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Home My WebLink About97-01950 "r ~ .. ~ ~ ~ 'i.. \) ~ ~ " <t ~ } / ../ ~ " " / ! ~ J .::1 '.j ~ ~ ....... KELLY W. MACKERETH nnd STACIE MACKERETH, P1nlntiITs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97. I q!i 0 CIVIL TERM WILLIAM C. VOHS, ESQUIRE, nnd MICHAEL J. HANFI', ESQUIRE, t/d/b/a HANFI' & VOHS, : JURY TRIAL DEMANDED Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to dcfend ngninst thc clnlms sct forth In thc following pages, you must take action within twenty (20) days llfier this Complnlnt nnd Notice are served, by entering a written appearnnce personally or by attorney nnd filing in writing with the Court your defenscs or objections to the c1nlms set forth against you. You are warned that if you fnil to do so thc casc may proceed without you nnd ajudgment may be entered against you by the Court without further notice for any money c1nlmed in the Comp1nlnt or for nny other c1nlm or reliefrequesled by the P1nlntiIT. 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 ALAWYERORCANNOTAFFORDONE,GOTOORTELEPHONETHEOFTICESETFORTHBELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberlnnd County Courthouse Fourth Floor Carlislc, PA 17013 (717) 240.6200 6. On or about November 6, 1995, PlainlilT retained the services of the Defendant, William C. Yohs, an attorney and counselor at low, and the Law Firm of Hanft & Yohs, licensed to pracUce In the Commonweolth of Pennsylvania for the purpose of prosecuUng an acUon on behnlf of lhe PloInUlf nnd ogolnst Mr. Hoke for the uuuries which Plointilf sustained. 7. Defendants undertook to provide legal services on plaintiff's behnlf. 8. At aU relevant times, Defendants owed Plointilf the duty to use due care in the handling of the legal matters for which lhey were retained. 9. On February 5, 1996, the Defendants roused to be med in the Court of Common Pleos of Cumberlond Counly, Pennsylvania, at Civil Action 9&00616, n Writ of Summons in which the Plointilf, Kelly W. Mnckerelh, wos named os the PlaintilT and Mr. Hoke WOB named os Defendant. 10. A copy of this Writ of Summons is attached os Exhibit 'A" and incorporated in this Comploint. (See Exhibit 'A") 11. The accident, which wos the subject malter of Civil Action 96-00616, occurred on February I, 1994. 12. Defendants admitted lhat the subject nccident occurred on February I, 1994 in their Reply to New Matter in Civil Action 96-00616, at paragraph number 12. (See Exhibits 'B' and 'C') 13. February I, 1996, wos a Thursday and was not a holiday. 14. Defendants admitted that February I, 1996, wos a Thursday and wos not a holiday in their Reply to New Matter in Civil Action 96-00616, at paragraph number 17. (See Exhibils 'B' and 'C') 15. A copy of Defendant's (Hoke) Answer nnd New Matter is attsched os Exhibit 'B' and incorporated in the Complaint. 16. A copy of Plaintiff's (Defendants in this aclionl reply to Defendanl's New Matter is attached os Exhibit 'C' and incorporated in the Complaint. 17. The Cumberlond Counly Courlhouse and the Prolhonolnry's office were open for business on February I, 1996. 18. Defendants admilted this in their reply 10 New Matter in Civil Action 96.00616, at paragraph number 18. (See Exhibils 'B' and 'C') 19. Defendants delayed action in riling the Writ of Summons more than two years afl.er the accident caused the Plaintiff's action to be barred by the provisions of 42 Pa.C.S.A. A 5524, dealing with the Statute of Limitations on civil actions. 20. Due to the delay oflhe Defendants' actions or lack thereof, Mr. Hoke, by and through his attorney med for a Sununnry Judgment, which motion was granted by the Honorable Kevin A. Hess on October 2, 1996. (See Exhibit 'D') 21. A copy of the Order for Sununnry Judgement is attached and marked lIS Exhibit 'D' and incorporated in this Complaint. COUNT I _ PROFESSIONAL NEGLIGENCE ATTORNEY MALPRACTICE AS TO PLAINTIFF KELLY W. MACKERETH 22. Paragraph 1 through 21 above are incorporated herein by reference lIS if fully presented here. 23. Defendants failed to exercise ordinarY skill, knowledge and judgement in rendering these legal services, and in disregard to their duty owed to plaintiff, Defendants committed one or more of the following negligent acts: a. Defendants negligently delayed in taking action on behalf of the plaintiff; b. Defendants negligently failed to me suit on Plaintiff's behalf before the statute of \imitations ran; c. Defendants waited until February 5, 1996, to me suit on a cause of action which occurred on February 1, 1994, thereby causing irreparable harm to the Plaintiff due to the statute of \imitations; d. Defendant's negligent action or inaction was a subst.antinl factor in causing it1iuries to their client, the plaintiff, Kelly W. Mackereth; e. Defendant's negligent action or inaction hllB elfectively terminated their client's, the plaintiffs, chances of recovery; and f. Defendant's negligent action or inaction hllB destroyed any rellSonsble possibility of their client's, the plaintiffs, success in recovery. . '.- IH THE COURT OF COI'!MON PLEAS OF CU}lBERLAND COUNT'i, PENNSYLVANIA KELLY W. l1ACKERETH, plaintiff CIVIL ACTION - LAW NO. 96- tslV CIVIL TERM v. RICHARD E. HAKE, Defendant WRIT OF SUMl10NS I'IIUT OF Smfi.\ONS TO: RICHARD E. HAKE 990 JUG ROAD YORK, PA 17404 You are hereby notified that Kelly W. Mackereth, the plaintiff, has commenced an actic~ against you. Date: J. {. ''If., Seal of ~:he Court of COr.UT,OTl Pleas of cumbel:land county By: ~u II m,N, ~ Deputy TRUE COpy FROM RECORD " TestImony whereof, I here unto set my l1and Gnu the seal 01 said Court at Carlisle, Pa. I nis .:r..1- day of"i Iwo,,! 19 Ii (. '---1..1" r; 111; 1.',., I I'J~ II' ~ . Prothon~!y " f' ' ':.-.' 'I .' "'-1; \AIl \ l (~VV\. ~ VO~5 117-~~~-5373 -. WHEREFORE, Defendant Richard E. Hake demands judgment in his favor and against Plaintiff. NEW MATTER ,! 12. The accident which is the subject matter of Plaintiff's Complaint occurred on February 1, 1994. I' 13. The subject accident was investigated by the Pennsylvania State Police. I~ 14. Exhibit "A" hereto is a true and correct copy of the Police Accident Report regarding the subject accident. ) 15. Plaintiff's suit against Defendant was commenced by the filing of a writ of summons on February 5, 1996. ~!< 16. Exhibit "B" hereto is a true and correct copy of the aforesaid writ of summons filed by plaintiff on February 5, 1996. l' 17. February 1, 1996 was a Thursday and was not a holiday. The Cumberland County Courthouse and the Prothonotary's 1'-' lB. office were open for business on February 1, 1996. ) 19. Plaintiff's cause of action as alleged in the Complaint Ct,,"-- .'/, (tl'.' arose more than two (2) years prior to the institution of this suit and is barred by the provisions of 42 Pa.C.S.A. ~5524. IJ 20. Plaintiff's claims may be barred or limited by provisions of the Motor Vehicle Financial Responsibility Act, including but not limited to 75 Pa.C.S.A. ~1722. I J 21. Plaintiff is p:-ecluded from maintaining an action for any noneconomic losses if his injuries do not constitute "serious" injuries. -2- CERTIFICATE OF SERVICE AND NOW, this 19th day of August, 1996, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, attorneys for Defendant, hereby certify that I have this day served the within Defendant's Answer and New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: william C. Vohs, Esquire Hanft & Vohs 11 West Pomfret Street, Suite 2 Carlisle, PA 17013 THOMAS, THOMAS & HAFER 0.6 ~ C. Kent Price, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY W. MACKERETH, Plaintiff v. CIVIL ACTION - LAW "J 0:1 :-j :j ::J -r;; "0 ~J6 --, -"?5 ;i.~nl ;7', ::~ -, _.~ !~~ <..., RICHARD E. HAKE, Defendant NO. 96-00616 -". r;i- -.' PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER ~~ - r-:.: . ~.~:.. ... "'.' :.> by:: an~. . - - AND NOW, comes the Plaintiff, Kelly W. Mackereth, through his attorneys, Hanft & Vohs, and replies to Defendant's New Matter as follows: 12. Admitted. 13. Admitted. 14. Exhibit "A" speaks for itself. . 15. Denied. The averments in paragraph fifteen (15) are conclusions of all to which no responsive pleading is required and strict proof thereof is demanded at trial. A reply to this averment is not required because it is a conclusion of law. 16. Exhibit "B" speaks for itself. 17. Admitted. lB. Admitted. 19. Denied. The averments in paragraph nineteen (19) are conclusions of all to which no responsive pleading is required and strict proof thereof is demanded at trial. A reply to this averment is not required because it is a conclusion of law. 20. Denied. The averments in paragraph twenty (20) are conclusions of all to which no responsive pleading is required ''CU[]lll1~I~1P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDY K. KAIL and DONALD M. KAIL, JR., Husband & Wife, plaintiff CIVIL ACTION LAW v. No. 96-2864 civil Term DONALD WALLACE, Defendant CERTIFICATE OF SERVICE AND NOW, this 3rd day of september, 1996, I, William C. Vohs, Esquire, hereby certify that the following persons were served with a true and correct copy of the Plaintiff's Answer to Defendant's New Matter by United States Mail, First Class, postage Prepaid, addressed as follows: C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 1710B W lllam C. Vohs, Esqulre Attorney ID No. 65208 11 West Pomfret street, suite 2 Carlisle, PA 17013 (717)249-5373 r~lT.u.t'tJ,mt~., ..,.. VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalities of 18 Pa. section 4904 relating to unsworn falsificatio~ to authorities. Ii . -H .. , I I" , - "I I. ~(Q)[?JV KEllY W. MACKERETIi, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERlAND COUNfY, PENNSYLVANIA CIVIL ACTION - LAW vs. RICHARD E. HAKE, Defendant 96.00616 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BEFORE HOFFER AND HESS. J1. ORDER AND NOW, this 2.... day of October, 1996, following argument thereon, it appearing that the instant suit WllS filed after thc expiration of the statute of limitations, the motion of the defendant for summary judgment is GRANTED. BY THE COURT, .4J William C. 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