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HomeMy WebLinkAbout99-01341 'I \ .,.- 0' r-; c'. .. '" ;::.~. Q ::-: " Ie - - L)" - .:..... .' u: ~~. ._l 'J~ " ....::. - -- ?'~ 2 ,J -0 . .-:.' 1,1) u..: N " :/ ~\ .;.-: ~ :::') :'c}J -, ".- o' m .;.. (~~ .:.:> ",... () . - v. IN TilE COURT OF COMMON PI.EAS OF CUMUERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -I.A W DANIEL C. BROWN, Plaintiff RONALD A. WELLER, N.T.M., INC., MINTEC, : INC., TERRY J. HELLER,: H & H PRECISION WIRE,: JEFFREY NESBIT and INNOV A TrVE PLASTICS: TECHNOLOGY, INC., Defendants NO. 99.1341 CIVIL TERM AND NOW, this ORDER OF COURT $ Haay of October, 1999, upon consideration of Plaintiffs Motion to Compel Response or for Sanctions, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, LU J.' Bruce D. Foreman, Esq. 4409 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Ronald A. Weller 2450 Waterford Condominium Camp Hill, PA 17011 Defendant, Pro Se A; "',L' 'I.:: I . '"";"''"::] ...~,',',"-,: ,. ", " : _.i. .'" 01 :1 1;',1 i}- J.JJ G5 I- I......, _4 ,_ __I , 0 I ~~~ ~.I).fL~i..'Lu;L IO.~.qq IlU~ DANIEL C. BROlIN, PlaintUf IN THE COURT 0.. COMMON PLIlA8 0.. CtlMllERLAND COUNTY, PENNSYLVANIA v. NO. 01341-1999 RONALD A. WILLER, N.T.M., INC., HINTEC, INC. TERRY J. HELLER, H . H PRECISION WIRE, JE....REY NESBIT and INNOVATIVE PLASTICS TECHNOLOGY, INC. Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED MOTION TO COMPEL RESPONSE OR POR SANCTIONS AND NOW, comes the Defendant, DANIEL C. BROWN, by his attorneys, Nicholas and Foreman, and requests this Honorable Court make an appropriate Order Compelling Response to Interrogatories or for Sanctions for Failure to Respond to written interrogatories pursuant to Pennsylvania Rule of Civil Procedure 4019, and in support thereof avers as follows: 1. petitioner is the Plaintiff to the above-captioned term and number. 2 . On or about March for Writ of Summons to the Petitioner. 8, 1999, plaintiff filed a Praecipe above-captioned term and number with 3. On or about August 13, 1999, Plaintiff, by his counsel, served a set of Interrogatories upon each named Defendant, requiring response thereto, according to the Pennsylvania Rules of Civil Procedure, by September 13, 1999. A true and correct copy of one of the sets of Interrogatories served is attached hereto, labeled Exhibit "A" and made a part hereof. 4. On or about September 13, 1999, no response to Interrogatories having been received, Plaintiff, by counsel, inquired in writing as to the status of the Intorrogatories and asked that the same be immediately responded to. A true and correct copy of the letter of September 13, 1999, io attached hereto, labeled Exhibit "8" and made a part hereof. 5. As of this date no response to interrogatories has been received from Defendants N.T.M.; Mintec, Inc., Precision Wire; Jeffrey Nesbit or Innovative Plastics Technology, Inc. 6. Answers to interrogatories received form Defendant Ronald Weller (Exhibit "C"), Terry J. Heller (Exhibit "0") and H&H precision Technology, Inc. (Exhibit "E") are non-responsive, as demonstrated in the answers, each attached hereto, labeled as indicated, and made a part hereof. 7. Pursuant to PA R. C. P. 4019, Petitioner respectfully requests that the Court issue an Order requiring answers to Interrogatories or imposing punishment for contempt under PA R.C.P. 4019 (4) with regard to non-answering Defendants and requiring responsive answers from answering Defendants requiring the Defendants to pay reasonable expenses of Petitioner, including attorney's fees incurred in obtaining sanctions and attempting to obtain discovery and such other Order as the Court deems appropriate. Respectfully submitted, Dated: '1/1)/99 NICHOLAS AND FOREMAN By B~~, ESQUIRE 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney ID #21193 Attorney for Plaintiff Ilrn"," Wcllcrlnlcrroa!J('I\'iIIlJUF DANIEL C. BROWN, Plainti ff : IN TIlE COURT OF COMMON PLEAS : CUMIlERLAND COUNTY, PENNSYLVANIA v. RONALD A. WELLER, N.T.M.,INC.. NO. 01341-1999 MINTEC, INC., TERRY J. HELLER. 11&11 PRECISION WIRE, JEFFREY NESBIT, INNOVATIVE PLASTICS TECHNOLOGY, INC..: CIVIL ACTION - LAW Defendant~ : JURY TRIAL DEMANDED INTERIWGA TORIES TO: Ronald A. Weller 2450 Waterford Condominiums Camp Hill, PA 17011 PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure No. 400 I, el seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. NIC~ & FORE1N. P.C. By: ~ '7 Bruce D. Foreman, EsqUIre 4409 North FrOllt Street Harrisburg, P A /71 10 (717) 236-9391 ID # 2 I 193 Attorneys for Plaintiff ~t\ 0 Cb\0 ~ EXHIBIT ~~ ~ I;; ~ DANIEL C. BROWN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : I'ENNSYLVANIA v. RONALD A. WELLER, N.T.M., INC., : NO. 01341-1999 MINTEC, INC., TERRY J. HELLER, H&H PRECISION WIRE, JEFFREY NESBIT, INNOVATIVE PLASTICS TECHNOLOGY, INC.,: CIVIL ACTION. LAW Dcfcndants : JURY TRIAL DEMANDED INTERROGATORIES TO: H&H Prccision Wirc 50 Rcd Hill Court Ncwport, PA 17074 PLEASE TAKE NOTICE that you are hcrcby rcquircd pursuant to Pcnnsylvania Rulcs of Civil Proccdurc No. 400 I, cl scq., to servc upon the undersigncd, within thirty (30) days after servicc of this Noticc. your Answcrs in writing under oath to the following Interrogatories. By: Bruce D. Foreman, qui 4409 North Front Street Harrisburg, P A 17110 (717) 236-9391 ID # 21193 Attorneys for Plaintiff DANIEL C.BROWN, Plaintill' : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, I'ENNSY!. VANIA v. RONALD A. WELLEH, N.T,M.. INc.. NO. 01341-1999 MINTEC,INC.. TERRY J.IIELLElt 11&11 PRECISION WIRE. JEFFREY NESBIT. INNOVATIVE ('LASTICS TECIINOLOCiY.INC,,: CIVIL ACTION. LAW Dcfendants : JURY TRIAL IJEMANDED INnmIW(;ATOlHES TO: Innovativc Plastics Technology. Inc. PO Box 239 Newport, PA 17074 PLEASE TAKE NOTICE that you arc hereby rcquired pursuant to Pennsylvania Rules of Civil Proccdure No. 4001, e/ self.. to scrvc upon the undersigned, within thirty (30) days after service of this Notice. your Answcrs in writing undcr oath to the following Intcrrogatories. By: Bruce D. Foreman, Esquir - 4409 North Front Street Harrisburg, P A 17110 (717) 236-9391 ID # 21193 Attorneys for Plaintiff DANIEL C. DROWN. Plaintiff : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. RONALD A. WELLER, N.T.M..INC" NO. 01341-1999 MINTEC, INC., TERRY J. HELLER, II&H PRECISION WIRE. JEFFREY NESDlT. INNOVATIVE PLASTICS TECHNOLOGY. INC..: CIVIL ACTION - LA W Defendants : JURY TRIAL DEMANDED INTERROGATORIES TO: NTM, Inc. RDI Newport, PA 17074 PLEASE TAKE NOTICE that you are hcreby rcquired pursuant to Pennsylvania Rules of Civil Procedure No, 4001, el self,. to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. NICHOLAS & FORE~~ BY:~ Bruce D. Foreman, Esquire 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 ID # 21193 Attorneys for Plaintiff DEFINITIONS AND INSTlWCTIONS A. Whenever Ihe lerm "document" is used herein. il includes (whclher or not spccilically called for) all printed, Iypewritten, handwritten, graphic or recorded mattcr, howcycr produecd or rcproduccd and however formal or infonnal. B. "Identify," when used in rcfercnce to a person, means to state in the answer in each instance herlhis full name, present or last known residence address and telephone number, and herlhis occupation or business. including the name. address and telephcne number of herlhis present employer and position. ifknown, C. "Identify," when used in referencc to a writing or document, means to state in the answer in each instance whethcr or not such document is known to be in existence at the time of making the answer, and (i) the date of the document; (ii) the type of document, e.g., letter, memorandum; (iii) the present or last known location(s) and custodian(s) of the document and all of its copies; (iv) the name. address, employer and position of caeh person who signed and/or prepared the document; (v) the names, address, employer and position of each person to whom the document was sent; and (vi) a brief statement of the subject matter of each document. If any such document is no longer in your possession or subject to your control. state what disposition was made of it, the date, and the identity of the person or persons responsible for such disposition and the policy, rule, order or other authority by which such disposition was made. D. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (i) The means of communication (e.g., telephone, personal conversation, etc.); (ii) Where it took place; (iii) Its date; (iv) The names. addresses, employers and pOSll1ons (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (v) The substance of who said what to whom and the order in which it was said; and (vi) Whether that communication or any part thereof is recorded, described or referred to in any document (however infonnal) and, if so. an identilication of such document in the manner indicated above. E. The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to anyone acting on your behalf. F. The words "incident", "accident" and "occurrence" shall be deem cd to mean and refer to the incidenl, as set fonh in PlaintilTs Complaint, whieh forms the basis for this lawsuit. G. These Interrogatories are deemed continuing and whenever additional information responsive to them is obtained by you. it shall be supplied to Plaintiffs as though expressly requested by separate Interrogatories, as rcquired by Rule 4007.4 of the Pennsylvania Rules of Civil Procedure. 2. If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to a claim against you as officer or as fiduciary with regard to Innovative Plastics Technology (hereinafter IPT) in this maner, or under a derivative shareholders claim, state the following with respect to each such policy: , i (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective date(s) of each policy; (d) T he amount of coverag~ provided for injury to each person, for each occurrence, and in the aggregate for each policy; and (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. 4. Describe in derail your relationship with IPT, including: (a) Description of your ownership or equity interest therein, if any; (b) All offices which you held and the dates held (including executive offices, member of board, etc.) (c) Describe any employment relationship or any contract relationship which you have or had with the eomp?ny including duties or responsibilities which you have or had and the manner in which you performed the same. (a) The persons who prepared the same; t ~ I I I ; , 6. State the person or persons who are responsible for preparing tax filings on behalf of IPT, identifying the same with specificity and the manner in which 1998 tax filings were prepared including: (b) Persons who made reports of tax information to shareholders for 1998. 9. Statc with spccificity your understanding of all currcnt owners of IPT including their: (a) Names; (b) Addrcsses; (c) The number of shares which they own; and (d) Thcir percentage ownership of IPT. (3) All equipmcnt; i_ I ! .' , , I' i , ! 10. List with specificity all 3SSets of IPT known to you dcscribing thc samc including its location and custodian approximating its valuc: (b) Invcl1lory; (c) Contracts; (d) Accounts rcccivablc. II. For all assets identified in answer to the I'receeding interrogatory. stale with specificity the manner in which you delermined its value. 13. According to J bJl.1nce sheet supplied Plaillliff by IPT or II & H Precision Wire, there is an accounts receivable to IPT from Edge Business Produl'u, Inc. in the amount of 5324,168.80. State with specificity your understanding as to how, when and for what purpose this account receivable was incurred and all steps which have been taken or are being taken to collect the SJOle. 17. Identify edch person who WdS d witness to the incorpomion, elcction of officers, responsibility of officers, bookkeeping, preparation of any balance sheets or financial statement of IPT, finances, or malters dealing with your exercise of fiduciary duties to IPT. r ! I ! i I , 19. If you know of the existence of ~ny photographs, motion pictures, video recordings, m~ps, di~grams, or models releV3ntto the instant c~se, state: (a) The nature or type of such item; (b) The d~te whcn such item was made; (c) Thc identity of the person that prepared or made cach itcm; and (d) The subject that each item represcnts or portrays. lAW U'f1cn STEVE C. NICHOLAS BRUCE D. fOREMAN JEff FOREMAN YVONNE M. HUSIC JAMES L. WALSH NICHOLAS & FOREMAN, P.C. "09 NOJlTH rnONT STREET HAlIAISBURO. PENNSYLVANIA 11110.1109 nu~ (1111236-9391 'A:!. (1111~2 September 13. 1999 Ronald A. Weller 2450 Walerford Condominiums Camp Hill, PA 17011 INRE: DANIEL C. BROWN \'. RONALD A. WELLER, N.T.M., INC., MINTEC, INC., TERRY J. HELLER, H&H PRECISION WIRE, JEFFREY NESBIT and INNOVATIVE PLASTICS TECHNOLOGY, INC. CUMBERLAND COUNTY DOCKET II 01341-t999 Dear Mr. Weller: As you are aware, on August 13, 1999, Interrogatories, or written questions, were transmitted to you in aid of execution on behalf of Daniel C. Brown, Plaintiff in the above- captioned matter. According to the Pennsylvania Rules of Civil Procedure, the Interrogatories were to have been responded to, either by verified answer or objection, within thirty (30) days. You have failed to meet this deadline. Because you have missed the deadline for responding to the Interrogatories served upon you, we are now in a position to file with the Court of Common Pleas to ask for sanctions to be entered against you pursuant to the Pennsylvania Rules of Civil Procedure as promulgated by the Pennsylvania Supreme Court. The sanctions could include laxing costs against you or even holding you in contempt of Court. Before we proceed with this, we are again notifying you to give you all reasonable 9Pportunity to supply the Answers to Interrogatories. Please let us hear from you within one week. Very truly yours, Bruce D, Foreman BDF.cln cc: Daniel C. BrO\m ~ EXHIBIT ~ ~ 0 :i -D- < LAW O"ICU STEVE C. NICHOLAS BRUCE O. FOREMAN JEFF FOREMAN YVONNE M. HUSIC JAMES L. WALSH NICHOLAS & FOREMAN, P.C. 4409 NOATH FRONT STREET HARRISBURG. PENNSYLVANIA 17\10.1709 September 13, 1999 MlNTEC, INC. 2450 Waterford Condominiums Camp Hill, PA ]7011 IN RE: DANIEL C. BROWN v. RONALD A. WELLER, N.T.M., INC., MINTEC, INC., TERRY J. HELLER, H&H PRECISION WIRE, JEFFREY NESBIT and INNOVATIVE PLASTICS TECHNOLOGY,INC. CUMBERLAND COUNTY DOCKET # 01341-1999 To whom it may concern: As you are aware, on August 13, 1999, Interrogatories. or wrillen questions, were transmitted to you in aid of execution on behalf of Daniel C. Brown, Plaintiff in the above- captioned mailer. According to the Pennsylvania Rules of Civil Procedure, the Interrogatories were to have been responded to, either by verified answer or objection, within thirty (30) days. You have failed to meet this deadline. Because you have missed the deadline for responding to the Interrogatories served upon you, we are now in a position to file with the Court of Common Pleas to ask for sanctions to be entered against you pursuant to the Pennsylvania Rules of Civil Procedure as promulgated by the Pennsylvania Supreme Court. The sanctions could include taxing costs against you or even holding you in contempt of Court. Before we proceed with this, we are again notifying you to give you all reasonable opportunity to supply the Answers to Interrogatories. Please let us hear from you within one week. Very truly yours, Bruce D. Forem~n BDF,cln cc: Daniel C. Brown ThtP'ttONIt (7\7) 236-939\ fA>. (717) 236-6602 , [ s I ~ i I I LAW 0,,.C1I STEVE C. NICHOLAS BRUCE D. FOREMAN JEFF FOREMAN YVONNE M. HUSIC JAMES l. WALSH NICHOLAS & FOREMAN, P.C. UO'l NORTH FRONT STREET HARRISBURG. PENNSYLVANIA 17110.1709 Septembcr 13, 1999 NTM, INC. RD I Newport, PA 17074 INRE: DANIEL C. BROWN v. RONALD A. WELLER, N.T.M., INC., MINTEC, INC., TERRY J. HELLER, H&H PRECISION WIRE, JEFFREY NESBIT and INNOVATIVE PLASTICS TECHNOLOGY, INC. CUMBERLAND COUNTY DOCKET II 01341.1999 To whom it may concern: As you are aware, on August 13, 1999, Interrogatories. or written questions, were transmitted to you in aid of execution on behalf of Daniel C. Brown, Plaintiff in the above- captioned matter. According to the Pennsylvania Rules of Civil Procedure, the Interrogatories were to have been responded to, either by verified answer or objection, within thirty (30) days. You have failed to meet this deadline. Because you have missed the deadline for responding to the Interrogatories served upon you, we are now in a position to file with the Court of Common Pleas to ask for sanctions to be entered against you pursuant to the Pennsylvania Rules of Civil Procedure as promulgated by the Pennsylvania Supreme Court. The sanctions could include taxing costs against you or even holding you in contempt of Court. Before we proceed with this, we are again notifying you to give you all reasonable opportunity to supply the Answers to Interrogatories. Please let us hear from you within one week. Very truly yours, Bruce D, Foreman BDF.cln cc: Daniel C. Brown ff~(PHON( (711123&-9391 'AX (717) 236-6G02 DEFINITIONS AND INSTRUCTIONS A, Whenever the tenn "document" is used herein, it includes (whclher or not specifically called for) all printed, typewritten, handwritten, graphic or recorded maller, however produced or reproduced and however formal or infonnal. B. "Identify," when used in reference to a person, means to stale in the answer in each instance her/his full name, present or last known residence address and tclephone number, and her/his occupation or business, including the name, address and telephone number of hcrlhis present employcr and position, ifknown. C. "lderuify," when used in reference to a writing or document, means to state in the answcr in each iJ\stance whether or not such document is known to be in existence at the time of making the answer, and (i) the date of the document; (ii) the type of document, e.g., leiter, memorandum; (iii) the present or last known location{s) and custodian(s) of the document and all of its copies; (iv) the name, address, employer and position of each person who signed and/or prepared the document; (v) the names, address, employer and position of each person to whom the document was sent; and (vi) a brief statement of the subject matter of each document. If any such document is no longer in your possession or subject to your control, state what disposition was made of it, the date, and the identity of the person or persons responsible for such disposition and the policy, rule, order or other authority by which such disposition was made. D. Whenever you are asked to "identify" an oral communication, the following infonnation should be given as to each oral communication of which you are aware, whether or not you or ot~lfrs were present or participated therein: , (i) The means of communication (e.g., telephone, personal conversation, etc.); (ii) \'Illere it took place; (iii) Its date; (iv) The names, addresses, cmployers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (v) Ti,e substance of wlio said what to whom and the order in which it was said; and (vi) Whether that communication or any part thereof is recorded, described or referred to in any document (however infOlmal) and, if so. an identification of such document in the manner indicated above, E. The term "you" shall be deemed III mean and refer to the party to whom these Inlerrllgalllries have been propounded fllr ans\\'er and shall also be deemed to refer to anyone acting nil your ht:hnlt: ."::: J. (a) , (b) (c) -f (d) (e) (Q (g) (h) (i) ~I' t (9) Your full name; ;f6AfftG() !/USt:?l7 lvc'Ze.&-- Each other name, if any, which you have used or by which yo~ have been known; 11/ It The name of YOll spouse from 1995 to the present and the date and place of your marriage to such spouse; ;1/' IT The address of you present residence and the address of each other residence which you have had during tqe.past five (5)years; hi. 8Jtf C{/t.(!1:;Vtrl'!/ C//lC.'-C' - #IIVdt/4"'A'7 q.. Your present occupation and the name and address of your cm'p'loyer; gtSi/f/€=.n .449. IV r/C( //VL.. Date of your birth; ./ p- ~- L" - rr---J Your Social Security number; /9 J - J t. 0] c:; J' Your military service and positions held, i(any; and /1(1- The schools you have attended and the degrees or certificates awarded, if any. as ( .fl(/I/(lj-l/J #1((// -r CQ"n L {)f ,'P{J~ WI t....L.( tJ7t.IS I',.-n 7 . "/ a q';. J 1;P f' (/o/!/j- .-Z;Vr , , ;< ffO VUA7<::/'l.Pvt\-f? G\4r ~lL.L/ p{.. ~LOy 2. < ~ If you ~rc covered by ~ny type of insur~nce, incl!ng ~ny excess:: umbrell~ insur~nce, tll;\t might be ~pplic~ble to a c1~im ag~inst yo~as officer or ~s fiduciary with reg~r~ to Innov~tive Pl3stics Technology (herein~fter 1'Pl) in this m~tter, or under ~ deriv~tive sh~reholders c1~im, state the following with rospect to each such policy: (~) The n~me of the insur~nce c~rrier which is,5ued the policYi I1f I}- ,. ;, , I ; I ! , The n~med insured under e~ch policy ~nd the policy number of e~ch policYi IV 4- (c) The type(s) ~nd effective d~te(s) of e~ch policy; IVI1- (b) (d) The ~mount of rover~ge provided for injury to e~ch person, for e~ch occurrence, ~nd in the ~ggreg~te for e~ch policy; and #' A- E~ch exclusion, if any, in the policy which is applic~ble to any claim thereunder and ~ny re~sons, if ~ny, why.ryou or the c~rrier c1~im the exclusion is ~pplic~ble. . ;(;1 (e) I'li , 6. Stilte the person or persons who arc responsible for preparing tax filings on behalf of IPT, identifying the same with specificity and the milliner in which t998 tax filings were prepared including: (a) The persons who prepared the same; 5fcll.LOItN t HLITL (b) Persons who made reports of tax informaliolllO shareholders for 1998. S'#1 \.S' tit , 7. DC5cribc in detail your relationship with Edge Busincss Products, including: (a) Description of your ownership or cquity interest thcrein, if any; AlA- (b) All offices which you held or hold(including executive offices, member of board, etc,) N fJ- . (c) Dcscribe any employment relationship or any contract relationship which you have or had with the company including dutics or responsibilities which you have or had and the manner in which you performed the same. ,AI' 4 ~i' , , 10. List with specifiCIty all assets of IPT known to you descril.inl: th. ulI1e including ill loc.1tion and custodian approxim.ting its v.lue: , (,\) All equipment; T- 1)()N T -K"'Ou) (b) Inventory; (e) Contracts; (d) Accounts receivable. ',I , . 13. According to ~ bal~nce sheet supplied I'I.limiff hy 11''1' or II & H Precision Wire, there is ~n ~ccounts receiv~ble to IPT from Edge Business I'roducn, Inc. in the ~mount of S324,168.80. State with specificity your undermnding ~s to how, when and for what purp!>se this account receivable wn incurred ~nd all steps which have been taken or are being taken to collect the same. i' t . 1 ;. u\.IJl~OuJ ~{ 'il . ~ . 15. DClcribc with lpccificity any liccming or bUlinels arrangement of which you are aware or h;lvc knowledge of under which IPT licenses or otherwile allow the Ule of any tcch~ology developed by IPT for sale, use or development by any other party, corporation or entity. " I" u\.~ lLIJuw ^f " III , t 17. Idcntify (."h pcrson who was 3 witncss to thc incorpor3tioo, election of officcrs, rcsponsibility of officers, bookkecpin~. prep3micJIl of 30Y b3130ce sheCll or fin3nci31 lUtcmcnt of (PT, fin3occs, or mmers de31ing with your exercisc of fiduciuy duticsto (PT. 181.tv-( l~IVl~ J7:;p~ \\i~~\-:'1l1 ~l..\ WCLI..0'- Gf1\.f l~ (L-E'(lh()L~').[ ., , I .. .. . 20. If YOll, or someone not an expert subject to l'J. R.C./'. No. 4003.5, conducted any investigations of the instant case, identify: '(..) Each person, and the Imployer of each person, who conducted any invcsrigation(s); and (b) All notes, repons or other documents prepared during or 35 3 result or the investigation(s) and the persons who have custody thereof. l .l{AJE" (\.(nl I' f . . _. ..... . . 21. Identify each person you intend to call as a not.expert witness at the trial of this case, O\I1d for each person identified state your rrlationship with the witness and the substance of the facts to which the witness is expected to testify. . i I I /D 1/7 c f.l,.C 'Ot1.4.YlktNtO ( i I I I I ( " I f , , 22. Identify e.lch expert you intend to call as a witness at the trial of this mmer, and (or each expert state: (.\) The subject maner about which the expert is expected to testify; and (1)) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) . IV ~<:: D t- TI..A Yl!v\ (10 c"D ./ I, , DEFINITIONS ANI> tNSTRUCTIONS A. Whenever the term "document" is used herein. it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recordcd mattcr. however produced or reproduced and however formal or informal. B. "Identify," when used in refercnce to a person, mcans to slate in the answer in each instance herlhis full name, present or last known residcnce address and telephone number, and herlhis occupation or business, including thc name, address and telephone number of her/his present employer and position, if known. C. "Identify," when used in refcrence to a writing or document, mcans to state in the answer in each instance whether or not such document is known to be in existence at the time of making the answer, and (i) the date of the document; (ii) the type of document, e.g., letter, memorandum; (iii) the present or last known location(s) and custodian(s) of the document and all of its copies; (iv) the name, address, employer and position of each person who signed and/or prepared the document; (v) the names, address, employer and position of each person to whom the document was sent; and (vi) a brief statement of the subject matter of each document. If any such document is no longer in your possession or subject to your control, state what disposition was made of it, the date, and the identity of the person or persons responsible for such disposition and the policy, rule, order or other authority by which such disposition was made. D. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (i) The means of communication (e.g" telephone, personal conversation, etc.); (ii) Where it took place; (iii) Its date; (iv) The names, addresses, employers and pOSll1ons (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (v) The substance of who said what to whom and the order in which it was said; and (vi) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and. if so, an identification of such document in the manner indicated above, E. The term "vou" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also bc decmed to refcr to anyone acting on your behal [ F. The words "incident", "accident" and "occurrence" shall be dcemed to mean and refer to the incident, as sct forth in Plaintifrs Complaint. which forms the basis for this lawsuit. G. These Interrogatories are deemed continuing and whenever additional information responsivc to them is obtained by you, it shall be supplied to Plaintiffs as though expressly requested by separate Interrogatories, as required by Rule 4007.4 of the Pennsylvania Rules of Civil Procedure. 2. If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to a claim against you as officer or as fiduciary with regard to Innovative Plastics Technology (hereinafter IPT) in this matter, or under a derivative shareholders claim, state the following with respect to each such policy: (a) The name of the insurance carrier which issued the policy; clfr- The named insured under each policy and the policy number of each policy; / e/t;. The type(s) and effective daters) of each policy; Thee ~unt of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and C/IJ. Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. cln- (b) (c) (d) (e) 4. Describe in detail your relationship with IPT, including: (a) Description of your ownership or equity interest therein, if any; ,;L3 J. % (b) All offi;;s which you held and the dates held (including executive offices, member of board, etc.) -rr""'lo"<r I '7~:S- - f' e$ .~,.L (c) Describe any employment relationship or any contract relationship which you have or had with the company including duties or responsibilities which you have or had and the manner in which you performed the same. (J-Ju e-f/~ ......'" 1- (N C:U-'ll+,.wI:, 9. State with specificity your understanding of all current owners of IPT including their: (a) Names; Roo.) w(. ffv. 'O"clP N/!.J.'b,-If- /.er'7 I/d,{, ~4AJ.B,~.. (b) Addresses; c:.,/A- (c) The number of shares which they OW II; .\lId c./A- (e1) Their percentage ownership of IPT. feu 331 % .7J'~FP. 331 % T&r( (j3.J % f)A-r.; i {) % 10. List with specificity all assets of IPT known to you describing the same including its location and custodian approximating its value: (a) All equipment; cfi. Inventory; c/tJ- Contracts; cI#- Accounts receivable. C/~ (b) (c) (d) 12. Wilh regard to any accounts receivable owed to IPT identified in the answer 10 previolls interrogatories, slate with specificity what action or actions are being taken, to the best of your knowledge, 10 collecl the same. dA- DEFINITIONS AND INSTRUCTIONS A. Whenever the term "document" is used herein, it includes (whether or not spccifically called for) all printed, typcwritten, handwritten, graphic or recorded mattcr, however produced or reproduced and however formal or infomla!. B. "Identify," when used in reference to a person, means to state in the answer in each instance herlhis full name, present or last known residence address and telephone number, and herlhis occupation or business, including the name, address and telephone number of herlhis present employer and position, if known. C. "Identify," when used in refcrence to a writing or document, means to state in the answer in each instance whether or not such document is known to be in existence at the time of making the answer, and (i) the date of the document; (ii) the type of do'~ument, e.g., letter, memorandum; (iii) the present or last known location(s) and custodian(s) of the document and all of its copies; (iv) the name, address, employer and position of each person who signed andlor prepared the document; (v) the names, address, employer and position of each person to whom the document was sent; and (vi) a brief statement of the subject matter of each document. If any such document is no longer in your possession or subject to your control, state what disposition was made of it, the date, and the identity of the person or persons responsible for such disposition and the policy, rule, order or other authority by which such disposition was made. D. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (i) The means of communication (e.g., telephone, personal conversation, etc.); (ii) Where it took place; (iii) Its date; (iv) The names, addresses, employers and posll1ons (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (v) The substance of who said what to whom and the order in which it was said; and (vi) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such docllment in the manner indicated above. E. The term "you" shall be deemcd to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to anyone acting on your behalf. 4. Describe in detail your relationship with IPT, includin~: (a) Description 01 your ownership or equity interestthrrein, il an>'; ~ol'\e (b) All ollices which you held and the dates held (including executive ollices, membcr 01 board, etc.) ~()'^~ (c) Describe any employment relationship or any contract relationship which you have or had with the company including duties or responsibilitics which you have or had and the manner in which you performcd the same. \-\~\-\ ~e(~~I",..J Lr,es \>H 'Vvrc'r.C?se O,dt'r 7. Describe in detail your relationship with Edge Business Products, including: (a) (b) Description of your ownership or equity interest therein, if any; ~e'lf( v..-eCln! O~ I"t All oflices which you held or hold(including executive offices, member of board, etc.) l , f f ~Yf\ Describe any employment relationship or any contract relationship which you have or had with the company including duties or rcsponsibilities which you havc or had and the manner in which you performed the same. (c) \'-\ ) J\ 10: List with specificity all assm of IPT known to you describing the same including its location and custodian approximating its value: ".~:~~..1;-f r I ! I (a) All cquipmcnt; (b) In~c~8ry; (c) con~LB ^cco~l ~ceivable. (d) N)~ i i 15. Describe with specificity 'I1Y licensing or business arrangement of which you are aware or have knowledge of under which IPT licemes or otherwise allow the U5e of any technology developed by IPT for sale, use or development by any other party, corporation or entity. N}f\ r 24. If you intend to use any book, magazine, or other such writing at trial, stJte: (b) The name of the writing; N}T\ The author of the writing; Thc p'iL~er of the writing; The dat~1 p~lication of the writing; and The identi~ ~~e custodian of the writing. I ! I (a) (c) (d) Nr~ I ! I , ! I ! ! f , I I f [ ! (e) .,.. C:I >-- (l; <"'- r-: . ; .f 1\1(. } ..~ , ,. '.:. .,: . C?J; ,- " ':-~ 0 ~', :.:~ ~. ,,-; I..: C.. ,- i...... '!!IJ U I 'a. i. V. ~ H. 0' "j U a-. U " .