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Home My WebLink About13-1407 'a"13I SIR 18 AN 9. 36 C,IJ, ,,'3zRLAND COUNTY F E 11IN SY1-1A N IA GERALD E. KOHR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA 2 V. CASE NO. ! ✓-I V&4 2 SETH WAYNE HOSTETTER and H&H AUTO SERVICE CENTER, INC., Defendants. PETITION FOR SUBPOENA Pursuant to 42 Pa. Cons. Stat. Ann. Section 5326, Seth Wayne Hostetter and H&H Auto Service Center, (the "Petitioners") request an Order directing issuance of a subpoena to give testimony at a deposition, as provided in Pa.R.C.P. 234.2, for use in a case currently pending before the Rockingham County Circuit Court, Harrisonburg, Virginia, Case No. CL10-1009-00. Specifically, Petitioners seek an order permitting issuance of a subpoena directed to: Richard Machamer, 32 Village Court, Mechanicsburg, Pennsylvania, 17050-9162,to appear at Days Inn, Carlisle South, 101 Alexander Spring Road, I-81 Exit 45, Carlisle, Pennsylvania, 17015, for a deposition on Wednesday, April 24, 2013, at 2:00 p.m. In support of his Petition, Petitioners state as follows: I. Petitioners are parties to an action styled as above and pending in the Rockingham County Circuit Court, Harrisonburg, Virginia. Under the laws of the Commonwealth of Virginia, production of or access to documents and depositions may be obtained in Pennsylvania for use in the above proceeding pending in Virginia. 2. Richard Machamer is not a party, but has been identified as a material witness in connection with the Virginia suit. 3. According to 42 Pa. Cons. Stat. Ann. Section 5326 relating to assistance to tribunals and litigants outside Pennsylvania with respect to depositions, this Court "may order a person who is domiciled or is found within this Commonwealth to give his testimony...for use in a matter pending in a tribunal outside this Commonwealth...in response to a letter rogatory...." 4. The Virginia Court has issued a Letter Rogatory for the Deposition of Richard Machamer, attached hereto as Exhibit A, requesting issuance of process to compel Richard Machamer to appear for a deposition. WHEREFORE, Petitioners request an Order authorizing Pennsylvania counsel to issue the subpoena as requested pursuant to 42 Pa. Cons. Stat. Ann. Section 5326. For assistance of the Court, a proposed Order is filed with this Petition. This 13th day of March, 2013. SETH WAYNE HOSTETTER, and H&H AUTO SERVICE CENTER, INC. Defendants By Counsel 2 T omas E. Ullrich(PA Bar# 92743) Wharton Aldhizer& Weaver, P.L.C. 100 S. Mason Street P.O. Box 20028 Harrisonburg, VA 22801-7528 Telephone: (540)434-0316 Facsimile: (540)434-5502 Email: tullrich @wawlaw.com Counsel for Defendants 13003669.DOCX 3 VIRGINIA: IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY GERALD E. KOHR, Plaintiff, V. Case No. CL10-1009-00 SETH WAYNE HOSTETTER, et al., Defendants. LETTER ROGATORY FOR DEPOSITION SUBPOENA TO: David D. Buell, Prothonotary 1 Courthouse Square, Suite 100 Carlisle, PA 17013 It appears to the Circuit Court of Rockingham County, Virginia, that Richard Machamer is a material witness in a certain action now pending in our Court styled"Gerald E. Kohr v. Seth Wayne Hostetter, et al.," Case No. CL 10-1009, that the personal attendance of said witness cannot be procured by this Court or the attorneys of record, and that just determination of issues therein presented requires the deposition of said witnesses pursuant to Rule 4:5(al)(iii) of the Virginia Supreme Court Rules. It is therefore requested that you assist this Court in serving the interests of justice by issuing a subpoena pursuant to the Commonwealth of Pennsylvania Rules of Civil Procedure causing the material witness to attend a deposition to occur at the following mutually agreed upon time and location: Wednesday,April 24,2013 at 2:00 p.m., at Days Inn Carlisle South, 101 Alexander Spring Road, I-81 Exit 45, Carlisle, Pennsylvania, 17015,and to testify, under oath, before a court reporter or other person qualified and authorized to administer oaths, as to those matters set forth in the Notice of Deposition attached hereto as Exhibit A. This Court commissions the Cumberland County Sheriff or such other authorized entity to serve EXtI� such process on Richard Machamer in accordance with the laws of the Commonwealth of Pennsylvania, at the following address: Richard Machamer 32 Village Court Mechanicsburg, PA 17050-9162 This Court is ready and willing to extend the same courtesies to your government in a similar case when required. Rockingham County, Virginia,this / day of March, 2013. JUDGE 13002903.DOCX 2 VIRGINIA: IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY GERALD E. KOHR, Plaintiff, V. Case No. CL10-1009-00 SETH WAYNE HOSTETTER,et al., Defendants. NOTICE Or D_,FPOSITION PLEASE TAKE NOTICE that on Wednesday,April 24,2013,beginning at 2:00 p.m., counsel for defendants will take the deposition of Richard Machamer at Days Inn Carlisle South, 101 Alexander Spring Road,I-81 Exit 45, Carlisle,Pennsylvania,17015, in accordance with the Rules of the Supreme Court of Virginia. Such deposition will be taken before a court reporter, and if for any reason the taking of the deposition be not commenced upon that day, or if commenced, be not concluded on that day, the taking of the deposition will be continued from day to day at the same time and place until completed. SETH WAYNE HOSTETTER,ET AL. By Counsel Charles F.Hilton(VSB#25846) Humes J.Franklin, III(VSB No. 46863) David I. Klass (VSB No. 78697) Wharton Aldhizer&Weaver,PLC 100 South Mason Street P. 0. Box 20028 Harrisonburg,Virginia 22801 Telephone: (540)438-5301 Facsimile: (540)434-5502 Counsel for Defendants CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing"Notice of Deposition" was sent via electronic mail and U.S. Mail this 0 day of February,2013,to W. F.Drewry Gallalee,Esquire Williams Mullen A Professional Corporation 200 South I Ooh Steret, Suite 1600 Post Office Box 1320 Richmond,Virginia 23218-1320 Einall: dgallalee @lvilliamsniullen.com Counsel for Plaintiff By Counsel ]3002899.DOCX 2 Thomas E. Ullrich(PA Bar# 92743) Wharton Aldhizer& Weaver, P.L.C. 100 S. Mason Street P.O. Box 20028 Harrisonburg, VA 22801-7528 Telephone: (540)434-0316 Facsimile: (540) 434-5502 Email: tullrich @wawlaw.com Counsel for Defendants ,i lrt% I j ,SIF0TAt� 1013 PEAR 18 Alai 9: 3 CUMBERLAND CGUNT PENNSYLVANIA GERALD E. KOHR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. CASE NO. 2012-CV-04652-MP (�. wo Civil SETH WAYNE HOSTETTER, and H & H AUTO SERVICE CENTER, INC., Defendants/Moving Party. PRAECIPE FOR ENTRY OF APPEARANCE TO: David D. Buell, Prothonotary Cumberland County Courthouse 1 Courthouse Square, Suite 100 Carlisle, PA 17013 Please issue a Subpoena to Attend and Testify in the above captioned action. The Subpoena shall be issued and forwarded to the Sheriff of Dauphin County for service. Thomas E. Ullrich(PA Bar# 92743) Wharton Aldhizer& Weaver, P.L.C. 100 S. Mason Street P.O. Box 20028 Harrisonburg, VA 22801-7528 Telephone: (540) 434-0316 Facsimile: (540) 434-5502 Email: tullrich @wawlaw.com �X Attorney for Defendants Seth Wayne Hostetter and March 13,2013 H&HAuto Service Center, Inc. 1 ' ll/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COWTY, PENNSYLVANIA GERALD E. KOHR, Plaintiff, t DOCKET NO. V. CIVIL ACTION SETH WAYNE HOSTETTER, et al., Defendants. ORDER This matter having come before me for consideration of a Petition for Subpoena by Seth Wayne Hostetter and H&H Auto Service Center, Defendants,the Petition is GRANTED. It is hereby Ordered, Adjudged and Decreed, pursuant to 42 Pa. Cons. ktat. Ann. Section 5326, that Counsel for Defendant is hereby authorized to issue a subpoena to Richard Lee Machamer, j Richard Machamer, 32 Village Court, Mechanicsburg, Pennsylvania, 17050-9162, to appear at Days Inn, Carlisle South, 101 Alexander Spring Road, 1-81 Exit 45, Carlisle, Pennsylvania, 17015, for a deposition on Wednesday, April 24, 2013, at 2:00 p.m., in aid of obtaining testimony for use in the proceeding styled as above in the Circuit Court of Rockingham County, i Harrisonburg, Virginia, Case No. CL10-1009. SO ORDERED. S�- DATE: Presiding Jud , Court of Common Pleas Cumberland County, Pennsylvania Thomas A. Placey Common Pleas Judge ; SERVICE DISTRIBUTION LEDGEND, .r... A Thomas E. Ullrich, Esquire W. F. Drewry Gallalee, Esquire Wharton Aldhizer& Weaver, PLC Williams Mullen, PC 100 South Mason Street 200 South 10th Street, Suite 1600 P. O. Box 20028 P. O. Box 1320 Harrisonburg, Virginia 22801 Richmond, Virginia 23218 Telephone: (540) 434-0316 Telephone: (804)420-6460 Facsimile: (540)434-5502 Facsimile: (804)420-6507 Email: tullrich @wawlaw.com Email: dgallalee @williamsmullen.com Counsel or DefendantslMoving Defendants/Moving Party Counsel or Plaintiff 13003673.DOCX SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson f 1 L E 0-0 r fir. Sheriff THE PROT KNOI ;fit"i `1' Q4tp aiu�brp� � Jody S Smith 2013 MAR 28 A1410: 53 Chief Deputy s Richard W Stewart ti ,. CUMBERLAND COUNTY Solicitor OFFICE OF!SE SKERIFF PENNSYLVANIA Gerald E Kohr vs. Case Number Seth Hostetter 2013-1407 SHERIFF'S RETURN OF SERVICE 03/26/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Richard Machamer, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Subpoena as"Not Found"at 32 Village Court, Hampden Township, Mechanicsburg, PA 17055. Per the defendant's sister, the defendant now resides in Dauphin County 160 Lucknow Road,Apt. 1, Harrisburg, PA 17110. SHERIFF COST: $38.46 SO ANSWERS, March 26, 2013 RON R ANDERSON, SHERIFF (c)^ountySuite Shenff,Teieosof.Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Gerald E. Kohr �y Plaintiff File No. VS. Seth Wayne Hostetter Defendant SUBPOENA TO ATTEND AND TESTIFY TO: Richard Machamer 32 Village Court Mechanicsburg,PA 17050-9162 1. You are ordered by the court to come to Days Inn,Carlisle South, 101 Alexander Spring Road,I-81 Exit 45, (Specify Courtroom or other place) at Carlisle , Cumberland County, Pennsylvania, on April 24, 2013 at 2:00 o'clock, P. M,. to testify on behalf of in the above case, and to remain until excused. 2. And bring with you the following: 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: Thomas E. Ullrich,Esquire Address: 100 S.Mason Street Harrisonburg,VA 22801 Telephone: (540)434-0316 Supreme Court ID# 92743 BY THE COURT: Prothonotary/Clerk, Civil Division Date: iy1D/3 or..% A J A-)4. � S A OAN I"" eal of the Court O AV=.O 0. 13"LL , 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)