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HomeMy WebLinkAbout07-5795REED SMITH LLP By: Alan K. Cotler Identification No. 27152 Andrew P. Hoppes Identification No. 71243 Steven T. Voigt Identification No. 85091 R. Clayton Alspach Identification No. 90455 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 (21 S) 851-8100 Royal Indemnity Company, Plaintiff, vs. T.E. Moor & Co., et al., Defendants. ORDER AND NOW, this Case No. (~~] - 5?Q5 ~ivil (erM day of , 2007, upon consideration of the Petition for Issuance of a Subpoena to Attend and Testify and upon Motion of Counsel for Petitioner, MP III Holdings, Inc. d/b/a MTA Schools, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that said Petition will be and is hereby granted and that the Prothonotary of Cumberland County shall issue a subpoena directed to DENNIS KEEFAUVER at the address below, directing attendance at Reed Smith, LLP, 30 North Third Street, 10th Floor, Harrisburg, PA 17101 at the time and date set forth below: DENNIS KEEFAWER 11:00 am 107 Woodview Drive October 14, 2007 Mount Holly Springs, PA Attorneys for Petitioner MP III Holdings, Inc. d/b/a MTA Schools COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BY THE COURT: J. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Royal Indemnity Company, Plaintiff v . File No. T.E. Moor & Co., et al., Defendants. SUBPOENA TO ATTEND AND TESTIFY TO: DENNIS KEEFAUVER 107 Woodview Drive Mount Holly Springs, PA 1. You are ordered by the court to come to Reed Smith LLP 30 North Third Street, 10th Floor, Harrisburg, PA (Specify Courtroom~or other p yce) Sunda ,October 14, 2007 ~xxxxxxxxxxxxxxxxxxxxxxxxxxx Penns lvania, on y at 11:00 o'clock, A. M,. to testify on behalf of in the above case, and to remain until excusN A 2. And bring with you the following: If you fail to attend or to 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 A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: R l avton Al Sp~,.~aui re Address: _ Reed Smith LLP 2500 One Liberty Place. Phila, PA 19103 Telephone: 215 - 8 51- 810 0 Supreme Court ID # 90455 BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) REED SMITH LLP By: Alan K. Cotler Identification No. 27152 Andrew P. Hoppes Identification No. 71243 Steven T. Voigt Identification No. 85091 R. Clayton Alspach Identification No. 90455 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 (215) 851-8100 Royal Indemnity Company, Plaintiff, vs. T.E. Moor & Co., et al., Defendants. Attorneys for Petitioner MP III Holdings, Inc. d/b/a/ MTA Schools COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No. 0 ~ - S` 7 9S ~~ T~~ CIVIL PETITION FOR ISSUANCE OF SUBPOENA TO ATTEND AND TESTIFY Pursuant to Pennsylvania Rules of Civil Procedure 234.1 and 234.2 and 42 Pa. C.S.A. § 5326, the issuance of a subpoena is requested on the following grounds: 1. There is an action pending in the 136th Judicial District Court of Jefferson County, Texas, entitled Royal Indemnity Company vs. T.E. Moor & Co., et al., captioned No. D- 167370 ("Texas Action"). The Texas Action involves, inter alia, claims by Royal Indemnity Company for alleged fraud and counterclaims by Petitioner for alleged fraud. 2. Petitioner is a defendant and counterclaim plaintiff in the Texas Action. The District Court of Jefferson County, Texas has given Petitioner permission to obtain testimony upon oral examination of DENIMS KEEFAUVER. 3. Deponent DENNIS KEEFALJVER was identified as a potential source of information in the Texas Action. Therefore, the testimony of the deponent DENNIS KEEFALIVER is believed to be relevant and necessary to the disposition of the Texas Action. Deponent DENNIS KEEFALIVER is beyond the subpoena power of the courts of Texas. 4. By Order of Court, Honorable Milton G. Shuffield, Judge of the 136tH Judicial District Court of Jefferson County, Texas, has entered an Order attached as Exhibit "A", in the above-referenced case granting the Commission for Issuance of a Subpoena Outside the State of Texas. 5. Attached as Exhibit "B" is the Commission to Take the Oral Deposition by Video Tape of DENNIS KEEFAUVER in the State of Pennsylvania, signed by the Honorable Milton G. Shuffield, Judge of the District Court of Jefferson County, Texas. 6. Petitioner seeks the issuance of a subpoena by this Court to compel DENNIS KEEFAUVER to attend and testify in the above-referenced Texas Action pursuant to the above-referenced Texas Order and Commission. 7. Petitioner scheduled said deposition on October 14, 2007 to accommodate the deponent. WHEREFORE, Petitioner prays that the Court direct the issuance of said subpoena forthwith. Alan K. Cutler, Esq. Andrew P. Huppes, Esq. Steven T. Vuigt, Esq, R. Clayton Alspach, Esq. Reed Smith LLF 2500 One Liberty Plaee 1650 Market Street Philadelphia, PA 1103 (215} 851.-8100 Attorneys for Petitioner MP III Holdings, Inc. dfbfa MTA Schools REED SMITH LLP By: Alan K. Cotler Identification No. 27152 Andrew P. Hoppes Identification No. 71243 Steven T. Voigt Identification No. 85091 R. Clayton Alspach Identification No. 90455 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 (215) 851-8100 Royal Indemnity Company, Plaintiff, vs. T.E. Moor & Co., et al., Defendants. VERIFICATION Attorneys for Petitioner MP III Holdings, Inc. d/b/a MTA Schools COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No. Counsel for MP III Holdings, Inc., d/b/a MTA Schools, Petitioner above named, being duly sworn according to law, hereby deposes and says that he is an attorney for the Petitioner, that he is authorized to make this verification 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, subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications. Date: October 2, 2007 R. Clayton A spach, Esq. ~x~~6~~i N0. D-167374 ROYAL INDEMNITY COMPANY, Plaintiff, vs. T.E. MOOR & CO., et al. Defendants. § IN THE DISTRICT COURT OF § JEFFERSON COUNTY, TEXAS § 136th JUDICIAL DISTRICT ORDER GRANTING DEFENDANT'S APPLICATION FOR COMMISSION TO TAKE ORAL DEPOSITION BY VIDEO TAPE OF DENNIS KEEFAUVER IN THE STATE OF PENNSYLVANIA On this day came on to be considered Application For Commission To Take Orai Deposition By Video Tape Of Dennis Keefauver, a former student of MTA Schools, (hereinafter Witness) in the State of Pennsylvania filed by Defendant, MP 111 Holdings, Inc. d/b/a MTA Schools, to authorize Reed Smith, LLP and/or Esquire Deposition Services to issue a subpoena and take the oral deposition by video tape of the witness, in the State of Pennsylvania. After considering the request, the court GRANTS the request and orders the Clerk of this Court to issue a Commission under seal of the court to Reed Smith LLP and/or Esquire Deposition Services for the purpose of taking the deposition of the witness in the State of Pennsylvania. SIGNED this ~~ day of October, 2007. I CERTIFY THIS Aand Seal~of OfOfPc Witness my i~iantl JU GE PRESIDING . ~~ ~, ~_ 2007 LOLIT R~*NlrL7 ©~S R7EXASERK ~ ~ ~~~~ OUN pUTY BY FILED M at 6 o'clock ncr a 1 zoos ETA MOS C ~ ~STR~ C JE RSON CO., TEXAS ~ --pE;pUTY THE STATE OF TEXAS NO ROYAL INDEMNITY COMPANY, Plaintiff, vs. T.E. MOOR & CO., et al. Defendants. D-167370 § IN THE DISTRICT COURT OF § JEFFERSON COUNTY, TEXAS § 136th JUDICIAL DISTRICT COMMISSION TO TAKE THE ~S KEEFA ~ERION BY VIDEO TAPE OF DENN IN THE STATE OF PENNSYLVANIA TO: Reed Smith, LLP Esquire Deposition Services 1650 Market Street 1600 JFK Blvd., Suite 1210 Philadelphia, PA 19103-7301 Philadelphia, PA 19103 You have been commissioned by the 136th Judicial District of Jefferson County, Texas and are authorized to take the deposition of the Dennis Keefauver (hereinafter Witness) in the State of Pennsylvania, The purpose of the deposition is to acquire evidence for use at the trial of this cause. By this commission you are ordered and authorized to: 1. issue and cause to be served or have issued and cause to be served a subpoena upon Dennis Keefauver of 107 Woodview Drive, Mount Holly Springs, PA 17065 and directing the witness to appear for the purpose of giving his oral deposition in accordance with the Notice of Intention To Take Oral Deposition ey Video Tape attached hereto; 2. Administer the oath to the deponent(s); 3, Transcribe the questions, answers and objections and reduce them to writing; 4. Mark exhibits; and 5. Certify the accuracy of the transcription, seal it, the exhibits, and a copy of this commission, and send them to the party that noticed the deposition and to any other party that requests a copy. S This commission is authorized by court order, signed on the ~ day of October, 2007. GIVEN UNDER MY HAND and seal of such Court at my office in Jefferson Count ,Texas, on this day of October, 2007. Y Lolita Ramos, District Clerk Jefferson County, Texas ~,~ J By: Deputy CERTIFICATE OF SERVICE I do hereby certify that on October 2, 2007, I directed service of a true and correct copy of the foregoing Petition for Issuance of a Subpoena to Attend and Testify, by U.S. Mail, to the following: Attornevs for Plaintiff, Royal Indemnity Student Marketing Services, LLC and Student Loan Servicing, LLC Howard L. Close, Esquire Andrew Love, Esquire Wright, Brown & Close, LLP Three Riverway, Suite 600 Houston, TX 77056 Harold Hendrickson, President Student Loan Servicing, LLC 1405 Foulk Road Wilmington, DE 19803 Michael H. Barr, Esquire Sonnenschein Nath & Rosenthal 1221 Avenue of the Americas New York, NY 10020-1089 Alan S. Gilbert, Esquire Sonnenschein Nath & Rosenthal 233 South Wacker Drive, Suite 8000 Chicago, IL 60606 Daniel D. Barnowski, Esquire Sonnenschein Nath & Rosenthal 1301 K Street NW, Suite 600 East Tower Washington, DC 20005 Attornevs for Coastal College, Inc. Cornelius R. Heusel, Esquire Jones Walker Waechter Poitevent 201 St. Charles Ave., 50th Floor New Orleans, LA 70170-5100 R. Clayton Alspach ~ n ~ -t t~ oo c-, ,..., ~ ~ ~ _~ _: rr~~ r f ~ ~.~+ ('~ O p ~ 't D t _f ~, ) N C, _, .. REED SMITH LLP By: Alan K. Cotler Identification No. 27152 Andrew P. Hoppes Identification No. 71243 Steven T. Voigt Identification No. 85091 R. Clayton Alspach Identification No. 90455 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 (215) 851-8100 Royal Indemnity Company, Plaintiff, vs. T.E. Moor & Co., et al., Defendants. OCT 0 5 2007,~'~ Attorneys for Petitioner MP III Holdings, Inc. d/b/a MTA Schools COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No. b7 - 5?R5 l_:,iv-t (erc+~ ORDER AND NOW, this ay of , 2007, upon consideration of the Petition for Issuance of a Subpoena to Attend and Testify and upon Motion of Counsel for Petitioner, MP III Holdings, Inc. d/b/a MTA Schools, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that said Petition will be and is hereby granted and that the Prothonotary of Cumberland County shall issue a subpoena directed to DENNIS KEEFAUVER at the address below, directing attendance at Reed Smith, LLP, 30 North Third Street, 10th Floor, Harrisburg, PA 17101 at the time and date set forth below: DENNIS KEEFAUVER 107 Woodview Drive Mount Holly Springs, PA 11:00 am October 14, 2 - -~ t= ~; ;3 ~ - ^.. i ~ ..( s1S~_- lam! ~.4... ~('Y~ .' ~j tt'"~"J ~1