HomeMy WebLinkAbout04-6396
COMMONWEAL TH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
MARY E. HAWKINS, surviving spouse )
of EARL L. HAWKINS, )
)
)
)
)
)
)
)
)
)
Plaintiff,
MO Case No. 04-CV210102
Case No. {)Lf - 1-.191.. (3:.,; L I~
v.
STEVEN W. HAYES AND PREMIER
DISTRIBUTING, INC.,
Defendants.
PETITION TO SECURE DEPOSITION AND DOCUMENTS IN PENNSYL VANIA
FOR USE IN PROCEEDINGS PENDING IN ANOTHER STATE
COMES NOW, Plaintiff Mary E. Hawkins, pursuant to Judicial Code, 42 Pa.C.S.A. ~
5326 and 231 Pennsylvania Code 9 4007.1, for her cause of action against Defendants Steven W.
Hayes and Premier Distributing, Inc., in seeking a Court Order to secure depositions and
documents in Pennsylvania for use in proceedings pending in Missouri, states the following:
1. Plaintiff is a resident of Carrollton, Carroll County, Missouri, and is the surviving spouse
of Earl L. Hawkins, deceased.
2. Gallagher Bassett Services, Inc., is a Delaware corporation operating as a multi-line
property/casualty third-party insurance broker.
3. Gallagher Bassett Services, Inc., maintains an office for business at the following address:
8 Flowers Drive, Mechanicsburg, P A 17055.
4. The suit captioned above is pending in the State of Missouri and is premised on the
following:
a. Prior to January 6, 2004, Defendant Premier Distributing, Inc. leased a 2000
Sterling Conventional Tractor from Penske Truck Leasing, L.P.
b. On January 6,2004, Earl L. Hawkins was driving his vehicle on a Missouri
highway.
c. At the same time and location described above, Defendant Hayes, while driving
the 2000 Sterling Conventional Tractor leased from Penske Truck Leasing, L.P.,
failed to stop at a stop sign/signal and struck Mr. Hawkins' vehicle.
d. Earl L. Hawkins died as a result of the injuries he sustained in the collision
described above.
e. The complaint filed in the State of Missouri alleges that Mr. Hawkins died as a
result of Defendants' negligence.
5. Through documents since obtained, Plaintiffhas a good-faith basis to believe that Penske
Truck Leasing, L.P " may carry insurance regarding the accident described above.
6. Richard Ducombs is an employee with Gallagher Bassett Services Inc., can be found at
the business address mentioned above and is a person knowledgeable about any and all
insurance and applicable coverage retained by Penske Truck Leasing, Inc., regarding the
vehicle leased by Penske Truck Leasing, L.P. to Premier Distributing Inc.
7. Diana Mumma works in claims management for Gallagher Bassett Services Inc., can be
found at the business address mentioned above, has twice denied the existence of any
applicable insurance coverage and is a person knowledgeable about any insurance and
applicable coverage retained by Penske Truck Leasing, Inc., regarding the vehicle leased
by Penske Truck Leasing, L.P. to Premier Distributing Inc.
8. Plaintiff respectfully asks this Court to order Richard Ducombs and Diana Mumma to
appear on January 25,2005, at 1 :00 o'clock P.M. at the Cumberland County Bar
Association Building 32 South Bedford Street, Carlisle, Cumberland County,
Pennsylvania, 17013 and give deposition testimony as persons most knowledgeable
concerning the existence of any insurance regarding the aforementioned 2000 Sterling
Conventional Tractor leased by Premier Distribution, Inc., from Penske Truck Leasing,
L.P., and direct each to bring any and all documents regarding the aforementioned leased
truck that constitutes (i) proof of insurance, including excess insurance, (ii) any
applicable limitations of any and all insurance contracts covering the vehicle leased
between Penske Leasing Company and Premier Distributing Inc. and (iii) correspondence
or other information regarding the existence or nonexistence of any insurance or excess
insurance Penske Truck Leasing Inc., may have had or does have on the leased vehicle.
This includes, but is not limited to, entire and complete copies of each and every
insurance policy covering the 2000 Sterling Conventional Tractor leased by Premier
Distribution, Inc., from Penske Truck Leasing, L.P.
WHEREFORE, Plaintiff respectfully asks the Court to issue an order securing the
depositions of Richard Ducombs and Diana Mumma and requests their presentation of all
documents sought in Plaintiffs petition in Pennsylvania for use in proceedings pending in
Missouri.
By: /
Jami
8 rt ueen Street
A: LE~, HALL & BROOKHART, LLP
.
..
... .
Lancaster, P A 17603
Telephone: (717) 393-9596
Fax: (717) 393-2138
LANGDON & EMISON
J. Kent Emison MB: 29721
Daniel L. Allen MB: 56981
LANGDON & EMISON
911 Main Street
P.O. Box 220
Lexington, Missouri 64067
Telephone: 660/259-6175
Fax: 660/259-4571
ATTORNEYS FOR PLAINTIFF
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COMMONWEAL TH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
DEe 2 2 200~
MARY E. HAWKINS, surviving spouse )
of EARL L. HAWKINS, )
)
)
)
)
)
)
)
)
)
Plaintiff,
MO Case No. 04-CV210102
CaseNo.C/-l-102.9l:, (l;o,l ~'V4j
v.
STEVEN W. HAYES AND PREMIER
DISTRIBUTING, INC.,
Defendants.
. ORDER
Arv1) f-..J OW l-t~ 1 ~ 27ft J? 7 oJ "Deu.""} L~cJ I 2. CJ f:) '1,
J>laintiffs Petition to secure the depositions by subpoena in Pennsylvania for use in
proceedings pending in Missouri for the following individuals is hereby:
1. Richard Ducombs:
~ranted
Denied
2. Diana Mumma
~
Granted
Denied
Plaintiff s Petition to secure the presentation of all documents sought in Plaintiff s petition
in Pennsylvania for use in proceedings pending in Missouri for the following individuals is
hereby:
1. Richard Ducombs
/ Granted
Denied
,~
DEe 2 2 200~
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
MARY E. HAWKINS, surviving spouse )
of EARL L. HAWKINS, )
)
)
)
)
)
)
)
)
)
Plaintiff,
MO Case No. 04-CV210102
CaseNo.[)4 - t...Nf., G~; L /'2R.:h;
v.
STEVEN W. HAYES AND PREMIER
DISTRIBUTING, INC.,
Defendants.
PETITION TO SECURE DEPOSITION AND DOCUM:ENTS IN PENNSYL VANIA
FOR USE IN PROCEEDINGS PENDING IN ANOTHER STATE
COMES NOW, Plaintiff Mary E. Hawkins, pursuant to Judicial Code, 42 Pa.C.S.A. ~
5326 and 231 Pennsylvania Code ~ 4007.1, for her cause of action against Defendants Steven W.
Hayes and Premier Distributing, Inc., in seeking a Court Order to secure depositions and
documents in Pennsylvania for use in proceedings pending in Missouri, states the following:
1. Plaintiff is a resident of Carrollton, Carroll County, Missouri, and is the surviving spouse
of Earl L. Hawkins, deceased.
2. Gallagher Bassett Services, Inc., is a Delaware corporation operating as a multi-line
property/casualty third-party insurance broker.
3. Gallagher Bassett Services, Inc., maintains an office for business at the following address:
8 Flowers Drive, Mechanicsburg, PA 17055.
4. The suit captioned above is pending in the State of Missouri and is premised on the
following:
a. Prior to January 6, 2004, Defendant Premier Distributing, Inc. leased a 2000
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PAST 42 Pa.C.S.A. s 5326
Page 1 of 5
42 Pa.C.S.A. ~ 5326
Purdon's Pennsylvania Statutes and Consolidated Statutes Annotated Currentness
Purdon's Pennsylvania Consolidated Statutes Annotated
Title 42. Judiciary and Judicial Procedure (Refs & Annos)
Part VI. Actions, Proceedings and Other Matters Generally
"'I Chapter 53. Bases of Jurisdiction and Interstate and International Procedure (Refs & Annos)
"'I Subchapter B. Interstate and International Procedure (Refs & Annos)
..~ 5326. Assistance to tribunals and litigants outside this Commonwealth with
respect to depositions
(a) General rule.--A court of record of this Commonwealth may order a person who is domiciled or is
found within this Commonwealth to give his testimony or statement or to produce documents or other
things for use in a matter pending in a tribunal outside this Commonwealth. The order may be made
upon the application of any interested person or in response to a letter rogatory and may prescribe the
practice and procedure, which may be wholly or in part the practice and procedure of the tribunal
outside this Commonwealth, for taking the testimony or statement or producing the documents or
other things. To the extent that the order does not prescribe otherwise, the practice and procedure
shall be in accordance with that of the court of this Commonwealth Issuing the order. The order may
direct that the testimony or statement be given, or document or other thing produced, before a person
appointed by the court. The person appointed shall have power to administer any necessary oath.
(b) Voluntary compliance.--A person within this Commonwealth may voluntarily give his testimony
or statement or produce documents or other things for use in a matter before a tribunal outside this
Commonwealth.
CREDIT(S)
1976, July 9, P.L. 586, No. 142, ~ 2, effective June 27, 1978.
RULES OF CIVIL PROCEDURE
<Under Pa.R.C.P. No. 4023(2), this section is not deemed suspended or affected by Rules 4001
et seq" relating to depositions and discovery.>
HISTORICAL AND STATUTORY NOTES
2004 Main Volume
Official Source Note:
Derived from act of May 5, 1921 (P.L. 374) (No. 175) (28 P.S. !;i~ 31 to 33). Patterned after Uniform
Interstate and International Procedure Act, ~ 3.02.
Prior Laws:
1921, May 5, P.L. 374, No. 175, ~~ 1 to 3 (28 P.S. ~~ 31 to 331.
1860, March 29, P.L. 341, ~ 1 (17 P.S. ~ 1771).
1833, April 8, P.L. 305, ~~ 18 to 21 (28 P.S. ~~ 355 to 358).
UBRARY REFERENCES
2004 Main Volume
Pretrial Procedure <?154.
~ttp:/ /web2. westlaw.comlresult/documenttext.aspx?n= 1 &sv=Split&fu=_ top&cfid= 1 &cit... 12/29/2004
Pa.R.C.P. No. 4007.1
Purdon's Pennsylvania Statutes and Consolidated Statutes Annotated Currentness
Purdon's Pennsylvania Consolidated Statutes Annotated
Pennsylvania Rules of Civil Procedure (Refs & Annos)
"1IDepositions and Discovery (Refs & Annos)
"Rule 4007.1. Procedure in Deposition By Oral Examination
(a) A party desiring to take the deposition of any person upon oral examination shall
give reasonable notice in writing to every other party to the action I except that no
notice need be given a defendant who was served by publication and has not appeared
in the action. A party noticed to be deposed shall be required to appear without
subpoena.
(b) The notice shall conform with the requirements of subdivision (c) of this Rule and of
Rule 4007.2(b) and (c) where appropriate and shall state the time and place of taking
the deposition and the name and address of each person to be examined if known, and,
if the name is not known, a general description sufficient to identify the deponent or the
particular class or group to which the deponent belongs.
Note: The court upon cause shown may make a protective order with resp,ect to the time and place of taking
the deposition. See Rule 4012.
(c) The purpose of the deposition and matters to be inquire!d into need not be stated in
the notice unless the action has been commenced by writ (If summons and the plaintiff
desires to take the deposition of any person upon oral examination for the purpose of
preparing a complaint. In such case the notice shall include! a brief statement of the
nature of the cause of action and of the matters to be inquired into.
(d)(l) If the person to be examined is a party, the notice may include a request made
in compliance with Rule 4009.1 et seq, for the production of documents and tangible
things at the taking of the deposition.
(2) If the person to be examined is not a party, and is to bl~ served with a subpoena
duces tecum to produce designated materials, the notice shall specify the materials to
be produced. The materials shall be produced at the deposition and not earlier, except
upon the consent of all parties to the action.
(e) A party may in the notice and in a subpoena, if issued, name as the deponent a
public or private corporation or a partnership or association or governmental agency
and describe with reasonable particularity the matters to bE! inquired into and the
materials to be produced. In that event, the organization so named shall serve a
designation of one or more officers, directors, or managing agents, or other persons
who consent to testify on its behalf, and may set forth, for leach person designated the
matters on which each person will testify. A subpoena shall advise a non-party
organization of its duty to make such a designation. The person or persons so
designated shall testify as to matters known or reasonably available to the
.
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-06396 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HAWKINS MARY E SURV SPOUSE OF
VS
HAYES STEVEN W ET AL
JASON VIORAL
I Sheriff or Deputy Sheriff of
Cumberland CountylPennsylvania, who being duly sworn according to law,
says, the within SUBPOENA
was served upon
MUMMA DIANA
the
WITNESS
, at 1500:00 HOURS, on the 5th day of January
2005
at 8 FLOWERS DRIVE
MECHANICSBURGr PA 17055
by handing to
DIANA MUMMA
a true and attested copy of SUBPOENA
together with
and at the same time directing Her attention to the contents thereof.
sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.66
.00
10.00
.00
34.66
So Answers:
.~g~::V4$f<~
R. Thomas Kline
me this
IC/
~ l.J---'
day of
01/06/2005
LANGDON & EMISON
By, q~
C7Y Sheriff
Sworn and Subscribed to before
~ j[1 4<<.' -<.u y 9-iJ-o .: A. D .
-/ ...
( fw'"' (J. 'm..ifu.- ~
I. rothonotary ,
.....
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-06396 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HAWKINS MARY E SURV SPOUSE OF
VS
HAYES STEVEN W ET AL
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according to law,
says, the within SUBPOENA
was served upon
DUCOMBS RICHARD
the
WITNESS
at 1500:00 HOURS, on the 5th day of January , 2005
at 8 FLOWERS DRIVE
MECHANICSBURG, PA 17055
by handing to
RICHARD DUCOMBS
a true and attested copy of SUBPOENA
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
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R. Thomas Kline
A.D.
01/06/2005
LANGDON & EMISON
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\----/
By:
Sworn and Subscribed to before
me this ..J. '1' {:? day of