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HomeMy WebLinkAbout14-6800 r i Joseph A. Maldjian and In the Court of Common Pleas of Mariana Maldjian Cumberland//County, Pennsylvania No. (J1 O Civil Term vs Charles R. Bloomquist, et al. PRAECIPE To the Prothonotary: Plaintiffs Joseph and Mariana Maldjian,by and through undersigned counsel, hereby request that the enclosed Commonwealth of Pennsylvania, Cumberland County Subpoena be issued to AgChoice Farm Credit, c/o Darrell Curtis, President, 5000 Ritter Rd., Suite 101, Mechanicsburg, PA 17055 to produce documents in connection with a pending lawsuit in Davie County North Carolina Superior Court(case no. 14-cv-115). J� C, David D. Buell,Prothonotary 20 Attorney Info: Andrew L.Fitzgerald Att rney for Plaintiff Margaret S. Shipley Wall Esleeck Babcock LLP 1076 West Fourth Street ''i S��S �� � { Winston-Salem,NC 27101 a,� Q 14 l 2 3>3 00/ 3138c q CERTIFICATE OF SERVICE The undersigned does hereby certify that he has this day duly served the foregoing document in this action or their legal counsel of record by depositing a copy of same in the United States mail,postage prepaid, addressed as follows: Stuart H. Russell, Esq. Lorin Lapidus, Esq. Wilson Helms & Cartledge, LLP 110 Oakwood Drive, Suite 400 Winston Salem,NC 27103 This the day of November, 2014. AN EW L. FIT�G_ RALD N.C. State Bar No. 1522 MARGARET S. SHIPLEY N.C. State Bar No. 44777 G. MATTERN YORK N.C. State Bar No. 29531 WALL ESLEECK BABCOCK LLP 1076 W. Fourth Street Winston-Salem, NC 27101 Telephone: (336) 722-6300 Facsimile: (336) 722-1993 STATE OF NORTH CAROLINA FdeNo. ' 14 CVS 115 DAVIE County In The General Court Of Justice E] District ® Superior Court Division JOSEPH A.MALDJIAN,et al. Additional File Numbers VERSUS CHARLES R.BLOOMQUIST,et al. SUBPOENA G.S. 1A-1,Rule 45;G.S.8-59 Party Requesting Subpoena NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas maybe produced at your request,but ®State/Plaintiff ❑ Defendant must be signed and issued by the office of the Clerk of Superior Court,or by a magistrate or judge. TO Name And Address Of Person Subpoenaed Alternate Address AgChoice Farm Credit c/o Darrell Curtis,President 5000 Ritter Rd. Suite 101 Mechanicsburg PA 17055 Telephone No. Telephone No. (800)349-3568 YOU ARE COMMANDED TO: (check all that apply): ❑ appear and testify, in the above entitled action, before the court at the place, date and time indicated below. ❑ appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below. X❑ produce and permit inspection and copying of the following items, at the place, date and time indicated below. ❑ See attached list. (List here ifspace sufficient) All documentation regarding any loans taken out by Charles R.Bloomquist and any correspondence between AgChoice and Charles R.Bloomquist regarding same from January 2012 through the present date. Name And Location Of Court/Place Of Deposition/Place To Produce Date To Appear/Produce Wall Esleeck Babcock LLP 12/08/2014 1076 West Fourth Street Time To Appear/Produce Winston-Salem NC 27101 10:00 ❑X AM [-] PM Name And Address Of Applicant Or Applicant's Attorney Date Andrew L.Fitzgerald /i—/&-_2 1076 West Fourth Street Signature Winston-Salem NC 27101 Telephone No.Of Applicant Or Applicant's Attorney ❑ Deputy CSC ❑ Assistant�C ❑ Clerk Of Superior Court ❑ Superior Court Judge 336-714-7387 ❑ Magistrate ❑X Attorney/DA ❑ District Court Judge RETURN OF SERVICE I certify this subpoena was received and served on the person subpoenaed as follows: By ❑ personal delivery. ❑ registered or certified mail, receipt requested and attached. ❑telephone communication by Sheriff(use only/bra witness subpoenaed to appear and testify). ❑ telephone Communication by local law enforcement agency(use only fora witness subpoenaed to appear and testify in a criminal case). NOTE TO COURT: If the witness was served by telephone communication from a local law enforcement agency in a criminal case,the court may not issue a show cause order or order for arrest against the witness until the witness has been served personally with the written subpoena. ❑ I was unable to serve this subpoena. Reason unable to serve: Service Fee ❑ Paid I Date Served Name Of Authorized Server(Type Or Print) Signature Of Authorized Server Title $ ❑ Due NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered,mailed or faxed to the attorney for each party in this case. If a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases. AOC-G-100,Rev.5/13 (Please See Reverse Side) Q 2013 Administrative Office of the Courts NOTE: Rule 45, North Carolina Rules of Civil Procedure,Subsections(c)and(d). (c)Protection Of Persons Subject To Subpoena (1)Avoid undue burden or expense.-A party or an attorney responsible for the (6)Order to compel,expenses to comply with subpoena.-When a court enters an order issuance and service of a subpoena shall take reasonable steps to avoid imposing compelling a deposition or the production of records,books,papers,documents, an undue burden or expense on a person subject to the subpoena.The court shall electronically stored information,or other tangible things,the order shall protect any enforce this subdivision and impose upon the party or attorney in violation of this person who is not a party or an agent of a party from significant expense resulting from requirement an appropriate sanction that may include compensating the person unduly complying with the subpoena.The court may order that the person to whom the subpoena burdened for lost earnings and for reasonable attorney's fees. is addressed will be reasonably compensated for the cost of producing the records,books papers,documents,electronically stored information,or tangible things specified in the (2)For production of public records or hospital medical records -Where the subpoena. subpoena commands any custodian of public records or any custodian of hospital medical records,as defined in G.S.8-44.1,to appear for the sole purpose of producing (7)Trade secrets;confidential information.-When a subpoena requires disclosure of a certain records in the custodian's custody,the custodian subpoenaed may,in lieu of trade secret or other confidential research,development,or commercial information,a personal appearance,tender to the court in which the action is pending by registered or court may,to protect a person subject to or affected by the subpoena,quash or modify certified mail or by personal delivery,on or before the time specified in the subpoena, the subpoena,or when the party on whose behalf the subpoena is issued shows a certified copies of the records requested together with a copy of the subpoena and an substantial need for the testimony or material that cannot otherwise be met without affidavit by the custodian testifying that the copies are true and correct copies and that undue hardship,the court may order a person to make an appearance or produce the the records were made and kept in the regular course of business,or if no such records materials only on specified conditions stated in the order. are in the custodian's custody,an affidavit to that effect.When the copies of records are personally delivered under this subdivision,a receipt shall be obtained from the person receiving the records.Any original or certified copy of records or an affidavit delivered (8)Order to quash:expenses.-When a court enters an order quashing or modifying the according to the provisions of this subdivision,unless otherwise objectionable,shall be subpoena,the court may order the party on whose behalf the subpoena is issued to pay admissible in any action or proceeding without further certification or authentication. all or part of the subpoenaed person's reasonable expenses including attorney's fees. Copies of hopital medical records tendered under this subdivision shall not be open to inspection or copied by any person,except to the parties to the case or proceedings and their attorneys in depositions,until ordered published by the judge at the time of the (d)Duties In Responding To Subpoena hearing or trial.Nothing contained herein shall be construed to waive the physician- patient privilege or to require any privileged communication under law to be disclosed. (1)Form of response.-A person responding to a subpoena to produce records,books, documents,electronically stored information,or tangible things shall produce them as (3)Written objection to subpoena.-Subject to subsection(d)of this rule,a person they are kept in the usual course of business or shall organize and label them to commanded to apear at a deposition or to produce and permit the inspection and correspond with the categories in the request. copying of records,books,papers,documents,electronically stored information,or tangible things may,within 10 days after service of the subpoena or before the time (2)Form of producing electronically stored information not specified -If a subpoena specified for compliance if the time is less than 10 days after service,serve upon the does not specify a form for producing electronically stored information,the person party or the attorney designated in the subpoena written objection to the subpoena, responding must produce it in a form or forms in which it ordinarily is maintained or in a setting forth the specific grounds for the objection.The written objection shall comply reasonably useable form or forms. with the requirements of Rule 11.Each of the following grounds may be sufficient for objecting to a subpoena: a.The subpoena fails to allow reasonable time for compliance. (3)Electronically stored information in only one form.-The person responding need not produce the same electronically stored information in more than one form. b.The subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection. (4)Inaccessible electronically stored information.-The person responding need not c.The subpoena subjects a person to an undue burden or expense. provide discovery of electronically stored information from sources that the person d.The subpoena is otherwise unreasonable or oppressive. identifies as not reasonably accessible because of undue burden or cost.On motion to e.The subpoena is procedurally defective. compel discovery or for a protective order,the person responding must show that the information is not reasonably accessible because of undue burden or cost.If that (4)Order of court required to override objection.-If objection is made under showing is made,the court may nonetheless order discovery from such sources if the subdivision(3)of this subsection,the party serving the subpoena shall not be entitled to requesting party shows good cause,after considering the limitations of Rule 26(b)(1 a). compel the subpoenaed person's appearance at a deposition or to inspect and copy The court may specify conditions for discovery,including requiring the party that seeks materials to which an objection has been made except pursuant to an order of the court. discovery from a nonparty to bear the costs of locating,preserving,collecting,and If objection is made,the party serving the subpoena may,upon notice to the producing the electronically stored information involved. subpoenaed person,move at any time for an order to compel the subpoenaed person's appearance at the deposition or the production of the materials designated in the (5)Specificity of objection.-When information subject to a subpoena is withheld on the subpoena.The motion shall be filed in the court in the county in which the deposition objection that it is subject to protection as trial preparation materials,or that it is or production of materials is to occur. otherwise privileged,the objection shall be made with specificity and shall be supported by a description of the nature of the communications,records,books,papers, (5)Motion to quash or modify subpoena.-A person commanded to appear at a trial, documents,electronically stored information,or other tangible things not produced, hearing,deposition,or to produce and permit the inspection and copying of records, sufficient for the requesting party to contest the objection. books,papers,documents,electronically stored information,or other tangible things, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service,may file a motion to quash or modify the subpoena.The court shall quash or modify the subpoena if the subpoenaed person demonstrates the existence of any of the reasons set forth in subdivision(3)of this subsection.The motion shall be filed in the court in the county in which the trial,hearing, deposition,or production of materials is to occur. INFORMATION FOR WITNESS NOTE: if you have any questions about being subpoenaed as a witness,you should contact the person named on Page One of this Subpoena in the box labeled"Name And Address Of Applicant Or Applicant's Attorney." DUTIES OF A WITNESS BRIBING OR THREATENING A WITNESS • Unless otherwise directed by the presiding judge,you must answer all questions It is a violation of State law for anyone to attempt to bribe,threaten,harass,or asked when you are on the stand giving testimony. intimidate a witness.If anyone attempts to do any of these things concerning your • In answering questions,speak clearly and loudly enough to be heard. involvement as a witness in a case,you should promptly report that to the district • Your answers to questions must be truthful. attorney or the presiding judge. • If you are commanded to produce any items,you must bring them with you to WITNESS FEE court or to the deposition. A witness under subpoena and that appears in court to testify,is entitled to a small • You must continue to attend court until released by the court.You must continue daily fee,and to travel expense reimbursement,if it is necessary to travel outside the to attend a deposition until the deposition is completed. county in order to testify.(The fee for an"expert witness"will be set by the presiding judge.)After you have been discharged as a witness,if you desire to collect the statutory fee,you should immediately contact the Clerk's office and certify your attendance as a witness so that you will be paid any amount due you. AOC-G-100,Side Two,Rev.5/13 ©2013 Administrative Office of the Courts COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Plaintiff File No. VS. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: AGCHOICE FARM CREDIT (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: All documentation regarding any loans taken out by Charles R. Bloomquist and any correspondence between AgChoice and Charles R. Bloomquist regarding same from January 2012 through the present date at Wall Esleeck Babcock, LLP, 1076 West Fourth Street, Winston-Salem, NC 27101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20) days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Andrew L.Fitzgerald ADDRESS: Wall Esleeck Babcock,LLP 1076 West Fourth Street Winston-Salem,NC 27101 TELEPHONE: 336-722-6300 SUPREME COURT ID#NC state Bar N..31522 ATTORNEY FOR: Plaintiff's BY THE COURT: Prothonotary,Civil Division Date: Seal of the Court Deputy BLAKINGER, BYLER & THOMAS, P.C. By: Seth W. Hiller, Esquire Attorney I.D. #319593 James H. Thomas, Esquire Attorney I.D. #19524 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Charles R. Bloomquist =i"rHU 2U15 -7 PH 3:' CUMBERLAND CQUN T Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOSEPH A. MALDJIAN & MARIANA MALDJIAN Plaintiff No. 14-6800 Civil Term v. CHARLES R. BLOOMQUIST Defendant MOTION OF CHARLES R. BLOOMQUIST TO QUASH SUBPOENA ISSUED BY PLAINTIFF 1. Movant is Charles R. Bloomquist ("Bloomquist"), with a mailing address at P.O. Box 96, Curryville, PA 16631. 2. Bloomquist is a defendant in litigation filed in Davie County, North Carolina, Case No. 14 CVS 115. 3. Pennsylvania law permits a foreign jurisdiction to submit a subpoena for discovery within Pennsylvania to a prothonotary in Pennsylvania. 42 Pa.C.S.A. §5331 et seq. 4. The Pennsylvania Rules of Civil Procedure ("Pa.R.C.P.") and related statutes "shall apply" to all subpoenas: 42 Pa.C.S.A. §5336. 5. A party seeking production from a person not a party to the action must provide the opposing party with twenty days written notice prior to serving the subpoena. The opposing {00778274 / (32874.001)1 party may object to the subpoena prior to the subpoena being served. Pa.R.C.P. No. 4009.21 et seq. 6. Pa.R.C.P. 4009.24 provides the form for providing notice to the opposing party. 7. On November 21, 2014, Plaintiff requested the issuance of a subpoena to produce documents from the Office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to 42 Pa.C.S.A §5335. A true and correct copy of the request is attached hereto and incorporated as Exhibit "A". 8. On November 24, 2014, the Prothonotary of Cumberland County issued a subpoena for the production of documents, a true and correct copy of which is attached hereto and incorporated as Exhibit "B" ("Subpoena"). 9. On December 19, 2014, AgChoice Farm Credit received the Subpoena from Plaintiffs requesting "all documentation regarding any loans taken out by Charles R. Bloomquist and any correspondence between AgChoice and Charles R. Bloomquist regarding same from January 2012 through the present date." 10. Plaintiff failed to provide twenty day notice to Bloomquist of the intent to serve the Subpoena in accordance with the notice rules of Pa.R.C.P No. 4009.21 et seq. 11. Furthermore, the document request by Plaintiff is overly broad, and includes confidential information regarding the Bloomquist's personal finances, business records, and real estate entirely unrelated to the North Carolina real estate purchase that is the subject of the current litigation. 12. AgChoice Farm Credit is not a party to the action between Bloomquist and Plaintiff. 13. AgChoice Farm Credit has no interest in, and does not hold a mortgage related to, any property associated with the litigation between Bloomquist and Plaintiff. {00778274 / (32874.001)) 14. The document request by Plaintiff lacks relevance because AgChoice Farm Credit is not a party to, and has no interest in, the action between Bloomquist and Plaintiff and the request for documentation is not sufficiently limited in its scope, document type, content sought, author, or date and concerns matters totally unrelated and irrelevant to the action between Bloomquist and Plaintiff. 15. In addition, AgChoice Farm Credit is a government sponsored instrumentality operating under the authority of the Farm Credit Administration, an independent federal agency ("FCA"). 16. By virtue of their operation under the FCA, AgChoice Farm Credit is subject to FCA regulations. 17. The FCA has promulgated specific regulations pertaining to the production of documents. Specifically, 12 CFR § 618.8300 forbids a FCA association, a definition that includes AgChoice Farm Credit, from disclosing any information not ordinarily contained in ordinary published reports or press releases. 18. 12 CFR §618.8320 forbids a FCA institution such as AgChoice Farm Credit from disclosing specific documents pertaining to borrowers, or applicants for loans. Such documents forbidden from disclosure include, in relevant part, loan documents and "letters and statements relative to the character, credit standing, and property of borrowers and applicants [.1" 19. AgChoice Farm Credit's employees may only produce documents "if a court of competent jurisdiction issues a lawful order signed by a judge." 12 CFR §618.8330. 20. The Defendant has failed to comply with the procedures necessary to secure the production of AgChoice Farm Credit's documentation as it has failed to comply with federal regulations listed at 12 CFR §§618.8300, 618.8320, 618.8330. {00778274/ (32874.001)) 21. Further, the determination of what, documentation is relevant to the action between Bloomquist and Plaintiff is a burden to the Court in Cumberland County, and is properly decided in a discovery request before a North Carolina court familiar with the current litigation. 22. Therefore, the Plaintiff has failed to comply with the Pa.R.C.P. pertaining to the issuance of the Subpoena, the Subpoena request for production of documents is overly broad and irrelevant, and the Plaintiff has failed to comply with FCA regulations regarding the production of documents from AgChoice Farm Credit. WHEREFORE, Charles R. Bloomquist respectfully requests that this Honorable Court confirm that the Subpoena which requests the production of documents is overly broad and fails to comply with the Pa.R.C.P. and FCA regulations and that said Subpoena be QUASHED. BLAKINGER, BYLER & THOMAS, P.C. Dated: 7 - By: {00778274/ (32874.001)} u/(-1-47( Seth W. Hiller, Esquire Attorney I.D. #319593 James H. Thomas, Esquire Attorney I.D. #19524 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Charles R. Bloomquist ,VgfRIFICATJON. 1, CHARLES R. BLOOMQUIST, verify that the statements made in th foregoing Motion of Charles R. 13lootnquist to Quash Subpoena Issued By Plaintiff are true at u orreet.to the best of my knowledge, iaformation and belief. I understand that false statemen herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn fal.'l fication to authoisitie. Date: 1 (3274001)) Charles R.. Bloomquist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOSEPH A. MALDJIAN & MARIANA MALDJIAN Plaintiff No. 14-6800 Civil Term v. CHARLES R. BLOOMQUIST Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Motion of Charles R. Bloomquist to Quash Subpoena Issued by Plaintiff upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by mail to the following individuals: Dated: Lorin J. Lapidus, Esquire Wilson Helms & Cartledge 110 Oakwood Drive, Suite 400 Winston-Salem, NC 27103 Andrew Fitzgerald, Esquire Wall Esleeck Babcock, LLP 1076 West Fourth Street Winston-Salem, NC 27101 {00778274/ (32874.001)) By: d Seth W. Hiller, Esquire Attorney I.D. #319593 James H. Thomas, Esquire Attorney I.D. #19524 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Charles R. Bloomquist 'A Andrew L. Fitzgerald 336-714-7396 Direct 336-714-7387 Fax afitzgeraldewebllp.com www,webllp.com November 21, 2014 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square, Suite 100 Carlisle, PA 17013 Re: Joseph A. Maldjian, et al. v. Charles R. Bloornquist, et al. Davie County North Carolina Case No. 14 CVS 115 Dear Sir or Madam: Enclosed please find the following: 1 A Praecipe requesting the issuance of a subpoena; 2. A North Carolina Subpoena directed to AgChoice Farm Credit in connection with the above -referenced matter in Davie County, North Carolina Superior Court; 3 A draft of a Cumberland County Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 directed to AgChoice Farm Credit and incorporating the terms used in the enclosed North Carolina Subpoena; and 4. A check in the amount of $119.25 to cover the filing/issuance fee. Pursuant to 42 Pa.C.S.A § 5335 and Rule 4009.22 of the Pennsylvania Rules of Civil Procedure, please issue the appropriate subpoena and return the original, issued Subpoena to my attention in the enclosed, self-addressed, postage prepaid envelope so that we may properly serve AgChoice Farm Credit. Should you have any questions or concerns regarding the enclosed, please do not hesitate to contact my office. Thank you for your attention to this matter. Since ely, ESLEECK BABCOCK LLP Enclosures WALL ESLEECK BABCOCK LLP _ • - ' 1 ^ _ • 1 - L. Fitzgerald cc: Stuart Russell, Esq. Lorin Lapidus,, Esq. Andy Fitzgerald, Esq. Joseph A. Maidjian and Mariana Maldjian VS Charles R. Bloomquist, et al. PRAECIPE To the. Prothonotary: In the Court of Common Pleas of Cumberland. County, Pennsylvania No, Civil Term Plaintiffs Joseph and Mariana Maldjian, by and through undersigned counsel, hereby request that the enclosed Commonwealth of Pennsylvania, Cumberland County Subpoena be issued to AgChoice Farah Credit, do Darrell Curtis, President, 5000 Ritter Rd., Suite 101, Mechanicsburg, PA 17055 to produce documents in connection with a pendint lawsuit in Davie County North Carolina Superior Court (case no. 14-cv=115).. David D. Buell, Prothonotary iktf- f 4: Attorney Info: Andrew L. Fitzgerald 'Margaret, Margaret S.. Shipley Wall Esleeck Babcock LLP 1076 West Fourth Street Winston-Salem, NC 27101 20 Attbmey for plaintiff CERTIFICATE OF SERVICE The undersigned does hereby certify that he has this day duly served the foregoing document in this action or their legal counsel of record by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Stuart H. Russell, Esq. Lorin Lapidus, Esq. Wilson Helms & Cartledge, LLP 110 Oakwood Drive, Suite 400 Winston Salem, NC 27103 SN - This the 4 day of November, 2014. ANDREW L. FITZGERALD N.C. State Bar No. 311522 MARGARET S. SHIPLEY N.C. State Bar No.44777 G. MATTERN YORK N.C. State Bar No. 29531 WALL ESLEECK BABCOCK LLP - 1076 W. Fourth Street Winston-Salem, NC 27101 Telephone: (336) 722-6300 Facsimile: (336) 722-1993 STATE OF NORTH CAROLINA DAVIE County File No. 14 CVS 11.5 In The General Court Of Justice ❑ District 0 Superior Court Division JOSEPH A. MALDJIAN, et at. Additional File Numbers VERSUS SUBPOENA G.S. 1A-1, Rule 46; O.S. 8-59 CHARLES R. BLOOMQUIST, et al. Party Requesting Subpoena Slate/Plaintiff ❑ Defendant NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, but must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate cr./ridge: 0 TO Name And Address Of Person Subpoenaed AgChoice Farm Credit do Darrell Curtis, President 5000 Ritter Rd, Suite 101 Mechanicsburg PA 17055 Alternate Address Telephone No, (800) 349-3568 Telephone No. YOU ARE COMMANDED ❑ appear and testify, ❑ appear and testify, TO: (check all that apply): in the above entitled action, before the court at the place, date and time indicated below. in the above entitled action, at a deposition at the place, date and time indicated. below. permit inspection and copying of the following items, at the place, date and time indicated below. list. (List here if space sufficient) regarding any loans taken out by Charles R. Bloomquist and any correspondence between AgChoice and regarding same from January 2012 through the present date. a produce and 0 See attached All documentation Charles R. Bloomquist Name And Location Of Court/Place Of Deposition/Place To Produce Wall Esleeck Babcock LLP 1076 West Fourth Street Winston-Salem NC 27101 Date To Appear/Produce 12/08/2014 Time To Appear/Produce El 10:00 AM ❑ PM Name And Address Of Applicant Or Applicants Attorney Andrew L. Fitzgerald 1076 West Fourth Street Winston-Salem NC Date /(ti. ), /,.--/ 27101 Srgnafure/f�r�� j } Telephone No. Of Applicant Or Applicant's Attorney 336-714-7387 ❑ Deputy, CSC ❑ AssistantsCSC ❑ Clerk Of Superior Court ❑ Superior Court Judge ❑ Magistrate ® Attomey/DA ❑ District Court Judge RETURN OF SERVICE I By certify this subpoena [] personal delivery. ❑ telephone ❑ telephone NOTE TO COURT: may not issue was received and served on the person ❑ registered or certified communication by Sheriff (use only fora witness subpoenaed communication by local law enforcement agency If the witness was served by telephone communication a show cause order or order for arrest against the witness to serve this subpoena. Reason unable to serve: subpoenaed as follows: mail, receipt requested and attached. to appear and testifyi), (use only for a witness subpoenaed to appear and testify in a criminal case). from a focal law enforcement agency in a criminal case, the court until the witness has been served personally with the written subpoena. , • I was unable Service Fee 1-1 ❑ Paid $ ❑ Due Date Served Name Of Authorized Server (Type Or Print) Signature Of Authorized Server Title NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in this case. If a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases. (Please See Reverse Side) AOC -G-100, Rev. 5/13 © 2013 Administrative Office of the Courts NOTE: Rule 45, North Carolina Rules of Civil Procedure, Subsections (c) and (d), (c) Protection Of Persons Subject To Subpoena (1) Avoid undue burden or expense. - A party or an attorney responsible for the Issuance and service of a subpoena shall lake reasonable steps to avoid imposing art undue burden or expense on a person subject to the subpoena.The court shall enforce this subdivision and impose upon the party or attorney in violation of this requirement an appropriate sanction that may Include compensating the person unduly burdened for lost earnings and for reasonable attorneys fees. (2) For production of public records or hospital medical records. - Where the subpoena commands any custodian of public records or any custodian of hospital medical records, as defined in G.S. 8-44.1, to appear for the sole purpose of producing certain records in the custodian's custody, the custodian subpoenaed may, in lieu of personal appearance, tender to the court in which the action is pending by registered or certified mail or by personal delivery, on or before the lime specified in the subpoena, certified copies of the records requested together with a copy of the subpoena and an affidavit by the custodian testifying that the copies are true and correct copies and that the records were made and kept in the regular course of business, or If no such records are in the custodian's custody, an affidavit to that effect. When the copies of records are personally delivered under this subdivision, a receipt shall be obtained From the person receiving the rrecords. Any original or certified copy of records or an affidavit delivered according to the provisions of this subdivision, unless otherwise objectionable, shalt be admissible ih any action or proceeding without further certification or authentication. Copies of hopltal medical records tendered under this subdivision shall not be open to inspection or copied by any person, except to the parties to She case or proceedings and their attorneys in depositions, until ordered published by the Judge at the time of the hearing or trial. Nothing contained herein shall be construed to waive the physician - patient privilege of to require any privileged communication under law to be disclosed. • (3) Written obiection to subpoena. Subject to subsection (d) of this rule, a person commanded to apear at a deposition or to produce and permit the inspection and copying of records, books, papers, documents, electronically stored information, or tangible things may, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, serve upon the party or the attorney designated In the subpoena written objection to the subpoena, setting forth the specific grounds for the objection. The written objection shall comply with the requirements of Rule 11. Each of the following grounds may be sufficient for objecting to a subpoena: a. The subpoena falls to allow reasonable time for compliance. b. The subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection. c. The subpoena subjects a person to an undue burden or expense. d. The subpoena is otherwise unreasonable or oppressive. e. The subpoena Is procedurally defective. (4) Order of court reouired to override obiection. If objection is made under subdivision (3) of this subsection, the party serving the subpoena shall not be entitled to Compel the subpoenaed person's appearance at a deposition or to inspect and copy materials to which an objection has been made except pursuant to an order of the court, If objection is made, the party serving the subpoena may, upon notice to the subpoenaed person, move at any time for an order to compel the subpoenaed person's appearance at the deposition or the production of the materials designated In the subpoena. The motion shall be filed in the court in the county in which the deposition or production of materials is to occur. (5) Motion to Quash or modify subpoena. - A person commanded to appear at a trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers, documents, electronically stored information, or other tangible things, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, may file a motion to quash or modify the subpoena. The court shall quash or modify the subpoena If the subpoenaed person demonstrates the existence of any of the reasons set forth in subdivision (3) of this subsection. The motion shall be fled in the court in the county in which the trial, hearing, deposition, or production of materials is to occur. (6) Order to compel: expenses to comply with subpoena. , When a court enters an order compelling a deposition or the production of records, books, papers, documents, electronically stored information, or other tangible things, the order shall protect any person who is not a party or an agent of a party from significant expense resulting from complying with the subpoena The court may order that the person to whom the subpoer is addressed will be reasonably compensated for the cost of producing the records, book papers, documents, electronically stored information, or tangible things specified in the subpoena. (7) Trade secrets; confidential information, - When a subpoena requires disclosure of a trade secret or other confidential research, development, or commercial information, a court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or when the party on whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot otherwise be met without undue hardship, the court may order a person to make an appearance or produce the materials only on specified conditions stated in the order. (B) Order to mash: expenses. - When a court enters an order quashing or modifying the subpoena, the court may order the party on whose behalf the subpoena is Issued to pay all or part of the subpoenaed person's reasonable expenses Including attorneys fees, (d) Duties In Responding TO Subpoena (1) Form of response. - A person responding to a subpoena to produce records, books, documents, electronically stored information, or tangible things shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories In the request. (2) Form of producing electronically stored information not specified. - If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it In a form or forms to which It ordinarily is maintained or in a reasonably useable form or forms. (3) Electronically stored information in only one form. -The person responding need not produce the same electronically stored information in more than • one form. (4) Inaccessible electronically stored information. -The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden of cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing Is made, the court may nonetheless order discovery from such sources If the requesting party shows good cause, after considering the limitations of Rule 26(b)(1 a). The court may specify conditions for discovery, including requiring the party that seeks discovery from a nonparty to bear the costs of locating, preserving, collecting, and producing the electronically stored information involved. (5) Specificity of obiection. - When information subject to a subpoena is withheld on the objection that It is subject to protection as trial preparation materials, or that It is otherwise privileged, the objection shall be made with specificity and shall be supported by a description of the nature of the communications, records, books, papers, documents, electronically stored information, or other tangible things not produced, sufficient for the requesting party to contest the objection. .M,rwaL«�...i-� �.o:.�t-=.oma=---•.-.�3 INFORMATION FOR WITNESS NOTE: If you have any questions about being subpoenaed as a witness, you should contact the person named on Page One of this Subpoena in the boxlabeled 'Name And Address Of Applicant Or Applicant's Attorney." DUTIES OF A WITNESS • Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving testimony. • In answering questions, speak clearly and loudly enough to be heard. • Your answers to questions must be truthful. • If you are commanded to produce any items, you must bring them with you to court or to the deposition. • You must continue to attend court until released by the court. You must continue to attend a deposition until the deposition is completed. AOC -G-100, Side Two, Rev. 5/13 © 2013 Administrative Office of the Courts BRIBING OR THREATENING A WITNESS It is a violation of Slate law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do airy of these things concerning your involvement as a witness in a case, you should promptly report that to the district attorney or the presiding judge. WITNESS FEE A witness under subpoena and that appears in court to testify, is entitled to a small daily fee, and to travel expense reimbursement, If itis necessary to travel outside the county in order to testify. (The fee for art "expert witness" will be set by the presiding Judge.) After you have been discharged as a witness, if you desire to collect the statutory fee, you should Immediately contact the Clerk's office and certify your attendance as a witness so that you will be paid any amount due you. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Plaintiff File No. VS, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS. FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: AGCHOICE FARM CREDIT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documentation regarding any loans taken out by Charles R, Bloomquist and any correspondence between AgChoice and. Charles R. Blootnquist regarding same from January 2012 through the present date at Wall Esleeck Babcock, LLP, 1076 West Fourth Street, Winston-Salem, NC 27101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Andrew L. Fitzgerald ADDRESS: Wall Esleeck Babcock, LLP 1076 West Fourth Street Winston-Salem, t'C 27101 1 ELEPHONE: 336-722-6300 SUPREME COURT ID # ntc State Bar No, 31522 ATTORNEY FOR: Plaintiffs Date: BY THE COURT: Prothonotary, Civil Division Seal of the Court Deputy Margaret S. Shipley (336) 714-1223 Direct Dial (336) 714-1238 Fax mshipleveweblip.toin wwwstieblIvcom December 16, 2014 VIA CERTIFIED MAIL; RETURN RECEIPT REQUESTED 7012 1010 0001 6967 0654 AgChoice Farm Credit do Darrell Curtis, President 5000 Ritter Rd., Suite 101 Mechanicsburg, PA 17055 Re: Joseph A. Malcljian, et al. v. Charles R. Blooniquist, et al. Davie County North Carolina Case No. 14 CVS 115 Cumberland County Pennsylvania File No. 14-6800 Dear Mr. Curtis: Enclosed please find a Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22, which we hereby serve upon you in connection with the above - referenced matter. The Subpoena directs you to produce documents described in the Subpoena within 20 days of the date of this letter at our office in Winston-Salem. In lieu of an appearance, you may comply with the Subpoena by mailing copies of the documents to my attention at Wall Esleeck Babcock, LLP, 1076 West Fourth Street, Winston-Salem, NC 27101. We will be glad to pay for your reasonable copying, expense. MSS/ckj Enclosures cc: Stuart Russell, Esq. Lorin Lapidus, Esq. Andy Fitzgerald, Esq. Sincerely, WALL ESLEECK BABCOCK LLP Iudv- S • gbit-. Margaret S. Shipley WALL ESLEECK BABCOCK LLP 1 076 WEST FOURTH STREET, WINSTON-SALEM, NORTH CARoLIMA 27101 PH: 33S-7E2-63CM WWW.WEEILLP.COM COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VS. OnYvt f et Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: AGCHOICE FARM CREDIT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documentation regarding any loans taken out by Charles R. Bloomquist and any correspondence between AgChoice and Charles R. Bloomquist regarding same from January 2012 through the present date at Wall Esleeck Babcock, LLP, 1076 West Fourth Street, Winston-Salem, NC. 27101 (Address) You may deliver or mail legible copies of the documents or produce things requested, by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within, twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAmE: Andrew L. Fitzgerald ADDRESS: Wall Esleeck Babcock, LLP 1076 West Fourth Street Winston -Salm, NC 27101 TELEPHONE: 336-722-6300 SUPREME COURT ID #c 51meHarNa 315:2 ATTORNEY FOR: Plaintiffs Date: BY THE CO bt , Civil ivision Deputy i i a` J1�r"ILS THE PRO1I•13HJ!r 2315 NO 14 PH 12: 01 CUMBERLAND COUNTY PENNSYLVANIA JOSEPH A. MALDJIAN & MARIANA MALDJIAN, Plaintiffs v. CHARLES R. BLOOMQUIST, Defendant QCountp of i umbe.riana IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2014-6800 CIVIL TERM IN RE: MOTION TO QUASH SUBPOENA ISSUED BY PLAINTIFF ORDER OF COURT AND NoW, this 13th day of January 2015, upon consideration of the Motion to Quash Subpoena Issued byPlaintiff, a RULE is issued upon Plaintiffs to show cause pp why the subpoenas at issue should not be quashed. DEFENDANT shall effectuate service of this Order and the Motion upon Plaintiffs and shall file proof of service. A HEARING on Defendant's Motion shall be held on 20 February 2015 at 8:45 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania, unless Plaintiffs' response obviates the need for said hearing. Distribution: ,eth W. Hiller, Esq. ./.lames H. Thomas, Esq. ,/Corin Lapidus, Esq. 4/ ndrew Fitzgerald, Esq. ;ES /72-1 // LOS Thomas A. Placey C.P.J.