The URL can be used to link to this page

Home My WebLink About10-550710- S C 67 (?t DL , 3RD JUDICIAL DISTRICT COURT FOR THE PARISH OF LINCOLN STATE OF LOUISIANA NO. 53227 DEE SIMMONS VERSUS DIVISION "N" - C: r .. c;. 0 - W JIMMY RAY TURNER, BODIES FURNITURE, INC., THE TRAVELERS INDEMNITY COMPANY AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY r FILED: °°--- D PUTY CLERK LETTERS ROGATORY This to the appropriate authority in the. County of Cumberland, State of Pennsylvania: In the Third Judicial District Court for the Parish of Lincoln, State of Louisiana, there is a pending case entitled "Dee Simmons v. Jimmy Ray Turner, Bodies Furniture, Inc., The Travelers Indemnity Company and State Farm Mutual Automobile Insurance Company" and it appears to this Court that the just determination of the issues therein presented requires that information and documentation be taken from Rite Aid Pharmacy via record production. It is therefore requested that you assist this Court in serving the interests of justice by causing Rite Aid Pharmacy to be served with a records only deposition subpoena compelling the production of: A true and complete copy of any and all pharmacy printouts, medication lists, billing and insurance information, and any and all other tangible documents contained within the individual's file regarding Dee Simmons; DOB: 8/27/1948; SSN: 436-82-6409. This Honorable Court is ready and willing to extend the same courtesies to you in a similar case when required. Ruston, Lincoln Parish, Louisiana, this 3 day o July 2010. ?7 C ?aJ/ ``-- LINDA COOK DISTRICT CLERK 3RD JDC Respectfully submitted: CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing pleading upon all co el of rec , by United States mail, properly addresseO'ar rst s pos prepaid, on July _ 2010. 1 J. MICHAEL NASH H: IDOCS111000'x11 1 100-1 1 1 9 911 1 1 901Pet.Letter Rogatory.dcl.doc UNGAl O A E ?? Lfio?s L.L.C. N 1J. SAITH (#12151) . MICHAEL NASH (#27021) 910 Pierremont Road, Suite 351 Shreveport, Louisiana 71106 mnashAunizarino-eckert.com AT-,,'r 0" , :. 1' 3RD JUDICIAL DISTRICT COURT FOR THE PARISH OF LINCOLN STATE OF LOUISIANA NO. 53227 DIVISION "N" DEE SIMMONS VERSUS JIMMY RAY TURNER, BODIES FURNITURE, INC., THE TRAVELERS INDEMNITY COMPANY AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY o log SMATHY FRECHETTE FILED: DEPUTY CLERK PETITION FOR LETTERS ROGATORY Petitionersz Jimmy Ray Turner and Bodies Furniture, Inc., defendants herein, with respect represent that: 1. Rite Aid Pharmacy is not a party to this lawsuit, but may have certain information relevant to this case and the information and documentations necessary to serve the interest of justice in this case. 2. The business address of Rite Aid Pharmacy is 30 Hunter Lane, Camp Hill, Pennsylvania 17011. 3. Defendants have noticed the records only deposition of Rite Aid Pharmacy for August 20, 2010, beginning at 10:00 a.m., and requesting production of the following: A true and complete copy of any. and all pharmacy printouts, medication lists, billing and insurance information, and any and all other tangible documents contained within the individual's file regarding Dee Simmons; DOB: 8/27/1948; SSN: 436-82-6409. Wherefore, defendants pray that a Letters Rogatory be issued to the appropriate authority in Camp Hill, Pennsylvania commissioning him/her to serve upon Rite Aid Pharmacy a subpoena requiring him to appear and/or produce records for this records only deposition and to provide the above described information. H:DOCS?1-1000's111100-1;1199L111901Pet.LellerRogatorv.dcl.dac CERTIFICATE OF SERVICE I hereby certify that I have ed a copy of' the foregoing pleading upon all counsel r•cord, by United States mail, properly addressed ani st 1'ss postage py? paid, on July , 2010. ?f BRIAN Respectfully submitted: UNGA /.d& ECKERrL.L.C. AND. SMITH (#12151) . MICHAEL NASH (427021 910 Pierremont Road, Suite 351 Shreveport, Louisiana 71106 bsmithnun6arino-eckert.com Telephone: 318/866-9596 Fax: 318/866-9836 H:IDOCS1I1000'sll1100-1.1IM IIIMPe(.Le!!e•Rogato y.dcl.doc 3RD JUDICIAL DISTRICT COURT FOR THE PARISH OF LINCOLN STATE OF LOUISIANA NO. 53227 DIVISION "N" DEE SIMMONS VERSUS JIMMY RAY TURNER, BODIES FURNITURE, INC., THE TRAVELERS INDEMNITY COMPANY AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY FILED: DEPUTY CLERK ORDER The Petition for Letter Rogatory is hereby granted and the Clerk of this Honorable Court is directed to transmit to the appropriate judicial authority for the County of Cumberland, State of Pennsylvania requesting of said Court in and for the County of Cumberland, State of Pennsylvania to issue a records only deposition subpoena, compelling the production attendance of records from Rite Aid Pharmacy on August 20, 2010 at 10:00 a.m., at the offices of Ungarino & Eckert, LLC, 910 Pierremont, Suite 351, Shreveport, LA 71106. Ruston ,Louisiana this day of , 2010. Smit DISTRICT JUDGE Filed in Clerk'-, C iCG 20 s!?ebra B. Simmons Dy. C.D.C. c is `??.,?__ - H: IDOM 11000'sl (1100-111991019MPet.Leuer Rogufor)Wcl.doc 3r`' JUDICIAL DISTRICT COURT PARISH OF LINCOLN STATE OF LOUISIANA AFFIDAVIT I, lAfnlynn District Judge for the Third Judicial District Y i.1 Y err a? Court, in and for the Parish of Lincoln, State of Louisiana, do hereby certify that Linda Cook, whose signature is attached to the Letter Rogatory herein annexed, was at the date thereof, the Clerk of the Third Judicial District Court, in and for the Parish of Lincoln, State of Louisiana, that the official acts and doings of said Clerk are entitled to frill faith and credit; and that the testation to the said Letter Rogatory is in due form of law. I further certify that the seal attached to said Letter Rogatory is the seal of this Court. Witnessed my hand and seal of said Court in the City of Ruston, Parish of Lincoln, State of Louisiana, this day of July 2010. DISTRICT JUDGE - 3r JDC Filed in Clerk's Cc-1019 s/f be Simmons hr?; 01 t7'n7' 19 2- H. IDOCSL11000's111100-111991111901Pelletter Rogalorydcl.doc 3" D JUDICIAL DISTRICT COURT FOR THE PARISH OF LINCOLN STATE OF LOUISIANA NO, 53227., DIVISION "N" DEE SIMMONS VERSUS JIMMY RAY. TURNER, BODIES FURNITURE, INC., THE TRAVELERS INDEMNITY COMPANY AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY FILED: t I l ?? D PUTY CLERK LETTERS ROGATORY This to the appropriate authority in the County of Cumberland, State of Pennsylvania: In the Third Judicial District Court for the Parish of Lincoln, State of Louisiana, there is a pending case entitled "Dee Simmons v. Jimmy Ray Turner, Bodies Furniture, Inc., The Travelers Indemnity Company and State Farm Mutual Automobile Insurance Company" and it appears to this Court that the just determination of the issues therein presented requires that information and documentation be taken from Rite Aid Pharmacy via record production. It is therefore requested that you assist this Court in,serving the interests of justice by causing Rite Aid-Pharmacy to be served with a records only deposition subpoena compelling the production of: A true and complete copy of any and all pharmacy printouts, medication lists, billing and insurance information, and any and all other tangible documents contained within the individual's file regarding Dee Simmons; DOB: 8/27/1948; SSN: 436-82-6409. This Honorable Court is ready and willing to extend the same courtesies to you in a similar case when required. Ruston, Lincoln Parish, Louisiana, this 3 day o July 2010. /J LINDA COOK 0 DISTRICT CLERK 3RD JDC Respectfully submitted: CERTIFICATE OF SERVICE I hereby certily that I have served a copy of the foregoing pleadin, upun all co?,L el of rec , by United States mail, properly addresseO, aid rst s? l: prepaid, on July ! 2p10. i /. J. MICHAEL NASH UNGAll O A ECKSWF L.L.C. N D. SMITH (#12151) . MICHAEL NASH (#27021) 910 Pierremont Road, Suite 351 Shreveport, Louisiana 71106 mnashAunp,arino-eckert.com H. DOCSV /000011100-1119911 Rogatory.dcl.doc qq?? " sy,, 2 n in l 4 ?(?Il Iv L,L - Dr [Vz*0k, C04.1-ft 3RD JUDICIAL DISTRICT COURT FOR THE PARISH OF LINCOLN STATE OF LOUISIANA NO'.'S3??7 DEE SIMMONS DIVISION "N" VERSUS JIMMY RAY TURNER, BODIES FURNITURE, INC., THE TRAVELERS INDEMNITY COMPANY AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY FILED: i 6 SXATHY FRECHETTE DEPUTY CLERK NOTICE OF RECORDS ONLY DEPOSITION TO 'Plaintiff; Dee Simmons Through her attorney of record Darleen M. Jacobs Jacobs & Sarrat 823 St. Louis Street New Orleans, LA 70112-3415 PLEASE` TAKE NOTICE that undersigned counsel on behalf of defendants, Jimmy Ray Turner and Bodies Furniture," Inc., will take the records only deposition of the following Medical Records Custodian: Rite Aid - Corporate Headquarters 30 Hunter Lane Camp Hill, PA 17011 on, AUGUST 20, 201 OAT 10:00 A.M. at the offices of Ungarino & Eckert, LLC., 910 Pierremont, Suite 351, Shreveport, Louisiana, for all purposes pennitted under the Rules of Civil Procedure, before a Notary Public or some other person authorized to administer oaths, at which time and place you are notified to appear and take such part as you may deem proper. The following records are requested to be produced: A true and complete copy of any and all pharmacy printouts, medication lists, billing and insurance information, and any and all other tangible documents contained within the individual's file regarding Dee Simmons; DOB: 8/27/1948; SSN: 436-82-6409. THIS DEPOSITION IS FOR RECORDS ONLY. YOUR APPEARANCE AT SAME WILL NOT BE NECESSARY -IF THE REQUESTED RECORDS ARE RECEIVED ON OR BEFORE AUGUST 20, 2010. N:I DOCSII 1000's111100-11199H 1190I NROD.Rite Aid-pkaraeacies.dd.doc Page I of 2 Respectfully submitted: CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing pleadin" upon all Counsel of record, by United States mail, prerly addressed an t ell's postage pr- id, on July L/ 20 P MI UNG & EKE .L.C. R N D. SM H (#12151) J. MICHAEL NASH (#27021) 910 Pierremont Road, Suite 351 Shreveport, Louisiana 71106 mnashnunarino-eckert.comec6ert.com Telephone: 318/866-9598 Fax: 318/866-9836 H: I DOCSII I000'sl 1 1100-111 9911 1 1 901 NROD. Rife Aid pharmacies.dcl.floc Page 2 of 2 4 . . , AFFIDAVIT STATE OF LOUISIANA PARISH OF CADDO BEFORE ME, the undersigned authority, personally came and appeared: J. MICHAEL NASH who after being first duly sworn, did depose and state: That a copy of the attached Notice of Records Only Deposition was served upon the plaintiff or his/her counsel at least seven days prior to issuance of the subpoena,.via U.S. Mail, and the requested entity has not received a true copy of the petition or motion indicating that the plaintiff has taken legal action to restrain the release of records. The plaintiff, or the attorney for the plaintiff, authorizes the release of the records pursuant to the subpoena. Sw to nd subscribed b re me on July, 2010. NOTARY PUBLIC (Bar #12151) Brian D. Smith Printed Name of Notary 63a?-l Flied i I rjrk' 1111 Dy. C.D.C. i ;hB Orig. ??,.? ..? :... 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEE SIMMONS Plaintiff VERSUS JIMMY RAY TURNER, BODIES FURNITURE, INC., THE TRAVELERS INDEMNITY COMPANY AND STATE FARM MUTUALAUTOMOBILE INSURANCE COMPANY Defendants File No: jb- SSD7 &Jt't fJLy,? ORDER GRANTING LETTER ROGATORY AND SUBPOENA TO PRODUCE UPON RITE AID PHARMACY The Petition for Letter Rogatory having been considered. IT IS HEREBY ORDERED that the Clerk of this Honorable Court is directed to transmit to the appropriate judicial authority for the Commonwealth of Pennsylvania, County of Cumberland, requesting of said Court in and for the County of Cumberland, State of Pennsylvania to issue a records only deposition subpoena, compelling the production attendance of records from Rite Aid Pharmacy on ZW&122& -- ?0 2010 at 10:00 a.m., (which is 20 days after service of the subpoena) at the offices of Ungarino & Eckert, LLC, 910 Pierremont, Suite ? s 1, Shreveport, LA 7 i 106. Thus done and signed in the Commonwealth of Pennsylvania, County of Cumberland this S'day of August 2010. c-? PRESI G JUDGE CC) ` ,7 A?- r7 U") J. ? L ?( ?? C"i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~>L~[~-~~i~r ~~ Sheriff '~F TNr F,r,," , -,°~'~TAE?Y Jody S Smith ~~~~~ti~,, ~~~ ~ ~~'^~ Chief Deputy ,l ~~ SC Q - 3 N'~ 9' Richard W Stewart Solicitor CUM~E~ ~•~~r'~~-~ ~`~~~ p~:~;~YLV~~lIA Dee Etta Simmons vs. Case Number Rite Aid Pharmacy 2010-5507 SHERIFF'S RETURN OF SERVICE 09/01/2010 01:33 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2010 at 1333 hours, he served a true copy of the within Subpoena, upon the within named defendant, to wit: Rite Aid Pharmacy, by making known unto Stephanie Saull, Paralegal for Rite Aid Pharmacy at 30 Hunter Lane, Camp Hill Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.94 September 02, 2010 _~-~'~ DENIyi FRY, DEPU~ SO ANSWERS, RON R ANDERSON, SHERIFF