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HomeMy WebLinkAbout04-6380s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, No. L). L Plaintiff L vs. GENERATIONS MANAGEMENT SERVICES, LLC JURY TRIAL DEMANDED 405 Cedar Lane Teaneck, NJ 07666 Defendant PRAECIPE FOR SUMMONS To: Curt Long, Prothonotary ISSUE Writ of Summons in a civil action. Damages $25,000.00 and up. Returnable next term. Respectfully submitted, EDWARD M. BRENNAN, ESQUIRE '?z 0 &W4? Attorney I.D. No. 38770 Attorney for Plaintiff 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 Date: 1?-11-71a 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : No. 04 Civil Term JURY TRIAL DEMANDED ORDER AND NOW, this 0 - day of mw ce _'20 upon consideration of Plaintiff's Motion to Consolidate and stipulation of the parties in open Court, the above-captioned matter is consolidated with the suit docketed to 2002-614, for discovery purposes only. Each party has the right to file an additional motion to consolidate for purposes of trial which will be considered by the Court at a later date. r? G = ° --, cn p -tom C) --tc? -4 c" 61 ,oI s ply-/,a 2, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant No. 04-6380 Civil Term : JURY TRIAL DEMANDED ORDER AND NOW, this day of Tq'w-mr , 20 upon consideration of Plaintiff's Motion to Consolidate and stipulation of the parties in open Court, the above-captioned matter is consolidated with the suit docketed to 200"#4. 1br discovery purposes only. Each party has the right to file an additional motion to consolidate for purposes of trial which will be considered by the Court at a later date. ?N-? qA - -- J. c 2rn - c.. ]2P x " -v X z m oc? CD C:)-n w ? ,- ? ?rtji n q h ?? -- N3 - r/ ?ra h ? ??ar? ??. t"p'e-S I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, No. Off(- ?IUL Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC 405 Cedar Lane Teaneck, NJ 07666 Defendant JURY TRIAL DEMANDED SUMMONS TO: Generations Management Services, LLC 405 Cedar Lane Teaneck, NJ 07666 You are hereby notified that the Plaintiff, Carl R. McAloose, has commenced an action against you which you are required to defend or a default judgment may be entered against you. Prothonotary eputy Prothonotary Date: DEC- av i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant No. 04-6380 Civil Term JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant No. 04-6380 Civil Term JURY TRIAL DEMANDED COMPLAINT The Plaintiff, Carl R. McAloose, by and through his attorney, Edward M. Brennan, Esquire, seeks to recover from the Defendant a sum in excess of Twenty-Five Thousand ($25,000.00) Dollars upon a cause of action wherein the following is a statement: Plaintiff, Carl R. McAloose, is an adult individual residing at 1050 Willow Drive, Orwigsburg, Schuylkill County, Pennsylvania 17961. 2. Defendant, Generations Management Services, LLC (hereinafter "DEL-GMS"), is a Delaware limited liability company with its principal place of business at 405 Cedar Lane, Teaneck, New Jersey 07666. Defendant, Generations Management Services, LLC, was formed by Kohl Partners, LLC (hereinafter "Kohl"), a New Jersey limited liability company with its principal place of business at 405 Cedar Lane, Teaneck, New Jersey 07666. 3. Plaintiff was co-founder of Generations Management Services, LLC (hereinafter "PA-GMS"), a Pennsylvania limited liability company, which had its principal place of business at 600 Wilson Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055, and was held out as such on the corporate website. A copy of same is attached hereto as Exhibit "A". 4. Plaintiff began working for PA-GMS as Senior Vice-President of Operations on February 1, 2000. 5. In consideration of his services as Senior Vice-President and services in founding said corporation, Plaintiff owned and/or acquired certain units of ownership of PA-GMS as alleged herein. On or about April 28, 2000, Plaintiff was vested with 75,000 units of ownership of PA-GMS. Attached as Exhibit "B" is a true and correct copy of a letter from the President and CEO of PA-GMS to its corporate counsel indicating that Plaintiff should receive the 75,000 units of ownership. 7. It is believed and averred that PA-GMS offered specialized management and consulting to assisted living facilities, Alzheimer's cases, independent living and other aspects of senior living. 8. By letter dated January 16, 2001, addressed to Doug Brewer, CEO of PA-GMS, Plaintiff submitted his letter of resignation. 9. Following Plaintiff's resignation from PA-GMS, PA-GMS refused to acknowledge that Plaintiff acquired 75,000 units of ownership of the corporation pursuant to the letter dated April 28, 2000. 10. PA-GMS' refusal to honor the Plaintiff's ownership of 75,000 units of ownership was without cause and in violation of Plaintiffs agreement with PA-GMS as reflected in Exhibit "B„ 11. PA-GMS negotiated a buyout or merger with Defendant, DEL-GMS, without protecting its minority ownership rights. 12. Plaintiff believes and therefore avers that Douglas Brewer, a similarly situated shareholder of PA-GMS, received from Defendant value for his units of ownership including, but not limited to, a bonus of $40,000.00 to be paid one-third ('/a) at closing, one-third (1/3) thirty (30) days after closing, and one-third ('/3) sixty (60) days after closing. 13. DEL-GMS was merely a continuation of PA-GMS. 14. Plaintiff was asked by PA-GMS to consent to the transaction between PA-GMS and DEL-GMS which was billed as an Asset Purchase Agreement. Plaintiff refused to sign said Agreement and was therefore denied any compensation owed to him by PA-GMS. 15. Defendant, DEL-GMS, conspired with PA-GMS to refuse to protect Plaintiff s ownership interest and to negotiate a merger and/or buyout where minority owners such as Plaintiff received nothing, while Douglas Brewer received substantial financial gain in an attempt to suppress Plaintiffs minority ownership rights in PA-GMS and further conspired to violate the fiduciary duty PA-GMS owed to Plaintiff. 16. DEL-GMS is liable under the laws of Pennsylvania to Plaintiff in that: a. DEL-GMS expressly or impliedly agreed to assume the obligations of PA- GMS; b. The transaction between PA-GMS and DEL-GMS was, in essence, a consolidation or merger; C. DEL-GMS was merely a continuation of the operations of PA-GMS; d. PA-GMS and DEL-GMS engaged in a fraudulent attempt to escape liability to Plaintiff by suppressing his minority rights. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in his favor and against Defendant in an amount of money in excess of Twenty-Five Thousand ($25,000.00) Dollars, together with costs and interest thereon. Date: // 7"oS Respectfully submitted, Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff C?(kl k?t Senior „?klarwQematt , .. , . Douglas L. Brewer Doug Brewer is a co-founderof Generations bfanagement Serv ices and serves as President and Chief Executive Officer. Fie has spent the last 20 years dividing his time equally between healthcare and hospitality. Most recently, Doug served as senior vice president and ofcer of Balanced Care Corporation, a public company with annual revenues exceeding 5100 million from its operation of more than 100 Assisted Living, Independent Living and Skilled Nursing Facilities throughout the country. Doug was responsible for all ancillary departments including nursing, Alzheimees programming, dietary, environmental, purchasing, residential services and staff training. Prior to Balanced Care, Doug was with Continental Medical Systems, Inc. (CMS) a national provider of medical rehabilitation services with annual revenues exceeding S I billion. As a senior vice president, he was instrumental in the development of more than 25 physical rehabilitation hospitals and was directly responsible for the successful development of the company's unit management group, Select Rehab. Prior to CMS, Doug had regional operational responsibilities within the hospitality industry, first with Motor Hotel Management and then with Club Corporation of America, an owner/operator of more than 300 country clubs and city clubs nationwide. Doug holds a bachelors degree in finance from the University of Central Oklahoma and a M.B.A. from Kutztown University. He has scrvcd on {wards of directnis and m hozVd prasidcnt with non-profit org,mimations. Carl R. McAloose Carl McAloose is a co-founder of Generations Management Services. He serves as Senior Vice President of Operations for Generations Management Services and is responsible for the start-up and ongoing operational oversight of the company's Independent and Assisted Living contracts. Most recently, Cut served as a regional community director for Balanced Care Corporation where he concentrated in the intense areas of census development, mm around/problem operations and pre-opening. Prior to Balanced Care, he served as director of operations with Manor Care Health Services, where he was responsible for the operations and financial performance of eight facilities encompassing mote than 1,400 beds and annual revenues in excess of S80 million. Carl has also served as executive director of Bethany Village, a large 300-bed Continuing Care Retirement Community (CCRCQ, where he was responsible for all aspects of operations and financial performance. Carl has extensive experience in the areas of JCAHO Certification, State Licensure and Survey. Prior rejoining the healthcare industry, Carl served as a Commissioned Officer with the United States Army Reserve as a Communications-Electronics Officer, and as Officer-in-Charge/Communications Officer with the Central Intelligence Agency at various international locations. He holds a bachelor's degree in public policy from Pennsylvania State University and he graduated summa cum laude with a master's degree in health administration from the University of Scranton. Carl is also a licensed nursing home administrator and a past member of the Pennsylvania Health Care Association's Board of Directors (1996-98). President & CEO dbrewer d) -e atiortsms.com Senior Vice President of Operations cmcaloose(,daenerationsms. com William J. Seres Bill Seres serves as Vice President of Sales and Marketing for Generations Management Services. In this role, he is responsible for the census development at our managed communities, as well as developing new business opportunities in existing and potential market areas. Prior to joining Generations, Bill was vice president of sales for Balanced Care Corporation. He successfully increased the company's census by a minimum of 110 for eight snraieht months and developed a sales uamine .rogram for the organization's directors and managers. Bill's Background in neaithcare includes accomplishments as director of business development .or VarorCare Heal:.'; Services and division sales manager for Johnson and Jonnson Ai Manor Care, he directed and managed sales for the Eastern Division, generating more than $330 million in annual sales. At Johnson and Johnson, he led a sales division from the tenth position out of 12, to the nnmher one not in the u,mnanv after nnty rwo venr Rill is a Vietnam Vice President of Sales & Marketing -1 ? 70 0 ally Pagfe 1 of 3 http: i'mailhostCagenerationsms.com,,manbio.htm 1'29101 ,???r?,f April 28, 2000 Steve Adelkoff, Esquire Kirpatrick & Lockhart, LLP HWO Building 535 Smithfield Street Pittsburgh, PA 15222 Re: Anticipated Members of Generations Management Services, LLC ("Generations") Dear Steve: It was a pleasure speaking with you and Dave on Wednesday regarding the blue sky offering proposed by Generations. This letter is intended to outline the Senior Management ownership and distribution policy. In addition I have attached the most recent summary of Membership Units for your review. The units proposed below would be allocated from the 170,000 units listed on the attached forin under "Employee Stock". The only modification to the summary that we currently anticipate is the potential KPMG equity participation, which, I would like to discuss further with you. Total Employee ownership units ..................... 170,000 units Carl McAloose, Senior VP Operations ............... ................... 75,000 Pat Cassel, Director of Clinical Services .................................20,000 Wendy Clark, Office Manager ................................... :........... 5,000 Gwen Kissinger, Director of Human Resources ........................ 5,000 Director Of Marketing, TBD ......................................... ....... 20,000 Roger Breed-Not employed but helped establish company ..............10,000 Total Distributed. ..... ....... ....... .......... 135,000 Balance undistributed ..........................................................35,000 I would prefer that all employee units vest over an 18-month period, with the exception of Carl McAloose and Roger Breed; in their case all units would vest immediately. I look forward to discussing this with you at your convenience, please let me know if you need additional information. est regards, 2 Doug B?ewzr President & CEO cc' Jim Dieboid David Car. VERIFICATION I, CARL R. McALOOSE, do hereby certify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Date: CARL R. MCALOOSE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL R. McALOOSE, Plaintiff CIVIL ACTION V. No. 04-6380 Civil Term GENERATIONS MANAGEMENT SERVICES, LLC, JURY TRIAL DEMANDED Defendant DEFENDANT'S ANSWER WITH NEW MATTER NOW COMES Defendant, Generations Management Services, LLC, by and through its counsel, CLARK LAW OFFICE, who files this Answer with New Matter to the Complaint and in support thereof, avers as follows: 1. Admitted in part; denied in part. It is admitted that Plaintiff is an adult individual. After reasonable investigation, Defendant is without sufficient information or belief to admit or deny the current residence of Plaintiff. 2. Admitted. 3. Denied as stated. Defendant is uncertain what Plaintiff means by "cofounder" and, therefore, cannot admit or deny this averment and strict proof of same is demanded. By way of further response, Defendant avers that Plaintiff was employed by PA-GMS before resigning his employment with said entity in or about January 2001. Defendant cannot verify that what Plaintiff attached to the Complaint as Exhibit "A" is a written printout of a website and strict proof of same is demanded. 4. Admitted in part; denied in part. It is admitted that Plaintiff worked for PA-GMS until his resignation from said entity in or about January 2001. After reasonable investigation, Defendant is without sufficient information or belief to admit or deny the capacity or capacities in which Plaintiff so worked or when he so worked and strict proofs of same are demanded. 5. Denied. Defendant is without sufficient information or belief to admit or deny that Plaintiff ever owned and/or acquired any units of ownership in PA-GMS. It is further denied that Plaintiff owned and/or acquired units of ownership as alleged in the remainder of the Complaint. 6. Denied. The averment is a legal conclusion to which no response is required and is therefore denied. By way of further answer, Defendant is without sufficient information or belief to admit or deny said averment, the authenticity of said document, or the legal effect of said document (if authentic), and the averment is therefore denied. 7. Admitted. 8. Admitted in part; denied in part. It is admitted that Plaintiff resigned by submitting a resignation letter to the former CEO of PA-GMS. After reasonable investigation, Defendant is without sufficient information or belief to admit or deny the date of the letter and therefore the same is denied and strict proof is demanded. 9. Admitted on information and belief that PA-GMS disputes Plaintiffs assertion of right to alleged ownership units in "the corporation" (which Defendant infers to mean PA-GMS). By way of further response, Defendant specifically denies that Plaintiff acquired 75,000 ownership units of any corporation pursuant to said letter. 10. Denied. The averment is a legal conclusion to which no response is required and is therefore Denied. By way of further response, Defendant disputes the existence of any "agreement" with Plaintiff to grant units of ownership in PA-GMS, that any refusal to honor Plaintiff s alleged claim to ownership units was "without cause," that the same violated an agreement, or that the document attached as Exhibit B to the Complaint reflects such an agreement, and strict proofs of the same are demanded. 11. Denied. The averment is a legal conclusion to which no response is required and is therefore Denied. By way of further response, Plaintiff does not identify to which buyout or merger he is referring in Paragraph 11 of the Complaint. To the extent that Plaintiff is referring to acquisition of certain assets of PA-GMS by Defendant, Defendant specifically denies that the rights of owners of PA-GMS' minority interests were not protected in said transaction. 12. Denied. The averment is a legal conclusion to which no response is required and is therefore Denied. By way of further response, Defendant specifically denies that Douglas Brewer was a "similarly situated shareholder" to Plaintiff, that Defendant paid value to Brewer for his units of ownership in PA-GMS, or that Defendant paid value to Brewer as described, and strict proofs of the same are demanded at trial. 13. Denied. The averment is a legal conclusion to which no response is required and is therefore Denied. By way of further response, Defendant is without knowledge or information to respond to the averment of what constitutes a "continuation" and the same is therefore denied. 14. Admitted in part and denied in part. Admitted that the transaction was styled as an Asset Purchase Agreement; by way of further response, it was carried out as such. The remainder of the averment is denied, as Defendant is without knowledge or information sufficient to admit or deny whether PA-GMS asked Plaintiff to consent, whether Plaintiff withheld said consent or whether Plaintiff would have been owed any compensation from PA-GMS with or without said consent, and strict proofs of the same are demanded at trial. 15. Denied. The averment is a legal conclusion to which no response is required and is therefore Denied. 16. Denied. The averment is a legal conclusion to which no response is required and is therefore Denied: a. Denied. The averment is a legal conclusion to which no response is required and is therefore Denied. b. Denied. The averment is a legal conclusion to which no response is required and is therefore Denied. c. Denied. The averment is a legal conclusion to which no response is required and is therefore Denied. d. Denied. The averment is a legal conclusion to which no response is required and is therefore Denied. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss the Complaint and enter judgment in favor of Defendant and against Plaintiff and award such other relief as may be just. NEW MATTER 17. Defendant incorporates its averments in paragraphs 1 through 16 as if set forth in full. 18. The Complaint fails to state a claim on which relief may be granted. 19. The Complaint was filed outside the applicable statute of limitations. 20. Plaintiff resigned from employment with PA-GMS in January 2001. 21. The letter attached as Exhibit B to the Complaint did not reflect any agreement between the Plaintiff and Defendant. 22. The letter attached as Exhibit B to the Complaint did not reflect any agreement between the Plaintiff and PA-GMS regarding the issuance of ownership units of PA-GMS. 23. The letter attached as Exhibit B to the Complaint merely reflected a proposal of how ownership units might be granted to certain persons affiliated with PA-GMS, but did not reflect any actual grant of units to said persons. 24. On information and belief, Plaintiff did not meet conditions precedent to issuance of ownership units in PA-GMS. 25. On information and belief, whatever ownership units of PA-GMS Plaintiff possessed, which Defendant disputes, were void by virtue of his resignation. 26. On or about November 28, 2001, Defendant acquired the assets of PA-GMS. 27. On information and belief, Plaintiff was not a member of PA-GMS at the time of said asset acquisition. 28. On information and belief, the asset sale from PA-GMS to Defendant was approved by all members of PA-GMS. 29. On information and belief, the asset sale benefited all members of PA-GMS. 30. The asset sale did not benefit any person similarly situated to Plaintiff differently than it affected Plaintiff. 31. Douglas Brewer and Plaintiff were not similarly situated members of PA-GMS. 32. In or about November 2001, when Defendant purchased the assets of PA-GMS, Brewer was currently employed by PA-GMS. 33. At or about the time Defendant acquired PA-GMS' assets, Defendant justifiably entered into an employment agreement with Brewer to obtain Brewer's services incident to Defendant's operations. 34. Brewer received payments of value pursuant to said employment agreement with Defendant. 35. At or about the time Defendant acquired PA-GMS' assets, Defendant had no justification to enter into an employment agreement or any other arrangement to obtain Plaintiff's services. 36. Defendant owed no duty to Plaintiff. 37. To the extent Defendant owed a duty to Plaintiff, which Defendant denies, said duty was not breached. 38. To the extent this Complaint states a triable claim, which Defendant disputes, the amount in dispute is less than the jurisdictional amount in Cumberland County for jury trials and should be heard before a panel of arbitrators. WHEREFORE, Defendant Generations Management Services, LLC, respectfully requests this Honorable Court to dismiss the Complaint and enter judgment in favor of Defendant and against Plaintiff and award such other relief as may be just. Dated: Respectfully submitted, Frank P. Clark CLARK LAW OFFICE Attorney I.D. No. 35443 P.O. Box 1254 Camp Hill, PA 17001-1254 (7117) 731-8600 VERIFICATION I, Frank P. Clark, make this verification because the verification cannot be made by the Defendant, Generations Management Services, LLC, in time for the filing of the pleading. I make this verification based on information and belief from information that has been furnished to me by the Defendant. When the Defendant signs his verification,) will substitute the verification of the Defendant for my own. I understand that this Verification is made subject to the penalties relating to unsworn falsification to authorities. Frank P. Clark, Esquire Dates: 01/17/2006 CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, hereby certify that on January 17, 2006,1 served a true and correct copy of the DEFENDANT'S ANSWER WITH NEW MATTER in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as follows: EDWARD M. BRENNAN, ESQUIRE 101 South Centre Street, Suite 102 P.O. Box 930 Pottsville, PA 17901 CLARK LAW OFFICE + -' J_? CN' Frank P. Clark P.O. Box 1254 Camp Hill, PA 17001-1254 (717)731-8600 Attorney I.D. No. 35443 Attorney for Defendant Dated: January 17, 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL R. McALOOSE, V. No. 04-6380 Civil Term GENERATIONS MANAGEMENT SERVICES, LLC, JURY TRIAL DEMJANDED Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in the above-captioned matter on behalf of the Defendant, Generations Management Services, LLC. Respectfully submitted, Plaintiff CIVIL ACTION CLARK LAW OFFICE 7 ? Frank P. Clark P.O. Box 1254 Camp Hill, PA 17001-1254 (717) 731-8600 Attorney I.D. No. 35443 Attorney for Defendant Dated: January 17, 2006 CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, hereby certify that on January 17, 2006, I served a true and correct copy of the PRAECIPE TO ENTER APPEARANCE in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as follows: EDWARD M. BRENNAN, ESQUIRE 101 South Centre Street, Suite 102 P.O. Box 930 Pottsville, PA 17901 CLARK LAW OFFICE Frank P. Clark P.O. Box 1254 Camp Hill, PA 17001-1254 (717) 731-8600 Attorney I.D. No. 35443 Attorney for Defendant Dated: January 17, 2006 EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff : No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW COMES Plaintiff, Carl R. McAloose, by and through his attorney, Edward M. Brennan, Esquire, and responds to Defendant's New Matter, as follows: 17. Plaintiff reiterates his earlier averments in the Complaint paragraphs 1 through 16 despite any denials contained in Defendant's answers in paragraphs 1 through 16. 18-19. The allegations contained in Paragraphs 18-19 of Defendant's New Matter set forth conclusions of law to which no responsive pleading is required. To the extent any response is required, the allegations contained therein are specifically denied. 20. Admitted. 21. It is specifically denied that Exhibit "B" did not reflect any agreement between Plaintiff and Defendant. By way of further answer, the allegations contained in Plaintiff's Complaint are incorporated herein. 22. It is specifically denied that Exhibit "B" did not reflect any agreement between Plaintiff and Defendant concerning the issuance of ownership units. By way of further answer, the allegations contained in Plaintiff's Complaint are incorporated herein. 23. Denied as stated. It is specifically denied that Exhibit "B" was "merely a proposal". By way of further answer, the allegations contained in Paragraph 23 of Defendant's New Matter set forth conclusions of law to which no responsive pleading is required. To the extent any response is required, the allegations contained therein are specifically denied. 24. Denied as stated. By way of further answer, the allegations contained in Paragraph 24 of Defendant's New Matter set forth conclusions of law to which no responsive pleading is required. To the extent any response is required, the allegations contained therein are specifically denied. 25. Denied. By way of further answer, the allegations contained in Paragraph 25 of Defendant's New Matter set forth conclusions of law to which no responsive pleading is required. To the extent any response is required, the allegations contained therein are specifically denied. 26. Admitted. By way of further answer, Plaintiff believes and therefore avers that Defendant DEL-GMS engaged in a de facto merger with PA-GMS. By way of further answer, DEL-GMS continued the business of PA-GMS while slightly changing the name of the company. 27. Denied as stated. Plaintiff continued to hold ownership units in PA-GMS at the time of the acquisition. 28. Denied. By way of further answer, Plaintiff was asked to approve the sale noted herein but refused to do so. 2 29. Denied as stated. The sale or merger and acquisition as noted herein did not benefit Plaintiff. 30. Denied as stated. Plaintiff s response to paragraph 29 is incorporated by reference as though fully set forth herein. 31. Denied. By way of further answer, the allegations contained in paragraph 31 are conclusions of law to which no responsive pleading is required. To the extent any response is required, the allegations contained therein are specifically denied. 32. It is specifically denied that the transaction of November 2001 was simply an asset purchase. Plaintiff s allegations contained in paragraph 26 above are incorporated by reference as though fully set forth herein. By way of further answer, Plaintiff admits that Brewer was an employee of PA-GMS at the time of the November 2001 transaction. 33. Denied as stated. Plaintiff believes that the employment agreement with Brewer was part of the overall scheme to deny Plaintiff his minority interest and share in PA-GMS. 34. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment and therefore the same is denied and strict proof is demanded at the time of hearing or trial. 35. Denied as stated. By way of further answer, Defendant, as successor to PA-GMS, owed the same fiduciary duty to Plaintiff as did PA-GMS. 36. Denied. By way of further answer, the allegations contained in paragraph 36 are conclusions of law to which no responsive pleading is required. To the extent any response is required, the allegations contained therein are specifically denied. 3 37. The allegations contained in paragraph 37 are conclusions of law to which no responsive pleading is required. To the extent any response is required, the allegations contained therein are specifically denied. 38. Denied. The allegations contained in paragraph 3 8 are conclusions of law to which no responsive pleading is required. To the extent any response is required, the allegations contained therein are specifically denied. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant. Date: l o? LO f0 Respectfully submitted, Edward A Brenna n, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff 4 EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant No. 04-6380 Civil Term : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE -hl AND NOW, this - `- -L_- day of QCtt W L , 2006, I, Edward M. Brennan, Esquire, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Reply to Defendant's New Matter, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Frank P. Clark, Esquire 3045 Market Street, 2nd Floor P.O. Box 1254 Camp Hill, PA 17001 Edwar 4 a & d M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff - ....{ n i FT; r I 77 EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant To the Court: : No. 04-6380 JURY TRIAL DEMANDED STATEMENT OF INTENTION TO PROCEED Plaintiff intends to proceed with the above-captioned matter. Date: 941 o'? f Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, No. 04-6380 Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, LLC, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE AND NOW, this 0 day of , 2009, I, Edward M. Brennan, 'rck Esquire, do hereby certify that I served a true and correct copy of the foregoing Statement of Intention to Proceed, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Frank P. Clark, Esquire 3045 Market Street, 2°d Floor P.O. Box 1254 Camp Hill, PA 17001 I 4? 4vz Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff OF lVE P"" I , (. ; 2099 SEP -3 PH d : 02 G ?? a NTT PEN ?Nlsy'L,l V"'. EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 O 10° OTAR 2"11P, A1?1 Pill 2:32' CUMBERLAND COUNT' PENINSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant No. 04-6380 Civil Term JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant No. 2002-614 JURY TRIAL DEMANDED MOTION TO CONSOLIDATE AND NOW comes Plaintiff, Carl R. McAloose, by his undersigned attorney, Edward M. Brennan, Esquire, and files this Motion to Consolidate this action for purposes of discovery and trial in the above-captioned matters and submits the following in support thereof: 1. Plaintiff, Carl R. McAloose, commenced a minority shareholder action by Writ of Summons filed June 21, 2001, in the Schuylkill County Court of Common Pleas, docketed as No. S-1275-01. 2. On November 5, 2001, Plaintiff filed a Complaint for damages in excess of Twenty-Five Thousand ($25,000.00) Dollars against Defendant Generations Management Services, Inc., alleging that Plaintiff held 75,000 shares in the corporation, the corporation was refusing to honor those shares and was about to be sold without protecting, and in fact suppressing, Plaintiff s minority shareholder rights. 3. On December 21, 2001 Plaintiff filed an Amended Complaint in response to Defendant's Preliminary Objections. 4. On January 15, 2002, the Schuylkill County Court of Common Pleas, pursuant to the stipulation of the parties, transferred the case pursuant to Pa.R.C.P. 1006(e) to the Court of Common Pleas of Cumberland County, where it was docketed at No. 2002-614. On or about March 3, 2005, Defendant filed its Answer to Plaintiff s Amended Complaint and New Matter. 6. On October 26, 2006, Plaintiff filed its Reply to Defendant's New Matter, thus closing the pleadings. 7. On December 24, 2004, Plaintiff filed a Writ of Summons based on the same transaction and occurrence in the Court of Common Pleas of Cumberland County against Defendant, Generations Management Services, LLC, the successor company to Generations Management Services, Inc. Plaintiff s Complaint was docketed at No. 04-6380, Civil Term. 8. On November 14, 2005, Plaintiff filed his Complaint. 9. On December 14, 2005, Plaintiff filed a Notice of Default for failure to answer the Complaint. 10. On January 17, 2006, counsel for Defendant entered his appearance. 11. On or about January 17, 2006, Defendant filed its Answer and New Matter to Plaintiff s Complaint. 2 12. On October 26, 2006, Plaintiff filed his Reply to Defendant's New Matter, thus closing the pleadings in the action at Docket No. 04-6380 Civil Term. 13. The instant action and the action filed at 2002-614 arose from the same transaction or occurrence, and involve common questions of law and fact. 14. The parties have been attempting to engage in discovery but have been unable to schedule certain discovery. 15. Plaintiff's counsel wishes to file Motions to Compel Discovery on both actions and believes the judicial economy would dictate consolidation of same. No party would be prejudiced by consolidation of these actions. 16. Consolidation of the two actions would serve the interest of judicial economy, promote convenience, reduce the expense of litigation and avoid the possibility of inconsistent verdicts. 17. Plaintiff's counsel is filing contemporaneously with this motion a motion under docket number 2002-614 asking for consolidation of both cases. 18. Pursuant to Local Rule of Civil Procedure 208.3(a), Plaintiff states that no judge has ruled upon any other issue in the same or related matter. 19. Plaintiff's counsel has attempted several times to seek the concurrence of opposing counsel of record who has simply not responded to these requests pursuant to Local Rule 208.3(a)(9). 3 WHEREFORE, Plaintiff, Carl R. McAloose, respectfully requests that this Honorable Court enter an Order consolidating this action with the action filed at No. 2002-614 for purposes of discovery and trial. Respectfully submitted, Date. lIg /it By 1M Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff 4 EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant CARL R. McALOOSE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, INC., Defendant No. 04-6380 Civil Term JURY TRIAL DEMANDED No. 2002-614 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 0 f V\ day of Im VYJN , 2011, I, Edward M. Brennan, Esquire, do hereby certify that I served a true and correct copy of the foregoing Motion to Consolidate, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant CARL R. McALOOSE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, INC., Defendant . ,r No. 04-6380 Civil Term` C") C o JURY TRIAL DEMANDED z? ?r- CAr- v No. 2002-614 x = z` n ? ?. r , Cl) y ) - ? . : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of 'rr-y Aj,-/ , 2011, upon motion of Edward M. Brennan, Esquire, a Rule to Show Cause is issued against Defendant to show cause as to why the relief requested in the nature of consolidation should not be granted. RULE RETURNABLE 5?7'14 / 5 , 2011. A hearing will be held on Q , 2011, at 63i6? o'clock _A__ _.m. in Courtroom No. , of the Cumberland County Courthouse. BY THE COURT: Ak ??4- '? na r?k P• C.1' lou•k, Eat n .led J. F,duxurd M .Brennan, Em. Q 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL R. McALOOSE, Plaintiff V. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant CIVIL ACTION e ? t i Q3 No. 2004-6380 Civil Term -ur- ?r M ? - JURY TRIAL DEMANDE c- a C w v? DEFENDANT'S ANSWER TO MOTION TO CONSOLIDATE Now comes Defendant, Generations Management Services, LLC, a Delaware limited liability company, by its attorneys Clark & Krevsky, LLC, who files this Answer to Plaintiffs Motion to Consolidate Action and who submits the following in response thereto: Denied. To the contrary, Plaintiff commenced said described action, misidentifying Generations Management Services, LLC ("GMS - PA"), a Pennsylvania limited liability company, as Generations Management Services, Inc. 2. 3 4 5 Admitted that Plaintiff filed a Complaint as described against GMS-PA, as misidentified; otherwise Denied. Admitted that Plaintiff filed an Amended Complaint as described against GMS-PA, as misidentified; otherwise Denied. Admitted that the described action occurred to a Complaint against GMS-PA, as misidentified; otherwise Denied. Admitted that GMS-PA filed its Answer as described; otherwise Denied. 6. Admitted that Plaintiff filed a reply as to New Matter filed by GMS-PA, as misidentified; otherwise Denied. 7. Admitted that Plaintiff filed the described Writ of Summons against Generations Management Services, LLC, a Delaware limited liability company ("GMS-DE"). 8. Admitted that Plaintiff filed the described Complaint against GMS-D.E; otherwise Denied. 9. Admitted that Plaintiff filed the described Notice of Default against GMS-DE; otherwise Denied. 1.0. Admitted that counsel for GMS-DE entered his appearance; otherwise Denied. 1 l . Admitted that GMS-DE filed the described Answer with New Matter; otherwise Denied. 12. Admitted that Plaintiff filed the described Reply to New Matter of GMS-DE; otherwise Denied. 13. The averment is a conclusion of law to which no response is required and is therefore Denied. 14. Admitted. 15. The averment is a conclusion of law to which no response is required and is therefore Denied. To the extent an answer is required, the averment is Denied, as the requested consolidation would join legally-distinct but similarly-named parties, GMS-PA and GMS-DE, in a single proceeding, leading to potential confusion by the finder of fact. 16. The averment is a conclusion of law to which no response is required and is therefore Denied. To the extent an answer is required, the averment is Denied, as the requested consolidation would join legally-distinct but similarly-named parties, GMS-PA and GMS-DE, in a single proceeding, leading to potential confusion by the finder of fact. 17. Admitted. 18. Admitted. 19. Defendant counsel does not concur. WHEREFORE, Defendant, Generations Management Services, LLC, a Delaware limited liability company, respectfully requests that the Court deny the Motion to Consolidate. Respectfully Submitted, Dated: April 15, 2011 By: CLARK & KREVSKY, LLC 0 Frank P. Clark Attorney I.D. No. 35443 20 Erford Road, Ste. 300A P.O. Box 1254 Camp Hill, PA 17001-1254 (717) 731-8600 (717) 731-4764 (fax) fpc@clark-krevskylaw.com Attorney for Plaintiff CERTIFICATE OF SERVICE I, FRANK P. CLARK, hereby certify that today, April 15, 2011, I served a true and correct copy of the DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO CONSOLIDATE in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as follows: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Frank P. Clark, Esquire C IN THE COURT OF COMMON PLEAS n _ant o N -n '."i ..? CUMBERLAND COUNTY, PENNSYLVANIA ?P- 0 CARL R. McALOOSE, U t ___4 CD Plaintiff CIVIL ACTION m ca-?s V. No. 2004-6380 Civil Term , GENERATIONS MANAGEMENT SERVICES, LLC, JURY TRIAL DEMANDED Defendant OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Generations Management Services, Inc., Defendant in the mater docketed at 02-614 and/or Generations Management Services, LLC, Defendant in the matter docketed at 04-6380, object to the proposed subpoena that is attached to these objections for the following reasons: 1. The proposed subpoena is attached to these Objections as Exhibit A. 2. The proposed subpoena calls for the production of material privileged by the Attorney-Client Privilege. 3. The proposed subpoena calls for the production of material protected by the Attorney Work Product Doctrine. WHEREFORE, Defendants respectfully request that these Objections be sustained and no subpoena issue for the matters sought therein. Dated: January 18, 2012 Respectfully Submitted, CLARK & KREVSKY, LLC Frank P. Clark Attorney for Defendant Attorney I.D. No. 35443 20 Erford Road, Ste. 300A P.O. Box 1254 Camp Hill, PA 17001-1254 (717) 731-8600 (717) 731-4764 (fax) fpc?clark-krevsky law. com J " I Law Offices EDWARD M. BRENNAN Attorney-at-Law 306 Makantongo Street Pottsville, PA 17901 Telephone: (570) 628-2461 Fax: (570) 628-4498 December 30, 2011 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Enclosed please find a Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 and a copy of the subpoena that I intend to serve for records pertaining to Defendants. I intend to serve the subpoena after 20 days unless a formal objection is lodged thereto. Also enclosed is a Waiver of Twenty-Day Waiting Period. If you agree to waive the twenty-day waiting period, please sign the Waiver and return it to me in the enclosed, self- addressed, stamped envelope. If you have any questions, please telephone me at your convenience. Sincerely, -C?f EDWARD M. BRENNAN EMB/bap Enclosures cc: Mr. Carl R. McAloose {G ATEMPDOC ,CL[ENTS\m 10891BAP6607. DOC } 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant No. 04-6380 Civil Term JURY TRIAL DEMANDED WAIVER OF TWENTY-DAY WAITING PERIOD I hereby acknowledge that I have received Plaintiff's Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above-captioned matter. I also hereby certify that I waive the twenty-day waiting period required by the above-referenced Rule and that I permit counsel wishing to serve record subpoena to serve such subpoena immediately. Date: Frank P. Clark, Esquire Attorney for Defendants EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant No. 04-6380 Civil Term JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to this subpoena. If no objection is made, the subpoena may be served. Date: Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CARL R. K-AL00SE9 Plaintiff VS. GENERATIONS MANAGEMENT' SERVICES, LLC, Defendant File No. 04-6380 civil-,cam SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 K & L Gates, UP, f/k/a Kirkpatrick & Lockhart TO: 17 North Second. Street, 18th Floor., Harrisburg, PA 17101 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached sheet. at the law office of Edward M. Brennan_ FR =jiire, 106 Mahantongo StreetrPottsvile, PA (Address) 17901 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compeUing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Edward M. Brennan, Esquire ADDRESS: V)fi Mahantnnaan Straot Pnttssi.lle PA 17901 TELEPHONE: 570 628-2461 COURT ID # 38770 ATTORNEY FOR plaixtif f BY THE COURT: Prothonotary, Civil Division Date: eal of the Court Deputy Any and all correspondence including emails, files, draft agreements and memos received by or generated by Steven Jay Adelkoff or anyone else within the law firm concerning Generations Management Services, Inc. and Generations Managements Services, LLC and, specifically, Carl R. McAloose, from January 1999 to the present.; all closing documents exchanged between Generations Management Services, Inc. and Generations Management Services, LLC, at settlement; all invoices submitted by the law firm of Kirkpatrick & Lockhart or Steven Adelkoff for services performed in the formation of Generation Management Services, Inc.; all incorporation documents, stock certificates, stock ledgers, Board minutes and other records involving the creation and management of Generations Management Services, Inc. •` r EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : No. 04-63 80 Civil Term JURY TRIAL DEMANDED DEPOSITION NOTICE FOR THE PURPOSE OF COPYING RECORDS ONLY TO: K & L Gates, LLP, f/k/a Kirkpatrick & Lockhart 17 North Second Street, 18"' Floor Harrisburg, PA 17101 Please take note that Plaintiff, Carl R. McAloose, by-and through his counsel, Edward M. Brennan, Esquire, will take the deposition of K & L Gates, LLP, within twenty (20) days after receipt of this Notice and Subpoena. There will be no interrogation of the witness as this is a deposition for the purpose of copying records only. No attorneys are expected to be present. Deponent is directed to bring to this deposition any and all correspondence including emails, files, draft agreements and memos received by or generated by Steven Jay Adelkoff or anyone else within the law firm concerning Generations Management Services, Inc. and Generations Managements Services, LLC and, specifically, Carl R. McAloose, from January 1999 to the present.; all closing documents exchanged between Generations Management Services, Inc. and Generations Management Services, LLC, at settlement; all invoices submitted by the law firm of Kirkpatrick & Lockhart or Steven Adelkoff for services performed in the formation of Generation Management Services, Inc.; all incorporation documents, stock certificates, stock ledgers, Board minutes and other records involving the creation and management of Generations Management Services, Inc. y 1? ? DEPONENT IS ADVISED THAT IT IS SUFFICIENT TO PROVIDE THE MATERIAL REQUESTED BY MAIL OR HAND DELIVERY IN LIEU OF APPEARING IN PERSON AT THIS DEPOSITION, PROVIDED THAT THE DEPONENT CERTIFY THAT THE RECORDS THAT HE/SHE SENDS ARE TRUE, ACCURATE AND COMPLETE COPIES OF ALL RECORDS REQUESTED BY EXECUTING THE ATTACHED CERTIFICATE OF COMPLIANCE AND FORWARDING SAME WITH THESE DOCUMENTS. Date: i Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff 0 CERTIFICATE OF SERVICE I, FRANK P. CLARK, hereby certify that today, January 18, 2012, I served a true and correct copy of the OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as follows: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Dated: January 18, 2012 K&L Crates 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 Frank P. Clark Attorney for Defendant Attorney I.D. No. 35443 20 Erford Road, Ste. 300A P.O. Box 1254 Camp Hill, PA 17001-1254 (717) 731-8600 (717) 731-4764 (fax) fpcOclark-krevskylaw. com EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 Pt''"S YLVAN1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED C'ARI, R. McALOOSE, Plaintiff No. 04-6380 Civil Term Vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED MOTION TO COMPEL ANSWERS TO PLAINTIFF'S DISCOVERY AND TO COMPEL ATTENDANCE AT DEPOSITION Plaintiff; Carl R. McAloose, by and through his attorney, Edward M. Brennan, Esquire, hereby moves this Court to enter an Order compelling Defendants, Generations Management Services. Inc. and Generations Management Services, LLC, to respond to Plaintiff's discovery pursuant to Pa.R.C.P. 4019 and attend a deposition, and in support thereof respectfully submits that: 1. This case involves an employment contract with Defendants and dispute as to j 4: 13 TY ownership of shares of stock in same. 2. Suit docketed to No. 2002-614 was initiated on June 21, 2001, and suited docketed to No. 04-6380 was initiated on December 20, 2004. 3. On March 31, 2010, Plaintiff, by regular mail, sent to counsel for Defendants original set of Amended Request for Production of Documents and Records directed to Defendants to be answered within thirty (30) days from the date of service. A copy of said 1 is attached hereto as Exhibit "A". 4. Defendants have failed and refused to answer the Amended Request for Production of Documents and Records and no objections have been made, despite the lapse of more than thirty (30) days. 5. On January 3, 2012, Plaintiff, by regular mail, sent to counsel for Defendants an original set of Interrogatories and Request for Admissions directed to Defendants to be ans within thirty (30) days from the date of service. A copy of said letter is attached hereto as Exhibit "B". 6. Defendants have failed and refused to answer the Interrogatories and Request to Admissions and no objections have been made, despite the lapse of more than thirty (30) days. 7. On January 4, 2012, Plaintiff issued a Notice of Deposition of Corporate Defendant-Designee pursuant to Pa.R.C.P. 4007.1. Copies of said Notice and letter enclosing same are attached hereto as Exhibit "C". 8. Defendants simply refused to appear at the depositions scheduled by Plaintiff. 9. The information sought in this discovery request is essential to Plaintiff in order to properly prepare for trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order directing Defendants to answer the Amended Request for Production of Documents and Rec and also to answer the Interrogatories and Request for Admissions within twenty (20) days or suffer sanctions pursuant to the Pennsylvania Rules of Civil Procedure. Plaintiff respectfully requests this Honorable Court to further enter an Order directing Defendants to designate a representative to appear at a deposition to be scheduled at the convenience of Plaintiff's coun Respectfully submitted by: Date: ?k5 ) /'` Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EXHIBIT "A" Law Offices EDWARD M. BR.ENNAN Attomey-at-Law 306 Mahantongo Street Pottsville, PA 17901 Telephone: (570) 628-2461 Fax: (570) 628-4498 March 31, 2010 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Please allow me to follow up on our ongoing discussions in the above matter. Brenda in my office did talk to Jennifer in your office several times about scheduling the depositions of Allen Litt, Leonard Cole, a corporation defendant-designee and Douglas Berry. It is my understanding that you are in the process of obtaining dates from Mr. Litt and Mr. Cole. Please note that I have the following dates available: May 6, June 16 and June 29. Please have Jennifer contact my secretary at her earliest convenience so that we may get a date certain for these depositions. If your clients are not available on any of the above dates I suggested, I will check my calendar for any others dates you may suggest. I intend to subpoena the records of K & L Gates, formally known as Kirkpatrick & Lockhart, concerning the issuance of the shares of stock to Carl McAloose and other documents concerning Generations Management I and II. It certainly would be simpler if your client would agree to the production of these records for my inspection as I had requested earlier. I enclose an Amended Request for Production of Documents. If your client requires a confidentiality agreement in order to produce these documents, I will certainly talk to Mr. McAloose about signing salve. I generally have no problem with confidentiality agreements in this type of litigation. Finally, I do intend to depose Steven Adelkoff as well. I believe he was counsel for the corporation and also acted in conjunction with Doug Berry concerning the issuance of shares to Carl. (G:\TEMPD000LIENTS\m 1089\13AP6607.130C) Edward M. Brennan Attorney-At-Law March 31, 2010 Page 2 Please contact me as soon as possible, if you intend to object to his deposition. It is important that you call me as soon as possible so that we can discuss the logistics this case as outlined above. Sincerely, EDWARD M. BRENNAN EMB/bap Enclosure cc: Mr. Carl R. McAloose EXHIBIT "B" Law Offices 13DWARD M. BRENNAN Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 Vephunu: (570) 628-2461 Pax: (570) 628-4498 January 3, 2012 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Enclosed please find Plaintiffs Interrogatories and Request for Admissions for answer your clients in the above-captioned cases. Sincerely, EDWARD M. BRENNAN EMB/bap Enclosures cc: Mr. Carl R. McAloose ;G:111_EMPD0C\CLIFNTS\m 1089\BAP6607.DOC) EXHIBIT "C" Law Offices EDWARD M. BRENNAN Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 Tdcphom: (570) 625-2461 Fax: (570) 628-4498 January 4, 2012 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill. PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Enclosed please find Notices of Deposition of Corporate Defendant-Designee in the above-captioned cases. I scheduled these depositions for February 3, 2012, beginning at 10:00 a.m. at Premier Reporting, LLC, 8 South Hanover Street, Suite 201, Carlisle, Pennsylvania. By copy of this letter to Premier Reporting, LLC, this will confirm that I have obtained a court stenographer for these depositions. If you would like to discuss this matter in the meantime, please telephone me at your convenience. Sincerely, 474WO014 EDWARD M. BRENNAN EMB/bap Enclosures cc: Premier Reporting, LLC Attn: Linda Mr. Carl R. McAloose GATEMPDOOCLIENTS?n 1089\BAP6607.DOC) EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff : No. 04-6380 Civil Term VS. GENERATIONS MANAGEMENT SERVICES. LLC. Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION OF CORPORATE DEFENDANT-DESIGNEE UNDER PA.R.C.P. NO. 4007.1 Please take notice that on February 3, 2012, at 10:00 a.m., Plaintiff will take the oral deposition of Defendant, Generations Management Services, LLC, pursuant to Pa.R.C.P. No. 1007. L at at Premier Reporting, LLC.. 8 South Hanover Street, Suite 201, Carlisle, Pennsylvania. before a person authorized by law to administer oaths. Plaintiff will conduct inquiry into the following matters: The claims made by above-named Plaintiff, Carl R. McAloose, concerning shares of employee stock as alleged in the pleadings. We will also discuss contracts to provide management services which were purchased by Generations Management Services, LLC ("GMS II") from Generations Management Services, Inc. ("GMS I") and closing documents exchanged between GMS I and GMS II at settlement where GMS 11 allegedly purchased all the assets of GMS I. We will be discussing the following individuals and their role in the purchase of assets of GMS I by GMS II: Allen Litt, Douglas Brewer, Douglas R. Berry, Leonard Cole, Jim Diebold and Steven Adelkoff, as well as any role they may have had concerning the shares of stock issued to Carl R. McAloose. Defendant is required under Pa.R.C.P. No. 4007.1(e) to designate one or more officers, directors or managing agents or other persons who will testify on its behalf at the deposition and i requested to set forth with particularity the matters upon which each will testify. Please take further notice that Defendant is requested, pursuant to Pa R.C.P. Nos. 4009 4007.1(d), to produce at the deposition, and permit Plaintiff to inspect and copy all documents the followin`g tangible things in the possession, custody or control of Defendant, which relate to above listed matters of inquiry: Any and all records, documents and reports concerning issuance of shares of stock to Carl R. McAloose as alleged in the Complaints noted above; any closing documents and related correspondence concerning the purchase of assets from GMS I by GMS II; copies of actual contracts to provide management services which were in effect at the time GMS II bought the assets of GMS I. The following definitions shall apply to this Notice of Deposition: 1. "GMS I" means Defendant Generations Management Services, Inc., a Pennsylvania limited liability company. 2. "GMS II" means Defendant Generations Management Services, LLC, a limited liability company with its principal place of business at 405 Cedar Lane, Teaneck, New Jersey 07666. 3. "Documents" refer to all written, printed, recorded or graphic materials and ma of any kind and description, in both draft and final forms (including all attaclunents or addenda annexed thereto), whether inscribed by hand or by mechanical, electronic, microfilm, video and audio tape, photographic, computerized or other means, as well as phonic or visual recordings a reproductions. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Date: Edward M. Brenmin, Esquire Atty. I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff : No. 2002-614 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION OF CORPORATE DEFENDANT-DESIGNEE UNDER PA.R.C.P. NO. 4007.1 Please take notice that on February 3, 2012, at 10:00 a.m., Plaintiff will take the oral deposition of'Defendant, Generations Management Services, Inc., pursuant to Pa.R.C.P. No. 4007. 1, at Premier Reporting, LLC, 8 South Hanover Street, Suite 201, Carlisle, Pennsylvania, before a person authorized by law to administer oaths. Plaintiff will conduct inquiry into the following matters: the claims made by above-named Plaintiff, Carl R. McAloose, concerning shares of employee stock as alleged in the pleadings. We will also discuss contracts to provide management services which were purchased by Generations Management Services, LLC ("GMS II") from Generations Management Services, Inc, ("GMS I") and closing documents exchanged between GMS I and GMS II at settlement where GMS 11 allegedly purchased all the assets of GMS I. We will be discussing the following individuals and their role in the purchase of assets of GMS I by GMS II: Allen Litt, Douglas Brewer, Douglas R. Berry, Leonard Cole, Jim Diebold and Steven Adelkoff, as well as any role they may have had concerning the shares of stock issued to Carl R. McAloose. Defendant is required under Pa.R.C.P. No. 4007.1(e) to designate one or more officers, directors or managing agents or other persons who will testify on its behalf at the deposition and i requested to set forth with particularity the matters upon which each will testify. Please take further notice that Defendant is requested, pursuant to Pa R.C.P. Nos. 4009 arc 4007.1(d), to produce at the deposition, and permit Plaintiff to inspect and copy all documents and the following tangible things in the possession, custody or control of Defendant, which relate to thf above listed matters of inquiry: Any and all records, documents and reports concerning issuance of shares of stock to Carl R. McAloose as alleged in the Complaints noted above; any closing documents and related correspondence concerning the purchase of assets from GMS I by GMS 11; copies of actual contracts to provide management services which were in effect at the time GMS II bought the assets of GMS 1. The followin41- I definitions shall apply to this Notice of Deposition: "GMS I" means Defendant Generations Management Services, Inc., a Pennsylvania limited liability company. 2. "GMS II" means Defendant Generations Management Services, LLC, a limited liability company with its principal place of business at 405 Cedar Lane, Teaneck, New .Jersey 07666. "Documents" refer to all written, printed, recorded or graphic materials and of any kind and description, in both draft and final forms (including all attachments or addenda annexed thereto), whether inscribed by hand or by mechanical, electronic, microfilm, video and audio tape, photographic, computerized or other means, as well as phonic or visual recordings reproductions. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Date: r'- I i i Edward M. Brennan, Esquire Atty. I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED CERTIFICATION OF ADDRESSES Pursuant to Cumberland County R.C.P. 208.3(a), I hereby certify that the following are the parties to be served with copies of the accompanying proposed Order to Compel Answers Plaintiff's Discovery and to Compel Attendance at Deposition and that these are their to the best of my knowledge, information and belief: Attorney for Plaintiff: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Attorney for Defendant: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 It is hereby further certified that the undersigned has provided to the Prothonotary co of the foregoing, and pre-stamped, addressed envelopes for each of the above-captioned parties for service by the Prothonotary pursuant to Cumberland County R.C.P. 208.3(a). Date: -11 S. I ? Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of , 2012, I, Edward M. Esquire, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Compel Answers to Plaintiff s Discovery and to Compel Attendance at Deposition, by depositi the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsyl addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 j ELED/?-OFFICE ;V 3w Tip T t! Ca F 11ONO ARY EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 9 A 11: 1 o 306 Mahantongo Street ?'£,r Lt"?,D COUNTY Pottsville, PA 17901 '' i' SYLYAN1A (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL. R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES. INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term Vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED MOTION FOR ORDER PURSUANT TO PA R C P 4009.21(d)(1) AND NOW comes Plaintiff, Carl R. McAloose, by and through his attorney, Edward M Brennan, Esquire, pursuant to Pa.R.C.P. 4009.21(d)(1), asks this Honorable Court to issue an order concerning a subpoena and the Notice of Intent to Serve a Subpoena to Produce Documents from K & L Gates, LLP, f/k/a Kirkpatrick & Lockhart, and alleges as follows: This case involves a dispute as to the ownership of shares of stock in Generati Management Services, Inc. and the successor to liability of Generations Management Services, LL-C. 2. Suit docketed to No. 2002-614 was initiated on June 21, 2001, and suited docketed to No. 04-6380 was initiated on December 20, 2004. On December 30, 2011, Plaintiff, by regular mail, sent to counsel for a Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21. Attached hereto as Exhibit "A" is a true and correct copy of the 1 Notice of Intent Serve a Subpoena and Subpoena. 4. Plaintiff's Complaint alleges that Plaintiff was a co-founder of Defendant, Generations Management Services, LLC. Defendant responded in its answer by stating that it was uncertain as to what Plaintiff meant by co-founder and, therefore, could not admit or deny the averment. On January 3, 2012, Plaintiff requested that Defendant admit or derv that Plaintiff was listed as co-founder on the Defendant's website and that the Exhibit "A" attached to the Request for Admissions was a true and correct copy of said website. Defendant never filed an answer to same and, therefore, these allegations are admitted under Pa.R.C.P. 4014(b). 6. Plaintiff further submitted a Request for Production of Documents to Defendant requesting that Defendant produce copies of the actual contracts to provide management servic which were purchased by Generations Management Services, LLC from Generations Management Services, Inc.; the documents Defendant intended to support its assertion that Car R. McAloose was not vested with the units of shares of employee stock as alleged in its Answe and New Matter; and all closing documents between Generations Management Service, Inc. an Generations Management Services, LLC, at settlement. Defendant objected to this request indicating that the request was overly broad and unduly burdensome. Plaintiff submitted an Amended Request for Production of Documents dated March 31, 2010, which have not been produced and are the subject of a Motion to Compel. "I Amended Request for Production also included all invoices submitted by the law firm of Kirkpatrick & Lockhart or Steven Adelkoff for services performed in the formation of Generations Management Services, Inc., including but not limited to, incorporation document stock certificates, stock ledgers, Board minutes and other records showing the creation and management of Generations Management Services, Inc. from its initiation to the date of Plaintiff's Complaint docketed to Cumberland County Court of Common Pleas No. 2002-614 Civil perm. 9. Plaintiff believes and therefore avers that the legal opinion of K & L Gates, in general, and Steven Adelkoff, in particular, is directly relevant to the cause of action in as mt as it Neill indicate whether Mr. McAloose indeed had shares of stock in Generations Manager. Services, Inc. The legal opinion of counsel is relevant as to the creation of this business and eventual sale of the business and/or assets to Generations Management Services, LLC. 10. Counsel for K & L Gates was directly involved in the creation of the business the handling of the shares or units of ownership issued pursuant to a letter dated April 28, 2000, signed by the President and CEO of Defendant and addressed to Steven Adelkoff. Attached as Exhibit "B" is a true and correct copy of said letter which had previously been attached as Exhibit -13" to Plaintiff's Complaint. In paragraph 6 of Plaintiff's Complaint, it was alleged tha', Exhibit "B" was a true and correct copy of a letter dated April 28, 2000, signed by the then President and CEO of Generations Management Services, Inc. to its corporate counsel indicating that Plaintiff should receive 75,000 units of ownership immediately. Defendant's answer simply indicates that they are without knowledge to verify the authenticity of this document. 11. Plaintiff believed and therefore avers that at the time of the creation of Generations Management Services, Inc., the firm of K & L Gates, f/k/a Kirkpatrick & Lockhz and specifically Steven Adelkoff was representing him as well as the other co-founders of the business. The letter from Doug Brewer to Attorney Steven Adelkoff, noted as Exhibit "B" be in the Complaint and in this Motion, contains information given to Plaintiff or learned by him the course of the common representation with the co-founders. 'WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order dismissing the objections filed by Defendants in the above matters and allowing Plaintiff to i the subpoena attached as Exhibit "A". Respectfully submitted by: Date: 7 /?S- Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EXHIBIT "A" Law Offaces EDWARD M. BRENNAN Attorney-at-Law 306 Maliantongo Street Pottsville, PA 17901 Telephom: (570) 628-2461 Fax: (570) 628-4498 December 30, 2011 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Enclosed please find a Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 and a copy of the subpoena that I intend to serve for records pertaining to Defendants. I intend to serve the subpoena after 20 days unless a forma objection is lodged thereto. Also enclosed is a Waiver of Twenty-Day Waiting Period. If you agree to waive the twenty-day waiting period, please sign the Waiver and return it to me in the enclosed, self- addressed, stamped envelope. If you have any questions, please telephone me at your convenience. Sincerely, EDWARD M. BRENNAN EMB/bap Enclosures cc: Mr. Carl R. McAloose 1 G:ITENIPDOC\CLIENTS\m 1089iBAP6607.DOC) EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff : No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to this subpoena. If no objection is made, the subpoena may be served. Date: >a?? , Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED WAIVER OF TWENTY-DAY WAITING PERIOD I hereby acknowledge that I have received Plaintiffs Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above-captioned matter. I also hereby certify that I waive the twenty-day waiting period required by the above-referenced Rule and that I permit counsel wishing to serve record subpoena to serve such subpoena immediately. Date: Frank P. Clark, Esquire Attorney for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CARL R. McAL00SE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant s File No. 04-6380 civil Tm SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 K & L Gates, LLP, f/k/a Kirkpatrick & Lockhart TO: 17 North Second Street, 18th Floor, Harrisburg, PA 17101 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached sheet. at the law office of Edward M. RrPnnan, Rsg mire, 306 Mahantnnao-Street, Pot (Address) You may deliver or nail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Edward M. Brennan, Esquire ADDRESS: -3Oh Mahanf-n_____ngnStroct pnttsville PA 17Q41 TELEPHONE: 570 628-2461 SUPREME COURT ID# 38770 ATTORNEY FOR: P7Pl awnti t f BY THE COURT: Prothonotary, Civil Division Date: _Y 'Seal of the Court Deputy ile, PA 17901 Any and all correspondence including emails, files, draft agreements and memos received by or generated by Steven Jay Adelkoff or anyone else within the law firm concerning Generations Management Services, Inc. and Generations Managements Services, LLC and, specifically, Carl R. McAloose, from January 1999 to the present.; all closing documents exchanged between Generations Management Services, Inc. and Generations Management Services, LLC, at settlement; all invoices submitted by the law firm of Kirkpatrick & Lockhart or Steven Adelkoff for services performed in the formation of Generation Management Services, Inc.; all incorporation documents, stock certificates, stock ledgers, Board minutes and other records involving the creation and management of Generations Management Services, Inc. EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff : No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED DEPOSITION NOTICE FOR THE PURPOSE OF COPYING RECORDS ONLY TO: K & L Gates, LLP, Vk/a Kirkpatrick & Lockhart 17 North Second Street, 18`x' Floor Harrisburg, PA 17101 Please take note that Plaintiff, Carl R. McAloose, by and through his counsel, Edward M. Brennan, Esquire, will take the deposition of K & L Gates, LLP, within twenty (20) days after receipt of this Notice and Subpoena. There will be no interrogation of the witness as this is a deposition for the purpose of copying records only. No attorneys are expected to be present. Deponent is directed to bring to this deposition any and all correspondence including emails, files, draft agreements and memos received by or generated by Steven Jay Adelkoff or anyone else within the law firm concerning Generations Management Services, Inc, and Generations Managements Services, LLC and, specifically, Carl R. McAloose, from January 1999 to the present.; all closing documents exchanged between Generations Management Services, Inc. and Generations Management Services, LLC, at settlement; all invoices submitted by the law firm of Kirkpatrick & Lockhart o Steven Adelkoff for services performed in the formation of Generation Management Services, Inc.; all incorporation documents, stock certificates, stock ledgers, Board minutes and other records involving the creation and management of Generations Management Services, Inc. DEPONENT IS ADVISED THAT IT IS SUFFICIENT TO PROVIDE THE MATERIAL REQUESTED BY MAIL OR HAND DELIVERY IN LIEU OF APPEARING IN PERSON AT THIS DEPOSITION, PROVIDED THAT THE DEPONENT CERTIFY THAT THE RECORDS THAT HE/SHE SENDS ARE TRUE, ACCURATE AND COMPLETE COPIES OF ALL RECORDS REQUESTED BY EXECUTING THE ATTACHED CERTIFICATE OF COMPLIANCE AND FORWARDING SAME WITH THESE DOCUMENTS. Date: Edward M. Brennan, Esquire Attorney I.D. No. 35770 Attorney for Plaintiff EXHIBIT "B" April 28, 2000 Steve Adelkoff, Esquire Kirpatrick & Lockhart, LLP HWO Building 535 Smithfield Street Pittsburgh, PA 15222 Re: Anticipated Members of Generations Management Services, LLC ("Generations") Dear Steve: It was a pleasure speaking with you and Dave on Wednesday regarding the blue sky offering proposed by Generations. This letter is intended to outline the Senior Management ownership and distribution policy. In addition I have attached the most recent summary of Membership Units for your review. The units proposed below would be allocated from the 170,000 units listed on the attached form under "Employee Stock". The only modification to the summary that we currently anticipate is the potential KPMG equity participation, which, I would like to discuss further with you. Total Employee ownership units ..................... 170,000 units Carl McAloose, Senior VP Operations ............... ....75,000 Pat Cassel, Director of Clinical Services ................... .20,000 Wendy Clark, Office Manager .............. Gwen Kissinger, .................................5,000 Director of Human Resources ..................... 5,000 Director Of Marketing, TBD................................................ 20,000 Roger Breed-Not employed but helped establish company ..............10,000 Total Distributed ................. .....135,000 Balance undistributed........... ...............................................35,000 I would prefer that all employee units vest over an 18-month period, with the exception of Carl McAloose and Roger Breed; in their case all units would vest immediately. I look forward to discussing this with you at your convenience, please let me know if you need additional information. est regards, ,Ic Doug B Wer President & CEO cc* Jim Dieboid David Car; EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC.. Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES. LLC, Defendant JURY TRIAL DEMANDED CERTIFICATION OF ADDRESSES Pursuant to Cumberland County R.C.P. 208.3(a), I hereby certify that the following are the parties to be served with copies of the accompanying proposed Order and that these are the addresses to the best of my knowledge, information and belief: Attorney for Plaintiff: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Attorney for Defendant: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 It is hereby further certified that the undersigned has provided to the Prothonotary copids of the foregoing, and pre-stamped, addressed envelopes for each of the above-captioned parti for service by the Prothonotary pursuant to Cumberland County R.C.P. 208.3(a). Date: r7 4gl"ro 37 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of Q?=& - '2012, I, Edward M. Brenna Esquire, do hereby certify that I served a true and correct copy of the foregoing Motion for Order Pursuant to Pa.R.C.P. 4009.21 (d)(1), by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 7=": f 4 e? 1 .G 4f ?? .. t { . ? ??jl J5 COUMTY NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 Vs. GENI--PATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED PETITION FOR ISSUANCE OF A COMMISSION Plaintiff, Carl R. McAloose, by and through his attorney, Edward M. Brennan, Esquire, pursuant to 42 Pa.C.S. § 5325(b), respectfully petitions this Court for the issuance of a Commission to the Superior Court for the County of Bergan, State of New Jersey, to issue subpoenas for the depositions of Leonard Kohl, Alan Litt, Drew A. Barile and Jonathan Litt, individuals residing in New Jersey, as follows: I . Plaintiff currently has two (2) actions pending against Defendants, Generations Management Services, Inc. and Generations Management Services, LLC, in the Court of Common Pleas of Cumberland County, Pennsylvania at Nos. 2002-614 and 04-6380. 2. Leonard Kohl, Alan Litt, Drew A Barile and Jonathan Litt are the principals in Generations Management Services, LLC, and are believed to reside in or about Bergan Count) New Jersey. In order to obtain this testimony in a form admissible before the Court of Common Pleas, it is necessary for Plaintiff to take a deposition in which counsel for Defendant may participate and cross-examine the witness. As Leonard Kohl, Alan Litt, Drew A. Barile ar Jonathan Litt are not parties to the pending action between the Plaintiff and Defendants and currently reside outside of this jurisdiction, this can only be accomplished through the issuance of a commission to the appropriate authorities in the State of New Jersey. 4. Plaintiff has asked repeatedly for Defendants to appear at depositions voluntarily Defendants have also refused to designate a corporate representative to appear at depositions in the State of Pennsylvania. In order to secure the testimony of Leonard Kohl, Alan Litt, Drew A. Barile and Jonathan Litt, Plaintiff respectfully submits that this Court should issue a commission to the Superior Court for the County of Bergan, State of New Jersey, in the form attached hereto so t the court may issue a subpoena compelling Leonard Kohl's, Alan Litt's, Drew A. Barile's and Jonathan Litt's deposition testimony. 6. The depositions are tentatively set to take place on August 16, 2012. Accordingly, Plaintiff requests that the Court promptly act on this petition. WHEREFORE, Plaintiff respectfully requests that this Court authorize the issuance of a commission to the Superior Court for the County of Bergan, State of New Jersey, to issue subpoenas compelling the deposition testimony of" .Jonathan Litt. Date: 9 /1a _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant No. 2002-614 JURY TRIAL DEMANDED No. 04-6380 Civil Term JURY TRIAL DEMANDED COMMISSION TO ]'HE SUPERIOR COURT FOR THE COUNTY OF BERGAN, STATE OF NE,?k' JERS Greetings: Having confidence in your prudence and fidelity, we have appointed you, and by these presents do give unto you full power and authority, in pursuit of an order made by us, the Cot of Common Pleas of Cumberland County, Pennsylvania, in the above-captioned case therein pending, between Plaintiff and Defendants, to issue subpoenas for the appearance of Leonard Kohl, Alan Litt, Drew A. Barile and Jonathan Litt as witnesses in that case, to appear for a deposition upon oral examination before an officer authorized by Your Honorable Court to administer oaths and reduce their testimony to writing. And when you shall have so done, we respectfully request that you send the same before the Judges of our Court, together with this Commission, under your hands and seals and/or the hands and seals of such persons as may act under your authority. ]n testimony hereof, we have caused the sea] of our Court to be affixed. Witness The Honorable M. L.. Ebert, Jr., Judge of the Court of Common Pleas of Cumberland County, Pennsylvania, this day of , 2012. Prothonotary Seal of the Court EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville. PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED CERTIFICATION OF ADDRESSES Pursuant to Cumberland County R.C.P. 208.3(a), I hereby certify that the following are the parties to be served with copies of the accompanying proposed Order and that these are their addresses to the best of my knowledge, information and belief: Attorney for Plaintiff: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Attorney for Defendant Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 It is hereby further certified that the undersigned has provided to the Prothonotary c of the foregoing, and pre-stamped, addressed envelopes for each of the above-captioned partie for service by the Prothonotary pursuant to Cumberland County R.C.P. 208.3(a). Date: r Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney-at-Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff No. 2002-614 vs. GENERATIONS MANAGEMENT SERVICES. INC., Defendant JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff No. 04-6380 Civil Term vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of t _ _, 2012, I, Edward M. F Esquire, do hereby certify that I served a true and correct copy of the foregoing Petition for of a Commission, by depositing the same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff CARL R. McALOOSE, PLAINTIFF V. GENERATION MANAGEMENT SERVICES, INC., DEFENDANT IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY, PENNSYLVAN A NO. 02-614 CIVIL NO. 04-6380 CIVIL IN RE: MOTION FOR ORDER PURSUANT TO Pa.R.C.P. 4009(d) 1 ORDER OF COURT AND NOW, this 19th day of July, 2012, upon consideration of the Plaintiff's Motion for Order Pursuant to Pa.R.C.P. 4009(d) (1), IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested shou not be granted; 2. The Defendant will file an answer on or before July 31, 2012; 3. The Prothonotary is directed to forward said Answer to this Court. 4. Hearing/argument on the matter will be held on Wednesday, October 24, 2012, at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., ? Edward M. Brennan, Esquire Attorney for Plaintiff ? Frank P. Clark, Esquire Attorney for Defendant bas &p, e5 A4.a.jed `711gl/? IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY CIVIL AC CARL R. McALOOSE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff VS. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant No. 2002-614 JURY TRIAL DEMANDED No. 04-6380 Civil Term ? JURY TRIAL DEMANDED ORDER A6 day of - \I , 2012, upon AND NOW, to wit, this _J? Y consideration of Plaintiff's, Carl R. McAloose, Motion to Compel Answers to Discovery and to Compel Attendance at Deposition, it is hereby ORDERED and DECREED that Defendants, Generations Management Services, Inc. and Generations Manager Services, LLC, answer Plaintiff's Amended Request for Production of Documents and Records and Interrogatories and Request for Admissions within twenty (20) days form the date of this Order or suffer further sanctions pursuant to Pa.R.C.P. 4019. It is further ORDERED and DECREED that Defendants designate a representative to appear at a deposition to be scheduled at the convenience of Plaintiff's counsel. Defendant is to pay filing costs, if any, of this Motion. BY THE COURT: C-- .-r' C4 :. /;1. i3j'?N HQ h ?=' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant AND NOW, this ik - day of No. 2002-614 JURY TRIAL DEMANDED No. 04-6380 Civil Term JURY TRIAL DEMANDED ORDER -S 0k 2012, upon consideration of Plaintiff Carl R. McAloose's Petition for Issuance of a Commission to issue out- of-state subpoenas for appearance at a deposition, any response thereto, and oral argument, if any, it is hereby ORDERED and DECREED that Plaintiff's Motion is GRANTED. IT IS FURTHER ORDERED that the Prothonotary shall affix its official seal to the issued Commissions, in the form appended hereto, to Edward M. Brennan, Esquire, 306 Mahantongo Street, Pottsville, Pennsylvania 17901, to apply for subpoenas from the Superior Court of the County of Bergan, State of New Jersey, to compel the appearance of Leonard Kohl, Alan Litt, Drew A. Barile and Jonathan Litt, ordering said deponents to appear and testify in accordance with Plaintiff's Notice of Deposition dated July 5, 2012. BY THE COURT: ??t?a J. C= - -d BCD :I C-n ...e! , - LAP; es jua. %d 7?/q?? a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff No. 2002-614 JURY TRIAL DEMANDED No. 04-6380 Civil Term / vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant '~1 AND NOW, to wit, this ~ ~ day of JURY TRIAL DEMANDED ORDER ~Q~ 0 .r-' ~l ~~ ~ ~~ ~ ~~~ v~ (O ~ ~, o ~ s ~~ ~ ~ C ., 2012, upon consideration of Plaintiff's Motion to Compel Answers to Discovery and to Compel Attendance at Deposition, and upon agreement of the parties, it is hereby ORDERED and DECREED that Defendants, Generations Management Services, Inc. and Generations Management Services, LLC, shall name a corporate designee for purposes of deposition, as earlier noticed by Plaintiff. These depositions shall be taken on or before December 31, 2012. It is further ORDERED that the depositions of Leonard Kohl, Alan Litt, Drew A. Barile and Jonathan Litt, shall take place in the State of Pennsylvania, on or before December 31, 2012. ~ ~~n ~ ~la~~ Es / Calms ~ ~ n~_~ BY THE COURT: Fw.`~. Cs,~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, I,LC, Defendant AND NOW, this ~~ day of No. 2002-614 JURY TRIAL DEMANDED No. 04-6380 Civil Term ~/ JURY TRIAL DEMANDED ORD,,E\\R Iv d~ ~'' '~ a ~ o- ~~ ~ ~~ ~~o~~ r-- ~- S ~ _. ~ W c ~ 5 •- , 2012, upon motion of Plaintiffls counsel and upon the withdrawal of objections filed by Defendants, it is hereby ORDERED and DECREED that Plaintiff is authorized to proceed to serve a subpoena to produce documents or things directed to K & L Gates, LLP, f/k/a Kirkpatrick & Lockhart, as earlier noticed by Plaintiff. BY THE COURT: _~.~~~ `~ 1~rAnk Clary, ~~ `' Co(~a ~.mt ~~ti nQK , ~S~ Cop,~s ~~ 1,~ ~t f ~3/,a ~w CARL R. MCALOOSE, : IN THE COURT OF COMMON PL PLAINTIFF : CUMBERLAND COUNTY, PEN V. GENERATIONS MANAGEMENT SERVICES, INC., DEFENDANT • • : NO. 02-614 CIVIL CARL R. MCALOOSE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. GENERATIONS MANAGEMENT SERVICES, LLC, DEFENDANT : NO. 04-6380 CIVIL IN RE: MOTION FOR SANCTIONS, TO COMPEL ANSWERS AND MOTION FOR SCHEDULING ORDER ORDER OF COURT AND NOW, this 6th of May, 2014, upon consideration of the Plaintiff's Motion for Sanctions, to Compel Answers to Plaintiff's Discovery and Motion for Scheduling Order, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested by Plaintiff should not be granted; 2. The Defendants shall file an Answer to the Motion on or before May 30, 2014; 3. Hearing/Argument on the matter will be held on Monday, June 23, 2014, at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ../glward M. Brennan, Esquire Attorney for Plaintiff ../ank P. Clark, Esquire Attorney for Defendants bas ;es frz.v4lect EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 Lr- _ 1 Cr Nt 1. -r t� L. I'1 2014 IVY -5 Pif I: 45 101Z1 77. Cti,'ISPRL A ND COUNTY VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : No. 2002-614 : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED MOTION FOR SANCTIONS, TO COMPEL ANSWERS TO PLAINTIFF'S DISCOVERY AND MOTION FOR SCHEDULING ORDER Plaintiff, Carl R. McAloose, by and through his attorney, Edward M. Brennan, Esquire, hereby moves this Court to enter an Order sanctioning and compelling Defendants, Generations Management Services, Inc. and Generations Management Services, LLC, to respond to Plaintiffs discovery pursuant to Pa.R.C.P. 4019, and in support thereof respectfully submits that: 1. This case involves an employment contract with Defendants and dispute as to the ownership of shares of stock in same. 2. Suit docketed to No. 2002-614 was initiated on June 21, 2001, and suit docketed to No. 04-6380 was initiated on December 20, 2004. 3. On January 3, 2012, Plaintiff, by regular mail, sent to counsel for Defendants an original set of Interrogatories and Request for Admissions directed to Defendants to be answered within thirty (30) days from the date of service. A copy of said letter is attached hereto as Exhibit "A". 4. Defendants have failed and refused to answer the Interrogatories and Request for Admissions and no objections have been made, despite the lapse of more than thirty (30) days. 5. On February 3, 2012, Plaintiff issued a Notice of Deposition of Corporate Defendant -Designee. Defendants refused to appear for said deposition or assign a corporate designee. 6. Plaintiff previously filed a Motion to Compel answers to these Interrogatories and Request for Admissions on July 9, 2012. This motion for discovery resulted in an Order dated July 11, 2012, wherein this Court ordered Defendants to answer the Interrogatories and Request for Admissions. Despite this Court Order of July 11, 2012, these Interrogatories and Request for Admissions were not answered and should now be deemed admitted. 7. On March 5, 2013, Plaintiff, by regular mail, sent to counsel for Defendants an original set of Interrogatories (Set II) and Request for Production of Documents and Records (Set II) directed to Defendants to be answered within thirty (30) days from the date of service. A copy of said letter is attached hereto as Exhibit "B". 8. Defendants have failed and refused to answer the Interrogatories (Set II) and request for Production of Documents and Records (Set II) and no objections have been made, despite the lapse of more than thirty (30) days. 2 9. This is the second Motion to Compel answers to discovery. This Motion involves recent discovery sent in 2013. This Motion also involves discovery sent in 2012, wherein this Court ordered Defendants to answer certain Interrogatories and Request for Admissions. Defendants have failed or refused to answer the Interrogatories and Request for Admissions as submitted. 10. In addition, Plaintiff served a notice of intent to subpoena certain documents from K & L Gates, LLP on or about December 30, 2011. Defendants objected to the issuance of the subpoena to K & L Gates, LLP on or about January 18, 2012. 11. After having filed objections on or about January 18, 2012, Defendants withdrew the objections on or about November 13, 2012, thereby allowing this Court to enter an Order directing that Plaintiff was authorized to proceed to issue a subpoena to produce documents or things directed to K & L Gates, LLP, formally know as Kirkpatrick & Lockhart, as earlier noticed by Plaintiff. Attached as Exhibit "C" is a true and correct copy of the Order dated November 13, 2012. 12. The subpoena to K & L Gates, LLP was duly served upon K & L Gates, LLP in January of 2013. 13. K & L Gates, LLP responded to said subpoena by letter dated on or about March 15, 2013, to defense counsel, Frank P. Clark, producing and enclosing materials to Attorney Clark bearing Bates Numbers 1 through 2,537. These documents were submitted to Attorney Clark for his review prior to releasing same to Plaintiff. 14. Despite repeated attempts by Plaintiff's counsel to obtain the K & L Gates documents from defense counsel, pursuant to said Order of November 13, 2012, these documents have yet to be produced as of the date of this Motion. 3 15. The instant Motion is actually the fourth discovery motion Plaintiff has had to file in this case. The first Motion to Compel Answers to Discovery and to Compel Attendance at a Deposition was filed on July 5, 2012. At that time, there was a discovery motion filed pursuant to Pa.R.C.P. 4009.21(d)(1). That motion involved the objections Defendants filed and later withdrew concerning the issuance of subpoenas; the third discovery motion was a request for the issuance of a commission so that depositions could be taken in New Jersey of certain key members of the Defendants' organization. At that time, Defendants refused to voluntarily appear for depositions in Pennsylvania. See paragraphs 16-18 below. 16. Defendants did answer Plaintiff's Request for Production of Documents dated March 31, 2010, only after a Motion to Compel was filed. These responses were filed on or about October 24, 2012, more than two years after originally submitted by counsel. 17. The discovery motions from July of 2012 resulted in two Orders dated November 13, 2012, authorizing the issuance of the subpoenas and also requiring depositions be taken of the key witnesses on or before December 31, 2012. 18. Two of the witnesses to be deposed refused to abide by the Court Order and were not deposed until January of 2013. The attempts to schedule these individuals go as far back as March 31, 2010. Attached as Exhibit "D" is a letter addressed to defense counsel seeking convenient dates for the scheduling of these depositions. Notices of Deposition were issued for August 16, 2012, at which time Defendants refused to appear. 19. Since being advised that K & L Gates, LLP responded to Plaintiff's subpoena by letter of March 15, 2013 (see paragraph 12), Plaintiff has been attempting to contact Attorney Clark in order to obtain these documents and also in order to schedule a final round of depositions. Despite repeated phone calls to defense counsel, defense counsel himself has not 4 returned a phone call or spoken to Plaintiff's counsel in over six (6) months. The only contact with defense counsel's office was with his paralegal who indicated that she would leave a message for Mr. Clark to call. 20. Plaintiff has made arrangements for expert witnesses to testify on both liability and damages in this case. However, these experts cannot proceed to render their opinions without the documents requested during discovery. Further, the final depositions cannot be scheduled without the cooperation of defense counsel. The last callback received by defense counsel's office was on July 29, 2013. 21. During depositions held on December 12, 2012, and January 15, 2013, witnesses for Defendants indicated that certain records had been lost or they were unable to locate contracts relevant to the above -captioned cases. 22. Plaintiff has been prejudiced by the failure to provide documentation and the spoliation of records despite Plaintiffs requests for same. 23. The delay has also caused prejudice to Plaintiff because of the recollection of witnesses. 24. Earlier motions were also filed in order to compel depositions of certain key witnesses who are managers or who have ownership interest in Defendants noted above. 25. The information sought in all of these discovery requests is essential to Plaintiff in order to properly prepare for trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order imposing sanctions upon Defendants in the above -captioned matters to include default judgment in Plaintiffs favor due to the extreme prejudice and spoliation of the evidence and include default judgment with a trial on damages only; and Plaintiff respectfully requests that this 5 Honorable Court enter an Order directing Defendants to answer outstanding Interrogatories and Request for Admissions dated January 3, 2012, the Interrogatories (Set II) dated March 5, 2013, and the Request for Production of Documents (Set II) dated March 5, 2013, and to produce the documents produced by K & L Gates, LLP, within ten (10) days or suffer further sanctions pursuant to the Pennsylvania Rules of Civil Procedure and to impose sanctions directing that counsel fees and costs be assessed against Defendants for repeated failure to respond or cooperate with discovery requests including, but not limited to, scheduling depositions and turning over subpoenaed documents of K & L Gates, LLP.; finally, Plaintiff requests this Honorable Court to enter a Scheduling Order directing that discovery be completed by a date certain and that Defendants cooperate fully so that this matter may be completely litigated on the merits in a timely manner. Date: Respectfully submitted by: fi/C/P446V4/1 q Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff 6 EXHIBIT "A" Law Offices EDWARD M. BRENNAN Attorney -at -Law 306 Ivlahantongo Street Pottsville, PA 17901 TAphon.: (570) 628-2461 Fax: (570) 628-4498 January 3, 2012 Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Enclosed please find Plaintiffs Interrogatories and Request for Admissions for answer by your clients in the above -captioned cases. Sincerely, EDWARD M. BRENNAN EMB/bap Enclosures cc: Mr. Carl R. McAloose G:\TE M PDOC\C LI ENTS\in I089\13AP6607.DOC ) EXHIBIT "B" • • Law Offices EDWARD M. BRENNAN Attorney -at -Law 306 lvlahantongo Street Pottsville, PA 17901 Telephone: (570) 6282461 Fax: (570) 628-4498 March 5, 2013 Frank P. Clark, Esquire Clark & Krevsky, LLC 20 Erford Road, Suite 300A P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Generations Management Services, Inc. Cumberland County C.C.P. No. 02-0614 Carl R. McAloose vs. Generations Management. Services, LLC Cumberland County C.C.P. No. 04-6380 Dear Frank: Enclosed please find Plaintiff's Answers to Defendant's First Set of Interrogatories in the above matter. I also enclose Interrogatories and Request for Production of Documents for answer' by your client. Sincerely, EDWARD M. BRENNAN EMB/bap Enclosures cc: Mr. Carl R. McAloose ( G:\TEMPDOC\CLIENTS\m 10891BAP6607. DOC ) EXHIBIT "C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW CARL R. McALOOSE, : No. 2002-614 - Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this \ 3 day of Iv 13'4 ., 2012, upon motion of Plaintiff's counsel and upon the withdrawal of objections filed by Defendants, it is hereby ORDERED and DECREED that Plaintiff is authorized to proceed to serve a subpoena to produce documents or things directed to K & L Gates, LLP, f/k/a Kirkpatrick & Lockhart, as earlier noticed by Plaintiff. BY THE COURT: EXHIBIT "D" Law Offices EDWARD M. BRENNAN Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 RE: Carl R. McAloose vs. Cumberland County Carl R. McAloose vs. Cumberland County Dear Frank: Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 Telephone: (570) 628-2461 Fax: (570) 628-4498 March 31, 2010 Generations Management Services, Inc. C.C.P. No. 02-0614 Generations Management Services, LLC C.C.P. No. 04-6380 Please allow me to follow up on our ongoing discussions in the above matter. Brenda in my office did talk to Jennifer in your office several times about scheduling the depositions of Allen Litt, Leonard Cole, a corporation defendant -designee and Douglas Berry. It is my understanding that you are in the process of obtaining dates from Mr. Litt and Mr. Cole. Please note that I have the following dates available: May 6, June 16 and June 29. Please have Jennifer contact my secretary at her earliest convenience so that we may get a date certain for these depositions. If your clients are not available on any of the above dates I suggested, I will check my calendar for any others dates you may suggest. I intend to subpoena the records of K & L Gates, formally known as Kirkpatrick & Lockhart, concerning the issuance of the shares of stock to Carl McAloose and other documents concerning Generations Management I and II. It certainly would be simpler if your client would agree to the production of these records for my inspection as I had requested earlier. I enclose an Amended Request for Production of Documents. If your client requires a confidentiality agreement in order to produce these documents, I will certainly talk to Mr. McAloose about signing same. I generally have no problem with confidentiality agreements in this type of litigation. Finally, I do intend to depose Steven Adelkoff as well. I believe he was counsel for the corporation and also acted in conjunction with Doug Berry concerning the issuance of shares to Carl. {G:\TEMPDOC\CLIENTS\m 1089\BAP6607.DOC} Edward M. Brennan Attorney -At -Law March 31, 2010 Page 2 Please contact me as soon as possible, if you intend to object to his deposition. It is important that you call me as soon as possible so that we can discuss the logistics of this case as outlined above. Sincerely, EMB/bap Enclosure cc: Mr. Carl R. McAloose 444/1,f,•ei EDWARD M. BRENNAN EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, : No. 2002-614 Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this , day of )176^% , 2014, I, Edward M. Brennan, Esquire, do hereby certify that I served a true and correct copy of the foregoing Motion for Sanctions, to Compel Answers to Plaintiff's Discovery and Motion for Scheduling Order and Memorandum of Law in Support of Motion, by depositing same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC 20 Erford Road, Suite 300A P.O. Box 1254 Camp Hill, PA 17001-1254 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff n J ti EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, : No. 2002-614 Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SANCTIONS, TO COMPEL ANSWERS TO PLAINTIFF'S DISCOVERY AND MOTION FOR SCHEDULING ORDER I. MOTION FOR DEFAULT JUDGMENT The most severe sanction in this case would be entry of default judgment in favor of Plaintiff and against Defendants in the above matter. Courts, when considering this sanction, must carefully balance the factors and equities of the particular case. Cove Centre, Inc. v. Westhafer Const., Inc., 2009 Pa. Super. 10, 965 A.2d 259 (2009) (sanctions only where violation is willful and opposing party has been prejudiced.); Philadelphia Contributorship Ins. Co. v. Shapiro, 2002 Pa. Super. 139, 798 A.2d 781 (2002); Grandelli v. Methodist Hosp., 2001 Pa. Super. 155, 777 A.2d 1138 (2001); Jetson Direct Mail Services, Inc. v. Department of Labor and Industry State Workmen's Insurance Fund, 782 A.2d 631 (Pa. Comm. Ct. 2001). In determining whether this type of sanction is appropriate, the Court must consider the Defendants' repeated failure to comply with discovery requests; good -faith efforts, if any, by Defendants to comply with Plaintiff's request; Defendants' disregard of prior court orders concerning discovery; the extent to which Plaintiff is prejudiced by Defendants' failure to comply with discovery requests and orders; whether the failure of Defendants to comply is willful and the various sanctions available. Pride Contracting, Inc. v. Biehn Const., Inc., 381 Pa. Super. 155, 553 A.2d 82 (1989). The Court should also consider the ability to cure the prejudice and the importance of the precluded evidence in light of the failure to comply. Estate of Ghaner v. Bindi, 2001 Pa. Super 195, 779 A.2d 585 (2001). For example, in an action commenced by a deliveryman for injuries sustained when he was struck by debris thrown from a roof by employees of the defendant corporation, the plaintiff was properly granted judgment after the defendant failed to comply with numerous discovery orders since (1) the plaintiff was incurably prejudiced when the defendant failed to provide last known addresses and Social Security numbers for its employees; and (2) the defendant acted in bad faith as shown by its nonmeritorious excuses for its conduct. Pedrick v. Deerland Corp., 20 Pa. D. & C.4th' 543, 1992 WL 695888 (C.P. 1992), aff d, 431 Pa. Super. 652, 631 A.2d 1380 (1993). In addition, a court may make an order refusing to allow the disobedient party to support or oppose designated claims or defenses; or prohibiting such party from introducing in evidence designated documents, things, or testimony; or from introducing evidence of physical or mental condition. Pa.R.C.P. No. 4019(c)(2). Thus, where a party fails to provide information which, 2 although relevant, is not determinative of the entire controversy, an appropriate sanction would be to disallow proof, at trial, of such undisclosed information. Baranowski v. American Multi - Cinema, Inc., 455 Pa. Super. 356, 688 A.2d 207 (1997); Wills Equipment Co. v. Goldman Enterprises, Inc., 325 Pa. Super. 116, 472 A.2d 674 (1984). In this particular case, we believe the information is relevant and failure to produce same severely hampers preparation of Plaintiff's case in general and preparation of Plaintiff's expert witnesses in particular. A court may order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact will be taken to be established for the purposes of the action according to the claim of the party obtaining the order. Pa.R.C.P. No. 4019(c)(1). In addition to other sanctions, the court may make such order with regard to the failure to make discovery as is just. Pa.R.C.P. No. 4019(c)(5). The extent to which a moving party has been prejudiced by the failure to produce or comply with discovery is an important consideration in formulating an appropriate sanction order. Pride Contracting, Inca v. Biehn Const., Inc., supra; Miller Oral Surgery, Inc. v. Dinello, 342 Pa. Super. 577, 493 A.2d 741 (1985); State Farm Ins. Co. v. Miller, 8 Pa. D. & C.4th, 614, 1990 WL 321115 (C.P. 1990). Factors which must be considered when a discovery sanction is imposed are the prejudice caused to the opposing party by the other party's failure to respond to discovery and whether the prejudice can be cured. Reilly v. Ernst & Young, LLP, 2007 Pa. Super. 216, 929 A.2d 1193 (2007); Pioneer Commercial Funding Corp. v. American Financial Mortg. Corp., 2002 Pa. Super. 68, 797 A.2d 269, 47 U.C.C. Rep. Serv. 2d 326 (2002), rev'd on other grounds, 579 Pa. 275, 855 A.2d 818, 54 U.C.C. Rep. Serv. 2d 616 (2004); Luszczynski v. Bradley, 729 A.2d 83 (Pa. Super. Ct. 1999). Prejudice for purposes of discovery violation results 3 anytime there is a substantial diminution of a party's ability to properly present its case. Beyer v. Epstein, 36 Pa. D. & C.4th' 246, 33 Phila. Co. Rptr. 54, 1997 WL 1056867 (C.P. 1997), aff d, 700 A.2d 1021 (Pa. Super. Ct. 1997). Prejudice to a plaintiff results when an action is dragged on for no apparent reason. See Rinker v. Malina, 46 Pa. D. & C.3d 155, 1986 WL 22236 (C.P. 1986). Prejudice to plaintiff may also be shown where plaintiffs promulgated interrogatories which are not answered in any meaningful manner, he is not able to prepare for trial, has had to wait for years for the trial to be scheduled, and then faced with a last-minute request for a discovery extension. See Stewart v. Rossi, 452 Pa. SUPER. 120, 681 A.2D 214 (1996). Further, the plaintiff can be prejudiced by defendant's failure to respond to discovery inquiries by being unable to prepare or evaluate the worth of the action or preparation of the expert reports. See McSloy v. Jeanes Hosp., 376 Pa. Super. 595, 546 A.2d 684 (1988). Although courts have an aversion to severe sanctions which preclude a party's ability to present its case, the imposition of discovery sanctions always is subject to a balancing test and a weighing of various factors. Weist v. Atlantic Richfield Co., 374 Pa. Super. 405, 543 A.2d 142 (1988); McGovern v. Hospital Service Ass'n of Northeastern Pennsylvania, 2001 Pa. Super. 304, 785 A.2d 1012 (2001). An appropriate discovery sanction is determined by consideration of the nature and severity of the violation. City of Philadelphia v. Fraternal Order of Police Lodge No. 5, 932 A.2d 274 (Pa. Commw. Ct. 2007), appeal granted, 595 Pa. 403, 938 A.2d 986 (2007); Pioneer Commercial Funding Corp. v. American Financial Mortg. Corp., supra. The court must also balance the procedural need for a prompt disposition of the case against the substantive 4 rights of the parties. Feingold v. Southeastern Pennsylvania Transp. Authority, 512 Pa. 567, 517 A.2d 1270 (1986); Pride Contracting, Inc. v. Biehn Const., Inc., supra. Other factors which must be considered when a discovery sanction is imposed include the merits of the reason for noncompliance, the number of discovery violations, and the importance of the precluded evidence. Steinfurth v. LaManna, 404 Pa. Super. 384, 590 A.2d 1286 (1991); City of Philadelphia v. Fraternal Order of Police Lodge No. 5, supra. The history of discovery in this case clearly shows that sanctions are appropriate. Defendants have given no compelling reason for non-compliance and routinely withdraw any objections on the eve of oral argument of a discovery motion filed by Plaintiff. Although one of the principals in Generations Management has died since the suits began, other live witnesses repeatedly frustrated attempts to be deposed. During the most recent depositions which were held, Defendants admitted many contracts subject to this action have been lost or misplaced. Only after Plaintiff obtained the commission to take depositions in New Jersey, did these deponents appear in Pottsville. Plaintiff has answered all discovery requested of him. However, Defendants repeatedly refuse to comply with the Rules of Civil Procedure in this matter. A. SPOLIATION OF EVIDENCE When evidence is spoiled or lost, sanctions have often been imposed. For example, in a landlord/tenant action and the destruction of evidence at a fire scene, the plaintiff was given a jury instruction which permitted an adverse inference to be drawn from the landlords' destruction of evidence. Eichman v. McKeon, supra. 5 Defendants had a duty to preserve what they knew or reasonably should have known is relevant to the action, is reasonably calculated to lead to the discovery of admissible evidence, is reasonably likely to be requested during discovery, or is the subject of a pending discovery request. Healthcare Advocates, Inc. v. Harding, Earley, Follmer & Frailey, supra. To determine the appropriate sanction for spoliation, the trial court must weigh three factors: (1) the degree of fault of the party who altered or destroyed the evidence; (2) the degree of prejudice suffered by the opposing party; and (3) whether there is a lesser sanction that will avoid substantial unfairness to the opposing party and, where the offending party is seriously at fault, will serve to deter such conduct by others in the future. PTSI, Inc. v. Haley, 2013 Pa. Super. 130, 2013 WL 2285109 (2013). Defendants knew of Mr. McAloose's lawsuit for a decade. Yet, the contracts for management of certain nursing home facilities, which would be relevant to a calculation of the damages or even liability issues, have been lost or misplaced. II. IMPOSITION OF SANCTIONS The imposition of specific sanctions for the failure to obey a discovery order is largely within the discretion of the trial court. Schweikert v. St. Luke's Hosp. of Bethlehem, Pennsylvania, 2005 Pa. Super. 363, 886 A.2d 265 (2005); Judge Technical Services, Inc. v. Clancy, supra; McGovern v. Hospital Service Ass'n of Northeastern Pennsylvania, 2001 Pa. Super. 304, 785 A.2d 1012 (2001). Further, the severity of such sanctions is vested in the sound discretion of the trial court. Philadelphia Contributorship Ins. Co. v. Shapiro, 2002 Pa. Super 139, 798 A.2d 781 (2002); Dominick v. Hanson, 753 A.2d 824 (Pa. Super. Ct. 2000); Smith v. Philadelphia Gas Works, 740 A.2d 1200 (Pa. Commw. Ct. 1999). 6 A court may, on motion, make an appropriate order if a party fails to make discovery. This order may include an appropriate sanction if: (1) a party fails to serve answers, sufficient answers, or objections to written interrogatories; Pa.R.C.P. No. 4019(a)(1)(i), pursuant to Pa.R.C.P. No. 4005. (2) a corporation or other entity fails to designate an individual to respond to questioning at a deposition; Pa.R.C.P. No. 4019(a)(1)(ii), pursuant to Pa.R.C.P. No. 4004(a)(2) or Pa.R.C.P. No. 4007.1(e). (3) a person, including a person designated to be examined, fails to answer, answer sufficiently, or object to written interrogatories on a deposition by written interrogatories; Pa.R.C.P. No. 4019(a)(1)(iii), pursuant to Pa.R.C.P. No. 4004. (4) a party or an officer or managing agent of a party or a person designated to be examined, after notice, fails to appear before the person who is to take the deposition; Pa.R.C.P. No. 4019(a)(1)(iv), pursuant to Pa.R.C.P. No. 4007.1. (5) a party, in response to a request for production of inspection, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested. Pa.R.C.P. No. 4019(a)(1)(vii). Defendants' bad faith in this case is overwhelming. The timeline pled by Plaintiff shows efforts to conclude discovery are repeatedly frustrated by Defendants' inaction or filing objections. Most of these objections are withdrawn at the last minute. However, the most egregious failure is the recent production of documents from K & L Gates, LLP. These documents or files have been sitting in Attorney Clark's office for over a year. Plaintiff's counsel has not been given the courtesy of a return phone call from defense counsel. The only conversations held were with a paralegal who simply stated that the phone message was passed on to the attorney. Due to the history of this case and the numerous discovery motions filed by Plaintiff and granted by this Court, we respectfully request that judgment in both cases be entered in favor of Plaintiff and against Defendants with instruction to conduct a trial on damages only. Plaintiff is also asking this Court to direct that all outstanding discovery be 7 answered within ten (10) days or suffer further sanctions and we are further asking that Defendants be directed to cooperate with any further discovery requests including, but not limited to, scheduling depositions and turning over the subpoenaed documents of K & L Gates, LLP. Finally, Plaintiff is asking that the Court enter a scheduling order that discovery be completed by a date certain and that Defendants cooperate fully so that this matter may be completely litigated on the merits in a timely manner. Date: 8 Respectfully submitted by: dward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 ,LED -OFFICE ICE THE PRQTHONO iA 7014M4Y 19 PM 2:42 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, Plaintiff. vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : No. 2002-614 : JURY TRIAL DEMANDED : No. 04-6380 Civil Term : JURY TRIAL DEMANDED MOTION FOR CONTINUANCE Plaintiff, Carl R. McAloose, by and through his attorney, Edward M. Brennan, Esquire, hereby moves for a continuance of the oral argument set for June 23, 2014, at 10:00 a.m., in the above matter, and in support thereof respectfully submits that: 1. Plaintiff filed a Motion for Sanctions, to Compel Answers to Plaintiff's Discovery and Motion for Scheduling Order on May 5, 2014. 2. On May 7, 2014, this Honorable Court entered an Order scheduling oral argument on the said Motion for June 23, 2014, at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 1' 3. Plaintiff's counsel is set to appear before the United States Court of Appeals for the Third Circuit in Philadelphia for oral argument on the same date andtime in the case of Blythe Township and FKV, LLC vs. St. Clair Borough, et al., Case No. 13-4694. 4. Immediately after oral argument in Philadelphia, Plaintiff's counsel is due to travel to Cape May, New Jersey, for a prepaid vacation from June 24, 2014, through June 29, 2014. 5. Defense counsel is not opposed to Plaintiff's request for continuance of oral argument. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reschedule the oral argument for sometime in July, 2014. Date: Respectfully submitted by: ti 51/c/ PI &'14414Vt Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, : No. 2002-614 Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED CERTIFICATION OF ADDRESSES Pursuant to Cumberland County R.C.P. 208.3(a), I hereby certify that the following are the parties to be served with copies of the accompanying proposed Order and that these are their addresses to the best of my knowledge, information and belief: Attorney for Plaintiff: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Attorney for Defendant: Frank P. Clark, Esquire Clark & Krevsky, LLC 20 Erford Road, Suite 300A P.O. Box 1254 Camp Hill, PA 17001-1254 It is hereby further certified that the undersigned has provided to the Prothonotary copies of the foregoing, and pre -stamped, addressed envelopes for each of the above -captioned parties for service by the Prothonotary pursuant to Cumberland County R.C.P. 208.3(a). Date: VA/04 ee/ff 'Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, : No. 2002-614 Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this I 5" day of , 2014, I, Edward M. Brennan, Esquire, do hereby certify that I served a true and correct copy of the foregoing Motion for Continuance, by depositing same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Frank P. Clark, Esquire Clark & Krevsky, LLC P.O. Box 1254 Camp Hill, PA 17001-1254 g24 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff )ditfriA4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, : No. 2002-614 Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, INC., Defendant : JURY TRIAL DEMANDED CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant AND NOW, this o"ay of : JURY TRIAL DEMANDED ORDER , 2014, upon consideration of Plaintiff's Motion for Continuance, hearing/oral argument is rescheduled to the `I" day of , 2014, at c..O t .m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. CeopI LS ribt LEL (Ply P. '-gQ.AJ 8441 clC R441 S/2.3/,g BY THE COURT: rn —4 c__; 1 CD CD ;. 7 ;7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARL R. McALOOSE, Plaintiff V. GENERATIONS MANAGEMENT : SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff V. • GENERATIONS MANAGEMENT : SERVICES, INC., Defendant No. 2002-614 CIVIL ACTION LAW JURY TRIAL DEMANDED No. 04-6380 04-6380 Civil Term- C-1 CIVIL ACTION LAW ••-•4 C7-) •••-•-, (7, N) JURY TRIAL DEMANDED DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION OF SANCTIONS Defendant, Generation Management Services, Inc., by and through his attorney, Frank P. Clark, of CLARK & KREVSKY, LLC., and files this Response in Opposition to Plaintiffs Motion for Sanctions to Compel Answer's to Plaintiff's Discovery and Motion for Scheduling Order by the following: 1. Denied as stated: a. Matter No. 2002-614 is an action against Generations Management Services, Inc., (actually known as Generations Management Services, LLC, a Pennsylvania limited liability company referred to herein as the "Pennsylvania LLC ") styled as a "refus[al] to acknowledge" and /or a "refusal to honor" Plaintiff's alleged ownership interest in the Pennsylvania LLC and/or failure to protect Plaintiff's alleged minority shareholder rights. b. Matter No. 04 -6380 is an action against Generations Management Services, Inc., (actually known as Generations Management Services, LLC, a Delaware limited liability company referred to herein as the "Delaware LLC ") styled as the Delaware LLC's alleged conspiracies with the Pennsylvania LLC, to refuse to protect Plaintiff's alleged ownership interest and/or suppress Plaintiff's alleged minority ownership interest in the Pennsylvania LLC. c. By way of further answer, the Pennsylvania LLC has no known operations, no known current officer or directors. d. By way of further answer, the Delaware LLC has no known operations and its assets have been assigned for the benefit of its creditors. 2. Admitted. 3. Admitted. 4. Denied as stated. Because there is no current functioning entity for the Pennsylvania LLC, there is no person available to provide said information requested. 5. Denied. Plaintiff issued a Notice of Deposition of Corporate Defendant- Designee for Delaware LLC, and on December 12, 2012, Drew A. Bartle, of Delaware LLC, sat for said deposition in Pottsville, PA. 6. Denied as stated. Because there is no current functioning entity for the Pennsylvania LLC, there is no person available to provide said information requested. 7. Admitted. 8. Denied as stated. Because there is no current functioning entity for the Pennsylvania LLC, there is no person available to provide said information requested. 9. The averment is a legal conclusion to which no response is required and is therefore denied. To the extent an answer is required, there is no current functioning entity for the Pennsylvania LLC, there is no person available to provide said information requested. 10. Admitted. 11. Admitted. 12. Admitted, on information and belief. 13. Admitted. 14. Denied as stated. Plaintiff counsel and Defense counsel have each missed each other's sporadic calls, but Defense counsel and Plaintiff counsel spoke on or about May 20, 2014, at which time Defense counsel promised production of responsive subpoenaed "K& L Gates documents," which are being produced to Plaintiff's counsel the week of June 2, 2014. 15. Denied as stated. Plaintiff sought depositions of these representatives of the Delaware LLC: Drew Barile, Alan Litt, Jonathan Litt and Leonard Kohl. Kohl is deceased. Since Barile was based in New Jersey and both Alan Litt and Jonathan Litt are based in New York, the location of depositions were disputed, but Defendants voluntarily agreed to hold the same in Pottsville, PA. Accordingly, Barile was deposed there on December 12, 2012, and both Alan Litt and Jonathan Litt were deposed there on January 15, 2013. 16. The averment is a legal conclusion to which no response is required and is therefore denied. 17. The averment is a legal conclusion to which no response is required and is therefore denied. 18. Denied as stated. Plaintiff sought depositions of these representatives of the Delaware LLC: Drew Barile, Alan Litt, Jonathan Litt and Leonard Kohl. Kohl is deceased. Since Barile was based in New Jersey and both Alan Litt and Jonathan Litt are based in New York, the location of depositions were disputed, but Defendants voluntarily agreed to hold the same in Pottsville, PA. Accordingly, Barile was deposed there on December 12, 2012, and both Alan Litt and Jonathan Litt were deposed there on January 15, 2013. 19. Denied as stated. Plaintiff counsel and defense counsel have each missed each other's sporadic calls, but defense counsel and plaintiff counsel spoke on or about May 20, 2014, at which time defense counsel promised production of responsive subpoenaed "K& L Gates documents," which are being produced to plaintiff counsel the week of June 2, 2014. 20. After reasonable investigation, Defendants are unable to admit or deny and the same is therefore denied. 21. After reasonable investigation, Defendants are unable to admit or deny and the same is therefore denied. 22. The averment is a legal conclusion to which no response is required and is therefore denied. 23. The averment is a legal conclusion to which no response is required and is therefore denied. 24. The averment is a legal conclusion to which no response is required and is therefore denied. 25. The averment is a legal conclusion to which no response is required and is therefore denied. WHEREFORE, Defendant respectfully suggest that this Court deny Plaintiff's Motion for Sanction to Compel Answers to Plaintiffs Discovery and Motion for Scheduling Order. DATE:May 30, 2014 Respectfully Submitted, CLARK & KREVSKY, LLC By: Attorney ID: 35443 P.O. Box 1254 Camp Hill, PA 17001 (717) 731 -8600 (717) 731 -4764 Fpc@Clark-Krevskylaw.com Attorney for Defendant(s) CERTIFICATE OF SERVICE I, FRANK P. CLARK, hereby certify that today, May 30, 2014, I served a true and correct copy of DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR SANCTIONS TO COMPEL ANSWERS TO PLAINTIFF'S DISCOVERY AND MOTION FOR SCHEDULING ORDER in the above - captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as follows: SERVICE UPON: Edward M, Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Date: May 30, 2014 ci4 Frank P. Clark Attorney ID: 35443 P.O. Box 1254 Camp Hill, PA 17001 (717)731 -8600 (717)731 -4764 Fpci)Clark- Krevskylaw.com Attorney for Defendant(s) } IN THE COURT OF COMMON PLEAS OF CUMBERLkNI COUNTY �c a P1 c r N clo -0 CIVIL ACTION LAIkb CARL R. McALOOSE, No. 2002-614 Plaintiff V. �Y.y. .--j • JURY TRIAL DEMANDED GENERATIONS MANAGEMENT : SERVICES, INC., Defendant CARL R. McALOOSE, Plaintiff v. • GENERATIONS MANAGEMENT : SERVICES, INC., Defendant • No. 04-6380 Civil Term CIVIL ACTION LAW JURY TRIAL DEMANDED MOTION TO WITHDRAW AS COUNSEL NOW COMES, Frank P. Clark, of Clark & Krevsky, LLC, who moves this Court to withdraw as counsel for Defendant in the above -captioned matters and avers as follows: 1. The undersigned entered his appearance for the Defendant in the above -captioned matters. 2. The Defendant in No. 2002-614, is in fact Generations Management Services, LLC, a Pennsylvania limited liability company (the "Pennsylvania LLC"). 3. The Defendant in No. 04-6380 is in fact Generations Management Services, LLC, a Delaware limited liability company (the "Delaware LLC"). 4. In or about 2002, the Delaware LLC acquired the assets of the Pennsylvania LLC. 5. To the undersigned's knowledge, the Pennsylvania LLC has no ongoing activities, and the Delaware LLC has directed all decision-making in the above -captioned matters. 6. Despite demands by the undersigned, the Delaware LLC is unable and refuses to meet its obligations to the undersigned. 7. The decision -maker formerly employed by Pennsylvania LLC has since left its employ. 8. The decision -maker of the Delaware LLC represented to the undersigned that its assets have been turned over to creditors, that an unidentified attorney is controlling its operations and paying creditors; the undersigned has made multiple requests of the decision -maker for contact information of that attorney, but it has not been provided to date. 9. The Delaware LLC has discontinued in fulfilling financial responsibilities to the undersigned. 10. The undersigned has advised the decision -maker that its lack of cooperation necessitates a request to withdraw from this action. 11. Rule 1.16 of the Rules of Professional Conduct, in part, permit a lawyer to withdraw from a matter when: GG (4) The client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (5) The representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client....." 12. The undersigned submits that the factors described in paragraph 11 above are satisfied and warrant the undersigned's withdrawal. 13. The undersigned advised the client of his intent to withdraw as counsel and can represent to the Court that the Client does not object to withdrawal. 14. The undersigned sought concurrence from Plaintiffs counsel, Edward M. Brennan, as to this Motion to Withdrawal as counsel, and can represent to the Court that Plaintiff has no opinion as to withdrawal. WHEREFORE, Frank P. Clark requests this Honorable Court enter an order granting his withdrawal from the above -captioned matter. Date: July 28. 2014 Respectfully Submitted, CLARK & KREVSKY, LLC By: , ()tit, Frank P. Clark, Esquire Attorney ID: 35443 P.O. Box 1254 Camp Hill, Pa 17001 (717) 731-8600 (717)731-4764 (fax) Fpc@Clark-Krevskylaw.com Attorney for Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARL R. McALOOSE, Plaintiff v. • • GENERATIONS MANAGEMENT : SERVICES, INC., Defendant No. 2002-614 CIVIL ACTION LAW JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff v. GENERATIONS MANAGEMENT : SERVICES, INC., No. 04-6380 Civil Term CIVIL ACTION LAW JURY TRIAL DEMANDED Defendant CERTIFICATION OF ADDRESSES Pursuant to Cumberland County R.C.P. 208.3(a), I hereby certify that the following are the parties to be served with copies of the accompanying proposed Order and that these are their addresses to the best of my knowledge, information and belief: Attorney for Plaintiff: Edward M. Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Attorney for Defendant: Frank P. Clark, Esquire CLARK & KREVSKY, LLC P.O. Box 1254 Camp Hill, PA 17001 It is hereby further certified that the undersigned has provided to the Prothonotary copies of the foregoing, pre -stamped, addressed envelopes for each of the above -captioned parties for service by the Prothonotary pursuant to Cumberland County R.C.P. 208.3(a). Date: July 28, 2014 ecv Frank P. Clark Attorney ID: 35443 P.O. Box 1254 Camp Hill, PA 17001 (717)731-8600 (717) 731-4764 Fpc(u7Clark-Krevskylaw. corn Attorney for Defendant(s) CERTIFICATE OF SERVICE I, FRANK P. CLARK, hereby certify that today, July 28, 2014, I served a true and correct copy of the MOTION TO WITHDRAW AS COUNSEL in the above -captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as follows: SERVICE UPON: Edward M, Brennan, Esquire 306 Mahantongo Street Pottsville, PA 17901 Date: July 28, 2014 1,1 0),\, Frank P. Clark Attorney ID: 35443 P.O. Box 1254 Camp Hill, PA 17001 (717)731-8600 (717)731-4764 Fpc@,Clark-Krevskylaw.com Attorney for Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARL R. McALOOSE, Plaintiff v. GENERATIONS MANAGEMENT : SERVICES, INC., Defendant No. 2002-614 CIVIL ACTION LAW JURY TRIAL DEMANDED CARL R. McALOOSE, Plaintiff v. GENERATIONS MANAGEMENT : SERVICES, INC., Defendant No. 04-6380 Civil Term ✓ CIVIL ACTION LAW JURY TRIAL DEMANDED ORDER AND NOW, this 28th day of July, 2014, on Motion of Frank P. Clark to withdraw as counsel for Defendants in the above -captioned matters, it appearing to the court that good grounds exist for said withdrawal, said Motion is GRANTED. 1 ES 'i ti L etbiLk_ /AY BY THE COURT: /S% .�•piwz, M.L. E ert. Jr., J. CARL R. McALOOSE, Plaintiff © PAC- /d4t- : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA rs -17 V C d -A : CIVIL ACTION - LAW -0, 3: r =A- rn03 1 GENERATIONS MANAGEMENT Z• al {, SERVICES, INC., fir` -- `"'r':' CD 1 Defendant : 02-0614 CIVIL TERM ""<1' — -i Sq w -r; 774 CARL R. McALOOSE, : IN THE COURT OF COMMON PLO c?, Plaintiff : CUMBERLAND COUNTY, PENNSYLV IACD ° V : CIVIL ACTION - LAW GENERATIONS MANAGEMENT SERVICES, LLC : 04-6380 CIVIL TERM IN RE: MOTION FOR SANCTIONS AND TO COMPEL ANSWERS ORDER OF COURT AND NOW, this 4th day of August, 2014, after hearing in the above -captioned matter in regard to outstanding discovery, and it appearing that the defendant's attorney has been released from the case, IT IS HEREBY ORDERED AND DIRECTED that counsel for plaintiff shall provide the Court with a specific list of all outstanding discovery he is requesting in this matter pursuant to his proposed Order, paragraph 2. IT IS FURTHER ORDERED AND DIRECTED that Mr. Clark shall submit to the Court for in camera review all of the redacted materials pertaining to the Cahill Gates LLP file produced in 2013. The Court will review these in camera and determine whether or not they can be released to I McAloose V Generations Management 02-0614 and 04-6380 Civil Term In Re: Motion for Sanctions and to Compel Answers the plaintiff. It is understood that the objection to release is attorney/client privilege. This Court advises the parties that upon receiving the list from Mr. Brennan regarding the outstanding discovery, an Order shall issue for completion of that discovery. Any failure to comply with the Order may result in judgment being entered against a party who has failed to comply. By the Court, 4../'‹Ward M. Brennan, Esquire For the Plaintiff ✓ Frank P. Clark, Esquire For the Defendant :mtf EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 n;n -• j f S� f 1 v�7r. ai CT flrvt •RC1 r: : 09 f j t=rZ C:r'<3� fl ,1/1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant : No. 04-6380 Civil Term PRAECIPE TO SETTLE, END AND DISCONTINUE To: David D. Buell, Prothonotary Kindly mark the above -captioned matter as settled, ended and discontinued with prejudice. Date: / 0)aq Pui itizA Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff EDWARD M. BRENNAN, ESQUIRE Attorney -at -Law 306 Mahantongo Street Pottsville, PA 17901 (570) 628-2461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION — LAW CARL R. McALOOSE, : No. 04-6380 Civil Term Plaintiff vs. GENERATIONS MANAGEMENT SERVICES, LLC, Defendant CERTIFICATE OF SERVICE AND NOW, this p1 vl `day of C41 , 2014, I, Edward M. Brennan, Esquire, do hereby certify that I served a true and correct copy of the foregoing Praecipe to Settle, End and Discontinue, by depositing same in the United States Mail, postage prepaid, in the Post Office at Pottsville, Pennsylvania, addressed to the following: Lee M. Epstein, Esquire Flaster Greenburg 4 Penn Center 1600 JFK Blvd., 2nd Floor Philadelphia, PA 19103 Edward M. Brennan, Esquire Attorney I.D. No. 38770 Attorney for Plaintiff