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HomeMy WebLinkAbout04-0303 SONYA S. FETTERHOFF and, STEVEN M. FETTERHOFF Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0'/- 3a3 NO. -2004 CIVIL TERM V. UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 complaint and notice are served, by entering a written appearance personally or by an 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 il SONYA S. FETTERHOFF and, STEVEN M. FETTERHOFF Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA o '1- 3b~ NO. -2004 CIVIL TERM V, UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT COUNT I 1) Plaintiffs are Sonya S. Fetterhoff and Steven M. Fetterhoff, adult individuals residing at 7073 Carlisle Pike, Lot 103, Carlisle, Pennsylvania, 17013. 2) Defendant is Universal Underwriters Life Insurance Company, 7045 College Boulevard, Overland Park, Kansas, 66211-1523. 3) Defendant provided to Plaintiffs a policy of life and disability insurance, a copy is attached as exhibit "A". Said policies were in effect during 2002 to the present, Defendant was paid, in full, for the premium cost, 4) The policy provided that if an insured became disabled that the Defendant would pay the automobile payments during the period of disability. 5) On or about March 20, 2003, Sonya Fetterhoff's treating physicians determined that due to fibromyalgia that she disabled from employment, 6) Mrs. Fetterhoff submitted the disability claim to the insurer and it reviewed her medical records. The insurer II questioned her primary care physician, Katherine A. Gallagher, M, D" to clarify if she was being treated for depression or fibromyalgia. 7) On at least two occasions Dr. Gallagher stated that the treatment of Mrs. Fetterhoff was related to fibromyalgia. The insurer was thereby advised that depression was one of the symptomatic components of the fibromyalgia diagnosis. Copies of Dr, Gallagher's communications are attached hereto as Exhibit "B", 8) The insurer has taken the position that since Mrs. Fetterhoff was treated for depression that her responses to the policy application were untruthful and that the policy was void at the time it was issued. 9) The neurologist that treated Mrs. Fetterhoff, Francis J, Janton, M.D., forwarded to the insurer a publication from WebMD, attached as Exhibit "C", that states the depression is symptomatically associated with fibromyalgia. 10) Despite these communications and clarifications from Mrs, Fetterhoff's physicians, the insurer continues to deny coverage, A copy of the communication is attached hereto as exhibit "D". 11) Plaintiffs aver that all conditions precedent to recovery have been fulfilled_ 12) Plaintiff has been denied coverage under the policies of insurance issued by the Defendant. il \1 WHEREFORE, Plaintiff demands judgment against the Defendant in an amount in excess of $25,000.00 , plus interest and costs and any other relief deemed just and proper, COUNT II 13) The averments made in Paragraphs 1 through 12 are incorporated hereby by reference. 14) Plaintiff avers that the actions by the insurer constitute bad faith pursuant to 42 Pa.C.S.A. g 8371_ WHEREFORE, Plaintiff demands judgment against the Defendant in an amount in excess of $25,000,00, interest, costs, delay damages, attorney fees and damages under 42 Pa.C.S.A. g 8371 upon determination by the Court that the insurer has acted in bad faith, Respectfully submitted, O'BRIEN, BARIC & SCHERER ~ , ~A\/.2. I . 1.~;V-9..... Robert L. O'Brien, Esquire Attorney for Plaintiff 1. D, # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 By II We verify that the statements made in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Fa. C.S. 5 4904, relating to unsworn falsification to authorities, Aon71a 0 dcJ:itAJ-otj; Sonya S_ Fetterhoff g.., ..--.' / . - . / / '_.,' ,'>'-:';r/--/.' y zu/~.ft{~/~k.;6'(" Steven M. ~teihoff Dated: 1-15-0'f ACCOUNT NO. CERTIFICATE NO. 12450860 FIRST NAME Universal Underwriters Life Insurance Company ~ . (A Slock Company) . . 7045 Col/aga Boulavard . LOAN APR" Overland Park, Kansas 66211-1523 . 10.94 SCHEDULE M.I. LAST NAME AGE SOCIAL SECURITY # DOB Primary Borrower SONYA S (Called'l'ou) Co-Borrower IAloo e,lIed YO"' STEVEN H PRIMARY BORROWER ADDRESS - STREET CITY 7073 CARLISlE PIKE LOT 103 I CARLISlE INS. EFFECTIVE DATE FETTERHOFF FETTFRHOFF STATE PAl 17013 DATE OF FIRST LOAN PYMT. 29 3? ZIP 192-66-4531 091061: 179-~A-06?6 04/?1/1 TELEPHONE NO. 697-8406 SCHED. EXP. DATE OF LOAN INSURANCE! LOAN TERMS 07/2612002 SCHEDULED EXP. DATE OF LIFE INS. 09/10/2002 08/10/2008 08/10/2008 YES. I want 10 apply tor the insurance checked LIFE INSURANCE Primary Borrower 0 Co-Borrower 0 Primary & Co-Borrower [XX Single Life 0 Joint Life Ox INS, COVERAGE TYPE TERM OF INS. - MOS, INITIAL COVERAGE PREMIUM Decreasing Term 72 35878.32 1764.85 Tho> maximum amount 01 lile insuranc& is $50,000. Wilh prior approval and mor& prool 01 insurability. the amount may b& raised 10 $60,000, 498.31 72 498.31 1661.17 xx XX XX xx S&cond B&n&liciary named by Primary Borrower , CW~~H~~~'imY~~4 aL~AddreSS) s~JN;,~efiCiary named by Co-Borrower 4 RsHAit ROAb P .0. BOX 955 ~c;.nTf H S "PA 19044 I Note: You are insured only tor the coverages specitled In the Schedule where a premium charge is shown. It YOUt initial indebtedness is greater than your Decreasing Term Initial Coverage, this insurance will not completely pay oN your debt. See the Approval of Risks section of thIs Certificate. This certitlcate contains a pre-existlng condition exclusion for life insurance. The lite benetit will equal the premium paid tor lite insurance it your death or tolal and permanent disability results trom a condition tor which you received medical advice, consultation, diagnosis or treatment trom II physician within 6 months betore the effective date ot coverage and the dealh or total and permanent disability occurs during the first 6 months ot coverage. Refer to your certificate for further details. WARNING: Any person who knowingly and with Intent to defraud any insurance company or other person tlles an application for insurance or statement of claim containing any materially false information or conceals for the purpose ot misleading, Information concerning any fact material thereto commits a fraudulent Insurance act, which Is a crime and subjects such person to criminal and civil penalties. , APPLICATION FOR GROUP CREDIT INSURANCE 1. What is your current age(s)? Primary Borrower 29 CpLBorrower 31 (Maximum issue age is less than 66) 2. Have you within the last 5 years before the effective dale received or been advisell'1o receive medical advice or treatment tor Cancer or any condition 01 the Heart, Arteries, Brain. Liver, Kidneys or lungs. or lor Stroke. Depression. Mental Disorder, Uncontrolled Hypertension. Nervous System Disorder. Drug.Qependency, Alcoholism or Diabetes? .. Primary Borrower 0 Yes lJGX No Co-Borrower (it any) 0 Yes [}.lIJ'Jo 3. Have you ever tested positive for the human immunodeticiency virus (HIV) or received medical treatment for Acquired Immune Deficiency Syndrome (AIDS) or an AIDS related COmplex (ARC)? . Primary Borrower 0 Yes l1!IX No Co-Borrower (if any) 0 Yes ClXNo XX XX I hereby apply lor the Credit Insurance Coverage described M>ve. By signing below, I represent the ab~ statements are true, correct and complete to the best of ml( know/edpe and belief and a copy 01 this application was given to me on this date. I further understand that I am not eligible for insurance il have answered Yes to any of the questions listed above. STATEMENTS IN THIS APPLICATION WILL NOT BE USED IN A CONTEST UNLESS ALL APPROPRIATE SPACES ARE COMPLETED AND THE APPLICATION IS SIGNED BY YOU, DATED AND WITNESSED. DO NOT SIGN THIS APPLICATION IF ANY SPACES APPLICABLE TO THE BORROWER ELECTING HE COVERAGE AND TO THE COVERA~E I ELECTED HAVE NOT BEif:iN CO PLETED. ~ .,(/onm xJ d.H:f; ~;P.4.. ,-;, 07126/2002 . . Pri,f(ary Borrower Y ~;Elo~;;wer (I apphcab Oale F WItness FORM 897 APP (4197) CONSIDERATION We certify that il you have signed the application and any supplemental apRlications, and we have been paid the premium ,hown in the Schedule you are insured lor the coverage shown in the Schedule and as provided in the Policy issued to the 'olicyholder/Creditor. PAYMENT OF CLAIMS ~Iaim payments are made to the Policyholder/Creditor named in the Schedule to pay 011 or reduce the loan, If claim payments Ire more than the balance 01 the loan, the difference will be paid to the Second Benelicial)' designated above, if any and if ving. Otherwise payment will be to your estate. For joint lite coverage, the difference will be paid to the survIVor or in the vent of the simultaneous death of both of you, the difference will be distributed equally to the named Second Beneficiaries or ) the estates ot the insureds, :ORM 897L (4/97) SINGLE PREMIUM GROUP CREDIT LIFE CERTIFICATE DECREASING TERM INCLUDING TOTAL AND PERMANENT DISABILITY BENEFIT A\ ... ",,_Iv. .f<J.. i?) 7..... F,w"~ s....... c....,. ACCOUNT NO. Universal Underwriters Life Insurance Company (A Stock Comp~ny) 7045 College Boulevard Overland Perk, Kanaas 66211-1523 LOAN APR I $ CERTIFICATE NO. 12450860 I 10.94 FIRST NAME M.1. Primary Borrower SONYA S (Called Youl Co-Borrower (AI..C'''.''U) STEVEN H PRIMARY BORROWER ADDRESS - STREET CITY 7073 CARlIS~E PIKE lOT 103 I CARLISLE INS. EFFECTIVE DATE LAST NAME FETTERHOFF FETTERHOFF STATE PAl 17013 DATE OF FIRST LOAN PYMT. SCHEDULE AGE 29 32 ZIP SOCIAL SECURITY # 192-66-4531 OOB 09/06/19 179-5R-06?6 O.'?~/lq TELEPHONE NO. 697-8406 SCHED. EXP. DATE OF LOAN INSURANCE! LOAN TERMS 07/26/2002 SCHEDULED EXP. DATE OF LIFE INS. 09/10/2002 08/10/2008 08/10/2008 YES, I wanllo apply for the insuranca checked LIFE INSURANCE Primary Borrower 0 Co-Borrower 0 Primary & Co-Borrower OX Single Life 0 Joint Life Dx INS. COVERAGE TYPE TERM OF INS. . MOS. INITIAL COVERAGE PREMIUM Decreasing T arm 7Z 35878.32 1764.85 The maximum amount of life insurance is $50,000. With prior approval and more proof of Insurability, the.amount may be raised to $60,000. 498.31 72 498.31 1661.17 xx XX xx XX Second Beneficiary named by Primary Borrower C~f"~~'1P~agftLL~AddreSSI sIc~JNe~efjCiary named by Co-Borrower 400 S AM R AD P .0. BOX 955 ~~T4TF HORS A 19 44 Note: You are insured only for the coverages specified In the Schedule where a premium charge Is shown. If your initial Indebtedness Is greater than your Decreasing Term Initial Coverage, this insurance will not completely payoff your debt. See the Approval of Risks section ot this Certificate. This certificate contains a pre-exlsting condition exclusion for life Insurance. The lite benefit will equal the premium paid for life insurance if your death or total and permanent disability results from a condition for which you received medical advice, consultation, diagnosis or treatment from a physician within 6 months before the effective date of coverage and the death or total and permanent disability occurs during the first 6 months of coverage. Refer to your certificate for further details. WARNING: Any person who knowingly and with Intent to defraud any insurance company or other person tiles an appJication for Insurance or statement of claim containing any materially false Information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which Is a crime and subjects such person to criminal and civil penalties. , APPLICATION FOR GROUP CREDIT INSURANCE 1. What is your current age(s)? Primary Borrower 29 CpLBorrower ~ (Maximum issue age is less than 66) 2. Have you within the iast 5 years before the effective diile received or been adviselno receive medical advice or treatment for Cancer or any condition of the Heart, Arteries, Brain, Liver, Kidneys or Lungs, or for Stroke, Depression, Mental Disorder, Uncontrolled Hypertension, Nervous System Disorder, DruQ.Qependency, Alcohoijsm or Diabetes? . Primary Borrower 0 Yes ~ No Co-Borrower (if any) 0 Yes [j(}(NO 3. Have you ever tested positive for the human immunodefiCiency virus (HIV) or received medical treatment for Acquired Immune Deficiency Syndrome (AIDS) or an AIDS related complex (ARC)? Primary Borrower 0 Yes [1!PC No Co-Borrower (if any) 0 Yes [UNo xx xx I hereby apply for the Credit Insurance Coverage described ~ve. . By signing below, I represent the abo~ statements are true, correct and complete to the best of my knowledge and belief and a copy of this application was given to me on this date. I further understand that I am not eligible for insurance if I have answered Yes to any of the questions listed above. STATEMENTS IN THIS APPLICATION WILL NOT BE USED IN A CONTEST UNLESS ALL APPROPRIATE SPACES ARE COMPLETED AND THE APPLiCATION IS SIGNED BY YOU, DATED AND WiTNESSED. DO NOT SIGN THIS APPLICATION IF ANY SPACES APPLICABLE. TO THE BORROWER ELECTING HE COVERAGE AND TO THE COVERA~E I ELECTED HAVE NOT BE~N CO PLETED. . ~ -.4O'nm. x:ll1:HiJ o" ~J 1A ~/,' 07.126/2002 . . prilk'arY Borrower .Y ~;'B~;;;wer (I applicab .. Date WItness FORM 897 APP (4/97) CONSIDERATION We certify that if you have signed the application and any supplemental applications, and we have been paid the premium ;hown in the Schedule you are insured for the coverage shown in the Schedule and as provided in the Policy issued to the 'olicyholder/Creditor. PAYMENT OF CLAIMS :Iaim payments are made to the Policyholder/Creditor named in the Schedule to payoff or reduce the loan. If claim payments lYe more than the balance of the loan, the difference will be paid to the Second Beneficiary designated above, if any and if ving. Otherwise payment will be to your estate. For joint life coverage, the difference will be paid to the survIvor or in the vent of the simultaneous death of both of you, the difference will be distributed equally to the named Second Benetlciaries or ) the estates of the insureds. SINGLE PREMIUM GROUP CREDIT LIFE CERTIFICATE DECREASING TERM INCLUDING TOTAL AND PERMANENT DISABILITY BENEFIT A2- 'ORM 897L (4/97) A_.../.i'.f'''''!j/.,..~},,,,,,..~.loo.......f...., ('lOnnOV\I\-:z'C: (,(,:.,.' . (; /1 38t1d Pnone:888.884.2S24 - . i\es.., . .... noo':'" . .'. ':. ...~... .,.'., "., . '1m":'" .... .... . ""'" 'e.. .... . " ,.:,,~. ,.. ..'. ~: ..' . .' ',.' ", " '. : :' ," :.' ., i 1: "" ': : :,! ;', :,l ! \; :~ .r .' ~ . .. 2NJ To: Fax: Dr. Gallagher 717 975 5509 From: Date: 07/17/03 Vicki L. Extension 3112 RE: Credit Disability Claim-Sonya Fetterhoff Pages: cc: File . . Urgent . . . . . [J For Revluw [J Please Corrrnent [J Ploase Reply , , [J Please Rac}de We rvc:eIv8d lf1e medk:allrllatrnllnt notes from your office In l1lg1ll'ds to Sol1ya F-.noff. Your nolIIIS Indlcal8d that she I1lC81vod troaIment from 811_t January of 2002 for DepressJon and flbromyalgla and fatigue. Please answer the following question regarding h....truatmenl 1. Was he. DeprIlSSlon situational? YES Q If yes, please explain. k/\ i . O?OCior._."-.--- Dato: I (/ 1, )J Please fax YOU' lVlI/>OIISe back to lIS aS$oon as possible to fi.1l1hsr deI~1rr ~81\.tl1: (. ~ L\Ju3 Your signature: .\ ---- ,.....Q\ --...---- \-f,..:A. .-- . '!. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. :XtJ.:l :GI VS:V1 SQ, v(;/LO SSG'ON 3lI.:l TI I ~) PINNACLEHEALTH Family Medicine Center O/Camp Hill August 26, 2003 To Whom It May Concern: RE: Sonya S. Fetterhoff SS#: 192/66/4531 The above named patient is being treated by me for fibromyalgia, not for depression. Respectfully, ~~ C(I~ /#1~ Katherine A. Gallagher, M.D. KAG/cjh Note originally faxed 08/11/03 fL.2::J ;/;\ "'0-_ IN~IC:::-'ii-'" -' ~L)) CF L-_" "13 2-- ..---- '. .:ciS M;r~€l S!"i! Cin'pHr.:>A ~i':ln ;?S.9ecO ;:'5.~s..."'9:a 4) PINNAClEHEAlTH Credit Life Claims Depar~~ent 7045 College Boulevard Overland Par<, KG 65211 /.N~, ...../.'~-........i.-:;:."'!:-j~ t\ . ,. y;' :'-;> '......./1' ' .- "'QO~.'>; ':\ X~) F .",,;ly ~led;cine Cemer October 3, 2003 v/r,.'pHil1 R2: Sonya S. Fet:erhc:f Dear Vic:'d, My pat:.ent, Sonya Fetterr.off hels been unde= the care of a neurologi5~ for- fibronyalgia si~ce March 7, 2001. She has been on multiple mea~cations, exercise progra~s, anc weight loss programs, all to no avail. The person w~o has been treating her fibromyalgia is Francis J. Jantbn III, M.D., at Pennsylvania Neurological Associates, Ltd. in the HarrLsview Professional Center. 108 Lowther Street. Lemoyne, PA, 17043. If you need s?ecific ~nformation about her fibromyalgia condition, this would be the doctor that you wou:d need to contact. Additionally, I last saw Sonya on 9/26/03 and suggested that we send her to a chronic pain specialist, Dr. Cho. Sincerely, i~7t-.-fn Katherine GallaJ'ck:::, KG/eIb f11 KJ M.:l. 33 n ",UlV!LI - r IPromyalgia . . ~~J['.l~QJ . "VS ......-. .., ,"'-"-7 Advertisement Page 1 of4 -. >11I... - . Advertisement Advertisem, '---'_._-'~'-------~~ -'.-- --.-_.._------------ ,'_____.._..,'_.....'.__._. __....n_..__.._._.~ - - "." ~--------~-.._--_._-~- -.-."------- '~'-'--"'-'-'----'----'--'_."- .,----------" WebMTJHealth BiP Sm~rte' ?-~ ~.., H..hhl.,. . H >A WebMO Today Home WebMD Newscenter Toqav's Live Events Pharmacy Medical Info Diseases and Conditions Medical Librarv Qrygs & Herbs Familv Genetics ~-Care Health-E-Tools Q!injcal Trials Health and Wellness EQgg and Nutrition fimntinp and Pre{lnancy Women, Men, Allin\! SllOrts and Fitness 0Hn Omish. MD. Lifestyle WebMD Member Services Member Communities WebMD Live Events He.1th Risk Appraisel Edit Mv Profile My Healthcare MvHeaithRecord Find. Dodor. Clinic,.. Find Heaith Insurance Heaithcare News & Info My Health Plan About WebMD Our Credentials Privacy. Ethics & You Our Partners Our Sponsors Site MaD _ _~~~D!Bi~'- _.--------------- - .....---...---.... ..-..- -._._--_.~- -'-.-.---.---"---.-- ___. _____m __ __' ____ _,_...~______.__._ -. --..-..._-~-~---- ..-- _.._-------~._~-- _._--_._~._-~-- _._,~~"---- -.-. "_.. - - .._-~.~. W) MyWebMD QLoQ In Q Profile QMvHellllhRecord IG"I ~ Advertiserr . y "; 'li , L___ You are In DI_ses and Conditions> Arthritis. Faatured topics include: All Conditions I Allergies I Arthritis ( Asthma I Back Pain I Breest Cancer I Cancer I Depression I Diabetes I Heart Disease I MEln's Conditions I MigraineslHeadaches I OsteopOl'()sis I Sexual Conditions I Women's Conditions Understanding {Arthritis] Arthrttis Center I Full Guide I Know the Basics I Common Oisorders I Treatment and Tests Medic.al In10rm.itfon F'rom TIlL CU~\U..\.'1l CU:"lC C What is fibromyalgia? Fibromyalgia is a condition characterized by aching and pain in muscles, tendons and joints all over the body', especially along the spine. There are measurable changes in body chemistry and function in some people with fibromyalgia. These changes may be responsible for certain symptoms. However, fibromyalgia is not associated with muscle, nerve or joint injury; inadequate muscle repair; or any serious bodily damage or disease. Also, people who have fibromyalgia are not at greater risk for any other musculoskeletal disease. What are the symptoms of fibromyalgia? The pain of fibromyalgia usually seems worse when a person is trying to relax and is less noticeable during busy activities or exercise. Other symptoms are often associated with the pain, including the following: .. Sleep disturbance .. Depression .. Daytime tiredness .. Headaches .. Altemating diarrhea and constipation .. Numbness and tingling in the hands and feet .. Feelings of weakness .. Memory difficuities .. Dizziness What causea fibromyalgia? The exact cause of fibromyalgia is unknown. There are, however, many ttp://my. webmd.comlcondition _center _ contentlartlarticle/2945.400 01/25/2002 C\ _ 4-;.avul,yaJgla 11?!~:1~1 !Uq11JlS VOll health V \'e~l r . , after year' 'I Advertisement theories about why people get fibromyalgia. One theory suggests that stress contributes to the onset of fibromyalgia. Other possible causes are: . Distress (stress related to finances, work, marriage or recent loss such as the death of a close family member) . Conscious or subconscious tension, disordered sleep . Abnormal production of pain-related chemicals in the nervous system . Lower pain threshold, heightened perception of pain . Tenderness in certain areas, such as the upper back and forearms Symptoms of fibromyalgia \/\then fibromyalgia begins, stresses in a person's life are prominent. Stress often results in disturbed sleep patterns and a lack of restful sleep. \/\then you don't get enough sleep, your body does not produce the chemicals necessary to control or regulate pain. A lack of these pain- regulating chemicals results in tenderness in the upper back and forearms, leading to the symptoms of fibromyalgia. Physical and emotional factors may also contribute to the onset of fibromyalgia. For example, a physical illness (such as an infection) could cause changes in your body chemistry that lead to pain and sleeplessness. . \/\then you are sick, you may worry about your health and become anxious, depressed or inactive. These emotional factors could make your symptoms worse and aggravate fibromyalgia. Who is affected by fibromyalgla? Women tend to have fibromyalgia more often than men. In Europe, some studies suggest that as many as 14 percent of women may have fibromyalgia symptoms. In the United States, the fibromyalgia estimate is much lower - 2 to 4 percent of women and men. How is fibromyalgla diagnolled? The diagnosis of fibromyalgia is based on a combination of factors, including the following: . Complete medical history and physical exam (tD exclude other illnesses that may have similar symptoms such as rheumatoid arthritis, muscle inflammation, bursitis or tendinitis). . Presence of widespread pain together with some of the other symptoms of fibromyalgia. . Presence of very tender arees ('1encler points") at specific locations. People who have fibromyalgia experience abnormal sensitivity when light pressure is applied to many of the locations shown here. p:l/my. webmd.comlcondition center contentlartlarticle/2945.400 - - G-c Page 2 of 4 01/25/2002 . ~vJVJfiYlUgla , ~ .. Figure 1: Common areas or pain and tenderness (called "tender points') in peopie who have flbromyalgia. How is fibromyalgla treated? People with fibromyalgia receive individual treatment based on several factors, including their overall health, medical history, number of tender points, severity of pain and presence of other symptoms. Treatment for fibromyalgia includes the following: . Medications that decrease pain and improve sleep . Lifestyle changes, including stress reduction . Exercise to improve cardiovascular (heart and lung) health . Relaxation techniques to relieve muscle tension Medications Medications that increase restful sleep may help, such as low doses of antidepressant medication taken before bedtime. Other kinds of sleeping pills are not very helpful for people who have fibromyalgia. Nonsteroidal anti-inflammatory drugs including aspirin and ibuprofen (such as Motrin) may help decrease pain, but should be used sparingly. These drugs have many side effects such as stomach upset and fluid retention. They may also interact unfavorably with other drugs, such as medications for high blood pressure. No currently existing medications completely relieve fibromyalgia pain. However, acetaminophen (such as Tylenol) is both helpful and safer than other analgesics (pain-relieving medications). Anti-inflammatory medications (such as cortisone derivatives) used to treat other rheumatic conditions have been tested in people with fibromyalgia and did not improve symptoms in tests. Exercise Brisk walking, biking, swimming and water aerobics are good activities to choose when starting your exercise program. Your physician can help you choose an exercise program that's right for you. Participating in aerobic exercise for 30 minutes three times each week is an important step to improve fibromyalgia symptoms. Exercise increases heart and lung function and stretches tight, sore muscles. Coping with Stress Certain stress factors in life (financial burdens, or difficulties with a boss, http://my.webmd.comlcondition _center _ contentiartlarticle/2945.400 Page 3 of 4 c/-~ 01/25/2002 /. LC.' 50/7:JtC .Fefler-hot/. . TELEPHONE 1-888-884-2524 UNIVERSAL UNDERWRITERS GROUP 7045 COLLEGE BOULEVARD OVERLAND PARK, KANSAS 66211 MEMBER COMPANIES UNIVERSAL UNDERWRITERS INSURANCE COMPANY UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY UNIVERSAL UNDERWRITERS SERVICE CORPORATION UNIVERSAL UNDERWRITERS OF TEXAS INSUAANCE COMPANY UNIVERSAL uNDWfRWRllERS ACCEPTANCE CORPORATION UNIVERSAL UNDERWRITERS INSURANCE SERVICES, INC. UNIVERSAL UNDERWRITERS INSURANCE SERVICES Of TEXAS, INC. UNIVERSAL UNDERWRITERS INSURANCE SERVICES OF ALABAMA. INC. 12/12/03 Mr. Robert L. O'Brien 17 West South Street Carlisle, PA 17013 Credit Disability Benefits Claim No: C03002307 Claimant: Sonya S. Fetterhoff Dear Mr. O'Brien: We received your letter dated 12/3/03 indicating that you are representing Ms. Sonya Fetterhoff. Ms. Fetterhoff purchased a vehicle at Cumberland Valley Chrysler Plymouth on 7/26/02. At that time she purchased Credit life and Credit Disability insurance on her loan and signed an Application for Group Credit Insurance(copy attache d)_ Question 2 on the Application asks about prior medical advice and treatment for a number of medical conditions. Information that we received from Dr. Gallagher during our claim review indicated that Ms. Fetterhoff received medical advice and treatment for Depression on several dates during the period of 1/21/02 to 5/12/02. Since this treatment was within the 5 years prior to the Effective Date of the coverage, she was not eligible for the insurance coverage. The premiums for both the Credit ute and Credit Disability coverage was refunded to Daimler Chrysler and the contract was rescinded. A copy of the letter that was sent to Ms. Fetterhoff is attached. You may provide any further information that you feel may affect this claim to us at the address above. Sincerely, Vicki L. Credit life Claims Department Universal Underwriters life Insurance Company J) . W P.. ,~((;..:llpH~r. 'I 't\:04 ~"n' .t..:.:,......~,1 . l~ / ,n? ",,'1 ~ DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE . TRANSMISSION VERIFICATION REPORT 01/14 16: 20 2492449 00:04:33 15 OK STANDARD ECM TIME NAME FAX TEL SER.# 01/14/2004 16:25 OBS 71 72495755 71 72496873 BROA3J946349 ~ I-~I ~.,,)" ;:., ~ ~ --I ..... ? h' -t IYJ '.,' ("' "" ~, ~ C:. ~ "" .. '-'\ -) '-' . \ .r - V , c' II SONYA S. FETTERHOFF and, STEVEN M. FETTERHOFF Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-303 CIVIL TERM UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the Complaint filed in the above matter on January 23, 2004. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~8~, Robert L. O'Brien, Esquire I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/clients/fetterhoff/reinstate.pra (j C ? ~~tr "'-~ (;') ~',::' 1> , _'.~ r.~' .<',.' - ~f> ;..;} ;:; ~ ...., => = -'=" ::r: ~. ;;V I \.D ~ ~ o .t- o -n .--( ~- j";:j',...... :'C')h1 ~.t]CJ (") r :';iO r-r .;?B , '~i' n ~"-'i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00303 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FETTERHOFF SONYA S ET AL VS UNIVERSAL UNDERWRITERS LIFE IN R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 17th, 2004 , this office was in receipt of the attached return from DAUPHIN sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County So 18.00 9.00 10.00 25.50 .00 62.50 03/17/2004 OBRIEN BARIC ...-'~ R./Thomas Kline Sheriff of Cumberland County SCHERER Sworn and subscribed to before me this 11 te day of '711..~ ';;o-rr'f A.D. "'-jlL<.f1'< (1 'rJ.w.RP-,-<-, /1 on;; I Prothonotary I {I EIIJ1 The Court of Common Pleas of Cumberland County, Pennsylvania Sonya S Fetterhoff et al VS. Universal Underwriters Life Insurance Company SERVE: same No. 04-303 civil Now, February 5, 2004 ,I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. rJ~.# /" //' .> fY.//' ~~4~.4?"~"';> Sheriff of Curn berland County, PA Affidavit of Service Now, ,20 ,at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of .20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ $ @ffite of tlp~ ~lreriff WilIiamT. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Eslate Deputy Michael W. Rinehart Assistanl Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255.2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania FETTERHOFF SONYA S vs County of Dauphin UNIVERSAL UNDERWIRTERS LIFE INSURANCE Sheriff's Return No.1016-T - -2004 OTHER COUNTY NO. 04-303 AND NOW:March 5, 2004 at 11: OOAM served the within COMPLAINT upon UNIVERSAL UNDERWIRTERS LIFE INSURANCE CO by personally handing to HEATHER GALLOW SUPERVISOR 1 true attested copy (ies) of the original COMPLAINT and making known to him/her the contents thereof at 301 CHESTNUT ST SUITE 404 HBG, PA 17101-0000 before me this 9TH .~~ "" \ j/:~ Sworn and subscribed to ~~. { Sheriff of Dauphin County, Pa. PROTHONOTARY I, ~AL~.I, By Deputy :h~~ '\' Sheriff's Costs: $25.50 PD 02/20/2004 RCPT NO 188662 RH . :i d : 'I " il II \i ,I 1\ I II I I, , if \l " Ii Ii !! I I !! !' \: !: SONYA S. FETTERHOFF and, STEVEN M. FETTERHOFF Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-303 CIVIL TERM CIVIL ACTION - LAW UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, Defendant JURY TRIAL DEMANDED PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the Complaint filed in the above matter on January 23, 2004. Respectfully submitted, O'BRIEN, BARIC & SCHERER 't?D8~ 3/z5"/O't Robert L. O'Brien, Esquire 1.0. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ": ." (') ,- ~ ""rJf:; fi1rI-; ~..:-,- (6\-' -<.. ~:~ ~.~-~~ ~- -, -' , ....., = = ...- - :;;'; ::0 ", (JI o "'Tl ~"'T- nl;=! -t1m :fly ~C) :::r:::H '"J-:-s ~~ iT} ,':~' ""D ::.~: C"1 -.." SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00303 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FETTERHOFF SONYA S ET AL VS UNIVERSAL UNDERWRITERS LIFE IN R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 14th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 18.00 9.00 10.00 25.50 .00 62.50 04/14/2004 OBRIEN BARIC So answers '.C. /.' ~""-:: ~ ""~--;=-~:~~_.._'~-- -"_/-~:'::::-"d-;;'~--:::" -;~~~? Sheriff of CUmbe~county SCHERER Sworn and subscribed to before me this II, '!;: day of ~ .2L'C"j A.D. l+r Q~ ~ ~ Prothonotary ,~, The Court of Common Pleas of Cumberland County, Pennsylvania Sonya S, Fetterhoff et al VS. Universal Underwriters Life Insurance Canpany SERVE: sane No, 04-303 civil Now, March 30, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at tile request and risk of the Plaintiff. ~?/ ~//;. "'" /....i. ~~"",-'d'<-< _~...,. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 ,at 0' clock M. served the within upon at by handing to a copy of the original and made mown to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ @fficr of tqc ~~criff Mary Jane Snyder Real Estate Deputy . J. Daniel Basile Chief Deputy Michael W. Rinehart Assistanl Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania FETTERHOFF SONYA S ET AL vs County of Dauphin UNIVERSAL UNDERWRITERS LIFE INS CO Sheriff's Return No. 2795-T - -2004 OTHER COUNTY NO. 04-303-CIVIL AND NOW:March 31, 2004 at 2: 15PM served the within REINSTATED COMPLAINT & NOTICE upon UNIVERSAL UNDERWRITERS LIFE INS CO by personally handing to HEATHER GALLO CSR 1 true attested copy(ies) of the original REINSTATED COMPLAINT & NOTICE and making known to him/her the contents thereof at 301 CHESTNUT ST SUITE 404 HBG, PA 17101-0000 before me this 1ST d{Y\\f A~RIL, 2004 (f) ()JU/lU1; So Answers, ?/!~ Sheriff_V;Phi~a. By ~ Deputy Sheriff Sworn and subscribed to \Sif?~ C3-. PROTHONOTARY Sheriff's Costs: $25.50 PD 04/01/2004 RCPT NO 191428 KC Thomas E. Brenner, Esquire Goldberg, Kalzman & Shipman, P.c. PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attonleys for Defetldants SONYA S. FETTERHOFF and STEVEN M. FETfERHOFF, : IN THE COURT OF COMMON PLEAS :CUMBEIU"AND COUNTY, PA Plaintiffs : NO. 04-303 v. UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, : CIVIL ACTION - LAW :.1 URY TR! AL DEMANDED Defendant NOTICE TO PLEAD TO: Sonya Fetterhoff and Steven Fetterhoff c/o Robert O'Brien 17 West South Street Carlisle, P A 17013 YOU ARE REQUIRED to plead to the within New Matter within 20 days of service hereof or a default judgment may be entered against you. COLDEERG, KATZMAN & SHIPMAN, P.e. ~ / J By: Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants Date: May 12,2004 Thomas E. Brenner, Esquire Goldberg, Katzm'Ul & Shipm,Ul, r.c. ro Box 1268 Harrisburg, r A 17108-1268 717-234-4161 Attorneys for Defendant SONYA S. FETTERHOFF and STEVEN M. FETTERHOFF, : IN THE COL'RT OF COMMON PLEAS :CUMBERLAl'\D COUNTY, PA Plaintiffs : NO. 04-303 v. UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, : CIVIL ACTION - LAW :jURY TRIAL DEMANDED Defendant ANSWER WITH NEW MATTER AND NOW, comes Defendant, Universal Underwriters Life Insurance Company, by its attomeys, Goldberg, Katzman & Shipman, P.e., who state: COUNT I 1. Admitted. 2. Admitted. 3. Denied as stated. Plaintiffs applied for a policy of life and disability insurance upon the purchase of a motor vehicle. A copy of the application for the policy is attached hereto as Exhibit "A". 4. Admitted. S. Denied. This paragraph states a legal conclusion to which no response is necessary. 6. Admitted. 7. Admitted. 8. Denied. The insurer discovered that Mrs. Fetterhoff treated for depression prior to the applying for the insurance policy and failed to truthfully and accurately answer the question concerning treatment for depression in the policy application, rendering the policy void for misrepresentation. 9. Admitted. 10. Denied. The information provided by Plaintiffs' physicians did not change the fact that the Fetterhoffs had not truthfully and accurately answered the questions concerning prior medical treatment in the application, constituting misrepresentation. 11. Denied. This paragraph states a le!-,'<ll conclusion to which no response is necessary. 12. Denied. Defendant Universal by letter of July 31, 2003, advised the Plaintiffs that the policy was void and the premium returned to Daimler Chrysler Financial to be credited against the amount of the auto loan obtained by the Plaintiffs. (See Exhibit "13") WHEREFORE, Defendant Universal requests that Count I be dismissed, with prejudice. COUNT II 13. The answers to paragraphs 1 through 12 are incorporated herein by reference. 2 14. Denied. The para!-,rraph states a legal conclusion to which no response is necessary. WHEREFORE, Defendant Universal requests that Count I be dismissed, with prejudice. NEW MATTER 15. Plaintiffs' applied for a disability and life insurance policy at the time of acquisition of a vehicle in July 2002. A copy of the Application for Coverage is attached hereto as Exhibit "A". 16. In response to the cluestions concerning health history set forth on the Universal insurance policy application, Plaintiff Sonya Fetterhoff stated she had not treated for depression within five (5) years of making the application. (See Exhibit "A") 17. Upon review of medical records provided by Plaintiffs' physicians, Universal discovered that Sonya Fetterhoff had treated for depression prior to the application for insurance benefits and therefore, had not truth fully and accurately answered the questions set forth in the policy application. 18. Based upon the misrepresentation by Sonya Fetterhoff, Universal advised the Plaintiffs that the policy would be voided at the time of application and the premium amount was returned to Daimler Chrylser Financial. See Exhibit "B" and Exhibit "C" hereto. 3 19. Defendant Universal acted in good faith in investigating the claim presented by Sonya Fetterhoff and advising the Fetterhoffs of the findings of misrepresentation and have rescinded the policy and returned all monies received as premium for the cost of the disability policy. 20. The Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. WHEREFORE, Defendant Universal relluests that the Plaintiffs' Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.c. L By: Thomas E. Brenner, ESlluire Attorney ID #32085 PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorneys for Defendant Date: May 12, 2004 4 r 4CCOUtITNCI. """"",,,oo 2450860 Universal Under\\Titers tife Insurance Comp"':IY fAllDet;C4ir_rl """'c...._ LClAHil.PfI ~"""~lGlI.'SZS 3:; , , ; ]0.94 , SCHEDUl.!: ~.,lZ, If ....... PFllt.UoRY BQAAOWEA 400AESS _ STfIEET A ,n " CrTY STATE z. TELf"PHOHE HO. ) , " , lN$. oEFFECTIVE DATE DATl OF FlRST LOAN PYWT ., SC>lED.EXP.DATEO~lO"" INSURANCEI LOAN TEFI.~S . O' 5CHEDlA..EDEX" DATEOFU~E1HS. 08/10/2008 VES.I_"~""""_~ UFEINSUfU,HCE Prirnaty BomlWllf:J Co-Bonower 0 PriInary&Co-BorrtlMl exx SlngIeUf. G JointUl.:ll;x DlSABIUTY INSURANCE --""""",,,-Iy-', - INS. COVE!WJf:~ TDlMOI'ItS. MOS. OK,..;ngT,,,,, 71 IIIITW..COVEIIAGE .....~ 35878.32 176", Il~ T""_....._lIf1lt~.IOS50.llO\l._"""'--'_"""p_'" .....~...._...-ybl.....IIIISlID.OOO. --I 498.3d l,IQNT"~YBEHEFIT f'REWIUIol 498.31 .....,.,.,.. 13,;!~ 13 Si. Oisdl\y !:ix _:J:.XEI_O w....m"'G I"ERIOO (OA.YS) ,.- 300 PmItIyllD_.J.1 ll;.o..a_,;] ~t= s-.cl~_...,Pm>Ity___ ~.........,...,~ "!1'I'"!1~L1'c-' 4 IllliisHiitiibAD p.o. BOX 955 ":'." r!it-!!~~for~~~lnlnttr.~~utI~:'~~&-:':_!'.l~ O\,Ir ibL"YiU.N' , r_.~..r~Mtw".t:gmoniiJYbi:snandyourmonthIYI08n~nl.~the of RllIks MCllon wa'~. Thl.certmcateCOf1talNl~~' ....ffi~10f)II1ofdi'.bllllty~" Inclforlltalnlul'8/'ICII.Vouwlllnol ~Ive I dE1'Ubllltv IMolWln II \'OU 5," the 11rl1t; m I i ....~II I ,"un of." Illne.... di.....OI' YI ia'lonl0rwtl "" :.il-'vkll. 0fI01' l~rIrI lhelmonthl tMlfo,..U. ~ ..._~....... ~h'Dn'" I I", Ul'llnc. r1:thortoWl ....==:4 ~ult8 1 CD '-11.ctv _U . lagnol. ~ I"" nt omlD It wIttllnel'ftOflthl the clMtIOIICQ1I8I'8IIelndtM orlollll ~ dIll ty occu... G, ng IhI ftrst I monUII of coveraJL r to your ClIl1'1i1lCl1Ilor lunhW W'U~' .:J'l.~~~,..~~=-~t~dII':~:~~~="=f::=:='= :r~l !Ii C::~0fI CDnCIImI"1I .w.1Itt "".....~ _ie.. fraldulanllnaur_ Ia. whlcI'Ii&. crt... .rMi.u .~ paraon to criminal and t:lvll P''''1llN. APPUCAilON FOR GROUP CREDIT INSURANCE 1: ~~~~~I;)~~ao;:w:JeclWI ala ret.~~:~ IlM..f1O r~~~~:==5fJ Canoe.r Of '~y eondiliGll or the Hlllt, AM,..., Brain. Liver, Kidne~. Of Lunlll, Of 10, Stroke, Depq5Sion. Ulntal OlSOrdlf, UnconltOlleO"YPI",".Ion..NII\'OUSSyIIImOilordlr,DI'IIL~,"~:ohoIismorOilbl"'? Primary 80rt0wer 0 Yes lD: No . Co.8omlwer (If any) :: Ves :J.XNo 3. Haw you ever IeI>>d poI/IMI tor. the NlmIn irrIl'unDl3IfIcncy virus (1iIV) or receiYecllnIdiCaI trMmInt Ilr AcqI.iracllmrTlu'll Dsfic:iIincyS)'l1llrorntlAlOSloranAlOS"IaledCl:,!Nllex{AB~1 _ PrimaryBorrowlr:JY_~No Co'~(llany) ~V":l.l:No ~. At. you working IOf WIgII and pRlfn IIU tt'IIn 3lLhours I weak, on the ell,M:llwi ~ IhDwn at!Pve? PmIary BomIw.r '] Va rik No Co.aor-r (1l1nyJ _ YII 3.XNo 5. Iiaveyou\lllitl'lintl'llllUl 1 I'Hf~lT*licaI~ortrlltm'nllOf.Spfl'n.SlrainOlOilOrderolthe~SpiM.orNllc:k? PrimIII)'ElontIwer Q Yu!XkNo Co.8orYower{lr8r'l)'j:J Yn LUNG IhereoyapptyIotPhlc..dltrr.ur.nr:.~.dlilcrtbedabcM. B~~"'tNtbw,lrepreMf'ltlheaboYelWf:r1'llnts_truli. :c'rs::=rr-':~~:~'7r~=y"'Tany~~~~w~~.fn4lonltQaall. lfurther rct~~~D~i ::~g:~~ IrMa~~ ~ ~&5,Oor~c~~~r~~ ~~6t~?cf:~~ f:~E~iT~~ IF ANY SPACES APPLICABLE TO THE BOAROWEA EI.E E COVERA.GE AND TO TIiE COVEAA~E ~ ELECTEDHAVENOTBE~"'-E ~ ...JCnfe;yrJl?+R' . n~6"L'''M'' . Pr Borro_r o-e.onow.rdappllc:aD eM /' IlnI$.II FORM W APP (..-g7j FORM B97 (-i/W} SINGLE PREMIUM GROUP CREDIT UFEAHO.oISA8Iun' CEA'TlACATE GROSS DEeREASINO-fElW . INCLUDING TOTAL AND PERUAHLNT Dl!tA81LJ'T"( BENEFIT HOMF ....;!'l..c COPY' ._~...---- J. '; . EXHIBIT I "1\" .............<....,'~.." "'- .., "...,...,......,....-. VERIFICATION I, Vicki Lee, hereby acknowledge Ihat I am an authorized rep"lSentative of Universal Underwriters Life Insurance Company; Ihat I have read Ihe foregoing document and Ihallhe facts stated therein are true and correcl to the best of my knowledge, information and belief. I understand Ihat any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to aUlhorities. Universal Underv,'riters Life Insurance Compa...'1Y IV uJuX& By: Dale: S-J& /0 Lf CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Robert L. O'Brien, Esquire 17 West South Street Carlisle, P A 17013 GOLDBERG KATZMAN &SHIPMAN,P.C. Date: May 12,2004 108996.1 '. -:.. /:; f.':i~ , .r ).~, n r- ~" ~-\ ~ .', ,,~::;) :':2 o -n .~, M~;q ~~ ~:;: rn ::i ~J~J -< :t.,. -< w ""tJ ~",. r:? = N SONYA S. FETIERHOFF and, STEVEN M. FETIERHOFF Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-303 CIVIL TERM UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED REPLY TO NEW MATIER 15. Admitted. 16. The Plaintiff incorporates the averments in her Complaint herein. As stated in the Complaint, Mrs. Fetterhoff was being treated for Fibromyalgia. She avers that she truthfully and accurately answered the questions on the application. 17. The Plaintiff incorporates the averments in her Complaint herein and that she truthfully and accurately answered the questions on the application. 18. The Defendant advised the Plaintiff that it would not offer coverage under the policy. The Plaintiff denies that she made any misrepresentations on the policy application. 19. The Defendant has not acted in good faith and has ignored the opinions of the treating physicians in denying coverage. 20. The Plaintiff has stated valid causes of action for breach of contract and bad faith by an insurance company. Respectfully submitted, O'BRIEN, BARIC l!lt SCHERER B;4Y6M-' Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I verify that the statements made in the foregoing Complaint 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 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. Vffrujf1 )J ~ Sonya S. FEitterhoff rob/clientslfetterhoff/reply/new/malter 0 ~ = 0 c: = .." -o.t3? J:"' L :r.." rnp., c: ;:'~:-J,} :J::: n1r= ;-:C -U.~ U)~): ,l:"' :D ~f::'~ 0 ...- .....1 -f,' ~C? " I-r) ::li:: 90 5>(> N (~m C -:;"" :--1 ~ J:-"" W ::0 -.I -< Thomas E. Brenner, Esquire Attorney ID #32085 Michael F. Socha, Esquire J.D. #200988 GOLDBERG KATZMAN, P.e. 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff SONYA S. FETTERHOFF and STEVEN M. FETTERHOFF, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiffs NO. 04-303 v. UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant DEFENDANT UNIVERSAL'S MOTION FOR SUMMARY JUDGMENT Defendant, Universal Underwriters Life Insurance Company, by its attorneys, Goldberg Katzman, P.e. ftles this Motion for Summary Judgment, and in support thereof states: 1. The underlying litigation involves a disability insurance policy entered into on July 26, 2002. 2. Under the policy, the Defendant, Universal Underwriters Life Insurance Company ("Universal"), agreed to pay Plaintiffs' automobile installment purchase payments during periods of disability. 3. In response to the questions concerning health history set forth on the policy application, Plaintiff, Sonya Fetterhoff, answered that she had not been treated for depression within 5 years of filling out the application. (Exhibit "A") 4. Plaintiff, Sonya Fetterhoff, was treated and was prescribed medicine for depression within five (5) years of filling out the application pursuant to her medical records (Exhibit "B") and testimony of her treating health professionals. 5. Sonya Fetterhoff was aware that she was being treated for depression pnor to responding to the questions set forth in the Universal insurance policy application. (See Deposition Transcript of Sonya S. Fetterhoff, 11/22/2004, p. 12.) 6. Dr. Katherine A. Gallagher stated that Sonya Fetterhoff was being treated for depression and fibromyalgia prior to the date that Sonya Fetterhoff filled out the insurance application. (See Deposition Transcript of Katherine A. Gallagher, M.D., 9/23/2004, pg. 26-30). 7. Kathleen Pollock, a registered nurse practitioner, testified that she treated Sonya Fetterhoff for depression and that Sonya Fetterhoff was aware that she was being treated for depression. (Deposition Transcript of Kathleen Pollock, 8/12/2005,pg. 13, 15,20). 8. Upon discovering that Sonya Fetterhoff had been treated for depression, Universal advised the Fetterhoffs by letter of July 13, 2003 that the policy would be voided because Sonya Fetterhoff failed to truthfully answer the questions set forth in the insurance application (Exhibit "e"). .. .ODMA ',PCDOCSIDOCSI/2805611 2 9. Sonya Fetterhoff knew she was being treated for depression and she knowingly misrepresented the fact that she was not treated for depression within 5 years of filling out the insurance application. 10. In the light most favorable to the Plaintiffs, the undisputed facts and applicable law show that Universal's decision to void the insurance policy was proper, consistent with applicable law, and made in good faith. WHEREFORE, Defendant, Universal Underwriters Life Insurance Company, requests that this Honorable Court grant its Motion for Summary Judgment. GOLDBERG KATZMAN, P.e. ~~ By: Thomas E. Brenner, Esquire Attorney ID #32085 Michael F. Socha Attorney LD. #200988 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date: December 30, 2005 . :ODMA IPCDOCSIDOCSI12805611 3 ACCOUNT NO. Universal Underwriters Life Insurance Company __ (A Stock Company) 7045 College Boulevard LOAN APR Overland Park, Kansas 662'11-1523 'lI CERTIFICATE NO. SOCIAL SECURITY # 192-66-4531 2450860 SCHEOULE AGE 29 Primary Borrower (C~lIedYou) Co~ orrower Also Caned YOll FIRST NAME SONYA S LAST NAME FETTERHOFF PRIMARY BORROWER ADDRESS - STREET 7073 CARLISLE P K CITY STATE ZIP TELEPHONE NO. INS. EFFECTIVE DATE SCHED. EXP. DATE OF LOAN INSURANCE! LOAN TERMS 07/26/2002 SCHEDULED EXP. DATE OF LIFE INS. 08/10/2008 YES. I want 10 apply for the insurance checked LIFE INSURANCE Primary Borrower 0 Co-Borrower 0 Primary & Co-Borrower OX INS. COVERAGE TYPE TERM OF INS. - MOS. INITIAL COVEF~AGE PREMIUM Dacr~asing T arm 72 35878.3:1 1764.85 Single lile 0 The maximum amount of life insurance is $50,000. With prior approval and more proof 01 Insurability, the amount may be raised to $60,000. Joint lile Ox 498.31 72 498.31 1661.17 xx XX xx Second Beneflciary named by Primary Borrower ESTATE . Second t!:eneficlary named by Co-Borrower 955 Note: You are insured only for the coverages specified In the Schedule where a premium charge Is shown. If your initial Indebtedness Is greater than your Decreasing Term Initial Coverage, this Insurance will not completely payoff your debt. See the Approval of Risks section of this Certificate. This certificate contains a pre-existing condition exclusion for life insurance. The life benefit will equal the premium paid for 1I1e insurance il your death or total and permanent disability results from a condition flJr which you received medical advice, consultation, diagnosis or treatment from a physician within 6 months befom the effective date of coverage and the death or total and permanent disability occurs during the first 6 months of cc)verage. Refer to your certificate for further details. WARNING: Any person who knowingly and with intent to defraud any insurance company or other person files an application for Insurance or statement of claim containing any materially false Information or conceals for the purpose of misleading, Information concerning any fact material thereto commits a fraudulent insurancE! act, which is a crime and subjects such person to criminal and civil penalties. APPLICATION FOR GROUP CREOIT INSURANCE 1. What is your current age(s)? Primary Borrower 29 ColBorrower ~~ (Maximum issue age is less than 66) 2. Have you within the last 5 years before the effectIve date recej,oJed or been adVise 0 receive medical advice or treatment for Cancer or any condition of the Heart, Arteries, Brain, Liver" Kidneys or Lungs, or for Stroke, Depression, Mental Disorder, Uncontrolled Hypertension, Nervous System Disorder, DrugJ;?ependency, AlcoholIsm or Diabetes? . Primary Borrower 0 Yes LXIX No Co-Borrower (if any) 0 Yes [lXNo 3. Have you ever tested positive for the human immunodeficiency virus (HIV) or received medical treatmE!nt for Acquired Immune Deficiency Syndrome (AIDS) or an AIDS related complex (ARG)1 Primary Borrower D Yes !XIX No Co-Borrower (if any) 0 Yes C:XXNo xx xx I hereby apply for the Credit Insurance Coverage described ~ve. By signing below, I represent the ab()~ statements are true, correct and comr1ete to the best of my knowledge and belief and a copy of this application was given to me on this date. I further understand that am not eligible for insurance jf I have answered Yas to any of the questions listed above. STATEMENTS IN THIS APPLICATION WILL NOT BE USED IN A CONTEST UNLESS ALL APPROPRIATE SPACES ARE COMpLETEO AND THE APPLICATION IS SIGNEO BY YOU, DATED AND WITNESSED. 00 NOT SIGN THIS APPLICATION IF ANY SPACES APplIC. ABLE TO THE BDRROW.ER ELECTING. HE COVERAGE ANO TO THE. COVERA~E~1 G ELECTEO HAVE NOT BEEN COMPLETED.. ' A:.,"'- LJ1;/ ><;'10l1;jf' xJ, 1HfI/td-L '/tln7:'.U y \ 8WE/2882 ~ Pri ary Borrower to o-Borrower (I appllcab Ii ate Witness FORM 897 APP (4/97) CONSIDERATION We certify that jf you have signed the application and any supplemental applications, and we have been Raid the premium shown in the Schedule you are insured for the coverage shown in the Schedule and as provided in the Policy issued to the Policyholder/Creditor. PAYMENT OF CLAIMS Claim payments are made to the Policyholder/Creditor named in the Schedule tOJ'ay off or reduce the loan. If claim payments <;lr~ more than the balance of the loan, the difference will be paid to the Secon Beneficiary designatE~d above, if any and if irving. Otherwise payment will be to your estate. For joint life coverage, the difference will be paid to the survivor or in the event of the simultaneous death of both of you, the difference will be distributed equally to the named SecQnd Beneficiaries or to the estates of the insureds. -- SINGLE PREMIUM GROUP CREDIT LIFE CERTIFICATE OECREASING TERM INCLUOING TOTAL AND PERMANENT DISABILITY BENEFIT BDRROWER'S COrY FORM 897L (4/97) ~ i ~ EXHIBIT A . lENT .IDENTIFICATION NARRATIVE PROGRESS NOTES ~ljLl qlL~ mil' I . DATE COMMENTS } lid. Jl;} (!(': /'ru~ V . . / ~.ji; \ 'Jo.'J--1..[)..cd..,J 1 oj ( 'i./'o (/CJ I M>I--A LI L,"'U:' luLl- /ftl'J r,;) ( j IN LlllJil; f)~ 'ryJJL I'tn7 A .J./J .u/'JjJ /1 AI -' I Ja. J- ~JZ h-w ,2L0i 'I1.L~: "if; fJ ~ J.iJJJ..a IJJ fA/) 17-11. /", LJ Lt LA l I /'i;:/ i J a .lM~ t 0. (1 A. --0 f1...D_0. 1.J.Jt1.Jl f)/I /) I?./ ~ I r d.. / lj.AA. LJJ;i'='. j J /J. J,{u dI-Lr.L /JlfU (11" fU..I JJ -rJ]t}, ~ ~J ffi/Yy' { &.J ~~. h A \a..l J ~ rIu. 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JU,' '-' .fn '/ /l!- ' (J ~ -cP: :.:) (18,n QJ(JdL I v 1.1) L.)j '\! ~ (J 11 I- ' I / IA) J)Q (le~ V~'/JU-,)ILU ~" /JWA'r r;y w~ IU../J./J/~~ 1(/)=[ ('1 M ;/) //,)J./1i1.ra! .r1bt) }' ru'yu '+ hi}:, d 1 k (j -1L I[Xr /Ji j, 0-1- A f }"V J:J'^, J d 1) Yf)L (J N.J. d'f9.:t IJJ ~'OIfU1iJ1 la, tru/J I L)/~ &!La:. :11 ~..f1L1 JJih ,J1A ri)/I!r,ViJAb 7h. fUAd ~i bJ(;/J . ~ ^ . ru A) () A /J/ I A Ii If( ldv> /1/",} JiladDd-t.fU .;0 /1.1/'4'7/,.0$ ~\ iliA! Lirl I / '/11)1 dJ{/)rtt +)j()J01.J lfud V),{.J jI.flI.J{jJ /Yt/1u /u-<l~ tA:1 ~ M,'Ifri._ 1L MiA I 1-,- ' '])..Ld. nA L ~ EXHIBIT 0;- , { .L 0 0 j L ,I "}j._V !!I G fE'\ \lu".~ \h/1yhpA. L{ .1-2 Lt~~ CLUe II ~ FormlOOS , r ~~) ( ~,A, ~ =t;fd>>,.r/)/ ~ ~ PAGE FILE NO PATIEI DATE: ) -' ~ Lt -~d. Dr. K.P - Caller: VJ Cl~ - T"'Pho",~Io~L/iL(P I Patient: ( . ~ tefu ~. Reason fDr Calling: ~ W - 1\0~ t((~ J D iCWY...J ,:::j'l~ TIME: 3'.50 Dr's Reply: ~(C s URGENT 0 -r~QY ~ )aJIP 'l~~ cA; o...f/ ~\J QJ \;)~D{O.P \ ,~ \.1f \ ( Staff Member's InitlaIS:~. Form 84 (8/96) Action Taken by Staff Member: Returned Call Called in RX . SCheduled~t. Staff ~s: \\'O-'c\OO VN" Date: ?::,.q -0;;:" Time: \ f .00 Dr. \:..& '\:er. c...P Caller: s"'c.-,(!;, ~ 1 \ . ~\--,,,,~ Telephone #: (y"), ls"'-toL, Patient: "2:>~ Scheduled for: c.. ~\ Dr.'s Reply: on ~- \ \ D.;) at/with ~ Ref Done: ;-' Date: -'. Staff Initials: Diagnosis: ...., . Additional Notes: Insurance: r.::,Q:, 'r-\"I ~L,'5- Pi Staff Initials: <..::)\-\ 9324-65 (Rev 10/97) 'f!! J/jfJ It 6 ~ '" ---,- r..-; (7 { I J.CuL 8z5 Form '009 PATIENT IDENTIFICATION DATE NARRATIVE PROGRESS NOTES PAGE FILE NO. COMMENTS ;> ~h(;j ('reif PRESCRIPTION ALL-IN FORM Dale of Birth I SS # Phone # Dale . CJ g~ /. / (91)-gVCXo O L Pharmacy Name .I Phone ~ . '>0... \..0.11- Medication 1 l! I (Yj( Y 2 3 _ 4 s~e~h ,)~ / SIG " 8.0 AMT Refills }6 J -- Message Taken By I PCP Signalure Pharmacist '- ~ Date / / TIme a.m. p.m. Form 5046-26 (Rev. 1/98) I"nrffl1nnQ (~) a~~ ~ /' d:D 'rU (~ ~ jj~ hC, "'~f~~ /~ 'Z:-..~ ~ '. ~- ~ PATIENT iDENTIFICATION NARRATIVE PROGRESS NOTES DATE: li ' 1 ~ < k Dr.~? C'""W~I~~ . Telephone # ~ eO) . Patient: . Rea on for Calling: -\-'0 ~ . TIME: JO'.j 5 ;' S URGENT 0 't'IS'~'O , Staff Member's Inlla. _ Form 84 (BIgS) PAGE FILE NO. ,<..cJj,/) / ; I J ~j, \iJr Ir./ dA 1'J1.\ ~ j Action Taken by Slaffd Call r;L-- Member: Returne Called In RX . _ Scheduled Appt. S<Off M'm""" ,"",., ~ 1;., {fJ. 1f~zr -<-P X 4dj tfl::. ~hg;;4/~0, , ~ t~,~l;U ~ a;::;;!:~~, 21.u . (1J--A 0(0)., (k.A. ^ ih't- ~, M-rk,J;Q 7J Form 1009 c' 12~ v ',ENTlDENTIFICATION NARRATIVE PROGRESS NOTES PAGE FILE NO. DATE COMMENTS ()/)}.-{xJ. {A. ,rrl....Wi ;t.J, '+ c;r/dwnl f1rLP ---- PRESCRIPTION CALL-IN FORM Dale of Birth ISS # I Phone # I Dale / / . / / ~.Il~macy ame I Phone # e. , (} '"'" p.m. LU - 17(17 A j ~ _lIt/A 'rll(d? ---,.Medication Stren~th'. BIG AMT Refills 1<J' 'fDO~~ ~~:rYi:$Jfl$;It; ~J J Message Taken By / Form 1009 @ ?( d/Qj/ I(L~~4L()jJ)P PRESCRIPTION CALL-IN FORM Dale of Birth I SS # Phone # / / ma N 600~ UlJo.::! +{"Mtdication 1 '-Ii 1-,1) A 1/;// 2 3 4 strenaz; I nL I Dale / / ~ LU/J ~W/l7 SIG c/:; I~ D6 .tAl I , p.m. \0Jrx 1 AMT dl Message Taken By Dale \,/)/~ Message C:ompleled By o Iv'\"'<"', Date: 6.)\ . 0 ct 'Time: <=10.0 Dr. Caller: ~~ ~ rr,-,""h<~ Telephone #: (}"\ . ~OG. Patient: ~."..,-..",,- .. Scheduled for: CsT Dr.'s Fleply: on 6. 2;:0 '0 Q;) at/with"1r- ~..........To"\. Ref Done: Date: Staff Initials: ,x ~ '\ . ;)1:) ~ Diagnosis: '7. Additional Notes: Insurance: l JhH.C, Staff Initials: c5tt 9324-65 (Rev 10(97) Sl.N3L^lV'lOO 3l.V'G 'ON311:l 38\td S3.l0N SS3l:1~Ol:ld 3^I.l'Vl:Il:I'VN NOI1.\tOI;:lLJ_N3Gll.N31l\td TELEPHOr-.:E 1-888-884-2524 (I \\ I jT~ 't'1. \ ) @ UNIVERSAL UNDERWRITERS GROUP 704S COLLEGE BOULEVARD OVERLAND PARK. KANSAS 66211 MEMBER COMPANIES UNIVERSAL UNDERWRITERS INSURANCE COMPANY UNIVERSAl UNDERWltlHRS lifE INSURANCE COMPANY UNIV,RSAL UNDERWRj.TERS SERVICt CORPORATION UNIVERSAL UNDERWRITERS OF TEXAS INSURANCE COMPANY UNIVERSAL uNowERWRIHR5 ACCEPTANCE CORPORATION UNIVERSAL UNDERWRITERS INSURANCE SERVICES, INC UNIVERSAL UNDERWRITERS INSURANCE SERVICES OF TEXAS. INC UNIVERSM UNDERWRITER!; INSURANCE SERVICES Of ALABAMA, INC 07/31/03 Sonya 5. Fetterhoff 7073 Carlisle Pike Lot 103 Carlisle PA 17013 Re: Credil Disability Benefits Claim No: C03002307 37 Dear Sonya 5. Fetterhoff: A review of this claim for Credit Disability Benefits has been compleled. I( you will refer to Certificate/Policy No: 0002450860, effective 07/26/02, under the seclion entitled APPLICATION FOR GROUP CREDIT INSURANCE, you will note it states in part: 2. Have you within the last 5 years before the effective date received or been advised to receive medical advice or treatment for Cancer or any condition of the Heart, Arteries, Brain, Liver, Kidneys or Lungs, or for Stroke, Depression, Mental Disorder, Uncontrolled Hypertension, Nervous System Disorder, Drug Dependency, Alcoholism or Diabetes? By signing this application you indicated the statement was true to the best of your knowledge and belief. According to information received from Dr. Gallagher, you received medical advice and treatment on several dates during the period of 1/21/02 to 5/12/02 for Mental Disorder/Depression. Since you received medical advice or treatment for Mental Disorder/Depression during the 5 years before the effective date, you were nol eligible for Ihe credit life and Disability coverage at the time of purchase. Therefore, the contract is void and the credit life and Disability premium in the amount of $3,093.58, is being returned by Universal UndelWriters life Insurance Company to Ch.ysler Financial. We regrel we are unable to be of assistance. However, if you have any questions or additional information which may have a bearing on our decision, please contact us toll free at 1.888-884-2524. If your loan has not been satisfied, a separate letter has been sent to your creditor as notification of our decision, copy enclosed. Sincerely, Universal Underwriters life Insurance Company by: Vicki L. *....... File Copy *"'*.. **** File Copy **** **** File Copy **** **** File Copy *H* ~ ~ ~ ~ c= EXHIBIT CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Robert L. O'Brien, Esquire 17 West South Street Carlisle, P A 17013 GOLDBERG KATZMAN, P.e. BY:~~lZ~ Thomas E. Brenner, Esquire Date: December 30, 2005 (-:r !"'<'l ,-~) ~_l <-y, ('1 'i1 :-:1 ..1_-.-, ,I'T 1 ".:~" t ',:J G) -;J C) {n C..I J 1 2 3 4 5 6 7 8 9 1 0 1 1 12 e 1 3 1 4 15 1 6 1 7 18 19 20 21 22 23 24 . @~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SONYA S. FETTERHOFF and STEVEN M. FETTERHOFF, NO. 04-303 CIVIL ACTION - LAW Plaintiffs, vs. UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, JURY TRIAL DEMANDED Defendant Deposition of: KATHERINE A. GALLAGHER, M.D. Taken by Plaintiffs Date September 23, 2004, 4:05 p.m. Place 4076 Market Street Camp Hill, Pennsylvania Before Lucinda K. Reporter - Hoffman Notary Public (-) (- APPEARANCES: O'BRIEN, BARIC & SCHERER By: ROBERT L. O'BRIEN, ESQ. 19 West South Street Carlisle, PA 17013 (717) 249-6873 For - Plaintiffs HOFFMAN REPORTING York, Pennsylvania (717) 852-7896 HOFFMAN REPORTING (717) 852-7896 ......, n c.:') ~"~-, '.../ ';.;", .-q L. :;:1 .. [')'i '" ( -, ;~~ <..J , (~) ~"l'" , .u , -.,... ;-,1 c<> f ( q :.'~) \..0 -< . 1 0 11 12 e 13 1 4 15 16 17 18 19 20 21 22 23 24 . 2 1 APPEARANCES: (Cont'd.) 2 3 GOLDBERG, KATZMAN & SHIPMAN By: THOMAS E. BRENNER, ESQ. 320 Market Street/Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 4 5 6 For - Defendant 7 ALSO PRESENT: 8 SONYA S. FETTERHOFF STEVEN M. FETTERHOFF 9 HOFFMAN REPORTING (717) 852-7896 t e e 1 0 1 1 1 2 1 3 1 4 1 5 16 17 18 19 20 21 22 4 1 2 EXHIBITS 3 GALLAGHER DEPOSITION EXHIBIT NUMBERS PAGE 4 1 Fax from Vicki L. to Dr. Gallagher dated July 17, 2003 14 5 6 2 Letter from Dr. Gallagher to To Whom It May Concern dated August 26, 2003 15 7 8 3 Letter from Dr. Gallagher to vicki dated October 3, 2003 17 9 4 Document entitled Universal Underwriters Life Insurance Company 22 5 Pinnacle Health visit chart 23 6 Narrative progress notes 25 23 24 HOFFMAN REPORTING (717) 852-7896 t e e 1 2 3 4 5 6 7 8 9 1 0 11 12 1 3 1 4 15 16 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 5 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, certification and filing are hereby waived. KATHERINE A. GALLAGHER, M.D., called as a witness, being duly sworn, testified as follows: DIRECT EXAMINATION ON QUALIFICATIONS BY MR. O'BRIEN: Q. Doctor, would you state your name? A. Katherine Gallagher. Q. And could you outline your educational background for us, Doctor? A. I attended undergraduate college at WVU, and I received a BA degree in biology, zoology and graduated magna cum laude, phi beta kappa. I attended Hahnemann Medical University in HOFFMAN REPORTING (717) 852-7896 . e e 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 13 14 15 1 6 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 6 Philadelphia. And I graduated with honors in medicine. I did my residency at Grant Hospital for three years in family practice. And when I completed that, I became board certified. Then I had three years National Health Service Corps. And ever since, I've been in private practice. Q. How many years have you been practicing as a physician, Doctor? A. Do you want me to include residency or not? Q. Yes. Include the residency. A. Since 1982. Q. And at the present time, are you board certified in, is it family medicine? A. Yes, I am. Q. And are you certified in any other areas? A. No. Q. Your office is located in Camp Hill. Is that correct? A. Yes, it is. Q. Doctor, have you had occasion to treat HOFFMAN REPORTING (717) 852-7896 >> . . 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 7 Sonya Fetterhoff in your practice? A. Yes, I have. MR. O'BRIEN: I would like to offer Dr. Gallagher as an expert in the area of family medicine. Perhaps Mr. Brenner has some questions. MR. BRENNER: Let's go off the record for a second. (Whereupon discussion was held off the record.) CROSS EXAMINATION ON QUALIFICATIONS BY MR. BRENNER: Q. Doctor Gallagher, Tom Brenner, I represent the interest of the defendant in a lawsuit that's been filed in Cumberland County. How long have you been licensed to practice in the State of Pennsylvania? A. 16 years. Q. You indicated you served with the National Health Corps? HOFFMAN REPORTING (717) 852-7896 t . . 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 1 6 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 8 A. Urn-hum. Q. Was that in Pennsylvania or somewhere else? A. Down in Florida. MR. BRENNER: No further questions on the doctor's qualifications. DIRECT EXAMINATION BY MR. O'BRIEN: Q. Doctor, do you have your records with you in reference to your treatment of Mrs. Fetterhoff? A. Q. Fetterhoff? A. Yes, I do. Doctor, when did you first see Mrs. November 11th, 2002. Q. And what was that visit concerning? A. (Referring) I'm going to have to go find her other chart. Hold on just for a second. (Whereupon the witness left the deposition room.) HOFFMAN REPORTING (717) 852-7896 t e e 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 9 A. Basically, she had an allergic reaction to some rings that she was wearing. Q. And what action did you take after you met with her? A. I put her on a steroid dose pack and a nonsedating antihistamine and a steroid cream. Q. When did you next meet with her? A. December 2nd, 2002. Q. And what was she presenting with at that time to you, Doctor? Sinus infection. And what steps did you take to treat A. Q. that? A. syrup_ Q. I put her on an antibiotic and a cough When did you next have a meeting with her in the office? A. December 12th, 2002. Q. And what was she presenting at that time when you met with her? A. She was still symptomatic, still coughing. Q. And what steps did you take at that HOFFMAN REPORTING (717) 852-7896 t e e 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 18 1 9 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 1 0 point, Doctor? A. Switched the antibiotic and the cough syrup. Q. When did you next meet with her? A. December 18th, 2002. Q. And what was she presenting at that time, Doctor? A. She was getting a little better, but she had developed a wheeze. Q. And what did you do at this meeting with her? A. Told her to continue on the antibiotic. And I added a bronchodilator to help open her up. Q. When did you next see her? A. March 27th, 2003, yes -- I'm sorry, that wasn't me that saw her. It was one of my partners. Q. And which partner saw her? A. Dr. Suzanne Wolanin-Saifi. Q. And do your records show what Sonya was complaining of at that time? A. Yes. She had a headache, and she was numb on her right side. HOFFMAN REPORTING (717) 852-7896 . e . 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 1 1 Q. When did she next come to your office, Doctor? A. September 26th, 2003. Q. And at that point in time, what were her complaint or complaints? A. She had been under the care of another doctor, a Dr. Janton, who is a neurologist. And she had been under his care for quite some time before I first met her. Q. And you indicated that Dr. Janton is a neurologist? A. Right. Q. What was he treating her for? A. Dr. Janton was treating her for fibromyalgia. Q. Doctor, could you tell us how the diagnosis of fibromyalgia was arrived at? A. It's usually what we call a diagnosis of exclusion because there is no one specific test for it. So you usually have to go looking for other things first. And if all of those tests come back negative and she has traits consistent with fibromyalgia, the diagnosis is made. HOFFMAN REPORTING (717) 852-7896 . . . 1 2 3 4 5 6 7 8 9 10 1 1 1 2 1 3 1 4 1 5 16 1 7 1 8 1 9 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 1 2 Q. And at the present timer Doctor, are you of the opinion to a reasonable degree of medical certainty that Sonya suffers from fibromyalgia? A. Yes, I am. Q. And for what length of time have you been seeing her and treating her for that disease? A. Well, that's kind of why Sonya came in to see me on the 26th of September, 2003. She was upset because she felt Dr. Janton had given up on her. Q. And based on that statement from your patient, what steps did you take? A. Well, she told me she was in severe pain all the time. She can/t sleep because of the pain, and so she states she is tired all the time and is unable to work because of the fatigue and the pain. Q. What recommendation or treatment did you prescribe after that visit? A. Because she seemed to be on what I felt was a pretty reasonable regimen for fibromyalgia from Dr. Janton, I wanted to send her to a specialist that HOFFMAN REPORTING (717) 852-7896 . e . 1 2 3 4 5 6 7 8 9 1 0 11 1 2 13 14 15 16 17 18 1 9 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 13 I thought manner. Q. A. Q. Doctor? A. Q. Cho? A. maybe might have a little better bedside And did you do that? Yes. And what referral did you make, I wanted her to see Dr. Cho. To your knowledge, did she see Dr. On the day of that visit, the referral girl here called Dr. Cho's office, and they were told that the computer was down and that she would have to call on Monday. (Referring) I'm not sure. Q. with Sonya? A. When is the next contact that you had 4/19/04. Q. And what did you treat her for at that visit? A. She was having heavy periods, and her mom was actually with her. And her mom is a lab tech, and she wanted her checked for anemia. Q. And did you do that at the request of her mother? HOFFMAN REPORTING (717) 852-7896 t e . 1 2 3 4 5 6 7 8 9 1 0 11 12 13 1 4 1 5 1 6 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 14 A. Yes. Q. And what did you find? A. She was very pale on exam, and I drew blood on her. And she was not anemic. Q. At some point in time, did you make a determination that Sonya could no longer work or perform her duties of employment? A. It appears around, I can't put an exact date on it, somewhere between June and July of 03 that I was aware she was applying for disability. Q. Now, in reference to that disability claim, I'm going to show you some notes. Let's mark that. (Whereupon the document was marked for identification as Gallagher Deposition Exhibit Number 1.) Q. Doctor, I've given you an exhibit that has been marked Exhibit 1 for purposes of this deposition. Have you had enough time to review that? A. Urn-hum. HOFFMAN REPORTING (717) 852-7896 t e . 1 2 3 4 5 6 7 8 9 10 1 1 1 2 1 3 1 4 15 16 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 1 5 Q. And what exactly was that request and your response? A. The Credit Disability Claims organization asked me if her depression was situational. Q. And how did you interpret that question? A. That there was an external influence that would cause the pressure. Q. What was your response as of, I'm taking it that those are your initials or signature and the date? A. Urn-hum. Q. What was the date that you responded? A. 7/25/03. Q. And what was your response? A. I said no. Q. Subsequent to that, did you receive a second communication to which you responded? And I'd like to have that marked. (Whereupon the document was marked for identification as Gallagher Deposition Exhibit Number 2.) HOFFMAN REPORTING (717) 852-7896 t e . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 1 6 Q. Now, Doctor the exhibit that has been marked 2 is on your letterhead. Is that correct? A. Yes. Q. And what is the date of that? A. August 26th, 2003. Q. And do you know what prompted that response to the insurance company? A. No. Q. In that response, what did you indicate? A. I stated that I was treating Sonya for fibromyalgia but not for depression. Q. Is that response different in any way from your response on 7/25/03? A. Well, it's kind of two different questions. Q. Okay. Would you explain that, please? A. On the July 25th inquiry, they just wanted to know what type of depression she had. We call it intrinsic or extrinsic. And I basically said she did not have extrinsic depression, HOFFMAN REPORTING (717) 852-7896 . e . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 18 1 9 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 17 whereas in this letter from August 26th, 03, I stated I was treating her for fibromyalgia, not for depression. Q. What is the difference between extrinsic and intrinsic depression, Doctor? A. Extrinsic depression is usually something situational like the death of a family member, divorce, financial loss. And intrinsic depression is usually either solely idiopathic, in other words, people don/t even know why they/re sad but they're sad or it is from an internal disease process such as fibromyalgia, sleep apnea/ heart bypass surgery. (Whereupon the document was marked for identification as Gallagher Deposition Exhibit Number 3.) Q. Doctor, another communication from your office was then sent to the insurer on October 3rd, 2003. And that has been marked as Exhibit 3. A. Urn-hum. Q. Could you summarize what that response HOFFMAN REPORTING (717) 852-7896 t e . 1 2 3 4 5 6 7 8 9 10 11 1 2 1 3 14 1 5 16 1 7 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 18 was to the insurer? A. I was notifying the insurer that her fibromyalgia had been followed by Dr. Janton, a neurologist, starting about March 7th of 2001. She had been under numerous treatments for her fibromyalgia and had failed them all. I was giving them information to contact Dr. Janton. I gave them his address because he was ultimately the expert in fibromyalgia, and they wanted detailed answers. I felt they were -- they should go to the source of her primary treater of the fibromyalgia. Q. How do the notes in your medical records where you reference depression relate to the fibromyalgic condition that Sonya suffers from? A. Well, one of the hallmarks of fibromyalgia is fatigue and depression. And she definitely had both of those in just about every note. And I noticed when I was kind of looking over Dr. Janton's notes, she reflected the same symptoms, not wanting to go out, tired all HOFFMAN REPORTING (717) 852-7896 t e e 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 1 9 the timer not a happy mood but, sort of a melancholy. Q. In your opinion, again, to a reasonable degree of medical certainty, if Sonya did not have the underlying fibromyalgia process going on, would she be depressed? A. I don/t think she would be. Q. SO as I understand your response then, the depression is a direct outgrowth of the underlying medical condition? A. I believe it is in Sonya. Q. Did you ever refer her to a psychiatrist or other individuals, psychologists or anything for what you saw as a depression? A. Because I felt strongly that her depression was a symptom of the fibromyalgia, I did not think she needed psychiatric counseling. I think she needed her fibromyalgia to get better. Q. Has her fibromyalgia improved as of the date of this deposition, September 23rd, 2004? A. I don/t think so. Q. What is your prognosis for Sonya's recovery from or improvement from fibromyalgia? HOFFMAN REPORTING (717) 852-7896 . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 . . KATHERINE A. GALLAGHER, M.D. 20 A. I think Sonya is interesting because she has, unlike a lot of fibromyalgic patients, she has some laboratory findings that we wish we could find on most fibromyalgic patients. Specifically, her inflammation rate stays up. And a lot of people don't believe in fibromyalgia. They think it's just, you know, they're lazy, they don't want to go to work. And her inflammation index has been consistently up. There is no rheumatologic or autoimmune disease that we have been able to uncover. So I basically think she has a bad inflammation in her muscles and in her connective tissue. And she is one of those interesting ones that actually shows it on lab testing. Q. SO there is objective support for her complaints? A. Absolutely. Q. Did you prescribe any medication that would be useful for countering her depression as reported? A. Because ultimately Dr. Janton had been prescribing her medicines for fibromyalgia, from what I can see, I left that up to Dr. Janton. HOFFMAN REPORTING (717) 852-7896 t . . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 21 Q. The neurologist that was treating her? A. For fibromyalgia, yes. MR. O'BRIEN: Thank you, Doctor. I have no other questions. CROSS EXAMINATION BY MR. BRENNER: Q. Dr. Gallagher, the dispute that we're here about involving my client involves an application for a disability policy made by Mr. and Mrs. Fetterhoff in July of 2002. As I understand your previous testimony, you first saw Mrs. Fetterhoff as a patient in November of 2002. Is that correct? A. That is correct. Q. A application form for the disability pOlicy was submitted in July 2002. To your knowledge, did you have any input with regard to that application for disability insurance? A. Should I answer for what I can tell, providers that she was seeing here? Q. I'm going to ask you about that in a HOFFMAN REPORTING (717) 852-7896 t . . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 22 minute. If we can just focus on you, and then I'm going to go back through some of the records I think you have in front of you and ask you some questions. In terms of you, yourself, understanding that you didn't see her until November, is it a fair statement that didn't have any input with regard to an insurance application for her as of July 2002? A. I really don't think I did. Q. I'm going to make it, hopefully, a little bit easier. And if it's okay, Rob, I will just number these consecutive here. This will be Exhibit Number 4, and it's a copy that has been reduced. (Whereupon the document was marked for identification as Gallagher Deposition Exhibit Number 4.) Q. Dr. Gallagher, I admit the copy is not of the greatest quality, but have you ever seen that application for insurance benefits before, to your knowledge? HOFFMAN REPORTING (717) 852-7896 . . . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 14 15 1 6 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 23 A. No. Q. I/m going to ask you some questions. I laid to your right there a document that we will mark as Exhibit Number 5. And I believe that reflects a photocopy of the visit chart for Mrs. Fetterhoff being here at the practice. Is that correct? A. That's correct. (Whereupon the document was marked for identification as Gallagher Deposition Exhibit Number 5.) Q. And looking down the left side of that, which is the date area, you told us that your first interaction with her, I believer was in November of 2002/ which if I'm looking at the entries right, is about five or six from the bottom of that page? A. Right. Q. Your initials then are in the It looks like KG. Is that right-hand column. correct? A. Correct. Q. Initials above that for entries prior to HOFFMAN REPORTING (717) 852-7896 t e . 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 24 the November 2002 visit seem to be consistently, in the year 2002, a KP? A. Urn-hum. Q. Who is KP? A. Kathy Pollack. Q. How do you spell Kathy's last name? A. P-o-I-I-a-c-k. Q. And was Kathy, in 2002, a member of the professional staff here at the family practice center? A. Yes, she was. Q. Now, I notice an outside column far right on that chart has a title at the top of the page of Nurse, and there's some initials that appear in that. Would that be a nurse that would be involved in interacting with Mrs. Fetterhoff when she would have been here to visit the practice? A. It's supposed to be that. I can't even make out what some of those are. Q. Now, I have marked and made copies of about four or five pages from a chart there in front of you. I'm going to mark these collectively as Exhibit 6, and I have a couple of questions from them HOFFMAN REPORTING (717) 852-7896 t e . 1 2 3 4 5 6 7 8 9 10 1 1 12 1 3 14 1 5 16 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 25 for you. (Whereupon the document was marked for identification as Gallagher Deposition Exhibit Number 6.) BY MR. BRENNER: Q. Doctor, we're handing you a copy of what we've marked as Exhibit 6 which I want to represent are copies of records provided by your office with a date on the first page of January 14th, 2002, running through, the date on the last page is May 17th, 2002. Now, again, so we're clear, my understanding is at this point in time earlier in 2002, you were not the physician that saw Mrs. Fetterhoff. Is that correct? A. Right. Q. Looking at the note for January 14th, 2002, that appears on the first page of Exhibit Number 6, I'm looking through a handwritten paragraph, about three sentences towards the end of that paragraph almost to the middle of the page. HOFFMAN REPORTING (717) 852-7896 t tit . 1 2 3 4 5 6 7 8 9 1 0 11 1 2 1 3 14 15 1 6 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 26 It looks like there is writing, She is weepy and upset. Do you see that? Looking at where the sticker is on your exhibit, I'm going to say it's about three lines above the sticker. A. Yes. I see it. Q. Would this be a note that would have been prepared by Kathy Pollack when she interacted with Mrs. Fetterhoff that day? A. Yes. Q. Now, going down about four lines from that, there is a code on the right. It looks like an A with a colon beside it. Do you see that? A. Yes. Q. And to the right of that, it says depression. Correct? A. It says depression, fibromyalgia. Q. The line below that, it says fibromyalgia. Correct? A. Yes, it does. Q. And that A designation would have been a diagnosis that Kathy was reporting on the chart that day? A. That's an assessment. A lot of times you don't give the exact diagnosis. You can do your HOFFMAN REPORTING (717) 852-7896 . 1 2 3 4 5 6 7 8 9 1 0 11 1 2 e 1 3 14 15 1 6 17 1 8 19 20 21 22 23 24 e KATHERINE A. GALLAGHER, M.D. 27 differential diagnosis there also. Q. SO this would have been her assessment that day? A. (Nods head) Q. And you, as a professional, seeing Mrs. Fetterhoff later, if you were to go back through the records, you would pick up something like this assessment of a member of your staff here, that it was Kathy's evaluation of January 2002 that Mrs. Fetterhoff was suffering from depression at that time. Is that correct? A. I would say that one of her symptoms was depression. Q. Now, looking below that reference, there's an indication of several medications, as I read the abbreviations, that Mrs. Fetterhoff was using at that time. And the second one listed is Elavil? A. Yes. Q. Is that a medication that is used to treat depression? A. No. It's mainly used to treat fibromyalgia. Q. The medication noted above that is HOFFMAN REPORTING (717) 852-7896 . . . 1 2 3 4 5 6 7 8 9 1 0 11 1 2 1 3 1 4 15 16 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 28 Vioxx? A. Um-hum. Q. Would you treat depression with Vioxx? A. No. Q. Looking down to the next entry at the bottom of that first page of Exhibit 6, it looks like it's a January 21st, 2002, office visit, again moving down to the area where the A or the assessment, as you told us earlier, is it noted again fibromyalgia and depression? A. Yes, it is. Q. And again, looking at the bottom of the page, this was a note prepared by Kathy Pollack of the office. Is that correct? A. Correct. Q. Directing your attention to the second page of Exhibit 6, there is a note at the bottom that has a left-hand column reference of March 11th, 2002, do you see that? A. Yes. Q. Looking to the right-hand column and moving down about five lines, there is reference to doing well on the, and it's a medication HOFFMAN REPORTING (717) 852-7896 -- . . 1 2 3 4 5 6 7 8 9 1 0 1 1 12 1 3 14 15 16 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 29 that I can't read. Do you know what that medication is? A. Nortriptyline, I think. Q. Do you know what that medication is used for? A. That references, it's either Pamelor, which is referenced earlier in the message there, she was placed on Pamelor, do you see that? Q. Yes, I do. A. That's, I believe, the generic form of pamelor. Q. And what is pamelor used for? A. pamelor is very similar to Amitriptyline or Elavil. They are tricyclics that are mainly used nowadays for fibromyalgia. Q. Okay. Looking at the top of Page 3 of Exhibit 6, as I've marked it, this looks like a continuation of the note for March 11th? A. Urn-hum. Q. Under assessment, again, do we see depression and fibromyalgia at the March 11, 2002 visit? A. Urn-hum. Q. Yes? HOFFMAN REPORTING (717) 852-7896 t 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 18 1 9 20 21 22 23 24 . . KATHERINE A. GALLAGHER, M.D. 30 A. Yes. Q. Thank you. And again, this is a note prepared by Kathy Pollack of your office? A. Yes, it is. Q. Moving down the page to the lower portion of the third page of Exhibit 6, do we see reference to a March, I'm sorry, April 15th, 2002 visit-- A. Urn-hum. Q. --and looking at the middle of that descriptive first paragraph, about the fifth line down, does it reference stress -- I think it reads, Has been in bed all weekend, something stress noted at work? A. I think that word would be more. Q. Okay. Thank you. And looking at the last line on the April 15th, 2002, visit, is there a reference to crying and weeping all the time or all this time? The very last line. A. Yes. There is a reference to that. I think it says at this time. Q. Thank you. I wasn't sure. A. But I might be wrong. Q. Looking then to the top of Page 4 of HOFFMAN REPORTING (717) 852-7896 t 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 18 1 9 20 21 22 23 24 . . KATHERINE A. GALLAGHER, M.D. 31 Exhibit 6, this is a continuation of this April 15th note, again, the assessment provided, I think there's three here now, depression, fibromyalgia and gastroenteritis? A. Yes. Q. And again, this is a note prepared by Kathy Pollack of your office. Is that correct? A. Correct. Q. Turning the page to the fifth page of Exhibit 6, toward the bottom of that we're looking at a visit that occurred on May 12th, 2002. I'm looking about six lines from the beginning of that note, it reads, Is taking, it looks like Nortriptyline for depression. Is that the way you read that note? A. It looks like she did state that in that sentence, although she didn't prescribe the medicine. Q. This is something that was prescribed by another physician apparently? A. By her neurologist who was treating her for fibromyalgia, which she did state in the other note. HOFFMAN REPORTING (717) 852-7896 . 1 2 3 4 5 6 7 8 9 1 0 1 1 12 13 1 4 15 1 6 17 18 19 20 21 22 23 24 . . KATHERINE A. GALLAGHER, M.D. 32 Q. All right. And again, looking a little lower on the note for May 12/ 2002/ towards the bottom of that page, Page 5 of Exhibit 6/ under the assessment category, three things are listed here. It looks like allergies, fatigue and depression. Do you see that? A. Where? Q. At the bottom of that same page that we were just looking at? A. Yes. Q. The last page of Exhibit 6, if you'll turn the page, it looks like a prescription reference on the sixth page of, turn to the last page there, there is reference to a prescription call-in at the top of that page. It looks like Clarinex? A. Yes. Q. That would be for allergies. Is that correct? A. Yes. MR. BRENNER: That's all the questions I have for you, Dr. Gallagher. Thank you. HOFFMAN REPORTING (717) 852-7896 . . . 1 2 3 4 5 6 7 8 9 1 0 11 1 2 1 3 1 4 15 1 6 17 18 19 20 21 22 23 24 KATHERINE A. GALLAGHER, M.D. 33 REDIRECT EXAMINATION BY MR. O'BRIEN: Q. I have a couple of follow-up questions for you, Doctor. When Sonya was seeing Dr. Pollack, and as counsel for the insurance company has pointed out, January 14th, 02, there is a reference to depression. In your opinion, is Dr. Pollack's reference associated as conditioned on the existence of the fibromyalgia? A. I'm sorry, January-- Q. January 14th, 02, where she's-- MR. BRENNER: I'm going to object to the form of that question. She can answer it for the record. I'm sorry. I forget what THE WITNESS: you said? BY MR. O'BRIEN: Q. I'll rephrase the question. You had indicated that when you were and are currently treating Sonya, that the depression is secondary and an outgrowth of the underlying HOFFMAN REPORTING (717) 852-7896 t 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 20 21 22 23 24 . . KATHERINE A. GALLAGHER, M.D. 34 medical condition of fibromyalgia, is that a fair statement? A. That's correct. Q. And is it your opinion that when she was seeing Dr. Pollack, that those notes would reference the existence of that same diagnosis? MR. BRENNER: The same objection. THE WITNESS: That's correct. Because these medicines, these tricyclics that he was prescribing for her, we don't use them much anymore nowadays because they're dangerous. But they've been found to be so effective in fibromyalgia that we will pull them out of the cabinet for that diagnosis. But nowadays, the antidepressants that are out now are so safe that we would never go back to the tricyclics for depression. They just happen to work well on muscles. BY MR. O'BRIEN: Q. And likewise, the other references in Dr. Pollack's notes where she references depression, there again, that would be secondary to the HOFFMAN REPORTING (717) 852-7896 KATHERINE A. GALLAGHER, M.D. 35 t 1 fibromyalgia? 2 A. Absolutely, because of the medications 3 being used. 4 MR. BRENNER: The same objection. 5 MR. O/BRIEN: I have no other 6 questions. 7 MR. BRENNER: Werre finished. Thank 8 you, Doctor. 9 - - - 1 0 (Whereupon the deposition concluded at 1 1 5:05 p.m. ) 12 - - - e 1 3 14 1 5 16 17 1 8 1 9 20 21 22 23 24 . HOFFMAN REPORTING (717) 852-7896 36 KATHERINE A. GALLAGHER, M.D. a 1 COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF YORK ) 2 3 I, Lucinda K. Hoffman, Reporter and 4 Notary Public in and for the Commonwealth of Pennsylvania and County of York, do hereby certify 5 that the foregoing deposition was taken before me at the time and place hereinbefore set forth, and that it 6 is the testimony of: 7 KATHERINE A. GALLAGHER, M.D. 8 9 I further certify that said witness was by me duly sworn to testify the whole and complete 10 truth in said cause; that the testimony then given was reported by me stenographically, and subsequently 11 transcribed under my direction and supervision; and that the foregoing is a full, true and correct 12 transcript of my original shorthand notes. It 13 14 I further certify that I am not counsel for or related to any of the parties to the foregoing cause, or employed by them or their attorneys, and am not interested in the subject matter or outcome thereof. 15 1 6 17 Dated at York, Pennsylvania, this 14th day of October, 2004. 1 8 19 ~, / 1/ NOl4R1AL SEAl ',/ / C:fd1~-.f, ., __i~ / .ll.~__ LUCINDAKHOFFMAN L cinda K. Hoffman-'tftj. ~~~~~ R porter - Notary Public MANcHESTER ~ YORK COUNTY My Cotnmbsion f><plt... Sep 25. 200e 20 21 22 23 (The foregoing certification of this transcript does not apply to any reproduction of the same by any means 24 unless under the direct control and/or supervision of the certifying reporter.) . HOFFMAN REPORTING (717) 852-7896 , . E ) t I E I , c . . {. x ~ dJ ;+S . . . , G /1 ::DXl ... '-. ~ ,. --;.- .-," . ".... ." .~ - ~ ..; ,'" "'. To: Dr. GaUagher Fax: 7179755509 From: Vicki L. Data: 07/17/03 Extension 3112 RE: Credit Di~ability Claim-Sonya Pages: Fetterhoff cc: File . Urgent . . . . . . . [J For R&vlIIW 0 PIe_ Corrrnent 0 Pleas_ Reply [J Please R.ec)de 1. Was her Depression situati0nai? ~s G WY"s, plAase explain. W. rvceMId the mec:lIcaIl:e8tment notes fRlm your oIlIee In l1lgBlds to Sonya l'elIeIholf. Your nollIIS Incllcal8d lhalllhel8C8lYad trvatmunt from a118allt January of 2002 for Dep.-lon and ftblomyalgla and faIlgue. Plun _lhe foIJowlng quesllon l1lg8I'dlng her lh...b ...."t. :.,.-, VI ~y \o?oc\or-.>----- \ Q~e ~U Pleasefaxyourresponsebaeklo us as soon as passllHto fUrth.rclel3V'4Ev(f'cl~,,: !. 5 LC j Ca\\ ------ .. '": .. & . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. :X\;j,:j :GI VS:v1 80. vVLO Si - ']3 I '-r" 4) PINNAClEHEALTH Family Medicine Center Of C,Ulfp Hill August 26, 2003 To Whom It May Concern: RE: Sonya S. Fetterhoff 88#: 192/66/4531 The above named patient is being treated by me for fibromyalgia, not for depression. . Respectfully, ;r'~ C(' ~ ~-r.~ Katherine A. Gallagher, M,D, KAG/cjh Note originally faxed 08/11/03 . '132- ~.3 ~'> Credit Life Claims Depart~ent 7045 College Bvulevard Overland Pa=~, KS 66211 PINNACLE HEALTH Fam;\y ~led'cine ;;. Cen! er ~ Ofru'rlliU /.~:--.....//.:;: ", ~~~_.~':~'~> '(;;; .., 0- Dj October 3, 2003 RE: Sonya S. Fet:erho~f Dear Vic:<i, My patie~", Sonya Fettertoff has been unde= the care of a neurologist for ficro~'algia sihce March 7. 20Cl. She has been on multiple medications, exercise prog=a~s. an~ weight loss programs, all to no avail. . The person w~o has been treating her fibromyalgia is F=ancis J. ~antbn III, M.D., at Pennsylvania Neurological Associates, Ltd. in the Harrisview Professional Center. lCe Lowther Street. Lemoyne, PA, 17U43. If you need 5?eclfic information about her fibromyalgia conditio~, this would be tee doctor that you wou:d need to contact. Addi"ionally, I last saw Sonya on 9/26/03 and suggested that we send her to a chronic pain specialist, Dr. Chao Sincerely, ~~ ..#1 . J41 r1 Katherine Gallag~=, M.~. 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Bv~ blI/OW. r........ ~...".,......IIW. ==e.:.~;~:~.-:=:tY...TrlY:t'..~u.;;:,,~..,:.meon...dd. lturhf STATEMENTS IN 7HIS APPI..lCAllOH WIll NOT BE USED IN A CONTEST UN\.ESS .AU APPROPRIATE SPACES ARE COMPLETED AI<<) THE APPLICA TtON SIGNED BV YOU [IA TED AND WITNeSSED. 00 NOT SKiN lHIS .4PPUCAT!OH ~NY SP~ES APPl.lCJ\BLE TO TH BORROWER EL COVERAGE AND TO THE COVER~ ~~~~ ~_.' "'Ii.::'M' ~;. FORMN7An!oW7l fORM 8tT (-4N1) ....LE ......... GROUP CMDfTUFE4IID....HJn' CER'lW'tCATE Q~DleRUStNO~ " f<<:L.UDINQ TOTAL AND I"ERUAN!NT DISAK.nY IDlEm HaMF .-;~-; COf'Y ._~..---- A_ DEl'OSmON ., 1-~f1if q). 0Lf- I..-/<.I-/ . '--,,'"",,;...,- ._, '.,.... ." ___.1' , . "'~'._. '; . ... '" ....,.- '-. ."~,-".~ '." .."..~ ~) PINNAClEHEALTH ~ Family Medicine Center <4076 Market Steel CampHI.PA 17011 ~l~ 1J15.9800 Patient Name: 5 ~ c:.....~~tr6 Social Security #: I q l. - (f(.P- f.{.> 3 ) Birthdate: Q/ld1:J,--. DEPOsmON EXHIBIT ~ aJ laal4> r .S q/d.3/o4 LKH . 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'-- \ . .d . ,,,/}'/ ::: ,7 f{j......f. i:'J-;'y, iS~ 0" ~~ (6...) t/. r 1.Ir'"l..---- ..-J l) r l'if.( q4 i?T' . ~ Y' J 1'"'1 ~ bi ~~ r.Q InL 'U S;,:",.~./" .h~;/' hj '2../ ~,...,{ r":" ~ On./ L~,s.::; i ~ IV OIL I qt,lj 1- f"fX (Pt I~ ~n~Viorl ~'ll .C.. "",,-. Ill' 1..j' ~! . OfCampHilJ VITAL SIGNS FLOW SHEET Form 93:.i.~-12 (8J9B) . BP/arm Pulse Rasp. Visioll/Note Initials ~ Height Weight Temp PCP Nur.;, L t5 ~,O c;:., 1/ Ii I tf1'), A k1 ,,~ v 't(,1, bJ-"rr ~ L6 Chnl1/tl.. cl. rf;:' t, Ui'l.~ I'{~ I/~ I I' v , ~ i' ~ ~..... -- .. - >S. ~~ . . '. - . -", . . . - -'~ . . .' '. '. . . .' .. . . . ., . ." . . . .' . . . . '. . , .,. . .'. .; '.' . . . . ." . . . i . '. '.' . .,' . .....:. . , 1-:;:. . -. . .' '. -' , ,; . . '., .... I'., . . . ',' . I\L. . . .'. '. .~".. .., ..:.. . :;,' .' .-, . .:, ". [' . '. . . [. ..' . . r... '---.--t I 4'> PINNACLE HEALTH -4076 MIIMt Steel Pmiern Name: c51JIV'i..ib 7t-YUhJ!; Camp HI, PA 17Cm Family Medicine l71n 975-9800 Center O/Cflmp Hill Social Security #: VITAL SIGNS FLOW SHEET Birthdme: Form 9324-12 (at98) lENT IDENTIFICATION NARRATIVE PROGRESS NOTES ~9JlfV /l h--rlL::L JJfJl/ I PAGE FILE NO (1('; /vi 1.-^' V " y; \ IJ, j 1,1 i! IYi I J n. I I f ^ I _" 7 1.J rJI..-A IA I A c:; A j /l. !,,^ ~;1 f IIt'\I /"Ie. k Il, 1)"" Ii{\) I'Y/V'I' 11I1,/)77 j,.AI, IlL-. I l- f, fu t 11i\ l(, 1 ~. _,: -0 4 f;;(:./1 7/; 1 UJ~ b ,!J, /' /j U /..1 l 1/'111 JQI tJ'Z J- fA (I j, ~ fI f', ^ /d./.)? hd /"\ /'IIA'l./J \' 'n..J. !liJunJ;tr ,I iLU~AfL' /'JIJ ().O nJOJJtI.rJ1~ I-I~ ~/.4--- _.~ It DI.rIj" lJ:l 1 I~ f-L. 'I~J_, AJ rHJ... /1 V. 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I Patient: . ~ f' . - ~~ oJo t)\("t>.U., ,~iv TIME: 3',50 Dr's Reply: s URGENT 0 ~ ~I L \(J rl~ \ ,<<" ~fUl ( Staff Member's Initials:~ ' Fonn 84 (8196) Action Taken by Staff Member: Returned Call Called in RX . . .. SCheduled~t. Staff ~~~s: \\'O-s.60 Vrr- Date: ~.q '0 ~ TIme: Dr. 1e.G- -'or- c..P Caller: s..,a."",~ G I \ , ~.,...,c~ Telephone #: Ls,"\l. %'4ct. Patient: ~. . .Cheduled for: c.. '>' 11.00 'Dr.'s Reply: APprovMe':::tr --- on ~- \\0';:' at/with ~ Insurance: Vb Q:, \-\ ..., Q:, L. ~ PI Staff Initials: <S't-\ Ref Done: Date: Staff Initials: Diagnosis: 7. Additional Notes: 9324-85 (Rev 10197) --- Form 1009 DATE NARRATIVE PROGRESS NOTES PATIENT IDENTIFICATION . PAGE FILE NO. COMMENTS PRES RIPTI . ;dg~ OL N CALL-IN FORM Dale of Birth I SS II Phone II / / 09'>-8<texo Phannacy Name I Phone f . D-.: r+- <0 . Medication 1 \JIN;r-y 2 3 4 Stre~~t c2~ I SIG 'I ao AMT Refills 36 J- Date / / TIIII9 a.m. p.1II. pcp Signature "- Message Taken By w:: Form 504&-2e (Rev. 11981 \TIENT IDENTIFICATION NARRATIVE PROGRESS NOTES DATE: L1 . I ~ . ~ Dr. \(-0 caller:~' , T'.phooo~I~~, Patient: "'" 00 1m ~.1I"9' .- ~ TIME: JO', ) 5 . ;' S URGENT 0 )L Staff Member's Initials: ~ Form 84 (at96) :wmlO(); PAGE FILE NO. , \.^-vJP ~11 Action Taken by Staff Member: Retumed Call Tl"7- Called in RX ~ Scheduled Appt. Staff Member's Initials:NA. ,\(/J'= . 'J L\\tb\ _ lENT IDENTIFICATION . DATE . NARRATIVE PROGRESS NOTES PAGE FILE NO. Refills 1 2 3 4 -:: ~ ~"~~ 1/~ [t~y \\~?5\.. Pharmacist I CompleledBy Form 5048-28 (Rev. 1188) . ,1"(7/;;/. .I) 1/(1. /l}J t.Ih,7 A,,, (/,al Tl 1 ~ 1AA1J..liJl) ('//-11,0 -T~.../, Tn..?/\ /'Y1, 7~ ~Al. /Vo/1- ) ,~ ",) " / dA/}- 1/1/ ./.fl j't ~ /J7~ / I ~ / '^ A...., ~ /vlfJ't" d. ,h I 'd - .. >1'0 ~rlq L.J-/L..' Ii, /,,-/;-,,,, ,.1Y~(/l '/. ,.'~() IJ';;""'./JJV! """fl"lff. /,,d J -IJI',plf,- 'J?I -,~>!') 1 ',-oLA t177/JJ II ?iil J VJ.Jj " Va ~h.'",/;\ tJj / fy, 'F)}.1' ()/wr- . \.~" /h 1', An Ii fa/J-&, /J/,j/ j, ./.t'h r~'n Vlj'r~ I" / / .., d /) 1: I~# h ~II,1M',rJ7;;Ij)U h ()I~ f);:;",.J-.1. ~ /f /If\ /III, ':t,j'rJ,7:f!j,',j,,,,, ~/.Jti)J f~ I,';'/! - 'Ii ft I, /"/ix>.J J /"" "II n o jl"',,, " fY//l11h/J//AP (/ff",.1f- ('ttJ'f C) '/ A J t- -P fJ.' r/, 5.-# J./)'/IJ rI/l i /. ~ / /h., '-" " /1 Il-\'~ l"A'II'/1.lIp -/ I / ~ ell ,hdJ, (Jill '15M'" - I..fM........ P IJ I J~ IA J V ..- V lIJ 11\.l\iJ ~/Il !hi !/7h< --- . ~ LJ ,( ;TiZiJ ft>lCJ (~L-- 6!o.<-1 i( viP j,'uiJ!ftP Form 1009 ~ PRESCRIPTION CA L-IN FORM Date of Birth / SS # PhOll6 , / / ma N SOOt WJO~ Date -- /\Mffition t~ ~ ]A I~}/, 3 4 \~1 Stren~ T fi t... SIG ...".# Do (.lIJ,L / 7 AMT 30 Message uen Date / J;J.(J{}.. li /t1L---. =- ~ - Time: q 0.0 Date: 6.'1..0 6t - Dr. Caller: ~~ ~ T'\. ...hL~ Telephone #: (~c.,'\, - ~oc.... Patient: ~ - Scheduled for: C $ T Dr.'s Reply: on <5. 2;JO ,u <>> at/With "1'Y ~""c1'\, Diagnosis: '7. Additional Notes: Insurance: l ")>-.r\. c, Staff Initials: <3\-1 Ref Done: Date: Staff Initials: ,x - '\ ~ ~ 93;:4-85 (Rev 10/97) S1.N3WWOO 31.VO 'ON311:l 39'v'd S3.10N SS31::1~Ol::ld 3^I.1VI::II::IVN NOI1.VOI:lI1.N3QI1.N311.'v'd . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SONYA S. STEVEN M. FETTERHOFF and FETTERHOFF, Plaintiffs vs. No. 04-303 UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED Deposition of: KATHLEEN POLLOCK Taken by Defendant Date Augu[,t 12, 2005; 10:10 a.m. . Place 320E Market Street Harrisburg, Pennsylvania Before Susan D. Kashmere, RPR Reporter - Notary Public For - Plaintiffs r:-) ....., C~ () ,.-- c_~ '.-11 ,~,." '-- .-f I ~h_ ,T1 I W (~) .. c..... , ~;J .-( '<..0 , APPEARANCES: O'BRIEN, BARIC & SCHERER By: ROBERT L. O'BRIEN, ESQ. GOLDBERG KATZMAN By: THOMAS E. BRENNER, ESQ. For - Defendant ALSO PRESENT: . SONYA S. FETTERHOFF STEVEN M. FETTERHOFF FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-062.3 York 717-845-6418 PA 1-800-233-9327 2 . I N D E X WITNESS KATHLEEN POLLOCK Examination By Mr. Brenner 3 By Mr. O'Brien 28 EXHIBITE, Smith Deposition Exhibit Numbers Paqe 1 Narrative Progress Notes, two pages 32 2 Typewritten and handwritten notes 34 3 Letter dated March 7, 2001, Dr. Janton to Kathy Pollock, NP 35 . . FiLIUS & McLUCAS REPORTING SERVICE, LNC. Harrisburg 717~236-0623 York 717-845-6418 PA 1-800-233+9327 . 1 2 3 4 5 6 7 8 9 10 3 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, filing, and certification are hereby waived; and that all objections, except as to the form of the question, are reserved to the time of trial. KATHLEEN POLLOCK, called as a witness, being duly sworn, testified as follows: EXAMINATION 11 BY MR. BRENNER: . . 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Q. Could you state your name, please, for the record? Kathleen Pollock, P-o-l-l-o-c-k. Kathleen, what's your present home address? 7725 Avondale, A-v-o-n-d-a-l-e, Terrace. That's in Harrisburg? Harrisburg, 17112. We may need to contact you in the future about this and I'm just going to ask for a phone number that we can have just to make it easier to contact you if necessary. 652-2263. Kathy, my name is Tom Brenner. I represent the interests of Universal Underwriters Life FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-64]'8 PA 1-800-233-9327 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A. 19 Q. 20 21 22 23 24 25 . . Exam./Brenner - Pollock 4 Insurance Company. We're here today with regard to a claim for benefits on a disability policy. And the reason we've asked you in is some questions have arisen about the medical records and medical background of the claimant, a Sonya Fetterhoff. And we understand after much searching, which I understand probably wasn't necessary, but there was some confusion, that you may have been one of the medical practitioners that worked with Sonya for a period of time. So I'm going to, after a little bit of background, focus specifically on your interaction with Sonya and we'll provide some medical records from her file to hopefully refresh your recollection a little bit. Okay. In terms of directions, if I ask you something that you don't know or Rob does that you don't know or don't remember, tell us that. We don't want you to guess. We're going to make a record here that we may be able to use In court at some point and the goal is to try and get the information as you recall it and maybe FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717~845-6418 PA 1-800-23.'l-9327 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. Exam./Brenner - Pollock 5 looking at the records refresh your recollection. Do you understand that direction? Yes, I do. And the other thing you're doing very well on, the young lady to your left is making a record for us here today. It's important that the answers and questions be audible and oral so she can take something down. Please answer the questions with a yes or no or some explanation. All right? Okay. You are a witness in this matter. You have the option of reviewing the transcript for its accuracy. I've known Sue for a number of years. She does a very good job with what she does. But in terms of accuracy, to make sure there's not a misspelling or something of that sort, you have the option of reviewing the transcript. when we finish, before we adjourn we're going to ask you if you want to do that or if you want to waive that. I can tell you, as I said earlier, from experience, she does a good job at what she does and take that into FILIUS & McLUCAS REPORTING' SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . . . 1 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. 7 Q. 8 A. 9 Q. A. Q. A. Q. A. Q. A. Q. Exam./Brenner - Pollock 6 consideration when you make that decision. All right? Okay. A little bit more about your background. Are you currently employed? Yes, I am. And where do you work? I work for Harrisburg School District. What's your position with Harrisburg School District? I am a certified school nurse/certified registered nurse practitioner. How long have you been with the Harrisburg School District? I've been with them since October of 2002. Prior to working for the Harrisburg School District were you employed with the pinnacle Health System? Yes, I was until June 14th of 2002. And during your time with pinnacle Health did you work in a family practice office in Camp Hill for a period of that time? Yes, I did. What was your position with the family practice office in Camp Hill for pinnacle Health? FILIUS & McLUCAS REPORTING' SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . . . 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. 5 6 7 8 Q. 9 A. Q. A. Q. A. Q. A. Q. A. Exam./Brenner - Pollock 7 I was a nurse practitioner. What were your duties generally as a nurse practitioner? Acute care. Some patients I saw on a regular basis, but mostly it was acute care, sore throats, earaches, chest colds, things like that. In terms of your seeing oatients for Pinnacle there, would patients come in and just see you as opposed to seeing you and a physician, also? At the same time? Yes. They would just see me. Would there be occasions when someone was with you and, based on what you were seeing, you would want them to consult with a doctor before they left the office? If I needed to consult with a doctor, usually I would go out and get the doctor to come In. Your educational background. High school graduate I assume? Yes, from Collingswood High School in New Jersey. How about post high school education? I graduated from the Medical College of FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-64J1S PA 1-800-233-9327 . 1 2 3 4 5 6 7 Q. 8 9 A. 10 Q. 11 12 A. 13 Q. 14 A. 15 Q. 16 A. 17 Q. 18 19 20 21 22 23 24 25 . . Exam./Brenner Pollock 8 Pennsylvania in 1973. I graduated from Millersville University in 1991 with a bachelor's in nursing. And then I attended widener and graduated from there in 1999 with a family nurse practitioner certification and a master's in nursing. For what period of time did you work with pinnacle Health? From December, 1999 until June of 2002. Do you recall a patient by the name of Sonya Fetterhoff? Yes, I do. And do you recognize her? Yes, I do. Seated across the table from you at this point? Yes. I think to make things flow a little better I've made copies of some exhibits we used in an earlier deposition. I'm going to hand a set across the table to you, Kathy. And if we can focus on these for a few moments I think it will focus the question. The first document that I've passed over to you was marked as Exhibit 4 from a deposition of a Dr. Kathryn Gallagher that was FILIUS & McLUCAS REPORTING' SERVICE, INC. Harrisburg 717-236-0623 York 717-845~6418 PA 1-800-233-9327 . . . 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 6 7 8 A. Exam./Brenner 9 9 Q. Pollock taken in this matter. I'll identify it for the A. Q. A. Q. A. transcript. It's a copy of an application submitted to Universal Underwriters Life Insurance Company by Sonya and Steven Fetterhoff for a disability policy. Did you ever see this application that you recall? Not that I recall. It's our understanding that it was submitted in July of 2002. Do you have any recollection of ever discussing the completion of an application form with Ms. Fetterhoff in the time frame of spring 2000, summer 2002? No, but I left the practice in the middle of June. Right. if this is dated it looks So as of like July 26 on the bottom, you would no longer have been in practice with Pinnacle Health as of that time. Is that correct? That's right. Directing your attention then to the second document that we've copied. It's a two-page document that was marked earlier as Gallagher 5 . Do you have that in front of you? Yes, I do. FILIUS & McLUCAS REPORTING, SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 . 24 25 1 Q. Exam./Brenner Pollock 10 Do you recognize this document? Yes, it's a flow sheet that we used at the practice when patients come in. So you look on 2 A. their health chart before going in to see them. You can see why they're there. Directing your attention I'm going to say about halfway down the page. I'm going to start with 3 4 5 6 Q. the dates for 2002. It looks like a January 7 8 9 A. Q. A. Q. A. Q. A. 14th, 2002 date, the left-hand column. We continue across. Toward the right-hand side there are columns marked at the top initials, PCP, and it looks like KP in that column. Right. What does PCP stand for? Primary care provider. And the KP, would that have been you? That's me. When a person would come to the pinnacle Health office then, the person who saw them would put the initials typically in that PCP column? What would happen is they would get the medical assistant and let her know that the patient was in. The medical assistant would bring the patient back, do a weight and a height, go back into the room and do the blood pressure and FILIUS & McLUCAS REPORTING' SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . . . 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 Q. 6 7 8 9 A. Q. A. Q. A. Q. A. Exam./Brenner Pollock 11 everything and then she would put down what we were seeing the patient for and the medical assistant would put down my initials and then she would put her initials next to them. So, for example, in this January 14th, KP is in the PCP column and there's it looks like CD in the nurse column. would that be the assistant that would That would be the medical assistant that took Mrs. Fetterhoff back to the exam room. Okay. If there was a visit when you consulted with a physician on staff for whatever reason, someone like Ms. Fetterhoff was there, would the column reflect not only KP, but also a doctor's initials, too? No. If there was a consult with a physician as part of the medical visit, would that be reflected in the chart? Yes. So in addition to referencing your name on the chart at some place, it may reflect consulted with Dr. Gallagher or something like that. Is that correct? Yes. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-64]'8 PA 1-800-233-9327 . 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 . 24 25 1 Q. 2 3 4 5 6 A. 7 Q. 8 9 A. Q. A. Q. A. Q. Exam./Brenner - Pollock 12 And looking at the visits from January through May of 2002, it appears there's six visits there if I count correctly. It looks like you were involved in all of those visits because I see KP in that first column. Is that correct? Yes. Directing your attention then to what we've marked as Exhibit 6 from the earlier deposition. I think it's six pages of records that were copied from the Pinnacle chart for Sonya Fetterhoff. The first page shows a date in the upper left corner of January 14th of 2002. Do you have that in front of you? Yes, I do. The handwriting that appears on that chart note, whose handwriting is that? That is mine. That is yours, okay. And I see at the end of the chart note for January 14th, 2002, K. Pollock, CRNP. That's you? That's me. You write well, but some of the words we've had trouble trying to decipher. And I hate to do this to you and to Sue, but I think it will be FILIUS & McLUCAS REPORTING: SERVICE, INC. Harrisburg 717-236-0623 York 717-845-64]8 PA 1-800-233-9327 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Exam./Brenner - Pollock 13 helpful for us in the long Could you run. slowly read the chart note so that she can transcribe it's so we have it for future use for January 14th, 2002? Okay. US" is for subjective and it's fibromyalgia is bothering her, was using vioxx and amitriptyline for it from Dr. Crimmel and was working well until about six weeks ago. Work has also been very stressful recently. Not allowed to take time off since she is the only one who can do her job. So she needs a doctor's note to be off, not sleeping well. "0" is for objective. Well nourished/developed adult female in no acute distress. HEENT is She is weepy and upset. unremarkable. Chest CTA, which is clear to auscultation. Heart RRR, which is regular rate and rhythm, without extra systole or murmur. CN, which is cranial nerves, two through 12 intact. No sensory or motor deficit. Next we have it looks like an A? IIA" is assessment. And it's depression and fibromyalgia. 11 p'l is pIa n . We plan to continue with her Vioxx, 25 milligrams, increase the Elavil to 50 milligrams and we're FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-64]'8 PA 1-800-233-.9327 . 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 . 24 25 1 2 3 4 5 6 7 Q. Exam./Brenner - Pollock 14 going to recheck in one week. She will get an 8 9 A. Q. A. Q. A, Q. A. appointment with her specialist to evaluate her fibromyalgia, a work note for one week, and then we did a CBC, a CMP and a TSH, which is a complete blood count, a complete metabollic panel and a thyroid stimulating hormone check. Based upon your review of that note, did you consult with any other person on the medical staff when you saw Sonya on January 14th of 2002? No, I did not. Now, the medications that she was taking, the vioxx and the Elavil, do you know why she was taking them at that time? The Elavil was for depression and the vioxx was for pain. It's a similar medication to Celebrex. How do you know that she was taking the vioxx for pain? I don't. Okay, better question maybe. Do you know who prescribed Vioxx for her or directed her to take vioxx for pain? Let me just peek back here and see if I have anything. No. FILIUS [, McLUCAS REPORTING' SERVICE. INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233~9327 . 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 . 24 25 1 Q. 2 3 A. 4 Q. 5 6 7 8 A. 9 Q. A. Q. A. Q. Exam./Brenner - Pollock 15 How about the Elavil, do you know who directed her to take Elavil? No, I do not. Now, the "A" portion of the note, the assessment, depression and fibromyalgia, do you talk to Sonya when she's there to tell her what your assessment of her is? Yes, I do. Would the words fibromyalgia and depression have been used in conversation with her as you told her what your assessment was on January 14th of 2002? Yes. When she leaves the pinnacle office on January 14th, 2002, does she take any type of medical directions or form or anything of that sort with her at that point for any purpose? Since I have that we would get an appointment with her specialist, she would probably have taken a referral slip for her specialist or she would have been told that they would call -- the referral person would call her with that. Directing your attention then to January the 21st of 2002. Again, look at the bottom of that note. It appears to be your name. Is FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . . . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 A. Exam./Brenner - Pollock 16 that correct? Yes, it is. And referring back to what we marked as Exhibit 5 from the earlier deposition. Again, it 3 Q. reflects KP in the initials column. That would 4 5 6 7 A. be you. Is that correct? 8 Q. That is me. Again, so we have it for the record, can you read the note in so we can follow what's there, please? CC, which is chief complaint, follow up. Subjective: Went to see a neurologist and he 9 A. placed her on nortriptyline. He suggested that she do one-half days only for a while and this is what is our plan. Dr. Jansen, which I'm not sure if he's Jansen or Janton, is to send a letter to me regarding accommodations needed for Sonya. The objective was we did no exam today, but she does look more rested. The assessment was also that I repeated the assessment from the top, that it was the fibromyalgia and the depression and the plan was to see Dr. Jansen in six weeks. And I have the, but I meant then follow up with me. SO WE' did an FBS, fasting FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233~9327 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q, A. Exam./Brenner - Pollock 17 blood sugar, and a hemoglobin A1C. In terms of discussions with her that day, your assessment of fibromyalgia and depression, would you have talked with her about that being your assessment when you saw her that day? Possibly not since we had discussed it the week before. Other than these chart notes, would there be any other notes or records, to your knowledge, that would exist for a visit of Sonya on January 14th or January 21st of 2002 to the pinnacle Health office? Not that I would know of. In terms of appointments, if somebody calls to make an appointment or arrange to come in, is there like a computer program where appointments are kept? Yes. Do the computer programs record at all diagnosis, medical problems, reason for coming, anything of that sort? From what I know, I know I would get a printout copy every morning of what my morning schedule was and then in the afternoon I would get an afternoon schedule. And sometimes that would FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236~0623 York 717-845-6418 PA 1-800-233-9.127 . . . 1 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. 7 8 9 Q. A. Q. A. Q. A. Q. A. Exam./Brenner - Pollock 18 be changed, but I believe that came from the printer that was connected to the computer. Would the schedule just reflect like 2 o'clock Mrs. Jones, 2:30 Mrs. Smith or would it have something more than that? It would have a one or two word mini idea of what she was coming in for, such as migraine or sprained ankle. What was done with your day schedules, if you will, after you completed a day? I threw them in the trash. Fair enough. The second page of what was marked as Exhibit 6, at the top it looks like a telephone message dated January the 24th of 2002. Did you, to your recollection, interact with Sonya in responding to a telephone call? I had my medical assistant call her with the labs. And according to this, it says she left a message for her to call back at 9:15 a.m.. who is your medical assistant that would have left that message? At this point in time I couldn't tell you. There's staff initials on the note at the top left there, it looks like S something E. Well, that would be the person who took the FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-2.13-9327 . . . 1 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. 7 8 9 A. Exam.!Brenner - Pollock 19 message at the phone. Okay. Like a receptionist type person? Q. A. Q. Right. It looks like it might be a CD, but I have no idea at this point. It's been so long since I've been there. How about the note in the middle of that page then that has a 3/8/02 in the left corner, lS that, again, a telephone message? Yes. And this was she wanted to have a schedule for a CNT, which is consult and treat, by Dr. Jansen, the neurologist. And because of I assume insurance issues, in order to have a consult with another physician was there a requirement that your office make a phone call to somebody in terms of getting the proper procedural steps done to have that other visit? Yes, Directing your attention then to the bottom of the second page of what we marked as Exhibit 6. This appears to be a note for a visit on March 11th of 2002. And, again, checking back on the chart summary that was Exhibit 5, it looks like KP was involved in the visit that day. Again, that would be you? FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-23.1-9327 . . . 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. 8 9 A. Q. A. Q. Exam,/Brenner - Pollock 20 That is me. And looking at the writing here, is that your writing? That is my writing. Could you go through, and, in fact, I think the note continues onto the top of the third page, could you go through that, please, and read that for the record? She saw Dr. Jansen today and was put on Pamelor at bedtime. He also wants her to continue with a five to six-hour workday. He wants her to lose weight and she has lost 18 pounds in the past year. Doing well on the nortriptyline. She is increased to 50 milligrams to help her with sleep. He will follow up in two months. The HA1C and the FBS were great and patient is aware of this, more rested. And we did not do an exam that day. And we used the same assessment as depression and fibromyalgia. And for the plan I said follow up as needed, appointment with neuro in two months. And neuro would be -- Dr. Jansen at the neurology. In terms of a visit on March 11th, 2002, your assessment of depression and fibromyalgia, FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-2.13~9327 . . . 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. 5 Q. 6 7 8 A. 9 Q. A. Q. A. Q. Exam./Brenner - Pollock 21 would that assessment have been discussed with Mrs. Fetterhoff? Possibly not because it was a continuing, ongoing problem that we were seeing her for. Do you have any recollection as you sit here today whether you did or did not discuss your assessment of her in March of 2002? I have no recollection. We're now on to the fourth page -- I'm sorry, the third page of the records that were marked as Exhibit 6 and the assessment and plan that you just referred to from March 11th was the top portion of that page. Is that correct? Yes. Now, the middle of that page looks like a prescription form of some sort. What is that? This is a prescription call-in form. When a patient needs a refill on medication they can call the prescription line and then one of the doctors or nurse practitioners will refill it for them. This appears to be filled by Dr, Long. Directing your attention then to the bottom of that third page of the Exhibit 6, which the note actually runs onto the top of the next FILIUS & McLUCAS REPORTING SERVTCE, INC. Harrisburg 717-236-0623 York 717-84.';-6418 PA 1-800-233-9327 . . . 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. 8 9 A. Exam./Brenner - Pollock 22 page. This appears to be notes from an office Q. A. visit for April 15th, 2002. Again, is that your writing? Yes, it is. And when we look to the top of what is the fourth page of Exhibit 6, the signature at the end of the note, that's your signature. Is that correct? Yes, it is. Again, to help us on this, could you please read the note into the record for April 15th, 2002? Her chief complaint is fibromyalgia. The subjective is, has been sore all weekend, began with Vioxx, 25 milligrams, one daily on Friday, which was 4/12/02. Refilled the prescription, which is designated up at the top, feeling sick, nauseous, no vomiting or diarrhea, no respiratory symptoms, no fever, has been in bed all weekend, more stress noted at work, has been working two full days per week instead of the one-half day Dr. Jansen and I have requested. The objective, well-nourished, developed female, in no acute distress, HEENT is FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Exam./Brenner - Pollock 23 unremarkable. Chest CTA, heart regular rate rhythm without extra systole or murmur, abdomen soft, nontender, nondistended, positive bowel sounds, negative murmur or bruit, b-r-u-i-t, crying, weeping at this time. And the assessment was depression, fibromyalgia and gastroenteritis. The plan was no work today. She was co rest. She was to contact Dr. Jansen regarding the work situation and follow up with me in one month. On April the 15th, 2002 did you discuss with Mrs. Fetterhoff the three assessments, depression, fibromyalgia and gastroenteritis? I honestly cannot remember. It's been three years now. The middle of this, which is Page 4 of Exhibit 6, there appears to be a telephone note of some sort there dated April 18th, 2002. Do you know what that is? She called at 10:15 in the morning and it was for -- she wanted to discuss her fibromyalgia and please call. So we did call. As to whether I talked with fibromyalgia, I don't remember, but she did say that she had tongue ulcers and she wanted a prescription for it. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . 1 2 3 4 5 6 Q. 7 8 9 10 11 A. 12 Q. 13 14 15 A. 16 Q. 17 18 A. 19 20 21 22 23 24 25 . . Exam./Brenner - Pollock 24 So we tried Aphthasol paste, which lS A-p-h-t-h-a-s-o-l paste. And it was to be applied one quarter inch to each ulcer four times a day until the ulcer healed. And we gave her 5 grams with one refill. At the bottom of the fourth page of Gallagher Exhibit 6 is another note dated 4/22 of '02. And looking at the chart, there is reference to an office visit on that date with KP being the person who saw her. Again, would that be you? Yes. And looking at the top of what is Page 5 of Exhibit 6, is that the conclusion of the note for April 22nd, 2002 reflecting your signature? Yes, it is. Again, could you please read the note for April 22nd, 2002 into the record? Her chief complaint were ulcers on either side of her tongue for four days. And the subjective, has ulcers on tongue for the past four days, insurance did not cover the Aphthasol paste, so we will need to try something else. Ulcers are nowhere else in her mouth at this time. The objective was well-nourished, FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . 1 2 3 4 5 6 7 8 9 10 11 Q. 12 13 14 15 16 A. 17 Q. 18 19 20 21 22 A. 23 Q. 24 25 A. . . Exam./Brenner - Pollock 25 developed adult female in no acute distress, has several ulcers on either side of her tongue which are very sore looking. And the assessment was aphthous ulcers on her tongue. So the plan was tetracycline, 500 milligrams, and was to place the contents of the capsule in two to three teaspoons of water, swoosh in mouth and spit out four times a day for ten days and we were to follow up as needed. We're on to Page 5 of what was Gallagher Exhibit 6. There is a prescription form in the middle or the top middle of that page. Is this for the tetracycline that you just discussed to be used for the mouth ulcers? Yes, it is. At the bottom of Page 5 of Gallagher 6 is another office note. This begins with a reference of May 12th, 2002. At the lower right portion of that page I see a name. Again, is that you? Yes, it is. Could you for the record please read the May 12th, 2002 note for us? Chief complaint is not feeling well. FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Q. 20 A. 21 Q. 22 23 24 25 A. . . Exam./Brenner - Pollock 26 Subjective: Achy all the time, sees Dr. Jansen next Monday, work is hectic, mouth ulcers are better, has job interview this Wednesday at a new employer, only working half days, feeling tired, all she wants to do is sleep, is taking nortriptyline for depression. Objective: Well-nourished, developed adult female in no acute distress. HEENT is unremarkable. Nose is boggy with clear discharge. Chest CTA, heart regular rate rhythm without extra systole or murmur. We put down that it was allergies for the assessment with fatigue and depression. The plan was to do a CBC, which is a complete blood count, a CMP, which is a complete metabolic panel, a follow-up with Dr. Jansen on Monday and Claritin, 5 milligrams, one tablet daily or Clarinex I should say, What would Clarinex be fer? For allergies. In terms of the assessment, allergies, fatigue, depression, would those subjects have been discussed with Mrs. Fetterhoff as part of that visit? I would believe I did. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717.845-6418 PA 1-800-233-9327 . . . 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. 5 6 7 8 A. 9 Q. A. Q. A. Q. A. Exam./Brenner - Pollock 27 The records do not reflect that you had subsequent interaction with Ms. Fetterhoff from May 12th of 2002 through the time that you left the practice I think you said ln the middle of June of 2002. AS you sit here today do you recall any further interaction with her? Other than signing for this consult and treatment on the 17th with Dr. Jansen, no. And let's look at the last page then of what was Gallagher 6. Page 6 at the top there's a prescription call in. That would be for the allergy medication that you referenced in the earlier note. Is that correct? Yes, it is. And then in order for her to have the Dr. Jansen visit, the process of a referral had to occur in order for her to have that visit. Is that correct? Yes. Do you recall any discussion with Sonya at that time or was it just a matter of making a phone call to go through the steps needed to set up the referral? More than likely I only saw this card, circled FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233~9327 . . 1 2 4 10 11 12 13 14 15 16 17 Q. 3 5 6 7 A. Exam./Brenner - Pollock 28 it and gave it to the referral person. And lS that the way the procedure works, once one of the medical providers indicates that a referral should take place, then someone else on staff makes the phone call to set up the appointment? Yes. Did you have any other professional interaction as a medical provider with Mrs. Fetterhoff after the visit in May and the completion of the referral card it looks like it's May 17th of 2002? Not that I can recall. MR. BRENNER: That's all the questions I 8 Q. haver ma'am. Mr. O'Brien may have some 9 A. questions for you. EXAMINATION 18 BY MR. O'BRIEN: 19 Q. Do you have a copy of her entire chart there or . 20 21 22 23 24 25 A. Q. A. just what Mr. Brenner had given you? Just what I was given. Referring to the flow chart, when does that show that you first were involved with seeing Sonya? The 23rd of January ln 2001. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . . . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Q. 2 3 4 A. 5 6 7 8 9 Q. A. Q. A. Q. A. Q. Exam./O'Brien - Pollock 29 Do you have any recollection independent of the records as to when the fibromyalgia diagnosis was made? The only thing I can tell you was on the paper, the first page I was given, it says 12/5/2000 she had called Dr. Crimmel, C-r-i-m-m-e-l, and said that the amitriptyline and Vioxx seemed to be working well and the doctor's reply was, great, copy the fibromyalgia patient education handout and send it to her with a note stating I want her to have it. And that's signed EMC, 12/5/00. Do you independently recall making a request to Dr. Jansen to do an evaluation for fibromyalgia? When I got involved the diagnosis had already been made and Dr. Jansen was already involved. That is a photocopy from the medical records and that appears to be a letter that was addressed to you from Dr, Janton. Yes, it is. And what is the date on that letter to you? March 7th, 2001. And what is the introductory language ln the first paragraph there? FILIUS & McLUCAS REPORTING SERVICE, me. Harrisburg 717-236-0623 York 717-845-6418 PA 1~800-233-9327 . 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 . 24 25 1 A. 2 3 4 5 6 7 Q. 8 9 A. Q. A. Q. A. Q. A. Exam./O'Brien - Pollock 30 Well, it says Dr. Pollock. Thank you for referring Sonya Fetterhoff for neurologic consultation. As you know, she lS a 28-year-old, right-handed lady with fibromyalgia who is being evaluated regarding leg numbness. And so as early as 2001 that would indicate that you had corresponded with Dr. Janton about her fibromyalgia? I had referred her for evaluation and treatment due to her right thigh numbness that I saw her for on the 30th of January, 2001. 30th of January of 2001. I'm looking on the flow chart there and that would probably be the second time that you saw her? That was the second time I saw her. And just seven days earlier she had seen you and that note would show that she had numbness in her knee? Right. So is it possible that you were the one that contacted Dr. Janton just to confirm that fibromyalgia was a possibility or are you certain that that had already been diagnosed? From the notes I'm seeing here, it appeared it FlLIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . . . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 Q. 4 5 6 7 A. 8 9 Q. A. Q. A. Q. A. Q. A. Q. Exam./O'Brien - Pollock 31 had already been diagnosed, but I can't tell you a hundred percent. Well, would it be common for you to refer a patient to a specialist and receive a letter back such as that if there was no question ln your mind that it was fi~romyalgia? Well, he's telling me that, as I know, she's being evaluated. What I can tell you is what I referred her for was the thigh numbness. I didn't refer her for the fibromyalgia. In reference to the earlier note that you had said to give her a copy of the information on fibromyalgia, was that commonly done? I don't know how Dr. Crimmel worked it and she is the one who sent the copy. In your professional practice do you see people with fibromyalgia on a regular basis? Once in a great while. And how is the diagnosis of fibromyalgia arrived at? It is normally a diagnosis of exclusion. The neurologist will go through other And rule out everything else? Rule out everything else. There's no objective test that can be done to FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1~800-233-9327 . . 1 2 3 4 10 11 12 13 14 15 16 17 A. Q. 5 6 7 A. Exam./O'Brien - Pollock 32 say this person has fibromyalgia? Well, since I'm not a neurologist I really can't tell you about it. And your background then in fibromyalgia lS based on literature and training that you've received? Um-hum. And from referring to the neurologist 8 9 Q. when I think they need to be referred. The reference to, in Mr. Brenner's exhibit, the Vioxx and the Elavil that were the medications noted on the January 14th, 2002 visit, how do you know that the Elavil had been prescribed by your office and not Dr. Janton? I don't know that. I have no notes prior to A. these. (Pollock Deposition Exhibit Number 1 marked for identification.) 18 BY MR. O'BRIEN: 19 Q. You have a copy of a Deposition Exhibit Number . 20 21 22 23 24 25 A. 1 marked Pollock. If you could take a moment or as long as you need to review that. And that would be a photocopy of the notes that you wrote after you saw Sonya on January 23rd of 2001? Right. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 Exam./O'Brien - Pollock 33 . 1 Q. 2 3 A. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I And, again, as Mr. Brenner had asked you, if you could read your notes back to us. Chief complaint knee numbness. Subjective: Right knee starting to become numb one day last week. Does not remember any trauma or injury, only in outer thigh area just above knee. Knee goes totally numb and she can't feel anything in that area. It occurs off and on and does not radiate. When the leg is numb she feels as though she is pulling dead weight with her and is slightly painful, no lower back pain or paln in the right hip, has history of fibromyalgia . and left hip often hurts, has never had the sensation before, no feeling with touching, no recent illness. Objective is a well-nourished, developed adult female in no acute distress, full range of motion in knee and hip without pain, unable to distinguiSh between sharp/dull in the thigh, but can in the medial thigh, calf and foot, positive pulses, positive reflexes and both thighs universally warm. The assessment is fibromyitis. Plan is . vioxx 25 milligrams, take two tablets a day for five days, warm compresses, x-ray the right FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-84.'j~6418 l'A 1-800-233-9327 . 10 11 12 . 13 1 2 Q. Exam./O'Brien - Pollock 34 thigh and recheck in one week. And what is fibromyitis? It's just an irritation of the fibers ln the thigh area, the nerves. And here again, this note would indicate that she has a prior history of fibromyalgia? From what I had deemed from glancing at her chart before I saw her. There's no reference there to depression or anything? Not then. (Pollock Deposition Exhibit Number 2 marked for identification.) 14 BY MR. O'BRIEN: 15 16 17 18 19 20 21 22 23 . 24 25 3 A. 4 5 Q. 6 7 A. 8 9 Q. A. Q. A. Q. A. Q. A. Q. A. Were you working for the practice in November of 2000? Yes, I was. Now, these I understand are not your notes, but there was a visit on November lOth of 2000? Um-hum. And do you recognize whose handwriting? No, I don't. Is this referenced again in the flow chart? Maybe we can EC, that may have been Dr. Crimmel. FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-"623 York 717-845-6418 PA 1~800-233-932i . 10 11 12 . 13 1 Q. Exam./O'Brien - Pollock 35 Down in the lower right-hand side, and I highlighted this, it seems that there's a written note there that says suspect fibromyalgia. IS that correct? 2 3 4 5 A. Yes. And it also would indicate in that same area that Elavil was being prescribed. Um-hum. Is there any reference in those handwritten notes to depression? Not that I can see. (Pollock Deposition Exhibit Number 3 marked for identification.) 14 BY MR. O'BRIEN: 15 16 17 18 19 20 21 22 23 . 24 25 6 Q. 7 8 A. 9 Q. A. Q. A. Referring back to the flow chart again. So after Dr. Crimmel wrote these notes on November lOth of 2000 there was a visit on January 23rd of 2001 where you saw her', and we've already heard about that. IS it possible, revlewing Dr. Crimmel's notes and the letter that's been marked Pollock Exhibit 3, that you could have been the member of the practice that suspected that fibromyalgia was the condition? No, I would say Dr. Crimmel was. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . . . 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. 6 A. 7 8 9 Q. A. Q. A. Q. A. Q. A, Exam./O'Brien - Pollock 36 Dr. Crimmel was. But it would seem that after you saw her on those -- well, I'll take that question back. But at some point prior to March 7th, 2001 you would have referred Sonya back to Dr. Janton? Yes, I did that. I referred her when I saw her on the 30th -- or it says refer to neuro for eval and treat when I saw her on the 30th of January in 2001. Are you familiar with the fact that a person suffering from fibromyalgia can become depressed? Um-hum. And ln medical terms are there distinctions between the types of depression? I think there's distinctions in the causes of the depression, but there's not a distinction in the type of depression. Well, I've heard the term used at psychiatric hearings I've been to that a person suffers from major depression, for example. Okay. And oftentimes that requires a hospitalization, for example. Yes, it would. FILIUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 . . . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Q. Exam./O'Brien - Pollock 37 And then if a person is suffering with bouts of sadness, for example, could that be classified as a depression? It could. What else could it be classified as? It could be a result of the medication they're on or it just could be how they're feeling at that given time. So a person's mood has a great influence on the diagnosis of depression? I think a person's whole demeanor has an influence, not just their mood. The loss of a loved one, for example, could lead to sadness, which could be then classified as a depression? Yes, In Sonya's case was the depression secondary to her suffering from the disease of fibromyalgia? That I can't tell you. And why is that that you can't tell us? Because every time I saw her she was sad, she was crying, she was weepy. I don't know 2 3 4 A. whether that was due to the fibromyalgia or due to the fact that she was depressed and having a lot of stress at work. I can't 5 Q. FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236-0623 York 717-845-6418 PA 1~800-233-9327 6 A. 7 8 9 Q. A. Q. A. Q. A. Q. A. . . . Exam./O'Brien - Pollock 38 1 Q. 2 3 A. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 At this point and at that point from your notes you can't say that? Right, um-hum. MR. O'BRIEN: I have no further questions. MR. BRENNER: Nothing further. (Whereupon, the deposition concluded at 11:05 a.m.) FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717-236~0623 York 717-845.6418 PA 1-800-2.13~9327 Exam./O'Brien - Pollock 39 . COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF DAUPHIN ) I, Susan D. Kashmere, Reporter and Notary Public in and for the Commonwealth of Pennsylvania and County of Dauphin, do hereby certify that the foregoing deposition was taken before me at the time and place hereinbefore set forth, and that it is the testimony of KATHLEEN POLLOCK I further certify that said witness was by me duly sworn to testify the whole and complete truth in said cause; that the testimony then given was reported by me stenographically, and subsequently transcribed under my direction and supervision; and that the foregoing is a full, true, and correct transcript of my original shorthand notes. . I further certify that I am not counsel for or related to any of the parties to the foregoing cause, or employed by them or their attorneys, and am not interested in the subject matter or outcome thereof. Dated at Harrisburg, Pennsylvania, this 18th day of August, 2005. S~san D. Kashmere, RPR Reporter - Notary Public My commission expires April 18,2008. . FILIUS & McLUCAS REPORTING SERVICE, INe. Harrisburg 717~236-0623 York 717-845-6418 PA 1-800-233-9327 LAWYER'S NOTI~S . - PAGE: I UNa I - -- -- - - ----- - - ------,-- "------ - i - -~ - - - - ----- --- -. - -- ---- ---"- - --- - --- -- - - I . I I I I I I I I I I~ "' " " ;; . 3 0 " oj u ,; , . . . . . . < . . . . .. . 0 . . . == -j~=1 ---.-._----------. ------._-- ----- ..------ .""'.I.II""'\IIY~ rnvunl:.;;J.;IIII."".-- ~~'9~' " ~ll FILE NO. DEPOSITION EXHIBIT $/ ~ (Po lie c/L- COMMENTS ~ DATE ~ If 12-<0_'; .5 ok: ,/.J3/l1/ ft}. b/fl, t"tI/, ~/,~,.- , I -, ~. (I L-, /1 10 l ,,rift: 17 1;/ h. / t.t./'~/Y1( L ~ J rI./V ~ }/lu..-;- ill :.-, - tJ.u~ /Id" II I.. .1 I. J /I, .Yf If} 1* '~1 7. - 1-:; 'A ,,/ fh JL u. /LLJ:J.../A l lU J . h 1 J I I r.. \. 1 i : ~ 7-4. 1.1 { t } n, 1 l_ T.;; "'" I /1 ~... ~ J--.). 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() CJ tbj PAGE PATI~/;JT '1Dt:'NTIFICATION NARRATIVE PROGRESS NOTES DATE COMMENTS ; Qat( -.1/0/ l[al./nr.; ) Caller: ;:;:oo:~fllf J~~f4/ Reason for Calling: /If; / /L1f9 d.IN]/. t ~~ .--- . j ~( '. /) 0/ }1H// l'll/~) ljJ1c'/;U~>/) "~.)' IU!i.U OZh:;'/J/. - ; 'I Ji f.i./HLItt v/I/1.; tn/]!) It 1i:!I Jill. . t.. DATE: TIME: / jJ01j /IJ URGENT 0 Dr, Staff Member's Initials: (':f1~ FCfffi 84 (B/96) DATE, _ ~d b!V1JiJ/ Dr. ,t[ciWL- Caller: //~A ) TIME: C'-' URGENT 0 Telephone # 79cf -tM~ ( -- Patient: ,~Il{ff v:t;/vlJl/ Re~son for Calling: ~~~I ,-!'J.f6bu"u cC ,Ij,~ ,,MIl. ~) - Staff Member's Initials: wQ:i ~ Form 84 (8196) PAGE FILE NO. /:j~~~ Dr's RePly1(tpr:-~~ ~(- ~7'~ t0T Th wJ) /MJ{.~ I to !jJc>-! :0 f~ Action Taken by Staff l' Member: Returned Call ~ - Called in RX - Scheduled Appt.== Staff Member's Initials: \~ ~~i- - Action Taken by Staff Member: Returned cal~ Called in RX Scheduled App - Staff Member's Initials: @; PAl 10/03/00 FETTERHOFF, SONYA S: She is here with anterior chest wall cain far 2 weeks, She has not done anything e~ertional that would have brought this on, She has not had anv fevers or chills. No viral svmotoms or anything like that, Tn the cast she has had problems with cain in her left shoulder but it has been soecific to the shoulder whereas this seems to be in the clavicles and in the ribs right under the clavicles as well as in the traoezius muscles, It may even be in the sternocleidomastoid area lilUSC leD. She has not not iced anv r-edness. swe 11 i ng or bru i sing. No one else is having a problem with this, 0: Physical exam reveals a well-developed. well-nourished white female in no acute distress. She is very pleasant to talk to. Vital signs are unremarkable. Lungs are 'clear to auscultation with goad air movement. Heart is a regular rate and rhvthm with no rubs auscultated, I very easily can reoroduce her chest wall oain with oaloation of the clavicles or Dressing on the ribs right underneath them. . A: Anterior chest wall pain. Probably viral. P: I wanted to get her on some Ibuprofen since she is having no problems at all with her stomach and no reflux symptoms or anything like that and never has had the~e problems. I told her that this should raoidl.. diminish and cea'se to be'a conCE,rn for her. If she has any or'()blems or- Questions. she wlll let me know and we wl11 go fr~m the/'e. t:\ \CD k'lmber1ee Young. H.D./oa R; 10/04/00 T: 10/09/00 I(j) ,1'1.- --------------------------------------_______________________ I II ,r7) s~~ ,., (9 rs4.r~) ~ (;)1.; if ~ ~... 4~ ('?~) 77>:? .l. ~ ~ w...4- ~ /"&-. J~ ~~J" ~- I~ ~-i, ~~ o ci.- i ~u -I ",~ ~ ....e."I aJ,t:f../lJ.d 7" 0 ..h..~ ~ fu~~i~ .4- ~~k #' 7S1I L-:J; 6 Form 1009 ~ DEPOSITION ij EXHIBIT "Jo:L : 1Ii"II&f'/2- " ~fi-'2-cS- ~-L-W '~'-K ').~,.,..., &.-.0 ~ 30 ~ J .:J ) 0- ~ ~ IJ:--':Jo \( :.:t 'f?J 3f'-..-1l. 0QCJ.! ~~ -2 -J~ (;{ ""'~ ~ '-1~ ~1. "7 ~~ I .I- ~ L ~ Pennsylvania Neurological Associates. LTD. Charles S. Yanofsky, M.D. Jon L. Vickery. M.D. Albert W. Heck, M.D. Francis J. Janton Ill, M.D. Linda L. Diebert, PA-C March 7,2001 Kathy Pollock, NP 4076 Market Street Camp Hill, PA 17011 ~ : iii DEPOSITION EXHIBIT ff 3 ,0. C'I/"Ck RE: SONYA FETTERHOFF a ~ ~ ~ i" -/2 -o~ ~:.)* Dear Dr. Pollock: Thank you for refemng Sonya Fetterhoff for neurologic consultation. As you know, she is a 28- year-old right handed lady with fibromyalgia who is evaluated regarding right leg numbness. She begins her history with bilateral shoulder pain and aching, which she has experienced for quite some time. As you know, she was recently diagnosed with fibromyalgia and was started on Vioxx and Amitriptyline with good results. Her pain is much improved, as is her sleep. The numbness began within the last two months in the right leg. This is an area in the anterior and lateral thigh. She describes a dead sensation. It is somewhat intermittent although there is a constant sense of lack of sensation. Sometimes when she sits for a long time, it becomes more pronounced. She fmds that if she stands up and walks around, it does improve. She has not had pain and there has been no weakness in the leg. She has had no back pain. Past medical history-She tells me she had mitral valve insuftkiency requiring a transfusion when she was younger. She now takes antibiotics for dental procedures but is othelWise asymptomatic. She has migraine headaches for which she has benefited from Imitrex. She had a laparoscopy and a cholecystectomy. She has had no head injury. She has a diagnosis of initable bowel syndrome. Current medications-Amitriptyline 25 mg., Vioxx 25 mg. and Imitrex Nasal Spray, pm. Allergies-Codeine. Social history-She is married. She works as an Administrative Assistant at Mental Health Associates Capital Region. They have no children yet and she has undergone an infertility work- up. She does not use tobacco or alcohol. Reviewof systems shows about a 20-pound weight gain over the last two months corresponding ."t/ to the hme of treahnent WIth Aruitnptylme. She has occaSIOnal mlgrames, relieved well With .j!) i Imitrex. She has had no problems with concentration or memory, no problems with speech or l' ' swallowing and no diplopia or amaurosis. She does have vision change with her migraines, typically a loss of vision at the early part bilaterally. She does regular exercise in the form of stepping nightly in front of the TV. She does 30 to 45 minutes. She does not do a stretching exercise. She walks regularly with her husband. She has had no problems with balance, coordination or bladder function. \1. Harrisview Professional Center & 108 Lowther Street 9 Lemoyne, PA 17043 Telephone (717) 774-2202 · Fax (717) 774-2634 · Web Address www.pneuro.com ~ . l Page 2 March 7,2001 RE: Sonya Fetterhoff Family history is remarkable for her mom having fibromyalgia syndrome. There is no family history of neurologic msease. On physical exam, she is a well-developed well-nou.rished white female in no acute distress. She is normocephalic, atraumatic. The neck is supple without adenopathy or carotid bruit. The heart has a regular rate and rhythm. The blood pressure is 120/80. The weight is 202 pounds. Neurologically, she is alert and oriented. There is normal speech, pleasant appropriate affect. There is an adequate fund of knowledge. Cranial nerves II-XII ar(, individually tested inclumng funduscopic exam and visual fields and are nonnal. Motor examination shows a negative pronator drift. There are normal fme motor movements. The deep tendon reflexes are 2+ and symmetric throughout. Plantars are flexor bilaterally. Cerebellar is intact to fmger-to-nose. The gait is moderate based without ataxia There is normal heel, toe and tandem walle Romberg is negative. Sensory is intact to light touch temperature pinprick and vibration. There is an area in the right leg of diminished sensation iu the mstribution of the right lateral femoral cutaneous nerve. There is no area of hyperalgesia however. Sensory is otherwise unremarkable. She does not have, at this time, trigger points nor does she have any mffuse tenderness of prior aching in her shoulders. IMPRESSION: ]. Meralgia paresthetica. I reviewed with her the pathophysiology of entrapment of the lateal femoral cutaneous nerve at the inguinal ligament. I reviewed with her that the recent weight gain is probably contributory and that weight loss and especially abdominal toning will likely be very helpful for this. At this point, she doesn't have any significant pain or burning and I told her that in some cases, when it is particularly painful, we refer for local injections at the site of entrapment which is usually 3 em. memal to the point of her hip. At this point, no specific treatment other than continued involvement in the LA Weight loss is recommended. 2. She has done very well and had significant improvement with the current regimen of 25 mg. of Amitriptyline at night and 25 mg. of Vioxx. I have encouraged her to continue her exercise and of course the weight loss program. I would like to see her add a stretching program. She has benefited tremendously in terms of her sleep and mood and the decrease pain from the Amitriptyline but I believe with the attention to met that she can lose the weight. At this point, I have not arranged a follow-up visit but I would be happy to see her again or mscuss the case at any time. Thank you for refening this very pleasant lady. . .~r;0) II I SinCerelY'd)I} -,:::=~/. l <~-..?--'_._'- v ~__ Francis J. Janton, M.D. _I\,,~'>j: iG~ .,~ 'i r'~ / .1 FJJ/djb I':. e Ie . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 3 SONYA S. FETTERHOFF and STEVEN M. FETTERHOFF, 4 Plaintiffs CIVIL ACTION - LAW No. 04-303 5 v. 6 UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, 7 Defendant JURY TRIAL DEMANDED 8 ~:? ~."- 9 Oral Deposition of 1 <.0 SONYA S. FETTERHOFF (,._-, .. '~ <., DATE: Monday, November 22, 2004 TIME: 2:50 p.m. PLACE: Offices of Goldberg Katzman 320 Market Street Harrisburg, Pennsylvania TAKEN BY: Defendant APEX REPORTING SERVICE By: Sharon L. Dougherty p, O. Box 6265 Harrisburg, PA 17112-0265 717-545-3553 C) ." '4 ,:r:: "7'l "1;_',.,. I'; ORIGINAL 2 ~ 1 APPEARANCES: 2 For the Plaintiffs: ROBERT L. O'BRIEN, ESQUIRE 3 O'BRIEN, BARIC & SCHERER 19 West South Street 4 Carlisle, PA 17013 . . 5 For the Defendant: 6 THOMAS E, BRENNER, ESQUIRE GOLDBERG KATZMAN, P.C, 7 320 Market Street, Strawberry Square P. O. Box 1268 8 Harrisburg, PA 17108-1268 9 10 Also present: Steven M. Fetterhoff 11 12 13 14 15 16 17 18 I N D E X 19 Witness 20 SONYA S. FETTERHOFF Examination by: 21 Mr. Brenner Paqe No. 3 22 23 Exhibits No. 1 (Blank Application) 24 No. 2 (Completed Application) No. 3 (Completed Application) 25 No.4 (7/31/03 Letter) Marked 15 15 21 23 APEX Reporting Service . . . 3 1 2 3 S TIP U L A T ION PRO C E E DIN G S 4 (It is hereby stipulated by and between 5 counsel for the respective parties that sealing, 6 certifying, and filing are hereby waived, and that all 7 objections, except to the form of the question, are 8 reserved to the time of trial.) 9 10 11 BY MR. BRENNER: EXAMINATION 12 13 14 15 Q Sonya, could you state your full name, please, for the record? A Q Sonya Sue Fetterhoff. Sonya, we met before. My name is Tom 16 Brenner. I represent the interests of the Universal 17 Underwriters Life Insurance Company in a lawsuit that 18 has been filed in Cumberland County on your behalf. 19 We are here today to take your deposition 20 21 22 which is going to be a question-and-answer session. I am going to ask you a series of questions. Listen carefully to the questions I ask. If you don't 23 understand a question that I am asking you, ask me to 24 25 rephrase it. As can you see, there is lovely young lady APEX Reporting Service e 2 3 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 19 4 1 to your right that is making a record for us here today. Whatever questions I ask and answers you give, she is going to type up in a booklet form. So it's important that you hear and understand my questions before you give your answers. Do you understand that instruction? A Yes, I do, I do want to point out though I had back surgery two weeks ago. Q Okay. A And I am taking pain medication. So if I don't fully understand something, I will make that clear to you. Q That is fine. I will try to make things straightforward, but if there is something that is not clear, let me know that and we will deal with that, A Q Okay. Keep your answers verbal, something that she can hear. If you shake your head or nod, it's not 20 going to get picked up on the transcript. . 21 22 23 24 A Q Okay. You are represented here by counsel. If you want to take a break at any point and talk to Mr. O'Brien, you are entitled to do that. Just let me 25 know that and we will suspend the proceedings for to APEX Reporting Service 5 ~ 1 you do that. ~ e 2 A Okay. 3 Q I don't want you to be physically 4 uncomfortable. I don't think we will be overly long, 5 but if you want to take a break at any point in time 6 just say, I want to take a break and we will suspend 7 the proceedings for that. Do you understand those 8 instructions? 9 10 A Yes. Your present address. 7073 Carlisle Pike, Lot 103, Carlisle, PA Q A 11 12 17013. 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How long have you lived at that address? A Eight and a half years. Q Is that a mobile home? A Yes. Q Are you the owner of the mobile home? A No, Q Who owns the mobile home? A Don Leiby. Q L-E-I-B-Y? A Yes. Q Do you pay rent for the mobile home? A Yes, we do. Approximately how much do you pay a month? Q APEX Reporting Service e e e 6 1 2 A Q $465. In addition to the mobile home, is there a 3 lot rent that you pay also? 4 5 6 7 8 9 10 11 A No. How old are you, Sonya? I am 32. Date of birth? Q A Q A 9/6/1972. Your social security number? Q A Q 192-66-4531. You are seated beside your husband; is 12 that correct? 13 14 15 16 A Q A Yes. How long have you and Steven been married? Eleven and a half years. Were you ever married before you and Q 17 Steven were married? 18 19 20 21 A No. Any children of the marriage? No. Other than you and Steven, and I am going Q A Q 22 to assume that's true, does anyone else reside at the 23 7073 Carlisle Pike address? 24 25 A Q No. Any pets at all? APEX Reporting Service e . . 11 12 7 1 2 A Q No. Your educational background, are you a 3 high school graduate? 4 5 6 7 A Yes, Where did you attend high school? Dubois. I remember some of this when I read Q A Q 8 through some Answers earlier today and I am just trying 9 to put it back together. 10 What year did you graduate from Dubois? A Q 1990. Was there a track or a study major that 13 you had in high school? 14 15 16 17 18 19 20 21 22 23 24 25 A Business. Q A Q A Q A Any post high school education? Yes, What did you do after high school? Penn State. Which campus? Dubois. Do you have a degree from there? A certificate. What lS the certificate in? Family Service Workers. How long did you have to attend classes to Q A Q A Q APEX Reporting Service . . . 8 1 get the certificate in Family Service? 2 3 A Q Two years. Do you have any education beyond the two 4 years at Dubois? 8 9 10 5 6 A Q No. Your work history, were you working when 7 you were attending college at Dubois? A Q A Yes. Where were you working at that time? Beaver Meadow Creamery. 11 Q After you finished your certificate 12 program at Dubois, what was your next employment after 13 14 15 16 17 18 19 20 21 22 23 college? A At the Good will Industries. what did you do at Good Will? Resident manager, Was that at one of their facilities? In a group home. Approximately when did you do that? From '92 until '94. What was your next employment in '94? I can't recall. Q A Q A Q A Q A Q Let's go the other way. Your last 24 employment, my understanding is presently you are not 25 working; is that correct? APEX Reporting Service e . . 17 18 19 20 9 1 2 3 4 5 6 A Q A Yes. When were you last employed? I was a Youth Director at the church. Which church is that? Middlesex United Methodist, What time frame did you serve as the Youth Q A Q 7 Director there? 8 9 10 11 12 13 14 15 A Q A From 2001 until September of this year. September of '04? Yes. Was that a paid position? Yes, it was. Q A Q A Was that full-time? No. What was the expectation? Q How many hours 16 a week were you supposed to work there? A Well, it was only ten hours a month. Ten hours a month? Q A Q Uh-huh. Did you find that you worked more than ten 21 hours a month in that position? 22 23 24 25 A Q A Sometimes. Your last full-time employment. Was the Mental Health Association. For what time frame did you work with the Q APEX Reporting Service e 2 3 4 5 6 7 8 9 10 11 12 e 13 14 15 16 17 18 19 20 21 10 1 Mental Health Association? A From September '98 until March of 2003. Where was their office located? Mechanicsburg. Q A Q What was your job prior to going to work for the Mental Health Association? Do you remember that? A Q A Q A Q I worked for Sigma as a receiving clerk. S-I-G-M-A? Yes. What type of business was Sigma? Food distribution. Have you ever had a job with an insurance company? A No. Q Have you ever, in any of the different jobs that you have had, had to deal with insurance benefits issues for yourself, other people that worked there? A No. Have you ever taken any courses or Q 22 training in insurance policies, programs, benefits, 23 anything of that sort? e 24 A No. 25 Q Prior to the present lawsuit that has been APEX Reporting Service 11 e 1 filed in Cumberland County, were you ever a party to 2 any other lawsuits? 3 4 A No. Q You were present when we took the 5 deposition of Dr. Gallagher at the pinnacle Family 6 Medicine office on Market Street in Camp Hill a few 7 months ago. 8 How long has Dr. Gallagher'S office been 9 your family physician? 10 A Since '98. 11 Q From 1998 through 2002, you have treated 12 with Dr. Gallagher's office for whatever health issues e 13 have arisen; is that correct? 14 A Yes. 15 Q I know when we were with Dr. Gallagher 16 certain things were mentioned. You have treated with 18 A 19 Q 20 provided 21 correct? 22 A 23 Q 17 her office for fibromyalgia; is that correct? Yes. She has provided or her office has treatment for you for depression; is that . No. You were present for Dr. Gallagher's deposition; is that correct? 24 25 A Yes. APEX Reporting Service . . . 23 24 25 12 1 You sat in on it. Q 2 There were five references in the medical 3 records between January of 2002 and May of 2002 where 4 you were in for visits where part of the diagnosis at 5 those visits was depression. 6 Were you aware that Dr. Gallagher or her 7 staff was noting, among the things they were treating 8 you for, depression as one of the subject areas? 9 A Yes. 10 Q Were you taking any medication for 11 depression prescribed by Dr. Gallagher or anyone from 12 her office or any other physician between January of 13 2002 and July of 2002? A No. 14 15 Q In addition to the Pinnacle Family Health 16 Center, the time frame from January of 2002 through 17 July of 2002, any other medical facilities or medical 18 doctors that you were treating with? 21 A Q frame? A Q A Q For what reason were you seeing 22 Dr. Janton. J-A-N-T-O-N? Yes. APEX Reporting Service 13 . 1 Dr. Janton? 2 A 3 Q 4 were treating 5 frame? 6 A 7 Q 8 Dr, Janton? For my fibromyalgia. Any other doctors or facilities that you with in that January to July 2002 time No. For what time frame had you been seeing If we are talking 2002, how long prior to 9 that had you been seeing him? 10 A Since 2000. 11 Q Was your treatment with Dr. Janton solely 12 for fibromyalgia? . 13 A Yes. 14 Q What caused you to begin treatment with 15 Dr. Janton in 2000? 16 17 18 19 20 21 22 23 . 24 25 A I was referred to him by a colleague at the Family Medicine Center. Q The time frame of January 2002 through July of 2002, were you on any type of medications during that time frame? A Q A Q A Yes. Do you recall what those medications were? Not at this time, I don't, Do you remember any of them at all? No. APEX Reporting Service . . . 1 14 Q Do you remember what you were taking the 2 medications for? 3 A Yes, 4 Q Tell me what you believe you were taking 5 the medications for during that January -- 6 7 8 9 A Q A Q My fibromyalgia. Any other reasons? No. In July of 2002, did you and your husband 10 make a decision to purchase a vehicle? 11 12 13 14 15 A Q Yes. What dealership were you dealing with on the vehicle purchase? A Cumberland Valley Motors. Was there a particular sales person you Q 16 were dealing with at Cumberland Valley? 17 18 A Q Yes. You know I am going to ask you that. Do 19 you remember who it was? 20 21 A Q Adam, I don't remember his last name. Had you ever been a customer of Adam's 22 before? 23 24 A No. Had you dealt with anyone at Cumberland Q 25 Valley Motors prior to July of 2002? APEX Reporting Service e 7 8 9 10 11 e 12 13 14 15 16 . 15 1 A No. 2 Q What type of vehicle did you decide to 3 purchase from them? 4 A A 2002 Jeep Liberty. 5 Q Would this have been a new vehicle or used 6 vehicle? A Yes. Q New vehicle. As part of that transaction, did you decide to purchase a disability policy through universal Underwriters? A Yes. (Deposition Exhibit No.1, a Blank Application, was produced and marked for identification.) (Deposition Exhibit No.2, a Completed Application, was produced and marked for identification.) 17 BY MR. BRENNER: 18 Q Sonya, we handed you two documents. The 19 one is a two-page document we marked as Exhibit 1, and 20 this is a blank copy of the application form for 21 Universal Insurance. 22 Exhibit 2 is the copy that was filled out 23 and answered, and I think it was probably copied from 24 Microfiche or something because obviously it's a little 25 smaller and a little harder to read. So that is why I APEX Reporting Service 16 e 1 gave you both documents. 2 If you can, and it might be easier to look 3 at the unfilled document and refer to the other as we 4 are going through this, but I want to ask you some 5 questions about the documents, 6 As far as the information at the top, the 7 borrower or primary and secondary borrower on Exhibit 8 No.2 listing Steven M. and Sonya S., that would be you 9 and your husband; is that correct? 10 A Yes. 11 Q the address for the primary borrower, the 12 Carlisle Pike, Lot 103, that is your address, correct? e 13 A Yes. 14 Q It indicates the insurance term is to 15 begin in July of 2002. That is the time that you were 16 in to buy the vehicle at Cumberland Valley; is that 17 correct? 18 A Yes. 19 Q Although the x's aren't square on the 20 spot, it appears that you were intend~ng to purchase 21 insurance coverage for both of you as I understand it; 22 is that correct? e 23 24 25 A Q Yes. Now, down the page there is a section entitled, application for group credit insurance. Do APEX Reporting Service e e 14 15 16 17 18 19 20 21 22 23 . 24 25 17 1 you see that on the form? 2 3 Yes. There is a series of questions there, and A Q 4 it looks like information was typed in then. Was the 5 fellow that was helping you with the transaction, was 6 he typing this in for you? 7 8 Yes. Did he ask you the questions set forth A Q 9 there and you provided the answers to him? 10 A Yes. 11 Q For example, the age as set forth on 12 Question 1 for the primary borrower which is listed as 13 you, at that time in 2002 were you 29 years of age? A Yes. Would Steven have been 32 at that point? Yes, Then there is this Question 2 which reads, Q A Q "have you within the last five years before the effective date received or been advised to receive medical advice or treatment for cancer or any condition of the heart, arteries, brain, liver, kidneys, or lungs, or for stroke, depression, mental disorder, uncontrolled hypertension, nervous system disorder, drug dependency, alcoholism, or diabetes?" that correctly? Did I read APEX Reporting Service e . . 18 19 18 1 2 A Q Yes. There is blocks below that for the primary 3 borrower and the co-borrower with a yes and no beside 4 each; is that correct? 5 6 A Q Yes. With regard to the primary borrower that 7 would be you, the box for "no" is checked; is that 8 correct? 9 10 A Yes. For Steven, the co-borrower, the box Q 11 checked is also "no"; is that correct? 12 13 A Yes. In Question 4, "are you working for wages Q 14 and profit less than 30 hours a week on the effective 15 date shown above," and that date was July 26th of 2002. 16 As of that time you had a job of more than 40 hours a 17 week; is that correct? Or 40 hours a week? A Q Yes. That is your job you had with the Mental 20 Health Association, correct? 21 22 A Yes. Steven was also working a full-time job at Q 23 that time; is that correct? 24 25 A Q Yes. So for Item 4, if you look at the answers, APEX Reporting Service e e . 19 1 the answers of "no" were checked for both you and 2 Steven to indicate that you were working more than 30 3 hours a week; is that right? 4 5 A Q Yes. So I understand the interaction at the car 6 dealership, were you reading these questions and 7 providing answers or was the salesman reading to you 8 and asking you answers? 9 10 11 12 13 A No, he had let us read those. Okay. And then we had answered them, When I Q A read it, I was not being treated for depression. have not been advised to be seen for depression. I I was 14 being treated for fibromyalgia. 15 Q Even though your medical records indicate 16 five times in the time frame prior to you filling out 17 this form the diagnosis of depression? 18 A I don't consider that a diagnosis for 19 depression because I was not being treated for 20 depression. I was not sent to see a psychiatrist or 21 psychologist for depression, 22 Q Were you told by Dr. Gallagher's office 23 before July of 2002 that one of the diagnoses they were 24 25 making of you, besides fibromyalgia, was depression? A No. They have never told me that I was APEX Reporting Service . 3 4 5 6 7 8 9 10 11 12 . 13 . 20 1 2 depressed. I am considering my age and with the health problems that I had with the fibromyalgia, there is days that I would feel depressed; and with the symptoms of fibromyalgia, yes, depression is a symptom of fibromyalgia. My doctor had provided all of the information necessary to back fibromyalgia and its symptoms stating that depression is one of the symptoms. Q Were you aware before you filled out this form in July of 2002, that depression was one of the aspects of fibromyalgia? A No, I was not, because I was not being 14 treated for depression. I was being treated for 15 fibromyalgia. That is a whole different area. 16 Q Did you review the records that 17 Dr. Gallagher's office submitted to the insurance 18 19 20 company? Did you ever see those records? No. Let's look at that form again, Exhibits 1 A Q 21 and 2 for a moment. It's hard to read, but I am going 22 to try and read this along down towards the bottom. 23 After Question 5 there is a sentence that 24 25 begins, "I hereby apply for credit insurance coverage subscribed above." Do you see where I am on the form? APEX Reporting Service e e e 22 1 Q We have printed this on a longer -- this 2 is on an 8 1/2 by 14 paper because your form you had 3 was longer than your standard size sheet of paper; lS 4 that correct? 5 6 A Yes. Looking at the questions here, and it Q 7 looks like there is three questions enumerated on this 8 form, listed as 1, 2, and 3 about the middle of the 9 form. Do you see the questions? 10 A Yes, 11 12 13 14 15 Again, Question 2 on this form, that is Q Exhibit 3, is the same question I read to you earlier that was on Exhibits 1 and 2, is it not? A Q Yes. Again, so we are clear for the record, the 16 answers as signed by you and Steven to Question 2 which 17 includes reference to depression is "no" for each of 18 you; is that correct? 19 20 A Q Yes. There are signatures that appear a little 21 lower on the form for primary borrower and co-borrower. 22 Are those the signatures of you and your husband? 23 24 A Q Yes. The paragraph about, "r hereby apply for 25 credit insurance" that I read before we took a brief APEX Reporting Service e e . 23 1 break, that ends with the sentence "I further 2 understand that I am not eligible for insurance if I 3 have answered yes to any of the questions listed 4 above," that paragraph appears just above your 5 signatures on this form, on Exhibit 3; is that correct? 6 A Yes. 7 (Deposition Exhibit No.4, the 7/31/03 Letter, was produced 8 and marked for identification.) 9 BY MR. BRENNER: 10 Q Sonya, I placed in front of you a letter 11 dated July 31st, 2003 on Universal Underwriter's Group 12 letterhead. Do you remember receiving this letter from 13 the insurance company? 14 A Yes. 15 Q As I understand factually, you made 16 application for the disability benefits after leaving 17 employment with Mental Health in March of 2003. 18 Thereafter, you applied for the benefits with 19 Universal; is that correct? 20 A Yes. 21 Q After you submitted the application for 22 benefits on July 31st, 2003, you received the letter 23 from them indicating the information they had received 24 from Dr. Gallagher, and that they were rejecting your 25 request for benefits; is that correct? APEX Reporting Service e 24 1 A Yes. 2 (Discussion off the record.) 3 BY MR. BRENNER: 4 Q Sonya, within the text of Exhibit 4, there 5 is reference to Universal returning the premium amount 6 to Chrysler Financial, and I have as part of file 7 materials that I have gathered two documents related to 8 that. I am going to show them to you first. Take a 9 look at them and tell me if you have ever seen them or 10 a copy of them. 11 A No. 12 Q Okay. That is fine. e 13 Were you ever advised by Chrysler 14 Financial after Universal issued the letter of 15 16 17 18 19 20 21 22 23 . 24 25 July 31st, which was marked as Exhibit 4, that they had received from Universal the payment for the premium for the disability policy and because of receiving that back, that adjusted the amount of the obligation that you owed on your Jeep? A No. Do you still own the Jeep? Yes. How much are your payments on the Jeep? $498.31. Q A Q A Q Per month? APEX Reporting Service e 4 5 6 7 8 9 10 11 12 e 13 14 15 17 18 25 1 2 A Yes. Did you get a coupon booklet for that, or Q 3 how is that handled? A We get a statement every month. Q Do you recall in looking at your statements last year any indication of a change in the amount owed following the issuance of the credit check or the check back to the financing company by Universal Insurance? A Yes. What do you recall receiving? Just a paper stating that we didn't owe Q A this amount of money is all they said. Q So some indication of a credit or a reduction appeared on one of your statements; is that 16 correct? A Q Yes. Do you recall around April 15th, 2002, 19 seeing someone from Dr. Gallagher's office after having 20 a weekend where you were having a lot of pain and 21 discomfort and them advising you to not go to work for 22 a few days? Do you have any recollection of that? . 23 24 A Q Yes. Do you remember if the -- it looks like 25 K. Pollock, P-O-L-L-O-C-K, wrote the medical note for APEX Reporting Service . 7 8 9 10 11 12 . 13 14 15 16 17 19 26 1 2 that visit. Do you know who Pollock is? Yes, she was Kathy Pollock. She was the A 3 nurse practitioner. 4 5 I saw her name on some of the other Had you seen her a couple times when you were Q records, 6 with the family practice? A Yes. Q Do you remember Kathy Pollock telling you on that occasion that the reason you are not feeling well is because you have depression? A Q No. It's my understanding from what Dr. Gallagher was able to tell us from her review of a listing of visits that you had that was part of the medical records in her office, that you did not actually begin to see Dr. Gallagher for treatment until the later part of 2002, I think she said around 18 November of 2002. Does that sound right to you? A Yes, 20 Q Prior to that you were seeing Kathy 21 Pollock of that office usually when you went in; is 22 that correct? . 23 24 A Q Yes. Prior to July of 2002, you were taking 25 prescription medications at the direction of the APEX Reporting Service e e e 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 1 2 3 Pinnacle Family Health office; is that correct? A No. You had mentioned you were taking some Q 4 medications but you couldn't recall what they were. 5 Were they all over-the-counter medications? 6 7 No. I went through Dr. Janton. A MR. BRENNER: That is all of the questions 8 I have, Sonya. Thank you. 9 MR. O'BRIEN: I have none. (The Deposition was concluded at 3:26 p.m.) * * * * * APEX Reporting Service e . . 28 1 2 3 C E R T I F I CAT E I, Sharon L, Dougherty, a Notary Public for the 4 Commonwealth of Pennsylvania, do hereby certify: 5 That the witness named in the deposition, prior 6 to being examined, was by me first duly sworn or 7 affirmed; 8 That said deposition was taken before me at the 9 time and place herein set forth, and was taken down by 10 me in stenotype and thereafter transcribed under my 11 direction and supervision; 12 13 14 That said deposition is a true record of the testimony given by the witness and of all objections made at the time of the examination. 15 I further certify that I am neither counsel for 16 nor related to any party to said action, nor in any way 17 interested in the outcome thereof, 18 19 20 21 22 23 24 25 APEX Reporting Service . ---- / ~~l bl-tS ~ . ------- . G63 ollElgaBoul9vard ~" ~_:OUNT ~jQ CEPT!F",:;I,T::: 'lC J Overlanq Park. Kansas 66211 I I SCHEDULE FIRST NAME Mi lAST NA!'.IE AGE SOCIAL S~CURIT'/ , Doe Primary Borrower T T I I ;G.1Il/MlV,,", Co-Borrow€( I T I I I 1..""CaLl~~ You' PRJMARY BORROWER ADDRESS - STREET CITY STA7E ZIP TELEPHONE NO I I I I I iNS ErFECTIVE DATE OA7E QF' FiRST LOAN PYMT SCHED E~P DArE OF lOAN INSURANCE! I I LOAN TERMS SCHEDULED EXP DATE OF DISABILITy INS I DISABILITY INSURANCE --- T:R'.l OF INS. _ MOS. MONTHl Y BENE:FIT PREMIUM T~" rnaXLr"lun, Mon\hly disaoillly bene(,t is ro.lonll1lyPaymenl I I se~.:, _._.__._-_.~._-_.- :.:,,',:;;1.0 J'~21bllol:. - Retroacllve Elim,nation WAITlNG PERIOD (DAYS I P"rr.ar')l8orrower - Co-Borrower ~ " 30 Pnmary & Co-Borrower - Se<:ond Beneficiary named by Pnmary Borrower C;edlJOr Benefk:ial) (Name and Address) Second Beneficial) named Oy Co.8orrower Universal Underwnters Life Insurance Cumpan, (A Stock Compaflvl C ~ ~ . Note: You are insured only for the coverages specified in the Schedule where a premium charge is shown. You are liable for any difference between the monthly benefit and your monthly loan payment. See the Approval of Risks section of this Certificate. This certificate contains a pre-existing condition exclusion for disability insurance. You will not receive a disability benefit if you become disabled during the first 6 months of coverage as a result of an illness, disease or physical condition for which you received medical advice, consultation or treatment during the 6 months before the effective date of coverage. Refer to your certificate for further details. WARNING: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. APPLICATION FOR GROUP CREDIT INSURANCE 1. What is your current age(s)? Primary Borrower CQooSorrower {Maximum issue age is less than 66) 2. Have you wlthm the last 5 (ears before the effective date recewed or been advlsea to receive medical advice or treatment for Cancer or any condition 0 the Heart, Arteries, Brain, Liver, Kidneys or Lungs, or for Stroke, Depression, Mental Disorder, Uncontrolled Hypertenslon, Nervous System Oisor~r, Dru9..Qependency, Alcoholism or Diabetes? Primary Borrower ~ Yes L No Co-Borrower (if any) 0 Yes ::J No 3 Have you ever tested pcsilive for the human immunodeficienCY virus (HIV) or received medical treatment for Acquired Immune DefiCiency Synarome (AIDS) or an AIDS related co!!!plex (A~C)1 _,- ~ Pnmary Borrower ~ Yes L...; No Co-Borrower (If any) u Yes -.--: No 4. Are you working for wages and profit less than 30 hours a week, on the effective date shown above? Primary Borrower ~ Yes r No Co-Sorrower (if any) == Yes No H::we you w:lhln the last 1 year received medical ad'{lce or treatment for a Sprain, Strain or Oisord~~ of the~ack, Spine. or Neck? Primary Borrower _ Yes~_ No Co-Borrower (if any) Yes No I hereby apply for tile Credit Insurance Coverage described above. By siQOIng below. I represent the above statements are true, correct and GomF!ete to the besl of my knowledge and belief and a copy 01 tillS application was given to me on thiS date. I further understand that am not ellglble for Insurance if r have answered Yes to any of the QuestIons hsted above. STATEMENTS IN THIS APPLICATION WILL NOT BE USED IN A CONTEST UNLESS ALL APPROPRIATE SPACES ARE COMPLETED AND THE APPLICATION IS SIGNED BY YOU, DATED AND WITNESSED, DO NOT SIGN THIS APPLICATION IF ANY SPACES APPLICABLE TO THE BORROWER ELECTING THE COVERAGE AND TO THE COVERAGE BEING ELECTED HAVE NOT BEEN COMPLETED, Witness Primary Borrower FORM a97 APP (4197) Co-Borrower (if applicable) Date . CONSIDERATION We certify that if you have signed the application and any supplemental applications, and we have been paid the premium shown in the Schedule you are Insured for the coverage shown In the Scnedule and as provided in the Policy issued 10 the Policyholder/Creditor. PAYMENT OF CLAIMS Claim paymems are made to the PolicyholderfCreditor named in the Schedule to payoff or reduce the loan. If claim payments are more than the balance of tM loan, the difference will be paid 10 you. If you are not alive, the difference will be paid to the Second Senefidary designated above, If any and If hVlng. Otherwise, payment will be to your estate. AMOUNT OF PAYMENT Disability Insurance. If you are insured for disability insurance, we will pay a benefit upon receiving written proof you became disabled as a result of injury or sickness while insured and continued to be disabled for more than the waiting period shown in Ihe Schedule. Payment will be calculated from the 1st day of disability for retroactive coverages. For elimination coverages benefils wjH be calculated from tile day after the SINGLE PREMIUM GROUP CREDIT DISABILITY CERTIFICATE FORM 8970 (<tin7) BORROWER COPY DEPOSITION EXHIBIT IIIz..J6'1,,:/r; Sf!) . waiting penca shown in me Sd'-:eOule. The bene/it will be equal 10 1i30lh 01 the Monmly Benefit ,n me Schedule for eact'. day 01 015ao:llly (0 08 compensated Payments wilt SlOP on the €.-arller of. (al the date the disability enes or (bj the date (he term of ~L'1e loan ends "D1saollJ!Y", dUring the first 12 months, wnerever usee means that yOu are unable ,(0 perform ail of the Imponant or slgnifiC.3n! occupational duties of the job you have at the time the dIsability begms. After 12 months of disability, 11 means you are unable 10 perform the dulles reqUired of any galf1fuf occupation far wl1ictl you are reasonabiy sUJled by education, training or expenence APPROVAL OF RISKS If according to OUf underwriting rules you are found to be unacceptable as an insurance risk, or if the amount to be ir.:iured exceeds our maximum amount, you will be notified within 60 days of the Effective Date that we are terminating your cove~age or redUCing the amount of your coverage to our maximum amount. ThiS provISion WI]) not affect any valid clatm for disability that occurs prior to being notified A refund of premium wi)) be paid if you are found to be unacceptable as an insurance risk or if the amount to be insured exceeds our maximum amount. MAXIMUM AGE This Insurance applies only if on the Effective Date of the loan your age is less than 66 years as 01 your last :Mhday..)f you correctly stated your age to be over the age limit for eligibility, no coverage wi!! be prOVided if the Company sendS you notice of termination ano a reiur.d of the premium Within 60 days after tile Effective Date of your insurance and prior to a claim. If you slaled your age so as 10 make yov eligible for this insurance. but you would not have been eligible lor Insurance ullder 1;'ls policy had 'four age been correctly sta[ea.~lhe Company shall have the right wilhln the contestable per,ad to COnlesl thiS Insurance II the Ccmpany prolles that a fraudulent misstatement was made, the Company will refund the premium paid EXCEPTIONS '/'ie will not pay for any disability caused by: (1) normal pregnancy: (2) inlenlionaJJy self-Imh:::ed inJUries: (3) flight In nonscheduled aircraft (4) a pre-e:Gsung lilness, disease. or phYSical cona:llon, for which you received medlcai adVice. C::Jnsultatlon or .treatmenl dunng the 6 months before the Effective Date and which resulted In disablhty WIthin 6 monlhs after the EffeclIve Dale. A disability caused by a pre.exIstmg medical condlllon thaI begins more than 6 months after the Effective Date Will be covered. TERM OF INSURANCE AND REFUNOS Tr,c term of insurance WII/ Degm on the dale yOu become obltgated to the Creditor ThiS .....111 be the efieclllle dat~ of coverage The term will end on !he earjiest of fa,! the Scheduled EXPlfation Date of the loan: or (b) the date your cebtls discharged through prepaymenl, renewal refinancing or otherwise ends: or (C) the date of repossession of the collateral; or (d) upon your writlen requesllO us If the insurance ends before the Scheduled Expiration Date of the loan. a refund will :;e paid. For disability insurance, the refund Will be calculated according to the "Ru!e of 78's" method. A refund need not be made if the amoL;nt is less than $10.00 If you die before the term of insurance encs a refund of unearned Disability premium will be made. RENEWAL OR REFINANCING Ii the debt IS diSCharged due to renewal or refinancing prior to the Scheduled Expiration Date of the Joan. !he insurance In force shall be lermln3teO Defore any neWll1surance may be issued in connection with me renewed or refinanced debt, The .EffectiveDate oi coverage as it apP{f€S to any poliCY prOVISion shaH be deemed to be the first date on which you become insured under the poliCY covenng (he debt wl1lCh was renewed or refinanced, at least to the exlent of the amount and term of the insured debt outstanding at the time of renewal or refinanc:ng. The Effective Date of coverage will be Ihe date the debt is renewed or refinanced if the original loan was not insured by our company. INCONTESTABILITY No statement made by you relafing to your insurability will be used in contesting the validity of the Insurance after this insurance has been in force pnor to the coni~st for a penod of 2 years dunng your Iifebme. That statement must be In a wnrten Instrument, Signed by you. and. a copy of it given to you. All such statements are considered to have been made to the best of your knowledge and beJI8f. !f Single DlsabiJJty coverage ceases because of the contest, coverage becomes void and all premium will be refunded. In the absetlce of fraud, aU statements made by you in the Application shaH be deemed representations and not warranties. RULES FOR FILING A DISABILITY CLAIM You must write us about a disability claim within 20 days after the beginning of disability or as soon thereaftfi!ras is reasonably possible. Notice by ar On your behalf to us at our Home Office. to the Policyholder. or to any autr'.Orrzed agent of ours WIth swfficientlnformatlon to Idenhfy you IS deemeCl notice to us. Claim forms Will be sent to you wllhin 15 days after receipt of notice of the claim. If forms are not sent In 15 days. you may send, written proof of disabmty covering the occurrence. character. and extent 01 the loss lor which the claim is made within the lime fixed m the policy for filing proofs of disability. The proof must be sent WIthin 90 days from the end of each penod for which a disabiJity benefit IS payable, If II is not reasonably possible to file Within Ihls period. no claIm will be reduced or invalidated If proof of disability is filed as soon as 1$ reasonably pOSSible. No legal or eqUitable actIOn may be brought until 60 day~ after wntten proof of disability has been furfllshed as reqUired herem. No such action may be brought more than 3 years after wntten proof of olsablllty IS requIred to be furnIshed. PHYSICAL EXAMINATION We at our own expense have the right. and you must allow us the opportunity, to examine your person as often as is reasonably required while a claim IS pending GROUP POLICY The Group Policy is in Ihe possession of the Policyholder. It may be inspected by you at any time during business hours at the office of the PolicyhOlder ENTIRE CONTRACT The policy and the attached appllcafion(s) shall constitute the entire contract between the parties CONFORMITY WITH STATE STATUTES Any part of the Group Policy which, on lhe Effective Date of the Group Policy. conflicts with the statutes of the state where the GiOUp POliCY was delivered IS cr,anged to conform to the mlf1lmUm standards of those statutes . WITNESS lhe signatures of our proper officials UNIVERSAL UNOERWRITERS INSURANCE COMPANY OVERLAND PARK, KANSAS . ~ -Q~~:::~~ IF YOU flRE.PAY YOUR LOAN, YOU MAY BE DUE A REFUND OF THE UNEARNED INSURANCE CHARGE. CONTACT THE POLICYHOLDER FOR POSSIBLE REFUND. . . ..-.. -"',- -"' ""',.<.-",' . ~,. r - Universal Uoderwrlten Life lnsunmc;~~~ ~ _C~~ '" o\CCtlU..".!CI. """'"'"., LCNl"'fIP. O"'_,......~IlQ".lm 12450860 I 10.51 I SCHEDUl.E N'. ....-.. , . ~..z.8DIJOWaI':'=-t.m',l T s I Ftnnll1n~- I ".1 lQ'_t:~_H'''l I ""''''=>.7 --- ,;,~" T ..' 1 ; ;"';rft-:-.~=-~- I ,,1 ,- I '. PRIlMRY SOA"ROWER .-.oDl'\tSS - STREET "'" STA.n z. TELePIiDHE NO. ) " " , 7~~"~'~'< I , "",, I 0_' N.EFF2-~D"'TE ~'Tl:OfARSTlO>>IPnIT_ l;C>iEtl. EltP.O"'T[C)F L.O"'w ,,,,,UAANCEI 071"'0'21\0" T I 1\CrrM/)>r'>fVt LI';)A1ol'TERMS SCt1EtI\.U:tlEltl>l),o,TEDFUFEINS. aBIlO/ZOOS YEs...........IIl'\lII",......_- 1N5,COI'EMBl""'''E ~"'Of"S -NO> ~""'- .....'" UFE~'lC!:: o-crusit>;T"'~ 1 I PlimllryBcmwet::: ~ 0 " 3~B7B .32 17&4 " PnmarylCo-9C11TOW.ILU: tloil_'_Of/lfe",-.JSQ_lIOII,_~~~""""P~" SinIJIeUt. Ci JoiN.u.~x ........-,.....a.mt>urt"'"Ybo..o..d\ll$&l,llClQ OISABIUTY INWAANCE Jolonhy"'ymero I ,498311 TEIWOFlN$_...~ MDN'TltI.YllEI>IEFn" ~""'" ""'----'. I I~ - " <156.31 5if9lt1il;rolJNyEix 1.3;.1) ?.3 ,,-,_:J\.l: .........0 w...m~~~:~!n~b I"ri'>>a'l'.......... ::i~ ~= ,...."."..~r::J ~.--.y"lfllHl'tly"""""___ T cm't\r~l~m~l ~~.....c...eo..eo- ~~2, 1\ RS~~,~~~ p.o. 80;C 955 1:r~~~I'~_kJl~C:_==~ln~sa=~~rnr:.~wlT,r&'~~y If.~~ your ... You .ra Ca~i07~ 'B_ ~ben ~ R1lU1lhty boIn:BW.nd yoWl lJ>l>>1lh.Iy l~n p..Iymant. "" lh. AJlPI'OVIIIotR",ectiUlofth/.ac.rur~. Thllceltlflt:8\etlCllJUla~' _"="lor)'flll'diSllbllftyl=Jmdlarnft,lMu~.YI)U"'ll1no1 ...~.. djsabj.llty . YOU CSIs; durin!: 1M 'Irll ti'lfIoMt'o. co~.rt. I" ruull: 01 VI m",.,u. diuue-orDhyaie61 01\ lor whit ~ite "cl.mtolfac:'lad\l'~ctI. ul\J,1on<< 1_1'Jl~l.lrln!:lthl:6month. betor.1he...ftaetlW"t'..... _JM.lh.:llIe .I'IeftT.WiII':Ii!U.U1.,. palplDfUle l\S.unl'lCll ypllrd""thortoal .r>d~dl$abl'lrlt~fi'OIII.coniftOnfDr you v 1i"I8d~. CCIIU....~dl1t9I1O..lsor tr~nt. trom. pt!yaillCan wtth1n a ~ _tor.lht ett.el >Ie o.te Of C:OVti1tOlt ami tIJIl Et..th Dr Ictal.no I*lf\a....nt dlUClUty OCCUI'I cunnp 1M 'IltIt 6 rnDMhs bI covengt. Rc~ to rout ~li",.ll)l' Il,ll"lhlr o.talb.. W~~I:rr.==~~~""~~!t!!~~~~w:~c:~~J:"'r:::-: :f~I";:~tonna.tlDn~.,.IKt~:}:'~~ocomit:il.. ~llIln.ur~ II:l, 'IWftIch Is , ~IM IndSUbtKU w;h ~alln\o ~11Ind t:lvllll APP'UCAilDN FOR GFlOllP CREM JHSUR4NCE 1. l\'hiIl.ll)'U.ITamtI!'Il.tS)? PM\aJvBcmaw'f alii Ct,.~er r (Uuimumi$!;Ul!.g.iI;~lIlan661 2. Hll"')'IllIwIItlinlheWl5l""lS~lhte#etiWt ~ellorbNn.0VI51l lCIKfI~~..llYiCeDflrealmen\IOI c"nc:.r 01 afly ~lIjDgn of "" HN11, ""-Iitl. Brain. U....l. Killneys or l.wto!. 0( tl)[ StJokt, Oepr.;s;ion, Mil1'11l11 QiwT!ltr. U~H~NIITVgUliSyQmOI!101!:r.Orull.....-~.~bD6smor~lltS~ Ptimar)'&cm'owllr.....Yetl.U.Ho -C~r(~anyl =Ye,::XxNo 3. =~~dl~:nts':~cJrWU& IHIV}Clr~~1I9aIln8nIbr~lrmu1e Primar)'B0rr0w6r':J'Y.,(D:No c~[jlany)D'Y":)J;t"'tl t. ~llyouWOll<in;1orWilges~prblj1lalStl'\aJl3CLt\ClUl1.wMk.gnltle.tte.:ti...~~~.~ _ PnmllYEl/)nClYltlr ':::J 'I'M raNe C-lr6ofrtlwef{ilanyl _ Yes _u~ S. Ha~yw~NJpt 1 ytlaJfIl=-i.-.d rnaQicalall\lie:t orli'lallHnlhlra s,.rm.Snin Dr Oi5l>l'lleIllllho e.ack..SpilIt.orNedr.? I"limarya~DYNID.NO Co-B~{lIar'lY'l :JYe.sll.n~ Ihmby~lorhCndlt~~~~~1lbD\Ill. By~be.lcI<'IIl'.IR!PfewA:Il;e.oove~.,..1nJt. ~~~~n~~:~a ha~':~~~.fB~l:l~~~~~~=~~QnItUOaIe. ltu~l STATEMENTS IN 'I1./1S APPL1CAilON WIll NOT BE USEO rN A CONtt$T UNl.ESS ALL APPROf>RIATE $PI\CES A~E COMPlETED AND THE APPLICATION IS SIGNEO BY YOU. DA'JE.O AND WITNESSED. DO NOT SIGN THIS -'PF'UCATIDN IF At;'( SPAtES A.PPLlCABLE TO THE BORROWER ELE E COVERAGE A"lD TO 'l"H!; COVEF\A.GE ~ ELEc-reO ""V< NO'.~lEtE \.Jt7njf" ,(JI')+!{. "~n')[r~rln~ ~,' P ary BO/n)Wlr o-Bonower iI' .lIe ~~ FORl,olli7""(""f7/ fCRMB97 {41lr71 SIftGl..EPREItlUM GR()U~ CREDfT LIFE AND JJiSA.BIUTY t;EImAC;ATE GRO!:S DEeREASltfO-TeAUI . 1HClt1Pl'HG tOTAL AND PEFl~ DlS1\8n.m' BENERr I-IOMf ,-~:-t.~~ :;:opr .___..0_____ J, DEPOSITION EXHIBIT -.,~ 0'. V_I", .....'_.,~. ," ~ /;/1 z/~'r 2 $I; "'l' Universal Underwriters Life Insurance Company __ (A Slock Company) 7045 College Boulevard . lOAN APR Overland Park, Kansas 66211-1523 ACCOUNT NO. CERTIFICATE NO. 2450860 SCHEDULE lAST NAME AGE SOCIAL SECURITY # FETTERHOFF 10.94 MI. S DOB FIRST NAME SONYA Primary Borrower (Called You) o-Borrower Also Called You ZIP TELEPHONE NO. STATE PRIMARY BORROWER ADDRESS - STREET CITY 7073 CARLISLE PIK SCHED. EXP. DATE OF LOAN INS. EFFECTIVE DATE DATE OF FIRST lOAN PYMT. INSURANCE! LOAN TERMS 07/26/2002 SCHEDULED EXP. DATE OF LIFE INS. 09/10 2002 08/10/2008 YES, I want to apply for the insurance checked LIFE INSURANCE Primary Borrower 0 Co-Borrower 0 Primary & Co-Borrower [XX Single Lile 0 Joint Lile OX PREMIUM TERM OF INS. . MOS. INITIAL COVERAGE INS. COVERAGE TYPE Decreasing Term 72 35878.32 1764.85 The maximum amount of life insurance is $50,000. With prior approval and more proof of insurability, the amount may be raised to $60,000. 498.31 72 498.31 1661.17 XX XX XX Second Beneficiary named by Primary Borrower sIc~JNe~eficiary named by Co~8orrower Cro~fkEn~~ft~fRLrlAddress) 400 ORSHAH R AD P.O. BOX 955 Note: You are insured only for the coverages specified in the Schedule where a premium charge is shown. If youl initial indebtedness is greater than your Decreasing Term Initial Coverage, this insurance will not completely pay oft your debt. See the Approval of Risks section of this Certificate. This certificate contains a pre-existing condition exclusion for life insurance, The life benefit will equal the premiulT paid for life insurance if your death or total and permanent disability results from a condition for which you receive~ medical advice, consultation, diagnosis or treatment from a physician within 6 months before the effective date 01 coverage and the death or total and permanent disability occurs during the first 6 months of coverage. Refer to YOUl certificate for further details. WARNING: Any person who knowingly and with intent to defraud any insurance company or other person files ar application for insurance or statement of claim containing any materially false information or conceals for the purpOSE of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crimE and subjects such person to criminal and civil penalties. APPLICATION FOR GROUP CREDIT INSURANCE 1. What is your current age(s)? Primary Borrower :19 CO'Borrower ----32--. (Maximum issue age is less than 66) 2. Have you within the last 5 years belore the effective date received or been adviseino receive medical advice or treatment 101 Cancer or any condition 01 the Heart, Arteries, Brain, Liver, Kidneys or Lungs, or for Stroke, Depression, Mental Disorder Uncontroiled Hypertension, Nervous System Disorder, Drugllependency, Alcoholism or Diabetes? . Primary Borrower 0 Yes lJJX No Co-Borrower (i1 any) 0 Yes CXXNo 3. Have you ever tested positive lor the human immunodeficiencv virus (HIV) or received medical treatment for Acquired Immun! Deficiency Syndrome (AIDS) or an AIDS related complex (ARC)1 Primary Borrower 0 Yes I!/X No Co-Borrower (il any) 0 Yes ClXNo . Xx xx I hereby appiy for the Credit Insurance Coverage described ~ve. By signing beiow, i represent the abo~ statements are true correct and complete to the best of my knowledge and belief and a copy of this application was given to me on this date. I lurthe understand that I am not eligible lor insurance ill have answered Yes to any 01 the questions listed above. STATEMENTS IN THIS APPLICATiON WILL NOT BE USED IN A CONTEST UNLESS ALL APPROPRIATE SPACES ARI COMPLETED AND THE APPLICATION IS SIGNED BY YOU, DATED AND WITNESSED. DO NOT SIGN THIS APPLlCATIOI IF ANY SPACES APPLI..C. ABLE.TO THE BORRO.. WE..R ELECTING HE COVERAGE AND TO THE COVERA~E . I ELECTED HAVE NOT BEEN COMPLETED, _ -, ~ 'Ii'luna! x1 dH:fJlm/!.L - iJ;2;;./ (,~ ' 97626/2992 ."~ Prirff'a,y Borrower ~ '"'D() o-Borrower (i applicabl atr!,/ Witness FORM 897 APP (4/97) CONSIDERATION We certify that if you have signed the application and any supplemental applications, and we have been Raid the premiun shown in the Schedule you are insured lor the coverage shown in the Schedule and as provided in the Policy issued to th, Policyholder/Creditor. PAYMENT OF CLAIMS Claim payments are made to the Policyholder/Creditor named in the Schedule to payoff or reduce the loan. If claim payment ~r!l more than the balance 01 the loan, the difference wiil be paid to the Second Beneficiary designated above, if any and liVing. Otherwise payment will be to your estate. For joint life coverage, the difference will be paid to the survivor or in th event 01 the simultaneous death 01 both 01 you, the difference will be distributed equaily to the named Second Beneficiaries c to the estates of the insureds. .. . .. . SINGLE PREMIUM GROUP CREDIT LIFE CERTIFICATE . DECREASING TERM dr FORM 897L (4/97) INCLUDING TOTAL AND PERMANENT DiSABILiTY BENEFIT ,,"""....J. \ j u 1,\ 3s ( BORROWER'S COPY I . . . TELEPHONE 1-888-884-2524 UNIVERSAL UNDERWRITERS GROUP 7045 COLLEGE BOULEVARD OVERUlND PARK, KANSAS 66211 MEMBER COMPANIES UNIVERS...., l)ND{RWRtHR$ INSURANCE COMPANY UNIVERSAl UNDfRWIUHRS lifE INSURANCE COMPA:-.lY UNIV~RSM UNDfRWRUfRS SfRVICf CORPOMtlON UNIVERSAL UNDERWRiTERS Of TEXAS INSURANCE COMPAN'! UNIVERSAl uNDW[j:(WRIHR$ ACCEPTANCE CORPORATION UNlVER~Al UNDERWRITERS iNSURANCE SERVICES, lNC UNIVERSAL UNDER,WRIHRS /NSURANCf SERVICES Of TEXAS. lNC. IJN!VfRSAL UNO{RWRlTERS INSURANCE SERVICES Of ALARAMA, \NC 07/31/03 Sonya 5. FetterhoH 7073 Carlisle Pike Lot 103 Carlisle PA 17013 Re: Credit Disability Benefits Claim No: C03002307 37 Dear Sonya S, Fetterhoff: A review of this claim for Credit Disability Benefits has been completed, If you will refer to Certificate/Policy No: 0002450860, eHective 07/26/02, under the section entitled APPLICATION FOR GROUP CREDIT INSURANCE, you will note it states in part: 2. Have you within the last 5 years before the effective date received or been advised to receive medical advice or treatment for Cancer or any condition of the Heart, Arteries, Bra;n, liver, Kidneys or lungs, or for Stroke, Depression, Mental Disorder, Uncontrolled Hypertension, Nervous System Disorder, Drug Dependency, Alcoholism or Diabetes? By signing this application you indicated the statement was true to the best of your knowledge and belief, According to information received from Dr. Gallagher, you received medical advice and treatment on several dates during the period of 1/21/02 to 5112/02 for Mental Disorder/Depression. Since you received medical advice or treatment for Mental Disorder/Depression during the 5 years before the effective date, you were not eligible for the credit life and Disability coverage at the time of purchase. Therefore, the contract is void and the credit life and Disability premium in the amount of $3,093.58, is being returned by Universal UndelWriters life Insurance Company to Chl)'sler Financial. We regret we are unable to be of assistance. However, if you have any questions or additional information which may have a bearing on our decision, please contact us toll free at 1-888-884-2524. If your loan has not been satisfied, a separate letter has been sent to your creditor as notification of our decision, copy enclosed. Sincerely, DEPOSITION EXHIBIT Universal Underwriters Life Insurance Company by: Vicki L. dJ-j "Iz,l-Ic<{ S(I ..** File Copy **"'. ***. File Copy **** .*.. file Copy .u* ...* File Copy.... . . tJ 0 reA. I.' III de-x: Deposition of Sonya Fetterhoff on 11/22/04 - , - . '04 [1] 9: 9 - 0 - 03 [2] 2:25; 23:7 04-303 [1] 1:4 - 1 - . 1 [8] 2:23; 15:13, 19; 17:12; 20:20; 22:2, B, 13 103 [2] 5:11; 16:12 1268 [1] 2:7 14 [1] 22:2 15 [2] 2:23, 24 15th [1] 25:18 17013 [2] 2:4; 5:12 17108-1268 [1] 2:B 19 [1] 2:3 192-66-4531 [1] 6:10 1972 [1] 6:B 1990 [1] 7: 11 1998 [1] 11: 11 - 2 - . 2 [12] 1:16; 2:24; 15:15, 22; 16:B; 17:17; 20:21; 22:2, B, 11, 13, 16 2000 [2] 13 :10, 15 2001 [1] 9:B 2002 [23] 11:11; 12:3, 13, 16, 17; 13:4, 8, 1B, 19; 14:9, 25; 15:4; 16:15; 17:13; 18:15; 19:23; 20:11; 25:1B; 26:17, 1B, 24 2003 [4] 10:2; 23:11, 17, 22 2004 [1] 1:15 21 [1] 2:24 22 [1] 1:15 23 [1] 2:25 26 [1] 27:10 26th [1] 1B: 15 29 [1] 17:13 - 3 - 3 [8] 2:21, 24; 21:19, 23; 22:B, 12; 23:5; 27:10 30 [2J 1B:14; 19:2 31 [2] 2:25; 23:7 31st [3] 23:11, 22; 24:15 32 [2] 6:6; 17:15 320 [2] 1:17; 2:7 - 4 - 4 [6] 2:25; 1B:13, 25; 23:7; 24 :4, 15 40 [2] 1B:16, 17 465 [1] 6:1 498.31 [1] 24:24 - 5 - 5 [1] 20:23 50 [1] 1:16 - 6 - 6 [lJ 6: 8 6265 [1] 1:24 - 7 - 7 [2] 2:25; 23:7 7073 [2] 5:11; 6:23 717-545-3553 [1] 1:25 - 8 - 8 [1] 22:2 - 9 - 9 [1] 6: 8 - A - able [1] 26: 13 above [6] 1B:15; 20:25; 21:2, 8; 23:4 action [2] 1: 3; 2B:16 actually [1] 26:16 adam [1] 14:20 adam's [1] 14:21 addition [2] 6:2; 12: 15 address [5] 5:10, 13; 6:23; 16:11, 12 adjusted [1] 24:1B advice [1] 17: 20 advised [3] 17:19; 19:13; 24: 13 advising [1] 25:21 affirmed [1] 28:7 after [B] 7:17; B:11, 12; 20:23; 23:16, 21; 24:14; 25:19 again [3] 20:20; 22:11, 15 age [3 ] 17: 11 , 13; 20:1 ago [2] 4:8; 11:7 alcoholism [1] 17:24 along [1] 20:22 al though [1] 16:19 among [1] 12:7 amount [4] 24:5, 1B; 25:7, 13 answered [4] 15:23; 19:11; 21:7; 23:3 answers [10] 4:2, 5, 18; 7:B; 17:9; 1B:2:;; 19:1, 7, 8; 22:16 anyone [2] 6:22; 14:24 anything [ 1 ] 10:23 apex [ 1 ] 1: 23 appear [1] 22:20 appearances [1] 2:1 Apex Reporting Service 717-545-3553 appeared [1) 25: 15 appears [2] 16:20; 23:4 application [11] 2:23, 24; 15:13, 15, 20; 16:25; 21:4, 19; 23:16, 21 applied [1] 23:1B apply [2] 20:24; 22:24 approximately [2] 5:25; B:19 april [1] 25:1B area [1] 20: 15 areas [1] 12: B aren't [1] 16:19 arisen [1] 11:13 around [2] 25:1B; 26:17 arteries [1] 17:21 ask [7] 3:21, 22, 23; 4:2; 14:1B; 16:4; 17:B asking [2J 3:23; 19: 8 aspects [1] 20:12 association [4] 9:24; 10:1, 6; 1B:20 assume [1] 6:22 attend [2] 7:5, 25 attending [1] 8:7 aware [2] 12:6; 20:10 - B - back [5] 4:B; 7:9; 20:7; 24:1B; 25:B background [ 1 ] 7:2 baric [1] 2:3 beaver [1] B:10 because [6 J 15:24; 19:19; 20:13; 22:2; 24:17; 26:10 before [9] 3:15; 4:5; 6:16; 14:22; 17:1B; 19:23; 20:10; 22:25; 2B:B begin [3] 13: 14; 16:15; 26:16 Deposition of Sonya Fetterhoff on 11/22/04 e begins [1] 20:24 behalf [1] 3:18 being [6] 19:12, 14, 19; 20:13, 14; 28;6 belief [1] 21;4 believe [1] 14:4 below [2J 18:2; 21:2 benefits [6] 10:18, 22; 23:16, 18, 22, 25 beside [2] 6:11; 18:3 besides [1] 19;24 best [1] 21:3 between [3] 3:4; 12 : 3, 12 beyond [1] 8:3 birth [1] 6:7 blank [3] 2:23; 15:13, 20 blanked [1] 21:17 blocks [1] 18:2 booklet [2] 4:3; 25:2 borrower [7] 16:7, 11; 17:12; 18;3, 6; 22:21 both [3] 16:1, 21; 19:1 bottom [2] 20:22; 21:16 box [4] 1: 24 ; 2:7; 18:7, 10 brain [1] 17:21 break [4] 4:23; 5:5, 6; 23:1 brenner [9] 2:6, 21; 3;11, 16; 15:17; 21:21; 23:9; 24:3; 27;7 brief [1] 22:25 business [2] 7:14; 10:11 buy [1] 16:16 - C - e e camp [1 J 11: 6 campus [lJ 7:19 can't [1] 8:22 cancer [1] 17:20 car [1] 19: 5 carefully [1] 3:22 carlisle [5] 2:4; 5:11; 6;23; 16:12 caused [1] 13; 14 center [2] 12:16; 13:17 certain [1] 11:16 certificate [4] 7;22, 23; 8:1, 11 certify [2] 28:4, 15 certifying [1] 3:6 change [1] 25:6 check [2] 25:7, 8 checked [3] 18:7, 11; 19:1 children [1] 6:19 chrysler [2] 24: 6, 13 church [2] 9:3, 4 civil [1] 1:3 classes [1] 7;25 clear [3] 4: 12 , 15; 22: 15 clerk [1] 10: 8 co-borrower [3] 18:3, 10; 22:21 colleague [1] 13: 16 college [2] 8;7, 13 common [lJ 1: 1 c01llIllonweal th [1] 28:4 company [6] 1:6; 3:17; 10:14; 20;18; 23;13; 25:8 complete [1] 21:3 completed [5] 2: 24; 15: 15; 21:11, 19 concluded [1] 27:10 condition [1] 17:20 consider [1] 19:18 considering [1] 20:1 copied [1] 15:23 copy [5] 15:20, 22; 21:4, 10; 24;10 correctly [2] 17:25; 21:8 couldn't [1] 27;4 counsel [3] 3:5; 4:22; 28:15 county [3] 1:1; 3:18; 11:1 couple [1] 26:5 coupon [1] 25:2 courses [1] 10:21 court [1] 1: 1 coverage [2] 16:21; 20;24 creamery [1] 8:10 credit [5] 16:25; 20:24; 22:25; 25:7, 14 cumberland [7] 1:1; 3:18; 11:1; 14:14, 16, 24; 16;16 customer [1] 14:21 - D - date [6] 1:15; 6:7; 17:19; 18:15; 21;5 dated [1] 23: 11 days [2] 20:3; 25:22 deal [2] 4:16; 10:17 dealership [6] 14:12; 19:6; 21:11, 13, 15, 24 dealing [2] 14: 12, 16 dealt [1] 14:24 decide [2] 15:2, 10 decision [1] 14:10 defendant [3] 1:7, 19; 2:5 degree [1] 7;21 demanded [lJ 1:7 dependency [1] 17:24 deposition [12] 1:10; 3:19; 11:5, 24; 15:13, 15; 21:19; 23:7; 27:10; 28;5, 8, 12 depressed [2] 20: 1, 3 depression [18] 11:20; 12:5, 8, 11; 17:22; 19:12,13, 17, 19, 20, 21, 24; 20;4, 8, 11, 14; Apex Reporting Service 717-545-3553 22:17; 26:10 diabetes [1] 17:24 diagnoses [lJ 19:23 diagnosis [3] 12:4; 19:17, 18 didn't [1] 25:12 different [2] 10:16; 20:15 direction [2] 26:25; 28:11 director [2] 9:3, 7 disability [3 J 15:10; 23:16; 24:17 discomfort [1] 25:21 discussion [2] 21:18; 24;2 disorder [2] 17:22, 23 distribution [1] 10:12 doctors [2] 12;18; 13:3 document [2] 15:19; 16;3 documents [4] 15:18; 16:1, 5; 24:7 doesn't [1] 21:12 don [1] 5:20 dougherty [3] 1;23; 28:3, 20 down [3] 16:24; 20:22; 28;9 drug [1] 17:24 dubois [6] 7:6, 10, 20; 8:4, 7, 12 duly [1] 28: 6 during [2] 13:20; 14;5 - E - each [2] 18:4; 22:17 earlier [2] 7:8; 22:12 easier [1] 16: 2 education [2] 7:15; 8:3 educational [1] 7:2 effective [2J 17:19; 18:14 Deposition of Sonya Fetterhoff on 11/22/04 e eight (1] 5: 14 eleven (1] 6:15 eligible (2] 21:7; 23:2 else (2] 6:22; 12:20 employed (1] 9:2 employment (5] 8:12, 21, 24; 9:23; 23:17 ends ( 1 ] 23: 1 entitled (2] 4:24; 16:25 enumerated (1] 22:7 esquire [2] 2:2, 6 even (1] 19: 15 ever [9J 6:16; 10:13, 16, 21; 11:1; 14:21; 20:18; 24:9, 13 every [1] 25:4 examination (3] 2:20; 3:10; 28:14 examined [1] 28:6 example (1] 17:11 except (1] 3:7 exhibit (12] 15:13, 15, 19, 22; 16:7; 21:19, 23; 22:12; 23:5, 7; 24:4, 15 exhibi ts (3] 2:23; 20:20; 22: 13 expectation (lJ 9:15 e - F - . facilities [3] 8:17; 12:17; 13 :3 factually (1] 23:15 family (8] 7:24; 8:1; 11:5, 9; 12:15; 13:17; 26:6; 27:1 far (1] 16:6 feel [1] 20: 3 feeling (1] 26:9 fellow (1] 17:5 fetterhoff (6] 1:3, 11; 2:10, 20; 3:14 few [2] 11:6; 25:22 fibromyalgia [12] 11:17; 13:2,12; 14:6; 19:14, 24; 20:2, 4, 5, 7, 12, 15 file (1] 24: 6 filed [2] 3:18; 11:1 filing (lJ 3:6 filled (2] 15:22; 20:10 filling (1] 19: 16 financial (2] 24:6, 14 financing (1] 25:8 find (1] 9 :20 fine [2] 4:13; 24:12 finished (lJ 8:11 first (2] 24:8; 28:6 five (3] 12:2; 17:18; 19:16 following (1] 25:7 food [1] 10:12 form (17] 3: 7 ; 4:3; 15:20; 17:1; 19:17; 20:11, 20, 25; 21:10, 12, 14; 22:2, 8, 9, 11, 21; 23:5 forth (3] 17:8, 11; 28:9 frame (9] 9:6, 25; 12:16, 21; 13:5, 7, 18,20; 19:16 front [2] 21:22; 23:10 full (1] 3: 12 full-time [3] 9:13, 23; 18:22 fully (1] 4: 11 further (3] 21:6; 23:1; 28:15 - G - gallagher [7] 11:5, 15; 12:6, 11; 23:24; 26:13, 16 gallagher's (6] 11:8, 12, 23; 19:22; 20:17; 25:19 gathered (1] 24:7 gave [1] 16:1 give (2] 4:2, 5 given (3] 21:5, 10; 28:13 goldberg (2] 1:17; 2:6 good [2] 8:14, 15 got (2] 21:13, 14 graduate [2] 7:3, 10 group (3] 8:18; 16:25; 23:11 - H - half (2] 5:14; 6:15 handed (lJ 15:18 handled [1] 25:3 hard (1] 20:21 harder (1] 15:25 harrisburg (3] 1:18, 24; 2:8 having (2] 25:19, 20 head [1] 4:19 health (9] 9: 24; 10:1,6; 11:12; 12:15; 18:20; 20:1; 23:17; 27:1 hear (2] 4:4, 19 heart (1] 17:21 helping (1] 17:5 hereby [5] 3:4, 6; 20:24; 22:24; 28:4 herein (1] 28:9 high (5] 7:3, 5, 13, 15, 17 hill (1] 11: 6 history (1] 8:6 home [6] 5:15, 17, 19, 23; 6:2; 8:18 hours (8] 9:15, 17, 18, 21; 18: 14, 16, 17; 19:3 husband (4] 6:11; 14:9; 16:9; 22:22 hypertension [1] 17:23 - I - Apex Reporting SelVice 717-545-3553 identification (4] 15:14, 16; 21:20; 23:8 important [1] 4:4 includes (1] 22:17 indicate (2] 19:2, 15 indicates [1] 16:14 indicating [1] 23:23 indication [2] 25:6, 14 industries [1] 8:14 information (4] 16:6; 17:4; 20:7; 23:23 instruction (1] 4:6 instructions (1] 5:8 insurance [16] 1:6; 3:17; 10:13, 17, 22; 15:21; 16:14, 21, 25; 20:17, 24; 21:7; 22:25; 23:2, 13; 25:9 in tending ( 1] 16:20 interaction [1] 19:5 interested [1] 28:17 interests [1] 3:16 issuance [1] 25:7 issued [1] 24: 14 issues (2] 10:18; 11:12 item [1] 18 :25 - J - j-a-n-t-o-n [1] 12:23 janton (6] 12 :22; 13:1, 8, 11, 15; 27:6 january (6] 12:3, 12, 16; 13:4, 18; 14:5 jeep (4] 15:4; 24 :19, 21, 23 job [ 5 ] 10: 5 , 13; 18:16, 19, 22 Deposition of Sonya Fetterhoff on 11/22/04 . jobs [1] 10:17 july [14] 12: 13, 17; 13:4, 19; 14:9, 25; 16:15; 1B:15; 19:23; 20:11; 23:11, 22; 24:15; 26:24 jury [1] 1:7 - K - kathy [3] 26:2, 8, 20 katzman [2] 1:17; 2:6 keep [1] 4: 1B kidneys [1] 17:21 knowledge [1] 21:4 - L - . l-e-i-b-y [1] 5:21 lady [1] 3: 25 last [6] B:23; 9:2, 23; 14:20; 17:1B; 25:6 later [1] 26:17 law [1] 1:3 lawsuit [2] 3:17; 10:25 lawsuits [1] 11:2 leaving [1] 23:16 left [1] 21:24 leiby [1] 5: 20 less [1] 1B: 14 let's [2] B:23; 20: 20 letter [6] 2:25; 23:7, 10, 12, 22; 24: 14 letterhead [1] 23:12 liberty [1] 15:4 life [2] 1:6; 3:17 like [4] 17: 4; 21:12; 22:7; 25:24 listed [3] 17:12; 22:B; 23:3 listen [1] 3:21 listing [2] 16:B; 26:14 little [3] 15:24, 25; 22:20 lived [1] 5: 13 . liver [1] 17:21 located [1] 10:3 long [6] 5: 4, 13; 6:14; 7:25; 11:8; 13:B longer [2] 22:1, 3 look [5] 16: 2; 18 :25; 20 :20; 21:12; 24:9 looking [2] 22:6; 25:5 looks [3 J 17: 4 ; 22:7; 25:24 lot [4] 5: 11 ; 6:3; 16:12; 25:20 lovely [1] 3:25 lower [1] 22:21 lungs [1] 17:22 - M - made [2] 23:15; 28:14 major [1] 7:12 make [3] 4: 11 , 14; 14:10 making [2] 4:1; 19:24 manager [1] B:16 many [1] 9: 15 march [2] 10:2; 23:17 marked [B] 2:23; 15:14, 16, 19; 21:20, 23; 23:B; 24:15 market [3J 1:17; 2:7; 11:6 marriage [1] 6:19 married [3] 6:14, 16, 17 materials [1] 24:7 may [1] 12:3 meadow [1] 8: 10 mechanicsburg [1] 10:4 medical [7] 12:2, 17; 17:20; 19:15; 25:25; 26:15 medication [2] 4:10; 12:10 medications [7] 13:19, 22; 14:2, 5; 26:25; 27:4, 5 medicine [2] 11:6; 13:17 mental [6] 9:24; 10:1, 6; 17:22; 18:19; 23:17 mentioned [2] 11:16; 27:3 met [1] 3:15 methodist [1] 9:5 microfiche [1] 15:24 middle [1] 22:8 middlesex [1] 9:5 might [1] 16:2 mine [1] 21:16 mobile [5] 5:15, 17, 19, 23; 6:2 moment [1] 20:21 monday [1] 1: 15 money [1] 25: 13 month [6] 5:25; 9:17, 1B, 21; 24:25; 25:4 months [1] 11:7 more [3] 9:20; 1B:16; 19:2 motors [2] 14:14, 25 much [2] 5:25; 24:23 - N - name [ 4 ] 3: 1 2 , 15; 14:20; 26:4 named [1] 2B:5 necessary [1] 20:7 neither [1] 2B:15 nervous [1] 17:23 never [1] 19:25 new [2] 15: 'J, 8 next [2] B:12, 21 nod [1] 4:19 none [1] 27:9 nor [2] 2B:16 notary [1] 2B:3 note [1] 25:25 noting [1] 12: 7 november [2] 1:15; 26:1B now [2] 16:24; 21:23 nurober [1] 6:9 nurse [1] 26:3 - 0 - Apex Reporting Service 717-545-3553 o'brien [4J 2:2, 3; 4:24; 27:9 objections [2] 3:7; 2B:13 obligation [1] 24:1B obviously [1] 15:24 occasion [1] 26:9 office [13] 10:3; 11:6, 8, 12, 17, 19; 12:12; 19:22; 20:17; 25:19; 26:15, 21; 27:1 offices [1] 1:17 old [1] 6:5 one [ 1 0 ] B: 17 ; 12:8, 11; 15:19; 19:23; 20:8, 11; 21:13; 25:15 only [1] 9:17 oral [1] 1:10 original [1] 21:24 outcome [1] 28:17 over-the-counter [1] 27:5 overly [1] 5:4 owe [1] 25:12 owed [2] 24:19; 25:7 own [1] 24:21 owner [1] 5:17 owns [1] 5:19 - p - p-o-I-I-o-c-k [1] 25:25 pa [4] 1: 24; 2: 4, 8; 5: 11 page [2] 2:19; 16:24 paid [1 J 9: 11 pain [2] 4:10; 25:20 paper [3] 22:2, 3; 25:12 paragraph [2] 22:24; 23:4 part [5] 12:4; 15:9; 24:6; 26:14, 17 particular [1] 14: 15 parties [1] 3: 5 party [2] 11: 1; 2B:16 Deposition of Sonya Fetterhoff on 11/22/04 e pay [3] 5: 23, 25; 6:3 payment [1] 24:16 payments [lJ 24:23 penn [1] 7:18 pennsylvania [3] 1:1, 18; 28:4 people [1] 10:18 per [1] 24:25 person [1] 14:15 pets [1] 6: 25 photocopy [1] 21:23 physically [lJ 5:3 physician [2] 11:9; 12:12 picked [1] 4:20 pike [3] 5:11; 6:23; 16:12 pinnacle [3] 11:5; 12:15; 27:1 place [2] 1:17; 28:9 placed [2] 21:22; 23:10 plaintiffs [2] 1: 4; 2: 2 pleas [1] 1: 1 please [1] 3:13 point [4] 4:7, 23; 5:5; 17:15 policies [1] 10:22 policy [2] 15:10; 24:17 pollock [5] 25:25; 26:1, 2, 8, 21 position [2] 9:11, 21 post [1] 7: 15 practice [1] 26:6 practitioner [1] 26:3 premium [2] 24:5, 16 prescribed [1] 12:11 prescription [1] 26:25 present [5] 2:10; 5:10; 10:25; 11 :4, 23 presently [1] 8:24 primary [6] 16:7, 11; 17:12; 18:2, e e 6; 22:21 printed [1] 22: 1 prior [8] 10:5, 25; 13:8; 14:25; 19:16; 26:20, 24; 28:5 probably [1 J 15:23 problems [1] 20:2 proceedings [2] 4:25; 5:7 produced [4] 15: 13, 15; 21:19; 23:7 profit [1] 18:14 program [1] 8:12 programs [1] 10:22 provided [4] 11:19, 20; 17:9; 20:6 providing [1] 19:7 psychiatrist [1] 19:20 psychologist [1] 19:21 public [1] 28: 3 purchase [5] 14:10, 13; 15:3, 10; 16:20 put [1] 7:9 - Q - question-and-answ [1] 3: 20 questions [14] 3:21, 22; 4:2, 4; 16:5; 17:3, 8; 19:6; 21:8; 22:6, 7, 9; 23:3; 27:7 - R - r [2] 3: 1; 28: 1 read [10] 7:7; 15:25; 17:24; 19:9, 12; 20:21, 22; 21:8; 22:12, 25 reading [2] 19:6, 7 reads [1] 17:17 reason [2] 12:25; 26:9 reasons [1] 14:7 recall [6] 8:22; 13:22; 25:5, 11, 18; 27:4 receive [1] 17:19 received [4] 17:19; 23:22, 23; 24:16 receiving [4] 10:8; 23:12; 24:17; 25:11 recollection [1] 25 :22 record [6] 3:13; 4:1; 21:18; 22:15; 24:2; 28:12 records [6] 12: 3 ; 19:15; 20:16, 18; 26:5, 15 reduction [1] 25:15 refer [1] 16:3 reference [2J 22:17; 24:5 references [1] 12:2 referred [1] 13: 16 regard [1] 18:6 rejecting [1] 23:24 related [2] 24:7; 28:16 remember [9] 7:7; 10:6; 13:24; 14:1, 19, 20; 23:12; 25:24; 26:8 ren t [2] 5: 23 ; 6:3 rephrase [1] 3:24 reporting [1] 1:23 represent [2] 3:16; 21:2 represented [1] 4:22 request [1) 23:25 reserved [1) 3:8 reside [1) 6:22 resident [1) 8:16 respective [1) 3:5 returning [1] 24:5 review [2) 20:16; 26: 13 robert [1] 2:2 Apex Reporting Service 717-545-3553 - S - s-i-g-m-a [1] 10:9 sales [1] 14: 15 salesman [1) 19:7 same [1] 22:12 sat [1] 12: 1 saw [IJ 26:4 scherer [1] 2:3 school [5] 7:3, 5, 13, 15, 17 sealing [1] 3:5 seated [1] 6:11 secondary [1] 16:7 section [1] 16:24 security [1] 6:9 see [7] 3: 25; 17:1; 19:20; 20:18, 25; 22:9; 26:16 seeing [6] 12:20, 25; 13:7, 9; 25:19; 26:20 seen [3] 19: 13 ; 24:9; 26:5 sent [1] 19: 20 sentence [2] 20:23; 23:1 september [3] 9:8, 9; 10:2 series [2] 3:21; 17:3 serve [1] 9:6 service [3) 1:23; 7:24; 8:1 session [1) 3:20 set [3] 17:8, 11; 28:9 shake [1] 4: 19 sharon [3] 1:23; 28:3, 20 sheet [1] 22:3 show [1] 24:8 shown [IJ 18:15 sigma [2] 10:8, 11 signatures [3] 22:20, 22; 23:5 signed [1] 22:16 signing [1] 21:2 since [2] 11:10; 13: 10 size [1] 22:3 smaller [1] 15:25 social [1) 6: 9 solely [1] 13: 11 someone [1] 25:19 something [4) 14:11, 15, 18; Deposition of Sonya Fetterhoff on 11/22/04 It 15:24 sometimes [1] 9:22 sonya [13] 1:3, 11; 2:20; 3:12, 14, 15; 6:5; 15:18; 16:B; 21:22; 23:10; 24:4; 27:B sort [1] 10: 23 sound [1] 26:18 south [1] 2:3 spot [1] 16: 20 square [2] 2:7; 16:19 staff [1] 12: 7 standard [1] 22:3 state [2] 3:12; 7:1B statement [1] 25:4 statements [3] 21:3; 25:6, 15 stating [2] 20:B; 25:12 stenotype [1] 2B:I0 steven [ 11 ] 1: 3 ; 2:10; 6:14, 17, 21; 16:B; 17:15; 1B:10, 22; 19:2; 22:16 still [1] 24:21 stipulated [1] 3:4 straightforward [1] 4: 14 strawberry [1] 2:7 street [4] 1:17; 2:3, 7; 11:6 stroke [1] 17:22 study [1] 7:12 subject [1] 12:B submitted [2] 20:17; 23:21 subscribed [1] 20:25 sue [1] 3 :14 supervision [1] 2B:11 supposed [1] 9:16 surgery [1] 4: B suspend [2] 4:25; 5:6 sworn [1] 2B:6 symptom [1] 20: 4 symptoms [3] 20:3, B, 9 system [1] 17:23 . . - T - take [5] 3: 19 ; 4:23; 5:5, 6; 24:8 taken [4] 1:19; 10:21; 2B:B, 9 taking [6] 4:10; 12:10; 14:1, 4; 26:24; 27:3 talk [1] 4:23 talking [1] 13: 8 telling [1] 26:B ten [3] 9:17, IB, 20 term [1] 16:14 testimony [1] 2B :13 text [1] 24:4 thank [1] 27:B thereafter [2] 23:1B; 28:10 thereof [1] 2B:17 things [3] 4:14; 11:16; 12:7 thomas [1] 2:6 though [2] 4:7; 19:15 three [1] 22:7 times [2] 19:16; 26:5 today [3] 3:19; 4:2; 7:8 together [1] 7:9 told [2] 19:22, 25 tom [1] 3:15 took [2 ] 11: 4 ; 22:25 top [1] 16:6 towards [1] 20:22 track [1] 7:12 training [1 J 10:22 transaction [2] 15:9; 17:5 transcribed [1] 28:10 transcript [1] 4:20 treated [7] 11:11, 16; 19:12, 14, 19; 20:14 treating [3] 12: 7, IB; 13: 4 treatment [5] 11:20; 13:11, 14; 17:20; 26:16 trial [2] 1:7; 3:B true [3] 6:22; 21:3; 2B:12 try [2] 4:14; 20:22 trying [1] 7:8 two [5] 4: B; B: 2 , 3; 15:1B; 24:7 two-page [1] 15:19 type [ 4 ] 4: 3 ; 10:11; 13:19; 15:2 typed [1] 17:4 typing [1] 17:6 - U - uh-huh [lJ 9:19 uncomfortable [1] 5:4 uncontrolled [1] 17:23 under [1] 2B:I0 understand [10] 3:23; 4:4, 5, 11; 5:7; 16:21; 19:5; 21:6; 23:2, 15 understanding [2] B:24; 26:12 underwriter's [1] 23: 11 underwriters [3] 1:6; 3:17; 15:11 unfilled [1] 16: 3 united [1] 9:5 universal [10] 1:6; 3:16; 15:11, 21; 23:11, 19; 24:5, 14, 16; 25:B until [4] 8:20; 9:8; 10:2; 26:16 up [2] 4:3, 20 us [3] 4: 1; 19: 9; 26: 13 used [1] 15:5 usually [1] 26:21 - V - valley [4] 14:14, 16, 25; 16:16 vehicle [7] 14:10, 13; 15:2, 5, 6, 8; 16:16 Apex Reporting Service 717.545-3553 verbal [1] 4:1B visit [1] 26:1 visits [3] 12:4, 5; 26:14 - w - wages [1] IB: 13 waived [1] 3:6 want [6] 4:7, 23; 5:3, 5, 6; 16:4 week [5] 9: 16 ; 18:14,17; 19:3 weekend [1] 25:20 weeks [1] 4:B west [1] 2:3 whatever [2] 4:2; 11:12 whole [1] 20:15 will [B] 4:11, 14, 16, 25; 5:4, 6; B:14, 15 work [5] B:6; 9:16, 25; 10:5; 25:21 worked [3] 9:20; 10: B, lB workers [1] 7:24 working [6] 8:6, 9, 25; lB:13, 22; 19:2 wrote [1] 25:25 - X - X's [1] 16:19 - y - year [3] 7:10; 9:B; 25:6 years [6] 5:14; 6:15; B:2, 4; 17: 13, IB young [1] 3:25 yourself [1] 10:1B youth [2] 9:3, 6 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten aOO. subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Arg\.Jrent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (enti:re caption must be stated in full) Sonya Fetterhoff and Steven Fetterhoff (Plaintiff I vs. Universal Underwriters Life Insurance (Deferrlant) No. 303 civil 2004 1. State matter to be argued (Le.. plaintiff'S IOOtion for new trial. deferrlant's denurrer to canplaint, etc.): Defendant's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Robert L. O'Brien, Esquire Address: 17 West South Street, Carlisle, PA 17013 (b) for deferrlant: Thomas E. Brenner, Esquire Address: PO Box 1268, Harrisburg, PA 17108-1268 3. I will notify all parties in writing within bolo days that this case has been listed for argunent. 4. Argurent Court Date: March 29, 2006 cated: February 1, 2006 (~ Attorney for Defendant o C .", ~; (;.\"" .." rTl OJ I r0 -c -..' ~. o -n ~"" rnF. -u'" :>JC;:: .~:~(.-) ~W\ :;:-,:; ::~ r;~ c- r....<:: -. SONYA S. FETTERHOFF and STEVEN M. FETTERHOFF, Plaintiffs, V. UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-303 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW PRAECIPE FOR LISTING CASE FOR ARGUMENT COURT TO THE PROTHONOTARY: Please consider withdrawn the Praecipe for Listing Case for Argument Court filed in the above-captioned matter on February 1, 2006. Respectfully submitted, Goldberg Katzman ~~~ "---4.?ri1as E. Brenner, Esquire Pa. Supreme Court 1.0. # 3J.. 08$' P.O. Box 1268 320 Market Street Strawberry Square Harrisburg, Pennsylvania 17108-1268 (717) 234-4161 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Robert L. O'Brien, Esquire 17 West South Street Carlisle, P A 17013 Date: February 24, 2006 SONYA FETTERHOFf' and STEVEN FETTERHOLFF, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANL\ : NO. 2004-303 CIVIL TE~"'vl v. UNIVERSAL Ul\DERWRITERS LIFE INSURANCE COMPANY, Defendant : CIVIL ACTION - LAW : JURY TRIi\L DEJ\IANDED PRAECIPE FOR LISTING CASE FOR ARGUMENT Pleasc list this mattcr for thc ncxt term of Argument Court. 1. Matter to be argued: Defendant's Motion for Summary Judgment. 2. Counsel who will argue case a. for Plaintit1s: Robert L. O'Brien, Esquire, 17 West South Street, Carlisle, 1'A 17013 b. for Defendant: Thomas E. Brenner, Esquire, PO Box 1268, Harrisburg, PA 17108-1268 3. I will notify all parties in writing within two days of tbis case being listed for argument. Date: April 19, 2006 C~ Thomas E. Brenner, Esquire Attorney for Defendant "..":l! ~~,~ ~~. SONYA S. FETTERHOFF and, : IN THE COURT OF COMMON PLEAS STEVEN M. FETTERHOFF : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2004-303 CIVIL TERM UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on May 10, 2006, I, Robert L. O'Brien, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Plaintiffs' Brief on Defendant's Motion for Summary Judgment, by U.S. first class mail, postage prepaid, to the parties listed below, as follows: Thomas E. Brenner, Esquire Goldberg Katzman 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, Pennsylvania 17108-1268 ~~ Robert L. O'Brien, Esquire (") ~ -.:.::- ""OiiJ 92 g,' 23"[: ~C -j;': ~::' z -j --- ~ <::::> = c:r. ~ -< ~ :r mflJ :09 '~6 :.;j -r; (5 :!J -:'-"'0 om ~ -< N -0 3: W c.n w . SONYA S. FETTERHOFF and STEVEN M. FETTERHOFF, PLAINTIFFS V. UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 04-0303 CIVIL TERM IN RE: MOTION OF DEFENDANT FOR SUMMARY JUDGMENT BEFORE BAYLEY. J. AND GUIDO. J. ORDER OF COURT AND NOW, this summary judgment, IS DENIED. vR6bert L. O'Brien, Esquire For Plaintiffs ~mas E. Brenner, Esquire For Defendant ~ :sal \J.\- day of June, 2006, the motion of defendant for ./ ~ h UJ..'-": 0"" %~>. ok L\..l ~t.u fS C") N .. ..:r -r0- o: - \.1.- o '>- \:.:; ...<-- -.... ~ =--, ..0 = c;;;> c---I "'--.,. ':5 (.) SONYA S, FETTERHOFF and: STEVEN M. FETTERHOFF, PENNSYLVANIA Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, V. NO. 2004-303 CIVIL TERM UNIVERSAL UNDERWRITERS LIFE INSURANCE COMPANY, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE Please mark this action settled and discontinue, Date: <i/I'i 10& O'Brien, Baric & Sherer ,---:;:~~ ~AA--' Robert L. 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