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HomeMy WebLinkAbout98-03464 .-,"j ~ )~ \) ~ \:., ~ ~" "- ~ "::I- ~ r )'. I I J I \ \ I I , \ 3 :..\ .".~ , "i ~ ~ Q' '\) '''"' .,z' .e "\, :t ~ too ~ , .;, i , ~ ",! j / / I / ,/ , j ~ \~ - . . .':) .. '-J :;r.. '-,) ::,... IV) . ~ ~ I ,; 11\ \,<~ ~I I ..... 4. Thc Defendant Brooks W. Allcn is an adull individual incarccmtcd at thc State Correetionallnstitutc at Camp ('Iill. 2500 Lisburn Road, Camp Hill, Cumberland County. BACKGROUND 5. On June 22, 1997 the Defendant Brooks Allen engaged in a day of drinking which ultimately resulted in him driving whilc intoxicated and causing the death of Robby Maples, Leissa's 15 year old son. 6. During that day Defendant Allen purehascd and consumed alcohol and/or was allowed to have alcohol at the Defendant bar Nick's 114 Cafe at a time when he was visibly intoxicated. 7. At approximately 9:00 p.m. the Defendant Allen drove to the Defendant I i i j I.. ' 11, "I' f.:. ,:< " ,,' 11::, l\ I " I~ ,.:p If(,:.;::,' "I," i'j A,~-~ I' .f" 1.,:.:. Il':";:>" ,Ii,':' Nick's 114 Cafe. 8. While at the Defendant Nick's 114 Cafe the Defendant Allen drank beer while playing pool and eating. 2 13. The Dclendant Allen knell' or should have knownlhat he was unfit to operate ,. " a car safely because of his level of intoxication. ... ~'( 14. On June 22, 1997 at approximately II: I 0 p.m. Robby Maples was walking home afler being dropped ofT near thc Karns Market on Lewisberry Road by thc mother of one of his friends. 15. Robby was walking in a safe manncr in a westerly direction along the wide shoulder of the southern side of Lewisberry Road. 16. At the same time the Defendant Allen, immediately after leaving the ~ :,)i~'1 I , , , , , :. \ f;., ( i'~' l I Defendant Nick's 114 Cafe, was driving in execss 01'75 miles per hour with his care tires squealing going east on Lewisberry road, 17. The Defendant Allen failed to control his car and it left the paved portion of the road and traveled onto the shoulder of the road where it struck Robby. : , 18. The force of the impact impaled Robby onto the right front windshield of the !t I ~ !' f ! r~ ,~,' ,I :{i. 'I,'.,., ,II.:" '1',,:';'\ i(:;.;' I' I, I I I l :;:,i, ~ 'I"" ,:.!.}:' )'Ji):\~ ,',"j,;/:.",. r.~)':::ii , t'" ;.:.\i,:: ~.~~~.,..: Allen car. 4 25. Patrolmcn .lay Smith and .Iohn Snydcr wcrc two of thc orticcrs involvcd in '1:. t ;,l the apprehcnsion of thc Defendant Allcn. 26. Patrolman Smith immcdiatcly smellcd an ooor of alcohol cmilling frollllhc Defcndant Allen, 27. Patrolman Smith also noted that the Defcndant Allen's speech was slurred. 28. At that moment, based upon his education, training and experience with suspected drunk drivers Patrolman Smith formed the opinion that the Defendant Allen was under the influence of alcohol and could not drive a vehicle safely. 29. The Defendant Allen was then taken into custody by Patrolman Jack Scott of the Fairview Township Police. 30. Patrolman Seolltook the Defendant Allen to the Harrisburg Hospital where a blood alcohol test was performed at I :01 a.m. on .Iune 23, 1997. 31. Harrisburg Hospital is an approved site for the testing and taking of blood to determine blood alcohol content. 6 1 I .~ 32. Thc blood alcoholtcst rcvcalcd that thc Dclcndant Allen had a blood alcohol contcnt of .17, which is in cxccss of thc legally permissible lcvellor drivers whieh is .10. Upon :~ '( inlormation and belief: the Defendant Allcn's blood alcohol level at thc Dcfcndant Nick's 114 Cafe was in execss ofthc Icgally permissible levcl for drivers, 33. The Defenclant Allen was negligent in the operation of his motor vehicle in the following manner. (a) In failing to keep his vehicle under control. (b) In failing to prevent his vehicle from striking Robby Maples and causing his death. ( c) In driving his vehicle at a speed greater than the posted speed limit which was 40 miles per hour. (d) In driving his vehicle while intoxicated. (c) In failing to properly observe Robby Maples on the shoulder ofthe road. (I) In permitting his vehicle to leave the traveled portion of Lewis berry Road and enter the shoulder of the road striking Robby. 34. The actions of the Defendant Allen subjected Robby to great anguish and emotional distress as he saw the car speeding toward him. 7 '...- a 35. Thc impact of thc car and thc loss of his Icg caused Robby grcat pain and physical and cmotional distrcss bC!(lrC he dicd. COUNT I - WRONGFUL DEATH Aleissll McCutcheon, Individually and as Administratrix of the Estate of Robert G. Maples, .Jr., v. 114 Bridge Street, Inc. 36. Aleissa McCutchcon brings this action pursuant to the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A. 8301 et. seq. and Pa. R. C. p, 2202 (a). 37. The deecdent was survived by plaintiff Aleissa McCutcheon who alone is entitled to recover damages for his death. Robby's biological father has waived all rights and claims he would have had to any damages. Notice of the filing of this action has been sent by registered mail to Robert G. Maples Sr., Robby's biological father. 38. The decedent did not bring an action for personal injuries during his lifetime, and no other action for the death oCthe decedent has been commenced against the defendants. 39. The Commonwealth of Pennsylvania has enacted two sections under the Pennsylvania Liquor Code which provide for the imposition of civil liability against a licensee of 8 ':.,:"'~ .. thc Pcnnsylvania Liquor Controllloard I(Jr actions of onc of its liccnscc undcr circumstanccs such as dcscribed in this complaint. 40. 47 Pa.C.S,A. Section 4-493 (I) provides that "It shall be unluwlul (I) lor any licensee of the Board, or any employee, servant or agent of such liccnsee to sell, furnish or give any liquor or mailed or brewed beverages, or to permit any liquor or malted or brewed beverages to be sold, furnished or given, to any person visibly intoxicated, or to any insane person, or minor, or to habitual drunkards, or persons of known intemperate habits." 41. Section 4-493 (I) is to be read in conjunction with Section 4-497 which provides "No lieensec shall be liable to third persons on account of damages inflicted upon them off the licensed premises by customers of the licensee unless the customer who inflicts the damages was sold, furnished or given liquor, or malted or brewed beverages by the said licensee or his agent, servant or employee when the said customer was visibly intoxicated." 42. The Defendant 114 Bridge Street, Inc., aIkIa Nick's 114 Cafe was a licensee of the Liquor Control Board before, on and after June 22,1997. 9 43. During thc limc pcriod thaI thc Dclcndan( Allcn was a customcr of thc Dclcndanl Nick's 114 Calc on Junc 22. I <)<)7 he purchascd and consumcd liquor or malted or brcwed beverages. 44. The bcvera~cs which thc Dcfcndant Allen consumed were sold or furnished to him by principals, agcnts or cmployces of the 114 Bridge Slreet, Inc., a/k/a Nick's 114 and or were purchased by other customers from principals, agents and cmployees of the 114 Bridge Street, Inc., a/k/a Nick's 114 who then permitted and allowcd the Defendant Allen to consume the beverages in the bar. 45. The actions of the Defendant Allen were sufficient to put a person who !lad reasonable training and experience as a bartender, server or operator on notice that he was intoxicated. 46. Those obvious and physical signs which the Defendant Allen displayed while in the Defendant Nick's 114 Cafe and at the time he was served consisted of but are not limited to the following: (a) The Defendant Allen was acting in an aggressive and loud manner. (b) The Defendant Allen was slurring his words (c) The Defendant Allen was boisterous 10 (d) Thc Dclendant Allcn had blood shot cycs 47. Within minutcs arter lcaving thc Dcfendant Nick's 114 Calc whcrc hc had " t ~' I.,. ., ~ , I (c) Thc Dcfendant Allcn was argumcntativc bcen servcd thc liquor or malted or brcwed bevcragcs while visibly intoxicated the Dclendant Allen 11 caused the death of Robby Maples as described above. 48. The Defendant 114 Bridgc Strcet, Inc., a/kJa Nick's J 14 Cafe as a licensee of the Pennsylvania Liquor Control Board has violated the statutes set forth above and is therefore jointly and severally liable with thc other Defendant lor the death of Robby Maples. 49. The applicable damages under the Wrongful Death Act are as follows: (a) Funeral expenses for the decedent Robby Maples (b) The expenses of administration related to Robby Maples injuries (c) The pecuniary loss to Aleissa McCutcheon as reeovcrable under the statute. (d) Aleissa McCutcheon's deprivation and injury as a result of the loss of the support, consortium, comfort, counsel, aid, association, care and services of the decedent; (e) Such other damages as are or maybe permitted in a wrongful death action as a matter of law 56. Furthcr. thc Dcfendant Allcn was sCl'crely intoxicatcd at thc timc thc cmployccs ofNiek's 114 Cafe sCI'\'cd him, Bccausc of that knowlcdgc thc scrving of the alcoholic beverages to thc Dclendant Allcn on Junc 22, 1997 was donc with a callous disrcgard for thc potential injury that the Dcfendant Allcn could causc in his motor vchiclc whilc driving whilc intoxieatcd. 57. Further, onJunc 22, 1997 the New Cumberlancj Police had entered Nick's 114 Cafe and indicated they were searching for thc Defendant Allen. The employees of the Defcndant Nick's 114 did not question Allen as to why the police were searching for him nor did they refuse to serve him even though he was the subject of a police manhunt. Because of that knowledge the serving of the alcoholic beverages to the Defendant Allen on June 22, 1997 was done with a callous disregard for the potential injury that the Defendant Allen could cause in his motor vehicle while driving while intoxicated. WHEREFORE, the Plaintiff Aleissa McCutcheon demands judgment against the Defendant 114 Bridge Street, Inc., aikJa Nick's 114 Cafe, jointly and severally with the Defendant Allen in an amount in excess of the compulsory arbitration limits for Cumberland County, together with punitive damages and delay damages as applicable under the law. 14 '-""'.'~\""'''''''!'~''''". COllNT III - WIWNGJiUL I)EATII Aleissa McCutcheon, Individually and as Administratrix ol'the Estate of Rohert G. Maples, ,Jr., v. Brooks n. Allen. ~:; " \' 58. Paragraphs I to 57 arc incorporated by reference thereto. 59. The I'laintifTbrings this action pursuant to the Pennsylvania Wrongful Death Act, 42 Pa. C.SA 8301 et. seq. and Pa. R. C. 1'. 2202 (a), 60. The decedent was survived by Plaintiff Aleissa McCutcheon who alone is entitled to recover damages for his death. 61. The decedent did not bring an action for personal injuries during his lifetime, and no other action for the death of the decedent has been commenced against the defendant. 62. The applicable damages under the Wrongful Death Act arc as follows: (1I) Funeral expenses for the decedent Robby Maples (b) The expenses of administration related to Robby Maples injuries (c) Lisa McCutcheon's deprivation and injury as a result of the loss of the support, consortium, comfort, counsel, aid, association, care and services of the decedent; 15 (c) Robby M<lples' total cstimated futurc earning power less his estimated cost of personalmainlcnance; (d) Robby Maples' loss of retirement and Social Security Income (c) Robby Maples' other Iinanciallosscs suffered as a rC5ult of his dcath; and (I) Robby Maples' loss of enjoymcnt of lifc. (g) Robby Maples' loss of the pleasures oflile. WHEREFORE. the Plaintiff Aleissa McCutcheon. Individually and as Administratrix of the Estate of Robert G. Maplcs. Jr.. demands judgment against the Defendant Brooks D. Allen jointly and severally with the Dclendantl14 Bridge Street, Inc., alk/a Nick's 114 Cafe in an amount in excess of the compulsory arbitration limits for Cumberland County, together with punitive damages and delay damages as applicable under the law. Respectfully submitted; Date: J6\vrr. ADLER & CLARA VAL B~ri;,t5?~l 125 Locust Street P.O. Box 11933 Harrisburg, P A 17108-1933 (717) 233-4780 Attorney I.D. # 19222 Attorney for Plaintiffs ~dl/~fR' , 17 4. Aller reasonable investigation Dcfcndant is without knowledge or information sufficient to form a belief as to the tnlth of this averment and it is therefore specifically denied. 5. Aller reasonable investigation Defcndant is without knowledge or information sufficient to form a belief as to the tMh of this averment and it is therefore specifically denied. . 6. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the tMh of this averment and it is therefore specifically denied. 7. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the tMh of this averment and it is therefore specifically denied. 8. Admitted. 9. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the tnlth of this averment and it is therefore specifically denied. 10. Denied pursuant to Pa. R.C.P. ] 029(e). 11. Denied pursuant to Pa. R.C.P. ] 029( e). ] 2. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the tnlth of this averment and it is therefore specifically denied. 2 13. Allcr reasonable investigation Dcfendanl is without knowledge or information sufficient to form a belief as to the tnllh of this averment and it is thereforc specifically dcnicd. 14. Aftcr reasonable investigation Defendant is without knowlcdge or information sufficient to form a belief as to the tnlth of this averment and it is thcrefore specifically denied. 15. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 16. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 17. After reasonable investigation Defcndant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 18. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. ] 9. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 3 20. After reasonablc investigation Defendant is without knowledge or information sufficient to form a belief as to the tnllh of this averment and it is thereforc spccifically denied. 21. Aftcr rcasonable invcstigation Defendant is without knowledge or information sufficient to form a belief as to the tnllh of this averment and it is therefore specifically denied. 22. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 23. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 24. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 25. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 26. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 4 27. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is thcrefore specifically denied. 28. Aller reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this avermcnt and it is therefore specifically denied. 29. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 30. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 31. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 32. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 33. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and it is therefore specifically denied. 5 41. Aller reasonable invcstigation Defendant is without knowledge or information sufficient to form a belief as to the tnllh of this averment and it is therefore specifically denied. 42. Admitted. 43. Denied pursuant to Pa. R.C.P. 1029( e). 44. Denied pursuant to Pa. R.C.P. I 029( e). 45. Denied pursuant to Pa. R.C.P. 1029( e). 46. Denied pursuant to Pa. R.C.P. 1029(e). 47. Denied pursuant to Pa. R.C.P. 1029(e). 48. Denied pursuant to Pa. R.C.P. 1029(e). 49. Denied pursuant to Pa. R.C.P. 1029(e). 50. Denied pursuant to Pa. R.C.P. 1029( e). 51. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant 114 Bridge Street, Inc., alk/a Nick's 114 Cafe, requests your Honorable Court to dismiss Plaintiff's Complaint against it. COUNT II - SURVIVAL ACTION Aleissa McCutcheon v. 114 Bridge Street, Inc., aJk/a Nick's 1]4 Cafe 52. Defendant's answers to Paragraphs ] to 73 are incorporated by reference. 53. The allegations of this paragraph require no response. 54. Denied pursuant to Pa. R.C.P. 1029(e). 55. Denied pursuant to Pa. R.C.P. I 029( e). 56. Denied pursuant to Pa. R.C.P. ]029(e). 57. Denied pursuant to Pa. R.C.P. 1029(e). 7 " VERIFICATION I, Robert F. Claraval, being duly sworn according to law, depose and state the filcts set forth in Plaintiffs' Discovery MOlion - Motion 10 Compel Defendant 114 Bridge Street, Inc. to I understand that any fillse statements herein are made subject to the penalties of ]8 i I I I Answer Interrogatories and Respond to Request IlJr I'roduclion of Documents are true and correct to the best of my knowledge, information and belief. Pa.C.S.A. ~4904, relating to unsworn falsil1eation to authorities. (d1f1f1;f;f~~ , . i{f: I ,~ A Ii' ~i:.. , ~ '. . {' \': :;~~. 'J' fl" it! fl; , ~ I' ~. .... .11 :~.. 1l'~ (I) the idcntity of each pcrson who was present when such communication was made. (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; ( (5) Any other context: a description with suflicient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identitication of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation or government agency. Standard Instructions: The following instructions are applicable to these interrogatories: (1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed 3 .. INTERROGATORIES 1. Is there any way that you know of from your records or from any other source to determine the names of the customers in your bar on June 22,1997 or the early morning hours of June 23, 19917 If yes describe the manner in which those names could be determined. 5 'I ~. Pursuant to Pa.RoC.I'. -l009.12(b)(l) you sllllll identify all documcnts or things produced or m:ldc available and (b)(2) identify all documcnts or things illl.t produccd or madc availablc bccause of the objection that thcy arc not within the scope ofpcrmissiblc discovery undcr Rule 4003.2 through Rule -lOll(c). Doeumcnts or things not produced IDa!! be idcntified with reasonable particularity togcthcr with thc basis for non-production. ( Production of these items for inspection and copying by counsel for Plaintiff shall take place at the offices of Adler & Claraval thirty (30) days from the date of service hereof unless counsel for the parties otherwise agree. With respect to requests for production, you shall comply with Pa. R.C.P. 4009.]2 by producing said documents as they are kept in the usual course of business or shall organize and label them to correspond with the categories in these requests. You are hereby requested to supplement your responses as required by the Pennsylvania Rules of Civil Procedure. DEFINITIONS AND INSTRUCTIONS A. Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic computer files, computer discs or recorded matter, however produced or reproduced and however formal or informal. 2 13. Whenevcr you arc asked to "identify" a document, the following information should be givcn as to each document of which you are aware, whethcr or not you have possession, custody, or control thereof: (I) The nature of the document (c.g., letter, memorandum, computer print-out, computer tiles, computer discs, minutes, resolutions, tapc recording, etc.); (2) Its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer, and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer, and position of the person, ifany, to whom the document was sent; (5) If you have possession, custody, or control of the document, the location, and designation of the place or tile in which it is contained, and the name, address, and position of the person having custody of the document; (6) If you do not have possession, custody, or control of the document, the present location thereof and the name and address of the organization having possession, custody, or control thereof; and (7) A brief statement of the subject matter of such document. C. If documents or other tangible things requested are outside the possession, custody, or control of Defendant but Defendant has knowledge of the person or entity in whose 3 5. Supply all written policies regarding the manner in which cmployces werc 10 identify, flag or otherwise recognize and then deal with cuslomcrs who may be under the inlluence of alcohol. ( 6. Supply all cash register receipts which show how much alcohol was served on June 22, 1997. To the extent that the receipts show the type of alcohol served, when it was served, and the total amount of money generated by the sale of alcohol, those documents are to be provided 7. Supply all documents from and to your liquor liability carrier which in any way relate to the manner in which the bar was to deal with detection and handling of possibly intoxicated persons \ 8. Supply a drawing(s) or photograph(s) which depict the inside of the bar including the area where the pool table is located. 9. Supply the complete personnel file for each bartender who was on dutithe evening of June 22, 1997 and for each person who may have served Brooks Allen. 10. Supply a copy of the liquor liability policy in effect on June 22, 1997. 5 II. Supply a copy of the document indicating the names of any customers who f" r:; \.1' ~f. :..... ., " ) u,. r i I ) /.... I .. ':' ,l n iI rr,! I , I , had dinner reservations on June 22, 1997. 12. Supply all documents which are relevant to Interrogatory 19. 13. All documents in the possession, custody, or control of Defendant ( constituting, relating to, or pertaining to: (a) Those documents identified in response to Plaintiffs Interrogatories addressed to Defendant - First Set; (b) Those documents which Plaintiff requested Defendant to identify in Plaintiffs Interrogatories addressed to Defendant - First Set. (c) Those documents which Defendant intends to offer in evidence at the trial of this action. 14. All written communications (including within the term letters, memoranda, telegrams, and any other messages) and the complete tiles of the Defendant, his agents, insurance adjustors, or employees in regard to the Plaintiff's claim. This request shall include communications generated and received by you, your agents, employees, associates and insurance adjusters. 6 ! .1 I 15. All photographs in the possession, custody, or control of the Defendant, counsel for the Defendant, or any other person or entity acting on behalf of Defendant, including any insurers for Defendant showing, representing or purporting to show ar.y of the locales, property, and any and all other matters related to the subject matter of this litigation. 16. All diagrams, sketches, drawings, plans, measurements, or blueprints in the possession, custody, or control of the Defendant, counsel for the Defendant, or any other person or entity acting on behalf of Defendant, including any insurers for Defendant. 17. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement of recorded statements if not transcribed verbatim taken of any parties, persons, or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the possession of Defendant, Defendant's attorney, insurers or anyone else acting on behalf of Defendant 18. All expert opinions, expert reports, expert summaries or other writings of experts in the possession, custody or control of Defendant or Defendant's attorneys or insurers, which relate to the subject matter of this litigation and the incident in question. 7 19. All doculllcnts preparcd by Defendant or by any insurcrs, representatives, agents, or anyone acting on behalf of Defcndant, exccpt Defcndant's attorneys, during an investigation of any aspect of lhe incident in question. Such documcnts shall include any documents made or prepared up through the prcsent lime, with the exclusion of mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense or rcspecting strategy or tactics. ( (NOTE: As referrcd to herein, "documents" includes written, printed, typed, recorded or graphic matter, howevcr produced or reproduccd, including correspondence, telegrams, olher written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analysis, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings. minutes of meetings or any other writings [including copies of the foregoing, regardless of whether the party to whom this request is addressed is now in the. possession, custody, or control of the original] now in the possession, custody, or control of Detendant, Defendant's former or present counsel, agents, employees, officers, insurers, or any other persons acting on Defendant's behalf.) 20. All documents, materials, or physical evidence which Defendant intends to offer as exhibits at the trial of this matter, ifnot already provided. ,.. 21. Please provide copies of all documents that you intend to use at the deposition of the Plaintiff. Should those documents not be provided prior to lhe deposition of the Plaintiff then questions will not be permitted in that regard. 8 7. As noted. the "Response" Iil~d by Defendanlllrooks W. Allen's ~ounsel arrived in Plainlifl"s counsel's ofliee at (he same lime as Defendant's answers and objections 10 Plainlitrs Interrogatori~s Hnd Requesl tilr Production of Documents. 8. Defendant Brooks W. Allen has raised an obj~~lion to Interrogalory 16. Tblll interrogatory and the D~fendant's objection arc as tallows. 16. Identify any person or document you know of at this time who will support the averments of Paragraph 70 of your Answer and Ncw Mattcr. This interrogatory specilically s~cks information you have at this time to support this averment. not information which may bc Icarn~d through discovcry. (Paragraph 70 of Defendant Allen's New Mattcr rcads: "Plaintiffs claims are barrcd in whole or in part because Plaintiffs alleged injuries, if any, wcrc not causcd by thc actions of thc Dcfendant Brooks W. Allcn." Answcr: Objection. On thc advice of counsel, answering Defendant objects to this Interrogatory as it is merely to harass answering Dcfendant. Answering Defendant's investigation is continuing. Therefore, it will be supplemented once the discovery is complete. 9. It is respcctfully submitted thatthc interrogatory is not intended to harass Brooks W. Allen in anyway. Howcver. if Brooks W. Allcn is contending that Plaintiffs il1iuries were caused by someone other than Brooks W. Allcn and he has information now indicating that is true, then those facts should be revealcd at this point in timc so that the Plaintiff can focus discovery in that regard. , ,) ALElSSA McCUTCHEON (FORMERL Y ALEISSA MAPLES) INDIVIDUALL Y AND AS ADMINISTRATRIX OF THE ESTATE OF ROBERT G. MAPLES, JR. Plaintif'fs 'I " , It i l' r't ~. ; r,: IN TIlE COURT OF COMMON PI.EAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 98-3464 114 BRIDGE STREET INC. A PENNSYL VANIA CORPORATION a\kla NICK'S 114 CAFE : CIVIL ACTION - LAW AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Plaintiff Aleissa McCutcheon's Response to "Response of Defendant Brooks W. Allen to Plaintiff's Discovery Motion" by first class mail, postage prepaid, addressed to the following persons: James J. McCarthy, Esq. 502 West Office Center Drive Suite 600 Ft. Washington, PA 19034 Donald B. Hoyt, Esq. Blakey, Yost, Bupp & Schaumann 17 East Market Street York, PA 17401 Date: ~\ 10 \ct'8' ADLER & CLARAVAL By \J 0 1I~t.Q Wu ~-hQ 'N\.[) DEN]SE 1. WILLIAMS, Secretary For Robert F. Claraval . JAMES J. McCARTHY & ASSOCIATES, BY: James J. McCarthy, Esquire Identification No. 68891 Nicole Garis, Esquire Identification No. 77219 555 NORTH LANE SUITE 6050 CONSHOHOCKEN, PA 19428 (610) 825-5100 P.C. 80,306 Attorneys for Defendant, Brooks W. Allen ALEISSA McCUTCHEON (Formerly : ALEISSA MAPLES) Individually : and as Administratrix of the : Estate of ROBERT G. : MAPLES, JR. : COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 98-3464 : v. : : 114 BRIDGE STREET INC. and BROOKS W. ALLEN : . . TWELVE JURORS DEMANDED RESPONSE OF DEFENDANT. BROOKS W. ALLEN. TO PLAINTIFFS I DISCOVERY MOTION 1. Admitted in part. Denied in part. It is admitted that this case involves the death of Robert G. Maples, Jr. on June 22, 1997. The remaining allegations are conclusions of law. 2-3. The allegations contained in paragraphs two (2) and three (3 ) are directly at issue in the case and not relevant to Plaintiffs' discovery motion. 4. Admitted. 5. Admitted. 6. Denied. Answering Defendant is currently serving his sentence in prison. As soon as Defendant's counsel received wri tten discovery it was sent to the Defendant. It is very difficult to answer and respond fully to the lengthy discovery served by Plaintiff when my time with my client is so very limited and restricted. Additionally, this office has spoken with Plaintiffs' counsel and assured him that answers would be .-.'I...._~~-:-~-,'- JAMES J. McCARTHY & ASSOCIATES, BY: James J. McCarthy, Esquire Identification No. 68891 Nicole Garis, Esquire Identification No. 77219 555 NORTH LANE SUITE 6050 CONSHOHOCKEN, PA 19428 (610) 825-5100 P.C. 80,306 Attorneys for Defendant, Brooks W. Allen ALEISSA McCUTCHEON (Formerly ALEISSA MAPLES) Individually and as Administratrix of the Estate of ROBERT G. MAPLES, JR. . . COURT OF COMMON PLEAS CUMBERLAND COUNTY : : : : No. 98-3464 : v. : . . 114 BRIDGE STREET INC. and BROOKS W. ALLEN : : TWELVE JURORS DEMANDED CERTIFICATE OF SERVICE I, Nicole Garis, Esquire, do hereby certify that I caused a copy of the foregoing, Response to Plaintiffs' Discovery Motion, to be served this day by united States first class mail, postage prepaid to: Robert F. Claraval, Esquire Adler & Claraval P.O. Boc 11933 125 Locust Street Harrisburg, PA 17108-1933 Donald B. Hoyt, Esquire Blakey, Yost, Bupp & schaumann 17 East Market Street York, PA 17401 JAMES J. McCARTHY & ASSOCIATES, P.C. ~~ /-bA ~ p:{J ES J./. AR NICOLE GARIS Attorneys for Defendant, Brooks W. Allen DATE: December 2. 1998 .~. r<- ~ . . . , " , ) "fl 11 '..1 " ~J . . -'"I i (.1 c. .~ _,J ( - , n .:) :.,....) , .- "l~ , , "";"1 C :::-J q , I , I": ,") r ;1 I -. I oJ -Cl .., '- ALElSSA McCUTCllEON (FORMERL Y ALEISSA MAPLES) INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ROBERT G. MAPLES, JR. Plaintiffs v. 114 BRIDGE STREET INC. A PENNSYLVANIA CORPORATION a\k\a NICK'S 114 CAFE AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Defendants : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. I'ENNSYL VANIA , " ,"( : NO. 98-3464 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Plaintiffs' Discovery Motion by first class mail, postage prepaid, addressed to the fol1owing persons: Donald B. Hoyt, Esq. Blakey, Yost, Bupp & Schaum ann 17 East Market Street York, PA 17401 James 1. McCarthy, Esq. 502 West Office Center Drive Suite 600 Ft. Washington, P A 19034 Date: \ \ \ ~q iLl:'; ADLER & CLARAVAL By \);)(\:\IJ \1 U J\J Vl~(Ci Ir\\..L DENISE 1. WILLIAMS, Secretary For Robert F. Clarava1 and audio tapes, pnneh cards, Inagnelic tapes, discs, dnta cells, drnllls, and other data compilations Ihllu which inlill'luation can he ohtained. it ! . , L., 'if ;' \' "Identify" or "Identity" IIIcans when used in rcference 10-- (I) A natul'Hl person, his or her: ! : .1 (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or country) (2) A document: (a) its description (e.g. leller, memorandum, report, etc.), title, and date; (b) its subject malleI'; (c) its author's identity (d) its addrcssee's identity; (e) its present location; (1) its custodian's identity. (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; :2 ( '. .. (I) Dnty to answcr... The intermgatories are to be answered in writing, veriJied, lInd served upon the undersigned within J() days of their service on you. Objections must be signed hy the attorney making them. In your answers, youmust/ill'l1ish such inlill'luation as is availahle to you, your employees, repres\'ntatives, agents, and allol'lleys. Your answers must he supplemented and amended as required hy the Pennsylvania Rnles ofCivill'rocednre. j (2) Claim of privilege... With respcclto any claim of privilege or immunity from discovery, you must identili' the privilege or immunity asserted and provide such suf'lieienl information to suhstantiate the claim. (J) Option to pmduce documents... In lieu ofidentilying documents in response to these interrogatories, you may pmvide copies of such documenls with appropriate references to the corresponding interrogatories. Respectfully suhmilled, Date: Qs.J~fti8_ ADLER & CLARA VAL By.fJtt4Jt ~ ROBERT F. CLARA VAL, ESQUIRE 125 Locust Street 1'.0. l10x 11933 Ilarrisburg,I'A 17108.1933 (717) 233.4780 Supreme Court 1D1I19222 Attol'l1eys lor Plaintirf 4 '" . ~ :-.~. ~:~;""~~~', II. Within a 2,1 hOllr period be/ilre ./ulle ::!::!, I <)IJ7 and on that da(ll had yon cons limed any medication of any type OJ' taken 01' used ,lilY illegal suhstance orany type'? Iryes, idllntily the type and quantity nrthe medieatinn 01' illegal snhslance. 15 ,';, ~ Ii I, Ii 0, _ ,-; .._...-: ,.. ....~.., "-:,-:..,...V'!I;..,-~,,~j. I R. (D.C.S.1. No. 10(,) 's!llt.rIll~l!t~ n Iryou know ofanyooe that has given any stutcments (as delincd by the Rules or Civill'rocedure) concerning this uction or its subject muller, slate: (a) The identity or such person; (b) When, where, by whom, and 10 whom ellch statement was made, and whether it was reduced to writing or otherwise recorded; and (c) The idcotity of <lilY person who hlls custody of any such statement thaI was reduced to writing or otherwise recorded. 21 20. (D.C.S.1. No. 1(8) LiITIl1mrlJ -- Il'you were required hy lalV 01' regulalion to be licensed for the activity in which you were engaged at the timc or the ineident, state: (This Inlerrogatory applies 10 driver's lieenses as well as any other license you had atlhe time). (a) The type of Iieense rcquired; (b) The date youlirst ohtaincd such license; (c) The dales or issuance and expiralionllfyour currenl licensees); (d) The identity ol'lhe authority lhat issued your license(s); (e) The number ol'your Iicense(s); (I) The nature and duration of any revocation 01' suspension of your Iicense(s); (g) The special restrictions, il'any, imposed on your license. 23 Ii. " , , ,k.': i\, :t "", il ~. i~ I ~'f /i, fl.. I,' Ir'<,:; ;. ~ :,. ) ;,,' i':i..' j"\ , , I',: I' 28. (D.C.S.1. No. 11(.) Ad!llili:ii.un~'. If'you intend to usellllymlmission(s) of a party at trial, identify such adlllission(s). 30 .....".__..._..w...~,. ,. '..".---... (a) The nuture or any damage existing prior 10 the incident; l i\i i ': ~ 'I J ~ ',' ., , , ";::.; ;J, '1r II, , II tI 31. (D.C.S.1. No. 3()2) M!!.lnurhirhuliUlllll:r (This Interrogatory is to he unswered whether or not you arc making a claim fill' damages) -- With respect to any vehicle yon owned thaI was involved in the incident, state: (b) The identity orany person who pcrlill'll1ed repairs to the vehicle lollowing the incident; (c) The total amount ofthc repair hill(s), 01' irnot yet repairccl, the total estimated cost of repairing the vehicle or the estimated vulue of the damages 10 the vchicle (include thc identity of the person filrnishing any such estimate); (d) Thc date and place or last state inspcction prior to the incident and idcntify the pcrsonmaking said inspection; and (e) The nallll'e oruny delccl in or prohlem with the vehicle and the length of lime such delcct or prohlem existed. -END- 33 n. Whenever you arc lIsked to "idenlily" a doeulIlent, the li)lIowing inlill'lualion should be given as to each docllmenl of' which you arc awaw, whether or not YOll have possession, cuslody, 01' control thereof: (I) The natlll'e of thc documcnt (e.g., Icller, memorandum, computcr print-ollt, computer liles, cOlllpUCer discs, minutes, resolutions, tapc recording, etc.); (2) Its date (01' if' it bcars no date, the date when it was prepared); (3) The namc, address, employer, and position of the signer or signcrs (01' iftherc is no signer, of'the person who prcpared it); (4) The name, address, employer, and position of'the person, ifany, to whom lhe document was sent; (5) If' you have possession, custody, or control of the document, the location, and designation of the place or file in which it is contained, and the name, address, and position of the person having custody of'the document; (6) If you do not have possession, custody, 01' control of the document, the present location thereof and the name and address of the organization having possession, custody, or controlthcreol; and (7) A brief statemcnt of the subject malleI' of' such document. C. If documenls or other tangible things requested are outside the possession, custody, or control of Defendant but Defendant has knowledge of the person 01' entity in whose' 3 3. All photographs in the possession, custody, or control of the Delendant, counsellor the De/cndant, or any other person or entity aeting on hehalr or Delendant, including any insurers lor Defendant showing, representing or purporting to show any of the locales, property, instrumentalities, automobiles, and any and all other matters related to the sul~jcct matter of this litigation. 4. All diagrams, sketches, drawings, plans, mcasl1l'ements, or blueprints in the possession, custody, or control of the Defendant, counsellor the Ddendant, or any othcr person or entity acting on behalf of Defendant, inclnding any ,insurers for Defendant. 5. All statements, signed statemenls, transcripts or reeorded statements or interviews, recorded statements if not transcrihcd or any statement of rccorded statements if not transcribed verbatim takcn of any partics, persons, or witncsses as part of an investigation of the happening or cause of the incident in question, conductcd by, or in the possession of Defendant, Defendant's attorney, insurers or anyone else aCling on behalf or Defcndant 6. All expert opinions, expert reports, expert summarics or other writings of experts in the possession, custody or control or Defendant or Defendant's attorncys or insurers, which relate to the subject matter of this litigation and the incident in qucstion. 5 . ' ALElSSA McCUTCI lEON (FORMERLY ALElSSA MAPI.ES) INDIVIDUALLY AND AS ADMINISTRATRIX OF TIlE ESTATE OF ROBERT G. MAPLES, JR. Plaintifl:~ : IN TIlE COI JRT OF COMMON PLEAS OF : CIIMIIERI.AND COIINTY, PENNSYLVANIA I' 11_\ I! I. I' , . , . i ,. v. : NO. ')S-3-11i4 114 BRIDGE STREET INC. A PENNSYL VANIA CORPORATION a\kla NICK'S 114 CAFE : CIVil. ACTION - LAW AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, De/cndants : .fURY TRIAL DEMANDED crmTfFICATI,: OF srmVICI!: I herchy certify that I have this day served I'laintifl:~' Interrogatories and Plaintiffs' Rcquest tor Production of Documents and Records addrcssed to Dcfcndant Brooks Allcn hy first class mail, postage prepaid, addrcssed to thc following pcrsons: James.J. McCarlhy, Esq. 502 West Ollice Center Drive Suite IiOO Fl. Washington, PA 19034 Donald 13. Iloyl, Esq. Blakey, Yost, Ilupp &. Schaul11i1un 17 East Markel Street York,PA 17401 Date: ((jl t::; kl <i ADLER & CLARA VAL By \):"2 reA, \_(i ~)J~&.vC_.d/\.v.?- DENISE I. WILLIAMS, Secretary For Rohert F. Clamval 1_._- '- , , . .... ALElSSA McCUTCIIEON (FORMERL Y ALEISSA MAPLES) INDIVIDUALL Y AND AS ADMINISTRATRIX OF THE ESTATE OF ROBERT G. MAPLES, JR. Plaintiffs IN TilE COURT OF COMMON PLEAS OF CUMIlERLAND COUNTY, PENNSYLVANIA v. NO. 98.3464 114 BRIDGE STREET INC. A PENNSYL VANIA CORPORATION a\k\a NICK'S 114 CAFE CIVIL ACTION - LA W AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Defendants : JURY TRIAL DEMANDED CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to scrvice of a subpoenas for documcnts and things pursuant to Rule 4009.22, Plaintiffhcreby certifies the following: (I) Notices of Intcnt to serve subpoenas, with a copies of the subpoenas attached thereto, were mailed, or delivered to each party at least 20 days prior to thc date on which the subpoenas were sought to be served; (2) Copies of the Notices of Intent, including the proposed subpoenas, arc attached to this Certificate; "..~:,.:\.'-,~J;~,~ .. ALElSSA McCUTCllliON (FORMElU.Y ALEISSA MAPLES) INDIVIDUALLY AND AS ADMINISTRATRIX OF TIlE ESTATE OF ROBERT G. MAPLES, JR. I'lainlirls IN TIlE COURT OF COMMON PI.liAS OF CUMBERLAND COUNTY, I'ENNSYI ,VANIA v. NO. ')X-3464 114 BRIDGE STREET INC. A PENNSYLVANIA CORPORATION alkla NICK'S 114 CAFE CIVIL ACTION - LA W AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Defendants : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVIi: SUBPOIi:NAS TO PRODUCE DOCUMENTS AND THINGS 1I0R DISCOVERY I'lmSUANT TO RULE 4009.1 Plainti IT intends to scrvc a subpocna identical to the one attached to [his Notice. You have twenty (20) days !i'Dlll the date of this Noticc in which to /ilc of rccord and serve upon the undersigned an objection to thc subpoena. Ifno objection is made thc subpoena may be scrved. Respectfiilly submitted; Date: ~E.. ~S, ('19 f{ I ADLER& CLARA VAL I3Y~e. . 6;:(2 Robert F. Claraval, Esq. 125 Locust Street P.O. Box] 1933 Harrisburg, PA 17108.]933 (717) 233.4780 Attorney J.D. 1119222 Atlol'l1ey for Plaintiff ---.......' '---' 1 The purpose or this deposition is lill' copying only, alld it is assumed that no atlol'l1eys will be present. I I' all Pllrties agree pursulInt to the applicllhle I'enllsylvania Rules or Civill'rocedure 4002, in lieu or a lilJ'I11al deposition, the nHlnner of depositioll shall be hy writlen affidavit or the Records Custodian of the I larrisburg Ilospital, al such time and place as the Rccords Custodian may be aVllilable. Certified photocopies orthe above dcseribcd rccords as reproduced by the Ilnrrishurg Hospital will be accepted in filII compliance with the subpoena duce.\' leel/ll', and the deposition will not be filcd ofrecOl'd. Complete copies of any reproduced records will be provided to all counsel nl their expense upon specilic request. ,:. Date: Robcrt F. Claraval Allorney for Plaintifr COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ) Personally appeared before me, a notary public in and for said Commonwealth and County, , Records Custodian for the Harrisburg Hospital, who being duly sworn according to law, deposes and says that he/she has produced a tme and correct copy of any and all informntion as requested in the records subpoenn served upon him/her. Records Custodian lIarrisburg Hospital SWOI'll to and subscribed before me this day of ,1998 Notary Public My commission expires: 2 ALElSSA MeClJTCllEON (FORMERLY ALEISSA MAPLES) INDlVIDUAI.I.Y AND AS ADMINISTRATRIX OF TIlE ESTATE OF ROBERT G. MAPLES, JR. Plaintiffs : IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-3464 114 BRIDGE STREET INC. A PENNSYLVANIA CORPORATION alkla NICK'S 114 CAFE CIVIL ACTION. LA W AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, De/cndants : JURY TRIAL DEMANDED TO: New Cumberland Police Department ] 120 Market Street New Cumberland, PA 17070 PLEASE TAKE NOTICE that the record deposition of I.he New Cumberland Police Department, for copics of all documents identified in thc attached Subpoena Duces Tecum will be taken pursuant (0 the applicable Pennsylvania Rules of Civil Procedure before a notary public or other ofliccr authorized to administer oaths at: Adler & C1at"aval 125 Locust Street Harrisburg, P A 17101 on August 14, 1998 beginning at 10:00 a.m. The original subpoena spccilically requests: Complete eopy of all documentation including reports, investigative notes, interviews and photographs prepared regarding the June 22, ] 997 incident involving Brooks Allen and Robert G. Maplcs, Jr. Complete copy of any and all documentation regarding arrests or ealls to Nick's J J 4 Cafe for any rcason in thc two years prior to June 22, 1997. ALElSSA McCUTCllEON (FORMERLY ALEISSA MMLES) INDIVIDUALLY AND AS ADMINISTI{ATRIX OF THE ESTATE OF ROBERT G, MMLES, JR. Plaintiffs : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 98-3464 J 14 BRIDGE STREET INC. A PENNSYLVANIA CORPORATION ll\kla NICK'S 114 CAFE : CIVIL ACTION - LA W AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Defendants : JURY TRIMJ DEMANDED TO: Fairview Township Police Department 599 Lewisberry Road New Cumberland, I' A 17070 PLEASE TAKE NOTICE that the record deposition of the Fairview Township Police Department, for copies of all doclll~lents identitied in the attached Subpoena Duces Tecum will be taken pursuant to the applicable Pennsylvania Rules of Civill'rocedure before a notary public or other officer authorized to administer oaths at: Adler & Claraval 125 Locust Street Harrisburg, P A 1710 I on August 14, 1998 beginning at 10:00 a.m. The original subpoena speci tically requests: Complete copy of all documentation including reports, investigative notes, interviews and photographs prepared regarding the .June 22, 1997 incident involving Brooks Allen and Robert G. Maples, Jr. ....:, ALEISSA tvIcCUTCIIEON (FOIHvIEltLY ALElSSA MAPLES) INDIVIDUALLY AND AS ADtvlINIS'IHATRIX OF TIlE ESTATI'l OF ROBERT G. MAPLES, JR. Plaintin:~ v. 114 BRIDGE STREET INC. A PENNSYLVANIA CORPORATION a\kla NICK'S 114 CAFE AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Defendants : INTI IE COURT OF COMMON I'LEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1)8-3464 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUB!'OENAS TO PRODUCE DOCUMENTS AND THINGS FOR nISCOVERY PURSUANT TO RULE 4009.1 Plaintiff intends to serve a subpoena identical to the one attached to this Notice. You have twenty (20) days from the date of this Notice in which to liIe of record and serve upon the undersigned an objection to the subpoena. Ifno objection is made the subpoena may be served. Date: JJA0Lr::. ;J.$ .m'L I Respectfully submitted; ^O~ Ch~~" 2Jw, By (~ -6 Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, P A 17108-1933 (717) 233-4780 Attorney I.D.1I19222 Attorney lor Plaintiff ALElSSA McCUTCHEON (FORMERL Y ALElSSA MAPLES) INDlVIDUALL Y AND AS ADMINISTRATRIX or TIlE ESTATE or ROBERT G. MAPLES, JR. Plaintiffs : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-3464 114 BRIDGE STREET INC. A PENNSYLVANfA CORPORATION a\k\a NICK'S 114 CArE CIVIL ACTION . LAW AND BROOKS W. ALLEN, AN ADULT INDfVIDUAL, Defendants : JURY TRIAL DEMANDED TO: Pennsylvania State Police Records & fdentification Division I ROO E1mcrton A venue Harrisburg, PA 17109 PLEASE TAKE NOTICE that the record deposition of the Pennsylvania State Police, for copies of all documents identified in the allached Subpoena Duces Tecum will be taken pursuant to the applicable Pennsylvania Rules of Civil Procedure before a notary public or other ot1icer . authorized to administer oaths at: Adler & Claraval 125 Locust Street Harrisburg, PA 17101 on August 14, 1998 beginning at 10:00 a.m. The original subpoena specifically requests: Complete copy of all documentation including reports, investigative notes, interviews and photographs concerning the arrest of Brooks W. Allen, 0013 11/18170, Driver No. 22 902 R75, on June 22, 1997. The purpose or this deposition is fill' copying only, IInd it is lIssumed thai no ullorneys will he present. I J' all parties agree pursuant to the applicahle Pennsylvallia Rules of Civil Procedure 4002, in lieu of a formal deposilion, the manner of dcposilion shall he by wrillen aflidavil of the Hecords Custodiun of the I'ennsylvania State Police, ut such time ulld place as the Records Cuslodian may be available. Certified photocopies of the above dcscrihed records as reproduced by the Pennsylvania State Police will be accepted in liill compliance with the subpoena dl/ces !ecl/lIl, and the deposition will not be filed of record. Complete copies of any reproduced records will be provided to all counsel at their expense upon speci fic request. Date: Robert F. Claraval Allorney for Plaintiff COMMONWI~ALTH OF PENNSYLVANIA ) SS, COUNTY OF ) Personally appeared before me, a notary public in and for said Commonwealth and County, , Records Custodian for the Pennsylvania State Police, wbo being duly sworn according to law, deposes and says that he/she has produced a tme and correct copy or any and all information as requested in the records subpoena served upon him/her. Records Custodian Pennsylvania State Police Sworn to and subscribed before me this day of ,1998 Notary Public My commission expires: 2 ~~.' ALEISSA McCUTCllEON (FORMERLY ALElSSA MAPLES) INDIVIDUALL Y AND AS ADMINISTRATRIX OF TIlE ESTATE OF ROI1ERT G. MAPLES, JR. Plaintiffs : IN TilE COURT OF COMMON PLEAS OF : ClJMIIERLAND COUNTY, I'ENNSYLV ANIA v. : NO. 98-3464 114 BRIDGE STREET INC. A I'ENNSYL VANIA CORI'ORATlON alkla NICK'S 114 CAFE : CIVIL ACTION - LAW AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Delendants : JURY TRIAL DEMANDED NOTICE OF INTRNT TO SlmVE SUBPOl~NAS TO I'ROOUCE OOCUMENTS ANI) THINGS 1I0R DISCOVERY PlmSUANT TO RULE 4/109.1 PlaintifTintends to serve a subpoena identical to the one attached to this Notice. You have twenty (20) days Irom the date ol'this Notice in which to file ol'record and serve upon the undersigned an objection to the subpoena. I I' no objection is made the subpoena may be served. Respectfully submitted; Date: -Ldt 'a ~ I I '-)~ ADLER C ARA ~J .... By' Is) , Robert F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg,I'A 17108-1933 . (717) 233-4780 Attorney LD. 1119222 Attol'l1ey for Pia inti 1'1' '~. I The purpose of this deposition is f()[' cnpying only, and it is assumed that no attol'l1eys will be present. I I' all parties agree pursuant to the applicable Pennsylvania Rules of Civill'roeedlll'e 4002, in lieu of a formal deposilion, the manner of deposition shall be by written affidavit of the Records Custodian of the Pennsylvania Liquor Controll1oard, at such time and place as the Rccords Custodianlllay be available. Certilied photocopies of the above described rccords liS reproduced by the Pennsylvania Liquor Control Board will be aceepted in full compliance with the subpoena duccs tCCU/ll, and the deposition will not be Iilcd of record. Complete copies of any reproduced records will bc provided to all counsel at Iheir expense upon specilic request. Date: Robert F. Claraval Allorncy for Plaintiff COMMONWEALTH OF I'ENNSYLVANIA ) SS. COUNTY OF ) Personally appeared before me, a notlllY public in and for said Commonwealth and County, , Records Custodian for the Pennsylvania Liquor Controll3oard, who being duly sworn according to law, deposes and says that he/she has produced a true and correct copy of any and all information as requested in the records subpoena served upon him/her. Records Custodian Pennsylvania Liquor Controll3oard Sworn to and subscribed before mc this day of ,1998 Notary I'ublic My commission expircs: 2 COMMONWEI\UI'H or PGNNSYTJVJ\NTA COUNTY or CUMI3ERT.,I\ND NO. 98-3464 19 -2D ALEISSA McCUTCHEON (FORMERLY ALEISSA MAPLES) INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ROBERT G MAPLES, JR., PLANTIFFS . Ii vs. 114 BRIDGE STREET INC., A PENNSYLVANIA CORPORATION, and BROOKS W.ALLEN, AN INDIVIDUAL, DEFENDANTS SUBPOENA TO: General Accident Insurance 1. You are ordered by the court to come to 125 Locust (specify at Harrisburq , Pennsylvania, Street courtroom on Auqust or other place) 14. 1998 at 10:00 o'clock ---A.M., to testify on behalf of Plaintiff in the above case, and to remain until excused. 2. And bring with you the following: Complete copy of your files regardinq 114 Bridqe Street. Inc. and U14 Bridge Street. Inc.. specifically includinq but not limited to the underwriting file. applications for insurance and anv clairnamade. BY THE COURT, DATE By: Prothonotary Seal of the Court For information concerning this subpoena, contact: Robert F. Claraval. Esq. (Name) 125 Locust Street. Harrisburg. PA 17101 (Address) (717) 233-4780 Telephone Number The purpose of Ihis deposition is IiII' copying only, and it is assumed that no allorneys will he present. Ii' 1111 parties agree pursuant 10 the applieahle I'eunsylvania Rules of Civill'rocedlll'e <1002, in lieu of a lill'lual deposition, the manner of deposition shall he hy written af'lidavil of the Records Custodian of the General Accidcnl Insurance, at such time and place as the Records Custodian may be availahlc. Certilied photocopies oflhe above descrihed records as reproduced by the General Accident Insurance wjll he accepted jn full compliance wilh lhe subpoena dllces teCIII/J, and the deposition will not be Jiled oi'reeord. Complete copies of any reproduced records will be provided to all counsel at their expcnse upon speci/ic request. , Date: Robert F. Claraval Attorney lor I'lainlii'i' COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ) Personally appeared before me, a notary public in and lilr said Commonwealth and County, , Records Custodian for the General Accident Insurance, who being duly sworn according to law, deposes and says that he/she has produced a (rue and correct copy of any and all information as requested in the records subpoena served upon him/her. Records Custodian General Accident Insurance Sworn to and subscribed before me this day of .,1998 Notary Public My commission expires: 2 ." -I SHERIrr'S RETURN - OUT Or COUNTY CASE NO: 1998-03464 P COMMONWEALTH Or PENNSYLVANIA: COUNTY Or CUMBERLAND ~ l~ [, /i II , MCCUTCHEON ALEISSA ET AL YS. 114 BIRDGE STREET INC ET AL R. Thomas Kline . Sheriff, who being duly sworn according and inquiry for the within to law, says, that he made a diligent search named defendant, to wit: ALLEN BROOKS W but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND to serve the within NOTICE AND COMPLAINT County, Pennsylvania. On Auoust 13th, 1998 . this office was in receipt of Pennsylvania. the attached return from NORTHUMBERLAND County, Sheriff's Costs: Docketing Out of County Surcharge DEP NORTHUMBERLAN So ans~ @ ... H~as K11~~1U 18.00 9.00 6.00 36.72 $6~.72 ADLER & CLARYAL 08/13/1998 Sworn and subscribed to before me this /.3tl::- day of (X t' ,p 19 Cj'f A.D. qLy" tfr ~. O~t. d~ ro one ar')' I j il ~ r: j 34-35. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to respond to the allegations contained in paragraphs thirty-four (34) and thirty-five (35). COUNT I 36-51. The allegations contained in paragraphs thirty-six (36) through fifty-one (51) do not pertain to answering defendant. COUNT II 52-57. (52) through defendant. The allegations contained fifty-seven (57) do not in paragraphs fifty-two pertain to answering COUNT I II 58. Defendant, Brooks W. Allen, incorporates herein by reference the averments contained in paragraphs one (1) through fifty-seven (57) of the foregoing Answer as if fully set forth herein. 59. Denied. The allegations contained in paragraph fifty- nine (59) are denied as conclusions of law. 60. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to respond to the avermencs contained in paragraph sixty (60) and therefore, strict proof is demanded at trial, if relevant. 61. Denied. After reasonable investigati.on, answering defendant is without knowledge or information sufficient to respond to the averments contained in paragraph sixty-one (61) and therefore, strict proof is demanded at trial, if relevant. -2- 62(a-d). Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to respond to the averments contained in paragraph sixty-two (62), subparagraphs (a) through (d), and therefore, stdct proof is demanded at trial, if relevant. WHEREFORE, Defendant, Brooks W. Allen, respectfully requests that this Court grant jUdgment in his favor and against the Plaintiff on the Complaint, together with costs and expenses. COUNT IV 63. Defendant, Brooks W. Allen, incorporates herein by reference the averments contained in paragraphs one (1) through sixty-two (62) of the foregoing Answer as if fully set forth herein. 64. four (64) Pennsylvania pleading. 65 (a-g). Denied. The allegations contained in paragraph sixty-five (65), sUbparagraphs (a) through (g), are denied and deemed at i.ssue pursuant to Pennsylvania Rule of Civil Procedure 1029 (e) . Moreover, after reasonable investigation, answering defendant is without knowledge or information sufficient to respond to the statements made in paragraph sixty-five (65), subparagraphs (a) through (g). Denied. The allegations contained in paragraph sixty- are denied as conclusions of law to which the Rules of Civil Procedure require no responsive -3- .~ WHEREFORE, Defendant, Brooks W. Allen, respectfully requests that this Court grant judgment in his favor and against the Plaintiff on the Complaint, together with costs and expenses. NEW MATTER 66. Defendant, Brooks W. Allen, incorporates herein by reference the averments contained in paragraphs one (1) through sixty-five (65) of the foregoing Answer as if fully set forth herein. 67. The Plaintiff's Complaint fails to state a claim upon which relief can be granted. 68. Plaintiff's claims are barred in whole or in part by the doctrines of contributory/comparative negligence and assumption of risk. 69. Plaintiff has not sustained any injuries cognizable under Pennsylvania law as a consequence of answering Defendant's alleged action. 70. Plaintiff's claims are barred in whole or in part because Plaintiff's alleged injuries, if any, were not caused by the actions of Defendant, Brooks W. Allen. 71. Plaintiff's claims are barred because the plaintiff has sustained no injuries in fact. 72. Plaintiff's claims are barred by the applicable statute of limitations. 73. Plaintiff has not alleged facts sufficient to support her allegations of negligence. -4 - 74. Plaintiff's allegations are vague and insufficiently pleaded under Pennsylvania law. WHEREFORE, Defendant, Brooks W. Allen, respectfully requests that this Court grant judgment in his favor and against the Plaintiff on the Complaint, together with costs and expenses. NEW MATTER PURSUANT TO RULE 2252 (d) OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE 75. Answering Defendant, Brooks W. Allen, incorporates herein by reference for the purposes of New Matter Pursuant to Pa.R.C.P. 2252 (d) only, Plaintiff's Complaint as though fully set forth at length herein. All allegations of negligence in Plaintiff's Complaint are specifically denied on behalf of answering Defendant, Brooks W. Allen, which denials are more fully set forth in his Answer, which is incorporated herein by reference. 76. Answering Defendant, Brooks W. Allen, avers by way of further defense that if the Plaintiff sustained injuries or damages as alleged in the Complaint, then said injuries or damages were not the result of any acts and/or omissions on the part of answering Defendant; but rather, Defendant, 114 Bridge Street, Inc., is primarily liable for any injuries which may have been suffered by Plaintiff and which are subsequently established at time of trial. 77. If as a result of the matter alleged in the Complaint, the answers thereto or any of them, answering Defendant, Brooks W. Allen, may be held liable for all or part of such injuries or damages as Plaintiff may have suffered and which are subsequently established at time of trial, then Defendant, 114 Bridge Street, -5- 8. Plainlins' counsel had written to defense counsel and pointed out the lack of proper verification to lhe Answer and Crosselaim and o/'tered defense eounsellhe opportunity to supply a verification withoulthe necessity of filing a preliminary objection and requiring this Court's intervention. As of the date of this prcliminary objcction. no responsc was rcceivcd by Plaintiffs' counsel from dcfense counsel. A copy of that letter is attached as Exhibit B. WHEREFORE, the Plaintiff Aleissa McCutcheon moves this Court for an Order citherstriking the Defendant 114 Bridge Street.lnc.'s Answer and Crossclaim and its' Reply to New Matter or in the alternalive, requiring that the Answer and Crosselaim and Reply to New Matter be verified by an officer of 114 Bridge Street, Inc. Respectfully submitted; ADLER & CLARA V AL Date: ...<:{m. /~, /'f'1g , ByQJq-t1~ Robert F. Claraval, Esq. 125 Locust Street P.O. Box 1 1933 Harrisburg, I' A 17 I 08-1933 (717) 233-4780 Attorney I.D. # 19222 Attorney for Plaintiffs 1. If! ~. IX!' I:~, : iJ !~. [d;:;.',' :ij::. ~'e' i( ~'/":\ ;jr~}: ii" ! Ii; j:-:_:~, I:: 'I "Ii .l,,,, C" ,::...\-; "':---':, ';~~~~ 3 ALElSSA McClJTCllEON (FORMERLY ALEISSA MAPLES) INDIVIDUALLY AND AS ADMINISTRATRIX OF TilE ESTATE OF ROBERT G. MAPLES, JR. Plainti /'Is : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-3464 114 BRIDGE STREET INC. A PENNSYLVANIA CORPORATION a\k\a NICK'S 114 CAFE : CIVIL ACTION - LAW AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Preliminary Objection in the Nature of Motion to Strike the Answer and Crosselaim and Reply to New Matter as Filed by Defendant 114 Bridge Street, Inc. by first e1ass mail, postage prepaid, addressed to the following person: Donald B. Hoyt, Esq. Blakey, Yost, Bupp & Schaumannl7 East Market Street York,PA 17401 James J. McCarthy, Esq. 502 West Office Center Drive Suite 600 Ft. Washington, PA 19034 ADLER & CLARA V AL Date: ~ I '6 )9 't By \lo. ~ \JJ \ MOo. Y\J\/.V DENISE I. WILLIAMS, Secretary For Robert F. Claraval VERrFICA TION I, Donald B. Hoyt, Esquire, do hereby verifY that I am the attorney of record for the pleading parties herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, infonnation and belief, upon infonnation supplicd. I understand that false statements made hercin arc madc subject to the penalties of 18 Pa. C.SA ~4904 relating to unsworn falsification to authorities. Dated: August 27, 1998 JAMES J. McCARTHY & ASSOCIATES, BY: James J. McCarthy, Esquire Identification No. 68891 Nicole Garis, Esquire Identification No. 77219 555 NORTH LANE SUITE 6050 CONSHOHOCKEN, PA 19428 (610) 825-5100 P.C. 80,306 Attorneys for Defendant, Brooks W. Allen ALEISSA McCUTCHEON (Formerly ALEISSA MAPLES) Individually and as Administratrix of the Estate of ROBERT G. MAPLES, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 98-3464 v. 114 BRIDGE STREET INC. and BROOKS W. ALLEN TWELVE JURORS DEMANDED CERTIFICATE OF SERVICE I, James J. MCCarthy, Esquire, do hereby certify that I caused a copy of the foregoing, Reply of Defendant, Brooks W. Allen, to New Matter Pursuant to Pa. R.C.p. 2252(d) of Defendant, 114 Bridge Street, Inc., to be served this day by United States first class mail, postage prepaid to: Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Schaumann, LLP 17 E. Market Street York, PA 17401 Robert F. Claraval, Esquire Adler & Claraval 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108 JAMES J. McCARTHY & ASSOCIATES, P.C. JAMES NICOLE G Attorneys for Defendant, Brooks W. Allen Date: September 21. 1998 JAMES J. McCARTHY & ASSOCIATES, BY: James J. McCarthy, Esquire Identification No. 68891 Nicole Garis, Esquire Identification No. 77219 555 NORTH LANE SUITE 6050 CONSHOHOCKEN, PA 19428 (610) 825-5100 P.C. 80,306 , Attorneys for Defendant, Brooks W. Allen i ALEISSA McCUTCHEON (Formerly ALEISSA MAPLES) Individually and as Administratrix of the Estate of ROBERT G. MAPLES, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 98-3464 v. 114 BRIDGE STREET INC. and BROOKS W. ALLEN TWELVE JURORS DEMANDED CERTIFICATE OF SERVICE I, Nicole Garis, Esquire, do hereby certify that I caused a copy of the foregoing, Praecipe to Substitute Verification, to be served this day by united States first class mail, postage prepaid to: Robert Claraval, Esquire Adler & Claraval P.O. Box 11933 125 Locust street Harrisburg, PA 17108 Donald Hoyt, Esquire Blakey, Yost, Bupp & Schaumann 17 East Market Street York, PA 17401 JAMES J. McCARTHY & ASSOCIATES, P.C. l '1 J~ /7Z/ c."-z;Y0 .-/?7~;;/e-.t:---? JAMES J. MCCARTHY NICOLE GARIS Attorneys for Defendant, Brooks W. Allen Date: September 25. 1998 < r ~ .. " " ,,- " .; . l~\ ~:f .~~ ~.\.:!~,~...:.... . { .. ';,~::.,~~- .~~ 't- '_~,' I." ".....7 :! ;;'11." r .... . \ ,,";:'+ ; <tlti.!~ ; ,_ ,'~ ).;'1 ,~ \. ~.:r-('~ ~..' J.r: ,....... .,' P- ~ ;..~ _,' /x ,~~ .,.' ~ :.' ",r-.' .''' j ~ r- "._ "eFl ,~. .' '.~~; ". .......... "" '! "_,k ",' l ~\.. ()';; . \',-;, .j' ,~.'~,~ ' i{ . .~' :. ~ I , v ,. " , " , .t, '$" ''-1f '~ < '", .I'.l~'.' ."'.. -1" ,;, ;', Y. ~. 1 .;: y,;l~+-,"" " ./r'i~~. 1> .~~>. dMi; ,- ...~;;~~. " :! {r~ , ' : I ; , I l " " ;;i " :,.< I , 'I , ' , , ,/ . , C> '..co () ~;; :.J " :/) _. -cl ~ . +:1 -n :~~'] i ._;,:.' , ;: ~ i'.) ., :~ ,--1 I Ci~ Y (. , Cl '-'", - '. '. '-.1 \ _nO O' ( (::; ;~;~ ::..:;: ( -~~) ....'" c;; :--1 "\-,. ~ ~ :0 C;:) -< ~' ,\ 'I, , ' ALEISSA McCUTCI lEON (FORMERLY ALEISSA MAPLES) INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ROBERT G. MAPLES. JR. Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA " "" ~.~ ';~ I, .j' ~ ' r- i; I. , I' II v. : NO. 98-3464 114 BRIDGE STREET INC. A PENNSYLVANIA CORPORATION a\k\a NICK'S 114 CAFE : CIVIL ACTION - LAW AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please withdraw my Preliminary Objections to the Defendant 114 Bridge Street, Inc.'s Answer and Crossc\aim as well as to the Defendant 114 Bridge Street, Inc.'s Reply to New Matter. Both documents have becn properly verified. Respectfully submitted, ADLER & CLARA V AL ROBE T F. CLARA VAL, ES 125 Locust Street P.O. Box 11933 Harrisburg,PA 17108-1933 (717) 233-4780 Supreme Court IDiI 19222 Attorney for Plaintiffs Date: ~. 6I:'f, 1'19' K I By ,-, ','1 () ,~: C;J . , ,-, I .. : ., '\:.J , ! , .~-l : .. : I , '-' :~ l.) . ,L " . . --:j ':~:8 ,C) , , ;-,) \~.:)rn . -" "~ ; ~ ...~ .'J " 5J ~ IV -, . ALEISSA McCUTCHEON (FORMERL Y ALElSSA MAPLES) INDIVIDUALL Y AND AS ADMINISTRATRIX OF THE ESTATE OF ROBERT G. MAPLES, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W 114 BRIDGE STREET INC. A PENNSYL VANIA CORPORATION a/kJa NICK'S 114 CAFE AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Defendants NO. 98-3464 CIVIL TERM DRDER OF COURT AND NOW, this 2DtSay of October, 1998, upon consideration of the attached letter from Robert F. Claraval, Esq., attorney for Plaintiff, Plaintiffs Discovery Motion in the fonn ofa Motion To Compel Defendant 114 Bridge Street, Inc. to Answer Interrogatories and Respond to Request for Production of Documents is DEEMED MOOT and the Rule issued on September 24, 1998, is DISCHARGED. BY THE COURT, J ...., -- . ~ ALEISSA MCCUTCHEON (FORMERLY ALEISSA MAPLES) INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ROBERT G. MAPLES, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " ! Plaintiffs No. 98-3464 v. j 114 BRIDGE STREET INC. A PENNSYLVANIA CORPORATION a/k1a NICK'S 114 CAFE CIVIL ACTION - LAW AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL JURY TRIAL DEMANDED Defendants ORDER AND NOW, this _ day of , 1999, it is hereby ordered that Aleissa McCutcheon may not attend the deposition of Brooks Allen to be held at SCI-Coal Township. J. JAN 4 199!b 'f ALEISSA MeCUTCllEON (FORMERL Y ALElSSA MAPLES) INDIVIDUALL Y AND AS ADMINISTRATRIX OF TIlE ESTATE OF ROBERT G. MAPLES, JR. Plaintil'ls : IN TIll: COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. lJH-J4!i4 114 BRIDGE STREET INC. A PENNSYLVANIA CORPORATION a\k\a NICK'S 114 CAFE AND : CIVIL ACTION - LA W BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Dclendants : JURY TRIAL DEMANDED o IU) Ii: R AND NOW, this day of' , 1999 it is hereby ORDERED that Alcissa McCutcheon may allend the deposition of' Brooks Allcn with the understanding that Ms. McCutchcon should not in any way confi'clllt Mr. Allen nor shall he conli.ont her during the deposition. BY TIlE COURT: Judge r"., ~ ; .. . ,., o-..'.oQ i 0-- ., ! -- II ..:z : \ ~ ~. f i . I jn, ~ Robcrt F. Claraval, Esq. 125 Locust Street P.O. Box 11933 Harrisburg, I' A 1710g.1933 Attorncy for Plaintiff Donald B. Hoyt, Esq. 17 East Markct Strcct York,PA 17401 Jamcs J. McCarthy, Esq. 555 North Lane Suite 6050 Conshohockcn, I' A 19428 Jill C. Fluck, Esq. Assistant COllnsel Pennsylvania Departmcnt of Corrections 55 Utlcy Drive Camp Hill, PA 17011 :rc (I ,~.:...~ r>1Lfc':"Q',L I / ~.J 1 q . ~u- ",&"9, ,I .I, , . p ALI~ISSA MeCUTCllEON (FORMERL Y ALEISSA MAPLES) INDIVIDUALL Y AND AS ADMINISTRATRIX OF TilE ESTATI~ OF ROBERT G. MAPLES. JR. I'lainli/'ls IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA ~. ,I I' v. NO. 98-3464 114 BRIDGE STREET INC. A PENNSYLVANIA CORPORATION a\k\a NICK'S 114 CAFE : CIVIL ACTION - LA W AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Defendants : JURY TRIAL DEMANDED MOTION TO PERMIT ALEISSA MAPLES TO ATTEND THE DEPOSITION OF BROOKS ALLEN I. Counsel for the parties have agreed that the deposition of the Defendant Brooks Allen will be taken on February 8, 1999. 2. MI'. Allen is currently incarcerated at the State Correctional Institute at Cole Township for reasons rclating to thc instant law suit. J. The Cole Township Prison Warden /ws n:quesled that Aleissa Maples McCutcheon nol attend the deposition of MI'. Allen because of' his eoneel'l1 over a potential confi'ontation between Ms. McCutcheon and Mr. Allen. 4. Counsel Ii.>r Ms. McCutcheon has assured the Warden's administrative assistant that Ms. McCutcheon has no intention of'con/i'onting Mr. Allen or causing any disruption. In addition to hcr indisputablc right to bc prcsent as a party. Ms. McCutcheon is thoroughly knowledgeable in the facts of this casc and would prove helpful to her eounscl in questioning Mr. Allen. 5. Attol'l1ey Jill Fluck of the Departmcnt of Corrcctions is rcpresenting the interests of the Cole Township Prison in this particular matter and has requested that she be present before the Court to argue the Prison's position. 6. Donald Hoyt, Counsel lor the Defendant 1 14 Bridge Street, Inc. does not Oppose this motion. Counsel for Mr. Allen has nOlmade his position known although a request was made of counsel on December 16, 1998 at the deposition of various witnesses as to whether he opposed Ms. McCutcheon being present. Counsel indicated that he would advise Plaintiffs counsel but as of the date of'the tiling of this motion has not yet done so. '1 'y , physical accommodations for this deposition. In addition to Mr. Allen and the Court Stenographer, the deposition will be attended by three attorneys. 4. The Superintendent of SCI-Coal Township is willing to accommodate this deposition at the institution even though it will burden the institution by requiring it to make accommodations for this deposition even though the institution and the Department of Corrections are not parties to this matter. 5. Superintendent GiJlis is concerned about the attendance of Ms. McCutcheon (formerly Ms. Maples) as she is a victim of the crime for which inmate Brooks Allen is incarcerated. 6. The Department of Corrections has a formal policy covering requests from crime victims to meet with the inmate who has committed a crime against the victim. The policy sets forth conditions and restrictions for such meetings. This policy has been developed to ensure that such meetings are handled in a manner which is structured and is facilitated by a mediator trained in victim offender mediation. 7. Allowing a meeting between a victim and an inmate which is not subject to the conditions and restrictions of the policy contradicts the Department's established policy. 8. The Department also has a responsibility to maintain a secure correctional facility and to do so in a manner which is in keeping with Department policies. Superintendent Gillis is acting within his discretion to deny the request of a victim to meet with an inmate under circumstances which are not in keeping with Department policy. 9. For the above reasons, it is respectfully requested that the Court not allow Aleissa McCutcheon to attend the deposition of Brooks Allen. In the alternative, if the Court deems that her attendance at the deposition is required, it is requested that the Court Order require Ms. McCutcheon to not confront Nil'. Allen and that he not confront her during the (") \.:.:' I_'.J , . t)i " I C~. .-' " .~ ~) :.." h':' -,., . .. _(::1 .,~7 " .'.' -;,1 "J .;:; '..~l ~~ . \ ALEISSA McCUTCHEON (FORMERLY ALEISSA MAPLES) INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ROBERT G. MAPLES, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 114 BRIDGE STREET, INC., A PENNSYLVANIA CORPORATION a/k/a NICK'S 114 CAFE AND BROOKS W. ALLEN, AN ADULT INDIVIDUAL, Defendants 98-3464 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of January, 1999, upon consideration of Plaintiff's Motion To compel Defendant Brooks W. Allen To Answer Interrogatories and Respond to Requests for Production of Documents, and of the Response of Defendant Brooks W. Allen to Plaintiff's Discovery Motion, and of Plaintiff Aleissa McCutcheon's Response to "Response of Defendant Brooks W. Allen to plaintiff's Discovery Motion," and upon consideration of Plaintiff's Motion To permit Aleissa Maples To Attend the Deposition of Brooks Allen, and of the Response to Motion To Permit Aleissa Maples To Attend the Deposition of Brooks Allen filed by the Department of Corrections, and following a conference held in the chambers of the undersigned judge in which Plaintiff was represented by Robert F. Claraval, Esquire, Defendant was represented by Paul A. Lefebvre, Esquire, and the Department of Corrections was represented by David B. n , ;) (} l,:.J , , - -f~ .. -;, " : r.:..:. r , 'i'n , :',-, , CJ 1'-' , I ~'.) .' .. -, -" , .. 'e'; '-rll L.., ~ -) :::~ -:n ~ en -, .~_ :~-~..,.y., ,c:" ~;:;';'''~' Adler & Clara val AT rOI{NI.YS Ar I.AW !I.o' BOX 1 JlH] 11510CLJ~1 51HIII IIARRISlIlJIUi, 1'/\ 17101I.19!J I.OUI5 J. AIJIH HOllml r. C1AHAVAI WilliAM I. ADIIH CHAIG I. ADII,R " II PilON I (7171 HI--I/IIO lAX (1171 .!J.!.1(,711 KOliN AND ADI IR IIlJ.1J.19WI 1;01 IN, ADI IR & ADI IR (1%().1981l Junuary 25, 1998 Crawford & Company c/o Thomas Shaw 1800 Linglcstown Road Harrisburg, I' A 17110 Re: Estate of Rohert G. Maples, ./1'. v. 114 Bridge Street, Inc. lInd Bl'ool,s W. Allen Dear Mr, Shaw: Enclosed you willlind a Notice of ReeOl'd Dcposition and subpoena directing you to producc all rccords identilied in the subpocna, Thc subpoena directs you to produce these records at thc offices ofAdlcr & Claraval in Harrisburg, Pcnnsylvania, at 10:00 a.m. on Fcbruary IS, 1999. Kindly bring thc originals and thc rcproductions of thc rcquestcd rccords along with a statement for the duplication costs, As an altcrnative to your producing the rccords as rcquestcd, you may simply forward certified reproductions of thcse records to mc along with a statcment for the duplication expenses and the enclosed affidavit which you must cxecute, I would appreciate your advising me of your intentions at your carliest convenicnce, lfyou have any qucstions or need to discuss this malleI' lilrther, please feel free to contact me at thc number indicatcd above, RFC:diw Enclosurc cc: Alcissa McCutcheon Donald B. Hoyt, Esq. Jamcs J, McCarthy, Esq. l I () ....0 C' c: ,p -1\ ~<. ~ :J "1' c:: .. -. ..,1 f:E r.~', :>J i:-::' -, [ , - \(3 /,- t.: :~ .;, - (.....; , ~~~: i () ~'r. ~~: _-n - ~.::.~) - ::.)' \1 ::1 .? ;.' r::-) .-) ~ ~ , '