HomeMy WebLinkAbout03-3501CAPITAL CITY CAB CO., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. 03 - 3501 e, 1-1)/
DAVID M. HASSINE, CIVIL ACTION - LAW
Defendant
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 attomey 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
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defendese de estas demandas
expuestas en las paginas siguintes, usted lien viente (20) dias de plazo al partir de la fecha
de la demanda y la notificacion. Usted debe presentar una apariencia a o en persona o por
abogado y archivar en la corte en forma escrita sus defeensas o sus objeciones a las demandas
en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas
y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja
o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus
preopedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA L LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
CAPITAL CITY CAB CO., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. o,T _ 33 0I
DAVID M. HASSINE, CIVIL ACTION - LAW
Defendant
COMPLAINT
1. Plaintiff Capital City Cab Co., is a Pennsylvania Corporation providing
taxicab service with a headquarters office of 362 South Front St., Steelton, Dauphin County,
Pennsylvania 17113.
2. Defendant David M. Hassine is an adult individual with an address of 29
Stonehouse Drive, Whitehouse Station, New Jersey 08889.
3. On or about December 5, 2002, Plaintiff was the owner of a 1996 red Dodge
Sedan which was involved in the accident described herein.
4. On the aforesaid date, Defendant was the operator of a 2001 black Mercedes
Sedan owned by Midstate Motor Car Corp. with an address of 1250 Route 22 East,
Bridgewater, New Jersey 08807 which was also involved in the accident in question.
5. On the aforesaid date, at approximately 8:30 P.M. Plaintiffs vehicle was
being driven by James P. Zulli in a westerly direction on West High Street, Carlisle,
Cumberland County, Pennsylvania 17013 at the intersection with Moreland Street in
Carlisle.
6. West High Street at said location has two westbound lanes and Plaintiffs
vehicle was being operated in the inner lane at said location at said time.
7. At said time and place Defendant was driving his vehicle in a westerly
direction in the outer lane of West High Street alongside Plaintiffs vehicle.
8. At said time and place Defendant, without warning, negligently turned his
vehicle in front of Plaintiffs vehicle in the inner lane of travel of West High St., causing
the two vehicles to collide and causing significant damage to Plaintiffs vehicle.
9. The accident was directly and proximately caused by the negligence and
carelessness of Defendant, which consisted among other things, of the following:
a) Operating his motor vehicle in a careless, reckless and negligent
manner;
b) Turning his motor vehicle in front of Plaintiffs motor vehicle in
Plaintiffs vehicle's lane of travel;
c) Failing to have his motor vehicle under proper control so as to prevent
his vehicle from striking Plaintiffs motor vehicle;
d) Failing to keep a proper lookout; and
e) Failing to use due care under the circumstances.
10. At all times James P. Zulli acted with due care and was not contributorily
negligent.
11. As a result ofDefendant's negligence, Plaintiff sustained significant damage
to his motor vehicle.
12. Said vehicle is a total loss as a result of Defendant's negligence.
13. The Fair Market Value of Plaintiff's vehicle at the time of said event is
$4632.00, for which Defendant is liable in money damages due to his negligence, as
aforesaid.
14. Plaintiff suffered down time for the loss of use of said motor vehicle as a
taxicab for 227 days at an expected profit of $100.00 per day for an additional damage
claim of $23,700.00, due to Defendant's negligence.
15. Plaintiff is suffering the cost of storing said damaged vehicle at the rate of
$15.00 per day for an additional damage claim of $3405.00, due to Defendant's negligence.
WHEREFORE, PlaintiffCapital City Cab Co. demands judgment against Defendant
David M. Hassine in the amount of $30,728.00, plus costs.
July 22, 2003
Peter B. Foster, Esq.
Attorney for Plaintiff
Pinskey & Foster
121 South St.
Harrisburg, PA 17101
(717) 234-9231
VERIFICATION
I, Ayal Salam, President of Capital City Cab Co., hereby verify that the statements
made in the foregoing Civil Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein made are subject to the
penalties of 18 Pa. C.S. Section 4904 relative to unworn falsification to authorities.
1
July 22, 2003 ?-'
Ayal Salam
President Cahitaf City Cab Co.
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ROLF E. KROLL, ESQUIRE
P.*. Supreme Court I.D. No. 47243
,MARGOLIS EDELSTEIN
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
Telephone: 17171975-8114
Fax: 17171975-8124
CAPITAL CITY CAB CO.,
V.
DAVID M. HASSINE,
Attorney
IN THE COURT OF COMMON PLEA(
Plaintiff OF CUMBERLAND COUNTY, PENN;
NO. 03-3501 CIVIL
CIVIL ACTION LAW
Defendant : JLiZY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Kindly enter the undersigned's appearance on behalf of the Defendant, David
Hassine.
Respectfully submitted,
MARGOLIS EDELSTF
RoIfE. Krog/Eeuire
Attorney I.D. #47243
Post Office Box 932
Harrisburg, P.A 17108-0932
(717) 975-8114
Attorney for Defendant
VANIA
CERTIFICATE OF SERVICE
I, Jessica Stine, an authorized representative of Margolis Edelstein, hereby
served a true and correct copy of the foregoing document upon all counsel and pa
1g7
day of Au list, 2003, by placing the same in the United States First Class Mai
at Camp Hill, Pennsylvania, addressed as follows:
Peter B. Foster, Esquire
Pinskey & Foster
121 South Street
Harrisburg, PA 17101
By:
Stine
that I have
of record this
postage prepaid,
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ROLF E. KROLL, ESQUIRE
Pa. Supreme Court I.D. No. 47243
MARGOLIS EDELSTEIN
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
Telephone: 17171975-8114 Attorney for:
Fax: [7171975-8124 DEFENDANT
E-mail: rkroll(i?mareolisedelstein.com
CAPITAL CITY CAB CO., : IN THE COURT OF COMMON PLEAS
Plaintiff . OF CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 03-3501 Civil
CIVIL ACTION - LAW
DAVID M. HASSINE,
Defendant : JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Capital City Cab Co., Plaintiff
c/o Peter B. Foster, Esquire
Pinskey & Foster, Esquire
121 South Street
Harrisburg, PA 17101
YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within
twenty (20) days of service hereof, or a default judgment may be entered against you.
Respectfully submitted,
Post Office Box 932
Harrisburg, PA 17108-0932
(717) 975-8114
Attorney for Defendant
ROLF E. KROLL, ESQUIRE
Pa. Supreme Court I.D. No. 47243
MARGOLIS EDELSTEIN
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
Telephone: [7171975-8114 Attorney for:
Fax: [7171975-8124 DEFENDANT
E-mail: rkroll(a-),mareolisedelstein.com
CAPITAL CITY CAB CO.,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID M. HASSINE,
Defendant
No. 03-3501 Civil
CIVIL ACTION - LAW
JURY TRIAL, DEMANDED
DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, comes Defendant, David M. Hassine, by and through his counsel, Margolis
Edelstein, to Answer Plaintiff s Complaint, and in support thereof avers the following:
1. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments in this paragraph of
Plaintiffs Complaint, and the same is accordingly denied.
2. Admitted.
3. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments in this paragraph of
Plaintiffs Complaint, and the same is accordingly denied.
4. Denied. Defendant was the operator of a 2001 blue Mercedes SUV.
5. Admitted.
2
6. Denied. This paragraph of Plaintiffs Complaint is denied pursuant to Pa.R.C.P.
1029(e).
7. Denied. It is specifically denied that Defendant was driving his vehicle in the
outer lane of westbound West High Street, alongside Plaintiffs vehicle.
8. Denied. It is specifically denied that Defendant was in any way negligent in his
operation of the motor vehicle in question. Further, it is specifically denied that Defendant was
traveling in the outer lane of westbound West High Street, or that he turned his vehicle in front
of Plaintiffs vehicle, causing a collision between the two.
9(a)-(e). Denied. It is specifically denied that Defendant was in any way negligent
in his operation of the motor vehicle in question. Further, it is specifically denied that Defendant
was traveling in the outer lane of westbound West High Street, or that he turned his vehicle in
front of Plaintiffs vehicle, causing a collision between the two. Finally, it is specifically denied
that Defendant operated his motor vehicle in a careless, reckless and/or negligent manner; that he
turned his motor vehicle in front of Plaintiffs motor vehicle in. Plaintiffs lane of travel; that he
failed to have his motor vehicle under proper control so as to prevent his vehicle from striking
Plaintiffs motor vehicle; that he failed to keep a proper lookout and/or that he failed to use due
care under the circumstances.
10. Denied. It is specifically denied that James P. Zulli acted with due care and was
not contributorily negligent. In fact, Mr. Zulli's negligence was the sole cause of the accident in
question.
11. Denied. See answers to paragraphs 8 through 10 above.
12. Denied. See answers to paragraphs 8 through 10 above. Further, after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of whether Plaintiff s vehicle is a total loss.
3
13. Denied. See answers to paragraphs 8 through 10 above. Further, after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of whether the fair market value of Plaintiffs vehicle at the time of the accident was
$4,632.
14. Denied. See answers to paragraphs 8 through 10 above. Further, after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of whether Plaintiff suffered down time for the loss of said motor vehicle as a taxi cab for
227 days at an expected profit of $100 per day for an additional damage claim of $23,700.
15. Denied. See answers to paragraphs 8 through 10 above. Further, after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of whether Plaintiff is suffering the cost of storing said damaged vehicle at the rate of $15
per day, for an additional damage claim of $3,405.
WHEREFORE, Defendant, David M. Hassine, respectfully requests this
Honorable Court enter judgment in his favor and against Plaintiff.
NEW MATTER
16. Paragraphs 1 through 15 hereof are incorporated herein by reference as if set forth
in full.
17. Plaintiff has failed to state a claim upon which relief can be granted.
18. Plaintiffs claims are barred by the doctrines of contributory and comparative
negligence.
19. Plaintiff s claims are barred by the doctrine of assumption of risk.
4
20. Defendant, David M. Hassine, was confronted with a sudden emergency not of
his own creation, to which he responded reasonably under the circumstances.
21. Plaintiff's claims are barred by the applicable statute of limitations.
22. Plaintiff's claims are barred in whole or in part by the terms and conditions of the
Pennsylvania Motor Vehicle Financial Responsibility Law, Act of February 12, 1984, 75
Pa.C.S.A. § 1701 et sue., as amended.
23. To the extent that Plaintiff sustained any damage as alleged in Plaintiff's
Complaint, which is specifically denied, Defendant avers that any such damage was a result of
the acts or omissions of third parties for whom Defendant is in no way liable.
24. To the extent that Plaintiff sustained any damages claimed in Plaintiffs
Complaint, Defendant, in no way negligently or otherwise caused or contributed to cause any
such damages.
25. Plaintiff, through the negligence of its agent or employee, James P. Zulli, was the
cause of the motor vehicle accident question.
26. James P. Zulli, Plaintiffs agent or employee, was negligent in the following
respects:
a) operating a motor vehicle in a careless, reckless and/or negligent manner;
b) failing to have a motor vehicle under proper control so as to prevent his
vehicle from striking the motor vehicle operated by Defendant;
C) failing to maintain an assured clear distance;
d) failing to keep a proper lookout; and,
e) failing to use due care under the circumstances.
5
WHEREFORE, Defendant, David M. Hassine, respectfully requests this
Honorable Court enter judgment in his favor and against Plaintiff.
Respectfully submitted,
Harrisburg, PA 17108-0932
(717) 975-8114
Attorney for Defendant
Shaun J. Mumford, Esquire
Attorney I.D. # 84176
Post Office Box 932
VERIFICATION
I, David M. Hassine, have read the foregoing Answer with New Matter which has been
drafted by my counsel. The factual statements contained therein are known by me and are true
and correct to the best of my knowledge, information and belief.
This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make
false averments, I may be subject to criminal penalties.
Date: IOI ZI Z003 1/l
David M. Hassine
CERTIFICATE OF SERVICE
I, Jessica Stine, an authorized representative of Margolis Edelstein, hereby certify that I have
served a true and correct copy of the foregoing document upon all counsel and parties of record this
136-day of November, 2003, by placing the same in the United States First Class Mail, postage
prepaid, at Camp Hill, Pennsylvania, addressed as follows:
Peter B. Foster, Esquire
Pinskey & Foster, Esquire
121 South Street
Harrisburg, PA 17101
By:
essica Stine
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CAPITAL CITY CAB SERVICE, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND
Plaintiff
Vs.
2003-3501
DAVID M. HASSINE,
Defendant
CIVIL ACTION-LAW
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate the Complaint in this case.
January 21, 2004
Peter B. Foster, Esquire
Attorney for Plaintiff
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SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2003-03501 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CAPITAL CITY CAB CO
VS.
HASSINE DAVID M
R. Thomas Kline
, Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT HASSINE DAVID M
by United States Certified Mail postage
prepaid, on the 23rd day of January 2004 at 0000:00 HOURS, at
29 STONEHOUSE DRIVE
WHITEHOUS STATION, NJ 08889
and attested copy of the attached COMPLAINT & NOTICE
with
receipt card was signed by DAVID HASSINE
01/26/2004 .
Additional Comments:
Sheriff's Costs:
Docketing 18.00
Service 8.15
Affidavit .00
Surcharge 10.00
.00
36.15
Paid by PETER FOSTER
Sworn and subscr#ed to before me
this P day of ' 6-"Lu w?
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Pro onota y
a true
Together
The returned
on
So answ ,
R. Thomas Kline
Sheriff of Cumberland County
on 01/28/2004
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CAPITAL CITY CAB CO.,
Plaintiff
VS.
DAVID M. HASSINE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-3501CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND NOW, this 20 th day of April, 2004, comes Plaintiff Capital City Cab Company, by
its attorney, Peter B. Foster, Esquire, and replies to Defendant's New Matter, as follows:
16. Admitted. Admitted that Defendant incorporates by reference Paragraphs 1
through 15 of his Answer. Denied that Paragraphs 1-15 of said Answer are correct.
17. Denied. Said averment states a conclusion of law to which no responsive pleading
is required.
18. Denied. Said averment states a conclusion of lave to which no responsive pleading
is required.
19. Denied. Said averment states a conclusion of law to which no responsive pleading
is required.
20. Denied. It is denied that Defendant was confronted with a sudden emergency, not
of his own creation, to which he responded reasonably under the circumstances. On the contrary
there was no sudden emergency and Defendant did not act reasonably. At said time and place
Defendant, without warning, negligently turned his vehicle in front of Plaintiff s vehicle in the
inner lane of travel of West High St., Carlisle, causing the two vehicles to collide and causing
significant damage to Plaintiff's vehicle.
21. Denied. Said averment states a conclusion of law to which no responsive pleading
is required.
22. Denied. Said averment states a conclusion of law to which no responsive pleading
is required.
23. Denied. Said averment states a conclusion of law to which no responsive pleading
is required.
24. Denied. Said averment states a conclusion of law to which no responsive pleading
is required.
25. Denied. Said averment states a conclusion of law to which no responsive pleading
is required.
26. a) Denied. It is denied that James P. Zulli was negligent in operating a motor vehicle
in a careless, reckless and/or negligent manner. Said averment estates a conclusion of law to which
no responsive pleading is required.
26. b) Denied. It is denied that James P. Zulli was negligent in failing to have a motor
vehicle under proper control so as to prevent his vehicle from striking the motor vehicle operated
by Defendant. On the contrary James P. Zulli did have said motor vehicle under proper control at
the time of said accident. Further, at said time and place Defendant, without warning, negligently
turned his vehicle in front of Plaintiffs vehicle in the inner lane: of traffic of West High St.,
Carlisle, causing the two vehicles to collide and causing significant damage to Plaintiff s vehicle.
26. c) Denied. It is denied that James P. Zulli was negligent in failing to maintain an
assured clear distance. On the contrary, James P. Zulli did maintain an assured clearance. Further,
at said time and place Defendant, without warning, negligently turned his vehicle in front of
Plaintiff's vehicle in the inner lane of traffic of West High St., Carlisle, causing the two vehicles to
collide and causing significant damage to Plaintiff s vehicle.
26. d) Denied, It is denied that James P. Zulli was negligent in failing to keep a proper
lookout. On the contrary, at the time of said accident James P. Zulli did keep a proper lookout.
Further, at said time and place Defendant, without warning, negligently turned his vehicle in front
of Plaintiffs vehicle in the inner lane of traffic of West High St., Carlisle, causing the two vehicles
to collide and causing significant damage to Plaintiffs vehicle.
26. e) Denied. It is denied that James P. Zulli failed to use due care under the
circumstances. Said averment states a conclusion of law to which no responsive pleading is
required.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss
Defendant's New Matter.
April 20, 2004
Peter B. Foster
Attorney for Plaintiff
Pinskey & Foster
121 South St.
Harrisburg, PA. 17101
(717) 234-9321
03x'62/1994 17:18 71723478322 PINSKEY & FOSTER PAGE 65
VERIFICATION
I
ii1I, Ayal Salam, President of Capital City Cab Service, Inc., hereby verifies that the
made in the foregoing Answer with New Matter are true and correct to the best of my
sfate>tt
knowillo, information, and belief. 1 understand that false statements herein made are subject to
the ptn d&s of IS PA. C.S. Section 4904, relative to unswom falsification to authorities.
April Im 5iicc ...
I? dent, C tal City Cab
Inc.
CERTIFICATE OF SERVICE,
I hereby certify that on this date April 20, 2004, I served a copy of the foregoing Reply to
New Matter on the Defendant by mailing said copy by U.S. Mail at Harrisburg, PA. to the
Attorney for Defendant at the following address:
Rolf E. Kroll, Esquire
P.O. Box 932
Harrisburg, PA. 17108-0932
April 20, 2004
Peter B. Foster
Attorney for Plaintiff
oow ja X55 ?0- IN THE COURT OF COMMON PLEAS OF
?e(Ync?urt CUMBERLAND COUNTY,PENNSYLVANIA
V. Doc) et No. 03-35°I GIV ( t-
CAPITAL CITY CAB SE VICIr,
a?aant p ?w?'nGCtf-
NOTICE OF APPEARANCE
I hereby notify this court and all interested parties of my appearance as counsel in the above case
Respectfully submitted,
Date: 3/t 5 La,
A: 49-zk ?
Joseph T. Sucec, Esc}. (III # 74482)
Attorney for Defenda t r°l9i h {¢
325 Peach Glen-Tdaville Road
Gardners, PA 17324
(717)677-9284
j0esacec4paortline.com
Page 1
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL CITY CAB SERVICE, INC.,
Plaintiff NO. 03-3501 CIVIL
V.
CIVIL ACTION - LAW
DAVID M. HASSINE,
Defendant
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance for the Plaintiff, Capital City Cab Service, Inc.
May 17, 2005
Peter B. Foster, Esquire
Pinskey & Foster
114 South Street
Harrisburg, PA 17101
(717) 234-9321
CERTIFICATE OF SERVICE
I hereby certify that on this date, May 17, 2005, I served a copy of the foregoing Praecipe
to Withdraw Appearance on the Plaintiff and Defendant by mailing said copies by first class mail
at Harrisburg, PA to the attorneys for the Parties at the following addresses:
Joseph T. Sucec, Esquire
Attorney for Plaintiff
325 Peach Glen - Idaville Road
Gardners, PA 17324
Shaun J. Mumford, Esquire
Attorney for Defendant
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
May 17, 2005 g k
Peter B. Foster, Esquire
_A
DAVID M. HASSINE,
Plaintiff,
V.
CAPITAL CITY CAB COMPANY,
a/k/a CAPITAL CITY CAB
SERVICE, INC., and JAMES P.
ZULLI,
Defendants.
STEPHEN G. BOORS,
Plaintiff
V.
CAPITAL CITY CAB CO.,
Defendant
DAVID M. HASSINE,
Additional Defendant:
CAPITAL CITY CAB CO.
Plaintiff
VS.
DAVID M. HASSINE
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-6084
CIVIL ACTION LAW
JURY TRIAL DEMANDED
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 04-1117
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
N0.03-3501
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
CAPITAL CITY CAB CO.
Plaintiff
VS.
DAVID M. HASSINE
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-3501
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
MOTION FOR CONSOLIDATION OF PLAINTIFF DAVID M. HASSINE
AND NOW, comes Plaintiff, David M. Hassine ("Mr. Hassine"), by and
through his counsel, Margolis Edelstein, to move for the consolidation of related
cases for purposes of discovery and trial, and avers the following in support thereof:
1. The above-captioned matter, docketed at No. 04-6084, was initiated by
way of Writ of Summons issued on December 3, 2004, against Defendants, Capital
City Cab Company, a/k/a Capital City Cab Service, Inc. ("Capital City Cab"), and
James P. Zulli ("Mr. Zulli").
2. As set forth in Mr. Hassine's Complaint, which was filed on October 31,
2005, Mr. Hassine alleges personal injuries as a result of a motor vehicle accident
between the car he was operating and the Capital City cab operated by Mr. Zulli on
December 5, 2002, on West High Street in Carlisle, Cumberland County,
Pennsylvania, near its intersection with Moreland Street.
3. On November 16, 2005, Mr. Zulli filed an Answer to the Complaint
denying any and all liability. To date, it does not appear that an Answer has been
2
filed by Capital City Cab.
4. No discovery has yet been undertaken in the above-captioned matter,
docketed at No. 04-6084.
5. In addition to the above-captioned matter, two additional civil actions
have been filed in Cumberland County with regard to the subject motor vehicle
accident.
6. The first is a lawsuit docketed at 03-3501 in the Cumberland County Court
of Common Pleas, brought by Capital City Cab versus Mr. Hassine for property
damage and loss of earnings related to the subject motor vehicle accident.
7. The action captioned at 03-3501 was initiated by way of Complaint filed
on or about July 29, 2003, by Capital City Cab.
8. Mr. Hassine filed an Answer with New Matter to Capital City Cab's
Complaint on November 17, 2003, denying any and all allegations of liability.
9. On or about April 20, 2004, Capital City Cab filed a Reply to the New
Matter of Mr. Hassine, thus closing the pleadings in the action docketed at 03-3501.
10. No discovery has taken place in the civil action docketed at 03-3501 to
date.
11. The last civil action with regard to the subject motor vehicle accident is a
case docketed at 04-1117 in the Cumberland County Court of Common Pleas.
3
12. The action docketed at 04-1117 was a lawsuit brought by Stephen G.
Boore ("Mr. Boore"), against Capital City Cab.
13. Mr. Boore sued Capital City Cab for storage charges relating to the cab
which suffered property damage during the subject motor vehicle accident.
14. Capital City Cab, by Joinder Complaint filed on or about April 20, 2004,
joined Mr. Hassine as an Additional Defendant in the case captioned at 04-1117.
15. On or about February 1, 2006, Mr. Hassine filed an Answer with New
Matter to the Joinder Complaint of Capital City Cab.
16. On or about February 7, 2006, Capital City Cab filed a Reply to the New
Matter of Mr. Hassine, thus closing the pleadings in the action docketed at 04-1117.
17. To date, no discovery has taken place in the action captioned at 04-1117.
18. Due to the fact that the above-mentioned three civil actions all relate to
the same motor vehicle accident, Mr. Hassine seeks a consolidation of the three
cases for purposes of discovery, arbitration and/or trial.
19. In addition, Mr. Hassine seeks a scheduling conference with the Court to
set discovery deadlines to ensure that the consolidated cases are resolved in a timely
manner.
20. It is believed and, therefore, averred that Mr. Boore is represented by
Joseph D. Buckley, Esquire, at 1237 Holly Pike, Carlisle, PA 17013.
4
21. It is believed and, therefore, averred that Capital City Cab and Mr. Zulli
are represented by Joseph T. Sucec, Esquire, at 325 Peach Glen-Adaville Road,
Gardners, PA 17324.
WHEREFORE, Plaintiff, David M. Hassine, respectfully requests that this
Honorable Court consolidate the three above-mentioned civil actions relating to the
subject motor vehicle accident and that a scheduling conference be set so that a
scheduling order setting forth discovery deadlines can be issued.
Respectfully submitted,
Date: 7 d,6 By:
MARGOLIS EDELSTEIN,
Shaun'7'Wim d, Esquire
Pa Supreme rt I.D. No. 84176
3510 Trindle oad
Camp Hill, PA 17011
(717) 975-8114
Attorney for Plaintiff
M:\mdir\l REK Indiv Clients\70000.4-00015\plead\Motion to Consolidate.11-12-06.wpd
5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing on
all counsel of record by placing the same in the United States mail at Camp Hill,
Pennsylvania, first-class postage prepaid, on the U day of aX'n-kj-'- , _,-Df 2006, and addressed as follows:
Joseph Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
Joseph T. Sucek, Esquire
325 Peach Glen-Idaville Road
Gardners, PA 17324
By:
MARGOLIS EDELSTEIN
ao.a___
Carol Moose
CA3
`l7a
( `?/ `mow
DAVID M. HASSINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 04-6084 CIVIL
CIVIL ACTION - LAW
CAPITAL CITY CAB COMPANY,
a/k/a CAPITAL CITY CAB
SERVICE, INC., and JAMES P.
ZULLI, JURY TRIAL DEMANDED
Defendants
STEPHEN G. BOORE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 04-1117
CAPITAL CITY CAB CO.,
Defendant JURY TRIAL DEMANDED
vs.
DAVID M. HASSINE,
Additional Defendant
CAPITAL CITY CAB CO., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL CTION - LAW
NO. -3501 CIVIL
DAVID M. HASSINE,
Defendant JURY TRIAL DEMANDED
IN RE: MOTION FOR CONSOLIDATION
ORDER
AND NOW, this Z 9 day of December, 2006, a rule is issued on all parties to
show why the above-captioned matter should not be consolidated for the purposes of discovery
and trial and/or why a scheduling conference ought not to be scheduled before the undersigned.
This rule returnable twenty (20) days after service.
BY THE COURT,
Kevin,A. Hess, J.
w1) M
DAVID M. HASSINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. 04-6084 CIVIL
CIVIL ACTION -LAW
CAPITAL CITY CAB COMPANY
a/k/a CAPITAL CITY CAB
SERVICE, INC., and JAMES P.
ZULLI, : JURY TRIAL DEMANDED
Defendants
STEPHEN G. BOORE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION -LAW
CAPITAL CITY CAB CO., NO. 04-1117
Defendant
JURY TRIAL DEMANDED
VS.
DAVID M. HASSINE,
Additional Defendant
CAPITAL CITY CAB CO., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
NO. 03-3501
DAVID M. HASSINE,
Defendant JURY TRIAL DEMANDED
PLAINTIFF STEPHEN G. BOORE'S CONCURRENCE WITH MOTION TO
CONSOLIDATE
AND NOW, this 8c" day of January, 2007, comes Stephen G. Boore, by and
through his attorney, Joseph D. Buckley, Esquire, and hereby notifies the Court that he has
no objection to the Motion of David M. Hassine to consolidate the many actions involving
? 141h.
said Mr. Hassine and likewise desires this matter be placed on a fast track for either a
prompt trial or other resolution..
D. Bi6ckle f, Esquire
to Court I.D. # 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
JoeBLaw@aol.com
: r.
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing Concurrence with Motion to
Consolidate was duly served by prepaid first class United States Mail on the following
persons:
Rolf E. Kroll, Esquire
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
Shaun J. Mumford, Esquire
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
Joseph T. Sucec, Esquire
325 Peach Glen-Idaville Road
Gardners, PA 17324
Date: C JOS*h D. Buckle Esquire
Attorney for Plaintiff
C'? ? ? -?
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^? ? ?
?,
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ROLF E. KROLL, ESQUIRE
Pa Supreme Court I.D. No. 47243
SHAUN J. MUMFORD, ESQUIRE
Pa Supreme Court I.D. No. 84176
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114
(717) 975-8124 [fax]
Direct Email: rkroll(r)margolisedelstein.com
Attorneys for:
PLAINTIFF,
David M. Hassine
DAVID M. HASSINE,
Plaintiff,
V.
CAPITAL CITY CAB COMPANY,
a/k/a CAPITAL CITY CAB
SERVICE, INC., and JAMES P.
ZULLI,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-6084
CIVIL ACTION LAW
JURY TRIAL DEMANDED
Defendants.
STEPHEN G. BOORS,
Plaintiff
V.
CAPITAL CITY CAB CO.,
Defendant
DAVID M. HASSINE,
Additional Defendant:
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 04-1117
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
I ,
CAPITAL CITY CAB CO.
Plaintiff
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-3501
DAVID M. HASSINE CIVIL ACTION-LAW
Defendant JURY TRIAL DEMANDED
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes Plaintiff, David M. Hassine ("Mr. Hassine"), by and through his
counsel, Margolis Edelstein, to petition the Court to make rule absolute and consolidate the above-
captioned cases for purposes of discovery and trial, and avers the following in support thereof:
1. On or about December 7, 2006, Mr. Hassine filed a Motion for Consolidation of the
above-captioned matters.
2. As a result, on December 29, 2006, Judge Hess issued a Rule upon all parties to
show why the above-captioned matters should not be consolidated for the purposes of discovery
and trial. A copy of the Rule is attached hereto as Exhibit "A."
3. On or about January 8, 2007, Stephen G. Boore filed a Concurrence with the
Motion to Consolidate. A copy of the Concurrence is attached hereto as Exhibit "B."
4. Counsel for Capital City Cab Company and James P. Zulli has not filed a response
to the Rule, despite the fact that the time for doing so has now passed.
5. Based on the foregoing, Mr. Hassine files the instant Petition to Make Rule
Absolute, and requests the consolidation of the above-captioned matters for purposes of discovery
and trial.
6. This Petition should be assigned to Judge Hess for consideration, based on the fact
that Judge Hess issued the Rule which is sought to be made absolute.
WHEREFORE, Plaintiff, David M. Hassine, respectfully requests this Honorable Court
issue an Order making the aforementioned Rule absolute and directing that the above-captioned
matters be consolidated for purposes of discovery and trial.
Respectfully submitted,
MARGOLIS
Date: ?i d By:
Shaun J. Mdmfbfd,
Pa Supreme Court
3510 Trindle Roa
Camp Hill, PA 17011
(717) 975-8114
Attorney for Plaintiff
squire
. No. 84176
MAmdn11 REK Indiv Clients\70000.4-00015\plead\Pe6tion to Make Rule Absolute.4-9-07.wpd
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing on
all counsel of record by placing the same in the United States mail at Camp Hill,
Pennsylvania, first-class postage prepaid, on the day of
2007, and addressed as follows:
Joseph Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
Joseph T. Sucek, Esquire
325 Peach Glen-Idaville Road
Gardners, PA 17324
MARGOLIS EDELSTEIN
By:
Carol Moose
it
I
I
i
V I!a!gx3
DAVID M. HASSINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 04-6054 CIVIL
CIVIL ACTION - LAW
CAPITAL CITY CAB COMPANY, :
a/k/a CAPITAL CITY CAB
SERVICE, INC., and JAMES P.
ZULLI, JURY TRIAL DEMANDED
Defendants
STEPHEN G. BOORE,
Plaintiff
vs.
CAPITAL CITY CAB CO.,
Defendant
vs.
DAVID M. HASSINE,
Additional Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-1117
JURY TRIAL DEMANDED
CAPITAL CITY CAB CO., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 03-3501 CIVIL
DAVID M. HASSINE,
Defendant JURY TRIAL DEMANDED
IN RE: MOTION FOR CONSOLIDATION
ORDER
AND NOW, this 2-9' day of December, 2006, a rule is issued on all parties to
show why the above-captioned matter should not be consolidated for the purposes of discovery
and trial and/or why a scheduling conference ought not to be scheduled before the undersigned.
This rule returnable twenty (20) days after service.
BY THE COURT,
kiv
Kevin,A. Hess, J.
9 ?!Q!uX3
e:?' 4(W,00, ?--Ooao/
DAVID M. HASSINE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No. 04-6084 CIVIL
: CIVIL ACTION - LAW
CAPITAL CITY CAB COMPANY :
a/k/a CAPITAL CITY CAB
SERVICE, INC., and JAMES P.
ZULLI, JURY TRIAL DEMANDED
. Defendants
STEPHEN G. BOORS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
CAPITAL CITY CAB CO., : NO. 04-1117
Defendant
JURY TRIAL DEMANDED
VS.
DAVID M. HASSINE,
Additional Defendant
CAPITAL CITY CAB CO., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
: NO. 03-3501
DAVID M. HASSINE,
Defendant : JURY TRIAL DEMANDED
PLAINTIFF STEPHEN G. BOORE'S CONCURRENCE WITH MOTION TO
CONSOLIDATE
AND NOW, this 8t' day of January, 2007, comes Stephen G. Boore, by and
through his attorney, Joseph D. Buckley, Esquire, and hereby notifies the Court that he has
no objection to the Motion of David M. Hassine to consolidate the many actions involving
said Mr. Hassine and likewise desires this matter be placed on a fast track for'either a
prompt trial or other resolution..
D. Bdckle+ZEsauire
Court I.D. 4 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
JroeBLaw@aol.com
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing Concurrence with Motion to
Consolidate was duly served by prepaid first class United States Mail on the following
persons:
Rolf E. Kroll, Esquire
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
Shaun J. Mumford, Esquire
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
Joseph T. Sucec, Esquire
325 Peach Glen-Idaville Road
Gardners, PA 17324
Date: - , CJ 7
/ os D. Buckle Esquire
Attorney for Plaintiff
?. ? .v ?`
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tw '"?.'
DAVID M. HASSINE,
Plaintiff,
V.
CAPITAL CITY CAB COMPANY,
a/k/a CAPITAL CITY CAB :
SERVICE, INC., and JAMES P. :
ZULLI,
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-6084
CIVIL ACTION LAW
JURY TRIAL DEMANDED
STEPHEN G. BOORE,
Plaintiff
V.
CAPITAL CITY CAB CO.,
Defendant
DAVID M. HASSINE, :
Additional Defendant:
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 04-1117
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
CAPITAL CITY CAB CO. COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
VS. NO. 03-3501
DAVID M. HASSINE CIVIL ACTION-LAW
Defendant JURY TRIAL DEMANDED
ORDER
AND NOW, on this day of X4_1 , 2007, upon
7
consideration of the Petition to Make Rule Absolute filed by David M. Hassine, IT IS HEREBY
ORDERED AND DECREED that the Rule issued by this Court on December 29, 2006, is hereby
made absolute. As such, the Court directs that the above-captioned matters be consolidated for
purposes of discovery and trial.
?1
oh/
BY THE COURT:
R
CF TFI= -
2053 rD' --8 M 12. 58
CAPITAL CITY CAB CO. COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
VS. NO. 03-3501
DAVID M. HASSINE CIVIL ACTION-LAW
Defendant JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Shaun J. Mumford, Esquire, counsel for the Plaintiff, David M. Hassine, in the above
consolidated action respectfully represents that the consolidated action is at issue and that all of the
parties' claims are below the compulsory arbitration limit in Cumberland County.
The following attorneys are interested in the case as counsel or are otherwise disqualified
to sit as arbitrators:
Joseph Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
Joseph T. Sucek, Esquire
325 Peach Glen-Idaville Road
Gardners, PA 17324
WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators
to whom the case shall be submitted.
Respectfully submi
Date: S? Zv o7
Shaun rd
ID# 84176
Margolis Edels
3 510 Trindle ad
Camp Hill, PA 17011
Attorney for Plaintiff, David Hassine
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel
of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class
postage prepaid, on the 22" day of A L-4j, , 2007, and addressed as follows:
Joseph Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
Joseph T. Sucek, Esquire
325 Peach Glen-Idaville Road
Gardners, PA 17324
MARGOLIS EDELSTEIN
By:
Carol Moose
7c?- ?- ?
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63 '3501 Ci V
ORDER OF COURT
AND NOW, this Jf-- day of 04,? , 2007, in
consideration of the foregoing petition, P-A.?..?.? 6
Esquire, and J,0-n,U,ar 0• t.(,iL4"AG4 , Esquire, and
--?ajka'x C. W
, Esquire, are appointed arbitrators in the
above-captioned action as prayed for.
By the ourt: '12?
w%I00
JUDGE
M:Undir\l REK Indiv Clients\70000.4-00015\plead\Praecipe for Arbitration.5-22-07.wpd
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Ott $10s
ONO,
ROLF E. KROLL, ESQUIRE
Pa Supreme Court I.D. No. 47243
SHAUN J. MUMFORD, ESQUIRE
Pa Supreme Court I.D. No. 84176
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114
(717) 975-8124 [fax]
Direct Email: rlroll(dr)nwgolisedelstein.com
Attorneys for:
PLAINTIFF,
David M. Hassine
DAVID M. HASSINE,
Plaintiff,
V.
CAPITAL CITY CAB COMPANY,
a/k/a CAPITAL CITY CAB
SERVICE, INC., and JAMES P.
ZULLI,
Defendants.
STEPHEN G. BOORE,
Plaintiff
V.
CAPITAL CITY CAB CO.,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-6084
CIVIL ACTION LAW
JURY TRIAL DEMANDED
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 04-1117
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
DAVID M. HASSINE,
Additional Defendant:
I tot
CAPITAL CITY CAB CO.
Plaintiff
VS.
DAVID M. HASSINE
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-3501
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
PRAECIPE TO WITHDRAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please withdraw the Petition for Appointment of Arbitrators, in the above-captioned
matter.
Date: 12*_
Respectfully
Shaun J. M'umfc`d
ID# 84176
Margolis Edelstein
3510 Trindle Roa
Camp Hill, PA 17 11
Attorney for Plaintiff, David Hassine
M:\mdir\l REK indiv Clients\70000.4-00015\p1ead\M0ti0n to Withdraw Arbitration. 12-12-07.,a.pd
CERTIFICATE
I HEREBY CERT OF SER VICE
of record IFY that I served a true and
by placing the same in the correct copy of the
Postage Prepaid, on the ! 7 United States mail at C foregoing on all counsel
? day of ? ., AP Hill, Pennsylvania
2007, and ad ' first-class
Joseph Buckle addressed as follows.
1237 Y, Esquire
Holly Pike
Carlisle, PA 17013
Joseph T S uce
325 Peach Glen _ k' Esquire
n Idaville Road
Gardners, PA 17324
MARGOLIS EDELSTEJN
By: ?r
Carol Moose
n N
?
DAVID M. HASSINE, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
CAPITAL CITY CAB COMPANY,
a/k/a CAPITAL CITY CAB SERVICE,
INC., and JAMES P. ZULLI,
DEFENDANTS 04-6084 CIVIL TERM
STEPHEN G. BOORE,
PLAINTIFF
V.
CAPITAL CITY CAB CO,
DEFENDANT
DAVID M. HASSINE,
ADDITIONAL DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-1117 CIVIL TERM
CAPITAL CITY CAB CO,
PLAINTIFF
V.
DAVID M. HASSINE,
DEFENDANT
AND NOW, this
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 03-3501 CIVIL TERM
ORDER OF COURT
'4Z?? day of December, 2007, this court's order of
June 5, 2007, appointing a Board of Arbitrators in the above-captioned case, IS
VACATED. Charles Rector, Esquire, shall be paid the sum of $50.00.
Charles Rector, Esquire
Chairman
Shaun J. Mumford, Esquire
For David Hassine
Joseph Buckley, Esquire
Capital City Cab Co.
/Joseph T. Sucek, Esquire
For Stephen G. Boore
Court Administrator
C°Pies
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ROLF E. KROLL, ESQUIRE
Pa. Supreme Court I.D. No. 47243
SHAUN J. MUMFORD, ESQUIRE
Pa. Supreme Court I.D. No. 84176
MARGOLIS EnEI STEIN
3510 Trindle Road
Camp Hill, Pennsylvania 17011
Telephone: [717] 975-8114 Direct Dial: (717) 760-7502
Fax: [717] 975-8124
E-Mail: rkroll@margolisedelstein.com
Attorneys for Defendant:
DAVID M. HASSINE
L)AV11) M. HASSINE,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-6084
CAPITAL CITY CAB COMPANY, a/k/a
CAPITAL CITY CAB SERVICE, INC.,
and JAMES P. ZULLI,
Defendants. : JURY TRIAL DEMANDED
STEPHEN G. BOORS, . IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 04-1117
CAPITAL CITY CAB CO.,
Defendant,
DAVID M. HASSINE,
Additional Defendant.: JURY TRIAL DEMANDED
CAPITAL CITY CAB CO., : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
:NO. 03-3501
DAVID M. HASSINE,
Defendant. : JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please note of record that the address of Rolf E. Kroll, Esquire, Margolis
Edelstein, is now only 3510 Trindle Road, Camp Hill, PA 17011. The Harrisburg post
r-
office address for Margolis Edelstein is no longer in effect.
Respectfully submitted,
Date: D
MARGOL DELSTEIN
By
ROLF E. KROLL, ESQUIRE
PA Attorney I.D. #47243
SHAUN J. MUMFORD, ESQUIRE
PA Attorney I.D. #84176
Attorneys for Defendant,
DAVID M. HASSINE
3 510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114
-2-
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
PRAECIPE on all counsel of record by placing the same in the United States mail at
Camp Hill, Pennsylvania, first-class postage prepaid, on the/'??ay of
2008, and addressed as follows:
Joseph D. Buckley, Esquire
The Law Offices of Joseph D. Buckley
1237 Holly Pike
Carlisle, PA 17013
Joseph T. Sucec, Esquire
325 Peach Glen-Idaville Road
Gardners, PA 17324
MARGOLIS EDELST
By-
oAnn E. Nelson, Secretary
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C'a Cv.
V'j S. (0 k e.0
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Name (Chairmanj
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. O 1/- / / 1
Ott - &C)F I/
Civil Action - Law. 03 350(
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
(?4
Signature S' ature Signature
)6 ?4. Pt -e,+r k
Name
A A A &r::, Ot A4 - C
Law Firm Law It
)PAI (ci J-1334 rkof Sd
Address Address
S kJ ? R a 11 yJA l?dot
City, Zip 7? ] City, zip city, zip
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We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
/PI(tlae?tl Py sh
Name
De'We k &ksk I-u z 6,4
Law Firm
213 ?)' ?N al, k S}'
Address
Cu "t, I1S l ( /-IrT i 7( I
Date of Hearing• 1.2
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Date of Award: I Z - 23 fU
". WE
Notice of Entry of Award -be-C Now, the day of , 2, at 3 4L .M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: S .35D. a6
By.
Prothonotary
Deputy
. Arbitrator, dissents. (Insert name 11 applicable.)
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STEPHEN G. BOORE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CAPITAL CITY CAB
SERVICE, INC.
Defendant
NO. 04-1117 CIVIL TERM
vs.
DAVID M. HASSINE
Additional Defendant
DAVID M. HASSINE
Plaintiff
vs.
CAPITAL CITY CAB
COMPANY, a/k/a CAPITAL
CITY CAB SERVICE, INC.,
and JAMES P. ZULLI
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-6084 CIVIL TERM
CAPITAL CITY CAB CO
Plaintiff
vs.
DAVID M. HASSINE,
Defendant:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3501 CIVIL TERM
PRAECIPE FOR LISTING CASE FOR TRIAL
Appeal From Arbitration
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
The trial list will be called on August 23, 2011.
Trials commence on September 19, 2011.
Pretrials will be held on September 7, 2011 (Briefs are due five (5) days before pretrials.)
a? 2 5.w rd c&?-j
V4watoo-? 811
A f Joseph D. Buckley, Esquire, counsel for the plaintiff, Stephen G. Boore, in the above
action, will try the case and is filing this praecipe.
Joseph T. Sucec, Esquire of 325 Peach Glen-Idaville Road, Gardners, PA 17324 is
counsel for Capital City Cab Service, Inc. d/b/a Capital City Cab Company.
Shawn J. Mumford, Esquire of Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA
17011 is counsel for David M. Hassine.
Joseph T. Sucec, counsel for Defendant Capital City Cab Service, Inc. d/b/a Capital City
Cab Company had formerly filed an appeal from an award of the Board of Arbitrators
and therein requested a jury trial; however, Mr. Sucec has failed to list this matter for trial
as he promised.
Plaintiff requests a trial without a jury.
The case is ready for trial.
Respectfully submitted,
Date:-
Attorney Tor Ylamtitt
Supreme Court I.D.# 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
01
CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy of the foregoing Praecipe for
Listing Case for Trial was served via first class mail, postage prepaid, addressed as
follows:
Joseph T. Sucec, Esquire
325 Peach Glen-Idaville Road
Gardners, PA 17324
Shawn J. Mumford, Esquire
Margolis Edelstein
3 510 Trindle Road
Camp Hill, PA 17011
Date:^ i t,cr 1 , Zo
Attorney for Plaintiff
Supreme Court I.D.# 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
Ott
STEPHEN G. BOORE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 04-1117 CIVIL
CAPITAL CITY CAB
SERVICE, INC., rnW -,?
Defendant arn mar=
cnr
m
::Oct
VS. : ?
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=C) :z Fi
DAVID M. HASSINE, 5,c w am
Additional Defendant -' 4 C-3
DAVID M. HASSINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 04-6084 CIVIL
CAPITAL CITY CAB COMPANY,
a/k/a CAPITAL CITY CAB
SERVICE, INC., and JAMES P.
ZULLI,
Defendants
CAPITAL CITY CAB CO., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 03-3501 CIVIL ?
DAVID M. HASSINE,
Defendant
IN RE: NONJURY TRIAL
ORDER
AND NOW, this 2 1 ' day of June, 2011, a pretrial conference in the above-
A
captioned matters is set for Tuesday, July 14, 2011, at 10:00 a.m. in the Chambers of the
undersigned.
Joseph Buckley, Esquire
For Stephen G. Boore
Joseph T. Sucec, Esquire
For Capital City Cab Service
t/ Shaun J. Mumford, Esquire
For David M. Hassine
i/ Court Administrator
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BY THE COURT,
Kevi A. Hess, P. J.
i?eL
i
ORDER
AND NOW, this / 2 ` day of July, 2011, a pretrial conference in the above-
STEPHEN G. BOORE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW r-,
NO. 04-1117 CIVIL ``-
CAPITAL CITY CAB irn3 L =--q
SERVICE, INC., z= ? -o
Defendant
r4a r-
C
VS.
C-j
:
3
?1
O
C W t
DAVID M. HASSINE, ?-
Additional Defendant _
DAVID M. HASSINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
CAPITAL CITY CAB COMPANY,
a/k/a CAPITAL CITY CAB
SERVICE, INC., and JAMES P.
ZULLI,
Defendants
NO. 04-6084 CIVIL
CAPITAL CITY CAB CO., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 03-3501 CIVIL
DAVID M. HASSINE,
Defendant
captioned matters set for July 14, 2011, is continued to Tuesday, August 16, 2011, at 9:30 a.m. in
the Chambers of the undersigned.
BY THE COURT,
---;/ - /9 d
Kevi A. Hess, P. J.
/Joseph Buckley, Esquire
For Stephen G. Boore
'Joseph T. Sucec, Esquire
For Capital City Cab Service
Shaun J. Mumford, Esquire
For David M. Hassine
,/Court Administrator - i a VL
K?
pIG$
:rlm
STEPHEN G. BOORS,
Plaintiff
vs.
CAPITAL CITY CAB
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-1117 CIVIL
SERVICE, INC.,
Defendant
VS. ?
; -
DAVID M. HASSINE, ; n? - -,'
Additional Defendant
DAVID M. HASSINE,
Plaintiff
vs.
CAPITAL CITY CAB COMPANY,
Wa CAPITAL CITY CAB
SERVICE, INC., and JAMES P.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-6084 CIVIL
ZULLI,
Defendants
CAPITAL CITY CAB CO., : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 03-3501 CIVIL
DAVID M. HASSINE,
Defendant
ORDER
AND NOW, this !G day of August, 2011, following conference with counsel
in Chambers, trial without jury is set in this matter for Thursday, October 20, 2011, at 10:00
a.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Counsel should
file pretrial memoranda not less than six (6) days prior to the date of trial.
BY THE COURT,
Kevin . Hess, P. J.
Joseph Buckley, Esquire
For Stephen G. Boore
Joseph T. Sucec, Esquire
For Capital City Cab Service
Court Administrator
rlm
DAVID M. HASSINE,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 04-6084
CAPITAL CITY CAB COMPANY, a/k/a
CAPITAL CITY CAB SERVICE, INC.,
and JAMES P. ZULLI,
Defendants. : JURY TRIAL DEMANDED
STEPHEN G. BOORE, : IN THE COURT OF COMMON P:
Plaintiff, : CUMBERLAND COUNTY, PENN
CIVIL ACTION - LAW
V.
NO. 04-1117
CAPITAL CITY CAB CO.,
Defendant,
DAVID M. HASSINE,
Additional Defendant.: JURY TRIAL DEMANDED
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CAPITAL CITY CAB CO., : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
:NO. 03-3501
DAVID M. HASSINE,
Defendant. JURY TRIAL DEMANDED
ORDER
AND NOW, this Z -a9 day of , 2011, upon consideration of
the Stipulation to Dismiss executed by all c unsel of record, IT IS HEREBY ORDERED
AND DECREED that:
1. All claims, cross-claims or counterclaims asserted against David M.
Hassine in each of the aforementioned terms and actions are NOW AND HEREBY
DISMISSED WITH PREJUDICE;
2. All claims asserted by David Hassine against any of the Defendants herein
are NOW AND HEREBY DISMISSED WITH PREJUDICE; and
3. No further participation by David Hassine is required at any trial in any or
all of the above-referenced civil actions.
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BY THE OURT
4/
STEPHEN G. BOORE, IN THE COURT OF COMMON PLEAS OF c-, ? `=I
Plaintiff CUMBERLAND COUNTY
PENNSYLVA4
,
rn
-W
- rn?,
VS. CIVIL ACTION - LAW == -
NO. 04-1117 CIVIL ao CD
;
CAPITAL CITY CAB : {c C
SERVICE, INC., •
CDC)
Defendant " ?rTl
`
VS.
DAVID M. HASSINE,
Additional Defendant
DAVID M. HASSINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 04-6084 CIVIL
CAPITAL CITY CAB COMPANY,
a/k/a CAPITAL CITY CAB
SERVICE, INC., and JAMES P.
ZULLI,
Defendants
CAPITAL CITY CAB CO., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW /
NO. 03-3501 CIVIL
DAVID M. HASSINE,
Defendant
IN RE: VERDICT
ORDER
AND NOW, this /I? A day of November, 2011, following trial without a jury and
careful consideration of the testimony adduced, the Court finds in favor of the Plaintiff, Stephen
Boore, and against the defendant, Capital City Cab Service, in the amount of $3,056.00. This
sum represents the amount due as of April 22, 2003, together with an additional sixty (60) days
of storage. During said sixty-day period, it was apparent to the Plaintiff that the vehicle was
abandoned and reasonable steps could and should have been taken to mitigate damages.
BY THE COURT,
AHs
Kevin A,/Hess, P. J.
Joseph Buckley, Esquire O'"
For Stephen G. Boore 00pieS,
1'11$`1(
Joseph T. Sucec, Esquire 0
For Capital City Cab Service
Court Administrator - in
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