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Home My WebLink About13-3867 REILLY,JANICZEK& MCDEVITT, P.C. ATTORNEY FOR R.J.M. BY: JENNIFER AXELROD KALLET, ESQUIRE ROOFING, INC. D/B/A BLUE OX IDENTIFICATION NO. 200229 ROOFING c c2 SUITE 410 ~— - ONE SOUTH PENN SQUARE rn Fri PHILADELPHIA,PENNSYLVANIA 19107 U)r `� 7) (215) 972-5200 D � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY'C1 C)t., The Netherlands Insurance Company a/s/o G&A Warehouse, LLC; and G&A Warehouse, LLC, No. I J 3 Plaintiffs, Case Pending In: Supreme Court of the State of New York, V. County of Niagara Case No.: 146450 R.J.M. Roofing, Inc. d/b/a Blue Ox Roofing, Defendant PETITION FOR ISSUANCE OF A SUBPOENA PURSUANT TO COMMISSION Defendant R.J.M. Roofing, Inc. d/b/a Blue Ox Roofing, by its attorneys Smith, Sovik, Kendrick & Sugnet, P.C., hereby request that Reilly, Janiczek& McDevitt, PC Petition this Honorable Court for the issuance of a Subpoena Duces Tecum directed to a non-party and in support hereof aver as follows: 1. This matter arises from a cause of action in the Supreme Court of the State of New York, County of Niagara, Case No.: 146450. 2. Carlisle Syntec is located in Carlisle, Pennsylvania. 3. Defendant requires records and/or information in the possession of Carlisle Syntec as it is believed to have materials and/or knowledge of facts material and relevant to this case. Q 1 �s/D3. 151 Q cp4sow 4. The Honorable Catherine Nugent Panepinto of the Supreme Court for the State of New York, County of Niagara has issued an Order wherein defendant and the law firm of Reilly, Janiczek & McDevitt, P.C. "shall be commissioned and allowed to serve a judicial subpoena duces tecum seeking the records of Carlisle Syntec."See Order and Judicial Subpoena Duces Tecum attached hereto as Exhibit A. WHEREFORE, Defendant respectfully requests that this Court enter an Order directing the Prothonotary to issue a subpoena duces tecum referred to above. Respectfully submitted, Jennifer A, Kallet, Esquire RAly, Janiczek& McDevitt, P.C. The Widener Building One South Penn Square Suite 410 Philadelphia, PA 19107 Karen J. Krogman, Esquire Smith, Sovik, Kendrick& Sugnet, P.C. 250 South Clinton Street, Suite 600 Syracuse, NY 13202-1252 Attorneys for Defendant R.J.M. Roofing, Inc. d/b/a Blue Ox Roofing Dated: j i VERIFICATION I, Jennifer Axelrod Kallet, state that I am one of the attorneys for the Defendant R.J.M. Roofing, Inc. d/b/a Blue Ox Roofing, and I hereby verify that I am authorized to make this Verification on its behalf. To the best of my knowledge, information and belief based upon information provided to me, the responses and assertions set forth in the Petition for Issuance of Subpoena are true and correct. I understand that the statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: 41��V i�-✓ Jelni fifer Axelrod Kallet, Esquire i i i I CERTIFICATE OF SERVICE I, Jennifer Axelrod Kallet, Esquire, certify that Defendant R.J.M. Roofing, Inc. d/b/a Blue Ox Roofing's Petition for Issuance of a Subpoena was served by first class mail on the parties listed below. I � Jenner Axelrod allet, Esquire Edward A. Jaeger, Jr., Esquire White & Williams LLP 1650 Market Street One Liberty Place Suite 1800 Philadelphia, PA 19103 Attorneys for Plaintiff The Netherlands Insurance Company a/s/o G&A Warehouse, LLC and G&A Warehouse, LLC EXHIBIT A SMITH, SOVIK, KENDRICK & SUGNET, P.C. . SUITE 600 250 SOUTH CLINTON STREET- SYRACUSE, NY 13202-1252 (315) 474-2911 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA --------------------------------------------=--------- THE NETHERLANDS INSURANCE COMPANY JUDICIAL SUBPOENA a/s/o G&A WAREHOUSE, LLC; and DUCES TECUM G&A WAREHOUSE, LLC, Plaintiffs, Index No. 146450 -vs- R.J.M. ROOFING, INC. d/b/a BLUE OX ROOFING, Defendant. ------------------------------------------------------ THE PEOPLE OF THE STATE OF NEW YORK TO: Carlisle Syntec 1285 Ritner Highway P.O. Box 7000 Carlisle, PA 17013 GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you produce a complete copy of your entire file and all documents, correspondence, records, notes or memoranda in your possession pertaining to job No. CMD031085N; the roof that this job concerns; any warranties or warranty claims that this job concerns; and any inspections this job concerns at the Law Offices of Smith, Sovik, Kendrick& Sugnet, P.C., 250 South Clinton Street, Suite 600, Syracuse,New York, on or before July 22, 2013 Faiiurz to comply with this subpoena is punishabie.as a contempt of Court and sliall make: you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply. WITNESS, Hon. Catherine Nugent Panepinto, one of the Justices of said Court, County of Niagara,the 240'day of June, 2013. SMITH, SOVIK, KENDRICK & SUGNET, P.C. By: -!�- KareN�ogman, q.�� Attorneys for Defendant RJM Roofing d/b/a Blue Ox Roofing Inc. 250 South Clinton Street, Suite 600 Syracuse,NY 13202-1252 Tel.: (315)474-2911 PLEASE NOTE: This subpoena is for records only and does not require a personal appearance. You may send the records by mail or have a designated representative deliver them to our office on or before July 22, 2013. If you have any questions concerning this subpoena,please Robert P. Cahalan, Esq. at(315) 474-2911. State of Pennsylvania County of being duly sworn, deposes and says: I I am the duly authorized custodian or other qualified witness and have authority to make this certification. 2. To the best of my knowledge, after reasonable inquiry, the records or copies herewith are accurate versions of the documents described in the accompanying authorization, that are in the possession, custody or control of 3. To the best of 'my knowledge, after reasonable inquiry, (check one of the following): ❑ The records or copies produced represent all the documents described in the Job No. CMD031085N. ❑ The records or copies produced do not represent the complete set of documents described because 4. The records or copies produced were made by the personnel or staff of or persons acting under their control, in the regular course of business at the time of the act, transaction, occurrence, or event recorded therein, or within a reasonable time thereafter,and it was a regular course of business to make such records. Signature: Printed Name: Sworn to before me this day of 2013. Notary Public SUPREME COURT OF THE STATE OE NEW YORK COUNTY OF NIAGARA O IGWAL[# LE --- -------------------------------------------------- THE NETHERLANDS INSURANCE COMPANY ORDER MAY 1 2 1� a/s/o G&A WAREHOUSE, LLC; and Wk -'E r.1tAGOW G&A WAREHOUSE, LLC, &GARA COU0 GLERK Plaintiffs, Index No. 146450 -vs- r:2-1 R.J.M. ROOFING,INC. d/b/a BLUE OX ROOFING, AK! f � 4( Defendant. " srrnkks;�� j* p OG t ,rtn� � ,1'elt Defendant R.J.M. ROOFING,INC. d/b/a BLUE OX ROOFING, by and through its attorneys Smith, Sovik,Kendrick& Sugnet, P.C.,having made application for an Order of this Court.authorizing Reilly,-Janiczek&McDevitt,P.C., One South Penn Square, Suite 410, Philadelphia,Pennsylvania 19107,to serve a judicial subpoena truces tecum executed by this court for records,it is hereby ORDERED,that the application of defendant is granted and the law firm of Reilly, Janiczek&McDevitt, P.C., shall be commissioned and allowed to serve a judicial subpoena duces tecum seeking the records of Carlisle Syntec. ENTER. on. Rk PANEFsNT110,J$Q DATED:. Ja ,, 13, ........... . .. . ..... .... ,. . ;.. Lockport,New York MAR.O. X 2013 COURTCLEM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY The Netherlands Insurance Company ; a/s/o G&A Warehouse, LLC; and Q/ G&A Warehouse, LLC, No. ✓ (.� Plaintiffs, Case Pending In: Supreme Court of the State of New York, V. County of Niagara Case No.: 146450 R.J.M. Roofing, Inc. d/b/a Blue Ox Roofing, Defendant ORDER AND NOW, this _2!��rday of 114 2013, upon consideration of Defendant R.J.M. Roofing, Inc. d/b/a Blue Ox Roofing s Petition for Issuance of a Subpoena Duces Tecum, and any response thereto, it is hereby ORDERED that the Prothonotary of Cumberland County, Pennsylvania issue a Subpoena Duces Tecum directed to Carlisle Syntec. BY THE COURT: J. THE NETHERLANDS INSURANCE COMPANY A/S/O G & A WAREHOUSE, COURT OF COMMON PLEAS LLC AND G & A WAREHOUSE, LLC CUMBERLAND COUNTY NO. 13-3867 VS. R.J.M. ROOFING, INC. DB/A BLUE OX CASE PENDING IN; ROOFING SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NIAGARA CASE NO.: 146450 MM F`1......: -<> AFFIDAVIT OF SERVICE =C:) ,e= > I,Jennifer Axelrod Kallet,counsel for Defendant R.J.M. Roofing,d/b/a Blue Ox Room, g im the above entitled action,hereby certifies that on July 31,2013,R.J.M. Roofing,Inc.d/b/a Blue Ox Roofing served a Subpoena on Carlisle Syntec, 1285 Ritner Highway,Carlisle,PA 17013 via hand delivery. (See attached Return of Service Form). Copies of the subpoena were also served on Corporation Service Co. and Prentice Hall Corporation System via certified and regular mail on July 29, 2013. See Attached letter and UPS Confirm Forms. Respectfully submitted, REILLY,JANICZEK& MCDEVITT,P.C. By: Je er Axelro Kallet, Esquire Rei y, Janiczek& McDevitt, P.C. The Widener Building, Suite 410 One South Penn Square Philadelphia; PA 19107 (215) 972-5200 Attorney ID: 200229 . Attorney for R.J.M. Roofing, Inc. d/b/a Blue Ox Roofing REILLY,JANICZEK& McDEVITT,P.C. ATTORNEYS AT LAW NEW JERSEY OFFICE WIDENER BUILDING DEIAWARE OFFICE SUITE 240 1013 CENTRE ROAD KEvoN OFFICE CENTER SUITE 410 SuiTE210 2500 MCCLELLAN BLvo. ONE SOUTH PENN SQUARE WILMINGTON,DE 19805 MEROUNMIIA NJ 08109 PHILADELPHIA,PA 19107 (302)777-1700 (856)317-7180 FAX(302)777-1705 FAX(856)317-7188 (215)972-5200 rAX:(215)972-0405 www.rjm-law.com Jennifer Axelrod KaUet Member PA&NJ Bus jiWlet@drmlaw.com July 25,2013 Carlisle Syntec via hand delivery 1285 Ritner Highway PO Box 7000 Carlisle, PA 17013 Prentice-Hall Corporation System, Inc. —via regular & certified mail 2595 Interstate Drive, Suite 103 Harrisburg, PA 17110 Corporation Service Company-via regular & certified mail 2595 Interstate Drive, Suite 103 Harrisburg, PA 17110 RE: The Netherlands Insurance Co. a/s/o G&A Warehouse,LLC v R.J.M. Roofing, Inc. d/b/a Blue Ox Roofing CCCP 1.3-3867 Dear Sir/Madam: Enclosed please find a Judicial Subpoena Duces Tecum on behalf of defendant relating to the above-captioned matter. As set forth in this Subpoena you have twenty(20) days,until August 14, 2013, within which to make all responsive documents available to our office. A required by law, we will reimburse you for all reasonable copying costs. Pursuant to 42 Pa.C.S.A. § 6152(b), reasonable costs may not exceed $21.08 for searching for and retrieving the records; $1.42 per page for paper copies for the first 20 pages, $1.05 per page for pages 21 through REILLY,JANICZEK&MCDEVITT,P.C. July 25, 2013 Page 2 60, and $35 per page for pages after and including 61; $2.09 per page for copies from microfilm; plus the actual cost of postage, shipping and delivery. Very truly yours, REILLY,JANICZEK&MCDEVITT,P.C. By: 4J *fer Axelrod Kallet JLA/mtb Enclosure cc: Karen Krogman, Esquire (w/enclosure) Edward Jaeger, Esquire(w/enclosure) rvicie Return of S� On the 25th ay of J..uly 2013, 1, Christian 13oege& served'with the foregoing Subpoena by (describe M hod of se`rvici)! Unon con fi r ii n i" &I)pL yment served Kathy Russell Paraleg al—on behalf of Carlisle Svntec, 128 Ritner High-v ay. Carlisle. PA 17013 Efforts tc cony ffnir cei!)t of documents is currently ini progress Witness Fee $0.00 1 verify("fiat he sratern nts in this return of service are U'LlIc and correct. I understand that false statem c.tits hereMa-reingde subject to the penalties Of 18 Pa. C.S.A. § 4904 relating I to unsworn ffitsifidatioh to authorities. 3ufy 3 `x.01:3 Da to Christian Boegel Luke T. Famoly and being sworn, deposes.says he/she has kn.-Owledge of:krvicd from Process Server on the, above named date Carlisle Synt�c Name of Personlerved 10-200-(Ruv • • • <K•1i�ilJ�a/ 3CT�•Tr�Ii7J�i]�� :�' ■ Complete items 1,2,and 3.Also complete . Sig ture item 4 if Restricted Delivery is desired. /� � T'lt;� �Address- so gent ■ Print your name and address on the reverse CC JJ`��that we can return the card to you. B. RVelv (Printed me) C. Date of Delive ■ Attach this card to the back of the mailplece, or on the front if space permits. — 1, Article Addressee.to: D. Is delivery address different from Rem 1? 0 Yes If YES,enter delivery address below: 0 No 3. fiS e T ype rtitied Mail 0 Express Mall gistered 0 Retum Receipt for Merchant n 2 P^ 13 Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7008 3230 0001 4420 0664 (transfer firm serv/ce 1—---,— i . . _ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15 SENDER�-COMPLETE THIS SECTION • Complete items 1,2,and 3.Also complete ature item 4 if Restricted Delivery is desired. Agent • Print your name and address on the reverse L _ Address so that we can return the card to you. g. Rp4lved by(Panted N e) C. Date��offDeliv^ • Attach this card to the back of the mailplece, P or on the front if space permits. — —D. Is delivery address different from item 1? 0 Yes 1, Article Addressed to: If YES,enter delivery address below: 0 No 1N its- 3.jSrvice Type S v 12� /v 3 Certified Mall 13 Express Mail.Registered ❑Return Receipt for Merchand �,/ nAl� /�J�, /� 4 /,1�/D ❑Insured Mail. ❑C.O.D. - - �.` /t- �`��/` 4. Restricted Delivery?(Extra Fee) 0 Yes 2.,Article Number, : ; 1 11 7008 3.230 0001 4420-0657 (transfer.from s&A ice label) - -----T - PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1