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Home My WebLink About02-0572 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. yOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURT.H. ER NOTICE FOR ANY HONEY CLAIMED IN THE COHPLAINT OR ~OR ANY OTHER CLAIN OR RELIEF REQUESTED BY THE PLAINTIFF. YOU ~Y LOS~ MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBE~ OOUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717 249 3166 --I--- f33 (~lv) :x STANLEY BETHEA, : Plaintiff : : VS. : : NATIONAL FOOTBALL LEAGUE : Defendant : IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION--LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT The National Football League, by and through its counsel, McNees, Wallace & Nurick, hereby makes the following Preliminary Objections to Plaintiff!s Complaint: PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER TO COUNTS I ~NiD~ II OF PLAINTIFF'S COMPLAINT 1. As Plaintiff sets forth in Paragraph 4 of his Complaint, in 1997, Plaintiff filed an action in Federal Court against Defendant based upon the same factual ~llegations set forth in this Complaint. 2. A true and correct copy of the Complaint filed by Plaintiff in the Federal Court is attached hereto, made a part hereof, and marked Exhibit "A". 3. In the Federal action, Plaintiff moved to amend his Complaint to add claims for fraud and negligent misrepresenta- tion. A true and correct copy of that Motion to Amend is attached hereto, made a part hereof, and marked Exhibit "B". As Plaintiff also states in Paragraph 4 of the Complaint, final judgment was entered by the Middle District Court in Plaintiff,s Federal Court action. A true and correct copy of Judge Caldwell's Order dated October 31, 1997 is attached hereto, made a part hereof, and marked Exhibit "C". 5. As set forth in Judge Caldwell,s Order (Exhibit "C"), before dismissing the case, Judge Caldwell granted Plaintiff's Motion to Amend his Complaint to add claims for fraud and negligent misrepresentation. 6. In the Federal Court Order, the Court dismissed Plaintiff's Complaint, including the claims of age discrimination, frau!: and negligent misrepresentation. 7. In the instant action, Plaintiff fails to set forth a claim upon which relief can be granted because his c!alm~ ~re barred by the doctrine of res judicata. 8. That is, the parties to both actions are the same, Plaintiff's claims are based upon the same factual background, and the ultimate and controlling issues are identical. 9. B~cau'~e Plaintiff has already had an opportunity to appear and assert his rights in Federal Court, the instant action is barred by the doctrine of res judicata. WHEREFORE, Defendant National Football League, respectfully requests that Plaintiff's Complaint be dismissed for legal insufficiency. f: pRSLIMINARY OBJECTION IN THE NATURE OF A DEMURRER AS TO COUNTS I AND II OF PLAINTIFF'S COMPLAINT 10. In Counts I and II of his Complaint, Plaintiff purports to allege a claim of "deliberate negligence". 11. Pennsylvania does not recognize a tort of "deliberate negligence". 12. In the alternative, Plaintiff has failed to state a claim for "deliberate negligence" upon which relief can be granted. WHEREFORE, Defendant National Football League, respectfully requests tha'd Plaintiff's Complaint be dismissed for legal insufficiency. pRELIMINARY OBJECTIQN IN THE NATURE OF A DEMURRER TO COUNTS I AND II OF PLAINTIFF'S COMPLAINT 13. In Paragraph 5 of )}~ .~0mplaint, Plaintiff States that he was eligible for the NFL draft and appears to state that the draft procedures are attached as Exhibit "A". Unfortunately, Plaintiff has attached only three (3) pages of the draft procedures to the Complaint. 14. Because Plaintiff relies on a written document, the draft procedures, to establish that he was eligible for the draft, Defendant appropriately attaches a true and correct of the Eligibility Rules and Draft Procedures and refers to them. A true and correct copy of the Eligibility Rules and Draft Procedures are attached hereto, made a part hereof, and marked Exhibit "D". 15. As Exhibit 'D" establishes, the rule specify when a prospective football player is eligible to participate in the annual player draft. 16. A prospective player who plays college football generally is eligible for the draft in the year following the expiration of his college eligibility, and prospective players who do not play college football are generally eligible to participate in the draft held four (4) years after they e~:er college. (Exhibit 'D", ¶(1) and (4)). 17. If selected in the draft by an NFL member team, a prospective football player is placed on the reserve list of that team and, for a period of time, or until released by the team, may negotiate and accept employment 0nly with that team. 18. Prospective football players who are eligible for the draft but not selected are thereafter 'free agents" and are free to seek and accept employment with any member team of the National Football League. 19. Because'Plaintiff entered college in the early 1970's, (Complaint, ¶9) he would have been eligible for one of the annual drafts conducted in the mid-1970's. 20. In 1997, when Plaintiff alleges he applied for the draft, he was actually a "free agent" and was free to seek employment with any member team in the National Football League directly. :,~'F · WEDNESDAY August 1, 2001 Harrisburg, Pa. SPORTS Carter_ .Mks _ ,_de al ' ' ' I ' ~'~ .... mj ured' ' running" 'Chance Redskms gtve oft "~/~vaoa r~ - signedlast n~t . .'. ~ ...: can ~t0 the OF THE PATRIOT-NEWS ~" ~ ~ere is ~'si~ffic~t pla~r ab~n~. (>-l~g:- -.,. .... ': T -~' g .'~ .......... ; " · ' , ~ ~....: ...... ~d one phyer ~nt~u~ h~ eff0~ .,~ Bu~, M~ ~hoffenhe~er, ~e Red- ~g- Day Two ~fW~hingon. t0 ~ a ~ition swRch ~0ng Wang; ;~[ ~[~l~ ~h, '~s ar d~erent ~ a hitch at DieRi~n ~oRege s Bid- ,~,S~r~ is a ~onst~t mr piayers~~g~,~i~k~ y~ew. bruises ~ted w~th m.a~y urac-. 'm~d~. ~X~ Them were someplayer additions, ~n- ~met~';'-~ou~, ~"'mer~-~ ' Dm ~uding former Pe~ Sm~ ~running ~e bad.~wm ~ ~ t9 lea a back ~ma C~erj w~0 ~ y~ter-. ~ ne~ ~siU~' ~ay..~d;r0und pick:~'~,.~m~t,. o~er from M~issip~i, 8ate, onty? mprove '~Y ~ F'I.OUNOERS ........ : ,:- ~ ;about the s0phomoro jinx. ':~. ~ Now a bR older and hopefully a bit Wiser, AlTington heads into his second -- L~Vi~r Arringt0n's -pro season knowing {hei'e's nowhere to fame last season was knocking. 'go but ~p. He's trimmed a few pounds Aikman out of professional foot- .',~ff._h.~.physique anti is expected to start ' ' : ' r ', :_::at ~tr.bhg-side linebacker for Marty Not so hnpressive for the No. 2 pick'~'Sdh0tf~heimer's Washington Red- overall in the drai't, considering the ,skins.' '," ..... punchy Aikman's knees buckled and The question, though, still begs . . . his eyes glazed over every time a stiff will the pro football world ever see the breeze blew. college version of LaVar Arrington? But last year was what it was for Ar- Can he still change the course of a M~c.^t, r£ss^~o~z rington: a disappointment. He was game in a single leap, or run down a OFTHE PATRIOT-NewS merely ordinary, leaving the cape and eeiver from behind, or take away one LaVar Arrin~ton ~ets a little stretch- the ~iant "S' in a State College storage side of the field? .REDSKINS/ 'Change shows From Pags C1 his quickneSS,-~said Schotten. The"goo~t news:.He'S a start, heimer, asked about his deCi. er, instead of backing up Bruce sion to move Lang. S~i~ a/Id Marco Coleman.' "Hey; he's going"to have. mo- ', I m just strfbfly a defer!sivi men~s where his footwork isn't ta~ltl~,'- gafd Lung, after-.wash'going to be what it is supposed ington'gaftern-o0npractice. -.to be .and they're 'liable 'to t.:~J,oi~;. Y,?u..k~.o~, ._s.~me~ ~lsn~k :him five yards Up the gu:m me nuuale, I look riel& 'But I .tell you What,'-~e at Marco [coIerdani'.an~ I ~tm;t ~ ~U~'s got quickness 'an in .... ' ..... ~ . .~:. , , . . d hes cry g:ImjeaIous;.Iwanttogo coiilpeting and he-will be a .over the.re an:'bbwl him'out 'of f0i~ 'as a pass rusher m th~ W'a~."' - . . . side, in the middle ofthat'front." - .It's earlY;" But . Clearly th'ese:i Yeiterday'~ :morning orac- are'not Norv Turner's R~dslii: ' .... : , ~ ns tlce, which lasted tWo hours anymoi-e~ The -.P~;acti~ei ' ~re and i5/ninutes, chimed a few longer and more intense. There are. Iess distradtions and: more attention is being pad m the .smallest detail. It/s the Schot- tenheimer Way. ' '," is the word used to describe_ .this training camp. It is'a Word no to describe ' Turn-~ps training camps. ' ' "Bring your. hard hatout .and victims. Outside !inebacker La- Var Arrington had to leave-the field after cramping up. He did not return, for the afternoo'U practice. Two other Redskins of note ~were limited in the second practice. 8chottenheimer said star ting' q~iar t~'rb-ack Jeff George had' minor-right shoul- der discomfort and was held come to work,7 Langsaid. out as a precaution. Tight end "If you ain't coming to work, Stephen Alexander didn't par- ' coach Schottenheiifler. already ticipate because .of a minor said yOU. might as well sLay, in hamsh~ingprobleni. · '/he il0i'm/~m~ndg~h0mb- "1""' Wash~0h,~igned two free :' 'Langl ~aid the"~/djustrne'n~ :~ [ a-gert, ts it auu ~ose 'some. money or 'do 1 ' . want' to Oe.a starting lin : · , - ....... ... ~, ~ :__ .Th.e, Redskins .top draft pick, ~idd make, some mO, neY?/.. Ling Wide receiver Red Gardner,' re- Steelers Will Stewart slasl~. or bum? Browns. Butch Davis brings credibi!.'~y to strugghng team Redskins Schottenheimer b~ngs ~W atUtude to Wash,ngton KNOW rT ALL~ of all 31 teams KNOW FF NOW: Plus, 2002 draft preview sPortingnews.com A0L keyword: TSN PRICE: $5.99 ($6.99 Can.) DISPLAY UNTIL OCTOBER 10, 2001 N Pitisburgh RB Jerome Betlts Predicted Record 7-9 1 '1 28 TSN · 2001 PRO FOOTBALL BY PAUL WOODY AoYear ago, the Redskins were putting together the pieces r what they thought wes going to be a nm to the Super Bowl. Now, the team is picking up the pieces from what turned out to be a super dud of a seeson. The Redskins looked excellent at times, beating Baltimore, Tampa Bay and St. Louis, and wretched at times, losing to Dalles twice and Arizona. Now, the business is under new management, more or less. Many Schottenheimer hes taken over es coach/d/rector of foothall opera° fions. Daniel Snyder, the most hands-on owner in the league, hes stepped into the background, intent on giving Schottenheimer everything he wants. What Schottenheimer wants is quickly to turn the team into a playoff contender. He hes replaced every coach on the staff, except defensive line coach Mike Trgovac, and even hes new equipment managers on board. The roster hes been churned so much the players might have to carry a ros- ter to the preseeson practices to identi~ff players lining up next to them. What Schottenheimer hopes to get from all of this is a single- minded, disciplined, fundamentally sound offense, an a~acking, indomitable defense and special teams that consistently win the field-position battle. What coach doesn't want all that? First, Schottenhemier must re- establish a winning attitude, an aCdtude that hes been missing since Joe Gibbs lei~ after the 1992 seeson. Schottemheimer hes one advantage Norv Turner never had. Schott~a!heimer hes complete author/ty for every decision in the organizaQon. There will be no going over his head to the owner when things aren't going the way selected veterans want. This is Schottenheimer's show, end it is very much a ~my way or the beltway" world these days in Washington. COACHING Scho en e er wants one voice, his, to speak for More on the Redskins at www.spertlngnews.oomlnfl/teams/redsklas the organization, and he wants everyone in the orgamzation to be of one rnmd, espe- dally the coaching staff. That really should- n't be a problem. Most of the coaches have been w/th Schottenheimer for mom than a decade and some their entire lives-literally. Kur~ Schottenheimer, Marty's brother, is the defensive coordinator. Brian Schottenheimer, Marty's son, is the quar~er- backs coach. The advantage of having such a familiar, veteran group is that Marty Schottenheimer win waste no time explaining how he wants things done. The disadvantage is that when the staff has been together for so long, new ideas are hard to find. $chottenheimer has Wied to prevent that by bringing in so many coaches-the team has 18, with a good mix of young, middle-aged and older staff members. Perhaps the biggest challenge will be faced by wide receivers coach Richard Mann. He must rebuild a unit that has one holdover, Michael Westbrook, from the previous regime. Mann must find a way to motivate Westbrook, instruct rookie Rod Gardner and blend in Kevin Lockett and other newcomers so quarterback Jeff George will have an adequate number of targets. Kurt Schottenheimer's biggest challenges will be to get performances from a defen- sive line that is showing some age and a young group of cornerbacks. He has one thing in his favor. Outside linebacker LaVar Arrington has the most playmaking ability of any player on the defense, and the Schottanheimers am intent on finding ways to get Arrington in position to make those plays. ~I[~[B[: B OFI::EI~E Quarterbacks--The' Redskins want to run a West Coa~ offense, but in G~orge they have a qum'terback who is more inclined to try to throw the ball to the West Coast than throw it to a running back in the flat in a controlled passing game. George's arm still makes him one of the premier physical talents in the game. He can zip the ball to a receiver even when he throws off of his back foot. His rele~e is quick, and even with his velocity, he still throws a very catchable, tightly spiraled ball. George's ann is a blessing and a curse. He can put the ball in places other quarter- backs avoid. He also is willing to take chances because of his ann, and sometimes those chances are ill-advised. The big question is whether George win go with the program, and Mar~y Schotten_heimer must consider exactly what he wants the program to be. He tends to favor a power running game and a calculated passing game. But with Westbrook and Gardner in the lineup, the Redskins have big, strong receivers who have some of the same talents as Randy Moss and Cris Carter. George had one of b~ best seasons when he was throwing the ball downiield to those receivers with SCOUT'S VL;W An qqmmt Immks down the Redskins OffensivelY, Re Redekir~s have some solid players and some gaping holes. The big question centers on Jeff George. He is a talented but inconsistent quarterback who is mostly a poor leader. It will ho interesting to see if new coach Many Schottenheimer has a posi~ve impact here. Barring the Iste signing of another qu~rtmlxlck, Todd Husak and rookie Sage Resantels will ho the backups.... The dddiUon of rookie wide receiver Rod Gardner, the team's top draft pick, should be big. Michael Wnstbrsok is dangerous when healthy, and Kevin Lockutt, a solid No. 3 receiver, knows the offense. .. The offensive line is solid on the outeide--Jon Jansen and Chris Samuels are young bookend tackles who are stars on Ute riso---but weak inside, where the guards are untested and center Cory Raymar is coming off a knee injury..~..The drafting of Fred Smoot gives the defense a capabis reptacemont at COme~ if Delon Sanders is released.... Losing unspectacular but solid middle llfiebacker Derek Smith wgl huff"some. Although the ffee-agancy loss of defensive tackle Dana there is no obvious replacement.... Schottenheimer is a head Coach in Qeveland and Kansas City. He will this team desperately needs. Unlike in recent years, TBN · 2001 PRO FOOTBALL 129 · This could be a big year for Stephen ~ Alexander On paper, the West Coast offense makes good use of the tight end. Alexander is on the verge of a breakout season. With fullback Larry Centers gone, the fight end becomes the safety valve for the quarterback. A player to watch is Darnerien McCants, a fifth-round draft pick from Delaware State. He could catch 30 passes, but each reception might be memorable for its impact ~ff~OE: C ~Jn~The corners are covered, but the aiddle is the concern. The Redskins ave perhaps the best pair of young tack- ~ in the league in Jon Jansen at fight :kle and Chris Samuels at left tackle. The only question about Samuels is how good he wants to be. He has the size. agility, quickness, arms and hands to be as good as any left tadde in the league. Jansen is big, tough, durable and committed to the idea of being the best fight tackle in the league. Cory Rayme~ is back to play center a/~er missing last season because of a knee injury. Raymer is solid, recognizes defenses and has learned to pick up blitzes. The questions are at guard. The Redskins triad to answer at least one of them by signing Matt Campbell to play left guard. He is a proven, durable veteran and should give the team a solid effort. He also can be a back up at tack- le, a boon to the team because it had no veteran backups for Jansen and Samuels. The team moved Michael Moore from fight to left guard and put Derrick Fletcher on the fight side. ff Campbell is forced to move to tackle, Moore will be more comfortable on the left side. Moore is big and tough enough and has decent ~ #~. ~ S~ra~/s, m~o ~ ~ t~ t~ t~ as goo~ short-area quickness, but he must prove asyl~t~leiatt~l~gu~,..~rt~116~m~t~roo~e~r. he can pull effectively. If Fletcher harnesses his power and potential, he He wore down last season, but this year could be a rugged, physical blocker and an that should be less of a problem. ideal running mate for Jansen. With Fischer in reserve and Campbell Backup Mark Fischer can play any posi- capable of baeldng up at tackle, the team tion on the line but is best suited for guard has lessened its depth problems. Instead of and cant~. He's smart, quick and durable, being emadated after the starting five, now ~_-' ':~ -gltamp Bailey is~t~ ~. _lx~nl_ mgofle ~.~e ~te ~ in the. gam~.. He ,~ has the size, iipeed, athlettc ability, Intefllgence and toughness to do his Job at a conmsmm]Y. ~' high level in each game~ Bailey COuld play a number ofposillons, including wide [eceive~ am] ~ PUnt returner, and excel at any 'of theme' F-acfi year he gets a bit better, and this s~ -et"l he ~ could give a performance that puts him over the top. Bailey has become more confident ~ without getting cocky. He believes strongly In his abili~ and goes about preparing in ~.quiet, caJm manner.,aJId though he longs to siQend more time at wide receiver, he. iml~ !lke~ To get a chance to do that this seasoft.' Bailey is the co~ teara8 hind to avoid, al~d he s too ~ valuable to risk wemin him on both sides of the baJ]. the team is just thin. GRADE: B- DEFENSE the offen- sive line, the question on the defensive line is the strength up the middle. Dan Wilkinson can be as good as any tackle in the league when he's motivated and rolling. Kenard Lang holds the other tackle spot, and at 277 pounds, he's undersized. Lang must make excellent use of his quickness and leverage to be effective at the position. Lang is in the final year of his contyact, and ff he hopes to make a big splash in free agency, he needs a good season. Marco Coleman is a solid right end. His ability to stay low and take advantage of his leverage makes him one of the more effective run stoppers in the league. Coleman never takes a play off in practice or games and doesn't let little things, such as nagging injuries, keep him out of the lineup. If Coleman isn't playing, he has a serious problem. He is getting older, though, and finding a way to give him some rest would be a good ide~ Speaking of old, Bruce Smith will be pursuing quarterbacks who were toddlers when he began compiling sack numbers. Smith remains capable of mounting an effective pass rush. But sta~tics indicate his performance decfinad in the latter part of last season and suggest he might be more effec~ve if he does not play every down. Unless Derrick Ham progresses at end or the team finds another defensive tackle, permitting Lang to return to end, there is little choice but to play Smith as often as poss~le. CRI~: C /[ll~ba6kB~Look for this group to be more active. The coaching staff recognizes the playmaking ability, speed and sh'ength of Arfington and Shawn Barber, and it hopes to have them in schemes that will allow them to make plays. Attempts will be made to free up Arrington as often as possible to take advantage of his open-field ability. At times, expect him to come off the edge and go after the passer. Barber put aside some of his playmaking skills last season to blend with the defense and to improve his tackling and coverage ~ecfiniquas. The new coaching staff wants to see Barber back in the thick of things, causing and recovering fumbles and getting his hands on passes. He is one of the more dynamic players on the defense. Kevin Mitchell finally gets his chance to show he can be a starter in the middle. He has the size and experience to get the job done. He should be able to fend off the blocks of the guards and take on running backs near the line of scrimmage. What Mitchell must concentrate on is solid tackling technique. CRAD~: II ,~orldary---To guard against Deion Sanders' retirement, or as insurance for his release Donovan Greer was signed as an tmrestn~ agent, and Fre~ Smoot was m e se d. Smoot, teamed with Champ Barley, gives the Redskins the ability to play more man coverage and send 2001 PRO FOOTBALL 131 that more tests were pending, season NFL game, although he Hesaid Boselli was on crutches 'was drafted by Jacksonville out ~nd offered no estimate on how of Youngstown State in 1998. long the lineman would be out. He's also spent time with the ~ Boselli was blocking defen- Bengals, Lions, Bears, Panthers sive lineman Renaldo Wynn on and Steelers. the 'play that resulted in the in- "I'll be ready if they need ry, but Boselli didn't collapse me," for tonight's game against tfl well after he had disen- the Denver Broncos, Deligianis ~aged with Wynn and pivoted said after practice yesterday. ~ his right. He fell, got back bP, then fell again. Trainers ,,rushed out and helped him onto PATS DISPLEASE~ W~TH O/q-~.NSE: a cart. · The New England Patriots head ~ Q, uarterback Mark Brunell back to.their Foxboro home to- ~ook a quick break and jogged .day looking for more improve- over to talk to Boselli. Moments ment from their Offense and n ter, Boselli was 'wheeled off .t~?r~ki~. -"~: .. e field, lying on the cart, the I don t th~,m~_ we're where we ee heavily wrapped, his need to be, coach Bill Beli- ~ands held over ~ls face in d~ ':'chick said yesterday, a day ,~pair .... ~ :' r-:: .... ~"':'~'after a 23-8 -Victory '6~/~"the~ ~ ,When_ [..sa,w' Tony. On -the': ;Carolina'Panthers, adding that ~r,.o.,~,un,,d: ! .was .l~md. of sickened his' team-is leaving "to0 many' ~y ~t, linebacg, er ~-lardy Nick- points on the fieldfi · ~rson said. "I was like, 'Man, The Patriots followed a shut' '.~hat'S the end of our day right OUt over the New York Giants ~ere.' But we've got to keep in their firsf preseason game by ~ rog. :~--'z .......... [7 ~ . grabbing three interceptions ~oughHn said if another and holdin ~ g the Panthers to 165 n a~.to.day .~hov~ed no cart~- yards total. ~;~ damage Bosellf would 'be~ The Patriots ~2-0~ also showed an "aggressiverehab, then improvement on offense ',ll.,h,,ave to see howhe toler- against Carolina, ~a~cumulating sit..7~--- ~- . .~'7'~'"'882 yards, i67 on"'/he gro~n~ ~77.7;'~-,~--'---~--''w- --" 7'~7-.~;.~br/-'I1 ~, while' J.R. Red-' ~lJ.$ LOSELIW~N~:TheBUltalo .mond added 39 yards and a -~flls .thought 'fl~e'~-]~d: SOlv&-d :~tduchdown on 11 carries. t~vo offensive line positions:last .~ .... ~:~ - -- s~,pring by ~o~ing.~versatite Vet- -~ ~ran jerry Ostroski to S~g '~GIA~ff$' W~ SIDELINED. Giants r~ight'guar~d. ~"' ................. ~i i ...... · · ' rookie recezver Jonathan Cart- ~ After a year,at center,.Ostros: :.er will be sidelined a week or ~i was more C~mfortable play- ,.,tw~ after Catching a~cleat in the '~mg guard. :Plus', the iWitch al-_,'grass. :,--' ..... :~ ..... . lowed backup Bill Conity,~a ':~'~The fifth-~ound_ ',draft pick f~ue center, to. take over left as he' ,~iddle. ~Those though, Nis 'right ebtild miss all ~lays into Satui-day's s~ason SZO1T CLOSE TI catch a Uni- CLAIM HICKS: Detroit claimed tackle Rober~ Hicks off ~,.wai~er~THe was ~eleased by Buffalo Iast week. .~The 6-7, 325-pound lineman ;~s-i'he Bills' thir~;r~Pund draft BY DAVE GOLDBERG OF THE A, SSOCIATED PRESS The belated debut of the reig~ ing Super Bowl champions wa undistinguished to say th least: a 16-3 loss to the Nex York Jets Saturday night tha included nine penalties, seve~ sacks allowed and four turn overs. But please look behind thos~ ugly numbers, caused in par* by the cancenation of the Balti more Ravens' opening game b~ the me,~. ssed-up turf in Phfladel* phia. ~klthough coach Brian Bfl- lick said it was no excuse that this was his team's FLrst game , ~and ~,the Jets' second, that was certainly a factor. , And things could have been far Worse. ' ' All-Pro offensive tackle Jona- than Ogden and starting cor- nerback Duane Starks limped off the field with ankle and knee injuries in the F~st quar- ter bu~ apparently are not seri- ously htfrt. ...... ~ ...... And Jason Brookins, on the practice squads of three teams la.st year before, a mediocre summer in NFL Eprope, ran for 3~ ~yards .on .nine · ~ ~carries and yards in the first of the auditions for a 'rtuining back'to replae~ Jam- al Lewis, out for the season .Ou~..to th~uoanti&a ' 'ir~plants, Sulze?' Medic: received d, Ifyou had a knee implar ,~ Sulzer Orthopedics,.~an including pain, swelling, kqee joint, or..a second su Don't wait to respond, Ti For a FRE to learn more about.pr T ONAL Rice again · . RICK WILSON / OF THE: ASSOCIATEO PRES5 'Tony Boselli was the' first player the Jaguars ever drafted and has made five straight Pro Bowl teams. ' jaguars, Boselli receives good early-diagnosis Pro guard who played most of is career for Was,hington h' " in coach Marty Schottenhenner TRAINING CAMPS ,_ THE ASSOCIATED PRESS Kansas City. jACKSONVILLE, Fla. ~ The Il-year veteran ~issecl Jacksonville Jaguars left tackle most of the 1998 and 2000 sea- Tony Boselli collapsed to the sons for the Chiefs with arm turf yesterday with au ii, jury to juries, aud he seemed ready to his surgically repaired' right retire ~ knee, but the early diagnosis contactL~d hLm in the spring.. showed no cartilage damage. Coach Tom Coughlin said an M_RI and a thorough doctor's PACKERS SIGN TACKLE: Green ~Y GREG BEACHAM . OF THE ~SSOCIATEO pRESS SAN FRANCISCO :- We black on a bittersweet occ~ Jerry Rice ~ave his Ion: fans one last thrill. Rice, Who set every s caut NFL receiving record seasons with the 49er~ ~urn~d t~*:~C~fii'Pa~rk yesh starting for the Oakland ers in a ~0-17 '~xhibition San Francisco. · Rice caught just one pa { played only three series,' { still was the center of att { in a well-played Battle ~ Bay. Lewis rushed Jonas 8-yard TI) with 13:11 le the 49ere' defense stop~ Raiders three times in t? minutes to seal the victm Not ready to retire at signed a two-year contra [ the Raiders after the sale { strapped 49ers released [ June .... '. · ~ - His brief appearauc~ { lighted a hotly conteste between the Bay area' times bitter rivals. "This act,,ally felt lik~ lar-season game," said Owens, who caught a touchdown pass to ups mentor one more time. Looking sharp but st the Raiders' black jers took the tleld about 45 before game time, jog of the visitors' mrme Tim Brown to soatter~ Ravens Bay signed free agent defensiv~e i kLL/GOLF ' ........ Giants smother Jags Banks Skins acquire ~':' :" NFL NOTEBOOK day. ~hoRenh~er'~d he"~d " with ~ 'a~ut ~e ~t, but he ~id~ it THE A~A~ ~ESS ......... ~ *:: ...."ofn0 ~lev~.' ~*'"~' ...... ..... ~ ..................... ~d even ~ough it won't ~ ~, p~e~one ..... '~'~ ...... ~'G~R ~d ~ ~e~ wffi ~ watching *,~e-qu~erhacks md ~e New .York Gl- W~h~n ~ffi .s~ ~ ~eI~ 27-5 ~t; ~ffi' ~. vet~' c~ Cban~er ~d r~ie Mi- .~S~p~g · ~ven-~e pre~n los~g chaeI Vick. ·: * " ;~t;~ei i{~- ~0' ~eld ~ ~d ~e fe~,'~e R~k~ fo~h-~d ~ pick- ~m O~4~fe~-~'t'~o~ h-touchdo~for'~e*' Iowa S~te: ~ di~'t rely do ~g to ~ew York (1-1} won i~ it. I'm ~e ~ ~y, ~d ~e ~st two ~S got 27-~ on'A~ 21, I~. ,;*~..;. ~ ........ : · *= ..... ~ii-~a~ 'Cit~-~fi~Uer'~o~~ ~ ~t ~e, S~p~ ~ ~g ~ a~=~c~ ~ at Phfladelph~ S Vei~r- b~ ~ g, t~te ToUo~g ~ ~ter~pti0n,. ~S.S~di~[~.. ........... · .'.~ ;..: ~:?:~.¥';:-... · ~~'.l~.?~c~n~e ~ for a * ;Te~s'b~d"S°uthwest .R~auqn~i ~~g ~uchdo~: ~ ="*r,;~;* ...~*;. ~ies w~ paid ~.8 mffiion to ~stall ~e ~%~'b~e ~as ~ much over by ~e ~ field and gets ~o~er ~,~ a ye~ to ~nve~ ~*~w a ~y~ ~uchdo~ ~ 't° ~- ~e field ~om basebaU'to .f~tb~ betw~n ~ck' G~eg.~me~ ~te ~ ~e f~t q~r ~d Phffiies ~d ~es ~es. · - G~R tos~ a 4-y~ ~ to J~ Jmvici~ on Saidel ~id he has stop~ ~ent ~n the 'f~ p~y of t~~e def~ding ma~te~ce con.aa ~d is in~l~ not ~ NFCc~oions ~ lpg: ,~ ..... ~y:~er ;ch~ks, ~ on-~e '~ s .'if~ :. ~ ~ ~ ~ - ' *~ .. fafl~ aempt !o ~Uodt the ~t ~'~- W~HIN~ON~ R~: Tony ~s jo~. ~e ;~on Money..: .... .~,.~;, :,~ ,,: ..... ~ ::2' te~;'~Q day~ ~ a bi~er ~i.. ~m ~ ~e~ 'c0mPlain~ ~at ~e ~c~ D~ Cow~ys n~ly made Bim quit ~e's~n~ven; G~& c~ws ~C~ ,~ P~!~to ~ ~y'y0u'~ on one te~y soR chy 0n ~e s~di~ s ~b~ d~0nd, ou ~ on. ~e other. ~s ~ld. Ws not how I which ~ ~ve~ w~ ~ for f~t~. ~ pic~!~,but he~ I ~.' ......... had ~me Waterlo~ ~ hea~'~. ~;~"si~ a' on~y~ de~ ~d ~ffi ~e .... Jim ~v~. chief o~t~g officer of ~e T~d Hu~ for ~e No. 2 job ~h~d Jeff ~rge. division at ~u~west, ~id ~e com~y iW~ Ri~t:~W. however: ~ ~ ~e o~y he~y w0rk h~ to m~e s~ the ~a~ issues ?~te~'~;~ ~p -- ~e ~s tend~itis ~ "ad~. He wel~m~ ~idel s ~t~y.'' '.~ his ShUdder. and HU~ h~a s~ rib m~- !'~at's his'job, ~d he n~s to do cie. ,. Banks was in uniform for yesterday's practice but 'Will not play in tonight's exhibition game against Atlanta. Unless Husak's condition im- liroves, fourth-round draft pick Sage Ros~nfels will start. . . Banks has 61 career NFL starts over five sea- S°ni; 'but he has lost the No. 1 job in St. Louis, Balthnore and now Dallas. The Cowboys signed him as the replacement for Troy Aikman in April. but he was cut after two exhibition §ames and rookie ~luincy Carter was made the starter. "There was a point when I was ready to give it up _~,..mpletely," ~ said. sit was a knee-jerk things," Savoca :said. "Plus. he's right' Ill, we can't do it, he should get rid of us .... But. ~ ~.am confident we can fix it." -..; DENVER BRONCOS: Denver Broncos quarte~.~.'.'ck Steve Beuerlein will miss at least the first eight weeks of the regular season with a partially torn fendon in his right elbow. Beuerlein, who had surgery to repair a .lig- ament in the elbow in February, could be plac~l on injured reserve -- meaning he would be out for the year -- if the pain does not subside. In that case, surgery would be an option. It~' ~11oploin ii ho~,lfhv fh~ Rmn~s would STANLEY BETHEA, Plaintiff WASHINGTON REDSKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-572 : : CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant Washington Redskins, by and through its attorneys, McNees Wallace & Nurick LLC, hereby files these Preliminary Objections to the Plaintiff's Complaint. In support thereof, Defendant avers as follows: 1. In his Complaint, the Plaintiff, who is 52 years old, alleges that he went to the Washington Redskins' training camp on August 1, 2001 (Complaint, at ¶5); that former Coach Marty Schottenheimer willfully and wantonly neglected to let the Plaintiff try out for the football team (Complaint, at ¶6); and that as the direct and proximate result of Defendant's negligence, Plaintiff suffered personal injury resulting in medical expenses (Complaint, at ¶13). 2. Plaintiff claims that "Defendant's insurer is liable for the conduct of Defendant's employee Coach Marty Schottenheimer who was fired January 2002." (Complaint, at ¶19). 3. Plaintiff seeks "compensatory damages for pain and suffering and punitive damages." Preliminary Objection #1 Demurrer 4. In his Complaint, Plaintiff has failed to state a cause of action upon which relief may be granted. Defendant had no duty to allow Plaintiff to try out for its football team. Defendant had no duty to hire Plaintiff. As a result, Defendant's alleged negligence cannot form the basis for a cause of action against Defendant. Preliminary Objection #2 Failure of Complaint to Conform to Rule of Court 5. Plaintiff has alleged that he suffered personal injury as a result of Defendant's negligence in refusing to allow Plaintiff to try out for the football team. Pennsylvania Rule of Civil Procedure 1019(a) requires that a Plaintiff state the material facts upon which his claim is based. In this case, Plaintiff has failed to state how Defendant's alleged refusal to allow Plaintiff to try out caused or was a substantial factor in bringing about Plaintiff's alleged personal injuries. Preliminary Objection #3 Failure of Complaint to Conform to Rule of Court 6. Plaintiff has alleged that he suffered personal injury as a result of Defendant's negligence in refusing to allow Plaintiff to tryout for the football team. Pennsylvania Rule of Civil Procedure 1019(a) requires that a Plaintiff state the material facts upon which his claim is based. In this case, Plaintiff has failed to identify the nature of his alleged personal injury. Preliminary Objection ~4 Demurrer 7. In his Complaint, Plaintiff seeks to recover punitive damages. Plaintiff has failed to allege any causes of action upon which an award of punitive damages may be based. It is axiomatic that negligence may not form the basis for an award of punitive damages. Further, while Plaintiff alleges willful and wanton conduct, Defendant had no duty to allow Plaintiff to tryout for its football team. Hence, this conduct may not form the basis for an award of punitive damages. -2- Preliminary Objection #5 Inclusion of Impertinent Matter 8. In his Complaint, Plaintiff claims that "Defendant's insurer is liable for the conduct of Defendant's employee Coach Marty Schottenheimer who was fired January 2002." (Complaint, at ¶19). Plaintiff possesses no cause of action against Defendant's insurer. The allegations in Paragraph 19 of Plaintiff's Complaint should therefore be stricken from the Complaint as impertinent and inflammatory material. WHEREFORE, Defendant, Washington Redskins, respectfully requests that the Plaintiff Stanley Bethea's Complaint be dismissed with prejudice and that judgment be entered in favor of Defendant. Dated: February I~', 2002 Respectfully submitted, McNEES WALLACE & NURICK LLC Elizabeth A. Mag,~fiak.,~' Attorney I.D. No/_,./39853 Charles T. Young, Jr. Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Attorneys for Defendant Washington Redskins -3- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Mr. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Dated: February [~', 2002 Charles T. Young, Jr. ~ ~ Counsel for Defendan[ Washington Redskins Steelers Will Stewart slasY. or bum? Latest N Browns. Butch Dams brings credibi!ity to struggl,ng team Redskins Schottenheimer b,ngs ,new att~de to W-ash~ngton KNOW r[ ALL: In-depth analysis of all 31 teams Donovan McNabb KNOW IT NOW! Plus, 2002 draft preview spo~ngnews.com AOL keyword: TSN PRICE: $5.99 ($5.99 Can.) DISPLAy UNTIL OCTOBER 10, 2001 Pittsburgh RB Jerome Be#is I O'MPF. I'S PIC# 3rd Predicted Record 7-9 I 28 T'~N · 2001 PRO FOOTBALL BY PAUL W00oY AoYear ago, the Redskins were putting together the pieces r what they thought was going to be a rrm to the Super Bowl. Now, the team is picking up the pieces from what turned out to be a super dud of a season. The Redskins looked excellent at times, beating Baltimore, Tampa Bay and St. Louis, and wretched at limes, losing to Dallas twice and Arizona.~.~ Now, the business is under new management, more or le~s. Marry Schottenhalmer has taken over as coach/director of football opera- fions. Daniel Snyder, the most hands-on owner in the league, has stepped into the backgsotmd, intent on giving Schot~enhehner everything he wants. What Schottenheimer wants is quickly to turn the team into a playoff contender. He has replaced every coach on the staff, except defendve line coach Mike Tvguvac, and even has new equipment managers on board. The roster has been churned so much the players m/ght have to carry a ros- ter to the preseasan prachces to identify players lining up next to them. '~at Schottenheimer hopes to get from all of this is a single- minded, disciplined, fundamentally sound offense, an attacking, indomitable defense and special teams that consistently w/n the field-position batlle. What coach doesn't want all that? First, Schottenhalraer must re- establish a winn/ng attitude, an attitude that has been missing since Joe Gibbs let alter the 1992 $chottenhe/mer has one advantage Norv Turner never had. $chot'canhehner has complete authority for every decision in the organization. There wi]] be no going over his head to the owner when things aren't going the way selected veterans want. This is $chot~anhelnaer's show, and it is very much a "my way or the beltway' world these days in Washington. O0A$#II//I Scho anhe er ws.nts one voice, his, to speak for STANLEY BETHEA, IN THE COURT OF COMMON PLEAS OF PLAINTIFF · CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON REDSKINS, DEFENDANT : 02-0,572 CIVIL TERM AND NOW, this ~ day of March, 2002, the amended complaint shall be Harrisburg, PA 17110 deemed filed pursuant to Pennsylvania Rule of Civil Procedure 1028(c)(1). Edgar B. Bayley, J. ~ ! ,,~izabeth A. Esquire Maguschak, 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 For Defendant :prs STANLEY BETHEA, Plaintiff WASHINGTON REDSKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-572 CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT Defendant Washington Redskins, by and through its attorneys, McNees Wallace & Nurick LLC, hereby files these Preliminary Objections to the Plaintiff's Amended Complaint. In support thereof, Defendant avers as follows: 1. In his Amended Complaint, the Plaintiff, who is 52 years old, alleges that he went to the Washington Redskins' training camp on August 1, 2001 (Amended Complaint, at ¶1, incorporating the Complaint, at ¶1 to 6); that former Coach Marty Schottenheimer willfully and wantonly refused to let the Plaintiff know if he could try out for the football team (Amended Complaint, at ¶3); and that as the direct and proximate result of Defendant's intentional infliction of emotional distress, Plaintiff suffered severe and grievous mental and emotional suffering, fright, anguish, shock, nervousness, and anxiety (Amended Complaint, at ¶2 & 6). 2. Plaintiff seeks "judgment against the defendant for compensatory damages for pain and suffering and punitive damages." Preliminary Objection/ti Demurrer 3. In his Amended Complaint, Plaintiff has failed to state a cause of action upon which relief may be granted. Defendant had no duty to allow Plaintiff to try out for its football team. Defendant had no duty to hire Plaintiff. As a result, Defendant's alleged conduct cannot form the basis for a cause of action against Defendant. Preliminary Objection #2 Demurrer 4. In his Amended Complaint, Plaintiff has failed to state a cause of action upon which relief may be granted. In the absence of a duty or special relationship between the parties, an omission by one party cannot form the basis for a cause of action for intentional infliction of Preliminary Objection #3 emotional distress. Demurrer 5. In his Amended Complaint, Plaintiff has failed to state a cause of action upon which relief may be granted. In the absence of some physical harm to the Plaintiff, emotional distress alone may not form the basis for a cause of action for intentional infliction of emotional distress. Plaintiff was not in a zone of danger or otherwise in fear for his life. WHEREFORE, Defendant, Washington Redskins, respectfully requests that the Plaintiff -2- Stanley Bethea's Amended Complaint be dismissed with prejudice and that judgment be entered in favor of Defendant. Respectfully submitted, McNEES WALLACE & NURICK LLC Elizabeth A. magus~al~ ~ Attorney I.D. No. J9853 ~'~ Charles T. Young, Jr. Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Dated: April 1 , 2002 Attomeys for Defendant Washington Redskins -3- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a tree and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Mr. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Dated: April I , 2002 zlo. olu/L Acr/~,~- ].Au., -I- STANLEY BETHEA, Plaintiff WASHINGTON REDSKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-572 CIVIL ACTION - LAW DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES Defendant Washington Redskins, by and through its attorneys, McNees Wallace & Nurick LLC, hereby files Answers to Plaintiff's Interrogatories as follows: 1. Did Coach Marty Schottenheim (sic) allow free agents to try out for the Washington Redskins Football Team? ANSWER: The term "try out" is ambiguous. The Redskins do not allow people to participate in organized team events without first executing a contract. With this proviso - Yes, the Washington Redskins did allow free agents to "try out" for the 2001 football team. 2. What is the name and address of Washington Redskins Insurance Company? ANSWER: The Washington Redskins possess no applicable insurance coverage. Respectfully submitted, McNEES WALLACE & NURICK LLC Charles T. Young, Jr. Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Attorneys for Defendant Washington Redskins Dated: March I-~, 2002 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. §4904 (relating to unsworn falsification to authorities), I, Melissa Gertz, hereby certify that I have the authority to execute this Verification on behalf of the Washington Redskins, that I have reviewed the Answers to Plaintiff's Interrogatories, and that they are true and correct to the best of my knowledge, information and belief. Dated: March__ 2002 Washington Redskins Assistant General Counsel CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Dated: March J~, 2002 Mr. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Counsel for Defendant Washington Redskins ¢ ff~6, F,E 17××o STANLEY BETHEA, PLAINTIFF V. WASHINGTON REDSKINS, DEFENDANT · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : 02-0572 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of May, 2002, a Rule is entered against defendant to show cause why plaintiff should not be allowed to file a third amended complaint. Rule returnable by an answer to be filed not later than sixty (60) days from the date of service. Any answer filed shall be forwarded by the Prothonotary to chambers· Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Elizabeth A. Maguschak, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 For Defendant Edgar B. Bayle~. MAY 0 ? ~00~ ~ tllJU~//__ lle''/''d+'/ A h~u (.5.1,'a/.~Tia,~ oF: ~.~ F,~ocF--~z N~4 P~, STANLEY BETHEA, Plaintiff WASHINGTON REDSKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-572 CIVIL ACTION - LAW DEFENDANT°S ANSWERS TO PLAINTIFF'S INTERROGATORIES Defendant Washington Redskins, by and through its attorneys, McNees Wallace & Nurick LLC, hereby files Answers to Plaintiff's Interrogatories as follows: 1. Did Coach Marty Schottenheim (sic) allow free agents to try out for the Washington Redskins Football Team? ANSWER: The term "try out" is ambiguous. The Redskins do not allow people to participate in organized team events without first executing a contract. With this proviso - Yes, the Washington Redskins did allow free agents to "try out" for the 2001 football team. 2. What is the name and address of Washington Redskins Insurance Company? ANSWER: The Washington Redskins possess no applicable insurance coverage. Respectfully submitted, McNEES WALLACE & NURICK LLC By Elizabeth A. Magu~-'~a~' ~ Attorney I.D. No.,~9853 ~ Charles T. Young, Jr. Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Attorneys for Defendant Washington Redskins Dated: March I-I, 2002 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. §4904 (relating to unsworn falsification to authorities), I, Melissa Gertz, hereby certify that I have the authority to execute this Verification on behalf of the Washington Redskins, that I have reviewed the Answers to Plaintiff's Interrogatories, and that they are true and correct to the best of my knowledge, information and belief. Washington Redskins Assistant General Counsel Dated: March ,2002 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Mr. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Charles T. Young, Jr~ Counsel for Defendant Washington Redskins Dated: March J~ 2002 STANLEY BETHEA, Plaintiff WASHINGTON REDSKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-572 CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT Defendant Washington Redskins, by and through its attorneys, McNees Wallace & Nurick LLC, hereby files these Preliminary Objections to the Plaintiff's Amended Complaint. In support thereof, Defendant avers as follows: 1. In his Amended Complaint, the Plaintiff, who is 52 years old, alleges that he went to thc Washington Redskins' training camp on August 1, 2001 (Amended Complaint, at ¶1, incorporating the Complaint, at ~[1 to 6); that former Coach Marty Schottenheimer willfully and wantonly refused to let the Plaintiff know if he could try out for the football team (Amended Complaint, at ~[3); and that as the direct and proximate result of Defendant's intentional infliction of emotional distress, Plaintiff suffered severe and grievous mental and emotional suffering, fright, anguish, shock, nervousness, and anxiety (Amended Complaint, at ¶2 & 6). 2. Plaintiff seeks "judgment against the defendant for compensatory damages for pain and suffering and punitive damages." Preliminary Objection #1 Demurrer 3. In his Amended Complaint, Plaintiff has failed to state a cause of action upon which relief may be granted. Defendant had no duty to allow Plaintiff to try out for its football team. Defendant had no duty to hire Plaintiff. As a result, Defendant's alleged conduct cannot form the basis for a cause of action against Defendant. Preliminary Objection//2 Demurrer 4. In his Amended Complaint, Plaintiff has failed to state a cause of action upon which relief may be granted. In the absence of a duty or special relationship between the parties, an omission by one party cannot form the basis for a cause of action for intentional infliction of emotional distress. Preliminary Objection #3 Demurrer 5. In his Amended Complaint, Plaintiff has failed to state a cause of action upon which relief may be granted. In the absence of some physical ham~ to the Plaintiff, emotional distress alone may not form the basis for a cause of action for intentional infliction of emotional distress. Plaintiff was not in a zone of danger or otherwise in fear for his life. WHEREFORE, Defendant, Washington Redskins, respectfully requests that the Plaintiff -2- Stanley Bethea's Amended Complaint be dismissed with prejudice and that judgment be entered in favor of Defendant. Respectfully submitted, McNEES WALLACE & NURICK LLC Elizabeth A. magus~ak~~ Attorney I.D. No.,g9853 '~ Charles T. Young, Jr. Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Attomeys for Defendant Washington Redskins Dated: April I_~_, 2002 -3- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Mr. Stanley Bethea 533 Curtin Street Harrisburg, PA 171 I0 Cfi-arlesT. Young,~7~ ~ Counsel for Defenflant Wasli~ngton Redskins Dated: April I , 2002 STA~LEY BETHEA, Plaintiff vs. NATIONAL FOOTBAJ~L LEAGUE Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PEN-NSYLVAi~IA CIVIL ACTION--LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT The National Football League, by and through its counsel, McNees, Wallace & Nurick, hereby makes the following Preliminary Objections to Plaintiff's Complaint: PRELIMINARY OBJECTION IN THE NATURE OF A DEMLrRRER TO COUNTS I kN]D~ II OF PLAINTIFF'S COMPLAIN~ I. AS Plaintiff sets forth in Paragrapk 4 of his Complaint, in 1997, Plaintiff filed an action in Federal Court against Defendant based upon the same factual ~llegations set forth in this Complaint. 2. A true and correct copy of the Complaint filed by Plaintiff in the Federal Court is attached hereto, made a part hereof, and marked Exhibit "A". 3. In the Federal action, Plaintiff moved to amend his Complaint to add claims for fraud and negligent misrepresenta- tion. A true and correct copy of that Motion to Amend is attached hereto, made a part hereof, and marked Exhibit "B". As Plaintiff also states in Paragraph 4 of the Complaint, final judgment was entered by the Middle District Court in Plaintiff,s Federal Court action. A true and correct copy of Judge Ca!dwell,s Order dated October 31, 1997 is a~tached hereto, made a part hereof, and marked Exhibit "C". 5. As set forth in Judge Caldwell,s Order (Exhibit "C"), before dismissing the case, Judge Catdwe!l granted P!ain~iff's Motion to Amend his Complaint to add claims for fraud and negligent misrepresentation. 6. In the Federal Court Order, the Court dismissed Plaintiff,s Complaint, including the claims of age discrimination, fraud: and negligent misrepresentation. 7. In the instant action, Plaintiff fails to set forth a claim upon which relief can be granted because his claim~ gte barred by the doctrine of res judicata. 8. That is, the parties to both actions are the same, Pla~ntiff,s claims are based upon the same factual background, and the ultimate and controlling issues are identical. 9. S~cau~e Plaintiff has already had an opportunity to appear and assert his rights in Federal Court, the instant action is barred by the doctrihe of res judicata. WHEREFORE, Defendant National Football League, respectfully requests that Plaintiff,s Complaint be dismissed for legal insufficiency. ~ ' PRELIMINARY OBJECTION IN THE NATURE ~F A ~EMURRER AS TO COUNTS I ~_~D II OF PLAIN~TIF~ $ CCM?-~!NT ~10. ~ In Counts I and II of his Complaint, Plaintiff purports to allege a claim of "deliberate negligence'. I!. Pennsylvania dces not recognize a tort of "deliberate negligence". 12. In the alternative, Plaintiff has failed to state a claim for "deliberate negligence" upon which relief can be granted. WHEREFORE, Defendant National Football League, respectfully requests tha'a Plaintiff's Complaint be dismissed for legal insufficiency. pRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER TO COUNTS I AND II OF PLAINTIFF'S COMPLAINT 13. In Paragraph 5 of h~? Complaint, Plainti~ states that he was eligible for the NFL draft and appears to state that the draft procedures are attached as Exhibit "A". Unfortunately, Plaintiff has attached only three (3) pages of the draft procedures to the Complaint. 14. Because Plaintiff relies on a written document, the draft procedures, to establish that he was eligible for the draft, Defendant appropriately attaches a true and correct of the Eligibility Rules and Draft Procedures and refers to them. A true and correct copy of the Eligibility Rules and Draft Procedures are attached hereto, made a part hereof, and marked Exhibit "D". the rule specify a prospective foc~baI1 player is eligible to participate in the annual player draft. 16. A prospective player who plays college football generally is eligible for the draft in the year following the expiration of his college eligibility, and prospective players who do not play college football are generally eligible to participate in the draft held four (4) years after they enter college. (Exhibit "D", ¶(1) and (4)). 17. If selected in the draft by an NFL member team, a prospective football player is placed on the reserve list of that team and, for a period of time, or until released by the team, may negotiate and accept employment 0n!y with that team. 18. Prospective football players who are eligible fQr the draft but not selected are thereafter "free agents" and are free to seek and accept employment with any member team of the National Football League. 19. Because Plaintiff entered college in the early 1970's, (Complaint, ¶9) he would have been eligible for one of the annual drafts conducted in the mid-1970's. 20. In 1997, when Plaintiff alleges he applied for the draft, he was actually a "free agent" and was free to seek employment with any member team in the National Football League directly. ,,i~.~9~ 21. For these reasons, i~ is clear ~ha~ Plaintiff's ~ Complaint fails to state a claim Upon which relief can be granted. WHEREFORE, Defendan~ National Football League, respectfully requests that P!ainciff,s Complaint be dismissed for legal insufficiency. pRELIMINARY OBJECTIQN IN T~E NA_~JRE OF A DE~//RRER AND ALTERNATIVE MOTION TO STRIKE 22. In his Complaint, Plaintiff requests relief in the Rature of punitive damages. 23. P!aistiff fails to state any claim upon which relief in the nature of punitive dDmages can be granted. WHEREFORE, Defendant National FooTball League, respectfully requests that the Court dismiss, with prejudice, ~!alntiff's claim for punitive damages or, in the alternative, that the Court strike from the Complaint said prayers for relief for punitive damages. PRELIMINARY OBJECTION IN T~E NATURE OF A MOTION TO STRIKE 24. In his Complaint, Plaintiff requests damages "in excess of Twenty Million ($20,000,000.00) Dollars." 25. Pennsylvania Rule of Civil Procedure 1021(b), provides "that any pleading demanding relief for unliquidated damages shall not claim any specific sum" (emphasis added). Plaintiff's Complaint which requests damages in e~cess Of Twenty Million ($20,000,000.00) Dollars should be stricken. fWHEREFORE, Defendant National Foocbal! League, respectfully requests that this Cour~ strike Plain~iff,s claim for damages in excess of Twenty Million ($20,000,000.00) Dollars. Respectfully submitted, McNEES, WALLACE & N-JR!CK ~lizabet~ f//~ou~erty ~I.D. No. 39~53~ 3 Matthew B. ~oyer~ I.D. No. 79269 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 ~717) 232-8000 Attorneys foe Defendant Date: October 19, 1998 I~AY 0 6 2002 ~ STANLEY BETHEA, Plaintiff WASHINGTON REDSKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-572 CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT Defendant Washington Redskins, by and through its attorneys, McNees Wallace & Nurick LLC, hereby files this Answer to the Plaintiff's Motion for Leave to File Third Amended Complaint. In support thereof, Defendant asserts the following: 1. On or about May 6, 2002, Plaintiff filed a Motion for Leave to File Third Amended Complaint. By Order dated May 8, 2002, the Court, by Judge Bayley, entered a rule against Defendant requiring the Defendant to show cause why Plaintiff should not be allowed to file a Third Amended Complaint. Defendant hereby files this Answer in response to the Plaintiff's Motion and the Court's Order of May 8, 2002. 2. in his proposed Third Amended Complaint, Plaintiff incorporates Paragraphs 1 through 6 of his original Complaint and Paragraph 18 of his Amended Complaint. In his Complaints, Plaintiff claims that on or about August 1, 2001, he attempted to try out for the Washington Redskins football team, and he was denied permission to do so. 3. In his original Complaint, Plaintiff asserted a cause of action for negligence and claimed that the Washington Redskins' denial of permission to try out for the football team resulted in his sustaining personal injury. (Plaintiff did not describe how this occurred). 4. In his Amended Complaint, Plaintiff changed his cause of action from negligence to intentional infliction of emotional distress. (Plaintiff subsequently filed a Motion for Leave to File Second Amended Complaint, which has not been addressed.) 5. In his proposed Third Amended Complaint, Plaintiff seems to claim that the Washington Redskins failed to tell him that free agents needed a contract in order to try out for the team. Plaintiff characterizes this as "an administrative process" and asserts the following causes of action: (1) Neglect to grant; (2) denial of common-law fair procedure; and (3) violation of due process rights. 6. Defendant filed Preliminary Objections to Plaintiff's original Complaint, as well as his Amended Complaint. While the Washington Redskins admittedly refused to allow Plaintiff to try out for their football team, the Washington Redskins are under no duty to allow Plaintiff to try out for the team? 7. In the Commonwealth of Pennsylvania, prospective and current employees are employed "at will." With very limited public policy exceptions, an employer may hire and terminate prospective and current employees for any reason whatsoever, unless restrained by contract. McLau.qhlin v. Gastrointestinal Specialists, Inc., 750 A.2d 283, 286 (Pa. 2000); Werner v. Zazyczny, 681 A.2d 1331, 1335 (Pa. 1996). 8. In his proposed Third Amended Complaint, Plaintiff attempts to assert causes of action for: (1) Neglect to grant; (2) denial of common-law fair procedure; and (3) violation of due process rights. I Since Plaintiff is in his mid-50's and has not played organized football in over 30 years, Plaintiff does not make a particularly good candidate for a professional football player. -2- 9. Plaintiff's first two proposed causes of action simply do not exist. There is no cause of action for either "neglect to grant" or "denial of common-law fair procedure." 10. Plaintiffs claim for violation of due process fails to state a claim upon which relief may be granted. "It is now clear that the first and fourteenth amendments are limitations on state action, not on action by the owner of private property used only for private purposes." Crozer Chester Med. Ctr. v. May, 506 A.2d 1377, 1380 (Pa. Super. 1986) (underlining added); see also Hoffman v. Pennsylvania State Employes' Retirement Bd., 743 A.2d 1014, 1017 (Pa. Commw. 2000). 11. "The mere fact that a business is subject to state regulation does not by itself convert its action into that of the State for purposes of the Fourteenth Amendment." Jackson v. Metropolitan Edison Co., 419 U.S. 345, 350, 95 S. Ct. 449,453, 42 L.E.2d 477 (1974). 12. The Washington Redskins are not a state actor. As a result, Plaintiff may not assert a cause of action for violation of due process against Defendant. Accordingly, Plaintiffs Motion for Leave to File Third Amended Complaint should be denied. 13. Plaintiffs proposed Third Amended Complaint (as well as his original and Amended Complaints) fail to state a claim upon which relief may be granted. The proposed amendment is therefore futile, and Plaintiff's Motion should be denied. Werner, 681 A.2d at 1338 (stating that "a court is not required to allow amendment of a pleading if a party will be unable to state a claim on which relief could be granted.") WHEREFORE, Defendant Washington Redskins respectfully requests that (1) Plaintiffs Motion for Leave to File Third Amended Complaint be denied, (2) Defendant's -3- Preliminary Objections to the Amended Complaint be granted, and (3) Plaintiff's action be dismissed with prejudice, as any amendment to the Amended Complaint would be futile. Respectfully submitted, McNEES WALLACE & NURICK LLC Elizabeth A. Magu~'~ha~: Attorney I.D. No. ~,,9853 Charles T. Young, J- 'r. Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5397 Fax: (717) 237-5300 Attorneys for Defendant Washington Redskins Dated: May ~'~, 2002 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Mr. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Charles T. Young, Jr. ~!/~L ~ Counsel for Defendant Washington Redskins Dated: May ~'~ , 2002 STANLEY BETHEA, PLAINTIFF IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON REDSKINS, DEFENDANT · 02-0572 CIVIL TERM AND NOW, this ORDER OF COURT ~:) day of May, 2002, pursuant to the Rule entered against defendant to show cause why plaintiff should not be granted leave to file a third amended complaint, and the answer thereto, the Rule IS DISMISSED. The motion for leave to file a third amended complaint, IS DENIED.~ i~dgar B. Bayle~, J. \ /,'Stanley Bethea, Pro se A ~,-,~ . (~ J 533 Curtin Street Harrisburg, PA 17110 ~ ~.~cJ..~J~_~. /Charles T. Young, Jr., Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 For Defendant :saa ~ The causes of action alleged in the proposed third amended complaint are patently frivolous. b! /--/,~/,~A./,2//o STANLEY BETHEA, : Plaintiff : .. V. .' .. WASHINGTON REDSKINS, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-572 CIVIL ACTION - LAW DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES Defendant Washington Redskins, by and through its attorneys, McNees Wallace & Nurick LLC, hereby files Answers to Plaintiff's Interrogatories as follows: 1. Did Coach Marry Schottenheim (sic) allow free agents to try out for the Washington Redskins Football Tearri'? ANSWER: The term "try out" is ambiguous. The Redskins do not allow people to participate in organized team events without first executing a contract. With this proviso - Yes, the Washington Redskins did allow free agents to "try out" for the 2001 football team. 2. What is the name and address of Washington Redskins Insurance Company? ANSWER: The Washington Redskins possess no applicable insurance coverage. Respectfully submitted, McNEES WALLACE & NURICK LLC Elizabeth A. Magu~-'~a~ Attorney I.D. No.~9853 ~ Charles T. Young, Jr. Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Attorneys for Defendant Washington Redskins Dated: March I-J, 2002 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. §4904 (relating to unsworn falsification to authorities), I, Melissa Gertz, hereby certify that I have the authority to execute this Verification on behalf of the Washington Redskins, that I have reviewed the Answers to Plaintiff's Interrogatories, and that they are true and correct to the best of my knowledge, information and belief. Dated: March ,2002 Washington Redskins Me[issa ~ertz, Esquire"-.-~ Assistant General Counsel CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Mr. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Dated: March J~, 2002 Charles T. Young, J~ Counsel for Defendant Washington Redskins STANLEY BETHEA, Plaintiff VS. NATICNA~. FCOT_~ALL LEAGUE Defendan~ o IN THE COURT OF COMaMON PLEAS DAUPHIN COUNTY, PE~SYLVANIA CIVIL ACTION--LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT The National Football League, by and through its counsel, McNees, Wallace & Nurick, hereby makes the following Preliminary Objections to Plaintiff's Complaint: PRELIMINAry 0BJqECTIO~ IN TF.'E NATI/RE OF A DEMI/RR~R TO COLrN~S I k~lD_ II OF P.LAINTIFF'S COMPr_~.IN"7 !. As Plaintiff sets forth in Paragraph 4 of his Complaint, in 1997, Plaintiff filed an action in Fe~era! Court against Defendant based upon the same factual ~!legations set forth in this Complaint. 2. A true and correct copy of the Complaint filed by Plaintiff in the Federal Court is attached hereto, made a par~ hereof, and marked Exhibit 3. In the Federal action, Plaintiff moved to amend his Complaint to add claims for fraud and negligent misrepresenta[ tion. A true and correct copy of that Motion to Amend is attached hereto, made a part hereof, and marked Exhibit "B". "4. As PlainTiff also states in Paragraph 4 of the ComplainT, final judgment was entered by the Middle District Cour~ in Plaintiff,s Federal Court action. A true and correct copy of Judge Ca!dwell,s Order dated OcTober 31, 1997 is attached hereto, made a par~ hereof, and marked Exhibit "C". 5. As set forth in Judge Ca!dweli,s Order (E'/Jtibit "C"), before dismissing the case, Judge Caldwe!l granted Plaintiff,s 'Motion to Amend his Complaint to add claims for fraud and negligent misrepresentation. ~. In the Federal Court Order, the Court dismissed Plaintiff,s Complaint, including the claims of age discrimination, fraud: and n~gligenT misrepresentation. 7. In the instant action, ~lai~tiff fails to set forth a claim upon wki~h relief can be ~ranted because his ciaimE ~re barred by the doctrine of res judicata. 8. That is, the parties to both actions are the same, Pta~ntiff,s claims are based upon the same factual background, ~nd the ultimate and controlling issues are identical. 9. S~cau~e ~'iaintiff has already had an opportunity to appear and assert his rights in Federal Court, the instant action is barred by the doctrine of res judicata. W~P~EFORE, Defendant National Football League, respectfully requests that Plaintiff,s Complaint be dismissed for ~egal insufficiency. ~- PRELIMINARY OBJECTION IN T'~E NATURE ,O,F A DEMURRER AS TO COUNTS r ~/~D ri OF PLAINT~F= S COMPLAINT 10. In Counts I and II of his Complaint, Plain=iff purports to allege a claim of 'deliberate negligence'. 1!. Pennsylvania does not recognize a =crt of "deliberate negligence". 12. In the alternative, Plaintiff has failed to state a claim for 'deliberate negligence" upon which relief can be granted. WT-,.'EREFORE, Defendant National Football League, respectfully re.cuests tha'c Plaintiff's Complaint be dismissed for legal insufficiency. -PRELIMINARY OBJECTION IN THE NATURE OF A DE~.~K/RRER TO COUNTS I AND II OF PLAINTIFF'S COMPLAINT 13. In Paragraph 5 of ~f.C~plaint, Plaintiff states that he was eligible for the NFL draf= and appears to state that the draft procedures are attached as Exhibit "A". Unfortunately, Plaintiff has attached only three (3) pages of the draft procedures to the Complaint. 14. Because Plaintiff relies on a written document, the draft procedures, to establish that he was eligible for the draft, Defendant appropriately attaches a true and correct of the Eligibility Rules and Draft Procedures and refers to them. A true and correct copy of the Eligibility Rules and Draft Procedures are attached hereto, made a part hereof, and marked Exhibit "D". r sp ire foctbaI1 player is eligible to participate in the annual player draft. 16. A prospective player who plays college foo~ba!I generally is eligible for the draft in the year following the expiration of his college eligibility, and prospective players who do not play college football are generally e~c~bie to participate in the draft held four (4) years after they enter college. (Exhibit "D", ¶(1) and (4)). 17. If selected in the draft by an NFL me.~ber team, a prospective football player is placed on the rese~¢e list of that team and, for a periO~ of time, or until released by the team, may negotiate and accept employment only with that team. 18. Prospective football players who are eligible fQr the draft but not selected are thereafter "free agents" and are free to seek and accept employment with any me,~ber team cf the National Football League. 19. Because Plaintiff entered college in the early 1970's, (Comp!aint,:¶9) he would have been eligible for one of the annual drafts conducted in the mid-1970's. .. 20. In~1997, when Plaintiff alleges he applied for the draft, he was actually a "free agent" and was free to seek employment with any member team in the National Football League directly .... - ~' . . . ~ t..at Pla_ t~ff s Complaint fa~ls to state a claim Upon which relief can be granzed. WHEREFORE, Defendant National Foocba!l League, respectfully requests Chat P!aintiff,s Complaint be dismissed for legal insufficiency. PRELIMINARY OBJECTION IN T~ NA%-JRE QF A DE...~URREi~ ~/VD ALTERNATIVE MOTION TO STRIKE 22. In his Complaint, Plaintiff requests relief in the Rature of punitive damages' 23. P!aistiff fails to state any claim upon which relief in the nature of punitive dDmages can be granted. WHEREFORE, Defendant N~tional Foo=ba!l League, respecCfu!!y requests that the Court dismiss, with prejudice, ~lal.ntiff's claim for punitive damages or, in the alternative, that the Court strike from the Complaint said prayers for relief for punitive damages. 24. In his Complaint, Plaintiff requests damages "in excess of Twenty Million ($20,000,000.00) Dollars." 25. Pennsylvania Rule of Civil Procedure 1021(b), provides "that any pleading demanding relief for unliquidated damages shall ~ claim any specific sum" (emphasis added). Plaintiff,s Complaint which requests damages in e~cess Of Twent~ Million ($20,000,000.00) Dollars sho61d be stricken. WHEREFORE, Defendant National FooTball League, respecrful!y requests that this Cour~ strike Plain~{'.=f,s claim for damages in excess of Twenty Million ($20,000,000.00) Dollars. Respectfully submitted, McNEES, WALLACE & NIIRICK ~I.D. No. 39~53N~J MatThew B. ~oyer I.D. No. 79269 !00 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1!6~ !717) 232-8000 ATtorneys foe Defendant Date: October 19, 1998 STANLEY BETHEA, Plaintiff WASHINGTON REDSKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-572 CML ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT Defendant Washington P~edskins, by and through its attorneys, McNees Wallace ,o Nurick LLC, hereby files these Preliminary Objections to the Plaintiffs Amended Complaint. In support thereof, Defendant avers as follows: 1. In his Amended Complaint, the Plaintiff, who is 52 years old, alleges that he went to the Washington Redskins' training camp on August 1, 2001 (Amended Complaint, at '~l, incorporating thc Complaint, at ~[1 to 6); that fot~Jcr Coach Ma_ny Schotten_heimcr willfully and wantonly refused to let the Plaintiff know if he could try out for the football team (Amended Complaint, at ~]3); and that as the direct and proximate result of Defendant's intentional infliction of emotional distress, Plaintiff suffered severe and grievous mental and emotional suffering, fright, anguish, shock, nervousness, and anxiety (Amended Complaint, at '~2 & 6). 2. Plaintiffsccks "judgment against the defendant for compensatory damages for pain . and suffering and punitive damages." Preliminary Objection #1 Demurrer 3. In his Amended Complaint, Plaintiff has failed to state a cause of action upon which relief may be ~anted. Defendant had no duty to allow Plaintiff to try out for its football team. Defendant had no duty to hire Plaintiff. As a result, Defendant's alleged conduct cannot form the basis for a cause of action against Defendant. Preliminary Objection//2 Demurrer 4. In his Amended Complaint, Plaintiffhas failed to state a cause of action upon which relief may be wanted. In the absence of a duty or special relationship between the parties, an omission by one party cannot form the basis for a cause of action for intentional infliction of emotional distress. Preliminary Objection #3 Demurrer 5. In his Amended Complaint, Plaintiffhas failed to state a cause of action upon which relief may be granted. In the absence of some physical harm to the Plaintiff, emotional distress alone may not foaxi the basis for a cause of action for intentional infliction of emotional distress. Plaintiffwas.not in a zone of danger or otherwise in fear for his life. WHEREFORE, Defendant, Washington Redskins, respectfully requests that the Plaintiff -2- Stanley Bethea's Amended Complaint be dismissed with prejudice and that judgment be entered in favor of Defendant. Respectfully submitted, McNEES WALLACE & NU'R.ICK LLC By ~-,'~? ~,.,---~ Elizabeth A. Magus)~ak~ ,/~~''~ Attorney I.D. No.,g'9853 ~' Charles T. Young, Jr. Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Attorneys for Defendant Washington Redskins Dated: April ~___, 2002 -3- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Mr. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Dated: April 2002 Charles T. Young, ~/_../~~ coUnsel for Defen8ant Was~'-gton Redskins Steelers Will Stewart slash or bum? Browns Butch Davis brings credibility to strugglin9 team Redskins Schottenheimer bHngs new attitude to Washington KNOW IT ALL,~ In-depth analysis of all 31 teams KNOW IT NOWI We pick the PJus~ 2002 d~aft preview sportingnews, com AOL keyword: TSN PRICE: SS.gCJ ($6.FJ Can.) ' DISPLAY UNT;L OCTOBER 10, 2001 Latest N Updates! Philadelphia QB Donovan McNabb Pittsburgh RB Jerome Bettis , : FEi'S PlC# 3.:i Predi ed Record 7-9 "~ 2~ T~N · 2001 PRO FOOTBALl. BY PAUL WOOOY AoYea~ a~o, the Red~k~n~ were ut~n~ to~ether ~e ~iec~ r wh~t ~ey ~ou~ht ~m~ ~ be a ~ ~o ~e Super Bowl Now, ~e te~ ~ pic~g up ~e pi~ ~m wha~ ~ed out m be a ~per dud of a se~on, Re~ looked exce~ent ~t ~es, be,6n~ B~o~, T~pa Bay ~d S~ Lo~ ~d ~t~ed ~t ~es, ~g m D~ ~ce ~d .~on~ Now, ~e b~e~ h ~der new ~ement mo~ or I~. ~o~e~er h~ ~en o~r ~or of footb~ ope~- ~n o~er ~ ~e Iea~e, ~pp~ ~to ~e hackled, ever~g he w~. ~c~y to ~ ~e m~ ~to pIayoff contenden He h~ ~placed defoe ~e ~a~ ~e T~ovac ~d ~n h~ new e~pment m~ge~ on bo~ ~e ~er ~ b~n ~ed so mu~ ~e play~ ~ght have to ~ a ~s- ~ ~ ~e p~e~on p~ces to ~ pIaye~ ~ up n~ to ~at S~o~e~e~er hopes get ~m ~ of ~ h a s~le- m(nd~ ~p~ed, ~d~en~¥ ~o~ble delete ~d ~ed~ ~d~Uon ba~e. ~de ~ h~ been ~ Joe Gibbs le~ ~er ~e 1992 S~o~e~er h~ one adv~tage No~ T~er never had. S~o~e~er h~ complete au~od~' for eve~' de~ion o~ado~ ~e~ ~ be ~g over ~ he~ m ~e o~er when ~ ~n't gong ~le~ vete~ ~t Scho~e~e~er's showy, ~d ve~ mu~h · 'my way or betb~y~ world ~ese days ~on. w~ one voice. ~. to ~e~ For Hd~, FA, STANLEY BETHEA, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON REDSKINS, DEFENDANT 02-0572 CIVIL TERM ORDER OF COURT AND NOW, this [~) day of June, 2002, the motion of plaintiff for leave to file a fourth amended complaint, IS DENIED. /Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 /Charles T. Young, Jr., Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 For Defendant Edgar B. Bay~y, J. :saa ¥~NVA"'W, SNN3cl ,,, .,t..b"4F'tO3 t U :S ~I,:1 0 1 l,lrir' PRAEClPE FOR LISTING CASE FOR ARGUMENT (Must betypewrittenandsu~ttedind~plicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please ]igtthewithinmatterf~rthenextAr~3%~ent~. CAPTION OF CASE (entir~captio~mustbestatedinD,]l) Stanley Bethea ( Plaintiff Washington Redskins ( Defendant ) No. 572 Civil 2002 State matter to bear~3ued (i.e., plaintiff's motion for newt rial, defenadant's d~murrer to c~,~]alnt, etc.): Preliminary Objections to Plaintiff's Amended Complaint 2. Identify counsel who will argue case: (a) for plaintiff: address: Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 (b) for defe~4mnt: Charles Young Address: 100 Pine Steret P. O. Box 1166 Harrisburg, PA 17108-1166 I wi3.1 notify~]l Parties in writingwithin two days that this case ba~ been ]~ted for ~t. 4. ~t Cx)u_,-t Date: Dated: August 14, 2002 October 23, 2002 ../-- CERTIFICATE OF SERVICE I, Stauley Bethea, Plaintiff hereby certify that on this 4th day of September~ 2002, the foregoing document was served by U.S. First-class mail, postage prepaid, upon the following: Charles Young, Jr. Esq. 100 Pine Street P.O. Box 1166 Hbg., PA. 17108-1166 Stanley Be9~ hea 533 Curtin Street Hbg., PA 17110 232-0722 -3- S TA~rLEY BETHEA, Plaintiff vs. FOOTBALL LEAGUE Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVA~TIA CIVIL ACTION--LAW PRELIMINARY OBJECTIONS TO PLAI~rIFF'S COMPLAINT The National Football League, by and through its counsel, McNees, Wallace & Nurick, hereby makes the following Preliminary Objections to Plaintiff's Complaint: PRELIMINARY 0BJECTIO~ IN TME NATURE OF A DEMI/R~$R TO COUNTS I ANODe_II OF PLAINTIFF'S COMPLAINT 1. As Plaintiff sets forth in Paragraph 4 of his Complaint, in 1997, Plaintiff filed an action in Federal Court against Defendant based upon the same factual ~llegations set forth in this Complaint. 2. A true and correct copy of the Complaint filed by Plaintiff in the Federal Court is attached hereto, made a part hereof, and marked Exhibit 3. In the Federal action, Plaintiff moved to amend his Complaint to add claims for fraud and negligent misrepresenta- tion. A true and correct copy of that Motion to Amend is attached hereto, made a part hereof, and marked Exhibit "B". 4. As Plaintiff also s~ates in Para~ra~k 4 of the Complaint, final judgment was entered by the Middle District Court in Plaintiff,s Federal Court action. A true and correct copy of Judge Ca!dwell,s Order da~ed October 31, i997 is a~ached hereto, made a par~ hereof, and marked Exhibit "C". 5. As set forth in Judge Ca!dwe!l,s Order (Exhibit "C"), before dismissing the case, Judge Caldwe!l granted Plain~iff,s 'Motion to Amend his Complaint to add claims for fraud and negligent misrepresentation. 6. In the Federal Court Order, the Court dismissed Plaintiff,s Complaint, including the claims of age discrimination, fraud: and n~gligent misrepresentation. 7. In the instant action, ~la!~iff fails to set forth a claim upon wki~h relief can be granted because his c!aimE ~re barred by the doctrine of res judica~a. 8. That is, the parties to both actions are the same, Pla~ntiff,s claims are based upon the same factual background, ~nd tke ultimate and controlling issues are identical. 9. S~cau'~e Plaintiff has already had an opportunity to appear and assert his rights in Federal Court, the instant action is barred by the doctrihe of res judicata. Wt{.EP~EFORE, Defendant National Football League, respectfully requests that Plaintiff,s Complaint be'dismissed for ~egal insufficiency.' ~ PRELIMINARY OBJECTION ~N I'VE NATURm OF A QEMURRE~ AS TO COUNTS I ~/~D ~ OF PS~rNT.~'S CC~.?_A!NT 10. In Counts I and II of his Complaint, Plaintiff purports to allege a claim of "deliberate negligence". !!. Pennsylvania dces not recognize a tort of "deliberate ~eg!igence". 12. In the alternative, Plaintiff has failed to state a claim for "deliberate negligence" upon which relief can be g~anted. W~.iEREFORE, Defendant National Football League, respectfully req3aests tha'C Plaintiff's Complaint be dismissed for legal insufficiency. PRELIMINARY OB~CTION IN %"HE NATURE OF A DE.i.~URRER TO COUNTS I AND %[ OF PLAINTIFF'S COMPLAINT 13. In Paragraph 5 of ~ ~?~plaint, Plaintiff States that he was eligible for the NFL draft and appears to state that the draft procedures are attached as Exhibit "A". Unfortunately, Plaintiff has attached only three (3) pages of the draf: procedures to the Complaint. 14. Because Plaintiff relies on a written document, the draft procedures, to establish that he was eligible for the draft, Defendant appropriately attaches a true and correct of the Eligibility Rules and Draft Procedures and refers to them. A true and correct copy of the Eligibility Rules and Draft Procedures are attached hereto, made a part hereof, and marked Exhibit . ~. As Exhibit 'D' establishes, the rule specify when a prospective foctbalI player is eligible to participate in the annual player draft. 16. A prospective player who plays college football generally is eligible for =he draft in the year following the expiration of his college eligibility, and prospective players who dc not play college football are generally eligible to participate in the draft held four (4) years after they enter college. (Exhibit "D", ¶(1) and (4)). 17. If selected in the draft by an NFL member team, a prospective football player is placed on the rese~¢e list of thau team and, for a periO~ of time, or until released by the team, may negotiate and accept employment 0n!y with that team. 18. Prospective football players who are eligible fQr the draft but not selected are thereafter "free agents" and are free to seek and accept employment with any member team of the National Football League. 19. Because Plaintiff entered college in the early 1970's, (Comp!aint,~ ¶9) he would have been eligible for one of the annual drafts conducted in the mid-1970's. .. ~ 20. In.1997, when Plaintiff alleges he applied for the draft, he was actually a ~free agent" and was free to seek employment with any member team in the National Football League directly .... - ~.~,'/~ . For these reasons, iC is clear that Plaintiff'S Complaint fa~ls to state a claim upon which relief can be granted. WHEREFORE, Defendant National Football League, respectfully requests that Plaintiff,s Complaint be dismissed for legal insufficiency. PRELIMINARY OBJECTION IN T~E NA_ql/RE OF A DE...vTIRRE2 3/%TD ALTERNATIVE MOTION TO STRIKE 22. In kis Complaint, Plaintiff requests relief in the ,.atu_~ of punitive damages. 23. Plaid/tiff fails to state any claim upon which relief in the nature of punitive dDmages can be granted. ? WHEREFORE, Defendant National Foo~ba!l League, respectfully requests that the Court dismiss, with prejudice, ~lalntiff's claim for punitive damages or, in the alternative, that the Court strike from the Complaint said prayers for relief for punitive damages. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIRii 24. In his Complaint, Plaintiff requests damages "in excess of Twenty Million ($20,000,000.00) Dollars." 25. Pennsylvania Rule of Civil Procedure 1021(b), provides "Chat any pleading demanding relief for unliquidated damages shall no~ claim any specific sum" (emphasis added). Piaintiff,.s Complaint which requests damages in e~cess Of Twenty Million ($20,000,000.00) Dollars should be stricken. _. · Defendan~ Na~ionai FooTball League, ~eS~ec~f~lly requests ~ha~ this Court strike P!aint{.~f,s claim for damages in excess of Twenty Million ($20,000,000.00) Dollars. McNEEs, WALLACE & NIFRICK Matthew B. I.D. No. 79; 100 Pine Street P.O. Box 1166 ~Harrisburg, PA ~717) 232-8000 '53~' er~y 17i08-1166 Attorneys for ~efendant Date: October 19, 1998 Steelers Will Stewart slash or burn? Browns Butch Davis brings credibility to struggling team Redskins Schottenheimer brings n.ew attitude to Washington FuNOW rT ALLI In-depth analysis of all 31 teams KNOW IT NOWl We pick the Super Bowl Winner Plus~ 2002 draft preview sportingnews, cam AOL keyword: TSN PRICE: S5.99 ($6.99 Can,) OISPLAy UNTIL OCTOBER I0, 2001 Latest ~ - N Updates! Philadelphia Q8 Donovan McNabb Pittsburgh R8 Jerome Bettis plC# 3rd '"1 2~ T'~N · 2001 PRO FOOTBALL Predicted R e ord 7-9 ~ j BY P m. WoooY AoYe~ ago. ~he Re~k~m were u~ ~oge~er ~e piec~ r what ~ey ~oughc .~ ~mg m be a ~ ~o ~e Super Bowl Now, ~e te~ ~ pic~g up pi~es ~m what ~ed out m be a ~per dud o~ a se~on. ~ Iook~ ex~flent at ~es. berg B~om, T~pa Bay l~g m D~ ~ce ~ .~on~ Now. ~e b~m~ ~agemenC mo~ or S&o~er h~ ~en over ~r of ~ootb~ opem- ~o~ D~el 5n~er, ~e most ~n o~er ~ ~e l~e. h~ ~pp~ ~o ~e hackled. eve~ he w~. pJayoff con~der. He ~ ~placed def~ ~e ~a~ ~ T~ova~ ~d ~n h~ new e~pmen~ m~e~ on bo~ ~e M~ playe~ ~ up ~e~ ~e~ ~m ~ of ~ ~ a s~[e- ~o~mble delete ~d ~e~ ~ ~a~ co~Ce~dy ~ ~e ~ a ~g a~mde. ~mde ~at h~ ~n ~ceJ~ Gibbs le~ ~er ~e 1992 ~o~e~er h~ one ~tage No~ T~er aever had. S~oa~e~er ~ complete aurora' for eve~' de.ion o~adom ~e~ ~g over ~ head m ~e o~er when ~ ~n't sde~ vete~ ~ 5aho=e~e~efs fhow, ~d ve~ muah a 'my way or belfry' world ~e days ~on. COACHING w~ one voice. ~. ~o ~e~ ~or STANLEY BETHEA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : : NO. 02-572 WASHINGTON REDSKINS, : Defendant : ClVlLACTION- LAW DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIE~ Defendant Washington Redskins, by and through its attorneys, McNees Wallace & Nurick LLC, hereby files Answers to Plaintiff's Interrogatories as follows: 1. Did Coach Marry Schottenheim (sic) allow free agents to try out for the Washington Redskins Football Team"? ANSWER: The term "try out" is ambiguous. The Redskins do not allow people to participate in organized team events without first executing a contract. With this proviso - Yes, the Washington Redskins did allow free agents to "try out" for the 2001 football team. 2. What is the name and address of Washington Redskins Insurance Company? ANSWER: The Washington Redskins possess no applicable insurance coverage. Dated: March J~, 2002 Respectfully submitted, McNEES WALLACE & NURICK LLC Elizabeth A. Magu,~a-~ ~.~ Attorney I.D. No./~9853 ~ Charles T. Young, Jr. Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5397 Attorneys for Defendant Washington Redskins VERIFICATION Subject to the penalties of 18 Pa. C.S.A. §4904 (relating to unsworn falsification to authorities), I, Melissa Gertz, hereby certify that I have the authority to execute this Verification on behalf of the Washington Redskins, that I have reviewed the Answers to Plaintiff's Interrogatories, and that they are true and correct to the best of my knowledge, information and belief. Washington Redskins Dated: March __., 2002 Me[issa ~ertz, Esquiret...../ Assistant General Counsel CERTIFICATE OF SERVICF The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Mr. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Dated: March 2002 aries T. Young, ,~ ~ - Counsel for Defendant Washington Redskins STANLEY BETHEA, Plaintiff V. WASHINGTON REDSKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-0572 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of September, 2002, upon consideration of Plaintiff's Motion To Compel Complete Answers to Interrogatories Pursuant To Pa. R.C.P. 4019(a)(1), a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, /S~tanley Bethea 533 Curtin Street Harrisburg, PA 17110 Plaintiff, Pro Se /Charles Young, Jr., Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant esley Oler~., J. ~ :rc STANLEY BETHEA, Plaintiff V. WASHINGTON REDSKINS, Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-572 CIVIL ACTION - LAW DEFENDANT WASHINGTON REDSKINS' ANSWER TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES FILED PURSUANT TO THE ORDER OF COURT DATED SEPTEMBER 6, 2002 Defendant Washington Redskins, by and through its attorneys McNees Wallace & Nurick LLC, hereby files this Answer to the Plaintiff's Motion to Compel Answers to Interrogatories. In support thereof, the Washington Redskins state the following: THE MOTION TO COMPEL & RULE TO SHOW CAUSE 1. On September 4, 2002, Plaintiff filed a Motion to Compel Answers to Interrogatories, seeking to compel the Washington Redskins to respond to "Interrogatories Numbers 2, 3, 4, 5." The term "Interrogatories Numbers 2, 3, 4, 5" refers to four (4) separate sets of Interrogatories served upon counsel for Washington Redskins between approximately April 25, 2002, and August 19, 2002. 2. On September 6, 2002, the Court, by Judge Oler, issued a Rule to Show Cause, directing the Washington Redskins to respond to Plaintiff's Motion to Compel. This Answer is filed in response, and it should be addressed by Judqe Oler. FACTUAL & PROCEDURAL BACKGROUI~D 3. Plaintiff Stanley Bethea, who is currently in his mid- 50's, has not played football since the early 1970's. Plaintiff was a high school football player who may (or may not) have played one year of college football as a red-shirred, walk-on freshman at Ohio State University. Plaintiff has never played, nor claimed to have played, professional football. 4. In Plaintiff's Amended Complaint, he alleges a cause of action against the Washington Redskins for intentional infliction of emotional distress, based on former Coach Marty Schottenheimer's alleged refusal to let Plaintiff know if he could try out for the football team during the team's Summer practice in August, 2001. (Amended Complaint, ¶3). 5. The Washington Redskins have filed Preliminary Objections to the Plaintiff's Amended Complaint, which Preliminary Objections have been briefed, and are scheduled for oral argument on October 23, 2002. (A copy of the Washington Redskins' Brief in Support of Preliminary Objections is attached hereto as Exhibit "A.") 6. In his Order of May 16, 2002, Judge Edgar B. Bayley characterized Plaintiff's action as "patently frivolous." (A copy of Judge Bayley's Order is attached hereto as Exhibit "B.") No discovery is necessary in order for the Court to resolve the Preliminary Objections and dismiss Plaintiff's patently frivolous lawsuit against the Washington Redskins. THE INTERROGATORIES AT ISSUE 7. Between approximately April 25, 2002 and August 19, 2002, Plaintiff served defense counsel with four (4) separate sets of Interrogatories. Each of the Interrogatories is numbered either No. 1 or No. 2. The Interrogatories at issue are the following: (1) "Did Coach Marty Schottenheim[er] make a statement with A~C 27 News and The Patriot News to have publish that Plaintiff is a frivolous-lawsuit filer?" (See Attached Exhibit "C.") [Served on or about April 25, 2002.] (2) "Did Coach Marty Schottenheim[er] decline his duty by not telling Plaintiff Stanley Bethea that he needed a contract by try out for the Washington Redskins football team as a free agent and that the Washington Redskins does not have to hire him?" (See Attached Exhibit "D.") [Served on or about August 5, 2002.] (3) "Did Coach Marry Schottenheim[er] receive Plaintiff's letter (application) dated August 2, 20017 Why did you write the statement Plaintiff does not make a particularly good candidate for a professional football player?" (See Attached Exhibit "D.") [Served on or about August 5, 2002.] (4) "When Marry Schottenheim[er] was coach for the Washington Redskins did he owe Plaintiff Stanley Bethea a legal duty to let him know if he could or could not try out for the Washington Redskins football team after he received the letter (application dated August 2, 2001)?" (See Attached Exhibit "E.") [Served on or about August 14, 2002.] (5) "Did Coach Marry Schottenheim[er] make a statement to ABC News that Stanley Bethea filed a frivolous lawsuit?" (See Attached Exhibit "F.") [Served on or about August 19,2002.] 8. Interrogatory (1) above concerns Marty Schottenheimer's alleged statement that Plaintiff is a frivolous lawsuit filer. This Interrogatory seeks information that is not relevant to Plaintiff's cause of action based on the Washington Redskins' -3- alleged refusal to allow Plaintiff to try out for the football team. Furthermore, given the frivolous nature of this action, it causes unreasonable annoyance, burden, and expense to the Washington Redskins. 9. As outlined in the Washington Redskins' Brief in Support of Preliminary Objections, Plaintiff has filed over 20 different lawsuits in Dauphin County and the Middle District, including a Petition, seeking to have his name changed to "World Savior" (Dauphin County No. 2060-S-1995). His last action against the National Football League ("NFL") and Commissioner Tagliabue resulted in a permanent injunction against Plaintiff and a substantial award of attorneys' fees in favor of the NFL. (Dauphin County No. 2310-S-2000) . 10. Interrogatory (5) above is very similar to Interrogatory (1), and it concerns Marry Schottenheimer's alleged statement that Plaintiff filed a frivolous lawsuit. 11. Interrogatory (5) is improper for the same reasons expressed with respect to Interrogatory (1) . It seeks irrelevant information, and given the frivolous nature of this action, it causes unreasonable annoyance, burden, and expense to the Washington Redskins. Furthermore, the Plaintiff's Motion to Compel is improper as less than thirty (30) days have elapsed since defense counsel was served with Interrogatory (5). See Pa.R.C.P. 4006(a) (2) . -4- 12. Interrogatories (2) and (4) seek information that is irrelevant to a cause of action for intentional infliction of emotional distress. Moreover, the Interrogatories request information about the Washington Redskins' alleged duties to Plaintiff. The Washington Redskins "duties" are a legal issue, which may be resolved by Preliminary Objection, and discovery is therefore unnecessary and unduly burdensome. See Small v. Juniata Colleqe, 682 A.2d 350, 355 (Pa. Super. 1996) (stating that, "[A] court must make the initial determination of whether a defendant's conduct was so extreme and outrageous that recovery [for intentional infliction of emotional distress] may be justified.") 13. Interrogatories (2) and (4) were served on or about August 5, 2002, and August 14, 2002, respectively. Plaintiff did not allow Defendant 30 days to respond to the Interrogatories before filing his Motion to Compel. Hence, the Motion to Compel is premature and improper. See Pa.R.C.P. 4006(a) (2). 14. Interrogatory (3) seeks to know why "Plaintiff does not make a particularly good candidate for a professional football player?" This question relates to a statement contained in Footnote 1 of Defendant's Answer to Plaintiff's Motion for Leave to File Third Amended Complaint. The relevant footnote stated that, "Since Plaintiff is in his mid-50's and has not played organized football in over 30 years, Plaintiff does not make a particularly good candidate for a professional football player." -5- 15. Interrogatory (3) seeks information which is not relevant to a cause of action for intentional infliction of emotional distress. Furthermore, given the frivolous nature of this action, it causes unreasonable annoyance, burden, and expense to the Washington Redskins. Finally, Plaintiff's Motion to Compel was served prior to the expiration of the relevant 30- day period, and hence, it is premature and improper. See Pa.R.C.P. 4006(a) (2). WHEREFORE, Defendant Washington Redskins requests that the Court deny Plaintiff's Motion to Compel Answers to Interrogatories and stay all discovery pending a decision on the Washington Redskins' Preliminary Objections, which are scheduled for oral argument on October 23, 2002. McNEES WA~LAC~ & NURICK LLC ~-l'~abeth A. Mag~c~k//~ Attorney I.D. Ng/ 39853 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5397 Fax: (717) 237-5300 Attorneys for Defendant Washington Redskins Dated: Septe~er ~, 2002 -6- Exhibit A STAIqLEY BETHEA, Plaintiff WASHINGTON REDSKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-572 CIVIL ACTION - LAW BRIEF IN SUPPORT OF DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT I. BACKGROUND Plaintiff Stanley Bethea, who is currently in his mid-50's, has not played football since the early 1970's. Plaintiff was a high school football player, who may (or may not) have played one year of college football as a red-shirred, walk-on freshman player at Ohio State University. He has never played, nor claimed[ to have played, professional football. To counsel's knowledge, Plaintiff has never before filed suit in Cumberland County; however, Plaintiff is well known throughout Harrisburg for his litigious ways. Prior to the undersigned law firm's involvement with him, Plaintiff had filed ten separate actions in Dauphin County.~ Plaintiff had also ~ Plaintiff filed an action against Harrisburg Area Community College (No. 2468-S-1995); against Setco (No. 1504-S-t995); against. Barry B. Moore, MD (No. 1174-S-1995) ; against the New Cumberland Army Depot Defense Distribution Center (No. 0409 S- 1995); against the Broad Street Market (No. 1470-S-1994) ; against Global Safety Tractor Trailer Driving Course (No. 0420-S-1994) ; against Advance Security (No. 0258-S-1994) ; and two separate actions against Harrisburg Hospital (Nos. 2290-S-1994 & 2056-S- 1994). Finally, Plaintiff also filed a Change of Name Petition, seeking to change his name to "World Savior" (No. 2060-S-1995) , filed nine different actions in the United States District Court for the Middle District of Pennsylvania.2 Upon encountering Plaintiff, counsel successfully defended the Harrisburg Area Community College in an action he filed in the United States District Court for the Middle District of Pennsylvania (1:1994 CV 0555). Counsel then defended the National Football League against four successive suits filed by Plaintiff. See Bethea v. National Football Leaque (amended caption), M.D. Pa., 1:CV-97-1032, appeal dismissed, 149 F.3d 1163 (3rd Cir. 1998); Bethea v. National Football Leaque, Dauph. Co., 4250-S-1998, affirmed, 1999 Pa. Super. LEXIS 3464, 496 MDA 1999 (Pa. Super. Oct. 5, 1999); Bethea v. National Football Leaque, Dauph. Co., 5022-S-1999; Bethea v. National Football Leaque, Dauph. Co., 2310-S-2000. Plaintiff's fourth and final action against the NFL'resulted in the grant of an injunction, permanently enjoining Plaintiff from suing the NFL in either Dauphin County or the Middle District, without prior leave of court (Dauph. Co., 2310-S-2000). 2 He filed an action against the New Cumberland Army Depot Defense Distribution Center (1:1995 CV 00250); a suit against Employment Standards (1:1993 CV 01089); an action against Bronstein-Jeffries (1:1998 CV 01088); and an action against Setco (1:1994 CV 00293). He filed three lawsuits against the Hamilton Health Center (1:1996 CV 01825 & 02086; 1:1997 CV 00145) and two suits against the Players Association (1:1998 CV 00723 & 01267). Plaintiff subsequently appealed from decisions rendered against him in Setco (95-7337) and Employment Standards (93-7571). -2- It also resulted in substantial attorneys' fees being imposed against Plaintiff for vexatious conduct. Since he is no longer able to sue the NFL in Dauphin County or the Middle District, Plaintiff has apparently moved on to the Washington Redskins in Cumberland County. II. STATEMENT OF FACTS Plaintiff alleges that on or about August 1, 2001, he went to the Washington Redskins' training camp to try out for the position of half-back and punt returner. (Amended Complaint, at ¶1,' incorporating the Complaint, at ¶5). At that time, Plaintiff alleges that Coach Marty Schottenheimer refused to allow him to try out for the Washington Redskins football team. (Amended Complaint, at ¶3). Coach Schottenheimer purportedly did this "with the intention to inflict emotional distress upon the Plaintiff." (Amended Complaint, at ¶5). Thereafter, Plaintiff allegedly suffered severe and grievous mental and emotional suffering, fright, anguish, shock, nervousness, and anxiety. (Amended Complaint, at ¶6). III. PROCEDURAL HISTORY On or about February 1, 2002, Plaintiff commenced this action by filing a Complaint. Defendant filed Preliminary Objections. Upon obtaining leaving of Court, Plaintiff filed an Amended Complaint. In his Amended Complaint, Plaintiff asserted a cause of action for intentional infliction of emotional distress. (Amended Complaint, at ¶2). Plaintiff subsequently -3- attempted to amend his Complaint on several other occasions; however, those proposed amendments were either denied or not addressed by the Court. In denying Plaintiff's motion for leave to file a third amended complaint, Judge Bayley characterized Plaintiff's claims as "patently frivolous." (See Order, Bayley, J., 5/16/02). On or about April 3, 2002, Defendant filed Preliminary Objections to the Amended Complaint. This brief is filed in support of those Preliminary Objections. IV. ISSUES PRESENTED Whether Plaintiff can state a cause of action for intentional infliction of emotional distress when Defendant's conduct, upon which Plaintiff's claim is based, was not outrageous? Suggested Answer: No. Whether, in the absence of physical harm to the Plaintiff, he may state a cause of action for intentional infliction of emotional distress? Suggested Answer: No. V. LEGAL ARGUMENT A. Elements of Intentional Infliction of Emotional Distress Pennsylvania law characterizes intentional infliction of emotional distress as the action of one, who by extreme and outrageous conduct, intentionally or recklessly causes severe emotional distress to another, if bodily harm to the other results from it. Hoy v. Anqelone, 720 A.2d 745, 753 (Pa. 1998) (quoting the Restatement (Second) of Torts § 46(1)). "[T]he -4- plaintiff must prove that the defendant, by extreme and outrageous conduct, intentionally or recklessly caused the plaintiff severe emotional distress." Motheral v. Burkhart, 583 A.2d 1180, 1188 (Pa. Super. 1990) (en banc). In the employment context, Pennsylvania courts have found outrageous conduct only "where an employer engaged in both sexual harassment and other retaliatory behavior against an employee." Ho¥, 720 A.2d at 754 (quotation marks omitted). "[A] court, must make the initial determination of whether a defendant's conduct was so extreme and outrageous that recovery may be justified." Small v. Juniata Colleqe, 682 A.2d 350, 355 (Pa. Super. 1996). In order to support a cause of action for intentional infliction of emotional distress, the conduct must be "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." Motheral, 583 A.2d at 1188. In addition, the defendant must have knowledge that "severe emotional distress is substantially certain to be produced by his conduct." Jackson v. Sun Oil Co. of Pennsylvania, 521 A.2d 469, 471 (Pa. Super. 1987) (italics in original). Finally, the existence of the plaintiff's "emotional distress must be supported by competent medical evidence." Abadie v. Riddle Mem'l HosD., 589 A.2d 1143, 1146 (Pa. Super. 1991). "A plaintiff must . show physical injury or harm in order to sustain a cause of action for intentional infliction of -5- emotional distress." Fewell v. Besner, 664 A.2d 577, 582 (Pa. Super. 1995). B. The Alle~ations in the Instant Case 1. No Outraqeous Conduct by Defendant Plaintiff's allegations do not satisfy the elements of intentional infliction of emotional distress. Under Pennsylvania law, an employer may generally hire and terminate employees for any reason whatsoever, unless restrained by contract. McLauqhlin v. Gastrointestinal SDecialists/ Inc., 750 A.2d 283, 286 (Pa. 2000); Werner v. Zazyczn¥, 681 A.2d 1331, 1335 (Pa. 1996). In this case, Plaintiff was not even Defendant's employee. Rather, Plaintiff alleges that Defendant "refuse[d] to let the Plaintiff know if he could try out for the Washington Redskins football team." (Amended Complaint, at ¶3). In essence, Plaintiff is claiming a right "to interview" for a job, when none exists. Because Plaintiff had no right to interview for a job for which he was totally unqualified, and because Defendant was privileged to hire and fire prospective and current employees as it saw fit,3 Defendant's conduct cannot, as a matter of law, be considered as outrageous or beyond the bounds of a civilized society. 3Under the NFL's draft rules, Plaintiff is a "free agent," which any team may choose to employ. Plaintiff has admitted that he is a free agent. (Amended Complaint, at ¶1, incorporating the Complaint, at ¶5). -6- In Strickland v. University of Scranton, 700 A.2d 979 (Pa. Super. 1997), the appellant was a tenured faculty member who was removed from his position by appellee University of Scranton, due in part, to his financial dealings with a fellow faculty member's surviving spouse (appellee Indira Srivastava). Id. at 982. The trial court granted the University of Scranton's preliminary objections to the appellant's claim of intentional infliction of emotional distress, and the Superior Court affirmed. 700 A.2d at 987. In doing so, the Superior Court stated the following: The trial court found that Appellant failed to allege sufficient facts to demonstrate that the conduct of Appellee or the University was outrageous. We agree. Appellee merely sought to collect monies she believed were owed to her and, in the process of the subsequent civil suit and filinq of criminal charqes, the University decided to terminate Appellant from its employment. We cannot, as a matter of law, find either course of conduct to demonstrate the amount of outrageousness required to allow recovery for the intentional infliction of emotional distress. 700 A.2d at 987 (underlining added; footnote omitted). In Strickland, the Superior Court found that the termination of a tenured faculty member did not constitute outrageous conduct. Plaintiff's case is much weaker than that presented in Strickland. He is neither tenured (i.e., employed pursuant to either an express or implied contract) nor even an employee. Accordingly, the refusal to allow Plaintiff to try out for the Defendant's football team, cannot constitute the intentional infliction of emotional distress. -7- If Plaintiff were allowed to state a claim for intentional infliction of emotional distress based on the allegations in his Amended Complaint, then the at-will employment doctrine would effectively have been done away with in the state of Pennsylvania. Every employee or prospective employee who is terminated, is likely to suffer at least some emotional distress. This emotional distress, however, cannot be allowed to state a cause of action. See Hoy, 720 A.2d at 754-55 (finding that sexual harassment and a sexually hostile work environment did not constitute the intentional infliction of emotional distress); Small, 682 A.2d at 350 (finding that football players' complaints about their coach did not constitute the intentional infliction of emotional distress); Jackson, 521 A.2d at 470-71 (finding that employer's failure to tell co-employees that allegations of a sexual nature were false, did not constitute intentional infliction of emotional distress). 2. No Physical Injury to Plaintiff Even assuming that Defendant's conduct was outrageous (which is strenuously denied), the intentional infliction of emotional distress must be supported by some "physical injury or harm" to the plaintiff. Fewell, 664 A.2d at 582; see also Habe v. Fort Cherry Sch. Dist., 786 F. Supp. 1216, 1221 (W.D. Pa. 1992). In his Amended Complaint, Plaintiff has not alleged physical injury as a result of Defendant's conduct. He has not described physical symptoms. He has not alleged treatment with a doctor or -8- at a hospital. He has not alleged that he was unable to work. Liability for intentional infliction of emotional distress "does not extend to mere insult, indignities, threats, annoyances, petty oppressions, or other trivialities." Abade v. Riddle Mem'l Hosp., 589 A.2d 1143, 1146 (Pa. Super. 1991) (italics omitted). As a result, Plaintiff has failed to plead a necessary element of a claim for intentional infliction of emotion distress. VI. CONCLUSION For the foregoing reasons, Defendant Washington Redskins respectfully requests that the Plaintiff Stanley Bethea's Amended Complaint be dismissed. Further, as any amendment to the Amended Complaint would be futile, judgment should be entered in favor of Defendant and against Plaintiff. See Werner, 681 A.2d at 1338. Respectfully submitted, McNEES WALLACE & NURICK LLC Attorney I.D./No. 3~853 Charles T. Y~ung, Jr. Attorney I.D. No. 80680 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 237-5397 Fax: (717) 237-5300 Attorneys for Defendant Washington Redskins Dated: August ~, 2002 -9- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Dated: August ~, 2002 Mr. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Charles T. Y~,.n~(~'~// wCa°sU~ne~tofn°rR~dSf~ndsant Exhibit B STANLEY BETHEA, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON REDSKINS, DEFENDANT 02-0572 CIVIL TERM ORDER OFCOURT AND NOW, this ~ .day of May, 2002, pursuant to the Rule entered against defendant to show cause why plaintiff should not be granted leave to file a third amended complaint, and the answer thereto, the Rule I$ DISMISSED. The motion for leave to file a third amended complaint, I$ DENIED.~ Stanley Bethea, Pro se 533 Curtin Street Harrisburg, PA 17110 Charles T. Young, Jr., Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 For Defendant :saa ' The causes of action alleged in the proposed third amended complaint are patently frivolous. Exhibit C ,BIo, Exhibit D Exhibit E Exhibit F riFF I, Charles T. Young, Jr., hereby certify that on this day of September, 2002, a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Charles T. You~, J~. Attorney for D~fendant Washington Redskins STANLEY BETHEA, Plaintiff V. WASHINGTON REDSKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-0572 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of September, 2002, upon consideration of Plaintiff's Motion To Compel Complete Answers to Interrogatories Pursuant To Pa. R.C.P. 4019(a)(1), and of Defendant's Answer thereto, the motion is denied, without prejudice to Plaintiff's right to refile the motion in the event Defendant's preliminary objections to Plaintiff's complaint are not sustained. PENDING disposition of the preliminary objections, all discovery is stayed. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Plaintiff, Pro Se Charles Young, Jr., Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant BY THE COURT, I;e~ley Oler,~ " ~.. STANLEY BETHEA, PLAINTIFF V. WASHINGTON REDSKINS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · 02-0572 CIVIL TERM ORDER OF COURT AND NOW, this ~1~ day of October, 2002, IT IS ORDERED that the within motion to permit the filing of a second amendment to the complaint shall be considered at the argument already scheduled for October 23, 2002. Stanley Bethea 533 Curtin Street Harrisburg, PA 17110 Charles T. Young, Jr., Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 For Defendant :sal "i-e~ STp.- ~ 16.6 STANLEY BETHEA, PLAINTIFF IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON REDSKINS, DEFENDANT · 02-0572 CIVIL TERM IN RE: PRELIMINARY OBJECTION OF DEFENDAN I TO PLAINTIFF'S AMENDED COMPLAINT AND PLAINTIFF'S MOTION _TO FILE A SECOND AMENDED COMPLAINT BEFORE BAYLEY, J. AND HESS, J. ORDER OF COURT AND NOW, this J(:~ day of November, 2002: (1) The preliminary objection of defendant to plaintiff's amended complaint in the form of a demurrer, IS GRANTED. Plaintiff's amended complaint, IS DISMISSED. (2) The motion of plaintiff to file a second amended complaint, IS DISMISSED. By th~b~ Edgar B. Baying/, /Stanley Bethea, Pro se 533 Curtin Street Harrisburg, PA 17110 /Charles T. Young, Jr., Esquire 100 Pine Street Harrisburg, PA 17108 For Defendant :sal STANLEY BETHEA, PLAINTIFF Vo · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON REDSKINS, DEFENDANT ' 02-0572 CIVIL TERM IN RE: PRELIMINARY OBJECTION OF DEFENDAN/ TO PLAINTIFF'S AMENDED COMPLAINT AND PLAINTIFF'S MOTION TO FILE A SECOND AMENDED COMPLAINT BEFORE BAYLEY, J. AND HESS, J. OPINION AND ORDER OF COURT Bayley, J., November 18, 2002:-- On February 1, 2002, plaintiff, Stanley Bethea, filed a complaint against defendant, Washington Redskins. Defendant filed preliminary objections to the complaint. Plaintiff then filed leave to amend his complaint. An order was entered on March 25, 2002, providing that "the amended complaint shall be deemed filed pursuant to Pennsylvania Rule of Civil Procedure 1028(c)(1)." Defendant filed a preliminary objection to the amended complaint in the form of a demurrer. Plaintiff filed a motion to file a second amended complaint. These matters are before us for disposition., In his amended complaint, plaintiff avers that he went to the Washington ' Plaintiff subsequently filed motions to file a third amended complaint and a fourth amended complaint, both of which were denied because there has not yet a resolution of his motion to file a second amended complaint. 02-0572 CIVIL TERM Redskins Training Camp in Carlisle, Pennsylvania, on August 1, 2001, to tryout for the position of "half-back for kick off and punt returner." Plaintiff alleges that he was qualified to tryout for the football team as an unrestricted free agent. Plaintiff alleges that the coach of the Washington Redskins, Marry Schottenheimer, "willfully and wantonly refused to let the plaintiff know if he could try out for the Washington Redskins Football Team." Plaintiff alleges that "It was coach Marry Schottenheimer [sic] duty to let the plaintiff know if he could or could not try out for the team." Based on the coach not telling him if he could tryout for the team, plaintiff claims a cause of action against the Washington Redskins for intentional infliction of emotional distress. If this was an action for damages at law for negligence a necessary element to recover would be the violation of a duty or obligation requiring defendant to conform to a certain standard of conduct. See Morena v. South Hills Health System, 501 Pa. 634 (1983). Plaintiff herein has alleged that there was a duty owed to him by defendant. He has failed to set forth what duty defendant breached. We know of no duty requiring the coach of a professional football team to inform persons whether they will be given a tryout for the team. By not telling plaintiff if he could tryout for the team, defendant was effectively not granted a tryout. A professional football team hardly has to give tryouts to anyone who walks into its training camp. Plaintiff has no cause of action for intentional infliction of emotional distress on a claim of conduct of defendant that did not constitute a wrong. In Hoy v. Angelone, 720 A.2d 745 (Pa. 1998), the Supreme Court of Pennsylvania stated: -2- 02-0572 CIVIL TERM This tort [intentional infliction of emotional distress] is defined as follows: One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm. ·.. There is very little Pennsylvania or federal case law addressing this cause of action, However, courts have been chary to allow recovery for a claim of intentional infliction of emotional distress· Only if conduct which is extreme or clearly outrageous is established will a claim be proven. Indeed our Superior Court has noted, "It]he conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized society." Buczek v. First National Bank of Mifflintown, 366 Pa. Super. 551,558, 531 A.2d 1122, 1125 (1987). Described another way, "[i]t has not been enough that the defendant has acted with intent which is tortious or even criminal, or that he has intended to inflict emotional distress, or even that his conduct has been characterized by 'malice,' or a degree of aggravation that would entitle the plaintiff to punitive damages for another tort." Restatement (Second) of Torts §46, comment d; Daughen v. Fox, 372 Pa. Super. 405, 412, 539 A.2d 858, 861 (1988). (Footnote omitted). In Small v. Juanita College, 682 A.2d 350 (Pa. Super. 1996), the Superior Court of Pennsylvania stated with respect to a claim of intentional infliction of emotional distress, that "a court must make the initial determination of whether a defendant's conduct was so extreme and outrageous that recovery may be justified." The conduct of the coach of the Washington Redskins in not telling plaintiff if he could tryout for the team was not so extreme and clearly outrageous that it could constitute a cause of action for intentional infliction of emotional distress. Plaintiff has not set forth any facts which would give him a cause of action against the Washington Redskins. Accordingly, we will grant defendant's demurrer and -3- 02-0572 CIVIL TERM deny plaintiff's motion to file a second amended complaint. .ORDER OF COURT AND NOW, this ~ day of November, 2002: (1) The preliminary objection of defendant to plaintiff's amended complaint in the form o~ a demurrer, IS GRANTED. Plaintiff's amended complaint, IS DISMISSED. (2) The motion of plaintiff to file a second amended complaint, IS DISMISSED. dga'r B. Bayle~,~J.~ Stanley Bethea, Pro se 533 Curtin Street Harrisburg, PA 17110 Charles T. Young, Jr., Esquire 100 Pine Street Harrisburg, PA 17108 For Defendant :sal -4-