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HomeMy WebLinkAbout02-0614 NMRo TEO NO TA EDWARD M. BRENNAN, ESQUIRE J Attorney-at-Law p ?. 306 Mahantongo Street 23111 MAR Pottsville, PA 17901 CUMBERLAND COUNT)" (570) 628-2461 RENHSYLVAN; "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff : No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED MOTION TO CONSOLIDATE AND NOW comes Plaintiff, Carl R. McAloose, by his undersigned attorney, Edward M. Brennan, Esquire, and files this Motion to Consolidate this action for purposes of discovery and trial in the above-captioned matters and submits the following in support thereof: 1. Plaintiff, Carl R. McAloose, commenced a minority shareholder action by Writ of Summons filed June 21, 2001, in the Schuylkill County Court of Common Pleas, docketed as No. S-1275-01. 2. On November 5, 2001, Plaintiff filed a Complaint for damages in excess of Twenty-Five Thousand ($25,000.00) Dollars against Defendant Generations Management IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 20 , upon consideration of Plaintiff's Motion to Consolidate and stipulation of the parties in open Court, the above-captioned matter is consolidated with the suit docketed tor4*180 for discovery purposes only. Each party has the right to file an additional motion to consolidate for purposes of trial which will be considered by the Court at a later date. 4= C= 'Ow N °1 z ? z "'?' c Q C) . x4 ? 5c ?` CI 'Pies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES. INC., Defendant No. 2002-614 JURY TRIAL DEMANDED ORDER AND NOW, this day of , 20J, upon consideration of Plaintiff's Motion to Consolidate and stipulation of the parties in open Court, the above-captioned matter is consolidated with the suit docketed to 04-6380, for discovery purposes only. Each party has the right to file an additional motion to consolidate for purposes of trial which will be considered by the Court at a later date. J. C-) .-a i „CG p. Ca'w't Z C") --t ?!i wit /'O? ?/-f'f? rt C{ ry JI- ? Services, Inc., alleging that Plaintiff held 75,000 shares in the corporation, the corporation was refusing to honor those shares and was about to be sold without protecting, and in fact suppressing, Plaintiff's minority shareholder rights. 3. On December 21, 2001 Plaintiff filed an Amended Complaint in response to Defendant's Preliminary Objections. 4. On January 15, 2002, the Schuylkill County Court of Common Pleas, pursuant to the stipulation of the parties, transferred the case pursuant to Pa.R.C.P. 1006(e) to the Court of Common Pleas of Cumberland County, where it was docketed at No. 2002-614. 5. On or about March 3, 2005, Defendant filed its Answer to Plaintiff's Amended Complaint and New Matter. 6. On October 26, 2006, Plaintiff filed its Reply to Defendant's New Matter, thus closing the pleadings. 7. On December 24, 2004, Plaintiff filed a Writ of Summons based on the same transaction and occurrence in the Court of Common Pleas of Cumberland County against Defendant, Generations Management Services, LLC, the successor company to Generations Management Services, Inc. Plaintiff's Complaint was docketed at No. 04-6380, Civil Term. 8. On November 14, 2005, Plaintiff filed his Complaint. 9. On December 14, 2005, Plaintiff filed a Notice of Default for failure to answer the Complaint. 10. On January 17, 2006, counsel for Defendant entered his appearance. 11. On or about January 17, 2006, Defendant filed its Answer and New Matter to Plaintiff's Complaint. 2 12. On October 26, 2006, Plaintiff filed his Reply to Defendant's New Matter, thus closing the pleadings in the action at Docket No. 04-6380 Civil Term. 13. The instant action and the action filed at 04-6380 Civil Term arose from the same transaction or occurrence, and involve common questions of law and fact. 14. The parties have been attempting to engage in discovery but have been unable to schedule certain discovery. 15. Plaintiff's counsel wishes to file Motions to Compel Discovery on both actions and believes the judicial economy would dictate consolidation of same. No party would be prejudiced by consolidation of these actions. 16. Consolidation of the two actions would serve the interest of judicial economy, promote convenience, reduce the expense of litigation and avoid the possibility of inconsistent verdicts. 17. Plaintiff's counsel is filing contemporaneously with this motion a motion under docket number 04-6380 Civil Term asking for consolidation of both cases. 18. Pursuant to Local Rule of Civil Procedure 208.3(a), Plaintiff states that no judge has ruled upon any other issue in the same or related matter. 19. Plaintiff's counsel has attempted several times to seek the concurrence of opposing counsel of record who has simply not responded to these requests pursuant to Local Rule 208.3(a)(9). 3 WHEREFORE, Plaintiff, Carl R. McAloose, respectfully requests that this Honorable Court enter an Order consolidating this action with the action filed at No. 04-6380 Civil Term for purposes of discovery and trial. Date: 3 1 Y/// Respectfully submitted, By: Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff 4 EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant No. 2002-614 JURY TRIAL DEMANDED No. 04-6380 Civil Term : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of yg&?. , 2011, I, Edward M. Brennan, Esquire, do hereby certify that I served a true and correct copy of the foregoing Motion to Consolidate, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff : No. 2002-614 ? VS. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : No. 04-6380 Civil Term : JURY TRIAL DEMANDED C") r-0 C:a n Z M- =7D r- s .co "o s-? 20 3 o aC) xy,C r om ? o ca v RULE TO SHOW CAUSE AND NOW, this oRa 64- day of III 4,11' , 2011, upon motion of Edward M. Brennan, Esquire, a Rule to Show Cause is issued against Defendant to show cause as to why the relief requested in the nature of consolidation should not be granted. RULE RETURNABLE 2011. A hearing will be held on c? , 2011, at g10V o'clock A m. in Courtroom No. <;L,, of the Cumberland County Courthouse. BY THE COURT: J. Frank, R Clark ; F.5-4- ld 8dtoard M . Brennan , Cope (?°?` -;i 4ab Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL R. McALOOSE, Plaintiff V. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant CIVIL ACTION c? No. 2002-614 Civil Term .<> n JURY TRIAL DEMANDED r C= w rr-? DEFENDANT'S ANSWER TO MOTION TO CONSOLIDATE Now comes Defendant, Generations Management Services, LLC, a Pennsylvania limited liability company, by its attorneys Clark & Krevsky, LLC, who files this Answer to Plaintiffs Motion to Consolidate Action and who submits the following in response thereto: 1. 2 3 4 5 6. Denied. To the contrary, Plaintiff commenced said described action, misidentifying Generations Management Services, LLC ("GMS - PA"), a Pennsylvania limited liability company, as Generations Management Services, Inc. Admitted that Plaintiff filed a Complaint as described against GMS-PA, as misidentified; otherwise Denied. Admitted that Plaintiff filed an Amended Complaint as described against GMS-PA, as misidentified; otherwise Denied. Admitted that the described action occurred to a Complaint against GMS-PA, as misidentified; otherwise Denied. Admitted that GMS-PA filed its Answer as described; otherwise Denied. Admitted that Plaintiff filed a reply as to New Matter filed by GMS-PA, as misidentified; otherwise Denied. 7. Admitted that Plaintiff filed the described Writ of Summons against Generations Management Services, LLC, a Delaware limited liability company ("GMS-DE"). 8. Admitted that Plaintiff filed the described Complaint against GMS-DE; otherwise Denied. 9. Admitted that Plaintiff filed the described Notice of Default against GMS-DE; otherwise Denied. 10. Admitted that counsel for GMS-DE entered his appearance; otherwise Denied. 11. Admitted that GMS-DE filed the described Answer with New Matter; otherwise Denied. 12. Admitted that Plaintiff filed the described Reply to New Matter of GMS-DE; otherwise Denied. 13. The averment is a conclusion of law to which no response is required and is therefore Denied. 14. Admitted. 15. The averment is a conclusion of law to which no response is required and is therefore Denied. To the extent an answer is required, the averment is Denied, as the requested consolidation would join legally-distinct but similarly-named parties, GMS-PA and GMS-DE, in a single proceeding, leading to potential confusion by the finder of fact. 16. The averment is a conclusion of law to which no response is required and is therefore Denied. To the extent an answer is required, the averment is Denied, as the requested consolidation would join legally-distinct but similarly-named parties, GMS-PA and GMS-DE, in a single proceeding, leading to potential confusion by the finder of fact. 17. Admitted. 18. Admitted. 19. Defendant counsel does not concur. WHEREFORE, Defendant, Generations Management Services, LLC, a Pennsylvania limited liability company, respectfully requests that the Court deny the Motion to Consolidate. Respectfully Submitted, CLARK & KREVSKY, LLC Dated: April 15, 2011 r r By: Frank P. Clark Attorney I.D. No. 35443 20 Erford Road, Ste. 300A P.O. Box 1254 Camp Hill, PA 17001-1254 (717) 731-8600 (717) 731-4764 (fax) fpc@clark-krevskylaw.com Attorney for Plaintiff CERTIFICATE OF SERVICE I, FRANK P. CLARK, hereby certify that today, April 15, 2011, I served a true and correct copy of the DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO CONSOLIDATE in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as follows: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 C? U/1' Frank P. Clark, Esquire EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 r PRO 3 "NINSYLVAp°?V rY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARI. R. McALOOSE, Plaintiff Vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CARI_, R. McALOOSE, Plaintiff Vs. GENERATIONS MANAGEMENT SERVICES. LLC, Defendant No. 2002-614 JURY TRIAL DEMANDED No. 04-6380 Civil Term JURY TRIAL DEMANDED MOTION TO COMPEL ANSWERS TO PLAINTIFF'S DISCOVERY AND TO COMPEL ATTENDANCE AT DEPOSITION Plaintiff. Carl R. McAloose, by and through his attorney, Edward M. Brennan, Esquire, hereby moves this Court to enter an Order compelling Defendants, Generations Management Services, Inc. and Generations Management Services, LLC, to respond to Plaintiffs discovery pursuant to Pa.R.C.P. 4019 and attend a deposition, and in support thereof respectfully submits that: This case involves an employment contract with Defendants and dispute as to ownership of shares of stock in same. 2. Suit docketed to No. 2002-614 was initiated on June 21, 2001, and suited docketed to No. 04-6380 was initiated on December 20, 2004. 3. On March 31, 2010, Plaintiff, by regular mail, sent to counsel for Defendants an original set of Amended Request for Production of Documents and Records directed to Defendants to be answered within thirty (30) days from the date of service. A copy of said lett is attached hereto as Exhibit "A". 4. Defendants have failed and refused to answer the Amended Request for Production of Documents and Records and no objections have been made, despite the lapse of more than thirty (30) days. 5. On January 3, 2012, Plaintiff, by regular mail, sent to counsel for Defendants an original set of Interrogatories and Request for Admissions directed to Defendants to be within thirty (30) days from the date of service. A copy of said letter is attached hereto as Exhibit "B". 6. Defendants have failed and refused to answer the Interrogatories and Request Admissions and no objections have been made, despite the lapse of more than thirty (30) days. 7. On January 4, 2012, Plaintiff issued a Notice of Deposition of Corporate Defendant-Designee pursuant to Pa.R.C.P. 4007.1. Copies of said Notice and letter enclosing same are attached hereto as Exhibit "C". 8. Defendants simply refused to appear at the depositions scheduled by Plaintiff. 9. The information sought in this discovery request is essential to Plaintiff in order to properly prepare for trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order directing Defendants to answer the Amended Request for Production of Documents and Records and also to answer the Interrogatories and Request for Admissions within twenty (20) days or suffer sanctions pursuant to the Pennsylvania Rules of Civil Procedure. Plaintiff respectfully requests this Honorable Court to further enter an Order directing Defendants to designate a representative to appear at a deposition to be scheduled at the convenience of Plaintiffs couns Respectfully submitted by: Date: r7 ,5 -,'- 6?`" ?J,IY Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EXHIBIT "A" Law Offices EDWARD M. BRENNAN Attorney-at.Law 306 Mahantongo Street Pottsville, PA 17901 Telephone: (570) 628.2461 Fax: (570) 628-4498 March 31, 2010 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Please allow me to follow up on our ongoing discussions in the above matter. Brenda in my office did talk to Jennifer in your office several times about scheduling the depositions of Allen Litt, Leonard Cole, a corporation defendant-designee and Douglas Berry. It is my understanding that you are in the process of obtaining dates from Mr. Litt and Mr. Cole. Please note that I have the following dates available: May 6, June 16 and June 29. Please have Jennifer contact my secretary at her earliest convenience so that we may get a date certain for these depositions. If your clients are not available on any of the above dates I suggested, I will check my calendar for any others dates you may suggest. I intend to subpoena the records of K & L Gates, formally known as Kirkpatrick & Lockhart, concerning the issuance of the shares of stock to Carl McAloose and other documents concerning Generations Management I and 11. It certainly would be simpler if your client would agree to the production of these records for my inspection as I had requested earlier. I enclose an Amended Request for Production of Documents. If your client requires a confidentiality agreement in order to produce these documents, I will certainly talk to Mr. McAloose about signing salve. I generally have no problem with confidentiality agreements in this type of litigation. Finally, I do intend to depose Steven Adelkoff as well. I believe he was counsel for the corporation and also acted in conjunction with Doug Berry concerning the issuance of shares to Carl. (G:\TEMPD000LIENTS\m 1089\BAP6607.DOC) Edward M. Brennan Attomey-At-Law March 31, 2010 Page 2 Please contact me as soon as possible, if you intend to object to his deposition. It is important that you call me as soon as possible so that we can discuss the logistics this case as outlined above. Sincerely, EDWARD M. BRENNAN EMB/bap Enclosure cc: Mr. Carl R. McAloose EXHIBIT "B" Law Offaces EDWARD M. BRENNAN Attomey-at-Law 306 Malaantongo Street Pottsville, PA 17901 T,Iphonu: (570) 628.2461 Fax: (570) 628-4498 January 3, 2012 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Enclosed please find Plaintiff's Interrogatories and Request for Admissions for answer your clients in the above-captioned cases. Sincerely, EDWARD M. BRENNAN EMB/bap Enclosures cc: Mr. Carl R. McAloose (G.'',,TEM PDOC'1CL1ENTS\m 1039\13AP6607.130C I EXHIBIT "C" Law Offices EDWARD M. BRENNAN Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901. V.p)umc: (570) 628-2461 Fax: (570) 628-4498 January 4, 2012 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill. PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-061.4 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Enclosed please find Notices of Deposition of Corporate Defendant-Designee in the above-captioned cases. I scheduled these depositions for February 3, 2012, beginning at 10:00 a.m. at Premier Reporting, LLC, 8 South Hanover Street, Suite 201, Carlisle, Pennsylvania. By copy of this letter to Premier Reporting, LLC, this will confirm that I have obtained a court stenographer for these depositions. If you would like to discuss this matter in the meantime, please telephone me at your convenience. Sincerely, 47A*W014 EDWARD M. BRENNAN EMB/bap Enclosures cc: Premier Reporting, LLC Attn: Linda Mr. Carl R. McAloose i G ATEM PDOOCLI ENTS\m 1089\BAP6607. DOC } EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES. LLC. Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION OF CORPORATE DEFENDANT-DESIGNEE UNDER PA.R.C.P. NO. 4007.1 Please take notice that on February 3, 2012, at 10:00 a.m., Plaintiff will take the oral deposition of Defendant, Generations Management Services, LLC, pursuant to Pa.R.C.P. No. X1007.1. al Premier Reporting, LLC. 8 South Hanover Street, Suite 201, Carlisle, Pennsylvania. before a person authorized by law to administer oaths. Plaintiff will conduct inquiry into the following matters: The claims made by above-named Plaintiff., Carl R. McAloose, concerning shares of employee stock as alleged in the pleadings. We will also discuss contracts to provide management services which were purchased by Generations Management Services, LLC ("GMS I1") from Generations Management Services, Inc. ("GMS P') and closing documents exchanged between GMS I and GMS II at settlement where GMS II allegedly purchased all the assets of GMS I. We will be discussing the following individuals and their role in the purchase of assets of GMS I by GMS II: Allen Litt, Douglas Brewer, Douglas R. Berry, Leonard Cole, Jim Diebold and Steven Adelkoff, as well as any role they may have had concerning the shares of stock issued to Carl R. McAloose. Defendant is required under Pa.R.C.P. No. 4007.1(e) to designate one or more officers, directors or managing, agents or other persons who will testify on its behalf at the deposition and i,, requested to set forth with particularity the matters upon which each will testify. Please take further notice that Defendant is requested, pursuant to Pa R.C.P. Nos. 4009 anc 4007.1(d), to produce at the deposition, and permit Plaintiff to inspect and copy all documents and the Collor,M,, tangible things in the possession, custody or control of Defendant, which relate to the above listed matters of inquiry: Any and all records, documents and reports concerning issuance of shares of stock to Carl R. McAloose as alleged in the Complaints noted above; any closing documents and related correspondence concerning the purchase of assets from GMS I by GMS II; copies of actual contracts to provide management services which were in effect at the time GMS II bought the assets of GMS I. The following definitions shall apply to this Notice of Deposition: 1. "GMS I" means Defendant Generations Management Services, Inc., a Pennsylvania limited liability company. 2. "GMS II" means Defendant Generations Management Services, LLC, a Delawaue limited liability company with its principal place of business at 405 Cedar Lane, Teaneck, New Jersey 07666. "Documents" refer to all written, printed, recorded or graphic materials and ma of any kind and description, in both draft and final forms (including all attachments or addenda annexed thereto), whether inscribed by hand or by mechanical, electronic, microfilm, video and audio tape, photographic, computerized or other means, as well as phonic or visual recordings a reproductions. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Date: • Edward M. Brennan, Esquire Atty. I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attornev-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION OF CORPORATE DEFENDANT-DESIGNEE UNDER PA.R.C.P. NO. 4007.1 Please take notice that on February 3, 2012, at 10:00 a. in.. Plaintiff will take the oral deposition of Defendant, Generations Management Services, Inc., pursuant to Pa.R.C.P. No. 4007. 1. at Premier Reporting, LLC, 8 South Hanover Street, Suite 201, Carlisle, Pennsylvania, before a person authorized by law to administer oaths. Plaintiff will conduct inquiry into the following matters: the claims made by above-named Plaintiff, Carl R. McAloose, concerning shares of employee stock as alleged in the pleadings. We will also discuss contracts to provide management services which were purchased by Generations Management Services, LLC ("GMS II") from Generations Management Services, Inc. ("GMS I") and closing documents exchanged between GMS I and GMS 11 at settlement where GMS 11 allegedly purchased all the assets of GMS I. We will be discussing the following individuals and their role in the purchase of assets of GMS I by GMS II: Allen Litt, Douglas Brewer, Douglas R. Berry, Leonard Cole, Jim Diebold and Steven Adelkoff, as well as any role they may have had concerning the shares of stock issued to Carl R. McAloose. Defendant is required under Pa.R.C.P. No. 4007.1(e) to designate one or more officers, directors or managing agents or other persons who will testify on its behalf at the deposition and requested to set forth with particularity the matters upon which each will testify. Please take further notice that Defendant is requested, pursuant to Pa R.C.P. Nos. 4009 a: 4007.1(d), to produce at the deposition, and permit Plaintiff to inspect and copy all documents ar the following tanible things in the possession, custody or control of Defendant, which relate to t above listed matters of inquiry: Any and all records, documents and reports concerning issuance of shares of stock to Carl R. McAloose as alleged in the Complaints noted above; any closing documents and related correspondence concerning the purchase of assets from GMS I by GMS II; copies of actual contracts to provide management services which were in effect at the time GMS II bought the assets of GMS I. The following definitions shall apply to this Notice of Deposition: 1. "GMS I" means Defendant Generations Management Services, Inc., a limited liability company. "GMS II" means Defendant Generations Management Services, LLC, a Delaware; limited liability company with its principal place of business at 405 Cedar Lane, Teaneck, New .Jersey 07666. "Documents" refer to all written, printed, recorded or graphic materials and of any kind and description, in both draft and final forms (including all attachments or addenda annexed thereto), whether inscribed by hand or by mechanical, electronic, microfilm, video and audio tape, photographic, computerized or other means, as well as phonic or visual recordings reproductions. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Date: -? III Edward M. Brennan, Esquire Atty. I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED CERTIFICATION OF ADDRESSES Pursuant to Cumberland County R.C.P. 208.3(a), I hereby certify that the following are the parties to be served with copies of the accompanying proposed Order to Compel Answers 1 Plaintiff's Discovery and to Compel Attendance at Deposition and that these are their addresse to the best of my knowledge, information and belief: Attorney for Plaintiff: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Attorney for Defendant: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 It is hereby further certified that the undersigned has provided to the Prothonotary of the foregoing, and pre-stamped, addressed envelopes for each of the above-captioned for service by the Prothonotary pursuant to Cumberland County R.C.P. 208.3(a). Date: -1 Is I ??' Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant No. 2002-614 : JURY TRIAL DEMANDED No. 04-6380 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of , 2012, I, Edward M. Brenn Esquire, do hereby certify that I served a true and correct copy of the foregoing Plaintiff s Motion to Compel Answers to Plaintiff s Discovery and to Compel Attendance at Deposition, by depositi the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsyl addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff I'!LED-OFFICE 41-13 T r ROTHIGNOTARY EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 .' RLA' ND COUNTY rt4:? 'kSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL. R. McALOOSE, Plaintiff No. 2002-614 \'S. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term VS. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED MOTION FOR ORDER PURSUANT TO PA.R C P 4009.21(d)(1) AND NOW comes Plaintiff, Carl R. McAloose, by and through his attorney, Edward M I3rennan. Esquire, pursuant to Pa.R.C.P. 4009.21(d)(1), asks this Honorable Court to issue an order concerning a subpoena and the Notice of Intent to Serve a Subpoena to Produce Documents from K & L Gates, LLP, f/k/a Kirkpatrick & Lockhart, and alleges as follows: This case involves a dispute as to the ownership of shares of stock in Generati Management Services, Inc. and the successor to liability of Generations Management Services, LLC. Suit docketed to No. 2002-614 was initiated on June 21, 2001, and suited docketed to No. 04-6380 was initiated on December 20, 2004. On December 30, 2011., Plaintiff, by regular mail, sent: to counsel for Defe a Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21. Attached hereto as Exhibit "A" is a true and correct copy of the lett?r, Notice of Intent Serve a Subpoena and Subpoena. 4. Plaintiff's Complaint alleges that Plaintiff was a co-founder of Defendant, Generations Management Services, LLC. Defendant responded in its answer by stating that it ,vtias uncertain as to what Plaintiff meant by co-founder and, therefore, could not admit or deny the averment. On January 3, 2012, Plaintiff requested that Defendant admit or deny that was listed as co-founder on the Defendant's website and that the Exhibit "A" attached to the Request for Admissions was a true and correct copy of said website. Defendant never filed an answer to same and, therefore, these allegations are admitted under Pa.R.C.P. 4014(b). Plaintiff further submitted a Request for Production of Documents to Defendant requesting that Defendant produce copies of the actual contracts to provide management service which were purchased by Generations Management Services, LLC from Generations Management Services, Inc.; the documents Defendant intended to support its assertion that Carl R. McAloose was not vested with the units of shares of employee stock as alleged in its Answer and New Matter; and all closing documents between Generations Management Service. Inc. anc Generations Management Services, LL(--, at settlement. Defendant objected to this request indicating that the request was overly broad and unduly burdensome. 8. Plaintiff submitted an Amended Request for Production of Documents dated March 31, 2010, which have not been produced and are the subject of a Motion to Compel. Thjis Amended Request for Production also included all invoices submitted by the law firm of Kirkpatrick & Lockhart or Steven Adelkoff for services performed in the formation of Generations Management Services, Inc., including but not limited to, incorporation documents, stock certificates, stock ledgers, Board minutes and other records showing the creation and management of Generations Management Services, Inc. from its initiation to the date of Plaintiff's Complaint docketed to Cumberland County Court of Common Pleas No. 2002-614 Civil Term. 9. Plaintiff believes and therefore avers that the legal opinion of K & L Gates, in general, and Steven Adelkoff, in particular, is directly relevant to the cause of action in as much as it will indicate whether Mr. McAloose indeed had shares of stock in Generations Manageme t Services, Inc. The legal opinion of counsel is relevant as to the creation of this business and th eventual sale of the business and/or assets to Generations Management Services, LL('. 10. Counsel for K & L Gates was directly involved in the creation of the business an the handling of the shares or units of ownership issued pursuant to a letter dated April 28, 2000, signed by the President and CEO of Defendant and addressed to Steven Adelkoff. Attached as Exhibit "B'' is a true and correct copy of said letter which had previously been attached as Exhibit "B" to Plaintiff's Complaint. In paragraph 6 of Plaintiff's Complaint, it was alleged tha Exhibit "B" was a true and correct copy of a letter dated April 28, 2000, signed by the then President and CEO of Generations Management Services, Inc. to its corporate counsel indicatin that Plaintiff should receive 75,000 units of ownership immediately. Defendant's answer simpl; indicates that they are without knowledge to verify the authenticity of this document. 11. Plaintiff believed and therefore avers that at the time of the creation of Generations Management Services, Inc., the firm of K & L Gates, f/k/a Kirkpatrick & Lockhart, and specifically Steven Adelkoff was representing him as well as the other co-founders of the business. The letter from Doug Brewer to Attorney Steven Adelkoff, noted as Exhibit "B" boti i in the Complaint and in this Motion, contains information given to Plaintiff or learned by him i? the course of the common representation with the co-founders. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order dismissing the objections filed by Defendants in the above matters and allowing Plaintiff to the subpoena attached as Exhibit "A". Date: /!S- // a Respectfully submitted by: Qfi-1-14 M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EXHIBIT "A" Law Ot ices EDWARD M. BRENNAN Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901. Tdephom: (570) 628-2461 Fax: (570) 628-4498 December 30, 2011 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Enclosed please find a Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 and a copy of the subpoena that I intend to serve for records pertaining to Defendants. I intend to serve the subpoena after 20 days unless a formal objection is lodged thereto. Also enclosed is a Waiver of Twenty-Day Waiting Period. If you agree to waive the twenty-day waiting period, please sign the Waiver and return it to me in the enclosed, self- addressed, stamped envelope. If you have any questions, please telephone me at your convenience. Sincerely, 6e4*"t49A4 EDWARD M. BRENNAN EMB/bap Enclosures cc: Mr. Carl R. McAloose GATENIPD0CICLIENTS1m 10891BAP6607.DOC) EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff : No. 04-6380 Civil Term vs.. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is 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 this subpoena. If no objection is made, the subpoena may be served. Date: Edward M. Brennan, Esquire Attorney 1. D. No. 38770 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs,. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED WAIVER OF TWENTY-DAY WAITING PERIOD I hereby acknowledge that I have received Plaintiffs Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above-captioned matter. I also hereby certify that I waive the twenty-day waiting period required by the above-referenced Rule acid that I permit counsel wishing to serve record subpoena to serve such subpoena immediately. Date: Frank P. Clark, Esquire Attorney for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CARL R. McAL00SE, Plaintiff VS. GENERATIONS MANAGE-M SERVICES, LLC, Defendant File No. 04-6380 Ci,vj.l T m SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 K & L Gates, LLP, f/k/a Kirkpatrick & Lockhart TO: 17 North Second Street, 18th Floor, Harrisburg, PA 17101 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached sheet. at the law office of Edward M. RrPnnan, Esquire, '406 Ma}qn non qtr=Q f Pot (Address) 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 parry 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: NA IE: Edward M. Brennan,., Es ire ADDRESS: *306 Mahantnnon Street pnttGrille PA 17941 TELEPHONE: 570 628-2461 SUPREME COURT ID# 38770 _ ATTORNEYFOR: plaintiff BY THE COURT: Prothonotary, Civil Division Date: YA /10 ' eal of the Court Deputy 'ile, PA 17901 Any and all correspondence including emails, files, draft agreements and memos received by or generated by Steven Jay Adelkoff or anyone else within the law firm concerning Generations Management Services, Inc. and Generations Managements Services, LLC and, specifically, Carl R. McAloose, from January 1999 to the present.; all closing documents exchanged between Generations Management Services, Inc. and Generations Management Services, LLC, at settlement; all invoices submitted by the law firm of Kirkpatrick & Lockhart or Steven Adelkoff for services performed in the formation of Generation Management Services, Inc.; all incorporation documents, stock certificates, stock ledgers, Board minutes and other records involving the creation and management of Generations Management Services, Inc. EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED DEPOSITION NOTICE FOR THE PURPOSE OF COPYING RECORDS ONLY TO: K & L Gates, LLP, Vk/a Kirkpatrick & Lockhart 17 North Second Street, 18`x' Floor Harrisburg, PA 17101 Please take note that Plaintiff, Carl R. McAloose, by and through his counsel, Edward M. Brennan, Esquire, will take the deposition of K & L Gates, LLP, within twenty (20) days after receipt of this Notice and Subpoena. There will be no interrogation of the witness as this is a deposition for the purpose of copying records only. No attorneys are expected to be present. Deponent is directed to bring to this deposition any and all correspondence including emails, files, draft agreements and memos received by or generated by Steven Jay Adelkoff or anyone else within the law firm concerning Generations Management Services, Inc. and Generations Managements Services, LLC and, specifically, Carl R. McAloose, from January 1999 to the present.; all closing documents exchanged between Generations Management Services, Inc. and Generations Management Services, LLC, at settlement; all invoices submitted by the law firm of Kirkpatrick & Lockhart or Steven Adelkoff for services performed in the formation of Generation Management Services, Inc.; all incorporation documents, stock certificates, stock ledgers, Board minutes and other records involving the creation and management of Generations Management Services, Inc. DEPONENT IS ADVISED THAT IT IS SUFFICIENT TO PROVIDE THE MATERIAL REQUESTED BY MAIL OR HAND DELIVERY IN LIEU OF APPEARING IN PERSON AT THIS DEPOSITION, PROVIDED THAT THE DEPONENT CERTIFY THAT THE RECORDS THAT HE/SHE SENDS ARE TRUE, ACCURATE AND COMPLETE COPIES OF ALL RECORDS REQUESTED BY EXECUTING THE ATTACHED CERTIFICATE OF COMPLIANCE AND FORWARDING SAME WITH THESE DOCUMENTS. Date: Edward M. Brennan, Esquire Attorney I.D. No. ;35770 Attorney for Plaintiff EXHIBIT "B" April 28, 2000 Steve Adelkoff, Esquire Kirpatrick & Lockhart, LLP HWO Building 535 Smithfield Street Pittsburgh, PA 15222 Re: Anticipated Members of Generations Management Services, LLC ("Generations") Dear Steve: It was a pleasure speaking with you and Dave on Wednesday regarding the blue sky offering proposed by Generations. This letter is intended to outline the Senior Management ownership and distribution policy. In addition I have attached the most recent summary of Membership Units for your review. The units proposed below would be allocated from the 170,000 units listed on the attached form under "Employee Stock". The only modification to the summary that we currently anticipate is the potential KPMG equity participation, which, I would like to discuss further with you. Total Employee ownership units ..................... 170,000 units Carl McAloose, Senior VP Operations .................. ......75,000 Pat Cassel, Director of Clinical Services ..................... 20,000 ............ Wendy Clark, Office Manager .................................... ........5,000 Gwen Kissinger, Director of Human Resources ................... 5,000 Director Of Marketing, TBD................................................ 20,000 Roger Breed-Not employed but helped establish company ..............10,000 Total Distributed............. .......135,000 Balance undistributed ..........................................................35,000 I would prefer that all employee units vest over an 18-month period, with the exception of Carl McAloose and Roger Breed; in their case all units would vest immediately. I look forward to discussing this with you at your convenience, please let me know if you need additional information. -best regards, c Doug ?Wer President & CEO Jim Diebold David Car- EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES. LLC, Defendant JURY TRIAL DEMANDED CERTIFICATION OF ADDRESSES Pursuant to Cumberland County R.C.P. 208.3(a), I hereby certify that the following are the parties to be served with copies of the accompanying proposed Order and that these are addresses to the best of my knowledge, information and belief. Attorney for Plaintiff: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Attorney for Defendant Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 It is hereby further certified that the undersigned has provided to the Prothonotary copi of the foregoing, and pre-stamped, addressed envelopes for each of the above-captioned for service by the Prothonotary pursuant to Cumberland County R.C.P. 208.3(a). Date: - r-7 04e?ww;l Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 VS. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES. LLC, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of '2012, I, Edward M. Brennai Esquire, do hereby certify that I served a true and correct copy of the foregoing Motion for Order Pursuant to Pa.R.C.P. 4009.21 (d)(1), b:y depositing the same in the United States Mail, postage prepaid. in the Post Office at Pottsville, Pennsylvania, addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 rx-? Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 T r4?0y' N Cot,4ry Nm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE. Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED PETITION FOR ISSUANCE OF A COMMISSION Plaintiff, Carl R. McAloose, by and through his attorney, Edward M. Brennan, Esquire, pursuant to 42 Pa.C.S. § 5325(b), respectfully petitions this Court for the issuance of a Commission to the Superior Court for the County of Bergan. State of New Jersey, to issue subpoenas for the depositions of Leonard Kohl, Alan Litt, Drew A. Barile and Jonathan Litt, individuals residing in New Jersey, as follows: I . Plaintiff currently has two (2) actions pending against Defendants, Generations Management Services, Inc. and Generations Management Services, LLC, in the Court of Common Pleas of Cumberland County, Pennsylvania at Nos. 2002-614 and 04-63180. 2. Leonard Kohl, Alan Litt, Drew A Barile and Jonathan Litt are the principals in Generations Management Services, LLC, and are believed to reside in or about Bergan County New Jersey. In order to obtain this testimony in a form admissible before the Court of Common Pleas, it is necessary for Plaintiff to take a deposition in which counsel for Defendant may participate and cross-examine the witness. As Leonard Kohl, Alan Litt, Drew A. Barile ai Jonathan Litt are not parties to the pending action between the Plaintiff and Defendants and currently reside outside of this jurisdiction, this can only be accomplished through the issuance of a commission to the appropriate authorities in the State of New Jersey. 4. Plaintiff has asked repeatedly for Defendants to appear at depositions voluntarill Defendants have also refused to designate a corporate representative to appear at depositions in the State of Pennsylvania. In order to secure the testimony of Leonard Kohl, Alan Litt, Drew A. Barile and Jonathan Litt, Plaintiff respectfully submits that this Court should issue a commission to the Superior Court for the County of Bergan, State of New Jersey, in the form attached hereto so t the court may issue a subpoena compelling Leonard Kohl's, Alan Litt's, Drew A. Barile's and Jonathan Litt's deposition testimony. 6. The depositions are tentatively set to take place on August 16, 2012. Accordingly, Plaintiff requests that the Court promptly act on this petition. WHEREFORE, Plaintiff respectfiilly requests that this Court authorize the issuance of commission to the Superior Court for the County of Bergan, State of New Jersey, to issue subpoenas compelling the deposition testimony of Leonard Kohl, Alan Litt, Drew A. Barile Jonathan Litt. Respectfully submitted by: Date: Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC.. Defendant CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES. LLC. Defendant No. 2002-614 JURY TRIAL DEMANDED No. 04-6380 Civil Term JURY TRIAL DEMANDED COMMISSION TO THE SUPERIOR COURT FOR THE COUNTY OF BERGAN, STATE OF NEW JERS Greetings: Having confidence in your prudence and fidelity, we have appointed you, and by these presents do give unto you full power and authority, in pursuit of an order made by us. the Court of Common Pleas of Cumberland County, Pennsylvania, in the above-captioned case therein pending. between Plaintiff and Defendants, to issue subpoenas for the appearance of Leonard Kohl, Alan Litt. Drew A. Barile and Jonathan Litt as witnesses in that case, to appear for a deposition upon oral examination before an officer authorized by Your Honorable Court to administer oaths and reduce their testimony to writing. And when you shall have so done. we respectfully request that you send the same before the Judges of our Court, together with this Commission, under your hands and seals and/or the hands and seals of such persons as may tinder your authority. In testimony hereof, we have caused the seal of our Court to be affixed. Witness The Honorable M. L. Ebert, Jr., Judge of the Court of Common Pleas of Cumberland County, Pennsylvania, this day of 2012. Prothonotary Seal of the Court EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED CERTIFICATION OF ADDRESSES Pursuant to Cumberland County R.C.P. 208.3(a), I hereby certify that the following are the parties to be served with copies of the accompanying proposed Order and that these are addresses to the best of my knowledge, information and belief: Attorney for Plaintiff: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville. PA 17901 Attorney for Defendant Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 It is hereby further certified that the undersigned has provided to the Prothonotary copi?s of the foregoing, and pre-stamped, addressed envelopes for each of the above-captioned parties for service by the Prothonotary pursuant to Cumberland County R.C.P. 208.3(a). Date: ahh;? _ Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES. INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES. LLC, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of L 2012, I, Edward M. B Esquire, do hereby certify that I served a true and correct copy of the foregoing Petition for of a Commission, by depositing the same in the United States Mail, postage prepaid.. in the Post Office at Pottsville. Pennsylvania, addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 I_ Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 V vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED ORDER ?l day of 2012, upon AND NOW, to wit, this A consideration of Plaintiff's, Carl R. McAloose, Motion to Compel Answers to Discovery and to Compel Attendance at Deposition, it is hereby ORDERED and DECREED that Defendants. Generations Management Services, Inc. and Generations Manager Services, LLC, answer Plaintiff`'s Amended Request for Production of Documents and Records and Interrogatories and Request for Admissions within twenty (20) days form the date of this Order or suffer further sanctions pursuant to Pa.R.C.P. 4019. ORDERED and DECREED that Defendants designate a representative to appear at a deposition to be scheduled at the convenience of Plaintiffs counsel. Defendant is to pay filing costs, if any, of this Motion. BY THE COURT: /y art .`? P? . J. ; : ma .. ..., y CD 'L c-n 7 ?r? nk P- elaI-le, A&II' a IAA ^ ' 1 01 ?llA 1. IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : No. 2002-614 JURY TRIAL DEMANDED No. 04-6380 Civil Term JURY TRIAL DEMANDED ORDER AND NOW, this -* day of 2012, upon consideration of Plaintiff Carl R. McAloose's Petition for Issuance of a Commission to issue out- of-state subpoenas for appearance at a deposition, any response thereto, and oral argument, if any, it is hereby ORDERED and DECREED that Plaintiff's Motion is GRANTED. IT IS FURTHER ORDERED that the Prothonotary shall affix its official seal to the issued Commissions, in the form appended hereto, to Edward M. Brennan, Esquire, 306 Mahantongo Street, Pottsville, Pennsylvania 17901, to apply for subpoenas from the Superior Court of the County of Bergan, State of New Jersey, to compel the appearance of Leonard Kohl, Alan Litt, Drew A. Barile and Jonathan Litt, ordering said deponents to appear and testify in accordance with Plaintiff's Notice of Deposition dated July 5, 2012. BY THE COURT: psi `? • .'? ??? ?. J. `"a V' rat V • ? D C_D c:, Sy a 5 C -n e5 Ma, /e,e? '7//11ia A' -L CARL R. McALOOSE, PLAINTIFF V. GENERATION MANAGEMENT SERVICES, INC., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI, NO. 02-614 CIVIL NO. 04-6380 CIVIL IN RE: MOTION FOR ORDER PURSUANT TO Pa.R.C.P. 4009(d) (1) ORDER OF COURT AND NOW, this 19th day of July, 2012, upon consideration of the Plaintiff's Motion for Order Pursuant to Pa.R.C.P. 4009(d) (1), IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested shouli not be granted; 2. The Defendant will file an answer on or before July 31, 2012; 3. The Prothonotary is directed to forward said Answer to this Court. 4. Hearing/argument on the matter will be held on Wednesday, October 24, 2012, at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, V Edward M. Brennan, Esquire Attorney for Plaintiff V Frank P. Clark, Esquire Attorney for Defendant bas 4',e-5 Ata jed 7//q??a 1--t I M. L. Ebert, Jr., C= ° J. - - --? Mco m C-- c r- -ea gy m, -< w c7; 3 zc; C= * C.7, - cy" Akfi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant AND NOW, to wit, this No. 2002-614 ~ JURY TRIAL DEMANDED No. 04-6380 Civil Term JURY TRIAL DEMANDED ~ c ~ - _,, s --, map p r~cr. ~~ - c ~ r T~' C'~ =~ ~= ~ _'~ ~ ..~ ~- ORDER ~ ~~ day of ~ ~~ 2012, upon consideration of Plaintiff s Motion to Compel Answers to Discovery and to Compel Attendance at Deposition, and upon agreement of the parties, it is hereby ORDERED and DECREED that Defendants, Generations Management Services, Inc. and Generations Management Services, LLC, shall name a corporate designee for purposes of deposition, as earlier noticed by Plaintiff. These depositions shall be taken on or before December 31, 2012. It is further ORDERED that the depositions of Leonard Kohl, Alan Litt, Drew A. Barile and Jonathan Litt, shall take place in the State of Pennsylvania, on or before December 31, 2012. BY THE COURT: ~/JrraK j~ ~/Q~~,. CSC. v ~d ~''~ ~/~°a nan '~ ~~3~~a ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW CARL R. McALOOSE, : No. 2002-614 ~ Plaintiff : vs. GENERATIONS MANAGEMENT C'~ N ~= SERVICES, INC., :JURY TRIAL DEMANDED - 3 N -~ Defendant ~ rn~ rn s ~ ~ ~~ rn ~ •c CARL R. McALOOSE, No. 04-6380 Civil Term n~ c -~a w ~~ o Plaintiff ~~ ~~ ~~ ' ~= C3 ~' ~ L"3 VS. y~.C Z ~ ....sfT's ' ' ~ .-~ ~ ~ ~-, GENERATIONS MANAGEMENT : SERVICES, LLC, :JURY TRIAL DEMANDED Defendant ORDER ,,\\ AND NOW, this ~~ day of IV d~ ., 2012, upon motion of Plaintiff s counsel and upon the withdrawal of objections filed by Defendants, it is hereby ORDERED and DECREED that Plaintiff is authorized to proceed to serve a subpoena to produce documents or things directed to K & L Gates, LLP, f/k/a Kirkpatrick & Lockhart, as earlier noticed by Plaintiff. BY THE COURT: ~.~ ~~ '~ f i'~2 w ~ C[urC , ~~ Cdcaa.~ ~r~h,~ah . E~ ~P;~s ~,'(~,/ it~j3~ia EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 i a: 0 r PENNS vtiNIq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : No. 2002-614 : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED MOTION FOR SANCTIONS, TO COMPEL ANSWERS TO PLAINTIFF'S DISCOVERY AND MOTION FOR SCHEDULING ORDER Plaintiff, Carl R. I\ cAloose, by and through his attorney, Edward M. Brennan, Esquire, hereby moves this Court to enter an Order sanctioning and compelling Defendants, Generations Management Services, Inc. and Generations Management Services, LLC, to respond to Plaintiff's discovery pursuant to Pa.R.C.P. 4019, and in support thereof respectfully submits that: 1. This case involves an employment contract with Defendants and dispute as to the ownership of shares of stock in same. 2. Suit docketed to No. 2002-614 was initiated on June 21, 2001, and suit docketed to No. 04-6380 was initiated on December 20, 2004. 3. On January 3, 2012, Plaintiff, by regular mail, sent to counsel for Defendants an original set of Interrogatories and Request for Admissions directed to Defendants to be answered within thirty (30) days from the date of service. A copy of said letter is attached hereto as Exhibit "A". 4. Defendants have failed and refused to answer the Interrogatories and Request for Admissions and no objections have been made, despite the lapse of more than thirty (30) days. 5. On February 3, 2012, Plaintiff issued a Notice of Deposition of Corporate Defendant -Designee. Defendants refused to appear for said deposition or assign a corporate designee. 6. Plaintiff previously filed a Motion to Compel answers to these Interrogatories and Request for Admissions on July 9, 2012. This motion for discovery resulted in an Order dated July 11, 2012, wherein this Court ordered Defendants to answer the Interrogatories and Request for Admissions. Despite this Court Order of July 11, 2012, these Interrogatories and Request for Admissions were not answered and should now be deemed admitted. 7. On March 5, 2013, Plaintiff, by regular mail, sent to counsel for Defendants an original set of Interrogatories (Set II) and Request for Production of Documents and Records (Set II) directed to Defendants to be answered within thirty (30) days from the date of service. A copy of said letter is attached hereto as Exhibit "B". 8. Defendants have failed and refused to answer the Interrogatories (Set II) and request for Production of Documents and Records (Set II) and no objections have been made, despite the lapse of more than thirty (30) days. 2 9. This is the second Motion to Compel answers to discovery. This Motion involves recent discovery sent in 2013. This Motion also involves discovery sent in 2012, wherein this Court ordered Defendants to answer certain Interrogatories and Request for Admissions.. Defendants have failed or refused to answer the Interrogatories and Request for Admissions as submitted. 10. In addition, Plaintiff served a notice of intent to subpoena certain documents from K & L Gates, LLP on or about December 30, 2011. Defendants objected to the issuance of the subpoena to K & L Gates, LLP on or about January 18, 2012. 11. After having filed objections on or about January 18, 2012, Defendants withdrew the objections on or about November 13, 2012, thereby allowing this Court to enter an Order directing that Plaintiff was authorized to proceed to issue a subpoena to produce documents or things directed to K & L Gates, LLP, formally know as Kirkpatrick & Lockhart, as earlier noticed by Plaintiff Attached as Exhibit "C" is a true and correct copy of the Order dated November 13, 2012. 12. The subpoena to K & L Gates, LLP was duly served upon K & L Gates, LLP in January of 2013. 13. K & L Gates, LLP responded to said subpoena by letter dated on or about March 15, 2013, to defense counsel, Frank P. Clark, producing and enclosing materials to Attorney Clark bearing Bates Numbers 1 through 2,537. These documents were submitted to Attorney Clark for his review prior to releasing same to Plaintiff 14. Despite repeated attempts by Plaintiff's counsel to obtain the K & L Gates documents from defense counsel, pursuant to said Order of November 13, 2012, these documents have yet to be produced as of the date of this Motion. 3 15. The instant Motion is actually the fourth discovery motion Plaintiff has had to file in this case. The first Motion to Compel Answers to Discovery and to Compel Attendance at a Deposition was filed on July 5, 2012. At that time, there was a discovery motion filed pursuant to Pa.R.C.P. 4009.21(d)(1). That motion involved the objections Defendants filed and later withdrew concerning the issuance of subpoenas; the third discovery motion was a request for the issuance of a commission so that depositions could be taken in New Jersey of certain key members of the Defendants' organization. At that time, Defendants refused to voluntarily appear for depositions in Pennsylvania. See paragraphs 16-18 below. 16. Defendants did answer Plaintiff's Request for Production of Documents dated March 31, 2010, only after a Motion to Compel was filed. These responses were filed on or about October 24, 2012, more than two years after originally submitted by counsel. 17. The discovery motions from July of 2012 resulted in two Orders dated November 13, 2012, authorizing the issuance of the subpoenas and also requiring depositions be taken of the key witnesses on or before December 31, 2012. 18. Two of the witnesses to be deposed refused to abide by the Court Order and were not deposed until January of 2013. The attempts to schedule these individuals go as far back as March 31, 2010. Attached as Exhibit "D" is a letter addressed to defense counsel seeking convenient dates for the scheduling of these depositions. Notices of Deposition were issued for August 16, 2012, at which time Defendants refused to appear. 19. Since being advised that K & L Gates, LLP responded to Plaintiff's subpoena by letter of March 15, 2013 (see paragraph 12), Plaintiff has been attempting to contact Attorney Clark in order to obtain these documents and also in order to schedule a final round of depositions. Despite repeated phone calls to defense counsel, defense counsel himself has not 4 returned a phone call or spoken to Plaintiff's counsel in over six (6) months. The only contact with defense counsel's office was with his paralegal who indicated that she would leave a message for Mr. Clark to call. 20. Plaintiff has made arrangements for expert witnesses to testify on both liability and damages in this case. However, these experts cannot proceed to render their opinions without the documents requested during discovery. Further, the final depositions cannot be scheduled without the cooperation of defense counsel. The last callback received by defense counsel's office was on July 29, 2013. 21. During depositions held on December 12, 2012, and January 15, 2013, witnesses for Defendants indicated that certain records had been lost or they were unable to locate contracts relevant to the above -captioned cases. 22. Plaintiff has been prejudiced by the failure to provide documentation and the spoliation of records despite Plaintiff's requests for same. 23. The delay has also causedprejudice to Plaintiff because of the recollection of witnesses. 24. Earlier motions were also filed in order to compel depositions of certain key witnesses who are managers or who have ownership interest in Defendants noted above. 25. The information sought in all of these discovery requests is essential to Plaintiff in order to properly prepare for trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order imposing sanctions upon Defendants in the above -captioned matters to include default judgment in Plaintiff's favor due to the extreme prejudice and spoliation of the evidence and include default judgment with a trial on damages only; and Plaintiff respectfully requests that this 5 Honorable Court enter an Order directing Defendants to answer outstanding Interrogatories and Request for Admissions dated January 3, 2012, the Interrogatories (Set II) dated March 5, 2013, and the Request for Production of Documents (Set II) dated March 5, 2013, and to produce the documents produced by K & L Gates, LLP, within ten (10) days or suffer further sanctions pursuant to the Pennsylvania Rules of Civil Procedure and to impose sanctions directing that counsel fees and costs be assessed against Defendants for repeated failure to respond or cooperate with discovery requests including, but not limited to, scheduling depositions and turning over subpoenaed documents of K & L Gates, LLP.; finally, Plaintiff requests this Honorable Court to enter aScheduling Order directing that discovery be completed by a date certain and that Defendants cooperate fully so that this matter may be completely litigated on the merits in a timely manner. Date: 5/4/ Respectfully submitted by: Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EXHIBIT "A' Law Offices EDWARD M. BRENNAN Attorney -at -Law 306 Malzantongo Street Pottsville, PA 17901 ToIophn. (570) 628-2461 Fax: (570) 628-4498 January 3, 2012 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Enclosed please find Plaintiff's Interrogatories and Request for Admissions for answer by your clients in the above -captioned cases. Sincerely, EDWARD M. BRENNAN EMB/bap Enclosures cc: Mr. Carl R. McAloose G:\TEMPDOC\C LIENTS\in I089\BAP6607.DOC EXHIBIT "B" • • Law Offices EDWARD M. BRENNAN Attorney -at -Law 306 Maliantongo Street Pottsville, PA 17901 Telephone: (570) 628-2461 Fe.: (570) 628-4498 March 5, 2013 Frank P. Clark, Esquire Clark & Krevsky, LLC 20 Erford Road, Suite 300A P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Enclosed please find Plaintiff's Answers to Defendant"s First Set of Interrogatories in the above matter. I also enclose Interrogatories and Request for Production of Documents for answer by your client. Sincerely, EDWARD M. BRENNAN EMB/hap Enclosures cc: Mr. Carl R. McAloose (G:\TEMPDOC\CLIENTS\m 1089\BAP6607.DOC } EXHIBIT "C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McAL00SE, : No. 2002-614 - Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this \� day of N\1 ., 2012, upon motion of Plaintiff's counsel and upon the withdrawal of objections filed by Defendants, it is hereby ORDERED and DECREED that Plaintiff is authorized to proceed to serve a subpoena to produce documents or things directed to K & L Gates, LLP, f/k/a Kirkpatrick & Lockhart, as earlier noticed by Plaintiff. BY THE COURT: J. EXHIBIT "D" Law Offices EDWARD M. BRENNAN Attorney -at -Law 306 Maliantongo Street Pottsville, PA 17901 Telephone: (570) 628-2461 Fax: (570) 628-4498 March 31, 2010 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Please allow me to follow up on our ongoing discussions in the above matter. Brenda in my office did talk to Jennifer in your office several times about scheduling the depositions of Allen Litt, Leonard Cole, a corporation defendant -designee and Douglas Berry. It is my understanding that you are in the process of obtaining dates from Mr. Litt and Mr. Cole. Please note that I have the following dates available: May 6, June 16 and June 29. Please have Jennifer contact my secretary at her earliest convenience so that we may get a date certain for these depositions. If your clients are not available on any of the above dates I suggested, I will check my calendar for any others dates you may suggest. I intend to subpoena the records of K & L Gates, formally known as Kirkpatrick & Lockhart, concerning the issuance of the shares of stock to Carl McAloose and other documents concerning Generations Management I and II. It certainly would be simpler if your client would agree to the production of these records for my inspection as I had requested earlier. I enclose an Amended Request for Production of Documents. If your client requires a confidentiality agreement in order to produce these documents, I will certainly talk to Mr. McAloose about signing same. I generally have no problem with confidentiality agreements in this type of litigation. Finally, I do intend to depose Steven Adelkoff as well. I believe he was counsel for the corporation and also acted in conjunction with Doug Berry concerning the issuance of shares to Carl. { G: \TEM PDOC\CLIENTS\m 1089\BAP6607. DOC ) Edward M. Brennan Attorney -At -Law March 31, 2010 Page 2 Please contact me as soon as possible, if you intend to object to his deposition. It is important that you call me as soon as possible so that we can discuss the logistics of this case as outlined above. Sincerely, EMB/bap Enclosure cc: Mr. Carl R. McAloose EDWARD M. BRENNAN EDWARD M. BRENNAN, ESQUIRE„ Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, : No. 2002-614 Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED ^ CERTIFICATE OF SERVICE `� AND NOW, this (Y � day of , 2014, I, Edward M. Brennan, Esquire, do hereby certify that I served a true and correct copy of the foregoing Motion for Sanctions, to Compel Answers to Plaintiffs Discovery and Motion for Scheduling Order and Memorandum of Law in Support of Motion, by depositing same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC 20 Erford Road, Suite 300A P.O. Box 1254 Camp Hill, PA 17001-1254 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff CARL R. MCALOOSE, PLAINTIFF V. GENERATIONS MANAGEMENT SERVICES, INC., DEFENDANT CARL R. MCALOOSE, PLAINTIFF V. GENERATIONS MANAGEMENT SERVICES, LLC, DEFENDANT : IN THE COURT OF COMMON PLEAS OF c : CUMBERLAND COUNTY, PENNSaVIIA_1; =PI zx, r- -< cnr t' cD , -[ —s --f c, zQ MK F. 7" : IN THE COURT OF COMMON PLE7 S 401F ...: : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-614 CIVIL : NO. 04-6380 CIVIL IN RE: MOTION FOR SANCTIONS, TO COMPEL ANSWERS AND MOTION FOR SCHEDULING ORDER ORDER OF COURT AND NOW, this 6th of May, 2014, upon consideration of the Plaintiff's Motion for Sanctions, to Compel Answers to Plaintiff's Discovery and Motion for Scheduling Order, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested by Plaintiff should not be granted; 2. The Defendants shall file an Answer to the Motion on or before May 30, 2014; 3. Hearing/Argument on the matter will be held on Monday, June 23, 2014, at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ..-ward M. Brennan, Esquire Attorney for Plaintiff .,--Frank P. Clark, Esquire Attorney for Defendants bas CI) ties. trzu.41c,cL sNitf EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 FILED -OFFICE OF E PROTHONOTARY 2014 NAY 19 Pll 2 42 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC Defendant CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : No. 2002-614 : JURY TRIAL DEMANDED : No. 04-6380 Civil Term : JURY TRIAL DEMANDED MOTION FOR CONTINUANCE Plaintiff, Carl R. McAloose, by and through his attorney, Edward M. Brennan, Esquire, hereby moves for a continuance of the oral argument set for June 23, 2014, at 10:00 a.m., in the above matter, and in support thereof respectfully submits that: 1. Plaintiff filed a Motion for Sanctions, to Compel Answers to Plaintiffs Discovery and Motion for Scheduling Order on May 5, 2014. 2. On May 7, 2014 this Honorable Court entered an Order scheduling oral argument on the said Motion for June 23, 2014, at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 3. Plaintiff's counsel is set to appear before the United States Court of Appeals for the Third Circuit in Philadelphia for oral argument on the same date and time in the case of Blythe Township and FKV, LLC vs. St. Clair Borough, et al., Case No. 13-4694. 4. Immediately after oral argument in Philadelphia, Plaintiff's counsel is due to travel to Cape May, New Jersey, for a prepaid vacation from June 24, 2014, through June 29, 2014. 5. Defense counsel is not opposed to Plaintiff's request for continuance of oral argument. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reschedule the oral argument for sometime in July, 2014. Respectfully submitted by: Date: i t/ &rt4g#Af Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff 2 EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, : No. 2002-614 Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED CERTIFICATION OF ADDRESSES Pursuant to Cumberland County R.C.P. 208.3(a), I hereby certify that the following are the parties to be served with copies of the accompanying proposed Order and that these are their addresses to the best of my knowledge, information and belief: Attorney for Plaintiff: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Attorney for Defendant: Frank P. Clark, Esquire Clark & Krevsky, LLC 20 Erford Road, Suite 300A P.O. Box 1254 Camp Hill, PA 17001-1254 It is hereby further certified that the undersigned has provided to the Prothonotary copies of the foregoing, and pre -stamped, addressed envelopes for each of the above -captioned parties for service by the Prothonotary pursuant to Cumberland County R.C.P. 208.3(a). Date: T) J S /I tt VA.4044.0-T 'Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, : No. 2002-614 Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED i,, CERTIFICATE OF SERVICE AND NOW, this 154k day of 1)1 , 2014, I, Edward M. Brennan, Esquire, do hereby certify that I served a true and correct copy of the foregoing Motion for Continuance,_ by depositing same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 Afr14411411 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, : No. 2002-614 V Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil. Term Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant AND NOW, this a day of : JURY TRIAL DEMANDED ORDER , 2014, upon consideration of Plaintiff's Motion for Continuance, hearing/oral argument is rescheduled to the 444k-- day of , 2014, at (Di' .m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvanian BY THE COURT: 41,1,1 11414T. el2a.k. 4;3/IC( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARL R. McALOOSE, No. 2002-614 Plaintiff v. GENERATIONS MANAGEMENT : SERVICES, INC., Defendant CIVIL ACTION LAW JURY TRIAL DEMANDED M r---° Zr: M .7.1. = ".7 -< -- . cn r f•-•3 ^r- , -‹ -1, CARL R. McALOOSE, No. 04-6380 Civi Plaintiff v. GENERATIONS MANAGEMENT : SERVICES, INC., Defendant CIVIL ACTION LAW G.) JURY TRIAL DEMANDED DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION OF SANCTIONS Defendant, Generation Management Services, Inc., by and through his attorney, Frank P. Clark, of CLARK & KREVSKY, LLC., and files this Response in Opposition to Plaintiffs Motion for Sanctions to Compel Answer's to Plaintiff's Discovery and Motion for Scheduling Order by the following: 1. Denied as stated: a. Matter No. 2002-614 is an action against Generations Management Services, Inc., (actually known as Generations Management Services, LLC, a Pennsylvania limited liability company referred to herein as the "Pennsylvania LLC ") styled as a "refus[al] to acknowledge" and /or a "refusal to honor" Plaintiffs alleged ownership interest in the Pennsylvania LLC and /or failure to protect Plaintiff s alleged minority shareholder rights. b. Matter No. 04 -6380 is an action against Generations Management Services, Inc., (actually known as Generations Management Services, LLC, a Delaware limited liability company referred to herein as the "Delaware LLC ") styled as the Delaware LLC's alleged conspiracies with the Pennsylvania LLC, to refuse to protect Plaintiffs alleged ownership interest and /or suppress Plaintiff's alleged minority ownership interest in the Pennsylvania LLC. c. By way of further answer, the Pennsylvania LLC has no known operations, no known current officer or directors. d. By way of further answer, the Delaware LLC has no known operations and its assets have been assigned for the benefit of its creditors. 2. Admitted. 3. Admitted. 4. Denied as stated. Because there is no current functioning entity for the Pennsylvania LLC, there is no person available to provide said information requested. 5. Denied. Plaintiff issued a Notice of Deposition of Corporate Defendant- Designee for Delaware LLC, and on December 12, 2012, Drew A. Barile, of Delaware LLC, sat for said deposition in Pottsville, PA. 6. Denied as stated. Because there is no current functioning entity for the Pennsylvania LLC, there is no person available to provide said information requested. 7. Admitted. 8. Denied as stated. Because there is no current functioning entity for the Pennsylvania LLC, there is no person available to provide said information requested. 9. The averment is a legal conclusion to which no response is required and is therefore denied. To the extent an answer is required, there is no current functioning entity for the Pennsylvania LLC, there is no person available to provide said information requested. 10. Admitted. 11. Admitted. 12. Admitted, on information and belief. 13. Admitted. 14. Denied as stated. Plaintiff counsel and Defense counsel have each missed each other's sporadic calls, but Defense counsel and Plaintiff counsel spoke on or about May 20, 2014, at which time Defense counsel promised production of responsive subpoenaed "K& L Gates documents," which are being produced to Plaintiff s counsel the week of June 2, 2014. 15. Denied as stated. Plaintiff sought depositions of these representatives of the Delaware LLC: Drew Barile, Alan Litt, Jonathan Litt and Leonard Kohl. Kohl is deceased. Since Barile was based in New Jersey and both Alan Litt and Jonathan Litt are based in New York, the location of depositions were disputed, but Defendants voluntarily agreed to hold the same in Pottsville, PA. Accordingly, Barile was deposed there on December 12, 2012, and both Alan Litt and Jonathan Litt were deposed there on January 15, 2013. 16. The averment is a legal conclusion to which no response is required and is therefore denied. 17. The averment is a legal conclusion to which no response is required and is therefore denied. 18. Denied as stated. Plaintiff sought depositions of these representatives of the Delaware LLC: Drew Barile, Alan Litt, Jonathan Litt and Leonard Kohl. Kohl is deceased. Since Barile was based in New Jersey and both Alan Litt and Jonathan Litt are based in New York, the location of depositions were disputed, but Defendants voluntarily agreed to hold the same in Pottsville, PA. Accordingly, Barile was deposed there on December 12, 2012, and both Alan Litt and Jonathan Litt were deposed there on January 15, 2013. 19. Denied as stated. Plaintiff counsel and defense counsel have each missed each other's sporadic calls, but defense counsel and plaintiff counsel spoke on or about May 20, 2014, at which time defense counsel promised production of responsive subpoenaed "K& L Gates documents," which are being produced to plaintiff counsel the week of June 2, 2014. 20. After reasonable investigation, Defendants are unable to admit or deny and the same is therefore denied. 21. After reasonable investigation, Defendants are unable to admit or deny and the same is therefore denied. 22. The averment is a legal conclusion to which no response is required and is therefore denied. 23. The averment is a legal conclusion to which no response is required and is therefore denied. 24. The averment is a legal conclusion to which no response is required and is therefore denied. 25. The averment is a legal conclusion to which no response is required and is therefore denied. WHEREFORE, Defendant respectfully suggest that this Court deny Plaintiff's Motion for Sanction to Compel Answers to Plaintiffs Discovery and Motion for Scheduling Order. DATE:May 30, 2014 Respectfully Submitted, CLARK & KREVSKY, LLC :I-7-1-f CV By: Attorney ID: 35443 P.O. Box 1254 Camp Hill, PA 17001 (717) 731-8600 (717) 731-4764 Fpc@Clark-Krevskylaw.com Attorney for Defendant (s) CERTIFICATE OF SERVICE I, FRANK P. CLARK, hereby certify that today, May 30, 2014, I served a true and correct copy of DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR SANCTIONS TO COMPEL ANSWERS TO PLAINTIFF'S DISCOVERY AND MOTION FOR SCHEDULING ORDER in the above - captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as follows: SERVICE UPON: Edward M, Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Date: May 30, 2014 ,u,o4i0z4 Frank P. Clark Attorney ID: 35443 P.O. Box 1254 Camp Hill, PA 17001 (717)731 -8600 (717)731 -4764 Fpc@Clark- Krevskylaw.com Attorney for Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND,, COUNTY c . -fr=.; K3 CSA t.,. t.1l - -- CARL R. McALOOSE, No. 2002-614 Plaintiff v. GENERATIONS MANAGEMENT : SERVICES, INC., Defendant zr- (J3:7 .. R CIVIL ACTION LAN Q • JURY TRIAL DEMAND -ED CARL R. McALOOSE, Plaintiff V. GENERATIONS MANAGEMENT : SERVICES, INC., No. 04-6380 Civil Term CIVIL ACTION LAW JURY TRIAL DEMANDED Defendant MOTION TO WITHDRAW AS COUNSEL NOW COMES, Frank P. Clark, of Clark & Krevsky, LLC, who moves this Court to withdraw as counsel for Defendant in the above -captioned matters and avers as follows: 1. The undersigned entered his appearance for the Defendant in the above -captioned matters. 2. The Defendant in No. 2002-614, is in fact Generations Management Services, LLC, a Pennsylvania limited liability company (the "Pennsylvania LLC"). 3. The Defendant in No. 04-6380 is in fact Generations Management Services, LLC, a Delaware limited liability company (the "Delaware LLC"). 4. In or about 2002, the Delaware LLC acquired the assets of the Pennsylvania LLC. 5. To the undersigned's knowledge, the Pennsylvania LLC has no ongoing activities, and the Delaware LLC has directed all decision-making in the above -captioned matters. 6. Despite demands by the undersigned, the Delaware LLC is unable and refuses to meet its obligations to the undersigned. 7. The decision -maker formerly employed by Pennsylvania LLC has since left its employ. 8. The decision -maker of the Delaware LLC represented to the undersigned that its assets have been turned over to creditors, that an unidentified attorney is controlling its operations and paying creditors; the undersigned has made multiple requests of the decision -maker for contact information of that attorney, but it has not been provided to date. 9. The Delaware LLC has discontinued in fulfilling financial responsibilities to the undersigned. 10. The undersigned has advised the decision -maker that its lack of cooperation necessitates a request to withdraw from this action. 11. Rule 1.16 of the Rules of Professional Conduct, in part, permit a lawyer to withdraw from a matter when: GG (4) The client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (5) The representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client....." 12. The undersigned submits that the factors described in paragraph 11 above are satisfied and warrant the undersigned's withdrawal. 13. The undersigned advised the client of his intent to withdraw as counsel and can represent to the Court that the Client does not object to withdrawal. 14. The undersigned sought concurrence from Plaintiff's counsel, Edward M. Brennan, as to this Motion to Withdrawal as counsel, and can represent to the Court that Plaintiff has no opinion as to withdrawal. WHEREFORE, Frank P. Clark requests this Honorable Court enter an order granting his withdrawal from the above -captioned matter. Date: July 28. 2014 Respectfully Submitted, CLARK & KREVSKY, LLC By: ee^ Frank P. Clark, Esquire Attorney ID: 35443 P.O. Box 1254 Camp Hill, Pa 17001 (717) 731-8600 (717)731-4764 (fax) Fpc@Clark-Krevskylaw.com Attorney for Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARL R. McALOOSE, Plaintiff v. • GENERATIONS MANAGEMENT : SERVICES, INC., Defendant No. 2002-614 CIVIL ACTION LAW JURY TRIAL DEMANDED CARL R. McALOOSE, No. 04-6380 Civil Term Plaintiff CIVIL ACTION LAW v. JURY TRIAL DEMANDED GENERATIONS MANAGEMENT : SERVICES, INC., Defendant : CERTIFICATION OF ADDRESSES Pursuant to Cumberland County R.C.P. 208.3(a), I hereby certify that the following are the parties to be served with copies of the accompanying proposed Order and that these are their addresses to the best of my knowledge, information and belief: Attorney for Plaintiff: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Attorney for Defendant: Frank P. Clark, Esquire CLARK & KREVSKY, LLC P.O. Box 1254 Camp Hill, PA 17001 It is hereby further certified that the undersigned has provided to the Prothonotary copies of the foregoing, pre -stamped, addressed envelopes for each of the above -captioned parties for service by the Prothonotary pursuant to Cumberland County R.C.P. 208.3(a). Date: July 28, 2014 ci\A Frank P. Clark Attorney ID: 35443 P.O. Box 1254 Camp Hill, PA 17001 (717)731-8600 (717) 731-4764 Fpc(a,Clark-Krevskylaw. com Attorney for Defendant(s) CERTIFICATE OF SERVICE I, FRANK P. CLARK, hereby certify that today, July 28, 2014, I served a true and correct copy of the MOTION TO WITHDRAW AS COUNSEL in the above -captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as follows: SERVICE UPON: Edward M, Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Date: July 28, 2014 Frank P. Clark Attorney ID: 35443 P.O. Box 1254 Camp Hill, PA 17001 (717)731-8600 (717)731-4764 F pc(a" C l ark-Krevskyl aw. com Attorney for Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARL R. McALOOSE, Plaintiff v. GENERATIONS MANAGEMENT : SERVICES, INC., Defendant No. 2002-614 1 CIVIL ACTION LAW JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff v. • GENERATIONS MANAGEMENT : SERVICES, INC., Defendant No. 04-6380 Civil Term CIVIL ACTION LAW JURY TRIAL DEMANDED ORDER AND NOW, this 28th day of July, 2014, on. Motion of Frank P. Clark to withdraw as counsel for Defendants in the above -captioned matters, it appearing to the court that good grounds exist for said withdrawal, said Motion is GRANTED. c, >- c:15 4t:C C!) J Cf) -.J CCC m . - J BY THE COURT: CARL R. McALOOSE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : CIVIL ACTION - LAW GENERATIONS MANAGEMENT SERVICES, INC., / Defendant : 02-0614 CIVIL TERM ✓ CARL R. McALOOSE, : IN THE COURT OF COMMON PLgi Ods m -n Plaintiff : CUMBERLAND COUNTY, PENNSY�NIgi m (J) -- V --i c CIVIL ACTION - LAW CO -'-1 MK� c) a'-5 c) GENERATIONS MANAGEMENT �' }j SERVICES, LLC : 04-6380 CIVIL TERM -< IN RE: MOTION FOR SANCTIONS AND TO COMPEL ANSWERS ORDER OF COURT AND NOW, this 4th day of August, 2014, after hearing in the above -captioned matter in regard to outstanding discovery, and it appearing that the defendant's attorney has been released from the case, IT IS HEREBY ORDERED AND DIRECTED that counsel for plaintiff shall provide the Court with a specific list of all outstanding discovery he is requesting in this matter pursuant to his proposed Order, paragraph 2. IT IS FURTHER ORDERED AND DIRECTED that Mr. Clark shall submit to the Court for in camera review all of the redacted materials pertaining to the Cahill Gates LLP file produced in 2013. The Court will review these in camera and determine whether or not they can be released to McAloose V Generations Management 02-0614 and 04-6380 Civil Term In Re: Motion for Sanctions and to Compel Answers the plaintiff. It is understood that the objection to release is attorney/client privilege. This Court advises the parties that upon receiving the list from Mr. Brennan regarding the outstanding discovery, an Order shall issue for completion of that discovery. Any failure to comply with the Order may result in judgment being entered against a party who has failed to comply. By the Court, Edward M. Brennan, Esquire For the Plaintiff ank P. Clark, Esquire For the Defendant :mtf Sj4ii/iy EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law. 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 0 A 20FLOCT 00 : 0 1.t LA AND COUNTY PE VAN! A IN THE COURT QF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, : No. 2002-614 Plaintiff vs. GENERATIONS MANAGEMENT SERVICES; INC, Defendant PRAECIPE TO SETTLE, END AND DISCONTINUE To: David D. Buell, Prothonotary Kindly mark the above -captioned matter assettled, ended and discontinued with prejudice. Date: 101991/ft/ Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 396 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, : No. 2002-614 Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CERTIFICATE OF SERVICE AND NOW, this (-C1-1-day of ©Ci) , 2014, I, Edward M. Brennan, Esquire, do hereby certify that I served a true and correct copy of the foregoing Praecipe to Settle, End and Discontinue, by depositing same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Lee M. Epstein, Esquire Flaster Greenburg 4 Penn Center 1600 JFK Blvd., 2nd Floor Philadelphia, PA 19103 dward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff