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HomeMy WebLinkAbout99-07059®!' a '?_?: ;awl c; TIMOTHY L. HAYSLETT, Plaintiff V. JAMES.1. KAYER, Defendant IN THE COURT O(: CONINION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-6166 HA HENNING d RO ENBERG Matthew S. Cros y, Esq. I.D. #69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 _ Attorneys for Plaintiff DATE: L ?'? 2Up'p • mLlJcomplainWlcgal tnaUlun•+I¢tt i e TIMOTHY L. HAYSLETT, IN TI1E COURTOF COMMON PLEAS Plaintiff CUMBERLAND COUN'ri,, PENNSYLVANIA ?'• NO. 99-7059 CIVIL CIVIL ACTION - LAN JANIES J. KAYER, Del'cndnnt JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Timothy L. Hayslett, by and through his attorneys, HANDLER, HENNING & ROSENBERG, by Matthew S. Crosby, Esq., and brings the within Complaint against the Defendant, James J. Kayer, and, in support thercof, avers its follows: I. Plaintiff, Timothy L. Hayslett, is an adult individual who currently resides at Delta Company, 1/13 Armor, Fort Riley, KS 66442. 2. Defendant, James J. Kayer, Esq., is an adult individual currently doing business at 4 East Liberty Avenue, Carlisle, Cumberland County, PA 17013. 3. At all times material hereto, Defendant, James J. Kayer, was an attorney-at-law licensed to practice in the Commonwealth of Pennsylvania. 4. On or about D9ay 26, 1994, Plaintift;'rimothy L. Hayslett, was a passenger in a vehicle operated by Brian S. Swartz and owned by Deborah K. Swartz. 5. On or about May 26, 1994, Brian S. Swartz was operating said vehicle southbound on State Route 4003 near Connorford Itoad, Cumberland County, Pennsylvania, at a high rate of speed, when he lost control ot'said vehicle, causing it to travel up an embankment, flip over onto its root, and slide down the roadway. II; ?t 6• The aforementioned incident was caused by the neglig Deborah K. Swartz. ence of 13rian S. Sw'at'IZ;tnd/or 7. Plaintiff; Timothy L. I-layslelt, suffered serious personal injm-ies includin-,, bill not limited to, a severe avulsion and abrasion of his occipital posterior scalp, pernuutent scarring, multiple severe back and neck abrasions, a closed-head injury, compression fhtchu'es ul'vertebrae f7 and T8 and extensive connective-tissue injuries. I S• On or about August 29, 1994, Guy Hayslett, as the natural parent and guardian ofthe plaintiff, Timothy L. Hayslett, retained the services of Defendant, James J. Kayer, Esq., for the purpose ofrepresenting their minor son in a claim for bodily injuries, arising out oftile May 26, 1994, incident. Attached hereto, made a part hereof, and marked "Exhibit A," is the fee agreement. 9. Pursuant to 42 Pa.C.S.A. ¢ 552=1(2), a personal injury action based on negli"_encc narst be brought within hvo years. 10. Pursuant to 42 Pa.C.S.A. § 55;.;(b), if an individual is a minor, or one who has not attained the age of majority (IS years of age) al the time the cause of action accrues, t Minority shall not be included in th the period of e Itvo-year StaluteofLinitationsperiod. Therefore, an individual has the saute time for commencing an action after attaining majority. 11- Plaintiff, Timothy L. I-layslett's date of birth is tNlay 17, 1977; therefore of the incident on May ? _? . at the tune G, 1994, he was seventeen (17) years ofage. I i 17• Pursuantto42Pa.C.S.:1.sC ? t x§5524(_)aad5533 (b), the hvo-yearStahrteofLunitations ? time period began to nm when Plaintiff; Timothy L. Hayslett, reached the agg e ol'nm,lorit)' on tblay 17, ?k 1995. Consequently, the Statute of Limitations should have been tolled on or before flay 17. 1997. 2 t rr I i i 13. On or about Nlay 12, 1998, it Writ of Summons was filed by Plaintiff, Timothy L. Hayslett, through his legal counsel, the Defendant, James J. Kayer, Esq., in the Court of Common Pleas of Cumberland County, nearly one year after the two-year Statute of Limitations had expired. Attached hereto, matte it part hereof, and marked, "Exhibit B," is the Writ of Sunmunts. 14. On or about July 13, 1998, a Complaint was filed by Plaintiff, Timothy L. Hayslett, through his legal counsel, the Defendant, James J. Kayer, against Brian S. Swartz and Deborah K. Swartz, more that one year after the two-year Statute of Limitations had expired. Said Complaint set forth a cause of action based on the theories of negligence and negligent entrustment. Attached hereto, made a part hereof, and marked, "Exhibit C," is the Complaint. I i. As a result of the negligence of the Defendant, James J. Kayer, Plaintiff; 'Tmothy L. Hayslett, is precluded from bringing it negligence and/or negligent entrustment claim against Brian S. Swartz and/or Deborah K. Swartz, and thus is unable to be compensated for the economic and non-economic damages he sustained. 16. The failure to file Plaintiff's Complaint within the two-year Statute of Limitations period and the resultant damages sustained by the Plaintiff, Timothy L. Hayslett, were caused directly and proximately by the negligence of' the Defendant, James J. Kayer, Esq., generally, and more specifically, as set forth below: (a) In fitifing to file a Complaint and/or reach a settlement agreement within the two-year Statute of Limitations period required for personal injury claims sounding in negligence, (b) In flailing to exercise the ordinary skill and knowledge generally possessed by a licensed attorney in filing it lawsuit sounding in negligence and/or reaching 3 r -i it settlement agreement within the applicable Statute of Limitations time period; (c) In tailing to properly understand the legal principle regarding the two-year Statute of Limitations and when it begins to run; (d) In failing to correctly calculate When Plaintittwould reach the age ofntajority, and, thereby, instituting it lawsuit sounding in ne° igence nearly one year after the applicable two-year Statute of Limitations period had run; and (e) In tailing to file a lawsuit within two years after Plaintiffs eighteenth birthday, when the Defendant knew, or should have known, of Plaintiff's date of birth and the applicable Statute of Limitations time period. 17. As a direct and proximate result ofthe negligence of Defendant, James J. Kayer, Esq. the Plaintiff, Timothy L. Hayslett, has incurred significant medical expenses, to his great detriment and loss. These expenses are continuing. 18. As it direct and proximate result of the negligence of Defendant, James J. Kayer, Esq., Plaintiff, Timothy L. Hayslett, has incurred medical liens and out-of-pocket expenses for which he remains uncompensated, to his great detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, James J. Kayer, Esq., Plaintiff; Timothy L. Hayslett. has incurred an unreimbursed loss of wages, to his great detriment and loss. 30. As a direct and proximate result ofthe negligence of Defendant, Jantes.l. Kayer, Esq., Plaintiff, Timothy L. Hayslett, has incurred an unreintbursed loss of earning capacity, to his great detriment and loss. 4 21. As a direct and proximate result ofthe negligence of Defendant, James J. Kayer, Esq., the Plaintitl; Timothy L. Hayslett, has incurred great physical pain, suffering, humiliation, emotional distress, mental anguish, and embarrassment, all to his great detriment and loss, and ror all of which he remains uncompensated. 22. As a direct and proximate result of the negligence of Defendant, James J. Kayer, Esq., the Plaintiff, Timothy L. Hayslett, has also incurred a loss of life's pleasures, for which he has not yet been compensated. WHEREFORE, Plaintiff, Timothy L. Hayslett, seeks damages from Defendant, James J. Kayer, Esq., in an amount in excess oftwenty-five thousand dollars ($25,000.00), and demands a trial by jury. Date: 2 15 2t JD Respectfully submitted, HAN :R, IF 'NNING & ROSENBERG By: Matthew S. Crosby, Esquire Attorney I.D. # 69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorney for Plaintitl' 5 VERIFICATION PURSUANTTO N. R.C.P. No. 1024(c) X7A,rTFIE11' S. CROSBY, ESQ. states that he is the attorney for the party filing the foregoing document; that he makes this Affidavit as an attorney and verities that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. MATTHEW S. C OSBY, ESQ. DATE: Z ZG? NEW MATTER REPORT CLIENT INFORMATION -L Date 6 19 CLIENT: -l I NEW CLIENTCD PRESENT CLIE 7 ?Q / 5 9 / a./?7 7 ADDRESS: // UI cZ) t SOC. SEC. # IC Itrl-7 y. L, GIh C? -- CLIENT NUMBBEFI BUSINESS PHO E•11 p -„V -77/ ??7( 9 V HOME PHONE: FILE NAME: NATURE OF MATTER: AMOUNT INVOLVED: OPPOSING PARTY: _ MATTER IN +L>. .t ' OPPOSING LAWYER: Name FEE'ARRANGE Q FIXED FEE OF S OR RANGE OF 5 . C=) TIME RATE T ,- C?ED CONTINGENCY OF: qKl G INTO Q FEE TO BE DETERMINED ON BASIS OF ORK DONE, (=) OTHER: ESTIMATED FEE $ BILLING PROCI ® NEW GENERAL RETAINER $ Q OPENING ADVANCE OF $ Q BILLING INSTRUCTIONS FOR BOOKKEEPER: MONTHLY QUARTERLY FEE DISBURSEMENTS CID OTHER: FILE CARDS PREPARED BY: INCLUDE IN EXISTING FILE 1= OPEN NEW FILE FILES CHECKED FOR CONFLICT OF INTEREST BY: ?ADMINISTRATION,;;: is+'?.:.'• FIRM ENGAGEMENT RECEIVI FROM d CODE: /,;/p P_ TO$ EFFECTIVE UPON OTHER CONCLUSION CD 0 DATE Q NO FILE DATE OPENED BY RESPONSIBLE ENGAGEMENT RECEIVED LAWYER BY ASSIGNED LAWYERS EXHIBIT A STATUTE OF MI IONS U j 1 ?.• Safeguard '.,'.,. ......FRO YOUR IOCNLfnAFCGVAPO OltTRIP l?1 i? I? ra ms no, nre•v P?sl .? y i? Im TIMOTHY L. HAYSLETT Plaintiff VS. BRIAN S. SWARTZ and DEBORAH K. SWAR'I'Z, Defendants IN THE COURT OF COMMON PLEAS Or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98- ;2 7uo CIVIL TERM MOTOR VEHICLE- ACCIDENT JURY TRIAL DEMANDED n C. :u n WRIT OT SUMMONS TO THE PROTHONOTARY: ?., rn Please isspe a Writ of Summons upon the above-captioned defendants retarding a motor vetticle=i e, < accident that occurred on or about May 2E-, 1994 in Lower Mifflin Township, Cumberland County, Pennsylvania. Date: May 7, 1998 Respectfully submitted, KAYER AND BROWN 4E as Liberts A Carlis e. PA 17 (717).' 243-79.42 Supreme Ct. No. 50838 EXHIBIT B VERIFICATION OF PLEADINGS I have read the statements made in this document and to the extent that it is based upon information which has been give to me it is true and correct to the best of my knowledge, information and belief. I have executed this document on behalf of my clients who are currently unavailable to execute a verification. The Petitioners' signed verification shall be submitted to the court at a later date. I understand that false statements herein are made subject to the penalties of Pa. C.S. Section 4908, relating to unsworn falsification to authorities. Date: J / J, , 1998 James - on behalf of L. r F m 2 X W TIMOTHY L. HAYSLETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 95-2700 CIVIL TERM BRIAN S. SWARTZ and DEBORAH K. SWARTZ, Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED LY COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with-Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. i -- L. James J. Kayer, Esquire Attorney for Plaintiff Liberty Loft 4 E. Liberty Avenue Carlisle, PA 17013 (717) 243-7922 EXHIBIT C 'I'IMOTI-IY I,. HAYSLI IT, Plaintiff vs. 131ZIAN S. SWAR'17, find DE-BORA1-I K. SWAR'1%, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-2700 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT COME,S NOW, Plaintiff, 'I'IMO'I'IIY L. HAYSLETT, by and through his attorney, JAMES J. KAYER, ESQUIRE, and slates the following: I. Phtintiff, TIMOTHY L. I IAYSLE'17, is an adult individual residing at 481 Meadows Road, Newville, I'A 17241. 2. Defendant, BRIAN S. SWAR'17, is an adult individual residing at 17 Lebo Road, Carlisle, I'A 17013. 3. Defenclant, 1)1-,130RAH K. SWAR'17, is an adult individual residing at 17 Lebo Road, Carlisle, 1'A 17013. 4. On May 2C, 1994, Defendant, BRIAN S. SWARTZ, was operating a, 1991 Mercury Capri convertible. 5. The 1991 Mercury Capri being driven by Defendant, BRIAN S. SWARTZ, was owned by I)HIMRAII K. SWARTZ, his mother. 6. AI approximately 4:47 p.m., the Defendant's vehicle was traveling southbound on State Routs 4008. L ' 7. State route 4008 at that point is a two-lane road with a maximum posted limit of 35 miles per ]tour. 8. Defendant, BRIAN S. SWARTZ, was transporting the Plaintiff and himself from the Defendant's residence to their work site at which both Defendant, BRIAN S. SWAR12, and the Plaintiff were scheduled to appear. 9. Defendant, BRIAN S. SWARTZ, and Plaintiff were employed by Defendant, DEBORAH K. SWARTZ, and her husband at the time of the accident in a cleaning business. 10. Plaintiff occupied the front passenger seat of the vehicle at all times relevant. 11. Defendant, BRIAN S. SWARTZ, was driving the vehicle at approximately 55 to 60 miles per hour and was crossing the center double line at times as he travelled along SR 4008. 12. Approximately one-tenth of a mile north of Connerford Road, Defendant, BRIAN S. SWARTZ, noticed an oncoming car in the northbound lane, causing Defendant, BRIAN S. SWARTZ, to swerve his vehicle into his lane and losing control of the vehicle. 13. Defendant, BRIAN S. SWARMS, loss of control of the vehicle caused it to travel up an embankment to the right of SR 4008, flip over onto its roof, and slide down the roadway. COUNTI PLAINTIFF TIMOTHY L. HAYSLETT vs. DEFENDANT BRIAN S. SWARTZ IN NEGLIGENCE 14. The averments of Paragraph 1 through 13 of Plaintiffs Complaint are incorporated herein by reference. 15. Defendant, BRIAN S. SWARTZ, having undertaken the affirmative act of driving a motor vehicle, was tinder a duty 10 exercise reasonable care of the operation of such vehicle. 1 6. Defendant, BRIAN S. SWARTZ, breached said duty and engaged in negligent, careless, and reckless conduct consisting of careless driving, driving at unsafe speeds, and failure to control his vehicle. 17. As a direct and proximate result of Defendant, BRIAN S. SWARTZ's, negligence, the Plaintiff suffered injuries including but not necessarily limited to, the following: a. Severe avulsion and abrasion of occipital posterior scalp. b. Multiple severe back and neck abrasions. c, Closed head injury. d. Compression fractures of vertebrae 77 and T8. c. Soft tissue injuries in an area from T9 thm L2 causing pain, loss of range of motion and loss of strength and pain in lower and upper extremities. 18, As a result of the aforementioned injury, Plaintiff has undergone and in the future will undergo substantial mental anguish, physical pain and suffering, inconvenience in executing his daily activities, loss of life's pleasures and enjoyment and claim is made therefore. 19. As a result of the aforementioned injuries sustained by the Plaintiff, certain expenses for medical treatments, medication, medical consultations, physical therapy, and similar miscellaneous expenses, as well as similar expenses in the future, have been incurred and may continue to be incurred, and claim is made for any such expenses for which the Plaintiff is personally held responsible for in any way. 20. As a result of the injuries Plaintiff received due to the negligence of Defendant, BRIAN S. SWAIZ'il, lie has been caused to suffer the following economic losses: a. The loss of past income represening the opportunity to work on a pan-time basis while continuing to attend high school; b. The increase in future medical expenses relating medication and treatment of pain animating from Plaintiffs back and head injuries; and c. Anticipated medical expenses necessary to pay for sufficient cosmetic surgery to remove or conceal the scar to PlahttifPs posterior skull and scalp. WHEREFORE, Plaintiff requests that judgement be entered in favor of the Plaintiff and agninst the Defendant, BRIAN S. SWARTZ, in an amount in excess of $25,000.00 plus reasonable attorney fees and costs. COUNT H PLAINT 4, TIMOTHY L. HAYSLETT vs. DEFENDANT, DEBORAH K. SWARTZ RESPONDEAT SUPERIOR 21. The averments of Paragraph 1 through 20 of Plaintiffs Complaint are incorporated herein by reference. 22. The motor vehicle driven by Defendant, BRIAN S. SWARTZ, at the time of this accident was owned by the Defendant, DEBORAH K. SWARTZ. At the time of this accident, Defendant, BRIAN S. SWARTZ, was employed by Defendant, DEBORAH K. SWARTZ. 23. At the time of the accident, Defendant, BRIAN S. SWARTZ, was transporting himself and the Plaintiff from the Defendant's residence to the Defendant's work site. 24. Defendant, BRIAN S. SWARTZ, acted with the full knowledge and consent of Defendant, DEBORAH K. SWARTZ, in transporting himself and the Plaintiff to the work site. 25. Defendant, DEBORAH K. SWAIM-, is vicariously liable for Plaintiffs injuries under the doctrine of Respondeat Superior based upon her employment of Defendant, 13f21AN S. SWARTZ. 26. As a direct and proximate result of Defendant, BRIAN S. SWARITs, negligence, Plaintiff suffered injuries, including but not necessarily limited to the following: a. Severe avulsion and abrasion of occipital posterior scalp. b. Multiple severe back and neck abrasions. c. Closed head injury. d. Compression fractures of vertebrae T7 and T8. c. Soft tissue injuries in area from 'I'9 thm L2 c<uasing pain, loss of range of motion, loss of strength and pain in lower and upper extremities. 27. As a result of the injuries Plaintiff received due to the negligence of Defendant, DEBORAH K. SWARTZ, he has been caused to suffer the following economic loses: it. The loss of past income representing the opportunity to work on a part-time basis while continuing to attend high school; b. The increase in future medical expenses relating medication and treatment of pain animating from Plaintiff's back and bead injuries; and c. Anticipated medical expenses necessary to pay for sufficient cosmetic surgery to remove or conceal the scar to Plaintiffs posterior skull and scalp. 28. As a result of the aforementioned injury, Plaintiff has undergone and in the future will undergo substantial mental anguish, physical pain and suffering, inconvenience in executing Ws daily activities, loss of life's pleasures and enjoyment and claim is made therefore. 29. As it result of the aforementioned injuries sustained by the Plaintiff, certain expenses for medical treatments, medication, medical consultations, physical therapy, and similar miscellaneous expenses, as well as similar expenses in the future, have been incurred and may continue to be incurred, and claim is made for any such expenses for which the Plaintiff is personally held responsible for in any way. WHEREFORE, Plaintiff requests that judgement be entered in favor of Plaintiff and against Defendant, DEBORAH S. SWAR"!Z, in am amount in excess of $25,000.00 plus reasonable attorney fees and costs. COUNT Ill PLAINTIFF TIMOTHY L. HAYSLETT vs. DEFENDANT DE130RAR K. SWART7 NEGLIGENT ENTRUSTMENT 30. The averments of Paragraphs 1 through 29 of Plaintiffs Complaint are incorporated herein by reference. 31. The vehicle driven by Defendant, BRIAN S. SWARTZ, at the time of the accident was owned by Defendant, DEBORAH K. SWARTZ.. 32. It is believed and therefore averred that on May 26, 1994 Defendant, DEBORAH K. SWAR'17, was aware that her motor vehicle was being operated by the Defendant, BRIAN S. SWARTZ, and that she approved, allowed, and permitted him to use said vehicle. 33. It is believed and therefore averred that Defendant, DEBORAH K. SWARTZ, was aware that her seventeen year old son, Defendant, BRIAN S. SWARTZ-, had only been driving for one (J) ),car in tittle and that lie was in inexperienced driver. 34. It is believed and therefore averred that on the aforesaid date, Defendant, DEBORAH K. SWAR'I Z, was also aware that Defendant, BRIAN S. SWARTZ, was due to arrive at wort: at it specific time and in order for hitn to arrive at the work site at the appointed time, it would be necessary for Defendant, BRIAN S. SWARTZ, to drive his vehicle at an excessive speed. 35. The Defendant, DEBORAH K. SWARTZ, was negligent in that she: It, Allowed her vehicle to be operated by it person whom she had reason to know and should have foreseen was going to: i. Be operating said vehicle in a manner that would rendered' incapable of safe drivin„ ii. Otherwise operate the said vehicle in the manner described in Paragraphs 4 through 13 herein above. b. Negligently entrusted her vehicle to a person who would drive the vehicle in violation of the laws of the Commonwealth of Pennsylvania; c. Knowingly permitted her vehicle to be operated on a highway in violation of the laws of the Commonwealth of Pennsylvania which require financial responsibility. 36. Defendant, DEBORAH K. SWARTZ, is therefore jointly and severely liable along with the Defendant, BRIAN S. SWAR7L, for the injuries incurred by the Plahrtiff, and therefore is sole liable for the Plaintiffs medical expenses, pain and suffering, economic loses and all other expenses and detriments suffered as it result of those injuries as detailed in Paragraphs 17 through 20 of the foregoing Complaint which arc incorporated hereto by reference and made a part hereof. WHEREFORE, Plaintiff requests that judgement be entered in favor of the Plaintiff and ILI a;ainst the Defendant, DEBORAH K. SWARTZ, in an amount in excess of $25,000.00 plus reasonable attorney fees and costs. Respectfully Submitted Kayer and Brown, P.C. Supr'me Cpurt 1.D?# 50838 4 Ea t Libert, Avenue Carl Sle, Y 17013 (717) 243-7922 Attorney for Plaintiff Date: July 13, 1998 VERIFICATION Or PLEADINGS I have read the statements made in this document and to the extent that it is based upon information which has been given to me it is tme and correct to the best of my knowledge, information and belief. I have executed this document on behalf of my client who is currently unavailable to execute a verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. -------- -- I > ?!------- Date CERTIFICATE Or SERVICE I hereby certify that a true copy of the foregoing Complaint was served on Defendant by United States Regular Mail at the following address: Lisa M. DiBernardo, );squire Griffith, Slrichler, Lerman, Solymos & Calkins 110 South Northern Way York PA 17402-3737 7.... - 71' KayFr and Br wn, P ' 4 Gff?st Libel{ Avenue Car7islc, PA' 17013 (717)243-7922 Date: July 13, 1998 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendant, JAMES J. KAYER, Esq., by sending a copy of the same to him at KAYER & BROWN, Liberty Loft, 4 E. Liberty Ave., Carlisle, PA 17013 by United States Mail, regular service, in Harrisburg, Pennsylvania on February 17 , 2000. DATE: 215 7,0no HANDLER, HENNING and 77, By Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff MAR 2 8 2000bh TIMOTHY I.. HAYSLE77, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 99-7059 Civil JAMES J. KAYER, Defendant : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of March, 2000, upon consideration of Defendant's Preliminary Objection to Plaintiffs Complaint it is hereby ordered and decreed that the Plaintiff's Complaint is dismissed with prejudice. BY THE COURT, J. cc: James J. Kayer, Esq. Matthew Crosby, Esq. Tor--Vv?e fi I-t l TIMOTHY L. HAYSLETT, Plaintiff VS. JAMES J. KAYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7059 Civil JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT 1. Plaintiff filed a Complaint in this legal malpractice action on or about February 15, 2000 (see complaint attached as Exhibit "A") 2. Plaintiff alleges that the Defendant was negligent in representing the Plaintiff in a civil action arising from an automobile accident that occurred on or about May 26, 1994. 3. There area number of defects and/or deficiencies in Plaintiff's Complaint. Accordingly, Defendant files the following preliminary objection: DEMURRER 4. The Plaintiffs Complaint has been filed prematurely due to the fact that the predecessor action remains pending. 5. Specifically, paragraph 14 of the Plaintiffs Complaint recognizes that a Complaint was filed in the predecessor action 'out fails to specify that a resolution of the issue of summary judgement is still pending, and it is therefore not yet confirmed that Plaintiff has incurred any actual harm due to the alleged negligence of the Defendant. 6. It is well established in Pennsylvania jurisprudence that Plaintiff must suffer actual harm or damage in order to properly pursue a cause of action of negligence or malpractice. 7. Plaintiff has secured counsel to take over representation of the Plaintiff from the Defendant in the pending predecessor action. That counsel is Matthew S. Crosby, Esquire, who is also Plaintiffs counsel in the instant action. 8. Plaintiff and his counsel are obligated to fully litigate the predecessor action prior to commencing an action based upon a theory of legal malpractice. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint, with prejudice for failure to state a claim upon which relief may be granted. Respectfully submitted, Jame's J. Kaye ,'Es LiberAy Loft 4 Lib Ave ue Carll, PA 1 013 (717) 243-7922 Date: ?7 / 2 V 16'0 EXHIBIT "A" T1 N70'1'11l' L. IIAVSL: IN TIIG COU10' OF CONINION PLEAS Plaintiff : CUMBERLAND COUN'1'1', PENNSYLVANIA NO. 99-7059 Civil CIVIL AC'T'ION - LAN%' JAtINIES J. KAYGR, (( } Defendant :JURY TRIAL DIsh1AND13D NOTICE You have been sued in court. If you wish to defend against the claims set forth in the followin 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-6166 HA HENNING Cd RO ENBERG Matthew S. Cros y, Esq. I.D. #69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 L 5 2 Attorneys for Plaintiff DATE: ?U nighkongdautls/Irc;d m;dlhnca?•u TIMOTHY L. IIAYS1, I"I' Plaintiff V. .IANIES.I. KAVER, Defendant IN'I'III? COtJR'1' 01- COiV i\ION PLEAS (TIMBERLAND COUN'T'Y, PENNSYLVANIA NO. 99-7059 CIVIL CIVIL ACTION - LAN .TURN' TRIAL DENIANDED CONIPL.AINT AND NOW, comes tine Plaintiff; Timothy L Hayslett, by and through his attorneys, HANDLER. HENNING & ROSENBERG, by Matthew S. Crosby, Esq., and brings the within Complaint against the Defendant, James J. Kayer, and, in support thereof, avers as follows: 1. Plaintiff, 'T'imothy L. Hayslett, is an adult individual who currently resides at Delta Company, 1/13 Armor, Port Riley, KS 66442. 2. Defendant, James J. Kayer, Esq., is an adult individual currently doing business at 4 East Liberty Avenue, Carlisle, Cumberland County, PA 17013. 3. At all times material hereto, Defendant, James J. Kayer, was an attorney=at-law licensed to practice in the Commonwealth of Pennsylvania. 4. On or about Nlay 2G, 1994, Plaintiff; Timothy L. Llayslett, was a passenger in a vehicle operated by Brian S. Swartz and owned by Deborah K. Swartz. 5. On or about Nlay 26, 1994, Brian S. Swartz was operating said vehicle southbound on Slate Route 4005 near Connorford Road, Cumberland County, Pennsylvania, at a high rate of speed, when he lost control of said vehicle, causinn; it to travel up an embankment, flip over onto its roof, and slide down the roadway. f?" -ttm G 1'heit Iblementionedinci(ICIII%UsCausedbVIhcnegligenccoI,131tit IS Swiinzand/or Deborah K. S\%mlr 7. Plaintifl; Timothy I.. Ilayslcll, sullcred serious personal injuries including, but not limited to, a severe avulsion and abrasion of his occipital posterior scalp, permanent scarring, multiple severe imck and neck abrilslons, it closed-Ilead ilijill:v. CUlllpfessloll Irilclllles of ve1'lebrae 17 and TS and CxtenSive connective-liSSlle injuries. S. On or about August 29, 1994, Ciuy Hayslett, its the natural parent and guardian orthe Plaintiff; Timothy L. Hayslett, retained the services of Delcndant, James J. Kayer, Esq., for the purpose of representing their ntinorson in aclaim For bodily injuries,arising outol'theMay26, 1994, incident. Attached hereto, made it part hereof, and marked, "Exhibit A," is the fee agreement. 9. Pursuant to 42 Pa.C.S.A. § 5524(2), a personal injurvactionbasedoil negligenceMost be brought within two years. 10. Pursuant to 42 Pa.C.S.A.§ 553j(b), if an individual is a minor, or one who has not attained the age of majority ( 18 years of age) at the time the cause of action accrtles, the period of minority shall not be included in the two-year Statute of Limitations period. Therefore, an individual has the same time forconunencing an action after attaining majority. 11. Plaintiff, Timothy L. Hayslett's date of birth is klay 17, 1977; therefore, at the tine of the incident on May 26, 1994, he was seventeen (17) years of age. 12. Pursuant to 42 Pa.C.S.A. §§ 5524(2) and 5533(b), the two-year Statute of Limitations time period began to run when PlaintifT, Timothy L. Hayslett, reached the age ofmajority on May 17, 1995. Consequently, the Statute or Limitations should have been tolled on or before May 17, 1997. 2 ' I 13 flit or about \lay 12. 1995. a Wlif (1I Summons teas filed by I'lainu f,, Timothy I- I layslett. throuLli his let-'al Counsel, Ihr I)clcndant, James .I Kayer, I's(I , in the Cool I of Comnwn Pleas of Cumbeiiand County, nearly one year alter Ilse two-year Statute ol'Limitations ha (I expired. Attached hereto, made it part hereof, and marked, "I?xhibit If," is the Writ ol'SUtt111tUn5 14. On or about July 13, 1995, it Complaint was filed by Plaintiff; Timothy L 1 layslett, through his legal counsel, the Del'endant, James .1. Kayer, it,'ainst Brian S. Swartz and Deborah K. Swartz, more that one year after the two-year Statute of Limitations had expired. Said Complaint set forth a cause of action based on the theories ofnegligence and negligent entrustment. Attached hereto, made it part hereof, and marked, "Exhibit C," is the Complaint. I As it result ol'the negligence ol'Ihe Defendant, James J. Kayer, Plaintiff, Timothy L. Hayslett, is precluded from bringing a negligence and/or negligent entrustment claim against Brian S. Swartz and/or Deborah K. Swartz, and thus is Unable to be compensated for the economic and non-economic damages he sustained. 16. The railure to file Plaintif's complaint within the two-year Statute of'Limitations period and the resultant damages sustained by the Plaintiff, Timothy L. Hayslett, were caused directly and proximately by the negligence of the Defendant, James J. Kayer, Esq., generally, qnd more specifically, as set forth below: (a) In failing to file a Complaint and/or reach a settlement agreement within the two-year Statute of Limitations period required for personal injury claims sounding in ocgligenee; (b) In failing to exercise the ordinary skill and knowledge generally possessed by it licensed attorney in filing a lawsuit sounding in ncgligcncc and/or reaching 3 a scnicntcnt agreement widtin the applicable Statute of Limitations lime period. (c) III tailing to properly understand the legal principle regarding the two-year Statute of Limilations and when it begins to run. (d) In fitilingtocorrectll,calculatetvhenl'IaiIn ifl'wouldreach lhcageofmajority, and, thereby, instituting a lawsuit sounding in negligence nearly one year after the applicable two-year Statute of Limitations period had run, and (e) In failing to file a lawsuit within two years after Plaintifl-s eighteenth birthday, when the Defendant knew, or should have known, ofPlaintif f s date of birth and the applicable Statute of Limitations time period. 17. As It direct and proximate result ofthenegligence ofDefendant,James.).Kayer,Esq. the Plaintiff, -rimothy L. Hayslett, has incurred significant medical expenses, to his great detriment and loss. These expenses are continuing. Is. Asa direct and proximate result ofthe negligence of Defendant, James J. Kayer, Esq., Plaintiff; Timothy L. Hayslett, has incurred medical liens and out-ot=pocket expenses for which he remains uncompensated, to his great detriment and loss. 19. Asa direct and proximate result ofthe negligence of Defendant, James J. Kayer, Esq., Plaintiff, Timothy L. Hayslett, has incurred an unreintbursed loss of wages, to his great detriment and loss. 20. Asa direct and proximate result ofthe negligence of Defendant, James J. Kayer, Esq., PlnintifT 'rimothy L. Hayslett, has incurred an unrcimbtnsed loss of eanting capacity, to his great detriment and loss. 4 21 Asa direct ;111(1111 ONima1C IUSUIt of the nc_Ii_ence of Detcnd;uu..lame,.l. Kayer. Esq., the Plaintill Timothy L. Hayslett, has incurred ,teat physical pain, suffering, humiliation, emotional distress, mental anguish, and embarrassment, all to his -real detriment and loss, and Ior all ul'which he remains uncompensated 22. As it direct and proximate result of the negligence of Detendant, .lames .I. Kayer, Esq., the Plaintiff, "Timothy L. Hayslett, has also incurred a loss ol'life's pleasures, 101' which he has not yet been compensated. WHEREFORE, Plaintiff, Timothy L. Hayslett, seeks damages from Defendant, James J. Kayer, Esq., in an amount in excess ofhventy-five thousand dollars ($25,000.00), and demands a trial by jury. Date:2" Itj?pD Respectfully submitted, HAN :R, sNNING S ROSENBERG By. Matthew S. Crosby, Esquire Attorney I.D. # 69367 319 Market Street P.O. Box 1 177 Harrisburg, PA 17108 (717) 238-2000 Attorney for Plaintiff 5 VEIII 1•IC'A I ION I'IIRSIIA\ I IO Pa. R.C.P. No. 10241c) NIA'I"I'I II?N1' S. CROSBY, :SQ. states that he is the attorney for the party filing the Wgoing document; that he nntkes this knidavh as an auomcy and verifies that it is correct and accurate to the hest of his knowledgo information and belief and that this statement is made suhjcct to the penalties of IR Pa. C.S.A., Section 4904 relating to unsworn fialsification to authorities. iN9ATTFIRNV S. CI OSBY, GSQ. DATE: Z 5 Zii t CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT was served on the following persons by First-class mail, postage prepaid, by forwarding a true and correct copy unto: Matthew Crosby, Esq. Handler, Henning & Rosenberg 319 Market Street P O Box 1177 Harrisburg PA 17108-1177 Date l2_11 166 (717) 243-7922 ? J - a. i ? t , t r MAR 2 8 2000 TIMOTHY L. HAYSLETT, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 99-7059 Civil JAMES J. KAYER, Defendant JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of March, 2000, upon consideration of Defendant's Preliminary Objection to Plaintiff's Complaint it is hereby ordered and decreed that the Plaintiff's Complaint is dismissed with prejudice. BY THE COURT, J. cc: James J. Kayer, Esq. Matthew Crosby, Esq. MAR 2 8 2000 TIMOTHY L. HAYSLETT, IN TIME COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 99-7059 Civil JAMES J. KAYER, Defendant JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of March, 2000, upon consideration of Defendant's Preliminary Objection to Plaintiffs Complaint it is hereby ordered and decreed that the Plaintiff's Complaint is dismissed with prejudice. BY THE COURT, J. cc: James J. Kayer, Esq. Matthew Crosby, Esq. f 1 m o M cno? 0 l i r tD Q n• ?? ?a s y ?,d o s y V u. ?S C) p ?LwnQ w D M O # N ? S rl O M O # r N '- ? ? ? O ? M W ? N ? ra c 0 0, o p m a c m y J 0 a 1 I ?? C y v c O a m `, C J Q. U Q a? }I TIMOTHY L. HAYSLETT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 7O5y Civil V. CIVIL ACTION - LAW JAMES J. KAYER, Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons against the Defendant, at the following address: James J. Kayer, Esq. KAYER & BROWN Liberty Loft 4 E. Liberty Ave. Carlisle, PA 17013 and have the Sheriff of Cumberland County serve the Defendant at this address. Respectfully submitted, and DATE: III 11 Icy tj Matthew §<r-osby, Esq. ID No. 69367 319 Market St., P.O. Box 1177 Harrisburg, PA 17108 Tel. No.: 717-238-2000 Attorneys for Plaintiff 1 10111 PINWORM M Commonwealth of Pennsylvania County of Cumberland Timothy L. Hayslett Court of Common Pleas V& No. _____________ 1g James J. Kayer Civil-Action---Law Kayer and Brown In -- - ----- - ---- - ---------------- Liberty Loft 4 E. Liberty Ave. Carlisle PA 17013 James J. Kayer: To --------------------------------------------- You are hereby notified that Timothy_ L__ Hayslett ___________________ SummonsCivil Action - Law the Plaintiff ha s commenced an action to ------------------------------------------------ against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG •------------------------------------------------ Prothonotary November 23, 99 -- ------------ - Date ------------------------------ 19 -- By - -------- eputy I 1 Oi ti ei U Ln N 0 r - I i Of Qi z 41 m > m m a x ++ E E f W n N O E ro h .p 0 a ro a I C O .,j 4J a U • 9 co ZoR i71FV/Jj31 W N N N E a :4?'" kin SHERIFF'S RETURN - REGULAR CASE NO: 1999-07059 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAYSLETT TIMOTHY L VS. KAYER JAMES J SHAWN HARRISON , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KAYER JAMES J the defendant, at 12:36 HOURS, on the 1st day of December 1999 at KAYER & BROWN LIBERTY LOFT 4 EAST LIBERTY AVENUE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to VICKIE GROUP (OFFICE MANAGER) a true and attested copy of the WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 3.10 2 Affidavit .00 Surcharge 8.00 omas ine, eri P- -- 1HANDLE , HENN & ROSENBER by r e y Sworn and subscribed to before me this /y t= day of 19 nq A. D. (Q`? ?/ ?r ro ono a y_y?i TIMOTHY L. HAYSLETT, Plaintiff V. JANIES J. KAYER, Defendant IN THE COURT OF COMMON PLEAS CUNIBERLANDCOUNTY, PENNSYLVANIA NO. 99-7059 Civil CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiff's First Set of Interrogatories Directed to Defendant, James J. Kayer, and of the Plaintiff's Request for Production of Documents Directed to Defendant, James J. Kayer were served on the Defendant, JAMES J. KAYER, Esq., by sending a copy of the same to him at KAYER R BROWN, Liberty Loft, 4 E. Liberty Ave., Carlisle, PA 17013, by United States Mail, regular service, in Harrisburg, Pennsylvania on February IS, 2000. DATE: Z r-,-) 11 HAND HENNING an OS I?N BERG By Matthew S. Cr y, Esq. Attorney I.D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff TIMOTHY L. HAYSLETT, Plaintiff V. .JAMES J. KAYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 Civil CIVIL ACTION - LAN JURY TRIAL DENIANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please substitute the attached Verification for the one currently attached to the Complaint in this matter Respectfully submitted, AND 2RNNING G BY Matthew S. Crosby. Esq. ID No.69367 319 Market St., P.O. Box 1177 Harrisburg, PA 17108 Tel. No.: 717-238-2000 DATE: 3'Z` ZObro At VERIFICATION -rhlr UNDERSIGNED hereby verilics that the statements in the foregoing docit'lle"t are based on information that was Lathered by counsel in preparation of this lawsuit. The the language of the above-named document is of counsel and not of my o'Nn,unscL it's said document and, to the extent that it is based on information that I gave to co true and correct to the best of my knowledge. information and belief. To the extent that the contents of the said document is that of counsel. I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. ?'-5'-(d), relating to unsworn falsification to authorities. DATE: di Et?cv T&ITtj L. ?iAVSLEYr TIMOTHY L. HAYSLETT, Plaintiff V. JAMES J. KAYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the 10-day Notice was served on the Defendant, JAMES J. KAYER, ESQ., by sending him a copy of the same to his address at KAYER & BROWN, Liberty Loft--4 E. Liberty Ave., Carlisle, PA 17013, by United States Mail, regular service, in Harrisburg, Pennsylvania, on March 1 ? 2000. DATE: I I zC'CLl" HANDLER, HENNING and RO NBERG By Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff :- 11-1- 'TIMOTHY L. 1IAYSLETT, Plaintiff v. JAMES J. KAYER, Defendant IN TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 Civil CIVIL ACTION - LAW .JURY TRIAL DEMANDED TO: James J. Kayer, Esq. KAYER & BROWN Liberty Loft 4 E. Liberty Ave. Carlisle, PA 17013 DATE OF NOTICE: Marcli 15, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-6166 HANDL , ?NNING & ROSENBERG By Matthew S. Crosby, Esq Attorney I.D. #69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 238.2000 n-. r OV'22/9T TUE 11:18 FAA T17 240 8573 CLIM CO PROTHONOTARY PRAECIPE FOR LISTING CASE FOR ARGUMENT i (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption nnst be stated in full) TIMOTHY HAYSLETT VS. JAMES J. KAYER (Plaintiff) (Defendant) No. 7059 civil 19 99 1. State matter to be argued (i.e., plaintiff's notion for new trial, defendant's demurer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Matthew S. Crosby, Esq. Address: 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, PA 17108 (b) for defendant: James J. Kayer, Esq. Address: Liberty Loft 4 Liberty.-Avenue Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been Listed for argumrt. 4. Argument Court Date: August 30, 2000 Court term HANDLER NNING & ROSENBERG iBY Matthew S. Crosby,Esq. Dated: 7/28/2000 Attorney or Plaintiff Sup Ct ID # 69367 0002 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant, JAMES J. KAYER, ESQ., by sending him a copy of the same to his address at KAYER & BROWN, Liberty Loft--4 E. Liberty Ave., Carlisle, PA 17013, by United States Mail, regular service, in Harrisburg, Pennsylvania, on July 2? 2000. DATE:' 12?CU HANDLER, HENNING & ROS RG B Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff ' I6m 1 r - TIMOTHY L. HAYSLETT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES J. KAYER, DEFENDANT 99-7059 CIVIL TERM ORDER OF COURT AND NOW, this 20 day of August, 2000, the preliminary objections of defendant, ARE DISMISSED. By the Court, Edgar B. Matthew S. Crosby, Esquire For Plaintiff Robert G. Radebach, Esquire For Defendant ."? f, 30.cw :saa 1?1 ,..__._. II ?,.- _. , „_ .., ._.. .,. ? ., -i i ? c Y TIMOTHY L. HAYSLETT, Plaintiff v JAMES J. KAYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 Civil : CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the 10-Day Notice regarding the timely response to the Civil Complaint was served on the Defendant, JAMES J. KAYER, Esq., by sending a copy of the same to him at KAYER & BROWN, Liberty Loft, 4 E. Liberty Ave., Carlisle, PA 17013 and to his attorney, Robert C. Radebach, Esq., 107 Locust St., Harrisburg, PA 17101, both by United States Mail, regular service, in Harrisburg, Pennsylvania on October 7, 2000. DATE: ?G v j c, HANDLER, RENNIN 6SENBERG Matthew S. Crosby, Esq. Attorney I. D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff i i III'IL I1 { t A l( i, L. TIMOTHY L. HAYSLETT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 Civil CIVIL ACTION - LAW JAMES J. KAYER, Defendant JURY TRIAL DEMANDED TO: James J. Kayer, Esq. and his attorney, Robert C. Radebach, Esq. 107 Locust St. Harrisburg, PA 17101 DATE OF NOTICE: October 27, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE PA BAR ASSOCIATION P.O. Box 186 Harrisburg, PA 17108 (800) 692.7375 HANDLER, H ACING & ROSENBERG By I Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, PA 17108 ^? -n ,(717) 238.2000 ATTORNEY FOR PLAINTIFF DATE: (U L? TIMOTHY L. HAYSLETT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 Civil V. CIVIL ACTION - LAW JAMES J. KAYER, Defendant JURY TRIAL DEMANDED TO THE PROTHONOTARY: PRAECIPE Please enter Judgment in favor of Plaintiff, Timothy L. Hayslett, and against the Defendant, James J. Kayer, for failure to answer Plaintiffs Civil Complaint. Attached hereto, made a part hereof, and marked "Exhibit A," is a copy of the written Important Notice, as required by Pa. R.C.P. Rule 237.5, as well as a Certificate of Service, confirming that said Important Notice was mailed to the Defendant on October 27, 2000. DATE: 3. rC ) HANDLERVHWNNING & ROSENBERG B Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff TIMOTHY L. HAYSLETT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 Civil V. CIVIL ACTION - LAN JAMES J. KAYER, Defendant JURY TRIAL DEMANDED TO: James J. Kayer, Esq. and his attorney, Robert C. Radebach, Esq. 107 Locust St. Harrisburg, PA 17101 DATE OF NOTICE: October 27, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, YOU MAY LOSE YOUR PROPERTY E OR OTHER IMPORTANT RIGHTS AGAYOU WITHOUT A INST SHOULD TAKE THIS HEARING NOT CE D TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE PA BAR ASSOCIATION P.O. Box 186 Harrisburg, PA 17108 (800) 692.7375 HANDL7HNING & ROSENBERG By Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, PA 17108 (717) 238.2000 ATTORNEY FOR PLAINTIFF DATE: (6'1 L. le , EXHIBIT A TIMOTHY L. HAYSLETT, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 Civil v. , CIVIL ACTION -LAW r? JAMES J. KAYER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the 10-Day Notice regarding the timely response to the Civil Complaint was served on the Defendant, JAMES J. KAYER, Esq., by sending a copy of the same to him at KAYER & BROWN, Liberty Loft, 4 E. Liberty Ave., Carlisle, PA 17013 and to his attorney, Robert C. Radebach, Esq., 107 Locust St., Harrisburg, PA 17101, both by United States Mail, regular service, in Harrisburg, Pennsylvania on October 7, 2000. HANDLER;. ENNIN ? NBERG Matthew -SCroby, Esq. Attorney I.D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 ;:- IG Z1'?L Attorneys for Plaintiff DATE: o , iL w `jrn ?-I 7 FM TIMOTHY L. HAYSLETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW JAMES J. KAYER, Defendant NO. 99-7059 CIVIL TERM ORDER OF COURT AND NOW, this 2°a day of October, 2001, upon consideration of Plaintiff's Motion To Compel Answers to Plaintiff's Interrogatories and Request for Production of Documents, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, i -' I Matthew S. Crosby, Esq. P.O. Box 1177 Harrisburg, PA 17108 Attorney for Plaintiff James J. Kayer, Esq. Kayer & Brown 4 E. Liberty Avenue Carlisle, PA 17013 Defendant, Pro Se n r-. n Courtesy Copy: Robert C. Radebach, Esq. 107 Locust Street Harrisburg, PA 17101 :rc SEP 2 7 20711 TIMOTHY L. HAYSLETT, Plaintiff V. JAMES J. KAYER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this _ day of 2001, upon consideration of Plaintiff's Motion to Compel Answers to Interrogatories and Request for Production of Documents, IT IS HEREBY ORDERED that Defendant, James J. Kayer, respond fully and completely to Plaintiff's Interrogatories and Request for Production of Documents within 10 days of the issuance of this Order. Failure to do so will subject Defendant to sanctions, as set forth in Pa.R.Civ.P. 4019. BY THE COURT: J. If TIMOTHY L. HAYSLETT, Plaintiff V. JAMES J. KAYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED MOTION TO COMPEL ANSWERS TO PLAINTIFF'S ATn 1 enin or..??. ___ __ _ AND NOW, comes the Plaintiff, Timothy L. Hayslett, by and through his attorneys, HANDLER, HENNING & ROSENBERG, by Matthew S. Crosby, Esq., and hereby moves this Honorable Court to compel the Defendant, James J. Kayer, Esq., to file full, complete, and responsive answers to Plaintiffs Interrogatories and Request for Production of Documents and, in support thereof, avers as follows: 1. On or about November 23, 1999, this civil action was commenced with the filing of a Writ of Summons. A copy of the Praecipe for Writ of Summons requesting issuance of said Writ is attached hereto, made a part hereof, and marked, "Exhibit A." 2. On or about December 1, 1999, the Defendant, James J. Kayer, was served with the Writ by Sheriff. A copy of the Sheriff's return is attached hereto, made a part hereof, and marked, "Exhibit B.1- 3. On or about February 16, 2000, the Plaintiff, Timothy L. Hayslett, filed a Complaint, alleging, in 21ia, professional malpractice resulting from Defendant's Page -1- i representation of Plaintiff in a personal injury action arising from a motor vehicle collision on May 26, 1994. 4. On or about February 15, 2000, the Plaintiff, Timothy L. Hayslett, served Interrogatories and Request for Production of Documents on Defendant, James J. Kayer. A copy of said letter is attached hereto, made a part hereof, and marked, "Exhibit C." 5. Pursuant to Rule 4006 of the Pennsylvania Rules of Civil Procedure, a Defendant must respond to Interrogatories within 30 days of service of such Interrogatories. A response to such Discovery must include either an answer or an objection. 6. More than 19 months have passed since Plaintiff served Defendant with his Interrogatories. 7. Pursuant to Rule 4009.12 of the Pennsylvania Rules of Civil Procedure, a Defendant has 30 days in which to respond to a Request for Production of Documents. The response can include the production of documents or an objection thereto. 8. More than 19 months have passed since Plaintiff served Defendant with his Request for Production of Documents. 9. As of the date of this Motion to Compel, Plaintiff has not received a response from Defendant with respect to Plaintiff's Interrogatories or his Request for Production of Documents. Defendant has failed to comply with the aforesaid Rules of Civil Procedure, and is well beyond the 30-day time limit. Page -2- 10. Plaintiff, Timothy L. Hayslett, believes and, therefore, avers that the information that could be gained by the responses to his initial Discovery requests is necessary and vital in order for him to properly litigate his claim. WHEREFORE, Plaintiff, Timothy L. Hayslett, respectfully requests that this Honorable Court issue an Order compelling the Defendant to respond to his initial Discovery requests within 10 days. Respectfully submitted, DATE: Q 1 z,G G( HANDL NNING & NBERG B Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff Page -3- I c i 1 i a 'm f R a a ED TIMOTHY L. IIAYSLETT, I'I;tintiff NO. 99- IA Civil V. IN TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW c.; .. / 1 - f ?, l1 p •v ? w .:L ,JAMES I. KAYER, Defendant JURY TRIAL DEMANDED PRAECIPL' FOR WRIT OF SUMMONS TO THE PROTHONOTARY Of CUMBERLAND COUNTY: Please issue a Writ of Sununons aeainst the Defendant, at tile roll0win-L'addles.i: James J. Kayer, Esq. KAYER R BROWN tJ Liberty Loft ?J 4 E. Liberty Ave. ?. r•. Carlisle, PA 17013 U and Ila?'c the Sheriff of Cumberland County serve the Defendant at this addrr<< Respectfully submitted, H;AND LER NNING aR ' NBE G B\latthew 'rosby. Esq. ID No. 69367 319 iviarket St., P.O. Box 1177 1-tarrisburg, PA 17105 Tel. No.: 717-23S-3000 DATE: Attorneys for Plaintiff EXHIBIT A _f O SHERIFF'S RE UR\ - REGULAF: CASE NO: 1999-07059 . , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAYSLETT TIMOTHY L VS. I AYER JAMES J SHAWN HARRISON , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KAYER JAMES J the defendant, at 12:36 HOURS, on the 1st day of December 1999 at K.=YER & BROWN LIBERTY LOFT = EAST LIBERTY AVENUE CARLISLE, PA 17013 CUMBERLP_J County, PEP...^.S?!1'vanla, bV handing CO VT CV= GROUP (O'FIC= ['L=LYAGE_, a tr'-e and _ Es.Ed copy of the WRIT O SUMMONS and at the same time directinc =s attEntion to z:n-- contents thereof Sheriff's Costs: So answers: Docketinc 15.00 Service 3.10 Affidavit .00 Surcharce o.00 noma5 ... '_IIC, JP.aL___ 2 7,iG HPSiDLER, -EDNTDT & OSENBEP.-- 12/02/1999 / n XI r by Sworn and subscribed to before me J this day of 19 A. D. Pro nono ary EXHIBIT 8 i. ;? . 1=-: -r- ..f t HANDLER HENNING& RDSENBER(B 161119 JIM011R. R06'ID W SCORHivuvG DAVID H ROSESEIRC irk 11! GROIRVM A%R In. m, Rv MARN('lfS (RCSSY;y. 1I. MGM A. lWhiR;rA AI' sllphlvG Hilo SAV.uIIPL10URIiRR7R01 James J. Kayer, Esq. KAYER & BROWN Liberty Loft 4 E. Liberty Ave. Carlisle, PA 17013 February 15, 2000 Re: Hayslett v. Kamer Cumberland County No. 7059 Civil Civil Action - Law; Jury Trial Demanded Dear Mr. Kayer: HARRISBURG Offl(f 319 Aloikcl 511cel Bmnshulu, PA 17101 11/-7381000 /1/ 133 3579 (Iox) 618CASU R Of f l(f I,OA Hsi .Curl SRlcci lunmsiv.5% 11601 711,314000 DIRECT MAIL 10 P.O. Boa 1177 IfuinsbuRu, PA 17108 srsvi IifIRLovimm In connection with the above-referenced matter, enclosed please find a copy of the Complaint that we are filing with the Court, as well as the Plaintiff's First Set of Interrogatories Directed to Defendant, James J. Kayer, and the Plaintiff's Request for Production of Documents Directed to Defendant. James J. Kayer, all of which we are serving on you. If you have any questions or wish to discuss this matter, please do not hesitate to contact me. Thank you for your assistance in this matter. MSC/vf/enclosure cc: Mr. Timothy Hayslett Mr. and Mrs. Guy Hayslett Very truly yours. HAN FNNING & OSENBE?RG Matthew S. Crosby EXHIBIT 0 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of foregoing document was served on the Defendant, JAMES J. KAYER, Esq., by sending a copy of the same to him at KAYER' & BROWN, Liberty Loft, 4 E. Liberty Ave., Carlisle, PA 17013 and to his attorney, Robert C. Radebach, Esq., 107 Locust St., Harrisburg, PA 17101, both by United States Mail, regular service, in Harrisburg, Pennsylvania on September 20, 2001. Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff DATE: =1 HANDLE ENNING & ROSENBERG ?Y r cz Ci A Kas'nwtionslheyslettiruleabs TIMOTHY HAYSLETT, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7059 CIVIL r1AMES.1. KAYER, CIVIL ACTION - LAW c7 0 Defendant, JURY TRIAL DEMANDED n ii' PLAINTIFF'S NioTION TO NIAKE RULE ABSOLUTE _. ? AND NOW. conics the Plaintif . Tinu,thy I layslett. by and throu"h his attorn?s. ?o I landler. Henning & Rosenberg. and respectlltlly moves this I loncrable Court to make absolute the Rttle to Show Cause that was issued in the above captioned matter on October 2. 3001, and in support thereof states the lbllowing: Plaintiff: Timothy Hayslett. is an individual currently enlisted in the United States military and stationed overseas. 3. Respondent. James J. Kayer. Esq.. is an adult individual currently doing business at Liberty Loft. -I Last Liberty AVenue. Carlisle. CUn1bel'1011d County. PA 17013. 3. On September 26. 2001. Plaintiff lilecl a i\-lotion to Compel Answers to Plaintill s Interrogatories and Request for Production of Documents. q. On October 2. 2001 the I lonorable.I. Wesley Oler..lr.. Judge, issued an Order to show cause why relief rcqucsted should not be wanted. Said Rule Was returnable twenty (20) days after service of Plainlill-s Motion upon Ihfcndant. Area Rulc to Show Cause dated October ':J ??? 2. 2001 and filet) by the Prothonotary on October 2. 2001 attached hereto and made part hereof as -Exhibit A.- 5. On October 3. 3001, counsel for Plaintill'sent a copy of the Rule to Defendant's counsel by regular mail. See letter ol'October 3. 2001 attached hereto and made part hereof as -Exhibit B." 6. As of the date of filing this Motion, Dclendant has failed to respond to this Honorable Court's Rule to Show Cause. 7. Pursuant to Pennsylvania Rule ol'C'ivil Procedure 206.7 (:t), and in light of the fact that no answer has been filed by Dclendant. the Plaintiff requests that this honorable Court order all averments of litct in the Motion to Compel Answers to Plaintiffs Interrogatories and Request for Production of Documents lie deemed admitted and that Defendant respond to Plaintiffs said Discovery requests within 10 clays or be subject to sanctions, as set forth in Pa. R.C.P. 4019. WHEREFORE 1'laintill'. Timothc I layslctt. requests that this Court make the Rule to Sho%% Cause Absolute. grant the Motion to Compel Answers to Plaintill-s Interrogatories and Request for Production of Documents. subject Delentdant to sanctions, as set forth in Pa. R.C.P. =4019. should Defendant fail to respond. zinc[ decree that all averments of )act in the Motion to Compel Answers to Plaintiffs Interro'.?atories and Request fill- Production of Documents are deemed admitted. Date: l 2 D RespectIll1h.-sulimi ted. IIANI LX, R, IIE, N'IiYG & ROSEN13GRG 13 Nlallhew S. Crosby. Esq. I.D. No. 69367 13011 l.inclestu?cn Road I larrisbur_,. PA 171 10 (717) 2A'-2000 Atlornevs fill- Plaintill, -3- TIMOTHY L. HAYSLETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVILACTION-LAW JAMES J. KAYER, Defendant NO. 99-7059 CIVIL TERM ORDER OF COURT AND NOW, this 2°d clay of October, 2001, upon consideration of Plaintiff's Motion To Compel Answers to Plaintiffs Interrogatories and Request for Production of Documents, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. atthew S. Crosby, Esq. -0. Box 1177 Harrisburg, PA 17105 Attorney for Plaintiff James J. Kayer, Esq. Kayer & Brown d E. Liberty AVcnuC Carlisle, PA 17013 Defendant, Pro Se TP r; FROM itlrCt::I?D h Tes?:r„cr, u=, l here unto s%t mi hand and tLe saai o: s•'. oust atAarl;i e, Pa. EXHIBIT A BY THE COURT. Courtesy Copy: Robert C. Radebach, Esq. 107 Locust Street Harrisburg, PA 17101 :rc ®ndler, A nningFj ®senb¢rg ATTORNEYS AT LAW Leslie B. Handler, Retired W. Scott Henning David H Rosenberg IPA, FL) Carolyn M. Anner (PA. NY, RN) Matthew S. Crosby (PA, NJ) Gregory M. Feather (PA, NJ) Stephen G. Held Samuel Handler (1922.70) Robert C. Radebach, Esq. 107 Locust Street Harrisburg, PA 17101 October 3, 2001 RE: Timothy L. Hayslett v. James J. Kayer, Esq. Dear Mr. Radebach: HARRISBURG OFFICE 1300 Linglestown Roan Harrisburg. PA 17110 717.238.2000 1.800.422.2224 717-233-3029 Ilan LANCASTER OFFICE HOA E King Street Lancaster. PA 17602 717.431.4000 DIRECT MAIL TO: P.O. Boa 1177 Harrisburg, PA 17106 www.HHRLaw.com CrosbyQHHRLaw.com Enclosed please find an Order, signed by Judge Oler, requesting that you show cause as to why Plaintiff's Motion to Compel Discovery should not be granted. Thank you for your attention to this matter. Very truly yours, HANDLER, HENNING & ROSENBERG Matthew S. Crosby MSC/vff/enclosure cc: Timothy L. Hayslett EXHIBIT B 117.-- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant, JAMES J. KAYER, Esq., by sending a copy of the same to him at KAYER & BROWN, Liberty Loft, 4 E. Liberty Ave., Carlisle, PA 17013 and to his attorney, Robert C. Radebach, Esq., 107 Locust St., Harrisburg, PA 17101, both by United States Mail, regular service, in Harrisburg, Pennsylvania on January 2, 2002. HANDLER, HENNING & ROSENBERG DATE: I TW CL By Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 60377 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff t t O F- i , I ? f Cl) Z r) 0 NO >° I T a ?- Y 0Cd J E } N J N / Q .? W f0 i i t, i i ? r I ? i ?i i TIMOTHY L. HAYSLETT, Plaintiff V. JAMES J. KAYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7059 CIVIL TERM ORDER OF COURT AND NOW, this 16`x' day of January, 2002, upon consideration of Plaintiff's otion is granted, the Rule issued on October 2, Motion To Make Rule Absolute, the m 2001, is made absolute, and Defendant is directed to provide full and complete answers to Plaintiff's Interrogatories and to comply with Plaintiff's Request for Production of Documents within 30 days of the date of this order. Matthew S. Crosby, Esq. 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Robert C. Radebach, Esq. 107 Locust Street Harrisburg, PA 17101 Attorney for Defendant :rc 7/. n r. c•? w N BY THE COURT, Kashnot ions/h:nslett/ru (cabs TIMOTHY HAYSLETT, Plaintiff, V. JANIES J. KAYER, Defendant, JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO MAKE RULE A13SOLUTE AND NOW, cones the Plaintiff: Timothy Hayslett, by and through his attorneys, Handler. Henning & Rosenberg, and respectfully moves this Honorable Court to make absolute the Rule to Show Cause that was issued in the above captioned matter on October 2, 2001, and in support thereol'states the following: Plaintiff: Timothy Hayslett, is an individual currently enlisted in the United States military and stational overseas. 2. Respondent..hunes.I. Kayer. Esq.. is an adult illdivitlual cuntntly doing business at Liberty Lolt. 4 last Liberty Avenue. Carlisle. Cumberland County. PA 17013. 3. On September 26. 2001. Plaintiff filed a Nlotion to Compel Answers to Plaintiff's Interrogatories and Request Ibr Production of Documents. 4. On October 2. 2001 the honorable .1. Wesley Oler..lr...lutlge, issued an Order to show cause why relief requested should not be granted. Said Rule was returnable twenty (20) days alter service ol'I'laintifl-s Nlotion upon Defiendanl..S'ee Rule to Show Cause dated October IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 99-7059 CIVIL CIVIL ACTION - LAW 2.2001 and tiled by file Prothonotary on October 2. 2001 attached hereto and made part hereol'as "Exhibit A.- 5. On October 3. 2001, counsel liar Plaill ti l'1'seI It a copy oI'II I c Rule to Defendant's counsel by regular muil. See letter ol'October 3. 2001 attached hereto and made part hereof as " 13xhibit B." 6. As ofthe (late ol'liling this Motion. Defendant has failed to respond to this I lonorable Court's Rule to Show Cause. Pursuant to Pennsylvania Rule of Civil Procedure 206.7 (a), and in light ol'the fact that no answer has been tiled by Del'cndanl, the Plaintiff requests that this I lonorable Court order all averments of lact in the Motion to Compel Answers to Plaintifl-s Interrogatories and Request for Production of Documents be deemed admitted and that Defendant respond to Plaintill"s said Discovery requests (within 10 days or be subject to sanctions, as set forth in Pa. R.C.P. 4019. WHEREFORE Plaintifl. Timothy I layslett, requests that this Court make the Rule to Show Cause Absolute, grant the Motion to Compel Answers to I'laintifl's Interrogatories and Request I'm Production of Documents, subject Defendant to sanctions, as set forth in Pa. R.C.P. 4019, should Defendant fail to respond. and decree that all averments of fact in the Motion to terrogatories and Request for Production of Documents are Rcspectl iiystiGnii?tcd, IIANI {'G.'R, IIEi fi11NC &R SGNI3ERC 13Y: klatthew S. Crosby, Esq. I.D. No. 69367 1.300 Linglestown Road I larrisburg, PA 17110 (717)235-2000 Attorneys for Plaintiff i TIMOTHY L. HAYSLETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW JAMES J. KAYER, Defendant NO. 99-7059 CIVIL TERM ORDER OF COURT AND NOW, this 2"d day of October, 2001, upon consideration of Plaintiffs Motion To Compel Answers to Plaintiffs interromatories and Request for Production of Documents, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. -0 atthew S. Crosby, Esq. . Box 1177 Harrisburg, PA 17108 Attorney for Plaintiff James J. Kayer, Esq. Kayer &: Brown d E. Liberty Avenue Carlisle, PA 17013 Defendant, Pro Se i P?- C^'f F?flAj1 RFI-OR.D In Tes%xa '" o=, I here unto set cr./ hand and fa saai u: - •_ou t a arli•!e, Pa. EXHIBIT A BY THE COURT. Courtesy Copy: Robert C. Radebach, Esq. 107 Locust Street Harrisburg, PA 17101 :rc i l 1 ? I Y %and e r; nning osenb¢rg ATTORNEYS AT LAW Leslie B. Handler, Retired W. Scott Henning David H Rosenberg SPA FLI Carolyn M. Meer IPA, NY, RN) Matthew S. Crosby SPA NJ) Gregory M. Feather IPA NJ) Stephen G. Held Samuel Handler 11922.701 Robert C. Radebach, Esq. 107 Locust Street Harrisburg, PP, 17101 October 3, 2001 HARRISBURG OFFICE 1300 Linglestown Road Harrisburg. PA 17110 717-238.2000 1.800.422.2224 7 17-233.3029 Ilaxl LANCASTER OFFICE 140A E King Street Lancaster, PA 17602 717.431.4000 DIRECT MAIL TO: P.O. Box 1 177 Harrisburg. PA 17108 www.HHRLaw.com Crosby@HHRLaw.com RE: Timothy L. Hayslett v. James J. Kayer, Esq. Dear Mr. Radebach: Enclosed please find an order, signed by Judge Oler, requesting that you show cause as to why Plaintiff's Motion to Compel Discovery should not be granted. Thank you for your attention to this matter. MSC/vff/enclosure cc: Timothy L. Hayslett Very truly yours, HANDLER, HENNING & ROSENBERG Matthew S. Crosby EXHIBIT B CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant, JAMES J. KAYER, Esq., by sending a copy of the same to him at KAYER & BROWN, Liberty Loft, 4 E. Liberty Ave., Carlisle, PA 17013 and to his attorney, Robert C. Radebach, Esq., 107 Locust St., Harrisburg, PA 17101, both by United States Mail, regular service, in Harrisburg, Pennsylvania on January 2, 2002. HANDLER, H G & ROSENBERG i? By Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 60377 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff DATE: I Z C? - O, t.J TIMOTHY L. HAYSLETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW JAMES J. KAYER, Defendant NO. 99-7059 CIVIL TERM ORDER OF COURT AND NOW, this 8°i day of April, 2002, upon consideration of Plaintiff's Motion for Sanctions with Entry of Default Judgment Against Defendant for Failure To Obey Discovery Order, a discovery conference/hearing is scheduled for Wednesday, June 5, 2002, at 2:15 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT, atthew S. Crosby, Esq. 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff ./Robert C. Radebach, Esq. 107 Locust Street Harrisburg, PA 17101 Attorney for Defendant :rc -10.mes aTK t?A Oy-09? 02 V, f TIMOTHY L. HAYSLETT, Plaintiff V. JAMES J. KAYER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7059 CIVIL TERM JURY TRIAL DEMANDED ORDER AND NOW, this day of April, 2002, upon consideration of Plaintiffs Motion forSanctions and Defendant, James J. Kayer, Esq.'s, answerthereto, and itappearing that Defendant has to date failed to comply with the Order of this Court of January 16, 2002, despite repeated opportunities, IT IS HEREBY ORDERED thatjudgment is entered in favor of Plaintiff, Timothy L. Hayslett, and against Defendant, James J. Kayer, Esq., and that Defendant, James J. Kayer, Esq., pay the reasonable attorneys' fees and costs of $ incurred by Plaintiff in connection with this Motion. BY THE COURT: J. Jjw\molionslsa n clio nslh ays left TIMOTHY L. HAYSLETT, Plaintiff V. JAMES J. KAYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO, 99.7059 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR SANCTIONS WITH ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT FOR FAILURE TO OBEY DISCOVERY ORDER AND NOW, comes the Plaintiff, Timothy L. Hayslett, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and hereby moves this Honorable Court to enter an Order pursuant to Pa.R.Civ.P. No. 4019, imposing sanctions upon Defendant, James J. Kayer, Esq., forfailureto obey this Honorable Court's Order to provide discovery, and in support thereof, avers as follows: 1. On or about February 16, 2000, Plaintiff's counsel filed a Complaint alleging that Defendant, James J. Kayer, Esq., was negligent in representing the Plaintiff, Timothy L. Hayslett, in a civil action arising from an automobile accident. 2. On or about February 15, 2000, Plaintiff's counsel served Defendant, James J. Kayer, Esq., with Plaintiffs Interrogatories and Request for Production of Documents directed to Defendant, James J. Kayer, Esq. 3. On September 26, 2001, Plaintiff filed with this Court a Motion to Compel Answers to Plaintiff's Interrogatories and Request for Production of Documents, seeking a Court order directing Defendant to provide answers to Plaintiffs outstanding Interrogatories and Requests for Production of Documents. 4. On October 2, 2001, this Court issued a Rule upon the Defendant to show cause why the relief requested should not be granted. The Rule was returnable within 20 days of service. 5. On January 16, 2002 in response to Plaintiff's Motion to Make Rule Absolute, this Court issued an order granting Plaintiff's Motion. The Order, in pertinent part, states that "...Defendant is directed to provide full and complete answers to Plaintiffs Interrogatories and to comply with Plaintiffs Request for Production of Documents within 30 days of the date of this order." A copy of the foregoing Order of January 16, 2002, is attached hereto, made a part hereof, and marked, "Exhibit A." 6. On or about January 31, 2002, a copy of said Order was served upon Defendant after two unsuccessful attempts at mailing the said Order. A copy of the cover letter dated January 21, 2002, is attached hereto, made a part hereof, and marked "Exhibit B." 7. On or about February 15, 2002, the 30-day period for compliance with the January 16, 2002 Order of this Court came and went without the Defendant, James J. Kayer, Esq., providing answers to Plaintiffs initial discovery request. 8. It is now more than 50 days since this Court's discovery Order of January 16, 2002 was issued upon Defendant, James J. Kayer, Esq., and over two years since Plaintiffs initial discovery requests were served upon Defendant. Defendant has still not 2 Provided any answers to Plaintiff's Interrogatories or Request for Production of Documents. In addition, Defendant's failure to respond completely to Plaintiffs discovery requests is in direct violation of this Court's Order and the Pennsylvania Rules of Civil Procedure. 10. PursuanttoRules 4019(a)(1)(i)and4019(a)(1)(viii)ofthe Pennsylvania Rules of Civil Procedure, the Court may issue an appropriate Order for sanctions if a party fails to serve sufficient answers to written Interrogatories or fails to make discovery or to obey an Order of the Court respecting discovery. 11. By virtue of Defendant's failure to comply, Plaintiff has been unable to secure important evidence and documents essential to the proof of his case and, as a result, has been prejudiced. 12. Furthermore, this civil action arises out of legal malpractice stemming from a motor vehicle collision that occurred in 1994. Defendant's failure to respond to discovery has severely limited Plaintiffs ability to develop his case in chief. 13. Pursuant to Rule 4019(c)(3) of the Pennsylvania Rules of Civil Procedure, this Court may enterjudgment by default as an appropriate sanction against a disobedient party for failure to comply with discovery rules and Orders of this Court. 14. In the alternative, pursuant to Rules 4019(c)(1) of the Pennsylvania Rules of Civil Procedure, this Court may issue "...an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order. "Additionally, pursuant to Rule 4019(c)(2)of the Pennsylvania Rules of Civil Procedure, this Court may 3 9'.. ' . issue "...an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition." 15. Pursuant to Rule 4019(g)(1) of the Pennsylvania Rules of Civil Procedure, this Court may require a party to pay reasonable expenses, including attorney fees, incurred by the moving party in obtaining an order of compliance and subsequent Order for sanctions. 16. In light of Defendant, James J. Kayer, Esq.'s, failure to provide full and complete answers to Plaintiffs Interrogatories and Requests for Production of Documents and obeythis Court's Order, this Court should enterjudgment bydefaLilt against Defendant and require Defendant to pay the reasonable expenses, including attorney fees, incurred by Plaintiff in obtaining the order of compliance and this order for sanctions. WHEREFORE, Plaintiff, Timothy L. Hayslett, requests that this Court enter Judgment by Default in favor of the Plaintiff and against Defendant, James J. Kayer, Esq., and require Defendant to pay to Plaintiff his costs and reasonable attorney fees. Respectfully sy?b nf?itte , HANDLER,FfENNIN & R&, LLP Date: 4-10z- gy, Matthew S. Crosby, Esquire Attorney I.D. # 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 4 ?- ?.. _ f r m TIMOTHY L. HAYSLETT, Plaintiff V. JAMES J. KAYER, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7059 CIVIL TERM ORDER OF COURT AND NOW, this 16°i day of January, 2002, upon consideration of Plaintiff's Motion.To Make Rule Absolute, the motion is granted, the Rule issued on October 2, 2001, is made absolute, and Defendant is directed to provide full and complete answers to Plaintiffs Interrogatories and to comply with Plaintiff's Request for Production of Documents within 30 days of the date of this order. Matthew S. Crosby, Esq. 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Royrt C. Radebach, Esq. 07 Locust Street Harrisburg, PA 17101 Attorney for Defendant :rc BY THE COURT, T? Fret+n:n+;tar? EXHIBIT A __ __ _ _ _ ,, .: ?,_ i 1 ndler, ennmg Ej tosenberg ATTORNEYS AT LAW LeSlle B. Handler. Retired W. Scott Henning David H Rosenberg IPA. FLI Carolyn M. Anner IPA, NY, RNI Maltnew S. Crosby (PA, NJ) Limgory M. Feather IPA, NJI Stephen G. Held Jason C. linter ?.. S HARRISBURG OFFICE 1300 Linglestown Road Harrisburg. PA 17110 717.238.2000 1.800.422.2224 717.233.3029 Iraxl LANCASTER OFFICE I40A E King Street Lancaster, PA 17602 717.431.4000 DIRECT MAIL TO: P.O. Box 60337 January 21, 2002 Harrisburg. PA 17106 www.HHRLaw.com Crosby@HHRLaw.COm [/James J. Kayer, Esq. KAYER & BROWN Liberty Loft 4 E. Liberty Ave. Carlisle, PA 17013 Robert Radebach , Esq. 107 Locust Street Harrisburg, PA 17101 Re: Hayslett v. Kayer Civil Action - Law .' Jury Trial Demanded 1 Gentlemen: c In connection with the above-Ieleleltced 1118tier. ellcwsed please find the Order of Court, signed by Judge Oler on January 16. 2002. Per Judge Oler's Order. please provide full and complete answers to Plaintiffs Interrogatories and Request for Production of Documents within 30 days of the date of the Order. Your failure to do so will leave me with no alternative but to file a Motion for Sanctions. Thank you in advance for your cooperation. Very truly yours. HANDLER, HENNING & ROSENBERG BY: Matthew S. Crosby MSC/vff/enclosure VIA CERj-IFIED MAIL - RETURN RECEIPT REQUESTED cc: Timothy L. Hayslett EXHIBIT B Delivery Record: 700111400000p 136014 Pale I of I UNITEDSTATES 10AOSTAL SERVICE(o Date: 02/07/2002 Dear Postal Customer: The following is in response to your 02/07/2002 request for delivery information on your Certified item number 70011140000098336014. The delivery record shows that this item was delivered on 01/31/2002 at 03:07 PM in HARRISBURG, PA 17110. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: De rveryec ion ?lkW??S f?G/L G7? 4l 3 beN& Etv 6- n 1b Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service http://pts.usps.gov/netdata-cgi/db2ww%v/cbd_262.d2w/letter?id_labcl=70011140000098336014& 2/7/02 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant, JAMES J. KAYER, Esq., by sending a copy of the same to him, both at KAYER & BROWN, Liberty Loft, 4 E. Liberty Ave., Carlisle, PA 17013 and his other address, 1913 Deer Path Rd., Harrisburg, PA 17110, and also to his attorney, Robert C. Radebach, Esq., 107 Locust St., Harrisburg, PA 17101, both by United States Mail, regular service, in Harrisburg, Pennsylvania on April 9-, 2002. HANDL' R E G & ROSENBERG DATE: I Z 0 L By Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 60377 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff 07-11-1- 1 r J L?.? cs ^t_.•s L•l iii U J ? TIMOTHY L. HAYSLETT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAMES J. KAYER, Defendant NO. 99-7059 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of June, 2002, upon consideration of Plaintiff's Motion for Sanctions with Entry of Default Judgment against Defendant for Failure To Obey Discovery Order, and it appearing that the Defendant has filed a Petition for Bankruptcy at No. 1-1-02-2482 as of May 3, 2002, in the United States District Court for the Middle District of Pennsylvania, and that the filing of the petition effects a stay in the present case, the Court will not at this time take action on Plaintiff's motion. In the event that Plaintiff secures relief from the stay with respect to this case, the Court will promptly hold a discovery conference/hearing on Plaintiff's motion. By the Court, hatthew S. Crosby, Esquire 1300 Linglestown Road Harrisburg, PA 17110 For the Plaintiff /James J. Kayer, Esquire 1913 Dear Path Road Harrisburg, PA 17110 Defendant, Pro Se /Robert G. Radebach, Esquire 107 Locust Street Harrisburg, PA 17101 (courtesy copy) J. esley O r J. o6 -67-0 4 pcb ,•?i it 0.' L12 JUN -7 Pi a: 19