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Home My WebLink About02-0640PEPPER HAMILTON LLP BY: Paul G. Momssey, Esquire Attorney I.D. No. 86621 3000 Two Logan Square 18th & Arch Streets Philadelphia, PA 19103-2799 (215) 981-4000 Attorney for Petitioner DEMOTECH, INC., JOSEPH COLARUSSO, SCOTT SLATER, Plaintiffs, Vo FOSTER WHEEl.ER PENN RESOURCES, INC., ET AL. Defendants. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY CIVIL ACTION PETITION TO ENFORCE SUBPOENA PURSUANT TO 42 P.S. § 5326 Pursuant to 42 P.S. § 5326, the issuance of a subpoena is requested on the following grounds: 1. Petitioner is Demotech, Inc. who filed this petition through their attorneys, Pepper Hamilton, LLP. 2. Petitioner is a plaintiff in this suit pending in the Superior Court of New Jersey, Hunterdon County, captioned Demotech, Inc., et al. v. Foster Wheeler Penn Resources, et al., No. HNT-L-637-00. 3. Thomas W. Beauduy served as a fuel broker for Defendants and was a signator to an agreement pursuant to which Tailfeathers, Inc. agreed to procure fuel for a proposed cogeneration facility that Defendants were going to build. 4. Petitioner Demotech, Inc. was to supply fuel to the cogeneration facility. The above-captioned matter arises out of, inter, alia, Demotech's relationship to Defendants as a fuel supplier. 5. Mr. Beauduy's involvement with the cogeneration facility and the supply of fuel to the cogeneration facility is, therefore, closely related to the pending suit and Petitioner believes that Mr. Beauduy has relevant information necessary to Petitioner's case. 6. Notice of the Subpoena has been provided as required by R.~. 4:14-2 of the New Jersey Rules of Court, a copy of which is attached hereto as Exhibit "A". 7. Moreover, Defendants have not opposed the subpoena within the allowable time period. 8. Issuance of a subpoena by this Court to compel the attendance of the deponent is proper under R_~. 4:11-5 of the New Jersey. Rules of Court to take the deposition outside the State of New Jersey. 9. Furtheimore, issuance of a subpoena by this Court to compel attendance of the deponent is proper under 42 P.S. § 5326. Petitioner desires the deposition be conducted under the New Jersey Rules 10. of Civil Procedure. 11. A copy of the subpoena Petitioner wishes to have served on deponent is attached hereto as Exhibit "B". -2- WHEREFORE, Petitioner respectfully requests that this Court enter the attached Order compelling Thomas W. Beauduy to comply with the Subpoena attached hereto as Exhibit PEPPER HAMILTON, LLP Paul C~.}~lorrissey, Esquire ~ Peppe~I-Iamilton LLP 3000 Two Logan Square Eighteenth and Arch Streets Philadelphia, PA 19103-2799 (215) 981-4000 Dated: February 5, 2002 -3- PEPPER HAMILTON LLP BY: Paul G. Morrissey, Esquire Attorney I.D. No. 86621 3000 Two Logan Square 18th & Arch Streets Philadelphia, PA 19103-2799 (215) 981-4000 Attorney for Petitioner DEMOTECH, INC., JOSEPH COLARUSSO, : SCOTT SLATER, : Plaintiffs, : FOSTER WHEEI.F.R PENN RESOURCES, INC., ET AL. Defendants. COURT OF COMMON PIJEAS CUMBERLAND COUNTY : NO. . : : CIVIL ACTION CERTIFICATE OF SERVICE I hereby certify that on February 5, 2002, I served the foregoing Petition upon the following individuals by placing a true and correct copy thereof in the United States Mail, first class postage prepaid, addressed as follows: Kenneth N. Laptook, Esquire Wolff & Samson 58-60 Main Street P.O. Box 157 Hackensack, NJ 07602 NICHOLAS M. KOULETSIS PAUL G. MORRISSEY PEPPER HAMILTON LLP (A Pennsylvania Limited Liability Partnership) LibertyView Building, Suite 420 457 Haddonfield Road Chen'y Hill, NJ 08002 (856) 910-7200 Attorneys for Demotech, Inc., Joseph Colarusso and Scott Slater DEMOTECH, [NC., JOSEPH COLARUSSO, SCOTT SLATER, Plaintiffs, Mo FOSTER WHEELER PENN RESOURCES, [NC, ET AL. Defendants. SUPERIOR COURT OF NEW JERSEY LAW DMSION: HUNTERDON COUNTY DOCKET NO.: HNT-L-637-00 Civil Action NOTICE OF SUBPOENA TO: Defendants Pursuant to R._~ 4:11-5 and R~ 4:14-2, you are hereby notified of Plaintiffs' intent to serve the attached subpoena and take the deposition described therein. ~/ Nicholi~l. Kouletsis (~ Paul G. Morrissey PEPPER HAMILTON LLP LibertyView Building, Suite 420 457 Haddonfield Road Cherry Hill, NJ 08002 (856) 910-7200 Attorney for Demotech, Inc., Joseph Colarusso, and Scott Slater Dated: January 23, 2002 NICHOLAS M. KoULETSIS pAUL G. MORRISSEY pEPpER HAMILTON LLP (A pennsylvania Limited liability pafmcrship) LibertyView Building, Suite 420 457 Haddonfield Road Cherry Hill, Nl 08002 (856) 910-7200 Attorneys for Demotech, Inc., loseph Colarusso and Scott Slater DEMOTECH, INC., IoSEPH COLARUSSO, scoTT SLATER, Plaintiffs, ; FosTER WItEELER PENN REsoURCES, INC, ET AL. : THE STATE O1~ NEW $ERSE¥ TO: sUPERIOR coURT OF NEW ]ERSEY LAW DIVISION: hqJNTERDON COUNTY DocKET NO.: HNT-L-637-00 Civil Action sUBPOENA Thomas W. Beauduy 306 Bailey Street New Cumberland, PA 17070-1207 You are hereby commanded to attend and give testimony in the 5th Floor Hearing Room of the Courthouse for the Cumberland County Court of Common Pleas, 1 Courthouse Square, Carlisle, PA on the 12th day of FebruarY, 2002 at 10:00 A.M., and to produce at the same time and place, the documents requested in the Schedule of Documents attached to this subpoena as Schedule "A." the subpoenaed evidence Pursuant to R. 4:14-7(c), you are hereby advised that shall not be produced or released until the date specified for the taking of this deposition. If you are notified that a motion to quash the subpoena has been filed, you shall not produce or release · consented to by all so by the Court or the release ts the subpoenaed evidence until ordered to do parties to this action, command of this Subpoena will subject you to a Failure to appear according to the penaltY, damages in a Civil Suit and punishment fo~ contempt of Court. Clerk paulG pEppER tlANIILTON LLP Liberty¥iew Building, Suite 420 45'/I-iaddonfield Road ChemJ I-Iill, lq] 0g002 ($56) 910-7200 Attorneys for Demotech, Inc., Joseph Colarusso, and Scott Slater Dated: FebrUa~J 4, 2002 -2- P~ROOF OF SERVICE On , within Subpoena by delivering a copy thereof to a person named therein, at and by tendering to such person the attendance fee of $ and mileage of $ , I, the undersigned, being over the age of 18, served the asallowed by law. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. Dated: