The URL can be used to link to this page

Home My WebLink About96-00494 ~ . <c- d ~ + l: .Ii 7 1 V) ~ J -::r cr :t ~ cr. / \ i i I I 1 1 ! 1 i 1 1 I i 1 i I i I \ '", \ \ I ! / DONALD P. SHAW, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-494 TITAN CORPORATION - and. JACK EDDLEMON, Defendants. (It ~ ORDER AND NOW, the ~ day of February, 1996, upon the petition of Titan Corporation it is hereby ORDERED that the Prothonotary shall issue a subpoena duces tecum, in the form shown by "Exhibit An within, directing the Chief of Medical Records, Dunham U.S. Army Health Clinic, Carlisle Barracks to appear for a deposition on the 13th day of February, 1996 at 11 :00 a.m., at the offices of Geiger & Loria Reporting Service, 2408.B Park Drive, Harrisburg, P A 17110 and to bring with him the entire medical file of Donald P. Shaw for the period January I, 1992 to the present and any records from any time referencing treatment and/or complaints relative to shingles and/or weight. Said records shall include, but are not limited to, histories, tests and their results, notes, correspondence and any and all other things pertaining to Donald P. Shaw. Any person authorized to administer oaths and record and transcribe deposition testimony under the laws of the Commonwealth is hereby appointed to do so in regard to this matter BY THE COURT c: , FLEr:-(,,~f ::.;: .0';"'-,'.,' i,11 S,j F;.~ -"; (i" . -',., 1 ... . C'L '"'. ,. ~ . ~. ~ v ,jl , -,', '.. .i\ .- v. DONALDP. SHAW, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 96.494 TITAN CORPORATION . and. JACK EDDLEMON, Defendants. PETITION FOR ISSUANCE OF SUBPOENA RELATING TO A FOREIGN ACTION The Petitioner, Titan Corporation, by its attorneys Hazel & Thomas, P.C., respectfully applies to the Court for subpoenas duces tecum pursuant to 42 Pa.C.S. ~S326, for the following reasons: I. The requested subpoena duces tecum is to direct the Chief of Medical Records, Dunham Army Health Clinic, Carlisle Barracks to appear for a deposition before a notary public on the 13th day of February, 1996 at 11:00 a.m. at the offices of Geiger & Loria Reporting Service, 2408-B Park Drive, Harrisburg, PA 17110 and to bring with him the entire medical file of Donald P. Shaw for the period January 1, 1992 to the present and any records from any time referencing treatment and/or complaints relative to shingles and/or weight. Said records shall include, but are not limited to, histories, tests and their results, notes, correspondence and any and all other things pertaining to Donald P. Shaw. A proposed subpoena form is attached hereto as "Exhibit A." 2. Said Custodian of Medical Records is a material witness in said action. 3. Proper notice of said deposition has or will be provided to all parties hereto in accordance with the practice and procedure of the Courts of this Commonwealth and with the Supreme Court of Virginia. 4. Pursuant to the Uniform Deposition Act, a portion of which is codified at 42 Pa. S.C. ~S326, this Honorable Court may order a person domiciled in this state to give his deposition for use in a matter pending in a tribunal.outside this Commonwealth. S. Further, 42 Pa.C.S.~S326 provides that the Court may enter such an order upon application of any interested party. - . . WHEREFORE, the Petitioner, Titan Corporation, respectfully requests the Court to grant this Petition and issue the Order attached hereto directing the Prothonotary to issue the requested subpoena. Respectfully submitted, --- lcae . up PeMsylvania Bar Hazel & Thomas, P.O. Box 820 Alexandria, Virginia 22313 (703 I {,'II- '/.1 '10 ~ ~ . " ..... ~ ... --.1' " , <)- .~ . .t '... Q ... , , ~ ~ " ~~ , ~ >! ,l j '" .. .~ ~ " .~ ~ ... ... .~ ''( ., ~ ,," .~ "'.J ..... JAN '.: {;.. if DONALD p, SHAW, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO'1'(,~ /'f4- (I~;,,- t ,Jl I -wI.. Plaintiff, v, TITAN CORPORATION - and - JACK EDDLEMON, Defendants. : sf ~~ER AND NOW, the ~ day of 1996, upon the petition of Titan Corporation it is hereby ORDERED that the Prothonotary shall issue a subpoena duces tecum, in the form shown by "Exhibit B" within, directing the Custodian of Personnel Records for the Pennsylvania Emergency Management Agency (PEMA) to appear for a deposition on the 6th day of February, 1996 at 11 :00 a.m., at the offices of Geiger & Loria Reporting Service, 2408-B Park Drive, Harrisburg, P A 17110 and to r bring with him the entire personnel file for Donald P. Shaw including, but not limited to applications for ' employment, performance evaluations, memoranda, correspondence, payment and benefit information and any and all other written and printed materials of any nature concerning Donald P. Shaw; it is further ORDERED that the Prothonotary shall issue a witness subpoena, in the form shown by "Exhibit C" within, directing Joan F, Shaw to give deposition testimony, under oath, on the 6th day of February, 1996 at 11:00 a.m. at the offices of Geiger & Loria Reporting Service, 2408-B Park Drive, Harrisburg, PA 17110. Any person authorized to administer oaths and record and transcribe deposition testimony under the laws of the Commonwealth is hereby appointed to do so in regard to this matter . -- In '- b~ j:.i. C'.! f:-; UJ~': .. 3,- l'"," ' - Q!t:7-: C' '-:;:<,. :!::; a: -';". y, ~~ ;-~ Gr C"> ~\~ r:~ .~J, -, ',;::..::..; w.:' -. r.) ttJ I .. -.' t!~u... 1.1. ...., ;:, c; {....l V -' DONALDP. SHAW, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, No. qt.- -...,. q+ C~ .T~",,.,.... TITAN CORPORATION - and - JACK EDDLEMON, Defendants. PETITION FOR ISSUANCE OF SUBPOENA RELATING TO A FOREIGN ACTION The Petitioner, Titan Corporation, by its attorneys Hazel & Thomas, P.C., respectfully applies to the Court for subpoenas duces tecum pursuant to 42 Pa.C.S, ~S326, for the following reasons: 1, Titan Corporation is the Defendant in a civil action known as Donald P. Shaw v. Titan COqloration and Jack Eddlemon, Law No. 140219, Circuit Court for Fairfax County, Commonwealth of Virginia. 2. Attached hereto as "Exhibit A" is a commission issued by the Circuit Court for Fairfax County, Commonwealth of Virginia regarding the taking of depositions by Titan Corporation in this matter. 3. The requested subpoena duces tecum is to direct the Custodian of Personnel Records of the Pennsylvania Emergency Management Agency ("PEMA") to appear for a deposition before a notary public on the 6th day of February, 1996 at 11:00 a.m. at the offices of Geiger & Loria Reporting Service, 2408-B Park Drive, Harrisburg, P A 17110 and to bring with him the entire personnel file for Donald P. Shaw including, but not limited to applications for employment, performance evaluations, memoranda, correspondence, payment and benefit information and any and all other written and printed materials of any nature concerning Donald P. Shaw which is the subject of Law No. 140219, Circuit Court for Fairfax County, Commonwealth of Virginia. A proposcd subpoena form is attached hereto as nExhibit B." 4. The requested witness subpocna is to direct Joan F. Shaw to appear for a deposition before a notary public on the 6th day of Fcbruary, 1996 at II :00 n.m. at the offices of Geigp.r & Loria Reporting Service, 2408-B Park Drive, Harrisburg, P A 17110. A proposed subpoena form is attached hereto as "Exhibit C." S. Said Custodian of Personnel Records ofPEMA is a material witness in said action. 6. Joan F. Shaw is the wife of Donald Shaw and is a material witness in said action. 7. Proper notice of said deposition has or will be provided to all parties hereto in accordance with the practice and procedure of the Courts of this Commonwealth and with the Supreme Court of Virginia. 8. Pursuant to the Uniform Deposition Act, a portion of which is codified at 42 Pa. S.C. ~S326, this Honorable Court may order a person domiciled in this state to give his deposition for use in a matter pending in a tribunal outside this Commonwealth. 9. Further, 42 Pa.C.S.~S326 provides that the Court may enter such an order upon application of any interested party. WHEREFORE, the Petitioner, Titan Corporation, respectfully requests the Court to grant this Petition and issue the Order attached hereto directing the Prothonotary to issue the requested subpoenas. Respectfully submitted, By: :1:.. ., t' - . VIRGINIA: IN THE CIRCUIT COURT OF FAIRFAX COUNTY r DONALD P. SHAW, ~ I ~ Law No. 140219 Plaintiff, v, TITAN CORPORATION, ~Al, Defendants. ORDER OF COMMISSION TO ANY JUDGE, MAGISTRATE, OR OTHER JUDICIAL OFFICER OR NOTARY PUBLIC OF THE STATE OF PENNSYLVANIA: GREETINGS I, a Circuit Court Judge in the Circuit Court of Fairfax County, having jurisdiction over the case captioned above, do by this document, authorize you to cause to come before you, to be examined as a witness in a case pending in the Circuit Court of Fairfax County, Commonwealth of Virginia, all and every such person, and at such time and place as shall be named to you for that purpose by Hazel & Thomas, P.C. as attorneys or agents for the defendant, Titan Corporation, and exhort and command you to issue a subpoena duces tecum commanding every such person to appear before you and upon his oath or solemn affirmation first made or taken before you, to testilY to the whole truth touching his knowledge of anything relating to the said matter and controversy between the sail parties; and that you do take his examination and reduce the same to writing. When you shall have so taken his examination, you shall ask the deponent or any party whether he or they wishes to have the deponent examine the transcription when the testimony is fully transcribed. If the deponent or any party does wish to have the deponent examine the transcribed testimony, you shall provide a copy of the transcript to the deponent and give him or her 30 days within which to review and sign the same. Any changes in form or substance which the deponent desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the deponent for making them. The deposition as changes, shall then be signed by the deponent, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is changed and is not signed by the deponent within 30 days after its EXHIBIT "A" I. submission to the deponent, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the deponent or the fact of the refusal or failure to sign together with the reason ifany, given therefor, At the foot of each transcript and copy, you are to append your certificate, setting forth the facts that are the examination was subscribed and sworn to by the witness, the date, time and place of its taking, and the residence of the witness. Should any paper or exhibit be produced or referred to by the witness, you are to describe the same in the examination, or cause it to be so marked as to establish its identity, and to attach to the transcription a copy of each and every paper or exhibit produced or referred to by the deponent. With the examination thus taken, you shall cause the transcript to be accompanied by a certificate of your official character, tested by the seal oCthe state; or should it be more convenient, such authentication and proof of your official character may be made by the certificate and seal of the clerk of any court of record of any county of the state, district or territory in which you reside; stating, also in addition to the fact of his being clerk, that the court is one of record, that at the time when the depositions were taken, you were an acting judge (or other such officer to whom this commission is addressed and considered) and duly commissiom;J .1.> such, And you will return the same and all exhibits produced attached to this COMMISSION, carefully closed up and under your seal, directed to the law offices of Hazel & Thomas, P.C., 3110 Fairview Park Drive, P.O. Box 12001, Falls Church, Virginia 22042, with the names of the said parties' litigant endorsed thereon, with all speed. J..3,/ff' ~'--6~~Crc:-k('~ -2- , ' ~ r- f=; . .. ~ .-:-: ~9 '.. - ;:~I...T" ...'),. fd ' :1: ()?; L.t~.. ...:.: l.) -- (~)~j c~ 0 "-'" ..;'. ~;; 1':'11 - ,', . ] ~.-"" li:-~ . :'- ~-. :J: /, .- j .. . '.)fiJ . ~-.;~ lr.. -"": (,) '..:':') :,J ,-. C,) ~ ~ ~-..J ""'" ~. --..., ~ I" ~ ~ ~ '"" ~ .... ~ ..... ;j~~ ry - -. -... [. ,