HomeMy WebLinkAbout03-13-78
MCCREA & MCCREA
ATTORNEYS AT LAw
NEWVILLE & SHIPPENS8URli
PEHNA.
[N RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
ESTATE OF ROBERT CLOUSE,
AN ALLEGED INCOMPETENT
NO. 45 ORPHANS 1978
OBJECTIONS TO
PETITIONER'S INTERROGATORIES
TO ALLEGED INCOMPETENT
Robert Clouse, by his counsel John McCrea III, Esquire,
and pursuant to Rule 4005(b), Pa.R.C.P., makes the following ob-
jections to petitioner's interrogatories filed in the above-
captioned proceedings:
Interrogatories No.2, 3 and 4: The information sought
in these interrogatories (names and addresses of all
physicians, neurologists, sufgeons, or other doctors who
have treated, tested or diagnosed the condition of Robert
Clouse; the services rendered, the interval over which the
services were rendered, the treatment and medications pre-
scribed, and the tests and studies ordered and conducted for
Robert Clouse; and the names and addresses of all institutions
where Robert Clouse has received treatment or been observed
concernredg his condition arising out of the incident in March,
1976) is entirely too broad. This information, going back
two years, is not reasonably related to the issue of whether
or not Robert Clouse is presently incompetent to manage his
own affairs. Moreover, this information, has, in the main,
been developed by Robert Clouse and his counsel, in anticipation
of a civil cause of action arising out of the accident in March
1976 being litigated. The petitioner in this proceeding is not
a party to that cause of action and should, therefore, not have
access to that information.
Also, the information sought can only relate to matter
which falls within the physician-patient privilege existing
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MCCREA & MCCREA
ATTORNEYS AT LAW
NEWVILLE & SHIPPENSBURG
PENNA.
between Robert Clouse and the doctors whose names are sought in
these interrogatories. This being the case, the information is
not available for petitioner for this reason.
Finally, the information is sought in bad faith, not for
the purposes of preparing for the incompetency hearing, but
rather for the purposes of interfering with settlement
negotiations between Robert Clouse, or his representatives,
and the representatiues of the potential defendants in the
hereinbeforementioned civil cause of action. Petitioner is
attempting to insert herself into a petition where she can
either hold up settlement of that cause of action or obtain
a percentage of the settlement proceeds for herself.
For all of these reasons, these interrogatories are
objectionable.
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