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Home My WebLink About10-7853Cdj F:\FILES\Clients\14173 Sloan Construction\14173.1.PROTHY Created: 6/1/06 8:50AM Revised: 12/22/10 3:02PM Hubert X. Gilroy, Esquire z I.D. 29943 C `ry r %z; MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ; :; MARTSON LAW OFFICES {fla_ 10 East High Street Carlisle, PA 17013 ==? ?° •, (717) 243-3341 ry' } Attorneys for Plaintiff Protect Blacksburg, Ricky Pennington, IN THE COURT OF COMMON PLEAS OF Gloria and George Bushko, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010- g CIVIL ACTION LAW South Carolina Department of Health and Environmental Control and Sloan Construction Company, Inc. Defendant TO THE CUMBERLAND COUNTY PROTHONOTARY: In connection with the above captioned case, please accept for filing the following: ti Cwa °?7 1. Respondent Sloan Construction Company, Inc.'s Motion to Take Document Depositions outside the State of South Carolina. 2. Letter Rogatory dated December 20, 2010, issued by the Honorable Shirley S. Robinson, Administrative Law Judge from the State of South Carolina. 3. The subpoena we are requesting to be issued to Nathan C. Wolf. 4. The subpoena that we are requesting to be issued to Sovereign Bank. 5. A separate Praecipe whereby our firm is entering an appearance on behalf of Sloan Construction Company, Inc. in these matters. MARTS L W OFFICES By H Z??igh ilroy, Esquire 10 Street Ch # 33? b Carlisle, PA 17013 (717) 243-3341 9 g •00 _ Date: December , 2010 Attorneys for Plaintiff GI' U),-/ a? 53 STATE OF SOUTH CAROLINA ADMINISTRATIVE LAW COURT Protect Blacksburg, Ricky Pennington, Gloria and George Bushko, Petitioners, VS. South Carolina Department of Health and Environmental Control and Sloan Construction Company, Inc., Respondents. Docket No. 10-ALJ-07-0654-CC (Stormwater Permits) LETTER ROGATORY TO: The Honorable Kevin A. Hess, President Judge of the Court of Common Pleas of Cumberland County, Pennsylvania WHEREAS a certain action is pending before us, in which the above-referenced individuals are the Petitioners and Sloan Construction Company, Inc., is a Respondent, and it has been suggested to us that there is a witness residing within your jurisdiction without whose testimony justice cannot be completely done between the said parties. We therefore request that, in furtherance of justice, you will, by your proper and usual process, cause Nathan C. Wolf, Esquire, Wolf and Wolf, 10 West High Street, Carlisle, PA, and a designee of Sovereign Bank, to appear at an oral deposition and produce the records described in the attached Subpoenas and Notices of Deposition to counsel for Respondents and to appear before you or some competent person by you for that purpose authorized, at the time and place stated in said subpoenas and notices. Furthermore, you will cause their testimony to be committed to writing, and such books, papers, records or other things that said witness may produce to be marked as exhibits; and that you will cause the same to be returned to us under cover duly sealed and addressed to Gregory J. English, Esquire, Wyche, Burgess, Freeman & Parham, P.A., 44 E. Camperdown Way, Greenville, SC 29601, and we shall be ready and willing to do the same for you in a similar case when required. Witness the Honorable Judge of said Court December 2010 Columbia, South Carolina TATE OF SOUTH CAROLINA ADMINISTRATIVE LAW COURT Protect Blacksburg, Ricky Pennington, Gloria and George Bushko, Petitioners, VS. South Carolina Department of Health and Environmental Control and Sloan Construction Company, Inc., Respondents. Docket No. 10-AI.J-07-0654-CC (Stormwater Permits) RESPONDENT SLOAN CONSTRUCTION COMPANY, INC.'S MOTION TO TAKE DOCUMENT DEPOSITIONS OUTSIDE THE STATE OF SOUTH CAROLINA. Respondent Sloan Construction Company, Inc. ("Sloan") moves the Court to issue a Letter Rogatory to allow Sloan to take document depositions outside the State of South Carolina on the following grounds: . :1. This matter is currently set for trial on January 11, •2011. 2. This Court has previously issued Orders on October 8, 2010 and October 25, 2010, that allowed Sloan to discover information regarding the source of funding for this litigation by Petitioners, believed to be a competitor of Sloan. 3. Since the Court's *Orders, Sloan was able to learn that Petitioners have a checking account at the Palmetto Bank at 203 W. Cherokee Street, Blacksburg, South Carolina and that, between May 21, 2010 and September 5, 2010, Petitioners received $26,160.15 by either checks or wire transfers from an IOLTA account of Wolf & Wolf Attorneys at Law, 10 West High Street, Carlisle, PA 17013, which account is number 53370775 with Sovereign Bank. A copy of these documents is attached hereto as Exhibit A. 4. In order to discover the information regarding the funding of this litigation consistent with the Court's prior Orders, a Letter Rogatory should be issued to the appropriate judicial authority within the Commonwealth of Pennsylvania, requesting that it issue a subpoena and Notice of Oral Deposition to Nathan Wolf of Wolf & Wolf and a corporate designee of Sovereign Bank to learn the identity of the source of the deposits to the Wolf & Wolf I IN-' ANTED DEC 14 2010 SC ADMIN. LAW COURT C. Ro' ,inson linistfa tive Law Judge 5. Copies of the proposed Letter Rogatory with subpoenas and deposition notices are attached hereto as Exhibit B. WHEREFORE, Sloan Construction Company, Inc., requests this Honorable Court to issue a Letter Rogatory to the appropriate judicial authority within the Commonwealth of Pennsylvania, County of Cumberland, requesting that it issue subpoenas and notices of deposition to Wolf & Wolf, by Nathan Wolf and Sovereign Bank. Respectfully submitted, Wyche, Burgess, Freeman. & Date: 44 E. perdown Way19601 P.O. Box 728 Greenville, SC 29602 (864) 242-8247 a j Ito Attorneys for Respondent Sloan Construction Company, Inc. he Palmetto Bank 203 W. Cherokee Street Blacksburg, SC 29702- OWNERSHIP OF ACCOUNT - CONSUMER PURPOSE ® INDIVIDUAL ? ? JOINT - WITH SURVIVORSHIP Land net as teaana M common) ? JOWT- NO SURVIVORSHIP IaatmmineoawmI ? TRUST- SEPARATE AGREEMENT- 11 REVOCABLE TRUST OR ? PAY-O"rATH DESIGNATION AS DEFINED W THIS AGREEMENT Name and Addrass'of Beneficiaries: OWNERSHIP OF ACCOUNT - BUSINESS PURPOSE ? SOLE PROPRIETORSHIP ? CORPORATION: ? FOR PROFIT ? NOT FOR PROFIT ? PARTNERSHIP BUSINESS:- So ORGAN¢ATIO AU714ORIZIITION DATED: DATE OPENED 04-29-2010 BY Polly, Moore INmAL DEPOSIT i 100.00 ? CASH ? CHECK ? HOME TELEPHONE # MU) 839-1057 BUSINESS PHONE I _(M) 902-5250 ORIVER'S LICENSE t 004684034 E-MAIL EMPLOYER NESTLE MOTHER'S MAIDEN NAME BATCHLER Name and addro" of comaons who vAn owe" know your bwt)orr. _ BACKUP WITHHOLDING CERTIFICATIONS TIN: 247-02-8975 ® TAXPAYER I.D. NUMBER - The Taxpayer Identification Number shown above MNI is my correct taxpayer identification number. ® BACKUP WITHHOLDING - I am not subject to backup withholding either because t have not been notified that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. ? EXEMPT RECFIBITS - I am an exempt recipient under the Internal Revenue Service Regulations. SIGNATURE: 1 csrft under pe ialdea of penury the stotanumts checked In this seetlon that I am ¦ US. person {including ¦ 40 U.S, nj? ofsta. 1 ACCOUNT NUMBER 53370775 RICKY L PENNINGTON OR JEFFERY D ANDERSON 337 ROCK SPRINGS RD BLACKSBURG, SC 29702-0000 ® NEW ? EXISTING TYPE OF N CHECKING ? SAVINGS ACCOUNT ? MONEY MARKET ? CERTIFICATE OF DEPOSIT ? NOW ? This is your (check onel: IN Permanent ? Temporary account agreement. Number of signatures raqulred for withdrawal FACSIMILE SIGNATURE(S) ALLOWED? ? YES ® NO [X SIGNATURE(S) - The underelilmed agree to the teme; opted on every paps of this foen and soknovdadge teP Iii- of a wrap I b copy. The d tdpned farther eulhottts the ftaanohl institution to verify credit end employnrent history andlor haw a andlt reparA agency pre re a erect report on the wtdenigned; as InAkidusb. The mrdiedpnsd also aoknowfedBe the receipt of a copy and agree to the terms osff the following disclosure(s): 9 Deposit Account M Funds Availability M Troth In Savings W I%Monfc Fund Transfers M Privacy ? Substitute Checks IN Rate h LRICK?Y` L PEN jNf3TON I.D. # 247-02-8975 D.O.B. 10/06/1954 (2): JEFFE D ANDERSON I.D. d 246-29-6731 D.O.B. 1011711963 (3): L I.D. * D.O.B. 441: L A*A I.D. !e ' '^y. O 2 %U D.O.B. rulu p I L ncOvIdual D? ?rioti LD.A D.O.B. m 1N2 B&nk4m eyatwm.Ine.. SL Coed. MN Form h*=8KLA2-SC 4119/2004 MDF. CBI 1080@1614) 3370775 203 WEST CHEROKEE STREET Page 1 BLACKSBURG SC 29702 Telephone Number (864)839-6331 5-20-10 RICKY L PENNINGTON SENIORITY CHECKING ACCOUNT OR JEFFERY D ANDERSON Account Number 53370775 337 ROCK SPRINGS RD BLACKSBURG SC 29702 5-20-10 Account Beginning Balance 4-29-10 .00 Summary Checks and Other Withdrawals .00 Deposits and Other Credits 100.00 Interest Earned .00 Service Charge .00 Ending Balance 5-20-10 100.00 Other Deposits and Withdrawals Date Description Amount 4-29 140 DEPOSIT 100.00 * - - - - - - - - - - - - NSF CHARGES SUMMARY- - - - - - - - - - - - Fees for returned items This Cycle .00 Fees for paid items .00 .00 Total fees charged .00 .00 ATM/DEBIT CARD OVERDRAFT SERVICE CHANGE ENCLOSED - OPTING IN IS "YOUR CHOICE" Save when you spend with MyPal Checking. Call 1-800-725-2265 for more information. ° 3t.?. own Z9 / .. t a 3 ? » Nww wrr .» w,r ..r.n n?.rxN .I N..?M?M M M x r r x 1 1 ?$ 1 ry .M?Ir.1{.N l!yyyy ?S N » . . ? s A A /?Otl Ml..l W4tM N • t?1?_...? ?..Ir.. Bank L a w C 6 `LV r M ? St fi00.tA N iC 1:053 20 i tia6r: 053370775r 20 Date 0429-2010 Account 53370775 Amount '100.00 Sequence 1401054000 Serial 0 TR 53201186 TranCode 20 DBCR C f i m omm THE PALmrro BANK CASH IN TICKET TELLER NO. 0213 0066.0213 XXXXOM ct"" 1" 6100.00 Bt3tt1{i'tit?B6"i'St3 H+trz3.'283{>f >653EQ1tS6c 01/29110 llwkftrg 01/29/10 16120 1: 560600DOOr: 213r Date 0429-2010 Account 213 Amount 100.00 Sequence 1401054010 Serial 0 TR 560600000 TranCode 0 DBCR D 3370775 1 203 WEST CHEROKEE STREET Page 1 BLACKSBURG SC 29702 Telephone Number (864)839-6331 6-20-10 RICKY L PENNINGTON SENIORITY CHECKING ACCOUNT OR JEFFERY D ANDERSON Account Number 53370775 337 ROCK SPRINGS RD BLACKSBURG SC 29702 6-20-10 Account Be inning Balance 5-20-10 100.00 Summary Ch6ckr and Other Withdrawals 3,400.00 De osits and Other Credits 3,400.00 InfeTest Earned .00 Service Charge .00 Ending Balance 6-20-10 100.00 Check Listing No. Date Amount No. Date Amount 2001 5-24 3400.00 Other Deposits and Withdrawals Date Description Amount 5-21 140 DEPOSIT 3400.00 * - - - - - - - - - - - - NSF CHARGES SUMMARY- - - - - - - - - - - - Fees for returned items This Cyc 0 .0 Fees for paid items .00 .00 Total fees charged .00 .00 ANNUAL PRIVACY NOTICE INCLUDED Save when you s end with MyPal Checking. Call 1-800-725-265 for more information. ' T The Palnw to Bank EM w1? DEPOSIT' TICKET S al?i0 } 3,co 0 0 0 170COUW NUMB . W"Can X3370 775.x $ :3z i IU 53e01 a8.: 20 Date 05-21-2010 Account 53370775 Amount 3400.00 Sequence 1401191330 Seria10 TR 53201186 TranCode 20 DBCR C t+..wR1w w 2769 AT MMHf MRIR7YR - GIrM 1A9017 tl77WpR pyy??pp °913 1W°R -1MIMIR tIR0ER 0I ; 1.100.00 • N*Y P.M" MU7LL0YI9 337 R.%% SpMo MW HRMO ?? AJ 4-7 ¦ 1000Q000_t A91r 1:233372Gg3?C ir. 7icawaar ? 8?1 I I I I I I I I I I I?fTlliT? 0023. 0147 ee3aio017W IS 854 ,M ff 3 05/21/10 10746 3 6614=1767Sis 65aii2M >653^61166< Date 05-21-2010 Account 1671021086 Amount 3400.00 Sequence 1401191340 Serfai 2769 TR 231372691 TranCode 0 DBCR D ICKY L MUUNWON 2001 OR JEFVIW D ANDQRSON 3v UPAMS RD MMMIMM so The Palmetto Bank IMS320iiarw Q93370775u' D20 1 fl Date 05-24-2010 Account 53370775 Amount 3400.00 Sequence 7006621672 Sedaf2001 TR 53201186 TranCode 0 DBCR D 3370775 1 203 WEST CHEROKEE STREET Page 1 BLACKSBURG SC 29702 Telephone Number (864)839-6331 7-21-10 SENIORITY CHECKING ACCOUNT RICKY L PENNINGTON OR JEFFERY D ANDERSON Account Number 53370775 337 ROCK SPRINGS RD BLACKSBURG SC 29702 7-21-10 Account Beginning Balance 6--20-10 Summary Checks and Other Withdrawals Deposits and Other Credits Interest Earned Service Charge Ending Balance 7-21-10 100.00 7,000.00 7,000.00 .00 100.00 Check Listing No. Date Amount No. Date 2002 7-19 7000.00 Amount Other Deposits and Withdrawals Date Description 7-12 140 DEPOSIT Amount 7000.00 * - - - - - - - - -OVERDRAFT CHARGES/REFUNDS SUMMARY - - - - - - - - This Cycle YTD Total returned item fees .00 .00 Total overdraft fees .00 .00 Total fees charged .00 .00 This CY 0 Refund of returned check fees . 0 00 Refund of paid check fees .00 .00 Total fees refunded .00 .00 ANNUAL PRIVACY NOTICE INCLUDED Save when you s end with MyPal Checking. Call 1-800725-265 for more information.. ATS :I--- ?' 5'3 370 ? 75 .?,rr. . «. $ r7oa 0.*0 r2O 5 3 20 i is 6,S 20 Date 07-12-2010 Account 53370775 Amount 7000.00 Sequence 1401486210 Serial 0 TR 53201186 TranCode 20 DBCR C I!!1!!lllll 00'?'r: so,rr orryrrro tiQTdi6ftcvgw ETtYO6$.?c?¢ r woti ?wOla „-,,,1 9807 EWr11. M /»tl .M»YLq ??? _7Blleu a«?.r.tc,rnr mma r0000002807a. 1:231372E69ir &A? so a Mal. `UBidt?'i?.r` 4978 •671IZ?2Bi8'<' Date 07-12-2010 Account 1671021088 Amount 7000.00 Sequence 1401466220 Serial 2807 TR 231372691 TranCode 0 DBCR D q Z D A?Ia cw 2002 aor noac srfamm rro Q 8161 WSX m?daeune,sosnnar / Rt Aerer ?60 t; a $ d0 d, 4 O do?JCvri ? `+? vary, 6, 'Bank ?8B S'mOk'CWB ?:Q5320i186rC Q5337D775a' 02QQ Q Date 07-19-2010 Account 53370775 Amount 7000.00 Sequence 7007495148 Serial 2002 TR 53201188 TranCode 0 DBCR D 3370775 2 203 WEST CHEROKEE STREET Page 1 BLACKSBURG SC 29702 Telephone Number (864)839-6331 8-19-10 SENIORITY CHECKING ACCOUNT RICKY L PENNINGTON OR JEFFERY D ANDERSON Account Number 53370775 337 ROCK SPRINGS RD BLACKSBURG SC 29702 8-19-10 Account Beginning Balance 7-21-10 Summary Checks and Other Withdrawals De osits and Other Credits In. ?erest Earned Service Charge Ending Balance 8-19-10 Check Listing No. Date Amount No. Date 2003 8-13 769.93 2004 8-06 100.00 2,499.93 2,500.00 .00 100.07 Amount 1730.0 Other Deposits and Withdrawals Date Description 8-02 140 DEPOSIT Amount 2500.00 * - - - - - - - - -OVERDRAFT CHARGES/REFUNDS SUMMARY - - - - - - - - This Cyce 0 YD Total returned item fees . 0 .00 Total overdraft fees .00 .00 Total fees charged .00 .00 This Cycle YTD Refund of returned check fees .00 .00 Refund of paid check fees .00 .00 Total fees refunded .00 .00 Save when you spend with MyPal Checking. Call 1-800-725-2265 for more information. he Palmetto B k DEPOSIT TICKET an ®wl? n. A- -,O we - I A" 0.00 w .? """` U ,mK.?el.? ,?, roe ?aollxll,wwl ? s33 70 77s M 700 ? ?,;, , a n 1:053201&861: 20 Date 08-02-2010 Account 53370775 Amount 2500.00 Sequence 1401599760 Serial 0 TR 53201186 TranCode 20 DBCR C 3820 nwar.e,? wnwmx SOW 14a M?WFhelhndedMOdllq?••••••••••••....w .. .............. w........n««..... Nul" IOllU000111ff L71Ydirlp.4? r4Mq.fC 391c2 {\/4 110000001aaar VaMUr.411: 1G7ioasoesr. Date 08-02-2010 Account 1671021088 Amount 2500.00 Sequence 1401599770 Serial 2828 TR 231372691 TranCode 0 DBCR D Y?? I 681418OZ108949 II?III ? ? x x x x x x x? 0098. 0147 ?j - . r, a g 8 $ SAM3L 09/02/10 16124 020300.00 3 f Y raul=UMM 08+87/2810 :'r' 1188< I ICKY L PBgieIeTON OR JEFFERY D AIMMSON $003 < t •'•. %c ?. ? ?. t; t , ? 3 Y i,y': ? ? rt?•a r i Wmefto Bank laM.PaL OAK flE .7LLUQ11L11 am 40532D&M-i: 053370?7518 0200 : : . . . Date 08-13-2010 Account 53370775 Amount 769.93 Sequence 7007897988 Serial 2003 TR 53201186 TranCode 0 DBCR D ICKY L PMMNQTON 2004 P OR JNFPR Y O /WpWiI ON 1 w 11068 lFMM pD N IIW! we4soXIrot b b ai r ' AeAW, °: a3 ! v ?C o Bank ' liM.ML NAND Jbr ' ?.OS32011861Q 053370?75N? 02dOI '% •' Date 08-06-2010 Account 53370775 Amount 1730.00 Sequence 7007778284 Serial 2004 TR 53201186 TranCode 0 DBCR D 3370775 1 203 WEST CHEROKEE STREET Page 1 BLACKSBURG SC 29702 Telephone Number (864)839-6331 9-21-10 RICKY L PENNINGTON SENIORITY CHECKING ACCOUNT OR JEFFERY D ANDERSON Account Number 53370775 337 ROCK SPRINGS RD BLACKSBURG SC 29702 9-21-10 Account Beginning Balance 8-19-10 Summary Check$ and Other Withdrawals De os?.ts and Other Credits In erest Earned Service Charge Ending Balance 9-21-10 Check Listing No. Date Amount No. Date 2005 8-30 7545.15 100.07 7,545.15 12,720.15 00 24.00 5,251.07 Amount Other Deposits and Withdrawals Date Description 8-24 140 DEPOSIT 8-24 32 WIRE FRM IOLTA/NATHAN C WOLF E 8-24 32 Wire Transfer - In 9-15 41 WIRE FRM IOLTA/NATHAN C WOLF E 9-15 41 Wire Transfer - In Amount 1500.00 6045.15 12.00- 5175.00 12.00- Service Charge Summary Wire Transfer - In Wire Transfer - In Total Service Charge 12.00 12.00 24.00 Amount * - - - - - - - - -OVERDRAFT CHARGES/REFUNDS SUMMARY - - - - -- - - - Total returned item fees This Cycle .00 YTD 00 Total overdraft fees .00 . 00 Total fees charged .00 . .00 Refund of returned check fees This Cycle .00 YTD 00 Refund of paid check fees .00 . 00 Total fees refunded .00 . .00 Save when you s end with MyPal Checking. Call 1-800-725-265 for more information. " The Pat-imtto Bank DEPOSIT TICKET DATI g ,? J /SOD p D ,ara?err,nr? ? s3378?175? ? . 4053 M i iBC4 20 Date 08-24-2010 Account 53370775 Amount 1500.00 Sequence 1401755740 SerialO TR 53201186 TranCode 20 DBCR C . t::= Vd&ik &i ,,,,Is, m- 2e63 AWTOMM MY • w.wrwaisnar ? C&Vl" w 1 r?nwow .. .. • .r ._vmrnin $r p?R?..+.. S ? snom - ?Y.?k'p±. iem?oeouwr .u??.rs?.r ? ` .? r000Q OZ7 ?± ?i3i342i91C IS?&Vii0Bar .F ' 19 In 'L:OTrIi?i254B ?Qiet?s?i QY/21/!0 i6,p1 ?IrsD0.00 coldlEC rise 92,24-I ff 3,05=0118c< Date 08-24-2010 Account 1671021088 Amount 1500.00 Sequence 1401755750 Serial 2853 TR 231372691 TranCode 0 DSCR D ICKY 4 FENNIHMN 2005 OR JIPPZRY *ANDERSON my W= BANN!@B nc ly- ai 9tACl4MJR? so= 02 t 141 / a?IKD tTrLo eaL ad ''1C t? ® r s FrMeWrmftoBank amsa.a. 1M AL XANX rig 170532DL186t: 0 53 3 70 4 75x' 0200 Date 08-30-2010 Account 53370775 Amount 7545.15 Sequence 7008148450 Serial 2005 TR 53201186 TranCode 0 DBCR D 3370775 2 203 WEST CHEROKEE STREET Page 1 BLACKSBURG SC 29702 Telephone Number (864)839-6331 10-21-10 SENIORITY CHECKING ACCOUNT RICKY L PENNINGTON OR JEFFERY D ANDERSON Account Number 53370775 337 ROCK SPRINGS RD BLACKSBURG SC 29702 10-21-10 Account Beginning Balance 9-21-10 Summary Checks and other Withdrawals Deposits and Other Credits Interest Earned Service Charge Ending Balance 10-21-10 Check Listing No. Date Amount 2006 9-24 3175.00 5,251.07 5,175.00 .00 76.07 Amount 2000.0 No. Date 2007 9-23 * - - - - - - - - -OVERDRAFT CHARGES/REFUNDS SUMMARY - - - - - - - - This Cyc 0 Total returned item fees . 0 .00 Total overdraft fees .00 .00 Total fees charged .00 .00 This CY 0 00 Refund of returned check fees . 0 Refund of paid check fees .00 .00 Total fees refunded .00 .00 Save when you s end with MyPal Checking. Call 1-800-725-265 for more information. ICKY L PEMMlM6 M 2006 OR Jl IFW d ANDORMN /t) LIM+ a 141 BIAdBPJFA90 = $ 3 .oa Palmetto Bank MH Sal OUNCIBB 340"AL BAAR ? Rr?Q? 2S 405320LLB6j: 053340775r 0200 M 6 i Date 09-242010 Account 53370775 Amount 3175.00 Sequence 7008540662 Serial 2006 TR 53201186 TranCode 0 DBCR D R 16"I n Iwo?a " 2007 Ur NOW 5PPA= AD 9C emu -M 7 $=aoooao ? ie Palmetto Bank t?y?res..N CONS" $g,d CLUB %Latx% 1t05320L1BSIi 0533707751` 0200 600000 OOODI' E ? S CA i a ll Date 09-23-2010 Acoount 53370775 Amount 2000.00 Sequence 7008528562 Seda12007 TR 53201186 TranCode 0 DBCR D STATE OF SOUTH CAROLINA ADMINISTRATIVE LAW COURT Protect Blacksburg, Ricky Pennington, Gloria Bushko and George Bushko, Petitioners, Docket No.: 10-ALJ-07-0654-CC VS. South Carolina Department of Health and Environmental Control and Sloan Construction Company, Inc., Respondents. ORDER DENYING PETITIONERS' MOTION FOR PROTECTIVE ORDER AND GRANTING RESPONDENT SLOAN'S MOTION TO COMPEL This matter is before the South Carolina Administrative Law Court ("ALC" or "Court") pursuant to Petitioners' Notice and Motion for Protective Order ("Motion") filed on September 28, 2010. Petitioners filed the Motion seeking a protective order to prohibit discovery and testimony inquiring into their associational activities, to include fund-raising activities, membership recruitment and organizing, member communications, attorney-client relations and bank records. Respondent Sloan Construction Company, Inc. ("Sloan") filed a Response in opposition to the Petitioners' Motion on October 2, 2010. After careful review, I find that the Petitioners' Motion should be denied. As noted by Sloan, the Motion filed by the Petitioners is very similar to a motion filed in another case that was pending in this. Court before Judge Deborah Brooks Durden (10-ALC-07-0352- CC). In fact, one of the Petitioners in this case, Ricky Pennington, was a Petitioner in the case before Judge Durden. The Petitioners' basis for the Motions is identical in both cases, and they cite the same cases to support their argument for a protective order. I find nothing in the instant case to distinguish it from the discovery dispute ruled upon in the case that was before Judge Durden. Essentially, the Petitioners. contend that allowing the proposed discovery would chill their freedom of association rights protected under the First Amendment to the United States Constitution. In support of their position, Petitioners cite Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612 (1976); NCAACP v. Alabama, 357 U.S. 449, 78 S.Ct. 1163 (1958); and Christ Covenant C it. owe 1-1111"=D OCT 08 2010 SC ADMIN. LAW COURT Southwest Ranches, No. 07-60516-CIV, 2008 WL 2686860 (S.D.Fia.). While there is a right to associational freedom that may limit discovery in certain actions, there is no right to complete protection against producing relevant information where, as here, there is a compelling reason for such production. See NAACP v. Alabama, 357 U.S. 449, 466 (1958). In Christ Covenant Church, the court permitted discovery of certain church membership information to the defendants on the basis that opposing parties must be provided with the information needed to defend themselves. Christ Covenant Church, 2008 WL 2686860 at 11. In both NAACP and Christ Covenant Church, the courts evaluated whether or not the entities were required to produce membership lists, and the entities presented evidence that revealing their membership rosters could subject the members to harassment and even violence. NAACP, 357 at 462-63; Christ Covenant Church, 2008 WL 2686860 at 7. In the instant case, Petitioners have already disclosed the names of Protect Blacksburg's members, and they do not face any harm from disclosure of their identities. Therefore, I find that Petitioners have failed to support their assertion that producing the evidence sought by Sloan will violate their right to freedom of association. IT IS THEREFORE ORDERED that Petitioners' Motion for Protective Order is DENIED. AND IT IS SO ORDERED. f D,-4,4 Q C. ROBI SON ive Law Judge October t ( , 2010 Columbia, South Carolina ?EJP7RCAT= ey S=RYA Thfs ?s :0:9•h'y ."it' n0 a r'®t6'?"i ? yes :"'S ? aie tiBte'CN :'•h? :a'.'..^99?G':a u^.:,,. dd g:';:^..a:^LII SCa,,.,OfraDos;: n;ya:aPYI'd?00}in the l;r.'aC 3-.8tk" wit :rsxda :31.', . r. Ins IVSO-ad'-- tra !S) : o r srcrrirffsj. tl,aif 5er+as 1 Th'sk-asy r;O By ?' ?1dtll ;.aw CWK STATE OF SOUTH CAROLINAt ADMINISTRATIVE LAW COURT Protect Blacksburg, Ricky Pennington, Gloria Bushko and George Bushko, Petitioners, Docket No.: 10-ALJ-07-0654-CC VS. South Carolina Department of Health and Environmental Control and Sloan Construction Company, Inc., Respondents. ORDER DENYING PETITIONERS' MOTION TO ALTER OR AMEND RULING ON PROTECTIVE ORDER This matter is before the South Carolina Administrative Law Court ("ALC" or "Court") pursuant to Petitioners' Notice and Motion to Alter or Amend Ruling on Protective Order ("Motion") which was received by the Court on October 21, 2010. In the Motion, Petitioners move the Court to reconsider the Order Denying Petitioners' Motion for Protective Order that was issued on October 8, 2010. Respondent Sloan objects to the Motion on the grounds that the Petitioners do not raise new arguments and merely present the same arguments that were already considered by the Court. After careful consideration of arguments from both parties, I find that the Petitioners' Motion should be denied. All of the issues raised by Petitioners in the Motion were considered prior to my issuing the Order denying the request for an order of protection, including consideration that Respondent Sloan seeks to discover information regarding the funding for this litigation. THEREFORE, IT IS HEREBY ORDERED that Petitioners' Motion to Alter or Amend Ruling on Protective Order is DENIED. AND IT IS SO ORDERED. ^Fa-F,CATG OF S_RV October 25, 2010 This,s tc cs't 'y ttiac!r.e aT'da:s g 7}t]?St?dt served :^15 =e' ^ Ira aoa+e er,' iiuo actin o? all t, Columbia, South Carolina P"`• estc' SJfl?seoyeeoos:: ^gecopyWOO in tre ,;rte ::s:as r?• oosMge C-5 C. _• r "ne ,--Aregewy Mdil Sen %4 a.C't-3ad ^'na e5', sy This By. ;udoe! Lew U-3N C- r IBINSON aw Judge FILED OCT 25 2010 SC ADMIN. LAW COURT 'The South Carolina Department of Health and Environmental Control did not file a response to the Petitioners' Motion. . ?1 1-4? COMMONWEALTH OF PENNSYLVANIA PROTECT BLAKSBURG, COUNTY OF CUMBERLAND RICKY PENNINGTON, GLORIA BUSHKO AND GEORGE BUSHKI, Fls&ItiB VS. SOUTH CAROLINA DEPARTMENT OF HEALTH. AL CONTROL AND SLOAN CONSTRUCTION CONPANY, 09hDdud INC. File No. 2010- SUBPOENA TO ATTEND AND TESTIFY TO: Sovereign Bank Records Custodian, 17 West High Street, Carlisle, PA 17013 1. You are ordered by the court to come to Manson Law OffUMS, 10 East High Strut (Specify Courtroom or other place) at Carlisle , Cumberland County, Pennsylvania, on : January 4, 2011 at : 9:00 o'clock. A. M.. to testify on behalf of Sloan Construction Company, Inc. in the above case, and to remain until excused. 2. And bring with you the following: See attached. 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: G-V B. Fdkr. Jr., ? Address: loud Ind sa es Ca Ns. M 17013 Telephone: 717-243.3341 Supreme Court ID # 49213 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) FAFILES\Clients\14173 Sloan Construction\14173.1.attachment ATTACHMENT TO SUBPOENA All documents concerning the source of funds for the following transfers from the Wolf & Wolf IOLTA account at Sovereign Bank, account number ******1088 (the "Account") to an account in the name of Ricky Pennington at The Palmetto Bank, account number ****0775, including but not limited to copies of checks deposited into the Account in the following amounts or to fund the following transfers: a. $3,400.00, check #2769, on May 21, 2010; b. $7,000.00 check #2807, on July 12, 2010; C. $2,500.00 check #2808, on August 2, 2010; d. $1,500.00 check#2583, on August 24, 2010; e. $6,045.15 wire transferred on August 24, 2010; and f. $5,715.00 wire transferred on September 15, 2010. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBLRLANn PROTECT BLAKSBURG, RICKY PENNINGTON, GLORIA BUSHKO AND GEORGE BUSHKI, yg? PWndff SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRON(ENTAL CONTROL AND SLOAN CONSTRUCTION COMPANY, INC. File No. 2010- SUBPOENA TO ATTEND AND TESTIFY TO: Nathan Wolf, Esquire, Wolf & Wol4 10 West High Street, Carlisle, PA 17013 1. You are ordered by the court to come to Martson Law Ofllem 10 East High Strut (Specify Courtroom or other place) at Carlisle , Cumberland County, Pennsylvania, on January 4, 2011 at : 9 oo o'clock A K. to testify on behalf of Stow Construction Company, Inc. in the above case, and to remain until excused. 2. And brine with you the following: See attached. 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 P&R.C.P.No.234.2(a): Name: der a. FdW. Jr., EwIre Address: to s.e Hye shoe C"" PA 17017 Telephone: 717-243-3341 Supreme Court ID # 4"13 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) F:\FU,ES\Clients\14173 Sloan Construction\14173.1.attachment ATTACHMENT TO SUBPOENA All documents concerning the source of funds for the following transfers from the Wolf & Wolf IOLTA account at Sovereign Bank, account number ******1088 (the "Account") to an account in the name of Ricky Pennington at The Palmetto Bank, account number ****0775, including but not limited to copies of checks deposited into the Account in the following amounts or to fund the following transfers: a. $3,400.00, check #2769, on May 21, 2010; b. $7,000.00 check #2807, on July 12, 2010; C. $2,500.00 check #2808, on August 2, 2010; d. $1,500.00 check#2583, on August 24, 2010; e. $6,045.15 wire transferred on August 24, 2010; and f. $5,715.00 wire transferred on September 15, 2010. F:\FILES\Clients\14173 Sloan Construction\14173.1.PRAE Created: 6/l/06 8:50AM Revised: 12/22/10 3:05PM Hubert X. Gilroy, Esquire George B. Faller, Jr., Esquire Katie J. Maxwell, Esquire I.D. 29943 I.D. 49813 I.D. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Protect Blacksburg, Ricky Pennington, Gloria and George Bushko, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. South Carolina Department of Health and Environmental Control and Sloan Construction Company, Inc. Defendant NO. 2010- CIVIL ACTION - LAW TO THE CUMBERLAND COUNTY PROTHONOTARY: Please enter the appearance of the firm of Martson Law Offices on behalf of Sloan Construction Company, Inc. in the above matter. Date: December , 2010 MARTSON LAW OFFICES By Gilroy, Esquire George B. Faller, Esquire Katie J. Maxwell, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ., F:\FILES\Clients\14173 Sloan Construction\14173.I.pra.2 Created: 6/1/06 8:50AM Revised: 12/29/10 1037AM Hubert X. Gilroy, Esquire FILED-OFFICE • . Ul K 't Q TM ? ;% ;rt I.D. No. 29943 G F .5 ?Q I 0 DEC" 2g 7 = eorge B. Faller, Jr., Esquire 1.; 1 ) I.D. No. 49813 PU BERj AND C Katie J. Maxwell, Esquire O(It41 v tt : EWYLVA?lr I.D. No. 206018 . MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Sloan Construction Company, Inc Protect Blacksburg, Ricky Pennington, Gloria and George Bushko, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. South Carolina Department of Health and Environmental Control, and Sloan Construction Company, Inc. Defendants NO. 2010 - 7853 CIVIL ACTION - LAW AMENDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please enter the appearance of MARTSON LAW OFFICES on behalf of Defendant Sloan Construction Company, Inc. in the above matter. MARTSON LAW OFFICES WWI By Hu ert X. G' oy, Esquire George B. aller, Esquire Katie J. Maxwell, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 29, 2010 Attorneys for Defendant Sloan Construction Company, Inc. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Amended Praecipe for Entry of Appearance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John Martin Foster, Esquire P.O. Box 106 Rock Hill, SC 29731 Roger Page Hall, Esquire Stephen P. Hightower, Esquire SCDHEC - Office of General Counsel 2600 Bull Street Columbia, SC 29201 MARTSON LAW OFFICES By: M Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: /? 41A F??\Clients\14173 Sloan Construction\14173. 1.0rder Created: 6/1/06 8:50AM Revised: 12/22110 3:15PM DEC 2 72010 Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Protect Blacksburg, Ricky Pennington, Gloria and George Bushko, Plaintiff V. South Carolina Department of Health and Environmental Control and Sloan Construction Company, Inc. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- g cM CIVIL ACTION - LAW c-? -J cn r-- -<> c.z ::?V= r:D , o "> C7 .?r -- µ Fri ORDER AND NOW this Y9, day of December, 2010, after consultation with counsel for Sloan Construction Company, Inc. with Attorney Nathan C. Wolf, it is ordered as follows: 1. The court shall conduct a conference in Chambers on Thursday, December 30, 2010, at 2:30 p.m. 2. Counsel is instructed to file appropriate memorandums addressing Attorney Wolf's claim with respect to "privilege" in connection with the subpoenas requested to be issued in conjunction with the Letter Rogatory filed in the above case. These memorandums shall be filed prior to the above conference. CC: ?Hubert X. Gilroy, Esquire Nathan C. Wolf, Esquire M ' ?o Ll? BY THE COURT, PROTECT BLACKSBURG, RICKY PENNINGTON, GLORIA AND GEORGE BUSHKO, Plaintiffs : vs. SOUTH CAROLINA DEPART- MENT OF HEALTH AND ENVIRONMENTAL CONTROL AND SLOAN CONSTRUCTION COMPANY, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 10-7853 CIVIL ? NO Y" . w C.- M ' rT l 'y f _. ? = rz; ORDER AND NOW, this 3 day of January, 2011, pursuant to Letters Rogatory issued by Administrative Law Judge Shirley C. Robinson in and for Columbia, South Carolina, and following argument on the matter of privilege, Nathan C. Wolf, Esquire, is directed to appear at a scheduled deposition for the purpose of disclosing the identity of the source of the deposit(s) referenced in said Letters and/or request a corporate designee of Sovereign Bank to do the same. Mr. Wolf, having indicated that he intends to assert the attorney/client privilege at any deposition and will decline to make the requested disclosure, he is adjudged in contempt. Sanctions in the matter are stayed pending the perfection of an appeal in this case. BY THE COURT, Kevin Nathan C. Wolf, Esquire Deponent George B. Faller, Esquire '/Hubert X. Gilroy, Esquire I'1I Katie J. Maxwell, Esquire I DA For the Defendant Sloan Construction Co., Inc. 1?d Hess, P. J. • , ! 9 1_ T't ., t 1!`'}.0 OFF` NATHAN C. WOLF, ESQUIRE WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 SUPREME COURT I.D. No. 87380 CONSTRUCTION COMPANY, INC. Defendants : ASSIGNED TO: HON. KEVIN A. HESS, P .J. PROTECT BLACKSBURG, : IN THE COURT OF COMMON PLEAS OF RICKY PENNINGTON, GLORIA : CUMBERLAND COUNTY, PENNSYLVANIA BUSHKO, AND GEORGE BUSHKO Plaintiffs v. : 2010- 7853 SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and SLOAN : CIVIL ACTION - LAW Notice is hereby given that Nathan C. Wolf, Esquire, respondent herein, hereby appeals to the Superior Court of Pennsylvania from the Trial Court's final Order of January 13, 2011 directing Respondent to appear at a deposition for the purpose of disclosing the identity of the source of the deposits referenced in the Letters Rogatory and finding Respondent in contempt of Court for declining to make the requested disclosure on basis that he has invoked the attorney-client privilege at the direction of his client. This Order has been entered in the docket as evidenced by the attached copy of 2011 JAN 18 P1 PENNSY° tVAki,II t; NOTICE OF APPEAL the docket entry. Respectfully submitted, WOLF & WOLF January -X, 2011 Bye. off, Esq uire a Court ID # 87380 st High Street ri?e Carlisle, PA 17013 (717) 241-4436 C ? -3679 b% • 1 .0It NATHAN C. WOLF, ESQUIRE WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 SUPREME COURT I.D. No. 87380 PROTECT BLACKSBURG, : IN THE COURT OF COMMON PLEAS OF RICKY PENNINGTON, GLORIA : CUMBERLAND COUNTY, PENNSYLVANIA BUSHKO, AND GEORGE BUSHKO Plaintiffs v. : 2010- 7853 SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, and SLOAN : CIVIL ACTION - LAW CONSTRUCTION COMPANY, INC. Defendants : ASSIGNED TO: HON. KEVIN A. HESS, P .J. STATEMENT OF COUNSEL CONCERNING STATUS OF TRANSCRIPT Respondent Counsel hereby certifies that the complete transcript of proceedings held January 7, 2011 was lodged of record in its entirety as of January 12, 2011. This statement is made pursuant to Pa. R.A.P. 904(c). Respectfully submitted, WOLF & WOLF January '14, 2011 By: yaan off, Esquire Court ID # 87380 st High Street Carlisle, PA 17013 (717) 241-4436 PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2010-07853 PROTECT BLACKSBURG ET AL (vs) SOUTH CAROLINA DEPARTMENT ETAL Reference No... Filed......... 12/22/2010 Case Type...... PETITION Time. ... D i 3.38 Judgment..... .00 on ate Execut 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. i 0/00/0000 ------------ Case Comments -- ----------- gher Crt 1.: H Higher Crt 2.. ******************************************************************** ************ General Index Attorney Info PROTECT BLACKSBURG PETITIONER PENNINGTON RICKY PETITIONER BUSHKO GLORIA PETITIONER BUSHKO GEORGE PETITIONER SOUTH CAROLINA DEPT OF HEALTH RESPONDENT AND ENVIRONMENTAL CONTROL SLOAN CONSTRUCTION COMPANY INC RESPONDENT FALLER GEORGE B JR GILROY HUBERT X MAXWELL KATIE J ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 12/22/2010 PETITION FOR LETTER ROGATORY - BY HUBERT X GILROY ATTY FOR PLFF ------------------------------------------------------------------- 12/29/2010 AMENDED PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFT SLOAN CONSTRUCTION COMPANY INC - BY KATIE J MAXWELL ESQ -------------//-----------------------------------------------------IN RE: 12/30/2010 ORDERPJ 12/29/10 MAILED 12/30/00 FOR LETTERS ROGATORY - BY KEVIN A HESS - COPIES ------------------------------------------------------------------- 1/12/2011 TRANSCRIPT OF PROCEEDINGS BEFORE JUDGE HESS ON JANUARY 7 2011 ------------------------------------------------------------------- 1/14/2011 ORDER - 1/13 11 IN RE: PETITION FOR LETTERS ROGATORY - BY KEVIN A HESS-PJ _ CO-IES-MAILED 1/14/11ST - - - - - - - - - - - - - - LA ENTRY ******************************************************************************** * Escrow Information * Fees & Debits Beq*Bal***Py*mts/Adl End Bal ******************************** **** ****** ******************************* PETITION 55.00 55.00 .00 TAX ON PETITION .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 23.50 23.50 .00 SUBPOENA 3.00 3.00 .00 SUBPOENA 3.00 3.00 .00 APPEAL HIGH CT 48.00 48.00 .00 -------------- 146.00 ---------- --- 146.00 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD M Testimony whereat. i Hero uric me my twM and the Val of s*W?.Co``u?rt''a''tC?.r?sis, F'a. This ?._? a?? NATHAN C. WOLF, ESQUIRE WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 SUPREME COURT I.D. No. 87380 PROTECT BLACKSBURG, : IN THE COURT OF COMMON PLEAS OF RICKY PENNINGTON, GLORIA : CUMBERLAND COUNTY, PENNSYLVANIA BUSHKO, AND GEORGE BUSHKO Plaintiffs v. : 2010- 7853 SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, and SLOAN : CIVIL ACTION - LAW CONSTRUCTION COMPANY, INC. Defendants : ASSIGNED TO: HON. KEVIN A. HESS, P.J. CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the within Notice of Appeal was served upon the following individuals, in the manner indicated, addressed as follows: Via Hand Delivery: Honorable Kevin A. Hess Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013 George B. Faller, Jr., Esquire Court Administrator Martson Law Office One Courthouse Square 10 East High Street Carlisle, PA 17013 Carlisle, PA 17013 WOLF & LF Dated: January, 2011 By: Na C. Wolf, Esquire PROTECT BLACKSBURG : IN THE COURT OF COMMON PLEAS OF RICKY PENNINGTON, GLORIA : CUMBERLAND COUNTY, PENNSYLVANIA BUSHKO, AND GEORGE BUSHKO Plaintiffs v. : 2010- 7853 SOUTH CAROLINA DEPARTMENT ? OF HEALTH AND ENVIRONMENTAL CONTROL, and SLOAN : CIVIL ACTION - LAW t CONSTRUCTION COMPANY, INC. Defendants : ASSIGNED TO: Z> } .3 HON. KEVIN A. HESS, P j. n ORDER OF COURT AND NOW this Zs day of dk..o A" , 2011, upon consideration of the request made by the Respondent, Nathan C. Wolf, Esquire, and noting the concurrence of Counsel for Petitioner Sloan, the request to redact the documents filed of record is hereby granted and the Prothonotary is directed to redact any date of birth, social security number, or bank account number excepting the last four digits which appear in any document filed with the Court on this docket, and in the electronic version of the same available through its public records portal. BY THE COURT: A. HESS, P.J. stribution: Nathan C. Wolf, Esquire Respondent /George B. Faller, Esquire For the Petitioner Sloan C-0 L E.T ry? i l£G[ .i J ,1 'D rn %r_ c: Cam, 1 T i PROTECT BLACKSBURG, RICKY PENNINGTON, GLORIA AND GEORGE BUSHKO, Plaintiffs VS. SOUTH CAROLINA DEPART- MENT OF HEALTH AND ENVIRONMENTAL CONTROL AND SLOAN CONSTRUCTION COMPANY, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7853 CIVIL IN RE: OPINION PURSUANT TO RULE 1925 BEFORE HESS, P.J. In this civil case, Nathan C. Wolf, Esquire, was directed to appear at a scheduled deposition for the purpose of disclosing the identity of the source of certain deposit(s) referenced in Letters Rogatory received by us from the Honorable Shirley C. Robinson, an Administrative Law Judge in South Carolina, and/or requesting a corporate designee of Sovereign Bank to do the same. (Order of Court, Jan. 13, 2011). Mr. Wolf, having indicated that he intended to assert the attorney/client privilege at any deposition and would thereby be refusing to make the requested disclosure, was adjudged in contempt. (Order of Court, Jan. 13, 2011). Thereafter, Mr. Wolf filed a notice of appeal to the Pennsylvania Superior Court on January 18, 2011. (Notice of Appeal, filed Jan. 18, 2011). The basis for the appeal may be summarized as follows: Whether the January 13, 2011 Order of Court, directing Mr. Wolf to appear for a scheduled deposition for the purpose of disclosing the identity of the source of the deposit(s) and/or requesting a corporate designee of Sovereign Bank to do the same, and thereafter adjudging him in contempt, was in error as a result of the attorney/client privilege claimed by Mr. Wolf? I 1 This opinion in support of the January 13, 2011, Order of Court is written pursuant to Pennsylvania Rule of Appellate Procedure 1925(a). The facts of this case may be summarized as follows. A lawsuit was initiated in South Carolina wherein Plaintiffs sought to reverse a decision from the South Carolina Department of Health and Environmental Control approving permits for a quarry to be operated and developed by Defendant Sloan Construction Company, Inc. (hereinafter "Sloan"). Plaintiffs are members of a citizen's group called "Protect Blacksburg" who reside adjacent to the quarry site. Plaintiffs have opposed the issuance of the permits claiming that, as a result of the permits, they will be exposed to potential injury in the form of lost property values and the quiet enjoyment of their property. In the South Carolina litigation, Sloan sought to discover the source of Plaintiffs' finances for the litigation, believing that Plaintiffs may actually be receiving funding from a Sloan competitor. The Administrative Law Judge in South Carolina determined that the information sought by Sloan was both relevant and discoverable; as a result, that court issued orders which were used to obtain financial records from Plaintiffs. Plaintiffs' financial records indicated that the group was, in large part, being funded by checks written from the IOLTA account of Wolf & Wolf, a Carlisle, Pennsylvania law firm, and signed by Nathan C. Wolf, Esquire. The total amount received by Protect Blacksburg from Attorney Wolf's Sovereign Bank IOLTA account was $26,160.15. Because Sloan was still unable to determine the source of the funding, Sloan filed a Motion to take Document Depositions outside the State of South Carolina which requested that the Administrative Law Court issue Letters Rogatory to the Commonwealth of Pennsylvania. The motion requested that the Letters Rogatory seek the 2 issuance of a subpoena requiring the deposition of Attorney Wolf and/or a corporate representative of the bank for the purpose of producing documents which would identify the source of the funds sent to Plaintiffs. The South Carolina court granted the Motion and issued Letters Rogatory on December 20, 2010, which were thereafter filed with the Cumberland County Prothonotary on December 22, 2010. Upon receiving the Letters Rogatory, local counsel for Sloan notified both Attorney Wolf and the undersigned, and a conference was held in chambers. At that time, Attorney Wolf indicated that he would invoke the attorney-client privilege concerning the request for his client's name, and he claimed that he could not produce the documents requested in the subpoena as a result. Following the conference, briefs were requested from the parties and argument was conducted on the record. Subsequently, we issued the following order: AND NOW, this 13`h day of January, 2011, pursuant to Letters Rogatory issued by Administrative Law Judge Shirley C. Robinson in and for Columbia, South Carolina, and following argument on the matter of privilege, Nathan C Wolf, Esquire, is directed to appear at a scheduled deposition for the purpose of disclosing the identity of the source of the deposit(s) referenced in said Letters and/or request a corporate designee of Sovereign Bank to do the same. Mr. Wolf, having indicated that he intends to assert the attorney/client privilege at any deposition and will decline to make the requested disclosure, he is adjudged in contempt. Sanctions in the matter are stayed pending the perfection of an appeal in this case. (Order of Court, Jan. 13, 2011). Initially, we note that because the South Carolina court has already determined that the information being sought by Defendants is both relevant and discoverable, the full faith and credit clause of the United States Constitution precludes this court from engaging anew in an examination of its relevancy and discoverability. U.S. Const. Art. IV, § 1. "[F]ull faith and 3 credit typically requires that a state give a judgment the same res judicata effect the judgment would have been afforded in the state which it was rendered." Wilkes ex rel. Mason v. Phoenix Home Life Mutual Ins. Co., 587 Pa. 590, 902 A.2d 366, 375-76 (2006), cent denied, Wilkes v. Phoenix Home Life Mut. Ins. Co., 549 U.S. 1054, 127 S.Ct. 688 (2006). The attorney-client privilege has long been rooted in the administration of justice; it being inherently essential to the sound administration of justice that client and advocate be allowed to fully and freely communicate, the privilege is founded in the need for the advocate to possess all reasons the client may have for seeking representation. Beltzhoover v. Blackstock, 3 Watts 20, 1834 WL 3292 (Pa. 1834); Upjohn Co. v. United States, 449 U.S. 383, 101 S.Ct. 677, 66 L.Ed.2d 584 (1981). The Pennsylvania Supreme Court has held the intended beneficiary of the privilege not to be the individual client, but rather the "sound administration of justice which depends on frank and open client-attorney communication." In Re Investigating Grand Jury of Philadelphia Co., 527 Pa. 432, 440, 593 A.2d 402, 406 (1991). As a result, the attorney-client privilege "exists only to aid in the administration of justice, and when it is shown that the interest of justice can only be frustrated by the exercise of the privilege, the court may require the communication to be disclosed." Brennan v. Brennan, 281 Pa. Super. 362, 422 A.2d 510 (1980). In Pennsylvania, the attorney-client privilege is codified in statutory law at 42 Pa. C.S.A. § 5928. The statute provides that, "In a civil matter counsel shall not be competent or permitted to testify to confidential communications made to him by his client, nor shall the client be compelled to disclose the same, unless in either case this privilege is waived upon the trial by the client." 42 Pa. C.S.A. § 5928. While the privilege is statutorily mandated, it has certain requirements which must be satisfied in order to trigger its protections. "First and foremost is the 4 rule that the privilege applies only to confidential communications made by the client to the attorney in connection with providing legal services." Gocial v. Independence Blue Cross, 2003 Pa. Super. 242, ¶ 21, 827 A.2d 1216, 1222 (citing Slater v. Rimar, Inc., 462 Pa. 138, 148, 338 A.2d 584, 589 (1975); Commonwealth v. Wont, 730 A.2d 970, 977 (Pa. Super. 1999), appeal denied, 561 Pa. 669, 749 A.2d 466 (2000)).1 It is clear, therefore, that for the privilege to become applicable there must be a confidential communication, between attorney and client, made in connection with the providing of legal services. Wont, 730 A.2d at 977. The question of whether the attorney-client privilege protects a particular communication from disclosure is a question of law to be decided by the court. Nationwide Mutual Ins. Co. v. Fleming, 2007 Pa. Super. 145, ¶ 16, 924 A.2d 1259, 1265 (citing In re Estate of Wood, 2003 Pa. Super. 72, ¶ 8, 818 A.2d 568, 571. Much has been written regarding the distinction between a communication from a client to an attorney and a communication from an attorney to a client. It is well-settled that communications which flow from a client to an attorney are protected. See Nationwide Mutual Ins. Co., 2007 Pa. Super. 145, ¶ 12. Indeed, the title of § 5928 reads "Confidential communications to attorney." 42 Pa. C.S.A. §5928 (emphasis added). It has also been held, however, that communications which flow from an attorney to a client will also be protected "to the extent the communications are based upon confidential facts that the client [F]our elements must be satisfied in order to successfully invoke the protections of attorney-client privilege: 1) The asserted holder of the privilege is or sought to become a client. 2) The person to whom the communication was made is a member of the bar of a court, or his subordinate. 3) The communication relates to a fact of which the attorney was informed by his client, without the presence of strangers, for the purpose of securing either an opinion of law, legal services or assistance in a legal matter, and not for the purpose of committing a crime or tort. 4) The privilege has been claimed and is not waived by the client. Carbis Walker, LLP v. Hill, Barth and King, LLC, 2007 Pa. Super. 221, ¶ 10, 930 A.2d 573, 579 (citing Nationwide Mutual Ins. Co. v. Fleming, 2007 PA Super 145, 19, 924 A.2d 1259(internal quotation marks and citations omitted)). 5 disclosed initially to the attorney." Slusaw v. Hoffman, 2004 Pa. Super. 354, ¶ 12, 861 A.2d 269, 273. In either event, however, there is no dispute regarding the nature of those communications; they must be "confidential" and "made in connection with the providing of legal services or advice." Nationwide Mutual Ins. Co., 2007 Pa. Super. 145, ¶ 12. After review, no Pennsylvania case appears to specifically address the issue sub judice. It is clear, however, that a communication made from a client to an attorney must be confidential. Standing on its own, it is also clear that a "confidential communication," by definition, is one which must be made in confidence between the client to the attorney, and the confidence is the reasonable belief that the attorney will not thereafter disclose the information to a third party, or otherwise transmit that information other than in furtherance of that client's interest. The definition of "confidential communication" is, therefore, extremely broad. It does not follow, however, that the definition is all-inclusive. Because Pennsylvania courts do not typically favor evidentiary privileges, as they are in derogation of the search for the truth, our courts have held that, in general, in order to justify such a privilege, the confidentiality of the communication is one which should also be "essential to the full and satisfactory maintenance of the relationship which seeks to assert that privilege. See Matter ofAdoption ofEmbick, 351 Pa.Super. 491, 502, 506 A.2d 445, 461 (1986) (upholding a lower court's decision to permit a psychologist to testify despite the psychologist-client privilege statute).2 With regards to a client's identity, it cannot be said that confidentiality of a client's name, and only his name, is "essential to the full and satisfactory maintenance of the attorney-client relationship. The name or identity of a client is not a communication to an 2 It should be noted that the range of applicability of Pennsylvania's psychologist-client privilege has been defined as being the same as the attorney-client privilege. 42 Pa.C.S. § 5944. 6 attorney which a person could reasonably expect to be protected from disclosure. Indeed, a client comes to an attorney in order for that attorney to act as an advocate on his behalf, and, furthermore, as one who is to speak for the client. Black's Law Dictionary defines "advocate" as "[a] person who assists, defends, pleads, or prosecutes for another" and also as "[a] person who is trained in both canon and secular law and can (1) appear in an ecclesiastical or admiralty court on another's behalf...." BLACK'S LAw DICTIONARY (9th ed. 2009) (emphasis added). It flows from the definition that one who is to act on another's behalf must, when called on to do so, identify himself and acknowledge the person for whom he speaks. It cannot realistically be believed that an attorney, who is to speak for someone else, is able to refuse to disclose the name of his client because the attorney considers the client's identity to be a "confidential communication" within the meaning of the attorney-client privilege. In other words, the name of a client, while, in a sense, a communication, is not one which would fall within the general realm of a confidential communication protected by the attorney-client relationship. It can even be argued that the "sound administration of justice" is frustrated by an attorney's refusal to identify his client. The attorney-client privilege ought not to act as a shield to prevent disclosure of the identity of a client when an attorney is called upon by the court to do so. A client's identity is also not protected by the attorney-client privilege for the additional reason that the identity alone is not a confidential communication "made in connection with the providing of legal services or advice." Nationwide Mutual Ins. Co., 2007 Pa. Super. 145, ¶ 12 (emphasis added). Just as not every communication between a client and an attorney is confidential, neither is every communication between a client and an attorney made in 7 connection with the provision of legal services or advice. The privilege only applies if a communication is made for the purpose of securing either legal services or an opinion of law. That is to say, the privilege "only applies where the client's ultimate goal is legal advice." National Railroad Passenger Corp. v. Fowler, 788 A.2d 1053 (Pa. Commw. Ct. 2001). In the context of the case sub judice, Attorney Wolf accepted money into his IOLTA account, not for the purpose of giving legal advice to his unidentified client, but rather, simply to shield the identity of a "client" in order that the client remain unknown in the South Carolina litigation. In Slusaw v. Hoffman, supra, the Superior Court held that the trial court had not abused its discretion by denying a motion to quash subpoenas which sought to elicit testimony regarding the attorneys' work as guardian ad litem. Slusaw, 2004 Pa. Super. 354, ¶¶ 9-10. That court held that the attorney-client privilege could not be claimed to prohibit the production of invoices received by a client from his attorneys. Slusaw, 2004 Pa. Super. 354, IT 11-13. The court found that "[t]he subpoenaed invoices are not privileged documents to the extent that they do not disclose confidential communications which Slusaw disclosed to Attorneys Wallitsch and Reich." Id. at ¶ 13. In Marian Bank v. Lawrence Voluck Associates, Inc., Marian Bank obtained a judgment against the defendant and thereafter filed writs of execution and interrogatories in attachment against defendant's attorney. Marian Bank v. Lawrence Voluck Associates, Inc., 26 Pa.D. & C.3d 48 (1982). The defendant's attorney claimed that he could not answer the interrogatories because of the attorney-client privilege. The court held that it was "well-established" that an attorney may be "examined as to the existence of the relationship of the attorney and client." 8 Marian Bank, 26 Pa D. & C. 3d at 52 (citing Sargent v. Johns, 206 Pa. 386 (1903), 8 Wigmore §2313). The court also found the following: It is of the very essence of the attorney-client privilege that it be limited to those communications which the client either expressly made confidential or which the client could reasonably assume under the circumstances would be understood by the attorney to be confidential: McCormick §91; 8 Wigmore § 2311 ("the privilege assumes, of course, that the communications are made with the intention of confidentiality.") The mere relationship does not raise a presumption of confidentiality, and in order to be privileged, the circumstances must indicate that the communication was of a sort intended to be confidential. Id. It is clear, therefore, that the mere acknowledgement and identification of the existence of an attorney-client relationship is not one which lends itself to the protection of the privilege. The Third Circuit has also held as much. In Maulch v. Commissioner of Internal Revenue, infra, the Third Circuit Court of Appeals held that the court has the right to know that the "client whose secret is treasured is actual flesh and blood, and demand his identification, for the purpose, at least, of testing the statement which has been made by the attorney who places before him the shield of this privilege." Maulch v. Commissioner of Internal Revenue, 113 F.2d 555, 557 (3d Cir. 1940) (quoting Tomlinson v. United States, 68 App.D.C. 106, 93 F.2d 652, 655). While this case is not binding on this court with regard to the attorney-client privilege, we conclude that requesting the identity of a client is an entirely reasonable right of a court. Accordingly, we continue to be satisfied that our Order of Court, dated January 13, 2011, directing Attorney Wolf to appear at a scheduled deposition for the purpose of disclosing the identity of the source of certain deposit(s) referenced in Letters Rogatory received by us from the Honorable Shirley C. Robinson, an Administrative Law Judge in South Carolina, and/or 9 requesting a corporate designee of Sovereign Bank to do the same, was properly entered. March 1 s , 2011 ? John Martin Foster, Esquire For the Plaintiffs :/ Roger Page Hall, Esquire Stephen P. Hightower, Esquire For SCDHEC ? George B. Faller, Esquire = == -°~~ Hubert X. Gilroy, Esquire Katie J. Maxwell, Esquire -1M For the Defendant Sloan Construction Nathan C. Wolf, Esquire Am OOP ? fS /k a hn9t 31) ? 11 ?l 10 PROTECT BLACKSBURG, RICKY PENNINGTON, GLORIA AND GEORGE BUSHKO, Plaintiffs VS. SOUTH CAROLINA DEPART- MENT OF HEALTH AND ENVIRONMENTAL CONTROL AND SLOAN CONSTRUCTION COMPANY, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO., 0 &7§3 -CIVIL lD- 75:3 ?;v? 1 ORDER AND NOW, this 'n+' day of January, 2011, pursuant to Letters Rogatory issued by Administrative Law Judge Shirley C. Robinson in and for Columbia, South. Carolina, and following argument on the matter of privilege, Nathan C. Wolf, Esquire, is directed to appear at a scheduled deposition for the purpose of disclosing the identity of the source of the deposit(s) referenced in said Letters and/or request a corporate designee of Sovereign Bank to do the same. BY THE COURT, - AA A. Hess, P. J. Nathan. C. Wolf, Esquire Deponent George B. Faller, Esquire Hubert X. Gilroy, Esquire Katie J. Maxwell, Esquire For the Defendant Sloan Construction. Co., Inc. :rlm CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Protect Blacksburg, Ricky Pennington, Gloria and George Bushko Vs. South Carolina Department of Health and Environmental Control and Sloan Construction Company, Inc. 2010-7853 Civil 108 MDA 2011 The documents comprising the record have been numbered from No.l to 79 and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 3/14/2011 D e , Protho otary Re ' ebo, Deputy An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Commonwealth of Pennsylvania County of Cumberland ss: 1, David D. Buell , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein Protect Blacksburg, et. al. Plaintiff, and South Carolina Department of Health and Environmental Control et. al. In TESTIMONY WHEREOF, 1 have hereunto this 14 Defendant, as the same remains of record before the said Court at No. 2010-7853 of Civil Term. set my hand and affixed the seal of said Court day of }March A. D., 2011 Prothonotary 1, Kevin A. Hess President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that David D. Buell , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland . in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature a elsewhere, and that the said record, certificate and attestation are in due form of law and made byXeroper officey/' President Judge Commonwealth of Pennsylvania County of Cumberland ss: 1. David D. Buell , Prothonotary bf the Court of Common Pleas in and for the said County, do certify that the Honorable Kevin A. Hess by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, 1 have hereunto set m nd and affixed the seal of said Court this 14 y of M ch A. D. 2011 Prothonotary No. Term 19 N0 2010-7853 Civil Term 108 MDA 2011 Protect Blacksburg, Ricky Pennington, Gloria and George Bushko Versus South Carolina Department of Health and Environmental Control and Sloan Construction Company, Inc. EXEMPLIFIED RECORD Cumberland From County Debt, $ i nt. from Costs Entered and Filed Prothonotary. Among the Records and Proceedings enrolled in the court of Common Pleas in and for the Cumberland county in the Commonwealth of' Pennsylvania 2010-7853 to No. 108 MDA 2011 Term. 19 is contained the following: COPY OF Appearance DOCKET ENTRY Protect Blacksburg, Ricky Pennington, Gloria and George Bushko vs. South Carolina Department of Health and Environmental Control and Sloan Construction Company, Inc. **SEE CERTIFIED COPY OF DOCKET ENTERIES** L. ILLLUJC t 1. d1 1U l.-U U11 L-y t- 1j U_'V '., d_! V ' 111 U-.-1U-- Civil Case Print ` rd.ye 1 2010-07853 PROTECT BLACKSBURG ET AL (vs SCUTH CAROLINA DEPARTMENT ETAL Reference No..: Filed........: 12/22/2010 Case Type...... PETITION J d Time. 3.38 u gment..... Judge Assigned: .00 Execution Date 0/00/0000 Disposed Desc.: ------------ Case Comments -- -------- Jury Trial.... Disposed Date. 0/00/0000 --- Higher Crt 1.: 108 MDA 2011 Higher Crt 2.: General Index Attorney Info PROTECT BLACKSBURG PETITIONER PENNINGTON RICKY PETITIONER BUSHKO GLORIA PETITIONER BUSHKO GEORGE PETITIONER SOUTH CAROLINA DEPT OF HEALTH RESPONDENT AND ENVIRONMENTAL CONTROL SLOAN CONSTRUCTION COMPANY INC RESPONDENT FALLER GEORGE B JR GILROY HUBERT X MAXWELL KATIE J ******************************************************************************** * Date Entries ******************************************************************************** 1- 32 12/22/2010 33- 3 y 12/29/2010 1 12/30/2010 ?S- 1/04/2011 36-51 1/12/2011 6-1 1/14/2011 I 6,o-63 1/18/2011 &4 1/25/2011 1/27/2011 7g 3/01/2011 3/14/2011 FIRST ENTRY - - PETITION FOR LETTER ROGATORY - BY HUBERT X GILROY ATTY FOR PLFF ------------------------------------------------------------------- AMENDED PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFT SLOAN CONSTRUCTION COMPANY INC - BY KATIE J MAXWELL ESQ ------------------------------------------------------------------- ORDER - 12/29/10 IN RE: PETITION FOR LETTERS ROGATORY - BY KEVIN A HESS PJ - COPIES MAILED 12/30/10 ------------------------------------------------------------------- ORDER - DATED JANUARY 4, 2011 - PURSUANT TO LETTERS ROGATORY :ISSUED BY ADMINISTRATIVE LAW JUDGE SHIRLEY C ROBINSON IN AND FOR COLUMBIA SOUTH CAROLINA AND FOLLOWING ARGUMENT ON THE MATTER OF PRIVILEGE NATHAN C WOLF ESQ IS DIRECTED TO APPEAR AT A SCHEDULED DEPOSITION THE REFERENCED DISCLOSING IN N SAID E LETTERS IDENTITY AND/OR THE REQUEST A CORPORATE DESIGNEE OF SOVEREIGN BANK TO DO THE SAME BY THE COURT KEVIN A HESS P J •------------------------------------------------------------------- TRANSCRIPT OF PROCEEDINGS BEFORE JUDGE HESS ON JANUARY 7 2011 ------------------------------------------------------ ORDER - 1/13/11 IN RE: PETITION FOR LETTERS ROGATORY - BY KEVIN A HESS PJ - COPIES MAILED 1/14/11 ------------------------------------------------------------------ NOTICE OF APPEAL TO SUPERIOR COURT - BY NATHAN C WOLF ATTY RESPONDENT -•-------------------------------------------------------- ORDER OF COURT - DATED 1/25/11 - UPON CONSIDERATION OF THE REQUEST MADE BY THE RESPONDENT NATHAN C WOLF ESQ AND NOTING THE CONCURRENCE OF COUNSEL FOR PETITIONER SLOAN THE REQUEST TO REDACT THE DOCUMENTS FILED OF RECORD IS HEREBY GRANTED AND THE PROTHONOTARY IS DIRECTED TO REDACT ANY DATE OF BIRTH - SOCIAL SECURITY NUMBER - OR BANK ACCOUNT NUMBER EXCEPTING THE LAST FOUR DIGITS WHICH APPEAR IN ANY DOCUMENT FILED WITH THE COURT ON THIS DOCKET AND IN THE ELECTRONIC VERSION OF THE SAME AVAILABLE THROUGH ITS PUBLIC RECORDS PORTAL - BY THE COURT KEVIN A HESS PJ - COPIES MAILED 1/25/11 ---------------------------------------------- --------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO #108 MDA 2011 -------------------------------------- ----------------------------- OPINION PURSUANT TO RULE 1925 - 3/1/11 - BY KEVIN A HESS PJ - COPIES MAILED 3/1/11 ------------------------------------------------------------------- NOTICE OF DOCKET ENTRIES ROGER HUBERT .- `- J -' -- -- ?-u.i«;e _id.Ilu uuuriLy .: ocr o ovary s uz--ice Civil Case Print rage 2010-07853 PROTECT BLACKSBURG ET AL ;vs) SOUTH CAROLINA DEPARTMENT ETAL Reference No..: Filed........: 12/22/2010 Case Type ...PETITION Time........ 3:38 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higggher Crt 1.: 108 MDA 2011 HALL ESQ STEPHEN P HIGHTOWER ESQ NATHAN CHWOLFrESQt 2 7 ( LXf?1(61'?S - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq*Bal***Pmts/Ad? End Bal ******************************** **** ****** ******************************* PETITION 55.00 55.00 00 TAX ON PETITION .50 .50 . 00 SETTLEMENT 8.00 8.00 . 00 AUTOMATION FEE 5.00 5.00 . 00 JCP FEE 23.50 23.50 . 00 SUBPOENA 3.00 3.00 . 00 SUBPOENA 3.00 3.00 . 00 APPEAL HIGH CT 48.00 -------------- 48.00 -- . .00 146.00 -------- --- 146.00 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD M Testimony whereof, I here unto set my hand SW ft sesi of said Court at Carlble, Pa. Ibis ?dW 20 // (Prothonotary CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Protect Blacksburg, Ricky Pennington, Gloria and George Bushko Vs. South Carolina Department of Health and Environmental Control and Sloan Construction Company, Inc. 2010-7853 Civil 108 MDA 2011 The documents comprising the record have been numbered from No.1 to 79 and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate C,6'/'rt is 3/14/2011 D. An additional copy of this certificate is enclosed Please shin and date cony, thereby acknowledzine receipt of this record. Received in Superior Court Date Signature & Title MAR 1 4 2011 MIDDLE Irene M. Bizzoso, Esq. Prothonotary Elizabeth E. Zisk Chief Clerk Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Middle District March 14, 2012 601 Commonwealth Avenue, Suite 4500 P.O. Box 62575 Harrisburg, PA 17106 (717) 787-6181 www.pacourts.us RE: Protect Blacksburg, Ricky Pennington, Gloria Bushko, and George Bushko V. South Carolina Department of Health and Environmental Control, and Sloan Constructior Co., Inc. Petition of: Sloan Construction Company, Inc. c, r. .. No. 84 MAL 2012 -OZ Consolidated Cases: Trial Court Docket No: 2010-7853 -?. ?--. cn c o . Superior Docket Number: 108 MDA 2011 Appeal Docket No: Date Petition for Allowance of Appeal Filed: February 1, 2012 Disposition: Withdrawn Disposition Date: March 14, 2012 Reargument/Reconsideration Disposition: Reargument/Reconsideration Disposition Date: /esh Joseph D. Seletyn, Esq. Prothonotary Jennifer Traxler, Esq. Deputy Prothonotary 'uperior Court of Vettttopthania Middle District Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 www.pacourts.us/courts/superior-court CERTIFICATE OF REMITTAL/REMAND OF RECORD TO: David D. Buell Prothonotary RE: Protect Blacksburg v. Sloan Const 108 MDA 2011 Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 2010-7853 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Original Record contents: Item Filed Date Description Part w/envelope exhibits RemandlRemittal Date: 06/11/2014 March 14, 2011 1 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Respectfully, 01444--7;;Actei--- Jennifer Traxler, Esq. Deputy Prothonotary /alv Enclosure cc: George Byron Faller Jr., Esq. The Honorable Kevin A. Hess, President Judge Nathan Charles Wolf, Esq. cn c- l t, J -A27045-11 PROTECT BLACKSBURG, RICKY PENNINGTON, GLORIA BUSHKO, and GEORGE BUSHKO, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, and SLOAN CONSTRUCTION CO., INC., IN THE SUPERIOR COURT OF PENNSYLVANIA APPEAL OF: NATHAN C. WOLF, ESQUIRE No. 108 MDA 2011 Appeal from the Order entered January 13, 2011 in the Court of Common Pleas of Cumberland County Civil Division at No: 2010-7853 ORDER AND NOW, this 12th day of December, 2011, upon consideration of Appellant's Motion to Dismiss Appeal for Mootness Pursuant to Pa.R.A.P. 1972(a)(4), the same is hereby granted. Accordingly, the instant appeal is dismissed. Jurisdiction relinquished. PER CURIAM TRUE COPY FROM RECORD Attest: JUN 112014 c_. c.n Deputy Prothonotary Superior Court of PA - Miiils Disttict