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Home My WebLink About08-2911DRINKER BIDDLE & REATH LLP David J. Woolf Attorney I.D. Number 76484 Amy L. Bashore Attorney I.D. Number 204212 One Logan Square 18th and Cherry Streets Philadelphia, PA 19103-6996 (215) 988-2700 Attorneys for High-Tech Institute, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMY C. SINGER, Complainant, 0 HIGH-TECH INSTITUTE, INC., Respondent. PETITION FOR ISSUANCE OF SUBPOENA TO ATTEND AND TESTIFY Pursuant to 42 Pa.C.S.A. § 5326, the issuance of a subpoena is required on the following grounds: 1. Petitioner High-Tech Institute, Inc. ("High-Tech") is the respondent in the above-captioned action, which is pending before the New York State Division of Human Rights at Case No. 10118743. 2. Jean Cover is a material witness to this action. This is an employment discrimination case in which Amy C. Singer ("Complainant") alleges that Hight-Tech unlawfully terminated her because of her alleged disability. Ms. Cover was Complainant's supervisor at the time of her separation and was the High-Tech employee most involved in the decision to terminate Complainant's employment. Ms. Cover's testimony is necessary to address Complainant's allegations and to establish High-Tech's defense. PHLIT/ 708803.1 3. On May 6, 2008, the New York State Division of Human Rights entered an Order and Commission authorizing the Court of Common Pleas of the Commonwealth of Pennsylvania, County of Cumberland, to issue a Subpoena to Attend and Testify to Jean Cover. See Exhibit A. 4. Petitioner requires the issuance of a subpoena by this Court to compel Jean Cover, who resides in Cumberland County, Pennsylvania, to attend and testify by telephone as requested by the attached subpoena. See Exhibit B. WHEREFORE, Petitioner prays that this Court order the issuance of a subpoena directed to Jean Cover. Respectfully submitted, Davi J oolf Attorn y I.D. Number 76484 Amy L. Bashore Attorney I.D. Number 204212 One Logan Square 18~' and Cherry Streets Philadelphia, PA 19103-6996 (215) 988-2700 Attorneys for Plaintiff High-Tech Institute, Inc. -2- PHLIT/ 708803.1 DRINKER BIDDLE & REATH LLP David J. Woolf Attorney I.D. Number 76484 Amy L. Bashore Attorney I.D. Number 204212 One Logan Square 18~' and Cherry Streets Philadelphia, PA 19103-6996 (215) 988-2700 Attorneys for High-Tech Institute, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMY C. SINGER, Complainant, v. HIGH-TECH INSTITUTE, INC., Respondent. VERIFICATION I, David J. Woolf, attorney for Respondent/Petitioner High-Tech Institute, Inc., hereby verify that I am an attorney for Petitioner; that I am 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 my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. § relating to unsworn falsification to authorities. David J. Woolf PHLIT/ 708803.1 CERTIFICATE OF SERVICE I, Amy L. Bashore, hereby certify that on this date I caused a true and correct copy of the foregoing Petition for Issuance of Subpoena to Attend and Testify to be served via first class mail, postage prepaid, and via electronic mail upon counsel for plaintiff at the following address: James F. Moran, Esq. Aswad & Ingraham 46 Front Street Binghamton, NY 13905 Jim.Moran@ailaw.com Dated: May, 2008 y Bashore PHLIT/ 708803.1 P e ~bk NEW YORK STATE DIVISION OF HUMAN RIGHTS In the Matter of AMY C. SINGER, Complainant, vs. HIGH-TECH INSTITUTE, INC., Respondent. CASE NO. 10118743 ORDER DIRECTING ISSUANCE OF OPEN COMMISSION TO COMPEL THE TESTIMONY OF JEAN COVER BY TELEPHONE THIS MATTER having been opened to the Court upon application by Drinker Biddle & Reath LLP, attorneys for Respondent High-Tech Institute, Inc., for entry of an Order compelling Jean Cover provide testimony via telephone before the Honorable Michael T. Groben, A.L.J., New York State Division of Human Rights, Syracuse Satellite Office, 333 East Washington Street, Room 519, Syracuse, New York 13202, on May 14, 2008 at 10:00 a.m., or such time thereafter as she may be called, and for good cause having been shown for the entry of issuance of a Commission authorizing the issuance of a subpoena for testimony in this matter; IT IS on this ~~ay of May, 2008, ORDERED that the application to issue a Commission for the issuance of a subpoena compelling the testimony of Jean Cover by Respondent High-Tech Institute, Inc., regarding the above-captioned matter is hereby granted; and the following Commission is hereby issued: PR\531695\1 . , COMMISSION Respondent High-Tech Institute, Inc. having demonstrated the need for the testimony of Jean Cover in connection with the matter herein and requiring a subpoena from the Courts of the State of Pennsylvania, for Jean Cover's testimony via telephone, the New York Division of Human Rights, through the undersigned Judge, hereby respectfully commissions and solicits the assistance of the Courts of the State of Pennsylvania, or such subordinate office as it may designate, to issue with due diligence to Respondent High-Tech Institute, Inc. in a form acceptable to the Court Rules of the State of Pennsylvania and in accordance with the customs and traditions of the State of Pennsylvania, compelling the following individual(s) to give testimony on May 14 and/or May 15, 2008, at such time as may be required: Jean Cover 55 Hellam Drive Mechanicsburg, PA 17055 2. A copy of the Order shall be served upon all counsel of record in this action within seven days from the date or entry. ~- ..- ,. /~-- ,` Hon. Michae .Groben, A.L.J. -2- SFNY 1 110947v 1 kp ~b G COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMY C. SINGER, Complainant, File No. vs HIGH-TECH INSTITUTE, INC., Respondent. SUBPOENA TO ATTEND AND TESTIFY TO: Jean Cover 55 Hellam Drive MechanicsburgiPA 17055 1. You are ordered by the court to come and provide testimony via telephone before the Honorable Michael T Groben A L J New York State Division of Human Rights, ~racuse Satellite Office 333 East Washington Street Room 519 Syracuse, NY 13202. (Specify Courtroom or other place) at X717) 385-5506, County, Pennsylvania on May 14, 2008 at 10:00 o'clock, A.M,. or May 15, 2008, to testify on behalf of High-Tech Institute, Inc. in the above case, and to remain until excused. 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: David J. Woolf Address: Drinker Biddle & Reath LLP One Logan Square, 18`" & Cherry Streets Telephone: (215) 988-2700 Supreme Court ID # 76484 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) PHLIT/ 839557.1 ~\hV~ (~\~/\~ 1 0(1 V ~' r~ ~: mo z r, - t ~ ¢, v ,C t.' ~~ ~~ ~ ~_ L.~ ~~ ~ 1~m ~-~- ~' ` y .~" 11AY 07 ~6~/1~' DRINKER BIDDLE & REATH LLP David J. Woolf Attorney I.D. Number 76484 Amy L. Bashore Attorney I.D. Number 204212 One Logan Square 18`" and Cherry Streets Philadelphia, PA 19103-6996 (215) 988-2700 Attorneys for High-Tech Institute, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMY C. SINGER, Complainant, v. HIGH-TECH INSTITUTE, INC., DS a9ll Re~ondent. ORDER AND NOW, this day of May, 2008, upon consideration of the attached Petition for Issuance of Subpoena to Attend and Testify and upon Motion for counsel for Petitioner, it is hereby ORDERED that the Prothonotary of Cumberland County issue a Subpoena to Attend and Testify, in the form attached to the Petition, directing Jean Cover to provide testimony via telephone before the Honorable Michael T. Groben, A.L.J., New York State Division of Human Rights, Syracuse Satellite Office, 333 East Washington Street, Room 519, Syracuse, New York 13202, on May 14, 2008 at 10:00 a.m., or such time thereafter as she may be called, or May 15, 2008. PHLITJ 708803.] ~l~dA"ud 6Z ~ 1 Wd !- ~~W B~OZ 1~1(3N' ' ~~ ~ ~J#~a, d