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Home My WebLink About06-6009 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N () (, ,. ttJ-o 9 ~ -r:-- o. ROBIN M. RHODES, Plaintiff COMMERCIAL UNION INSURANCE AGENCY, CGU INSURANCE, LIBERTY REGIONAL AGENCY, MARKETS-GULF, ONE BEACON INSURANCE COMPANY, ONE BEACON CORPORATION, AMERICAN: FIRST INSURANCE, EMPLOYER'S FIRE INSURANCE COMPANY, Defendants PLAINTIFF'S MOTION FOR ISSUANCE OF ALIAS INTERSTATE SUBPOENA AND SUBPOENA DUCES TECUM AND NOW, comes your Plaintiff, Robin M. Rhodes, by and through her counsel, Cunningham & Chernicoff, P.C., who files this Motion for Issuance of Alias Interstate Subpoenas and Subpoenas Duces Tecum, and in support thereof, avers the following: 1. Plaintiff, Robin M. Rhodes, is an adult individual residing in the jurisdiction of the State of Oklahoma. 2. Plaintiff instituted a cause of action in the District Court of Cleveland County, State of Oklahoma, docketed at Case No. CJ-2003-2004. 3. Plaintiff, Robin M. Rhodes, has instituted a legal action against the Defendants alleging a breach of its contract for insurance with Plaintiff and failure to deal fairly and with good faith with the Plaintiff. 4. Susan Jenkins, a Pennsylvania adult residing in Mechanicsburg, Pennsylvania, was the claims adjuster assigned to Plaintiffs file by the Defendants during the relevant time frame. 5. Plaintiff desires to take the deposition of Susan Jenkins and, if unable to do, would be unfairly prejudiced in the prosecution of her lawsuit if such deposition was not conducted. 6. No other person other than Susan Jenkins processes first hand, admissible testimony to explain why certain actions were taken or why certain actions were not taken by the Defendants. 7. On October 12,2006, pursuant to Plaintiffs Motion for Issuance of Alias Interstate Subpoenas and Subpoenas Duces Tecum, the Honorable Lori M. Walkley, Judge of the District Court of Cleveland County, Oklahoma, issued an Order for the issuance of Interstate Subpoena authorizing the Plaintiff to the issuance forthwith from the Court of Cumberland County, Pennsylvania as Subpoena requiring Susan Jenkins, the former employee of the Defendants to appeal at a deposition to be held on Tuesday, November 7,2006, beginning at 9:00 a.m. at the Country Inn & Suites located at 4943 Gettysburg Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 8. The Order of Judge Walkley also authorized the issuance of a Subpoena Duce Tecum requesting that Susan Jenkins bring with her (1) any and all documents in her possession which refer, relate and/or are in regard to Plaintiffs claims against the above named Defendants; and (2) any and all claims manuals, employees manuals, or training manuals provided to her by her employers, commercial union, union beacon, CGU Insurance or any of the Defendants in the civil action filed in the District Court of Cleveland County, State of Oklahoma at docket no. CJ-2003- 2004. A true and correct copy of Judge Walkley's Order is attached hereto, made part hereof, is incorporated by reference and is marked as Plaintiffs Exhibit "P-l ". 2 9. On October 12,2006, Judge Walkley also issued a commission to take testimony deposition of Susan Jenkins and complete a transcript of the same and forward it to Plaintiffs counsel, David W. Little and that all costs incurred in filling the commission are to be paid by David W. Little. A true and correct copy of the commission to take deposition testimony in a foreign state is attached hereto, is made part hereof, is incorporated by reference and is marked as Plaintiffs Exhibit "P-2". WHEREFORE, Plaintiff, Robin M. Rhodes, respectfully request this Honorable Court to direct the Prothonotary to Issue a Subpoena at the above captioned term and number to secure the appearance of Susan Jenkins at deposition, said deposition to take place on Tuesday, November 7, 2006 beginning at 9:00 a.m at the Country Inn and Suites, located at 4943 Gettysburg Road, Mechanicsburg, Cumberland County, Pennsylvania and that the Subpoena also indicate that Ms. Jenkins is to bring with her any and all documents in her possession relating to the Plaintiff, Robin M. Rhodes', claim and any and all claims manuals, employee manuals or training manuals provided to her by any of the named Defendants in this matter. Respectfully submitted, Dated: October I J , 2006 By: ERNICOFF, P.C. . unningham, Esquire .D. 3144 2320 North Second Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone: (717) 238-6570 Attorneys for Plaintiff F:\HOME\AHEWITTlDOCS\Q-S\RHOADS\SUBMOTN. WPD 3 Exhibit "P-l" , ~ 8l~efNOKLAHOMA} FIlO COUNTY 5.S. Off; ED In The ce of the Court Clerk IN THE DISTRICf COURT OF CLEVELAND COUNTY OCT 1 2 2006 STATE OF OKLAHOMA ROBIN M. RHODES, ) ) Pkmtiff, ) ) VI. ) ) COMMERCIAL UNION, ) INSURANCE AGENCY, CGU INSURANCE, ) LIBERTY REGIONAL AGENCY, ) MARKETS-GULF, ONE BEACON, ) INSURANCE COMPANY, ) ONE BEACON CORPORATION, ) AMERICAN FIRST INSURANCE, ) EMPLOYER'S FIRE INSURANCE COMPANY,) ) Defendants. ) . DE,.UTY Case No.: CJ-2003-2004 ORDER FOR ISSUANCE OF INTERSTATE SUBPOENAS AND SUBPOENA DUCES TECUM NOW on this -to/day of October 2006, comes on for hearing Plaintiff's Motion for Issuance of Commission and for lvsuance of In/erstate Subpoenas and Subpoena Duces Tecum. At the request of Plaintiff this Court finds that such Commission should issue, and that Plaintiff's request for issuance of interstate Subpoena Duces Tecum and Subpoenas to Susan Jenkins, through the State of Pennsylv8I1ia. Cwnberland County, for service on said individuals and/or corporation, should be granted. In connection therewith, the Court finds as follows: 1) That an interstate Subpoena Duces Tecum should issue forthwith from Cwnberland County to Defendant's herein, requesting the following documents: A) Any and all documents in witnesses' possession relating to the Plaintiff, Robin Rhodes' claim. B) Any and all claims manuals, employee manuals, or training 1 . , , manuals provided to you by your employer(s} Commercial Union, One Beacon, cau Insurance, or any of the Defendants named above. 2) That an interstate Subpoena should issue forthwith from Cumberland County requiring the deposition of Susan Jenkins, a former employee of the Defendant(s}; the deposition is to be held on Tuesday, November 7, 2006 beginning at 9:00 a.m. at the Country Inn &: Suiles located at 4943 Gettysburg Road, Mechanicsburg, Pennsylvania 17055. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff is entitled to the issuance of process requesting: 1) the documents enumerated above relating to Plaintiffs claim; 2) the deposition of Susan Jenkins, a former employee ofDefendant(s) above. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a Subpoena should issue forthwith from the State of Pennsylvania, Cwnberland County, to Susan Jenkins, requiring her deposition to be held on Tuesday, November 7. 2006 beginning at 9:00 1I.tn. at tire Country . Inn & Suitealocated at 4943 Gettysburg Road, Mechanicsburg, Pennsylvania 17055. S / Lori M. Walkley JUDGE OF THE DISTRICT COURT Prepared by Attorneys for Plaintiff: ~ David W. Little, OBA # 14407 115 E. Califomia-Bricktown Miller-Jackson Building, Suite 350 Oklahoma City, OK 73104-2418 telephone: (405) 236-4200 2 facsimile; (405) 236-4205 and Mark Bialick, OBA #771 Rodney Stewart, OBA #15105 DURBIN LARIMORE & BIALlCK 920 North Harvey Oklahoma City, OK 73102-2610 -- 3 I HEREBY ceRTIFY THAT TJ.lE !=OREGOING IS AI, TAUE AND OORREOT AND CO~PI..E1'e COPY OF 1l-IE INSTRUMENT HEReWITH SET OUT AS IT APPEARS ON RECORD IN TIE COUR'T OLERK'S OFFICE OF ~ OOUNTY. OK~ WITNESS MY AN SEAL THIS If OF .,. RHON06. HALL. BY Exhibit "P-2" IN THE DISTRICT COURT OF CLEVELAND COUNTY STATE OF OKLAHOMA STATE OF OKLMiOMA} S S CLEVELAND COUNTY ., FILED In The Office of the Court Clerk OCT 1 2 2006 ROBIN M. RHODES, ) ) Plaintiff, ) ) ft. ) ) COMMERCIAL UNION, ) INSURANCE AGENCY, CGU INSURANCE, ) LmERTY REGIONAL AGENCY, ) MARKETS-GULF, ONE BEACON, ) INSURANCE COMPANY, ) ONE BEA~ON CORPORATION, ) AMERICAN FIRST INSURANCE, ) EMPLOYER'S FIRE INSURANCE COMPANY,) ) Defendants. ) EPUTY Case No.: CJ-2003-2004 COMMISSION TO TAKE DEPOSITION TESTIMONY IN FOREIGN STATE FROM: THE DISTRlCl' COURT OF CLEVELAND COUNTY, STATE OF OKLAHOMA TO: A DULY AUTHORIZED ('OURT, ATI'ORNEY, OR OTHER OmCIAL QUALIFIED 1'0 ISSUE A SUBPOENA FOR DEPOSmON IN PENNSYLVANIA. Under and by virtue of this Commission made and entered by the above-entitled court of competent jurisdiction in the abovt: entitled proceeding, you are hereby appointed a Commission and are given full authority to issue a subpoena for deposition upon oral examination under oath of the following individual on Tuesday, November 7, 2006 beginning tit 9:00 a.m. at the COUlltry Inn & Suites locatetlllt 4943 Gettysburg Road, Mechanksburg, Pennsylvanill17055. Susan Jenkins 1 5233 Strathmore Drive Mechanicsburg, P A 17050 After said deposition has been completed. you are to cause the testimony of said witness to be reduced to writing by a duly authorized court reporter, examiner, or other official qualified to take sworn testimony in New Jersey, and mailed to David W. Little, P.C., Law Offices of David Little, 115 E. California - Bricktown, Miller-Jackson Building, Suite 350, Oklahoma City, OK 73104, counsel for Plaintiff. You are also to cause any and all documents produced during the course of the deposition to be forwarded to David W. Uttle, P.C., Law Offices of David Little, 115 E. California - Bricktown, Miller-Jackson Building, Suite 350, Oklahoma City. OK 73104, counsel for Plaintiff All costs incurred in fulfilling this Commission shall be paid by David W. Little, P.C., Law Offices of David Little, 115 E. California - Bricktown, Miller-Jackson Building, Suite 350, Oklahoma City, OK 73104 Dated this ~y of October 2006. S / Lori M. Walkley JUDGE OF THE DISTRICT COURT Respectfully presented by, lrL' David W. Little, OBA # 14407 LAW OFFICES OF DAVID UTILE t 15 E. California - Bricktown 2 Miller-Jackson Building, Suite 350 Oklahoma City, OK 73104-2418 telephone: (405) 236-4200 facsimile: (405) 236-4205 -and- Mark E. Bialick, Esq., OBA #771 Rodney Stewart, Esq., OBA #15105 DURBIN, LARIMORE & BIALlCK 920 N. Harvey Oklahoma City, OK 73102 telephone: (405) 235-9584 facsimile: (405) 235-0551 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on this \ ~y of October 2006, a true and correct copy of the above and foregoing was serv~n the following parties herein by mailing same to the following counsel of record: Jim L. Gibbs, II, Esq., OBA#15689 David Proctor, Esq., OBA#13863 GOOL~BY. OLSON & PROCTOR, P.C. 701 N. Broadway Ave., Suite 400 Oklahoma City, OK 73102-6006 0- Da,'id Little / HEREBY CERTIFY THAT THe FOREGOINQ IS " TRUE AND CORRECT AND OOMPLETE OQPV OF' THE INSTRUMENT HEREWITH SET OUT AS IT APPEARS ON Aecx>RO IN THE COURT CLERI('S OFJ:/CE OF ClEVELAND COUNTY. ~ ~ESS MY ~~?,L THIS, 20 ~ RHONOA HALL. ClERK 8Y 3 CERTIFICATE OF SERVICE I do hereby state that on the J3. day of October 2006, I served a true and correct copy of above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Jim L. Gibbs, Esquire David Proctor, Esquire GOOLSBY, OLSON & PROCTOR 701 N. Broadway Avenue, Suite 400 Oklahoma City, OK 7- 102-6006 __ri" ~ ~ \ ~ ~ ji& r~ ~ F .t: ~ ..., y ..t, 4, '"" )..) ~ - '"' 00 7 (; \).I '" V"I cO \.)J '" ).:)[' V' \).l C) J- r-.' , ~,_.) C) -ll --l (';j-l. t-:-:J .~ ) n~ __ r--v .- r-'-' ~ L) ~~; '~1l -d~: ~ ::;.5 J ~p:" --, }; tJ-1.f''''': (.',l..... : -:1-"" ,:, W{J.):';' ) ~.J :JJ c.~ -<> ~ -..:..-~ .... " ) 1 ( ...' r-.J :'::) -.J -< ,;'172:'\84809 CUlllllllgham and Chemi 034318 pm 10-13~20,)'3 2 i2 'Y ') I-'r -J } 8 2006 J~~ ROBIN M. RHODES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. COMMERCIAL UNION INSURANCE : NO. 0 (, - i {J c.-<J c.~ I~ AGENCY,CGUINSURANCE,LIBERTY REGIONAL AGENCY, MARKETS-GULF, ONE BEACON INSURANCE COMPANY, ONE BEACON CORPORATION, AMERICAN; FIRST INSURANCE, EMPLOYER'S FIRE INSURANCE COMPANY, Defendants ORDER AND NOW, this ~~ay of October, 2006, upon review of Plaintiffs annex Petition and Motion of Jordan D. Cmmingham, Esquire, the Prothonotary is hereby directed to issued a subpoena in the fonn attached to this Order. BY THE COURT, ~ ~~. ~L -,"... ,-'-'~ "'.::-J"t.. :.:' :s..'CJ >c Z ~ r-.Jo = = Q"' o ('""') --t ~ :i! ~ 00 _..~-r, :T-:o 00 :;;::;":::rn o --I ';E: ::i \.0 -0 -"Y,"'" -""" N .. o tv