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Home My WebLink About99-02872! ? , i STEVEN E. HURLEY, Plaintiff V. PAULA RUBLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-2872 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, April 9, 2003. In this automobile accident case, while plaintiff originally filed his suit with counsel, counsel has since withdrawn alleging noncooperation of the plaintiff, and the plaintiff is now pro se. Appearing for the defendant at the pretrial conference is Michael Ferguson, Esquire, of the Nealon law office. Defense counsel has produced a letter dated January 28, 2003, which defense counsel sent to the plaintiff at his address of record, indicating that plaintiff should be appearing at the pretrial conference this date. Plaintiff has not appeared and has not communicated to the court regarding his absence. Defense counsel claims that the defense is prepared for trial and that this case is presently listed for trial during the week of April 28, 2003, at the regular jury trial term. This case is now specially set by the 99-2872 Civil In Re: Pretrial conference Page 2 court to commence on Monday, April 28, 2003, at 9:00 a.m. in Courtroom Number Three, for jury selection. Through this order, the court cautions Steven Hurley that if he does not show up at that time ready for trial that the defense counsel has indicated, at the pretrial conference, that they will be presenting appropriate motions to dismiss this action with finality. By the Court, Steven E. Hurley, Plaintiff 923 Nixon Drive Mechanicsburg, Pa. 17055 Michael Ferguson, Esquire For the Defendant Prothonotary Court Administrator :mtf ?U. ? ?l'.i •„??. I?C. r Jlf .i PRAECI19s roll LISPING CASE, FOR TItL1L (Musl he tvpewrillen and submitted fu duplicate) TO'I'llr. PROTHONOTARY OF (IIJIISI:RI.AND C'OUNT'Y: Please list tits lidlowing case: (('heek One) ( N ) Im JURY trial at the ncsl Iernn nfcivil court. ( 1 tin un;d t?ithout a jury. (CAPTION Or CAST?, entire caption must be state in full) (Check one) Steven I. l hurley Plaintill'(s) v.9. Paula Ruhle 1)elir11dant(s) ( \ ) Civil Action - Law ( ) Appeal from Arbitration (other) The trial list will he called on April 1, 2003 Trials commence on April 28, 2003 Oirfefs are due 5 days pretrial.) Pretrials will be held on April 9, 2003 (The party listing this case for trial shall provide forthwith a copy of the Praccipe to all counsel, pursuant to Local Rule 214.1,) No. 99-2872 Indicate the anorncv who will uy case Ibr the panty who files this Praecipe: Ja ics G Nealon, Ill, Esquire. 2411 North Front Strcct, I IMTiShtll'14, PA 17110 Indicale trial counsel Ibr other panics il,known: Pro se Pleintill, This case is ready lin• trial. NEALON & Lnurs ( i. Nealon. Ill. Esquire '.Ulomev ID. No. 46457 :Vtulnev Inr: 1)elendant 2411 North Flow Street I la msbure, PA 17110 (717) 23-1-9000 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants CIVIL ACTION - LAW No. 99-2872 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW AS PLAINTIFF'S COUNSEL TO THE PROTHONOTARY: Withdraw the entry of appearance for the Plaintiff by Knauer & Associates, L.S.C. Date: December 10, 2002 Respectfully submitted, KNA?`UUEE//77R & ASSOCIATES, L.S.C. w ?? e4 David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants CIVIL ACTION - LAW No. 99-2872 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 10th day of December 2002, serve a true and correct copy of the Praecipe to Withdraw as Plaintiffs Counsel on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Craig A. Stone, Esquire Mette, Evans and Woodside 3401 North Front Street Harrisburg, PA 17110 David W. Knauer squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ?" P ! C' ?-. ?_ ' r =' t:l??. - __ .'i ?-? ,. t_1= : ? _? .? - „) _i >n '_ L1 (1 t . -. U STEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2872 V. CIVIL ACTION - LAW PAULA RUBLE, JURY TRIAL DEMANDED Defendant IN RE: MOTION FOR SUMMARY JUDGMENT OF PLAINTIFF AND MOTION FOR SUMMARY JUDGMENT OF DEFENDANT BEFORE HOFFER, P.J., OLER, GUIDO, JJ. ORDER OF THE COURT AND NOW, ?„?Cu*'.1 2001, upon careful consideration of both parties Motion's For Summary Judgment, it is hereby ordered that Plaintiffs motion for Summary Judgment is denied. The motion for Summary Judgment of Defendant Paula Ruble is denied. However, there is no evidence of any outrageous, willful, or wanton conduct on the part of the Defendant, thus Defendant's motion to dismiss the punitive damage claim is granted as punitive damages are not to be awarded for conduct that merely constitutes ordinary negligence such as inadvertence, mistake, and errors of judgment. See McDaniel v. Merck. Sharp and Dohme, 533 A.2d 436, 367 Pa.Super. 600 (1987). By the Court, James G. Nealon, III, Esq. Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 l;?_3 01 l% Attorney for Defendant David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff "., a STEVEN E. HURLEY, Plaintiff V. PAULA RUBLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2872 CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION FOR SUMMARY JUDGMENT OF PLAINTIFF AND MOTION FOR SUMMARY JUDGMENT OF DEFENDANT BEFORE HOFFER, P.J., OILER, GUIDO, JJ. ORDER OF THE COURT AND NOW, J / , 2001, upon careful consideration of both parties Motion's For Summary Judgment, it is hereby ordered that Plaintiffs motion for Summary Judgment is denied. The motion for Summary Judgment of Defendant Paula Ruble is denied. However, there is no evidence of any outrageous, willful, or wanton conduct on the part of the Defendant, thus Defendant's motion to dismiss the punitive damage claim is granted as punitive damages are not to be awarded for conduct that merely constitutes ordinary negligence such as inadvertence, mistake, and errors of judgment. See McDaniel v. Merck. Sharp and Dohme, 533 A.2d 436; 367 Pa.Super. 600 (1987). By the Court, James G. Nealon, III, Esq. Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff o i !17C ? ! Pti 7_ gg1,??Cu C.UMPE ; FIEN"?SYLVNN!A STEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBELAND COUNTY, PENNSYLVANIA V. No. 99-2872 DUANE R. RUBLE and PAULA RUBLE, Defendants JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 8 h day of May, 2001, upon consideration of Plaintiff's praecipe to discontinue, filed pursuant to Pa. R.C.P. 229(b), the above action as to the Defendant Duane R. Ruble, only, is discontinued. BY THE COURT, / 664- - n1l eOlvesley Oler , J. David W. Knauer, Esq. Knauer & Associates, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff James G. Nealon, III, Esq. / Nealon & Gover P.O. Box 865 Harrisburg, PA 17108-0865 Craig A. Stone, Esq. Mette, Evans and Woodside 3401 North Front Street Harrisburg, PA 17110 74 - r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY CIVIL ACTION - LAW Plaintiff V. No. 99-2872 DUANE R. RUBLE and PAULA RUBLE Defendants JURY TRIAL DEMANDED ORDER TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. No. 238(b) the above action as to the Defendant Duane R. Ruble, only, is hereby discontinued. Co vrt- By the Pfa#ww etarye V? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff CIVIL ACTION - LAW V. DUANE R. RUBLE and PAULA RUBLE Defendants No. 99-2872 JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE PURSUANT TO PA.R.C.P. NO. 238(8) TO THE PROTHONOTARY: Mark the docket discontinued as to the Defendant Duane R. Ruble, only. This action is not discontinued or otherwise affected and that pursuant to Pa.R.C.P. No. 238(b) the Plaintiff has obtained consent of Paula Ruble, the remaining Defendant to discontinue the action as to the Defendant Duane R. Ruble only. The Plaintiff has marked as Exhibit "A", attached hereto and incorporated herein by reference thereto the written consent of the Defendant Paula Ruble's counsel to the discontinuance of the action as to the Defendant Duane Ruble, only. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ? . 1 v Lbw David W. Knauer, squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: April 30, 2001 (717) 795-7790 ?E6~EIl'? zQ0'l IN THE COURT OF COMMON PLEAS OF CUMBERLANR COUNTY, PENNSYLVANIA STEVENJE. HURLEY i CIVIL ACTION - LAW Pfamtiff ' ' v. No. 99-2872 DUANE R. RUBLE and PAULA RUBLE Defendants JURY TRIAL DEMANDED CONSENT TO DISCONTINUE PURSUANT TO PA R C P NO 238(6) AS TO ONE BUT NOT ALL DEFENDANTS The Defendant Paula Ruble pursuant to Pa.R.C.P. NO. 238(b) consent to the discontinuance of the above action as to the Defendant Duane R. Ruble, only. James P. Neaion, III, Esquire 1? E MAR 1 4 2001 w I 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY CIVIL ACTION - LAW Plaintiff V. No. 99-2872 DUANE R. RUBLE and PAULA RUBLE Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 30th day of April, 2001, serve a true and correct copy of the Praecipe to Discontinue Pursuant to PA.R.C.P. No. 238(B) on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover P. O. Box 865 Harrisburg, PA 17108-0865 Craig A. Stone, Esquire Mate, Evans and Woodside 3401 North Front Street Harrisburg, PA 17110 1/ U David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 el C ,` it ?? y 1 •x i- ? > r ?.? CL .,.J . ? ? ? ?/ l 0 i i ? S` ? ! ' ? ._ ?? U PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subuitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argumnt Court. CAPTION OF CASE (entire caption must be stated in full) Steven E. Hurley, V5. Duane R. and Paula Ruble, (Plaintiff) (Defendant) NO- 2872 Civil 1999 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's dw&m=er to complaint, etc.): Motion for Summary Judgment of Defendants, Duane R. and Paula Ruble. 2. Identify counsel who will argue case: (a) for plaintiff: David W. Knauer, Esquire Address: 411-A East Main Street Mechanicsburg, PA 17055 (b) for defendant: James G. Nealon, III, Esquire Address: 2411 North Front Street Harrisburg, PA 17110 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Axgumnt Court Date: May 23, 2001 Dated: ??? 71,E Attorney for Defendant ..,.. -: ,-. -? ,:. ;;; PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Steven Hurley Vs. (Plaintiff) Duane R. Ruble and Paula Ruble (Defendant) No 99-2872 Civil action-law *9 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Partial Summary Judgment Pursuant to PA.R.C.P. No. 1035.5 2. Identify counsel cfio will argue case: (a) for plaintiff: David W. Knauer, Esquire Address: 411A East Main St. Mechanicsburg, PA 17055 (b) for defendant: James G. Nealon, Esquire Craig A. Stone, Esq. Address: Nealon & Gover Mette, Evans, Woodside 2411 N Front St. 3401 N Front St. Harrisburg, PA 17110 Harrisburg,PA 17110 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argun nt Court Date: May 23, 2001 \'1 May 2, 2001 Dated: Attorney ror i= ? J t l 'U Cl- CL i ;.Z U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY CIVIL ACTION - LAW Plaintiff V. No. 99-2872 DUANE R. RUBLE and PAULA RUBLE Defendants JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Duane R. Ruble and Paula Ruble, their children and their attorney, James G. Nealon, III, Esq, Please be advised that on November 27, 2000 at 10:00 a.m., the Plaintiff will take the deposition of the Rubles' and their two children, before a person authorized by law to administer oaths at the Law Offices of Knauer and Associates, LSC, located at 411-A East Main Street, Mechanicsburg, PA 17055. The oral examination will continue from day to day until completed. You are requested to attend. Date: November 2.. 2000 Respectfully submitted, KNAUER & ASSOCIATES, LSC r 0? David . Knaucr, Esquire Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN T HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants : CIVIL ACTION - LAW No. 99-2872 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 2nd day of November, 2000, serve a true and correct copy of the Notice of Deposition on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover P. O. Box 865 Harrisburg, PA 17108-0865 va/z. David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ii_ L V .I c kL) It Ll i_72 al =J Cl Ca STEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 99-2872 DUANE R. RUBLE and PAULA RUBLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Defendants, Duane R. Ruble and Paula Ruble, certifies that: 1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the Subpoena is sought to be served, 2. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate. 3. No objection to the Subpoena has been received, and 4. The Subpoena, which will be served, is identical to the Subpoena that is attached to the Notice of Intent to Serve the Subpoena. DATE: 6/20/00 JA ES G. NEAL N, II , ESQUIRE I ATTORNEY FOR DEFENDANT STEVEN E. HURLEY, Plaintiff V. DUANE R. RUBLE and PAULA RUBLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-2872 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Duane Ruble and Paula Ruble, intends to serve Subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made the Subpoenas may be served. Date: 5/24/00 a- La- J rti Ja s G. Nealon, III, Esgwre Attorney for the Defendant C :;,. nealon n"'?.fl '??0.19 ATTBRNEYS AT LAW June 20, 2000 Dr. Chris Turnpaw 6481 Carlisle Pike Mechanicsburg, PA 17055 In Re: Steven E. Hurley, Jr. Social Security #: 186-68-7268 Dear Records Custodian: 301 MARKET STREET • 9^' FLOOR P.O. BOX 863 HARRISBURG, PA 17108 (717)232.9900 FAX, 1717) 236.9119 JAMES G. NEALON, III MATTHEW R. GOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, 1?') CJ-t--'0 Barbara Baker, Paralegal NEALON & GOVER BJB/bjb Enclosures STEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 99-2872 DUANE R. RUBLE and PAULA RUBLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Chris Turnpaw Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 91n Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: James G. Nealon, III, Esquire 301 Market Street, 9'" Fioor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant BY THE COURT: DATED: t . F / r a Ono Seal of the Court PROTHONOTARY l./ EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Dr. Chris Turnpaw ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Steven E. Hurley, Jr. SOCIAL SECURITY #: 186-68-7268 DATE OF BIRTH: 417179 STEVEN E. HURLEY, Plaintiff v DUANE R. RUBLE and PAULA RUBLE, Defendants TO: Dr. Chris Turnpaw . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNA. NO. 99-2872 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Dr. Chris Turnpaw, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DATE: Records Custodian n-wealon Silver Spring Police Department 6471 Carlisle Pike Mechanicsburg, PA 17055 June 20, 2000 In Re: Steven E. Hurley, Jr. Social Security #: 186-68-7268 Dear Records Custodian: 301 MARKET STREET • 9- FLOOR P.O. Box 865 HARRISBURG, PA 17108 (717) 232.9900 FAX: (717) 236.9119 JAMES G. NEALON, IE MATTHEW R. COVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, BJB/bjb Enclosures Barbara Baker, Paralegal NEALON & GOVER STEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 99-2872 DUANE R. RUBLE and PAULA RUBLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Silver Spring Police Department Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 91h Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with This Subpoena was issued at the request of the following person: James G. Nealon, III, Esquire 301 Market Street, 9th Floor Harrisburg, PA 17101 717-232.9900 Attorney for Defendant BY THE COURT. DATEDJ(yy??? .Ztb d PROTHONOTARY Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Silver Spring Police Department ALL DOCUMENTS INCLUDING BUT NOT LIMITED TO, STATEMENTS, PHOTOGRAPHS, ALL REPORTS, OR OTHER INVESTIGATIVE MATERIAL REGARDING AN ACCIDENT THAT OCCURRED ON MAY 25, 1997, INVOLVING STEVEN HURLEY. DATES REQUESTED: Up to and Including the Present SUBJECT: Steven Hurley SOCIAL SECURITY #: 186-68-7268 DATE OF BIRTH: 417179 STEVEN E. HURLEY, Plaintiff V. DUANE R. RUBLE and PAULA RUBLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-2872 . CIVIL ACTION - LAW . JURY TRIAL DEMANDED NOTICE TO: Silver Spring Police Department You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena, CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Silver Spring Police Department, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DATE: Records Custodian nva'alon VOWIVIr ?? AtTSy A?'6 N YS AT.LAW Dr. Brian Uniacke Cumberland Valley Physicians South Willow Mill Park Road Mechanicsburg, PA 17055 June 20, 2000 CHRISTOPHER J. KNIGHT 301 MARKET STREET • 9- FLOOR P.O. BOX 86S HARRISBURG, PA 17108 (717) 232.9900 FAX (7171236.91 19 JAMES G. NEALON, III MATTHEW R. GOVER BRIAN W. PERRY DAVID]. FREED In Re: Steven E. Hurley, Jr. Social Security #: 186-68-7268 Dear Records Custodian: You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal NEALON & GOVER BJB/bjb Enclosures STEVEN E. HURLEY, Plaintiff V. DUANE R. RUBLE and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-2872 PAULA RUBLE, CIVIL ACTION LAW Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Brian Uniacke - Cumberland Valley Physicians Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 91" Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with This Subpoena was issued at the request of the following person: James G. Nealon, III, Esquire 301 Market Street, 91h Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant BY THE COURT: DATED: ?F /Lr aoob Seal of the Court ARY v ?r J, EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Dr. [man Uniacke - Cumberland Valley Physicians ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Steven E. Hurley, Jr. SOCIAL SECURITY #: 186-68-7268 DATE OF BIRTH: 417179 STEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 99-2872 DUANE R. RUBLE and PAULA RUBLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED NOTICE TO: Dr. Brian Uniacke - Cumberland Valley Physicians You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Dr. Brian Uniacke - Cumberland Valley Physicians, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DATE: Records Custodian Nealon 301 MARKET STREET' 9^' FLOOR P.O. BOX 86S HARRISBURG, PA 17108 } (717(292.9900 Y FAX (717) 236.9119 li a BYR *'+,v?'S?«ia".fkSti.'!.'?W'. i -? ? V c Y S AT LAW JAMES C. NEALON, DI MATTHEW R. COVER BRIAN W. PERRY DAVID]. FREED June 20, 2000 CHRISTOPHER J. KNIGHT Dr. Francis J. Douggan, Jr. 423 North 21" Street Camp Hill, PA 17011 In Re: Steven E. Hurley, Jr. Social Security #: 186-68-7268 Dear Records Custodian: You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal NEALON & GOVER BJB/bjb Enclosures STEVEN E. HURLEY, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-2872 DUANE R. RUBLE and PAULA RUBLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4o09.22 TO: Dr. Francis J. Douggan, Jr. Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, g'" Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: James G. Nealon, III, Esquire 301 Market Street, 91h Floor Harrisburg, PA 17101 717-232.9900 Attorney for Defendant BY THE COURT: DATED: ? ? e., aCXJd Seal of the Court R THONOTARY EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Dr. Francis J. Douggan, Jr. ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Steven E. Hurley, Jr. SOCIAL SECURITY #: 186-68-7268 DATE OF BIRTH: 4/7/79 STEVEN E. HURLEY, Plaintiff V. DUANE R. RUBLE and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-2872 PAULA RUBLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED NOTICE TO: Dr. Francis J. Douggan, Jr. You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Dr. Francis J. Douggan, Jr., certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on _ have been produced. DATE: Records Custodian man ealon 301 MARKET STREET • 9TM FLOOR mm P.O. BOX 86S '• HARRISBURG, PA 17108 ' ? D (717) 232-990 . rover FAX: ( 717) 236.9119 . T t ' •MS1Y?'LT1RR?r A1'?TO EYS AT LAW JAMES G. NEALON, III MATTHEW R. COVER BRIAN W. PERRY DAVID J. FREED June 20, 2000 CHRISTOPHER J. KNIGHT Hershey Medical Center 500 University Drive Hershey, PA 17033 In Re: Steven E. Hurley, Jr. Social Security #: 186-68-7268 Dear Records Custodian: You are being served with a Notice and Subpoena for you to bring the records referred " to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Barbara Baker, Paralegal) NEALON & GOVER BJB/bjb Enclosures STEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 99-2872 DUANE R. RUBLE and PAULA RUBLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 91" Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: James G. Nealon, III, Esquire 301 Market Street, 91b Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant BY THE COURT: DATED llA?,r oZood R THONOTARY Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Hershey Medical Center ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Steven E. Hurley, Jr. SOCIAL SECURITY #: 186-68-7268 DATE OF BIRTH: 4/7/79 STEVEN E. HURLEY, Plaintiff V. DUANE R. RUBLE and PAULA RUBLE, Defendants TO: Hershey Medical Center IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-2872 CIVIL ACTION - LAW . JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Hershey Medical Center, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DA Records Custodian nealon ATTORNEYS AT LAW June 20, 2000 Harrisburg Hospital 101 South Front Street Harrisburg, PA 17101 In Re: Steven E. Hurley, Jr. Social Security #: 186-68-7268 Dear Records Custodian: 301 MARKET STREET • 9TM FLOOR P.O. BOX 86S HARRISBURG, PA 17108 (717) 232-9900 FAX: (717) 236.9119 JAMES G. NEALON, III MATTHEW R. GOVER BRIAN W. PERRY DAVID J. FREED CHRISTOPHER J. KNIGHT You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and plane indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay. In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the completed Certificate of Compliance by this office, your appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, 1 Barbara Baker, Paralegal NEALON & GOVER BJB/bjb Enclosures STEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 99-2872 DUANE R. RUBLE and PAULA RUBLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: Harrisburg Hospital Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9" Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: James G. Nealon, III, Esquire 301 Market Street, 9" Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant BY THE COURT: DATED: Lt.,+l- lL ;),pUv PROTHONOTARY Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: Custodian of Records For: Harrisburg Hospital ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT. DATES REQUESTED: Up to and Including the Present SUBJECT: Steven E. Hurley, Jr. SOCIAL SECURITY #: 186-68-7268 DATE OF BIRTH: 4/7/79 STEVEN E. HURLEY, Plaintiff V. DUANE R. RUBLE and PAULA RUBLE, Defendants TO: Harrisburg Hospital . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-2872 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Harrisburg Hospital, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DATE: Records Custodian mvelalon 1 .160vel A'IT601NEYS AY LAW June 20, 2000 Holy Spirit Hospital 503 N. 2151 Street Camp Hill, Pi, 17011 In Re: Steven E. Hurley, Jr. Social Security M 186-68-7268 Dear Records Custodian: 301 MARKET STREET - 911' FLOOR P.O. RO% 167 I IAKRI511MR0, PA 17101 17171272.9900 FAKt 17171226.9119 JAMES G. NFALON, III MA:IIIIEW K. GOVFR BRIAN W, PERRY DAVID J. FREED c1 IRIS'rOnwit J. KNIGIff You are being served with a Notice and Subpoena for you to bring the records referred to in the Subpoena for examination by the undersigned at the time and place indicated. In serving upon you the Notice and Subpoena, I am proceeding under applicable Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent to Service the Subpoena was served upon the attorney for the Plaintiff more than 20 days ago. No objections to the Subpoena have been filed. If you would prefer, you may in advance of the deposition date send us photocopies of the records. With such photocopies, please include your statement for the cost of preparing the same, which we will promptly pay, In addition, you must complete the enclosed Certificate of Compliance. Upon receipt of such photocopies and the. completed Certificate of Compliance by this office, ynur appearance will be canceled and the Subpoena withdrawn. Your cooperation in this matter is appreciated. Should there be any questions, please telephone the undersigned at the above number. Sincerely, Balbmla Baker, Paralegal NFALON 8 GOVER BJB/bjb Enclosures STEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 99-2872 DUANE R. RUBLE and PAULA RUBLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACHED at the offices of Nealon & Gover, 301 Market Street, 9" Floor, Harrisburg, PA 17101. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This Subpoena was issued at the request of the following person: James G. Nealon, III, Esquire 301 Market Street, 9t' Floor Harrisburg, PA 17101 717-232-9900 Attorney for Defendant BY THE COURT: DATED:, aCy?o di a- R THONOTARY Seal of the Court EXPLANATION OF RE(gUI.REp (zECORD$ TO: Custodian of Records For: Holy Spirit Hospital ANY AND ALL MEDICAL RE=CORDS, OFhICr N011-G, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS N011:_5, Ill-PORT'S OR 01111'_12 DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR 'IREATMENT, DATES REQUESTED: Up to and Includlnp tho Prosont SUBJECT: Stovon E, Hurloy, Jr. SOCIAL SECURITY #: 166.60-7266 DATE OF BIRTH: 417170 STEVEN E. HURLEY, Plaintiff V. DUANE R. RUBLE and PAULA RUBLE, Defendants TO: Holy Spirit Hospital IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-2872 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Records Custodian for Holy Spirit Hospital, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the Subpoena issued on have been produced. DATE: Records Custodian CERTIFICATE OF SERVICE AND NOW, this 20th day of June, 2000, 1 hereby certify that I have served the foregoing Certificate Prerequisite to Service of a Subpoena on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 Craig Stone, Esquire 3401 N. Front Street Harrisburg, PA 17110 n c.?cAv? I Ja es G. Nealon, III, Esq ire N m cr W W 0 < 3 0 J m 0 co n 0 ,n V K/ z p .J W ° U < z O N 4 O n < J N } W z a rp. F Q W ¢ r N Y < ¢ p N m x 0 m o a < J r N z w a m ill N ¢ < I 1 ? • B \ YM B41yb•I.U W110•Mf\IIB•MR1(0 O•NYN 7MI TIIpIhIY4MBBlY?4 yM1 IL M?YBUYB •'yv?lf? V:?i? ?.y CASE NO: 1999-02872 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY STEVEN VS. RUBLE DUANE R ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon RUBLE DUANE R the defendant, at 20:25 HOURS, on the 24th day of May 1999 at 1576 W LISBURN ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to DUANE RUBLE a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So ans Service Affidavit Surcharge 4.34 .00 8.00 omas Mine, eri DAVID W. MAUER 05/25/1999 by C eputy?SH riziz: Sworn and subscribed to before me / this day of 19 94* A.D. nono K1&g;E! L SHERIFF'S RETURN - REGULAR CASE NO: 1999-02872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY STEVEN E VS. RUBLE DUANE R RICHARD SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon RUBLE PUALA the defendant, at 20:25 HOURS, on the 24th day of May 1999 at 1576 W LISBURN ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to DUANE RUBLE a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers,^?= -?-- -_ Docketing 6.00 Affidavit . 0 0 Surcharge 8.00 R-'Tromas ine, 5 e2tr DAVID/1999ER by // e?pu?5 e i Sworn and subscribed to before me this _976` day of '7 lr 19 99 A.D. Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants CIVIL ACTION - LAW: No. 6 - ? 8 7.? ?;J JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBELAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persoa o por abogado y archivar en la corte enforma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 Respectfully submitted, Mhy 12 Date: April-13, 1999 DAVID W. KNAUER, P.C. n , W, avid W. Knauer, Esquire Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff CIVIL ACTION - LAW V. DUANE R. RUBLE and PAULA RUBLE Defendants No. 99- a P7,;- ?u%c0 7z-&o-- JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff Steven E. Hurley is an adult individual with an address of 923 Nixon Drive, Mechanicsburg, Pennsylvania. 2. The Defendant Duane R. Ruble is an adult individual with an address of RD 2, Mechanicsburg, Pennsylvania. 3. The Defendant Paula Ruble is an adult individual and wife of the Defendant Duane R. Ruble with an address of RD 2, Mechanicsburg, Pennsylvania. 4. At all times relevant herein, the Defendants Ruble were the owners of a certain piece and parcel of land with buildings thereon known as RD 2, Mechanicsburg, Pennsylvania. 5. On or about May 25, 1997, the Defendants permitted and provided to minors alcoholic beverages. Those minors included the Plaintiff herein who on May 25, 1997, was a minor in that he was under the age of 21 which is the legal age under the Liquor Code." *All further referenccs to the Plaintiff will designate him as a minor because the date of service was in his minority. 6. The Defendants violated 18 Pa.C.S.A. 6308 when they served alcoholic beverages to the Plaintiff on May 25, 1997. 7. The Plaintiffs Blood Alcohol level was.36 which was above the level permitted for the operation of motor vehicles in the Commonwealth of Pennsylvania. 8. The Plaintiff so operated his vehicle that he was unable to make a curve, rolled his vehicle and was thrown form his vehicle. 9. As a result of the vehicular collision, he suffered the following injuries including but not limited to a closed head injury, a right renal contusion-laceration, multiple rib fractures, fracture of the T8-T9 spinous process, stenosis involving his ureter, myofascial injuries and injuries to his musculi-skeletal system. Some of the aforesaid injuries are or may be permanent and progressive. 10. The Defendants' provision of alcohol to the Plaintiff was a substantial factor in causing the Plaintiffs vehicular accident and resultant injuries as aforesaid. 11. The Defendants' conduct in providing alcohol to the Plaintiff was the proximate cause of his vehicular accident and his resultant injuries as aforesaid. 12. The Defendants provided and/or permitted to be provided alcohol to minors on a frequent, continuing and ongoing basis prior to the Plaintiffs collision and resultant injuries. 13. The Defendants conduct in providing to and/or permitting alcohol to be given to minors on a frequent, continuing and ongoing basis to minors violated the laws of the Commonwealth of Pennsylvania on each and every occasion on which they did so and evidenced the Defendants' reckless disregard for the rights of others including but not limited to the Plaintiff and to any other motorists on the roads and highways of the Commonwealth of Pennsylvania. 14. As a result of the Defendants aforesaid conduct in providing to and/or permitting alcohol to be given to the Plaintiff, the Plaintiff is entitled to the following past and future elements of damages as appropriate as provided by the laws of the Commonwealth of Pennsylvania, to wit: a.) Pain and suffering; b.) Medical expenses; c.) Emotional distress; d.) Loss of enjoyment of life; e.) Loss of work; Q Impairment of economic horizons. HAS WHEREFORE, the Plaintiff demands judgement in #ier favor and against the Defendants in an amount in excess of the amount for mandatory referral to arbitration for both compensatory and punitive damages rA AH I Z Date: April 13, 1999 Respectfully submitted, DAVID W. KNAUER, P.C. af-i - 11?L David W. Knauer, quire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7 790 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities, we hereby certify that the facts in the foregoing pleading are true and correct to the best of our information and belief. Gate: 3 ?? ''- ?- ?.. n; ?? ? L: ? rL?C CV ' C ? YYY _., _ ,_ o ?: r- 0 7 . _ ?:? ,. a?? j c > r? .?,', ?C O STEVEN E. HURLEY, Plaintiff V. DUANE R. RUBLE and PAULA RUBLE, Defendants TO THE PROTHONOTARY: . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNA. . N0.99-2872 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please enter the undersigned's appearance on behalf of the Defendants, Duane and Paula Ruble, HIM with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER BY• ?. James G. Nealon, III, Esquire Attorney I.D. #46457 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 CERTIFICATE CF SERVICE AND NOW, this 3rd day of June, 1999, 1 hereby certify that I have served the foregoing Praecipe entering my appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: David w. Knauer, Esquire DAVID W. KNAUER, P.C. 411-A East Main Street Mechanicsburg, PA 17055 James G. Nealon, I11, Esquire Dated: b 13 1 nl `'1 r-• ? ' ` ii , ?, ,) 111L 1 ff- m U N 0 0 0 z u ? j 0 WW ( < 4 _ 0 J Q 0 Z , ,,nn N V O Q 0 7 uNlw Z o w N z D o i N O W J w O w a a Q 4 0 (r W a ¢ £ Z < m 0 N N ¢ K .w •x:m•ncw:m•wavun?nmm .?wra YMIMI•NW:Ni d:v:f 1M1 p NdYIGq r MIT ?Ib!. ?n STEVEN E. HURLEY, Plaintiff V. DUANE R. RUBLE and PAULA RUBLE, Defendants TO: All Parties And Their Counsel . CIVIL ACTION -LAW . JURY TRIAL DEMANDED YOU ARE HEREBY NOTIFIED, that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNA. NO. 99-2872 NEALON By. Y James G. Nealon, III, Esquire Attorney I.D. #46457 301 Market Street, 9" Floor P.O. Box 865 Harrisburg, PA 17108-0865 717-232-9900 STEVEN E. HURLEY, Plaintiff V. IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNA. NO. 99-2872 DUANE R. RUBLE and PAULA RUBLE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER 1. Admitted. 2. Admitted. Except the correct address of the defendants is 1576 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Admitted. Except the correct address of the defendants is 1576 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Denied as stated. It is admitted that the defendants were the owners of a certain piece and parcel of land with a building thereon known as 1576 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Denied. It is specifically denied that on or about May 25, 1997, the defendants permitted and/or provided minors to consume alcoholic beverages. 6. Denied. It is specifically denied that the defendants served alcoholic beverages to the plaintiff on May 25, 1997. It is further denied that the defendant violated 18 Pa C.S.A. §6308. 7. After reasonable investigation, defendants are without sufficient knowledge or information to form an opinion regarding the truth of the averments contained in paragraph 7 of the Plaintiffs Complaint and proof thereof is demanded. 8. After reasonable investigation, defendants are without sufficient knowledge or information to form an opinion regarding the truth of the averments contained in paragraph 8 of the Plaintiffs Complaint and proof thereof is demanded. 9. After reasonable investigation, defendants are without sufficient knowledge or information to form an opinion regarding the truth of the averments contained in paragraph 9 of the Plaintiffs Complaint and proof thereof is demanded. 10. The averments contained in paragraph 10 are conclusions of law in which no response is required. To the expert a response is deemed required, the averments are denied. On the contrary, the defendants did not provide alcohol to the plaintiff on May 25, 1997. 11. The averments contained in paragraph 11 are conclusions of law in which no response is required. To the expert a response is deemed required, the averments are denied. On the contrary, the defendants did not provide alcohol to the plaintiff on May 25, 1997. 12. Denied. The averments contained in paragraph 12 are specifically denied. On the contrary, defendants did not provide and/or permit alcohol to be served to minors on a "frequent, continuing, and ongoing basis prior to the plaintiffs collision and resulting injuries." 13. The averments contained in paragraph 13 are conclusions of law in which no response is required. To the extent that a response is deemed required, the averments are denied. By way of further averment, paragraph 1-12 above are incorporated herein by reference. 14. The averments contained in Paragraph 14 of the plaintiffs Complaint are conclusions of law in which no response is required. To the extent a response is deemed required, the averments are denied. By way of further averment, defendants incorporated herein by reference Paragraphs 1-13 above. 16. Any damages to which the plaintiff is entitled are to be reduced in whole, or in part, in accordance with the Pennsylvania Comparative Negligence Act, due to the contributory negligence of the plaintiff. 17. Plaintiffs claims are barred by the doctrine of Assumption of Risk. 18. Any damages to which the plaintiff is entitled are to be reduced in whole, or in part, in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa. C.S.A. §1701 et seq. 19. Plaintiffs have failed to set forth facts upon which a claim for punitive damages may be asserted. WHEREFORE, Defendants, Duane R. Ruble and Paula Ruble, urges this Honorable Court to dismiss the Plaintiffs Complaint and enter judgment in their favor. Respectfully submitted, NEALON & GOVER 77=;:br ::b B James G. Nealon, III, Esquire Attorney I.D. #46457 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 i .; 09/17/1999 15:00 7172499058 CUMBEP,LANDTRUCK PAGE 02 I, Duane R. Ruble, verify that the statements made in the foregoing Answer is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.4.4904 relating to unswom falsification to authorities. DUANE R. RUBLE Dated: 09/17/1999 15:00 7172499058 CUMBERLOOTRUCK VERIFICATION PAGE 03 I, Paula Rublo, verify that the statements made In the foregoing Answer is true and correct. 1 understand that false statements herein are made subject to the Penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. (?-?t ? PAULA RUBLE Dated: Y//(Q/qq AND NOW, this 20" day of September, 1999, 1 hereby certify that I have served the foregoing Answer With New Matter on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Craig A. Stone, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street PO Box 5950 Harrisburg, PA 17110-0950 David W. Knauer, Esquire DAVID W. KNAUER, P.C. 411-A East Main Street Mechanicsburg, PA 17055 Mr. Duane R. Ruble Mrs. Paula Ruble 1576 West Lisburn Road Mechanicsburg, PA 17055 James G. Nealon, III, Esquire Dated: 41 A01 qq Cl) : : y J I ? L Lt_ tai C.. .4 1... C/I 11:J N N it co 0 0 0 o W < 3 K o 0 _j N N a N < u N N W I ¢ 0 N Z O Z m m i 0 N 0.' O W J N` 0 w a IL a? It r ` m z < 0 N 17 ¢ I NYa?m•xoxun•w<rnwnrvuo ,N. exm 'JM ?hYM1ilYNY4µY4Yl{'1Y M)MMMNO Y'1Y11y1 \IY,f Icy r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants CIVIL ACTION - LAW No. 99-2872 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO THE DEFENDANTS' NEW MATTER 16. - 19. Denied as alleged. The Plaintiff avers to the contrary that paragraphs 16 through 19 inclusive of the Defendants' New Matter are conclusions of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendants in an amount in excess of the amount for mandatory referral to arbitration. Respectfully submitted, Date: September 22, 1999 KNAUER & ASSOCIATES, LSC Q?Wjji&w e?? avid W. aue , squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants CIVIL ACTION - LAW No. 99-2872 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 22th day of September, 1999, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover P. 0. Box 865 Harrisburg, PA 17108-0865 Craig A. Stone, Esquire Mette, Evans & Woodside P.O. Box 5950 Harrisburg, PA 17110-0950 v David W. Knauer; Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 = i ? N t u.: q ?' N . LC, LO LL u- r_n c7 :s? U { ? Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants AND NOW, this day of CIVIL ACTION - LAW ; No. 99-2872 JURY TRIAL DEMANDED ORDER 2000, upon consideration of the attached motion, it is hereby ORDERED and DECREED that a rule is hereby issued on the Defendants to show cause why they should not be compelled to file their answers to the Plaintiffs interrogatories and replies to the Plaintiffs requests for production of documents. Rule returnable within days of service. IT IS further ORDERED and DECREED that the above matter is set down for a discovery conference on the day of at m. at the Cumberland County Courthouse, Courtroom Number By the Court: j 1 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY CIVIL ACTION - LAW Plaintiff V. No. 99-2872 DUANE R. RUBLE and PAULA RUBLE Defendants JURY TRIAL DEMANDED MOTION TO COMPEL 1. The Movant is the Plaintiff. 2. The Respondents are the Defendants. 3. By letter dated December 8, 1999, the Plaintiff served interrogatories and requests for production of documents on the Defendants. The Plaintiff marks as Exhibit "A", "B" and "C" attaches hereto and incorporates herein by reference thereto true and correct copies of the aforesaid of said letter, interrogatories and requests for production of documents. 4. As of the above date, the Defendants have failed to answer the interrogatories of reply to the requests for production of documents. 5. By letter dated January 17, 2000, Plaintiffs counsel requested the Defendants to respond to the Plaintiff's discovery, provided a copy of the outstanding discovery to the Defendants' personal counsel who has not entered his appearance in the above matter and offered to accommodate any reasonable request for additional time to reply to the Plaintiffs aforesaid discovery. The Plaintiff marks as Exhibit M ? "D", attaches hereto and Incorporates herein by reference thereto a true and correct copy of said January 17, 2000 letter. 6. The Defendants had not responded to the Plaintiffs counsel's letter of January 17, 2000. 7. By letter dated February 2, 2000, Plaintiffs counsel sent a second letter to Defendants' insurance and private counsel requesting them to respond to Plaintiffs discovery requests on or before February 2, 2000, again offered to accommodate any reasonable requests for an extension to respond to the Plaintiffs discovery served on the Defendants on December 8, 1999 and placed the Defendants on notice that the Plaintiff would seek to compel their response to the Plaintiffs discovery if responses were not provided on or before February 15, 2000. 8. As of the date of filing of this motion to compel, the Defendants have made no written response to Plaintiffs discovery requests or the Plaintiffs letters of January 17, 2000 or February 2, 2000. 9. During the week of February 14, 2000, Plaintiffs counsel initiated a telephone conference with the James P. Nealon, III, Esquire, one of the Defendant's counsel. Although that call involved another case, Plaintiffs counsel raised the issue of the Plaintiffs outstanding discovery in this action with Mr. Nealon. Mr. Nealon informed the Plaintiffs counsel that he was having a law clerk work on the discovery and that the Plaintiff would have the Defendants' responses to the Plaintiffs discovery in this case no later than the end of the week of February 25, 2000. 10. Although the Defendant's aforesaid counsel committed to having the Defendants' responses to the Plaintiffs discovery by the end of the week of February 25, 2000, the Plaintiff has received no discovery from the Defendants in response to the Plaintiffs discovery originally sent under cover letter of December 8, 1999. 11. Unless the Defendants respond to the Plaintiffs discovery requests, the Plaintiff cannot move forward with his case and is prejudiced thereby. WHEREFORE, the Plaintiff respectfully requests that Your Honorable Court will issue a rule on the Defendants to show cause why they should not be compelled to respond to the Plaintiffs discovery requests and hold a discovery conference on the Plaintiffs outstanding discovery. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. 1. w, David W. Knauer, squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: February 28, 2000 (717) 795-7790 Knauer & Associates, ISC Attorneys-at-Law . David W. Knauer (717) 795.7790 - telephone (717) 795.7793 - facsimile February 28, 2000 Curtis R. Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Steven E. Hurley v. Duane R. Ruble and Paula Ruble Dear Mr. Long: Please find enclosed copies of Plaintiffs Requests for Production of Documents and Interrogatories directed to the Defendants In the above-referenced matter. Very truly yours, David W. Knauer DWK:wdm Enclosures cc: James Nealon, Esquire Mr. Hurley lcompanyUmdey112-8.99 Prothonotary.hr EXHIBIT "A's 41 1-A East Main Street, Mechanicsburg, Pennsylvania 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff CIVIL ACTION - LAW V. DUANE R. RUBLE and PAULA RUBLE Defendants No. 99-2872 JURY TRIAL DEMANDED PLAINTIFF'S INTERROGATORIES DIRECTED TO THE DEFENDANTS DUANE R. RUBLE AND PAULA RUBLE To: Duane R. Ruble and Paula Ruble James G. Nealon, III, Esq, Nealon & Gover P.Q. Box 865 Harrisburg, PA 17018-0865 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4005, to serve upon the undersigned, within thirty (30) days after service of this Notice, your answers in writing under oath to the following Interrogatories. Respectfully submitted, Date: December 8, 1999 KNAUER & ASSOCIATES, LSC David W. Knauer, Esquire Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 EXHIBIT "B" A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: 1) The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape recordings, 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(s) (or if there is no signer, of the person who prepared it); 4) The name, address, employer and position of the person, if any, 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 file in which it is contained; 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) Whenever you are asked to "identify" an oral communication the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: 1) The means of communication (e.g., telephone, personal conversation, etc.); 2) Where it took place; 3) Its date; 2- 4) The names, addresses, employers and positions a) of all persons who participated in the communication; and b) of all other persons who were present during or who overheard that communication; 5) The substance of who said what to whom and the order in which it was said; and 6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. D) If you claim that the subject mater of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. E) Whenever you are asked to "identify" a person, the following information should be given: 1) The name, present address, present employer, and position of the person; and 2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person -3- to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators and any other agents insofar as the material requested herein is not privileged. G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in the Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. -4- INTERROGATORIES 1. State the name, age, home and business address, and telephone number of all persons you expect to call as expert witnesses either on liability or on damages at the trial of the above-captioned matter. 2. For all persons identified in the preceding Interrogatory, please enclose a j current resume. -5- 3. For all persons identified in answer to Interrogatory No. 2 above, set forth their qualifications, including, but not limited to, the following: (a) The schools or training programs that each has attended, including the years in attendance, and degrees or certificates, etc. received. (b) The name and address of the persons or firms for whom the individual worked for the last ten (10) years and a detailed description of all duties at each place of employment. (c) The facts to which the expert is expected to testify. (d) The opinion to which the expert is expected to testify. (e) A detailed summary of the factual grounds for each opinion. NOTE: If the person or persons listed in answer to Interrogatory No. 2 has provided you with a report which Included the above information, you may attach a copy of same In lieu of answering this Interrogatory. 4. State the names, home and business addresses, and telephone numbers of all other persons whom you expect to call as witnesses at the trial of the above-captioned matter, stating whether each of the persons identified is expected to testify as to the issues of liability, or damage or both. 7- 5. State the names, home and business addresses, and telephone numbers of any persons whom you do not expect to call as witnesses at the trial of the above-captioned matter, but who are eyewitnesses to the issue of liability or damages, specifying which as to each such person. -8- 6. State the name, home and business address, and telephone number of any persons whom you do not expect to call as witnesses at the trial of the above-captioned matter and who have knowledge pertaining to the issue of liability. -9- 7. State the name, home and business address, and telephone number of any persons whom you do not expect to call as witnesses at the trial of the above-captioned matter and who have knowledge pertaining to the issue of damages. -io- 8. State the name, home and business address, and telephone number of all persons known by you, your agents or attorneys, who have knowledge relating to the incident, but who have not been listed in answer to any of the preceding Interrogatories. 9. Please attach to your Answers to these Interrogatories any statements which are in the possession of you or your attorney taken of any witness or party regarding the facts and circumstances surrounding the happening of the incident referred to herein. -12- 10. With respect to each of the past five (5) years, state: (a) Your yearly gross income. (b) Your yearly net income. (c) The name and address of the person, firm or corporation having custody of any papers pertaining to your income. (d) Attach copies of your income tax records for the preceding five (5) years. -13- 11. Lost by name of company, type of policy and dollar amount of coverage any insurance contracts you own. 12. Attach copies of the policies listed in the preceding interrogatory. -Is- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff CIVIL ACTION - LAW V. DUANE R. RUBLE and PAULA RUBLE Defendants No. 99-2872 JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS UNDER PA RCP NO 4009 TO: Duane R. Ruble and Paula Ruble James G. Nealon, III, Esquire Nealon & Gover P.O. Box 865 Harrisburg, PA 17018-0865 Pursuant to Pa. R.C.P. 4009, you are hereby requested to produce the below-listed documents and/or items for purposes of discovery. This material will be examined and/or photocopied, photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced at the offices of David W. Knauer, EsquOire, 411-A E. Main Street, Mechanicsburg, PA 17055 within forty-five (45) days of the date of service hereof and supplemented thereafter in accordance with Pa. R.C.P. 4007.4: 1. The entire contents of any investigation file or files and any other documentary material in your possession which relate in any manner O('1 7 EXHIBIT "C" (excludingreferences to mental impressions, conclusions or opinions regarding the value or merit of the claim or defense or respecting strategy or tactics and privileged communication from and to counsel) to the within action. 2. Any and all statements concerning the action, as defined by Rule 4003.4 from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the accident/incident or any instrumentality involved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports of any and all experts who will testify at Trial. 6. A copy of the Defendant(s) insurance policy. David W. Knauer Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Date: December 8, 1999 Knauer cSz Associates, LSC Attorneys-at-Law David W. Knauer (717) 795.7790 - telephone (717) 795.7793 - facsimile January 17, 2000 James G. Nealon, Esquire Nealon and Gover P.O. Box 865 Harrisburg, PA 17108-0865 Craig A. Stone, Esqurie Mette, Evans and Woodside 3401 Nth Front St. Harrisburg,Pa. Re: Steven E. Hurley v. Duane R. Ruble and Paula Ruble Dear Mr. Nealon and Mr. Stone: The above case had come out on our diary system and I note that we sent Mr. Nealon interrogatories and requests for production of documents under cover letter of December 8, 1999. In the event that Mr. Stone does not have those documents, I enclose a copy of the those documents in the envelope to Mr. Stone only. I understand that with Mr. Stone's involvement as private counsel for the Defendants that there is some delay involved in the transfer of documents between the two offices, however, I would greatly appreciate it if you would either promptly file your responses to the aforesaid discovery or give me a target date as to when you will be able to do so. Of course, if you need additional time to respond, I will be willing to accommodate any reasonable request. Very truly yours, DWK:wdm cc: Mr. Hurley kompanylhuley%l -17.2000Nealon.ttr David W. Knauer ?rJp 'i 1 rl EXHIBIT "D" 41 1-A East Main Street, Mechanicsburg, Pennsylvania 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants CIVIL ACTION - LAW No. 99-2872 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 28th day of February, 2000, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover P. O. Box 865 Harrisburg, PA 17108-0865 Craig A. Stone, Esquire Mette, Evans & Woodside P.O. Box 5950 Harrisburg, PA 17110-0950 David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 STEVE E. HURLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DUANE R. RUBLE and PAULA RUBLE, Defendants CIVIL ACTION - LAW NO. 99-2872 CIVIL TERM ORDER OF COURT AND NOW, this I Aday of March, 2000, upon consideration of Plaintiff's Motion To Compel, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Jaynes G. Nealon, 111, Esq. P.O. Box 865 Harrisburg, PA 17108-0865 Attorney for Defendants Craig A. Stone, Esq. P.O. Box 5950 Harrisburg, PA 17110-0950 (Courtesy Copy) :rc ,, ' 14 ,t c f' I I ,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants CIVIL ACTION - LAW No. 99-2872 JURY TRIAL DEMANDED ORDER AND NOW, this day of Y 2000, upon consideration of the attached motion, it is hereby ORDERED and DECREED that the rule to show cause issued the 11th day of March, 2000 is hereby made absolute and the Defendants are ORDERED and DIRECTED to file answers to the Plaintiffs interrogatories and replies to the Plaintiffs requests for production of documents within 10 days of service of this Order. set COV, f By the Court: r J.j y??oo kKS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE 1. On December 8, 1999, the Plaintiff served interrogatories and requests for production of documents on the Defendant. 2. The Defendants failed to file any response to the said discovery within thirty days. 3. On January 17, 2000, the Plaintiff wrote to the Defendants and requested them to reply to the Plaintiffs discovery and offered to agree to courtesy extensions if the Defendants needed additional time to comply. 4. The Plaintiff received no response to said letter of January 17, 2000. 5. On February 2, 2000, the Plaintiff wrote to the Defendants and requested them to reply to the Plaintiffs discovery and offered to agree to courtesy extensions if the Defendants needed additional time to comply. 6. The Plaintiff received no response to said letter of February 2, 2000. 7. On March 1, 2000, the Plaintiff filed her Motion to Compel. 8. On the 11th day of March, 2000, the Honorable J. Wesley Oler, Jr. on the CIVIL ACTION - LAW No. 99-2872 Plaintiffs Motion to Compel issued a rule to show cause on the Defendants to show cause why the Defendants should not be compelled to answer the Plaintiffs discovery and hold a discovery conference on the aforesaid discovery. 9. The Prothonotary duly mailed copies of the aforesaid Order on or absolute March 14, 2000. 10. As of April 19, 2000, the Defendants have failed to make any reply to the aforesaid March 11, 2000 Order of the Honorable J. Wesley Oler, Jr and have continued to fail to provide any response to the Plaintiffs discovery. WHEREFORE, the Plaintiff prays that Your Honorable Court will make absolute the rule to show cause the Honorable J. Wesley Oier issued on March 11, 2000 and in the alternative enter an order compelling the Defendants to respond to the Plaintiffs discovery or schedule a discovery conference at the pleasure of the Court. Respectfully submitted, KNAUER & ASSOCIATES, t..S.C. awi David W. Knaue', Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: April 20, 2000 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff CIVIL ACTION - LAW V. DUANE R. RUBLE and PAULA RUBLE Defendants No. 99-2872 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 20th day of April, 2000, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover P. 0. Box 865 Harrisburg, PA 17108-0865 Craig A. Stone, Esquire Mette, Evans & Woodside P.O. Box 5950 Harrisburg, PA 17110-0950 lAlkiw?- David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 -. ?. ,- _ . 'i .J ?'.: =i ? :.) STEVEN E. HURLEY, Plaintiff, V. DUANE R. RUBLE and PAULA RUBLE, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-2872 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS DUANE R. AND PAULA RUBLE 1. On or about May 12, 1999, Plaintiff, Steven E. Hurley ("Hurley"), commenced this action by filing a Complaint. 2. The civil action arises out of an automobile accident that occurred on May 25, 1997, at approximately 2:24 a.m., at the intersection of S.R. 174 (Boiling Springs Road) and S.R. 641 (West Trindle Road), Silver Spring Township, Cumberland County, Pennsylvania. 3. At that time and place, Hurley was operating his 1987 Chevrolet Cavalier in a northbound direction on S.R. 174. 4. The Hurley vehicle left the roadway and was involved in a one-car accident. 5. Hurley alleges that he sustained various personal injuries as a result of the accident. 6. In his Complaint filed against Defendants, Duane R. and Paula Ruble, Hurley alleges: 5. On or about May 25, 1997, the Defendants permitted and provided to minors alcoholic beverages. Those minors included the Plaintiff herein, who on May 25, is r i f j 1997, was a minor in that he was under the age of 21, which is the legal age under the Liquor Code. 6. The Defendants violated 18 Pa.C.S.A. §6308 when they served alcoholic beverages to the Plaintiff on May 25, 1997. 7. The Plaintiffs blood alcohol level was .36, which was above the level permitted for the operation of motor vehicles in the Commonwealth of Pennsylvania. 10. The Defendants' provision of alcohol to the Plaintiff was a substantial factor in causing the Plaintiffs vehicular accident and resultant injuries as aforesaid. 11. The Defendants' conduct in providing alcohol to the Plaintiff was the proximate cause of his vehicular accident and his resultant injuries as aforesaid. 12. The Defendants provided and/or permitted to be provided alcohol to minors on a frequent, continuing, and ongoing basis prior to the Plaintiffs collision and resultant injuries. 13. The Defendants' conduct in providing to and/or permitting alcohol to be given to minors on a frequent, continuing, and ongoing basis to minors violated the laws of the Commonwealth of Pennsylvania on each and every occasion on which they did so and evidenced the Defendants' reckless disregard for the rights of others including, but not limited to, the Plaintiff and to any other motorists on the roads and highways of the Commonwealth of Pennsylvania. 7. Contrary to the allegations made in the Complaint, Defendant, Duane R. Ruble, was not present at his home on May 24-25, 1997, but rather was in Indianapolis, Indiana. 2 8. At the time of the accident, Defendants, Duane R. Ruble and Paula Ruble, had two children, Matthew Ruble and Chad Ruble. 9. Discovery has revealed that Matthew and Chad Ruble decided to host a gathering of friends on the evening of May 24 and into the early morning hours of May 25, 1997. 10. Discovery has revealed that Paula Ruble took no part in the planning of the event. 11. When the event began, Paula Ruble was not at home. 12. Contrary to the allegations contained in the Complaint, Paula Ruble, at no time, furnished alcohol to Hurley. MOTION TO DISMISS PUNITIVE DAMAGE CLAIMS AGAINST DEFENDANT PAULA RUBLE 13. Paragraphs 1 through 12 above are incorporated herein by reference. 14. The Court may award punitive damages 'only if an act of conduct was malicious, wanton, willful, oppressive, or exhibited a reckless indifference to the rights of others. Johnson V. Hyundai MotorAmerica, 698 A.2d 631, 639 (Pa.Super. 1997). 15. Discovery has revealed that, contrary to the allegations contained in the Complaint, alcohol was not provided "to minors on a frequent, continuing, and ongoing basis prior to the Plaintiffs collision and resultant injuries" at the home of the Rubles. 16. Discovery has revealed that Paula Ruble was not present when the event began, nor did she have any knowledge that alcohol was to be served at the event. 17. Discovery has revealed that after the event had already started, Paula Ruble returned to her home and discovered the presence of alcohol. 3 18. Although Paula Ruble did not stop the consumption of alcohol at her home, she did ascertain that no minor who had been consuming alcohol would be driving. 19. Unbeknownst to Paula Ruble, Hurley left the party. 20. Punitive damages are not to be awarded for conduct that merely constitutes negligence. See, e.g., Hutchison v. Luddy, 763 A.2d 826 (Pa.Super. 2000). WHEREFORE, Defendant Paula Ruble urges this Honorable Court to dismiss the punitive damage claim. MOTION TO DISMISS ALL CLAIMS AGAINST DEFENDANT PAULA RUBLE 21. Paragraphs 1 through 20 above are incorporated herein by reference. 22. Paula Ruble did not furnish alcohol to Hurley. 23. The conduct of Paula Ruble was not a substantial factor in causing the Plaintiffs harm. WHEREFORE, Defendant, Paula Ruble urges this Honorable Court to dismiss all claims against her Respectfully submitted, NEAW&GO P.C . By. Date: James G. Nealon, III, Esquire I.D. M 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 4 CERTIFICATE OF SERVICE AND NOW, this ILLday of April, 2001, 1 hereby certify that I have served the foregoing MOTION FOR SUMMARY JUDGMENT on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David W. Knauer, Esquire KNAUER & ASSOCIATES, LSC 411-A East Main Street Mechanicsburg, PA 17055 i" :a"C James G. Nealon, III, Esquire ( 0 0 1- j(3 as IIon a J N j V 0 Q Y < } I ¢ _ Z O W i s Z 0NX rc JJ "? 0 = rc m ¢ 6 W a u Z ( N K Q i WM lw-GDfIU•110111• MOIU `DN MYDI WTMDYYNNLLM4wll1HpNDNANDY•HDtI LLYL-1H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY CIVIL ACTION - LAW Plaintiff V. No. 99-2872 DUANE R. RUBLE and PAULA RUBLE Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO PA.R.C.P. NO. 1035.5 1. The Defendant Paula Ruble has filed her Motion for Summary Judgment of Defendants, Duane R. and Paula Ruble that includes a Motion to Dismiss Punitive Damage Claims Against Defendant Paula Ruble and Motion to Dismiss All Claims Against Defendant Paula Ruble. 2. On May 25, 1997, the Plaintiff was a minor who had attended a party the Defendant's sons hosted at the Defendant's home and had been provided with alcoholic beverages with the knowledge of the Defendant Paula Ruble. 3. Prior to attending the party at the Defendant's home, the Plaintiff had not consumed any alcoholic beverages. 4. The Defendant Paula Ruble was not present when the Plaintiff arrived at her home but subsequently returned to her home after she returned and she participated in consuming alcoholic beverages and in drinking games after she returned home. 5. The Defendant Paula Ruble had engaged in drinking games with the Plaintiff and other minors including her son Matthew Ruble who had attended the party and were also allowed to consume alcoholic beverages at her home. 6. The only place that the Plaintiff consumed alcoholic beverages was at the Defendant's home. 7. As he was heading home directly from the party, he was involved in a one- vehicle accident where he had been ejected from the vehicle and thrown into a bank when the vehicle flipped over but landed upright. He returned to his vehicle and drove it to his home that was a short distance from the accident site mnd collapsed in his driveway. 8. As a result of being thrown from his vehicle, the Plaintiff suffered severe and permanent injuries. 9. His Blood Alcohol Level was.36. 10. The Defendant Paula Ruble in her aforesaid motion for summary judgment after pleading that her sons had decided to host a party for their friends (paragraph 9) pled that she was not involved in the planning of the party (paragraph 10) nor was she aware that alcohol would be served and was not present when the party started (16). The Defendant then pled that: 17. Discovery has revealed that after the event had already started, Paula Ruble returned to her home and discovered the presence of alcohol. 18. Although Paula Ruble did not stop the consumption of alcohol at her home, she did ascertain that no minor who had been consuming alcohol would be driving. 19. Paula Ruble did not furnish alcohol to Hurley. 11. Although the Defendant claims that she was riot involved in planning of the party held at her home by her sons, when she arrived at her home after the party had started and found her minor son and other minors consuming alcoholic beverages at her home she knew that the minors, including the Plaintiff were drinking alcoholic beverages. 12. After the Plaintiff arrived home instead of stopping the minors from consuming alcoholic beverages, the Defendant continued to permit the minors to consume alcoholic beverages and joined in drinking games with the minors. 13. Under the law of the Commonwealth of Pennsylvania, given the aforesaid knowledge, the Defendant was responsible for the provision of alcohol to minors in express violation of the statutes and settled decisions of the courts of the Commonwealth that prohibits the provision and consumption of alcohol by minors. 14. The Plaintiff respectfully requests that pursuant to Pa.R.C.P. No. 1035.5 that Your Honorable Court narrow the issues for trial by entering one or more partial summary judgments holding that: a.) as the co-owner of her home she had the duty to control the use of the premises; b.) as the parent and natural guardian of her minor son, Matthew Ruble, she had the duty to exercise control over said minor; c.) the Defendant Paula Ruble when she returned home and found alcoholic beverages being provided to minors including the Plaintiff that she had a duty to stop the provision of said alcoholic beverages to minors; d.) she breached the aforesaid duty when she failed to stop the provision of alcoholic beverages to the said minors including the Plaintiff; e.) her participation in drinking games with the Plaintiff and other minors was intentional misconduct because she violated the laws of the Commonwealth of Pennsylvania that prohibit the provision of alcohol to minors; f.) her claim that she "ascertain(ed) that no minor who had been consuming alcohol would be driving" (paragraph 18) is not a defense and further she waived presentation of such a defense pursuant to Pa.R.C.P. No. 1032 because she failed to plead it in New Matter as Pa,R.C.P. No. 1030 requires; g.) the Comparative Negligence Act is not applicable to the within action as between the Defendant and the Plaintiff because the Defendant had her full powers of reason and understanding whereas the minor had lost the ability to make any judgment because of his level of intoxication; h.) the Comparative Negligence Act is not applicable to the within action as between the Defendant and Plaintiff because the Defendant committed an intentional tort or in the alternative the Defendant's conduct was gross negligence, wantonness or recklessness and therefore of a different kind and nature; L) punitive damages should be granted when an adult permits a minor to consume alcoholic beverages at her home in violation of the law of the Commonwealth of Pennsylvania without taking the minor's keys, calling the police or the minor's parents or to make arrangements for another person to take the minor home or to provide transportation for the minor who was visibly intoxicated. j.) the Plaintiff with a Blood Alcoholic Level of .36 immediately after the collision was visibly intoxicated at the Defendant's home; k.) the Defendant was negligent per se for her violation of the laws of the Commonwealth of Pennsylvania by permitting alcohol to be served to the Plaintiff who was a minor at the time of the party. I.) when the Defendant returned home and knowingly permitted minors including the Plaintiff to be served alcoholic beverages, as a matter of law she provided those beverages to the Plaintiff who was a minor at the time of the incident. m.) the alcohol beverage the Defendant knowingly provided to the Plaintiff who was then and there a minor was a substantial factor in causing the vehicular accident that caused injury to the Plaintiff; n.) the Plaintiff is entitled to the a partial summary judgment as to liability with trial limited to a trial on damages. WHEREFORE, the Plaintiff prays that Your Honorable Court will grant his Motion for Partial Summary Judgment Pursuant to Pa.R.C.P. No. 10305.5. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. 1 I David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: April 30, 2001 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY CIVIL ACTION - LAW Plaintiff V. : No. 99-2872 DUANE R. RUBLE and PAULA RUBLE Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 30th day of April, 2001, serve a true and correct copy of the Plaintiff's Motion for Partial Summary Judgment Pursuant to Pa. R.C.P. No. 1035.5 on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover P. O. Box 865 Harrisburg, PA 17108-0865 Craig A. Stone, Esquire Mette, Evans and Woodside 3401 North Front Street Harrisburg, PA 17110 tr ' ,cZc t David W. Knai er, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 (`, O_ i J `j STEVEN E. HURLEY, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-2872 PAULA RUBLE, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED RESPONSE OF DEFENDANT PAULA RUBLE TO PETITION TO WITHDRAW 1. Admitted. 2. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted in Paragraph 2, and proof is demanded at trial. 3. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted in Paragraph 3, and proof is demanded at trial. 4. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted in Paragraph 4, and proof is demanded at trial. 5. Denied. Defendant believes that the Plaintiff's case is without merit and intends to defend the case vigorously. NEW MATTER 6. All discovery has been conducted in the instant matter and the case is otherwise ready to be listed for trial. ' The Petition to Withdraw includes the Duane R. Ruble as a Defendant. Mr. Ruble has previously been dismissed from the action by Stipulation. Therefore, this response is tiled on behalf of the only remaining Defendant, Paula Ruble. 7. Defendant does not oppose Mr. Knauer's request to withdraw as counsel for the Plaintiff, however, Defendant would oppose any substantial delay that would prevent this case from being brought to a resolution. B. Therefore, Defendant would consent to the Petition to Withdraw provided this Court issued an Order requiring Plaintiff to find new counsel within 30 days, or thereafter the case will proceed with him acting pro se. Respectfully submitted, Date: 1- NEALON & GOVE By: N?/I James G. Nealon, III, E: I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 CERTIFICATE OF SERVICE AND NOW, this day of July, 2002, 1 hereby certify that I have served the foregoing RESPONSE TO PETITION TO WITHDRAW on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David W. Knauer, Esquire KNAUER & ASSOCIATES, LSC 411-A East Main Street Mechanicsburg, PA 17055 James G. Nealon, III, Esquire ?_ ,_ ?-• ?_ ?,- '"; ;? -- .; ?,rr ,. ' ' , ? ; ;; ?;; .; . ?: 0 a 0 n W < on 0 J < V 0 Q Z ) N 0 = l(? a > ( a z z z W o = a Z 0 N a it U 0 0 ¢ Q 4 F Z 7 W 0 Q 'y n Z a N a ? wwun•ao.u1n•no??e•w n?u ..?.woa ar ywwnaan.ww.aa iw a.nicwo v Tva? w.a lw 4- I 1, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants CIVIL ACTION - LAW No. 99-2872 JURY TRIAL DEMANDED ORDER AND NOW, this day of 2002, upon 14A0-- consideration of the attached Petition to Withdr , it is hereby ORDERED and DECREED that a rule to show cause is hereby issued on the Plaintiff Steven E., Hurley to show cause why the Petitioner should not be allowed to withdraw as Plaintiffs counsel in the above matter. Rule returnable+uNbei -0- days of service. By the Court, p apao Or?1 t-2g 91-ox 1.??. to: IfeaIo t.! KuqueR*r Prssoc. 0-2 Air) - C+?IIUIG° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY CIVIL ACTION - LAW Plaintiff V. : No. 99-2872 DUANE R. RUBLE and PAULA RUBLE Defendants JURY TRIAL DEMANDED PETITION TO WITHDRAW 1. The Petitioner is Plaintiffs counsel in the above matter. 2. The Plaintiff has failed to co-operate with his undersigned counsel. 3. Petitioner has provided by letter dated May 22, 2002 provided notice to the Plaintiff of its intent to withdraw as Plaintiffs counsel unless co-operation was forthcoming. 4. The Plaintiff has failed to respond to the Petitioner's May 22, 2002 notice of intent to withdraw as Plaintiffs counsel. 5. Although the Plaintiff has a meritorious case, the Petitioner cannot continue to represent the Plaintiff without his co-operation. WHEREFORE, the Petitioner prays that Your Honorable Court will issue a rule to show cause on the Plaintiff to show cause why the Petitioner should not be allowed to withdraw as Plaintiffs counsel in the above matter. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. nau , Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: July 26, 2002 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants CIVIL ACTION - LAW No. 99-2872 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 26th day of July 2002, serve a true and correct copy of the Plaintiffs Petition to Withdraw on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover P. O. Box 865 Harrisburg, PA 17108-0865 Craig A. Stone, Esquire Mette, Evans and Woodside 3401 North Front Street Harrisburg, PA 17110 avid W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411••A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 u. - 1 fL 1 I i STEVEN E. HURLEY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-2872 PAULA RUBLE, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT i. Background. Un or about May 12, 1999, Plaintiff, Steven E. Hurley ("Hurley"), commenced this action by filing a Complaint. Hurley seeks compensation for injuries he allegedly sustained as a result of an automobile accident that occurred on May 25, 2997, at approximately 2:24 a.m., at the intersection of S.R. 174 (Boiling Springs Road) and S.R. 641 (West Trindle Road), Silver Spring Township, Cumberland County, Pennsvlvania. At that time and place, Hurley was operating a 1987 Chevrolet Cavalier in a northerly direction on Boiling Springs Road. Hurley apparently failed to notice a stop sign at the intersection and proceeded across Trindle Road, when he struck a curb. The vehicle apparently traveled over the curb and flipped at least one time. At the time of the accident, Hurley was 18 years old, having been born on April 7, 1979. !n his Complaint, Hurley alleges that prior to the accident, "Defendant's permitted and provided to minors alcoholic beverages". Discovery has established that on May 24, 1997, the evening before the early morning accident, a party was held at the home of Duane R. and Paula Ruble. At the time of the get-together, Duane Ruble was in Indianapolis. Paula Ruble was not present when the party began and had no rnowlenge of the fact that it was going to occur. Unbeknownst to Paula Ruble, her sons, Chad and Matthew, had decided to invite some friends over to the family home. A friend of the boys, Eric Berkheimer, bought a keg to the home. Mrs. Ruble returned to the home at approximately 10:00 to 11:00 p.m. By that point in time, Hurley has testified that he already had six to seven beers and was intoxicated. Mrs. Ruble inquired as to who would be staying the evening and was under the impression that Mr. Hurley would not be driving and would stay at her home. Unbeknownst to Paula Ruble, Hurley left and the accident occurred. it. issues. Was Paula Ruble negligent; Was the negligence, if any, of Paula Ruble a substantial factor in bringing about the Plaintiffs harm; Was Plaintiff, Steven Hurley, contributorily negligent; Was the contributory negligence of Hurley a substantial factor in bringing about his harm; and Damages. ,,Vitnesses. Paula Ruble; Duane Ruble; Chad Ruble; Matthew Ruble: Eric Berkheimer: 6. Craig Berkheimer; 2 5 Rob Jensen; Susan Wrigley; Patrolman Jeff Potteiger; 0. Steven Hurley, as on cross-examination; and Defendant reserves the right to call as a witness any other individual identified in the course of trial. IV. Exhibits. I. Police report; 2. Medical records of the Plaintiff; and Defendant reserves the right to use as an exhibit any other document exchanged in the course of discovery. ?. :settlement. Defendant does not anticipate making any offer. Respectfully submitted, NEALON & COVER, P.C. James G. Nealon, 111, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 Date: yYe.3 717/232-9900 3 J CERTIFICATE OF SERVICE AND NOW, this day of April, 2003, 1 hereby certify that I have served the foregoing PRE-TRIAL MEMORANDUM on the following by depositing a true and rorrect copy of same in the United States mail, postage prepaid, addressed to: Steven E. Hurley 923 Nixon Drive Mechanicsburg, PA 17055 James G. Nealon, III, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants CIVIL ACTION - LAW No. 99-2872 JURY TRIAL DEMANDED ORD R AND NOW, this day of 2002, it is hereby ORDERED and DECREED that the Motion to Make Rule Absolute attached hereto is hereby GRANTED and that David W. Knauer, Esquire is hereby permitted to withdraw as Plaintiff's counsel in the above matter. By the Court, n RXS na Lo A /0C,6,j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY CIVIL ACTION - LAW Plaintiff V. No. 99-2872 DUANE R. RUBLE and PAULA RUBLE Defendants JURY TRIAL DEMANDED MOTION FOR RULE ABSOLUTE 1. By Order of Your Honorable Court entered on the Plaintiff's counsel's Petition to Withdraw, Your Honorable Court issued a rule returnable on the parties to show cause why Knauer & Associates, L.S.C. should not be allowed to withdraw as Plaintiff's counsel. 2. Knauer & Associates, L.S.C. served the Plaintiff and the Defendant's counsel by letter dated July 26, 2002 with a copy of its Petition to Withdraw. 3. Steven Hurley, Sr, contacted David W. Knauer, Esquire on July 29, 2002 and informed him that the Plaintiff does not oppose the Petition of Knauer & Associates, L.S.C to withdraw as Plaintiff's counsel. Mr. Hurley stated that the Plaintiff did not respond personally to the Petition to withdraw as counsel because he is avoiding an outstanding arrest warrant. He further stated that the Plaintiff is living in the area and picks up his mail every few days. WHEREFORE, Knauer & Associates, L.S.C, prays that Your Honorable Court will enter an order making the aforesaid rule absolute and permitting Knauer & Associates, L.S.C. to withdraw as Plaintiff's counsel in the above matter and to stay all proceedings for thirty days to allow the Plaintiff to engage replacement counsel should he so desire, Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. 91ra vU 1?474aaz, David W. nauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: November 27, 2002 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HURLEY Plaintiff V. DUANE R. RUBLE and PAULA RUBLE Defendants CIVIL ACTION - LAW No. 99-2872 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 27th day of November 2002, serve a true and correct copy of the Motion For Rule Absolute on all counsel of record by United States mail, first class, prepaid addressed as follows: James G. Nealon, III, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Craig A. Stone, Esquire Mette, Evans and Woodside 3401 North Front Street Harrisburg, PA 17110 I David . Knau r, squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 rr 0 LL J - o U NEALON COVER, W. ATTORNEYS AT LAW _J April 16, 2001 Curtis R. Long, Prothonotary CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 RE: Steven E. Hurley v. Duane R. and Paula Ruble Docket No.: 99-2872 Dear Mr. Long: 2411 NORTH FRONT STREET HARRISBURG, FA 17110 TELEPHONE(717)232-9900 FACSIMILE (717) 236-9119 ,IAMI:S G. NEALON, III j nca lonenc;don -govt r.com Enclosed herewith please find an original and one copy of a Motion for Summary Judgment of Defendant Paula Ruble to be filed in the above-captioned matter. Please file the original and clock-in the copy. Also enclosed please find a copy of a Praecipe to list the matter for argument at the May 23, 2001 argument term. Again, please file the original and clock-in the copy. I have also enclosed copies of the following depositions: Matthew Ruble, Chad Ruble, Paula Ruble, Duane Ruble, and Steven Hurley. These depositions are not filed as of course, but are needed for the court to decide the Motion for Summary Judgment. Please return the clocked-in copies of the Motion and Praecipe to me in the enclosed stamped, self-addressed envelope. Thank you for your attention to this matter. Very truly i ?JEALO?L R C. James G. Nealon, III JGN:sIs cc: David W. Knauer, Esquire (with Motion and Praecipe) STEVEN E. HURLEY, Plaintiff VS. DUANE R. RUBLE and PAULA RUBLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-2872 Civil Action - Law JURY TRIAL DEMANDED Deposition of: MATTHEW RUBLE Taken By Plaintiff Date December 29, 2000; 9:10 a.m. Place Mette, Evans & Woodside 3401 North Front Street Harrisburg, Pennsylvania Before Susan D. Kashmere, RPR Reporter - Notary Public APPEARANCES: DAVID W. KNAUER, ESQ. For - Plaintiff NEALON & GOVER By: JAMES G. NEALON, III, ESQ. -and- METTE, EVANS & WOODSIDE By: CRAIG A. STONE, ESQ. For - Defendants ALSO PRESENT: DUANE R. RUBLE PAULA RUBLE STEVEN E. HURLEY -TILIUS 1y,51r1.11CAS RLPORTINC SLRI7CL, INC. - 114M,11ur9717-:J6-003 Ibrl 717-8454418 PA1-8W-23A-9A27 NxIalmIg 712-2364*23 1n11 717.845.54 1 8 PA 1-800-233-8327 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION It is hereby stipulated by and between counsel for the respective parties that sealing, filing and certification are hereby waived; and that all objections, except as to the form of the question, are reserved to the time of trial. MATTHEW RUBLE, called as a witness, being duly sworn, testified as follows: EXAMINATION BY MR. KNAUER: Q. Would you identify yourself, please, by your name and your address? A. Matthew Ruble, 1576 West Lisburn Road. Q. And what is your relationship with the defendants Duane and Paula Ruble? A. They're my parents. Q. And are you in school at this time? A. Yes, I am. Q. And what school are you attending? A. Kutztown University. Q. And what are you studying? A. Computer science. Q. And do you stay on campus? A. Yes. - EIL/US & AIcLUC15 REPORTING SEMCE, INC. - 11dni4m,9 727.2364421 1514 717415-419 1'.1 1-WV-133-9317 Exam./Knauer - M. Ruble 4 1 Q• How old are you now? 2 A. I'm 18. 3 Q. And you would have been roughly 15 then on May 4 25, 1997? 5 A. Yeah, I believe, yes. 6 Q. And prior to that day had you ever consumed 7 alcoholic beverages? 8 MR. NEALON: Ever? 9 MR. KNAUER: Yes, ever. 10 MR. NEALON: I mean, have a sip of 11 champagne? 12 MR. KNAUER: Yes. I'll follow up then. 13 A. Yes. 14 BY MR. KNAUER: 15 Q. And when did you have your first drink? 16 MR. NEALON: I just want to object to the 17 form. I mean, you're going to get so far 18 afield in this case. I don't know if he ever 19 did, but if he had a sip of champagne at 20 Christmas, that's not a drink to me. 21 MR. KNAUER: I understand that, Jim. We 22 can work with that, but I do wish to proceed 23 with a certain line as to -- 24 MR. NEALON: Well, I'm going to object to 25 the form. -- n21.ro5 & nr LMS REPOR71,Nc S R%7cL, INc. - 114,641.,g 717.2136-0!21.9 1 n,k 717-645-1d 16 PA 1•F00 2133-9321 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble BY MR. KNAUER: Q. When did you first have your first alcoholic beverage that you remember? A. Maybe a y ear or so before. Q. So you we re between 13 and 14 years old when you first had alcoholic beverages? MR. NEALON: Objection. He said he was about 15. So it could be between 14 and 15. BY MR. KNAUER: Q. In other words, a year and a half before you were 15 -- 5 MR. NEALON: That's not what he said. He said about a year. BY MR. KNAUER: Q. A year before you were 15 you had a drink? MR. NEALON: Objection to the form. MR. KNAUER: Perhaps, Jim, you could give me a basis for your objection. MR. NEALON: I said that a sip may not constitute a drink, I told you that. You haven't laid the foundation for what he had approximately a year before the accident and I object to the term drink. BY MR. KNAUER: Q. What was the first alcoholic drink that you had - 1'ILn1S & d4LUCAS R?'ORUNG SERVICE, INC. - 1Iarti4,arg 717.216-0003 lark 71,645-6419 PA I-RM--213-9327 1- 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 6 in your life? A. Probably a sip of champagne over Christmas or New Year's. Q. And where did you have that drink? A. At my house. Q. After you had that first drink how frequently would you consume alcoholic beverages? A. Not often. Q. Could you tell me, estimate how many times a year? A. Once maybe. Q. Did there come a time in your life when you had alcohol on a more frequent basis than once a year? MR. NEALON: Are you talking before or after May of 1997? MR. KNAUER: Before May of 1997. A. Like maybe twice, you know, maybe twice in a year. You know, if you're talking about, you know, frequent use, maybe I did it a couple more times. BY MR. KNAUER: Q. In 1996 about how many times did you have alcoholic beverages? A. Two or three. - rams G A1rruCAS Rrroxnxc SERVICE, INC. - Hum.Lurg 717.236-0623 Vod 717-845-NJP PA 1-800-133-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 7 Q. And on t hose occasions how much alcohol -- or first wh at type of alcohol did you consume? A. I can't remember. Q. How much alcohol did you consume? A. I don't remember. Q. Do you r emember whether after consuming the alcohol it affected your ability to do things? A. Such as? Q. Such as, for instance, driving a car. MR. NEALON: He didn't have a license. MR. KNAUER: Then that's his answer. MR. NEALON: Well, I mean, you haven't laid a f oundation that he ever drove a car to ask him if he had ever been affected by it. BY MR. KNAUER: Q. Did you ever drive a car? MR. NEALON: Prior to May of 197? MR. KNAUER: Prior to Mav of 1997. A. Yes. BY MR. KNAUER: Q. When did you first begin driving a car? A. I can't remember. Q. Did you. obtain a learner's permit first? A. No. Q. Did you go through any school driver's training 111.lUS & AfcLUCAS REPORTING SLRUCT, INC. - liami,bury C1;-236-INi23 ImA '17-S454.41N PA 1-N(W-231-932: Exam./Knauer - M. Ruble 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 course? A. No. Q. You just walked in and took the test and got the license? MR. NEALON: Why don't you ask him the circumstances sur rounding what he's talking about because he said he didn't have a license. BY MR. KNAUER: Q. Why didn't you ha ve a license? MR. NEALON: Because he wasn't 16. MR. KNAUER: I asked the question after you turned 16 did you get a learner's permit? A. Yes, I did. BY MR. KNAUER: Q. And how shortly a fter that time period did you obtain a driver's permit? MR. NEALON: Driver's license I assume? MR. KNAUER: First permit, then license. MR. NEALON: You want to know when he got his permit? MR. KNAUER: When he got his permit, how close to his birthday. A. I guess six months. BY MR. KNAUER: Q. And when were you born? nUUS e, McUICAS REPORTING SLRVICE, INC. Ilumsburg 717-2136-0623 Vo,4 777-645-W18 154 1.81X1-:3.7-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 9 A. 1982, February 27, Q. And did you attend any type of driver's training? A. Yes, I did. Q. Where did you attend that? A. My high school, Cumberland Valley. Q. Did the high school driver's training program have any material discussing operation of a motor vehicle under the influence of drugs or alcohol? MR. NEALON: Dave, I'm going to object at this point because this would have occurred after the incident. So it has no relevancy to the incident in question. BY MR. KNAUER: Q. Had you ever had any courses before the May 25, 1997 date of the accident involved in this case? A. No. MR. NEALON: Wait. Any courses involving operation of a motor vehicle, use of alcohol? MR. KNAUER: Yes. MR. NEALON: Because you've had other courses. MR. KNAUER: Understood, Jim. TILIIIS & MCLUCAS RLPORTINC SERI -ICE, INC. - N-IMFI r& 717-236-OhD /'',,& 717.875-1418 PA 1-800-133.4317 Exam./Knauer - M. Ruble 10 1 A. No, I have not. 2 MR. STONE: Excuse me, Dave. 3 (Recess taken) 4 BY MR. KNAUER: 5 Q. You were at the party held at your house on May 6 25, 1997. Is that correct? 7 MR. NEALON: That's the date of the 8 accident, Dave? 9 MR. KNAUER: Yes. 10 MR. NEALON: It started, actually, the day 11 before, because the accident was the early 12 morning hours of the 25th. 13 MR. KNAUER: I understand, Jim. I'm not 14 distinguishing between that. I assume that the 15 party started before 12:00 a.m. 16 MR. NEALON: Why don't you ask him. 17 BY MR. KNAUER: 18 Q. When did the party at your home start? 19 A. Around 10:00. 20 Q. And were you there? 21 A. Yes, I was. 22 Q. Did you have any of your friends there? 23 A. Yes, I did. 24 Q. Who were they? 25 A. Aiden Falvo and Ryan Straub I believe and maybe MAN & MMICAS RCP0127P%'G 5CR%7Q:, INC. 1iumOFurg 217-236-0623 York 717-615-M1N R3 1-SMI-233-472,7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 11 two or three more. Those are the only two that stick out in my mind. Q. And how old were they at that time? A. Same age as me. Q. At the party were alcoholic beverages served or available? A. Yes. Q. And what type of alcoholic beverage was available? A. Beer. Q. Was there anything else available? A. Not that Ism aware of. Q. How did the -- or what type of beer was it, bottles, kegs or what? A. There was a keg there. Q. And where did you -- or who obtained the keg for the party? A. I honestly do not know. Q. Had your mother ever provided you alcoholic beverages? A. No. Q. The evening cf the party was she at home? A. Before or -- Q. Before the party. A. Around like, you know, early evening, yes, she - rums & AM 11cAS REPORTING SEIMeE, INC. - IlamOwg 717-an-/M.3 lark 717445-d918 PA I-AW-233-93:7 Exam./Knauer - M. Ruble 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was. Q. And when you say early evening what time frame, please? A. Between 3:00 and 5:00 maybe. Q. Was she aware that there was to be a party at your house that evening? A. No. Q. Did she come to the party at all? A. Whenever she came home? Q. Yes. A. Yes. Q. And approximately what time did she come home? A. 11:00. Q. And you said that the party started about 10:00. When did it break u p? A. I went to bed. Q. Was your father present at any time? A. No. Q. Where was your father? A. He was in Indiana. Q. Who purchased the keg for t he party? MR. NEALON: Asked and answered. He said he honestly doesn't know. BY MR. KNAUER: Q. Had you ever had a party at your home where you -I ILIUS & A1( I OCAS Rf.PORTINC SLRUCE, INC. - Ilam 61,ur,3 717-276-(m2.i l imA 717-643-6419 PA 1-SM-233.9327 Exam./Knauer - M. Ruble 13 1 and your friends were able to drink alcoholic 2 beverages before May 25, 1997? 3 MR. NEALON: Can we just have that 4 question read back please? . 5 (Previous question read by the court 6 reporter) 7 A. What do you consider a party? 8 BY MR. KNAUER: 9 Q. Let's say a gathering of one or more people. 10 A. Yes. 11 Q. And how many times? 12 A. Maybe twice, at the most. 13 Q. And what was the time frame between each of the 14 other occasions? 15 A. I can't remember. 16 Q. And what type of alcoholic bevera es g were 17 served at that time? 18 MR. NEALON: At which time, because he 19 said there may be two. 20 BY MR. KNAUER: 21 Q. Let's say the first time that you remember. 22 Can you give us any type of frame, time frame, 23 a month, two months, six months, a year before 24 the May date? 25 A. No, I don't know. -I I/ IIIS & A1cU1G4S Rrr'v1?11, r SLRIW7, INC. - Hamidwq 71i•23h-OnD Ind 717.895-1141S 1'4 1-00-233-9317 Exam./Knauer - M. Ruble 14 1 Q. And what alcoholic beverages were served at the 2 first party that you remember? 3 A. I don't remember. 4 Q. You remember that alcoholic beverages were 5 served at the first party and you don't 6 remember what they were? 7 A. Right. 8 Q. Did you drink them yourself? 9 A. Yes. 10 Q. Do you remember what you drank? 11 A. No. 12 Q. Do you remember how the alcoholic beverages got 13 to your home? 14 A. No. 15 Q. Let's take the first prior occasion. Was your 16 mother present on the first prior occasion? 17 A. No. 18 Q. Did she come back at any time during the party? 19 A. Not that I'm aware of. I can't remember. 20 Q. How about your father? 21 A. No, he wasn't around. 22 Q. Do you remember approximately how long it took 23 place? 24 A. No. 25 Q. Did your mother return to the party at any r1LIUS G AICLUCAS REPORTING SERVICE. INC. Uani.burg 717.23h-0623 1br671,-845.6418 Al 1.800-2.33-9327 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 15 time, the first one? MR. NEALON: Asked and answered. He said he doesn't remember. BY MR. KNAUER: Q. Do you know who bought the alcoholic beverages for the first party? A. No. Let's move on to the second party. At that second party did you consume alcoholic beverages? Yes. Q Were any of your friends at the first party? I'll go back to that just one minute. At the first party? A Q Yes. Maybe one or two. I can't remember. How about the second party? They were my brother's friends, so they were my friends as well I assume. How about friends your age, were any at the first party? At the first party? Friends of your age. A Q A Q A Q- A. Q• A. Q• No. Second party, friends of your age? r1uU5 & McLUCAS RC11OR77NG srRUCC, INC. - 1lm Owrg 717-216.06:3 Ynd. 717.845-n418 PA 1.900-233-91:' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 16 A. No. Q. The May 25, 1997 party, you were there? A. Yes, I was. Q. You were consuming alcoholic beverages? A. Yes. . Q. Were any of your friends of your age present at that party? A. Which one? Q. The May 25. A. Yes. Q. How many? MR. STONE: For the record, we've understood that it was May 24, actually. MR. KNAUER: If it's the 24th, Craig, I won't quibble over that, 24, 25. Same party, though, correct? MR. STONE: It may be that he and his friends had gone to bed by midnight, which would be the 25th. BY MR. KN.AUER: Q. Had you gone to bed by midnight on the 25th? A. Somewhere around there. Q. How many people were at the May 24 or 5, 1997 party? A. I don't remember. TILIUS H AlcLUCAS REPORTING SERI7CE, INC. Ilarrisburg 717-236-0623 1 ork 717-445-6419 PA 1400.233-9327 Exam./Knauer - M. Ruble 17 1 Q. Do you remember how the beer keg got to your 2 property? 3 MR. NEALON: Asked and answered. You've 4 asked it, that's three times. And he told you 5 the first time he honestly doesn't know. 6 BY MR. KNAUER: 7 Q. When your mother came home did she drink with 8 you? 9 A. No. 10 Q. Did she ask where the alcohol came from? 11 A. No. 12 Q. Did she stop people from consuming alcohol? 13 A. No. 14 Q. Did she let your father know that there had 15 been a party at your property? 16 MR. NEALON: At what time? on the night 17 when he was in Indiana? 18 MR. KNAUER: Yes. 19 A. No, she didn't. 20 BY MR. KNAUER: 21 Q. When your father was away from town on other 22 occasions did you have parties there? 23 A. Before or after? 24 Q. Yes. 25 A. Yes. - TILIUS G Af: LUCAS REPORTING SCRUCT, INC. - Hamsbarq 71.136-(M23 lmi 717-S45-641A PA I.R0.133-971: Exam./Knauer - M. Ruble 18 1 Q. And were alcoholic beverages served at those 2 parties? 3 A. Yes. 4 Q. Were they served to you? 5 A. We only had two parties there. So those are 6 the only two times that he was away. 7 Q. Now, would the May 25 party be the third party 8 then? 9 A. I believe so. 70 Q. Had you ever seen your mother drunk? 11 MR. NEALON: Objection. What's the basis 12 and relevance of that? 13 MR. KNAUER: This is a discovery 14 deposition, Jim. YS MR. NEALON: That doesn't give you carte 16 blanche right to ask the question. What's the 17 relevance of that? 18 MR. KNAUER: The relevance is very simple. 19 If there's a drinking problem that the mother 20 has and the father is out of town the son can 21 certainly testify as to whether his mother is a 22 heavy drinker. 23 MR. NEALON: I'm not going to allow him to 24 answer that question. 25 MR. STONE: You can ask him whether his III-111S & Mc1UCAS REPORTING SCR17CC, INC. lbm.b.,g 717.23644,23 1nrA 717-945--418 PA 1-800-233-93:7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 19 mother -- I think he's already testified that she had nothing to drink at the party of May 24th, 25th. That being the case, there is no basis for your question. MR. KNAUER: I think there would be, Craig. And this is a discovery deposition and I think under those -- it would lead to evidence -- MR. STONE: The issue is her condition and what she did or didn't do on the 24th, 25th. MR. NEALON: There's no allegation of negligence on their part prior to May of 197. The allegation is that they permitted alcohol to be provided to minors on May 25th, 1997. MR. KNAUER: Jim, if you look at the addendum clause of the complaint we are seeking punitive damages and to support punitive damages prior occurrences can be considered. MR. NEALON: Prior occurrences of providing alcohol to minors and he's told you that on the two prior occasions alcohol was at the home the parents did not know about it. So... MR. KNAUER: I can still ask the question. MR. NEALON: Well, you can ask it. He's FILMS L ,4frLUCAS RUPORTI,NG SERVICE, INC. Ilum0,.,g .717-23hd1h23 Iiud 712.675-1419 At 1-SOO.233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 20 not answering. MR. KNAUER: We'll have to take that up with the Court then. MR. NEALON: Go ahead. BY MR. KNAUER: Q. How many people were at the party on May 25, 1997? MR. NEALON: Asked and answered. Don't answer it again. BY MR. KNAUER: Q. Did you have any drinking games you were playing at that time? A. I believe so. Q. What were they? A. They were playing beer pong and I think that's it. Q. What is beer bong? A. You set up cups and you throw a ping pong in the cups. Q. Is that -- MR. STONE: Just for clarification, did you say beer pong, was that your question? MR. KNAUER: Yong, bong. MR. STONE: I thought you said bong. I think he's talking about pong. nuns & hld.ucns R1:PORTmc. S[RUcr, INC. Porridmrg 71747E-0627 Vmk 717-E45-6418 PA 1.8(81-22.13.9327 Exam./Knauer - M. Ruble 21 1 A. Pong, pong, a "p". 2 BY MR. KNAUER: 3 Q. Is that everybody lines up and takes a shot at 4 the cup? Tell me how it works. 5 A. Two people are on the team and there's about 6 six cups lined up in a triangle shape and you 7 throw the ping pong into the cup and the person 8 who -- if I were to shoot and sink a cup the 9 opposing team would have to drink a cup. 10 Q. And did you play that game that night? 11 A. Once I think. 12 Q. Who was your partner? 13 A. I can't remember. 14 Q. How much alcohol did you consume that evening? 15 A. I don't know. 16 Q. Was it more than one? Was it more than one 17 drink of beer? 18 MR. STONE: I object to the form of the 19 question. In terms of drink what are you 20 talking about? Are you talking about sips, 21 some kind of a quantity? 22 MR. KNAUER: I'm leading into that, but I 23 think Jim is going to be the one that's making 24 the objection. 25 MR. NEALON: Well, there's also, as you rnLlus & McLUCAS RrPOanNC Sre37ce, INC. Ham,barg 717-236-0623 Yo A 717445-6418 PA 1.90-233.9327 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 22 said, a punitive damage claim and I'm not representing the Rubles on the punitive damage claim. So I think he is entitled to -- MR. KNAUER: Not since he hasn't entered his appearance. I've copied Craig on everything, but to my knowledge, he hasn't entered his appearance. MR. STONE: Well, let me enter my appearance on the record. MR. KNAUER: I think that's got to be done at the courthouse, Craig. MR. STONE: Well, I've just done it. BY MR. KNAUER: Q. Did the alcohol that you consumed at the party, did that make you drunk? A. I believe so. Q. And were any of the other people drunk? A. My friends? Q. Your friends first, yes. A Q Yes. And how many of them were drunk? MR. NEALON: I just want to place an objection. Asking him to say whether or not they were drunk may call for a -legal conclusion. I would prefer that you have him f1LIUS &AIcUICAS REPORTING SERPICf, INC. Hamdwrg,17-211--Mr:3 hr.A, 1,7415-1,41811.11-XIX6:33A.12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 23 describe any effects he saw because they may have all been legally sober for all he knows. MR. KNAUER: I'll work with that, Jim. BY MR. KNAUER: Q. What did you see your friends do that led you to believe they were drunk? MR. NEALON: Objection to the form again BY MR. KNAUER: Q. Answer the question, please. MR. NEALON: Do you understand the question? A. Not really. BY MR. KNAUER: Q. What conduct of your friends led you to believe that they were drunk as well? MR. NEALON: Same objection. It's the same question. MR. KNAUER: It's not the same question, Jim. MR. NEALON: You're asking him for a legal conclusion as to whether they were drunk. MR. KNAUER: I'm not asking him for a conclusion. I'm asking him for exactly the objection you made, what conduct of your friends led you to believe that they were - FILIUS H AfrLUCAS RLPOR17A'G SERVICE, INC. - Harmburg 717.236-06213 VaA 717445-t,416 V4 1-9016131.9317 Exam./Knauer - M. Ruble 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 drunk. MR. NEALON: Why don't you say what conduct of his friends did he observe leaving out the part about them being drunk. MR. KNAUER: Fine. BY MR. KNAUER: Q. What con duct did you see your friends do after they con sumed alcohol? A. I wasn't babysitting, so I really don't know exactly what they were doing. Q. Do you r emember what any of them were doing? A. They wer e socializing. Q. And you felt that they were drunk? MR. NEALON: Objection, calls for a legal conclusion. MR. KNAUER: Jim, he can answer the question. MR. NEALON: What's your definition of drunk? MR. KNAUER: My definition of drunk is conduct that impaired either their judgment, their speech or their walking. MR. NEALON: Well, I think we'd have a lot of disagreement as to whether someone who slurs their speech is legally drunk or not. That's nuns & AId.UCAS RLPOnnXG SERVICE., INC. HarriAwg 717-23640623 ) on :17445.6415 PA I-SW1334127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 25 my point. If you want to ask him about conduct I don't have a problem with that. MR. KNAUER: Let me qualify it so I want to make it very clear on the record. When I am speaking of someone slurring their speech I am not referring to people slurring their speech because of a physical disability. MR. NEALON: I didn't say that, but the fact that you slur your speech doesn't necessarily mean you're legally drunk. MR. KNAUER: I'm not saying legally. I'm asking him -- and I will phrase the definition of drunk for you. MR. STONE: How about the word impaired, is that better than drunk? MR. KNAUER: That would be fine. MR. STONE: That would I think take into consideration any type of impairment of the type that you're talking about. MR. KNAUER: Thank you. BY MR. KNAUER: Q. What led you to believe that your friends were impaired after their consumption of the beer at your home that evening? MR. NEALON: I just want to place an --T1LI11S 6 AIcLUCAS RCP0RTING SCRUCC, INC. - 7fumOwq 717.25n-0619 lo,k 717445-6418 1'4 1-80k1-22.11.4)27 Exam./Knauer - M. Ruble 26 1 objection as to time frame. You haven't 2 established a time frame, because that's 3 important. And you also haven't established 4 that Mr. Hurley is one of these friends and I 5 think that's important. 6 MR. KNAUER: Well, Jim, I'm taking my 7 deposition. 8 MR. NEALON: Well, I'm going to object. 9 MR. KNAUER: You can object, but you're 10 not going to tell me that I have to put my 11 client in that question and change my line of 12 questioning. So please, you know, your only 13 objection is to the form. You're not objecting 14 to the substance, so let's stop the nonsense. 15 MR. NEALON: It's not nonsense. The time 16 frame in this case is very important and when 17 things were observed is very important and 18 which friends were there is very important. So 19 you're not going to be able to take a question 20 now, ask the question and then later insert 21 whoever you want into it as far as friends and 22 as far as time because I know you'll do it. 23 MR. KNAUER: Jim, I'm going to ask the 24 questions. 25 MR. NEALON: And I'll instruct him not to - rams t. AfMICAS REPORTING SER17CC, INC. - Rnmslmry,•717-:3h-0h23 ),,,L 717.645-1418 PA 1.800-23.3-93:7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 27 answer if that's your question because it's totally unclear and unfair. MR. KNAUER: It is not unclear and unfair. If he says he doesn't understand, that's one thing, but this is a discovery deposition. The questions except as to form are -- all objections are waived. Now you're either going to waive those objections or we're going to make you do every objection on every question. MR. NEALON: Theatrics aren't necessary, Dave. MR. KNAUER: Neither are yours, Jim. Now,, let's get back to the question. BY MR. KNAUER: Q. In the time period you've mentioned, that the party started at 10 o'clock and that you were there until after midnight, what conduct of your friends led you to believe that the alcohol had impaired their abilities? MR. NEALON: Objection to the form. lie didn't say he was there until after midnight. BY MR. KNAUER: Q. What time were you at the party? A. From about 10:00 to about 11:45. I went to bed, so I was there the whole time literally, - IIIJUS BMrI_l1CAS RI PORIING SCRUCf INC.- Ha ...1wX 717-2%-(M23 lurk 717415- 41b A4 l-hlhl-237.9327 1 2 Q 3 4 5 6 7 8 9 Q 10 II A 12 Q 13 14 A 15 Q 16 A 17 18 Q 19 A 20 Q 21 A 22 Q 23 A 24 25 Exam./Knauer - M. Ruble 28 but I went to bed. Now, you mentioned that you saw that your friends were impaired by alcohol. What led you to believe that they were impaired? I don't know. I mean, they were socializing, they were drinking. So I assumed that whenever they drink they were impaired. I'm not -- did I say they were drunk? I believe in the early portion you answered it. The deposition will stand for what it says. Okay. Can you identify the names of your friends that were impaired? At what time? At any time during the party. Ryan and Aiden were. Those were the two that were sticking in my head. Ryan who? Ryan Straub and Aiden Falvo. Did they have music at the party? I think so. And how close to your bedroom was the party? I don't know. It was on the porch, which is you want like a rough guess, feet? MR. NEALON: If you want to describe the TIL(llS &,%1rLUC4S REPORTING SLRCICL, INC. Harrisburg 71 7-23 6-0213 1'od 717-495--(416 PA 1-800-233.9327 A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 3.9 20 21 22 23 24 25 Exam./Knauer - M. Ruble 29 basic layout of your home, but don't guess as to distance. MR. KNAUER: No, I understand, Jim, he's giving me an approximation, as any witness would be doing. MR. NEALON: Well, if he's guessing, he's not supposed to guess. MR. KNAUER: No, I'm not asking him to guess. I want an approximation. A. Okay. So approximately maybe 20 -- or maybe like three, 200 -- I don't even know. I'm not go at approximations. BY MR. KNAUER: Q. There was no music at that party? MR. NEALON: That's not what he said. BY MR. KNAUER: Q. Was there music at the party? A. I said I believe so. Q. And was it loud music? A. No. Q. How did your friends get to the party? MR. NEALON: Which friends? MR. KNAUER: His personal ones and not the older ones. MR. NEALON: Are you talking Ryan and FILMS 6 AfeLUCAS REPORTING SERVICE, INC. IfarriOu q'L--236-0623 1'ort 717-915-WS PA f-SW-233-93:7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 30 Aiden? MR. KNAUER: Who else was there? MR. NEALON: Why don't you for the record establish which friends because I don't want to be put in later anybody else. I think it should be clear as to which friends. MR. KNAUER: And that's exactly what I asked him, which friends were at the party. A. I believe their parents dropped them off. BY MR. KNAUER: Q. And who were your friends who were at the party? A. Ryan and Aiden and maybe a couple more, like I said, but I don't remember exactly who they were. Q. Were there more of your friends at the party or were there more of your older brother's friends at the party? A. My older brother's. Q. How far in advance had this party been scheduled? A. I'm not aware of it. I don't know. Q. Was your mother aware that there was a party going to be held at your home that evening? A. No. - I11.{US & AM UCAS RCPOR77NG SCRPICE, INC. - 1{am.Lurg 74'-27/r-0h$.7 1'urA 71744S-641S PA I-SM-M-9327 i? Exam./Knauer - M. Ruble 31 1 Q. What did she do when she came back? 2 A. She walked down the sidewalk and asked to see 3 who was drinking and who had -- if anybody had 4 a designated driver. 5 Q. Did she try to stop anybody from drinking? 6 A. No. 7 Q. Had she ever provided alcoholic beverages to 8 your older brother and his friends? 9 A. Not that I'm aware of. 10 Q. To you and your friends? 11 A. No. 12 Q. Roughly how many cars were at the party? 13 A. I don't know. 14 Q. Was there any vehicle collisions at the party? 15 A. At the party? 16 Q. Yes. 17 A. Before I went to bed? 18 Q. Yes. 19 A. No. 20 Q. Did you see any of the other party-goers were 21 impaired after they consumed alcoholic 22 beverages? 23 MR. NEALON: Other than Ryan and Aiden 24 that he's already discussed? 25 MR. KNAUER: Yes. - nuns &.%Icl.uces DEPORTING SURUCE, INC. Hamsfwg 717.236-0623 Ynr4 717-84.5-6/1N 11.4 1-9(W-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 32 A. Not that I'm aware of, BY MR. KNAUER: Q. Did you see my client Mr. Hurley at the party? A. Yes, I did. Q. And what was he drinking? A. Beer. Q. Did he participate in the beer pong? A. I don't know. I guess so. I'm not sure. Q. Did he appear to have his abilities impaired by the alcohol he consumed? A. No. Q. What led you to go to bed early? A. I was tired. Q. Do you have any idea what time the party actually stopped? A. No. Q. Were you aware that the law does not allow -- did not allow you as a minor to consume alcoholic beverages? A. Yeah. Q. Was there a reason that you consumed the alcoholic beverages? MR. NEALON: Well, I'm going to object. The reason he did isn't relevant. MR. KNAUER: I think it is. It goes to - FIVUS & ALd.I.'C.9S P.CPORTING SCRUCC, MC. - llamsharg717.1.364M23 lock 717-945-6419 PA I-FW433-912' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - M. Ruble 33 the general nature of the question. MR. NEALON: The issue in this case is Mr. arid Mrs. Ruble's alleged provision of alcohol to minors. That's the issue in this case. This doesn't have anything to do with it. MR. KNAUER: It does partially, Jim. This is a discovery deposition and I'm going to ask questions that normally I could not ask him for because they may lead to discoverable evidence that is admissible and that's the rules. MR. NEALON: What's the potential discoverable evidence that it will lead to? MR. KNAUER: Read back the question, please. (Previous question read by the court reporter) MR. NEALON: The reason you drank that night is the question. A. I don't know. BY MR. KNAUER: Q. So that you knew at the time you started to drink that you were not legally allowed to do so, correct? A Q I'm sorry? I said when you took your first drink you knew ElUUS v.41r2.ucAS RETORTING SERUcE, INC. HamO rg 717.23641623 l ork 717-W-MIN PA 1-800-233.4327 Exam./Knauer - M. Ruble 34 1 that you were not legally entitled to do so? 2 A. Yes. 3 MR. KNAUER: I will continue the 4 deposition until a later time and reserve the 5 right to recall if I feel it's necessary. 6 MR. NEALON: What? 7 MR. KNAUER: I said I will reserve the 8 right to recall the witness in the event I 9 believe it is necessary. 10 MR. NEALON: On what basis? I mean, you 11 know as well as I do you ask all your 12 questions, you exhaust the witness's knowledge 73 and then we move on. You don't get to come 14 back piecemeal. 15 MR. KNAUER: That's why I'm continuing it. 16 I'm not stopping it, I'm continuing it. 17 MR. NEALON: Do you have anymore questions 18 for this witness at this time? 19 MR. KNAUER: I have no further questions 20 for this witness at this time. 21 MR. NEALON: Then we're considering the 22 deposition concluded. If you want to restart 23 it you'll have to file a petition with the 24 Court. 25 MR. KNAUER: Fine. That's why I'm nLI p; & AL LUraS RrPOR73NC iLJMcr, INC. _, Horr,fw A 727.23n-0623 Imi 717-645-WIF 1'.41.610-233-9327 Exam./Knauer - M. Ruble 35 1 continuing it. The Court- can make the 2 decision. 3 MR. NEALON: Just so I understand it, you 4 don't have any a dditional questions to ask the 5 witness at this time? 6 MR. KNAUER: At this time I do not, but if 7 other areas come up that raise credibility 8 questions I will renotice the deposition. 9 MR. NEALON: Who do you want to do next? 10 MR. KNAUER: I want to do Chad next. 11 (Whereupon, the depo sition concluded at 12 950 a.m.) 13 14 15 16 17 18 19 20 21 22 23 24 25 - I IIAIS 6 M,TUCAS REPORTING SERUCE, INC. - Uamdrurg 717-236-0823 fork 717-875-6418 PA 1.800-133-9321' A Exam./Knauer - M. Ruble 36 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) I, Susan D. Kashmere, Reporter and Notary Public in and for the Commonwealth of Pennsylvania and County of Dauphin, do hereby certify that the foregoing deposition was taken before me at the time and place hereinbefore set forth, and that it is the testimony of MATTHEW RUBLE I further certify that said witness was by me duly sworn to testify the whole and complete truth in said cause; that the testimony then given was reported by me stenographically,,and subsequently transcribed under my direction and supervision; and that the foregoing is a full, true, and correct transcript of my original shorthand notes. I further certify that I am not counsel for or related to any of the parties to the foregoing cause, or employed by them or their attorneys, and am not interested in the subject matter or outcome thereof. Dated at Harrisburg, Pennsylvania, this 12th day of February, 2001. NOTARIAL SEAL Stan D. Kashmare, Notary Public GryofHIMMill;, 1IJUP in County Mycummuvu °rf,x.Apri11B.2004 My commission expires April 18, 2004. -l1eS??4?vrl oiyv Susan D. Kashm re, RPR Reporter - Notary Public -111.111 S F AfrCUCAS RI:POR17NG SCR1'1CC, PVC. - 11,Im.hurg717-276-0e21 Ymt 71 744 5-64 18 Pd 1-SMI-233-41:7 ??, ?, I - . - - STEVEN E. HURLEY, Plaintiff Vs. DUANE R. RUBLE and PAULA RUBLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-2872 Civil Action - Law JURY TRIAL DEMANDED Deposition of: Taken By Date Place Before APPEARANCES: CHAD RUBLE Plaintiff December 29, 2000; 9:55 a.m. Mette, Evans & Woodside 3401 North Front Street Harrisburg, Pennsylvania Susan D. Kashmere, RPR Reporter - Notary Public DAVID W. KNAUER, ESQ. For - Plaintiff NEALON & COVER By: JAMES G. NEALON, III, ESQ. -and- METTE, EVANS & WOODSIDE By: CRAIG A. STONE, ESQ. For - Defendants ALSO PRESENT: DUANE R. RUBLE PAULA RUBLE STEVEN E. HURLEY - HLIUS & AULUCAS REPORTING SERVICE, WC. - Namharg 717.2164b23 3brl 717405-6419 03 1-NO6-233-9.327 Uamslwg 777.236-0623 3'nrk 717.915-6179 PA 1-600-233-9327 3 1 STIPULATION 2 It is hereby stipulated by and between 3 counsel for the respective parties that 4 sealing, filing and certification are hereby 5 waived; and that all objections, except as to 6 the form of the question, are reserved to the 7 time of trial. 8 CHAD RUBLE, called as a witness, being 9 duly sworn, testified as follows: 10 EXAMINATION 11 BY MR. KNAUER: 12 Q. Would you give me your name, please? 13 A. Chad Ruble. 14 Q. And what is your relationship with Paula and 15 Duane Ruble? 16 A. I'm their son. 17 Q. And how old are you? 18 A. 22. 19 Q. When were you born? 20 A. October 19th, 178 21 Q. Are you in school now? 22 A. Yes, sir. 23 Q. Where are you at school? 24 A. Williamsport. It's called Pennsylvania College 25 of Technology. IILIUS & MCLUCAS REPORTING SERVICE, INC. Ram0wrg 717.236-0623 fork 710-645-6418 PA 1-SOO-233-9327 Exam./Knauer - C. Ruble 4 1 Q. And what are you studying there? 2 A. Business management. 3 Q. Are you a licensed driver? 4 A. Yes. 5 Q. When did you first have your first drink of 6 alcohol approximately, how old were you at the 7 time? 8 A. Tenth.grade, 16, 17 years old. 9 Q. And where did you get that alcohol? 10 A. A friend's house. 11 Q. Did your parents ever give you any alcohol? 12 A. No. 13 MR. NEALON: At what point because he's 22 14 now? 15 MR. KNAUER: Prior to May 25, 1997. 16 A. No. 17 BY MR. KNAUER: 18 Q. How frequently before May 25, 1997 would you 19 consume alcoholic beverages? 20 A. Can you restate the question? 21 Q. Sure. Before May 25, 1997 how frequently would 22 you consume alcoholic beverages, let's say in a 23 month? 24 MR. NEALON: In the month before May of 25 97? FILMS 6 AfrLUCAS RLPORTING SLRME, INC. Hamsburg 717-236-%23 York 71 -945-64,18 PA I.SM-233.9327 Exam./Knauer - C. Ruble 5 1 MR. KNAUER: In the month before 197. 2 MR. NEALON: Before May of 197? 3 MR. KNAUER: Yes, yes. 4 A. Maybe four times. 5 BY MR. KNAUER: 6 Q. And how about that year, about how many times a 7 month between May 25, 1996 and May 25, 1997? 8 A. You want to know how many times -- 9 Q. Approximately how many times. 10 A. Eight, nine. 11 Q. And where did you consume that beverage? 12 A. Friend's house. 13 Q. Did you ever consume any alcohol at your 14 parents' home? 15 MR. NEALON: Prior to May of 197? 16 MR. KNAUER: Prior to May of 197. 17 A. No -- yes, yes, I lhavc. 18 BY MR. KNAUER: 19 Q. And on what occasions? 20 A. Can you be more specific? 21 Q. Sure. You said that you had consumed alcohol 22 at your home prior to May 25, 1997. What type 23 of alcohol first did you consume? 24 A. Beer. 25 Q. Any other alcohol? - nuns S AfrwCAS REPORTING SERUCE, INC. - Ham.hurq 712.236-0623 York 712.815-6179 Pd 1-800-233-9327 Exam./Knauer - C. Ruble 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No. Q. And who gave you the alcohol, the beer? A. Friends. Q. Did your parents ever give you a beer? A. No. MR. NEALON: Prior to May of 197? MR. KNAUER: Prior to May of 197. A. No. BY MR. KNAUER: Q. Had you ever had parties at your home where alcoholic beverages were served or permitted to be served to you or your friends? MR. NEALON: Prior to May of 197? MR. KNAUER: Prior to May of 197. MR. STONE: That's a compound question. MR. KNAUER: I'll rephrase it. BY MR. KNAUER: Q. Prior to May of 1997 you had had parties at your home? A. Yes. Q. And the same question except you had drank at those parties? A. Yes. MR. NEALON: Have we established -- was there one party or -- 171.111$ 6 J11rLUG4 S R1.PURTiNG SCR 17CT., INC. Harrisburg 717.136-0013 1 arl 717-615-66418 13.4 1-800-131-9.317 Exam./Knauer - C. Ruble 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. It was one party. MR. NEALON: Because you've us ed the term parties and I don't think this witn ess has established -- BY MR. KNAUER: Q. At that party when was that period of time? A. 195, '96, something like that. Q. And what was the occasion for that party? A. Just a small get-together. Q. Were either of your parents at that party? A. No. You mean like at the party? Q. Right. A. Like there there? Q. During the party. A. Well, yes. Q. And you were underage at that time, correct? A. Yes. Q. Did they see you drinking alcohol? A. No. Q. Did they see any of your friends drinking alcohol? A. Q• A. 4• No. How did they not see it? They were inside in bed. And how many friends did you have there that 7ILIUS & AIrLUC.1 S RLPOR TING SLRMI., INC. Rum.•hurg 717•1364*21 Vo,4 717•F45.6418 PA 1.800.2.31.912: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer C. Ruble g evening? A. Six, seven. Q. Did you have any music? A. Yes. Q. Was it loud music? A. No. Q. And you're aware that you're not allowed to drink alcoholic beverages when you were at that time? A. Yes. MR. NEALON: Wait until he finishes his question. BY MR. KNAUER: Q. Had you ever operated a vehicle while under the influence of alcohol? MR. NEALON: At what time? MR. KNAUER: Jim, let me finish my question, please. BY MR. KNAUER: Q. Prior to May 25, 1997 had you ever operated a vehicle while under the influence of alcohol? A. Yes. Q. And on how many occasions? MR. STONE: Under the influence meaning having any alcohol at all? 1ILIUS FABLUCAS RLPORMG SLRVIC& INC. HOM.Ilhrq 717.236-0623 1 orK 717445-6418 PA 1-800-233.9327 Exam./Knauer - C. Ruble 9 1 MR. KNAUER: I'm just using Jim's 2 terminology. Impaired. 3 MR. STONE: You're now saying a new term 4 "under the influence" meaning any drinking at 5 all before driving? 6 MR. KNAUER: Yes. 7 A. Is that one, two? 8 MR. NEALON: The question is have you ever 9 driven a vehicle prior to May of 197 when you 10 had one drink? 11 A. Yes. 12 BY MR. KNAUER: 13 Q. How many drinks had you had on that occasion? 14 A. Which occasion? 15 Q. Then you had operated a motor vehicle more than 16 once under the influence of alcohol? 17 A. You're asking me on which occasion. I'm saying 18 you asked me before how many times have I had 19 drinks prior to this accident and I told you 20 more than one time. 21 Q. Okay. Did you operate a motor vehicle prior to 22 May 25, 1997 after drinking more than one time? 23 A. Yes. 24 Q. And you're aware that it was not allowed by the 25 law to drink alcohol as a minor, correct? fILIUS 6 A1rLUCAS REPORTING SLR VICE, INC. Harrisburg 717.236-0623 )brk :17-945-6418 1'.11-SM-23.)-9.121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - C. Ruble 10 A. Yes. Q. On any of those occasions when you drank and drove was your vision impaired? A. No. Q. Was your hand coordination impaired? A. No. Q. Was your judgment impaired? A. No. Q. Had you had more than four drinks? A. No. Q. Now, the evening of the party who organized the party? MR. STONE: Were now talking May 24, 1997? MR. KNAUER: Yes, Craig. BY MR. KNAUER: Q. Who organized the party? A. I did. Q. How many people did you have at the party? A. Ten to 12 maybe. Q. Would you name them, please? A. Mike Meltzer, Josh Toth. Q. Michael -- A. Meltzer. Q. Do you know how you spell Meltzer? /1LiU5 & AIrLUCAS REPORTING SLR17Cf-, INC. Hamnbarg 717436-0623 lori 717445.6918 PA 1-8(10-2.73-9327 Exam./Knauer - C. Ruble 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I don't know. list. MR. NEALON: Dave, we provided to you the MR. KNAUER: Yes, I'm just asking. MR. NEALON: That has the spellings on it. MR. KNAUER: That's fine. If he runs into a spelling problem we can do it. BY MR. KNAUER: Q. Who else? A. Craig Berkheimer, Tarren Iieckard, Chase Berkheimer, a few of Matthew's friends. I don't know. I know Roy was one of them. I don't know his last name. Rob Jensen, Susan Rigley, Shanna Audo. And that's basically all that I really remember. Q. And what type of drinks did you have at the party? A. Beer. MR. STONE: Are you including your client in the question? MR. KNAUER: Oh, yeah. MR. STONE: I mean, I realize Steve was there. BY MR. KNAUER: Q If I asked this again, please bear with me. !71-1!15 & AIcL11CAS REPORTING SER17CE, U'C. Ila,Wwg 717436-6623 Volk 717-.945-6119 PA 1-6181-233.93:7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q- A. Q. A. Q- A. Q• A. Q- A. Q• A. Q- A. Q• A. Q• A. Q• A. Q. A. Exam./Knauer - C. Ruble 12 What type of drinks did you have at the party? Beer. And was it cases, bottles? Keg. Who got the keg? A friend. Who was the friend? Looking for a name? Yes. Craig Berkheimer -- excuse me, Eric Berkheimer. Had you asked him to get the beer? Yes, not him directly. Who had you asked? His brother. And why did Eric have to get the beer? i didn't have anyone else to get it. Was he over 21? Yes. Was your mother aware that there was going to be a party that night? No. Bid your mother come home during the party? Yes. And what time did your mother come home? Around 9:00 to 11:00, somewhere in between IILIUS H A1cLUCAS REPORTING SERVICE, INC. Hnm,lwg 717.239-0923 3brk 717.875-6429 PA 1-900.233.9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - C. Ruble 13 Q A Q A, Q- A. Q• A. Q. A Q A Q A. Q• A Q A Q there. And what did she do when she got there? She socialized for a little bit and went inside, got a shower. Did she drink anything at the party? No. Did she play beer gong at the party? No. Did she stop the party? No. Had she ever been aware of any other parties at your house? No. Had she ever purchased alcohol and given it to you? No. Had she ever purchased alcohol and given it to your friends? No. The evening of the incident, to your knowledge, was your mother at a bar? No. Do you know where she was? She was with a friend. And who was the friend? 17LIUS 6 McLUCAS REP11R77NG SERVICE; INC. Rm,iA wrg 717-23n-OO23 Voti 717-815-419 P.1 1-600-233-9327 ¦ 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A. Q• A. Q- A. Q• A. Q- A. Q- A. Q• A. Q- A. Q. A. Q• A. Q Exam./Knauer - C. Ruble 14 Carla. I don't know her last name. Do you know -- did you invite Steve Hurley to the party? No. Who did? My brother. And about what time did Steve get there? 9:00, 10 o'clock. And when he got there had he been drinking? I don't know. When he was there did you see him drink? Yes. What was he drinking? Beer. Was he playing beer pong? I don't know. Were you having beer bong? I don't think so. And just for the record what is beer bong? Beer bong? Song, yes. It's a funnel and a tube and you put a beer in it and then you put the tube into your mouth and you chug the beer. Was there anybody doing that at the party? PHJHC & h1cl.uCAS REPOan,vc SERUCE, INC. Hnmchurg 717-;3ti-(1G.',) Yur4 :17-SI3-6118 PA 1-8006233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - C. Ruble 15 A. I do n't think so. Q. Were you able to tell how much Steve drank? A. No, I was not. Q. Were you able to tell whether he was impaired beca use of the alcohol he drank? A. No, I was not. Q. Did anybody try and ta ke his keys away from him? A. Yes. Q. And who was that? A. That was me and Craig Berkheimer and Tarren Heckard. Q. And why did you try and take his keys away? A. Because he b acked into Craig Berkheimer's truck. Q. And what led you to believe just by backing up into a truck that he was unfit to drive? MR. STO NE: Object to the form of the question. BY MR. KNAUER: Q. After he hit Craig's -- before he hit Craig's vehicle did anybody -- were you concerned about his ability to drive? A Q No. Did you see him staggering? nLWS&AIcLUCnsRCPORIWGSERI e,INC.- Harrit6urg 717.236-0623 3brk 717-945-0419 PA 1-SW-233-A327 Exam./Knauer - C. Ruble 1 2 3 4 5 6 7 8 A. Q• A. Q- A Q. 9 A 10 Q 11 A 12 Q 13 A 14 15 16 17 18 19 20 21 22 23 24 25 Q• A. Q- A. Q• A. No. Was his speech slurred? No. Was his reaction time slurred? No. So when he first gets in the truck, in his vehicle everything is fine, nobody tries to take his keys, correct? Correct. 16 Was your mother there at the time?. No. He backs into Craig Berkheimer's truck? Correct. And then what happened? Then I -- I was out there at the time, I walked out with him. After he backed into the truck I said, you know, wait a minute, maybe you shouldn't drive, just stay here, we got plenty of room. Along with me was Craig and Tarren, which also recommended him to stay at my house. And Chase was there, also. And had your mother authorized that? Authorized what? To say he could stay at your house that night. She told everybody they were welcome to stay at FILIUS & Ah LUCAS REPORTING SERUCI., INC. )I.,,0uq f17.2364M.13 1 nrA 717-445-.414 PA 1.400-211-4727 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q- A. Q- A. Q A Q- A. Q• A. Q• A Q A Q A Q A Q Exam./Knauer - C. Ruble 17 the house. Now, when you said backed into Berkheimer's truck, was it just bumper to bumper? No. What was it? It was his trunk lid into the back of Craig Berkheimer's bumper. And what was Steve's response when you tried to take the key? I didn't physically try to take the key. I recommended him to stay there. Did anybody take the key? No. Did anybody try to take the key? No. Was anybody else impaired by the alcoholic beverages they consumed that evening? Yes. And who were they? Craig Berkheimer. And did Craig go home that evening? Yes. You knew he was impaired? Yes. Did anybody try and take his keys? 171-IIIS 6,11rcucAS REPORTING SCRYICL, INC. Ilameburg 717.17h-(M23 Ibrk 717445-6119 PA I-MIO-1.3.3-9317 Exam./Knauer - C. Ruble is 1 A. No, because he had a designated driver. 2 Q. And who was the designated driver? 3 A. Tarren Heckard. 4 Q. And Steve was alone? 5 A. Yes. 6 Q. On any other occasion -- how many times had you 7 been drunk before May of 197? s MR. STONE: Object to the form. 9 MR. NEALON: Object to the form. What's 10 the relevancy? 11 BY MR. KNAUER: 12 Q. How many times before the May 25, 1997 -- 24, 13 25 had you ever been impaired by alcohol? 14 A. Ten times. 15 Q. And had you operated a motor vehicle at any 16 time during those ten times? 17 A. Yes. 18 Q. And had you ever been in any accidents because 19 of it? 20 A. No. 21 Q. Had you ever received any tickets because of 22 it? 23 A. No. 24 Q. Were you aware of the danger of it? 25 A. Yes. 111.IUS 6.1IrEUG4S REPORTING SER17C1:, INC. Mm.b.,g 717-2116-0n21 1'ur1717-B45-(alA PA I-SM-233-9327 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - C. Ruble 22 It's inappropriate. MR. KNAUER: The kind you usually ask or Mr. Nealon asks. MR. NEALON: No, I don't. MR. KNAUER: I'll go back and rephrase the question, but I think the question stands. MR. STONE: The only question you're entitled to ask is has he fully answered all of the questions that you've posed. MR. KNAUER: And I disagree on that. MR. NEALON: Do you have any other questions? MR. KNAUER: He hasn't answered the question. MR. NEALON: He's not going to. MR. KNAUER: Well, then I'll have to see about that, too. And would you put or, the record, Mr. Nealon, why you're -- are you instructing the witness not to answer? MR. NEALON: Yes. MR. KNAUER: And would you put on the record why -- MR. NEALON: I think Mr. Stone has just done it. MR. KNAUER: Then you're adopting Mr. 171.1115 &M, I . UC9s RHYMING SURVICL, INC. Hnmsbuq 717-:1h4h,21 1 nr4 7174454d1N PA I-800-2114117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - C. Ruble 19 Q. And was Steve still at the party when your mother came home? A. Yes. Q. How long was your mother at your home before Steve left? A. Three to four hours. Q. And your mother was there during that three-to-four-hour time period? A. Yes. Q. What time did she get there? A. 9:00 to 10 o'clock in the evening. Q. And by that time was Mr. Hurley drunk? MR. STONE: Object to the form of the question. BY MR. KNAUER: Q. Could you tell he was visibly impaired? A. No. Q. Could you tell Mr. Berkheimer was visibly impaired? A. No. Q. Do you know anything else about the circumstances leading up to the accident in which Mr. Hurley was injured? A. No. MR. NEALON: I just want to object to that --17LIUS 6.1frLUl'ASR1:1'OR77NG SCRI7CC, INC. M,60,ury 717-23644,23 lor1 717415-M16 11d I-S00-03.9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 Exam./Knauer - C. Ruble 20 question, object to the form. MR. KNAUER: Which one? MR. NEALON: The last one. MR. STONE: You need to ask questions. MR. NEALON: You can't just ask a broad question like that and then try to end the deposition. MR. KNAUER: Well, why not? MR. NEALON: You can do it. I'm just objecting to it. Do you have any other questions? MR. STONE: We just don't want you to at some point make some assertion that he can't testify to something he hasn't said here in response to one of your questions because he didn't come forward and tell you that information in response to that last question. It's your obligation to ask questions to get the information that he has. MR. KNAUER: Would you repeat the last question, please? (Previous question read by the court reporter) BY MR. KNAUER: Q• Can you answer that question? TII-IUS & AIMiCAS REPORTING SERV'IC'E, INC. - Ramr6u19 717-238-0823 Imi 717.M.S. 6118 1'.1 7.8 1111-2 3 3.932" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - C. Ruble 21 MR. NEALON: Well, what do you mean by the circumstances? Do you mean the accident of May 25, 197 at 2:24 in the morning? MR. KNAUER: Yes. MR. NEALON: Does he have any knowledge of that? MR. KNAUER: From the time the party started until Mr. Hurley left the party. MR. STONE: My problem with the question is that you've asked him questions and he's given you information in response, which is how a deposition works. You now have said if I've forgotten to ask you any questions is there anything else you want to tell me because if you don't tell me everything, then at some. point in time I'm going to say that you didn't have that information at the deposition, so you're not allowed to say it now or something like that. So I object to that kind of a question. That's like, you know, saying tell me everything you know, that would be your only question in a deposition and anything that the witness didn't say he couldn't later say at trial. So I object to that kind of a question FILRIS G McLUCAS RLPORMC SCKI7CL, INC. 11a,,ulwg 717.23b-Oh23 Iv A 717-N45 419 154 1-N00-2334327 Exam./Knauer - C. Ruble 23 1 Stone's position? 2 MR. NEALON: Yes. 3 MR. KNAUER: And, of course, Mr. Stone 4 aptly stated that the plaintiff will take the 5 position if there is any information that he 6 could have answered to that question and it 7 comes up at trial an objection will be made on 8 the basis that the question was not answered. 9 MR. NEALON: Do you have any other 10 questions? 11 MR. KNAUER: I have no further questions 12 of this witness. 13 EXAMINATION 14 BY MR. NEALON: 15 Q. You said your mother came home sometime after 16 9:00. Is that right? 17 A. Correct. 18 Q. And I think you said that she socialized and 19 then went inside. Is that right? 20 A. Correct. 21 Q. Did she do anything else to see who was 22 staying, who was going, take any steps in that 23 regard? 24 A. She went inside, she came back outside and then 25 she reasked the question who all is staying and FILMS & AW11C.AS RITOR77NG SFR17Cr., INC. Ilum0w,g 717-:36-0M:3 I Vr4 717445.6UN P.4 I-N(NI-231-9157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A, Q A. Q- A. Q- A. Q- A. Q• A. Q• A. Q• A Q Exam./Nealon - C• Ruble 24 who all is leaving. And I did not point out everybody, but I told her that most of the people have a designated driver and a fair amount of them are staying. You were asked some questions about things at your house before this accident. As I understand your house, you have a pool? Correct. And you have about five acres of land? Correct. Was it common for you to have friends over? No. I mean -- Oh, yes, yes, it was common, I'm sorry. I mean given the nature you had a pool. Correct. Were friends over a lot swimming? Yes. Hanging out? Correct. Was your house a hang-out for a lot of your friends? Yes. So it wasn't uncommon for your parents to come HOUS H AIMICAS REPORTING SUMCC, INC. Rumd6urg 717.236-%23 1'urh -M-815-6415 PA I-SOO-233-9327 1 2 3 4 5 6 7 8 9 10 11 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Nealon - C. Ruble 25 home or whatever and see some friends over there? A. Right. Q. To the best of your knowledge, did your parents ever know that prior to this accident you had consumed alcoholic beverages at your house? A. No. Q. For lack of a better term, were you trying to hide it? A. Yes. MR. NEALON: That's all I have. EXAMINATION BY MR. KNAUER: Q. Now, Mr. Nealon asked you about other occasions did your friends hang out. On any of those occasions had your friends consumed alcoholic beverages at your home? A. Yes. Q. And was your mother and father there when they did that? A. Yes. MR. STONE: This has been asked and answered. MR. NEALON: This was all asked and answered. This is the incident he said they nL1uS & McLUCAS REPORIINC 9'MICE, INC. aa"ubux 717-23h-00,21 Imi 717413-M1e 11A 1-800-131-4117, Exam./Knauer - C. Ruble 26 1 were inside. He talked about this. 2 MR. KNAUER: I don't believe he has, Jim. 3 MR. NEALON: Yes, he has. The record will 4 speak for itself. 5 BY MR. KNAUER: 6 Q. Then will you answer the question, please? 7 A. Yes. 8 Q. And was your father home at that time? 9 A. No. 10 Q. Just your mother? it A. Correct. 12 Q. Did she try and stop it? 13 A. She didn't know about it. 14 Q. At any point in time did she know about 15 alcoholic beverages being consumed at your home 16 by yourself or your friends? 17 MR. NEALON: Prior to May? 18 BY MR. KNAUER: 19 Q. Prior to May of 197. 20 A. No. 21 Q. And how do you know that? 22 A. Because she just found out recently. 23 Q. How recently? 24 A. Whenever this -- we first met here. She was 25 aware since we told her. - e71)uS £. 1), LUCAS HIPOxnNC SIAMICL, INC, - Hnmrhurg1 ..I 717-94S-6418 141-SOO 113.91:7 Exam./Knauer - C. Ruble 27 1 Q. When did you first meet here? 2 MR. NEALON: It had to do with the meeting 3 with myself, Mr. Stone, Mr. and Mrs. Ruble and 4 Chad and Matthew. 5 MR. KNAUER: What day and what year, day, 6 month, year? 7 MR. NEALON: Since the complaint was 8 filed, shortly after the complaint was filed. 9 I wouldn't have been involved prior to the 10 complaint being filed. 11 MR. KNAUER: Well, the way he answered the 12 the question I couldn't tell whether it was 13 just with Mr. Stone or you. So that's a 14 clarification. I appreciate that, Mr. Nealon, 15 so we know that aspect of it. 16 BY MR. KNAUER: 17 Q. Were any drugs at that party? is MR. NEALON: Which party? 19 BY MR. KNAUER: 20 Q. On May 24, May 25, 1997. 21 A. I don't think so. 22 Q. Had you ever used any drugs yourself? 23 MR. NEALON: Objection. Don't answer that 24 question. 25 BY MR. KNAUER: - FILMS & McLUCAS REPORZING SERVICE, INC. - Rdm4wg717.2.1f1-01,23 Imk 717-S45-b419 R A I 40-271.9.1:: I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - C. Ruble 28 Q. Had any of your friends used drugs at your home? A. No. Q. I'll give this as a last opportunity to answer the question and I assume you guys will object. Do you know anything about the evening of May 24, May 25 with respect to Mr. Hurley, any of the circumstances before the accident, before he left your property that we have not covered today? MR. NEALON: Don't answer that. Objection, don't answer that. BY MR. KNAUER: Q. Did you come to learn anything after Mr. Hurley's accident about the accident itself? A. I learned that he wrecked leaving my house on Sunday morning or Monday morning or something like that, Q. Did any of your friends tell you anything about it at all? A. My friends informed me that he wrecked leaving my house. MR. KNAUER: No further questions. (Whereupon, the deposition concluded at 10:20 a.m.) /7L/US F Ali l-UCAS RLI'URTING SERF/CE, INC. Ramdhu,g 717-23a41n23 1,114 7174454414 PA 14W-2,7,3-9327 Exam./Knauer - C. Ruble 29 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) I, Susan D. Kashmere, Reporter and Notary Public in and for the Commonwealth of Pennsylvania and County of Dauphin, do hereby certify that the foregoing deposition was taken before me at the time and place hereinbefore set forth, and that it is the testimony of CHAD RUBLE I further certify that said witness was by me duly sworn to testify the whole and complete truth in said cause; that the testimony then given was reported by me stenographically, and subsequently transcribed under my direction and supervision; and that the foregoing is a full, true, and correct transcript of my original shorthand notes. I further certify that I am not counsel for or related to any of the parties to the foregoing cause, or employed by them or their attorneys, and am not interested in the subject matter or outcome thereof. Dated at Harrisburg, Pennsylvania, this 10th day of February, 2001. NOTARIAL SEAL Susan D. KashmcM Notary Public City of Huiidnu& Dauphin County t'17 Qfumiulon Eapircs April 18.2004 My commission expires April 18, 2004. Susan D. Kashmere, RPR Reporter - Notary Public - HL1US &AfcLUCAS REP(MING SLRI7CL. INC. - llamAwrg 7174.1n-0627 Tmk 717-84.5-141S P.41-800.233.9327 LAWYER'S NOTES STEVEN E. HURLEY, Plaintiff VS. DUANE R. RUBLE and PAULA RUBLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-2872 Civil Action - Law JURY TRIAL DEMANDED Deposition of: DUANE R. RUBLE Taken By Plaintiff Date December 29, 2000; 11:00 a.m. Place Mette, Evans & Woodside 3401 North Front Street Harrisburg, Pennsylvania Before Susan D. Kashmere, RPR Reporter - Notary Public APPEARANCES: DAVID W. KNAUER, ESQ. For - Plaintiff NEALON & GOVER By: JAMES G. NEALON, III, ESQ. -and- METTE, EVANS & WOODSIDE By: CRAIG A. STONE, ESQ. For - Defendants ALSO PRESENT: PAULA RUBLE STEVEN E. HURLEY - CIIJUS t-Al, I WAS RCPOR'I1NG SCRUCC, INC. - 11nme6uq 717-21h-%21 ie,A 17.h15-(418 14 1-S(4.233-9127 Hanidwrg N-22,16-M,23 1 i..A :17-F45-1d1ri 11A 1-800-233-9127 3 1 STIPULATION 2 It is hereby stipulated by and between 3 counsel for the respective parties that 4 sealing, filing and certification are hereby 5 waived; and that all objections, except as to 6 the form of the question, are reserved to the 7 time of trial. 8 DUANE R. RUBLE, called as a witness, being 9 duly sworn, testified as follows: 10 EXAMINATION 11 BY MR. KNAUER: 12 Q. Mr. Ruble, I'm Attorney Dave Knauer. I've been 13 asking the same questions to the other 14 witnesses. Same instructions. Is that 15 satisfactory to you? 16 A. Yes. 17 MR. KNAUER: Jim, same stipulations? 18 MR. NEALON: We reserve the right to read 19 and sign. 20 BY MR. KNAUER: 21 Q. What is your relationship to the defendant 22 Paula Ruble? 23 A. She's my wife. 24 Q. And to the two witnesses today, Matthew and 25 Chad? - EILI US & MrLUCAS REPORTING SER17CE, INC. - U4m$burg 717.236.0623 lurk 717-945-6419 PA 1400-233-9317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. 4 A. Q- A. Q. A. Q- A. Q- A. Q. A, Q. A Q A Q Exam./Knauer - D. Ruble 4 I'm their father. And what type of business do you have? A trucking parts dealership and service business. And do you have one company you service, more than one? How does the business work? We work on any heavy duty truck. And where is that located? Carlisle. And your wife said I believe that you were in Indiana at that time? At what time? The evening of the 24th, 25 May, 1997. Yes. Were you there on business? No. What were you there, for? Indianapolis 500. Do you repair vehicles for any of the -- excuse me, strike that. Where is your business located? I already told you. The address, I'm sorry? Carlisle. And do you service ASF, Roadway, any of those? FILUP; l..AW.ueaS RLPORUNG SLRWCL, INC. ibm.f urg 717•,6-/M213 1'nd 717475.6419 11.4 I.66q-231.9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - D. Ruble A. Yes. Q. Which ones? A. Both of them. Q• Does your business require you to be out of town for any period of time or frequently? A. Rarely. Q. Have you ever been to the headquarters of Roadway? A. Of Roadway? Q. Yes. A. No. Q. How about ABF? A. No. Q. Had you ever prior to May 24, May 2 5, had you ever given alcohol to either of your sons? MR. STONE: Object to the form of the question in that it may assume that he gave some alcohol to his children on May 25th. MR. KNAUER: Thank you for the clarification, Mr. Stone. BY MR. KNAUER: Q. Prior to May 24, May 25, and this is just a time cut-off, I'm not implying that you gave alcohol to anyone on May 24, May 25 -- is that satisfactory? H1.lIIS! AN 11"S RCPORIINC SL MO., INC. Ham.buq 717.216-/M21 l eli 717-W-W S PA 1.818) 211-4127 5 0 Exam./Knauer - D. Ruble 6 1 MR. STONE: Yes. 2 BY MR. KNAUER: 3 Q. Had you ever given alcoholic beverages to 4 either of your children? 5 A. Did I ever give it to them? 6 Q. Yes. 7 A. No. 8 MR. STONE: You're talking about Matthew 9 and Chad? You haven't established that he 10 doesn't have any other children. 11 BY MR. KNAUER: 12 Q. How many children do you have? 13 A. Three. 14 Q. Third one is what? 15 A. A daughter from a previous marriage. 16 Q. Older than your two sons? 17 A. A daughter from a previous marriage. 18 Q. And how old is she? 19 A. She is -- how old is she, Paula? 20 MRS. RUBLE: 37, 38. 21 A. Thank you. 22 MRS. RUBLE: You're welcome. 23 BY MR. KNAUER: 24 Q. And how long have you lived in Cumberland 25 County? 171.1115 G AfrLUCAS REPORTING SER17CE-, INC. Harrisburg 717.236-0623 Tort 717-645-6419 P-9 1.800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - D. Ruble 7 A. Approximately 25 years. Q. And was it always at the same address that was set forth in the complaint? A. No. Q. And where was it before? A. In Camp Hill. Q. And how long was it when you moved to the property where the party occurred? A. Somewhere between 23 and 25 years. Q. And are you aware that it is illegal to give alcohol to minors? A. Yes. Q. Prior to the May 24, May 25 time frame had you ever given alcohol to you r son Matthew? A. No. Q. Same question to your son Chad. A. No. Q. Had you been aware -- or when did you first become aware that someone had given them alcohol prior to May 24, May 25? MR. STONE: Object to the form of the question in that it assumes that he had such knowledge. BY MR. KNAUER: Q. Did you ever become aware prior to May 24 or 25 IILIUS 6 AfrLUC.4S REPOR7ING SLR17CF., INC. Harrisburg 777-136-0623 3brl 'I'-845-6418 PA 1.800-1334317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - D. Ruble 8 that Matthew had consumed alcoholic beverages? A. I saw both of them drink a little sip of champagne on New Year's. Q. Did you see them -.- and how many times was that? A. I don't understand. Q. Well, how many New Year's or how many times? A. When? Q. Before May 24, May 25. A. One time New Year's -- perhaps two different New Year's Eves. Q. Could you give me an estimate of the time or what year that was, those two times? A. The accident -- this accident occurred? Q. In 1997. A. I'd say New Year's of 196 and maybe New Year's of '95. Q. Did you ever permit them to bring alcohol on the property -- to your home to have a party with their friends? A. No. MR. NEALON: Just so we have the same understanding with Mr. Ruble as we had with Mrs. Ruble, when you're asking questions like this we're talking prior to May 24, May 25, r1 Ll uS G AlcLUCAS REPORTING SCRUCe, INC, Harrisburg 777-236-0623 Ynrl 717-94.5.6476 PA 7-6lHI.233-9327 Exam./Knauer - D. Ruble 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1997? 9 MR. KNAUER: Right. MR. NEALON: And any subsequent questions will have that time frame unless you change it? MR. KNAUER: Exactly. BY MR. KNAUER: Q. Do you have any rules yourself that they should not consume alcohol? A. I don't understand. Q. Prior to the incident involving this case did you ever have any rules for your sons to obey that they should not consume alcoholic beverages? A. Yes. Q. And were you aware that before May 24, May 25 that they would have consumed alcoholic beverages in addition to the sips of champagne at New Year's? A. Am I aware? Q. A. Q- A. Q- Yes. No. Did you ever become aware of that fact? I am aware now, yes. If you had come home that evening and found a keg of beer and your sons and their friends -- EILfUS&.AfeWCAS REPORTING SERUCE, INC. Hamchurq 717-236-0623 9nr4 717-945-M1S 1'.41-500-.231-4327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - D. Ruble 10 drinking it what would you have done? MR. NEALON: I'm going to object on the basis that it calls for speculation. MR. KNAUER: I can ask the question. MR. NEALON: No. MR. KNAUER: You waived your objections as to form. MR. NEALON: I've waived objections as to form? MR. KNAUER: Except as to form. MR. NEALON: That's a different statement. MR. KNAUER: You waived them except as to form. MR. NEALON: That doesn't mean I waive relevance and improper questions. MR. KNAUER: This is a discovery deposition. MR. NEALON: I think I know that. MR. KNAUER: You don't seem to. MR. STONE: It's a hypothetical question. How could he have all of the facts? MR. KNAUER: I think that he can answer the question. MR. NEALON: Well, he's not going to. He's not going to answer it. L11.1 LDS & AfcLUCAS RLPURTTMG SCRUCC, NC. - 11am.1 rarg 717-276 k.2.1 1nrA 717-845-6418 1'.A 1.600-213.1.4327 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - D. Ruble 11 MR. KNAUER: I think he has to, Jim. Okay, I think we're headed for a discovery conference. A. May I answer it? MR. NEALON: Let me talk to him for a second. (Discussion held off the record) MR. KNAUER: Can he answer the question? MR. NEALON: No. BY MR. KNAUER: Q. Do you know what you would have done if you came home and found a keg of beer and your two sons and their friends drinking on your property? A. I have no idea. Q. Have you ever been drunk yourself? A. When? Q. Prior to May 24 and May 25. A. 1961, 1965, 1975, when? Q. Any time before -- A. Probably. Q. So that were you aware of the symptoms of alcohol impairment, slurred speech? A. I'm sorry, I don't understand. Q. The question I'm asking, to your knowledge, TILIUS & AfrLUCAS REPORTING ST-RUCL, INC. 1larridrarg 717.236-%23 York 717-815.6416 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - D. Ruble 12 what are the signs of alcohol impairment? A. Slurred speech, unsteady, throwing up, falling asleep. Q. And I assume that you're aware that individuals impaired by alcohol should not operate motor vehicles? MR. STONE: I'm going to object to this continuing line. You understand that he wasn't at the gathering at his home and didn't observe anybody. MR. KNAUER: I know. What I'm trying to do, Craig, is lay a foundation. MR. STONE: For what? MR. KNAUER: See what the answer is. MR. NEALON: Let's see where this foundation is going. MR. KNAUER: Would you read the question back, please? (Previous question read by the court reporter) A. Yes. BY MR. KNAUER: Q. Do you have drivers yourself in your business? A. I'm sorry? Q. I said in your business do you have people that FILIUS & A1rLUCAS REPORTIN'C SERVICE, INC. Ila risburg 717.236.0n23 ) ark 7174454418 PA 1-90e-233.9327 1 2 A. 3 Q• 4 A. 5 Q• 6 A. 7 Q. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2-s 24 25 A Q A Q Exam./Knauer - D. Ruble 13 operate trucks for you or -- Or -- You're in, what, the trucking business? A. Q• A. Q- A. Q- Yes. Do you have employees that operate vehicles? Yes. And do you have a prohibition against them consuming alcohol prior to or during the operation of your vehicles? Yes. When did you first become aware of the accident that Mr. Hurley had? From a phone call that his mother made to me some year or so after the accident occurred. And that was the first time that you realized he had been in an accident after being at your property drinking? Yes. When you came back from Indianapolis did your sons mention that they had a party? No. Did your wife? No. Did you ever meet with or have a conversation with Mr. Burley's parents, either his father "LIDS r..n4LUCAS RCPORUNG SERME, INC. Hamburg 777-236-11623 5br6 717446-6418 PA I-SM-233-9327 1 2 3 4 5 6 7 8 A Q A Q A. 9 Q 10 A 11 Q 12 13 14 15 A i6 17 18 19 Q 20 A. 21 Q. 22 23 24 25 A Q A Exam./Knauer - D. Ruble Steve or his mother Beverly? Yes. And approximately when was that? That was a result of her phone call to me requesting that I have a meeting with them. And what did you -- did you meet with them alone? 14 Yes. And tell me what went on at that meeting. I don't understand. Well, what did you say to them, what did they say to you? Mrs. Hurley did, as I recall, did most of the speaking and she proceeded to tell me that there was a party at my house the weekend that I was away and that after the party, sometime after the party her son had an accident and was I aware of it. And your response? I was not aware of it. After you became aware of it did you ask your sons what happened? of course. And what did they tell you? They told me, yes, there was a party. IILI US G AIMICAS RCPOR77NG SERI "CE, INC. liam6buq 717-236.0623 3brA 777-945fi418 PA 1-F00-233-9327 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - D. Ruble 15 Q. And did they tell you there was alcoholic beverages at the party? A. They told me that there was a keg of beer. MR. KNAUER: No further questions. I just have one follow-up question. I was just thinking. BY MR. KNAUER: Q. Before May 24, May 25, 1997 did you have cause to believe that your wife had a problem drinking? MR. NEALON: Objection. There isn't any basis that she had a problem drinking, so how would he have cause to believe? And we're not going into that because there was no evidence that she was impaired the night of the accident. BY MR. KNAUER: Q. Do you keep alcohol at your home? A. Be more specific. Q. Do you keep beer, wine, hard liquor? A. There have been occasions when there is beer at the house, yes. There have been occasions when there's wine at the house. There have been occasions when there's liquor at the house. But do I keep it? No. nuns v.41rLUCAS RCrosn.VC SERVICE, ixc. Harmhurg 71,2364 WI YnrA 717-945-tr118 Pe 1-900-:33-972; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - D. Ruble 16 Q. Prior to May 24, May 25 had you seen your wife impaired by alcohol? MR. NEALON: Again, ever? MR. KNAUER: Prior to. MR. NEALON: The question is ever. A. There have been occasions where I've seen her drinking and that she would have been impaired, yes. BY MR. KNAUER: Q. How about betwee n 1990 and 1997? A. Between when? Q. 1990 and 1997. A. I can't give you a specific time frame. Q. How about prior to the -- again, I understand nobody sits with calendars and everything, so approximately. Had you seen her impaired by alcohol in the year before the accident of May 24, May 25? A. I don't recall. MR. KNAUER: I have no further questions. (Whereupon, the deposition concluded Zat 11:20 a.m.) - r?L'!'e r>,4rtLUCAS REPORTING SERI7CC, INC. - 1lamI,hurg 717-135{Nv3 1'arA 717-545-6418 PA I-SINI-1,77-9377 Exam./Knauer - D. Ruble 17 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) I, Susan D. Kashmere, Reporter and Notary Public in and for the Commonwealth of Pennsylvania and County of Dauphin, do hereby certify that the foregoing deposition was taken before me at the time and place hereinbefore set forth, and that it is the testimony of DUANE R. RUBLE I further certify that said witness was by me duly sworn to testify the whole and complete truth in said cause; that the testimony then given was reported by me stenographically, and subsequently transcribed under my direction and supervision; and that the foregoing is a full, true, and correct transcript of my original shorthand notes. I further certify that I am not counsel for or related to any of the parties to the foregoing cause, or employed by them or their attorneys, and am not interested in the subject matter or outcome thereof. Dated at Harrisburg, Pennsylvania, this 10th day of February, 2001. NOTARIAL SEAL Susan D. Kashmere, Notary Public City of Harrisburg, Dauphin County My Commission expims Apdi 18, 2004 My commission expires April 18, 2004. Susan D. Kashmere, RPR Reporter - Notary Public - FI LI US & McLUCA 5 RCPORTI kG SUt UCL:, INC. - 114ri01u,9 71'-236--0623 York 717-845-6418 AA 1-800-.33.931' LAWYER'S NOTES ORIGINAL STEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS PLAINITFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V NO. 99-2872 DUANE R. RUBLE AND PAULA RUBLE, DEFENDANTS JURY TRIAL DEMANDED DEPOSITION OF: STEVEN E. HURLEY TAKEN BY: DEFENDANTS BEFORE: MARIA N. O'DONNELL, RPR NOTARY PUBLIC DATE: FEBRUARY 5, 2001, 3:00 P.M. PLACE: 411-A EAST MAIN STREET MECHANICSBURG, PENNSYLVANIA APPEARANCES: KNAUER & ASSOCIATES, LSC BY: DAVID W. KNAUER, ESQUIRE FOR - PLAINTIFF NEALON & GOVER, PC BY: JAMES G. NEALON, III, ESQUIRE FOR - DEFENDANTS ALSO PRESENT: DUANE RUBLE PAULA RUBLE STEVEN HURLEY, SR. '?? 11 ghuy :'? All .iryhf? 2080 Linglestown Road / Suite 103 • Harrisburg, PA 17110 717.540.0120 6 fax 717.540.0211 / Lancaster 717.393.5101 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NAME STEVEN E. HURLEY BY: MR. NEALON WITNESSES EXAMINATION 3 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, certification and filing are hereby waived; and that all objections except as to the form of the question are reserved to the time of trial. STEVEN E. HURLEY, called as a witness, being duly sworn, testified as follows: EXAMINATION BY MR. NEALON: Q Sir, could you state your full name? A Steven Edward Hurley, Jr. Q Mr. Hurley, my name is Jim Neal.on. I represent Mr. and Mrs. Ruble in the lawsuit that you filed against them. The purpose of having you come here today is to take your deposition. Have you ever done anything like this before? A Just sat in on their deposition before. Q Never been questioned? A No. Q I am sure Mr. Knauer has told you what to expect, but so that we avoid any confusion, I am going to give you some instructions that I would ask that you follow. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Okay. Q First of all, you can we see have a court reporter present. For that reason, it is important that all of your answers be verbal; in other words, if you mean yes, say yes as opposed to nodding your head which we might do in a normal conversation. A Okay. Q Secondly, I am going to do my best to phrase my questions so that you can understand them, but if you do not understand a question, would you please let me know? A Yes. Q I am also going to do my best to keep my voice up, but if for any reason you do not understand the question, would you please let me know? A Yes. Q All we want you to do today is answer questions to the best of your recollection. You do not need to guess or to speculate, but if you do answer a question, I am going to assume that you heard it, understood it and answered it to best of your recollection. Is that all right with you? A Yes. Q You are represented by counsel today. If you want to speak to him, let me know and we can make arrangements for that. A Okay. N 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q This won't take too long, but if you want to take a break fo r any reason, let me know and we can accommodate that also. All right? A All right. Q Are you on any medications today? A No. Q Is there any reason why you could not give this deposition today such as your health medication or any reason wha tsoever? A No. Q Okay. What is your current address? A 2923 Nixon Drive, Mechanicsburg. Q How long have you lived there? A Twenty-two years. Q Is that your parents' house? A Yes. Q What is your date of birth? A 4-7-79. Q How about your social security number? A 186-68-7268. Q I saw in some of the medical records that at times you may have had your own apartment and lived there, is that tr ue? A Yes. Q When do you recall living on your own, from what 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 period of time? A From about November to March. Q Of what year? A '99. Q So from November of 1998 to March of '99 or -- A November of '98 to March of 199. Q Where did you live at that point? A Mechanicsburg. Q Did you have any roommates? A I had one roommate. Q What was his name? A Jeff. Q Jeff what? A Bulo. Q How do you spell that? A B-u-1-o. Q Where did you live? Where was your apartment? A 301-A North Market Street. Q Any other places that you have lived? A No. 4 Other than that, have you lived at your parents' home? A Yes. Q Okay. Did you graduate high school? A Yes, I did. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q From where? A Cumberland Valley. Q What year was that? A 1998. Q General program, or did you have anything -- A It was on a work release program. Q Was your graduation from high school delayed in any way as a result of the injuries sustained in the accident? A No. Q I mean you would have still graduated? A I went through my ceremony, but I didn't actually get my dip loma until the end of the summer. Q Why is that? A Because I had to make up some courses that I had missed bec ause of being out of school. Q Out of school for what reason? A For my back and being in the hospital. Q The accident happened in 1997? A Yes. Q Did you miss any courses that year, or was it the following year? A It was the following year. Q Why was it that you missed them in the following year? 8 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 A Kidney surgery. Q That was in the spring I believe of 1998? A Yes. I was out of school for close to a month. Q So you essentially took some summer courses? A Yes. Q Then you graduated? A Yes. Q You mentioned that you were on a work release program? A Yes. Q What did that arise out of? What -- why were you in the work release? A That's just the program that I had went to, like you can go through a Vo-tech program or you can go stay in school all day. I just went -- Q It wasn't a criminal work release that I think of? A No, no, no. Q That was the context that I thought that you meant. All right. A No. Q What work did you do on the work release? A Worked for my father at Hurley's Home Improvements. Q Any education after graduating high school.? 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I went to Honda BMW school in New Jersey. It was like a three-week program. Q Was that for auto mechanic? A Motorcycles. Q Mechanic? A Uh-huh. Q Any other education? A No. Q Have you ever been involved in any other motor vehicle accidents? A No. Q Have you ever been a party to any other lawsuits? A No. Q Have you ever made any other claims for personal injuries? A No. Q Okay. Have you ever been convicted of a crime? A Yes. Q When was the first time? A Fall of '98. Q What were you charged with? A Unauthorized use of a motorcycle motor vehicle. Q What were the circumstances surrounding that? A It was --a friend lent me his three wheeler and his mom reported it stolen. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What was the friend's name? A David Rodrock. Q R-o-d-r-o-c-k? A Yes. Q Were you -- it's an off road ATV? A Yes. Q Were you driving it at some point? Had you used it? A Yes. Q What were you sentenced to for that? A Two years of IPP in Adams County. Q For us civil lawyers, IPP, intermediate -- A Punishment program. Q Essentially probation? A Yes. Q Have you successfully completed that? A No. Q Why not? A I am still in the -- Q I thought you said it was the fall of 198. Was it later when you actually gotten sentenced? A Yes, I didn't get sentenced until March of 199. Q So it's about to be up? It's about to be over? A Yes, yes. Q Has your probation ever been revoked or have they 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tried to revoke it? A Yes. Q Has it been revoked? A Yes. Q And when was that? A It's about a month ago. Well, they actually revoked it, but they put me back on probation. Q Were you incarcerated as a result of the revocation? A Yes. Q For how long? A Four days. Q And why was it revoked? A Because of violations. Q What were the violations? A Well, there was a couple of them. It was not calling, missed appointments, and dirty urines. Q What was your urine positive for? A Marijuana. Q Did they extend you probation at all after revoking it, or is it still going to be a two-year probation? A Two, still two-year probation. Q Have you been convicted of any other crimes? A No. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Are you currently employed? A Yes. Q Where at? A Hurley's Home Improvement. Q How long have your worked for your dad? A Since I was about sixteen through the work release program; then when I graduated, full time. Q So since the summer of 1998, you have been working for him full time? A Yes. Q Describe for me -- I have a general idea that you do home remodeling? A Yes. Q But can you describe for me the nature of it? Is it interior, exterior, what is it? A Mostly both. Like we do like windows, trim work, some drywall work. Q Do you do additions? A Yes. Q Besides you, does your dad have any other employees? A No. Q What is your rate of pay? A $10 an hour. Q You work there full time now? 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Okay. Were you working for him at the time of this accident? A Yes. Q Was it part time because of school, or was it full time? A It was part time, but I was -- like I was getting work relea se, so I was getting out of school at like 10:15. Q Po you know how much a week you worked at that time, the time of the accident? A Let's see. Between twenty and thirty. Q What was your rate of pay then? A It was like nine dollars then. Q How long was it that you were off work as a result of this accident? A A total like with being off for the kidney surgery? Q Let's first start before the kidney surgery. The accident h appened in May of 1997. When did you start working fo r them again? A I would say probably about two months after that. Q July? A Yes. Q Is that -- A About the middle of the summer I would say. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Now, when you went back in the middle of July, since it was the summer, did you work full time? A Yes. Q Is that how you normally did it, part time school year, full time summers? A Full time summer, yes. Q Full time over breaks or whatever? A Yeah. Q Now, in the summer then of 1997 after this accident you are saying that you went back full time in the middle of July, is that right? A Yeah. Q School starts back up. Do you go back to part time? A Yeah. Q Then you said that you had the kidney surgery in the spring of 1998? A Yes, I think it was actually February. Q How much time did you miss then? A About a month. Q After that, we're still during the school year, so you go back part time? A Yes. Q And then the summer of 1998 you graduate, you start full time? RM 15. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 A Yes. Q Let's talk about since the summer of 1998 when you graduated high school, have you had any problems doing your job? A No. Q Physically, are you able to do it? A I am able to do it. I mean I have a lot of pain. Q Where at? A In my back. Q Low back? A Yes. Q But I think what you are saying is even though you have pain, you are able to do the job? A Yes, I -- I mean there is some stuff that I don't do like my dad won't let me do. Q Like what? A Just like lifting like heavy stuff like moving in -- like carrying sheets of drywall up steps or stuff like that. Q Have you made any claims to your own insurance company for reimbursement of the wage loss? A What insurance company? Q You had your own insurance at that time with -- or at the time, is that right, or your parents did? A Yes. Yes. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you make a claim to them for the time that, you missed from work after the accident? MR. HURLEY: I don't think. I am not sure. MR. NEALON: Do you know if they had wage loss coverage? MR. KNAUER: I don't know the answer to that, Jim. We will be happy to supply it though. MR. NEALON: Can you get me a copy of your dec sheet? I don't think you sent me one. MR. KNAUER: One second too. Just to facilitate the deposition when you asked about dates and times, he gives you approximate answers as far as whether it's 2:00 on January 1 or 3:00 on January 3. We would always defer to the record on that type of question. BY MR. NEALON: Q Okay. Have you received any combination to the best of your knowledge for your wage loss following the accident? A No. Q Okay. I mentioned to you that I understand that you had insurance through Erie. Have they paid all of your medical bills related to the accident? A No. Q What haven't they paid? A Everything. I 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Maybe my question was poorly phrased. Are you aware of any unpaid medical bills? A Yes. MR. HURLEY: He had -- he only had $5,000 worth of coverage I think it was on the auto for medical. BY MR. NEALON: Q All right. Are you aware of what unpaid medical bills there are? A I know there is unpaid. I am not really sure what the figure is. MR. NEALON: Can you get us that also, Dave? MR. KNAUER: Uh-huh. BY MR. NEALON: Q I want to turn to the incident. The police report says it happened May 25, 1997, is that right? A Yes. Q Okay. Then I guess you were at the Rubles the day before? A 24th. Q Were you friends with one of the Rubles? A Matthew. Q How long had you been friends? A For -- let's see, two, three years. Q Were you both in the same grade? A No, he was in the grade below me. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q At the time of this incident, what grade were you in? A Eleventh. Q Had you ever been to the Rubles' house before May 24th, 1997? A Yes. Q How often? A Pretty often. Q How often is pretty often, once a week, once a month? A I would say maybe once, twice a week. Q Prior to this accident, had you ever been to the Rubles house and consumed alcohol there? A Yes. Q How often would that happen? A Once before that. Q Just one time? A Yes. Q When was that, approximately? A Probably say the summer between sophomore and junior year. Q So if I understand right, that would be about the summer of 1996? A Yeah. Q Because if you were in your junior year in the 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 spring of 1997, you would have started fall of '96? A Yes. Q So we're talking the summer of 1996? A Yes. Q Let's talk about that incident then. Can you place it any better as far as when in the summer? A I don't know. The pool was open. Q Do you know if you were still in school or were you out of school? A I believe we were out of school. Q So that would place it later than mid June at least, right? A Yes. Q Who else was at that event? A It was just me, Matthew, Rob Jenson and Susan Rigley. Q Anybody else that you recall? A I think -- I am not -- yes, that's all that I can remember. Q Okay. Who provided the alcohol at that event? A I am not really sure. Q You don't remember at this point? A No, I don't remember. Q While you were there that time in the summer of 1996, did you ever see Mr. or Mrs. Ruble? 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2.1 22 23 24 25 A The night that I was there? Q In 1996. I am still talking about the 196 incident. Okay? A No. Q Do you know where they were? A I think they were out to eat. Q So to the best of your knowledge, did they even know about this incident? A No. Q And that incident, they didn't provide you any alcohol, did they? A No. Q Now, other than the summer of 1996, had you ever been to the Ruble house before May of 1997 and consumed alcohol? A No. Q Are you aware of any other incidents at the Ruble house where either the Ruble children or your friends had alcohol other than the '96 incident and the May of 1997? A No. Q Mr. Hurley, I am going to show you a copy of the complaint that you filed to commence this lawsuit. MR. KNAUER: What paragraph, Jim? BY MR. NEALON: Q I am specifically at paragraph twelve. It says 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the defendants provided and/or permitted to be provided alcohol to minors on a frequent, continuing and on going basis prior to the plaintiff's collision and resultant injuries. What facts are you aware of to support that allegation? A The night of the accident. Q Okay. I understand the night of the accident. But what I am talking about is before May of 1997, are you aware of any instances that the Rubles were aware of in which minors consumed alcohol at their property? A No. Q You were present for the depositions earlier in this case? A Yes. Q Is that right? A Yes. Q You heard the testimony of Matt and Chad, did you not? A Yes. Q You heard them testify that to the best of their knowledge their parents never knew that prior to this accident alcohol had been consumed at the property. Do you remember that testimony? A Yes. 22 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q Do you have any reason or any -- are you aware of any facts that are -- that is contrary to those statements.) A I knew Paula knew about alcohol being there. Q On the May of 197? A Yes. Q No, no, I am talking about before the May of 1997 incident. Okay. Do you have any facts that you are aware of that Mr. and Mrs. Ruble knew that alcohol had been drank at their property prior to May of 1997? A No. Q Prior to May of 1997, how often would you estimate that you consumed alcoholic beverages? A I would say twice a week. Q Was that with Matt ever? A Yes. Q How often with Matt? A Maybe once every couple weeks. Q To the best of your knowledge, did Mr. or Mrs. Ruble know that you and Matt may have been consuming alcohol prior to this accident? A I don't know about Matthew, but I knew that Paula knew about Chad. Q Okay. I understand perhaps Chad, I am talking about you. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. Q How about regarding Matthew? A I really can't say. Q I mean did Matt ever say, hey, I got in trouble last night or anything like that that kids might talk about? A No. Q Now, you said about Chad. What leads you to believe that the Rubles knew that Chad had consumed alcohol prior to this accident? A Just because that -- I mean we had talked to her before about the parties that we had been to. Q Talked to who? A Paula. Q When did you talk to her about these other parties? A On -- I don't know during the weeks like when just over time being there just hanging out. I -- I am not going to give you a specific date because I don't know specific dates that we sat down. Q Was there ever any concern expressed? A No. Q Okay. I thought that you said that you didn't -- you weren't aware that the Rubles may have known that Matt had been drinking prior to this accident, is that right? MR. KNAUER: Okay, Jim. I think maybe the best 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 way to ask him -- the court reporter can read back the question. BY MR. NEALON: Q Let me ask it this way because it may take awhile to find. Do you recall a few moments ago you told me about you and Matt had gone to some parties prior to this accident, is that right? A Yes. Q I asked you whether Matt had ever said something to you like I got in trouble the night before or anything that led you to believe the Rubles were aware that Matt had been drinking prior to the accident? A But Matt didn't go to the parties with me. He was coming with his brother. Q With Chad? A Yes. Q Okay. That's what I am trying to figure out. So where were the parties? A Mostly over at Berkheimers. Q How often do you think that you discussed with Mrs. Ruble these parties? A I'd say maybe like one or two parties a month or something like that, you know. I mean it wasn't like something that we actually sat down and talked about every 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 weekend. Q Okay. Now, you said that you were over at the Rubles house one to two times a week, is that right, before this accident? A Yes, yes. Q And only on one occasion had you ever drank alcohol there, is that right? A Two occasions. Q Well, before May of 1997? A Yes. Q On the other occasions that you were over there, you didn't have any alcohol? A No. Q The night of May 24th, 1997, are you aware of any facts that Mrs. Ruble was aware that alcohol might be at -- present? A She came in and walked passed the keg. Q Z understand that. As she goes out that night, you are not aware of any evidence or facts that Mrs. Ruble knew there was going to be a keg brought to the house, are you? A No. Q Let's talk a little bit then about the party on May 24th. How did you hear about it? A Matthew. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What did he tell you? A He just said his dad was going to Indianapolis and they were getting a keg. Q Did he tell you who was getting the keg? A No. Q Do you know who got the keg? A No. Q Did he tell you what time to come by? A No, just -- not really. Q Do you know what time you got there? A About 9:30, 10:00 o'clock. Q Prior to that time, had you had anything alcoholic to drink? A No. Q When you get there -- first of all, how did you get there? Did you drive your car? A Yes. Q How long had you had that car? A Since I was fifteen. Q You didn't have any alcohol in the car? A No. Q Did you take any illegal drugs the day of the accident? A No. No. Q When you get there, who is all present? 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That I knew? Q Yes. A Josh Tothe, Mike Meltzer, Craig Berkheimer and Tara Heckert, then Chad and Matthew. Q Did you say Karen Heckert? A Tara Heckert. Q Were there other kids that you didn't know? A Yes. Q About how many other kids that you didn't know? A About six, seven. Q So there was ten to twelve people there? A Yes. Q Is that about right? A Yes. Q Okay. When you get there, do you see Mrs. Ruble? A No. Q Okay. Where is the keg being kept? A In the middle of the sidewalk. Q In the back yard? A Yes. Q What time did you leave the Rubles, first of all? A About two, 2:30. Q Between the time that you get there at 9:30, 10:00 until the time that you left about two, 2:30, how much do you thin k you drank? 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I don't even know. A good bit. Q Can you estimate at all? A I would say like ten to twelve beers. Q Were these glasses? A Yes. Cups, like plastic twelve ounce cups. Q That I was going to ask you next. Twelve ounce cups? A Yes. (Brief recess.) BY MR. NEAILON: Q I may have asked you this, but to this date, did you -- have you learned who provided the keg that night? A No. Q You still don't know? A No. Q Still don't know? A No. Q Were there any drinking games being played? A Beer pong. Q Anything else? A No. Q Did you play beer pong? A Yes. Q The cups that you try to bounc e the ball into, they are not filled completely with beer, are they? 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 7.3 24 25 A About half. Q Was any -- did you have anything to eat while you were at the party? A No. Q What did you have to eat before you went there, if you recall? A I don't even remember. Q Do you have a full dinner though? A I don't think. Q Now, you said at some point Mrs. Ruble walked by the keg. You recall that? A Yes. Q Do you know what time she came by? A About eleven, 11:30. Q Did she come out back? A Yes. Q Did you talk to her? A Yes. Q What did you talk about? A Just said hi, normal conversation, asked me how I was doing. Q At that point, what was your plan as far as staying or leaving or what were you going to do? A I really didn't have a plan. Q Do you have any thoughts of staying overnight 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there? A Yes. Q Was that the basic plan, to stay the night? A Yes. Yes. Q Now, did Mrs. Ruble ask if people were staying the night? A No, not to my knowledge. Q Okay. She didn't ask you directly, is that what you are saying? A Yes. Q Do you know if she talked to Matt or Chad about it? A I don't know. Q You don't know either way? A No. Q You heard they testify at their deposition that Mrs. Ruble asked them, you know, who was driving, who was staying. Do you have any reason to disbelieve that testimony? A NO. Q When you were talking to her by that point in time, can you estimate how much that you had to drink? A Six, seven beers. Q How were you feeling at that point? A Pretty lit. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So by the time that Mrs. Ruble finds out that you had consumed alcohol, you felt that you were already intoxicated? A Yes. Q Prior to that time, she had not furnished any alcohol, she didn't give you any beer? A No. Q To the best of your knowledge, she didn't provide the keg, did she? A I am not sure. Q You have no reason to believe that she got the keg, do you? A It was at their house. Q Are you aware of any facts other than that that she provided the keg? A No. Q And Mr. Ruble was in Indianapolis, is that right? A Yes. Q He had no knowledge that you were consuming alcohol, did he? A No. Q You are not aware of any facts that he knows that you had consumed alcohol prior to that? A No. Q How long did you speak to Mrs. Ruble? 32 1 2 3 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I was -- I didn't just talk to her once, it was like -- I mean we were associating with her for awhile till she went to bed. Q Okay. How long was she socializing, for lack of a better term? A For about an hour. Q Did she consume any beer during that time? A Yes. Q How many did you see her consume? A She just had played beer pong with us for a little bit. Q Did she was she -- strike that. As you are playing beer pong, you might have a beer in your hand drinking? A Why. Q Was she doing that or just playing the pong? A Just playing. Q Other than any beer she may have drank during beer pong, she didn't consume any alcohol in your presence? A No. Q At any time during that hour, did she ask if you were staying? A No. Q Did anyone ask if you were staying? A No. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q About what time did you leave? A About 2, 2:30. Q What made you decide to leave at that hour? A The keg was kicked. Q Were you going to go some place else to drink? A No. Q Was there a reason that you didn't just stay the night? A Chad didn't want anybody staying because his dad was coming home the next day. Q Other people were staying, weren't there? A Not that I -- Mike Meltzer and Josh Tothe stayed. Q Do you remember an incident as you were leaving that you backed into a truck? A Yes. Q Tell me about that. About what time did that -- about what time did that happen? A Right as I was leaving. Q Was your car in the driveway or was it in street? A It was parked right up against the barn. Q Where was the pick-up truck? A It was behind me and it was Craig Berkheimers. He backed down to the side and when I backed down, I backed down into his truck. Q Craig was leaving at the same time? 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, he was just moving his truck. Q So you could get out? A Yes. Q Did you have any discussions with anybody after you hit the pick-up truck? A No. Q Do you recall if anybody asked you to stay? A No. Q How were you feeling at that point? A Intoxicated drunk. Q Any different from how you were feeling when you saw Mrs. Ruble at 11, 11:30? A No, not really. Q I think that you said that by 11:00, 11:30 when you saw Mrs. Ruble you were already intoxicated? A Yes. Q Now, when you say that you don't remember anybody asking you to stay, could the alcohol have effected your memory? A No, because I remember Craig and them laughing about it. Q What do you mean laughing about it, laughing -- A Like it was funny, like -- Q That you hit the truck? A Yes. 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you remember the accident itself? A Parts of it. Q Tell me what you do remember. A I just remember waking up and seeing the stop sign and trying to cut the wheel like to try and make the turn. I slammed the brakes on. Then the car slid sideways. Then I don't remember anything from there to waking up and getting back in my car and driving home. But I don't even remember the drive home, I just remember pulling into the driveway. Q How far is the accident site from the Rubles? A It was the end of Boiling Springs Road, so I don't know, I am not really good with distances. Q Was it within a couple of miles? A Yes. MR. HURLEY: Two miles I would say. BY MR. NEALON: Q How far is your house from the accident scene? A About a mile. Q How badly damaged was your car? A Pretty bad. Q Still drivable though? A Oh, yes. Well, the only thing that made it not drivable was the -- I mean it was still drivable, but there was no front tire on the front wheel. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And you drove it like that from the scene back to your house? A Yes. Q You said as you are coming down Boiling Springs Road, I think that you said that you remember waking.up, seeing a stop sign. Do you believe that you passed out at some -- then at some point? A Or fell asleep at the wheel, blacked out, yes. I don't think I was falling asleep. I think it was a black out definitely. Q Do you remember anything else about the accident itself? A No. Q And then you said that you remember waking up in your front yard or whatever? A No. I remember pulling in the driveway and I crawled out of the car and my sister -- I fell in the driveway. And my sister and my dad came out and got me, and took me in the house. Q Did the police eventually come? A Jim Sadler, our neighbor, had come down. Q Is he a policeman? A Yes. Silver Springs. Q Okay. About what time was that that he came 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 down? A I don't know. Q Was it a short time after? A Oh, yes. I mean he was there within a couple minutes because he saw me driving passed his house. He heard the noise. I guess he looked out and saw me driving passed his house. He got his clothes on and came down. Q Then I take it an ambulance came? A Yes. Q You were taker. to Hershey? A Yes. Q I am not asking you for a medical opinion, but what is your understanding as to your injuries? A Broken back, broken ribs, laceration of kidney, minor scrapes and bruises. Q Do you recall how long that you were in Hershey? A About a week. Q Discharged to home then? A Yes. Q Then I think that you said about two months after the accident, you went back to work? A Yes. Q How were you feeling at that point physically? A I was still in some pain. I mean I was still 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 taking like Tylenol and Ibuprofen. Q Did the problem with the broken ribs eventually resolved? A Yes. Q About how long did that take? A I would say probably about a month. Q And you said that you had assorted bumps and bruises. Did they resolve themselves too? A Yes. Q The same timeframe? A Yes. Q Now, since that point in time, we will talk about your kidney problem separately, but since that point in time, have the physical problems been primarily your low back? A Yes. Q The records that I have indicate that you -- the last treatment for your low back appears to be with the chiropractor in November of 1998. Does that sound about right? A I am still seeing a chiropractor. Q Which one? A Dr. Turnbaugh. Q How often do you see him? A Twice a week. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Q How long have you been seeing him twice a week? A For probably about a year now. Q We subpoenaed his records. This is what he gave us. It says that you last we nt there November 198. That's not accurate? A No, it's not going to be - - he adjusts me for free. Q He doesn't keep a record of -- A No. Q Why does he not do -- A Just because I don't have health insurance right now. Q Had you ever been to a chiropractor before this accident? A No. Q Had you gone to any other chiropractors besides Dr. Turnbaugh? A The Hetrick Center, but Dr. Turnbaugh was working there at the time. Q Okay. Let's talk about your kidney problems. You say it was your understanding at that time that you had a lacerated kidney, is that right? A Yes. Q For a period of time, did you have any kidney problems as a result of this accident until the spring of 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1998? A No. I mean I -- just like small pains and stuff like that. But nothing until -- yes, it was probably about November when I went into the hospital and they did tests and found that it was blocked. Q Have you discussed with any doctors whether that's relates to the accident? A Dr. Duggan. Q When did you discuss with Dr. Duggan whether the kidney problems were related to the accident? A When I had went through all of the testing. Q What did he tell you? A Yes. Q You had the surgery and -- in you think February of 1998? A Yes. Q You missed another month of work or so? A Yes. Q since that point in time, how have your kidneys been? A I still have some pain. Q How often do you have pain in your kidneys? A Just recently it's been bothering me. Q Have you gotten back to any doctors? 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. Q Prior to that, had there been a period of time where you didn't really have any problems with your kidneys? A Yes. Q How long would that be? A Say probably about a year. Q Now, regarding your low back, is that a constant problem? A Yes. Q 24 hours a day, seven days a week? A Yes. Yes. Q Have you gone to any doctor since November of 1998 other than the chiropractor? A No. I went to -- well, I went to the emergency room about three, four weeks ago. Q Which emergency room? A Holy Spirit to have x-rays done for Dr. Turnbaugh. Q I saw a reference that you were actually at the emergency room in September of 1997, you had to go back because you had some rib pain following wrestling. Do you recall that? A Yes. I don't really remember though. I mean I remember now that you say something, but it's -- I don't think it really amounted to anything. 42 1 2 3 4 5 6 7 8 9 10 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you know the context of the wrestling, were you just horsing around with some friends? A Yes. Q Or did you wrestle in high school? A No, I was horsing around with some friends. Q When you went back to school in the fall of 1998, did you take gym class? A No. Q Did you ever start back with gym class? A I think after a period of time I did. Q Do you know approximately when you would have started with gym class? A I am not really sure. Q Was it unrestricted activities in gym class? A What do you mean? Q Well, did the doctor say hey, you can do it, but I don't want you jumping off tall buildings or -- do you know what I mean? A Yes. Yes. Q Were there any restrictions? A Yes. Q What were they? A Just like wrestling, stuff like that. Q Did you play any sports in high school? A I wrestled for a small amount of time when I was 43 1 2 3 4 5 6 7 8 9 20 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in middle school. Q How about once you got into high school? A No. Q Did you ever run track or anything like that? A In middle school. Q How about in gym class? A What time period are you talking about? Q In 1998. A In '98, no. Q Now, you mentioned that you had the problem with the ATV. Was that something that you did, rode an ATV? A Yes. Q How long have you been doing that? A What do you mean, riding the ATV? Q Yes. A For a couple days. Q Have you done that over the years though? A Oh, yes. Q Do you own an ATV? A No. Q Do you own a motorcycle? A Yes. Q Off road motorcycle? A Yes. Q How long have you had an off road motorcycle? 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I would say since probably about winter, ejarly winter of '98. Q So you actually bought one after this accident? A Yes. Q Had you owned one before that? A Yes. Q How long have you been driving motorcycles? A Ever since I was a little kid, seven, eight years old. Q Sounds like you drive off road more than on road? A Yes, I guess you could say that. Q How long was it after the accident before you could go back to riding a motorcycle? A A good while. Q Early -- by the fall of 1998, you were riding a motorcycle? A Yes, I would say winter of '98. Q Because the only reason that I said that is you said that you bought one during that period of time? A Yes, the winter of 198. Q Since that point in time, have you been riding the motorcycle? A Yes. Q on the a regular basis? A No, not really. 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How often do you ride the motorcycle? A During the summer, maybe once every couple weeks. Q Is this street and off road, or is it just off road? A Just off road. Q Prior to this accident, what other things did you do for recreation? A Work on cars. Q Anything else? A No, ride motorcycle. Q Were you able to get back to working on cars after this accident? A Yes. Q About how long did that take? A I would say -- let's see, it was probably summer of '98. Q A year after the accident? A Yes. Q Since that point in time a year after the accident, have there been any restrictions on your recreational activities? A No. Q You are pretty much able to do what you want to do recreation-wise? A Yes. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Since that period of time since work, is it the hard heavy stuff you are avoiding doing? A Yes. Q Other than that, are able to do your job? A Yes. Q After the accident, did you con tinue to be friends with Matt Ruble? A Yes. Q Are yo u still friends? A No. Q When w as the last time that you were on a friendly basis? A It's p robably been a year. Q About the time this lawsuit was filed? A It was actually probably before that, a little bit before that. Q After the accident, did you con tinue to go over to the Rubles hou se? A For a little while. Q About how long? A Maybe for six months after the accident, seven months. Q Why did you stop going over? A Well, because of all of this. Q Okay. During that six-month period of time, how 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 often do you think that you went over, still once or twice a week? A Yes. Q Did you parents ever tell you that you couldn't go over? A No. Q Did you ever think it was an unsafe place to be? A No. Q Had you borrowed Mr. Rubles Corvette with one of the kids to go to Carlisle? A Yes. Q When was that? A Fall Corvette show 2 think in '97. Q Fall of '97? MR. KNAUER: Would you please clarify? You said one of the kids. Who? BY MR. NEALON: Q I will. Which one did you go -- A Matthew. Q Had you ever consumed alcohol at the Rubles after May of 1997? A No. Q Now, you mentioned that one or two times a week that you would have something to drink prior to this accident, is that right? 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q okay, Had you ever gotten any counseling for drug or alcohol problems prior to this accident? A No. Q Was this something that happened most weekends? A Yes. Q Most Friday nights? A Yes. Q How about most Saturdays nights? A Yes. Q Where would you get beer? Was that your alcoholic choice at the time, beer? A Yes. Q Where would you get beer? A Just going to parties. Q Was there a place that parties were held regularly? A Most of the time it was at Berkheimers farm. Q Had you ever bought alcohol prior to the accident? A Have I ever bought -- Q Before May of '97, were you ever able to buy -- A No. Q There wasn't any place that you could get served? A No. 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you have any older friends that would buy it for you if you asked them? A Yes. Q How often would you do that? A Oh, every once in a great while. Q It was primarily going to parties that you drank? A Yes. Q Did your parents know that you had been drinking? A No. Q You tried to keep it quiet from them? A Yep. Q To the best of your knowledge, did they ever learn that you had been drinking prior to this accident? Before the accident now I am talking about. A No. Q Now, you had some criminal charges a result of the accident, is that right? A Yes. Q Do you recall what you were charged with? A DUI. Q Anything else, like leaving the scene? A I don't think, no, it was just a DUI. MR. KNAUER: We defer to the record, whatever it is. BY MR. NEALON: 50 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you have an attorney? A Yes. Q who was that attorney, Mr. Knauer? A Yes. MR. KNAUER: Mr. Swartz handled it from our office. BY MR. NEALON: Q As I understand it, those charges were eventually dismissed? A Yes, I went through the ARD program. Q Were there any court proceedings as part of that? A What do you mean? Q Was there a preliminary hearing, for instance, before a district justice? A I don't think, not to my recollection. Q Do you recall any time where testimony was taken, anything like that? MR. KNAUER: Maybe I can help, Jim. Was there a court reporter there like we have here today? THE WITNESS: No. BY MR. NEALON: Q Okay. So you actually went through the ARD program? A Yes. Q Do you know if you initially pled not guilty? 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, I didn't. Q You don't know either way? A I pled guilty. Q Right away? A Yes. MR. NEALON: Could we get copies of any documents from the criminal proceedings? MR. KNAUER: If it not privileged, Jim, yes. Because we assert attorney work products or attorney-client privilege, but we will go through the file and see what we have that is discoverable. BY MR. NEALON: Q Part of the ARD, do you recall any requirements that were imposed upon you? A I had to -- loss of license for six months. Q Were you required to attend any drug and alcohol -- A Yes. Q Where were they held? A The ones that they held were at Trinity High School for ARD program. Q Do you know who ran it? A I am not really sure. Q Any fines? A Yes. 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What were the fines, if you know? A I am not really sure. Q Anything else part of your ARD that you recall? A No. M.R. NEALON: Give us a moment. (Brief recess.) BY MR. NEALON: Q Okay. Had you ever hosted any parties at your house where alcohol was consumed? A No. Q Had you ever hosted any parties at an uncle's cabin where alcohol was consumed? A No, my uncle doesn't have a cabin. Q Any place like that where you may have hosted a party, a cabin or anything like that? A No. Q Had you -- I asked you if you ever purchased alcohol. Had you ever gone into any bars before you were twenty-one and drank alcohol? A Yes. Q How about prior to this accident, had you done that? A No. Q Did you ever have a fake I.D.? A Yes. 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 7.0 21 22 23 24 25 Q When did you that have? A Probably about three months before I turned twenty-one. Q Prior to that time, had you ever had a fake I.D.? A No. Q Prior to this accident, had you ever been in a bar and drank alcohol? A No. MR. NEALON: That's all I have then. BY MR. KNAUER: Q I have a couple questions. Had either of the Ruble boys used marijuana with you or do you know whether they used it? A No, not that I know of. MR. KNAUER: Okay. No further questions. (Whereupon, the deposition was concluded at 4:00 A.M.) 54 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COUNTY OF DAUPHIN SS COMMONWEALTH OF PENNSYLVANIA : I, Maria N. O'Donnell, a Notary Public, authorized to administer oaths within and for the Commonwealth of Pennsylvania, do hereby certify that the foregoing is the testimony of STEVEN E. HURLEY. I further certify that before the taking of said deposition, the witness was duly sworn; that the questions and answers were taken down stenographically by the said Reporter-Notary Public, and afterwards reduced to typewriting under the direction of the said Reporter. I further certify the said deposition was taken at the time and place specified in the caption sheet hereof. I further certify that I am not a relative or employee or attorney or counsel to any of the parties, or a relative or employee of such attorney or counsel, or financially interested directly or indirectly in this action. I further certify the said deposition constitutes a true record of the testimony given by the said witness. IN WITNESS WHEREOF, I have hereunto set my hand this 5TH day of MARCH, ?TARIAL SFAI ouW? \Jl a 1J ??`\\? v? •, b O'DoorreNfn?ty, , Maria N. O'Donnell, RPR Notary Public STEVEN E. HURLEY, Plaintiff VS. DUANE R. RUBLE and PAULA RUBLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-2872 Civil Action - Law JURY TRIAL DEMANDED Deposition of: PAULA RUBLE Taken By Plaintiff Date December 29,2000; 10:30 a.m, Place Mette, Evans & Woodside 3401 North Front Street Harrisburg, Pennsylvania Before Susan D. Kashmere, RPR Reporter - Notary Public APPEARANCES: DAVID W. KNAUER, ESQ. For - Plaintiff NEALON & GOVER By: JAMES G. NEALON, III, ESQ. -and- METTE, EVANS & WOODSIDE By: CRAIG A. STONE, ESQ. For - Defendants ALSO PRESENT: DUANE R. RUBLE STEVEN E. HURLEY -TII U15 t. MfLUCAS REPORTING SL'Rl7CL-, INC. - IIAM ,urg 717-1164b211bd 717.845fi11A P.11-600-233-9127 Hamsll-,e 717.2364!23 1'mmk 717-9054416 PA 1-SM-233-9327 3 1 STIPULATION 2 It is hereby stipulated by and between 3 counsel for the respective parties that 4 sealing, filing and certification are hereby 5 waived; and that all objections, except as to 6 the form of the question, are reserved to the 7 time of trial. 8 PAULA RUBLE, called as a witness, being 9 duly sworn, testified as follows: 10 EXAMINATION 11 BY MR. KNAUER: 12 Q. Mrs. Ruble, I'm Attorney David Knauer. I've 13 already been questioning your sons before, so 14 you know who I am. 15 We're going to be asking you some 16 questions. If you answer the question I will 17 assume that you both heard it and understood 18 it. Is that satisfactory? 19 A. Yes. 20 Q. And please make all your responses verbal 21 because the court reporter is going to be 22 taking down a written record. And if you need 23 time to speak with either Mr. Stone or Mr. 24 Nealon, please let me know and we'll be happy 25 to break for that. -TILIUS 611lrLUCAS REPORTING SERI7CE, INC. Harnsbarg 717436-obn 1'nri 717-845-fold PA I-SW233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q• A. Q- A. Q- A. Q- A Q A Q A Q A. Q A. Q• A. Exam./Knauer - P. Ruble What is your name, please? Paula Ruble. And when were you born? I have to give my age? 10/25/48. And Mr. Ruble is your husband? Yes. And Matthew and Chad are your sons? Yes. Were you familiar with Mr. Hurley before the evening? Pardon? Were you familiar with Mr. Hurley before the evening of -- Yes. And on May 24, May 25, 1997 both of your sons were under 21 years of age? Right. Were you aware that there would be a party at your home on that evening? No. How did you become aware? When I walked in. And approximately what time did you come in? It was probably 9:30, 10 o'clock, somewhere around there. gLIUS & AW-UCAS RLPORTING SERI 7CE, INC. Hum NN wx 7)7-23h.(M23 I ...& 7I 7435441S PA I-S(M-2334327 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 5 Q. And would you tell me what the scene was when you came in? A. Very sociable. There were kids all over the porch. Some had sodas. Some had water. Some were I guess drinking the beer, because there was a keg that was on the sidewalk. Q. And were all of these people under 21 years of age? A. Yeah. Q. Were you aware that it is illegal to provide alcohol to minors? A. Yes. Q. And you come home, you confronted them, there's a keg and you did nothing, correct? MR. NEALON: Objection to the form. That's not been established. MR. KNAUER: I believe she already testified, but I'll rephrase the question. MR. NEALON: You didn't ask her what she did. MR. KNAUER: Well, I'll reask it, Jim. I'll be more than happy to accommodate you. BY MR. KNAUER: Q. Give me your mental process from the time you get onto your property. What was going through nuns &A1cLUCAS RLronirn-c sra37cc, A•c. Hamburg 717-1.3n-0613 Yad 717-F45-0416 PA 1.800-1.33.9317 1 2 A 3 Q 4 A 5 Q 6 7 8 9 10 11 12 13 14 Q. 15 A. 16 17 18 19 20 21 22 23 24 25 Q Exam./Knauer - P. Ruble 6 your mind when you saw the party? They were just there. They were having fun. Did you see a keg of beer on the property? Yes. Were you aware that all of the people at the party were under 21 years old? Yes. What did you do when you got home with respect to the beer? Did you stop them from using it? No. I said to them, are you guys staying here, what's going on. I assumed everybody was taken care of. The kids said, yep, everybody is covered. Did you say stop drinking? A Q A No. Q A Now, what do you mean everyone was covered? Well, a lot of these kids had to be home by 11:30. So the majority of the kids started leaving about 11:00, 11:15. Well, I went to bed at 11:00, so I'm going to say they started leaving prior to 11:00, because I was in bed by 11:00. So the kids that were going home had designated drivers and the other kids were staying in my house. Why did they have to be home at 11 o'clock? FILMS & AlcLUCAS RIPORTI.NG SLRUCC, INC. NumOwX 717-23h-fN,23 18,A 717-84.5-6418 PA 1-601-233.9327 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 7 A. Because they had junior licenses. Q. Had you had parties at your property prior to May 24, May 25? A. Not that I'm aware of. MR. STONE: Had she had parties? MR. NEALON: You mean involving adults, open house? MR. KNAUER: I'll rephrase the question. BY MR. KNAUER: Q. Had you seen your sons have their friends over for a party at your property prior to May 24, May 25? A. Sure. Q. At any of those parties -- was there more than one party? A. They were always there, swimming, working on cars. What do you consider a party? Q. One or more people at the same time at the same place. MR. NEALON: One person is a party? MR. KNAUER: One or more. MR. NEALON: One or more means one. That means if her son is there that's a party? MR. KNAUER: No, Jim, it means if a schizophrenic is there you have two people. FILIUS & AH UC4S RI:PORUNX SFR17C1; INC. Ham.buq 71R1364*213 )"A 97415-f41h P11-NIXI-13.i-4117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 8 Strike that comment. BY MR. KNAUER: Q. Had you seen your sons have their friends over while alcoholic beverages were provided? A. No. Q. Had you seen any -- A. Prior to this party? Q. Right. A. No. Q. Prior to this party -- MR. STONE: Let's get that straight. MR. NEALON: The question was prior to this party had you ever seen your sons or their friends have any alcoholic beverages at your house. A. No. BY MR. KNAUER: Q. Had your sons, to your knowledge, ever consumed alcohol? A. Not that I'm aware of -- well, like I said, maybe New Year's Eve they might take a swig of champagne. I mean, they didn't have a glass. MR. NEALON: And we're talking before May of '97. MR. KNAUER: Yes, before May of '97. E1LIUS (A LUCAS REPORTING SLIMCE, INC. I1arrld,uq 717-2364*23 Ynr4 717.845-WIS 151 1-S00-2133.4377 Exam./Knauer - P. Ruble 9 1 A. Right. 2 BY MR. KNAUER: 3 Q. And who would have given them the alcohol? 4 A. Well, we had a bottle of champagne at New 5 Year's and I gave them those little cordial 6 glasses and they had a little round swig of 7 champagne. 8 Q. And that was the only drinking they had ever 9 done? 10 A. That's all that I'm aware of. 11 Q. Was your husband home that evening? 12 A. When? 13 Q. May 24, May 25. 14 A. No. 15 Q. Had your sons had parties at your home when 16 their father was away? 17 A. No. What's a party? Pool party, yeah, they 18 had kids over, yes, because we have a pool and 19 we open it over Memorial weekend. 20 Q. Did you ever see any of your sons with alcohol? 21 A. No. 22 MR. NEALON: When? 23 MR. STONE: She's assuming you're asking 24 before May 25. 25 MR. KNAUER: You can work with that rlrluS r.:vct.ucns Rrl'ORUNG si-MCI., INC. Hnmrarurg ai•:3(i-IM23 LnA :15-9J5-npF 1'.11-9110-;.13.931' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 10 supposition, Jim, and if I switch to the post May 24, May 25 I'll rephrase the question, if that will help you. BY MR. KNAUER: Q. Had you friends smelled A. No. Q. Had you come to walking ever encountered any of your sons' who came to your property where they of alcohol? ever seen any of your sons' friends your property when they had difficulty or their speech was slurred? A. No. Q. Had you ever provided alcoholic beverages to any underage -- any individuals 21 years or less other than the New Year's champagne you just spoke of? MR. STONE: Do you mean 21 years or less or do you mean less than 21? MR. KNAUER: Less than 21. Thank you, Craig. A. No. BY MR. KNAUER: Q. Had Mr. Hurley been to your home on previous occasions? A. Um-hum. - rtt7US c N/,1 ULAS hlrt1B77Kt: SL It 17[l, /.\'c. - Ilam,bwx N,7-2164N.a 1nrA 71'-615-,.416 11.1 1-6/lfl-:71-V3S7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 11 MR. STONE: You'll have to say yes or no. A. I'm sorry, yes. BY MR. KNAUER: Q. And had you ever seen him arrive impaired? A. No. Q. Were you aware that he backed his vehicle into Craig Berkheimer's automobile or truck, whatever it was? A. Not until Monday when he was in the hospital. MR. STONE: When Hurley was in the hospital? A. Yes. BY MR. KNAUER: Q. Did either of your sons come up to you before he left and say, you know, he shouldn't be driving? A. Matthew was in bed and Chad was outside. Q. And did you know whether Mr. Hurley came with a designated d river or without one? A. No. He was there when I got home. Q. And were you aware on the evening of May 24, May 25 that it was illegal for minors to have alcohol? A. Of course. Q. And were you also aware that if they consumed - nIJUS G A1, LUCAS REPORMC SLRVICC, INC. - 11arn?Grorg 71'-73(i4M )i,,k 717-815.1,118 PA 1-Son-:33-5717 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 12 more -- if they consumed enough alcohol to be impaired that they could be injured or killed in an accident or injure and kill somebody else? A. I guess yes. Q. And did you go around and talk to each of the friends at the party to make some type of a judgment whether they should or should not be driving vehicles? A. It was taken care of. Q. And how was it taken care of? A. Everybody had -- they were supposedly staying at my house, I told you, as well as designated drivers. Q. How did you know that? A. I asked them. Q. Did you ask whether Mr. Hurley was staying? A. No, because I went to bed. He was I think one of the last ones to show up. Right, Steve? MR. NEALON: You can't ask questions. A. Oh, sorry. BY MR. KNAUER: Q. And one or both of your boys were drinking when you got home? A. I didn't see them -- obviously, they were FILMS & Mc UCAS n[roRUNG SER17cc, m'c. HamOuq 717-236-0629 fork 717.84.5-6418 PA 1.900-233-972'7 Exam./Knauer - P. Ruble 13 1 drinking, but I didn't see them actually with 2 glasses in their hands. I mean, it had to be a 3 given because the keg was there -- or the -- I 4 don't even know what size it was. 5 Q. Why didn't you stop them from drinking? 6 A. They were staying at my house. This is what 7 happens with kids. Parents do this all the 8 time. 9 Q. Do you drink heavily yourself? 10 A. No. 11 Q. Have you ever been drunk? 12 A. Yeah. 13 Q. How many times? 14 MR. NEALON: Objection. 15 MP.. KNAUER: I'm laying a foundation, Jim. 16 MR. STONE: For what? 17 MR. KNAUER: For establishing that she 18 would recognize the symptoms of impairment. 19 MR. NEALON: That's a different question. 20 Why can't you ask the question you want to ask 21 instead of something that has nothing to do 22 with the case. 23 MR. KNAUER: You have to lay the 24 foundation I believe, was she familiar with the 25 signs of alcohol. MJUt & Al,IUCAS R1 PORING SLR17C1, INC. Hn,0,. K 717 7-23hdBi211 Yad 717445-6418 PA VS110-22934357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 14 MR. NEALON: That doesn't mean you have to have been drunk. I mean, I know people who have never touched a drop of alcohol in their lives and know what the signs of alcohol consumption are. MR. KNAUER: I will rephrase the question. BY MR. KNAUER: Q. Prior to May 24, May 25 had you ever become impaired because of consumption of alcohol yourself? MR. NEALON: Asked and answered. BY MR. KNAUER: Q. Go ahead and answer the question. A. He just said it was asked and answered. Q. It was yes, correct? A. Right. Q. So you knew -- or how many times? MR. NEALON: Objection. That's what I said, we're not going to get into that. MR. KNAUER: I think we definitely need to get into it, Jim. MR. NEALON: Do you want to go back to when she was in college? Do you want to go through her high school days? It's ridiculous. We are not going to do that. 711.1115 6 A1, L.ucA; RI:PORTI:VG SLRUCL, INC. Ilm ubmg 717-23n-01Q.3 Lvt Ill-9454,414 PA 1-b'Ob-:3343;7 Exam./Knauer - P. Ruble 15 1 MR. KNAUER: Let's take the five years 2 before the accident -- or let's start in 1990 3 through the date of the accident. 4 BY MR. KNAUER: 5 Q. During that time period had you become impaired 6 because of the consumption of alcohol? 7 A. I have no idea. 8 Q. How frequently between that time period would 9 you drink on a daily or weekly basis -- first 10 of all, on a daily basis? 11 MR. NEALON: I'm going to object and 12 instruct her not to answer. We're not going 13 down this road. You haven't alleged anything. 14 And I don't even know what the answer is, but 15 I'm not going to sit here all day going through 16 her drinking habits. It's not relevant. 17 MR. KNAUER: Well, I think it's very 18 relevant, Jim. I'll reserve the right. We may 19 have to go to a judge on this one. 20 BY MR. KNAUER: 21 Q. Before May 24 and May 25, 1997, from your own 22 personal experience with having become impaired 23 through the consumption of alcohol, were you 24 aware of the signs of impairment by alcohol? 25 A. Yes. - rums a Tfcr11GS RG'ner1.\'c ARVICC, INC. - Hnnid'U19 ,'77.13h•Oh17 1 inA 717-615-WIS 11A 1-8INId33-9717 Exam./Knauer - P. Ruble 16 1 Q. And what are those signs? 2 A. Staggering, slurred speech. But all the kids 3 at the party were not impaired when I went to 4 bed. I mean, they were fine. 5 Q. Now, what time -- 6 MR. STONE: Do you mean that none of the 7 kids at the party were impaired? 8 A. Not to my knowledge. Everybody was just fine. 9 They were just all socializing. They were 10 sitting around. They were listening to the 11 music. They were talking. Nobody was out of 12 control when I went to bed, nobody. 13 BY MR. KNAUER: 14 Q. Was the music loud? 15 A. No. 16 Q. Was your husband present? 17 A. He was in Indiana. 18 Q. Was there a reason why you didn't stop the 19 consumption of alcohol? 20 MR. NEALON: Asked and answered. 21 BY MR. KNAUER: 22 Q. The evening of the accident had you been out 23 drinking yourself? 24 A. No. I went out for dinner. 25 Q. Are you an alcoholic? -I I LI US G ,1IrLUCA S RLPOR TING SLR 17CL, INC. - Rarns6aq 177-236-ab23 lark 717445-MIN PA 1-800-23343.' Exam./Knauer - P. Ruble 17 1 MR. NEALON: Objection. That's an 2 offensive question and you should be ashamed to 3 ask it. It has absolutely no relevance to this 4 case. I don't know what the answer is one way 5 or the other, but I think it's offensive that 6 you would ask that. And she's instructed not 7 to answer. 8 MR. KNAUER: The truth is not offensive, 9 Jim. Why not let her answer? She can say yes, 10 I am or, no, I am not. 11 MR. STONE: It has no relevance to this 12 lawsuit. 13 MR. NEALON: You could ask her if she's a 14 millionaire or not. You could ask her if she's 15 a Roman Catholic, whatever. It doesn't make 16 the questions proper. She's not going to 17 answer it. Do you have another question? 18 MR. KNAUER: It is a proper question to 19 determine credibility. 20 MR. STONE: To what? 21 MR. KNAUER: And also to testify -- or 22 also to establish that she was unfit to make 23 the judgments herself. 24 MR. NEALON: Do you have another question? 25 If not, we're going to conclude the deposition. /ILIUS & AL"LUCgS RLPORTING SLR%ICE, INC. lfa,r Owq 719-21h^.'1 I...& 7174I5- 416 P.11-900-.^1J-41:' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 18 Do you h ave any other questions? MR. KNAUER: Yes. MR. NEALON: Then let's ask them. BY MR. KNAUER: Q. Did you ever provide a lcohol to Mr. Hurley? A. No. Q. Was your husband away from home often? A. Often? Q. Yes. A. No. MR. STONE: Do you mean overnight or what? MR. KNAUER: Overnight. A. No. BY MR. KNAUER: Q. Had you ever complained to anybody about the absence of your husband? MR. NEALON: Objection. Instruct the witness not to answer. BY MR. KNAUER: Q. What wou ld your husband have done if he came home and found the same scene that you did? MR. NEALON: Calls for speculation. Objectio n. Instruct the witness not to answer. BY MR. KNAUER: Q. To your knowledge of your husband, what would - nL1US 6 A1rLUC.4S REPORTING SLRPICL, INC. - Uamsbarg 717-236-06.13 YarA 717-945-1418 PA 1400-2,13-9327 3. 2 3 4 5 G 7 8 9 10 11 12 13 14 3.5 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 19 he have done? MR. NEALON: Calls for speculation. I'm instructing the witness not to answer the question. BY MR. KNAUER: Q, Did it strike you as different that your sons waited until their father was not home before they scheduled a party? MR. STONE: Are you asking whether her sons had their friends over when he was at home? MR. KNAUER: When Duane was not home when alcoholic beverages -- MR. STONE: Are you asking were there occasions that -- I mean, to say that it was unusual, are you asking whether her sons had friends over when he was at home? MR. KNAUER: And alcoholic beverages were consumed. MR. NEALON: It's already been established that she had no knowledge of any alcohol prior to this accident. MR. KNAUER: The question Craig stated I think can be answered. MR. NEALON: What's the pending question? nLmS & NUDCas kr-rnxnuc srRPlcr, INC, Wf ,,Iwg 717-2.36-(M:A l o A 71:-945-6418 PA l-BOO.233.9321 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 20 MR. STONE: Well, I'll ask the question. Was it unusual for your sons to have friends over when your husband Duane was at home? A. Yes. MR. STONE: It was unusual? A. Oh, no, no, no, it was very common because they were always there. There was always somebody there. BY MR. KNAUER: Q. Did it strike you as strange that your sons waited until their father was away to bring a keg onto the property? MR. NEALON: She didn't know they brought a keg on until later. MR. KNAUER: That's what I'm asking, Jim, did it strike her as unique that the sons would wait until their father was gone to bring a keg of beer on the property for a party? MR. NEALON: Objection to the form. MR. STONE: Well, it was unusual because it was the first time it ever happened. A. Yes, it was. BY MR. KNAUER: Q. Do you know who brought the beer keg to the party or bought it? IILIUS & AIrLUCAS REPORTING SERI7CE, INC. Hanisbaq 777.236-0623 lorl 777-PIS-NIP PA I.S00-1334727 . Exam./Knauer - P. Ruble 21 1 A. Chad tol d you. 2 Q. Did you know that the night you got there? 3 A. No. 4 Q. Did you understand that it would have had to 5 have bee n somebody over 21 years old? G A. Well, I would assume so. 7 Q. Did you call the police? a A. No. 9 Q. Why not? 3.0 A. Because everybody was covered, to my knowledge. 11 They wer e staying at my house. Why would I 12 have to call the police? 13 Q. You were aware that it was illegal for minors 14 to consu me alcohol or to be provided with 15 alcohol? 16 MR. NEALON: Asked and answered. 17 BY MR. KNAUER: 19 Q. Had you ever been drunk -- 19 MR. NEALON: Asked and answered. 20 MR. KNAUER: Jim, let me finish the 21 question . Okay? Then you object. 22 BY MR. KNAUER: 23 Q. Had you ever been impaired by alcohol in the 24 presence of your sons or their friends? 25 MR. STONE: What's the relevance? TILIUS & AlAUCAS REPORTING SLRI7CG, INC. Harn4wA 717.23Ed623 Vo,1717-995-69919 PA 1-800-233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 22 MR. NEALON: We're talking before May of '97? MR. KNAUER: MR. NEALON: question? A. No. BY MR. KNAUER: Yes. Do you understand the Q. Prior to May 24, 25, 1997 had you ever been impaired through the consu mption of alcohol in the presence of your sons or their friends? A. Not that I'm aware of. Q. After you became aware of the accident when Mr. Hurley was injured had you ever contacted the police with respect to det ermining who provided the keg of beer? A. I didn't know who provided the keg of beer. Q. Did you contact the police and say, well, this happened? A Q No. My son went down to see Steve with his friend Rob and then they went down to the hospital to see, you know -- you know, they didn't know at that point and then Steve informed them that he had the accident because he was at our house. Now, when you say Steve, which Steve are you nl.lus & ArrtucAS REPORTI,4r, SER17cr., INC 11nmsb.rg i 17.236.-0623 1 ork 717-813-ti418 PA 1.8006233-9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 23 talking about, the father or the son? A. I never met the father until just now, so I'm talking about Steve. MR. STONE: For the record, the plaintiff Steven Hurley. BY MR. KNAUER: Q. When did you become aware that Mr. Hurley had backed into Mr. Berkheimer's truck? A. I didn't know that at all. Q. How many people were at the party when you got there? A. I have no idea. Q. Before you went to bed did you determine -- did you go around and ask -- did you go around to each of the people who were at the party to make some type of a judgment as to whether you felt that any of the party-goers were impaired? MR. NEALON: Could you read that back, A please? (Previous question read by the court reporter) I did answer that. MR. NEALON: I think it's a slightly different question. The question earlier was what you had done and you said you thought r11.1u5 &A1c1.uc.A9 RCPOHIl4'G SCRUCE, INC. Hamsburv 717.236-OhD Vori 717-9454418 14 1-ROO.233-9317 Exam./Knauer - P..Ruble 24 1 everybody had either a designated driver or 2 were staying the night. Now he wants to know 3 if you checked on each person at the party as 4 to whether they were impaired or not. 5 A. No. 6 BY MR. KNAUER: 7 Q. Could you tell whether either of your sons was 8 impaired? 9 A. My son was -- youngest son was in bed when I 10 went to bed -- I mean, he was going to bed when 11 I went to bed and Chad was still downstairs and 12 he looked fine to me. 13 Q. And did you rely, then, on your son Chad for -- 14 strike that. Did you rely on your son Chad as 15 opposed to your -- and your son Chad told you 16 that everyone either had a designated driver or 17 were going to stay, correct? 18 A. Right. 19 Q. Did you rely on his judgment as opposed to 20 putting it on yourself in determining that? 21 A. It was a given. I told you before that 22 everybody was covered that I was aware of. 23 MR. STONE: She's also testified that she 24 made general observations. 25 MR. KNAUER: I have no further questions 17LIUS & McLUC:1S RLPORUNG SLR17CC, PVC. !lamid6mg 717-236-0613 1bd 717-945-NIS PA 1-8006131-43:7 .l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Nealon - P. Ruble 25 of this witness. Again, as with the prior ones, we're going to continue the deposition. EXAMINATION BY MR. NEALON: Q. You were asked whether you had anything to drink while you were out at dinner. Is that right? A. Right. Q. And your answer was no? A. No. Q. Prior to leaving your house on May 24th to go to dinner had you had anything alcoholic to drink? A. No. Q. When you returned and discovered the party did you have anything alcoholic to drink at your house that night? A. No. Q. So when you had gone to bed that night you hadn't had any alcoholic beverages all day? A. No. MR. STONE: That's a correct statement, you had not? A. Yes. EXAMINATION -171.1115 6.11I'U C4S RC1'URUNG SCRUCC, INC.- ),,,k nhu rg 777•:.Sti-W43 ;1, 445-NI611.11-X(Aba9.9177 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - p. Ruble 26 BY MR. KNAUER: Q. Just one further question. Did you play beer bong or pong? A. No. Steve was at the one en d of the table, yes, and I was trying to -- I didn't know how this game worked. I came ou t to socialize with the kids and I said how does this work. And remember, I was throwing it with you or something? Q. Did you consume any alcohol that evening? A. No. I was throwing the ping pong ball. Q. How accurate was Mr. Hurley when he threw the ping pong ball? A. Just fine. Q. Did you see any of the other -- did you play on a team? A. No. I just came down in my bathrobe, said good night to everybody and went to bed. Q. Did you team up with your so n Matt to play the beer pong? A. No. Matthew was in bed. Q. And where were they playing beer pong? A. On the porch. Q. And that was on a ping pong table? A. It wasn't our table. - /71-IUS 6 Aft WCAS REPORTING SER17CF, INC. - Nnrrisin,rg 717-236-6623 York 777.645-6416 PA 1-SOO-233.9327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Knauer - P. Ruble 27 Q. Was it on a ping pong table? A. I don't know what kind of table it was. It wasn't our table. Q. Did you know when that table got there or who brought it? A. No. Nothing was at my house when I left. MR. KNAUER: No further questions. MR. NEALON: Just for the record, we're not agreeing that this deposition is continued. We believe it's c oncluded. (Whereupon, the deposition concluded at 11:00 a.m.) -I ILIUS & AlcLUCAS REPORTING SERPICE, INC. - Harn,lurg 717.276-0623 Tnrk 7174I5.8JIS PA 1-800-2137.93:7 Exam./Knauer - P. Ruble 28 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) I, Susan D. Kashmere, Reporter and Notary Public in and for the Commonwealth of Pennsylvania and County of Dauphin, do hereby certify that the foregoing deposition was taken before me at the time and place hereinbefore set forth, and that it is the testimony of PAULA RUBLE I further certify that said witness was by me duly sworn to testify the whole and complete truth in said cause; that the testimony then given was reported by me stenographically, and subsequently transcribed under my direction and supervision; and that the foregoing is a full, true, and correct transcript of my original shorthand notes. I further certify that I am not counsel for or related to any of the parties to the foregoing cause, or employed by them or their attorneys, and am not interested in the subject matter or outcome thereof. Dated at Harrisburg, Pennsylvania, this 10th day of February, 2001. NOTARIAL SEAL Suran D. Kadlmaq Nomry Publk Ciry oFHuti?burg, Dauphin Counry Ml ?minwba Expim April I e, 2004 My commission expires April 18, 2004. 4:x,1 ?4AO _ ??- ?Gt22?1?1_smere, RPR Susan D. Ka Reporter,- Notary Public - FILiUS t- Af"LUCAS tic! oRFINC, Sel;rln:, INC. - llam>Lu r,Q 71,-2164X-]3 I A 717-KOS-M iR 1.1 I-HlA7-:,11.9727 LAWYER'S NOTES STEVEN E. HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNA. V. NO. 99-2872 PAULA RUBLE, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED ORDER AND NOW, this 28°i day of April, 2003, the Plaintiff having failed to appear at trial or offer a satisfactory excuse for his failure to appear, a nonsuit is entered against the Plaintiff pursuant to Pa.R.C.P. 218. The Prothonotary is directed to mark the docket discontinued. R tZt tl? Steven E. Hurley, Plaintiff ? 923 Nixon Drive RKS` Mechanicsburg, Pa. 17055 o4-as-a3 James G. Nealon, III, Esquire -l?gtip-?E?/VE2ED Michael Ferguson, Esquire For the Defendant Court Administrator :mtf BY THE COURT pL rvr ,1,?y ?;? ®_= -)-A:IIY 03 t;PR ?.8 P;i 9: n5 PENNSYU1,NIVA Y R STEVEN E. HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 99-2872 CIVIL PAULA RUBLE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, April 9, 2003. In this automobile accident case, while plaintiff originally filed his suit with counsel, counsel has since withdrawn alleging noncooperation of the plaintiff, and the plaintiff is now pro se. Appearing for the defendant at the pretrial conference is Michael Ferguson, Esquire, of the Nealon law office. Defense counsel has produced a letter dated January 28, 2003, which defense counsel sent to the plaintiff at his address of record, indicating that plaintiff should be appearing at the pretrial conference this date. Plaintiff has not appeared and has not communicated to the court regarding his absence. Defense counsel claims that the defense is prepared for trial and that this case is presently listed for trial during the week of April 28, 2003, at the regular jury trial term. This case is now specially set by the 99-2872 Civil In Re: Pretrial conference Page 2 court to commence on Monday, April 28, 2003, at 9:00 a.m. in Courtroom Number Three, for jury selection. Through this order, the court cautions Steven Hurley that if he does not show up at that time ready for trial that the defense counsel has indicated, at the pretrial conference, that they will be presenting appropriate motions to dismiss this action with finality. By the Court, Steven E. Hurley, Plaintiff 923 Nixon Drive Mechanicsburg, Pa. 17055 Michael Ferguson, Esquire For the Defendant Prothonotary ? Court Administrator :mtf `r, i a .+