Kelley, M. v. Pittman, L.

150 A.3d 59, 2016 Pa. Super. 237, 2016 Pa. Super. LEXIS 633
CourtSuperior Court of Pennsylvania
DecidedNovember 4, 2016
Docket384 MDA 2016
StatusPublished
Cited by9 cases

This text of 150 A.3d 59 (Kelley, M. v. Pittman, L.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelley, M. v. Pittman, L., 150 A.3d 59, 2016 Pa. Super. 237, 2016 Pa. Super. LEXIS 633 (Pa. Ct. App. 2016).

Opinion

OPINION BY

STEVENS, P.J.E.:

Appellant Laurie S. Pittman, Ph.D., appeals from the discovery order entered on February 18, 2016, in the Court of Common Pleas of Cumberland County which revised the information the trial court had ordered her to disclose to Appellee Mark E. Kelley in its prior discovery order entered on February 4, 2016. For the reasons that follow, we hold that the pretrial discovery orders at issue are immediately appealable pursuant to the collateral order doctrine, and we reverse.

The trial court set forth the relevant facts and procedural history herein as follows:

Statement of Facts and Procedural History
Though the instant action was commenced in 2014, it has at its root the drawn out and proeedurally torturous divorce and custody action between [Appellee] and Jessica Kelley, docketed to No. 2010-06305 in the Cumberland County Court of Common Pleas. In the course of that action, Jessica Kelley engaged the services of [Appellant][ 1 ] for the performance of a custody evaluation. The custody evaluation was performed; however, it was performed without [Appellee’s] consent or participation. The evaluation relied solely on documentary evidence and interviews provided by Jessica Kelley and the children, all conducted in one day, during a roughly six hour long period. The roughly forty page custody evaluation report contained recommendations regarding custody arrangements, as well as recommending that [Appellee] undergo therapy. The custody evaluation report was entered into evidence, and [Appellant] testified with regard to the contents of the report, over [Appellee’s] objection.
[Appellee] commenced the case by the filing of a writ of summons on November 29, 2014. [Appellant] entered a rule to file complaint on the [Appellee] on or about January 05, 2015. [Appellee] filed the Complaint on February 09, 2015, and served both Defendants, [Appellant] and Beacon Psychological Association. [Appellee] alleged that his character was *62 defamed by [Appellant’s] report and the dissemination of the report to other mental health professionals and to the [c]ourt. [Appellee] also alleged that [Appellant] was negligent in preparing her evaluation without any input from [Ap-pellee], despite [Appellant] noting in her report that Jessica Kelley was at times untruthful and attempting to manipulate the findings of the report. [Appellee’s] certificate of merit as to [Appellant] was filed on March 10, 2015.
On March 25, 2015, [Appellant] filed preliminary objections to [Appellee’s] complaint, which were listed for oral argument before a panel of this [c]ourt. On April 09, 2015, [Appellee] entered a default judgment against Defendant, Beacon Psychological Association. On April 21, 2015, this [c]ourt entered an Order overruling [Appellant’s] preliminary objections. An answer with new matter was filed by [Appellant] on May 08, 2015. [Appellee] filed a reply to [Appellant’s] new matter on May 28, 2015.
On September 16, 2015, [Appellee] filed the motion to compel supplemental discovery at the heart of the instant appeal. [Appellant] filed a response to the motion on September 30, 2015; [Ap-pellee] filed a reply to [Appellant’s] response on October 14, 2015; and the matter was scheduled for oral argument on October 22, 2015. Following the sudden and unexpected incapacitation of [Appellant’s] counsel, the oral argument was continued until January 22, 2016, to allow [Appellant] to present her position on the motion to compel discovery. In the interim, on October 28, 2015, [Appellant] filed an objection to [Appellee’s] subpoena for the production of documents and records.
On January 22, 2016, this [c]ourt heard [Appellant’s] oral argument on this matter and took the parties’ positions under advisement. On February 04, 2016, this [c]ourt entered the appealed-from Order, which read in relevant part (emphasis original):
Accordingly, IT IS HEREBY ORDERED AND DIRECTED that [Appellant] shall disclose to [Appellee] the following:
1. [Appellant’s] date of birth.
2. [Appellant’s] current home address.
3. For each legal matter in which she testified as an expert witness since 2012 she will provide the caption of each case, the county which the case was filed and the date on which she testified.
4. All documents and records [Appellant] reviewed in preparation of her expert report in the case of [Appel-lee] v. Jessica Kelley, No. 10-6305 Civil, Cumberland County, Pennsylvania.
5. Copies of all tests completed by Jessica Kelley and her children in connection with the custody evaluation report she prepared in the case of [Appellee] v. Jessica Kelley, 10-6305 Civil, Cumberland County, Pennsylvania^]
On February 18, 2016, following communication with counsel for both parties, this [c]ourt issued a second Order, clarifying and limiting the material to be disclosed by expressly prohibiting disclosure of [Appellant’s] home address by [Appellee’s] counsel to [Appellee]. [Appellant] filed her motion for reconsideration on February 19, 2016; [Appellee] filed his reply on February 24, 2016; and [Appellant] filed her sur-reply on February 26, 2016. On March 04, 2016, this [c]ourt denied [Appellant’s] motion for reconsideration and declined to certify this discovery matter as fitting for an interlocutory appeal pursuant to 42 Pa. *63 C.S.A. § 702.[ 2 ] [Appellant] filed her notice of appeal to the Superior Court on March 07, 2016.

Trial Court Opinion, filed 5/9/15, at 2-5.

On March 21, 2016, Appellant filed her concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b), which spanned three pages and contained twelve numbered errors. On May 9, 2016, the trial court filed its opinion pursuant to Pa.R.A.P. 1925(a).

In her brief, Appéllant presents the following statement of the questions involved:

1. Whether the trial court erred by granting Appellee[’s] [ ] Motion to Compel discovery and ordering the disclosure of confidential mental health records of non-parties whose safety and well-being would be jeopardized by the disclosure of such records to a known abuser?
2. Whether the trial court erred by ordering the disclosure of mental health records of non-parties in violation of the psychologist-patient privilege, HIPPA, and statutory prohibitions against the release of confidential records of an abuse counselor?
3. Whether the trial court erred by ordering the disclosure of Appellants] [ ] home address to counsel for Appellee [ ] where [Appellant] had previously reported [Appellee] to ChildLine and where [Appellant] fears for the safety of her ailing husband and disabled children who reside with her?

Brief of Appellant at 5.

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Cite This Page — Counsel Stack

Bluebook (online)
150 A.3d 59, 2016 Pa. Super. 237, 2016 Pa. Super. LEXIS 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelley-m-v-pittman-l-pasuperct-2016.