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Home My WebLink About12-4315BARRETT,INC. Plaintiff VS. WORTH CONSTRUCTION COMPANY, INC., LIBERTY MUTUAL INSURANCE CO., NABER ELECTRIC CORP., HULL CONSTRUCTION & RESTORATION, INC., SCHINDLER ELEVATOR CORPORATION and CIROCCO & OZZIMO, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO . Cn IN MORTGAGE FORECLOSURE - { rv ?- CD t::, 5:c: .z- cill PENNSYLVANIA IN AN ACTION PENDING IN THE NEW YORK STATE AND NOW comes Leon P. Haller of Purcell, Krug & Haller, a for the Defendant, Worth Construction Co., Inc., and respectfully r as follows: ?d ?rn CD ? C] -, n ?a rneys esents 1. The Supreme Court of the State of New York., County of Westchester, duly issued a Commission to The Office of the Prothonotary of Cumberland County to Take the Depositions of two witnesses Ilocated in Cumberland County, Pennsylvania, a certified copy attache4 hereto as Exhibit "A" and duly issued an order for said Commonwealth, a certified copy attached hereto as Exhibit "B". 2. It is respectfully requested that Subpoenas be issued to Richard Ryan and Robert McNeil. e ? aq/7 WHEREFORE, it is respectfully requested that this Court issue subpoenas in the form annexed as Exhibit "C", to Robert McNeil and Richard Ryan of Carlisle Syntec, Inc., 1285 Ritner Highway, Post Office Bqx 700, Carlisle, Pennsylvania 17013. PURCELL, KRUG & HALLER 4?? 1-01 By Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney for Plaintiff Dated: July 11, 2012 Attorney ID #15700 NYSCEF DOC. NOa 22 + ?. RECEIVED NYSCEF? 06/20/2012 SUPREME COURT OF-THE STATE OF NEW YORK COUNTY OF WESTCHESTER BARRETT, INC., Plaintiff, -against- WORTH CONSTRUCTION COMPANY, INC., LIBERTY MUTUAL INSUPANCE CO., NABER ELECTRIC CORP., HULLIICONTRUCTION & RESTORATION, INC., SCHINDLER ELEVATOR CORPORATION and CIROCCO & OZZIMO, INC., Defendants. The People of the State of New York TO: The Office of the Prothonotary Court of Common Pleas, Cumberland County 1 Courthouse Square Carlisle, PA 17013 Index No. 54271/2012 COMMISSION TO T DEPOSITIONS OUT! STATE OF NONPAR WITNESSES ON OR QUESTIONS Know Ye, that we, with full faith in your prudence and competency, have appointed you by a Judge of your Court, Commission and by these presents do authorize you or any of you to examine Carlisle Syntec Inc., by Robert McNeil and Richard Ryan of 1285 Ritner Highway, P.O. Box 7000, Carlisle, Pennsylvania, Cumberland County, as nonparty witnesses in an action pending in our Supreme Court, New York County between Barrett, Inc., plaintiff and Worth Construction Company, Inc., Liberty Mutual Insurance Co., Naber Electric Corp., Hull Contruction & Restoration, Inc., Schindler Elevator Corporation And Cirocco & Ozzimo, Inc., defendants, on the part of the defendant Worth Construction Co., Inc., under oath, upon oral examination to be conducted under N.Y. C.P.L.R. art. 31. We, therefore, request of you that, in furtherance of justice, you will, by proper and usual', process.of your Court, cause witnesses Robert McNeil and Richard Ryan, to appear before you onsome competent-person by you for that-purpose to be appointed and authorized by you at a precise time by you to be fixed, and there to answer, under oath, t? the several questions and cross-questions put to them by the attorneys for the parties hereto, and to bring with them the documents set forth in the Subpoenas, and that you will cause their depositions to be committed to writing and return the same to us. Pursuant to Section 3102(e) of the New York Civil Practice Law and Rules: "[w]hen under any mandate, writ or commission issued out of any court of record in anyl other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement, it is required to take the testimony of a witness in the state, he may be compelled to appear and testify in this same manner and by the some process as may be employed for the purpose of taking testimony in actions pending in the state. The supreme court or a county court shall make any appropriate order in aid of taking such al, deposition." 1. accordance with the foregoing statute we shall be and stand ready, willing and .able to do the same for you, as we are •asking.you to-do, •in:a similar case when required. Witness Honorable Alan D. Scheinkman, Justice of the Supreme Court of the State of New York and the seal thereof, at the City of White Plains, County of Westchester, this day of ? v Clerk of the Court [Seal of the court] Respectfully submitted, BAHN, MULTER & GOLD, LLP Attorneys for Defendant Worth Construction, Corp. 555 Fifth Avenue, 14" Floor New York, NY 10017 (212) 447-4700 To: J. Scott Greer, Esq. Lewis & Greer, P.C. 510 Haight Avenue, Suite 202 Poughkeepsie, NY 12603 Attorneys for Plaintiff Torre, Lentz, Gamell, Gary & Rittcnaster, LLP 100 Jericho Quadrangle, Suite 309 Jericho, NY 11753-2702 Attorneys For Defendant Liberty Mutual INDEX NO 4271/2012 i i LLWd • IrYV ? v--rv r r-? ?? ?- ? ----'-' - - - - I NYSCEF DOC. NO, 21 , RECEIVED NYSCEFr 'D6/20/2012 n t. r SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER BARRETT, INC., Index No. 54271/2012 Plaintiff, -against- ORDER FOR AN OP N r WORTH CONSTRUCTION COMPANY, INC., CONMUSSION TO T kICE LIBERTY MUTUAL INSURANCE CO., NABER THE DEPOSITION F TWO ELECTRIC CORP., HULL CONTRUCTION & NON-PARTY VVRM SES RESTORATION, INC., SCHINDLER ELEVATOR CORPORATION and CIROCCO & OZZIMO, INC., Defendants. The parties to this action having stipulated and agreed to an Order pursuant to N.Y. C.P.L.R. 3108 and N.Y. C.P.L.R. 3111. directing the issuance of an Open Commission to enable defendant Worth Construction Co., Inc. ("Worth') to take the depositions of Carlisle Syntec Inc. by Robert McNeill and Richard Ryan as nonparty witnesses, and to request the Court of Common Pleas.-of the State of Pennsylvania to issue a subpoena(s) and subpoena(s) duces tecum to Robert McNeill and to Richard Ryaj to appear for and submit to their depositions at a time, date, and place to be set by the Court of Common Pleas of the State of Pennsylvania; Now upon the Stipulation of the parties and due deliberation having been had thereon it is ORDERED that defendant Worth's application for an Open Commission to enable defendant Worth to take the depositions of Carlisle Syntec Inc. by Robert McNeill and Richard Ryan as nonparty witnesses.in the State of Pennsylvania is in all respects; and it is further 1 '. r' • Ordered that a Commission issue to a Judge or the Prothonotary of the Court of Common Pleas of the State of Pennsylvania, Cumberland Count, to tAe the depositions on oral questions under oath of Carlisle Syntec Inc. by Robert McNeill and Richard Ryan as nonparty witnesses; and it is further ORDERED that defendant Worth shall bear the costs of conducting the depositions, which costs shall be a taxable disbursement in the action. ENTER: /47ol-n'Alan D. Scheinkman, JSC STATEOF NEWYOR%,000NIYOFWWGLMS& tnuCTnY G WM, 001KTt CLERK AND CLERKOFTFIE SUPREME AND COUNTY COURTS. THAT I HAV WESTCHE98 COUNTY DO HEREBY CE IFY ?THIEMPAREDTHATTHE SAME IS 11 CORFX THEREOF FILED NV MY OFFICE ON TRANSCRIPT THEREFROM AND OF THE WHOLE OF SUCH ORIGINAL IN WITNESS WHEREOF -1 HAVE HEREUNTO SET MY HANG AND AFFDTED MY OFFICIALS A COUNTY CLEiq(ANDCLEAKOF1f1ESU~ANDCOUNTY COURTS,WESTCMr COUNTY. FEE PAID BARRETT,INC. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION- LAW Vs. NO. 12, V,51 ?5- WORTH CONSTRUCTION COMPANY, INC., LIBERTY MUTUAL INSURANCE CO., NABER ELECTRIC CORP., HULL CONSTRUCTION & RESTORATION, INC., SCHINDLER ELEVATOR CORPORATION and CIROCCO & OZZIMO, INC. Defendants IN MORTGAGE FORECLOSURE c ? 3 01 t , 77- ORDER OF COURT AND NOW, this J/1 day of (Zi..' , 2012, in consideration of the foregoing Petition, Subpoenas will be issued to Robert McNeil and Richard Ryan of Carlisle Syntec, Inc. to appear for deposition at the time and place set forth in the Subpoenas. BY THE COURT: