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HomeMy WebLinkAbout04-2239COZEN O'CONNOR MATTHEW F. HENRY, ESQURIE Atty. I.D. No.: 88364 1900 Market Street Philadelphia, PA 19103 (215)665.7248 Attorneys for Defendants, AIU Insurance Company, American Home Assurance Company, Birmingham Fire Insurance Company of Pennsylvania, Granite State Insurance Company, Landmark Insurance Company, Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. VIACOM INTERNATIONAL, 1NC., Plaintiff, ADMIRAL INSURANCE CO., et al., Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY MISCELLANEOUS ACTION NO.: PETITION FOR ISSUANCE OF A SUBPOENA AlU Insurance Company, American Home Assurance Company, Birmingham Fire Insurance Company of Permsylvania, Granite State Insurance Company, Landmark Insurance Company, Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. (hereinafter "Petitioners"), by and through their attorneys, Cozen O'Connor, respectfully petitions this Court, pursuant to 42 Pa.C.S. § 5326, to issue a subpoena duces tecum compelling Gannett Flemming, Inc. (f/k/a Gannett, Flemming, Corddry & Carpenter, Inc.) 207 Senate Avenue, Camp Hill, PA 17011, to (1) procure documents, on such a date as may be agreed by the witness and all interested parties, but in any event, not more than two weeks after the service of the subpoena, at a location in Cumberland County as may be agreed by the witness and all interested parties, and (2) to have a representative with knowledge of those documents appear for deposition on such a date as may be agreed by the witness and all interested parties, at a location in Cumberland County as may be agrees by the witness and all interested parties, and in support thereof asserts as follows: 1. This case involves an insurance coverage action venued in the Superior Court of New Jersey, Somerset County, under docket number SOM-L-1739-99. 2. In this action, PlaintiffViacom International, Inc. seeks insurance coverage from Defendants for certain environmental liabilities. 3. Upon information and belief, Gannett Flemming, Inc. (f/k/a Gannett, Flemming, Corddry & Carpenter, Inc.) has knowledge and information regarding the matters of inquiry set forth in Attachment "A" annexed hereto, and has possession, custody and control of the documents and tangible things identified in said attachment, all of which are relevant to this action. 4. The documents in the possession, custody and control of Gannett Flemming, Inc. (f/k/a Gannett, Flemming, Corddry & Carpenter, Inc.), as well as the oral testimony ora representative therefrom are necessary to the Petitioners' defense of this matter. 5. This subpoena is directed to Gannett Flemming, Inc. (f/k/a Gannett, Flemming, Corddry & Carpenter, Inc.), a non-party witness, seeks the production of documents in the possession of to Gannett Flemming, Inc. (f/k/a Gannett, Flemming, Corddry & Carpenter, Inc. relating to the matters of inquiry set forth in Attachment "A" annexed hereto, and the oral custodial deposition of a representative of Gannett Flenmfing, Inc. (f/k/a Gannett, Flemming, Corddry & Carpenter, Inc.) with like knowledge and information. As a resident of Pennsylvania, Gannett Flemming, Inc. (f/k/a Gannett, Flemming, Corddry & Carpenter, Inc.) is not subject to the subpoena power of the courts of New Jersey. 6. Attached hereto as Exhibit "A" is a copy of the Order issued by the Superior Court of New Jersey granting a Commission to take out-of-state depositions. WHEREFORE, Petitioners, AlU Insurance Company, American Home Assurance Company, Birmingham Fire Insurance Company of Pennsylvania, Granite State Insurance Company, Landmark Insurance Company, Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. respectfully request that this Court issue a subpoena duces tecum in the form attached as Exhibit "B," compelling Gannett Flemming, Inc. (f/k/a Gannett, Flemming, Corddry & Carpenter, Inc.) to produce documents designated therein on such a date as may be agreed by all interested parties, but in any event not more than two weeks after the service of the subpoena, at a location in Cumberland Connty as may be agreed by all interested parties, and requiring a representative from Gannett Flemming, Inc. (f/k/a Gannett, Flemming, Corddry & Carpenter, Inc.) with knowledge of those documents to appear for deposition on such a date as may be agreed by all interested parties, at a location in Cumberland County as may be agreed by all interested parties. Respectfully submitted, COZEN O'CONNOR Attorney for Petitioners 1900 Market Street Philadelphia, PA 19103 (215)665.7248 COZEN O'CONNOR MATTHEW F. HENRY, ESQURIE Atty. I.D. No.: 88364 1900 Market Street Philadelphia, PA 19103 (215)665.7248 Attorneys for Defendants, AlU Insurance Company, American Home Assurance Company, Birmingham Fire Insurance Company of Pennsylvania, Granite State Insurance Company, Landmark Insurance Company, Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. VIACOM INTERNATIONAL, INC., Plaintiff, V, ADMIRAL INSURANCE CO., et al., Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY MISCELLANEOUS ACTION NO.: CERTIFICATE OF SERVICE The undersigned certifies that true and correct copies of the foregoing Petition for the Issuance of a Subpoena were served on all counsel of record, pursuant to the attached Service List, via first class United States mail, postage pre-paid on this ]'~'L~day of May, 2004. Respectfully submitted, BY: F~. , 1900 Market Street Philadelphia, PA 19103 (215)665.7248 VIACOM INTERNATIONAL, INC. V. ADMIRAL INS. CO., ETAL. Docket No. SOM-L-1739-99 All Counsel List PLAINTIFF Kevin J. Bruno, Esq. Robertson, Freilich, Bruno & Cohen, LLC One Riverfront Plaza, 4th Floor Newark, NJ 07102 (973) 848-2100 (973) 848-2138 (fax) Attorneys for Plaintiff, Viacom International, Inc. Leslie G. Fagen, Esq. Allan Arfth, Esq. Paul, Weiss, Rifkind, Wharton & Garrison 1285 Avenue of the Americas New York, NY 10019-6064 (212) 373-3231 (212) 373-2249 (fax) Arffa fax (212)373-2116 Attorneys for Plaintiff, Viacom International, Inc. DEFENDANTS Anthony P. LaRocco, Esq. Kirkpatrick & Lockhart, LLP One Riverfront Plaza Newark, NJ 07102 (973) 848-4000 (973) 848-4001 (fax) and David T. Case, Esq. Jon Talotta, Esq. Barry M. Hartman, Esq. Kirkpatrick & Lockhart, LLP 1800 Massachusetts Avenue, NW Washington, DC 20036-1800 (202) 778-9000 (202) 778-9100 (fax) Attorneys for Defendant, Horsehead Industries, Inc. Charles A. Jones, Esq. ("Tony") Ross, Dixon & Bell, L.L.P. 2001 K Street, N.W. Washington, D.C. 20006 (202) 662-2000 direct dial (202) 662-2074 (202) 662-2190 (Fax) email tjones~rdlaw.com Attorneys for Defendants, Continental Casualty Company, Firemen's Insurance Company of Newark, New Jersey, Pacific Insurance Company, Fidelity and Casualty Insurance Company of New York and The Continental Insurance Company INSURER DEFENDANTS Jonathan S. Reed, Esq. Traub, Eglin, Lieberman, Straus Metroplex Corporate Center I 100 Metroplex Drive, Suite 203 Edison, NJ 08817 (732) 985-1000 (732) 985-2000 (fax) Attorneys for Defendant, Associated International Insurance Company Carolyn Bates Kelly, Esq. Christie Pabarue Mortensen Young 1880 JFK Boulevard - l0th Floor Philadelphia, PA 19103-7424 Attorneys for Defendant, Republic Insurance Company (215) 587-1600 James F. McNaboe, Esq. Sepanik Conner McNaboe Colliau & Elenius 1100 Cornwall Road First Floor South Monmouth Junction, NJ 08852 (732) 398-5400 Direct dial (732) 398-5401 (732) 398-5414 (fax) email j ames.mcnaboe~cna, com Attorneys for Defendants, Continental Casualty Company, Firemen's Insurance Company of Newark, New Jersey, Pacific Insurance Company, Fidelity and Casualty Insurance Company of New York and The Continental Insurance Company Robert F. Priestley, Esq. Adam M. Smith, Esq. Mendes & Mount One Newark Center 19th Floor Newark, NJ 07102 (973) 639-7300 (973) 639-7350 (fax) Attorneys for Defendant, Certain Underwriters At Lloyds London Douglas R. Kleinfeld, Esq. Kleinfeld & Kleinfeld 219 South Street New Providence, NJ 07974 (908) 508-0800 (908) 508-0555 (fax) Attorneys for Defendants, Westport Insurance Corporation, St. Paul Surplus Lines Insurance Company, Employers Reinsurance Corporation James R. Greene, Esq. Hardin, Kundla, McKeon, Poletto & Polifroni 673 Morris Avenue P.O. Box 730 Springfield, NJ 07081-0730 (973) 912-5222 (973) 912-9212 (fax) Attorneys for Defendant, Royal Indemnity Company John C. Sullivan, Esq. Post & Schell, P.C. Adams Place - Suite 3 701 White Horse Road Voorhees, NJ 08043 (856) 627-8900 (856) 627-4451 (fax) Attorneys for Defendant, Liberty Mutual Insurance Company Loren L. Pierce, Esq. Robert J. Re, Esq. McElroy, Deutsch & Mulvaney 1300 Mount Kemble Avenue P.O. Box 2075 Morristown, NJ 07962-2075 (973) 993-8100 (973) 425-0161 (fax) Attorneys for Defendant, Admiral Insurance Company Susan M. Chesler, Esq. Melito & Adolfsen, P.C. Woolworth Building 233 Broadway New York, NY 10279-0118 (212) 238-8900 (212) 238-8999 (fax) Attorneys for Defendants, First State Insurance Company, Hartford Accident & Indemnity Company, New England Insurance Company, and Twin City Fire Insurance Company Donna Stephan-Nolan, Esq. Purcell, Ries, Shannon, Mulcahy & O'Neill One Pluckemin Way, Crossroads Business Center, P.O. Box 754 Bedminster, NJ 07921 (908) 658-3800 (908) 658-4659 (fax) Attorneys for Defendant, Old Republic Insurance Company Erik W. Drewniak, Esq. Aidan M. McCormack, Esq. Michael P. Murphy, Esq. Hodgson Russ LLP 152 West 57th Street New York, New York 10009 (212) 751-4300 (212) 751-0928 (fax) email Edrewnia~hodgsonruss.com AmcCormack~hodgsonruss.com MMurphy~hodgsonruss.com Attorneys for Defendants St. Paul Surplus Lines Insurance 3 Kevin M. Haas, Esq. Cozen O'Connor Suite 1900 One Newark Center Newark, NJ 07102 (973) 286-1200 (973) 242-2121 (fax) Attorneys for Defendants, AIU Insurance Company, American Home Assurance Company, Birmingham Fire Insurance Company of Pennsylvania, Granite State Insurance Company, Landmark Insurance Company, Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. Scott M. Seaman, Esq. Jason R. Schulze, Esq. Meckler, Bulger & Tilson 123 North Wacker Drive Suite 1800 Chicago, IL 60606 (312) 474-7900 Seaman Direct dial (312) 474-7139 Schulze Direct dial (312) 474-4456 (312) 474-7898 (fax) Email scott.seaman~mbtlaw.com jason.schulze~mbtlaw.com Attorneys for Defendants, Appalachian Insurance Company and Affiliated FM Insurance Company M. Paul Gorfinkel, Esq. Michael E. Buckley, Esq. Rivkin, Radler & Kremer, LLP EAB Plaza Uniondale, NY 11556-0111 (516) 357-3000 (516) 357-3333 (fax) Attorneys for Defendants, Allstate Insurance Company (sued herein as Allstate Insurance Company [formerly known as Northbrook Excess & Surplus Insurance Company]) and Dairyland Insurance Company Ed Napierkowski, Esq. Siegal & Napierkowski 220 Lake Drive East, Suite 304 Cherry Hill, NJ 08022 (856) 667-2080 (856) 667-2210 (fax) Attorneys for Defendants, Century Indemnity Company, Century Indemnity Company, as successor to CCI Insurance Company, as successor to Insurance Company of North America (improperly designated "Insurance Company of North America"), Century Indemnity Company, as successor to CCI Insurance Company, as successor to Insurance Company of North America, as successor to Indemnity Insurance Company of North America (improperly designated "Indemnity Insurance Company of North America'), International Insurance Company and Motor Vehicle Casualty Company, with respect to policies issued by Cravens Dargan & Company, Pacific Coast as Managing General Agent (improperly designated "Motor Vehicle Casualty Company (in liquidation)") 4 Gerald A. Huges, Esq. Huges & Hendrix 850 Bear Tavern Road, Suite 304 West Trenton, NJ 08628 (609) 883-7100 (609) 883-9597 (fax) And Mary E. Borja, Esq. Wiley, Rein & Fielding 1776 K Street, N.W. Washington, DC 20006 (202) 719-4552 (202) 719-7049 (fax) Attorneys for Defendants, Zurich Insurance Company and Zurich International Kenneth R. Rothschild Golden, Rothschild, Spagnola, Lundell & Levitt, P.C. I011 Route 22 West, Suite 300 P.O. Box 6881 Bridgewater, NJ 08807-0881 (908) 722-6300 (908) 722-0029 (fax) Local counsel for The Home Insurance Company Joseph M. Suarez, Esq. Suarez & Suarez 2106 Kennedy Boulevard Jersey City, NJ 07305 (201) 433-0778 (201) 433-4899 Attorneys for Defendant, Federal Insurance Company, U.S. Guarantee Insurance Company Leanne Alsen, Esq. Margolis Edelstein 216 Haddon Avenue P.O. Box 2222 Westmont, NJ 08108-2886 (856) 858-7200 (856) 858-1017 (fax) and Elit R. Felix, II, Esq. Margolis Edelstein The Curtiss Center, 4th Floor 601 Walnut Street Philadelphia, PA 19106-3304 (215) 931-5870 (215) 922-1772 (fax) Attorneys for Defendant, Tudor Insurance Company Jeffrey S. Brenner, Esq. Flaster, Greenberg 1810 Chapel Avenue West Cherry Hill, NJ 08002 (856) 661-2275 (856) 661-1919 Attorneys for Defendant, Ranger Insurance Company Stephen J. Smirti, Jr., Esq. Rivkin, Radler & Kremer, LLP EAB Plaza Uniondale, NY 11556-0111 (516) 357-3000 (516) 357-3333 Attorneys for Defendant, Houston General Insurance Company 5 Michael E. Buckley, Esq. Rivkin, Radler & Kremer, LLP One Gateway Center, Suite 1226 Newark, NJ 07102-0111 (973) 622-0900 (973) 622-7878 (fax) Attorneys for Defendants, Allstate Insurance Company (sued herein as Allstate Insurance Company [formerly known as Northbrook Excess & Surplus Insurance Company]) Sheldon Karasik, Esq. Robin Stone Einbinder, Esq. Karasik & Einbinder, LLP 28 West 36th Street, Suite 901 New York, NY 10018-7911 (212) 244-6100 (212) 244-6110 (fax) Attorneys for Defendant, National Union Company of Omaha Neil Walters, Esq. Piper Rudnick 379 Thomall Edison, New Jersey 08818 (732)-590-1850 (732)-590-1860 (fax) Attorneys for Stonewall Insurance Co. Daren S. McNally, Esq. Connell, Foley & Geiser 85 Livingston Avenue Roseland, NJ 07068 (973) 535-0500 (973) 535-9217 (fax) Attorneys for Defendant, TIG Indemnity Company (f/k/a Transamerica Insurance Company) 6 Mark Tallmadge, Esq. Bressler, Amery & Ross P.O. Box 1980 Morristown, NJ 07962 (973) 514-1200 (973) 514-1660 (fax) Attorneys for Defendants, New Jersey Property-Liability Insurance Company Association on behalf of Midland Insurance Company and Integrity Insurance Company Amy R. Paulus Clausen Miller P.C. 10 S. LaSalle Street Chicago, IL 60603 (312) 606-7848 (312) 606-7777 (fax) And Vincent Velardo, Esq. Clausen Miller One Gateway Center, Suite 2600 Newark, NJ 07102 (973) 645-0564 (973) 622-3423 (fax) Attomeys for Defendant, Cente~mial Insurance Company And One Chase Manhattan Plaza, 39th FI. New York, NY 10005 (212) 805-3913 (212) 805-3939 (fax) Charles Shimberg, Esq. Litchfield Cavo 3 Haddon Avenue Haddonfield, NJ 08033 (856) 428-6682 (856) 354-1656 (fax) Attorneys for Defendants, Gibraltar Casualty Company and Everest Reinsurance Company f/k/a Prudential Reinsurance Company -Remainin~ counsel- Daniel G. Litchfield, Esq. Dawn M. Gonzalez Litchfield Cavo 303 West Madison Street, Suite 200 Chicago, IL 60606 (312) 781-6669(Litchfield) (312) 781-6667 (Gonzalez) (312) 781-6630(fax) Antonio D. Favetta, Esq. Gamty Graham and Favetta 1 Lackawanna Plaza P.O. Box 4205 Montclair, NJ 07042 (973) 509-7500 (973) 509-0414 (fax) Attorneys for Defendants Allianz Insurance Company and Pennsylvania Manufacturers Assoc. Neil Glazer, Esq. Frances Buckley D'Amato & Lynch 70 Pine Street New York, NY 10270 (212) 269-0927 (212) 269-3559 (fax) Attorneys for Defendant, Certain Underwriters At Lloyds London Alexander J. Kovacs, Esq. Caron, Constants & Wilson 201 Route 17 North, 2nd Floor Rutherford, New Jersey 07070 (201) 507-3710 (201) 507-3706 (Direct) (201) 507-3675 (Fax) Attorneys for Fireman's Fund Insurance Company 8 Scott J. Ryskoski, Esq. Michael J. Steinlage, Esq. Larson King, LLP 2800 Minnesota World Trade Center 30 East 7th Street St. Paul, MN 55101 (651) 312-6500 (651) 312-6520 (Direct) (651) 312-6618 (Fax) Attorneys for Defendants, Employers Insurance of Wausau a Mutual Company and National Casualty Company Richard Orr, Esq. Dominick Cirelli, Esq. Smith, Stratton, Wise, Heher & Brennan 600 College Road East Princeton, NJ 08540 (609) 924-6000 (609) 987-6651 (fax) Attorneys for Defendants, American Re-Insurance Company, Executive Risk Indemnity, Inc. and Mutual Marine Office, Inc. Vincent J. Proto, Esq. Thomas M. Laudise, Esq. Budd, Lamer, Gross Rosenbaum 150 John F. Kennedy Parkway, CN 1000 Short Hills, NJ 07078 (973) 379-4800 (973) 379-7734 (fax) Attorneys for Defendant, General Reinsurance Corp. James Pabame, Esq. Carolyn Bates Kelly, Esq. Christie, Pabame, Mortensen & Young (215) 587-1600 (215) 587-1699 (fax) Attorneys for Defendants, Government Employers Insurance Company ("GEICO") and Unigard Security Insurance Company (f/k/a Unigard Mutual Insurance Company) Kevin C. Gmbb, Esq. The Concourse at Beaver Brook 1465 Route 31, P.O. Box 546 Annandale, NJ 08801 (908) 238-9400 (908) 238-9401 (fax) Attorneys for Defendant, Michigan Mutual Ins. Co. Mitchell A. Steam, Esq. Kevin M. Grace, Esq. Porter Wright Morris & Arthur, LLP 1919 Pennsylvania Avenue, N.W., Suite 500 Washington, D.C. 20006 (202) 778-3000 (202) 778-3063 (fax) Attorneys for Defendant, The Home Insurance Company William P. Krauss, Esq. Wilson, Elser, Moskowitz, Edelman & Dicker, LLP 33 Washington Street, 18 Fl. Newark, NJ 07102-5003 (973) 624-0800 (973) 624-0808 (fax) Attorneys for Defendant, MidStates Reinsurance Corporation (f/k/a Mead Reinsurance Corporation) Michael L. Gioia, Esq. Landman, Corsi, Ballaine, & Ford P.C. 120 Broadway, 27th Floor New York, NY 10271-0079 (212) 238-4800 (212) 238-4848 (fax) Attorneys for Defendants, Government Employers Insurance Company ("GEICO")and Unigard Security Insurance Company (f/k/a Unigard Mutual Insurance Company) Ira Bergman, Esq. Duane Morris 380 Lexington Avenue New York, NY 10168 (212) 692-1000 (212) 692-1009 (fax) Attorneys for Defendants, Westport and ERC Shawn L. Kelly, Esq. Thomas J. Castano, Esq. Mary Ellen Scalera, Esq. Ellen M. Christoffersen, Esq. Riker Danzig Scherer Hyland Perretti, LLP One Speedwell Avenue Morristown, NJ 07962 (973) 538-0800 (973) 538-1984 (fax) Attorneys for Highlands Insurance Company 9 Patrick Dwyer, Esq. Polstein, Fen'ara, Dwyer & Speed 83 Maiden Lane New York, New York 10038 (212) 344-3339 (212)-344-3635 (fax) Attorneys for Affiliated FM Insurance Company C:lDocuments and SettingslmJhenrylLocal SettingslTemporary lnternet FileslOLK81 Viacom - All Counsel List (use this one)_vl.DOC 10 COZEN O'CONNOR One Newark Center, Suite 1900 Newark, NJ 07102 973-286-1200 Attorneys for Defendants, AlU Insurance Company, American Home Assurance Company, Birmingham Fire Insurance Company of Pennsylvania, Granite State Insurance Company, Landmark Insurance Company, Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. VIACOM INTERNATIONAL INC., Plaintiff, V. ADMIRAL INSURANCE CO., et al., Defendants. Superior Court of New Jersey Law Division: Somerset County Docket No. SOM~L4739-99 COMMISSION TO THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY The Superior Court of New Jersey, Law Division, Somerset County, hereby requests your assistance to procure the deposition of, and production of documents and tangible things from Gannett Fleming, Inc. (ffk/a Gannett, Fleming, Corddry & Carpenter, Inc.), which is believed to be a resident of the State of Pennsylvania, County of Cumberland. This Court believes that Gannett Fleming, Inc. has knowledge and information regarding the matters of inquiry set forth in Attachment "A" annexed hereto, and has possession, custody and control of the documents and tangible things identified in said attachment, all of which this Court believes is relevant to this action. Having confidence in your prudence and fidelity, we request your assistance and have appointed you, and by these presents do give you full power and authority, in pursuance of an Order issued in the Superior Court of New Jersey, Law Division, Somerset County, in this action, to issue a subpoena to these persons or entities to appear for a deposition and give testimony in the cause, and to produce documents and tangible things for inspection and copying, in accordance with the New Jersey Rules of Court and applicable Rules of the Court of Common Pleas, Cumberland County. Dated thi~ day of ,20 BY THE COLIRT: /, ./fi'] Judge of the Superior Court of The State of New Jersey -2- ATTACHMENT "A" A. DEFINITIONS AND INSTRUCTIONS 1. These requests refer to all responsive documents in your possession, custody or control which were prepared, created, examined, sent, delivered or received by you during the time period from 1899 to the present, inclusive, unless otherwise stated. 2. All responsive documents within your possession, custody, or control shall be produced, including all responsive documents which were prepared, created, examined, sent, delivered or received by you, and all responsive documents available to you or any of your predecessors, successors, agents, employees, attorneys, accountants, representatives, independent contractors, or others from whom you are capable of deriving documents or information. 3. Any request for any document shall be deemed to request a copy of the document (without abbreviation or redaction) whenever the original is unavailable or whenever the copy has written matter on it not present in the original, including alternations, notes, comments, or other material not appearing on the original, or whenever a copy has attached to it any alternations, revisions, drafts or other preliminary material. Any request for a document shall also include drafts, revisions of drafts and other preliminary material, from whatever source, underlying, supporting, or used in the preparation of any document. 4. The terms "you" and "your," unless otherwise specified, shall mean Gannett Fleming, Inc., its corporate predecessors, successors, subsidiaries, parents, affiliates, offices, branches, departments, bureaus and divisions, and all present and former employees, agents, officers, directors, attorneys or representatives of that company. 5. The term "document" is used in the broadest sense permissible under applicable New Jersey law and rules governing the scope of discovery to encompass any written, typewritten, printed, or graphic matter of any kind or character, including, but not limited to, correspondence, notations, papers, books, agreements, applications, forms, telegrams and telefaxes, contracts, reports, minutes and records from any meetings, memoranda, notes, e-mails, e-mail attachments, diary enthes, telephone slips or logs, calendars, bills, invoices, charts, studies, graphs, summaries of investigations, calculations, analyses, drawings, photographs, maps, transcripts and affidavits, and also including films and videotapes, other tapes or recordings, transcripts, computer printouts and information stored in computers or other data storage or processing equipment. 6. "Person" or "persons" means all natural mad legal persons, including, without limitation, individuals, corporations, joint ventures, partnerships, trusts, sole proprietorships, tmincorporated associations and any agency, division, subdivision, branch or department of any local, state or federal government. 7. "Relating to" or "relate to" means to consist of, refer to, pertain to, reflect, discuss, describe, cite, evidence, concern, summarize, analyze or be in any way logically or factually connected (directly or indirectly) with the matter discussed. 8. All references to the singular include the plural and all references to the plural include the singular, as necessary, to produce the most inclusive response. 9. The term "or" shall mean "and/or;" the term "and" shall mean "and/or." Both terms shall be construed broadly to produce the most inclusive response. 10. The term "each" shall mean "each and every;" the term "every" shall mean "each and every." Both terms shall be construed broadly to produce the most inclusive response. 11. For any document requested herein that was at one time in your possession, custody or control but is no longer so, the request shall be deemed to include all documents reflecting or relating to the disposition or current location of the original and each copy of each such document. 12. "Viacom" shall mean Viacom International, Inc., and any corporate predecessors, successors, parents, subsidiaries, partners, affiliates, divisions, members, other entities under common control, offices, branches, departments, bureaus and divisions, including but not limited to, Viacom, Inc., Viacom International Inc., Paramount Communications, Inc., Viacom 2 International Services, Inc., Gulf & Western Corporation, Gulf + Western Inc., The New Jersey Zinc Company, Zinminco, Inc., E.W. Bliss Company and Universal American Corporation and all present or former employees, agents, officers, and directors thereof. 13. "Mobil" shall mean Exxon Mobil Corporation, and any corporate predecessors, successors, parents, subsidiaries, partners, affiliates, divisions, members, other entities under common control, offices, branches, departments, bureaus and divisions, including but not limited to, Mobil Oil Company, and all present or former employees, agents, officers, and directors thereof. 14. "Horsehead" shall mean Horsehead Industries, Inc., and any corporate predecessors, successors, parents, subsidiaries, affiliates, offices, branches, departments, bureaus and divisions, and all present or former employees, agents, officers, and directors thereof. 15. The "DePue Site" shall mean the: a) property and facilities located in and around DePue, Illinois which were owned and operated by Viacom upon which, or with respect to which, you performed environmental investigation and/or remediation; b) the site identified by the United States Environmental Protection Agency as CERCLIS No. ILD062340641 (64 Fed. Reg. 24949, May 10, 1999), as same may be enlarged from time to time by any Government Entity; and c) all land, air, water (including surface water and ground water), atmosphere, natural resources, disposed or other wastes, abandoned property and real or personal property, which has been alleged to have been affected, directly or indirectly, by the operations, acts or omissions of Viacom, Horsehead or Mobil in and around DePue, Illinois. 16. The "Palmerton Site" shall mean a) property and facilities located in and around Palmerton, Pennsylvania which were owned and operated by Viacom upon which, or with respect to which, you performed environmental investigation and/or remediation; b) the site identified by the United States Environmental Protection Agency as CERCLIS No. PAD002395887 (48 Fed. Reg. 40658, September 30, 1983), as same may be enlarged from time to time by any Government Entity; and c) all land, air, water (including surface water and ground 3 water), atmosphere, natural resources, disposed or other wastes, abandoned property and real or personal property, which has been alleged to have been affected, directly or indirectly, by the operations, acts or omissions of Viacom, Horsehead or Mobil in and around Palmerton, Pennsylvania. 17. "Environmental contamination" shall mean the actual, alleged, potential or threatened contamination of, or injury or damage to air, environment, atmosphere, land, soil, sediments, property, water (including groundwater and surface water), natural resources, plant life, animal life or any natural person or class or group of natural persons, by or arising from the presence, existence, movement, emission, discharge, seepage, release, dispersal, disposal, dumping, or escape of, or exposure to, hazardous substances, hazardous wastes, fertilizers, irritants, contamination, pollutants, toxins, vapors, fumes, methane gas, acids, alkalis, metals, chemicals, energy, radiation, oil, polychlorinated biphenyls, petroleum, petroleum derivatives, silica, benzene, contaminating liquids or gases, waste materials of any type or any other material, substance or cansative agent alleged by any person in the past, now or in the future to be (whether before or after its or their presence, existence, movement, emission, discharge, seepage, release, dispersal, disposal, dumping, or escape) detrimental, harmful, injurious, hazardous, noxious, nuisance-causing or toxic. 18. If any objection is made to any numbered or lettered paragraph or subparagraph, or any portion thereof, of any request herein, documents shall be produced as to any and all portions thereof, as to which no objection is made. 19. Within 30 days after service of the attached subpoena, you shall serve upon the requesting parties or their designee(s) a log which (i) identifies each responsive document that has been withheld or redacted for any reason or has been destroyed or is otherwise no longer in your custody or possession or subject to your control and (ii) provides the following information with respect to each such document: f. g. h. The nature of the document (i.e. letter, memorandum, etc.); The date of the document; The author of the document; The subject matter of the document; The addressees of the document; The recipients of copies; The document request to which the document is responsive; If known, the positions and/or affiliations of the author, addressees and recipients at the time of the date of the document; and The legal basis for withholding or redacting the document, if any. 20. These Requests shall be deemed to be continuing so as to require further and supplemental responses as you obtain additional information between the time of responding hereunder and the trial of this action. 21. All documents shall be produced in an orderly manner with appropriate markings or other identification to allow identification of the source of the document, the file in which it was maintained, and the person to whom such file belongs. 22. All indices or similar doctanents that list, classify, organize, record, explain or enumerate responsive documents shall be produced along with the responsive documents. 23. If a document requested no longer exists or has otherwise been disposed of, identify each such document and state the date of, circumstances surrounding, and reasons for its disposal; identify the person responsible for and the persons who have knowledge of the disposal and provide all other information that would be of use in obtaining the document, a copy of it, or the information contained in it. 5 B. NOTICE OF DEPOSITION You are hereby required to identify and produce for deposition, at the time and place designated in the accompanying subpoena, one or more officers, directors, managing agents, or other agents and employees with the most knowledge concerning the DePue and/or Palmerton Sites. C. DOCUMENTS REQUESTED All documents in your possession, custody or control relating to the investigation of environmental contamination at the DePue and Palmerton Sites. 2. All documents relating to hydrogeologic, geologic, surface water, soil and engineering evaluations, testing, experiments, investigations, reports, studies or analyses of the DePue and Palmerton Sites. 3. All documents used or reviewed by you in connection with any evaluations, testing, experiments, reports, studies or analyses of the DePue and Palmerton Sites prepared by you for, or on behalf of, Viacom. 4. All documents relating to your work at the DePue and Palmerton Sites, including, but not limited to, remediation, disposal, storage, treatment, mitigation, reduction or elimination of environmental contamination at the Sites. 5. All documents relating to any steps taken by you for, or on behalf of, Viacom in response to any directive, order or other instructions from a local, state or federal governmental (or quasi-govermnental) authority or agency relating to the DePue or Palmerton Sites. 6. All documents relating to any steps taken by you for, or on behalf of, Mobil in response to any directive, order or other instructions from a local, state or federal governmental (or quasi-governmental) authority or agency relating to the DePue or Pahnerton Sites. 7. All documents relating to any steps taken by you for, or on behalf of, Horsehead in response to any directive, order or other instructions from a local, state or federal govenunental (or quasi-governmental) authority or agency relating to the DePue or Palmerton Sites. 8. All documents or communications by or between you and any members of the public, including homeowners, community members, or civic groups, relating to the DePue and Palmerton Sites, or any documents relating to comments or complaints or investigations into comments or complaints made by members of the public. 9. All work proposals, scope of work and contracts relating to any work performed by you at the DePue and Palmerton Sites. 10. All field notes associated with any work performed by you at the DePue and Palmerton Sites. 11. All memoranda prepared in connection with any work performed by you at the DePue and Palmerton Sites. 12. All correspondence prepared or received by you in connection with any work performed by you at the DePue and Palmerton Sites. 13. All internal work papers prepared and retained by you in connection with any work performed by you at the DePue and Palmerton Sites. 14. All drafts of reports prepared in connection with any work performed by you at the DePue and Palmerton Sites. 15. All final reports prepared in connection with any work performed by you at the DePue and Palmerton Sites. 16. Any photographs (including aerial photographs), maps, drawing, diagrams and videotapes of the DePue and Palmerton Sites. 17. All documents and communications by or between Viacom, or any representative thereof, and you relating to or regarding any work performed for Viacom relating to the DePue and Palmerton Sites. 18. All documents and communications by or between Mobil, or any representative thereof, and you relating to or regarding any work performed for Mobil relating to the DePue and Palmerton Sites. 19. All documents and communications by or between Horsehead, or any representative thereof, and you relating to or regarding any work performed for Horsehead relating to the DePue and Palmerton Sites. 20. All documents and communications by or between you and any federal, state or local governmental (or quasi-governmental) authority or agency relating to the DePue and Palmerton Sites. 21. All documents and communications by or between any other person or entity and you relating to or regarding the DePue and Palmerton Sites. 22. All documents relating to the location, layout, design or methods of operation at the DePue and Palmerton sites. 23. All charts, studies, reports, maps, drawings or documents setting forth, describing or discussing the soil characteristics, surface water configuration, geology, hydrogeological characteristics or subsurface characteristics at the DePue and Palmerton Sites. 24. All documents or information that Viacom, Horsehead or Mobil supplied to you regarding environmental contamination at or fi:om the DePue and Palmerton Sites. 25. All documents relating to historical waste disposal practices at the DePue and Palmerton Sites. 26. All documents relating to the maintenance and housekeeping of the DePue and Palmerton Sites, including, but not limited to, any interview or inquiry of past or present employees as to the historic maintenance, disposal and/or waste handling practices at the Sites. 27. All documents relating to costs incurred and costs to be incurred at the DePue and Palmerton Sites as a result of work conducted, proposed or recommended by you at the DePue or Palmerton Sites for, or on behalf of Viacom. 28. All documents relating to costs incurred and costs to be incurred at the DePue and Palmerton Sites as a result of work conducted, proposed or recommended by you at the DePue or Palmerton Sites for, or on behalf of Mobil. 29. All documents relating to costs incurred and costs to be incurred at the DePue and Palmerton Sites as a result of work conducted, proposed or recommended by you at the DePue or Palmerton Sites for, or on behalf of Horsehead. 30. All documents referring or relating to any current or past corporate document retention and/or destruction policy, practice, procedure or program implemented by you and applicable to any documents responsive to any of the foregoing requests and/or having any impact on your ability to fully and completely respond thereto. NEWARKI\14948\1 088309.000 ATTACHMENT "A" A. DEFINITIONS AND INSTRUCTIONS 1. These requests refer to all responsive documents in your possession, custody or control which were prepared, created, examined, sent, delivered or received by you during the time period from 1899 to the present, inclusive, unless otherwise stated. 2. All responsive documents within your possession, custody, or control shall be produced, including all responsive documents which were prepared, created, examined, sent, delivered or received by you, and all respunsivc documents available to you or any of your predecessors, successors, agents, employees, attorneys, accountants, representatives, independent contractors, or others from whom you are capable of deriving documents or information. 3. Any request for any document shall bc deemed to request a copy of the document (without abbreviation or redaction) whenever the original is unavailable or whenever the copy has written matter on it not present in the original, including alternations, notes, comments, or other material not appearing on the original, or whenever a copy has attached to it any alternations, revisions, drafts or other preliminary material. Any request for a document shall also include drafts, revisions of drafts and other preliminary material, from whatever source, underlying, supporting, or used in thc preparation of any document. 4. The terms "you" and "your," unless otherwise specified, shall mean BCM Engineers, its corporate predecessors (including but not limited to Betz Environmental Engineers), successors, subsidiaries, parents, affiliates, offices, branches, departments, bureaus and divisions, and all present and former employees, agents, officers, directors, attorneys or representatives of that company. 5. The term "document" is used in the broadest sense permissible under applicable New Jersey law and rules governing the scope of discovery to encompass any written, typewritten, printed, or graphic matter of any kind or character, including, but not limited to, correspondence, notations, papers, books, agreements, applications, forms, telegrams and telefaxes, contracts, reports, minutes and records from any meetings, memoranda, notes, e-mails, e-mail attachments, diary entries, telephone slips or logs, calendars, bills, invoices, charts, studies, graphs, summaries of investigations, calculations, analyses, drawings, photographs, maps, transcripts and affidavits, and also including films and videotapes, other tapes or recordings, transcripts, computer printouts and information stored in computers or other data storage or processing equipment. 6. "Person" or "persons" means all natural and legal persons, including, without limitation, individuals, corporations, joint ventures, partnerships, trusts, sole proprietorships, unincorporated associations and any agency, division, subdivision, branch or department of any local, state or federal government. 7. "Relating to" or "relate to" means to consist of, refer to, pertain to, reflect, discuss, describe, cite, evidence, concern, summarize, analyze or be in any way logically or factually connected (directly or indirectly) with the matter discussed. 8. All references to the singular include the plural and all references to the plural include the singular, as necessary, to produce the most inclusive response· 9. The term "or" shall mean "and/or;" the term "and" shall mean "and/or." Both terms shall be construed broadly to produce the most inclusive response· 10. The term "each" shall mean "each and every;" the term "every" shall mean "each and every." Both terms shall be construed broadly to produce the most inclusive response. 11. For any document requested herein that was at one time in your possession, custody or control but is no longer so, the request shall be deemed to include all documents reflecting or relating to the disposition or current location of the original and each copy of each such document. 12. "Viacom" shall mean Viacom International, Inc., and any corporate predecessors, successors, parents, subsidiaries, partners, affiliates, divisions, members, other entities under common control, offices, branches, departments, bureaus and divisions, including but not limited 2 to, Viacom, Inc., Viacom International Inc., Paramount Communications, Inc., Viacom International Services, Inc., Gulf & Western Corporation, Gulf + Western Inc., The New Jersey Zinc Company, Zinminco, Inc., E.W. Bliss Company and Universal American Corporation and all present or former employees, agents, officers, and directors thereof. 13. "Mobil" shall mean Exxon Mobil Corporation, and any corporate predecessors, successors, parents, subsidiaries, partners, affiliates, divisions, members, other entities under common control, offices, branches, departments, bureaus and divisions, including but not limited to, Mobil Oil Company, and all present or former ~anployees, agents, officers, and directors thereof. 14. "Horsehead" shall mean Horsehead Industries, Inc., and any corporate predecessors, successors, parents, subsidiaries, affiliates, offices, branches, departments, bureaus and divisions, and all present or former employees, agents, officers, and directors thereof. 15. The "DePue Site" shall mean the: a) property and facilities located in and around DePue, Illinois which were owned and operated by Viacom upon which, or with respect to which, you performed environmental investigation and/or remediation; b) the site identified by the United States Environmental Protection Agency as CERCLIS No. ILD062340641 (64 Fed. Reg. 24949, May I0, 1999), as same may be enlarged from time to time by any Government Entity; and c) all land, ai~:, water (including surface water and ground water), atmosphere, natural resources, disposed or other wastes, abandoned property and real or personal property, which has been alleged to have been affected, directly or indirectly, by the operations, acts or omissions of Viacom, Horsehead or Mobil in and around DePue, Illinois. 16. The "Palmerton Site" shall mean a) property and facilities located in and arotmd Palmerton, Pennsylvania which were owned and operated by Viacom upon which, or with respect to which, you performed environmental investigation and/or remediation; b) the site identified by the United States Environmental Protection Agency as CERCLIS No. PAD002395887 (48 Fed. Reg. 40658, September 30, 1983), as same may be enlarged from time 3 to time by any Government Entity; and c) all land, air, water (including surface water and ground water), atmosphere, natural resources, disposed or other wastes, abandoned property and real or personal property, which has been alleged to have been affected, directly or indirectly, by the operations, acts or omissions of Viacom, Horsehead or Mobil in and around Palmerton, Pennsylvania. 17. "Environmental contamination" shall mean the actual, alleged, potential or threatened contamination of, or injury or damage to air, environment, atmosphere, land, soil, sediments, property, water (including groundwater and surface water), natural resources, plant life, animal life or any natural person or class or group of natural persons, by or arising fxom the presence, existence, movement, emission, discharge, seepage, release, dispersal, disposal, dumping, or escape of, or exposure to, hazardous substances, hazardous wastes, fertilizers, irritants, contamination, pollutants, toxins, vapors, fumes, methane gas, acids, alkalis, metals, chemicals, energy, radiation, oil, polychlorinated biphenyls, petroleum, petroleum derivatives, silica, benzene, contaminating liquids or gases, waste materials of any type or any other material, substance or causative agent alleged by any person in the past, now or in the future to be (whether before or after its or their presence, existence, movement, emission, discharge, seepage, release, dispersal, disposal, dumping, or escape) detrimental, harmful, injurious, hazardous, noxious, nuisance-causing or toxic. 18. If any objection is made to any numbered or lettered paragraph or subparagraph, or any portion thereof, of any request herein, documents shall be produced as to any and all portions thereof, as to which no objection is made. 19. Within 30 days after service of the attached subpoena, you shall serve upon the requesting parties or their designee(s) a log which (i) identifies each responsive document that has been withheld or redacted for any reason or has been destroyed or is otherwise no longer in your custody or possession or subject to your control and (ii) provides the following information with respect to each such document: 4 f~ g. h~ The nature of the document (i.e. letter, memorandum, etc.); The date of the document; The author of the document; The subject matter of the document; The addressees of the document; The recipients of copies; The document request to which the document is responsive; If known, the positions andIor affiliations of the author, addressees and recipients at the time of the date of the document; and The legal basis for withhold'mg or redacting the document, if any. 20. These Requests shall be deemed to be cont'muing so as to require further and supplemental responses as you obtain additional information between the time of responding hereunder and the trial of this action. 21. All documents shall be produced in an orderly manner with appropriate markings or other identification to allow identification of the source of'the document, the file in which it was maintained, and the person to whom such file belongs. 22. All indices or similar documents that list, classify, organize, record, explain or enumerate responsive documents shall be produced along with the responsive documents. 23. If a document requested no longer exists or has otherwise been disposed Of, identify each such document and state the date of, circumstances surrounding, and reasons for its disposal; identify the person responsible for and the persons who have knowledge of the disposal and provide all other information that would be of use in obtaining the document, a copy of it, or the information contained in it. B. NOTICE OF DEPOSITION You are hereby required to identify and produce for deposition, at the time and place designated in the accompanying subpoena, one or more officers, directors, managing agents, or other agents and employees with the most knowledge concerning the DePue and/or Palmerton Sites. C. DOCUMENTS REQUESTED 1. All documents in your possession, custody or control relating to the investigation of environmental contamination at the DePue and Palmerton Sites. 2. All documents relating to hydrogeologic, geologic, surface water, soil and engineering evaluations, testing, experiments, investigations, reports, studies or analyses of the DePue and Palmerton Sites. 3. All documents used or reviewed by you in connection with any evaluations, testing, experiments, reports, studies or analyses of the DePue and Palmerton Sites prepared by you for, or on behalf of, Viacom. 4. All documents relating to your work at the DePue and Palmerton Sites, including, but not limited to, remediation, disposal, storage, treatment, mitigation, reduction or elimination of environmental contamination at the Sites. 5. All documents relating to any steps taken by you for, or on behalf of, Viacom in response to any directive, order or other instructions from a local, state or federal governmental (or quasi-governmental) authority or agency relating to the DePue or Palmerton Sites. 6. All documents relating to any steps taken by you for, or on behalf of, Mobil in response to any directive, order or other instructions from a local, state or federal governmental (or quasi-governmental) authority or agency relating to the DePue or Palmerton Sites. 7. All documents relating to any steps taken by you for, or on behalf of, Horsehead in response to any directive, order or other instructions from a local, state or federal governmental (or quasi-governmental) authority or agency relating to the DePue or Palmerton Sites. 8. All documents or communications by or between you and any members of the public, including homeowners, community members, or civic groups, relating to the DePue and Palmerton Sites, or any documents relating to comments or complaints or investigations into comments or complaints made by members of the public. 9. All work proposals, scope of work and contracts relating to any work performed by you at the DePue and Palmerton Sites. 10. All field notes associated with any work performed by you at the DePue and Palmerton Sites. 11. All memoranda prepared in connection with any work performed by you at the DePue and Palmerton Sites. 12. All correspondence prepared or received by you in connection with any work performed by you at the DePue and Palmerton Sites. 13. All internal work papers prepared and retained by you in connection with any work performed by you at the DePue and Palmerton Sites. 14. All drafts of reports prepared in connection with any work performed by you at the DePue and Palmerton Sites. 15. All final reports prepared in connection with any work performed by you at the DePue and Palmerton Sites. 16. Any photographs 0ncluding aerial photographs), maps, drawing, diagrams and videotapes of the DePue and Palmertun Sites. 17. All documents and COn~l~lIJ~l'lcatiorls by or between Viacom, or any representative thereof, and you relating to or regarding any work performed for Viacom relating to the DePue and Palmerton Sites. 18. All documents and communications by or between Mobil, or any representative thereof, and you relating to or regarding any work performed for Mobil relating to the DePue and Palmerton Sites. 19. All documents and communications by or between Horsehead, or any representative thereof, and you relating to or regarding any work performed for Horsehead relating to the DePue and Pahnerton Sites. 20. All documents and communications by or between you and any federal, state or local governmental (or quasi-governmental) authority or agency relating to the DePue and Palmerton Sites. 21. All documents and communications by or between any other person or entity and you relating to or regarding the DePue and Palmerton Sites. 22. All documents relating to the location, layout, design or methods of operation at the DePue and Palmerton sites. 23. All charts, studies, reports, maps, drawings or documents setting forth, describing or discussing the soil characteristics, surface water configuration, geology, hydrogeological characteristics or subsurface characteristics at the DePue and Palmerton Sites. 24. All documents or information that Viacom, Horsehead or Mobil supplied to you regarding environmental contamination at or from the DePue and Palmerton Sites. 25. All documents relating to historical waste disposal practices at the DePue and Palmerton Sites. 26. All documents relating to the maintenance and housekeeping of the DePue and Palmerton Sites, including, but not limited to, any interview or inquiry of past or present employees as to the historic maintenance, disposal and/or waste handling practices at the Sites. 27. All documents relating to costs incurred and costs to be incurred at the DePue and Palmerton Sites as a result of work conducted, proposed or recommended by you at the DePue or Palmerton Sites for, or on behalf of Viacom. 28. All documents relating to costs incurred and costs to be incurred at the DePue and Palmerton Sites as a result of work conducted, proposed or recommended by you at the DePue or Palmerton Sites for, or on behalf of Mobil. 29. All documents relating to costs incurred and costs to be incurred at the DePue and Palmerton Sites as a result of work conducted, proposed or recommended by you at the DePue or Palmerton Sites for, or on behalf of Horsehead. 30. All documents referring or relating to any current or past corporate document retention and/or destruction policy, practice, procedure or program implemented by you and applicable to any documents responsive to any of the foregoing requests and/or having any impact on your ability to fully and completely respond thereto. NEWARKI\I4948\l 088309.000 COZEN O'CONNOR MATTHEW F. HENRY, ESQURIE Atty. I.D. No.: 88364 1900 Market Street Philadelphia, PA 19103 (215)665.7248 NAY 1 9 2004 Attorneys for Defendants, AIU Insurance Company, American Home Assurance Company, Birmingham Fire Insurance Company of Pennsylvania, Granite State Insurance Company, Landmark Insurance Company, Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. VIACOM INTERNATIONAL, INC., Plaintiff, V. COURT O'F COMMON PLEAS CUMBER/LAND COUNTY MISCELLANEOUS ACTION NO.: ADMIRAL INSURANCE CO., et al., Defendants. ORDER AND NOW, this z/~' day of /~ ,2004, upnn consideration of the petition of AlU Insurance Company, American Home Assurance Company, Birmingham Fire Insurance Company of Pennsylvania, Granite State Insurance Company, Landmark Insurance Company, Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. for the issuance of a subpoena pursuant to 42 Pa.C.S. § 5326, it is ORDERED and DECREED that the petition is GRANTED. It is further ORDERED that the Cumberland County Prothonotary shall issue a subpoena duces tecum in the form attached hereto, compelling Gannett Flemming, Inc. (f/Wa Gannett, Flemming, Corddry & Carpenter, Inc.) 207 Senate Avenue, Camp Hill, PA 17011 to (1) produce the documents designated in the schedule thereto on such a date as may be agreed by the witness O~ ... F,~LED-OFF'iCE , ~hc PROT,~!C, NOyAq¥ and all interested parties, but in any event, not mom than two weeks after the service of the subpoena, at a location in Cumberland County that shall be agreed by the witness and all interested parties, and (2) to have a representative with knowledge of those documents appear for deposition on such a date as may be agreed by the witness and all interested parties, at a location in Cumberland County that shall be agreed by the witness and all interested parties. 2