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Home My WebLink About06-1349 F:\FILES\DAT AFILE\General\CurrclH\ I 1995, I ,petl Created 3/8/063:27PM Revised 3/I0/06929AM QU-JI HUANG, MENG-RONG WONG, HUNG-FUNG WONG and KIN-CHUN CHENG, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 0("" - 1349 c/~L'L ~~ HUA MEI EXPRESS, INC d/b/a HUAN QIU EXPRESS, Y AU W. CHEUNG, D.M. DOWMAN INC, and GARY L JOHNSON, Defendants PETITION FOR THE ALLOWANCE OF DEPOSITION UNDER 42 P A.C.S.A. l:l 5326 PETITIONERS, D.M. BOWMAN INC., incorrectly captioned D.M. DOWMAN INC, AND GARY L. JOHNSON, through their attorney, MARTS ON DEARDORFF WILLIAMS & OTTO, respectfully state that: I . D.M. Bowman, Inc. and Gary L Johnson are the Petitioners in the above-captioned action. 2. QU-JI Haung, Meng-Rong Wong, Hung-Fung Wong and Kin-Chun Cheng are individuals and the Plaintiffs in the above-captioned action. 3. On or about August 12, 2005, Plaintiffs filed a personal injury action against, among others, Petitioners in the Supreme Court of the State of New York, County of Kings, Index No. 25002/2005 (herein, "New York Action"). A true and correct copy of the Complaint is attached hereto as Exhibit "A." 4. The Complaint was filed as a result of a motor vehicle accident that occurred in Cumberland County, Pennsylvania, on April 11 , 2004. 5. As a result of the motor vehicle accident that occurred on 1. -81 in Cumberland County, the Pennsylvania State Police responded. 6. An individual, Corporal Jonathan L Mays ofthe Pennsylvania State Police at the Carlisle Barracks with badge number 6025, was found to be a material witness in regard to facts surrounding the motor vehicle accident. 7. Petitioners have attempted to schedule the deposition of Corp oral Mays in the state of New York, but Corporal Mays has been unwilling to attenu. 8. Therefore, on or about February 1,2006, the Honorable Ira Harkavy of the Supreme Court of the State of New York, County of Kings, signed an Order Directing Opening Commission. A true and correct copy of the Order is attached hereto as Exhibit "B." 9. The Judge ordered that a commission be issued in the New York Action to Martson DeardroffWilliams & Otto in order to obtain a subpoena for and take the oral deposition of Corporal Jonathan L Mays. 10. Petitioners request that this Court issue the appropriate Order to permit them to depose Corporal Jonathan L Mays in Cumberland County, Pennsylvania. WHEREFORE, Petitioners pray this Honorable Court to issue an Order, approving the commission issued by the Supreme Court of the State of New York, County of Kings, and that the deposition be taken of Jonathan L Mays at the offices of Martson Deardorff Williams & Otto. MARTSON DEARDORFF WILLIAMS & OTTO BYC-e~ <) ~ Christopher E. Rice Attorney J.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 LONDON FISCHER LLP 59 Maiden Lane New York, NY 10038 (212) 972-1030 Date: March 10, 2006 Attorneys for Petitioners Aug. 25. 2005 3: 55PM D M Bowman, Inc. SUPREME COURT OF T:HE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------'----------)( QI-n HUANG, MENG-RONG WONG, HUNG-FUNG WONG AND KlN-CHUN CHENG Plaintiff(s), -against- HUA MEI EXPRESS, JNC. d/b/a HUAN QW EXPRESS, Y AU W. CHEUNG, D.M. DOWMAN INC. AND GARY L. JOHNSON. Defendant(s), ---------------------)( --....-..-....----.......---.....--..--......... To the above named Defendants: No.9421 P. 3 IndeXNo.:~~~ Date Purchased: A7'/;~ I"",-or r SUMMONS iYl//~ Plaintiffs designate Kings County as the place of trial. The basis of venue is: Plaintiff s residence Plaintiifs reside at: 28 Bay 17th Street, 2 Fl Brooklyn, NY 11214 Yon are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the comf'laint is not served with this summons, to serve a notice of appearance on the Plaintift's attorney(s) within twenty days after the service oftros summons, exclusive of the day of service, where service is made by delivery upon you personally within the stale, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer,judgment will be taken against you by default for the relief demanded in the complaint. Dated: NEW YORK, NEW YORK August 11, 2005 ]AME~~# CAES & NAPOU Attorneys for Plaintiffl's) QI-n HUANG, MENG-RONG WONG, HUNG- FUNG WONG AND KIN-CIroN CHENG 350 Broadway IOlH Floor New York, New York 10013 (212) 226-2100 Our File No. B28174.JNQQ TO: HUA MEI EXPRESS, INC. d/b/a HUAN QW EXPRESS 3236 Bonita Way Buford, GA 30519 Y AU W. CHEUNG 76-33 47th Avenue Queens, NY 11373 EXHIBIT "A" 1 Aug. 25. 2005 3:55PM D ~~ Rowman, Inc. No.9421 P.4 D. M. BOWMAN INC. 10038 Governor Lane Blvd Williamsport, MD 21795 GARY L. JOHNSON 10034 Shortest Day Rd La Vale, MIl 21502 Aug. 25. 2005 3:55PM ~ I, 80 wma n, In c. No. 9421 P. 5 SuPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ...---------.---------------------------------------------------------)( Qr-JI RUANG, MENG-RONG WONG, HlTNG.FUNG WONG AND KIN.CHUN CHENG Plaintiffts}, VElUFIED COM:P~~T . Index No.: :z6iJ6f'~ Date PurChased:#~ -against- HUA MEr EXPRESS, INC. d/b/a HUAN QIU EXPRESS. Y AU W. CHEUNG, D.M. DOWMAN INC. AND GARY L. JOHNSON. Defendant(s), ----------------}C Plaintiffs, by their attorneys, CAESAR & NAPOLI, complaining of the Defendan18, respectfully allege, upon infozmation and belief: AS AND FOR A FIRST CAUSE OF ACTION ON BlHALF OF QI-JI HUANG 1. At all times herein mentioned, PlaintifIQI-H HUANG was, and still is, residents of the . County of New York, State of New York. 2. At a~ times herein mentioned, Defendant HUA MEI lXPRESS, INC. d/b/a RUAN QW EXPRESS W3.$, and still is, a corporation doing business in the State of New Yark 3. At all times herein mentioned, Defendant Y AU W. CHEUNG W3.$, and still is. a resident of the County of Queens, State of New York. 4. At all times herein mentioned, Defendant D. 1\11 BOWMAN INC. W3.$, Ill1d still is, a corporation doing business in the State of New York 5. At all times herein mentioned, Defendant HUA MEI EXPRESS, INC. d/b/a HUAN QW EXPRESS W3.$, and still is, a corporation doing business in the State of New York. 2 A~g. 25. 2085 3:550M , " B 0 wma n, Inc. No. 9421 p, 6 6. At all times herein mentioned, Defendant D. M. BOWMA."I INC. was an interstate carrier and shipper authorized to do business in the State of New York. 7. At all times herein mentiOlled, Defendant BUA MEI EXPRESS, INC. d/b/a WAN QIU EXPRESS was an interstate carrier and shipper authorized to do business in the State of New York. 8. At all times herein mentioned, DefendantD. M. BOWMAN INC. utilized the highways and roadways oflhe State of New York. 9. At all times herein mentioned. Defendant HUA MEI EXPRESS, INC. d/b/a HUAN QIU EXPRESS utilized the highways and roadways of the Slate of New York. 10. At all times herein mentioned, Defendant D. M. BOWMAN INC. derived substantial .....'. .-:.... revenue in the State of New Yorlc. 11. At all times herein mentioned, Defendant D. M. BOWMAN INC. hauled general fj'eight under the auspices of the Interstate CarriQ' Commission and subj ected itself to the jurisdiction and laws of the State of New York. 12 At all times nerein mentioned, Defendant GARY L. JOHNSON was, and still is, a resident in State ofMlIlj'land. 13 At all times hercinmentioned, Defendant BUA MEI EXPRESS, INC. d/b/a IIUAN QIU EXPRESS was the owner ofa2003 Bus motor vehicle bearing Georgia State registration numbQ' AEZ5097. 14 At all times herein mentioned, Defendant Y AU W. CHEUNG operated the aforesaid motor vehicle bearing Georgia State registration number 4EZS097. 15. At all times herein mentioned, Defendant YAU W, CHEUNG operated the aforesaid motor vehicle with the permission of Defcndant BUA MEI EXPRESS, INC. d/b/a RUAN QIU EXPRESS. 16. At all times herein mentioned, Defendant Y AU W. CHEUNG operated the aforesaid motor vehicle with the consent of Defendant HUA MEI EXPRESS, INC. dlb/a HUAN QIU EXPRESS. 17. At all times herein mentioned, Defendant Y AU W. CHEUNG operated the aforesaid motor vehicle in the scope of his employment with Defendant BUA MEI EXPRESS, INC. d/b/a RUAN QIV EXPRESS. 3 ~~g. L~. LUU~ 3:55PM D 1ft 8owman, :nc, No. 942' P 7 18. At all times herein mentioned, Defendant HUA MEI EXPRESS. INC. d/b/a HVAN QIU EXPRESS managed the aforesaid motor vehicle. 19. At all times herein mentioned, Defendant Y A V W. CHEUNG managed the aforesaid motor vehicle. 20. At all times herein mentioned, Defendant HUA MEI EXPRESS, INC. d/b/a HUAN QIU EXPRESS controlled the aforesaid motor vehicle. 21. At all times herein mentioned, Defendant Y AU W. CHEUNG contro1\cd thc aforesaid motor vehicle. 22. At all times herein mentioned. Defendant D. M. BO'WMAN INC. was the owner ofa 2004 motor vehicle bearing Maryland State registration number 429F39. 23. At all times herein mentioned, Defendant GARY L. JOHNSON operated the 2004 motor velticle bearing Maryland State registration number 429F39. 24. At all times herein mentioned, Defendant GARY L. JOHNSON operated the aforesaid motor vehicle with the knowledge of Defendilllt D. M. BOWMAN INC.. 25. At all times herein mentioned, Defendant GARY L. JOHNSON operated the aforesaid motor vehicle with the permission of Defendant D. M. BOWMAN INC.. 26. At all times hElrein mentioned, Defendant GARY L. JOHNSON operated the aforesaid motor vehicle on _ illi the roads iIlld highways of the State of New York. 27. At all times herein mentioned, Defendant GARY L. JOHNSON operated the aforesaid motor vehicle with the consent of Defendant D. M. BOWMAN INC.. 28. At all times herein mentioned. Defendant GARY L. JOHNSON operated the aforesaid motor vehicle in the course of employment and with D. M. BOWMAN INC. 29. At all times hcrcin mentioned. Defendant D. M. BOWMAN INC. managed the aforesaid motor vehicle. 30, At all times herein mentioned, Defendant GARY L. JOHNSON managed the aforesaid motor vehicle. 4 Aug. h 2005 3: 56PM D 'I Sow~an. lnc. h9421 P.8 31. At all times herein mentioned, Defendant D. M. BOWMAN INC. controlled the aforesaid motor vehicle. 32. At all times herein mentioned, Defendant GARY L. JOHNSON controlled the aforesaid motor vehicle. 33. At all times herein mentioned, PlaintiffQI-JI HUANG was a passenger in the vehicle owned by Defendant HUA Ml1:1 EXPRESS, INC. d/b/a WAN QIV EXPRESS and operated by Defendant Y AU W. CHEUNG. 34. At all times herein mentioned, North Bound J-81, Cumberland, PA., were public roadways and/or thoroughfares. 35. That on April 11, 2004, at the aformentioned location, the aforementioned motor vehicles were involved in a collision. 36. That as a result of the aforesaid contact, Plaintiff QI-JI HUANG was irUured. 37, That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the Defendants without any fault or negligence on the part of the Plaintiff contributing thereto. 38. That Defendants were negligent, careless and reckless in the ownership, operation, manageIllent, maintenance, supervision, use and control of the aforesaid vehicle and the Defendants were otherwise negligent, careless and reckless under the circumstances then and there prevailing. 39. That by reason of the foregoing, Plaintiff QI-JI HUANG sustained severe and permanent personal injuries; and Plaintiff QI-JI HUANG was otherwise damaged. 40. That Plaintiff QI-JI HUANG sustained serious injuries as defined by ~5102(d) of the Insurance Law of the State of New York. 41. ThatPlaintiffQI-JI HUANG sustained serious injuries and economic loss greater than basic economic loss as defined by ~5104 ofllie Insurance Law of the State of New York. 42. That Plaintiff QI-JI HUANG is not seeking to recover any damages for which Plaintiffhas been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimbursePlaintiff. 5 Aug. 25. 2005 3:56PM OM Bowman, Inc. No.9421 P.9 Plaintiff is seeking to recover only those damages not recoverable through no-fault insurance under the facts and circUll1stances in this action. 43. That this action falls within one or more of the exceptions set forth in CPLR ~ 1602. Including but not limited to 91602(6) & (7). 44. That by reason of the foregoing, Plaintiff QI..Jl HUANG has been damaged in a sum of money baving a present value that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this matter. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF MENG-RONG WONG 45. That at all times hereinafler mentioned, PlaintiffMENG-RONG WONG repeats, reiterates and realleges each and overy allegation contained in the First Cause of Action, together with the same force and effect as though fully set forth herein at length. 46. PlaintiffMENG-RONG WONG is the spouse of Plaintiff QI-JI HUANG and as such is entitled to her services, society, companionship, consortium and support. 47. That by reason of the foregoing Plaintiff MENG-RONG WONG was deprived of the' services, society, companionship, consortium and support ofPlaintiffQI-JI HUANG in a sum of money having a present value that cxceedslhe jurisdictional limits ofalllower courts which would otherwise have jurisdiction ofthis matter. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF HUNG-FUNG WONG 48. That at all times herein mentioned, PlaintiffHUNG-FUNG WONG repeats, reiterates and realleges each and every allegation contained herein as though set forth at length herein. 49. At all times herein mentioned, Plaintiff, HUNG-FUNG WONG was, and still is a 'esident of the County of Kings, State of New York. 50. On or about April!1. 2004, plaintiff, HUNG-FUNG WONG was a passenger on be aforesaid motor vehicle. ~"g. 25. 2005 3:56PM D M Bowman, Inc. No.9421 P. 10 51. That as a result ofthe foregoing, the Plaintiff, HUNG-FUNG WONG sustained serious and permanent injuries. 52. That the forcgoing accidcnt and the resulting injuries to thc Plaintiff was caused wholly and solcly by reason of carelessness and negligence ofthc Defendants without any negligence on the part of the Plaintiff contributing thereto. 53. That as a result of the foregoing, the Plaintiff suffered serious injuries as defined in Article 51 of the New York Insurance Law. 54. That as a result of the foregoing, the Plaintiff is entitled to recover for non-economic , 1088 and for such economic losscs as arc not inchlded within the definitions as set forth in Article 51 \lfthe Insurance Laws of the State of New York. 55. That by reason of thc foregoing, Plaintiff has bcen damaged in a sum of monO)' having a present value that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this matter. AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF KIN-CHUN C~ 56. That at all times hereinafter mentioned, Plaintiff, KIN.CHUN CHENG, repeats, reiterates and realleges each and every allegation contained herein as though same more fully set forth at length herein. 57. That prior to and at all timcs hereinafter mentioned, plaintiffKlNG-CHUN CHENG was and still is the spouse of plaintiff, HUNG-FUNG WONG and as such spouse did and still does live and cohabit with said plaintiff. 58. That plaintiff KIN-CHUN CHENG has been deprived of the socicty, companionship, services and consortiwn of his spousc and upon information and belief, will continue to be deprived of thc abovesaid and has been caused to become obligated for sums of money in an effort to cure and heal thc injuries sustained by his spouse. A,g.25. 2805 3:56PM D lj 80 wma n, ! n c, No. 9421 p, 11 59. ThaI by reason oflhe foregoing, Plaiotiff'has been damaged in a sum of money having a present value that exceeds the jurisdictional1imits of all lower courts which would otherwise have jurisdiction of this matter. WHEREFORE, 00 the First Cause of Action, Plaintiff demands judgment against the Defendants in a sum of money having a present value that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this matter; On the Second Cause of Action, Plaintiff demands judgment against the defendants in a sum of money baving a present value that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this matter; On the Third Cause of Action, Plaintiff demands judgment against the defendants in a sum of money having a present value that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this matter; On the Fourth Cause of Action, plaintiff demands judgment against the defendants in a sum of money having a present value that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this matter together with punitive damage and with costs and disbursements of this action. Dated: New York, New York Auguslll,2005 Yours, etc. !_SC~(~ CAESAR & APOLI Attorneys for Plaintiff(s) QI-JI HUANG, MENO-RONG WONG, HUNG- FUNG WONG AND KIN-CHUN CHENG 350 Broadway 10TH Floor New York, New York 10013 (212) 226-2100 Our File No. B28174.JNQQ Aug. 25, 2005 3:57PM D 'A Bowman, Inc. No.9421 P. 12 ATTORNEY'S VERIFICATION JAt'\1ES C. NAPOLI, an attorney duly admitted to practice before the Courts ofth~ State of New York, affirms the following to be true W1dcr the penalties of perjury: 1 am an attorney at CAESAR & NAPOLI. attorneys of record for Plaintiff(s), KIN-CHUN CHENG, BUNG-FUNG WONG, QIN ZHANG, QIAO ZHANG, MENG-RONG WONG & KIN-CHUN CHENG. I have read the annexed SUMMONS AND COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief. and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason this verification is made by me and not Plaintiff{s) is that Plaintiflts) is/are not presently in the county wherein the attorneys for the plaintiflts) maintain their offices. DATED: New York, New Yolk August 11, 2005 5 02/02/2006 17:25 212-972-1030 LONDON FISCHER LLP ~.~ LONDON FISCHER LI_P PAGE 02/15 (9 b Present: Honomb Ie At JAS Part 72 State of New York, held in and for the County of Kings, at the courthouse located thereof, located at 360 Adams Street, Brooklyn, New York on the L day of 2006. ~E.B 0 1 2006 liON. IRA HARKAvY lS.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------J{ QI-J1HUANG, MENG-RONG WONG, HUNG- FlmG WONG AND KlN-CHUN CHENG Index No.: 25002/2005 Plaintiff, ORDER DIRECTING OPEN COMMISSION -against- HUA MEr EXPRESS, INe. d/b/a HUAN QW EXPRESS, Y AU W. CHEUNG, D.M. DOWMAN INC. AND GARY L. JOHNSON, Defendant. ---------------------------------------------------------------------)( j C'-"''' W"i I' 1>:>"", Upon the annexed Stipulation of plaintiff, dated Dee_a<< 11, 20M, and of co- def~ndant dated January 13, 2006, and it appearing that Jonathan L. Mays having knowledge and information and material to this proceeding. NOW, on the application of D.M. Bowman Inc. i/s/h/a D.M. Dowman, Inc,.and Gary L. Johnson through its attorneys, London Fischer LLP, it is ORDERED, that pursuant to CPLR ~S 3101, 3108 and 3113, aconunission issue in this action to Martson DeardOrff'((~GsS COUNr?~lER~~SIe, PA 17013 or any OFFICE $ 45.00 FEE PArD ~. Cih~ EXHIBIT "B" 02/02/2006 17:25 212-972-1 ~3Jl LONDON FISCHER LLP PAGE 03/15 rf:"P',r other authorized person who may is:;ue subpoenas and take oral deposition pursuant to the laws of the State of Pennsylvania, to issue a subpoena to take the oral deposition of Jonathan L. Mays, and that said commissioner, return the transcript of the testimony subscribed by the witnesses, certified to be correct, annexed to said commission with any exbibi Is produced and proven before him, to the Clerk ofthe Supreme Court of the Slate of New York, County of Kings, 360 Adams Street, Brooklyn, New York, certified or registered mail with an convenient speed. /C\ J.S.C. K:\lIR\O"~\Moti~rDjn:crinptO\'H!nCOTmri~doc r . Hf1P\KAVV B 'fJ,fi..f{KAW \flP- " Sunrerna court Justice ot tna T' " -2- . . CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing was served this date via certified mail, restricted delivery as follows: James C. Napoli, Esquire CAESAR & NAPOLI 350 Broadway 10th Floor New York, New York 10013 Attorney for Plaintiffs Smith Mazure Director Wilkins Young & Yagerman, P.c. III John Street, 20th Floor New York, NY 10038-3198 Attorneysfor Defendants Hua Mei Express, Inc.. d/b/a Hua Qui Express and Yau TV, Cheung MARTSON DEARDORFF WILLIAMS & OTTO By: Christopher E. Rice, Esquire UJ..r. 5. YL- Dated: March 10, 2006 F \FILESIOATAFlLE\GeneraIICurrenlll 19951 pell p T{~ ~~ :::i ~ en r- ~~ <' ..' ~ V\ lr( V( \) .. , . (c:; -! "--/ r- B .~ / QU-JI HUANG, MENG-RONG WONG, HUNG-FUNG WONG and KIN-CHUN CHENG, Plaintiffs RECEIVED MAR 1 4 2006 Y: << : IN THE COURT OF COMMON . : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 01.0 - I]Y9 e~'lL 'l-CCfLWj HUA MEI EXPRESS, INC. d/b/a HUAN QIU EXPRESS, Y AU W. CHEUNG, D.M. DOWMAN INC., and GARY L. JOHNSON, Defendants ORDER "In AND NOW, this \ c.. day of March, 2006, the Petition for the Allowance of Deposition is GRANTED. By the Court ~i. 1. F.".FiLlS\DAT AFltF..otneral\Currentl] 1995 I rell 1t,N'i'^-:ASNN,=Jd ! w~".~ .. .., "'~'"n''' I\..l-J"~; \) _ C' I":~i".fnl v 92 :1 Wd 91l:lVW 900l "'\./'(" I"" "')"d :Jl-Il :10 AbvL.h\vr-u..\...c ...:_ ;)I~;!Q--G31I:J