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HomeMy WebLinkAbout04-0835Thomas, Thomas & Hafer, LLP Evan Black, Esquire Attorney I.D. # 17784 Derek D. Bahl, Esquire Attorney I.D. # 87851 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 IN RE: : IN THE COURT OF COMMON PLEAS RICHARD G. MANNING, M.D. : CUMBERLAND COUNTY, PENNSYLVANIA No.: ?jq. 535ut{%f y CIVIL ACTION - EQUITY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Amended Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with this Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Thomas, Thomas & Hafer, LLP Evan Black, Esquire Attorney I.D. # 17784 Derek D. Bahl, Esquire Attorney I.D. # 87851 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 IN RE: : IN THE COURT OF COMMON PLEAS RICHARD G. MANNING, M.D. : CUMBERLAND COUNTY, PENNSYLVANIA No.: CIVIL ACTION- EQUITY COMPLAINT IN EQUITY XYZ Group, by and through its counsel, Thomas, Thomas & Hafer, LLP, hereby files this Complaint in Equity, and in support thereof states the following: 1. Plaintiff in this equity action is XYZ Group, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business in Cumberland County, Pennsylvania. 2. XYZ Group provides medical services to patients in the greater Harrisburg / south-central Pennsylvania area, and was formerly the employer of one Richard G. Manning, M.D. 3. Dr. Manning's last known address is 2092 Fairway Lane, Harrisburg, Dauphin County, Pennsylvania. 4. Defendant in this equity action is Teresa L. Bowen, an adult individual residing at 200 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania. 5. Mrs. Bowen was a patient of Dr. Manning during his employment with XYZ Group. 6, On September 23, 2002, Dr. Manning entered a plea of guilty to charges of aggravated indecent assault, indecent assault and criminal attempt stemming from certain conduct that he engaged in on various occasions while treating not only Mrs. Bowen, but also two other female patients. Dr. Manning's guilty plea and sentencing colloquy was presided over by the Honorable J. Wesley Oler, Jr, of the Cumberland County Court of Common Pleas. (A copy of the transcript of those proceedings is attached hereto as Exhibit "A".) 8. XYZ Group terminated Dr. Manning's employment and publicly disavowed his conduct prior to his guilty plea. 9. Indeed, Dr. Manning's conduct went well beyond the scope of his employment and authority with XYZ Group, and was undertaken without the knowledge or presumptive knowledge of XYZ Group. 10. It has come to XYZ Group's attention that Mrs. Bowen intends to file a civil lawsuit against both Dr. Manning and XYZ Group. 11. In fact, Mrs. Bowen's counsel, Douglas K. Marsico, Esquire of Caldwell & Kearns, 3631 N. Front Street, Harrisburg, Pennsylvania, has provided XYZ Group with a draft civil complaint. (Appropriately redacted copies of Mrs. Bowen's draft civil complaint, as well as a corresponding letter to XYZ Group prepared by Attorney Marsico, are attached hereto as Exhibit `B"). 12. Since Dr. Manning's alleged actions were undertaken outside of the scope of Dr. Manning's employment with XYZ Group and without the knowledge or presumptive knowledge of XYZ Group, and since XYZ Group terminated Dr. Manning's employment and publicly 2 disavowed his alleged actions, XYZ Group asserts that its anonymity should be maintained in any civil lawsuit filed by Mrs. Bowen stemming from Dr. Manning's alleged actions. 13. XYZ Group has a proprietary right to its good name, and irreparable harm not compensable by mere money damages will result if Mrs. Bowen is permitted to proceed with a lawsuit in which XYZ Group is sued in its true corporate name and the proceedings are not kept under seal of court. 14. Revealing XYZ Group's true corporate identity in a legal action filed by Mrs. Bowen relative to Dr. Manning's conduct would likely have a devastating effect upon XYZ Group's ability to provide medical services to patients in the greater Harrisburg area, and would therefore be damaging to the local community at large, in addition to damaging the reputation of XYZ Group. 15. For proof of this reality, one need look no further than the text of Dr. Manning's guilty plea and sentencing colloquy, specifically page 6, in which XYZ Group is referred to only by way of the pseudonym "XXX / KUFRPGB". (See Exhibit "A" at page 6.) 16. Furthermore, Mrs. Bowen will not be harmed in any way if she is required to refer to XYZ Group using only the pseudonym "XYZ Group" in any lawsuit that she may file against Dr. Manning and/or XYZ Group, and/or if XYZ Group's anonymity is protected by way of conducting all proceedings and maintaining all filings under seal of court. 17. Accordingly, this court should order Mrs. Bowen and all other parties to potential litigation to refer to XYZ Group using only the pseudonym "XYZ Group" in any civil lawsuit that she may file against Dr. Manning and/or XYZ Group using the pseudonym "XYZ Group". 18. In addition, for the same reasons set forth above, this Court should conduct any civil action filed by Ms. Bowen against XYZ Group under seal of Court, and maintain all pleadings and other filings in any such civil action under seal of Court. 19. Contemporaneously with this equity Complaint, Plaintiff XYZ Group has filed a Motion seeking an immediate preliminary injunction pursuant to Pa.R.C.P. 1531 enjoining Defendant Mrs. Bowen from filing any lawsuit naming or referencing XYZ Group in its true corporate name pending resolution of this equity action. (A copy of Plaintiff s Motion is attached hereto as Exhibit "C".) WHEREFORE, Plaintiff XYZ Group respectfully requests that this Honorable Court enter judgment in its favor, and issue an Order granting the relief requested in this Complaint. Respectfully submitted, Thomas, Thomas & Hafer, LLP by Evan Black, Esquire Derek D. Bahl, Esquire 305 N. Front Street POB 999 Date: Harrisburg, PA 17108-0999 ?/? (p 4 4 COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-1453 CRIMINAL TERM CHARGE: (2)INDECENT ASSAULT (2-A, 2-B, 2-C) RICHARD G. MANNING AFFIANT: DST. RICHARD DOUGHERTY OTN: H505810-4 IN RE: GUILTY PLEA AND SENTENCING COLLOOUY Proceedings held before the Honorable J. WESLEY OLER, JR., Judge, Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, September 23, 2002, commencing at 1:09 p.m. in Courtroom No. 1. APPEARANCES: Merle L. Ebert, Jr., Esquire District Attorney Robert N. Tarman, Esquire For the Defendant 1 2 3 4 September 23, 2002 Courtroom No. 1 1:09 P.M. MR. EBERT: Your Honor, we call the case 1+-U. - oi`hMrri Mannino on QOCketeU dL 02-1453, f' ?. vi7ti i?Gii'vrc al ur .. _ charges of aggravated assault-- aggravated indecent assault, I should say, indecent assault, and criminal attempt. Mr. Manning is present in the courtroom with his private counsel, Mr. Tarman, having indicated his desire to enter a plea of guilty to these charges subject to a plea agreement. b 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 As I advised the Court earlier, Mr. Manning was to appear tomorrow for formal arraignment in these matters. Mr. Tarman indicates, he's willing to waive formal arraignment at this time. THE COURT: All right. Why don't we, for the sake of the record, complete the arraignment. Dr. Manning, you have 7 days from today's date in which to request a bill of particulars from the District Attorney under Pennsylvania Rule of Criminal Procedure 572, 14 days from today's date to move for discovery under Pennsylvania Rule of Criminal Procedure 573, and 30 days from today's date to file and serve an omnibus pretrial motion for relief under Pennsylvania Rules of Criminal Procedure 578 and 579, including motions to suppression evidence under 2 1 Pennsylvania Rule of Criminal Procedure 581. 2 These are time periods which, if you do 3 enter a plea of guilty today, you would not be taking 4 advantage of, but I still need to advise you as to what 5 they are. And Mr. Tarman, are you waiving a formal reading 6 of the information? 7 MR. TARMAN: We are, Your Honor. 8 THE COURT: Mr. Ebert. 9 MR. EBERT: If I may proceed then, Your 10 Honor. As I indicated, this Defendant has indicated his 11 desire to enter a plea of guilty to three counts of 12 Indecent Assault, each would be graded a misdemeanor of the 13 second degree, subject to an agreement with the 14 Commonwealth. If I may outline that for you, Your Honor. 15 This Defendant will plead guilty to three 16 separate counts which I have indicated numerically as 17 Counts 2-A, 2-3, and 2-C. Count 2-A involves Teresa L. 18 Bowen on an offense which occurred on May 16th, 2002. 19 Count 2-B is consolidated to consist of one incident 20 between August the 1st to September 30th of the year 2000. 21 And that count would involve the victim Brenda L. Kaiser. 22 And Count 2-C, a count on a victim Sandrine Simeon which 23 occurred on March 8th, 1998. These pleas are in full 24 satisfaction of all other charges pending against the 25 Defendant to include two additional counts of Indecent 3 1 Assault which have remained uncharged. 2 For the record, to protect the Defendant, 3 one of these uncharged incidents involves a nurse at Holy 4 Spirit Hospital which took place during the month of March 5 2002. The second uncharged incident involves a patient who 6 was seen at the Union Deposit Road office during July of 7 2001. - 8 The Commonwealth is agreeing to a set 9 sentence in this case. That would be-- the sentence would 10 be on Count 2-A, a term of imprisonment in the Cumberland 11 County Prison for a period of 11 and a half months to 23 12 months; on Count 2-B, a term of 24 months county probation 13 to run consecutive to the sentence imposed at Count 2-A; 14 and on Count 2-C, a period of 24 months county probation, 15 to run consecutive to Count 2-A but concurrent with 2-B. --6 It's understood that, Defendant will not be 17 eligible for work release until he has completed seven _8 months of this sentence. The Defendant has voluntarily 19 agreed to surrender his license to practice medicine to the 20 Medical Board of Pennsylvania, Department of State. 21 It's understood that potential reinstatement 22 of the Defendant's medical license falls totally within the 23 discretion of t-he Medical Board of the Department of State. 24 Present here today is Attorney for the Department of State, 25 Gregory Olsavick, if the Court has any questions regarding 4 1 the procedures in that department. 2 The Defendant agrees to pay a fine to be 3 determined by the Court not to exceed $5000.00. The 4 Defendant agrees to pay restitution, which at this point is 5 to be paid for out-of-pocket expenses to the victim at 6 Count 2-A, Teresa Bowen, in the amount of $108.38. 7 The Defendant finally agrees to waive a 8 pre-sentence investigation and will stand committed to the 9 Cumberland County Prison immediately following sentencing, 10 assuming the Court will accept the plea. I'm prepared for 11 the factual admissions, if you want me to proceed. 12 THE COURT: All right. Mr. Tarman, is that 13 your understanding of the plea agreement? 14 MR. TARMAN: That's a fair and accurate 15 reading of our agreement, Your Honor. 16 THE COURT: All right. 17 MR. EBERT: For the record, I have reduced 18 that plea agreement to writing, both the Defendant and his. 19 counsel have executed it, and I'll enter that into the 20 record at the conclusion of these proceedings. 21 THE COURT: So we don't forget that, why 22 don't we do that right now. We'll have that marked as 23 Court's Exhibit 1. 24 (Whereupon, Court's Exhibit 1 was 25 marked for identification.) 5 I THE COURT: Court's Exhibit 1 is admitted. 2 (Whereupon, Court's Exhibit 1 was 3 admitted into evidence.) 4 MR. EBERT: Regarding the factual admissions 5 of these pleas, with regard to Count 2-A, the victim being 6 Teresa L. Bowen, it's alleged that on or about 6 p.m. on 7 Thursday, May 16, 2002, this Defendant arranged for a s private meeting w ith Teresa Bowen at the xxx /KUFRPBG will 9 surgical group in East Pennsboro Township after normal 10 business hours. During the course of what purported to be 11 a medical examination, the Defendant placed the victim in 12 various physical positions exposing her genital area and 13 placed his fingers in her vagina without wearing surgical 14 gloves. During the course of this physical manipulation, 15 the Defendant pulled down his pants far enough to expose 16 his penis and touch the victim's person with his penis. 17 With regard to Count 2-B, the victim being is Brenda Kaiser, the Commonwealth alleges that, during the 19 period between August the ist, 2000, and September 30th, 20 2000, in East Pennsboro Township and at an office in 21 Dauphin County, the Defendant, during the course of various 22 purported medical examinations, had the victim undress, 23 placed her in unusual and compromising positions, and 24 massaged and/or touched her vaginal area and breasts. On 25 at least two occasions, he developed an erect penis visible 6 1 through his clothing and rubbed the erect penis against the 2 back of the victim. 3 Finally, the third count listed as Count 4 2-C, with the victim being Sandrine P. Simeon, it's 5 alleged, on March the 8th, 1999, the Defendant, without 6 another person present, conducted a purported medical 7 examination of the victim. The Defendant had the victim -- 8 disrobe in his presence, placed her in various unusual 9 positions while observing her. At one point the. Defendant 10 placed his face in close proximity to her buttocks, and 11 then announced that he would be required to do an internal 12 gynecological examination whereby he inserted his finger 13 into the victim's vagina. The Defendant continued to 14 manipulate the victim's body, and during this time, the 15 victim noted that the Defendant's penis was erect and that 16 there was a wet spot on the surgical gown in the area of 17 his erect penis. 18 These would be the facts which would be 19 proven at least by the Commonwealth should this matter go 20 to trial. 21 THE COURT: All right. Mr. Tarman, is it 22 your client's desire to enter pleas of guilty as indicated? 23 MR. TARMAN: It is, Your Honor. 24 THE COURT: All right. And has the 25 Defendant filled out a guilty plea colloquy form? 7 1 MR. TARMAN: He has, Your Honor. 2 MR. EBERT: I'm in possession of it, Your 3 Honor. 4 THE COURT: Dr. Manning, you heard the 5 statements of the District Attorney as to what is alleged 6 to have happened. Are those statements true and correct? 7 THE DEFENDANT: Yes. 8 THE COURT: And do you understand the 9 penalties applicab le to each of these offenses are a jail 10 sentence of as muc h as two years and a fine of as much as 11 $5000.00? 12 THE DEFENDANT: Yes. 13 THE COURT: And I am correct on that, am I 14 not? 15 MR. EBERT: That's correct. 16 MR. TARMAN: Yes, Your Honor. 17 MR. EBERT: All of them are misdemeanors of 18 the second degree. 19 THE COURT: And do you understand that, the 20 sentences could be made co run consecutively and the fines 21 could be made cumul ative? 22 THE DEFENDANT: Yes. 23 THE COURT: Do you have any questions 24 regarding any of the information contained in the guilty 25 plea colloquy form which you signed? 8 1 THE DEFENDANT: No. 2 THE COURT: And do you have any questions at 3 all regarding the plea agreement which has been made an 4 exhibit at this proceeding? 5 THE DEFENDANT: No. 6 THE COURT: Knowing everything that I've 7 told you, is it your desire to enter pleas of guilty to 8 three counts of Indecent Assault, each graded a misdemeanor 9 of the second degree, pursuant to the plea agreement that 10 has been entered of record? 11 THE DEFENDANT: Yes. 12 THE COURT: All right. Mr. Tarman, was 13 there anything you wanted to say prior to sentence? 14 MR. TARMAN: I think it's all contained, 15 Your Honor, in the agreement. I would ask for some 16 leniency on the fine. He's incurred, of course, attorney's 17 fees. He's been in rehabilitation. And that's been a 18 significant fee that he's paid. He's losing his license 19 and his livelihood. And he has three children in college. 20 So I ask the Court to consider that. 21 THE COURT: All right. Dr. Manning, was 22 there anything you wanted to say prior to sentence? 23 THE DEFENDANT: No. 24 MR. EBERT: We do have some of the victims 25 that wanted to address the Court briefly. 9 1 THE COURT: Certainly. 2 MR. EBERT: I understand there's a 3 representative of Sexual Assault Rape Crisis to present 4 comments on behalf of the victim at Count 2-B, Brenda 5 Kaiser. Just state your name. 6 MS. EBERT: My name is Ann Brown Ebert. 7' MR. EBERT: Where is Ms- Kaiser -toda- 8 MS. EBERT: She is in Florida. 9 MR. EBERT: She did submit a form regarding 10 this case? 11 MS. EBERT: She did. 12 MR. EBERT: Okay. Would you please read it 13 for the Court? 14 MS. EBERT: I will be paranoid if I have to 15 go to a doctor other than my family doctor. I'm angry with 16 myself for not talking about my experiences with my 17 husband. The trust is lost for people in medical 18 backgrounds. Since the situation is out in the open, my 19 anxiety is horrible. 20 Counseling with victim services has helped 21 me know it isn't my fault and I am a victim, an innocent 22 person. I have blocked out the situation for two years. 23 Then once it was on the news, my anxiety level shot way up. 24 I did suffer from anxiety from time to time over the past 25 two years, but it has significantly increased. 10 I Once released from the hospital, I always 2 brought my husband to my follow-up appointments. I never 3 discussed what happened to anyone but my best friend who 4 told me it wasn't right and to report it. And I said, no 5 one would believe me, little old me over a professional who 6 is supposed to have ethics. Signed, Brenda Kaiser. - - ---- ---------- - - 7 THE COURT : Thank you. _---- - - - - - - - - - s MR. EBERT: Teresa Bowen is present. She's 9 the victim with regard to Count 2-A. Ma'am, would you 10 please state your full name? 11 MS. BOWEN: Teresa Lynn Bowen. 12 MR. EBERT: You're going to have to speak up 13 so the court reporter can hear you. 14 MS. BOWEN: My name is Teresa Bowen. My 15 family and I have been going through hell since this 16 incident on May 16th, 2002. Because of this incident, 17 there have been several occasions when detectives came to 18 my house during all times of the day. This has caused my 19 nine-year-old daughter to begin questioning me about what 20 the detectives were coming to our house for. 21 She was worried that either her father or 22 myself was in very serious trouble. This is very difficult 23 to explain to a nine-year-old the circumstances surrounding 24 the reasons for the detectives for many visits. I find 25 myself evading my daughter's questions and skirting around 11 1 the issue. 2 Eventually, I had to come up with something 3 to tell my daughter, but this is not something that you can 4 explain to a child. So my husband and I found ourselves 5 explaining to her that we were helping the detectives with 6 the police-- with a police matter, and we definitely were 7 not in any kind of trouble. -- -- B It was more difficult to explain to my 9 daughter why I sat around the house all the time and never 10 felt like doing anything, even things with my daughter or 11 my husband. My daughter came to me one day and told me 12 that she was a big girl and that I could tell her what was 13 wrong and she would help me so I would not be upset 14 anymore. 15 This is very difficult knowing that I cannot 16 discuss this matter with my child, and I cannot accept the 17 comfort she tries to offer me without telling her the 18 reason. So I just told my daughter I was in pain from my 19 recent surgery and that I would be okay in a little while. 20 My daughter would do things to try and 21 alleviate my pain, but little did she know what she was 22 doing was not helping the real pain that I am dealing with. 23 It is very difficult dealing with these feelings around my 24 child. This is something that I will have to learn to deal 25 with until I feel that she is old enough to understand what 12 I is going on and until I feel I am comfortable enough to be 2 able to tell her what happened. 3 It is an experience I do not want my 4 daughter to hear about or learn the gory details at the 5 young age of nine. It is also very difficult for my 6 husband to deal with this matter. He does not understand 7 how a professional who you put trust in can do something 8 like this to totally disregard your feelings and trust that 9 you put in that particular person. 10 It is very difficult for him to understand 11 what I have been going through. For that matter, this is 12 very difficult for anyone who has not gone through this to 13 understand what the victim feels. My husband and I speak 14 very little of this matter. When we do speak about it, it is usually ends up being a very emotional discussion. 16 My husband is at a loss of what to do. He 17 feels useless because he does not know how to handle the 18 situation, how to handle me, or what to do to comfort me in 19 my time of need. He is afraid to touch me because he does 20 not want to see the fear on my face. He is afraid to touch 21 me in the way that he used to touch me, because he knows 22 that it would bring back bad mental images that I carry 23 with me at all times. 24 We do not have the same close relationship 25 that we had before May 16th. I have become very withdrawn 13 1 since this incident, and my husband does not know how to 2 deal with this. He feels that he is somehow responsible 3 for what happened to me. No one is responsible for what 4 happened to me except for the Defendant. 5 This very traumatic incident has split our 6 family apart all because of what this monster did to me on 7 May 16th?5 ni ce May 16th intimacy is riot somettling that 8 happens in my relationship anymore. My husband is afraid 9 to touch me, and I personally do not want him to touch me 10 right now. 11 When he does make any kind of romantic moves 12 towards me, I get flashbacks and I freak out right in front 13 of him. Because of my reaction to my husband's attempted 14 intimacy, he has given up trying to get close to me, and I, 15 unfortunately, do not seem to mind that he has done this. 16 When my husband tries to get intimate with me, all I can 17 see is his face, this monster's face. 18 I know that we need to get counseling to get 19 us through this situation, but my husband feels that we can 20 and will get through this on our own. He does not 21 understand that there are some things that we cannot 22 discuss with each other without the help of a third party. 23 I do not know if our love life or our family 24 life, for that matter, will ever get back to the way it was 25 before May 16th. I work as a home health aide, and I 14 1 continue to do this job since this incident. I have found 2 that I have difficulty dealing with male patients. Now I 3 have paranoia being in the same room with a male by myself. 4 Therefore, my job has seriously suffered because of this 5 incident. 6 So far, my employer has been very 7 understanding with my siC'uation and`ha`s b?eri sending-other - S health aides to tends to new male patients. I do not know 9 how long my employer will be this understanding nor how 10 long I will have these feelings towards males. I am also 11 an EMT, and I now have a fear of being alone on the back of 12 an ambulance with my fellow male EMT's and male patients 13 when we go on a call. 14 Since this incident, I now see a counselor 15 to help me deal with this matter. I have been diagnosed 16 with post-traumatic stress disorder and paranoia. I go 17 into deep depression, and I have serious anxiety attacks 18 and migraines. I cannot sleep at night. I wake up in a 19 cold sweat with nightmares of the attack. 20 I relive the attack over and over again when 21 I'm sleeping or awake. Certain things remind me of the 22 attack. All I can picture is this monster's face glaring 23 at me, which in turn brings on a case of anxiety and mental 24 flashbacks. I am on so many medications right now to help 25 me settle down enough so that I can get through each day 15 1 one at a time. 2 I take sleeping pills to sleep, nerve 3 medication to settle me down, depression medication, 4 anxiety medication, and migraine medication each and every 5 day just to make it through that day. I feel like I am a 6 drug addict. I never in my life have been on so many 7 medications to ma c7 e it throu`gYi-each day. -Go-d--knows-what:--- 8 this will do to my internal system. 9 I, myself, cannot understand how another 10 human being can inflict this kind of mental and physical 11 anguish on another human being. In my mind, this is not a 12 human being, instead a monster, a monster who used his 13 professional license, a monster who had the trust of the 14 community, a monster who had the trust of others in his 15 profession in the hospitals and staff, the co-workers, the 16 partners, a monster who had the trust of his family and 17 friends, a monster who took all that trust and used it to 18 violate the trust of his patients in this horrendous crime. 19 This so-called physician will never feel the 20 pain or horror that I felt and still feel. He will never 21 feel as dirty as I f elt and still feel. He will never feel 22 the terror of always looking over one's shoulder that I 23 felt and still feel. He will never feel the anguish that I 24 felt and still feel. He will never feel the mistrust that 25 I felt and still feel. 16 I He will never feel the anger that I felt and 2 still feel. He will never feel the sickness that I felt 3 and still feel. He will never feel the violation both 4 physically and mentally that I felt and still feel. He 5 will never experience any of the feelings that I have to 6 live with on a day-to-day basis for the rest of my life. 7 I just wish this monster coupxperIence - - 8 for one day what I have to experience for the rest of my 9 life, what he is putting me through, what he is putting my 10 family through, and what he is putting my friends through, 11 the mental and the physical anguish, the fear, the family 12 problems, the financial problems, and the psychological 13 problems. 14 No matter what happens to this monster, my 15 family nor I will ever be the same. He has taken a lot 16 from me. He has taken my self-esteem which I may never get 17 back fully. He has taken my trust in male physicians from 18 me. He has taken my trust from most males in me as I do. 19 not feel that I can be alone or trust males right now. 20 He has taken my freedom from me, because I 21 will always feel his presence whether I am at home or in a 22 public place. He has taken my 11-year marriage and thrown 23 it into shambles. He has taken my family life from me. He 24 has taken my health from me, and his actions have outright 25 changed my whole life and not for the good. 17 1 No matter how much time this monster does, 2 what he loses could never be enough or it could ever erase 3 what he did to me and my family. There is no punishment on 4 this Earth that would ever be enough for what this monster 5 did to me and his other patients. No one can ever replace 6 the trust that he took from me relating to the male 7 population of the medical profession. 8 I can never trust another male physician 9 again. I never can trust a male again. I will never feel 10 safe again. I will always feel dirty. I will always feel 11 violated because of what he did to me. No one has the 12 right to make anyone feel this way. No one has the right 13 to make you feel violated the way he did me. I know I have 14 to live with this for the rest of my life, and I hope he 15 does, too. 16 I hope it follows him around like it follows 17 me around. I hope it makes him lose trust in things he is used to trust in like it has me. I hope it makes him fear 19 things in life now like it does me. And most importantly, 20 I may eventually forgive, but I will never ever forget what 21 he has done to me. 22 Just remember, sooner or later, you will 23 have to answer to God for what you did. 24 THE COURT: All right. Thank you. 25 MR. EBERT: And finally in the courtroom 18 I today is a victim with regard to Count 2-C, Sandrine 2 Simeon. Ma'am, do you wish to say anything? She has 3 indicated that she does not wish to speak. That would be 4 the conclusion of the Commonwealth. I would add for the 5 record that, all of these victims have been personally 6 spoken to by me and are aware fully of the plea agreement 7 that I have placed before the Court a-this Defendan`tas 8 agreed to. 9 THE COURT: All right. Mr. Tarman or Dr. 10 Manning, was there anything further that you wished to say? 11 MR. TARMAN: No, Your Honor. 12 THE DEFENDANT: No. 13 THE COURT: We'll enter this order. 14 (Whereupon, the following Order of Court was 15 entered:) 16 ORDER OF COURT 17 AND NOW, this 23rd day of September, 2002, 18 the Defendant, Richard G. Manning, now appearing in court 19 for arraignment with his privately retained counsel, Robert 20 N. Tarman, Esquire, and having through counsel waived a 21 formal reading of the information, and having been advised 22 of the times in which to request a bill of particulars, to 23 move for discovery, and to file and serve an omnibus 24 pretrial motion, and having, pursuant to a plea agreement 25 incorporated in Court's Exhibit 1, tendered pleas of guilty 19 1 at Count 2 to three counts of Indecent Assault, each graded 2 a misdemeanor of the second degree, and being deemed Counts 3 2-A, 2-B, and 2-C in the aforesaid plea agreement, and the 4 Commonwealth in the person of Merle L. Ebert, Jr., Esquire, 5 and Defendant and his counsel having agreed upon the 6 sentence to be imposed in this case as reflected in Court's 7 Exhibit 1, the Defendant's pleas of guilty are accep ted: 8 Pursuant to the plea agreement, the sentence 9 of the Court is as follows: 10 At Count 2-A, relating to the victim T.L.S., 11 and based upon an incident occurring on May 16, 2002, the 12 Defendant is sentenced to pay the costs of prosecution, a 13 fine of $250.00, and restitution in the amount of $108.38 14 to T.L.B., and to undergo imprisonment in the Cumberland 15 County Prison for a period of not less than 11 and a half 16 months nor more than 23 months. 17 At Count 2-B, relating to the victim B.L.K., 18 and based upon an incident or incidents occurring between 19 August 1 and September 30, 2000, the Defendant is sentenced 20 to pay the costs of prosecution, and a fine of $250.00, and 21 to undergo a period of county probation with supervision of 22 24 months, said sentence to run consecutive to the sentence 23 imposed at Count 2-A. 24 At Count 2-C, relating to the victim S.P.S., 25 and based upon an incident occurring on March 8, 1998, the 20 1 Defendant is sentenced to pay the costs of prosecution, and 2 undergo a period of county probation with supervision of 24 3 months, said sentence to run consecutive to the sentence 4 imposed at Count 2-A and concurrent with the sentence 5 imposed at Count 2-B. 6 These pleas have been entered in full 7 satisfaction of all charges at the above term and number 6 and of two uncharged incidents as outlined in the plea 9 agreement. 10 The Defendant will not be eligible for work 11 release until he has completed seven months of his 12 sentence, pursuant to the plea agreement. The sentences 13 imposed herein have been entered because they were agreed 14 upon between the Commonwealth and the Defendant and his 15 counsel at the time of the guilty plea. It is noted that 16 the sentences imposed herein are in the aggravated range of 17 the guidelines for the offenses pled to in accordance with is the plea agreement. 19 The District Attorney's office and the Clerk 20 of Courts are directed to effect the filing and docketing 21 of the guilty plea colloquy form executed by the Defendant. 22 By the Court, 23 /s/ J. Wesley Oler, Jr. J. 24 25 THE COURT: And Mr. Tarman, do you want me 21 1 to go over the Defendant's post-sentence rights? 2 MR. TARMAN: No, Your Honor, we'll waive 3 post-sentencing rights. 4 THE COURT: Mr. Ebert, is there anything 5 further that you think should be in that order? 6 MR. EBERT: Just with regard to the question 7 of these being aggravated range sentences. Obviously, in 8 allowing this Defendant to avoid prosecution at Count 1, 9 which were felonies of the second degrees, those had 10 considerably higher standard range sentences which would 11 have reached into state incarceration. I think I've stated 12 that correctly. That was part of our-- 13 MR. TARMAN: That's correct. And the doctor 14 understands that, certainly understands that. 15 THE COURT: Mr. Tarman, is there anything 16 else you think should be in that order? 17 MR. TARMAN: No, Your Honor. He has turned 18 over his medical license to me, and I'm making arrangements 19 with the state board. 20 THE COURT: All right. Thank you very much. 21 And court is adjourned. 22 (Whereupon, the proceeding concluded at 23 1:40 p.m.) 24 25 22 C E R T I F I C A T I O N I hereby certify that the proceedings are contained fully and accurate zn tthe notes tarn -by mein the above cause and that this is a correct transcript of same. 0A c Y ?\ Andy C. ger ? Officia Co rt R4port'a The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. G?c? ? lac? C?\ ???/ Date J. Wesley Olef) Jr.l? 23 CALDWELL & KEARNS JAMES R. CLIPPINGER CHARLES J. DEHART. III JAMES D. CAMPBELL. JR. JAMES L. GOLDSMITH JEFFREY T. McGUIRE- STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN RAY J. MICHALOWSKI -ALSO A MEMBER OF NJ BAR A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 January 19, 2004 OF COUNSEL RICHARD L. KEARNS CARL G. WASS THOMAS D. CALDWELL. JR. 11926-20011 717-232-7661 FAX: 717-232-2766 thetirm®caldwellkesms.com CERTIFIED MAIL NO. 7003 1010 0005 2862 2715 RETURN RECEIPT REQUESTED. Re: Dear Sirs/Madam: Teresa Bowen v. - and Richard G. Manning, M.D. My office represents Teresa Bowen. In May 2002, Ms. Bowen presented herself to b remove four lymph nodes. She was examined by Dr. Richard G. Manning. Hours after his initial examination of Ms. Bowen, Dr. Manning phoned Ms. Bowen and told her to come back to the office. He told her that he forgot to do a sonogram and asked that she come back after 5:30 P.M. When Ms. Bowen arrived, she found that only Dr. Manning was present. Dr. Manning instructed her to come back to an examination room for the sonogram. After performing the sonogram, Dr. Manning sexually assaulted Ms. Bowen. Under the pretext of further examination, Dr. Manning stuck his bare fingers around and inside Ms. Bowen's vagina. He then fondled Ms. Bowen's breasts from behind while his bare body, including his penis, rubbed up against Ms. Bowen's back. Dr. Manning placed Ms. Bowen in various physical positions exposing himself before Ms. Bowen rushed out of the office. Dr. Manning was subsequently arrested and charged with sexually assaulting Ms. Bowen, as well as two others. On September 23, 2002, Dr. Manning entered a plea of guilty to three counts of Indecent Assault and was sentenced to a period of incarceration of not less thanll 1/2 months nor more than 23 months, followed by a consecutive term of 4 years probation. Enclosed you will find a copy of the guilty plea and sentencing transcript from the criminal proceeding that the sexual assault had on her. Beginning on page 11 of the transcript, you can read in Ms. Bowen's own words the impact that the assault had on her. As a result of the assault, Ms. Bowen has sustained severe psychological damage and harm involving an adjustment disorder with anxiety, paranoia and post-traumatic distress order. The incident impacted her marriage as well. In the months following the incident, Ms. Bowen had no sex drive resulting in the discontinuance of sexual relations with her husband for several months. Ms. Bowen has received professional counseling and prescribed medication for her disorder. Medical records regarding the same will be famished upon request. Enclosed please find a draft of a Complaint to be filed in the Court of Common Pleas of Cumberland County. In the Complaint, my client seeks damages for her pain, distress, embarrassment, mental anguish and humiliation suffered as a result of the sexual assault. Should litigation be necessary, a loss of consortion claim on behalf of Ms. Bowen's husband will be added to the Complaint. As outlined in the draft Complaint, Dr. Manning's liability for his intentional acts is clear. We also believe that bears liability as well in negligence, as spelled out in the draft Complaint. There is no amount of compensation that could make Ms. Bowen whole for the damages she has suffered. I can tell you that jury verdicts in similar cases have surpassed $1 million. Nonetheless, my client is willing to provide you with the opportunity to reach a reasonable settlement in this matter prior to initiating litigation. For purposes of settling this case prior to the publicity, expense, and mental anguish associated with litigation, my client is willing to accept the sum of $400,000.00 to settle this matter. Please contact me within 30 days from the date of this letter, if you wish to discuss resolving this matter. Thank you for your prompt attention to this matter. Very truly yours, Do K. Marsico C DWELL & KEARNS DKM/dp Enclosures CC: Richard G. Manning, M.D. (with copy of Complaint) Teresa L. Bowen (w/o enclosures) 02-685/67270 TERESA L. BOWEN, 200 West Simpson Street Mechanicsburg, PA 17055 Plaintiff vs. RICHARD G. MANNING, M.D., 2092 Fairway Lane Harrisburg, PA 17112 and Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 40 CIVIL ACTION -LAW JURY TRLAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TERESA L. BOWEN, : IN THE COURT OF COMMON PLEAS 200 West Simpson Street CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, PA 17055 Plaintiff vs. NO. RICHARD G. MANNING, M.D., 2092 Fairway Lane - Harrisburg, PA 17112 and : CIVIL ACTION -LAW Defendants JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de ]as demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de ]a notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra soya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO ]NMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717).249-3166 2 TERESA L. BOWEN, 200 West Simpson Street Mechanicsburg, PA 17055 Plaintiff VS. RICHARD G. MANNING, M.D., 2092 Fairway Lane Harrisburg, PA 17112 and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW, comes the Plaintiff, Teresa L. Bowen, by and through her attorneys, Caldwell & Kearns, to aver as follows. 1. Plaintiff Teresa L. Bowen is an adult individual residing at 200 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The last-known address of Defendant Richard G. Manning, M.D., with a last known address of 2092 Fairway Lane, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant is a corporation duly organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, with a principal place of business at . Cumberland County, Pennsylvania. 4. At all times material hereto, Defendant Manning provided medical services as a physician and maintained a principal place of business at the aforesaid 3 and conducted a substantial and continual portion of his business in Cumberland County. 5. At all times material hereto, Defendant was a professional corporation employing Defendant Manning and others for the purpose of providing primarily surgical medical services, maintaining a principal place of business as aforesaid and conducting a substantial and continual part of their business in Cumberland County. 6. At all times material hereto, Defendant Manning was an agent, ostensible agent, servant and/or employee of Defendant acting within the scope and course of his employment and an the authority for an on the business of Defendant and under their control or right to control. 7. At all times material hereto, by and through Defendant Manning, its agent, ostensible agent, servant and/or employee was engaged in rendering professional surgical and medical care to those in need of such health services, including Plaintiff Bowen, and said agent, ostensible agent, servant and/or employee was acting within the course and scope of his employment and/or authority for and on the business of Defendant . and under its control or right to control. 8. At all times material hereto, Defendant Manning possessed a medical degree and specialized in general surgery and treated Plaintiff Bowen for a lump on the groin in his professional capacity as a licensed and board certified surgeon. 9. At all times material hereto, Defendant Manning was engaged in the practice of general surgery, hereinafter referred to as "treatment" and was obliged to bring to bear in the practice of his profession the professional skill, knowledge and care which he possessed and to pursue his profession in accordance with accepted standards of surgical treatment and care. 10. At all times relevant hereto, Defendant held itself out to the public and to Plaintiff as employing competent and skilled physicians, agents, servants, staff members and employees in connection with the medical treatment of their patients. 11. In or about April of 2002, Plaintiff Bowen came under the care of Defendant Manning for treatment of a possible hernia, underwent surgery by Defendant Manning on May 10, 2002 for removal of a lump on her groin, and remained under Defendant Manning's care until May 23, 2002. 12. On or about the morning of May 16, 2002, Plaintiff Bowen had an appointment for a post-operative examination with Defendant Manning at his office located at Later that afternoon the Plaintiff was contacted by Defendant Manning to return to his office that evening for a more thorough and less hurried examination. 13. Upon Plaintiff's arrival for the evening appointment, no other staff members or employees were present in the office of Defendant with Defendant Manning. 14. At the aforesaid time and place, Defendant Manning conducted a physical examination of the Plaintiff at which time he placed her into many different positions purporting to complete a much more thorough examination. 15. During the course of said physical examination, Defendant Manning conducted an inappropriate and improper examination of the Plaintiff by engaging in ungloved, sexual touching or contact of the Plaintiff's vaginal area without her consent. 5 COUNT ONE TERESA L. BOWEN vs. RICHARD G. MANNING, M.D. NEGLIGENCE 16. The averments in paragraphs 1 through 15 are incorporated herein by reference as if fully set forth. 17. The above-described incident and Plaintiffs resulting injuries were caused by the negligence and carelessness of Defendant Manning and consisted of, but are not limited to, the following: (a) Failing to properly care for and treat Plaintiff; (b) Failing to properly perform a medically approved post-operative examination or technique of examination; (c) Engaging in boundary violations in the course of his examination or treatment of Plaintiff, (d) Failing to inform Plaintiff of the process and purpose of the examination before, during, or after the examination; (e) Failing to provide post-operative care in conformance with the requisite standards of care; (f) Placing his own physical needs and desires before the medical welfare of the Plaintiff; (g) Abusing his doctor/patient relationship with the Plaintiff, (h) Violating, abusing and exploiting the doctor/patient relationship; (i) Violating the standards of ethics for licensed surgeons; 6 (j) Failing to perform a proper examination, testing or evaluation of the Plaintiff, (k) Engaging in inappropriate, improper and/or harmful physical contact with Plaintiff, and (1) Engaging in willful, wanton and reckless misconduct. 18. As a result of the negligence, carelessness, recklessness and other conduct of Defendant Manning, Plaintiff has sustained serious injuries including but not limited to severe psychological damage and harm involving an adjustment disorder with anxiety, paranoia and post-traumatic stress disorder, and aggravation of pre-existing psychological condition, all of which are permanent in nature, as a result of which she has suffered and may and probably will in the future continue to suffer emotional pain, distress, embarrassment, mental anguish and humiliation, and she has been and probably will in the future be hindered and prevented from attending to her usual and daily duties and occupation, to her great financial damage and loss. 19. As a result of the negligence, carelessness, recklessness and other conduct of Defendant Manning, Plaintiff has been caused and/or will be caused to expend or incur substantial expenses for medical, psychological or psychiatric treatment in an effort to treat and/or cure her injuries, to her great financial damage and loss. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs. COUNT TWO TERESA L. BOWEN vs. NEGLIGENCE 20. The averments in paragraphs 1 through 19 are incorporated herein by reference as if fully set forth. 21. The above-described incident and Plaintiff's resulting injuries were caused by the negligence and carelessness of Defendant and consisted of, but are not limited to, the following: (a) Negligently hiring and retaining Defendant Manning; (b) Failing to properly oversee, control and/or supervise the conduct of Defendant Manning; (c) Allowing Defendant Manning to engage in the proscribed conduct; (d) Failing to evaluation, promulgate and enforce reasonable and necessary rules and regulations for the, prohibition of, reporting of and prevention of sexual contact between physicians and patients; (e) Failing to prohibit examinations of females by physicians such as Defendant Manning in the absence of other staff members or female personnel; (f) Failing to investigate previous allegations of sexual misconduct against Defendant Manning; (g) Failing to uphold the proper standard of care to ensure the safety and well being of Plaintiff while being treated by Defendant Manning; 8 (h) Failing to properly evaluate the care provided by Defendant Manning to patients such that improper physical and/or sexual contact could be avoided; (i) Failing to recognize and/or ignoring that Defendant Manning was engaging in inappropriate and/or improper physical and/or sexual contact with patients; (j) Failing to suspend or discipline Defendant Manning for sexual misconduct; and (k) Permitting Defendant Manning to undertake the care and treatment of patients when they knew or should have known that he failed to possess the necessary knowledge, skill and judgment coupled with the appropriate professional integrity to treat such patients. 22. As a result of the negligence, carelessness, recklessness and other conduct of Defendant Plaintiff has sustained serious injuries including but not limited to severe psychological damage and harm involving an adjustment disorder with anxiety, paranoia and post-traumatic stress disorder, and aggravation of pre-existing psychological condition, all of which are permanent in nature, as a result of which she has suffered and may and probably will in the future continue to suffer emotional pain, distress, embarrassment, mental anguish and humiliation, and she has been and probably will in the future be hindered and prevented from attending to her usual and daily duties and occupation, to her great financial damage and loss. 23. As a result of the negligence, carelessness, recklessness and other conduct of Defendant , Plaintiff has been caused and/or will be caused to expend or 9 incur substantial expenses for medical, psychological or psychiatric treatment in an effort to treat and/or cure her injuries, to her great financial damage and loss. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs. COUNT THREE TERESA L. BOWEN vs. RICHARD G. MANNING, M.D. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 24. The averments in paragraphs 1 through 23 are incorporated herein by reference as if fully set forth. 25. At all times relevant hereto, Defendant Manning knew or should have known that by reason of his negligent conduct, it was foreseeable that Plaintiff would suffer severe emotional distress, physical illness and harm to her psychological well-being. 26. As a result of Defendant Manning's negligent conduct as aforesaid, Plaintiff did in fact suffer severe emotional distress, physical illness and harm to her physical and psychological well-being. 27. Plaintiff has suffered and continues to suffer from severe emotional distress and harm to her physical and psychological well-being as a result of the negligent acts of Defendant Manning. 28. Plaintiff's extreme mental and emotional anguish and distress have resulted from the negligent conduct of Defendant Manning which culminated in his sexual contact with her. 10 WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs. COUNT FOUR TERESA L. BOWEN vs. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 29. The averments in paragraphs 1 through 28 are incorporated herein by reference as if fully set forth. 30. At all times relevant hereto, Defendant knew or should have known that by reason of its negligent conduct, it was foreseeable that Plaintiff would suffer severe emotional distress, physical illness and harm to her psychological well-being. 31. As a result of Defendant negligent conduct as aforesaid, Plaintiff did in fact suffer severe emotional distress, physical illness and harm to her physical and psychological well-being. 32. Plaintiff has suffered and continues to suffer from severe emotional distress and harm to her physical and psychological well-being as a result of the negligent acts of Defendant 33. Plaintiff's extreme mental and emotional anguish and distress have resulted from the negligent conduct of Defendant Manning's sexual contact with her. which culminated with Defendant WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs. 11 COUNT FIVE TERESA L. BOWEN vs. RICHARD G. MANNING, M.D. ASSAULT & BATTERY 34. The averments in paragraphs 1 through 33 are incorporated herein by reference as if fully set forth. 35. At the time and place as hereinbefore described, Plaintiff was touched, fondled, undressed and sexually probed by Defendant Manning and caused to suffer indignities to her person. 36. By reason of the aforementioned acts and conduct of Defendant Manning, Plaintiff was placed in apprehension or fear of harm to herself. 37. By reason of the willful, wanton, outrageous and intentional acts of Defendant Manning, an assault and battery was committed upon Plaintiff, causing her to sustain the injuries as set forth herein. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs, attorney fees, punitive damages and any other relief as deemed appropriate. COUNT SIX TERESA L. BOWEN vs. ASSAULT & BATTERY 38. The averments in paragraphs 1 through 37 are incorporated herein as if fully set forth. 12 39. At the time and place as hereinbefore described, Plaintiff was touched, fondled, undressed and sexually probed by Defendant Manning as agent of Defendant and caused to suffer indignities to her person. 40. By reason of the aforementioned acts and conduct of Defendant , Plaintiff was placed in apprehension or fear of harm to herself. 41. By reason of the willful, wanton, outrageous and intentional acts of Defendant an assault and battery was committed upon Plaintiff, causing her to sustain the injuries as set forth herein. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs, attorney fees, punitive damages and any other relief as deemed appropriate. COUNT SEVEN TERESA L. BOWEN vs. RICHARD G. MANNING, M.D. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 42. The averments in paragraphs 1 through 41 are incorporated herein by reference as if fully set forth. 43. Plaintiff reposed trust and confidence in Defendant Manning as her treating surgeon. 44. As Plaintiff's treating surgeon, Defendant Manning owed Plaintiff a duty of trust and loyalty. 45. Defendant Manning breached his fiduciary duty to Plaintiff. 13 46. During Plaintiff's period of treatment with him, Defendant Manning engaged in outrageous and reckless conduct and otherwise abused his position of trust and authority with Plaintiff under the guise of professional treatment, including but not limited to, improper and harmful personal, physical and sexual contact with Plaintiff without her consent. 47. Defendant Manning utilized his status as a health care professional to gain an unfair advantage for himself with respect to the Plaintiff, thereby violating his duty of care, trust and loyalty toward her and breaching the ethical, fiduciary and professional obligations to which he was subject at all times. 48. In so acting with respect to Plaintiff, Defendant Manning, as a practicing physician, knew or should have known that severe emotional distress and other injuries were the likely result of his conduct. 49. As a direct and proximate result of Defendant Manning's conduct, Plaintiff's self esteem and ability to trust others has been substantially impaired, Defendant's actions have caused Plaintiff severe emotional distress and Plaintiff has suffered harm to her physical, psychological and psychiatric well-being together with anxiety, paranoia, and post-traumatic stress disorder. 50. Defendant Manning's conduct was extreme and outrageous, was beyond all bounds of decency and was utterly intolerable. 51. The emotional distress suffered by Plaintiff was so severe and of such a nature that no reasonable person could be expected to endure it. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs. 14 COUNT EIGHT TERESA L. BOWEN vs. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 52. The averments in paragraphs 1 through 51 are incorporated herein as if fully set forth. 53. Defendant by its conduct through its agent Defendant Manning, breached its fiduciary duty to Plaintiff. 54. Defendant conduct, through its agent Defendant Manning, was extreme and outrageous, was beyond all bounds of decency and was utterly intolerable. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs, attorney fees, punitive damages and any other relief as deemed appropriate. COUNT NINE TERESA L. BOWEN vs. RICHARD G. MANNING. M.D. PUNITIVE DAMAGES 55. The averments in paragraphs 1 through 54 are incorporated herein by reference as if fully set forth. 56. At all times pertinent and material hereto, Defendant Manning knew or should have known that sexual contact and/or physical touching of the Plaintiff without her consent 15 would be harmful to Plaintiff's emotional and physical well-being and inexcusable on his part in the context of providing medical treatment. 57. At all times pertinent and material hereto, Defendant Manning acted outrageously and with reckless disregard for Plaintiff's mental and physical health, safety and welfare. 58. At all time pertinent and material hereto, Defendant Manning acted willfully, wantonly and with reckless indifference to the rights, safety and health of the Plaintiff. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs, attorney fees, punitive damages and any other relief as deemed appropriate. COUNT TEN TERESA L. BOWEN vs. PUNITIVE DAMAGES 59. The averments in paragraphs 1 through 15 and 58 are incorporated herein by reference as if fully set forth. 60. At all times pertinent and material hereto, Defendant knew or should have known that sexual contact and/or physical touching of the Plaintiff without her consent would be harmful to Plaintiff's emotional and physical well-being and inexcusable on their part in the context of providing medical treatment. 61. At all times pertinent and material hereto, Defendant through its agent Defendant Manning, acted outrageously and with reckless disregard for Plaintiff's mental and physical health, safety and welfare. 16 J 62. At all time pertinent and material hereto, Defendant, through its agent Defendant Manning, acted willfully, wantonly and with reckless indifference to the rights, safety and health of the Plaintiff. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs, attorney fees, punitive damages and any other relief as deemed appropriate. Respectfully submitted, CALDWELL & KEARNS Dated: By: Douglas K. Marsico, Esquire Attorney I.D. No. 69804 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 02-685/66296 17 Thomas, Thomas & Hater, LLP Evan Black, Esquire Attorney I.D. # 17784 Derek D. Bahl, Esquire Attorney I.D. # 87851 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 IN RE: IN THE COURT OF COMMON PLEAS RICHARD G. MANNING, M.D. CUMBERLAND COUNTY, PENNSYLVANIA No.: CIVIL ACTION - EQUITY PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION PURSUANT TO Pa.R.C.P. 1531 Plaintiff XYZ Group, by and through its counsel, Thomas, Thomas & Hafer, LLP hereby requests that this Honorable Court issue ex parte a preliminary injunction against Defendant Teresa Bowen, and in support thereof states the following: This is an equity action filed by Plaintiff XYZ Group seeking permanent injunctive relieve. 2. XYZ Group provides medical services to patients in the greater Harrisburg/south central Pennsylvania area, and was formerly the employer of one Richard G. Manning, M.D. 3. Defendant Mrs. Bowen was a patient of Dr. Manning during his employment with XYZ Group. 4. On September 2, 2002, Dr. Manning entered a plea of guilty to charges of aggravated indecent assault, indecent assault and criminal attempt, stemming from certain conduct that he engaged in on various occasions while treating not only Mrs. Bowen, but also two other female patients. 5. Dr. Manning's guilty plea and sentencing colloquy were presided over by the Honorable J. Wesley Oler, Jr., of the Cumberland County Court of Common Pleas. (See Exhibit "A" to Plaintiff s Equity Complaint. A copy of Plaintiff s Equity Complaint, including all exhibits thereto except for this Motion, is attached hereto.) 6. XYZ Group terminated Dr. Manning's employment and publicly disavowed his conduct prior to his guilty plea. Indeed, Dr. Manning's conduct went well beyond the scope of his employment and authority with XYZ Group, and was undertaken without the knowledge or presumptive knowledge of XYZ Group. 8. It has come to XYZ Group's attention that Mrs. Bowen intends to file a civil lawsuit against both Dr. Manning and XYZ Group. 9. In fact, Mrs. Bowen's counsel, Douglas K. Marsico, Esquire, of Caldwell & Kearns, 3631 N. Front Street, Harrisburg, Pennsylvania, has provided XYZ Group with a draft civil complaint. (See Exhibit "B" to Plaintiff s Equity Complaint.) 10. Since Dr. Manning's alleged actions were undertaken outside the scope of Dr. Manning's employment with XYZ Group and without the knowledge or presumptive knowledge of XYZ Group, and since XYZ Group terminated Dr. Manning's employment and publicly disavowed his alleged actions, XYZ Group asserts that its anonymity should be maintained in any civil lawsuit filed by Mrs. Bowen stemming from Dr. Manning's alleged actions. 11. XYZ Group has a proprietary right to its good name, and immediate irreparable harm that cannot be compensated by mere money damages will result if Mrs. Bowen is permitted to proceed with a lawsuit in which XYZ Group is sued in its true corporate name. 12. Revealing XYZ Group's true corporate identity in a legal action filed by Mrs. Bowen relative to Dr. Manning's conduct would likely have a devastating effect upon XYZ Group's ability to provide medical services to patients in the greater Harrisburg area, and would therefore be damaging to the local community at large, in addition to damaging the reputation of XYZ Group. 11 For proof of this reality, one need look no further than the text of Dr. Manning's guilty plea and sentencing colloquy, specifically page 6, in which XYZ Group is referred to only byway of the pseudonym "XXX / KUFRPGB". (See Plaintiffs' Equity Complaint at Exhibit "A" p. 6). 14. Furthermore, Mrs. Bowen will not be harmed in any way if she is enjoined from filing suit against XYZ Group, pending disposition of Plaintiff s equity action. 15. On the other hand, as set forth above, XYZ Group will most certainly suffer substantial injury if Mrs. Bowen is not enjoined from filing suit pending resolution of this equity action. 16. Accordingly, for the reasons set forth above, this Court should issue, ex parte, an immediate injunction pursuant to Pa.R.C.P. 1531 enjoining Defendant Mrs. Bowen from filing any lawsuit against Dr. Manning and/or XYZ Group pending resolution of XYZ Group's equity action seeking permanent injunctive relief. V I WHEREFORE, Plaintiff XYZ Group respectfully requests that this Honorable Court issue a temporary injunction pursuant to Pa.R.C.P. 1531, consistent with the attached Order. Respectfully submitted, by Thomas, Thomas & Hafer, LLP Evan Black, Esquire Derek D. Bahl, Esquire 4 Thomas, Thomas & Hafer, LLP Evan Black, Esquire Attorney LD. # 17784 Derek D. Bahl, Esquire Attorney I.D. # 87851 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 IN RE: IN THE COURT OF COMMON PLEAS RICHARD G. MANNING, M.D. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION PURSUANT TO Pa.R.C.P. 1531 Plaintiff XYZ Group, by and through its counsel, Thomas, Thomas & Hafer, LLP hereby requests that this Honorable Court issue ex parte a preliminary injunction against Defendant Teresa Bowen, and in support thereof states the following: This is an equity action filed by Plaintiff XYZ Group seeking permanent injunctive relieve. XYZ Group provides medical services to patients in the greater Harrisburg/south central Pennsylvania area, and was formerly the employer of one Richard G. Manning, M.D. 3. Defendant Mrs. Bowen was a patient of Dr. Manning during his employment with XYZ Group. 4. On September 2, 2002, Dr. Manning entered a plea of guilty to charges of aggravated indecent assault, indecent assault and criminal attempt, stemming from certain conduct that he engaged in on various occasions while treating not only Mrs. Bowen, but also two other female patients. 5. Dr. Manning's guilty plea and sentencing colloquy were presided over by the Honorable J. Wesley Oler, Jr., of the Cumberland County Court of Common Pleas. (See Exhibit "A" to Plaintiffs Equity Complaint. A copy of Plaintiff's Equity Complaint, including all exhibits thereto except for this Motion, is attached hereto.) XYZ Group terminated Dr. Manning's employment and publicly disavowed his conduct prior to his guilty plea. Indeed, Dr. Manning's conduct went well beyond the scope of his employment and authority with XYZ Group, and was undertaken without the knowledge or presumptive knowledge of XYZ Group. 8. It has come to XYZ Group's attention that Mrs. Bowen intends to file a civil lawsuit against both Dr. Manning and XYZ Group. 9. In fact, Mrs. Bowen's counsel, Douglas K. Marsico, Esquire, of Caldwell & Kearns, 3631 N. Front Street, Harrisburg, Pennsylvania, has provided XYZ Group with a draft civil complaint. (See Exhibit "B" to Plaintiff s Equity Complaint.) 10. Since Dr. Manning's alleged actions were undertaken outside the scope of Dr. Manning's employment with XYZ Group and without the knowledge or presumptive knowledge of XYZ Group, and since XYZ Group terminated Dr. Manning's employment and publicly disavowed his alleged actions, XYZ Group asserts that its anonymity should be maintained in any civil lawsuit filed by Mrs. Bowen stemming from Dr. Manning's alleged actions. 11. XYZ Group has a proprietary right to its good name, and immediate irreparable harm that cannot be compensated by mere money damages will result if Mrs. Bowen is permitted to proceed with a lawsuit in which XYZ Group is sued in its true corporate name. 12. Revealing XYZ Group's true corporate identity in a legal action filed by Mrs. Bowen relative to Dr. Manning's conduct would likely have a devastating effect upon XYZ Group's ability to provide medical services to patients in the greater Harrisburg area, and would therefore be damaging to the local community at large, in addition to damaging the reputation of XYZ Group. 13. For proof of this reality, one need look no further than the text of Dr. Manning's guilty plea and sentencing colloquy, specifically page 6, in which XYZ Group is referred to only byway of the pseudonym "XXX / KUFRPGB". (See Plaintiffs' Equity Complaint at Exhibit "A„ p. 6). 14. Furthermore, Mrs. Bowen will not be harmed in any way if she is enjoined from filing suit against XYZ Group, pending disposition of Plaintiffs equity action. 15. On the other hand, as set forth above, XYZ Group will most certainly suffer substantial injury if Mrs. Bowen is not enjoined from filing suit pending resolution of this equity action. 16. Accordingly, for the reasons set forth above, this Court should issue, ex parte, an immediate injunction pursuant to Pa.R.C.P. 1531 enjoining Defendant Mrs. Bowen from filing any lawsuit against Dr. Manning and/or XYZ Group pending resolution of XYZ Group's equity action seeking permanent injunctive relief. I -Ifik WHEREFORE, Plaintiff XYZ Group respectfully requests that this Honorable Court issue a temporary injunction pursuant to Pa.R.C.P. 1531, consistent with the attached Order. Respectfully submitted, Thomas, Thomas & afer, LLP by Evan 511, Esquire Derek D. Bahl, Esquire 4 Thomas, Thomas & Hafer, LLP Evan Black, Esquire Attorney I.D. # 17784 Derek D. Bahl, Esquire Attorney I.D. # 87851 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 IN RE: RICHARD G. MANNING, M.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: CIVIL ACTION - EQUITY NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y le notificacion. Usted debe presentar una apatiencia escrita o en persona o por abogado y arachivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previou aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO RVIMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Thomas, Thomas & Hater, LLP Evan Black, Esquire Attorney I.D. # 17784 Derek D. Bahl, Esquire Attorney I.D. # 87851 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 IN RE: IN THE COURT OF COMMON PLEAS RICHARD G. MANNING, M.D. CUMBERLAND COUNTY, PENNSYLVANIA No.: CIVIL ACTION - EQUITY COMPLAINT IN EOUITY XYZ Group, by and through its counsel, Thomas, Thomas & Hafer, LLP, hereby files this Complaint in Equity, and in support thereof states the following: Plaintiff in this equity action is XYZ Group, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business in Cumberland County, Pennsylvania. 2. XYZ Group provides medical services to patients in the greater Harrisburg / south-central Pennsylvania area, and was formerly the employer of one Richard G. Manning, M.D. 3. Dr. Manning's last known address is 2092 Fairway Lane, Harrisburg, Dauphin County, Pennsylvania. 4. Defendant in this equity action is Teresa L. Bowen, an adult individual residing at 200 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania. 5. Mrs. Bowen was a patient of Dr. Manning during his employment with XYZ Group. f 6. On September 23, 2002, Dr. Manning entered a plea of guilty to charges of aggravated indecent assault, indecent assault and criminal attempt stemming from certain conduct that he engaged in on various occasions while treating not only Mrs. Bowen, but also two other female patients. Dr. Manning's guilty plea and sentencing colloquy was presided over by the Honorable J. Wesley Oler, Jr. of the Cumberland County Court of Common Pleas. (A copy of the transcript of those proceedings is attached hereto as Exhibit "A".) XYZ Group terminated Dr. Manning's employment and publicly disavowed his conduct prior to his guilty plea. 9. Indeed, Dr. Manning's conduct went well beyond the scope of his employment and authority with XYZ Group, and was undertaken without the knowledge or presumptive knowledge of XYZ Group. 10. It has come to XYZ Group's attention that Mrs. Bowen intends to file a civil lawsuit against both Dr. Manning and XYZ Group. 11. In fact, Mrs. Bowen's counsel, Douglas K. Marsico, Esquire of Caldwell & Kearns, 3631 N. Front Street, Harrisburg, Pennsylvania, has provided XYZ Group with a draft civil complaint. (Appropriately redacted copies of Mrs. Bowen's draft civil complaint, as well as a corresponding letter to XYZ Group prepared by Attorney Marsico, are attached hereto as Exhibit `B") 12. Since Dr. Manning's alleged actions were undertaken outside of the scope of Dr. Manning's employment with XYZ Group and without the knowledge or presumptive knowledge of XYZ Group, and since XYZ Group terminated Dr. Manning's employment and publicly 2 disavowed his alleged actions, XYZ Group asserts that its anonymity should be maintained in any civil lawsuit filed by Mrs. Bowen stemming from Dr. Manning's alleged actions. 13. XYZ Group has a proprietary right to its good name, and irreparable harm not compensable by mere money damages will result if Mrs. Bowen is permitted to proceed with a lawsuit in which XYZ Group is sued in its true corporate name and the proceedings are not kept under seal of court. 14. Revealing of XYZ Group's true corporate identity in any legal action filed by Mrs. Bowen relative to Dr. Manning's conduct could have a devastating effect upon XYZ Group's ability to provide medical services to patients in the greater Harrisburg area, and would therefore be damaging to the local community at large. 15. For proof of this reality, one need look no further than the text of Dr. Manning's guilty plea and sentencing colloquy, specifically page 6, in which XYZ Group is referred to only by way of the pseudonym "XXX / KUFRPGB". (See Exhibit "A" at page 6.) 16. Furthermore, Mrs. Bowen will not be harmed in any way if she is required to refer to XYZ Group using only the pseudonym "XYZ Group" in any lawsuit that she may file against Dr. Manning and/or XYZ Group, and/or if XYZ Group's anonymity is protected by way of conducting all proceedings and maintaining all filings under seal of court. 17. Accordingly, this court should require Mrs. Bowen to refer to XYZ Group using only the pseudonym "XYZ Group" in any civil lawsuit that she may file against Dr. Manning and/or XYZ Group using the pseudonym "XYZ Group". 18. In addition, for the same reasons set forth above, this Court should conduct any civil action filed by Ms. Bowen against XYZ Group under seal of Court, and maintain all pleadings and other filings in any such civil action under seal of Court. 3 ? t 19. Contemporaneously with this equity Complaint, Plaintiff XYZ Group has filed a Motion seeking an immediate preliminary injunction pursuant to Pa.R.C.P. 1531 enjoining Defendant Mrs. Bowen from filing any lawsuit naming or referencing XYZ Group in its true corporate name pending resolution of this equity action. (A copy of Plaintiff s Motion is attached hereto as Exhibit "C".) WHEREFORE, Plaintiff XYZ Group respectfully requests that this Honorable Court enter judgment in its favor, and issue an Order granting the relief requested in this Complaint. Respectfully submitted, Thomas, Thomas & Hafer, LLP by Evan Black, Esquire Derek D. Bahl, Esquire 305 N. Front Street POB 999 Harrisburg, PA 17108-0999 Date: 4 Thomas, Thomas & Hafer, LLP Evan Black, Esquire Attorney LD. # 17784 Derek D. Bahl, Esquire Attorney I.D. # 87851 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 IN RE: : IN THE COURT OF COMMON PLEAS RICHARD G. MANNING, M.D. : CUMBERLAND COUNTY, PENNSYLVANIA No.: CIVIL ACTION - EQUITY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Amended Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with this Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-1453 CRIMINAL TERM CHARGE: (2)INDECENT ASSAULT (2-A, 2-B, 2-C) RICHARD G. MANNING AFFIANT: DET. RICHARD DOUGHERTY OTN: H505810-4 IN RE: GUILTY PLEA AND SENTENCING COLLOOUY Proceedings held before the Honorable J. WESLEY OLER, JR., Judge, Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, September 23, 2002, commencing at 1:09 p.m. in Courtroom No. 1. APPEARANCES: Merle L. Ebert, Jr., Esquire District Attorney Robert N. Tarman, Esquire For the Defendant r I September 23, 2002 2 Courtroom No. 1 3 1:09 P.M. 4 MR. EBERT: Your Honor, we call the case 5 docketed aL 02-1753, Ccri-monWealth Richard G. Manning( on 6 charges of aggravated assault-- aggravated indecent 7 assault, I should say, indecent assault, and criminal --- 8 attempt. Mr. Manning is present in the courtroom with his 9 private counsel, Mr. Tarman, having indicated his desire to 10 enter a plea of guilty to these charges subject to a plea 11 agreement. 12 As I advised the Court earlier, Mr. Manning 13 was to appear tomorrow for formal arraignment in these 14 matters. Mr. Tarman indicates, he's willing to waive 15 formal arraignment at this time. 16 THE COURT: All right. Why don't we, for 17 the sake of the record, complete the arraignment. Dr. 18 Manning, you have 7 days from today's date in which to 19 request a bill of particulars from the District Attorney 20 under Pennsylvania Rule of Criminal Procedure 572, 14 days 21 from today's date to move for discovery under Pennsylvania 22 Rule of Criminal Procedure 573, and 30 days from today's 23 date to file and serve an omnibus pretrial motion for 24 relief under Pennsylvania Rules of Criminal Procedure 576 25 and 579, including motions to suppression evidence under 2 1 Pennsylvania Rule of Criminal Procedure 581. 2 These are time periods which, if you do 3 enter a plea of guilty today, you would not be taking 4 advantage of, but I still need to advise you as to what 5 they are. And Mr. Tarman, are you waiving a formal reading 6 of the information? 7 MR. TARMAN: We are, Your Honor. ---- 8 THE COURT: Mr. Ebert. 9 MR. EBERT: If I may proceed then, Your 10 Honor. As I indicated, this Defendant has indicated his 11 desire to enter a plea of guilty to three counts of 12 Indecent Assault, each would be graded a misdemeanor of the 13 second degree, subject to an agreement with the 14 Commonwealth. If I may outline that for you, Your Honor. 15 This Defendant will plead guilty to three 16 separate counts which I have indicated numerically as 17 Counts 2-A, 2-B, and 2-C. Count 2-A involves Teresa L. 18 Bowen on an offense which occurred on May 16th, 2002. 19 Count 2-2 is consolidated to consist of one incident 20 between August the 1st to September 30th of the year 2000. 21 And that count would involve the victim Brenda L. Kaiser. 22 And Count 2-C, a count on a victim Sandrine Simeon which 23 occurred on March 8th, 1998. These pleas are in full 24 satisfaction of all other charges pending against the 25 Defendant to include two additional counts of Indecent 3 1 Assault which have remained uncharged. 2 For the record, to protect the Defendant, 3 one of these uncharged incidents involves a nurse at Holy 4 Spirit Hospital which took place during the month of March 5 2002. The second uncharged incident involves a patient who 6 was seen at the Union Deposit Road office during July of 7 2001. - - -- 8 The Commonwealth is agreeing to a set 9 sentence in this case. That would be-- the sentence would 10 be on Count 2-A, a term of imprisonment in the Cumberland 11 County Prison for a period of 11 and a half months to 23 12 months; on Count 2-B, a term of 24 months county probation 13 to run consecutive to the sentence imposed at Count 2-A; 14 and on Count 2-C, a period of 24 months county probation, 15 to run consecutive to Count 2-A but concurrent with 2-B. =6 It's understood that, Defendant will not be 17 eligible for work release until he has completed seven 8 months of this sentence. The Defendant has voluntarily 39 agreed to surrender his license to practice medicine to the 20 Medical Board of Pennsylvania, Department of State. 21 It's understood that potential reinstatement 22 of the Defendant's medical license falls totally within the 23 discretion of the Medical Board of the Department of State. 24 Present here today is Attorney for the Department of State, 25 Gregory Olsavick, if the Court has any questions regarding 4 1 the procedures in that department. 2 The Defendant agrees to pay a fine to be 3 determined by the Court not to exceed $5000.00. The 4 Defendant agrees to pay restitution, which at this point is 5 to be paid for out-of-pocket expenses to the victim at 6 Count 2-A, Teresa Bowen, in the amount of $108.38. 7 The Defendant finally agrees to waive a 8 pre-sentence investigation and will stand committed to the 9 Cumberland County Prison immediately following sentencing, 10 assuming the Court will accept the plea. I'm prepared for 11 the factual admissions, if you want me to proceed. 12 THE COURT: All right. Mr. Tarman, is that 13 your understanding of the plea agreement? 14 MR. TARMAN: That's a fair and accurate 15 reading of our agreement, Your Honor. 16 THE COURT: All right. 17 MR. EBERT: For the record, I have reduced 16 that plea agreement to writing, both the Defendant and his. 19 counsel have executed it, and I'll enter that into the 20 record at the conclusion of these proceedings. 21 THE COURT: So we don't forget that, why 22 don't we do that right now. We'll have that marked as 23 Court's Exhibit 1. 24 (Whereupon, Court's Exhibit 1 was 25 marked for identification.) 5 1 THE COURT: Court's Exhibit 1 is admitted. 2 (Whereupon, Court's Exhibit 1 was 3 admitted into evidence.) 4 MR. EBERT: Regarding the factual admissions 5 of these pleas, with regard to Count 2-A, the victim being 6 Teresa L. Bowen, it's alleged that on or about 6 p.m. on 7 Thursday, May 16, 2002, this Defendant arranged for a - 8 private m eeting with Teresa Bowen at the xxx /KUFRPBG will 9 surgical group in East Pennsboro Township after normal 10 business hours. During the course of what purported to be 11 a medical examination, the Defendant placed the victim in 12 various physical positions exposing her genital area and 13 placed his fingers in her vagina without wearing surgical 14 gloves. During the course of this physical manipulation, 15 the Defendant pulled down his pants far enough to expose 16 his penis and touch the victim's person with his penis. 17 With regard to Count 2-B, the victim being 18 Brenda Kaiser, the Commonwealth alleges that, during the 19 period between August the 1st, 2000, and September 30th, 20 2000, in East Pennsboro Township and at an office in 21 Dauphin County, the Defendant, during the course of various 22 purported medical examinations, had the victim undress, 23 placed her in unusual and compromising positions, and 24 massaged and/or touched her vaginal area and breasts. On 25 at least two occasions, he developed an erect penis visible 6 1 through his clothing and rubbed the erect penis against the 2 back of the victim. 3 Finally, the third count listed as Count 4 2-C, with the victim being Sandrine P. Simeon, it's 5 alleged, on March the 8th, 1999, the Defendant, without 6 another person present, conducted a purported medical 7 examination of the victim. The Defendant had the victim - ---_ -- - 8 disrobe in his presence, placed her in various unusual 9 positions while observing her. At one point the. Defendant 10 placed his face in close proximity to her buttocks, and 11 then announced that he would be required to do an internal 12 gynecological examination whereby he inserted his finger 13 into the victim's vagina. The Defendant continued to 14 manipulate the victim's body, and during this time, the 15 victim noted that the Defendant's penis was erect and that 16 there was a wet spot on the surgical gown in the area of 17 his erect penis. 18 These would be the facts which would be 19 proven at least by the Commonwealth should this matter go .20 to trial. 21 THE COURT: All right. Mr. Tarman, is it 22 your client's desire to enter pleas of guilty as indicated? 23 MR. TARMAN: It is, Your Honor, 24 THE COURT: All right. And has the 25 Defendant filled out a guilty plea colloquy form? 7 1 MR. TARMAN: He has, Your Honor. 2 MR. EBERT: I'm in possession of it, Your 3 Honor. 4 THE COURT: Dr. Manning, you heard the 5 statements of the District Attorney as to what is alleged 6 to have happened. Are those statements true and correct? 7 THE DEFENDANT': Yes. 8 THE COURT: And do you understand the 9 penalties applicable to each of these offenses are a jail 10 sentence of as much as two years and a fine of as much as 11 $5000.00? 12 THE DEFENDANT: Yes. 13 THE COURT: And I am correct on that, am I 14 not? 15 MR. EBERT: That's correct. 16 MR. TARMAN: Yes, Your Honor. 17 MR. EBERT: All of them are misdemeanors of 18 the second degree. 19 THE COURT: And do you understand that, the 20 sentences could be made co run consecutively and the fines 21 could be made cumulative? 22 THE DEFENDANT: Yes. 23 THE COURT: Do you have any questions 24 regarding any of the information contained in the guilty 25 plea colloquy form which you signed? 0 1 THE DEFENDANT: No. 2 THE COURT: And do you have .any questions at 3 all regarding the plea agreement which has been made an 4 exhibit at this proceeding? 5 THE DEFENDANT: No. 6 THE COURT: Knowing everything that I've 7 told you, is it your desire to enter pleas of guilty to 8 three counts of Indecent Assault, each graded a misdemeanor 9 of the second degree, pursuant to the plea agreement that 10 has been entered of record? 11 THE DEFENDANT: Yes. 12 THE COURT: All right. Mr. Tarman, was 13 there anything you wanted to say prior to sentence? 14 MR. TARMAN: I think it's all contained, 15 Your Honor, in the agreement. I would ask for some 16 leniency on the fine. He's incurred, of course, attorney's 17 fees. He's been in rehabilitation. And that's been a 1s significant fee that he's paid. He's losing his license 19 and his livelihood. And he has three children in college. 20 So I ask the Court to consider that, 21 THE COURT: All right. Dr. Manning, was 22 there anything you wanted to say prior to sentence? 23 THE DEFENDANT: No. 24 MR. EBERT: We do have some of the victims 25 that wanted to address the court briefly. 9 1 THE COURT: Certainly. 2 MR. EBERT: I understand there's a 3 representative of Sexual Assault Rape Crisis to present 4 comments on behalf of the victim at Count 2-B, Brenda 5 Kaiser. Just state your name. 6 MS. EBERT: My name is Ann Brown Ebert. 7 MR. EBERT: W mere is Nrs : -Kaiser -today?---- 8 MS. EBERT: She is in Florida. 9 MR. EBERT: She did submit a form regarding 10 this case? 11 MS. EBERT: She did. 12 MR. EBERT: Okay. Would you please read it 13 for the Court? 14 MS. EBERT: I will be paranoid if I have to 15 go to a doctor other than my family doctor. I'm angry with 16 myself for not talking about my experiences with my 17 husband. The trust is lost for people in medical 18 backgrounds. Since the situation is out in the open, my 19 anxiety is horrible. 20 Counseling with victim services has helped 21 me know it isn't my fault and I am a victim, an innocent 22 person. I have blocked out the situation for two years. 23 Then once it was on the news, my anxiety level shot way up. 24 I did suffer from anxiety from time to time over the past 25 two years, but it has significantly increased. 10 I Once released from the hospital, I always 2 brought my husband to my follow-up appointments. I never 3 discussed what happened to anyone but my best friend who 4 told me it wasn't right and to report it. And I said, no 5 one would believe me, little old me over a professional who 6 is supposed to have ethics. Signed, Brenda Kaiser. 7 -------- THE COURT c Tharik yo ti. ----- - - --- 8 MR. EBERT: Teresa Bowen is present. She's 9 the victim with regard to Count 2-A. Ma'am, would you 10 please state your full name? 11 MS. BOWEN: Teresa Lynn Bowen. 12 MR. EBERT: You're going to have to speak up 13 so the court reporter can hear you. 14 MS. BOWEN: My name is Teresa Bowen.. My 15 family and I have been going through hell since this 16 incident on May 16th, 2002. Because of this incident, 17 there have been several occasions when detectives came to 18 my house during all times of the day. This has caused my 19 nine-year-old daughter to begin questioning me about what 20 the detectives were coming to our house for. 21 She was worried that either her father or 22 myself was in very serious trouble. This is very difficult 23 to explain to a nine-year-old the circumstances surrounding 24 the reasons for the detectives for many visits. I find 25 myself evading my daughter's questions and skirting around 11 I 1 the issue. 2 Eventually, I had to come up with something 3 to tell my daughter, but this is not something that you can 4 explain to a child. So my husband and I found ourselves 5 explaining to her that we were helping the detectives with 6 the police-- with a police matter, and we definitely were 7 not in any kind of trouble 8 It was more difficult to explain to my 9 daughter why I sat around the house all the time and never 10 felt like doing anything, even things with my daughter or 11 my husband. My daughter came to me one day and told me 12 that she was a big girl and that I could tell her what was 13 wrong and she would help me so I would not be upset 14 anymore. 15 This is very difficult knowing that I cannot 16 discuss this matter with my child, and I cannot accept the 17 comfort she tries to offer me without telling her the 18 reason. So I just told my daughter I was in pain from my 19 recent surgery and that I would be okay in a little while. 20 My daughter would do things to try and 21 alleviate my pain, but little did she know what she was 22 doing was not helping the real pain that I am dealing with. 23 It is very difficult dealing with these feelings around my 24 child. This is something that I will have to learn to deal 25 with until I f eel that she is old enough to understand what 12 1 is going on and until I feel I am comfortable enough to be 2 able to tell her what happened. 3 It is an experience I do not want my 4 daughter to hear about or learn the gory details at the 5 young age of nine. It is also very difficult for my 6 husband to deal with this matter. He does not understand 7 how a professional who you put trust in can do something 8 like this to totally disregard your feelings and trust that 9 you put in that particular person. 10 It is very difficult for him to understand 11 what I have been going through. For that matter, this is 12 very difficult for anyone who has not gone through this to 13 understand what the victim feels. My husband and I speak 14 very little of this matter. When we do speak about it, it 15 usually ends up being a very emotional discussion. 16 My husband is at a loss of what to, do. He 17 feels useless because he does not know how to handle the 18 situation, how to handle me, or what to do to comfort me in 19 my time of need. He is afraid to touch me because he does 20 not want to see the fear on my face. He is afraid to touch 21 me i n the way that he used to touch me, because he knows 22 that it would bring back bad mental images that I carry 23 with me at all times. 24 we do not have the sa me close relationship 25 that we had before May 16th. I have become very withdrawn 13 1 since this incident, and my husband does not know how to 2 deal with this.. He feels that he is somehow responsible 3 for what happened to me. No one is responsible for what 4 happened to me except for the Defendant. 5 This very traumatic incident has split our 6 family apart all because of what this monster did to me on 7 May 16th. Since May 16th, intimacy is not somefIfiing -t-hat---- 8 happens in my relationship anymore. My husband is afraid 9 to touch me, and I personally do not want him to touch me 10 right now. 11 When he does make any kind of romantic moves 12 towards me, I get flashbacks and I freak out right in front 13 of him. Because of my reaction to my husband's attempted 14 intimacy, he has given up trying to get close to me, and I, 15 unfortunately, do not seem to mind that he has done this. 16 When my husband tries to get intimate with me, all I can 17 see is his face, this monster's face. is I-know that we need to get counseling to get 19 us through this situation, but my husband feels that we can 20 and will get through this on our own. He does not 21 understand that there are some things that we cannot 22 discuss with each other without the help of a third party. 23 I do not know if our love life or our family 24 life, for that matter, will ever get back to the way it was 25 before May 16th. I work as a home health aide, and I 14 1 continue to do this job since this incident. I have found 2 that I have difficulty dealing with male patients. Now I 3 have paranoia being in the same room with a male by myself. 4 Therefore, my joh has seriously suffered because of this 5 incident. 6 So far, my employer has been very 7 understanding with my situa-Eion and-has-beer---sending-other---- 8 health aides to tends to new male patients. I do not know 9 how long my employer will be this understanding nor how 10 long I will have these feelings towards males. I am also 11 an EMT, and I now have a fear of being alone on the back of 12 an ambulance with my fellow male EMT's and male patients 13 when we go on a call. 14 Since this incident, I now see a counselor 15 to help me deal with this matter. I have been diagnosed 16 with post-traumatic stress disorder and paranoia. I go 17 into deep depression, and I have serious anxiety attacks 18 and migraines. I cannot sleep at night. I wake up in a 19 cold sweat with nightmares of the attack. 20 I relive the attack over and over again when 21 I'm sleeping or awake. Certain things remind me of the 22 attack. All I can picture is this monster's face glaring 23 at me, which in turn brings on a case of anxiety and mental 24 flashbacks. I am on so many medications right now to help 25 me settle down enough so that I can get through each day 15 1 one at a time. 2 I take sleeping pills to sleep, nerve 3 medication to settle me down, depression medication, 4 anxiety medication, and migraine medication each and every 5 day just to make it through that day. I feel like I am a 6 drug addict. I never in my life have been on so many 7 medications to mast through each.--Gozi-knows-what .8 this will do to my internal system. 9 I, myself, cannot understand how another 10 human being can inflict this kind of mental and physical 11 anguish on another human being. In my mind, this is not a 12 human being, instead a monster, a monster who used his 13 professional license, a monster who had the trust of the 14 community, a monster who had the trust of others in his 15 profession in the hospitals and staff, the co-workers, the 16 partners, a monster who had the trust of his family and 17 friends, a monster who took all that trust and used it to 18 violate the trust of his patients in this horrendous crime. 19 This so-called physician will never feel the 20 pain or horror that I felt and still feel. He will never 21 feel as dirty as I felt and still feel. He will never feel 22 the terror of always looking over one's shoulder that I 23 felt and still feel. He will never feel the anguish that I 24 felt and still feel. He will never feel the mistrust that 25 I felt and still feel. 16 I He will never feel the anger that I felt and 2 still feel. He will never feel the sickness that I felt 3 and still feel. He will never feel the violation both 4 physically and mentally that I felt and still feel. He 5 will never experience any of the feelings that I have to 6 live with on a day-to-day basis for the rest of my life. 7 I just wish this monster cool experience - - 8 for one day what I have to experience for the rest of my 9 life, what he is putting me through, what he is putting my 10 family through, and what he is putting my friends through, 11 the mental and the physical anguish, the fear, the family 12 problems, the financial problems, and the psychological 13 problems. 14 No matter what happens to this monster, my 15 family nor I will ever be the same. He has taken a lot 16 from me. He has taken my self-esteem which I may never get 17 back fully. He has taken my trust in male physicians from is me. He has taken my trust from most males in me as I do. 19 not feel that I can be alone or trust males right now. 20 He has taken my freedom from me, because I 21 will always feel his presence whether I am at home or in a 22 public place. He has taken my 11-year marriage and thrown 23 it into shambles. He has taken my family life from me. He 24 has taken my health from me, and his actions have outright 25 changed my whole life and not for the good. 17 1 No matter how much time this monster does, 2 what he loses could never be enough or it could ever erase 3 what he did to me and my family. There is no punishment on 4 this Earth that would ever be enough for what this monster 5 did to me and his other patients. No one can ever replace 6 the trust that he took from me relating to the male 7 population of the medical profession. 8 I can never trust another male physician 9 again. I never can trust a male again. I will never feel 10 safe again. I will always feel dirty. I will always feel 11 violated because of what he did to me. No one has the 12 right to make anyone feel this way. No one has the right 13 to make you feel violated the way he did me. I know I have 14 to live with this for the rest of my life, and I hope he 15 does, too. 16 I hope it follows him around like it follows 17 me around. I hope it makes him lose trust in things he 18 used to trust in like it has me. I hope it makes him fear 19 things in life now like it does me. And most importantly, 20 I may eventually forgive, but I will never ever forget what 21 he has done to me. 22 Just remember, sooner or later, you will 23 have to answer to God for what you did. 24 THE COURT: All right. Thank you. 25 MR. E13ERT: And finally in the courtroom 18 1 today is a victim with regard to Count 2-C, Sandrine 2 Simeon. Ma'am, do you wish to say anything? She has 3 indicated that she does not wish to speak. That would be 4 the conclusion of the Commonwealth. I would add for the 5 record that, all of these victims have been personally 6 spoken to by me and are aware fully of the plea agreement 7 that I have placed before the Court awn -this ]5e endanti 8 agreed to. 9 THE COURT: All right. Mr. Tarman or Dr. 10 Manning, was there anything further that you wished to say? 11 MR. TARMAN: No, Your Honor. 12 THE DEFENDANT: No. 13 THE COURT: We'll enter this order. 14 (Whereupon, the following order of Court was 15 entered:) 16 ORDER OF COURT 17 AND NOW, this 23rd day of September, 2002, 18 the Defendant, Richard G. Manning, now appearing in court 19 for arraignment with his privately retained counsel, Robert 20 N. Tarman, Esquire, and having through counsel waived a 21 formal reading of the information, and having been advised 22 of the times in which to request a bill of particulars, to 23 move for discovery, and to file and serve an omnibus 24 pretrial motion, and having, pursuant to a plea agreement 25 incorporated in Court's Exhibit 1, tendered pleas of guilty 19 I at Count 2 to three counts of Indecent Assault, each graded 2 a misdemeanor of the second degree, and being deemed Counts 3 2-A, 2-B, and 2-C in the aforesaid plea agreement, and the 4 Commonwealth in the person of Merle L. Ebert, Jr., Esquire, 5 and Defendant and his counsel having agreed upon the 6 sentence to be imposed in this case as reflected in Court's 7 Exhibit 1, the Defendant's pleas of guilty are accepted: - 8 Pursuant to the plea agreement, the sentence 9 of the Court is as follows: 10 At Count 2-A, relating to the victim T.L.B., 11 and based upon an incident occurring on May 16, 2002, the 12 Defendant is sentenced to pay the costs of prosecution, a 13 fine of $250.00, and restitution in the amount of $108.38 14 to T.L.B., and to undergo imprisonment in the Cumberland 15 County Prison for a period of not less than 11 and a half 16 months nor more than 23 months. 17 At Count 2-B, relating to the victim B.L.K., 18 and based upon an incident or incidents occurring between 19 August 1 and September 30, 2000, the Defendant is sentenced 20 to pay the costs of prosecution, and a fine of $250.00, and 21 to undergo a period of county probation with supervision of 22 24 months, said sentence to run consecutive to the sentence 23 imposed at Count 2-A. 24 At Count 2-C, relating to the victim S.P.S., 25 and based upon an incident occurring on March 8, 1998, the 20 1 Defendant is sentenced to pay the costs of prosecution, and 2 undergo a period of county probation with supervision of 24 3 months, said sentence to run consecutive to the sentence 4 imposed at Count 2-A and concurrent with the sentence 5 imposed at Count 2-B. 6 These pleas have been entered in full 7 satisfaction of all charges at the above term and number 8 and of two uncharged incidents as outlined in the plea 9 agreement. 10 The Defendant will not be eligible for work 11 release until he has completed seven months of his 12 sentence, pursuant to the plea agreement. The sentences 13 imposed herein have been entered because they were agreed 14 upon between the Commonwealth and the Defendant and his 15 counsel at the time of the guilty plea. It is noted that 16 the sentences imposed herein are in the aggravated range of 17 the guidelines for the offenses pled to in accordance with 18 the plea agreement. 19 The District Attorney's office and the Clerk 20 of Courts are directed to effect the filing and docketing 21 of the guilty plea colloquy form executed by the Defendant. 22 By the Court, 23 /sl J. Wesley Oler, Jr. J. 24 25 THE COURT: And Mr. Tarman, do you want me 21 1 to go over the Defendant's post-sentence rights? 2 MR. TARMAN: No, Your Honor, we'll waive 3 post-sentencing rights. 4 THE COURT: Mr. Ebert, is there anything 5 further that you think should be in that order? 6 MR. EBERT: Just with regard to the question 7 of these being aggravated range sentences. Obviously, in 8 allowing this Defendant to avoid prosecution at Count 1, 9 which were felonies of the second degrees, those had 10 considerably higher standard range sentences which would 11 have reached into state incarceration. I think I've stated 12 that correctly. That was part of our-- 13 MR. TARMAN: That's correct. And the doctor 14 understands that, certainly understands that. 15 THE COURT: Mr. Tarman, is there anything 16 else you think should be in that order? 17 MR. TARMAN: No, Your Honor. He has turned 18 over his medical license to me, and I'm making arrangements 19 with the state board. 20 THE COURT: All right. thank you very much. 21 And court is adjourned. 22 (Whereupon, the proceeding concluded at 23 1:40 p.m.) 24 25 22 C E R T I F I C A T I O N I hereby certify that the proceedings are contained fully and accurate-Iy in tthe notes taken by me on the above cause and that this is a correct transcript of same. Aeny IrA (11 11-1 I'll, C. ger 1 Officia Co rt Re , Forf er The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Oe? ?00? Date ' J. Wesley Ole Jr. J.? 23 JAMES R. CLIPPINGER CHARLES J. DEHART. III JAMES D. CAMPBELL. JR, JAMES L. GOLDSMITH JEFFREY T. McGUIRE- STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN RAY J. MICHALOWSKI -ALSO A MEMBER OF NJ BAR f ?JAN CALDWELL 5L KEARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW OF COUNSEL RICHARD L, KEARNS CARL G. WASS 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 THOMAS 0. CALDWELL. JR. - 11928.20011 January 19, 2004 717-232.7681 FAX: 717-232.2798 theff"CcaldwelIkeamSoom CERTIFIED MAIL NO. 7003 1010 0005 2862 2715 RETURN RECEIPT REQUESTED Re: Dear Sirs/Madam: Teresa Bowen v. " and Richard G. Manning, M.D. My office represents Teresa Bowen. In May 2002, Ms. Bowen presented herself to `o remove four lymph nodes. She was examined by Dr. Richard G. Manning, Hours after his initial examination of Ms. Bowen, Dr. Manning phoned Ms. Bowen and told her to come back to the office. He told her that he forgot to do a sonogram and asked that she come back after 5:30 P.M. When Ms. Bowen arrived, she found that only Dr. Manning was present. Dr. Manning instructed her to come back to an examination room for the sonogram. After performing the sonogram, Dr. Manning sexually assaulted Ms. Bowen. Under the pretext of further examination, Dr. Manning stuck his bare fingers around and inside Ms. Bowen's vagina. He then fondled Ms. Bowen's breasts from behind while his bare body, including his penis, rubbed up against Ms. Bowen's back. Dr. Manning placed Ms. Bowen in various physical positions exposing himself before Ms. Bowen rushed out of the office. Dr. Manning was subsequently arrested and charged with sexually assaulting Ms. Bowen, as well as two others. On September 23, 2002, Dr. Manning entered a plea of guilty to three counts of Indecent Assault and was sentenced to a period of incarceration of not less.than 11 'h months nor more than 23 months, followed by a consecutive term of 4 years probation. Enclosed you will find a copy of the guilty plea and sentencing transcript from the criminal proceeding that the sexual assault had on her. Beginning on page 11 of the transcript, you can read in Ms. Bowen's own words the impact that the assault had on her. As a result of the assault, Ms. Bowen has sustained severe psychological damage and harm involving an adjustment disorder with anxiety, paranoia and post-traumatic distress order. The incident impacted her marriage as well. In the months following the incident, Ms. Bowen had no sex drive resulting in the discontinuance of sexual relations with her husband for several months. Ms. Bowen has received professional counseling and prescribed medication for her disorder. Medical records regarding the same will be furnished upon request. Enclosed please find a draft of a Complaint to be filed in the Court of Common Pleas of Cumberland County. In the Complaint, my client seeks damages for her pain, distress, embarrassment, mental anguish and bumiliation suffered as a result of the sexual assault. Should litigation be necessary, a loss of consortion claim on behalf of Ms. Bowen's husband will be added to the Complaint. As outlined in the draft Complaint, Dr. Manning's liability for his intentional acts is clear. We also believe that bears liability as well in negligence, as spelled out in the draft Complaint. There is no amount of compensation that could make Ms. Bowen whole for the damages she has suffered. I can tell you that jury verdicts in similar cases have surpassed $1 million. Nonetheless, my client is willing to provide you with the opportunity to reach a reasonable settlement in this matter prior to initiating litigation. For purposes of settling this case prior to the publicity, expense, and mental anguish associated with litigation, my client is willing to accept the sum of $400,000.00 to settle this matter. Please contact me within 30 days from the date of this letter, if you wish to discuss resolving this matter. Thank you for your prompt attention to this matter. Very truly yours, Do K. Marsico C DWELL & KEARNS DKMldp Enclosures CC: Richard G. Manning, M.D. (with copy of Complaint) Teresa L. Bowen (w/o enclosures) 02-685/67270 TERESA L. BOWEN, 200 West Simpson Street Mechanicsburg, PA 17055 Plaintiff vs. RICHARD G. MANNING, M.D., 2092 Fairway Lane Harrisburg, PA 17112 and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 40CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TERESA L. BOWEN, : IN THE COURT OF COMMON PLEAS 200 West Simpson Street : CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, PA 17055 Plaintiff vs. NO. RICHARD G. MANNING, M.D., 2092 Fairway Lane Harrisburg, PA 17112 and CIVIL ACTION -LAW : JURY TRIAL DEMANDED Defendants AVISO USTED RA SIDO DEMANDADO(A EN CORTE. Si usted desea defenderse de ]as demandas que se presentan mas adelante en ]as siguientes paginas, debe tomar acci6n dentro de Jos pr6ximos veinte (20) dial despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede sty dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE FAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717).249-3166 TERESA L. BOWEN, 200 West Simpson Street Mechanicsburg, PA 17055 Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. RICHARD G. MANNING, M.D., -2092 Fairway Lane Harrisburg, PA 17112 and CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW, comes the Plaintiff, Teresa L. Bowen, by and through her attorneys, Caldwell & Kearns, to aver as follows. I. Plaintiff Teresa L. Bowen is an adult individual residing at 200 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The last-known address of Defendant Richard G. Manning, M.D., with a last known address of 2092 Fairway Lane, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant is a corporation duly organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, with a principal place of business at . Cumberland County, Pennsylvania. 4. At all times material hereto, Defendant Manning provided medical services as a physician and maintained a principal place of business at the aforesaid 3 and conducted a substantial and continual portion of his business in Cumberland County. 5. At all times material hereto, Defendant , was a professional corporation employing Defendant Manning and others for the purpose of providing primarily surgical medical services, maintaining a principal place of business as aforesaid and conducting a substantial and continual part of their business in Cumberland County. 6. At all times material hereto, Defendant Manning was an agent, ostensible agent, servant and/or employee of Defendant acting within the scope and course of his employment and an the authority for an on the business of Defendant and under their control or right to control. At all times material hereto, by and through Defendant Manning, its agent, ostensible agent, servant and/or employee was engaged in rendering professional surgical and medical care to those in need of such health services, including Plaintiff Bowen, and said agent, ostensible agent, servant and/or employee was acting within the course and scope of his employment and/or authority for and on the business of Defendant and under its control or right to control. 8. At all times material hereto, Defendant Manning possessed a medical degree and specialized in general surgery and treated Plaintiff Bowen for a lump on the groin in his professional capacity as a licensed and board certified surgeon. 9. At all times material hereto, Defendant Manning was engaged in the practice of general surgery, hereinafter referred to as "treatment" and was obliged to bring to bear in the practice of his profession the professional skill, knowledge and care which he possessed and to pursue his profession in accordance with accepted standards of surgical treatment and care. 4 10. At all times relevant hereto, Defendant held itself out to the public and to Plaintiff as employing competent and skilled physicians, agents, servants, staff members and employees in connection with the medical treatment of their patients. IL . In or about April of 2002, Plaintiff Bowen came under the care of Defendant Manning for treatment of a possible hernia, underwent surgery by Defendant Manning on May 10, 2002 for removal of a lump on her groin, and remained under Defendant Manning's care until May 23, 2002. 12. On or about the morning of May 16, 2002, Plaintiff Bowen had an appointment for a post-operative examination with Defendant Manning at his office located at Later that afternoon the Plaintiff was contacted by Defendant Manning to return to his office that evening for a more thorough and less hurried examination. 13. Upon Plaintiff's arrival for the evening appointment, no other staff members or employees were present in the office of Defendant with Defendant Manning. 14. At the aforesaid time and place, Defendant Manning conducted a physical examination of the Plaintiff at which time he placed her into many different positions purporting to complete a much more thorough examination. 15. During the course of said physical examination, Defendant Manning conducted an inappropriate and improper examination of the Plaintiff by engaging in ungloved, sexual touching or contact of the Plaintiff's vaginal area without her consent. COUNT ONE TERESA L. BOWEN vs. RICHARD G. MANNING, M.D. NEGLIGENCE 16. The averments in paragraphs 1 through 15 are incorporated herein by reference as if fully set forth. 17. The above-described incident and Plaintiff's resulting injuries were caused by the negligence and carelessness of Defendant Manning and consisted of, but are not limited to, the following: (a) Failing to properly care for and treat Plaintiff; (b) Failing to properly perform a medically approved post-operative examination or technique of examination; (c) Engaging in boundary violations in the course of his examination or treatment of Plaintiff, (d) Failing to inform Plaintiff of the process and purpose of the examination before, during, or after the examination; (e) Failing to provide post-operative care in conformance with the requisite standards of care; (f) Placing his own physical needs and desires before the medical welfare of the Plaintiff; (g) Abusing his doctor/patient relationship with the Plaintiff, (h) Violating, abusing and exploiting the doctor/patient relationship; (i) Violating the standards of ethics for licensed surgeons; 6 (j) Failing to perform a proper examination, testing or evaluation of the Plaintiff, (k) Engaging in inappropriate, improper and/or harmful physical contact with Plaintiff, and (1) Engaging in willful, wanton and reckless misconduct. 18. As a result of the negligence, carelessness, recklessness and other conduct of Defendant Manning, Plaintiff has sustained serious injuries including but not limited to severe psychological damage and harm involving an adjustment disorder with anxiety, paranoia and post-traumatic stress disorder, and aggravation of pre-existing psychological condition, all of which are permanent in nature, as a result of which she has suffered and may and probably will in the future continue to suffer emotional pain, distress, embarrassment, mental anguish and humiliation, and she has been and probably will in the future be hindered and prevented from attending to her usual and daily duties and occupation, to her great financial damage and loss. 19. As a result of the negligence, carelessness, recklessness and other conduct of Defendant Manning, Plaintiff has been caused and/or will be caused to expend or incur substantial expenses for medical, psychological or psychiatric treatment in an effort to treat and/or cure her injuries, to her great financial damage and loss. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs. COUNT TWO TERESA L. BOWEN vs. NEGLIGENCE 20. The averments in paragraphs 1 through 19 are incorporated herein by reference as if fully set forth. 21. The above-described incident and Plaintiff's resulting injuries were caused by the negligence and carelessness of Defendant and consisted of, but are not limited to, the following: (a) Negligently hiring and retaining Defendant Manning; (b) Failing to properly oversee, control and/or supervise the conduct of Defendant Manning; (c) Allowing Defendant Manning to engage in the proscribed conduct; (d) Failing to evaluation, promulgate and enforce reasonable and necessary rules and regulations for the,prohibition of, reporting of and prevention of sexual contact between physicians and patients; (e) Failing to prohibit examinations of females by physicians such as Defendant Manning in the absence of other staff members or female personnel; (f) Failing to investigate previous allegations of sexual misconduct against Defendant Manning; (g) Failing to uphold the proper standard of care to ensure the safety and well being of Plaintiff while being treated by Defendant Manning; 8 (h) Failing to properly evaluate the care provided by Defendant Manning to patients such that improper physical and/or sexual contact could be avoided; (i) Failing to recognize and/or ignoring that Defendant Manning was engaging in inappropriate and/or improper physical and/or sexual contact with patients; (j) Failing to suspend or discipline Defendant Manning for sexual misconduct; and (k) Permitting Defendant Manning to undertake the care and treatment of patients when they knew or should have known that he failed to possess the necessary knowledge, skill and judgment coupled with the appropriate professional integrity to treat such patients. 22 Defendant Plaintiff has sustained serious injuries including but not limited to severe psychological damage and harm involving an adjustment disorder with anxiety, paranoia and post-traumatic stress disorder, and aggravation of pre-existing psychological condition, 0 of which are permanent in nature, as a result of which she has suffered and may and probably will in the future continue to suffer emotional pain, distress, embarrassment, mental anguish and humiliation, and she has been and probably will in the future be hindered and prevented from attending to her usual and daily duties and occupation, to her great financial damage and loss. 23. As a result of the negligence, carelessness, recklessness and other conduct of Defendant , Plaintiff has been caused and/or will be caused to expend or As a result of the negligence, carelessness, recklessness and other conduct of 9 incur substantial expenses for medical, psychological or psychiatric treatment in an effort to treat and/or cure her injuries, to her great financial damage and loss. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs. COUNT THREE TERESA L. BOWEN vs. RICHARD G. MANNING, M.D. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 24. The averments in paragraphs 1 through 23 are incorporated herein by reference as if fully set forth. 25. At all times relevant hereto, Defendant Manning knew or should have known that by reason of his negligent conduct, it was foreseeable that Plaintiff would suffer severe emotional distress, physical illness and harm to her psychological well-being. 26. As a result of Defendant Manning's negligent conduct as aforesaid, Plaintiff did in fact suffer severe emotional distress, physical illness and harm to her physical and psychological well-being. 27. Plaintiff has suffered and continues to suffer from severe emotional distress and harm to her physical and psychological well-being as a result of the negligent acts of Defendant Manning. 28. Plaintiff's extreme mental and emotional anguish and distress have resulted from the negligent conduct of Defendant Manning which culminated in his sexual contact with her. 10 WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs. COUNT FOUR TERESA L. BOWEN vs. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 29. The averments in paragraphs I through 28 are incorporated herein by reference as if fully set forth. 30. At all times relevant hereto, Defendant knew or should have known that by reason of its negligent conduct, it was foreseeable that Plaintiff would suffer severe emotional distress, physical illness and harm to her psychological well-being. 31. As a result of Defendant negligent conduct as aforesaid, Plaintiff did in fact suffer severe emotional distress, physical illness and harm to her physical and psychological well-being. 32. Plaintiff has suffered and continues to suffer from severe emotional distress and harm to her physical and psychological well-being as a result of the negligent acts of Defendant 33. Plaintiff's extreme mental and emotional anguish and distress have resulted from the negligent conduct of Defendant Manning's sexual contact with her. which culminated with Defendant WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs. 11 COUNT FIVE TERESA L. BOWEN vs. RICHARD G. MANNING, M.D. ASSAULT & BATTERY 34. The averments in paragraphs 1 through 33 are incorporated herein by reference as if fully set forth. 35. At the time and place as hereinbefore described, Plaintiff was touched, fondled, undressed and sexually probed by Defendant Manning and caused to suffer indignities to her person. 36. By reason of the aforementioned acts and conduct of Defendant Manning, Plaintiff was placed in apprehension or fear of harm to herself. 37. By reason of the willful, wanton, outrageous and intentional acts of Defendant Manning, an assault and battery was committed upon Plaintiff; causing her to sustain the injuries as set forth herein. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs, attorney fees, punitive damages and any other relief as deemed appropriate. COUNT SIX TERESA L. BOWEN vs. ASSAULT & BATTERY 38. The averments in paragraphs 1 through 37 are incorporated herein as if fully set forth. 12 39. At the time and place as hereinbefore described, Plaintiff was touched, fondled, undressed and sexually probed by Defendant Manning as agent of Defendant and caused to suffer indigniti es to her person. 40. By reason of the aforementioned acts and conduct of Defendant Plaintiff was placed in apprehension or fear of harm to herself. 41. By reason of the willful, wanton, outrageous and intentional acts of Defendant an assault and battery was committed upon Plaintiff, causing her to sustain the injuries as set forth herein. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs, attorney fees, punitive damages and any other relief as deemed appropriate. COUNT SEVEN TERESAL. BOWEN vs. RICHARD G. MANNING, M.D. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 41 The averments in paragraphs 1 through 41 are incorporated herein by reference as if fully set forth. 43. Plaintiff reposed trust and confidence in Defendant Manning as her treating surgeon. 44. As Plaintiff's treating surgeon, Defendant Manning owed Plaintiff a duty of trust and loyalty. 45. Defendant Manning breached his fiduciary duty to Plaintiff. 13 46. During Plaintiff's period of treatment with him, Defendant Manning engaged in outrageous and reckless conduct and otherwise, abused his position of trust and authority with Plaintiff under the guise of professional treatment, including but not limited to, improper and harmful personal, physical and sexual contact with Plaintiff without her consent. 47. Defendant Manning utilized his status as a health care professional to gain an unfair advantage for himself with respect to the Plaintiff, thereby violating his duty of care, trust and loyalty toward her and breaching the ethical, fiduciary and professional obligations to which he was subject at all times. 48. In so acting with respect to Plaintiff, Defendant Manning, as a practicing physician, knew or should have known that severe emotional distress and other injuries were the likely result of his conduct. 49. As a direct and proximate result of Defendant Manning's conduct, Plaintiff's self esteem and ability to trust others has been substantially impaired, Defendant's actions have caused Plaintiff severe emotional distress and Plaintiff has suffered harm to her physical, psychological and psychiatric well-being together with anxiety, paranoia, and post-traumatic stress disorder. 50. Defendant Manning's conduct was extreme and outrageous, was beyond all bounds of decency and was utterly intolerable. 51. The emotional distress suffered by Plaintiff was so severe and of such a nature that no reasonable person could be expected to endure it. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs. 14 COUNT EIGHT TERESA L. BOWEN vs..' INTENTI6NAL INFLICTION OF EMOTIONAL DISTRESS 52. The averments in paragraphs 1 through 51 are incorporated herein as if fully set forth. 53. Defendant by its conduct through its agent Defendant Manning, breached its fiduciary duty to Plaintiff. 54. Defendant conduct, through its agent Defendant Manning, was extreme and outrageous, was beyond all bounds of decency and was utterly intolerable. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs, attorney fees, punitive damages and any other relief as deemed appropriate. COUNT NINE TERESA L. BOWEN vs. RICHARD G. MANNING, M.D. PUNITIVE DAMAGES 55. The averments in paragraphs 1 through 54 are incorporated herein by reference as if fully set forth. 56. At all times pertinent and material hereto, Defendant Manning knew or should have known that sexual contact and/or physical touching of the Plaintiff without her consent 15 would be harmful to Plaintiff's emotional and physical well-being and inexcusable on his part in the context of providing medical treatment. 57. At all times pertinent and material hereto, Defendant Manrting acted outrageously and with reckless disregard for Plaintiff's mental and physical health, safety and welfare. 58. At all time pertinent and material hereto, Defendant Manning acted willfully, wantonly and with reckless indifference to the rights, safety and health of the Plaintiff. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs, attorney fees, punitive damages and any other relief as deemed appropriate. COUNT TEN TERESA L. BOWEN vs. PUNITIVE DAMAGES 59. The averments in paragraphs 1 through 15 and 58 are incorporated herein by reference as if fully set forth. 60. At all times pertinent and material hereto, Defendant; knew or should have known that sexual contact and/or physical touching of the Plaintiff without her consent would be harmful to Plaintiff's emotional and physical well-being and inexcusable on their part in the context of providing medical treatment. 61. At all times pertinent and material hereto; Defendant through its agent Defendant Manning, acted outrageously and with reckless disregard for Plaintiff's mental and physical health, safety and welfare. 16 1 .1 62, At all time pertinent and material hereto, Defendant. through its agent Defendant Manning, acted willfully, wantonly and with reckless indifference to the rights, safety and health of the Plaintiff. WHEREFORE, Plaintiff Teresa L. Bowen respectfully requests that this Honorable Court enter judgment in her favor and against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs, attorney fees, punitive damages and any other relief as deemed appropriate. Respectfully submitted, CALDWELL & KEARNS Dated: By: Douglas K. Marsico, Esquire Attorney I.D. No. 69804 3631 North Front Street Harrisburg, PA 17110 (717)232-7661 Attorney for Plaintiff 02-685166296 17 FEB 2 6 2004 IN RE: RICHARD G. MANNING, M.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - EQUITY AFFIDAVIT AND NOW comes Paul Kunkel, being duly sworn according to law, deposes and says as follows: He is an adult individual and competent to make this affidavit. 2. He is one of the shareholders and owners in a Pennsylvania corporation identified for purposes of this affidavit as "XYZ Group," which corporation is the Plaintiff in this action. He makes this affidavit on behalf of that equity. 3. By virtue of his ownership interest in, employment by, and managerial responsibilities for that corporation, he is familiar with the facts set out in this affidavit. 4. XYZ Group employed Richard G. Manning, M.D., as a professional employee for a period of time which ended in June of 2002. During the time that Dr. Manning was employed by XYZ Group, without the knowledge of that group or any of its other employees or representatives, Dr. Manning committed a series of criminal acts involving sexual assault upon women to whom XYZ Group was providing services or had previously provided services. 5. Dr. Manning was arrested in June of 2002 and prosecuted for those criminal acts. As a result of his arrest, prosecution, guilty plea, and sentencing, XYZ Group was exposed to significant, harmful and adverse publicity and information. b. As a result of the adverse publicity and misinformation regarding XYZ Group that resulted from Dr. Manning's prosecution, XYZ Group suffered various injuries, losses, and damages, which included: A. The loss of relationship with persons to whom it was providing treatment and other potential persons to whom it could have provided treatment; and, B. The loss of confidence and goodwill with physicians who referred persons to XYZ Group for professional care or treatment; and C. An actual loss of referrals for some period of time; and D. An interruption of its normal professional, business, and office procedures, as a result of its employees and staff having to respond to and answer questions regarding Dr. Manning and his prosecution; and Disruption and destabilizing interference with the performance of their duties by professional employees of XYZ Group, made necessary by having to respond questions and correct misinformation regarding Dr. Manning and his relationship with XYZ Group and XYZ Group's lack of knowledge of Dr. Manning's misconduct at anytime before his arrest; and A general demoralization of the staff and professional employees of XYZ Group as a result of the disruption of their normal business and professional operations and the distractions of dealing with the adverse publicity, misinformation, and questions about Dr. Manning's conduct. At the time that Dr. Manning's arrest and prosecution was first published, the operation of XYZ Group's offices were disrupted by continuing telephone calls and other communication from the press, communications from professionals who referred persons to XYZ Group for care, and customers or 2 patients of XYZ Group, all requesting information regarding Dr. Manning's conduct, the continued viability and operation of XYZ Group and Dr. Manning's involvement with XYZ Group, and other information relating to Dr. Manning's problems. These repeated communications resulted in XYZ Group hiring additional temporary security staff in an effort to avoid unnecessary interference with its operations, at cost and expense to XYZ Group. 8. Despite the disruption to its operations caused by the above matters, XYZ Group and its staff and professional employees cooperated fully with the Cumberland County District Attorney's Office and all other authorities to provide information required for the successful prosecution of Dr. Manning and the resolution of the criminal charges and related problems arising out of his misconduct. 9. Since the prosecution and sentencing of Dr. Manning, and the adverse publicity and misinformation which resulted, XYZ Group and its staff and professional employees have devoted significant personal, professional, and business effort to recover from the damage done to XYZ Group by the adverse publicity and misinformation which resulted in Dr. Manning's prosecution. 10. XYZ Group has been advised that one of the women who claims to have been sexually assaulted or abused by Dr. Manning now intends to file a civil action for damages and intends to file that action against both Dr. Manning and XYZ Group. 11. Filing of this new action, and the additional adverse publicity which will result from it, will renew and repeat the problems caused to XYZ Group by the criminal prosecution of Dr. Manning. Moreover, because the civil litigation is 3 likely to last longer and result in additional procedures, it is likely that the civil action will result in greater publicity that the criminal prosecution of Dr. Manning in 2002. 12. XYZ Group believes that the new civil action, and the publicity which is likely to result from it, will cause irreparable and lasting damage to XYZ Group and its employees, professional staff, and the persons to whom it renders professional care, such as the damage and injury described in Paragraph 6 above. 13. XYZ Group relies upon its professional reputation to obtain business from the public and from other professionals who refer persons to XYZ Group for care. A renewal and magnification of the adverse publicity previously caused by Dr. Manning's misconduct will jeopardize and ruin the good professional and public reputation of XYZ Group, and its members. 14. XYZ Group was not involved in or aware of Dr. Manning's conduct and its employees, staff, and professional members are innocent of any misconduct which caused any injury to any of the persons injured by Dr. Manning and his conduct. Paul Kunkel Sworn to and subscribed before me this z5 +* day of pbf-Karr 2004. /?4- Notary Public NOTARIAL SEAL LYNN ENRENFELD, NOTARY PUBLIC MY COMMISSION EXPIRES AUG 17, 004 4 IN RE: : IN THE COURT OF COMMON PLEAS OF RICHARD G. MANNING, M.D. : CUMBERLAND COUNTY, PENNSYLVANIA 04-0835 EQUITY ORDER OF COURT AND NOW, this 27th day of February, 2004, a hearing on the plaintiff's motion for a preliminary injunction shall be conducted at 1:30 p.m., Thursday, March 11, 2004, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By rt, Edgar B. Bayley, J. Evan Black, Esquire Samuel Andes, Esquire 3-o/-UY Douglas Marsico, Esquire P :sal 1 yy SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00835 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND XYZ GROUP RE:RICHARD G MANNING VS BOWEN TERESA L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BOWEN L TERESA but was unable to locate Her deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 17th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R., Thomas Kline Dep Dauphin Cc 29.25 Sheriff of Cumberland County .00 66.25 03/17/2004 THOMAS THOMAS HAFER Sworn and subscribed to before me this /9, day of ?7 u? o20p f A. D. 7v- Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania XYZ Group Re: Richard G. Manning MD vs. Teresa L. Bowen SERVE: Douglas Marisco as attorney for No. 04-835 civil Teresa L. Bowen Now, February 27, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to , 20 , at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 120 _ COSTS SERVICE $ MILEAGE AFFIDAVIT of le ?$hrxrff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania XYZ GROUP RE: RICHARD G MANNING vs County of Dauphin MARSICO DOUGLAS ATTORNEY FOR TERESA L Sheriff's Return No. 1503-T - - -2004 OTHER COUNTY NO. 04-835 AND NOW:March 4, 2004 at 11:45AM served the within COMPLAINT IN EQUITY upon MARSICO DOUGLAS ATTORNEY FOR TERESA L by personally handing BOWEN CALDWELL & KEARNS PC to DOUGLAS MARSICO ESQ 1 true attested copy(ies) of the original COMPLAINT IN EQUITY to him/her the contents thereof at 3631 NORTH FRONT ST HBG, PA 17110-0000 Sworn and subscribed to before me this 9TH day f MARCH, 20*. ., T W 1 PROTHONOTARY and making known So Answers, Sheriff of phi 7ty Pa. By puty Sheriff Sheriff's Costs. $29.25 PD 03/03/2004 RCPT NO 189488 ET Curtis R. Long Prothonotary office of the Protbonotarp Curnberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 614 - 8 5 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573