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Home My WebLink About12-6670~'lLE~-0~~=i~ 2012 aCT 29 AM I! ~ 35 ~UMBERLANO CQUNiY PENNSYLVANIA Andrew C. Spears, Esquire I.D.#87737 HANDLER, HENNING 8~ ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning~HHRLaw.com MICHAEL KAYDO, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ~a - C. !o~`1t~ ELIZABETH DeFLURI :CIVIL ACTION -LAW Defendant 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 (20) 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 South Bedford Street S Carlisle, PA 17013 n I (800) 990-9108 ~ /p 3 .'7' S~c.~-rim (717) 249-3166 et~~ a~3 sq AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes Para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING ~ ROSENBERG, LLP sy: Andrew rs, Esquire Andrew C. Spears (PA 87737) IIANDLER HENNING & ROSENBERG LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 spears@hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KAYDO, 1116 Sadler Drive Carlisle, PA 17015 Plaintiff v. ELIZABETH DEFLURI, 12 Bridgeport Drive Mechanicsburg, PA 17050 Defendants CIVIL ACTION -LAW NO.. COMPLAINT Plaintiff, Michael Kaydo ("Mr. Kaydo"), by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., makes this complaint against Defendant, Elizabeth DeFluri ("Defendant"), and avers as follows: 1. Mr. Kaydo is a competent adult individual and citizen of Pennsylvania currently residing at 1116 Sadler Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is, upon information and belief, a competent adult individual and f:\wp directories\stm\complaints\mva\rear end\201210 kaydo.docx citizen of Pennsylvania currently residing at 12 Bridgeport Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times material hereto, Mr. Kaydo was the operator of a 1998 Ford Explorer ("Mr. Kaydo's vehicle"). 4. At all times material hereto, Defendant was the owner and operator of a vehicle ("Defendant's vehicle") 5. At all times material hereto, Mr. Kaydo was insured with GMAC Insurance and was covered under the full tort option. 6. At all times material hereto, there were no adverse road or weather conditions. 7. On or about June 6, 2011, at 4:45 p.m., Mr. Kaydo's vehicle was lawfully stopped at a red traffic light on northbound Route 11 at its intersection with Sterling Parkway in Silver Springs Township, Cumberland County, Pennsylvania. 8. At approximately that same time and place, Defendant was stopped behind Mr. Kaydo's vehicle. 9. When the light turned green, Mr. Kaydo's vehicle did not advance as traffic prevented forward movement. 10. Suddenly and without warning, Defendant accelerated her vehicle directly into Mr. Kaydo's vehicle, impacting its rear bumper. 11. As a result of Defendant's negligence, Mr. Kaydo was transported via EMS to Carlisle Regional Hospital. 12. As a direct and proximate result of the negligence of Defendants, Ms. Hotham sustained extensive damages, as set forth more specifically below. 2 COUNT I -NEGLIGENCE Michael Kaydo v. Elizabeth DeFluri 13. All prior paragraphs are incorporated herein as if set forth fully below. 14. The occurrence of the aforementioned collision and all the resultant injuries to Mr. Kaydo are the direct and proximate result of the negligence of Defendant, generally and more specifically as set forth below: (a) in driving Defendant's vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S.A. § 3714; (b) in failing to exercise reasonable care in the operation and control of Defendant's vehicle, in violation of 75 Pa.C.S.A. § 3714; (c) in following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa.C.S.A. § 3310(a); (d) in failing to properly regulate the speed of Defendant's vehicle so as to prevent arear-end collision; (e) in disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S.A. § 3361; (f) in failing to keep a reasonable lookout for vehicular traffic; (g) in failing to properly and adequately observe the traffic conditions then and there existing; (h) in operating a motor vehicle inattentively; and (i) in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendant's vehicle under such control that injury to 3 persons or property could be avoided. 15. As a direct and proximate result of Defendant's negligence, Mr. Kaydo has: (a) suffered injuries including, but not limited to, injuries to his neck and upper back, with attendant bi-lateral trapezius pain and left shoulder pain; (b) required continuing medical treatment, and will need to continue medical treatment indefinitely; (c) been unable to work and will continue to suffer a loss of income and/or earning capacity in the future; (d) suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss; (e) been compelled, in an effort to cure his injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to his detriment and loss; (f) suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his detriment and loss; and (g) been, and will be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. 4 WHEREFORE, Plaintiff, Michael Kaydo, seeks damages from Defendant, Elizabeth DeFluri, an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: Oct. ~ 2012 By: Andrew .Spears (PA 87737) spears@hhrlaw.com Attorneys for Plaintiff, Michael Kaydo 5 Handler Henning & Rosenberg LLP r:-. ` Attorneys at Law ... VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document i.CJ of CCO^se! ;-;d ;;^± w;y Ct"!n. I hw:'e read the c'oc~ampnt and ±o the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ( ^ Michael Kaydo ~ Date: 1300 LINGLESTOWN ROAD, SUITE 2 I HARRISBURG, PA 17110 717 238 2000 I f 717 233 3029 I toll free 800 422 2224 I www.hhrlaw.com Carlisle 717 241 2244 Hanover 717 630 8200 Lancaster 717 4314000 York 717 845 7800 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY k'~~Ltt~'~1~~~~~ ''= i ~~ PROTWONO i~~t`t' ~oy~c~,tt+ of unrbp~~~~~ - ~- k ~, i1 . CUMBERLAN4 CpUN~Y ~~~ ~"` -~' 4~`~tir~ P~`NNSYLVANlA Michael Kaydo Case Number vs. Elizabeth DeFluri 2012-6670 SHERIFF'S RETURN OF SERVICE 11/01/2012 06:58 PM -Deputy Ryan Burgett, being duly sworn according to faw, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Elizabeth DeFluri at 12 Bridgeport Drive, Silver Spring Township, Mechanicsburg, PA 17050. RYA BUR ETT, DEPU SHERIFF COST: $38.45 November 05, 2012 SO ANSWERS, ,•~,~ RON R ANDERSON, SHERIFF c) CouMySuiie Shehff, 1"o!eesoft: in -~~ t i WILLIAM J. FERREN & ASSQCI~TES ~ ~ ' ' ' ' ' By: Joseph P. Birmingham, Esquire, ,., ~. r;, ~ ~ f, Identification No. 88210 ~ t ~ ' • -~ ~ " `~ ~ ~ ' y ~~ 10 Sentry Parkway, Suite 301 ~~, , ~ \~ ~r~~ C11 J=1~~' ~~~Attorney for Defendant Blue Bell, PA 19422 ~ ~;., ,. ~ ., ~.. ~ : +~~ ~ ~~ Elizabeth DeFluri Phone No.: (215) 274-1720 MICHAEL KAYDO : COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 12-6670 Civil Team ELIZABETH DeFLURI Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants, ELIZABETH DeFLURI in the above captioned matter. WILLIAM J. FERREN & ASSOCIATES J seph P. Birmingham, Esqu' e Attorney for Defendant Elizabeth DeFluri WILLIAM J. FERREN & ASSOCIATES By: Joseph P. Birmingham, Esquire Identification No. 8821.0 10 Sentry Parkway, Suite 301 Blue Bell, PA 1.9422 Phone No.: (215) 274-1720 _. .. '_' ! ~~!~E~,, ~r ~~ '~ 1 Atlor ,~dr~~~~~~t Elizabeth DeFluri MICHAEL KAYDO Plaintiff v. ELIZABETH DeFLURI Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-6670 Civil Team DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: A jury trial is hereby demanded in the above-captioned matter on behalf of the Defendant ELIZABETH DeFLURI. A jury of twelve (12) jurors is demanded. WILLIAM J. FERREN & ASSOCIATES By: ~ - eph P. Birmingham, Es ire Attorney for Defendant Elizabeth DeFluri Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail• Spears hhrlaw com MICHAEL KAYDO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA `~ Plaintiff ~ "' NO. 12-6670 ~~ ^~ :.~.: _~, ELIZABETH DeFLURI z~ ~ ~i°°` CIVIL ACTION -LAW Z~ ~' ~~` ~~ ~ ~~ Defendant ~-<..~ ~ ~±±~ ~ ~ -c9 ~ -~.., 3? c-~ ~ -~ ---~ ~ ~3 ~ f~• CERTIFICATE OF SERVICE ~• :-' _..~ cn On 11/30/12, I hereby certify that a true and correct copy of Plaintifi~'s ~eque'st for Production of Documents Directed to Defendant, Elizabeth DeFluri and Plaintiffs First Set of Interrogatories Directed to Defendant, Elizabeth DeFluri was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Joseph P. Birmingham, Esq. Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 HANDLER, HENNING 8~ ROSENBERG, LLP Dated: 11 /30/12 Andrew .Spears f?ltTM I'll DEC 1 9 PH 2: 31 Andrew c. Spears rUM19FRLAND C0U1fT'( Attorney ID# 87737 PENNSYLVANIA HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: S ears hhrlaw.com MICHAEL KAYDO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 12-6670 : CIVIL ACTION - LAW ELIZABETH DeFLURI Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Michael Kaydo, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and replies to the Defendant's New Matter as follows: 16. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 17. The averments of this paragraph constitute conclusions of law to which no response is required. If' a response is required, the Pennsylvania Comparative Negligence Act speaks for itself. By way of further response any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 18. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Motor Vehicle Financial Responsibility Act §1705 and §1722 speak for themselves. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 19. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, Plaintiff avers that the subject motor vehicle collision took place on June 6, 2011. According to Pennsylvania Law the Statute of Limitations for any claims arising from this collision would expire on June 5, 2013. This action was commenced on October 29, 2012, well within the applicable two year Statute of Limitations. 20. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 21. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff are hereby denied. WHEREFORE, Plaintiff, Michael Kaydo, respectfully requests that this Honorable Court dismiss Defendant's New Matter with prejudice, enter judgment in his favor, and enter such other Orders as are just and equitable. DATED: \4 _ Respectfully submitted, HANDLER, H NING & ROSENBERG, LLP By: -7?N, Andrew . Spears, Esquire I.D. #87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R C.P. NO. 1024 U Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C. S. §4904 relating to unsworn falsification to authorities. L Andrew C. ears, quire Date: December 17, 2012 Andrew C. Spears ' Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3025 E-mail: Spears@hhrlaw.com MICHAEL KAYDO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 12-6670 : CIVIL ACTION - LAW ELIZABETH DeFLURI Defendant CERTIFICATE OF SERVICE On 12/17/12, 1 hereby certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Joseph P. Birmingham, Esq. Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 HANDLER, HENNING & ROSENBERG, LLP Dated: 12/17/12 F?'? Andrew . Spears WILLIAM J. FERREN & ASSOCIATES By: Joseph P. Birmingham, Esquire Identification No. 88210 10 Sentry Parkway, Suite 301 Attorney for Defendant Blue Bell, PA 19422 Elizabeth DeFluri Phone No.: (215)274-1720 ca MICHAEL KAYDO - ="--* COURT OF COMMON PLEAT M 50 r •P Plaintiff CUMBERLAND COUNTY, P =' V. t NO. 12-6670 Civil Team c ELIZABETH DeFLURI r Defendant DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S ANSWERS TO DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Defendant, Elizabeth DeFluri, by and through her attorney,Joseph P. Birmingham hereby moves this Honorable Court to enter an Order compelling the Plaintiff, Michael Kaydo to respond to Defendant's Interrogatories and Request for Production of Documents, and in support thereof aver as follows: 1. By letter dated November 15, 2012, counsel for Defendant served Interrogatories and a Request for Production of Documents upon counsel for plaintiff. A true and correct copy of the letter of November 15, 2012, is attached hereto and marked as Exhibit"A". 2. Plaintiff neither responded to nor objected to Defendant's Interrogatories and Request for Production of Documents. 3. By letter dated February 11, 2013, counsel for Defendant wrote to counsel for Plaintiff requesting answers to this outstanding discovery. A true and correct copy of the letter of February 11, 2013, is attached hereto and marked as Exhibit"B". 4. To date, Plaintiff has not provided any answers to this outstanding discovery. 5. Defendant is severely prejudiced in his defense of this matter by Plaintiff's failure to provide answers to this outstanding discovery. WHEREFORE, Defendant, Elizabeth DeFluri respectfully request this Court grant the attached Order compelling Plaintiff, Michael Kaydo to respond to Defendant's Interrogatories and Request for Production of Documents within ten(10)days of the date of this Order. Respectfully submitted, WILLIAM J. FERREN& ASSOCIATES By: zaekqK-z oseph . Birm ngham, Esquir Attorney for Defendant Elizabeth DeFluri WILLIAM J. FERREN &ASSOCIATES By: Joseph P. Birmingham, Esquire Identification No. 88210 10 Sentry Parkway, Suite 301 Attorney for Defendant Blue Bell, PA 19422 Elizabeth DeFluri Phone No.: (215)274-1720 MICHAEL KAYDO : COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 12-6670 Civil Team ELIZABETH DeFLURI : Defendant MEMORANDUM OF LAW IN SUPPORT MOTION I. FACTS Defendant propounded Interrogatories and Request for Production of Documents upon Plaintiff November 15, 2012. See Exhibit "A". To date, Michael Kaydo has failed to provide any responses or objections to Defendant's Interrogatories and Request for Production of Documents although Defendant has attempted to obtain this discovery from Plaintiff. Therefore, Defendant has no alternative but to file a Motion to Compel Plaintiff's Answers to Defendant's Interrogatories and Request for Production of Documents. II. LEGAL ARGUMENT Pennsylvania Rule of Civil Procedure 4009(a)(1) provides that any party may serve on any other party a Request to Produce. Specifically, this Rule permits the party making the request, or someone acting on his behalf, to inspect and copy any designated documents, or to inspect and copy, test or sample any tangible things which constitute or contain matters within the scope of Rule 4003.1 through 4003.5 inclusive, and which are in the possession, custody or control of the party upon whom the request is served. Rule 4009(b)(2) provides that the party upon whom the request is served shall serve a written response within thirty (30) days after the service of the request. This Rule further provides that the party submitting the request may move for an Order under Rule 4019(a) with respect to any objection to, or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. Pennsylvania Rule of Civil Procedure 4019(a)(vii) provides that the Court may, on Motion, make an appropriate Order if a party, in response to a request for production or inspection made under Rules 4005 and 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested. Pennsylvania Rule of Civil Procedure 4005 provides that any party may serve upon any other party to litigation written Interrogatories concerning the subject matter of that litigation. Pennsylvania Rule of Civil Procedure 4006 provides that the party so served must file answers and/or objections to the Interrogatories within thirty (30)days after service thereof. Despite the repeated requests of Defendant, to date Plaintiff, Michael Kaydo has failed to respond to Interrogatories and Request for Production of Documents within thirty (30) days as required by the Pa. Rules of Civil Procedure. The responses to Defendant's Interrogatories and Request for Production of Documents are long overdue and therefore, Plaintiffs failure to answer Defendant's Interrogatories and Request for Production of Documents is a blatant violation of the Pennsylvania Rules of Civil Procedure. Further, Plaintiff, Michael Kaydo's failure to answer Defendant's Interrogatories and Request for Production of Documents works a severe prejudice on Defendant's preparation of his defense in this case. WHEREFORE, based upon the foregoing Defendant request that this Honorable Court enter the proposed Order. Respectfully submitted, WILLIAM J. FERREN & ASSOCIATES By. .- seph P. Birmingham, Esqu' Attorney for Defendant Elizabeth DeFluri VERIFICATION I, Joseph P. Birmingham, Esquire, attorney of record for Defendant,hereby verify that the statements made in the foregoing Motion to Compel, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. seph P. Birmingham, Esquir Attorney for Defendant Elizabeth DeFluri Date: /�/3 WILLIAM J. FERREN& ASSOCIATES By: Joseph P. Birmingham, Esquire Identification No. 88210 10 Sentry Parkway, Suite 301 Attorney for Defendant Blue Bell, PA 19422 Elizabeth DeFluri Phone No.: (215) 274-1720 MICHAEL KAYDO COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 12-6670 Civil Team ELIZABETH DeFLURI Defendant CERTIFICATE OF SERVICE I, Joseph P. Birmingham, Esquire, attorney of record for Defendant hereby certify that I served a true and correct copy of the foregoing Motion to Compel Plaintiff. Rosalind Regitko's Answers to Interrogatories and Request for Production of Documents on the 18th day of March 2013 electronically and/or via First Class Mail upon all interested parties of record addressed as follows: Andrew O. Spears, Esquire Handler, Henning& Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 WILLIAM J. FERREN& ASSOCIATES By: re seph . Birmingham, Esq ire Attorney for Defendant Neal Roach EXHIBIT "A" LAW OFFICES OULLIM J.FERKEN&ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Telephone: (21 S) 274-1700 Facsimile: (215)274-1735 Joseph P.Birmingham,Esquire Direct Dial: (215)274-1720 E-Mail: birming r{�travelers.com November 15,2012 Andrew 0. Spears,Esquire Handler,Henning&Rosenberg,L.L.P. 1300 Linglestown Road Harrisburg,PA 17110 Re: Case Name: Michael Kaydo v. Elizabeth DeFluri Docket Number: Cumberland County,CUP 2012-6670 Claim Number: M1409 Dear Mr. Spears: Please be advised that I have been retained to represent the interest of Defendant Elizabeth DeFluri with regard to the above referenced matter: I am enclosing herein my Entry of Appearance and Demand for Jury Trial, the originals of which are being duly filed with the Court. I have also enclosed Defendant's Interrogatories and Request for Production of Documents addressed to Plaintiffs in regard to the above-captioned matter. Please respond to same in accordance with the Pennsylvania Rules of Civil Procedure. I would appreciate a reasonable extension of time within which to file an Answer to Plaintiffs Complaint. Unless I hear from you differently, I will assume that you have no, objection to my request. Thank you for your kind attention to this matter. Very truly yours, oseph P. Birmingham JPB{am Enclosures cc: Elizabeth DeFluri Jessica Hartman EXHIBIT "B" LAW OFFICES WILLIAM J. FERREN&ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Telephone: (215) 274-1700 Facsimile: (215)274-1735 Joseph P. Birmingham, Esquire Direct Dial:(215)274-1720 E-Mail: .ibirmineAtravelers.com February 11,2013 Andrew O. Spears,Esquire Handler, Henning&Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg,PA 17110 Re: Case Name: Michael Kaydo v.Elizabeth DeFluri Docket Number: Cumberland County,CCP 2012-6670 Claim Number: HIB1409 Dear Mr. Spears: On November 15, 2012, I forwarded Defendant's Interrogatories and Request for Production of Documents to your attention. To date, I have not received any response. Please be advised that if I do not receive a response within the next 10 days, I will be forced to file a Motion to Compel same. Should you have any questions,please do not hesitate to contact me. Very truly yours, oseph P. Birmingham JPB/am Enclosures cc: Elizabeth DeFluri Marcie Machemer Not a Partnership or Professional Corporation All attorneys are Employees of The Travelers Indemnlly Company And its Property CasualtyAlt9llates COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MICHAEL KAYDO COURT OF COMMON PLEAS Plaintiff V. NO. 12-6670 Civil Team ELIZABETH DeFLURI Defendant ORDER t� AND NOW, this da y of `,,,\a4 G`h , 013, upon consideration of Defendant, Elizabeth DeFluri's Motion to Compel Plaintiff Michael Kaydo's Answers to Defendant's Interrogatories and Request for Production of Documents, it is heby directed and ordered that Plaintiff, Michael Kaydo, shall provide full, complete and verified answers, to Defendants' Interrogatories and Request for Production of Documents within ten (10) days of this Order, or suffer sanctions upon further application to this Court. i BY THE COURT: CD cv s z -vr.._ cn ry :z M i Cn c i C- 1u, sX ,P��t r :�.,-,�___.._,.,__ �. . . - ;{, �°�f:' ='� .r,.: Attorney ID#87737 HANDLER, HENNING& ROSENBERG, LLP 1300 Linglestown Road ar Harrisburg,.PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff Fax : (717)233-3029 E-mail: Spears @hhriaw.com `� Wi f� a YLVAU1 _ MICHAEL KAYDO : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 12-6670 CIVIL ACTION - LAW ELIZABETH DeFLURI Defendant CERTIFICATE OF SERVICE AND NOW,this day of March, 2013, 1 hereby certify that I have, on this date, served the within Plaintiff's Response to Defendant's Request For Production of Documents, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Joseph Birmingham, Esq. 10 Sentry Parkway,Ste. 301 Blue Bell, PA 19422 Respectfully submitted, HANDIER, HENNING& ROSENBERG, LLP Date: l By: Andrew C. Spears, sq. Attorney ID No. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff OF THE RO HONO raRY 1013 APR -8 PH -� 00 Andrew C.Spears I;4 c(A TY Attorney ID#87737 E AR HANDLER, HENNING& ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff Fax : (717)233-3029 E-mail: Speam@hhrlaw.com MICHAEL KAYDO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 12-6670 CIVIL ACTION - LAW ELIZABETH DeFLURI Defendant CERTIFICATE OF SERVICE AND NOW,this day of April, 2013, 1 hereby certify that I have, on this date, served the within Plaintiff's Answers to Defendant's Interrogatories, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Joseph Birmingham, Esq. 10 Sentry Parkway, Ste. 301 Blue Bell, PA 19422 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By_ Andrew C. ears, Esq. Attorney ID No. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff MICHAEL KAYDO ° N COURT OF COMMON PLEAS Plaintiff rnco CUMBERLAND COUNTY, PA V. r.. NO. 12-6670 Civil Team '`z ELIZABETH DeFLURI Zz c?-T c�. Defendant . ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above captioned matter as Settled, Discontinued and Ended. BY: Handler, Henning&Rosenberg,LLP Andrew C.Spears, Esq. Attorney for Plaintiff