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Home My WebLink About01-05508 DAVID R. RICCIO, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. HAZLETT & OESTERLING and GREGORY S. HAZLETT, ESQUIRE, and GREGORY S. HAZLETT, individually, Defendants. 01-5508 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted, NEALON & By: Date: ~~ '® TO THE PLA{NT1FF: James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Ruie or suffer a judgment of non pros. DATED: s="~~~ Prothonotary ,..: „~ DAVID R. RICCIO, Plaintiff V. HAZLETT & OESTERLING and GREGORY S. HAZLETT, Esq., and GREGORY S. HAZLETT, individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5508 CIVIL TERM JURY TRIAL DEMANDED IN RE: MOTION FOR PRE-COMPLAINT DISCOVERY ORDER OF COURT AND NOW, this 26th day of October, 2001, following argument thereon, the motion of the plaintiff for pre-complaint discovery is denied. By the Court, Susan Kay Candiello, Esquire For the Plaintiff James Nealon, Esquire For the Defendant :bg ~~ ~~ A. Hess, J, I "- !p -~ ~, ~~ ~~S "~RlxduvNnL'hN'da xt o'm,~+~~',Jv4iwnv ...^1'~t'sa N~BN4.~. w=%. ed -i`~~JZIdY~z - - El is vial' 1~~.u1~1 L':iCi n r ~ .>~ ?0 i DAVID R. RICCIO, Plaintiff, v. HAZLETT & OESTERLING and GREGORY S. HAZLETT, ESQUIRE, and GREGORY S. HAZLETT, individually, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. 01-5508 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED RESPONSE OF THE DEFENDANTS TO PLAINTIFF'S MOTION FOR LEAVE TO DO PRE-COMPLAINT DISCOVERY 1. Admitted. 2. It is admitted that the divorce action filed on behalf of the Plaintiff has been opened by the Cameron County court. It is specifically denied that it was opened as a result of any "fraudulent actions" by the Defendants. On the contrary, the reasons for opening the divorce are stated by the court and speak for themselves. 3. It is specifically denied that Defendants engaged in any "fraudulent actions". By way of further averment, Plaintiff would have been subjected to "numerous actions by Plaintiff's wife" regardless of any actions of the Defendants. 4. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. 5. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. 6. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. 7. It is admitted that the Defendants do not have any professional liability insurance. 8. Defendants would have no way of knowing the Plaintiffs "fears" and, therefore, have no way to respond to Paragraph 8 of the Motion. 9. While knowing the personal assets of the Defendants may be of some help to the Plaintiff, the discovery of financial information is not permitted unless a judgment has been obtained. See, e.g., lorio v. Carnegie Borough, 13 D. & C. 3d 236 (1980), Standard PA Practice 2d §34:49. Moreover, Defendants are not aware of any legal basis in which the Plaintiff could seek to "freeze assets" of the Defendants. As a result, any discovery into the financial condition of the Defendants should be precluded. Respectfully submitted, Date: ~~" ZZ~-~~ NEALON & GOVER, P.C. By: ~„ James G. Nealon, III, Esquire LD. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 CERTIFICATE OF SERVICE AND NOW, this ~~day of October, 2001, I hereby certify that I have served the foregoing RESPONSE OF THE DEFENDANTS TO PLAINTIFF'S MOTION FOR LEAVE TO DO PRE-COMPLAINT DISCOVERY on the following by facsimile addressed to: Susan K. Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717/796-1933 (facsimile number) James G. Nealon, III, Esquire J s e ~; ~,, „,, .. r.,"~.,.a..s. c-~ ~~ ~_, ._ -:, -a,`'' n _~ ~ cn " v - -~ . ' r-i ~~- _ `'C -~ :, ~' j i , .._ ~ i- DAVID R. ItICCIO, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, :PENNSYLVANIA vs. . NO. 01-5508 CIVIL TERM HAZLETT & OESTERLING, and GREGORY S. I3AZLETT, ESQUIRE, :CIVIL ACTION -LAW and GREGORY S. FIAZLETT, individually, Defendants :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby certify that I servied a true and correct copy of the Motion for Leave to do Pre-Complaint Discovery, and October 2, 2001 Order, in the above-referenced matter, by first-class United States mail, to the following: James G. Nealon, III, Esquire Nealon & Gover, P.C. 24}11 North Front Street Harrisburg PA 17110 Dated: October I I , 2001 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Can ' squ Counsel for P inli PA I.D. #6499 5021 East Trind oad Suite 100 Mechanicsburg PA 17050 (717)796-1930 r C ~ c II a J ~ Z C l ~ __~ ~'- e _... T f ~ ~.. C!>?=° to ' <- <L ' - -._«~? 3z ..~ ~ 'c 'r r.-. ~~ ~~ p~! ~4 ;'J ~ ~_ ~" c. ~~~1d 1 DAVID R. RICCIO, Plaintifff vs. HAZLETT & OESTERLING, and GREGORY S. HAZLETT, ESQUIIiE, and GREGORY S. HAZLETT, individually, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~7 NO. v, - 55C~ l : l c~ ~ CC~ CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECH'E FOR WRIT OF SUMMONS TO: Prothonotary Please issue a Writ of Summons in the above-captioned matter. The Writ of Summons shall be issued and forwazded to Hazlett & Oesterling, Gregory S. Hazlett, Esquire, and Gregory S. Hazlett. Plaintiffs Address: 571 Brighton Place Mechanicsburg, PA 17055 Dated: September~t , 2001 Defendants' Address: 22 South Mazket Street Mechanicsburg, PA 17055 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Can ' 're Counsel for PZ mhff PA LD. # 64 5021 East Trindle ,Suite 100 Mechanicsburg PA 17050 (717)796-1930 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. DATE: , 2001 S~.GC~. PROTHONOTARY. Y: d` y _ i)r_p_ •'lj ~ ~ ,,~ /ice .. ~] i ' ) V fi ~ a t~ ~ -~ ._ i+ ~ DAVID R RICCIO, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNA. v. 01-5508 CIVIL CIVIL ACTION -LAW HAZLETT & OESTERLING and GREGORY S. HAZLETT, ESQUIRE, and GREGORY S. HAZLETT, individually, Defendants. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Hazlett & Oesterling and Gregory S. Hazlett, Esquire, and Gregory S. Hazlett, individually, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER; ~.C. /, / ~ -_~, By: James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 (717)232-9900 ~ ~ CERTIFICATE OF SERVICE AND NOW, this day of October, 2001, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Susan K. Candiello, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 ~_ James G. Nealon, III, Esquire ~k .. C~ c :~ - r`r -, --~, mi-, ~ ~. .~ _; ,''r fir- -- .- r~ { ~C~ ~ ..:. r;o - -, ~~?~; D~ ~ ~rn i _ t~ { ;, DAVID R. RICCIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-5508 CIVIL CIVIL ACTION -LAW HAZLETT & OESTERLING and GREGORY S. HAZLETT, Esq., and GREGORY S. HAZLETT, individually, JURY TRIAL DEMANDED Defendants IN RE: MOTION TO DO PRE-COMPLAINT DISCOVERY ORDER AND NOW, this Z ° day of October, 2001, argument on the within motion to do pre-complaint discovery is set for Friday, October 26, 2001, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Susan Kay Candiello, Esquire For the Plaintiff Gregory S. Hazlett, Esquire :rlm BY THE COURT, '7 ~ 7~~4 Ke ' A. Hess, J. lo,o~.~ ., m „rTal3SVe'!o~'ffi~i~`t~=.-e'~..~n M~anc-.. ,~rd <w'~~ srr,-v_.-r ...•~, ~inr .,. o_v - ~ n~ve'~€Ln~diliMi "'- € f n3 _- Ci. ,_ l `r' 7.> 'l s ~ _ . s ~ y - h°° -;_1Lll C... _.. -) DAVID R. RICCIO, Plaintiff vs. HAZLETT & OESTERLING, and GREGORY S. HAAZLETT, ESQUIRE, and GREGORY S. HAZLETT, individually, Defendants AND NOW, this day of 2001, upon consideration of the Flaintiff, DAVID R. RICCIO'S MOTION FOR LEAVE TO DO PRE-COMPLAINT DISCOVERY, it is hereby ORDERED and DECREED that Plaintiff, DAVID R. RICCIO, may engage in discovery prior to filing a complaint in the above stated case. It is further ORDERED and DECREED that Defendants, HAZLETT & OESTERLING, and GREGORY S. HAZLETT, ESQUIRE, and GREGORY S. HAZLETT, as an individual, shall cooperate fully with all requests for discovery from the Plaintiff. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5508 CIVIL TERM CIVII. ACTION -LAW JURY TRIAL DEMANDED ORDER BY THE COURT: J. DAVID R. RICCIO, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA vs. NO. 01-550$ CIVIL TERM HAZLETT & OESTERLING, and GREGORY S. HAZLETT, ESQUIRE, :CIVIL ACTION -LAW and GREGORY S: HAZLETT, individually, Defendants :JURY TRIAL DEMANDED MOTION FOR LEAVE TO DO PRE-COMPLAINT DISCOVERY AND NOW, comes the Plainfiff, DAVID R. RICCIO, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following Motion For Leaue To Do Pre-Complaint Discovery. Plaintiff sought the services of Defendant to file and finalize Plaintiff's divorce. 2. Plaintiff s divorce has been put aside by the Cameron County Court as a result of alleged fraudulent actions by the Defendant. 3. Plaintiff has had to defend numerous actions by Plaintiff's Wife as a result of Defendant's alleged fraudulent actions. 4. There is information regarding the Defendant's legal practice which the Plaintiff must be able to obtain from the Defendant to be able to bring all the appropriate parties before the court in this action in a formal complaint. 5. There is information which Plaintiff must be able to obtain from the Defendant regarding the Defendant's alleged fraudulent actions to be able to brings this action before the court and draft a correct and comprehensive complaint. 6. Plaintiff has learned of other similar actions and aetivities of the Defendant which aze questionable. 7. Defendant has made numerous statements he does not have any malpractice insurance nor does he have any assets. 8. Plaintiff is fearful Defendant will take immediate action to transfer, disburse, and otherwise encumber any assets Defendant does have. 9. Plaintiffneeds to immediately be able to obtain knowledge of all of Defendant's assets to ask the court for an order to freeze the Defendant's assets until this case can be resolved. WHEREFORE, Plaintiff, DAVID R RICCIO, respectfully requests the Court to enter an order granting lrim the ability to engage in Pre-Complaint Discovery in the above stated action. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: September0~, 2001 ~~__, Susan Kay andi lo, Esquire Counsel for lain 'ff PA LD. # 64 5021 East Trindle Road, Suite 100 Mechanicsburg PA 17050 (717)796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, informafion, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsercation to authorities. DATED: ~ iL ~ , 2001 ~~~ AVID R C c~ ~ ' __ - -r' R'~= ~ ~" = ~: ; _ _ y-~ ~_- ~a - , A _ !('. (; T, _ C_ _ W ` K. ~ '` - i DAVID R. RICCIO, Plaintiff, v. HAZLETT & OESTERLING and GREGORY S. HAZLETT, ESQUIRE, and GREGORY S. HAZLETT, individually, Defendants. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. 01-5508 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action discontinued with prejudice. Respectfully submitted, Date: ~ F7 , ~-®~~ Susan K. Cafd" uin I . D. #: (o ~ 8' 5021 East Tn dle oad Suite 100 Mechanicsburg, PA 17050 _ _ _ . _. ., r ~ CERTIFICATE OF SERVICE AND NOW, this 22"d day of January, 2002, I hereby certify that I have served the foregoing PRAECIPE TO DISCONTINUE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Susan K. Candiello, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 w James . Ne n, III, squire s ,.... . .~~~;;~~..y ~ ~ m~. ,. ~, c~ ~vr~= ~ - : , _~, =~ '''_ "'` ~.?;_ ra ~:: c„ „ c~: r, ~~. ~ _ v _.~~ +~ ~~ Z '`