HomeMy WebLinkAbout12-5709SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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I
7 Z ?C*T 1- PH. 2: 4 -4
!J',1 -1JEPk _.A;ND COUNTY
P ENN3)YLVANIA
Mary Touloumes
vs. Case Number
Peachey's Wood Products, LLC (et al.) 2012-5709
SHERIFF'S RETURN OF SERVICE
09/14/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Peachey's Wood Products, LLC, but was unable to
locate them in his bailiwick. He therefore deputized the Sheriff of Mifflin County, Pennsylvania to serve
the within Writ of Summons according to law.
09/14/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Woods & Wildlife Forestry Consultant, LLC, but was
unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County,
Pennsylvania to serve the within Writ of Summons according to law.
09/26/2012 10:16 AM - Dauphin County Return: And now September 26, 2012 at 1016 hours I, Jack Lotwick, Sheriff
of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ
of Summons, upon the within named defendant, to wit: Woods & Wildlife Forestry Consultant, LLC by
making known unto Jeffrey Eason, Owner of Woods & Wildlife Forestry Consultant, LLC at The Dauphin
County Sheriffs Office, 101 Market Street, Room 104, Harrisburg, Pennsylvania 17101 its contents and
at the same time handing to him personally the said true and correct copy of the same. Deputies were
advised Woods & Wildlife Forestry Consultant, LLC is currently doing business at 1829 Lindsey Lane,
Dauphin, Pennsylvania 17018.
10/02/2012 10:50 AM - Mifflin County Return: And now October 2, 2012 at 1050 hours I, Chris Shade, Sheriff of
Mifflin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of
Summons, upon the within named defendant, to wit: Peachey's Wood Products, LLC by making known
unto Melvin Peachey, Retail Sales Representative for Peachey's Wood Products, LLC at 422 Rockville
Road, Belleville, Pennsylvania 17004 its contents and at the same time handing to him personally the
said true and correct copy of the same.
SHERIFF COST: $62.00
October 10, 2012
SO ANSWERS,
RON r R ANDERSON, SHERIFF
ii:? Coun;y&ntE 91'olff, I(i.-soft: Inc.
f tri of the *hebrfrj
Shelley Ruhl
Real Esta a Deputy
Matthew L. Owens
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
MARY TOULOUMES, EXECUTRIX OF
THE ESTATE OF HARRY TOULOUMES
VS
WOODS & WILDLIFE FORESTRY
CONSULTANT, LLC
Sheriff s Return
No. 2012-T-2552
OTHER COUNTY NO. 2012-5709
And now: SEPTEMBER 26, 2012 at 10:16:00 AM served the within WRIT OF SUMMONS upon
WOODS & WILDLIFE FORESTRY CONSULTANT, LLC by personally handing to JEFFREY
EASON 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the
contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, 101 MARKET STREET, ROOM 104
HARRISBURG PA 17101
OWNER OF DEFENDANT
THE OWNER OF DEFENDANT VERIFIED GOOD ADDRESS IS 1829 LINDSEY LANE,
DAUPHIN, PA 17018
Sworn and subscribed to
before me this 26TH day of September, 2012
-XP*iz
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17, 2014
So Answers,
Sheriff of Dauphin County, Pa.
By
Deputy Sh iff
Deputy: MEGAN TRITT
Sheriffs Costs: $49.25 9/19/2012
Christopher S. Shade, Sheriff
Laurie J. Kozak, Chief Deputy
Charles L,."Bump" Angney, Deputy
James R. "Joe" Bell, Deputy
Terri D. Rupert, Deputy .
Ronald E. Fisher, Deputy
X*,W
SHERIFF'S OFFICE
MIFFLIN COUNTY
20 North Wayne Street
Lewistown, PA 17044
(717) 242-1105 " (717) 242-1808
Fax: (717) 248-2907
Plaintiff: Mary Touloumes, Exectrix of the Estate of Harry Touloumes.
Daniel Z. Searer, Solicitor
(717) 242-5250
Court Number: 12-5709
County: Cumberland County
Defendant: Peachey's Wood Products, LLC and Woods & Wildlife Forestry Consultant LLC Type of Writ or Complaint: ?d Writ
Writ of Summons ? Complaint
Name: Peachey's Wood Products, LLC Address: 422 Rockville Road
Serve Belleville, PA 17004
At
Name:
Address:
Indicate Unusual Service: ? Comm. of Pa. ? Deputization ? Other
Now 20 , I, SHERIFF OF MIFFLIN COUNTY, PA. do hereby deputize the
Sheriff of County to execute this Writ and make return thereof according
to law. This deputization is made at the request and risk of plaintiff. X Sheriff of Mifflin Co.
Special Instructions or other information that will assist in expediting service:
Attorney or other Organization requesting service: Telephone No: Date Filed:
John S. Kundrat, Esquire (717) 232-3755 9/14/2012
1 acknq?pl?Odge receipt of or Complaint as indicated above: Date Received: Exp. Date:
X C -"/ 9/18/2012 10/15/2012
I hereby CERTIFY and RETURN that I W have personally served. ? have legal evidence of service as shown in
"Remarks", I ?i have executed as shown in "Remarks", the Writ or Complaint described on the individual, company,
corporation, etc. at the address shown above or on the individual, company, corporation, etc., at the address inserted
below, handing a TRUE and ATTESTED copy thereof.
I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc.,
name above. (See Remarks below.)
Name and Title of individual served: ? A person of suitable age and discretion
Personally served Melvin Peachey, Retail Sales Representative for Peachey's Wood Products LLC. then residing at the defendent's usual
place of abode.
Address where served (complete only if different than shown above) Date of Service: Time:
209 Sawmill Road Belleville. PA 17004 (Peachey's Wood Products, LLC address) 10/2/2012 10:50 AM
Attempts Date Miles Dep.lnt. Date Miles Dep.lnt. Date Miles Dep.lnt.
2 9/28/2012 36 REF 10/2/2012 24 REF
Advance Costs Service Costs Mileage Postage Surcharge Notary Total Refund
$95.00 $19.00 $31.00 $1.00 $0.00 $5.00 $56.00 $39.00
Remarks: (See other side) $1.00 added to service cost for;coQies.
Sworn tp and subscribed before me this end
r ;
X ?lciCcC?
Notary Public COMMONWEAL OF PENNSYLVANIA
EPAT"RIC?IA TARIAL SEAL
WILSON, Notary Public
n Born, Mifflin County
n Expim March 31, 2015
Notarial Seal _
So Answers:
Ronald E. Fisher
Deputy Sherjff, 10/2/2012
/
Sheri Christopher hade 10/2/2012
~ i ~, _
_. ~ i1L ~ ~ ~~d
212 DI:C -3 P~ I ~ 2~
CUMCE~L~P~D C;CiJ~ ~`
PENt~SYLV;~N(A
John S. Kundrat, Esquire
Kundrat & Associates
107 Boas Street
Harrisburg, PA 17102
Attorney ID No. 24958
Telephone: 717-232-3755
Fax: 717-232-9608
kundrat-associates(a, a.net
MARY TOULOUMES, EXECUTRIX IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF HARRY :CUMBERLAND COUNTY, PENNSYLVANIA
TOULOUMES
NO. 12-5709 Civil Term
Plaintiff :
v.
PEACHEY'S WOOD PRODUCTS, LLC
and WOODS & WILDLIFE FORESTRY
CONSULTANT LLC
CIVIL ACTION -LAW
MOTION FOR SANCTIONS
AND NOW, comes Plaintiff, MARY TOULOUMES, EXECUTRIX OF THE ESTATE
OF HARRY TOULOUMES, by her attorneys, KUNDRAT & ASSOCIATES, and states the
following cause of action:
1. A Writ of Summons was filed in this matter on September 14, 2012.
1
2. The Writ of Summons was served upon Defendant Jeffrey Eason as owner of
Woods & Wildlife Forestry Consultant, LLC on September 26, 2012.
3. Plaintiffls counsel pursuant to Pa. R.C.P. 4007.1(a) notified Eason, the owner and
designee of Defendant Woods & Wildlife Forestry Consultant, LLC in writing that a deposition
was scheduled on November 16, 2012, at 10:00 A.M. first class mail, on October 31, 2012. A
copy of Plaintiff s letter to Defendant is attached as Exhibit "A."
4. No objection was made to the deposition by Defendant.
5. The deposition was to be conducted on November 16, 2012, at 10:30 A.M. at the
offices of Kundrat & Associates at 107 Boas Street, Harrisburg, Pennsylvania. The Defendant
did not appear or make any contact with counsel for Plaintiff.
6. On November 19, 2012, counsel for Plaintiff wrote to Defendant Woods &
Wildlife Forestry Consultant LLC requesting that Defendant contact counsel for Plaintiff to
reschedule the deposition. A copy of Plaintiff's letter to Defendant is attached as Exhibit "B".
7. Defendant has not contacted counsel for Plaintiff.
9. No discovery is required for this motion.
10. The applicable authority supporting the requested relief herein is Pa. R.C.P.
4019(a)(1)(iv).
WHEREFORE, Plaintiff, MARY TOULOUMES, EXECUTRIX OF THE ESTATE OF
HARRY TOULOUMES, respectfully requests that an Order be issued compelling Eason to
attend a deposition at the time scheduled by Plaintiff s counsel. Additionally Plaintiff requests
that the legal fees in the preparation of this Motion for Sanctions in the amount of $500.00
2
together with the stenographer costs expended in the amount of $90.00 for the failed appearance
on November 16, 2012, be reimbursed to Plaintiff.
Respectfully submitted,
KUNDRAT & ASSOCIATES
~~~ ,•,
By /
Jo . Kundrat, Esquire
Attorney for Plaintiff
Dated: November 29, 2012
3
JOHN S. KUNDRAT - LL. M. Tax
KUNDRAT & ASSOCIATES
LAw OFFICES
107 BOAS STREET
HARRISBURG, PENNSYLVANIA 17102
(717) 232-3755
FAX (717) 232-9608
Ot-~a ~~~ 3 ~ ~ ~i ~
Jeff Eason
WOODS & WILDLIFE FORESTRY
1829 Lindsey Lane
Dauphin, PA 17018
Re: Our Client: Harry Touloumes
Our File No.381-2009(1)
Dear Mr. Eason:
E-mail: kundrat-associates@pa.net
Please accept this correspondence as the confirmation of your deposition scheduled for
November 16, 2012, at 10:00 A.M. at our offices of Kundrat & Associates. Please bring with
you all documentation regarding the Touloumes contract which is the subject of the litigation.
As we indicated to you, you have the right to have counsel with you if you so wish.
Sincerely,
ASSOCIATES
J
JSK:amh
cc: Mary Touloumes
EXHIBIT
A
JOHN S. KUNDRAT - LL. M. Tax
KUNDRAT & ASSOCIATES
LAW OFFICES
107 BOAS STREET
HARRISBURG, PENNSYLVANIA 17102
(717) 252-3755
FAX (717) 232-9608
November 19, 2012
Jeff Eason
WOODS & WILDLIFE FORESTRY
1829 Lindsey Lane
Dauphin, PA 17018
Re: Our Client: Harry Touloumes
Our File No. 381-2009(1)
Dear Jeff:
E-mail: kundrat-associates@pa.net
As you know, you did not appear for your deposition on November 16 at 10:00 A.M. at
our offices. We request that you contact the undersigned immediately upon receipt and review
of this correspondence to re-set the date. If we are not contacted within five (5) days from the
date hereof, we shall file a Motion seeking sanctions which shall add additional costs to this
matter.
Sincerely,
& ASSOCIATES
John S.
JSK: amh o
_ __ __
--
cc: Mary Touloumes
EXHIBIT
CERTIFICATE OF SERVICE
~•c.,.
AND NOW, this .3Q day of ~ ~ ~`1'1 ~-<-P/1 , 2012, I, Anna M. Hause,
secretary for the law firm of Kundrat & Associates, Counsel for Plaintiff, hereby certify that a
true and correct copy of the foregoing Motion for Sanctions was served via first class mail,
postage prepaid, addressed to the parties or counsel of record as follows:
Woods & Wildlife Forestry Consultant LLC
1829 Lindsey Lane
Dauphin, PA 17018
KUNDRAT & ASSOCIATES
~~, v~--
~~ ~ `1~
Anna M. Hause
107 Boas Streets
Harrisburg, PA 17102
717-232-3755
4
`.I!E U_Us:F ICC.-
OF TIC- PROTHOjgOTtjf `�
John S. Kundrat, Esquire 2013 SEP
Kundrat&Associates
107 f 1 2
107 Boas Street CUMBERLAND COUNTY
Harrisburg, PA 17102 PENNSYLVANIA
Attorney ID No. 24958
Telephone: 717-232-3755
Fax: 717-232-9608
kundrat-associates(a),pa.net
MARY TOULOUMES, EXECUTRIX IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF HARRY CUMBERLAND COUNTY, PENNSYLVANIA
TOULOUMES
NO. 12-5709 Civil Term
Plaintiff
V.
PEACHEY'S WOOD PRODUCTS, LLC
and WOODS &WILDLIFE FORESTRY
CONSULTANT LLC CIVIL ACTION—LAW
MOTION TO COMPEL DISCOVERY
AND NOW,comes Plaintiff,MARY TOULOUMES, EXECUTRIX OF THE ESTATE
OF HARRY TOULOUMES,by her attorneys, KUNDRAT &ASSOCIATES, and states the
following cause of action:
1. A Writ of Summons was filed in this matter on September 14, 2012.
2. The Writ of Summons was served upon Defendant Jeffrey Eason as owner of
Woods&Wildlife Forestry Consultant, LLC on September 26, 2012.
3. Plaintiff's Request for Production of Documents were served upon Defendant's
counsel, Lawrence J. Rosen, Esquire,by facsimile and first class mail on August 16, 2013.
4. Responses to the Request for Production of Documents were due by September
16, 2013.
5. As of the date of this Motion, there has been no response to Plaintiff's Request for
Production of Documents.
6. An answer was required to be filed to the Plaintiffs Request for Production of
Documents within thirty(30) days from the date of service of same pursuant to Pa.RCP
4009.12(a).
7. No Judge has ruled upon any issue in this matter.
8. Counsel for Plaintiff has attempted to confer by telephone with counsel for
Defendant to resolve this dispute pursuant to CC RCP 208.3(a)(9). As of the date of this Motion,
no response has been received by Plaintiff's counsel.
9. No hearing is requested.
KUNDRAT &AS CIATES
By
John S. undrat, Esquire
Attorney for Plaintiff
Dated: September 24, 2013
CERTIFICATE OF SERVICE
AND NOW,this 0��day of Yh
2013, I, Anna M. Hause,
secretary for the law firm of Kundrat &Associates, Counsel for Plaintiff,hereby certify that a
true and correct copy of the foregoing Motion to Compel Discovery was served via first class
mail,postage prepaid, addressed to the parties or counsel of record as follows:
Jeff Eason
c/o Lawrence J. Rosen, Esquire
KREVSKY&ROSEN
1101 North Front Street
Harrisburg,PA 17102
KUNDRAT &ASSOCIATES
Anna M. Hause
107 Boas Streets
Harrisburg, PA 17102
717-232-3755
MARY TOULOUMES, EXECUTRIX : IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF HARRY : CUMBERLAND COUNTY, PENNSYLVANIA
TOULOUMES :
: NO. 12-5709 Civil Term
Plaintiff : a
m CC3 c.:) 126-''
=23 —4
PEACHEY'S WOOD PRODUCTS, LLC : ,;
and WOODS &WILDLIFE FORESTRY : I
CONSULTANT LLC : CIVIL ACTION—LAW ---
ORDER
AND NOW, this 1ST day of OCTOBER, 2013, a Rule is issued upon Defendants
to Show Cause why the Plaintiff's Motion to Compel Discovery should not be granted.
Rule returnable twenty(20) days after service.
By t ourt,
Edward E. Guido, J.
Distribution:
Counsel for Plaintiff: John S. Kundrat, Esquire, 107 Boas Street,Harrisburg, PA 17102
Counsel for Defendant: Lawrence J.Rosen, Esquire, 1101 N. Front St., Harrisburg, PA 17102
eer I 02b-1 (-CS—
/0/3//3
t J
John S. Kundrat, Esquire ' 1,
Kundrat&Associates It : '
107 Boas Street E t: L D Or 1.
Harrisburg, PA 17102 L , i S Y`,r p,1,y 5
Attorney ID No. 24958
Telephone: 717-232-3755
Fax: 717-232-9608
kundrat-associates(2i pa.net
MARY TOULOUMES, EXECUTRIX : IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF HARRY : CUMBERLAND COUNTY, PENNSYLVANIA
TOULOUMES
: NO. 12-5709 Civil Term
Plaintiff
•
•
v.
PEACHEY'S WOOD PRODUCTS, LLC :
and WOODS &WILDLIFE FORESTRY :
CONSULTANT LLC : CIVIL ACTION—LAW
MOTION FOR SANCTIONS
AND NOW, comes Plaintiff, MARY TOULOUMES, EXECUTRIX OF THE ESTATE
OF HARRY TOULOUMES,by her attorneys, KUNDRAT&ASSOCIATES, and states the
following cause of action:
1. A Writ of Summons was filed in this matter on September 14, 2012.
2. The Writ of Summons was served upon Defendant Jeffrey Eason as owner of
Woods&Wildlife Forestry Consultant, LLC on September 26, 2012.
3. Plaintiff's Request for Production of Documents were served upon Defendant's
counsel, Lawrence J. Rosen, Esquire,by facsimile and first class mail on August 16, 2013.
4. Responses to the Request for Production of Documents were due by September
16, 2013.
5. On September 26, 2013, Plaintiff filed a Motion to Compel Discovery.
6. On September 30, 2013, Plaintiffs counsel received an informal response to
Plaintiff's Motion to Compel Discovery. Said informal response is attached hereto as Exhibit
«A”,
7. On October 1, 2013, The Honorable Edward E. Guido issued a Rule to Show
Cause on Plaintiffs Motion to Compel Discovery returnable in twenty(20) days.
8. Counsel for Plaintiff has attempted to confer by telephone with counsel for
Defendant to resolve this issue. As of the date of this Motion,no response has been received by
Plaintiffs counsel.
9. Correspondence was forwarded to Defendant's counsel on November 1, 2013,by
fax and first class mail, requesting a formal response to Plaintiffs Request for Production of
Documents, a copy of which is attached hereto as Exhibit`B".
10. As of the date of this Motion for Sanctions, there has been no formal response to
Plaintiffs Request for Production of Documents nor any contact by Defendant's counsel.
WHEREFORE, Plaintiff, Mary Touloumes, Executrix of the Estate of Harry Touloumes,
respectfully requests that an Order be issued compelling Defendant's response to Plaintiff s
Request for Production of Documents. Additionally Plaintiff requests that legal fees for the
preparation of this Motion for Sanctions in the amount of$500.00 be reimbursed to Plaintiff.
KUNDRAT &ASSOCIATES
By ' j
o .. K •drat, Esquire
At orney for Plaintiff
Dated: November 25,2013
09-30-'13 14:18 r&)M-WOULS tai WILDL11,h 'I1YyZ18493 '1'-530 Y001/005 1 -3ZZ
WO. ODS & WIL LIFE
Forestry Consultants
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1829 Lindsey Lane • Dauphin, PA 17018 • (71 7) 921-0170 • (717) 921-8493
EXHIBIT
KUNDRAT & ASSOCIATES
LAW OFFICES
107 BOAS STREET
HARRISBURG,PENNSYLVANIA 17102
JOHN S.KUNDRAT-LL.M.Tax (717)232-3755 E-mail:kundrat-associates @pa.net
FAX(717)232-9608
November 1,2013 -
Via Fax: 717-234-3650
and Regular Mail
Lawrence J.Rosen,Esquire
KREVSKY&ROSEN
1101 North Front Street
Harrisburg,PA 17102
Re: Mary Touloumes,Executrix of the Estate of Harry Touloumes v.
Peachey's Wood Products,LLC and Woods &Wildlife Forestry Consultant,LLC
Our File No.381-2009(1)
Dear Mr. Rosen:
To date,we have not received a formal response to our Request for Production of Documents.
Please do so within five(5) days from the date hereof.
Sincerely,
KUNDRAT ASSOCIATES
o. �. A. drat
JSK:amh
cc: Mary Touloumes
Ken Touloumes
EXHIBIT
CERTIFICATE OF SERVICE
AND NOW, this citiltday of `li le-Ct fh , 2013, I, Anna M. Hause,
secretary for the law firm of Kundrat&Associates, Counsel for Plaintiff, hereby certify that a
true and correct copy of the foregoing Motion for Sanctions was served via first class mail,
postage prepaid, addressed to the parties or counsel of record as follows:
Jeff Eason
c/o Lawrence J. Rosen, Esquire
KREVSKY&ROSEN
1101 North Front Street
Harrisburg, PA 17102
KUNDRAT &ASSOCIATES
Anna M. Hause
107 Boas Streets
Harrisburg, PA 17102
717-232-3755
MARY TOULOUMES, EXECUTRIX IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF HARRY CUMBERLAND COUNTY, PENNSYLVANIA
TOULOUMES c
NO. 12-5709 Civil Term �'`"
rr n
Plaintiff
V. <CD
PEACHEY'S WOOD PRODUCTS, LLC j7 and WOODS &WILDLIFE FORESTRY
CONSULTANT LLC CIVIL ACTION–LAW
ORDER
aZ''D�C3
AND NOW, this *--A day o upon consideration of Plaintiff s Motion
for Sanctions, it is hereby ORDERED and DECREED that Defendant shall produce the information
requested in Plaintiff s Request for Production of Documents within thirty(30) days from the date of
this Order. r $/.4!w– ,�Jriy�,,, `, f
1" 4r—r"4
a e e ar1T is i s�T"fie
y -days from tpe clate x=4W_C
� � •
By th ourt:
J.
Plaintiffs Attorney: Defendant Attorney:
hn S. Kundrat, Esquire awrence J. Rosen, Esquire
107 Boas Street 1101 North Front Street
Harrisburg, PA 17102 Harrisburg, PA 17102
Telephone: (717)232-3755 Telephone: (717) 234-4583
Email Address: Kundrat-associates&a.net Email Address: lrosen(a,krevskyandrosen.com
Cz t& t
failure to properly respond to the Motion to Compel. See copy of Motion for Sanctions attached
as Exhibit "C.
5. No formal response was made Plaintiff's counsel to the Motion referenced in
Paragraph 4.
6. An Order was filed by this Court on December 5, 2013, directing Defendant to
produce the information requested in Plaintiff's Request for Production of Documents within
thirty (30) days from the date of the Order. See Order attached as Exhibit "D ".
7. As of the date of this Petition, Defendant has not complied with the Order
referenced in Paragraph 6 above.
WHEREFORE, Plaintiff requests the following:
A. Defendant be prohibited from producing any documents at trial in this
matter requested in Plaintiff s Request for Production of Documents.
B. Defendant be directed to pay within thirty (30) days from the date hereof
Plaintiff's counsel fees of $500.00 for the Motion for Sanctions and $500.00 for this Petition.
KUNDRAT & ASSOCIATES
By
Dated: March 14, 2014
i G'
John S. Kundrat, gguire
Attorney for Plaintiff
John S. Kundrat, Esquire
Kundrat & Associates
107 Boas Street
Harrisburg, PA 17102
Attorney ID No. 24958
Telephone: 717-232-3755
Fax: 717 - 232 -9608
kundrat- associates@pa.net
2014 NA
TAR
17 pi 1 52
CUNBE RL AND COUNTY
PENNS YLVAN /A
MARY TOULOUMES, EXECUTRIX
OF THE ESTATE OF HARRY
TOULOUMES
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 12 -5709 Civil Term
PEACHEY'S WOOD PRODUCTS, LLC :
and WOODS & WILDLIFE FORESTRY :
CONSULTANT LLC
: CIVIL ACTION — LAW
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes Plaintiff, MARY TOULOUMES, EXECUTRIX OF THE ESTATE
OF HARRY TOULOUMES, by her attorneys, KUNDRAT & ASSOCIATES, and states the
following cause of action:
1. On September 26, 2013, a Motion to Compel Discovery was filed in the above -
captioned matter, a copy of which is attached as Exhibit "A ".
2. The Court issued a Rule to Show Cause on October 1, 2013, a copy of which is
attached as Exhibit "B ".
3. No response was made by Plaintiff's counsel to the Rule to Show Cause
referenced in Paragraph 2.
4. A Motion for Sanctions was filed on December 2, 2013, as a result of Defendant's
5. As of the date of this Motion, there has been no response to Plaintiffs Request for
Production of Documents.
6. An answer was required to be filed to the Plaintiffs Request for Production of
Documents within thirty (30) days from the date of service of same pursuant to Pa.RCP
4009.12(a).
7. No Judge has ruled upon any issue in this matter.
8. Counsel for Plaintiff has attempted to confer by telephone with counsel for
Defendant to resolve this dispute pursuant to CC RCP 208.3(a)(9). As of the date of this Motion,
no response has been received by Plaintiffs counsel.
9. No hearing is requested.
KUNDRAT & AS CIATES
By
Dated: September 24, 2013
John S. undrat, Esquire
Attorney for Plaintiff
John S. Kundrat, Esquire
Kundrat & Associates •
107 Boas Street
Harrisburg, PA 17102
Attorney ID No. 24958
Telephone: 717-232-3755
Fax: 717-232-9608
lcundrat-associatesapa.net
MARY TOULOUMES, EXECUTRIX
OF THE ESTATE OF HARRY
TOULOUMES
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 12-5709 Civil Term
v.
PEACHEY'S WOOD PRODUCTS, LLC :
and WOODS & WILDLIFE FORESTRY :
CONSULTANT LLC : CIVIL ACTION — LAW
MOTION TO COMPEL DISCOVERY
AND NOW, comes Plaintiff, MARY TOULOUMES, EXECUTRIX OF THE ESTATE
OF HARRY TOULOUMES, by her attorneys, KUNDRAT & ASSOCIA ES, and states the
following cause of action:
1. A Writ of Summons was filed in this matter on September 14, 2012.
2. The Writ of Summons was served upon Defendant Jeffrey Eason as owner of
Woods & Wildlife Forestry Consultant, LLC on September 26, 2012.
3. Plaintiffs Request for Production of Documents were served upon Defendant's
counsel, Lawrence J. Rosen, Esquire, by facsimile and first class mail on August 16, 2013.
4. Responses to the Request for Production of Documents were due by September
16, 2013.
AND NOW,
CERTIFICATE OF SERVICE
day of
,te,14-11.kul
, 2013, I, Anna M. Hause,
secretary for the law firm of Kundrat & Associates, Counsel for Plaintiff, hereby certify that a
true and correct copy of the foregoing Motion to Compel Discovery was served via first class
mail, postage prepaid, addressed to the parties or counsel of record as follows:
Jeff Eason
c/o Lawrence J. Rosen, Esquire
KREVSKY & ROSEN
1101 North Front Street
Harrisburg, PA 17102
KUNDRAT & ASSOCIATES
Anna M. Hause
107 Boas Streets
Harrisburg, PA 17102
717-232-3755
MARY TOULOUMES, EXECUTRIX : IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF HARRY' : CUMBERLAND COUNTY, PENNSYLVANIA
TOULOUMES :
: NO. 12-5709 Civil Term (--)
c
Plaintiff : 77 a
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PEACHEY'S WOOD PRODUCTS, LLC : -‹c
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and WOODS & WILDLIFE FORESTRY :
CONSULTANT LLC : CIVIL ACTION - LAW
C.0
ORDER
AND NOW, this 1ST day of OCTOBER, 2013, a Rule is issued upon Defendants
to Show Cause why the Plaintiff's Motion to Compel Discovery should not be granted.
Rule-returnable twenty (20) days after service.
Edward E. Guido, J.
Distribution:
Counsel for Plaintiff: John S. Kundrat, Esquire, 107 Boas Street, Harrisburg, PA 17102
Counsel for Defendant: Lawrence J. Rosen, Esquire, 1101 TN. Front St., Harrisburg, PA 17102
John S. Kundrat, Esquire
Kundrat & Associates
107 Boas Street
Harrisburg, PA 17102
Attorney ID No. 24958
Telephone: 717-232-3755
Fax: 717-232-9608
kundrat-associates@pa.net
MARY TOULOUMES, EXECUTRIX
OF THE ESTATE OF HARRY
TOULOUMES
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 12-5709 Civil Term
:
PEACHEY'S WOOD PRODUCTS, LLC :
and WOODS & WILDLIFE FORESTRY :
CONSULTANT LLC
CIVIL ACTION — LAW
MOTION FOR SANCTIONS
AND NOW, comes Plaintiff, MARY TOULOUMES, EXECUTRIX OF THE ESTATE
OF HARRY TOULOUMES, by her attorneys, KUNDRAT & ASSOCIATES, and states the
following cause of action:
1. A Writ of Summons was filed in this matter on September 14, 2012.
2. The Writ of Summons was served upon Defendant Jeffrey Eason as owner of
Woods & Wildlife Forestry Consultant, LLC on September 26, 2012.
3. Plaintiff's Request for Production of Documents were served upon Defendant's
counsel, Lawrence J. Rosen, Esquire, by facsimile and first class mail on August 16, 2013.
4. Responses to the Request for Production of Documents were due by September
16, 2013.
5. On September 26, 2013, Plaintiff filed a Motion to Compel Discovery.
6. On September 30,2013, Plaintiff's counsel received an informal response to
Plaintiff's Motion to Compel Discovery. Said informal response is attached hereto as Exhibit
7. On October 1, 2013, The Honorable Edward E. Guido issued a Rule to Show
Cause on Plaintiff's Motion to Compel Discovery returnable in twenty (20) days.
8. Counsel for Plaintiff has attempted to confer by telephone with counsel for
Defendant to resolve this issue. As of the date of this Motion, no response has been received by
Plaintiff's counsel.
9. Correspondence was forwarded to Defendant's counsel on November 1, 2013, by
fax and first class mail, requesting a formal response to Plaintiff's Request for Production of
Documents, a copy of which is attached hereto as Exhibit "B".
10. As of the date of this Motion for Sanctions, there has been no formal response to
Plaintiffs Request for Production of Documents nor any contact by Defendant's counsel.
. WHEREFORE, Plaintiff, Mary Touloumes, Executrix of the Estate of Harry Touloumes,
respectfully requests that an Order be issued compelling Defendant's response to Plaintiff's
Request for Production of Documents. Additionally Plaintiff requests that legal fees for the
preparation of this Motion for Sanctions in the amount of $500.00 be reimbursed to Plaintiff.
•KUNDRAT & ASSOCIATES
By
Dated: November 25, 2013
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EXHIBIT
A
JOHN S. HUNDRAT - LL. M. Tax
Lawrence J. Rosen, Esquire
KREVSKY.& ROSEN
1101 North Front Street
Harrisburg, PA 17102
KUNDRAT & ASSOCIATES
LAW OFFICES
107 BOAS STREET
HARRISBURG, PENNSYLVANIA 17102
(717) 232 -3755
FAX (717) 232 -9608
November 1, 2013
E -mail: kundrat-associates@pa.net
Via Fax: 717- 234-3650
and Regular Mail
Re: Mary Touloumes, Executrix of the Estate of Harry Touloumes v.
Peachey's Wood Products, LLC and Woods & Wildlife Forestry Consultant, LLC
Our File No. 381 - 2009(1)
Dear Mr. Rosen:
To date, we have not received a formal response to our Request for Production of Documents.
Please do so within five (5) days from the date hereof.
JSK:amh
cc: Mary Touloumes
Ken Touloumes
Sincerely,
KUNDRAT ASSOCIATES
hni drat
EXHIBIT
CERTIFICATE OF SERVICE
AND NOW, this 07-6 klay of Llatratdh , 2013, I, Anna M. Hause,
secretary for the law firm of Kundrat & Associates, Counsel for Plaintiff, hereby certify that a
true and correct copy of the foregoing Motion for Sanctions was served via first class mail,
postage prepaid, addressed to the parties or counsel of record as follows:
Jeff Eason
c/o Lawrence J. Rosen, Esquire
KREVSKY & ROSEN
1101 North Front Street
Harrisburg, PA 17102
KUNDRAT & ASSOCIATES
Anna M. Hause
107 Boas Streets
Harrisburg, PA 17102
717-232-3755
MARY TOULOUMES, EXECUTRIX
OF THE ESTATE OF HARRY
TOULOUMES
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 12 -5709 Civil Term
PEACHEY'S WOOD PRODUCTS, LLC :
and WOODS & WILDLIFE FORESTRY :
CONSULTANT LLC
: CIVIL ACTION — LAW
ORDER
��,,...�
au/3 AND NOW, this �/`° 1 i day ojf Limi.upon consideration of Plaintiffs Motion
for Sanctions, it is hereby ORDERED and DECREED that Defendant shall produce the information
requested in Plaintiffs Request for Production of Documents within thirty (30) days from the date of
this Order. s c.m. tee
-.- . i i` • a r e e �. an is s ire s . of . : - ,4 e
Plaintiffs Attorney:
John S. Kundrat, Esquire
107 Boas Street..
Harrisburg, PA 17102
Telephone: (717) 232- 3755...
Email Address: Kundrat- associates@a,pa.net
J.
Defendant Attorney:
Lawrence J. Rosen, Esquire
1101 North Front Street
Harrisburg, PA 17102
Telephone: (717) 234 -4583
Email Address: lrosen@krevskyandrosen.com
EXHIBIT
D
CERTIFICATE OF SERVICE
AND NOW, this 1U/day of 4-1/yLcuk_Lit.., , 2014, I, Anna M. Hause,
secretary for the law firm of Kundrat & Associates, Counsel for Plaintiff, hereby certify that a
true and correct copy of the foregoing Petition to Make Rule Absolute was served via facsimile
to 717-234-3650 and via first class mail, postage prepaid, addressed to the parties or counsel of
record as follows:
Jeff Eason
c/o Lawrence J. Rosen, Esquire
KREVSKY & ROSEN
1101 North Front Street
Harrisburg, PA 17102
KUNDRAT & ASSOCIATES
Anna M. Hause
107 Boas Streets
Harrisburg, PA 17102
717-232-3755
'r r �J
MARY TOULOUMES, EXECUTRIX : IN THE COURT OF COMMON PLEAS OF
OF THE ESTATE OF HARRY : CUMBERLAND COUNTY, PENNSYLVANIA
TOULOUMES
: NO. 12-5709 Civil Term
Y +
Plaintiff : `-
• r-71 u; `:
L-r J `�„ t E
•
V. s r1
PEACHEY'S WOOD PRODUCTS, LLC <" `
and WOODS &WILDLIFE FORESTRY : > = ` H
CONSULTANT LLC : CIVIL ACTION—LAW ' .v ; 7
ORDER
AND NOW,this 2Q V4 day of/Y1/9/46/1 , 2014, upon review of
Plaintiff's Petition to Make Rule Absolute, it is hereby ORDERED:
1. Defendant is prohibited from producing any documents at trial in this matter
requested in Plaintiff's Request for Production of Documents.
2. Defendant is directed to pay within thirty(30) days from the date of this Order the
sum of$1.7890140 representing Plaintiff's counsel fees f nor
• .. - .:Mute e.
• un
J.
Distribution:
Counsel for Plaintiff: John S. Kundrat, Esquire, 107 Boas Street, Harrisburg, PA 17102
✓Counsel for Defendant: Lawrence J. Rosen, Esquire, 1101 N. Front St.,Harrisburg, PA 17102
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