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Home My WebLink About00-01237 - " lP, MAR 0 r 2000tP CAUSE NO. 342-178020-99 ~ ~ ~ ~ ~ ~ ~ ~ RYAN STEVEN HELLING, JASON ~ CHRISTOPHER ESTES, JEREMY THOMAS ~ CRASE, WlLLIAM HENRY COOK, ill, 9 JONATHAN WAYNE STOKES, JASON BAKER 9 WlLLIAM ANDREW ADAMEZ, STEPHEN 9 OLAN VENABLE, RODNEY BLAKE RAMICK, 9 RICHARD EVANS EASTLAKE, NEll- T. 9 WHITMORE, JOHN THOMAS BRENDER, ~ ALAN DAVID GOODE, MICHAEL ANDREW 9 MASON, CHRIS HALASKA, RUSSELL 9 WAYNE SIMPSON, EACH INDIVIDUALLY 9 AND AS MEMBERS OF THE PHI KAPPA 9 SIGMA FRATERNITY, SIGMA CHAPTER, 9 PHI KAPPA SIGMA FRATERNITY, INC, 9 PHI KAPPA SIGMA FOUNDATION, SCOTT 9 ~I~ 9 9 ~ JACK IVEY, SR. AND JUDITH IVEY, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF JACK IVEY, JR. Plaintiffs, vs. Defendants. IN THE DISTRICT COURT r 1'1 -rt'l. <-- (! (}U/f of r!Awl.l'loU'Y\.. IJt eOLS ~kAttML(!v~ 1M- !7J ' ,'. /) L(f1J- /d...37 ~ TARRANT COUNTY, TEXAS (') s: lllrg ~;;':2 6d ~\~ r:t::) J:; C) bel PC: 2..: =< o o o -n -; f-~J1 "'~" -iIX' ~~.~ ~~) -r ri ~~~ ~3 (:5111 ~ :D -< -;;;:;0 :,1:; :p. ::;:: :.J1 ...... 342ND JUDICIAL DISTRICT ORDER GRANTING PETITION FOR ISSUANCE OF SUBPOENA FOR DEPOSITION UPON WRITTEN QUESTIONS On this the t r(i, day of M V ~ l , 2000, came on for hearing Plaintiffs' Petition for Issuance of Subpoena for Deposition Upon Written Questions and request for issuance of subpoena, and the Court havmg considered Plaintiffs' Petition finds that good cause exists for the entry of an Order authorizing the issuance of a subpoena in the State of ORDER Page 1 ~, " , ,", .--.,"<._""~_",~~-",_,'?,, ,,;~~,,~~_,,_ _~ ,0,... n-~'r_ ~'e._,~'"""'_, <>_, ,~ ~ ~- '.' ,- Pennsylvania for Mary Spellman, Dean of Student Affairs, Student Activities Office, Dickinson College, College and Wilder Street, Carlisle, PA 17013. IT IS THEREFORE, ADJUDGED AND DECREED that a Pennsylvania subpoena shall be issued for the taking of the deposition on written questions of Mary Spellman, Dean of Student Affairs, Student Activities Office, Dickinson College, College and Wilder Street, Carlisle, P A 17013. SIGNED this (l It day of Mvd." , 2000. j~ ~-,~/~+-~ ORDER Page 2 ~ ,-~- '-''''''>0'''''' -"'''-,r",--'''- -,,- . -~ .'", ?-',"","", ~~- - .-'_.00'._'" .- _<'{<'_ -,-'-~ ~_ =,- ,,'~ .,' -^~ ' . - I'~~--- ,""_.~ - " - , "",.""",,_,:9 _", 'r.~. ,,~----- ~- ,', ~,,,-, CAUSE NO. 342-178020-99 JACK IVEY, SR, AND JUDITH IVEY, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF JACK IVEY, JR. ~ ~ ~ ~ ~ ~ ~ ~ RYAN STEVEN HELLING, JASON ~ CHRISTOPHER ESTES, JEREMY THOMAS ~ CRASE, WILLIAM HENRY COOK, III, ~ JONATHAN WAYNE STOKES, JASON BAKER ~ WILLIAM ANDREW ADAMEZ, STEPHEN ~ OLAN VENABLE, RODNEY BLAKE RAMICK, ~ RICHARD EVANS EASTLAKE, NEIL T. ~ WHITMORE, JOHN THOMAS BRENDER, ~ ALAN DAVID GOODE, MICHAEL ANDREW ~ MASON, CHRIS HALASKA, RUSSELL ~ WAYNE SIMPSON, EACH INDIVIDUALLY ~ AND AS MEMBERS OF THE PHI KAPP A ~ SIGMA FRATERNITY, SIGMA CHAPTER, ~ PHI KAPPA SIGMA FRATERNITY, INC" ~ PHI KAPPA SIGMA FOUNDATION, SCOTT ~ MUHLI~ ~ Defendants. ~ IN THE DISTRICT COURT Plaintiffs, vs. TARRANT COUNTY, TEXAS 342ND JUDICIAL DISTRICT PETITION FOR ISSUANCE OF SUBPOENA FOR DEPOSITION UPON WRITTEN OUESTlONS TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Plaintiffs, Jack Ivey, Sr. and Judith Ivey, each Individually and As Representatives of the Estate of Jack Ivey, Jr., and file this their Petition to Issue Subpoena for Deposition Upon Written Questions, who respectfully petition the Court as follows: 1.01 Petitioners are Jack Ivey, Sf. and Judith Ivey, each Individually and As PETITION FOR ISSUANCE OF SUBPOENA FOR DEPOSITION UPON WRITTEN QUESTIONS Page 1 , - - - - - , .-_""~_ ,I'_-_""":,,c-\~^,,_;-,__ , -'::~~ '-,,",""n ,-~_,,,,,^,;~_, '_" ",<" ' ,-.-" - -,~ ':'" __"_", _",n_'__' '~',' ".__ "' h _+ _ _ ~_,'__~ __~_, ~';' , Representatives of the Estate ofJack Ivey, Jr. 1.02 The litigation arises out of the death of Jack and Judith Ivey's son, Jack Ivey, Jr. styled, Cause No, 342-178029-99; Jack Ivey, Sr, and Judith Ivey, Individually and as Representative of the Estate of Jack Ivey, Jr, vs, Ryan Steven Helling, Jason Christopher Estes, Jeremy Thomas Crase, William Henry Cook, IIL Jonathan Wayne Stokes, Jason Baker, William Andrew Adamez, Stephen Olan Venable, Rodney Blake Rennick, Richard Evans Eastlake, Neil T. Whitmore, John Thomas Brender, Alan David Goode, Michael Andrew Mason, Chris Halaska, Russell Wayne Simpson, each Individually and as Members of the Phi Kappa Sigma Fraternity, Sigma Chapter, Phi Kappa Sigma Fraternity, Inc., Phi Kappa Sigma Foundation, and Scott Muhligwhich is pending in Tarrant County, Texas. 1.03 An order signed by the Honorable Bob McGrath, 342nd Judicial District Court, Tarrant County, Texas is attached hereto as Exhibit "A" which authorizes the issuance of subpoena by this Court and for the taking of the deposition of Mary Spellman, Dean of Student Affairs, Student Activities Office, Dickinson College, College and Wilder Street, Carlisle, P A 17013, 1.04 The Notice of Deposition Upon Written Questions is attached to this petition as Exhibit "B". 1. 05 The case pending in Tarrant County, Texas has an April 14, 2000 deadline in which the Depositions Upon Written Question must be complete. 2.00 RELIEF REOUESTED Accordingly, the Plaintiffs request that this Court issue a subpoena for the taking of the Deposition on Written Questions on the records custodian named herein above. PETITION FOR ISSUANCE OF SUBPOENA FOR DEPOSITION UPON WRITTEN QUESTIONS Page 2 -~,>- - -7; >-"'''-__ """',- "'_";~-'7 ...." , ., - - -_~_,-;-~, -,,; -_-c" "', ,_~ ,"""';."', --0-..' ~-- "O"'_o7{^_"1i'c_ ._" ",. '>', . -~, Respectfully submitted, /' / JERRY M. I Texas Birr No. HighlanH Park lace 4514 C Ie Ave e, 18th Floor Dallas, exas 5205 (214) 5 -0 0 (214) 521-5485 Fax ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing has been sent to all counsel of record on the day of March, 2000, by the following means: u.s. Certified Mail Return Receipt Requested Facsimile Hand-Delivery O:\JMW\IVEY\PLEAD\DWQ\DICKINSO PETITION FOR ISSUANCE OF SUBPOENA FOR DEPOSITION UPON WRITTEN QUESTIONS Page 3 r,._~~, " " ,-.-,.,> -> -. ",'",. ."'-. ',."" _'" ' =. ,__~,_~ ,'" ,.~,-,_~OW<-< _"., _"_'" __'!'-~~__ -=- . I,'" '~, 1 ,,~-,-_~___._ .,,~~ _.. ,', ~- ._~. EXHIBIT "A" ,~~ . '_"C CAUSE NO. 342-178020-99 s s s s s s s S RYAN STEVEN HELLING, JASON s CHRISTOPHER ESTES, JEREMY THOMAS S CRASE, WILLIAM HENRY COOK, ill, S JONATHAN WAYNE STOKES, JASON BAKER s WILLIAM ANDREW ADAMEZ, STEPHEN S OLAN VENABLE, RODNEY BLAKE RAMICK, S RICHARD EVANS EASTLAKE, NEIL T. S WIDTMORE, JOHN THOMAS BRENDER, s ALAN DAVID GOODE, MICHAEL ANDREW S MASON, CHRIS HALASKA, RUSSELL WAYNE S SIMPSON, EACH INDIVIDUALLY AND AS s MEMBERS OF THE Pill KAPPA SIGMA s FRATERNITY, SIGMA CHAPTER, Pill KAPPA S SIGMA FRATERNITY, INC., AND Pill KAPPAS SIGMA FOUNDATION, AND SCOTT MUHLIG S S S JACK IVEY, SR AND JUDITH IVEY, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF JACK IVEY, JR., Plaintiffs, . vs, Defendants. IN THE DISTRICT COURT A CEKI'lFlED.. . D OO!t. '%: "~A . (JO, . ATI'EST: ' oZ' 0<- . ._ . 'IHOMAS A.. WJLDBl\ . J:>ISTRlCT CLERK T~COqNT'l~ BY:.'. D1 '. ,,,,-PEPUl'Y~( /-rJ-.-' TARRANT COUNTY, TEXAS 342ND JUDICIAL DISTRICT ORDER AUTHORIZING ISSUANCE OF OUT-OF-STATE SUBPOENA On this the ~ day of jlbUJAAA~ ,2000, came on for hearing Plaintiffs' Motion to Authorize Issuance of Out-of-State Subpoena, and the Court having considered Plaintiffs' Motion finds that good cause exists for the entry of an Order authorizing the issuance of a subpoena in the State of Pennsylvania for the taking of the deposition on written questions of Mary Spellman, Dean of Student Affairs, or Other Designated Representative of Dickinson College, Student Activities Office, College and Wilder Street, Carlisle, Pennsylvania 17013. ORDER AUTHORlZING ISSUANCE OP OUT-OP-STATE SUBPOENA '-" d <'. 0'__" ,0 ^";'_ , Page I IT IS THEREFORE, ADJUDGED AND DECREED that a Pennsylvania subpoena shall be issued for the taking of the deposition on written questions of Mary Spellman, Dean of Student Affairs, or Other Designated Representative of Dickinson College, Student Activities Office, College and Wilder Street, Carlisle, Pennsylvania 17013. SIGNED this JJf{ day of ~ ~ ~.(I <1/1(j- , 2000. ~_......~/~ ,././" / /.?-1'.7 )' r-7;.."'./' /. ! 'l// . ij '//,)( (/ -:/,-,1Y /' / v.-- ~7{ /tw Jtrr5E PRESIDING I. O:\JMW\IVEY\DISCIO-DICKIN ORDER AUTHORIZING ISSUANCE OF OUT-OF-STATE SUBPOENA Page 2 -~, ~~ <, ~" CAUSE NO, 342-178020-99 9 9 9 ~ ~ ~ 9 9 RYAN STEVEN HELLING, JASON 9 CHRISTOPHER ESTES, JEREMY THOMAS 9 CRASE, WILLIAM HENRY COOK, Ill, 9 JONATHAN WAYNE STOKES, JASON BAKER 9 WILLIAM ANDREW ADAMEZ, STEPHEN 9 OLAN VENABLE, RODNEY BLAKE RAMICK, 9 RICHARD EY ANS EASTLAKE, NEa T. ~ WIllTMORE, JOHN THOMAS BRENDER, 9 ALAN DAVID GOODE, :MICHAEL ANDREW 9 MASON, CHRIS HALASKA, RUSSELL WAYNE 9 SIMPSON, EACH INDIVIDUALLY AND AS 9 MEMBERS OF THE Pill KAPPA SIGMA 9 FRATERNITY, SIGMA CHAPTER, Pill KAPPA 9 SIGMA FRATERNITY, INC" AND Pill KAPPA 9 SIGMA FOUNDATION, AND SCOTT MUHLIG 9 ~ ~ JACK IVEY, SR. AND JUDITH IVEY, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF JACK IVEY, JR., Plaintiffs, vs. Defendants. IN THE DISTRICT COURT TARRANT COUNTY, TEXAS 342ND JUDICIAL DISTRICT PLAINTIFFS' NOTICE OF INTENT TO OBTAIN DEPOSITION UPON WRITTEN QUESTIONS OF MARY SPELLMAN, DEAN OF STUDENT AFFAffiS, OR OTHER DESIGNATED REPRESENTATIVE OF DICKINSON COLLEGE TO: Mary Spellman, Dean of Student Affairs, Or Other Designated Representative of Dickinson College, Student Activities Office, College and Wilder Street, Carlisle Pa 17013 PLAINTIFFS' NOTICE OF INTENT TO OBTAIN DEPOSITION UPON WRITTEN QUESTIONS OF MARY SPELLMAN, DEAN OF STUDENT AFFAIRS, OR OTHER DESIGNATED REPRESENTATIVE OF DICKINSON COLLEGE Page 1 ,-, L~_. 0>"_,."""'."__'= "_', ,"','"""e' '----..,,"_~--,_'_f-,,_' >_ .,"_,_,"'_.~"_~ "_,' ,,'_', ",. " "', ,<_< ". " ",~ ,v ._" >,,_,_' _,' _ ,,> ~, 1.00 NOTICE: Pursuant to Rule 200 of the Texas Rules of Civil Procedure, notice is hereby given that the deposition of Mary Spellman, Dean of Student Affairs, Or Other Designated Representative of Dickinson College will be taken after twenty (20) days from the date ofthis notice, at Student Activities Office, College and Wilder Street, Carlisle Pa 17013, unless an agreement changing this date and location is entered into by the parties and the deponent prior to the taking of the deposition. 2.00 NOTARY PUBLIC: The Notary Public before whom the deposition is to be taken is Affiliated Reporters, Inc., 9330 LBJ Freeway, Suite 270, Dallas, Texas 75243, or such other qualified reporter or Notary Public as may be designated. 3.00 DESIGNATION OF REPRESENTATIVE: Pursuant to Rules 199.2(b) and 200. 1 (a) of the Tex.R.Civ.P.,Mary Spellman, Dean of Student Affairs, Or Other Designated Representative of Dickinson College is requested to designate an individual or individuals to testifY on its behalf relative to the following matters, and to produce on behalf of the organization the documents and things requested in the Request for Production attached as Exhibit "B" hereto: a) The documentation generated pursuant to the investigation of Dickinson College into allegations of hazing and alcohol violations by members of tbe Phi Kappa Sigma Fraternity In this regard, the individual(s) designated by Dickinson College in response to this notice PLAINTIFFS' NOTICE OF INTENT TO OBTAIN DEPOSITION UPONWRlTTEN QUESTIONS OF MARY SPELLMAN, DEAN OF STUDENT AFFAffiS, OR OTHER DESIGNATED REPRESENTATIVE OF DICKINSON COLLEGE Page 2 _1 .'''':'c''~-'""<-",,,,,-_ ~._.,--" "'_'~_~"".. _"0'7_ -~-, _~__o ,<"_",,, _,""'-h--_'"_ ."-" ': ''', -~!,,-,-,,- ,-'",,'~''','-, . ~- must be prepared to offer testimony as to matters that are known or reasonably available to Dickinson College. 4.00 WRITTEN OUESTIONS: The written questions, attached as Exhibit "C," will be propounded to the witness along with any other such questions as may be duly served. 5.00 SUBPOENA DUCES TECUM: A subpoena duces tecum is being issued for the above witness to produce all documents which are responsive to the request for documents which is attached hereto as Exhibit "B" at the time and place of the deposition. 6,00 DEFINITIONS AND INSTRUCTIONS: The definitions and instructions attached as Exhibit "A" will be applicable to the above mentioned written questions. Respectfully submitted, THE LAW OFFICES OF FRANK L. BRANSON, P.C. JE Y M. HITE State Bar N . 21308700 Highland P k Place 4514 Col ~venue, 18th Floor Dallas / exas 75205 Telephone: (214) 522-0200 Facsimile: (214) 521-5485 ATTORNEYS FORPLAINTWFS PLAINTIFFS' NOTICE OF INTENT TO OBTAIN DEPOSITION UPON WRITTEN QUESTIONS OF MARY SPELLMAN, DEAN OF STUDENT AFFAIRS, OR OTHER DESIGNATED REPRESENTATIVE OF DICKINSON COLLEGE Page 3 ,''"3-< ,__,_ '." CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing has been sent by Facsimile, U.S. C~ed Mail, Return Receipt Requested and/or Hand-Delivered to all counsel of record on the::eday of February 2000. PLAINTIFFS' NOTICE OF INTENT TO OBTAIN DEPOSITION UPON WRITTEN QUESTIONS OF MARY SPELLMAN, DEAN OF STUDENT AFFAIRS, OR OTHER DESIGNATED REPRESENTATIVE OF DICKINSON COLLEGE Page 4 ,---- '<'--'_:-"'~ ^"'-,~--,~ ,~---~-- -" '-,~.- ".,"".- -~ -~-_._--'.-';-"-'-." ,- - ",'C~,-,,< - , "__ )_ - -. , " _ ,_ " - c' ,__~'_ _,_ . EXHIBIT "A" DEFINITIONS AND INSTRUCTIONS A. "YOU" and/or "WITNESS" refers to agents, employees and/or vice principals of Dickinson College. C. "INCIDENT IN QUESTION" refers to the chain of events surrounding and including those which gave rise to the University's investigation into allegations of hazing and alcohol violations by the Phi Kappa Sigma Fraternity. D. "DOCUMENTS AND TANGIBLE THINGS:" In those instances where the phrase "documents and tangible things" is used in the accompanying requests for discovery, it should be interpreted as relating to any and all documents, (including papers, books, accounts, drawings, graphs, charts, photographs, electronic or videotape recordings, and any other data compilations from which information can be obtained and translated, if necessary, by the person from whom production is sought, into reasonably usable form) and any other tangible things which constitute or contain matters relevant to the subject matter in the action. E. REFERENCE TO DOCUMENTS: In those instances where the responding party chooses to answer a request for information by referring to a specific document or record, it is requested that such specification be in such sufficient detail to permit the requesting party to locate and identiJY the records and/or documents from which the answer is to be ascertained, as readily as can the party served with the request. F. COMPUTER BASED INFORMATION: In those instances where requested information is stored only on software or other data compilations, the responding party should either produce the raw data along with all codes and programs for translating it into useable form or produce the information in a finished useable form, which would include all necessary glossaries, keys and indices for interpretation of the material, G. DOCUMENT DESTRUCTION: IT IS REQUESTED THAT ALL DOCUMENTS AND/OR OTHER DATA COMPILATIONS WIllCH MIGHT IMPACT ON THE SUBJECT MATTER OF TillS LITIGATION BE PRESERVED AND THAT ANY ONGOING PROCESS OF DOCUMENT DESTRUCTION INVOLVING SUCH DOCUMENTS CEASE. PLAINTIFFS' NOTICE OF INTENT TO OBTAIN DEPOSITION UPON WRITTEN QUESTIONS OF MARY SPELLMAN, DEAN OF STUDENT AFFAIRS, OR OTHER DESIGNATED REPRESENTATIVE OF DICKINSON COLLEGE Page 5 '*" ,',0' ,,_, _ .,-_, ''"__ ,_~, .,__~~~"_, '>y'_ _.__ .'_~ .",' ,,"C!. ., -,.-,"-,+~-",'1; ~,_',r _ ~ ~,_,,_ ~+"_'._, " H. "OBJECTIONS": To the extent any request is objected to, please set forth the complete reasons for the objections. If you claim privileges as grounds for not answering any request in whole or in part, describe the factual basis for your claim of privilege, including relevant dates and persons involved, in sufficient detail so as to permit the Court to adjudicate the validity of the claim. If you object in part to any request, specifically identify the portion of the request to which you are objecting and answer the remainder completely, Ifthere is an objection to the number of requests, please notify Plaintiffs' counsel immediately, so that either an agreement may be obtained or the matter may be set for hearing. Any requests for extensions oftime must be in writing. Plaintiffs' counsel will agree to no extensions oftime with respect to objections. PLAINTIFFS' NOTICE OF INTENT TO OBTAIN DEPOSmON UPON WRITTEN QUESTIONS OF MARY SPELLMAN, DEAN OF STUDENT AFFAffiS, OR OTHER DESIGNATED REPRESENTATIVE OF DICKINSON COLLEGE Page 6 ,'-,', ,~":,,-o,_..,_{,,-~,, ,~_._ _~." ,., "_',--___','=__"':",,''>'.__, ,'_,~___ _ _ ~O__' .. _ ",< _ __I""'" ~ :. "'-.' ~, -'-'--7'__ , '--~.- , EXHIBIT "B" REOUEST FOR PRODUCTION 1. The complete file of the investigation of Dickinson College into allegations of hazing and alcohol violations by members of the Phi Kappa Sigma Fraternity, including witness statements, investigator notes, and correspondence to and from the Phi Kappa Sigma fraternity. PLAINTIFFS' NOTICE OF INTENT TO OBTAIN DEPOSITION UPON WRITTEN QUESTIONS OF MARY SPELLMAN, DEAN OF STUDENT AFFAIRS, OR OTHER DESIGNATED REPRESENTATIVE OF DICKINSON COLLEGE Page 7 "we!".". _ - ',"''C,',_ ,_- -('_.y,~.~,,,",":-,,,~, w",,<.~<, ,,;_ ,-"",-,, . , ',," ',~' ',","," h" ' . ,-~,--~ -',-', -'.- - ~=,",~" -"- ,~~'-",--' EXHmIT "C" FIRST DIRECT WRITTEN OUESTIONS AND INSTRUCTIONS 1. Please state your full name and address. ANSWER: 2. Have you been authorized and/or designated by Dickinson College to answer questions on its behalf relative to the subject matters addressed hereinabove? ANSWER: 3, Have you, in response to a subpoena duces tecum served upon you, brought with you to the deposition all documents and things delineated in and! or encompassed by the subpoena duces tecum, i.e., Exhibit "B"? ANSWER: 4. Please produce to the notary taking your deposition, the documents and things you have brought in the order, ifany, which they are customarily arranged. ;,1 The notary public is requested to sequentially number all the documents (including the backs of any such documents which bear notations) and make, or have made by the witness, exact duplicates of the so numbered originals. In the event the witness makes the copies, the witness will be reimbursed for such expense. 5. Have you produced all the documents you have responsive to the subpoena duces tecum? ANSWER: 6. lfnot, state what you have not produced and why. ANSWER: 7. Were the foregoing documents which you have produced kept in the regular course of business by you? PLAINTIFFS' NOTICE OF INTENT TO OBTAIN DEPOSITION UPON WRITTEN QUESTIONS OF MARY SPELLMAN, DEAN OF STUDENT AFFAIRS, OR OTHER DESIGNATED REPRESENTATIVE OF DICKINSON COLLEGE Page 8 , " ,~_ _,_,.cc~"_",, __"~ .--~, ^" "'Or_C" -" .'T_, 1 "'-'_."._,_:.'c=.''..,__ --1'- 0, ,-- C '- ", '_,." ' -'-'"-~i ,- ,,~- t- ""'-"; '_'" ~~ .,;.9 '''"''" ~ _ - ANSWER: 8. For those that were not so kept, please "identifY" such documents and explain how they were kept. ANSWER: 9, With regard to the documents you have produced: a) are they memoranda, reports, records, or data compilations, of acts, events, conditions, or opinions; ANSWER: b) were they made at or near the time of those act(s), event(s), condition(s), or opinion(s); ANSWER: c) were they made by a person with knowledge of those acts, events, conditions, or opinions; ANSWER: d), or were they made from information transmitted by a person with knowledge of the acts, events, conditions, or opinions set out therein; ANSWER: e) are they kept in the course of a regularly conducted business activity; ANSWER: f) was it a regular practice of the business activity to make memorandum, report, records, or data compilations ANSWER: 10. If the answer to any of the foregoing question is no, for each document which was not so generated, state why and how it was otherwise generated. ANSWER: PLAINTIFFS' NOTICE OF INTENT TO OBTAIN DEPOSITION UPON WRITTEN QUESTIONS OF MARY SPELLMAN, DEAN OF STUDENT AFFAffiS, OR OTHER DESIGNATED REPRESENTATIVE OF DICKINSON COLLEGE Page 9 "-,, /",,, - ~_~'~~__.''1'>-'''',,, ,_'r_~,~v_~_,..."" ,_~ .~',_' __.~O"_'~', 7 _ 0':--_ __~ .~,-~,. ''C,",' I_~- _<__ _~__, -,~,~' -h=' I.,." ., " . ,. c'~ " -~,- "" ' -, .'",'-, ~ 0- ~d,' 1_ _~.,~"W_'. ..,"""..'.....llf1 ~ ~~ ~ (') 0 0 C" I'::::=> --n :::-'-, c$ ,. :"';-<' -Ti ::~:J ;::= ~ ~ ["'. 'is' I ;;-1 ':=1 j; C< C) .. }J -, ., (~J r-::;:___, --;:-:'1 -- -1", ~ ',' ",'~ nl ~ C.') ~ ~ :J ~,? 1-0 ~ u.. ~\ ~ =1 ,:.-n l)J .-< '0 <;j~ \Y """ .......... .. -- ~y_o~._"']-~',~,.,"'-......_T"~__ .~-.,:- . ., SHERIFF'S RETURN - REGULAR CASE NO: 2000-01237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IVEY JACK SR ET AL VS HELLING RYAN STEVEN ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within SUBPOENA was served upon SPELLMAN MARY DEAN OF STUDENT AFFAIRS the RESPONDANT , at 0014:40 HOURS, on the 23rd day of March , 2000 at STUDENT ACTIVITIES OFFICE DICKINSON COLLEGE CARLISLE, PA 17013 by handing to MARY SPELLMAN a true and attested copy of SUBPOENA together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 so;:~~_~~~ R. Thomas Kline 03/27/2000 FRANK L. BRANSON Sworn and Subscribed to before By: me this (, (!o' day of ~.;la-v-V A, D, C.):;g' 0, {y. 1#1;., Itfjn7i. r thonotary I ~ ~