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Home My WebLink About01-04421~~ JUL 2 ®2001 J. A. ALTERNATIVES, INC. Plaintiff, VS. VALERIE E. JANNEY, KATHLEEN SIMBER D'ALONZO, CHONG GIORGIO, ERNESTINE PRANTE MELISSA DEFULVIO, and PLATINUM CLUB, INC. Defendants AND NOW, this 26 `G day of 2001, the Petition of Plaintiff, J.A. Alternatives, Inc. for Issuance of a Subpoena to Take Deposition in the above action is hereby GRANTED. The Court hereby orders issuance of a Subpoena directed to Alan McCulley, 9 Keefer Way, Mechanicsburg, Pennsylvania 17099, directing his attendance at a deposition to be conducted under the New Jersey Rules of Civil Procedure and to be held on Monday, July 30, 2001, at 10:00 a.m. at the law offices of Mettte, Evans & Woodside, 3401 North Front Street, Harrisburg, PA 17110. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 0~~ y~1a~ C~~;1 ORDER BY THE COURT: ' Per'SOna~ sPsv~cc. {,ti P1~'~ ~~h,n~• ,ESGc . ~ }.~ ~ ''~~i1:~, R l ~, WEH2 & PARTNERS LLP Jason M. Reiser, Esquire Attorney I.D. No. 82334 The Widener Building, Suite 500 1339 Chestnut Street Philadelphia, PA 19107 (215) 665-8181 J.A. ALTERNATIVES, INC. Plaintiff, v. VALERIE E. JANNEY, KATHLEEN SIMBER D'ALONZO, CHONG GIORGIO, ERNESTINE PRANTE, MELISSA DEFULVIO, and PLATINUM CLUB, INC. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Defendants. PETITION FOR ISSUANCE OF SUBPOENA TO TAKE DEPOSITION PURSUANT TO COMMISSION FROM THE SUPERIOR COURT OF NEW JERSEY Plaintiff/Petitioner, J.A. Alternatives, Inc. pursuant to Pa.R.C.P. 234.1 and 42 Pa.C.S.A. §5326, requests the issuance of a subpoena on the following grounds: 1. Petitioner is J.A. Alternatives, Inc., Plaintiff above named. 2. Petitioner desires to take the deposition of Alan McCulley a material non- party witness in the above matter on Monday, July 30, 2001 at 10:00 a.m. at the the law offices of Mette, Evans & Woodside, 3401 N. Front Street, Harrisburg, PA 17110. 3. A Commission was issued for the taking of this deposition by the Superior Court of New Jersey on June 6, 2001. A true and correct copy of the Order and Commission are attached hereto as Exhibits "A" and "B". 4. Petitioner requires the issuance of a subpoena by this Court in the form attached hereto as Exhibit "C" to compel the attendance of the deponent as set forth in said Notice. WHEREFORE, Petitioner prays that this Court direct the issuance of a subpoena directed to Alan McCulley in the form attached hereto as Exhibit "C". WEIR & PARTNERS LLP By ,~ WEIR & PARTNERS LLP Jason M. Reiser, Esquire Attorney I.D. No. 82334 The Widener Building, Suite 500 1339 Chestnut Street Philadelphia, PA 19107 (215)665-8181 Attorneys for Plaintiff J.A. ALTERNATIVES, INC. Plaintiff, v. VALERIE E. 7ANNEY, KATHLEEN SIMBER D'ALONZO, CHONG GIORGIO, ERNESTINE PRANTE, MELISSA DEFULVIO, and PLATINUM CLUB, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. Defendants. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS Jason M. Reiser, Esquire, being duly sworn according to law, hereby deposes and says that he is an attorney for Petitioner; that he is authorized to make this affidavit on its behalf; and that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this I>f~day of ~I` ~ , 2001. Jas M. Re e ,Esquire °~~i~ ,~ NOTARIAL S ~'- KAREN J. CONNCR, NOta1y PUbIIC MCity of Philadelphia, Phlla. County y Commission Expires Feb. 5, 2005 R °FlLED WITH THE COURT, JUN . ~ "2001 H: GOTTLIEB, J.S.C. EPSTEIN BECKER & GREEN, P.C. Two Gateway Center, 12a` Floor Newark, New Jersey 07102 (973) 642-1900 Attorneys for Plaintiff, J. A. Alternatives, Inc. J. A. ALTERNATIVES, INC., Plaintiff, vs. VALERIE E. JANNEY, KATHLEEN SIMBER D'ALONZO, CHONG GIORGIO, ERNESTINE PRANTE, MELISSA DEFULVIO, AND PLATINCTM CLUB INC., Defendants. CIVIL ACTION ORDER GRANTING COMMISSION TO OBTAIN AND SERVE OUT-OF-STATE SUBPOENAE AD TESTIFACADUM AND DUCES TECUM PURSUANT TOR 4:11-5 TffiS I~iATTER having been opened to the Court by Epstein Becker & Green, P.C. (Carmine A. Iannaccone, Esq., appearing), attorneys for plaintiff, 7.A. Alternatives, Inc, with the consent of Jonathan 7. Gazbini, Esq., attorney for defendant, Valerie E. Janney, seeking an Order that a Commission be issued to the appropriate court in the Commonwealth of Pennsylvania authorizing the issuance and service of out-of--state subpoenae upon Samuel Rosario and Alan J. McCulley in accordance with the Honorable Myron H. Gottlieb's May 18, 2001 Order, and for good cause shown; FT IS on this ~ day of 2001, ORDERED that plaintiff J.A. Alternatives, Inc. may seek the assistance of the courts of the Commonwealth of Pennsylvania in the issuance of such process and other orders as ~' , a > A ~' may be necessary to conduct discovery pursuant to the Honorable Myron H. Gotdieb's May 18, 2001~Order; and it is further K H;12 U L~ J 1'Lll' that` the cou .the provisions of applicable law,;issue su ~4 lvaiTia, pursuant. to uc-1Jbv Y.taw111 W1 41ll~ llr-Qer,.; a.IIQ': 1L"rS~ Iu~LC11eP - ORDERED, that"a copy of this Order shall be served upon all parties within .~ ` ~. HON. MYRONH. GOTTLIEB, J.S.C. ,,,.~ day of the date hereof. ~i ~ ~~ EPSTEIN BECKER & GREEN, P.C. Two Gateway Center, 12a` Floor Newark, New Jersey 07102 (973)642-1900 Attorneys for Plaintiff, J. A. Alternatives, Inc. J. A. ALTERNATIVES, INC., Plaintiff, Vs. VALERIE E. JANNEY, KATHLEEN S1MEER D'ALONZO, CHONG GIORGIO, E)ZNESTINE PRANTE, MELISSA DEFULVIO, AND PLATINUM CLUB INC., Defendants. SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION: BURLINGTON COUNTY DOCKET NO. C-80-99 CIVIL ACTION COMMISSION TO TAKE DEPOSITIONS OF SAMUEL ROSARIO AND ALAN McCULLEY PURSUANT TO RULE- 4:11-5 STATE OF NEW JERSEY, UNITED STATES OF AMERICA, TO THE COURTS OF THE COMMONWEALTH OF PENNSYLVANIA The above named Court for the State of New Jersey presents its compliments and requests the following assistance: This action is pending in the Superior Court for the State of New Jersey. This Court has determined that in the interest of justice and to assure a complete record, the following persons, who are within your jurisdiction, need to be examined as witnesses under oath: Samuel Rosario 4406 North 8a' Street Philadelphia,. PA 19107 Alan McC4llley 9 Keefer Way Mechanicsburg, PA 17055 -or- 300 E. Evans Street West Chester, PA 19380 NE:53306.1 ~ - -~~- ~. !1 P 4 I I ~ ' ~ i . This Court respectfully requests that: 1. You cause these witnesses to be summoned (via subpoena to be served in accordance with applicable law) to attend an examination under oath at a time and place to be announced and before you or another person who is authorized and appointed by you to administer oaths and to preside over the examination; 2. You permit these witnesses to be examined by counsel for all parties in this matter, allowing full examination and cross-examination on the subject matter of this case; and 3. You cause a verbatim transcript of the testimony of the witnesses to be taken and reduced to writing. This Court is ready and willing to render similar assistance to your Court when required and takes this opportunity to extend to you its highest consideration. J.S.C. WITNESS,Hon, Myron H.Gi~ttii~b~the Hon able Myron H. Gottlieb, Judge of the Superior Court of New Jersey, Chancery Division, B n County, New Jersey), this ~~~ day of ~'u.h~e-, , 2001. Cle up rior Court of New Jersey DATED: NE:53306.1 2 ' ~ ~• J. A. ALTERNATIVES, INC. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION -LAW VS. : NO. VALERIE E. JANNEY, KATHLEEN SIMBER D'ALONZO, CHONG GIORGIO, ERNESTINE PRANTE MELISSA DEFULVIO, and PLATINUM CLUB, INC. Defendants SUBPOENA TO ATTEND AND TESTIFY TO: Alan McCulley of 9 Keefer Way, Mechanicsburg. PA 17099 (Name of Person or Entity) 1. You are ordered by the Court to come to the law offices of Mette, Evans & Woodside of 401 North Front Street. Harrisburg. PA 17110 on Monday. July 30. 2001 at 10:00 a.m. to testify on behalf of the plaintiff in the above case, and to remain until excused. 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 Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Requested by: Name: JASON M. REISER. ESQUIRE Address: The Widener Building. Suite 500 1339 Chestnut Street Philadelphia. PA 19107 Telephone: (215) 665-8181 Supreme Court ID# 82334 ATTORNEY FOR: Plaintiff BY THE COURT: DATE: Seal of the Court (Prothonotary) l e .k Return of Service On the _ day of , 2001, I ,served with the foregoing subpoena by: (Describe method of service) I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsercation to authorities. (Signature) -2- CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Jonathan J. Garbini, Esquire 394 South Broad Street P.O. Box 245 Pennsville, NJ 08070 Attorney for Defendants METTE, EVANS & By: Kay .Tipton, Paralegal for Ol North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 DATED: 7/20/01 :266747 1 .~ w ~ b r-- ~; + ~ - - 11 ~~ .~ ~a -~ _ . __ ~ ~, ,~~ ~ ~