The URL can be used to link to this page

Home My WebLink About12-25582 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ORIGINAL Daniel A. Reed, Esq. SBN 146510 a559 (i?vi?? /a - c VARNER & BRANDT LLP .?3 3750 University Avenue, Suite 610 Riverside, CA 92501 ,r- r.3 (951) 274-7777 Fax (951) 274-7770 Attorneys for JASON RADWAN, Trustee of the Malki Living Trust =:?d ? N ca COURT OF THE STATE OF CALIFORNIA SUPERIOR FOR THE COUNTY OF SAN BERNARDINO-CENTRAL DISTRICT JASON RADWAN, Trustee of the Malki Living Trust, CASE NO. CIVDS1015759 M:2 -v a o -_ C:) -.1 ter-: (Assigned for All Purposes to Dept. S38) Plaintiff, VS. ALLAN A. SEBANC, BEVERLY D. SEBANC, KENNETH McCLOSKEY, CHARLOTTE M. McCLOSKEY, ALLAN A. SEBANC and BEVERLY D. SEBANC, Trustees of the Sebanc Family Trust dated March 14, 2002, and DOES 1-50 COMMISSION TO ISSUE OUT OF STATE (PENNSYLVANIA) SUBPOENA DUCES TECUM TO THRIFTY PAYLESS CORP. Defendants. ALLAN A. SEBANC and BEVERLY D. ) SEBANC, individually and as Trustees of the ) Sebanc Family Trust dated March 14, 2002; ) and KENNETH McCLOSKEY ) Cross-Complainants, ) VS. JASON RADWAN, individually and as Trustee) of the Malki Living Trust; NATASHA ) RADWAN, individually and as Trustee of the ) Malki Living Trust; RENAISSANCE WEST ) SHOPPING CENTER, INC., a California ) corporation; ATLAS OIL COMPANY, a ) California corporation, dba ATLAS ) PROPERTIES; M.V. MANAGEMENT, an ) entity of unknown form; and DOES 100 ) THROUGH 150, ) C rncc-1)Pfenclantc ) 41o3.h5 P4 A77%/ 6#as,43 a?4 azo FAVSD\WPDATA\R634\0039 - Sebanc\Pldg\Comm.OutStateSub.wpd 1 Commission/Out of State Subpoena II 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 27 28 THE PEOPLE OF THE STATE OF CALIFORNIA: WHEREAS, it appears to the Superior Court of the State of California, County of San Bernardino, from the application of plaintiff JASON RADWAN, Trustee of the Malki Living Trust that business records in the possession of THRIFTY PAYLESS CORP. are material to the action currently pending in this court between JASON RADWAN, Trustee of the Malki Living Trust, plaintiff and ALAN A. SEBANC and BEVERLY D. SEBANC individually and as Trustees of the Sebanc Family Trust dated March 14, 2002 and KENNETH McCLOSKEY, defendants: This court, in confidence of your prudence and fidelity, appoints you a commissioner to issue a Subpoena Duces Tecum to require the production by THRIFTY PAYLESS CORP. of the following business records: 1. All documents relating to the payment by Thrifty Payless Corp. of Common Area Management charges for those premises leased by Thrifty Payless Corp. from January 1, 2005 through January 31, 2010 for Rite-Aid Store No. 36428 (closed) located at 13323 West Foothill Boulevard, Rialto, California. 2. All documents received from defendants Allan A. Sebanc and Beverly D. Sebanc individually and as Trustees of the Sebanc Family Trust dated March 14, 2002 and/or Kenneth McCloskey concerning Common Area Management charges for those premises located at 1332 West Foothill Boulevard, Rialto, California (Rite-Aid Store No. 36428-closed) from January 1, 2005 through January 31, 2010. 3. Any and all correspondence, including e-mail correspondence by and between Thrifty Payless Corp. and defendants Allan A. Sebanc and Beverly D. Sebanc individually and as Trustees of the Sebanc Family Trust dated March 14, 2002 and/or Kenneth McCloskey concerning Common Area Management charges for those premises leased by Thrifty Payless Corp. located at 1332 West Foothill Boulevard, Rialto, California (Rite-Aid Store No. 36428-closed) from January 1, 2005 through January 31, 2010. This court requests the process issue in the state of Pennsylvania requiring the production of I the documents listed hereinabove. You are authorized and empowered at a time and place to be fixed by you in the state of Pennsylvania to cause THRIFTY PAYLESS CORP. to produce documents to JASON RADWAN, F:\VSD\WPDATA\R634\0039 - Sebanc\Pldg\Comm.OutStateSub.wpd 2 Commission/Out of State Subpoena 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 27 28 Trustee of the Malki Living Trust agent, attorney and/or representative. DATED: MAR r 5 01? q'a Clerk C By: le EDMOND_ QASmn (Signature) Deputy Clerk I F:\VSD\WPDATA\R634\0039 - Sebanc\Pldg\Comm.OutStateSub.wpd 3 Commission/Out of State Subpoena C7 r?s JASON RADWAN, Trustee IN THE COURT OF COMMON PLE F of the Malki Living Trust CUMBERLAND COUNTY, PENNS 8' r=- -a Plaintiff r- a -<D crt m ' v. r-2: CIVIL ACTION - LAW -+ M. C) °r7 ALLAN A. SEBANC, BEVERLY D. SEBANC, et al. Defendant NO.: - CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 Asa prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Harold C. Gabler IV, attorney for Plaintiff, certifies that: (1) a notice of intent to serve the subpo ena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the s ubpoena has b een received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to ser ve the subpoena. Respectfully submitted, Lavery Faherty Patterson DATE: w _ y Harold C. Gabler IV, Esquire 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 171o8-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA 311133 Attys for Plaintiff, Jason Radwan JASON RADWAN, Trustee of the Malki Living Trust Plaintiff V. ALLAN A. SEBANC, BEVERLY D. SEBANC, et al. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Defendant NO.: - NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURPOSES PURSUANT TO RULE 4009.21 By and through his counsel, Lavery Faherty Patterson, Plaintiff, Jason Radwan, intends to serve a subpoena identical to the one that is attach ed to this notice. You have twenty (20) days from the date listed belo w in which to file of re cord and serve upon the undersigned an objection to the subpoena. If no obj ection is made, the subpo ena may be served. This notice is being provided pursuant to P ennsylvania Rule of Civil Procedure 4009.24. Respectfully submitted, Lavery Faherty Patterson DATE: 3 -9O )-IZ ( ar: lir?.ll?2A4?14' Harold C. Gabler IV, Esquire 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA 311133 Attys for Plaintiff, Jason Radwan CERTIFICATE OF SERVICE I, Harold C. Gabler IV, an employee with the law firm of Lavery Faherty Patterson, do hereby certify that on this 3 C) day of March, 2012 I served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Purposes Pursuant to Rule 4009.21 via U.S. First Class mail, postage prepaid, addressed as follows: James Morris, Esq. LAMB, MORRIS & LOBELLO, LLP 615 E. Foothill Blvd., Suite C San Dimas, CA 91773-1255 liz 4 / Harold C. Gabler IV I JASON RADWAN, Trustee IN THE COURT OF COMMON PLEAS OF of the Malki Living Trust CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW ALLAN A. SEBANC, BEVERLY : D. SEBANC, et al. lob - aZ?58 CW i ili';rt Defendant NO.: - PROPOSED ORDER FOR LETTER ROGATORY Considering the foregoing Petition for Letters Rogatory and attached Oaths: IT IS HEREBY ORDERED that a subpoena du ces tecum in the form attached i hereto for the production of records shall be issued to the Custodian of Records, Thrifty Payless Corp., whose headquarters are located at 30 Hunter Lane, Camp Hill, Pennsylvania 17011, in Cumberland County, for the Custodian of Records to produce the requested documents within 20 days of the issuance of this subpoena. SIGNED in Carlisle, Pennsylvania, Cumberland County on this 3 ? day of April, 2012. ThomaslA. Placed Common Pleas Ju 9e l.a1J???y, Fatiel pq4kv-soh 411L "ICU ?rn =;v 6 rr Ca >C 4 r STS '-5