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Home My WebLink About07-5400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN TIBERIO and WALDEN SIMMONS, Plaintiffs, CIVIL DIVISION No. ~, ? ,_ ,~~/Q b v. TYCO ELECTRONICS POWER SYSTEMS, INC., a Nevada corporation, PETITION FOR ISSUANCE OF SUBPOENA PURSUANT TO 42 Pa. C.S.A. § 5326 Defendant. Filed on behalf of Defendant: TYCO ELECTRONICS POWER SYSTEMS, INC. Counsel of Record for this Party: JOHN H. RIORDAN, JR. Pa. I.D. #19922 OGLETREE, DEAKINS, NA5H, SMOAK & STEWART, P.C. Four Gateway Center, Suite 400 444 Liberty Avenue Pittsburgh, Pennsylvania 15222 (412) 394-3333 (412) 232-1799 (fax) PETITION FOR ISSUANCE OF SUBPOENA PURSUANT TO 42 Pa. C.S.A. & 5326 AND NOW comes Defendant Tyco Electronics Power Systems, Inc. (hereinafter, "Defendant" or "PetitionerlDefendant"), and respectfully petitions this Court for the issuance of a Subpoena pursuant to 42 Pa. C.S.A. § 5326 ("Assistance to tribunals and litigants outside this Commonwealth with respect to depositions"). In support of this Petition, Defendant states: 1. This is a civil action pending in the Circuit Court of the Seventeenth Judicial Circuit, Broward County, Florida, Case No. 04011756(18) (hereafter the "Florida Action"). 2. Petitioner/Defendant would like to take the deposition of Paul A. Timashenka, a resident of Cumberland County, Pennsylvania, who is a witness to the facts of this case and may have knowledge of material facts which are discoverable under the Florida Rules of Civil Procedure. 3. On August 28, 2007, Petitioner/Defendant filed in the Florida Action an Unopposed Motion to Appoint Commissioner, a copy of which is attached hereto as Exhibit A. 4. On August 29, 2007, an Order was issued by the Circuit Court of the Seventeenth Judicial Circuit, Broward County, Florida granting the Unopposed Motion. The original Order is attached hereto as Exhibit B. 5. Pursuant to CCRP 208.3(a)(2), PetitionerlDefendant states that this is the first filing at this case number and that no other Judge of this Honorable Court has ruled upon this or any other issue in the same or related matter. 6. Pursuant to CCRP 208.2(d), undersigned Pennsylvania counsel for Defendant states that on September 10, 2007, he was informed by personnel in the Tampa, Florida office of his Firm (which is counsel for Defendant in the Florida Action) that that office has conferred by telephone with Plaintiffs' Florida counsel (i. e., William R. Amlong, Esq.) and that Plaintiffs' counsel does not oppose this Petition. WHEREFORE, Defendant respectfully prays that this Honorable Court enter an Order in the form attached hereto directing the Prothonotary to issue a subpoena or other appropriate process directed to PAUL A. TIMASHENKA compelling his attendance at a deposition in the Commonwealth of Pennsylvania. Respectfully submitted, Four Gateway Center, Suite 400 444 Liberty Avenue Pittsburgh, Pennsylvania 15222 (412) 394-3333 (412) 232-1799 (fax) -2- OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. __ _ _ _._ IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JOHN TIBERIO and WALDEN SIMMONS, Plaintiffs, va. TYCO ELECTRONICS POWER SYSTEMS, INC., a Nevada corporation, Defendant. mCOPY CASE NO.: 040??3#.~ ,. ~'1 ! ~~ How,~o E ~ ~t 4~qT ~~ .. i NOPPOSED MOTION TO APPOIriT COMIS110NER COMES NOW Defendant, TYCO ELECTROI`TICS POWERS SYSTEMS, INC., pursuant to the Florida Rules of Civil Procedure 1.300(b),1.310(a),1.380(a) and 1.410(8), hereby moves this Court for entry of an Order appointing Sargent's Court Reporting Service, 415 Market Street, Suite 302, Harrisburg, PA, telephone {717}234 5751, as his delegate or Commissioner to take the deposition of Paul A. Timashenka, and as grounds states: 1. Paul A. Timashenka has been identified as a witness in this action who has personal knowledge of facts relevant to this case. 2. Accordingly, Defendant requests that this Court appoint a Commissioner before whom the deposition of Paul A. Timashenka be taken. 3. The Commissioner shall put the witness under oath and personally, or by someone acting in his or her direction, and in his or her presence, record and transcribe the entire and complete deposition. The Commissioner also shall be an individual authorized to administer oaths under the laws of the State ofPennsylvania and shall not EXHIBIT A be a relative, employee, attorney, or counsel for any of the parties, or a relative or employee of any of the attorneys for the parties, or be financially interested in the proceeding. WHEREFORE, Defendant hereby requests this Court appoint Sargent's Court Reporting Service for the purpose of taking the deposition of Paul A. Timashenka in the State of Pennsylvania. A proposed Order is attached hereto. DATED this ~ day of August, 2007. Florida Bar No. 0423440 Qgletree, Deakins, Nash Smoak & Stewart, P.C. 100 North Tampa Street Suite 3600 Tampa, Florida 33602 Telephone: 813.289.1247 Facsimile: 813.289.6530 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to Plaintiffs' Counsel, William R. Amlong, Amlong and Amlong, P.A., 500 N. East Fourth Street, Fort Lauderdale, FL 3330 ~~` day of August, 2007. 5185392.1 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JOHN TIBERIO and WALDEN SIMMONS, Plaintiffs, vs. TYCO ELECTRONICS POWER SYSTEMS, INC., a Nevada corporation, Defendant. CASE NO.: U40l1756 (1S) ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION TO APPOINT COMMISSIONER Upon consideration of the Defendant's Unopposed Motion to Appoint Commissioner for the deposition of PAUL A. TIMASHENKA, it is hereby ORDERED that the motion is GRANTED. DONE AND ORDERED IN CHAMBER THIS ~~l DAY OF cc: Ignacio J. Garcia, Esq. William R. Amlong, Esq. 2007. HON. JOHN T. Ia~~2ocj 2007 Circuit Court 3udge A TRUE C(3PY 5165529.1 EXHIBIT B VERIFICATION I, the undersigned local counsel for Tyco Electronics Power Systems, Inc., Defendant, verify that the statements of fact set forth in the foregoing PETITION FOR ISSUANCE OF SUBPOENA PURSUANT TO 42 Pa. C.S.A. § 5326 are true and correct to the best of my knowledge, information and belief, such knowledge, information or belief being based upon information known by me or supplied by others in the course of their employment by or involvement with the law firm of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., counsel for Tyco Electronics Power Systems, Inc. I understand that any false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: September 10, 2007 CERTIFICATE OF SERVICE I hereby certify that I have this 10th day of September, 2007 served a true and correct copy of the within Petition for Issuance of Subpoena Pursuant to 42 Pa. C.S.A. § 5326 on the Plaintiffs' counsel of record, via First Class U.S. Mail, postage prepaid, as indicated below: William R. Amlong Amlong and Amlong, P.A. 500 N. East Fourth Street Ft. Lauderdale, FL 33301 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. '~' C3 r.a ra ~ J ~ ~ t " ~ t:° ~ cro -v t ~ ~ ~ -~ G s> 'C ~ ~::. ..._ ~ ~~ -n ~ ~ ~-~ ~ t 3- ~ ~' ~ tv -a i3A ~ _ ~ _' N SEP 1 X2001 O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN TIBERIO and WALDEN SIMMONS, Civil Division Plaintiffs, v. TYCO ELECTRONICS POWER SYSTEMS, INC., a Nevada corporation, Defendants. ) ORDER OF COUNT Upon due consideration of the attached I' Petition for Issuance of a Subpoena Pursuant to 42 Pa. C.S.A. § 5326 filed by Defendant Tycp Electronics Power Systems, Inc., it is hereby ORDERED, ADJUDGED and DECREED that said Petition be and hereby is GRANTED. The Prothonotary is hereby directed to issue a Subpoena to Attend and Testify directed to the following resident of this County: Paul A. Timashenka 817 Pamelas Lane Mechanicsburg, PA 17055 The deposition of PAUL A. TIMASH~NKA is permitted to be conducted pursuant to the practice and procedure of the State of Il~lorida and the Florida Rules of Civil Procedure. The deposition may be held at the office of I~Sazgent's Court Reporting Service, 415 Mazket Street, Suite 302, Harrisburg, PA, on a date to I~e determined by counsel for Plaintiffs and Defendant. b~iN`d11~SNi~~~ 6 Z ~Oi N~ ~ ! d35100Z J4~`d.IQF~i,i~~d 3H1 ~ ~~L~~-C~~'1~ The Prothonotary shall mail copies of this Order of Court to counsel for the parties as indicated hereon, and shall note the date of mailing on the docket. ENTERED: This 1Z~da of S ~ , 2007. Y Copies to: ~fohn H. Riordan, Jr., Esq. Ogletree, Deakins, Nash, Smoak, & Stewart, P.C. 444 Liberty Avenue, Suite 400 Pittsburgh, PA 15222 Counsel for Defendant J (/~ illiam R, Amlong Amlong and Amlong, P.A. 500 N. East Fourth Street Ft. Lauderdale, FL 33301 Counsel for Plaintiffs BY THE C(~jURT: