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COMMONWEALTH OF PENNSYLVANIA : :2:
COUNTY OF CUMBERLAND `. co
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ANDRE CARSTARPHEN, * r -"
* Mobile County, AL
Plaintiff E Ml
,
* CIVIL ACTION NO.
VS CV-2009-902`31 1
.
*
CAPITAL TRAILWAYS, et al.,
Defendants.
PETITION FOR LETTER ROGATORY
Defendants, Colonial Trailways and Thaddeus Green, Petitioners, by the
undersigned counsel, hereby respectfully request this Court to issue the attached,
tendered Order allowing Alabama counsel for the Petitioners to subpoena records of Rite
Aid Pharmacy, which corporation regularly transacts its business within the jurisdiction
of this Court, and to effect service of a Non-Party Subpoena thereon. In support thereof,
Petitioners state:
1. There is currently pending in Mobile County, Alabama, a civil suit filed
by Andre Carstarphen, against, among others, Colonial Trailways and Thaddeus Green.
2. At issue in this proceeding is proof of liability and the amount of damages.
3. Rite Aid Pharmacy possesses knowledge or documents which are
pertinent to this case. Rite Aid Pharmacy's address is 30 Hunter Lane, Camp Hill, PA
17011.
4. Counsel for Plaintiff and the Co-defendants have been notified by a Notice
of Intent to Serve Subpoena on Non-Party, served December 21, 2010, and filed no
objection.
6. Judge James C. Wood, Circuit Judge for Mobile County, Alabama and the
Judge before where the case is pending, has issued a Letter Rogatory (attached as Exhibit
Pd,
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A) requesting the assistance of the Court of Cumberland County, Pennsylvania in the
issuance of the subpoena.
WHEREFORE, the undersigned prays that this Court enter the attached Order
directing the Prothonotary to issue the attached Non-Party Subpoena as requested by
Alabama counsel for Petitioners, for service upon Rite Aid Pharmacy.
WILLIAM C. ROEDDER, JR. (ROE005)
broedderkmcdowellknight.co
JONATHAN M. LIEB (LIE004)
jlieb ,mcdowellkni hg_t.com
Attorneys for Defendants Capital Trailways
and Thaddeus Green
OF COUNSEL:
McDOWELL KNIGHT ROEDDER
& SLEDGE, L.L.C.
Post Office Box 350
Mobile, Alabama 36601
Phone: 251-432-5300
Fax: 251-432-5303
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing pleading has been served
upon all parties by placing same in the United States mail, properly addressed and
postage prepaid, and/or via the Court's electronic filing system.
Done this I Q'I day of January, 2011.
COUNSEL OF RECORD:
John D. Richardson, Esq.
G. Randall Spear, Esq.
RICHARDSON, SPEAR,
SPEAR & HAMBY, P.C.
Post Office Box 1347
Mobile, Alabama 36633-1347
Scott W. Hunter, Esq.
FREMAN, KAOUI & HUNTER
160 S. Cedar Street
Mobile, Alabama 36602
Eugene P. Stutts, Esq.
Spain & Gillion, LLC
The Zinszer Building
2117 Second Avenue North
Birmingham, AL 35203
William H. Sisson, Esq.
Caroline T. Pryor, Esq.
E. Glenn Smith, Jr., Esq.
Carr Allison
6251 Monroe Street
Suite 200
Daphne, Alabama 36526
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IN THE CIRCUIT COURT OF MOBILE COUNTY, ALABAMA
ANDRE CARSTARPHEN,
Plaintiff,
VS.
CAPITAL TRAILWAYS, et al.,
Defendants.
*
* CIVIL ACTION NO. CV-2009-902311
*
*
LETTER ROGATORY
To the appropriate authority for the County of Cumberland, State of Pennsylvania.
In the Circuit Court of Mobile County, Alabama, there is pending an action bearing the
above caption, and it appears to this Court that the just determination of the issues therein
presented requires that Rite Aid Pharmacy, whose address is 30 Hunter Lane, Camp Hill,
Pennsylvania 17011, produce the articles described in the attached subpoena. It is therefore
requested that you assist this Court in serving the interest of justice by causing the above-named
to produce documents as directed by the attached Subpoena. This Court is ready and willing to
extend the same courtesies in a similar case when required.
Mobile County, Alabama, this day of _'2011.
JUDG AMES C. WOOD
CIRCUIT JUDGE
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ANDRE CARSTARPHEN,
Plaintiff,
VS.
CAPITAL TRAILWAYS, et al.,
Defendants.
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* Mobile County, AL ?,?..
* CIVIL ACTION NO. CV-20CAP241
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ORDER TO CLERK TO ISSUE NON-PARTY SUBPOENA ca
FOR USE IN A CIVIL PROCEEDING
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Defendants Colonial Trailways and Thaddeus Green, Petitioners, by the
undersigned counsel, having petitioned the Court for the entry of an Order directing the
Prothonotary to issue such Non-Party Subpoena as may be required so that Petitioners
may obtain copies of documents which are contained in the files of Rite Aid Pharmacy,
which said corporation transacts its business within the jurisdiction of this court.
IT IS HEREBY ORDERED as follows:
1. The Prothonotary of this Court shall issue such Non-Party Subpoena as
may be requested by Alabama counsel so that the Petitioners may obtain copies of
documents currently in the possession of Rite Aid Pharmacy.
2. Service of such Non-Party Subpoena is to be made by the Sheriff of
Cumberland County, Pennsylvania.
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Dated this 1 - day of January, 2011.
'*?l -
Judge, Court of Cumberlan unty,
Pennsylvania
This Order tendered by: K. 1'. ?) W / 1
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WILLIAM C. ROEDDER, JR. (ROE005)
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JONATHAN M. LIEB (LIE004)
ilieb kmcdowellkni hg t.com
Counsel for Petitioners
OF COUNSEL:
McDOWELL KNIGHT ROEDDER
& SLEDGE, L.L.C.
Post Office Box 350
Mobile, Alabama 36601
Phone: 251-432-5300
Fax: 251-432-5303
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