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Home My WebLink About03-3180 1N THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY J. LILLEY KIRKLAND, Plaintiff, JAN C. SESKI, M.D., SANDRA A. PRICE, EDWARD ADAMOVICH, M.D., and RICHARD NEHRIG, Defendants. Ohio County Circuit Court, West Virginia Civil Action No. 02-C-479G Petition No. tO~ - -~l ff 0 PETITION FOR ISSUANCE OF A SUBPOENA DUCES TECUM TO: THE HONORABLE JUDGES OF THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013 PLEASE accept this Petition for issuance of a subpoena duces tecum to PHICO for their entire claims file, to include any extra-contractual file, stemming from the Lilley v. Porter matter previously before the Ohio County Circuit Court of West Virginia, Civil Action No, 99-C-96. The matters in the above-styled civil action stem from the conduct of the above-named defendants in the underlying case ofLilley v. Porter. Therefore, the contents of the PHICO claims file, including any extra-contractual file contains relevant material evidence necessary in the instant action. Attached hereto as Exhibit 1 is a Commission and Letter Rogatory signed by the Honorable Martin J. Gaughan, Judge of the Circuit Court of Ohio County, West Virginia. Although this Commission and Letter Rogatory lists a P. O. Box, we were informed by the Prothonotary's office in Carlisle, Pennsylvania, that no subpoena could be issued using a P. O. Box. Attached hereto as Exhibit 2 is an Agreed Order wherein all counsel in the above-referenced case does not object to the issuance of a subpoena duces tecum to obtain the PHICO claims file. Therefore, we would respectfully request that the Honorable Common Pleas Court of Cumberland County in Carlisle, Pennsylvania, issue a subpoena duces tecum for personal service by the Sheriff of Cumberland County upon: Peter Ericson, General Counsel PHICO 1 PHICO Drive Mechanicsburg, PA 17055 WHEREFORE, plaintiffwould respectfully request that this Honorable Court issue an Order and have the Sheriff of Cumberland County, Pennsylvania, serve Mr. Ericson at the above-listed address at its earliest convenience. Dated this 1st day of July, 2003. Jenfia Perkins Wood, Esquire W.~a. State Bar No. 6983 Board of Trade Building 80 - 12th Street, Suite 307 P. O. Box 510 Wheeling, WV 26003 (304) 232-5022 Robert P. Fitzsimmons, Esquire W.Va. State Bar No. 1212 Russell J. Guthrie, Esquire W.Va. State Bar No. 1512 FITZSIMMONS LAW OFFICES 1609 Warwood Avenue Wheeling, WV 26003 (304) 277-1700 Counsel for Plaintiff /N TH~ CIRCUIT COURT OF OHIO COUNTY, WEST VIRGINL4. TAM2MY J. LILLEY KIRKLAND, Plaintiff, JAN C. SESKI, M.D., SANDRA A. PRICE, EDWARD ADAMOVICH, M.D., and RICHARD NEHRIG, Defendants. Civil Action No. 02-C-479G COMMISSION AND LETTER ROGATORY TO: THE HONORABLE JUDGES OF THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013 It appearing to Martin J. Gaughan, Judge of the Circuit Court of Ohio County, West Virginia, that a complete copy of the entire claims file from PHICO, an insurance company involved in the underlying case ofLilley v. Porter, Civil Action No. 99-C-96, is imperative to the plaintiff s claims involved in the above-styled civil action, said Judge has ordered that a Commission and Letter RogatoD, issue appointing and empowering you to issue a subpoena duces tecurn compelling a complete copy of the entire claims file in the possession of Peter Ericson, general counsel, PHtCO, P. O. Box 85, Mechanicsburg, Pennsylvania, 17055. You are therefore hereby requested to serve as Commissioner to issue a subpoena duces tecurn for a complete copy of the entire claims file in the possession off Peter Ericson, General Counsel PHICO P. O. Box 85 Mechanicsburg, PA 17055 pursuant to the following schedule to produce said copies on or before July 15, 2003, at 10:00 a.m. at the law offices of Wood & Wininsky, P.L.L.C., 80 - 12th Street, Suite 307, Board of Trade Building, P. O. Box 510, Wheeling, West Virginia, 26003. Wimess my hand and the seal of the Circuit Court of Ohio County, West Virgin/a, affixed hereto, ENTERED this ;Z qJ~ day of June, 2003. ~gh an, Judge IN THE CIRCUIT COURT OF OHIO COUNTY, WEST ¥IR'GINI/~ ' TAMnMY J. LILLEY KIRKLAND, Plaintiff, Civil Action No.-02-C-479G JAN C. SESKI, M.D., SANDRA A. PRICE, EDWARD ADAMOVICH, M.D., and RICHARD NEHRIG, Defendants. AGREED ORDER This day came the plaintiffby her attorneys, Jerma P. Wood and Robert P. Fitzsimmons, and came also defendant Sandra A. Price, by her counsel, and came also defendant Edward Adamovich, M.D., by his counsel, and came also defendant Jan C. Seski, M.D., by his counsel, and came also defendant Richard Neb_rig, by his counsel, upon the motion ofplaintifffor a Commission and Letter Rogatory to procure a Subpoena Duces Tecum for a complete copy of the entire claims file in the matter of Lilley v. Porter, Ohio County Circuit Court, Civil Action No. 99-C-96, from PHICO, which is located with its general counsel, Peter Ericson, in Mechanicsburg, Pennsylvania. There being no valid objection to the granting of said Motion, it is hereby ORDERED that a Commission and Letter Rogatory issue out of this Court for use in the Court of Common Pleas over the Mechanicsburg, Pennsylvania, area for the purpose of issuing a subpoena duces tecum for a complete copy of the entire claims file in the matter ofLilley v. Porter, Ohio County Circuit Court, Civil Action No. 99-C-96, from PHICO, in the possession of its general counsel, Peter Ericson. It is further ORDERED that the Clerk of this Court shall forward an attested copy of this Order to all counsel of record. ~ ENTERED this ~ Y ~ day of.~, 2003. Judge APPROVED BY: Je~fi4a P. Wood, Esquire (W. Va. State Bar No. 6983) PCSbert P. Fitzsimmons, Esquire (W.Va. State Bar No. 1212) Counsel for Pla~ltitt ~Step~n'M. I~ghton, Esquire P. Jdseph Cr~/craft, Esquire Counsel for Defendant ,Inn C. Seski, M.D. Counsel for Defendant Sandra A. Price /Holly ,~. Planinsic, Esquire Counsel for Defendant'Edward Adamovich, M.D. ~~mom~, Esquire Bryant J. Spann, Esquire Counsel for Defendant Richard Nehrig copy, T~te: .: Circuit Cl~rk 1N THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY J. LILLEY KIRKLAND, Plaintiff, JAN C. SESKI, M.D., SANDRA A. PRICE, EDWARD ADAMOVICH, M.D., and RICHARD NEHRIG, Defendants. JUL 0 7 2003 Ohio County Circuit Court, West Virginia Civil Action No. 02-C-479G Petition No. O~-3{~3~9 ~ ORDER WHEREUPON a Petition for Issuance ofa SubpoenaDuces Tecum to PHICO for their entire claims file, to include any extra-contractual file, stemming from the Lilley v. Porter matter previously before the Ohio County Circuit Court of West Virginia, Civil Action No. 99-C-96, showing that the matters in the above-styled civil action stem from the conduct of the above-named defendants in the underlying case ofLilley v. Porter, and it therefore appearing that the contents of the PHICO claims file, including any extra-contractual file contains relevant material evidence necessary in the instant action, it is hereby ORDERED that a subpoena duces tecum for the PHICO claims file, to include any extra-contractual file, on or before July 15, 2003, at 10:00 a.m. to the law office of Jenna Perkins Wood, Esquire, 80 - 12'h Street, Suite 307, Board of Trade Building, P. O. Box 510, Wheeling, West Virginia, 26003, be issued by the Prothonotary's office in the Common Pleas Court of Cumberland County, Pennsylvania, upon the following person, who it was represented is in possession of the said claims file: Peter Ericson, General Counsel PHICO 1 PHICO Drive Mechanicsburg, PA 17055 · ~'N [l 'tli?go ENTERED this //*' day of July, 2003. JUD/~ SHERIFF'S RETURN - CASE NO: 2003-03180 P COMMONWEALTH OF PENNSYLV~NIA: COUNTY OF CUMBERLAND KIRKLAND TAMMY J LILLEY VS SESKI JAN C MD ET AL REGULAR JASON VIORAL , Cumberland County,Pennsylvania, says, the within SUBPOENA ERICSON PETER WITNESS , at 1545:00 HOURS, at PHICO MECHANICSBURG, PA 17055 PETER ERICSON a true and attested copy of SUBPOENA Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 14th day of July , 2003 1 PHICO DRIVE by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this [-~ day of So Answers: R. Thomas Kline 07/16/2003 JENNA P WOODS By: