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HomeMy WebLinkAbout01-04636IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY A. MASON, : COMMON PLEAS NO. 01-4636 : CIVIL TERM Plaintiff, V. THE VENATOR GROUP, INC., Defendant. COMPLAINT NOW COMES Jeffrey A. Mason, Plaintiff in the above captioned matter, by and through his attorneys, Clark Law Office, who avers as follows: 1. Plaintiff is Jeffrey A. Mason, an adult resident of the State of Ohio, having an address at 12359 Raintree Avenue, Pickerington, OH 43147. 2. Defendant is The Venator Group, Inc. a New York corporation, having an address for service of process at 3543 Simpson Ferry Road, Camp Hill, PA 17011. 3. Mr. Mason was formerly employed by Defendant between March, 1999 and April, 2001. 4. Defendant verbally promised incentive compensation (the "Incentive Compensation") to Mr. Mason as part of his compensation from employment. 5. The Incentive Compensation was to be based in part on savings achieved by the efforts of Mr. Mason as Regional Manager on behalf of Defendant in Fiscal Year 2000. 6. The achieved savings on which Incentive Compensation is based was to be pro- rated for the time in which Mr. Mason was responsible for said savings as Regional Manager. 7. Mr. Mason met all criteria for payment of Incentive Compensation and, as Regional Manager, achieved savings for Defendant in the amount of $383,607 in Fiscal Year 2000, thereby qualifying for Incentive Compensation of $4,384.64, after pro-ration for the time in which Mr. Mason was Regional Manager. 8. To date, Defendant has paid Mr. Mason $1,059.64 of the Incentive Compensation that Mr. Mason earned as Regional Manager, and has failed to pay Mr. Mason the amount of $3,325.00 despite Mr. Mason's demand for full payment of Incentive Compensation. COUNT I-Breach of Contract 9. Mr. Mason incorporates paragraphs 1 through 8 herein as if set forth in full. 10. Defendant's promise to pay Incentive Compensation to Mr. Mason constitutes an agreement. 11. Defendant is in breach of the agreement to pay Incentive Compensation. 12. Defendant has refused Mr. Mason's demands to pay Incentive Compensation as previously agreed. 13. As a direct consequence of the breach, Mr. Mason has suffered damages in the amount of the unpaid incentive Compensation, plus interest. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant, in an amount not in excess of the jurisdictional limit for mandatory arbitration of claims, together with interest plus such other further relief as may be just. COUNT H-Pennsylvania Wage Payment and Collection Law 14. Mr. Mason incorporates paragraphs 1 through 13 herein as if set forth in full. 15. Defendant is an "employer" as that term is defined in the Wage Payment and Collection Law, Act of July 14, 1977, P.L. 82, as amended C WPCL" ), 43 P.S. §260.1 et seq. 16. The Incentive Compensation constitutes "wages" as that term is defined in the WPCL. 17. Mr. Mason is an employee to whom wages are payable within the meaning of the WPCL. 18. Defendant has failed to pay wages to Mr. Mason despite his demand. 19. Defendant's non-payment of wages was done deliberately, wantonly and in a bad faith refusal to avoid a legal obligation and is not justified within the terms of the WPCL, entitling Mr. Mason to liquidated damages therein. 20. Defendant's nonpayment of wages entitles Mr. Mason to an award of reasonable attorney fees and cost from Defendant pursuant to the WPCL. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant, in an amount not in excess of the jurisdictional limit for mandatory arbitration of claims, together with costs, reasonable attorneys fees, interest and such other further relief as may be just. CLARK LAW OFFICE Dated: August 27, 2001 ` . e U? By: Frank P. Clark, I.D. #35443 3045 Market Street, 2' Floor Camp Hill, PA 17011 (717) 731-8600 Attorneys for Defendant VERIFICATION The undersigned, Frank P. Clark, of the Clark Law Office hereby verifies that he is Plaintiff's attorney of record in the foregoing matter, that he executes this Verification on Plaintiff's behalf, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Frank P. Clark 4 CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Complaint upon the following below-named party by depositing same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this 27a' day of August, 2001. SERVED UPON: Marc A. Moyer Duane, Morris & Heckscher, LLP 305 N. Front Street, 5' Floor P.O. Box 1003 Harrisburg, PA 17108-1003 Frank P. Clark ?? ?... ^71:? ?. ? . (1: .., L- _ ?? ._. / _.. ? ,?) ? ?= JEFFREY A. MASON, Plaintiff VS. THE VENATOR GROUP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4636 CIVIL CIVIL ACTION - LAW IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this day of November, 2001, a brief argument on the within motion to compel is set for Thursday, December 6, 2001, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin . Hess, J. Frank P. Clark, Esquire For the Plaintiff Marc A. Moyer, Esquire For the Defendant :rlm ?\J P:A!"yy ??iJi e it NOV 0 8 200 JEFFREY A. MASON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff PENNSYLVANIA V. THE VENATOR GROUP, INC., Defendant AND NOW, this day of No. 01-4636 Civil Term ORDER , 2001, upon consideration of Defendant Venator Group Corporate Services, Inc.'s Motion to Compel, said Motion shall be and is hereby GRANTED and Plaintiff is ordered to serve Defendant with answers to its First Set of interrogatories and to make available to Defendant those documents requested in its First Request for Production of Documents within twenty (20) days from the date of this Order. Failure to comply with this Order will result in sanctions as provided by Pa.R.Civ.P. 4019. BY THE COURT: , J. B ? } JEFFREY A. MASON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff PENNSYLVANIA V. No. 01-4636 Civil Term THE VENATOR GROUP, INC., Defendant MOTION OF DEFENDANT VENATOR GROUP CORPORATE SERVICES, INC. TO COMPEL PRODUCTION OF DISCOVERY AND NOW, comes Defendant Venator Group Corporate Services, hic.` ("Venator'T'Defendant"), by its attorneys, Duane, Morris & Heckscher LLP, to file this Motion to Compel Discovery based on the following: 1. This action was commenced by Plaintiff Jeffrey A. Mason by way of Complaint filed on or about August 27, 2001, alleging breach of contract (Count 1) and violation of Pennsylvania's Wage Payment and Collection Law (Count II). 2. On September 19, 2001, Venator served Interrogatories and a Request for Production of Documents on Plaintiff. True and correct copies of the Interrogatories and Request for Production of Documents are attached hereto as Exhibits "A' and "B" respectively. 3. On October 22, 2001, Plaintiff served upon Venator "Objections" to Defendant's discovery requests. 4. Out of the nineteen (19) Interrogatories served upon Plaintiff by Venator, Plaintiff has failed to provide any objection or response to eight (8) of the Interrogatories. Of the remaining eleven (11) Interrogatories, Plaintiff has provided uniform, boiler plate objections alleging that the Interrogatories are "vague, ambiguous, overbroad, unduly burdensome and I Plaintiff has incorrectly identified the Defendant as "The Venator Group, Inc." The correct name of Plaintiff's former employer is "Venator Group Corporate Services, Inc." seek[] privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence." See Plaintiff's Response to Int., App. "C." 5. Of the six (6) Requests for Production of Documents served upon Plaintiff by Venator, Plaintiff has failed to provide any objection or response to two (2) of the Requests. Of the remaining four (4) Requests, Plaintiff once again has provided uniform, boiler plate objections alleging that the Requests are "vague, ambiguous, overbroad, unduly burdensome and seek[] privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence." Plaintiff further contends that each Request "calls for the disclosure of attorney/client information that is privileged, confidential, immune and/or protected from discovery." Plaintiff also contends that the requested information is protected by the Attorney Work Product Doctrine. See Plaintiff's Response to Request for Production of Documents, App. "D." 6. On their face, it is clear that each of Plaintiff's bald-faced "objections" are merely designed to thwart Venator's efforts to obtain discovery permitted by the Pennsylvania Rules of Civil Procedure. 7. Moreover, Plaintiff has failed to articulate through his objections how the particular information requested through the discovery requests is subject to the particular objections averred by the Plaintiff. On the contrary, Plaintiff has stated no justifiable reason for his failure to respond to Venator's discovery requests. WHEREFORE, Defendant Venator Group Corporate Services, Inc. respectfully requests that this Court order Plaintiff to answer Defendant's First Set of Interrogatories and make available those documents requested in Defendant's First Request for Production of Documents within twenty (20) days from the date of the Court's Order or be subject to the sanctions provided by Pa.R.Civ.P. 4019. Respectfully submitted, Marc A. M er I.D. No. 't4 Duane, Morris & Heekscher LLP 305 North Front Street, 5' Floor P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5500 Attorneys for Defendant Venator Group Corporate Services, Inc. Date: /O/Jo/®1 CERTIFICATE OF SERVICE I, Cathleen P. Vernon, an employee of the law firm of Duane, Morris & Heckscher LLP, hereby certify that I have this day served a true and correct copy of the foregoing Motion to Compel Production of Discovery upon the person(s) and at the address(es) below named, by depositing same in the United States mail, first class postage prepaid, from Harrisburg, Pennsylvania: Frank P. Clark, Esq. CLARK LAW OFFICE 3045 Market Street, Second Floor Camp Hill, PA 17011 Attorneys for Plaintiff Jeffrey A. Mason l/..Pt? Cathleen P. Vernon Date: /0/3//OI JEFFREY A. MASON, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY Plaintiff, . PENNSYLVANIA V. No. 01-4636 Civil Term THE VENATOR GROUP, INC., Defendant. INTERROGATORIES OF DEFENDANT VENATOR GROUP CORPORATE SERVICES, INC. DIRECTED TO PLAINTIFF (FIRST SET) Pursuant to Rule 4005 of the Pennsylvania Rules of Civil Procedure, Defendant Venator Group Corporate Services, Inc. ("Venator"), by and through its attorneys, Duane, Morris & Heckscher LLP, hereby propound the following interrogatories, which must be answered fully and separately in writing, under oath, within thirty days of service. These interrogatories shall be continuing in nature, i.e., Plaintiff is under the duty, without further request by Defendant Venator, to supplement his answers to any interrogatory whenever, prior to trial, they receive information which has the effect of rendering any answer inaccurate, inadequate or incomplete. INSTRUCTIONS 1. -In answering these Interrogatories, please furnish any and all information sought by these Interrogatories including, but not limited to, any and all information which is in the possession of your agents, representatives, attorneys, investigators, experts, witnesses and consultants, as well as information which is in the possession of any person acting on behalf of any and all persons and entities that are otherwise subject to your care, custody or control. 2. Each Interrogatory and each sub-part thereto shall be answered fully and completely. In the event that any Interrogatory cannot be completely answered, please answer to the extent possible and specify the reason(s) for the inability to answer the remainder of the Interrogatory. i Y 3. In the event that you object to answering, in whole or in part, any Interrogatory, state in detail the basis for the objection, including any claim of privilege, and identify each document or communication for which privileges are claimed so as to enable the Court to adjudicate the validity of the objection and/or claim. 4. In the event that you do not have accurate information with respect to any Interrogatory or sub-part thereto, please so indicate. In addition, provide your best estimation regarding the matter inquired into and identify each person whom you believe may have accurate information regarding the Interrogatory or sub-part thereto. 5. These Interrogatories are considered continuing in nature. Therefore, in the event that you obtain any additional information that falls within the scope of these Interrogatories after you have served your Answers, you are directed to promptly supply such additional information upon receipt thereof. At the time of trial, Defendant's counsel will object to the use of any evidence relating to the information sought in these Interrogatories if such information has not been disclosed in the Answers or Supplemental Answers to these Interrogatories, sufficiently in advance of trial, so as to enable the Defendant to prepare a response thereto. 6. - -The Answers to these Interrogatories must be served upon Defendant's counsel within thirty (30) days pursuant to Rule 4006 of the Pennsylvania Rules of Civil Procedure. 7. The information requested in the Interrogatories has been amplified by these Instructions and the Definitions set forth below. Therefore, each Interrogatory should be answered with reference to these Instructions and the Definitions. _ -2- f As used in this First Set of Interrogatories, the terms listed below are defined as follows: 1. The terms "and" and "or" shall be construed conjunctively or disjunctively, as necessary, to bring within the scope of an Interrogatory any documents which might otherwise be construed to be outside its scope. 2. The terms "directors", "officers", "agents", "employees" and any other such designation means any person serving at any relevant time in any such capacity even though no longer serving in such capacity. 3. The term "communication" means, without limitation, any correspondence, contact, discussion, or other kind of oral exchange between two or more persons including, but not limited to, all telephone conversations, face-to-face conversations, meetings, visits, and conferences. 4. The term "date" means the exact day of the month and year requested or the closest approximation known. 5. The term "Defendant" refers to Venator Group Corporate Services, Inc., the Defendant herein or its predecessor companies. 6. -The term "document" means the original and the non-identical copies of all written, printed, typed, photographic, drawn, mechanically or electronically produced or reproduced materials, transcripts, tapes, audio tapes, video tapes, computer storage devices, computer printouts, computer software, data compilations and other materials from which information can be obtained that are in the possession, custody or control of the Plaintiff, regardless of its autbor or origin. 7. The phrase "documents relating to" means any and all drafts, communications and/or documents containing, showing, relating, referring, reflecting or pertaining in any way, directly or -3- indirectly, to a particular subject. It is meant to include, without limitation, any and all drafts, communications and/or documents used to prepare, support, explain or that, at any time, were attached, annexed or appended to any documents called for by an Interrogatory herein. 8. The term "draft" means any preliminary or preparatory version of a document or a portion thereof, whether or not the version was later superseded, and specifically includes, without limitation, any document marked with a notation that differs in any way from the original or their copies. 9. The term "identify" has the following meaning: (a) When this term is used in reference to a document, the term seeks to elicit the date of the document, its author, its addressee, its present location, the name and address of its custodian, and the substance of the document's contents. (b) When this term is used in reference to a communication, the term seeks to elicit the identity of the persons participating in such communication, the substance of the communication made by each person identified, and the date(s) of the communication. (c) When this term is used in reference to an individual, the term seeks to elicit the full name of the individual, his present or last known residential address and telephone number, his occupation, his present or last known employer, the address and telephone number of his present or last known employer, and the nature of his relationship with the Plaintiff and/or Defendant. (d) When this term is used in reference to a corporation, firm, organization, partnership or association, the term seeks to elicit the name of the corporation, firm, organization, partnership or association, the type of entity (i.e., whether corporation, partnership, etc.), and the address and telephone number of its principal place of business. -4- 1 (e) When this term is used in reference to any act, conduct, occasion, occurrence, meeting or transaction (hereinafter "act"), the term seeks to elicit the substance of the event or events which constitute each act, the location of the act, the date(s) and person(s) participating in or present during the act, and the identity of all documents relating to the act. 10. The terms "person" or "persons" mean, without limitation, any individual, corporation, partnership, organization, association, trust, governmental agency or other entity. 11. The term "Plaintiff" refers to Jeffrey A. Mason, the Plaintiff, herein. 12. The term "statement" has the same meaning as it is given by the Pennsylvania Rules of Civil Procedure. 13. The terms "you" or "your" refer to the Plaintiff. 14. The singular includes the plural and vice-versa. The masculine includes the feminine and neuter genders. The past tense includes the present tense when the meaning is not distorted by a change in tense. -5- State: Your full name and any other name by which you are or you have been known; Date and place of your birth; Your present home address; Your.+tcaot occupation; attT Your Social Security number. -6- °.;? 1111 Pill Now 2. Have you ever been married? If so, please identify: a) The name of each spouse; b) The date and place of each marriage; C) The date of termination of each marriage, if applicable; and d) The name, address and present age of your children. ANSWER: -7- 3. Please identify: a)//) The highest level of formal education you completed, the year of completion and all degrees attained; b) The names and address of each school you attended starting with high school up to I yt the present; C) The date of attendance at each school; and d) All trade or occupational courses taken and where. ANSWER: -8- 4. Have you made any statement, written or otherwise, to anyone excluding your attorneys about the events identified in the Complaint or any subsequent events related to the present law suit? If so, for each statement indicate: a) When and where the statement was made; b) Whether the statement was reduced to writing; C) The person who is in custody of the original or true copy; and d) The name(s) of any individual(s) who was/were present when the statement was given. ANSWER: -9- 5. Identify all persons having knowledge of any documents, communications, meetings, acts, transactions or other information which relate to the allegations set forth in Plaintiffs Complaint and/or Defendant's Answer to the Complaint, providing the information set forth in Paragraph 9(c) of the Definitions for each such person, and, for each person so identified, please: describe, in detail, the substance of such person's knowledge, and identify all documents which relate to such person's knowledge, providing the information set forth in Paragraph 9(a) of the Definitions for each such document. ANSWER: -10- -fig 6. Identify whether you or any person acting on your behalf obtained a statement from, interviewed or otherwise contacted any person in order to prepare the Plaintiffs Complaint or to prepare the Answers to these Interrogatories, and, if so, then: identify each person whose statement has been obtained, providing the information set forth in Paragraph 9(c) of the Definitions for each such person, identify the person(s) who took each such statement, identify the date(s) of each such statement, identify whether each statement was oral, written or otherwise recorded, identify the person(s) currently in custody, control or possession of each such written or otherwise recorded statement, the identity of all documents, drafts thereof and/or communications to which such person referred or otherwise utilized during or in preparation for the statement providing the information set forth in Paragraph 9 of the Definitions for each such document, describe, in detail, the substance of each such statement and identify all documents relating to the Answers to this Interrogatory. ANSWER: - 11 - 7. For each person whom you intend to call as a fact witness at the trial of this action: identify each person, providing the information set forth in Paragraph 9(c) of the Definitions and for each such person, describe, with particularity, the substance of each such person's testimony, and identify each document, chart, summary, compilation, picture, text, publication, study and/or demonstrative exhibit to which such person will refer or otherwise rely upon when testifying. ANSWER -12- 8. Please identify each exhibit you intend to use during the trial of this matter, including the present location of the exhibit and attach a copy of same. ANSWER: -13- 9. Have you ever been convicted of, or pleaded guilty to a felony within the last ten (10) years? If so, for each such felony, identify the crime(s) involved, the jurisdiction of the conviction or plea, the date of the conviction or plea, and the location and length of incarceration, if any. ANSWER: i r 5 3r 4 E -14- 10. Does the Plaintiff contend that any employees, representatives or other agents of the Defendant made any admissions? If the answer to the preceding question is in the affirmative, then: identify each such admission and describe, in detail, the substance of each such admission, identify the date(s) on which each such admission was made, identify the person who made each such admission and to whom it was made, identify each person who heard, witnessed or otherwise learned about each such admission, providing the information set forth in Paragraph 9(c) of the Definitions for each such person, indicate whether the Plaintiff intends to introduce into evidence each such admission at the time of trial, and identify all documents that record, reflect, refer or relate to the information set forth in the Answers to this Interrogatory. ANSWER: -15- 11. Identify each person whom Plaintiff expects to call as an expert witness at trial. For each expert identified, state: a) his occupation; b) his business and home addresses; C) his area of specialization; d) his professional qualifications, including 1) schools attended, with years of attendance and the grades received; 2) his experience in his particular field of expertise; 3) the identity of employers and corresponding years of employment; and 4) the identity of all publications he authored or to which he contributed; e) the precise subject matter of his expected testimony; f) describe with particularity each fact, opinion and conclusion to which he is expected to testify in this action; g) a summary of the grounds for each such opinion; h) the identity of the factual information, material and documents supplied to him; i) -the identity of any additional material upon which he is expected to rely; j) provide a complete bibliography of the textbooks, treatises, articles, statutes, rules, regulations, or other works he regards as authoritative on the subject matter on which he will testify; k) identify all documents on which he intends to rely or which he may use during his testimony at the trial of this action; 1) identify the manner by which he became familiar with the facts of this case; -16- Interrogatory No. 11 (continued) m) identify all documents relating to this case which were prepared, in whole or in part, by him including, but not limited to, his written report(s); n) identify all documents referred to by him in connection with or in preparation of such written and/or oral report(s); o) describe, in detail, each and every fact that will or may be included in any hypothetical questions to be asked of him at the trial of this action; P) identify the full caption of all cases in which he has testified as an expert witness since January 1, 1980; q) identify each and every report, memorandum or other document prepared by the expert, by an assistant or by any other person acting on his behalf, containing, referring to, pertaining to or evidencing any of the above requested information; and r) identify all documents relating to the subject matter of this interrogatory. ANSWER: ds: r -17- 12. For all statements of any kind, either taken from Plaintiff or obtained by Plaintiff on his behalf from any person relating to Plaintiffs claims in this lawsuit, please state the date of the statement and the following information; a) identify the person giving the statement and the person obtaining the statement; b) what was done with the statement after it was given and who has present possession of the statement; and c) identify all documents which refer or relate to the subject matter of this interrogatory. ANSWER: r y, -18- 13. For the period from 1995 to the date of the answers to the Interrogatories, identify where Plaintiff has lived, and for how long he resided at each residence. ANSWER: 10 xel -19- 14. Describe, in detail, the basis for the damages that the Plaintiff claims in each Count of the Complaint and, in so doing, please: identify each and every fact that supports each claim for damages, identify the type and total dollar amount of damages that the Plaintiff seeks in each Count of the Complaint, describe, in detail, the calculations which support this Answer to this Interrogatory, and identify all documents which relate to, reflect, refer to or otherwise support the Answers to this Interrogatory. ANSWER: -20- 15. If Plaintiff is claiming any damages other than those set forth in answers to the preceding Interrogatory, describe the nature of, and itemize to the fullest extent possible, each additional element of damages Plaintiff is claiming he has suffered as a result of the alleged acts of Defendant. Identify each document that refers to or relates in any way to the subject matter of this Interrogatory. ANSWER: -21- 16. Identify each current or former officer, employee, agent or other representative of the Defendant with whom the Plaintiff had any communications, correspondence, meetings or discussions about the subject matter and/or the allegations contained in the Complaint, or the Defendant's Answer to the Complaint, and, for each person so identified, please: identify the date(s) of each such communication, correspondence, meeting or discussion with each such person, describe, in detail, the substance of the communication, correspondence, meeting or discussion with each such person, identify each person who participated in such communication, meeting or discussion, and identify all documents which reflect, refer or otherwise relate to the information set forth in the Answers to this Interrogatory. ANSWER: -22- a) b) C) d) ANSWER: For each occupation you have had over the last six (6) years: The names and address of your employer; The dates of each employment; The nature of your occupational duties; and The reason for the termination of employment. -23- 18. State whether the Plaintiff has at anytime, maintained any diary, journal or othertype of written or otherwise recorded document or has made any writings or recordings whatsoever, written or otherwise, regarding the subject matter set forth in the Plaintiffs Complaint or the Defendant's Answer to the Complaint and, if so, then: identify each such document, providing the information set forth in Paragraph 9(a) of the Definitions for each document, state whether each such document currently exists and,- if not, describe the manner by which it was lost; destroyed or otherwise disposed of, identify the present custodian of each such document which currently exists, providing the information set forth in Paragraph 9(c) for each such person, and describe, in detail, the substance of each such document regardless of whether it currently exists. ANSWER: -24- 19. For the allegations in Paragraph Nineteen (19) of the Complaint, please: describe each and every fact which supports or forms the basis for these contentions, identify each person who has any knowledge about each fact noted above and specify which facts each such person has knowledge about, and identify each and every document relating to the Answers to this Interrogatory. ANSWER: 1 - Date: HBG182893.1 Interrogatories Propounded By: Marc A. Mo Esq. I.D. Numb 76434 DUANE, ORRIS & HECKSCHER LLP 305 North Front Street, Fifth Floor P.O. Box 1003 Harrisburg, PA 17108-1003 _ (717) 237-5538 Attorneys for Defendant Venator Group Corporate Services, Inc. -25- q I. CERTIFICATE OF SERVICE On this day of September, 2001, I, Ruth M. Forsythe, a secretary in the law offices of Duane, Morris & Heckscher LLP, hereby certify that I have served this day true and correct copies of the foregoing Interrogatories of Defendant Venator Group Corporate Services, Inc. Interrogatories Directed to Plaintiff (First Set) in the above-captioned matter, by depositing same in the United Sfates First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Frank P. Clark, Esq. CLARK LAW OFFICE 3045 Market Street, Second Floor Camp Hill, PA 17011 (Attorneys for Plaintiff) ??. Ruth M. Forsythe JEFFREY A. MASON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. No. 01-4636 Civil Term THE VENATOR GROUP, INC., Defendant. REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT VENATOR GROUP CORPORATE SIIRVICES. INC. ADDRESSED TO PLAINTIFF Pursuant to Pennsylvania Rule of Civil Procedure 4009, Defendant Venator Group Corporate Services, Inc. requests Plaintiff Jeffrey A. Mason to supply within thirty (30) days the originals or authentic and legible copies of the documents and things hereinafter identified to the offices of Duane, Morris & Heckscher, LLP 305 North Front Street, Fifth Floor, Harrisburg, Pennsylvania 17101. This Request for Production shall be deemed to be continuing in nature so as to require the production of further documents obtained between the date this present request is responded to and the date of-trial, or such earlier time as the Court in this case may fix as the deadline for the production of documents which are to be used or will be usable at the time of the trial of this case. In answering these Requests for Production of Documents, the respondent shall furnish all information available at the time of answering, including information in the possession of any and all representatives, agents, or attorneys and shall supplement the responses whenever necessary in accordance with the Pennsylvania Rules of Civil Procedure. 2. Each Request for Production of Documents shall be answered separately and as completely as possible. The fact that investigation is continuing or that discovery is not yet complete shall not be reason for failure presently to answer each request as fully as possible. 3. If any form of privilege or other protection from disclosure is claimed as a ground for withholding responsive information, respondent shall set forth each and every fact supporting the claim with sufficient specificity to permit full determination by the court as to whether the claimed privilege or protection is valid. With respect to a document regarding which a privilege or protection is claimed, a respondent shall set forth that document's name, date of creation, identification of the author and all other information required for identification of the document without revealing the information for which the privilege or the protection from the disclosure is claimed. 4. - -For the purposes of these discovery requests, the singular form shall include the plural, and vice versa; the masculine form shall include the feminine, and vice versa; and the words "and" and "or" shall be construed conjunctively or disjunctively, whichever construction is required in order for the request to have its broadest interpretation. 5. "Person" shall mean, without limitation, any natural person, corporation, partnership, limited partnership, association, joint venture or any other business entity, organization,. firm, or arrangement or any other type of person. -2- 6. "Document" or "documents" shall mean all written or printed matter of any kind, including the originals and all non-identical copies thereof, whether different from the originals by reason of any notation made on such copies or otherwise, including without limitation minutes, agendas, contracts, agreements, reports, summaries, inter-office and intra-office communications, offers, notations of any sort of conversations, diaries, appointment books or calendars, teletypes, telefax, thermafax, confirmations, computer data (including information of programs stored in a computer, whether or not ever printed out or displayed), and all drafts, alterations, modifications, changes and amendments of any of the foregoing, and all graphic or manual records or representations of any kind, including without limitation photographs, microfiche, microfilm, videotape, records, and motion pictures, and electronic, mechanical or electric records or representations of any kind, including without limitation tapes, cassettes, discs, magnetic cards, and recordings. 7. "Identify", when applicable to a document, shall mean to state: (a) the title of the document and any distinguishing file or department number assigned thereto; -(b) the date the document was originally prepared or created; (c) the identification of the author, creator, sender and/or originator of the document; (d) the present location of the document; (e) identification of all persons to whom the document was sent, directed or addressed, and identification of all persons who are in possession of the original and any copy of the document; -3- (f) identification of the present custodian of the document; (g) the present location of the document. "Identify", when applicable to a person, shall mean to state: (a) the person's full name; (b) the person's present and/or last known address and telephone number; (c) an identification of the person's present and/or last known employer; (d) an identification of the person's present and/or last known title or position of employment. -4- DOCUMENTS AND THINGS REQUESTED All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement of recorded statements if not transcribed verbatim taken of any parties, persons, or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the possession of Plaintiff, Plaintiff s attorney, insurers, or anyone else acting on behalf of the Plaintiff. 2. All expert opinion, expert reports, expert summaries, or other writings of experts in the possession, custody or control of Plaintiff, or his attorneys or insurers who are expected to testify at trial, which relate to the subject matter of this litigation and the incident in question 3. All documents prepared by Plaintiff, or by any insurers, representatives, agents or anyone acting on behalf of Plaintiff, except his attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. [NOTE: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whim this request is addressed is now in the possession, custody or control of the original) now in the possession, custody or control of Plaintiff, -5- his former or present counsel, agents, employees, officers, insurers, or any other person acting on Plaintiff's behalf.] 4. All documents in the possession, custody or control of Plaintiff, Plaintiffs counsel, insurers, or anyone else acting on Plaintiffs behalf, dealing in any way with the injuries, damages and losses sustained by Plaintiff. This should include, but not be limited to, all medical bills, medical records, medical reports, correspondence, any and all other bills and documents relating to lost wages, etc. Please produced your W-2 (wage and tax statements) for the past six (6) years./ Produce copies of all trial exhibits. Respectfully submitted, Date: O o By: . MEsq- Attomey umber 76434 DUANE, RIS & HECKSCHER LLP 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5538 Attorneys for Defendant Venator Group Corporate Services, Inc. HBG182921.1 -6- CERTIFICATE OF SERVICE On this fh day of September, 2001, I, Ruth M. Forsythe, a secretary in the law offices of Duane, Morris & Heckscher LLP, hereby certify that I have served this day true and correct copies of the foregoing Request for Production of Documents of Defendant Venator Group Corporate Services, Inc. Addressed to Plaintiff in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Frank P. Clark, Esq. CLARK LAW OFFICE 3045 Market Street, Second Floor Camp Hill, PA 17011 (Attorneys for Plaintiff) A1' Ruth M. Forsythe JEFFREY A. MASON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. No. 01-4636 Civil Term THE VENATOR GROUP, INC., Defendant. PLAINTIFF'S OBJECTIONS TO INTERROGATORIES OF DEFENDANT VENATOR GROUP CORPORATE SERVICES, INC. GENERAL OBJECTIONS 1. Plaintiff objects to disclosing any information that is protected from discovery by the attorney-client privilege, the work product privilege, or any other applicable privilege, immunity or protection from discovery, or which is not otherwise within the scope of discovery. 2. Plaintiff objects to the extent that Defendant's discovery requests do not pertain to the subject-matter of this litigation on the grounds that such requests, as stated, are vague, ambiguous, overly broad, unduly burdensome, annoying and oppressive, and seek irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. 3. Plaintiff objects to the instructions and definitions, to the extent they impose requirements beyond those set forth in the Pennsylvania Rules of Civil Procedure. 4. Plaintiff's investigation into this matter is ongoing, and discovery is continuing. Plaintiff's responses, therefore, are based only upon such information as Plaintiff knows of as of the date of service hereof. Plaintiff expressly reserves the right to modify and/or supplement its answers through the time of trial. INTERROGATORIES 1. State: a) Your full name and any other name by which you are or you have been known; b) Date and place of your birth; c) Your present home address; d) Your present occupation; and e) Your Social Security number. ANSWER: a)-e) OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. 2. Have you ever been married? If so, please identify: a) The name of each spouse; b) The date and place of each marriage; c) The date of termination of each marriage, if applicable; and d) The name, address and present age of your children. ANSWER: a)-d) OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. 3. Please identify: a) The highest level of formal education you completed, the year of completion and all degrees attained; b) The names and address of each school you attended starting with high school up to the present; c) The date of attendance at each school; and d) All trade or occupational courses taken and where. ANSWER: a)-f) OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. 4. Have you made any statement, written or otherwise, to anyone excluding your attorneys about the events identified in the Complaint or any subsequent events related to the present law suit? If so, for each statement indicate: a) When and where the statement was made; b) Whether the statement was reduced to writing; c) The person who is in custody of the original or true copy; and d) The name(s) of any individual(s) who was/were present when the statement was given. ANSWER: OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. The request calls for the disclosure of Attorney Client information that is privileged, confidential, immune and /or protected from discovery. The request calls for the disclosure of matters covered under the Attorney Work Product Doctrine that are privileged, confidential, immune and /or protected from discovery. 5. Identify all persons having knowledge of any documents, communications, meetings, acts, transactions or other information which relate to the allegations set forth in Plaintiffs Complaint and/or Defendant's Answer to the Complaint, providing the information set forth in Paragraph 9(c) of the Definitions for each such person, and, for each person so identified, please; describe, in detail, the substance of such person's knowledge, and identify all documents which relate to such person's knowledge, providing the information set forth in Paragraph 9(a) of the Definitions for each such document. ANSWER: 6. Identify whether you or any person acting on your behalf obtained a statement from, interviewed or otherwise contacted any person in order to prepare the Plaintiff's Complaint or to prepare the Answers to these Interrogatories, and, if so, then: identify each person whose statement has been obtained, providing the information set forth in Paragraph 9(c) of the Definitions for each such person, identify the person(s) who took each such statement, identify the date(s) of each such statement, identify whether each statement was oral, written or otherwise recorded, identify the person(s) currently in custody, control or possession of each such written or otherwise recorded statement, the identity of all documents, drafts thereof and/or communications to which such person referred or otherwise utilized during or in preparation for the statement providing the information set forth in Paragraph 9 of the Definitions for each such document, describe, in detail, the substance of each such statement and identify all documents relating to the Answers to this Interrogatory. ANSWER: OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged; confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. The request calls for the disclosure of Attorney Client information that is privileged, confidential, immune and /or protected from discovery. The request calls for the disclosure of matters covered under the Attorney Work Product Doctrine that are privileged, confidential, immune and /or protected from discovery. For each person whom you intend to call as a fact witness at the trial of this action: identify each person, providing the information set forth in Paragraph 9(c) of the Definitions and for each such person, describe, with particularity, the substance of each such person's testimony, and identify each document, chart, summary, compilation, picture, text, publication, study and/or demonstrative exhibit to which such person will refer or otherwise rely upon when testifying. ANSWER: 8. Please identify each exhibit you intend to use during the trial of this matter, including the present location of the exhibit and attach a copy of same. ANSWER: -,? 9. Have you ever been convicted of, or pleaded guilty to a felony within the last ten (10) years? If so, for each such felony, identify the crime(s) involved, the jurisdiction of the conviction or plea, the date of the conviction or plea, and the location and length of incarceration, if any. ANSWER: OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. 10. Does the Plaintiff contend that any employees, representatives or other agents of the Defendant made any admissions? If the answer to the preceding question is in the affirmative, then: identify each such admission and describe, in detail, the substance of each such admission, identify the date(s) on which each such admission was made, identify the person who made each such admission and to whom it was made, identify each person who heard, witnessed or otherwise learned about each such admission, providing the information set forth in Paragraph 9(c) of the Definitions for each such person, indicate whether the Plaintiff intends to introduce into evidence each such admission at the time of trial, and identify all documents that record, reflect, refer or relate to the information set forth in the Answers to this Interrogatory. ANSWER: 11. Identify each person whom Plaintiff expects to call as an expert witness at trial. For each expert identified, state: a) his occupation; b) his business and home addresses; c) his area of specialization; d) his professional qualifications, including 1) schools attended, with years of attendance and the grades received; 2) his experience in his particular field of expertise; 3) the identity of employers and corresponding years of employment; and 4) the identity of all publications he authored or to which he contributed; e) the precise subject matter of his expected testimony; f) describe with particularity each fact, opinion and conclusion to which he is expected to testify in this action; g) a summary of the grounds for each such opinion; h) the identity of the factual information, material and documents supplied to him; i) the identity of any additional material upon which he is expected to rely; j) provide a complete bibliography of the textbooks, treatises, articles, statutes, rules, regulations, or other works he regards as authoritative on the subject matter on which he will testify; k) identify all documents on which he intends to rely or which he may use during his testimony at the trial of this action; 1) identify the manner by which he became familiar with the facts of this case; ?a Interrogatory No. 11 (continued) m) identify all documents relating to this case which were prepared, in whole or in part, by him including, but not limited to, his written report(s); n) identify all documents referred to by him in connection with or in preparation of such written and/or oral report(s); o) describe, in detail, each and every fact that will or may be included in any hypothetical questions to be asked of him at the trial of this action; p) identify the full caption of all cases in which he has testified as an expert witness since January 1, 1980; q) identify each and every report, memorandum or other document prepared by the expert, by an assistant or by any other person acting on his behalf, containing, referring to, pertaining to or evidencing any of the above requested information; and r) identify all documents relating to the subject matter of this interrogatory. ANSWER: 12. For all statements of any kind, either taken from Plaintiff or obtained by Plaintiff on his behalf from any person relating to Plaintiffs claims in this lawsuit, please state the date of the statement and the following information; a) identify the person giving the statement and the person obtaining the statement; b) what was done with the statement after it was given and who has present possession of the statement; and c) identify all documents which refer or relate to the subject matter of this interrogatory. ANSWER: OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. The request calls for the disclosure of Attorney Client information that is privileged, confidential, immune and /or protected from discovery. The request calls for the disclosure of matters covered under the Attorney Work Product Doctrine that are privileged, confidential, immune and /or protected from discovery. 13. For the period from 1995 to the date of the answers to the Interrogatories, identify where Plaintiff has lived, and for how long he resided at each residence. ANSWER: OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. 14. Describe, in detail, the basis for the damages that the Plaintiff claims in each Count of the Complaint and, in so doing, please: identify each and every fact that supports each claim for damages, identify the type and total dollar amount of damages that the Plaintiff seeks in each Count of the. Complaint, describe, in detail, the calculations which support this Answer to this Interrogatory, and identify all documents which relate to, reflect, refer to or otherwise support the Answers to this Interrogatory. ANSWER: 15. If Plaintiff is claiming any damages other than those set forth in answers to the preceding Interrogatory, describe the nature of, and itemize to the fullest extent possible, each additional element of damages Plaintiff is claiming he has suffered as a result of the alleged acts of Defendant. Identify each document that refers to or relates in any way to the subject matter of this Interrogatory. ANSWER: OBJECTION. The request calls for the disclosure of Attorney Client information that is privileged, confidential, immune and /or protected from discovery. The request calls for the disclosure of matters covered under the Attorney Work Product Doctrine that are privileged, confidential, immune and /or protected from discovery. 16. Identify each current or former officer, employee, agent or other representative of the Defendant with whom the Plaintiff had any communications, correspondence, meetings or discussions about the subject matter and/or the allegations contained in the Complaint, or the Defendant's Answer to the Complaint, and, for each person so identified, please: identify the date(s) of each such communication, correspondence, meeting or discussion with each such person, describe, in detail, the substance of the communication, correspondence, meeting or discussion with each such person, identify each person who participated in such communication, meeting or discussion, and identify all documents which reflect, refer or otherwise relate to the information set forth in the Answers to this Interrogatory. ANSWER: 17. For each occupation you have had over the last six (6) years: a. The names and address of your employer; b. The dates of each employment; c. The nature of your occupational duties; and d. The reason for the termination of employment. ANSWER: OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. 0 18. State whether the Plaintiff has at anytime, maintained any diary, journal or other type of written or otherwise recorded document or has made any writings or recordings whatsoever, written or otherwise, regarding the subject matter set forth in the Plaintiffs Complaint or the Defendant's Answer to the Complaint and,_ if so, then: identify each such document, providing the information set forth in Paragraph 9(a) of the Definitions for each document, state whether each such document currently exists and, if not, describe the manner by which it was lost, destroyed or otherwise disposed of, identify the present custodian of each such document which currently exists, providing the information set forth in Paragraph 9(c) for each such person, and describe, in detail, the substance of each such document regardless of whether it currently exists. ANSWER: OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. The request calls for the disclosure of Attorney Client information that is privileged, confidential, immune and /or protected from discovery. The request calls for the disclosure of matters covered under the Attorney Work Product Doctrine that are privileged, confidential, immune and /or protected from discovery. 19. For the allegations in Paragraph Nineteen (19) of the Complaint, please: describe each and every fact which supports or forms the basis for these contentions, identify each person who has any knowledge about each fact noted above and specify which facts each such person has knowledge about, and identify each and every document relating to the Answers to this Interrogatory. ANSWER: Dated: October 22, 2001 By: Frank P. Clar , I.D. # 35443 CLARK LAW OFFICE 3045 Market Street, 2nd Floor Camp Hill, PA 17011 Attorneys for Plaintiff . CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Objections to Interrogatories of Defendant Venator Group Corporate Services, Inc. upon the following below-named party by depositing same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this 22nd day of October, 2001. SERVED UPON: Marc A. Moyer Duane, Morris & Heckscher, LLP 305 N. Front Street, 5s' Floor P.O. Box 1003 Harrisburg, PA 17108-1003 4,,J, ?, (W_)(_)LLL_ Frank P. Clark o , JEFFREY A. MASON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. No. 01-4636 Civil Term THE VENATOR GROUP, INC., Defendant. PLAINTIFF'S OBJECTIONS TO REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT VENATOR GROUP CORPORATE SERVICES, INC. GENERAL OBJECTIONS 1. Plaintiff objects to disclosing any information that is protected from discovery by the attorney-client privilege, the work product privilege, or any other applicable privilege, immunity or protection from discovery, or which is not otherwise within the scope of discovery. 2. Plaintiff objects to the extent that Defendant's discovery requests do not pertain to the subject-matter of this litigation on the grounds that such requests, as stated, are vague, ambiguous, overly broad, unduly burdensome, annoying and oppressive, and seek irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. 3. Plaintiff objects to the instructions and definitions, to the extent they impose requirements beyond those set forth in the Pennsylvania Rules of Civil Procedure. 4. Plaintiff's investigation the matter is ongoing, and discovery is continuing. Plaintiff's responses, therefore, are based only upon such information as Plaintiff knows of as of the date of service hereof. Plaintiff expressly reserves the right to modify and/or supplement its answers through the time of trial. - 1- 1. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement of recorded statements if not transcribed verbatim taken of any parties, persons, or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the possession of Plaintiff, Plaintiffs attorney, insurers, or anyone else acting on behalf of the Plaintiff. OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. The request calls for the disclosure of Attorney Client information that is privileged, confidential, immune and /or protected from discovery. The request calls for the disclosure of matters covered under the Attorney Work Product Doctrine that are privileged, confidential, immune and /or protected from discovery. 2. All expert opinion, expert reports, expert summaries, or other writings of experts in the possession, custody or control of Plaintiff, or his attorneys or insurers who are expected to testify at trial, which relate to the subject matter of this litigation and the incident in question RESPONSE: 3. All documents prepared by Plaintiff, or by any insurers, representatives, agents or anyone acting on behalf of Plaintiff, except his attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared up - 2- I , 4 through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. [NOTE: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whim this request is addressed is now in the possession, custody or control of the original) now in the possession, custody or control of Plaintiff, his former or present counsel, agents, employees, officers, insurers, or any other person acting on Plaintiffs behalf.] RESPONSE: OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. The request calls for the disclosure of Attorney Client information that is privileged, confidential, immune and /or protected from discovery. The request calls for the disclosure of matters covered under the Attorney Work Product Doctrine that are privileged, confidential, immune and /or protected from discovery.. 4. All documents in the possession, custody or control of Plaintiff, Plaintiffs counsel, insurers, or anyone else acting on Plaintiffs behalf, dealing in any way with the injuries, damages and losses sustained by Plaintiff. This should include, but not be limited to, all medical bills, medical records, medical reports, correspondence, any and all other bills and documents relating to lost wages, etc. - 3- RESPONSE: OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. The request calls for the disclosure of Attorney Client information that is privileged, confidential, immune and /or protected from discovery. The request calls for the disclosure of matters covered under the Attorney Work Product Doctrine that are privileged, confidential, immune and /or protected from discovery. 5. Please produce your W-2 (wage and tax statements) for the past six (6) years. RESPONSE: OBJECTION. The request is vague, ambiguous, overbroad, unduly burdensome and seeks privileged, confidential and/or irrelevant information not reasonably calculated to lead to the discovery of admissible evidence. 6. Produce copies of all trial exhibits. RESPONSE: Dated: October 22, 2001 By: ` i Frank P. Clark, I.D. # 35443 CLARK LAW OFFICE 3045 Market Street, 2nd Floor Camp Hill, PA 17011: Attorneys for Plaintiff - 4- r' CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Objections to Request for Production of Documents of Defendant Venator Group Corporate Services, Inc. upon the following below-named party by depositing same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this 22nd day of October, 2001. SERVED UPON: Marc A. Moyer Duane, Morris & Heckscher, LLP 305 N. Front Street, 5' Floor P.O. Box 1003 Harrisburg, PA 17108-1003 Frank P. Clark ..5 OVA ZJ _ !*'? um ,. •?sse,:m-..w ?a=a;anir?'?., d?=wva??a,SatM?nie'av.'s?54 JEFFREY A. MASON, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY Plaintiff, . PENNSYLVANIA V. No. 01-4636 Civil Tenn THE VENATOR GROUP, INC., Defendant. NOTICE TO PLEAD TO: JEFFREY A. MASON AND FRANK P. CLARK, ESQ. CLARK LAW OFFICE 3045 MARKET STREET, SECOND FLOOR CAMP HILL, PA 17011 You are hereby notified to file a written response to the enclosed ANSWER AND NEW MATTER within twenty (20) days from service hereof or a judgment may be entered against you. Dated: ?l By: Attorney I.D umber 76434 DUANE, ORRIS & HECKSCHER LLP 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5538 Attorneys for Defendant Venator Group Corporate Services, Inc. JEFFREY A. MASON, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA V. No. 01-4636 Civil Term THE VENATOR GROUP, INC., Defendant. ANSWER AND NEW MATTER OF DEFENDANT VENATOR GROUP CORPORATE SERVICES. INC. TO PLAINTIFF'S COMPLAINT Defendant Venator Group Corporate Services, Inc.' ("Venator"I "Defendant"), through its counsel, Duane, Morns & HeckscherLLP, respectfully submits its Answer together with New Matter to Plaintiff's Complaint as follows: After reasonable investigation, Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in Paragraph One (1) of Plaintiff's Complaint. The averments, therefore, are Denied and strict proof thereof is demanded at time of trial. 2. Denied as stated. It is Admitted that Venator is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania maintaining a place of business at 3543 Simpson Ferry Road, Camp Hill, PA 17011. 3. Admitted. 'Plaintiff has incorrectly identified the Defendant as The Venator Group, Inc. The correct name of Plaintiff's former employer is Venator Group Corporate Services, Inc. 4. Denied. It is Denied that Venator verbally promised incentive compensation to Mr. Mason as part of its compensation to him or that Plaintiff's entitlement to incentive payment under the Cost Recovery Incentive Plan was based upon oral representations. 5. Denied as stated. It is Admitted that incentive payment due and paid to Plaintiff, if any, under the Cost Recovery Incentive Plan was based on recoveries achieved between January 30, 2000 and October 28, 2000 by the efforts of Mr. Mason as Regional Manager on behalf of Venator. 6. Denied. It is Denied that Venator was required to pro-rate the minimum amount of actual recovery needed in order to qualify for an incentive payment under the Cost Recovery Incentive Plan Plaintiff was subject to as Regional Manager. Denied. It is Denied that Plaintiff satisfied all of the criteria necessary to qualify for $4,384.64 of incentive payment under the Cost Recovery Incentive Plan. 8. Denied as stated. It is Admitted that Venator has paid Plaintiff all amounts due and owing to him under the Cost Recovery Incentive Plan. COUNT I - Breach of Contract 9. Defendant Venator hereby incorporates its Answers to Paragraphs One (1) through Eight (8) of Plaintiff's Complaint by reference as if fully set forth herein. 10. The averments set forth in Paragraph Ten (10) of Plaintiff's Complaint are conclusions of law to which no response is required. To the extent the averments are deemed to be factual in nature and a response is necessary, it is specifically Denied that Venator "promised" to pay Plaintiff Incentive Compensation other than that provided for under the Cost Recovery Incentive Plan. -2- 11. The averments set forth in Paragraph Eleven (11) of Plaintiff's Complaint are conclusions of law to which to no response is required. To the extent the averments are deemed to be factual in nature and a response is necessary, it is specifically Denied that Venator breached any agreement with Plaintiff regarding incentive compensation. 12. Denied. It is Denied that Venator refused to provide Plaintiff any incentive payments due and owing to him under the Cost Recovery Incentive Plan. 13. The averments set forth in Paragraph Thirteen (13) of Plaintiff's Complaint are conclusions of law to which to no response is required. To the extent the averments are deemed to be factual in nature and a response is necessary, it is specifically Denied that Venator breached any agreement with the Plaintiff or that Venator has caused Plaintiff to suffer any monetary damages. WHEREFORE, Defendant Venator Group Corporate Services, Inc. demands judgment in its favor and against the Plaintiff and that it be awarded reasonable attorney's fees and costs together with such other relief as the Court may deem just and equitable. COUNT II - Pennsylvania Wage Payment and Collection Law 14. Defendant Venator hereby incorporates its Answers to Paragraphs One (1) through Thirteen (13) of Plaintiff's Complaint by reference as if fully set forth herein. 15. The averments set forth in Paragraph Fifteen (15) of Plaintiff's Complaint are conclusions of law to which to no response is required. To the extent the averments are deemed to be factual in nature and a response is necessary, the Wage Payment and Collection Law at 43 P.S. §260.1 et seq. speaks for itself and need not be Admitted or Denied. -3- 16. The averments set forth in Paragraph Sixteen (16) of Plaintiff's Complaint are conclusions of law to which to no response is required. To the extent the averments are deemed to be factual in nature and a response is necessary, the Wage Payment and Collection Law at 43 P.S. §260.1 et seq. speaks for itself and need not be Admitted or Denied. 17. The averments set forth in Paragraph Seventeen (17) of Plaintiff's Complaint are conclusions of law to which to no response is required. To the extent the averments are deemed to be factual in nature and a response is necessary, the Wage Payment and Collection Law at 43 P.S. §260.1 et seq. speaks for itself and need not be Admitted or Denied. 18. Denied. It is specifically Denied that Venator has failed to pay any wages that were due and owing to Plaintiff. 19. The averments set forth in Paragraph Nineteen (19) of Plaintiff's Complaint are conclusions of law to which to no response is required. To the extent the averments are deemed to be factual in nature and a response is necessary, it is specifically Denied that Venator failed to pay Plaintiff any wages due and owing to him or that it deliberately, wantonly and in bad faith failed to satisfy any legal obligation it may have owed to the Plaintiff under Pennsylvania's Wage Payment and Collection Law. 20. The averments set forth in Paragraph Twenty (20) of Plaintiff's Complaint are conclusions of law to which to no response is required. To the extent the averments are deemed to be factual in nature and a response is necessary, it is specifically Denied that Venator owes Plaintiff reasonable attorney's fees and costs pursuant to Pennsylvania's Wage Payment and Collection Law. -4- WHEREFORE, Defendant Venator Group Corporate Services, Inc. demands judgment in its favor and against the Plaintiff and that it be awarded reasonable attorney's fees and costs together with such other relief as the Court may deem just and equitable. NEW MATTER 21. Plaintiff has failed to state a claim upon which relief can be granted under Pennsylvania law. 22. Plaintiff has failed to properly plead a cause of action against Venator Group Corporate Services, Inc. under Pennsylvania law. 23. Plaintiff's cause of action, the existence of which is denied, is barred by the applicable statute of limitations and/or statute of repose under Pennsylvania law. 24. Plaintiff's claims are barred by the doctrines of estoppel, waiver and/or laches. 25. Plaintiff's claims are barred by the doctrine of accord and satisfaction. 26. Venator Group Corporate Services, Inc has fully compensated Plaintiff for all monies due and owing to him under the Cost Recovery Incentive Plan. 27. Venator Group Corporate Services, Inc. has fully satisfied the terms and conditions of any and all agreements entered into with the Plaintiff. 28. At no time material hereto did Venator Group Corporate Services, Inc. violate the Pennsylvania Wage Payment and Collection Law at 43 P.S. §260.1 et seq. 29. Venator Group Corporate Services, Inc. breached no duty of care it may have owed to the Plaintiff at any time relevant hereto. -5- 30. Plaintiff has not suffered any damages as a result of the conduct averred in Plaintiff's Complaint. 31. Venator Group Corporate Services, Inc. gives notice that it intends to rely on such other and further defenses as may become available or apparent during discovery in this action and hereby reserves the right to assert any such defense or defenses. WHEREFORE, Defendant Venator Group Retail Corporate Services, Inc. demands judgment in its favor and against the Plaintiff and that it be awarded reasonable attorney's fees and costs together with such other relief as the Court may deem just and equitable. Respectfully submitted, Date: /0// f/0/ Marc A.-Mo er, Esq. Attorney 1 . Number 76434 DUANE, ORRIS & HECKSCHER LLP 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5538 Attorneys for Defendant Venator Group Corporate Services, Inc. BBG182398.1 -6- VERIFICATION I, WALTER E. SPRAGUE, hereby depose and state that I am Assistant Vice President of Human Resources for Venator Group Corporate Services, Inc., the Defendant in this case; that I am authorized to make this Verification on behalf of the Corporation; and that I have read the foregoing Answer and New Matter, which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my information, knowledge and belief although the language is that of my counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: Walter E. Sprague jfiffi9A/T-- Vice President of Human Resources Venator Group Corporate Services, Inc. CERTIFICATE OF SERVICE On this T day of September, 2001, I, Ruth M. Forsythe, a secretary in the law offices of Duane, Morris & Heckscher LLP, hereby certify that I have served this day true and correct copies of the foregoing Answer and New Matter of Defendant Venator Group Corporate Services, Inc. to Plaintiff's Complaint in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Frank P. Clark, Esq. CLARK LAW OFFICE 3045 Market Street, Second Floor Camp Hill, PA 17011 (Attorneys for Plaintiff) Ruth M. Forsythe rT P? ._" COMMONWEALTHOFPENNSYLVANIA -- COURT OF COMMON PLEAS - JUDICIAL DISTRICT _- _. NOTICE OF APPEAL ? _. -- - " - -- FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0? - .S(( to clot, l (-s r C__Fe Y1'1 NOTICE OF APPEAL Notice is given that the appellant has filed in the. above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned belgw. NAME OF APPELLANT MAG. DIST. NO' OR NAME OF 41 The Venator Group, Inc. 09-1-01 Charles Clement ADDRESS OF APPELLANT CITY - STATE ZIPCODE 3543 Simpson Ferry Road Camp Hill PA- 17011 DATE OF JUDGMENT IN THE CASE OF (PLAIN7IFFJ (DEFENDANT) 07/16/01 Jeffrey A. Mason vs,_The Venator Group, Inc. CLAIM NO. CV YEAR CV- SIGNATURE OF AP NT OR HIS ATTORNEY OR AGENT 0000342-01 LT YEAR This block will be signed ONLY when this notation.is_required ,alder PA___ . If appYFILE was Claimant (see PA R.C.P.J.P. R.CP.J.P. No. 1008B. 7in action be/ore district Justice, he This notice of Appeal, when received by the District. Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. - - _ MUS A-COMPLAINT within twenty (20) days alter lifing his NOTICE of APPEAL.. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANTfsee PA R C.P.J.P. No. 1001(7) in actio0.befofe.District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. - - - PRAECIPE: To Prothonotary Enter rule upon Jeffrey A. Mason - - - - - - -- -appellee(s), to file a complaint in this appeal Name ofappellee(s) - - (Common Pleas No. U/-'/LB_I?p 102,c? within twenty (20) days after service of r) or suffer entry of judgment of non pros. ature of appellant or his attorney or agent RULE: To Taffre? A- asnn appellee(s) Name of aMppeflee(s) (1) You are notified that a rule-is hereby entered upon you to (ilea complaint in this appeal within twenty(20) days - after the data= of service of this rule. upon you by personal service or by certified or registered mail. (2) If youdo not_file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU - UPON PRAECIPE.- (3) The date of service of this rule if service tvos-by mail is the date of the mailing. n° - Date: tqr t ? c2. Year Signature of othonotary or D--pa White - Prothonotary Copy Green - Court File Copy - - - - -"-" Yellow - Appelant's Copy - - - - - - -- - - --- - Pink - Appellee Copy ? _ - - - - _ Gold - D. J. Copy Proth. - 76 C7 Z -- ?,^ Q rl _ ny ?? t.i. - D V PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED. WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF LJ('a U i V1 ; ss AFFIDAVIT: I hereby swear or affirm that I served .?7t a-copy of the Notice of Appeal, -Common lPleas No. V 1" Lr4,X V i (:A01 , upon the District Justice designated therein on kSl (date of service) _ 1,311 , year _ 7.O© 1? by persotlAl service ®<y (cert fie (registered) mail, sender's receipt attached hereto, a upon the appellee, (name Je?;ryrep-?3 19 - Mac. SS.{f_i7_._._._ -. .._._._, on YI LA f?(D , year _ yl, ? by personal service ®by (cenitied) (registered) mail, sender's receipt attached hereto. . 51 ..and further that I served the Rule to file a Complaint accompanying. the above Notice of Appeal upon the appellee(s tp-_,. whom the Rule was addressed on year LbQL, ? by personal service tab (certified) ( gi stered) mail, sender's receiptattached hereto. 1 SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ?" 1 DAY OF YEAR Signature of official before whom affkJaviatle I)e. •??? , Title of official t.A Signature ofAffianot My commission expires one? ` ,year zwS NOTARIAL SEA MICHELLE M. DEALY, Notary Public Cittyy of Harrisburg, Dauphin Coun M MOW - "resJu -2 5 ..o S ? M1 M Ln Postage $ rR Certified Fee 0 p /@ ecei rru (EndoRet rs not Requireed) •S V ??`- p 'Z. C3 Endowed Delivery Fee li t C3 (Endorsement nt Required) @@ p?? p .p * U fpU Total Postage & Few Ln Reclp/ent s N me (Please pprint clearly (To be co ?? O (? I pO O pt no.: or ?rh o = -O -_-- IlV C? M aUs?- ciry score ................... M1 X' re Z nP. 4L1. 11 .U rt I a A I! M r, M1 O tr) Postage $ J P,1 ra p Certified Fee b C -j k 0 fTl Return Receipt Fee (Endorsement Required) ar 1 . r1-I . ? QR1 p owm nt y Fee Restricted (Endowment Required) ? 'y G p t Q V p Total Postage & Feea 1 ?. U G Lr) Rl C3 ecl lent s Namep? [Please Print Clearly) (To be completed by maller) 1..r.?CA. ......._C...'..D--_---------------- . P1-r No . 06 o . o Streat, Apt!lIYYYa or s o- 5 ?k-e.. 5 - . Z.nd--??os? - C3 M1 CHY to, ZIP+4 I I y? ( rJ 7 q ! V Jim :rr, rrr 3 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q( - //4.24? "V X FCAYY1, NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. The Venator Group, Inc. 09-1-01 Charles Clement ADDRESS OF APPELLANT CITY STATE ZIP CODE 3543 Simpson Ferry Road Camp Hill PA 17011 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 07/16/01 Jeffrey A. Mason „s.The Venator Group, Inc. CLAIM NO. SIGNATURE OF AP NT OR HIS ATTORNEY OR AGENT CV YEAR CV-0000342-01 LT YEAR This block will be signed ONLY when this notation is required under PA. If appella was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10086. No. 10 (6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUS FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE. (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Jeffrey A. Mason appellee(s), to file a complaint in this appeal n Name ofappellee(s) (Common Pleas No. a- 4&S l? i I within twenty (20) days after service of r I or suffer entry of judgment of non pros. atuie of appellant or his attorney or agent RULE: To Jeffrey A- Mason ,appellee(s) Name of appellees) (1) You are notified thata rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not Aile acornplaint within {his tits e, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: JQ t-,-T-J- c Year White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Signature of othonotary or epu NOTICE OF APPEAL Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILE17'W(THIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) year __ , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name on year - ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _, year.- ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. _ SWORN (AFFIRMED) AND SUBSCRIBED BE'FORE ME THIS DAY OF YEAR _ Signature of official before whom alfidavit was made Title of official My commission expires on year Signature ofAffient n CD -Y `'Ci 07/27/01 09:59 RAY 717 761 8580 COMMONWEALTH OF PEN)LYLVANIA -COUNTY OF CIINIDERLAII Mag. Di.l. NO.. 09-1-01 DJ Name: Hon- CHARLES A. EMENT, JR. Addw=s 1106 CARLISLE) ROAD - CAMP HILL, P 701ephnnel (717) 761-4940 17011 THR VENAT'OR GROUP INC. 3543 SIMPSON FERRY ROAD CAMP HILL, PA 1701 THIS IS TO NOTIFY YOU TAT: Judgment: _nRF Judgment was entered)) for: (Name) mA ® Judgment was entered against: (Name) - Tin in the amount of $ on: Defendants are jointly and severally liable. El Damages will be ass 17 This case dismissed ? Amount of Judgment AttachmenUACt 5 of 1 Q Levy is stayed for 7 Objection to levy has Date: Time: on: prejudice. bject to D J CLEMENT Z002 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLANT17; NAME and ADDRESS 44ASON, JEFFREY A 12359 RAINTREE AVE PICKERINGTON, OR 43147 L J V5. DEFENDANT: NAME aid ADDRESS FTHE VMATOR GROUP, INC. 7 3543 SIMPSON FERRY ROAD LCAMP HILL, PA 17011 J DocketNo.: CV-0 000342-01 Date Filed: 6/15/01 'AULT Jun- LTH ONP -TERRY A ' VRNATQR V_ROTT _ INC (Date of Judgment) 7/1 15/1711 (Date & Time) days or ? generally stayed. filed and hearing will be held: Place: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ ----- ----- Certified Judgment Total $ ANY PARTY HAS THE RIGHT ?O APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROT ONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRLPT FORM WITH YOUR NOTICE OF APPEAL. 7/16/2001 Date I certify that this is a true Du1e District Justice correct copy of the record of the proceedings containing the judgment. District Justice My commission expires fiat Monday of January, 2002 SEAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY A. MASON, : COMMON PLEAS NO. 01-4636 : CIVIL TERM Plaintiff, V. THE VENATOR GROUP, INC., Defendant. PLAINTIFF'S REPLY TO NEW MATTER 21. The averment is a conclusion of law to which no response is required and is therefore denied. 22. The averment is a conclusion of law to which no response is required and is therefore denied. 23. The averment is a conclusion of law to which no response is required and is therefore denied. 24. The averment is a conclusion of law to which no response is required and is therefore denied. 25. The averment is a conclusion of law to which no response is required and is therefore denied. 26. The averment is a conclusion of law to which no response is required and is therefore denied. 27. The averment is a conclusion of law to which no response is required and is therefore denied. 28. The averment is a conclusion of law to which no response is required and is therefore denied. 29. The averment is a conclusion of law to which no response is required and is therefore denied. 30. The averment is a conclusion of law to which no response is required and is therefore denied. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant, in an amount not in excess of the jurisdictional limit for mandatory arbitration of claims, together with costs, reasonable attorneys fees, interest and such other further relief as may be just. CLARK LAW OFFICE Dated: October 11, 2001 By: Frank P. Clark, I.D. #35443 3045 Market Street, 2' Floor Camp Hill, PA 17011 (717) 731-8600 Attorneys for Defendant VERIFICATION The undersigned, Frank P. Clark, of the Clark Law Office hereby verifies that he is Plaintiffs attorney of record in the foregoing matter, that he executes this Verification on Plaintiffs behalf, and that the facts set forth in the foregoing Plaintiff's Reply to New Matter are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18Pa.C.S. Section 4904 relating to unswom falsification to authorities. e- Frank P. Clark 3 CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Reply to New Matter upon the following below- named party by depositing same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this 11th day of October, 2001 SERVED UPON: Marc A. Moyer Duane, Morris & Heckscher, LLP 305 N. Front Street, 5s' Floor P.O. Box 1003 Harrisburg, PA 17108-1003 J-'U?L c Ca Frank P. Clark 4 t7 0 C [['i??i77yy p L S c?_ fV yG.am' ? 9 0 r zi _f -?^n _-ct3 ?-s1. C7 stn C ?:-_ _.-. ?&I ... ??i °?N.??v?au . ,.`?. ,,.????az. non .?aorrn+??e?lre?•}?xa?.. , 1t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY A. MASON, Plaintiff, V. THE VENATOR GROUP, INC., Defendant. COMMON PLEAS NO. 01-4636 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification of Jeffrey A. Mason for the Verification signed by Frank P. Clark and attached to the Complaint filed by Plaintiff, Jeffrey A. Mason. Respectfully submitted, Dated: September 10, 2001 By: CLARK LAW OFFICE Frank P. Clark, I.D. #35443 3045 Market Street, 2nd Floor Camp Hill, PA 17011 (717) 731-8600 Attorneys for Plaintiff VERIFICATION The undersigned, JEFFREY A. MASON, hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief and further states that statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. / lYln /a JE . MASON Dated: k/ 9/ ? ._ m s CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Reply to New Matter upon the following below- named party by depositing same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this 11th day of October, 2001 SERVED UPON: Marc A. Moyer Duane, Morris & Heckscher, LLP 305 N. Front Street, 5a` Floor P.O. Box 1003 - Harrisburg, PA 17108-1003 Frank P. Clark 4 } g 7 C?j - Pq F 11- 0 p ra V p 1 JEFFREY A. MASON, Plaintiff V. THE VENATOR GROUP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4636 CIVIL TERM CIVIL ACTION - LAW IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 6th day of December, 2001, this matter having been called for argument with respect to the motion of the defendant to compel discovery, the following is directed with regard to outstanding interrogatories: 1. The plaintiff shall respond to interrogatory 1, subsections a, b, c, and d, to interrogatory 2, to interrogatory 3 (a), to interrogatory 13, and to interrogatory 17. 2. The remainder of the motion to compel is dismissed as moot with the understanding that the obligation of the plaintiff to update discovery is ongoing. With respect to the motion to compel request for production of documents, it is directed as follows: 1. The objection to the request with respect to number 5 is sustained. 2. The motion to compel with regard to the . Y remaining documents is dismissed as moot with the understanding that counsel for the plaintiff will attempt to ascertain a mutually convenient time for the exchange of documents within 30 days. By the Court, Frank P. Clark, Esquire For the Plaintiff Marc A. Moyer, Esquire For the Defendant :mae 12.13-0 RIN .1