philadbundance reply

8/10/2019 Philadbundance Reply

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ANSWER1

1. Denied. Morgan Lewis denies the allegations contained in Paragraph 1 of the

Complaint. To the contrary, upon information and belief, the Philadelphia District Attorneys

office (the District Attorneys office or the Commonwealth) independently made the

decision to reopen its investigation and ultimately to recharge Burgos.


Complaint. To the contrary, upon information and belief, Philabundance, after conducting a

reasonable investigation, determined that Burgos had made inappropriate charges using a

donated Sunoco fuel card and reported the matter to the Philadelphia Police Department.

3. Admitted in part; denied in part. Morgan Lewis admits only, upon information

and belief, that Burgos was incarcerated for less than three months after the Honorable

Georganne V. Daher found that probable cause existed to believe that Burgos stole money from

Philabundance. Specifically, the Court stated:

SO, THIS GUY[, i.e., Plaintiff,] LUCKS UP. HE STOLE MONEY FROMPHILABUNDANCE, BUT WE CAN ONLY PROVE HE STOLE BETWEENTHREE AND FIVE [HUNDRED DOLLARS]. . . . WE CAN GO WITH THAT.WE GOT HIM FOR SOMETHING.

N.T. 1/19/2011, pp. 37-38. By way of further answer, upon information and belief, Burgos was

ordered held on $2,500 bail, and spent that time in jail because he did not post, nor did anyone on

his behalf post, a $250.00 bond and $10.00 processing fee. Morgan Lewis denies the remaining

allegations contained in Paragraph 3 of the Complaint.

4. Denied. Morgan Lewis denies that it learned anything about Mr. Bustos during

the time that Manuel Burgos was in jail. Morgan Lewis admits only that, during discovery in

1Morgan Lewis has no duty to respond to any contention presented by the headings of PlaintiffsComplaint. Such headings inaccurately state the facts of this case and will not be duplicatedwithin the instant Answer.

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the still-pending lawsuit Burgos filed after his incarceration (the 2011 Lawsuit), it learned that

Leonardo Bustos had made inappropriate charges on a Philabundance credit card, and that Mr.

Bustos admitted to making and reimbursed Philabundance for those charges. Morgan Lewis

denies the remaining allegations contained in Paragraph 4 of the Complaint.


Complaint, including the allegations of footnote 1 to the Complaint. To the contrary, upon

information and belief, Philabundance, after a reasonable investigation, determined that Burgos

had made inappropriate charges using a donated Sunoco fuel card and reported the matter to the

Philadelphia Police Department.

6. Admitted in part; denied in part. Morgan Lewis admits only that Burgos filed suit

against Philabundance and Chaundra Loesch in June 2011. Morgan Lewis denies the remaining

allegations contained in Paragraph 6 of the Complaint. To the contrary, upon information and

belief, Philabundance, after conducting a reasonable investigation, determined that Burgos had

made inappropriate charges using a donated Sunoco fuel card and reported the matter to the

Philadelphia Police Department.

7. Admitted in part; denied in part. Morgan Lewis admits only that it has

represented Philabundance and Chaundra Loesch in the 2011 Lawsuit and that Mr. Robinson,

Mr. Vonsover, Mr. Hayne, and Mr. Brigham have entered their appearances in that case.

Morgan Lewis denies the remaining allegations contained in Paragraph 7 of the Complaint.


Complaint, including the allegations contained in footnote 2 to the Complaint. To the contrary,

upon information and belief, the District Attorneys office independently made the decision to

reopen its investigation and ultimately to recharge Burgos.

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9. Admitted in part; denied in part. Morgan Lewis denies that it caused any charges

to be brought against Burgos and denies that any charges which the District Attorneys office

independently decided to bring were a sham. Morgan Lewis admits only that a preliminary

hearing was held on November 26, 2012, regarding the refiled criminal charges against Burgos.

Morgan Lewis lacks knowledge or information sufficient to form a belief as to the truth of the

remaining allegations contained in Paragraph 9 of the Complaint, and therefore, those allegations

are denied.


Complaint. Morgan Lewis admits only that, during Burgoss November 26, 2012, preliminary

hearing, Judge Paula A. Patrick found that Chaundra Loesch was not the appropriate custodian of

records for Philabundances Sunoco fuel card statements and then rescheduled the hearing to a

later date. Morgan Lewis lacks knowledge or information sufficient to form a belief as to the

truth of the allegations of what Judge Patrick believed or recognized or when she formed those

beliefs, and therefore those allegations are denied.

11.

Admitted in part; denied in part. Morgan Lewis admits only that Judge Patrick

rescheduled Burgoss November 26, 2012, preliminary hearing to December 5, 2012. Morgan

Lewis denies the remaining allegations contained in Paragraph 11 of the Complaint. Morgan

Lewis did not institute criminal proceedings against Burgos, nor did it create any evidence.

Upon information and belief, the District Attorneys office independently made the decision to

reopen its investigation and ultimately to recharge Burgos.

12. Admitted in part; denied in part. Morgan Lewis admits only that, on December

18, 2012, Judge Patrick denied the Commonwealths motion to refile the previously dismissed

criminal charges against Plaintiff. Morgan Lewis denies the remaining allegations contained in

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Paragraph 12 of the Complaint. To the contrary, Morgan Lewis did not attempt to persuade the

Philadelphia Court of Common Pleas that evidence existed to prosecute Burgos. Upon

information and belief, the District Attorneys office independently made the decision to reopen

its investigation and ultimately to recharge Burgos.

13. Admitted in part; denied in part. Morgan Lewis admits only that Mr. Brigham

attended the November 26 and December 18, 2012 hearings regarding the criminal charges

which the Commonwealth filed against Burgos. Morgan Lewis denies the remaining allegations

contained in Paragraph 13 of the Complaint.

14.

Denied. Morgan Lewis denies the allegations contained in Paragraph 14 of the

Complaint. To the contrary, upon information and belief, the District Attorneys office

independently made the decision to reopen its investigation and ultimately to recharge Burgos.




16.

Denied. Morgan Lewis lacks knowledge or information sufficient to form a belief

as to the truth of the allegations regarding Plaintiffs motive in bringing this lawsuit and,

therefore, those allegations are denied. Morgan Lewis denies the remaining allegations


17. Denied. Morgan Lewis lacks knowledge or information sufficient to form a belief

as to the truth of the allegations contained in Paragraph 17 of the Complaint and, therefore, those

allegations are denied.

18.

Admitted in part; denied in part. Morgan Lewis admits only that it is a law firm

with offices at 1701 Market Street, Philadelphia, PA 19103, that it employs Brandon J. Brigham

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and Amir J. Vonsover, and that Azeez Hayne and Blair J. Robinson are partners in the law firm.

The remaining allegations contained in Paragraph 18 of the Complaint are denied.


and belief, that Philabundance is a Pennsylvania non-profit corporation with offices located at

3616 South Galloway Street, Philadelphia, PA 19148. Morgan Lewis denies the remaining



and belief, that Chaundra Loesch is a Philabundance employee who works at 3616 South

Galloway Street, Philadelphia, PA 19148 and is a resident of New Jersey. Morgan Lewis denies

the remaining allegations contained in Paragraph 20 of the Complaint.


and belief, that William J. Clark is the President and Executive Director of Philabundance, which

is a Pennsylvania non-profit corporation with offices located at 3616 South Galloway Street,

Philadelphia, PA 19148. Morgan Lewis lacks knowledge or information sufficient to form a

belief as to the truth of the allegations concerning Mr. Clarks state of residence and, therefore,

those allegations are denied. Morgan Lewis denies the remaining allegations contained in

Paragraph 21 of the Complaint.


and belief, that Melanie S. Jumonville is the Senior Vice President and Chief Operating Officer

of Philabundance. Morgan Lewis lacks knowledge or information sufficient to form a belief as

to the truth of the allegations concerning Ms. Jumonvilles state of residence and, therefore,

those allegations are denied. Morgan Lewis denies the remaining allegations contained in

Paragraph 22.

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23. Denied. The allegations contained in Paragraph 23 of the Complaint constitute

conclusions of law to which no responsive pleading is required and are thus deemed denied.







27.

Denied. The allegations contained in Paragraph 27 of the Complaint constitute





Complaint.

30.

Admitted in part; denied in part. Morgan Lewis admits only that Burgos and an

individual who he falsely claimed was his wife filed suit against Philabundance and Chaundra

Loesch in June 2011. Morgan Lewis denies the remaining allegations contained in Paragraph 30

of the Complaint.

31. Denied. The allegations of this paragraph purport to refer to written documents,

the terms of which speak for themselves, and accordingly, Plaintiffs characterization thereof is

denied. Morgan Lewis denies the remaining allegations contained in Paragraph 31 of the

Complaint.

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and belief, that Burgos was offered a permanent position as a truck driver with Philabundance on

June 14, 2010, that Burgos accepted the offer, and that Philabundance terminated Burgos

employment on August 20, 2010. Morgan Lewis denies the remaining allegations contained in

Paragraph 32 of the Complaint. To the contrary, upon information and belief, the District

Attorneys office independently made the decision to reopen its investigation and ultimately to

recharge Burgos.

33. Denied. Upon information and belief, Morgan Lewis denies the allegations





and belief, that prior to Philabundances hire of Yadira Rosa, Leonardo Bustos, Philabundances

former Director of Logistics, oversaw the reconciliation of the Sunoco statements with

Philabundances usage of fuel for its fleet of vehicles and that Ms. Rosa assumed this

responsibility in July 2010. The remaining allegations contained in Paragraph 35 of the

Complaint are denied.


and belief, that, in July 2010, Yadira Rosa began reconciling the credit card statements

Philabundance received from Sunoco with the fuel receipts submitted by Philabundance

employees. The remaining allegations contained in Paragraph 36 of the Complaint are denied.

37.

Admitted. Morgan Lewis admits, upon information and belief, the allegations


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and belief, that Ms. Rosa informed Mr. Bustos that some of the charges on Philabundances July

2010 Sunoco statement appeared suspicious. The remaining allegations contained in Paragraph

38 of the Complaint are denied.


and belief, that Mr. Bustos informed Burgos of Philabundances reasonable belief that Burgos

had inappropriately used Philabundances Sunoco fuel cards. Morgan Lewis denies the

remaining allegations contained in Paragraph 39 of the Complaint.

40.

Denied. Morgan Lewis denies that it participated in any malicious scheme and

further denies that it withh[eld] critical information from anyone in association with this case.

Morgan Lewis further denies that it fabricat[ed] claims against Plaintiff or induce[d] the

Philadelphia District Attorneys office to prosecute Plaintiff. The District Attorneys office

independently made both the decision to initially charge and the decision to recharge Burgos

after further investigation. Morgan Lewis denies the remaining allegations contained in


41. Denied. Morgan Lewis denies, upon information and belief, the allegations

contained Paragraph 41 of the Complaint.





44.

Admitted in part; denied in part. Morgan Lewis admits only, upon information

and belief, that Ms. Loesch and Mr. Bustos performed a reasonable investigation into the

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improper use of Philabundances Sunoco fuel cards, identified Burgos as the culprit, and then

reported their findings to their superiors at Philabundance. Morgan Lewis denies the remaining


45.

Denied as stated. Morgan Lewis admits only, upon information and belief, that

Ms. Loesch and Mr. Bustos performed an investigation into the improper use of Philabundances

Sunoco fuel cards, identified Burgos as the person responsible for the improper use of the fuel

card that was assigned to the Philabundance vehicle which he most frequently drove, and then

reported their findings to their superiors at Philabundance. Morgan Lewis denies the remaining



and belief, that Ms. Jumonville did not conduct an independent investigation and instead relied

upon the investigation conducted by her subordinates. Morgan Lewis denies that the conclusions

reached from that investigation were unsupported. Morgan Lewis lacks knowledge or

information sufficient to form a belief as to the truth of the allegations regarding Mr. Clarks

actions and, therefore, those allegations are denied. Morgan Lewis denies the remaining


47.

Admitted in part; denied in part. Morgan Lewis lacks knowledge or information

sufficient to form a belief as to the truth of the allegations contained in Paragraph 47 of the

Complaint regarding the motivations and thought processes of Mr. Clark and Ms. Jumonville

and, therefore, those allegations are denied. Morgan Lewis admits only, upon information and

belief, that Philabundance decided to terminate Burgos employment and subsequently contacted

law enforcement to report his inappropriate use of the Sunoco fuel card. To the extent that the

allegations contained in Paragraph 47 purport to refer to written documents, the terms of such

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documents speak for themselves, and Plaintiffs characterization thereof is accordingly denied.

Morgan Lewis denies the remaining allegations contained in Paragraph 47.

48. Denied. The allegations contained in Paragraph 48 purport to refer to written

documents, the terms of which speak for themselves, and Plaintiffs characterization thereof is

accordingly denied. Morgan Lewis denies the remaining allegations contained in Paragraph 48.




Complaint.


and belief, that Philabundance terminated Mr. Bustos employment on or around November 12,

2010. Morgan Lewis denies the remaining allegations contained in Paragraph 51 of the

Complaint.


and belief, that Philabundance terminated Mr. Bustos employment on or about November 12,

2010. Morgan Lewis denies the remaining allegations contained in Paragraph 52 of the

Complaint.


Complaint.


and belief, that Burgoss preliminary hearing was initially listed for December 17, 2010 before

Judge Georganne V. Daher, at which time it was rescheduled for January 19, 2011. Morgan

Lewis denies the remaining allegations contained in Paragraph 54 of the Complaint.

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and belief, that a preliminary hearing was held before Judge Daher on January 19, 2011, and that,

at that hearing, the Commonwealth presented testimony from Ms. Loesch. Morgan Lewis denies

the remaining allegations contained in Paragraph 55 of the Complaint.


Complaint.

57. Admitted. Morgan Lewis admits the allegations contained in Paragraph 57 of the

Complaint.

58.

Admitted in part; denied in part. Morgan Lewis admits only, upon information

and belief, that Burgos spent less than three months in jail. Morgan Lewis denies the remaining



and belief, that Judge Teresa Carr Deni dismissed the charges against Burgos. Morgan Lewis

denies the remaining allegations contained in Paragraph 59 of the Complaint.

60.

Admitted. Morgan Lewis admits the allegations contained in Paragraph 60 of the

Complaint.

61.


Complaint.

62. Admitted in part; denied in part. Morgan Lewis admits only that the 2011

Lawsuit was initially placed in the September 2012 trial pool, then later moved to the November

2012 trial pool and then moved to the December 2012 trial pool. Morgan Lewis denies the


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64.


Complaint. To the contrary, the District Attorneys office requested copies of the documents

exchanged and transcripts of depositions taken in the 2011 Lawsuit and, in response, the District

Attorneys office was provided with: (1) all of the documents the defendants in the 2011 Lawsuit

produced in that case except those marked confidential under a protective order, (2) all of the

deposition transcripts from the 2011 Lawsuit, (3) the parties summary judgment briefing from

the 2011 Lawsuit, and (4) an index describing the documents marked confidential that were

not produced to the District Attorneys office.

65. Denied. Morgan Lewis lacks knowledge or information sufficient to form a belief

as to the truth of allegations concerning whether the District Attorneys office ascertained that

the documents at issue contained any additional information supporting that offices independent

decision to refile charges against Burgos. Morgan Lewis denies the remaining allegations

contained in paragraph 65.

66.

Admitted in part; denied in part. Morgan Lewis admits only that Ms. Loesch, at

the request of the Philadelphia District Attorneys office, appeared as a witness for the

Commonwealth at a preliminary hearing held on November 26, 2012. Morgan Lewis denies the


67. Admitted in part; denied in part. Morgan Lewis admits only that Judge Paula A.

Patrick found during the November 26, 2012 preliminary hearing that Chaundra Loesch was not

the appropriate custodian of records for Philabundances Sunoco fuel card statements and then

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rescheduled the preliminary hearing to a later date. Morgan Lewis denies the remaining



Complaint. To the contrary, the Commonwealth had the sole responsibility for presenting

evidence against Burgos during all of the criminal hearings.

69. Admitted in part; denied in part. Morgan Lewis admits only that, on or around

December 18, 2012, Ms. Loesch testified as a witness for the Commonwealth and that, during

cross examination, Burgos defense counsel presented her with testimony from her deposition in

the 2011 Lawsuit wherein she testified that Mr. Bustos was in charge of the Sunoco fuel cards in

the summer of 2010. Morgan Lewis denies the remaining allegations contained in Paragraph 69

of the Complaint.


18, 2012, Judge Paula A. Patrick denied the Philadelphia District Attorneys motion to refile the

criminal charges against Plaintiff. Morgan Lewis denies the remaining allegations contained in



Complaint.


Complaint.


Complaint.

COUNT I

74. Morgan Lewis incorporates by reference its responses to Paragraphs 1-73 of the

Complaint as if set forth fully herein.

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Complaint.


Complaint.


Complaint.


Complaint.

79.


Complaint.

WHEREFORE, Morgan Lewis respectfully requests that this Court enter judgment in its

favor, and against Plaintiff, together with costs, attorneys fees, and any other relief that this

Court deems just and proper.

COUNT II

80.

Morgan Lewis incorporates by reference its responses to Paragraphs 1-79 of the



Complaint.


Complaint.


Complaint.


Complaint.

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Complaint.


Complaint.


Complaint.


Complaint.

89.


Complaint.


Complaint.


Complaint.

92.


Complaint.

93.


Complaint.


Complaint.




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COUNT III

95. Morgan Lewis incorporates by reference its responses to paragraphs 1-94 of the


96.


Complaint.


Complaint.


Complaint.

99.


Complaint.


18, 2012, Judge Patrick denied the Philadelphia District Attorneys motion to refile the criminal

charges against Plaintiff. Morgan Lewis denies the remaining allegations contained in Paragraph

100 of the Complaint.


18, 2012, Judge Patrick denied the Philadelphia District Attorneys motion to refile the criminal

charges against Plaintiff. Morgan Lewis denies the remaining allegations contained in Paragraph

101 of the Complaint.

102.


Complaint.


Complaint.

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Complaint.




COUNT IV




Complaint.


Complaint.


Complaint.

109.


Complaint.


Complaint.


Complaint.


Complaint.

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NEW MATTER


Complaint as if fully set forth herein.

114. Upon information and belief, in the summer of 2010, Philabundance after

conducting a reasonable investigation determined that Burgos had made inappropriate charges

using a donated Sunoco fuel card and subsequently reported the matter to the Philadelphia Police

Department.

115. Upon information and belief, on November 13, 2010, the Philadelphia District

Attorneys office independently decided to charge Burgos with three counts of theft and one

count of access device fraud as a result of its own conclusion that Burgos had stolen fuel from

Philabundance.

116.

Upon information and belief, on January 19, 2011, the Honorable Georganne V.

Daher held that the Commonwealth presented evidence sufficient to support aprima faciecase

of theft against Burgos. A true and correct copy of the Notes of Testimony from the January 19,

2011, hearing is attached hereto as Exhibit A.

117. On January 19, 2011, the Honorable Georganne V. Daher stated as follows:

THE COURT: SO, THIS GUY[, i.e., Plaintiff,] LUCKS UP. HE STOLEMONEY FROM PHILABUNDANCE, BUT WE CANONLY PROVE HE STOLE BETWEEN THREE ANDFIVE [HUNDRED DOLLARS]. . . . WE CAN GO WITHTHAT. WE GOT HIM FOR SOMETHING.

N.T. 1/19/2011, pp. 37-38.

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evidence sufficient to prove aprima faciecase that Burgos STOLE BETWEEN THREE AND

FIVE [HUNDRED DOLLARS] worth of fuel from Philabundance. N.T. 1/19/2011, pp. 37-38.

124. On June 10, 2011, Burgos, through his attorney James E. Beasley, Jr., Esquire,

commenced a civil lawsuit against Philabundance and Chaundra Loesch in the Philadelphia

Court of Common Pleas.

125. On September 19, 2011, Plaintiff filed a Complaint in the 2011 Lawsuit (the

2011 Complaint).

126. On October 7, 2011, Morgan Lewis attorneys filed an Answer and New Matter in

the 2011 Lawsuit, asserting that neither Philabundance nor Ms. Loesch were liable for the torts

described in the 2011 Complaint. The facts set forth in that document were verified by

Philabundances Senior Manager of Human Resources.

127. Upon information and belief, unauthorized purchases were made on the Sunoco

fuel card which was typically associated with the Philabundance vehicle most frequently

assigned to Burgos.

128.

Upon information and belief, Burgos signed documents indicating that he drove

that same vehicle on the days before and/or after the unauthorized purchases were made.

129.

Upon information and belief, Burgos failed to come to work on a day when

unauthorized purchases were made during working hours.

130. Upon information and belief, Burgos failed to come to work on a day when

unauthorized purchases were made during the early morning hours.

131. Upon information and belief, Burgos used the fuel card to make an authorized

purchase within hours of the time at which an unauthorized purchase was made.

132. Burgos has been convicted of possession with intent to deliver heroin.

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133. Burgos has been convicted of possession with intent to deliver crack cocaine.

134. Burgos has also been convicted of criminal conspiracy.

135. On a separate occasion, Burgos pleaded guilty to possession with intent to deliver

heroin.

136. Burgos has been convicted for unauthorized use of a motor vehicle.

137. Burgos has been incarcerated for at least eight years as a result of his felony

convictions.

138. Burgos has been arrested on at least eight different occasions, for these and other

crimes, including aggravated assault, terroristic threats, and witness intimidation.

139. Burgoss former Philabundance coworkers reported that Burgos had stolen and

resold food which had been donated to Philabundance.

140. Burgos has a reputation as a high-stakes poker player and was reported to have

gambling debt, thus providing a motive to commit fuel theft.

141. Burgos admitted to taking trips to Atlantic City to play poker, on which trips he

would be in the direct vicinity of a location where improper fuel purchases had been made.

142. Burgos, to support a claim for loss of consortium in the 2011 Lawsuit, falsely

claimed that an individual named Tina Marie Miller was his wife.

143. Court records report Burgos as having four aliases Lopez Burgos, Ramon

Burgos, Ramos Burgos, and Emanuel Burgos.

144. Upon conducting discovery in the 2011 Lawsuit, Morgan Lewis attorneys

discovered, inter alia, the facts described in paragraphs 127-143, which facts support the

conclusion that it was reasonable to suspect Burgos of the fuel theft.

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145. Upon information and belief, at some point after the March 14, 2011, dismissal of

the criminal charges against Burgos, the District Attorneys office independently began to

investigate the possibility of refiling said charges.

146.

By way of letter dated August 28, 2012, the District Attorneys office wrote

Morgan Lewis to request any and all paperwork and documentation [it] may have regarding

Burgoss previously dismissed criminal case. A true and correct copy of the Commonwealths

letter is attached hereto as Exhibit C.

147. On August 31, 2012, Morgan Lewis responded to the Commonwealth, noting that

it reviewed the August 28, 2012, letter with Philabundance and Ms. Loesch, who were willing to

cooperate with the Commonwealths request. A true and correct copy of Morgan Lewiss

August 31, 2012, letter is attached hereto as Exhibit D (enclosures omitted).

148. Along with its August 31, 2012, letter, a Morgan Lewis attorney sent the District

Attorneys office copies of materials from the [2011 Lawsuit], explicitly noting that he was not

including materials that were privileged or subject to the protective order that governs th[at]

case.

149. Among the information provided by Morgan Lewis to the District Attorneys

office was the transcript of Plaintiffs counsels deposition of Leo Bustos.

150. This transcript, which was provided by Morgan Lewis to the District Attorneys

office, reveals the facts underlying Plaintiffs theory that it was Mr. Bustos, and not Plaintiff,

who was responsible for the fuel theft at issue.

151. Morgan Lewis also provided the District Attorneys office with copies of

Plaintiffs filings in opposition to Philabundances motion for summary judgment in the 2011

Lawsuit.

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165. Any damages suffered by Plaintiff were not caused by the conduct of Morgan

Lewis.

166. Plaintiffs claims are barred by the doctrine of truth.

167.

Plaintiffs claims are barred by the United States and Pennsylvania Constitutions.

168. Morgan Lewis was privileged in its conduct and communications to the District

Attorneys office.

169. Plaintiffs claims are barred by the doctrine of privilege.

170. Morgan Lewis acted in good faith at all times relevant to the instant matter.

171.

As discovery in the instant matter is ongoing, Morgan Lewis reserves the right to

supplement this New Matter.




Respectfully Submitted,

/s/ Douglas Evan RessDouglas Evan Ress, EsquireAndrew J. Belli, EsquireAttorney Id. Nos.: 31077; 208100KAUFMAN, COREN & RESS, P.C.Two Commerce Square, Suite 39002001 Market StreetPhiladelphia, PA 19103(215) 735-8700 Office(215) 735-5170 [email protected]@kcr-law.com

Attorneys for DefendantMorgan, Lewis & Bockius, LLP

Dated: January 9, 2013

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CERTIFICATE OF SERVICE

I, Andrew J. Belli, hereby certify that, on January 9, 2013, I caused a true and correct

copy of Defendant Morgan, Lewis & Bockius LLPs Answer and New Matter to Plaintiff

Manuel J. Burgoss Complaint to be served upon the following:

James E. Beasley, Jr., EsquireTerence J. Lynch, EsquireThe Beasley Firm, LLC1125 Walnut StreetPhiladelphia, PA 19107Counsel for Plaintiff

(via efile and first class mail)

Elizabeth A. Malloy, EsquireBuchanan Ingersoll & Rooney PCTwo Liberty Place50 S. 16th Street, Suite 3200Philadelphia, PA 19102-2555Counsel for Defendants Philabundance,Chaundra Loesch, William Clark, and

Melanie Jumonville(via first class mail)

Dated: January 9, 2013 /s/ Andrew J. BelliAndrew J. Belli, Esquire

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Exhibit A

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Exhibit B

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Exhibit C

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To:

DISTRICT ATTORNEYS OFFICE3 SOUTH PENN SQUARE

PHILADELPHIA, PENNSYLVANIA 19107

(215) 686-8000

August 28, 2012

Mr. Azeez Hayne, Esq.

1701 Market St.

Philadelphia, PA 19103VIA EMAIL

Re: Commonwealth v. Manuel Burgos

MC-51-CR 0051923-2010

Dear Mr. Hayne:

I am writing to request any and all paperwork and documentation you may have

regarding the above-listed criminal matter. I am aware that there is a civil matter pending

between Mr. Burgos and Philabundance and that a significant amount of materials have beenexchanged through the civil discovery process. I am requesting copies of any paperwork you

may have regarding the Defendant and his employment at Philabundance, as well as transcripts

of any depositions you or the attorneys for Mr. Burgos may have conducted.

Thank you in advance for your cooperation and assistance regarding this matter.

Sincerely,

/S/

Caroline Keating McGlynn

Chief, South BureauPhiladelphia District Attorneys Office

(215) 686-8934

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Exhibit D

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