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Home My WebLink About96-01036 ~ - - oJ 3 ,cf 7' I I ~ ,i ! a. f oj 105 "'\'!jj-- -~'ti,; f'f.,/,' ") ~ pe J -.-5 N) I Q ( I I I I 13 CY .~ o ~ COMMONWIAUH 01 'INN,YLVANfA ~~--';"- -.... Covay'Of CoAWON"L.AS C'.../r-t ,)...~J..1I#l..p C ,.,..A_'-,ly JUDICIAL Dllrller NOTICt 0' APPIAL FROM l~ "/ ~ ). .- (' I DISTRICT JUSTICI JUDGMINT COMMON..... No. q ,,- / C j c, C4d ~ NOTICE 0' APPEAL Notic. i, giltetl ft\or the uppeUanr has filed ,n thlt obo\le COI;rf of C)mmon Pleo~ (In appeol from the JUdqrn.,nt (end"f~d by the Ois;,ict Justice on the da.. and ;n the CaM montioneG bel"", FWiI<<~t1:;' IJ~-~~;-;;- E. .f"i.~~t~'1 ~6Jt-'''>/I1~,;rhf' IA2.[O:::~;j~?r.r)j;t'I.'I';'-_,m__ AD6IIU"6fAHtrlANr-.-~u'_--'n --....---.. r" ,'1ft "'A" l.c.JUC <1J. C,<!H;LI'~ (,-/';' IX!) ('<,/,,/, ,U' r::,t;,.';J,'..... j,:-"',;.;.'-...-----'--- -aAl'fOr" Nt - - [IN tHe ,~...!;E IJF l.wM . . .:: IC',/,;I e... ,..,.'t)t'rcyT' ,K ~ Lh"I'I~,__'h__.S{j/'itl!/l.. '),'IU Ip fl.uIIC~"" Cl:('I)'<:,II;II(l~ h~.,,ril____ 7i~f-" ..' f:",":'N"'lilllECf"'PI'EllAN")lI~'i"'lro'Nf:Y()h' Nr .:: 1/- ,cc:cJ"j'''-7,- I (>:~/. ;,/" ." _,_J . /J/) CV 19_____.--'___.....__.._ . /(/ (< . ~iv (' ~..<..t:f' LT 19 _, __ . ,:=:::::-:;:::':;":;:.,__....___ , ., /~. '-t'o. ..,..--', "------'..--------.'-----,--.--- This block w;U be Iigned ONLY",""" this notalion " requored under Po. RCP'J.P. No. If appellant was CLAIMANT 1 see Pa, R.C.P.JP No, 100811 Thi. Notice of Appeal, when rece;""d by .he Di.tricl JUlIice, w,1I ope"'te a. a 1001(6) ,nactlonbeloreDlso.,ctJustice, he MUST SUPERSEDEAS ta the judgment"" po.....ion in th" ca... FILE A COMPLAINT wllhm twenly (20) days after IiImg hiS NOTICE 01 APPEAL. SK]natiJmc)fr>rijil1,Xiijiiiy-O;:.Df!PtI;Y '---'''--'RAi'cip.-yo INTlR-iHlLE-TO fill COMPLAiIllTANifiui:E"TO fiLE fThi/j section 01 fOmt /0 be used OND' when appclliJf./ was DEFENDANT (see Pa, HCPJP No. /00/(7) ill ilCllun belofO D.s/flcl Justice. /F NOT USED, detach lram copy 01 nol/ce 01 apped/lo be served upon appellee). 'RAICIPII To Prothonotary ~r.u/l""P ~)TJ!f';rr;...5c,... :r.....', , . . . Enter rule upan -=--____,__,..,__..__,_..,.._____,....." ___ __ ...__,_..__,....._ , appelleej.), to file a campla,nt ,n this appeal N;.~1 01 ,ij.lJfJlltlto('iJ (Cammon Pleas No. ~ -' d:tJ., -- J :-! J' . "/. -:- ) w,th,n '_nty (20) day. offer ,",voce of ,ule Of '\If fer ",,'ry a1Ju~ of non pro~ No. % -/03" ut,.,d r~ _L,'/'..Ll.<::u(Lff 7 F 'r~..Jt.epl ; t'-- ) tj' $....1 SIIJla/UIll 01 <Jiipellallt Of htS ,tt~ Of d(JItnt G L.I,..I/-KI) S'(t'i'if/:',,->"',,- i';~ II J. it"f-, -----,-....-,-----" oppe eel'), ~ I,> ,"V~ ~ Nameot~lf'i) ;7'7 ~ lUll I To (1) You ore no~fied that 0 rule i. hereby entered upon you '0 fil. 0 complain' in th;. appeal w;th;n lwenty 120) day. offer the date of service of this rule upon you by personal service Of' by certified Of' registered mcul (2) ~ you do not file a complaint w;thin thi. lime, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU, (3) The date of service of this rule if service was by mail 15 the dote of mailing. Datw: .J-~. .;I.t;J ,192./;. Lft,<~tJ.ut'-__Ll~Jl~..i:ti/W_ J IrJ~. ~ S/fJlafl.ro uI R'ultknJlwv ~ AOPCll]lW COURT FilE TO BE FilED WITH PROTHONOTARY COMMONW(AL'H Of PlNNSYLVANIA __~,_____._ ___ . n" nn__" COUI, 0' COMMON 'UAS C,-,,.,Bif>'Uorc CO~"7,,, JUDICIAL DISJlICf NOTICI 0' APPIAL fllOM O?- J -(5/ DISTRICT JUSTICI JUDGMINT COMMON".ASN.. 1(;,-103f.., (/~'{" t TC1'H' NOTICE OF APPEAL Notic. il given thot thd appellant hen flIed In the 000""0 Court of Common PIp.t.1~ nn appeal from 'h~ Judgment rendered by the Oi,hid Ju,ti(e on the dale and in tho co.. mentioned below. ::~~:fi~~d;';;~;I-~~E. . B~;/;;;~~"',:rv'll""I/'~, r:[Mp;~7;'N:7t:DI~~t~~~~~:':,~= , /',' <.... 1'71 '- I< il f<, : . ff" / r ,f C ,>; AI, {/ /... /' , I,.-'(';J ;:. Zi;~ -"-J:'~;;;;i;:^_, 5 OM ,-c /J r",~'."'" J;}:;~:~~ ;'':'f-'~'l~ :.~~~_.._---'- ~;.': c ~- O~OO~J'~-jS.-9'- r~?;g:t:;C*~r;4 This blcxk wiD be signed ONLY when th" notohan i. ';qui~d;;-.;d;;;P';:-R,CPJp No. 'II aPPel/an/was CLAIMANT (see Pa, R,C.PJ,P No. 100811. This Notice of Appeal, when receiY1td by the Di.trict Ju.lice, will operate a. 0 100 1{ 6) in action betore District Justice, he MUST SUPERSEDEAS to the j~t fa. po....sion in thi. co... FILE A COMPLAINT within twenty (20) days after , __, '.. tiling hiS NOTICE of APPEAL. S;ij,all/morPiOihOilotiJlY or-DL~pufY"-----"- _______.____.______________________1 PRAECIPlfTO-ENTElfiiuLETCfFlIEC'oMpLAiNT AND RULE TO FILE (This section of fOrm to be IJSOO ONLY when appellant was DEFENDANT (see Pa, HG.P.JP. No. IF NOT USED, detach tram copy ot nolice 01 appeal to be serwid upon appellee I, PRAECIPE. To Prothonotary F! tv 11;< J.> 100 I (7) /11 actlOll belate DIStrict JlJSlice, Enter rule upon '5TfI'/lhJOIV ~tR, . appellee!.), h) file 0 ,omplaint in thi. appeal Nan(} oJ .JWQ/I6e("'iJ ICommon Plea. No. ~ S 4J f K' F 7" - ) within twenty (201 day. ofte~,....vice of wle at .ufler entry o"judgment of non pro. No, 96 - /03(P (wd /I!."v"","- t/~h//",-;J" FJ ~~ . _I) ~-Cf~ )','1.:1 Strlf18furool,IWf1I/tJlltothl5lJttomevOl.t{JCnf "'-jFtJ/UC;CIIU V/< "'1_ --" I' ,oppellee(.), ~ to> 0"" > N<Mne 01 iJWtMlt.'t.>(s) (/' I.. ' - . f;;: /.)J 11 f{ f> RULE. To II) You Olll notified that 0 rule i. h....by en"".d upon you to file 0 complaint in this appeal within twenty (20) day. of,or the dote of service of thts Me upon you by perwnol service or by certified or registered maiL . , (2) ,N you do not file 0 complaint within this time, 0 JUDGMENT OF NON PROS WILL BE E~TERED AGAINST you. ' (3) Th. date of ..rvice of this rule if .orvice was by moil i. the date of moiling. J-dL, .>\ C:, ,19..2.h [")~t<L bit. /}, )kttvw.. Jx t.~* Sq1attn 01 Prol lOl.Yy or Dote: AOPC Jl:l'-lM COURT fiLE 17'7,:r;l' Vil(l( ppt/stephen.com/March 15, 1996 4. On or about July 8, 1995, Plaintiff contacted Defendant to inquire about purchasing a motor vehicle engine of which he became aware as a result of Defendant's newspaper advertisement. The advertisement stated that all such motors come with a warranty. A true and correct copy of said advertisement is attached hereto and incorporated herein as Exhibit "A". 5. On July 22, 1995, Plaintiff purchased a rebuilt motor for his automobile from Defendant. The motor was installed in Plaintiff's Ford Ranger pickup truck on or about July 2l, 1995. 6. Plaintiff I s purchase of the aforesaid motor included a Used and Rebuilt Motor Warranty ("Warranty") providing free labor on all repairs for 30 days from purchase and free parts for the sooner of 6,000 miles or 6 months, and Plaintiff relied thereon in his purchase. A true and correct copy of said Warranty is attached hereto and incorporated herein as Exhibit "B". 7. On or about July lO, 1995, after driving his vehicle about eleven miles, Plaintiff detected a leak coming out of the aforesaid motor and substant.ial impairment in its function. 8. On July ll, 1995, Plaintiff advised Defendant of the motor's faulty performance and its defective condition and - 2 - ppt/stephen.com/March 15, 1996 requested that Defendant repair the motor in accordance with the warranty. At that time, Defendant refused without explanation to perform any repairs unless Plaintiff substantially paid Defendant's costs therefor, notwithstanding the aforesaid warranty. 9. his vehicle. On August 2, 1995, Plaintiff removed the motor from 10. On August l, 1995, Plaintiff brought the motor to Defendant to repair same in accordance with the warranty but Defendant, at that time, again refused without explanation to comply with the aforesaid warranty and again demanded that Plaintiff substantially pay Defendant's costs therefor. 11. Also on August l, 1995, Defendant offered to replace the motor with another rebuilt motor from Defendant but refused to provide Plaintiff with any warranty thereon. At that time, Plaintiff promptly refused to accept Defendant's replacement motor without any warranty thereon and again rejected Defendant's continued refusal to comply with the warranty. 12. As a result of Defendant's aforesaid unjustified refusal to honor its warranty, Plaintiff has incurred substantial costs in repairing the motor and has lost the use of his truck for a substantial period of time. - 1 - "" :!".~ :-.- -. (;'1 "" '" <r .... -' 2 l..j - .. M ,~ .. c: - W " C 2 '" 0 c.. -<: .... ~ ~. > ... c.. ., . ~ '" <l: - . ~-r: c z c 0 ~ ;>, III N x .... --< ~ " t: 0 . '.. .. ;: N ~ ," - '). '" Ill~ :7: :,.. . ., 'v m 0 ,g - :<. t- o fJ) :.':: =" ..::. U -' > . 0 /': . '. "0 >,M :r: ~ ;;; "'... u C..J .- ., C c: w c: N <:) C ~ - llJ 0 ... c: ;::::: u ',. '" u.. ~. '" u; . 0 ...J ~ ~. ~ .. '" .t: a.. - - u.. II) r:::. - I , .. '" 0 j! t- z ..-": :r: . >- -' <f. 0 ,0;0 "- i...... /. llJ e '" "" "" ;>,'- "- .-. ::.:0.. t:'" :~ - - M t- - 1lli Cl "" i- '- w <l: u ....J U - 'J; .....J ~rJ :::; CO ~ I ..,. "- :~:: - u.. '7 .-.:> .. .::0 - :J ...J e- X .. .' ,. - -<: " "- ,. i- ~ ::L 'ry ;... .,,: ..,. "- , Z u.. - 0 ., ..,. - .:) U z w . ~-. . . 1-" . . .' r '-. . . ," ~ would not be responsible for Ihe owner's or buyer's engine ~olllponellls. Finally. the document ~ont1nns Ihal warml1ly work is 10 be delennined by the Defendam solely, 7, Defendam afier reasonable invesligation is without knowledge or information sufticient 10 fonn a belief as to the tmlh of the Plaintift's avennel1l. 8. Admitted in pan. denied in pan, It i,; admitted that on or about July J I, 1995, the Plaintiff advised the Defendant of the motors alleged faulty perfonllan~e and requested the Defendant to make repairs in a~~ordance with the warranty. However, it is spe~it1cally denied that the Defendant refused without e;(planation to perform the requested repairs unless Plaintiff substanti,llly paid Defendant's costs. By way of ;unher answer, the Defendant upon questioning the Plaintiff as to the problems with the motor, and investigating funher, concluded that the requested repairs ex~eeded the scope of the warranty and advised the Plaintiff accordingly. 9. Defendant after reasonable investigation is without knowledge or information sufticient to form a belief as 10 the truth of the Plaintiffs avermen!. 10. Admitted in pan, denied in pan. It is admitted that on or about July J I, 1995, the Plaintiff advised the Defendant of the molors alleged faulty performance and requesled the Defendant to make repairs in a~cordan~e with the wam.lllty. However, it is specitically denied that the Defendant refused without explanation to perform the requested repairs unless Plaintiff substantially paid Defendant's ~osls. By way of further answer, the Defendant upon questioning the Plaintiff as to the problems with the molor, and investigating funher, concluded that the requested repairs exceeded the scope of the warranty and advised the Plaintiff accordingly. 11. Denied. While it is admitted tlli,t thc Defcndant offered to replace the mot.:!r with a new or replacement motor, it is denicd that the Dcfcndilnt's refuSilltb perfonn work 011 thc purchased motor was a failure of the Defendant to comply with the warrdnty, By way of further answer, when Plaintiff tirst advised toe Defendant of difticulties with the Illot'lr by ldephone, he merely advised the Defendill1l that two seals wcre lcaking oil within the motor, It was only when he appeared at thc DefelllJ,ull's garagc that he advised the Defendant afier dose questioning that there was a problem with the ;ullnber 6 cylinder, Defendant, based upon his knowledge and expenise concluded that the problem with the number 6 cylinder could only have been ~aused by the Plaintiffs failure to abide by the warranty. 12. Denied. It is denied that the Defendant's refusal to honor the warranty was unjustitied. Plaintiff, or an agent of lhe Plaintiff. had attempted to effectuilte repairs on the engine, said repairs spedtlcally violating tht. tenns of the warranty. The Defendant is unaware after reasonable investigation as to whether the Plaintiff lost use of his tmck for a substantial period of time and proof lhereof is denlilnded at trial. 13. Admitted. 14. Denied. The Plaintiff, was aware of the terTlls of the wilnanty and requested repairs that exceeded the scope of the warranty. Thc Dcfendalll, in good faith, attempted to Siltisfy the Plaintiff by reaching an accommodation and such accollllllodation was refused. COUNTY I BREACH OF EXPRESS WARRANTY 15. Pamgmphs I through 14 ilre incorporatcd herein by reference as if fully set fonh herein. 16. Admitted in pan, denied in pari, It is admitted that lhe warranty specilied that the Defendal1l would perfonn repairs IIIlller cenain speciik conditions at no additional costs 10 the Plaintiff ior a period of thiny (.\0) dilys alter the date oi pun.:hase, By way of iunher answer, thc conditions set fonh in the warranty were violated by the Plaintiff or an agent of the Plaillliff. 17. Admitted. J 8. Denied. It is speciti~ally denicd lhat the Defendant refused tn honor the wammty without explanation or justitication. By way of funher answer, the Defendant has constantly advised the Plaintiff throughout the course pI' this action as to why the warranty was breached by lhe Plaintiff, ami Silid breach relieved the Defendant of ~ny obligation 10 make the repairs that were requested by the Plaintiff, 19. Denied. Defendant was justitied in his refusal of performing the repilirs requested by Plilintiff as they exceeded the scope of the warranty. WHEREFORE, the Defendant requests this Honorable Coun to dismiss the Plaintift's aClion, or alternatively to t1nd in thc favor vI' the Defendant. COUNT II BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY 20. Pardgraphs I through 19 are incorporat'1d herein as if fully set fonh at length. 21. Admitted. 22. Denied. The Defendant is without knowledge as to how soon the motor began lcaking afier it was delivered to tht' Plaintiff. By way of funher answer, the Defendant stood ready to honor his wamuuy with regard to the request to repair the leaking seals. The Deft'ndant refused the additional repairs of repairing thc dead number 6 cylinder as this condition could only have been caust'd by the Plaintift's or an agent of thc Plaintiffs attempt to adjust the value on the motor. Such repairs exceeded the scope of the express warrdnty that was offered with the engine and uccepted by the Phlintiff at the time of purchase. WHEREFORE, the Defendunt requests this Honomblc Coun to dismiss lhe Plaintiffs Complaint, or illtel11atively. to rule in the favor of the Defendunt. COUNT III UNFAIR TRADE VIOLATIONS 24. Paragmphs I through 23 are incorporated herein as if fully set fonh at length. 25. Denied. It is specitically denied that the Defendant refused without explanation or justification to honor its express warranty. By way of funher answer, the Defendant notitled the Plaintiff in a timely fashion us 10 what repairs he would complete pursuant 10 the warrunty and what repairs he believed exceeded the scope of the warranty. FurthemlOre, the Defendant throughout the course of his dealings Wilh the Plaintiff attempted 10 accommodate the Plaintiff with remedies that exceeded the scope of the warranty and demonstruted his good faith. It is specitically denied that the Defendant's conduct constituted fmudulelll conduct which created a likelihood of confusion or misunderstanding contrury to the Pennsylvania Unfair Trade Practices and Consumer Protection Luw, found ut 73 P.S. !l201.-I, ~ 26. The Plaintiffs avemlelll is a cm,elusion of law which requires no answer to the extent that such an answer is required by this coun, the Defendant spccitically denies that his conduct was a violation of the Pennsylvania Unfair Trude Pructices and Consumer Protection Law. 27. -nle Plaintiffs avennelll is a condusion of law which requires no answer 10 the extent that such an answer is required by this coun, the Dcfendant specitlcillly denies that his conduct was a violation of the Pennsylvania Unfair Trude Pmctices and Consumer Protection .'/ ~..... ..... t.'- f. - I" ~.~ " ~H'. ,- e ,- 9, :) L. < -', ., u.: .' ....:: ! _..~ l'_ 0 " ) '-., ~':j) .. ) . ~, . ..' , ,9 ;.0: < .. " ~ '" 0 - ~ ~ . !:; ;:; . 1 ~~ <II ~ ~ , ~ ~ ! < .... . - ~ d '" " ~ ;; ;:: < .. . :: , ;; i$ 0 , jv. ~ 0; 0:: , = " ~ ~ d ~ '" ~ .:: 0 < .. . Q, . '" < :c " . "I . ppt/stephr-n.i~t/March 15, 1996 .. DEi'INITIONB The fOllo-.dng definitions shall apply to these Interrogatories and all other discovery material in this case: 1. "Plaintiff" or "Plaintiffs" refers to all named Plaintiffs herein, their employees, agents, attorneys, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of Plaintiffs, 2. "Defendant" shall mean the answering Defendant, its predecessors or successors in interest, employees, agents, attorneys, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of said Defendant. 3. "Document" shall mean all written or printed matter of any kind, whether or not prepared by you or by or on your behalf, and including without limitation letters, correspondence, memoranda, notes, plans, blueprints, sketches, drawings, tables, speeches, press releases, diaries, calendars, agenda, statistics, letters, telegrams, minutes, contracts, purchase orders, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, interoffice and intraoffice communications, - 2 - ppt/step~n.i~t/March 15, 1996 4 offers, bulletins, printed matter, computer printouts, teletypes, telefax, invoices, work sheets, work papers, records of telephone calls or other comlounications or conversations, and all drafts, alterations, modifications, changes or amendments of any of the foregoing, graphic or aural records or representations of any kind, including but not limited to, photographs, charts, graphs, microfiche, microfilm, video tapes, recordings, and motion pictures, and electric or mechanical records or representations of any kind, including but not limited to, tapes, cassettes, discs, and recordings, 4. "Communication" shall mean any oral or written statement conveyed by one person or entity to another person or ~ntity, any statement made by one person in the presen~e of one or more persons, and any document delivered by or for one person or entity to any other person or entity. 5. "Or" and "and" means "and/or", 6, "Identify" (or "identity"), when used in connection with the words "document", "communication", "act or transaction," "person or individual", "entity", shall be read to call for the following information: - 3 - ppt/steph~n,i~t/March 15, 1996 . document relating or referring to such conversation or oral communication. (c) When used in connection with person or individual: (1) his or her full name, (2) his or her present or last known residence and business addresses, (J) his or her present or last known residence and business telephone numbers, (4) his or her present or last known employer, (5) his or her present or last known job title and the jOb title at the time of the acts subject to Plaintiff's Complaint, (6) his or her affiliation at any time with Plaintiff, by employment or otherwise, if any, including the nature and dates of such affiliation. (d) When used in connection with a business entity, its name, type of entity (e.g., corporation, partnership, etc,), principal address and place of organization. 7. "Incident" or "accident" means the occurrence or event that forms the basis of the causes of action or claims for relief set forth in the complaint, and more fully described therein. 8. "You", answering Defendant, depending on the context, refers to the or the agent or servant of said Defendant - 5 - ppt/stephen.int/March 15, 1996 . . . whose action, knowledge, and information are referred to in the Interrogatory. 9. "Person" means any individual, firm, partnership, corporation, association, business or governmental entity or sUbdivision, agency, department, and any "person" acting by or through, directly or indirectly, any other "person" as well as any "person" by whom such "person" was controlled with respect to the matter in question. II. INSTRUCTIONS 1. In construing these interrogatories, words used in the singular shall include the plural, and words used in the plural shall include the singular number as well. Male, female and neuter terms shall refer to all persons, regardless of gender. 2. Each interrogatory answer is to be set forth separately. When interrogatories contain separately numbered or lettered paragraphs, each paragraph should be answered separately. 3. If the responding party encounters any ambiguity in construing an interrogatory, the party shall set forth the matter deemed "ambiguous" and set forth the construction used in its answer. - 6 - ppt/steph~n.i~t/March 15, 1996 a. The name, address and affiliatlon with the defendant of each ot the persons who were consul ted in answering the question. b, Identity each and every document relied upon in answering the question, c. Identity each and every document examined the answering the question. d, Provide the name and address of every person whom you believe may have additional information to the question, e, Identity each and every document you believe may have additional information relevant to the question; and t. Provide the name and address of the person or perso~s of whom you are aware who are prepared to swear to the accuracy and completeness of the answer given to the question, 10. Provide the name and address of any perstln or persons of whom you are aware who disagree with any part of the answer given to t.he question or to its completeness or to the choice ot words or phrases used, 11. Each interrogatory shall be answered fully and completely unless objected to, in which event the reasons for the objection shall be stated in lieu of an answer, The statement of - 9 - ppt/steph~n,i~t/March 15, 1996 an objection shall not excuse the answering party from answering all remaining interrogatories to which no objection is stated, INTERROGATORIES 1. Insurance. I f you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the fOllowing with respect to each such policy: (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective date(s) of each policy; (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER I a. State Farm b. Narsha 11 E, Powell c, Homeowners 8/17/95 d. N/A e, N/A - 10 - ." ~ . .., , . .....~ ~ .. . \:l '" 0 ! 2 < ~ r; . ~ .... ~ ! < " - ; , ~ ' : .. '.3 If ." ~ '" . - ;; ..... .. ." , j ~ ~ ,~ 0 , -'<il)" L 0 .. j .. ;; ; . i ... . , ... ::II :: ..., ~j .~ \T. -- '-", \1'1 1 , i i H . ,"::"" r- . .. ! i i ! I , , I I I I I , I i i j I I i j ! I I I I I I j j Exhibit A . , 't I' -. ... ~ ppt/stephen,int/March 15, 1996 DEFINITIONS The following definitions shall apply to these Interrogatories and all other discovery material in this case: 1. "Plaintiff" or "Plaintiffs" refers to all named Plaintiffs herein, their employees, agents, attorneys, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of Plaintiffs, 2. "Defendant" shall mean the answering Defendant, its predecessors or successors in interest, employees, agents, attorneys, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of said Defendant. 3. "Documer.t" shall mean all written or printed matter of any kind, whether or not prepared by you or by or on your behalf, and including without limitation letters, correspondence, memoranda, notes, plans, blueprints, sketches, drawings, tables, speeches, press releases, diaries, calendars, agenda, statistics, letters, telegrams, minutes, contracts, purchase orders, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, interoffice and intraoffice communications, - 2 - - ppt/stcphen,int/March 15, 1996 offers, bulletins, printed matter, computer printouts, teletypes, telefax, invoices, work sheets, work papers, records of telephone calls or othsr communications or conversations, and all drafts, alterations, modifications, changes or amendments of any of the foregoing, graphic or aural records or representations of any kind, including but not limited to, photographs, charts, graphs, microfiche, microfilm, video tapes, recordings, and motion pictures, and electric or mechanical records or representations of any kind, including but not limited to, tapes, cassettes, discs, and recordings. 4. "Communication" shall mean any oral or written statement conveyed by one person or entity to another person or entity, any statement made by one person in the presence of one or more persons, and any document delivered by or for one person or entity to any other person or entity. 5. "Or" and "and" means "and/or". 6. "Identify" (or "identity"), when used in connection with the words "document", "communication", "act or transaction," "person or individual", "entity", shall be read to call for the following information: - 3 - . ppt/stephen.int/March 15, 1996 (a) When used in connection with a document, (1) the title of the document, (2) its date, (3) the nature and substance of the document with sufficient particularity so as to enable such document to be precisely identified, (4) the identity of the person authorizing or executing the document, (5) the identity of the person to whom the document is addressed and, it known, of each person to whom the document was distributed, (6) any file number used on or in connection with th~ document, (7) the present physical location of the original document or legible copy thereof; and (8) the full name, present or last known residence and business address and telephone numbers of the person having possession, custody, or control of each original document or legible copy thereof. (b) When used in connection with a communication, if the communication was in writing, the information in "(a)" above: (1) the date it was made, (2) the place it was made, (3) the identity of each and every person who participated in such conversation, or made such oral communication, (4) a description of what each such person said during the conversation or oral communication, (5) the identity of each and every person who overheard or was present at said conversation or oral communication, (6) the manner of such conversation or oral communication [e.g., whether by telephone, face-tO-face]; and (7) the identity of each - 4 - ppt/stephen,int/March 15, 1996 document relat!ng or referring to such conversation or oral communication. (c) When used in connection with person or individual: (1) his or her full name, (2) his or her present or last known residence and business addresses, (3) his or her present or last known residence and business telephone numbers, (4) his or her present or last known employer, (5) his or her present or last known job title and the job title at the time of the acts subject to Plaintiff's Comp~aint, (6) his or her affiliation at any time with Plaintiff, by employment or otherwise, if any, including the nature and dates of such affiliation. (d) When used in connection with a business entity, its name, type of entity (e.g., corporation, partnership, etc.), principal address and place of organization. 7. "Incident" or "accident" means the occurrence or event that forms the basis of the causes of action or claims for relief set forth in the complaint, and more fully described therein. 8. "You", depending on the context, refers to the answering Defendant., or the agent or servant of said Defendant - 5 - pptjstephen,intjMarch 15, 1996 whose act~on, knowledge, and information are referred to in the Interrogatory. 9. "Person" means any individual, firm, partnership, corporation, association, business or governmental entity or subdivision, agency, department, and any "person" acting by or through, directly or indirectly, any other "person" as well as any "person" by whom such "person" was controlled with respect to the matter in question. II. INSTRUCTIONS 1. In construing these interrogatories, words used in the singular shall include the plural, and words used in the plural shall include the singular number as well. Male, female and neuter terms shall refer to all persons, regardless of gender. 2. Each interrogatory answer is to be set forth separately. When interrogator.ies contain separately numbered or lettered paragraphs, each paragraph should be answered separately. 3. If the responding party encounters any ambiguity in construing an interrogatory, the party shall set forth the matter deemed "ambiguous" and set forth the construction used in its answer. - 6 - pptjstephen.intjMarch 15, 1996 4. If any information is requested by an interrogatory on a calendar basis, and the defendant's or other entity's company fiscal year differs from a calendar year basis, it will be acceptable to so state, identify the fiscal years (with starting date) involved, and supply the information requested on a company fiscal year basis if the information is more readily available in that form. 5. These interrogatories shall be deemed continuing 50 as to require additional answers if further information is obtained from the time the answers are served to the time of trial. 6. If an interrogatory calls for the identity of a document or non-written communication claimed by defendant to be privileged, include in the identification of the document or non- written communication such claim of privilege and the factual predicate and legal basis for the assertion of such claim. 7. Should it be more convenient to produce copies of relevant documents instead of "identifying" them, as per Definition 6 (a) -(d), when that is requested, the answering party may produce true and correct copies of any such documents, including drafts and other variations therefrom, if that party identifies to which - 7 - . ppt/stephen,int/March 15, 1996 interrogatories each document is responsive. However, if any of the information about such document requested in Definition 6 (a) through (d) is not apparent from its face, the answE\ring party shall supply this infol-mation in addition to the supplied document. In addition, if the answering party attempts to produce documents in lieu of a written answer, such answering party shall still be required to identify the documents in question by describing the type of document (e.g" "invoice", "contract", "accounts receivable ledger", etc.) and the nature of its contents. Upon such identification and production, plaintiff will waive the remaining requirements of Definition 6 (a) through (d), sUbject to the above state reservation, 8. To the extent that the interrogatories are repetitive and fully answered elsewhere, they need not be answered twice, if a cross-reference to the appropriate answer, or subpart of an answer, if applicable, is given. Additionally, if the defendant incorporates an answer previously given, the defendant shall specifically indicate that part of its previous answer which is responsive to the specific interrogat.ory and its subparts herein. 9, with regard to your answers to Interrogatories, in answering the same, state: - 8 - - . ppt/stephen.int/March 15, 1996 a. The name, address and affiliation with the defendant of each of the persons who were consulted in answering the question. b. Identify each and every document relied upon in answering the question, c. Identify each and every document examined the answering the question, d. Provide the name and address of every person whom you believe may have additional information to the question. e. Identify each and every document you believe may have additional information relevant to the question; and f. Provide the name and address of the person or persons of whom you are aware who are prepared to swear to the accuracy and completeness of the answer given to the question. 10. Provide the name and addt'ess of any person or persons of whom you are aware who disagree with any part of the answer given to the question or to its completeness or to the choice of words or phrases used, 11. Each interrogatory shall be answered fully and completely unless objected to, in which event the reasons for the objection shall be stated in lieu of an answer, The statement of - 9 - . . j I i j I I J I I I I I I I j I J I 1 i I Exhibit B '.~ > , ip , I I" I / ' ppt/stephen,rpd/March 15, 1996 INSTRUCTIONS 1. With respect to each of the following requests, identify and/or produce all documents which are known to you or which can be located, accessed, discovered, or obtained by you, your employees, representative5, agents, insurers, attorneys, accountants, or other persons acting on your behalf through reasonable effort by you, your employees, representatives, agents, insurers, attorneys, accountants, or other persons acting on your behalf . 2. The following requests shall be deemed to be continuing so as to require further and supplemental production of documents by you in accordance with Rule 4007.4 of the Pennsylvania Rules of civil Procedu~e. 3. If any documents requested herein no longer exist, have been lost or destroyed, or are otherwise unavailable to be produced at this time, provide in lieu of a true and correct copy thereof a list of each such document, together with the following information: (1) the date of origin; (2) a brief description of such document; (3) the author of such document; (4) the approximate date upon which the document became unavailable to be produced; and (5) the reasons why the document is unavailable to be produced. 4. All documents requested shall be fully and completely produced unless objected to, in which event the reasons for the - 2 - ppt/stephen.rpd/March 15, 1996 obj ection shall be set forth and all documents not subj ect to sa id objection shall be produced, 5. In the event you refuse to produce most or all of any document or documents requested on the grounds of any claimed privilege from discovery, state with particularity each ground for such claimed privilege, describe such document withheld by date, author, recipients (including all persons who were shown or received a copy), give a general description of the subject matter of such document, and produce all portions of such document or documents that are not subject to such privilege. 6. In the event that more than one copy of a document exists, the original shall be produced, as well as every copy on which appears any n~tation or marking of any sort not appearing on the original. 7. For any documents which are stored or maintained in files in the normal course of business, such documents shall be produced in such files, or in such a manner as to preserve and indicate the file from which such documents were taken. 1. "Yault DEFINITIONS and/or "your" shall mean the as its agents, attorneys, answering employees, Defendant, as well - 3 - ppt/stephen.rpd/March 15, 1990 accountants, consultants, independent contractors, insurer, and any other individual or entity associated with or affiliated with Defendant or purporting to act on Defendant's behalf, 2. "Plaintiff" or "Plaintiffs" refers to all named Plaintiffs herein, their employees, agents, attorneys, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of Plaintiffs. 3. "Defendant" shall mean the answering Defendant, its predecessors or successors in interest, employees, agents, attorneys, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of said Defendant, 4. "Document" shall mean all written or printed matter of any kind, whether or. not prepared by you or by or on your behalf, and including without limitation letters, correspondence, memoranda, notes, plans, blueprints, sketches, drawings, tables, speeches, press releases, diaries, calendars, agenda, statistics, letters, telegrams, minutes, contracts, purchase orders, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, interoffice and intraoffice communications, offers, bulletins, printed matter, computer printouts, teletypes, telefax, invoices, work sheets, work papers, records of telephone calls or other communications or conversations, and all drafts, - 4 - ppt/stephen,rpd/March 15, 1996 alterations, modifications, changes or amendments of any of the foregoing, graphic or aural records or representations of any kind, including but not limited to, photographs, charts, graphs, microfiche, microfilm, video tapes, recordings, and motion pictures, and electric or mechanical records or representations of any kind, including but not limited to, tapes, cassettes, discs, and recordings. 5. "Relating to" includes pertaining to, involving, concerning, recording, evidencing, containing, setting forth, reflecting, showing, disclosing, describing, explaining, summarizing, or referring to, either directly or indirectly, in any manner whatsoever. 6. The conjunctions "and" and "or" shall be interpreted to mean "and/or" and shall not be interpreted to exclude any information otherwise within the scope of any request. 7. "Person" shall mean any individual, firm, partnership, corporation, association, business or governmental entity or subdivision, agency, department, and any "person" acting by or through, directly or indirectly, any other "person" as well as any "person" by whom such "person" was controlled with respect to the matter in question, - 5 - . . ppt/stephen.rpd/March 15, 1996 8, "Prepared" shall include written, drafted, created, commenced, or formed, in whole or in part, whether completed or uncompleted, DOCUHEH'l'S TO BE PRODUCED 1. All documents relating to statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to, or describing any of the facts or events described in the pleadings. 2. All expert opinions, reports, summaries, or other writing relating to the subject matter of this litigation and all documents relied upon or utilized in the formulation of each said expert opinion, report, summary, or other such writing, and the full and complete resume or curriculum vitae of each said expert. 3. All documents identified in, or utilized in the preparation of, your Answers to all Interrogatories propounded upon you. 4. All photographs, drawings, motion pictures, videotapes, graphic representations, and similar documents relating to any matter at iasue in this case, - 6 - ~.. -' I LJ i , UI'. /;.. , 1 \:-:' " (it ~ (-l I" , .1 . , l> , -- 1-: , lL ) U '. C'... 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