HomeMy WebLinkAbout05-5523TT-24-2005 MON 01:36 PM HANDLER HENNING FAX NO. 7172333029 P. 02
JOANN QUACKENBUSH, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : NO. 05 - S?5a3 ?cv?l??
RONALD L. HOWARD, SR., RONALD : CIVIL ACTION - LAW
L. HOWARD, JR., and ROBERT
QUACKENBUSH,
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, 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.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, kA 17013
OCT-24-2005 NON 01:106 PM HANDLER HENNING FAX NO. 7172333029 P. 03
JOANN QUACKENBUSH, : IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v. : NO.
RONALD L. HOWARD, SR., RONALD : CIVIL ACTION - LAW
L. HOWARD, JR., and ROBERT
QUACKENBUSH,
Defendants : JURY TRIAL DEMANDED
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 prhximos
veinte (20) dias despuds de la notificacibn 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 sums de dinero reclamada en la demanda o cualquier otra
reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte
sin mas aviso adicional. Usted puede perder dinero a propiedad u otros derechos importantes
para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. Sl USTED
NO TIENE UNABOGADO, LLAME 0 VAYAA LASIGUIENTE OFICINA. ESTAOFICINAPUEDE
PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE
ESTA OPICINA LE PLTEDA PROVEER INPORMACION SOBRE AGFNCIAS QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFIC.4N.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
FAWP Directories\BWS\P.nswers\New Matter\Quackenbush - New Matter.wpd
JOANN QUACKENBUSH, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : NO: 05-5523
RONALD L. HOWARD, SR., RONALD : CIVIL ACTION - LAW
L. HOWARD, JR., and ROBERT
QUACKENBUSH,
Defendants : JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER
AND NOW, comes the Plaintiff, Joann Quackenbush, by and through her attorneys,
HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esquire, who answers
Defendants' New Matter as follows:
48. Denied. The averments in Paragraph 48 of Defendant's New Matter
contain conclusions of law to which no response is required. However, if it is judicially
determined that a response is required, the averments are specifically denied, with strict
proof thereof demanded at the time of trial. By way of further argument, Defendant does
not allege sufficient facts to support this allegation.
49. Denied. The averments in Paragraph 49 of Defendant's New Matter
contain conclusions of law to which no response is required. However, if it is judicially
determined that a response is required, the averments are specifically denied, with strict
proof thereof demanded at the time of trial. By way of further argument, Defendant does
not allege sufficient facts to support this allegation.
50. Denied. The averments in Paragraph 50 of Defendant's New Matter
contain conclusions of law to which no response is required. However, if it is judicially
determined that a response is required, the averments are specifically denied, with strict
proof thereof demanded at the time of trial. By way of further argument, Defendant does
not allege sufficient facts to support this allegation.
WHEREFORE, Plaintiff, Joann Quackenbush, respectfully requests that this
Honorable Court dismiss Defendants' New Matter and enter judgment in her favor.
Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
Date: I - J - d 6 By: -,,?,
Jason C. Imler, Esquire
JOANN QUACKENBUSH, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO: 05-5523
RONALD L. HOWARD, SR., RONALD : CIVIL ACTION - LAW
L. HOWARD, JR., and ROBERT
QUACKENBUSH,
Defendants : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 25`h day of January, 2006, 1 hereby certify that I have served the within
document upon Counsel for Defendant by sending a true and correct copy of the same to him
via First Class United States mail, postage prepaid, and addressed as follows:
First Class U.S. Mail:
Jeffrey B. Rettig, Esq.
Osborne & Rettig
126-128 Walnut Street
Harrisburg, PA 17101
JoAnne E. Kinzel, Esq.
Law Office of Snyder & Dorer
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
HANDLER, HENNING & ROSENBERG, LLP
, -t y') (SILL o?- (. )R Q czs
Maria Wells, Legal Secretary
to Jason C. Imler, Esquire
? tl
( ,. ...
F:\WP Directories\JCI\trial\Quackenbush\Complaint.wpd
JOANN QUACKENBUSH, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : NO.
RONALD L. HOWARD, SR., RONALD : CIVIL ACTION - LAW
L. HOWARD, JR., and ROBERT
QUACKENBUSH,
Defendants : JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, JoAnn Quackenbush, by and through herattorneys,
HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esquire, and makes the
within Complaint against the Defendants, Ronald L. Howard, Sr., Ronald L. Howard, Jr.,
and Robert Quackenbush, as follows:
1. Plaintiff, JoAnn Quackenbush, is a competent adult individual currently
residing at 527 North 3rd Street, West Fairview, Cumberland County, Pennsylvania 17025.
2. Defendant, Ronald L. Howard, Sr., is a competent adult individual currently
residing at 218 Basin Road, Duncannon, Perry County, Pennsylvania 17020.
3. Defendant, Ronald L. Howard, Jr., is a competent adult individual currently
residing at 218 Basin Road, Duncannon, Perry County, Pennsylvania 17020.
4. Defendant, Robert Quackenbush, is a competent adult individual currently
residing at 527 North 3rd Street, West Fairview, Cumberland County, Pennsylvania 17025.
5. At all times material hereto, Plaintiff, JoAnn Quackenbush, was the owner
and front seated passenger of a 1999 Chevrolet, bearing Pennsylvania Registration Plate
Number ESP7498 (hereinafter referred to as "Quackenbushs' vehicle").
6. At all times material hereto, Defendant, Robert Quackenbush was the
operator of Quackenbushs' vehicle.
7. At all times material hereto, Defendant, Ronald L. Howard, Jr., was the
operator of a 1995 Dodge owned by Defendant, Ronald L. Howard, Sr., bearing
Pennsylvania Registration Plate Number DTD5115 (hereinafter referred to as "Howards'
vehicle").
8. Atthetime of the collision, Plaintiff, JoAnn Quackenbush, was insured under
a motor vehicle policy through Nationwide Insurance Company. Plaintiff was covered by
the Full Tort Option.
9. On or about February 24, 2004, at approximately 9:00am, Quackenbushs'
vehicle, was traveling on Market Street, in the Village of West Fairview, approaching the
intersection with routes 11/15, East Pennsboro Township, Cumberland County,
Pennsylvania.
10. On or about February 24, 2004, at approximately 9:00am, Howards' vehicle,
was traveling northbound on routes 11/15 near the intersection Market Street, in the Village
of West Fairview, East Pennsboro Township, Cumberland County, Pennsylvania.
11. At approximately the same time and place, the Quackenbushs' vehicle was
entering the intersection of routes 11/15 and Market Street, attempting to make a left turn
onto Route 11/15 South.
12. As Quackenbushs' vehicle entered the intersection, it was violately struck on
the driver's side by Howards' vehicle.
13. At all times material hereto, a traffic control device was properly operating at
-2-
the intersection of 11/15 and Market Street.
14. As a direct and proximate result of the negligence of Defendants, the Plaintiff,
JoAnn Quackenbush, sustained serious and extensive injuries as set forth more
specifically below.
COUNTI - NEGLIGENCE
JOANN QUACKENBUSH v. RONALD L. HOWARD, JR.
15. Paragraphs 1 through 14 are incorporated herein as if set forth at length.
16. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff,
JoAnn Quackenbush, were caused directly and proximately by the negligence of
Defendant, Ronald L. Howard, Jr., more specifically, as set forth below:
a. In failing to yield the legal right-of-way to Quackenbushs' vehicle in,
violation of 75 Pa.C.S.A. § 3324;
b. In failing to be reasonably vigilant to observe Quackenbushs' vehicle;
C. In failing to properly and adequately observe the traffic conditions
then and there existing;
d. In driving in a careless manner in violation of 75 Pa. C.S.A. § 3714;
e. In failing to operate said vehicle in such a manner that would allow
Defendant, Ronald L. Howard, Jr., to apply the brakes and stop
before contacting Quackenbushs' vehicle;
f. In failing to operate Howards' vehicle under proper and adequate
control so that Defendant, Ronald L. Howard, could avoid striking
Quackenbushs' vehicle;
-3-
g. 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);
h. 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);
i. In failing to keep a proper lookout for vehicles lawfully proceeding
from side streets;
j. In driving his vehicle upon a roadway in a manner endangering
persons and property and in a manner with careless disregard to the
rights and safety of others in violation of the Motor Vehicle Code of
the Commonwealth of Pennsylvania;
k. In negligently driving his vehicle into the intersection of Market Street
and routes 11/15 without properly stopping;
In failing to have due regard for the speed of the vehicles and the
traffic upon, and the condition of, the highway, in violation of 75 Pa.
C.S.A. § 3310(a);
M. In operating Defendants' vehicle at a speed in excess of the posted
speed limit;
n. In failing to exercise the high degree of care required of a motorist
entering an intersection; and
o. In failing to be reasonably vigilant to observe the road and traffic
conditions then and there existing.
17. As a direct and proximate result of the negligence of Defendant, Ronald L.
-4-
Howard, Jr., Plaintiff, JoAnn Quackenbush, sustained severe injuries, including, but not
limited to, left mid facial fractures, post traumatic stress, back pain, chest pain, right hand
pain, and wrist pain.
18. As a direct and proximate result of the negligence of Defendant, Ronald L.
Howard, Jr., Plaintiff, JoAnn Quackenbush, 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.
19. As a direct and proximate result of the negligence of Defendant, Ronald L.
Howard, Jr., Plaintiff, JoAnn Quackenbush, has suffered lost wages and will in the future
continue to suffer a loss of income and/or loss of earning capacity.
20. As a direct and proximate result of the negligence of Defendant, Ronald L.
Howard, Jr., Plaintiff, JoAnn Quackenbush, 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.
21. As a direct and proximate result of the negligence of Defendant, Ronald L.
Howard, Jr., Plaintiff, JoAnn Quackenbush, has been, and probably will in the future be,
hindered from attending to her daily duties, to her great detriment, loss, humiliation, and
embarrassment.
22. As a direct and proximate result of the negligence of Defendant, Ronald L.
Howard, Jr., Plaintiff, JoAnn Quackenbush, has suffered a loss of life's pleasures, and will
continue to endure the same in the future, to her great detriment and loss.
23. Plaintiff, JoAnn Quackenbush, believes and, therefore, aversthat her injuries
-5-
are permanent in nature.
WHEREFORE, Plaintiff, JoAnn Quackenbush, seeks damages from Defendant,
Ronald L. Howard, Jr., in an amount in excess of the compulsory arbitration limits of
Cumberland County, Pennsylvania, exclusive of interest and costs.
COUNT If - NEGLIGENCE
JOANN QUACKENBUSH v. ROBERT QUACKENBUSH
24. Paragraphs 1 through 23 are incorporated herein as if set forth at length.
25. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff,
JoAnn Quackenbush, were caused directly and proximately by the negligence of
Defendant, Robert Quackenbush, more specifically, as set forth below:
a. In failing to yield the legal right-of-way to Howards' vehicle in, violation
of 75 Pa.C.S.A. § 3324;
b. In failing to be reasonably vigilant to observe Howards' vehicle;
C. In failing to properly and adequately observe the traffic conditions
then and there existing;
d. In driving in a careless manner in violation of 75 Pa. C.S.A. § 3714;
e. 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);
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 failing to keep a proper lookout for vehicles lawfully proceeding
-6-
north on Route 11115;
h. In driving his vehicle upon a roadway in a manner endangering
persons and property and in a manner with careless disregard to the
rights and safety of others in violation of the Motor Vehicle Code of
the Commonwealth of Pennsylvania;
i. In negligently driving his vehicle into the intersection of Market Street
and routes 11/15 without properly stopping;
j. In failing to exercise the high degree of care required of a motorist
entering an intersection; and
k. In failing to be reasonably vigilant to observe the road and traffic
conditions then and there existing.
26. As a direct and proximate result of the negligence of Defendant, Robert
Quackenbush, Plaintiff, JoAnn Quackenbush, sustained severe injuries, including, but not
limited to, left mid facial fractures, post traumatic stress, back pain, chest pain, right hand
pain, and wrist pain.
27. As a direct and proximate result of the negligence of Defendant, Robert
Quackenbush, Plaintiff, JoAnn Quackenbush, 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.
28. As a direct and proximate result of the negligence of Defendant, Robert
Quackenbush, Plaintiff, JoAnn Quackenbush, has suffered lost wages and will in the future
continue to suffer a loss of income and/or loss of earning capacity.
29. As a direct and proximate result of the negligence of Defendant, Robert
-7-
Quackenbush, Plaintiff, JoAnn Quackenbush, has been compelled, in orderto 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.
30. As a direct and proximate result of the negligence of Defendant, Robert
Quackenbush, Plaintiff, JoAnn Quackenbush, has been, and probably will in the future be,
hindered from attending to her daily duties, to her great detriment, loss, humiliation, and
embarrassment.
31. As a direct and proximate result of the negligence of Defendant, Robert
Quackenbush, Plaintiff, JoAnn Quackenbush, has suffered a loss of life's pleasures, and
will continue to endure the same in the future, to her great detriment and loss.
32. Plaintiff, JoAnn Quackenbush, believes and, therefore, avers that her injuries
are permanent in nature.
WHEREFORE, Plaintiff, JoAnn Quackenbush, seeks damages from Defendant,
Robert Quackenbush, in an amount in excess of the compulsory arbitration limits of
Cumberland County, Pennsylvania, exclusive of interest and costs.
COUNT III - NEGLIGENT ENTRUSTMENT
JOANN QUACKENBUSH v. RONALD L. HOWARD, SR.
33. Paragraphs 1 through 32 above are incorporated herein as if set forth
at length.
34. At all times material hereto, Defendant, Ronald L. Howard, Sr., owned the
vehicle operated by Defendant, Ronald L. Howard Jr.
35. The occurrence of the aforementioned collision and all of the resultant
-8-
injuries to Plaintiff, JoAnn Quackenbush, are the direct and proximate result of the
negligence, carelessness, and/or recklessness of the Defendant, Ronald L. Howard, Sr.,
in allowing Ronald L. Howard Jr. to operate his vehicle when he knew, or should have
known, of his propensity to operate motor vehicles in the manner set forth in Paragraph
16(a) - (o) above.
36. As a direct and proximate result of the negligence of the Defendant, Ronald
L. Howard, Sr., the Plaintiff, JoAnn Quackenbush, sustained severe injuries including, but
not limited to, left mid facial fractures, post traumatic stress, back pain, chest pain, right
hand pain, and wrist pain.
37. As a result of the negligence of Defendant, Ronald L. Howard, Sr., the
Plaintiff, JoAnn Quackenbush, has been, and will in the future be, hindered from
performing the duties required by her usual occupation and from attending to her daily
duties and chores, to her loss, humiliation and embarrassment.
38. As a result of the negligence Defendant, Ronald L. Howard, Sr., the Plaintiff,
JoAnn Quackenbush, has suffered great physical pain, discomfort, and mental anguish,
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.
39. As a result of the negligence of Defendant, Ronald L. Howard, Sr., the
Plaintiff, JoAnn Quackenbush, has suffered lost wages and will in the future continue to
suffer a loss of income and/or loss of earning capacity.
40. As a result of the negligence of Defendant, Ronald L. Howard, Sr., the
Plaintiff, JoAnn Quackenbush, 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
-9-
required to expend money for the same purposes in the future, to her detriment and loss.
41. As a result of the negligence of Defendant, Ronald L. Howard, Sr., the
Plaintiff, JoAnn Quackenbush, has suffered a loss of life's pleasures, and will continue to
endure the same in the future to her detriment and loss.
42. Plaintiff, JoAnn Quackenbush, believes and, therefore, avers that her injuries
are permanent in nature.
WHEREFORE, Plaintiff, JoAnn Quackenbush, seeks damages from Defendant,
Ronald L. Howard, Sr., in an amount in excess of the compulsory arbitration limits of
Cumberland County, exclusive of interest and costs.
COUNT IV - LOSS OF CONSORTIUM
JOANN QUACKENBUSH v. RONALD L. HOWARD, SR. and
RONALD L. HOWARD JR.
43. Paragraphs 1 through 42 above are incorporated herein as if set forth
at length.
44. At all times material to this action, Plaintiff, JoAnn Quackenbush and
Defendant, Robert Quackenbush, were married as husband and wife.
45. As a direct and proximate result of Defendants', Ronald L. Howard, Sr., and
Ronald L. Howard, Jr., negligence, the Plaintiff, JoAnn Quackenbush, has suffered a loss
of consortium, society, and comfort from her husband, Robert Quackenbush, and she will
continue to suffer a similar loss in the future.
46. As a direct and proximate result of Defendants', Ronald L. Howard, Sr., and
Ronald L. Howard, Jr., negligence, the Plaintiff, JoAnn Quackenbush, has been compelled,
in order to effect a cure for her husband's injuries, to expend money for medicine and
10-
medical attention and will be required to expend money for the same purposes in the
future, to her great detriment and loss.
WHEREFORE, Plaintiff, JoAnn Quackenbush, seeks damages from the
Defendants, Ronald L. Howard, Sr., and Ronald L. Howard, Jr., in an amount in excess of
the compulsory arbitration limits of Cumberland County.
Respectfully Submitted,
HANDLER, HENNING & ROSENBERG, LLP
Date:
By ^ ?z
Jason C. Imler, Esquire
Attorney I.D. # 87911
1300 Linglestown Road
Harrisburg, PA 17110
(717) 238-2000
Attorney for Plaintiff
-11-
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: Ge2 ?L
46Ann Quackenbush
jtcll
V-t
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CASE NO: 2005-05523 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
QUACKENBUSH JOANN
VS
HOWARD RONALD L SR ET AL
WILLIAM CL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
QUACKENBUSH ROBERT the
DEFENDANT , at 2006:00 HOURS, on the 26th day of October , 2005
at 527 NORTH 3RD STREET
WEST FAIRVIEW, PA 17025
ROBERT QUACKENBUSH
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service 14.40
Affidavit .00
Surcharge 10.00
.00
30.40
So Answers:
R. Thomas Kline
11/30/2005
HANDLER HENNING ROSENBERG
Sworn and Subscribed to before
m'?e`f this 1? (o day of
" a5 A. D.
Luz
Prot ary
By: /I I
Deputy Sheriff
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-05523 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
QUACKENBUSH JOANN
VS
HOWARD RONALD L SR ET AL
R. Thomas
, 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:
HOWARD RONALD L SR
but was unable to locate Him
deputized the sheriff of PERRY
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On November 30th 2005 this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answ,.
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R`. Thomas l ne
Dep Perry County 113.65 Sheriff of Cumberland County
Postage 1.48
152.13
11/30/2005
HANDLER HENNING ROSENBERG
Sworn and subscribed to before me
this (a? day of
hQz•
Ali eS? A. D.
Pro otar
in his bailiwick. He therefore
. SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-05523 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
QUACKENBUSH JOANN
VS
HOWARD RONALD L SR ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made_ a diligent search and
and inquiry for the within named DEFENDANT
HOWARD RONALD
but was unable to locate Him in his bailiwick
to wit:
He therefore
deputized the sheriff of PERRY County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On November 30th , 2005 this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answer N
Docketing 6.00
Out of County .00 J T r
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00
11/30/2005
HANDLER HENNING ROSENBERG
Sworn and subscribed to before me
this (, E day of
A
P4MY
In The Court of Common Pleas of Cumberland County, Pennsylvania
Joann Quackenbush
vs.
Ronald L. Howard et al
SERVE: Ronald L. Howard Sr.
Now, -_ October 26, 2005
hereby deputize the Sheriff of
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
d
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
No. 05-5523 civil
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
20, at o'clock M. served the
and made known to
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this day of 20,
copy of the original
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
County, PA
In The Court of Common Pleas of Cumberland County, Pennsylvania
Joann Quackenbush
VS.
Ronald L. Howard et al
SERVE: Ronald L. Howard Jr. No. 05-5523 civil
Now, October 26, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of PP,-r?, County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
6
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this day of 20
copy of the original
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
20, at _ o'clock M. served the
County, PA
SHERIFFS RETURN
Joann Quackenbush
VS
Ronald L. Howard, Sr. &
Ronald L. Howard, Jr.
218 Basin Hill Rd.
Duncannon, PA 17020
In the Court of Common Pleas
Of the 41" Judicial District
of Pennsylvania-
Perry County Branch
No. 2005-5523 Cumberland County
Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a
diligent search and inquiry for the within named Defendant(s) to wit, Ronald L.
Howard,Sr. and Ronald L. Howard, Jr. but was unable to locate him/her in his
bailiwick. He therefore returns the within Complaint for the above named
Defendant(s) Ronald L. Howard, Sr. and Ronald L.Howard, Jr. at 218 Basin Hill
Rd. Duncannon, PA 17020,NOT FOUND. MADE 7 ATTEMPTS. IT APPEARS
THAT NO ONE IS LIVING THERE. VEHICLES THAT WERE 1sT THERE ARE
NOT THERE ANYMORE.
So Answers,
Sworn and subscribed to before me
this-)-3 day of A!61 qw/if 2005.
NOTARIAL SEAL
FtARGARET FFUCNINGER, NOTARY PUBLIC
L'BL60OMFISiESWO BORO., PERRY COUNTY
MY MMIION EXPIRES FEB.16 2006
Carl E. Nace
Sheriff of Perry County
05HB-00150
LAW OFFICE OF SNYDER & DORER
214 SENATE AVENUE, SUITE 503
CAMP HILL, PA 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANT, ROBERT QUACKENBUSH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JoAnn Quackenbush, (Case No.: 05-5523 Civil Term
Plaintiff
vs.
TRIAL DEMANDED
Ronald L. Howard, Sr., Ronald L. Howard, Jr., and
Robert Quackenbush,
Defendants
ANSWER OF DEFENDANT, ROBERT (2UACKENBUSH,
TO PLAINTIFF'S COMPLAINT
AND NOW comes the Defendant, Robert Quackenbush, by his attorney, JoAnne E.
Kinzel, Esquire, and sets forth the following Answer to the Plaintiff's Complaint:
1. Paragraph 1 of the Complaint is admitted.
2.- 3. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations in paragraphs 2 and 3 of the
Complaint. Therefore, they are denied and strict proof is demanded.
4.-6. Paragraphs 4 through 6 of the Complaint are admitted.
7. Upon information and belief, paragraph 7 of the Complaint is admitted.
8.-10. Paragraphs 8 through 10 of the Complaint are admitted.
11. Paragraph I1 of the Complaint is admitted with the clarification that the traffic
light controlling Mr. Quackenbush 's direction of travel was green at the time he entered the
intersection to make a left turn onto Route 11/ 15.
12. Paragraph 12 of the Complaint is admitted with the clarification that the
collision between the Quackenbush and Howard vehicle occurred because Defendant Howard
ran a red light controlling his direction of travel.
13. Upon information and belief, paragraph 13 of the Complaint is admitted.
14. To the extent that paragraph 14 of the Complaint is intended to allege that any
injuries suffered by Mrs. Quackenbush were the result of any negligent act or omission on the
part of Mr. Quackenbush, said allegations are specifically and generally denied.
COUNTI
15.-23. Paragraphs 15 through 23 of the Complaint are directed to another Defendant.
Therefore, no response is required of Defendant, Robert Quackenbush.
WHEREFORE, Plaintiff s Complaint against Defendant, Robert Quackenbush should
be dismissed with costs in this Defendant's behalf sustained.
COUNT II
24. In response to paragraph 24 of the Complaint, Defendant incorporates herein by
reference paragraphs I through 14 above as though set forth at length.
25. The allegations in paragraph 25 of the Complaint, including sub-paragraphs (a)
through (k), are denied generally pursuant to Pa.R.C.P. §1029(e).
26.-32. To the extent paragraphs 26 through 32 of the Complaint are intended to
or imply that Robert Quackenbush was negligent, or that he caused any of the injuries and
damages allegedly suffered by Plaintiff, JoAnn Quackenbush, said allegations are specifically
and generally denied. On the contrary, Defendant, Robert Quackenbush at all times operated
his vehicle with the requisite degree of care and caution and entered the intersection only after
the traffic light in his favor turned green. By way of further answer, Defendant asserts that
Plaintiff bears the burden of proof at trial for any injuries allegedly sustained in the accident.
WHEREFORE, Plaintiff s Complaint against Defendant, Robert Quackenbush should
be dismissed with costs in this Defendant's behalf sustained.
COUNT III
33.-42. Paragraphs 33 through 42 of the Complaint are directed to other parties.
Therefore, no response is required of Defendant, Robert Quackenbush.
WHEREFORE, Plaintiff, s Complaint against Defendant, Robert Quackenbush should
be dismissed with costs in this Defendant's behalf sustained.
COUNT IV
43.-46. Paragraphs 43 through 46 of the Complaint are directed to other parties.
Therefore, no response is required of Defendant, Robert Quackenbush.
WHEREFORE, Plaintiff' s Complaint against Defendant, Robert Quackenbush should
be dismissed with costs in this Defendant's behalf sustained.
Respectfully submitted,
LAW OFFICE OF SNYDER & DORER
By:
JdAti E. Kinzel, Esquire
Id ification No. 55453
Attorney for Defendant, Robert Quackenbush
Date: December 8, 2005
05HB-00150
LAW OFFICES OF JACOBS & ASSOCIATES
214 SENATE AVENUE, SUITE 503
CAMP HILL, PA 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANT, ROBERT QUACKENBUSH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JoAnn Quackenbush,
No.: 05-5523 Civil Term
Plaintiff
vs.
TRIAL DEMANDED
Ronald L. Howard, Sr., Ronald L. Howard, Jr., and
Robert Quackenbush,
Defendants
I, Robert Quackenbush , verify that the statements made in the foregoing An:
of Defendant, Robert Quackenbush to Plaintiff' s Complaint , which are within the pers
knowledge of the undersigned, are true and correct, and as to the facts based on
information of others, the undersigned, after diligent inquiry, believe them to be true.
further, this Verification is signed on the recommendation of my attorneys, who advise me
the allegations and language in this document are required legally to raise issues for resole
at trial, by the Court, or by continuing investigation and preparation for trial. I unders
that some of these allegations may prove inappropriate after investigation and trial prepar,
are complete and I leave the determination of these matters to my attorneys on their advice.
I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A
§4904, relating to unsworn falsifications to authorities.
Dated: J4-/ 5
05HB-00150
LAW OFFICE OF SNYDER & DORER
214 SENATE AVENUE, SUITE 503
CAMP HILL, PA 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANT, ROBERT QUACKENBUSH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JoAnn Quackenbush, (Case No.: 05-5523 Civil Term
Plaintiff
vs.
Ronald L. Howard, Sr., Ronald L. Howard, Jr., and
Robert Quackenbush,
Defendants
TRIAL DEMANDED
OF
JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant,
Robert Quackenbush herein, and that she caused a true and correct copy of the attached
Answer of Defendant Robert Quackenbush, to Plaintiff's Complaint to be served by regular
first class mail upon:
Jason Imler, Esquire
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Ronald L. Howard, Sr.
Ronald L. Howard, Jr.
218 Basin Road
Duncannon, PA 17020
Date: December 8, 2005
JoAnne E. hIn , squire
Attorney for Defendant,
Robert Quackenbush
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Jason C. Imler, Esquire
I.D.#87911
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000 Attorney for Plaintiff
Fax: (717) 233-3029
E-mail: I MLEROhhrlaw.com
JOANN QUACKENBUSH, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : NO. 05-5523 Civil Term
RONALD L. HOWARD, SR., RONALD : CIVIL ACTION - LAW
L. HOWARD, JR., and ROBERT
QUACKENBUSH,
Defendants : JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please reinstate the Complaint in the above referenced matter. Please instruct the Sheriff
of Cumberland County to deputize the Sheriff of Perry County and attempt service of the Complaint
upon the Defendants at the following address:
Ronald L. Howard, Sr. & Ronald L. Howard, Jr.
218 Basin Hill Road
Duncannon, PA 17020
Date:
HANDLER, HENNING & ROSENBERG
By
?:-:: ?4
Jason C. Imler, Esq.
I. D. #87911
1300 Linglestown Road
Harrisburg, PA 17110
(717) 238-2000
OSBORNE & RETTIG, P.C.
126-128 Walnut Street
Harrisburg, PA 17101
Telephone: 717-232-3046
Fax: 717-232-3538
By. Jeffrey B. Rettig, Esquire
Attorney for Defendant
'Zupreme Ct. #19616
r? ettie(&,hos1Macons
JOANN QUACKENBUSH I IN THE COURT OF COMMON PLEAS
Plaintiff f OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
RONALD L. HOWARD, SR., RONALD
L. HOWARD, JR. and ROBERT
QUACKENBUSH
Defendants
NO: 05-5523
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO: PROTHONOTARY
Please enter the appearance of Jeffrey B. Rettig, Esquire, and Osborne &
Rettig, P.C., on behalf of Defendants, Ronald Howard, Sr. and Ronald Howard Jr. in the above-
captioned action.
Respectfully submitted,
& RETTICr,-P.C.
Jeffrey B. Rettig, Eure
Supreme Ct. I.D. EX16
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Attorney for Defendants, Ronald
Howard, Sr., and Ronald Howrad, Jr.
CERTIFICATE OF SERVICE
I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing
document upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States mail, first-class postage prepaid, as follows:
Jason C. Imler, Esquire
Handler, Handler & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
(Attorney for Plaintiff)
JoAnne E. Kinzel, Esquire
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
(Attorney for Defendant, Robert Quackenbush)
& RETTIG, P.C.
Supreme Ct. I.D. #196-
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Date: ! [7 Attorneys for Defendants, Ronald
Howard, Sr. and Ronald Howard, Jr.
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OSBORNE & RETTIG, P.C.
126-128 Walnut Street
Harrisburg, PA 17101
Telephone: 717-232-3046
Fax: 717-232-3538
By: Jeffrey B. Rettig, Esquire
Attorney for Defendant
Supreme Ct. #19616
irettieahoslawoa. com
JOANN QUACKENBUSH IN THE COURT OF COMMON PLEAS
Plaintiff
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
RONALD L. HOWARD, SR., RONALD
L. HOWARD, JR. and ROBERT
QUACKENBUSH
Defendants
NO: 05-5523
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: Robert Quackenbush Joann Quackenbush
c/o JoAnne E. Kinzel, Esquire c/o Jason C. Imler, Esquire
214 Senate Avenue, Suite 503 1300 Linglestown Road
Camp Hill, PA 17011 Harrisburg, PA 17110
(Attorney for Defendant) (Attorney for Plaintiff
You are hereby notified to file a written response to the enclosed answering Defendants' Answer
with New Matter and Cross Claim within twenty (20) days from service hereof or a judgment may be
entered against you.
OS & RETTIG, P.C.
By: -?
J f r ttig
OSBORNE & RETTIG, P.C.
126-128 Walnut Street
Harrisburg, PA 17101
Telephone: 717-232-3046
Fax: 717-232-3538
By: Jeffrey B. Rettig, Esquire
Supreme Ct. #19616
irettiel&,hoslawna com
JOANN QUACKENBUSH IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
RONALD L. HOWARD, SR., RONALD
L. HOWARD, JR. and ROBERT
QUACKENBUSH
Defendants
NO: 05-5523
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER, NEW MATTER AND CROSS CLAIM
OF DEFENDANTS RONALD L. HOWARD, SR. AND RONALD L. HOWARD, JR.
AND NOW come the Defendants, Ronald L. Howard, Sr. and Ronald L. Howard, Jr. by
their attorneys, Osborne & Rettig, P.C. and Answer Plaintiff's Complaint as follows:
It is admitted that the Plaintiff is who she says she is. As to the balance of the
allegations of this paragraph, after reasonable investigation, Defendants are without knowledge
or information sufficient to form a belief as to the truth thereof and proof is demanded.
2. Admitted.
3. Admitted, except that Ronald L. Howard Jr. is not currently living at 218 Basin
Road.
4. It is admitted that Robert Quackenbush is who he says he is. As to the balance of
the allegations of this paragraph, after reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth thereof and proof is
demanded.
Denied as stated. Upon information and belief, it is admitted that JoAnn
Quackenbush was the front seat passenger of the 1999 Chevrolet. As to the ownership of the
vehicle, after reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth thereof and proof is demanded.
6. On information and belief, this allegation is admitted.
Admitted.
After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth thereof and proof is demanded.
9. Denied as stated. It is admitted that at the date and time alleged, the Quackenbush
vehicle entered the intersection of Market Street and Route 11/15 in the village of West
Fairview. The Quackenbush vehicle entered the intersection on Market Street.
10. Admitted.
11. Denied as stated. It is admitted that the Quackenbush vehicle entered the
intersection of Routes 11/15 and Market Street. As to the balance of the allegations of this
paragraph, after reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth thereof and proof is demanded.
12. Denied as stated. It is admitted that when the Quackenbushs' vehicle entered the
intersection, it was impacted on its driver side by the front of the Howards' vehicle.
13. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth thereof and proof is demanded.
14. The allegation of negligence is denied as a legal conclusion. As to the balance
of the allegations of this paragraph, after reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth thereof and proof is
demanded.
COUNT I - NEGLIGENCE
JOANN QUACKENBUSH v RONALD L. HOWARD. JR.
15. The Answers to paragraphs 1 through 14 above are incorporated herein by
reference thereto.
16. These allegations are denied pursuant to Pa. R.C.P. 1029.
17-22. The allegations of negligence are denied pursuant to Pa. R.C.P 1029. As to the
balance of the allegations of these paragraphs, after reasonable investigation, Answering
Defendant, Ronald L. Howard, Jr. is without knowledge or information sufficient to form a belief
as to the truth thereof and proof is demanded.
23. Denied. After reasonable investigation, Answering Defendant, Ronald Howard,
Jr. is without knowledge or information sufficient to form a belief as to the truth thereof and
proof is demanded.
WHEREFORE, Answering Defendant, Ronald L. Howard, Jr., requests that Count I of
Plaintiff s Complaint be dismissed
COUNT II - NEGLIGENCE
JOANN QUACKENBUSH V. ROBERT QUACKENBUSH
24-32. These allegations are not addressed to Answering Defendants and thus no reply is
required.
COUNT III - NEGLIGENT ENTRUSTMENT
JOANN QUACKENBUSH V. RONALD HOWARD. SR.
33. The answers to paragraphs 1 through 32 above are incorporated herein by
reference thereto.
34. Admitted.
35. Denied. The allegations of this paragraph as well as the allegations in paragraphs
16(a)-(o) are denied pursuant to Pa. R.C.P 1029.
36-41. Denied. It is denied that Answering Defendant, Ronald L Howard, Sr., was
negligent as alleged. As to the balance of the allegations of these paragraphs, after reasonable
investigation, Answering Defendant, Ronald L. Howard, Sr. is without knowledge or
information sufficient to form a belief as to the truth thereof and proof is demanded.
42. Denied. After reasonable investigation, Answering Defendant, Ronald L.
Howard, Sr. is without knowledge or information sufficient to form a belief as to the truth
thereof and proof is demanded
WHEREFORE, Answering Defendant, Ronald L. Howard, Sr., requests that Count III of
Plaintiff s Complaint be dismissed with cost to him.
COUNT IV - LOSS OF CONSORTIUM
JOANN QUACKENBUSH v. RONALD L. HOWARD. SR., and
RONALD L. HOWARD JR.
43. The answers to paragraphs 1 through 42 above incorporated herein by reference
thereto.
44. Denied. After reasonable investigation, Answering Defendants are, without
knowledge or information sufficient to form a belief as to the truth thereof and proof is
demanded.
45-46. Denied. It is denied that the Answering Defendants were negligent as alleged. As
to the balance of the allegations of these paragraphs, after reasonable investigation, Answering
Defendants are without knowledge or information sufficient to form a belief as to the truth
thereof and proof is demanded.
WHEREFORE, Answering Defendants request that Count IV of Plaintiff's Complaint be
dismissed without cost to them.
NEW MATTER IN THE NATURE OF A CROSS CLAIM
RONALD L HOWARD JR. and RONALD L. HOWARD SR., v.
ROBERT QUACKENBUSH
47. The allegations of paragraph 25(a) - (k) of Plaintiff's Complaint are incorporated
herein by reference thereto.
WHEREFORE, if Defendants, Ronald L. Howard, Jr. and Ronald L. Howard, Jr. are held
liable to Plaintiff, which liability is expressly denied, then Defendant, Robert Quackenbush is
solely liable to Plaintiff or liable over to the Answering Defendants on Plaintiff's claims or liable
to Answering Defendants for contribution and/or indemnification.
NEW MATTER ADDRESSED TO PLAINTIFF
48. The limitations of the Pennsylvania Financial Responsibility Act are incorporated
herein by reference thereto.
49. If Plaintiff is subject to the limited tort option, then her claim for non-economic
damages are or may be barred.
50. Plaintiff has or may have failed to mitigate her damages.
WHEREFORE, Answering Defendants request that Plaintiff's Complaint be dismissed
without costs to them.
Respectfully submitted,
OSBORNE & RETTIG, P
/Jeffrey B. Rettig, Esou-
Supreme Ct. I.D. #1W
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Attorney for Defendants, Ronald
Howard, Sr., and Ronald Howrad, Jr.
VERIFICATION
I, Ronald L. Howard, Sr., hereby verify and state that the facts set forth in the foregoing
DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND
CROSS CLAIM are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section
4904 relating to unworn verification to authorities.
Dated:
Ronald L. Howard, Sr.
VERIFICATION
I, Ronald L. Howard, Jr., hereby verify and state that the facts set forth in the foregoing
DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND
CROSS CLAIM are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section
4904 relating to unworn verification to authorities.
Dated: -Aq rl S a?? z6LO?? Ronald L. How d, Jr.
CERTIFICATE OF SERVICE
I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing
document upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States mail, first-class postage prepaid, as follows:
Jason C. Imler, Esquire
Handler, Handler & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
(Attorney for Plainti, fJ)
JoAnne E. Kinzei, Esquire
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
(Attorney for Defendant, Robert Quackenbush)
u rffi"ey B. Rettig, Esq>?,
preme Ct. I.D. #196
126-128 Walnut Street
Harrisburg, PA 17101
(^,17)232-3046
Date: 7 (? Attorneys for Defendants, Ronald
Howard, Sr. and Ronald Howard, Jr.
.,
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CASE NO: 2005-05523 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
QUACKENBUSH JOANN
VS
HOWARD RONALD L SR ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
HOWARD RONALD L SR
but was unable to locate Him
deputized the sheriff of PERRY
serve the within COMPLAINT a NOTICE
to wit:
He therefore
County, Pennsylvania, to
On January 12th , 2006 , this office was in receipt of the
SHERIFF'S RETURN - OUT OF COUNTY
in his bailiwick
attached return from PERRY
Sheriff's
Docketing
Out of Cc
Surcharge
Dep Perry
Postage
Costs:
18
inty 9
10
County 89
1
So answers-.
.00
.00 ,
.00 R. Thomas Kline -
.80 Sheriff of Cumberland County
.87
128.67
01/12/2006
HANDLER HENNING ROSENBERG
Sworn and subscribed to before me
this ao day of
ty(< A.
Proth Wary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-05523 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
QUACKENBUSH JOANN
VS
HOWARD RONALD L SR ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
HOWARD RONALD L JR
but was unable to locate Him
deputized the sheriff of PERRY
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On January 12th , 2006 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answers.,
Docketing 6.00
Out of County .00 !`..
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
nn
01/12/2006
HANDLER HENNING ROSENBERG
Sworn and subscribed to before me
this ;1b day of L>
01 o'D&6?-A -
ro no ary
` In The Court of Common Pleas of Cumberland County, Pennsylvania
Joann Quackenbush
VS.
Ronald L. Howard Sr. et al
SERVE: Ronald L. Howard Sr. No 05-5523 civil
No.
Now December 19, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Pew County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
at
Now,
within
upon _
January 9, 20 06 at 8:31 o'clock P M. served the
Complaint
Ronald L. Howard, Sr.
216 Boasin Hill Rd. Duncannon, PA 17020 (Wheatfield Twp)
by handing to Ronald L. Howard, Sr., Defeu)ant
a True & Attested
and made known to
Him
the contents thereof.
So answers,
Aaron D. Richards
d,4
Deputy Sheriff of Perry County, PA
Sworn and subscribed before
me this !044 day of JQ mks
copy of the original Complaint
COSTS
SERVICE
2066 MILEAGE
n AFFIDAVIT
NOTARY PUBLIC
In The Court of Common Pleas of Cumberland County, Pennsylvania
Joann Quackenbush
vs.
Ronald L. Howard Sr. et al
SERVE: Ronald L. Howard Jr. No. 05-5523 civil
.
December 19, 2005
Now, _, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
r
Sheriff of Cumberland County, PA
Affidavit of Service
Now, January 9, 2006 , 20 06at 8:31 o'clock P M. served the
within Complaint
upon Ronald L. Howard, Jr.
at 216 Bosin Hill Rd. Duncannon, PA 17020 (Wheatfield Twp)
by handing to Ronald L. Howard, Sr
a True & Attested
and made known to Him
Co-Defendant
copy of the original Complaint
the contents thereof.
So answers,
Aaron D. Richards
Aza??, . ICJ
Deputy Sheriff of Perry County, PA
Sworn and subscribed before
me this /p?/lday of ,j naa? 200(,
?(i'1 tr-L Ae,
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
$
NOTARY PUBLIC
RRY COUNTY
05HB-00150
LAW OFFICE OF SNYDER & DORER
214 SENATE AVENUE, SUITE 503
CAMPHILL,PA 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANT, ROBERT QUACKENBUSH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JoAnn Quackenbush,
No.: 05-5523 Civil Term
Plaintiff
vs.
RY TRIAL DEMANDED
Ronald L. Howard, Sr., Ronald L. Howard, Jr., and
Robert Quackenbush.
Defendants
REPLY OF DEFENDANT, ROBERT UACKENBUSH, TO NEW MATTER IN THE
NATURE OF A CROSS CLAIM OF DEFENDANTS, RONALD L. HOWARD, JR.
AND RONALD L. HOWARD, SR.
47. Defendant hereby incorporates his Answer & New Matter as though set forth
length. By way of further answer, Defendant denies that he is liable to any party, in a
amount, under any theory of law.
Respectfully submitted,
LAW OFFICE OF SNYDER & DORER
JoAnne E. Kinzet, squire
Identification No. 55453
Attorney for Defendant, Robert Quackenbush
Date: February 1, 2006
05HB-00150
LAW OFFICE OF SNYDER & RORER
214 SENATE AVENUE, SUITE 503
CAMPHILL,PA 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANT, ROBERT QUACKENBUSH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JoAnn Quackenbush, Case No.: 05-5523 Civil Term
Plaintiff
vs.
Ronald L. Howard, Sr., Ronald L. Howard, Jr., and
URY'lRtAL DEMANDED
Robert Quackenbush,
Defendants
CERTIFICATE OF SERVICE
JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant,
Robert Quackenbush herein, and that she caused a true and correct copy of the attached Reply
of Defendant, Robert Quackenbush, to New Matter in the Nature of a Cross Claim of
Defendants, Ronald L. Howard. Jr. and Ronald L. Howard Sr. to be served by regular first class
mail upon:
Jason Imler, Esquire
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Jeffrey B. Rettig, Esquire
Osborne & Rettig, P.C.
126-128 Walnut Street
Ilanisburg, PA 17101
Date: February 1, 2006
JoAnne E. Kinzef, Esquire
Attorney for Defendant,
Robert Quackenbush
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
QUACKENBUSH
_VS_
HOWARD AND QUACKENBUSH
COURT OF COMMON PLEAS
TERM,
CUMBERLAND
CASE NO: 2005-5523
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JEFFREY B. RETTIG, 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.
DATE: 02/14/2006
MCS n if off0`??`^'"_
/ B RETTIG, ESQ
Attorne for DEFENDANT
DE11-609817 0 3 7 6 6- L 0 1
P ENN S Y LVAN 2 A
COMMONWEALTH 0V
COUNTY 03F
CUMBERLAND
IN THE MATTER OF:
QUACKENBUSH
-VS-
HOWARD AND QUACKENBUSH
COURT OF COMMON PLEAS
TERM,
CASE NO: 2005-5523
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOC MMTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
NATIONWIDE INSURANCE CO. INSURANCE
TO: JOANNE E. KINZEL, ESQ.
JASON C. IMLER, ESQ., PLAINTIFF COUNSEL
MCS on behalf of JEFFREY B. RETTIG, 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: 01/25/2006
CC: JEFFREY B. RETTIG, ESQ. - 20051943
NORMA BROWER -
Any questions regarding this matter, contact
MCS on behalf of
JEFFREY B. RETTIG, ESQ
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-322873 0 3 7 6 6- C O 3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
QUACKENBUSH
File No. 2005-5523
vs.
HOWARD AND QUACKENBUSH
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Custodian of Records for NATIONWIDE INSURANCE CO
(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 ATTA HFD R ****
at The MCS Croce Inc 1601 Market Street' Suite 800, Philadelphia PA 19101
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: JEFFREY B. RETTIG, ESO.
ADDRESS: 126-128 WALNUT STREET
HARRISBURG. PA 17101
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
'cF..EB 1 4 22006
Date: 1tYaL 7-l t???i
Seal of the Court
BY THE COURT:
rothonotaryfClerk, Civil Dtvis'
Deputy
03766-01
EXPLANATION OF REQUIRED RECORDS
TO. CUSTODIAN OF RECORDS FOR:
NATIONWIDE INSURANCE COMPANY
1000 NATIONWIDE DRIVE
P. O. BOX 2655
HARRISBURG, PA 17105
RE: 3766
JOANN QUACKENBUSH
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
CLAIM #5837404295 C 2004022401, INCLUDE COMPLETE COPY OF FIRST PARTY
FILE, INCLUDING BILLING, PAYMENTS, CORRESPONDENCE & MEDICAL RECORDS
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Any and all insurance records and PIP files, including but not limited to
medical reports and/or records, claims, any and all correspondence,
documentation supporting plaintiff's claim, payments including dates of
payments, payee and reasons for payments, 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 : JOANN QUACKENBUSH
527 THIRD STREET, WEST FAIRVIEW, PA 17025
Social Security #: 408-50-1457
Date of Birth: 08-27-1933
Date of Loss: 02/24/2004
SU10-601990 03 7,66 -L 03-
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I'll CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA OR/
PURSUANT TO RULE 4009.22 ??' i/AN//
?l
IN THE MATTER OF: COURT OF COMMON PLEAS
QUACKENBUSH TERM,
CUMBERLAND
-VS -
CASE NO: 2005-5523
HOWARD, HOWARD AND QUACKENBUSH
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of JEFFREY B. RETTIG, 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.
DATE: 05{01/2006
M o eha
?( E B. RE B. R TIr ..
AttO riey for DEF T
DE11-623084 1 72 0 3- L 0 1
4
P E NN S Y LVAN I A
COMMONWEALTH or
COUNTY 07 CUMBER LAN D
IN THE MATTER OF: COURT OF COMMON PLEAS
QUACKENBUSH
-VS-
HOWARD, HOWARD AND QUACKENBUSH
TERM,
CASE NO: 2005-5523
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCONDMS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
NATIONWIDE ASSURANCE CO. INSURANCE
TO: JASON C. IMLER, ESQ., PLAINTIFF COUNSEL
JOANNE E. KINZEL, ESQ.
MCS on behalf of JEFFREY B. RETTIG, 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: 04/10/2006
CC: JEFFREY B. RETTIG, ESQ. - 20051943
NORMA BROWER -
Any questions regarding this matter, contact
MCS on behalf of
JEFFREY B. RETTIG, ESQ.
Attorney for DEFENDANT
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-329015 1 7 2 0 3- C O 3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBERT QUACKENBUSH
File No. 06-1096
VS.
RONALD HOWARD,.SR & RONALD HOWARD, JR.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Custodian of Records for NATIONWIDE ASSURANCE CO
(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: **** E ATTACHED RIDER
at The M CS GrojW- Inr 1601 Market Suret Suite 800 PhiladeWa PA 1910'
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 maldng 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: JEFFREY B. RETTIG. ESO.
ADDRESS: 126-128 WALNUT STREET
AMSB H2 z. PA 17101
TELEPHONE: (2151246-0900
SUPREME COURT ID #:
ATTORNEY FOR: Defendant
BY THE COURT:
Date:
Seal of the Court
Prothonotary/Clerk, Civil Division/"
duty --?.
17203-01
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
NATIONWIDE INSURANCE COMPANY
1000 NATIONWIDE DRIVE
P. O. BOX 2655
HARRISBURG, PA 17105
RE: 17203
ROBERT QUACKENBUSH
Prior approval is required for fees in excess of $100.00 for
hospitals, $50.00 for all other providers.
CLAIM #:5837404295 C 2004012401
Please call for prior approval for fees in excess of $100.00 for hospitals,
$50.00 for all other providers.
Any and all insurance records and PIP files, including but not limited to
medical reports and/or records, claims, any and all correspondence,
documentation supporting plaintiff's claim, payments including dates of
payments, payee and reasons for payments, 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 : ROBERT QUACKENBUSH
527 THIRD STREET, WEST FAIRVIEW, PA 17025
Social Security #: XXX-XX-1661
Date of Birth: 05-17-1938
Date of Loss: 02/24/2004
SU10-616312 1 7 2 0 3- L 0 1
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File No.: 05Hr,-00150 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) 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)
Jo Ann Quackenbush,
(Check One)
( ) Assumpsit
( ) Tresspass
( x ) Trespass (Motor Vehicle)
Plaintiff
vs.
(Other)
Ronald L. Howard, Sr., Ronald L. Howard, Jr. and
Robert Quackenbush,
Defendants
The trial list will be called on March 20, 2007
Trials commence on April 16, 2007
Pre-trials will be held on March 28, 2007
(Briefs are due 5 days before pre-trials.)
(The party listing this case for trial shall provide forthwith a copy of the
praecipe to all counsel,pursuant to local Rule 214-1.)
No. 5523 Civil Term 20 05
Indicate the attorney who will try case for the party who files this praecipe: JoAnne E. Kinzel, Esquire, Attorney
for Defendant, Robert Quackenbush, 214 Senate Avenue Suite 503, Camp Hill, Pennsylvania 17011; (717) 731-
0988.
Indicate trial counsel for other parties if known: Jason Imler, Esquire, Attorney for Plaintiff, Handler, Henning
& Rosenberg, LLP, 1300 Linglestown Road, Harrisburg PA 17110; Jeffrey B. Rettig Esquire Attorney for
Defendants Howard, Osborne & Rettig, P.C., 126-128 Walnut Street Harrisburg PA 17101
This case is ready for trial.
Signed:
Print Name: Jo E. inzel Esquire
Attorney for: Defe ant Robert Quackenbush
Date: January 9, 2007
05HWO0150
LAW OFFICE OF SNYDER & DORER
214 SENATE AVENUE, SUITE 503
CAMP HILL, PA 17011
TELEPHONE NUMBER: (717) 731-0988
ATTORNEY FOR DEFENDANT, ROBERT QUACKENBUSH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JoAnn Quackenbush,
Plaintiff
No.: 05-5523 Civil Term
vs.
Ronald L. Howard, Sr., Ronald L. Howard, Jr., and
JURY TRIAL DEMANDED
Robert Quackenbush,
Defendants
TE OF
JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant,
Robert Quackenbush herein, and that she caused a true and correct copy of the attached
Praecipe for Listing Case for Trial to be served by regular first class mail upon:
Jason Imler, Esquire
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Jeffrey B. Rettig, Esquire
Osborne & Rettig, P.C.
126-128 Walnut Street
Harrisburg, PA 17101
Date: January 9, 2007
J67 -ne E. Kinzel, Esquire
Ate mey for Defendant,
Robert Quackenbush
CJ v 'J
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7 nn
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CD ??
Jeffrey B. Rettig, Esquire
OSBORNE & RETTIG, P.C.
126-128 Walnut Street
Harrisburg, PA 17101
Telephone: 717-232-3046
Fax: 717-232-3538
iretti hoslawna.com
JOANN QUACKENBUSH,
Plaintiff
V.
RONALD L. HOWARD, SR.,
RONALD L. HOWARD, JR., and
ROBERT QUACKENBUSH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-5523
: CIVIL-ACTION LAW
DISCONTINUANCE OF DEFENDANT, RONALD HOWARD, SR.,
PURSUANT TO PA. R.C.P. 229(b)(1)
AND NOW, come the parties to this case, by their attorneys, and hereby consent to the
discontinuance of all claims against Defendant Ronald L. Howard, Sr., as evidenced by the
attached Stipulations. There are no minors who are parties in this case, this is not an action for
wrongful death in which a minor is beneficially interested or an action in which an incapacitated
person is a party.
WHEREFORE, pursuant to Pa. R.C.P. 229(b)(1) the claims against Ronald Howard, Sr.
are discontinued with prejudice.
Respectfully submitted,
OSBORNE & RETTIG, P.C.
Date: d
J frey B. Rettig, Esat
.D. No. 19616
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Attorney for Defendants, Ronald
Howard, Sr., and Ronald Howard, Jr.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JOANN QUACKENBUSH,
Plaintiff
V.
RONALD L. HOWARD, SR.,
RONALD L. HOWARD, JR., and
ROBERT QUACKENBUSH
: NO. 05-5523
CIVIL-ACTION LAW
ROBERT L. QUACKENBUSH,
Plaintiff
V.
RONALD L. HOWARD, SR., and
RONALD L. HOWARD, JR.
: NO. 06-1096
CIVIL-ACTION LAW
STIPULATION TO DISCONTINUE
It is hereby stipulated by and between Jason Imler, Attorney for Plaintiff Joann
Quackenbush, Richard M. Wiener, Attorney for Plaintiff Robert L. Quackenbush, Joanne E.
Kinzel, Attorney for Defendant Robert L. Quackenbush and Jeffrey B. Rettig, Attorney for
Ronald L. Howard, Sr. and Ronald L. Howard, Jr., that all claims against Defendant Ronald L.
Howard, Sr., be dismissed.
Date: 06
Jason C. Imler, Esquire
1300 Linglestown Road
Harrisburg, PA 17110
Attorney for Joann Quackenbush
•, D. svme 400
?? 2
Date:
-10--
JoAnne Kinzel, Esquire
Snyder Dorer
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Attorney for Defendant Robert Quackenbush
Date: d IhZ7
4
Harrisburg, PA 17101
Attorney for Defendants, Ronald L.
Howard, Sr. and Ronald L. Howard, Jr.
O
CERTIFICATE OF SERVICE
I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing
document upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States mail, first-class postage prepaid, as follows:
Jason C. Imler, Esquire
Handler, Handler & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
JoAnne E. Kinzel, Esquire
Snyder & Dorer
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Richard M. Wiener, Esquire
Villari, Brandes & Kline PC
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
& RETTIG. R.C.
/ Jeffrey B. Rettig,
Date: / / Old 7 1/
gi
-'fit
VILLARI, BRANDES & KLINE, P.C.
BY: RICHARD M. WIENER, ESQUIRE
Identification No. 68041
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428 Attorney for Plaintiff,
(610) 729-2900 Robert L. Quackenbush
JOANN QUACKENBUSH IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiff
VS. NO. 05-5523 CIVIL TERM
RONALD L. HOWARD, SR.
and
RONALD L. HOWARD, JR.
and
ROBERT QUACKENBUSH
Defendants
ROBERT L. QUACKENBUSH
Plaintiff
VS.
RONALD L. HOWARD, JR.
and
RONALD L. HOWARD, SR.
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 06-1096 CIVIL TERM
PLAINTIFF, ROBERT L. QUACKENBUSH'S
MOTION TO CONSOLIDATE
Plaintiff, Robert L. Quackenbush, by and through his undersigned counsel, hereby moves this
Honorable Court for an Order pursuant to Pa.R.C.P. 213(a), consolidating these matters, and in
support of this motion avers as follows:
1. These bodily injury claims arose from a February 24, 2004 motor vehicle accident at the
intersection of Market Street and Enola Road (Routes 11 & 15) in East Pennsboro Township,
Cumberland County. Plaintiff, JoAnn Quackenbush, was a passenger in a vehicle operated by her
husband, Plaintiff/Defendant, Robert L. Quackenbush, and Defendant, Ronald L. Howard, Jr., was
the driver of a vehicle owned by his father, Defendant, Ronald L. Howard, Sr. The Quackenbush
vehicle was entering the intersection from westbound Market Street, while the Howard vehicle was
northbound on Enola Road. The intersection was controlled by a traffic light. The two vehicles
collided at the intersection, resulting in personal injuries to Mr. and Mrs. Quackenbush.
2. On October 24, 2005, a Complaint was filed in the Court of Common Pleas of
Cumberland County on behalf of Mrs. Quackenbush, titled JoAnn Quackenbush vs. Ronald L.
Howard, Sr., et als., No. 05-5523 Civil Term. A true copy of said Complaint is attached hereto as
Exhibit A.
3. On February 24, 2006, a Complaint was filed in the Court of Common Pleas of
Cumberland County on behalf of Mr. Quackenbush, titled Robert L. Quackenbush vs. Ronald L.
Howard, Jr., et al., No. 06-1096 Civil Term. A true copy of said Complaint is attached hereto as
Exhibit B.
4. In actions pending in a county which involve a common question of law or fact or which
arise from the same transaction or occurrence, the court on its own motion or on the motion of any
party may order the actions consolidated. Pa.R.C.P. 213(a).
5. Both of the subject actions arose from the same accident, involve the same parties, and
involve common questions of law and fact.
6. Consolidation ofthese actions will not prejudice any substantial right of the parties hereto.
7. Consolidation of these matters will eliminate the cost and delay of separate discovery and
trials.
WHEREFORE, Plaintiff, Robert L. Quackenbush, respectfully requests that this Honorable
Court enter the attached Order, consolidating these matters for all purposes, including discovery and
trial.
& KLINE, P.C.
DATE: February 5, 2007 BY: Z ?f - r
?ICHARD M. WIENER, ESQUIRE
Attorney for Plaintiff,.
Robert L. Quackenbush
Exhibit A
Complaint in
JoAnn Quackenbush vs. Ronald L. Howard, Sr., et als., No. 05-5523 Civil Term
i
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, JoAnn Quackenbush, by and through her attorneys,
FAWP Directories\JCl\trial\Quackenbush\Complaint.wpd
JOANN QUACKENBUSH,
Plaintiff,
V.
RONALD L. HOWARD, SR., RONALD
L. HOWARD, JR., and ROBERT
QUACKENBUSH,
Defendants
HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esquire, and makes the
within Complaint against the Defendants, Ronald L. Howard, Sr., Ronald L. Howard, Jr.,
and Robert Quackenbush, as follows:
1. Plaintiff, JoAnn Quackenbush, is a competent adult individual currently
residing at 527 North 3rd Street, West Fairview, Cumberland County, Pennsylvania 17025.
2. Defendant, Ronald L. Howard, Sr., is a competent adult individual currently
residing at 218 Basin Road, Duncannon, Perry County, Pennsylvania 17020.
3. Defendant, Ronald L. Howard, Jr., is a competent adult individual currently
residing at 218 Basin Road, Duncannon, Perry County, Pennsylvania 17020.
4. Defendant, Robert Quackenbush, is a competent adult individual currently
residing at 527 North 3rd Street, West Fairview, Cumberland County, Pennsylvania 17025.
5. At all times material hereto, Plaintiff, JoAnn Quackenbush, was the owner
and front seated passenger of a 1999 Chevrolet, bearing Pennsylvania Registration Plate
V
Number ESP7498 (hereinafter referred to as "Quackenbushs' vehicle").
6. At all times material hereto, Defendant, Robert Quackenbush was the
operator of Quackenbushs' vehicle.
7. At all times material hereto, Defendant, Ronald L. Howard, Jr., was the
operator of a 1995 Dodge owned by Defendant, Ronald L. Howard, Sr., bearing
Pennsylvania Registration Plate Number DTD5115 (hereinafter referred to as "Howards'
vehicle").
8. At the time of the collision, Plaintiff, JoAnn Quackenbush, was insured under
a motor vehicle policy through Nationwide Insurance Company. Plaintiff was covered by
the Full Tort Option.
9. On or about February 24, 2004, at approximately 9:00am, Quackenbushs'
vehicle, was traveling on Market Street, in the Village of West Fairview, approaching the
intersection with routes 11/15, East Pennsboro Township, Cumberland County,
Pennsylvania.
10. On or about February 24, 2004, at approximately 9:00am, Howards' vehicle,
was traveling northbound on routes 11/15 near the intersection Market Street, in the Village
of West Fairview, East Pennsboro Township, Cumberland County, Pennsylvania.
11. At approximately the same time and place, the Quackenbushs' vehicle was
entering the intersection of routes 11/15 and Market Street, attempting to make a left turn
onto Route 11/15 South.
12. As Quackenbushs' vehicle entered the intersection, it was violately struck on
the driver's side by Howards' vehicle.
13. At all times material hereto, a traffic control device was properly operating at
-2-
the intersection of 11 /15 and Market Street.
14. As a direct and proximate result of the negligence of Defendants, the Plaintiff,
JoAnn Quackenbush, sustained serious and extensive injuries as set forth more
specifically below.
COUNT I - NEGLIGENCE
JOANN QUACKENBUSH v. RONALD L. HOWARD, JR.
15. Paragraphs 1 through 14 are incorporated herein as if set forth at length.
16. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff,
JoAnn Quackenbush, were caused directly and proximately by the negligence of
Defendant, Ronald L. Howard, Jr., more specifically, as set forth below:
a. In failing to yield the legal right-of-way to Quackenbushs' vehicle in,
violation of 75 Pa.C.S.A. § 3324;
b. In failing to be reasonably vigilant to observe Quackenbushs' vehicle;
C. In failing to properly and adequately observe the traffic conditions
then and there existing;
d. In driving in a careless manner in violation of 75 Pa. C.S.A. § 3714;
e. In failing to operate said vehicle in such a manner that would allow
Defendant, Ronald L. Howard, Jr., to apply the brakes and stop
before contacting Quackenbushs' vehicle;
f. In failing to operate Howards' vehicle under proper and adequate
control so that Defendant, Ronald L. Howard, could avoid striking
Quackenbushs' vehicle;
-3-
J
g. 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);
h. 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);
i. In failing to keep a proper lookout for vehicles lawfully proceeding
from side streets;
j. In driving his vehicle upon a roadway in a manner endangering
persons and property and in a manner with careless disregard to the
rights and safety of others in violation of the Motor Vehicle Code of
the Commonwealth of Pennsylvania;
k. In negligently driving his vehicle into the intersection of Market Street
and routes 11/15 without properly stopping;
1. In failing to have due regard for the speed of the vehicles and the
traffic upon, and the condition of, the highway, in violation of 75 Pa.
C.S.A. § 3310(a);
M. In operating Defendants' vehicle at a speed in excess of the posted
speed limit;
n. In failing to exercise the high degree of care required of a motorist
entering an intersection; and
o. In failing to be reasonably vigilant to observe the road and traffic
conditions then and there existing.
17. As a direct and proximate result of the negligence of Defendant, Ronald L.
-4-
Howard, Jr., Plaintiff, JoAnn Quackenbush, sustained severe injuries, including, but not
limited to, left mid facial fractures, post traumatic stress, back pain, chest pain, right hand
pain, and wrist pain.
18. As a direct and proximate result of the negligence of Defendant, Ronald L.
Howard, Jr., Plaintiff, JoAnn Quackenbush, 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.
19. As a direct and proximate result of the negligence of Defendant, Ronald L.
Howard, Jr., Plaintiff, JoAnn Quackenbush, has suffered lost wages and will in the future
continue to suffer a loss of income and/or loss of earning capacity.
20. As a direct and proximate result of the negligence of Defendant, Ronald L.
Howard, Jr., Plaintiff, JoAnn Quackenbush, 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.
21. As a direct and proximate result of the negligence of Defendant, Ronald L.
Howard, Jr., Plaintiff, JoAnn Quackenbush, has been, and probably will in the future be,
hindered from attending to her daily duties, to her great detriment, loss, humiliation, and
embarrassment.
22. As a direct and proximate result of the negligence of Defendant, Ronald L.
Howard, Jr., Plaintiff, JoAnn Quackenbush, has suffered a loss of life's pleasures, and will
continue to endure the same in the future, to her great detriment and loss.
23. Plaintiff, JoAnn Quackenbush, believes and, therefore, avers that her injuries
-5-
are permanent in nature.
WHEREFORE, Plaintiff, JoAnn Quackenbush, seeks damages from Defendant,
Ronald L. Howard, Jr., in an amount in excess of the compulsory arbitration limits of
Cumberland County, Pennsylvania, exclusive of interest and costs.
COUNT II - NEGLIGENCE
JOANN QUACKENBUSH v. ROBERT QUACKENBUSH
24. Paragraphs 1 through 23 are incorporated herein as if set forth at length.
25. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff,
JoAnn Quackenbush, were caused directly and proximately by the negligence of
Defendant, Robert Quackenbush, more specifically, as set forth below:
a. In failing to yield the legal right-of-way to Howards' vehicle in, violation
of 75 Pa.C.S.A. § 3324;
b. In failing to be reasonably vigilant to observe Howards' vehicle;
C. In failing to properly and adequately observe the traffic conditions
then and there existing;
d. In driving in a careless manner in violation of 75 Pa. C.S.A. § 3714;
e. 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);
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 failing to keep a proper lookout for vehicles lawfully proceeding
-6-
north on Route 11/15;
h. In driving his vehicle upon a roadway in a manner endangering
persons and property and in a manner with careless disregard to the
rights and safety of others in violation of the Motor Vehicle Code of
the Commonwealth of Pennsylvania;
L In negligently driving his vehicle into the intersection of Market Street
and routes 11/15 without properly stopping;
j. In failing to exercise the high degree of care required of a motorist
entering an intersection; and
k. In failing to be reasonably vigilant to observe the road and traffic
conditions then and there existing.
26. As a direct and proximate result of the negligence of Defendant, Robert
Quackenbush, Plaintiff, JoAnn Quackenbush, sustained severe injuries, including, but not
limited to, left mid facial fractures, post traumatic stress, back pain, chest pain, right hand
pain, and wrist pain.
27. As a direct and proximate result of the negligence of Defendant, Robert
Quackenbush, Plaintiff, JoAnn Quackenbush, 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.
28. As a direct and proximate result of the negligence of Defendant, Robert
Quackenbush, Plaintiff, JoAnn Quackenbush, has suffered lost wages and will in the future
continue to suffer a loss of income and/or loss of earning capacity.
29. As a direct and proximate result of the negligence of Defendant, Robert
-7-
Quackenbush, Plaintiff, JoAnn Quackenbush, 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.
30. As a direct and proximate result of the negligence of Defendant, Robert
Quackenbush, Plaintiff, JoAnn Quackenbush, has been, and probably will in the future be,
hindered from attending to her daily duties, to her great detriment, loss, humiliation, and
embarrassment.
31. As a direct and proximate result of the negligence of Defendant, Robert
Quackenbush, Plaintiff, JoAnn Quackenbush, has suffered a loss of life's pleasures, and
will continue to endure the same in the future, to her great detriment and loss.
32. Plaintiff, JoAnn Quackenbush, believes and, therefore, avers that her injuries
are permanent in nature.
WHEREFORE, Plaintiff, JoAnn Quackenbush, seeks damages from Defendant,
Robert Quackenbush, in an amount in excess of the compulsory arbitration limits of
Cumberland County, Pennsylvania, exclusive of interest and costs.
COUNT III - NEGLIGENT ENTRUSTMENT
JOANN QUACKENBUSH v. RONALD L. HOWARD, SR.
33. Paragraphs 1 through 32 above are incorporated herein as if set forth
at length.
34. At all times material hereto, Defendant, Ronald L. Howard, Sr., owned the
vehicle operated by Defendant, Ronald L. Howard Jr.
35. The occurrence of the aforementioned collision and all of the resultant
-9-
injuries to Plaintiff, JoAnn Quackenbush, are the direct and proximate result of the
negligence, carelessness, and/or recklessness of the Defendant, Ronald L. Howard, Sr.,
in allowing Ronald L. Howard Jr. to operate his vehicle when he knew, or should have
known, of his propensity to operate motor vehicles in the manner set forth in Paragraph
16(a) - (o) above.
36. As a direct and proximate result of the negligence of the Defendant, Ronald
L. Howard, Sr., the Plaintiff, JoAnn Quackenbush, sustained severe injuries including, but
not limited to, left mid facial fractures, post traumatic stress, back pain, chest pain, right
hand pain, and wrist pain.
37. As a result of the negligence of Defendant, Ronald L. Howard, Sr., the
Plaintiff, JoAnn Quackenbush, has been, and will in the future be, hindered from
performing the duties required by her usual occupation and from attending to her daily
duties and chores, to her loss, humiliation and embarrassment.
38. As a result of the negligence Defendant, Ronald L. Howard, Sr., the Plaintiff,
JoAnn Quackenbush, has suffered great physical pain, discomfort, and mental anguish,
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.
39. As a result of the negligence of Defendant, Ronald L. Howard, Sr., the
Plaintiff, JoAnn Quackenbush, has suffered lost wages and will in the future continue to
suffer a loss of income and/or loss of earning capacity.
40. As a result of the negligence of Defendant, Ronald L. Howard, Sr., the
Plaintiff, JoAnn Quackenbush, 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
-9-
required to expend money for the same purposes in the future, to her detriment and loss.
41. As a result of the negligence of Defendant, Ronald L. Howard, Sr., the
Plaintiff, JoAnn Quackenbush, has suffered a loss of life's pleasures, and will continue to
endure the same in the future to her detriment and loss.
42. Plaintiff, JoAnn Quackenbush, believes and, therefore, avers that her injuries
are permanent in nature.
WHEREFORE, Plaintiff, JoAnn Quackenbush, seeks damages from Defendant,
Ronald L. Howard, Sr., in an amount in excess of the compulsory arbitration limits of
Cumberland County, exclusive of interest and costs.
COUNT IV - LOSS OF CONSORTIUM
JOANN QUACKENBUSH v. RONALD L. HOWARD. SR. and
RONALD L. HOWARD JR.
43. Paragraphs 1 through 42 above are incorporated herein as if set forth
at length.
44. At all times material to this action, Plaintiff, JoAnn Quackenbush and
Defendant, Robert Quackenbush, were married as husband and wife.
45. As a direct and proximate result of Defendants', Ronald L. Howard, Sr., and
Ronald L. Howard, Jr., negligence, the Plaintiff, JoAnn Quackenbush, has suffered a loss
of consortium, society, and comfort from her husband, Robert Quackenbush, and she will
continue to suffer a similar loss in the future.
46. As a direct and proximate result of Defendants', Ronald L. Howard, Sr., and
Ronald L. Howard, Jr., negligence, the Plaintiff, JoAnn Quackenbush, has been compelled,
in order to effect a cure for her husband's injuries, to expend money for medicine and
-10-
medical attention and will be required to expend money for the same purposes in the
future, to her great detriment and loss.
WHEREFORE, Plaintiff, JoAnn Quackenbush, seeks damages from the
Defendants, Ronald L. Howard, Sr., and Ronald L. Howard, Jr., in an amount in excess of
the compulsory arbitration limits of Cumberland County.
Respectfully Submitted,
HANDLER, HENNING & ROSENBERG, LLP
Date: /0 / q- 0 J
B
Jason C. Imler, Esquire
Attorney 1. D. # 87911
1300 Linglestown Road
Harrisburg, PA 17110
(717) 238-2000
Attorney for Plaintiff
-11-
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
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.
E
Date: A'd
Ann Quackenbush
Exhibis 0
it B
Complaint in
Robert L. Quackenbush vs. Ronald L Howard Jr et al , No. 06-1096 Civil Term
w.,
VILLARI, BRANDES & KLINE, P.C.
BY: RICHARD M. WIENER, ESQUIRE
Identification No. 68041 ,
8 Tower Bridge, Suite 400 r ` ?y
161 Washington Street
Conshohocken, PA 19428
(610) 729-2900 Attorney for Plaintiff
ROBERT L. QUACKENBUSH IN THE COURT OF COMMON PLE
OF CUMBERLAND COUNTY, PA ?`
Vs. Q1v ' /X& 44-14?
CIVIL ACTION - LAW
RONALD L. HOWARD, JR.
and JURY TRIAL DEMANDED
RONALD L. HOWARD, SR.
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 filling 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone (717) 249-3166
{
VILLARI, BRANDES & KLINE, P.C.
BY: RICHARD M. WIENER, ESQUIRE
Identification No. 68041
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
(610) 729-2900
Attorney for Plaintiff
ROBERT L. QUACKENBUSH
527 North 3`d Street
West Fairview, PA 17025-3132
VS.
RONALD L. HOWARD, JR.
218 Basin Hill Road .
Duncannon, PA 17020
and .
RONALD L. HOWARD, SR.
218 Basin Hill Road
Duncannon, PA 17020
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT IN CIVIL ACTION
1. Plaintiff, Robert L. Quackenbush, is an adult individual residing at the address above-
captioned.
2. Defendant, Ronald L. Howard, Jr., is an adult individual residing at the address above-
captioned.
3. Defendant, Ronald L. Howard, Sr., is an adult individual residing at the address above-
captioned.
4. At all times material hereto, Defendant, Ronald L. Howard, Jr., was the agent, servant,
worker and/or employee of Defendant, Ronald L. Howard, Sr., engaged in the business of said
Defendant and acting within the scope of his agency and/or employment.
-1-
5. Alternatively, at all times material hereto, Defendant, Ronald L. Howard, Jr., was the
permissive operator of the vehicle owned by Defendant, Ronald L. Howard, Sr., which was involved
in an accident hereinafter more fully described.
6. On or about February 245, 2004, at approximately 9:00 a.m., Plaintiff was the operator
of a motor vehicle westbound on Market Street at or near its intersection with Routes 11 and 15 in
East Pennsboro Township, Cumberland County, Pennsylvania.
7. At the same time and place aforesaid, Defendant, Ronald L. Howard, Jr., was the operator
of a motor vehicle owned by Defendant, Ronald L. Howard, Sr., northbound on Routes 11 and 15,
at or near the aforesaid intersection with Market Street.
8. As Plaintiff attempted to proceed through the intersection, the vehicle he was driving was
struck on the driver's side by Defendants' vehicle.
9. At the time and place of the aforesaid accident, Plaintiff was subject to the "full tort"
option pursuant to 75 Pa.C.S.A. § 1705.
10. As a result of the aforesaid incident, Plaintiff sustained injuries in and about his body,
spine and extremities which injuries are or may be serious and/or permanent and/or may have
aggravated a previously-existing condition. Plaintiff's injuries also include, but are not limited to,
a severe shock to his nerves and nervous system, anxiety, and mental and emotional distress by
reason of which he was rendered sick, sore, lame, prostrate, and disordered and was made to undergo
great physical pain and mental anguish, as a result of which he has suffered, still suffers and will
continue to suffer for an indefinite time in the future.
11. As a further result of the aforesaid incident, Plaintiff has been obliged to expend and/or
incur large sums of money for medicines and medical attention in and about endeavoring to treat and
-2-
cure said injuries, and will be compelled to expend and/or incur additional sums for the same
purposes for an indefinite time in the future.
12. As a further result of the aforesaid incident, Plaintiff has been prevented from attending
to his usual and daily occupation and daily duties, thereby suffering a loss of earnings and/or
impairment of earning capacity which will continue for an indefinite time in the future.
13. As a further result of the aforesaid incident, Plaintiff has suffered or may suffer a severe
loss because of expenses which have been or may be reasonably incurred in obtaining ordinary and
necessary services in lieu of those which Plaintiff would have performed, not for income, but for the
benefit of himself if he had not been injured.
COUNTI
ROBERT L. QUACKENBUSH vs.
RONALD L. HOWARD, JR. AND RONALD L. HOWARD, SR.
14. Plaintiff incorporates herein by reference all allegations in the preceding paragraphs as
fully as though each were set forth at length.
15. The aforesaid collision was caused by the negligent conduct of Defendant, Ronald L.
Howard, Jr., and (to the extent Defendant, Ronald L. Howard, Jr., was acting as the agent of
Defendant, Ronald L. Howard, Sr., within the scope of such agency) by Defendant, Ronald L.
Howard, Sr., which included the following:
(a) Failing to maintain proper control over the aforesaid vehicle;
(b) Failing to maintain an adequate and proper lookout;
(c) Operating said vehicle without being able to stop within an assured clear distance;
(d) Disregarding the rights and safety of Plaintiff and other persons and/or vehicles
lawfully on the road;
-3-
(e) Failing to properly and/or adequately warn and/or signal Plaintiff and other
persons and/or vehicles lawfully on the road;
(f) Failing to observe and/or obey a traffic control signal;
(g) Failing to give due regard to the point and position of Plaintiff and other persons
and/or vehicles lawfully on the road;
(h) Operating said vehicle at an unsafe speed given the existing traffic, road and/or
weather conditions;
(i) Failing to properly and/or adequately apply his brakes;
0) Failing to come to a safe and proper stop;
(k) Carelessly driving said vehicle;
(1) Violating 75 Pa.C.S.A. § 3324;
(m) Violating 75 Pa.C.S.A. § 3314;
(n) Failing to yield;
(o) Driving said vehicle while being inattentive and/or tired; and
(p) Improperly inspecting and/or maintaining said vehicle.
WHEREFORE, Plaintiff, Robert L. Quackenbush, demands compensatory damages be
awarded in his favor and against Defendants, Ronald L. Howard, Jr. and Ronald L. Howard, Sr.,
individually, jointly and/or severally, in an amount in excess of $35,000.00, together with interest,
costs of suit and such other relief as this court deems just.
COUNT II
ROBERT L. QUACKENBUSH vs. RONALD L. HOWARD, SR.
16. Plaintiff incorporates herein by reference all allegations in the preceding paragraphs as
-4-
fully as though each were set forth at length.
17. The aforesaid collision was caused by the negligent conduct of Defendant, Ronald L.
Howard, Sr., which included the following:
(a) Allowing Defendant, Ronald L. Howard, Jr., to operate the aforesaid vehicle
despite having actual and/or constructive knowledge that Defendant, Ronald L. Howard, Jr., was an
inexperienced, unlicensed, unqualified, unsafe, unfit, tired and/or careless driver; and
(b) Negligently entrusting the aforesaid vehicle to Defendant, Ronald L. Howard, Jr.
WHEREFORE, Plaintiff, Robert L. Quackenbush, demands compensatory damages be
awarded in his favor and against Defendant, Ronald L. Howard, Sr., individually, jointly and/or
severally, in an amount in excess of $35,000.00, together with interest, costs of suit and such other
relief as this court deems just.
VILLARI, BF'NDES -4 KLINE, P.C.
BY:
CHARD M! WIENER, ESQUIRE
Attorney for Plaintiff
-5-
i
VERIFICATION
Robert L. Quackenbush hereby states that he is the Plaintiff herein and that the facts set forth
in the foregoing Complaint in Civil Action are true and correct to the best of his knowledge,
information and belief and are based upon information which he has furnished to his counsel and
information which has been gathered by his counsel in preparation of the lawsuit. The language in
the Complaint is that of counsel and not of Plaintiff. Plaintiff has read the Complaint and to the
extent it is based upon information which he has given to his counsel, it is true and correct to the best
of his knowledge, information and belief. To the extent the contents of the Complaint are that of
counsel, Plaintiff has relied upon counsel in making this verification. This verification is made
subject to 18 Pa.C.S.A. § 4904 which provides for certain penalties for making false statements.
I
41
U ?
Robert L. Quackenbush
VILLARI, BRANDES & KLINE, P.C.
BY: RICHARD M. WIENER, ESQUIRE
Identification No. 68041
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
(610) 729-2900
JOANN QUACKENBUSH
Attorney for Plaintiff,
Robert L. Quackenbush
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiff
VS.
NO. 05-5523 CIVIL TERM
RONALD L. HOWARD, SR.
and
RONALD L. HOWARD, JR.
and
ROBERT QUACKENBUSH
Defendants
ROBERT L. QUACKENBUSH
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiff
vs.
NO. 06-1096 CIVIL TERM
RONALD L. HOWARD, JR.
and
RONALD L. HOWARD, SR.
Defendants
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF, ROBERT L. OUACKENBUSH'S MOTION TO CONSOLIDATE
1. STATEMENT OF FACTS
These bodily injury claims arose from a February 24, 2004 motor vehicle accident at the
-1-
intersection of Market Street and Enola Road (Routes 11 & 15) in East Pennsboro Township,
Cumberland County. Plaintiff, JoAnn Quackenbush, was a passenger in a vehicle operated by her
husband, Plaintiff/Defendant, Robert L. Quackenbush, and Defendant, Ronald L. Howard, Jr., was
the driver of a vehicle owned by his father, Defendant, Ronald L. Howard, Sr. The Quackenbush
vehicle was entering the intersection from westbound Market Street, while the Howard vehicle was
northbound on Enola Road. The intersection was controlled by a traffic light. The two vehicles
collided at the intersection, resulting in personal injuries to Mr. and Mrs. Quackenbush.
On October 24, 2005, a Complaint was filed in the Court of Common Pleas of Cumberland
County on behalf of Mrs. Quackenbush, titled JoAnn Quackenbush vs. Ronald L. Howard, Sr. et
als., No. 05-5523 Civil Term. On February 24, 2006, a Complaint was filed in the Court of
Common Pleas of Cumberland County on behalf of Mr. Quackenbush, titled Robert L. Quackenbush
vs. Ronald L. Howard, Jr., et al., No. 06-1096 Civil Term. Both of the subject actions arose from
the same accident, involve the same parties, and involve common questions of law and fact.
In light of the foregoing and for the reasons set forth below, Plaintiff, Robert L.
Quackenbush, now moves this Honorable Court for an order consolidating these actions.
II. LEGAL ARGUMENT
The Pennsylvania Rules of Civil Procedure provide as follows regarding consolidation of
actions:
In actions pending in a county which involve a common question of
law or fact or which arise from the same transaction or occurrence,
the court on its own motion or on the motion of any party may order
a joint hearing or trial of any matter in issue in the actions, may order
the actions consolidated, and may make orders that avoid
unnecessary cost or delay.
-2-
Pa.R.C.P. 213(a).
These actions arise out the same accident and involve the same parties and common
questions of law and fact. Furthermore, consolidation of these actions will not prejudice any
substantial right of any of the parties, and will eliminate the cost and delay of separate discovery and
trials. Accordingly, consolidation is appropriate under Pa.R.C.P. 213(a).
Respectfully submitted,
VILLARI, JMMNDE? & KLINE, P.C.
DATE: February 5, 2007 BY;
RICHARD M. WIENER, ESQUIRE
Attorney for Plaintiff,.
Robert L. Quackenbush
-3-
VERIFICATION
Richard M. Wiener, Esquire hereby states that he is the attorney for the Plaintiff in this action
and verifies that the factual statements made in the foregoing motion are true and correct to the best
of his knowledge, information and belief.
The undersigned understands that the statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
M. WIENER, ESQUIRE
VILLARI, BRANDES & KLINE, P.C.
BY: RICHARD M. WIENER, ESQUIRE
Identification No. 68041
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
(610) 729-2900
JOANN QUACKENBUSH
Attorney for Plaintiff,
Robert L. Quackenbush
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiff
VS.
NO. 05-5523 CIVIL TERM
RONALD L. HOWARD, SR.
and
RONALD L. HOWARD, JR.
and
ROBERT QUACKENBUSH
Defendants
ROBERT L. QUACKENBUSH IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
Plaintiff
VS. NO. 06-1096 CIVIL TERM
RONALD L. HOWARD, JR.
and
RONALD L. HOWARD, SR.
Defendants
PROOF OF SERVICE
I, Richard M. Wiener, Esquire, hereby verify that on this Stn day of February, 2007, a true
copy of the within Motion to Consolidate, was sent via first class mail, postage prepaid, to the
below-named counsel of record. I understand that the statements herein are made subject to the
-1-
penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities.
Jeffrey B. Rettig, Esquire
OSBORNE & RETTIG, P.C.
126-128 Walnut Street
Harrisburg, PA 17101
JoAnne E. Kinzel, Esquire
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Jason C. Imler, Esquire
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
ES & KLINE, P.C.
BY:
CHARD M. WIENER, ESQUIRE
-2-
C% ?
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANN QUACKENBUSH
Plaintiff
VS.
RONALD L. HOWARD, SR.
and
RONALD L. HOWARD, JR.
and
ROBERT QUACKENBUSH
Defendants
NO. 05-5523 CIVIL TERM ?
ROBERT L. QUACKENBUSH
Plaintiff
VS.
RONALD L. HOWARD, JR.
and
RONALD L. HOWARD, SR.
Defendants
NO. 06-1096 CIVIL TERM
ORDER
AND NOW, this Ir day of, p7pu..,C, 2007, upon consideration of the Motion
to Consolidate filed on behalf of Plaintiff, Robert L. Quackenbush, it is hereby ORDERED and
DECREED that said motion is GRANTED and that the above-captioned matters be and are hereby
consolidated for all purposes, including discovery and trial, under Docket No. 05-5523 Civil Term.
• BY THE COURT:
J.
1 IVIN ? I ?VW t00Z
41?r
JOANN QUACKENBUSH,
Plaintiff
v
RONALD L. HOWARD, SR.,
RONALD L. HOWARD, JR.,
and ROBERT QUACKENBUSH,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
05-5523 CIVIL TERM
IN RE: CASE STRICKEN FROM LIST
ORDER OF COURT
AND NOW, this 20th day of March, 2007, the
above-captioned case at No. 05-5523 Civil Term is stricken from
the trial list because it was not called for trial at the call of
the trial list.
Xson C. Imler, Esquire
1300 Linglestown Road
Harrisburg, PA 17110-2838
For Plaintiff
Ann E. Kinzel, Esquire
14 Senate Avenue
Suite 503
Camp Hill, PA 17011
For Defendant Robert Quackenbush
effrey B. Rettig, Esquire
126-128 Walnut Street
Harrisburg, PA 17101
For Defendants Ronald L. Howard, Sr.
and Ronald L. Howard, Jr.
Court Administrator
:mae
By the Court,
use ? -
C j i
C?
Johnson, Duffle, Stewart & Weidner
By: JEFFREY B. RETTIG, ESQUIRE
I.D. No. 19616
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jbr@jdsw.com
Attorneys for Defendant
Ronald Howard, Jr.
JOANN QUACKENBUSH, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V. NO. 05-5523
RONALD HOWARD, SR., RONALD CIVIL ACTION - LAW
HOWARD, JR. and ROBERT
QUACKENBUSH, JURY TRIAL DEMANDED
Defendants
PRAECIPE TO WITHDRAW APPEARANCE
THE PROTHONOTARY,
Please withdraw the appearance of Jeffrey B. Rettig, Esquire and Osbome &
Rettig, P.C., on behalf of Defendant Ronald Howard, Jr., in the above-captioned action.
OSBORNE & RETTIG, P.C.
By:
ffrey B. Rettig, Esquily(
PRAECIPE TO ENTER APPEARANCE
THE PROTHONOTARY,
Please enter the appearance of Jeffrey B. Rettig, Esquire and Johnson, Duffle,
Stewart & Weidner, on behalf of Defendant Ronald Howard, Jr., in the above-captioned
action.
JOH , DUFFIE STEW T & WEIDNER
By:
ffrey B. Rettig, Esquire
r
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been duly served upon
the following counsel of record, by depositing the same in the United States Mail,
postage prepaid, in Lemoyne, Pennsylvania, on the day of
2007:
Jason C. Imler, Esquire
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
JoAnne E. Kinzel, Esquire
Snyder & Dover
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Richard M. Wiener, Esquire
Villari, Brandes & Kline PC
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Je e . Rettig, Esquire
295234.1
r-a
Ci
.Tr ` N
-r.4
-^?
! -1
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
7® 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)
Jo Ann Quackenbush, B Civil Action - Law
? Appeal from arbitration
(other)
Ronald L. Howard, Jr.
and
The trial list will be called on August 21, 2007
and
Robert Quackensbush Trials commence on September 17, 2007
(Defendant) Pretrials will be held on August 29, 2007
VS. (Briefs are due S days before pretrials
Robert Quackenbush, No 5523 Civil Term 2005
Plaintiff
VS.
Ronald L. Howard, Jr.
Defendant
Indicate the attorney who will try case for the party who files this praecipe:
Jeffrey B. Rettig, Esquire, Attorney for Defendant, Ronald L. Howard,Jr.,
-3vl iiarxet street;- emoyna, a I/U4J k/17) -
Indicate trial counsel for other parties if known:
JoAnne Kinzel, Esquire, Attorney for Defendant, Robert Quackenbush
Jason Imler, Esquire.,.Attorney for Plaintiff, Jo Ann Quackenbush
icnara wiener, Esquire, Attorney or. ain i Vo-beftAFu c en us
This case is ready for trial. Sign
PrintNauVeCTtfiyL8' Rettig, Eiduire
May 16, 2007 v Defendant, Ronald L. Howard, Jr.
Date.
. It
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been duly served upon
the following counsel of record, by depositing the same in the United States Mail,
postage prepaid, in Lemoyne, Pennsylvania, on the 16 day of
2007:
Jason C. Imler, Esquire
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
JoAnne E. Kinzel, Esquire
Snyder & Dover
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Richard M. Wiener, Esquire
Villari, Brandes & Kline PC
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
JOHNSON, DUFFIE, STEWART & WEIDNER
J ffrey B. Rettig, E ire
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JO ANN QUACKENBUSH,
Plaintiff
v
RONALD L. HOWARD, JR.,
AND ROBERT QUACKENBUSH
Defendants
ROBERT QUACKENBUSH,
Plaintiff
v
RONALD L. HOWARD, JR.,
Defendant
#5
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
05-5523 CIVIL TERM
JURY TRIAL DEMANDED
IN RE: CONTINUANCE
ORDER OF COURT
AND NOW, this 21st day of August, 2007, the
above-captioned case having been called for trial by counsel for
Defendant Howard, and counsel for Defendant Quackenbush having
moved for a continuance of the trial, without objection on the
part of other counsel, the motion of Defendant Quackenbush for a
continuance is granted, and the case is stricken from the trial
list.
Counsel are directed to relist this case for
trial at such time as they deem appropriate.
By the Court,
t./ason Imler, Esquire
1300 Linglestown Road
Harrisburg, PA 17110-2838
For Jo Ann Quackenbush
Ann E. Kinzel, Esquire
5080 Ritter Road
Mechanicsburg, PA 17055-4879
For Robert Quackenbush
i
J. ?s y 0 , J.
XNn
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31H.L do
30U Ca-QJPJ
'Or.
Voeffrey B. Rettig, Esquire
126-128 Walnut Street
Harrisburg, PA 17101-1612
For Ronald L. Howard, Jr.
Court Administrator
:mae
VILLARI, BRANDES & KLINE, P.C.
BY: RICHARD M. WIENER, ESQUIRE
Identification No. 68041
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
(610) 729-2900
Attorney for Plaintiff,
Robert L. Quackenbush
JOANN QUACKENBUSH
Plaintiff
vs.
RONALD L. HOWARD, SR.
and
RONALD L. HOWARD, JR.
and
ROBERT QUACKENBUSH
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-5523 CIVIL TERM
ROBERT L. QUACKENBUSH
Plaintiff
VS.
RONALD L. HOWARD, JR.
and
RONALD L. HOWARD, SR.
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-1096 CIVIL TERM
PLAINTIFF, ROBERT L. QUACKENBUSH'S
MOTION TO STRIKE CASE FROM TRIAL LIST
Plaintiff, Robert L. Quackenbush, by and through his undersigned counsel, hereby moves this
Honorable Court for an Order striking these consolidated cases from the November 13, 2007 trial
list and in support of this motion avers as follows:
1. These bodily injury claims arose from a February 24, 2004 motor vehicle accident at the
intersection of Market Street and Enola Road (Routes 11 & 15) in East Pennsboro Township,
Cumberland County. Plaintiff, JoAnn Quackenbush, was a passenger in a vehicle operated by her
husband, Plaintiff/Defendant, Robert L. Quackenbush, and Defendant, Ronald L. Howard, Jr., was
the driver of a vehicle owned by his father, Defendant, Ronald L. Howard, Sr. The Quackenbush
vehicle was entering the intersection from westbound Market Street, while the Howard vehicle was
northbound on Enola Road. The intersection was controlled by a traffic light. The two vehicles
collided at the intersection, resulting in personal injuries to Mr. and Mrs. Quackenbush.
2. Pursuant to the praecipe filed by counsel for the Howard defendants, these consolidated
cases have been placed on the trial list to be called October 16, 2007, for trials to commence
November 13, 2007.
3. It is expected that the trial of these matters will last 3-4 days.
4. Starting November 14, 2007, I am attached for a specially-listed 3-day jury trial in the
Court of Common Pleas of Delaware County, Pennsylvania. That case, Little v. Crozer-Chester
Medical Center, Docket No. 05-14295, is to be tried before the Honorable George A. Pagano. See
ExhibitA, a true and correct copy of a July 26, 2007letter from the Delaware County District Court
Administrator, confirming said trial attachment.
5. On August 29, 2007, I spoke with each counsel of record in these matters and sought his
or her concurrence to the relief requested in this motion. All counsel, with the exception of Jeffrey
B. Retting, Esquire, stated they do not object to these cases being stricken from the November 13,
2007 trial list.
6. In light of the foregoing, it is respectfully requested that these consolidated cases be
stricken from the November 13, 2007 trial list.
WHEREFORE, Plaintiff, Robert L. Quackenbush, respectfully requests that this Honorable
Court grant Plaintiff's motion to strike these consolidated cases from this November 13, 2007 trial
list.
Respectfully submitted,
VILLARI, 3RAI DM? & KLINE, P.C.
DATE: ao '7 BY'
f
CHARD M. WIENER, ESQUIRE
Attorney for Plaintiff,
Robert L. Quackenbush
VERIFICATION
Richard M. Wiener, Esquire hereby states that he is the attorney for Plaintiff, Robert L.
Quackenbush, in these actions and verifies that the factual statements made in the foregoing motion
are true and correct to the best of his knowledge, information and belief.
The undersigned understands that the statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities.
M. WIENER, ESQUIRE
Exhibit A
07/26/07 letter confirming trial attachment in Delaware County
GERALD C. MONTELIA, ESQ.
DISTRICT COURT ADMINISTRATOR
EILEEN P. PADEN
DEPUTY DISTRICT COURT ADMINISTRATOR
OFFICE OF THE COURT ADMINISTRATOR
32ND JUDICIAL DISTRICT
DELAWARE COUNTY COURTHOUSE
201 WEST FRONT STREET
MEDIA, PA 19063
(610) 891-4550
FAX: (610) 566-9128
www co.delaware.pa.us/depts/courtadmin.htW
Richard M. Wiener, Esquire
8 Tower Bridge Road, Suite 400
161 Washington Street
Conshohocken, PA 19428
Re: Little vs. CCMC
Dear Counsel:
July 26, 2007
Kathleen Foley Burke, Esquire
Four Penn Center, 13'h Floor
1600 JFK Boulevard
Philadelphia, PA 19103
No. 05-14295
Ruthann Fiore
C *n1r%sl Court Admidstator
Denise L Hansen
Fern ly court Adrtftstrawr
Nicole M. Cotturo, Esq.
CM Court Administrator
Nancy L Alidns
Murko*Uotion Hsa"Administrator
Karen J. Cuba
Jury Administrator
Michael P. Freeman. Esq.
Arbitration Adffft retor
Doris M. Vantine
Adminkttratin Assistant
Please be advised that by Order of the Honorable George A. Pagano, you are hereby
specially listed for trial in the above captioned case for 3 days beginning Wednesday,
November 14, 2007.
In compliance with the cooperative agreement relating to conflict of counsel in the five
County Southeastern Pennsylvania area, including the United States District Court for the
Eastern District of Pennsylvania, we are hereby notifying these Courts of your attachment in
Delaware County.
Very truly yours,
Gerald C. Montella, Esquire
District Court Administrator
GCM:map
Cc: Honorable George A. Pagano
Thomas Clewley, U.S. District Court (facsimile)
Michael R. Kehs, Montgomery County Court
Joseph A. Cairo=, Philadelphia County Court
Douglas R. Pram, Bucks County Court
Margaret Yoketmick, Chester County Court
VILLARI, BRANDES & KLINE, P.C.
BY: RICHARD M. WIENER, ESQUIRE
Identification No. 68041
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428 Attorney for Plaintiff,
(610) 729-2900 Robert L. Quackenbush
JOANN QUACKENBUSH IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
vs. NO. 05-5523 CIVIL TERM
RONALD L. HOWARD, SR.
and
RONALD L. HOWARD, JR.
and
ROBERT QUACKENBUSH
Defendants
ROBERT L. QUACKENBUSH IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
VS. NO. 06-1096 CIVIL TERM
RONALD L. HOWARD, JR.
and :
RONALD L. HOWARD, SR.
Defendants
PROOF OF SERVICE
I, Richard M. Wiener, Esquire, hereby verify that on this 30`h day of August, 2007, a true
copy of the within Motion to Strike Cases from Trial List was sent via first class mail, postage
prepaid, to the below-named counsel of record. I understand that the statements herein are made
-1-
subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
Jeffrey B. Rettig, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
301 Market Street, P.O. Box 109
Lemoyne, PA 17043-0109
JoAnne E. Kinzel, Esquire
Law Office of Snyder & Dorer
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Jason C. Imler, Esquire
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
M. WIENER, ESQUIRE
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JOANN QUACKENBUSH, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
RONALD L. HOWARD,
SR., and RONALD L.
HOWARD, JR., and
ROBERT
QUACKENBUSH,
Defendants
motion is deemed moot.
CIVIL ACTION-LAW
NO. 05-5523 Civil Term
ROBERT IN THE COURT OF COMMON PLEAS OF
QUACKENBUSH, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION-LAW
RONALD L. HOWARD,
SR., and RONALD L.
HOWARD, JR., .
Defendants NO. 06-1096 Civil Term
IN RE: DEFENDANT ROBERT L. QUACKENBUSH'S MOTION TO
STRIKE CASE FROM TRIAL LIST
ORDER OF COURT
BEFORE OLER, J.
AND NOW, this IIth day of September, 2007, upon consideration of
Robert L. Quackenbush's Motion To Strike Case from Trial List, and it appearing
that no praecipe has been filed to list the same for the November trial term, the
Oq
BY THE COURT,
V NVAlo SNN d
KMOO (7.1111H1 g"
BE -I£ wd z 1 d3S Luz
pry 40
Richard M Wiener, Esquire
VVILLARI, BRANDES & KLINE, P.C.
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
Attorney for Robert L. Quackenbush
\,AAnne E. Kinzel, Esquire
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Attorney for Robert L. Quackenbush
ffrey B. Rettig, Esquire
V??
JOHNSON, DUFFIE, STEWART & WEIDNER, P.C.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Attorney for Defendant Ronald Howard, Jr.
Vdson C. Imler, Esquire
HANDLER, HENNING & ROSENBERG, LLP.
1300 Linglestown Road
Harrisburg, PA 17110
Attorney for JoAnn Quackenbush
e _I
PRAEcEM FOR LIS'T'ING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Plow list the following case:
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)
JoAnn Quackenbush,
(Plaintiff)
VS.
Ronald L. Howard, Jr. and
Robert Quackenbush
VS.
(Defendant)
Robert Quackenbush,
Plaintiff
VS.
Ronald L. Howard, Jr.,
Defendant
Civil Action - Law
? Appeal from arbitration
(other)
The trial listwill be called on October 16, 2007
and
Trials commence ou November 13, 2007
Pretrials will be held on October 24, 2007
(Briefs are due S days before pretrials
No. 5523 . Civil Tenn2005
Indicate the attorney who will try case for the party who files this praccipe:
Jeffrey B. Rettig, Esquire, Attorney for Defendant, Ronald L. Howard, Jr.,
301 Market Street. Lemoyne, PA 17043 (717) 761-4540
Indicate trial counsel for other parties if known:
JoAnne Kinzel, Esquire, Attorney for Defendant, Robert Quackenbush
Jason Imler. Esauire. Attorney for Plaintiff, Jo Ann Ouackpnhush
Richard Wiener, Esquire, Attorney for ain ob ackenbush
This case is ready for trial. Si
Print N e: Jeffrey B. Ret ig, Esquire
Date: August 27, 2007 Attorney for: Defendant, Ronald L. Howard, Jr.
i
r t
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been duly served upon
the following counsel of record, by depositing the same in the United States Mail,
postage prepaid, in Lemoyne, Pennsylvania, on the day of
2007:
Jason C. Imler, Esquire
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
JoAnne E. Kinzel, Esquire
Snyder & Dover
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Richard M. Wiener, Esquire
Villari, Brandes & Kline PC
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
JOHNSON, DUFFIE, STIEAIART & WEIDNER
B. Rettig,
:295234.1
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I',
VILLARI, BRANDES & KLINE, P.C.
BY: RICHARD M. WIENER, ESQUIRE
Identification No. 68041
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
(610) 729-2900
JOANN QUACKENBUSH
Plaintiff
VS.
RONALD L. HOWARD, SR.
and
RONALD L. HOWARD, JR.
and
ROBERT QUACKENBUSH
Defendants
ROBERT L. QUACKENBUSH
Plaintiff
vs.
RONALD L. HOWARD, JR.
and
RONALD L. HOWARD, SR.
Defendants
Attorney for Plaintiff,
Robert L. Quackenbush
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-5523 CIVIL TERM
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-1096 CIVIL TERM
PLAINTIFF, ROBERT L. QUACKENBUSH'S
MOTION TO STRIKE CASE FROM TRIAL LIST
Plaintiff, Robert L. Quackenbush, by and through his undersigned counsel, hereby moves this
Honorable Court for an Order striking these consolidated cases from the November 13, 2007 trial
list and in support of this motion avers as follows:
1. These bodily injury claims arose from a February 24, 2004 motor vehicle accident at the
intersection of Market Street and Enola Road (Routes 11 & 15) in East Pennsboro Township,
Cumberland County. Plaintiff, JoAnn Quackenbush, was a passenger in a vehicle operated by her
husband, Plaintiff/Defendant, Robert L. Quackenbush, and Defendant, Ronald L. Howard, Jr., was
the driver of a vehicle owned by his father, Defendant, Ronald L. Howard, Sr. The Quackenbush
vehicle was entering the intersection from westbound Market Street, while the Howard vehicle was
northbound on Enola Road. The intersection was controlled by a traffic light. The two vehicles
collided at the intersection, resulting in personal injuries to Mr. and Mrs. Quackenbush.
2. Pursuant to the praecipe filed by counsel for the Howard defendants, these consolidated
cases have been placed on the trial list to be called October 16, 2007, for trials to commence
November 13, 2007.
3. It is expected that the trial of these matters will last 3-4 days.
4. Starting November 14, 2007, I am attached for a specially-listed 3-day jury trial in the
Court of Common Pleas of Delaware County, Pennsylvania. That case, Little v. Crozer-Chester
Medical Center, Docket No. 05-14295, is to be tried before the Honorable George A. Pagano. See
ExhibitA, a true and correct copy of a July 26, 20071etter from the Delaware County District Court
Administrator, confirming said trial attachment.
5. On August 29, 2007, I spoke with each counsel of record in these matters and sought his
or her concurrence to the relief requested in this motion. All counsel, with the exception of Jeffrey
B. Retting, Esquire, stated they do not object to these cases being stricken from the November 13,
2007 trial list.
6. In light of the foregoing, it is respectfully requested that these consolidated cases be
stricken from the November 13, 2007 trial list.
WHEREFORE, Plaintiff, Robert L. Quackenbush, respectfully requests that this Honorable
Court grant Plaintiff's motion to strike these consolidated cases from this November 13, 2007 trial
list.
DATE: 10 VO-1
Respectfully submitted,
VILLARI ND S & KLINE, P.C.
BY:/
r CHARD M. WIENER, ESQUIRE
Attorney for Plaintiff,
Robert L. Quackenbush
VERIFICATION
Richard M. Wiener, Esquire hereby states that he is the attorney for Plaintiff, Robert L.
Quackenbush, in these actions and verifies that the factual statements made in the foregoing motion
are true and correct to the best of his knowledge, information and belief.
The undersigned understands that the statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
Exhibit A
07/26/07 letter confirming trial attachment in Delaware County
GERALD C. MONTELLA, ESQ.
DISTRICT COURT ADMINISTRATOR
EILEEN P. PADEN
DEPUTY DISTRICT COURT ADMINISTRATOR
OFFICE OF THE COURT ADMINISTRATOR
32ND JUDICIAL DISTRICT
DELAWARE COUNTY COURTHOUSE
201 WEST FRONT STREET
MEDIA, PA 19063
(610) 8914550
FAX: (610) 566-9128
www co.delaware.pa.us/depts/courtadmin.html
Richard M. Wiener, Esquire
8 Tower Bridge Road, Suite 400
161 Washington Street
Conshohocken, PA 19428
Re: Little vs. CCMC
Dear Counsel:
July 26, 2007
Kathleen Foley Burke, Esquire
Four Penn Center, 13'' Floor
1600 JFK Boulevard
Philadelphia, PA 19103
No. 05-14295
Ruthann Fiore
Criminal Court Administrator
Denise L. Hansen
Family Court Administrator
Nicole M. Cotturo, Esq.
Civil Court Administrator
Nancy L. Alkins
Municipal/Motion Hearing Administrator
Karen J. Cuba
Jury Administrator
Michael P. Freeman, Esq.
Arbitration Administrator
Doris M. Vantine
Administrative Assistant
Please be advised that by Order of the Honorable George A. Pagano, you are hereby
specially listed for trial in the above captioned case for 3 days beginning Wednesday,
November 14, 2007.
In compliance with the cooperative agreement relating to conflict of counsel in the five
County Southeastern Pennsylvania area, including the United States District Court for the
Eastern District of Pennsylvania, we are hereby notifying these Courts of your attachment in
Delaware County.
Very truly yours,
Gerald C. Montella, Esquire
District Court Administrator
GCM:map
Cc: Honorable George A. Pagano
Thomas Clewley, U.S. District Court (facsimile)
Michael R. Kehs, Montgomery County Court
Joseph A. Cairone, Philadelphia County Court
Douglas R. Praul, Bucks County Court
Margaret Yokemick, Chester County Court
VILLARI, BRANDES & KLINE, P.C.
BY: RICHARD M. WIENER, ESQUIRE
Identification No. 68041
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
(610) 729-2900
Attorney for Plaintiff,
Robert L. Quackenbush
JOANN QUACKENBUSH
Plaintiff
vs.
RONALD L. HOWARD, SR.
and
RONALD L. HOWARD, JR.
and
ROBERT QUACKENBUSH
Defendants
ROBERT L. QUACKENBUSH
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-5523 CIVIL TERM
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
RONALD L. HOWARD, JR.
and
RONALD L. HOWARD, SR.
Defendants
NO. 06-1096 CIVIL TERM
PROOF OF SERVICE
I, Richard M. Wiener, Esquire, hereby verify that on this 9`h day of October, 2007, a true copy
of the within Motion to Strike Cases from Trial List was sent via first class mail, postage prepaid,
to the below-named counsel of record. I understand that the statements herein are made subject to
-1-
the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
Jeffrey B. Rettig, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
301 Market Street, P.O. Box 109
Lemoyne, PA 17043-0109
JoAnne E. Kinzel, Esquire
Law Office of Snyder & Dorer
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Jason C. Imler, Esquire
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
M. WIENER, ESQUIRE
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JOANN QUACKENBUSH
v
RONALD L. HOWARD, JR.,
and ROBERT QUACKENBUSH
ROBERT QUACKENBUSH
v
RONALD L. HOWARD, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
05-5523 CIVIL TERM
IN RE: CASE CONTINUED
ORDER OF COURT
AND NOW, this 16th day of October, 2007, upon
consideration of the call of the civil trial list, and counsel
for Defendant Ronald L. Howard, Jr., in the person of Jeffrey B.
Rettig, Esquire, having called the case for trial, and counsel
for Robert Quackenbush in the person of Richard M. Wiener,
Esquire, having filed a written motion for a continuance of trial
based upon his attachment in Delaware County during the
forthcoming trial term, and it appearing that this case was
listed for trial after Mr. Wiener's attachment, the motion of
Robert Quackenbush for a continuance of trial is granted, over
the objection of counsel for Robert L. Howard, Jr., and counsel
are requested to relist this case for the February 2008 civil
trial term.
Pursuant to an agreement of counsel for Robert L.
Quackenbush, said counsel is attached for the February 2008 civil
trig
By the Court,
VINVAI',SWd
LNnrr, m7 no
SO :f I WV 8! 100 LODZ
AUJiWCH- Gdd ?Hl dQ
46
./son Imler, Esquire
1300 Linglestown Road
Harrisburg, PA 17110-2838
For Jo Ann Quackenbush
,/ichard M. Wiener Esquire
8 Tower Bridge
Suite 400
161 Washington Street
Conshohocken, PA 19428
For Robert Quackenbush
,,7/effrey B. Rettig, Esquire
126-128 Walnut Street
Harrisburg, PA 17101-1612
For Ronald L. Howard, Jr.
Court Administrator
:mae
JOANN QUCKENBUSH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYVANIA
V.
RONALD HOWARD, JR. and
ROBERT QUACKENBUSH,
DEFENDANTS
ROBERT QUACKENBUSH,
PLAINTIFF
V.
RONALD L. HOWARD, JR.,
DEFENDANT NO. 05-5523 CIVIL
IN RE: PRE-TRIAL CONFERENCE
ORDER OF COURT
AND NOW, this 16th day of January, 2008, after pre-trial conference in the above
referenced case, IT IS HEREBY ORDERED AND DIRECTED:
1. Trial Counsel in this case shall be: Jason C. Imler, Esquire for Plaintiff JoAnn
Quackenbush, Richard M. Wiener, Esquire for Plaintiff Robert L. Quackenbush,
JoAnne E. Kinzel, Esquire for Defendant Robert Quackenbush and Jeffrey B. Rettig,
Esquire for Defendant Ronald L. Howard, Jr.
2. Counsel have indicated that the trial will take approximately 2 - 3 days.
3. There will be a total of 12 peremptory challenges distributed as follows, 2 -
Joann Quackenbush exercised by Attorney Imler, 2 - Plaintiff Quackenbush exercised
by Attorney Wiener, 2 - Defendant Quackenbush exercised by Attorney Kinzel, 6 -
Defendant Ronald L. Howard exercised by Attorney Rettig.
4. Given the brief nature of the case, the Court, with the agreement of Counsel,
has determined that the jurors will not be allowed to take notes.
5. All parties have been directed to prepare an exhibit list pursuant to the
example attached. Two copies of this exhibit list shall be provided to the Court prior to
the commencement of trial.
6. Counsel for each party is directed to file with the Court on or before 12:00
noon on January 25, 2008, 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 will provide the full text of the proposed
instruction to the Court.
7. On or before 12:00 noon on January 25, 2008, each party will provide a
proposed verdict slip to the Court for review.
By the Court,
-?kl ?- -, ?
M. L. Ebert, Jr., J.
--*J"ason C. Imler, Esquire
Attorney for Plaintiff Joann Quackenbush
?Richard M. Wiener, Esquire
Attorney for Plaintiff Robert Quackenbush
?JoAnne E. Kinzel, Esquire
Attorney for Defendant Robert Quackenbush
?Jeffrey B. Rettig, Esquire
Attorney for Defendant Ronald L. Howard, Jr.
Court Administrator 4 AS ilmoc
bas
6't'` L 1 ' V r CG 0'7
]Hi
COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-1183 CRIMINAL
CHARGE: (1) CRIMINAL HOMICIDE
MURDER OF THE FIRST DEGREE
V. (2) CRIMINAL ATTEMPT TO MURDER
(3) AGGRAVATED ASSAULT
(4) CRIMES COMMITTED WITH
FIREARMS
(6) FIREARMS NOT TO BE CARRIED
WITHOUT A LICENSE
ANTYANE ROBINSON AFFIANT: DETECTIVE RONALD EGOLF
COMMONWEALTH'S EXHIBIT LIST
EXHIBIT NUMBER DESCRIPTION
1 Photograph of injury to
Tara Hodge's head
2 Used envelope bearing
handwriting of Tara Hodge
3 Photograph of the front of
building at 117-119 West Louther
Street
4 Exterior side view of
Tara Hodge's apartment
5 Photograph of body of
Rashawn Bass in shower
5 Closeup photograph of
Rashawn Bass with bullet casing
on shoulder
7 Diagram of Tara Hodge's
apartment
8 Plastic shower enclosure from
Tara Hodge's apartment
9 Address book of Tara Hodge
10 Date book of Tara Hodge
VILLARI, BRANDES & KLINE, P.C.
BY: RICHARD M. WIENER, ESQUIRE
Identification No. 68041
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
(610) 729-2900
Attorney for Plaintiff, Robert L. Quackenbush
JOANN QUACKENBUSH
Plaintiff
vs.
RONALD L. HOWARD, JR.
-and-
ROBERT QUACKENBUSH
Defendants
ROBERT L. QUACKENBUSH
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-5523 CIVIL TERM
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
RONALD L. HOWARD, JR.
Defendant
NO. 06-1096 CIVIL TERM
PLAINTIFF, ROBERT L. QUACKENBUSH'S MOTION IN LIMINE
TO PRECLUDE EVIDENCE OF WHETHER MR. QUACKENBUSH
WAS LICENSED BY THE COMMONWEALTH OF PENNSYLVANIA TO OPERATE
A MOTOR VEHICLE AT THE TIME OF THE SUBJECT ACCIDENT
Plaintiff, Robert L. Quackenbush, by and through his undersigned counsel, hereby moves
this Honorable Court for an Order in Limine precluding evidence of whether Mr. Quackenbush
was licensed by the Commonwealth of Pennsylvania to operate a motor vehicle at the time of the
subject accident, and in support of this motion avers as follows:
1. These consolidated bodily injury claims arose from a February 24, 2004 motor vehicle
accident at the intersection of Market Street and Routes 11 & 15 (Enola Road) in East Pennsboro
Township, Cumberland County, PA. At approximately 9:00 a.m., Plaintiff, Robert L.
Quackenbush, was driving his 1999 Chevrolet Malibu westbound on Market Street while
Defendant, Ronald L. Howard, Jr., was driving a 1995 Dodge Avenger northbound on 11 & 15.
The intersection was controlled by a traffic light. The two vehicles collided in the intersection,
with the front of the Howard vehicle "t-boning" the driver's side of the Quackenbush vehicle.
Mr. Quackenbush asserts he entered the intersection with a green light and that Mr. Howard ran a
red light. For his part, Mr. Howard asserts he entered the intersection with a green light and that
Mr. Quackenbush ran a red light.
2. These matters are listed for trial beginning February 4, 2008.
3. During his deposition, Mr. Quackenbush testified that at the time of this accident, he
was not a licensed driver in the Commonwealth of Pennsylvania. He further testified that even
though he has resided Pennsylvania since the 1960's, he did not transfer his driver's license from
New York (where he previously resided) to Pennsylvania until after this accident.
4. Mr. Quackenbush anticipates Defendant will attempt to introduce evidence of whether
Mr. Quackenbush was licensed by Pennsylvania to operate a motor vehicle at the time of this
accident. For the reasons stated below, such evidence must be precluded.
5. "Relevant evidence" means evidence having a tendency to make the existence of any
fact that is of consequence to the determination of the action more or less probable than it would
without the evidence. Pa.R.E. 401.
6. Evidence is relevant when it tends to establish facts in issue or when it in some degree
advances the inquiry and thus has probative value. Whistler Sportswear, Inc. v. Rullo, 433 A.2d
40 (Pa.Super. 1981).
7. Evidence which is not relevant is not admissible. Pa.R.E. 402.
8. Relevant evidence still 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.
9. "Unfair prejudice" means a tendency to suggest decision on an improper basis or to
divert the jury's attention away from its duty of weighing the evidence impartially. Comment to
Pa.R.E. 403.
10. Evidence of the status of Mr. Quackenbush's Pennsylvania licensure is not relevant
to any of the issues in this case, and its introduction at trial would be so unfairly prejudicial to
Mr. Quackenbush as to outweigh any purported probative value.
11. The purpose of requiring a license is to secure competent drivers; failure to obtain a
license is not conclusive evidence of incompetence. Barker v. Reedy, 74 A.2d 533 (Pa.Super.
1950).
12. Defendant does not argue that at the time of the subject accident, Mr. Quackenbush
was an unlicensed or incompetent driver, and there is no evidence that Mr. Quackenbush was an
unlicensed or incompetent driver. In fact, at the time of this accident, Mr. Quackenbush was
licensed in the State of New York.
WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter an Order
on the record precluding all attorneys, parties and witnesses from offering evidence of whether
Mr. Quackenbush was licensed by the Commonwealth of Pennsylvania to operate a motor
vehicle at the time of the subject accident.
VILLARI,,OZI ES & KLINE, P.C.
DATED: January 29, 2008 B
ICHARD M. WIENER, ESQUIRE
ttorney for Plaintiff, Robert L. Quackenbush
VERIFICATION
Richard M. Wiener, Esquire hereby states that he is the attorney for the Plaintiffs in this
action and verifies that the statements made in the foregoing Motion in Limine are true and
correct to the best of his knowledge, information and belief.
The undersigned understands that the statements herein are made subject to the penalties
of 18 Pa.C.S.A. § 4904 relating to unsworn falsific4jioato authorities.
M. Wiener, Esquire
'I, BRANDES & KLINE, P. C.
VILLARI, BRANDES & KLINE, P.C.
BY: RICHARD M. WIENER, ESQUIRE
Identification No. 68041
8 Tower Bridge, Suite 400
161 Washington Street
Conshohocken, PA 19428
(610) 729-2900
Attorney for Plaintiff, Robert L. Quackenbush
JOANN QUACKENBUSH
Plaintiff
vs.
RONALD L. HOWARD, JR.
-and-
ROBERT QUACKENBUSH
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-5523 CIVIL TERM
Defendants
ROBERT L. QUACKENBUSH
Plaintiff
VS.
RONALD L. HOWARD, JR.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-1096 CIVIL TERM
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF, ROBERT L. QUACKENBUSH'S MOTION IN LIMINE
TO PRECLUDE EVIDENCE OF WHETHER MR. QUACKENBUSH
WAS LICENSED BY THE COMMONWEALTH OF PENNSYLVANIA TO OPERATE
A MOTOR VEHICLE AT THE TIME OF THE SUBJECT ACCIDENT
1. FACTUAL BACKGROUND
These consolidated bodily injury claims arose from a February 24, 2004 motor vehicle
accident at the intersection of Market Street and Routes 11 & 15 (Enola Road) in East Pennsboro
Township, Cumberland County, PA. At approximately 9:00 a.m., Plaintiff, Robert L.
Quackenbush, was driving his 1999 Chevrolet Malibu westbound on Market Street while
Defendant, Ronald L. Howard, Jr., was driving a 1995 Dodge Avenger northbound on 11 & 15.
The intersection was controlled by a traffic light. The two vehicles collided in the intersection,
with the front of the Howard vehicle "t-boning" the driver's side of the Quackenbush vehicle.
Mr. Quackenbush asserts he entered the intersection with a green light and that Mr. Howard ran a
red light. For his part, Mr. Howard asserts he entered the intersection with a green light and that
Mr. Quackenbush ran a red light. These matters are listed for trial beginning February 4, 2008.
During his deposition, Mr. Quackenbush testified that at the time of the accident, he was
not a licensed driver in the Commonwealth of Pennsylvania. He further testified that even
though he has resided Pennsylvania since the 1960's, he did not transfer his driver's license from
New York (where he previously resided) to Pennsylvania until after this accident.
Mr. Quackenbush anticipates Defendant will attempt to introduce evidence of whether
Mr. Quackenbush was licensed by Pennsylvania to operate a motor vehicle at the time of this
accident. For the following reasons, such evidence must be precluded as not relevant and
unfairly prejudicial.
II. LEGAL ARGUMENT
"Relevant evidence" means evidence having a tendency to make the existence of any fact
that is of consequence to the determination of the action more or less probable than it would
without the evidence. Pa.R.E. 401. Evidence is relevant when it tends to establish facts in issue
or when it in some degree advances the inquiry and thus has probative value. Whistler
Sportswear, Inc. v. Rullo, 433 A.2d 40 (Pa.Super. 1981). Evidence which is not relevant is not
admissible. Pa.R.E.402.
Relevant evidence still 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. "Unfair
prejudice" means a tendency to suggest decision on an improper basis or to divert the jury's
attention away from its duty of weighing the evidence impartially. Comment to Pa.R.E. 403.
Evidence of the status of Mr. Quackenbush's Pennsylvania licensure is not relevant to
any of the issues in this case, and its introduction at trial would be so unfairly prejudicial to Mr.
Quackenbush as to outweigh any purported probative value. The purpose of requiring a license
is to secure competent drivers; failure to obtain a license is not conclusive evidence of
incompetence. Barker v. Reedy, 74 A.2d 533 (Pa.Super. 1950). Defendant does not argue that
at the time of the subject accident, Mr. Quackenbush was an unlicensed or incompetent driver,
and there is no evidence that Mr. Quackenbush was an unlicensed or incompetent driver. In fact,
at the time of this accident, Mr. Quackenbush was licensed in the State of New York.
III. CONCLUSION
In light of the foregoing, Plaintiff, Robert L. Quackenbush, respectfully requests that this
Honorable Court enter an Order on the record precluding all attorneys, parties and witnesses
from offering evidence of whether Mr. Quackenbush was licensed by the Commonwealth of
Pennsylvania to operate a motor vehicle at the time of the subject accident.
Respectfully submitted,
& KLINE, P.C.
DATED: January 29, 2008 BY:,
7ICHARD M. WIENER, ESQUIRE
Attorney for Plaintiff,
Robert L. Quackenbush
CERTIFICATE OF SERVICE
I, Richard M. Wiener, Esquire, hereby certify that a true and correct copy of the attached
Plaintiff, Robert L. Quackenbush's Motion in Limine to Preclude Evidence of whether Mr.
Quackenbush was licensed by the Commonwealth of Pennsylvania to operate a motor
vehicle at the time of the subject accident was served upon the following counsel of record via
first class mail, postage pre-paid, this 29th day of January, 2008:
Jeffrey B. Rettig, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
301 Market Street, P.O. Box 109
Lemoyne, PA 17043-0109
JoAnne E. Kinzel, Esquire
Law Office of Snyder & Dorer
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Jason C. Imler, Esquire
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
M. Wiener, Esquire
U, BRANDES & KLINE, P. C.
P.
l t,7
N
V/ ^'
Jason C. Imler, Esquire
Attorney I.D. No. 87911
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Tele: (717) 238-2000
Fax: (717) 233-3029
IMLERO-HHRLAW.COM
JOANN QUACKENBUSH,
Plaintiff
V.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 05-5523
RONALD L. HOWARD, JR. and
ROBERT QUACKENBUSH, CIVIL ACTION -LAW
Defendants
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly mark the above-captioned matter settled, discontinued and ended.
Respectfully submitted,
Date:
HANDLER, HENNING & ROSENBERG, LLP
By G.--_
ason C. Imler, Esquire
I.D. No.: 87911
1300 Linglestown Road
Harrisburg, PA 17110
(717) 238-2000
Attorney for Plaintiff
1 .'g* i
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
document upon all parties of counsel of record by depositing a copy of the same in the
United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on January
30, 2008, addressed to the following:
JoAnne E. Kinzel, Esquire
Law Office of Snyder & Dorer
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Jeffrey B. Rettig, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Richard Weiner, Esquire
Villari, Brandes & Kline, P.C.
8 Tower Bridge, Ste. 400
161 Washington Street
Conshohocken, PA 19428
Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
Date: January 30, 2008 By
Jason C. Imler, Esquire
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