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HomeMy WebLinkAbout00-07408 ~I~^ ~. - '; ~,_ J - ,__ .j . ~~- , JOSEPH CAPORELLI, JR., MICHAEL B. CAMP and BARBARA L. CAMP, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs NO. CIVIL "?CW- '1V(}! v. INGERSOLL-RAND, STOCKHAM : VALVE COMPANY, MHV & F COMPANY, JOHN DOE (Fictitious name 1-10 as manufacturer of centrifugal pump check valves and global valves), JOHN DOE (Fictitious name 1-20 as distributors of retailers of check : valves, globe valves and centrifugal: pump), HARRY DOE (Fictitious name 1-10 as manufacturer of component parts water pumping systems, check valves, globe valves : and centrifugal pumps), NANCY DOE (Fictitious name 1-10 as installers or erectors of component parts for a water pumping system), : individually, jointly, severally, and/or in the alternative, Defendants ORDER AND NOW, this ~I~ day of October, 2000, upon review of the Petition to Permit Service of Notice of Deposition and Subpoena Duces Tecum and for Order to Appear for Deposition in the captioned matter, this Court orders L.B. Smith Incorporated to comply with the requirements of the Notice and Subpoena issued by the Prothonotary of this Court. By J. :",,-"c>\rlilio'-l .\..~;Ii.iJE!tM~~-~ 1""''''''''''--- ";""'~J~-H!!cit't~.J#il;liii;;~lf~it~,n"F; , "If \ N\:'l\~:~',,~,~> ~ \\~,'J Co:; 1 \!.J0,(-,n ' \. 1',..,\ ~\ '. r'l ," ...~ ",) " }.H":',:-",-- ,~ ..~- .. '.'-", J .~ .., ~ '..~~, ",." .~,'~ '-d.iilIit.!ililj!!ll~~r"- ':ii!., ~ -I - > " :1-- .,"', ,-~ -, -,'~.< f JOSEPH CAPORELLI, JR., MICHAEL B. CAMP and BARBARA L. CAMP, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs NO. CIVIL v. INGERSOLL-RAND, STOCKHAM : VALVE COMPANY, MHV & F COMPANY, JOHN DOE (Fictitious name 1-10 as manufacturer of centrifugal pump check valves and global valves), JOHN DOE (Fictitious name 1-20 as distributors of retailers of check : valves, globe valves and centrifugal: pump), HARRY DOE (Fictitious name 1-10 as manufacturer of component parts water pumping systems, check valves, globe valves : and centrifugal pumps), NANCY DOE (Fictitious name 1-10 as installers or erectors of component parts for a water pumping system), : individually, jointly, severally, and/or in the alternative, Defendants PETITION TO PERMIT SERVICE OF NOTICE OF DEPOSITION AND SUBPOENA DUCES TECUM AND PETITION FOR ORDER TO APPEAR FOR DEPOSITION AND NOW COMES the Defendant, Ingersoll-Dressor Pump Company (successor in interest herein to Ingersoll-Rand Company) by its attorneys, BALL ~I ,,_do I~ - L-_ .--, ,~ MURREN & CONNELL, pursuant to 42 Pa. C.S.A. ~ 5326 and files this Petition the statement of which is as follows: 1. Ingersoll-Dressor Pump Company, a Delaware partnership, (successor in interest herein to Ingersoll-Rand Company a New Jersey corporation) is a party defendant in the captioned case. 2. Plaintiffs, Joseph Caporelli, Jr., Michael B. Camp, and Barbara L. Camp are adult individuals residing in the state of New Jersey. 3. An action by Plaintiffs against Defendant and others for certain injuries suffered by Messrs. Caporelli and Camp was instituted in the Superior Court of New Jersey Law Division, Camden County at L-4652-99. 4. In connection with the said litigation, Defendant must immediately depose a representative of L.B. Smith Incorporated to be designated by the President or other corporate officer concerning certain work done or performed by the said corporation upon a piece of equipment, more particularly described in Schedule "j!(' to the proposed Subpoena. 5. Efforts to obtain records or information on an informal basis from L.B. Smith have proven unsuccessful (See Exhibits "j!(' and "B" attached hereto) thereby necessitating the effort to formally seek information through deposition pursuant to Pennsylvania RC.P. 4007.1(e). 6. Defendant, Ingersoll-Dressor Pump Company makes application to this Honorable Court for an order to permit the service of the within Notice of Deposition and Subpoena Duces Tecum (a copy which is attached hereto as Exhibit "C") to appear and testify at a deposition on October 30, 2000 or such other date as ,-I -: c,.!.,. ~l~: may be agreed to October 30, 2000 at 2303 Market Street, Camp HilI, Pennsylvania and for an Order to appear for the deposition. 7. The urgency for scheduling said deposition relates to the closing offact discovery in the New Jersey matter which shall occur December 1, 2000. WHEREFORE, for all the foregoing reasons, Defendant, Ingersoll-Dressor Pump Company requests that this Court, under the authority provided at 42 Pa. C.8.A. ~ 5326(a), issue an Order authorizing Defendant's counsel to serve the Notice of Deposition and the Subpoena Duces Tecum upon L.B. Smith Incorporated and requiring the said corporation to designate a representative as indicated in the Notice. BALL, MURREN & CONNELL BY: Richard E. Connell, Es I.D.# 21542 2303 Market Street Camp Hill, PA 17011 (717) 232-8731 Dated: October 20, 2000 Attorneys for Defendant, Ingersoll-Dressor Pump Company (successor in interest herein to Ingersoll-Rand Company) ~,-.I ~ ~~~ I~. - ~-"'~,,'''''- EXHIBIT "A" -~""- ~,~.~~ 10-20-00 09:56am I~ , 1Il!~lW_~,' From- T-2lB P04/06 F-42T "-" -' NORRIS, MCLAUGHLIN & MARCUS, P. A. ATTORNEYS AT LAW J...MEIi H. "",:;.,cJ'T KUl'lT I;i. a.lseOE: W1l.1.IA"" C. GEJI'$TSNZANC$.l. &TUART~.r~OM.~ DAVll:l ". emIC"iLER "e.~I!:RT c. GADRICl.!'llKl *,,'l'RICK T. ~O."IN~ DOUGI.AS R. DROWN ~M" N. OO",Cl""'" CHAR"l(S W "'ILlER. III RCI.t:"" fotAIolONEY .IQ;:I9" E. &A.I.~ HICWOL65 r; ,,""""I",'" .10M'" Ill. V",""lII1'I108 DANI!:" 1'1. GuAOAl.UPE TIMOTKY A. WALTIi:R$ 8"1.I~ :i. I.QN_ ,""unQ" tt. LITTMAN Kc",N2.'I'H M. MP~N STEVEN" AAAC DAVID ~_ AOBERT& M'C:"C...e: 8. ""oIioRCl"I$ A08~.... MTOE RQlIlOR'T III. IIfUMe:SORG AL.l60N L.. ~J:R LINDA R. ISIIlIOWI!:M gAVV c. zo...e:l't",IC" MARl;iAfIIIt., _A"I'IONO MANI(..... ,",O,.T"NA OO~ALD &. IPAATH EL.04..... GOQl;lMAN oIERALVN L,. "'WACNeE &e:OTT M. IlAACH ANNMARIl!! 811111:0NI; ",AEKVOUNG aUH S't'EPHEN G. RYAN P'I!!ANANOO M. PINSVeu:i 1.1.\'-0"....,...."'C$ .JOHN R. HAQCjCRTT RIG''''ARCI l, SC'1~L.AT ......Y5SA A. VERDERA~" MtMln:" or CClMf'lEllI_.............._ns WITM 1...IID~D1:..T 1'11lll_.1Il AAI..Cl.........Cltll!:B~..1 66C)",M.TE Pur.IN$ RQAD T"IR~'lTOWN.~" IQSS..sI44 1!J141332-1700 TC...CecPIER ;8141 :););:'IW_ P.O. BOX 101S SOMERVILLE, N.J. 06676-1018 906-722.0700 T"l-l!:COPIER f9Qel 7~~.O"B5 20l!:J(eHA",M:,"ur.c;c: tiC", :fOAl(, Ntw YORK .000S Ii!: '21 9G&-I300 HAND DE.LlVE~Y 7Z1 RT. 202:.206 BRIDO~An:R. rt.,.t 08807 "OMOUOl,t...,l'\uA8....[A€QlTlI.. T,.QM4S li\ MclAUGHLIN. 8!ICT'IfUlI'_".,rlf1... Oatmr'1ar.. Tl4 $v_PIC QNlIP" Of' "E.W~~4.CIVlL"rIII_MrTOIINCf 1....'1'. 81'. g""T lMD .MO"~Y September 25, :WOO Custodian of Records L.B. Smith Incorporated 2001 State Rd. Camp Hill, PA 17011-5946 ." Re: ClIporelli et al v. Stollkham Valve Co. et aL Docket No. CAM-l.- 4652-99 Dear Sir or Mad!llll: This office represents Ingersoll-Dresser Pump Company, a defendant in the subject matter. This lawsuit involves a pump that lngerlioll-Rand apparently sold to L.B. Smith, Inc. in July of 1966. The pump is described in greater detail in the Schedule "A" attached hereto. Although we believe the pump was originally sold to I,..B. Smith. Inc in 1966, it is presently incorporated into a piping system located at the George Pen!nos New Freedom plant in Berlin, N.J. We need to determine how the pump made its way to the George Pertinos New Freedom plant, and its history from the point of sale in 1966 to its arrival at the New Freedom plant. We also need copies of the documents described in Schedule "A" attached hetelo. We will be happy to pay a reasonable copy fee for same. Please contact me upon receipt of this lener to discuss this request. Very truly yours, NORRIS, McLAUGHLIN & MARCUS 9 - . STEVEN A. KARG -c"""" " , 10-tO-00 09:56am Frem- T-m P05/06 F-4Z7 ........ \....; , . NORRIS, MCLAUGHLIN 6. MARCUS. P. A. Schedule" A" Definitions 1. The term "Pwnp" as used herein refers to the #8 AL V Hor. Pwnp, serial number 0766-71, N.Y. Order 034-04524, bearing the "Ingersoll Rand" logo, thlIt was sold to L.B. Smith, Inc. in July of 1966 (shipped in September of 1966), and which is presently located at the George Pettinos Inc. Plant in Berlin, NJ. 2. The phrase "Globe Valve" as used herein refers to the globe valve, bearing serial number 1258 I 06 1256 and logo "Stockham", presently located at the George Pettinos Inc. Plant in Berlin, NJ. Speeifie Document Requests I) All dQClll1lents including, but not limited to, invoices, orders, design '. drawings, reports, memoranda, technical drawings, designs, plans, specificatiollS, bills of material, memoranda, requests for proposals, design proposals, contracts, calculations, pictUreS, purchasing documents, invoices, correspondence, brochures, and/or test data which are related in any manner to the Pwnp and/or Valve. 2) All documents related to the design, purchase, construction and/or installation of the piping system at the George Penil\os Inc. Plant in Berlin, NJ that incOIpOrllted the Pump and/or the Globe Valve including, but not limited to, teChnical drawings, specifications, bills of material, memoranda, requests for proposals, design proposals, contracts, calculations, pictUres, purchasing documents, invoices, correspondence, brochures, and/or test data. 3) AIl manuals, warnings or other instructional materials relating to the installation, use, maintenance, specifications and/or operation of the Pump and/or the Globe Valve. 4) AIl documents including, but not limited to, manuals, warnings or other instructional materials relating to the installation, USl:, maintenanCe, specificatiollS and/or operation of the Pump and/or the Globe Valve that were received by L.B. Smith, Inc. with such equipment. 5) AIl records, documents, papers or reports relating to the purchase, order and/or delivery of the Pump and/or the Globe Valve. 6) AIl records, documents, papers or reports relating to the sale, discard and/or delivery of the Pump .and/or the Globe Valve. ~- 1.......- 1-. ~""->" .L' .r '^ 10-Z0-00 09:~ram Fr.m- T-Z39 P.06/06 F-4zr "00.../ '-" NORRIS. McLAUGH~IN & MARCUS. P.A. 7) All records, documents, papers or reports relating to the l11aintenance andlor repair of the Pump andlor the Globe Valve. 8) All records, documents, papers or reports relating to any modifications, including any additions or removal of any pan(s) or 9omponent part(s) or wanrlng(s) performed on the Pump andlor the Globe Valve. 9) All communications and/or correspondence betWeen employees or agents ofL.B. Smith, IncolpOrated and employees or agentS of Ingersoll-Rand or Ingersoll-Dresser Pump Company regarding the Pump and/or the Globe Valve. 10) All communications andlor correspondence between employees or agents ofL.B. Smith. IncolpOrated and employees or agents of George Pettinos Inc. regarding the Pump and/or the Globe Valve. II) All contracts betWeen L.B. Smith. IncoIpOrated and Ingersoll-Rand or Ingersoll-Dresser Pump Company regarding the Pump and/or the Globe Valve. 12) All contracts betWeen L.B. Smith, IricolpOrated and George Pettinos Inc. regarding the Pump and/or the Globe Valve. 13) All communications andlor correspondence between employees or agents ofL.B. Smith, IncoIpOrated and any third pany regarding the Pump andlorthe Globe Valve. 14) All COntracts between L.B. Smith, IncolpOrated and any third party regarding the Pump and/or the Globe Valve. 4~- o EXHIBIT "B" 1-- . ,- ~ .,~-; ~ "" L l........... ~"" 10-20-QO 09:66am Fr..- 7-239 P.02f06 F-427 Sales: service. . parts and rental of constn,JCiion equipment LB. Smill, Inc. 2lIO' State Road. P.O. eo. '34. camp Hill. PA '700'-8'34 {717J 73'.o2ll6. eorporalO FAX {717} 731-1l32li October 6, 2000 Steven A. Karg Noms, McLaughlin & Marcus P. O. Box 1018 Somerville, NY 08876-101 S Re: Capore/li et al v. Stockham Valve Co_ et al. Docker No. CAM-L-4652.99 Dear Mr. Karg: In response to your lener requesting infonnation on the above referenced matter, I forwarded your request to our Engineering Sales people. Enclosed is a memo received from Don Woolford from our Engineering Sales department which indicates that we no longer have any records to refer to at this time. If you have any questions or require any additional infonnation on this please do not hesitate to contact my office. Sincerely, L. B. Smith, Inc. 9t1~, i J. A. Savard Corporate Secretary Enclosure JASlaep DIIIOM 1rI-' f'IOI/A Georgi.. /IIly/BnrI, -.war, _ Yorlt NClrl/l QJrrlII... P81ImryIVBnI.. SOUth C'roI/.... T.......-, VIrgin" "a ' .~ . ,- ~ - I ',} 10-20-00 09:56am From- T-219 P.Ol/06 F-427 . . L.B. SMITH INC. ENGINEERING SALES Memo :~~~ Date; 10102/00 Re; your memo of 9/28 On the IngersoIl-Dresser Pump sold to George Pettinos at their New Freedom Plant. Unfortunately, recenUy we found out that the parts department has thrown out all Engineering tiles that were stored in the Parts Department. Consequently, we have absolutely no history on this matter at all. We did build a new sand and gravel plant for George F. Pettinos, Inc. In the early to mid '60's, but there is no way to tell at this stagEl whether we provided tile pump. . Pogv I , ""'~'&~-''''- > -- '~'W-'1;:1 . . EXHIBIT "C" ,," .ti, .~~ " JOSEPH CAPORELLI, JR., MICHAEL B. CAMP and BARBARA L. CAMP, his wife, Plaintiffs v. INGERSOLL-RAND, STOCKHAM : VALVE COMPANY, MHV & F COMPANY, JOHN DOE (Fictitious name 1-10 as manufacturer of centrifugal pump check valves and global valves), JOHN DOE (Fictitious narne 1-20 as distributors of retailers of check : valves, globe valves and centrifugal: pump), HARRY DOE (Fictitious name 1-10 as manufacturer of component parts water pumping systems, check valves, globe valves : and centrifugal pumps), NANCY DOE (Fictitious name 1-10 as installers or erectors of component parts for a water pumping system), : individually, jointly, severally,. and/or in the alternative, Defendants "' '. , . > '~ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL NOTICE OF DEPOSITION AND SUBPOENA DUCES TECUM TO: ' President or Other Corporate Officer L.B. Smith Incorporated 2001 State Road Camp Hill, PA 17011-5496 l_~,' '. - , . , . 1. You are. ordered by the court pursuant to Pennsylvania R.C.P. 4007.1(e) to produce a representative of L.B. Smith Incorporated who has knowledge concerning any work performed by L.B. Smith Incorporated for the George Pettinos, Inc. New Freedom plant in Berlin, NJ and concerning the pump andlor the Globe Valve, as those terms are defined in Schedule "A" hereto, which representative shall come to the law office of Ball, Murren & Connell in Camp Hill, Pennsylvania on October 30, 2000 at 10 o'clock a.m. or such other time as may be agreed, to testify on behalf of Defendant, Ingersoll-Dressor Pump Company at a deposition in the above case, and to remain until excused. 2. And the said representative to bring with himlher the following: documents described in Schedule "A:' attached to this Notice of Deposition. REQUESTED~ ~ Richard . . '(J LD.# 21542 2303 Market Street Camp Hill, PA 17011 (717) 232-8731 Attorneys for Defendant, Ingersoll-Dressor Pump Company (successor~ in interest herein to Ingersoll-Rand Company) BY THE COURT: Prothonotary By Deputy Date ~" <." --,--_.'. _"h',~, . , . .. , . ~ SCHEDULE "A" Definitions 1. The term "Pump" as used herein refers to the #8 ALV Hor. Pump, serial number 0766-71, N.Y. Order 034-04524, bearing the "Ingersoll Rand" logo, that was sold to L.B. Smith, Inc. in July of 1966 (shipped in September of 1966), and which is presently located at the George Pettinos Inc. New Freedom Plant in Berlin, NJ. 2. The phrase "Globe Valve" as used herein refers to the globe valve, bearing serial number 1258106 1256 and logo "Stockham", presently located at the George Pettinos Inc. New Freedom Plant in Berlin, NJ. Specific Document Reauests 1. All documents including, but not limited to, invoices, orders, design drawings, reports, memoranda, technical drawings, designs,. plans, specifications, bills of material, memoranda, requests for proposals, design proposals, contracts, calculations, pictures, purchasing documents, invoices, correspondence, brochures, and/or test data which are related in any manner to the Pump and/or Valve. 2. All documents related to the design, purchase, construction and/or installation of the piping system at the George Pettinos Inc. New Freedom Plant in Berlin, NJ that incorporated the Pump and/or the Globe Valve including, but not limited to, techniclI.l drawings, specifications, bills of material, memoranda, requests for proposals, design proposals, contracts, calculations, pictures, purchasing documents, invoices, correspondence, brochures, and/or test data. 3. All manuals, warnings or other instructional materials relating to the installation, use, maintenance, specifications and/or operation of the Pump and/or the Globe Valve. 4. All documentation including, but not limited to, manuals, warnings or other instructional materials relating to the installation, use, maintenance, specifications and/or operation of the Pump and/or the Globe Valve that were received by L.B. Smith, Inc. with such equipment. 5. All records, documents, papers or reports relating to the purchase, order and/or delivery of the Pump and/or the Globe Valve. 6. All records, documents, papers or reports relating to the sale, discard and/or delivery of the Pump and/or the Globe Valve. -"."~~,I _. " - .~ 1,- : j l-, " -'-'-_~t .. <. or ... . .. ~ 7. All records, documents, papers or reports relating to the maintenance and/or repair of the Pump and/or the Globe Valve. 8. All records, documents, papers or reports relating to any modifications, including any additions or removal of any part(s) or component part(s) or warning(s) performed on the Pump and/or the Globe Valve. 9. All communications and/or correspondence between employees or agents of L.B. Smith, Incorporated and employees or agents of Ingersoll-Rand or Ingersoll-Dressor Pump Company regarding the Pump and/or the Globe Valve. 10. All communications and/or correspondence between employees or agents of L.B. Smith, Incorporated and employees or agents of George Pettinos Inc., Better Materials, or U.S. Silica regarding the Pump and/or the Globe Valve. 11. All contracts between L.B. Smith, Incorporated and Ingersoll-Rand or Ingersoll-Dressor Pump Company regarding the Pump and/or the Globe Valve. 12. All contracts between L.B. Smith, Incorporated and George Pettinos Inc., Better Materials, or U.S. Silica regarding the Pump and/or the Globe Valve. 13. All communications and/or correspondence between employees or agents of L.B. Smith, Incorporated and third party regarding the Pump and/or the globe Valve. 14. All contracts between L.B. Smith, Incorporated and any third party regarding the Pump and/or the Globe Valve. - :., I, _''''~ ., _ , ...J~~. " ... .. .. ... . AFFIDAVIT Richard E. Connell, Esq., being duly sworn according to law, deposes and says that he is the attorney for the Defendant, that said Defendant cannot make the verification to the foregoing Petition because it is outside the court's jurisdiction and its verification cannot be obtained within the time necessary for filing, and that the facts set forth in the foregoing Petition are true and correct upon his personal knowledge, information and belief. .~ - My comil;llission expires: NOTARIAl SEAL GlORIA J. COPPERSMITH, Notary NlIIc CllIl1l HiD Bolo. CumbeI1and Counl>/ My C'JITlI11ission Explre~~ 2003 .,.' ,_- ~_ '- -_.- j -, J <, , "fl1iii~; >II >. .: . .. ~ CERTIFICATE OF SERVICE I, Richard E. Connell, Esq., hereby certify that I placed a true and correct copy of the foregoing documents in the U.S. Mail, first-class, postage prepaid, this 20th day of October, 2000, to: Christopher J. O'Connell, Esq. Sweeney & Sheehan Sentry Office Plaza, Suite 701 216 Haddon Avenue Westmont, NJ 08108 James M. Clancy, Esq. Friedman, Bafundo & Porter 1940 East State Highway No. 70 P.O. Box 5372 Cherry Hill, NJ 08036.0466 President L.B. Smith Incorporated 2001 State Road Camp Hill, PA 17011-5946 BY: Richard E. Connell, Esq. I.D.# 21542 2303 Market Street Camp Hill, PA 17011 (717) 232.8731 Dated: October 20, 2000 Attorneys for Defendant, Ingersoll-Dressor Pump Company (successor in interest herein to Ingersoll-Rand Company) '" Jf'" l"ilM.Illi.illii" .ke., ~ .. . ~;"':~M1~\ilJi~'~~: - .,~"",,,,.~ ,,~.,- -"', ,.".'c,,-,',<,,"-,..,.., In-~-<..~ -"",. 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