HomeMy WebLinkAbout01-06261
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NO~ 2001
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CARON FOUNDATION
v.
Docket No. 0/- t.2 (./ Cu::..t f t-
THE HONORABLE mOMAS A. PLACEY,
DISTRICT mSTICE
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after
this complaint and notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your defenses or objections to
the claims set forth against you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose your money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166 or (800) 990-9108
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CARON FOUNDATION
v.
Docket No.
THE HONORABLE THOMAS A. PLACEY,
DISTRICT JUSTICE
ORDER
AND NOW, this
day of November, 2001, upon consideration of the Plaintiffs
Petition for a Special and Preliminary Injunction, it is hereby ORDERED that the Petition is
GRANTED. The Defendant is hereby specially enjoined from enforcing the subpoenas, issued
sua sponte to the Caron Foundation, in the matter In Re: Commonwealth of Pennsylvania v.
Richard Craig Shover, Docket No. CR-00OO287-0l, until this Court has issued its final order on
the Plaintiffs Complaint for Declaratory Relief.
A hearing on the continuation of this special injunction will be held at the Cumberland
County Court of Common Pleas, in courtroom _, on November --' 2001, at _ _ m.
, J.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CARON FOUNDATION
v.
Docket No. 01. (.,J.(./ ~ It..-
THE HONORABLE THOMAS A. PLACEY,
DISTRICT mSTICE
COMPLAINT FORDECLARATORY RELIEF
AND PETITION FOR SPECIAL AND PRELIMINARY INJUNCTION
AND NOW, comes Caron Foundation by its counsel, Wolf, Block, Schorr and Solis-
Cohen LLP, who respectfully files this Complaint for Declaratory Relief, pursuant to 42 Pa. C.S.
~~ 7531 et sea., and Petition for Special and Preliminary Injunction, pursuant to Pa. R.C.P. No.
1531. Caron Foundation requests that this Honorable Court review the issuance of subpoenas
directed to Caron Foundation in the matter In Re: Commonwealth of Pennsylvania v. Richard
Craig Shover, Docket No. CR-0000287-01, and issue a declaration that, absent patient consent or
appropriate order by a court of competent jurisdiction, the Caron Foundation may neither release
patient drug and alcohol records nor confirm or deny the fact of treatment for a current or former
drug and alcohol patient. Further, because Caron Foundation is prohibited by state and federal
law, under threat of penalty, from confirming or releasing the information sought by the
subpoenas, Caron Foundation seeks a special and preliminary injunction to enjoin the Defendant
from enforcing the subpoenas or sanctioning Caron Foundation for non-compliance or contempt.
In support ofthis Complaint, Petitioner represents the following:
1. Petitioner is Caron Foundation, an inpatient, non-hospital drug free facility
licensed by the Pennsylvania Department of Health, Office of Drug and Alcohol Programs.
Caron Foundation has a principal place of business located at Galen Hall Road, Box A,
Wemersville, PA 19565.
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2. The Defendant is the Honorable District Justice Thomas A. Placey, whose District
Justice Office is located at 104 S. Sporting Hill Road, Mechanicsburg, P A 17050.
3. On or about October 11, 2001, in the matter In Re: Commonwealth of
Pennsylvania v. Richard Craig Shover; Docket No. CR-0000287-01, District Justice Thomas A.
Placey, sua sponte issued a subpoena to Greg Kessler/Caron Foundation directing Mr. Kessler's
attendance at a bail hearing and a preliminary hearing on November 2, 2001. A copy of said
subpoena is attached hereto and incorporated by reference herein as Exhibit A.
4. On or about October 12, 2001, in the above-captioned matter, District Justice
Thomas A. Placey sua sponte issued a subpoena duces tecum to Caron Foundation Records
Custodian directing the production of "records of Richard Craig Shover, including but not
limited to records of release, recommendation of discharge for inspection by the court" at a bail
hearing and preliminary hearing scheduled for October 16, 2001, which proceedings were
continued to November 2, 2001. A copy of said subpoena and continuance are attached hereto
and incorporated by reference herein as Exhibit B.
5. Each of the subpoenas at issue in this matter recite the following "WARNING:
Failure to comply with this subpoena may result in a finding of CRIMINAL CONTEMPT
pursuant to 42 Pa.C.S. ~ 4137. This offense is punishable by a fine and/or imprisonment."
6. By letter to District Justice Placey dated October 22,2001, Caron Foundation
requested that the subpoenas described in paragraphs 2 and 3 be rescinded because applicable
provisions of federal and state law and regulation governing confidentiality of patient records
prohibit drug and alcohol programs such as Caron Foundation and its personnel from releasing
records and confidential patient information, absent proper consent from the patient or an order
issued by a Court of Common Pleas after hearing in accordance with Pennsylvania law. A copy
DSll:29661,l/CAR126-095198
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of said letter is attached hereto as Exhibit C and incorporated by reference as if fully set forth
herein.
7. The subpoenas identified herein relate to a Richard Craig Shover who has not
consented to the release of records or information by Caron Foundation.
8. By Order of District Justice Placey dated October 26, 2001, Caron Foundation's
letter of October 22, 2001 was treated as a Motion to Quash the subpoenas issued to Caron
Foundation and Greg Kessler and denied. A copy of said Order is attached as Exhibit D.
9. Caron Foundation is subject to the requirements of the Pennsylvania Drug and
Alcohol Abuse Control Act which provides, in relevant part that:
(b) All patient records (including all records relating to any
commitment proceeding) prepared or obtained pursuant to this act,
and all information contained therein, shall remain confidential,
and may be disclosed only with the patient's consent and only (i)
to medical personnel exclusively for purposes of diagnosis and
treatment of the patient or (ii) to government or other officials
exclusively for the purpose of obtaiuing benefits due the patient as
a result of his drug or alcohol abuse or drug or alcohol dependence
except that in emergency medical situations where the patient's life
is in immediate jeopardy, patient records may be released without
the patient's consent to proper medical authorities solely for the
purpose of providing medical treatment to the patient. Disclosure
may be made for nurposes unrelated to such treatment or benefits
only unon an order of a court of common nleas after annlication
showing good cause therefor. In determining whether there is
good cause for disclosure, the court shall weigh the need for the
information sought to be disclosed against the possible harm of
disclosure to the person to whom such information pertains, the
physician-patient relationship, and to the treatment services, and
may condition disclosure of the information upon any appropriate
safeguards. No such records or information mav be used to initiate
or substantiate criminal charges against a natient under anv
circumstances.
71 P.S. S 1690.108(b). (Emphasis added).
10. Caron Foundation is subject to federal law and regulations governing
confidentiality of drug abuse patient records which also prohibit the disclosure of records in
DSH:29667.1/CAR126-095198
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response to a subpoena unless a court of competent jurisdiction enters an authorizing order. See
42 V.S.C. 99 290dd-3 and 42 C.F.R. Ch. I 992.1 et~.
II. Any person who violates the confidentiality provisions under applicable federal
law is subject to criminal penalties for violations. See 42 C.F.R. Ch. I, Part 2 at 9 2.4.
12. Absent a declaration of Caron Foundation's duties at law to protect the
confidentiality of patient records, Caron Foundation is at risk of sanction in the instant matter for
refusal to comply with the subject subpoenas. Indeed, absent relief by this Court, Caron
Foundation is faced with the Hobson's choice of violating applicable state and federal
confidentiality laws or risking criminal contempt.
13. Based on the Pennsylvania Drug and Alcohol Abuse Control Act and the cited
federal law and regulations Caron Foundation's right to relief is clear.
14. Caron Foundation is facing the irreparable harm of being held in criminal
contempt and sanctioned by the Defendant for non-compliance with subpoenas, issued sua
sponte, with which it is prohibited by law from complying. The irreparable harm is imminent as
the date contained in the subpoenas for compliance therewith is November 2, 2001.
15. The violation of the Pennsylvania Drug and Alcohol Abuse Control Act, as well
as federal law, also constitutes per se irreparable harm. Commonwealth v. Coward, 414 A.2d 91,
98 (pa. 1980); Pennsylvania Public Utility Commission v. Israel, 52 A.2d 317, 321 (Pa. 1947).
16. Greater harm will befall the Plaintiff if injunctive relief is not granted as a lawful,
statutory means for obtaining the desired information exists. Further, this Court should preserve
the status quo by enjoining the Defendant's ability to enforce the subpoenas until the Court can
declare Caron Foundation's legal rights and responsibilities.
DSH:29667,lICAR126-095198
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17. Special and preliminary injunctive relief is in the public interest. The Legislature
has already declared the public interest by enacting the Pennsylvania Drug and Alcohol Abuse
Control Act.
18. As the date upon which the Plaintiff may be subject to irreparable harm is
November 2,2001, this Court should grant the Caron Foundation's request for a special, ex parte
injunction under Pa. R.C.P. No. 1531.
WHEREFORE, the Caron Foundation respectfully requests that this Court issue an order
declaring that absent consent by Richard Stover or an order of the Court of Common Pleas
authorizing disclosure of patient records, if any, pertaining to Richard Shover, Caron Foundation
may not properly comply with the subpoenas issued in this matter. Further, the Caron
Foundation requests that this Court grant a special and preliminary injunction, enjoining the
Defendant from sanctioning or holding the Plaintiff in criminal contempt for its non-compliance
with the subject subpoenas.
Respectfully submitted
BY: i
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les S. Henshell, Esquire
Mark S. Stewart, Esquire
WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP
212 Locust Street, Suite 300
Harrisburg, PA 17101
(717) 237-7160
Counsel for the Caron Foundation
Date: November 1, 2001
DSH:29667.I/CAR126.095198
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VERIFICATION
I, Jules S. Henshell, state that my firm, Wolf, Block, Schorr and Solis-Cohen LLP is
counsel to Caron Foundation with respect to the foregoing Complaint and that I am authorized to
and do make this Verification for Caron Foundation; and that the facts set forth above are true
and correct to the best of my knowledge, information, and belief and I expect the said Caron
Foundation to be able to prove the same at any hearing hereof. This statement is made subject to
the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
GO:;; kkc~
J les S. Henshell, Esquire
Dated: November 2,2001
DSH:29667.lICAR126-095198
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09-3-0"
SUBPOENA
CAIMINAUSUMMARV CASE
CO,",MONWEAL TH OF
p6NNSYlVANIA
COM"'ONWEAL iH OF PENNSYLVANIA
COUNTY OF: cmm""T 'IJW
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CEFfNOANT: fW<lC .... AOG,"~S!)
rQHOVU, J.ICRARll CJl1IO
15 N. 2'~ 8~
CAMP RILL. PA 17011
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'OO.~eINo: ca.OOOO:a87-01
Oate Filed, 9/04/01
DTN: H 311709.5
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'Ia'JtlB88 POR COflMONInU.L'l' :
GIlJIio IlJIllnJDl/CAaOll 7CQlIlDATIOII
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\, Vou are ordered by the cOunto c:ame to:
EVent llAIL lUWl.IlIG AlI1l
l'Jl.ELJ:lCX1iA&Y ll1tA1ING
TIme;
11 02 01
10,30 A!I
COIlPLA1JI'1' NO.
Pla..:DI nICT COCRT ..1
104 S. SPO.TINa BILL RD.
KBCBAHICSll\1RG. 1''\ 17050
Date:
10 teslily on behalf 01 DIIIft.ICT JUSTICI
ICoCtftI'lQ_'""II~I,_",lCllu'I)
. in the 3bove case. and 10 'amain Unlil .XOU'80. If you ora dlJlll~
And require ..olollnce. please conlll~llhl Magllllrll' Dlelrlcl o"icc It the addraaa Ibo"',
2 And bring with you th. following: (complete if applicable)
COMPLETE THE FDlLOWINClIF APPLICABLE:
Thi~ subpoena t8 issued upOn appli~lion 01:
IAIIOlU1\
Attor~ey's address ond phone numblr:
1\ C"X-*" 01. Dale _.' District JustiCe
WARNING; Fail"" to comply wilh I subpoena may r. In a fi ing of CRIMINAL CONTEt.lPT pu(suantlO
42 Pa.C.S.. 4137. Tnis oll.nse is punishable by a line andlOf im rlsonm.nt.
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My commission .xplres IIrst Monday of January, 200..
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SUBPOENA
CRIMINAUSUMMARY CAse
COMMONWEALTH Or
PE;NNSYLVANIA
COM;,IClNWf'AI TH O~ PEI\N5YL VANIA
COUNTY OF: cmmf:fJtLANDI
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THOMAS ~. PLAC~Y
....... 104 S. SPOkTING HILJ. RD.
MiCaANICRaURG,: PA
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rsIfOVB:R. lUL:ElARD CBAl.G
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THOMAS A. E'LAC!.'Y
104 s. SPOR'ID1G lTLL,:o lUl.
KECRAWICSBORC. PA laoso
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__.___ ,____-L... ,,_..._,!n 1M .bovG case. and to re;,'~i~ uetil e.(cJsad, If you ilr. di,.bled
ond r""llllr. .ulslanet, ple~e cont.tt tht Mag;~I.rj.1 Di5tricl office at the .dd'e.s abnv.,
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W;RNI~~~~ to cor.;~~:~r.11'l~.. ~bl;lOQl"'_ f~ay ra$ull in GI l' jn~ cf CRiMiNAL CONTEMPT 9\ I$u~rl to
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COMMONWEALTH OF PENNSYLVAI\IA
COUNTY OF ctnmBRLAliID
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NOTICE OF CONTINUANCE
M:lg,DiI!. "l0'
09-3-04
COMMONWEALTH OF
PENNSYLVANIA
OolNMlI 10401'
THOKAS A. PI&ACBY
"'"." 104 S. SPORTING HILL RD.
MECHANICS BURG, PA
T"",""" (717.) 161-9230
17050
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Otrt""OAN r; NA",e ""., ..:Ir.r.C.~~
'sHOVER. RICHARD CRAIG
15 N. 24TH STREBT
CAMP HILL, PA 17011
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DockelNo,: i:R-00002B7-0,1! ." "
Dale Filed: 9/04/01 J i"
OTN: H 311709-5 i!f$.
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WITNESS FOR COlO!:ONWEALTH :
ClARON FOUNDATION-RECORDS COSTODIAN
GALEN HALL RD.
BOX A
WBRNBRSVILLB, pA 19565-0501
Please note Ihallhe hearing in lhe abcve captioned case, which was scr.eduled to occ~r on:. 10 116/01
has beso continued 10:
~, :~ii/02/01
~"_ 10:30 All
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Place:DI$TRiC'1' COtJll.'!' 09.3 - 04
104 s. SPORTING HILL RD.
MECHANICSBURG, PA 17050
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II you 'ave any quesllons, please comact :hls 011 Ice IInlnedialely
Conlinuance requested by:
FREED. ESQ., DAVE
If you are disabled and require assistance, please contect Ihe Magisterial Dislrf~I' o.tflce al the address above.
10/11/01 DO', 6 tl ~
My commission expires (51 Monday of January, 2004, /
._' Dlslrict Jusllce
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October 22, 2001
Honorable Thomas A. Placey
104 S. Sporllng Hill Road
M~ohanicsburg, PA 17050
Re: Commonwealth vs Shover
Docket No. CR-0000287-0i
Pear Justice Plaoey'
I am in rece:pt of your subpoenas directed to the Reoords 'Custodian and Greg Kessler
at the Caron Foundation. The Caron Foundation is licensed by the Pennsylvania
Department of Health - Office of Drug and Alcohol Programs as an Inpatient ~on-
hospital drug free facility As such, it is subject to the provisions of lederal confidentiality
laws and regulations (42 USC ~290dd-2, 4:! C.F,R. part 2) and the provisions of the
Pennsylvania OruII ard Alcohol Abuse Control Act (71 PS 91690 "Iseq.), These
statute6 ilnd regu/atiols prohibit this progr,am and its personnel from complying witl1 your
request or even aCknowledging whether or not Mr, Shaver IS or ever was a patient in our
program unless he. executes a prope. consenl form or an order is issued arler a hearing
by the Cumbenand County Court of Common Pleas in accordance with the
Pennsylvania Act. Since Caron Founclalion has not received a proper wrltte~ consent
form and there has not been a good cause /',earing In the Court of Common Pleas ancl
an order allowing disclosure, we are compelled by federal and state law not to release
any Information.
This decisions was reached alter e thorough review of the stale and federal laws and
regulations goveming the confidentiality of alcohol and drug abuse patient records and is
not intended in any way to impede jus~ice. I wou:d hope 1hat based on tl1e above
information you will resci~d the subpoenas that you have issued,
Please contact me rt you have any further que6tions
Very tru:y yours,
VillUJ
David A. Murdoch
Executive Vice President
Corporate Counsel
PA Su_reme Court 10 #21963
DAM:I<.J:"
(",C' Medical Fleccrds
Dave Fre!:d. ESQ.
William J Fullen. Esq
,
v.
~~.~Dia
Commonwealth
RicharO C. Shover,
Defend Cl nt
DISTRICT COURT 09-3-04
CR-0287-0l
AND NOW, this 26th day of October 2001, upon receipt of the attached
letter that will be treated as a Motion to Quash the subpoenas issued to The
Caron Foundation and Greg Kessler. The Motion :s DENIED. The Bail
Hearing and the Answer to the Rule to Show Cause shall remain as
previously scheduled.
By the
. Placey
D.J~
cc: l't Asst.D.A. David Freed
William Fulton, Esq.
David Murdoch, Esq.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NOVW-
CARON FOUNDATION
v.
Docket No. 0/_ (,.li..t ~ I L->
THE HONORABLE THOMAS A. PLACEY,
DISTRICT JUSTICE
ORDER
AND NOW, this
day of November, 2001, upon consideration Of the Plaintiffs
Petition for a Special and Preliminary Injunction, it is hereby ORDERED that the Petition is
GRANTED. The Defendant is hereby specially enjoined from enforcing the subpoenas, issued
sua sponte to the Caron Foundation, in the matter In Re: Commonwealth of Pennsylvania v.
Richard Craig Shover, Docket No. CR-0000287-01, until this Court has issued it!; final order on
the Plaintiffs Complaint for Declaratory Relief.
A hearing on the continuation of this special injunction will be held at the Cumberland
County Court of Common Pleas, in courtroom _' on November -' 2001, at _ _m.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NOV 0 2 2001
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CARON FOUNDATION
v.
Docket No. 01- {,:L(,I ~ Tb->-
THE HONORABLE THOMAS A. PLACEY,
DISTRICT mSTICE
ORDER
AND NOW, this
day of November, 2001, upon consideration Of the Plaintiff's
Petition for a Special and Preliminary Injunction, it is hereby ORDERED that the Petition is
GRANTED. The Defendant is hereby specially enjoined from enforcing the subpoenas, issued
sua sponte to the Caron Foundation, in the matter In Re: Commonwealth of Pennsylvania v.
Richard Craig Shover, Docket No. CR-0000287-0l, until this Court has issued its final order on
the Plaintiff's Complaint for Declaratory Relief.
A hearing on the continuation of this special injunction will be held at the Cumberland
County Court of Common Pleas, in courtroom -' on November -,2001, at m.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CARON FOUNDATION
v.
DocketNo. 0/- t,;U. / ~ ~
THE HONORABLE THOMAS A. PLACEY,
DISTRlCT JUSTICE
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after
this complaint and notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your defenses or objections to
the claims set forth against you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be entered against you by,the court
without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose your money or property
or other rights important to you.
YOU SHOULD TAKE Tms PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or(800) 990-9108
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CARON FOUNDATION
v.
Docket No.
THE HONORABLE THOMAS A. PLACEY,
DISTRICT mSTICE
ORDER
AND NOW, this
day of November, 2001, upon consideration of the Plaintiffs
Petition for a Special and Preliminary Injunction, it is hereby ORDERED that the Petition is
GRANTED. The Defendant is hereby specially enjoined from enforcing the subpoenas, issued
sua sponte to the Caron Foundation, in the matter In Re: Commonwealth of Pennsylvania v.
Richard Craig Shover, Docket No. CR-0000287-01, until this Court has issued its final order on
the Plaintiff's Complaint for Declaratory Relief.
A hearing on the continuation of this special injunction will be held at the Cumberland
County Court of Common Pleas, in courtroom -' on November _,2001, at _ _m.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CARON FOUNDATION
v.
Docket No.
THE HONORABLE THOMAS A. PLACEY,
DISTRICT mSTICE
COMPLAINT FOR DECLARATORY RELIEF
AND PETITION FOR SPECIAL AND PRELIMINARY INJUNCTION
AND NOW, comes Caron Foundation by its counsel, Wolf, Block, Schorr and Solis-
Cohen LLP, who respectfully files this Complaint for Declaratory Relief, pursuant to 42 Pa. C.S.
SS 7531 et sea., and Petition for Special and Preliminary Injunction, pursuant to Pa. R.C.P. No.
1531. Caron Foundation requests that this Honorable Court review the issuance of subpoenas
directed to Caron Foundation in the matter In Re: Commonwealth of Pennsylvania v. Richard
Craig Shover, Docket No. CR-0000287-01, and issue a declaration that, absent patient consent or
appropriate order by a court of competent jurisdiction, the Caron Foundation may neither release
patient drug and alcohol records nor confirm or deny the fact of treatment for a current or former
drug and alcohol patient. Further, because Caron Foundation is prohibited by state and federal
law, under threat of penalty, from confirming or releasing the information sought by the
subpoenas, Caron Foundation seeks a special and preliminary injunction to enjoin the Defendant
from enforcing the subpoenas or sanctioning Caron Foundation for non-compliance or contempt.
In support of this Complaint, Petitioner represents the following:
I. Petitioner is Caron Foundation, an inpatient, non-hospital drug free facility
licensed by the Pennsylvania Department of Health, Office of Drug and Alcohol Programs.
Caron Foundation has a principal place of business located at Galen Hall Road, Box A,
WernersviIle, PA 19565.
DSH:29667.lICAR126-095198
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2. The Defendant is the Honorable District Justice Thomas A. Placey, whose District
Justice Office is located at 104 S. Sporting Hill Road, Mechanicsburg, PA 17050.
3. . On or about October 11, 2001, in the matter In Re: Commonwealth of
Pennsylvania v. Richard Craig Shover; Docket No. CR-0000287-01, District Justice Thomas A.
Placey, sua sponte issued a subpoena to Greg Kessler/Caron Foundation directing Mr. Kessler's
attendance at a bail hearing and a preliminary hearing on November 2, 2001. A copy of said
subpoena is attached hereto and incorporated by reference herein as Exhibit A.
4. On or about October 12, 2001, in the above-captioned matter, District Justice
Thomas A. Placey sua sponte issued a subpoena duces tecum to Caron Foundation Records
Custodian directing the production of ' 'records of Richard Craig Shover, including but not
limited to records of release, recommendation of discharge for inspection by the court" at a bail
hearing and preliminary hearing scheduled for October 16, 2001, which proceedings were
continued to November 2, 2001. A copy of said subpoena and continuance are attached hereto
and incorporated by reference herein as Exhibit B.
5. Each of the subpoenas at issue in this matter recite the following "W ARNJNG:
Failure to comply with this subpoena may result in a finding of CRIMINAL CONTEMPT
pursuant to 42 Pa.C.S. 94137. This offense is punishable by a fine and/or imprisonment."
6. By letter to District Justice Placey dated October 22, 2001, Caron Foundation
requested that the subpoenas described in paragraphs 2 and 3 be rescinded because applicable
provisions of federal and state law and regulation governing confidentiality of patient records
prohibit drug and alcohol programs such as Caron Foundation and its personnel from releasing
records and confidential patient infonnation, absent proper consent from the patient or an order
issued by a Court of Common Pleas after hearing in accordance with Pennsylvania law. A copy
D8H:29667.lICAR126-095198
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of said letter is attached hereto as Exhibit C and incorporated by reference as if fully set forth
herein.
7. . The subpoenas identified herein relate to a Richard Craig Shover who has not
consented to the release of records or information by Caron Foundation.
8. By Order of District Justice Placey dated October 26,2001, Caron Foundation's
letter of October 22, 2001 was treated as a Motion to Quash the subpoenas issued to Caron
Foundation and Greg Kessler and denied. A copy of said Order is attached as Exhibit D.
9. Caron Foundation is subject to the requirements of the Pennsylvania Drug and
Alcohol Abuse Control Act which provides, in relevant part that:
(b) All patient records (including all records relating to any
commitment proceeding) prepared or obtained pursuant to this act,
and all information contained therein, shall remain confidential,
and may be disclosed only with the patient's consent and only (i)
to medical personnel exclUsively for pUlposes of diagnosis and
treatment of the patient or (ii) to government or other officials
exclnsively for the pUlpose of obtaining benefits due the patient as
a result of his drug or alcohol abuse or drug or alcohol dependence
except that in emergency medical situations where the patient's life
is in immediate jeopardy, patient records may be released without
the patient's consent to proper medical authorities solely for the
pUlpose of providing medical treatment to the patient. Disclosure
may be made for ourooses unrelated to such treatment or benefits
only uoon an order of a court of common oleas after aoolication
showing good cause therefor. In determining whether there is
good cause for disclosure, the court shall weigh the need for the
information sought to be disclosed against the possible harm of
disclosure to the person to whom such information pertains, the
physician-patient relationship, and to the treatment services, and
may condition disclosure of the information upon any appropriate
safeguards. No such records or information mav be used to initiate
or substantiate criminal charges against a oatient under anv
circumstances.
71 P.S. ~ l690.108(b). (Emphasis added).
10. Caron Foundation is subject to federal law and regulations governing
confidentiality of drug abuse patient records which also prohibit the disclosure of records in
DSH:29667.lICARI26-095198
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response to a subpoena unless a court of competent jurisdiction enters an authorizing order. See
42 D.S.C. SS 290dd-3 and 42 C.F.R. Ch. 1 SS 2.1 et~.
11. . Any person who violates the confidentiality provisions under applicable federal
law is subject to criminal penalties for violations. See 42 C.F.R. Ch. 1, Part 2 at S 2.4.
12. Absent a declaration of Caron Foundation's duties at law to protect the
confidentiality of patient records, Caron Foundation is at risk of sanction in the instant matter for
refusal to comply with the subject subpoenas. Indeed, absent relief by this Court, Caron
Foundation is faced with the Hobson's choice of violating applicable state and federal
confidentiality laws or risking criminal contempt.
13. Based on the Pennsylvania Drug and Alcohol Abuse Control Act and the cited
federal law and regulations Caron Foundation's right to relief is clear.
14. Caron Foundation is facing the irreparable harm of being held in criminal
contempt and sanctioned by the Defendant for non-compliance with subpoenas, issued sua
sponte, with which it is prohibited by law from complying. The irreparable harm is imminent as
the date contained in the subpoenas for compliance therewith is November 2, 2001.
15. The violation of the Pennsylvania Drug and Alcohol Abuse Control Act, as well
as federal law, also constitutes per se irreparable harm. Commonwealth v. f:oward, 414 A.2d 91,
98 (Pa. 1980); Pennsylvania Public Utility Commission v. Israel, 52 A.2d 317, 321 (Pa. 1947).
16. Greater harm will befall the Plaintiff if injunctive reliefis not granted as a lawful,
statutory means for obtaining the desired infonnation exists. Further, this Court should preserve
the status quo by enjoining the Defendant's ability to enforce the subpoenas until the Court can
declare Caron Foundation's legal rights and responsibilities.
DSH:29667.1/CAR126-095198
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17. Special and preliminary injunctive relief is in the public interest. The Legislature
has already declared the public interest by enacting the Pennsylvania Drug and Alcohol Abuse
Control Act.
18. As the date upon which the Plaintiff may be subject to irreparable harm is
November 2,2001, this Court should grant the Caron Foundation's request for a special, ex parte
injunction under Pa. R.C.P. No. 1531.
WHEREFORE, the Caron Foundation respectfully requests that this Court issue an order
declaring that absent consent by Richard Stover or an order of the Court of Common Pleas
authorizing disclosure of patient records, if any, pertaining to Richard Shover, Caron Foundation
may not properly comply with the subpoenas issued in this matter. Further, the Caron
Foundation requests that this Court grant a special and preliminary injunction, enjoining the
Defendant from sanctioning or holding the Plaintiff in criminal contempt for its non-compliance
with the subject subpoenas.
Respectfully submitted
BY: >::!2L.(.J--.J. .~. tJe1L;;kc-<-'---_
I .JUles S. Henshell, Esquire
I ./ Mark S. Stewart, Esquire
WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP
212 Locust Street, Suite 300
Harrisburg, P A 171 01
(717) 237-7160
Counsel for the Caron Foundation
Date: November 1,2001
DSH:29667. IiCAR126-095198
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VERIFICATION
I, Jules S. HenshelI, state that my finn, Wolf, Block, Schorr and Solis-Cohen LLP is
counsel to Caron Foundation with respect to the foregoing Complaint and that I am authorized to
and do make this Verification for Caron Foundation; and that the facts set forth above are true
and correct to the best of my knowledge, information, and belief and I expect the said Caron
Foundation to be able to prove the same at any hearing hereof. This statement is made subject to
the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
{,L^_'J s- /k'CL;).f-L.C<...-.----
J les S. Henshell, Esquire
Dated: November 2, 2001
DSH:29667.1/CAR126-095198
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SUBPOENA
CRIMINAUSUMMARY CASE
COMMONWEALTH OF
peNNSYLVANIA
COMMONWEAL 1H OF PENNSYLVANIA
COUNTY OF: cmm""T.>,)W
t1INt/1'11 ..."
'nl0!U'll A. J'1.A.CBT
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laC8AJf1CSBORG. 1'.11
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17050
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CAMP HILL. PI. 17011
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Dale Filed. 9/04/01
on;: H 3:1.1.709.5
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w:I'11nl8ll POR ~ :
G~ ItBSIIJ.lDl/~ON FOl11lDATIOII
GALIDI ~ RD.
SOX. A
~8VILLB. 1'.11 19565.0501
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PJl.EI.:t1CtNAJ,Y B.KAIUNG COIIPI.AUI1' NO. ,
Date: 11/0VOl Plac.:DlBnIC'1' COOllT "lIg. J. 0"
lOt S. SPO.TING BILL RD.
Time: KBCBAIUCSBORG. fA 17050
10\30 Nt
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10 leslily on bena" 01 D%IIn.IC'f JOSTleS
1~l'lCl_"mllo.lll.:l.'" lC....'I1
. in Ihe lbove case. and 10 remain until aKCU!8d. If you e,e dlubl.cl
.nd require ...lo'lnco, pteaH conllelthe Maglll.rI., Dlstrlcl oHice .llh~ add,eea lbove. .
2 And bring w1lh you Ih. following: (complele if epplicable)
COMPLETE THE FOLLOWING IF APPLICABLE:
Th;; lubpoena III issued upon applicalion 01:
lMo'~'1\
Artor~ey's eddres! and phone numbar:
..u (X.} 0 L Date _.' Di!triC1 JustiCe
WARNING; Failure to comply wilh I subpoa"a may Ie In 8 fi ing 0' CRIMINAL CONTEIIIPT pu(!uanIIP
42 Pa.C.S.! 4137. This al/ense is punishable by Q line andlor 1m ,Isonment.
My C<lrl1mission explr8s IIrsl MondlY of January, 200&.
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SUBPOENA
CRIMINAIJSUMMARY CASE
COMMONWEALTH OF
PE:NNSYLVANIA
COMilACINW~AI TH 01' PE"N~YLVMJIA
COUNTY OF: COlClEIRL>>lD[
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17050
VS.
O~FF..'JOAl'lr: "'N~)'ltl...C.OF!F~S
ISB.ov8R. RU:E!AllD CRAIG
1~ N. 24TB STREET
CAM~ BILL. PA i7011
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104 S. SI10R'JDlG ITLL~ !lD.
KECRANICSBORC, PA 1~050
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, l.'lIBI.tKINlI:B.Y RllARING COMPLAINT NO. I
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! 10/16/01..: . _.__~: 10& ~. 9PORTINGl BIl..L lUl. II
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fo t!i5tifY en b,h~1f cf "._ rl'.l.l~JL~.!ILI::.W':A..._.:.____.. ._,_....__~____..',' __.,_._.. ~."_ ._.__..,. . ".___
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: 'n (~I~ ilbQV6 case and to n:1i"i141 urtil e.(c:-.;sad. If yCJu fire di,ubled
and r"'luir. .ulslanc":pi~~e 'C'oniotiliit- Mag;~t.ri., Di~tricl office at Ihe .dd'e~s abllve.
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2. And bring wilh yO" ,h. 'I>/lv.,I"g: (complul. it applic3bl,.)
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COM'l.ElE THI> FwL.tOWING IF ,\FPUCASLi:.
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W;RNI;~: F-a;tcre to ~or:;~~:~h lh~~Y rasult in 1lI1~11~ \.:~.CR~M~"AL CONTF,MPT 9\,I$Uarl to
4~ ~a.C.S. ~ A 137. Tn', '.lfknse Is p~ni.oat:l~ by a fina .1\<1101 irnp,iscr.rn,"l.
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COMMONWEALTH OF PENNSYLV/I"IA
COUNTY OF ctnmBRLJ\!;D
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NOTICE OF CONTINUANCE
MJlI. Di'~ ~ll,'
09-3-04
COMMONWEALTH OF
CJNM'. HOt'
PENNSYLVANIA
THOKAS A. FLACBY
"",," 104 S. SPORTING HILL RD.
MECHANICS&crRG, FA
'"I''''''' 017.) 761- 823 0
17050
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vs.
Or:.iti\OAN r; NM.1f.,\n.... .:lr.r.C!,::;
'sHOVER, RICHARD CRAIG I
15 N. 24TH STREET
CAMP HILL, PA 17011
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DockeINo.: i::R-0000287.0,l! .',
Dale Fiied: 9/04/01 J ' .
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WITNESS FOR COMMONWEJlLTH
CAR.ON FOONDATION-RBC01i.DS CUSTODIAN
GALEN HALL RD.
BOX A
WEaNERSVILLB, ~A 19565-0501
Plaase lIole Ihat 1M heanng inlh. abcve captioned case. which was sc~.eduled to occur or" 10/16101
has beM continued 10:
~, ~~li/02/01
~.._= 10:30 AM
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Placa:DISTRICT COURT 09.3 - 04'
104 S. SPORTING HILL RD.
MBCHANICSBURG, PA 17050
J
If you ,a>e ally quesllons. please COlllacl :h1s olfice IInmediately
Conlinuance requested by:
FREED, ESQ., DAVE
if you are disabled and require assislance. please contect the Magisterial Oisl,'j"t' C\ulce at the address above.
"Ill/Ol"" 6tl~
My commission expires rst Mondayo! January, 2004. /
n_' Dlslrict JlISIIC8
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October 22, 2001
Honor~ble Thomas A Placay
104 S. Sporting Hill Road
Machanicsburg, PA 17050
Re: Commonwealth YS Shover
Docket No. CR-0000287 -01
(~AR.ON .
R"ijNMTIt1N',
&~"'e.Jletlce In Addicriol't uc.:zal{c.nl
Dear Justice Placey:
I am in rece:pt of your subpoenas directed to the Record. 'Custodian and Greg Kessler
at the Caron Foundation. The Caron Foundation is licensed by the Pennsylvania
Department of Health - Office olDrug and Alcohol Programs as an rripalienl non.
hospital dru9 free facility. As such, it is subject to the provisions of feoeral confidentialily
laws and regulations (42 USC~290dd'2, 42 C.F,R, part 2) and the p-rovisions of the
Pennsylvaf\la Drug ard Alcohol Abuse Control Act (71 PS 91690 ef seq,). These
statutes and reguiatio,s prohibit this progr,am and its personnel from complying with your
requesl or even acknowledging whether or not Mr. Shoyer IS or ever was a patienl in our
program unless he' executes a prope' consent form or an order is issued after a hearing
by the Cumberland County Court cf Common Pleas in accordahce with the
Pennsylvania Act. Since Caron Fcundation has not received a proper writte~ consent
form and there has not been a good cause hearing In the COClrt of Common Pleas 2nd
an order allowing disclosure, we are compelled by federal and state law not to release
any information.
This decisions was reached after a thorough review of the stale and federal laws and
reguiations goveming the confidentiality of alcohol and drug abuse patief1t records and is
not intended in any way to impede ius~ice. I would hope lhat based on tl,e above
information you will resci~d Ihe subpoenas that you have issued.
Please contact me if you have any further questions
Very truly yo~rs,
UJ4tW
David A. Murdoch
Executive Vice Presidenl
Corporate Counsel
PA Supreme COL.r! ID #21963
DAM:ki'
("'c' Medical 8accrds
Dave Freed, Esq.
William J Fu!\ol'l. Esq
v.
-'"~lJfitn
(l\'GjI1~",,""". ~nia
Commonwealth
Richard C. Shover,
Defendant
DISTRICT COURT 09'3-04
CR-0287 -0 1
AND NOW, this 26th day of October 2001, upon receipt of the attached
letter that will be treated as a Motion to Quash the subpoenas issued to The
Caron Foundation and Greg Kessler. The Motion :5 DENIED. The Bail
Hearing and the Answer to the Rule to Show Cause shall remain as
previously scheduled.
By the
. Placey
DJ~
cc: lot Asst.D.A. David Freed
William Fulton, Esq.
David Murdoch, Esq.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CARON FOUNDATION
v.
Docket No. 01-6261 Civil Tenn
THE HONORABLE THOMAS A. PLACEY,
DISTRICT mSTICE
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly, mark the above-referenced complaint withdrawn, discontinued and ended.
Respectfully submitted,
[.O!~
ules S. Henshell, Esq., I.D. No. 27749
Mark S. Stewart, Esq., LD. No. 75958
Wolf, Block, Schorr & Solis-Cohen LLP
212 Locust Street, Suite 300
Harrisburg, PA 17101
(717) 237-7160
Dated; November 7, 2001
DSH:29751.1/CAR126.095198
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CARON FOUNDATION
v.
Docket No. 01-6261 Civil Term
THE HONORABLE THOMAS A. PLACEY,
DISTRICT JUSTICE
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person( s) and
in the manner indicated below, which service satisfies the requirements ofPa. R.C.P. 440:
VIA FIRST CLASS MAIL
Thomas A. Placey
District Justice
104 Sporting Hill Road
Mechanicsburg, P A 17050
Date: November 7, 2001
s(~
DSH:29751.1/CAR126-095198
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BRYAN MCCLOUD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-6221 CIVIL
CIVIL ACTION - LAW
JAMIE L. ALDINGER and
WILLIAM L. ALDINGER, SR.,
Defendants
IN RE: MOTION TO COMPEL DISCOVERY
ORDER
AND NOW, this
2 ( day of October, 2002, a brief argument on the within motion
to compel discovery is set for Wednesday, October 30, 2002, at 3:30 p.m. in Courtroom Number
4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Bruce Grove, Jr., Esquire
For the Plaintiff
Ad
David Mills, Esquire
For the Defendants
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
BRYAN MCCLOUD,
Plaintiff
NO. 01-6221
CIVIL TERM
-vs-
JAMIE L. ALDINGER AND
WILLIAM L. ALDINGER, SR.,
Defendants
CIVIL ACTION-LAW
ORDER
AND NOW, this
day of October 2002, upon the Motion of Defendants for
Order Compelling Discovery, it is hereby ordered that Plaintiff, Bryan McCloud, answer
Interrogatories 24, 40, 48, 49, 50, and 51, supplement all of the answers that were verified on
June 6, 2002 to the Interrogatories that were served on November 19, 2001, produce all
documents requested on November 19, 2001 and sign Form 4506, Request for a Copy or
Transcript of Tax Form for Tax Form Nos. 1040 in calendar years 1997, 1998, 1999,2000, and
200 I, and sign the Authorizations for the Release of Medical Records from Pinnacle Health
Systems/Polyclinic Hospital.
Failure to comply with this Order of Court within twenty (20) days of the date of this
Order will result in further sanctions upon Motion by Defendants.
By the Court,
Judge
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA
BRYAN MCCLOUD,
Plaintiff
NO. 01-6221
CIVIL TERM
-vs-
JAMIE 1. ALDINGER AND
WILLIAM 1. ALDINGER, SR.,
Defendants
CIVIL ACTION-LAW
MOTION OF DEFENDANTS FOR ORDER COMPELLING DISCOVERY
AND NOW, this 17th day of September 2002, come Defendants, Jamie 1. Aldinger and
William 1. Aldinger, Sr., by their attorneys, Stetler & Gribbin, who move this Honorable Court
for an Order compelling discovery on the following grounds:
1. On October 30, 2001, Plaintiff commenced suit by Writ of Summons.
2. On November 19,2001, Defendants served Interrogatories for answer by Plaintiff
and Request of Documents for Production of Documents for Inspection, Examination, and
Photocopying.
3. On December 4,2001, the Court issued a Rule upon Plaintiff to file a Complaint.
1
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4. On December 21, 2001, Plaintiff filed a Complaint averring the automobile
accident of October 31, 1999 allegedly caused personal injury, loss of earnings, and impairment
of earning capacity and power.
5. On January 2, 2002, Defendants reminded Plaintiff that answers to the
Interrogatories and Request for Production of Documents were overdue.
6. On February 11,2002, Plaintiffs counsel promised to answer the Interrogatories
that week.
7. On April 8, 2002, Defendants reminded Plaintiffs counsel that answers to
Interrogatories and a Request for Production of Documents, due December 19, 2001 and
extended until February 8, 2002 were overdue, asking for answers to avoid the need to move for
a Court Order.
8. On April 19, 2002, Plaintiffs counsel promised to have the discovery served by
May 15, 2002.
9. On May 13, 2002, Plaintiffs counsel promised to hand deliver the Answers to
Interrogatories and Response to Request for Production of Documents by Friday, May 17, 2002.
10. On May 17, 2002, Plaintiff served Answers to the Request for Production of
Documents, which answered, in part:
5. All tax form 1040 filings with the U.S. Department of Treasury
Internal Revenue Service for tax periods beginning 1994 until the
present.
Answer: The Plaintiff has never filed a 1040 tax form with
the Internal Revenue Service during his lifetime.
2
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11. On June 7, 2002, Plaintiff served answers to Interrogatories of Defendants, which
stated that Bryan McCloud was claiming impairment of his earning capacity and loss of earnings
and that he had been employed, see Answers to paragraphs 17, 18, 19, and 20 attached hereto
and made a part hereof as Exhibit A.
12. Plaintiff, Bryan McCloud, failed to answer whether anyone had asserted a lien
against recovery from the claims that he was making, see Interrogatory 24 attached hereto and
made a part hereof as Exhibit B.
13. Plaintiff did not answer the question about claims for non-economic detriment,
see Interrogatory 40, attached hereto and made a part hereof as Exhibit C.
14. Plaintiff did not answer Interrogatories regarding the insurer through which he
was covered, see Interrogatories 48, 49, 50, and 51, attached hereto and made a part hereof as
Exhibit D.
15. On July 2, 2002, Defendants asked Plaintiff to sign tax authorizations for the
release of information from the Internal Revenue Service, attached hereto and made a part hereof
as Exhibit E.
16. On August 1,2002 and September 3, 2002, Defendants reminded Plaintiff that the
authorization for release of information from the Internal Revenue Service still had not been
completed.
17. Plaintiff s counsel has not replied to defense counsel nor have Interrogatories
been supplemented since Plaintiff was asked to do so on June 7, 2002.
3
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WHEREFORE, Defendants, Jamie Aldinger and William L. Aldinger, Sr., respectfully
request this Honorable Court to order Plaintiff to supplement the Answers to Interrogatories and
Request for Production of Documents and to sign the Authorization allowing Defendants to
obtain copies or transcripts of the tax forms from the Internal Revenue Service.
Respectfully submitted,
Dated: f~ j~02oo~
la M lIs, Esquire
Supreme Court No.3
138 East Market Street
PO Box 2588
York, P A 17405-2588
(717) 854-9506
Attorneys for Defendants,
Jamie L. Aldinger and
William L. Aldinger, Sr.
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CERTIFICATE OF SERVICE
I, David Mills, Esquire, hereby certifY that I served a true and correct copy of the
foregoing MOTION OF DEFENDANTS FOR ORDER COMPELLING DISCOVERY by first-
class mail, postage prepaid on the following:
Bruce A. Grove, Jr., Esquire
110 Lexington Road
York, PA 17402
STETLER & GRIBBIN
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avid Mills, Esqui
Supreme Court No. 192
138 East Market Street
PO Box 2588
York, PA 17405-2588
(717) 854-9506
Attorneys for Defendants
Dated:
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Are you claiming impairment of your earning capacity or loss of earnings? If so, please
ANSWER:
A.
I
B.
C.
D.
E.
F.
What is the total amount of the loss? $1,200
What is the method of computing the1oss? Hourly wage times days missed.
What was the nature of employment immediately prior to this incident?
Telemarketing
What is the name and address of the employer immediately prior to this incident?
RMH Telemarketing Services, 717-767-1500
What was the rate of pay at the time of this incident?
$10.00/hour
What is the date of retirement eligibility?
Unsure
18. For all employers for the seven years preceding this incident, please state:
A. The names and addresses of each employer;
Miami Subs, St. Petersburg, FL; MIC Investors, St. Petersburg, FL
B. The dates of commencement and termination of the employment;
Never fired; quit; unsure of actual dates
C. The title and position and capacity of employment;
Telemarketing; Customer Service
D. The nature of duties performed;
Made telephone calls
E. The total yearly earnings for each year employed;
Do not remember
F. Each disciplinary action taken by employers, relating to the use, possession, sale or
procurement of drugs and/or alcohol;
N/A
G. The reasons for terminating the employment;
N/A
H. The name of your immediate supervisor.
Jim Sanger; John M.
19. Did you file Federal Income Tax Returns for each of the seven years preceding the date of
this incident? If so, what did you report as earnings on each of the returns?
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ANSWER:
N/A
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Did you sustain any fmancialloss as a result of this incident other than those covered by the
preceding Interrogatories? If so, state, in detail, the nature, dates, and amount of such
additional losses.
ANSWER:
N/A
21. How long were you ill or disabled as a result of this incident?
ANSWER:
Lifelong pain in back.
22. To what extent are you disabled, and is any portion of that disability permanent?
ANSWER:
Hurts to stand for long periods of time; discomfort in sleep;
hurts when bending over.
23. Did you receive full or partial salary or income during the period of disability? If so:
A. When did you receive it?
B. How much was received?
C. Was payment by gift, contract, or other means?
ANSWER:
N/A
24. Has anyone asserted a lien against a recovery from the claims that you are making as a result
of this incident? If so, answer:
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A. Who has made a claim for the lien and the date and amount claimed?
B. Was it was by way of contract or otherwise, giving complete details?
ANSWER:
N/A
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Did you sustain any financial loss as a result of this incident other than those covered by the
preceding Interrogatories? If so, state, in detail, the nature, dates, and amount of such
additional losses.
ANSWER:
N/A
21. How long were you ill or disabled as a result of this incident?
ANSWER:
Lifelong pain in back.
22. To what extent are you disabled, and is any portion of that disability permanent?
ANSWER:
Hurts to stand for long periods of time; .discomfort in sleep;
hurts when bending over.
23. Did you receive full or partial salary or income during the period of disability? If so:
A. When did you receive it?
B. How much was received?
C. Was payment by gift, contract, or other means?
ANSWER:
N/A
24. Has anyone asserted a lien against a recovery from the claims that you are making as a result
of this incident? If so, answer:
A. Who has made a claim for the lien and the date and amount claimed?
B. Was it was by way of contract or otherwise, giving complete details?
ANSWER:
N/A
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What exhibits do you intend to use, rely upon, or introduce at the trial of this action?
(Note: Please identify the documents as set forth in the introductory paragraph to these
Interrogatories. Please identify exhibits other than documents with a detailed description of
its nature).
ANSWER:
N/A
40. With regard to any non-economic detriment for which Plaintiff claims to be entitled to
receive compensation, describe with particularity each separate and specific detriment for
which compensation is sought.
41.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
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ANSWER:
Have you ever registered for service in the military? If so, please ANSWER:
When did you register for service? approximately 1997 or 1998
Where did you register for service?
What was the name of the service for which you registered?
Registered for U.S. Air Force; changed mind and never served.
Were you rejected for service and, if so, what was the reason for the rejection?
Did you serve in the military?
What were the dates of service?
Where did you serve?
Was a physical examination required; if so, when were you examined and by whom?
Did your service terminate?
When did service terminate?
What was the reason for termination and/or discharge?
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Have you ever applied for Social Security benefits for disabilities due to this incident or any
unrelated medical reason? If so, please ANSWER: N/ A
A.
Were you granted or denied benefits?
B. What was the Social Security office at which Plaintiff filed the claim?
C. What are the natm'e and extent of the disability?
D. What is the date of onset and total duration of such disability?
46.
Have you ever made a claim for benefits under any insurance policy or against any person,
firm, or corporation for personal injury or physical condition, not heretofore listed in these
Answers? If so, please ANSWER:
N/A
A. What was the injury or condition for which the claim was made?
B. What is the name and address of the person, firm or corporation to whom or against
whom it was made?
C. What was the date on which the claim was made?
D. What was the nature and amount of any such payment received?
47. Were you covered by any policy of insurance, which provided for the payment of medical
expenses, property damage, and protected against the risk ofliability?
ANSWER:
Covered through mother's car insurance; did not have health insurance, which
made it difficult for me to receive prescribed medication.
48. If so, state for each such policy:
A. The name, principal place of business, and telephone number of the insurer.
B. The name, address, and telephone number of the named insured.
C. The policy number.
D. The effective dates of coverage.
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The amount of coverage, specifying the terms thereof.
F. The amount your insurer has paid for medical expenses that you submitted as a result
of the incident
G, The amount your insurer has paid for property damaged in the incident
ANSWER:
49. Has the insurance company or companies involved raised an issue as to coverage? If so,
please state forth in detail the basis for each issue, reservation of right, or denial of coverage.
ANSWER:
50. If an issue on coverage has been raised by the insurance company or companies involved,
please state your position on each issue.
ANSWER:
51. Did you elect limited tort? If so, who is the fIrst-party carrier?
ANSWER:
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Dated:
avid ills, Esqu' e
Supreme Court No. '7192
138 East Market Street
P.O. Box 2588
York,PA 17405-2588
(717) 854-9506
Attorneys for Defendants
18
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IRIft. OctElo.r- 7SS4l
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Intemzj A.v.nl.le SaM=- .
R.ec "$ for Copy Of Transcript of Ta};' 'm
II- I'lozse<n>ad in::truC\:\l1r=. belo", co~91hil< to"",
10 1'\_ type or print cieariy.
QMSNc..~
Note: Do not use this torm to get ta;: ac:ount information.
12 Name shewn en ta:::. jgtm
1D FIr=: :!:o=fal :tecmrty numoer an ta::: tQrm or
emJli~ ltienllfic:nllW.l1wnber
209.-5.8-82.:Hl
Bryan McCloud
2:a If :a joim ratum, spo1J3e's name shown on 1aX iorm
2tl Se=and:saciat :e.:urtty numQef an '1: term
:3 Current name;l address {including ap"'..., (CC~ or suite no.), city, stata, and ZIP code
612 Magaro Road, Enola, PA
17025
.
It copy at form or a tax rettJrn ~t is. to be mailed to scmecne else, shew the thira parrIs name and acta=---
David Mills, Esquire
Stetler & Gribbin, 138 East Market Street, PO Box 2588, York,
PA
17405-258E
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It we c:an"~ find a rec=rd of your tax form and vot.! warn the cavmem refunded l1:! the t.l-:ird ca.-;v, check here,
It name in ttiird PartY3 racords cfifte:z lrcm line 1a above, show name- here.
i C:'leck cnly ane box tel show what you want
a. 0 Tax return tl"al1SC.~pt of Form 1040 series tiled during thll current :=.lendar Yea! and t.,e Z preC2ding C3isndar year:. (The iram:rip't gives
mCS't fines from the orjginal rerum and sc..,eciwe(s}). Tnere is no charge ter a t:'.an::..1pt re~e:st made- before O::aber 1, lss:i
b tE'J CO?)' ct 'ta:I:. 'torm and. all a:ttachmems {including Ftlrm{s} W-'2.. sehecuiet., or ather -:;1'lT'i3). in~ er.arg& is $14..00 fer each period requested.
Note: If the:e copie:. must be l:nffied Tor court or adminisative p~c=:2edin;s, see lnsu==ns and check here ...,.""...,. It- 1m
c 0 Verffic:a.ticn at nomliing. There is nO' croarge for 'this. _
d 0 Copy ci Form(s) W-2 cnly. There is no c."1arg8 tar this. See inS'uc:ons for when Fcrrn W-2 is avaiiable.
Note:lftheC::.:I'!cfFcnTlW_'Zisneededtoritssme'lniOlTl'Ja.1ion,cheokhere ...,..".....",.,.,... """ "'0
If this. faqU5t is. to: me'et:a. requkement of one at th.e taiioWmg, che:k all aoxes t.."w. appiy.
o Smail Business Administration 0 Detlartment of :::lUC3.1icn 0 Decarttnent at Veterans Affairs n Financial instituticn
S iaxtorm:nu:mi:ter{Fcrm1040, 1D40A,S41,et.) 11 Amourndueicrr;apy., att2X:crm: I
. C=to, =" ponod ..... s l'4':l>O"':".:';
b Number ct: periods: re~uesed
on ana 1.Q ..........
= jc;:aj c=st. Mumply line 11,a by
line"!> ........... S 14.00
Full payment must a=cmpany your reques:. 1IJiaks cne=:
or mCnErl! crtief ~1E! to Uhrternall1everwe Sel"Yic:a n
I TeiepnQne numtler err requestSf
717-854-9506
Sest1Ime tc caU
a
1040
1
10 Ta::: periad(z} (year or periOd ended d:atej.lf more than teur, see instn..t::::cns.
2001
PiI"asa :...
rSlenawr~. It C1Cher ttuan lSIpayltt.aua~r. autl1C1nzatlQh ===mte1l1.
Sign
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Here ~
nu. 'u line la=ClVltC a=n:II:Ir='UC:lI. ,:aannllmnJ!:i, nUlllll, or flUS!!
8:30 a.m. - 5:00 p.m"
--
JUA Ftll' P~erworr.. Reduction Act Noti.c~ ~ee in.stn.tctions.
~046 Oll~~fSG
Form 4Sll6 (RB'. ,~)
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Intemal Ficnnue S.rvillZ
Rse . 'Sf for Copy or Transcript of Tax rm
,.. p""",d read in",",clIan= bola'" Cl:llll!'loting 1hls jal'lllo
... ?iease type or 'Print cieariy.
OMS NQ. ~2S
, . ~..., 4506
Bryan McCloud
Note: Do not Ilse this form to get tm: =ount information.
1b r1f:it :seeai :3e:1Jritv nwnner an =. icrm or
emp.i~er ide:rrt1fi=uon numeer
209-53-8238
13 Name shewn en ta%: form
22 If a joint rStl,Jrn, spc\JSels name shown on taX inrm
21:l: Se:::ana sc~ia1 seeurity number Qt1 13:. term
3 Current name, address (including apt.. room, or suite nc.), city, s:a1:e, and Z!.? Ct'Ioe
612 Magaro Road, Enola, PA 17025
A If ctIpy at tcrm or a tax retUrn n.nscript is to be mailed to someone else. show '!he thiro part'js name and atlcr~.
David Mills, Esquire
stetler & Gribbin, 138 East Market Street, PO Box 2588, York, PA 17&05-25BE
S If we cannot find a. re:cn::l at yQlJl" ':aX term and ycu want the oavment r.eiundatl ~D 'the '".t:ird P~. chec!t hen.
IS If name in third pany's recQl'CZs cllffer.;,:ircm tine 1a. acove, snc;IW name hers.
. . . . . ..~
7 Ch"", only ono bax :a .haw what you want
a 0 iax retUrn 'C'anSC.~ at Form 1040 series filed during the current cUendar yea: and the ::. preC2d1ng C3landar year:.. (The trans=ic'I civ~
mast Ii.nes from the original. retW'n and sc.."teduJe(sl)'. There is no ch:srge tor a tr~::::.;pt re:;ue:rt made baiera Oc:ober 'I ,S=S
II t8r CQpy of- ~ 'fcrm and. all a!l:aCtIments fmciuding F'Crm(s.} W-2- seneciuiee, or ather~).. The charge ls S14.00 ter each period. requested.
_ Ncte: If these copies must be cznffied tfJf -court or adminisiTa1ive p~OO::5!ecin;s. see i~=ns and c."Je::k here: .,........,..,)0. P.9
Vermcaticm at nontiling. There is no charge fer this.
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