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HomeMy WebLinkAbout14-485205/1261496.v1 MARSHALL DENNEHEY WARNER COMEAN & GOGGIN By: Allison M. Domday PA ID No. 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdomday@mdwcg.com Attorney for Giant Food Stores, LLC OF I E ! s racm°- r l�� y AUG /4 PH �9 2: 40 C. Jt 95r1 FAD COUN'''' 1—tNNSYLV' N1 In re: GIANT FOOD STORES, LLC : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. H,418s. /U- : CIVIL ACTION- LAW- MISCELLANEOUS PETITION OF GIANT FOOD STORES, LLC TO INSTITUTE A MISCELLANEOUS ACTION TO ISSUE A SUBPOENA TO EAST PENNSBORO TOWNSHIP POLICE DEPARTMENT Petitioner Giant Food Stores, LLC by and through its undersigned counsel, Marshall Dennehey Warner Coleman & Goggin hereby petitions this Court to establish a Miscellaneous Action in order to issue a subpoena, and avers as follows: 1. The above referenced matter concerns a potential tort claim(s) within Cumberland County, Pennsylvania. 2. The potential cause of action involves a May 14, 2014 incident between an unknown individual and potential Plaintiff, Anthony Spector, that occurred at the Giant grocery store located at 310 East Penn Drive, Enola, PA 17025. 3. Upon information and belief, the incident resulted in injuries to potential Plaintiff, Anthony Spector. 4. To properly investigate and evaluate this matter, Petitioner requires various records, including those maintained by the East Pennsboro Township Police Department. 5. Specifically, Petitioner requests the Investigative Report along with other photographs, video, surveillance video, notes, etc. as set forth in its proposed subpoena attached hereto as Exhibit "A." 6. The information requested is relevant, material, and necessary to the defense and/or claims of Petitioner as the East Pennsboro Township. Police Department conducted an investigation in this incident involving Mr. Spector. 7. This information could not be obtained by any other method other than subpoena. 8. Undersigned counsel for Petitioner Giant Food Stores, LLC certifies she has published a true and correct copy of the within Petition and Proposed Order to Mr. Spector's counsel via email August 7, 2014. 9. Mr. Spector's counsel, Stephen G. Held, Esquire, concurs in the relief requested. Undersigned counsel agrees to publish and true and correct copy of any items received in response to the proposed subpoena. WHEREFORE, Petitioner Giant Food Stores, LLC respectfully requests this Honorable Court enter the attached Proposed Order permitting Petitioner to maintain this Miscellaneous Action in the Cumberland County Court of Common Pleas for the sole purpose of issuing a subpoena (attached as Exhibit A) to the East Pennsboro Township Police Department. Respectfully submitted, )/W, Allison M. Domday, Esquire PA ID No. 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdomdayAmdwcg.com Attorney for Petitioner Giant Food Stores, LLC Date: CERTIFICATE OF SERVICE I hereby certify that I am this 1 day of S I- 2014, serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. Rules of Civil Procedure and by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Stephen G. Held, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Allison M. Domday, Esquire PA ID No. 307547 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Ph. 717-651-3538 Fax: 717-651-3707 Email: amdoinday@mdwcg.com PROTI10N0 TA R 2014 AUG 19 Ali 10: ty 8 CUMBERLAND COUNTY PENNSYLVANIA 05/1261513.v1 In re: GIANT FOOD STORES, LLC : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. )`T -`7D : CIVIL ACTION- LAW- MISCELLANEOUS ORDER GRANTING GIANT FOOD STORES, LLC's PETITION TO INSTITUTE A MISCELLANEOUS ACTION AND NOW, this i < day , 2014, upon consideration of the Petition of Giant Food Stores, LLC, to institute a Miscellaneous Action for the issuance of a subpoena in this jurisdiction, and Mr. Anthony Spector's counsel's concurrence in the Petition, it is hereby ordered and decreed that said Petition is GRANTED. Petitioner, Giant Food Stores, LLC is permitted to issue its subpoena to the East Pennsboro Township Police Department under the Court Term and number assigned to this Miscellaneous Action in the Court of Common Pleas of Cumberland County, PA. riatick (44. R .Iernc6)/ Agy firict/ 211/0g 1 1 DISTRIBUTION LIST: Allison M. Domday, Esquire, Marshall Dennehey Warner Coleman & Goggin, 100 Corporate Center Drive, Suite 201, Camp Hill, PA 17011. Stephen G. Held, Esquire, Handler Henning & Rosenberg, LLP, 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 2