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Sura, Roners & Seaman
Company, IEA.
fo W. Brose Stic
Seen 00
Contin, O10 1H
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05-7990 May 17, 2005
Attorneys for Petitioner, The Cincinnati Insurance Company
IN THE COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
05
THE CINCINNATI INSURANCE : CASE NO. = & 0 9 6
COMPANY
6200 South Gilmore Road : Judge
Fairfield, Ohio 45014
Petitioner,
Vv.
RODNEY EARLY VERIFIED PETITION
c/o Residence Inn : FOR DISCOVERY
155 Prestige Place, Suite 1224
Miamisburg, Ohio 45352
AND
NATONYA EARLY WALKER
c/o Residence Inn
155 Prestige Place, Suite 1224
Miamisburg, Ohio 45352
Respondents.
Comes now petitioner, The Cincinnati Insurance Company, by and through its
undersigned counsel, and pursuant to Civ. R. 27 hereby submits its Verified Petition and
respectfully requests and moves this Honorable Court issue an Order to perpetuate the testimony
of the respondents as more fully set forth herein:1. Petitioner, The Cincinnati Insurance Company, is an insurance company duly
licensed and authorized to conduct business and issue insurance policies in the State of Ohio
with its principal office located at 6200 South Gilmore Road, Fairfield, Ohio 45014.
2. Respondents, Rodney Early and Natonya Early Walker, at all time relevant
hereto, are residents and domiciles of Dayton, Montgomery County, Ohio.
3. Petitioner issued to Mr. Ryan Marcotte a Renter’s Insurance Policy No.
08407751 for rental property located at 91 Notre Dame Avenue, Dayton, Ohio, Montgomery
County, 45404, effective June 4, 2003 through November 7, 2006. A copy is not attached due to
its voluminous nature but will be provided upon request.
4. On or about February 13, 2005, a fire occurred at the subject rental property
causing damage and financial loss.
5. Thereafter, Mr. Marcotte submitted a property insurance claim to the petitioner
and the petitioner commenced an investigation of the claim.
6. Petitioner’s investigation revealed the fire occurring at the subject property was
the result of arson.
7. Petitioner’s investigation revealed the respondents were the last known
individuals present at the rental property prior to the time of the occurrence of the arson fire.
8. Petitioner has requested the sworn testimony of respondents, who are represented
by legal counsel, and both respondents and their legal counsel have refused to permit their
statements under oath to be taken in connection with petitioner’s insurance claim investigation.
9, Respondents’ failure to submit to a statement under oath and failure to cooperate
with petitioner’s claim investigation prejudices petitioner’s ability to fully complete its
investigation of the subject insurance claim.10. Petitioner has determined respondents are suspects in the occurrence of this
suspicious/arson fire and/or are believed to have material information concerning the occurrence
of the fire.
11. Petitioner states respondents may be parties to an action brought by petitioner in
subrogation, or otherwise petitioner could be a defendant in any action under the insurance
contract, but is presently unable to bring or defend such actions until such time as its claim
investigation has concluded and a final claim determination has been rendered.
12. Petitioner is required by law as an Ohio insurer to investigate suspicious arson
claims such as the subject claim.
13. Petitioner desires to perpetuate respondents’ testimony, to establish the following
facts:
a. Background information, identification information, civil/criminal history,
education, employment, financial information, claim history, and related
information regarding respondents;
b. Information relative to respondents’ whereabouts and activities near in time to
occurrence of this arson fire;
c. Respondents’ personal knowledge regarding their occupancy of the subject
property, knowledge of witnesses, and all other pertinent information concerning
the subject of the insurance claim and arson fire; and
d. Pursuant to Rule 27(A)(3) obtain documents pursuant to Civ. R. 34, which pertain
to the inquiries listed in subsections a through c, above.
14, Petitioner states its reason for desiring to perpetuate the respondents’ testimony,
in addition to that set forth above, is to obtain material information within respondents’ personal
knowledge pertaining to the subject insurance claim and incident so the petitioner may complete
its claim investigation and to assess the possible involvement of the respondent suspects or
others.1S. Respondents’ names and last known addresses are:
Rodney Early
c/o Residence Inn
155 Prestige Place, Suite 1224
Miamisburg, Ohio 45352
Natonya Early Walker
c/o Residence Inn
155 Prestige Place, Suite 1224
Miamisburg, Ohio 45352
WHEREFORE, petitioner, The Cincinnati Insurance Company, respectfully requests
this Honorable Court issue an Order authorizing petitioner to perpetuate the testimony of
respondents and to obtain relevant documents, and for such other and further relief as this
Honorabie Court deems just and proper.
Respectfully submitted,
. ,OoN
C ene FD
Carmen C. Sarge (0071913)
Matthew J. Smith (0006788)
SMITH, ROLFES & SKAVDAHL CO., L.P.A.
1014 Vine Street, Suite 2350
Cincinnati, Ohio 45202
(513) 579-0080
(513) 579-0222 — Fax
ATTORNEYS FOR PETITIONER,
THE CINCINNATI INSURANCE COMPANYVERIFICATION
I, Mr. Jack Morgan, am at all time relevant hereto secretary and an officer of The
Cincinnati: Insurance Company and have personal knowledge of the investigation of the
insurance claim reference in this Petition for Discovery. I believe the facts stated in this Petition
are true and the same are based upon my personal knowledge.
Vedz
Mr. Jack Morgan, Secretary
Authorized Representative of
The Cincinnati Insurance Company
STATE OF Chie )
) ss:
COUNTY OF Butler )
Before me, ‘ary Public in and for the State of Ohio, personally appeared Mr. Jack
Morgan on this ial jay off Ma S , 2005 and stated unto me that he executed the
foregoing Petition for Discovery.
My Commission Expires:
i
CYNTHIAA. BILLINGHURST
(SEAL)TO: CLERK OF COURTS
MONTGOMERY COUNTY
Please issue service of summons by certified mail to the parties listed below in reference
to the above-captioned litigation:
Mr. Rodney Early
c/o Residence Inn
155 Prestige Place, Suite 1224
Miamisburg, Ohio 45352
Ms. Natonya Early Walker
c/o Residence Inn
155 Prestige Place, Suite 1224
Miamisburg, Ohio 45352 Cc - 27 =
Carmen C. Sarge
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Sura, Roners & Seaman Company, IEA. fo W. Brose Stic Seen 00 Contin, O10 1H (ona) soseriane jinn 05-7990 May 17, 2005 Attorneys for Petitioner, The Cincinnati Insurance Company IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO 05 THE CINCINNATI INSURANCE : CASE NO. = & 0 9 6 COMPANY 6200 South Gilmore Road : Judge Fairfield, Ohio 45014 Petitioner, Vv. RODNEY EARLY VERIFIED PETITION c/o Residence Inn : FOR DISCOVERY 155 Prestige Place, Suite 1224 Miamisburg, Ohio 45352 AND NATONYA EARLY WALKER c/o Residence Inn 155 Prestige Place, Suite 1224 Miamisburg, Ohio 45352 Respondents. Comes now petitioner, The Cincinnati Insurance Company, by and through its undersigned counsel, and pursuant to Civ. R. 27 hereby submits its Verified Petition and respectfully requests and moves this Honorable Court issue an Order to perpetuate the testimony of the respondents as more fully set forth herein:1. Petitioner, The Cincinnati Insurance Company, is an insurance company duly licensed and authorized to conduct business and issue insurance policies in the State of Ohio with its principal office located at 6200 South Gilmore Road, Fairfield, Ohio 45014. 2. Respondents, Rodney Early and Natonya Early Walker, at all time relevant hereto, are residents and domiciles of Dayton, Montgomery County, Ohio. 3. Petitioner issued to Mr. Ryan Marcotte a Renter’s Insurance Policy No. 08407751 for rental property located at 91 Notre Dame Avenue, Dayton, Ohio, Montgomery County, 45404, effective June 4, 2003 through November 7, 2006. A copy is not attached due to its voluminous nature but will be provided upon request. 4. On or about February 13, 2005, a fire occurred at the subject rental property causing damage and financial loss. 5. Thereafter, Mr. Marcotte submitted a property insurance claim to the petitioner and the petitioner commenced an investigation of the claim. 6. Petitioner’s investigation revealed the fire occurring at the subject property was the result of arson. 7. Petitioner’s investigation revealed the respondents were the last known individuals present at the rental property prior to the time of the occurrence of the arson fire. 8. Petitioner has requested the sworn testimony of respondents, who are represented by legal counsel, and both respondents and their legal counsel have refused to permit their statements under oath to be taken in connection with petitioner’s insurance claim investigation. 9, Respondents’ failure to submit to a statement under oath and failure to cooperate with petitioner’s claim investigation prejudices petitioner’s ability to fully complete its investigation of the subject insurance claim.10. Petitioner has determined respondents are suspects in the occurrence of this suspicious/arson fire and/or are believed to have material information concerning the occurrence of the fire. 11. Petitioner states respondents may be parties to an action brought by petitioner in subrogation, or otherwise petitioner could be a defendant in any action under the insurance contract, but is presently unable to bring or defend such actions until such time as its claim investigation has concluded and a final claim determination has been rendered. 12. Petitioner is required by law as an Ohio insurer to investigate suspicious arson claims such as the subject claim. 13. Petitioner desires to perpetuate respondents’ testimony, to establish the following facts: a. Background information, identification information, civil/criminal history, education, employment, financial information, claim history, and related information regarding respondents; b. Information relative to respondents’ whereabouts and activities near in time to occurrence of this arson fire; c. Respondents’ personal knowledge regarding their occupancy of the subject property, knowledge of witnesses, and all other pertinent information concerning the subject of the insurance claim and arson fire; and d. Pursuant to Rule 27(A)(3) obtain documents pursuant to Civ. R. 34, which pertain to the inquiries listed in subsections a through c, above. 14, Petitioner states its reason for desiring to perpetuate the respondents’ testimony, in addition to that set forth above, is to obtain material information within respondents’ personal knowledge pertaining to the subject insurance claim and incident so the petitioner may complete its claim investigation and to assess the possible involvement of the respondent suspects or others.1S. Respondents’ names and last known addresses are: Rodney Early c/o Residence Inn 155 Prestige Place, Suite 1224 Miamisburg, Ohio 45352 Natonya Early Walker c/o Residence Inn 155 Prestige Place, Suite 1224 Miamisburg, Ohio 45352 WHEREFORE, petitioner, The Cincinnati Insurance Company, respectfully requests this Honorable Court issue an Order authorizing petitioner to perpetuate the testimony of respondents and to obtain relevant documents, and for such other and further relief as this Honorabie Court deems just and proper. Respectfully submitted, . ,OoN C ene FD Carmen C. Sarge (0071913) Matthew J. Smith (0006788) SMITH, ROLFES & SKAVDAHL CO., L.P.A. 1014 Vine Street, Suite 2350 Cincinnati, Ohio 45202 (513) 579-0080 (513) 579-0222 — Fax ATTORNEYS FOR PETITIONER, THE CINCINNATI INSURANCE COMPANYVERIFICATION I, Mr. Jack Morgan, am at all time relevant hereto secretary and an officer of The Cincinnati: Insurance Company and have personal knowledge of the investigation of the insurance claim reference in this Petition for Discovery. I believe the facts stated in this Petition are true and the same are based upon my personal knowledge. Vedz Mr. Jack Morgan, Secretary Authorized Representative of The Cincinnati Insurance Company STATE OF Chie ) ) ss: COUNTY OF Butler ) Before me, ‘ary Public in and for the State of Ohio, personally appeared Mr. Jack Morgan on this ial jay off Ma S , 2005 and stated unto me that he executed the foregoing Petition for Discovery. My Commission Expires: i CYNTHIAA. BILLINGHURST (SEAL)TO: CLERK OF COURTS MONTGOMERY COUNTY Please issue service of summons by certified mail to the parties listed below in reference to the above-captioned litigation: Mr. Rodney Early c/o Residence Inn 155 Prestige Place, Suite 1224 Miamisburg, Ohio 45352 Ms. Natonya Early Walker c/o Residence Inn 155 Prestige Place, Suite 1224 Miamisburg, Ohio 45352 Cc - 27 = Carmen C. Sarge