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Home My WebLink About08-2311 Cristian M. Towers, Esquire Attorney I.D. No 78687 10 N. Chestnut Avenue Maple Shade, NJ 08052 (856) 816-4350 HEALTH FIRST, INC. d/b/a HOLMES REGIONAL MEDICAL CENTER, Plaintiff, V. NORTH AMERICAN CAPACITY INSURANCE COMPANY, Defendant(s). Attorney for Petitioner(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-LAW PETITION FOR ISSUANCE OF FOREIGN SUBPOENA No. 0f-2311 PETITION FOR ISSUANCE OF A FOREIGN SUBPOENA Plaintiff/Petitioner Health First, Inc., d/b/a Holmes Regional Medical Center, Inc., by and through its attorney, Cristian M. Towers, Esquire, appearing for the purpose of having deposition subpoenas issued to the non-party witnesses noted below, hereby petitions this Honorable Court to enter an Order authorizing the issuance of subpoenas in conjunction with an action pending in the State of Florida and in support thereof, the following is averred: 1. A lawsuit is presently pending in the Circuit Court of the Eighteenth Judicial Court In and For Brevard County, Florida, case number 05-2003-CA-058075 consolidated with Florida case number 05-2006-CA-59717, wherein petitioner is the plaintiff. 2. The Florida action involves claims against defendant surrounding breach of contract. 3. Petitioners seeks to take the videotaped depositions of Cheri S. Basehore, Claims Supervisor, and R. Peter Ericson, General CounselNP Claims, both of PHICO Insurance Company located within the County of Cumberland, PA. 4. Pursuant to 42 Pa. C.S. Section 5326, the Court of Common Pleas of Cumberland County is authorized to issue an Order directing service of subpoenas to give testimony and to produce documents in connection with the pending Florida action. A copy of 42 Pa. C.S. Section 5326 is attached hereto and incorporated herein by reference as Exhibit "A". 5. On March 13, 2008, the Honorable John D. Moxley, Jr., of the Florida Court, entered an Order Granting Plaintiff's Motion for Issuance of Commission for Out- of-State Deposition of Witness. A certified copy of each Order for each witness is attached hereto and marked Exhibit "B". 6. On March 20, 2008, the Clerk of Court of Brevard County, Florida issued Commissions to Take Depositions of the said Cheri S. Basehore, Claims Supervisor, and R. Peter Ericson, General CounseUVP Claims. Originals of those Commissions are annexed hereto as Exhibit "C". 7. On March 24, 2008, plaintiff's Florida counsel issued Notices of Taking Videotaped Dg positions of the witnesses as well as Florida Subpoenas addressed to each of them. Certified copies of the Notices and Subpoenas are collectively annexed hereto as Exhibit "D". 8. The Florida Court has requested that the Court of the Commonwealth of Pennsylvania issue the necessary subpoenas to compel the depositions of the aforesaid witnesses at a place in Pennsylvania to be designated by counsel. t? 9. Pursuant to the Notices of Taking Videotaped Depositions referred to above, counsel has designated that the depositions of the witnesses located within Cumberland County are to take place on the date, time and place set forth in Exhibit "B" attached hereto and incorporated herein by reference. WHEREFORE, Petitioners respectfully request that this Honorable Court enter the attached Order directing the Prothonotary of Cumberland County to issue subpoenas to Cheri S. Basehore, Claims Supervisor, and R. Peter Ericson, General Counsel/VP Claims to attend depositions as set forth in Exhibit "E". Respectfully submitted, Cristian M. Towers, Esquire EXHIBIT "A" Assistance to tribunals and litigants outside this Commonwealth with r... http://law.onecle.com/pennsylvania/judiciary-and judicial-procedure/0... § 5326. Assistance to tribunals and litigants outside this Commonwealth with respect to depositions. (a) General rule.--A court of record of this Commonwealth may order a person who is domiciled or is found within this Commonwealth to give his testimony or statement or to produce documents or other things for use in a matter pending in a tribunal outside this Commonwealth. The order may be made upon the application of any interested person or in response to a letter rogatory and may prescribe the practice and procedure, which may be wholly or in part the practice and procedure of the tribunal outside this Commonwealth, for taking the testimony or statement or producing the documents or other things. To the extent that the order does not prescribe otherwise, the practice and procedure shall be in accordance with that of the court of this Commonwealth issuing the order. The order may direct that the testimony or statement be given, or document or other thing produced, before a person appointed by the court. The person appointed shall have power to administer any necessary oath. (b) Voluntary compliance.--A person within this Commonwealth may voluntarily give his testimony or statement or produce documents or other things for use in a matter before a tribunal outside this Commonwealth. Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 4023, adopted November 20, 1978, provided that section 5326 shall not be deemed suspended or affected. Rules 4001 through 4025 relate to depositions and discovery. Cross References. Section 5326 is referred to in section 5329 of this title. Section: Previous 5307 5308 5321 5322 5323 5324 5325 5326 5327 5328 5329 5501 5502 5503 5504 Next Last modified: November 27, 2007 1 of 1 4/10/2008 9:11 AM EXHIBIT "B" IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA HEALTH FIRST, INC. d/b/a HOLMES REGIONAL MEDICAL CENTER, Plaintiff, V. NORTH AMERICAN CAPACITY INSURANCE COMPANY, Defendant. CASE NO. 05-2003-CA-058075 Consolidated with Case No. 05-2006-CA-59717 ORDER GRANTING PLAINTIFF'S MOTION FOR ISSUANCE OF COMMISSION FOR OUT-OF-STATE DEPOSITION OF WITNESS THIS CAUSE having come on to be heard this day on Plaintiffs Motion for Issuance of Commission for Out-of-State Deposition of Witness, and the Court being otherwise fully advised in the premises, IT IS ADJUDGED: 1. The Clerk of the Circuit Court, Brevard County, Florida, or one of its authorized deputies, shall issue a commission to: Geiger & Loria Reporting Service 2408 Park Drive, Suite B ?. Harrisburg, PA 14110 authorizing this Court Reporter to take the deposition of: r*, boo C o Cheri Basehore, Claims Supervisor < D rn PHICO Insurance Company *, `,N w 100 Sterling Parkway, Suite 109 Mechanicsburg, PA 17055 rv - Document Case # Sif ? i ?? 011812729 -T"RM VEC upon examination by H. Jack Klingensmith, Esquire, or any other parties to this cause, at the address contained in the Notice of Taking Deposition, a copy of which is attached hereto. 2. All counsel of record in this cause shall be noted by the Notice of Taking Deposition in the form required by Florida Rules of Civil Procedure of the deposition and that all testimony given shall be governed by all applicable rules of civil procedure. 3. A copy of this order shall be annexed to the commission and copies thereof issued by Clerk of the Circuit Court, Brevard County, or one of its authorized deputies. DONE AND ORDERED in Brevard County, Florida, on this J<_ of March, 2008. Conformed copies to: H. Jack Klingensmith, Esquire Lawrence R. Heller, Esquire STATE OF FLORIDA, COUNTY OF I HEREBY CERTIFY that the abov V 'c true Copy of the original filed in thi f? §COT7 ELLIS, CAeA Clreuit e, 2 TRM VEC IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA HEALTH FIRST, INC. d/b/a HOLMES REGIONAL MEDICAL CENTER, Plaintiff, V. NORTH AMERICAN CAPACITY INSURANCE COMPANY, CASE NO. 05-2003-CA-058075 Consolidated with Case No. 05.2006-CA-59717 Defendant. ORDER GRANTING PLAINTIFF'S MOTION FOR ISSUANCE OF COMMISSION FOR OUT-OF-STATE DEPOSITION OF WITNESS THIS CAUSE having come on to be heard this day on Plaintiffs Motion for Issuance of Commission for Out-of-State Deposition of Witness, and the Court being otherwise fully advised in the premises, IT IS ADJUDGED: 1. The Clerk of the Circuit Court, Brevard County, Florida, or one of its authorized deputies, shall issue a commission to: Geiger & Loria Reporting Service 2408 Park Drive, Suite B r;rnrn Harrisburg, PA 14110 <?o authorizing this Court Reporter to take the deposition of: a p o -1 --q -i --i rfl o n R. Peter Ericson, General Counsel / VP Claims -4? PHICO Insurance Company 100 Sterling Parkway, Suite 109 Mechanicsburg, PA 17055 11111111111111111 IN 111111111111111111111111111111111 1 011812702 TRM VEC aj;l- upon examination by H. Jack Klingensmith, Esquire, or any other parties to this cause, at the address contained in the Notice of Taking Deposition, a copy of which is attached hereto. 2. All counsel of record in this cause shall be notified by the Notice of Taking Deposition in the form required by Florida Rules of Civil Procedure of the deposition and that all testimony given shall be governed by all applicable rules of civil procedure. 3. A copy of this order shall be annexed to the commission and copies thereof issued by Clerk of the Circuit Court, Brevard County, or one of its authorized deputies. DONE AND ORDERED in Brevard County, Florida, on this /-day of March, 2008. Conformed copies to; H. Jack Klingensmith, Esquire Lawrence R. Heller, Esquire STATE OF FLORIDA, COUNTY OF BP? HCRt'Y I,ER1iFY tt?<?( itlr7 aUOVe true copy of .he e ar er.) , riginel filed in mss n _ r 2 7RM VEC EXHIBIT 66C" M.AR-'9-2009 02:?IPNJ =R?H-wafers levine T-193 P.002J002 F-403 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA HEALTH FIRST, INC. d/b/a HOLMES REGIONAL MEDICAL CENTER, Plaintiff, V. NORTH AMERICAN CAPACITY INSURANCE COMPANY, CASE NO. 05-2003-CA-058075 Consolidated with Case No. 05.2006-CA-09717 Defendant. COMMISSION TO TAKE DEPOSITION TO: Geiger & Loria Reporting Service 2408 Park Drive, Suite b Harrisburg, PA 17110 (717) 541-1508 GREETINGS: Know you by these presents that we do authorize you to take the deposition of: Cheri S. Basehore, Claims Supervisor PHICO Insurance Company 100 Sterling Parkway, Suite 109 Mechanicsburg, PA 17055 under oath on examination in accordance with the notice of taking deposition and the Order of this Court, both attached hereto, and to cause the Clerk of the Court of Common Pleas, Cumberland County, Pennsylvania, to issue the appropriate subpoena to compel Mr. Ericson's attendance. WITNESS this a---)day of March, 2008 by the Clerk of Court. Scott Ellis Clerk of Court Brevard County, Florida V? ' SCUM •' ? By: o:A As Deputy Clerk IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA HEALTH FIRST, INC. d/b/a HOLMES REGIONAL MEDICAL CENTER, Plaintiff, V. NORTH AMERICAN CAPACITY INSURANCE COMPANY, Defendant. CASE NO.05 2003-CA-058075 Consolidated with Case No. 05-2006-CA-59717 COMMISSION TO TAKE DEPOSITION TO: Geiger & Loria Reporting Service 2408 Park Drive, Suite b Harrisburg, PA 17110 (717) 541-1508 GREETINGS: Know you by these presents that we do authorize you to take the deposition of: R. Peter Ericson, General Counsel/VP Claims PHICO Insurance Company 100 Sterling Parkway, Suite 109 Mechanicsburg, PA 17055 under oath on examination in accordance with the notice of taking deposition and the Order of this Court, both attached hereto, and to cause the Clerk of the Court of Common Pleas, Cumberland County, Pennsylvania, to issue the appropriate subpoena to compel Mr. Ericson's attendance. WITNESS this day of March, 2008 by the Clerk of Court. Scott Ellis Clerk of Court GO Brevard County, Florida e By: i? A EXHIBIT 66D" 1/a IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA HEALTH FIRST, INC. d%b/a HMIs' REGIONALIUIEDICAL CENTER, . V. Plaintiff, CASE NO. 06-2003-CA-058075 NORTH AMERICAN CAPACITY INSURANCE COMRANY, Defendant. Consolidated with Case No. 05.2006-CA-59717 NOTICE OF TAKING VIDEOTAPED DEPOSITION THM VEC TO: Lawrence R: Heller, Esquire Gilbride, Heller & Brown, P.A. One Biscayne Tower =1570 Two South Biscayne Boulevard Miami, FL 33131 PLEASE TAKE NOTICE that Plaintiff, Health First, Inc., pursuant to Rule 1.310 of the Florida Rules of Civil Procedure, notices the videotaped deposition by oral examination of the following individual on the date, time and place set forth below. NAME: Cheri S. Basehore, Claims Superviso m- ti PHICO Insurance Company .MM n 100 Sterling Parkway, Ste. 109 pox Mechanicsburg, PA 17055 ° DATE and TIME: May 13, 2008 at 9:00 a.m. c-) ' n n rv w cn ,, -+v7 PLACE: PHICO Insurance Company N 100 Sterling Parkway, Ste. 109 Mechanicsburg, PA 17055 This deposition will be taken before Geiger & Loria Reporting Service or any other court reporter authorized by law to record depositions. This deposition is being taken for the purposes of discovery or use at trial and'for all other purposes as are permitted under the Florida Rules of Civil Procedure. This deposition may continue from day to day until completed. ?ui???ai?d??mu??? 01181273 CERTIFICATE-i* SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been delivered by facsimile and IJ.S mail to Lawrence R Heller, Esquire, Gtltiride, Heller & Brown, P.A., One Biscayne Tower - 1570, Two South Biscayne Boulevard, Miami, FL 33131 on this 29?' day of February; 2007. WALTTERS LEVINE KLINGENSMITH & THQMISO,N,P.A. 1660. Second Sheet, Suite 808 Sarasota, FL 34236 Telephone: (941) 3648 Facsimile: (941) 361-3023 Attorn eys for Plaintiff By. e-o W?le-?- e?F4W49 t?? 1 07 H, Jack Klingensmith Florida Bar No. 093282 STATE OF FLORIDA, COUNTY OF I HEREBY CERTIFY that the above true Copy of The original filed in this ff C OTT ELLIS, ,I r i quit And D?t6 q, 06 ? By h 2 reg A -A _ A) TRM VEC IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA HEALTH FIRST, INC. dib/a HOLMES REGIONAL MEDICAL CENTER, Plaintiff, V. NORTH AMERICAN CAPACITY INSURANCE COMPANY, Defendant. CASE NO. 05-2003-CA-058075 Consolidated with Case No. 05-2006-CA-59717 SUBPOENA FOR DEPOSITION THE STATE OF FLORIDA: TO: Cheri S. Basehore, Claims Supervisor PHICO Insurance Company 100 Sterling Parkway, Ste. 109 Mechanicsburg, PA 17055 YOU ARE COMMANDED to appear before a person authorized by law to take depositions at Geiger & Loria Reporting Service, 2408 Park Drive, Suite B, Harrisburg, PA 17110, on May 13, 2008 at 9:00 a.m. for the taking of your deposition in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED on March 24, 2008. Elinor E. Baxter For the Court Attorney for Plaintiff, Health First, Inc. d/b/a Holmes Regional Medical Center Elinor E. Baxter Walters Levine Klingensmith & Thomison, P.A. 1800 2nd Street, Suite 808 Sarasota, FL 34236 (941) 364-8787 Florida Bar No. 981710 b/d. TRM VEC IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA HEALTH FIRST, INC. d/b/a HOLMES REGIONAL MEDICAL CENTER, V. Plaintiff, CASE NO. 05.2003-CA-058075 NORTH AMERICAN CAPACITY INSURANCE COMPANY, Consolidated with Case No. 05-2006-CA-59717 Defendant. / so ti o r-, m < M C=Q a NOTICE OF TAKING VIDEOTAPED DEPOSITION q = o o J TO: Lawrence R. Heller, Esquire ?? p Gilbride, Heller & Brown, P.A. ??C') N One Biscayne Tower-1570 N Two South Biscayne Boulevard Miami, FL 33131 PLEASE TAKE NOTICE that Plaintiff, Health First, Inc., pursuant to Rule 1.310 of the Florida Rules of Civil Procedure, notices the videotaped deposition by oral examination of the following individual on the date, time and place set forth below. NAME: R. Peter Ericson, General CounselNP Claims PHICO Insurance Company 100 Sterling Parkway, Ste. 109 Mechanicsburg, PA 17055 DATE and TIME: May 14, 2008 at 9:00 a.m. (To commence at the completion of deposition of Cheri Basehore) PLACE: PHICO Insurance Company 100 Sterling Parkway, Ste. 109 Mechanicsburg, PA 17055 This deposition will be taken before Geiger & Loria Reporting Service or any other court reporter authorized by law to record depositions. This deposition is being taken for the purposes of discovery or use at trial and for all other purposes as are permitted under the Florida Rules of Civil Procedure. This deposition may continue from day to day until completed. i Case # 05-2003-CA-058075-XXXX-XX 1 Document Paqe # 246 I 011812717 - - - .._...---...-.........? 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been delivered by facsimile and U.S. mail to Lawrence R. Heller, Esquire, Gilbdde, Heller & Brown, P.A., One Biscayne Tower -1570, Two South Biscayne Boulevard, Miami, FL 33131 on this 29th day of February, 2007. WALTERS LEVINE KLINGENSMITH & THOMISON, P.A. 1800 Second Street, Suite 808 Sarasota, FL 34236 Telephone: (941) 364-8787 Facsimile: (941) 361-3023 Attorneys for Plaintiff By: 04 H. Jack Klingensmith Florida Bar No. 093282 STATE OF VI-ORIDA, COUNTY OF B I HEREBY CERTIFY that the abVe t led in this true copY_?t the or?9 ?r?rit a TRM VEC IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA HEALTH FIRST, INC. d/b/a HOLMES REGIONAL MEDICAL CENTER, Plaintiff, V. NORTH AMERICAN CAPACITY INSURANCE COMPANY, Defendant. CASE NO. 05-2003-CA-058075 Consolidated with Case No. 05-2006-CA-59717 SUBPOENA FOR DEPOSITION THE STATE OF FLORIDA: TO: R. Peter Ericson, General Counsel / VP Claims PHICO Insurance Company 100 Sterling Parkway, Ste. 109 Mechanicsburg, /0A 17055 YOU ARE COMMANDED to appear before a person authorized by law to take depositions at Geiger & Loria Reporting Service, 2408 Park Drive, Suite B, Harrisburg, PA 17110, on May 14, 2008 at 9:00 a.m. for the taking of your deposition in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED on March 24, 2008. Elinor E. Baxter For the Court C? ?%?,Iv I', C-14i?46 Attorney for Plaintiff, Health First, Inc. d/b/a Holmes Regional Medical Center Elinor E. Baxter Walters Levine Klingensmith & Thomison, P.A. 1800 2nd Street, Suite 808 Sarasota, FL 34236 (941) 364-8787 Florida Bar No. 981710 EXHIBIT "E" r DEPOSITION WITHIN CUMBERLAND COUNTY Name and Address Cheri S. Basehore, Claims Supervisor PHICO Insurance Company 100 Sterling Parkway, Ste. 109 Mechanicsburg, PA 17055 Time, Date and Location May 13, 2008 at 9:00 a.m. PHICO Insurance Company 100 Sterling Parkway, Ste. 109 Mechanicsburg, PA 17055 R. Peter Ericson, General CounseINP Claims May 14, 2008 at 9:00 a.m. PHICO Insurance Company PHICO Insurance Company 100 Sterling Parkway, Ste. 109 100 Sterling Parkway, Ste. 109 Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 f'? r,.,a :. ?? r :T -j;-s I ? ? 1 .? A f. .a.. {• ... ?? ? J •? Cristian M. Towers, Esquire Attorney I.D. No 78687 10 N. Chestnut Avenue Maple Shade, NJ 08052 (856) 816-4350 HEALTH FIRST, INC. d/b/a HOLMES REGIONAL MEDICALCENTER, Plaintiff, V. NORTH AMERICAN CAPACITY INSURANCE COMPANY, Defendant(s). Attorney for Petitioner(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-LAW : PETITION FOR ISSUANCE OF FOREIGN : SUBPOENA No. VERIFICATION I, Cristian M. Towers, hereby certify that the facts set forth in the foregoing petition for Issuance of a Foreign Subpoena are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. This verification is made by counsel since the Petitioners are outside of the jurisdiction of the Court and the verification of them cannot be obtained within the time needed for filing the petition. Dated: `-? - - ez" Cristian M. Towers, Esquire ( 'T'1 77 f j Cristian M. Towers, Esquire Attorney I.D. No 78687 10 N. Chestnut Avenue Maple Shade, NJ 08052 (856) 816-4350 HEALTH FIRST, INC. d/b/a HOLMES REGIONAL MEDICALCENTER, Plaintiff, V. NORTH AMERICAN CAPACITY INSURANCE COMPANY, Attorney for Petitioner(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-LAW PETITION FOR ISSUANCE OF FOREIGN SUBPOENA Defendant(s). No. CERTIFICATE OF SERVICE This is to certify that in the above-referenced case, complete copies of all papers referred to in the Petition for Issuance of a Foreign Subpoena was served upon all counsel noted on the attached Service List by first class mail on April /d , 2008. Res tfully submitted, Cristian M. Towers, Esquire Attorney for Petitioner(s) Attorney I.D. No 78687 r -- SERVICE LIST Elinor Baxter, Esquire Walters Levine Klingensmith & Thompson, P.A. 1800 2nd Street, Suite 208 Sarasota, Florida 34236 (941) 364-8787 Attorneys for Plaintiff Health First, Inc. d/b/a Holmes Regional Medical Center Lawrence R. Heller, Esquire Gilbride, Heller & Brown, P.A. One Biscayne Tower - 1750 Two Biscayne Boulevard Miami, Florida 33131 Attorneys for Defendant North American Capacity Insurance Company oa 77 D _ re, cs g' 0 a ?r Cristian M. Towers, Esquire Attorney I.D. No 78687 10 N. Chestnut Avenue Maple Shade, NJ 08052 (856) 816-4350 HEALTH FIRST, INC. d/b/a HOLMES REGIONAL MEDICALCENTER, Plaintiff, V. NORTH AMERICAN CAPACITY INSURANCE COMPANY, Defendant(s). Attorney for Petitioner(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-LAW PETITION FOR ISSUANCE OF FOREIGN SUBPOENA No. Q$ - o1311 Civt l leth ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Cristian M. Towers, Esquire on behalf of Plaintiff/Petitioner Health First, Inc., d/b/a Holmes Regional Medical Center, Inc. in this action. Res ctfully submitted. `Y.04 .off 4_4_ - Date Cristian M. Towers, Esquire Attorney for Petitioner c`-? °- ?? ,, ? -n _,? --i -?' ` ri: P C7 ?' ?._. TMy -? i i ? { '3 ?.. ? ? .. •" 4 :`?l.f ; -1 I? r APR 1 6 2008 Cristian M. Towers, Esquire Attorney I.D. N 78687 10 N. Chestnut Avenue Maple Shade, N 08052 (856) 816-4350 HEALTH FIRS, INC. d/b/a HOLMES REGIONAL M DICAL CENTER, Plaintiff, V. NORTH AMECAN CAPACITY INSURANCE COMPANY, Defendant(s). Attorney for Petitioner(s) IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA CIVIL ACTION-LAW PETITION FOR ISSUANCE OF FOREIGN SUBPOENA No. pg- a.31) Ct'viI lerft ORDER AND NOW, this ZU day of 2008, upon consideration of Plaintiff/Petitior er Health First, Inc., d/b/a Holmes Regional Medical Center, Inc. Petition for Iss*ce of a Foreign Subpoena and based upon the Order Granting =State Deposition of Witness and Commission to Take Deposition from the Circuit Court of the Eighteenth Judicial Court In and Fo# Brevard County, Florida, it is hereby ORDERED and DECREED that said Petition is RANTED. The Prothonotary of Cumberland County is hereby directed to issue a subpoona to the witnesses listed below to testify at depositions at the time, date and places also isted below, and to continue until completed as directed by counsel. Cheri S. Baseho e, Claims Supervisor May 13, 2008 at 9:00 a.m. PHICO Insurance Company PHICO Insurance Company 100 Sterling Parkway, Ste. 109 100 Sterling Parkway, Ste. 109 Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Name d Address Time Date and Location R. Peter Ericson, General CounseINP Claims May 14, 2008 at 9:00 a.m. PHICO Insurance Company PHICO Insurance Company 100 Sterling Parkway, Ste. 109 100 Sterling Parkway, Ste. 109 Mechanicsburg PA 17055 Mechanicsburg, PA 17055 0- 1