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Home My WebLink About00-08689 ,,,>,,"-\It'''',~<'"~''' J ~ ~...-.JIJ.l >, ~ , ---'-"~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th Judicial District, Pennsylvania Anthony Comparato, Civil Action -Law Plaintiff v. No. 00 - cP"r~ Cio~(Y~ Rite Aid of New York, Inc. and Rite Aid Corporation, Defendants ORDER OF COURT NOW, Vu-e'" ~ u 2..(, ,2000, upon consideration of the annexed Petition for Issuance of Subpoena to Take Depositions, and upon Motion of counsel for Petitioner, a Commission issued by Judge Thomas A. Stander, J.S.C., of the New York Supreme Court, being attached, it is hereby ORDERED, pursuant to Pa. R.C.P. 234.1 and 42 Pa. C.SA 5326, that the Prothonotary of Cumberland County issue a subpoena in the form attached hereto, directed to the person named below, directing his attendance at a deposition to be conducted under New York Rules of Civil Procedure, to be held at the law offices of Finucane Law Office LLP, 14 North Main Street, Suite 500, Chambersburg, Pennsylvania 17201, at the date and time set forth below: Tim Noonan 1022 N. Waterford Way Mechanicsburg, P A 17055 9:30 A.M. Wednesday, January 31, 2001 BY THEiI::T. ~.... ,---, ,_,"~if.'iJi11ifjlm -~, T- ,.-- -v.;;", '~n_~__ '" -'.', __,oK "__''''. . ~".'ii'" "'~-";;'''~~''''---'r':''-' ""<\:'';-'~l.,-,\:,;,.. J', i~ ~;! '~ 'r\\ ~~.~ , r (;1'-:"- ! I"" '!'-)T\S'( GO D,",'",".', f'l r, - ":0 (), r. n I Ii r(-;./1 CLji\/j,~j:~:(i:,:J,_ t :-. -'i ::" " . j-'i-,\I;\!C'\IJ) {., -".j,)I'~ 1 ( '_I'll ".) ,-l/;,-\J\!!A '1 ~ --. . . _ .~MrJJ11l'",,:n ~1i T1~~lir!jl\mi~i1'J!!~~~It.~~"'!'>li"~O$II1B;);~"Ii'k.;',*"l'i'!;;;"::';'~;:-ti!";;"<""~'~;Jl~lffl'1",",~:mi~~\~j~fl!jt_W:Wj!mtlillQ!~ i-Id"....k;....'~t::~i~'~jj - '=--~ -> ,.JL ,. I .ilL---! - i ~~"d"""i~.1_".;;;;, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9TH Judicial District, Pennsylvania Anthony Comparato, Civil Action -Law Plaintiff v. No. Do - gt.fr d()~CY~ Rite Aid of New York, Inc. and Rite Aid Corporation, Defendants PETITION FOR ISSUANCE OF SUBPOENA TO TAKE DEPOSITION Pursuant to Pa. R.c.P. 234.1 and 42 Pa. C.S.A. 5326, the issuance ofa subpoena is requested on the following grounds: I. Petitioner is Anthony Comparato, Plaintiff above named. 2. Petitioner, by his New York counsel, issued a Notice to take the deposition, copy attached, of the following person at the law offices of Finucane Law Office LLP, 14 North Main Street, Suite 500, Chambersburg, Pennsylvania 17201, at the date and time set forth below: Tim Noonan 1022 N. Waterford Way Mechanicsburg, P A 17055 9:30 A.M. Wednesday, January 31, 2001 3. A Commission was issued for the taking of this deposition on December 1, 2000, copy attached. 4. Petitioner requires the issuance of a subpoena, in the form attached hereto, by this Court to compel the attendance of the deponent as set forth in said Notice. WHEREFORE, Petitioner prays that the Court direct the issuance of a subpoena directed to the person named in paragraph 2 of this Petition. Date: 14' /~, ;(~ ~ ...- ' ~~~ '- homas J. F ucane, Atty. for Plaintiff Finucane Law Office LLP Suite 500 - 14 North Main Street Chambersburg, PA 17201 (717) 264-4104 Attorney J.D. No. 07290 -~- - ,Ii .'1', , $~"'" Concurrence Lawrence C. DiGiulo, Esquire, attorney for Defendants, concurs with the foregoing petition. Date: /~ -(g, d..Pt?tf/ - f'- ~ ,-...,< \VIc{'). ~ ""- Thomas J. F n~cane . .>II ,L ~I " l , ~.- , STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE ANTHONY COMPARATO, Plaintiff, COMMISSION -vs- RITE AID OF NEW YORK, INC. and RITE AID CORPORATION, Index No. 98/10092 Hon. Thomas A. Stander, J.S.C. Defendants. THE PEOPLE OF THE STATE OF NEW YORK TO: CUMBERLAND COUNTY COURT OF COMMON PLEAS KNOW YE, that we with full faith in your prudence and competency, hav3 appointed you by a Judge of your Court, Commission and by these presents do authorize you or any of you to examine Tim Noonan of 1022 N. Waterford Way, Mechanicsburg PA 17055 as a non-party witness in an action pending in our Supreme Court, New Y Jrk County between Anthony Comparato. plaintiff, and Rite Aid of New York, Inc. and Rite Aid Corporation, defendants, on the part of the plaintiff, under oath, l'pon oral examination to be conducted under Article 31 of the Civ'l Practice Law and Rules. We, therefore, request of you that, in furtherance of justice, you will, by proper and usual process of your Court, cause witness Tim Noonan to appear before you or some competent person by you for that purpose to be appointed and authorized by you at a precise time by you to be fixed and there to answer, under oath, to the severai questions and cross-questions put to him by the attorneys for the parties hereto and that you will cause his deposition to be committed to writing and return the same to us. "'tllll.j,P"'~<< iii: It i-': ii', :> Ii: I '1:, ," j '"I; if': , ,~ L ~:L ;j: ~j: , '? ;" i~ (' . i., ",; f!: Ii I, k ~: iit rif I,; ~:i \:' ;r I!: !. !~ ~ .' ~,' ~~ ;); Jt: ~ 'i! .~ - .Jj ,-,y, ~, l I f_ f I' [' I r: r'~ L r' hi i' r:1 L, I'! I' Ii i.- t:: f' ,'j Hi y. !; H 'fi t! l: 2 Pursuant to Section 3102(e) of the New York Civil Practice Law and Rules, "[w]hen under any mandate, writ or commission issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement, it is required to take the testimony of a witness in the state, he may be compelled to appear and testify in this same manner and by the same process as may be employed for the purpose of taking testimony in actions pending in the state. The supreme court or a county court shall make any appropriate order in aid of taking such a deposition." In accordance with the foregoing statute we shall be and stand ready, !,; ~ -: willing and able to do the same for you, as we are asking you to do herein, in a similar b " case when required. I': i i,:_ " i: Dated: December -L, 2000 Respectfully Submitted, /' :;l---~~:>7 / ,- "\ /::::: ,/ I~''''' _~'- /./:,~:<" ., #.,: _. /Rono at! e as A. Stander, Justice of file Supreme Court " ,,, H !; " ;:j Vo/gmfl010a.abm IM"~~"~ <\RR1S BEACH ~ ,....._lAw , ..,. ~; I, I i ". , .~ . STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE ANTHONY COMPARATO, Plaintiff, " , I l I: I' " I Ii I, I I' -vs- NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION RITE AID OF NEW YORK, INC. and RITE AID CORPORATION, Index No, 98/10092 Defendants. SIRS: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practi?e Law and Rules, the testimony, upon oral examination, of Tim Noonan, will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act 1S a juror because of interest or because of consanguinity or affinity te any party herein, at the Law Office of Thomas J. Finucane, 14 North Main Street, Chambersburg, Pennsylvania 17201 on January 31,2001 at 9:30 a.m., with respect to evidence material and necessary in the prosecution of this action. PLEASE BE ALSO NOTIFIED of the following documents that deponent wi i be asked to produce at time of said deposition: 1. All documents relating to the lease of Rite Aid defendants' store at Stone Ridge Plaza located at 1520 Ridge Road West, Rochester, New York 14615. 2. All documents relating to Ride Aid defendants' decision to close its Stone Ridge Plaza store located at 1520 Ridge Road West, Rochester, New York 14615. Dated: " ' .. '-^;,I <_,,-_.:;:.C-' 2 3. All documents relating to Rite Aid defendants' decision to open its store at 1436 Ridge Road West, Rochester, New York 14615. 4. All documents relating to Rite Aid defendants' negotiations to lease or purchase the 1436 Ridge Road West store. 5. All documents relating to Rite Aid defendants' issuance of a policy, procedure, resolution, protocol, directive or instructions for Rite Aid defendants to close a store leased from an owner not affiliated with Rite Aid defendants and move the store to property owned at least in part by a current or former director, officer, employee, subsidiary or affiliate of Rite Aid defendants. 6. All documents relating to Rite Aid defendants' decision to continue making payments on the Stone Ridge Plaza lease even after Rite Aid vacated its store on that property, December 6, 2000 HARRIS BE t>.CH LLP 1 . By: C,11.- 1'1. . GI nn M. Fjermedal, of Counsel Attorneys for Plaintiff Office and P.O. Address 130 East Main Street Rochester, New York 14604 Telephone: (716) 232-4440 TO: Lawrence C. DiGiulo, of Counsel JAECKLE FU=ISCHMANN & MUGEL, LLP Attorneys for Defendl;ints Fleet Bank Building 12 Fountain Plaza Buffalo, New York 14202-2292 Telephone: (716) 856-0600 ,KRlS BEACH ~ t.:\QVERFl..OWlSlP\EBT.'Z 12f6J004:12pm ....RLM Thomas J. Finucane, of Counsel LAW OFFICE OF THOMAS J. FINUCANE 14 North Main Street Chambersburg, Pennsylvania 17201 """,..{,,~"";~""""'""""'"-"'V - ~o ~ .-Ji. - - '~')H@~~ih7l-,j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th Judicial District, Pennsylvania Anthony Comparato, Civil Action -Law Plaintiff v. No. Rite Aid of New York, Inc. and Rite Aid Corporation, Defendants SUBPOENA TO ATTEND AND TESTIFY To: Tim Noonan 1022 N. Waterford Way Mechanicsburg, P A 17055 1. You are ordered by the Court to come to the law offices of Finucane Law Office LLP, 14 North MainStreet, Suite 500, Chambersburg, Pennsylvania 17201, on at 9:30 A.M., Wednesday, January 31, 2001, and to testifY on behalf of Plaintiff in the above case, and remain until excused. 2. You are directed to bring with you the following: a) All documents relating to the lease of Rite Aid defendants' store at Stone Ridge Plaza, located at 1520 Ridge Road West, Rochester, New York 14615. b) All documents relating to Rite Aid defendants' decision to close the Stone Ridge Plaza store. c) All documents relating to Rite Aid defendants' decision to open its store at 1436 Ridge Road West, Rochester, New York 14615. d) All documents relating to Rite Aid defendants' negotiations to lease or purchase the 1436 Ridge Road West store. e) All documents relating to Rite Aid defendants' issuance of a policy, procedure, resolution, protocol, directive or instructions for Rite Aid defendants to close a store leased from an owner not affiliated with Rite Aid defendants and move the store property owned at least in part by a ,- ~ ~ .L ,'. . ;. "- ~ i' " ^ .' current or fonner director, officer, employee, subsidiary or affiliate of Rite Aid defendants. f) All documents relating to Rite Aid defendants' decision to continue making payments on the Stone Ridge Plaza lease even after Rite Aid vacated its store on that property. If you fail to attend or produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rilles of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Requested by: Thomas J. Finucane, Esquire Finucane Law Office LLP Suite 500 - 14 North Main Street Chambersburg, PA 17201 (717) 264-4104 Attorney No. 07290 BY THE COURT, Prothonotary Date: Deputy Prothonotary J, , ~""-di"'~~". ~'''. "~_. I" - _L<, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9th Judicial District, Pennsylvania Anthony Comparato, Civil Action -Law Plaintiff v. No. Rite Aid of New York, Inc. and Rite Aid Corporation, Defendants AFFIDAVIT STATE OF PENNSYLVANIA ) ) SS COUNTY OF FRANKLrn ) Thomas J. Finucane, local counsel for Plaintiff, being duly sworn according to law, deposes and states that he is an attorney for the Petitioner; that he is authorized to make this affidavit on his behalf; and that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information or belief. ..- \i'"' (\....,.---::>" \lI\t1 2:i ~"~._~->---.. Thomas J. F~ucane, Atty. for Plaintiff Finucane Law Office LLP Suite 500 - 14 North Main Street Chambersburg, P A 17201 (717) 264-4104 Attorney LD. No. 07290 Date: / d ~/8'r::ZOo{) Sworn '!p-d subscribed to before me this (IS t'I day of December, 2000. ~d,~ Notary PublIc Notarial seat ElizabelhA. Mceonnack, Notary Public Chambersburg Bora, Franklin County My Comml.sston Expires June 15. 2002 Member, pennsylvania Association of Notaries " , ,""'.~~- ~-3 ,..,~JiI!"~-" . ~~.J" ~. ~~~~~"""""'-i ,I <~' ""'@,,~,,,,-'d , ! CERTIFICATE OF SERVICE AND NOW, this l?~ day of December, 2000, 1 hereby certifY that I have served the foregoing document on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Lawrence C. DiGiulo, Esquire JAECKLE FLEISCHMANN & MUGEL, LLP Fleet Bank Building 12 Fountain Plaza Buffalo, New York 14202-2292 --=:::----~~'-~ ~ .- -t-~~ ~ = Thomas J. Fi ucane Finucane La'; Office LLP Suite 500 - 14 North Main Street Chambersburg, P A 17201 (717) 264-4104 Attorney No. 07290