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MAY 12 1994~)'J
IN THE COURT OF COKMON PLEAS,
NINTH JUDICIAL DISTRICT COURT,
IN AND FOR CUMBERLAND COUNTY,
PENNSYLVANIA
DAVID BURTON and
JIAN DURTON, his wif.,
plaintiffs,
CIVIL ACTION NO.
C) + - .:l 5' 'i 'I- C '-"..( :r../V>oo.....
vs.
LOS HAVEN ASSOCIATION, INC.,
and JEROME KIRKLAND,
Defendants.
I
MOTION TO PERMIT ISSUANCE OF SUBPOENA DUCES TECUM
AND DEPOSITION
COMES NOW the Defendant, LOS HAVEN ASSOCIATION, INC., by and
through its undersigned attorney and states that a civil litigation
action entitled David Burton and Jean Burton. his wife, v. Los
Haven Association. Inc, and Jerome Kirkland, Case No, 90-14460-CA
has been filed in the Circuit court, Fourth Judicial circuit, in
and for Duval County, Florida,
At present, trial of this matter is scheduled before the
Honorable Charles 0, Mitchell, Jr., beginning June 27,1994, in
JaCksonville, Florida. In order to properly prepare for trial in
this action, Defendant, LOS HAVEN ASSOCIATION, INC'r requests that
the deposition duces tecum of Mr. John Dunsmore, a resident of
Newville, cumberland county, Pennsylvania, be taken in the county
in which he resides, Defendant, LOS HAVEN ASSOCIATIaNr INC" has
received an Order Appointing commissioner authorizing the court
reporting firm of Geiger & Loria to report and take the deposition
.
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IN THB CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTy, FLORIDA
CIVIL ACTION NO. gO-144eO-CA
DAVID BURTON and
JIAH BURTON, hi. viti,
plaintiffs,
v..
LOS HAVEN ASSOCIATION, INC.,
and JEROME KIRKLAND,
Dlfendants.
I
ORDER APPOINTING COKKISSIONER
This cause came to be heard on Defendant, LOS HAVEN
ASSOCIATION, INC.' S, Motion to Appoint commissioner relating to the
deposition of Mr. John Dunsmore, and the court having considered
the positions of counsel and the upcoming trial date, and the Court
being otherwise fully advised in premises, it is
ORDERED AND ADJUDGED that the Motion Appointing commissioner
is hereby GRANTED, authorizing the court reporting firm of GEIGER
, LORIA, 2408 Park Drive, suite 5, Harrisburg, pennsylvania 17110,
as commissioner to have issued a subpoena duces tecum and serve
said subpoena duces tec~m on Mr. John Dunsmore, as is required to
compel his attendance at deposition and to produce any records or
documents regarding the swimming, water and safety instruction ot
David Burton as a student in the Big spring District Schools, and
to administer the oath, to report and take the deposition ot Mr.
John Dunsmore, and to transcribe same in accordance w~~ctel .1~.W~
AIIR 28 1994
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