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Home My WebLink About98-00896 (:) (:) () ~ ~ ,\ \!) v,l ;" ~ ~ ~ .. '" ~ ., 2- < ~ 4- ~ C !; I, I, (I ~I - ' * I ~I ._ ,I ~i ...j 0"- L>o . C>.. ()- ~ , JliRRY R, IJ(WFlli RICl/ARI> IV. SmWART C ROY WI,'l/JNI,'R, JR, lilWUNIJ (! MYliNS lJA YI/J W. /J/iWCli IWYl/1I. WRIGlIl: .lR, I>AYI/JJ,lANlA JOSEI'll L. IllTClllNGS M,IRK C /JUFPl/i KEIRSnW IV 1M YI/JSON MICl/A/i/,J, CASSIM I ,A W OFFICES JOHNSON, DUFFIE, STEWART & WlmlNER ^ Pl'OfcssiolUll Corpomlion 301 M^,(KET STREET 1',0, BOX 109 LEMOYNE, PENNSYLVANIA 17043,0109 I/(JUII('1i tl, )OIINSON ()[!COIIN.Vh'1. TI'.I,FI'IIONF 717,7<,j,4j40 FACSIMILI' 717,'II,j,]Olj E,~'l^ll.: tlHlil(11Ud~w,Clllll FAXED 9,'!:J7JA,t{ , FAX COVER LETTER TO: Daniel W, DeArment, Esquire DATE: December 10, 1998 FROM: Jerry R. Duffie FAX NO,: 249-6354 RE: Arbitration-Dart Transit and Robert Green v, SGT-2000, Inc, PAGES: 1 of 2 ......*********.**.****..************u...***.***'u****.*****************IIrUU******************************1r I am enclosing a copy of a letter I received on December 7, 1998 from James A. Garver, Esquire, advising me that the parties in the above-captioned arbitration have settled, If I receive any additional material from Mr. Garver, I will disseminate It to you, I appreciate your patience as we attempted to schedule this arbitration, Enclosure lIiRRI'R /Jlwnf: RICIfARO IV. S11iWAIIl' C ROI' WliIDNIiR, JR liDMUNO U. MI'/iRS IMf'1D W, /)/iWC/i RAU'II /I. WR/GIIJ: JR IMf'IDJ,IAN1.A JOSi:/'1f I.. IIITCIIINUS MARK C Dun'lIi Kf:/RSTf:N IV. OAf'IDSON MIClWiL J, CASSIDY L^ W OFFICES .JOHNSON, DUFFIE, STEWART & WEIDNER A I)rofcssiollal ('orporatioll .101 M^,{KET STREET 1',0, BOX 109 LEMOYNE,I'ENNSYLV^NI^ 1704.1-0109 1f0R,.j('I,' A, JOHNSON OF COUNSIiI. TELEPHONE '/17,)(,1,4;40 IW:SIMII.I! 717.701.]01; I:.MAII.: 1l1llil(llljd.'i\....'.OIll FAXED FAX COVER LETTER (1' o1M1, TO: Andrea C, Jacobsen, Esquire DATE: December 10, 1998 FROM: Jerry R. Duffie FAX NO,: 249-8427 RE: Arbitration-Dart Transit and Robert Green v, SGT.2000, Inc, PAGES: 1012 *************************************************************************w*********************************** I am enclosing a copy of a letter I received 011 December 7, 1998 from James A. Garver, Esquire, advising me that the parties In the above-captioned Elrbitratlon have settled, If I receive any additional material from Mr, Garver, I will disseminate It to you, I appreciate your patience as we attempted to schedule this arbitration, Enclosure LAW OFFICI'S fiLE COpy JERRY R DUFFIE RICHARD W, STEWART c. ROY WEIDNER, JR, EDMUND (, MYERS DAVID W, DELUCE RALPH H WRIGHT, IR, DAVID I, LANZA JOSEPH L HITCHINGS MARK C. DUFFIE KEIRSrEN WALSH DAVIDSON JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET p, 0, BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 HORACE A. JOHNSON OF COUN.m. TELEPIIONE 717-761,4540 FACSIMJLE 717-76I'}015 E.MAIL mail@Jdsw,com November 24,1998 James A. Garver, Esquire Peters & Wasllefski 2931 North Front Street Harrisburg, PA 17110 VIA FACSIMII..E AND REGULAR MAIL Michael Nerone, Esquire Dickie, McCamey & Chilcote, P,C, Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Re: Dart Transit and Robert Green, Plaintiffs v. SGT.2000, Inc., Defendant No, 98.896 Civil, Cumberland County Dear Mr, Garver and Mr, Narvone: Despite repeated attempts, we have rot been able to schedule an arbitration hearing In the above-captioned matter. I am enclosing herewith calendars for January and February, 1999, Please Indicate on that calendar when YOll, your respective clients and witnesses will be In a position to attend an arbitration hearing, Please return the calendars by TueSday. December 15,..tm, Upon receipt of all calendars, we will determine a date and the hearing will be scheduled by notice, When the arbitration hearing is scheduled, It will not be continued without the consent of both parties and without the approval of the Court, If the Court approves the change in the arbltrallon hearing, the party requesting the change will be required to reschedule the hearing at a time convenient with the other party and the arbitrators, As YOll are aware, scheduling arbitration hearings is lime consuming, It is even more time consuming when repeated telephone calls must be made requesllng compliance, Please return your calendars by December 15, 1998, Very truly YOllrs, JOHNSON, DUFFIE, STEWART & WEIDNER Jerry R. Duffie JRD:mam:117361 Enclosure cc: Andrea C, Jacobsen, Esquire, Arbltralor Daniel W, DeArment, Esquire, Arbitrator 7 PETERS & WASILEFSKI A OJ lOFIN[YS ANn COUNSELOFW A 1 LAW 2931 NOflTtI FIIONT SHHTT HMIFIISllUflO. Pt:NNSVLVANIAI-/11 0 WILLIAM J. PElF.RS CHARLES E. WASILEFSKI D(NNIS J. BONETTI JOSEPH C. PHILLIPS MICHAEl R, 80NSHOCK THOMAS A. tANG PAMEl.A S. PAAASCANDOlA STfPHEN F, MOORE SCOTT A. FLEISCHAUER CINDY J, MURPHY ,JAMES A. GARVER November 10, 1998 TELEPHONE (71 i'f 23B-1!)!)f.j FAX U171l38 771.iO (.Mull Addlos!> ,,:-, i.,pv'llilW@fIIdroso,IlUI ,:' 'I',':' :1/'" , "J~"fVI~'O NOV ! ? /998 Jerry R, Duffie, Esquire JOHNSON, DUFFIE, STEW ART & WEIDNER 301 Market Street p, 0, Hox IO~ Lemoyne, Pennsylvania 17043-0109 ,I, /IE 'i:I!JNl:.'il Re: Dllrt Trllnsit and Robert Green v. SGT.2000 Our File No,: 1492.1 Dear Mr. Duffie, By correspondence dated September 29, 1998, you instructed both parties to provide dates for an Arhitration Hearing in Novemher and December of this year, Vou requested that the calendars he returned no later than October 9, 1998, By correspondence dated Octoher 8, 1998, I forwarded to you a calcndar on which I indicatcu that the Plaintiffs would be in a position to attend the Arbitration Hearing during the entire week of November 16, as IVell as Monday and Tuesday of the following week, November 23 and November 24, Unfortunately, defense counsel did not suhmit and calendar or make any reply until Octoher 23, 1998, At that time, defense counsel indicatcd tint he was unavailable during the time periods suhmilted hy the Plaintiffs and that he was attempting to obtain dates during Deccmber. As you arc aware, it is now the middle of November, and we hal'c y(~t to receive any dates from the Defendant. Mr, Gn,cn is still a trllck drivcr and lives in S'''Jth Carolina, As a result, some advance notice is required in order to arrange to have Mr. Gn~l'n present It)r the hearing, Consequently, I request that Defendants immeuiately provide datcs for which they will be available to have the hearing in December. I thank you It)r your attention to this malleI'. If you have any questions or conce1'l1s, please do not hesitate to contact me, Vcry truly yours, -.--,.,..", ~ ) --' -' /, .' C~ ,.--.- '~\Ii"'~" .. '-- '" /' _,__ c..- t....,.~.~- ..' James A, Garvcr JAG:mre cc: Theouore 0, Stru k, Esqu i rc , " \'\ ,i' '\ ,,~.. ("1 -*' fr; ("; ''-f. ~. v- .. ~ ( C-,.) UJ.' C)". r},> [,1_" I"-\, <.,.} ~-' "I '-d - lI) C)i I (>- fYJ !2. 1, LLI" , n fY) fl,; Ll (I; 0 It n:j 11 ':l:) () 0\ () 0 ::J d. ~ c:J ~. .- (" > (r., CI', i". " " ( " , I.' tL {:< , , , , (' , ( i , , .,'; , I (\ ~) (i ~ , ",.- 3. It is hclicvcd and thcrcforc avcrrcd that Defcndant, SGT- 2000, Inc. is a Canadian clJl'poratlon with a buslncss addrcss of 354 Road 122, St. Germain, Quehec, Canada GOX-IKO. 4. At all times relevant to this Complaint, Plaintiff, Robert Green, was an agent and/or employcc of Plaintiff. Dart Transit. 5. It is bellcved and thcf'etiJre averrcd that Martin Hamel is an adult Individual who, at all times rclevantto this Complaint, was an agent and/or employee of Defendant, SGT-2000, Inc. 6. On or about May 18, 1997, at or ahout II :00 p.m., a 1991 Frcightllner owned hy Plaintiff, Robert Grccn, was lawfully parkcd at the Flying J Truck Stop in Carlisle, Cumbcrland County, Pcnnsylvania. 7. At 01' about the same time and place mentioned above, Martin Hamel within the scope and duties of his cmploymcnt with Defendant, SGT- 2000, Inc., was opemting a tractor trailer and was backing out of a fuel station at the Flying J Truck Stop in Carllslc, Cumbcrllmd County, Pennsylvania. 8. Suddcnly and without wal'l1ing, Martin Hamel ignored Plaintiff's parked vehicle and collidcd Into the front of Plaintiff's vehicle, The collision caused damage to Plaintiff's vehicle in the amount of Foul' Thousand Four Hundred Ninety Five Dollars and Twenty Nine Cents ($4,495.29). 2 No, 'Hl /l'Jr; Al:bl\'tdL.ioll ANSWEll;\l'm NI':W MA'lIJm AND NOW, comcs thc Ikl'cndant. S( i 1-20011, Inc.. hy and through its counscl. Dickie, McCamcy & Chilcote, 1',1', and Thcpdprc 0, Struk, I:sqllirc and lilcs this Answel' and New Mullcr, in SllppOl't Pi' which it aWl's thc lilllpwing: 1.1 Ancr rcaspnahle inwstigatipn, thc Ilcfcndant is withput sul'licicnt information or kn()\vlcdgl~ to lill'llI .1 bclid' as to thl' truth or I'alsity of thl~ avcrmcnts sct Iill,th in Paragn1llhs 1 and 2 of Plaintil'J's' ('omplal1\l. I'I,US, thc salllc arc dcnicd and strict proof tlll'reol' is demanded at the timc of trial. 3, Admilled, 4, AI'ter reasonable in\'Cs1igation, this Ilcl'cndant is without sul'lkicnt inlill'l11ation or knowledgc to 1i1l'l11 a belieI' as to thc truth or lidsity or tht: averments set li)j'th in Paragraph 4 01' I'laintil1,' Complaint. Thus, thc samc arc dcnied and strict pmof thercor is dcmanded at the timc or trial. 5, It is admittcd that Martin Ilamclwas cmployed hy SUr.2000, Inc, on May 18, 1997, 6, The avermcnts set lill'th in Paragraph (, of Plaintirrs' Compluint state conclusions or law to whieh no response is requircd, To th~ extent 1I response mu)' he deemed required, said allcgHlions are dcnicd, Tll thc contrary. said vchicle was impropcrly parked, 7, Admitted, 8, The avcrmcnts set !ilrth in Paragraph X or Plaintirfs' COlllplaint stat~ conclusions 01' lull' to whieh no respons~ is rcquired, To thc cxtcnt a rcsponse may he dcemed rcquired, said allegations are dcnied, , VERIFICATION I, Theodore 0, SI.J.'uk, dill t,he at,tcn:ney for t:he defendant, SGT 2000, Inc" and I ~11\ authorized to l1\ake this Verification on behalf of the said defendant, The facLs set forth in the within Al'1E'wer and Nnw HaUce",' of: which I hav," personai knowledge are truH and C01.' l"'CI' to the bnFJt of: my knowied(]e, infonnation and b0.11",r:; dnd thosE,' [acts set forth in t.he within Answer and New Hatter whIch havE' bi,en obtained from persons el1\ployed by or representing SGT 2000, Inc" I belIeve to be true and correct, and on such basIs so aver to the best. of my knowledge, informatIon and belief, The purposB of t.his Verification is to enable the Answer and New Hatter to be filed at this tIme, since persons havIng knowledge of the l1\atters within, are now reviewing the said Answ[~r and New Man.er, but I:,he verIfication of none of them has been obtained so as to permit the filing of the within Answer and New Matter at this time, A Verification of a representative of the defendant, SGT 2000, Inc, attesting to the Answer and New Hatter will be filed promptly upon receipt of the same; and wl11 be in substi tution of this Ve,ification, Thid statelll~nt is made subject to the penalties of 18 Pa,C,S" Section 4904, relating to unsworn verification to authorities, Dated: 1998 co Jj,""; 1,:/; , \'., ,~:} c",-i ;. ~") Ii. e:! rO'!] (/' " I' ., . DART TRANSIT and ROBERT GREEN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW () -- No, q ('" F':/ (, Lie.> t t 1'i'''J>7 ARBITRATION v, SGT-2000,INC, Defendant REPLY OF PLAINTIFFS. DART TRANSIT AND ROBERT GREEN. TO NEW MATTER OF DE:.FENllANT. SGT.2000. INC, AND NOW, come Plaintiffs, Dart Transit and Robert Green, and replies to the New Matter filed hy Defendant, SGT -2000, Ine" as follows: I, Plaintiffs deny the allegations contained in Paragraph 12 of the New MMter filed hy Defendant. Plaintiffs are adviscd and thereforc aver thaI the allcgations containcd in said paragraph arc Conc.\usions of Law and require no further answer and proof thereof is demanded, To the e~tent that an answer may necessary, it is specifically denied that Plaintiffs were eomributory and/or comparatively negligent. It is specifically denied that Plaintiffs werc in any way negligent. To the contrary, at all times, Plaintiffs acted in a careful and prudent manner, In further answer, Plaintiffs deny said allegations pursuant to Pennsylvania Rule of Civil Procedurc 1029(e), 2, Plaintiffs deny the allegations contained in Paragraph 13 of the Answer with New Matter I'iled by Defendant. Plaintiffs arc adviscd and thcreforc aver that the allegations containcd in said paragraph are Conclusions of Law and rl',quire no further answcr and proof thereof is demanded, To the extcnt that an answer may he neecssary, it is specifically denied that Plaintiffs assumed a known risk, In further answer, Plaintiffs deny said allegations pursuant to PennsylvlInia Rule of Civil Procedure 1029(e), 3, PllIintiffs deny the allegation contained in Paragraph 14 of the Answer with New MaUer filed by Defendant. Plaintiffs arc adviscd and therefore aver that the alleglltions contained in said paragraph arc Conclusions of LlIw and require no further answer and proof thereof is demandcd. It is specifically denicd that thc terms and provisions or the Pennsylvania Motor Vehicle Financial Responsibility Law act as a complete 01' partial bar to Plaintiffs' claims, In further answer, Plaintiff's dcny saidllllegations pursuant to Pcnllsylvania Rule of Civil ProcedUl'e 1029(e), 4, Plaintiffs deny the 1I11egatlons contained in Paragraph 15 of tbe Answer with New MaUer filed by Defendant. Plaintiffs arc advised and therefore aver that the allegation contained in said paragraph arc Conclusions of Law and require no further answer and proof thereof is demanded, To thc cxtent that an answer may be necessary, it is specifically denied that the pertinent Statute of Limitations acts as a complete 01' partial bar to Plaintiffs' claims, In further answer, Plaintiffs deny said allegation pursuant to Pennsylvania Rule of Civil Procedure 1029(e), 2 'H " I , /;"" I I , I , ( , , ('! , , li_ , l.' , ! L I 'i.\ , , r() \ U " () DART TRANSIT and ROBERT GREEN : IN THE COURT OF COMMON PLEAS OF : OUMBERLAND COUNTY, PENNSYLVANIA v, , , : 98-0896 CIVIL / SGT-2000, INC, IN RE: ARBITRAtlQH QRDER OF COURT AND NOW, January 14, 1999, the Court having been Informed that the above case was settled without hearing, the September 2, 1998, Order of Court appointing the Board of Arbitrators is hereby vacated, and the Chairman, Jerry R. Duffle, Esquire, shall be paid the sum of $50,00. By the Court, P.J, Jerry R. Duffle, Esquire Court Administrator , /-/?~. _ c'"I"L /Y'.""i<lL, "- b ) IT ,d ,~ ' '\ :ssg Jc."Z!ry Innr!;'1 ',16(',/" ,