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In the Court of Common Pleas of Bucks County, Pennsylvania

CARL ILLENBERGER ET AL. Docket №.

Plaintiffs,

v. ORDER

STEVEN KORNOCK, ET AL.


Civil Action
Defendants.

RULE TO SHOW CAUSE


Doylestown, Pennsylvania 18902

ORDER
AND NOW, this _______ day of __________________, 2010, upon
consideration of the foregoing Petition it is hereby ORDERED
that:
MICHAEL J. BROOKS, ESQUIRE

1. A Rule is issued upon the Respondent(s) to show cause why


(215) 230-3761

the Petitioner is not entitled to the relief requested:


Attorney-at-Law
LAW OFFICES

2. The Respondent(s) may file an Answer to the Petition on


or before ___________________;
3724 East Brandon Way

3. In the event of a response, the Petition shall be decided


under Pa.R.C.P. No. 208.3(b);
4. Depositions shall be completed within ________ days of
the date of response; and
5. Notice of the entry of this order shall be provided to
all parties by the Petitioner.

BY THE COURT:

__________________________________
J.
In the Court of Common Pleas of Bucks County, Pennsylvania

CARL ILLENBERGER ET AL. Docket №.

Plaintiffs,

v. ORDER

STEVEN KORNOCK, ET AL.


Civil Action
Defendants.
Doylestown, Pennsylvania 18902

MOTION FOR ORDER PURSUANT TO RULE 229(b)

ORDER

AND NOW, this _______ day of __________________, 2010, upon


MICHAEL J. BROOKS, ESQUIRE

consideration of the within Motion of the Law Offices of Michael


(215) 230-3761
Attorney-at-Law
LAW OFFICES

J. Brooks, Esquire, it is hereby ORDERED the Prothonotary mark

the above captioned action Settled, Discontinued and Ended, upon


3724 East Brandon Way

payment of costs, as to the following Defendants: Christopher

Cazier, Donovan Chung, Russell Freer, Anthony Grillo, Eric

Halberstadt, John Kalis, Kyle Lynch, Oliver Deanco, Freddie

Pantini, Steven Park, Zachary Raffle, Thomas Romeo, and Beau

Ziegler.

BY THE COURT:

__________________________________
J.
In the Court of Common Pleas of Bucks County, Pennsylvania

CARL ILLENBERGER ET AL. Docket №.

Plaintiffs,
MOTION FOR ORDER PURSUANT
v. TO RULE 229(b)

STEVEN KORNOCK, ET AL.


Civil Action
Defendants.

MOTION FOR ORDER PURSUANT TO RULE 229(b)


Doylestown, Pennsylvania 18902

AND NOW, comes the Law Offices of Michael J. Brooks,

Esquire, attorney for Plaintiffs, who moves this Honorable Court


MICHAEL J. BROOKS, ESQUIRE

to enter an appropriate Order under the provisions of Rule


(215) 230-3761
Attorney-at-Law
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229(b) of the Pennsylvania Rules of Civil Procedure for the

following reasons:
3724 East Brandon Way

1. On or about October 20, 2009 the above referenced

matter was to be tried. As the result of settlement

negotiations on or about that date and prior thereto,

Plaintiffs were able to reach numerious settlements and

avoid a trial.

2. Since that time, defendants Christopher Cazier,

Donovan Chung, Russell Freer, Anthony Grillo, Eric

Halberstadt, John Kalis, Kyle Lynch, Oliver Deanco, Freddie

Pantini, Steven Park, Zachary Raffle, Thomas Romeo, and

Beau Ziegler, have all complied with the terms of

settlement and such settlements are complete.

3. Since that time either due to the extended terms of


the settlement or otherwise, other settlements remain

outstanding, and it is anticipated will remain outstanding

for a continuing period.

4. The defendants who have completed the terms of their

settlement, appropriately and continuously, request

Plaintiffs file discontinuance so such compiling defendants

may close their files. Accordingly, Plaintiffs seek leave

to file discontinuance as to less than all defendants.


Doylestown, Pennsylvania 18902

DATED: March 31, 2010 LAW OFFICES


MICHAEL J. BROOKS, ESQUIRE
MICHAEL J. BROOKS, ESQUIRE

Attorney-at-Law
3724 East Brandon Way
(215) 230-3761
Attorney-at-Law
LAW OFFICES

Doylestown, Pennsylvania 18902


(215) 230-3761

By:___________________________________
3724 East Brandon Way

Michael J. Brooks, Esquire


Attorney for Plaintiffs
Supreme Court I.D. No. 74630
In the Court of Common Pleas of Bucks County, Pennsylvania

CARL ILLENBERGER ET AL. Docket №.

Plaintiffs,
MEMORANDUM IN SUPPORT OF
v. PLAINTIFFS’ MOTION FOR
ORDER PURSUANT TO RULE
229(b)
STEVEN KORNOCK, ET AL.
Civil Action
Defendants.

MEMORANDUM IN SUPPORT OF PLAINTIFFS’ MOTION FOR ORDER


Doylestown, Pennsylvania 18902

PURSUANT TO RULE 229(b)

I. HISTORY OF THE CASE

1. On or about October 20, 2009 the above referenced matter


MICHAEL J. BROOKS, ESQUIRE

was to be tried. As the result of settlement negotiations on or


(215) 230-3761
Attorney-at-Law
LAW OFFICES

about that date and prior thereto, Plaintiffs were able to reach

settlements and avoid a trial.


3724 East Brandon Way

2. Since that time, defendants Christopher Cazier, Donovan

Chung, Russell Freer, Anthony Grillo, Eric Halberstadt, John

Kalis, Kyle Lynch, Oliver Deanco, Freddie Pantini, Steven Park,

Zachary Raffle, Thomas Romeo, and Beau Ziegler, have all

complied with the terms of their respective settlements and such

settlements are complete.

3. Since that time either due to the extended terms of the

settlement or otherwise, several other settlements remain

outstanding, and it is anticipated will remain outstanding for a

continuing period.
II. HOW THE QUESTION IS RAISED

The defendants who have completed the terms of their

settlement, appropriately, seek to have Plaintiffs file

discontinuance and close their files. Accordingly, Plaintiffs

seek leave to file discontinuance as to less than all

defendants.

III. QUESTION INVOLVED


Doylestown, Pennsylvania 18902

A. WHEATHER PLAINTIFFS MAY OBTAIN LEAVE TO FILE


DISCONTINUANCE AS TO LESS THAN ALL DEFENDANTS.

IV. ARGUMENT

Pennsylvania Rule of Civil Procedure 229(b), although


MICHAEL J. BROOKS, ESQUIRE

(215) 230-3761

preventing the Prothonotary from entering discontinuance as to


Attorney-at-Law
LAW OFFICES

less than all defendants, allows the Plaintiffs to seek leave of


3724 East Brandon Way

court after notice to all parties. Accordingly, in order that

defendants, who have long since completed the terms of their

respective settlements, may have a discontinuance filed, and

formally close their files, Plaintiffs seek to file a

discontinuance to less than all defendants.


V. CONCLUSION

For all the above reasons, Plaintiffs respectfully request

pursuant to Pa. R. Civ. P. 229(b) the Court Order that the

Prothonotary mark the above captioned action Settled,

Discontinued and Ended, upon payment of costs, as to the

following Defendants: Christopher Cazier, Donovan Chung,

Russell Freer, Anthony Grillo, Eric Halberstadt, John Kalis,

Kyle Lynch, Oliver Deanco, Freddie Pantini, Steven Park, Zachary


Doylestown, Pennsylvania 18902

Raffle, Thomas Romeo, and Beau Ziegler.

DATED: March 31, 2010 Respectfully submitted,


MICHAEL J. BROOKS, ESQUIRE

LAW OFFICES
(215) 230-3761
Attorney-at-Law
LAW OFFICES

MICHAEL J. BROOKS, ESQUIRE


Attorney-at-Law
3724 East Brandon Way
Doylestown, Pennsylvania 18902
3724 East Brandon Way

(215) 230-3761

By:___________________________________
Michael J. Brooks, Esquire
Attorney for Plaintiffs
Supreme Court I.D. No. 74630
In the Court of Common Pleas of Bucks County, Pennsylvania

CARL ILLENBERGER ET AL. Docket №.

Plaintiffs,
VERIFICATION
v.

STEVEN KORNOCK, ET AL.


Civil Action
Defendants.

ATTORNEY VERIFICATION
Doylestown, Pennsylvania 18902

This will certify that I, Michael J. Brooks, Esquire, am

the attorney of record for the Plaintiffs, with regard to the

MOTION FOR ORDER PURSUANT TO RULE 229(b); that I am authorized


MICHAEL J. BROOKS, ESQUIRE

to take this verification on behalf of said Plaintiffs, and that


(215) 230-3761
Attorney-at-Law
LAW OFFICES

the facts set forth are true and correct to the best of my

knowledge, information, and belief.


3724 East Brandon Way

I understand statements herein are made subject to the

penalties of 18 Pa. C.S.A. '4904, relating to unsworn

falsification to authorities.

DATED: March 31, 2010 LAW OFFICES


MICHAEL J. BROOKS, ESQUIRE
Attorney-at-Law
3724 East Brandon Way
Doylestown, Pennsylvania 18902
(215) 230-3761

By:___________________________________
Michael J. Brooks, Esquire
Attorney for Plaintiffs
Supreme Court I.D. No. 74630
In the Court of Common Pleas of Bucks County, Pennsylvania

CARL ILLENBERGER ET AL. Docket №.

Plaintiffs,
CERTIFICATION OF SERVICE
v.

STEVEN KORNOCK, ET AL.


Civil Action
Defendants.
Doylestown, Pennsylvania 18902

I, Michael J. Brooks, Esquire, hereby certify that on March

31, 2010, I served a true and correct copy of the within Motion

on the following:
MICHAEL J. BROOKS, ESQUIRE

(215) 230-3761
Attorney-at-Law
LAW OFFICES

See Attached Service List

All counsel of record, via electronic mail and/or first class


3724 East Brandon Way

mail, postage prepaid, all pro se first class mail, postage


prepaid.

DATED: March 31, 2010


LAW OFFICES
MICHAEL J. BROOKS, ESQUIRE
Attorney-at-Law
3724 East Brandon Way
Doylestown, Pennsylvania 18902
(215) 230-3761

By:___________________________________
Michael J. Brooks, Esquire
Attorney for Plaintiffs
Supreme Court I.D. No. 74630