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Home My WebLink About13-1448 ONE TECHNOLOGIES L P In the Court of Common Pleas of Cumberland County, Pennsylvania — - - - -- No. __Civil Term vs PR LLC AND CHA D ERTEL PRAECIPE PRAECIPE FOR ISSUANCE OF LETTER ROGATORY ` = rya David D. Buell Prothonotary 20 Attorney Info: M ICHAEL A MCCABE Attorney for Plaintiff M WILSON MANDALA LLP 6 BANNER PLACE TOWER 12770 COLT ROAD DALL I X 7~251 103.jS PO Assoc. Suc LWid <Amyj jaded Svc Unlimded> 0.18790 Form 329: LETTERS ROGATORY Cause No. DC -12- 03980 -A Service Officer: ATTY ONE TECHNOLOGIES, L.P. VS. PROFINITY, LLC, ET AL THE STATE OF TEXAS To: THE APPROPRIATE AUTHORITY IN CUMBERLAND COUNTY, STATE OF PENNSYLVANIA GREETINGS: YOU ARE AUTHORIZED AND REQUESTED TO SUMMON iDRIVE INTERACTIVE, 3909 HARTZDALE DRIVE, SUITE 907, CAMP HILL, PA 17011 ( SEE ATTACHED CERTIFIED COPY OF ORDER GRANTING MOTION FOR ISSUANCE OF LETTER ROGATORY AND UNOPPOSED MOTION FOR ISSUANCE OF LETTER ROGATORY) ORDER SIGNED BY THE HONORABLE ERIC P. MOYE, JUDGE OF THE 14 JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS HEREIN FAIL NOT, but of this writ make due return showing how you have executed the same. WITNESS: GARY FITZSIMMONS, Clerk of the District Courts, Dallas County, Texas. GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at office in the City of Dallas, ON THIS THE 7TH DAY OF MARCH, 2013. Issued at request of: ATTEST: GARY FITZSIMMONS MICHAEL A. MCCABE Clerk of the District Courts MUNCK WILSON MANDALA LLP Dallas County,, Texa 600 BANNER PLACE TOWER �— 12770 COLT ROAD B �� ---� , Deputy DALLAS TX 75251 LINDA SCHAF , 972- 628 -3600 OFFICER'S RETURN Came to hand on the day of 20_ at o'clock and executed on the day of 20 at _o'clock_ M., deliverin(y to the within named _ in person, a true copy of this Notice. FEES: Serving Notice: S Officer County Mileage: S TOTAL: S By: Deputy 000462 No. DC- 12-03990 -A ONE TECHNOLOGIES, L.P., § IN THE DISTRICT COURT Plaintiff, § V. § DALLAS COUNTY, TEXAS PROFINITY, LLC and § CHAD D. ERTEL, § Defendants. § 14Th JUDICIAL DISTRICT ORDER GRANTING MOTION FOR ISSUANCE OF LETTER ROGATORY Came on for hearing the Motion for Issuance of Letter Rogatory filed herein by Plaintiff One Technologies, LP pursuant to Rule 201 -1 {c} of the Texas Rules of Civil Procedure. Having considered the Motion, the Court finds that it should be granted. Accordingly, therefore, it is ORDERED that Plaintiffs Motion for Issuance of Letter Rogatory be and hereby is granted; and it is further ORDERED that the Clerk of the Court shall issue a Letter Rogatory for the issuancc and service by the appropriate authority of a subpoena daces tecum to third -party witness iIkive Interactive, located in the State of Pennsylvania, County of Cumberland; and it is hutber ORDERED that the Clerk of the Court shall issue the aforesaid Letter Rogatory in the form previously proposed and submitted herein by Plaintiff. SIGNED this z G day of February, 2013. Eric V Moyd, Judge 14` District Court Filed 13 February 21 P4:08 Gary Fitzsimmons District Clerk Dallas District No. DC- 12- 03980 -A ONE TECHNOLOGIES, L.P., § IN THE DISTRICT COURT Plaintiff, § �• § DALLAS COUNTY, TEXAS PROFINITY, LLC and § CHAD D. ERTEL, § Defendants. § 14TH JUDICIAL DISTRICT UNOPPOSED MOTION FOR ISSUANCE OF LETTER ROGATORY TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff One Technologies, L.P. (hereinafter "Plaintiff') files this Motion for Issuance of Letter Rogatory pursuant to Rule 201.1(c) of the Texas Rules of Civil Procedure: I. Plaintiff requests the issuance of a Letter Rogatory to the appropriate authorities in the State of New York for the purpose of issuing a subpoena duces tecum with deposition on written questions of a third -party witness located in that state, to wit: iDrive Interactive 3909 Hartzdale Dr., Suite 907 Camp Hill, PA 17011 H. The requested form of the Letter Rogatory is attached hereto as Exhibit A. The farm of the Notice of Deposition and Subpoena for Deposition on Written Questions and Production of Documents are attached hereto as Exhibit B. WHEREFORE, Plaintiff requests the Court grant this Motion and order the Clerk of this Court to issue said Letter Rogatory in the form attached hereto, and that the Court grant Plaintiff such other and further relief to which it may be entitled. Dated: February 2 1, 2013 Respectfully submitted, By: Michael A. McCabe Texas Bar No. 24007628 mmccabena munckwilson.com Jane Ann R. Neiswender Texas Bar No. 24048312 i neiswender@,munckwilson. co Kelly P. Chen Texas Bar No. 24062664 kchen ccbmunckwilson.com MUNCK WILSON MANDALA, LLP 12770 Coit Road, Suite 600 Dallas, TX 75251 972 - 628 -3600 972 - 628 -3616 fax ATTORNEYS FOR ONE TECHNOLOGIES, LP CERTIFICATE OF SERVICE I HEREBY CERTIFY that I caused to be served a true and correct copy of the above and foregoing document on counsel of record via certified mail, return receipt requested, in compliance with the Texas Rules of Civil Procedure, on February Z , 2013, as follows: Timothy S. Comer Peter D. Marketos Comer & Associates, PC Reese Gordon Marketos LLP 2901 Corporate Circle, Ste. 200 750 N. St. Paul Street, Suite 610 Flower Mound, TX 75028 Dallas, TX 75201 Michael A. McCabe CERTIFICATE OF CONFERENCE I HEREBY CERTIFY that counsel for One Technologies, L.P. conferred with Peter D. Marketos and Timothy S. Comer, counsel for Defendants, regarding Plaintiff One Technologies, L.P.'s Motion for Issuance of Letter Rogatory by telephone. Defendants do not oppose the motion. Dated: February 2� , 2013 Respectfully submitted, Michael A. McCabe