Pennsylvania Environmental Hearing Board: Coat of Arms The
Pennsylvania
Environmental Hearing Board


MENU

Home

About Us

Hearing Schedule

Docket Search

Electronic Filing

Forms

Rules, Decisions, and Resources

EHB Rules Committee

Agency Open Records and "Right to Know" Law

CASE INFORMATION
Case Number: 2008051
Appellant #1: DEP v. MR. KIRK E. DANFELT (Caption amended 9-23-11)

VIEW CASE INFORMATION FOR THIS CASE

CLOSED CASE

# Filing Date Description Documents (?)
1 02-27-2008 Department's February 26, 2008 Complaint for Assessment of Civil Penalties against Kirk E. Danfelt and Eva Joy Giordano, in the amount of $41,250 for violations of the Clean Streams Law for failure to develop an erosion and sedimentation control plan for three sites located in Todd Township, Fulton County.
2 02-28-2008 PRE-HEARING ORDER NO. 1-CP: 1) Assigned to Judge Michelle A. Coleman. 2) Further pre-hearing ordders will be issued when the pleadings are closed.
3 05-06-2008 WITHDRAWAL AND ENTRY OF APPEARANCES [for the Department]: Withdraw: M. Dukes Pepper, Jr., Esquire. Enter: Susana Cortina de Cardenas, Esquire, Southcentral Region-Office of Chief Counsel, Harrisburg.
4 06-11-2008 ORDER FOR STATUS REPORT: Counsel shall each submit separately to the Board a written status report on or before July 3, 2008.
5 06-25-2008 Department's status report. (fax)
6 06-26-2008 Department's status report. (hard)
7 09-17-2008 Plaintiff's Motion for Notice Concerning Defendants' Addresses and Service of Process. (fax)
8 09-18-2008 Plaintiff's Motion for Notice Concerning Defendants' Addresses and Service of Process. (hard)
9 12-18-2008 ORDER: Board takes notice of the Defendants' correct address and the Department's service of process upon the Defendants on July 30, 2008.
10 04-15-2009 Department's Motion for Entry of Default Judgment.
11 05-07-2009 ENTRY OF APPEARANCE [On behalf of Defendant Mrs. Eva Joy Giordano]: Gregory A. Jackson, Esquire, Huntingdon, Pa. (fax)
12 05-11-2009 ENTRY OF APPEARANCE [On behalf of Defendant Mrs. Eva Joy Giordano]: Gregory A. Jackson, Esquire, Huntingdon, Pa. (hard)
13 05-15-2009 Reply to Plaintiff's motion for default judgment. (fax)
14 05-19-2009 Reply to Plaintiff's motion for default judgment. (hard)
15 05-19-2009 Renewed Motion for Default Judgment and Opposition to Defendant Giordano's Motion. (e-file)
16 08-20-2009 OPINION AND ORDER ON MOTION FOR DEFAULT JUDGMENT: It is ordered that the Department's motion for default judgment is granted in part and denied in part. The relevant facts in the complaint are deemed admitted and liability is established on the part of Kirk E. Danfelt. The motion is denied with respect to Eva Joy Giordano and her request for leave to file an answer to the Complaint is granted. (Concurring Opinion of Acting Chairman and Chief Judge Thomas W. Renwand attached).
17 09-08-2009 Defendant, Eva Joy Giordano filing the ensuing Answer.
18 10-05-2009 ORDER: Discovery completed by January 5, 2010; dispositive motions by April 5, 2010.
19 02-05-2010 Defendant, Eva Joy Giordano Motion for Protective Order.
20 02-16-2010 Department's Opposition to Defendant Giordano's Motion for Protective Order. (e-file)
21 02-19-2010 Department's Motion to Attach Order to the Department's previously filed Motion in Opposition to Defendant Giordano's Motion for Protection Order. (e-file)
22 03-03-2010 ORDER: Confernce call scheduled for March 6, 2010 at 10:00 am.
23 03-05-2010 ORDER: Conference call scheduled for today at 10:00 am has been cancelled.
24 03-19-2010 ORDER: Motion for protective order is denied. Giordano shall submit responses to the Department's discovery requests within 10 days of the date of this order.
25 04-07-2010 PREHEARING ORDER NO. 3-CP: Hearing is scheduled for June 21 through June 25, 2010 at 10:00 am at the EHB Harrisburg office, Hearing Room 2. (Commonwealth Reporting Co.) Department's prehearing memorandum due on May 17, 2010. Defendants prehearing memoranda due on June 1, 2010. Stipulation of facts filed 5 days before the hearing date. Prehearing conference via telephone on June 18, 2010 at 1:00 pm.
26 04-15-2010 AMENDED PREHEARING ORDER NO. 3-CP: Hearing has been changed as follows: starting on June 28th thru July 2, 2010 in Hearing Room 1 at the EHB Harrisburg office. (Commonwealth Reporting Co.) Department's prehearing memorandum due on May 17, 2010; Defendants prehearing memoranda due on June 1, 2010. Factual stipulations filed 5 days before the hearing date. Prehearing conference via telephone on June 18, 2010 commencing at 1:00 pm.
27 05-25-2010 ORDER: Conference call scheduled for May 26, 2010 at 10:00 am.
28 05-26-2010 ORDER in consideration of the conference call held on Wednesday, May 26, 2010.
29 05-28-2010 Motion to Compel. (e-file)
30 06-04-2010 ORDER: on motion to compel filed by the Department.
31 06-14-2010 Appellant's Certificate of Service served upon Attorney Cardenas on June 11, 2010.
32 06-22-2010 SECOND AMENDED ORDER SCHEDULING A HEARING AND PRE-HEARING CONFERENCE CALL: Hearing is rescheduled to June 29, 2010 through July 2, 2010 at 10:00 am in Hearing Room 1 of the EHB Harrisburg office. (Commonwealth Reporting Co.) Prehearing conference via telelphone is scheduled for June 28, 2010 at 10:00 am.
33 07-09-2010 ORDER: Conference call will be held on July 14, 2010 at 4:00 pm.
34 07-16-2010 Defendant's Motion to Amend Caption.
35 07-16-2010 Copy of Defendant's Amended Answerw to Interrogatories and Request for Production of Documents submitted to the Department on June 11, 2010 and supplemental information on July 2, 2010.
36 07-20-2010 Informative Motion Concerning Motion for Sanctions and Motion for Sanctions. (e-file)
37 07-21-2010 "Exhibits" to the Department's Informative Motion Concerning Motion for Sanctions and Motion for Sanctions which was efiled on July 20, 2010.
38 07-22-2010 Two Copies of Defendant's Amended Answerw to Interrogatories and Request for Production of Documents submitted to the Department on June 11, 2010 and supplemental information on July 2, 2010.
39 07-23-2010 ORDER: Conference call scheduled for July 28, 2010 at 2:30 pm.
40 07-29-2010 ORDER: Responses to the motion for sanctions shall be filed no later than August 6, 2010.
41 08-05-2010 Defendants' Reply to Department's Motion for Sanctions and Supplemental Discovery Response.
42 05-04-2011 Defendant's motion for protective order. (fax)
43 05-09-2011 Plaintiff's Opposition to Defendant Giordano's Motion for a Protective Order. (e-file)
44 05-10-2011 Defendant's motion for protective order. (hard)
45 05-13-2011 ORDER: In consideration of the Defendant's, Giordano's motion for protective order, it is ordered that the motion is denied.
46 05-18-2011 Defendant [Eva Joy Giordano] Motion for Summary Judgment and Brief in Support. (fax)
47 05-19-2011 Defendant [Eva Joy Giordano] Motion for Summary Judgment and Brief in Support. (hard)
48 06-16-2011 Request for Extension of Time to File Response to Motion for Summary Judgment. (e-file)
49 06-17-2011 Defendant [Eva Joy Giordano] Motion for Continuance. (fax)
50 06-20-2011 Defendant [Eva Joy Giordano] Motion for Continuance. (hard)
51 06-30-2011 Department's Motion for Sanctions Against Eva Joy Giordano and Gregory L. Jackson. (e-file)
52 07-06-2011 ORDER: Department's response to the motion for summary judgment shall be filed on or before July 11, 2011.
53 07-06-2011 ORDER: In-person conference scheduled for July 15, 2011 at 10:00 am at the EHB Harrisburg location, Hearing Room 1, 400 Market St., 2nd FLoor, Harrisburg.
54 07-07-2011 Defendant's [Eva Joy Giordiano] Reply to Department's Motion for Sanctions. (fax)
55 07-08-2011 Defendant's [Eva Joy Giordiano] Reply to Department's Motion for Sanctions. (hard)
56 07-11-2011 Plaintiff's Opposition to Defendant Giordano's Motion for Summary Judgment, and supporting Memorandum of Law. (e-file)
57 07-14-2011 OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT: It is ordered that the defendant's Eva Giordano's motion for summary judgment is denied without prejudice.
58 07-15-2011 THIRD AMENDED PREHEARING ORDER NO. 3-CP: Defendant, Giordano, shall be available for a deposition on August 10, 2011. Discovery completed by August 31, 2011; dispositive motions filed by September 9, 2011. Any responses to dispositive motions filed by September 26, 2011. Hearing will be held on October 19, 2011 at 10:00 am in the Harrisburg Hearing Room 1, Harrisburg. (Commonwealth Reporting)...Prehearing telephone conference scheduled for October 17, 2011 at 10:00 am.
59 07-15-2011 ORDER: Whereupon the Department withdrew its motion for sanctions filed on June 30, 2011 it is ordered that the motion is withdrawn.
60 07-18-2011 Defendant [Giordano] Interrogatories Directed to Plaintiff (1st Set); Motion for Reconsideration and/or Motion to Compel Amended Complaint. (fax)
61 07-19-2011 Defendant [Giordano] Interrogatories Directed to Plaintiff (1st Set); Motion for Reconsideration and/or Motion to Compel Amended Complaint. (hard)
62 08-02-2011 Department's Motion for Extension of Time to File a Response in Opposition to Defendant Giordano's Motion for Reconsideration and/or Motion to Compel Amended Complaint. (e-file)
63 08-03-2011 Defendant's Reply to Department's Motion for Extension of Time. (fax)
64 08-03-2011 ORDER: The Board will grant a short extension until August 8, 2011 to file a response.
65 08-08-2011 Defendant's Reply to Department's Motion for Extension of Time. (hard)
66 08-08-2011 Department's Opposition to Defendant Giordano's Motion For Reconsideration and/or Motion to Compel Amended Complaint, and Department's Memorandum in Law in Opposition to Defendant Giordano's Motion to Compel Amended Complaint. (e-file)
67 08-09-2011 ORDER: In consideration of Motion for reconsideration and/or Motion to compel amended complaint and the Department's response thereto, the motions are denied. An opinion will follow.
68 08-16-2011 OPINION DISMISSING MOTION FOR RECONSIDERATION AND/OR MOTION TO COMPEL AMENDED COMPLAINT: (Order issued on August 9, 2011 is attached)
69 08-30-2011 Defendant's Giordano Motion to Compel Answers to Interrogatories. (fax)
70 08-31-2011 Defendant's Giordano Motion to Compel Answers to Interrogatories. (hard)
71 09-13-2011 Defendant [Eva Joy Giordano] Motion for Summary Judgment and Brief in Support of Summary Judgment.
72 09-13-2011 Department's Opposition to Defendant Giordano's Motion to Compel Answers to Interrogatories. (e-file)
73 09-22-2011 Department's Motion To Withdraw Complaint. (e-file)
74 09-22-2011 Department's Motion to Withdraw Complaint with regard to Eva Joy Giordano - DEP v. Kirk E. Danfelt and Eva Joy Giordano. (e-file)
75 09-23-2011 ORDER: In consideration of the Department's motion to withdraw complaint with regard to Eva Joy Giordano, it is hereby granted with prejudice as to Giordano. The case will continue with respect to Kirk E. Danfelt. (Caption amended 9-23-11)
76 10-18-2011 Motion for Default Judgment Against Kirk Danfelt Regarding Assessment of Penalties. (e-file)
77 10-18-2011 ORDER: In consideration of the Departmentís Motion for Entry of Default Judgment against the Defendant, it is hereby ordered that the hearing scheduled to begin on October 19, 2011 is stayed.
78 10-20-2011 Informative Motion and Motion for Default Judgment Against Kirk Danfelt Regarding Assessment of Penalties
79 10-24-2011 Defendant, Eva Thompson's Application for Attorney's Fees; Brief in Support of Application and Proposed Order. (fax)
80 10-25-2011 Defendant, Eva Thompson's Application for Attorney's Fees; Brief in Support of Application and Proposed Order. (hard)
81 10-25-2011 Defendant, Eva Thompson's Application for Attorney's Fees; Brief in Support of Application and Proposed Order. (scan)
82 11-03-2011 Department's Informative Motion. (e-file)
83 11-03-2011 ORDER: ...Counsel for Giordano shall send counsel for the Department a copy of his[Danfelt] brief in support of application for attorney's fees and costs on or before November 14, 2011; Counsel for the Department is granted an extension of time until December 7, 2011 to submit a response to the application for attorney's fees.
84 11-07-2011 Attorney Jackson's letter of November 3, 3011.
85 11-07-2011 Attorney Jackson's letter of November 3, 20122. (scan)
86 12-07-2011 Department's Response to Defendant Eva Joy Giordano's Application for Attorney Fees and Costs and accompanying Brief. (e-file)
87 12-07-2011 OPINION AND ORDER FOR DEFAULT JUDGMENT AS TO AMOUNT OF CIVIL PENALTY: Upon consideration of the Department's unopposed motion for default judgment as to civl penalties, it is hereby granted. It is further ordered that the Board hereby assesses the civil penalty in the amount of $41,250.
88 07-27-2012 OPINION AND ORDER ON ATTORNEY'S FEES PETITION: The application for attorney's fees filed by Eva Joy Giordano (now Eva Thompson) against the Department is granted in the amount of $11,904.50.
89 10-01-2012 Defendant's Motion to Compel/Motion for Sanctions.
90 10-05-2012 Notice of Appearance on behalf of the [Department]: Craig S. Lambeth, Esquire, Southcentral Region, Harrisburg. (e-file)
91 10-16-2012 Department's Response & Memorandum of Law in Support of Response to Thompson's Motion to Compel/Motion for Sanctions. (e-file)
92 10-17-2012 Defendant's Memorandum of Law. (fax)
93 10-22-2012 Defendant's Memorandum of Law. (hard)
94 12-26-2012 Defendant's Praecipe to Withdraw Motion to Compel/Motion for Sanctions and Certificate of Service.
95 05-31-2013 Records transferred to Record Center: EHB Box #1185 - Record Center Box #687146