The URL can be used to link to this page

Home My WebLink About12-4884NINTH JUDICIAL DISTRICT OF PENNSYLVANIA ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT --? ALYSSHA S. HARVEY; VISHA M. THOMAS; and ANTONIE I. un ADOLPHUES l ' cJ l.? ut NO r' o - . Plaintiffs, ? q VS. ABM INDUSTRIES, INC.; ABM JANITORIAL SERVICES- NORTHEAST, INC.; MEDCO HEALTH SOLUTIONS, INC.; MEDCO HEALTH SOLUTIONS OF WILLINGBORO, L.L.C.; NICHOLAS ROSSINO; ROBERT GREINER; COALET LOWE; HAL BRAGGER; and JOHN DOES 1-10, Defendants. Underlying Action Pending in Superior Court of New Jersey, Law Division, Burlington County Docket No. BUR-L-265-11 PETITION FOR ISSUANCE OF A SUBPOENA PURSUANT TO 42 Pa. C.S. & 5326 Pursuant to 42 Pa.C.S. § 5326, the issuance of a Subpoena Duces Tecum is requested the following grounds: 1. ABM INDUSTRIES, INC., ABM JANITORIAL SERVICES-NORTHEAST, INC. and HAL BRAGER ("ABM defendants") are defendants in a civil action pending in Superior Court of New Jersey, Law Division, Burlington County, Docket No. BUR-L-265-11. 2. During the course of litigation, information has come to light that Logistics Agency possesses documents relevant to the resolution of the claims in dispute in action. 3. Defense Logistics Agency is an entity which resides at 2001 Mission Suite 3, New Cumberland, Pennsylvania 17070-5042, and regularly transacts business Cumberland County, Pennsylvania. ar4 los.?S Qa? Cic *109 (Z 918196 4. The ABM defendants require the issuance of a Subpoena to Produce or Things for Discovery to compel the production of documents from the Custodian of at Defense Logistics Agency. 5. The ABM defendants filed a Motion for Commission Authorizing the Issuance Out-of-State Subpoenas Duces Tecum with the Superior Court of New Jersey, Law Divisi Burlington County providing notice to the other parties to the underlying action. 6. The Superior Court of New Jersey, Law Division, Burlington County has the ABM defendants' motion and has issued a Commission directed to the Court of Commonwealth of Pennsylvania to compel production of documents by the Custodian Records at Defense Logistics Agency. The Court's Order and the Commission for Logistics Agency are attached hereto as Exhibit A and B, respectively. WHEREFORE, the ABM defendants hereby respectfully request that this Court order Prothonotary to issue a Subpoena to Produce Documents or Things for Discovery Pursuant Rule 4009.22 directed to Defense Logistics Agency. Respectfully submitted, El' Beth Tempio Clement (PA I.D. No. 208344) LITTLER MENDELSON, P.C. Three Parkway 1601 Cherry Street, Suite 1400 Philadelphia, Pennsylvania 19102 (267) 402-3000 Local Counsel 2 Amber Spataro, Esq. (NJ Bar No. 03689) LITTLER MENDELSON, P.C. One Newark Center 1085 Raymond Boulevard, 8th Floor Newark, New Jersey 07102 (973) 848-4700 Attorneys for ABMIndustries, Inc., ABMdanitorial Services-Northeast, Inc. and Hal Brager Date: August 1, 2012 VERIFICATION I, Elizabeth Tempio Clement, hereby verify that the facts made in the Petition Issuance of a Subpoena Pursuant to 42 Pa.C.S. § 5326 are true, except as to the facts alle upon information and belief, and as to these facts, I believe these facts to be true. This Verification is not made by a party to the underlying action because the parties outside the jurisdiction of this Court. Eli b h Tempio Clement Date: August 1, 2012 4 EXHIBIT A LITTLER MENDELSON, P.C. A Professional Corporation One Newark Center 8th Floor Newark, NJ 07102 973.848.4700 Attorneys for Defendants ABM INDUSTRIES, INC., ABM JANITORIAL SERVICES-NORTHEAST, INC. and HAL BRAGER FILED WITH THE COURT "AT 2 5 2012 John E. Hamngton, J.S C. ALYSSHA S. HARVEY; VISHA M. THOMAS; and ANTONIE I. ADOLPHUES, Plaintiff, ABM INDUSTRIES, INC.; ABM JANITORIAL SERVICES-NORTHEAST, INC.; MEDCO HEALTH SOLUTIONS, INC.; MEDCO HEALTH SOLUTIONS OF WILLINGBORO, L.L.C.; NICHOLAS ROSSINO; ROBERT GREINER; COALET LOWE; HAL BRAGGER; and JOHN DOES 1-10, Defendants. SUPERIOR COURT OF NEW JE] LAW DIVISION: BURLINGTON COUNTY DOCKET NO. BUR-L-265-11 Civil Action ORDER FOR ISSUANCE OF COMMISSION THIS MATTER having been opened to the Court by defendants, Defendants Industries, Inc., ABM Janitorial Services-Northeast, Inc. and Hal Brager (collectivt "Defendants"), by and through its counsel, Littler Mendelson, P.C. (Amber Spataro, E; appearing) for an Order mandating, pursuant to R. 4:11-5, that a Commission issue addressed the appropriate judicial authority in the State of Pennsylvania authorizing Defendants to serve out-of-state duces tecum on the Custodian of Records at Blair Christian Academy, the Custodi of Records at Elwyn, the Custodian of Records at the Defense Logistics Agency, the Custodian Records at Richard Island Project, the Custodian of Records at Acts, Inc., and the Custodian Records at Children's Hospital of Philadelphia, on notice to Alan H. Schorr & Associates, P (Arykakh Asheley, Esq. appearing), 5 Split Rock Drive, Cherry Hill, New Jersey 08003 attorneys for plaintiff, Antonie Adolphues ("plaintiff'), and for good cause shown; 1'r^ IT IS on this day of 2012 ORDERED, that the Clerk of the Court shall sign and issue, under seal, a Commission the form attached hereto as Exhibit A so that Defendants may petition the appropriate judii authority in the State of Pennsylvania for the issuance of a subpoena duces tecum for production of plaintiffs employment records in connection with his potential employment 'v Blair Christian Academy, Elwyn, Defense Logisitcs Agency and Children's Hospital Philadelphia; and it is FURTHER ORDERED, that a copy of this Order shall be served upon counsel of record within seven (7) days of receipt thereof by counsel for the defendants. Hon. `,?. ,i;j,$,?J.S.C. Dated: ---,2012 Firmwide: l 06560650.1 068757.1000 2 EXHIBIT B Jun-28.2012 11:31 AM LITTLER MENDELSON P.C. (973)643-5626 LITTLER MENDELSON, P.C. TRUE 0 A Professional Corporation V, One Newark Center 8th Floor Newark, NJ 07102 973.848.4700 Attorneys for Defendants ABM INDUSTRIES, INC., ABM JANITORIAL SERVICES-NORTHEAST, INC. and HAL BRAGER ALYSSHA S. HARVEY; VISHA M. THOMAS; and ANTONIE I. ADOLPHUES, Plaintiff, V. ABM INDUSTRIES, INC.; ABM JANITORIAL SERVICES-NORTHEAST, INC.; NIEDCO HEALTH SOLUTIONS, INC.; MEDCO HEALTH SOLUTIONS OF WILLINGBORO, L.L.C.; NICHOLAS ROSSINO; ROBERT GREINER; COALET LOWE; HAL BRAGGER; and JOHN DOES 1-10, Defendants. SUOERICR COURT DURLINOTON CONT. ?fl? APR 23 AM ti: 40 RECE1 8/21 SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BURLINGTON COUNTY DOCKET NO. BUR-L-265-11 COIV04MON TO COMPEL PRODUCTION OF DOCUNMNTS BY CUSTODIAN OF RECORDS AT DEFENSE LOGISTICS AGENCY THE HONORABLE JUDGES OF THE COURT OF THE COMMONWEALTH OF PENNSYLVANIA: GREETINGS: Defendants ABM Industries, Inc., ABM Janitorial Service,--Northeast, Inc. and Hal Brager (collectively "Defendants'), having demonstrated the need for the production of records by the Custodian of Records at the Defense Logistics Agency, 2001 Mission Drive, Suite 3, New Cumberland, Pennsylvania 17070-5042,' and requiring the issuance from the Court of the Commonwealth of Pennsylvania. a Subpoena Duces Tecum to compel the production of documents by the Custodian of Records, the Superior Court of the State of New Jersey, Law Division, Burlington County, by way of the undersigned Judge, hereby respectfully commissions the Court of the Commonwealth of Pennsylvania or such subordinate officer as it may designate Jun-28-2012 11:31 AM LITTLER MENDELSON P.C. (973)643-5626 9/21 to issue with due diligence a Subpoena Deices Teem in compliance with the Pennsylvania Rules of Civil Procedure and in accordance with the customs and traditions of the Court of the Commonwealth of Pemisylvania, compelling the Custodian of Records to produce the following documents: Any and all documents in the possession, custody and/or control of the Defense Logistics Agency, concerning, referring or relating to the employment or potential employment of Antonie Adolph= at any time including, but not limited to, documents relating to charges or complaints of unfairness, harassment, and/or discrimination, pexsonnel files, employment applications, resumes, performance evaluations or reviews, manager files, investigatory files, human resource files, workms' compensation files, time sheets, wage and/or earnings records, W-2 forms, payroll registers, benefit records, dates of employment, reasons for termination of employment (whether voluntary or involuntary), disciplinary records, attendance records, benefit smnmaries, pay stubs, documents relating to any professional certifications and/or licenses, and any correspondence, notes, and memoranda. IN WITNESS WHEREOF, the undersigned Judge of the Superior Court of the State of New Jersey has set his hand on this ?vday of 12012. STATE OF NEW JERSEY Fimtwide:106361423.1068757.1000 E .S.C. 2 NINTH JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ALYSSHA S. HARVEY; VISHA M. THOMAS; and ANTONIE I. ADOLPHUES Plaintiffs, vs. ABM INDUSTRIES, INC.; ABM JANITORIAL SERVICES- NORTHEAST, INC.; MEDCO HEALTH SOLUTIONS, INC.; MEDCO HEALTH SOLUTIONS OF WILLINGBORO, L.L.C.; NICHOLAS ROSSINO; ROBERT GREINER; COALET LOWE; HAL BRAGGER; and JOHN DOES 1-10, Defendants. NO. Underlying Action Pending in Superior Court of New Jersey, Law Division, Burlington County Docket No. BUR-L-265-11 ORDER GRANTING PETITION FOR ISSUANCE OF A SUBPOENA PURSUANT TO 42 Pa. C.S. & 5326 This Court, having considered ABM INDUSTRIES, INC., ABM JANITO SERVICES-NORTHEAST, INC. and HAL BRAGER's Petition for Issuance of a Subpoena, of the opinion that the Petition should be GRANTED. It is therefore ORDERED that the Prothonotary for the Ninth Judicial District of Pennsylvania in Court of Common Pleas of Cumberland County issue a Subpoena to Produce Documents Things for Discovery Pursuant to Rule 4009.22 directed to Defense Logistics Agency. IT IS SO ORDERED Date: 12012 J. 5 NINTH JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ALYSSHA S. HARVEY; VISHA M. THOMAS; and ANTONIE I. ADOLPHUES Plaintiffs, NO. VS. ABM INDUSTRIES, INC.; ABM JANITORIAL SERVICES- NORTHEAST, INC.; MEDCO HEALTH SOLUTIONS, INC.; MEDCO HEALTH SOLUTIONS OF WILLINGBORO, L.L.C.; NICHOLAS ROSSINO; ROBERT GREINER; COALET LOWE; HAL BRAGGER; and JOHN DOES 1-10, Underlying Action Pending in Superior Court of New Jersey, Law Division, Burlington County Docket No. BUR-L-265-11 Defendants. CERTIFICATE OF SERVICE I hereby certify that I caused a copy of Petition for Issuance of Subpoena Pursuant 42 Pa.C.S. § 5326 to be served upon all other parties or their attorneys of record in underlying action by regular first class mail at the following addresses: Alan H. Schorr, Esq. Alan H. Schorr & Associates, P.C. Attorneys at Law 5 Split Rock Drive Cherry Hill, NJ 08003 Paula M. Castaldo, Esq. McElroy, Deutsch, Mulvaney & Carpenter LLP 1300 Mount Kemble Avenue P.O. BOX 2075 Morristown, NJ 07962-2075 James J. O'Hara, Esq. Graham Curtin 4 Headquarters Plaza P.O. Box 1991 Morristown, NJ 07962-1991 Eliz eth Tempio Clement (PA I.D. No. 208344) LITTLER MENDELSON, P.C. Three Parkway 1601 Cherry Street, Suite 1400 Philadelphia, Pennsylvania 19102 (267) 402-3000 Local Counsel Amber Spataro, Esq. (NJ Bar No. 03689) LITTLER MENDELSON, P.C. One Newark Center 1085 Raymond Boulevard, 8th Floor Newark, New Jersey 07102 (973) 848-4700 Attorneys for ABM Industries, Inc., ABM Services-Northeast, Inc. and Hal Brager Date: August 1, 2012 2 NINTH JUDICIAL DISTRICT OF PENNSYL~z~~~,.`~ ~ C~ ~ rlt IN THE COURT OF COMMON PLEAS OF CUMBERLAN ~~~~CTa~~'r' Zu ~ 2 ' JG f 3 P!~ 2~ ! 6 ALYSSHA S. HARVEY; VISHA M. THOMAS; and ANTONIE I. ~"~`'~~E~~-~Nl? COU~dT`~' ADOLPHUES ~'~'~S YLVANIA Plaintiffs, NO. 12-4884 vs. ABM INDUSTRIES, INC.; ABM JANITORIAL SERVICES- NORTHEAST, INC.; MEDCO HEALTH SOLUTIONS, INC.; MEDCO HEALTH SOLUTIONS OF WILLINGBORO, L.L.C.; NICHOLAS ROSSINO; ROBERT GREINER; COALET LOWE; HAL BRAGGER; and JOHN DOES 1-10, Underlying Action Pending in Superior Court of New Jersey, Law Division, Burlington County Docket No. BUR-L-265-11 Defendants. AMENDMENT TO PETITION FOR ISSUANCE OF A SUBPOENA PURSUANT TO 42 Pa. C.S. ~ 5326 1. ABM INDUSTRIES, INC., ABM JANITORIAL SERVICES-NORTHERS INC. and HAL BRAGER ("ABM defendants") are defendants in a civil action pending in Superior Court of New Jersey, Law Division, Burlington County, Docket No. BUR-L-265-11. 2. Pursuant to Local Rule 208.3(a)(2), no judge of this Court has ruled upon other issue in this matter or any related matter. However, a judge in the State of New Jersey approved Commissions for the subpoenas at issue. 3. Pursuant to Local Rule 208.3(a)(9), concurrence in this Petition for Issuance of Subpoena has been sought of all counsel of record via a Motion in the Superior Court of N Jersey for a Commission for Issuance of the instant Subpoena from the instant Court. notice and an opportunity to be heard, no counsel in this case opposed that Motion and, thus, counsel of record concurs in the issuance of the instant subpoena via their non-opposition. WHEREFORE, the ABM defendants hereby respectfully request that this Court order Prothonotary to issue a Subpoena to Produce Documents or Things for Discovery Pursuant Rule 4009.22 directed to Defense Logistics Agency. Respectfully submitted, ~~_ El' eth Tempio Clement (PA I.D. No. 208344) LITTLER MENDELSON, P.C. Three Parkway 1601 Cherry Street, Suite 1400 Philadelphia, Pennsylvania 19102 (267) 402-3000 Local Counsel Amber Spataro, Esq. (NJ Bar No. 03689) LITTLER MENDELSON, P.C. One Newark Center 1085 Raymond Boulevard, 8th Floor Newark, New Jersey 07102 (973) 848-4700 Attorneys for ABMlndustries, Inc., ABMJanitorial Services-Northeast, Inc. and Hal Brager Date: August 9, 2012 2 VERIFICATION I, Elizabeth Tempio Clement, hereby verify that the facts made in the Amendment Petition for Issuance of a Subpoena Pursuant to 42 Pa.C.S. § 5326 are true, except as to the alleged upon information and belief, and as to these facts, I believe these facts to be true. This Verification is not made by a party to the underlying action because the parties outside the jurisdiction of this Court. ~r E ' eth Tempio Clement Date: August 9, 2012 3 NINTH JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ALYSSHA S. HARVEY; VISHA M. THOMAS; and ANTONIE I. ADOLPHUES Plaintiffs, vs. ABM INDUSTRIES, INC.; ABM JANITORIAL SERVICES- NORTHEAST, INC.; MEDCO HEALTH SOLUTIONS, INC.; MEDCO HEALTH SOLUTIONS OF WILLINGBORO, L.L.C.; NICHOLAS ROSSINO; ROBERT GREINER; COALET LOWE; HAL BRAGGER; and JOHN DOES 1-10, Defendants. NO. 12-4884 Underlying Action Pending in Superior Court of New Jersey, Law Division, Burlington County Docket No. BUR-L-265-11 CERTIFICATE OF SERVICE I hereby certify that I caused a copy of Amendment to Petition for Issuance of S Pursuant to 42 Pa.C.S. § 5326 to be served upon all other parties or their attorneys of record the underlying action by regular first class mail at the following addresses: Alan H. Schorr, Esq. Alan H. Schorr & Associates, P.C. Attorneys at Law 5 Split Rock Drive Cherry Hill, NJ 08003 Paula M. Castaldo, Esq. McElroy, Deutsch, Mulvaney & Carpenter LLP 1300 Mount Kemble Avenue P.O. BoY 2075 Morristown, NJ 07962-2075 James J. O'Hara, Esq. Graham Curtin 4 Headquarters Plaza P.O. Box 1991 Morristown, NJ 07962-1991 El z eth Tempio Clement (PA I.D. No. 208344) LI LER MENDELSON, P.C. Three Parkway 1601 Cherry Street, Suite 1400 Philadelphia, Pennsylvania 19102 (267) 402-3000 Local Counsel Amber Spataro, Esq. (NJ Bar No. 03689) LITTLER MENDELSON, P.C. One Newark Center 1085 Raymond Boulevard, 8th Floor Newark, New Jersey 07102 (973) 848-4700 Attorneys for ABMlndustries, Inc., ABMJanitorial Services-Northeast, Inc. and Hal Brager Date: August 9, 2012 .ALYSSHA S. HARVEY; IN THE COURT OF COMMON PLEAS OF VISHA M. THOMAS; and CUMBERLAND COUNTY, PENNSYLVANIA ANTONIE I. ADOLPHUES, Plaintiffs v. AMD INDUSTRIES, INC.; ABM JANITORIAL SERVICES- NORTHEAST, INC.; MEDCO HEALTH SOLUTIONS, INC.; MEDCO HEALTH SOLUTIONS OF WILLINGBOORO, L.L.C.; NICHOLAS ROSSINO; ROBERT: GREINER; COALET LOWE; HAL BRAGGER; and JOHN DOES 1-10, Defendants ORDER OF COURT ~ ~ ~.,,., _._ ' j ~w ~ ~- r~ c: ~ -:~ _.~.. ~ ' ~ 1 _ ~r 1 ~ .,~c; ~~ ~ ` ..-a~--, .~., r. ~~-~ ; ,.,~ ~y~ AND NOW, this 16~' day of August, 2012, upon consideration of the Petition for Issuance of a Subpoena Pursuant to 42 Pa. C.S. §5326, a Rule is hereby issued upon Defense Logistics Agency, 2001 Mission Drive, Suite 3, New Cumberland, PA 17070- 5042 and upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ~ ~~~ Christytee L. Peck, J. Alan H. Schorr, Esq. Alan H. Schorr & Associates, P.C. 5 Split Rock Drive Cherry Hill, NJ 08003 Attorney for Plaintiffs CIVIL ACTION -LAW NO. 12-4884 CIVIL TERM PETITION FOR ISSUANCE OF A SUBPOENA PURSUANT TO 42 Pa. C.S. §5326 `` V Paula M. Castaldo, E sq. McElroy, Deutsch, Mulvaney & Carpenter, LLP 1300 Mount Kemble Avenue P.O. Box 2075 Morristown, NJ 07962-2075 Attorney for Medco Health Solutions, Inc. and Medco Health Solutions of Willingboro ~ James J. O'Hara, Esq. Graham Curtin 4 Headquarters Plaza P.O. Box 1991 Morristown, NJ 07962-1991 Attorney for Defendant Nicholas Rossino ~ Amber Spataro, Esq. LITTLER MENDELSON, P.C. One Newark Center 1085 Raymond Boulevard, 8~' Fl. Newark, NJ 07102 Attorneys for ABM Industries, Inc., AMB Janitorial Services-Northeast, Inc., and Hal Brager /Elizabeth Tempio Clement LITTLER MENDELSON, P.C. Three Parkway 1601 Cherry Street Suite 1400 Philadelphia, PA 19102 Local Counsel for AMB Industries, Inc., AMB Janitorial Services-Northeast, Inc., and Hal Brager Defense Logistics Agency 2001 Mission ~D rive Suite 3 New Cumberland, PA 17070-5042 :rc -~AP'~s lei ~Gd ~/1? l/ a ~1G ALYSSHA S. HARVERY; VISHA M.THOMAS; and ANTONIE I. ADOLPHUES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW AMD INDUSTRIES, INC.; ABM JANITORIAL SERVICES-NORTHEAST, INC.; MEDCO HEALTH SOLUTIONS OF WINNINGBOORO, LLC; NICHOLAS ROSSINO; ROBERT GREINER; COALET LOWE; HAL BRAGGER; and JOHN DOES 1-10 ; r'-r Defendants NO. 12-4884 CIVIL TERM _ c o cry sY :_ --r 5 • c_) -; DEFENSE LOGISTICS AGENCY'S RESPONSE TO RULE TO SHOW CAUSE NOW COMES, the Defense Logistics Agency - Distribution (hereinafter "DLA"), by and through its counsel, Christina N. Hinkson, Assistant Counsel, and in Response to the Rule to Show Cause for Defendant's Petition for Issuance of Subpoena Pursuant to 42 Pa. C.S. § 5326, states as follows: DLA is a United States Department of Defense ("DOD") agency headquartered at 2001 Mission Drive, Building 81, New Cumberland, York County, Pennsylvania. 2. On August 20, 2012, DLA received an Order of Court by regular mail issuing a Rule to Show Cause regarding Defendant's Petition for Issuance of Subpoena Pursuant to 42 Pa. C.S. § 5326. 3. Defendant failed to serve its Petition on DLA, or otherwise communicate with DLA in any manner regarding its Subpoena request. 4. Defendant failed to file its petition in a court with jurisdiction over DLA in this matter. Specifically, DLA is located in York County, Pennsylvania, and does not regularly transact business in Cumberland County as Defendant has alleged in its Petition. 5. As a DOD agency, DLA has no obligation to respond to a subpoena that has not been issued following the procedure set forth in and in accordance with 32 C.F.R. § 97.6. The requesting party is required to set forth and provide to the agency, in writing and with as much specificity as possible, the mature and relevance of the official information sought. See Touhy v. Ragen, 340 U.S. 462 (1951). No such written request was served on DLA in this matter. 6. In the interest of efficiency, however, DLA has obtained a copy of Defendant's petition via court records, and has determined that it does not have in its possession any of the information sought. 7. Specifically, Defendant is requesting any and all documents in the possession, custody and/or control of DLA related to the employment or potential employment of Antonie Adolphues. Per the attached Affidavit of Daniel D. Tedesco, Jr., Human Resources Specialist at DLA, DLA is not in possession, custody and/or control of any such records related to Antonie Adolphues. WHEIREFORE, for the reasons stated above, DLA respectfully requests that the court deny Defendant's Petition for Issuance of Subpoena. Respectfully submitted, Christina N. Hinkson, Assistant Counsel Attorney I.D. No. 200520 Defense Logistics Agency - Distribution 2001 Mission Drive - Building 81 New Cumberland, PA 17070 Date: September 4, 2012 (717) 770-4260 2 AFFIDAVIT Commonwealth of Pennsylvania County of York Before me, the undersigned notary public, this day personally appeared Daniel D. Tedesco, Jr. employed with the Defense Logistics Agency (DLA) Human Resources Services, New Cumberland, Pennsylvania, as a Human Resources Specialist, who being duly) sworn according to law, deposes and says: 1. Defendants ABM Industries, Inc., ABM Janitorial Services-Northeast, Inca and Hal Brager, are requesting any and all documents in the possession, custody andilor control of DLA related to the employment or potential employment of Antonie Adojlphues. 2. Records of employment or potential employment are retained by our local office for a period of time from approximately 2000 to the present. 3. I have performed a thorough and exhaustive search of all records in my office's possession, custody and/or control, and have no records related to Antonie Ado?lphues or showing that Antonie Adolphues was ever employed or applied for employment with DLA. DANIEL D. TEDESCO, JR. Sworn to and subscribed before me this 4th day of September 2012. Not ublic cA •;? ? plNN9YLYlWU U y1:`?'` Cj ?Notarlal Seal PJ* ,, ? ` • • • "' • , • •?.? ??`? Robert L Seiple Sr. Notary Fairview Twp, York C Gonrrrikidm. r. Jum 7.2016 ALYSSHA S. HARVERY; VISHA M.THOMAS; and ANTONIE I. ADOLPHUES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. AMD INDUSTRIES, INC.; ABM JANITORIAL SERVICES-NORTHEAST, INC.; MEDCO HEALTH SOLUTIONS OF WINNINGBIOORO, LLC; NICHOLAS ROSSINO; ROBERT GREINER; COALET LOWE; HAS, BRAGGER; and JOHN DOES 1- 10 : CIVIL ACTION -LAW Defendants NO. 12-4884 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the Defense Logistics Agency's Response to Rule to Show Cause has been served upon the parties or their attorneys of record in the above captioned matter by regular first class mail at the following addresses: Alan H. Schorr, Esq. Alan H Schorr Associates, P.C. 5 Split Rock!iDrive Cherry Hill NJ 08003 Paula M. Castaldo, Esq. McElroy, Deutsch, Mulvaney & Carpenter LLP 1300 MountKemble Avenue P.O. Box 2075 Morristown, NJ 07962-2075 James J. O'Hara, Esq. Graham Curtin 4 Headquart@rs Plaza P.O. Box 19$1 Morristown, NJ 07962-1991 Amber Spat4ro, Esq. LITTLER MiENDELSON, P.C. One Newark' Center 1085 Raymond Boulevard 8`h Fl. Newark NJ 07102 Elizabeth Tempio Clement LITTLER MENDELSON, P.C. Three Parkway 1601 Cherry Street Suite 1400 Philadelphia PA 19102 Christina N. Hinkson, Assistant Counsel Attorney I.D. No. 200520 Defense Logistics Agency - Distribution 2001 Mission Drive - Building 81 New Cumberland, PA 17070 Date: September 4, 2012 (717) 770-4260