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HomeMy WebLinkAbout14-7027LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Joseph A. Ricci, Esquire Attorney ID #49803 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Kavita V. Thakrar, Vs. Sandeep A. Thakrar, Plaintiff Defendant PRD iOdU'', DEC —5 AM 9: 08 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : Docket No.:� l C�. 0 7 0.1 : IN RE: Motion to Quash Subpoenas issued for matter pending before Howard County Maryland Circuit Court, Docket Number: 13-C-12092325 MOTION OF ANIL AND NEEMA THAKRAR FOR PROTECTIVE ORDER OR IN THE ALTERNATIVE TO QUASH SUBPOENAS IMPROPERLY ISSUED PURSUANT TO THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT, 42 Pa.C.S.A. §5331 et. seq. AND NOW COMES Anil Thakrar and Neema Thakrar by and through their attorneys Law Offices Stephen C. Nudel, PC by Stephen C. Nudel, Esquire, and Joseph A. Ricci, Esquire, and request that this Honorable Court issue a Protective Order which relieves the Movants from participating in a deposition on December 10, 2014 or in the alternative issue an Order quashing the Subpoenas issued by Prothonotary David Buell on or about November 24, 2014 for the following reasons: 1. The above captioned matter is an action in divorce which is pending before the Circuit Court of Howard County Maryland at docket number 13-C-12092325. 2. Issues concerning this matter have not been before this Honorable Court at a prior time. C#02//s/ e�3lyii7 3. Neither Anil Thakrar nor Neema Thakrar are parties to the Howard County, Maryland action. 4. On or about November 24, 2014, Cumberland County Prothonotary David Buell issued subpoenas duces tecum directed toward Anil Thakrar and Neema Thakrar pursuant to the Uniform Interstate Depositions and Discovery Act, 42 Pa.C.S.A. §5331, et. seq. See, Subpoenas Duces Tecum collectively attached hereto as Exhibit "A." 5. The subpoenas issued under authority of Cumberland County Prothonotary David Buell were served upon the Movants on the evening of Saturday November 29, 2014. 6. A review of the subpoenas issued to Anil and Neema Thakrar reveal that they include extensive requests for the production of documents. 7. Pursuant to the Uniform Interstate Depositions and Discovery Act, a party seeking a Pennsylvania subpoena is obligated to comply with the requirements of the Pennsylvania Rules of Civil Procedure. 42 Pa.C.S.A. §5336. 8. As noted by the Pennsylvania Superior Court: Pennsylvania Rule of Civil Procedure 4009.21 sets forth the proper procedure for the discovery and production of documents within the control of a nonparty. In pertinent part, the rule states the following: Rule 4009.21. Subpoena Upon a Person Not a Party for Production of Documents and Things. Prior Notice. Objections (a) A party seeking production from a person not a party to the action shall give written notice to every other party of the intent to serve a subpoena at least twenty days before the date of service. A copy of the subpoena proposed to be served shall be attached to the notice. Pa.R.C.P. 4009.21(a). The rule clearly requires that if the production of documents is sought from a nonparty, it must be accomplished by means of a subpoena served on the nonparty. We discussed this particular issue in Leonard v. Latrobe Area Hosp., 379 Pa. Super. 243, 549 A.2d 997 (Pa. Super. 1988), where we stated: Appellees erred procedurally in attempting to obtain from the hospital documents which are in the hands of a third person non-party to the lawsuit. We agree with appellees that relevant documents in the hands of third persons are discoverable. However, the Civil Rules of Procedure delineate the proper discovery procedure to be used when discoverable documents are in the hands of a person not a party to the suit. Rather than request that the appellants retrieve those records in the hands of the non- parties, appellees should have attempted to have the non-parties themselves produce the records. A subpoena duces tecum or an independent action in equity against the non-parties are the methods prescribed by the Rules for obtaining such documents from non-parties. Id. at 999. Barley v. Conrail, 820 A.2d 740, 743 (Pa. Super. Ct. 2003) citing Leonard v. Latrobe Area Hosp., 379 Pa. Super. 243, 549 A.2d 997 (Pa. Super. 1988)(emphasis added).' 9. Pursuant to Pa.R.C.P, 4009.21, a party seeking production of documents and things from a non-party is required to provide notice of their intent to seek production of the various documents requested at least 20 days prior to the issuance of a subpoena. 10. Pursuant to Pa.R.C.P, 4009.23, prior to the issuance of a subpoena to a non-party which requires production of documents, the party seeking the subpoena must certify that they complied with the requirements of Pa.R.C.P. 4009.21. 11. It is believed, and therefore averred that compliance with Pa.R.C.P. 4009.21 and Pa.R.C.P. 4009.23 was neither sought nor obtained. 12. Failure to comply with the requirements of the Pennsylvania Rules of Civil Procedure violates the requirements of the Uniform Interstate Depositions and Discovery Act, 42 Pa. C.S.A. §5336. It should be noted that Standard Pa Procedure.2d advocates a similar conclusion. Specifically, it is noted that when a non-party to be examined by oral deposition is served with a subpoena duces tecum, the party serving the notice should comply with the requirement of Pa.R.C.P. 4009.21. See, Standard Pa. Practice.2d § 36:21. 13. Pursuant to Pa. R.C.P. 4007.1, a party desiring to take the deposition of any person upon oral examination is required to provide reasonable notice of the deposition. 14. The subpoenas duces tecum at issue were served on the Movants on the evening of Saturday November 29, 2014, a holiday weekend. 15. The subpoenas duces tecum at issue compel the appearance of the Movants at a deposition scheduled for December 10, 2014; only, 11 days after service of the subpoenas duces tecum. 16. The subpoenas duces tecum at issue compel the production of an extensive number of documents comprising a three-page list. 17. Pa.R.C.P. 4009.23 allows a person served with a subpoena duces tecum 20 days in which to comply with the subpoena. 18. The Subpoenas Duces Tecum served in the instant matter do not allow reasonable time to gather the requested documents since the Movants were denied the time normally allowed by the Rules of Civil Procedure for the production of documents from a non-party. 19. Moreover, Maryland Rule of Civil Procedure 2-412, which governs Depositions in that State and the State in which the underlying action is pending, notes that: A non-party deponent may be required to produce documents or thither tangible things at the taking of the deposition by a subpoena. If a subpoena requiring the production of documents or other tangible things at the taking the deposition is to be served on a party or non-party deponent, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice and the subpoena shall be served at least 30days before the date do the deposition. Maryland Rule of Civil Procedure 2-412(c) [emphasis added]. 19. Counsel issuing the Subpoenas duces tecum in the instant matter has failed to comply with both Pennsylvania and Maryland law. 20. Pursuant to 42 Pa.C.S.A. §5903 a witness shall be paid a statutory witness fee and mileage allowance when subpoenaed. 21. No witness fee or mileage allowance was tendered to either Anil or Neema Thakrar at the time they were served with the subpoenas at issue. 22. Pursuant to 42 Pa. C.S.A. §5336 the Pennsylvania statutes relating to service of subpoenas apply in this matter. 23. Failure to tender the required statutory witness fees and mileage allowances is a violation of Pennsylvania law and renders the subpoenas invalid. 24. Pursuant to the Uniform Interstate Depositions and Discovery Act, it is proper for this Honorable Court to enter an order which protects the Movants from having to appear at the depositions noticed for December 10, 2014 or in the alternative enter an order which quashes the subpoenas duces tecum at issue. 42 Pa. C.S.A. § 5337. 25. Counsel for Movants contacted Mr. Baum to request that he withdraw the subpoenas at issue or counsel would file a Motion for Protective Order with this Honorable Court. Mr. Baum has refused to withdraw his subpoenas; accordingly, his concurrence has been denied. [space intentionally left blank] WHEREFORE, it is respectfully requested that this Honorable Court enter a protective order which quashes the subpoenas at issue and relieves the Movants from the obligation to appear at the depositions noticed for December 10, 2014. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Date: y Ste. ► n C. Nu.. -1, Esquire P Jose. _ icci, Esquire Pa. ID #49803 Law Offices Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Counsel for Anil and Neema Thakrar COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • Kavita v. Thakrar • Plaintiff : VS File No. 13-C12-092325 Sandeep A, Thakrar Defendant SUBPOENA TO ATTEND AND TESTIFY TO: ANIL THAKRAR 1. You are ordered by the court to come to: Quality Inn Carlisle, 1255 Harrisburg Pike at Carlisle,Cumberland County, Pennsylvania, on Wednesday, December 10, 2014 at 1:00'o'clock PM to testify on behalf of Plaintiff in the above case and to remain until excused. 2. And bring with you the following SEE ATTACHED 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): Name: Robert L. Baum Address: 401 No. Washington St., Ste 500 Rockville, MD 20850 Telephone: 301-610-0610 Date: )(lay Iy Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) BY THE COURT: Prothonotary/Clerk, ivision KAVITA V. THAKRAR IN THE Plaintiff CIRCUIT COURT vs. FOR SANDEEP A. THAKRAR HOWARD COUNTY Defendant Case No. 13-C12-092325 NOTICE OF DEPOSITONS DUCES TECUM YOU ARE NOTIFIED that Plaintiff, Kavita V. Thakrar, pursuant to the terms and provisions of the Maryland Rules of Procedure and the Pennsylvania Rules of CMI Procedure, will take the following depositions before a person duly qualified to administer an oath, at the time and place indicated below, to be continued from time to time until completed, which may be used for the purpose of discovery or evidence at trial or both. Deponent: Date: Neema Thakrar Wednesday December 10, 2014 at 10:00 am Anil Thakrar Wednesday, December 10, 2014 at 1:00 pm The depositions shall commence as above at the Quality Inn Carlisle, 1255 Harrisburg Pike, Carlisle, PA 17013. Respectfully submitted, ROBERT L. BAUM, ESQ. 401 North Washington St, Ste 500 Rockville, Maryland 20850 TEL:(301) 610-0610 Fax: (301)309-9436 E-mail:bob@bobbaumlaw.com Co -counsel for Plaintiff Documents to be Produced Instructions This Subpoena duces tecum requires you to produce at or before your scheduled deposition the documents stated below. Unless otherwise instructed, this subpoena requires production of all responsive materials created after January 1, 2009. Documents which have previously been produced pursuant to the "Agreement for Voluntary Production of Documents" dated on or about November 12, 2014 in this case need not be produced in response to this subpoena. Definitions a) As used herein, the word "documents" and its cognates refer to all writings or other tangible or electronic records including but not limited to, all records, charts, correspondence, notes, memoranda, minutes, letter, e-mails, text messages,inventory records, payroll records, corporate records, bank records, accounting records, logs, work reports, ledgers, books of account, tape or other recordings, contracts, files, photographs, depositions, hearing or trial transcripts, and all other writings or other data compilations of any nature or sort from which information can be obtained, whether inscribed by hand or mechanical, electronic, microfilm, photographic, or other means, as well as phonic (such as recording), or visual reproduction of any oral statement, conversation or event. b) As used herein the word "document" includes all copies, electronic and printed, unless such copies (including any notations and marks thereon) are exact duplicates of documents that are produced. The term "document" includes but in'not limited to "communications" and "statements" as defined below. c) As used herein, the word "communication(s)" or "statements" refers to and includes any contact, oral or written, formal or informal, including without limitation telephonic, text, emails, letter or electronic messaging services, at any time or place, under any circumstances where information was received, recorded, transmitted or transferred. d) This Request is directed to all documents within the possession, custody or control of you, and also includes documents within the possession, custody or control of agents, persons in privity with you, including past or present attorneys but does not include any attorney-client privileged material. Page 1 of 3 e) As used herein, the term "relate", "relating to" and its cognates mean containing, recording, discussing, mentioning, noting, summarizing, referring to, commenting upon, describing, digesting, reporting, listing, analyzing, or studying the subject matter identified in a request. Documents to be Produced 1. All documents which refer or relate to Kavita Verma Thakrar since January 1, 2000. 2. All communications between you and Kavita Verma Thakrar since January 1, 2000. 3. All documents you sent to Sandeep Thakrar which refer or relate to any actual or potential gifts or loans to him from January 1, 2000. 4. All documents you received from Sandeep Thakrar which refer or relate to any actual or potential gifts or loans to him from January 1, 2000. 5. All communications between you and Frederick Coover, Esq. 6. All communications between you and any employee of Coover Law Firm, LLC, 7. All communications between you and Ann Turnbull, Esq. 8. All communications between you and any employee of Turnbull, Nicholson & Sanders, PA. 9. All documents you have received from Sandeep Thakrar which relate or refer to Kavita Verma Thakrar. 10.All documents which relate or refer to the divorce of Sandeep Thakrar, 11.AII documents that refer or relate to: a. Skada Capital b. Capital Legal Search, LLC c. Sandeep, Inc. d. G&T Associated Real Estate Developers e. Sandeep Thakrar Trust Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on the day of /14�/-- , 20141 served a copy of the foregoing upon the following undersigned counsel by first class mail, postage prepaid: Fred L. Coover, Esq. Coover & Barr LLC 10500 Little Patuxent Parkway, Suite 420 Parkside Building Columbia, MD 21044 Counsel for Defendant Michael DeHaven, Esq. Smith, Gildea & Schmidt LLC, 600 Washington Avenue Suite 200 Towson; MD 21204 Counsel for Deponents Anil Thakrar and Neema Thakrar ROBERT L. BAUM, ESQ. CIRCUIT COURT FOR HOWARD COUNTY WAYNE A. ROBEY, CLERK Circuit Court for Howard County - 8360 Court Avenue • Ellicott City, Maryland 21043 i-` Q. hraar- s. Ekd key ii1'2Lrr STATE OF MARYLAND, HOWARD COUNTY 1,2z_/SUBPOENA l 4e A j, To (Name, Address and County): fyj / Case Number /3- c/2 672,3 Z Civil PINK COPY MUST BE FILED WITH THE COURT UPON ISSUANCE YOU/�ARE HEREBY COMMANDED6i-414) ,TO: ( ) Personally appear; (k ))}Personally appear and produce documents or objects; at QAC e /' " I 1y, ,i 6 i- 14 ) ) 2 -A -s Ate? i J I r / ? /Ge C K�'z <-e-- (Place where attendance is required) on f / � , the /O day of Jj lee , 20 / / at YOU ARE COMMANDED TO produce the following documents or objects: Se a e --,6-"f Subpoena requested by ) Plaintiff; ( ) Defendant; and any questions should be referred to: i 9u,/kr, XI( 4j /1,, f s .10-6 /4, /A (Name Of Party or Attorney, Address and Phone Number) Date Issued /7/ ,, /2,eir W CLERK z. ?ti�S-d /l—‘/v- t' /0 (Signature and Sea!) NOTICE: (1) YOU ARE LIABLE TO BODY ATTACHMENT AND FINE FOR FAILURE TO OBEY THIS SUBPOENA. (2) This subpoena shall remain in effect until you are granted leave to depart by the Court or by an officer acting on behalf of the Court. (3) If this subpoena is for attendance at a deposition and the party served is an organization, notice is hereby given that the organization must designate a person to testify pursuant to rule 2-412(d) ( ) ( ) Date: CV -4 SHERIFF'S RETURN Served and copy delivered on date indicated below. Unserved, by reason of Fee: $ SHERIFF ORIGINAL AND ONE COPY NEEDED FOR EACH WITNESS Kavita v. Thakrar VS Sandeep A, Thakrar Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Plaintiff . File No. 13-C12-092325. SUBPOENA TO ATTEND AND TESTIFY TO: NEEMA THAIC2AR 1. You are ordered by the court to come to:Quality Inn Carlisle, 1255 Harrisburg Pike at Carlisle,Cumberland County, Pennsylvania, on Wednesday, December 10, 2014 at 10:00 o'clock AM to testify on behalf of Plaintiff in the above case and to remain until excused. 2. And bring with you the following SEE ATTACHED 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): Name: Robert L. Baum Address: 401 No. Washington St., Ste 500 Rockville, MD 20850 Telephone: 301-610-0610 Date: II lag t Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. BY THE COURT: Prothonotary/Clerk, ivil Di sion (Eff. 7/97) CERTIFICATE OF SERVICE AND NOW, this 5th day of December, I, Joseph A. Ricci hereby certify that the Motion of Anil and Neema Thakrar for Protective Order or in the Alternative to Quash Subpoenas Improperly Issued Pursuant to The Uniform Interstate Depositions and Discovery Act, 42 Pa.C.S.A. §5331 et. seq. was served upon the following individuals by First Class United States Mail, postage prepaid at Harrisburg, addressed as follows: Date: 12..15/ Robert L. Baum, Esquire 401 North Washington Street, Ste. 500 Rockville, MD 20850 Counsel for Kavita Thakrar Fred L. Coover, Esquire Coover & Barr, LLC 10500 Little Patuxent Parkway, Suite 420 Parkside Building Columbia, MD 21044 Counsel for Sandeep Thakrar Michael DeHaven, Esquire Smith, Gildea & Schmidt, LLC 600 Washington Avenue, Suite 200 Towson, MD 21204 Counsel for Anil and Neema Thakrar icci, Esquire LAW OFFICES STEPHEN C.NUDEL, PC Stephen C.Nudel,Esquire Attorney ID 441703 Joseph A. Ricci,Esquire Attorney ID#49803 219 Pine Street F E NSYLVA IN{j1% Harrisburg, PA 17101 (717)236-5000 Kavita V. Thakrar, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiff Docket No.: 14-7027 Civil Term Vs. : IN RE: Motion to Quash Subpoena issued for matter pending before Howard County Sandeep A. Thakrar, Maryland Circuit Court, Docket Number: 13-C-12092325 Defendant MOTION OF JIM BAISH FOR PROTECTIVE ORDER OR IN THE ALTERNATIVE TO QUASH SUBPOENA IMPROPERLY ISSUED PURSUANT TO THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT, 42 Pa.C.S.A. §5331 et. seq. AND NOW COMES Jim Baish by and through his attorneys Law Offices Stephen C. Nudel, PC by Stephen C. Nudel, Esquire, and Joseph A. Ricci, Esquire, and requests that this Honorable Court issue a Protective Order which relieves the Movant from participating in a deposition on December 10, 2014 or in the alternative issue an Order quashing the Subpoena issued by Prothonotary David Buell on or about December 5, 2014 for the following reasons: 1. The above captioned matter is an action in divorce which is pending before the Circuit Court of Howard County Maryland at docket number 13-C-12092325. 2. Jim Baish is not a party to the Howard County, Maryland action. 3. On or about December 5, 2014, Cumberland County Prothonotary David Buell issued a subpoena ad testificandum directed toward Jim Baish pursuant to the Uniform Interstate Depositions and Discovery Act, 42 Pa.C.S.A. §5331, et. seq. See, Subpoena Duces Tecum attached hereto as Exhibit "A." 4. The subpoena issued under authority of Cumberland County Prothonotary David Buell was served upon the Movant at the end of the business day on December 5, 2014. 5. Pursuant to the Uniform Interstate Depositions and Discovery Act, a party seeking a Pennsylvania subpoena is obligated to comply with the requirements of the Pennsylvania Rules of Civil Procedure. 42 Pa.C.S.A. §5336. 7. Pursuant to Pa. R.C.P. 4007.1, a party desiring to take the deposition of any person upon oral examination is required to provide reasonable notice of the deposition. 8. The subpoena ad testificandum at issue was served on the Movant at the end of the business day on December 5, 2014. 9. The subpoena ad testificandum at issue compels the appearance of the Movant at a deposition scheduled for December 10, 2014; less than 5 days after service of the subpoena ad testificandum and only two business days after service of the subpoena at issue. 10. Moreover, Maryland Rule of Civil Procedure 2-412 which governs Depositions notes that: A party desiring to take a deposition shall serve a notice of deposition upon oral examination at least ten days before the date of the deposition or a notice of deposition upon written questions in accordance with Rule 2-417. The notice shall state the time and place for taking the deposition and the name and address of the person to be examined or, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena is to be served on the person to be examined, it shall be served at least ten days before the date of the deposition. Maryland Rule of Civil Procedure 2-412(a) [emphasis added]. 11. The Movant in the instant matter is the Vice President of Operations of a hotel corporation that owns multiple facilities in several states. 12. The hotel business is particularly busy during the months of November and December due to the holiday seasons. 13. The business obligations of the Movant preclude him from being available to be deposed on less than five days notice. 14. The lack of reasonable notice prevents the Movant from being available for a deposition on December 10, 2014. 15. The lack of timely notice precludes the Movant from having a reasonable opportunity to consult with his counsel and adequately prepare for a deposition. 16. Counsel issuing the Subpoena duces tecum in the instant matter has failed to comply with both Pennsylvania and Maryland law. 17. Pursuant to 42 Pa.C.S.A. §5903 a witness shall be paid a statutory witness fee and mileage allowance when subpoenaed. 18. No witness fee or mileage allowance was tendered to either Anil or Neema Thakrar at the time they were served with the subpoenas at issue. 19. Pursuant to 42 Pa. C.S.A. §5336, the Pennsylvania statutes relating to service of subpoenas apply in this matter. 20. Failure to tender the required statutory witness fees and mileage allowances is a violation of Pennsylvania law and renders the subpoenas invalid. 21. Pursuant to the Uniform Interstate Depositions and Discovery Act, it is proper for this Honorable Court to enter an order which protects the Movant from having to appear at the deposition noticed for December 10, 2014 or in the alternative enter an order which quashes the subpoena ad testificandum at issue. 22. The above captioned matter has not been previously assigned to a judge; however, it is related to a similar motion of Anil and Neema Thakrar arising from the same matter and also awaiting assignment. 23. Counsel for the Movant was unable to reach Mr. Baum to request that he withdraw the subpoena at issue but based upon prior communication in regard to subpoenas issued to Anil and Neema Thakrar in the above matter, it is presumed that his concurrence will be denied. WHEREFORE, it is respectfully requested that this Honorable Court enter a protective order which relieves the Movant from the obligation to appear at the deposition noticed for December 10, 2014. Respectfully submitted, LAW OFFICES STEPHEN C.NUDEL, PC Date: �' I �I ``� <1D C. el, Esquire 41703 i, Esquire Pa. ID #49803 Law Offices Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Counsel for Jim Baish Exhibit A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kavita V.Thakrar Plaintiff File No. — vs. Sandeep Thakrar Defendant SUBPOENA TO ATTEND AND TESTIFY TO: Jim Baish,Vice President of Operations,Neema Hospitality 1012 Welsey Dr.,Mechanicsburg,PA 17055 1. You are ordered by the court to come to Quality Inn,Carlisle, 1255 Harrisburg Pike,Carlisle PA 17013 (Specify Courtroom or other place) at , Cumberland County,Pennsylvania, on December 10,2014 at 4:00 o'clock, P. K. to testify on behalf of in the above case, and to remain until excused. 2. And bring with you the following: 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): Name: Robert L.Baum Address: 401 N.Washington St.,Suite 500 Rockville,Maryland 20850 Telephone: (301)610-0610 Supreme Court ID# BY THE COURT: Prothonotary/Clerk,Civil Division Date: Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable,including hearings in connection with depositions and before arbitrators,masters,commissioners,etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents,records or things is desired,complete paragraph 2. (Eff. 7/97) KAVITA V. THAKRAR IN THE Plaintiff CIRCUIT COURT VS. FOR SANDEEP A. THAKRAR HOWARD COUNTY Defendant Case No. 13-C12-092325 PLAINTIFF'S NOTICE OF DEPOSITION YOU ARE HEREBY NOTIFIED that Plaintiff Kavita Verma Thakrar, pursuant to the terms and provisions of the Maryland Rules of Procedure, will take the deposition of the following named person, before a Notary Public of the State of Pennsylvania or some other person duly qualified to administer an oath, at the time and place indicated below, to be continued from time to time until completed. DEPONENT: Jim Baish Vice President of Operations, Neema Hospitality 1012 Wesley Drive Mechanicsburg, Pennsylvania 17055 DATE & TIME: December 10, 2014 at 4:00 p.m. PLACE: Quality Inn, Carlisle 1255 Harrisburg Pike Carlisle, Pennsylvania 17013 Respectfully submitted, f � ROBERT L. BAUM, ESQ. 401 North Washington St, Ste 500 Rockville, Maryland 20850 TEL: (301) 610-0610 Fax: (301) 309-9436 E-mail: bobCab-bobbaumlaw.com Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the day of December 2014 1 served a copy of the foregoing upon the following undersigned by first class mail, postage prepaid: Fred L. Coover, Esq. 10500 Little Patuxent Parkway, Suite 420 Parkside Building Columbia, MD 21044 Counsel for Defendant Michael DeHaven, Esq. Smith, Gildea & Schmidt LLC 600 Washington Avenue Suite 200 Towson, MD 21204 ROBERT L. BAUM, ESQ. CIRCUIT COURT FOR HOWARD COUNTY WAYNE A.ROBEY,CLERK Circuit Court for Howard County 8360 Court Avenue•Ellicott City,Maryland 21043 KAVITA V THAKRAR Case Number 13-C12-092325 Vs. ?c ) Civil PINK COPY MUST BE SANDEEP THAKRAR FILED WITH THE COURT UPONISSUANCE STATE OF MARYLAND,HOWARD COUNTY SUBPOENA To(Name,Address and County): Jim Baish, Vice President of Operations, Neema Hospitality 1012 Wesley Drive Mechanicsburg, Pennsylvania 17055 YOU ARE HEREBY COMMANDED TO: ( x) Personally appear; ( ) Personally appear and produce documents or objects; at Quality Inn, Carlisle, 1255 Harrisburg, Pennsylvania 17013 (Place where attendance is required) on Wednesday the 10th day of December ,20 14 at 4:00 a.m. . YOU ARE COMMANDED TO produce the following documents or objects: SEE ATTACHED Subpoena requested by(xx)Plaintiff; ( ) Defendant; and any questions should be referred to: RobertL. Baum 401 North Washingfon gt_ , Suite SOD, Rockville Mid 20850 (x301 )_ 10-0610 (Name of Party or Attorney,Address /and Phone Number) Date Issued December 4, 2014 /� P,0 CLERK V, (Signature and Seal) NOTICE: (1) YOU ARE LIABLE TO BODY ATTACHMENT AND FINE FOR FAILURE TO OBEY THIS SUBPOENA. (2) This subpoena shall remain in effect until you are granted leave to depart by the Court or by an officer acting on behalf of the Court. (3) If this subpoena is for attendance at a deposition and the party served is an organization, notice is hereby given that the organization must designate a person to testify pursuant to rule 2-412(d) SHERIFF'S RETURN ( ) Served and copy delivered on date indicated below. ( ) Unserved,by reason of Date: Fee: $ SHERIFF ORIGINAL AND ONE COPY NEEDED FOR EACH WITNESS CV-4 CERTIFICATE OF SERVICE AND NOW, this 81" day of December, 1, Joseph A. Ricci hereby certify that the Motion of Jim Baish for Protective Order or in the Alternative to Quash Subpoena Improperly Issued Pursuant to The Uniform Interstate Depositions and Discovery Act, 42 Pa.C.S.A. §5331 et. seq. was served upon the following individuals by First Class United States Mail, postage prepaid at Harrisburg, addressed as follows: Robert L. Baum, Esquire 401 North Washington Street, Ste. 500 Rockville, MD 20850 Counsel for Kavita Thakrar Fred L. Coover, Esquire Coover& Barr, LLC 10500 Little Patuxent Parkway, Suite 420 Parkside Building Columbia, MD 21044 Counsel for Sandeep Thakrar Michael DeHaven, Esquire Smith, Gildea& Schmidt, LLC 600 Washington Avenue, Suite 200 Towson, MD 21204 Counsel for Anil and Neema Thakrar Date: 1A 18 1 q ':X eph A. icci, Esquire KAVITA V. THAKRAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW SANDEEP A. THAKRAR, Defendant : NO. 14-7027 CIVIL TERM IN RE: MOTION OF ANIL AND NEEMA THAKRAR FOR PROTECTIVE ORDER OR IN THE ALTERNATIVE TO QUASH SUBPOENA IMPROPERLY ISSUED PURSUANT TO THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT, 42 Pa. C.S.A. §5331 et. seq. ORDER OF COURT AND NOW, this 9th day of December , 2014, upon consideration of the above captioned motion, and Defendant's objection thereto, the motion is granted in part and denied in part. It is granted that the depositions of Anil and Neema Thakrar for December 10, 2014 are continued to a date that is mutually agreeable to all parties hereto, after reasonable notice is provided, with said deposition to occur not later than 30 days from the date of this order. In all other respects, the motion is denied. BY THE COURT, Xobert L. Baum, Esq. 401 N. Washington Street Suite 500 Rockville, MD 20850 Attorney for Kavita Thakrar e Y Chri sL. Peck, J. /Michael DeHaven, Esq. Smith, Gildea & Schmidt, LLC 600 Washington Avenue Suite 200 Towson, MD 21204 Attorney for Anil and Neema Thakrar ,...--Fred L. Coover, Esq. Coover & Barr, LLC 10500 Little Patuxent Parkway Suite 420 Parkside Building Columbia, MD 21044 Attorney for Sandeep Thakrar Joseph A. Ricci, Esq. Stephen C. Nudel, Esq. 219 Pine Street Harrisburg, PA 17101 Attorneys for Anil and Neema Thakrar :rc KAVITA V. THAKRAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW SANDEEP A. THAKRAR, Defendant : NO. 14-7027 CIVIL TERM IN RE: MOTION OF JIM BAISH FOR PROTECTIVE ORDER OR IN THE ALTERNATIVE TO QUASH SUBPOENA IMPROPERLY ISSUED PURSUANT TO THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT, 42 Pa. C.S.A. §5331 et. seq. ORDER OF COURT AND NOW, this 9th day of December , 2014, upon consideration of the above captioned motion, and Defendant's objection thereto, the motion is granted in part and denied in part. It is granted that the deposition of Jim Baish for December. 10, 2014 is continued to a date that is mutually agreeable to all parties hereto, after reasonable notice is provided, with said deposition to occur not later than 30 days from the date of this order. In all other respects, the motion is denied. BY THE COURT, Chris lee L. Peck, J. ✓ Robert L. Baum, Esq. 401 N. Washington Street Suite 500 Rockville, MD 20850 Attorney for Kavita Thakrar /Michael DeHaven Esq. q Smith, Gildea & Schmidt, LLC 600 Washington Avenue Suite 200 Towson, MD 21204 Attorney for Anil and Neema Thakrar ��4 red L. Coover, Esq. Coover & Barr, LLC 10500 Little Patuxent Parkway Suite 420 Parkside Building Columbia, MD 21044 Attorney for Sandeep Thakrar Joseph A. Ricci, Esq. Stephen C. Nudel, Esq. 219 Pine Street Harrisburg, PA 17101 Attorneys for Anil and Neema Thakrar