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Home My WebLink About09-6194ti NELSON LEVINE de LUCA & HORST, LLC ATTORNEYS FOR DEFENDANT BY: MICHAEL MURPHY ESQUIRE STATE FARM MUTUAL IDENTIFICATION NO.: 82591 AUTOMOBILE INSURANCE 518 TOWNSHIP LINE ROAD, SUITE 300 COMPANY BLUE BELL, PA 19422 MARK SALISBURY and RICCA SALISBURY Plaintiff(s) V. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Defendant/Petitioner. COURT OF COMMONS PLEAS 01 CUMBERLAND COUNTY SEPTEMBER TERM, 2009 CIVIL ACTION NO: 0 5. 44 9 PETITION FOR ISSUANCE OF SUBPOENA TO TAKE DEPOSITION Petitioner, State Farm Mutual Automobile Insurance Company ("State Farm" or "Petitioner"), by and though its local counsel, Nelson, Levine, deLuca & Horst, LLC, requests the issuance of a subpoena pursuant to Pa. R.C.P. 234.1 and 42 Pa. C.S.A. § 5326 support thereof avers as follows: 1. Petitioner, State Farm, is a defendant in the above-captioned action which is pending in the Superior Court of California, County of Los Angeles, South Central District 2. Petitioner seeks to obtain the deposition testimony of a non-party witness, Robert Sanders, a Pennsylvania resident who, upon information and belief, is employed in Cumberland County, Pennsylvania by Gannett Fleming Communications, 207 Senate A Camp Hill, PA 17011. 3. In early August 2009, Petitioner, through its California counsel, contacted Sanders to determine whether he would voluntarily comply with State Farm's efforts to his deposition testimony for use in the pending California action in accordance with the in provisions of 42 Pa. C.S.A. § 5326(b). 4. As confirmed in a letter from State Farm's California counsel to Mr. Sanders dated August 14, 2009, Mr. Sanders indicated in a telephone conversation with State Farm's counsel that he would not voluntarily cooperate with State Farm's efforts to secure his depos'1 testimony and abruptly terminated the conversation by hanging up the phone. A true and co copy of the Letter dated August 14, 2009 from Victor R. Anderson, III, Esquire to Robert Sanders is attached hereto as Ex. "A." 5. The pending California action involves the alleged theft of an insured motor vehicle and the vehicle owner's attempt to obtain insurance coverage for the alleged theft u an insurance policy issued by State Farm. 6. State Farm has denied the plaintiff policyholder's claim in the pending actio based on suspected misrepresentations and concealment by the policyholder. 7. Mr. Sanders has knowledge and information relevant to State Farm's investigation of the circumstances surrounding the alleged theft of the vehicle in question, including the activities of the plaintiff during a weekend trip with friends, including Mr. S oet during the time period when the vehicle was allegedly stolen. 8. In connection with its investigation of the alleged vehicle theft, Mr. Sanders has provided State Farm with information that is inconsistent with statements given by the policyholder and others who accompanied the policyholder on the weekend trip. 9. On September 9, 2009, Petitioner, by its California counsel, issued a Notice tb take the videotaped deposition of Robert Sanders at the Cumberland County Bar Associati #x building located at 32 S. Bedford Street, Carlisle, PA 17013 on October 1, 2009 beginning 4t 10:00 a.m. A true and correct copy of the "Notice of Deposition By Videotape of Witness Bob Sanders" is attached hereto as Ex. "B." 2 II 10. On September 9, 2009, the California Superior Court issued a Commission fo the taking of Mr. Sanders's deposition on October 1, 2009. The Commission Issued by the California Superior Court is attached hereto as Ex. "C." 11. Petitioner requires the issuance of a subpoena by this Court to compel the attendance of Robert Sanders for deposition as set forth in the Notice attached as Ex. "B." 12. The discovery deadline for this matter is October 9, 2009. 13. This matter is scheduled for trial on November 9, 2009. WHEREFORE, Petitioner prays that the Court grant its petition and issue an Order directing the issuance of a subpoena compelling Robert Sanders to appear for deposition. Respectfully submitted, NELSON LEVINE de LUCA & HORST, LL BY: Michael Murphy, Esquire PA Attorney I.D. No.: 82591 518 Township Line Road, Suite 300 Blue Bell, PA 19422 (215)358-5113 Attorneys for Petitioner State Farm Automobile Insurance Company Dated: September /?- , 2009 3 NELSON LEVINE de LUCA & HORST, LLC ATTORNEYS FOR DEFENDANT BY: MICHAEL MURPHY ESQUIRE STATE FARM MUTUAL IDENTIFICATION NO.: 82591 AUTOMOBILE INSURANCE 518 TOWNSHIP LINE ROAD, SUITE 300 COMPANY BLUE BELL, PA 19422 MARK SALISBURY and RICCA SALISBURY Plaintiff(s) V. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Defendant/Petitioner. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMONS PLEAS O? CUMBERLAND COUNTY SEPTEMBER TERM, 2009 CIVIL ACTION NO: ss. Local counsel for Defendant/Petitioner, being duly sworn according to law, hereby deposes says that he is an attorney for the Petitioner; that he is authorized to make this affidavit on behalf; and that the facts set forth in the foregoing Petition are true and correct to the best knowledge, information and belief. Sworn to and subscri} ed Before me this 1A., day ofi.2009. IZTan P gli Dawn M. Cinaglia, o t Public Whitpain Twp., Mont ry County My Commission Expires Oct. 24, 2009 Member, Pennsylvania Association of Notaries Michael Murphy, Esquire Local Counsel for Defendant/Pet- over State Farm Mutual Automobile Insurance i its CERTIFICATE OF SERVICE I, Michael Murphy, hereby certify that on September 4-/ , 2009, a true and copy of the foregoing "Petition for Issuance of Subpoena to Take Deposition" was served U.S. First Class Mail, postage prepaid upon the following: David W. Allor, Esquire LAW OFFICES OF DAVID W. ALLOR 6601 Center Drive West, Suite 500 Los Angeles, California 90045 Counsel for Plaintiffs Mark Salisbury and Ricca Salisbury Victor R. Anderson CRANDALL, WADE & LOWE 700 Irvine Center Drive, Suite 700 Irvine, California 92618 Counsel for Defendant State Farm Mutual Insurance Company NELSON LEVINE de LUCA & HORST, BY: Michael Murphy, Esquire Local Counsel for Defendant/Petitioner State Farm Mutual Automobile Insurance Company 4 7700 Irvine Center Dr. CIR:ANDALL, WADE OWE Suite 700 Irvine, CA 92618-2929 A .. P. R 0 F E S 5 1 0 N A L c o x r 0 A A. 1' t 0 N tel: (949) 753-1000 1 August 14,200 fax: (949) 753-1039 www.cwuaw.com PERSONAL & CONFIDENTIAL Sys -?v ?s I Edmond D. Wade Bob Sanders James L Crandall c/o Gannett Flemlhg William R. Lowe TELECOMMUNICATIONS Bradley M. Bush 207 Senate Avenue Edwin B. Brown Cam hili PA 17011 Richard M. Koep p , Robert J. O'Connor Curtis L. Metzgar Richard W. Miller Re: SALISBURY T. STATE FARM Victor R. Anderson, III Our File No. SF 28665 James A. Rossi Patrick]. Cirn-marusti Dear Mr. Sanders: Jeffrey M. Carson Marlene E. Kern I called you approximately one week ago and spoke to you very briefly when you Bruce E. Nehlsen returned my call. You indicated that you were not interested in cooperating with State Jessica Mercado Cecilie E. Read Farm Mutual Automobile Insurance Company in obla_inin g your deposition. Y' u abruptly T. Vincent Consolo hung up on me during our telephone conversation. I a aln tried contacting g yp via your Janet G. Harris cell phone on Monday, August 10, 2009. You did not accept my phone call abruptly Geoffrey T. Hill hung up- Amber B. Derham Joseph Lee My client, State Farm, is merely seeking to take your deposition in either Courtney E. Perdue Philadelphia or California which ever is more convenient for you. If necess , we are Erin K. Nguyen prepared to obtain a private investigator in Philadelphia and have them serve you at your place of employment. It is my professional practice and courtesy to try to sparq 'tnesses Of counsel any embarrassment associated with being served with a subpoena at work. Tberefore, I Ilse H. DiiPinto am making one final attempt to seek your cooperation and ask that you contact' a so that Amy K Hulick we can arrange for your deposition. Failing that, you-will leave me no choice but to have a process server come to your place of employment and serve you with a deposition subpoena. I wish to avoid that if at all possible. Offices also in Please contact the undersigned or my partner Mr. James L. Crandall if you wish Rancbo Cucamonga, (909) 483-6700 to make arrangements with us to provide for your deposition. If I do not hear fro, n you by Calabasas, Friday, August 21, 2009, I will assume that you are not cooperative and that t will be (818) 871-9900 necessary to have a process server serve you with a subpoena. 7R TO BOB SANDERS RE DEPOSITION SUBPOENA.wpd ,SALISBURY v. STATE FARM August 14, 2009 Page 2 I look forward to hearing from you. Very truly yours, CRANDALL, WADE & LOWE A Professional Corporation J?VICTOR S L. CRANDAZ;L R. ANDERSON, III VRA/sb F.IW%SF%286651CORRESPONDENCEV.TR TO BOB SANDERS RE DEPOSITION SUBPOENA.wpd • SALISBURY Y. STATE FARM August 14, 2009 Page 3 bcc: Ray Branker Bruce Jungk Re: SALISBUR Insured Claim No. Policy NO. Our File No. Y V. STATE FARM Mark & Ricca Salisbury 75-4509-408 :2701 =063-75A : SF 28665 F.NW%SFU8665\C0RRESP0NDENCEll.TR TO BOB SANDERS RE DEPOSMON SUBPOENA.wpd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES CRANDALL, WADE & LOWE A PROFESSIONAL CORPORATION 7700 IRVINE CENTER DRIVE - SUITE 700 IRVINE, CA 92618-2929 TELEPHONE: (949) 753-1000 FACSIMILE: (949) 753-1039 JAMES L. CRANDALL (SBN 47627) VICTOR R. ANDERSON, III (SBN 112855) (SPACE BELOW FOR FILINGS STAMP ONLY) Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCt COMPANY t SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES - SOUTH CENTRAL DISTRICT MARK SALISBURY and RICCA SALISBURY, Plaintiffs, V. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AND DOES 1 THROUGH 50, INCLUSIVE, Defendants. CASE NO. TC 021731 Assigned for All Purposes: Hon. Rose Hom, Dept. G NOTICE OF DEPOSITION BY VIDEOTAPE OF WITNESS Bpl SANDERS Trial Date: November 9, 2009 TO ALL INTERESTED PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that pursuant to California Code of Civil Procedi 2025, the deposition referred to below will be taken by associated counsel Michael N of Nelson, Levine, De Luca & Horst, LLC for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY before such Deposition Officer as may follows: DEPONENT: BOB SANDERS DATE: OCTOBER 1, 2009 TP4E: 10:00 A.M. Section hy, Esq. present as NOTICE OF DEPOSITION BY VIDEOTAPE OF WITNESS BOB 1 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LOCATION: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 Said Deposition will be conducted before a duly authorized deposition officer,land if not completed on said date, it will be continued from day to day thereafter at the same pla?e, Sundays and Holidays excepted, until completed. If an interpreter will be required for the deposition, please notify this office, i writing, at least five (5) days prior to the scheduled deposition. DATED: September 9, 2009 CRANDALL, WADE & LOWE A Professional Corporation JAMES L. C DALL ?- VICTOR R. ANDERSON, III Attorneys for Defendant STATE FARM TUAL AUTOMOBILE INSURANCE COMP AN 2 NOTICE OF DEPOSITION BY VIDEOTAPE OF WITNESS BOB SANI PROOF OF SERVICE - 1031a(3) C.C.P. STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County 'of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 7700 Irvine Center Drive, Suite 700, Irvine, CA 92618-2929. On September 10, 2009, I served the foregoing document described as NOTICE 0* DEPOSITION OF WITNESS BOB SANDERS on the interested parties in this action as I ?et forth below in the following manner: Attornevs for Plaintiffs David W. Allor, Esq. LAW OFFICES OF DAVID W. ALLOR 6601 Center Drive West, Suite 500 Los Angeles, California 90045 Tel (310) 342-8270 Fax (310) 342-8271 (X) BY MAIL. I am familiar with this firm's practice of collection and processing corre pondence for mailing with the United States Postal Service, and that the correspondence shall be deposited with the United States Postal Service on the same day in the ordinary course of bus' ess pursuant to Code of Civil Procedure §1013a. I am aware that on a motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one d'ay after date of deposit for mailing affidavit. O BY FACSIMILE. In addition to service by mail as set forth above, a copy of said cement(s) was also delivered by facsimile transmission to the addressee(s) pursuant to Code o Civil Procedure §1013(e). BY PERSONAL SERVICE. I caused a true copy of said document(s) to be hand-delivered to () the addressee(s) via Executive Express. O BY EXPRESS MAIL. I caused said document(s) to be deposited in a box or other acility regularly maintained by the express service carrier providing overnight delivery put uant to Code of Civil Procedure §1013(c). I declare under penalty of perjury under the law of t e of California that the regoing is true and correct and that this declaration was executed o S pyre ber 10, 2009, at Irvine, C lifornia. !1 / A 1 BRUCE DISC-030 - ATTORNFY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY I'CTOR R. ANDERSON, III, ESQ. STATE BAR NO. 112855 CRANDALL, WADE & LOWE CA 92618 7700 IRVINE CENTER DRIVE, SUITE 700, IR ? TELEPHONE NO.: 949-753-1000 FAX NO. (Optional): 9 -1039 E-MAIL ADDRESS (Optional): ATTORNEY FOR(Name: Def STATE FARM MU& AUTO. . CO. SUPERIOR COURT OF CALIFORNIA, COUNTY OF OSZZANG S , Oje? T STREETADDRESS: 200 W. COMPTON BOULE RI 49 MAILING ADDRESS: a ?O ?9 vA ? <O .p t CITY AND ZIP CODE: COMPTON, CA 90220 r' BRANCH NAME: SOUTH CENTRAL DISTRICT SHORT TITLE: SALISBURY v. STATE FARM o ? COMMISSION TO TAKE DEPOSITION OUTS CALIFORNIA CASE NUMBER: [XI ORDERED BY COURT 0 ISSUED BY THE CLERK OF THE COURT TC 021731 1. The Superior Court of California hereby authorizes the deposition, upon oral examination, of (identity of deponent): 50B SANDERS lCe deposition is to be taken in (state of the United States, territory, or insular possession subject to its jurisdiction): CUMBERLAND COUNTY BAR ASSOCIATION, 32 S. BEDFORD STREET, CARLISLE, PA -7013 The deposition will be conducted (check one): a. EE under the supervision of a person who is authorized to administer oaths by the laws of the United States those of the place where the examination is to be held, and who is not otherwise disqualified under California Code o? ivil Procedure i sections 2025.320 and 2025.340(b)-(f); or b. = Before (name of appointee): who is appointed to administer oaths and to take testimony. 4. The documents or things to be produced at the time and place of the depsotion are 0 described in Attachment 4 = none. 5. Additional terms required by the foreign jurisdiction to initiate the process are contained in Attachment 5. Number of pages attached: 6. Under California Code of Civil Procedure section 2026.010, California authorizes that a commission to take an outof-state deposition may be issued by the clerk of the court or, if the foreign jurisdiction requires it, by order of the court. 7. The Superior Court of the State of California hereby requests that process issue in the above-referenced place whOe the examination is to be held, requiring the attendance and enforcing the obligations of the deponent to produce docum nts and answer questions. i DatESEP 0 LutJ TEMBER Y 2009 FV Judge OR Clerk, b eputy iQ A. CLARK A. GtARCIA Pape 1 of 1 10 ISC code ??. Proe., § 2ozs.o m Form Approved for Optional Use COMMISSION TO TAKE Judicial Council of California DEPOSITION OUTSIDE CALIFORNIA SOg ns" D-030 [New January 1, 2008] DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS ATTACHMENT 4 DOCUMENTS TO BE PRODUCED 1. Any and all documents evidencing the whereabouts of Mark Salisbury during weekend of August 23, 2007 through August 27, 2007, including but not limited to yo, purchase of gasoline. 2. Any and all documents evidencing the purchase of food during your trip to Havasu between August 23, 2007 and August 27, 2007. 3. Any and all documents evidencing registration or payment for a hotel room at Havasu during your trip of August 23, 2007 to August 27, 2007 -;" ?.- FILED OF TNE 2004 SEP 14 P1 I: 10 Ad. aZ,- M 31 s?97 J&,, J- 3 0 53 s COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mark Salisbury and Ricca Salisbury V. State Farm Mutual Automobile Insurance Company File No. O f- G / 9 q lam( SUBPOENA TO ATTEND AND TESTIFY TO: Robert Sanders C/o Gannett Fleming Commnnirar;ang 207 Senate Avenue, Camp Hill. PA 17011 r 1. You are ordered by the court to come to Cumberland Cnrnnt?j Rnr ssnciati. 32 S. Bedford Street (Specify Courtroom or other place) at Carlisle Cumberland County, Pennsylvania, on October 1, 2 at 10 •o'clock, A M,. to testify on behalf of Defendant in the above case, and to remain until excused. 2. And bring with you the following: See Att, See also Attachment B setting forl If you fail to attend or to produce the documents or things required by tHi subpoena, you may be subject to the sanctions authorized by Rule 234.5 of tih Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fee and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.RC.P.No.234.2(a): Name: Michael Murphy Address: - 532 To;-mship Line Read R1.4 - e 8e31., 12A 19422 Telephone: 21 X358-51 G10 Supreme Court ID # R2s91 BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy', Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Ef£ 7191)1 df id. ? 3,ot - ?)- 9//YJ ATTACHMENT A DOCUMENTS TO BE PRODUCED 1. Any and all documents evidencing the whereabouts of Mark Salisbury du$ g the weekend of August 23, 2007 through August 27, 2007, including but not limited your purchase of gasoline. 2. Any and all documents evidencing the purchase of food during your trip to Lake' Havasu between August 23, 2007 and August 27, 2007. 3. Any and all documents evidencing registration or payment for a hotel room 'alt Lake Havasu during your trip of August 23, 2007 through August 27, 2007. ATTACHMENT B The October 1, 2009 deposition of Robert Sanders will be videotaped in accordance with Pa. R.C.P. 4017.1. The address of the deponent is as follows: Robert Sanders c/o Gannett Fleming Communications 207 Senate Avenue Camp Hill, PA 17011 The deposition will be videotaped by: Torr Pizzillo OTM Legal 12 S. Filbert Street, Suite A-5 Mechanicsburg, PA 17055 (717) 975-9217 The deposition will be simultaneously recorded by stenographic means by: Amy R. Fritz, R.P.R. Central Pennsylvania Court Reporting Services P.O. Box 508 Carlisle, PA 17013 (717) 258-3657 SEP 15 2009 MARK SALISBURY and RICCA SALISBURY Plaintiff(s) V. COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY SEPTEMBER TERM, 2009 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY DefendanVPetitioner. CIVIL ACTION NO: 0 9 G/ 9 Y ORDER AND NOW this 16 '" day of ?r??d.OIa- upon consideration of the annexed Petition for Issuance of Subpoena to Take Deposition, it is hereby ORDERED that the Prothonotary of Cumberland County shall issue a subpoena directed to Mr. Robert Sanders, c/o Gannett Fleming Communications, 207 Senate Avenue, Camp Hill, PA 17011, compelling his attendance at a deposition to be held on October 1, 2009 commencing at 10:00 a.m. at the Cumberland County Bar Association building located at 32 S. Bedford Street, Carlisle, PA 17013. ?It?Cr-Ci'r'i: OF THE 2009 SEP 16 A 10,. 05) A? ? A G ???s ?1 v? • ?I ?" w.j i 'ti