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HomeMy WebLinkAbout04-6084IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. n4l - 4PCI6f-4/ l i C`Tv CIVIL ACTION - (X) LAW ( ) EQUITY JURY TRIAL DEMANDED David M. Hassine 29 Stonehouse Drive Whitehouse Station, NJ 08889 versus Plaintiff and Address Capital City Cab Company a/k/a Capital City Cab Service, Inc. 362 South Front Street Steelton, PA 17113 and James P. Zulli 106 South West Street Carlisle, PA 17013 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. Defendants and Addresses X Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff Rolf E. Kroll, Esquire Shaun J. Mumford, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Names/Address/Telephone No. of Attorney IYolf E. Y-WI, Esquire Supreme Court I.D. No. 47243 Shaun J. Mumford, Esquire Supreme Court I.D. No. 84176 Date: December 3, 2004 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT (S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIF i S HAS/HAVE COMM CED AN ACTION AGAINST YOU. 4 PROTHONOTARY Date-l ? Addy DEPUTY 77, 1 ROLF E. KROLL, ESQUIRE Pa Supreme Court I.D. No. 47243 SHAUN L 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(t?,mareofisedelstein.com DAVID M. HASSINE, Plaintiff, V. CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, Defendants. Attorneys for: PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. JURY TRIAL DEMANDED MOTION FOR COURT APPROVAL TO SERVE BY PUBLICATION AND NOW, comes Plaintiff, David M. Hassine ("Mr. Hassine"), by and through his counsel, Margolis Edelstein, and moves for Court approval to serve upon Defendant, James P. Zulli ("Mr. Zulli"), by publication, and avers the following in support thereof: 1. The above-captioned matter was initiated by Mr. Hassine with the filing of a Praecipe for Writ of Summons against Mr. Zulli and Co-Defendant, Capital City Cab Company ("Capital City"), on or about December 3, 2004. 3. The above-captioned matter is a personal injury action stemming from a motor vehicle accident between the vehicle operated by Mr. Hassine and the Capital City Cab operated by Mr. Zulli. 3. The above-referenced automobile accident took place on West High Street in Carlisle, Cumberland County, Pennsylvania, near its intersection with Moreland Street. 4. At the time of the accident, Mr. Zulli is believed to have been an employee working in the course and scope of his employment with Capital City. 5. Mr. Hassine attempted to have Mr. Zulli served at his last known address, as listed in the police accident report, but was informed by the Cumberland County Sheriff's Department that service could not be effectuated at that address. A copy of the Sheriff's Return of Service is attached hereto as Exhibit "A"' 6. Mr. Hassine then contacted Capital City and was informed that Mr. Zulli was no longer employed by them and that they had no current address for him. 7. Mr. Hassine conducted an online search for Mr. Zulli's current address, including making a payment for a public records search, but was unable to glean any additional information beyond that which was contained in the police accident 'Capital City has been served with the Writ of Summons. 2 report? A copy of the documents produced as a result of the online search are attached hereto as Exhibit "B". 8. As a result, pursuant to Pa.R.C.P. No. 430, Mr. Hassine seeks Court approval to serve Mr. Zulli with the Writ of Summons by way of publication. 9. If approved by the Court, Mr. Hassine will publicize the Writ of Summons issued against Mr. Zulli by advertising a notice of the action once in the Cumberland Law Journal and the Carlisle Sentinel. 10. The publication will contain the caption of the action and the names of the parties, state the nature of the action, and conclude with a notice in the form prescribed by Pa.R.C.P. No. 430 and Cumberland County Local Rule of Civil Procedure 1009-1. 11. Proof of such advertising will be filed with the Court. 'An affidavit with regard to the efforts made in investigating Mr. Zulli's whereabouts is being filed simultaneously with this Motion. 3 WHEREFORE, Plaintiff, David Hassine, respectfully requests this Honorable Court issue an order directing that Defendant, James P. Zulli, be served by publication. Respectfully submitted, MARGOLIS EDELSTEIN, Date: /.-; y,v jw? By: Shaun J. Mumf/d, Esquire Pa Supreme Court I.D. No. 84176 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7505 4 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-06084 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HASSINE DAVID M VS CAPITAL CITY CAB COMPANY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ZULLI JAMES P but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND as to the within named DEFENDANT ZULLI JAMES P 106 SOUTH WEST STREET CARLISLE, PA 17013 GIVEN ADDRESS IS AN APARTMENT BUILDING. AN APARTMENT NUMBER IS NEEDED. Sheriff's Costs: So answer - '' Docketing 6.00 Service 3.70 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 24.70 MARGOLIS EDELSTEIN 01/10/2005 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-06084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HASSINE DAVID M VS CAPITAL CITY CAB COMPANY ET AL Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CAPITAL CITY CAB COMPANY AKA CAPITAL CITY CAB SERVICES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On January 10th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 27.50 .00 64.50 01/10/2005 MARGOLIS EDELSTEIN So answers T -- Rt Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of A. D. Prothonotary In The Chart of Common Pleas of Cumberland County, Pennsylvania David M. Hassine vs. Capital City Cab Company aka Capital City Cab Service Inc No. 04-6084 civil Now December 6, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20_, at o'clock M. served the within upon at by handing to _ a and made known to So answers, the contents thereof. Sheriff of COSTS . Sworn and subscribed before SERVICE $ me this _ day of , 20 MILEAGE AFFIDAVIT copy of the original County, PA C'Offirt of je Pxiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Ha isburg,Pennsylvania 17101 ph:(717)255-2660 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania : HASSINE DAVID M vs County of Dauphin CAPITAL CITY CAB COMPANY Sheriff's Return No. 7079-T - - -2004 OTHER COUNTY NO. 04 6084 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:December 10, 2004 at 9:10AM served the within PRAECIPE FOR WRIT OF SUMMONS upon CAPITAL CITY CAB COMPANY by personally handing AKA CAPITAL CITY CAB SERVICES INC to SHIRLOY MOHN-MANAGER 1 true attested copy(ies) of the original PRAECIPE FOR WRIT OF SUMMONS and making known to him/her the contents thereof at 362 S. FRONT STREET STEELTON, PA 17113-0000 Sworn and subscribed to before me this 13TH day of DECEMBER, 2004 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, leAl(- Sheriff of Dauphin Cognty7-Ra. By D uty Sheriff Sheriff's Costs:$27.50 PD 12/09/2004 RCPT NO 202201 ET IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.(-y-1 - /-0P'-/ 6v 1 1 CIVIL ACTION - (X) LAW ( ) EQUITY JURY TRIAL DEMANDED David M. Hassine 5 29 Stonehouse Drive ; Whitehouse Station, NJ 08889 C: Plaintiff and Address versus PRAECIPE FOR WRIT OF SUMMONS PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. Defendants and Addresses X Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff Rolf E. Kroll, Esquire Shaun J. Mumford, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Names/Address/Telephone No. of Attorney WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT (S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S HASJHAVE COMMEN AN ACTION AGAINST YOU. ?,. PROTHONOTARY Date: .I Il-< .cLtsc.?r Y DEPUTY Capital City Cab Company a/k/a Capital City Cab Service, Inc. 362 South Front Street Steelton, PA 17113 and James P. Zulli 106 South West Street Carlisle, PA 17013 Supreme Court I.D. No. 47243 Shaun J. Mumford, Esquire Supreme Court I.D. No. 84176 Date: December 3, 2004 Search - 1 Result - James w/3 Zulli Page 1 of 2 Source: Public Records > People Business & Asset Locators > P-TRAK Person Locator - Nationwide { Terms: james w/3 zulli (Edit Search) ZULLI, JAMES P THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY PERSON LOCATOR - P-TRAK Name: ZULLI, JAMES P Also Known As: ZULLI, 3IM Social Security Number: 169-44-XXXX Address: 1937 DERRY STREET HARRISBURG, PA 17104-2333 Address Updated: 5/1/2001 Previous Addresses: 48 N 17TH STREET HARRISBURG, PA 17103-2317 Address Updated: 5/1/1996 2336 DERRY STREET APT. 2FL HARRISBURG, PA 17104-2727 Address Updated: 10/1/1995 2 A2 APT. F HARRISBURG, PA 17104 Address Updated: 11/13/2000 Birthdate: 10/1952 r O Telephone: 558-8689 On File Since: 11/1/197 Source: Public Records > People Business &,_A?set Locators > P-TRAK Person Locator - Nationwide („j Terms: james wl3 zulli (Edit Search) View: Full Date/Time: Tuesday, August 31, 2004 - 4:33 PM EDT http://www.lexis. coralresearch/retrieve?_m=da9dOa24bfe3 9c4d8e45abfafdc9cbdf&csvc=b... 8/31/2004 From: Intelius <reports@intelius.com> To: <smumford@margolisedelstein.com> Date: 1/17/2005 11:14 AM Subject: People Search Report ?? ``?f!?? i (? S ? smumford@margo!isedel E BB ! ??Personal Business Search Solutions } Back to Home Manat 5£L.EC° PRODOC' rREAT£ ACCO? NT VIEW REPORT Purchase Receipt Information Your transaction was successfully completed. $13.90 was charged to your account by Intelius, Inc. This report has been sent to smumfordomargolisedelstein.com Intelius Upgrade Specials Your Report is: Upgrade Now for less to: People Search Report ----„ > 24 Hour Pass Membership Specials Get 10% Off on ALL purchases for 1 year with Club Intelius Membership! Volume Discounts & Bulk Listing Updates People Search Report - 4 Records Found Name 1 ZULLI, JAMES 2 ZULLI, JAMES Additional Age Approx Rep Birth Date Address/Phone Reports 106 WEST ST S Criminal Report CARLISLE, PA 17013/^+, Background Report ,n - 4NU 8801 Criminal Report _ Background Report ZULLI, JAMES Criminal Report 3 ZULLI, FREDERICK CHARLES Background Report 31 ZULLI, JAMES P 52 ZULLI, JAMES P Criminal Report 53 4 ZULLI, HELEN E Background Report 49 1933 DERRY ST HARRISBURG, PA 17104 09/01/1973 1937 DERRY ST #2 10/15/1952 HARRISBURG, PA 17104 Last Reported 11/2012003 09/01/2003 06/01/20433 507 MARKET ST NEW CUMBERLAND, PA 17070 10/21/19911 file://C:\Documents%20and%20 Settings\smumford\Local%20Settings\Temp\GW) 00002.... 1 /17/2005 lntelius.com - People Search: Find Anyone Instantly? Phone: (717) 770-1138 Page 2 of 2 PE9PLE SEARCH SEARCH BY PME {{ BACKHOUNO MCB CRIA18AI Search By: Name 1 Address ) Advanced I Social Security # Maiden Name First Name MI Last Name State ]ames Zulli Pennsylvania Search You can now search by Social Security Number & Maiden Name t Backgri ound Checks now include People Search, Marriage/Divorce, Property & Death Records Help I Contact Us I Bookmark Intellus I Afflliates I Jobs I FA Q9 Terms & Conditions I About Us Copyright © 2003-2005, Intellu (www10-780) file:HC:\Documents%20and%20Settings\smumford\Local%20Settings\Temp\GW } 00002.... 1/17/2005 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 2005, and addressed as follows: Peter B. Foster, Esquire Pinskey & Foster, Esquire 121 South Street Harrisburg, PA 17101 Joseph T. Sucek, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 MARGOLIS EDELSTEIN By: Corinne N. Driver r ? C <? C ; -r? ?' °, '? "x5t r7 ?? G" ? ? U s, ? - ? t ..._ ,,.sa •-.x : ? . ??ss ?'. . a } .. Y` ' `' 3 ;:; :< Y? r? DAVID M. HASSINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. CIVIL ACTION NO. ?2 CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, JURY TRIAL DEMANDED Defendants. AFFIDAVIT I, Shaun J. Mumford, Esquire, counsel for Plaintiff., David M. Hassine, do hereby swear, depose and/or affirm the following: 1. The above-captioned matter stems from an automobile accident which was investigated by the Carlisle Police Department. Mr. Hassine attempted to have Defendant, James P. Zulli, served at the address listed in the Police Accident Report, but was informed by the Cumberland County Sheriffs Department that service could not be effectuated at that address. A copy of the Sheriff's Return of Service was filed as an exhibit to the Motion for Service by Publication, which was filed simultaneously herewith. 2. At the time of the motor vehicle accident which forms the basis of the above-captioned matter, Mr. Zulli was operating and was believed to be working in the course and scope of his employment for Co-Defendant, Capital City Cab Company, a/k/a Capital City Cab Service, Inc. The undersigned's office contacted representatives for Capital City Cab with regard to Mr. Zulli's current address, and were informed that Mr. Zulli was no longer employed by Capital City Cab and that no current address for Mr. Zulli was available. 3. The undersigned then conducted an online search for Mr. Zulli's current address, including making a payment for a public records search, but was unable to glean any additional information beyond that which was contained in the Police Accident Report. The online search included a search for both Mr. Zulli's current address and/or current telephone number. A copy of the documents produced as a result of the online search were filed as an exhibit to the Motion for Service by Publication. I have read the foregoing and hereby affirm that the above is true and correct to the best of my knowledge, information and belief. Date: /- Z04 - I r Sworn and subscribed before "is -? ? day of Notary Public CUMNivtvvdkNi.. i H OF PENNSYLVANIA WNW Seel JOAM E. Nelson. Notary Pudic iiar OW T%p.. Wnbattvd CmFkY MY Commission EVras Jtsra 19.21708 Member. PannsvlvaW. ?asoelatlon Of Notaries I r? cP C) ?C1 --1 ,C%' i JAN 2 6 2005 DAVID M. HASSINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. : CIVIL ACTION NO. (j ?, (P o CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, JURY TRIAL DEMANDED Defendants. ORDER AND NOW, on this z day of 2005, upon consideration of the Motion for Court Approval to Serve by Publication of Plaintiff, David M. Hassine, it is hereby ORDERED and DECREED that said motion is GRANTED. As such, Plaintiff is directed to serve Defendant, James P. Zulli, by advertising notice of the instant action once in each of the Cumberland Law Journal and the Carlisle Sentinel. Proof of such advertising will be filed with the Court. o` BY THE COURT: FILED-Ol't 1027 Ali Try 2U,S JAN 28 %s'°i'G; 21 DAVID HASSINE, plaintiff V. CAPITAL CITY CAB COMPANY, et al, defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-6084 CIVIL ACTION - LAW JURY TRI.AL DEMANDED RESPONSE TO MOTION FOR COURT APPROVAL TO SERVE BY PUBLICATION DEFENDANT, Capital City Cab Company, through its Attorney, Joseph T. Sucec, respectfully files this response in opposition to Plaintiff s Motion For Court Approval To Serve By Publication as follows: 1. On January 27, 2005, Defendant Capital City received service of Plaintiffs Motion through U.S. Mail. Said motion is attached as Exhibit A. 2. Defendant Capital City disagrees with paragraph 4 of Plaintiff's motion in that codefendant James Zulli was not an employee working for Capital City at the time of the alleged accident, Mr. Zulli was independently contracted to Capital City, not an employee. 3. Defendant Capital City neither admits not denies the averments in paragraphs 1-3 and 5-11 of Plaintiff s Motion as each is either a conclusion of law or relates to facts either not proven or of which Defendant Capital City is not aware. 4. Defendant Capital City opposes Plaintiff s Motion as it is not "reasonably calculated to succeed" in making Defendant James Zulli aware of the service. Mullane v. Central Hanover Bank and Trust, 339 U.S. 306 (1950). a. Three of Defendant Zulli's last four known addresses were in Harrisburg, PA, not Carlisle, PA, where the publication is proposed to occur. Page 1 b. The public newspaper proposed for publication, the Carlisle Sentinel, while available in Harrisburg and other places, is not widely circulated outside of Carlisle. 5. Defendant Zulli's likely unavailability would severely hamper Defendant Capital City's Due Process rights in the present case, as Defendant Zulli has a possible jurisdictional dispute with any default or any other judgment that might result, leaving Defendant Capital City responsible for the entire judgment.. 6. Allowing Plaintiff its motion would also run counter to the interests of fairness and justice, in that Defendant Capital City would be forced to defend a respondeat superior case for which the alleged actual tortfeasor is not available. WHEREFORE, For the foregoing reasons, Defendant requests that Plaintiff's Motion be denied. Respectfully submitted, Date: 2 S OS A: oseph T. Sucec, Esq. ID # 74482 Attorney for Defendant 325 Peach Glen-Idaville Road Gardners, PA 17324 (717)677-9284 joesucec@paonline.com Page 2 CERTIFICATE OF SERVICE I do hereby certify that on this 3rd day, served a true and correct copy of Response For Court Approval To Serve By Publication. City (2004-6084) on the following Shaun J. Mumford, Esq. 35L0 Trindle Road Camp Hill, PA 17011 February 2005, that I to Plaintiff's Motion in Hassime v. Capital Service was by First-class mail/ ROLF E. KROLL, ESQUIRE Pa Supreme Court I.D. No. 47243 SHAUN J. MUNIFORD, ESQUIRE Pa supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Triadic Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 (fax] Direct Email: rluull(iDmaruolisedelstein.com DAVID M. IIASSINE, Plaintiff, V. CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, Defendants. Attorneys for: PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. JURY TRIAL DEMANDED MOTION FOR COURT APPROVAL TO SERVE BY PUBLICATION AND NOW, comes Plaintiff, David M. Hassine ("Mr. Hassine"), by and through his counsel, Margolis Edelstein, and moves for Court approval to serve upon Defendant, James P. Zulli ("Mr. Zulli"), by publication, and avers the following in support thereof: 1. The above-captioned matter was initiated by Mr. Hassine with the filing of a Praecipe for Writ of Summons against Mr. Zulli and Co-Defendant, Capital City Cab Company ("Capital City"), on or about December 3, 2004. 3. The above-captioned matter is a personal injury action stemming from a motor vehicle accident between the vehicle operated by Mr. Hassine and the Capital City Cab operated by Mr. Zulli. 3. The above-referenced automobile accident took place on West lligh Street in Carlisle, Cumberland County, Pennsylvania, near its intersection with Moreland Street. 4. At the time of the accident, Mr. Zulli is believed to have been an employee working in the course and scope of his employment with Capital City. 5. Mr. Hassine attempted to have Mr. Zulli served at his last known address, as listed in the police accident report, but was informed by the Cumberland County Sheriff's Department that service could not be effectuated at that address. A copy of the Sheriff's Return of Service is attached hereto as Exhibit "A"' 6. Mr. Hassine then contacted Capital City and was informed that Mr. Zulli was no longer employed by them and that they had no current address for him. 7. Mr. Hassine conducted an online search for Mr. Zulli's current address, including making a payment for a public records search, but was unable to glean any additional information beyond that which was contained in the police accident 'Capital City has been served with the Writ of Surnmons. 2 report. A copy of the documents produced as a result: of the online search are attached hereto as Exhibit "B". 8. As a result, pursuant to Pa.R.C.P. No. 430, Mr. Hassine seeks Court approval to serve Mr. Zulli with the Writ of Summons by way of publication. 9. If approved by the Court, Mr. Hassine will publicize the Writ of Surrnnons issued against Mr. Zulli by advertising a notice of the action once in the Cumberland Law Journal and the Carlisle Sentinel. 10. The publication will contain the caption of the action and the names of the parties, state the nature of the action, and conclude with a notice in the form prescribed by Pa.R.C.P. No. 430 and Cumberland County Local Rule of Civil Procedure 1009-1. 11. Proof of such advertising will be filed with the Court. 'An affidavit with regard to the efforts made in investigating Mr. Zulli's whereabouts is being filed simultaneously with this Motion. 3 WHEREFORE, Plaintiff, David Hassine, respectfully requests this Honorable Court issue an order directing that Derendant, James P. Zulli, be served by publication. Date: /'7 Y-03 W By: Respectfully submitted, MARGOLIS EDELSTEIN, Shaun J. Mumf/d, Esquire Pa Supreme Court I.D. No. 84176 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7505 ' . 1 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(d),maraolisedelstein.com DAVID M. HASSINE, Plaintiff, V. CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, Defendants. Attorneys for: PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04-6084 JURY TRIAL DEMANDED PRAECIPE TO FILE OF RECORD PROOF OF PUBLICATION OF SERVICE Kindly file of record the attached Proofs of Publication regarding service of Defendant, James P. Zulli, in the above-captioned matter. Date: 2"1&yi By: Respectfully submitted, MARGOLIS EDELSTI Shaun Jr Ml njrd, Esquire Pa Supreme C rt I.D. No. 84176 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7505 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swom, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, FEBRUARY 11, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie CoI SW012N TO AND SUBSCRIBED before me this 11 day of FEBRUARY. 2005 LOTS E. SNYDER, Notary Public Carlisle Boro, Cumberland County ? Commission Espires March 5, 2005 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action No. 04-6084 DAVID M. HASSINE, Plaintiff V. CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC. and JAMES P. ZULLI, Defendants. JURY TRIAL DEMANDED NOTICE TO: JAMES P. ZULLI Suit has been initiated against you in the Court of Common Pleas of Cumberland County with regard to Injuries and damages suffered as the result of an automobile accident which occurred on December 5, 2002. If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections In writing with the court. You are warned that if you fail to do so, the case may pro- ceed without you and ajudgment may be entered against you, with- out further notice, for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 TO GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA Telephone: (717) 249-3166 Feb. 11 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanun_y Shoemaker, Classified Sales Manaoer, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following date(s February_t}3.., 2003 COPY OF NOTICE OF PUBLICATION DAVID M. HASSINE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, : PENNSYLVANIA V. CIVIL ACTION NO, 04-6084 CAPITAL CITY CAB COMPANY a/Wa CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, : JURY TRIAL DEMANDED Defendants. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of NOTICE publication are true. TO: JAMES P. ZULLI Suit has been initiated against you in the Court of Common Pleas of Cumberland e County with regard to Injuries and damages suffered as the result of an automobile accident which occurred on December 5, 2002. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and a judgement may be entered against you, without further notice, for the relief requested by the plaintiff. You may lose money or property or other rights Important to you. YOU SHOULD TAKE THIS NOTICE 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 TO GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania Telephone: 717-249-3166 Sworn to and subscribed before me this 09th day of f ehruarv,-2005 i Notary P c My commission expires: VVY C:OIliiPiiOY_'i )j?=HC'11 CAF PL_P.1Pl.YLVd;.I'diR Hrtrrial 8c al Chn: t na L Wolfe, Notary PUbiic Cadi510 raoic CUTlhenand County MY Comm sw FxpirP Member. Penns f,v;?nia Hsscciabun Of RI,,,r,3rier 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 ' i y{ 2005, and addressed as follows: Peter B. Foster, Esquire Pinskey & Foster, Esquire 121 South Street Harrisburg, PA 17101 Joseph T. Sucek, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 MARGOLIS EDELSTEIN By: ?L- Corinne N. Driver -, 7c? w -q :r7- 77. (4,; ._c SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-06084 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HASSINE DAVID M VS CAPITAL CITY CAB COMPANY ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ZULLI JAMES P but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , the within named DEFENDANT , ZULLI JAMES P , NOT FOUND , as to 106 SOUTH WEST STREET CARLISLE, PA 17013 GIVEN ADDRESS IS AN APARTMENT BUILDING. AN APARTMENT NUMBER IS NEEDED. Sheriff's Costs: So answers --v Docketing 6.00 Service 3.70 Not Found 5.00 -z R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County nn 24.70 MARGOLIS EDELSTEIN 01/10/2005 Sworn and subscribed to before me this 2 y day of A.D. Protht)n6tary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-06084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HASSINE DAVID M VS CAPITAL CITY CAB COMPANY ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CAPITAL CITY CAB COMPANY AKA CAPITAL CITY CAB SERVICES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On January 10th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 27.50 nn 01/10/2005 MARGOLIS EDELSTEIN So answers:,,- R., Thomas Kliner Sheriff of Cumberland County Sworn and subscribed to before me this :Z y day of L lt(j j? A. D . rothonotary ??? n The Court of Common Pleas of Cumberland County, Pennsylvania David M. Hassine vs. Capital City Cab Company aka Capital City Cab Service Inc No. 04-6084 civil Now, December 6, 2004 , I. SHERIFF OF CUMBERLAND COUNT', PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. F' •? rye ?.Y...?€%r ? ??Ax ire *„ ?.?' ,,,F...i?,:l.?°'.=.4? s Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at 20 , at o'clock M. served the by handing to and made known to Sworn and subscribed before me this day of 20 copy of the original So answers, the contents thereof. Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA . I Office oaf 14e o$4exi#f Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HASSINE DAVID M vs County of Dauphin CAPITAL CITY CAB COMPANY Sheriff's Return No. 7079-T - - -2004 OTHER COUNTY NO. 04 6084 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:December 10, 2004 at 9:10AM served the within PRAECIPE FOR WRIT OF SUMMONS upon CAPITAL CITY CAB COMPANY by personally handing AKA CAPITAL CITY CAB SERVICES INC to SHIRLOY MOHN-MANAGER 1 true attested copy(ies) of the original PRAECIPE FOR WRIT OF SUMMONS and making known to him/her the contents thereof at 362 S. FRONT STREET STEELTON, PA 17113-0000 Sworn and subscribed to before me this 13TH day of DECEMBER, 2004 ?4 , z,,/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, Sheriff of Dauphin Ca. ILI B Y I? uty Sheriff Sheriff's Costs:$27.50 PD 12/09/2004 RCPT NO 202201 ET IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ng - t o G l?Ll Ll vi l CIVIL ACTION - (X) LAW ( ) EQUITY JURY TRIAL DEMANDED David M. Hassine 29 Stonehouse Drive 11. Whitehouse Station, NJ 08889 -? rt ;e . , versus PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Plaintiff and Address Please issue a Writ of Summons in the above-captioned action. Defendants and Addresses X Writ of Summons shall be issued and forwarded to( ) Attorney (X) Sheriff Rolf E. Kroll, Esquire Shaun J. Mumford, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Names/Address/Telephone No. of Attorney WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT (S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S HAS/HAVE COMMEN AN ACTION AGAINST YOU. J 42? PROTHONOTARY Date: y DEPUTY Capital City Cab Company a/k/a Capital City Cab Service, Inc. 362 South Front Street Steelton, PA 17113 and James P. Zulli 106 South West Street Carlisle, PA 17013 Supreme Court I.D. No. 47243 Shaun J. Mumford, Esquire Supreme Court I.D. No. 84176 Date: December 3, 2004 CERTIFICATE OF SERVICE I do hereby certify that on this 26th day, April 22005, that served a true and correct copy of: Notice of Appearance In David Hassine v. Ca ital Cit Cab Com an et al on the foi- Zowing - 2co ?-CV-605-44 Shawn Mumford, Esq 3510 Trindle Road Camp Hill, PA 17011 Service was by First-class mail .w 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: rlaoll(a-,mareolisedelstein.com DAVID M. HASSINE, Plaintiff, v. CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, Defendants. Attorneys for: PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04-6084 JURY TRIAL DEMANDED MOTION FOR COURT APPROVAL TO SERVE BY PUBLICATION AND NOW, comes Plaintiff, David M. Hassine ("Mr. Hassine"), by and through his counsel, Margolis Edelstein, and moves for Court approval to serve a Complaint upon Defendant, James P. Zulli ("Mr. Zulli"), by publication, and avers the following in support thereof: 1. The above-captioned matter was initiated by Mr. Hassine with the filing of a Praecipe for Writ of Summons against Mr. Zulli and Co-Defendant, Capital City Cab Company ("Capital City"), on or about December 3, 2004. 2. The above-captioned matter is a personal injury action stemming from a motor vehicle accident between the vehicle operated by Mr. Hassine and the Capital City Cab operated by Mr. Zulli. 3. The above-referenced automobile accident took place on West High Street in Carlisle, Cumberland County, Pennsylvania, near its intersection with Moreland Street. 4. At the time of the accident, Mr. Zulh is believed to have been an employee working in the course and scope of his employment with Capital City. 5. After attempting to have Mr. Zulli served with the Writ of Summons at his last known address, as listed in the police accident report, and conducting an investigation with regards to the current whereabouts of Mr. Zulli, Mr. Hassine, on or about January 24, 2005, filed a Motion for Court Approval to Serve a Writ of Summons by Publication. 6. After Court Order, dated January 27, 2005, granting said Motion, Mr. Hassine served Mr. Zulli with a copy of the Writ of Summons by advertising notice of the same once in each of the Cumberland Law Journal and the Carlisle Sentinel, Proof of said publication was filed by praecipe on or about February 23, 2005. 7. Currently, Mr. Hassine seeks Court approval, pursuant to Pa.R.C.P. No. 430, to serve Mr. Zulli with a Complaint by way of publication. 2 S. Mr. Hassine has conducted another on-line search which has revealed no new information since the above-mentioned investigation. An Affidavit regarding the same is attached hereto as Exhibit "A". 9. If approved by the Court, Mr. Hassine will publicize the Complaint to be served against Mr. Zulli by advertising notice of the same once in the Cumberland Law Journal and the Carlisle Sentinel. 10. The publication will contain the caption of the action and the names of the parties, state the nature of the action, and conclude with notice in the form prescribed by Pa.R.C.P. No. 430 and Cumberland County Local Rule of Civil Procedure 1009-1. 11. Thereafter, proof of such advertising shall be filed with the Court. WHEREFORE, Plaintiff, David Hassine, respectfully requests this Honorable Court issue an order directing that Defendant, James P. Zulli, be served with a Complaint by publication. Date: So/ 1-'eyr By: Respectfully submitted, MARGOLIS EDELSTEIN, Shaun J. Murd, Esquire Pa Supreme Court I.D. No. 84176 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7505 3 ?4 ?)? A DAVID M. HASSINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. CIVIL ACTION NO. CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, JURY TRIAL DEMANDED Defendants. AFFIDAVIT I, Shaun J. Mumford, Esquire, counsel for Plaintiff, David M. Hassine, do hereby swear, depose and/or affirm the following: 1. The above-captioned matter stems from an automobile accident which was investigated by the Carlisle Police Department. Mr. Hassine attempted to have Defendant, James P. Zulli, served at the address listed in the Police Accident Report, but was informed by the Cumberland County Sheriff's Department that service could not be effectuated at that address. A copy of the Sheriff's Return of Service was filed as an exhibit to the original Motion for Service by Publication, filed in this matter. 2. At the time of the motor vehicle accident which forms the basis of the above-captioned matter, Mr. Zulli was operating and was believed to be working in the course and scope of his employment for Co-Defendant, Capital City Cab Company, a/k/a Capital City Cab Service, Inc. The undersigned's office contacted representatives for Capital City Cab with regard to Mr. Zulli's current address, and were informed that Mr. Zulli was no longer employed by Capital City Cab and that no current address for Mr. Zulli was available. 3. The undersigned then conducted an online search for Mr. Zulli's current address, including making a payment for a public records search, but was unable to glean any additional information beyond that which was contained in the Police Accident Report. The online search included a search for both Mr. Zulli's current address and/or current telephone number. A copy of the documents produced as a result of the online search were filed as an exhibit to the original Motion for Service by Publication. 4. An additional on-line search has been conducted prior to the filing of the instant Motion, but revealed no new information. I have read the foregoing and hereby affirm that the above is true and correct to the best of my knowledge, information apd belief. Date: Shaun J. Mumf9C, Esquire Sworn and subscribed before me this K day of 2005. ` Notary Public` COMMONVVEAL H OF PENNSYLVANIA Notarial seal JoAnn E. Nelson. Notary Pubic Hampden T%p.. Cumberland CIDL q My Commission E)Vkw June 19. 2008 Member. nrnn,Nva•": .-?alatlon CN Notaries 2 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 thelq day of 2005, and addressed as follows: Peter B. Foster, Esquire Pinskey & Foster, Esquire 121 South Street Harrisburg, PA 17101 Joseph T. Sucek, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 MARGOLIS EDELSTEIN By: orinne N. Driver RECEIVED MA/v 23 2005 DAVID M. HASSINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. ; CIVIL ACTION NO. 04-6084 CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, JURY TRIAL DEMANDED Defendants. ORDER AND NOW, on this ZY` day of l'h A'`/ 2005, upon consideration of the Motion for Court Approval to Serve by Publication of Plaintiff, David M. Hassine, it is hereby ORDERED and DECREED that said motion is GRANTED. As such, Plaintiff is directed to serve Defendant, James P. Zulli, with a Complaint by advertising notice of the same once in each of the Cumberland Law Journal and the Carlisle Sentinel. Proof of such advertising will be filed with the Court. BY THE COURT: 17 J. ? ?. ?` , r 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: rlaoll(rI)margolisedelstein.com Attorneys for: PLAINTIFF DAVID M. HASSINE, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04-6084 CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, JURY TRIAL DEMANDED Defendants COMPLAINT 1. Plaintiff, David M. Hassine, hereinafter referred to as "Plaintiff', is an adult individual currently residing at 509 Scarlett Lane, Apt. 824, Lansing, MI 48917. 2. Defendant, James P. Zulli, hereinafter referred to as "Defendant Zulli", is an adult individual with the last known address of 106 South West Street, Carlisle, PA. 3. Defendant, Capital City Cab Company, a/k/a Capital City Cab Service, Inc., hereinafter referred to as "Defendant Capital City Cab", is a Pennsylvania business operating at 362 South Front Street, Steelton, PA 17113. 4. At all times relevant hereto, Plaintiff was the operator of a 2001 Mercedes with a registration number of KYB38D. 5. At all times relevant hereto, Defendant Zulli was operating a 1996 Dodge cab with a registration number of TX35801, and owned by Defendant Capital City Cab. 6. At all times relevant hereto, it is believed and, therefore, averred that Defendant Zulli was in the course and scope of his employment with Defendant Capital City Cab. 7. On or about December 5, 2002, at approximately 8:27 p.m., Plaintiff was operating his motor vehicle on West High Street in Carlisle, Cumberland County, Pennsylvania, near its intersection with Moreland Street. 8. At that time and place, Defendant Zulli negligently, recklessly and carelessly operated the cab owned by Defendant Capital City Cab so as to cause a collision with the vehicle being operated by Plaintiff, causing bodily injuries to Plaintiff. 9. At all times relevant hereto, Plaintiff was operating his motor vehicle in a reasonable, cautious, prudent and safe manner and in accordance with Pennsylvania law. 2 10. Asa direct and approximate result of the negligent, reckless and careless conduct of Defendants, as set forth below, Plaintiff suffered the damages hereinafter described. COUNTI David M. Hassine v. James Zulli 11. Paragraphs 1 through 10 are incorporated herein as if set forth in full. 12. The occurrence of the aforesaid accident and the bodily injuries to Plaintiff resulting therefrom were the direct and proximate result of the negligent, reckless and careless conduct of Defendant Zulli as set forth below: a. By failing to keep a proper lookout for vehicles being lawfully operated on West High Street in Carlisle, Cumberland County, Pennsylvania; b. By failing to properly maintain control of the cab he was operating; c. By failing to keep an assured clear distance from Plaintiff's vehicle; d. By failing to yield the right-of-way to the vehicle being operated by Plaintiff, e. By making an illegal left-hand turn; f. By making an illegal lane switch; and g. Otherwise operating his vehicle in a negligent, reckless and/or careless manner. 3 13. As a result of the negligent, reckless and careless conduct of Defendant Zulli, as set forth above, Plaintiff suffered various bodily injuries, including, but not limited to his left arm, back and neck. 14. The bodily injuries set forth above have resulted in past and future wage loss, past and future medical bills, and past and future pain and suffering. WHEREFORE, Plaintiff, David M. Hassine, demands judgment in his favor and against Defendants, James P. Zulli and Capital City Cab Company, in an amount exceeding the Cumberland compulsory arbitration limits, plus interest, cost of suit and any and all other relief which this Court deems proper and just. COUNT II David M. Hassine v. Capital Cites 15. Paragraphs 1 through 14 are incorporated herein as if set forth in full. 16. The occurrence of the aforesaid accident and the bodily injuries suffered by Plaintiff were the direct and proximate result of the negligent, reckless and careless conduct of Defendant Capital City Cab as set forth below: a. By employing an improperly or insufficiently trained and/or careless person to operate a motor vehicle; b. By failing to properly train Defendant Zulli in the operation of a motor vehicle and the rules of the road; and c. Through respondeat superior in that Defendant Zulli was, at all relevant times hereto, acting in the course and scope of his 4 employment with Capital City Cab as a cab driver. 17. As a result of the negligent, reckless and careless conduct of Defendant Capital City Cab as set forth above, Plaintiff suffered bodily injuries, including, but are not limited to his left arm, neck and back. 18. The bodily injuries set forth above have resulted in past and future wage loss, past and future medical bills, and past and future pain and suffering. WHEREFORE, Plaintiff, David M. Hassine, demands judgment in his favor and against Defendants, James P. Zulli and Capital City Cab Company, in an amount exceeding the Cumberland County compulsory arbitration limits, plus interest, cost of suit and any and all other relief which this Court deems proper and lust. Date: /'J ?f By: Respectfully submitted, MARGOLIS Shaun J. Xlumforrsquire Pa Supreme Co I.D. No. 84176 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Attorney for Plaintiff 5 VERIFICATION I, David M. Hassine, state that I have read the foregoing Complaint 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 uusworn falsification to authorities. Date: I6/ I /900 5 David M. Hassine Hassine, Capital Cub 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 ;7 day of ("A'12005, and addressed as follows: Peter B. Foster, Esquire Pinskey & Foster, Esquire 121 South Street Harrisburg, PA 17101 Joseph T. Sucek, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 MARGOLIS EDELSTEIN r By: Carol Moose C? ?..y ;. ; ?, ,r , "? .-i l r' y ' n' r?: r ? ' , r ° ' ?_3;:.., ' •' ' , Y C-, w . a y '? C? r 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 ,mareolisedelstein.com Attorneys for Plaintiff: DAVID M. HASSINE DAVID M. HASSINE, Plaintiff, V. IN TIC, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04-6084 CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, Defendants. JURY TRIAL DEMANDED MOTION FOR COURT APPROVAL TO SERVE BY PUBLICATION AND NOW, comes Plaintiff, David M. Hassine ("Mr. Hassine"), by and through his counsel, Margolis Edelstein, and moves for Court approval to serve a Complaint upon Defendant, James P. Zulli ("Mr. Zulli"), by publication, and avers the following in support thereof: 1. The above-captioned matter was initiated by Mr. Hassine with the filing of a Praecipe for Writ of Summons against Mr. Zulli and Co-Defendant, Capital City Cab Company ("Capital City"), on or about December 3, 2004. 2. The above-captioned matter is a personal injury action stemming from a motor vehicle accident between the vehicle operated by Mr. Hassine and the Capital City Cab operated by Mr. Zulli. 3. The above-referenced automobile accident took place on West High Street in Carlisle, Cumberland County, Pennsylvania, near its intersection with Moreland Street. 4. At the time of the accident, Mr. Zulli is believed to have been an employee working in the course and scope of his employment with Capital City. 5. After attempting to have Mr. Zulli served with the Writ of Summons at his last known address, as listed in the police accident report, and conducting an investigation with regards to the current whereabouts of Mr. Zulli, Mr. Hassine, on or about January 24, 2005, filed a Motion for Court Approval to Serve a Writ of Summons by Publication. 6. After Court Order, dated January 27, 2005, granting said Motion, Mr. Hassine served Mr. Zulli with a copy of the Writ of Summons by advertising notice of the same once in each of the Cumberland Law Journal and the Carlisle -2- Sentinel. Proof of said publication was filed by praecipe on or about February 23, 2005. 7. Currently, Mr. Hassine seeks Court approval, pursuant to Pa.R.C.P. No. 430, to serve Mr. Zulli with a Complaint by way of publication. 8. The Complaint was filed b Mr. Hassine on October 31, 2005. 9. Mr. Hassine has conducted another on-line search which has revealed no new information since the above-mentioned investigation. An Affidavit regarding the same is attached hereto as Exhibit "A" 10. If approved by the Court, Mr. Hassine will publicize the Complaint to be served against Mr. Zulli by advertising notice of the same once in the Cumberland Law Journal and the Carlisle Sentinel. 11. The publication will contain the caption of the action and the names of the parties, state the nature of the action, and conclude with notice in the form prescribed by Pa.R.C.P. No. 430 and Cumberland County Local Rule of Civil Procedure 1009-1. 12. Thereafter, proof of such advertising shall be filed with the Court. WHEREFORE, Plaintiff, David Hassine, respectfully requests this Honorable Court issue an order directing that Defendant, James P. Zulli, be served -3- with a Complaint by publication. Respectfully submitted, MARGOLIS EDELSTEIN, Date: By: Shaun I M mford, Squire Pa Supreme Cou D. No. 84176 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7505 -4- 4 o"O DAVID M. HASSINE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. CIVIL ACTION NO. 04-6084 CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, JURY TRIAL DEMANDED Defendants. AFFIDAVIT I, Shaun J. Mumford, Esquire, counsel for Plaintiff, David M. Hassine, do hereby swear, depose and/or affirm the following: 1. The above-captioned matter stems from an automobile accident which was investigated by the Carlisle Police Department. Mr. Hassine attempted to have Defendant, James P. Zulli, served with a Writ of Summons at the address listed in the Police Accident Report, but was informed by the Cumberland County Sheriff's Department that service could not be effectuated at that address. A copy of the Sheriff's Return of Service was filed as an exhibit to the original Motion for Service by Publication filed in this matter. 2. At the time of the motor vehicle accident which forms the basis of the above-captioned matter, Mr. Zulli was operating and was believed to be working in the course and scope of his employment for Co-Defendant, Capital City Cab Company, a/k/a Capital City Cab Service, Inc. The undersigned's office contacted representatives for Capital City Cab with regard to Mr. Zulli's current address, and were informed that Mr. Zulli was no longer employed by Capital City Cab and that no current address for Mr. Zulli was available. 3. The undersigned then conducted an online search for Mr. Zulli's current address, including making a payment for a public records search, but was unable to glean any additional information beyond that which was contained in the Police Accident Report. The online search included a search for both Mr. Zulli's current address and/or current telephone number. A copy of the documents produced as a result of the online search were filed as an exhibit to the original Motion for Service by Publication. 4. An additional on-line search has been conducted prior to the filing of the instant Motion, but revealed no new information. I have read the foregoing and hereby affirm that the above is true and correct to the best of my knowledge, information and Date: P -/I ,0 Shaun Sworn and subscribed before me day of 2005. > ? 1 Notary Pu lic COMMONWEALTH OF PENNSYLVANIA NOWW Seal Jahn E. Nelsort, Notary Pubic Hxnpden T%p., Qmberlarq Co xdy W Canrnfe M EiPM June 19, 2008 -2- Member, Pennsylvan- S,ssoclarlon Of Notaries 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, i Pennsylvania, first-class postage prepaid, on the day of 1V b'0YLU)- , 2005, and addressed as follows: Peter B. Foster, Esquire Pinskey & Foster, Esquire 121 South Street Harrisburg, PA 17101 Joseph T. Sucek, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 MARGOLIS EDELSTEfN By: L't _ ??--- Secretary O IN THE COURT OF COMMON PLEAS OF CUWMERLAND COUNTY, PENNSYLVANIA DAVID HASSINE, plaintiff CAPITAL CITY CAB COMPANY, aka CAPITAL, CITY CAB SERVICE, INC. and JAMES P. ZULLI, defendants ANSWER CIVIL ACTION 04-6084 JURY TRIAL DEMANDED Defendant James Zulli, through his attorney Joseph T. Sucec, respectfully answers the Complaint in this matter, averrinm the followinv: 1. Admitted to the extent of Defendant's personal knowledge. 2. Admitted. 3. Admitted- 4 _ Adn:rtted. j. ,Admitted. 6. Plaintiffs averment states a conclusion of law, not requiring an answer '7 Admitted. 8. Denied as to the fact averred. In addition, Plaintiff's averment makes conclusions of law. not requiring an answer. 9_ Denied. Plaintiff's negligence was both the direct and proximate cause of the alleged accident. 10. Denied as to the fact averred. In addition, Plaintiff's averment makes conclusions of law. not requiring an answer. COUNT I. David Hassine v. James ZOO 11. Defendant's answers to paragraphs I through 10 are incorporated herein. 12. Denied on all counts as to the fact averred. In addition, Plaintiff's averment makes conclu- sions of law. not requiring an answer. 13. Denied as to the fact averred. In addition, Plaintiff's averment makes conclusions of law. not requiring an answer. 14. Denied. WHEREFORE Defendant James Zulli requests that the above Complaint be dismissed, requiring Defendant Zulli to pay nothing in this matter, COUNT II David Hassine v Capital City Cab 15. Defendants' answers to Paragraphs I through 14 are incorporated herein. 16. Denied on all counts as to the fact averred. In addition, Plaintiffs averment makes conclu- sions oflaw. not requiring an answer. 17. Denied as to the fact averred. In addition, Plaintiffs averment makes conclusions of law. not requiring an answer. 18. Denied_ WHEREFORE, Defendant Capital City Cab requests that the above Complaint be dismissed, requiring Defendant Capital City Cab to pay nothing in this matter. Respectfully submitted, - 1-t= 605-_ i _ J eph T. Sucee, Esq. (#74482) 325 Peach Glen-Idaville Road Gardners, PA 17324 (717)677-9284 (717)315-2359 jocsucec(a paonlinexom Attorney for Defendant AFFIDAVIT OF VERIFICATION As office F the =rpnrata Defendant in the foregoing mat- ter, I swear that the facts above set forth are true and correct to the best of my knowledge, information and belief. I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities as set forth at 52 Pa. Code 1.36. Date l © J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DAVID HASSINE, plaintiff V. CIVIL ACTION 04-6084 JURY TRIAL DEMANDED CAPITAL CITY CAB COMPANY, aka CAPITAL CITY CAB SERVICE, INC, and JAMES P. ZULU. defendants CERTIFICATE OF SERVICE Fcfi ,ky ovec+ kw I hereby certify that on this kEebe?, 2005. 1 served a true and correct copy of the Answer in the above matter on the following: MARGOIJS EDEISTEIN 3510 Trindle Road Camp Hill, PA 17011 Service was by first-class mail. ?l6 [or-5 kl v? r,? ?? L? C?_.. ?_:? 'n _ii .. ? . T __.-r. ?? CP C ? ?-? _._ ?_ ?C,.i `-:% c '? u Nov I ?Zu5 DAVID M. HASSINE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. CIVIL ACTION NO. 04-6084 CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, JURY TRIAL DEMANDED Defendants. ORDER AND NOW, on this z S' day of urv -ter 2005, upon consideration of the Motion for Court Approval to Serve by Publication of Plaintiff, David M. Hassine, it is hereby ORDERED and DECREED that said motion is GRANTED. As such, Plaintiff is directed to serve Defendant, James P. Zulli, with a Complaint by advertising notice of the same once in each of the Cumberland Law Journal and the Carlisle Sentinel. Proof of such advertising will be filed with the Court. BY THE COURT: ?. L r ?? is l'-! r DAVID M. HASSINE, Plaintiff V. CAPITAL CITY CAB SERVICE, INC. and JAMES P. ZULLI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6084 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for the Defendant Capital City Cab Service, Inc. November 25, 2005 - Peter B. Foster, Esquire 4 CERTIFICATE OF SERVICE I hereby certify that on this date, November 25, 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. Sucee, Esquire Attorney for Plaintiff 325 Peach Glen - Idaville Road Gardners, PA 17324 Shawn J. Mumford, Esquire Attorney for Defendant Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 November 25, 2005 Peter B. Foster, Esquire 4 ? ? ? ' ' 1 { Ly ?{ . _. _y-. . _ ` ,? a. `:. i}} 1 • ? ._ Cr? 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 N0.04-6084 f 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 CAPITAL CITY CAB CO. Plaintiff Vs. DAVID M. HASSINE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3501 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 W 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, MARGOLIS EDELSTEIN, Date: A 7 di By: 4 1z Shaun i Pa Supreme 3510 Trindle Esquire I.D. No. 84176 Camp Hill, PA 17011 (717) 975-8114 Attorney for Plaintiff M:\mdir\l REK lndiv Clients\70000.4-00015\plead\Motion to Consolidate.] 1-12-06.wpd 5 . . V 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, ? da Pennsylvania, first-class postage prepaid on the Y of 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 a_?) r ?_ J4 L_ Carol Moose -TJ ? i7l K . 10 DAVID M. HASSINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBE LAND COUNTY, PENNSYLVANIA vs. NO. 4-6084 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 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. 'A This rule returnable twenty (20) days after service. BY THE COURT, Hess, J. n o?% o.N XN. -po A,y ??rd o? F 0,A, 'fox Vie 0 cR/ q4 o? y- °4 i s t. 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.. SuInkme Court I.D. # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com I/ _ 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: /-?_U? eo? os D. Buckle Esquire Attorney for Plaintiff G ° a m Fn - q co o y (- -WW4 c-n ` W c-n ?G •? r f 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 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 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. Date: Ak/0 By: Respectfully submitted, MARGOLIS ED Shaun J. Nmfbfd, quire Pa Supreme Court". No. 84176 3510 Trindle Roa Camp Hill, PA 17011 (717) 975-8114 Attorney for Plaintiff M:\mdir\l REK Indiv Clients\70000.4-00015\plead\Petition to Make Rule Absolute.4-9-07.wpd &hkbi+ 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 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, Kevin,A. Hess, J. &,hibl+ P---> 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 aik/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 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.. 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 3 510 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: 1- ? , CJ 7 os D. Buckle Esquire Attorney for Plaintiff ti . 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 'U ,.V? .`-' , T l --'! -?- ,?-. '.. 1 ?? ..... r r 1 _.:,t . _- ,,. ??_? .. L. " M, 012DD7 DAVID M. HASSINE, COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. NO. 04-6084 ? CAPITAL CITY CAB COMPANY, a/k/a CAPITAL CITY CAB CIVIL ACTION LAW SERVICE, INC., and JAMES P. JURY TRIAL DEMANDED ZULLI, Defendants. STEPHEN G. BOORS, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 04-1117 CAPITAL CITY CAB CO., CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED DAVID M. HASSINE, Additional Defendant: 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 l ORDER AND NOW, on this 7+ day of , 2007, upon consideration of the Petition to Make Rule Absolute filed 1byvid 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. ., yr w 6S .0 9- jl VW LCDZ 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: rlcroll cr,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, Defendants. STEPHEN G. BOORE, Plaintiff V. CAPITAL CITY CAB CO., Defendant DAVID M. HASSINE, Additional Defendant: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.04-6084 ? CIVIL ACTION LAW JURY TRIAL DEMANDED COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1117 CIVIL ACTION-LAW JURY TRIAL DEMANDED r CAPITAL CITY CAB CO. vs. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 07 Shaun TMut, 6rd " ID# 84176 Margolis Edels 3510 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 )-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: QjQ-d ?L_. Carol Moose / ` ? "t - ? 4 . ?_ Y??--? ? n ?o c ? ?.} `v r- a t?`? D`} - ?o U8q civil ' ,4' _Ib ORDER OF COURT AND NOW, this .S_?4 day of (6/Xe , 2007, in consideration of the foregoing petition, OA4A& 6'. dael, , Esquire, and V• 60t.)& Esquire, and ?.U-- Esquire, are appointed arbitrators in the above-captioned action as prayed for. By Qourt:..'1 G ? ? JUDGE M:\mdir\l REK Indiv Clients\70000.4-0001 5\plead\Praecipe for Arbitration.5-22-07.wpd Ate - D 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: rlaolla.mareolisedelstein.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. BOORE, 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. VS. DAVID M. HASSINE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3501 CIVIL ACTION-LAW Defendant 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. Respectfully Date: -1 ?*_ Shaun J. ?vfumfq`d ID# 84176 Margolis Edelstein 3510 Trindle Roa Camp Hill, PA 17 11 Attorney for Plaintiff, David Hassine M:Vndir\l REK Indiv Clients\70000.4-00015\plead\Motion to Withdraw Arbitration. 12-12-07.-,,pd ? M 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 / 7 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: t_?A' Carol Moose r? t'n . . r DAVID M. HASSINE, PLAINTIFF V. 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 : 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 V. DAVID M. HASSINE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3501 CIVIL TERM ORDER OF COURT AND NOW, this 'ZZ? 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 $50.00. By the Cou Edgar B. Bayley, J. Charles Rector, Esquire Chairman Shaun J. Mumford, Esquire For David Hassine Joseph Buckley, Esquire Capital City Cab Co. /Joseph T. Sucek, Esquire For Stephen G. Boore Court Administrator 0K$ :sal ce) CS J v 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: [7171975-8114 Direct Dial: (717) 760-7502 Attorneys for Defendant: Fax: [7171975-8124 DAVID M. HASSINE E-Mail: rkroll@margolisedelstein.com DAVID M. HASSINE, : IN THE COURT OF COMMON PLEAS Plaintiff, : 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 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 office address for Margolis Edelstein is no longer in effect. Respectfully submitted, Date: !i MARGOL DELSTEIN By: ?/ *4? 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%? 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 B- y - oAnn E. Nelson, Secretary c zs tJ.i !? ?" ' ?l.wA'F ?i? r ?J W 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. Signature s' tun Signature L ? AL Apx,, S JO" "• PLf`+CZ k Name (Chaffina4 Name V Plaintiff C` a VI ?Iul- ` C Ca co A fQ yy'c' 7J f 11' efendant In The Court of Common Pleas of Cumberland / County, Pennsylvania No. O l- 1 117 ? Civil Action - Law. 03 3 O fil l (Gfae i j Py, Sh Name Defih?e PqkOSk Luw ?AIo Law Firm CL), ? Notice of Entry of A witrd a, 3 ?). ?1't Gf a (r S Address Cal lei ll PH )7(,1( City, Zip 66 lAwa d 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.) 4,1, AA Ir VAA-er OZ. Law Firm Law m Y? 0)2b? OfC, AXe - { )•33l MA., of S? Address Address C-, (A I 5L Afc- . fALI -0 44-It PA City, Zip 1 7 City> zip ?? cv q Date of Hearing: I .Z - )-- Date of Award: I Z - 7-3 -- o5 f? Now, the day of -'bc-C , 20oY , at 3 , a.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: $ 2'sQ, ark 01 By: Prothonotary Deputy (Chairman) . Arbitrator, dissents. (Insert name if applicable.) 2 6 0 9 D, ', 1 f9+ 1 i.:" c r t , ??klc y 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 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 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.) an rk c g S.W (d a4-1 S(W ,(F-W a tob-7 v, 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 for Ylamtitt Supreme Court I.D.# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 r.- 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: < r / Y+-1-6, t Attorney for Plaintiff 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 SERVICE, INC., -ty:r = -+ Defendant Z? -,r- ^ r vs. ° --4o DAVID M. HASSINE, x? w a`s rn Additional Defendant --q ( ? 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, aWa 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 -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 y Joseph T. Sucec, Esquire For Capital City Cab Service Shaun J. Mumford, Esquire For David M. Hassine i/ Court Administrator rlm c11 , 0fi t?3 1KCttId &P/ hl BY THE COURT, Kevi A. Hess, P. J. ti i 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, PENNSYLVAIA c CIVIL ACTION - LAW MCD c_ NO. 04-1117 CIVIL rte-- . y, N o C-? 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, aWa CAPITAL CITY CAB SERVICE, INC., and JAMES P. ZULLI, Defendants CAPITAL CITY CAB CO., Plaintiff vs. DAVID M. HASSINE, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3501 CIVIL ORDER / 2-' 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 For Stephen G. Boore ,? C0? a II Joseph T. Sucec, Esquire h` For Capital City Cab Service ? Shaun J. Mumford, Esquire For David M. Hassine ?? Court Administrator - in .?.?.e :rlm u 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 '-? ^ 1 SERVICE, INC., Defendant r-rr C7 VS. : -< DAVID M. HASSINE, _- -? Additional Defendant .. rv 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, aWa 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 i 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, : IN THE COURT OF COMMON PLEAS Plaintiff, : 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 PLEASc o x Plaintiff, : CUMBERLAND COUNTY, PENNSY?? `i CIVIL ACTION - LAW Xrn r rn v. cn?" rn NO. 04-1117 CAPITAL CITY CAB CO., Defendant, v? C Cit"") DAVID M. HASSINE, : - Additional Defendant. : JURY TRIAL DEMANDED CAPITAL CITY CAB CO., : IN THE COJJRT OFjGOMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYL*ANIA CIVIL ACTION - LAW f V. NO. 03-3501 DAVID M. HASSINE, s Defendant. JURY TRIAL DEMANDED ORDER AND NOW, this 2 e day of S<„o tZa , 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. (20 F t.q.,s rr'.-Lt L? S . ??C_ A J. ?UA_?Lx a+ Z Karp LL BY THE C URT STEPHEN G. BOORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAP' c a NO. 04-1117 CIVIL cn _ CAPITAL CITY CAB S SERVICE, INC., <> C)c Defendant r CO VS. tJ DAVID M. HASSINE, w =<' 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 $ 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 k 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, . /7 Kevin A/Hess, P. J. Joseph Buckley, Esquire - p For Stephen G. Boore CoPiP,? . L trr? Ir Joseph T. Sucec, Esquire II (!g? 0 For Capital City Cab Service Court Administrator -in ??e_ :rlm