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Home My WebLink About03-3385JULIE ARMAND, INDIVIDUALLY AND AS LEGAL TUTRIX OF THE MINOR CHILD, HARRY LANCLOS, III VERSUS USAA CASUALTY INSURANCE COMPANY and GEORGE S. BOURGEOIS, JR. 27TM JUDICIAL DISTRICT COURT DOCKET NO.: 02-0-1046-0 ST. LANDRY PARISH, LOUISIANA PETITION FOR LETTERS ROGATORY II The petition of United Services Automobile Association, defendant in the above numbered and captioned matter, with respect represent that: 1. Highmark Blue Shield, as insurer of Harry Lanclos, III on whose behalf a claim has been brought in the above referenced matter by his mother, plaintiff, Julie Martin Armand, has information which is relevant to the above captioned matter. 2. Highmark Blue Shield has an office in Camp Hill, Pennsylvania which contains medical records regarding Harry Lanclos, III. 3. The deposition of, Highmark Blue Shield through its corporate representative(s) and human resource records custodian, has been noticed for Monday, July 21, 2003 at 10:00 a.m., for the production of records on the attached Notice of 1442 Deposition. WHEREFORE, defendant, United Services Automobile Association, prays that Letters Rogatory be issued to the appropriate authority in the County of Cumberland, Pennsylvania, commissioning him/her to require the appearance of corporate representative(s) of Highmark Blue Shield through its custodian of records to produce certified copies of the records listed on the attached Notice of 1442 Deposition, in this cause. Respectfully submitted: SWIFT & RHOADES RHOADES (Bar #1557) 930 Coolidge Boulevard Post Office Box 53107 Lafayette, Louisiana 70505 (337) 572-9877 A'I-rORNEY FOR DEFENDANTS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing has this day been forwarded to all known counsel of record by depositing same in the United States Mail, postage prepaid and properly addressed. Lafayette, Louisiana, this _~/'day of ~ ,2003. JEFFR A~. RHOADES JULIE ARMAND, INDIVIDUALLY AND AS LEGAL TUTRIX OF THE MINOR CHILD, HARRY LANCLOS, III 27TM JUDICIAL DISTRICT COURT VERSUS DOCKET NO.: 02-C-1046-C USAA CASUALTY INSURANCE S~LANDRYPARISH, LOUISIANA COMPANYand GEORGES. BOURGEOIS, JR. LE'I'FERS ROGATORY TO: Cumberland County District Court Prothonotary's Office 1 Courthouse Square Carlisle, Pennsylvania 17013 in the 27"~ Judicial Court for the Parish of St. Landry, State of Louisiana, there is pending a case entitled Julie Armand, Individually and as Legal Tutrix of the Minor Child, Harry Lanclos, III v. USAA Casualty Insurance Company and George S. Bourgeois, Jr., Docket No.: 02-C-1046-C, and it appears to this Court that the just determination of the issues therein presented requires records be provided from the Custodian of Human Resources of Highmark Blue Shield whose business address is 1800 Center Street 1AL4, Camp Hill, Pennsylvania 17089. It is therefore requested that in order to assist this Court and to serve the interest of justice, you cause the foregoing witness to be served with a valid subpoena duces tecum through a competent officer authorized by you, requiring that the Human Resource Records Custodian of Highmark Blue Shield appear and produce certified copies of the documents as outlined in the attached Notice of 1442 Deposition on Monday July 21, 2003, at 10:00 a.m., as filed with this Court, or as soon thereafter as practical. It is requested that you cause these documents to be returned to counsel for the defendant United Services Automobile Association, Jeffrey A. Rhoades, Swift & Rhoades, 930 Coolidge Boulevard, Post Office Box 53107, Lafayette, Louisiana 70503. This Court is ready and willing to extend the same courtesies to you in a similar case when required. Lafayette, Louisiana, this 3 day of~_~, 2003. St. Landry~a,~sh ,.,,,~r~, of C.,tJ,~ o Office ~ ' D.~.~. lerk JULIE ARMAND, INDIVIDUALLY AND AS LEGAL TUTRIX OF THE MINOR CHILD, HARRY LANCLOS, III VERSUS USAA CASUALTY INSURANCE COMPANY and GEORGE S. BOURGEOIS, JR. 27T' JUDICIAL DISTRICT COURT DOCKET NO.: 02-C-1046-C ST. LANDRY PARISH, LOUISIANA I ORDER II Considering the foregoing Petition for Letters Rogatory: IT IS HEREBY ORDERED that the defendant's Petition for Letters Rogatory be and is hereby granted and that the Letters Rogatory, Notice of 1442 Deposition, and Subpoena Duces Tecum be transmitted directly to the appropriate authority of Cumberland County District Court, Prothonota~/s Office, 1 Court House Square, Carlisle, Pennsylvania, 17013 SIGNED this '*o~0 __day of "~'~/~y , 2003, at ~)~,· ~ Louisiana. JULIE ARMAND, INDIVIDUALLY AND AS LEGAL TUTRIX OF THE MINOR CHILD, HARRY LANCLOS, III 27TM JUDICIAL DISTRICT COURT VERSUS DOCKET NO.: 02-C-1046-C USAA CASUALTY INSURANCE S%LANDRY PARISH, LOUISIANA COMPANYandGEORGES. BOURGEOIS, JR. NOTICE OF 1442 DEPOSITION TO: JULIE ARMAND, INDIVIDUALLY AND AS LEGAL TUTRIX OF HARRY LANCLOS, III Through their attorney of record G. Douglas Dean 504 S. Main Street P. O. Drawer 280 Opelousas, Louisiana 70571-0272 YOU ARE HEREBY NOTIFIED that UNITED SERVICES AUTOMOBILE ASSOCIATION (USAA), defendant herein, through undersigned counsel, will take the testimony on oral examination of the following persons, pursuant to Rule 1448 of the Louisiana Code of Civil Procedure, before a duly authorized officer, on the day and the time and location indicated below, and continuing thereafter from day to day until the taking of said deposition may be adjourned at which time and place you are hereby invited to attend and take such part as you may deem fit and proper. Highmark Blue Shield Claims Department 1800 Center Street, 1AL4 Camphill, Pennsylvania 17089 Monday July 21, 2003 @ 10:00 a.m. Swift & Rhoades 930 Coolidge Boulevard Post Office Box 53107 Lafayette, LA 70505 RE: Policy Holder: Julie Martin Armand Group # 028835-000 Policy # ZAR435294698 Copies of your entire medical claim records on Harry Lanclos, III (DOB: 7/9/85; SSl/433 61 5229), including, but not limited to, all notes, correspondence, narrative reports, test results, hospital records, lab results, patient admission sheets, discharge summaries, consultation reports, physical therapist reports, billing records, progress notes, handwritten notes, nurses' notes, records of prescriptions, patient orders, emergency room records, insurance claim forms, correspondence sent or received by you relating to Harry Lanclos, III and any and all documents listing or summarizing claims made and paid, and any and all other records compiled by you or in your possession pertaining directly or indirectly to the above-named claimant. NOTE: THIS IS A RETURN ON DUCES TECUM ONLY: NO ORAL TESTIMONY IS REQUIRED IF DOCUMENTS ARE PRODUCED I hereby certify that a copy of the above and foregoing has this day been forwarded to all known counsel of record by depositing same in the United States Mail, postage prepaid and properly addres..se~ Lafayette. Louisiana, this ~ day of "~/),,~- ,2003. JEFFRA.~RHOADES JULIE ARMAND, INDIVIDUALLY AND AS LEGAL TUTRIX OF THE MINOR CHILD, HARRY LANCLOS, III VERSUS USAA CASUALTY INSURANCE COMPANYand GEORGES. BOURGEOIS, JR. 27TM JUDICIAL DISTRICT COURT DOCKET NO.: 02-C-1046-C ST. LANDRY PARISH, LOUISIANA STATE OF LOUISIANA PARISH OF LAFAYETTE AFFIDAVIT BEFORE ME, the undersigned authority, Notary Public in and for the aforesaid parish and state, did personally come and appear: Jeffrey A. Rhoade$ who after being duly sworn, did say unto me: That he is the attorney of record for USAA, defendant in the above captioned suit. That he does hereby certify that the subpoena request to Highmark Blue Shield is for medical records relating to the plaintiff in this case. That a copy of the Letters Rogatory, deposition notice and subpoena request we re sent by certified mail to counsel representing the plaintiff by certified mail on June 27, 2003. WITNESSES: SWORN TO AND SUBSCRIBED before me on ~-¢..,vy_ ,2003, Lafayette, in Louisiana. JenA. Rhoades Attorney for USAA this__ ~''7 day of CUMBERLAND COUNTY DISTRICT COURT STATE OF PENNSYLVANIA JULIE ARMAND, INDIVIDUALLY AND AS LEGAL TUTRIX OF THE MINOR CHILD, HARRY LANCLOS, III VERSUS 27TM JUDICIAL DISTRICT COURT DOCKET NO.: 02-C-1046-C USAA CASUALTY INSURANCE ST. LANDRY PARISH, LOUISIANA COMPANY and GEORGE S. BOURGEOIS, JR. SUBPOENA DUCES TECUM TO: RECORDS CUSTODIAN - CLAIMS DEPARTMENT Highmark Blue Shield 1800 Center Street, 1AL4 Camphill, Pennsylvania 17089 YOU ARE HEREBY COMMANDED in the name of the State of Pennsylvania and of this Honorable Court to provide via U. S. Mail. certified copies of the following documents, papers and/or records: RE: Policy Holder: Julie Martin Armand Group # 028835-000 Policy # ZAR435294698 Copies of your entire medical claim records on Hetty Lan¢los, III (DOB: 7/~/85; $$# 455 81 $228), including, but not limited to, all notes, correspondence, narrative reports, test results, hospital records, lab results, patient admission sheets, discharge summaries, consultation reports, physical therapist reports, billing records, progress notes, handwritten notes, nurses' notes, records of prescriptions, patient orders, emergency room records, insurance claim forms, correspondence sent or received by you relating to Harry I.~n¢los, III and any and all documents listing or summarizing claims made and paid, and any and all other records compiled by you or in your possession pertaining directly or indirectly to the above-named claimant. On: Monday July 21, 2003 AT 10:00 A.M. at the offices of: SWIFT & RHOADES 930 Coolidge Boulevard Post Office Box 53107 Lafayette, Louisiana 70505 (337) 572-9877 NOTE: THIS IS A RETURN ON DUCES TECUM ONLY: NO ORAL TESTIMONY IS REQUIRED IF DOCUMENTS ARE PRODUCED E!LE Na.559 07/15 '03 13:59 ID:Swift ~ Rhoades FAX:33? 5?2 9?37 CUMBERLAND COUNTY DISTRICT COURT STATE OF PENNSYLVANIA PAGE 3 '-. JUL 1 5 003 JULIE ARMAND, INDIVIDUALLY AND A8 LEGAL TUTRIX OF THE MINOR CHILD, HARRY LANCLOS, III VERSUS USAA CASUALTY INSURANCE COMPANY end GEORGE S. BOURGEOIS, JR. 27TM JUDICIAL DISTRICT COURT DOCKET NO.: 02-C-1046-C ST. LANDRY PARISH, LOUISIANA ORDER CONSIDERING THE FOREGOING Application to Take Deposition of Hlghmark Blue Shield; IT IS HEREBY ORDERED that defendant's Application be and is hereby granted and defendant Is authorized to taka the 1442 Deposition of Highmark Blue Shield and the Clerk of this Court is hereby authorized and directed to issue e subpoena to the following: RECORDS CUSTODIAN - CLAIMS DEPARTMENT Hlghmark Blue Shield 1800 Center Street, '1 AL4 Camphill, Pennsylvania 17089 and a subpoena duces tecum to produce at the aforesaid deposition the originals of the following records: RE: Policy Holder, Julia Martin Armand Group # 028835-000 Policy # ZAR435294698 ~IL~ N9.559 07/15 '03 14:00 ID:Swift E Rhoade$ FAX:337 572 9737 PRGE 4 2003, Copies of your entire medical claim records on Harry Lancloe, III (DOB: 7/9/85; SS# 433 81 5229), Including, but not limited to, all notes, correspondence, nerratlve reports, test results, hospital records, lab results, patient admission sheets, discharge summaries, consultation reports, physical therapist reports, billing records, progress notes, handwritten notes, nurses' notes, records of prescriptions, patient orders, emergency room records, Insurance claim forms, correspondence sent or received by you relating to Harry Lencloe, III and any and all documents listing or summarizing claims made end paid, and any and all other records compiled by you or in your possession pertaining directly or indirectly to the ebove-nemed claimant. _~~ , P. nrtsylveni', this~--~day °f ~' SHERIFF'S RETURN - REGULJtR CASE NO: 2003-03385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ARMAND JULIE ET AL VS USAA CASUALTY INSUPJkNCE CO ET SHAWN HARRISON , Cumberland County, Pennsylvania, says, the within SUBPOENA Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon HIGHMARK BLUE SHIELD RECORDS CUSTODIAN-CLAIMS DEPT WITNESS , at 1615:00 HOURS, on the 16th day of at 1800 CENTER STREET 1AL4 CAMP HILL, PA 17011 SALLY MCCOY, PARALEGAL, a true and attested copy of SUBPOENA the July , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~ day of notary So Answers: R. Thomas Kline 07/17/2003 swiFT RHO S/ LP By: /Z-~De~u~ S~eriff