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Home My WebLink About00-05980 - r ,~ ci .. , ~' "j . ,. [r ~L_.ill'-,,- " , , . , THOMAS VINCENT HORES, JR., et. al., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 0-0_59JD ~ I.t-- TIMOTHY JON WEAVER, et. al., Defendant ORDER OF COURT AND NOW, this I..t" day of ~ ,2000, it is hereby ORDERED and DECREED that the Custodian of Records of Carlisle Hospital is required to submit to a deposition on Friday, September 8, 2000 at 10:30 a.m. at the offices of McGraw, Hait & Deitchman, 4 Liberty Avenue, Carlisle, Pennsylvania and produce the records identified in the Notice of Deposition and Subpoena attached to this Order. C~ {f1wU 9-.1.60 RK.s , , i II Ii " ,I Ii I' !;!1;.~ ~_"'" llJ , ~. " , '-~ ,"'_"r..,_o T;\'1Y CO SF? ,- hh lJ:I';Q . <.... C.'I'''.- Ui"l["I.~.; .,. . .-.., I' 'TV v ,~/_, ,'-'"" ,: f l) JU;\l' " PENNSY(\/i"iiA'" ," _d ,., _.~-- , - l-il1~~~~''''''l-'f~!I1W<#!,_~~_~U;~lW;ljij;!j'f~r'J''';''W'f0!"'>t;<WJj,wll?l!>'-~mr~~ . -.-,-..;- . ~'~1 'OJ r.)fElili:i~ " r ,. THOMAS VINCENT HORES, JR., et. al., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01:>. S'1?o G;;J I.L<- TIMOTHY JON WEAVER, et. al., Defendant APPLICATION TO ENFORCE A COMMISSION TO TAKE A DEPOSITION Applicant, Thomas Vincent Hores, Jr., (hereinafter referred to as Hores), by and through his undersigned counsel, Killian & Gephart, hereby applies to this Court to order the Custodian of Records of Carlisle Hospital to submit to a deposition in order to obtain hospital records of Defendant, Timothy Jon W eaver(hereinafterreferred to as Weaver) and in support thereof avers as follows: I. This application arises out of a case currently pending before the Court of Common Pleas of Trumbull County, Ohio, Case No. 98-CV-1556. 2. A trial is scheduled for this case on October 16, 2000. 3. Plaintiff has been seeking medical records from Carlisle Hospital regarding Defendant's physical and mental condition immediately after an accident with Plaintiff. 4. Plaintiff s counsel has attempted, on several occasions, to cooperatively obtain the requested documents from Defendant's attorney without success. 5. Carlisle Hospital will not forward the relevant records to Plaintiffs counsel without a signed authorization or a subpoena. >'~ ~~" - j --""'~>" ..;:~-;.[ - o-...~. _ ""~,,,,,"_.,, . , ,. 6. Plaintiff s counsel filed a Motion for an Order that Commissions Issue for the Taking of a Deposition outside of Ohio and a commission to take deposition with the Court in Trumbull County. (Motion is attached hereto as Exhibit "A"; Commission is attached hereto as Exhibit "B"). 7. An Order was signed by Judge Peter Kontos ordering the issuance of a Commission to take the deposition of the Records Custodian of Carlisle Hospital. (Order is attached hereto as Exhibit "C"). 8. Pursuant to 42 Pa.C.S.A. !l 5326 A Court of record of this Commonwealth may order a person who is domiciled or is found within this Commonwealth to give his testimony or statement or to produce documents or other things for use in a matter pending in a tribunal outside this Commonwealth. WHEREFORE, Plaintiff requests this Honorable Court sign the enclosed Order directing the Custodian of Records of Carlisle Hospital to submit to a deposition and produce the records specified in the enclosed Notice of Deposition and Subpoena. Respectfully submitted, Micl:tt~'connor, Esquire Killian & Gephart 218 Pine Street P. O. Box 886 Harrisburg, P A 17108 (717) 232-1851 Attorney 1. D. #76127 Dated: August A, 2000 Attorneys for Plaintiff 2 ,,'.. Ii . . IN THE COURT OF COMMON PLEAS OF TRUMBULL COUNTY, OHIO THOMAS VINCENT HORES, JR., et aI., Plaintiffs, v. Case No. 98-CV-1556 L- a ,- .~ ~ ~ .~ _--,c;'?:, ';r,:r.-"'-;:^, __. (flW :~,:;'j.~ . ~1'l:.;W .~,- rl' TIMOTHY JON WEAVER, et aI., JUDGE KONTOS -;t:J \ r"...,-, 0- \ o~ -0 :g, ci 'V >'1'\ C> '0 r" <.P o cf' ~ - ..~ ,"", ._.,-;__c~ -,-,-" ",' .~~J~~. "'-::'<'-::ff Defendants. MOTION FOR AN ORDER THAT COMMISSIONS ISSUE FOR ~E TAKING OF A DEPOSITION (WITH DUCES TECUM) IN ANOTHER STATE OUTSIDE OF OHIO Plaintiffs move this Court for an order issuing a commission for the taking of a deposition, in the state of Pennsylvania, to discover information relevant to the Trial of this case that is set to begin on October 16, 2000. Said deposition will be used for any reasons allowed by the Ohio Civil Rules Plaintiffs move for an order that the following commission issue to the following qualified person to take this deposition: COMMISSION TO BE DEPONENT DATE, TIME AND PLACE ISSUED TO OF DEPOSITION Geiger Loria Reporting Service Records Custodian September 8, 2000 Carlisle Hospital 10:30 a.m. 246 Parker Street Killian & Gephart LLP Carlisle, PA 17013 218 Pine Street Harrisburg, PA 17108-0886 This deposition is to be taken pursuant to a subpoena to be issued by the above-mentioned court reporting firm and/or special process server. Said subpoena will contain the following Duces Tecum provision: Clark. Perdue, Roberts & Scott Co., L.P.A. . -1-71 East Broad Street. Suite 1400' Columbus, Ohio 43215 Telephone: (61414M-1400 FAX: (614i469-090(l ;~". - '" ~, _I .c.~~ I\tij~,: "Bring with you any and all docwnents regarding any and all treatment rendered to Timothy Jon Weaver, SSN# 182- 56-5797, DOB: 9-26-60, who was admitted to your facility on or about December 31, 1997. Mr. Weaver states that he appeared at your hospital twice on the above date; once was an emergency room admission and the other was for lab tests. All docwnents produced should include medical records, reports, nurses notes, progress notes, diagnostic studies and reports, lab results (including alcohol or drug abuse results), and any and all counseling, psychiatric or psychological treatment records." Said deposition and records may be used as evidence in this case, and the deposition will be conducted until completed. A proposed Commission and Order are attached. CLARK, PERDUE, ROBERTS & SCOTT S: .. . ; " r j: . f k.G;[~.{( EDWARD L.CLARK Supreme Court No. 0032249 Attorney for Plaintiffs 471 East Broad Street, Suite 1400 Colwnbus,OH 43215 Telephone: (614) 469-1400 Facsimile: (614) 469-0900 MEMORANDUM IN SUPPORT The undersigned Plaintiffs' counsel has attempted, on several occasions, to cooperatively obtain the requested documents from Mr. Weaver's attorney, Jeffrey Jurca, without court intervention. All attempts have failed. Said deponent is a person who may possess information relevant to the October 16,2000, trial of this matter. Clark. Perdue, Roberts & Scott Co., L.P.A. ~ 47[ East Broad Street. Suite 1400' Columbu,. Ohil' -+_,2[5 Telephone: (614) 469-1400 FAX: ((,14) 469-09(Xl ., J ""'~I,i, Because of these failed attempts, Plaintiffs request that this order issue. CLARK, PERDUE, ROBERTS & SCOTT r;,~Vi~( /(ik1/T,!:! EDWARD 1. CLARK Supreme Court No, 0032249 Attorney for Plaintiffs CERTIFICATE OF SERVICE This is to hereby certify that a copy of the foregoing Motion For an Order that Commissions Issue For the Taking of a Deposition (With Duces Tecum) in Another State Outside of Ohio has been served upon Jeffrey J Jurca and Edward G. Hubbard, LANE, ALTON & HORST, 175 South Third Street, Columbus, Ohio, 43215, Attorneys for Defendants Timothy Jon Weaver and Nick Strimbu, Inc.; Douglas W. Rennie and Timothy C. Ammer, MONTGOMERY, RENNIE & JONSON, 36 East Seventh Street, Suite 2100, Cincinnati, Ohio, 45202-4413, Attorneys for Plaintiff Thomas Vincent Hores, Jr. and Third-Party Defendant Logistics Management, Inc.; and Timothy p, Ristau and Thomas J Connick, WESTON, HURD, FALLON, PAISLEY & HOWLEY L.L.P., 2500 Terminal Tower, 50 Public Square, Cleveland, Ohio, 44113-2241, Attorneys for Plaintiffs Logistics Management, Inc, Penske Truck Leasing Co., LP and S1. Paul Fire & Marine Insurance Company, via ordinary U.S. mail, postage-prepaid, this 15th day of August, 2000. Clark, Perdue, Roberts & Scott Co., L.P.A. ~ 471 East Bwad Street. Suit~ l-lOO. Columbus. Ohio 432 15 Telephone: (fil--l,46'l-I-!-OO fAX: (nl-!-) 46<,1-()900 - : ,"'- " " -lf~, CLARK, PERDUE, ROBERTS & SCOTT j' I I c.:C{.'V'tt/'Lr'( ^ / ./ . '0 , \...(('~ -(,t EDWARD L. CLARK Supreme Court No. 0032249 Attorney for Plaintiffs 4 Clark, Perdue, Roberts & Scott Co., L.P.A. .471 t:;!st Broad Street. Suite I..J-OO. Columbus. Ohio ..J-Jl!5 Telephone: (61..J-l4ol}-1400 FAX: (614} 469,o\mO , -..~-- - -I>!b,^ IN THE COURT OF COMMON PLEAS OF TRUMBULL COUNTY, OHIO THOMAS VINCENT HORES, JR., et aI., Plaintiffs, <:: <:) r-- """ ~ ~~, J: '~.',2h 0.........-. J;::"';,: v. Case No. 98-CV-1556 i I J - '-J TIMOTHY JON WEAVER, et al., mDGE KONTOS "" r" c-,"'1 0;:;::- ~ --- [ "" .~V_, ]).. C")," "" rr, r::, -i1' t:~ Co J ; ...... <.0 ~ g _:;.-;:__:-;t."C) .- ::::' -~- ~ :or Defendants. --.-:,-:~O COMMISSION TO TAKE DEPOSITION TO: Geiger Loria Reporting Service GREETINGS: Pursuant to the Order of our Common Pleas Court, a certified copy of which is attached hereto, you are hereby commissioned to take the following deposition, as upon oral cross-examination, and to continue until completed, for use in evidence in the above-referenced case: COMMISSION TO BE ISSUED TO DEPONENT DATE, TIME AND PLACE OF DEPOSITION Geiger Loria Reporting Service Records Custodian Carlisle Hospital 246 Parker Street Carlisle, PAl 70 13 September 8, 2000 10:30 a.m. Killian & Gephart LLP 218 Pine Street Harrisburg, P A 171 08-0886 You shall proceed without undue delay to cause such deponents to appear before you, pursuant to subpoena, and, under oath, to give his/her testimony in answer to questions propounded to him/her by counsel for the parties hereto. Clark, Perdue, Roberts & Scott Co., L.P.A. .471 East Braud Street. Suite 1400. Columbu~, Ohio 43215 Telephone: /(14) 469-1400 FAX: (614) 469-0900 '.= . . '.'.' , ~, 'O~_ i~", The subpoena shall contain the following Duces Tecum provision: "Bring with you any and all documents regarding any and all treatment rendered to Timothy Jon Weaver, SSN# 182- 56-5797, DOB: 9-26-60, who was admitted to your facility on or about December 31,1997. Mr. Weaver states that he appeared at your hospital twice on the above date; once was an emergency room admission and the other was for lab tests. All documents produced should include medical records, reports, nurses notes, progress notes, diagnostic studies and reports, lab results (including alcohol or drug abuse results), and any and all counseling, psychiatric or psychological treatment records." You will attach to the deposition your certificate, which may be in the form authorized by the laws of your state, and thereupon transmit the original deposition and certificates to Clerk of Courts, Trumbull County Common Pleas Court Courthouse, 160 High Street, N.W., Warren, Ohio, 44481, in a sealed envelope, endorsed with the title and number of this case and your name. Please provide copies, if requested, to interested parties. IN WITNESS WHEREOF, I hereunto subscribe my name and affix the seal of our Court this 17- day of August, 2000. By: Clark, Perdue, Roberts & Scott Co., L.P.A. ? 471 Ea.~t Broad Street. Suite 14il<). Columbus, Ohi(4)2l5 Tekphone: (614) 469-1400 FAX: 161-1, -Ih9.0900 . . . IN THE COURT OF COMMON PLEAS OF TRUMBULL COUNTY, OHIO THOMAS VINCENT HORES, JR., et aI., Plaintiffs, L o ('" Case No. 98-CV-1556 \ \ ,?'!' ~ ::::::>> ;!. :.;-\_:~r: \,~;.~, .:=~ -:;.' - "'<' TIMOTHY JON WEAVER, et aI., JUDGE KONTOS ~ {1"\..-n Q~ or .~r" -c 00 Y",", a' ""e> _. ~ v. Defendants. (.f) ~ ~ ~ ~ .~~ ,,- or \ \ ORDER ISSUING COMMISSION Upon application of Plaintiffs, and for good cause shown, it is hereby ORDERED that special commission be issued as follows for the taking of the following deposition: COMMISSION TO BE DEPONENT DATE, TIME AND PLACE ISSUED TO OF DEPOSITION Geiger Loria Reporting Service Records Custodian September 8, 2000 Carlisle Hospital 10:30 a.m. 246 Parker Street Killian & Gephart LLP Carlisle, P A 17013 218 Pine Street Harrisburg, PA 17108-0886 Said deposition is to be taken pursuant to subpoena issued by the above- .-\ . ~mentioned reporting agency and/or special process server. Said subpoena shall contain <P \ following Duces Tecum provision: <J) Q1 "Bring with you any and all documents regarding any and all treatment rendered to Timothy Jon Weaver, SSN# 182- 56-5797, DOB: 9-26-60, who was admitted to your facility ;z on or about December 31, 1997. Mr. Weaver states that he ~ <g appeared at your hospital twice on the above date; once was ~ \ <:) an emergency room admission and the other was for lab '\ ~ tests. All documents produced should include medical '%.. .'. records, reports, nurses notes, progress notes, diagnostic Clark. Perdue, Roberts & Scott Co., L.P.A. . 471 East Bmad Street. Suite ]400. Columbus. Ohio 43::!1 'i Telephone: (fi14) 469-1400 FAX: j6141469-{)900 ,'~ . -, ~. .n , ~~ " .. studies and reports, lab results (including alcohol or drug abuse results), and any and all counseling, psychiatric or psychological treatment records." Said deposition may be used as evidence in this case, and the deposition will be conducted until completed. In addition, it is ORDERED that any disputes involving this discovery by heard by this Court. ~ - \'l-CJ() DATE CLARK, PERDUE, ROBERTS & SCOTT ~lvvY~j /{i;:I/i.jL EDWARD L.CLARK Supreme Court No. 0032249 Attorney for Plaintiffs 471 East Broad Street, Suite 1400 Columbus,OH 43215 Telephone: (614) 469-1400 Facsimile: (614) 469-0900 Clark. Perdue, Roberts & Scott Co., L.P.A. ? 471 Easl Broad Slreel- Suite 14(Xlo Columbus. Ohio H?15 Telephone: (614) 469-1400 FAX: 1(14) 469-0900 ~~. - " . . , THOMAS VINCENT HORES, JR., et. al., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. TIMOTHY JON WEAVER, et. a!., Defendant NOTICE OF DEPOSITION TO: Custodian of Records Carlisle Hospital 246 Parker Street Carlisle, PA 17013 PLEASE TAKE NOTICE that pursuant to Rule 4007.1 of the Pennsylvania Rules of Civil Procedure, Plaintiff, Thomas Vincent Hores, Jr., will take the deposition of the Records Custodian of Carlisle Hospital, upon oral examination, for the purposes of discovery and/or use at trial, before a person authorized to administer oaths and record testimony, beginning at 10:30 a.m. on Friday, September 8, 2000. Said deposition will be held at the offices of McGraw, Hait & Deitchman, 4 Liberty Avenue, Carlisle, Pennsylvania. The deposition shall continue from day to day until completed or until adjourned by mutual agreement of the parties. PURSUANT to Rule 4007. 1 (d) of the Pennsylvania Rules of Civil Procedure, the Records Custodian is requested to produce the following materials: Bring with you any and all documents regarding any and all treatment rendered to Timothy Jon Weaver, SSN #182-56-5797, DOB: 9-26-60, who was admitted to your facility on or about December 31, 1997. Mr. Weaver states that he appeared at your hospital twice on the above date; once was an emergency room admission and the other was for lab tests. All documents produced should include medical records, reports, nurses notes, progress notes, diagnostic studies and reports, lab results (including alcohol or drug abuse results), and any and all counseling, psychiatric or psychological treatment records. , . !i.: .~ 'i.',,"--"- ,,"~~' ,- ". .. V'C . I " -I",~~ ~',~ This notice shall be in full force and effect from any date on which this deposition is rescheduled by mutual agreement of the parties. Respectfully submitted, Michae11~~or, Esquire Attorney 1. D. #76127 Killian & Gephart 218 Pine Street, P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Dated: August~, 2000 "-,,' ,-'<' ,-" .',.' CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Dated: wft (vu Douglas W. Rennie, Esq. Timothy C. Ammer, Esq. Montgomery, Rennie & Jonson 36 East Seventh Street, Suite 2100 Cincinnati,OH 45202-4413 ~~~ Michael: o'Co'ilnor, Esquire Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 Attorneys for Plaintiffs IiiljllliKillOiliSlnIlHM~~Wdiii!<aJii~~;@lli-~1l.'iI~~,~"itlI!iI.~lijjf""'~ ~ ~ ~ "- ~ -<: ~ f'~ ~. ~ :S :~ ~ "<~"".JMl( " .' (") .~ :lj6~; f'(f-_-' ::;:?~;' G')J.-. 2'. s'; >-l:~) i~;- ~~~~ ~ -< " ~~~ ~"~<i i I i I i !I I i I I I ! 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