HomeMy WebLinkAbout05-5778
, . .
IN THE CIRCUIT COURT OF MONROE COUNTY, ALABAMA
Monroeville Aviation & Avionics
Center, Inc., and Tim Tirey,
*
*
Plaintiffs,
*
*
()s- S:77[> G~lL 't-0L~
Case Number CV-04-130
v.
*
*
Penn Tank Lines, Inc.; David K.
Leggett; et. aI.,
*
*
*
Defendants.
*
LETTERS ROGATORY
To the appropriate authority for the County of CUMBERLAND, State of
Pennsylvania:
In the Circuit court of Monroe County, Alabama, there is pending an action
bearing the above caption, and it appears to this court that the just determination of the
issues therein presented require the issuance of a Subpoena to Chuck Viaculius, Gallagher
Bassett Services, 8 Flowers Drive, Mechanicsburg, P A 17050,
This Court is ready and willing to extend the same courtesies in a similar case
when required,
Thus, done and signed in Chambers in County of Monroe, State of Alabama, on
the ~ day of October, 2005,
~~
SAMUEL R WELCH, Circuit Judge
Monroe County, Alabama
h E\';\',\lI'lEO GUP:'
of thil original Gn fne
in my office
JOHN ~,1. SAWYER
Oer!\ c1 C:;i.:-':
IN THE CIRCUIT COURT OF MONROE COUNTy,.ABAMA
WITNESS REQUEST
AND ORDER TO APPEAR (SUBPOENA)
CV CASE NUMBER
CASE NO. 04.130 (Judge Welch)
Monroeville Aviation & Avionics Center, Inc.,
et ai,
Plaintiff,
Type service requested
Personal XX Mail_
vs
Penn Tank lines, Inc., et ai,
Defendant
The clerk is requested to.. e an appear (subpoena) for the following witneSr)'teG n
behalf of .1: V
XX (Plaintiff)_( efendant)
ILLlNGIM(FIL002) Requester 251/432-0612
Phillip J. Sanchez, IV
OCT 1 n ZOOS
Name & Address Sheriff's Return ("!FRK Of
Chuck Vaiciulis, Adjuster M PS LR NF Date Served
(iallaghcr Bassett Services Served By
R Flowers Drive
Mechanicsburi!, PA 17050
Duces Tecum:
Any and all documents that relate in any' way to the fuel
mishap that occurred at Monrocville Aviation, in
MonrocvilJc, Alabama on April 27,2004. including hut
not limited to allY documents that exhibit. relate, and/or
refer in any way' to correspondence and/or
communications between you or anyone on your behalf
and Penn Tank I.illes, any representative and/or
employee of Penn Tank Lines. Beville May, Ray Wood_
Carcy Payne. Pat Moyle. Jack McSherry, Tim Norris,
Tim Tirey, !Iadcn Tirey_ Andrew Bailey, Dana Odom.
Monroeville Aviation, any employee and/or
representative or Monrocville Aviation, pilots and/or
owners oraircran who sustained damage as a result of
contaminated fuel. representatives of AvFucl
Corporation. and/or representatives of Shell Oil
Cnlnpany.
JOHN M. SAWYER
COURT
M Mailed First Class
LR' Left at Residence
PS. Personal Service
NF No! Found
TO THE WITNESS You are ORDERED TO APPEAR at the place, date and time specified below to
testify in the above case. This order is subject to all Judicial enforcement and sanclion.
DATE: Friday, November 18,2005
TIME: 1;00 p.m (or immediately following deposition of Beville May)
PLACE Fairfield Inn
ADDRESS 5 N. Pottstown, Exton, PA 19341
TO ANY SHERIFF OF ALABAMA: You are ordered to serve thissubpoena.on the above named
person(s) at address given and make return in the space proviPeii // Y' '..: (
i. .) h CO,'.: ,,,,,td"~~
Date Issued Attest 0 ." Clerk
,
Circuit.Court of Monroe County, AL
-<:0\,\(+ ~p~.....
, I
IN THE ciRCUIT COURT OF MONROE COUNTY, ~~ABAMA
WITNESS REQUEST
AND ORDER TO APPEAR (SUBPOENA)
CV CASE NUMBER
CASE NO.: 04-130 (Judge Welch)
Monroeville Aviation & Avionics Center, Inc.,
et aI.,
Plaintiff,
Type service requested:
Personal XX Mail_
vs.
Penn Tank Lines, Inc., et aI.,
Defendant
The clerk is requested to . an r appear (subpoena) for the following witnesr1teGf)
behalf of: .1:
XX (Plaintiff)_( efendant)
. ILLlNGtM(FIL002) Requester 251/432-0612
Phillip J. Sanchez, IV
OCT 1 9 Z005
JOHN M. SAW,(~R
f COURT
Name & Address Sheriffs Return RKO
Chuck Vaiciulis, Adjuster M PS LR NF Date Served
Gallagher Bassett Services Served By
8 Flowers Drive
Mechanicsburo, PA 17050
Duces Tecum:
Any and all documents that relate in any way to the fuel
mishap that occurred at Monroeville Aviation, in
Monroeville, Alabama on April 27, 2004, including but
not limited to any documents that exhibit, relate, and/or
refer in any way to correspondence and/or
communications between you or anyone on your behalf
and Penn Tank Lines, any representative and/or
employee of Penn Tank Lines, Beville May, Ray Wood,
Carey Payne, Pat Moyle, Jack McSherry, Tim Norris,
Tim Tirey, Haden Tirey, Andrew t3aitey, Dana Odom,
Monroeville Aviation, any emptoyee and/or
representative of Monroeville Aviation, pilots and/or
owners of aircraft who sustained damage as a result of
contaminated fuel, representatives of AvFuel
Corporation, and/or representatives of Shell Oil
Company.
M: Mailed First Crass
LR: Left at Residence
PS: Personal Service
NF: Not Found
TO THE WITNESS: You are ORDERED TO APPEAR at the place, date and time specified below to
testify in the above case. This order is subject to all judicial enforcement and sanction.
DATE: Friday, November 18, 2005
TIME: 1 :00 p.m. (or immediately following deposition of Beville May)
PLACE: Fairfield Inn
ADDRESS: 5 N. Pottstown, Exton, PA 19341
TO ANY SHERIFF OF ALABAMA: You are ordered to serve this subpoena onthe above named
person(s) at address given and make return in the space provided. ,.
"'- ~
", ~t1J~4.Jt</'rF~~",
Date Issued
Attest: Clerk
Circuit Court of Monroe County, AL
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I NO V 0 !l ZOOS
IN THE CIRCUIT COURT OF MONROE COUNTY, ALA~~_ fI~~=~_~_
Monroeville Aviation & Avionics
Center, Inc., and Tim Tirey,
*
*
*
C
Of; - !/1'lt C~LL TElL,,!
Case Number CV-04-130
Plaintiffs,
*
v.
*
*
Penn Tank Lines, Inc.; David K.
Leggett, et. aI.,
*
*
*
Defendants.
*
ORDER
This matter came before the Court on Plaintiffs' Subpoena to Chuck Viaculius of
Gallagher Bassett Services, and Motion for Issuance of Letters Rogatory and/or Order
Allowing Issuance of Out of State Subpoena. Having considered the motion and
determining that the same is meritorious, it is hereby ORDERED, ADJUDGED and
DECREED that the Subpoena be taken in accordance with the terms of the subpoena
issued contemporaneously herewith,
Done this the
ItJ~ day of
~ve." ,....
.2005.
JUDGE . THE COURT OF COMMON PLEAS
CUM RLAND COUNTY. . PENNSYLVANIA
J
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Johnson. Duffie, Stewart & Weidner
By: John A. Statler
I.D, No. 43812
301 Market Street
p, O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jas@jdsw,com
Attorneys for Charles Vaiciulis
MONROEVILLE AVIATION &
AVIONICS CENTER, INC.,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
PENN TANK LINES, INC, AND
DAVID LEGGETT
NO. 05-5778
Defendants
MOTION TO QUASH NOTICE OF SUBPOENA DUCES TECUM ATTACHED
TO THE AMENDED NOTICE OF VIDEO-TAPED DEPOSITION DUCES TECUM
AND NOW, comes Charles Vaiciulis, by and through his attorneys, Johnson,
Duffie, Stewart & Weidner, PC, and files this Motion to Quash the Notice of Subpoena
Duces Tecum attached to an Amended Notice of Video-taped Deposition Duces Tecum
seeking the production of documents at the Noticed Video-taped Deposition, and avers
in support of this Motion as follows:
1. The Plaintiffs, Monroeville Aviation & Avionics Center, Inc. and Tim Tirey,
filed a civil action in the Circuit Court of Monroe County, Alabama and are represented
in that action by Gary W. Fillingim, Esquire, of the law firm Burns, Cunningham, Mackey
& Fillingim, P.C., 50 Sl. Emanuel Street, P,O. Box 1583, Mobile, AL 36653,
2, On or about October 28, 2005, Attorney Fillingim first served a Notice of
Deposition Duces Tecum of Charles Vaiciulis on Christina May Bolin, Esquire, counsel
for the Defendant, Penn Truck Lines, Inc,
3. Thereafter, on or about November 14, 2005, Attorney Bolin was served
with an Amended Notice of Video-taped Deposition Duces Tecum with an attached
Subpoena Duces Tecum. A copy of the proposed Amended Notice of Video-taped
Deposition Duces Tecum is attached as Exhibit A
4. Plaintiff, Monroeville Aviation & Avionics Center, Inc" filed with this
Honorable Court a Petition for Letters Rogatory for the purpose of issuing a subpoena
to serve the Amended Notice of Video-taped Deposition Duces Tecum of Charles
Vaiciulis
5. The Amended Notice of Video-taped Deposition Duces Tecum seeks to
compel Mr. Vaiciulis' attendance for the deposition on November 18, 2005 at 1 :00 p.m.
at the Fairfield Inn Exton, 5 N, Pottstown Pike, Exton, Chester County, PA 19341.
6, The proposed Deponent, Charles Vaiciulis, was notified of the Plaintiffs'
desire to depose him by Attorney Bolin's office.
7. Mr. Vaiciulis currently resides at 259 Manheim Street, Mount Joy,
Pennsylvania 17552.
8. The Subpoena Duces Tecum attached to the Amended Notice of Video-
taped Deposition Duces Tecum seeks to compel Mr. Vaiciulis to bring with him to the
deposition the following:
Any and all documents that relate in any way to the
fuel mishap that occurred at Monroeville Aviation, in
Monroeville, Alabama on April 27, 2004, including but not
limited to any documents that exhibit, relate, and/or refer in
any way to correspondence or communications between you
or anyone on your behalf and Penn Tank Lines, Beville May,
Ray Wood, Carey Payne, Pat Moyle, Jack McSherry, Tim
Norris, Tim Tirey, Haden Tirey, Andrew Bailey, Dana Odom,
Monroeville Aviation, any employee and/or representative of
Monroeville Aviation, pilots and/or owners of aircraft who
sustained damage as a result of contaminated fuel,
representatives of AvFuel Corporation, and/or
representatives of Shell Oil Company,
9. Charles Vaiciulis seeks to quash the proposed Subpoena Duces Tecum
attached to the Amended Notice of Video-taped Deposition Duces Tecum on the
following grounds:
a. The proposed Subpoena Duces Tecum attached to the Amended
Notice of Video-taped Deposition Duces Tecum fails to comply with the
Pennsylvania Rules of Civil Procedure, specifically Pa.R.C.P. 234.1, in that it is
not an order of a court possessing jurisdiction within the Commonwealth of
Pennsylvania where Mr. Vaiciulis resides,
b. Mr. Vaiciulis has not been served with the Subpoena Duces Tecum
attached to the Amended Notice of Video-taped Deposition Duces Tecum by a
court possessing jurisdiction within the Commonwealth of Pennsylvania in any
manner consistent with the Pennsylvania Rules of Civil Procedure, specifically
Pa,R.C,P.234.2.
c. The proposed Subpoena Duces Tecum attached to the Amended
Notice of Video-taped Deposition Duces Tecum is overly broad, burdensome and
oppressive in that the documents sought to be compelled fail to comply with the
scope of what may be required to be produced under Pa.R.C,P, 234.1.
d. The proposed Subpoena Duces Tecum attached to the Amended
Notice of Video-taped Deposition Duces Tecum is overly broad, burdensome and
oppressive in that the documents sought to be compelled fail to comply with
Pa.RC.P, 4003,3 in that they seek to compel the production of documents that
contain impressions, conclusions and/or opinions relating to the value of the
claim, merit of the claim or strategy of tactics of the Defendants' attorneys and
representatives.
10. Pa.RC.P. 234.1 allows a party to require the production of documents that
are solely "under the possession, custody or control of that person." Pa.RC.P.
234.1 (a),
11. The scope of the proposed Subpoena Duces Tecum attached to the
Amended Notice of Video-taped Deposition Duces Tecum does not comply with the
requirements of Pa,RC.P. 234.1.
12. Without waiving the objections presented in the instant Motion, Mr.
Vaiciulis is prepared to attend the deposition pursuant to the proposed Amended Notice
of Video-taped Deposition Duces Tecum and bring with him those documents that are
under his possession, custody and control and are not subject to the protection of a
privilege recognized by both the Courts of this Commonwealth and the State of
Alabama,
13. In that regard, attached as Exhibit B is a Privilege Log prepared by the
undersigned identifying those documents believed to be subject to a recognized
privilege that are under the possession, custody and control of Mr. Vaiciulis.
14. Mr. Vaiciulis is also willing to submit the documents cited in the Privilege
Log for in camera review by this Honorable Court if desired.
WHEREFORE, Charles Vaiciulis, by and through its attorneys, moves this
Honorable Court to quash the proposed Subpoena Duces Tecum attached to the
Amended Notice of Video-taped Deposition Duces Tecum seeking Mr. Vaiciulis'
production of documents at a deposition in the above captioned case, or, in the
alternative, if the Plaintiffs are able to obtain proper authority and service pursuant to
the Pennsylvania Rules of Civil Procedure and statutory law, limit the scope of the
proposed Subpoena Duces Tecum attached to the Amended Notice of Video-taped
Deposition Duces Tecum to solely those documents under his possession, custody and
control and are not subject to the protection of a privilege recognized by both the Courts
of this Commonwealth and the State of Alabama.
Respectfully submitted,
~~Q
By: \
John A Sa, ire
Attorney LD, No. 43812
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Charles Vaiciulis
DUFFIE, STEWART & WEIDNER
EXHIBIT A
11/14/2005 MON 16:42 FAX
I4J 0021012
IN THE CIRCUIT COURT OF MONROE COUNTY, ALABAMA
Monroeville Aviation & Avionics
Center, Inc., and Tim Tirey,
*
*
*
Plaintiffs,
*
v.
*
Case Number CV-04-130
*
Penn Tank Lines, Inc.; David K. Leggett; *
et. al., *
*
Defendants.
*
AMENDED NOTICE OF VIDEO-TAPED DEPOSITION DUCES TECUM
TO:
Christina May Bolin, Esq.
Alford, Clausen & McDonald, LLC
One St. Louis Ccntre, Suite 5000
Mobile, AL 36602
Hcnderson & Associates
Via Fax: 251/694-7930
DATE:
November 18, 2005
TIME:
1 :00 p.m. (or immediately following the deposition of Beville May)
DEPONENT:
Chuck Vaiciulis
LOCATION:
Fairfield Inn Exton
5 N. Pottstown Pike
Exton, P A 19341
Please take notice that the Plaintiffs at the time, date and location indicated above, will
take the deposition of Chuck Vaiciulis pursuant to the Alabama Rules afCivil Procedure, upon
oral examination beforc an official duly authorized to take depositions and swear witncsses in
said County in said State, for the purpose of discovery or for use as evidcnce in this cause, or for
both purposes.
In compliance with Rule 30(b)(4) of the Alabama Rules ofCivi] Procedure, counsel for
Plaintiffs states that the videotaping of said deposition wiJl be at the their expense (except to thc
-1-
11/14/2005 MON 16:42 FAX
1@003/012
extent thaI Defendants' counsel desire to purchase a copy of the stenographic and/or videotape
recording) and that a videotape of said testimony is necessary and desirable for the following
reasons, among others:
I, The video recording of a deposition presents a much more precise and accurate
reflection of this very important witness's testimony,
2. The video recording ofthis deposition will be extremely helpful to the jury in
judging the credibility, demeanor, and responsiveness to counsel's questions
which will likely be used at trial for impeachment and/or other purposes, The
witnesses response to "hard"questions asked for the first time in the deposition
will be captured via a video clip which will reflect a much more accurate
representation of the witness's response than a stenographic transcript alonc,
3, The use of video clips for impeachment and/or other purposes would also take
less time, (Counsel expects to use video clips to do this via a trial presentation
program),
4. Henderson & Associates, the firm that will be responsible for alTanging for
recording the deposition stenographically and on video, is a knowledgeable and
well-respected firm who has been in business for years and is very capable of
ensuring the fairness and accuracy of the process. Nonetheless, Plaintiff states
that to the extent practicable, the dcposition will be conducted in a neutral setting,
against an appropriate background, with only such lighting as is required for
accurate video recording, Lighting, camera angle, Icns setting, and field of view
will be changed only as necessary to record accurately the natural body
-2-
11/14/2005 MON 16:42 FAX
@004/012
movements of the witness or to portray exhibits and materials used during the
deposition, Unless circumstances require otherwise, the camera angle will be level
with the witness's head. Sound levels will be altered only as necessary to record
satisfactorily the voices of counsel and the witness, Eating or smoking or other
use of tobacco products by witnesses or counsel during the deposition will not be
permitted. He witness will be allowed to take appropriate breaks and each witness,
attorney, and other person attending thc deposition will bc identified on camera at
the beginning of the deposition,
This oral examination will continue from day to day until complete and you are invited to
attend and cross-examine.
DUCES TECUM
1. Any and all documents that relate in any way to the fuel mishap that occurred at
Monrocville Aviation, in Monroeville, Alabama on April 27, 2004, including but not limitcd to
any documents that exhibit, relate, and/or refer in any way to corrcspondence and/or
communications between you or anyone on your behalf and Penn Tank Lincs, any rcprcsentative
and/or employee of Penn Tank Lines, Beville May, Ray Wood, Carey Payne, Pat Moyle, Jack
McSherry, Tim Norris, Tim Tirey, Haden Tirey, Andrew Bailey, Dana Odom, Monrocville
Aviation, any employee and/or representative of Monroevillc Aviation, pilots and/or ownCrs of
aircraft who sustained damage as a rcsult of contaminatcd fuel, representatives of A vFuel
Corporation, and/or representatives of Shell Oil Company.
-3-
11/14/2005 MON 16:43 FAX
1@005/012
Respectfully submitted,
!L( i4, VYI -.J j
OF COUNSEL:
BURNS, CUNNINGHAM, MACKEY
& FILLINGIM, P.c.
50 St. Emanuel Street
Post Office Box 1583
Mobile, Alabama 36653
TeL: 251/432-0612
Fax: 251/432-0625
-4-
11/14/2005 MON 16:43 FAX
I4J 006/012
IN THE CIRCUIT COURT OF MONROE COUNTY, ALABAMA
Monroeville Aviation & Avionics *
Center, lne., and Tim Tirey,
*
*
Plain tiffs,
*
v.
*
Case Number CY-04-130
*
I'enn Tank Lines, lnc.; David K.
Leggett, ct. aI.,
*
*
*
Defendants.
*
CERTlFICA TE OF SERVlCE
1 hereby cel1ify that I have on this date served counsel for all pal1ics to this action with a
copy of the following material, to-wit:
Amended Noticc ofYideo-Tape Deposition Duces Tecum of Chuck Yaiciulis
via facsimile and by depositing a copy of the same in the United States mail, properly addressed
with postage thereon pre-paid, or by hand delivery to the regular business office of said counseL
This the II'" day of November, 2005,
,A~~~~i;~~) ~ Yil/J1~
GARY W FILLINGIM ()
Attorney at Law
Helen Johnson Alford, Esq.
Christina May Bolin, Esq.
Alford, Clausen & McDonald, LLC
One SI, Louis Centre, Suite 5000
Mobile, Alabama 36602
Robert H. Smith, Esq,
Galloway, Smith, Wettermark & Everest, LLP
1',0. Box 16629
Mobile, Alabama 36616
-5-
1i5)~~~O~~ n
If\l NOY 1 4 2005 U
EXHIBIT B
, .
Privilege Log
Monroeville Aviation, et al v, Penn Tank Lines, Inc., et al
Identity of
# of
Basis of
Document Author(s) Pages Privilege
1 4/11/05 Defense Counsel Two (2) ALRC.P. 26(b)(3); Pa
Correspondence RC.P. 4003.3 - Contains
between Defense impressions, conclusions
Counsel and and/or opinions respecting
Defendant's Staff value, merit of claim of
Counsel strategy of tactics
2 4/11-13/05 Email Deponent, Defense Two (2) ALRC.P. 26(b)(3); Pa
exchange between counsel and RCP. 4003.3 - Contains
Deponent, Defense Defendant's counsel impressions, conclusions
counsel and and/or opinions respecting
Defendant's Staff value, merit of claim of
counsel strategy of tactics
3 4/12-13/05 Email Deponent and One (1) ALRC.P. 26(b)(3); Pa
exchange between Defense counsel R.C.P, 4003.3 - Contains
Deponent and impressions, conclusions
Defense counsel and/or opinions respecting
value, merit of claim of
strategy of tactics
4 4/12/05 Defense counsel Two (2) ALRC.P. 26(b)(3); Pa
Correspondence RC.P. 4003.3 - Contains
between Deponent impressions, conclusions
and Defense counsel and/or opinions respecting
value, merit of claim of
strategy of tactics
5 3/30/05 Defense counsel Two (2) A1.RC.P. 26(b)(3); Pa
Correspondence RCP, 4003.3 - Contains
between Defense impressions, conclusions
Counsel and and/or opinions respecting
Defendant's Staff value, merit of claim of
Counsel strategy of tactics
6 3/30/05 Email Defense counsel and Two (2) ALRC.P. 26(b)(3); Pa
exchange between Defendant's Staff RC.P. 4003.3 - Contains
Defense counsel and Counsel impressions, conclusions
Defendant's Staff and/or opinions respecting
Counsel value, merit of claim of
strategy of tactics
, .
7 3/30/05 Defense counsel Two (2) ALRC.P. 26(b)(3); Pa
Correspondence RCP. 4003.3 - Contains
between Defense impressions, conclusions
Counsel and and/or opinions respecting
Defendant's Staff value, merit of claim of
Counsel strategy of tactics
8 1/03/05 Internal office Defendant's Staff One (1) AI.RC.P. 26(b)(3); Pa
Email of Defendant's Counsel RC.P. 4003,3 - Contains
Staff Counsel impressions, conclusions
and/or opinions respecting
value, merit of claim of
strategy of tactics
9 12/17 & 21/04 Email Deponent and Two (2) AI.R.C.P. 26(b)(3); Pa
exchange between Defendant's Staff RC.P. 4003.3 - Contains
Deponent and counsel impressions, conclusions
Defendant's Staff and/or opinions respecting
counsel value, merit of claim of
strategy of tactics
10 12/21-22/04 Email Defense counsel and Three (3) ALR.C,P. 26(b)(3); Pa
exchange between Defendant's Staff R.C.P. 4003.3 - Contains
Defense counsel and counsel impressions, conclusions
Defendant's Staff and/or opinions respecting
counsel value, merit of claim of
strategy of tactics
11 12/21/04 Email Defendant's Staff One (1) AI.RC.P. 26(b)(3); Pa
between Defense counsel RC.P. 4003.3 - Contains
counsel and impressions, conclusions
Defendant's Staff and/or opinions respecting
counsel value, merit of claim of
strategy of tactics
12 12/17-21/04 Email Deponent and Two (2) ALRC.P. 26(b)(3); Pa
exchange between Defendant's Staff RC.P. 4003.3 - Contains
Deponent and counsel impressions, conclusions
Defendant's Staff and/or opinions respecting
counsel value, merit of claim of
strategy of tactics
13 12/21/04 Email Defendant's Staff One (1) ALR.C.P. 26(b)(3); Pa
between Deponent counsel R.C.P, 4003.3 - Contains
and Defendant's Staff impressions, conclusions
counsel and/or opinions respecting
value, merit of claim of
strategy of tactics
14 12/13/04 Email Deponent and Three (3) ALRC.P. 26(b)(3); Pa
exchange between Defendant's Staff RC.P. 4003.3 - Contains
Deponent and counsel impressions, conclusions
Defendant's Staff and/or opinions respecting
counsel value, merit of claim of
strategy of tactics
. .
15 11/11/04 Email Deponent and Two (2) ALRCP. 26(b)(3); Pa
exchange between Defendant's Staff RCP. 4003.3 - Contains
Deponent and counsel impressions, conclusions
Defendant's Staff and/or opinions respecting
counsel value, merit of claim of
strategy of tactics
16 9/23-24/04 Email Deponent, Five (5) ALR.C,P. 26(b)(3); Pa
exchange between Defendant's R.C.P. 4003.3 - Contains
Deponent, representatives and impressions, conclusions
Defendant's Defendant's Staff and/or opinions respecting
representatives and counsel value, merit of claim of
Defendant's Staff strategy of tactics
counsel
17 8/11-12/04 Email Deponent and Three (3) ALRC.P, 26(b)(3); Pa
exchange between Defendant's Staff RCP. 4003.3 - Contains
Deponent and counsel impressions, conclusions
Defendant's Staff and/or opinions respecting
counsel value, merit of claim of
strategy of tactics
18 6/25/04 Email Defendant's Staff One (1) ALRC.P. 26(b)(3); Pa
between Deponent counsel RC.P. 4003,3 - Contains
and Defendant's Staff impressions, conclusions
counsel and/or opinions respecting
value, merit of claim of
strategy of tactics
19 6/23/04 Email Defendant's Three (3) ALRC.P. 26(b)(3); Pa
exchange between representatives and RC.P. 4003.3 - Contains
Defendant's Defendant's Staff impressions, conclusions
representatives and counsel and/or opinions respecting
Defendant's Staff value, merit of claim of
counsel strategy of tactics
20 6/22/04 Email Deponent and One (1) ALR.C.P 26(b)(3); Pa
exchange between Defendant's Staff R.C.P. 4003.3 - Contains
Defendant's counsel impressions, conclusions
representatives and and/or opinions respecting
Defendant's Staff value, merit of claim of
counsel strategy of tactics
21 6/22/04 Email Defendant's Staff One (1) ALRC.P. 26(b)(3); Pa
between Deponent counsel RCP. 4003.3 - Contains
and Defendant's Staff impressions, conclusions
counsel and/or opinions respecting
value, merit of claim of
strategy of tactics
22 6/21/04 Email Deponent and One (1) ALRC.P. 26(b)(3); Pa
exchange between Defendant's Staff RCP. 4003.3 - Contains
Deponent and counsel impressions, conclusions
Defendant's Staff and/or opinions respecting
counsel value, merit of claim of
. ,
strategy of tactics
23 6/16/04 Email Defendant's Staff Two (2) AI.R.C.P, 26(b)(3); Pa
between Deponent counsel RC.P. 4003.3 - Contains
and Defendant's Staff impressions, conclusions
counsel and/or opinions respecting
value, merit of claim of
strategy of tactics
24 6/9/04 Email Defendant's Staff One(1) AI.RC,P. 26(b)(3); Pa
exchange between counsel and RC.P. 4003.3 - Contains
Defendant's Staff Defendant's impressions, conclusions
counsel and representatives and/or opinions respecting
Defendant's value, merit of claim of
representatives strategy of tactics
25 6/02-08/04 Email Defendant's Staff Two (2) AlRC.P. 26(b)(3); Pa
exchange between counsel and RC,P, 4003.3 - Contains
Defendant's Staff Defendant's impressions, conclusions
counsel and representatives and/or opinions respecting
Defendant's value, merit of claim of
representatives strategy of tactics
26 4/11-13/04 Email Deponent, Defense Two (2) AlRC.P. 26(b)(3); Pa
exchange between counsel and RC,P. 4003.3 - Contains
Deponent, Defense Defendant's Staff impressions, conclusions
counsel and counsel and/or opinions respecting
Defendant's Staff value, merit of claim of
counsel strategy of tactics
:262810
. .
CERTIFICA TE OF SERVICE
AND NOW, this ,)!J day of November, 2005, the undersigned does hereby certify
that he did this date serve a copy of the foregoing Motion to Quash the Subpoena Duces
Tecum attached to the Amended Notice of Video-taped Deposition Duces Tecum upon
Gary W. Fillingim, Esq. (gwfillingim@bcmlawyers,com) and Helen Johnson Alford, Esq,
(hja@alfordclausen.com) via electronic mail and all parties of record by causing same to
be sent to deposited in the United States Mail, first class postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
Gary W Fillingim, Esq.
Burns, Cunningham, Mackey & Fillingim, PC
50 Saint Emanuel Street
PO Box 1583
Mobile, AL 36633
Helen Johnson Alford, Esq,
Alford, Clausen & McDonald, LLC
One St Louis Centre, Suite 5000
Mobile, AL 36602
Robert H. Smith, Esq.
Galloway, Smith, Wettermark & Everest, LLP
PO Box 16629
Mobile, AL 36616
JO~SOt DUFFIE, ST WART & WEIDNER
By: \
John A. Sta Iel';Esq\,(
Attorney I.D. No. 43812
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05778 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MONROEVILLE AVIATION & AVIONIC
VS
PENN TANK LINES INC ET AL
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within SUBPOENA, ORDER
was served upon
VIACULIUS CHUCK
the
WITNESS
at 1432:00 HOURS, on the 15th day of November, 2005
at GALLAGHER BASSETT SERVICES
8 FLOWERS DRIVE
MECHANICSBURG, PA 17050
by handing to
CHUCK VIACULIUS
a true and attested copy of SUBPOENA, ORDER
together with
LETTERS ROGATORY
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
So Answers:
18.00
9.60
.37
10.00
.00
37.97
r-~~
R. Thomas Kline
Sworn and Subscribed to before
11/16/2005
RYAN BROWN MCDONNELL BERGER GI
By: /?-- Y2 -
, Deputy Sheriff
me this ,,/.2.......J... day of
~~A.D.
Johnson. Duffie, Stewart & Weidner
By: John A Statler
ID. No. 43812
Wade D. Manley
ID. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jas@jdsw,com
Attorneys for Charles Vaiciulis
MONROEVILLE AVIATION
AVIONICS CENTER, INC.,
Plaintiffs
&
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
PENN TANK LINES, INC. AND
DAVID LEGGETT
NO. 05-5778
Defendants
PRAECIPE TO WITHDRAW THE MOTION TO QUASH
NOTICE OF SUBPOENA DUCES TECUM
TO PROTHONOTARY:
Please withdraw the Motion to Quash the Notice of Subpoena Duces Tecum attached to
~
an Amended Notice of Video-taped Deposition Duces Tecum filed by Charles Vaiciulis in the
above referenced matter.
Respectfully subrnitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
w,,).. "1).
John A St Ie, E quire
Attorney I.D. N . 3812
Wade D. Manle
1.0. No. 87244
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Charles Vaiciulis
CERTIFICA TE OF SERVICE
AND NOW, this ;r]! day of December, 2005, the undersigned does hereby certify that he
did this date serve a copy of the foregoing Praecipe to Withdraw the Motion to Quash the
Subpoena Duces Tecum attached to the Amended Notice of Video-taped Deposition Duces
Tecum upon counsel for all parties of record by causing same to be sent to deposited in the
United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Gary W Fillingim, Esq.
Burns, Cunningham, Mackey & Fillingim, PC
50 Saint Emanuel Street
PO Box 1583
Mobile, AL 36633
Helen Johnson Alford, Esq.
Alford, Clausen & McDonald, LLC
One SI. Louis Centre, Suite 5000
Mobile, AL 36602
Robert H. Smith, Esq.
Galloway, Smith, Wettermark & Everest, LLP
PO Box 16629
Mobile, AL 36616
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Vvnt. 7).
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