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Home My WebLink About13-4632 F II..E0-0 F f iCi- Gi" THE PPOTHONOTAR'Y COMMONWEALTH OF PENNSYLVANIA 7011 AUG -7 AM 10: OCR COUNTY OF CUMBERLAND CUMBERLAND COUNTY PENNSYLVANIA THE HOUSE OF THE GOOD SHEPHERD Pending in New York Supreme Court County of Oneida, State of New York Plaintiff NY Index No. CA2007- 1300906 VS. NY RJI No. 32 -07 -0609 HENRY S. LEHR; INC., BROWN AND BROWN OF LEHIGH VALLEY, INC., as successor in interest to HENRY S. LEHR, f d! INC., WILLIAM H. LEHR, PATSY A. LEHR, FILE No. ROBERT M. McCORMICK and LAURIE CORIALE, Defendants PETITION FOR ISSUANCE OF FOREIGN SUBPOENA 1. Petitioner, The House of the Good Shepherd, is the Plaintiff in the above captioned case. 2: Respondents, Henry S. Lehr, Inc , Brown and Brown of Lehigh Valley, Inc., as successor in interest to Henry S. Lehr, Inc., William H. Lehr, Patsy A. Lehr, Robert M. McCormick and Laurie Coriale, are Defendants in the above captioned case. 3. The above - captioned case is currently being litigated in the New York Supreme Court in the State of New York and a copy of the foreign subpoena issued is annexed hereto as Exhibit "A ". 4. Petitioner petitions the Prothonotary's Office, Cumberland County, Pennsylvania for the issuance of a foreign subpoena pursuant to 42 Pa. C.S. § 5335 to compel Brown, Schultz, Sheridan & Fritz to attend and testify on August 23, 2013 at 2:00 p.m. at 210 6W 003.7S c ,�# a9 N oal Grandview Avenue, Camp Hill, Pennsylvania 17011 pursuant to the subpoena attached hereto as Exhibit "B ". 5. Attached to said Subpoena is the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. 6. This witness has knowledge of relevant and important information and documents concerning the facts at issue in the above - captioned case and cannot be compelled to testify without the issuance of a Pennsylvania subpoena. 7. Based on the foregoing, Petitioner respectfully requests that the Prothonotary's Office, Cumberland County, Pennsylvania issue the requested subpoena. HIN JHO T LL, imberly M. Kostun, Esquire Date: August 12013 Exhibit A STATE OF NEW YORK SUPREME COURT COUNTY OF ONEIDA THE HOUSE OF THE GOOD SHEPHERD, Plaintiff, VS. HENRY S. LEHR, INC., BROWN AND BROWN 13 60%9 OF LEHIGH VALLEY, INC., as successor in Index No. CA2007- 009ft— interest to HENRY S. LEHR, INC., WILLIAM H. LEHR, RJI No. 32 -07 -0609 PATSY A. LEHR, ROBERT M. McCORMICK and LAURIE CORIALE, Defendants. NON -PARTY JUDICIAL SUBPOENA DUCES TECUM THE PEOPLE OF THE STATE OF NEW YORK TO: BROWN, SCHULTZ, SHERIDAN & FRITZ 210 Grandview Ave., Camp Hill, PA 17011 WE COMMAND YOU, that all business and excuses being laid aside, you and each of you appear and attend before a stenographer at the offices of Brown, Schultz, Sheridan & Fritz, 210 Grandview Ave., Camp Hill, Pennsylvania on August J1 _, 2013 at 2:00 p.m. in the afternoon of that day and at any recessed or adjourned date to give testimony on the part of the plaintiff, and that you produce at the time and place aforesaid the followin : A knowledgeable person to authenticate the Audited Financial Statements prepared for the PATH Trust from the first Statement prepared to the last Statement prepared, together with all correspondence between Brown, Schultz, Sheridan & Fritz and Consolidated Risk Services (CRS); and Brown, Schultz, Sheridan & Fritz and the Workers' Compensation Board; and Brown, Schultz, Sheridan & Fritz and Henry S. Lehr, Inc. The witness is requested to produce true copies of all financial statements (whether audited or unaudited) with respect to the PATH Trust, together with copies of all correspondence related to the PATH Trust whether to and from CRS, Henry S. Lehr, Inc., or any other entity, relating to the PATH Trust, during the period January 1, 2000 through December 31, 2004, including any letters of transmittal or other record showing the dates on which financial statements were sent to the Workers' Compensation Board or to any other entity. ! ! i i i Failure to comply with this subpoena is punishable as a contempt of court and shall 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, one of the Justices of said Court at Utica, Ne the day of July, 2013. Vincent J. Rossi, Jr., Esq. ROSSI AND MURNANE Attorneys for plaintiff Office and P.O. Address: 587 Main Street, Ste. 302 New York Nfills, New York 13417 Tel. No. (315)7334671 I l Exhibit B COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THE HOUSE OF THE GOOD SHEPHERD Plaintiff vs. FILE No. HENRY S. LEHR, INC., BROWN AND BROWN OF LEHIGH VALLEY, INC., as successor in interest to HENRY S. LEHR, INC., WILLIAM H. LEHR, PATSY A. LEHR, ROBERT M. McCORMICK and LAURIE CORIALE, Defendants SUBPOENA TO ATTEND AND TESTIFY TO: BROWN, SCHULTZ, SHERIDAN & FRITZ 210 Grandview Avenue, Camp Hill, PA 17011 1. You are ordered by the court to come to the offices of BROWN, SCHULTZ, SHERIDAN & FRITZ, 210 Grandview Avenue, Cumberland County, Pennsylvania, on August 23, 2013 at 2:00 o'clock P.M. to testify on behalf of the Plaintiff in the above case, and to remain until excused. 2. And bring with you the following: A knowledgeable person to authenticate the Audited Financial Statements prepared for the PATH Trust from the first Statement prepared to the last Statement prepared, together with all correspondence between Brown, Schultz, Sheridan & Fritz and Consolidated. Risk Services (CRS); and Brown, Schultz, Sheridan & Fritz and the Workers' Compensation Board; and Brown, Schultz, Sheridan & Fritz and Henry S. Lehr, Inc. The witness is requested to produce true copies of all financial statements (whether audited or unaudited) with respect to the PATH Trust, together with copies of all correspondence related to the PATH Trust whether to and from CRS, Henry S. Lehr, Inc., or any other entity, relating to the PATH Trust, during the period January 1, 2000 through December 31, 2004, including any letters of transmittal or other record showing the dates on which financial statements were sent to the Workers' Compensation Board or to any other entity. 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) and pursuant to : Name: Kimberly M. Kostun, Esq. of Hinman, Howard & Kattell, LLP Address: 321 Spruce Street, Suite 705 Bank Towers Building Scranton, PA 18503 Telephone: - (570) 558 -5931 Supreme Court ID # 85653 BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy COUNSEL OF RECORD AND /OR UNREPRESENTED PARTIES ( Attorney for Plaintiffl Rossi and Murnane Vincent Rossi, Jr. 587 Main Street, Suite 302 New York Mills, NY 13417 Telephone: 315- 733 -4671 ( Attorney for all Defendants) Daniel W. Coffey, Esquire Bowitch & Coffey 17 Elk Street Albany, New York 12207 Telephone: 518- 813 -9500 i I i i i I I rn Co MM C= COMMONWEALTH OF PENNSYLVANIA G-5 --a COUNTY OF CUMBERLAND — :;Dc_- CJ-, THE HOUSE OF THE GOOD SHEPHERD C) r Plaintiff N) vs. FILE No. 13-4632-Civil HENRY S. LEHR, INC., BROWN AND BROWN OF LEHIGH VALLEY, INC., as successor in interest to HENRY S. LEHR, INC., WILLIAM H. LEHR, PATSY A. LEHR, ROBERT M. McCORMICK and LAURIE CORIALE, Defendants CERTIFICATE OF SERVICE 1, Kimberly M. Kostun, do hereby certify that on the 13th day of August 2013, true and correct copies of the Subpoena to Attend and Testify and Petition for Issuance of a Foreign Subpoena were served upon: Via Certified Return Receipt Mail and Re-gular Mail Brown, Schultz, Sheridan & Fritz 210 Grandview Avenue Camp Hill, PA 17011 Via Regular Mail Daniel W. Coffey, Esq. Bowitch & Coffey 17 Elk Street Albany, NY 12207 m ek4 "ostun