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Home My WebLink About96-05473 ~ ~ ~ r ~ ~ ~ \i '" q: ~ ) r f . "" . .-.-...... .- .' POST & SCHELL. P.C. BY: EVAN BLACK, ESQUIRE !.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 A lTORNEYS FOR DEFENDANT DR. ERIC K. BONSALL ALLAN W. MACIVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 96-5473 CIVIL DR. ERIC K. BONSALL. CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED PETITION TO !\lAKE RIlI.E ABSOI.UTE AND NOW, comes the Defendant, Eric K. Bonsall, MD., by and through his attomeys. Post & Schell, P.C., in support of his Petition to Make Rule Absolute, aver the following: 1. On or about October 20, 1998, Defendant filed a Motion to Compel PlaintilT to execute an Authorization for Release of Dr. Steelman's medical records. and provide responses to the outstanding Supplemenlallnlerrogatories. 2. On or about OciOO<< 23, 1m, Ibis Hunocabk Court issued a Rule upon rLiintilTto Ii B t! H i: [i . i show cause why the relief sought by Defendant Bonsall should not be aramed. The Rule WIS returnable ten (101 days after senice. A tnIe and corm:t top)' of said Rule is attached hemo IS Exhibit "A ". 3. A copy ohaid Rule WIS sen'ed on PlaintilT, on or about October 26. 1991. A tnIe and COl'1Ut top)' of Defendant' s October 26.. 1998. letter is attached hmto IS Exhibit '1)". 4. To date no mponsc has been filed by P1aintitT. :: . "lit' WHEREFORE. Defendant respectfully requests that this Honorable Court make the Rule absolute and that Plaintilfbe compelled to provide the authorization and responses. Respectfully submitted. POST & SCHELL, P.C. BY.~~~~ 240 Grandview Avenue Camp Hill. PA 17011 (717)731-1970 \.0. No. 17884 Attorney for Defendant Eric K. Bonsall. M.D. ~ II ~ 1! 'I " ~; ;, 11 Ii -1- i' ;i OCT 2 2 l~Salh , POST & SCHELL, P.C. BY: EVAN BLACK, ESQUIRE !.D. # 17884 240 GRANDVIEW AVENUE CAMPHILL,PA 17011 (717) 731-1970 ATIORNEYS FOR DEFENDANT DR. ERIC K. BONSALL ALLAN W. MACIVER, PlaintilT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 96-5473 CIVIL DR. ERIC K. BONSALL, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED RUI.F. TO SHOW CAIISF. AND NOW this Cl~~day of ~...., 1998, a Rule is hereby issued to the PlaintilT to show cause why he should not respond to Defendant's Second Motion to Compel. Rule Returnable .;t b days from the date of service of this Order. BY THE COURT, /.s I '1:1...... a... ').k......... J. EVAN BlACK ALEXANDER .I, PALUTlS PAUL W, GREGO CHARLES f', McELWEE PERRY D, MERLO JOHN C, DEVINE COLIN K, LYOCN .JOHN R. KAImlER JOSEPH f', MURPHY MICHAEL E, McGRATH POST & SCHELL, P.C. ATTORNEYS AT LAw 1717.7.11.,Q70 rACSfMIU: 1717. 731'IOB5 1000.JOHN r. ~NNCO'I' BLVD PHlLAO[:L.PHIA. PA 10103.7.aO UllSI a87-1000 rAX: l'IS'e.7.14.... 70 I WHItt HORSE ROAD ~ua....... 080.3 leog, el7-agoo FAA: C8OQ1 827....51 eo I ttAMLTON MlU. AULHTOWN. PA tOIOI CCSloe 43:101'03 'AX: 1810'.33-3071 237 H. ~NCt lImEn LNIC:AS1DI. PA I 7803 .7171.8"4IUI "AX: .7171101'18OQ ao I WASHINOTDN IITMJ:T READING, PA 10003 <<I ,at 37S-I... 'AX; '0'01 :17.-1183 240 G......OVIEW AVENUE CAMP HILL. PA I 70 I I October 26. 1998 _A,_ 171 7J e I Z-eD.3z v-- . _.Tr LCOM hLE. NO. 54118.3823 Allan W. Maciver 149 York Road South DilIsburg, PA 17019 RE: Maciver v. DoasaD Dear Mr. MacIver: Enclosed please find the Rule to Show Cause which was ClIccuted by Judge Hess. You have twenty (20) days from receipt of this Rule to explain to the Court your position on our Motion to Compel. v cry tnlly )'OUtS. Vicki A. Bolinger PII'IIepl VAB/ Enclosure .... ('01 '- t..~ ": " "" ;... ..~ r-' tll' , . ( )T ., ~- "..... (~: ~t , C~ u 4: , ;--. " !::. ,..... -, . . .. f'r: } C lJ' U j 1 I I I I I 6 ... I ~ I I . I ... I ~ Eo< I ... I .s ~, III I I Ill. ~&t .... ~ . I ..:a. . ~ II C I J J . I > > .g I , I . ~ ~ - I IA I U l) I C ~ . I 0 IR~~ Ie ... lio: I ~ I I "'I I 4J I . l) I l) If I :;1 I . :a ~ I < I ~l .. 1 I C IaI ... e~ g . I I III ~ I ... . I > I I . ... k I ~ I < a I u I I I 6. On or about October S, 1992, Defendant discharged Plaintiff from the hospital with an intake scheduled for continued partial hospital treatment. 7. Privileged communications, whether written or oral, shall not be disclosed to anyone without written consent according to 40 Pa.C.S. fi 7111. 8. On or about October S, 1992, Defendant had Plaintiff sign an "Authorization for Release of Psychiatric Infonnation." See Exhibit "A" 9. The Authorization gave Defendant permission to release, "diagnoses and treatment recommendations" to Plaintiff's employer. 10. On or about October S, 1992, the Plaintiff lacked capacity to grant permission to Defendant to release Psychiatric Infonnation because of his mental illness, II, Defendant is a medical doctor, psychiatrist and knew or should have known that Plaintift'lacked capacity to authorize the release of Psychiatric Infonnation. 12. Plaintiff's lack of capacity nullified the authorization to release Psychiatric Infonnation, 13. On or about October 8, 1992, Defendant communicated by phone and letter with Joseph Josephson. Ph,D" Plaintiff's supervisor at Plaintiff's place of employment, disclosing confidential Psychiatric Information breaching his statutory and contractual duty to not disclose confidential information about his patient, See Exhibit "8" 14. Plaintiffwas not gi\'Cft a copy of the "Authorization for Release of Psychiatric Information" that he siped on October S. 1992 IS, PlaintifTbecame aware ofsipina the relase on or after July'. 1995, when .2. Defendant sent a copy of the release to Plaintiffs attorney. 16. AJ a direct and proximate result of Defendants breach ofconfidentiaIity, Plaintiff was fired from his employment with the Pennsylvania Department ofCorrec:tions. 17. Defendant' s conduct, as set forth in the foregoing paragraphs of this complaint, were so outrageous in character and so extreme in degree as to faIl outside the bounds of decency and is to be regarded as intolerable in the community. 18. Defendant's conduct as aforesaid was outrageous, wanton, wiIlful and malicious. WHEREFORE, PlaintiffrespectfuIly request your Honorable Court to enter judgment in their favor and against Defendant for: a) for compensatory damages against the defendant, for monetary losses and physical and emotional pain and suffering, in an amounl to be detennined by this court, exclusive of costs and damages for delay. and for such other relief as the court may deem appropriate. b) for punitive damages against the defendant, in an amount to be detennined by this court, exclusive of costs and damages for delay, and for such other relief as the coun may deem appropriate. COUNT 11 DEFENDANTS BREACH OF FIDUCIARY DUTY NOT TO DISCLOSE PLAINTIFF'S CONDITION AND RECORDS 19, The forqoing paragraphs are incorporated herein by referellce as iffuUy set forth It Jenath. 20. On or about October 5, 1992. Ptaintift'siped the authorization for release of Psythiatric: Information, See ExhIbit M A" .J. 21. The authorization gave permission for Defendant to release, "diagnoses and treatment recommendations" to Plaintilrs employer. 22. Defendant's letter to Plaintiffs employer states, "I judge that he (Plaintifl) is not capable ofretuming to work at this time." See Exhibit "8" 23. Defendant's statement is a medical opinion ofPlaintilrs capabilities. 24. Defendant's statement is not a diagnosis or a treatment recommendation, 25. PlaintilTnever authorized Defendant to release Defendant's medical opinion of Plaintiff s capabilities, 26. Defendant breached Plaintiffs statutory and contractual right to confidentiality. 27, As a direct and proximate result of Defendants breach of confidentiality, Plaintiff was fired from his employment with the Pennsylvania Department of Corrections, 28, Defendant's conduct, as set forth in the foregoing paragraphs of this complaint. were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community. 29, Defendant's conduct as aforesaid was outrageous, wanton, willful and malicious, WHEREFORE, Plaintiff respectfully request your Honorable Court to enter judgment in their favor and agl.inst Defendant for: a) for compensatory damages against the defendant, for monetary losses and physical and emotional pain and sutTenng, in an amount to be determined by thIS court, exclusive of costs and damages for delay, and for such other relit! as the court may deem appropriate. b) for puniti~'e damaaes &pinst the defendant, in an amount to be determined by this court, exclusive of costs and damaaes for delay, and fOf such other rehef as the court may dtem .... appropriate. COUNT III DEFENDANT'S BREACH OF FIDUCIARY DUTY NOT TO DISCLOSE PLAINTIFF'S CONDITION AND RECORDS 30. The foregoing paragraphs are incorporated herein by reference as if fully set forth at length. 31. Plaintiff signed an authorization for release of Psychiatric Information which indicated that the information released is to be used for the specific purpose of, "my (plaintitl) return to work," See Exhibit "A" 32, Defendant's letter to Plaintiffs employer stated, " I judge that he (Plaintitl) is not capable of returning to work at this time," See Exhibit "B" 33. Defendant's statement was not for the specific purpose of Plaintiffs return to work and therefore Defendant was not authorized to disclose this information, 34. Defendant breached Plaintiffs statutory and contrlctual right to confidentiality. 35. As a direct and proximate result of Defendants breach of confidentiality. Plaintiff was fired from his employment with the Pennsylvania Department of Corrections, 36, Defendant's conduct, as set forth in the foregoing paragraphs oftM complaint, were so outrageous in character and so 6treme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community, 31. Defendant's conduct as aforesaid was outrageous. wanton. willful and malicious. WHEREFORE, Plaintiffresp<<tfully request your lIonorable Coun to enter judgment in .5. their favor and against Defendant for: a) for compensatory damages against the defendant, for monetary losses and physical and emotional pain and suffering, in an amount to be determined by this court, exclusive of costs and damages for delay. and for such other reliefas the court may deem appropriate. b) for punitive damages against the defendant, in an amount to be determined by this court, exclusive of costs and damages for delay, and for such other relief as the court may deem appropriate. COUNT IV DEFENDANT'S BREACH OF CONFIDENTIALITY AND BREACH OF CONTRACT BY FAlLING TO PERFORM A CONDITION PRECEDENT TO RELEASE OFINFORMATIONN 38. The foregoing paragraphs are incorporated herein by reference as if fully set forth at length. 39, Plaintiff signed an authorization for release of Psychiatric Information which indicated that, "I (Plaintifl) also understand that I have the right to inspect the information that is to be sent." See Exhibit" A" 40, The Authorization given to Defendant could be withdrawn by the Plaintiff at any time. See Exhibit "A" 41. Defendant communicated by telephone and letter with Plaintiffs employer on October 8, 1992 42. Defendant did not allow Plaintiff to inspect the information sent by Defendanl to Plaintiffs employer prior to sendi"l or orally communicatingtbat information 4), Defendant bmched P1aintitr. statutory and contractual riaN to confidmtia1ity by -6- failing to allow Plaintiff to inspect the information communicated by Defendant to Plaintifrs employer. 44. As a direct and proximate result of Defendants breach of confidentiality and breach of contract, Plaintiff was fired from his employment with the Pennsylvania Department of Corrections. 45. Defendant's conduct, as set forth in the foregoing paragraphs of this complaint, were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community, 46. Defendant's conduct as aforesaid was outrageous, wanton, willful and malicious. WHEREFORE, Plaintiff respectfully request your Honorable Court to enter judgment in their favor and against Defendant for: a) for compensatory damages against the defendant, for monetary losses and physical and emotional pain and suffering. in an amount to be determine.i by this court, exclusive of costs and damages for delay, and for such other relief as the court may deem appropriate, b) for punitive damages against the defendant. in an amount to be determined by this court, exclusive of costs and damages for delay, and for such other relief as the court may deem appropriate. 47. at Iqth. COUNT V DEFENDANT'S TORTIOUS INTERFERENCE wmt PLAIN llfF.S EMPLOYERlEMPLOYEE RELATIONS The foregoing paragraphs are incorporated herein by remcnce as itfully let ronIl .7. 48, Plaintiff, prior to Defendant's interference with Plaintilrs employer, had been employed with the PeMsylvania Department of Corrections, and, but for the actions of the Defendant alleged in this complaint, would have continued to enjoy that employee status. 49. Defendant's open and wrongful communication of confidential information of Plaintiffs existing mental condition was intended to harm Plaintiff by havir.g his status as an employee of the Pennsylvania Department of Corrections terminated. 50. ~ a direct and proximate result of Defend ani's actions, Plaintiff was fired from his employment with the PeMsylvania Department of Corrections, 51. Plaintiff has sustained irreparable, and substantiallos5e$, RELIEF REQUESTED By reason of Defendant's actions, Plaintiff has and continues to be irreparably harmed and injured and suffers daily loss on salary income, promotions and benefits, WHEREFORE, plaintiff respectfully requests that this coun grant the following relief: 1. Award monetary dlll1l8es to Plaintiff against Defendant. 2. Such other and further relief as the Court detlllS to be reasonable, necessary. and just. Date ~. '-4, t; ~<, ~~ \ \d.","- RanclaI1 L Hartman, Esquire RanclaI1 L Hartman, PC 431 Market Street Lemoyne. PA 17043 ('17) 761-1490 Attorney f'ot PIai1ltifT -1. oonsall, r<lanlredl & Associates, P.C. Medical Arts Building. Sulle 210 220 Wilson Sheet Carlisle, Peunsvlvanla 17013 717.213.1411 I AUTHORIZATION FOR RELEASE 01' PSYCIlIATRIC . .~ 7 J J Qt1 /fl a.L"f(.;e ( give INI'ORHATION my permission for BOnSALL, MAlIFREDI , ASSOCIATES, P.C. to release the concerning myself to (Name of ~ The information released is to be used for the specific purpose of m L~ r e "''-\.I /0 --\. c:.::> u...'CA (: I have been t~~ that in order to protect the confidenti- ality of records, my consent to the release of this information is necessary and that this permission is limited for the purposes and to the agency or person listed above, and will be effective only durinq the datl!S stated below. 1 understand that I may withdraw my permission at any time either by written request or, if I am physically unable to sign a written request, upon oral request before two responsible witnesses. I also undertand that 1 have the riqht to inspect the infonnation that is to be sent. This consent shall be in effect from until '1 //0 /7 .3 St.(7~ /~J /O/~ /9;;.. , ~ (II JtrJ CJV T ~ Pat ent/Parent/Guardlan /~/)/92. Uate To be cOlllpleted if the patient was physically unable to sign. Ne affirm that waa physically unable to sign, but he/ahe understood the nature of the release and freely gave hia/her verbal con.ent. ne.pon.ible Witne.. ~e.ponsible Witness Elhlblt "A" 5-30-1995 4.24PM ~. ' . l\..,.L ,,:....\t'-~..I\!~t~I,'", ..' ""'~I:""...r.".t..~..t.........l" . -~~~!!;~~:'?"."'.~. ">." ~i~~,~~t:"~..: ;. ..:: '" ;' ~Mhl( tk,//tl#.A ..f. .. ." FROM NICHOLAS-FOREMAN 717236SS0~ P.I /J..f 761- q I'f 3 wi :,&1" ~ .,.. ..'. "' '.' . . . .....'~.....~:.:..~.'.......,'J:...~'!';w-::..I^.;t.;........:..........th.-r...''':O';''::'~l:.~''~''''t~.'''''''' .' . '..:.: ;;';. '.~ '.' ,,;": ". ~ ,',... ":, ::':'.1.'. .;., . t." "'):"~"'",'" ...... ...-"...~t.~:-.. . '@f~'..,...!;~,..",;.'I.,!_".lifal~..'\"'., '.' ';.:.', ::~:i,;'l:""."""" '. . "'-_,_-1:.. ,.. ," ,..- t',- . . .. l L, ,". ,0. J' . I .... ~;.;...~~:::t:'~:':'. ',:;- ': 248 p~ S\'M';' ~:o:...< " ;.:. . ,.', ,;' ,~, " . P~O. 8~'O,'" ",:, ",f-,:' .:.... , ,. , " 0&111.11. Plnl'ftl.an~1ro1.3.03.'~: . ': - 1-8Q0.34~789 · (717) 24~212 . '''<-';'!'''r . .'.-.-,. ," ;'~:"'. , . odicib.r 8. 1QQ2 jo..ph Jo..phson. Ph.~. Chief P,YOhololl.t Stat. Corr.o~lon~1 In.tltute Ca.p Mill. PA I~OOI.~e3T .. .- -"- ' . Oe.r Dr. Jo..ph,on. A. w. dlscussad on t~. phon. on 10/e/9~. Allan Maelv.t ~as an Inpatient at Carll.l. HopS~al fr~. Q/:7/Q% to 10/5/9:. HI. dl.ohare. dlalno.ls ~as BIpolar DI.ord.r. His .edlc.tlons on dlsohaTle ~er. T..r.t~1 :CO., 'bid. Prollsln 50' q AM. ~O.c q HS .nd COfantSn 1.0.. bid. It Is my ollnloal Judle..nt 'hst Mr. Maolver.s ourrent cor.dltlon requIre. further 'teat..nt In a partial hOlpllal .nt,lnC. I Jude. that he it nol capab:. of raturnSnl lo wor:: ..~ .,hI. \l.... 'JudeeGanU cc.neernlnc hi. abIlity to ratv.ft \~ ~ork In the f~tur. cannot be ..~. .~ this tl.. as:'hls depend. on hi. r..pon.. '0 tr.a'.ent. Future que.'I~n. ,.,ardlne hll 3ta~u, would b.., ba anaw.red by hi. tr.atlne physlolan at the partIal prolra.. --;. ~. (vo. . .' C:C:J . At b)' 3"s n:C Chlsf ',)'oholo,ll' Sta'e Correctional Instltut. e..p Hili. PA ~7001.ee37 EX" ,.. . .. ~ ._.._ ..,..........4 ~__<O. " " '\ Exhtbtt "8" ., . ALLAN W. MACIVER. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLV ANlA J. Plaintiff v. NO. 96-5473 CIVIL DR. ERIC K. BONSALL. CIVIL ACTION. LAW Defendant JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW. this day of , 1997, upon consideration of Defendant's Preliminary Objections to the Amended Complaint, this Coon issues a Rule upon Plaintiff to show cause why Plaintiffs claims for breach of contractual duly should not be dismissed. why Plaintiffs claims for punitive damages should not be stricken, and why Plaintiffs various prayers for relief should not be stricken. This Rule returnable within twenty (20) days after service upon Plaintiff. BY THE COURT: 10. Plaintiff has not alleged the existence of an express contract between himself and Defendant. 11. In the absence of a special contract, a physician is neither a warrantor of cure nor a guarantor of the results of treatment. Smith v. Yohe, 194 A.2d 167 (Pa. 1963); Mason v. Western Pa. Hosoital. 428 A.2d 1366 (Pa. Super. 1981). 12. Moreover. Pa. R.C.P. 1019(h) requires that a pleading shall specifically state whether any claims are based upon a writing, and further requires that a copy of the writing be attached to the pleading. 13. Plaintiff has not appended any such writing to the Complaint. in violation of the above rule. The authorization for release of information appended to the Complaint does not constitute a contract. 14. Without pleading or demonstrating the existence of a contract or contractual relationship between the panies, Plaintiff has failed to state a claim for which relief can be granted. WHEREFORE. Defendant Dr. Bonsall respectfully requests this Honorable Coun sustain this Preliminary Objection, and order that PlaintilT's claims for bn:ach of contractual duty in Counts I through IV be dismissed with prejudice. 3 " 6. On or about October 5, 1992, Defendant discharged Plaintiff from the hospital with an intake scheduled for continued partial hospital treatment. 7. Privileged communications, whether written or oral, shall not be disclosed to anyone without written consent according to 40 Pa.C.S. ~ 7111. 8. On or about October S. 1992. Defendant had Plaintiff sign an "Authorization for Release of Psychiatric Information." See Exhibit "A" 9. The Authorization gave Defendant permission to release. "diagnoses and treatment recommendations" to Plaintiffs employer. 10. On or about October 5, 1992, the Plaintiff lacked capacity to grant permission to Defendant to release Psychiatric Information because of his mental illness. 11. Defendant is a medical doctor, psychiatrist and knew or should have Icnown that Plaintift'lacked capacity to authorize the release of Psychiatric Information, 12. Plaintitr s lack of capacity nullified the authorization to release Psychiatric Information. 13. On or about October a. 1992. Defendant communicated by phone and letter with Joseph Josephson. Ph.D., Plaintiffs supervisor at Plaintitrs place ofemploymerJt. disdosina confidential Psythiatric Infonnation breaching his stltutory and COIIttICtUll duty to not disclose confidential information about his patient, See Exhibit "BOO 14. Plaintift'wu not &iven a copy ofthc "Authorization for Release oCP.,dliatric Information" that he siped on October S, 1992. IS. PlaifttiKbec:amt awveof'sipina thcrelwe OllOr after J\IIy 7. I"So.. .2. Defendant sent a copy of the release to Plaintifrs attorney. 16. As a direct and proximate result of Defendants breach of confidentiality, Plaintiff was fired from his employment with the PeMsylvania Department of Corrections. 17. Defendant' s conduct, as set forth in the foregoing paragraphs of this complaint. were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community. 18. Defendant's conduct as aforesaid was outrageous, wanton, willful and malicious. WHEREFORE, Plaintiff respectfully request your Honorable Court to enter judgment in their favor and against Defendant for: a) for compensatory damages against the defendant, for monetary losses and physical and emotional pain and suffering. in an ~mount to be determined by this court, exclusive of costs and damages for delay, and for such other relief as the coun may deem appropriate. b) for punitive damages against the defendant, in an amount to be determined by this court, exclusive of costs and damages for delay, and for such other relief as the court may deem appropriate. COUNT II DEFENDANTS BREACH OF FIDUCIARY DUTY NOT TO DISCLOSE PLAINTIFFS CONDmON AND RECORDS 19. The forqoina paragraphs are incorporated herein by referace as if t\al1y let forth at lqth. 20. On or about October s. 1992. PlaiIltift'tiped the authorizalioIl f'or relllM or psydliatric: Iafonnation. See Exhibit .. A" .}. 21. The authorization gave permission for Defendant to release, "diagnoses and treatment recommendations" to Plaintiff's employer. 22. Defendant's letter to Plaintiff's employer states, "I judge that he (Plaintift) is not capable ofretuming to work at this time." See Exhibit "B" 23. Defendant's statement is a medical opinion of Plaintiff's capabilities. 24. Defendant's statement is not a diagnosis or a treatment recommendation. 25. Plaintifl'never authorized Defendant to release Defendant's medical opinion of Plaintiff's capabilities. 26. Defendant breached Plaintiff's statutory and contractual right to confidentiality. 27. As a direct and proximate result of Defendants breach of confidentiality. Plaintiff was fired from his employment with the PeMsylvania Department of Corrections. 28. Defendant's conduct, as set forth in the foregoing paragraphs oflhis complaint, were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community. 29. Defendant's conduct as aforesaid was outrageous, wanton, willful and malicious. WHEREFORE, PlaintiffrespectfuUy request your Honorable Court to enter judgment in their favor and against Defendant for: a) for compensato!}' damages against the defendant, for monetary losses and physical and emotional pain and suffering, in an amount to be determined by this court. exdusive of costs and damaaes for delay, and for such other relief as the court may deem appropriate. b) for punitive damaps apinst the defendant, in an ImOUlIt to be determined by this court. eltclusi'"e of casu and damages for delay. and for sucll other relief as the COUrt may dtem -4. .. appropriate. COUNT III DEFENDANTS BREACH OF FIDUCIARY DUTY ~OT TO DISCLOSE PLAINTIFF'S CONDmON AND RECORDS 30. The foregoing paragraphs are incorporated herein by reference u iffWIy set forth at length. 31. Plaintiff signed an authorization for releue of Psychiatric Infonnation which indicated that the infonnation released is to be used for the specific purpose of, "my (plaintiff) return to work." See Exhibit " A" 32. Defendant's letter to Plaintiffs employer stated, " I judge that he (plaintifl) is not capable of returning to work It this time." See Exhibit "B" 33. Defendant's statement was not for the specific purpose of Plaintiffs mum to worIc and therefore Defendant was not luthorized to disclose this information. 34. Defendant breached Plaintiffs statutory and contractual right to confidentiality. 35, AJ I direct and proximate result of Defendants breach of confidentiality, PIaintifr was fired Iiom his employment with the Pennsylvania Department of Corrections. 36. Defendant.s COllduct, u set forth in the forqoina paraaraphs of this amIpIaint. were 10 outraaeous in dlaracter and 10 extreme in dqm u to ran outside the bounds of decency and is to be reprded u intolerable in the community. 37. Deftndaat's conduct u aforesaid was outrapous. wanton. wiI1fid and maliciou1 WHDEroIlE, Plaintift"rtSpec:tAaly request your IIooonbIe Court to enter judpnent 1ft .5. their favor and against Defendant for: a) for compensatory damages against the defendant, for monetary losses and physical and emotional pain and suffering, in an amount to be determined by this court, exclusive oC costs and damages for delay. and for such other relieC as the court may deem appropriate. b) Cor punitive damages against the deCendant, in an amount to be determined by this court, exclusive oC costs and damages Cor delay. and Cor such other relieC as the court may deem appropriate. COUNT IV DEFENDANT'S BREACH OF CONFIDENTIALITY AND BREACH OF CONTRACT BY FAILING TO PERFORM A CONDITION PRECEDENT TO RELEASE OFINFORMATIONN 38. The foregoing paragraphs are incorporated herein by reCerence as iffully set Conh at length. 39. Plaintiff signed an authorization for release oCPsychiatric Information which indicated that, PI (plaintift) also understand that I have the right to inspect the information that is to be sent." See Exhibit "Aft 40. The Authorization given to Defendant could be withdrawn by the P\aintift" at any time. See Exhibit .. A" 41. Defendant communicated by telephone and lener with Plailltifr. employer on October I, 1992. 42. Defendant did not allow Plailltil!' to inspect lhe information Seal by Def'tadant to Plalntifr, employer prior to sendina or onIIy CClIIIImIllicat that informatioIl. 43. Dd'tadant bread\ed Plaintifr, ItAMory and C'OfttraCtUIl ripl to (~lltiality by -6- failing to allow Plaintiff to inspect the information communicated by Defendant to Plaintiff's employer. 44. As a direct and proximate result of Defendants breach of confidentiality and breach of contract, Plaintiff was fired from his employment with the PeMsylvania Department of Corrections. 45. Defendant's conduct, as set forth in the foregoing paragraphs of this complaint, were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community. 46. Defendant's conduct as aforesaid was outrageous. wanton, willful and malicious. WHEREFORE, Plaintiff respectfully request your Honorable Court to enter judgment in their favor and against Defendant for: a) (or compensatory damages against the defendant, (or monetary losses and physical and emotional pain and suffering. in an amount to be determined by this court, exclusive o( costs and damaaes (or delay, and for such other relief IS the court may deem appropriate. b) for punitive damages against the defendant, in an amount to be determined by this coUrt, exclusive o( costs and damaaes (or delay. and (or such other relief IS the court may deem appropriate. 4'. It Jcnatll. COUNT V DEFENDAN'rS TORTIOUS INTEJlFEJlENCE WITH PLAINTtFFS EMPLOYERlEMPLOYEE RELATIONS The tbreaoial parqnphs are incorporated berei.tl by rd'C1 e.~ II if 6JIJy set forth .7. .' 48. PlaintllT, prior to Defendant's interference with Plaintiff's employer, had been employed with the PeMlylvlnia Department of Corrections, and, but for the actions of the Defendant alleged in this complaint. would have continued to enjoy that employee status. 49. Defendant's open Ind wrongful communication of confidential information of Plaintill's existing mental condition WIS intended to harm Plaintiff by having his status as an employee of the Pennsylvania Department of Corrections terminated. SO, AJ I direct and proximate result of Defendant's actions, Plaintiff was fired from his employment with the Pennsylvania Department of Corrections. S 1. Plaintiff has sustained irreparable, and substantial losses. RELIEF REQUESTED By reason ofDd'endant's actions, Plaintiff has and continues to be irreparably harmed and injured and suffers daily loss on sail!)' income, promotions and benefits. WHEREFORE, p1aintifl'respectfully requesu that this court grant the fonowing rdicf: I, Award monetary damages to Plaintiff against Defendant. 2. Sudl other and funher relief as the Court deems to be reasonable, necessary, and just. Dat.~. :.l-~,f\\l( ~4~\ \d-....... RaDdaD L Hartman. Esquire RandaI1 L Hartman, PC 438 Market Street Lemo)'llC. P A 17043 ('17) 761.1490 Attorney for Plaintiff -I- .j. ~.. . .~..,- .. ....- .. '. .~. . ....--. ,...~.." 130nsall, Manfredi & Associates, P.C. Medical Arts Building, Suite 210 220 Wilson Slreet Carlisle. Pennsylvania 17013 717.243.1444 AUTHOlUZA'l'ION FOR RELEASE OF PSYCHIATRIC . 4J!Qf/ /J1a.cT'(;er INJ'ORKATION I give my permission for BONSALL, MANFREDI & ASSOCIATES, P.C. to release. the following information concerning myself r\ , 0. '::..1V'\C.l <..c:.-c.." :: 0., to . (J (Name of agency 0 person The information released is to be used for the specific purpose of m~ re+\.\.\ f0 ~c.::> L-...od: I have been t~ that in order to protect the confidenti- ality of records, my consent to the release of this information is necessary and that this permission is limited for the purposes and to the agency or person listed above, and will be effective only during the dates stated below. I understand that I may withdraw my permission at any time either by written request or, if I am physically unable to sign a written request, upon oral request before two responsible witnesses. I also undertand that I have the right to inspect the inforlnation that is to be sent. This consent shall be in effect from lo/~/9:l. , r (jj ftJ T~ pat1ent/paren~ard an / ~/ ~/ 9:l... Date To be c~pleted if the patient was physically unable to .i9n. We affirm that v.. phy.ically unable to sign, but he/she understood the nature of the release and freely gave his/her verbal consent. , Responsible witne.. Responsible Witne.s hhlblt "A" 6-30-1995 4.24PH ~.., " ~"~'~"":,w,'\,"', ", '.' .,..t~.'~J"if".fI!4""". . :.~., ';,;j "~'}I"'''''P' "" ..... ... ' ~... 011 ' it....,,9tt~~;.: ... ~l'~~~~'~Q/~'1t::JI'f' \. "a i' .(c.~d~l/ d,//tt4^ ~ -" !If 7~/. '11'1 j wi :1&/- 3'~ " ...-.. . .,: .' .~:. . '-,' Ootob.r 8. 19l1~ .' f"RO.I NIOQ..AS-FOOEMAN 71723666!'l2 P.I .... .... .. '.. . ... .......:.........:.: '!...~::;~'~~v-;...i..."I'~.:...~ ':"'-"'..:'~<j""''')''.'-i:';''t.~'~~t'':.'''h' .,........:t..").o ,0' .. - .'. . . .. ". . . f ..' . : :. ",;.. 0' '.: ..... ,... .'. .' ~ ....c:,~. .... - I. .. ... fo,...~ ..,,"<,:~. .. .J. '.. '. ... .... .' ",' ""'~:~~f!,,;o.I'" . ." @f ,... liSl'.':' :/,'~,.~ '!f,j.,ii:;fifal~"''i.:'' .;..' :;.:,. .~~.::.:.':t-.":~.... .':-- . . ..... .. . :.. I... ~... . .. .'~ e:.... ........ . . .'..' 0, f '.: ,..:..~:-..!~:~~~::::.... " .:=: :. '," . 246 Pe,lk"'S\'"\,,,"I '--.-.". ~.'. . ,"'. .~.~ .. .. p:o. 8.-,,1Q...... "::. I~!\:':. .:.... _" .. .. . Carl/sle. Pe"~I.an!.B...1?01.3.()310" .; ". . 1-80<l-34904m · (717) 24~2~': '. . ' jo.eph JoS'Phson. Ph.~. Chl.f P'YOhoIQCI.t Stat. eorr.otlon~1 Institute ea.p Hili. PA I.001'~837 D.ar Dr. Josephson: .0 ._ -"- . . A. we dl,cuSS'd on the phon. on 10/eI9~. Allan Haolvar ~a. an lnpatl."~ at Carl1111 Hopltal fr~. ,111:7/92 to 10/519:. HI. dl,oharet dlaeno.l. ~.s alpolar DI.order. Hls ..dlc.tlon. on dhoharce Wil'l 'l'.,r.t~1 :'~OIllC 'bid. Prolhl" Sill' q AH. ~O'e q HS and COetntl" 1.01:11 bl::l, I t I. ..y ollnloal Judl..ent th~t It". Haolver'. curr.nt Gondltlon requl,.. furth.r tr.at..nt ln a partial ho.pltal '9,tlne, I JUdce that hI I. nat eaplb:t of returnln. to ~or~ at ~hl, tl... ~ud.'Q.n\. conelrnlne hi. abllltY'to r.,v.ft ,~ work In the :~ture cannot b. ..:. .~ thl. tl.. a.:thl. d.p.n~s on ~i. r.'ponse to tr.at..nt. F~ture qUI'tl~n. rlcardln. his .tatus would b..t bt ansvlrld by hi. treatln, phy.lola" at thl partial proara.. .;.... <..... .... eel r. Arby ~hen~ Chi" '.)'choIOClst State COrrlctlontl Instltut. Ca.p Hili. PA ~7001.ee)7 nl/jll '. "'~-'-_'..~ ,. hhlblt -8- .......... :'.": ~ . . . ., . ALLAN W. MACIVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 96-5473 Civil v. DR. ERIC K. BONSALL, Defendant JURY TRIAL DEMANDED Clvn. ACTION - LAW VERIFICATION I. Allan W. MacIver. the undersigned, hereby verify and confinn that I have reviewed the foregoing document. and the statements made in this Amended Complaint are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904, relating to unsworn falsification to authorities. Date Dee.. z..y. (~~ G, , 4.. Iv. 7fi<- 0 /fI<Il ~ ../ Plaintift' - \l1 -;- t: tr. .- i i'~ .- ~:) .t: (-.l 'J..... - ' ..:., \..; .. --# .." " ~ .... '-:';J c .,... (: r- : ': l t. I ~.~ ,\::, -- ,-.-..", .... -,\1;. F ..< ..- -, . \) ~ :'.l () . , I I 1 I I I ::~Ht-E I FF' ~ 't'.!~ - EEC:!)! . -. H!'\ CAS~ NO: 1~9h-0547J p ClIMMU/iWEALTH 'W H:rlN':'YLVAtHA: CUllNTY uf CUMB~:RLANV :'1AI'lVt:R AI,LAN ~ 'IS. lllINSAq,,_.!::RIS_K DR M[l:HAFL 11:KES , Sh.rlfi or ~eputy ~heriff of CUMlIEhl.AND County. Penn3ylvo:Jnla, "he< b~lng !jtJly aytJrn '3,:cnrdlog to' 1 aw, the wIthIn wHIr v~. says.. \.~I.lMMUHL.J vaS' ger'~~d ._-_._---~_._"..---_.._~.- ~J:'H'\n 81JNS^LL f:nIC ~: [iR _._-"-....,.._-~,~,---~~-~..~.---._..-_.-.,-..,-----_._.__._. ;jefer,.jarlt~. tit ~lt.~")LC0 Hj~~:UK:~. ';r'\ ~~€> ~_<~~_t~. rjaYJ! _\}o;_'t.~.t~..L...._.-.__. 1 '~"'t 3 t :' Ih FARK"-T :::;TE~.~f.T __.~_>_________._._-.:.__ -.._______+___h______~.,._____..____ '__~_~h ~ I.2J:tI.&.J, P A .1 7r2' l_:..,,'__,_.~_.~.___~_~^__.__."'_~__,_. ~__ ,,_,___.._,__..~_.. .....~. _~.,.__. ::.31,~~X51.Atli.:_"_.____. :,.,. .'r'. F'etir.sylvanla. by ~,a.r.(jl!'a ~."> S~rlr.._J:.Q_Y.t:..h.lt._ .,~.~,:d,k.~_JH._C-tL~~.~.L.!;l:_.__~__. ~-:t:t ~L..~_~t~LA:;~ UF t:MJ'LQJM~:NI,____._.~,_~___~"',. ---,.....- ._..........-...'._--'"--_._,..__..._---~.._-"_....,~--~-_..~,,..-. a t.~' UI:" :i"d -3ttE's~'i:'d ::;o~..,. <,! ~.ht.; ._~f:':: ,_F _~~~;Mn;>N':;. 3I;-.! 3":. th@ ~Httt~1Ii? tlm~ .j.l;€f<~tlr;.) H.tl at^~o?t....l::.n t..:: t.r:-::'=::-:-l~,~r,t:s ~_ri€'re;:-.f. :::.Ti:'--'j li1's Cc.~t.~~ ~'~'~'\o':et.ln~ '.~ tt~ r .... l':'f!':' At. t 1~1dV:l t -'-.i[ ::h1fq~ "3""~~~ 'T ... ,~ c.e :6-. '2',0 .. ., ,1 p _.~ <;;' t:~;~" :. 0t~, :" ;"f, ::. ,i.~~';;.--'~rl!;~ .~~-~:-rl-rr'------------- '~7;:-nr--!\AN:_:A :..:.. l~~ 2~~' 1 HARr~A.'i ~"' .. f.. !It::(~L,:#rrJ.._. .. n.. ....., ,,", '.. '-'~ -'" . ~ '~".' ~ lt, llt~ .' 1;' If '.!.'l \' ,"f ,. )i ~ !'.~<J 0' U tt". --~. ~ ~ ?; I~. ~ 8~ i p~ ~ ~ ii ~ ~ ~ ALLAN W. MACIVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Docket No. 96-5473 v. Civil Action - Law DR. ERIC K. BONSALL JURY TRIAL DEMANDED PRAECIPE POR ISSUANCE OP RULB TO PILB A COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. fit ~ 1~ (V-(JU E BIJ(CK. ESQUIRE tOl North Front Street Harrisburg, PA 17101 (717) 232-5931 I.D. No. 17884 Attorney for Defendant RULB TO PILE A COMPLAINT AND NOW, this ,~ day of ~lil . 1996, a Rule is hereby granted upon the Plaintiff to f Ie a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. ~,.,{ t' y~/~ tl'nlol! Prot notary . I '. ALLAN W. MACIVER. : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA Plaintiff v. NO. 96-5473 CIVIL DR. ERIC K. BONSALL, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE withdraw Defendant.s Preliminary Objections to the Complaint. for the reason that an Amended Complaint has been filed. Respectfully submitted. POST & SCHELL. P.C. By, (j/Rdk J;W AN BLACK. ESQUIRE JOHN R. KANTNER. ESQUIRE 101 North Front Street Hanisburg, PA 17101 (717) 232-5931 1.0. No. 17884 1.0. No. 75741 Attorneys for Defendant , .~~ Ci= a) ;- ..r c-.. .. .- .. '.... ~~' M '2 :-;: ~',. '.~ , '...., ftl- ~ .)~ ~:: .. N ,~ ":''J ,F: I "'2 =7- - ;,fe t, ~. .. 0:= --, . lie ,.. '5 u C1' u , ALLAN W. MACIVER. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 96-5473 CIVIL Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DR. ERIC K. BONSALL, RULE TO SHOW CAUSE AND NOW, this day of , 1996. upon consideration of Defendant's Preliminary Objections, this Coon issues a Rule upon Plaintiff to show cause why this action should not be dismissed. or to show cause why the alternative relief requested in Defendant's Preliminary Objections should not be granted. This Rule returnable within twenty (20) days after service upon Plaintiff. BY THE COURT: J. ALLAN W. MACIVER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 96-5473 CIVIL DR. ERIC K. BONSALL, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant Dr. Eric K. Bonsall. by and through his attorneys. Post & Schell. P.C.. and for his Preliminary Objections to Plaintiffs Complaint, states as follows: 1. This is an action for personal injuries arising out of alleged nonconsensual disclosure of cenain medical information by Defendant Dr. Bonsall. 2. This action was commenced by Writ of Summons on October 4. 1996. with Complaint filed on November 6. 1996. Copies of the Writ and Complaint are attached as Exhibit "A". 3. Plaintiff alleges he signed an authorization for release of psychiauic information on October .5, 1992. at Dr. Bonsall's request. giving authorization to release "diagnosis and treatment recommendations" to Plaintiffs employer (alb('1le<l as exhibit to Complaint, Exhibit "A"). 11. Plaintiff seeks recovery for personal injuries manifested by mental anguish, emotional distress and impaired earning capacity. 12. The statute of limitations in actions for injuring personal propeny. or in any other action to recover for injury to person founded on negligent. intentional. or otherwise tonious conduct, is two years from the date of accrual. 42 Pa. C.S.A. 5524(3). (7). 13. As the two-year prescribed statutory period for commencing a cause of action has expired. Plaintiff is barred from bringing this suit, and has therefore failed to state a claitn for which relief can be granted. WHEREFORE, Defendant Dr. Eric K. Bonsall respectfully requests this Honorable Coon sustain this Preliminary Objection. and dismiss all claims in Plaintiffs Complaint, with prejudice. II. AlternatlYf Demurrer to PIa1ntllrs Claims ror Breach or COIlll'llctual Duty-LeplIDsuIIIdeacy or Complaiat: PI, R,C.P. IOZlflU4l 14 Plaintiff alleges in Counts I thmuJh IV that Defendant breachaI Plaintiffs statutory and contractual riJbt to confidentiality of malial information. (Exhibit" A", Para,raphs \3, 24.32.41). 3 IS. Plaintiff has not alleged the existence of an express contract between himself and Defendant. 16. In the absence of a special contract. a physician is neither a warrantor of cure nor a guarantor of the results of treatment. Smith v. Yohe, 194 A.2d 167 (Pa. 1963); Mason v. Western Pa. HosoitaI. 428 A.2d 1366 (Pa. Super. 1981). 17. Moreover, Pa. R.C.P. 1019(h) requires that a pleading shall specifICally state whether any claims are based upon a writing. and funber requires that a copy of the writing be atlachaI to the pleading. 18. Plaintiff has not appended any such writing to the Complaint, in violation of the above rule. The authorization for release of information appendaI to the Complaint does not constitute a contract. 19. Without pleadilll or demonstrating the existence of a contract or contractual relationship between the panies. Plaintiff has failed to state a claitn for which relief can be granted. WHEREFORE. Defendant Dr. Bomall respectfully requests this Honorable Coon susuln this Preliminary Objection. and order tbat Plaintiff's claims for breach of contrac:tuaI duty in Counts I throuah IV be dismissal with pttjudice. .. " ". .;...... ::;.:.~- (C(Q)rY ALLAN W. MACIVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5473 Civil v. . DR. ERIC K. BONSALL, Defendant JURY TRIAL DEMANDED CIVU.. ACTION. LAW NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the fonowing pages, you must take action within twenty (20) days after this complaint and notice are served. by entering a written appearance personally or by attorney and filing in writing with the coun 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 judgement may be entered .pintt you by the coun 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 propeny 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 OmCE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNlY COURTHOUSE P 4th Floor ~l~ Oae Courtbouse Square ~t, Cartble. PA 17013 4~ 717/140-6Joo ~l . ('\ ~ \-1..... =P.t. BY~~\),,~~- ~- ':I ~ c.n ::e ... 0 ~ ..; ~I I '" !C ";! c-;j "'9 b :n ~ :Ii ..... Randall L Hartman. Esquire Randall L Hartman, PC 431 Market Street Lemoyne, PA 17043 (117) 761....90 Anomey fot Pla1ntifti '. .... with an intakc scheduled for continued panial hospital treatment. 7. Privileged communications, whether written or oral, shall not bc disclosed to anyonc without written consent according to 40 Pa.C.S. G 7111. 8. On or about October 5. 1992, Defendant had Plaintift'sign an "Authorization CoI' Release of Psychiatric Information." See Exhibit "A" 9. Thc Authorization gave Defendant permission to release, "diagnoses and treatment recommendations" to Plaintitl's employer. 10. On or about October 5, 1992, the PlaintiffJaclced capacity to grant pennission to Defendant to release Psychiatric Infonnation Ile<:OIlCl! of his mcnta1 illness. 11. Defendant is a medical doctor, psychiatrist and knew or shou1d have known that P1aintift'1ackcd capacity to authorize the release of psychiatric Information. 12. Plaintitl's lack of capacity nullified the authorization to release psychiatric .' Information. .. , , 1 13. On or about October 8, 1992, Defendant conwunicated by phone and letter with Joseph Josephson. Ph.D" P1aintift" s supervisor at Plaintiff s place or employment, disdosina confidential Psychiatric: Information bruchina his statutory and contractual duty to not disdosc confidential inCormalloa about his patient. See Exhibit -0" 14. N a direct and proximate resu1t orDefendants breach or eonfidentiaIity, Plaintiff - was &red from his emp10ymenl with the PcMsylvania Department orCorrections. 1 S. Defendant's conduct. u set lbl1h in the forqoina paraaraphs oCtbis complaint. were so ouuqeous Ia dllracter and so extreme in 6tjJct u to Call outsidt the bowlds of decaq .2. and is to be regarded as intolerable in the community. 16. Defendant's conduct u aforesaid was outrageous, wanton, willful and malicious. WHEREFORE, Plaintiff respectfully request your Honorable Court to enter judgment in their favor and against Defendant for compensatory damages in the amount of 5200,000 for mental anguish, 5200,000 for emotional distress and $410,000 for damaged earning capacity. Plaintiff also seeks interest, costs, attorney's fees, and exemplary damages in an amount exceaIing 5200,000. COUNT II DEFENDANT'S BREACH OF FIDUCIARY DUTY NOT TO DISCLOSE PLAINTIFF'S CONDmON AND RECORDS 17. The foregoing paragraphs are incorporated herein by reference u iffuDy set fonh at length. 18. On or about October 5, 1992, Plaintiff signed the authorization for release of Psychiatric Information, See Exhibit" A K 19. The authorization gave permission for Defendant to release, "diqnoses and treatment recommendations" to Plaintiff's employer. 20. Defendant's letter to P1aintift"s employer stales, "I judlC that be (J!IIintift) is not capable of retUl'nina to work at this time... See Exhibit "8" 21, Defendant's statement is a medicaJ opinion o(P1aintift"s capabilities. 22. Defendant's statement is not I diaposis Of a treatment recommendiliocl 23. PlainIift'CllWr IUthoriud Otrcodant to release Defendant's medical cr..... of . .). ", Plaintitl's capabilities. 24. Defendant breached Plaintitl's statutory and contractual right to confidentiality. 2.5. As a direct and proximate result ofDefendanu breach of confidentiality, Plaintiff' was fired from his employment with the Pennsylvania Depanment of Corrections. 26. Defendant's conduct, as set fonh in the foregoing paragraphs of this complaint, were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community, 27. Defendant's conduct as aforesaid was outrageous, wanton, willful and malicious. WHEREFORE. Plaintiff respectfully request your Honorable Coun to enter judgment in their favor and against Defendant for compensatory damages in the amount ofS$2oo,OOO for mental anguish. $200,000 for emotional distress and $410,000 for damaged earning capacity. Plaintiff also seeks interest, costs, attorney's fees.. and exemplary damages in an amount exceecfm&. $200,000. COUNT III DEFENDANT'S BREACH OF FIDUCIARY DUTY NOT TO DISCLOSE PLAINrlFFS CONDmON AND RECORDS 28. The foregoing paragraphs are incorporated herein by reference as itfWly set forth at length. 29. Plaintiff'signal an authorization fot release of PsydUatric Wonnation which indicated that the information rtIwed is to be used for the specific purpose o( "my (PIaintift) return to work." 8M Exhibit "A" ...... 30. Defendant's letter to PJaintilrs employer stated, " I judge that he (plaintift) is not capable of returning to work at this time," See Exhibit "B" 31. Defendant's statement was not for the specific purpose ofPlaintilrs return to work and therefore Defendant was not authorized to disclose this information. 32. Defendant breached Plaintilrs statutory and contractual right to confidentiality. 33. As a direct and proximate result of Defendants breach of confidentiality, Plaintiff' was fired from his employment with the Pennsylvania Depanment of Corrections, 34. Defendant's conduct, as set fonh in the foregoing paragraphs of this complaint, were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community. 35. Defendant's conduct as aforesaid was outrageous, wanton, willful and malicious. WHEREFORE. Plaintiff respectfully request your Honorable Coun to enter judgment in . their favor and against Defendant for compensatory damages in the amount of $200,000 for mental anguish, $200,000 for emotional distress and $410,000 for damaged earning capacity. Plaintiffa1so seeks interest, costs, attorney's fees, and exemplary damages in an amount exceeding $200,000. COUNT IV DEFENDANT'S BREACH OF CONFIDENTIALITY AND BREACH OF CONTRACT BY FAILING TO PERFORM A CONDITION PRECEDENT TO RELEASE OFINFORMAnONN 36. The fottgoing paragraphs are incorporated herein by reference as if fully set forth at Ienith. .s. , 37. Plaintiff signed an authorization for release of Psychiatric Infonnation which indicated that, "I (plaintifl) also understand that I have the right to inspect the infonnation that is to be senl." See Exhibit "A" 38. The Authorization given to Defendant could be withdrawn by the Plaintiff at any' time. See Ex1uoit "A" 39. Defendant communicated by telephone and letter with Plaintiff's employer on October 8, 1992. 40. Defendant did not allow Plaintiff to inspect the infonnation sent by Defendant to Plaintitr s employer prior to sending or orally communicating that information. 41. Defendant breached Plaintiff's statutory and contractual right to confidentiality by failing to aUow Plaintiff to inspect the infonnation communicated by Defendant to P1aintitr s employer. 42. AJ a direct and proximate result ofDefendanu breach of confidentiality and breach of contract, P1aintift'was fired from his employment with the Pennsylvania Depanment of Corrections. 43. Defendant's conduct, as set forth in the foregoing paragraphs of this comp1aint, were so outrageous in character and so extreme in degree as to li1I outside the bow1ds of decency and is to be regarded as intoll'.rable in the community. 44. Defendant's conduct as aforesaid wu outrageous. wanton, willful and malicious. WHEREFORE. Plaintiff respectfully request your Honorable Coon to enter judgment in their &vor and l.ainst Defendant for eompensatOl)' damaaa in the amount of 1200.000 for 00 -6.. .' , menIal anguish, $200,000 for emotional distress and $4 10,000 for damaged earning capacity. Plaintiff also seeks interest, costs, attorney's fees, and exemplary damages in an amount exceeding $200,000. COUNT VI DEFENDANT'S TORTIOUS INTERFERENCE WITH PLAINTIFFS EMPLOYERlEMPLOYEE RELATIONS 45. The foregoing paragraphs are incorporated herein by reference as iffully set fonh at length. 46. Plaintiff, prior to Defendant's interference with Plaintiff s employer, had been employed with the Pennsylvania Department of Corrections, and, but for the actions of the Defendant alleged in this complaint, would have continued to enjoy that employee SlUUS. 47. Defendant's open and wrongful communication of confidential information or 1 Plaintift's existing mental condition was intended to harm Plaintiff by having his status u an employee of the Pennsylvania Department of Corrections terminated. 48. M a direct and proximate result of Defendant's actions, P1aintift' was fired from his employment with the Pennsylvania Depanment or Corrections. 49. Plaintiffhu sustained irreparable. and substantial losses. RELIEF REQUESTED 8y reason or Defendant's actions, Plaintiff has and continues to be irreparably harmed and injured and suffers daily loss on salary income. promotions and benefits. WHEREFORE, plaintiff ~fi1IIy requestS that this coun grant the Collowina relief ..,. , . . ., . . ,f .. CERTIFICATE OF SERVICE I, SHERRY L. MOUERY. an employee of the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person at the following address indicated below by sending same in the United States mail. frrst-class, postage prepaid: Randall L. Hanman, Esquire Randall L. Hartman, P.C. 438 Market Street Lemoyne, PA 17043 ~V?j ~u*V~cr Date: l~. ",,-'lID ~ en - .;J ....: UI( : (.- .- . ,). L'-~I.... \-,- .:~~ C;': C ., L \ , r ..:.. , , . - ... , . " i.. .: , } " . . .. . .. . . . - .. -----.- ~, ~........ 10 ,. \, PaST & SCHELL, P.C. ATTaIIHEY. AT LAw 101 NDtOTH ~ SnouT HAIl"'...._. PA 171 0 1 .'-;.~.i~{--~e~r-.v~-:::;;;.. ~ .' ,'.." . 1"- ',-r. . - 0 3 ,," . \ ..,': - ._.;; n . ,'_ ~": , ~I . ----_.__.~ -. - . ... - ~ ."u ~ C;i'::;!,~,~~ ; " NO POSTAlD STAMP NlCBSSARY, POSTAlD BAS BBBN PUPAID BY JOHH It ICAHTHER ESQUIRE POST ~ SCHELL PC 101 NORTH FRONT STREET HARRISBURG PA 17101 . .......--...- -- . , \, NO ~~~~A~~SS~~~N.P~E~tIDR'i3~~ 'P~OBT Be SCHELL. P.C. ATTDIIINEY8 AT LAw 1 0 1 NOItTH F"RDNT STREET HAllJlltl!lBUIIIO. PA 171 D 1 I" , ~~':~:" ~;:i'.;S9..~""" -, ....~.. . " - '0 1. :' . >.; i ,.' -' j .~ " '. . . ,. i' . I, ;: . -: r.' " -,. . "," , RANDALL L HARTMAN ESQUIRE RANDALL L HARTMAN PC 438 MARKET STREET LEMOYNE PA 17043 ,.,...."._......,-. . .>-_._.<..,...."..,~.,;,._.,._~".,~'-" , \ , . . .. ~ .. .-'-- , . ALLAN W. MACIVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.5473 Civil v. DR. ERIC K. BONSALL, Defendant JURY TRIAL DEMANDED CIVIL ACTION. LAW CERTIFICATE OF SERVICE .. Randa11 L. Hartman, the undersigned. hereby certify that I have served a true and correct copy of the foregoing Application for Continuance, by first-class, certified, retum-receipt mai1, upon the foUowing. on the date indicated below: Evan Black.. Esq,& John Kantner, Esq. Post & Schell, PC 101 North Front Street Harrisburg. PA 17101 Date~ ~l(~ /1<o..nJ.l ~,\ \~ Randa11 L. Hartman, Esquire Randa11 L. Hartman, PC 438 Market Street Lemoyne. PA 17043 (7 I 7) 761-8490 Attorney for P1aintiftS I ?i ,.... ).. - >- ~., ... It.r:. .. :3~ - ~r - ?~ ~ oq ~...:~ );:1 @" ,.... .t.) I ';1 ~I' "" r- c.. '" ,. .' ,... ~ d .;:) U' oJ . with an intake scheduled for continued panial hospital treatment. 7. Privileged communications, whether written or oral, shall not be disclosed to anyone without written consent according to 40 Pa.C,S. fi 7111. 8. On or about October 5,1992, Defendant had Plaintiff sign an "Authorization for Release of Psychiatric Information." See Exhibit "A" 9, The Authorization gave Defendant permission to release, "diagnoses and treatment recommendations" to Plaintiffs employer. 10. On or about October 5, 1992, the Plaintiff lacked capacity to grant permission to Defendant to release Psychiatric Information because of his mental illness. 11. Defendant is a medical doctor, psychiatrist and knew or should have known that Plaintift'lacked capacity to authorize the release of Psychiatric Information 12, Plaintiff s lack of capacity nullilied the authorization to release Psychiatric Information. 13, On or about October 8,1992, Defendant communicated by phone and letter with Joseph Josephson. Ph.D, Plaintiffs supervisor at Plaintiffs p1ace ofemp1oyment, disclosing confidential Psychiatric Information breaching his statutory and contractual duty to not disclose confidential information about his patient, See Exhibit "8" 14. Au direct and proximate resu1t of Defendants breach of conlidentia1ity. Plaintiff was fired from his emp10yment with the Pennsylvania Dtpartment of Corrections. IS, Defendant's conduct. as set forth ill the foreaoina paragraphs of tm complaint. wtIC so outrqcoUS in character and so extreme in dqrec as to fall outside tile bounds of decency -2.. and is to be regarded as intolerable in the community, 16. Defendant's conduct as aforesaid was outrageous, wanton, willful and malicious. WHEREFORE, Plaintiff respectfully request your Honorable Coun to enter judgment in their favor and against Defendant for compensatory damages in the amount ofS2oo,ooo for mental anguish. 5200,000 for emotional distress and $410,000 for damaged earning capacity. Plaintiff also seeks interest, costs, attorney's fees, and exemplary damages in an amount exceeding 5200,000. COUNT II DEFENDANT'S BREACH OF FIDUCIARY DUTY NOT TO DISCLOSE PLAINTIFF'S CONDITION AND RECORDS 17, The foregoing paragraphs are incorporated herein by reference as if fully set fonh at length. 18, On or about October S. 1992, Plaintiff signed the authorization for release of Psychiatric Information, See Exhibit "A" 19 The authorization gave permission for Defendant to release. "diagnoses and treatment reconunendations" to Plaintiff s employerc20, Defendant', letter to Plaintiff, employer states. "I judge that he (Plaintiff) is not capable of retumina to work at this time," See Exhibit "0" 21, Defendant', statement is a maIicaI opinion of P1aintitr, capabilities. 22 Defendant's statement is not a diaposi$ or a treatment jt(OllllftClldatioft. 13 PlaintiffllMt IIIthoriad Defendant to re1c:uc Defendant's medical opinion 01 .J, Plaintifrs capabilities, 24, Defendant breached Plaintifrs statutory and contractual right to confidentiality, 2S, As a direct and proximate result of Defendants breach ofconlidentiality, Plaintiff was fired from his employment with the Pennsylvania Depanment of Corrections, 26, Defendant's conduct, as set forth in the foregoing paragraphs of this complaint, were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community. 27. Defendant's conduct as aforesaid was outrageous, wanton, willful and malicious, WHEREFORE. Plaintiff respectfully request your Honorable Coun to enter judgment in their favor and against Defendant for compensatory damages in the amount ofS$2oo,ooo for mental anguish, $200,000 for emotional distress and 5410,000 for damaged earning capacity. Plaintiff also seeks interest. costs, attorney's fees, and exemplary damages in an amount exceeding 5200,000. COUNT III DEFENDANT'S BREACH OF FIDUCIARY DUTY NOT TO DISCLOSE PLAINTIFF'S CONDITION AND RECORDS 28 The foregoing paragnphs are incorporated herein by reference u if fUlly set forth at length 29 Plaintiff sianed an authorization for re1ease of Psychiatric Infonnation which indicated that the infonnation rdeased is to be used for the specific purpose of. "my (Plaintiff) retum to work ft Sft ExIlibit "Aft .... 30, Defendant's leller to Plaintiffs employer stated, " I judge that he (Plaintill) is not capable of returning to work at this time," See Exhibit "0" 31. Defendant's statement was not for the specific purpose of Plaintiffs return to work and therefore Defendant was not authorized to disclose this information. 32, Defendant breached Plaintiffs statutory and contractual right to confidentiality. 33. As a direct and proximate result of Defendants breach of confidentiality, Plaintiff was fired from his employment with the Pennsylvania Depanment of Corrections, 34. Defendant's conduct, as set fonh in the foregoing paragraphs of this complaint, were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community. 35, Defendant's conduct as aforesaid was outrageous. wanton, willful and malicious. WHEREFORE. Plaintiff respectfully request your Honorable Coon to enter judgment in their favor and against Defendant for compensatory damages in the amount of$2oo,OOO for mental anguish, $200,000 for emotional distress and $410.000 for damaged earning capacity, Plaintiff also seeks interest. costs, attorney's fees, and exemplary damages in an amount exceeding $200,000 COUNT IV DEFENDANTS BREACH OF CONFIDENTIALITY AND BREACH OF CONTRACT BY FAILING TO PERFORM A CONDITION PRECEDENT TO RELEASE OFINFORMA TlONN 36 The forqaina paragraphs are incorporated herein by rcfmnce as iflWly set forth at lenath 's. 37. Plaintiff signed an authorization for release of Psychiatric Information which indicated that, "I (Plaintift) also understand that I have the right to inspect the information that is to be sent." See Exhibit "A" 38, The Authorization given to Defendant could be withdrawn by the Plaintiff at any time, See Exhibit" A" 39. Defendant communicated by telephone and letter with Plaintifrs employer on October 8. 1992. 40. Defendant did not allow Plaintiff to inspect the information sent by Defendant to Plaintiffs employer prior to sending or orally communicating that information. 41. Defendant breached Plaintiff s statutory and contractual right to confidentiality by failing to allow Plaintiff to inspect the information communicated by Defendant to Plaintiffs employer, 42. As a direct and proximate result of Defendants breach of confidentiality and breach of contract, Plaintiff was tired from his employment with the Pennsylvania Depanment of Corrections 43. Defendant's conduct, as set fonh in the foregoing paragraphs of this complaint. were so outrageous in character and so extreme in degree u to fall outside the bounds of decency and is to be regarded IS intolerable in the community 44, Defendant's conduct as aforesaid wu outrqcous, wanton. willM and ma1iclous, WHEREFORE. P1aintiffresp<<tlWly request)'Ollf Honorable Court to enter ~.lClll in their rl~ and apinst Defmdant for compensatOfy damqa in the IIIlOUftI of$200.000 for -6- mental anguish, $200,000 for emotional distress and $410,000 for damaged earning capacity. Plaintiff also seeks interest, costs, attorney's fees, and exemplary damages in an amount exceeding $200,000. COUNT VI DEFENDANT'S TORTIOUS INTERFERENCE WITH PLAINTIFFS EMPLOYERlEMPLOYEE RELATIONS 45, The foregoing paragraphs are incorporated herein by reference as iffuUy set forth at length 46. Plaintiff, prior to Defendant's interference with Plaintiff s employer. had been employed with the Pennsylvania Depanment of Corrections, and, but for the actions of the Defendant alleged in this complaint. would have continued to enjoy that employee status. 47. Defendant's open and wrongful communication of confidential information of Plaintift's existing mental condition was intended to harm Plaintiff by having his status as an employee of the PennsyI~'I1lia Depanment of Corrections terminated, 48, As a direct and proximate result ofOefendant's actions. Plaintiff was fired from his employment with the Pennsy1vania Depanment of Corrections. 49 Plaintiff has sustained irreparable, and substantial losses RELIEF REQUESTED By reason of Defendant's actions., Plaintiff has and continues to be imparabIy harmed and injured and suffers daily loss on saJary income, promotions and benefits WHEREFORE. plaintiff f espectfu1ly requests that this COlIn pant the foIIowina relief: - ,. Uunsall, JIIanlr..dl & ^sslIdal..s. ".C. JII..dlclll Mis IInlldln!!. Snll.. 210 220 WllslIn SIr....1 Cmllsl.., Pennsylvania 170 1:1 717.213.1111 AUTlI01\IZATIon 1'01\ 1\ELEASE OF PSYCJlIAT1\IC l7/IQr1 ;Jfac~f( INFORMATIon I give lilY permission for BONSALL, ~WIFREDI & ASSOCIATES, P. C, to release the following information concerning myself (\ Z t.., r--.....lY\c~r'~~ II \ -c,-.:> person t ~:;:"" to (Name of The information released is to be used for the specific purpose of (Y\ '=\- I C .\ \.~ U0 ..~ c..;, LLrA I( I have been tW that in order to protect the confidenti- ality of recorda, my consent to the release of this information is necessary and that this parmisaion is limited for the purposes and to the agency or person listed above, and will be effective only during the di\t'Ols statad below. 1 understand that I mi\Y withdraw my permission at any time eilher by written request or, if I am physically unable to sign a written request, UpOll oral ~equest before two responsible witnesses. I also undertand that I have the right to inspect the information that is to be sent. This consent shall be in effect from until LillO /'13 . ~/lI1 'l(~ Star ;fntj$1141- I ' j / (.J 15/9:z , r _f1!. '}yJ nv T lftA- Valient/Parent/Guardian /OJ')/ct2 I I tM l e To Le completed if the p"tient ..as physically unable to sign. We Affirm that WiU physically unAvl.. to sl<,1n, l",i:II~/sli"l"'iil.fM stood t he nature of lhe 1eleaso ami Creely ",ave his/h"'l ""lb"l consent, R.Sl'onaiblewilness P.@sponsibI" Wltne.s [I~lblt ... 5-30-1995 4.24PM ~., .' ~"'\"''I".o'''',/''' .. Ii' ':, ,"f"':.r.';~f!l.':' ""~' , "r;' ~'''~ft~~'', ,.....,:"-' ':', .~~..~- ,-"~''''-::'';<t:.:: .::J"..!.: .. :P." :.",..1.,=. ........."." ,~ ~ ~~, ~uI~11 f.tt,IIkI.A ILr 7~/."IfJ WI1'/~ 3~ '.. . Oct-ober 8. 1QQ2 . FROM NICHLAS-FCl'lEMAN 7172366S02 P.l > . . ...I...I.....:~ .u.'.....7:,.~..'~....i....~'...:,..~ ':\""'..:.1, of." ......;~;':....t.~.~...,',..'t..~........t .....;..~~. >~.~,;;.~.~~.;.....,;' :.;' <......0'.. ,...:~~:.~{~;,'.~"'. tOf~rlisIEffI0Sp~' " ., ,:,::~'~'.';~l:':'r.:., '0' . ":-"'-'i,~:: . .:... 248 Palter S\....t.;, '-."~, '~" .. ." " P.O. 8.."'0,..'",:.. .:.. .. . Cullll.. Pen.....,an,.....,7013.()31~ ' ---. 1-80Q.34Q.4m · (717) 2~212 ...:;.;....'.. r ~os.ph Josephson. P~.O, Chief P.yohololl,t State Correotlon~1 InstItute C..p Mitt. PA I.OOl'~e3T . ... ." '- . Oe.t 01'. Jo.ephson: As we d\seul..d on the phone on 10/e/9~. Allen M~o/v.r _~I an lnp~tl.nt at C~rllll. Mopttat fr~. Q/:7/92 to 10/$/9:. H11 dl,oher._ dlalnOlts _es Blpotar Disorder, Hl. ..dleatlonl on dlschar.. w.r. T~lr.t~1 :CO.C bldl p,~tl.ln ~mc q AM. ~O., q MS end COI.ntl" l.O~, bl~, It i. .y cllnlosl 'ud,a..nt that nr. naotve,'. cvrrent condition 'equlr.. further tr.at.ant In a partlel hospital unln., I Jud._ that ha is not capab:. at raturnln, to W~,~ at ~hl. tl... 'Jud...ant. e~neerntnl ~ls ability to ret~ln t~ ~otk In the tulure cannot be ..:_ at this tl.. a.:thl. depend. on ~1. r..pons. to tr_at..nt. Futvre qu..tl~ns re.ardin, his itatus would ba.t b. ~n.w.red by his treatln. physlolsn at the partial pro,r... .';'.. .~.r . 001 t, Arby 3h.nc Chl.f PIYChOIOC1.t Sta'e Correcttonat Instltut. ee.p Mill. PA ~'OOl.")T U",b - ",~......~,t'\""'~ \ . Elhlblt "8" ALLAN W. MACIVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5473 Civil v. DR. ERIC K. BONSALL, Defendant JURY TRIAL DEMANDED CIVIL ACTION - LAW VERIFICATION I, Allan W, MacIver, the undersigned. hereby verifY and confirm that I have reviewed the foregoing document, and the statements made in this 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 of1a Pa.C.S Section 4904, relating to unsworn falsification to authorities. Date JIlT. S'.I/??C , d/41t/.~~ 'oJ Plaintiff PRAECIPE FOR LIsn~G CASE FOR ARGl':'rIE;\'T I~ust ~,typewritten md submitted in dupllc:lle I TO THE PROTHONOT..\RY, OF Ct.:~IBERL-\.'iD COL'~TY: P1t2Se :!still. within :nailer (or :h. next: - : ' - !':.. Tn~ .o\.rlllmc:l\ C JI;tI ~ ArJUm.nl C,Jur: ------- . CAmON OF CASE (.nlillcapdOllIllUlI be llaltd ill full) ALL~N W. MACIVER Cl'Wn1lli') ....~ ) ...l I ,> ~.. , " ! ,. : , , " . t"'::, J , , " O' ~ j .. " - , I .. '1 . I >:.' ..... YL DR, ERIC K. BONSALL (DtitllClallt) "" ~. 5473 Ch-'J : d,,L 1. $we IlIIttft to be arptd (L .~ ~dfl', moUOll for _ :na1. d.ctllldllll" dmlIrm 10 .:ompQiAt. .tc.,: Defendant's Preliminary Objections to Plaintiff's Amended Complaint IdIa1IIy ClllIIlld -110 1rill up QII: .. - (I) ror~: Randall L, Hartman, Esquire Addr...l 438 Market Street, Lemoyne, PA 17043 ~) /'or dlitAQll: John R. ICantner, Esquire Addr"'1 101 North Front street, Harrisburg, PA 17101 J. ltliJllOdl1a1l "'11I ortstiI'I ~=:a l'WO ;tay, =st :!llI.::aa Iw ~ IiItK tor'-I._ 4, Aqaelt (out Datil f C.U of Ara-" Un Datil 1\...1,1 . :;'A~ l.'lIOnlt:r /'or De f endan t . Datt4:4 )f, 9(' ,... 6, On or about October S. 1992, Defendant discharged Plaintiff from the hospital with an intake scheduled for continued partial hospital treatment. 7. Privileged communications, whether written or oral, shall not be disclosed to anyone without written consent according to 40 Pa.C.S. ~ 7111. S, On or about October S, 1992, Defendant had Plaintiff sign an "Authorization for Release of Psychiatric Infonnation," See Exhibit "A" 9. The Authorization gave Defendant pennission to release, "diagnoses and treatment recommendations" to Plaintill's employer, 10. On or about October S, 1992, the Plaintiff lacked capacity to grant pennission to Defendant to release Psychiatric Information because of his mental illness. 11. Defendant is a medical doctor. psychiatrist and knew or should have known that Plaintiff lacked capacity to authorize the release of Psychiatric Infonnation 12. Plaint ill's lack of capacity nullified the authorization to release Psychiatric Information. 13. On or about October 8, 1992, Defendant communicated by phone and letter with Joseph Josephson, Ph.D" Plaintill's supervisor at Plaintill's place of employment, disclosing confidential Psychiatric Infonnation breaching his statutory and contractual duty to not disclose confldential infonnation about his patient. See Exhibit "8" 14, Plaintiff\\o'lS not given a copy of the "Authorization for Release of Psychiatric Information" that he signed on October~, 1992 IS, Plaintiff became aware of signing the release on or aller July 7, 1995, when ..2.. Defendant sent a copy of the release to Plaintill's attorney. 16. As a direct and proximate result of Defendants breach of confidentiality, Plaintiff was fired from his employment with the Pennsylvania Department of Corrections, 17. Defendant's conduct, as set forth in the foregoing paragraphs of this complaint, were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community. 18. Defendant's conduct as aforesaid was outrageous, wanton, willful and malicious. WHEREFORE, Plaintiff respectfully request your Honorable Court to enter judgment in their favor and against Defendant for: a) for compensatory dal113ges against the defendant, for monetary losses and physical and emotional pain and sulTering. in an amount to be determined by this coun, exclusive of costs and damages for delay, and for such other relief as the coun may deem appropriate, b) for punitive damages against the defendant, in an amount to be detennined by this coun, exclusive of costs and damages for delay, and for such other relief as the coun may deem appropriate, The unliquidated amount of damages claimed exceeds the jurisdictional amount of Twenty-five Thousand dollars (525,000.00) requiring arbitration as set by local rule 130 I-I of the Cumberland County Court of Common Pleas, COUNT 11 DEFENDANrS BREACH OF FIDUCIARY DUTY NOT TO DISClOSE PLAINTIFF'S CONDITION AI'\D RECORDS 19 The fOfegOing parlirapbs are incoqx)rated hm-in by reference as if tUlly set Corth -3. at length, 20, On or about October 5, 1992, PlaintifT signed the authorization for release of Psychiatric Information, See Exhibit "A" 21. The authorization gave permission for Defendant to release, "diagnoses and treatment recommendations" to Plaintiffs employer. 22. Defendant's letter to Plaintiffs employer states, "I judge that he (Plaintifl) is not capable of returning to work at this time," See Exhibit "B" 23. Defendant's statement is a medical opinion of Plaintiff s capabilities 24, Defendant's statement is not a diagnosis or a treatment recommendation. 25. PlaintifTnever authorized Defendant to release Defendant's medical opinion of Plaintiff s capabilities, 26. Defendant breached Plaintiffs statutory and contractual right to confidentiality. 27. As a direct and proximate result of Defendants breach of confidentiality, PlaintifT was fired from his emplo}ment \\;th the Pennsylvania Depanment of Corrections 28. Defendant's conduct, as set fonh in the foregoing paragraphs of this complaint, were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community 29 Defendant's conduct as aforesaid was outrageous. wanton, willful and malicious. WHEREFORE. PlaintilTrespectfully rCtluest your Honorable Coun to enter judgment in their favor and against Defendant for a) fOl" com~ory lbmalles .plnst the defendant, for monetary losses and phYSical and .... emotional pain and suffering. in an amount to be determined by this court, exclusive of costs and damages for delay, and for such other reliefas the court may deem appropriate. b) for punitive damages against the defendant. in an amount to be determined by this court, exclusive of costs and damages for delay, and for such other relief as the coun may deem appropriate. The unliquidated amount of damages claimed exceeds the jurisdictional amount of Twenty-live Thousand dollars (525,ooo,oo) requiring arbitration as set by local rule 1301-1 of the Cumberland County Coun of Common Pleas, COUNT 111 DEFENDANTS BREACH OF FIDUCIARY DUTY NOT TO DISCLOSE PLAINTIFF'S CONDITION AND RECORDS 30. The foregoing paragraphs are incorporated herein by reference as if fully set forth at length, 31, Plaintiff signed an authorization for release of Psychiatric Infonnation which indicated that the information released is to be used for the specific purpose of, "my (Plaintift) return to work," See Exhibit" A" 32. Defendant's letter to PlaintilTs employer staled. " I judge that he (Plaintif1) is not capable of returning to work at this time." See Exhibit "B" 33. Defendant's statement was not for the specific purpose ofPlailltilTs return to work and thenfore Defendallt was not authorized to disclose this information. 34 Defendallt breached PlaintilTs statutOf)' and contractual right to confidentiality, 35. As a direct and pro,imate rtSUlt of [kfendants breach of confidentiality, Plaintiff -5- was fired from his employment with the Pennsylvania Department of Corrections, 36. Defendant's conduct. as set forth in the foregoing paragraphs of this complaint, were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community, 37. Defendant's conduct as aforesaid was outrageous, wanton, willful and malicious. WHEREFORE. Plaintiff respectfully request your Honorable Coun to enter judgment in their favor and against Defendant for: a) for compensatory damages against the defendant, for monetary losses and physical and emotional pain and suffering. in an amount to be determined by this court. exclusive of costs and damages for delay. and for such other relief as the court may deem appropriate. b) for punitive damages against the defendant, in an amount to be detennined by this court, exclusive of costs and damages for delay. and for such other relief as the court may deem appropriate. The unliquidated amount of damages claimed exceeds the jurisdictional amount of Twenty-five Thousand dollars ($25,000.00) requiring arbitration as set by local rule 1301,1 of the Cumberland County Court of Common Pleas, COUNT IV DEFENDANT'S BREACH OF CONFIDENTIALITY AND BREACH OF CONTRACT BY FAILING TO PERFOR.\t A CONDITION PRECEDENT TO RELEASE OFINFORMA TIONN 38 The foregoing paragraphs are incorporated herein by reference as iffully set fanh at length 39 Plaintiff signed an llutlKlrinlion f"r ~Iease of Psychiatric Information \\hich .6- indicated that, "I (Plaintif1) also understand that I have the right to inspect the information that is to be sent." See Exhibit "A" 40. The Authorization given to Defendant could be withdrawn by the Plaintiff at any time, See Exhibit" A" 41. Defendant communicated by telephone and letter with Plaintiffs employer on October 8, 1992. 42, Defendant did not allow Plaintiff to inspect the information sent by Defendant to Plaintiffs employer prior to sending or orally communicating that information. 43. Defendant breached Plaintiffs statutory and contractual right to confidentiality by failing to allow Plaintiff to inspect the information communicated by Defendant to Plaintiffs employer. 44. As a direct and proximate result of Defendants breach of confidentiality and breach of contract, Plaintiff was fired from his employment with the Pennsyh-ania Depanment of Corrections. 45. Defendant's conduct, as set forth in the foregoing paragraphs of this complaint, were so outrageous in character and so extreme in degree as to fall outside the bounds of decency and is to be regarded as intolerable in the community. 46. Defendant's conduct as aforesaid was outrageous. wanton, winful and malicious, WHEREFORE. PlaintiffrespectfuUy request your Honorable Court to enter judgment in their favor and against Defendant for a) for compensatory damagt'S agall\5t the defendant.. for monetaI)' loUl:$ and phystcal and .7- emotional pain and suffering, in an amount to be determined by this court, exclusive of costs and damages for delay, and for such other relief as the court may deem appropriate. b) for punitive damages against the defendant, in an amount to be determined by this court, exclusive of costs and damages for delay, and for such other relief as the coun may deem appropriate, The unliquidated amount of damages claimed exceeds the jurisdictional amount of Twenty-five Thousand dollars ($25,000,00) requiring arbitration as set by local rule DOl-I of the Cumberland County Court of Common Pleas. COUNT V DEFENDANTS TORTIOUS INTERFERENCE WITH PLAINTIFFS EMPLOYERlEMPLOYEE RELATIONS 47, The foregoing paragraphs are incorporated herein by reference as if fully set fonh at length. 48. Plaintiff, prior to Defendant's interference with Plaintitrs employer, had been employed with the Pennsylvania Department of Corrections, and. but for the actions of the Defendant alleged in this complaint, would have continued to enjoy that employee status, 49 Defendant's open and wrongful communication of confidential information of Plaintiffs existing mental condition was intended to harm Plaintiff by ha\'ing his status as an employee of the Pennsylvania Department of Corrections terminated 50 As a direct and pro~mate result of Dcl'endant's actions, Plaintiff was fired from his employment \\ith the Penns)1vania ~rtntent of Corrections 5 I, Pb.ifttiff\w. sustained ilTtJllrlhle, and substantial losses .1\. j I ~ COl '>- I " I'. -' L, ..;z Ul' . (":, \, '-' , L , r, , I L.:., ..- .... .... , r~: J ~, i I I I I I t ~ r-. f:: c:: .?": .- ;=.;,,: ~~ ..:z , ' -- : . If;; Q... gl~, ~r.~ L N "1.7 ~ w4. ;.- -'t '''', c: _l ~, -- t-' ... -. ~- - ". ,... -) Q a- U ALLAN W. MACIVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Docket No. 96-5473 v. Civil Action - Law DR. ERIC K. BONSALL JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO AMENDED COMPLAINT AND NOW comes Defendant, Dr. Eric K. Bonsall, by and through his attorneys. Post & Schell, P.C., and for his Answer to Plaintiffs Amended Complaint, states as follows: I. Denied. After reasonable investigation. Answering Defendant is \\ithout knowledge or information sufficient to form a belief as to the truth of the averments of the corresponding paragraph of the Amended Complaint. Strict proof is demanded at trial if relevant. x 2. It is admitted that Defendant is a medical doctor with a principal place of business at 5-A Mel-Ron Court, Carlisle. PA, 17013. 3. Denied. After reasonable investigation. Answering Defendant is \\ithout knowledge or information sufficient to form a belief as to the truth of the averments of the corresponding paragraph of the Amended Complaint. Strict proof is demanded at triaJ if relevant. COUNT I DEFENDANT'S BREACH OF FIDUCIARY DUTY NOT TO DISCLOSE PLAINTIFF'S CONDITION AND RECORDS 4. Admitted in part and denkd in pw1. To the extent that Ihe maficaJ records of the Plaintiff Allan W. Mal:her frum ()(fmdant En.: K. &nsall and/or CllfIisle 1klSpital rell<<t the facts a1lqed in the corresponding paragraph of the Plaintiffs Amended Complaint, it is admitted only that such is recorded therein. Otherwise, and to the extent that the medical records do not so reflect and/or contradict the allegations, denied for the reasons indicated in Paragraph I above. S. It is admitted only that Defendant Dr. Bonsall provided medical care to the Plaintiff during the aforementioned hospital stay. The remaining allegations of the corresponding paragraph are denied generally and as conclusions of law. 6. Admitted in pan and denied in part. To the extent that the medical records of the Plaintiff Allan W. Maciver from Defendant Eric K. Bonsall and/or Carlisle Hospital reflect the facts alleged in the corresponding paragraph of the Plaintiff's Amended Complaint. it is admitted only that such is recorded therein. Otherwise, and to the extent that the medical records do not so reflect and/or contradict the allegations. denied for the reasons indicated in Paragraph I above. 7. The corresponding paragraph is a statement of law and not fact, to which no response is deemed required. To the extent that a response is deemed required, however, it is denied generally that the averment of the corresponding paragraph correctly sets fonh the scope and substance of 40 Pa. C,S.A. ~7111. The remaining allegations of the corresponding paragraph are denied generally and as conclusions of law. 8, Admitted in part and denied in pan. To the extent that the medical records of the Plaintiff Allan W. Maciver from Defendant Eric K. Bonsall and/or Carlisle Hospital reflect the facts alleged in the corresponding paragraph of the Plaintift"s Amended C(ll1\plaint. it is admitted only that such is recorded therein. Otherwise. and to the extent that the medical records do not so ret1ect and'or contradkt the allegations, den~ for the reu.ms indicated in ~raph I above. 9. AdmittaI in part and denied in part. To the extent that the medical records or the Plaintill' Allan W. Maciver from Defendant Eric K. Bonsall and/or Carlisle Hospital reflect the facts alleged in the corresponding paragraph of the Plaintiff's Amended Complaint. it is admitted only that such is recorded therein. Otherwise, and to the extent that the medical records do not so reflect and/or contradict the allegations, denied for the reasons indicated in Paragraph I above. For funher answer and response, the terms of the document attached to Plaintiff's Complaint as Exhibit A speak for itself and, thus, no funher response is required. 10. Denied. 11. It is admitted only that Answering Defendant is a medical doctor practicing the specialty of psychiatry. The remaining allegations of the corresponding paragraph are denied generally and as conclusions of law. For funher answer and response, it is specifically denied that Plaintiff lacked capacity to authorize release of psychiatric information. 12. Denied generally and as conclusions of law. For funher answer and response. it is specifically denied that Plaintiff lacked the capacity to authorize release of psychiatric information, 13. It is admitted that Answering Defendant communicated with Joseph Josephson, Ph.D.. through correspondence dated October 8, 1992. It is specifically denied that confidential psychiatric information was disclosed in breech of statutory and contractual duties, as alleged. For further answer and response, Answering Defendant is without sufficient knowledge or information to admit or deny the content ofte1ephone COO\.mations with Joseph Josephson. Ph,D" on or about October 8. 1992. and thus denies the same. 14. Denial. After reasonable in\estigation. Answerilll Defendant is without knowled&e or information sllff\cient tl) fl.ltm a belief as to the truth of the I\uments of the ~ng ~ of the Amended Complaint. Stria proof ill denlandt:d at trial if rdt\ut. IS. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of the corresponding paragmph of the Amended Complaint. Strict proof is demanded at trial if relevant. For funher answer and response, it is believed and thereafter averred. that Plaintiff became aware of signing the release at the time said release was signed. 16. Denied generally and as conclusions of law. For funher answer and response, it is specifically denied that Answering Defendant committed a breach of confidentiality in any manner. 17. Denied. 18. Denial. WHEREFORE, Answering Defendant denies any and all liability to any party to the within litigation, demand that the Amended Complaint against him be dismissed with prejudice. and that judgment be entered in his favor. COUNT II DEFENDANT'S BREACH OF FIDUCIARY DUTY NOT TO DISCLOSE PLAINTIFF'S CONDITION AND RECORDS 19. The incorporated averments of Paragraphs I through 18 are denial for the reasons indicated above. 20. Admittal in part and denied in part. To the extent that the medical records of the Plaintiff Allan W. Maci\.'ef from Defendant Eric K. Bonsall and/or Carlisle Hospital reflect the facts alleged in the correspondina paraaraph of the Plaintiff's Amended Complaint. it is admitted only that such is r<<orda! therein. OtIler\\illC, and to the extent that the maIicaI records do not 50 reflect and/or contradict the alkaations. denied for the reasons indicated in ParaaraPh I abo\'e. 21. Admitted in part and denied in part. To the extent that the medical records of the Plaintiff Allan W. Maciver from Defendant Eric K. Bonsall and/or Carlisle Hospital reflect the facts alleged in the corresponding paragraph of the Plaintiffs Amended Complaint. it is admitted only that such is recordal therein. Otherwise, and to the extent that the medical records do not so reflect and/or contradict the allegations. denied for the reasons indicated in Paragraph I above. For funher answer and response, the terms of the document attached to Plaintiffs Complaint as Exhibit A speak for itself and. thus., no funher response is required. 22. Admitted in part and denied in pan. To the extent that the averments set forth in the corresponding paragraph of Plaintitrs Amended Complaint. it is admiued only that such is recorded therein. Otherwise, and to the extent that the correspondence attached to the Amended Complaint as Exhibit B do not so reflect and/or contradict the averment, denied for the reasons indicated in Paragraph I above. For further answer and response, the document attached to the Amended Complaint as Exhibit B speaks for itself. 23. Denied genera1ly and as conclusions of law. 24. Denied generally and as conclusions of law. 25. Denied genera1ly and as conclusions of law. For further ans\ll'ef and response, it is believed and therefore averred that any and all information released by Defendant \II. within the scope of Plaintiffs authorization. 26. Denied. 27. Denied aencraJly and as conclll5ions of law. For further ~ and respollx, it is specifically denied that Ans\\'efina Defendant committed a braeh of conftdentiality in Ifty 1IlII\Mr. 28, Denied. 29. Denied. WIIEREFORE, Answering Defendant denies any and all liability to any pany to the within litigation. demand that the Amended Complaint against him be dismissed with prejudice. and that judgment be entered in his favor. COUNT III DEFt:NDANT'S DRF.ACH OF FIDUCIARY DUTY NOT TO DISCLOSE PLAINTIFF'S CONDITION AND RECORDS 30. The incorporated averments of Paragraphs I through 29 of the Amended Complaint are deniC'd for the reasons indicated in Paragraph I above. 31. Admitted in part and denied in part. To the extent that the medical records of the Plaintiff Allan W. Maciver from Defendant Eric K. Bonsall and/or Carlisle Hospital reflect the facts alleged in the corresponding paragrarh of the: Plaintiff's Amended Complaint, it is admitted only that such is recorded therein. Othe~ise, and to the extent that the medical records do not so reflect and/or contradict the: allesations. denied for the reasons indicated in Paragraph I above. 32, Admitted in pan and denied in part. To the extent that the averments set forth in the: correspondina paragraph of Plaintiff's Amended Complaint. it is admitted only that such is recorded therein. Otherwise, and to the extent that the correspondence attachaI to the Amended Complaint as Exhibit Il do not so rellett and/or contradict the a\'tttDellt, dmied for the reasons indicated in Paragraph I atllm:. Ftll' furthtt ans\\'er and response. the document attachaI to the Amended Complaint as Exhibit II ~s lOr itself. :n llmied aeneraJ1y and as conclusions of la\\'. For furthtt _er and response. it is ~i1k'lllly denied that Defendant \\'alI not authoriled to disclose the afornald inft'lrll\atioo. 34. Denied. 35. Denied generally and as conclusions of law. For further answer and response, it is specifically denied that Answering Defendant committed a breach of confidentiality in any manner. 36. Denied. 37. Denied. WHEREFORE, Answering Defendant denies any and all liability to any party to the within litigation. demand that the Amended Complaint against him be dismissed with prejudice. and that judgment be entered in his favor. COUNT IV DEFENDANT'S BREACH OF CONFIDENTIALITY AND BREACH OF CONTRACT BY FAILING TO PERFORM A CONDITION PRECEDENT TO RELEASE OF INFORMATION 38. The incorporated averments of Paragraphs I through 37 are denied for the reasons indicated above. 39. Admitted in part and denied in pan. To the extent that the medical records of the Plaintiff Allan W. Maciver from Defendant Eric K. Bonsall and/or Carlisle Hospital reflect the facts alleged in the correspondina paragraph of the Plaintiffs Amended Complaint. it is admitted only that such is recorded therein. Othernise, and to the c.1Itmt that the medical records do not so reflect and/or cl)ntradict the allegations. denied for the reasons indicated in Paragraph I above. For funher answer and response, the terms of the document attached to PlaintilT's Complaint as Exhibit A speak for itself and. thus, no further response is required. 40. Admitted in pan and dmied in part. To the extent that the medica1 records of the Plaintill' Allan W. Maciver from Defendant Eric K. Bonsall and/or Carlisle Hospital reflect the facts alleged in the corresponding paragraph of the Plaintiff's Amended Complaint, it is admitted only that such is recorded therein. Otherwise, and to the extent that the medical records do not so reflect and/or contradict the allegations. denied for the reasons indicated in Paragraph I above. For further answer and response, the terms of the document attached to Plaintiffs Complaint as Exhibit A speak for itself and. thus. no further response is required. 41. It is admitted only that Defendant communicated with Joseph Josephson on or about October 8, 1992, through correspondence. Answering Defendant is without sufficient information to admit or deny the corresponding averments as penaining to telephone communications. and thus denies the same. Any remaining allegations of the corresponding paragraph are denied generally and as conclusions of law. 42. Denied generally and as conclusions of law. 43. Denied generally and as conclusions of law. For funher answer and response, it is specifically denied that Defendant breached Plaintiff's statutory and/or contnlCtua1 rights to confidentiality in any manner. 44. Denied generally and as conclusions of law. For funher answer and response, it is specifically denial that Answering Defendant breached any express or implial contract or otheMise committal a breach of confidentiality. as alleged. 45. Denied. 46. Denial. WHEREFORE. Al1S\\mn, Defendant denies any and all liability to any party to the "ithin litigation, demand that the Amended Complaint ..Biost him be dismissal "im prqudice. and that judgment be entered in his favor. COUNT V DEFENDANT'S TORTIOUS INTERFERENCE WITH PLAINTIFFlS EMPLOYERlEMPLOYEE RELATIONS 47. The incorporated averments of Paragraphs I through 46 are denied for the reasons indicated above. 48. Answering Defendant is \\ithout sufficient knowledge or information to admit or deny that Plaintiff has been employal with the Pennsylvania Department of Corrections at any time and thus denies the same. For further answer and response, it is specifically denied that any action of Defendant created interference with Plaintiffs employer. Any remaining allegations of the corresponding paragraph are denied for the reasons indicated in Paragraph 1 above. For further answer and response, it is specifically denied that any actions of Defendant prevental Plaintiff from continuing to enjoy employment with the Pennsylvania Department of Corrections, lIS alleged. 49. Denied generally and lIS conclusions of law. For further answer and response. it is specifically denied that Answering Defendant openly and \\rongfully communicated confidential information as alleged. and it is further specifically denied that any actions/inactions of Defendant were intended to harm Plaintiff in any manner. Any remainin& a1lqations of the correspondin& paraaraph are denied for the reasons indicated in J>arasraph I abo\~. SO. Denial, 51. Denied. After reasooabIe in\atiption. All$\\mn& Defendam is without ~iedae or information sutlkient to form a belief as to the truth of the a\uments of the rormpoodilll JWlIlIrap/l of the ArMnded Complaint. Strict pl\lt.lf is demanded II tria1 if R1c"anl WHEREFORE, Answering Defendant denies any and all liability to any pllrty to the within litigation. demand that the Amended Complaint against him be dismissed with prejudice, and that judgment be entered in his favor. NEW MATTER DIRECTED TO PLAINTIFF Answering Defendants hereby raise the following New Matter pursuant to Pa. R. Civ. P. 1026, 1030, and 1032. 52. The Plaintiff may have failed to state a cause of action upon which relief may be granted. 53. Investigation and discovery may indicate that the applicable statute of limitations expired before the institution of this action. 54. Answering Defendant was not negligent nor did he engage in any liability-producing conduct at any time relevant to the cause of action alleged by the Plaintiff. 55. Any acts or omissions of Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident nor did they result in the injuries or losses alleged by the Plaintiff. 56. Investigation and disco\'ery may indicate that the negligent acts or omissions or other liability-producina conduct of other individuals. persons. or entities constituted inten'eDing, superseding causes of the damages or injuries alleged to have been sustained by the Plaintiff. 057. The incident. injuries. and damages allqolto ha\'e been sustained b)' the Plaintiff \\"ffe not pm:\imately caused by the Answmna Defendants. 51. Pmnsyh-.nia Rule of l'i\il Procedure 231 is unconstitutional on its face and as applitd herein. CERTIFICATE OF SERVICE I, SHERRY L. MOUERY, an employee of the law firm of Post & Schell, P.C.. do hereby cenify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person at the following address indicated below by sending same in the United States mail, first-class, postage prepaid: Randall L. Hartman. Esquire Randall L. Hanman. P.C. 438 Markel Street Lemoyne, PA 17043 iJlli. L i. ~,J )h~tJ SHERRY t;1.t61JERY Date: q -d. 9'7 ~ n UJ? (..2(' ~:\ o~ b'; u.~I,.- ::d\ '. .... . ~:-. U, c;..> C"l c:; .. (": .,.. \::; .l'"' . ~~ ~< .'. ~,.: lJ.- .- 0;') I c.. ..... w' ~ .' ~,,,," ';1..-} -1:':- ", t.'J o . . . . ALLAN W. MACIVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Docket No. 96-5473 v. Civil Action. Law DR. ERIC K. BONSALL JURY TRIAL DEMANDED ORDER .. AND NOW. this I) day of ---1'~r,. ~ Bonsall's Motion to Compel; , 1997, upon consideration of Defendant IT IS HEREBY ORDERED that Defendant's Motion is GRANTED. Plaintiff is to provide full and complete responses to Defendant's Expen Witness Interrogatories, Request for Production of Documents and a more responsive answer 10 Interrogatory No. 19 of Defendant's Medical Malpractice -f-..If ra.) Interrogatories within fallt1e.R (14) days of the date of this Order or suffer the possibility of sanctions upon further motion by Defendant. BY THE COURT: J. . . ~ ~ l "", ."\ ~) , ,. 4 . ", ( (See Exhibit "CO). 5. After reviewing Plaintiffs answers to Defendant's Medical Malpractice Interrogatories, Defendant requestal that the Plaintiff provide a more responsive answer to Interrogatory No. 19. (See Exhibit "0"). 6. A prompt letter was sent to the Plaintiff on April 3, 1997. (See Exhibit "E"). 7. By correspondence datal April 22, 1997, counsel for the Plaintiff acknowledged Defendant's request for a more detailed explanation of his answer to Interrogatory No. 19. (See Exhibit "F"). 8. Pursuant to Pa. R.C.P. 4006(a)(2), the answering party shall serve a copy of answers and objections, if any, within thirty (30) days after the service of the interrogatories in question. 9. More than thirty days have elapsed since Plaintiff was served with Defendant's Expert Witness Interrogatories and Request for Production of Documents. 10. To date, Plaintiff has not requested an extension of time within which to respond to Defendant's Expert Witness Interrogatories and/or Request for Production of Documents. 11. Defendant is prejudicaI by Plaintiffs lack of response to discovery information as he has been precluded from ascertaining the nature of Plaintiffs claitns or gaining the necessary inve.aiptive materials to further the course of the illSlant litigation. 12. Since Plaintiff has failed to respond in accordance with the civil procedure rules, it is respectfully requested that this Coon issue an order directina Plaintiff to provide full and complete ans\\'ers to the oulSlandina discovery or he precluded from intmducin& testimony. inc1udin& expert witness testimony. at trial reprdinc the same. WHEREFORE. it is respectfully requestaI that this Cowt isrue an order directina Plaintiff to file answers to ~lUbtandm, disco\"Cry or be precJudaI from utTuina tatimony inc1udin& expert witness .. . ~ FilE : IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, PA . , . : Docket No. 96-5473- . , : , Civil Action - Law . . , : JURY TRIAL DEMANDED 4 ALLAN Ii, MACIVER v. DR. ERIC K. BONSALL KlfDICAL NALPRAC2'ICB INTBRROGATORIBS DIRBC2'BD TO PLAINTIFF PLEASE BE ADVISED that you are required, pursuant to Pa. R.C,P. Nos, 4005 and 4006, as amended, to file the original and ~erve' upon the undersigheaacopy of your Answers, in writing and under oath, to the fOllowing Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided, If there is insufficient space to answer an Interrogatory. the remainder of the Answer shall follow on a supplemental sheet, . . JIO 4 DBFINITIONS AND INSTRUCTIONS (A) Whenever the tenn "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however formal or informal, (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (1) The nature of the memorandum, computer print-out, recording, etc.); document (e.g" letter, minutes, resolution, tape _., (2) Its date (or if it bears no date, the date when it was prepared); (3) The name,aCldress, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control ot the document, the location and designation of the place or tile in which it is contained, and the name, address and posi tion of the person having custody of the document; (6) It you do not have possession, custody or control of the document. the present location thereot and the name and address of the organization having possession, custody or control thereof,' and (7) A brief statement ot the subject matter of such documen t . (C) Whenever you are asked to .identify. an oral communication, the following infolllliltion should be given as to each oral communication of which you are aware, whether or not you or others were present or particjpat~ therein: :; . .I . (1) The means of conununication (e,g, telephone, personal conversation, etc.); , . (2) Where it took place; (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the conununication; and (b) of all other persons who were present during or who overheard that conununication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. _.. JD) If..you claim_ that . the subject matter of a document or. oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above, You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (8) Whenever you are asked to "identify" a person, the following information should be given: (1) The name, present address and present employer and posi tion of the person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so. the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given. where the statement is presently located if written or otherwise transcribed. and the present location of such transcript or statement if not in your possession. J . . . ~, (F) The tenn "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consul tan ts, sure ti es, indemni tor, insurers, investigators, and any other agents insofar as the material requested herein is not privileged, The tenn "yoU" shall also be deemed to refer to PlaintifE(s). (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint, -.... --, . . .. . . BHPLOYM1lN'l' 5. For a period of ten (10) years immediately preceding the date of treatment, surgery, or examination referred to in the Complaint, please state: (a) The name and address of each of your employers or, if you were self-employed during that period, each of your business addresses and the name of the business while self-employed; the period of employment; the position held; the nature of work being performed; the name of your immediate supervisor; and (b) Your average weekly earnings from each employment or self-employment, the average number of hours worked by you per week in each employment or self-employment, and the amount of inCOllle from employment or self-employment reported on your federal income tax return for each year. -,,'. 8 .. 8. State whether you have applied for any jobs or forms of . . employment since the date of the incident alleged in the Complaint, and you were required to take a physical examination for the position, please state: (a) Name(s} and address(s} of the employer to whom the application was made and date of application; (b) Name, address and telephone nWDber of the heal th care provider who administered the examination; (c) For each employer listed in 8 (a), whether you made any representations in writing or answered in writing any questions concerning your physical condition. -..~. 11 . . 9. State the name and last known addresses of all treating doctors or other medical personnel, who in any way informed you, or anyone acting in your behalf, that the Defendant was in any way negligent in his treatment of you, and upon whom you may rely at the trial of this matter. Also state a brief description of the testimony. -.... 12 . . .. Mlmr"..,. 2'RlfA7DNT 15. If you have received medical treatment, tests, or examinations (including x-rays) because of injuries or diseases you suffered as a result of the treatment, surgery, or examination referred to in the Complaint, please state the name and address of each attending physician, consulting physician, person or laboratory taking an x-ray of you, the date or inclusive dates on which each of them rendered the service, the amounts and dates of . . their bills for service, and whether these bills have been paid. ........ -.- 19 ... ......--. "- ALLAN W. MACIVER : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA . . . Docket No. 96-5473. . v. : : : Civil Action - Law . . DR. ERIC K. BONSALL : JURY TRIAL DEMANDED RBQUB8T FOR PRODUCTION OF DOCUHBN'l'S DIRBC'l'BD TO PLAINTIFF Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Defendant requests that Plaintiff produce the documents hereinafter described and permit Defendant, through his attorneys, to inspect them and copy such of them as they may desire. _. Defendant requests that the documents be made available for this inspection at the offices of Defendant's attorneys located at 101 North Front Street, Harrisburg, Pennsylvania, within thirty (30) days of the date of service hereof. Defendant's attorneys will be responsible for these documents so long as. they are in their possession. The documents will be properly returned after copying has been completed. This request is intended to cover all documents in the possession. custody. ..nd control of t.he Plaint.iff, his ..gents, employees. insurance ".rriers, and attorneys and is considered to ~ ~"'OtItinuing and, therefore, should be modi.tied or supplemented .s )'"C)u receive (urther or addition..l infol1Mtion up to t.he time ot !li~l. The .k'CwlI..tlttl .,"Ovo',,," tJ)' thili n"fll<~gt .In' ... (ollows: , DBFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or con trol thereof: (I) The nature of the memorandum, computer print-out, recording, etc.}; document (e.g., letter, minutes, resolution, tape (2) Its date (or if it bears no date, the date when it was prepared); .....--. (3r The name, -address, employer and position of thE! signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A brief statement of the subject matter of such document. fel It'henever you are asked to "identify. an oral cOlMIunication, the (ollowing information should be given as to each oral cOlMIunication of which you are aware. whether or not you or others were present or participated therein: 2 (I) The means of communication (e.g. telephone, personal conversation, etc.); (2) Where it took place; (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that cOlMlunication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indi ca ted above. (D) If you claim that the subject matter of a document or ~ral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral cOlMlunication called for above. You shall, however, otherwise -identify. such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to .identify" a person, the tollowing information should be given: (l) The name, present address and present employer and posi tion of the person; and (2) Whether the person has given testimony by way ot deposi tion or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral. written, or otherwise, and if so, the tit.le and nature ot any such proceeding, the date of the testimony, whether you have a copy ot the transcript thereot, the name ot the person to whom the statement was given, where the statement is presently located if wri tten or otherwise transcl'j~d. and the present location ot such transcript or 9tat_nt it not in your possession. iF} 'rhe t.>rm ")'I..'1u. sh.tll bt> d..emed to _.'n and l-e(er to the <4 . . . 1. State the name, business address, and area of specialization of each person whom you expect to call as an expert witness at the time of tri.al i.n the above-captioned case, ANSWER: -.... " 2. Set forth the qualifications of each expert. In doing so, . . list the schools each has attended, including years in attendance and degrees received, experience in particular fields, including names and addresses of employers with inclusive years of employment, and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (You may attach a copy of each expert's curriculum vitae and list of publications in lieu of answering this Interrogatory.) -..,. ANSWER : 7 4. Set forth in detail the factual information and materials supplied to each such expert. ANSWER: -.~~. ClC, 101 North Front Harrisburg, PA (117) 232-5931 I.D. No. 11884 RE Street 17101 Attorney (or Defendants Dr. Eric K. Bonsall , r ~ FflE ALLAN Ii. MAeIVER : IN THE eOURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA . . v. : Docket No. 96-5473_ . . . . : Civil Action - Law DR. ERIC K. BONSALL . . : JURY TRIAL DEMANDED RBQUBST FOR PRODUCTION OP DOCUHBN'l'S DIRBCTBD TO PLAINTIPP Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Defendant requests that Plaintiff produce the documents hereinafter described and permit Defendant, through his attorneys, to inspect them and copy such of them as they may desire. ~". Defendant requests that the documents be made available for this inspection at the offices of Defendant's attorneys located at 101 North Front Street, Harrisburg, Pennsylvania, within thirty (30) days of the date of service hereof. Defendant's attorneys will be responsible for these documents so long as' they are in their possession. The documents will be properly returned after copying has been cOIIIpleted. This request is intended to cover all documents in the possession, custody. and control of the Plaintiff. his agents, employees. insurance carriers, and attorney. and i. considered to be continuing and. therefore. should be moditied or Buppl_nted .. you receive further or add.Hiottdl Jnfo11lldtlon up to the t1l11f! of tdal. 'Th.. '''''<~1.lflIeI1tl!l cO\'1:',~i t,)" rhil'l '''''1I,.."r .tn' .U follov8' r ( ( P 'd~3 RANDALL 1. HARTMAN, PC Attorney at Law 438 Marker Streer PO Box 33 lemoyne, PA 17043 Randall L Hartman, CPNMBA Phone (717) 761-8490 fax (717) 761-4143 January 6, 1997 Evan Black Post & Schell, PC 101 North Front Street Harrisbutg, PA 17101 In te: Maciver v. Bonsall, MD Dear Mr. Black: Enclosed are the Plaintiff's Answets to Defendant's Interrogatories. Thank you for your cooperation. Sincerely, ~~;-\e.\v Randalll. Hartman RlHlicj enclosure I . -. . ..... ~ ~t.('~ .,;' , )\4 .. .. , , ALLAN W. MACIVER, Plaintift' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5473 Civil v. DR. ERIC K. BONSALL, Defendant JURY TRIAL DEMANDED CIVD. ACTION - LAW PLAlNTIFPS ANSWER TO DEFENDANT'S INTERROGATORIES I I I .1 I I j B~al.ld ~~ Randall L. Hartman, Esquire RancIaII L. Hartman, PC 438 Market Street Lemoyne, PA 17043 (717) 761-8490 Attorney for Plaintift's M " (November 1991-Febnuu)' 1992) 9. Dr. Michael Steelman Family Medical Center Susquehanna Trail York, PA 17403 (October 1991- Present) 10. Dr. Jamie Walker Harrisburg State Hospital Harrisburg. P A (July 1993-August 1993) II. Dr. Erik Bonsall Carlisle Oeneral Hospital Carlisle, PA (September 27, Im-oaober S, 1m) 5 " , 6. If you have engaged in one or more gainful occupations after the date ofthe treatment, surgery, examination, or events referred to in the Complaint, please state: (a) The name and address of each of your employers or, if you were self-employed, each of your business addresses and the name of the business while self-employed; the period of employment, the position held; the nature of the work being performed; the name of your immediate supervisor; and (b) The wage, salary, or rate of earnings received by you in each employment or self. employment and the amount ofincome reported on your federal income tax return for each year subsequent to the accident. Empl~: Camp Hill Correctional Institution Lisburn Road Camp Hill, PeMsylvania 170 II Dates: March 1994-October 1994 Position held: Psychological Services Associate II Psychology testing. writing. psychological evaluations and counseling Supervisor: Mr. Aubrey Shank Salary: S16.9O an hour I 7. Ate you presently receiving Social Security benefits for disability, Social Security benefits for retirement, disability pension income, workers' compensation benefits or other wage continuation retirement or wage supplementation benefits from any agency, company, person, corporation, state or government? If so, state the nature, amount and frequency of such payments and the condition or circumstances under which such payments are being made. If you have made claim and have been denied fot any such benefits, please so state. I am receiving S522.oo a month from Social Security for Disability and I am appealing a denied worker's compensation daim for benefits. 9 '. .- EXHIBITS 10. IdentifY fully and completely each and every document, demonstrative exhibit, picture, object, model, movie, tape, or other document which you intend to refer to or introduce during the COUI1Cl of the trial. I. Health America letter 2. Dr. Bonsall letter to Dr. 10sephson J. Intake Carlisle Hospital Records 4. Medical records to substantiate injury and damages 12 AI.LEGA TIONS OF NEGLIGENCE 11. Describe in detail how the alleged malpractice or negligence occurred, including exact location and time of same, and the events immediately before, at the time or, and immediately following same. The negligence that occurred involved the letter written to my supervisors in the Psychology department saying that 1 was unable to tetum to work because 1 am bi-polar manic. It also stated the medicine I was taking and the judgment that I wu incapable of perfonning my work. The infonnation in this letter was also preceded by a telephone conversation on October 8, 1992. 14 MEDICAL TREATMENT IS. If you have received medicaltreatmenl, tests, or examinations (including x-rays) because ofinjuries or diseases you suffered as a result of the treatment, surgery, or examination referred to in the Complaint, please state the name and address of each attending physician, consulting physician, person or laboratory taking an x-ray of you, the date or inclusive dates on which each of them rendered the service, the amount and dates of their bills for service, and whether these bills have been paid. Scranton Hospital York Hospital-Dr. James Mazgaj York, P A. 17404 (July 1993-September 1996) Harrisburg State Hospital-Dr. Jamie Walker Harrisburg, PA (July 1993-August 1993) The bills were paid by the state. Holy Spirit Hospital-Dr. Shiv Aggarwal Camp Hill, P A 170 II (February 1996) York Hospital-Dr. James Mazgaj York, PA 17404 (September 1996) Hershey Medical Center (Heart Attack) Dr. Steelman (199I-Novcmber 1996 biD not paid) Holy Spirit Hospital-Dr AJi Ahmed Camp Hill, P A 170 II (August 20, 1992-November IS, 1996) 19 16. As a result of any alleged personal injuries you suffered as a consequence of the treatment, surgery, examination, or events referred to in the Complaint, were you a patient or out- patient at any hospital or clinic? If 10, state the name and address of each such hospital or clinic, the date or inclusive dates in which each such treatment or examination in a hospital was rendered, the respective charges by each hospital, and whether these bills have been paid. Scranton Hospital Yorlc Hospital-Dr. James Mazgaj York, PA 17404 (July 1993-September 1996) Harrisburg State Hospital-Dr. Jamie Walker Harrisburg. PA (July 1993-August 1993) The bi11s were paid by the state. Holy Spirit Hospital-Dr. Shiv Aggarwa1 Camp HiI1. PA 17011 (February 1996) Yorlc Hospital-Dr. James Mazgaj York, PA 17404 (September 1996) Hershey Medical Center (Heart Attack) Dt. Steelman (1991-November 1996 bill not paid) Holy Spirit Hospital-Dr Ali Ahmed Camp Hill, PA 1701 I (Auaust 20, 1992-No..e...w. IS, 1996) 20 , , \ I i ! I 22 " - . , 19. Either prior to or subsequent to the treatment, surgeI)', examination, or events referred to in the Complaint, have you ever suffered any injuries, illnesses, or diseases in those portions of the body claimed by you to have been affected by the treatment, surgeI)', examination, or events referred to in the Complaint? If so, please state: (a) Description of the injuries or diseases you suffered; (b) The date and place of any accident, if such an injury or disease was caused by an accident; and (c) The names and addresses of all hospitals, doctors. or practitioners who rendered treatment or examinations because of any such injuries or diseases. Ms. Ieannie Brown Mainstay, Inc, 4 Lemoyne Drive I.emoyne, P A 17043 Custodian, Medical Records York Hospital 1001 South George Street York, PA 1740S Ms. Pamela Owens Medical Records Director Hanover Hospital 300 Hiahland Avenue Hanover, PA 17331 Supt. BI\ICe Damcy Ham"" Stile Hospital Harrisbwl. PA 11I0S,I300 n ..-.-...-. ..~ .. p, 1 .. .' EXPENSES AND LOSSES 20. If you were employed on the date of the incident, and made claim for lost wagcs or loss of earning capacity, state the basis upon which you intend to compute your lost earnings or loss of earning capacity, including dates missed from worlc, rates of compensation, and any job you contend you could have performed. Please attach you tax returns for the previous five (5) years. Since I lost my job in October 1994, I have incurred lost wagcs ofS16.9S an hour for 40 hour work wcdcs. My career is ruined beca"5e I can't get a government related psychological position as a result of tile State Policc record and involuntariJy being committed to the State Hospital. I have to go through the Officc or Vocational Rehabilitation for a new career. I lost my fiancee as a rcsuIt of job loss and hospitalization. I tried to get a position as Director of Psychology at Hayncsville Correctional Facility (salary-S4S,OOO) and was told I would get the job if I passed the scc:urity dcarancc, but I did not pass. 21 '. ~'~~;:~7~!~1.tt~~~.\~1)~~:'~~'~':-.f ...._-'0 .~_ ......... ........ - , . ~". .' " .' t. o.o.n"..,. of the 1',......,. InI'IfNI A~ $.-w. Declaration Control Number oc~ Inl 00-230007-~-~ U,S, Individual Income Tax Declaration for Electronic Filing For the year January l-oecember 31. 1991 . See Instrucllons. W....". '.t~/c;JV""- OMS No. . S'S.Q9J6 Fonn 8453 ~@91 Use the IRS label. Otherwise, please point or L A B E L Your r.tst "":f. and ntJal /-II/ulJ II. pnI relurn. spouse'S hrlt Nm. ancIn\lal Iv UIINm. YO\W IOdaI IlCUr1ty "umD., /'7/ ; ./.;1: 9/..:11/ ~3UN', ,odaI MCUtttr numtler Home addtlU (numDer ar4 strIIl). Iff I PODOl. '" II1SttucttonS I ADt. no. TMQnone nurnDIt fogl~1) .A'.2s ,J;..,/ hi ( 7/1) J$'.:J./Pt'.?_ c.'Y. .own" post o"oC~. ,{.... ana '11;; coo. For P.petworll Redyct'on Act It. k. ~ /7'0:<,1 Hotic.. ... ...lnIctio".. If the taxpayer's name ct<anged dunng the past 3 years due to marnage. divorce. etc.. and he or She filed a Federal ,ncome lax return for such years uSing the lormer name. enter the most recently used last name here. . Tax Return Information hole dollars onl 1 Total Income (Form 1040. line 23; Form 1040A. line 14; Form 1040EZ. line 3) . 2 Total tax (Form 1040. line 53: Form l040A. line 27: Form 1040EZ. line 7) 3 Federal Income tax Withheld (Form 1040. line 54; Form 1040A. line 28a; Form 1040EZ. line 6), If any's from Form(s) 1099. check here. 0 . Refund (Form 1040. line 62; Form 1040A. line 30: Form 1040EZ. line 8) Amount au owe (Form 1040. line 64: Form 1040A. line 32: Form l040EZ. line 9) Direct De osit of Refund See Instructions. .-- -,,.... 1 2 flSSS- 3 4 5 y. "'/ -r77 '5 ~ I 6 Name of finanCial institution and. If applicable. branCh name o . ~. I '02 ! III j:' II 7 Rouling tranSit number (RTN) I> '0: I .3; ~ I 8 DeposItor account number (DAN) L. ' I ~ ~ - I 9 Type of depoSitor account; 0 SavIngs ~ ~ 111 O",nerstllp 01 depo,;,t acCOunt: 0 Self I:mIIJ Declaration of Taxpayer UJOO.., Clen.att'et 01 f)e\"",,",, I CJetW1t ~ I ha.. ~ "~oOft (C)I\I~ on I'ft, '.fum ..,m ~ frI~ I P\aq oro..o.d to "" ~ ret\oII"I'l Ofl91\Itot" IfRO! af'CI I"'" '1'>. .t."T'lClul'lfl OucrlbMlll"l Pan I aDo.. ~.. _Ith.,... ~"" ~ Ol'llf'le (,l)f'noonG"''l ""., of "'" 1fl1 F..,.. ~ tal ~ 1'0 1ftI belt I;Jf",., ~ ana ~, "", ref,,""" tr\Je. C:~ eno t:~. t C~ Nt",., ~ ""C"1uCI"9 I""" oecWlfa!.ot' II'IiI kt~ tc:,...,... "'II~ be Mnt to Ifte $AS b1 ~ ERO If I "'.... tlH:tM Oweel Oepo..... ~ .....ne~..., ~... """ '1V0UIJI'l11 1ft ,.,.......... correct: I....... that "" ref\N... ~ oeoo....... 4e"9".led '" P*" at ~we; ancIlld\erU:, "" IftS to Wonn my IftO' M410r .,. 1r1IMmrttef.....,. '"'........ tor 0irHt Oepot.t.............. II "'" 'et,,,,,.. . /0'1"'1 '.'"In .tOO tN "tuna .. to tie one"" CleQCIIted. rho, .. an ...r. a.:.tOle &DDOtr'1~' of ".. otf"f'r ~M ...... ~ 10 ,..... ,.. J-..nd If I "-'" toIot4. ~ GlA '...".. ~a.~' u"c'..o 10 ",--. an ..O{PT ~ I~"" If\4lt. tt<l. tAS oo.t "Of 'k....e ""* *'0' t......., U.,~ of my tala to.JI)IWy I'" ~.... 'or 'If\t taa ~ ~ III .I0C"f .)':J... """"'1 ~ ~'" If I t:~ "..., IIO"'t 'tOIot81 II"IC Slat. 1&1 '.'.,1.'" I ;tn.lientr'd ~... <f ~ .. "" ltIf'Of' Oft ..,. .~. '"""' my F...,......fl.Im .... ~ '....:ted na. first two numtters of the ATN must "0' ,"""",,'2012'_:12. o Check,ng C Soouse 10 Prool 01 account o Se~ and SpOuSe o Check o Other Please Sign .. .'lI~-. hi;..,..... '- .. Here , 'l'tI..J, 59'.1....' O~!f' , SQOuM 11~1JI"!of pn1~. 80'" InUit ''91''11 o.lf mm. O.claratlon of Electronic Return On9tnator (ERO) ana Paid Prepare, (See InstructIOns) , :!.... .,t,. ,....' 1 "'... '...~" ~ tobOhef 'll'~ ar>d..... ~ W\l"'fl ry'" f"..... ..."l 11'_ c~... cOf'eC1 to w.. on. ttf,.,.. ~ /E~........... t'o-.c~ .'. '<.]1 '....~..,...Hl"'for,........-q h'....N\o..'llletlJrn I'IO..."..'~ ""'.I....lI......!""-.tItf,~...,)...c"".'..".....tt""-tht.Gf'I.,..""""..........t:~ t~1"\.aI1 ...... ....,...., t.-.. l&Jooaveo 'll P"l>>OI of KCOo.It't ..a tf'IaIt1P\1 aroot at tcraurrt ~ ..tr> ~ ,...",. ~... ~ dkWltlQft I ~ oIlt__1NI ~ 1 ""'__. 01'1 '0-0 8.1~) t"illl \...01">.11"'9 tt-. ~ft"P\ to NIRS ..... Dro-MG.... t~ _"''' c:o;c, \:!... ~ &"C2 ~ to lie tiM.... "IAS. ..~~.. DtrIer ,f'\n,'..........t, .Jtr'll.nc.dn fIut" 114S.~ ~ E~ ,.....,ot~Ino;,CJ'O'"Ot '>> ~~'Tu "" t'lt,. "I."._....P-.d~ ~ Der1ItlI...ol~ I ~""'I.. >1'J' I ~"'...~"'-6bo"1&-.&W"''ll~'"'''''' ar>d.ac:c~....","-~_~""'''~ M"Ol!to"'-&ettcf"",,~....-.cI"'" ....,,,.~. c~ M"Ct ,~-,.......... ......l<Q<'Ofr"~T.ba...,Dn_..'loIT.IOOI"DI~"'.....~....,~.~It~ ~ 1;, Il/.' J :"'~'. I 0,<<:" ~ I Ct><<_ , Y<Nr -..or,. ""':\Ol"''f I'I~ . I.. , ~ , I, 1 t l.- " , ,.\0 pard I.! ~ ,...., I . ~~~s '," .--~,:t.,J ;';o_1j-i,{~'", ._-: _-:,-..:_~~.m.L~.2.~~_9J_,7(.: -~~....L:.1~__ Only :~;,;~;:.::;"""." ..H&R 81",OCIL___._____,. _ ~,---------~~~."" l>607Mf,,____ I' ,,1 ~1',~_,,\' i ' c-'" . .1'/'; I :lP eodt 't4v~ y' 1 - . '-..".... [-"'''~<..~, t-.~l'r\Mt.................~~.~~.....,...~~... _...Io..............""'..--.~~ -.. ....... n.'....' .Ir'<II.~ O"".lItq.~:of~........,c....rfIt_..."....,J.........,...~....,..... ritL I I Paid I Prrparer"s , Use Only r,"t1.a'ItW'\ ~ '\-1'",..". , I_~~ \.......... ,... ~ ,'.1,,"' " <~ ...,,;...,-....1 . ",",....,.. t (Lt<e __~;:_ [).l_A~~~':~-~' I fl....... __'9__....._ , ..'f',.,.... II.,., 'f" ..", . .. 9tt t . " ,., 1991 "u :'S.' INDIVIDUAL INCOME' TAX RETURN 1040PC FORMAT PAGE 1 . OMS NO. 1545-0074 ALLAN W MACIVER 171-42-9134 PSYCHOLOGIST '1,-," , 1025 JUG RD YORK PA 17404 '.}, ;.", PPECF Y SPECF N FS 1 6A-SELF X 6E-TOTAL 1 1040 PAGE 1 ----------------18545 A------------------10 3---------------18555 1---------------18555 1040 PAGE 2 2---------------18555 4----------------3400 5---------------15155 6----------------2150 7---------------13005 8---A------------1954 0----------------1954 6----------------1954 3----------------1954 4----------------2431 0----------------2431 1-----------------477 2-----------------477 REP-DEBRA HARLACHER-- -H AND R BLOCK---- -QUEENSGATE------- -SHOPPING CENTER-- -YORK PA 17403---- -SSN---211-54-8386 -EIN----44-0607856 - TAL INCOME OTAL PAYMENTS LINE 23 LINE 60 18555 2431 TOTAL TAX REfUND LINE 53 LINE 62 1954 477 nder penalties of perJury, I declare that I have examined this return and ccompanyinq schedules and statements, and to the best of my knowledge ami ellef, they are true, Correct. and c~~plete. Declaratlon of preparer other than taxpayer) is based on all lnformation of whiCh prep.lrer has ny knowledge. o,;-r:; ;;lfl;' t\a...... _ :'1()f~ ^t t,~:<,t .1t ti'f\ h''''p.lt " t '~ :~ ~ tln." U l ,. n.' I .' \~4i2<~~' r .,11 .' 3-(;;-)lls-;;~'s--:~i I1th\ t \~f-t~- -.._' H, . n.ll,- ~-~~'lf Frtpll'y.>d ';, t t \.4;\, .' I \:"b' ..\ 1 .w-,,, . ..........doll1evonuo SoMce v.;). IOdlvlduallncome Tax Return 1994 99 IRS UIe OWly.! do 1101, """',1, or.,tapl, '" Uf" 'Pat.. Fo,t". ..r..li".I~O.e.3' 11ll4,orOUtl,ta. Us. L . . m~ .~ ALLAN'W MACIVER 11b.1. ~ Other. 225 E MAIN ST WIse. ~ pl...., SHIREMANSTOWN, PA 17011 Print " or type. ( Pr."d.nUII ... Elecu." c:.mpllgn r 1 2 3 4 '..rb,,,,"," "'C.lnd'," .11 OMS N.. 1545. V.ur .OCII/.ecUrlty nUmJ 171-42-9134 Spou.... SOCIII ..curlty I Filing Status (See page 12.) Checlr.nIy .ne box. o. you Wlnt S3 I. g. I. lhis fUnd? . . . . . . . . . .. . . .. . '" '" .. '" . . ". '" '" .. " If I 'nl r.!Urn. do.. ur. use Wlnt S3 I. . I. Ihi. rUnd? . . . . . . . . .. . . . . . . . . . .. X Single For Prlvlcy Act _ P.,..,....,,,, AeduCU.n Act H.uc., se. pig Men1ed filing joint rl!Urn I..... n .nIy .ne hid Income) MarrI., '.'"1 """1, ,.tuttl. (ftf., .'0.".... IS~ ..OW'I & f."n,.."" ~"... VI. H. X H.t.: Checking "Y..' will nol ch. )'Our lax or reduc your refund. ExempUons (See page 13) 5 6a Heod.f household IwIth 'lUllilylng PtIrIon). lSee P"ll8 13.) n qUlUlyfng PtIrIon Is I ehIId bul /lOt your d.pendenl. .nlor ChUd'. name her.. . au wtdo or with ~nt Chid Iyr. 'POlIse dIed.,9 ). (See 13. X V.uralll. If YOUr peront lor IOfneone eIae) cln dllrn you .. I dependent." hisIher lex} No. or ..... 1 ..r~~r~:~'~~~~~~.~~'.~.~~:~~~~X..~i~.3.3b.~~~.~.2 :~m'''''' _ Coo. II... '" ...... I) .........,. N.." No..r ,.., II..... .........,......,......" '.0'......." ..Ot.. '" '0.,.,.". .. I .... P.., .....,.... 0" ...., .... ........ ro. ';:','j&:' .0", b C ~ta: . '1 , : ; I i " mole Ihan IlX deJ>endenls. see Page I', .......11..,"1)"011 .11'11"1'......"" yo" II.". to lI,vo,ce Of '~i1fIOIl (... ,.",.) - - d "ro.. ...1, ....,... M" ro. "'" ......... .... ........., ~'''' ..._ .... ."'......, ......... . U e T... rtUmber o1""""'tio... dlime<l. . . . . . , .. . . . . . . . , .. . . . . , , . .. . . . , . . , . . . . .. .. .. .. . 7 w............"...."'._......'.IW-. , ' ~ 7 Sa T.......lnter.., Income 1- P"ll8 15). ~ Schedule B,_ S400 . . . . . , . . . . . . . , . . Sa b T..,........llnterlSl (_ pg. 11). DON'T incllde.n ine... f 8b j , I,."; 9 OMclendlncome.AftlChSCheduleU......S400................,................ 9 10 TIXIbIe refunds- C>1dtIo, or."-.f Ilale _ bcellncome..... 1_ P"ll8 11) " " , . . . 10 11 Alinonr-....,.........................................,....,.,....,... 11 12 au...-Income or (ioU). AhcIt Schedule C Of C-EZ.. . .... ..,. '. , .. . .. '. . 12 13 c.p.., - or (loa) If r8quire(j. IIIaCh ScIteclule 01_ P"ll8 II) , . ., ",.,...,.... 13 14 Olher geine or (loaoes). ~ F"""797.. .. . . . . .. .. . . . . . .. . .. '.. .......... 14 1Sa T01III11A dslributione .. ~ J b TIXIbIe _nt 1_ pg. 17) 15b 1Sa ,........~................ ~ ".921 Jb Tlalble_nt(_pg.17) 1Gb 17 AenteI.... -. "'Y..... ~ S c:aop......... ..... .... AIlac:tt ScIteclule E , . . 17 " F.....lncome or (loa). AIIech ScIteclule F. ........,...........,.,........... 11 19 u....,tl:."'..........--aonl_p"ll818).......,..........",.....,......... 19 20lI SociIII8CutIIy betIefIts . ~ J b TIXIbIe ..........(Me pg. II) 2Gb 21 Olherlncome. UNEMPLOYMENT REPAID (9,174) = 22 ~... ~ in... fer right co-...., lor ..... 7 "Clug/t 21 n.e to ~~, . 23a Y"'IIIA~nl",plge lI) .........,... 23a b 5I>ovse'. IItt. deduc1ion (_ P"ll8 1'1. , .. .. . . . , " 2~ 24 Wo""'ll'""""-~FonnU03orU03_F,. 24 2$ One-heII 01 --......._ lex , . , ., 2$ · 211 SeI~ PIe,,", -.ranee ~ 1-,"ll8 21) 211 27 1\eogIl-.._, p/M & I8lI .'.4lr-.- $tP doduaon , 27 2t ,.."., on ~ -...., 01...... . , .., 2t 29 ..........,-A.o.~..,..S$l\l. L29, 1 ..:. ~ O'''IfIl1tnta Oil It. "Of ."'er., llbo", - Income AIIII It.......,. I I :~:::.: ... 1 A~ C<rpy B of YOur Form. W'2- W.2G, """ lot1-A here. 42,772 II you dod nol getlW-2._ pogo '5 Enclo... bul do noll.ech. Illy PI_ 1MIh )'Ot.K leturn I 3,083 J Adjustments totncome ~'$ee -..... ~i 21 22 . 19,174) 36.681 \' , AII- (lr, ,_ lUll t;NOll" 30 ~ ..... IJ<o ""- a. fPIeoe.. ""'" ...., "" 31 s..e.1ct ... ~ ~"'" .... ~ n.e... - '," · 30 · 31 ........ td!toA 36 6Bl J'Otft<llM41 I'""l ""h~ ('4j)V"'''''(<'.'!~h....\''l;.,. \..........~ "'< ''''''-N.C' , .. . 2 9134 2 R", 1040 (1994\ ~'LL'AN W MACIVER 171-4 - Paoe 32 Amount Irom line 31 (adjusted gross incomo) . . . .. . . . .. . . . . . . . . , . . . .. . ' , . .. ..... .... 32 36,681 Tax 338 Chock it; 0 You WQro 65/oldor, 0 Blind; 0 Spouse was 65!older, 0 Blind. '::",- Compu- Add the number 01 boxos chocked above and enler the tOlal here, . . . . , . . , . .. .. 33B tallon b II your parent (or someone else) can dalm you a. a dependenl. Cheel< here, . . .. . 33b [ ii: C If you ato marrktd filing separately and your spouse itemizos deductions or you III- 33c \:"'.. (See page are I dual-stltus allen, see page 23 and cheCk here.. .. . . , . . , . . . . . . . . . . . . . 1:; 23 ) 34 , {.___.oom_"".... 00 } I',;' ,,;:er Slandard deductlon 'hown below lor your fili~ .'alu.. BuIll you checkad I anv box on line 33a or b, go to PIS' 23 10 fmd your standard deduction. .rg.r If you checked box 33c, your stan ard deduction it zero. F~4 01 . Single -- $3.800 . He.d 01 household -_ $5.600 3.800 your: . Manfed filing jolnUy or Qualifying w1dow(er) __ $6,350 ~iibj::: . Manfed talng separately -- $3,175 35 Sub~sct line 341rom line 32. . . . .... . . . . . . . . . .. .. . . . . . , . . . . . " .. . . . . , .. .... .. .... 35 32.881 36 II line 3211 $83,650 or Ies., multiply $2.450 by lhe IOlal number O'.'flITllllons claimed on line &e. " line 321a over $83.650. seell1e work.heel on psge 24 !or the amount 10 .nter . . . . . . 36 2 450 If you want 37 Taubl. Income. Sub~aCl line 361rom Un. 35. It line 38 Is morothan line 35, .nler -0- . . . . . . . 37 30.431 the IRS 10 38 Tax. Check II from 8 ~ Tax Table. b 0 Tax Rale Schedules. C 0 Caprtal Gain Tax WOrle- figure your .heet. or dO Form 68151'''", '" Amount ~om Form(.) 6814. e 38 5,562 tax. see p.g.24. 39 Additional lax... Check It ~om a 0 Form 4970 b 0 Form 4972 . '" . . . . . . . . . . 39 40 Addli...38and39...................... .........., ....... ................. . 40 5,562 41 Credlllor chlid & dependenl care expo Anach Form 2441 . , . , . 41 "i Credits 42 Credll!or lhe eIde!ty or lhe dl.abled. Anach Schedule R. . . . . . 42 ',to (See page 43 Foreign 'ax credit. Attach Form 1116 . . . . . . . . . . . . . . . . . . . . . 43 1'- 24 ) 44 Other credits (see page 25). Check II ~om a 0 Form 3800 ..... ' b o Form 8398 C 0 Form 6801 dO Form 44 45 Add lnes 4111vough 44........... ,..........,.... ... , .......... ............ '. 45 46 Subttsct line 451rom lne 40. " line 45 Is mor.than ine 40. enlOr -0-, . . . . . . ............ . 46 5,562 47 Sall-flITllloymen\1ax. Attach Schedule SE.............,......... . , .............. .. 47 Other 48 AIler""lIve_mtax. Anach Form 6251 ............,.,. ........ ..,. 46 Taxes 49 Recaprur.taxes. Check Illrom II 0 Form 4255 b 0 Form 6811 cO Form 6828., ..... 49 50 Social securily and Medicar. tax on lip income nol rwported 10 lf1'4lIoyer. Anach Form 4137 , , 50 (See page 51 Tax on qualified retirement plans. including IRAs, It requtred. anach Form 5321l . , , , . , NO, , 51 308 25,) 52 Adv.nce.amed income credil p.yments ~om Form W-2. ... .. .......... .., 52 I, ,. 53 Add inet 48 1hmuah 52. Tl1it Is vaUT total1lx, , , . . , . . . .... .... .... .... ,. 53 5 870 54 '.defallacv'Uv.I...H'ftef..ffll"'II,lf'OM'O'Jft{.1 'OU.~Il.C' ... ~ ~ 54 6,434 Payments 55 1994 _led lax payments & ami. app/led from 1993 return , 55 56 Eamed Income credII. Il required. anach Sch. EIC (_ pg, 27) . Anac:h Nonlaxable _Income: 1111\.. I I Forms W-2. and type . NO 56 ,'" W-2G. and 57 57 \, l099-R on Amount paid _ FOIm 4868 (IX18nsion rlqUesl) . . . . . ...... page " 58 t.,*" lOCi., -..rtty and RRYA tax _held (_ page 32), . . 56 59 Other payments. Chedc.from 80 '.'''' U3' bD ~Offll.'". 59 ,;. 60 Add lines 541hr"""h 51, These are """ total ,. 60 6 434 61 · 1M 60 11 more lhan 1M 53. SU\llr1Cl 1M 53 \10m One 60 Tl1it IS the _nt yOu OVI!lII'AIlI. 61 564 R elund or 62 Amount 01 1M 8' yOu ....nt REFIJNOEO TO YOU .1631' " ,. 62 564 Amount 63 Amount 01 lne', yOu...ant APl'UEO TO Ins EST. TAX You Owe 64 · ine 53 lit """.than 1M eo. sublracl ine 60 from One 53 Tl1it 11 the AMOUNT YOU OWE- f.. dellh on he..." pay, includtng - 10 - on """ P""'j' _ page 32 64 65 E_,ax _ a_ 33) AIoo _ on 1M 14 65 I ' , Sign Here lil..eep . copy of lhts: return L.vYWf f<<.(H~ Undor -- Of '*"'Y, I_thai I h.... '-_thIS relI.dn..... """"""'."1""9 _ and _c and.. the best 01 my '''''Wfe!'geand -. <I1ey ar'll\Ie, CO"""" end ~ Oectarnon Of 1>'1I>_ (Olhef lII..-texp_1 .. _ en 011 tntormaaon of ~ prep.. ha, any "ttC_ie4ge .. V,,", lligneture 0... v.... .....,,11IO. , UNEMPLOYED ~ Soou.... IIigftI1\A Il. jOint 'aIum. BOTH ""'''' I9'l t'oIe """","', ~-.. Paid Prepare,', Us. Only "'op....'... Oalo ......"". , See Attestation l0!3i~6 r.,.,. "- (0< you.... HR BLOCK d sen-"""",l"t<11 ,QUEENSGA TL !OIl'.! p I't~S;,~Ci':NTER ando,j.._ YORK I'll ll"'J~~00 Chect I .... (I ~ l'iP(ll"" ~ < '. \ ",'. lit'" '''''''t''''.~'''''J t 1f'~,.",.~ . ,-, .. ,... .,.....~. ....... ..~.\ 'l..t ....'~" ",,-<.- !i-.... '"fori '" f., I INTERNAL REVENUE SERVICE MID. A l1.At(J'[C REGION OlN / ~ / I 9/ 9 b ~Ml :1., /: / tv2- l);th ~ C...:J1 t. tJ' T..II8VW....." OIl..: . \, I . . DEPARTMENT Of TiU'.ASURY P.O. BOX 920 BENSALEM, PA. 1~~~51' ~hlla.;et l\ame a ~ 7V. n(a""M . "ll~.er IcS.nl.ltealtOll t..um:Mf: / 7 / - ll.2. - 9/ j ... "urs / f tJ s- ~Cltmlll: / t7 c/ tJ,.. ;z~~ Phone: 12ISI,tH;~ S1?1 enol . _he C8II Ibn: 1:00 _ 10 4:30 .... w. Ilhe receiveclthe reque" for DhatOCOCtYliell of tile lea lorme.. iftdic.aled........ Our I J ... III -'-' below: . I I AnacIled _ IlhoClK .... lor the la. _III II We.. _ abIa 10 11I1 r IQ . \ioIw.II_~. ~ of... r-... wtIidI wiI_....In... your ......L We -11'6 il6. this ..... I II he 01/ d\Irge. If this .... noc _ waur ...... ___ ....... Oft Fonn 4508. II We _ !'8U'*'o Yout IIIW_It. ,.....,. I I We.... . j "r1IQ waur P81/IMIIt ... "'" _ tile ,....... 1001_..__, 10 al il - ned Oft the Famt 450e _ , . ad. X Our......donllllll_......__..:.-.;..~...~._I / tJ ~ S-- I \ for_'.~I"Yef~ ......._fII'CI..Nd. .....dlec:kyour/... .....'11. JlFamt 450& wilh the conwch"o..._Iloft.... _ it in tile. . ~ 81\.1':;1. I' Ttle... """"'" IOf 60 dayl. ar. c.......~,.-"........ ....... r-' ~ OJ<< waur Il . tin 30 10 II The _Ial anellOr W.2111 for I.. ,.arlll ..1Ieing..... \Iy .lOItwliI ... witNn tile Senrica Cenler. T..... CClCltft ... lie ..... uncter MOIl." _. .... 01/ d\Irge. , I, I On _III!I _ . Iener '''''1''''' In~. necnury 10 _ AI>. your ....... for t1ti II J II of "._1. Sine. -haw_'ec........r-'Y. ---.-1II11 . 4,... _. you...........,efuftd for waur III~_" In 4 10 6........ If,........... crt, 1 I' " I. ,.. -. ...... . Famt 4508 wilI\ tile 11I._.1 "'_ _ .. l r . - -V '."'T~11t""'1...t..'.... ~... 'I ",tfund for .- ~ of . II ...... _ 1ft 4 to 6 ...... " yOu ..... 1ft, _I_I ...., ttloa Inter. ....... .....1. 10 ..I al _ ...,." ___ en IftIa Iener. 0. yOu -., c.- III 11"'- 1......._10& --.rta' QIM ........ ~'ht~ =~3"" .0 ". . .. , VERIFICATION I, Allan W. Maciver, the undersigned, hereby verify and confirm that I have reviewed the foregoing document, and the statements made in this Answer to Interrogatories 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. Section 4904, relating to unsworn falsification to authorities. ~ Iv. ~_~ Plaintiff Date:~. G" \<\l\ ~ 10_.., ( c POST & SCHELL, P.C. I eao -'QHN r. UNNEQY .LVD. ~1L.ADa.PH'" ~ 1"0:1 CIIIIM7-1COQ "'" tll.....,....... eol HAMIL1'OH MA&..L. <<n4 n.oalll ~~ Ifm:JWN.M '.'DI 1.101 qa-alla ~All 11101 .:sa-a..,. aa., NO,"," "IHee aTIIEET v.....~.. '....... ,.,~ .,..'71.......,. ~All "'171ft.o'" ~D DmCl;:... 1n - NoI EVAN SUCK.- PAUL W. GREGO ALIEXANOEIll J. PALun. CHARLIE. F. MCELWEE PIt,,"V D. MIERLe .JOHN C. DEVINE CCUN K. LVDON JOHN A. KAHTNEIll ATTORNEYS AT LAw 1 C 1 NORTH F"AONT STAEn HARRISSURII. PENNSYLVANIA 1 71 C I 1717.233'5931 ~A" C7'71232127. February 5, 1997 IIIU'D 10 n&.I NO. 83823 Randall L. Hartman, Esquire .R.UmALL L. HARnaN, P,C. 438 Market Street P.O. Box 33 Lemoyne, PA 17043 RB: Maciver v. Bonsall Dear Hr. Hartman: This will acknowledge receipt of the Plaintiff's Answers to Interrogatories. I have a question concerning the answers to Interrogatory 19, which requests whether or not the Plaintiff either prior to or subsequent to the events referred to in the eCllllplaint, ever suffered any injuries, illnesses or diseases claimed to have been effected by events referred to in the CClIIlplaint. If he answer is in the affirmative, Plaintiff is asked to describe the injuries or diseases suffered, the date and place any such occurrence, and the name. and addresses of Hospitals, doctors or practitioners who rendered treatment or examination because of the injuries or diseases. The responses appear to refer to medical record custodians in part and I don't believe that this is responsive information as to healthcare providers who provided treatment or examinations. I would appreciate it if in a letter you would clarify for me the information in response to Interrogatory 19, as it is not apparent how, for instance, the custodian, medical records, York Hospital, rendered treatment or examination because of any injury or diseases. Thank you for your anticipated clarification. on another point, it may be necessary for UB to request that Hr. Hilciver sign authorizatio.'1B for release of cert<llin mental healthcare recommendations, if our requests are initially turned down, given the list of healthcare providers he has seen, according to t.he Interrogatory answers. It this be~s necessary, I will ( f"" ."J (~. ..I ( _J t' l.,J..... ( . RANDALL 1. HARTMAN, PC Anorney at Law 438 Market Street PO Box B l.emoyne. PA 17043 Randall L. Hartman, CPA/MBA Phone (717) 761-8490 Fu (717) 761-4143 ,- April 22, 1997 Ms. Vicki Bollinger Post and SheD 101 North Front Street Harrisburg, P A 17101 In re: MacIver v. Bonsall Dear Ms. Bollinger. I'm in receipt oCyour April 3, 1997, letter regarding more detailed explanation oCthe interrogatories and I apologize for not getting back to you sooner. Because oCMr. MacIver's multiple hospitalizations there is some confusion u to diagnosis and treatment It the various health care institutions. We arc in the process oC trying to clarify those issues and answers Cor you. I wiD be out oCtown until April 30, 1997. and upon my return I wiD finalize and transmit the requested material to you. At that time I wiD also file Cor an 1I'JUIlICnl6sting in the above matter. Again, I apologize Cor the delay . Sincerely, ~~~~ Randall L. Hartman - .- '- -~ "-' .. .. l. V. , ,-- , \.-;" J party . Pennsylvania Rules of Civil Procedure 4009 allows a party to serve upon any other pany a request to inspect and copy any designated documents within the scope of Rules 4003.1 through 4003.5 inclusive and which are in the possession. custody or control of the party upon whom the request is served. If a party fails to respond to the request for production of documents, Pa. R.C.P. 4019 allows the Coun to sanction that party. Plaintiff was served with Defendant's Medical Malpractice Interrogatories, Expen Witness Interrogatories and Request for Production of Documents on or about November 5. 1996. If a party fails to respond to the interrogatories, Pa.R.C.P. 4019 allows the Coun to sanction that party. When discovery requests are not complied with. Pa. R.C.P. 4019 establishes a mandatory procedure to be followed. When a party fails to comply with a request for discovery, "a motion must be presented to the Coon to detennine the default. Upon finding that a default has occurred, the Coun may . . . make an appropriate Order." Roman v. Pearlstein. 329 Pa. Super. 392,478 A.2d 845 (1984) ~ Gonzales v. Procado Brothers Tl1ICkinR COIlUlIIIV, 268 Pa. Super. 245.47 A.2d 1338 (1979). Within its discretion, the Coon may enter an order refusing to allow the non-complying party to offer testimony or any other evidence: desianed to suppon the non-compIying party's claim or any other sanctions as the coun deems just. Willfulness is not a pm:cdent to the imposition of sanctions. and a Coun may impose sanctions even if the failure to comply is not willful. Sg: RfmUlft, SItpra. at 848. Sg: 11m. Pa.R,C.P. 4019 clplanatory note - 1978 panaraph 2. 'In practice. however. sanctions for failure to respond to discovery teqIlCStS are senmlly not imposed WIlli there has been . refusal to comply with I Court Onkr dlrcctina compliance." Dion v. nn.to_ ".-....lbl 0( the UniverUlY of ~1V1l"" )6() Pa. Super. 416. S10 A.2d 816 It W (1981). As 1UCh. Ddl.,.'.....S only m:oune It Ibis poiftl m time "\ CERTIFICATE OF SERVICE I, Kathy L. Sitler, an employee of the law firm of Post & Schell, P.C., do hereby certify that on the date sct forth below, I did serve a true and correct copy of the foregoing document upon the following person at the following address indicated below by sending same in the United Slates mail, first-class, postage prepaid: KIUt A. Blake, Esquire 40 E. Princess Street York, PA 17403 ~~ W.;j~ KATHY . SITLER Date: ...3 ~ 19 ~ 9a ":,......,. i lfJ ~ .;J ~.... FtQ M ~~) ~: ..t: =oc \.J~: ~~ Q... ~::~ <.J <:) "<IJ ~l~ N ::~~ cr: ",(iJ (i:~ ' - Dc... F' ~ ~ ~ m Q\ U ..... ~ (,- Ct, r::"~ . . 11": , -' >. ~.. ~ I -f . - )) ~.,". ., . -~~; ~ .... 1- ~ - .... I .. t'~ " .' \.~ ...: ....: ~~ ~. '>:..l (~ , ,.... d V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA ALLAN W. MACIVER, Civil Action - LAW Plaintiff vs. DR. ERIC K. BONSALL, Defendant No. 96-5473 AND NOW comes, Kurt A. Blake, Esquire and petitions this Honorable Court to withdraw as counsel for the Plaintiff, Allan W. Maciver, and in support thereof avers as foUows: 1. On or about September. 1997. this Petitioner entered an appearance for the Plaintiff in this matter, replacing Randy Hartman, Esquire as counsel of record. 2. The Plaintiff has since requested that the Petitioner return all files, escrowed funds, and remove as counsel from this case. Anached hereto as Exhibit " A" is . copy of the Plaintiffs Release of Counsel from Case. 3. On March 16, 1998. the Plaintiff secured his files and escrowed funds from this Petitioner, 4. It is Petitioners beliel'that the PlaintiffwiU be seeking the assistance ofother counsel, but has yet to receive confirmation of any such occurrence. S. On March 17. 1998, this Petitioner contacted Evan Black, Esquire. counsel for the ~ and was advised . 6, The Petitioners withdrawal of counsel wiU not ~ the progress of this case, and does not occur at a time whicll wiD prejudice the Plaintiff. position or delay the prosressioa of this case matter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLAN W. MACIVER, Civil Action - LAW Plaintiff vs. No. 96-5473 DR. ERIC K. BONSALL, Defendant I, the undersigned, do hereby state that I have served a true and correct copy of the foregoing upon the foUowing person, by United Slates Mails, First Class, postage prepaid and addressed as foUows: Allan W. Maciver I I South Walnut Street Mec:hanicsburs. PA 17055 Street 17101 DATE: }lJ ~J Krut A. B,,* Petitioner . ALLAN W. MACIVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Dockct No. 96-5473 v. Civil Action . Law DR. ERIC K. BONSALL JURY TRIAL DEMANDED ANSWER OF DEFENDANT TO PETITION OF ATTORNEY KURT A. BLAKE TO WITHDRAW AS COUNSEL FOR PLAINTIFF 1.-7. The Respondent does not object to Attorney Blake's request to withdnw as counsel. WHEREFORE, Respondent does not oppose the relief requested by withdrawing counsel for Plaintiff. Respectfully submitted, POST & SCHELL, .C. EVAN B ESQUIRE 240 Grandview Avenue Suite 100 Camp Hill, PA 17011 (717) 731.1970 \.D. No. 17884 Attorney fot Defendant Bonsall >- r- "- if: I."; In t ..~ .. , ('; .,' 1!.I:: (I. .' . - C.... r., ~. ~ . . r_ , (~< , N . I '- L'l , ~i\... ~- !':.~ . " <~ 'j L' .,.:.... U , POST & SCHELL, P.C. BY: EVAN BLACK, ESQUIRE 1.0. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 1701 I (71 7) 73\ -1970 ATTORNEYS FOR DEFENDANT DR. ERIC K. BONSALL ALLAN W. MACIVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5473 CIVIL CIVIL ACTION - LAW Plaintiff, v. DR. ERIC K. BONSALL, Defendant. JURY TRIAL DEMANDED RIJI.F. TO SHOW CAUSF. AND NOW this 2 ~ day of OJ....., , 1998. a Rule is hereby issued to the Plaintiff to show cause why he should not respond to Defendant's Second Motion to Compel. Rule Returnable z.() days from the date of service of this Order. BY THE COURT. J. I I I I I II '1 !! .. POST & SCHELL, P.C. BY: EVAN BLACK, ESQUIRE 1.0. # 17884 240 GRANDVIEW A VENUE CAMP HILL, PA 1701 I (717) 731-1970 ATTORNEYS FOR DEFENDANT DR. ERIC K. BONSALL ALLAN W. MACIVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5473 CIVIL Plaintiff, v. DR. ERIC K. BONSALL, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED SUPPLEMENTAL INTERROGATORIES OF DF.FF.NDANT F.RIC K. BONSAI.I., M.D. PLEASE BE ADVISED that you are required, pursuant to Pa. R.C.P. Nos. 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These Interrogatories are deemed to be continuing in nature. If, between the time of your Answers and the time of trial of this maller, you, or anyone acting on your behalf, learns of information requested but not supplied in your original Answers, then Supplemental Answers shall be filed by you supplying said requested information. Additionally, if, between the preparation of your Answers and the time of trial of this malter, you should obtain information upon the basis of which you know that an earlier Answer to the following Interrogatories was incorrect when made or, though correct when made, is no longer true. you shall promptly furnish the same to the undersigned by Supplemental Answers_ Please attach "lillen materials to any Answer for which the same are ani lable. I f they are not available. state where they may be obtained, and label the wrillen materials 10 the Interrogatory to which they pert.ill DEFINITIONS I. "Document", unless otherwise spccified, shall mean and include any and all wrillen, recorded, or graphic maller, however produced, rccorded, or reproduced, which is in the possession, custody, or control of, or is obtainable by the party to whom this discovery request is being made, including but not limited to any and all communications, records, files, Icllers, and correspondence, minutes of mcctings or discussions, notes, brochures, reports, telegrams, records, drawings, plans, specifications, blueprints, graphs, charts, photographs, slides, motion pictures, photograph records, recordings, invoices, bills of lading, purchase orders, transcriptions, transcripts, contracts, agreements, aecounting records, microfilms, microfiche, videotapes, advertisements, technical data, test records, computer printouts, delivery tickets, delivery receipts, other delivery information, sales records, bills, accounting summaries, bulletins, opinions, published articles, investigations, summaries, statements, literature, books, promotional aides, releases, magazines, all information and data electronically or magnetically recorded or stored in computers or on tape or cards, any other handwritten or graphic materials of any kind of description and any preliminary drafts or copies of any of the foregoing. 2. "Identity or Identify", when used in connection with the identification of any person, shall mean a statement which includes the full name of the person, and the prescnt or last known ofthe following: occupation, business address by slrcct, city, and state, business mailing address, business telephone number, residence address by street, city, and state, residence mailing address, residence telephone number, and employer. 3. "Identity" or "Identify", when used in conncction with the identification ofa document shall mean a statement which includes the following information with respect to each such document: (a) The date appearing on the document and, if no '.!ate appears thereon, the answer shall so state and shall give the date or approximate date the documenl was prepared; (b) Any file number, code number. title, or label, and any other identifying number appearing on the document and the specific page number or numbers pertinent to the question or Interrogatory propounded; (c) The identity, as defined in Paragraph (2) above, of the person or persons whose knowledge, information, or obstl'V.tions are set forth in the document; (d) The identity, as t1efinal in Paragraph (2) above, of the (ICI'SOIl or persons that signed the document or, ifit was not signed, the answer shall so stale and shall it1entify, as t1efined in Paragraph (2) above, the (ICI'SOIl or persons who rrevared it; (e) TIle identity, as t1efil\\...t in I'aragrarh (21Ibo\~. afttIC ~m or persons to whom such document was ~ and the identity of C3Ch (ICI'SOIl ollter than the addressee to \\-kIm such .2. I I t' ~ F P 2. With respect to Plaintill's heart altack, refcrenced in responses to Defendant's Interrogatories, please provide names and addresses of any medical professionals and/or hospitals, who treated Plaintiff for the hcart allack or related conditions. Pleasc consider this a request for any and all medical records associated with said treatments and medical care. -s. : 3. Please provide updated employment information, including names, addresses, and dates of employers and employment, supplementing prior Interrogatory responses of January 6, I~~ . -6- .. CERTIFICATE OF SERVICF. I, SHERRY L. MOUERY, an employee of the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person at the following address indicated below by sending same in the United States mail, first-class, postage prepaid: Allan W. Maciver 149 York Road South DiIlsburg.PA 17019 ~~ S ERRY L. OUERY Date: '7 . q .9'8 AUTHORIZATION TO WHOM IT MAY CONCERN: The undersigned authorizes and directs Michael Steelman, M.D. of Family Medical Center, to furnish the law firm of Post & Schell, P.C., or its authorized representative, at any time, upon its request, with any and all information and records or copies of records relative to attendance, examination, or treatment rendered to the undersigned with further privilege or examination of such records. ALLAN W. MACIVER DATE: . . .' Allan W. Maciver October 8, 1998 Page 2 letter. Failure to provide the requested materials will result in our filing a motion before the Court. We are sure that it is your intention to keep this mailer moving forward in a timely rnanner, and hope that we will not need to seek the Court's assistance in resolving these outstanding issues. v cry truly yours, Vicki A. Bolinger Paralegal Enclosure AlEO{lt-"RCE or: WE P"OTH(NOTAtW 99FEB 12 PH 12: 2S CU!.IBEHU'!/D COLNTY PEf.;NS't'LVA'JIA ,@ I 1 ! i ! I I . POST & SCHELL, P.C, BY: EVAN BLACK, ESQUIRE J.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 1701 I (717) 731-1970 ATTORNEYS FOR DEFENDANT DR. ERIC K. BONSALL ALLAN W. MACIVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. NO. 96-5473 CIVIL DR. ERIC K. BONSALL, CIVIL ACTION - LA W Defendant. JURY TRIAL DEMANDED I DF.FF.NDANT'S "lOTION FOR SANCTIONS i, I II I I i I I AND NOW, comes Defendant Dr. Eric K. Bonsall, by and through his attorneys, Post & Schell, P.C., and files this Motion for Sanctions for PlaintifT's failure to comply with the Order of November 20, 1998, pursuant to Pa.R.C.P. 4019, based upon the following: 1 II l! 1. On October 20, 1998, Defendant Bonsall filed a Motion to Compel discovery responses to his Supplemental Interrogatories and to provide Defendant with an authorization for ;i II Ii Ii .1 il " ,. release of medical records from his family physician. Michael Steelman, M.D. A true and correct copy of said Motion is attached hereto as Exhibit" A". 2, Said Motion to Compel was filed because Plaintiff has failed to pro"ide responses to the Supplementallnterroptories and has failed 10 pro,'ide Defendant with a release for his family ii .' physician's records, I. i! " g " . . ~(Q)[P)V POST & SCHELL, P.C. BY: EVAN BLACK, ESQUIRE I.D. # 17884 240 GRANDVIEW A VENUE CAMP HILL, PA 1701 I (717) 731-1970 ATTORNEYS FOR DEFENDANT DR. ERIC K. BONSALL ALLAN W. MACIVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 96-5473 CML , Plaintiff, v. DR. ERIC K. BONSALL, CIVIL ACTION - LAW I ., Defendant. . , JURY TRIAL DEMANDED -- . - I ., . DEFENDANT BONSALL'S SECOND MOTION TO COMPEL I.: D1RF.CTF.D TO PI.AINTIFF AND NOW comes Defendant, Dr. Eric K. Bonsall, by and through his attorneys, POST & SCHELL, P.C., brings this motion pursuant to Pa. R.C.P. 4019(g)(l) and in support thereofavers as follows: I. Plaintiff filed his Complaint in this breach of duty action on or about November 6, 1996 and an Amended Complaint on or about Augusl4, 1997. Defendant filed a timely Answer to Plaintifrs Amended Complaint on or about September 2, 1997. 2. Discovery commenced and requests were served on the Plaintiff. After failing to provide responses, Defendant was forced to file a Motion to Compel directed 10 Plaintiff. Said Motion was filed on or about September 12, 1997. An Order was issued September 15, 1997 directing Plaintiff to provide full and complete responses to Defendant's Expert Witness Interrogatories, Request for Production of Documents and a more responsive answers 10 Medical Malrractice Interrogatory No. 19. 3. In the interim, Plaintiff had retained new counsel, Kurt A. Blake, Esquire. Attorney Blake provided responses to the outstanding Medical Malpractice Interrogatories in aecordance with this Court's Order of September 15,1997. 4. The discovery phase of this action was proceeding until March 27, 1998, when Plaintifrs counsel filed a Petition to Withdnw as Counsel. Said Petition was granted by this Court on April 1, 1998, and Attorney Blake was allowed to withdraw from further representation of the Plaintiff in this maUer. S. On or about July 9, 1998, Defendant served pro se Plaintiff with a set of SupplementaI Interrogatories sedcing information on any worker's compensation claims, details concerning an alleged heart attack, current employment information, and information regarding any social security disability benefits. A true and correct copy of Defendants Supplemental Interrogatories is attached hereto as Exhibit "An. 6. Defendant believes thai the requested information is relevant to Plaintifrs allegations in this action, and therefore Defendant believes he is entitled to receive responses in accordance with the Pennsylvania Rules of Civil Procedure. 7. Pursuant to PL R.C.P. 4006, Plaintiff had thirty (30) days within which to respond to Defendant'. Supplemental Interrogatories. 8. To date, Plaintiff has failed to provide answers to Defendant's Supplemental Interrogatories. Plaintiff has also failed to request an extension of time to respond to the Supplemental Interrogatories. 9. On or about the same day, Defendant also sent an Authorit~ion for release of medical records to Plaintiff. This Authorization would release Plaintifrs medical records from his family .2~ UEFINITIONS I. "Document", unless otherwise specified, shall mcan and include any and all wrillcn, recorded, or graphic maller, however produced, recorded, or reproduced, which is in the possession, custody, or control of, or is obtainable by the party to whom this discovery requcst is being made, including but not limited to any and all collullunications, records, liles, (ellers, and correspondence, minutes of meetings or discussions, notes, brochures, reports, telegrams, records, drawings, plans, specifications, blueprints, graphs, charts, photographs, slides, motion pictures, photograph records, recordings, invoices, bills of lading, purehase orders, transcriptions, transcripts, contracts, agreements, aecounting records, microfilms, microfiche, vidcolapes, advertisements, tcchnical data, test records, computer printouts, delivery tickets, delivery receipts, other delivery information, sales records, bills, accounting summaries, bulletins, opinions, published articles, investigations, summaries, statements, literature, books, promotional aides, releases, magazines, all information and data electronically or magnetically recorded or stored in computers or on tape or cards, any other handwritten or graphic materials of any kind of description and any preliminary drafts or copies of any of the foregoing. 2. "Identity or Identify", when used in connection with the identification of any person, shall mean a statement which includes the full name of the person, and the present or last known of the following: occupation, business address by strccl, city, and state, business mailing address, business telephone number, residence address by street, city, and state, residence mailing address, residence telephone number, and employer. 3. "Identity" or "Identify", when used in connection with the identification ofa document shall mean a statement which includes the following information with respect to cach such document: (a) The date appearing on the document and, if no date 3PPcars thereon, the answer shall so state and shall give the date or approximate date the document was prepared; (b) Any liIe number, code number, title, or label, and any other identifying number appearing on the document and the specific page number or numbers pertinent to the question or Interrogatory propounded; (c) The identity, as defined in Paragraph (2) above, of thc person or persons whose knowledge, information, or observations are set forth in the document; (d) l11C identity, as defined in "aragraph (2) above, of the person or persons that signed thc document or, if it was not sil,'TIed, the answer stull so state and stull identify, as defined in Paragraph (2) ahovc, the person or IX'fsons who prepan:d it; (e) The i<kntilY, M ddill<xl in I'aragraph (2) above, of the pel'son or persons to whom such ,I<l<:umcnt was addressed and the identity of each 1l<"t$Ol1 other th311 the addressee to whom such ~2> I. Has Plaintiff ever filed a claim for workers' compensation in Pennsylvania, or any other state? If so, please provide the following infornlation: (a) Court in which the action was filed, with names of parties and identifying docket number; (b) Provide the nature of Plaintifl's claims in any such action; (c) Provide the outcome of the claim; (d) Please attach copies of any court documents filed, deposition transcripts, hearing transcripts, or any other records known to Plaintiff. -4. AUTHORIZATION TO WHOM IT MAY CONCERN: The undersigned authorizes and directsMlchael Steelmaa, M.D. of Family Medleal Center, to furnish the law firm of Post & Schell, P.C., or its authorized representative, at any time, upon its request, with any and all information and records or copies of records relative to attendance, examination, or treatment rendered to the undersigned with further privilege or examination of such records. ALLAN W. MAOVER DATE: . EVAN BLACK AlEXANDER.J. PAlUTlS PAUL W. GREGO CHARLES f. McELWEE PERRY D. MERLO .JOHN C. DEVINE COUN K. LYDON .JOHN R. KANTNER .JOSEPH f. MURPHY MICHAEL E. McGRAlli POST IS. SCHELL, P.C. ATTORNEYS AT LA.w (71717.11'IQ70 r-cSIMlLE: .7171 7,:JI'IQe5 I BOO.JOtift r. tttHHa7r 8t.VD. PHtl.AO[lPHtA, PAt. ,gI03-7<48O IZ I &1 !U!I 7-1 000 F'A1l,: 121$1 e.7" ...... 701 ~ HORSE ROAD \lOORHtts, N..I 08043 '009Ie27"~ rAX; (OOQit eI7.....11 eOI HN4ILlOH """-U. AI..UH1'QIIN.PA 18101 leI0l"~30103 FAX: 18101.33'3071 .137 H. fIRIMCE anwar LAHCAS1'Dt. fIA . 780.1 .717110'''532 'AX: .7171 .l:VI.leoG &01 w....s._fCm,1H atRtET RtADeNO, "" IN03 -"01 ,7&-ue. "AX: .IOf :171-1283 240 GRANDVIEW AVENUE CAMP HILL. PA I 70 I I ~ August I 0, 1998 VtcN A. 80uN0c:" (71 n 012-e032 --- . _.. lIo...._COOI n.J: NO. e04'18382.1 Allan W. Maciver 149 York Road South Dillsburg,PA 17019 RE: MacIver v. Bonsall, M.D. Dear Mr. MacIver: On or about July 9, 1998, we advised you that we are interested in securing copies of)'OUr records from Dr. Michael Steelman of Family Medicine Center in York. We enclosed an Authorization for Release of Records, and asked that you sign this form and return it to our office. To date, we have not received the signed Authorization back from you. Therefore, we are enclosing another form. We would appreciate it if you would return the Authorization to us within the next ten days. If we do not hear from you within ten days, we may be forced to seek the Court's assistance in this matter. If you wish to -tiSCIIS! this matter fW1her, please feel ftce to contact our office. Your cooperation is ~atcd. v cry truly )'OlIn, Vicki A. Dol. ParaIep1 VAB/ Enclosure r....-~.._-. ~ ,~'~" :!If, ' } I : .C . - -- -... ~.. '" ~:.., ....~ . .,--. i ~...~ POST & SCHELL, P.C. BY: EVAN BLACK, ESQUIRE 1.0. # 17884 240 GRANDVIEW A VENUE CAMP HILL, PA 1701 I (717) 731-1970 ATTORNEYS FOR DEFENDANT DR. ERIC K. BONSALL ALLAN W. MACIVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff, v. NO. 96-5473 CIVIL DR. ERIC K. BONSALL, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED RIlI.I<: TO SHOW C1\llSE.. AND NOW this ,:) 3 ~ay of l!kre{.... - , 1998, a Rule is hereby issued to the Plaintiff to show cause why he should not respond to Defendant's Second Motion to Compel. Rule Returnable .;)U days from the dale of service of this Order. BY THE COURT, /,j/ --IG_ a.. ~.,~ . \...,~ '.._1d ". . ,~ M. If'.. en ,..~!. "I c' \>t...'-' ,19 .'M" .\.' .l. '.::1 ....-.-.lM...o...l....l ..~...- n' pr.;tbunot.,., " !' ..:.fJ :"<'-. ' ", ,-- '.' .'. J. . . . NOV I 9 19 , ,. . . . POST & SCHELL, P.C. BY: EVAN BLACK, ESQUIRE 1.0. # 17884 240 GRANDVIEW A VENUE CAMPHILL,PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT DR. ERIC K. BONSALL ALLAN W. MACIVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff, v. NO. 96.5473 CIVIL DR. ERIC K. BONSALL, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMM1>ED ORDER AND NOW, this 020 -JJ.. day of -.::rt~.......lM.,-, , 1998, upon consideration of Defendant, Dr. Eric K. Bonsall's Second Motion to Compel: IT IS HEREBY ORDERED that Defendant's Motion is GRANTED. It is further ordered that Plaintiff shall provide full and complete responses to Defendant's Supplemental Interrogatories and provide Defendant with a fully executed Authorization for release of medical records from J I' !I II JI I! ~ Ji " I' ;! Michael Steel man, M.D. within ten (10) days of the date of this Order. BY TIlE COURT: -13 ( 114.......... {i.~ ,; Ii ~j -I J. POST & SCHELL, P.C. BY: EVAN BLACK, ESQUIRE 1.0. # 17884 240 GRANDVIEW A VENUE CAMP HILL, PA 1701 I (717) 731-1970 ATTORNEYS FOR DEFENDANT DR. ERIC K. BONSALL ALLAN W. MACIVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 96-5473 CIVIL DR. ERIC K. BONSALL, CIVIL ACTION - LA W Defendant. JURY TRIAL DEMANDED ORDER AND NOW, this /.1' day of rGCn.,., Defendant Bonsall's Motion for Sanctions; , 1998, upon consideration of IT IS HEREBY ORDERED that Defendanl's Motion is GRANTED. Plaintiff is hereby precluded from introducing any expert testimony at trial whatsoever. Plaintiff is also precluded from introducing testimony reguding injuries sustained from his alleged heart attack or claims concerning a loss of workmen's compensation benefits, employment benefits or social security benefits. Said sanclions are a result of Plaintiff's failure to provide responses to Defendant's Supplemental Inlerrogatorio and a release for medical records of Michael Steelman, M_D 8Y TIlE COURT: I ~'/l. d _./~-- -- .q'-- ----.-.---..----------- / J POST & SCHELL, P.C. BY: EVAN BLACK, ESQUIRE J.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 1701 I (717) 731-1970 ATTORNEYS FOR DEFENDANT DR. ERIC K. BONSALL ALLAN W. MACIVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5473 CIVIL Plainti ff, v. DR. ERIC K. BONSALL, CIVIL ACTION - LAW I [I Ii II Defendant. JURY TRIAL DEMANDED DEFENDANT'S BRIEF IN SUPPORT OF MOTION FOR SANCTIONS FOR PLAINTIFF'S FAILURE TO COMPI.Y WITH THE ORDF.R OF NOVEMBER 20. 1998 I. BACKGROUND: I II II 1l Ii , iI 1i 1\ On October 20, 1998. Defendant Bonsall filed a Motion to Compel discovery responses to his Supplemental Interrogatories and to provide Defendant with an authorization for release of medical records from PlaintilI's family physician. Michael Steelman, M.D. See Exhibit "A". I Defendant's Supplemental Interrogatories sought information concerning any worker's I !! " compensation claims. details concerning an alleged heart attack, current employment information ~ i and information regarding any social security disability benefits received by Plaintiff. !i On October 23. 1998, a Rule to Show Cause was issued by this Honorable Court See H Ii Ellhibit "B". Said Rule was served on Plaintiff on Of about October 26. 1998. This Rule gll\'e Ii I. ~l .- . !! I All Exhibits aft alt<lCh.:d tu Ikfcndant Bonsall's M\ltioo for Sanctions. PlaintitTtwenty (20) days in which to show cause why Defendant's Motion should not be granted. See Exhibit "C". After Plaintiff failed to respond to the Rule to Show Cause, Defendant filed a Petition to Make Rule Absolute on November 18, 1998. See Exhibit "0". On November 20, 1998, this Honorable Court entered an Order directing PlaintitT to provide the requested responses and an authorization for release of medical records within ten (10) days or suffer sanctions upon further application to the Court. See Exhibit "E". By letter date November 24, 1998, a copy of said Order was sent to Plaintiff by Defendant. See Exhibit "F". More than ten (10) days have passed since entry of the November 20, 1998, Order, and I Ii Ii H II Ii I; Ii ;1 ., n Ii I H ;1 PlaintitT has failed to respond to the outstanding discovery request and has failed to provide Defendant with an authorization for release of medical records. II. ST ATF.l'ttF.NT OF QI1F.STlON INVOI.VF.D: A. SHOULD PLAINTIFF BE SANCTIONED FOR FAILURE TO RESPOND TO DEFENDANT'S OUTSTANDING DISCOVERY REQUEST AND FAILURE TO PROVIDE AN AUTHORIZATION FOR RELEASE OF MEDICAL RECORDS, IN VIOLATION OF THE COURT ORDER OF NOVEMBER 20, 19981 (Suggested Answer in the Affirmative.) i, !I 'I I, ,I ., III. ARGUl'ttF.NT: " , Pursuant to Pa. R.C-P. 4003_6, Defendant is entitled to secure copicsofPlaintilrs medkal records from his family physician "only upon \\ritten consent of thai party . . ." Since Plaintiff has ii F ; ~ j! d put his medical and p$)'thiatril: (lmditioo into quntioo, Defendant belic,'cs that he is entitled to !i ~ \1 I reviC" ofPlainrilrs m:ords from his family ph)'sician.. Michael Steelman. M.D. -2.. Furthermore, pursuant to Pa. R.C.P. 4019, this Court may impose sanctions on Plaintiff for failing to comply with the Order of Novcmber 20, 1998, including entering a judgment of non pros and/or precluding Plaintiff from introducing expert testimony at the time of trial. Rrophy v Rri7uela, 358 Pa. Super. 400, 517 A.2d 1293 (1986) (preclusion of expert testimony in medical malpractice case was within discretion of trial court as sanction for violation of discovery order); Dion v Graduate Ho~pilal of the University of Penn~)'lvania. 360 Pa. Super. 4 I 6, 520 A.2d 876 il II I' ,I I I I, 'I I: i Ii Ii H .- il jj II , '1 Ii i' J Ii II " Ii , II (1987) (order precluding expert testimony was appropriate discovery sanction). Defendant has been and continues to be prejudiced by Plaintiffs failure to answer Supplemental Interrogatories and allowing Defendant to secure copies of his medical records, as follows: (a) the incident, which is the subject of this suit. occurred in October of 1992, over six (6) years ago; (b) this suit has been pending since November of 1996; (c) Defendant has been denied an opportunity to prepare a defense to Plaintilrs claims of malpractice; and (d) Defendant has been foreed to beat the stigma of an unresolved law suit and incur continuous IegaI expenses as a resu1t ofPlaintilrs procrastination in responding to Defendant's .- j,' H , i ~ jj !i discovery requests and failure to provide an authorization for release of medical records from his family physician. ~ j .J. CF.RTIFlCATE OF SF.RVICF. I, Vicki A. Bolinger, an employee of the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a lrue and correct copy of the foregoing document upon the following person at the following address indicated below by sending same in the United States mail, first-class, postage prepaid: Allan W. Maciver 149 York Road South DiIlsburg. PA 17019 I I I II Date: '''' /, /9 j ~ 10.'('),' (] ~l(j~t VICKI A. BOLINGER 'i II I Ii II !l ,. ,I " n ~ !. .1 ;l (, ., I! .. ~; ;~ ~ ( I! :; . POST & SCHELL, P.C. BY: EVAN BLACK, ESQUIRE 1.0. # 17884 240 GRANDVIEW A VENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT DR. ERIC K. BONSALL ALLAN W. MACIVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff, v. NO. 96.5473 CIVIL DR. ERIC K. BONSALL, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED II I II I. iI 11 i' 11 II I I , I I I II II ,I " d .1 I; Ii !i 1; ,- Ii ,. 1; ORDER AND NOW, this day of , 1999, upon consideration of the Motion for Summary Judgment of Defendant Eric K. Bonsall, M.D., it is HEREBY ORDERED that said Motion is GRANTED. It is FURTHER ORDERED that Summary Judgment be entered in favor of Defendant Bonsall on all claims, with the Prothonotary directed to make the appropriate docket entries. By the Court: J. 17. Counts I through III of the Amended Complaint are claims for breach of fiduciary duty to not disclose confidential medicaL'psychiatric information. Count IV is a claim or breach of contract. Count V is a claim for tortious interference with employment relations. IS. In order to prove any and all of the above claims, Plaintiff must prove the existence of a statutory or fiduciary duty to not disclose confidential medical/psychiatric information. Due to the complex nature of this issue, Plaintiff will be required to present expert testimony in support. 19. In order to prove any and all of the above claims, Plaintiff must prove that any such statutory or tiduciary duty was breached and that such breach proximately caused the damages. In support of the allegations set forth in the Amended Complaint, Plaintiffmust present evidence that he lacked capacity to grant authorization due to mental illness, and that the information disclosed by Dr. Bonsall was different than as authorized. 20. Due to the complex nature of the issues, expert testimony will be required to prove that Plaintiff suffered from a mental illness which affected his capacity to authorize release of information. 2 I. Due 10 the complex nature of the issues, expert testimony will also be required to pro,'e that Defendant Dr. Bonsall disclosed psychiatric information of a different nature than that which was authorized. 22. By COUJt Order or February 12, 1998 (Exhibit -0-), Plaintiff is precluded from introducing upert testimony at trial, -+ A ,.. c. C !F .., . . ~- ~ 0<_ lL'f' :...) -". ~;t.. " '..~.: fl. ~ ...... ..:~ \;~ . - ... ,'~ .:.;:; I, - ~' i ""\ ';., :::' (I) ~f'" - --,lr ft. . ~ '":2 F- ",tE ". ~ ~ (J ~ Q ~ ~ >. .. ~:f f" N pjl.j ,.-. - ...._, . -- :'>ii( ;5~ <0.. ';~ ' ,- -'I C. ,., ~I l.' - _1 u:t ~ ,. 9 It_ eft 0 0\ ALLAN W. MACIVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-5473 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED vs. DR. ERIC K. BONSALL, Defendant IN RE: MOTION FOR SUMMARY Jt,JDOMENT BEFORE BAYLEY AND HESS, Jl. ORDER AND NOW, this %.0'" day of August, 1999, the plaintiff having previously been precluded by court order from introducing expert testimony in support of his claim, the motion of the defendant, Eric K. Bonsall. M.D., for summary judgment is GRANTED. BY TIlE COURT, Allan W. Maciver 149 YorIt Road South DiIIsbIq, P A 17019 John R. Kantner, Esquire E\'IIl Black. Esquire For the Defendant _ C'....... ......-.l..c.. 'if';~,*I(H. -II ..& ,. (") \.:) t;;; ,"-, fBf~~ ~ t~ .! r:"':~. ~ .....~ r'''',: :-:'z{ ::2 ..... ,~., : .;) ". 'I" l' ~ ;t, ... ~ 'r;.:;:f ~. - .... - ~:-j t" ~ :rlm -, '74 ';,' :~.I.,