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Home My WebLink About11-7286 HYDRA-POWER SYSTEMS, INC., an Oregon Corporation, Plaintiff V. MASTER SOLUTIONS, INC., a Pennsylvania Corporation, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY-?VANI A2 No. = c 5 1r} PETITION FOR LETTERS ROGATORY NOW COMES Petitioner, Hydra-Power Sytsems, Inc., by and through its counsel, Shumaker Williams, P.C., to request this Honorable Court to issue a Subpoena relating to a foreign action in which the moving party is the Plaintiff, and in support thereof, avers as follows: 1. Hydra-Power Systems, Inc. is the Plaintiff in an action brought against Master Solutions, Inc., in the Circuit Court of the State of Oregon for the County of Multnomah, entitled Hydra-Power Systems, Inc. v. Master Solutions, Inc., No. 1101-00769 (hereinafter referred to as the "Oregon Action") 2. Hydra-Power Systems, Inc. wishes to serve a Subpoena Duces Tecum with regard to the Oregon action upon a witness located within the jurisdiction of this Court. 3. Hydra-Power Systems, Inc. requests a Subpoena to attend and to produce documents be issued to Dan Turner c/o Turner Hydraulics. A copy of the Subpoena directed to Dan Turner is attached hereto as Exhibit "A." 4. It is respectfully submitted that the testimony and documents requested from Dan Turner c/o Turner Hydraulics, contains information necessary for the furtherance of justice in the Oregon Action. S ?2'etl P`tagy z??y 9G?O 5. Hydra-Power Systems, Inc. may be prejudiced in their prosecution of the Oregon action in the event they are precluded from obtaining the aforementioned testimony and documents. 6. In support of this request, Hydra-Power Systems, Inc. has attached as Exhibit "B" hereto, the Commission to Take Foreign Deposition from the Circuit Court of the State of Oregon for the County of Multnomah Court. WHEREFORE, pursuant to the attached Commission to Take Foreign Deposition, Plaintiff respectfully requests that this Honorable Court issue a Subpoena for the preceding reasons. SHUMAI WILLIAMS, P.C. Dated: September 21, 2011 By Evan C. Pappas, I.D. #200103 Ryan P. Siney, I.D. #209190 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :242604 2 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HYDRA-POWER SYSTEMS, INC. Plaintiff' File No. vs. MASTER SOLUTIONS, INC. Defendant SUBPOENA TO ATTEND AND TESTIFY TO: Dan Turner Turner Hydraulics 1605 Industrial Drive Carlisle, PA 17013 I . You are ordered by the court to come to Martson Law Offices, 10 East High Street (Specify Courtroom or other place) at Carlisle , Cumberland County, Pennsylvania, on October 11, 2011 at 9:00 o'clock, a. M_ to testify on behalf of Plaintiff in the above case, and to remain until excused. 2. And bring with you the following: See Attachment "A." 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: Evan C. Paunas Address: P. 0. Box 88 Harrisburg, PA 17108 Telephone: (717) 763-1121 Supreme Court ID # 200103 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) Attachment "A" 1. All documents including, but not limited to, contracts, drawings, notes, memoranda, letters, or statements referring or relating to work done for Master Solutions referring or relating to the design of hydraulic actuators for use in Master Solutions' moving floor system between March 9, 2009 and January 1, 2011. 2. All documents including, but not limited to, drawings, schedules, calculations prepared by or authored by Hydra-Power Systems of hydraulic actuators for use in a moving floor system provided to you by Master Solutions between March 9, 2009 and January 1, 2011. 3. All documents including, but not limited to, drawings, schedules, calculations prepared referring or relating to the use of the design of hydraulic actuators originally done by Hydra-Power Systems or the redesign of those hydraulic actuators for use in a moving floor system provided to you by Master Solutions between March 9, 2009 and January 1, 2011. 4. All documents including, but not limited to, drawings, schedules, calculations prepared referring or relating to the testing of the suitability of the hydraulic actuators provided by Hydra-Power Systems for use in a moving floor system between March 9, 2009 and January 1, 2011. 5. All documents including, but not limited to, memoranda, drawings, notes, schedules, calculations prepared referring or relating to the work done by Hydra-Powers Systems in the design, production or manufacture of the hydraulic actuators between March 9, 2009 and January 1, 2011, including, but not limited to, an evaluation of the value of such work. 242605 EXHIBIT "B" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH HYDRA-POWER SYSTEMS, INC., an Oregon corporation, \Ivl Case No. 1>4C1-00769 Plaintiff V. MASTER SOLUTIONS, INC., a Pennsylvania Corporation, Defendant. COMMISSION TO TAKE FOREIGN DEPOSITION TO ANY PERSON AUTHORIZED TO ADMINISTER OATHS IN PENNSYLVANIA: Pursuant to ORCP 38, by order of the above-titled court made on application of Plaintiff Hydra-Power Systems, Inc. in the above-captioned case, you are hereby appointed, commissioned, and authorized to take the depositions of the following named people in the state of Pennsylvania. DAN TURNER Turner Hydraulics 1605 Industrial Drive Carlisle, Pennsylvania 17013 You are authorized to administer an oath to the above witnesses and to take their depositions on oral examination. You are further authorized and directed to cause the examinations of these witnesses to be recorded and to certify that the witnesses were duly sworn and that the deposition transcripts are a true record of the witnesses' testimony. This commission expires 28 days from the date of signing. Signed this 1 I day of September, 2011. TRIAL COURT ADMINISTRATOR ti r by_? 1 *1I Page 1 - COMMISSIOITTO TAKE FOREIGN DEPOSITION Williams Fredrickson, LLC 1515 S.W. Fifth, Suite 844 Portland, OR 97201-5447 Tel: (503) 222-9966 mwilliams@williamsfredrickson.com 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 Is CERTIFICATE OF SERVICE I hereby certify that I served the Plaintiff's Commission to Take Foreign Deposition on the following attorneys of record on September 16 , 2011, by mailing to said attorneys a true copy thereof, at their addresses set out below: William F. Martson, Jr. OSB No. 721634 Christopher J. Pallanch OSB No. 075864 Tonkin Torp, LLP 1600 Pioneer Tower 888 SW Fifth Portland, OR 97204 Fax: 503.972.3705 and deposited in the post office at Portland, Oregon on said date. WILLIAMS, FREDRICKSON, LLC Michael D. Williams, OSB# 743440 Of Attorneys for Plaintiff Page 2 - COMMISSION TO TAKE FOREIGN DEPOSITION Williams Fredrickson, LLC 1515 S.W. Fifth, Suite 844 Portland, OR 97201-5447 Tel: (503) 222-9966 mwilliams@williamsfredrickson.com CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Petition for Letters Rogatory on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: William F. Martson, Jr., Esquire Christopher J. Pallanch, Esquire Tonkin Torp, LLP 1600 Pioneer Tower 888 SW Fifth Portland, OR 97204 Attorneys for Defendant SH AKER WILLIAMS, P.C. Dated: September 21, 2011 By Evan C. Pappas P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121