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Home My WebLink About00-07872 , COURT QF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW UBS SA-SUPPORT FRONT Plaintiff vs. JOSEPH WY A TTE Defendant NOTICE No. 00 - 1P'J:A.. CIVIL ACTION CroiC l~ YOU HAVE BEEN SUED IN COURT. IF YOU WISHTO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES. YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THECOURTWITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle. PA 17013-3387 (717) 240-6200 Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem. PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UBS SA Plaintiff No. rJr) - '7 f 7.2 ~ 7:....... VS. JOSEPH WYATTE CIVIL ACTION Defendant(sl COMPLAINT The above Plaintiff brings this action against the above Defendant to .recover the sum of $69,706.08, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, UBS SA is a Swiss Bank with an address of P.O.Box 2600 Ch- 1211, Geneve2. 2. The Defendant, JOSEPH WYATTE is located at 7 West Red. Gold Circle, . :,~,;. CAMP HILL PA 17011-1009. COUNT I (fraud) 3. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 4. The Defendant requested Plaintiff transmit certain funds to Defendant from Switzerland by wire transfer. 5. Plaintiff undertook to transmit said funds by wire transfer and during said transfer wired into Defendant's account an amount in excess of that agreed to by the parties. 6. Defendant fraudulently induced Plaintiff to transfer excess funds by indicating ~'-o.;",,""'/'~ - - '''~:,,, ,.,_,,,____" "-'~"_;~I-_'" " .;,'nO ,~"--"-' 'ry''',-~, -' - '-',""",,, , ,,'-', _, "__,,,-_,';:" _ ~, r_ said funds should be paid in U.S. Dollars rather than in Swiss Francs. 7. By reason of such representations instead of transferring the amount in Swiss Francs Plaintiff transferred an amount in U.S. Dollars. 8. Defendant has failed to return any excess funds transferred. 9. The total principal amount which became due as a result thereof, after allowance for all proper credits, if any, was $57,526.27. 10. Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6.00% Der annum to the past due balance. As of November 1, 2000 the total amount of interest due to Plaintiff is $12,179.81. . n. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from November 1, 2000 on down to the date of judgment in this matter. 12. The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant for $69,706.08 together with the continually accruing interest charge at the statutory rate of 6.00% Der annum from November 1, 2000, and cost of suit. COUNT II (Unjust Emichment) 13. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 14. The monies deposited into Defendant's account and the Defendant received and accepted the benefit of such monies provided by the Plaintiff. 15. At all times material hereto, Defendant was aware that Plaintiff was providing ,'1' ~:~",{~~, "~""'""'J-. -7. "', ,., "'- c,'\r,~,"~''''/~:'?;'''_ '"' ";~"r: " .'^" _;-0"-1;' ,,,., '_" - '-, .,~ "., _'~_ .,. :" .;;~ '_-, - c_, "_~"'~ '-'-T"- ,. ._,_~^'~,~__ , the aforesaid monies and that Plaintiff expected to be repaid for such. 16. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said monies and to incur damages. 17. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said monies without paying Plaintiff fair and reasonable compensation. 18. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant. is obligated to pay Plaintiff the auantum meruit value of the value of the monies as set forth herein in the amount of $69,706.08. WHEREFORE, Plaintiff demands judgment against the Defendant for $69,706.08 together with the continuaIly accruing interest charge at the statutory . rate of 6.00% oer annum from November 1, 2000, costs of suit and all other relief to which Plaintiff rimy be justly. entitled. COUNT III (Conversion) 19. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 20. On or about April 23, 1997 Plaintiff wired funds into Defendant's account. 21. Plaintiff wired funds in excess of that which was requested. 22. The excess amount wired was in the amount of $57,526.27. 23. Said excess funds belonged to the Plaintiff. 24. Defendant took possession of said funds knowing they did not belong to Defendant. :!yJ}, ':'-" , ~!,!-c"3~""",;-_,=_, . "'-''C''''-:-' -C'_.'"""".'_ -, .'. "e ,_ ...... -"---~ - , ,,". 25. Defendant knew said funds belonged to Plaintiff but converted said funds to his own use and has refused to return any part of said funds to Plaintiff. 26. Plaintiff is also entitled to receive interest on the above amount .determined by applying the statutory interestrate of 6.00% per annum to the past due balance. As of November 1,2000 the total amount of interest due to Plaintiff is $12,179.81. 27. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from November 1, 2000 on down to the date of judgment in this matter. 28. The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant for $69,706.08 together with the continually accruing interest charge .at the statutory rate of 6.00% .~ annum from November 1, 2000, and cost of suit. AMAT~ By: / Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ir:',' "~-----,- >~ ,~>b""_'i~,,;-0,;""c~,_,'_' -';""",''1-)-,':--' ,_","","_~,"-___,t, ..-,~_T~;,--- ~'". . -- - .'_,___"..".o,-_._~- ~___ VERIFICATION I, Ronald Amato, Esquire, hereby state that I am the attorney for Plaintiff in this action and, as such, am authorized to make this verification on behalf of Plaintiff, that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief based upon the information and documentation provided by Plaintiff, and based on my own knowledge and recollection of event. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. onald Amato, Esquire Attorney for Plaintiff Dated: September 16, 1998 lL; '.- '," -,' __'1" ";,;",,,",,~:__, :::~']'_":'_,_"'_C:[-',__ ~ '_ ",_~ ,_ _ __,,-,.~_p _, , . _ _'_",0"", L,_ ~_.' -,~ - ,---"~~- .,.;"., - -~ , -..l SHERIFF'S RETURN - REGULAR CASE NO: 2000-07872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UBS SA-SUPPORT FRONT VS WYATTE JOSEPH SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WYATTE JOSEPH the DEFENDANT , at 0017:35 HOURS, on the 29th day of November, 2000 (Red) at 7 WEST GOLD CIRCLE CAMP HILL, PA 17011 by handing to JOSEPH WYATTE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.68 .00 10.00 .00 36.68 ~~~e R. Thomas Kline 11/30/2000 AMATO & MARGL Sworn and Subscribed to before By: " ;01& me this J ~ day of ~ klTO A.D. ~ 0. /)wi,. ) ~.'-.. Prothonota~y '~JJ_ ,""" '. e_., '-l ,"" Thomas A. French, Esquire Attorney J.D. No. 39305 Susan E. Schwab, Esquire Attorney J.D. No. 66722 RHOADS & SINON LLP One South Market Square, ] 2th F]oor P.O. Box 1146 Harrisburg, P A ] 7108- II 46 (7]7) 233-573] Attorneys for Joseph Wyatte UBS SA-SUPPORT FRONT Plaintiff v. JOSEPH WY ATTE Defendant TO: Ronald Amato, Esquire 107 North Commerce Way Bethlehem, PA 18017 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION LAW : NO. 00-7872 NOTICE TO PLEAD 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. '~,"'. <, ,"'~.. ""~ ~-"I ' RHOADS & SINON LLP By: ~/M'Lf ey{.--4~ Thomas A. French Susan E. Schwab One South Market Square P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Joseph Wyatte . Thomas A. French, Esquire Attorney LD. No. 39305 Susan E. Schwab, Esquire Attorney I.D. No. 66722 RlIOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant(s) UBS SA-SUPPORT FRONT : IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION LAW : NO. 00-7872 JOSEPH WY ATTE Defendant DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER. NOW COMES, Joseph Wyatte ("Defendant"), by and through his attorneys, Rhoads & Sinon LLP, and files the following answer with new matter: 1. Admitted. Upon information and belief, the Plaintiff, UBS SA is a Swiss Bank with an address of P.O. Box 2600 CH-12II, Geneve 2. 2. Admitted. COUNT I (fraud) 3. Defendant incorporates herein by reference his answers as set forth in paragraphs I through 2 above. 369616.1 '~',"""'t"" , ~ c', << '"-~" ",. '1'" 4. Admitted in part and denied in part. It is admitted that on or about April of 1997, Defendant requested that Plaintiff transmit Defendant's money invested in Convertible Annuity Certificates from the ELVIA Life Swiss Life Insurance Company to Defendant. It is specifically denied that Defendant requested Plaintiff transmit certain funds to Defendant from Switzerland by wire transfer. By way of further answer, Defendant did not specify how the funds were to be transmitted to him. 5. Denied. It is specifically denied that Plaintiff undertook to transmit said funds by wire transfer and during said transfer wired into Defendant's account an amount in excess ofthat agreed to by the parties. To the extent this paragraph contains legal conclusions, no response is required. 6. Denied. This paragraph contains conclusions that do not require a response. To the extent that this paragraph contains allegations of fact, the same are denied. 7. Admitted in part and denied in part. It is admitted that when Defendant received the money he invested in the Convertible Annuity Certificates from the ELVIA Life Swiss Life Insurance Company, it was paid in U.S. dollars. It is specifically denied that by reason of such representations instead of transferring the amount in Swiss Francs, Plaintiff transferred an amount in U.S. dollars. To the extent this paragraph contains legal conclusions, no response is required. 8. Admitted in part and denied in part. It is admitted that Defendant did not return funds to Plaintiff. It is specifically denied that the funds transferred by Plaintiff to Defendant were excess funds. '1""~~,_, . I ..'" 9. Denied. It is specifically denied that the total principal amount which became due as a result thereof, after allowing for all proper credits, if any, was $57,526.27. 10. Denied. It is specifically denied that Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6% per annum to the past due balance. It is further specifically denied that as of November 1, 2000 the total amoUlit of interest due to Plaintiff is $12,179.81. To the extent this paragraph contains legal conclusions, no response is required. 11. Denied. Paragraph 11 contains conclusions of law to which no response is required. To the extent this paragraph contains factual allegations, they are specifically denied. 12. Admitted. By way of further answer, it is specifically denied that Defendant owes any money to Plaintiff. WHEREFORE, the Defendant, Joseph Wyatte, respectfully requests that this court enter judgment in his favor and against the Plaintiff, together with costs, including attorneys fees as allowed by law. Count II (Unjust Enrichment) 13. Defendant incorporates herein by reference his answers as set forth in paragraphs 1 through 12 above. 14. Paragraph 14 is a sentence fragment and, as such, is unintelligible. To the extent this paragraph contains legal conclusions, no response is required. To the extent this paragraph contains allegations of fact, the same are specifically denied. ,-, < " "!,,r 15. Denied. It is specifically denied that at all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid monies and that Plaintiff expected to be repaid for such. 16. Denied. It is specifically denied that at all times materials hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said monies and to incur damages. To the extent this paragraph contains legal conclusions, no response is required. 17. Denied. This paragraph contains legal conclusions to which .no response is required. 18. Denied. This paragraph contains legal conclusions to which no response is required. WHEREFORE, the Defendant, Joseph Wyatte, respectfully requests that this court enter judgment in his favor and against the Plaintiff, together with costs, including attorneys fees as allowed by law. Count III (Conversion) 19. Defendant incorporates herein by reference his answers as set forth in paragraphs 1 through 18 above. 20. Admitted in part and denied in part. It is admitted that on or about April of 1997, Plaintiff wired funds into Defendant's account. After reasonable investigation, Defendant is without knowledge or information as to whether said funds were wired on April 23, 1997; therefore, such allegation is specifically denied. -" - ,-"- -I ----\ , r ~ ~ - 21. Denied. It is specifically denied that Plaintiff wired funds in excess of that which was requested. 22. Denied. It is specifically denied that the excess amount wired was in the amount of$57,526.27. 23. Denied. It is specifically denied that said excess funds belong to the Plaintiff. To the extent this paragraph contains legal conclusions, no response is required. 24. Denied. It is specifically denied that Defendant took possession of said funds knowing they did not belong to Defendant. To the extent this paragraph contains legal conclusions, no response is required. 25. Denied. This paragraph contains conclusions of law to which no response is required. 26. Denied. This paragraph contains conclusions of law to which no response is required. By way of further answer, it is specifically denied that as of November 1, 2000, the total amount of interest due to Plaintiff is $12,179.81. 27. Denied. This paragraph contains conclusions of law to which no response is required. 28. Admitted. By way of further answer, it is especially denied that Defendant owes any money to Plaintiff. WHEREFORE, the Defendant, Joseph Wyatte, respectfully requests that this court enter judgment in his favor and against the Plaintiff, together with costs, including attorneys fees as allowed by law. 'il$,po ,~~ ,~~H , ~ ~., '_ , . , NEW MATTER 29. Plaintiff s complaint fails to state a claim upon which relief can be granted. 30. Plaintiffs claims are or may be barred by operation ofthe doctrines of estoppel, waiver and laches. 31, Plaintiffs claims are or may be barred by the applicable statutes oflimitations. 32, Plaintiffs claims are barred by accord and satisfaction. 33. Plaintiff has suffered no damages in this matter. 34. Plaintiffs claims are barred by the doctrines of waiver and release. -;'"~--~ '" ~ ""--.,,,.~. - - I ",-, " - "; -- . . WHEREFORE, the Defendant, Joseph Wyatte, respectfully requests that this court enter judgment in his favor and against the Plaintiff, together with costs, including attorneys fees as allowed by law. Respectfully submitted, RHOADS & SINON LLP By: ~/Ul e ~A~~ Thomas A. French Susan E. Schwab One South Market Square P. O. Box 1146 Harrisburg, PAl 71 08-1146 (717) 233-5731 Attorneys for Defendant I ,c.., ~ ., ,0 1-,"" , - . VERIFICATION Joseph Wyatte, deposes and says, subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Defendant's Answer to Complaint with New Matter are true and correct to the best of his knowledge, information and belief. Date: / a - / 9 ~ J. ~ ~~ <\'$;_Jf", - . .':--'~ ~,-" ~~ f .r- , .' , ~ . . CERTIFICATE OF SERVICE I hereby certify that on this JJljday of December, 2000, a true and correct copy ofthe foregoing Defendant's Answer to Complaint with New Marter was served by means of United States mail, first class, postage prepaid, upon the following: Ronald Amato, Esquire 107 North Commerce Way Bethlehem, P A 18017 ';~" "-- .-~,,-~-_~'>l _.,-, '~'~I . ., " . . I " I I! Ii " Ii I: II II I' ~ ,I Ii II li Ii " Ii i"~~ ~'. ~. " - ,. " 'I "~~ -. -' , "', ,- ., - ~~. .~. ~.. 0' .. ..;=~"'. ,_,. ^' . . () a c 0 0 <- -q -rJf~ C:J ,..,__ ....J n., -'r -.!Ir-:l -<-;:::.-: OJ :~T] i-~ -<- .2: (1:) 'D -< "-". ~:: , :;) j.'" -. ~~'7 , ., .r.:':: ,< --" ~-"j i?i 5> '--..' (.= ':? i:~5rTl Z -; -"j .:.....> );-" -< (FI :D -< .,.<___"~~ ,_"~'IlllIM~lIm;!li~T~IiNI~~~-~@i,~~i!>"'~QlIM1IllI~li"lrnwP<%,,,,,~,,,g'fj<li;,,,w,'l\;?;,(.8'I'<r\"""'--~~N'~"'1',,,,,H!i"~F~~V,,,,",f1j~~~'fi&_'*1\~'.~fl,,"!Mf'I~_~!~i'Il COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW UBS SA Plaintiff No. 00-7872-Civil vs. JOSEPH WYATTE CIVIL ACTION Defendant(s) PLAINTIFF'S REPLY TO NEW MATTER 29. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 30. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 31. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 32. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 33. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 34. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. WHEREFORE, Plaintiff requests Your Honorable Court enter judgment in favor of Plaintiff and against Defendant in accordance with the prayer of the Complaint. AMA TO A By: onald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 '~l=;_ -~~ o.^ .'-,-'V\~,_],,,,,, ;1," -.~-"';--~'r'"f"r-'!. ._<_.____~_,_~,""', ,". _~ _'_.~-_, ," ~. _ ,_. _,'~'"' _, , ..-,,- VERIFICATION I, Michael Kennedy, Esquire, hereby state that I am the attorney-in-fact for Plaintiff in this action and, as such, am authorized to make this verification on behalf of Plaintiff as their verification cannot be obtained within the time allowed for filing, that the statements of fact made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief based upon the information and docmnentation provided by Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. r1Jff_ire Attorney for Plaintiff '''-Xc'', ':_"'., _ -~_-_'."lt'" "",-.,..", "'-"'_"="'c"",_<,~__ _",._.'='" "'<"'.,",,',_, _,,_, ,P, N'_' _~ .,_ __< COURT OF COMMON PLEAS OF CUM~ERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UBS SA Plaintiff No. 00-7872-Civil vs. JOSEPH WY A HE CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Reply to New Matter was served via first class mail, postage prepaid on January 18, 2001 : Susan E. Schwab Rhoads & Sinon LLP One S. Market Sq. PQ Box 1146 HARRISBURG PA 17108-1146 AMAT~E' P.C. By: onald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 j>", , , "~ ," "1~-_-xr~_,,,,f'- '! ~'~_',,#'_"'_''''''~I <1"""_,,,' - , ,-~ - ~ . ",">,. .,- ~- - - ,< ", --~ -, . ~, UBS SA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-7872 CIVIL CIVIL ACTION - LAW JOSEPH WYATTE IN RE: MOTION TO COMPEL ORDER AND NOW, this I(,r day of March, 2001, a brief argument on the plaintiff's motion to compel is set for Thursday, AprilS, 2001, at 3:00 p.m. in Courtroom Number 4, Cumberland County, Pennsylvania. BY THE COURT, Ronald Amato, Esquire For the Plaintiff ,,/1/1 :rlm .f\;..J- l~ _1<1,0 \ 03 ~( ~\-? Susan E. Schwab, Esquire For the Defendant l-r,;Yl> '.' " .- "--Y',_~"ii' '~"'.-",_, .of.' v -~_ 1-_ _, _ ~ ,- , __F"" :.ill.M.k!t..~:~~I!lIili;~..1&~ili~~~W~,",...__,_lt~~1>"",~:\!i",,i:";If"n;i$i,W;it;w,j~~~fIi%i''''~ }j~w- -llllI:iIlllii4'JjlOSll'llu'l-J:I~~~" '='"""-- .,. ~"" "" ~~~- ""-- .._. ,~ ,. .~. '<A_._ -y",k__ . ~.O.' - I ...- ~_. Ol>a~ ;} FlLEp"_p!J(YI\ . ,...i\{jTt\FlY OJ fllID.., MIj 1 b p!4 ;; 2:.')1 CWr' . . lOc/'Ll'i'-- PEN/VSW,~ COUNry L..vA/VIA e'''. . -"~'. "-"'.'~ "."-'"..; " l1CiM -".' ~~~'>'.," , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW UBSSA Plaintiff No. 00-7872-Civil vs. JOSEPH WYATTE CIVIL ACTION Defendant(s) ORDER AND NOW, this day of , 2001, upon consideration of Plaintiff's Motion to Compel Answers to Interrogatories and Production of Documents, it is hereby ORDERED that the Motion is GRANTED; and it is FURTHER ORDERED that Defendant shall make full and complete answers to Plaintiff's Interrogatories 5, 6, 8, 9, 10, 14 and 15 and provide documentation responsive to Plaintiff's Request for Production of Documents 2, 3, 4, 9 and 10, without objection or motion for protective order, within twenty (20) days of the date of this Order or appropriate sanctions shall be imposed upon Defendant following application to this Court; and it is FURTHER ORDERED that counsel fees of $250.00 are awarded to Plaintiff and against Defendant as compensation for the preparation and presentation of this Motion. BY THE COURT: J. ;If{,.;;;., -,-, -"h4_>1'_,"',_O;_"~_-_;.Uo"_._"-w"',.r_,'IV~""_'-,- ~ _ '_"_~",' _._" -~, , '-'0",_ ," f COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UBSSA Plaintiff No. 00-7872-Civil vs. JOSEPH WYATTE CIVIL ACTION Defendant( s) PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO ANSWER PLAINTIFF'S INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS Plaintiff, by its undersigned counsel, moves this Court for an Order pursuant to Pa. R.C.P. 4019 to compel Defendant to respond to Interrogatories and Request for Production of Documents, and in support thereof says as follows: 1. Plaintiff fIled suit against Defendant in this matter on November 6, 2000. 2. Plaintiff's suit was based upon Plaintiff forwarding funds to Defendant from Switzerland. Plaintiff contends that there was an error in sending said funds in that the dollar amount was calculated incorrectly based on the amount being in Swiss Francs or United States Dollars. 3. Defendant has denied that he received funds in excess of what was supposed to be transferred. 4. Plaintiff served Interrogatories and Request for Production of Documents upon Defendant, through its counsel, via first class mail, postage prepaid, on January 31, 2001. A true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit "A". 5. These Interrogatories and Request for Production of Documents were aimed at :,.,~__r."f -". -^ ""~"'"r_e_ "".'~- '" --"--I'~-~-=" '-",'_;f , ~7, _ I', p_ _ _ ~''" .. determining what amount of money Defendant wanted to be transferred versus the amount Defendant actually received. 6. On February 28, 2001, Defendant mailed to Plaintiffresponses to the Interrogatories and Request for Production of Documents. A true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit "B". 7. Defendant objected to Interrogatories 5, 6, 8, 9, 10, 14 and 15 and Request for Production of Documents 2, 3, 4, 9 and 10 on the basis of being overbroad, unduly and unreasonably burdensome and oppressive as well as on the basis that the relationship between Plaintiff and ELVIRA Swiss Life Insurance and JML Swiss Investment Counselors was not defIned or explained in the Complaint or defIned in the Interrogatories. 8. Plaintiff has not alleged a relationship between Plaintiff and ELVIRA Swiss Life Insurance or JML Swiss Investment Counselors. 9. References to ELVIRA Swiss Life Insurance were made by Defendant in his Answer. See Defendant's Answer paragraphs 4 and 7. 7. References to JML Swiss Investment Counselors was made for the fIrst time by Defendant in his objection to Plaintiffs Interrogatories. 10. The information objected to is what is at the heart of the case and said information is necessary to a truthful and just resolution of the matter. 8. Plaintiff has given Defendant, through counsel, notice of the fIling and/or presentation of this Motion by fIrst class mail, postage prepaid, addressed as indicated in the CertifIcate of Service, attached hereto. 9. Plaintiff Requires an Order pursuant to Pa. R.C.P. 4019(a)(1)(i) and 40l9(c)(5) compelling Defendant to answer said Interrogatories and Provide the requested documents. X_~~_F' - - ~ " '?"-__""'__".",,,,,,,,,,,,.,_,";;,_"."c<_(/f'" ", -;1'''"r.~-'-?~ ,'_^, ""'" ~_, "-~f"- - , -"','" ~, ~'-"..""'" ~. 10. Defendant has not fIled a motion for protective order regarding the discovery at issue. WHEREFORE, Plaintiff respectfully requests the Court to approve the proposed Order, annexed hereto. J!C,. . - , "".",,"'. '" __"~,' . '. 'C ,eJ_ I,' _"'-' _ . " ,_ ,<_ " _ " ,_ _ __,~_O_ , ",,,. ~_ _ __ Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UBSSA Plaintiff No. 00-7872-Civil vs. JOSEPH WYATTE CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Motion to Compel Answers to Interrogatories and Production of Documents was served via first class mail, postage prepaid on March 5, 2001, upon the following: Susan E. Schwab Rhoads & Sinon LLP One S. Market Sq. PO Box 1146 HARRISBURG PA 171(jS-1146 Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ~~-~".~-,..,,,_. P", ,'."",' ","",,,, ""P"':i-"""~' ~'" ""1 "'\~,' ' _0'" ""'_o"c_ __'_'~!_"" ~,_,,' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UBS SA Plaintiff No. 00-7872-Civil vs. JOSEPH WYATTE CIVIL ACTION Defendant(sl PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DEFINITIONS Please see the definitions used in Plaintiff s interrogatories which are incorporated herein by reference. INSTRUCTIONS Please see the definitions used in Plaintiff's interrogatories which are incorporated herein by reference. PLEASE PROVIDE THE FOLLOWING DOCUMENTS: 1. All writings, letters, memoranda, phone messages and the like between Defendant and Plaintiff. 2. All documents evidencing the amount of money Defendant had invested in the Convertible Annuity Certificates from the Elvia Swiss Life Insurance Company. 3. All documents regarding Defendant receiving money or requesting a transfer of money from his Annuity Certificates from the Elvia Swiss Life Insurance Company. 4. All documents Defendant received from any other entity or person regarding the transfer 1 I EXHIBIT A -!,,_~l(., ,_< --""""'>""<~ , - - ~~,'~ , -,.". as set forth in Plaintiffs complaint. 5. All documents referred to in defendant's answer to plaintiff's interrogatories. 6. All documents used or referred to by defendant in answering plaintiff's interrogatories. 7. All documents defendant intends to use at trial or arbitration. 8. All documents defendant intends to introduce at trial or arbitration. 9. All documents regarding Defendants Convertible Annuity Certificates from ELVIA Life Swiss Life Insurance Company. 10. Copies of bank statements during !he period of January 1997 through October 1997 regarding the account to which the transfer was made. 1 L All correspondence sent by defendant to plaintiff or plaintiff's predecessors. </)0 Ronald Amato Attorney ID #32323 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 2 " COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UBS SA Plaintiff No. 00-7872-Civil vs. JOSEPH WYATTE CIVIL ACTION Defendantlsl PLAINTIFF'S INTERROGATORIES ADDRESSED TO DEFENDANT DEFINITIONS The following definitions apply to words or terms used in these interrogatories and requests for the production of documents: 1. Whenever the word "you" or "your" appears herein and whenever the designation of the party served with these interrogatories and requests to produce appears herein and whenever any person or entity is referred to herein, such word, designation, person or entity shall be construed to mean not only the party served with these interrogatories and requests to produce, other person or entity in his, her, its, or their own right, but also his, her, its, or their agent, servants, workmen, representatives, employees, or attorneys. If the party to whom these interrogatories and requests to produce are addressed is not an individual(s), "you" or "your" includes the entire entity, its divisions, its merged or acquired predecessors, its present and former officers, directors, agents, employees, and all other persons acting or purporting to act at the direction of or on behalf of it or its predecessors. 2. The word "representative" or "representatives" includes any consultant, surety, indemnitor, insurer, employee, agent, adjustor, or investigator for the party or party's insurer. .if 3. The term "Plaintiff" as used herein refers to Plaintiff in the above action and, where applicable in context, its employees, consultants, representatives, agents, heirs, assigns, and all other persons acting or purporting to act on its behalf. 4. The term "Defendant" as used herein refers to Defendant in the ensuing action, and, where applicable in context, its officers, directors, employees, consultants, representatives, agents, and all other persons acting or purporting to act on its behalf. 5. The term" statement" includes a written statement signed or otherwise adopted or approved by the person making it. It also includes a stenographic, mechanical, electrical or other recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. It also includes any verbal or oral statements. 6. "Describe" or "state" or "set forth" means to indicate fully and unambiguously each fact relevant to the answer called for by the interrogatory of which you have knowledge. 7. The term "document" or "documents" refers to written, transcribed, filmed, recorded, printed and graphic matter of every kind and description, however produced or reproduced, including, but not limited to, checks, bank drafts, invoices, memoranda, receipts, correspondence, photographs and drawings, graphs, charts, telegrams, letters, contracts, agreements, diaries, notes, reports, minutes, analyses, projections, work papers, photographs, diaries, sketches, drawings, calendars, minutes, tables, information stored in a computers memory, machine readable cards, discs, tapes or computer printouts of any board of directors or committee thereof, and records of any event, written or oral communication and recordings (tape, disc, or other) of events or oral communications and other data compilations in whatever 2 form from which information may be obtained or translated through human, mechanical, or other means into a reasonably usable form including drafts, copies, transcripts, and summaries of any of the foregoing whether or not within the possession, custody or control of Plaintiff. As used herein, "document" or "documents" also refers to the originals of the materials listed as weB as all copies, reproductions, and printouts of such documents which bear any notations or other alterations not found on the original or which differ in form or in substance from the original, whether or not written, in the possession, custody Or control of Plaintiff or that of its subsidiaries, affiliates, divisions, or otller organizations, units or their parent(s) or representatives(s). 8. As used herein, documents "relating to" or "which relate to" any given subject shall mean each document that constitutes, deals with, refers to, evidences, memorializes, or is in any way pertinent to that subject, including, without limitation, documents concerning the preparation of other documents, transcripts, summaries, affidavits and statements. 9. The term "identify" or "identity" as used herein in connection with or in reference to a document means to: a. State the type of document, e.g., letter, memorandum, note, etc., the number of pages thereof, the title and date ofthe document, the time of preparation, dispatch,and/or receipt of the document, and identify the person or organization, preparing, or participating in the preparation of the document, the person or persons to whom copies of the document were to have been sent and the place or places where such document was dispatched and/or received; b. Give a brief summary of its contents; c. State the names and addresses of all persons whom you know or believe to have 3 possession, custody or control of the document and of any copies thereof. If any document was, but no longer is, in your or your organization's control, state what disposition was made of it and the date of such disposition; d. the name and address of the person(s), if any, who drafted, prepared, compiled or signed it what person is in possession of the document or copy thereof, and identify the person or organization, preparing, or participating in the preparation of the document, the person or persons to whom copies of the document were to have been sent and the place or places where such document was dispatched and/or received; e. the date on such document and or the date of its creation; f. all other means of identifying the document with sufficient particularity to satisfy the requirement for inclusion in a request to produce documents under Rule 4009 of the Pennsylvania Rules of Civil Procedure; or in a subpoena duces tecum; g. With respect to each document which you contend is confidential, designate each such document numerically, e.g., Document 1, Document 2, etc., and state the number of pages, date, its present location and its custodian's identity. 10. "Person" or "individual" means and includes any natural person or individual, and also means and includes any proprietorship, partnership or limited partnership, group of natural persons, corporation, unincorporated association, association, organization, joint venture, tirm or other enterprise (whether or not for profit), and any governmental body, political subdivision, government or government agency, quasi-public entity, or other form of entity. Where a particular request, question or interrogatory refers to a "person", it refers to both all natural persons and to all persons other than natural persons. 4 "-"-"--<" , ,~ .. -'~ "" .-.'., .;--,.' ." <"" 1 " 11. The term "identify" or "identity" as used herein in connection with or in reference to an individual person means to: a. State his, her, or its full name, title, present or last known residence address, present or last known business, professional position, or affiliation and address, telephone number, and the person for whom he, she or it was representing or acting the full name and address of each of his or her employers. b. With respect to each individual whose identity you contend is confidential, designate each such individual by letter designation, e.g., Person A., Person B., etc., and state his or her sex, age, race, and region of the country in which he or she resides, e.g., vicinity of Lancaster, vicinity of Pittsburgh, etc., and state the reason why you believe the identity of such person should remain confidential. 12. The term "identify" or "identity" as used herein in connection with or in reference to a company, corporation, joint venture, firm, association, partnership or other legal entity or subdivision thereof not a natural person means to state: a. State its full name, address of its principal place of business, a description of the type of entity involved, (e.g., corporation, partnership, etc.) its affiliation, including a corporation's parent, or the partner or members of the venture, and a brief description of the primary business in which such entity is engaged. the partners or officers b. the identity of the natural person or persons within the entity who were involved in the decision. act or transaction in question. 13. The term "identify" or "identity" as used herein in connection with or in reference to an oral communication, means to state in each instance: (a) the identities of the persons 5 ;':~-~ , --~ ~,~ -~ ,- '- ~. 'I . !. .~ communicating; (b) the actual and intended recipients of the communications; (c) the identity of each person present or otherwise aware of the substance of the communication; (d) the date, time, and place it was made; and (e) the identity of any document or writing that embodies, records, reflects, or otherwise refers to such oral communication. 14. "Discussion" means oral com:nunication. 15. "And" means "and/or" . "Or" means "and/or" 16. "All means "any and all". "Any" means "any and all" 17. "The incident or occurrence" refers..to the action upon which the claim is based as set forth in the complaint. 18. "Relevant period" refers to that time period during which Plaintiff and Defendant were engaged in any transaction or any negotiations or occurrences upon which a transaction arose from. 19. "Each" means "each and every". "Every" means "each and every". INSTRUCTIONS 20. These interrogatories and requests to produce are to be answered pursuant to the provisions of Pa.R.C.P. 4003 et seq. Please take notice that the Plaintiff hereby requests that you produce at the offices of the undersigned, the attorney for the Plaintiff, within thirty (30) days after the service of this notice upon you, documents and things listed below pursuant to rule 4009 of the Pennsylvania Rules of Civil Procedure. 21. These interrogatories and requests to produce are continuing and any information secured subsequent to the filing of your answers is to be furnished by supplemental response pursuant to Pa.R.C.P. 4007.4. 6 I~,'I'J ,_T_',, I 22. You must serve answers to these interrogatories and requests to produce on the undersigned counsel within thirty (30) days after the serve of the interrogatories upon you or your counsel. 23. Plaintiffs hereby reserve the right to serve further interrogatories or requests for production of documents and pursue any other available discovery. 24. The use of the masculine shall include the feminine and neuter and vice versa. The use of the singular shall include the plural and vice versa. 25. Where exact information cannot be ,furnished, estimated information is to be supplied. Where an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. 26. If any document was, but no longer is in your possession or subject to your control, state what disposition has been made of it. It is sufficient to attach a copy of the document for the purpose of answering these interrogatories. 27. If you claim any privilege not to answer, identify each matter as to which the privilege is claimed, the nature of the privilege, and the legal and factual basis for the claim of privilege. 28. If a refusal to answer an interrogatory or request to produce documents is based on the grounds that it is unreasonably burdensome, please identify the number and nature of the documents needed to be searched, the location of the documents, and the number of person-hours and costs required to conduct the search. 29. In answering these interrogatories the Defendant must furnish all requested 7 I,,,:;,,!,,, .M ~ r_,~ ._ ", 'It '- ',"~' ,,' information, not subject to a valid objection, that is known, possessed by, or available to him or any of his attorney's, consultants, representatives, agents, employees, or contractors. 30. If the Defendant is unable to answer fully any of these interrogatories, he must answer them to the fullest extent possible, specifying the reason(s) for his inability to answer the remainder, and stating whatever information, knowledge, or belief he has concerning the unanswerable portion. 31. Where the answer to an interrogatory may be derived or ascertained from the records of the Defendant, legible copies of such records may be sent to the Plaintiff in lieu of answering such interrogatory. Each record sent shall bear the notation that it is being sent in answer to a particular interrogatory. GENERAL INTERROGATORIES TO DEFENDANT - SET I 1. Identify your home address and business address at the time of the transfer of funds as set forth in Plaintiffs complaint. 2. Identify each and every writing, letter, memoranda, phone message and the like between Defendant and Plaintiff. 3. Identify each and every conversation between the Plaintiff and the Defendant including: a. The party/person present; b. The date ofthe conversation; and c. The substance of the conversation. 4. Identify each employee or agent of Plaintiff who contacted Plaintiff on behalf of Defendant from 1997 to present. Identify each individual by name, job classification and 8 "'" current address. 5. Why did Defendant have money transferred from Switzerland to the United States. 6. How did Defendant request the transfer to be made? a. If via an oral communication, state the date and time of such communication as well as the name of the person spoken to. b. If via a written communication, please attach copy of same to your responses. i. if made by another party identify said party, person or corporation. .. 7. Identify all persons who have direct knowledge of Defendant's account or dealings with Plaintiff. 8. Identify the amount of money in United States Dollars that Defendant requested be transferred from his Annuity Certificates from the ELVIA Life Swiss Life Insurance Company. 9. Identify the amount of money in United States Dollars that Defendant had invested in his Annuity Certificates from the ELVIA Life Swiss Life Insurance Company at the time of transfer. 10. Was the transfer of money to take place in United States Dollars or Swiss Francs or other currency. 11. Did anyone or any entity inform Defendant that an error in the transfer was made. Identify said person and the date of communication with Defendant and the method of communication. 12. If the answer to the interrogatory above was yes what was Defendant's response. 9 f ~":'~' ~ ,- , ~,- -~r - -.",,,, 13. What amount does Defendant believe is owing to Plaintiff. 14. Identify the bank where the transfer was made. 15. Identify the account number to which the transfer was made. 16. Is Defendant still a customer of the bank in which the transfer was made. 17. State the name and home and business addresses of all persons who you intend' to call as witnesses at trial. 18. State the name and home and business addresses of all persons you expect to call as expert witnesses at trial. .. 19. State the name, title or position, office and residence address of all individuals, employees, officers, agents or representatives of Defendant who assisted in any way in answering these interrogatories. 20. Were you or any of the witnesses named in these interrogatories ever convicted of a crimen falsi crime? If yes, set forth the name of each person convicted for such a crime and as to each, the name of the crimes, state or county where they were convicted and date of each conviction. 21. Identify all exhibits or documents used or referred to in answering these interrogatories. MARGLE, P.C. Rona Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 10 r-J':~j ,,,_ .'_,"."'...." _.' , '1"-' -', Thomas A. French, Esquire Attorney I.D. No. 39305 Susan E. Schwab, Esquire Attorney J.D. No. 66722 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant( s) UBSSA-SUPPORTFRONT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION LAW : NO. 00-7872 JOSEPH WY A TTE Defendant DEFENDANT'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW comes Defendant Joseph Wyatte ("Defendant"), by and through his attorneys, Rhoads & Sinon LLP, and files the within Objections and Responses to Plaintiffs Request for Production of Documents, as follows: I. General Objections 1. Defendant objects to Plaintiffs Request for Production to the extent that it seeks disclosure of information protected by the attorney-client privilege or attorney work-product doctrine. . EXHIBIT I ~ 378/89.1 ''fl. ~I~,-_,,,,-~, - , _. -~<, -f^ , 2. Defendant objects to Plaintiffs Request for Production to the extent it seeks disclosure of Plaintiffs (and/or its representatives') mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics as protected by Pa.R.Civ.P.4003.3. 3. Defendant objects to Plaintiffs Request for Production to the extent that it calls for confidential or proprietary information. 4. Defendant objects to Plaintiffs Request for Production to the extent that it calls for information regarding matters not relevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence. 5. Defendant objects to Plaintiffs Request for Production to the extent that it IS overbroad, unduly and unreasonably burdensome and oppressive. 6. Defendant objects to Plaintiffs Request for Production to the extent that it calls for information not known to Plaintiff, nor reasonably ascertainable by Defendant because such information is in the hands of or under the control of third parties not within Plaintiffs control. 7. Defendant objects to Plaintiffs Request for Production to the extent that it calls for information already known to Plaintiff or information available to Plaintiff from sources other than Defendant which is equally accessible to Plaintiff and to Defendant. 8. Defendant objects to Plaintiffs Request for Production to the extent that it is so vague and ambiguous that it is not subject to reasoned interpretation. 2 r:~n.\l,_i~ ^.. -- '1"- . -,~ 9. Defendant objects to Plaintiffs Request for Production to the extent it imposes requirements to respond or supplement Responses to Requests beyond those which are provided for in the Pennsylvania Rules of Civil Procedure. The General Objections asserted above shall be deemed to be applicable to and continuing with respect to each of Plaintiffs Requests for Production. The General Objections asserted above are incorporated into each and every one of Defendant's responses set forth herein. Such objections are not waived, nor in any manner limited, by any responses to any specific Request for Production. Defendant reserves the right to amend, supplement, or alter its responses to Plaintiffs Request for Production at any time. II. Responses I. See documents attached. 2. Defendant objects to this response as overbroad, unduly and unreasonably burdensome and oppressive. Defendant further objects to this response, since the relationship between Plaintiff and ELVIA Swiss Life Insurance Company and JML Swiss Investment Counselor has not been defined or explained in the Complaint or in the definitional section of these Requests. 3. See response to no. 2. 4. See response to no. 2. 5. See documents attached. 3 6. See response to no. 5. 7. At this point, Defendant has not yet determined what documents, he intends to use at trial or arbitration but reserves the right to introduce any documents disclosed during discovery. As soon as such a determination is made, Defendant will update his response to this request. 8. See response to no. 7. 9. See response to no. 2. 10. See response to no. 2. 11. Defendant obj ects to this response on the basis that the term "plaintiff s predecessors" is not defined. Without waiving any objections, and in the interest of cooperating and discovery, none. Respectfully submitted, RHOADS & SINON LLP By: ,~Ml? /f!~uk- Thomas A. French Susan E. Schwab One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant 4 '1\" *UBS UBS AG P.O. Box, 1211 Geneve 2 Tel +41-22-376 45 55 REGISTERED WYATTE JOSEPH 7 W RED GOLD CIRCLE USA-PA 17011 CAMP HILL Payments Operations Center Customer Service Sebastien Zinder 47, rte de Saint-Georges 1211 Geneve 2 Tel +41-22-376 51 59 Fax +41-22-376 54 57 24 JULY 1998 Our ref. 189-07MAY97 Your ref. Our payment dated 24-APR-97 for an amount of USD 167,691.00 by order of ELvia Invest, Geneva, through your account 0205360259 with Pennsylvania State Employees Credit Union, Harrisburg Dear Sir, This letter is to inform you that the above mentionned credit to your account has been made by mistake, owing to an oversight on our part. We have since discovered that the amount involved should, in fact, be CHF 167,691.00 instead of USD 167,691.00 as executed. We are unfortunately obliged to ask you the refund of the difference of CHF 79,820.00. Would you please remit this amount to the attention of our above mentionned ref. We have been advised by Pennsylvania State Employees Credit Union, further to our request, that you did not authorize them to debit your account. Thus, we shall inform you that, if no positive reply or refund is received by us at latest on 10th August 1998, we will have no other alternative than take a legal action to recover this amount. Would you please accept our apologies for any inconveniences you may have been caused, and looking forward to hear from you, we remain S incer1y yours, , .-'~ ~~<'7~ P. Schoepfer Associate Director W00001 , hone: 011 Fl'ee: NJ 07932 973.408.6263 800-274-6454 DL . & Bradstreet ReceMlhle Management ServiceS .... .... Dun & Bradstreet un 8< Bl'adstl'eet .0. Box 965 10l'ham Pal'k JOSEPH WYATTE 7 W RED GOLD CIR CAMP HILL PA 17011-1009 Octobel' 08, 1998 Re: UBS SA-SUPPORT FRONT (W21 Claim amt: $57,526.27 Interest Amt: $4,228.18 -------------- $61,754.45 136874856-LL 042240098091621 Total Due: Claim No: Ref. No: LD1P The above cl'editol' has authol'ized us to collect this debt. It is OUI' genel'al Pl'actice to give each debtol' the oPPol'tunity to pay along amicable lines. Please see that a check is in our office within ten days. "Undel' Pennsylvania law, you have the I'ight not to be contacted any fUl'thel' by this company I'egal'ding yOUI' debt by notifying us at the above addl'ess that you I'efuse to pay this debt 01' that you do not want us to contact yOU anymOl'e. However youI' notice to us in no way affects OUI' clients right to take legal action against you. If You do notify us, we will not contact you again, except that we may contact yOU to advise you of fUl'thel' lawful action that we intend to take." Sincel'ely, ISAAC JABBOUR Int'l Accnt. Exec. IMPORTANT: REFER TO CLAIM NUMBER IN ALL COMMUNICATIONS NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION PAGE 1 OF 1 1 00002251 W00002 .'*~~~ - -"1 ,-". ., .'~ "f' ,--"",- P.O. BOX 965 FLORHAM PARK NJ 07932 .... ~. Dun & Bradstreet Fleee/vable Management Services Phone: 973.408.6263 Toll Free: 800-274-6454 -~- -- ---- - - - -- ----- -- -- --- - -- ------ - - --- -- - -- ---- - - ----- ---- - -- ----- - ---- --- ------ -- -------- - -- -- -- -- -- -- - - - - - ----- ------ - -- -- - - - - - - -- - -- - - .- JOSEPH WYATTE 7 W RED GOLD CIR CAMP HILL PA 17011-1009 November 3, 1998 Re: UBS SA-SUPPORT FRONT (W2l Claim No: 136874856 Balance of Claim: $57,526.27 Dear Sir/Madam: Repeated efforts to resolve this matter have been unsuccessful. Your credit~r hae authorized us to place this account with an attorney. Your account may be referred to legal counsel within SEVEN DAYS of this notice with instructions to take immediate action to recover this past-due balance. This action may be avoided by contacting us within the next seven days with a firm payment arrangement. We urge yOU to contact us now to prevent this action as this is our FINAL NOTICE. ISAAC JABBOUR Int'l Accnt. Exec. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION --------------------------------------------------------------------------------------------------------------------- - "- '~\T TO INSURE PROPER CREDIT, PLEASE RETURN THIS LOWER PORTION TOGETHER WITH YOUR REMITTANCE. Claim No: 136874856 $57,526.27 JOSEPH WYATTE 7 W RED GOLD CIR CAMP HILL PA 17011-1009 DUN & BRADSTREET RECEIVABLE MANAGEMENT P.O. BOX 965 FLORHAM PARK NJ 07932 SERVICES W00003 00000520 f-=g~_==,,_~ _~_-= ==~ff- ~- -.= -==_-=_= _-=_~ g=g~- ~- -.= -==_=:._= _=:._= EEffff- ff- _:::=~E5~~ff~~'.===EiFiff _ -E=-==2~~E~~ ====iff _ ~=-==ff~~ff~~ ====E = -~ !,;L"" - "." -,-" 1 ~ ,-- _ ~'.-- ." I j~ LA W OFFICES OF AMATO AND MARGLE, P.C. SUITE 100, COMMERCE SQUARE 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 RONALD AMATOt STANLEY J. MARGLE. lIlt MICHAEL J. KENNEDYt JAMES J. NARLESKYt TIMOTHY A. BIL TCLIFFt DALE R. WILESt OF COUNSEL: JEFFREY H. LEVItt ALLEI"TOWN MAILING P_O. Bo~ IIII Allenlown. PA 181O~ Margie Direct Dial: {61O) 865.9970 Margie Voice Mall: \610) 366-2484 MargIe E-Mail: smargle@amalolaw.com tAdmined PA Only ++Admitted MD and DC Only General E-Mail: email@amaloJaw.com PLEASE RESPOND TO BETHLEHEM November 3, 1999 Joseph Wyatte 7 West Red Gold Circle CAMP HILL PA 17011-1009 Re: UBS SA-SUPPORT FRONT vs. Joseph Wyatte Our File #: 993736 Amount of Claim: $57,526.27 Dear Mr. Wyatte: This office has been retained to liquidate the above claim in the amount of $57,526.27., Prompt word from you wil: enable us to assist you in disposing of this quickly &nu will avoid thE: pcssible incrpa....E: .)f y. ,ur il1debte,J~lDsf by .he arfd!tic:"I If litl]d~jol~ :::o:;ts This is an attempt to collect a debt and any information obtained will be used for that purpose. Ie , ~ -'0 nl-' -Ji~t" '..i.: t~f... "f~Pd~t. :.;f ';--i[ 4>:;t. :~ lny pr)l ti'~" .:,f it .:\~:~:. 'c~i~t of :.n::.. :: tL;( /~f; t.lii: ~ss,-,rTle it is. alid If yo j 1i3put'J t'l':l talirlity of Ihie debt t... dn', ;Jurti0rl of '1 ',-, writill~ within tr,e Jf) days, we will m3i1 verificati.n of tf1e deb: to ,!Gu~,t YO'lr re'luest, withi" the 30 day;, w," will provide you with the r:a~e and address of the original creditor if different from the current creditor. We may proceed with suit against you without waiting the 30 days, if so requested by our client. Your creditor requests that you direct full payment of $57,526.27 (plus interest) to our Allentown office without delay. Absence of any word from you will indicate you do not wish to resolve this matter amicably and will force us to make further recommendations to our client without further notice to you. Very truly yours, AMATO AN~RGLE, P.C. By: ~L Ronald Amato GSIGS dl0lr W00004 i'~_ .1 - ~,< r " . r ~ ',Ji: LAW OFFICES OF AMATO AND MARGLE, P.C. SUITE 100, COMMERCE SQUARE L07 NORTH COMMERCE WAY BETHLEHEM, PA L80L7-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 RONALD AMATOt STANLEY J. MARGLE. lIlt MICHAEL J. KENNEDYt JAMES J. NARLESKvt TIMOTHY A. BIL TCLIFFt DALE R. WILESt OF COUNSEL JEFFREY H. LEVItt ALLE!\.:TOWr>; ~IAILlNG P.O. Bo.~ IIII Allentown. PA 18105 MargIe Direct Dial: (610) 865.9970 ~argleVoiceMail:(61O)366-2484 MargIe E-Mail: smargle@amalOlaw.tom +Admitted PA Only ++Admitted MD and DC Only General E.MaH; email@amaIOlaw.com PLEASE RESPOND TO BETHLEHEM November 16, 1999 Joseph Wyatte 7 West Red Gold Circle CAMP HILL PA 17011-1009 Re: UBS SA-SUPPORT FRONT vs. Joseph Wyatte Our File #: 993736 Dear Mr. Wyatte: Please be advised that we have recommended to our client that suit be filed against you to enforce this obligation. We have been trying to reach you by phone, however the number rings during business hours without being answered. If suit is filed in this matter we will add court costs, interest and agreed charges to this claim. To prevent this possibility, it is advisable that you contact the undersigned to discuss if this matter can be resolved amicably. However, as always, that decision is yours alone. You may not be contacted again prior to the filing of suit. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Very truly yours, AMATjjO ANDj2~E .C. By: /I ,//, ~ onald Amato W00005 :j~~fII1 -, ~ .'. ." ~-".' --I ~'-'" , -~ LAW OFFICES OF AMATO AND MARGLE, P.C. SUITE 100, COMMERCE SQUARE 107 NORTH COMMERCE WAY BETHLEHEM. PA 18017-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 RONALD AMA TOt STANLEY J. MARGLE. lIlt DAVID C. SCHATTENSTEINt MICHAEL 1. KENNEDY, TIMOTHY A. BILTCLIFFt DALE R. WILES' OF COUNSEL: JEFFREY H. LEVItt ALLENTOWN M,\lllNG P.O. Box 1111 Allemown. PA 18105 Margie Direct Dial: (610) 865.9970 Margie Voice Mail: (61Ol 366-2484 Margie E.Mail: smargle@amatolaw.com 7Admitterl PA Only 7tAdmined MD and DC Only E-Mail: emailic@amatolaw.com PLEASE RESPOND TO BISTHLEHEM November 16, 1999 RICHARD FUNK PO BOX 1247 HALLSTEAD PA 18822-1247 Re: Claim of AU SECT OF COMM NEUROSUR* for sums due frorn RICHARD FUNK Amount Claimed to be Due: $7,772.00 Our File #: 99918312 Dear Mr. FUNK: This office has been retained to attempt to amicably liquidate the above claim. If you contact us it will enable us to assist you in disposing of this matter. Attorneys in this office are authorized to practice in Pennsylvania and Maryland only. We are not authorized to practice in the New York, Virginia or West Virginia. Please be further advised that, at this time, our office was retained exclusively to attempt to negotiate an amicable resolution of this claim with you. However, we have been further instructed to submit recommendations to our client on whether or not suit should be considered, if this matter cannot be resolved. If you are located outside Pennsylvania and we cannot reach a resolution with you, this matter could be later forwarded to an attorney in your area for further handling. If you are located in Pennsylvania and this matter cannot be resolved, our office could, at a later point in time, be instructed to file suit against you. However, at this time, we have been retained exclusively to attempt to resolve this matter amicably. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU DO NOT DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION OF IT WITHIN 30 DAYS AFTER RECEIPT OF THIS LETTER, WE WILL ASSUME IT IS VALID. IF YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION OF IT IN WRITING WITHIN THE 30 DAYS, WE WILL MAIL VERIFICATION OF THE DEBT TO YOU. AT YOUR REQUEST, WITHIN THE 30 DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. If vou do not dispute this claim, we ask that you direct full payment of $7,772.00 to our Allentown office. If vou do not dispute this claim and cannot pay the full amount claimed to be due in one lump sum, we would be willing to recommend any reasonable payment proposal to liquidate this debt. Absence of any wO'd from you will be interpreted by us that you do not wish to resolve this matter amicably and advise our client. Please contact either Dales Wiles, Michael J. Luckenbach or Eric Carr of our office to discuss this matter. Please issue all checks payable to "Ronald Amato - Atty for AU SECT OF COMM NEUROSUR*" and make sure that they are directed to our Bethlehem office. DO N FORWARD YOUR PAYMENT TO OUR CLIENT. RD101RIC RAfra W00006 "J.:mr ~ I - .,."" '" VERIFICATION Joseph Wyatte, deposes and says, subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Defendant's Answer to Plaintiffs Interrogatories are true and correct to the best of his knowledge, information and belief. Date: .1/ )Jj 10 I / / !itl!\.", ""'"""'"' ,~-,---~-- -~, - - 1'- ~ '< c' ~, " f,_, '1, - m CERTIFICATE OF SERVICE I hereby certify that on thiszg~day of February, 2001, a true and correct copy of the foregoing Defendant's Answer to Plaintiffs Interrogatories was served by means of United States mail, first class, postage prepaid, upon the following: Ronald Amato, Esquire 107 North Commerce Way Bethlehem, P A 18017 <:tf~_o-",_~ ~1""'" ~ L, '--I'-..-~,--,; - ".. ~. '* VERIFICATION Joseph Wyatte, deposes and says, subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Defendant's Responses to Plaintiffs Request for Production of Documents are true and correct to the best of his knowledge, information and belief. Date: v~/,2 ~/ 0 ! ~~ '-~'T_ "~_~_""".,,.__~..,_)_ ~I .,-", " - CERTIFICATE OF SERVICE I hereby certify that on this.zt~ay of February, 2001, a true and correct copy of the foregoing Defendant's Responses to Plaintiffs Request for Production of Documents was served by means of United States mail, first class, postage prepaid, upon the following: Ronald Amato, Esquire 107 North Commerce Way Bethlehem, P A 18017 378189.1 :~,"" 1IIMtil~.."!'>,. ."-" ?--I""-' r-. . --, ~ Thomas A. French, Esquire Attorney J.D. No. 39305 Susan E. Schwab, Esquire Attorney J.D. No. 66722 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 171 08-1146 (717) 233-5731 Attorneys for Defendant(s) UBSSA-SUPPORTFRONT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION LAW : NO. 00-7872 JOSEPH WY A TTE Defendant DEFENDANT'S ANSWERS AND OBJECTIONS TO PLAINTIFF'S INTERROGATORIES NOW COMES, Joseph Wyatte ("Defendant"), by and through his attorneys, Rhoads & Sinon LLP, and files the following Answer to Plaintiffs Interrogatories: I. General Objections 1. Defendant objects to Plaintiffs Interrogatories to the extent that they are overbroad, unduly and unreasonably burdensome and oppressive. 2. Defendant objects to Plaintiffs Interrogatories to the extent that they are duplicative, unreasonably cumulative and oppressive. 377933.1 ~"O" - [ ~, r.---- 1 '" . I ~ " 3. Defendant objects to Plaintiffs Interrogatories to the extent that they can for the identification or production of information that is protected from discovery by the attorney-client privilege, the work -product doctrine or any other applicable privilege or protection, including but not limited to the mental impression of counselor Defendant's representatives as to the value or merits of its claim. 4. Defendant objects to Plaintiffs Interrogatories to the extent that they seek confidential business information or proprietary and trade secret information. 5. Defendant objects to Plaintiffs Interrogatories to the extent that the information sought is already known to or in possession of Defendant. 6. Defendant objects to Plaintiffs Interrogatories to the extent that providing an answer to them in light of Plaintiffs definitions and instructions would cause unreasonable annoyance, harassment, oppression, undue burden and extreme expense. 7. Defendant objects to Plaintiffs Interrogatories to the extent that said Interrogatories can for information regarding matters not relevant to the subject matters of this action and not reasonably calculated to lead to the discovery of admissible evidence. 8. Defendant objects to Plaintiff's Interrogatories to the extent that they are so vague and ambiguous that they are not subject to reasonable interpretation, are argumentative or assert as fact anegations that are not at issue in this action. 2 ~""",~ , 1-<- ~,~ . T"'..,,~ "r' ''''' 9. Defendant objects to Plaintiffs Interrogatories to the extent that they call for legal conclusions. The General Objections asserted above shall be deemed to be applicable to and continuing with respect to each of the Plaintiffs Interrogatories set forth below. The General Objections asserted above are incorporated into each and every one of Defendant's responses set forth herein. Such objections are not waived, nor in any manner limited, by any responses to any Interrogatory. Defendant's reserves the right to amend, supplement, or alter its responses to Plaintiffs Interrogatories at any time. II. Answers to Interrol!:atories I. Defendant's Home and Business Address is, and was at all times relevant to the matters set forth in the Complaint, 7 West Red Gold Circle, Camp Hill, Pennsylvania 17011-1009. 2. Plaintiff objects to this interrogatory as overbroad, unduly and unreasonably burdensome and oppressive. Without waiving any objections and in the interest of cooperating in discovery, the following documents are responsive to this interrogatory: (i) Document dated July 24, 1998 - Letter from UBS AG Customer Service to Joseph Wyatte. (ii) Document dated October 8, 1998 from Dunn & Bradstreet Receivable Management Services. 3 ~-'~' ~-""-, -,,;:'" - ~-'.-~--'- i'~I_ ""-,1,-, - C',''"1 '". '-l" (iii) Document dated November 3, 1998 from Dunn & Bradstreet Receivable Management Services. (iv) Letter dated November 3, 1999 from the Law Offices of Amato & Margie, P.c. (v) Letter dated November 16, 1999 from the Law Office of Amato & MargIe, P.C. (vi) Letter dated November 16, 1999 from the Law Office of Amato & MargIe, P.C. 3. There have been no conversations between Plaintiff and Defendant, other than through counsel. 4. Defendant objects to this interrogatory on the basis that it is confusing and unintelIigible as written. The words Plaintiff and Defendant appear to be incorrectly placed. 5. Defendant objects to this interrogatory as overbroad, unduly and unreasonably burdensome and oppressive. Defendant further objects to this interrogatory since the relationship between Plaintiff and ELVIA Swiss Life Insurance and JML Swiss Investment Counselors has not been defined or explained in the Complaint or in the definitional section of these interrogatories. 6. See answer to interrogatory no. 5. 7. Defendant obj ects to this interrogatory on the basis that Defendant never had an account with Plaintiff. Without waiving any objections, by way of further answer, and in the 4 ~; ," ~ ~ . ~ . I' "< """ ,~ ;a ~~"",'_...,.e",".." " interest of cooperating with discovery, in addition to counsel, Defendant's wife, Mary S. Wyatte, has direct knowledge of Defendant's dealings with Plaintiff. 8. See answer to interrogatory no. 5. 9. See answer to interrogatory no. 5. 10. See answer to interrogatory no. 5. I!. See letter dated July 24, 1998, UBS AG Customer Service, which speaks for itself, and has been produced in response to Plaintiffs Request for Production of Docurnents. 12. Defendant did not respond to UBS AG's July 24, 1998 letter. 13. None 14. See answer to interrogatory no. 5 15. See answer to interrogatory no. 5. 16. See answer to interrogatory no. 5. 17. At this point, Defendant has not yet determined who his witness( es) will be at trial. As soon as such a determination is made, Defendant will update his answer to this interrogatory. 18. At this point, Defendant has not yet determined who its expert witness( es), if any, will be at trial. As soon as such a determination is made, Defendant will update his answer to this interrogatory. 19. In addition to Defendant, Susan E. Schwab, Esquire, of Rhoads & Sinon LLP assisted in preparing the answer to Plaintiffs interrogatories. 5 >.,."" ," ~-I --"''',,",,"- ,-" 'C ,- , ..." ~ iil -,-, , 20. No. 21. At this point, Defendant has not yet determined what exhibits he will use at trial but reserves the right to introduce any documents disclosed during discovery. As soon as such a determination is made, Defendant will update his response to this interrogatory. Respectfully submitted, RHOADS & SINON LLP . By: _~M1 f! #Um& Thomas A. French Susan E. Schwab One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant 6 CO",'_,,> '" ''''I' ~!, -7, --I i~ ,r,- . . . ~ Thomas A. French, Esquire Attorney J.D. No. 39305 Susan E. Schwab, Esquire Attorney J.D. No. 66722 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant( s) UBSSA-SUPPORTFRONT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION LAW : NO. 00-7872 JOSEPH WY ATTE Defendant DEFENDANT'S REPLY TO PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO ANSWER PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS NOW COMES, Joseph Wyatte ("Defendant"), by and through his attorneys, Rhoads & Sinon LLP, and replies to Plaintiffs Motion to Compel Defendant to Answer Plaintiffs Interrogatories and Request for Production of Documents as follows: 1. Admitted. 2. Denied. Plaintiffs suit is set forth in its Complaint which is a document that speaks for itself. 3. Admitted. 4. Admitted. 5. Denied. Plaintiffs Interrogatories and Request for Production of Documents are documents which speak for themselves. 381347.1 ,iJi~l<!l!o;I~_ ,.,- , . ,,- # 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 7.(sic) Admitted. 10. Denied. The allegations in ~1O contain legal conclusions to which no response is required. By way of further answer, Defendant's counsel has requested that Plaintiff voluntarily explain the relationship between it and ELVIA Life Swiss Life Insurance Company ("ELVIA") and JML Jiirg M. Lattmann AG, Swiss Investment Counsellors ("JML") in order to avoid this discovery dispute and since ELVIA and JML were the only entities Defendant dealt with in Switzerland regarding his investments in Switzerland. A true and correct copy of Defendant's counsel's letter dated March 23, 2001 to Plaintiffs counsel is attached hereto as Exhibit "A" and incorporated herein by reference. 8.(sic) Admitted. 9.(sic) Denied. Plaintiffs Motion and Order attached to said Motion are documents that speak for themselves. 10. Admitted. WHEREFORE, Defendant, Joseph Wyatte, respectfully requests that this Court deny Plaintiffs Motion to Compel Defendant to Answer Plaintiffs Interrogatories and Request for Production of Documents. -2- -,~_B!,,~,_~ ~, ._'" _'r,_, --'j;f~ ~,~,c~ ;-,,__. '''',''.','<''' _" --,-1'-', " . RHOADS & SINON LLP By: od-u/1-#l 2 ~~cv/r Thomas A. French Susan E. Schwab One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant - 3 - "I -,'':''- .-- CERTIFICATE OF SERVICE I hereby certify that on this ?3dctay of March, 2001, a true and correct copy of the foregoing Defendant's Reply to Plaintiff's Motion to Compel Defendant to Answer Plaintiff's Interrogatories and Request for Production of Documents was served by means of United States mail, first class, postage prepaid, upon the following: DES SA-Support Front c/o Ronald Amato, Esquire 107 North Commerce Way Bethlehem, PA 18017 ~"UlJ1).~n~ / R sell D. Fuller 'CiFW'W ~~~ "'~_~~_ ,,"~_.. "n ,~~ '-"I"--'-~" "0"".__, '''C,"",,<-"' ~< "h_' ~ , ~". 0 0 0 c: " s: :~.: --~ -0('- ::;c. mrT; :::0 Z:;:-J -l"'-..) ~~i:: cr, G::C) <J ~E:C~ ........,. ~~() t.:.~j -I> -:: . C ~ ::"_'J --<: (T' ~" 1!lI~~ ~,.,"lIl'i~~:!'ll'l~ 1II~~4'!1m'!"-_-'%"I-">i1i!.ii!'l!"[!<'\t~_)~~~"W!'~~~~~>!lI$:!!1'l~~Ii!1!11'l'~" _ ._" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UBS SA Plaintiff No.00-7872-Civil vs. JOSEPH WYATTE CIVIL ACTION Defendant{sl PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above-captioned case WITHOUT prejudice. ~~A~~ Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, P A 1801 7 (610) 866-0400 c;J!M ^ ., . ,~",.<.',," ,>", "".' , "~-- .-- '0 '01 I u_ -~ " ~"~ ' y~~ -V' ,""""1"''''' '.,,', ,,~ ." "e "~,, ~~ ('") c::; -.[ c f"',,,> -o~ => ~-.", '"Un:? " r;pr.r "~ t3S~ ;,,'l ill ,-, ~(:; ___f ~:~) "'D -,-~ ,. ~c-' - r~J ~; z ~' >2 N ~~rn ~ ,::> ~ ::;J <::> , _.~ ,""~",,,,~ ". .Lf ~,' -,,"'"