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HomeMy WebLinkAbout03-4470William P. Douglas, Esq. Supreme Court LD. #37926 Douglas, Douglas & Douglas 27 W. High St. Carlisle, PA 17013 Telephone (717) 243-1790 John Vayonos In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs Itt No. 03- 6 Y7 O Civil Term Kyle Hardenbrook 448 Luella Dr. Kutztown, PA 19530 Civil action law Defendant Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Kyle Hardenbrook. William P. Dougl Esq. Attorney for tiff date: September 10, 2003 0 1 0 9 t- ? G ? C? D U Commonwealth of Pennsylvania County of Cumberland John Vayonos In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs Kyle Hardenbrook 448 Luella Dr. Kutztown, PA 19530 No. 03- W 10 Civil Term Civil action law Defendant Jury Trial Demanded Writ of Summons To: Kyle Hardenbrook 448 Luella Drive Kutztown, PA 19530 You are hereby notified that John Vayonos has brought an action against you. 4 &4A /2,`?ryria 7r?l?on,?aiy 7 DepuZ41r othonotar y date: September 10, 2003 William P. Douglas, Esq. Douglas Law Office 27 W. High St. Carlisle, PA 17013-0261 717-243-1790 Attorney for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VAYONOS JOHN VS HARDENBROOK KYLE R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HARDENBROOK KYLE but was unable to locate Him deputized the sheriff of BERKS in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 25th , 2003 , this office was in receipt of the attached return from BERKS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Berks County 33.96 .00 70.96 09/25/2003 DOUGLAS LAW OFFICE So answers- R. _ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 2..? day of ff)6V4.. oZvtJ A. D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania John Vayonos VS. Kyle Hardenbrook SERVE: same No. 03-4470 civil Now, September 1.1, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to ,20 , at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 20 COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone: 610-478-6240 Main Fax: 610-478-6222 Sheriff Fax: 610-478-6072 Barry Jaawiak, Sheriff Eric J. Weaknecht, ChiefDeputy AFFIDAVIT OF SERVICE DOCKET NO. 03-CIV-4470 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, FREDERICK SMITH, Deputy for Bam J. Jozwi*- Sheriff of Berks County, 633 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says that on SEPTEMBER 16, 2003 at 6:42 PM, he served the annexed WRIT OF SUMMONS upon KYLE HARDENBROOK, within named defendant, by handing a copy thereof to MARK A. HARDENBROOK, ADULT MEMBER OF HOUSEHOLD, at 448 LUELLA DRIVE, KUTZTOWN, Berks County, Pa., and made known to defendant the contents thereof. DEPUTY SHERIFF OF BERKS CO., PA J subscribed before me day of SEPTEMBER, 2003 Y NOTARIAL SEAL TAMMY RODR GUEZ, Notary Pub!:c Reading, Berks County, PA My Commissioc Expires, 10-06-20' ,PA Sheriff's Costs in Above Proceedings $ 75.00 DEPOSIT $ 33.96 ACTUAL COST OF CASE $ 41.04 AMOUNT OF REFUND Service made as set forth above. S savers, SHERIFF OF BERKS COUNTY, PA All Sheriff s Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the parry instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L/ 1072 JOHN VAYONOS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-4470 KYLE HARDENBROOK Defendant : CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Kindly enter my appearance on behalf of the Defendant, Kyle Hardenbrook, with regard to the above-captioned action. Respectfully submitted, CALDWELL & KEARNS By: 4z J . McGuire, Esquire Attorney I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Dated: / b/! 1163 CERTIFICATE OF SERVICE AND NOW, this /V/day of 2003, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: William P. Douglas, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013-0261 CALDWELL & KEARNS By: mac. 03-794/63714 (..) `'il ?'' -? `? i -f -? `.? I [ 1 ?? _` ?` JOHN VAYONOS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 03-4470 KYLE HARDENBROOK Defendant : CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE To: John Vayonos c/o William P. Douglas, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013-0261 A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service hereof, or judgment of non pros will be entered against you. Prothonotary Dated: /a ?',z JOHN VAYONOS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 03-4470 KYLE HARDENBROOK Defendant : CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ISSUE RULE TO FILE COMPLAINT TO: CUMBERLAND COUNTY PROTHONOTARY Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of service of said Rule, or suffer judgment of non pros. Dated: / (( -?- ?- ? U 5 CALDWI7LL & KEARNS By: --?`?-b?-- Jeffery T. ire, l squire Attorney I.D. #73627 Ray J. Michalowski, Esquire Attorney I.D. No. 87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 03-794/65613 f C i - Vf" DOUGLAS LAW OFFICE 27 W. HIGH ST. WILLIAM P. DOUGLAS, ESQ. POB 261 Supreme Court I.D.# 37926 CARLISLE PA 17013 TELEPHONE 717.243-1790 John Vayonos In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 03 - 4470 Civil Term Kyle Hardenbrook Civil action law Defendant Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 DATE: December 19, 2003 BY Complaint 1. The plaintiff, John Vayonos, is an adult individual residing at 213 N. Prince St., Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant, Kyle Hardenbrook, is an adult individual residing at 448 Luella Drive, Kutztown, Berks County, Pennsylvania. 3. On or about, September 15, 2001, the plaintiff was sitting in his vehicle, on on Route 174 in Shippensburg Township waiting in a line of traffic. 4. At about the same time and place, the defendant was operating his vehicle in a easterly direction on Route 174. 5. The defendant failed to stop for plaintiff's vehicle, and as a result struck the rear of the plaintiffs vehicle. 6. The impact occurred as a direct and proximate result of the defendant's negligence. 7. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured clear distance ahead; c) failing to operate his vehicle in a safe and prudent manner; d) failing to stop his vehicle before he collided with the plaintiff. 8. As a direct and proximate result of the negligence of the defendant the plaintiff was injured, his injuries, and/or aggravation of pre-existing condition(s), include but are not limited to: a) injury to his head, nerves and nervous system; b) injury to his spine and supporting structures; c) chronic pain; 9. As a result of his injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts in excess of that covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 10. As a result of his injuries, the plaintiff has incurred pain and suffering and will continue to incur the same in the future. 11. As a result of his injuries the plaintiff has incurred aggravation, inconvenience, possible future disfigurement, disability, and a loss of life's pleasures, and will continue to incur the same in the future. 12. As a result of the injuries the plaintiff sustained. on September 15, 2001, the plaintiff may have lost wages and the plaintiff's economic horizons may be limited. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. ` Respectfully submitted, `)k? ? O William P. Douglas, December 19, 2003 Attorney for Pl ' f AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: December 19, 2003 William P. Douglas, Esq. C: o 0 .. caa TI 2 j Q --i ' C7 f ?jT cf.) kjo O t ( ll L til ^ 'fn •V ? JOHN VAYONOS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-4470 KYLE HARDENBROOK Defendant : CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: John Vayonos and his attorney, William P. Douglas, Esquire YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, CALDWELL & KEARNS Dated: By: Je T uire, Esquire tt I: . No. 73617 31 orth Front Street Harrisburg, PA 17110 (717) 232-7661 JOHN VAYONOS Plaintiff VS. KYLE HARDENBROOK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4470 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Kyle Hardenbrook, by his attorneys, Caldwell & Kearns, to answer Plaintiff s Complaint and aver New Matter as follows: L-5. Admitted. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is deemed necessary. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is deemed necessary. 8. Denied. The averments in this paragraph as to negligence are conclusions of law to which no responsive pleading is deemed necessary. The remaining averments in this paragraph are also denied. After reasonable investigation, the Answering Defendant is without sufficient information to determine the truth or accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. 9. Denied. After reasonable investigation, the Answering Defendant is without sufficient information to determine the truth or accuracy of the averments of this paragraph, and 2 the same are hereby denied with strict proof thereof demanded at time of trial. 10. Denied. After reasonable investigation, the Answering Defendant is without sufficient information to determine the truth or accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. 11. Denied. After reasonable investigation, the Answering Defendant is without sufficient information to determine the truth or accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. 12. Denied. After reasonable investigation, the Answering Defendant is without sufficient information to determine the truth or accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. WHEREFORE, Defendant Kyle Hardenbrook respectfully requests that the Complaint be dismissed and judgment entered in his favor and against the Plaintiff without cost to him but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. NEW MATTER 13. The answers to paragraphs 1 through 12 are incorporated herein by reference as if fully set forth. 14. Plaintiff's claims are barred in whole or in part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 15. Plaintiff's injuries pre-existed the motor vehicle accident which is the subject of Plaintiff's Complaint. 16. In accordance with §1722 of the Pennsylvania Motor Vehicle Financial Responsibility law, Plaintiff is not entitled to recover any sums paid or payable from any group plan or other arrangement from Defendant. 17. Plaintiff fails to plead whether he was bound by the limited tort or full tort option on the date of the accident, and if limited tort applies, Plaintiff failed to plead an exception to the rule prohibiting recovery of non-economic damages in accordance with 75 Pa. C.S.A. §1705. 18. Defendant specifically preserves those defenses of contributory/comparative negligence and assumption of risk under Pa. R.C.P. 1030. WHEREFORE, Defendant Kyle Hardenbrook respectfully requests that the Complaint be dismissed and judgment entered in his favor and against the Plaintiff without cost to him but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. Dated: as 6? 13y: Respectfully submitted, CALDWELL & KEARNS McGuire, Esquire I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 4 VERIFICATION The undersigned, KYLE HARDENBROOK, hereby verifies that the facts set forth in the Answer with New Matter are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. j' KYLE HARDENBROOK CERTIFICATE OF SERVICE AND NOW, this kjday of , 2004, 1 hereby certify that I have served a copy of the within document on the fo lowing by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: William P. Douglas, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013-0261 By: 03-794/67280 CALDWELL & KEARNS ?.? r? > O L - .u1 fTl _ -.. t 1 r.? ;;:_r ??; _, uCw! -:{ ? '11. ,-: f„?l -ciii ? 1_ G"' DOUGLAS LAW OFFICE 27 W. HIGH ST. WILLIAM P. DOUGLAS, ESQ. POB 261 Supreme Court I.D.# 37926 CARLISLE PA 17013 TELEPHONE 717-243-1790 John Vayonos In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 03 - 4470 Civil Term Kyle Hardenbrook Civil action law Defendant Jury Trial Demanded Reply to New Matter 13. The allegations of the original complaint are incorporated herein and reference is made thereto. 14. Denied. Denied as a legal conclusion to which no response is necessary. 15. Denied. The injuries of the plaintiff were caused by the motor vehicle accident. 16. Denied. Denied as a legal conclusion to which no response is necessary. 17. Denied. Denied as a legal conclusion to which no response is necessary. 18. The impact occurred as a direct and proximate result of the defendant's negligence. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant and the New Matter of the defendant be dismissed. Respectfullsubmitted, William P. Douglas sq. January 28, 2004 Attorney for Plaintiff AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. William P. Douglas, Esq.; Date: January 28, 2004 0 _N t M, y J n:r m _L 1 3 U N ZCD Y ((??11"11 j w ? 1V 77 ss ?? JOHN VAYONOS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-4470 KYLE HARDENBROOK Defendant : CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Kyle Hardenbrook certifies that: 1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; 2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; Date: 3) no objection to the subpoena has been received; and 4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. AttJeey rDefendant JOHN VAYONOS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-4470 KYLE HARDENBROOK Defendant : CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Kyle Hardenbrook intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: / 6 /OA -- /° L( JOHN VAYONOS Plaintiff vs. KYLE HARDENBROOK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4470 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: National Grange Mutual Insurance Company 5010 Campuswood Drive P.O. Box 4828 Syracuse, NY 132214828 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all first party records and bills, insurance declarations, photographs, and property damage claims pertaining to all accidents involving John Vayonos, including but not limited to Claim No. 01X27554/620. At CALDWELL & KEARNS, 3631 N. Front Street, Harrisburg, PA17110. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena was issued at the request of the following person: Name: Jeffrey T. McGuire, Esquire Address: 3631 North Front Street Harrisburg, PA 17110 Telephone: (717) 232-7661 Supreme Court ID # 73617 Attorney for: Defendant By the Court: Date: Sea] of the Court Prothonotary Deputy 4„.? 1., t.i Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I. D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant Kyle Hardenbrook JOHN VAYONOS, IN THE COURT OF COMMON PLEAS Piaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KYLE HARDENBROOK, PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendant Kyle Hardenbrook in this case Please withdraw the appearance of Jeffrey T. McGuire, Esquire and Caldwell & Kearns, P.C. as counsel for Defendant Kyle Hardenbrook in this case. JO DUFFIE, STEWART & WEIDNER By: John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Kyle Hardenbrook DATE: 4 /3 /0 T NO. 03-4470 Defendant : JURY TRIAL DEMANDED By: KEARNS, P.C. Esquire A'tornby I.D. 73617 3631 North Front Street Harrisburg, PA 17110 Telephone: (717) 232-7661 :251614 r CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in th United States Mail at r Lemoyne, Pennsylvania, with first-class postage prepaid on the 3 day of UA e 2005, addressed to the fotlowing: William P. Douglas, Esquire Douglas Law Offices 27 West High Street Carlisle, PA 17013-0261 Jeffrey T. McGuire, Esquire Caldwell & Kearns, P. C. 3631 North Front Street Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By: ? - John A. Statler, E`qu e Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Kyle Hardenbrook On * ?C 5 ? j Cam? Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendant JOHN VAYONOS V. Plaintiff KYLE HARDENBROOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 03-4470 JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Wade D. Manley, Esquire of Johnson, Duffle, Stewart & Weidner as counsel for Defendant Kyle Hardenbrook in this case. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: l v74 Wade D. Min y, squire DATE: csj:252621 13806-24 CERTIFICATE OF SERVICE AND NOW, this /0?11ay of June, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William P. Douglas, Esquire Douglas Law Offices 27 West High Street Carlisle, PA 17013-0261 JOHNSO FFIErSA! & W EIDNER BCarl en S. Jensen ?., ?? ? a ,- u, U ti??,- -? ` .c _? ?. _? ' ?^ ??? (' l [ t .. U - -" .G Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant JOHN VAYONOS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff V. KYLE HARDENBROOK, Defendant CIVIL ACTION - LAW NO. 03-4470 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of the undersigned, John A. Statler, as counsel on behalf of Defendant Kyle Hardenbrook in the above-captioned action. Respectfully submitted, JOHNSON, 'D`UFFFIE,STEE?WA.R_T & WEIDNER By: \ i4 2E Q l John. Statler, Esq re DATE: q# CERTIFICATE OF SERVICE AND NOW, this _&L'---'day of June, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William P. Douglas, Esquire Douglas Law Offices 27 West High Street Carlisle, PA 17013-0261 JOHN N UFFIE, ST ART4 WEIDNER By: C een S.Jensen / ?., ? ' o r u+ r ? (" T I»?-= ? -«:. ? T 7 ? _ ? J? C f - ?:: C7 ? { - I ?. ?_ e OCT 1 9 2005 Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I. D. No. 87244 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JOHN VAYONOS Plaintiff V. KYLE HARDENBROOK, Defendant ORDER Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 03-4470 JURY TRIAL DEMANDED AND NOW, this Lo" day of October, 2005, upon consideration of the foregoing Motion to Compel Answers and Interrogatories and Requests for Production of Documents, it is ORDERED that the Plaintiff, John Vanoyos, provide the requested answers and responses within thirty (30) days of service of this Order. Failure to comply with this Order will result in sanctions, as provided by Pa.R.C.P. 4019. 7? ?.. ? F1 7,._ri<--,?,- c ?:?caY i???U?;1'?0 ,.. ,,, ,?., F. t 1 ??;, !`, , Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JOHN VAYONOS Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff V. KYLE HARDENBROOK, Defendant CIVIL ACTION - LAW NO. 03-4470 JURY TRIAL DEMANDED UPON PLAINTIFF AND NOW, this IrtA day of October, 2005, comes the Defendant, Kyle Hardenbrook, by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and moves for an Order compelling Plaintiff to comply with the requirements of outstanding discovery as follows: 1. The Defendant, Kyle Hardenbrook, the moving party herein, is represented in this matter by Wade D. Manley of Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, Pennsylvania, 17043; telephone number (717) 761-4540, and facsimile number (717) 761-3015. 2. The Plaintiff, the responding party herein is John Vanoyos, who is represented in this matter by William P. Douglas, Esquire, The Douglas Law Firm, 27 West High Street, P. O. Box 261, Carlisle, PA 17013; telephone number (717) 243-1790, and facsimile number (717) 243-8955. 3. This case involves a claim for personal injuries to the Plaintiffs resulting from a motor vehicle accident which occurred on or about September 14, 2001. 4. On February 4, 2004, the Defendant served the Plaintiffs with the following discovery: a) Interrogatories to the Plaintiffs, a copy of which is attached hereto as Exhibit A; b) Requests for Production of Documents to the Plaintiffs, a copy of which is attached hereto as Exhibit B. 5. On April 19, 2004, the Defendant's prior counsel, Jeff McGuire, Esquire, sent to the Plaintiffs' attorney a letter, a copy of which is attached hereto as Exhibit C, relating to the Plaintiffs' failure to answer the above-enumerated discovery items. 6. The Defendant's case was transferred to the Law Office of Johnson Duffie in June of 2005 and upon review of the file, it was determined that the Plaintiff still had not complied with the deadline to answer the discovery originally served. 7. Therefore, on June 3, 2005, the undersigned sent a letter to the Plaintiffs attorney advising him that review of the file indicated that his client had failed to answer the discovery posed, but if we were mistaken and the discovery was answered prior to the transfer of the file to our office, please send copies of the Plaintiffs answers and responses to the undersigned's office. A copy of the June 3, 2005 correspondence is attached hereto as Exhibit D. 8. The Plaintiff's attorney did not respond to or acknowledge the June 3, 2005 correspondence, so on August 22, 2005, the undersigned again wrote to the Plaintiff's counsel advising the Plaintiff and his counsel that if the Plaintiffs answers and responses were not sent to defense counsel's office within fifteen (15) days from the date of the letter, the instant motion would be presented. A copy of the June 3, 2005 correspondence is attached hereto as Exhibit E. 9. As of the date of the filing of this Motion, no answers or objections have been received from Plaintiffs' counsel to the above-enumerated discovery items. 10. By reason of the foregoing, the Plaintiffs have failed to timely respond to the Defendant's discovery, which is the subject of this Motion. 11. The Defendant requires the Plaintiffs' compliance with discovery to evaluate the Plaintiffs' claims involved in this matter and to defend against the Plaintiffs' action. WHEREFORE, the Defendant respectfully requests that an Order be entered compelling the Plaintiffs to answer and respond to the discovery propounded by the Defendant which is the subject of this Motion. JOHNSON, DUFFIE, STEWART & WEIDNER By: NV?04 P. Wade D. M n csj:259178 22740-1883 EXHIBIT A JOHN VAYONOS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-4470 KYLE HARDENBROOK Defendant : CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES PROPOUNDED BY DEFENDANT, TO BE ANSWERED BY PLAINTIFF - FIRST SET TO: John Vayonos c/o William P. Douglas, Esquire 27 West High Street P. 0. Box 261 Carlisle, PA 17013-0261 PURSUANT TO THE PROVISIONS of Pa. R.C.P. 4005 and 4006, as amended, you are required to serve a copy on the undersigned, of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature pursuant to Pa. R.C.P. 4007.4. If between the time of filing your original Answers to these Interrogatories and the time of trial of this matter, you or anyone acting in your behalf learns the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtains information upon the basis of which you or he knows that an Answer was incorrect when made, or know that an Answer though correct when made is no longer true, promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a Supplemental Answer on the undersigned. Dated: d CAALD LL KEARNS By: ! J T. McGuire, Esquire ttorney I.D. No. 73617 Attorneys for Defendant 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 03-794/68343 1. Please set forth your full legal name. ANSWER: 2. Please set forth any other names which you have used, the inclusive dates during which each such name was used and the reason for such usage. ANSWER: 3. Please set forth your present address, any address used by you during the last ten (10) years and the dates on which you utilized each such address. ANSWER: 4. Please set forth your date of birth and the state, county and city of your birth. ANSWER: 5. Please set forth your social security number. ANSWER: 6. State the names of all spouses with whom you have been marred in the past ten (10) years indicating the date and place of each marriage, and the date and reason for the termination of each marriage, including the term and number of any divorce action. ANSWER: 7. Have you ever been a member of the Armed Services? If so, state: (a) the branch of the military service in which you served; (b) the highest military rank you obtained; (c) your serial number; (d) the inclusive dates of services; (e) the type of discharge you received; and (f) whether or not you served in combat. ANSWER: 8. State the name and address of each school or other educational institution which you have attended, listing the dates of attendance and the courses of study. Include on-the-job and any specialized training which you have received. ANSWER: 9. Have you ever been convicted of a felony or misdemeanor? If so, state: (a) the count and state in which you were convicted; (b) the nature of the felony or misdemeanor of which you were convicted; (c) whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendere; (d) the date of your conviction; (e) the name and address of the tribunal imposing sentence; (f) the title of the cause and case number assigned by said tribunal to your case; (g) the nature of the sentence imposed; and (h) the dates and places of any facility in which you were incarcerated. ANSWER: 10. Please identify your current employer and each employer for whom you have worked during the past five years and set forth as to your current employer and each past employer: (a) the identity and legal address of your employer(s); (b) your job title and duties during the course of each such employment; (c) dates of employment; (d) your rate of pay; (e) the number of hours you usually worked each week at each such employment; (f) the name, business and residence address and telephone number of your immediate supervisor at each such employment; and (g) the reason for leaving each past employer. ANSWER: 11. Have you ever made a claim for personal injuries, Worker's Compensation or property damage under any insurance policy, or against any person, firm or corporation or to any governmental agency? If so, state: (a) the name and address of the person or entity against whom such claim was made; (b) a description of each injury or damage which was the subject of each such claim; (c) the name and address of the tribunal where such claim was filed, the title of the cause, case or claim and the number assigned by the tribunal to such cause, case or claim; (d) the name and address of the insurer affording coverage applicable to said claim and the claim number assigned to said claim; (e) the date and manner in which you suffered the injuries or damage giving rise to such claim; and (f) the date and amount of money paid, if any, to settle or otherwise satisfy said claim. ANSWER: 12. Have you ever suffered any injuries in any accident, either prior or subsequent to the incident referred to in the. Complaint? If so, provide: (a) the date, time and place of the accident; (b) a detailed description of the manner in which the accident occurred; (c) the names and addresses of all physicians, hospitals or health care providers who rendered any treatment to you; (d) the nature of any injuries sustained; (e) the extent of recovery; and (f) the nature of any compensation received. ANSWER: 13. State in detail the nature of the injury or injuries you allege that you suffered as a result of the incident referred to in the Complaint and with respect thereto, indicate the extent and nature of any disability, the location of pain suffered and duration and intensity of such pain, and whether you suffered restraint of your normal activities due to the injuries including the nature of such restraint and the date(s) of such restraint. ANSWER: 14. If you received any treatment with respect to the injuries allegedly suffered, state: (a) the name and address of each physician, hospital or health care provider in which you were treated or admitted; (b) the dates on which said treatment was rendered, including the dates of entry and discharge into and from said hospital or hospitals; (c) describe the services rendered by each of the physicians, hospitals or health care providers listed above; (d) itemize the cost and expenses of all treatment received. ANSWER: 15. Since the date of the incident referred to in your Complaint, have you been treated by or examined by, or conferred with any other physician, surgeon, osteopath, chiropractor, or medical or dental practitioner of any type whatsoever whose name you have not heretofore supplied? If so, indicate: (a) the name and address of each medical practitioner of any type who has examined, treated, conferred or consulted with you; (b) the date of such examination, treatment or consultation; and (c) the condition for which said treatment was provided. ANSWER: 16. Have you sustained any loss of wages, financial loss or diminution in earning capacity as a result of the incident complained of? If so, describe the nature and amount of such loss or losses. ANSWER: IT If you have incurred any medical bills or expenses of any kind in connection with the alleged injuries not heretofore listed, state the person with whom such bill was incurred, the amount of such bill and the service or thing for which the bill was rendered. ANSWER: 18. If you are still receiving medical service or treatment or any nature whatsoever, state the name(s) or the person(s) attending you, the approximate frequency of said treatment or service and the date you last received said treatment or service. ANSWER: 19. Have you consulted in the past 10 years with any physician, hospital or health care provider for any illness, injury, surgical procedure, hospitalization or institutional confinement? If so, state: (a) the name and address of the physician, hospital or health care provider with whom you consulted or were treated; (b) the dates of such consultation; and (c) the nature of the illness, injury or ailment for which the consultation was sought. ANSWER: 20. Do you have a family physician or other health care provider with whom you consult for general physical or mental complaints? If so, provide the name and address of such family physician or health care provider? ANSWER: 21. Have you ever been involved in a motor vehicle accident other than the incident referred to in the Complaint? If so, provide, for each accident: (a) the date of the accident; (b) the state, county and city, township or borough where the accident occurred; (c) the names and addresses of all operators of other motor vehicles involved in the accident; (d) a description of the accident; (e) the nature of any injuries sustained; (0 the names and addresses of all health care providers who treated you for any injuries; and (g) the identity of the police force that investigated the accident. ANSWER: 22. List all hobbies and forms of recreation in which you have participated in the last ten (10) years. ANSWER: 23. Identify by name and address of owner and by the make, model and year, each vehicle known or believed by you to have been involved, directly or indirectly, in the accident referred to in the Complaint. ANSWER: 24. State in detail the manner in which you assert that the incident referred to in the Complaint occurred, specifying the speed, position, direction and location of each vehicle involved during its approach to, at the time of, and immediately after the collision. ANSWER: 25. List the names and addresses of all person known or believed by you or any person acting on your behalf, to have firsthand knowledge of the facts and circumstances of the incident or of the events leading up to or following the incident. ANSWER: 26. List the names and addresses of all persons, including potential expert witnesses, from whom you or anyone acting on your behalf has obtained any information and/or statements as to how the incident happened or the cause of the incident. ANSWER: 27. State the full name and last known address, giving the street, street number, city and state of every witness known to you, or to your attorneys, or representatives, who claim to have seen or heard any party to this action make any statement or statements pertaining to any of the events or happenings which is the subject of this suit. ANSWER: 28. Provide the name and address of each person who you know or believe conducted an investigation concerning the incident referred to in the Complaint. ANSWER: 29. At the time of the incident referred to in your Complaint, did you have any condition for which you wore eyeglasses, or for which eyeglasses had been prescribed for you, and if so, state whether you were wearing eyeglasses at the time of the incident referred to in the Complaint. ANSWER: 30. Were you ever charged for any violation of the motor vehicle or traffic laws or ordinances of any state or municipality arising out of the incident referred to in your Complaint? If so, state by whom and before whom you were charged and the disposition of the charge. ANSWER: 31. If you intend to call any technicians or experts (including medical experts) as witnesses during the trial of this action, please state with respect to each such technician or expert: (a) his name, address, and the professional occupation and field in which he is an expert (you may attach his curriculum vitae); (b) the subject matter on which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; (c) if the opinion is based upon a medical or scientific rule or principle, or is based upon any code, regulation, standard (governmental or otherwise) or is based upon any scientific, medical or engineering textbook or publication, identify the scientific or medical rule or principle, code or regulation or scientific, medical or engineering textbook or publication; (d) whether any of the experts were compensated for their work and efforts in connection with this action and, if so, state how much the expert is to be paid, whether he has already been paid, and if not, when he will be paid. ANSWER: 32. Have you ever applied for insurance and/or no-fault benefits as a result of the injuries sustained in this accident? If so, state: (a) the name and address of the insurance carrier to whom you have applied; (b) the adjuster or claims person handling the file; (c) the applicable claim(s) number; (d) whether any part of your claim has been rejected. ANSWER: CERTIFICATE OF SERVICE I hereby certify that on this date I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: William P. Douglas, Esquire 27 West High Street P. O. Box 261 Carlisle, PA 17013-0261 CALDWELL & KEARNS By: ?M G7 / t Dated: 6,r/L C? ? f y U J EXHIBIT B JOHN VAYONOS IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-4470 KYLE HARDENBROOK Defendant : CIVIL ACTION - LAW JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF, - FIRST REQUEST TO: John Vayonos c/o William P. Douglas, Esquire 27 West High Street P. O. Box 261 Carlisle, PA 17013-0261 PLEASE TAKE NOTICE THAT PURSUANT TO Pa. R.C.P. 4009, you are required to famish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials enumerated below concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. This request should be deemed continuing, and any response should be supplemented upon receipt of additional information. The entire contents of any investigation file(s) and any other documentary material in your possession which support or relate to the allegations contained in Plaintiff's Complaint (excluding references to mental impressions, conclusions or opinions representing strategy or tactics and privileged communications from and to counsel). 2. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the accident or any instrumentality involved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports of any and all experts who will testify at trial. 6. Any and all medical records, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Plaintiff, as well as the treatment of any similar injuries prior or subsequent to the occurrence in question. 7. All Federal tax returns and W-2's for the five (5) years prior to the accident or incident and for all years up until the time of trial. All documents, not responsive to any of the above requests, which relate in any way to any claimed injuries, losses or damages. 9. All documents or exhibits which you intend to offer at the trial of this matter. BY: McGuire, Esquire LD. #73617 Attorneys for Defendant 3631 North Front Street Dated:?y Harrisburg, PA 17110 717-232-7661 CERTIFICATE OF SERVICE AND NOW, this day of u+ti? , 2004, I hereby certify that I have served a copy of the within document on the followin depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: William P. Douglas, Esquire 27 West High Street P. 0. Box 261 Carlisle, PA 17013-0261 CALDWELL & KEARNS By: 03-794/68347 EXHIBIT C CALDWELL & KEARNS JAMES R. CLIPPINGER CHARLES J. DEHART. III JAMES D CAMPBELL. JR. JAMES L. GOLDSMITH JEFFREY T. MCGUIRE' STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN RAY J. MICHALOWSKI 'ALSO A MEMBER OF NJ BAR William P. Douglas, Esquire Douglas Law Office 27 West High Street Carlisle, PA 17013-0261 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 April 19, 2004 OF COUNSEL RICHARD L. KEARNS CARL G. WASS THOMAS D. CALDWELL. JR. 119 2 8-2 0011 717-232-7661 FAX'. 717-232-2766 thefirm@caidwelikearns.com Re: Vavonos vs. Hardenbrook Dear Bill: I forwarded discovery to you on February 4`h and have not yet received your responses. Please provide your responses immediately, or let me know when I can expect the responses. I would rather not have to file a motion to compel at this point. Very truly yours, DICTATED BUT NOT READ Jeffrey T. McGuire CALDWELL & KEARNS JTM:dIj 03-794/71630 EXHIBIT D IERRS R. IJ UFFIL OF COUNSEL RIrnARP W. STEWART I loft I p_ COI{>IAwi C Roy' W[mDNER: iF. F. Lrcl;IUCaI:?rl Y,I iT VAAL,M) G. MY! RS I)1JIU W DTI UC[! L A W O F F 11. 1Sadn n d tl unlc IUH, A ST,I' LR JOHNSON JEFFERSON I SI IIPMAN h 41 , 11. Il I I( FIT. IR. loom C_ DI I. i, DUFFIE ?un1 R.NItios6r MICHAEL J. C ASSIM WIifcTis,I. 'V,,. 2 MELISSA PI [ I GREEVI' ' MAiLw(?m •+jd.aw.cmn ROEEIn M. W;16REli June 3, 2005 WAGE D. MANE 17) William P. Douglas, Esq. 27 West High Street Carlisle, PA 17013-0261 Re: Vayonos v. Hardenbrook Cumberland County C.C.P. Docket No. 03-4470 Dear Mr. Douglas: Please be advised that the above-referenced matter has been transferred to this firm for future handling. My review of the file forwarded to us by prior counsel reveals that a set of interrogatories and requests for production of documents were forwarded to your attention on February 4, 2004, for answers and responses by your client. The file does not appear to contain answers or responses to either of the discovery requests. I do note that on April 19, 2004 prior counsel notified you that he had not yet received your client's answers to the discovery requests, and requested that you advise him as to when he may expect those responses. If my review of the file is inaccurate and your client did in fact answer prior counsel's discovery requests, please accept my apologies in advance, and if you would be so kind, please forward me a copy of those answers and responses maintained in your file. If your client has not yet answered those discovery requests however, contact me upon receipt of this letter to advise me as to when we may expect to receive those answers and responses. If you have any further questions or concerns in regard to the above-referenced matter, please feel free to contact me directly. Very truly yours, JO NSON, DUFFIE, STEWART & WEIDNER rd? 7)' Wade D. Manley csj:252136 13806-24 cc: Daniel Wyche, Geico (Claim No. 0045221100101046) Mark A. Hardenbrook 301 MARKE1 STREET PO. BOX 109 LPMOYNE, PENNSYLVANIA 1704)-0100 WWWJDSWCONI 717.701 440 PdX 717 (,1 -,()1-) MAIL JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. EXHIBIT E JERRY R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER, IR_ EDMUND G. MYERS DAVID W_ DELUGE JOHN A.STATLER JEFFERSON J. SHIPMAN RALPH H. WRIGUT.IR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY William P. Douglas, Esq. 27 West High Street Carlisle, PA 17013-0261 L A W O F F I C E S JOHNSON DUFFIE August 22, 2005 Re: Vayonos v. Hardenbrook Cumberland County C.C.P. Docket No. 03-4470 Dear Mr. Douglas: OF COUNSEL HORACEA. JOHNSON F LEE SHIPMAN BR CE I. GROSSMAN` 'a i ed in NY nnk, VC RI"I9;R 11'.S"i. fVu.l S2 F-.Ya.?lLwdm (I v,,xun On February 4, 2004, you were served with a request for production of documents and interrogatories, responses to which were to be received by prior counsel within 30 days of the date of service. As of this date, I have not received answers to the interrogatories or to the request for production of documents. Please be advised that if I do not receive answers to the interrogatories and the documents requested in the request for production within 15 days of the date of this letter, I will file a motion to compel. If you have any difficulties, please do not hesitate to give me a call. I am willing to grant a reasonable (but defined) extension, but I have received no request from you to date. If I am unavailable, please feel free to speak with my legal assistant, Carleen Jensen. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER csj:256875 Wade D. Manl y 13806-24 cc: Daniel Wyche, Geico (Claim No. 0045221100101046) 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE AND NOW, this /10d - day of October, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William P. Douglas, Esq. 27 W. High Street P O Box 261 Carlisle, PA 17013-0261 JOHNSON, DUFFIE, STEWART & WEIDNER By: A, L -, ? Carl S. Jensen 77 T . Johnson, Duff is, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 67244 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JOHN VAYONOS V. Plaintiff KYLE HARDENBROOK, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 03-4470 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; 3) No objection to the subpoenas has been received; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. By: Wade D. Man y, s uire Attorney I.D. No. 4 301 Market Street DATE: /,? I?.7'?-•r? P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Johnson, Duff ie, Stewart& Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JOHN VAYONOS v. Plaintiff KYLE HARDENBROOK, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 03-4470 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: John Vayonos, Plaintiff c/o William P. Douglas, Esquire Douglas Law Offices 27 West High Street Carlisle, PA 17013-0261 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By. 1ti3c?A b ? a Wade D. Manl y, - uire Attorney I.D. No. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN VAYONOS, VS. KYLE HARDENBROOK, Defendant Plaintiff File No. 03-4470 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland Valley Neurosurgical Consultants, 764 Lincoln Way East, Chambersburg, PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to John Vayonos; Date of Birth: 07/07/1947; Social Security No.: 162-50-9986. at Wade D. Manley. Esquire, Johnson, Duffle, Stewart & Weidner. 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: Wade D. Manley, Esquire, Johnson Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street TELEPHONE: (717) 7614540 SUPREME COURT ID # 87244 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN VAYONOS, vs. KYLE HARDENBROOK, Defendant Plaintiff File No. 03-4470 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shippensbure Family Practice 46 Walnut Bottom Road Shippensburg PA 17257 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to John Vayonos; Date of Birth: 07/07/1947; Social Security No.: 162-50-9986. at Wade D Manley Esquire Johnson Duffie Stewart & Weidner, 301 Market Street Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: Wade D Manley Esquire Johnson Duffie Stewart & Weidner P.C. ADDRESS: 301 Market Street Lemoyne PA 17043 TELEPHONE: (717) 7614540 SUPREME COURT ID # 87244 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN VAYONOS, vs. KYLE HARDENBROOK, Defendant Plaintiff File No. 03-4470 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersbure Imaeine Associates. P.C., Radioloev Department, Chambersburg Hospital, 112 North 7`h Street Chambersbure PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MR] reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to John Vayonos; Date of Birth: 07/07/1947; Social Security No.: 162-50-9986. at Wade D Manley, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemovne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Wade D. Manley. Esquire, Johnson. Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street TELEPHONE: (717) 761-4540 SUPREME COURT ID # 87244 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN VAYONOS, vs. KYLE HARDENBROOK, Defendant Plaintiff File No. 034470 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Health Information Department, Chambersburg Hospital, Outpatient - Physical Therapy, 112 N. 7`h Street ChambersburQ PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to John Vayonos; Date of Birth: 07/07/1947; Social Security No.: 162-50-9986. at Wade D. Manley, Esquire. Johnson, Duffle, Stewart & Weidner, 301 Market Street Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: Wade D. Manley, Esquire, Johnson. Duffie Stewart & Weidner, P.C. ADDRESS: 301 Market Street TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN VAYONOS, VS. KYLE HARDENBROOK, Defendant Plaintiff File No. 03-4470 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Firemans Fund Insurance 9690 Deereco Road Suite 400, Timonium MD 21093 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all documents including entire benefits file, insurance records, all memoranda, reports, statements, medical records, phone messages, adjuster notes, expert reports, policy information and any other information pertaining to John Vayonos; Date of Birth: 07/07/1947; Social Security No.: 162-50-9986; File No.: 01X27554. at Wade D Manley, Esquire, Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Wade D. Manley. Esquire, Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street TELEPHONE: (717) 761-4540 SUPREME COURT ID # 87244 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN VAYONOS, VS. KYLE HARDENBROOK, Defendant Plaintiff File No. 03-4470 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Amerihost, 2400 E. Devon Road Des Plains, IL 60018 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all documents including entire benefits file, insurance records, all memoranda, reports, statements, medical records, phone messages, adjuster notes, expert reports, policy information and any other information pertaining to John Vayonos; Date of Birth: 07/07/1947; Social Security No.: 162-50-9986. at Wade D. Manley. Esquire, Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Wade D. Manley, Esquire, Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street TELEPHONE: (717) 761-4540 SUPREME COURT ID # 87244 ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this 99 d y of 01U? I i? r JP t? 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William P. Douglas, Esquire Douglas Law Offices 27 West High Street Carlisle, PA 17013-0261 JOHNSON, DUFFIE, STEWART & WEIDNER By: I ? t& i? Elizabeth L. Ziegle CERTIFICATE OF SERVICE ?? / AND NOW, this day of /_/F CE iL7 ?Jer' 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William P. Douglas, Esquire Douglas Law Offices 27 West High Street Carlisle, PA 17013-0261 JOHNSON, DUFFIE, STEWART & WEIDNER By: Eli, ?beth L. Ziegler' ?, ?;? _ ` Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JOHN VAYONOS, Plaintiff V. KYLE HARDENBROOK Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. : CIVIL ACTION - LAW NO. 03-4470 JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Wade D. Manley, counsel for the Defendant in the above action respectfully represent that: 1. The above-captioned action is at issue. 2. The claim of the Defendant in the action is unliquidated, and by Plaintiff's failure to respond to the correspondence of September 11, 2007, attached hereto as Exhibit A, Plaintiff has stipulated his claim is under arbitration limits. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Wade D. Manley for Defendant and William P. Douglas for Plaintiff. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ?? - Wade nley Attorne or Defendants :312859 JERRY R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFLE JOHN R. NINOSKY MICHAEL J. CASSIDY GUW MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY KAITH D. SNOVER L A W O F F I C E S LY Y BONANNO JOHN'S"ON HORACE A. C HNS EL DU FFIE FLEES INN (1965-2006) G'1'fi1TP;i;'? 1,.,vi,. No .122 F:-N! A31 s? d In IIislv_c!rm William P. Douglas, Esq. 27 West High Street Carlisle, PA 17013-0261 September 11, 2007 Re: Vayonos v. Hardenbrook Cumberland County C.C.P. Docket No. 03-4470 Dear Bill: To date, I have not received any response from you with regard to the settlement offers previously forwarded to your office in March and June of this year. Therefore, in order to move this matter forward, I am prepared to list this matter for an Arbitration Hearing at the next available opportunity. Please notify me with any response you may have to my intentions within ten (10) days of the date of this letter, otherwise I will assume you are in agreement with this action and I will file the appropriate Praecipe. I look forward to hearing from you in this regard. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER W-L Z. y f? Wade D. Manley ?'r( WDM:csj:309732 13806-24 cc: Penny Hudson (Claim No. 0045221100101046) 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFI CA TE OF SERVICE AND NOW, this I t?day of October, 2007, the undersigned does hereby certify that she did this date serve a copy of the within Petition for Appointment of Arbitrators upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William P. Douglas, Esq. 27 West High Street Carlisle, PA 17013-0261 By: Carl en Jensen cn OD I JOHN VAYONOS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff V. CIVIL ACTION - LAW KYLE HARDENBROOK : NO. 03-4470 Defendant : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this rAday of 2007, in consideration of the foregoing petition, the following are appointed arbitrators in the above-captioned action: BY T OUR ? ? G J. N e P. 1os b/, p riL Jerry Babson, SCLA, Auto Medical Unit Manager National Grange Mutual Insurance Co. P.O. Box 4828 220 Salina Meadows Pkwy Syracuse, NY 13221 Affidafit The undersigned hereby states that the claim file requested via Subpoena To Attend and Testify dated December 6, 2007 is not deliverable as the records associated with this plaintiff) are missing and presumed destroyed at National Grange Mutual Insurance Company. )John Vayanos Plaintiff, vs. jKyle Hardenbrook Defendants PHYWS I PICKARD Notary Pd* In the State of New York QuaN al In Onondaga County No. 01 PI6143= IVComrrrj W EVMApr)10, 20L_ In the Civil Court of the State of Pennsylvania County of Cumberland File No: 03-04470 Civil Term Dated this 13th day o December, 2007 9ut y Sabson, SCLA - 1 medical Unit Mgr National Grange Mutual Insurance Co. P.O. Box 4828 Syracuse, NY 13221 AP COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN VAYAPOS VS. KYLE HARDENBROOK r a . r 9 A F f a a Fil N il T 03-04470 Ci d e o. v eri , f ztsfz ar,a f 3 a J a a f t ;F r a .= A , } f [ 9 T , a ' f 3 a , F a • a $ I t s p f f , , SUBPOENA TO ATTEND AND TESTIFY ' f TO: Dottie Ambriati at National Grange Mutual Insurance Company Sal n ramnnemnnd Dr, vP , Syrap, NY 11921-4928 s a , as A 3 f tl f 3 f t , .? f fa,! a ? +?f? !a! , ! i i i!!i? i ? • i ? ? i 1. You are ordered by the court to come to he old Cumberland Count Courthouse, 2nd floor hearing room , L6& (Specify Courtroom or other place) at Carlisle Cumberland County, Pennsylvania, on December 14, 2007 at 1: 30 o'clock, P K. to testify on behalf of Kyle Hardenbrook, Defendant in the above case, and to remain until excused. 2. And bring with you the following: All first party records relating to John Vayonos, DOL: 9/14/01; Claim No. 01X27554 including but not limited If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Mule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. RF.QTIF..STFT) BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: Kelly L. Bonanno v o? ?? L? _ 6 d Address: 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 Telephone: (717) 761-4540 Supreme Court 1D # 200811 BY THE TJRT: Prothonotary/Clerk, i ' vision AI I l ?- Seal of the Court _ L - Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234.1. 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W N N N I-- N I? C37 ?.G F-+ F- 00 V I--- CT rn 3 I---• N Z (] F? F? r1 r m -C7 r3 "??. ? ??' ...? s" ? 1 'Y r ? ??? ? ? t5. Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania NoA,3 - Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office fidelity. Signature i // N Signature kk,,?L4 "Iz?-AA i I IrU Name (Chairman) Name / Name `44,1 0gVIJ v? ?wk,'I*- K L-1 vw 9/C]4/-f Lawn= Law Firm J'' Law Firm i !? (? M,%, xw N . zt_ 6teAT-r Adams- Address Address t 7a5 '`CtitY? zip Cfty, zip l t /8959 aol?g # /Coza Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Notice of Entry of Award Now, the 17"' day of &'ember,j 20.07 , at - 4:00 L _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ SQ . Ue By: Pro onotary Deputy . Arbitrator, dissents. (Insert name if applicable.' C:> Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. C'f Civil Action - Lew. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office v 'th f delity. Signature _ ., _ ? - igna a signature Name ('Chairman) Law Firm Address SLI , N4 City, zip ( ( , Name C?ibl) Firm Address 7C'j f,4 \qtF, zip Name Law Firm Address t44'\"-I) > i l_ t. ,'''4 1 7 Q ! I ,City, zip t 18959 # /003A ? Award ? ao11? We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) N 4, . Arbitrator, dissents. (Insert name if applicable.) ??. - ;ate Date of Hearing: i , J? ?_ Chairman) 4 1*1 Date of Award: - ` - u Nodee of Entry of Award - ? ti ?l Now, the _(7f_ day of JQeCember- 20_xat 4'00 , P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ??S,5p . pp 412 By: Pro onotary Deputy allies W'?d ky8? En- P bov. OC6 0• wail L 1.71o - am prop- C) p ..: rn -2 3 C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA John Vayonos Plaintiff Vs File No. 03-4470 Civil Term Kyle Hardenbrook Defendant NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that John Vayonos appeals from the award of the board of arbitrators entered in this case on December 17, 2007 A jury trial is demanded . (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (2) application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) Appellant or Attorney of Appe t Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(6). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. r ?p - +? Cj 7 n Q 'Si D : .may ....! Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JOHN VAYONOS, Plaintiff V. KYLE HARDENBROOK Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 03-4470 : JURY TRIAL DEMANDED DEFENDANT'S DEMAND FOR JURY TRIAL TO THE HONORABLE, THE JUDGES OF SAID COURT: As evidenced by the Praecipe to Enter Appearance for the Defendant, Kyle Hardenbrook, attached hereto for reference as Exhibit A, that was filed by the office for the undersigned attorney, the Defendant seeks to reiterate his demand for a jury trial as previously and repeatedly demanded via filings with this Court in accordance with Pa. R.C.P. 1007.1. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ? A?\ Wade and y Attorney r De ndants :322587 CERTIFICATE OF SERVICE AND NOW, this '0"day of January, 2008, the undersigned does hereby certify that she did this date serve a copy of the within Petition for Appointment of Arbitrators upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William P. Douglas, Esq. 27 West High Street Carlisle, PA 17013-0261 &)Mop By: Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com JOHN VAYONOS, Plaintiff V. Attorneys for Defendant Kyle Hardenbrook IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4470 n ° a KYLE HARDENBROOK, C Defendant :JURY TRIAL DEMANDED ? - 7- c:: s PRAECIPE -4 Pn TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 55: C: W - 4 A Please enter the appearance of John A. Statler, Esquire, of Johnson, Duffle, idner, wal& P.C. as counsel for Defendant Kyle Hardenbrook in this case Please withdraw the appearance of Jeffrey T. McGuire, Esquire and Caldwell & Kearns, P.C. as counsel for Defendant Kyle Hardenbrook in this case. JO DUFFIE, STEWART & WEIDNER ay: John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Kyle Hardenbrook DATE: (e /4 16 7-- CALDWEL)?,& KEARNS, P.C. By: J McGuire, Esquire 73617 3631 North Front Street Harrisburg, PA 17110 Telephone: (717) 232-7661 :251614 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon ail parties or counsel of record by depositing a copy of same in thy United States Mail at t Lemoyne, Pennsylvania, with first-class postage prepaid on the 3 day of W `9- 2005, addressed to the following: William P. Douglas, Esquire Douglas Law Offices 27 West High Street Carlisle, PA 17013-0261 Jeffrey T. McGuire, Esquire Caldwell & Kearns, P. C. 3631 North Front Street Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, e Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Kyle Hardenbrook C Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JOHN VAYONOS, V. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-4470 CIVIL TERM KYLE HARDENBROOK, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PETITION FOR A STATUS CONFERENCE AND NOW, this Ve day of August, 2008, comes the Defendant, Kyle Hardenbrook, through his attorneys Johnson, Duffie, Stewart & Weidner, P.C., and files the following Petition to Schedule a Status Conference and in support thereof avers as follows: 1. The instant case concerns a motor vehicle accident where the Plaintiff claims that personal injuries resulted. 2. A Complaint was filed in this matter on or about December 19, 2003. 3. Defendant filed an Answer with New Matter on or about January 26, 2004. 4. Plaintiff filed a Reply to New Matter on January 28, 2004. 5. On December 17, 2007, an award was entered following and Arbitration hearing held on December 17, 2007, from which the Plaintiff appealed. 6. The Defendant demanded a jury trial. r 7. The Defendant has attempted to contact Plaintiffs counsel to finalize outstanding issues of document production and damages without a response. 8. A status conference is requested to set deadlines for document production and finalization of damages and to set a date for trial. 9. Currently, neither party has requested a jury trial. 10. No judge has been assigned to this matter nor made a ruling related to this matter. 11. Plaintiff's counsel has concurred in this Motion. WHEREFORE, the Defendant, Kyle Hardenbrook, respectfully requests that this Honorable Court enter an Order scheduling a status conference. JOHNSON, DUFFIE, STEWART & WEIDNER pi ? 4?? B y Wade D. a ley ID No. 87N4 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant A F CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, via first class mail, postage prepaid, in Lemoyne, Pennsylvania, on the SL?day of August, 2008. William P. Douglas, Esquire Douglas Law Office 43 West South Street P.O. Box 261 Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER :341090 13806-24 By: Mkhelle- H. Spangler c"? Yy` ? y 77 Al 1r, 2 5 2008 . JOHN VAYONOS, Plaintiff V. KYLE HARDENBROOK, Defendant IN THE COURT OF C MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4470 CIVIL TERM CIVIL ACTI N - LAW JURY TRIAL EMANDED ORDER OF COURT AND NOW, this C ! ay of 2008, upc Petition for a Status Conference and any response thereto, a Status scheduled for l p , 2008 at .rA .M. at tl Courthouse in Judge's Chambers. consideration of the ,onference is hereby Cumberland County J. 7 I C 0 tad OZ 9nv goon :lHi JO JOHN VAYONOS, Plaintiff V. KYLE HARDENBROOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4470 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 19th day of September, 2008, it is hereby ordered that: 1. The Plaintiffs shall provide to Defendant a complete list of itemized damages they are seeking recovery for with a specific damage amount claimed for each item no later than 30 days from today's date. 2. The parties shall exchange complete lists and copies of pre-marked exhibits no later than 45 days from today. 3. Deadlines for Motions in Limine shall be set at the pretrial conference. B Edward E. Guido, J. William P. Douglas, Esquire For the Plaintiff V /'Wade D. Manley, Esquire For the Defendant srs nop f'ES m ? c LUL 1 ?' f a a.?o8 ?n'1 vIN i „ . 9Z .8 WV ZZ 83S SON PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (X) for JURY trial at the next term of civil court ( ) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) JOHN VAYONOS, VS. (Plaintiff) KYLE HARDENBROOK, (Defendant) (check one) ( ) Civil Action - Law (X) Appeal from Arbitration (other) The trial list will be called on October 21, 2008. Pre-trials will beheld on October 29, 2008. (Briefs are due S days before pre-trials.) Trials commence on November 17, 2008. No. 2003-4470, Civil Term Indicate the attorney who will try case for the party who files this praecipe: Wade D. Manley, Johnson Duffie, P.O. Box 109, Lemoyne, PA 17043-0109 Indicate trial counsel for other parties if known: William Douglas Douglas Law Office, 43 West South Street, PO Box 261, Carlisle, PA 17013 This case is ready for trial. Date: September 25, 2008 1 "'nx Signed: 11 _ /V Print Name: Wade Manl Attorney for Defendant :345654 C7 ? V ? 1Elt. ? ?.t" NJ #16 JOHN VAYONOS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KYLE HARDENBROOK, Defendant 03-4470 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 21st day of October, 2008, upon consideration of the call of the civil trial list, and no counsel having called the above-captioned case for trial, it is stricken from the trial list. William P. Douglas, Esquire 27, West High Street Carlisle, PA 17103 For Plaintiff ? Wade Manley, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For Defendant Court Administrator - 00 CMG C??.? FY ? :mae t Pat rm,,? t LL By the Court, 21 .G Ir!J L 83 0 Z Johnson, Duffie, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JOHN VAYONOS v. Plaintiff KYLE HARDENBROOK, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO. 03-4470 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; 3) No objection to the subpoenas has been received; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. By: a,, Wad D. a ley, Esquire Attorney . D. o. 87244 301 Mar et treet P.O. Box 09 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: ~~ ~,1(,~ Attorneys for Defendants Johnson, Duffie, Stewart 8~ Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JOHN VAYONOS v. Plaintiff KYLE HARDENBROOK, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO. 03-4470 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: John Vayonos, Plaintiff c/o William P. Douglas, Esquire Douglas Law Offices 27 West High Street Carlisle, PA 17013-0261 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER Uv By: Wade D. M ley, squire Attorney I. . No. 8 244 301 Marke Street P.O. Box 10 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: N ~ ~ ~ oq COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN VAYONOS, vs. KYLE HARDENBROOK, Defendant Plaintiff File No. 03-4470 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orrstown Bank, 121 Lur~~an Avenue, Shippensburg PA 17257 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all records for 2001 and 2002 including but not limited to bank statements and copies of checks deposited or cancelled for the account of John Vayonos; Date of Birth: 07/07/1947; Social Security No.: 162-50- 9986. at Wade D. Manley, Esquire, Johnson Duffle Stewart & Weidner 301 Market Street Lemoyne PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20} days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Wade D. Manley, Esguire,.Johnson, Duffle Stewart & Weidner P.C ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN VAYONOS, vs. KYLE HARDENBROOK, Defendant Plaintiff File No. 03-4470 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: Orrstown Bank, 77 East Kine Street Shippensburg PA 17257 (Name of Person or Entity} Within twenty (20} days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all records for 2001 and 2002 including but not limited to bank statements and copies of checks deposited or cancelled for the account of John Vayonos; Date of Birth: 07/07/1447; Social Security No.: 162-50- 9986. at Wade D. Manley, Esquire, Johnson, Duffie Stewart & Weidner 301 Market Street Lemoyne PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON.• NAME: Wade D. Manley, Esquire Johnson Duf~e Stewart & Weidner P C ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # ATTORNEY FOR: Defendant By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this ' ~' day of ! ~ '~ yl _, 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William P. Douglas, Esquire Douglas Law Offices 27 West High Street Carlisle, PA 17013-0261 JOHNSON, DUFFIE, STEWART & WEIDNER By: u iz eth L. i~g r CERTIFICATE OF SERVICE AND NOW, this ~~ day of ~~~~ ~~~~czQf, 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William P. Douglas, Esquire Douglas Law Offices 27 West High Street Carlisle, PA 17013-0261 JOHNSON, DUFFIE, STEWART & WEIDNER B :<~ `~.. Y Eliza t L. Ziegler ~. , I~~- 7ry r ~ A ~V _;; r .. r , .~, 2!'~~30rC -I r~1 ~~ ? 1 ~t ~ n_ V ' :~ i t;~~"1 20IJ,~„~J 2~ l ~~ 2 Johnson, Duffie, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JOHN VAYONOS v. Plaintiff KYLE HARDENBROOK, Defendant Attorneys for Defendant ~~ 'av IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO. 03-4470 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of Wade D. Manley, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendant Kyle Hardenbrook in the above-captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade D. Manl y, Esquire Attorney I.D. 7244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: ~ ~ tr,E(~b 386046 13806-24 Joseph R. D'Annunzio, Esquire I.D. No. 23384 LAW OFFICE OF JOSEPH R. D'ANNUNZIO 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 717-901-5002 717-901-5012 (Fax) jdannunzio@geico.com ~'t ~,~- 1 ,~ ~~ ;v;,. ~ ~ '~ ~'_-~T~ '/1i~b~ xitl r°. ~' , u• C,; k~ti~ I /,~f ~,~y .7~ 'ter.- ., Attorney for Defendant, Kyle Hardenbrook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN VAYONOS, Plaintiff NO. 03-4470 v. KYLE HARDENBROOK, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Kyle Hardenbrook, in the above-captioned matter. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: ~~ ~ ~ ~~L ~ z.~ ~~ BY: ~ ~. C~`G~---v Joseph R. D'Annunzio, Esquire Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street P O Box 261 Carlisle, PA 17013 Date: ~ ' a ~- ~ 4 -,~- Roxanne Weller .. . BY. Joseph R. D Annunzio Law Office ofjoseph R. D Annunzio Identification No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17110 (717) 901-5002 Fax: (717) 901-5012 Attorney for Defendant, Kyle Hardenbrook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN VAYONOS, Plaintiff V. KYLE HARDENBROOK, Defendant To: Plaintiff John Vayonos Care of. William P. Douglas, Esquire Douglas Law Office 43 West South Street P.O. Box 261 Carlisle, PA 17013 NOTICE TO PLEAD NO. 03-4470 {T rZ ex? -4 s- t? ZG r fi wf CIVIL ACTION - LAW JURY TRIAL DEMANDED You are hereby notified to file a written response to the enclosed Motion for Settlement Conference, pursuant to Pa R.C.P.1031.1, within twenty (20) days from the date of service hereof or a judgment may be entered against you. Date: August 4, 2011 BY: A Z,A Joseph R. D'Annunzio, Esquire Attorney Identification No.: 23384 Attorney for Defendant, BY. Joseph R. D Annunzio Law Office of Joseph R. D Annunzio Identification No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17110 (717) 901-5002 Fax: (717) 901-5012 Attorney for Defendant, Kyle Hardenbrook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN VAYONOS, Plaintiff NO. 03-4470 V. CIVIL ACTION - LAW KYLE HARDENBROOK, JURY TRIAL DEMANDED Defendant MOTION FOR SETTLEMENT CONFERENCE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Kyle Hardenbrook through his attorney Joseph R. D'Annunzio Esquire comes now and requests that this Honorable Court schedule a settlement conference in this matter. In support of this motion your movant states the following: 1. The Plaintiff is John Vayonos and the Plaintiff is represented by William P. Douglas, Esquire. 2. The Defendant is Kyle Hardenbrook and the Defendant is represented by Joseph R. D'Annunzio, Esquire. Counsel entered his appearance as attorney for the Defendant on January 25, 2010 after Wade D. Manley, Esquire withdrew his appearance. 3. This matter is currently on appeal from an award of a board of arbitrators that was entered on December 17, 2007. The Plaintiff took an appeal from the award. 4. Since the time that counsel has entered his appearance for the Defendant he has communicated by letter and by telephone with the office of the counsel for the Plaintiff seeking to discuss the case with the hope of an amicable resolution or settlement. Despite his best efforts, counsel for the Defendant has been unable to resolve the case. 6. Your movant believes that the intervention of this Honorable Court is necessary and that this case can be settled if a settlement conference is ordered by the Court. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure 212, Kyle Hardenbrook through his attorney, Joseph R. D'Annunzio, Esquire, asks that this Honorable Court schedule a settlement conference in an effort to resolve this matter. As part of the order the movant requests that this Honorable Court order counsel to appear and will have authority to bind their clients. RESPECTFULLY SUBMITTED: Date: August 4, 2011 BY: A?- ?? J seph R. ,'Annunzio, Esquire Attorney Identification No.: 23384 Attorney for Defendant, Kyle Hardenbrook x. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: To: Plaintiff John Vayonos Care Of. William P. Douglas, Esquire Douglas Law Office 43 West South Street P.O. Box 261 Carlisle, PA 17013 Date: I h /I I Kirs en M. Settle ?' y 1 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN VAYONOS, Plaintiff NO. 03-4470 V. CIVIL ACTION - LAW ?. C p KYLE HARDENBROOK, JURY TRIAL DEMANDEBa "" == - t Defendant -^? M ? r n Crj ORDER AND NOW, this day of '2011, a settlement == conference is hereby ordered in this matter. The conference will take place before the undersigned in his chambers on the l q 4` , day of , ?olla,--t- 3` b01 .,m Counsel for the parties are hereby ordered to attend this conference. Counsel for the Defendant, Kyle Hardenbrook, is to have the insurance representative who is responsible for the handling of this case available by telephone during this conference. Counsel for the Plaintiff is ordered to have his client available by telephone during the conference. B E COURT- J. For the Plaintiff: ? William P. Douglas, Esquire Douglas Law Office 43 West South Street P.O. Box 261 Carlisle, PA 17013 Distribution List: /For the Defendant: Joseph R. D'Annunzio, Esquire l Law Office of Joseph R. D'Annunzio 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 BY. Joseph R. D'Annundo Law Office ofjoseph R. D Annunzio Identification No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17110 (717) 901-5002 Fax: (717) 901-5012 Attorney for Defendant, Kyle Hardenbrook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN VAYONOS, Plaintiff V. KYLE HARDENBROOK, Defendant NO. 03-4470 C? c -a3 rnw xrn r-? C ? ZQ 5C7 z CIVIL ACTION - LAW N 0 cn rn -a N xs cD rv JURY TRIAL DEMANDED MOTION FOR CONTINUENCE SETTLEMENT CONFERENCE 1. On August 8, 2011, Joseph R. D'Annunzio, Esquire, the attorney for the Defendant Kyle Hardenbrook filed a Motion for Settlement Conference with the Prothonotary of this Honorable Court. 2. On August 15, 2011, the Honorable Edward E. Guido entered an Order t? -Vrn 70ci C) -1 p -n C -n =F; om -A scheduling a settlement conference before Judge Guido in his chambers on September 14, 2011 at 3:00 pm. 3. On September 14, 2011, Joseph R. D'Annunzio, the attorney for the Defendant, is scheduled to be in Fredericksburg, Virginia, attending a training session given by his employer, GEICO Insurance Company. 4. On August 24, 2011, when counsel became aware of this scheduling he wrote a letter to the Court seeking to obtain a continuance of the settlement conference and requesting a new settlement conference Date. Unfortunately, the letter was addressed to the Honorable Kevin A. Hess, President Judge, rather than Judge Guido. A true and correct copy of this letter is attached for reference. 5. On September 9, 2011 when counsel inquired as to the status of the request for a continuance he was advised by the secretary for President Judge Hess that the matter was actually scheduled before Judge Guido. 6. Counsel respectfully requests that this Honorable Court grant a continuance of the settlement conference and that a new settlement conference date be given. WHEREFORE, the Defendant Kyle Hardenbrook, respectfully requests that this Honorable Court continue the settlement conference that is scheduled for September 14, 2011 at 3:00 pm and that the Court reschedule the settlement conference with all of the other conditions of the order entered August 15, 2011 to remain in effect. RESPECTFULLY SUBMITTED: Date: September 9, 2011 BY: -f Joseph R. D'Annunzio, Esquire Attorney Identification No.: 23384 Attorney for Defendant, Kyle Hardenbrook CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: To: Plaintiff John Vayonos Care of. William P. Douglas, Esquire Douglas Law Office 43 West South Street P.O. Box 261 Carlisle, PA 17013 1 .4 Date: ,S I.; go I I - thty_'t?' I 'rsten M. Settle M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN VAYONOS, C) Plaintiff NO. 03-4470 ,.y V. 03 CIVIL ACTION - LA S rnr- ' ? r- 0m KYLE HARDENBROOK, JUDGE GUIDO r--= _ r r? ° Defendant C C) Q-n D C) ORDER ca AND NOW, this 1 day of , 2011, upon consideration of the Motion for Continuance of Settlement Conference, the motion is hereby GRANTED. The settlement conference that was scheduled for September 14, 2011 at 3:OOpm is continued. The settlement conference will now take place before the undersigned in ? 3,'06 ` M• 77 his chambers on the 7 Of day of 2011 at Counsel for the parties are hereby ordered to attend this conference. Counsel for the Defendant Kyle Hardenbrook, is to have the insurance representative who is responsible for handling of this case available by telephone during this conference. Counsel for the Plaintiff is ordered to have his client available by telephone during the conference. 0j Iecl 0000 q?l 'd?B BY COURT: J. Distribution List: For the Plaintiff: William P. Douglas, Esquire Douglas Law Office 43 West South Street, P.O. Box 261 Carlisle, PA 17013 717-243-1790 For the Defendant: ? Joseph R. D'Annunzio, Esquire Law Office of Joseph R. D'Annunzio 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 717-901-5002 3