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HomeMy WebLinkAbout96-05960 ':,\'" ~; ';'" ~~.', J:", , t. ~\..!>, : ;_\'j:!,o .'," A I ",:\",W >':- '. , . I ;':'-~'<:N :,..;;:; '.' ;i:'J3CO~ ,,","L'; .,..," .... ..' ,.'.... "", .... ..... -;:<'-.. h,; ". , .. .i~":,> -'>~",.. , ':..~,.,",..: ,.' .' .'~ ,. ,'. ,.,~ j~ .~ d o ......, IT; ..9 1 cT( o -Z '\ I I I ! v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- 59 'c) CIVIL TERM JOSEPH SCHATZLE, JR., Plaintiff ALBERT E. GRADY, individually and as principal of the Officers of Albert E. Grady, Defendants ORDER OF COURT AND NOW, this ~ day of --f.J~)"'- L.ofl'f" , 1996, upon consideration of the within Petition, the prothonotary is directed to issue a subpoena to the Keeper of Records of The Sentinel in the form attached as Exhibit "C". By the Court, \"~ ,:;'\; 11~' )\~l.' )," ''''':) .. '0' _'I "., I ' '.'! ;-" 0,",', I.. - h....:.l .0 ;.J~;/;..~' .', I... ..: ; ,.:. .:;] 3:.,u.:C.(jj ld JOSEPH SCHATZLE, JR., plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96- CIVIL TERM ALBERT E. GRADY, individually and as Principal of the Offices of Albert E. Grady, Defendants PETITION FOR ISSUANCE OF SUBPOENA AND NOW, comes the Defendant, Albert E. Grady, by his attorneys, Fowler, Addams, Shughart & Rundle, and petitions Your Honorable Court for the issuance of a subpoena aD follows: 1. There is an action pending filed to No. 95-17758 in the Superior Court for the County of Plymouth, Commonwealth of Massachusetts entitled Joseph Schatzle, Jr. v. Albert E. Grady, Individually and as Principal of the Offices of Albert E. Grady. 2. In said action the Defendant filed the motion attached as Exhibit "A" for the issuance of commissions to take ollt-of- state depositions. 3. In response to said motion, the court issued an Order for issuance of commission to take out-of-state deposition of The Sentinel. A certified copy of the order is attached as Exhibit "B". 4. Said Order provides that a commission be issued to take the deposition of the Keeper of Records of The Sentinel to produce documents concerning, "employment by Joseph Schatzle, including but not limited to his dates of employment; his salary, AND NOW, this CERTIFICATE OF SERVICE day of , 1996, I, William A. Addams, of Fowler, Addams, Shughart & Rundle, attorneys for Defendant, hereby certify that I have served a copy of the Petition for issuance of subpoena by mailing a copy of the same by United States mail, postage prepaid, addressed as follows I Robert N. Meltzer, Esquire P.O. Box 66188 Auburndale, MA 02166 Jeffrey M. Graeber, Esquire Law Offices of Jeffrey M. Graeber 15 Foster Street Quincy, MA 02169 ..... --...... .. "-- personal injuries he sustained in a car accident where the car he was driving was struck from behind by another vehicle. The motor vehicle accident occurred in California in February 1990. In order to prepare a reasonable and adequate defense to the liability and damages issues in the case, Defendant wishes to take the depositions and/or to obtain documents from the following witnesses: 1. DANIEL BRUMER Daniel Brumer was the driver of the vehicle that struck plaintiff. Brumer is a California resident, with a last known address is 2645 Fourth Street, Apartment #5. Santa Monica, California 90405. Defendant reasonably believes that Brumer possesses information and documents that are relevant and material to the issues in the present lawsuit. including but not limited to Brumer's knowledge about the accident. its severity, and the amount of any insurance available to him. As an example, Defendant is entitled to conduct discovery on the extent to which a judgment in any personal injury lawsuit. if one had been filed, could have been collected from Brumer. Insofar as Plaintiff must establish damages as a result of Defendant's conduct, information as to Brumer's assets and ability to satisfy a judgment are a reasonably necessary part of Defendant's discovery in this case. Therefore, Defendant requests a 2 commission for the deposition of Daniel Brumer under the terms set forth in the attached Proposed Order, 2. 20TH CENTURY INSURANCE COHPANY Brumer's insurance company was 20th Century Insurance Company ("20th Century"), 3960 Via Oro Avenue, Long Beach, CA 90810. 20th Century performed an investigation of the accident. Subsequently, Plaintiff retained Defendant to submit a claim on his behalf to 20th Century, and Defendant had a number of communications with 20th Century. Plaintiff alleges that Defendant was negligent in the handling of this matter and further that Defendant negligently failed to file a lawsuit against Brumer within the applicable period of limitations. Defendant contends that 20th Century's employees acted improperly in the course of his dealings with them. Defendant reasonably believes that 20th Century possesses information and documents that are relevant and material to the issues in the present lawsuit. As one example, because plaintiff claims that he would have received insurance proceeds had Defendant not been negligent, it is important to obtain a copy of the applicable insurance policy. In addition, to the extent that plaintiff claims that Defendant committed fraud in his communications with the Plaintiff concerning his discussions with 20th Century, a necessary aspect of Defendant's defense 3 will be obtain documents and examine witnesses from 20th Century. Therefore, Defendant requests a con~ission for the deposition of ~he Keeper of Records of 20th Century as well as the deposition of witnesses designated under Rule 30(b) (6) to testify on behalf of the corporation, under the terms set forth in the attached Proposed Order. 3. Charles Schatzle At the time of the accident, Plaintiff was living in Poughkeepsie, New York but was visiting his brother Charles Schatzle who then resided in Venice, California. plaintiff reportedly was driving Charles Schatzle's car at the time of the accident. Defendant reasonably believes that Charles Schat7.le, presently residing at 126 East San Mateo Road, Santa Fe, New Mexico 87501, possesses information and documents that are relevant and material to the issues in the present lawsuit. Defendant requests a commission for the deposition of this witness under the terms set forth in the attached proposed Order. 4 . ANDRE CAREY Plaintiff reportedly spoke with an individual identified Andre Carey, a friend who was a lawyer in California, shortly after the accident. Defendant reasonably believes that Andre possesses information and/or documents that are relevant and material to the issues in the present lawsuit. Defendant requests a commission for 4 the deposition of this witness under the terms set forth in th& attached proposed Order. 5, Dr. Jonathan Rand Shortly after the accident, Plaintiff sought medical treatment in California by Dr. Jonathan Rand. Defendant reasonably believes that Dr. Rand possesses information and documents that are relevant and material to the issues in the present lawsuit. Defendant requests a commission for the deposition of the Keeper of Records of Dr. Rand's office located at 4644 Lincoln Blvd., Suite 507, Marina Del Ray, CA as well as for the deposition of Dr. Rand himself, under the terms set forth in the attached proposed Order. 6. NEW YORK HEALTH CARE PROVIDERS poughkeepsie Chiropractic Associates John F. Shaughnes~y, D.C. Dr. Robert S. Exelbert Beiber, Hise and Oremland 0.0.0. Thomas G. Pendell, D.C., P.C., Janice M. Wardell Montefiore Medical Center Dr. Peter D. Lichtenstein Approximately three months after the accident, Plaintiff returned to New York where he obtained additional medical treatment by several health care providers including: Poughkeepsie Chiropractic Associates, 46 Lincoln Avenue, Poughkeepsie, NY 12601-4518; Dr. Robert S. Exelbert, Hyde Park Shopping Center, Albany Post Road, Hyde Park, NY 12538; Josef G. Bieber. D.D.S., Clayton J. Hise D.M.D., George A. Oremland, D.D.S., Southern Dutchess Professional 5 - .~ .. Defendant's conduct) prevent him from working. He alleges extensive lost earnings and earning capacity, Defendant reasonably believes that The Sentinel, The Poughkeepsie Journal, and The Reporter Dispatch possess information and documents that are relevant and material to the issues in the present lawsuit. Defendant also believes that Shelly Stallsmith, a co-worker and supervisor at The Sentinel, also possesses discoverable information on Plaintiff's emplcyment. Upon information and belief, Ms. Stallsmith is a Pennsylvania resident. Defendant requests commissions for the depositions of Ms. Stallsmith and the Keeper of Records of these employers, as well as for the depositions of witnesses designated under Rule 3D(b) (6) to testify on behalf of these employers, under the terms set forth in the attached Proposed Order. WHEREFORE, Defendant respectfully requests that the Court enter orders issuing commissions for each of the above-mentioned depositions. Proposed orders are attached for the Court's conveni.ence. 7 Respectfully submitted, DEFENDANT ALBERT E. GRADY, By his attorneys, I, .( r I.,. n ...... I .\ 1 I t\;-. ~ I : (. , ~ Michael DeMarco/(BBOn 119960) Antoinetr.e D. Hubbard (BBOn 547476) Kristine E. George (BBOn 561414) WARNER & STACKPOLE, LLP 75 State Street Boston, MA 02109 (617) 951-9000 Dated: May~, 1996 CERTIFICATE OF SERVICE I, Kristine E. George, hereby certify that on this ~~ day of May, 1996, I served the foregoing MOTION OF DEFENDANT ALBERT E. GRADY FOR COMMISSIONS FOR OUT-OF-STATE DEPOSITIONS on the plaintiff by causing a copy thereof to be mailed, first class mail, postage prepaid, to his attorney of record: Robert N. Meltzer, Esq. Law Offices of Robert N. Meltzer P.O, Box 66188 Auburndale, ~~ 02166 1,,( ,( ..t,.<], -f, Ii , f 11 ; {'1 " ,'/ Kristine E. Geor6e ' 4-1497.1.46:1188]1.2 8 ~TH OF PENNSYLVANIA COONl'Y OF Clt1BERLAND JOSEPH SCHATZLE, JR. Plaintiff file No. 96- CIVIL TERM v. ALBERT E. GRADY, individually and as principal of the Offices of Albert E. Grady : SUBPOENA TO: Keeper of Records, The sentinel, 457 East North Street, Carlisle, FA 17013 1. You are ordered by the court to come to the Offices of Fowler, Addams, Shughart & Rundle, 28 South pitt Street, (specify courtroom or other place) at carlisle Cumberland County, pennsylvania, on 11/20/96 at 10:00 A. M., to testify on behalf of o'clock, the Defendant in the above case, and to rerrain until excused. 2. And bring with you the followingl Your complete file concerning employment of Joseph Schatzle, including but not limited to his dates of employment, his salary, wages and benefits, his job responsibilities, 'ob rformance and evaluations, and reasons for* I you fail to attend or to produce the docurents 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 irTpril'onment. ISSUED BY A PARl"i/COUNSEL IN cct-lPLIANCE WITH Pa.R.C.P. ~. 234.2(a) NAME I William A. Addams *his departure from employment. ADDRESS, 28 Scuth pitt Street Carlisle, PA 17013 TELEPHONE, (717) 249-8300 SUPREME COURl' IOH 06265 BY THE COURT I DATE I I 1996 Seal of the Court prothonotary, Civil Division Deputy OFFICIAL Nal'E, 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. ~. 234.1. If a subpoena for production of docurents, records or things is desired, cooplete paragraph 2. Exhibit "c" (Rev. 1/90) \'1'.'~ """ :" I I I .... _. ~ r~ N ~ ~(~~~ I"'- '- ~ ,J ~ .:r In - ~ .. ~J~ ~ ~ I~ M ct~ t::6 :c )~.. " a.. ."~ ll>o ~ ~. ,.C"... K CI :,:.(,) ~ ....... ~ M "I~ 2j@i ~ t- " ,l,J.] ~ (..\ . 1) a.. Cl -: 15 ~" ':5 0" U . .