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Home My WebLink About00-06703 . ' -I.- .. ' , ,,'. , - , ." " ,'., ~'" {" ,',"<'"-- '>~' ','",'"",,:, , - '~ :....'~.' #16 LORRAINE N. HERTZLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - ,LAW JEFFREY D. QUINN, Defendant . NO. 00-6703 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 21st day of August, 2002, before Edgar B. Bayley, Judge, present for the plaintiff was Matthew S. Crosby, Esquire, and for the defendant, Richard H. Wix, Esquire. This is a negligence suit against Jeffrey D. Quinn only. Douglas K. Quinn has been dropped as a defendant. Negligence arising out of an automobile accident is admitted by defendant. Plaintiff claims she suffered severe and permanent injuries to her neck and shoulder which resulted in her undergoing cervical decompression and fusion surgery. She is in her early forties and seeks noneconomic damages. There is no claim for lost wages or lost earning capacity. Plaintiff has made a demand of $180,000.00, and defendant has offered $105,000.00. It is the opinion of this Court that this case should be settled. Estimated time of a half to two days. Edgar B. Ba ley, J. Matthew S. Crosby, Esquire For Plaintiff Richard H. Wix, Esquire For Defendant prs "';;.;,:" '~-"l,,,,,~"." "~!H~~nlk~~;!~~t~'tWill,"H!iil,~l1iWill,*-;f~L ^ ,,- l ~~~,..~ = ""~~, ",~. -,.' " ",'. ,," , ~.- f" -~' " " " " ...':IJll,.JIlii.&" ~~j,~"='~~~~~"= ,~ ~i iF,'.,.',!,.,' , ;,1 I 1'.' it "I ~~i II:! " ., '. (") 0 ~ c: N -uS:: :t:D OJ c:: ---I ~~ :r:-n C<) rn___ ~~ N r- vf;:] CD <.)6 ~8 -0 ::;::f-,-, ::r ~~ ~ ~ om l'\> ;;;! f"" ~ ~~ . ,. L<-",' ._ ,. ""'I~",, ,".'--v ",,--" -.;' -', ,'.- ,,~_,,-,". ,.~/,^'. ';~~~-'J,';'A'.(':'i~:"',::/-:,,,,:' ,,- ~~i; LORRAINE N. HERTZLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6703Civil v. CIVIL ACTION - LAW JEFFREY D. QUINN and DOUGLAS K. QUINN, Defendants : JURY TRIAL DEMANDED PLAINTIFF'S PRE-TRIAL MEMORANDUM I. STATEMENT OF FACTS: This case arises out of a motor vehicle collision that occurred on October 9, 1998, at approximately 3:40 p.m. Plaintiff, Lorraine Hertzler, was traveling eastbound on Park Street in Hampden Township, Cumberland County, Pennsylvania, approaching the intersection of Sporting Hill Rd. At approximately that same time, the Defendant, Jeffrey Quinn, was traveling southbound on Sporting Hill Rd., approaching the intersection with Park Street. The Defendant, Jeffrey Quinn, failed to stop for a solid red traffic for southbound traffic on Sporting Hill Rd., causing the collision with Ms. Hertzler's vehicle. As a result of the collision, Ms. Hertzler suffered severe and . permanent injuries, to her neck and shoulde . These injuries necessitated a cervical decompression and fusion surgery. ) -1- ^ ,)[' \1}, r.y ~\). \ ljlY \ ~I'-" {"; vfJ :y dr1lr ~. ~~ . .'--.; ,. .. . ".' __.'. " ,'.J:,'" '"' ",1,.-', .'" -.~'- ',_,,',1 ,_>'~,:,;,,<"' 'j',;h'.' ""<',<.,,,,,, .\" , "'~' ,,~',i-;",;c" "",,,'1" ",Aic.',. w;:o:i II. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES: Defendant, Jeffrey Quinn, has admitted negligence. The issues of legal -::;-- causation and damages are in dispute. III. SPECIAL EVIDENTIARY ISSUES AND ADMISSIONS None known at this time. IV. ESTIMATED LENGTH OF TRIAL: 2 - 3 days. V. WITNESSES: 1. Lorraine Hertzler. 2. Jeffrey Quinn 3. Ken Dawson. 4. Jeffrey Hertzler. 5. Jessica Hertzler. 6. Robert Frank. 7. Virginia Sheets. 8. Gordon Bostwick. 9. Officer James McAndrew. 10. Dr. Gelb (by way of videotape) Plaintiff reserves the right to call any of the witnesses listed by the Defendants. Plaintiff further reserves the right to supplement his witness list, should additional information become available before trial. -2- .,C-., ,J -,,:'~-< .""".'. 0"_",-'''''_;'''. VI. EXHIBITS: 1. Photographs. 2. Treatment calendars. 3. Deposition transcripts. 4. Anatomical diagrams. 5. Transcribed recorded statements. 6. Police Accident Report. 7. Videotapes and transcripts of expert medical testimony. 8. Medical records. 9. Plaintiffs Complaint and Defendants' Answer with New Matter. 10. Defendants' Answers to Plaintiff's Interrogatories. Plaintiff reserves the right to add or delete from the list of exhibits at trial of this matter, upon proper notice to all counsel and the Court. VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS: Plaintiff has demanded $180,000.00. Defendants' last offer was $90,000.00. I\O~ (JDO Respectfully submitted, , HEN NG & ROSENBERG, LLP BY a hew S. Crosby, Esq. Supreme Court ID No. 69367 1300 Linglestown Rd. Harrisburg, PA 17106 Tel. No.: 717-238-2000 DATE: ~113/02.- Attorneys for Plaintiff -3- '.' ,I '<r'~ .,..' 'C ~.. ,:.-.~ ,'" ,_ ..~c"___ . ~' " ,'. ~ ., ~',' ,- "," -'" '" ,,;" - ~"'f~',' ~~ """>'~' '. <'""'f- . . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, JEFFREY D. QUINN and DOUGLAS K. QUINN, by sending a copy of the same to their counsel of record, Richard H. Wix , Esq., WIX, WENGER WEIDNER 4705 Duke St., Harrisburg, PA 17109-3099, by United States Mail, regular service, in Harrisburg, Pennsylvania on August \'-3, 2002. G,LLP By DATE: x {r3!O ~ Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff ,- '~'. .....*'.-" ^-<.,. ~ ~, '.' .'C, '" _.'.'e: '~,"," :>.' ^ . , ',> . h , , .. .'J LORRAINE N. HERTZLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6703 civil Term JEFFREY D. QUINN and DO~LAS K. QUINN, ?~ Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' PRE-TRIAL MEMORANDUM I. STATEMENT OF FACTS Defendant Jeffrey Quinn admits that he was negligent in causing the auto accident occurring on October 9, 1998. In addition, Plaintiff has stipulated to the dismissal of Douglas Quinn as a Defendant, and therefore the trial will be against only Jeffrey Quinn on the issue of causation and damages. II. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES The issues of causation and damages are the only ones to be submitted to the jury. III. SPECIAL EVIDENTIARY ISSUES AND ADMISSIONS None known at this time. IV. ESTIMATED LENGTH OF TRIAL Two days. V. WITNESSES 1. Jeffrey Quinn 2. Perry Eagle, M.D. 3. Jeffrey Hertzler 4. Robert Frank , "~. -.., ~..-,~. ;--..." '>'Ii, ,~_'~" '.'- '", ' '~'. '"-'-~" " ., . "..."" -'.:ill ~, '--' ~ , " Defendant reserves the right to call any of Plaintiff's witnesses or any of Plaintiff's treating physicians. VI. EXHIBITS 1. Plaintiff's employment records 2. Plaintiff's medical records 3 Transcript of Dr. Eagle's testimony 4. Videotape of Dr. Eagle's testimony VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS Plaintiff has demanded $180,000.00, and Defendant has offered $90,000.00. Respectfully submitted, WIX, WENGER & WEIDNER By ~c~ k ~' Richard H. wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 8/14/2002 . I . ,,~~, "__~ c' ", ,", '~' """ ...;"" --'~ , ~' - ;', -~ ":'f . -. '. . . CERTIFICATE OF SERVICE AND NOW, this 14th day of August, 2002, I, Richard H. wix, Esquire, of the firm of wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendants' Pre- Trial Memorandum this date by depositing a copy of same in the united states mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Matthew s. Crosby, Esquire Handler, Henning & Rosenberg P.O. Box 1177 Harrisburg, PA 17108 WIX, WENGER & WEIDNER By ~c4.z t{. W Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 I '~ ~,'--' ,'~ ._i,",_, 0";., I r '"'. .'....~ J'A-' - _ ~ _ , .'~ ,. "'.'----"'''0'''''< " "',' . , --,. -.",-- ~ii~ LORRAINE N. HERTZLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 2000- /.. ?63 Civil v. : CIVIL ACTION - LAW JEFFREY D. QUINN and DOUGLAS K. QUINN, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue two Writs of Summons against the following Defendants, who both reside at the following address: 1) Jeffrey D. Quinn and 2) Douglas Quinn both at 620 Apple Drive Mechanicsburg, PA 17055 and have the Sheriff of Cumberland County serve the Defendant at this address. Respectfully submitted, HANDL NNlNG & ROSENBERG DATE: q/~9/0D Matthew S. Crosby, Esq. ID No. 69367 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, PA 17108 Tel. No.: 717-238-2000 Attorneys for Plaintiff .'JlOj, Ll"E;{;g;,; . . Commonwealth of Pennsylvania County of Cumberland WRRAINE N. HERTZLER Court of Common Pleas VB. No. _____mQQ.:-.!i_IQ~_~!yH__'ii~~__mm 19____ JEFFREY D. QUINN AND OOUGLAS K. QUINN 620 APPLE DRIVE MECHANICSBURG, PA 17055 In ___ d __ uG.! yJ-_L~9j:A'2D _.::._JA~___ ____________ Jeffrey D. Quinn and Douglas K. Quinn To _____________________________________________ You are hereby notified that ._ _ _ _!9.E~e:!-AEL ~.:_ J!~!j:_~1~!"_m_ ____d _m_ m_.m _m_m_ _____m__ m___ ___ _ _ ____ _ _ _ _ __ _ ____ the Plaintiff haS commenced an action in uuCi.'liLili:.tiOIl..'::_LaYl_____________h_____________n against you which you are required to defend or a default judgment may be entered against you. (SEAL) . c- - __ _____ _c.ur:l:J.s_R.__WD.9. ____ _ __ _ _ _ _ _n _ ___u Prothonota'Y Date _QS'!:9R~~_?~_~Q.9_q,___________ 1L__ ~[L~~ DeputYLC~ ",,'j, ~~~rW-~~~f~,;"~,,iI!i$ill;l~lk~1ll.<i'Jj',;~""';;E:\$';~;;~~t~~1iiIllIl~1 ,~jj~~ffi' f,~tlll~ ~ d "l!II!l(ilar ~~ . . ~ -', i I II !I :1 Ii .1 Z H-.J&OjI-'~ ~~8t;J I p . I-' . W I t:1-.J'100rt 000"1 I . I Ii. 0 rt ~~~~ ~ "'f-'-& :;r ~~g}X ~.~ 0 f-'- 6., . I ~ ::> <: I bJl;j~t:1 t:l N I-'LQ (f.l f-'- m 01.0 I-' 1--'. I-' tll .. Z ~ :> \.0 0" -J (1) ~ ~ !iLo '8 h we> -.....loon S '" OJ rt'1 ~ SJ ~. j -.J ;t; ~g rt ~~~~ f-'. ~ ~ I-' CJ' g -.J '<: N H I-' ::0- ... ~ i g @t%J I = I-' ~ -.J o.rn i 0 .0 U1 I . U1 I - '" I I I I ""^c-,,,~ >,,~,' ',",,',<r, ,~'",~,>n"',"->~,"',~ ,~ _ ~,~,~ , ." ,. ,~__" <. ,. ,". .' ','T~ v ,_ . ,.' <",. ,." ".,0,'.'.. , ~,'"~= ~- "'~" .. J ,,, ~"'ti llw;<i \ l' CASE NO: 2000-06703 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERTZLER LORRAINE N VS QUINN JEFFREY D ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon QUINN JEFFREY D the DEFENDANT' , at 0020:25 HOURS, on the 9th day of October ,2000 at 620 APPLE DRIVE MECHANICSBURG, FA 17055 by handing to DOUGLAS QUINN (ADULT SON) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 sO;;~~1 R. Thomas Kline me this J'f !::'- day of 10/11/2000 HANDL:: H~~Rfl~ _ Deputy Sheriff Sworn and Subscribed to before (fl,"'P.:'.J." > ~ A.D. C1;-[><-- 0. l1..dl,: / ,tq.IJr,' P othonotary , "'~ ~1IIiIIIli ~' . ..;......lil~'I>' SHERIFF'S RETURN - REGULAR , ~ CASE NO: 2000-06703 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERTZLER LORRAINE N VS QUINN JEFFREY D ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland county,pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon QUINN DOUGLAS K the DEFENDANT , at 0020:25 HOURS, on the 9th day of October ,2000 at 620 APPLE DRIVE MECHANICSBURG, PA 17055 by handing to DOUGLAS QUINN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~I'."'t:~t R. Thomas Kline 10/11/2000 HANDLER, HENNING & Deputy Sheriff - Sworn and Subscribed to before By: me this IF ~ day of CP~ ;Lfr/IlJ A.D. C ~~. f) /n~o~ ~r P othonotary I . ~". , ' . '.V,_ ,__L_ ~, 'p ,-cd' J' '"-.""."- " "C_. K-. ,~,'j;-;",,'., -" -.", '-. .,' -,'. '-,~' ' ---,'~,',~:;'"',,,. ~,,-,, ,~,~ ';"';'- 'I i I i i I , I I I I I I i I , I , i ! I j , LORRAINE N. HERTZLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6703 civil Term JEFFREY D. QUINN and DOUGLAS K. QUINN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of the Defendants in the above-captioned matter. WIX, WENGER & WEIDNER By ~iCJva,..1 1-1.. W~ Richard H. Wix, I.D. #07274 Attorneys for Defendants 4705 Duke Street HarriSburg, PA 17109-3099 (717) 652-8455 Dated: December 27, 2000 '" k;' .\. "'-"~lIlr~~~' "~:":~';-lM .~ r ~ ,,~ , ~,..;."-~' ~ ,,~ ' .~'o _~ ~'~' .' ~- .', .,,~ 'jj. o c :s.:: -CJrJ i mr=-?, Z::,) ~;: ~F5 p~; ~ -,~' I (:::J c' o r"'i ,-, N CD :~~ ::"'J i~:9 S~~ ",.'n '.-;::,r') (~;,nl ~ "'"' 5.1 -< ,0 :!l f";' b ;; ',}/$ ~- ~~"~~~~- _M> . ''"' WlI!t--,,.,,.\,;,, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue rule on Plaintiff to file a Complaint in the above case within twenty days after service of the rule or suffer a judgement of non pros. DATE: 12/27/2000 signature: ~e.k.t .j.[ w.; Print Name: Richard H. Wix. Esq. Attorney for: Def~nd~nrH Address: 4705 Duke Street Harrisburq, PA 17109-3099 Telephone No: (717) 652-8455 Supreme Court ID No.: 07274 '~~~ ;).C66 NOW, , ,'" ~12..- .::2L-, "N _, RULE ISSUED B~ (NOTE: File in duplicate) PROTHO/'l.-12 '. /~~i''';'~'i'''' ,I., i ~"-'~!%i~fH',jfIM;~~~~'lli'~'!tiiEi"~i&i&"--~"lIa;ic-litFj;'\'>&;,'iY,;,,j,k,j',,ill','L>Mil@i-:LJ'llJt~jl;' ~ ,~~"" '".~.v, .,~. - ,- [L~ ' ,,"~" o."'''"".-.~~~ o c ~-::. --OCt, rlln' ;Z:,:r, 2.5 Cf),__-::, ~~~- t;: C) :ec; ?,-,-) pc: ~ ~'~- ..-"'c co c, d pOi "" i-...:J CO ~,---~,- ,- ..-\ ~j':: .,-' .i~ " "l I~';, (}:), ~~?, ~ '< r:-? => " " I ..,_/", ." ~. '''''.~'. ,'," <, ,_ ,",-, '~_'_,O-' '-, h'" ',," ',,,,;J.,, '""'",,~,,--,,wo'" T,,"': -","'--',;-," . 3:'>..i'~'" '--" ''',"~'' .',,f':,;,-"',C'" ,'- ,') ;';~'<:'<,e,,"_' ,: ,,' -,~: , ,. , LORRAINE N. HERTZLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6703 CIVIL TERM v. CIVIL ACTION. LAW JEFFREY D. QUINN and DOUGLAS K. QUINN, Defendants JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-6166 B Matthew S. Crosby, Esq. 1.0. #69367 1300 Linglestown Rd. P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 DATE: II \0/0f Attorneys for Plaintiff . ~~-"-'~ ..,., ",""" ___ ' '" _.' .",.'_'"".,,, .' .- ".-- "I'" -',' ~ ',..' . ,~ '.'; .~ .'';;-' ",J",;.,Q'''''':'':','l.ic'"\', ",. . "',',,' ;"''''''~'o.::"".,.,~'__ ~,. ~""'::",ul , ,. , mgh/complai nt/mva/he rtzler LORRAINE N. HERTZLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-6703 CIVIL TERM JEFFREY D. QUINN and DOUGLAS K. QUINN, Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Lorraine N. Hertzler, by and through her attorney, Matthew S. Crosby, Esq., of HANDLER, HENNING & ROSENBERG, and makes the within Complaint against the Defendants, Jeffrey D. Quinn and Douglas K. Quinn, and avers as follows: 1. Plaintiff, Lorraine N. Hertzler, is an adult individual currently residing at R.R. #2, Box 453, New Bloomfield, Perry County, PA 17068. 2. Defendant, Jeffrey D. Quinn, is an adult individual currently residing at 620 Apple Drive, Mechanicsburg, Cumberland County, PA 17055. 3. Defendant, Douglas K. Quinn, is an adult individual currently residing at 620 Apple Drive, Mechanicsburg, Cumberland County, PA 17055. 4. At all times material hereto, Plaintiff, Lorraine N. Hertzler, was the owner and operator of a 1993 Ford Tempo, bearing Pennsylvania Registration Number BFK 2559. Page -1- "'" .~'o' , "",,',"' ,. ~, O."~ ""_ ^',,'<"""""__S'\'""_"',c'cc,,".'_"C,."'" ","~,:,/<.:",-~;.", ~ --~,--~ ,.", ,>,'J. o:~: ,. " 5. At all times material hereto, Defendant, Jeffrey D. Quinn, was the operator of a 1989 Mazda 323 SE, bearing Pennsylvania Registration Number BTD 0981, owned by Defendant, Douglas K. Quinn. 6. At all times material hereto, there were no adverse weather conditions, but the road surface was wet. 7. On or about October 9, 1998, Piaintiff, Lorraine N. Hertzler, was traveling eastbound on Park Street Extended in Hampden Township, Cumberland County, Pennsylvania, approaching the intersection of Park Street Extended and Sporting Hill Road, when she came to a complete stop pursuant to a red traffic control signal at said intersection. 8. On or about October 9, 1998, Defendant, Jeffrey D. Quinn, was traveling southbound on Sporting Hill Road in Hampden Township, Cumberland County, Pennsylvania, approaching the intersection of Park Street Extended and Sporting Hill Road. 9. When the traffic control signal for eastbound Park Street traffic turned green, Plaintiff proceeded through the intersection to make a left turn onto Sporting Hill Road. Suddenly and without any warning, Defendant, Jeffrey D. Quinn, failed to obey a steady red signal for southbound Sporting Hill Road traffic and slammed into the driver's side of Plaintiff's vehicle. 10. Prior to the aforementioned collision, Progressive Insurance Company issued a policy of automobile insurance to Plaintiff, Lorraine N. Hertzler. Said policy was in effect on October 9, 1998, the date of the collision. Page -2- -"' . .~-, ." - .~--~, ~,'^'--"-"," ~'.U="'. ."",=, ^"""""~'''''~'''''''''..-1;..,'''''~,,,,>, ,~.~ -,'x,,_ ;';""':;;;:",;,'''' '~"" 'il;;!,ji " 11. Plaintiff elected the limited tort option as enumerated in the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. ~ 1705 (a) (1) (A), et sea. as amended. Plaintiff remains eligible, pursuant to 75 Pa.C.S.A. ~ 1705 (d), to seek compensation for non-economic losses due to the serious nature of her injuries and the serious and permanent disfigurement she has sustained. COUNT I - NEGLIGENCE LORRAINE N. HERTZLER v. JEFFREY D. QUINN 12. Plaintiff incorporates paragraphs 1 through 11 of this Complaint as if set forth at length. 13. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Lorraine N. Hertzler, were the direct and proximate result of the negligence of Defendant, Jeffrey D. Quinn, generally, and more specifically, as set forth below: (a) In failing to operate his vehicle in such a manner so that he could apply his brakes to avoid striking Plaintiff's vehicle; (b) In failing to obey a steady red traffic control signal and proceeding through an intersection when such movement could not be made safely, thereby causing the collision with Plaintiff's vehicle, in violation of 75 Pa.C.S.A. ~ 3112; (c) In failing to exercise the high degree of care required of a motorist entering an intersection; (d) In failing to operate his vehicle under proper and adequate control Page -3- ,.' , ',,~~ ".._~ ~-i,' ,'- '-,'", <10--0 ., """,,';; 'c,"'" ,:::.~' ~,__",-,__,,' """,'e~ ',,,;.. , ."."0. .;,_, - .' so that he could have avoided striking Plaintiff's vehicle; (e) In failing to maintain proper and adequate observation of the existing traffic conditions; (f) In failing to keep a proper lookout for vehicles lawfully on the highway; (g) In failing to yield the right-of-way to vehicles lawfully traveling on Park Street Extended; (h) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa.C.S.A. ~3361 ; (i) In failing to operate a vehicle at a speed, and under such control, as to be able to stop within the assured clear distance, in violation 75 Pa. C.S.A. ~ 3361; In failing to be reasonably vigilant to observe Plaintiff's vehicle; and so of (j) (k) In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa.C.S.A. ~ 3714. 14. As a direct and proximate result of the negligence of the Defendant, Jeffrey D. Quinn, the Plaintiff, Lorraine N. Hertzler, sustained serious personal injuries including, but not limited to, permanent scarring, injuries to her back and neck, including a disc herniation at C6-7 and muscle spasms. 15. As a direct and proximate result of the negligence of the Defendant, Page -4- . ' ,',"M," --- '~,"~' - '" ,,'..,,-1 <_~-",,,,'j.~ ~',;,,,,,~' , ~ " ' ." .. ',,,-,, h _ ',:, " '" . ., "C. '" '" .'" '''I " Jeffrey D. Quinn, the Plaintiff, Lorraine N. Hertzler, has been, and will in the future be, hindered from attending to her usual daily activities and duties, to her great detriment and loss. 16. As a direct and proximate result of the negligence of the Defendant, Jeffrey D. Quinn, the Plaintiff, Lorraine N. Hertzler, has suffered great physical and emotional pain and discomfort and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 17. As a direct and proximate result of the negligence of the Defendant, Jeffrey D. Quinn, the Plaintiff, Lorraine N. Hertzler, has been compelled, in order to effect a cure for the aforesaid injuries, to expend money for medicine and/or medical care and attention. Plaintiff continues to receive treatment and incur expenses for said injuries, and will be forced to do so in the future, to her great detriment and loss. 18. As a direct and proximate result of the negligence of the Defendant, Jeffrey D. Quinn, the Plaintiff, Lorraine N. Hertzler, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, Jeffrey D. Quinn, Plaintiff, Lorraine N. Hertzler, has sustained a loss of wages, and may continue to suffer the same in the future to her great detriment and loss. 20. Plaintiff, Lorraine N. Hertzler, believes and, therefore avers, that her Page -5- - " "- '~' ,~-- ~<,'" ""',~'-""',.;;--- "--"--,,"--':;"",..'1,,,,- __ -- ,<".,;",-__.1',', -....j ',_,'~_,.":,, ,,' __ _' :-"",,_ .__'. "" '. w""j .. injuries are permanent in nature. WHEREFORE, Plaintiff, Lorraine N. Hertzler, seeks damages from Defendant, Jeffrey D. Quinn, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interests and costs, and demands a trial by jury. COUNT II - NEGLIGENT ENTRUSTMENT LORRAINE N. HERTZLER v. DOUGLAS K. QUINN 21. Plaintiff incorporates paragraphs 1 through 20 of this Complaint as if set forth at length. 22. Defendant, Douglas K. Quinn, was the owner of the 1989 Mazda 323 SE, which Defendant, Jeffrey D. Quinn, was operating with his permission at the time of the collision. 23. Plaintiff believes, and therefore avers, that Defendant, Jeffrey D. Quinn, was operating the 1989 Mazda 323 SE at Defendant, Douglas K. Quinn's, direction and for his benefit. 24. Defendant, Douglas K. Quinn, knew, or should have known, that Defendant, Jeffrey D. Quinn, would be operating his vehicle without reasonable care and safety. 25. As a direct and proximate result of the negligence of the Defendant, Douglas K. Quinn, the Plaintiff, Lorraine N. Hertzler, has suffered serious bodily injury as set forth in full herein. Page -6- ."",,.,,'" ,_..',-'$',," '.' ..",,,,,. ~..;c:--I'~' ,'",',:.,. '-~'">~"~,,,,. - -'"'''~''''''' 'L'"~ ,;"...!":..-;,,,',; .-".' .', ~,,,'- . '~jj 26. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Lorraine N. Hertzler, were the direct and proximate result of the negligence of the Defendant, Douglas K. Quinn, in allowing Jeffery D. Quinn to operate his vehicle when he knew or should have known of Jerrery D. Quinn's propensity to operate motor vehicles as set forth below:: (a) In such a manner so that he could apply his brakes to avoid striking the rear of Plaintiff's vehicle; (b) In such a manner so as to, to fail to obey a steady red traffic control signal; (c) In such a manner as to, to fail to exercise the high degree of care required of a motorist entering an intersection; (d) Without proper and adequate control over said vehicle so that he could have avoided striking Plaintiff's vehicle; (e) Without maintaining proper and adequate observation of the existing traffic conditions; and (f) Keeping a proper lookout for vehicles lawfully on the roadway. 27. As a direct and proximate result of the negligence of the Defendant, Douglas K. Quinn, the Plaintiff, Lorraine N. Hertzler, sustained extensive personal injuries including, but not limited to, permanent scarring, injuries to her back and neck and muscle spasms. 28. As a direct and proximate result of the negligence of the Defendant, Page -7- ,~ _8 ',,"; -'~ ~ _"'_c c- n-k.. - " ;",- <,' ~,"".' ,,,"',J;, ,---~ ,'" - " , " I ".q ,I I I ! ,. i I , .1 j .I 1 Douglas K. Quinn, the Plaintiff, Lorraine N. Hertzler, has been, and will in the future be, hindered from attending to her usual daily activities and duties, to her great detriment and loss. 29. As a direct and proximate result of the negligence of the Defendant, . 'I 'J I I i I . il " II I ,i I il 'i i] ji ,I I i ,I ,I I- II I I I I i I I I I i :1 1 il j I I Douglas K. Quinn, the Plaintiff, Lorraine N. Hertzler, has suffered great physical and emotional pain and discomfort and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 30. As a direct and proximate result of the negligence of the Defendant, Douglas K. Quinn, the Plaintiff, Lorraine N. Hertzler, has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medical attention. Plaintiff continues to receive treatment and incur expenses for aforesaid injuries, and will continue to do so in the future, to her great detriment and loss. 31. As a direct and proximate result of the negligence of the Defendant, Douglas K. Quinn, the Plaintiff, Lorraine N. Hertzler, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 32. As a direct and proximate result of the negligence of the Defendant, Douglas K. Quinn, the Plaintiff, Lorraine N. Hertzler, has sustained a loss of wages, and may continue to suffer the same in the future to her great detriment and loss. Page -8- ".=".~-_.' -~ '"'.- ,,~ ,.--t.~" ,,;~'__c","'. . .!.,.:",;fi,'''")c',',_'<\ "'" 't'.,'" .",.,..;,; 0"--, 33. Plaintiff, Lorraine N. Hertzler, believes, and therefore avers, that her injuries are permanent in nature. WHEREFORE, Plaintiff, Lorraine N. Hertzler, seeks damages from Defendant, Douglas K. Quinn, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interests and costs, and demands a trial by jury. Respectfully submitted, 1/1'5/0/ Date: By: Matthew S. Crosby, Esquire Attorney I.D. #69367 1300 Linglestown Road P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff Page -9- " .,. .'.. ."c",-,c"__,.",-",,_,~ ' . 'I,'" ',"",.' .' -'--;~"<""",j', """,'u~\,,,\~'''' '~:'~"--'i'4. ".' .);~,'-,' '_ _,."___''-n.' ,I 'I I , I I , VERIFICA rlON The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~ ?j1~~ Lorraine N. Hertzle Date: -1J1S/O{ ,"~ 'C'~"'If' ."-,~--,,,~,',.' ,c..,' ,,",~ ''''--<T''_' ,,~,"'" , '--, '",,"" , ~ "o"":irr: ! " CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, JEFFREY D. QUINN and DOUGLAS K, QUINN, by sending a copy of the same to their counsel of record, Richard H. Wix, Esq" WIX, WENGER WEIDNER 4705 Duke St., Harrisburg, PA 17109-3099, by United States Mail, regular service, in Harrisburg, Pennsylvania on January ~, 2001. HANDLER, HENNING & ROSENBERG DATE: ( J 1'S!O/ By Matthew S. Crosby, Esq, Attorney I.D. #69367 P,O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff .. , ..-~,. I'.', "r"',_..;,,~." _...,,,'.;,~,,, """."',' ,,'~.' ' "~ ..'~'_.'__" .,..,.'._"(.,';,,c'__i ~~ . , LORRAINE N. HERTZLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6703 CIVIL TERM v. CIVIL ACTION - LAW JEFFREY D. QUINN and DOUGLAS K. QUINN, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiff's First Set of Interrogatories and the Plaintiff's Request for Production of Documents Directed to Defendands were served on the Defendants, JEFFREY D. QUINN and DOUGLAS K. QUINN, respectively, by sending a copy of each said document to their counsel of record, Richard H. Wix , Esq., WIX, WENGER WEIDNER, 4705 Duke St., Harrisburg, PA 17109-3099, by United States Mail, regular service, in Harrisburg, Pennsylvania on January Jh, 2001. HANDLER, HENNING & ROSENBERG atthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff DATE:---1/ IS J 0 ( -, """h ~., '0 " " .~ 'i ~"-'--'~",-.f,.." , .' . .m . ',"'~'.L;' ~",.,..>',>;';;;-'; 1,_,:) " - .. LORRAINE N. HERTZLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, PENNSYLVANIA v. NO. 00-6703 Civil Term JEFFREY D. QUINN and DOUGLAS K. QUINN, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this JSJ".' day Of~, 2001, I hereby certify that I have, on this date, served the within Plaintiff's Responses to Defendants' First Request for Production of Documents, by sending a true and correct copy of same to the attorney of record, and including a copy to all parties of interest via first class United States rnail, postage prepaid, and addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 HANDLER, HENNING & ROSENBERG By: Matthew S. Crosby, Esquire - . ~~ __.", e'~ , .. _, '~'__'<~"~"'_~""^~'__"'__ ~ . LORRAINE N. HERTZLER, Plai ntiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6703 Civil Term JEFFREY D. QUINN and DOUGLAS K. QUINN, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this J-S~ day of 2001, I hereby certify that I have, on this date, served the within Plaintiff's Answers to Defendants' Interrogatories - Set I, by sending a true and correct copy of same to the attorney of record, and including a copy to all parties of interest via first class United States mail, postage prepaid, and addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 HANDLER, HENNING & ROSENBERG By: ~ ~ Matthew S. Crosby, Esquire ~'.~, d U - , ",'~,"",," =--~~'." k"'" " '. ';..,.~ 1Si!)lj, - ... LORRAINE N. HERTZLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6703 Civil Term JEFFREY D. QUINN and DOUGLAS K. QUINN, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE d ~'IL AND NOW, this \) day of , 2001, I hereby certify that I have, on this date, served the within Plaintiff's Answers to Defendants' Interrogatories - Set I, by sending a true and correct copy of same to the attorney of record, and including a copy to all parties of interest via first class United States mail, postage prepaid, and addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 HANDLER, HENNING & ROSENBERG By: Matthew S. Crosby, Esquire . J," ,'-" . --, ,.' ~ _, .1---' . ^,', ,"."':,, ,~..-..,,~~', '0-'-" ';r." ; "'';';'",:;<,',.'i'4.i0: ';.';i'" '-c." .,.", .,..~ ~-"" 'ill ! ! , LORRAINE N. HERTZLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6703 Civil v. CIVIL ACTION - LAW JEFFREY D. QUINN and DOUGLAS K. QUINN, Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS AND NOW, comes the Plaintiff, LORRAINE N. HERTZLER, by and through her attorneys, HANDLER, HENNING & ROSENBERG, by Matthew S. Crosby, Esq., and replies as follows to the Defendants' New Matter: 34. Denied. The allegations set forth in Paragraph 34 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 35. Denied. The allegations set forth in Paragraph 35 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. Page -1- -, '"", '''''-'''',-, '" "."",~,- ~C'-"<'h,,,. ", ;j" ""'''''~',,~_=~c-;''';#.'';'~''''''''''*''i(.'_ d~,", "''/-''':''-~i WHEREFORE, Plaintiff respectfully requests this Honorable Court deny Defendants' allegations and enter judgment in favor of the Plaintiff. Respectfully submitted, NNING & ROSENBERG By M ew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff DATE: Page -2- ..-.~ ,.-' -, " c. ~.~' --,,',--, _'".< "'- ,--.",,-~~," .,~~;",~,.~'" ='~.J.">",-,',;'j',',.',_".,. "'--.':"jfi , ' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendants by sending a copy of said document to their counsel of record, Richard H. Wix, Esq., WIX, WENGER WEIDNER, 4705 Duke St., Harrisburg, PA 17109-3099, by United States Mail, regular service, in Harrisburg, Pennsylvania on March 2(,2001. G & ROSENBERG DATE: 3Idt/UJO) By Matthew S. Crosby, Esq. Attorney 1.0. #69367 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff ~" = .- .< . ~,' ,----- " ~, '",'. - ~~' ',- '.-.~ "__c-".,~I '~. ;1.;"',;,j LORRAINE N. HERTZLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6703 Civil Term JEFFREY D. QUINN and DOUGLAS K. QUINN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Lorraine N. Hertzler; and Matthew S. Crosby, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WIX, WENGER & WEIDNER By Th~ II. W-I Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendants 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: ~/;J.,;I,/b/ - ~, ,~. ,'"',. .'.' ~," ,'''~'''~~ '>Om' "" "",^,- ',";,'''''',~' """.'1'"c. "--,t'.'.:.t>.'~'-';,'J, '".'-.- ~,~- ,.~'lit~, LORRAINE N. HERTZLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6703 civil Term JEFFREY D. QUINN and DOUGLAS K. QUINN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW cdme the Defendants, by their attorneys, Wix, Wenger & Weidner and set forth the following Answer with New Matter to Plaintiff's Complaint: 1. Admi tted . 2. It is admitted that Jeffrey Quinn is an adult individual; it is denied that he resides at 620 Apple Drive. 3. Admitted. 4. Admi tted. 5. Admi tted. 6. Admi tted. 7. Admitted. 8. Admitted. 9. It is admitted that Defendant Jeffrey Quinn was negligent in causing an accident between the parties' vehicles. 10. Admitted. 11. Paragraph 11 sets forth a conclusion of law to which no answer is required. ',"'-" ct'- '''' '.' '. ,,"",; .'" ";:"ci,,'I,,""""""" ,_~h'~.i~""",.,<",~ ~,-,,=".:i'C--"';t;, '...",' ,'" ,~',",i:~:j I I I i I I ! 12. Defendants incorporate herein by reference their answers to paragraphs 1 through 11 of the Plaintiff's Complaint. 13. It is admitted that Defendant Jeffrey Quinn was negligent in causing the accident. 14. Denied. 15. Denied. 16. Denied 17. Denied. 18. Denied. 19. Denied. 20. Denied. 21. Defendants incorporate herein by reference their answers to paragraphs 1 through 20 of the Plaintiff's Complaint. 22. Admitted. 23. Denied. 24. Denied. 25. Denied. 26. Denied. 27. Denied. 28. Denied. 29. Denied. 30. Denied. 31. Denied. 2 . '.'~ " ,". - ~'''''"''''"' .,^,,, --.<" '.."--,.,' "^," ". "'''''''""",,,,,,''';.<'^,,,.;. .""," ,"" ".'J""""h-k'.,' .,:;,;:;<..'iil 32. Denied. 33. Denied. NEW MATTER 34. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 35. Plaintiff's claims may be barred in whole or in part by virtue of her own contributory negligence. WHEREFORE, Defendants demand judgment against the Plaintiff, together with costs of this action. Respectfully submitted, WIX, WENGER & WEIDNER By 10('~ 1(. lv~ Richard H. Wix, Esq., ID# 07274 Attorneys for Defendants 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: March 22, 2001 3 ", . ., >' 'I. ., ,~ '." ",:, u' "-'" '-" ,~ ','~'-'~ " .~- ,<""",.; ;;,1";',-,/ ;"--""~",.C",,','/i,""~': C."" """,,';, -."" ,,'" ." ''I:i VERIFICATION I, Douglas K. Quinn, have read the foregoing Answer with New Matter to Plaintiff's Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be SUbject to criminal penalties. Date: j/14/01 DO!'~ !.{f~ . -- "-- ., . ... - ~" - "~"'~','" ,'--~ " . ;.0"- ,',r""r,..o,,-, .. - '^~,~>i"'-"",-,, ',E'-~'", "";~.,"',,-<, 'f-';;c.,c "'""k,':~i CERTIFICATE OF SERVICE AND NOW, this 22nd day of March, 2001, I, Richard H. wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendants with New Matter to Plaintiff's Complaint this date by depositing a copy of same in the united states mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 WIX, WENGER & WEIDNER BY_~~ {i. W.d Richard H. Wix, Esq., 1.0. #07274 Attorneys for Defendants 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 ,-,.,- k--,'" ,~,'~. '" '-,,"'. "",,", "...,),>,.',,~,. ~".v:"-,",. ."" PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF GuM8EiiL.Ai-.u COuNTY Please list the following case: (Check one) .t><1. for JURY trial at the next term of civil court. ) for trial without a jury. . .nnU____n_u~____u____~_.._n~~~___~~_~n___~_n_._.________.nn.un_h._n__n___n_______.dn_ndn__.nu____n.__un.__....._.n.~_.nn._.n_~___n_.__._____ CAPTION OF CASE (entire caption must be stated in full) (check one) Assumpsit LORRAINE N. HERTZLER, Trespass .l><J Trespass (Motor Vehicle) Motor vehicle collision (other) (Plaintiff) vs. JEFFREY D. QUINN and DOUGLAS K. QUINN, The trial list will be called on June 11,2002 and Trials commence on July 8, 2002 (Defendant) June 19, 2002 Pretrials will be held on (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shali provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 2000-6703 Civil ___ Indicate the attorney who will try case for the party who files this praecipe: _________._ Matthew S. Crosby, Esq., 1300 Linglestown Rd., Harrisburg, PA 17110 Indicate trial counsel for other parties if known: __________.___.._._m__....,'....... ...___ _.. '" Richard H. Wix, Esq., 4705 Duke St., Harrisburg, PA 17109-3099 This case is ready for trial. ----"g,,~-~. , Matthew S. Crosby. Esq. Print Name: __"'__._,_"..__. . . l8IIii' . ..'. ~'"""^,'t.,"y'v,'~"~ ","'w'~>"~""".~". ,': """F''-' -"^",.,,.,",'.'. .;"',_,,',,,~o~.. '. ',-- .";,..!,.~,,, ., . ,"..... . ,',_\':"'(.,;..,'!1",..;,,;''.. ~.o;'''r''~, . . ~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, JEFFREY D. QUINN and DOUGLAS QUINN, by sending a copy of the same to their counsel of record, Richard H. Wix, Esq., WIX, WENGER & WEIDNER, 4705 Duke Street, Harrisburg, PA 17109-3099, by United States Mail, regular service, in Harrisburg, Pennsylvania on April 5, 2002. NING & ROSENBERG, LLP DATE: 1/ 516~ By Matthew S. Crosby, Esq. Attorney I.D. #69367 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff j' ~" ~, ""''''''',''''''''',", ",-- 'J',- Jl " ,IJ'-"..-,-~,,,"',"'" "', "..,,, " ",.I' ,,,,,r;,1t:,,,;, .",1.",:0;1" '~""" .':.... if___' ~.. '", . -', .~ ,r .-~ 'c,"" ,,'''' """",,~",s.. "",y ^"'''~ , c ~~ ,~""m-'__'"'' "'" ,,,',,~, ,-"'" ..... ., " ..-, . (") <::) (") c: 1'.) '1 $':. :p", ~::~~:D -0 CO --a rnfT' :AJ -/-.-, " 'r- ""_..r__ , C\1~~ Z~' (f)." u) -':;::L: '-C :;r:;~ ".:- " <; <:i;Q :.c-"" ~ 7" .';........ ~ :=0 S) qrn PC: Z G..) ~ :::J , (Tl -< ~.. 1i.1 Lorraine N. Hertzler v. Jeffrey D. Quinn, ., Plaintiff Defendant -I'"'' ~ ,', _'0 ""' -- " > -"-,' "'~,I"';,iI_" ."''''''''+':''''"''''""~',,,,,- '-~""~-. " '''1irn, T > IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6703 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On 5/7/02, I hereby certify that a true and correct copy of Notice of Videotaped Deposition of Daniel E. Gelb , MD was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Dated: 5/7/02 Richard H. Wix , Esq. Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 nNNING & R NB G , Matthew S. Crosby, Esq. I.D. #69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff ---' "," ~:i.,' ~6 .." ~',-,-",~,;",' ':ih)Uil '"," , > -,' " "'~' .~ ",,., .~"~-, " ;';i~ '" , ~ ~ .". "'''' ' ~'~",.' ~> . (") CJ C) C. l",.) -r'~ ~' .-l.. ,) ;.:. ~ ',.:.L> " >:; 1"1'1 -', iT~ . I Y U;, ) co , , .-< --:, '::) C.: -, '. ~~ C .' .. I (-:; (--. Iii ~':? ~._': ~. ( i~; ,r:- ::Ij :;J ',- -, - ir:- "h''W.l'''~~_ 9. Lorraine N. Hertzler v Jeffrey D. Quinn and Douglas K. Quinn ] IIU'J~_\' : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6703 CIVIL TERM ORDER OF COURT ) t~ AND NOW, June 11,2002, counsel having failed to call the above case for trial, the case is stricken from the July 8, 2002 trial term. Counsel is directed to relist the case when ready. )K1:atthew S. Crosby, Esquire For the Plaintiff IJtichard H. Wix, Esquire 1"or the Defendant Court Administrator ld By the Court, ""l IT!l,'IlflIIIIIlJiJ..- ~ . "TII!IT _~. ~ .- :..., , " ,~,',~,~ '~ ^>,' <"0" , .'"'~' ~". <2 ./ ~ --o~ I'm.; 'k,;:' %t.;, ()1.:";:.-: ~v he] be) Y'i 2. , ~ ('.;;J f.-- ~ ~- .- .0;:- ~. ' c"'".._""'~~, ~ ,~,\ --<(.--n ;...,~r:::=- . _'(11 -':::,1-,0 :;::') ,\.. :::-J,:;J. ~r)~~ ~79, ty" ;:;cI ~ ..., -,;. v:> .- >;:" <.J1 ?f'" ,.nfml,~ ,.,,,,,..~~~~l~...~ ".1" ~~~~~-'1' .)'~:~ '~ . , . "l~' '- ~,,~" ''-'.'-'-,,,c,',,~ ",.C., ~~"' ","0,10'.' '.',,"" ,-"t ".",;,- 't~,,,,,f:G1:,':,;i;,,,__' ',.~._"'", ">ii .. -.. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X'l for JURY trial at the next term of civil court. for trial without a jury, . CAPTION OF CASE (entire caption must be stated in full) (check one) Assumpsit LORRAINE N. HERTZLER, Trespass (>Q Trespass (Motor Vehicle) Motor vehicle collision (other) (Plaintift) vs_ The trial list will be called on August 13, ,!C02 JEFFREY D. QUINN and DOUGLAS K. QUINN, and September 9, 2002 Trials commence on (Defendant) August 21 2002 Pretriats will be held on '__ (Briefs are due 5 days before pretrials_) vs, (The party listing this case for trial shall prOVide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) 2000-6703 No, Civil __,__ Indicate the attorney who will try case for the party who files this praecipe: ______m____ Matthew S. Crosby, Esq., 1300 Linglestown Rd., Harrisburg, PA 17110 Indicate trial counsel for other parties if known: Richard H. Wix, Esq., 4705 Duke St., Harrisburg, PA 17109-3099 This case is ready for trial. Signed: ______ ____ Print Name: ~~tthew~,-~~~s~y, Esq. , - . ^^ "'"'" , -~'<' ^ ,." ,-~- -. = '..'"1 'U,,,-" '.'. ',' ~-<'-- -",~, '",,, ,'<,,' "li,"" ,"""<',~~" Y.'"',".." '~i "., "',, ','" '" ":_~.,, ,""'~,.' < '"~ """ ';;:, . .... CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, JEFFREY D. QUINN and DOUGLAS QUINN, by sending a copy of the same to their counsel of record, Richard H. Wix, Esq., WIX, WENGER & WEIDNER, 4705 Duke Street, Harrisburg, PA 17109-3099, by United States Mail, regular service, in Harrisburg, Pennsylvania on July 1'Z, 2002. DATE:~lllJOL-- , By Matthew S. Crosby, Esq. Attorney 1.0. #69367 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff ~lHl.i' iff ~_jJ!!;l~j iiliu8lf.... "" ~ " ~" ,~ '1i'llilr~tiIjjill~i ;;.J...".s..~ 0.. "" ." '" ~'''-~ ',.-, " "'. -~. ""..,,' u> .;1" .. 0 0 0 c: !'" " <C' '-- --. -0 l5~ r= :,r: I'll ['T' ,- Z ~, ':'T] 655 co '1'1'7 -< -- ..! C~) < ~C,' ~'T! -:{.; ~I":;; - :::I;: , , ;;:) ...- t ,,' :ZC' ~~? ;~~rn )> ~~~ ,~ -"I .~- L_ <O')J -" , (T> =< -, . LORRAINE N. HERTZLER, Plaintiff v. JEFFREY D. QUINN and DOUGLAS K. QUINN, Defendants ~ <"uO" "'"1'"., - '.,y . ,. 'c .'V' , ., ,- -',,.,,<";;. (~-'~" ".';, "_. ".,' ",.,,'; ,';'~o..'; ,';-~"" .d',', >; ~"'-":":"~j . , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6703 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned matter settled, discontinued and satisfied. DATE:~ 31\01-- HANDLER ,HENNI OSENBERG, LLP BY: Matthew S. Crosby, Esq. 1300 Linglestown Rd. Harrisburg, PA 17110 Tel. No.: 717-238-2000 Supreme Court ID No. 69367 Attorneys for Plaintiff ') - ...........' u.~ "."'~" ,,"~--,,-"" """'-'~';;;;"~'~' ~",,-,-~ , . ~ - lti!ii"c:-r ~,~,- ,',' " ,> 1 c '.< -",~, . G C ~ ~- -or:u fllrr ~Si'~_ -<.---::. ~~ >r"':: Z :<1 , - C f-...) () J'1 ~ ,--:::1 u. !~i~ ',..J "C' (? (..) ~i~ ~~'~:~ ,,-' ~ :1) -< 11:::