e-filed in county clerk's office pierce county, washington
TRANSCRIPT
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The Honorable Susan K. SerkoHearing: May 16, 2014 @ 9:00 AM
SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
VELMA WALKER, individually and as a classrepresentative; JAMES STUTZ, individuallyand as a class representative; KRRT,WALTHALL, individually and as a classrepresentative; GINA CICHON, individuallyand as a class representative; and MELANIESMALLWOOD, individually and as classrepresentative,
Plaintiffs,
vs.
HUNTER DONALDSON, LLC, a Californialimited liability company; MULTICAREHEALTH SYSTEM, a Washington nonprofitcorporation; REBECCA A. ROHLKE,individually, on behalf of the maritalcommunity and as agent of Hunter Donaldson;JOHN DOE ROHLKE, on behalf of the maritalcommunity; RALPH WADSWORTH,individually, on behalf of the martialcommunity, and as agent of Hunter Donaldson;and JANE DOE WADSWORTH, on behalf ofthe martial community,
Defendants.
Case No. 13-2-08746-0
DECLARATION OF MICHAELMADDEN 1N OPPOSITION TOPLAINTIFF SMALLWOOD'SMOTION FOR PARTIALSUMMARY JUDGMENT
1. I am counsel for defendant MultiCare Health System in this matter. I have
~ personal knowledge of the matters stated.
DECLARATION OF MICHAEL MADDEN INOPPOSITION TO PLAINTIFF SMALLWOOD'SMOTION FOR PARTIAL SUMMARY JiJDGMENT -Page 1
LAW OFFICES
BENNETT BIGELOW & LE~DOM, P.S.601 Union Street, Suite 1500
Seattle, Washington 98101-1363T: (206) 622-551 I F: (206) 622-8986
E-FILEDIN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
May 05 2014 2:58 PM
KEVIN STOCKCOUNTY CLERK
NO: 13-2-08746-0
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2. Attached hereto as Exhibit 1 is a true and correct copy of Exhibit 3 to the
deposition of Melanie Smallwood.
3. Attached hereto as Exhibit 2 is a true and correct copy of the cover sheet and cited
portions of the deposition of Melanie Smallwood.
4. Attached hereto as Exhibit 3 is a true and correct copy of a letter from Ashton
Dennis to Kemper Insurance dated October 12, 2012, which was produced by Melanie Smallwood
in response to MultiCare's discovery requests.
5. Attached hereto as Exhibit 4 is a true and correct copy of a release of all claims
signed by Melanie Smallwood, which was produced by her in response to MultiCare's discovery
requests.
6. Attached hereto as Exhibit 5 is a true and correct copy of the cover sheet and p. 9
of MultiCare's answers to plaintiffs' second discovery requests in this matter.
7. Attached hereto as Exhibit 6 is a true and correct copy of a stipulated order of the
Department of Licensing relating to Rebecca A. Rohlke's appointment as a Notary Public.
8. Attached hereto as Exhibit 7 is a true and correct copy of the Declaration of
Rebecca Rohlke submitted in Miesmer v. Hunter Donaldson, LLC, et al, No. 13-2-12653-8.
9. Since December, 2013, when MultiCare submits notices of lien claim under RCW
4.22.020, such notices are prepared, signed, and notarized by MultiCare personnel.
I declare under penalty of perjury of the laws of the State of Washington that the
foregoing is true and correct to the best of my knowledge.
DATED this day of May, 2014 at Seattle, Washington.
DECLARATION OF MICHAEL MADDEN INOPPOSITION TO PLAINTIFF SMALLWOOD'SMOTION FOR PARTIAL SUMMARY JUDGMENT -Page 2
LAW OFFICES
BENNETT BIGELOW & LEEDOM, P.S.601 Union Street, Suite 1500
Seattle, Washington 98101-1363T: (206)622-5511 F: (206)622-8986
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CERTIFICATE OF SERVICE
I, the undersigned, hereby certify under penalty of perjury under the laws of the State
of Washington, that I am now, and at all times material hereto, a resident of the State of
Washington, over the age of 18 years, not a party to, nor interested in, the above-entitled
action, and competent to be a witness herein. I caused a true and correct copy of the
foregoing pleading to be served this date, in the manner indicated, to the parties listed below:
Darrell L. Cochran, WSBA #22851 ❑ Hand DeliveredLoren A. Cochran, WSBA #32773 ❑ FacsimileKevin M. Hastings, WSBA #42316 ❑ U.S. MailPfau Cochran Vertetis Amala, PLLC ~ Email911 Pacific Ave, Ste 200Tacoma, WA 98402Fax: (253) 627-0654email: Darrell~pcvalaw.com
Attorneys for Plaintiffs
Thomas F. Gallagher, WSBA #24199 D Hand DeliveredWatson &Gallagher ❑ Facsimile3623 S 12th Street ❑ U.S. MailTacoma, WA 98405 I~ EmailFax: 253-301-2167email: tom~w~law.coincastbiz.net
Attorneys for Plaintiffs
Stephen L. Perisho, WSBA #44673 ❑ Hand DeliveredHunter Donaldson, LLC ❑ Facsimile3060 Saturn Street ❑ U.S. MailBrea, CA 92821 EmailFax: 562-501-1144email: sperisho(a~hdonaldson.org
Attorneys for Defendants HunterDonaldson, LLC, Rebecca Rohlke, RalphWadsworth
DECLARATION OF MICHAEL MADDEN IN Lnw orFicEs
OPPOSITION TO PLAINTIFF SMALLWOOD'S BENNETT BIGELOW & LEEDOM, P.S.
MOTION FOR PARTIAL SUMMARY JUDGMENT - 601 Union Street, Suite 1500
Pa e 3 Seattle, Washington 98101-1363
g T: (206)622-5511 F: (206)622-8986
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Thomas L. Boeder, WSBA #00408 ❑ Hand DeliveredCori Gordon Moore, WSBA #28649 ❑ FacsimilePerkins Coie LLP U.S. Mail1201 Third Avenue, Ste 4900 EmailSeattle, WA 98101-3099Fax: (206) 359-9000email: tboeder(a~perlcinscoie.comemail: c loore(a~perkinscoie.com.
Attorneys for Defendant Mt. RainierEmergency Physicians, PLLC
Dated this ~ day of May, 2014, at Seattle Washington.
ern ownsLegal Assistant
{011 1.00168/M1015023.DOC; 1 }
DECLARATION OF MICHAEL MADDEN 1NOPPOSITION TO PLAINTIFF SMALLWOOD'SMOTION FOR PARTIAL SUMMARY NDGMENT -Page 4
LAW OFFICES
BENNETT BIGELOW & LEEDOM, P.S.601 Union Street, Suite 1500
Seattle, Washington 98101-1363T: (206) 622-5511 F: (206) 622-8986
EXHIBIT 1
S~TTL~1dIE1~T DISBURSEMENT —Melanie L. SmalIr~vaodDt?L: No~vemUer 3 2011 Kemper Insurance
GRASS SETTLEMENT.
Less Attorney's Fees (one-third or 33.3°fa):
NET Proceeds:
Less Subrogation Claizns/Medical Bills
$ l 00,000.Op
33,333.33
$ 66,66b.67
IvISPRC/ Medicare $2,359.72 #26;202409001240(pending addition bills $35,521.15)
Healthcare Auulority $ 270.76 #1Q1407418VvAHunter Donaldson LLC $1,059.00 # 79937 GSI-IHunter Dana~dson LLC $ 286.00 #81703 / Mt Rai~rier ER PhysAccident &Injury Chiropractic $7,159.19L.C. Finkleman MD $2,31Q.68Tacoma Massage ̀~1~erapy $7,6Q3A0fir. ~a ~S,S29.7~ ~OTi~D ITT i ~'cJS'I' ~E: DISI'UT~David Brose ,MD $ 240.20 # DOL 1113/20] 1Neville Lewis MD $ 866.03 # DOL 1 ]/3/201 I
Less Total Subragatioz~lMedical$ills: -$27.684.32
v~ ~,982.3~
~O~TS.Media' ~ ~c~r~::~, :~.e~c:~ i.~: ' ~. , l 62. i 6Phntr~C0~31~5 — RR~ 7C .2.5 = 2~~.75Postage: 34.60 ...Lang Distance/Fax/Supplies: 37.OQ
Less Total Costs: $1,454,51 -$ 1,454.5
;~E r i~ROCE~JS i Qr ~LI~N i : ~ s"~',S~';.~4
P~rt~al Disbursement to client 12/1812012: ~ 1,500.00
By accepting this disbursement client understands that there may be some unpaid medical bills of which McLaughlin &
Associates may aot be aware. Those bibs may have been paid by one of your Insurance companies. In some iustences, the client
paid, the client agrees to hold McLaughlfa &Associates harmless thereof and agrees to accept responsibility to pay any such
medical records, tie client acknowledges that said medical records will be de d. Client asserts that there are no Ban~Cruptc
Proceedine~ that would affect the disbursement of these funds. Initial
1DATED: f SIGNone ani ~ , ._ _-:w~-'
LAW QFFICB OF kIC~ALfCiHLIN & A330C., INC. WA IOLTA ACCOUNT ~F7S;~
Hunter Donaldson L`G 211 212 0 1 3WELLS FARO CLIENT 7RUST;Smaliw Hunterdonals=dson! ER Phys 286.0
TRU ..~TIW".',,' FAF #$17"~ ' E~ Phys /Melanie Smallwond 286.Q0
LAW OFF{CE OF MdLAUGHLIPi & A~30C., INC, 1NA IOLTA ACCdUNT 2~~8~
N~a~ter D~r;aldsor, LAC 21~! 2l2J' 3
WALLS FARGO CLIENT TRUST:Smally~ Huter Donaldson ! #-79937 1,059.00
TRUS7/WEL~S FAR #798371 GSH/ Melanie Smallwood 1,059.00
EXHIBIT 2
April 21, 2014WALKER vs. HUNTER DONALDSON Melanie Smallwood
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
VELMA WALKER, individually andas a class representative;JAMES STUTZ, individually andas a class representative;GINA CICHON, individually andas a class representative; andMELANIE SMALLWOOD,individually and as a classrepresentative,
Plaintiffs,
vs.
HUNTER DONALDSON, LLC, aCalifornia limited liabilitycompany, et al.,
No. 13-2-08746-0
Defendants. )
Deposition Upon Oral Examination
of
MELANIE SMALLWOOD
1:03 p.m.
April 21, 2014
3623 South 12th Street
Tacoma, Washington
Karmen Knudson, RPR, CRR
~..
mMoburg, Seaton & Watkins S 2033 Sixth Ave., Suite 826
206-622-3110 ~'~' Seattle, WA 98121
April 21, 2014WALKER vs. HUNTER DONALDSON Melanie Smallwood
Page 111 Q. And so I'm not being rude and you're not
2 doing anything wrong if I ask you if you mean yes or no.
3 Okay?
4 A. Okay.
5 Q. And do you remember signing this document
6 when you went to the hospital?
7 A. I do not.
8 Q. Do you --
9 A. But it's my signature, so obviously I did.
10 Q. Do you remember if you read it?
11 A. No, I don't recall reading it.
12 Q. Okay. Let's look at the next document,
13 Exhibit 2.
14 A. Mm-hm.
15 Q. This is a document that's entitled "Financial
16 Agreement: Hospital Based Services."
17 Again, in the lower left-hand corner, there's
18 a space for a patient signature and date. Is that your
19 signature?
20 A. Yes.
21 Q. And I know I'm being redundant, but do you
22 recall signing this document?
23 A. I do not.
24 Q. Very good.
25 Now, did you engage an attorney to make a
Moburg, Seaton & Watkins nls 2033 Sixth Ave., Suite 826206-622-3110 ~'~' Seattle, WA 98121
April 21, 2014WALKER vs. HUNTER DONALDSON Melanie Smallwood
Page 121 claim against the person who -- person or persons who
2 rear-ended you?
3 A. Yes.
4 Q. And who was your attorney?
5 A. McLaughlin & Associates.
6 Q. Were they able to -- McLaughlin & Associates,
7 were they able to settle the claim for you?
8 A. I'm assuming so. I mean, I...
9 Q. Did you get some money?
10 A. I got some money..
11 Q. Okay. Okay. Let's do this --
12 A. Not all, but some.
13 Q. Okay.
14 (Exhibit No. 3 marked
15 for identification.)
16 Q. (BY MR. MADDEN) Ms. Smallwood, Exhibit 3 is
17 a two-page -- or two pages from some documents that your
18 current attorney, Mr. Gallagher, produced to us on
19 Friday.
20 Have you seen this document before?
21 A. Yes.
22 Q. Appears to have your signature in the --
23 A. Yes.
24 Q. -- bottom right hand --
25 A. Yes.
Moburg, Seaton & Watkins S 2033 Sixth Ave., Suite 826206-622-3110 ~'~' Seattle, WA 98121
April 21, 2014WALKER vs. HUNTER DONALDSON Melanie Smallwood
Page 11 Q. -- with a date of 18 December 2012?
2 A. Correct.
3 Q. So let's see if we can walk you through this.
4 The heading on it says DOL -- which, to us
5 lawyers, it usually means date of loss -- November 3,
6 2011. Kemper Insurance.
7 So November 3rd would coincide with the date
8 of your accident?
9 A. Correct.
10 Q. And do you remember if the -- you said you
11 were rear-ended by two cars.
12 A. Yes.
13 Q. Did you claim against both or only one?
14 A. Only one; the person who actually caused the
X 15 accident.
16 Q. Okay. Very good.
17 And it's indicating here gross settlement,
18 $100,000, less one-third attorneys' fees, less
19 subrogation claims "slash" medical bills.
20 Do you see that?
21 A. Yes.
22 Q. If you go down on that list, you'll see a
23 list of what appear to be medical bills. There's a
24 Medicare claim. When I get down to the one, two --
25 third one down, it says Hunter Donaldson, LLC, $1,059,
Moburg, Seaton & Watkins Lls 2033 Sixth Ave., Suite 826206-622-3110 W Seattle, WA 98121
April 21, 2014WALKER vs. HUNTER DONALDSON Melanie Smallwood
Page 141 with a number, 79937, and then GSH, which I think stands
2 for Good Samaritan Hospital.
3 A. Mm-hm.
4 Q. Do you remember that your attorney took money
5 out of the settlement to pay $1,059 to Good Samaritan
6 Hospital?
7 A. I don't recall.
8 Q. At McLaughlin & Associates, who is it that
9 was specifically -- who was the individual, who was your
10 attorney?
11 A. I dealt with Jamie -- I can't think of her
12 last name.
1 13 Q. Okay. Is Jamie a "she"?
14 A. Yes. And she was the paralegal for the
15 actual attorney.
16 Q. Okay.
17 A. And I don't know -- I can't remember which
18 one.
19 Q. Okay. Did you understand, when you signed
20 off on this settlement disbursement, that your attorney
21 was going to pay these medical bills and subrogation
22 claims that are listed here on the document that's
23 Exhibit 3?
24 A. Could you tell me what a subrogation is,
25 please?
Moburg, Seaton & Watkins nis 2033 Sixth Ave., Suite 826206-622-3110 ~'~' Seattle, WA 98121
April 21, 2014WALKER vs. HUNTER DONALDSON Melanie Smallwood
Page 151 Q. Yes. In other words, I'm just using the
2 words here.
3 Subrogation usually means that it's an
4 insurance company that's paid some of your bills and now
5 wants to be repaid out of the settlement. But I can
6 narrow the question down, if that would be easier.
7 A. Well, yeah.
8 Q. So if you look at just the medical bills,
9 you'll see there's Hunter Donaldson that's listed twice
10 for Good Sam Hospital and Mt. Rainier Emergency
11 Physicians; $7,159 to Accident & Injury Chiropractic;
12 L.C. Finkleman, M.D., $2,310.68; Tacoma Massage Therapy,
13 $7,603; Dr. Ma, $5,029 held in trust re: dispute. Then
14 there's more for Dr. Brose and Dr. Lewis.
15 Do you see that?
16 A. Yes.
17 Q. So with respect to those, did you understand
18 that your attorney was going to take money out of the
19 settlement to pay those medical bills?
20 A. Yes.
21 Q. It says in bold here, regarding Dr. Ma, hold
22 in trust re: dispute.
23 Was there some dispute with Dr. Ma?
24 A. Yes, there was.
25 Q. Can you tell me about that?
Moburg, Seaton & Watkins S 2033 Sixth Ave., Suite 826206-622-3110 ~'t' Seattle, WA 98121
E~~HIBIT 3
'l~hc Law Office of
MCLAUGHLIN &ASSOCIATES, INC.
Wesley K. McI,ut~ghliry AttorneyKurt J. Strovink, AttorucyAshton K, llcnnis, Attor~icyBn>nda1. Milliken, ParalegntJamie l,. Bird, ParalegalDs~vn R, Plaster, Paralegal'1'ricia 1). Yuc, ParalegfdR~urdic 12. [)avis, Lcg~l Assislan!Acazia M. Acacio, l.iligatiorr Assistant
Rich~rJ Van Wagcnen, l..&1 Paralegal
Carla Y, Salziz~v, 1,&1 l.c~af AssistantCt3risfinc A. G~~illicr, Accounts Tvlana~cr
Kemper InsuranceAttn: Karen PearsonYO Box 2839Clinton, IA 52733-2$34
Re: QE~r Cfie~~t:Your Inslrred:Ctaim No:Date of boss:
Dear IVIs. Parsons:
nctober 12, 2Q ~ 2
Melanie S~nallwaociCharles ParsonsC092626Vd/11 1November 3, 20l l
l5 Oregon nvcnue, Ste. 210
Tacoma, WA 98409'Pelcph~ne: (253) R76-2fiS3Facsimile: (2S3) 47G-2298
3307 Rucker A~~cnue
Everett, WA 982UI•r~i~n~on~: f~2s~ pan-SonoI'acsimilc: (2S3) 47G-2298
The Law 0~1ice of McLaughlin &Associates, Inc. represents Melanie Smallwood fflr t1~e herein
referenced claim. The purpc~5e of this letter is to see if we can reach a settlement without the
neces~i~y o~ ~iti~ating this natter. The following is a summary of the facts and damages that will
be presented sizould this matter proceed t~ trial. Please also Find enclosed the medical records
anc~ bills we 1».v~ collected to date regarding the Creatrnent of our client. This letter and the
enclosed documents are submitted solely for the pur~ase of settlement negotiatit~ns and arE not to
be used by you or your insured in the: event that this matter proceeds to trial or arbitration. See
~R. 4Q8, Washington Rules of L;vicience.
Moreover, we demand a written response to this letter within fifteen (15) days of receipt. We
further demand this letter and its enclosed materials be returned immediately upon v►~xitten
request, filing, or service on any named defendant,
coL~rsrorr
On the early afternoon of November 3, 201 ], Charles Parsons was driving his 2005 Saturn
westbound on River Road east of 7 }̀' St NW in Puyallup, Washington. 'rraf~ic was stopped. Mr.
Parson's failed to pay attention fi~ the 2003 Nissan in front afhim that was at a complete stop.
Kcn~per tnsuranccKaren Pearson
Re Our Client: Mcl~nic Smallwood
Your Insured: Chsules Parsons
Claim No: C092G2GWA 1
Date of Lass: 1~lc~vembcr 3, 20l 1
By the tinne Iie noticed, ire tried to swerve to
avoid it birt it was too late. He slammed into
tote right rear t~umper on the Nissan which
was drive~~ by Metanie Smallwood. The
vehicle behind Mr. I'arsan's was also uc~able
tc~ stogy in time before colliding into the left
rear quarter panel of his vehicle. C)ur client,
Ms. Smallwood was only impacted one
tine.
Officer Kevin Karuzas of the Puyallup
Palice Departme~it responded to the scene.
I.,iability is clear. Ck~arles Parst~ns' was
cited cat C~1C SCEI]C for speeclin~ too fast for
conditions. As ~i result n#' Mr. Parson's
tle~ligencc, Melanie Smallwood was injured
~rnI she is entitled to full compensation for her resultant damages.
PERSONAL BACl'{GROUND
October l2, 2U 12
Pugc 2 of 9
Melanie Smallwood was bona July 12, 1908. Melanie and her boyfriend, Kris and reside in
S~anaway, Vilashington. A majority of Me~anie's time is spent with her friends and family.
TREA111~~NT
Mechanism of Injury
Mctanie and her fi~ienti Charles, were on their way to the Sheriff s department to file a stolen
property report. Prior to impact, she could see Mr. Parson's car rapidly approaching. She braced
Herself. Llpc~n inlpdct, Melanie's hociy slamnYed back against her seat. Her seatbelt lflcked up
into her sht~ttlder and chest as her body rebounded forward. Melanie was i~~ shock and in pain.
Good S~~mtaritan Iiospit~l
The paramedics arrived to find Melanie sitting in the driver's seat suffering from neck and lower
back pain. Using precautions, the paramedics immediately removed Melanie from the car,
loaded her into tt~e ambulance and rushed her to Good Samzritan Hospital for care.
Melanie arrived at Gaad Samaritan Hospital where Michael T3rook, MD performed an
examination on her noting tenderness at her sacrum, particularly the sacral wings and sacroiliac
joints.
After examining Melanie, I7r. Brock diagnosed her with ~zeck and back strain tivith muscle
spasms and muscle tension heacic~ches. She was prescribed FioriceE far her headaches and told tc~
Kemper Insurance October 12, 2012
K~rcn Pc~rsan Pale J of 9
Rc: fur Client: Mcla~~ic S►naifhvoodYaur insured: Cliarlcs YtirsonsCl~iim No: CU92C26~yAI li7ate of I.oss~ Nove~rihcr 3, 2U 11
take over tl~e counter Tylenol ~r Advii far fain and fellow up with her primary care physician in
sevcrat weeks ~r sooner if pain persists.
Accident &Injury Chiro~r~ctic
~n November 8, 2(31 ], Ivlelanie wcni to Joel Vrann~, DC far lower and mica back pain., neck
pain, headaches and swollen hands. She suffered insomnia and difficulty breati~ing at times due
to pain. While in the office, Melanie had a very lard lime taking off her jacket due to her
trapezius 'pain.
Dr. Vranna perfarcneci an examination noting a Si~nifieant decrease iix range ~f' motion to her
cervic~►i and thoracolumhar flexion, extension, right and left lateral flexion, and right and leftrotation. ~rthopedie tests showed her head distraction test, FarnYinal compression test, Shoutder
distractio~i test, Kemp test, Lassgard test, Fajerst~}n test, Braggard test, Patrick test, and SI
coznpressinn Lest were all positive witi~ pain. X-rays showed lateral curvature to her thoracic at~d
lumbar spine anti lateral xlexion malpasitic~n to her LS region.
}3aseti upon his objective ~indin~;s, Dr. Vranna dia~;n~sed Melanie with the following:
~=~7. U Cer~~icul siruitu's~ruinX47.1 7'hor•acic strairT/.sprrrinX447.2 Lumbar slrainlsprain3 6.01 .headache rnig~•aine~SSQ I Cancussion with brief loss of consciou~•ness
723.3 CervieUbrcrchial ,syndrome
Dr. Vrinna's treatment plan consisted oi' chiropractic manipulations tour times a week.
Melanie continuEci to follow I7r. Vranna's treatment recommendations. 4n November 10, 2011,
she had ongaing pain and ~aresthesia to leer Ic;ft and right. cervical spine, mid thoracic, lower
thoracic, lumbar, right posterior wrist, and left and right posterior hand. Melanie advised Tyr.
Vranna her migraines had been so painful they caused her to vomit. She was unable to slee}~ at
night because oi'the pain. At this point, Dr. Vranna noted that Melanie }~~c~ an exacerbation.
Melanie suffered a long recovery. She had rr►ult ple subluxations with muscle spasms,hypomobality, and end point tenderness.
Melanie continued to treat with chiropractic adjusttr►ents through July 5, 2012. .At this time, Dr.Vranna recommended that she continue treatment oance a week for two week or until her knee
was nc~t aFfecting her gait.
ECemper InsuranceOctober 12, 2Q12
Knref~ PearsonYafic 0. of 9
Rc: (fur Client: Mci~utie Smallwood
Yoar lnsur~d: Ch~~rles Parsons
Ciaim Nn: C0926264VA1 ]
[}ate of loss: November 3, 2011
I.~owcll Finkleman, MD
tin Navemb~r lU, 2U11, Melanie went to Lowell Finkleman, MD for lower back pa
in, neck fain,
mid hack pain, and headaches.
Dr. Finklen~an Hated a si~niticant decrease in range oar motion #o her cervica
l, thoracic and
lumbar spine with pant and muscle s~asm~,
Melanie was di~~noseci with cervical anci lumbar- s~r•air~/rtruin with heradac{zes
oral wvrsenecl
rrzig~•aines since the w~•~ck. llr. Finkleman advised her to continue ~'ioricet for her migraines anc3
added Zang a tn~~scle relaxer. }-Ie advised her to continue chiropractic care
acid referred her to
mass~~e thera}~y and physics! kherapy.
4n December 8, 20l I, Melanic's migraines had worsened t~ the point they beca
me unbearable.
I7r. Finklernan referred her ra Dr. 1V~a for further evaluation for her headaches an
d Dr. Those for
severe drivii~~ phn6ia. She was tail to c~ntiz~ue the massage therapy and chir
opractic care and
fc~llnw u~ in three weeks.
Un January 12, 2012, Melanie told Dr. Fitiklen~an her lower back pain, headaches
, and !eft wrist
fain had worsened. She had ciecre~sed range of motion to her cervical, thoraci
c, and lumUar
spine. I7r. Finlcleman referred ]ler for 1 lumbar spine MftI anc~ Dr. Lewis for he
r an~oing wrist
pain.
~n Dr. Iiinklem~tn's referral, Melanie wc;~~t to TRE1 1ma~ing on January 16, 20
12, fc~r a lumbar
spine MRI which sl~owea the following:
Lumbar Sine MRI:
l,4-LS: Broad based posterior disc ~rntrusion associated with an annular tear of t
he disc.
X,3-L4: facet osteoarthropathy
I~S-S 1: Facet osteoarthrop~thy
L4-L5~ Neural forminal stenosis
On February 23, 2U12, Melanie lead experienced an~oing lower back pain, lefrt
elbow pain. tivliich
radiatee~ to her left hand, neck pain wiih occipital headaches. I)r. Finkleman r
ecommended an
EMG of leer left arm.
Melanie list treated with llr. Finkleman on June 28, 2012. Shy continued to hav
e ongoing lower
back pain and left elbow paid.
Ke.mper Insurance Uctobcr 12, 2012
Krircn Pe~uson Yagc; 5 of I
12c: C)ur Client: Melanie SmallwoodYour Insured: Charles ParsonsE:laim No: C092G2GWA11I]atc cif L.nss: No~~mbcr 3, 201 l
'~'acom.~ Massage Therapy
On November 1~, 2011, Melanie went to Ange~ique Hall, LMP fi r constant bilateral neck pain
and tension, bil~t~ral lower back pain and tension, consfaut headaches, and difficulty sitting,
twisting, standing, walking, lifting, v~►cuuming, mo~inb, and doii~~ laundry and dishes.Ms. Ball evaluated Melanie noting bilateral neck, raid back, and lower back pain with tension
send inflarnination to tier bilateral Week and bilateral lower back.
Ms. I-Iall's treatment plan consisted of range oi' motion exercises, direct pressure, linear friction,
cross fiber friction., Myofasical release, Pin &Stretch, S~~vec~ish massage, tri~~er point therz~y,
anci deep tissue. ~Elat~ic contil~ued to treat thxough 3une 27, 2012.
Kelvin Ma, MDNecrologist
C)n Dr. Finkleman's referral, Melanie went to Kelvin Ma, MD on December l2, 2aI1, for a
consultatican fc~r her constant headaches. Although Melanie had prior headaches, her }gain had
increased since the cc~lIisian. It w~~ nic~re intense and associated with signif cant phcataphobia,
nausea, artd valniting.
I~r, 1~1a noteel lower back pain and neck. pain with tightness and right thumb numbness. Afrter
reviewing her syrt~ptoms, Dr. Ma noted status mibrainosus. She load pre-existing; jnigraine
disorder which appeared to be aggravated from this collisio~~. Dr. Ma recomrnendecl I.V. D.I-I.E.
injections whictz also inc4uded Regtan and I.V. Tczradol. Dr. Ma referred her far a brain MIZI.
C)n December 22, 2011, Mela~iie tjad a brain MRI which showed no significant findings.
Melanie responded t~ the I.V. I~.T-I.F hflwever by December 29, 2011, her headaches wire back.
Dr. Ma prescribed Topamax to titrate aver the next three weeks to 75 mg. As slle started the
tnedica#ions, Dr. Ma wanted her co continue to treat with T.V. T),I-I.~.
During her last visit Dr. Ma advised her to start back an kl~e Top~unax and finish titration and
gave leer maintenance prescription for 25nig, 2 tablets, He also wrote a prescription far Relpax.
Infections Limitct~NW Medical Specialties
On December 21, 2011, Metanie went to Infections I.,imited where Dr. Tachopoulou, MD tr~at~d
leer for migraine headaches, neck and upper shoulder pain.
Dr. Tachopnulou cxami~ied Melanie. She was diagnosed wrth migraine. Dr. Tachopoulou
recommended that she take K~;t~ralac for inflammation, ciihydroergotamine m~sylate (injection}
for pain, and Replan for heartburn.
Kemper InsurFmccOctober 12, 2012
Karen Pc~usonPage 6 01 9
Rc: Our Client: ~lclanie Smallwood
Your Insured: Charles Parsons
Claim No: G092626tiVAI I
I~atc of Lass: 1~[ovembcr 3, 2011
Dr. Tach~pc~ulou referred Melanie to ̀ I'RA Imaging on lleceznber 2l, 2011, fir a
CT of her head
without contrast which showed na obvious findings.
Melanie continued to treat with Dr. "I'acho~oult~u through Jazivary 6, 2Q 12.
David 13rosc, MD
tin l7ecember 28, 2011, Melanie went t~ David Brose, MD for driving phob
ia. Sloe developed a
prafraund fear of driving on both highways and back roasts especially while in
traffic. She relates
the effecfis of having other cars behind her causing extreme discomfort with
profound increase in
}~eart rate with tren~c~rs. Dr. Brost felt she demonstrated Traumatic Panic Ds
sorder.
fir. Brase's treatment flan consisted of .her completing the i~iitial screening psychometric
infornl~tion which needed to b~ followed with MMPI-II and the psychnph
ysiolo~ y recording,
using; stirr~uli con~rucnt with the driving phobia. Melanie suffered from prof
ound driving phobia
which appeared to her related tU a panic disorder secondary to the tr
auma which she had
experienced.
Neville Lewis, MD
Northw~~t Orthopaedic & Y=land Surgery
On 3anuary 3l, 2Q12, Melanie went t~ Nevi11~;Lewis, MD for ~ consultat
ion for her [eft wrist
pain and felt elbow pain. She was unable to but her left elbow of the table
without experiencing
shocking; pain into her hand. She hacl a p~rststent mass over the dorsum of
her left wrist. She
took rnEdicatio~3 ro help her sleep aC night.
llr. Lewis examined Melanie noting ringing; in ears, neck fain, and fre
quent headaches, Dr.
Lewis performed two x-rays ort Melanie's left elbow anti wrist which
sliowcd no abvic~us
findings.
Melanie was diagnosed with cxrhrtal tunnel synd~~ome of her Iefl elbow and
clorsul ~an~li~n cyst
~f lzer lift tivrist. Dr. Lewis referred her for an EMG study.
On March 15, 2012, Melanie went to Ur. Lewis for significant elbow pai
n with occasional
numbness and tingling; radiating to her ring finger and small digits. Dr. Lewi
s noted pain to hex
test medial epicondyle and around the elbow with positive Tinel's at Y~er
cubical tunnel. Melanie
was diagnosed with probable left medial epicondylttis, Left cubical tunnel
,syndrome, left wrist
dorsal. gccn~lion syst. Dr. Lewis referred her for a left elbor~ MRI and pr
escribed Vicodin for
pain.
On Dr. Lewis's referral, Melanie went to St. Joseph Hospital an March 19,
2012, for an MRI of
her left elbow which showed no abnormal findings.
Kcmper InsuranceOctober 12, 21712
Karen 1'c~trsonFstgc 7 of 9
Rc: fur Client: Melanie Smullwaod
Your Insured: Charles Parsons '
Ctaim Np: C092C>26W~111
D,~te ofl.oss: November 3, 201
On March 2~i, 20I2, Melanie advised Dr. Lewis she l~aci significant pain at her left medial elbow
despite cortisone [njectian, with increased numbness and tingling radiating to the ring and small
digits. She also had increased pain radiating into her neck and thoracic spine with multiple
episodes per day. X-ray cif her cervical spine was performed.
D~-. Lewis diagnosed Melanie with left cubittil tunnel syndror~ze, r~ossrfile c~r-vieal radiculopalhy,
and right carpal tunnel syndj•orne status host release. At this time, I~r. Lewis recommended left
elbow ulnur nerve clecarnpression insitu. Dc. Lewis went over the surgery with her in detail.
M~l~nie had her past-op appointrrieni on April 11, 2012 after undergoing ati open release of leer
lift cubital hinnel tivith decon3pressiorz ~f tt~c left utnar nerve. Melanie told llr. Lewis she had
significantly ii~~provcci. I-ter left nick fain and all fhc numbness and tingling of her left hand had
disappeared.
~lectroc~iagtiostic & Re~iabiGt~tion
On February 27, 2 12, Melanie went to Irian Ans~ri, MIS for an evaluation to rule out left Lunar
neuropathy while screening for cc;rvical radiculopathy and ether entrapment neur~pathies.
Nerve co~zdtiictian study and I MG study showed ar► abnormal stt►dy. I Ier electrodia~;nostic study
sli~wecl suspieian of an evolving let`t median neuropathy across the wrist.
On February 13, 20 i 2, 1VIelanie went to Dr. Ansari for an electrocl agnostic evalurtian to rule aut
lumt~as~cral radiculo~athy, while screening for peripheral neuropathy which came back normal.
St. Jose~~i Hospital —Surgery
On April 4, 2U12, Melanie arrived to St.~ Joseph ~-Iospital where she underwent release of the
ulnar nervy; at ~l~e left cubical tlmnel.
Melanie was brou~;l~t back tU the operative suite and placed in supine position. General
anesthesia was administered. IIcr left upper extremity was prepped with Techni-Care, draped
with stockinette: and multiple layers of drapes and 750 mg ceftriaxone was liven.
Exsanguination was wills an rsmarch bandage and tourniquet elevation to 250m.mT-Ig for 16
minutes.
A posterior ulnar incision was made. Subcutaneous tissues were dissected anti the branches of
the medial antebrachial cutaneous nerve assiduously avoided. The ulnar nerve was 6 cm to the
medial epicondyle and followed through her ligament of Osborn, distally between the heads of
her flexor carpi ulnaris. ri he wound was thoroughly irrigated. The tourniquet was deflated.
Hemostasis was secured. ~Ier wound was cioseci with 3-d and 4-0 subcuticular Vicryl anti steri-
streps were applied. Melanie was awakened and brought to the recovery room.
Kemper Insurance Qctober 12, 2012
Kare~~ Pearson Pagc 8 of 9
Rc: fur Clici~t: IVielanie Smallwood
Your Insured: Charles F'arsansClaim Nn: C~92626WA1117k11C O~j.P55: HOVCIII~CC 3, 2~ ~ ~
MEDICAL SPECIALS- $59,3Q6. UZ
fierce Cou~~ty Fire District $ 678.00
Good Samaritan I-Iospit~l I,U59.00
Mt. ~tainier ER Physician 27Fi.00
Accident &Injury Chiropractic 6,395.19
Lowell krikleman, MD 2,0$7.48
Tacoma Massage Therapy 4,1 GQ.00
Kelvin Ma, MD 2,598.00
Inf~:ctions Limited. 2,018.00
?avid Brose, MD 240.20
TRA Imaging 1,685.00
Neville Lewis, MD 3,275.00
El,ectrociagnosis & Kehat~iltatian 2,049.0
St. Joseph Medical Center 3/19/1 3,058.00
St, Joseph Medical Center 4/2/12 3 7.95
St. Joseph Medical Center 4/4/12 28,~51.2f~
AnesChesiologist 768.0
7'R~1 VEL EXPANSES- $85X .13
Melanie was forced to travel to get care for her i~~juries. '!'he mileage that she traveled vas:
Accident &Injury Chiropractic, 19.$f~ miles round trig x 8J visits = l,7fi7.54 miles;
Low~;ll Finktem~n, MIS: 19.$6 miles round trip x13 visits = 258.1~i miles,
"T'acoma lYl~ssage 'Therapy: 22.7 miles round trig x 45 visits = 1,021.50 miles;
Kelvin Ma, MD: 21.64 miles rcre~nd trip x fi visits = 12~.R4 miles;
Infections Limited: 2$.34 miles round trip x 5 visits = 144.20 miles;
David Brase, MD: 37.56 miles round trip x 1 visits = 37.Sf~ miles;
TRA. Ii~a~ing: 28.72 miles-round trip x 2 visits = 57.44 miles;
Neville Lewis, MD: 28.84 miles round trip x 5 visits = 144.20 miles;
Elc:ctrodiagnostic &Rehabilitation: 27.~Q miles round trip x 2 visits = 54..4 miles;
St. 3flseph ~-Iospital: 28.58 z~iles round trip x 3 visits = 85.74 miles,
'Phis is a total of 3,700.60 miles x .23 cents per mile = $851.13.
Kemper Insura~~ccK~rcn Pelrson
Rc: pur CGcnt:Your insured:Claim Nc~:Date t~f Loss:
Melanie SmallwoodCharles ParsonsC092(26 WA 11November :i, 2011
GENERAL DAMAGES
October }2, 2012Page 9 of 9
1Vlelanie has suffered signifcantfy as a result of your insured. She event through months of pain
end suffer►ng. Sloe will have a scar far the rest ot~ her life, reminding leer every day of this
horrible collision.
If this rnatt~r were to proceed into litigation an eventual trial, it is Evidence Melanie would have
verdict rendered on her behalf `the verdict would represent her entire medical specials ar►d an
sward for pain and suffering.
However, in a~~ attempt to protect your insured, Melanie Smallwood kias authorised me tc~ accept
the policy limits held by your insured if they rue at or below $100,000.00 per person, per
incident, ~as full and final settlement of 11er claim.i Once yc~u have hack an opportunity to consider
the enclosed, please contact me regarding the aanicable settlement of this claim.
McLaugh in Associa e nc.
Ashton K. Dennis
~ A condition precedent to this demand is that your insured must complete and return the attached declaration
as well
as submik certified copy of his insurance declaration pale. If there is other coverage or a►nple person] assets, my
client. reserves the right to modify leer demand.
EXHIBIT 4
Ciaim Number: C09Z626WA11
Claim Representative: Karen Pearson
RELEASE OF ALL CLAfM5
FOR At~O IN C~NSIDERATI~N QF the payment to me/us of the sum of One Hundred Thousand and QO/100 ($100,OOD.00
J, and other food and valuable consideration, I/we, being of lawful age, have released and discharged, and by these
presents do far myself/ourselves, my/our heirs, executors, administrators and assigns, release, acquit and forever d'+scharge
Charles Parsons and any and all other persons, firms and corporations of and from and al! actions, causes of action,
claims or demands for damages, costs, loss of use, loss of services, expenses, compensation, consequential damage ar
any other thing whatsoever on account of, or in any way growing aut of, and al} known and unknown personal injuries and
death cesu{ting ar to result from an occurrence or accident that happened Qn or about the3rd day of November
2011 , at or near 511 River Rd, Puyallup, WA.
/we hereby acknowledge and assume all risk, chance or hazard that the said injuries or damage may be or became
permanent, progressive, grea#er, or mare extensive than is now known, anticipated or expected. No promise or
inducement which is not herein expressed has been made to me/us, and in executing this release 1/we da not rely upon any
statement or represenkation made by any person, firm or corporation, hereby released, or any agent, physician, doctor or
any other person representing them ar any of them, concerning the nature, extent or duration o#said damages or losses or
the legal liability therefor.
/we understand that this settlement is the compromise of a doubtful and disputed Claim, and that the payment 'ss not to be
construed as an admission of liability un the {part of the persons, firms ar~d corporations hereby released by whom liability is
expressly denied. t/we further agree that this release shall not be pleaded by meJus as a bar to any claim or spit.
This release contains the EN71ftE AGREEMENT between the parties hereto, and the terms of this release are contractual and
not a mere recital.
/we further state that I/we have carefully read the foregoing release and know the contents thereof, and t/we sign the
same as my/our own free ac#.
WITNESS .~t-{- hand and sea{ this '7`~ day of l~~-~ a~C->l ~}~
WI7NE55ES CAUTIQN! READ BEFORE SIGNING.. ~
Address: ~~~~D'yyLG'~-~ (•~ ~---
Address:It is a crime to knowingly provide false, incomplete or misleading inForma#Ian to an insurance company forthe purpose of
defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.
BI_Release_of_all_Claims Page 1 of 1
EXHIBIT 5
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
VELMA WALKER, individually and as aclass representative; JAMES STUTZ,individually and as a class representative;KARL WALTHALL, individually and as aclass representative; GINA CICHON,individually and as a class representative,and; MELANIE SMALLWOOD,individually and as class representative,
Plaintiffs,
vs.
HCJNTER DONALDSON, LLC, a Californialimited liability company; MULTICAREHEALTH SYSTEM, a Washington nonprofitcorporation; REBECCA A. ROHLKE,individually, on behalf of the maritalcommunity and as agent of HunterDonaldson; JOHN DOE ROHLKE, on behalfof the marital community; RALPHWADSWORTH, individually, on behalf ofthe marital community, and as agent ofHunter Donaldson, and; JANE DOEWADSWORTH, on behalf of the maritalcommunity.
Defendants.
NO. 13-2-0$746-0
PLAINTIFFS' SECONDINTERROGATORIES AND REQUESTSFOR PRODUCTION TO DEFENDANTMULTICARE
TO: MULTICARE, and its attorney of record.
PLAINTIFFS' SECOND INTERROGATORIES AND
REQUESTS FOR PRODUCTION TO DEFENDANT
MCTLTICAR R
1 of 18
~'I~PFAU COCHRAN~ : VE~TETIS A~MALA
A Pm ess~onzl limited Lia ty CompanY
911 Pacific Avenue, Suite 200Tacoma, WA 98402
Phone: (253)777-0799 Facsimile: (253)627-0654
www.pcvalaw.com
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INTERROGATORY NO. 3: Please indicate with specificity exactly what MultiCare
has authorized or allowed Hunter Donaldson to do on its behalf since April 30, 2013.
ANSWER: MultiCare objects to this question.because it is vague, ambiguous, and
not reasonably calculated to lead to discovery of admissible evidence. Subject to and without
waiver of objection, MultiCare answers:
(1) Shortly after receipt of the original complaint in this matter, MultiCare instructed
HD to cease filing notices of lien claim under Ch. 60.44. HD was authorized to continue
recovery on existing claims.
(2) On December 4, 2013, MultiCare stopped assigning any new accounts to HD
and instructed it to cease work on previously assigned matters. effective December 31, 2014.
(3) ,On March 21, 2014, MultiCare instructed HD to cease and desist all efforts on
its behalf, except to process payments received in connection with settled matters.
INTERROGATORY NO. 4: From 01/01/2008 through 02/01/2010, did Hunter
Donaldson collect money on behalf of MultiCare using notice of claims and/or liens that were
not filed for record with the county auditor of the county in which medical services were
performed? If yes, please indicate a) the total amount of money collected by Hunter
Donaldson, and b) the total number of MultiCare patients from which Hunter Donaldson
collected money, using notice of claims and/or liens which were not filed fox record with the
county auditor of the county in which medical services were performed.
R
ANSWER: MultiCare objects to this question because it is vague, ambiguous, and
not reasonably calculated to lead to discovery of admissible evidence. Subject to and without
waiver of objection, MultiCare answers that it has no record defining third party recoveries
received from Hunter within. the specified date parameters and therefore is unable to answer.
PLAINTIFFS' SECOND INTERROGATORIES AND ~~,PFAU COCHRAN
REQUESTS FOR PRODUCTION TO DEFENDANT L ~ VE ~TETIS LA'ry
~.,I,~CA~'
A Professional [lmirrd liabi Company
9 of 18911 Pacific Avenue, Suite 200
Tacoma, WA 98402Phone:(2S3)777.0799 Facsimile: (253)627-0654
www.pcvalaw.com
EXHIBIT 6
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~_~ Lr
STATE a~+' WASHII~IGTONDEPARTMENT OF LYCENS~NG
~3USINE3S AND PROFF,SSIONS DIVISION
In the Matter of the Appointment io No. 2013-OS-1400-OONOTPractice as a Nagy Pubtic of
... S'I'iPUI.ATEI) ~INUYI~tGS C7F f~AC`T,REBECCA A. RaHLKE GONCLUSTONS OF LAW, AND
AGREED (3RDERRespc~n:dent.
License #146174
The Not~uy Public Prograim ("I'ro~ram'~ of the Business end Professions D'avision of
the Sate of Washington DeparU~nent of I.ic~nsing, represented by April I3cnson Bishop,
Assistant A~tarnep CrCncral, and R~be~ea ~. Rohikc (" the Respandcnt"), r~pre~ented by Patty
Fakes, Attorney at I..aw, stipuIa~te and agree to the fallowing:
Section 1
BACICGRUUN~I
1.1 L2st~ecca A. Roh~ke, Ede Respondent, held Wa~t~i~gton Notary Public
appointment number 146I74.
1.2 'The Respondent's original a~~oi~tment was arse issue€i on 3anuary 2G, 201 Q.
1.3 "~'he Respondent voluntarily resigned tf~e appointment on May 31, 2fl13, and
returned her notary stamp. t4 fhe ~'rogram.
1.4 On December S, 20]3, the Program issued a Statement c~fiGharges aiFeging that
tt~e Respandeni violated RCW 42.4d.Q20(1}{b), RCW 42.44.48U, RC'W d2.44.a~a~~l, RCW
42.44160(1), and L~CW 1€3. 35.130{2), (4), (8), and (1Ij.
Sec#ion 2
PROCFDtTRAI, STIPULATIONS
2.1 The Respondent vndez~tax~ds that the Program is preparers to proceed to a
hearing on the atle~~tipns in the Statement afC~Zarges,
ST3PULA'1'Cll PINL7MC3S OP 1~ACT, Pa~c 1 of GCQNCI~US1t~NS UC ~,AW,n~nm nc~~r~ o~n~x
(~T~~U CC~C~Ir~~fl '~~;Ct:'iIS ~\~11%la ~~ ~~~.. - 1^dV~.jJ~~.':~~c1W'.COI"Y'
`~ }/ 1v../M..
I Z.Z The Respondent understaands that she has tiie right to defend herself against the
2allegations in the Statement of Charges by presenting evidence at a hearing before an
3administrative law judge.
~ Z.3 The Respondent understands that, shoulif the Program prove at a hearing the
5atl~~ations in fihe Statemen# of Charges, the Dit~ct~r of the D~eparttnent of Licensing has the
power and authority to impose sanctions, including fine, purs~~ant to RCW i 8.235.110 and
~ ~i,CW X2.44.210. .
$ 2,4 The IteSpandent and the Pra~rttm agree to expedite the resolution of this mailer
9 by means a€ this Stipulated ~'inc~ings of fact, Conclusions of I.aw, and Agreed Order
10 ~~EA~reeclOrder").
1 ~ 2.5 The Respondent waives tl~e opportunity for a hearing on t12e Statement of
~2 charges contingent upon signature and acceptance oflltss Agreed Order by ttie Director or the13
Director's Designee.14 ~ ~ ~~s Agreed C)rdez is not binding on any party unless end until it is signed andl5
necepEed by the IJirector or tha T3irecCor's Designee.16
2.7 SEc~uld this. Agreed Order be rejected anc3 the matter pr~eci to hearing>17
Respondent waives any objection to the Director review c~~ the initial order and entering a
18fi~~al order in this proc~ediug.
192.8 Once Ellis A~'eed Order is signed by fhe ~}ir'cctor or the Director's I?esignee,
zothe ~teesgr3ndent waives any and all .right to judicial review and/or rcct~►~sdec~ton by the
21L?eps3rtrtment.
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STIPULA"PF.D klNlltl+IGs OCr FACE', Page 2 aC5C.'pNCLUStONS OF LAW,11Nt7 AGREEA ORDER
rn~d'J COC~If~~fl ~~C',C":i~titi ~(l~~u~~ E'~_L~. - bVV+iNi.(JC~.'dlc~V'd.COli~.
r ~.~ ~`~ r ~~,
I Section 3
2 STIPULATCD FINDIlVGS QF FACT
3
4 The Responden# sees that she was unaware of Washington°s Notary ~'ubl c eligibility
$ requirements and the standards for notariat acts as set forth in chapter 42.44 RCW. Without
~ admitting any sped e feet, the Res~~adent aaknovsfledges_ that ~t~e~ 1'co~ra~n Iles,sufficient
~ evidence to justify the fallowing findings of fact: -
$ 3.1 At at1 relevant tunes, the ~2.espnndent has been a res de~~t of the State of
Catifom a. She has never resided in Washington.
~a 3.2 The Respondent appt crl to the ~'rogram fflr a Notary public appain~nent in
11 7anuary ZOl(l.
1~ 3.3 Qn or about May 1, 2Q13, the Prngrarn received a complaint fhat tie
~ ~ Respondent had ~Jsely notarized m~dic:al liens.
l~ 3.4 The Pro~rarn receiv~c~ twenty-two (~2) documents that co~~tained notary
IS certificates a~fixcd with the Respondent's notary stamp and her signr~iure, 'ihe certificates
1~ indicated. thak Res~ndent notarized thetas in I'iercc County, t~ashingtan. It wns discovered
~,~ during the Pro~ram'~ i~vesti~at on of the Resgandent that the Res~~ndent was not in the state
~ $ of Washington wf~en she performed the notarial acts.
19Section 4
za~1 C(}NCLUSIONS C}F LAW
~2 The Respondent acknowledges that, based upon the rindings of Facts, the following
23 Conclusions of Law are justified:
2̀~ 4.i `l7ie Department has, jurisdiction over the Respondent and aver the subject
~5 matter of this proceeding.
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~rrnur..~r~ r~ r~=rrr»~r~~s ors i~Acr, C'a~c 3 of fiCONCi..t]SIONS QP L.A W,
E~T~U COC.~1rc~Cl ~,~E'f~~'~15 r1~T~c~~ ~~_~_~ —'~".~WV'J.r~CVu'~c4~•,`.COI~1
~~1 1 t
g ( ~ ~
f
~ 4.2 The Respondent's acts in connection with the conduct in ~'aragraphs 3.12
through 3.4 above, within the jurisdiction of the lleparfinent, represent violations of
3 RCW 42.44.20(1}(bj; RCW 42.44.080; RCW 42.44.090(1); RCW ~8,235.13o(d) and (8).
4 The acts, nmi~sions, errors and/or tiiscr~pancies stated above in this Agreed Order,
Sindividually and cumuyatively, constitute misconduct, malpractice andlor unprofessional
6 conduct as de~iicd in chapter 1..8.235 RCW. SucE~ acts are grounds fir the Dcparnnent to
7suspend or revoke the appointment to practice ~s n notary public issued t~ Renecca A. Rnhlke
8and{ar to impose a monetary fine against the Respondent, as provided in RGW 18.235.110.
~I
~~ Section 5
I A~RE~D {)BOER
C2
l~ Based on fhe prec~cling Stipulated Findings of Fact anc~ (anclusions of Law, the
la Program and the Respondent stipulate and a~,recs to enkry ofthe fallowing Order;
~~ 5.1 'I'hc ftespondenYs eligibility for appointment as a Notary Public in the state of
[G Washington i~ permanently revakeci.
17 S.2 ~t is h~rehy agreed and ordered that in lieu cif further disciplinary prpcedur~s,
t8 Respondent shill never practice as a Notary Put~lic ~r aPPIY, re-aPP~Y> ar sc~1c reappointment
~~ far l censure as a Notary Public in the state o~ Wushin~#on ar any otl~~r jar sc3 cfiio►~ in the
~~ United States of ~rnerica.
~~ 53 Within ninety (9~) days aC the effeo#ive date of this Agreed Ordec, the
22 Kesp€rndent shalt pay a fine to the Acpartnien~, by check or money order, in the amount of
23 sever thousand five hundred (IJ.S.} dc~l{ors ($75Q0}. The ci~eck ar money order shall be made
z~ payable tp the "Department of Licensing" and m~iled to tie l3ep~rt~r►ent of Licensing, Notary
~~ P~zhlic T'ra~;ram, Revenue Accounting, ['U E3~x 3907, Seattle, WA 9812 - 907. Urn
26
~TIPUI..ATk3[a 1~YiJ1:)INGS QF FAG'1, Pstgc 4 of 6c~rrcr.usz~Ns ar ~.~w,ANI~ AC`rRG~I~ OI2DLR
P3~u Co~.hr~~Il Uc(1:~'t!5 ~~~i"i:i~~ ''_L~, - W~'+i4".~CVc~icb';%.COf7?
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acceptance ofthis Agt~eed Order, the Program will provide the Respondent wsth an invoice and
instruction on the submittal of the paymeni.
S.d If Respondent violates any provwsion of khis Agreed order, in any respe~et, the
Department c►~ay take furthrr action against Respondent.
S.5 Tk~e parties agree that tails stipulation and agce~d, order cor~stitutcs a full and
camp{ete settlement of this matter.
5.6 The Agreed Order becomes cffeetive immcdiate[y upc~r~ its being served
p~rsusnt to RCW 18.23SA80.
t, Rya A. Rohlke, Respondent, certify that I have read this Stipul$tcd Findings ofFact, Conclusions of Law and Agreed Order in ids oni rety; that my counsel of record, if any, ''
', has fully explained the legal signific$nce and consoqucncc of it; that I fatly undcrstsnd andagree to aiI of it; and that it may be presented to the Dicectcsr~ or her designee, w'€thout myr
apprarance. I~ the Director, ar her designee, accepts the Stlputated Findings of F$ct,Ganclusians of Law and Ag~-ecd Order, l understand fEa~at I will receive a signed copy.
Re A. hlicc, Restx3ndent Date
"~~"" ws3 January 15 2014Patty Eak~ , VJSBA #l$8$$ DateAttorney for Respondent
STIPULATED FINDITIGS OF FACT, Pie 5 af6C0IYCLU310NS OF LAW,AND AGRGEU ORDER
Pfau Cochran ~;~~rt~tis A~7~aia i~LLC. - ~4`.~~w.~c:v~la~U~~.ct~r~
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Section 6
FINAL O1tD~R
The Director, through der duly authorized delegate, accepts and enters this Stipulated
Findings of Fact, Conclusions of Law, and Agreed Order.
DATED #his / day of - .~~r~. 20I4.~—~-~
STATE OF WASHINGTONllEPAitTMLN`T O~ Y.TCENSI'N'Cr
D~V1D AY,KER,Deputy Assistant Director
Presented by:
~~~April Benson T3ishop, AArC, W BA #f4D7~SfiAttorney for No~ry Public Program
STIPULATED FINDINGS OF FACE, Page 6 of 6CO3VCLUSI~NS C)F LAW,ANA AGR~FD ORDER
~~Ic~U LOC~1(tlll ~r~'.I"t,~'ll5 ~~Tlu~u' ~'~.~_~. - 1^JVJ~ti.i~~Cv~lic:b~i.CL~I~(1
EXHIBIT 7
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THE HONORABLE STEPHANIE A. ARENDNOTED FOR MOTION DOCKET: December 13, 2013
Time: 9:00 a.m.
SUPERIOR COURT ~F THE STATE OF WASHINGTONFOR. PIERCE CaUNTY
CHRISTINA MIESMER,
Plaintiff,
u
HUNTER DONALDSON, LLC, aCalifornia limited liability company;MULTICARE HEALTH SYSTEM, aWashington nonprofit corporation;REBECCA A. ROHLKE, individually, onbehalf of the marital community, and asagent of Hunter Donaldson; JOHN DOEROHLKE, on behalf of the maritalcommunity; RALPH WADSWORTH,individually, on behalf of the maritalcommunity, and as agent of HunterDonaldson; JANE DOE WADSWORTH,on behalf of the marital community,
Defendants.
I, REBECCA ROHLKE, declare:
No. 13-2-12653-8
DECLARATION OF REBECCA ROHLKEIN SUPPORT OF OPPOSITION TOPLAINTIFF'S MOTION FOR PARTIALSUMMARY JUDGMENT RE: LIENINVALIDITY
1. I am over the age of 18, have personal knowledge of the facts set forth herein and am
competent to testify thereto.
Perkins Coie LLP
ROHLKE DECLARATION IN SUPPORT OF OPPOSITION 1201 Third Avenue, Suite 4900
TO MOTION FOR PARTIAL SUMMARY JUDGMEI~TT RE: Seattle, WA 98101-3099Phone: 206.359.8000
LIEN INVALIDITY — 1 Fax: 206.359.9000
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2. 1 am the Business Integrity Officer at Hunter Donaldson, LLC.
3. In or around January 2010, T completed an application to become a Washington Notary.
When I applied to become a Washington Notary, I was not aware that residency in Washington
or an adjoining state was a condition for eligibility. I had previously been licensed as a notary in
California. I subsequently changed my name due to marriage, and I understood that I would
have to reapply in California to receive a new commission with my new name. I believed the
administrative process to obtain a notary commission in Washington was faster and more
efficient than the process in Califoznia, which is the primary reason I applied to become a
Washington notary.
4. The notary application that I used did not specifically ask for a residential home address.
I understood the "address" to represent a mailing address. The form included a PO Box
alternative, which led me to believe a mailing address would be sufficient.
5. The address I used on the application form was not my place of residence which was at
all relevant times in California. Instead, I used the address of Jason Adams, who was one of my
contacts at MultiCare. I received mail and communications relating to my notary application at
the Washington address I provided.
6. I submitted my notary application to the State of Washington and it was granted.
7. The notices of claim were prepared at Hunter Donaldson's place of business in California
and were usually signed by Hunter Donaldson on MultiCare's behalf using an electronic
template of Ralph Wadsworth's (my father and business associate) signature. I was and am
familiar with his signature. I notarized his signature using my Washington notary license.
Perkins Coie LLP
ROHLKE DECLARATION IN SUPPORT OF OPPOSITION TO 1201 Third Avenue, Suite 4900
MOTION FOR PARTIAL SUMMARY JUDGMENT RE: LIEN Seattle, WA 98101-3099Phone: 206.359.8000
~N~/f~L,Ij~I`j'Y — 2 Fax: 206.359.9000
l
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8. I was not aware that my father's signature had to be made in my presence. I believed that
notarizing the documents was simply a way of verifying the identity of the person signing the
notices and that he affirmed, under oath, that their contents were true. I had neither the intent nor
the incentive to deceive anyone with regard to these facts.
9. I did not understand the "ss" section on the notices to represent that I was notarizing the
documents in Pierce County.
10. When 7learned that my California residency disqualified me from serving as a
Washington notary, I resigned my appointment and returned my seal to the Washington
Department of Licensing.
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ROHLKE DECLARATION IN SUPPORT OF OPPOSITION TOMOTION FOR PARTIAL SUMMARY JUDGMENT RE: LIENINVALIDITY — 3
Perkins Coie LLP1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099Phone: 206359.8000Fax: 206.359.9000
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35363738394041424344454647484950Sl
I CERTIFY UNDER PENALTY OF PERJURY under the laws of the state of
Washington that the foregoing is true and correct.
DATED at ~~~ ,California, thi~~th day of November, 2013.
ROHLKE DECLARATION 1N SUPPORT OF OPPOSITION TOMOTION FOR PARTIAL SUMMARY JUDGMENT RE: LIENINVALIDITY - 4
Perkins Coie LLP1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099Phone: 206359.8000Fax: 206359.9000