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Home My WebLink About08-3304LUCILLE JACKSON and : IN THE COURT OF COMMON PLEAS WILLIAM JACKSON, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. :NO. 08- 3304 &(Vi I Te -M NAOMI ROBINSON, : Defendant : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against-you by the Court without further notice for any money_claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 LUCILLE JACKSON and WILLIAM JACKSON, her husband, Plaintiffs, V. NAOMI ROBINSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 2 LUCILLE JACKSON and WILLIAM JACKSON, her husband, Plaintiffs, V. NAOMI ROBINSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. oj- 330Y C ,;jj CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Lucille Jackson and William Jackson, her husband, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and make the within Complaint against the Defendant, Naomi Robinson, and aver as follows: 1. Plaintiffs, Lucille Jackson and William Jackson, are adult individuals currently residing at 155 Watson Street, Steelton, Dauphin County, Pennsylvania 17113. 2. Defendant, Naomi Robinson, is an adult individual currently residing at RR4 Box 1897, Mifflintown, Juniata County, Pennsylvania 17059. 3. At all times material hereto, Plaintiff, was the operator of a 2000 Mercury Mystique, bearing Pennsylvania Registration Plate Number DXP 7911 (hereinafter referred to as "Plaintiff's vehicle"), which was owned by her daughter Linda J. Battle. 1 4. At all times material hereto, Defendant, Naomi Robinson, was the owner and operator of a 2006 Cadillac CTS, bearing the Pennsylvania Registration Plate Number EHW 4960. (hereinafter referred to as "Decedent's vehicle") 5. At all times material to this action, there were no adverse weather or road conditions. 6. On or about February 7, 2007, at approximately 3:30 p.m., Plaintiff, Lucille Jackson, was lawfully traveling east-bound on Cumberland Boulevard in Camp Hill, in Cumberland County, Pennsylvania. 7. At approximately the same time and place, Defendant, Naomi Robinson, was traveling south-bound on North 21St Street in Cumberland County, approaching the intersection of Cumberland Boulevard and North 21St Street. 8. At approximately the same time and place, Defendant, Naomi Robinson, failed to stop at a steady red traffic signal controlling the intersection and the vehicle she was driving entered the intersection of Cumberland Boulevard and North 21s' Street, violently striking the driver side of Plaintiffs vehicle. 9. The force of the impact was so severe that it was necessary for Plaintiff, Lucille Jackson, to be cut from her vehicle and transported by ambulance to the Emergency Room at Harrisburg Hospital. 10. As a direct and proximate result of the negligence of Defendant, Naomi Robinson, the Plaintiff, Lucille Jackson, sustained serious and extensive injuries as set forth more specifically below. 2 COUNT I - NEGLIGENCE LUCILLE JACKSON v. NAOMI ROBINSON 11. Paragraphs 1 through 10 are incorporated herein as if set forth at length. 12. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Lucille Jackson, were caused directly and proximately by the negligence of Defendant, Naomi Robinson, more specifically, as set forth below: (a) In failing to keep a proper lookout for other vehicles lawfully traveling on Cumberland Boulevard, in Camp Hill, Cumberland County, Pennsylvania; (b) In failing to yield the legal right of way to Plaintiff's vehicle; (c) In failing stop at a red signal before entering the intersection and remain stopped until green was shown, in violation of 75 Pa.C.S.A. § 3112(a)(3)(i); (d) In negligently driving her vehicle into the intersection of Cumberland Boulevard and North 21 s` Street without properly stopping at the red traffic signal; (e) In failing to enter a through highway without looking both ways for approaching traffic before entering and to continue to look as she advanced through the intersection; (f) In failing to observe the steady red traffic-control signal then and there existing, in violation of 75 Pa.C.S.A. § 3112(a)(3)(i). (g) In driving her vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S.A. §3714; 3 (h) In failing to exercise the high degree of care required of a motorist entering an intersection; (i) In failing to operate her vehicle at a speed, and under such control, as to be able to stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; (j) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3310(a); (k) In failing to have sufficient control of her vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; and (1) Further, under the facts and circumstances presented herein, Defendant, Naomi Robinson, had the last clear chance of avoiding this collision, and in failing to do so, Defendant was guilty of negligence. 13. As a direct and proximate result of the Defendant's negligence, Plaintiff, Lucille Jackson, sustained severe injuries, including, but not limited to, neck, back, shoulder and left arm pain. 14. As a direct and proximate result of the Defendant's negligence, the Plaintiff, Lucille Jackson, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 4 15. As a direct and proximate result of the Defendant's negligence, Plaintiff, Lucille Jackson, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 16. As a direct and proximate result of the Defendant's negligence, Plaintiff, Lucille Jackson, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 17. As a direct and proximate result of the Defendant's negligence, Plaintiff, Lucille Jackson, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 18. Plaintiff, Lucille Jackson, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Lucille Jackson, seeks damages from Defendant, Naomi Robinson, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - LOSS OF CONSORTIUM WILLIAM JACKSON v. NAOMI ROBINSON 19. Paragraphs 1 through 18 are incorporated herein as if set forth at length. 20. At all times material hereto, Plaintiffs, Lucille Jackson and William Robinson, were married as husband and wife. 5 21. As a direct and proximate result of Defendant's negligence, the Plaintiff, William Jackson, has suffered a loss of consortium, society, and comfort from his wife, a Lucille Jackson, and he will continue to suffer a similar loss in the future. 22. As a direct and proximate result of Defendant's negligence, the Plaintiff, William Jackson, has been compelled, in order to effect a cure for his wife's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to his great detriment and loss. WHEREFORE, Plaintiff, William Jackson, seeks damages from the Defendant, Naomi Robinson, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: SJ 6? By: 5?? Stephen . Held, Esq. I . D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs 6 VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: L cille Jacks n VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: l William Jack n ^?x Co po? .. nV TR , 0 At STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court 1. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbankoArnargolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LUCILLE JACKSON and WILLIAM JACKSON, her husband, DOCKET NO. 08-3304 Plaintiffs CIVIL ACTION - LAW V. NAOMI ROBINSON, JURY TRIAL DEMANDED Defendant PRAEC)PE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Naomi Robinson, in the above-captioned matter. INARGOLIS EDELSTEIN Date: ?Y tt i 0? By: ? ? ( S N L. BANKO, JR. Attorney for Defendant 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 LIP- ass postage prepaid, on the day o 2008, and addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiffs) Angela M. ayman, Secr ary 3 r -'? . tV '°r STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court 1. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbankoOmargolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LUCILLE JACKSON and WILLIAM JACKSON, her husband, DOCKET NO. 08-3304 Plaintiffs CIVIL ACTION - LAW V. NAOMI ROBINSON, JURY TRIAL DEMANDED Defendant NOTICE TO PLUID TO: Lucille Jackson and William Jackson c/o Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiffs You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. MARGOLIS EDELSTEIN Date: ? f l -11 V S( By: PI N L. SANKO, JR. nev for Defendant STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court 1. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbank2@margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LUCILLE JACKSON and , WILLIAM JACKSON, her husband, DOCKET NO. 08-3304 Plaintiffs CIVIL ACTION - LAW V. NAOMI ROBINSON, JURY TRIAL DEMANDED Defendant >I IIIitTT O T' .. TOPL-AMY"Sv, 1. Admitted in part and denied in part. As to the current residence address of Plaintiffs, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 2. Admitted in part and denied in part. Defendant resides at Box No. 197. 3. Admitted in part and denied in part. As to the ownership of the vehicle being operated by Plaintiff-Wife, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 4. Admitted. 1 5. Denied. At the time and place of the accident, there was extremely bright sunshine which was directly in the eyes of drivers traveling in the same direction as was Defendant. 6. Admitted in part and denied in part. The characterization that Plaintiff- Wife was operating her vehicle "lawfully" states a legal conclusion to which no response is necessary. 7. Admitted. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. Defendant did not see a traffic signal and, therefore, cannot state whether such signal existed or, if so, the color of such signal. By way of further answer, Defendant is unable to admit or deny the characterization that the contact between the two vehicles was "violent". 9. Denied. Defendant is unable to admit or deny Plaintiffs' characterization that the impact was severe. Defendant is further unable to admit or deny the allegation that Plaintiff-Wife "had to be cut from her vehicle". By way of further answer, with respect to whether Plaintiff-Wife "had to be" transported by ambulance to Harrisburg Hospital, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 10. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, with regard to any allegation that Plaintiffs sustained any injury or damage as a result of any conduct on the part of Defendant, after reasonable investigation, Defendant is without 2 knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. COUNT I - NEGLIGENCE LUCILLE JACKSON v. NAOMI ROBINSON 11. The Answers contained in paragraphs 1 through 10 hereof are incorporated herein by reference as if set forth in their entirety. 12(a)-(I) Denied. The Answers contained in paragraph 8 and 10 hereof are incorporated herein by reference as if set forth in their entirety. 13. Denied. The Answer contained in paragraph 10 hereof is incorporated herein by reference as if set forth in its entirety. 14. Denied. The Answer contained in paragraph 10 hereof is incorporated herein by reference as if set forth in its entirety. 15. Denied. The Answer contained in paragraph 10 hereof is incorporated herein by reference as if set forth in its entirety. 16. Denied. The Answer contained in paragraph 10 hereof is incorporated herein by reference as if set forth in its entirety. 17. Denied. The Answer contained in paragraph 10 hereof is incorporated herein by reference as if set forth in its entirety. 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. WHEREFORE, Defendant, Naomi Robinson, demands judgment in her favor and against Plaintiffs. 3 COUNT II - LOSS OF CONSORTIUM WILLIAM JACKSON v. NAOMI ROBINSON 19. The Answers contained in paragraphs 1 through 18 hereof are incorporated herein by reference as if set forth in their entirety. 20. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 21. Denied. The Answers contained in paragraphs 8, 10 and 20 hereof are incorporated herein by reference as if set forth in their entirety. 22. Denied. The Answer contained in paragraph 21 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendant, Naomi Robinson, demands judgment in her favor and against Plaintiffs. NEW MATTER 23. The Answers contained in paragraphs 1 through 22 hereof are incorporated herein by reference as if set forth in their entirety. 24. Plaintiffs' claims, if any, are subject to and governed by their tort selection under the Pennsylvania Motor Vehicle Financial Responsibility Law. 25. Plaintiffs' claims, if any, are or maybe barred by the applicable statute of limitations. 4 WHEREFORE, Defendant, Naomi Robinson, demands judgment in her favor and against Plaintiffs. Date: ?111 I 6f MAR OL EDELSTEIN By: , li SS-TtPAN L. BANKO, JR. Attorney for Defendant 5 VERIFICATION I, Naomi Robinson, have read the foregoing Answer and New Matter to Plaintiffs' Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C. S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. ?l -?? Date: Na i Robinson 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 maul at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of , 2008, and addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiffs) rAn ?.f , rM i, i M n Ange a M ayman, Secre ry 6 ?"3 rv r T =t co C "C CnF 4 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03304 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON LUCILLE ET AL VS ROBINSON NAOMI 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: ROBINSON NAOMI but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of JUNIATA serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 17th , 2008 , this office was in receipt of the attached return from JUNIATA Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 Thomas Kline Dep Juniata County 22.44 Sheriff of Cumberland County Postage 1.17 60.61 06/17/2008 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Lucille Jackson et al vs. Naomi Robinson Now, May 30, 2008 hereby deputize the Sheriff of No. 08-3304 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Juniata County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 0-Yii?.? r„C%•s-...P Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, June 3 , 2008 , at 2:30 o'clock P M. served the within Notice & Complaint upon Naomi Robinson at RR 4, Box 197, Mifflintown PA 17059 by handing to Naomi Robinson a true and attested copy of the original Notice & Complaint and made known to her the contents thereof. *** PLEASE NOTE ADDRESS CORRECTION *** So answers, a 4" 40 4ZZ?e ( lq Sheriff of Juniata County, PA COSTS Sworn and subscribed efore SERVICE me this day of , 20 MILEAGE/POSTAGE AFFIDAVIT L - JOYCE PAGE PROTHONOTARY MY COMMISSION EXPIRES FIRST MONDAY iNE.??p2009 $ 18.00 2.44 2.00 $ 22.44 $ 52.56 A Io A 5 ? C? a v p ? ? jj11t`P..y ?j t Stephen G. Held, Esquire I . D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: HELDahhrlaw.com Attorney for Plaintiffs LUCILLE JACKSON and WILLIAM JACKSON, her husband, Plaintiffs, V. NAOMI ROBINSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3304 Civil Term CIVIL ACTION - LAW PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT 23. This is a paragraph of incorporation to which no responsive pleading is required. 24. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiffs' claims are in any way limited by the Pennsylvania Motor Vehicle Financial Responsibility Law and their tort selection. 1 i 25. This averment is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiffs' claims are barred by the statute of limitations. WHEREFORE, Plaintiffs request this Honorable Court enter judgment in their favor and against Defendant. Respectfully submitted, Date: ?C HANDLER, HENNING & ROSiENBERG, LLP By: Step en G. Held, Esq. I.D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs 2 r VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) STEPHEN G. HELD, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: Y)l Stephen G. H 61d, Esquire 3 . M CERTIFICATE OF SERVICE I, Stephen G. Held, attorney for Plaintiffs Lucille Jackson and William Jackson, hereby certify that I have served the foregoing Civil Complaint by first class mail, postage pre-paid on the day of June 2008, upon the following: Stephen L. Banko, Jr., Esq. Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Date: Stephen . Held, Esquire Attorney for Plaintiff 4 U-1 :. cv CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LUCILLE JACKSON & WILLIAM JACKSON -VS- NAOMI ROBINSON COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-3304 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/20/2008 STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT R1.67S 133-H DE11-0768816 81659-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: LUCILLE JACKSON & WILLIAM JACKSON -VS- NAOMI ROBINSON COURT OF COMMON PLEAS TERM, CASE NO: 08-3304 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HAMILTON HEALTH CENTER MEDICAL RECORDS TO: STEPHEN HELD, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/29/2008 CC: STEPHEN L. BANKO, JR., ESQ. - 28150.4-00075 Any questions regarding this matter, contact STEPHEN HELD, ESQ. 1300 LINGLESTOWN ROAD P.O. BOX 60337 HARRISBURG, PA 17110 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.67S 133-H D3302-0399573 81659-COl r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCILLE JACKSON & WILLIAM JACKSON VS. NAOMT ROWNSON File No. 08-3304 TO: Custodian of Records for HAMILTON HEALTH ENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groin, Inc., 1601 Market Street, Suite 800, Philade ia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena., together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN L. B,ANKO, JR., ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant AUG 2 0 208 Date: 4:1Z ay. -24v- Seal of the Court 81659-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HAMILTON HEALTH CENTER 1650 WALNUT STREET P.O. BOX 5098 HARRISBURG, PA 17110 RE: 81659 LUCILLE JACKSON Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a' computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : LUCILLE JACKSON 155 WATSON STREET, STEELTON, PA 17113 Social Security #: XXX-XX-9190 Date of Birth: 08-17-1933 R1.83 133-H SU10-0744650 81659-LO1 -+r a Fin CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LUCILLE JACKSON & WILLIAM JACKSON -VS- NAOMI ROBINSON COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-3304 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/29/2008 STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT R1.90 133-H DE11-0777627 81659-LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: LUCILLE JACKSON & WILLIAM JACKSON -vS- NAOMI ROBINSON COURT OF COMMON PLEAS TERM, CASE NO: 08-3304 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARRISBURG HOSPITAL BURGER KING MEDICAL RECORDS EMPLOYMENT TO: STEPHEN HELD, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/05/2008 CC: STEPHEN L. BANKO, JR., ESQ. - 28150.4-00075 Any questions regarding this matter, contact STEPHEN HELD, ESQ. 1300 LINGLESTOWN ROAD P.O. BOX 60337 HARRISBURG, PA 17110 MCS on behalf of STEPHEN L. BANKO, JR., ES Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 133-H DE02-0403253 81659-COl CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LUCILLE JACKSON & WILLIAM JACKSON -VS- NAOMI ROBINSON COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-3304 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/29/2008 STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT R1.90 133-H DE11-0777630 81659-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCILLE JACKSON & WILLIAM JACKSON VS. File No. 08-3304 NAOMI ROBINSON SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800, Philadellihia PA 19103 You may•deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the. certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN L. BANKO. JR.. ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 2 9 2008 Date: aQd?' Seal of the Court BY THE COURT: /C- &ivisi onotary/Clerk, Civil q Proth Deputy 81659-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL MEDICAL RECORDS 111 S. FRONT STREET HARRISBURG. PA 17101 RE: 81659 LUCILLE JACKSON Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to Dates Requested: up to and including the present. Subject : LUCILLE JACKSON 155 WATSON STREET, STEELTON, PA 17113 Social Security #: 261-50-9190 Date of Birth: 08-17-1933 R1.71S 133-H SU10-0750152 81659-LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LUCILLE JACKSON & WILLIAM JACKSON - File No. 08-3304 vs. NAOMI ROBINSON TO: Custodian of Records for BURGER KING (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTAUM RIMER **** at The MCS CMM- Inc 1601 Market Street. Suite 900- PhiladelphiiL PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:. STEP , L. BANKO. JR.. ES ADDRESS: 3510 TRINDLE ROAD TELEPHONE: (215,) 246-0900 SUPREME COURT ID M ATTORNEY FOR: Defendant SE P 2 9 2008 Date: ?-, ato BY THE COURT: ys/ Lam= ,? Prothonotary/Clerk, Civil t?si Deputy Seal of the Court 81659-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BURGER KING 6045 ALLENTOWN BLVD. HARRISBURG, PA 17112 RE: 81659 LUCILLE JACKSON Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : LUCILLE JACKSON 155 WATSON STREET, STEELTON, PA 17113 Social Security #: XXX-XX-9190 Date of Birth: 08-17-1933 R1.71S 133-H SU10-0750154 81659-LO3 c-a `=?.ts ? ?' -? -? , ? ?-: i ?`? c'., ? 5 : .' .--' ??C'1 .+` _'7 Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com LUCILLE JACKSON and, WILLIAM JACKSON, her husband Plaintiffs, V. NAOMI ROBINSON, Defendant Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3304 CIVIL ACTION - LAW PLAINTIFFS' REQUEST FOR ADMISSIONS AND ACCOMPANYING INTERROGATORY PROPOUNDED UPON DEFENDANT PURSUANT TO Pa. R.C.P. 4014 and 4005 To: Naomi Robinson c/o Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, Pennsylvania 17011 AND NOW come Plaintiffs, Lucille Jackson and William Jackson, by and through their counsel, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and requests that the Defendant either admit or deny the following Requests for Admissions and accompanying Interrogatory in conformity with Pa. R.C.P. 4014 and 4005. INSTRUCTIONS Pursuant to the mandates of Pa. R.C.P. No. 4014, responses to these Requests for Admission and accompanying Interrogatory must be provided within thirty (30) days of the date of service hereof or they will be deemed admitted. If an objection is made, the reasons for the objection must be stated. Answers shall admit or deny the matter or set forth in detail the reasons why you cannot truthfully do so. You may not give lack of information or knowledge as a reason for failure to admit or deny unless you have conducted a reasonable inquiry and the information known or readily obtainable is insufficient to enable you to admit or deny the Requests for Admission. If the Court determines that an answer does not comply with the requirements of the Pennsylvania Rules of Civil Procedure, it may order that the request be admitted. In addition, pursuant to Pa. R.C.P. No. 4005, Plaintiff hereby requests that Defendant answer under oath the accompanying Interrogatory. 1. These Requests for Admissions and accompanying Interrogatory are directed to the Defendant, Naomi Robinson. As used herein, "Defendant," "you" and "your" means Naomi Robinson. 2. These Requests forAdmissions and accompanying Interrogatory encompass all information, documents and records that are in the possession, control, or custody of Defendant or any of his attorneys or assigns. 3. If any objections are made to any Requests for Admissions or to the accompanying Interrogatory, the reasons therefor shall be stated. 2 4. If there is any claim of privilege relating to any request to admit, or interrogatory, you shall set forth fully the basis for the claim of privilege, including the facts upon which you rely to support the claim of privilege in sufficient detail to permit the court to rule on the propriety of the privilege. 5. If your response to any request is not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission is requested, you should specify so much of it as true and qualify or deny the remainder. 7. These Requests for Admissions and accompanying Interrogatory are continuous in nature and must be supplemented promptly if Defendant obtains or learns further or different information between the date of the response and the time of the trial by which Defendant knows that a previous response was incorrect when made, or though correct when made, is now no longer true. DEFINITIONS 1. All verbs are intended to include all tenses. 2. References to the singular are intended to include the plural and vice versa. 3. "Any" as well as "all" shall be construed to mean "each and every." 4. "And" as well as "or" shall be construed disjunctively as well as conjunctively, 3 as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 5. "Refer to" or "relate to" means constituting, defining, describing, discussing, involving, concerning, containing, embodying, reflecting, identifying, stating, analyzing, mentioning, responding to, referring to, dealing with, commenting upon, or in any way pertaining to. 4 YOU ARE HEREBY REQUESTED TO ADMIT FOR PURPOSES OF THIS ACTION ONLY PURSUANT TO Pa. R.C.P. RULE 4014: That Plaintiff was involved in a motor vehicle accident on February 7, 2007. 2. That at the time of this accident, Plaintiff was not covered under a policy of motor vehicle insurance, nor did she live with a resident relative who had motor vehicle insurance. 3. At the time of the motor vehicle accident, Plaintiff was in a vehicle owned by Plaintiff's daughter, Linda Thomas, which was insured undera policy issued by Progressive Casualty Insurance Company, with a policy number of 58068518-6. (Attached hereto, made a part hereof and marked "Exhibit A" is a copy of the Declaration Page). 4. That even though this policy of insurance provides for limited tort, Plaintiff is deemed to be full tort under the Pennsylvania Motor Vehicle Responsibility Law as Plaintiff was not a household resident of the named insured on this policy. 5 INTERROGATORY 1. Plaintiff hereby requests that for each request for admission set forth above which you deny, in whole or in part, state: a. all facts, information and matters, including relevant dates, times and places, upon which your denial is based; b. any statutory, regulatory provision(s) or other legal basis upon which your denial is based; C. the identity by name, address, phone number, and employment title of all persons with information or matters upon which your denial is based; d. a summary of the information or knowledge possessed by each such person; and e. the identity and description of all documents that refer or relate to the facts, information and matters upon which your denial is based. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: q( ?oq By: Q, a, ;) Ste en . H 6K, Esquire I . D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs 6 04/02/2007 07:22 FAX PROGRESSIVE CAS INS CO Q 002/005 JAMES BOWER INS INC PO BOX 97 CAMP HILL, PA 17001 LINDA THOMAS 3016 MARKET ST APT 2W CAMP HILL, PA 17011 Auto Insurance Coverage Summary This is your Declarations Page Your coverage has changed t"lYl VLY Policy number: 58068518-6 Underwritten by: Progressive Northern Insurance Co December 19, 2006 Policy Period; Oct 29, 2006 . Apr 29, 2007 Page 1 of 4 717-763-5668 JAMES BOWER INS INC Contact your agent for personalized service. drireinsurance.com Online Service Make payments, check billing activity, update policy information or check status of a claim. 800-925-2886 To report a claim. Your coverage began on October 29, 2006 at 12:01 a.m. This policy expires on April 29, 2007 at 12:01 a.m. This coverage summary replaces your prior one. Your insurance policy and any policy endorsements contain a full explanation of your coverage. The policy limits shown fora vehicle may not be combined with the limits for the same coverage on another vehicle unless the policy contract or endorsements indicate otherwise. The policy contract is form 9608 PA (05/01). The contract is modified by forms 0101 (08/02), 7951 PA (01/03) and Z295 PA (01106). Policy changes effective December 18, 2006 Chan 9es re 4nestedon: be. -c' .18. ,.... 2006......09.......,. m..................................................... :12 ..a """"" .".""'"' Requested ......... .. .. ........FROM.. .. . ...JA.MES...... B...INS.....INC........................ ..... .............................. by: „ ROSS.... QWER........ ......emium.. .. ...ran..d....ge:.. ................................................. . 09- 3.00 ..................................................................... Pr . ................ ....i..... ................. Changes; The 1999 Hyunda Sonata/GI 4D has been removed. Underwriting Company Progressive Northern Insurance Co P.O. Box 6807 Cleveland, OH 44101 800-925-2886 Drivers and household residents Add'tionalinbrinetion ...................................................... . ....... LINDA THOMAS ..,.., ............................................................ ............ "....... .First Named insured ..... .................................................... PAUL THOMAS Form 6489 PA (1 rjQ4) a ConCnued 04/02/2007 07:22 FAX PROGRESSIVE CAS INS CO z003/005 Policy number. 58068518-6 UNDA THOMAS Page 2 of 4 Outline of coverage 2000 Mercury Mystique Gs/Sport 4D VIN 1 M EFM6536YK612030 Limits Liabiiity 7o Others ..................................................... Deductible ..................... Premium ................ Bodily Injury Liability $50,p00 each person/$100,000 each accident Property Damage Liability ............... ...... $50,000 each accident ....... .. . ...................,.... Fi rst Patty Henefrts ..................... ...................... ........... ................. ...... ............... ............. Medical Expenses .................. . ... . $5,000 each person ................ Income toss : : ........................................ 00. 0 ..... maximum . ...... . . ................ 1 000 each month J$5, ............... ...... ................ 11 ........... Funeral Benefit ....................... ......... ...................... on .......... . 500 ea dt per s 1 ..... Aaiderrtal Death 0 ................ ........................................... $5,000 .................... ................ Uninsured Motorist • Nonstadced ' ....................................... $50,000 each person/$100,000 each accident 2 .. 13 Underinsured Motorist - Nonsta d $50,000 ea r pe,ii /i100 000 each accdent . ........ . .....""' Comprehensive ................................................................. Collision , .................................... Actual Cash Value ..................................... ................................... $250 ..................... 32 .... Actual Cash Value ...... $500 ........... 224 Rental Reimbursement ..,,, ..... aximum .........30.. day..a"y's........................ ...each.. day/......m....., $20 ......... ............ " .... """" Roadside Assistance .................. .......... ................. .. . ...... ..................... ............- , ......otal....f ... or.... hA..ry .................,,..... premium...... .... 2000.... ercu T .......................... . ... ......... .. 7 .............. 2402 Mitsubishi Gallant EsM 4D $fi216 VIN 4A3AA46G12E128361 Limits ......... .................................. Liabil hers .. ... .................'................... Deductible ..... . Premium ? Injury Bodily Liability $50,ODD each rso M$100,400 each accident $263 Property Damage Liability ......... 9e Ty $50,000 each accident .. .............................. First Party Benefits.. . .. . .. .................................. Medical Expenses $5,000 each person 65 lncorrte toss . $1,000 each month/$5 000 maximum ............................................................ Funeral Benefit , ........................................ . $1,500 each person " 13 Gc entaI Death 5,000 .. ......... nsure d Motorist- Nonstadred U ni,,,,,,,,, ... ..... accident $50,000 each person/$100 000 ea a¢ich dent 2 ,,,,,,,,,,, , ,, Underinsured Motorist Nonstadced , $50,000 each person/$100,000 each accident ....... .......... ....... 13 ........... " Co rehensive ....................................... ........ .. . .,,o,!?isio.. n . .. C Actual ...... ... ... ..................... .. Cash Value . ........ ................................................ * .. , 100.. .. ..... ... ...... .. $-1,0-0, .. ........... 51... ..... b.... .. ....... - ......................... ......... ....nta....l..Rei Re ual C A c a sh Value .... ., ..... ... ... ...... ., .... .. .. ............ ... ........... - , , ............. $500 ............ .. ..., . ....... 2.89 tt m ursemen ....... ...................................... 20 ea ch $ 2 0 d ay/maxi m u m 30 days .... ...... ...... ... ......".. Roadside Assistance .................................................... ........... .......... ............ . Total premium for hi 2002 Mitsubis """""" " .......... 7 ..... $ 747 Fo1m 641M PA (11,14) 19 Coiainued 04/02/2007 07:22 FAX PROGRESSIVE CAS INS CO X1004/005 Policy number: 58068518-6 LINDA THOMAS 2002 Mitsubishi Diamante LS Page 3 of 4 VIN 6MMAP67P32TD46039 ............................. Liability To 0tliers umia ............................................... Deductible Premium ............. ............ Bodily Injury Liability $50,000 each person/$100,000 each accident $268 Property Damage liability $50,000 each accident a .....B..e .n...e$?ts ............................ .... First P rty .... I'll ........................... .,...,.,. ......., ...................... .. Medical Expenses $5,000 each person 60 In co me loss .................... ............. $1,000 ead, month/$5,000 maximum ................ ........................... 12 neral Benefit ...Fu ....................................... ....,.....500 ....... each pers.peers...on $1 .................................... ?. 1 Accidental Death .............................................. .. Uninsured Motorist Nonstacked ......... ................. $ $50...... 00 00 e ea.- a..............,,................................... ,ch person/$100 000 each accident .................................... ... ... ........ Underinsured Motorist - Norntadred ................ , .........n/$.................. accident $50,00.. each perso100,000 each accident 13 26 Comprehensive ....................................................... ........................................ . ............... Actual Cash Value ........ " " . $100 81 Collision ...... .............. ......................... .... Actual Cash Value ........... ..- ...................... $500 320 Rental Reimbursement ............ ................. $20 each dayl ma ximum 30 days ................................ 17 Roadside AssistancP ............................. .. .... ......... ....... ................................. .............................. Total premium for 2002 Mitsubishi 7 Tota16 montfi policy premium ....... ...................................... . ..,,..............,.,.,...........,,....... $807 .............................,..,.,. $2,180 Premium discounts Polity ........................ ........................ . .......... 58068518 ............ multi-car vehki 2000 M ercury Mystique Gs/Sport 4D ...................... ......................................... . alrba ..... . I ... ......... ...... g 2002 Mitsubishi Galant Es/Ls 4D airbag 2002 Mitsubishi Diamante LS airbag Lienholder information ..........:.......-..- ................................................ Lien of r: FORD MOTOR CREDIT PO BOX 390910 MINNEAPOLIS, MN 55439 2000 Mercury Mystique GVSport 4D (1 MEFM6536YK612030) Lienholder. MMCA ......... . . ..... PO BOX 4401 EARTH CITY, MO 63044 002 Mitsubishi CREDTI Galant .... EsjLs . 4D 4A3AA46G12E128361) .................................. Lienholder. MITSU MOTOR PO BOX 24020 TUCSON, AZ 85734 2002 Mitsubishi Diamante LS (6MMAP67P32T008039) Tort Option This policy provides limited tort insurance. COWSION COVERAGE FOR RENTAL VEHICLES IF THIS POLICY PROVIDES COLLISION COVERAGE, IT WILL APPLY TO VEHICLES YOU RENT, BUT NOT TO VEHICLES RENTED FOR 6 MONTHS OR MORE. Information Regarding Your Premium A surcharge of $409.00 due to violations or accidents is included in the total policy premium. FDCM6489 PA (I IAM) 0 Continued 04/02/2007 07:22 FAX Company officers Ad? )f President PROGRESSIVE CAS INS CO o Lo LJ l Secretary 9005/005 Policy number: 58066518-6 LINDA THOMAS Page 4 of 4 Form 6489 -PA (11p4) Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@HHRLaw.com LUCILLE JACKSON and, WILLIAM JACKSON, her husband Plaintiffs, V. NAOMI ROBINSON, Defendant Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3304 : CIVIL ACTION -LAW CERTIFICATE OF SERVICE On this 3rd day of April, 2009, 1 hereby certify that a true and correct copy of Plaintiff's Request for Admissions and Accompanying Interrogatory Propounded upon Defendant Pursuant to Pa. R.C.P. 4014 and 4005 was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Stephen L. Banko, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By: St n . Id, Esquire I.D. 472663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 2 ??9 A F R --o F " G3 CUPS':: _ _. i FILED-OF-CE OF THE F Q-THICNJTARY PRAECIPE F R LISTING CASE FOR TRIA 010 FEB -8 PM 3= 01 (Must be typewritten and submitted in triplicate) }\ j{1 tj?7t?{?j CUNEbL,i ltd UN f TO THE PROTHONOTARY OF CUMBERLAND COUNTY 1='?::VN'SYLV,'?N A. Please list the following case: ?u 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) LUCILLE JACKSON and WILLIAM JACKSON, her husband, (check one) [X Civil Action -Law ? Appeal from arbitration (other) Plaintiffs The trial list will be called on March 30, 2010 V. and NAOMI ROBINSON, April 26, 2010 Trials commence on Defendant Pretrials will be held on April 7, 2010 (Briefs are due S days before pretrials No. 3304 2008 Term Indicate the attorney who will try case for the party who files this praecipe: Stephen L. Banko, Jr. for Defendant Indicate trial counsel for other parties if known: Stephen G. Held, for Plaintiffs This case is ready for trial. February 3, 2010 Date: Signed: VtE&6n L) Banko, Jr. Print Name: Attorney for: Defendant CZ s.40.6 -PCL P4 R? ?373f3k C 19 7- 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, and addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 MARGOLIS EDELSTEIN Angela A. Ily Secretary to Stephen L. Banko, Jr. Date: February 3, 2010 LUCILLE JACKSON AND WILLIAM JACKSON, her husband, V. PLAINTIFFS NAOMI ROBINSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3304 CIVIL IN RE: CIVIL PRE-TRIAL CONFERENCE ORDER OF COURT AND NOW, this 7th day of April, 2010, this being the time and place for the pre- trial conference in the above captioned matter, and counsel for the parties having not appeared, after consultation with Attorney Banko, the Court having learned that arbitration is being requested in this matter, IT IS HEREBY ORDERED AND DIRECTED that the case is stricken from the April Trial list. Stephen G. Held, Esquire Attorney for Plaintiff ," Stephen L. Banko, Esquire Attorney for Defendant Court Administrator --,t&p5 +110 bas Co yes By the Court, M. L. Ebert, Jr., J. 73 fin s 2- N S '?J N Fl! EIS- 1010.??d -I CU?h UNTY Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax: (717) 233-3029 E-mail: HELDahhrlaw.com LUCILLE JACKSON and WILLIAM JACKSON, her husband, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. NAOMI ROBINSON, Defendant NO. 08-3304 CIVIL ACTION - LAW MOTION FOR AN ORDER OF REFERENCE TO REFER THIS MATTER TO COMPULSORY ARBITRATION AND NOW, comes the Plaintiffs, Lucille Jackson and William Jackson, her husband, by and through their attorney, Stephen G. Held, Esquire, of HANDLER, HENNING & ROSENBERG, LLP, and hereby moves this Honorable Court to issue an order of reference referring this matter for compulsory arbitration, and in support thereof, avers the following: 1. This action was instituted on May 28, 2008 by a Complaint. 2. On or about May 28, 2008, Plaintiffs filed said Complaint against the Defendant, alleging personal injuries from a motor vehicle collision which occurred on February 7, 2007. 3. In this Complaint, Plaintiffs alleged damages in excess of the jurisdictional amounts requiring compulsory arbitration. 4. After discovery and development of the case, the parties agree that the amount in controversy no longer exceeds $50,000.00. 5. Pennsylvania Rule of Civil Procedure Rule 1021(d) provides that the court upon its own motion or by motion of either party may determine that the amount in controversy is less than jurisdictional amounts requiring compulsory arbitration, and enter an order of reference to arbitration. WHEREFORE, Plaintiffs, Lucille Jackson and William Jackson, her husband, respectfully request that this Honorable Court issue an order of reference referring this matter for compulsory arbitration. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: (e L J By: - 6 - Steph , Esq. I.D. #72663 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs 2 Stephen G. Held Attorney ID# 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Held@hhrlaw.com LUCILLE JACKSON and WILLIAM JACKSON, her husband Plaintiff(s) V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3304 : CIVIL ACTION - LAW NAOMI ROBINSON Defendant(s) CERTIFICATE OF SERVICE On June 4, 2010, 1 hereby certify that a true and correct copy of Motion for an Order of Reference to Refer this Matter to Compulsory Arbitration was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Stephen L. Banko, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 HANDLER, HENNING & ROSENBERG, LLP Dated: 6/4/10 S ep en . Held JUN 0 8 2010 Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELDa_HHRLAW.COM Attorneys for Plaintiff LUCILLE JACKSON and : IN THE COURT OF COMMON PLEAS WILLIAM JACKSON, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, . V. : NO. 08-3304 NAOMI ROBINSON, Defendant : CIVIL ACTION - LAW ORDER AND NOW, this '11 day of "Le, , 2010, upon consideration of Plaintiffs Motion for an Order of Reference to Refer this Matter to Compulsory Arbitration. IT IS HEREBY ORDERED that this matter be referred for compulsory arbitration. BY THE COURT: kv?--L J. N P tribution: C. o ,/Stephen G. Held, Esquire -Vtr c.-. Handler, Henning & Rosenberg, LLP ' f'a 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110' 1 Stephen L. Banko, Esq. t °• Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 co ? t 'ex rn a'Z. l t?C Iv a2lo ':zi:m _-i FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 16 PIS 2: 04 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA Lucille Jackson andF'Williarih Jackson Plaintiff NO.08-3304 20 VS. Naomi Robinson Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stephen G. Held counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 25,000 The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfu s tted, ORDER OF COURT 11 AND NOW, petition. Eso.. and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the above By the Court, A t 24 00 ?p 0.0 ' O Kevin A. Hess, P.J. I I DISTRIBUTION LIST Stephen L. Banko, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Stephen G. Held, Esq HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 c: FILED-OFFICE l OF THE PROTHONOTARY 2010 OV 16 PH 2= 04 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA Lucille Jackson and Williarh Jackson Plaintiff NO.08-3304 20 vs. Naomi Robinson Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stephen G. Held counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 25,000 The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: o? pP t 7q 04 b WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. iz z o vz 4- o tL o? Q ? wcc: ci. r Li- 0 to CV Q_ t U w Q N ORDER OF AND NOW, A./t,Q,47LAPV/ ( , 2CW4 , in consideration of the fore oing petition, Esq., and ?,l?irn . ?./' Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. t-- ?Q 0 C) U oy ?z. COW. Respectfu s tted, t_0 By the Court, / 40 Kevin. Hess, P.J. r DISTRIBUTION LIST Stephen L. Banko, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Stephen G. Held, Esq HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 CA ?-r PRAECIPE FOR LISTING CASE FOR TRIAL s c: (Must be typewritten and submitted in triplicate) "i .. TO THE PROTHONOTARY OF CUMBERLAND COUNTY a N z Please list the following case: p ?X for JURY trial at the next term of civil court. gy " CD ? for trial without a jury. C) - cr rY - -------------------------------- -------------------------------------------------------------------- ? C .. CAPTION OF CASE arc ' (entire caption must be stated in full) (check one) LUCILLE JACKSON ? Civil Action - Law and ? Appeal from arbitration WILLIAM JACKSON (other) (Plaintiff) vs. The trial list will be called on June 21, 2011 and NAOMI ROBINSON Jul 18 2011 y , Trials commence on (Defendant) Pretrials will be held on July 6, 2011 vs. (Briefs are due S days before pretrials No. OS-3304 Civic 'term Indicate the attorney who will try case for the party who files this praecipe: Stephen L. Banko, Jr., Esquire Indicate trial counsel for other parties if known: Stephen G. Held, Esquire This case is ready for trial. Date: April 21, 2011 Signed: Print Name: Stepl6en L. Banko, Jr. Attorney for: Defendant O'N-} %.Is.00 -0 a? 0K4341? CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, and addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 MARGOLIS EDELSTEIN Ala q Ma Ange M. Gaymarfj Secretary to Stephen L. Banko, Jr. Date: J/ Z All Stephen G. Held, Esquire I . D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax: (717) 233-3029 E-mail: HELD(a)-hhrlaw.com LUCILLE JACKSON and WILLIAM JACKSON, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NAOMI ROBINSON, Defendant NO. 08-3304 CIVIL ACTION - LAW NOTICE OF INTENT TO OFFER DOCUMENTARY EVIDENCE PURSUANT TO RULE 1311.1 To: Naomi Robinson c/o Stephen L. Banko, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 rn co zrn -rC p. r-- Z 35 C?7 2y C" „x a. -e N crt xa CJ 011, a ' '*1 ._.? rT7 Lucille Jackson and William Jackson, Plaintiffs, stipulates to $25,000.00 as the maximum amount of damages recoverable upon the trial of the appeal from the award of arbitrators in the above captioned action. Date: 241 1( Respectfully submitted, HANDL WEN ROSENBERG,LLP By: St h n Feld, Esq. I.D. #72663 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs . _r1 CERTIFICATE OF SERVICE AND NOW, this 24th day of _ May , 2011, 1 hereby certify that I have, on this date, served the within Notice of Intent to Offer Documentary Evidence Pursuant to Rule 1311. 1, upon Defendant's counsel and all other counsel of record by sending a true and correct copy of the same to them via first class United States mail, postage prepaid, and addressed as follows: By First Class U.S. Mail: Stephen L. Banko, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 HANDLER, HENNING & ROSENBERG, LLP Stephen Held, Esquire Dated: ?( LUCILLE JACKSON AND WILLIAM JACKSON, PLAINTIFFS V. NAOMI ROBINSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3304 CIVIL IN RE: PRE-TRIAL CONFERENCE ORDER OF COURT AND NOW, this 6t" day of July, 2011, after pre-trial conference with counsel in this matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Trial counsel in this matter will be Stephen Held, Esquire for Plaintiff and Stephen Banko, Esquire for Defendant. 2. There is a judicial conflict. Judge Oler is the uncle of Attorney Held. 3. Counsel has indicated that the trial will take approximately 1 day. 4. Jurors will not be allowed to take notes, 5. Each party will be granted four peremptory challenges. 6. There is no need for a view in this matter. 7. The parties shall prepare an exhibit list. Two copies of this exhibit list shall be provided to the Court prior to the commencement of trial. All visual aids used in the case shall be disclosed to the opposing party. 8. Counsel for each party is directed to file with the Court on or before 12:00 p.m. on Friday, July 15, 2011, a list of the numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it shall provide the full text of the proposed instruction to the Court. 9. On or before 12:00 p.m. on Friday, July 15, 2011, the parties will provide a proposed verdict slip to the Court for review. By the Court, M. L. Ebert, Jr., J. it Stephen Held, Esquire Attorney for Plaintiff V Stephen Banko, Esquire Attorney for Defendant Court Administrator -M5 bas eo pr rs m c, . `t eat' 7/&/// A'C I ICU cn rat C ° Zt - c D a c ar ? va y .._ .? { ? T'rl --1C-.) - X n C-j =a C {* HANDLER, HENNING & ROSENBERG, LLP Stephen G. Held, Esq. (72663) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 E-mail:held@hhrlaw.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCILLE JACKSON and WILLIAM JACKSON, her husband, Plaintiffs, NO. 08-3304 V. NAOMI ROBINSON, Defendant. CIVIL ACTION - LAW PLAINTIFFS' MOTION IN LIMINE TO PRECLUDE TESTIMONY OF OR REFERENCE TO LINDA J. BATTLE'S INSURANCE POLICY AND NOW come the Plaintiffs, Lucille Jackson and her husband William Jackson ("Mr. and Ms. Jackson"), by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and files this Motion in Limine, to exclude testimony and/or evidence regarding Linda J. Battle's insurance policy with Progressive Insurance Company, and in support of said Motion, aver as follows: 1. On February 7, 2007, at approximately 3:30 PM, Plaintiff, Lucille Jackson, was the operator of a 2000 Mercury Mystique, bearing Pennsylvania Registration Number DXP 7911 traveling eastbound on Cumberland Boulevard in Camp Hill, in Cumberland County, Pennsylvania. 2. On February 7, 2007, Linda J. Battle, Lucille Jackson's Daughter ("Ms. Battle"), was the owner of the 2000 Mercury Mystique, driven by Plaintiff, Lucille Jackson. 3. At approximately the same time, Defendant, Naomi Robinson, was traveling south-bound on North 21st Street, Camp Hill, Cumberland County, Pennsylvania, approaching the intersection of Cumberland Boulevard and North 21 st Street in a 2006 Cadillac CTS, bearing the Pennsylvania Registration Plate Number EHW 4960. 4. At approximately the same time and place, Defendant, Naomi Robinson, failed to stop at a steady red traffic signal controlling the intersection and the vehicle she was driving entered the intersection of Cumberland Boulevard and North 21st Street, violently striking the driver side of the mercury. 5. As a direct and proximate result of the negligence of Defendant, Naomi Robinson, Plaintiff, Lucille Jackson, sustained personal injuries, including, but not limited to, neck, back, shoulder, and left arm pain. 6. "An individual who is not an owner of a currently registered private passenger motor vehicle and who is not a named insured or insured under any private passenger motor vehicle policy shall not be precluded from maintaining an action for noneconomic loss or 2 economic loss sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law." 75 Pa. C.S.A. § 1705(b)(3). 7. Mr. and Ms. Jackson were not named insureds or insureds under Ms. Battle's insurance Policy ("Ms. Battle's insurance policy") with Progressive Insurance Company covering the Mercury. 8. At the time of the collision, Mr. and Mrs. Jackson did not own of a registered private passenger motor vehicle and were not named insureds or insureds under any private passenger motor vehicle policy. 9. Ms. Battle's insurance policy states that a relative is "a person residing in the same household as you, and related to you by blood ...." See a copy of Ms. Battle's insurance policy attached as "Exhibit A." 10. At the time of the collision, Plaintiffs, Mr. and Ms. Jackson, lived at 155 Watson Street in Steelton, in Dauphin County, Pennsylvania. 11. At the time of the collision Ms. Battle, lived at 3015 Market Street, Apt. 2-W in Camp Hill, in Cumberland County, Pennsylvania. 12. In Ickes v Burkes, 713 A.2d 653 (Pa. Super. Ct. 1998), the court held that a wife who was a passenger involved in an accident "was not bound by the limited tort option on her husband's uninsured vehicle despite her status as a resident relative .... The court found that the wife was entitled to full tort benefits by operation of 75 Pa. C.S.A § 1705(b)(3) because: 1) she was not an `owner' of a currently registered motor vehicle; 2) she was not an `insured under any private passenger motor vehicle policy;' and 3) she was not at fault in the accident." Ickes v. Burkes, 71.3 A.2d 653, 656 (Pa. Super. Ct.1998). 3 13. Therefore, any reference to, testimony of, or introduction into evidence of Plaintiffs' daughters' insurance policy being limited tort should be excluded because Ms. Jackson "1) was not an `owner' of a currently registered motor vehicle, 2) was not insured under any private passenger motor vehicle policy, and 3) was not at fault in the accident." Ickes v. Burkes, 713 A.2d 653, 656 (Pa. Super. Ct.1998). 14. Under the facts of this case, Mr. and Mrs. Jackson are entitled to full tort benefits and permitted to pursue non-economic damages. 75 Pa.C.S.A § 1705 15. Therefore, any reference to, testimony of, or introduction into evidence of Ms. Battle's insurance policy being limited tort should be excluded because it is irrelevant and can only serve to prejudice the jury 16. Furthermore, any reference to, testimony of, or introduction into evidence of Plaintiffs' daughters' insurance policy providing First Party benefits to Ms. Jackson should be excluded because it is irrelevant and can only serve to prejudice the jury. 17. Pursuant to the collateral source rule, a defendant is not permitted to offer evidence that the plaintiff has been compensated by a third party, in the form of insurance or otherwise. Boudwin v. Yellow Cab Co., 410 Pa. 31, 188 A.2d 259 (1963) (citing Ridgeway v. Sayre Elec. Co., 258 Pa. 400, 407, 102 A. 123, 125 (1917). 18. It is well established under Pennsylvania law that "[a]ll relevant evidence is admissible, except as otherwise provided by law, [and] [e]vidence that is not relevant is not admissible." Pa. R.E. 402. 4 19. "Relevant evidence" is defined as evidence tending to make the existence of any fact of consequence to the determination of the action more or less probable than it would be without the evidence. Pa. R.E. 401. 20. Even relevant evidence "may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury." Pa. R.E. 403. 21. "The trial judge has broad discretion regarding the admission of potentially misleading or confusing evidence. Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice or confusion. The function of the trial court is to balance the alleged prejudicial effect of the evidence against its probative value." Leahy v. McClain, 1999 Pa. Super 145, p.16, 732 A.2d 619, 624 (1999) (quoting Sprague v. Walter, 441 Pa. Super. 1, 39, 656 A.2d 890, 909 (1995)); see also Pa. R.E. 403. 22. In Pennsylvania, "it is the trial court's function to exclude evidence which would confuse the jury and divert their attention from the primary issues in a case." Gallegor v. Felder, 329 Pa. Super. 204, 211, 478 A.2d 34, 38 (1984) (citing Feld v. Merriam, 314 Pa. Super. 414, 461 A.2d 225 (1983). 23. In the present case any reference to, testimony of, or introduction into evidence regarding Ms. Battle's insurance policy being limited tort should be excluded because Mr. and Ms. Jackson are entitled to full tort benefits under Pennsylvania law and mentioning Ms. Battle's limited tort coverage would confuse the jury and divert their attention from the primary issues in the case. Mentioning limited tort is irrelevant and immaterial. Even if describing Ms. Battle's 5 insurance policy as limited tort was relevant its probative value is substantially outweighed by the danger of unfair prejudice or confusion. 24. In the present case any reference to, testimony of, or introduction of evidence regarding Ms. Battle's insurance policy providing First Party benefits to Mr. and Ms. Jackson should be excluded and mentioning the receipt of First Party benefits can only serve to confuse the jury and divert their attention from the primary issues in the case. Mentioning First Party benefits received is irrelevant and immaterial. WHEREFORE, Plaintiff moves this Court for the issuance of an Order precluding Defendant from making reference to, offering testimony of, or otherwise introducing into evidence Ms. Battle's insurance policy with Progressive Insurance Company. Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: July 14, 2011 By: ( a,, Stephe . He d 663) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Attorneys for Plaintiffs, Lucille and William Jackson 6 Stephen G. Held, Esquire Attorney ID# 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Held@hhrlaw.com Attorney for Plaintiffs LUCILLE JACKSON and WILLIAM JACKSON, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 08-3304 : CIVIL ACTION - LAW NAOMI ROBINSON, Defendant CERTIFICATE OF SERVICE On July 15, 2011, I hereby certify that a true and correct copy of Plaintiffs' Motion in Limine to Preclude Testimony of or Reference to Linda Battle's Insurance Policy was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Stephen L. Banko, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Defendant HANDLER, HENNING & ROSENBERG, LLP Ste ld, Esquire I.D. o.: 72663 Attorney for Plaintiffs CAI TL 10 LUCILLE JACKSON AND WILLIAM JACKSON V NAOMI ROBINSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3304 CIVIL TERM ORDER OF COURT AND NOW, August 1, 2011, upon relation of the Court Administrator that this case cannot be reached this trial term due to the number of cases on the trial list, IT IS HEREBY ORDERED AND DIRECTED that this case be continued until the September 19, 2011 trial term. The Prothonotary is directed to relist this case for the September 19, 2011 trial term. Counsel are notified that they need not attend the Call of the List and no additional Pretrial Conference will be scheduled unless requested by either party. This case will be given preference and placed at the head of the list. 'Stephen G. Held, Esquire For the Plaintiff Stephen L. Banko, Jr., Esquire For the Defendant Court Administrator -;n pile Prothonotary CoP`e-s '1 0110 By the Court, Hess, P.J. ?+ C:= '?-_ LUCILLE JACKSON AND IN THE COURT OF COMMON PLEAS OF WILLIAM JACKSON, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. NAOMI ROBINSON, DEFENDANT NO. 08-3304 CIVIL VERDICT SLIP 1. Do you find that Defendant, Naomi Robinson was negligent? Yes x No 2. Was Defendant's negligence a factual cause in bringing about any of Lucille Jackson's and William Jackson's harm? Yes Y, No If your answer to Question No. 2 is No, Lucille Jackson and William Jackson cannot recover for any of her injuries and/or losses and you should not answer any further questions and should return to the Courtroom. 3. State the amount of damages, sustained by Lucille Jackson and William Jackson, as a result of the negligence of Naomi Robinson: i. Total Compensatory Damages for Plaintiff, Lucille Jackson: ii. Total Compensatory Damages for Plaintiff, William Jackson: Total Compensatory Damages For Plaintiffs: Q ? I1 I ?1 Date i1 • V l~ y LUCILLE & WILLIAM JACKSON In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2008-3304 Judge: EBERT ---- V S ---- NAOMI ROBINSON JURORS Attorney: tee/ & e Attorney: Date: /7 h/ No. 1 IIIII0111MMIINMINNI Juror # SEP19-61 NAMES OF JURORS CALLED AUSTEN, LEZLI J CAUSE P D 2 IIIIIIIIIIIInviown SEP19-32 TSENOFF, MELISSA A 3 IIIiIINII1111AN1mmin 4 IIIIIIpn1MIIomin SEP19-144 SEP19-225 WILSON,, III JOHN C BARRICK, ROGER W 5 ? - _ NN 7 IIIIIIIINIIINNIIINIb11 SEP19-104 STEVENS, KIMBERLY A g IIINIIINIII111?1111111 SEP19-89 BURDICK, NEIL E 9 IIIINIIIIIIIIIINIIMIIIII SEP19-21 MEARKLE, JENNIFER A 10 11 IflI11MNNIIlY111?INi111N SEP19-40 BYERLY, TIMOTHY A 12 IIIIIIIIIIIIIIIIIINNINIII SEP19-124 BOTTS, MAXINE A 13 IIIIIIIIIIIIIIII?IHIIII SEP19-76 KOLENO, SHARLENE L 111 14 III EP1 - 15 iminIIIImniown D ` 16 IIIIIIIIIbIIIIIIdlgl u SEP19-35 BEAUREGARD, JASON V 17 IIIWIINIIIIIIIIIIINIIIIIII SEP19-327 GOUSE, MICHELLE I Ililll 19-63 LEV E 2O INII11111?11 - " TZ, PAUL 22 1111111111111118111111N1111111 SEP19-223 TYRRELL, WILLIAM R LUCILLE & WILLIAM JACKSON ---- V S ---- NAOMI ROBINSON No. I Juror # In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2008-3304 Judge: EBERT Attorney: Attorney: Date: JURORS NAMES OF JURORS CALLED CAUSE P D 1111MOIINNIIIINII SEP19-113 RUNK, SELENA K 25 IIII NININNII SEP19-142 HOFFMAN, STEPHEN F 26 II1111III1111Ind SEP19-229 MCVEY, BARBARA J 27 IIIIINII11111wIIIIIIII SEP MILLER, ELIZABETH J 28 III111I11111IIIIIIIumn SEP19-267 ERMAN, COURTNEY A 29 IIIImNIIIIIINIIINIIIII SEP19-53 ROPER, B A 30 IIIININIIIIINIINImI11111 SEP19-120 MASSIE, LE C 31 IIIIIIIIII111111I1111NII1 SEP19-152 M ISON, TRACI L 32 IIINIIINIIINIINIIIIIIIiII SEP19 HOOVER, ROBERT E 33 II1111111IIIN111w1111i EP19-15 MINCK, ROBERT D 34 IIIIIIII 811111 SEP19-187 ROGERS, PATRICIA A II11N111MN1011111 SEP19-295 HILLARD,, JR DONALD R 36 37 38 39 40 41 F4?2- 43 44 STEPHEN '_. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill. PA 17011 Telephone (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LUCILLE JACKSON and WILLIAM JACKSON, her husband, DOCKET NO. 08-3304 Plaintiffs. CIVIL ACTION - LAW V. NAOMI R.OBINSON, JURY TRIAL DEMANDED Defendant PRAECIPE TO ENTER JUDGMENT UPON JURY VERDICT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: P rsuant to Pa. R.C.P. No. 237, kindly enter judgment on the verdict returned in the above-rFferenced captioned action by the jury on Monday, September 19, 2011. In accordance with the Certificate of Service attached hereto, a copy of this Praecipe has been served upon Stephen G. Held, Esquire, counsel for Plaintiffs. Ob.IS EDELSTEIN n ~? Date: By: STE-PHgN L. BANKO, JR. Counse for Defendant C?tw? g-14 W el ay o 3 2- Kb ?iik dUCL? "" 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 (?_+bel) 2011, and addressed as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiffs) 1 i Angela ayman, Secre ry