HomeMy WebLinkAbout03-5154LUCILLE PETROVICH, Individually and
as Special Administrator of the Estate of
BERNARD PETROVICH, Deceased,
Plaintiff
V.
INDUSTRIAL HOLDINGS
CORPORATION f/k/a
THE CARBORUNDUM COMPANY,
THE FLINTKOTE COMPANY,
GEORGIA-PACIFIC CORPORATION,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- .~lff CIVIL TERM
PETITION FOR THE ISSUANCE OF SUBPOENA
AND NOW, come the Defendants, Industrial Holdings Corporation, f/k/a The Carborundum
Company and Georgia-Pacific Corporation, by their attorney, William A. Addams, of Hanft &
Knight, P.C., and petition your Honorable Court for the issuance of subpoenas as follows:
1. There is an action pending filed to No. 02-L- 1200 in the Circuit Court, Third Judicial
Circuit, Madison County, Illinois, titled Lucille Petrovich, Individual and as Special Administrator
of the Estate of Bernard Petrovich, Deceased versus Industrial Holdings Corporation f/k/a The
Carborundum Company, The Flintkote Company, and Georgia-Pacific Corporation.
2. In said action the Defendants filed a Motion for the issuance of commissions to take
out-of-state depositions.
3. In response to said Motion, the Court issued the Order and the attached Letter
Rogatory of July 22, 2003 "to obtain medical records, original pathology materials and original
radiology materials of Bernard Petrovich from Dr. Burns, 423 Third Avenue, Suite B, Kingston,
Pennsylvania; Dr. Chris Bell, Penn State Hershey Medical Center, Hershey, Pennsylvania, and Penn
State Hershey Medical Center, Hershey, Pennsylvania, through evidence records depositions of the
Custodian of Records of said medical providers." True copies of the Order and Letter Rogatory are
attached as Exhibit A.
4. An Order admitting the undersigned to practice pro hac vice before the Illinois court
is attached as Exhibit "B".
WHEREFORE, the Defendants request your Honorable Court to direct the Prothonotary to
issue three subpoenas to the records custodians in the form attached as Exhibit "C".
HANFT & KNIGHT, P.C.
William A. Addams
Attomey I.D. No. 06265
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
Attorneys for Defendants
Industrial Holdings Corporation f/k/a
The Carborundum Company and
Georgia-Pacific Corporation
Date: September 29, 2003
EXHIBIT A
1N THE CIRCUIT COURT
THIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILL1NOIS
LUCILLE PETROVICH, Individually and
as Special Administrator of the Estate
of BERNARD PETROVICH, Deceased,
Plaintiff,
VS.
INDUSTRIAL HOLDINGS CORPORATION
f/lda THE CARBORLrNDUM COMPANY,
THE FLINTKOTE COMPANY,
GEORGIA-PACIFIC CORPORATION,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
NO. 02-L-1200
JUL 2 2 20~3
CLERK OF CIRCUIT COURT #7 2
THIRD JUDiCiAl CIRCUIT
MADISON COUNTY, ILLINOIS
ORDER
Upon consideration of the Defendants' Motion for Issuance of Letter Rogatory
in the above-captioned matter, it is hereby
O~E~D
The Defendants' Motion is granted.
ENTERED as an Order of this Court this 9~'~'day o~7~, 2003.
By Order:
IN THE CmCUIT COURT
THIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILLINOIS
LUCILLE PETROVICH, Individually and
as Special Administrator of the Estate
of BERNARD PETROVICH, Deceased,
Plaintiff,
VS.
INDUSTRIAL HOLDINGS CORPORATION
f/k/a THE CARBORUNDUM COMPANY,
THE FLINTKOTE COMPANY,
GEORGIA-PACIFIC CORPORATION,
Defendants.
3UL 2 2 2003
CL~.RK O~ CIV-CU',] COLOR'[ #1 2
THIRD )UD~CtAI. ciRCUI'[
MADISON couNT~, ILl I~OIS
NO. 02-L- 1200
ORDER
It is hereby ordered that William A. Addams be admitted to practice pro hac vice before
the Cimuit Court of Madison County, Illinois, as attorney for Defendants, INDUSTRIAL
HOLDINGS CORPORATION, f/k/a THE CARBORUNDUM COMPANY, THE FLINTKOTE
COMPANY, and GEORGIA-PACIFIC CORPORATION, in this matter only, with local
counsel.
SO ORDERED this ~"'~ffay of ~'~ 2003.
EXHIBIT C
~TH OF P~e~'%'L~
Records Custodian of Dr. Bell
at ,
at o'clock,
You are ordered by the court Co cc~e to :Penn State Milton S. Hershey Medical
Center, 500 University Drive, Hershey, PA 17033
(Specify courncO=, or ocher place)
County, Penns¥1van/a, on
the Defendants
in the above case,
2.
and to remain until excused.
M., to testify on behalf of
And bring with yDu the following: AnY and all medical information involving
~ernard Petrovich, SSN: 202-16-1049, DOB: 8/22/25, as more fully set forth on
the attached sheet.
If you fail to attend or to produce the docu~-nts or things required by t/~s subpoena,
you maybe subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules
of Civ4_l Procedure, including but not limited to costs, attorney fees a~d ir~oz-isomment.
ISSUED SY A PARTY/CIPUNSEL IN CC~PLIANCEWTTHPa. R.C.P. No. 234.2(a)
NAME: William A.
ADO~$: 19 BrookwoodAv~nue, Suite 106
Carlisle, PA 17013
T,~i~'DHO~: (717) 249-5373
~UPR~EC~ ID# 06265
~ATE.-
Seal of the Cour~
Prothonotary, Civil Division
OE¥ZCLAL NO£~: This form of subpoena sb~!l be used whenever a subpoena is
Any and all medical information involving Bernard Petrovich, SSN: 202-16-1049, DOB:
8/22/25, including but not limited to emergency room and out patient records, consultation notes and
records (including those by or from other medical providers), patient information sheets,
correspondence to or from the patient or any other individual regarding the patient's care, x-ray
reports, copies of x-ray films CT Scans, MRIs and diagnostic studies, relating to the chest and/or
abdominal cavity, pathology reports and pathology materials including blocks, slides and wet tissue
(if available) relating to the chest cavity and/or abdominal cavity, (that are not necessary to the care
and treatment of the patien0 hospital records, office chart, notes, and prescription forms, statements
of account services, insurance claim forms and correspondence, including but not limited to
computer or electronically generated or stored information.
Medical provider is requested to list any and all documents which are not being produced and
the reason why the records are not being produced. Copies of the above-referenced materials should
be numbered.
C~.A&TH OF P~SX'LVANIA
Administrator of the Estate of Bm~NARD w,.-r~L~r/CH, Dec~ed
v. -- ¥il.e No.
INfX]STRIAL HOLDINGS COP/~DRATION, f/k/a THE :
~ (I1MPANY, THE FLINTEDTE CCMPANY, :
GEORGIA-PAc±~'~C CORPORATIGN S U B P O E N A
TO: Records Custodian of Penn State Milton S. Hershey Center
500 University Drive, Hershey, PA 17055
1. You are ordered by the cour~ to co,re to :
at ,
at o' clock,
the Defendant
in the above case, and to remain un~il excused.
2.
(Specify C°urnrucm or other
County, Pennsylvania, On
M., to testify on behalf of
And bring with you the follow/rig: Any and all medical information involving
Bernard Petrovich, SSN: 202-16-1049, DOB: 8/22/25, as more fully set forth on
the attached sheet.
If you f~] ~o attend or to produce the documents or things rec~rmd by this
you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylv~
of Civil Procedure. including but not 3_imited to costs, attorney fees and
ISSUED SY A PARTY/COUNSEL IN CCMPLIANCE WITH Pa.R.C.P. No. 234.2(a)
NAME: William A. Anl-~ms
ADDRESS: 19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
.r,~r .wP~0~: (717) 249-5373
SUPRflME COURT ID# 06265
MY THE
DATE=
Seal of the CoUr~
Prothonotary, Civil Division
O~f='zC/At NOTE.- This form of subpoena sb~] l be used whenever a sub~oema is issuable,
includ/ng hear~gs in connection with depositions and before arbitrators, masters,
o~,,,.;ssioners, etc. /n compliance with Pa:R.C.P'. No: 234.1. ' If a Subpoena 'for product, ion.~
of doct~ents, records or things is de. sired, -ccm~lete paragra~ 2.. '
Any and all medical information involving Bernard Petrovich, SSN: 202-16-1049, DOB:
8/22/25, including but not limited to emergency room and out patient records, consultation notes and
records (including those by or from other medical providers), patient information sheets,
correspondence to or from the patient or any other individual regarding the patient's care, x-ray
reports, copies of x-ray films CT Scans, MRIs and diagnostic studies, relating to the chest and/or
abdominal cavity, pathology reports and pathology materials including blocks, slides and wet tissue
(if available) relating to the chest cavity and/or abd6minal cavity, (that are not necessary to the care
and treatment of the patient) hospital records, office chart, notes, and prescription forms, statements
of account services, insurance claim forms and correspondence, including but not limited to
computer or electronically generated or stored information.
Medical provider is requested to list any and all documents which are not being produced and
the reason why the records are not being produced. Copies of the above-referenced materials should
be numbered.
~TH OF PEI~SYLVAN-'_A
COUNTY OF ~
LUCIT.LW. P"-T~OVICH, Individually and as Special :
Administrator of the Estate of BERNARD PETROVICN, Deo=~ed
v. : File NO.
INI~,b~I'F,.T-AL HOLDINGS GORPORATION, f/k/a THE :
CARBORUNUJM COMPANY, THE FLINTKOTE COMPANY, :
G~ORGIA-PACIFIC ODRPORATION S U B P O E N A
TO: Records Custodian of Dr. Ch~rl~ N ~lrn~, ,'~'~
03- CIVIL 'r~
at
at o ' clock,
the Defendants
in the above case, and to remain u~til excused.
2.
You are ordered by the court to cc~e to .423 Third Avenue, Suite B,
Kingston, PA
(Specify COur~rucm or other place)
Kingston Co~a~ty, Perulsylvan/~, on 11/5/03
M., to testify on beh~]~ of
And bring with yDu the followi~g: Any and all medical information involving
Bernard Petrovich, SSN: 202-16-1049, DOB: 8/22/25, as more fully set forth on
the attached sheet.
If you fail to attend or to produce the doct~ents or things required by this sublet_ha,
you may be subject to the sanction~ authorized by Ru~e 234.5 of the Pennsylvan/a Rules
of Civ/~ Procedure, including but not limited to costs, attorney fees a~d i~prisor~rent.
ISSUED BY A PAR~Y/COUNSEL IN COMPLIANCE WITH Pa.R.C.P. No. 234.2(a)
NAME: William A. Add-ms
ADDRESS: 19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
· r~%~ .~PHO~: (717) 249-5373
SUPRfIME COURT ID# 06265
BY THE COURT:
Seal of the Court
Prothonotary, Civil
Division
O~'£C/AL NOTE: This form of subpoena sb~]l be used whenever a sublx~.na is issuable,
including hearings in connection with depositions and before arbitrators, masters, ;-
c~,,,.;ssioners, etc. in compliance with Pa~R.C.P'. No~ 234.1. If a sub~x~_na for Droductio~.!
of documents, records or things is desired, cc~[~lete ~aragra~h 2.. ..
1/90)
Any and all medical information involving Bernard Petrovich, SSN: 202-16-1049, DOB:
8/22/25, including but not limited to emergency room and out patient records, consultation notes and
records (including those by or from other medical providers), patient information sheets,
correspondence to or from the patient or any other individual regarding the patient's care, x-ray
reports, copies of x-ray films CT Scans, MRIs and diagnostic studies, relating to the chest and/or
abdominal cavity, pathology repons and pathology materials including blocks, slides and wet tissue
(if available) relating to the chest cavity and/or abdominal cavity, (that are not necessary to the care
and treatment of the patient) hospital records, office chart, notes, and prescription forms, statements
of account services, insurance claim forms and correspondence, including but not limited to
computer or electronically generated or stored information.
Medical provider is requested to list any and all documents which are not being produced and
the reason why the records are not being produced. Copies of the above-referenced materials should
be numbered.
CERTIFICATE OF SERVICE
AND NOW, this 29th day of September, 2003, I, Mary M. Price, an employee of Hanft &
Knight, P.C., hereby certify that I have served a copy of the Petition for Issuance of Subpoenas by
mailing the same by United States mail, postage prepaid, to:
Allison K. Sonneveld, Esquire
Burroughs, Hepler, Broom, MacDonald,
Hebrank & True, LLP
103 West Vandalia Street, Suite 300
P.O. Box 510
Edwardsville, IL 62025
LUCILLE PETROVICH, Individually and
as Special Administrator of the Estate of
BERNARD PETROVICH, Deceased,
Plaintiff
iNDUSTRIAL HOLDiNGS
CORPORATION f/k/a
THE CARBORUNDUM COMPANY,
THE FLINTKOTE COMPANY,
GEORGIA-PACIFIC CORPORATION,
Defendants
iN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- ~l, ff~/ CIVIL TERM
ORDER OF COURT
AND NOW, this Z rt day of i ~ t'- ~ , 7,2003, upon consideration of the
within Petition, the Prothonotary is directed to issue three subpoenas to the records custodians in the
form attached as Exhibit "C".
By the Court,