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HomeMy WebLinkAbout97-03701 IA ~ . '< ~ .() .f: It tJ '- ~ :i ~ ~ tJ - ~ , , , \ ", -". .'....... U ""t'S "- ~ ~ - ... () -2 ',- - :;) - - CJ - (;) C"- rt) . , t-- ~ Name: COZEN & O'CONNOR Send Conl1rmatlon Report ID: 215 665 2013 02 Jun 99 1:34PM Page Job Start Tlme Usage Phone Number or ID Type Pages Mode 21 2 EC144 Completed Status 722 61 2 1:34PM 0'36' 1139N94494NON9173242 Send 41665# Total 0'36' Pages Sent: 2 Pages Prlnted: 0 Con.....DO.CO"..O. ,...-- .---,.",~, _'Ilt,_JrIl'-'1"......1I 1'....; IlM.twnlC M""II ."1,; I.u. 2, I'l'N Ow FiltS-~ W..k1nlt UlIt FlIr SwnhtT: 6H904 n_...ptrN..:111J "'''l''Sl.\(TU: R,r,P1""'~I~_ j=;~-""<s'---:J"'~_~~J t..~S,l..,..!Iq. _ 7J1..G4.100I. iTl~166.!1i ___] 1'\iU.tlIERO, PAforS, L"-C..'ll'DISC l'RA.'-'i\llTfAl SlIKIIT: ~.....' 'I'F 'VeM! lKJ NOT RtCJ.:IH: AU. rAGF..Ci. PU!.ASl CAll (215)~" VI' {IOCI)!2}. BOO Mnmr,un. V' nm TRASS\tJ.'i.\luS; IS ALSO aUSG Sl.'1' REGt.1.A. R MAlL 15 A150 BfJSG M:.VI' CDl:1UUD MAll RlR - -x- IS NOT ftlJ:ro.C; S!.VI' IV MAU.lOO.ESS RIQI:F.nw lS AI."iO 8U.~G llA."m DEU\'DlD) IS .uSOIlL-<<;~70\[JL'lGmM.\IL IS..u.M)J.EI.'IIG5i:!\1' nDERAL~"'i ImIcr 1..."'Io'.....,..........,*"f4..'''''''.._I-..on'"IlI'~_conl....'lIooIIl..'"''....s..lIO'cn..._ G'",."""""d..........llI'1".-..dIOO..llt..,_".#'I.........IoJO'.""I""~__ t...,....,.,.........'''lItI'-l'lhlI.....(;~oon.~...~.I_OIIhtt COI'N'rVIIC.llO<l'"MhCtlwll~w If'...-..I_.....'_....,""'-...........01_.._.plM.. rM~ hi 1."___ to \1111'I,............ ~nl b. .....,' w..... ,-.._ \'<IlJ '" ""''- In ICI.lItlOI\. .1 '"~ rOl"lmo.l'lle.toc><'I .... -..t ., tt. u s pIN.. N>t~t ... ........H...' '" p/'IMl"G U1SI......1OOO...(.OOI U).2000...:l.1U\1 ""!l"oe'''c.-,,, ,-- 4. On August 20, 1998, Defendant served Plaintiff with a narrowly tailored set of fifteen interrogatories and eleven requests for production of documents. (Copies attached hereto as Exhibits C and D. respectively). 5. On September 30. 1998, the undersigned wrote to Plaintiffs counsel. advising that Plaintiffs responses were overdue. and asking when Plaintiff would provide its responses. (Letter of Richard C. Mason. Esq. to Lawrence W. Coven. Esq., dated September 30. 1998, Exh. E hereto). 6. On October 13, 1998, the undersigned spoke with Plaintiffs counsel by telephone, concerning Plaintiffs overdue responses to Defendant's discovery requests. Plaintiffs counsel Richard Walsh. Esq. advised the undersigned that he could not locate his copy of Defendant's discovery requests. 7. On October 14, 1998. the undersigned forwarded to Plaintiffs counsel a second set of copies of Defendant's original discovery requests, and again requested timely compliance therewith. (Letter of October 14. 1998 from Richard C. Mason. Esquire to Richard A. Walsh. Esq., Exh. F hereto). 8. On November 16. 1998. Defendant again wrote to Plaintiffs counsel, requesting compliance with Defendant's discovery requests. (Letter of Richard C. Mason, Esquire to Lawrence Coven, Esq.. dated November 16. 1998. Exh. G hereto). 9, On December 9, 1998. Defendant moved; pursuant to Pa.R.Civ.P. 4019(a)(1). to request an Order compelling Plaintiff to respond to Defendant's discovery requests. Plaintiff did not oppose this motion. - 2 - 10. On December 14. 1998. this Court ordered that "plaintiff is directed to provide responses to Defendant Fluor Daniel GTI's Interrogatories and Request for Production of Documents within twenty (20) days of the date of service of this Order. or in default thereof suffer the imposition of appropriate sanctions upon further application to this Court." (Order of the Court. dated December 14, 1998, Exh. H, hereto). 11. Defendant served the foregoing Order on Plaintiffs Counsel, on December 21, 1998, (Letter of Richard C. Mason. Esq. to Lawrence Coven, Esq.. with return receipt dated December 21. 1998. Exh. I hereto). 12, The Court's Order required compliance by January 11. 1999. As of the date of this Petition. Plaintiff has provided Defendant no discovery responses or objections whatsoever. 13. Plaintiffs responses to Defendant's discovery requests are now four months overdue. 14. Plaintiff has violated this Court's Order compelling discovery. 15. Plaintiff has ignored five separate requests from Defendant seeking Plaintiffs compliance with Defendant's discovery requests. 16. Plaintiffs persistent refusal to respond to Defendant's discovery requests has substantially prejudiced Defendant. Specifically, Defendant's first. second and third affirmative defenses. which concern the formation of the alleged contract, and performance thereunder. have been compromised by Plaintiffs persistent stonewalling. Plaintiff has prevented Defendants from discovering facts pertinent to its defenses. and the delay has permitted witnesses' memories to fade. - 3 ' 17. The undersigned has performed legal work relating to obtaining compliance with Defendant's discovery requests. which has consumed six hours of time at a billable rate of $100 per hour. 18. Accordingly. Plaintiffs persistent and protracted stonewalling. its disregard of Defendant's repeated requests for discovery. its violation of this Court's December 14. 1998 Order. and the resulting prejudice to Defendant, justifies imposition of sanctions. pursuant to Pa. R. Civ. P. 4019(c). 19. Pursuant to Rule 4019(c). Defendant respectfully requests that this Court sanction Plaintiff by: (A) entering a judgment of non pros against the Plaintiff; or. in the alternative; (8) entering an Order (1) requiring that Plaintiff respond in full to Defendant's discovery requests within 20 days of service of this Order upon Plaintiff or suffer a judgment of non pros at the expiration of the aforesaid 20 days, (2) precluding Plaintiff from interposing any objections to Defendant's discovery requests, other than those of attorney-client and work product privilege. and (3) ,4, WORLDWIDE TELECOMMUNICATIONS,INC" PlaintilT, FLUOR DANIEL GTI. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3701 CIVIL ACTION - LAW JURY TRIAL DEMANDED v, Dcfcndant. PLAINTIFF'S COMPLAINT FOR DAMAGES Comes now thc PlaintilThcrcin, WORLDWIDE TELECOMMUNICATIONS, INC, (hereinafter rcferred to as "Worldwidc" or "thc Plaintifl"), by counsel and its complaint against Fluor Daniel GTI, hcrein allcgcs that: COUNT I: BREACH OF INTERSTATE CONTRACT JURISDICTION AND VENUE I, W orldwidc is a Corporation incorporatcd undcr thc laws of the State of Pennsylvania and has its principal placc of business locatcd in thc town of Enol a in the State of Pennsylvania. 2, Fluor Danicl GTI is a Corporation which has its principal place ofbusincss locatcd in the City of Norwood, in the State ofMassachusells, 3. The parties hcrcto cntcred into a contract datcd Novcmber 20, 1996 (Scc Exhibit "A"), which rccitcs that it was to be govcrned by thc laws ofPcnnsylvania, 4, Worldwidc was to pcrform its obligations undcr thc contract entircly within thc State of Pcnnsylvania, 5, Paymcnt on thc contract was to bc madc to Worldwidc locatcd in Cumbcrland County, Pcnnsylvania 6, Fluor Daniel GTI agrecd to a Pcnnsylvania vcnuc in thc cvcnt cithcr party ncedcd to rcsort to a Civil Court for cnforccmcnt. THE PARTIES 7. Worldwidc is an indcpcndcnt consultant who makcs a business of analyzing a clicnt's communications cxpcnscs \vith a vicw towards finding ncw or similar communications services from the same or another carricr at a lower rate, 8, After a considerable investment of time and capital, Worldwide has developed computer programs, a tariff database, industry contacts and other facilities and assets to ensure that it can scrve its clients with efficiency and thoroughness, 9. To recover these expenses, it claims a proprietary interest in these assets and in the data it provides its client. STATEMENT OF TIlE CASE 10, On November 20, 1996, Worldwide and Fluor Daniel GTI entered into a contract, a true copy of which is attached hereto as Exhibit" A" and incorporated by reference. I I. Several months prior to Novembcr 20, 1996, Worldwide and Fluor Daniel GTI had been communicating with each other in reference to the services which were eventually provided pursuant to the November 20, 1996 contract. 12, During the months before it signed, Fluor Daniel GTI ample opportunity to request or negotiate changes in the contract; changes in the service Worldwide proposed; and changes in the fee Worldwide would expect under the contract. Fluor Daniel GTI asked for no changes in the writing attached hereto. 13. The written agreement between the parties required that for the first twelve (12) months after obtaining savings as a result of Worldwide's work, Fluor Daniel GTI would pay Worldwide 50% of any reduction in long distance expenses Fluor Daniel GTI realized as a result of Worldwide's work. 14, W orldwidc performed as agreed, proving Fluor Daniel GTI with copious data on available long distance rates and rccommending a long distance program that would save Fluor Daniel GTI approximately $30,000,00, per month over its then-current long distance plan, 15, Fluor Daniel GTI has utilized Worldwide's' recommendations, for its own benefit and implemented Worldwide's ideas without paying Worldwide any fee. in violation of the agreement between Fluor Daniel GTl and Worldwide, 16, Fluor Daniel GTI has damaged Worldwide to the extent of approximately $180,000,00 which amount exceeds the jurisdictional limit above which cases are ineligible to be heard by a panel of arbitrators, 17. Worldwide has incurred and will incur Court costs and legal costs in the bringing of this action and requests that the same be added to the amount being sued for herein, WHEREFORE Worldwide prays that: A. Judgment be entered against Fluor Daniel GTl for approximately $180,000.00 plus attorney fces plus any additional amounts proven at trial. B. Plaintiff have such other, further or different reliefas the law may allow and the Court deelllS just and proper. Respectfully submitted, The Law Offices of Lawrence S. Coven . fJw-- 'AW CE S. C VEN, ESQ. Attorney for Plaintiff 314 U.S. Highway 22 West, Suite E Green Brook, New Jersey 08812 (732) 424 - 1000 Attorney 10 No. 63387 DATED: July 20, 1998 WOrldwldl TlllcommunlCltlonl, Incorpol'lted 212 WUl alup"ln IStrtl1 Eno'l, PA 1702S Our Worldwldl TlllcommunlCllIonl: Gua,.:nlfJ.d Savina. .. CorUlngenr:.v On.\' Can.uhlnn ,... Aq~'lt We hlrlby 'ppolnl you to .udlt our local .nd long d"lIncI tIIl,communlcatlonl vlndor tnvolclI In ordlr lor YOU 10 m.kl COl' I.vlngl rtCommendlllonl to OUr flnn. h Is agreed you Will .n'lyze Our e.penso. In their en1l1lly and rcsurch in datall till Fedlral Communication I CommllSlon loee' .nd long distance clrrier tariffs 01 our local phone COmplny and (horelev.nllong dlltlnce c~lITleB, Ill. lallled you Will prOVide us wllh prelimlnery Ilnd/ngs Ind tater I delellld reselrcl1 "'r,M orrering Iho broadesl Ind mo.t comprehensive range 01 telocomrnunlcaUons S1vlng. end raIl llcommendlllon. posclbl, UUllzlno our cholcl of larll(s. carrioB. specie I IlIow.ncu. rabelos. relunds 'nd CIllt rtductJona. 1111 underElood Ind lorud thlt you will be wortllng on I IItlCt nO-fllk COntlll1llncy ,.. bllll Ind that your conEulllng lee will be on hl'f 01 Ih, monthly IIvlngl we ICCru, Irom thl recommlndltlonl In your reporte 101 I perIod alone YClllrom the dill 0' ImpltmenlaUon, Mer the n~ twllve months. 100% of Iha long lerm savl"9s Ire ours to kelP, Since Elvlng! I'" gUI..meed by you to OCCur. If Ihlrt 1111 no livIng. rtellnd by us, there II t<<l lee dUt! to you. Onl.1Ime relunds of Plill tlrtlf overbWlngs Will tle shlred on I 50/5<1 blsis upon collection, Your ongOing larll1 monhorlna servla! and bUl Iud lUng Will ~ provided to ua 1\ no addillonal cost, COil IIvtngl will be <<Icullted Irom the obJ'ctlvl "'ndln! 01 Our curranl co,ta atlhl time of ludtl Iccordlng to thl lollowlng 'ormul..: _0 \) COlt Reduction Illvlng~ f;umpll: .22 cents current COlt par minute. .09 cems new Call par mtnutl. ,13 cents par mlnut,grall laving I . 13 cents per minute aroll living I II 8.000 mlnutll of cllllng 1&t monlh . .,o.tO One~onth NVln,,1 S1040xSO% .. 1520 dUI monlh one. Rerund 'Savina. I=I'.mDI.~ S1500 refund check to you II .50. $750 ..vlngl/ollt llmt ,... Mer your work Is performed. tartff recommendsllons Ihll we ImplcmanllfO presumed to be dUI 10 your wtJft.. Therelore. It Is agroed that any recommendllion In your reports thll M ImlMment II dllmed KCllpted Ind we wilt not utillzc Ihe recommendalions In your reports durino Ihl larm wilhout Plymlnt of your I.. Ind notificatIon 10 you These non,clrcumvenllon provisions alll Inlegrlllo this Igreemenl Ind 111111 be elfeetive for II two YOlr period Iner Ihe delivery of your findings. Lastly. it Is agreed Ind understood Ihlll"Is mnlrlct Is govemld by Ihl GII\e of P'nnSylvlnla Ind Iny Ictlon commencing hereundll ShIll be bro~hl In Ihe county 01 Cumbertand, Furthlrmore. we rtprllHnt thll Ihl person signing Is aulhortze<l 10 englge your .ervIClls. We hereby IclnowIedge receipt 01 I COpy or Ihls _greement. and II we breach Ihls contract. we will p.y III rusonable murt Ind legll costs you Incur due 10 IUCh breach. Acclpled by: Name:. )('>{'<"!"\ Q \r..'\ \', ~~~~d on behllf of \='\~ '\'\c.~\Q \ G 1::1.. :::::~::Jd~ "."'\:~~~.\"i- Addran: , 0 1(;:,0 0".,",,[' f.L;~'\S \::I( _ furv-><:>od. N.o.. '0'1 )b(j Slgne Oltl EXHIBIT "A" WORLDWIDE TELECOMMUNICATIONS.INC,. Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3701 CIVIL ACTION - LAW JURY TRIAL DEMANDED v. FLUOR DANIEL GTl. Defendant. CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, he served a copy of the foregoing complaint on the following individual at the address indicated by Airborne Express Over-night Mail. Richard C. Mason, Esq, COZEN & O'CONNOR The Atrium 1900 Market Street Philadelphia, PA 19103 . oven J\WRENCE S. COVE, Q. Attorney for Plaintiff 314 U.S. Highway 22 West, Suite E Grccn Brook, New Jersey 08812 (732) 424 - 1000 Attorney ID No. 63387 DATED: July 20,1998 Worldwide Telecommunlcltlonl, Incorpo~d 2\2 W..t Dauphin Street Enola, PA 17025 Guaf.Jnte.d aavlnD. . Conllnl)lncY Only Cnn.uhlnn Fee Ao....",.'-t Our Worldwlda relecommunlcltlonl: Wo heraby Ippolnt you to ludll our local Ind lona dlltancll hlacommunlcatlonl "andor Involc.. In order for you to mike COlt ..vlnae ACOmmendetlonl to Our linn. It Is aareed you will Inalyze our expensos In Ihelr enl1'aly and ",selrch in delell tllO Foderal CommuntcaUonl CommlJSlon 10ClI1 Ind long distance carri.r lo'1IIs of our local phone COmplny ond Iho relevlnllong distance camors, Ills Igreed you will p,ovlde us wllh prollmlnory fln<.lings and loler I detllled 11Ioearch report Olloring Iho broadosl and mosl comprehensive langc of tetocommunlcallons saVIngs and lite recammend.Uon, PDcclble utilizing our cholcl 01 torllls. carriers, S".,clal IlIoWlnOts, lebatas, refund. Ind COil rtduClJonl. It II understood Ind Igreld thaI you will btI wOltllna on . IlIfct no-fllk contIngency r.. bllll .nd tllat your conSUlting r.e will ba on hllf ofllle monthly livIng I w. .ccrue flom the fuommlndaUone In YOUI leports for a pellod or one yeel rrom Ihe date of Impl.mentatlon. Mer lha first twelve montha. 100% of Ihe long telm SaVings .rc ours to keep. Since cavlngs arn gUlranteed by you to Occur. If tMre Ire no ""Ingl reallnd by us, thall I. fiO. fee due to you. On..Urna refunds of PI!It tartlf ovarbllllllQS will be shared on I 50/SO blSis upon coUedlon, Your oogolng larlll rnonltoriog le~ Ind bUl ludltlng will be prov1ded 10 us II no additional cost, COlt IIvlnal will be calculated flom llltI obJlctlve I1and<<rt1 or our current COlla It llltI time of ludlt accoldlng to thl follOwing fonnulll: -I) I) COlt Reduction IIIv1nM !:;U"1pl..: .22 cenls cum,"1 Call fl9r minute. .09 cents n.w colt fl9rmlnut. . .t3 cenls per minute IIIVII ""Inll' .13 cenlS per mlnuta 111011 IIvlngl x 8.000 mlnutll of calling 1st month. 11040 OIMo/llonth lavlngl SI0~OxSO%", 1520 due month ana, Rerund 'Savlngl "nmp'" $1500 refund check to you It .50. $750 lavlngllollt time rH. ARer your wolk Is pcriormed. tariff mcornrnandallons Ihlt we Implemonl Iftl presumed 10 be dUI to your work. The'erore, It Is agleed thaI any recommendlllon In YOIIr reports thlt wt Implement II dlelMd tcceplld Ind we will not utilize the recommendltions In YOllr repori5 during lhl tel111 without plymlnl of your fll Ind nolll1clUon 10 you. These non,circumvenllon provisions ara Integral 10 this Igreemenl Ind shill be elfeclive fOI a lwo yelr period Iller the delivery of your findings. Laslly. it Is agreed Ind underslood lhll this mnlract Is 1I0vernld by the Gtate of "ennsylvanla Ind Iny Il;1lon commencing he,eunder shall be brought In the county or Cumbertand. Furtharmol1l, W1l repflllent thlt tha person signing Is authorized 10 engage your servlcos. We hereby Id:now1edga racalpt 01 I COpy 01 this ~greement. ond If we breech Ihls contrad. we will pay IUleuonable coult Ind leg II costs you Incur dua to IUc/1 breach. ACClpted by: Name: . )C'('o(:.-\ Q \fy;: V, ~(I~~~ Olte "C(., ;~~~donbtllllIfOf ~\\.)C{\ \:\v,,,,,Q.\ G1::I. Contact Nlr\'\ ''''f'~ C\v.\..k Tltl"\~,~C) .~\C'. \ \ '::, i- Slgnalure:~~~ Addl'l":~ Q".HC' \~;lo~ \)( , \) foruJooci No-. '01. '1bO EXHIBIT "A" 2. Defendant GTI admits the allegations contained in paragraph 2 of Plaintiffs Complaint. 3. Defendant GTI denies the allegations contained in paragraph 3 of Plaintiffs Complaint. 4. Defendant GTI denies the allegations contained in paragraph 4 of Plaintiffs Complaint. 5. Defendant GTI denies the allegations contained in paragraph 5 of Plaintiffs Complaint. 6. Defendant GTI denies the allegations contained in paragraph 6 of Plaintiffs Complaint. THE PARTIES 7. Defendant GTI, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 7 of Plaintiffs Complaint. 8. Defendant GTI. after reasonable investigation. is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 8 of Plaintiffs Complaint. 9. Defendant GTI. after reasonable investigation. is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 9 of Plaintiffs Complaint. - 2 - STATEMENT OF THE CASE 10. Defendant GTI denies the allegations contained in paragraph 10 of Plaintiffs Complaint. 11. Defendant GTI denies the allegations contained in paragraph 11 of Plaintiffs Complaint. 12. Defendant GTI denies the allegations contained in paragraph 12 of Plaintiffs Complaint. 13. Defendant GTI denies the allegations contained in paragraph 13 of Plaintiffs Complaint. 14. Defendant GTI denies the allegations contained in paragraph 14 of Plaintiffs Complaint. 15. Defendant GTI denies the allegations contained in paragraph 15 of Plaintiffs Complaint. 16. Defendant GTI denies the allegations contained in paragraph 16 of Plaintiffs Complaint. 17. Defendant GTI denies the allegations contained in paragraph 17 of Plaintiffs Complaint. WHEREFORE. defendant GTI demands judgment against plaintiff, including costs and attorney's fees, and such other relief as this court deems just and proper. - 3 - NEW MATTER FIRST AFFIRMATIVE DEFENSE Defendant GTI never entered into a contract with plaintiff. SECOND AFFIRMATIVE DEFENSE If there was a contract. which defendant denies. plaintiff breached the contract by failing to perform pursuant to the terms of the contract. THIRD AFFIRMATIVE DEFENSE To the extent any assent was given by any GTI employee with respect to the alleged contract, which GTI denies. plaintiff fraudulently induced such assent. Specifically, any assent given by an employee of GTI was fraudulently induced by false or misleading statements contained in promotional literature authored by Robert Schaner and distributed by WTC in August 1996. warranting. among other things. that Worldwide has "retained leading experts in regulatory and tariff analysis," that Worldwide "GUARANTEES your firm will have the lowest dollar prices for all the telecommunications services you buy." and that Worldwide would provide GTI with a report tailored to the specific requirements and needs of GTI. FOURTH AFFIRMATIVE DEFENSE If there was a contract. which defendant denies. the contract is void as against the public policy of the Commonwealths of Pennsylvania and Massachusetts. .4. CERTIFICATION I, Richard C. Mason. attorney for defendant. Fluor Daniel GTI. hereby certify that I am duly authorized to make this certification; that on the /7hJay of August. 1998 I did cause a true and correct copy of Answer of Defendant to Plaintiffs ~(~~ Complaint to be mailed by LJ..S.-fil"t.d ,,~.lo counsel for the plaintiff which was addressed as follows: Lawrence S. Coven. Esq. 314 U.S. Highway 22 West Suite E Greenbrook, NJ 08812 COZEN AND O'CONNOR By: R~::;UN. I::S~UIRE Q,IOEFENSEI644941 11381PLEIPAF1473,WS 1 Exhibit C . ~' BY: RICHARD C. MASON, ESQUIRE ATTORNEY lOti 62307 COZEN AND O'CONNOR THE ATRIUM - FOURTH FLOOR 1900 MARKET STREET PHILADELPHIA. PA 19103 (215) 665-2000 COUNSEL FOR DEFENDANT FLUOR DANIEL, GTI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORLDWIDE TELECOMMUNICATIONS Plaintiff v. NO. 97-3701 FLUOR DANIEL GTI Defendant DEFENDANT FLUOR DANIEL GTI'S FIRST SET OF INTERROGATORIES ADDRESSED TO PLAINTIFF PLEASE TAKE NOTICE that defendant Fluor Daniel GTI ("GTI") hereby requests that Plaintiff answer the following interrogatories in writing and under oath within the time and under the procedures set forth in the Pennsylvania Rules of Court. INSTRUCTIONS 1. In responding to these Interrogatories. you are required to obtain and fumish all information available to you and any of your officers, directors. employees, agents, brokers, representatives. subsidiaries, affiliates, attorneys. accountants or any other person acting or purporting to act on your behalf or under your direction or control. 2. Each Interrogatory which seeks information relating in any way to communications to. from, or within a business and/or a corporate entity. is hereby designated to demand, and should be construed to include, all communications by and between representative. employees, agents, brokers and/or servants of the business and/or the corporate entity. 3. If any requested information cannot be provided in full, after exercising due diligence to secure the information necessary to provide a complete answer, so state. and answer each Interrogatory, or subpart thereof, to the fullest extent possible. Specify the extent of your knowledge and inability to answer the remainder. and set forth whatever information or knowledge you have concerning the unanswered portions and the efforts you made to obtain the requested information. 4. Whenever an objection is made to a portion or subpart of an Interrogatory, an answer shall be furnished for all other portions or subparts of the Interrogatory as to which there is no objection. 5. Wherever in these Interrogatories you are asked to identify a document. you shall state: a. the type of document (Le.. letter, interoffice memorandum. report, etc.); b. the date of the document; - 2 - c. the author(s), addressee(s), and all other persons who received copies of the document; d. the general subject mailer of the document; e. the title or heading of the document. and other similar. appropriate identifying information; and f. the document number, if applicable. 6. Wherever in these Interrogatories you are asked to identify a person, you shall state: a. the person's name; b. the person's present or last known business address; c. the person's present or last known residential address; d. the person's present or last known occupation; e. the person's present or last known employer; f. the person's occupation at the time of the event inquired about in these Interrogatories; and g. the person's last known business and residential telephone number. 7. If you claim that any information responsive to an Interrogatory is privileged or otherwise non-discoverable, state fully; a. the reason for withholding the information. including the nature of the privilege or other bases of non-discoverability (including work product) that is being claimed and the privilege rule being invoked; - 3 - b. the factual basis for asserting the privilege or withholding the information; c. the general subject matter of the information; and d. the source of the information and identify the person or document. whichever is applicable. 8. If any document that contained information responsive to an Interrogatory is known to have existed but cannot now be located, or has been destroyed or discarded. then identify each such document and set forth: a. the last known custodian; b. whether the document is missing. lost. destroyed or discarded; c. the date of loss, destruction or discard; d. the manner of destruction or discard; e. the reasons for destruction or discard; f. the identity of persons authorizing or carrying out such destruction or discard; g. the efforts made to locate lost or misplaced documents; and h. the identity of all persons with knowledge of the documents and their contents. 9. Separate answers should be provided to each Interrogatory or part thereof. 10. The following rules of construction apply to these Interrogatories; a. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the - 4 - scope of the Interrogatory all answers that might otherwise be construed to be outside of its scope. b. The terms "all", "any" and "each" shall mean "any and all" and/or "each and every", to make the Interrogatory inclusive rather than exclusive. c. Reference to the singular of any word shall include the plural. and vice versa. d. All verbs shall be construed to include all tenses. DEFINITIONS 1. "Communication" shall mean the transmittal of information in the form of facts, ideas, inquiries or otherwise. 2. "Concerning" shall mean relating to, referring to, describing, evidencing or constituting. 3. "Document" or "documents" means and includes, without limitation. any and all printed, recorded, written, graphical, electronic or photographic matter whatsoever, including tape recordings. computer input or output, and any other data compilations from which information can be obtained, and all things similar to any of the foregoing. regardless of its author or origin. 4. "Plaintiff," "Worldwide Telecommunications. Inc.," "Worldwide," or "you," shall mean the plaintiff, Worldwide Telecommunications, Inc., its officers, directors. employees. agents, attorneys, representatives. subsidiaries. affiliates, accountants or - 5 - any other person acting, or purporting to act, on your behalf or under your direction or control. - 6 - 9. State whether, in connection with any customer of Worldwide that signed or otherwise executed a writing substantially in the form of that allached as Exhibit "A" to your complaint, you provided written recommendations that did not include "switching to alternative discount and service plans," or language substantially to that effect. If your answer is anything other than an unqualified "no," identify each customer of yours to whom you provided a report that did not recommend switching to alternative carrier discount and service plans, and allach to your answers a copy of such report or reports. 10. State all facts supporting your claim that GTI has damaged Worldwide "(0 the extent of approximately $180,000.00." 11. Identify all persons, including any employee or agent of any long distance carrier, not employed with GTI, with whom you have communicated with respect to the subject matter of the Complaint, Exhibit "A" to the Complaint, or any negotiations, services or performance on behalf of GTI. 12. Identify the date on which you and GTI reached the final agreement that you allege GTI has breached. Identify any and all documentation, or other evidence, pertaining to the date on which such final agreement was reached. - 9 - II . BY: RICHARD C. MASON. ESQUIRE ATTORNEY 1011 62307 COZEN AND O'CONNOR THE ATRIUM - FOURTH FLOOR 1900 MARKET STREET PHILADELPHIA. PA 19103 (215) 665-2000 COUNSEL FOR DEFENDANT FLUOR DANIEL, GTI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORLDWIDE TELECOMMUNICATIONS Plaintiff v. NO. 97-3701 FLUOR DANIEL GTI Defendant CERTIFICATE OF SERVICE I, Richard C. Mason, hereby certify that on August 20. 1998 I caused a copy of the foregoing Interrogatories and Request for Production Addressed to Plaintiff to be served by U.S. mail. postage prepaid. on the attorney for plaintiff. On October 16, 1998. I re-served same by Certified Mail. return receipt requested. Dated: October 16, 1998 ~- RICHARD C. MASON Q \("11' I"'''' ,,,..11<1,..\#1\..' ", PO/'" w,>, affiliates, atlorneys. accountants or any other person acting or purporting to act on your behalf or under your diroction or control. 2. Each Request for Production which seeks information relating in any way to communications to, from, or within 11 husiness and/or a corporate entity, is hereby designated to demand. and should be construed to include, all communications by and betweon representative, employees. agents, brokers and/or servants of the business and/or the corporate entity. 3. If any roquested Inforrnation cannot be provided in full, after exercising due diligence to secure the information necessary to provide a complete answer, so state, and answer each Interrogatory. or subpart thereof, to the fullest extent possible. Specify tho extent of your knowledge and inability to answer the remainder, and set forth whatever information or knowledge you have concerning the unanswered portions and the efforts you made to obtain the requested information. 4. Whonever an objecllon is made to a portion or subpart of a Request for Producllon, an answor shall be furnished for all other portions or subparts of the Interrogatory as to which thero Is no objection. 5, Whorovor In those Requests for Production you are asked to identify a document. you shall state: o. the type of document (Le.. letter. interoffice memorandum, report. etc.); b. tho date of the document; - 2 - c. the author{s), addressee{s), and all other persons who received copies of the document; d. the general subject matter of the document; e. the title or heading of the document, and other similar, appropriate identifying information; and f. the document number, if applicable. 6. Wherever in these Requests for Production you are asked to identify a person, you shall state: a. the person's name; b. the person's present or last known business address; c. the person's present or last known residential address; d. the person's present or last known occupation; e. the person's present or last known employer; f. the person's occupation at the time of the event inquired about in these Requests for Production; and g. the person's last known business and residential telephone number. 7. If you claim that any information responsive to a Request for Production is privileged or otherwise non-discoverable, state fully: a. the reason for withholding the information, including the nature of the privilege or other bases of non-discoverability (including work product) that is being claimed and the privilege rule being invoked; - 3 - b. tho factual basis for asserting the privilege or withholding the information; c. tho goneral subject mailer of the information; and d, tho source of the information and identify the person or document. whichever is applicable. 8, II any document that contained information responsive to a Request for Producllon Is known to have existed but cannot now be located, or has been dostroyed or discarded, then idenllfy each such document and set forth; a. the last known custodian; b. whether the document is missing, lost, destroyed or discarded: c, the date of loss, destruction or discard; d. the manner of destruction or discard; e. the reasons for destruction or discard; f, the identity of persons authorizing or carrying out such destruction or discard; g. the efforts made to locate lost or misplaced documents; and h. the identity of all persons with knowledge of the documents and their contents. 9. Separate answers should be provided to each Request for Production or part thereof. 10. The following rules of construction apply to these Requests for Production: - 4 - a. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the Interrogatory all answers that might otherwise be construed to be outside of its scope. b. The terms "all", "any" and "each" shall mean "any and all" and/or "each and every", to make the Interrogatory inclusive rather than exclusive. c. Reference to the singular of any word shall include the plural, and vice versa. d. All verbs shall be construed to include all tenses. DEFINITIONS 1. "Communication" shall mean the transmittal of information in the form of facts. ideas. inquiries or otherwise. 2. "Concerning" shall mean relating to, referring to, describing. evidencing or constituting. 3. "Document" or "documents" means and includes, without limitation. any and all printed, recorded, written, graphical. electronic or photographic matter whatsoever. including tape recordings, computer input or output. and any other data compilations from which information can be obtained, and all things similar to any of the foregoing. regardless of its author or origin. 4. "Plaintiff." "Worldwide Telecommunications, Inc.... "Worldwide," or "you," shall mean the plaintiff, Worldwide Telecommunications. Inc., its officers. directors. - 5 - REQUEST FOR PRODUCTION OF DOCUMENTS 1. All documents relating to any answer provided in response to GTl's interrogatories. 2. action. All documents or statements concerning the subject matter of this 3. All guidelines, standards, or protocols used by you in performing any services or producing any work product for GTI. 4. All communications to you from any customer stating that any statement or representation, oral or written, by you was fraudulent, misleading or deceptive, or stating that the customer's signatory to any agreement lacked authority to enter into such agreement or words to that effect. 5. All complaints, notices or warnings by any governmental or regulatory organization directed to you. 6. All documents you contend constitute or concern services or work product prOVided by you to GTI. 7. Any internal notes or memoranda pertaining to the subject matter of this action, including any notes or memoranda of telephone conversations with any employee of GTI, as well as any notes or memoranda pertaining to the drafting of the wording in Exhibit "A" to Plaintiffs Complaint, including prior drafts of such wording. 8. All employee lists, corporate organizational charts, or other documents indicating the identity of principals, directors, partners or employees of Worldwide, from its formation to the present. 9. All software or computer programs you used in providing any service, work product or performance to OT!. 10. All memoranda or other documents prepared or authored by you concerning methods, techniques or means of selling, advertising or promoting your services to potential customers, including all documents concerning your use or employment of any writing substantially similar to that attached as Exhibit "A" to plaintiffs complaint. - 7 - 11. Any document concerning the authority or apparent authority of a customer to enter into a contract. COZEN AND O'CONNOR BY: RICHARD C. MASON, ESQUIRE Counsel for Defendant, Fluor Daniel GTI The Atrium - Fourth Floor 1900 Market Street Philadelphia, PA 19103 (215) 665-2000 Q,\ocr t "'.t \11I."'8'" \11311 \ 11II r ~\.....OI"'tlI w51 - 8 - f& ,...... \l'flCI', COZEN AND O'CONNOR ATlJ,NTA, GA ... ""orr!.''l;.o...., CO..,'O....."O" New VOHK, NY THe ATRIUM CH"'RLOTTE:. "Ie '"00......,-1 !o,..(( 1 NCWAnK, N.J COLUMPIA, SC I"'llllAOClf'HI", PA IDIC3 SAN OICGO, CA CALLAS, TX I.Hr,} GI"i!>."OOO It~OOI 5..1. "{JOO seATTLe, WA LOS ....NGeleS. CA r.C!;'''lllr 1<'1'.) ,-,r.5-,oOI.) weST CONSHOHOCKCN, PA WWW COlcn com WI:STMQNT, N_J RICHARD C. MASON t1t1HCT D'''~ IllS) 605_"'" September 30, 1998 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Lawrence 314 U.S. Suite E Greenbrook, New Jersey S. Coven, Esquire Highway 22 West 08812 Re: Worldwide Telecommunications vs. Fluor Daniel GTI, Cumberland Cty., 97-3701 Our File No.: 64494 Dear Mr. Coven: I represent defendant Fluor Daniel GTI in the above- captioned matter. On August 19, 1998, defendant served you with Interrogatories and Requests for production of Documents. Under the Pennsylvania Rules of Court, plaintiff's responses to these discovery requests were due more than a week ago. Please contact me to advise me when I may expect to receive plaintiff's responses to defendant's discovery requests. Sincerely yours, 1 COZEN AND O'CONNOR Q5?- ~ ---........ BY: RICHARD C. MASON RCM:clp Q IUf r (".1 'a.....u<III".'lftll ,..\C,"O'.'. ...!>' ----. f 1......"."'1.. COZEN AND O'CONNOR ATLANTA, GA .. .'I"-Jrl .,::'Oflt"'d ("R.,,,,,.,,,,.. NEW YORK. NV ,.te ....tfHUM CHARLOTTe. Ne "..'''...''....rl.'''''', NCWARK, NJ COl.UMDIA, !iC PlllI.AD["U'lllA, PA 1910.:J SAN DICGO, CA DALl.AS, TX ,,,,'::,) (';(\!". "OOl' 'nool ~...]..'fJ()r) SeATTl.e, WI>. LOS ANGELES, CA ''''Co;-.,MIll weST CONSHOHOCKI:N, PA ,.'I~l 1,6<;; .''1' I WWW COlon COni weSTMONT, NJ RICHARD C. MASON Il"ll ," p.., ,,' '-I \;{,', ," 1 November- 16, 1998 VIA FACSIMILE AND REGULAR MAIL S. Coven, Esquire Highway 22 West Lawrence 314 U.S. Suite E Greenbrook, New Jersey 08812 Re: Worldwide Telecommunications vs. Fluor Daniel GTI. Cumberland Cty., 97-3701 Our File No.: 64494 Dear Mr. Coven: I am writing in connection with defendant Fluor Daniel GTI's Interrogatories and Request for Production of Documents, directed to plaintiff. Plaintiff's responsp.s to these discovery requests now are well overdue. weeks, court. If I do not have plaintiff's responses within two it will be necessary for me to make application to the Please call me if you have any questions. Sincerely yours, O'CONNOR ~AND _ ~ BY: RICHARD C. MASON RCM:clp ,.", .,...,.... Exhibit I VERIFICATION The averments or denials of fact contained in the foregoing document are true and correct based upon the signer's knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. ~ Dated: January J! 1999 <4 \;lll''''.' '1.>""ff4\ 'lO ",j'_(-,' "..'t...', ~. '(' i i' , , LJ' ( I " (, (' ~ C l, L I I \ L I \ C' L , , Commonwealth County of of Pennsylvania Cumberland Worldwide Telecommunications, Inc. Court of Conunoll Pleas VI. :"ll. ______n7;3J9L.!;;!~!.L:r_~!".r1L___ 19____ Fluor Daniel GTI 100 River Ridge Dr. Norwood MA 02062 III Civil Action - Law --~------------------------------------------ Fluor Daniel GTI: To _____________________________________________ Worldwide Telecommunications, Inc. .---------------------------------------------.--.------------------------------------------------ You a.. hereb}" notified that the Plaintiff ha S commenced an action in ________~~!1!~.Q!.l!l__.:___~_~y_~~__~_c::.~_i_c:>!l__:__~!!.~________ against you which you are requirr-d to dd!'ud or a default judgment may be entered against you. (SEAL) July 9, 97 Ilate ______________________________ 19____ ._ _ J&~L~ D~ ~_ _~_'__~_~t~~J:._ __ _ __ _ _ _ _ _ _ _ _ _____ PnlthonolaJ . '" um J~"'--iJ.,;;--f"-'-'!-'Jm- UJ C 0 I .... I ..... I <0 'M 01 lJ g~ e:- .... I-< c Q) ::l . -Q)~ E-o E = ~ Q).....~ E .. <0 :t:UlC .... 0 ..... ...:l . r-. .... lJ E-o 19 U 0 -.-4 i7 > Q) t:l .:>< . I:l. ~ III E .... .... ~ 0 -z.cz:iflia u Q) .... ~ c ~ E-o Q) 0 ~E21~~ < .... .... .... 0 Q) c ..... ~ l S; .... '0 <0 tIJ lJ M .... Cl <: o.Il'il - I ~ .... '0 I-< .... ~ Sr-. '" .... 0 .... ~..~ E I-< lJ ::l > ~ o c .... .... ~~ :3:..... ~ U '.. (~) (' ~ '. l~; , . , , 1:_ '. , C. , , ,- le C'.. fr.: ~ I) ,-, , .... '-) WORLDWIDE TELECOMMUNICATIONS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 97.3701 Civil Term v. CIVIL ACTION - LAW FLUOR DANIEL GTI, Defendant. JURY TRIAL DEMANDED PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: CQ/t~~ RICHARD C. MASON Attorney for Defendant Fluor Daniel GTI Please enter a Rule upon plaintiff to file a Complaint within 20 days hereof or suffer the entry of a Judgment of Non Pros. RULE TO FILE COMPLAINT AND NOW, this .;JS"''' day of .J, ....'L ,1998, a Rule is hereby granted upon plaintiff to file a Complaint herein within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. ~/ {L-li 1 J i2 ~c7 I rothonotary '; 'I" '..... ;' ,,(. ..",~.. '.. . ql: \.' .... WORLDWIDE TELECOMMUNICATIONS, INC., PlaintitT, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3701 CIVIL ACTION - LAW JURY TRIAL DEMANDED v. FLUOR DANIEL GTI, Defendant. PLAINTIFF'S COMPLAINT FOR DAMAGES Comes now the PlaintitT herein, WORLDWIDE TELECOMMUNICATIONS, INC. (hereinafter referred to as "Worldwide" or "the Plaintiff'), by counsel and its complaint against Fluor Daniel GTI, herein alleges that: COUNT I: BREACH OF INTERSTATE CONTRACT JURISDICTION AND VENUE I. Worldwide is a Corporation incorporated under the laws of the State of Pennsylvania and has its principal place of business located in the town of Enol a in the State of Pennsylvania. 2. Fluor Daniel GTI is a Corporation which has its principal place of business located in the City of Norwood, in the State of Massachuselts. 3. The parties hereto entered into a contract dated November 20, 1996 (See Exhibit "A"), which recites that it was to be governed by the laws of Pennsylvania. 4. Worldwide was to perform its obligations under the contract entirely within the State of Pennsylvania. 5. Payment on the contract was to be made to Worldwide located in Cumberland County, Pennsylvania. 6. Fluor Daniel GTI agreed to a Pennsylvania venue in the event either party needed to resort tll a Civil Court for enforcement. THE PARTIES 7. Worldwide is an independent consultant who makes a business of analyzing a client's communications expenses with it view towards tinding new or similar communications services from the same or another carrier at a lower rate. 8. After a considerable investment of time and capital, Worldwide has developed computer programs, a tarin'database, industry contacts and other facilities and assets to ensure that it can serve its clients with efficiency and thoroughness. 9. To recover these expenses, it claims a proprietary interest in these assets and in the data it provides its client. STATEMENT OF THE CASE 10. On November 20,1996, Worldwide and Fluor Daniel GTI entered into a contract, a true copy of which is attached hereto as Exhibit "A" and incorporated by reference. II. Several months prior to November 20, 1996, Worldwide and Fluor Daniel GTl had been communicating with each other in reference to the services which were eventually provided pursuant to the November 20, 1996 contract. 12. During the months before it signed, Fluor Daniel GTl ample opportunity to request or negotiate changes in the contract; changes in the service Worldwide proposed; and changes in the fee Worldwide would expect under the contract. Fluor Daniel GTI asked for no changes in the writing attached hereto. 13. The written agreement between the parties required that for the first twelve (12) months after obtaining savings as a result of Worldwide's work, Fluor Daniel GTI would pay Worldwide 50% of any reduction in long distance expenses Fluor Daniel GTI realized as a result of Worldwide's work. 14. Worldwide performed as agreed, proving Fluor Daniel GTI with copious data on available long distance rates and recommending a long distance program that would save Fluor Daniel GTl approximately $30.000.00, per month over its then-current long distance plan. 15. Fluor Daniel GTl has utilized Worldwide's' recommendations, for its own benefit and implemented Worldwide's ideas without paying Worldwide any fee, in violation of the a~reement between Fluor Daniel GTl and Worldwide 16. Fluor Daniel GTl has damaged Worldwide to the extent of approximately $180,00000 which amount exceeds the jurisdictional limit above which cases are ineligible to be Worldwld. T.'.eommUnICltlon., IneorpolWled 212 Wut D.uphln Stre.t Enola, PA 17021 Guaranlo.d lIavlnal - C"ntJCl~n~v Only <;Onluhl.... ".. Ao_, Our Worldwld. r.'"cammunlcallonl: Wo herlby Ippolnl yOU 10 audll our local Ind long dllblnca ""leommunJea1lanl vlndor Involc.. In o,lIor lor YOU to makl eOlt ..vlngl recOm_ndltlonl to our nnn. It Is egF1l8d you Will analYII our e.penses In Ihelr enllrlly and r"'oart:h in dololl "'0 Fedlral Communlcatlonl Comml"lon local Ind long dlslance carrip, lortlls or our local phone complny and Iho relevant long lIllIlnca carrlors. III. agresd yoU "'"I provide us wllh prsllrnln.ry findings and 10ler I delallld ra~an:h report ollonng Iho broOd".1 and mo,t comp/ehenslve range or IIlecommunlcations slvlngs anti rltl recommendlllons POSllble UtiliZing our eholc. at I.rills. earnors. spoclol allowlneas. rObales, ",runds Irld COSI reductions. Ills underslood and Ig,.ad Ihat you will bt WorkIng on I lIefct no-fllk eOntlngeney t.. bllll Ind tha1 your consullIng loe will be on half at th. monthly Ilvlngl we Iccrue tram thl I'tCOmmlndlUonl In your reportl lor a period at one year tram Ihe dl'" 01 Impllmentatlon. Aner the nm""elve monlhs, 100% 01 the long lerm savings are ours 10 keep. Since Slvlngs ara gUlrenteed by you 10 OCCur, If th.re I.. no ..vlngl ruUlId by uo, thore 'I NQ loe due 10 you. Onl.tlmo rnfuntls at PI!II la,llI overbllllngs willlle sharetl on I ~01~0 bosis upon colloctlon Your ongoing larlll rnonnoring SSMa! nntl bUl ludlllng will ~ provided 10 us II no addillona' cas' COil IIvlngl will be ~lcuJatld Irom u.. obJlctlv. "-ndled 01 Our current cOlta a1 the time 01 audit according to th. following formulal: \'I - . \) COlt Reduction IIlvlnal EumDI.' .22 cents cumnl COlt per mlnule- .09 cents new Colt per mlnut. . .13 cents per mlnUl. 1IR111 living I .13 cenlS pIC mlnule aroll Ilvlngl I 8.000 mlnut.. at calling hI month. 11040 Olll~onlh NVln,,1 $1040.S0%" IUD duo month ono, Rerund 'Slvlng. I:..mal.~ S 1500 IItuntl check 10 you. .50 . $750 lavlngl/oM llmt m. Aner your work Is perlormetl. tarirr raeommendallons thlt welmplemont ITV Pl'tsumed 10 be due to your work. Therefore. Ills agreed Ihal ony recommendllion In your reports Ih.l.... Implemenlls d..m~ .cceplld and we "ill nOI ulill,e Ihe recommendalions in your repo,ls during Ihe rerm withoul plym.nl 01 your I.. Ind nollneaUon 10 you The~e nOli-circumvention pro>'s;ons ara Inleg'll\o Ihis Igreemenl and shill be erroclive tor IIlwo year period after Ihe delivery 01 your nndlngs. LIslly. it Is agreed and underslood Ih" 1hls alntract Is govemld by tho Slolo 01 Plnnsylvlnll Ind Iny lalon commencing hereundor shall be b,ought In Iha Counly 01 Cum~nand. Furthermore, we repnlHnt thll Ihl person signing Is oulhorlzed 10 englge your saIVlcol. We hereby IctnowIedge receipt of I COpy of thIs "grllemenl. ond II we brelch Ihis conlrac1. wo Will PAY .11 rfllsonBbla alult antlleg.1 costs you Incur tlu. to IUCh blelch. Aeclpted by: ~~~donbohlIfOf \='\~ \\c.n,c<.\ G \:1. ::::=~::tCi~ ..":;sk,,~,,J ,,;- ~~: ~ l~o 1,:.1'..,.,.. (1...:~~ ~( c' fufu->=d fo...\(\ '01 'lbO Name:. )('''('~~\ c: Irc" \', Slgne~'''~~\~ 01.. \\ I c~ EXIIIIIIT "A" VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Plaintiff's Complaint for Damages is true to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Worldwide Telecommunications, Inc. Ro1~~~- President Worldwide Telecommunications, Inc. DATED: July 20,1998 WORLDWIDE TELECOMMUNICATIONS, INC., Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMUERLAND COUNTY, PENNSYLVANIA 1'10.97-3701 CIVIL ACTION - LAW JURY fRIAL DEMANDED v. FLUOR DANIEL GTI, Defendant. CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, he served a copy of the foregoing complaint on the following individual at the address indicated by Airborne Express Over-night Mail. Richard C. Mason, Esq. COZEN & O'CONNOR The Atrium 1900 Market Street Philadelphia, PA 19103 Bt,/ 7J!1/f/! ,~ I.M WRENCE S. COVEN, ESQ. , Attorney for Plaintiff 314 U.S. Highway 22 West, Suite E G -ep.n Brook, New Jersey 08812 (732) 424 - 1000 Attorney ID No. 63387 DATED: July 20,1998 ~ BY: RICHARD C. MASON, ESQUIRE ATTORNEY ID# 62307 COZEN AND O'CONNOR THE ATRIUM - FOURTH FLOOR 1900 MARKET STREET PHILADELPHIA, PA 19103 (215) 665-2000 COUNSEL FOR DEFENDANT FLUOR DANIEL, GTI TO:WORLDWIDE TELECOMMUNICATIONS You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ~-- -; Richard C. Mason. Esquire NO. 97-3701 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORLDWIDE TELECOMMUNICATIONS Plaintiff v. FLUOR DANIEL GTI, INC. Defendant ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT Defendant, Fluor Daniel GTI, Inc. (hereinafter nGTln), by its counsel, Cozen and O'Connor, as and for its Answer to Plaintiffs Complaint, avers as follows: COUNT I: BREACH OF INTERSTATE CONTRACT JURISDICTION AND VENUE 1. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 1 of Plaintiffs Complaint. 2. Defendant GTI admits the allegations contained in paragraph 2 of Plaintiffs Complaint. 3. Defendant GTI denies the allegations contained in paragraph 3 of Plaintiffs Complaint. 4. Defendant GTI denies the allegations contained in paragraph 4 of Plaintiffs Complaint. 5. Defendant GTI denies the allegations contained in paragraph 5 of Plaintiffs Complaint. 6. Defendant GTI denies the allegations contained in paragraph 6 of Plaintiffs Complaint. THE PARTIES 7. Defendant GTI, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 7 of Plaintiffs Complaint. 8. Defendant GTI, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 8 of Plaintiffs Complaint. 9. Defendant GTI, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 9 of Plaintiffs Complaint. - 2 . STATEMENT OF THE CASE 10. Defendant GTI denies the allegations contair.€JI: il' , 'lragraph 10 of Plaintiffs Complaint. 11. Defendant GTI denies the allegations contained " ,.'. 'ragraph 11 of Plaintiffs Complaint. 12. Defendant GTI denies the allegations contained in paragraph 12 of Plaintiffs Complaint. 13. Defendant GTI denies the allegations container' .,' :'lragr~ph 13 of Plaintiffs Complaint. 14. Defendant GTI denies the allegations containeu i'. Jragraph 14 of Plaintiffs Complaint. 15. Defendant GTI denies the allegations containe.:: ; , Jaragraph 15 of Plaintiffs Complaint. 16. Defendant GTI denies the allegation:> contalr:ecl in I),. 3graph 16 (,/ Plaintiffs Complaint. 17. Defendant GTI denies the allegations contai1€d in r .r:;~ T""'- j 7 of Plaintiffs Complaint. WHEREFORE, defendant GTI demands judg',E'i' ,':ainst plaintiff, including costs and attorney's fees, and such other relief as this (, '. " ,'~ems just and proper. .3. NEW MATTER FIRST AFFIRMATIVE DEFENSE Defendant GTI never entered into a contract with plaintiff. SECOND AFFIRMATIVE DEFENSE If there was a contract, which defendant denies, plaintiff breached the contract by failing to perform pursuant to the terms of the contract. THIRD AFFIRMATIVE DEFENSE To the extent any assent was given by any GTI employee with respect to the alleged contract, which GTI denies, plaintiff fraudulently induced such assent. Specifically, any assent given by an employee of GTI was fraudulently induced by false or misleading statements contained in promotional literature authored by Robert Schaner and distributed by WTC in August 1996, warranting, among other things, that Worldwide has "retained leading experts in regulatory and tariff analysis," that Worldwide "GUARANTEES your firm will have the lowest dollar prices for all the telecommunications services you buy," and that Worldwide would provide GTI with a report tailored to the specific requirements and needs of GTI. FOURTH AFFIRMATIVE DEFENSE If there was a contract, which defendant denies, the contract is void as against the public policy of the Commonwealths of Pennsylvania and Massachusetts. - 4 - CERTIFICATION I, Richard C. Mason, attorney for defendant, Fluor Daniel GTI. hereby certify that I am duly authorized to make this certification: that on the 11ItJay of August, 1998 I did cause a true and correct copy of Answer of Defendant to Plaintiffs ~( Gc(;eso Complaint to be mailed by U,~. 1;,;>1....1 ~.to counsel for the plaintiff which was COZEN AND O'CONNOR addressed as follows: Lawrence S. Coven, Esq. 314 U.S. Highway 22 West Suite E Greenbrook, NJ 08812 By: R~~UN' t::S~UIRE Q:\DEFENSE\6449411138\PlE\PAF1473.wSl ~ BY: RICHARD C. MASON, ESQUIRE ATTORNEY ID# 62307 COZEN AND O'CONNOR THE ATRIUM - FOURTH FLOOR 1900 MARKET STREET PHILADELPHIA, PA 19103 (215) 665-2000 COUNSEL FOR DEFENDANT FLUOR DANIEL, GTI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORLDWIDE TELECOMMUNICATIONS Plaintiff v. FLUOR DANIEL GT! Defendant NO. 97-3701 MOTION TO COMPEL RESPONSES BY PLAINTIFF TO DEFENDANT FLUOR DANIEL GTI'S INTERROGATORIES AND r<EQUEST FOR PRODUCTION 1. On August 20, 1998, defendant Fluor Daniel GTI served written discovery requests, namely Interrogatories and Request for Production of Documents, upon counsel for Plaintiff. A copy of said discovery is attached as Exhibit "A". 2. As of the date of this motion, plaintiff has failed to respond to defendant Fluor Daniel GTl's discovery requests. BY: RICHARD C. MASON, ESQUIRE ATTORNEY ID# 62307 COZEN AND O'CONNOR THE ATRIUM - FOURTH FLOOR 1900 MARKET STREET PHILADELPHIA, PA 19103 (215) 665-2000 COUNSEL FOR DEFENDANT FLUOR DANIEL, GTI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORLDWIDE TELECOMMUNICATIONS Plaintiff v. NO. 97-3701 FLUOR DANIEL GTI Defendant DEFENDANT FLUOR DANIEL GTI'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF PLEASE TAKE NOTICE that defendant Fluor Daniel GTI ("GT!") hereby requests that Plaintiff answer the following Request for Production of Documents in writing and under oath within the tirne and under the procedures set forth in the Pennsylvania Rules of Court. INSTRUCTIONS 1. In responding to these Requests for Production of Documents, you are required to obtain and furnish all information available to you and any of your officers, directors, employees, agents, brokers, representatives, subsidiaries, affiliates, attorneys, accountants or any other person acting or purporting to act rJn your behalf or under your direction or control. 2. Each Request for Production which seeks informatior relating in any way to communications to, from, or within a business and/or a corporate entity, 's hereby designated to demand, and should be construed to include, all communications by and between representative, employees, agents, brokers andlol servants of the business and/or the corporate entity. 3. If any requested information cannot be provided in full, after exercising due diligence to secure the information necessary to provide a complete answer, so state, and answer each Interrogatory, or subpart thereof, to the fullest extent possible. Specify the extent of your knowledge and inability to answer the remainder, and set forth whatever information or knowledge you have concerning the unanswered portions and the efforts you made to obtain the requested information. 4. Whenever an objection is made to a portion or subpart of a Request for Production, an answer shall be furnished for all other portions or subparts of the Interrogatory as to which there is no objection. 5. Wherever in these Requests for Production you are asked to identify a document, you shall state: a. the type of document (I.e., letter, interoffice memorandum, report, etc.); b. the date of the document; - 2 . c. the author(s), addressee(s), and all other persons who received copies of the document; d. the general subject matter of the document; e. the title or heading of the document, and other similar, appropriate identifying information; and f. the document number, if applicable. 6. Wherever in these Requests for Production you are asked to identify a person, you shall state: a. the person's name; b. the person's present or last known business address; c. the person's present or last known residential address; d. the person's present or last known occupation; e. the person's present or last known employer; f. the person's occupation at the time of the event inquired about in these Requests for Production; and g. the person's last known business and residential telephone number. 7. If you claim that any information responsive to a Request for Production is privileged or otherwise non-discoverable, state fully: a. the reason for withholding the information, including the nature of the privilege or other bases of non-discoverability (including work product) that is being claimed and the privilege rule being invoked; - 3 - .. b. the factual basis for asserting the privilege or withholding the information; c. the general subject matter of the information; and d. the source of the information and identify the person or document, whichever is applicable. 8. If any document that contained information responsive to a Request for Production is known to have existed but cannot now be located, or has been destroyed or discarded, then identify each such document and set forth: a. the last known custodian; b. whether the document is missing, lost, destroyed or discarded; c. the date of loss, destruction or discard; d. the manner of destruction or discard; e. the reasons for destruction or discard; f. the identity of persons authorizing or carrying out such destruction or discard; g. the efforts made to locate lost or misplaced documents; and h. the identity of all persons with knowledge of the documents and their contents. 9. Separate answers should be provided to each Request for Production or part thereof. 10. The following rules of construction apply to these Requests for Production: - 4 - . a. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the Interrogatory all answers that might otherwise be construed to be outside of its scope. b. The terms "all", "any" and "each" shall mean "any and all" and/or "each and every", to make the Interrogatory inclusive rather than exclusive. c. Reference to the singular of any word shall include the plural, and vice versa. d. All verbs shall be construed to include all tenses. DEFINITIONS 1. "Communication" shall mean the transmittal of information in the form of facts, ideas, inquiries or otherwise. 2. "Concerning" shall mean relating to, referring to, describing, evidencing or constituting. 3. "Document" or "documents" means and includes, without limitation, any and all printed, recorded, written, graphical, electronic or photographic matter whatsoever, including tape recordings, computer input or output, and any other data compilations from which information can be obtained, and all things similar to any of the foregoirlg, regardless of its author or origin. 4. "Plaintiff," "Worldwide Telecommunications, Inc.," "Worldwide," or "you," shall mean the plaintiff, Worldwide Telecommunications, Inc., its officE'rs, directors, - 5 . . REQUEST FOR PRODUCTION OF DOCUMENTS 1. All documents relating to any answer provided in response to GTl's interrogatories. 2. action. All documents or statements concerning the subject mailer of this 3. All guidelines, standards, or protocols used by you in performing any services or producing any work product for GTI. 4. All communications to you from any customer stating that any stet"mcnt or representation, oral or written, by you was fraudulent, misleading or deceptive, or stating that the customer's signatory to any agreement lacked authority to enter into such agreement or words to that effect. 5. All complaints, notices or warnings by any governmental or regulatory organization directed to you. 6. All documents you contend constitute or concern services or work product provided by you to GTI. 7. Any internal notes or memoranda pertaining to the subject matter of this action, including any notes or memoranda of telephone conversations with any employee of GT!, as well as any notes or memoranda pertaining to the drafting of the wording in Exhibit "AU to Plaintiffs Complaint, including prior drafts of such wording. 8. All employee lists, corporate organizational charts, or other documents indicating the identity of principals, directors, partners or employees of Worldwide, from its formation to the present. 9. All software or computer programs you used in providing any service, work product or performance to GTI. 10. All memoranda or other documents prepared or authored by you concerning methods, techniques or means of selling, advertising or promoting your services to potential customers, including all documents concerning your use or employment of any writing substantially similar to that attached as Exhibit "AU to plaintiffs complaint. - 7 - Il' BY: RICHARD C. MASON, ESQUIRE ATTORNEY ID# 62307 COZEN AND O'CONNOR THE ATRIUM - FOURTH FLOOR 1900 MARKET STREET PHILADELPHIA, PA 19103 (215) 665-2000 COUNSEL FOR DEFENDANT FLUOR DANIEL, GTI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORLDWIDE TELECOMMUNICATIONS Plaintiff v. NO. 97-3701 FLUOR DANIEL GTI Defendant DEFENDANT FLUOR DANIEL GTI'S FIRST SET OF INTERROGATORIES ADDRESSED TO PLAINTIFF PLEASE TAKE NOTICE that defendant Fluor Daniel GTI (nGTln) hereby requests that Plaintiff answer the following interrogatories in writing and under oath within the time and under the procedures set forth in the Pennsylvania Rules of Court. INSTRUCTIONS 1. In responding to these Interrogatories, you are required to obtain and furnish all information available to you and any of your officers, directors, employees, agents, brokers, representatives, subsidiaries, affiliates, attorneys, accountants or any other person acting or purporting to act on your behalf or under your direction or control. 2. Each Interrogatory which seeks information relating in any way to communications to, from, or within a business and/or a corporate entity, is hereby designated to demand, and should be construed to include, all communications by and between representative, employees, agents, brokers and/or servants of the business and/or the corporate entity. 3. If any requested information cannot be provided in full, after exercising due diligence to secure the information necessary to provide a complete answer, so state, and answer each Interrogatory, or subpart thereof, to the fullest extent possible. Specify the extent of your knowledge and inability to answer the remainder, and set forth whatever information or knowledge you have concerning the unanswered portions and the efforts you made to obtain the requested information. 4. Whenever an objection is made to a portion or subpart of an Interrogatory, an answer shall be furnished for all other portions or subparts of the Interrogatory as to which there is no objection. 5. Wherever in these Interrogatories you are asked to identify a document, you shall state: a. the type of document (Le., letter, interoffice memorandum, report, etc.); b. the date of the document; - 2 - . c. the author(s), addressee(s), and all other persons who received copies of the document; d. the general subject matter of the document; e. the title or heading of the document, and other similar, appropriate identifying information; and f. the document number, if applicable. 6. Wherever in these Interrogatories you are asked to identify a person, you shall state: a. the person's name; b. the person's present or last known business address; c. the person's present or last known residential address; d. the person's present or last known occupation; e. the person's present or last known employer; f. the person's occupation at the time of the event inquired about in these Interrogatories; and g. the person's last known business and residential telephone number. 7. If you claim that any information responsive to an Interrogatory is privileged or otherwise non-discoverable, state fully: a. the reason for withholding the information, including the nature of the privilege or other bases of non-discoverability (including work product) that is being claimed and the privilege rule being invoked; - 3 - b. the factual basis for asserting the privilege or withholding the information; c. the general subject matter of the information; and d. the source of the information and identify the person or document. whichever is applicable. 8. If any document that contained information responsive to an Interrogatory is known to have existed but cannot now be located, or has been destroyed or discarded, then identify each such document and set forth: a. the last known custodian; b. whether the document is missing, lost, destroyed or discarded; c. the date of loss, destruction or discard; d. the manner of destruction or discard; e. the reasons for destruction or discard; f. the identity of persons authorizing or carrying out such destruction or discard; g. the efforts made to locate lost or misplaced documents; and h. the identity of all person~ with knowledge of the documents and their contents. 9. Separate answers should be provided to each Interrogatory or part thereof. 10. The following rules of construction apply to these Interrogatories: a. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the - 4 - scope of the Interrogatory all answers that might otherwise be construed to be outside of its scope. b. The terms "all", "any" and "each" shall mean "any and all" and/or "each and every", to make the Interrogatory inclusive rather than exclusive. c. Reference to the singular of any word shall include the plural, and vice versa. d. All verbs shall be construed to include all tenses. DEFINITIONS 1. "Communication" shall mean the transmittal of information in the form of facts, ideas, inquiries or otherwise. 2. "Concerning" shall mean relating to, referring to, describing, evidencing or constituting. 3. "Document" or "documents" means and includes, without limitation, any and all printed, recorded, written, graphical, electronic or photographic matter whatsoever, including tape recordings, computer input or output, and any other data compilations from which information can be obtained, and all things similar to any of the foregoing, regardless of its author or origin. 4. "Plaintiff," "Worldwide Telecommunications, Inc.," "Worldwide," or "you," shall mean the plaintiff, Worldwide Telecommunications, Inc., its officers, directors, employees, agents, attorneys, representatives, subsidiaries, affiliates, accountants or - 5 - any other person acting, or purporting to act, on your behalf or under your direction or control. - 6 - 4. Identify each person or company concerning which, for the period of 1995 to the present, you have commenced or threatened legal action to recover sums for services rendered, or which has named you as a defendant in any action arising from a writing containing wording the same or similar to that attached as Exhibit "A" to your Complaint. Identify the full names and last known addresses of each of the parties to the aforesaid actions or demands. 5. Was the text of the document attached as Exhibit "A", authored, in whole or in part, by you or an agent acting on your behalf, including an attorney? If so, identify the person or persons responsible for drafting or authoring the text of Exhibit "A", and state which parts of Exhibit "A" each person drafted or authored. 6. Does the "data" referred to in Paragraph 14 of Plaintiffs Complaint pertain to any specific long distance telecommunications carrier? If so, identify the carrier or carriers to which the data pertained, and state in full the manner in which the recommendations referred to in Paragraph 14 pertained to such carrier or carriers. 7. Identify each individual employed by GTI you spoke with at any time, stating separately for each such communication: (a) the date of such communications, (b) the entire substance of such communication, and (c) all persons who participated in such communication. 8. Has any principal of Worldwide, including Robert Schaner, Robert Robson and Rick Rosa, ever been charged, indicted or convicted of any criminal offense involving deception, including, but not limited to, forgery, commercial fraud, consumer fraud, mail or wire fraud? - 8 - 9. State whether, in connection with any customer of Worldwide that signed or otherwise executed a writing substantially in the form of that attached as Exhibit "A" to your complaint, you provided written recommendations that did not include "switching to alternative discount and service plans," or language substantially to that effect. If your answer is anything other than an unqualified "no," identify each customer of yours to whom you provided a report that did not recommend switching to alternative carrier discount and service plans, and attach to your answers a copy of such report or reports. 10. State all facts supporting your claim that GTI has damaged Worldwide "to the extent of approximately $180,000.00." 11. Identify all persons, including any employee or agent of any long distance carrier, not employed with GT!, with whom you have communicated with respect to the subject matter of the Complaint, Exhibit "A" to the Complaint, or any negotiations, services or performance on behalf of GTI. 12. Identify the date on which you and GT! reached the final agreement that you allege GT! has breached. Identify any and all documentation, or other evidence, pertaining to the date on which such final agreement was reached. - 9 - VERIFICATION The averments or denials of fact contained in the foregoing document are true and correct based upon the signer's knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~ RICHARD C. MASON, ESQUIRE Attorney for Defendant Fluor Daniel GTI ..:::::::. Dated: December i, 1998 '" :". ( ... ,. f 1,..4.....0: '''''. I ~." "',n ..', ~ Ul :;0- j-: I I .~ (....~ 11_:\ , .. \1. ;1.. , C_, .. ; I. L' c. :j ,- '1;'" L..' " -~ I .- 0 c; u' BY: RICHARD C. MASON, ESQUIRE ATTORNEY ID# 62307 COZEN AND O'CONNOR THE ATRIUM - FOURTH FLOOR 1900 MARKET STREET PHILADELPHIA, PA 19103 (215) 665-2000 COUNSEL FOR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORLDWIDE TELECOMMUNICATIONS Plaintiff \ - ~ , ) " v. NO. 97-3701 , J " '" FLUOR DANIEL GTI " " ; ,,'1 -' ,,' , , , Defendant "! ,) ,'II t f,r, J , PRAECIPE FOR ARGUMENT LIST Please place Defendant's Petition for Non Pros on the next available argument list. 1. (a) Counsel for Defendant-Petitioner is Richard C. Mason, Esquire and Cozen and O'Connor, 1900 Market Street, Philadelphia, PA 19103. (b) Counsel for Plaintiff is Lawrence S. Coven, Esquire, 314 U.S. Highway 22 West, Suite E, Greenbrook, NJ 08812. 2. Defendant shall notify counsel for plaintiff of the argument date within two days of Defendant's receipt of same. - 1 - BY: RICHARD C. MASON, ESQUIRE ATTORNEY ID# 62307 COZEN AND O'CONNOR THE ATRIUM - FOURTH FLOOR 1900 MARKET STREET PHILADELPHIA, PA 19103 (215) 665-2000 COUNSEL FOR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORLDWIDE TELECOMMUNICATIONS Plaintiff v. NO. 97-3701 FLUOR DANIEL GTI Defendant PETITION TO HAVE MOTION CONTINUED Defendant, by and through its attorneys, Richard C. Mason and Cozen and O'Connor, hereby petitions this Court to continue Defendant's motion for a judgment of non-pros to the next available hearing date, and in support thereof avers as follows: 1. On January 28, 1999, Defendant filed its Petition for Judgment of Non Pros in the above-captioned matter, and served the Petition upon counsel for plaintiff. 2. In connection with the foregoing, Defendant also served and filed a Praecipe for Argument List, attorney Verification, proposed Order and proposed alternative Order. . 3. The Prothonotary duly mailed to Defendant a standard index card formally stating the argument date with respect to the above-captioned Petition. However, the post office returned to the Prothonotary the argument notification, based on "insufficient address," without delivering the notification to counsel for Defendant. 4. Subsequently, the Prothonotary confirmed that the original address on the argument notification had been correct, notwithstanding the post office's failure to deliver the notification. The undersigned did not receive the argument notification until February 24, 1999. 5. Because Defendant failed to receive the argument notification until just eight days prior to the argument date, defendant petitions this Court for adjournment of the motion until the next available argument date. 6. Defendant believes that adjournment of the motion is in the interest of fairness to both parties and the just adjudication of this matter under the circumstances. - 2 . WHEREFORE, petitioner respectfully requests that this Court adjourn defendant's Petition for Judgment of Non Pros, until the next available argument date. Respectfully submitted, COZEN AND O'CONNOR BY:C0 -- ~ RICHARD C. MASON, ESQUIRE Attorney for Defendant - 3 - '- - >- rr; c.: I-~: , (:: .- lJ. C ('"" c~. ,..> f-;', ,.11 lj: '. ~ .- ,.' '.' ., , ,. I l. \ ';:10_ c'" c' , .-, PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten am subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter far the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Worldwide Telecommunications ( Plaint iff) vs. Fluor Daniel GTI ( Defendant) No. 97-3701 Civil 19 1. State matter to be argued (i.e., plaintiff's rrotion for new trial. defendant's dmurrer to canplaint. etc.): De [endan t 's Pe tit ion for a Jud[~men t Non Pros 2. Identify counsel ..00 will argue case: (a) for plaintiff: Lawrence S. Coven, Esqui re Address: 314 U.S. lIi.'~hway 22 \~est, SuIte E Greenhrook, NJ 08812 (b) for defendant: Richard C. Nason, Esquire Address: CozC'n and 0' Connor 1900 Narket Street Philadelphia, P^ 19103 3. I will notify all parties in writing within t'oO days that this case has been listed for argurent. 4. Argunent Court DIlte: '\1''' i 1 7, 1 qqq .~ 1,-__.. <) ", '." 1.( 1./ / : /1 r {'._J< I' I [Dted: ~I;l rl'h p, Iqqq Attorney for P..II""Lllll , I OFFICE OF PROTHONOTARY Cumberland County. Carlisle. PA 17013 Date ~QLY_ ;1, 1~7<j.. This is to notify you that Ub1JLLWir '7z/rrnon-'l1~;.l~ ..1L.~J~L G'I:r.. No. 97--1'lOLuUf.."lC 1U2..n~ _ . has been Listed for Argument on .--112.':uui". "2 _ ::. j_y?? Cumberland County Argument Court Rules 210-1 through 210-14 shall be strictly enforced. If the issue was listed for prior argument you must re-file your brief as per Local Rule210.11. ./) _ J). /' j.fl Uu z--I~ Kr;XC.. 7,.--9- CurtiS R. Long V' _'7~'7J PROTHONOTARY WORLDWIDE TELECOMMUNICATIONS. Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. 97-3701 CIVIL FLUOR DANIEL OTI. Dcfcndant CIVIL ACTION -LAW ORDER AND NOW. this 3 -i day of June. 1999. at the request of counsel for the plaintiff. argument in thc above mallcr sct for Junc 3. 1999. is continucd to Thursday. July 8.1999. at 3:30 p.m. in Cumberland County Courthouse. Carlisle.PA. BY TilE COURT. K,1i:II/!/-J Court Administrator /: (l J' , .., "',' ,'( / /,' :;/ / )J, Lawrencc S. Covcn, Esquire 314 U. S. lIighway 22 West. Suite E Orccnbrook. NJ 08812 . .( L /,;,/J/1~. " ~...(.~; n\.~~ L< '-, J .&.~. Richard C. Mason. Esquire Cozcn and O'Connor Thc Atrium. Fourth Floor 1900 Market Street Philadelphia. PA 19103 :rlm r-!LED-C~r-lCS CF T! ',: r,,~,T-, !~'nTf.J1Y 99 JUl -8 r~\ 3: 53 CUMEl~,\_';:-:iJ (/j1J~nY FENl\,SYL';!~\I:A Stephen M. Beaudoin. Esquire REGER & RIZZO Park view Tower Suite 250 1150 First Avenue King of Prussia. I' A 19406 (610) 878-9901 Attorney I(lr I'laintin: Worldwide Tcleconul1unications Attorney 1.0. 1162070 WORLDWIDE TELECOMMUNICATIONS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, vs. CIVIL ACTION LAW FLUOR DANIEL GTI NO. 97-3701 I'RAECII'E TO SETTLE. DlSCONTINlIE ANI> ENI> TO TilE PROTHONOT AR Y: Kindly mark the above captioned matter settled. discontinued and cndcd. Respectfully submitted. CZ1A. ~f Dated: I~dd St hen M. Beaudoin. Esquirc