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HomeMy WebLinkAbout04-1117COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM -311G10Y Cumberland County DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT /n1 9th Judicial District COMMON PLEAS No.07/- fi if /7 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. Capital City Cab Service. Inc. 09-3-03 ADDRESS OF APPELLANT CITY STATE ZIP CODE 362 S. Front Street, Steelton, PA. 17113 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 2/26/04 Stephen Poore va Capital City Cab Service, Inc. CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR CV I4-n4 _ LT YEAR ? PL This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. If appellant was Claimant (see PA R.C.P.J.P. . This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Sgnarure orr Monotarr or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of torm to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Stephen Moore _ appellee(s), to file a complaint In this appeal Name of appellee(s) (Common Pleas No. U c/- / if /I ) within twenty (20) days after service of rule or?suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To Stephen Poore Name of appeilee(s) appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: /hoLI.? A0 , Year d ovy 'yyt pQ,? ?I Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy PrOth, - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;ss AFFIDAVIT: I hereby swear or affirm that I served El a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) _, year , Qby personal service ?by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name _ on year C] by personal service Q by (certified) (registered) mail, sender's receipt attached hereto. 13 and further that I served the Rule to rile a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year E] by personal service Fjby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature of AlTiant Signature or afiiciaf before whom affidavit was made Title of official My commission expires on , year i?COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No. 09-3-03 DJ Name: Hon. SUSAN R. DAY Address' 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA 7etepnone (717 486-7672 17065 ATTORNEY DEF PRIVATE : PETER B. FOSTER ESQ 121 SOUTH STREET HARRISBURG, PA 17101 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL. CASE NAME and ADDRESS FSTEPHEN BOORE - BOORE'S TOWING 30 WESTMINSTER DRIVE CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS FCAPITAL CITY CAB SERVICE, INC. 362 SOUTH FRONT STREET STEELTON, PA 17113 L Docket No.: CV-0000013-04 Date Filed: 1/13/04 DEFAULT JUD(sMRNT PLTF Judgment was entered for: (Name) RTEPHRN ROORF. - ROORR' R 'PnwTN(3 ® Judgment was entered against: (Name) CAPITAT, CTTY CAR SW.RVICR, TNC. in the amount of $ 6,194 50 on: (Date of Judgment) 2/26/04 Defendants are jointly and severally liable. 11 Damages will be assessed on: 7 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 6127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date & Time) Amount of Judgment $ 6,261.00 Judgment Costs $ 133.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 6,394.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ;W,v-0 Date District Justice I certify that this is a true n opy of the reco?d of th proceedings containing the judgment. Date My commission expires first Monday of January, 2004 . District Justice SEAL I AOPC 315-03 DATE PRINTED: 2/27/04 9:03:59 AM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTYOF rmn hprland ;ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. 04-1117 C lvi.l Term , upon the District Justice designated therein on (date of service) March 18 , year 2004 , E] by personal service *y (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name Stephen Boore , on March 19 , year _ 2004 , C3 by personal service *y (certified) (registered) mail, sender's receipt attached hereto. Kendfurther that 1 served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on March 19 , year 2004 E] by personal service 1by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ^ THIS 2 DAY OF "7-, c) , YEAR SgnaNre olAefanf dinar of oMcW bet" whom alyda4W s made A Me of allblal My commission expires on year rn? Ln L RIM, Nz, : tv a. ;_`- COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM Cuar1l)a:rkfrc (,obun. DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT i T_1 J u l e J; 'Js r COMMON PLEAS No. Q NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT Capit?"' Citr Cab ADDRESS OF APPELLANT 30.- S. rrcri-c ,tr- er, PA. DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) CLAIM NO. CV YEAR CV I 1-i)4 LT YEAR MAG. DIST. NO. OR NAME OF D.J, 1 •'`340-CG CITY STATE ZIP CODE (DEFENDANT) vs. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT a This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10086. This notice of Appeal, when received by the District Justice, will operate as No. 1007(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT'wlthin twenty (20) days after filing his NOTICE of APPEAL. S,gnafum of Protharotary or Deputy i L r PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE, TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA' R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be serve&upbn appellee PRAECIPE: To Prothonotary Enter rule upon Stephen 1..oore appellee(s), to file a complaint in this appeal Name of appeUee(s) (Common Pleas No. J) I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature o(appellant or his attorney or agent RULE: To StopberI floore appellee(s) Name of appellee(e) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal withirt4wenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 7)n.u1 Year ) ''' t/ l 1 r r bx - y . Sfgnatumof Prothonotary?or Deputy White - Prothonotary Copy Green - Court File Copy Yellow Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 ¦ Complete Rams 1, 2, and 3. Also complete item 4 H Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: QIS 1c+ 3wJlc2 Suson K. J 9,q M o s+ . A. Writ re L Addressee 81?`.se` A4 f C. Data of pefiven, D, is deli ?aryaddress Ad(ent from itern N -G-Yej If Y enter delivery address below: ? No bod ?LII \ J `'1C?lD ? 3. Service Type )fif Certified Mal 13 Express Mail O Registered ? Return Receipt for Merchandise O Insured Mail 13 C.O.D. Restricted Delivery? (Extra Fee) ? yes 2. ArWe Number (Trensler from service isbe!) 10007 ob 0 ho ? qt 5(q 60 . PS Form 3811, August 2001 Domestic Return Receipt 102565.02-M-1640 tM U1181fir • Complete items 1, 2, and 3. Also complety ' A. Signature item 4 R Restricted Delivery is desired. ? Agent X • Print your name and address on the revmse ? Addressee so that we can return the card to you. ¦ Attach this card to the back of the mallpiecp, & by (Printed Name) Date of Delivery -.:j d p ,.? I or on the front if space permits ? to ( o I'mo' ?T . IV, 7. Artbc7e Addressed to: *- D. IS delivery address different from Ram 1? ? Yes if YES, enter delivery address below: ? No 3? t?.a25-l-rntnS? ?c'iJ? col Ste , ate ' ?. serve me )Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? insured mail ? O.oA. 4. Restricted Delivery? ODdre Fee) 17 Yes 2. ArtiCeerNumber from 7001 1140 0000 9828 2816 {trerufm from service labep PS Form 3811, August 2001 Dam - c atum Receipt 102595,02-M-1540 STEPHEN G. BOORE : IN THE COURT OF COMMON PLEASE OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CAPITAL CITY CAB NO. 04-1117 CIVIL TERM SERVICE, INC. Defendant IMPORTANT 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 days (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 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 32 S. Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 STEPHEN G. BOORE : IN THE COURT OF COMMON PLEASE OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW CAPITAL CITY CAB NO. 04-1117 CIVIL TERM SERVICE, INC. Defendant COMPLAINT AND NOW, this 7th day of April, 2004, March comes Plaintiff, by and through his attorney, Joseph D. Buckley, Esquire and brings this Complaint against Defendant based on the following: 1. The plaintiff is Stephen Boore, residing in Mt. Holly Springs, Cumberland County, PA. 2. Plaintiff is the owner and operator of Boore's Towing with offices located at 30 Westminster Drive, Carlisle, Cumberland County, PA 17013. 3. The defendant is Capital City Cab Service, Inc., a. Pennsylvania corporation, also known as Capital City Taxi and/or Capital Cab, with offices located at 362 S. Front Street Steelton, PA 17113. 4. Defendant operates a taxi service in the greater Harrisburg area. 5. On December 5, 2002, Plaintiff was called to the scene of an automobile accident occurring at thee intersection of High Street and Moreland Avenue in the Borough of Carlisle by the Carlisle Police Department. 6. A 1996 Dodge Intrepet, PA title Number 499132401, Vehicle Identification Number 2B3HD46FXTH29623, registered to Capital Cab 363 South Front Street, Steelton, PA 17113 and designated as Unit 104 of Defendant's taxi fleet was involved in the accident. 7. Defendant through its driver was directed to remove its vehicle from the accident scene by the Carlisle Police because it was blocking the highway. Defendant's taxicab could not be driven from the scene. 8. Plaintiff was contacted by the Carlisle Police and requested come to the scene of the accident for a vehicle removal. 9. Plaintiff arrived on the scene and spoke to Defendant's taxi driver and was requested to remove the vehicle from the scene and place the vehicle in secure storage. 10. Defendant's taxi driver was given Plaintiffs name, address and telephone number and directions to Plaintiffs storage area. 11. As requested, Plaintiff removed Defendant's vehicle to his location, placed the vehicle in a secure storage area and issued a bill to Defendant in the amount of $126.00 plus $15.00 a day for the secure store. 12. Plaintiff repeated telephoned Defendant and request it pay the towing bill and the storage and retrieve its vehicle. 13. Although Defendant assured Plaintiff that it would pay the bill and storage fees, Defendant refused to pay its bill and charges and to remove its vehicle. 14. Plaintiff was forced to bring an action against Defendant before the District Justice and incurred costs $133.50 for the filing and service of the same. 15. Defendant refuses to pay any of Plaintiffs towing bill and storage fees or the costs of the action before the District Justice. 16. Secure storage fees continue to accrue at the rate of $15.00 and at the time of the filing of this complaint 464 days of storage had accrued. WHEREFORE, Plaintiff requests this Honorable Court enter a judgment against Defendant and in favor of Plaintiff for its breach of contract in the amount of in the amount of $7219.00 together with an amount equal to the sum of $15.00 times the number of additional days following the filing of this action until the date of judgment or the date Defendant removes its vehicle from Plaintiffs secure storage location, and any other amount the Court deems fair and just. 1}h D. B"ckl , Esquire reme Court .# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 VERIFICATION I, Stephen Boore, Plaintiff, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge and belief. I understand that the statement made herein are subject to the penalties of Title 18 Section 4904 relating to unsworn falsifications to authorities. Date: April 7, 2004 --- Stephen Boore CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Complaint was duly served by prepaid first class United States Mail on the following person: Peter B. Foster, Esquire 121 South Front Street Harrisburg, PA 17101 Date: q- ?- O y N C.. cn .S' ,J 1 CD J ?l '7n ;n STEPHEN G. BOORE, Plaintiff VS. CAPITAL CITY CAB SERVICE, INC. Defendant DAVID M. HASSINE, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1117 CIVIL TERM CIVIL ACTION - LAW 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. COURT ADMINISTRATOR 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defendese de estas dernandasL2 expuestas en las paginas siguintes, usted liene viente (20) dias de plazo al partir de la fecha 4e la demanda y la notificacion. Usted debe presentar una apariencia a o en persona o pox abogado y archivar en la corte en forma escrita sus defeensas o sus objeciones a las demandas ent-ontr°ade su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede ektratZma orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus preopedades o otros derechos importantes para usted. STEPHEN G. BOORE, Plaintiff VS. CAPITAL CITY CAB SERVICE, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1117 CIVIL TERM DAVID M. HASSINE, Additional Defendant CIVIL ACTION - LAW COMPLAINT OF CAPITAL CITY CAB SERVICE, INC. AGAINST ADDITIONAL DEFENDANT DAVID M.HASSINE Additional Defendant David M. Hassine is an adult individual with an address of 29 Stonehouse Drive, Whitehouse Station, New Jersey 08889. 2. Plaintiff instituted this action against Defendant Capital City claiming breach of contract for towing and storage charges of Defendant's vehicle as a result of an accident on or about December 5, 2002 in Carlisle, PA. in which Defendant Capital City's vehicle was damaged. Defendant Capital City claims that Additional Defendant David M. Hassine caused said accident and the damage to Defendant Capital City's taxicab and, therefore, is liable for the claimed towing and storage charges for Defendant Capital City's taxicab submitted by Plaintiff. 4. On or about December 5, 2002, Defendant Capital City was the owner of a 1996 red Dodge Sedan which was involved in said accident. On the aforesaid date, Additional Defendant David M. Hassine was the operator of a blue 2001 Mercedes S. U. V. which was involved in the accident in question. 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. COURT ADMINISTRATOR 4th Floor I Courthouse Square Carlisle, PA 17013 (717) 240-6200 significant damage to its motor vehicle and said vehicle is a total loss as a result of Additional Defendant's negligence. 12. It was foreseeable that the Additional Defendant in acting negligently as set forth in the previous Paragraphs of this Complaint would cause extensive damage to Defendant Capital City's taxicab such that it would have to be towed from the scene and stored at Plaintiff's garage for an extended period of time causing substantial storage charges. 13. As a direct and proximate result of the aforesaid negligent acts by the Additional Defendant, the towing and storage charges, complained of in Plaintiff's Complaint, were incurred. 14. If it is judicially determined that Defendant is liable for the towing and storage charges complained of by Plaintiff, then it is averred that Additional Defendant David M. Hassine is responsible in that said Additional Defendant was negligent is causing the accident which damaged Defendant's taxicab, as previously indicated in this Complaint, and it was foreseeable that towing and storage charges would be incurred for Defendant's taxicab as a result of said negligent acts and that as such, the Additional Defendant is liable to the Plaintiff for the towing and storage charges suffered by the Plaintiff, or is liable over to Defendant for indemnification and/or contribution, any and all liability on the part of the Defendant being expressly denied. WHEREFORE, Defendant Capital City Cab Service, Inc;. demands: 1. Judgement in its favor together with costs; 2. Judgement that if there is any liability to Plaintiff Additional Defendant David M. Hassine is solely liable to Plaintiff. In the event that a verdict if recovered by Plaintiff against Defendant Capital City 6. On the aforesaid date, at approximately 8:30 P.M. Defendant Capital City's vehicle was being driven by James P. Zulli in a westerly direction on West High Street, Carlisle, Cumberland County, Pennsylvania at the intersection with Moreland Street in Carlisle. West High Street at said location has two westbound lanes and Defendant Capital City's vehicle was being operated in the inner lanes at said location at said time. 8. At said time and place Additional Defendant David M. Hassine, without warning, negligently turned his vehicle in front of Plaintifrs vehicle in the inner lane of travel of West High St., causing the two vehicles to collide and causing significant damage to Plaintiff's vehicle. 9. The accident was directly and proximately caused by the negligence and carelessness of the Additional Defendant, which consisted, among other negligent acts by the Additional Defendant, of the following: a) Operating his motor vehicle in a careless., reckless and negligent manner; b) Turning his motor vehicle in front of Defendant Capital City's vehicle in Defendant Capital City's lane of travel. C) Failing to have his motor vehicle under proper control so as to prevent his vehicle from striking Defendant capital City's 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 of Additional Defendant's negligence, Defendant Capital City sustained that Defendant may have judgement over and against Additional Defendant David M. Hassine by way of indemnification and/or contribution for the amount recovered by Plaintiff against Defendant, together with costs. April 20, 2004 1Le P) ` Peter B. Foster Attorney for Defendant Pinskey & Foster 121 South Street Harrisburg, PA. 17101 (717) 234-9321 03/02/1994 17:25 7172347832 PINSKEV & FOSTER YERMICATION PAGE 08 AYal Salam, President of Capital City Cab Service, Inc., hereby verifies that the Mlb [trade in the foregoing Compliant arc true and comect to the best of my knowledge. otlMln and belief f understand that Use statements herein made are subject to the of It 0A; C.S. Section 4904 relative to unworn falsification to authorities. April rreftaent, c tal City Cab Service, Inc. CERTIFICATE OF SERVICE I hereby certify that on this date I served a copy of the foregoing Complaint on the Plaintiff and the Additional Defendant by mailing said copies by U.S. Mail at Harrisburg, PA. to the Attorneys for the Plaintiff and the Additional Defendants at the following addresses: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA. 17013 Attorney for Plaintiff Rolf E. Kroll, Esquire P.O. Box 932 Harrisburg, PA. 17108-0932 April 20, 2004 & Peter B. Foster Attorney for Defendant STEPHEN G. BOORE, Plaintiff VS. CAPITAL CITY CAB SERVICE, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1117 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD To: Stephen G. Boore You are hereby notified to plead to the within Answer with New Matter within twenty (20) days from the date of service hereof or a default judgment or dismissal of this Complaint may be entered against you. April 21, 2004 Peter B. Foster, Esq. Attorney for Defendant Pinskey & Foster 121 South Street Harrisburg, PA 17101 (717) 234-9321 STEPHEN G. BOORE, Plaintiff VS. CAPITAL CITY CAB SERVICE, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1117 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S ANSWER TO COMPLAINT WITH A NEW MATTER AND NOW, this 20th day of April, 2004, comes Defendant, Capital City Cab Service, Inc. by its attorney, Peter B. Foster, Esquire, and answers Plaintiff s Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. Denied that Defendant through its driver was directed to remove its vehicle from the accident scene by the Carlisle Police because it was blocking the highway. Defendant has to knowledge of the truth or falsity of said averment and strict proof thereof is demanded at trial. Admitted that Defendant's taxicab could not be driven from the scene. 8. Admitted. 9. Denied. Defendant has to knowledge of the truth or falsity of said averment and strict proof thereof is demanded at trial. 10. Denied. Defendant has to knowledge of the truth. or falsity of said averment and strict proof thereof is demanded at trial. 11. Admitted in part and denied in part. Admitted that as requested, Plaintiff removed Defendant's vehicle to his location, placed the vehicle in a secure storage area and issued a bill to Defendant in the amount of $126.00 plus $15.00 a day for the storage. Denied that said towing and storage bill is reasonable. On the contrary said towing and .storage bill is unreasonable. 12. Denied. It is denied that Plaintiff repeatedly telephoned Defendant and requested it pay the towing bill and the storage bill and retrieve its vehicle. On the contrary Plaintiff did not telephone Defendant and request that it pay the towing bill and the storage bill and retrieve its vehicle. 13. Admitted in part and denied in part. It is denied that Defendant assured Plaintiff that it would pay the towing bill and storage fees. On the contrary Defendant did not assure Plaintiff that it would pay the bill and storage fees. Admitted that Defendant did not pay Plaintiff's bill and charges and remove its vehicle. 14. Admitted. 15. Admitted. 16. Admitted. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiffs Complaint. DEFENDANT'S NEW MATTER TO PLAINT]FF'S COMPLAINT AND NOW, this 20th day of April, 2004, comes Defendant Capital City Cab Service, Inc. by its attorney, Peter B. Foster, Esquire, and submits New Matter to Plaintiffs Complaint, as follows: 17. Defendant incorporates by reference Paragraphs 1-16 of its Answer as if said averments were fully set forth at length herein. 18. Plaintiffs damage claim of $126.00 for a towing fee and $15.00 per day for storage fees for 464 days are unnecessarily high and unreasonable. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiffs Complaint. April 20, 2004 Peter B. Foster Attorney for Defendant Pinskey & Foster 121 South St. Harrisburg, PA. 17101 (717) 234-9321 03/62/1994 00:36 7172347832 PIFFSKEY & FOSTER PAGE 65 VE ICALN 11, Ayal Salem, President of Capital City Cab Service, Inc., hereby verify that the stab trade in the foregoing Reply to New Matter are tntc and correct to best of my knowh, information and belief. I understand that false statements herein made are subject to ??i the Perms of 1$ PA. C.S. Section 4904 relative to unsworn falsification to authorities. i April ,1W Capital City fab Service. Inc. CERTIFICATE OF SERVICE I hereby certify that on this date, April 20, 2004, I served a copy of the foregoing Answer with New Matter on the Plaintiff by mailing said U.S. Mail at Harrisburg, PA., to the Attorney for Plaintiff at the following address: Joseph D. Buckley, Esq. 1237 Holly Pike Carlisle, PA. 17013 April 20, 2004 Peter B. Foster Attorney for Defendant STEPHEN G. BOORE : IN THE COURT OF COMMON PLEASE OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW CAPITAL CITY CAB NO. 04-1117 CIVIL TERM SERVICE, INC. Defendant REPLY TO NEW MATTER AND NOW, this 6th day of May, 2004, comes Plaintiff, by and through his attorney, Joseph D. Buckley, Esquire and replies to Defendant's New Matter as follows: 18. Defendant's averment in the New Matter is a legal conclusion to which no response is required. If it is determined that the averment contains factual assertions, specific proof thereof is hereby demanded. WHEREFORE, Plaintiff requests this Honorable Court enter a judgment against Defendant and in favor of Plaintiff for its breach of contract in the amount of $7219.00 together with an amount equal to the sum of $15.00 times the number of additional days following the filing of this action until the date of judgment or the date Defendant removes its vehicle from Plaintiffs secure storage location, and any other amount the Court deems fair and just. 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Reply to New Matter was duly served by prepaid first class United States Mail on the following person: Peter B. Foster, Esquire 121 South Front Street Harrisburg, PA 17101 Date: 7, Z05y r7 r? ?'?rt K--: t .-1 t? " ? ? C ? r'. ?' ? '? ?ti C> C7 =- C ??ri : . " ..? yc_ ? ri -? N ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717[975-5114 Fax: 17171975-8124 E-Mail: rkroll@margolisedelstein.com Attorney for Additional Defendant: DAVID M. HASSINE STEPHEN G. BOORE, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CAPITOL CITY CAB SERVICE, INC., Defendant, NO. 04-1117 - CIVIL TERM V. DAVID M. HASSINE, JURY TRIAL DEMANDED Additional Defendant. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Additional Defendant David M. Hassine. Respectfully, ubmitted, MAI?Q91,14' EDELSTEIN, By: A-vu n. ntnlll, !:squire Supreme Court ID No. 47243 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 (fax) Attorney for Additional Defendant David M. Hassine CERTIFICATE OF SERVICE I, Corinne N. Driver, 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 ! !g ' day of-j t? 2004, byplacing the same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Joseph Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Peter B. Foster, Esquire Pinskey & Foster, Esquire 121 South Street Harrisburg, PA 17101 r Corinne N. Driver +?' ?> a r) ?_? =rt C s ..-? c_. h7 n , S(%phe?' 61 &love IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. Docket No. d? -111-7 0 ?t l CAPITAL CITY CAB SERVICE, defendant NOTICE OF APPEARANCE I hereby notify this court and all interested parties of my appearance as counsel in the above case Respectfully submitted, Date: ?/ A: Jos h (ID # 74482) Attorney for Defendant 325 Peach Glen-Idaville Road Gardners, PA 17324 (717)677-9284 joesucec@paoniiiie.com Page 1 ? K'1'lr'1CH'1'E Ur' JER IUE I do hereby certify that on this 26th day, April 2005, that I served a true and correct copy of: Notice of Appearance In Sthen G Boore V Capital City Cab Company on the follo - inq : Zoo4 - c V (?17 Joseph Buckley, Esq l a7 aally Pike Carlisle, PA 17013 Service was by First-class mai STEPHEN G. BOORE, Plaintiff v. CAPITAL CITY CAB SERVICE, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1117 CIVIL CIVIL ACTION - LAW PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for the Defendant, 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 Parties 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 Defendant 325 Peach Glen - Idaville Road Gardners, PA 17324 Joseph D. Buckley, Esquire Attorney for Plaintiff 1237 Holly Pike Carlisle, PA. 17013 May 17, 2005 Peter B. Foster, Esquire S., 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, Pennsylvania 17011 Kroll Direct: [717] 760-7502 Mumford Direct: [7171760-7505 General Firm: [7171975-8114 Firm Fax: [7171 975-8124 Kroll E-Mail: rkroll(dmargolisedelstein.com Attorney for Additional Defendant: Mumford E-Mail: smumford(a'?maraolisedelstein.com DAVID M. HASSINE STEPHEN G. BOORE, I IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CAPITOL CITY CAB SERVICE, INC., Defendant, VS. CIVIL ACTION - LAW DOCKET NO. 04-1117 - CIVIL TERM DAVID M. HASSINE, Additional Defendant. JURY TRIAL DEMANDED AND NOW, comes Additional Defendant, David M. Hassine ("Mr. Hassine"), by and through his counsel, Margolis Edelstein, to answer the Joinder Complaint of Defendant, Capitol City Cab Service, Inc. ("Capitol City"), and avers the following in support thereof: 1. Admitted in part and denied in part. It is admitted that Mr. Hassine is an adult individual, however it is denied that his current address is 29 Stonehouse Drive, Whitehouse Station, New Jersey 08889. Mr. Hassine's current address is 509 Scarlett Lane, Apt. 824, Lansing, MI 48917. 2. Admitted. 3. Denied. It is specifically denied that Mr. Hassine caused the accident which occurred on or about December 5, 2002, in Carlisle, Pennsylvania, in which Capitol City's cab was damaged, or that Mr. Hassine is liable for the claimed towing and storage charges for Capitol City's cab submitted by Plaintiff, Stephen G. Boore (`Plaintiff") 4. Admitted upon information and belief. 5-6. Admitted. 7. Denied. This averment is denied generally pursuant to Pa. R.C.P. No. 1029(e). 8. Denied. It is specifically denied that Mr. Hassine negligently operated his vehicle in any manner or was the cause of the collision with Capitol City's cab. 9. Denied. It is specifically denied that Mr. Hassine was in any way negligent or careless or that his actions were the direct and proximate cause of the subject motor vehicle accident. 10. Denied. In fact, James P. Zulli operated the Capitol City cab in a careless, reckless and negligent manner and was the direct and proximate cause of the subject motor vehicle accident. 11. Denied. It is specifically denied that Mr. Hassine was in any way negligent or that his actions in any way caused the damage to Capitol City's cab. -2- 12-14. Denied. It is denied that Mr. Hassine was in any way negligent or was the cause of the damage to Capitol City's cab. It is further denied that Mr. Hassine was the cause of Capitol City's cab needing to be towed from the scene or stored at Plaintiff's garage for an extended period of time causing storage charges. WHEREFORE, Additional Defendant, David M. Hassine, demands judgment in his favor and against Defendant, Capitol City Cab Service, Inc. NEW MATTER 15. Paragraphs 1 through 14 hereof are incorporated herein by reference as if set forth in their entirety. 16. Defendant has failed to state a claim upon which relief can be granted. 17. Defendant's claims are barred by the doctrines of contributory and comparative negligence. 18. Defendants's claims are barred by the doctrine of assumption of risk. 19. Mr. Hassine, was confronted with a sudden emergency not of his own creation, to which he responded reasonably under the circumstances. 20. Defendant's claims are barred by the applicable statute of limitations. 21. Defendant'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 seq., as amended. 22. To the extent that Defendant sustained any damage as alleged in Defendant's Joinder Complaint, which is specifically denied, Mr. Hassine avers that any -3- such damage was a result of the acts or omissions of third parties for whom Mr. Hassine is in no way liable. 23. To the extent that Defendant sustained any damages as claimed in the joinder Complaint, Mr, Hassine in no way negligently or otherwise caused or contributed to cause any such damages. 24. Defendant, through the negligence of its agent or employee, James P. Zulli, was the cause of the motor vehicle accident in question. 25. James P. Zulli, Defendant's 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 Mr. Hassine; 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. 26. Defendant has failed to mitigate its damages. WHEREFORE, Additional Defendant, David M. Hassine, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Capitol City Cab Services, Inc. -4- Respectfully submitted, By: MARGOLIS EDILSTEIN ?uire Attorney I.D/ 47243 Shaun J. Mu ford, Esquire Attorney I.D. # 84176 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Attorneys for Additional Defendant NI:\mdir\1 Beacon\62200.4-00001\B ore v. CCC. Hassine0..ds 04-1112UTASSINE ANbf TO QVITOL JOINDER COMPLAINT.vpd -5- VERIFICATION I, David M. Hassine, state that I have read the foregoing Answer and New Matter, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of IS Pa.C.S.A. § 4904, relating to unswo n faisificwijou iv authu,ities. Date: 1 1 Z j Z00 David M. Hassine Boore v. Hassine CERTIFICATE OF SERVICE I am 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 A day of LW_Lj -, 006, by placing the same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Joseph Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Peter B. Foster, Esquire Pinskey & Foster, Esquire 121 South Street Harrisburg, PA 17101 1 Carol Moose C_J "1 'J I STEPHEN G. BOORE, Plaintiff VS. CAPITAL CITY CAB SERVICE, INC., Defendant V5. DAVID M. HASSINE, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 04-1117 - CIVIL TERM JURY TRIAL DEMANDED REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT AND NOW, this 7th day of February, 2006, comes Plaintiff, by and through his attorney, Joseph D. Buckley, Esquire, and replies to New Matter of Additional Defendant as follows: 15. - 26. Plaintiff is unable to ascertain the truth of falsity of these averments and therefore demands specific proof thereof. WHEREFORE, Plaintiff prays this Court enter a judgment in his favor against the Defendant. J q D. Buckleyl- tlreme Court 1. 1'. 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com VERIFICATION The undersigned, Stephen G. Boore, hereby swears or affirms that the statements made in the foregoing Reply to New Matter of Additional Defendant are true and correct to the best of his knowledge, information and belief. I understand that statements made herein are subject to the penalties set forth in 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: St phe G. Boore CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Reply to New Matter 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 Peter B. Foster, Esquire 121 South Front Street Harrisburg, PA 17101 Joseph T. Sucec, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 Date: Z-W, 0(o riuorney ror riamuu (? - Al t s Cp r 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 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 NO. 03-3501 CIVIL ACTION-LAW JURY TRIAL DEMANDED I 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 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 I 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 I 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 I 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: By: MARGOLIS EDELSTEIN, Shaun`TWr d, Esquire Pa Supreme Wirt I.D. No. 84176 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Attorney for Plaintiff M:VWirll REK Indiv Clients170000.4-00015\plead\Motion to Consolidate.l 1-12-06.wpd 5 I 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 1? day of "T"VC"X? 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 MARGOLIS EDELSTEIN By: (2 Carol Moose ?? !v c" C,C?rj _., ? r - --77 i-n } _7i 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, Plaintiff VS. CAPITAL CITY CAB CO., Defendant VS. DAVID M. HASSINE, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :;?IL ACTION - LAW O. 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 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, Hess, J. C 61:11 Nd £- NVr LOOZ AdVir,'X4C.)H OSd 3Hi JO 301J-. 0--03114 lr 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 8th 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.. 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@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: 7 C os D. Buckle Esquire Attorney for Plaintiff c m h FIN I- t } 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 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 NO. 03-3501 CIVIL ACTION-LAW JURY TRIAL DEMANDED ORDER AND NOW, on this day of , 2007, upon 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. BY THE COURT: J. 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(dmaraolisedelstein.com 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: Attorneys for: PLAINTIFF, David M. Hassine 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 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 ED Date: _ By: Shaun J. Pa Supreme Court . No. 84176 3510 Trindle Roa Camp Hill, PA 17011 (717) 975-8114 Attorney for Plaintiff M:\mdir\1 REK Indiv Clients\70000.4-OOO15\plead\Petition 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: _ a, V_ ?_" X, L Carol Moose 4 r 1 I { I 1 V I!q!yX3 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 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 ACTION - LAW NO. 03-3501 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, KevinA. Hess, J. 9 I!q!4X3 4?, oCWoo , 7`000,01 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 8 h 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. Bucklet/ Esquire ie Court I.D. # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@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: /-T-0 7 / C 40sD. Buckle Esquire Attorney for Plaintiff + } -.1 T " , i1 MAY 072DOII/ 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: CAPITAL CITY CAB CO. Plaintiff VS. DAVID M. HASSINE Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1117 ? CIVIL ACTION-LAW JURY TRIAL DEMANDED COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3501 CIVIL ACTION-LAW JURY TRIAL DEMANDED LU e c...._ co 7 ? t Lt- 0 °-- N ORDER AND NOW, on this lh day of , 2007, upon U consideration of the Petition to Make Rule Absolute filed b avid 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. 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: rkrolMmaraolisedelstein.com 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: Attorneys for: PLAINTIFF, David M. Hassine 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 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. Date: S1 Zv o7 Respectfully rd" Shaun TTVIu;ad ID# 84176 Margolis Ede3 Trindle Camp Hill, PA 17011 Attorney for Plaintiff, David Hassine 4W '%i 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 ;?Z 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 ? ? Q ? r.? r i?.::J --F ?? . ?? ,.. ??? "? ? ? ?1 V f^t,? ,? r ??? t.? `??) ?! l?? ? "?.. a.4ft oq-rll.r CvjI ORDER OF COURT AND NOW, this day of , 2007, in consideration of the foregoing petition, No,/LL at'bL Esquire, and ®q , Esquire, and . Esquire, are appointed arbitrators in the above-captioned action as prayed for. By ourt: WA?C v' ' JUDGE M:\mdir\1 REK Indiv Clients170000.4-00015\plead\Praecipe for Arbitration.5-22-07.wpd 4 4 IL ., t, 0 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CAPITAL CITY CAB CO, DEFENDANT DAVID M. HASSINE, ADDITIONAL DEFENDANT : 04-1117 CIVIL TERM CAPITAL CITY CAB CO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID M. HASSINE, DEFENDANT 03-3501 CIVIL TERM ORDER OF COURT AND NOW, this 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. `1 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 Copies OK8 sal CL. CA- !"4 L 10 Id 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, 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 1JAVlll M. HASSINE, V. IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, Defendants. DAVID M. HASSINE, Defendant. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: NO. 04-6084 JURY TRIAL DEMANDED STEPHEN G. BOORE, : 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 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 office address for Margolis Edelstein is no longer in effect. Respectfully submitted, Date: 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 3510 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 th%r',2Kay 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 oAnn E. Nelson, Secretary 2 r j"µ C- A p 77 ko C STEPHEN G. BOORE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CAPITAL CITY CAB NO. 04-1117 CIVIL TERM r SERVICE, INC. Defendant 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 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: Joseph D. Buckley, Esquire, counsel for the plaintiff, Stephen G. Boore, in the above action, respectfully represents that: 1. The above captioned action is at issue. 2. The claim of the plaintiff in the action is $33,120.00, plus costs of $133.50, and $15.00 per diem following date of this filing. 3. The claim of the defendant in the action is value of vehicle plus any towing and storage costs, together with loss of use, all not in excess of $50,000.00. 4. The claim of additional defendant is personal injury as against the defendant, not in excess of $35.000.00. The following attorney is interested in the case or is otherwise disqualified to sit as arbitrator: None WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 1 2 - z z- C1 Respectfully submitted, CERTIFICATE OF SERVICE It is hereby certified that a true and correct copy of the foregoing Petition 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 3510 Trindle Road Camp Hill, PA 17011 Datej Z - 2-Z - ebw Supreme Court I.D.# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 '1 ?P r?? P"? h,w. ?- 3 +7 f , y...? t i r ?S ` f'" ?... ?\.} 4-, vy ??'? f .s 7 ?~` ?` STEPHEN G. BOORE Plaintiff vs. CAPITAL CITY CAB SERVICE, INC. Defendant vs. DAVID M. HASSINE Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1117 CIVIL TERM DAVID M. HASSINE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 04-6084 CIVIL TERM 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. DAVID M. HASSINE, Defendant NO. 03-3501 CIVIL TERM ORDER OF COURT AND NOW, &gti/YicjgP = 3( , 2008, in considerati of the foregoing petition, squire, Esquire, and Esquire, are appointed arbitrators in the above captioned action as praye or. By the Court, J. p _ C4 Oct ?.- `j z cl p`=- cn t u-tr L.Lj r> r 1\ t t I.G.. v?"C Plaintiff C v, ,?? ??, ` C , Ca. CO. Ada Can,`,-0 C'k- ?Lc ep r A t-; yy\6?, 0, ?J 1/ r efendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. ©? / 7 ? -LL Gy - (OC r/ Civil Action - Law. 03 -- 3 S p f 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. N 04 d-? Signature S' tune Signature u _s Name (Cha' Law Firm Yy, 11- Address Name Law IlYnn X33( AfArkef s? Address (A I s - Q n ict PA 11011 City, lap City, zip In wfw f tI Py ku sh Name Dfihlek &kc6k Luuv 6YLVP Law Firm a 13 a m uv Address COOP /h /I IM )Ad city, zip 161 At /too a ;1, Award We, the un dersigned arbitrators, having been duly appointed and sworn (or aTa med), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Cad Date of Hearing: ? Z - U q Date of Award:___ 12- - 7-3 v! (Chairman) WMI Nodee of Entry of Award -bec Now, the day of , 2MI?_, at 3 jQ-.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' comper_sation to be paid upon appeal: $ „ 3S'D. ay 411A?. By: 11, '60y, Prothonotary Deputy . tuomator, amssmts. ?insen name lI appneaole.) 2U Eu?., J :?-?EY ?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. _l D rJ -`/ I 1-7 ?.h ; ?? , •?y f ?1 Civil Term Defendant • ? o NOTICE OF APPEAL tD FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTAR'<?. Notice is given that 6A I Gt appeals from the award oithe board of arbitrators entered in this case on I V_ 4O °f A jury trial is demanded / . (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (2) application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) A pellant or Attorney of Appellant Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. -n m Ja--qwk T Sa ce-c., 6,-5ce, -- 3)-'5 PAPA Ae- l A,140evsl )k- 1731 O t?) 3!5 IW? 13,Q a pd, (lei'll 6+r cc,; Sct-'CC '? d-3 3 7 r STEPHEN G. BOORE Plaintiff vs. CAPITAL CITY CAB SERVICE, INC. Defendant 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 CAPITAL CITY CAB CO Plaintiff vs. DAVID M. HASSINE, Defendant IN THE COURT OF COMMON PL E CUMBERLAND COUNTY PENNS AS OF Y , LVANIA 4:a / NO. 04-1117 CIVIL TERM ? s c-- `' - , cz l ;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 04-6084 CIVIL TERM 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?? Pd?1 VZWa(ca-? 8.1 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, Dater Supreme Court I.D.# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 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 3510 Trindle Road Camp Hill, PA 17011 Date:?? / y -e-r' t ( tALLUrney ror Flamtiff Supreme Court I.D.# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 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 C ? C) -n SERVICE, INC., vW -- C- i -n Defendant it Mrr- c , > tv ?o VS. {2: to --4o DAVID M. HASSINE =C) ZF5 Additional Defendant DAVID M. HASSINE, Plaintiff vs. CAPITAL CITY CAB COMPANY, aWa 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 IN RE: NONJURY TRIAL ORDER AND NOW, this 211 day of June, 2011, a pretrial conference in the above- 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 Shaun J. Mumford, Esquire For David M. Hassine i/ Court Administrator Am 0VP; t'S ?ytCtdd BY THE COURT, Kevi A. Hess, P. J. 4& STEPHEN G. BOORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW/ NO. 04-1117 CIVIL c C-N CAPITAL CITY CAB -v3 SERVICE, INC., a= r- ? Defendant ;D m o° N vs. C)-n x' C) )? 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 ORDER AND NOW, this day of July, 2011, a pretrial conference in the above- 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, Kevi A. Hess, P. J. ?Joseph Buckley, Esquire . I For Stephen G. Boore O w-l" Joseph T. Sucec, Esquire L%Pio dal l? For Capital City Cab Service Shau n J. Mumford, Esquire For David M. Hassine Court Administrator -in We :rim STEPHEN G. BOORE, Plaintiff vs. CAPITAL CITY CAB SERVICE, INC., Defendant vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI A CIVIL ACTION - LAW NO. 04-1117 CIVIL= - • . i ? 'y' V J Pn••' .... 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 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 4, u i? I ? Joseph T. Sucec, Esquire tl For Capital City Cab Service Court Administrator , in :rlm IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN BOORE, plaintiff V. 04-1117 CIVIL TERM CAPITAL CITY CAB SERVICE, defendant JURY TRIAL DEMANDED PRETRIAL MEMORANDUM OF DEFENDANT CAPITAL CITY CAB SERVICE Defendant Capital City Cab Service, through its attorney, Joseph T. Sucec, Esq, renders this Pretrial Memorandum as follows: I. STATEMENT OF FACTS On December 5, 2002, Plaintiff, an automobile towing operation, among other things, under contract to Carlisle borough, was requested by Carlisle Police Department to perform a tow at the intersection of West High Street and Mooreland Avenue subsequent to a traffic accident there. Damaged and non- drivable was Defendant's vehicle, a 1996 Dodge Sedan. Defendant had requested that the vehicle simply be removed to a safe location off the road surface while its in-house towing operation could be engaged and sent from its base in Steelton, PA. Despite this, the vehicle was towed to Plaintiffs place of business at 30 Westminster Drive, Carlisle, PA. There the vehicle was held in impound by Plaintiff for approximately eight and one half years, until an apparent action to salvage the vehicle occurred within the last 90 days. Defendant disagrees with Plaintiffs version of the facts, submitted in his memorandum August 11, 2011, as such: 1. Defendant disagrees that any promise was made by the now-deceased driver of the taxicab, James Zulli, as to payment for towing and storage. In fact, the tow was performed not with the consent of Capital City, but only under the orders of the Carlisle Police Department. 2. Defendant submits that, within one week of the accident from which the tow sprang, Zulli appeared at Plaintiffs place of business to retrieve the two-way taxi radio, the taxicab meter, and other personal items of his from the vehicle. Zulli made no promise, and was not authorized to make such a promise, on behalf of Capital City to pay, but delivered a copy of the signed title to Plaintiff As such, any "signature" made by Zulli was, at best, under similar duress. Nevertheless, Plaintiff made no effort to salvage the vehicle, and thereby mitigate damages, until the summer of 2011, just prior to his counsel's request that the matter be brought to trial. II. PRINCIPLE ISSUES Defendant maintains that Plaintiff is entitled to a reasonable tow fee and no more than thirty (30) days storage on the vehicle, as opposed to the growing five-figure damages it is seeking. The vehicle in question, just prior to the accident, was worth no more than one-tenth of the damages sought here. Plaintiff ignored his duty to mitigate. Therefore, liability, as such, is not at issue. However, the degree of same that the parties maintain is wildly different. Therefore, Defendant submits the following sub-issues: 1. Did Defendant have a duty to mitigate its damages for storing the vehicle? 2. Did Defendant possess the Title on the vehicle, so that it could mitigate its damages? III. DEFENDANT'S WITNESSES Ayal Salame, owner/President, Capital City Cab Service Linda Belle, current Office Manager, Capital City Cab Service Marina Lopez, Office Manager, Capital City Cab Service (at the time of the accident) all can be contacted at: 362 South Front Street Steelton, PA 17113 (717)939-6363 IV LEGAL ISSUES REGARDING ADMISSIBILITY 1. Capital City maintains that the alleged signatory of the "invoices", James Zulli, is deceased, and can therefore not testify as to either authenticity or state-of-mind at the moment he allegedly signed. Plaintiff must prove that no one else, including he himself, "signed" these documents. 2.Plaintiff cannot prove that the "letter" dated April 22, 2003 was ever received by Capital City Cab therefore placing the relevance of such letter in question. V. EXHIBITS Defendant anticipates the presentation of no exhibits at trial. VI. SETTLEMENT NEGOTIATIONS Counsel for Plaintiff approached counsel for Defendant exactly twice to negotiate a settlement: once immediately after arbitration, and once again on or about August 9, 2010. Each time the offer from Plaintiff was approximately that granted by the arbitration panel. Defendant believes that the figure should be substantially lower, and rejected both offers. Respectfully submitted 465? JJos6ph T. Sucec, Esq Attorney for Defendant PA74482 325 Peach Glen-Idaville Road Gardners, PA 17324 (717)315-2359 joesucec@paonline.com 8-15-11 CERTIFICATE OF SERVICE I hereby certify that I served, by personal delivery, a true and correct copy of Defendant's Pretrial Memorandum on the following: Joseph Buckley, Esq. 1237 Holly Pike Carlisle, PA 17113 q.;i-I 51-)) r f , STEPHEN BOORE, Plaintiff vs. CAPITAL CITY CAB SERVICE, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1117 CIVIL TERM PRETRIAL MEMORANDUM OF PLAINTIFF STEPHEN BOORE Plaintiff, Stephen G. Boore, by and through his attorney, Joseph D. Buckley, Esquire, submits to the Honorable Court the following pretrial memorandum. 1. STATEMENT OF THE BASIC FACTS AS TO LIABILITY On December 5, 2002, Plaintiff, Stephen Boore, d/b/a Boore's Towing, was contacted by the Carlisle Police Department and requested to proceed with a "roll-back" tow truck to the corner of West High Street and Mooreland Avenue to remove a vehicle involved in an accident. Plaintiff proceeded to the intersection of High and Mooreland and as requested by the police and the driver removed Capital City Cab - Unit No. 104, a 1996 Dodge Sedan. Plaintiff towed the vehicle to his secure lot located at 30 Westminster Drive, Carlisle (South Middleton Township), PA. Thereafter, the driver of the vehicle, James Zulli, Defendant's employee and agent, visited Plaintiff at his business, promised that the tow and the storage bill would be paid, signed and received a copy of the bill for the Road Service. The bill clearly states storage fee of $15.00 per day. Based on his assurances and following his execution of the service invoice, Mr. Zulli was permitted to remove Defendant's business and radio equipment from the damaged vehicle. II. STATEMENT OF FACTS AS TO DAMAGES Defendant and its agent or employees agreed to pay Plaintiff. Plaintiff made repeated calls to Defendant, but Defendant did not pay nor retrieve its vehicle, even though it promised to do so. Plaintiff continued to store Defendant's vehicle in a secure lot. Plaintiff sent a letter to Defendant demanding payment. In January 2004, Plaintiff filed an action with the Magisterial Judge and on February 26, 2004 received a judgment against Defendant. Defendant appealed and Plaintiff filed a Complaint with this Honorable Court. Defendant claimed a third party was responsible for Plaintiff's fees for services. A Board of Arbitration heard the matter and returned a decision in favor of Plaintiff and against Defendant and in favor of the Third Party. Plaintiff requests the original towing charge of $126.00 plus storage fees of $15.00 times the number of days the vehicle has been stored 3170 days ($47,550.00) plus costs of the action $158.50, together with statutory interest from February 26, 2004 and an additional $15.00 per day storage fee until paid or until title is surrendered. III. PRINCIPAL ISSUES OF LIABILITY AND DAMAGES The amount and reasonableness of damages and the interest due on the damages. IV. LEGAL ISSUES REGARDING ADMISSIBILITY OF TESTIMONY AND EVIDENCE NONE. V. PLAINTIFF'S WITNESSES The Plaintiff, Stephen Boore, will be the only witness. VI. LIST OF EXHIBITS 1. Road Service Invoice - White Copy dated 12-5-02 Boore's Towing signed by both parties and with hand written notes. 2. Road Service Invoice - Pink Copy dated 12-5-02 (copy of above) with hand written notes. 3. Road Service Invoice - Boore's Towing blank copy with white, yellow and pink copy. 4. Letter dated April 22, 2003 from Boore's Towing to Capital City Taxi with attachment (copy of Road Service Invoice) requesting payment. VII. SETTLEMENT NEGOTIATIONS Counsel for Plaintiff has on numerous occasions requested Defendant settle this matter for a substantially reduced amount but has not yet had a response as Defendant's counsel must consult with his client. Respectfully Submitted August 11, 2011 Joseph D. Buckley, Esquire Attorney for the Plaintiff Supreme Court I. D. # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw gaol.com CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Pretrial Memorandum was duly served via United States First Class Mail, postage prepaid upon the following persons: Joseph T. Sucec, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 Date: 1 D. Buckley, Esquire y for the Plaintiff DAVID M. HASSINE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYbVAARA CIVIL ACTION - LAW -,O3 V. X rn NO. 04-6084 =? rrn -0 -n - ? CAPITAL CITY CAB COMPANY, a/k/a > ue , p 70f" C) -1 CAPITAL CITY CAB SERVICE, INC. " Z s a --4C:) , and JAMES P. ZULLI, A 3 Defendants. : JURY TRIAL DEMANDED vc- ?? ?r_ Fj -°arn -' Sy STEPHEN G. BOORE, IN THE COURT OF COMMON PLEA Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. :NO. 04-1117 ? CAPITAL CITY CAB CO., Defendant, DAVID M. HASSINE, Additional Defendant.: "Y TRIAL DEMANDED CAPITAL CITY CAB CO.,,, : IN THE COURT O COMMON PLE Plaintiff, : CUMBERLAND COUNTY, PENNSWANIA CIVIL ACTION - LAW V. : NO. 03-3501 DAVID M. HASSINE,a Defendant. JURY TRIAL DEMANDED ORDER AND NOW, this Z t- day of S?,,r?.t,? , 2011, upon consideration of the Stipulation to Dismiss executed by all counsel 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. BY THE URT 941y ??cc STEPHEN G. BOORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-1117 CIVIL ? rnca ZL. CAPITAL CITY CAB - °zc "' SERVICE, INC., Defendant ? ?2-, co T r o --rf vs. :-, c7 r 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, wVa 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 /J? ^ 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, WG4 Kevin A/Hess, P. J. Joseph Buckley, Esquire 0.0 For Stephen G. Boore ?oP g it ? Joseph T. Sucec, Esquire For Capital City Cab Service Court Administrator in ?? le :rlm