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Home My WebLink About13-6903 GFS REALTY, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSY NI� - Defendant / ?� NO. 2013- 6 q03 - .�r o V. Cj/M CIVIL ACTION - LAW LM BAYRIDGE, INC., `c= 54 Defendant/Counterclaim Plaintiff APPLICATION OF BAYRIDGE, INC. FOR AN ORDER TO TAKE A DEPOSITION IN PENNSYLVANIA FOR ACTION PENDING IN THE STATE OF MARYLAND PURSUANT TO PA.R.C.P. 4007.1(£) and 42 Pa.C.S.A. Section 5326 AND NOW, comes Bayridge, Inc. (hereinafter"Bayridge"), by and through local counsel, Michael A. Scherer, Esquire, and respectfully requests an Order of Court directing the deposition of William Shrader, (hereinafter"Shrader"), and in support thereof avers as follows: 1. Bayridge, the applicant, is the Defendant/Counterclaim-Plaintiff in an action now pending before the Circuit Court for Anne Arundel County of Maryland, entitled: GFS Realty. LLC v. Bayridge, Inc., Docket No. C-13-177640(the "Maryland State Action"). Bayridge and GFS Realty, LLC(the `GFS Realty) are involved in action for declaratory judgment regarding the interpretation of a lease. Specifically,the action involves whether GFS Realty, as tenant, is required to obtain the consent of Bayridge, as landlord, to construct a gas station at the premises owned by the Bayridge. 2. The testimony of William Shrader is relevant, material and necessary as he has knowledge as to whether Bayridge's consent is required as to GFS Realty's construction of a gas station at the premises. Shrader is non-party witnesses who resides in Pennsylvania. On information and belief, Shrader is employed by Ahold USA, 1149 Harrisburg Pike, Carlisle, / Pennsylvania 17013. / 41y 10 3. 75 i' / / J"! C# 2oZ uuT 3. 5D ,5-,6Pc e fId 3. On November 20, 2013, the Circuit Court for Anne Arundel County, Maryland issued a Subpoena to Take Deposition Outside of Maryland for William Shrader ("Shrader Subpoena"), a copy of the Shrader Subpoena is attached hereto as "Exhibit A." 4. Because Shrader is not subject to the subpoena power of the state courts of Maryland, Bayridge requires an Order of this Court compelling Shrader to attend his deposition. 5. In further support of this application, the undersigned states that he is acting at the request and on behalf of Lawrence J. Anderson, F.sq. of Pels Anderson, LLC, 4905 Del Ray Avenue, Suite 507, Bethesda, Maryland who represents Bayridge in the Maryland State Action. 6. No judge has been assigned to this case. 7. GFS Realty, LLC opposes this motion upon information and belief. WHEREFORE, Bayridge requests that this Honorable Court: 1. Issue an Order authorizing the issuance of a subpoena in the form attached as "Exhibit B" in accordance with Pa.R.C.P. 4007.1 (t) and 42 Pa.C.S.A. 5326 to compel William Shrader to attend and submit to a deposition at the offices of Barie Scherer, 19 West South Street, Carlisle, Pennsylvania 17013, on December 4, 2013 at 10:00 a.m.; and, 2. Grant such other relief as the Court deems just and appropriate to compel the testimony of William Shrader. Respectfully submitted, BARIC SCHERER LLC Micha I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 Local counsel for Bayridge, Inc. Dated: November 20, 2013 CIRCUIT COURT FOR ANNE ARUNDEL COUNTY ROBERT P. DUCKWORT14 Clerk of[he Circuit Court Counhouse,P.O.Box 71 Annapolis,Maryland 21404 I. l"I r S -WL�A L 7 , t..L_C. Case Number VS oX Civil ( )Criminal 3F Y K 11)6,F p-X-Nc - SPATE OF MARYLAND,ANNE ARUNDEL COUNTY TO WIT. SUBPOENA To(Name,Address and County): W t ll a v� S 1, f d-G�aT IPiol YOU ARE HEREBY COMMANDED TO'.(,�)Personally appear ( )Personally appear and produce documents or objects;at (Place where attendance is required) m` Wed„<sdT he )� 1 4 � day of Crcg.v�c>er .90 ) 3 at Ifj 1 .m p.m. I YOU ARE COMMANDED TO produce the following documents ar objects: Subpoena requested by( )Plaintiff, ()()Defendant,and any questions should be referred to:Lcs�'oI LI"LE `L .3�>1 —`) �— S S}�� (Nmne o Pany or uorney,Addnrosa�and P`honne NNu�mber)� Date lssuW T1pVawt }>e� 7.?%) 7�-�13 y�p3ey7 `cG..tr ot�vb�r"' Clerk (Sign aap NOTICE: (O YOU ARE LIABLE TO BODY ATTACHMENTAND FINE FOR FAILURE TO OBEY THIS SUBPOENA. (2) ThissuLFcelmdWl remain in eRenwdl yaa art gmmN leawto deport by Ne Coun w byvn oRmervcling wt btltWfMihewuu (3) If this sabpvcna is far auendenca ut v depositbn end Ibc pony servetl is nn argvnimlion.nWice is Lcreby given ILVI Ibc orgnatmlioa most designate a person to testify pursuam to Rule 2-412(d), SHERIFF'S RETURN ( )Served mW ropy deli.d on data mdimmd plow. ( )Unserved,by mason of Date: Fee:$ SHERIFF ORIGINAL AND TWO COPIES NEEDED FOR EACH WITNESS C 4(REV DN9) "EXHIBIT A" IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY,MARYLAND GFS REALTY, LLC, Plaintiff/Counter-Defendant V. Civil No.: C-13-177640 BAYRIDGE,Inc. Defendant/Counter-Plaintiff PLAINTIFFS' NOTICE OF DEPOSITION COMES now,the Bayridge, Inc. (`Bayridge")by and through their undersigned counsel of record, and hereby provides this notice,that Bayridge will take the deposition of William Shrader, upon oral examination before an officer authorized by law that administer oaths as set forth below,or such other date,time and place as may be agreed to by counsel for the parties or Deponent,to be continued from time to time until completed: Date: December 4,2013 Time: 10:00 a.m. Place: Baric Scherer 19 W. South Street - Carlisle,PA The deposition shall be recorded by a court reporter, and may he recorded by video or audiotape. The deposition will be for purposes of discovery, evidence to be used at trial,or for any purpose permitted by the Maryland Rules of Procedure. Respectfully submitted, PELS ANDER ON,LLC Dated:November 20,2013 / awrence S. Anderson,Esq. 4905 Del Ray Avenue Suite 507 Bethesda,MD 20814 (301)986-5570 (301)986-5571 facsimile e-mail:lia@pallaw.com Attorneys for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing document upon all counsel of record by placing a copy of same in the United States Mail,first class,postage prepaid on November 20,2013: Jennifer Kneeland,Esquire 7200 Wisconsin Avenue Suite 800 Bethesda,MD 20814 Michael Scherer 19 W. South Street Carlisle,PA 17013 Lawrence J.Anderson GFS REALTY, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff/Counterclaim- CUMBERLAND COUNTY, PENNSYLVANIA Defendant N0. 2013- v. CIVIL ACTION - LAW BAYRIDGE, INC., Defendant/Counterclaim Plaintiff SUBPOENA TO ATTEND TO: William Shrader Vice President Of Real Estate Ahold USA 1149 Harrisburg Pike Carlisle,Pennsylvania 17013 1. You are directed to come to Baric Scherer LLC, 19 West South Street, Carlisle, Pennsylvania 17013 on Wednesday,December 4, 2013 at 10:00 a.m. to testify on behalf of the Defendant, Bayridge, Inc. in the above case and remain until excused. 2. And bring with you the following: None. If you fail to attend or to produce the documents or things required by this notice to attend, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. BY THE COURT, DATE: By: Prothonotary Seal of the Court: For information concerning this subpoena, contact: Michael A. Scherer,Esquire Baric Scherer LLC 19 West South Street Carlisle,Pennsylvania 17013 "EXHIBIT e" CERTIFICATE OF SERVICE 1, hereby certify that on November 20 , 2013, 1, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Application Of Bayridge, Inc. For An Order 1 0 1 Take A Deposition In Pennsylvania For Action Pending In The State Of Maryland Pursuant To Pa.R.C.P. 4007.1 (f) and 42 Pa.C.S. A. Section 5326, by first class U.S. mail, postage prepaid,to the parties listed below, as follows: Jennifer Kneeland, Esquire 7200 Wisconsin Avenue Suite 800 Bethesda, MD 20814 William Shrader Vice President of Real Estate Ahold USA 1149 Harrisburg Pike Carlisle, Pennsylvania 17013 J n if r Vindsayo 1 1 GFS REALTY, LLC, • IN THE COURT OF COMMON PLEAS OF Plaintiff/Counterclaim- CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2013- 6 903 6,(._ ----7-e--;(779 v. • • CIVIL ACTION - LAW BAYRIDGE, INC., • Defendant/Counterclaim • Plaintiff • ��yyORDER OF COURT AND NOW, this �& day of /64)Ve , 2013, it is hereby ordered, pursuant to Pa.R.C.P. 4007.1 and 42 Pa.C.S.A. Section 5326 that William Shrader appear at Baric Scherer LLC, 19 West South Street, Carlisle, PA 17013 on December 4, 2013 at 10:00 a.m. to give testimony for use in proceedings presently pending before the Circuit Court for Anne Arundel County, Maryland, entitled GFS Realty, LLC v. Bayridge, Inc., Docket No. C-13- 177640. The taking of testimony shall be governed by the Rules of Civil Procedure of the State of Maryland. The Prothonotary of Cumberland County is permitted to authorize a subpoena to compel the appearance and testimony of William Shrader. BY THE COURT, J. —Jennifer Kneeland, Esquire 7200 Wisconsin Avenue, Suite 800 "> ? Bethesda, MD 20814 ._._ William Shrader Vice President of Real Estate Ahold USA xI* -., 1149 Harrisburg Pike Carlisle, PA 17013 - , Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 9p;rs � •"/�/ r�a7//. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r h a. ow Di eitifibet Jody S Smith Chief Deputy ,i DEC .j Richard W Stewart CUMBERLANU GOUN t Solicitor h 'ENNSYLVANI GFS Realty LLC vs. Case Number Bayridge, Inc. (et al.) 2013-6903 SHERIFF'S RETURN OF SERVICE • 12/03/2013 01:47 PM- Deputy Dennis Fry, being duly sworn according to law, served the requested Court Order& Subpoena by handing a true copy to a person representing themselves to be Kris Canneg, Coporate security, who accepted as"Adult Person in Charge"for William Shrader at 1149 Harrisburg Pike, Middesex Twp., Carlisle, PA 17013. DEN • S FRY, D r SHERIFF COST: $34.78 SO ANSWERS, December 05, 2013 RONNK ANDERSON, SHERIFF .;ountySuie.�hent,7eleosof!