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HomeMy WebLinkAbout09-2740Steven M. Montresor Attorney ID # 74244 Latsha Davis Yohe & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Petitioner, Composite Mat Solutions, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPOSITE MAT SOLUTIONS, INC. DOCKET NO.O 9- A 7 9 0 &. ;J Plaintiff/ Petitioner vi. CIVIL ACTION - LAW PSI SOUTH INC. and SPECTRUS, INC. Defendants PETITION FOR ISSUANCE OF FOREIGN SUBPOENA PETITION FOR ISSUANCE OF FOREIGN SUBPOENA AND NOW COMES, Petitioner, Composite Mat Solutions, Inc., by and through its attorneys, Latsha Davis Yohe & McKenna, P.C., and hereby petitions for issuance of a subpoena to produce documents and things pursuant to 42 Pa.C.S.A. § 5326, and in support thereof avers as follows: 1. I have been retained as local counsel by the firm of Allen & Gooch, P.O., in their capacity as attorney for Newpark Mats & Intergrated Services, LLC (substituted 130128 1 for Composite Mat Solutions, Inc.) in an action in the state of Louisiana captioned Composite Mat Solutions, Inc. v. PSI South Inc and Spectrus, Inc., bearing docket number 2007-1131. 2. Letters Rogatory were issued out of the 151h judicial District Court, Parrish of Lafayette, State of Louisiana authorizing the records deposition of Carlisle Syntec Incorporated, whose offices are located at 1285 Ritner Highway, in Carlisle, Cumberland County, Commonwealth of Pennsylvania. A certified copy of Notice of Records Deposition, Petition for Letters Rogatory, and the Letters Rogatory is attached to this Petition as Exhibit "A". 3. I submit this Petition in support of my application for an order pursuant to 42 Pa.C.S.A. § 5326 authorizing that a subpoena to produce documents and things for discovery in accordance with said Letters Rogatory be issued to Carlisle Syntec Incorporated at the aforementioned address requiring that it produce those things or documents identified in the Notice of Records Deposition attached hereto as Exhibit „A„ 4. On or about April 16, 2009, a Petition for Letters Rogatory was made in the aforementioned litigation in the State of Louisiana for issuance of Letters Rogatory to cause the service of a subpoena on Carlisle Syntec Incorporated for the production of things or documents in the possession of Carlisle Syntec Incorporated. See Exhibit "A". 5. On or about April 17, 2009, the Court signed an Order issuing said Letters Rogatory. See Exhibit "A". 6. No previous application has been made for the relief herein requested. 130128 2 WHEREFORE, the Petitioner respectfully requests that an order be entered authorizing the issuance of a subpoena to produce documents and things for discovery directing Carlisle Syntec Incorporated to produce the documents and things pursuant to Letters Rogatory issued by the State of Louisiana at the date, time and place indicated therein. Respectfully submitted, LATSHA DAVIS YOHE & McKENNA, P.C. By: Steven M. Montresor Attorney ID #74244 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Petitioner, Composite Mat Solutions, Inc. 130128 3 VERIFICATION I, Steven M. Montresor, verify that I am the local counsel for the Petitioner in the within matter, that I have read the foregoing Petition and on my own personal knowledge, except those facts related to me by out of state counsel, can verify that same are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to penalties contained in 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Steven M. Montresor 1,30128 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Petition for Issuance of Foreign Subpoena was served via First-Class United States mail, postage prepaid, upon the following: Robert E. Torian, Esq. Laborde & Neuner One Petroleum Center 1001 West Pinhook Road, Suite 200 PO Drawer 52828 Lafayette, LA 70505-2828 Daniel B. Davis, Esq. Jones, Walker, Waechter, Poitevent, Carrere & Denegre, LLP 8555 United Plaza Boulevard Four United Plaza, Fifth Floor Baton Rouge, LA 70809-7000 Charles Martin Kraemer, Sr., Esq. 2000 Kaliste Saloom Road, Suite 400 PO Box 81129 Lafayette, LA 70598-1129 Dated: aOoCN Steven M. Montresor 130128 Exhibit "A" 11348570 COMPOSITE MAT SOLUTIONS, INC. VERSUS PSI SOUTH INC. and SPECTRUS, INC. 15TH JUDICIAL DISTRfEURT 24f LAFAYETTE PARISH, L(*,, AI DOCKET NO. 2007-1131 6.• ?G NOTICE OF RECORDS DEPOSITION TO: Mr. Robert E. Torian Laborde & Neuner One Petroleum Center 1001 West Pinhook Road, Suite 200 P.O. Drawer 52828 Lafayette, Louisiana 70505-2828 Mr. Daniel B. Davis Jones, Walker, Waechter, Poitevent, Carrere & Denegre , L.L.P. 8555 United Plaza Boulevard Four United Plaza, Fifth Floor Baton Rouge, Louisiana 70809-7000 PLEASE TAKE NOTICE that the undersigned will take the records only deposition of the following named person pursuant to Rules of Civil Procedure commencing on the date and at the time and place listed below and thereafter from day to day as the taking of the deposition may be adjourned, at which time and place you are hereby notified to appear and take part as you may feel advisable. The individual is to testify/produce records relative to the areas set forth in Exhibit "A" and is requested to bring with him/her the documents set forth in Exhibit "A" attached hereto and made a part hereof by reference. I hereby certify that a copy of this notice has this date been forwarded to all Darties as noticed above by depositina same in the United States Mail, properly addressed and postage prepaid. NAME DATE AND TIME PLACE Records Custodian May 19, 2009 Carlisle Syntec Incorporated Carlisle Syntec Incorporated at 10:00 a.m. 1285 Ritner Highway Carlisle, PA 17013 NOTE: THIS IS A RETURN ON A SUBPOENA DUCES TECUM FOR THE PRODUCTION OF RECORDS ONLY. NO ORAL TESTIMONY IS REQUIRED IF PRODUCTION IS MADE PRIOR TO THE SCHEDULED DEPOSITION BY MAILING A CERTIFIED COPY OF THE RECORDS TO CHARLES MARTIN KREAMER, SR., ALLEN & GOOCH, P. O. BOX 81129, LAFAYETTE, LA 70508. By: CHARLE MARTIN KREAMER, SR. Bar Roll Number 23171 A TRUE Copy ATTEST La ayette, ;DY. CL F COURT Post Office Box 81129 Lafayette, Louisiana 70598-1129 337-291-1390 Attorney for Newpark Mats & Intergrated Services, LLC day of April, 2009 6 € -'- 1 i1; ho a? i? V k ' 9 2U Guru>y It;; i< r` C-uuri 11348539 Exhibit "A" Please produce a certified copy of any and all personnel records, wage, salary, benefit statements, disciplinary actions, worker's compensation claims, doctor's reports, pre- employment physicals, drug screenings, accident reports and any and all other records in your possession related to the employment of ALMEDA TURNER, D/OB: January 22, 1964, Social Security Number 428-27-9141. A TRUE COPY ATTEST Laf yette, L U F COURT I Le r ? , G ro lov, 11348497 COMPOSITE MAT SOLUTIONS, INC. VERSUS PSI SOUTH INC. and SPECTRUS, INC. 15TH JUDICIAL DISTRICT COURT LAFAYETTE PARISH, LOUISIANA DOCKET NO. 2007-1131 AFFIDAVIT OF SERVICE STATE OF LOUISIANA PARISH OF LAFAYETTE BEFORE ME, the undersigned notary in and for the aforesaid state and parish, personally came and appeared CHARLES MARTIN KREAMER, SR., attorney for Newpark Mats & Intergrated Services, Inc. (substituted for Composite Mat Solutions, Inc. and LLC), who, after being duly sworn, stated that he has caused to be served on the Records Custodian of CARLISLE SYNTEC INCORPORATED a subpoena for purposes of trial/deposition to produce the records of ALMEDA TURNER; and further that he has caused a copy of same to be served by certified mail on defendants, THE MATERIALS GROUP, LLC, through its attorney of record, RYAN E. JOHNSON, SPECTRUS, INC. (PSI South, Inc.), through its attorney of record, ROBERT E. TORIAN, and, FIREMAN'S FUND INSURANCE COMPANY, through its attorney of record, STEVE M. SIKICH on the _LL day of April, 2009. /- '-?7 CH RLES ivf. KREAMER, SR. SWORN TO AND SUBSCRIBED BEFORE ME, a Notary Public, this 1Y k day of April, 2009. NOTARY PUBLIC ?0.ti °`3n MICHELLE E. NEEF Notary Public ',Doti ID Number 13341 a Of My Commission is For Life A TRUE COPY ATTEST Laf yette, p . C RK 0 COURT GA"i CF (L , 200f\ 11348331 STATE OF LOUISIANA PARISH OF LAFAYETTE I HEREBY CERTIFY, that the above and foregoing is a true and correct copy of: Petition for Letters Rogatory, Letters Rogatory and Notice of Records Production Deposition, filed in suit entitled "Composite Mat Solutions, Inc. v. PSI South, Inc. and Spectrus, Inc.," and bearing Docket Number 2007-1131 on the docket of the above Styled Court. IN TESTIMONY WHEREOF, witness my official signature and seal of office at ?i?r? , Louisiana, on this ?'? day of April, 2009. CLERK OF COURT LAFAYETTE PARISH, 15TH JDC STATE OF LOUISIANA A TRUE COPY ATTEST Laf ette, L DY. CL O COURT f P Ct L , G N a fll"Cl ,t I Gird- ui Court - 11346455 COMPOSITE MAT SOLUTIONS, INC. 15TH JUDICIAL DISTRICT COURT VERSUS LAFAYETTE PARISH, LOUISIANA PSI SOUTH INC. and SPECTRUS, INC. DOCKET NO. 2007-1131 PETITION FOR LETTERS ROGATORY The Petition of Newpark Mats & Intergrated Services, LLC (substituted for Composite Mat Solutions, Inc. and LLC), with respect represents that: 1. Carlisle Syntec Incorporated may be in possession of records of Almeda Turner. 2. Carlisle Syntec Incorporated's office is located at 1285 Ritner Highway, Carlisle, PA 17013. 3. Defendant has noticed the records production deposition of Carlisle Syntec Incorporated to be taken on May 19, 2009 beginning at 10:00 a.m. A copy of the Notice of Records Deposition is attached hereto. WHEREFORE, defendant prays that Letters Rogatory be issued to the proper authority in Carlisle, Pennsylvania, commissioning defendant to take the records deposition of Carlisle Syntec Incorporated. Respectfully submitted, ALLEN & GOOCH A Law CorporatiQ,n CHARLES MARTIN KREAMER, 5R. Bar Roll Number 23171 Post Office Box 81129 Lafayette, Louisiana 70598-1129 337-291-1390 Attorney for Newpark Mats & Intergrated Services, LLC A TRUE COPY ATTEST La ayette, lGwr ( S ,DY. CLE F couRT ?- o, 0 r 20 71 11348414 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing instrument has this day been served on all parties through their counsel of record in this proceeding by: ( ) Hand Delivery !-? Prepaid U.S. Mail ( ) Email ( ) Facsimile ( ) Overnight Mail Service Lafayette, Louisiana, this day of April, 2009. CHA LES A TIN KREAMER, SR. A TRUE COPY ATTEST Laf ette, L .CLERK OF OURT i ILFED TIflS IU DAY OF- p L , 20 III IIIIIIIIIIIHIilllllllllll II III 11348372 COMPOSITE MAT SOLUTIONS, INC. VERSUS 15TH JUDICIAL DISTRICT COURT LAFAYETTE PARISH, LOUISIANA PSI SOUTH INC. and SPECTRUS, INC. DOCKET NO. 2007-1131 LETTERS ROGATORY To The Appropriate Authority of Carlisle, Pennsylvania. In the 15`h Judicial District Court, Parish of Lafayette, State of Louisiana, there is pending a cause entitled "Composite Mat Solutions, Inc. v. PSI South, Inc. and Spectrus, Inc.," and it appears that the just determination of the issue therein presented requires that testimony and/or records be taken from Carlisle Syntec Incorporated whose offices are located in Carlisle, PA. It is therefore requested that you assist this Court in serving the interest of justice by causing Carlisle Syntec Incorporated to produce the records regarding Almeda Turner. SIGNED this day of April, 2009 in Lafayette, Louisiana. JUDGE Respectfully submitted, Allen & Gooch- MAR ,t'S MARTIN KREAMER, SR. 2000 Kaliste Saloom Road, Suite 400 P. O. Drawer 81129 Lafayette, LA 70598-1129 (337) 291-1390 Attorney for Newpark Mats & Intergrated Services, LLC (substituted for Composite Mat Solutions, Inc. and LLC) A TRUE COPY ATTEST W ette, L DT CL RK 0 COURT kr.... k.- L T {P !S7 1"i"W O E" LLI L 20 d III IIII'llllllllllllllllllllll IIII 11396299 STATE OF LOUISIANA PARISH OF LAFAYETTE 1, Ty 1 4(1 /), F-j I-- , District Judge, Parish of Lafayette, 15th Judicial District Court, State of Louisiana, which Court is a Court of record, do hereby certify that the above and foregoing attestation is in due and proper form and that it has been signed by the proper officer. WITNESS my official signature at Lafayette, Lafayette Parish, Louisiana, this l? day of April, 2009. DISTRICT JUDGE eRISH OF LAFAYETTE, 15TH JDC STATE OF LOUISIANA STATE OF LOUISIANA PARISH OF LAFAYETTE I, («t4 ?5 -j• P>&E.Ee-r , Clerk of Court, Parish of Lafayette, 15th Judicial District Court, State of Louisiana, and being duly commissioned and qualified as such, do hereby certify that the Judge whose name appears on the foregoing certificate is, and at the time of signing the same was, a duly commissioned and qualified Judge of the Parish of Lafayette, 15th Judicial District Court, State of Louisiana, which Court is a Court of record, and that his signature to said certificate is genuine. WITNESS my official signature and seal of office at Lafayette, Lafayette Parish, Louisiana, this the I ?1 day of April, 2009. L _3 a-tu - 9-2 - CLERK OF COURT PARISH OF LAFAYETTE, 15TH JDC STATE OF LOUISIANA TRUE COPY ATTEST VF s _; " ?tD'yZ--R ... F- i? T j !V, 20 FILED 1.'. ? Q h"' - I AM I I= C 41-0 , ?2e .k-3p* .;I ayS 3 a Steven M. Montresor Attorney ID # 74244 Latsha Davis Yohe & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Petitioner, Composite Mat Solutions, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPOSITE MAT SOLUTIONS, INC. Plaintiff/ Petitioner vi. DOCKET NO. 2009-2740 CIVIL ACTION - LAW PSI SOUTH INC. and SPECTRUS, INC Defendants PETITION FOR ISSUANCE OF FOREIGN SUBPOENA AMENDED PETITION FOR ISSUANCE OF FOREIGN SUBPOENA AND NOW COMES, Petitioner, Composite Mat Solutions, Inc., by and through its attorneys, Latsha Davis Yohe & McKenna, P.C., and hereby petitions for issuance of a subpoena to produce documents and things pursuant to 42 Pa.C.S.A. § 5326, and in support thereof avers as follows: 1. I have been retained as local counsel by the firm of Allen & Gooch, P.O., in their capacity as attorney for Newpark Mats & Intergrated Services, LLC (substituted 13M1 1 for Composite Mat Solutions, Inc.) in an action in the state of Louisiana captioned Composite Mat Solutions, Inc. v. PSI South Inc. and SRectrus, Inc., bearing docket number 2007-1131. 2. Letters Rogatory were issued out of the 15th judicial District Court, Parrish of Lafayette, State of Louisiana authorizing the records deposition of Carlisle Syntec Incorporated, whose offices are located at 1285 Ritner Highway, in Carlisle, Cumberland County, Commonwealth of Pennsylvania. A certified copy of Notice of Records Deposition, Petition for Letters Rogatory, and the Letters Rogatory is attached to the original Petition filed in this matter as Exhibit "A". A true and correct copy is attached to this Petition as Exhibit "A". 3. I submit this Petition in support of my application for an order pursuant to 42 Pa.C.S.A. § 5326 authorizing that a subpoena to produce documents and things for discovery in accordance with said Letters Rogatory be issued to Carlisle Syntec incorporated at the aforementioned address requiring that it produce those things or documents identified in the Notice of Records Deposition attached hereto as Exhibit „A„ 4. On or about April 16, 2009, a Petition for Letters Rogatory was made in the aforementioned litigation in the State of Louisiana for issuance of Letters Rogatory to cause the service of a subpoena on Carlisle Syntec Incorporated for the production of things or documents in the possession of Carlisle Syntec Incorporated. See Exhibit "A". 5. On or about April 17, 2009, the Court signed an Order issuing said Letters Rogatory. See Exhibit "A". 130441 2 6. In accordance with the attached letter from Charles Martin Kreamer, Sr., dated May 5, 2009, all counsel of record have been advised and notified of the intent to seek the relief requested, and to date, no objection has been made. A true and correct copy of Mr. Kreamer's letter is attached hereto as Exhibit "B". 7. No previous application has been made for the relief herein requested. 8. No judge in the Cumberland County Court of Common Pleas has ruled upon any other issue in this or any related matter. WHEREFORE, the Petitioner respectfully requests that an order be entered authorizing the issuance of a subpoena to produce documents and things for discovery directing Carlisle Syntec Incorporated to produce the documents and things pursuant to Letters Rogatory issued by the State of Louisiana at the date, time and place indicated therein. Date: -5" G - wo sl Respectfully submitted, LATSHA DAVIS YOHE & McKENNA, P.C. <zzL) By: Steven M. Montresor Attorney ID #74244 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Petitioner, Composite Mat Solutions, Inc. 130441 3 VERIFICATION I, Steven M. Montresor, verify that I am the local counsel for the Petitioner in the within matter, that I have read the foregoing Petition and on my own personal knowledge, except those facts related to me by out of state counsel, can verify that same are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to penalties contained in 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: '5t G. a ooh Steven M. Montresor 130441 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Amended Petition for Issuance of Foreign Subpoena was served via First- Class United States mail, postage prepaid, upon the following: Robert E. Torian, Esq. Laborde & Neuner One Petroleum Center 1001 West Pinhook Road, Suite 200 PO Drawer 52828 Lafayette, LA 70505-2828 Daniel B. Davis, Esq. Jones, Walker, Waechter, Poitevent, Carrere & Denegre, LLP 8555 United Plaza Boulevard Four United Plaza, Fifth Floor Baton Rouge, LA 70809-7000 Charles Martin Kraemer, Sr., Esq. Allen & Gooch 2000 Kaliste Saloom Road, Suite 400 PO Box 81129 Lafayette, LA 70598-1129 Dated: Steven M. Montresor 130441 Exhibit "A" 11348570 COMPOSITE MAT SOLUTIONS, INC. 15TH JUDICIAL DISTRittTle?'QURT VERSUS LAFAYETTE PARISH, Fd?iSIA`N"A ,";;" ,' 16' PSI SOUTH INC. and SPECTRUS, INC. DOCKET NO. 2007-1131 6. o.,G NOTICE OF RECORDS DEPOSITION TO: Mr. Robert E. Torian Laborde & Neuner One Petroleum Center 1001 West Pinhook Road, Suite 200 P.O. Drawer 52828 Lafayette, Louisiana 70505-2828 Mr. Daniel B. Davis Jones, Walker, Waechter, Poitevent, Carrere & Denegre , L.L.P. 8555 United Plaza Boulevard Four United Plaza, Fifth Floor Baton Rouge, Louisiana 70809-7000 PLEASE TAKE NOTICE that the undersigned will take the records only deposition of the following named person pursuant to Rules of Civil Procedure commencing on the date and at the time and place listed below and thereafter from day to day as the taking of the deposition may be adjourned, at which time and place you are hereby notified to appear and take part as you may feel advisable. The individual is to testify/produce records relative to the areas set forth in Exhibit "A" and is requested to bring with him/her the documents set forth in Exhibit "A" attached hereto and made a part hereof by reference. I hereby certify that a copy of this notice has this date been forwarded to all parties as noticed above by depositing same in the United States Mail, properly addressed and postage prepaid NAME DATE AND TIME PLACE Records Custodian May 19, 2009 Carlisle Syntec Incorporated Carlisle Syntec Incorporated at 10:00 a.m. 1285 Ritner Highway Carlisle, PA 17013 NOTE: THIS IS A RETURN ON A SUBPOENA DUCES TECUM FOR THE PRODUCTION OF RECORDS ONLY. NO ORAL TESTIMONY IS REQUIRED IF PRODUCTION IS MADE PRIOR TO THE SCHEDULED DEPOSITION BY MAILING A CERTIFIED COPY OF THE RECORDS TO CHARLES MARTIN KREAMER, SR., ALLEN & GOOCH, P. O. BOX 81129, LAFAYETTE, LA 70508. By: CHARLE MARTIN KREAMER, SR. Bar Roll Number 23171 Post Office Box 81129 Lafayette, Louisiana 70598-1129 3377291-1390 Attorney for Newpark Mats & Intergrated Services, LLC it UE COPY ATTEST day of April, 2009. ette, IL.LJ THIS _1 l(l D ?J, @' COURT U, o 2L ,20 GLd;Uty I?.'k 0 f G U U r t 11348539 Exhibit "A" Please produce a certified copy of any and all personnel records, wage, salary, benefit statements, disciplinary actions, worker's compensation claims, doctor's reports, pre- employment physicals, drug screenings, accident reports and any and all other records in your possession related to the employment of ALMEDA TURNER, D/OB: January 22, 1964, Social Security Number 428-27-9141. A TRUE COPY ATTEST 4 Laf yette, L D F Co1JRT I- 1 !1- ED T1 I IS I Le rim inn inn, E I cd?uiy' t7 J Coort III IIIIIIIIIIIIIIIIIIIIIIIII III II( 11348497 COMPOSITE MAT SOLUTIONS, INC. VERSUS PSI SOUTH INC. and SPECTRUS, INC. 15TH JUDICIAL DISTRICT COURT LAFAYETTE PARISH, LOUISIANA DOCKET NO. 2007-1131 AFFIDAVIT OF SERVICE STATE OF LOUISIANA PARISH OF LAFAYETTE BEFORE ME, the undersigned notary in and for the aforesaid state and parish, personally came and appeared CHARLES MARTIN KREAMER, SR., attorney for Newpark Mats & Intergrated Services, Inc. (substituted for Composite Mat Solutions, Inc. and LLC), who, after being duly sworn, stated that he has caused to be served on the Records Custodian of CARLISLE SYNTEC INCORPORATED a subpoena for purposes of trial/deposition to produce the records of ALMEDA TURNER; and further that he has caused a copy of same to be served by certified mail on defendants, THE MATERIALS GROUP, LLC, through its attorney of record, RYAN E. JOHNSON, SPECTRUS, INC. (PSI South, Inc.), through its attorney of record, ROBERT E. TORIAN, and, FIREMAN'S FUND INSURANCE COMPANY, through its attorney of record, STEVE M. SIKICH on the I_` 11k day of April, 2009. CH RLES . KREAMER, SR. SWORN TO AND SUBSCRIBED BEFORE ME, a Notary Public, this N Il? day of April, 2009. NOTARY PUBLIC dam,'"? ??3n MICHELLE E. NEEF Notary Public ID Number 13341 °' `O- My Commission is For Lite A TRUE COPY ATTEST T T IJR 4y4N 17 I! Ca THIS RP G1'' Qr lL , 20Uf? UEpi :y` CL ,k of t,oul t 11348331 STAVE OF LOUISIANA PARISH OF LAFAYETTE I HEREBY CERTIFY, that the above and foregoing is a true and correct copy of: Petition for Letters Rogatory, Letters Rogatory and Notice of Records Production Deposition, filed in suit entitled "Composite Mat Solutions, Inc. v. PSI South, Inc. and Spectrus, Inc.," and bearing Docket Number 2007-1131 on the docket of the above Styled Court. IN TESTIMONY WHEREOF, witness my official signature and seal of office at _t„?ttH fTF , Louisiana, on this .1'1 day of April, 2009. A TRUE COPY ATTEST Laf ette, L '?4-?-?--• 1)Y. CL COURT L MCC---3 -.3 29,, CLERK OF COURT LAFAYETTE PARISH, 15TH JDC STATE OF LOUISIANA f"11 171.41n u,v or 21_ upugy Clerk of Court -? III NIIIIIIillllllilllllillllil I!I 11348455 COMPOSITE MAT SOLUTIONS, INC. 15TH JUDICIAL DISTRICT COURT VERSUS LAFAYETTE PARISH, LOUISIANA PSI SOUTH INC. and SPECTRUS, INC. DOCKET NO. 2007-1131 PETITION FOR LETTERS ROGATORY The Petition of Newpark Mats & Intergrated Services, LLC (substituted for Composite Mat Solutions, Inc. and LLC), with respect represents that: I. Carlisle Syntec Incorporated may be in possession of records of Almeda Turner. 2. Carlisle Syntec Incorporated's office is located at 1285 Ritner Highway, Carlisle, PA 17013. 3. Defendant has noticed the records production deposition of Carlisle Syntec Incorporated to be taken on May 19, 2009 beginning at 10:00 a.m. A copy of the Notice of Records Deposition is attached hereto. WHEREFORE, defendant prays that Letters Rogatory be issued to the proper authority in Carlisle, Pennsylvania, commissioning defendant to take the records deposition of Carlisle Syntec Incorporated. A TRUE COPY ATTEST La ayette, DY. CLE F co KT Respectfully submitted, ALLEN & GOOCH A Law CorporatiQn HARLE MARTIN KREAMER, SR. Bar Roll Number 23171 Post Office Box 81129 Lafayette, Louisiana 70598-1129 337-291-1390 Attorney for Newpark Mats & Intergrated Services, LLC PIl.[D THIS 1? AY 0 F___ , 20 11348414 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing instrument has this day been served on all parties through their counsel of record in this proceeding by: ( ) Hand Delivery ,j Prepaid U.S. Mail ( ) Email ( ) Facsimile ( ) Overnight Mail Service Lafayette, Louisiana, this/ day of April, 2009. CHA ES M A TIN KREAMER, SR. A TRUE COPY ATTEST Laf ette, L CLERK OF OLJRT FILED THIS_I LP DAv OF k? !L , 20 flo 3 '.ti Ju( Jttf''t III IIlIIlil(lllil!lIIIlIIINI II N! 11348372 COMPOSITE MAT SOLUTIONS, INC. VERSUS 15TH JUDICIAL DISTRICT COURT LAFAYETTE PARISH, LOUISIANA PSI SOUTH INC. and SPECTRUS, INC. DOCKET NO. 2007-1131 LETTERS ROGATORY To The Appropriate Authority of Carlisle, Pennsylvania. In the 15`h Judicial District Court, Parish of Lafayette, State of Louisiana, there is pending a cause entitled "Composite Mat Solutions, Inc. v. PSI South, Inc. and Spectrus, Inc.," and it appears that the just determination of the issue therein presented requires that testimony and/or records be taken from Carlisle Syntec Incorporated whose offices are located in Carlisle, PA. It is therefore requested that you assist this Court in serving the interest of justice by causing Carlisle Syntec Incorporated to produce the records regarding Almeda Turner. SIGNED this pt'" day of April, 2009 in Lafayette, Louisiana. ?c JUDGE Respectfully submitted, Allen & Gooch, CIfARLtS MARTIN KREAMER, SR. 2000 Kaliste Saloom Road, Suite 400 P. 4. Drawer 81129 Lafayette, LA 70598-1129 (337) 291-1390 Attorney for Newpark Mats & Intergrated Services, LLC (substituted for Composite Mat Solutions, Inc. and LLC) A TRUE COPY ATTEST Laf 4tteLK 0AAM 0 COURT FILED THIr' !1 E:fAY OF ? 1? JAI 20 l??i ??r Cis, k ?f "?ttr1 IIIIINiIIIIIIiiIIN?8111111IIII 11348299 STATE OF LOUISIANA PARISH OF LAFAYETTE 1, TV r a) d/ 010 -cr/? , District Judge, Parish of Lafayette, 15`n Judicial District Court, State of Louisiana, which Court is a Court of record, do hereby certify that the above and foregoing attestation is in due and proper form and that it has been signed by the proper officer. WITNESS my official signature at Lafayette, Lafayette Parish, Louisiana, this day of April, 2009. DISTRICT JUDGE ,,?RRIISHH OF LAFAYETTE, 15TH JDC STATE OF LOUISIANA STATE OF LOUISIANA PARISH OF LAFAYETTE I, L to 15 -3• Pe;x.12-e-r , Clerk of Court, Parish of Lafayette, 15th Judicial District Court, State of Louisiana, and being duly commissioned and qualified as such, do hereby certify that the Judge whose name appears on the foregoing certificate is, and at the time of signing the same was, a duly commissioned and qualified Judge of the Parish of Lafayette, 151h Judicial District Court, State of Louisiana, which Court is a Court of record, and that his signature to said certificate is genuine. WITNESS my official signature and seal of office at Lafayette, Lafayette Parish, Louisiana, this the 1 -1 day of April, 2009. L -r 9-a-Z - CLERK OF COURT PARISH OF LAFAYETTE, 15TH JDC STATE OF LOUISIANA A TRUE Cory ATTEST tDy,az FILED THI,I 11 ?. D A111, 0 F '01Z1 lam, 20-M ll -h Exhibit "B" A L A W C O R P O R A T I O N ALLEN GIOCH May 5, 2009 Court of Common Pleas, Ninth District Cumberland County State of Pennsylvania Attention: Jennifer E. Bray, Deputy Administrator RE: Composite Mat Solutions, Inc. v. PSI South, Inc. and Spectrus, Inc. Docket No. C-20071131 D Allen & Gooch Matter ID# 13221-0002 MAY IT PLEASE THE COURT: Undersigned counsel represents the plaintiff in the captioned matter, currently pending in Lafayette, Louisiana. As part of that litigation, discovery is being sought from a resident of Pennsylvania. Undersigned counsel understands that Your Honor has been provided with a copy of a Notice of Records Deposition with attached Affidavit of Service, Petition for Letters Rogatory, and Letters Rogatory for service in Pennsylvania. In connection with said discovery, undersigned counsel hereby states the following: (1) on April 14, 2009, all counsel of record in the captioned matter have been provided copies of the Notice of Records Deposition, Letters Rogatory and Petition for Letters Rogatory addressed to Carlisle Syntec Incorporated, along with an Affidavit of Service; (2) and, as of May 5, 2009, no objections have been raised regarding the Notice of Records Deposition, Letters Rogatory and Petition for Letters Rogatory addressed to Carlisle Syntec Incorporated. WHEREBY, premises considered, undersigned counsel, on behalf of his client, respectfully requests that Your Honor cause to be issued the orders/subpoenas sought herein forthwith, to facilitate the discovery process in the captioned matter. 2000 KALISTE SALOOM ROAD • SUITE 400 1 LAFAYETTE LA 70508 P.0. BOX 81129 1 LAFAYETTE LA 70598.1129 1 PHONE 337.29 1. 1000 1 FAX 337.291.1200 OFFICES IN LAFAYETTE LOUISIANA & NEW ORLEANS LOUISIANA Jennifer E. Bray May 5, 2009 Page 2 Thanking you for your professional courtesies and with kind regards, I remain Sincerely, Charles Martin Kreamer, Sr. Direct Dial 337.291.1390 Direct Fax 337.291.1395 E-Mail charleskreamer@allengooch.com Enclosure(s) rp 'A'FC E OF THE PAMMURY 1089 MAY -5 AM 11: 11 ,?K%nr':.? {d?UAl7Y KWYLVANA J-1 MAY 0 6 20096 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPOSITE MAT SOLUTIONS, INC. Plaintiff/ Petitioner V. PSI SOUTH INC. and SPECTRUS, INC. Defendants ORDER DOCKET NO. 2009-2740 CIVIL ACTION - LAW PETITION FOR ISSUANCE OF FOREIGN SUBPOENA AND NOW, THIS day of 2009, upon - &11k- consideration of Plaintiff/ Petitioner, Composite Mat Solutions, Inc.'s Amended Petition for Issuance of Foreign Subpoena and Notice of Records Deposition, Affidavit of Service, Petition for Letters Rogatory, and Letters Rogatory from the 151h judicial District Court, Lafayette Parish, Louisiana, it is hereby ORDERED and DECREED that said Petition is GRANTED. The Prothonotary of Cumberland County is hereby directed to issue a subpoena to produce documents and things for discovery in accordance with said Letters Rogatory to the Records Custodian of Carlisle Syntec Incorporated, located at 1285 Ritner Highway, Carlisle, PA 17013. 10 130441 r ? s yam. V5 le