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Home My WebLink About08-1952RAWLE & HENDERSON LLP By: Sonia Di Valerio Identification No. 85121 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 (215) 563-2583 (fax) Counsel for Defendants Phillip Gerard Johnson and Schneider National Carriers, Inc. BRANDON CULP, :COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff, :PENNSYLVANIA v. . No. D ~., 1 °l S~ c fv~l -~"~~ PHILLIP GERARD JOHNSON, :CIVIL ACTION -LAW and SCHNEIDER NATIONAL CARRIERS, INC. Defendants DEFENDANTS' PETITION FOR THE ISSUANCE OF SUBPOENA IN ACCORDANCE WITH THE LETTERS ROGATORY ISSUED BY THE DISTRICT COURT, 60TH JUDICIAL DISTRICT. JEFFERSON COUNTY TEXAS Defendants, Phillip Gerard Johnson and Schneider National Carriers, Inc., by and through their attorneys, Rawle & Henderson LLP, hereby submit their petition for the issuance of subpoena in accordance with the Letters Rogatory issued by the District Court, 60th Judicial District, Jefferson County, Texas, and in support thereof aver as follows: 1. Plaintiff filed a personal injury suit against the defendants in the District Court, 60th Judicial District, Jefferson County, Texas, as a result of a motor vehicle accident which occurred on Interstate 20 in Brandon, Rankin County, Mississippi on January 9, 2005. 2. As a result of the January 9, 2005 motor vehicle accident, plaintiff alleges that he has permanent quadripresis and/or tetraplegia. 3. Defendants wish to review the medical records and bills for plaintiff's post and pre accident medical care and treatment. 2343242-t 4. Defendants have information that Plaintiff has received medical care and treatment from the following provider: a. Healthsouth Rehabilitation of Mechanicsburg, 175 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. This medical provider is beyond the subpoena power of the District Court, 60`h Judicial District, Jefferson County, Texas. 6. Accordingly, defendants moved before the District Court, 60`h Judicial District, Jefferson County, Texas for Letter Rogatory for the issuance of subpoena duces tecum to Healthsouth Rehabilitation of Mechanicsburg. See Defendants' March 12, 2008 Motion for Issuance of Letters Rogatory attached hereto as Exhibit A. 7. On March 12, 2008, Defendants served a copy of their motion upon plaintiff's counsel by facsimile and mail. See Exhibit A. 8. Defendants' motion was uncontested. 9. On March 14, 2008, defendants' motion was granted. See March 14, 2008 Letter Rogatory for the Production of Documents by Healthsouth Rehabilitation of Mechanicsburg in Cumberland County, Pennsylvania attached hereto as Exhibit B. 10. Under 42 Pa.S.C.A. §5326, this Honorable Court may order Healthsouth Rehabilitation of Mechanicsburg to produce documents in accordance with the Letter Rogatory issued by the District Court, 60`h Judicial District, Jefferson County, Texas. 11. Defendants would be severely prejudiced should they be deprived of obtaining documents from Healthsouth Rehabilitation of Mechanicsburg. 2343242-1 12. In the interest of justice, defendants respectfully request that this Honorable Court allow a subpoena duces tecum to be issued to Healthsouth Rehabilitation of Mechanicsburg as prepared and presented herewith. See Subpoena Duces Tecum addressed to Healthsouth Rehabilitation of Mechanicsburg attached hereto as Exhibit C. 13. No hearing is needed. 14. No discovery is necessary. 15. No judge in the Cumberland County Court of Common Pleas has ruled upon this or any other issue in the instant matter and there are no related matter before this Honorable Court. WHEREFORE, defendants, Phillip Gerard Johnson and Schneider National Carriers, Inc., respectfully request that this Honorable Court enter the proposed Order attached hereto allowing for the issuance of the attached subpoena duces tecum in accordance with the Letter Rogatory by the District Court, 60`~ Judicial District, Jefferson County, Texas. Respectfully submitted, RAWLE~ HENH~ZSON Lr,P ~~, By: ~ U i Valerio / PFiilIip Gerard Johnson and Schneider National Carriers, Inc. Date: March 21, 2008 2343242-1 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing document was served by facsimile and first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: ATTORNEYS FOR PLAINTIFF ATTORNEYS FOR DEFENDANTS David Stagner, Esquire Marvin B. Peterson, Esq. PO Box 1058 Mary Ann Starks, Esq. Sherman, TX 75091 4611 Montrose, Suite A 210 Facsimile: 903-893-8342 Houston, TX 7706 Facsimile: 713-222-0166 James W. Nobles, J.r, Esq. PO Box 1733 David Dunbar, Esq. Jackson, MS 39215-1733 1855 Lakeland Drive, Suite R201 Facsimile: 601-354-0903 Jackson, MS 39216 Facsimile: 601-366-1885 Lee C. Schwartz, Esq. Tucker Arensberg, P.C. B. Adam Terrell, Esq. PO Box 889 Nations Bank Tower Harrisburg, PA 17108 2615 Calder Street, Suite 400 Facsimile: 717-232-6802 Beaumont, TX 77702 Facsimile: 409-838-6780 Angelo J. Dorizas, Esq. PO Box 2133 R. Clay Porter, Esq. Jackson, MS 39225-2133 14 Piedmont Center, Suite 900 Facsimile: 601-354-0903 3535 Piedmont Road, N.E. Atlanta, GA 30305 Facsimile: 404-365-0134 RAWLE ERSON LLP ''~ ~. - --~~1 . By! 4vlX'~_l Soni I}i Valerio Co sel for endants, "lli rard Johnson and Schneider National Carriers, Inc. Date: March 21, 2008. 2343242-1 EXHIBIT "A" 2324418-1 BRANDON CULP Plaintiff, V. PHILLIP GERARD JOHNSON and SCHNEIDER NATIONAL CARRIERS, INC. Defendants. a. CAUSEb . ,~ ~, ~~T § ~ .~ § 60~' JUDICIAL DISTRICT § JEFFERSON COUNTY, TEXAS MOTION FOR ISSUANCE OF LETTERS ROGATORY Defendants, Phillip Gerard Johnson and Schneider National Carriers, Inc., request this Court to issue Letters Rogatory to enable them to subpoena various medical records and medical bills for the Plaintiff, Brandon Culp. In support of this Motion, the Defendants would show unto the Court the following: 1. This action was brought by the Plaintiff against the Defendants stemming from a motor vehicle accident which occurred on Interstate 20 in Brandon, Rankin County, Mississippi on January 9, 2005. 2. The Plaintiff alleges that he has permanent quadripresis and/or tetraplegia as a result of the injuries he suffered from the accident. 3. The Defendants wish to review the medical records and medical bills for Plaintiff's post-accident and pre-accident medical care and treatment. The Defendants have requested that the Plaintiff execute a HIPAA-compliant Authorization for Disclosure of Health Information form to enable them to secure said medical records and medical bills. However~.as ~ Vic' of this date, Defendants have not been provided with the executed form necesas~ry to ~jtain medical records and medical bills. ;'~ ~ ~'r= . _.~. ~, , T .~ , _ ' -v ~ ~_~ . ~~~ `l a ,' . 4. Defendants currently have information that the Plaintiff has received medical care and treatment from the following providers: (a) HealthSouth Rehabilitation of Mechanicsburg 175 Lancaster Boulevard Mechanicsburg, Cumberland County, Pennsylvania 17055 Accordingly, Defendants Phillip Gerard Johnson and Schneider National Carriers, Inc. request that this Court issue Letters of Rogatory, in the form attached as Exhibit "A", to the District Court of Cumberland County, Pennsylvania, requesting that, in the interest of justice, this Court issue an Order by its proper and usual process summoning the above referenced medical providers to produce a certified copy of any and all medical reports, physical therapy notes, X-Rays or other imaged film, X-Ray reports, laboratory reports, nurses' notes, physicians' orders, medical bills, and any and all other documents relating to any examination, care or treatment of the Plaintiff, Brandon L. Culp, for the period of November 16, 1981 through the present date, within ten (10) days after service of the Court's Order. THIS the ~ Z day of March, 2008. Respectfully submitted, LAW OFFICE OF MARVIN B. PETERSON MARVIN B. PETERSON SBT NO. 15846000 MARY ANN STARKS SBT NO. 19071300 4611 Montrose, Suite A 210 Houston, Texas 77006 Tel: 713-222-0004 Fax:713-222-0166 DUNBAR OE, PLLC r By• ~ 1SAVID C. DUNBA~Z, Pro Hac Vice MS Bar No. 6227 1855 Lakeland Drive, Suite R201 Jackson, Mississippi 39216 Tel: 601-366-1805 Fax: 601-366-1885 WELLER, GREEN, MCGOWN & TOUPS, L.L.P. B. ADAM TERRELL SBT NO. 19790900 Nations Bank Tower 2615 Calder Street, Suite 400 Beaumont, Texas 77702 TEL: 409-838-0101 FAX: 409-838-6780 DENNIS, CORRY, PORTER & SMITH LLP R. Clay Porter, Esq., Pro Hac Vice 14 Piedmont Center, Suite 900 3535 Piedmont Road, N.E. Atlanta, Georgia 30305 TEL: 404-365-0102 FAX: 404-365-0134 ATTORNEYS FOR DEFENDANTS ~~ ~ Certificate of Service I hereby certify that a true and correct copy of the foregoing instrument was forwarded to all counsel of record as indicated below on this the _,~_day of March, 2008, as follows: David Stagner, Esq. Via Fax: 903-893-8342 P. O. Box 1058 And Ordinary Mail Sherman, TX 75091 James W. Nobles, Jr., Esq. Via Fax: 601-354-0903 P.O. Box 1733 And Ordinary Mail Jackson, MS 39215-1733 Lee C. Swartz, Esq. Via Fax: 717-232-6802 Tucker Arensberg, P.C. And Ordinary Mail P.O. Box 889 Harrisburg, PA 17108 Angelo J. Dorizas, Esq. Via Fax: 601-354-0903 P. O. Box 2133 And Ordinary Mail Jackson, MS 39225-2133 AVID C. DUNBAR CAUSE NO.: B178394 BRANDON CULP Plaintiff, V. PHILLIP GERARD JOHNSON and SCHNEIDER NATIONAL CARRIERS, INC. Defendants. § IN THE DISTRICT COURT § 60`" JUDICIAL DISTRICT § JEFFERSON COUNTY, TEXAS LETTER ROGATORY FOR THE PRODUCTION OF DOCUMENTS BY HEALTHSOUTH REHABILITATION OF MECHANICSBURG IN CUMBERLAND COUNTY, PENNSYLVANL~ TO: Any Judge or other Officer of the District Court of Cumberland County, Pennsylvania, with authority to issue a Subpoena. REQUEST IS HEREBY MADE under Rule 201.1(c), Texas Rules of Civil Procedure for issuance of a subpoena in Hinds County, Mississippi to compel HealthSouth Rehabilitation of Mechanicsburg, 175 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, to produce a certified copy of any and all medical reports, physical therapy notes, X-Rays and other imaged film, X-Ray reports, laboratory reports, nurses' notes, physicians' orders, medical bills, and any and all other documents relating to any examination, care or treatment of the Plaintiff, Brandon L. Culp, Date of Birth: ~ ., Social Security No.: ,for the period of November 16, 1981 through the present date, in connection with the above-styled cause of action. REQUEST IS FURTHER MADE that the District Court of Cumberland County, Mississippi cause the above referenced medical records and medical bills to be produced within EXHIBIT r ten (10) days after service of said subpoena to defense attorney David C. Dunbar, DunbarMonroe, PLLC, 1855 Lakeland Drive, Suite P-121, Jackson, Mississippi 39216. Signed this day of March, 2008, at Beaumont, Texas. JUDGE PRESIDING 2 EXHIBIT "B" 2324418-1 CAUSE NO.: B178394 BRANDON GULP Plaintiff, V. PHILLIP GERARD JOHNSON and SCHNEIDER NATIONAL CARRIERS, INC. Defendants. § IN THE DISTRICT COURT § 60t" JUDICIAL DISTRICT § JEFFERSON COUNTY, TEXAS LETTER ROGATORY FOR THE PRODUCTION OF DOCUMENTS BY HEALTHSOUTH REHABILITATION OF MECHANICSBURG IN CUMBERLAND COUNTY, PENNSYLVANIA TO: Any Judge or other Officer of the District Court of Cumberland County, Pennsylvania, with authority to issue a Subpoena. REQUEST IS HEREBY MADE under Rule 201.1(c), Texas Rules of Civil Procedure for ~~~~e~~~~A e~lG~, issuance of a subpoena in ' sees-to compel HealthSouth Rehabilitation of Mechanicsburg, 175 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, to produce a certified copy of any and all medical reports, physical therapy notes, X-Rays and other imaged film, X-Ray reports, laboratory reports, nurses' notes, physicians' orders, medical bills, and any and all other documents relating to any examination, care or treatment of the Plaintiff, Brandon L. Culp, Date of Birth: ~ ., Social Security No.: ,for the period of November 16, 1981 through the present date, in connection with the above-styled cause of action. REQUEST IS FURTHER MADE that the District Court of Cumberland County, Q~~.;q ~~p~ cause the above referenced medical records and medical bills to be produced within ten (10) days after service of said subpoena to defense attorney David C. Dunbar, DunbarMonroe, PLLC, 8~I ~5 Lakeland Drive, Suite P-121, Jackson, Mississippi 39216. Signed this day of March, 2008, at Beaumont, Texas. ~,-a- JUDGE PRESIDING ~, o ca :~ .~ I CERTIFY THIS AS A TRUE COPY Witness my Hand and Seal of Office MARY 7 2008 t0 gMOS E R C ~~DISTRICT CLERK 8 TY, TEXAS DEPUTY 2 EXHIBIT "C" 2324418-1 L------._.. m ~ QO a ~ t, " ~ I z~ ~ ~ ~ ~ ~~ ~ a COMMONWEALTH OF PENN... ~ ~ COUNTY OF CUMBERI ~ p ~~~/// Brandon Culp ~ v . ~ '7 ~ Phillip G. Johnson and File No., < ~ Z A Schneider National Carrier, Inc. ° M a $ . ~ z °~ . Q l1 A O SUBPOENA TO PRODUCE DOCUD FOR DISCOVERY PURSUANT 7 HealthSouth Rehabilitation of Mechar_,' 175 Lancaster Blvd., Mechanicsburg, i- ,°.~ TO: a (Name of Person or Ent. Within twenty (20) days after service of this subpoena, ~ m U following documents or things: Q1 4 a ~ a See addendum. Q ~ U 61 ~, David C. Dunbar, DunbarMonroe, PLLC ~ ~ ~ D H at 1855 Lakeland Drive, Suite P-121 Jacl ~ ~ O (Address) 2 You may deliver or mail legible copies of the docu: j subpoena, together with the certificate of compliance, to the pa *~ ~ H above. You have the right to seek is advance the reasonable c~ w Ex+ things sought. If you fail to produce the documents or things require '"'~ after its service, the party serving this subpoena may seek a cow ~ ~',' ~ '^~, 4gi THIS SUBPOENA WAS ISSUED AT THE REQUEST C ~ a ~ NAME: Snnia Tli 7alorin Fen„i,-e ADDRESS: g_T,, i _-~-Ea~~®•~6•~-. arrisburg, 1 TELEPHONE: 717-234-7700 SUPREME COURT ID # _ 85121 ATTORNEY FOR; ~a f a n rl a n r g BY THE COURT: Prothonotary, Civil Division I~ z v w N 0 a J 1 l .a a 0 .a a a ru :• a c0 ti r` rn .•a ti cll ~0 J Date: 'Seal of the Court Deputy ADDENDUM TO THE SUBPOENA Produce a certified copy of any and all medical reports, physical therapy notes, X-Rays and other imaged films, X-Ray reports, laboratory reports, nurses' notes, physicians' orders, medical bills, and any and all other documents relating to any examination, care or treatment of the Plaintiff, Brandon L. Culp, Date of Birth: 11/16/81, Social Security No.: 161-64-2878, for the period of November 16, 1981 through the present date, in connection with the above-styled cause of action. 7~ (~ ~ ~ ~ N ~ ~ OO ryry V ~ _.~. T~i~ '3'I ~' _.... ~ OQ 9J ~ .~~ C,,sJ C-J `i7 ` MAR 31200$ ~~ RAWLE & HENDERSON LLP By: Sonia Di Valerio Identification No. 85121 The Widener Building One South Penn Square Philadelphia, PA 19107 Counsel for Defendants (215) 575-4200 Phillip Gerard Johnson and (215) 563-2583 (fax) Schneider National Carriers, Inc. BRANDON CULP, :COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff, :PENNSYLVANIA v. No. 08- Ig5a C~~~ i'~ PHILLIP GERARD JOHNSON, :CIVIL ACTION -LAW and SCHNEIDER NATIONAL CARRIERS, INC. Defendants. ORDER AND NOW, this ~ S ~ day of A~ ~` ~` , 2008 upon consideration of defendants', Phillip Gerard Johnson and Schneider National Carriers, Inc., Motion for Issuance of Subpoena in accordance with the District Court, 60th Judicial District, Jefferson County, Texas, and any and all responses thereto, it is hereby ORDERED and DECREED that said Motion is GRANTED; and IT IS FURTHER ORDERED that a subpoena duces tecum shall be issued to Healthsouth Rehabilitation of Mechanicsburg, 175 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055 in accordance with the March 14, 2008 Letter Rogatory of the District Court, 60th Judicial District, Jefferson County, Texas. BY THE COURT: J. 2343374-1 k ~. .-, - .~ _.. , . r f1 ~ ~3'~ ."<~~ ~t~i t~t~ ~LtJ~ ~~, ~ ~., .. DISTRIBUTION: Attorneys for Plaintiff: / David Stagner, Esq., PO Box 1058, Sherman, TX 75091 T: 903-892-1048 F:903-893-8342 ./James W. Nobles, Jr., Esq., PO Box 1733, Jackson, MS 39215-1733 T:601-948-1757 F:601-354-0903 .Lee C. Schwartz, Esq., Tucker Arensberg, P.C., PO Box 889, Harrisburg, PA 17108 T:717-234-4121 F:717-232-6802 /Angelo J. Dorizas, Esq., PO Box 2133, Jackson, MS 39225-2133 T:601-948-1757 F:601-354-0903 tome s for Defendants: Sonia Di Valerio, Esq., The Widener Building, One South Penn Square, Philadelphia, PA 19107 T: 215-575-4200 F: 215-563-2583 /Marvin B. Peterson, Esq. and Mary Ann Starks, Esq., 4611 Montrose, Suite A 210, Houston, TX 77006 T:713-222-0004 F:713-222-0166 David C. Dunbar, Esq., 1855 Lakeland Drive, Suite 8201, Jackson, MS 39216 T:601-366-1805 F: 601-366-1885 Adam Terrell, Esq., Nations Bank Tower, 2615 Calder Street, Suite 400, Beaumont, TX 77702 T:409-838-0101 F:409-838-6780 c/ R. Clay Porter, Esq., 14 Piedmont Road, N.E., Atlanta, GA 30305 T:404-365-0102 F:404-365-0134 CO~t E,s /ylat~C~.C_, ~~~~oa 2343374-1