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HomeMy WebLinkAbout06-6114IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF CIVIL ACTION -LAW MISSOURI, INC., et al.,, // No. Ql. - lv v 1..??/L(2 L . Plaintiffs, V. BALANCED CARE CORPORATION, et al., PETITION FOR ISSUANCE OF A SUBPOENA TO TAKE DEPOSITION Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, v. ALINGTON D. KILGORE, Filed on Behalf of Plaintiff, CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al. Third-Party Defendant. Counsel of Record for this Party: Kristy L. Rizzo, Esquire Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 50th Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, CIVIL ACTION -LAW INC., et al.,, No. Plaintiffs, V. BALANCED CARE CORPORATION, et al., Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. PETITION FOR ISSUANCE OF A SUBPOENA TO TAKE DEPOSITION Petitioner Christian Health Care of Missouri, Inc. ("CHC"), by and through it undersigned counsel, and pursuant to Pa.R.C.P. 234.1 et seq. and 42 Pa. C.S. § 5326, respectfully request that this Honorable Court issue a Subpoena to Attend and Testify on the following grounds: 1. CHC is the plaintiff in a case pending in the Circuit Court of Greene County, State of Missouri, identified by Cause No. 102CC4884. 2. CHC, by its Missouri counsel, petitioned the Circuit Court of Greene County, State of Missouri, for a Commission to take the deposition of James Diebold. 3. A Commission was issued on October 20, 2005 by the Circuit Court of Greene County, State of Missouri, for the taking of this deposition. The original Commission is attached hereto as Exhibit A. 4. CEC has set the deposition of James Diebold for November 3, 2006, at 10:00 a.m. at the offices of Pepper Hamilton LLP, 200 Keystone Plaza, Harrisburg, Pennsylvania 17108. A true and correct copy of the Notice of Deposition Duces Tecum of James Diebold is attached hereto as Exhibit B. 5. CHC requests the issuance of a subpoena by this Court to compel the attendance of the deponent as set forth in said Notice. 6. WHEREFORE, Petitioner prays that this Honorable Court direct the Prothonotary to issue a Subpoena to Attend and Testify directed to James Diebold. Dated: October 17, 2006 Respectfully submitted, Kristy L. Rizzo, Esquire" Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 50'h Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 Attorney for Plaintiff Christian Health Care of Missouri, Inc. ?-,,kl ? +-I U) W W? o a 80 0 0 ®1 J U ¢i 6 3 IN THE CIRCUIT COURT OF GREENE,COUNTY STATE OF MISSOURI CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al'., Plaintiffs, VS. BALANCED CARE CORPORATION, et al., Defendants. 1005 OCT 20 q 9 C 4P t' ? f C A [) Case No. 10???4 COMMISSION TO TAKE DEPOSITION IN THE STATE OF PENNSYLVANIA THE STATE OF MISSOURI, to the appropriate judicial authority in the State of Pennsylvania, GREETING: WHEREAS, there is an action pending in this, the Circuit Court of Greene County, Missouri, entitled as above, and this Court is of the opinion that complete justice in the action cannot be done without the testimony of James Diebold within your jurisdiction, and/or its employees, agents and designated representatives; WHEREFORE, it is respectfully requested that, in the interest of justice, you cause James Diebold to appear, by your usual and proper process and at a time and place to be designated by you, to answer oral questions under oath and to produce documents pursuant to a properly issued subpoena duces tecum. Witness, the Honorable Judge Miles Sweeney of the Circuit Court of Greene County, Missouri, this day of October, 200 r _ ?,? A9 ?" ? `- 0312lVf0 r _. - 1313N000 w W? v? U o R 8s 0 0 0 W J I`?'IU OC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al.,, CIVIL ACTION -LAW No. Plaintiffs, V. BALANCED CARE CORPORATION, et al., Defendants. NOTICE OF DEPOSITION DUCES TECUM BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. On Behalf of Plaintiff, Christian Health Care of Missouri, Inc. Counsel of Record for this Party: Kristy L. Rizzo, Esquire Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 50th Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, CIVIL ACTION -LAW INC., et al.,, No. Plaintiffs, V. BALANCED CARE CORPORATION, et al., Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. TO: James Diebold 304 Deanhurst Avenue Camp Hill, PA 17011 NOTICE OF DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that counsel for Plaintiff will take the deposition of the James Diebold, at the offices of Pepper Hamilton LLP, 200 Keystone Plaza, Harrisburg, Pennsylvania 17108, on Friday, November 3, 2006, at 10:00 a.m. The deposition will be taken pursuant to the Pennsylvania Rules of Civil Procedure for any and all purposes permitted under the rules. Opposing counsel are invited to participate in the deposition. -2- Pursuant to Pa. R.C.P. 4007. 1 (d)(1), Deponent is directed to bring with him to the deposition any documents in his possession or control as specified in Exhibit A to this Notice of Deposition. Dated: October , 2006 Respectfully submitted, By: Kristy L. Rizzo, Esquire Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 50th Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 Attorney for Plaintiff Christian Health Care of Missouri, Inc. -3- EXHIBIT A Instructions You are instructed to respond to these requests with reference to all information in your possession, custody or control or reasonably available to you. If you contend that any document which is requested to be identified is protected by the attorney-client privilege, the work product doctrine or any other basis, then identify each such document in your response by providing a full privilege log containing the following in sufficient detail to evaluate your claim of privilege: a. The date of the document; b. the author of the document; c. the addressee of the document; d. each person who saw or received a copy of the document; e. the title or label of the document; and f. the subject matter of the document. Definitions 1. "Document" shall mean any kind of written, typewritten, printed, recorded (in whatever form), computer produced or graphic materials, however produced or reproduced, including, memoranda, letters, e-mails, notes, brochures, communication, drawings, graphs, charts, photographs, microfilms, microfiches, telegrams, newspaper advertisements or articles, diaries, questionnaires, commentaries, notebooks, minutes, calendars, analyses, projections, ledger sheets, accounts, bills, invoices, checks, drafts, money orders, journals, publications, contracts, records, tape recordings, transcripts of records and recordings, business records, loans, exhibits, appendices, amendments, addenda, schedules, promissory notes, guaranties, summaries and/or records of telephone conversations, summaries and/or records of personal conversations, summaries and/or records of meetings and conferences and summaries and/or records of negotiations or investigations relating to the subject matter to which these document requests refer and includes, without limitation, originals, copies (including non-identical copies) and drafts now in your possession or under your control. 2. "Communication" shall mean any transmission of information, the information transmitted, and any process by which information is transmitted, and shall include written communications and oral communications recorded by any means. 3. "Relating" "or "regarding" shall mean pertaining, constituting, reflecting, evidencing, representing, supporting, contradicting, referring, stating, describing, recording, noting, embodying, containing, mentioning, studying, analyzing, discussing, evaluating, or being relevant to. 4. "Yourself' and "your" shall mean James Diebold, and any agents or representatives acting or purporting to act on your behalf. 5. "WPH" shall mean Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 6. "MMC" shall mean Meditrust Corporation, and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 7. "BCC" shall mean Balanced Care Corporation, and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 8. "HHP" shall mean Hawthorn Health Properties, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. Document Requests 1. All documents relating to the purchase of the stock of Hawthorn Health Properties, Inc., including that stock owned by yourself and F. David Carr, by Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 2. All documents relating to any remuneration to be received by J. Gray Beverly, and all agents, employees, entities, representatives and all other persons acting or purporting to act on his behalf, for services rendered pursuant to the purchase of the stock of Hawthorn Health Properties, Inc., including that stock owned by yourself and F. David Carr, by Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 3. All documents relating to any remuneration to be received by Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf, for services rendered pursuant to the purchase of the stock of Hawthorn Health Properties, Inc., including that stock owned by yourself and F. David Carr, by Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. -5- 4. All documents from 1995 to present, relating to WHP. 5. All documents from 1995 to present, relating to MMC. 6. All documents from 1995 to present, relating to BCC. 7. All documents from 1995 to present, relating to HHP. 8. All documents from 1995 to present, relating to F. David Carr, and all agents, employees, entities, representatives and all other persons acting or purporting to act on his behalf. 9. Tax returns for yourself from 1995 to present. -6- `J CAJ rv ? ? ) rn 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P?NNSYLVA FIA CHRISTIAN HEALTH CARE OF MISSOURI, CIVIL ACTION -LAW INC., et al.,, No. ?lul,?- Plaintiffs, V. BALANCED CARE CORPORATION, et al., Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. ORDER OF COURT t?1 AND, NOW, this ?.1 day of O ck lD `g t_%" , 2006, upon consideration of the annexed Petition for Issuance of Subpoena to Take Deposition and upon motion of the counsel for Petitioner, it is hereby ORDERED that the Prothonotary of Cumberland County issue a Subpoena directed to James Diebold, as described more fully in the attached Notice of Deposition Duces Tecum, directing his attendance at a deposition to be conducted under the Pennsylvania Rules of Civil Procedure and to be held at the offices of Pepper Hamilton LLP, 200 Keystone Plaza, Harrisburg, Pennsy 0 17108, on November 3, 2006, at 10:00 a.m. BY THE COURT: f ? f .M1 F!"'i t"a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al.,, Plaintiffs, CIVIL ACTION -LAW No. 06-6114 Civil Term V. BALANCED CARE CORPORATION, et al., PETITION FOR ISSUANCE OF A SUBPOENA TO TAKE DEPOSITION Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Filed on Behalf of Plaintiff, CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al. Third-Party Defendant. Counsel of Record for this Party: Kristy L. Rizzo, Esquire Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 50th Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, CIVIL ACTION -LAW INC., et al.,, No. 06-6114 Civil Term Plaintiffs, V. BALANCED CARE CORPORATION, et al., Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. PETITION FOR ISSUANCE OF A SUBPOENA TO TAKE DEPOSITION Petitioner Christian Health Care of Missouri, Inc. ("CHC"), by and through it undersigned counsel, and pursuant to Pa.R.C.P. 234.1 et seq. and 42 Pa. C.S. § 5326, respectfully request that this Honorable Court issue a Subpoena to Attend and Testify on the following grounds: 1. CHC is the plaintiff in a case pending in the Circuit Court of Greene County, State of Missouri, identified by Cause No. 102CC4884. 2. CHC, by its Missouri counsel, petitioned the Circuit Court of Greene County, State of Missouri, for a Commission to take the deposition of Clint Fegan. 3. A Commission was issued on December 5, 2006 by the Circuit Court of Greene County, State of Missouri, for the taping of this deposition. The original Commission is attached hereto as Exhibit A. 4. CEC has set the deposition of Clint Fegan for December 27, 2006, at 10:00 a.m. at the offices of Pepper Hamilton LLP, 200 Keystone Plaza, Harrisburg, Pennsylvania 17108. A true and correct copy of the Notice of Deposition Duces Tecum of Clint Fegan is attached hereto as Exhibit B. 5. CHC requests the issuance of a subpoena by this Court to compel the attendance of the deponent as set forth in said Notice. 6. WHEREFORE, Petitioner prays that this Honorable Court direct the Prothonotary to issue a Subpoena to Attend and Testify directed to Clint Fegan. Dated: December 7, 2006 Respectfully submitted, U "/- , ? -4')? Kris L. Rizzo, Esquire Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 501h Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 Attorney for Plaintiff Christian Health Care of Missouri, Inc. Exhibit ? IN THE CIRCUIT COURT OF GREENE COUNTY STATE OF MISSOURI CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al., ) Plaintiffs, ) VS. ) Case No. 102CC4884 BALANCED CARE CORPORATION, et al., ) Defendants. ) COMMISSION TO TAKE DEPOSITION IN THE STATE OF PENNSYLVANIA THE STATE OF MISSOURI, to the appropriate judicial authority in the State of Pennsylvania, GREETING: WHEREAS, there is an action pending in this, the Circuit Court of Greene County, Missouri, entitled as above, and this Court is of the opinion that complete justice in the action cannot be done without the testimony of Brad Hollinger and Clint Fegan within your jurisdiction; WHEREFORE, it is respectfully requested that, in the interest of justice, you cause Brad Hollinger and Clint Fegan to appear, by your usual and proper process and at a time and place to be designated by you and the parties, to answer oral questions under oath and to produce documents pursuant to a properly issued subpoena duces tecum. C (Vo... t,A11.(*1 Witness, the Hpnorable Judge 1141 Swaney of the Circuit Court of Greene County, Missouri, this ? day of December, 2006. GREENE COUNTY CIRCUIT COURT JUDGE oil' v dua uty der'? _ 2321245 AV-1 e.y6jbit 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al.,, Plaintiffs, CIVIL ACTION -LAW No. 06-6114 Civil Term V. BALANCED CARE CORPORATION, et al., Defendants. NOTICE OF DEPOSITION DUCES TECUM BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. On Behalf of Plaintiff, Christian Health Care of Missouri, Inc. Counsel of Record for this Party: Kristy L. Rizzo, Esquire Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 50th Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, CIVIL ACTION -LAW INC., et al.,, Plaintiffs, No. 06-6114 Civil Team V. BALANCED CARE CORPORATION, et al., Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. TO: Clint Fegan 2 East Green Street Camp Hill, PA 17011-6552 NOTICE OF DEPOSITION DICES TECIIM PLEASE TAKE NOTICE that counsel for Plaintiff will take the deposition of the Clint Fegan, at the offices of Pepper Hamilton LLP, 200 Keystone Plaza, Harrisburg, Pennsylvania 17108, on Wednesday, December 27, 2006, at 10:00 a.m. The deposition will be taken pursuant to the Pennsylvania Rules of Civil Procedure for any and all purposes permitted under the rules. Opposing counsel are invited to participate in the deposition. -2- Pursuant to Pa. R.C.P. 4007. 1 (d)(1), Deponent is directed to bring with him to the deposition any documents in his possession or control as specified in Exhibit A to this Notice of Deposition. Dated: December , 2006 Respectfully submitted, By: Kristy L. Rizzo, Esquire Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 50th Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 Attorney for Plaintiff Christian Health Care of Missouri, Inc. -3- EXHIBIT A Instructions You are instructed to respond to these requests with reference to all information in your possession, custody or control or reasonably available to you. If you contend that any document which is requested to be identified is protected by the attorney-client privilege, the work product doctrine or any other basis, then identify each such document in your response by providing a full privilege log containing the following in sufficient detail to evaluate your claim of privilege: a. The date of the document; b. the author of the document; c. the addressee of the document; d. each person who saw or received a copy of the document; e. the title or label of the document; and f. the subject matter of the document. Definitions 1. "Document" shall mean any kind of written, typewritten, printed, recorded (in whatever form), computer produced or graphic materials, however produced or reproduced, including, memoranda, letters, e-mails, notes, brochures, communication, drawings, graphs, charts, photographs, microfilms, microfiches, telegrams, newspaper advertisements or articles, diaries, questionnaires, commentaries, notebooks, minutes, calendars, analyses, projections, ledger sheets, accounts, bills, invoices, checks, drafts, money orders, journals, publications, contracts, records, tape recordings, transcripts of records and recordings, business records, loans, exhibits, appendices, amendments, addenda, schedules, promissory notes, guaranties, summaries and/or records of telephone conversations, summaries and/or records of personal conversations, summaries and/or records of meetings and conferences and summaries and/or records of negotiations or investigations relating to the subject matter to which these document requests refer and includes, without limitation, originals, copies (including non-identical copies) and drafts now in your possession or under your control. 2. "Communication" shall mean any transmission of information, the information transmitted, and any process by which information is transmitted, and shall include written communications and oral communications recorded by any means. 3. "Relating" "or "regarding" shall mean pertaining, constituting, reflecting, evidencing, representing, supporting, contradicting, referring, stating, describing, recording, noting, embodying, containing, mentioning, studying, analyzing, discussing, evaluating, or being relevant to. 4. "Yourself' and "your" shall mean James Diebold, and any agents or representatives acting or purporting to act on your behalf. 5. "WPH" shall mean Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 6. "MMC" shall mean Meditrust Corporation, and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 7. "BCC" shall mean Balanced Care Corporation, and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 8. "HHP" shall mean Hawthorn Health Properties, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. Document Requests 1. All documents relating to the purchase of the stock of Hawthorn Health Properties, Inc., by WPH, any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 2. All documents relating to any remuneration to be received by J. Gray Beverly, and all agents, employees, entities, representatives and all other persons acting or purporting to act on his behalf, for services rendered pursuant to the purchase of the stock of Hawthorn Health Properties, Inc. 3. All documents relating to any remuneration to be received by Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf, for services rendered pursuant to the purchase of the stock of Hawthorn Health Properties, Inc. 4. All documents from 1995 to present, relating to WHP. 5. All documents from 1995 to present, relating to J. Gray Beverly. 6. All documents from 1995 to present, relating to MMC. 7. All documents from 1995 to present, relating to BCC. -5- 8. All documents from 1995 to present, relating to HHP. 9. All documents from 1995 to present, relating to Christian Healthcare of Missouri, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 10. All documents from 1995 to present, relating to F. David Carr, and all agents, employees, entities, representatives and all other persons acting or purporting to act on his behalf. 11. All documents from 1995 to present, relating to James Diebold, and all agents, employees, entities, representatives and all other persons acting or purporting to act on his behalf. 12. Tax returns for yourself from 1995 to present. -6- ,-_- ?:?? ?_ .? -rt ?? ? ' '1'"'.. -T7 r; C ?°tl ? _'.: _.;? ?? 3 ?. T_ ?,? ..Tz ` _, `?` ` ,' s ?-? ? ? Y ?? y ; ( ^ Y V? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al.,, Plaintiffs, CIVIL ACTION -LAW No. 06-6114 Civil Term v. BALANCED CARE CORPORATION, et al., PETITION FOR ISSUANCE OF A SUBPOENA TO TAKE DEPOSITION Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Filed on Behalf of Plaintiff, CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al. Third-Party Defendant. Counsel of Record for this Party: Kristy L. Rizzo, Esquire Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 50th Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, CIVIL ACTION -LAW INC., et al.,, Plaintiffs, No. 06-6114 Civil Term V. BALANCED CARE CORPORATION, et al., Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. PETITION FOR ISSUANCE OF A SUBPOENA TO TAKE DEPOSITION Petitioner Christian Health Care of Missouri, Inc. ("CHC"), by and through it undersigned counsel, and pursuant to Pa.R.C.P. 234.1 et seq. and 42 Pa. C.S. § 5326, respectfully request that this Honorable Court issue a Subpoena to Attend and Testify on the following grounds: 1. CHC is the plaintiff in a case pending in the Circuit Court of Greene County, State of Missouri, identified by Cause No. 102CC4884. 2. CHC, by its Missouri counsel, petitioned the Circuit Court of Greene County, State of Missouri, for a Commission to take the deposition of Brad Hollinger. 3. A Commission was issued on December 5, 2006 by the Circuit Court of Greene County, State of Missouri, for the taking of this deposition. The original Commission is attached hereto as Exhibit A. 4. CEC has set the deposition of Brad Hollinger for December 28, 2006, at 10:00 a.m. at the offices of Pepper Hamilton LLP, 200 Keystone Plaza, Harrisburg, Pennsylvania 17108. A true and correct copy of the Notice of Deposition Duces Tecum of Brad Hollinger is attached hereto as Exhibit B. 5. CHC requests the issuance of a subpoena by this Court to compel the attendance of the deponent as set forth in said Notice. 6. WHEREFORE, Petitioner prays that this Honorable Court direct the Prothonotary to issue a Subpoena to Attend and Testify directed to Brad Hollinger. Dated: December 7, 2006 Respectfully submitted, d&?X A-'?Co Kristy L. Rizzo, EsquirecAc Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 50`h Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 Attorney for Plaintiff Christian Health Care of Missouri, Inc. ?.X[?iloi t- ? IN THE CIRCUIT COURT OF GREENE COUNTY STATE OF MISSOURI CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al., Plaintiffs, VS. BALANCED CARE CORPORATION, et al., Defendants. Case No. 102CC4884 COMMISSION TO TAKE DEPOSITION IN THE STATE OF PENNSYLVANIA THE STATE OF MISSOURI, to the appropriate judicial authority in the State of Pennsylvania, GREETING: WHEREAS, there is an action pending in this, the Circuit Court of Greene County, Missouri, entitled as above, and this Court is of the opinion that complete justice in the action cannot be done without the testimony of Brad Hollinger and Clint Fegan within your jurisdiction; WHEREFORE, it is respectfully requested that, in the interest of justice, you cause Brad Hollinger and Clint Fegan to appear, by your usual and proper process and at a time and place to be designated by you and the parties, to answer oral questions under oath and to produce documents pursuant to a properly issued subpoena duces tecum. ld•k V-0 Witness, the Honorable Judge Gz woeney of the Circuit Court of Greene County, Missouri, this 5 day of December, 2006. GREENE COUNTY CIRCUIT COURT JUD E 23212951\V-1 Y R, CLERK GRE UNTYCI CUIT RAT ia ty C 10- MJ;-"- - 6 phi bi-- $ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al.,, Plaintiffs, CIVIL ACTION -LAW No. 06-6114 Civil Term V. BALANCED CARE CORPORATION, et al., Defendants. NOTICE OF DEPOSITION DUCES TECUM BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. On Behalf of Plaintiff, Christian Health Care of Missouri, Inc. Counsel of Record for this Party: Kristy L. Rizzo, Esquire Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 50th Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, CIVIL ACTION -LAW INC., et al.,, No. 06-6114 Civil Term Plaintiffs, V. BALANCED CARE CORPORATION, et al., Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. TO: Brad Hollinger 2850 Ford Farm Road Mechanicsburg, PA 17055-5987 NOTICE OF DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that counsel for Plaintiff will take the deposition of the Brad Hollinger, at the offices of Pepper Hamilton LLP, 200 Keystone Plaza, Harrisburg, Pennsylvania 17108, on Thursday, December 28, 2006, at 10:00 a.m. The deposition will be taken pursuant to the Pennsylvania Rules of Civil Procedure for any and all purposes permitted under the rules. Opposing counsel are invited to participate in the deposition. -2- Pursuant to Pa. R.C.P. 4007. 1 (d)(1), Deponent is directed to bring with him to the deposition any documents in his possession or control as specified in Exhibit A to this Notice of Deposition. Dated: December , 2006 Respectfully submitted, By: Kristy L. Rizzo, Esquire Pa. I.D. No. 90046 PEPPER HAMILTON LLP Firm I.D. No. 143 50th Floor, One Mellon Center 500 Grant Street Pittsburgh, PA 15219-2502 (412) 454-5000 Attorney for Plaintiff Christian Health Care of Missouri, Inc. -3- EXHIBIT A Instructions You are instructed to respond to these requests with reference to all information in your possession, custody or control or reasonably available to you. If you contend that any document which is requested to be identified is protected by the attorney-client privilege, the work product doctrine or any other basis, then identify each such document in your response by providing a full privilege log containing the following in sufficient detail to evaluate your claim of privilege: a. The date of the document; b. the author of the document; c. the addressee of the document; d. each person who saw or received a copy of the document; e. the title or label of the document; and f. the subject matter of the document. Definitions 1. "Document" shall mean any kind of written, typewritten, printed, recorded (in whatever form), computer produced or graphic materials, however produced or reproduced, including, memoranda, letters, e-mails, notes, brochures, communication, drawings, graphs, charts, photographs, microfilms, microfiches, telegrams, newspaper advertisements or articles, diaries, questionnaires, commentaries, notebooks, minutes, calendars, analyses, projections, ledger sheets, accounts, bills, invoices, checks, drafts, money orders, journals, publications, contracts, records, tape recordings, transcripts of records and recordings, business records, loans, exhibits, appendices, amendments, addenda, schedules, promissory notes, guaranties, summaries and/or records of telephone conversations, summaries and/or records of personal conversations, summaries and/or records of meetings and conferences and summaries and/or records of negotiations or investigations relating to the subject matter to which these document requests refer and includes, without limitation, originals, copies (including non-identical copies) and drafts now in your possession or under your control. 2. "Communication" shall mean any transmission of information, the information transmitted, and any process by which information is transmitted, and shall include written communications and oral communications recorded by any means. 3. "Relating" "or "regarding" shall mean pertaining, constituting, reflecting, evidencing, representing, supporting, contradicting, referring, stating, describing, recording, noting, embodying, containing, mentioning, studying, analyzing, discussing, evaluating, or being relevant to. 4. "Yourself' and "your" shall mean James Diebold, and any agents or representatives acting or purporting to act on your behalf. 5. "WPH" shall mean Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 6. "MMC" shall mean Meditrust Corporation, and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 7. "BCC" shall mean Balanced Care Corporation, and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 8. "HHP" shall mean Hawthorn Health Properties, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. Document Requests 1. All documents relating to the purchase of the stock of Hawthorn Health Properties, Inc. by WPH, and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 2. All documents relating to any remuneration to be received by J. Gray Beverly, and all agents, employees, entities, representatives and all other persons acting or purporting to act on his behalf, for services rendered pursuant to the purchase of the stock of Hawthorn Health Properties, Inc. 3. All documents relating to any remuneration to be received by Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf, for services rendered pursuant to the purchase of the stock of Hawthorn Health Properties, Inc. 4. All documents from 1995 to present, relating to WHP. 5. All documents from 1995 to present, relating to J. Gray Beverly 6. All documents from 1995 to present, relating to MMC. 7. All documents from 1995 to present, relating to BCC. -5- 8. All documents from 1995 to present, relating to HHP. 9. All documents from 1995 to present, relating to Christian Healthcare of Missouri, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 10. All documents from 1995 to present, relating to F. David Carr, and all agents, employees, entities, representatives and all other persons acting or purporting to act on his behalf. 11. All documents from 1995 to present, relating to James Diebold, and all agents, employees, entities, representatives and all other persons acting or purporting to act on his behalf. 12. Tax returns for yourself from 1995 to present. -6- ra ? _.a 03 L, 1 DEC 1 1 ZUU6?> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al.,, CIVIL ACTION -LAW No. 06-6114 Civil Term Plaintiffs, V. BALANCED CARE CORPORATION, et al., Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. ORDER OF COURT AND, NOW, this 3 day of 0 e.c.evnber , 2006, upon consideration of the annexed Petition for Issuance of Subpoena to Take Deposition and upon motion of the counsel for Petitioner, it is hereby ORDERED that the Prothonotary of Cumberland County issue a Subpoena directed to Clint Fegan, as described more fully in the attached Notice of Deposition Duces Tecum, directing his attendance at a deposition to be conducted under the Pennsylvania Rules of Civil Procedure and to be held at the offices of Pepper Hamilton LLP, 200 Keystone Plaza, Harrisburg, Pennsylvania 17108, on December 27, 2006, at 10:00 a.m. BY THE COURT: ? J. ao C S :C tlld C 1330 9001 t ^=t -"Hi JO DEC 11 MV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al.,, CIVIL ACTION -LAW No. o60- &t1'-{ 0;"V t Plaintiffs, V. BALANCED CARE CORPORATION, et al., Defendants. BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant. ORDER OF COURT tk AND, NOW, this 1$ day of D P_LeW?b GC, 2006, upon consideration of the annexed Petition for Issuance of Subpoena to Take Deposition and upon motion of the counsel for Petitioner, it is hereby ORDERED that the Prothonotary of Cumberland County issue a Subpoena directed to Brad Hollinger, as described more fully in the attached Notice of Deposition Duces Tecum, directing his attendance. at a deposition to be conducted under the Pennsylvania Rules of Civil Procedure and to be held at the offices of Pepper Hamilton LLP, 200 Keystone Plaza, Harrisburg, Pennsylvania 17108, on December 28, 2006, at 10:00 a.m. BY THE COURT: wz, _ CS :C IVIJ £ 1 330 90OZ AUVI, HARTMAN UNDERHILL & BRUBAKER LLP Mark E. Lovett, Esquire Attorney I.D. No. 41071 221 East Chestnut Street Lancaster, PA 17602-2782 (717) 299-7254 Fax: (717) 299-3160 91R'll No. 06-6191;j YQ/ 1` Attorneys for Defendant CHRISTIAN HEALTH CARE IN THE COURT OF COMMON PLEAS OF OF MISSOURI, INC., et al., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. BALANCED CARE CORPORATION, et al. Defendants : NO. 06-6114 CIVIL TERM BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Parry Defendant SECOND PETITION OF PLAINTIFF CHRISTIAN HEALTH CARE OF MISSOURI, INC., FOR ISSUANCE OF SUBPOENA TO TAKE THE VIDEOTAPE DEPOSITION OF JAMES DIEBOLD 1. Petitioner Christian Health Care of Missouri, Inc. (CHC), is the Plaintiff in a case pending in the Circuit Court of Greene County, State of Missouri (Cause Number 102CC4884). 2. By Commission issued on October 20, 2005 by the Circuit Court of Greene County, State of Missouri, CHC was granted permission to take the deposition of James 00502416.1 No. 06-6114 Civil Term Diebold. A copy of the original Commission is attached to and made a part of this Second Petition as Exhibit A. 3. Previously, a Petition for Issuance of a Subpoena to Mr. Diebold was filed by CHC on October 17, 2006. The original Commission was attached to the First Petition as Exhibit A. Pursuant thereto, on October 27, 2006, the Honorable M. L. Ebert ordered that the Prothonotary of Cumberland County issue a subpoena directed to James Diebold as described in the Notice of Deposition Duces Tecum for a deposition to be held on November 3, 2006. A copy of Judge Ebert's Order is attached to and made a part of this Second Petition as Exhibit B. 4. After the first Subpoena was served, the parties agreed that Mr. Diebold would provide documents to the parties for study and review prior to the deposition taking place. Since that time, the parties have been engaged in other aspects of the case, but are now ready to take Mr. Diebold's deposition. 5. On information and belief, CHC's prior local counsel, Kristy L. Rizzo, is no longer practicing in the Commonwealth. CHC has asked present counsel to enter his appearance, a copy of which is attached to and made a part of this Petition as Exhibit C, and which has been filed of record. 6. Pursuant to the aforementioned Commission of the Courts of Missouri, CHC requests that this Court issue a subpoena to compel the attendance of the deponent 00502416.1 No. 06-6114 Civil Term Duces Tecum, copies of which are attached to and made a part of this Petition as Exhibit D. WHEREFORE, Petitioner requests that this Honorable Court direct the Prothonotary to issue a subpoena to attend and testify directed to James Diebold. Respectfully submitted, HARTMAN UNDERHILL & BRUBAKER LLP Dated: January 24, 2008 By: Mark E. Lovett, Esquire Attorney I.D. No. 41071 Attorneys for Plaintiff, Christian Health Care of Missouri, Inc. 00502416.1 -3- IN THE CIRCUIT COURT OF GREENEOUNTY STATE OF MISSOURI FILEG CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al:, j$ OCT 20 A 4 Plaintiffs, ) 'MICHAEL A. CARS . CIRCUIT?FFRR?? vs. ) Case No. I %4 BALANCED CARE CORPORATION, et al., ) Defendants. ) .COIViMISSION TO TAKE DEPOSITION IN THE STATE OF PENNSYLVANIA THE STATE OF MISSOURI, to the appropriate judicial authority in the State of Pennsylvania, GREETING: 'WHEREAS, there is an action pending in this, the Circuit Court of Greene County, Missouri, entitled as above, and this Court is of the opinion that= complete justice in the action cannot be . done without the testimony of James Diebold within your jurisdiction, and/or its employees, agents and designated representatives; WHEREFORE, it is respectfully requested that, in the interest of justice, you cause James Diebold to appear, by your usual and proper process and at a time and place to be designated by you, to answer oral questions under oath and to produce documents pursuant to a properly issued subpoena duces tecum. Witness, the Honorable Judge Miles Sweeney of the Circuit Court of Greene County, Missouri, this day of October, 2005 r,E T IFIED COPY MICHAEL A. LARRY CLERK GR UNITY CIRCUIT COURT BY D 4- pate Or T 2 0 ?nnr IN DM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE YLVAI?C" hill CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al.,, Plaintiffs, V. BALANCED CARE CORPORATION, et al., Defendants. BALANCED CARE CORPORATION, Third Party Plaintiff, V. ALIN4TON D. KILGORE, Third-Party Defendant. CIVIL ACTION -LAW No. ORDER OF COURT AND, NOW, this 2%w of 2006, upon consideration of the annexed Petition for Issuance of Subpoena to Take Deposition and upon motion of the counsel for Petitioner, it is hereby ORDERED that the Prothonotary of Cumberland County issue a Subpoena directed to James Diebold, as described more fully in the attached Notice of Deposition Duces Tecam, directing his attendance at a deposition to be conducted under the Pennsylvania Rules of Civil Procedure and to be held at the offices of Pepper Hamilton LLP, 200 Keystone Plaza, Harrisburg, Pennsylvania 17108, on November 3, 2006, at 10:00 a.m. BY THE COURT: i Tirtt?r r,y boo y No. 06-6114 6'''''I% G„ . HARTMAN UNDERHILL & BRUBAKER LLP Mark E. Lovett, Esquire Attorney I.D. No. 41071 221 East Chestnut Street Lancaster, PA 17602-2782 (717) 299-7254 Fax: (717) 299-3160 Attorneys for Defendant CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al., Plaintiffs V. BALANCED CARE CORPORATION, et al. Defendants BALANCED CARE CORPORATION, Third-Party Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6114 CIVIL TERM V. ALINGTON D. KILGORE, Third-Party Defendant : TO THE PROTHONOTARY: ENTRY OF APPEARANCE Please enter my appearance on behalf of Plaintiff Christian Health Care of Missouri, Inc., et al., in the above-captioned matter. Dated: Z-`l a xt 2cx , HARTMAN UNDE & BRUBAKER LLP By: Mark E. Lovett, Esqu Attorney I.D. No. 41071 Attorneys for Plaintiff, Christian Health Care of Missouri, Inc. 00502532.1 No. 06-6114 Civil Term CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving the foregoing document upon the persons and in the manner indicated below. Service by first class mail and addressed as follows: John R. Gunn, Esquire The Gunn Law Firm, P.C. 1714 Deer Tracks Trail, Suite 240 St. Louis, MO 63131 Brett Roubal, Esquire Suite 2-102 Two Corporate Centre 1949 East Sunshine Street Springfield, MA 65804 Dated: January 24, 2008 By: 00502532.1 TMAN UNDERHILL & BRUBAKER LLP Mark E. Lovett, E3'tdire Attorney T.D. No. 41071 Attorneys for Plaintiff, Christian Health Care of Missouri, Inc. -2- Commonwealth of Pennsylvania County of Cumberland CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al., Plaintiffs V. BALANCED CARE CORPORATION, et al., Defendants BALANCED CARE CORPORATION, Third-Party Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6114 CIVIL TERM SUBPOENA TO ATTEND AND TESTIFY To: James Diebold 304 Deanhurst Avenue Camp Hill, PA 17011 1. You are ordered by the Court to come to HARTMAN UNDERHILL & BRUBAKER LLP,. 221 East Chestnut Street, Lancaster, Pennsylvania, on Thursday, March 6, 2009 at 10:00 o'clock, A.M., to testify on behalf of Plaintiff in the above case, and to remain until excused. 2. And bring with you the following: the documents descnbed in Exhibit A to the attached Amended Notice of Videotape Deposition Duces Tecum. 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: Plaintiff Attorney: Mark E. Lovett, Esquire Address: 221 E. Chestnut St., Lancaster, PA_. Telephone: (717) 299-7254 Identification # 41071 BY THE COURT: Date: By. (Name of Prothonotary) Seal of the Court Official Note: This form of subpoena shall be used whenever a subpoena is issuable under Rule 234.1, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. To require the production of documents, or tbings in addition to testimony, complete paragraph 2. 00502426.1 No. 06-6114 Civil Term HARTMAN UNDERHILL & BRUBAKER LLP Mark E. Lovett, Esquire Attorney I.D. No. 41071 221 East Chestnut Street Lancaster, PA 17602-2782 (717) 299-7254 Fax: (717) 299-3160 Attorneys for Defendant CHRISTIAN HEALTH CARE IN THE COURT OF COMMON PLEAS OF OF MISSOURI, INC., et al., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. BALANCED CARE CORPORATION, et al Defendants BALANCED CARE CORPORATION, Third-Party Plaintiff, NO. 06-6114 CIVIL TERM V. ALINGTON D. KILGORE, Third-Party Defendant PLAINTIFF'S AMENDED NOTICE OF VIDEOTAPE DEPOSITION DUCES TECUM DIRECTED TO JAMES DIEBOLD Pursuant to Rule 4017.1 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that a videotape deposition for discovery and for use at trial has been scheduled as follows: Person to be deposed: James Diebold 304 Deanhurst Avenue Camp Hill, PA 17011 00502417.1 No. 06-6114 Civil Term Place: Hartman Underhill & Brubaker LLP 221 East Chestnut Street Lancaster, PA 17602 Date: Thursday, March 6, 2008 Time: 10:00 a.m. The deposition shall be videotaped by a representative of Video Images, 155 Wynshire Lane, Red Lion, Pennsylvania 17356 The deposition shall be simultaneously recorded by stenographic means by a representative of Hughes, Albright, Foltz & Natale Reporting Service. 2080 Linglestown Road, Harrisburg, Pennsylvania 17110. Pursuant to Pa. R.C.P. 4008. l(d)(1), the deponent is directed to bring with him to the deposition any documents in his possession or control as specified in Exhibit A to this Amended Notice of Videotape Deposition Duces Tecum. HARTMAN UNDERHILL & BRUBAKER LLP Dated: By: Mark E. Lov , quir Attorney I.D. No. 41071 Attorneys for Plaintiff, Christian Health Care of Missouri, Inc. 00502417.1 EXHIBIT A You are instructed to respond to these requests with reference to all information in your possession, custody or control or reasonably available to you, if you contend that any document which is requested to be identified is protected by the attorney-client privilege, the work product doctrine or any other basis, then identify each such document in your response by providing a full privilege log containing the following in sufficient detail to evaluate your claim of privilege: a. The date of the document; b. the author of the document; c, the addressee of the document; d, each person who saw or received a copy of the document; e, the title or label of the document; and f. the subject matter of the document. 20,?2as 1, "Document" shall mean any kind of written, typewritten, printed, recorded (in whatever form), computer produced or graphic materials, however produced or reproduced, including, memoranda, letters, e-mails, notes, brochures, communication, drawings, graphs, charts, photographs, microfilms, microfiches, telegrams, newspaper advertisements or articles, diaries, questionnaires, commentaries, notebooks, minutes, calendws, analyses, projections, ledger sheets, accounts, bills, invoices, checks, drafts, money orders, journals, publications, contracts, records, tape recordings, transcripts of records and recordings, business records, loans, exhibits, appendices, amendments, addenda, schedules, promissory notes, guaranties, summaries and/or records of telephone conversations, summaries and/or records of personal conversations, summaries and/or records of meetings and conferences and summaries and/or records of negotiations or investigations relating to the subject matter to which these document requests refer and includes, without limitation, originals, copies (including non-identical copies) and drafts now in your possession or under your control. 2. "Communieadon" shall mean any transmission of information, the information transmitted, and any process by which information is transmitted, and shall include written communications and oral communications recorded by any means. 3, "Relating" "or "regarding" shall mean pertaining, constituting, reflecting, evidencing, representing, supporting, contradicting, referring, stating, describing, recording, noting, embodying, containing, mentioning, studying, analyzing, discussing, evaluating, or being relevant to. 4. "Yourself' and "your" shall mean James Diebold, and any agents. or representatives acting or purporting to act on your behalf. 5. "WPH" shall mean Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. b. "MMC" shall mean Meditrust Corporation, and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf, 7. "BCC" shall mean Balanced Care Corporation, and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 8. "HHP" shall mean Hawthorn Health Properties, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. Document Rearrests 1. All documents relating to the purchase of the-stock of Hawthorn Health Properties, Inc., including that stock owned by yourself and F. David Carr; by Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, einpl ees,-mpresentatives and all other persons acting or purporting to act on its behalf 2. All documents relating to any remuneration to be received by J. Gray Beverly, and all agents, employees, entities, representatives and all other persons acting or purporting to act on his behalf, for services rendered pursuant to the purchase of the stock of Hawthorn Health Properties, Inc., including that shock owned by yourself and F. David Carr, by Wakefield Property Holdings, inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. 3. All documents relating to any remuneration to be received by Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf, for services rendered pursuant to the purchase of the stock of Hawthorn Health Properties, Inc., including that stock owned by yourself and F. David Carr, by Wakefield Property Holdings, Inc., and any predecessor or successor in interest, subsidiary, affiliated or related entity, and its agents, employees, representatives and all other persons acting or purporting to act on its behalf. -5- . 4. All documents from 1995 to present, relating to WHP. 5. All documents from 1995 to present, relating to MMC. 6. All documents from 1995 to present, relating to BCC. 7. All documents from 1995 to present, relating to HHP, 8. All documents from 1995 to present, relating to F. David Carr, and all agents, employees, entities, representatives and all other persons acting or purporting to act on his behalf, 9. Tax returns for yourself from 1995 to present. -6- No. 06-6114 Civil Term CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving the foregoing document upon the persons and in the manner indicated below. Service by first class mail and addressed as follows: John R. Gunn, Esquire The Gunn Law Firm, P.C. 1714 Deer Tracks Trail, Suite 240 St. Louis, MO 63131 Brett Roubal, Esquire Suite 2-102 Two Corporate Centre 1949 East Sunshine Street Springfield, MA 65804 ARTMAN UNDERHILL & B R LLP Dated: Z`/' By: Mark E. Lovett, Esquu Attorney I.D. No. 41071 Attorneys for Plaintiff, Christian Health Care of Missouri, Inc. 00502417.1 -3- No. 06-6114 Civil Term CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving the foregoing document upon the persons and in the manner indicated below. Service by first class mail and addressed as follows: John R. Gunn, Esquire The Gunn Law Firm, P.C. 1714 Deer Tracks Trail, Suite 240 St. Louis, MO 63131 Brett Roubal, Esquire Suite 2-102 Two Corporate Centre 1949 East Sunshine Street Springfield, MA 65804 Dated: January 24, 2008 HARTMAN UNDERHILL &BRUBAKER LLP By: Mark E. Lovett, Esquire Attorney I.D. No. 41071 Attorneys for Plaintiff, Christian Health Care of Missouri, Inc. 00502416.1 -4- ? s.1 `. : '-c`f _? (...W " li _, .a"1 y. .,. ? J +¢-? ?.a ?_?. _.:.t f' , i_ 4, .' le 9 HARTMAN UNDERHILL & BRUBAKER LLP Mark E. Lovett, Esquire Attorney I.D. No. 41071 221 East Chestnut Street Lancaster, PA 17602-2782 (717) 299-7254 Fax: (717) 299-3160 ORI No. 06-6114 Civil Term "Attorneys fort Defendant CHRISTIAN HEALTH CARE IN THE COURT OF COMMOI PLEAS OF OF MISSOURI, INC., et al., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. BALANCED CARE 1 CORPORATION, et al. Defendants NO. 06-6114 CIVIL TERM BALANCED CARE CORPORATION, Third-Parry Plaintiff, V. ALINGTON D. KILGORE, Third-Party Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: i Please enter my appearance on behalf of Plaintiff Christian Health Care of Missouri, Inc., et al., in the above-captioned matter. HARTMAN UNDERHILL & Dated: By: Mark E. Lovett, Esqift Attorney I.D. No. 41071 LLP Attorneys for Plaintiff, Christian Health Care of Missouri, Inc. 00502532.1 .` r 9 No. 06-6114 Civil Term CERTIFICATE OF SERVICE i I HEREBY CERTIFY that I am this day serving the foregoi g document upon the persons and in the manner indicated below. Service by first class mail and addressed as follows: John R. Gunn, Esquire The Gunn Law Firm, P.C. 1714 Deer Tracks Trail, Suite 240 St. Louis, MO 63131 Brett Roubal, Esquire Suite 2-102 Two Corporate Centre 1949 East Sunshine Street Springfield, MA 65804 Dated: January 24, 2008 By: TMAN UNDERHILL & BRUBAKER LLP Mark E. Lovett, ,s ire Attorney I.D. No. 41071 Attorneys for Plaintiff, Christian Health Care of Missouri, Inc. 'i 00502532.1 -2- 1 _ ? ? z ? ?? .Fr ?. `?`i u ,a ?% _ " ? ,? ,? ?.. ?' r. No. 06-6114 Civil Term CHRISTIAN HEALTH CARE OF MISSOURI, INC., et al., Plaintiffs V. BALANCED CARE CORPORATION, et al., Defendants BALANCED CARE CORPORATION, Third-Parry Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ENNSYLVANIA I NO. 06-6114 CIVIL TERM ALINGTON D. KILGORE, Third-Parry Defendant ORDER AND NOW, this 11 ? day of January, 2008, upon of the Second Petition of Christian Health Care of Missouri, Inc., for Issuance of Subpoena to Take the Videotape Deposition of James Diebold, it is hereby ORDERED that the Prothonotary of Cumberland County shall issue a Subpoena directed to James Diebold, as described more fully in the attached Amended Notice of Videotape Deposition D?ces Tecum, directing his attendance at a deposition to be conducted under the Procedure, to be held at the offices of Hartman Underhill & Chestnut Street, Lancaster, PA 17602, on Thursday, March 6, 2 BY THE COURT: N\ -'V"' ?_ M..L. EBERT, R is Rules of Civil LLP, 221 East at 10:00 a.m. 00502416.1 t TT