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Home My WebLink About99-043611 Y, ,s 2'% x i' `"z LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY BY: RICHARD B. WICKERSHAM, JR., ESQUIRE Identification No.: 49466 BY: JULIE M. HOLLAND, ESQUIRE Identification No.: 81393 510 Walnut Street, IOth Floor Philadelphia, PA 19106 (215) 627-0303 GLENN SMITH and MARGARET SMITH Plaintiffs V. WHITE ROSE FOODS, INC., YALE MATERIALS HANDLING CORPORATION, JOHN DOES#1-3 and JOHN DOES #4-6 JOINTLY, SEVERALLY AND IN THE ALTERNATIVE Defendants `JUL 2 U 1999 ,?a- Attorneys for Defendant, Yale Materials Handling Corporation COURT OF COMMON PLEAS CUMBERLAND COUNTY 7'LO.4 9 - °! 3(e I Ct. a T. I ORDER AND NOW, this 20 t day of July, 1999, upon consideration of the annexed P tition for Issuance of Subpoena to take Deposition Pursuant to 42 Pa.C.S.A. § 5326, it is hereby ORDERED that the Prothonotary of Cumberland County issue a Subpoena directed to the corporate designee for Carlisle Carrier Corporation as identified the in Notice of Corporate Designee Deposition, directing their attendance at the deposition to be conducted under the New Jersey Rules of Civil Procedure and to be held on August 3, 1999 at 11:00 a.m. at the Holiday Inn, 5401 Carlisle Pike, Mechanicsburg, PA 17055. BY THE COURT: " LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY BY: RICHARD B. WICKERSHAM, JR., ESQUIRE Identification No.: 49466 BY: JULIE M. HOLLAND, ESQUIRE Identification No.: 81393 510 Walnut Street, 10th Floor Philadelphia, PA 19106 (215) 627-0303 GLENN SMITH and MARGARET SMITH Plaintiffs V. WHITE ROSE FOODS, INC., YALE MATERIALS HANDLING CORPORATION, JOHN DOES#1-3 and JOHN DOES #4-6 JOINTLY, SEVERALLY AND IN THE ALTERNATIVE Defendants Attorneys for Defendant, Yale Materials Handling Corporation COURT OF COMMON PLEAS CUMBERLAND COUNTY 710. Cl % • of 9 t. f ev.i t 7e-,-- PETITION FOR ISSUANCE OF SUBPOENA TO TAKE DEPOSITIONS Pursuant to Pa.R.C.P. 234.1 and 42 Pa.C.S.A. § 5396, the issuance of a Subpoena is requested on the following grounds: This is a prodacts liability and negligence action arising out of an accident which allegedly occurred when plaintiff was operating a motorized pallet jack at the White Rose Foods facility in Carteret, New Jersey. At the time of his injury, plaintiff was an independent contractor or employee of Carlisle Carrier Corporation, which is located at 6380 Brackbill Blvd. in Mechanicsburg, PA 17055. 2. Petitioner is NAACO Materials Handling Corp., (d/b/a Yale Materials Handling Corporation), the alleged manufacturer of the motorized pallet jack and a defendant to this action. This matter is currently pending in the Superior Court for the State of New Jersey, Middlesex County, docket No. L-11905-97. The Honorable Richard S. Rebeck, in a letter order dated June 22, 1999 ordered that the deposition of plaintiffs employer/supervisor occur prior to August 13, 1999. 4. Petitioner, by its counsel who is licensed to practice in both Pennsylvania and New Jersey, issued a Notice to Take Deposition ofa Corporate Designee of Carlisle Carrier Corporation at Holiday Inn, 5401 Carlisle Pike, Mechanicsburg, PA 17055. Copy of this notice is attached hereto as Exhibit "A." 5. Notice of this deposition was given to all counsel pursuant to New Jersey Rules of Civil Procedure 4:11-5(a) and 4:14-2. 6. Petitioner requires the issuance of a Subpoena pursuant to 42 Pa.C.S.A. § 5326, by this Court to compel the attendance of the deponent as set forth in said notice. WHEREFORE, Petitioner prays that the Court direct the issuance of a Subpoena directed to the Corporate Designee for Carlisle Carrier Corporation to appear and give testimony as to issues set forth in the attached Notice of Corporate Designee Deposition. Respectfully submitted, LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & CRAY B ' RICHAR B. WICKERSHAM, ESQUIRE JULIE M. HOLLAND, ESQUIRE Attorneys for Defendant, Yale Materials Handling Corporation Dated: July 16, 1999 -2- LAVIN, COLEMAN, O•NEIL, RICCI, FINARF.LL1 k GRAV • ATTORNEVS A'1' LAW LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY BY: RICHARD B. WICKERSHAM, JR., ESQUIRE Identification No.: 49466 BY: JULIE M. HOLLAND, ESQUIRE Identification No.: 81393 Suite 201 South 8000 Midlantic Drive Mt. Laurel, NJ 08054 (609) 778-5544 Attornev for Defendenu, Yale Materials Handling Corporation GLENN SMITH and MARGARET SMITH Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY V. WHITE ROSE FOODS, INC., YALE MATERIALS HANDLING CORPORATION, JOHN DOES#I-3 and JOHN DOES #4-6 JOINTLY, SEVERALLY AND IN THE ALTERNATIVE Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the Petition for Issuance of Subpoena to Take Depositions were served upon all interested counsel in the manner indicated below: By fax and regular mail addressed as follows: Bonnie Love, Esquire David Finkler, Esquire Tamar, Simonoff, Adourian, O'Brien, 29 Foxboro Road Kaplan, Jacoby & Graziano Wayne, NJ 07470 20 Brace Road Cherry Hill, NJ 08304 LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY B RICHA B. WICKERSHAM, JR., ESQUIRE JULIE M. HOLLAND, ESQUIRE Attorneys for Defendant, NACCO Materials Handling Dated: July 16, 1999 LAVIN, COLEMAN, O'NEIL, Ricci, FINARELLI & GRAY BY: RICHARD B. WICKERSHAM, JR., ESQUIRE Suite 201 South 8000 Midlantic Drive Mt. Laurel, NJ 08054 (609) 778.5544 Attorney for Defendant, Yale Materials Handling Corporation GLENN SMITH and MARGARET SMITH Plaintiffs SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY -Law Division V. WHITE ROSE FOODS, INC., YALE MATERIALS HANDLING CORPORATION, JOHN DOES#1-3 and JOHN DOES #4-6 JOINTLY, SEVERALLY AND IN THE ALTERNATIVE Defendants Civil Action Docket No.: L-11905-97 NOTICE OF CORPORATE DESIGNEE DEPOSITION PLEASE TAKE NOTICE that the undersigned attorneys for the defendant, NACCO Materials Handling Group, Inc. (d/b/a Yale Materials Handling Corporation), will take the testimony, on oral examination, of a representative or representatives of Carlisle Carrier Corporation before a Notary Public or other person authorized to administer oaths, on August 3, 1999, commencing at 11:00 a.m. This deposition shall be conducted at the Holiday Inn, 5401 Carlisle Pike, Mechanicsburg, PA 17055 and will continue thereafter from day today, as taking of the deposition may be adjourned. You are invited to appear and take part in the examination. Carlisle Carrier Corporation is required to make a diligent effort to designate one or more officers, directors, managing agents, or other persons who consent to testify on its behalf. The person(s) so designated shall testify as to the matters known or reasonably available to Carlisle Carrier Corporation. Areas of inquiry: The training of employees or independent contractors at Carlisle Carrier Corporation in the use of powered industrial trucks, inclusive of motorized pallet jacks. 2. Supervision of independent contractor or employee Glenn David Smith. Request for Production Pursuant to New Jersey Rules of Civil Procedure 4:l (d), the representative or representatives is/are directed to produce the following documents or tangible things at the Holiday Inn, 5401 Carlisle Pike, Mechanicsburg, PA 17055. Any and all records pertaining to the training and education of employees or independent contractors at Carlisle Carrier Corporation in the use of powered industrial trucks pursuant to 29 C.F.R. § 1910.178 including, but not limited to: a. Training requirements; b. Publications, materials, films or videos relating to training; C. Safety procedures. d. Investigations of Carlisle Carrier Corporation by OSHA; and e. Any and all accidents which have involved employees or independent contractors of Carlisle Carrier Corporation involving the use of powered industrial trucks, inclusive of motorized pallet jacks. Lavin, Coleman, O'Neil, ' c1, Finarelli & Gray By; /Richard B. Wickersham, Jr., Esquire Julie M. Holland, Esquire Attorneys for Defendant, NACCO Materials Handling Group, Inc. Dated: July 16, 1999 LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY BY: RICHARD B. WICKERSHAM, JR., ESQUIRE Suite 201 South 8000 Midlantic Drive Mt. Laurel, NJ 08054 (609) 778-5544 Attorney for Defendant, Yale Materials Handling Corporation GLENN SMITH and MARGARET SMITH Plaintiffs SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY -Law Division V. WHITE ROSE FOODS, INC., YALE MATERIALS HANDLING CORPORATION, JOHN DOES#1-3 and JOHN DOES #4-6 JOINTLY, SEVERALLY AND IN THE ALTERNATIVE Defendants Civil Action Docket No.: L-I 1905-97 CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the Notice of Deposition of the Corporate Designee were served upon all interested counsel in the manner indicated below: By Fax and Regular Mail addressed as follows: Bonnie Love, Esquire David Finkler, Esquire Tomar, Simonoff, Adourian, O'Brien, 29 Foxboro Road Kaplan, Jacoby & Graziano Wayne, NJ 07470 20 Brace Road Cherry Hill, NJ 08304 LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY RICHARDW: WICKERSHAM, JR., ESQUIRE JULIE M. HOLLAND, ESQUIRE Attorneys for Defendant, NACCO Materials Handling Dated: July 16, 1999 v m O 4 J L F-= W ri C?^ i, J F? iG n' f_ <C =l J rn CrN i i? fau 1 c? to 3 C O O R? 7 M do k