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HomeMy WebLinkAbout01-5923PENNSYLVANIA: DANIEL S. APPLEBY, Plaintiff, VS. ROSS STORES, INC., Defendants. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AT LAW NO. ~! PETITION FOR ISSUANCE OF SUBPOENA DUCES TECUM PURSUANT TO 42 Pa. C.S. § 5326 COMES NOW, the Petitioner, Leslie A. Trotter, an attomey licensed to practice law in the Commonwealth of Virginia, and asks this Court to issue the subpoenas duces tecum attached hereto pursuant to 42 Pa. C.S. § 5326. The subpoenas duces tecum relate to a matter pending in the Loudoun County Circuit Court in the Commonwealth of Virginia styled, Daniel S. Appleb¥ v. Ross Stores, Inc., At Law No. 24349. Petitioner respectfully requests that the practice and procedure regarding the subpoenas be wholly the practice and procedure of the Commonwealth of Virginia as more specifically set forth in the attached subpoenas duces tecum. Virginia State Bar No.: 27700 Leslie A. Trotter Virginia State Bar No.: 45040 REES, BROOME & DIAZ, P.C. 8133 Leesburg Pike, Ninth Floor Vienna, Virginia 22182 (703) 790-1911 Fax No. (703) 848-2530 Counsel for Ross Stores, Inc. ROSS STORES, INC. By Counsel CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Issuance of Subpoena Duces Tecum was mailed, postage prepaid to: this Christopher M. Dove, Esquire Daniel J. Travostino, P.C. 107 North King Street Leesburg, Virginia 20176-2820 Counsel for Daniel S. Appleby dayof 0~]~r4r ~2001. Les~l~e~/~ ~ A. Trotter PENNSYLVANIA: DANIEL S. APPLEBY, Plaintiff, VS. ROSS STORES, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AT LAW NO. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a Prerequisite to Service of a Subpoena for Documents and Things pursuant to Rule 4009.22, Defendant, Ross Stores, Inc., certifies that: 1. Notices of Intent to Serve the Subpoenas with copies of the subpoenas attached hereto were mailed or delivered to each party at least twenty (20) days prior to the date in which the Subpoenas were sought to be served; 2. A copy of each Notice of Intent, including the proposed subpoenas, are attached to this Certificate; 3. No objection to the Subpoenas have been received; and 4. The Subpoenas which will be served are identical tO the Subpoenas which are attached to the Notices of Intent to Serve the Subpoenas, except for the addition of the date upon which the documents and tangible things must be made available. Date Virginia State Bar No.: 45040 REES, BROOME & DIAZ, P.C. 8133 Leesburg Pike, Ninth Floor Vienna, Virginia 22182 (703) 790-1911 Fax No. (703) 848-2530 Counsel for Ross Stores, Inc. OCT ' 2DOl PENNSYLVANIA: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DANIEL S. APPLEBY, Plaintiff, VS. ROSS STORES, INC., Defendant. ORDER THIS MATTER COMES before the Court upon Defendant's Petition for Issuance of Subpoenas Duces Tecum; and IT APPEARING TO THE COURT that the subpoenas Duces Tecum relate to a matter pending in the Loudoun County Circuit Court in the Commonwealth of Virginia Styled, Daniel S. Appleby v. Ross Stores, Inc., At Law No. 24349; IT IS THEREFORE, ADJUDGED, ORDERED AND DECREED that the subpoenas Duces Tecum directed to, Apple-A-Day and Healthsouth Medical Clinic be issued pursuant to 42 Pa. C.S. § 5326. ATLAWNO. 0'--..~c~5 ~ Entered this /~ r day of October, 2001. rR=. E CoP FR,gJ . RE,oORD Chis day ~[ ". , Pmth~o~rf SHERIFF'S CASE NO: 2001-05923 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND APPLEBY DANIEL S VS ROSS STORES INC DOUGLAS DONSEN , RETURN - REGULAR Cumberland County, Pennsylvania, says, the within SUBPOENA HEALTHSOUTH MEDICAL CLINIC Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon ~ the WITNESS , at 1045:00 HOURS, at 1124 HARRISBURG PIKE CARLISLE, PA 17013 HEATHER MILLIKEN, MEDICAL ASST on the 31st day of October , 2001 by handing to a true and attested copy of SUBPOENA together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this g~ day of ~ ~! A.D. ~ ' Prothonotary So Answers: R. Thomas Kline i1/01/200i REES BROOME & DIAZ By: ~~/~z~.---~- D~puty Sheriff SHERIFF'S RETURN - CRSE NO: 2001-05923 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND APPLEBY DANIEL S VS ROSS STORES INC REGULAR DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon APPLE A DAY the WITNESS , at 1045:00 HOURS, at 1124 HARRISBURG PIKE CARLISLE, PA 17013 HEATHER MILLIKEN, MEDICAL ASST a true and attested copy of SUBPOENA on the 31st day of October , 2001 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~ ~%~/ A.D. Pr6t honor ary So Answers: R. Thomas Kline ii/Oi/200i REES BROOME By: & DIAZ D$~uty Sheri