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HomeMy WebLinkAbout10-4083FILE ,r T} Ir , , ;" ~'r;RY IN THE DISTRICT COURT bf. CUMBERLAND COUNT 10.11 17 t' 3 STATE OF PENNSYLVAN AUP?rir `,Y r I° i'L J, ?!;A IN RE: JAMES BORDELON DOCKET NO.: I6- tla3 Uj ***************************************************************************** APPLICATION TO TAKE DEPOSITION NOW COME, Defendants, T.H.E. INSURANCE COMPANY and A-1 RACEWAY, LLC, in the case entitled James Bordelon, et al, vs. A-1 Raceway LLC et al, filed in the Twenty Second Judicial District Court, St. Tammany Parish, Louisiana, bearing Docket No. 2008-10345-C, who request that this Court issue an order authorizing the Clerk of the District Court of Cumberland County, Pennsylvania, to issue a subpoena duces tecum to the Custodian of Records of Rite Aid Corporation Corporate Headquarters. Good cause exits for the issuance of the subpoena duces tecum to said custodian, as the records requested are necessary to the presentation of the Defendants' case in St. Tammany Parish, Louisiana. The Custodian of Records is beyond the subpoena power of the Twenty Second Judicial District Court, Covington, Louisiana. The only vehicle to memorialize the testimony of the Custodian of Records and present their testimony and copies of the records in the trial of this matter, is to issue a subpoena duces tecum to the Custodian of Records of Rite Aid Corporation Corporate Headquarters, out of the District Court of Cumberland County, Pennsylvania, which has jurisdiction to issue such subpoena. Upon application, this Court has the power to issue a subpoena duces tecum to the Custodian of Records of Rite Aid Corporation Corporate Headquarters, so that the testimony and copies of the records may be presented in the trial of this case. WHEREFORE, premises considered, the undersigned respectfully requests that this Court enter an order authorizing and directing the issuance of a subpoena duces tecum to the Custodian of Records of Rite Aid Corporation Corporate Headquarters, by the Clerk of this Honorable Court. 67 ??T day of May, 2010. Lafayette, thisllr"' Respectfully submitted, THOMAS R. IG TOWER, JR. #1956 MICHAEL S. VAPER 424119 WADE KEE #18973 Law Offices of Thomas R. Hightower, Jr. A Professional Law Corporation 1019 Lafayette Street Post Office Drawer 51288 Lafayette, LA 70505 (337) 233-0555 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has this date been forwarded to all known counsel of record by placing a copy of same in the United States Mail, postage prepaid and properly addressed. 6- Lafayette, Louisiana, this 2 day of May, 2010. tl?Ako?' ? THOMAS R, JR. Certificate Under Act of Congress STATE OF LOUISIANA SS PARISH OF ST. TAMMANY c/St9Tfdo, Clerk of the Twenty-Second Judicial District Court, in and for the Parish of St. Tammany, State of Louisiana, and keeper of the records, files and seal of said Court, do hereby certify, that the foregoing and annexed is a true, full and complete copy of the original as fully as the same appears from the records and files of said Court now remaining in my office, and that said Court is a Court of record. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Court at Covington, Louisiana, this day of . A.D., 20 LQ 2AA, Clerk o the wenty-Second judicial District Court in and for the Parish of St. Tammany, State of Louisiana STATE OF LOUISIANA SS PARISH OF ST. TAMMANY 1, 445.1'A W T WehicyXudge of the Twenty-Second Judicial District Court, in and for the Parish of St. Tammany, State of Louisiana, do hereby certify that L,Wim nl rido, whose name and genuine signature is subscribed to the foregoing certificate of attestation, now is, and was, at the time of signing and sealing the same, Clerk of said Court, and keeper of the records, files and seal thereof duly elected and qualified to office; that full faith and credit are and of right ought to be given to all of his official acts, as such, in all courts of record elsewhere, and that said attestation is in due form of law and by the proper officer. Given under my hand and the seal of said Court this 7 day of 4 _ , A.D., 20 /D. Judge of the Twenty-Second Judicial District Court in and for the Parish of St. Tammany, State of Louisiana STATE OF LOUISIANA SS PARISH OF ST. TAMMANY I, c-lakw9rido, Clerk of the Twenty-Second Judicial District Court, in and for the Parish of St. Tammany, State of Louisiana, do hereby certify that Wes.#1174AV T AAdea",% I u? , whose genuine signature appears on the foregoing Certificate, was, at the time of signing the same, judge of said Court, duly elected, commissioned and qualified in accordance with the laws of the State of Louisiana; that full faith and credit are and of right ought to be given to all his official acts, as such, in all Courts of record and elsewhere. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Court at Covington, Louisiana, this _::2 day of ?•c?r-2__ . A.D., 20 10 . Clerk of the Twenty-Second Judicial District Court In and for the Parish of St. Tammany, State of Louisiana [?Slj c, JAMES BORDELON AND CHRISTINA * GARCIA, INDIVIDUALLY AND ON * BEHALF OF HER MINOR CHILD, JUSTIN HASKINS * VERSUS 22ND JUDICIAL DISTRICT COURT DOCKET NUMBER: 2008-13045-C * * PARISH OF ST. TAMMANY A-1 RACEWAY, LLC AND T.H.E. INSURANCE COMPANY * STATE OF LOUISIANA ********************************************************************** * E D NOTICE OF DEPOSITION -?f FOR PRODUCTION OF MEDICAL RECORDS JUN 0 1 2010 TO: Mr. James P. Bordelon through his attorney of records Mr. Leo J. Palazzo Palazzo Law Firm 732 Behrman Hwy., Stes. F&G Gretna, LA 70056 ?RrePKE?K DEPUTY PLEASE TAKE NOTICE that Defendants, T.H.E. INSURANCE COMPANY and A-1 RACEWAY, LLC, will take the deposition of the Custodian of Records of Rite Aid Corporation Corporate Headquarters for the purpose of obtaining medical records as noted below. NAME DATE Place Custodian of Records June 30, 2010 Corporate Headquarters Rite Aid Corporation 10:00 a.m. 30 Hunter Lane Camp Hill, PA 17011 Said deposition will be taken for all purposes as authorized by the Louisiana Code of Civil Procedure, including for use at trial. Pursuant to Article 1438 of the Louisiana Code of Civil Procedure, T.H.E. Insurance Company and A-1 Raceway, LLC gives notice that a subpoena duces tecum has been issued to Rite Aid Pharmacy/Rite Aid Corporation, to produce at the aforesaid deposition a certified copy of the following records: Certified conies of any and all medical records, including, but not limited to, prescription records and bills, hospital reports, nurse's notes, progress notes, diagnostic reports and observations, prescriptions, therapist's reports, memoranda, video, film, tape or any arthroscopic procedure, narrative reports, physical therapy progress reports, specialists or medical institution, including any and all documents or records concerning treatment rendered in relation to drugs, alcohol, sickle cell and/or HIV, whether handwritten or typewritten, billing records, documents, reports, and/or tests relative to the examination, diagnosis, treatment or prognosis on behalf of James Bordelon, DOB 7/10/73; Social Security No.: 439-39-5797. We are not requesting x-rays at this time but should we need same at a later date, we reserve the right to request them. PLEASE NOTE THAT THIS IS A "MOCK" DEPOSITION FOR THE PURPOSE OF OBTAINING MEDICAL RECOIIDS ONLY. Lafayette, Louisiana, this /L7 day of May, 2010. Respectfully submitted, TH MAS R. I HT WE , JR. #1956 MICHAEL S. ER 4119 WADE KEE # 973 Law Offices of Thomas R. Hightower, Jr. A Professional Law Corporation 1019 Lafayette Street Post Office Drawer 51288 Lafayette, LA 70505 (337) 233-0555 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has this date been forwarded to all known counsel of record by placing a copy of same in the United States Mail, postage prepaid and properly addressed. , Lafayette, Louisiana, this?/ ? day of May, 2010. An??-___ LGb TH MAS R: HI OWE , JR. JAMES BORDELON AND CHRISTINA * GARCIA, INDIVIDUALLY AND ON * BEHALF OF HER MINOR CHILD, JUSTIN HASKINS * 22ND JUDICIAL DISTRICT COURT DOCKET NUMBER: 2008-13045-C VERSUS * PARISH OF ST. TAMMANYF I L E D A-1 RACEWAY, LLC AND T.H.E. INSURANCE COMPANY * STATE OF LOUISIANA JUN 0 1 2010 PETITION FOR LETTER ROGATORY MALISE PRIETO - CLERK '01 V1t;K10bt!FFRPRTP- The petition of Defendants, T.H.E. INSURANCE COMPANY and A-1 RACEWAY, LLC, respectfully represent: 1. In the matter presently pending before this Court, there is information pertinent to this claim in the custody of Rite Aid Corporation Corporate Headquarters. 2. Rite Aid Corporation Corporate Headquarters, on information and belief, can be located at 30 Hunter Lane, Camp Hill, PA 17011. 3. Defendants have noticed the deposition of Rite Aid Corporation Corporate Headquarters on the 30`x' day of June, 2010. WHEREFORE, Defendants pray that a Letter Rogatory be issued to the appropriate authorities in Cumberland County, Pennsylvania, commissioning them to take the deposition of Rite Aid Corporation Corporate Headquarters. Respectfully submitted, THOMAS R,! HI HTO W f R, JR. #1956 RPER #24119 MICHAEL S4973 WADE KEE Law Offices of Thomas R. Hightower, Jr. A Professional Law Corporation 1019 Lafayette Street Post Office Drawer 51288 Lafayette, LA 70505 (337) 233-0555 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has this date been forwarded to all known counsel of record by placing a copy of same in the United States Mail, postage prepaid and properly addressed. Lafayette, Louisiana, this r? ` daffy of May, 2010. THOMAS HI H R, JR. JAMES BORDELON AND CHRISTINA * GARCIA, INDIVIDUALLY AND ON * BEHALF OF HER MINOR CHILD, JUSTIN HASKINS * 22ND JUDICIAL DISTRICT COURT DOCKET NUMBER: 2008-13045-C VERSUS * FILE * PARISH OF ST. TAMMANY A-1 RACEWAY, LLC AND T.H.E. INSURANCE COMPANY * STATE OF LOUISIANA ?d1? 1 2010 **j _ +C ORDER DEPUTY V N Considering the above and foregoing motion; IT IS HEREBY ORDERED that the Defendants' Petition for Letter Rogatory be and is hereby granted and that the Letter Rogatory, Notice of Deposition and deposition subpoena be submitted to the appropriate authority of Cumberland County, Pennsylvania for processing. G-- THUS DONE AND SIGNED this -Z-day of MiT, 2010 in Covington, Louisiana. Al JAMES BORDELON AND CHRISTINA GARCIA, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILD, JUSTIN HASKINS * 22ND JUDICIAL DISTRICT COURT * * DOCKET NUMBER: 2008-13045-C * VERSUS j V * PARISH OF ST. TAMMANY 1 A-1 RACEWAY, LLC AND T.H.E. INSURANCE COMPANY STATE OF LOUISIANA JUN 0 1 2010 ****************************************************************************** LETTER ROGATORY y P E DEPUTY To the appropriate authority in Cumberland County, Pennsylvania: In the Civil District Court in and for the Parish of St. Tammany, State of Louisiana, there is pending a case entitled "James Bordelon, et al vs. A-1 Raceway, LLC, et al" and it appears to this Court that the just determination of the issues therein presented requires the testimony by deposition to be taken from Rite Aid Corporation Corporate Headquarters, ATTN: Custodian of Records, 30 Hunter Lane, Camp Hill, PA 17011. It is therefore requested that you assist this Court in serving the interest of justice by causing the Records Custodian of Rite Aid Corporation Corporate Headquarters to appear before you, or before a competent officer authorized by you, requiring them to produce and make available for copying, and cause the deposition to be returned to this Court under cover and duly sealed addressed to the Clerk of the Civil District Court in and for the Parish of St. Tammany, State of Louisiana, United States of America. This Court is ready and willing to extend the same courtesies to your state in a similar case when required. ??? Covington, Louisiana this day o , 2010. 11?\11 9)"1 JAMES BORDELON AND CHRISTINA GARCIA, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILD, JUSTIN HASKINS * VERSUS * 22ND JUDICIAL DISTRICT COURT DOCKET NUMBER: 2008-13045-C PARISH OF ST. TAMMANY A-1 RACEWAY, LLC AND T.H.E. INSURANCE COMPANY * STATE OF LOUISIANA ********************************************************************* ** AFFIDAVIT JUN 0 1 2010 Before Me, the Undersigned Authority, E P ET Personally Came and Appeared: EPUTY Who, after first being duly sworn, did depose and say that he/she is the deputy Clerk of Court of St. Tammany Parish, State of Louisiana, and that he/she has reviewed the file entitled, James Bordelon, et al vs. A-1 Raceway, et al" and hereby certifies that there is no opposition to the issuance of a subpoena duces tecum for the production of records of Rite Aid Corporation Corporate Headquarters. BY: (h i w DEPUTY CLERK SWORN TO AND SUBSCRIBED BEFORE ME THIS ,- DAY 0 , 2010. r? qL"- LAW OFFICES OF THOMAS R. HIGHTOWER, JR. A PROFESSIONAL LAW CORPORATION THOMAS R. HIGHTOWER, JR. PATRICK WADE KEE 1019 LAFAYETTE STREET P.O. DRAWER 51288 LAFAYETTE, LA 70505 Of Counsel MICHAEL S. HARPER Also admitted in Texas E-Mail Address: wkaa,trhanlc.com PHONE (337) 233-0555 FAX (337) 233-5002 May 25, 2010 Mr. David D. Buell Prothonotary Cumberland County 1 Courthouse Square, Ste. 100 Carlisle, PA 17013 Re: James Bordelon, et al vs. A-1 Raceway, LLC, et al Docket No. 2008-13045-C 22nd JDC, St. Tammany Parish OFN: 2177 Dear Mr. Buell: Enclosed please find a certified copy of Petition for Letter Rogatory, Letter Rogatory, Order, and Notice of Deposition of the Custodian of Records for Rite Aid Corporation in connection with the above referenced matter. Please present the Order to a district court judge for signature; thereafter filing same into the records of your office. Please also cause issuance of a subpoena duces tecum for the information noted on the Notice of Deposition to the following: Custodian of Records of Rite Aid Corporation Corporate Headquarters 30 Hunter Lane Camp Hill, PA 17011 Please submit the requested information to Thomas R. Hightower, Jr., Post Office Drawer 51288, Lafayette, Louisiana 70505. I have enclosed my firm check in the amount of $95.00 made payable to Prothonotary, Cumberland County, which includes the filing fee ($92.00) and the fee for issuance of the subpoena duces tecum ($3.00). Mr. David D. Buell May 25, 2010 Page 2 If for any reason the above cannot be filed, please call me immediately to advise of same so that we can remedy the problem as soon as possible. Thanking you in advance for the courtesies of your office. If you have any questions, please feel free to call. With kind regards, I am Very truly y s, Thomas R. Hig to , Jr. TRHjr/tse Enclosures Cc: Mr. Leo Palazzo 21771clerk PA RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 IN RE: JAMES BORDELON (VS) Case Number 2010-04083 Received of PD ATTY HIGHTOWER MJM Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... = 95.00 Check# .00 .00 $95.00 Distribution Of Payment Receipt Date 6/17/2010 Receipt Time 14:35:11 Receipt No. 243907 022286 Transaction Description Payment Amount PETITION 55.00 CUMBERLAND CO GENERAL FUND TAX ON PETITION .50 BUREAU OF RECEIPTS AND CONTROL SETTLEMENT 8.00 CUMBERLAND CO GENERAL FUND AUTOMATION FEE 5.00 CUMBERLAND CO AUTOMATI ON FUND JCP FEE 23.50 BUREAU OF RECEIPTS AND CONTROL SUBPOENA 3.00 CUMBERLAND CO GENERAL FUND $95.00 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~_~~(~~ - ~'i~V Sheriff of ~~,xr~t~ ,~- T'a'i r_ Jody S Smith i Chief Deputy -~ ~+, Z~t~ .':~~.. '~ -"' i ! ~ ~ J4 Richard W Stewart ~ ~ : - G~~ ~~~~~ Solicitor C~~n , ~ ~~~~~ L :'~ James Bordelon Case Number vs. 2010-4083 Rite Aid Corporation SHERIFF'S RETURN OF SERVICE 07/02/2010 01:32 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 2, 2010 at 1330 hours, he served a true copy of the within Subpoena to Produce Documents, Petition for Letter Rogatory, Letter Rogatory, Order and Notice of Deposition, upon the within named defendant, to wit: Rite Aid Corporation, by making known unto Patrick Coleman, Paralegal and Custodian of Records at 30 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. ~~~~~~ S EPHEN BENDER, DEPUTY SHERIFF COST: $34.44 July 06, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci CourtySulte Shen±'f, Te;aosott. Ind.