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HomeMy WebLinkAbout06-1096VILLARI, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS. G7? - /L'?b e C 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 VILLARL 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 ROBERT L. QUACKENBUSH 527 North 3rd 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 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA 7Zt, 0 i? - /d 9G ??( ,...-. 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. 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. Asa 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; (t) 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; (j) 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, BFANDES- KLINE, P.C. BY: RICHARD M: WIENER, ESQUIRE Attorney for Plaintiff -5- -??k v v?'J 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 ROBERT L QUACKENBUSH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RONALD L. HOWARD, SR., RONALD L. HOWARD, JR. Defendants NO: 06-1096 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, OSBORNE & RETTIG C. Supreme Ct. I.D. #19616 126428 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: Richard M. Wiener, Esquire Villari, Brandes & Kline PC 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Attorney for Plaintiff & RETTIG,P J y B. Rettig, Esquire =reme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: Z d N Attorneys for Defendants, Ronald Howard, Sr. and Ronald Howard, Jr. Y ' 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 vs. RONALD L. HOWARD, JR. and RONALD L. HOWARD, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO.: 06-1096 JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE ORIGINAL VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached original Verification of Plaintiff, Robert Quackenbush, for the Verification of counsel filed with the Plaintiff s Complaint. VILLARI, BRANDES & KLINE, P.C. BY:,' / CHARD M. WIENER, ESQUIRE Attorney for Plaintiffs 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. Robert L. Quackenbush ( ?! ?? .. 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 irettiela hostMa.com ROBERT L 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: 06-1096 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Robert Quackenbush c/o Richard M. Wiener, Esquire Villari, Brandes & Kline PC 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Attorney for Defendant) 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 ajudgment may be entered against you. OS E & TTI .C. Je frey . Rettig 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 irettig(dhoslMa.com ROBERT L QUACKENBUSH IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. RONALD L. HOWARD, SR., RONALD L. HOWARD, JR. Defendants NO: 06-1096 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, come the Defendants, Ronald L. Howard, Sr. and Ronald L. Howard, Jr. by their attorneys, Osborne & Rettig, and Answer Plaintiff's Complaint as follows: 1. It is admitted that the Plaintiff 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. 2-3. Admitted. 4. Denied. It is denied that Ronald L. Howard, Jr. was the agent, servant, worker and/or employee of Defendant Ronald L. Howard, Sr. or that he was engaged in the business of Ronald L. Howard Sr. and acting within the scope of his agency and/or employment at the time of this accident. Denied as stated. It is admitted that Ronald L. Howard, Jr. was a permissive user of the vehicle owned by Ronald L. Howard, Sr. at the time this accident occurred. 6. Denied as stated. It is admitted that on February 24, 2004, at approximately 9:00 a.m. Mr. Quackenbush was operating a motor vehicle westbound on Market Street at its intersection with Route 11/15 in East Pennsboro Township, Cumberland County, Pennsylvania. Admitted. 8. Admitted except that Plaintiff was proceeding through the intersection on a red light whereas the Defendant, Ronald L. Howard, Jr., had a green light. 9. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 10-13. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. COUNTI ROBERT L. QUACKENBUSH v. RONALD L. HOWARD JR. AND RONALD L. HOWARD SR. 14. The answers to paragraphs 1 through 13 above are incorporated herein by reference thereto. 15. Denied. It is denied that Ronald L. Howard, Jr. was acting as an agent of Ronald L. Howard, Sr. As to the allegations regarding negligence, they are denied pursuant to Pa. R.C.P. 1029. WHEREFORE, Defendants request that Count I of Plaintiff's Complaint be dismissed without cost to them. 2 COUNT II PLAINTIFF v. RONALD L. HOWARD SR. 16. The answers to paragraphs 1 through 15 above are incorporated herein by reference thereto. 17. Denied. It is denied that Ronald L. Howard, Sr. was negligent. It is further denied that he had any knowledge that Defendant, Ronald L. Howard, Jr. was inexperienced, unlicenced, unqualified, unsafe, unfit, tired and/or a careless driver. To the contrary, Ronald L. Howard, Jr. was none of those. It is further denied that Ronald L. Howard Sr. was negligent in allowing Ronald L. Howard, Jr. to use his vehicle. WHEREFORE, Answering Defendant requests that Count II of Plaintiff s Complaint be dismissed without cost to him. NEW MATTER 18. Plaintiff's claims are or may be barred by the Statute of Limitations. 19. If Plaintiff is subject to the full tort option then his claims for non-economic damages are barred. 20. Plaintiff's claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, the limitations of which are incorporated herein by reference thereto. WHEREFORE, Answering Defendants request that Plaintiff's Complaint be dismissed without cost to them. Respectfully submitted, & RETTIG,P Jeffrey B. Rettig, Esg6 Supreme Ct. I.D. 919616 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 Attorney for Defendants, Ronald Howard, Sr., and Ronald Howrad, Jr. 4 VERIFICATION I, Ronald L. Howard, Jr., hereby verify and state that the facts set forth in the foregoing ANSWER OF DEFENDANT, RONALD L. HOWARD, JR., TO PLAINTIFF'S, ROBERT QUACKENBUSH, COMPLAINT 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: Gi kw-? Ronald L. Howard, Jr. VERIFICATION I, Ronald L. Howard, Sr., hereby verify and state that the facts set forth in the foregoing ANSWER OF DEFENDANT, RONALD L. HOWARD, SR., TO PLAINTIFF'S, ROBERT QUACKENBUSH, COMPLAINT 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 4404 relating to unworn verification to authorities. ??- Dated: 7 - T , 0 6, Ronald L. Howard, Sr. 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: Richard M. Wiener, Esquire Villari, Brandes & Kline PC 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Attorney for Plaintiff) & RETTIG,P 4 tab Date: 7 Z// Jeffro 19. Rettig, Esquire Sullreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendants, Ronald Howard, Sr. and Ronald Howard, Jr. <??, - 'rs __R CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBERT QUACKENBUSH -VS- RONALD HOWARD, SR. & RONALD HOWARD, JR. COURT OF COM TERM, CUMBERLAND CASE NO: 06-1096 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: 05/22/2006 P a1 Y . RETTIG, Attor ey for DEFE ANT DE11-627232 1 72 0 3- L O 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMM<p ROBERT QUACKENBUSH TERM, ?i CUMBERLAND -VS - CASE NO: 06-1096 RONALD HOWARD, SR. & RONALD HOWARD, JR. 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: 05/22/2006 ?I a 1 / ^Y . RETTIG, Attor ey for DEFE ANT DE11-627232 3-7203-L 02 P E NN S Y L VAN 2 A C O M M O N W EALTH OF, COUNTY or CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT QUACKENBUSH -VS- RONALD HOWARD, SR. & RONALD HOWARD, JR. NOTICE OF SNORE FAMILY PRACTICE, INC ORTHOPEDIC SURGEONS MEDICAL RECORDS 6 BILLING MEDICAL RECORDS & BILLING 21 TO: RICHARD M. WEINER, ESQUIRE, 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: 05/02/2006 CC: JEFFREY B. RETTIG, ESQ. - 20051943 NORMA BROWER - TERM, CASE NO: 06-1096 MCS on behalf of JEFFREY B. RETTIG, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET Mo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-331217 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. TO: Custodian of Records for SNOKE FAMILY PRACTICE INC (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:. **** SFF ATTACHED RIDER **** at The M CS EM Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry 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 BY T COURT: r Pro onota rk, C' it Division n 5/22/06 Deputy Date: NT o _t Q 7 2,-Z) L Seal of the Court 1 72n'A-m EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SNOKE FAMILY PRACTICE, INC. 1800 CARLISLE ROAD CAMP HILL, PA 17011 RE: 17203 ROBERT QUACKENBUSH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten motes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : ROBERT QUACKENBUSR 527 THIRD STREET WEST FAIRVIEW, PA 17025 Social Security A XXX-RX 16W1 Date of Birth: 05-17-1938 SU10-615572 3-72 0 3- 1,0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 10, `??`VV//??''??""/ IN THE MATTER OF: COURT OF COMMON PLEA ROBERT QUACKENBUSH TERM, CUMBERLAND _vs_ CASE NO: 06-1096 RONALD HOWARD, SR. & RONALD HOWARD, JR. 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: 05/22/2006 / / WeyAttDEFE NT DE11-627233 1 7 2 0 3- 1,0 3 P E NN S Y L VAN 2 A COMMONWEALTH OF, COUNTY or CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT QUACKENBUSH -VS - TERM, CASE NO: 06-1096 RONALD HOWARD, SR. & RONALD HOWARD, JR. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUC THINGS FOR DISCOVERY PURSUANT TO RULE SNORE FAMILY PRACTICE, INC. MEDICAL RECORDS 6 BILLING ORTHOPEDIC SURGEONS MEDICAL RECORDS & BILLING TO: RICHARD M. WEINER, ESQUIRE, 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 abjection 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: 05/02/2006 CC: JEFFREY B. RETTIG, ESQ. - 20051943 NORMA BROKER - MCS on behalf of JEFFREY B. RETTIG, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET $800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-331217 1 72 0 3-C03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT QUACKENBUSH File No. 06-1096 VS. RONALD HOWAR, SR 6 RONALD HOWARD, JR. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC SURGEONS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER **** at The MCS CTU= InG 1601 Market Street Suite 900 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry 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 n 05/22/06 Date: t?T 2 J. . Seal of the Court BY THCOURT: Pro 5 Cii Division Deputy 17203-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC SURGEONS 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 17203 ROBERT QUACKENBUSH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: OBERT DUACHENBUSII 527 THIRD STREET, WEST FAIRVIEW, PA 17025 Social Security #: XXX-XX-1661 Date of Birth: 05-17-1938 SU10-619574 1 7 2 0 3- L 0 3 o Jy fil yO >:C7 an J 43 -n tJ1 SHERIFF'S RETURN - OUT OF COUNTY t CASE NO: 2006-01096 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND QUACKENBUSH ROBERT L VS HOWARD RONALD L JR 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 in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 20th , 2006 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 Thomas Kline Dep Perry County 49.70 Sheriff of Cumberland County Postage 1.59 88.29 03/20/2006 VILLARI BRANDES KLINE Sworn and subscribed to before me this /7 day of ;4D(, A. D. O P Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania RobertL. Quackenbush vs. Ronald L. Howard Jr et al SERVE: Ronald L. Howard Jr No. 06-1096 civil Now, March 2, 2006 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. Sheriff of Cumberland County, PA Affidavit of Service Now, _ within upon _ March 15, Notice & Complaint Ronald L-. Howard Jr 20 06 at 6:06 o'clock P M. served the 218 Basin Hill Rd, (Wheatfield Twp) Duncannon, PA 17020 -at by handing to Donna Weaver, Ronald Howard Srs, Girlfriend & Person in Charge a True & Attested copy of the original Notice & Complaint and made known to Her the contents thereof. So answers, Aaron D. Richards a? ?, 4?dj? Deputy Sheriff of Perry County, PA COSTS Sworn and subscribed before SERVICE me this I& 9day of MUM , 2006 _ MILEAGE _ s AFFIDAVIT tn _ iOTARIAL SEAL ARGARE9TF.'FUCVJNGER.KOTARY UBLIC [M MFIELD BORO., PERRY COUNTY MISSION EXPIRES FEB. 16, 2008 $ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-01096 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND QUACKENBUSH ROBERT L VS HOWARD RONALD L JR ET AL R. Thomas Kline 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 , Sheriff or Deputy Sheriff who being in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 20th , 2006 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answ Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Klfne .00 Sheriff of Cumberland County .00 16.00 03/20/2006 VILLARI BRANDES KLINE Sworn and subscribed to before me this 17 day of `YIn.N 'Obi A. D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania RobertL. Quackenbush vs. Ronald L. Howard Jr et al SERVE, Ronald L. Howard Sr No. 06-1096 civil Now, March 2, 2006 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. Sheriff of Cumberland County, PA Affidavit of Service Now,_ within upon _ at 218 Basin Hill Rd. ( Wheatfield Twp) Duncannon, PA 17020 by handing to Donna Weaver, Defendants Girlfriend & Person in a True & Attested Her and made known to Charge copy of the original Notice & Complaint the contents thereof. So answers, Aaron D.? Richards Deputy Sheriff of Perry County, PA Sworn and subscribed before me this )/,,Lk day of Mi% rC, 2006 Qif d? ? - March 15, Notice & Complaint Ronald L. Howard, Sr 20 06, at 6:06 o'clock P M. served the NOTARIAL SEAL IEARGAREI E t?tCION6FR, NOTARY PUBLIC BLOOMIBFd.O BBRO., PERRY COUNiY 8 MP COM EXPIRES FEB.1 2888 COSTS SERVICE $ MILEAGE AFFIDAVIT PREREQUISITE TO SERVICE OP A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBERT QUACKENBUSH _VS_ HOWARD 4Z COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-1096 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RICHARD M. WEINER, 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: 08/29/2006 gin alf ; el 40ICD M. WEINER, ESQ. Attorney for PLAINTIFF R1.18 133-H DRII-0643779 29268-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBERT QUACKENBUSH -VS- HOWARD COURT OF COMMON PLEAS TERM, CASE NO: 06-1096 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 UPS OTHER ADVANCE AUTO PARTS OTHER VERIZON, INC. OTHER TO: JEFFREY B. RETTIG, ESQ MCS on behalf of RICHARD M. WEINER, 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: 08/09/2006 CC: RICHARD M. WEINER, ESQ. - 210778 Any questions regarding this matter, contact MCS on behalf of RICHARD M. WEINER, ESQ. Attorney for PLAINTIFF THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.15S 133-H DE02-0339165 29268-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT QUACKENBUSH File No. 06-1096 vs. HOWARD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records (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:_ **** SE ATTACHED RIDER **** at The MCS Group in 1601 Market Street uite 900 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RICHARD M. WEINER ADDRESS: - TOWER_BRIDGE_#-4 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Plaintiff BY THE COURT4Ciivilision Proth notary/ClerAUG 2 9 2006 Date: Deputy Seal of the Court 29269-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: UPS 19TH STREET HARRISBURG. PA RE: 29268 RONALD HOWARD Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY & ALL EMPLOYMENT RECORDS FROM 10/1/03 TO 3/1/04 Subject : RONALD HOWARD R1.15S 133-H SU10-0636630 29268-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBERT QUACKENBUSH _VS_ HOWARD COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-1096 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RICHARD M. WEINER, 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: 08/29/2006 n aKN? /%;HARD M. SQ - Attorney for PLAINTIFF R1.18 133-H DE11-0643780 29268-LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBERT QUACKENBUSH -VS- HOWARD COURT OF COMMON PLEAS TERM, CASE NO: 06-1096 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 UPS OTHER ADVANCE AUTO PARTS OTHER VERIZON, INC. OTHER TO: JEFFREY B. RETTIG, ESQ. MCS on behalf of RICHARD M. WEINER, 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: 08/09/2006 CC: RICHARD M. WEINER, ESQ. - 210778 Any questions regarding this matter, contact MCS on behalf of RICHARD M. WEINER, ESQ. Attorney for PLAINTIFF THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1-15S 133-9 DE02-0339165 29268-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT QUACKENBUSH File No. 06-1096 VS. HOWARD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ADVANCE AUTO PARTS (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: **** S ATTACHED RIDER **** at The MCS C r= Inc 1601 Market Street Suite 800, Philadelphia PA 191 03 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: RI ADDRESS: -8' TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Plaintiff BY T OURT: Proth notary/Cle c, ill Divi on AUG 2 9 2006 Date: A? [? Deputy Seal of the Court 29268-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ADVANCE AUTO PARTS ROUTE 11/15 ENOLA. PA RE: 29268 RONALD HOWARD Prior approval is required for fees is excess of $100.00 for hospitals, $50.00 for all other providers. ANY & ALL EMPLOYMENT RECORDS FROM 10/1/03 TO 3/1/04 Subject : RONALD HOWARD R1.15S 133-H SII10-0636632 29268-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA rJ P ® PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBERT QUACKENBUSH _VS_ HOWARD COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-1096 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RICHARD M. WEINER, 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: 08/29/2006 ,t 1Q Llf Gv/? F1/?eena?! ? /? D M. WEINER, ES . Attorney for PLAINTIFF R1.18 133-H DE11-0643781 29268-LO3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBERT QUACKENBUSH -VS- HOWARD COURT OF COMMON PLEAS TERM, CASE NO: 06-1096 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 UPS OTHER ADVANCE AUTO PARTS OTHER VERIZON, INC. OTHER TO: JEFFREY B. RETTIG, ESQ. MCS on behalf of RICHARD M. WEINER, 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: 08/09/2006 CC: RICHARD M. WEINER, ESQ. - 210778 Any questions regarding this matter, contact MCS on behalf of RICHARD M. WEINER, ESQ. Attorney for PLAINTIFF THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.15S 133-H DE02-0339165 29268-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT QUACKENBUSH File No. 06-1096 vs. HOWARD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for VERIZON INS (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: **** SFF ATTACHED RIDER **** at The MCS Grp= In 1601 Market Street ite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: RICHARD M. WEINER. ES ADDRESS: - TOWER-BRIDGE-#400_ TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Plaintiff AUG 2 9 20% Date: 01,Apj???lp Seal of the Court BY T SOUR 1, 1 4 L /)7 1A Prothonotary/CJor1 Civil vision Deputy 29268-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR VERIZON, INC. 1095 AVE OF THE AMERICAS RM 2900 LEGAL COMPL NEW YORK, NY 10036 RE: 29268 RONALD HOWARD Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY & ALL CALL LOG RECORDS REGARDING WIRELESS #717-514-4206 FROM 2/1/04 - 2/29/04 Subject : RONALD HOWARD R1.15S 133-H SU10-0636634 29268-L03 c_ xP l1 W `?+ N 0 O 'Z 21 w ? OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Telephone: 717-232-3046 Fax: 717-232-3538 ROBERT L QUACKENBUSH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RONALD L. HOWARD, SR. and RONALD L. HOWARD, JR. Defendants NO: 06-1096 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR SUMMARY JUDGMENT OF DEFENDANT RONALD HOWARD, SR. 1. Plaintiff's Complaint arises out of an automobile accident that occurred on February 24, 2004 at the intersection of Market Street and Route 11/15 in Marysville, Pennsylvania. 2. Mr. Quackenbush, with Mrs. Quackenbush as a passenger, claims to have had the green light as he entered the intersection on Market Street while Mr. Howard, Jr., also claiming to have the green light, entered the intersection on Rt. 11/15. 3. The only allegations against Ronald Howard, Sr. are that he was negligent in entrusting his vehicle to Ronald Howard, Jr. 4. On July 25, 2006, Ronald Howard, Sr. was deposed. He gave no testimony which supported the allegations of negligence in Plaintiff's Complaint. 5. On July 25, 2006, Ronald Howard, Jr. was also deposed and, just as with his father, he also gave no testimony supporting the allegations of negligence of Ron Howard, Sr. 6. Because of the absence of any evidence of negligence on the part of Ron Howard, Sr., the undersigned counsel circulated a letter with a stipulation providing for the discontinuance of Ron Howard, Sr. to all other counsel on October 17, 2006. 7. On October 18, 2006, Attorney Kinzel, on behalf of Mr. Quackenbush as a Defendant in the related case of Joanne Quackenbush v. Ronald Howard, Sr., Ronald Howard, Jr. and Robert Quackenbush, agreed to stipulate to the dismissal of Ron Howard, Sr. "provided all other counsel agreed." A copy of her letter is attached hereto marked Exhibit "A". 8. Also on October 18, 2006, Attorney Imler on behalf of Plaintiff, Joanne Quackenbush, in the related case, returned a signed stipulation to discontinue the claims against Mr. Howard, Sr. 9. Attorney Richard Wiener, the attorney for Robert Quackenbush as Plaintiff, has not responded to counsel's letter requesting his stipulation or follow-up telephone call and thus presumably he opposes the dismissal of Ronald Howard, Sr. 10. Plaintiff's counsel has produced no evidence suggesting any negligence on the part of Ronald Howard, Sr. and thus this Motion for Summary Judgment should be granted. WHEREFORE, Defendant Ronald Howard, Sr. requests that this Honorable Court enter an Order granting summary judgment in his favor. Respectfully submitted, & RETTIG, P.C. f xe g, esquire 19696 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorney for Defendants, Ronald Howard, Sr. and Ronald Howard, Jr. LAW OFFICE OF JILL R. SNYDER Bethlehem, PA 18017 SNYDER & D'ANNUNZIO Philadelphia, PA 19102 SNYDER & VERBEKE CONSHOHOCKEN, PA 19428 SNYDER & FLEMING Greensburg, PA 15601 t U. uv SNYDER & ANDREWS Wexford, PA 15090 SNYDER & ASSOCIATES Plains, PA 18705 SNYDER &SHAFFER DOYLESTOWN, PA 18901 REPLY TO: CAMP HILL LAW OFFICE OF SNYDER & DORER Employees of Nationwide Mutual Inairancc Companve Not a Partnership 214 SENATE AVENUE, SUITE 503 CAMP HILL, PENNSYLVANIA 17011 (717) 731-0988 (FAX) (717) 731-0987 DONALD R. DORER JOANNE E. KINZEL Rcfer to: 05HB-00150 October 18, 2006 Jeffrey B. Rettig, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 PARALEGALS DENISE E. KAUFFMAN LISA S. WOLFGANG Re: Jo Ann Quackenbush vs. Ronald L. Howard, Sr., Ronald L. Howard, Jr., and Robert Quackenbush Cumberland County: No. 05-5523 Civil Term Dear Mr. Rettig, As per your request for a Stipulation to dismiss Ron Howard, Sr., I will agree to said Stipulation provided all other counsel agree. Thank you for your attention. JEK:dek c: Jason Imler, Esquire Richard Wiener, Esquire Sincerely, e E. Kinzel, Esquire 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: Richard M. Wiener, Esquire Villari, Brandes & Kline PC 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Attorney for Plaintiff) & RFITTIG, P.C. F-6 e ttt. I. 8 alnut t Street Harrisburg, PA 17101 (717) 232-3046 Date: 71d ? Attorneys for Defendants, Ronald Howard, Sr. and Ronald Howard, Jr. r.? Q `> ra cr+ -st -?.. '; ? ??4 y 4; `-? :% Jeffrey B. Rettig, Esquire OSBORNE & RETTIG, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Telephone: 717-232-3046 Fax: 717-232-3538 iretti ,hoslawaa.com ROBERT L. QUACKENBUSH, Plaintiff V. RONALD L. HOWARD, SR., and RONALD L. HOWARD, JR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1096 : 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: l J ey ettig?, esquire Q N 616 6-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorney for Defendants, Ronald Howard, Sr., and Ronald Howard, Jr. A 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: 10 - -06 Jason C. Imler, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Joann Quackenbush VOW. J' SWIM Apo Tower 16 CMd?olackM 1 wa+singu X28 h 2 Date: 11 02 OQJL JoAnne Kinzel, Esquire Snyder borer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Attorney for Defendant Robert Quackenbush Date: lhlo7 Harrisburg, PA 17101 Attorney for Defendants, Ronald L. Howard, Sr. and Ronald L. Howard, 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 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 Date: f 0 7 OSBORNE & RETTIG, P.C. 4ey B. Rettig, Esq ' e Aq. V) ?} O ' ? W X1 1 ~ 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, PA NO. 05-5523 CIVIL TERM 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: d ' 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 parry 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. VILLARI„WANDE? & KLINE, P.C. DATE: February 5, 2007 BY:/ r? ' PCHARD 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 r COMPLAINT AND NOW, comes the Plaintiff, JoAnn Quackenbush, by and through her attorneys, FAWP DirectoriesWClltrial\Quackenbush\Complalnt.wpd JOANN QUACKENBUSH, Plaintiff, V. RONALD L. HOWARD, SR., RONALD L. HOWARD, JR., and ROBERT QUACKENBUSH, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED 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. 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- 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 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 111 - 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: /b - / q- 0 Sr By?? - 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: C/ Qf440 A49-Ann Quackenbush Exhibit B Complaint in Robert L. Quackenbush vs. Ronald L. Howard Jr. et al., No. 06-1096 Civil Term 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 ROBERT L. QUACKENBUSH vs. RONALD L. HOWARD, JR. and RONALD L. HOWARD, SR. - C '-+ -. C7 n Attorney for Plaintiff ?._:.. ` J= -` 2 IN THE COURT OF COMMON PLE OF CUMBERLAND QOUNTY, PA S 13 CIVIL ACTION - LAW 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 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 \ t? 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. COUNT I 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- 1 (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, Bfi6,-VNDES -4 KLINE, F.C. BY: XLICHARD Mr WIENER, ESQUIRE Attorney for Plaintiff -5- 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. 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 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, PA NO. 05-5523 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 06-1096 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF. ROBERT L. QUACKENBUSH'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 parry 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, J11MNDE$ & 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 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, PA 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, PA NO. 06-1096 CIVIL TERM PROOF OF SERVICE I, Richard M. Wiener, Esquire, hereby verify that on this 5th 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 -I- penalties of 18 Pa.C.S.A. § 4904 relating to unsworn 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- E - Ti -TI - r t C ra 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FM 13 2007# 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. NO. 06-1096 CIVIL TERM RONALD L. HOWARD, JR. and RONALD L. HOWARD, SR. : Defendants ORDER AND NOW, this day of 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 C URT: L5 IL J. 0 3?% orFjc?°°? lu' P 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 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, 4RKNDE' & KLINE, P.C. DATE: ? *07 BY- AICHARD 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. RIVHARD M. WIENER, ESQUIRE Exhibit A 07/26/07 letter confirming trial attachment in Delaware County GERALD C. MONT'ELLA, ESQ. DISTRICT COURT ADMINISTRATOR EILEEN R PADEN DEPUTY DISTRICT OOl1RT ADMINISTRATOR OFFICE OF THE COURT ADMINISTRATOR 32ND JUDICIAL DISTRICT DELAWARE COUNTY COURTHOUSE 201 WEST FRONT STREET MEDIA, PA 19063 (610) 891-4560 FAX: (610) 566-9128 www eo.delawarepaus/depts/courudmin.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 Admhdshator Denise L Hansen Family Court Adrralor Nicole M. Cotturo, Esq. CK41 Court AdmiMshalor Nancy L Alkins Karen J. Cuba JuryAdministrator Michael P. Freeman, Esq. Arbitration Admhidtiator Doris M. Vanfins Admk*MaUw 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. Kelps, Montgomery County Court Joseph A. Cairone, Philadelphia County Court Douglas R. Pram, Bucks County Court Margaret Yokernick, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5523 CIVIL TERM 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 unworn 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 -2- r C? C. '7L'17 F5 d 44 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 ROBERT QUACKENBUSH, Plaintiff V. RONALD L. HOWARD, SR., and RONALD L. HOWARD, JR., Defendants CIVIL ACTION-LAW NO. 05-5523 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 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 11`h 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 motion is deemed moot. BY THE COURT, Richard M Wiener, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Attorney for Robert L. Quackenbush JoAnne E. Kinzel, Esquire LAW OFFICE OF SNYDER & DORER 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Attorney for Robert L. Quackenbush Jeffrey B. Rettig, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Ronald Howard, Jr. Jason C. Imler, Esquire HANDLER, HENNING & ROSENBERG, LLP. 1300 Linglestown Road Harrisburg, PA 17110 Attorney for JoAnn Quackenbush V 1 .4 !V61 ,' 0 4411 15 1 hi 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 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 ROBERT L. QUACKENBUSH Plaintiff vs. RONALD L. HOWARD, JR. and RONALD L. HOWARD, SR. Defendants : NO. 05-5523 CIVIL TERM Attorney for Plaintiff, Robert L. Quackenbush 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 duly 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: - Respectfully submitted, VILLARI„ RIZAND4S & KLINE, P.C. BY: 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. r°HARD M. WIENER, ESQUIRE Exhibit A 07/26/07 letter confirming trial attachment in Delaware County GERALD C. MONTELLA, ESQ. DISTRICT COURT ADMINISTRATOR EILEEN R 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. 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`h 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, GCM:map C44? C' Gerald C. Montella, Esquire District Court Administrator 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 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 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 the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Jeffrey B. Rettig, Esquire Johnson, Duffie, 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 -2- "? C"} ? ' t ?' ? -n *„?° ?_i,., ? ? ,.. J_'" _ ,, f ?'i ? } {, --i` t"F~' _ ?L? ? ? ?.7 ?Y? .G ? ,.G. 1?% 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, JR. -and- ROBERT QUACKENBUSH Attorney for Plaintiff, Robert L. Quackenbush IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5523 CIVIL TERM Defendants ROBERT L. QUACKENBUSH Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1096 CIVIL TERM RONALD L. HOWARD, JR. Defendant 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,N1pES & KLINE, P.C. DATED: January 29, 2008 BY/.' ' l l HARD M. WIENER, ESQUIRE rney 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 falsifica ion to authorities. M. Wiener, Esquire U, 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, VILLARI,-SRANDVS & KLINE, P.C. DATED: January 29, 2008 BY. ! f / ?ICHARD 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 29`h 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 6hard M. Wiener, Esquire LLARI, BR,4NDES & KLINE, P. C. C I -? 0 'x N 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(Mjdsw.com JOANN QUACKENBUSH, Plaintiff V. RONALD L. HOWARD, JR., and ROBERT QUACKENBUSH Attorneys for Defendant Ronald Howard, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 05-5523 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED Defendants ROBERT L. QUACKENBUSH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO: 06-1096 V. RONALD L. HOWARD, JR., CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED Defendant MOTION IN LIMINE OF DEFENDANT AND NOW, comes Defendant, Ronald L. Howard, Jr., by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files this Motion in Limine to preclude Plaintiffs wife, Joann Quackenbush, from offering an opinion as to the speed of Mr. Howard's vehicle as it approached the intersection and in support thereof, represents as follows: 1. This lawsuit involves an automobile accident that occurred at the intersection of Routes 11&15 and Market Street in West Fairview in which the Defendant, Ronald L. Howard, Jr., was driving northbound on Route 11&15 and the Plaintiff, Robert Quackenbush, was proceeding westbound on Market Street with his wife, Joann Quackenbush, as a passenger. 2. During her deposition on July 25, 2006, Mrs. Quackenbush was asked if she could estimate how fast Mr. Howard was going and her answer was "No. I wouldn't make that assumption, but he was ... ". (See Deposition Exhibit, Page 16, attached hereto and marked as Exhibit "A"). 3. Thereafter, she testified that she thought he was going faster than 35 miles per hour. (See pp. 17-18, attached hereto and marked as Exhibit "B"). 4. Later in her testimony, she was asked if she could estimate the distance between the oncoming vehicle operated by Mr. Howard and her vehicle and she answered that she could not. See p. 47, attached hereto and marked as Exhibit "C"). She was also asked to estimate the amount of time she was able to observe the oncoming car and she again indicated that she could not do that. (Id. at 47). 5. In order for lay opinion testimony regarding speed to be admissible, the proponent must first establish a foundation showing that the witness had sufficient opportunity to estimate the speed. See, Finnerty v. Darby, 138 A.2d 117 (1978). See also, Solomon v. Baum, 560 A.2d 878 (Pa. Cmwlth. 1989). 6. In the Solomon case, Mr. Solomon testified that he did not observe the oncoming vehicle until it was forty-five feet away. Another eye witness indicated that he had observed the oncoming vehicle only seconds before the collision. In both cases, the trial court precluded the witnesses from offering an estimate as to speed as they had not laid a sufficient foundation showing that they had adequate opportunity to estimate the speed. 7. Moreover, Mrs. Quackenbush never did estimate the speed of Defendant's vehicle either than to say that it exceeded a given rate of speed. 8. Under these circumstances, the Court is requested to enter an Order precluding Mrs. Quackenbush from offering an estimate as to the speed of Mr. Howard's vehicle. Respectfully submitted, ohhson, Duffle, StewartA Weidner Fo rR eig, Esquire rrIDo: 19616 Market t Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 ibr cDidsw.com Dated: February 5, 2008 Attorney for Defendant, Ron Howard E%Ullall «A„ A002298 JOANN QUACKENBUSH JULY 25, 2006 1 direction of travel was red initially? 1 MS. KINZEL: Okay. I'm song. To me 2 A. Maybe not the whole distance but, you know, 2 they're the same. 3 as you're going up you notice its red. You're not 3 BY MS. KINZEL: 4 just watching it way down at the end of the street, 4 Q._ He's in the lane next to the curb? 5 what's going on up there. 5 A. Right. Next to the UniMart, right. 6 Q. Okay. 6 Q. Not in what we would call the fast lane or 7 A. But it did, you know, at one point there 7 the passing lane? 8 when you noticed the light, maybe there at the hotel 8 A. No. 9 or something, you know, watching it. You know, 9 Q. Okay. How far back from the light was that 0 there's nothing to look at in West Fairview. 10 red car when you first saw it? 1 Q. All right. So at some point you noticed 11 A. Well, he was in full view that I could see 2 that your light was red? 12 the whole car. Thats when I said I knew he was 3 A. Yeah. Yes, ma'am. 13 moving. But I could see the whoie red, you know, the 4 Q. All right. Now, did you continue to watch 14 car. Like I said, It was very shiny and everything. 5 that light as Bob drove slowly up Market Street? 15 It was very quick. 5 A. Well, I saw It turn green and everything and 16 And I did see it. I won't estimate the feet 7 he - well, he was looking the other way, up right, 17 or anything because I have no Idea on the feet or the 3 and, of course, I saw the man coming. I mean 18 distance. moving. The red car. It looked like It had just 19 Q. Can you -- can you estimate how fast he was -been polished or waxed or washed. It was real nice 20 going? I and shiny and I mean it was like a flash. 21 A. No. I wouldn't make that assumption, but he i And I said to Bob at the light, you know, 22 was -- I the red car Is going to hit you. By that time it was 23 Q. Do you know what the speed limit is on I over. 24 11/15? i Q. Okay. So you saw the red car -- 25 A. 35 miles an hour. Page 14 Page 16 A. Absolutely. Q. -- before it actually hit your car? A. Uh-huh. Q. Yes? A. Yes. Q. Okay. It was coming from your left-hand side down 11/15? A. Right. Q. There are two lanes each way on 11/15. Correct? A. I know there's two. I think so. But I'm not going to - I know on the left-hand side there is. Q. Okay. From the direction that the red car was coming there's two lanes A. Yes. Q. Two traveling lanes? A. Yes. 1 Q. Now, how long have you been driving 2 yourself? 3 A. Well, I'm going to be 73. Since I was about 4 15. 5 Q. Okay. In your experience, was the red car 6 going more than 35 miles an hour, less than 35 miles 7 an hour, or about 35 miles an hour? 8 A. Just -- 9 Q. Based on your experience and knowledge as a 10 driver. 11 A. Absolutely he was going faster than 35 miles 12 an hour. 13 Q. Would you say that he was -- in your 14 experience that he was going faster than 40 miles an 15 hour? 16 A. Yes. 17 Q. From your observation and your experience, 18 do you believe he was going faster than 45 miles an 1 2 3 4 ?Ct116?T «6„ 3 5 .2. uxay. 6 7 A. But it did, you know, at one point there 7 8 when you noticed the light, maybe there at the hotel 8 9 or something, you know, watching it. You know, 9 10 there's nothing to look at in West Fairview. 10 11 Q. All right. So at some point you noticed 11 12 that your light was red? 12 13 A. Yeah. Yes, ma'am. 13 14 Q. All right. Now, did you continue to watch 14 15 that light as Bob drove slowly up Market Street? 15 16 A. Well, I saw it turn green and everything and 16 17 he -- well, he was looking the other way, up right, 17 18 and, of course, I saw the man coming. I mean 18 19 moving. The red car. It looked like it had just 19 20 been polished or waxed or washed. It was real nice 20 21 and shiny and I mean it was like a flash. 21 22 And I said to Bob at the light, you know, 22 23 the red car is going to hit you. By that time it was 23 24 over. 24 25 Q. Okay. So you saw the red car -- 25 Page 14 1 A. Absolutely. 1 2 Q. -- before it actually hit your car? 2 3 A. Uh-huh. 3 4 Q. Yes? 4 5 A. Yes. 5 6 Q. Okay. It was coming from your left-hand 6 7 side down 11/15? 7 8 A. Right. 8 9 Q. There are two lanes each way on 11/15. 9 10 correct? 10 11 A. I know there's two. I think so. But I'm 11 12 not going to -- I know on the left-hand side there 12 13 is. 13 14 Q. Okay. From the direction that the red car 14 15 was coming there's two lanes -- 15 16 A. Yes. 16 17 Q. Two traveling lanes? 17 18 A. Yes. 18 19 Q. Can you tell me which lane the red -- 19 20 A. The inside lane. 20 21 Q. The red car was in, the curb lane, the 21 22 inside lane? 22 23 A. Right. 23 24 MR. WIENER: I'm sorry. It sounds 24 25 inconsistent to me. 25 Page 15 e s in the lane next to the curb? A. Right. Next to the UniMart, right. Q. Not in what we would call the fast lane or the passing lane? A. No. Q. Okay. How far back from the light was that red car when you first saw it? A. Well, he was In full view that I could see the whole car. That's when I said I knew he was moving. But I could see the whole red, you know, the car. Like I said, It was very shiny and everything. It was very quick. And I did see it. I won't estimate the feet or anything because I have no idea on the feet or the distance. Q. Can you -- can you estimate how fast he was going? A. No. I wouldn't make that assumption, but he was -- Q. Do you know what the speed limit is on 11/15? A. 35 miles an hour. Page 16 Q. Now, how long have you been driving yourself? A. Well, I'm going to be 73. Since I was about 15. Q. Okay. In your experience, was the red car going more than 35 miles an hour, less than 35 miles an hour, or about 35 miles an hour? A. Just -- Q. Based on your experience and knowledge as a driver. A. Absolutely he was going faster than 35 miles an hour. Q. Would you say that he was -- in your experience that he was going faster than 40 miles an hour? A. Yes. Q. From your observation and your experience, do you believe he was going faster than 45 miles an hour? A. Well, from the way the car (sound) like this, you know what I'm trying to say, he had to be going -- you know, 35 miles an hour, that's not a thing. That's why I say it was over that amount of speed. But I don't want to make anything sound like Page 17 5 (Pages 14 to 17) A002298 $OANN QUACKENBUSH JULY 259 2006 1 I'm judging what speed the man was going. I just 1 everything else. 2 know he was absolutely going over 35 miles an hour. 2 I was a nervous 3 Just (pausing). 3 we were and what had 4 Q. And in your belief the was going over 40 4 the gas pumps, we'd h. 5 miles an hour you would say? 5 But that must have sto 6 A. Yes. 6 telephone pole there. 7 Q. Okay. Would you the able to say whether or 7 Q. Okay. 8 not you thought he was going over 45 miles an hour? 8 A. And the car drifl 9 A. I don't want to get top involved in that I 9 into -- back on Market 10 don't want to make the wrong assumption, but... 10 Q. What directio 11 Q. Did you -- from the time you saw the red car it finally stopped? 12 until the impact, did you (continue to watch that red 12 A. Okay. We we ,i 13 car? 13 It was facing back 14 A. It wasn't that long. Imean it was just 14 Q. So It was fa 15 like (sound). I'm trying to say to you, it was so 15 coming from? 16 quick and I saw him from the time he became visible 16 A. (Nods head u 17 right on the side of the UniMart there. There's a 17 Q. Is that rig 18 little curb like there, a little (Indicating) in the 18 A. Turned It aro 19 road, not a big one but them is. 19 and went down. 20 And when I saw him he was just coming right 20 Q. Did both of 21 around that and that quick he had hit us. 21 your car? 22 Q. How far out Into the intersection, into 22 A. Yes. 23 11/15 was your car when it was hit? 23 Q. Did they 24 A. Right -- we were hit right on the door, 24 A. Yes. 25 between the door - between the two doors and the 25 Q. I'm sorry. Page 18 1 whole side there. So we weren't out very far when he 1 have pictures 2 hit us. 2 which folder I 3 Q. You have a four-door car or had a four-door 3 Mrs. Qua 4 car? 4 black-and-whi 5 A. Right. 5 you, do you re 6 Q. And the other car hit you right in the 6 where the acd 7 middle between those two doors? 7 A. Yes, it is. 8 A. Well, the door was jammed in against Bob. 8 Q. Are you, 9 Bob was just pinned right Ih. And the whole car, the 9 the pole that y 10 whole frame and everything was broken. 10 A. It must b 11 Q. Okay. Did you have any conversation -- no, 11 Q. The on 12 I'm song. Before I go there. 12 A. Right 13 Upon impact whathappened to your car? I 13 Q. Okay. 14 mean did you stop immediately? 14 this pen and 15 A. No. 15 car came to. 16 Q. Did you get spun around? What happened !to 16 see. 17 your car? 17 Okay. 18 A. We - we did spin, a were told, about three 18 right of 19 times around. I was told t at after the impact. 19 A. Actu 20 People always look. Nobody ever sees anything, but 20 Q. I'm 21 they hear an impact they look. 21 MS. 22 We landed up against a telephone pole right 22 as Exhibit Y 23 at the comer of the highway there. As the car 23 BY MS. IQ 24 pictures will show, the whole pole there, and 24 Q. 25 afterwards, like I said, there's the gas pumps and 25 stop? EXHIBIT "C" dent for the purpose 6 other way. I looked to the left because he was 6 of the car you were in? ._ when you could 7 looking to the right. 7 A. Well, five, ten miles an hour. m the left if you're 8 Q. All right. 8 Q. Okay. rds the intersection 9 A. So I would have been looking the same - 9 A. Just barely moving. hide actually was i 10 Q. Do you know why he was looking to the right? 10 Q. And did the -- did Bob apply the I 11 A. No. Because maybe that's just the way he 11 his vehicle at all before impact? 12 looks at traffic. I don't know. 12 A. No. could you have 13 Q. And did he tell you after this accident 13 Q. Okay. k on Market Street? 14 occurred that he was looking to the right rather than 14 A. Because we -- he didn't see the car. 15 to the left? 15 Q. He didn't see the red car coming' 16 A. Probably. Because -- 16 A. No. et Street, we 17 Q. If you remember. 17 Q. Okay. Has he told you since the ; the light, you 18 A. I don't remember all these -- 18 that he never saw the red car? 19 Q. That's okay. 19 A. Right. j 20 A. We're talking about two-and-a-half years 20 Q. And I think you said that you sail further bade 21 ago. 21 to Bob as you -- re. You can't 22 Q. I understand that. And I want to encourage 22 A. I did. hway. A 1 23 you to say I don't remember If that's the honest 23 Q. After you saw the red car. Did hi 24 answer. We don't want you to speculate or guess. 24 anything in response? ion of the 25 Fair enough? 25 A. He didn't have time. Page 44 Page 46 with your ability to 1 A. Well, I won't. 1 Q. So that means he probably -- he d 15? 2 Q. Okay. Now, when you looked to the left and 2 A. He didn't, no. It was too late by the di curve of the 3 saw the oncoming red car, do I understand you to say 3 it hit. ither, because 4 you cannot estimate the speed of that vehicle? 4 Q. You were describing your path of there, there's a 5 A. No. 5 the intersection where the accident occt curve. It's 6 Q. Okay. Can you estimate for me when you 6 you said you took one path if your car w seeing further 7 looked to the left and when you saw the oncoming car 7 Third Street, and you described that pat. 8 how far that car was from the intersection itself? 8 A. Right to see if there was 9 A. If I could see the whole car, sir, there was 9 Q. I got the Impression that you t oob int in time before the 10 not -- I mean as fast as that car was moving, its a 10 different path if the car wasn't parked o red car coming? 11 zoom. I don't know. I did see the whole car. 11 Street. Is that correct? 12 Q. I understood. But my question to you Is can 12 A. Yes. looked to your left and 13 you estimate for me the distance -- 13 Q. What path did you take if the car i ing from your left, 14 A. No. 14 parked on Third Street? ng? 15 Q. -- between that car and the intersection? 15 A. If the car was parked in the back -- thi passenger. I 16 A. No. 16 an alley behind our house, if it was parked in n. I don't know 17 Q. Can you estimate for me the amount of time 17 back, you would just go -- you could go dowr way or what. 18 you were able to observe that car -- 18 alley and make a turn at the end of the alley t your husband was 19 A. No. 19 up and hit Second Street. 20 Q. -- as it approached the point of impact? 20 Q. And which way would you turn on the right. 21 A. (Shakes head from side to side.) 21 Street? .on. You testified 22 Q. Pardon? 22 A. Well, you would turn at the end of the looking to the right 23 A. No. 23 alley, you would turn left and it would take yc and saw the red car. Was 24 Q. Okay. What was the speed of the car that 24 to Second Street and then you would turn rig ? 25 you were in as you were going beyond that white line 25 down the street. Page 45 : Page 47 13 (Pag 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 JOANN QUACKENBUSH, Plaintiff V. RONALD L. HOWARD, JR., and ROBERT QUACKENBUSH Defendants Attorneys for Defendant Ronald Howard, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 05-5523 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED ROBERT L. QUACKENBUSH, Plaintiff V. RONALD L. HOWARD, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 06-1096 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion in Limine has been duly served upon all counsel of record and parties of interest by fax on this Stn day of February, 2008, and addressed as follows: Richard M. Wiener, Esquire Villari, Brandies & Kline PC 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, Pennsylvania 19428 Johnson, Duffle, Stewart & Weidner By: J ey . etti , Esquire Cg fTl 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 JOANN QUACKENBUSH, Attorneys for Defendant Ronald Howard, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO: 05-5523 V. : CIVIL ACTION - LAW RONALD L. HOWARD, JR., and ROBERT QUACKENBUSH JURY TRIAL OF 12 DEMANDED Defendants ROBERT L. QUACKENBUSH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO: 06-1096 V. RONALD L. HOWARD, JR., CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED Defendant MOTION TO SUBSTITUTE WITNESS AND NOW, comes Defendant, Ronald L. Howard, Jr., by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files moves Your Honorable Court for permission to substitute a witness, and in support thereof represents as follows: 1. During the course of this litigation it was determined to be important to obtain information regarding the functioning of the traffic light at the intersection where this accident occurred functioned. 2. It was learned that the subject traffic control signal was maintained by a company called P.E.R.C.S. 3. In order to obtain information regarding how the traffic light functioned, depositions were taken by Plaintiffs counsel of two employees of P.E.R.C.S., Wade Kelly and Cary Johnson. 4. In his deposition, Mr. Johnson gave testimony regarding how the lights at this intersection cycled and also provided information regarding how long the lights would be green, yellow and red and what it took to cause the lights to cycle. 5. It is understatement to state that Mr. Johnson is a reluctant and unwilling witness. He has threatened to report to authorities any counsel that subpoenas him to testify. 6. Despite that threat, the undersigned counsel did issue a subpoena to Cary Johnson. It is unknown whether Mr. Johnson intends to abide by the subpoena or not. 7. In contacting P.E.R.C.S. on February 4, 2008, the undersigned counsel was advised that Mr. Johnson's supervisor, a gentleman by the name of Sam Garman, was willing to testify regarding the cycling of the light and how the light would begin to cycle and was willing to testify in place of Mr. Johnson. 8. Mr. Garman has stated to the undersigned counsel that he is familiar with the testimony given by Mr. Johnson at his deposition and that Mr. Garman's testimony would be identical thereto. 9. Because of Mr. Johnson's hostility and because substituting Mr. Garman for Mr. Johnson would not prejudice any of the parties to this case, Your Honorable Court is respectfully requested to enter an Order allowing counsel to call Sam Garman in place of Cary Johnson. 10. In Plaintiff's Pre-Trial Memo, Plaintiffs counsel listed as witnesses, Mr. Kelly, Mr. Johnson "and/or other representatives of Pennsylvania P.E.R.C.S." Mr. Garman is a representative of P.E. R.C.S. Respectfully submitted, Stewart & By: Agff iey fWNo: 19616 3 Mar et Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 ibrCc?adsw.com Dated: February 5, 2008 Attorney for Defendant, Ron Howard Johnson, Duffle, Stewart 3 Weidner By: JEFFREY B. RETTIG, ESQUIRE I.D. No. 19818 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 781-4540 jbrQjdsw.com JOANN QUACKENBUSH, Plaintiff V. RONALD L. HOWARD, JR., and ROBERT QUACKENBUSH Defendants Attorneys for Defendant Ronald Howard, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 05-5523 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED ROBERT L. QUACKENBUSH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO: 06-1096 V. RONALD L. HOWARD, JR., Defendant CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Substitute Witness has been duly served upon all counsel of record and parties of interest by fax on this 50 day of February, 2008, and addressed as follows: Richard M. Wiener, Esquire Villari, Brandes & Kline PC 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, Pennsylvania 19428 Johnson, Duffle, Stewart & Weidner By: J ey B. Rettig, aVhre t? CIN v% k?' € CO Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETrIG, ESQUIRE I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com JOANN QUACKENBUSH, Plaintiff V. RONALD L. HOWARD, JR., and ROBERT QUACKENBUSH Defendants ROBERT L. QUACKENBUSH, Plaintiff V. RONALD L. HOWARD, JR., Defendant Attorneys for Defendant Ronald Howard, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO: 05-5523 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 06-1096 r'`f CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED DEFENDANT'S REPLY TO PLAINTIFF'S MOTION IN LIMINE REGARDING EVIDENCE AND TIMING SEQUENCE OF TRAFFIC LIGHTS AND NOW comes Defendant, Ronald Howard, Jr., by and through his counsel, Johnson, Duffie, Stewart & Weidner and responds to the Motion in Limine filed by Plaintiffs counsel as follows: 1. Admitted. 2. Admitted. 3. Admitted. In further answer, during the Pre-Trial Conference before Judge Ebert, Judge Ebert determined that the permit was authentic over the objection of the Plaintiffs. 4. Admitted. 5. Admitted. 6. Denied as stated. It is admitted that Mr. Johnson testified that he did not understand all aspects of the timing and sequencing of the light. However, he did understand r some aspects of it including the minimum duration that the traffic light controlling Market Street traffic would stay red and yellow. (See pages 17-20 of Mr. Johnson's testimony). 7. Admitted. However, Pa. R.C.P. 4003.5 applies only to expert's retained to testify and neither of the P.E.R.C.S witnesses were retained to testify. Moreover, they are not being asked to express opinions. 8. Admitted. 9. Admitted. However, it is not necessary that an expert testify regarding the timing and sequencing of the lights. To the contrary, Mr. Johnson will not be expressing an opinion, but rather telling us what the timing sequence of the light is. 10. Admitted. Although the testimony of Mr. Johnson is not expert testimony, he is simply a knowledgeable person regarding the sequencing of lights. 11. Denied. See responses to paragraphs 6 through 10 above. 12. Denied. The anticipated questioning of Mr. Johnson regarding the minimum amount of time that the light for Market Street would be red and the minimum amount of time that the light from Market Street would be yellow does not involve expert testimony and is well within Mr. Johnson's abilities. WHEREFORE, Defendant requests that Plaintiffs Motion in Limine be denied. Respectfully submitted, nson, Duffle, tewart & Weidner By: J Y B. Rettig, E ire A orney I.D. No: 19616 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 ibrO-*dsw.com Dated: February 5, 2008 Attorney for Defendant, Ron Howard ,_ . -kl 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 JOANN QUACKENBUSH, Plaintiff V. RONALD L. HOWARD, JR., and ROBERT QUACKENBUSH Defendants ROBERT L. QUACKENBUSH, Plaintiff V. RONALD L. HOWARD, JR., Defendant Attorneys for Defendant Ronald Howard, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 05-5523 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 06-1096 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant's Reply to Plaintifrs Motion in Limine Regarding Evidence and Timing Sequence of Traffic Lights has been duly served upon all counsel of record and parties of interest by fax on this a day of February, 2008, and addressed as follows: Richard M. Wiener, Esquire Villari, Brandes & Kline PC 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, Pennsylvania 19428 Duffle, Stewart & Weidner B. Rettig, 322929 ( 31' `" rn tTj I cr, 6A+ ! T1 co ? ?C3 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) 751-4540 jbr@jdsw.com JOANN QUACKENBUSH, Plaintiff V. Attorneys for Defendant Ronald Howard, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 05-5523 : CIVIL ACTION - LAW RONALD L. HOWARD, JR., and ROBERT QUACKENBUSH JURY TRIAL OF 12 DEMANDED Defendants ROBERT L. QUACKENBUSH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO: 06-1096 V. : CIVIL ACTION - LAW RONALD L. HOWARD, JR., JURY TRIAL OF 12 DEMANDED Defendant DEFENDANT'S REPLY TO PLAINTIFF'S MOTION IN LIMINE REGARDING PLAINTIFF JOANNE QUACKENBUSH'S SETTLEMENT AND NOW comes Defendant, Ronald Howard, Jr., by and through his counsel, Johnson, Duffie, Stewart & Weidner and responds to the Motion in Limine filed by Plaintiff's counsel as follows: 1. Admitted. 2. - Denied. It is denied that Mrs. Quackenbush's Complaint pleaded in the alternative that the accident was caused by the negligence of Mr. Howard and/or of Mr. Quackenbush. To the contrary, Mrs. Quackenbush specifically alleged in her Complaint that Mr. Quackenbush proceeded into the intersection on a red light. Settlement of Mrs. Quackenbush's claim was funded entirely by Mr. Quackenbush's insurer with no contribution made on behalf of Mr. Howard. 3. Admitted. 4. Based on having received a discontinuance of Mrs. Quackenbush's lawsuit, it is assumed that she came to some settlement terms with Mr. Quackenbush's insurance company. 5. Defendant does not intend to introduce evidence regarding Mrs. Quackenbush's pre-trial settlement as Defendant Howard knows no details of that settlement. However, Defendant Howard does anticipate utilizing the Complaint filed by Mrs. Quackenbush against her husband as evidence in this case. 6. The particular statute is in writing and speaks for itself. 7. Denied as stated. Counsel does not intend to use any Settlement Agreement as he is unaware of any written agreement regarding the settlement of Mrs. Quackenbush's claims. 8. It is admitted that this is a correct statement of the general law. 9. Denied. Evidence of a pre-trial settlement is admissible under certain circumstances and could be admissible under the circumstances of this case. 10. Denied. This allegation represents a conclusion of law to which no response is required. WHEREFORE, Defendant's attorney does not intend to make reference to Mrs. Quackenbush's settlement of her claims against Mr. Quackenbush and Mr. Howard, he does intend to utilize the sworn allegations of negligence set forth in Mrs. Quackenbush's Complaint against Mr. Quackenbush. Respectfully submitted, Duffle, Stewart.4 Weidner By. J ?Es quire : 19616 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 ibrta'?,?jdsw.com Dated: February 5, 2008 Attorney for Defendant, Ron Howard . 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 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO: 05-5523 V. CIVIL ACTION - LAW RONALD L. HOWARD, JR., and ROBERT QUACKENBUSH JURY TRIAL OF 12 DEMANDED Defendants ROBERT L. QUACKENBUSH, V. Plaintiff RONALD L. HOWARD, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 06-1096 CIVIL ACTION - LAW JURY TRIAL OF 12 DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant's Reply to Plaintiffs Motion in Limine Regarding Plaintiff Joanne Quackenbush's Settlement has been duly served upon all counsel of record and parties of interest by fax on this 5t'' day of February, 2008, and addressed as follows: Richard M. Wiener, Esquire Villari, Brandes & Kline PC 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, Pennsylvania 19428 Johnson, Duffle, Stewart & Weidner Jeff ey B. Rettig, Esqui 322924 r?a ?, .., ., T < -. rn T C) r-n ate 1 • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 40 25 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ORIGINAL JOANN QUACKENBUSH VS. NO. 05-5523 RONALD L. HOWARD, SR., RONALD the aePonent aid L. HOWARD, JR. AND ROBERT QUACKENBUSH not read and sign ____ _____________ this depositio ______________ n ROBERT L. QUACKENB USH transcript. VS. NO. 06-1096 RONALD L. HOWARD, SR. AND ROBERT L. HOWARD, JR DEPOSITION OF: ROBERT QUACKENBUSH TAKEN BY DEFENDANT QUACKENBUSH BEFORE BRENDA S. HAMILTON, RPR NOTARY PUBLIC DATE JULY 25, 2006; 11:50 A.M. PLACE HANDLER, HENNING & ROSENBERG, 1300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA ATKINSON-BAKER, INC. COURT REPORTERS 500 NORTH BRAND BOULEVARD, 3RD FLOOR GLENDALE, CALIFORNIA 91203 (800) 862-0562 www.depo.com REPORTED BY: BRENDA S. HAMILTON, RPR FILE NO: A002298 1 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 0 25 APPEARANCES: HANDLER, HENNING, & ROSENBERG, LLP BY: JASON IMLER, ESQUIRE 1300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 17110 FOR - PLAINTIFF JOANN QUACKENBUSH OSBORNE & RETTIG, P.C. BY: JEFFREY B. RETTIG 126 - 128 WALNUT STREET HARRISBURG, PENNSYLVANIA 17101 FOR - DEFENDANTS HOWARD SR. AND JR. SNYDER & DORER BY: JOANNE E. KINZEL 214 SENATE AVENUE SUITE 503 CAMP HILL, PENNSYLVANIA 17011 FOR - DEFENDANT ROBERT QUACKENBUSH VILLARI, BRANDES & KLINE, P.C. BY: RICHARD M. WIENER, ESQUIRE 8 TOWER BRIDGE SUITE 400 161 WASHINGTON STREET CONSHOHOCKEN, PENNSYLVANIA 19428 FOR - PLAINTIFF ROBERT QUACKENBUSH ALSO PRESENT: JOANN QUACKENBUSH 2 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 INDEX TO WITNESSES ROBERT QUACKENBUSH BY MR. RETTIG BY MR. IMLER PAGE 4 55 3 1 . 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 STIPULATION It is hereby stipulated by and between counsel for the respective parties that sealing, certification, and filing are hereby waived; and that all objections, except as to the form of the question, are reserved to the time of trial. ROBERT QUACKENBUSH, called as a witness, being duly sworn or affirmed, was examined and testified as follows: EXAMINATION BY MR. RETTIG: Q. Could you state your name, sir? A. Robert Quackenbush. Q. Okay. Mr. Quackenbush, my name is Jeff Rettig. I represent Ron Howard, Jr. and Ron Howard, Sr. in two litigations, one filed by you and one filed by your wife. I'm going to ask you some questions here for the next half hour, 45 minutes. Try to get -- try to let me finish my question before you answer A. Yes. Q. -- as best you can. When you do answer, try to give a verbal response rather than a shake or nod of the head. Fair enough? 4 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. Yes, ma'am -- or yes, sir. Q. You're probably a little bit nervous, but you can relax -- A. Yeah. Q. -- because it's simply a question-and-answer session. Please don't guess or speculate about an answer. If you know the answer, tell us. If you don't, just say you don't know. Fair enough? A. Yes, sir. Q. Okay. If at any point in time you want to take a break to talk to your counsel or you've just heard enough questions for the time being, let us know and we'll take a break. Fair enough? A. Yes, sir. Q. Okay. You were present throughout your wife's deposition, were you not? A. Yes. Q. Could I have your age and date of birth, please? A. 5th month, 17th day, '38. I'm 68 years old. Q. And you heard your wife's testimony about your marriage and you agree with all that, do you not? A. Yes, sir. Q. Tell me a little bit about your educational 5 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 background, sir. A. Well, I played sports. I went as far as 11th grade. Q. Did you complete the 11th grade? A. Yes. I was going into 12th, but I -- Q. Did you go ahead and get a GED afterwards? A. No. I should have but I didn't. Q. Okay. Any formal education after 11th grade? A. No, sir. Q. And did you work -- A. Yes. Q. -- most of your life? A. Yes. Q. What sort of work did you do? A. Well, I worked in a grocery store. Q. Doing what, sir? A. Stocking shelves and cleaning aisles and mopping and waxing floors and I was a bagger also there. Then I had a job with New Cumberland Army Depot. I was a forklift operator for quite a few years. Then I went to be a boss, superintendent. Q. At the Army Depot? A. Yes. New Cumberland. And then we had that job for 16 years, and then I went to Phillips Office 6 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 Supply. Q. Doing what, sir? A. Mainly -- well, loading trucks, unloading trucks, and doing furniture, you know, repairing furniture and stuff. And then I went -- that's for, I think, two years. Then I went to Coca Cola. Q. Doing what, sir? A. I was more or less working the assembly line. Q. Okay. A. And loading and unloading truck there too at Coca Cola. Then they got a better deal. They moved out of Pennsylvania and moved to Massachusetts. I had a chance to go but didn't because, you know. And then I went to -- let's see. Q. I don't -- I didn't mean to get in too much detail. A. Yeah. Q. What was the last job you had before you stopped working? Let's do that. A. Okay. The last job I had was at -- I'm trying to think -- oh, Camp Hill School. I was custodian. Q. Okay. A. I retired from there. 7 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 Q. Okay. A. Haven't done nothing since. Q. How long did you do that? A. About three years. Q. Okay. And when did you retire? A. That was September 30th. Q. Of what year? A. Three years ago would be what? MR. WIENER: 2003. A. Yeah. 2003. BY MR. RETTIG: Q. So you were retired at the time A. Yeah. Q. -- this accident happened? A. Oh, yeah. Or yes, sir, I mean. Q. And have you been a licensed driver in the Commonwealth of Pennsylvania for a lot of years? A. No. Q. How many years? A. I just got -- I just transferred my license from New York state into a Pennsylvania license. I got a Pennsylvania license. Q. When did you do that? A. After the accident. Q. So how long have you lived in Pennsylvania? 8 I • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. Well, since 165, 166. Q. And you had a New York license up until last year? A. Yes. Q. And why was that? A. Well, I planned on when I got my house paid for and things I was going to move back to New York. But things changed now. I can't do that because now of this. We had to get another car because of the accident and I got -- worked up until I retired. But my object was going back living in New York. Q. And is that why you kept a New York license from 1966 -- A. Well, I kept -- Q. -- up until last year? A. I kept going back up there on visits, you know, seeing the family and stuff, and mainly it just seemed like I was going to go back there to live -- Q. Any -- A. -- after my retiring days. Q. Any reason you kept a New York license rather than getting a Pennsylvania license, other than your intention to maybe go back to New York some day? 9 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. No. Not really. Q. None at all? A. (Shakes head from side to side.) Q. I need you to answer. A. Well, okay. I just kept my New York state license just in case I -- when I go back there, I wouldn't have to go through, you know, the whole procedure again and -- to live there. Q. Okay. Are you taking any medication? A. Yeah. I take one. Q. What do you do? A. I take Dilantin. Q. How long have you taken that for? A. For quite a while. Q. Can you -- is that years or months? A. Years. Q. Okay. Were you taking it at the time of the accident? A. Oh, yeah. Yeah. Q. Who prescribed Dilantin for you? A. My doctor up in New York state. Q. What's his name? A. He's -- well, he's dead right now. You know, he died. Q. Well, he still had a name, though. 10 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. Oh, I can't tell you now. It's been so long, you know. Q. Okay. Let me ask you this. Did you see that doctor at all after the accident in February of '04? A. Oh, no. No. Q. But he -- A. I still take the medicine, you know. Q. He still prescribes the medicine? A. He can't prescribe medicine, you know. Q. Who prescribes the Dilantin that you're taking now? A. Oh, Snoke does. Q. Oh, okay. A. Dr. Snoke, our family doctor. Q. I got you. And what condition is that for? A. Well, that is for hypertension. Slow me down a little bit, you know. Q. How often do you take it? A. Every day. Q. What time? A. I usually take it first thing in the morning. Now, it varies because of the time I get up. But I do take it with a glass of water every morning. I take one again in the afternoon and I 11 1 40 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 take one at night. Take three a day. Q. And do you recall if you took one the morning of February 24, 2004, the date of this accident? A. Yes, sir. I did. Q. Does that affect your ability to recall things? A. (Shakes head from side to side.) It's supposed to just slow me down. Q. So your answer would be no? A. The answer is going to be no. Q. Thank you. I think we heard from your wife that you and her have lived in West Fairview for a lot of years? A. Oh, yes. Yes, sir. Q. And you're a very -- are you very familiar with this intersection between Market Street and Route 11/15? A. Yes, I am, sir. Q. Do you know what the sequence of lights are at that intersection? A. Yes. Q. Could you tell me what they are? A. Red and green. Q. No yellow? 12 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 • 25 A. There's a light there for yellow, but I'm saying there's a red and green one. Q. Now you lost me there. A. Yeah. There's red and green. Q. Is there a yellow light as well? A. There's a place for a yellow light to be working, yes. Q. Okay. Does the yellow light work? A. (Shakes head from side to side.) Q. No? A. No. Q. Has it ever worked since -- in all the years that you've used that intersection? A. Well, I can't tell you about all the years I've lived there but the years, if you're going back like eight to ten years ago, I'd say I've seen it work red and green. Q. The last eight to ten years have you ever seen it sequence to yellow? A. No, sir. Q. And this is for traffic proceeding on Market Street approaching the intersection of 11/15? A. Yes, sir. Q. Sitting here today, do you have a recollection of driving your vehicle down Second 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 * 25 Street, turning right, proceeding on Market Street towards the intersection with 11/15 on the morning of this accident? A. Yes, sir. Q. Okay. Was there ever a point in time when you were having a problem recalling the facts of what happened? A. No. I was coming down Second Street. Q. You don't have a problem? A. No. Sorry. Q. Okay. Though I understand you did have some injuries to your head and sometimes that can affect one's ability to recall. Did it affect your ability to recall? A. No. The only thing you -- well, go ahead. Q. Well, did you answer that no? A. I said no. Q. Okay. Where was the car parked that morning? Was it on Third Street or on the alley? A. It was on Third Street. Q. Can you tell me the path of travel you took from Third Street to the intersection of Market Street and 11/15? A. Yeah. I went to -- from Third Street down to State Street, which went onto Second Street. Down 14 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 at the stop sign, I made the right-hand turn to go on Market St reet. Q. You turned right onto Second Street. Correct? A. I came down Third Street, onto State Street, and then made my turn onto Second Street. Q. That was a right-hand turn. Correct? A. Yeah. Right, sir. Q. And then Second Street took you down to the intersect ion with Market Street? A. Right, sir. Q. And there's a stop sign there? A. Yes. Q. Did you stop at the stop sign? A. I sure did. Q. And did you turn right there? A. Yes, sir. Q. And then you are proceeding on -- A. Market Street. Q. -- Market Street towards the intersec tion with 11/1 5. Correct? A. Yes, sir. Q. Did you see people standing on either side of Market Street as you were proceeding toward the intersect ion? 15 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. I seen people at the side, at the gas station. Q. Okay. At the UniMart I think you call it? A. Yeah. UniMart. Q. Do you know who any of those people are? A. I didn't recall who it was, you know. No, I didn't. Q. At any point in time as you were proceeding on Market Street approaching the intersection, did you observe the traffic light at that intersection? A. Yes, I did, sir Q. Where was your vehicle when you first observed the traffic light? A. When I first turned my right-hand turn, I always look up at the street light. The light was red. I proceeded slowly, getting to five, no more than ten miles an hour. As I approached the red light, the light turned green. But before -- Q. Were your -- A. But before I went out to 11 and 15 and the light changed, I looked up, you know the way, there was no cars coming down, no cars coming into Fairview, I proceeded because the light had turned green when I was going out of West Fairview. Q. And I apologize for interrupting you but 16 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 allow me to do so for a second. A. Okay, sir. Q. Did you see the light go from red to green? A. Yes, sir. Q. And I say that as -- as opposed to seeing that the light was red, looking somewhere else, looking up and then seeing, oh, now the light is green. My question to you is did you see the light go from red to green? A. Yes, sir. Can I explain something? MR. WIENER: You already answered the question. That's fine. THE WITNESS: Okay. BY MR. RETTIG: Q. Where was your vehicle when you saw the light change from red to green? A. I was up to where the line is. My wife gave the statement. Q. Okay. I'm going to show you what we previously marked as Exhibit 2 and it's a three-by-five photograph of the scene of the accident. Before we -- before we go on to it, do you know who took that photograph? A. No, I don't know. Q. Were you in the car when the photograph was 17 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 taken? MS. KINZEL: If you remember. Tell him if you remember or not. A. That's the day of the accident? I didn't -- BY MR. RETTIG: Q. Let's stop for a second. Your counsel just asked you -- A. I don't recall, you know. MR. WIENER: The question is, were you in the car when this picture was taken? If you know. THE WITNESS: Oh. MR. WIENER: If you don't know, it's okay to say you don't know. THE WITNESS: I don't know because I don't know who took the picture. MR. WIENER: Okay. THE WITNESS: I don't know. I don't know. BY MR. RETTIG: Q. Let me just give you another instruction. Don't answer a question unless you remember the answer. Okay? We don't want you to speculate or guess. So no one has to tell you to only answer if you remember, because I don't want to hear an answer from you unless you remember an answer and are prepared to give it. Fair enough? 18 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. Okay. Q. Now, my question to you A. Sorry, sir. Q. That's all right. I just want to make sure you understand the game rules here. My question to you is, do you know who took that picture? A. No, I don't. Not there. Q. Do you know when the picture was taken? A. No, I don't. Q. Okay. In that picture do you see a white line that seems to run -- A. I see that white line, yes, sir, I do. Q. Will you let me finish the question before you go. Do you see a white line that runs from the curb onto the roadway? A. Yes, sir, down here. Q. Okay. And what's your understanding of the purpose of that white line? A. Well, you're supposed to stop there when you have the red light. Q. Okay. And you were describing to me your recollection of what happened the morning of this incident, and I had asked you a question about where was your car when you saw the light go from red to green, and I think you made reference to a white 19 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 line, and that's why we got this picture. So let me ask you that question again. When you saw the light go from red to green in your direction of travel, where was your car with reference to where that white line is on the roadway? A. Well, that car had to be back behind that white line when that light changed. Q. Well, it didn't have to be anywhere. Do you have a recollection, sir, of where the car was -- where your car was when the light turned from red to green with reference to that white line? A. I'd say right on that line because -- Q. Okay. MR. WIENER: Are you answering based on what you see in the picture or what happened that morning? THE WITNESS: I'm basing on what I see of this picture. MR. WIENER: All right. THE WITNESS: But what I -- what -- MR. WIENER: Well, why don't we put the picture away now? THE WITNESS: Okay. MR. WIENER: All right. Let's BY MR. RETTIG: Q. I thought it might help you, but obviously 20 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 0 25 it didn't happen. Do you have a recollection, sitting here today, sir, of where your vehicle was positioned relative to the white line you told us about earlier when you saw the traffic light turn from red to green? My question is, do you have a recollection? A. Other than when I made that right-hand turn as I told you, I was proceeding off Market up onto 11/15. Q. I understood. A. The light changed before I got there. I was driving slow. In other words, to be -- whether the car was on that line or not, I can't tell you. Q. Okay. So you don't recall whether the car had reached that line, was beyond the line, or hadn't reached the line yet? A. It hadn't reached the line. Q. Okay. Now, in order to see the light change, you obviously were looking up. Correct? A. Yes. Looking to see the light. Q. At any point in time as you approached the intersection did you look to your left to see if there was any oncoming traffic on 11/15? A. I looked at -- I looked at the light. I looked at the cars coming down into town. There 21 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 wasn't any. I had the green light. As I was approaching 11 and 15, I had the green light. Q. Understood. But my question was, did you -- did you look to your left to see if there were any vehicles coming toward the intersection as you approached the intersection? A. I started like this with my head. Q. And like this, you're saying you maybe moved your head to your left a little bit? A. Yeah. Q. Okay. A. But I got hi t as soon as Q. Right. Did you see the car that hit you at all before impact? A. No. Q. And why were you looking for cars turning onto Third Street MR. WIENER: Objection to the form. A. Objection. Onto Third Street? MS. KINZEL: Third Street? A. I didn't say -- I told you what happened. MR. WIENER: Wait. A. I came down Second. MR. WIENER: You don't have to answer that question. I'm not su re I understand the question. 22 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. I don't understand it. BY MR. RETTIG: Q. Immediately in front of the yellow line there's a road that goes off -- I'm sorry. Immediately in front of the white line there's a road that goes off to the right, isn't there? And you can look at the picture if that will help your recollection. A. The reason why I looked at the right was because you have many people coming down from 11/15. Q. Looking at this picture -- A. Yes. Q. -- is there a road that goes off to the right immediate -- A. Oh, yeah. On the back side there, yes. Q. Just let me finish the question. Is there a road that goes off to the right immediately after you pass that white line? A. Yes. Q. What road is that called? A. There's a road called Biddle. Q. Okay. And is there a road called Third Street there also? A. Yeah. Q. Okay. So you have -- 23 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. Above that. Q. Okay. So you have to -- A. That's the main road going into town. Q. So there's two roads to your right before you get -- A. Yes, sir. Q. -- to 11/15? MR. WIENER: Let him finish. Off the record. (Discussion held off the record.) BY MR. RETTIG: Q. Let's clarify that with you because I had it wrong. Sir, immediately after the white line that we've talked about -- A. Yes, sir. Q. -- on Market Street, there's a road that goes off to the right that is not 11/15, maybe it's called Biddle Street. Are you aware of that? A. That's the one I was just telling you about. Biddle. There's a Biddle one. Q. Okay. It's -- A. It's real small. It's the very first one you see. Q. All right. A. And then the other one is Third Street. 24 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 Q. And is Third Street also called 11/15? A. It's close to 11 and 15 Highway. Q. But it's not the same as 11/15, is it? A. No. It's separate. Q. Okay. That's what I thought. MR. WIENER: Sorry. MR. RETTIG: That's all right. A. No. BY MR. RETTIG: Q. Sir, it's your recollection sitting here today that if you were stopped at that white line on Market Street facing the intersection of 11/15 -- stay with me here, sir, if you will -- there are two (roads that go off to your right before you get to 11/15? Is that your recollection? MS. KINZEL: Can we stop for a second? MR. RETTIG: Wait. Just answer this and then we'll stop. A. There's that Third Street. Next to 11 and 15 and then there's another one called Biddle, which is the parking lot if I'm not mistaken. MS. KINZEL: Off the record. (Discussion held off the record.) MR. RETTIG: Sir -- can we go back on the record now? 25 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 MS. KINZEL: I'm sorry. BY MR. RETTIG: Q. Sir, was there any reason to be on the lookout for traffic coming into either Third Street or Biddle Street as you were proceeding into the intersection? A. As you're coming in -- I made the right-hand turn at the stop sign from Second to Market and from Market up I was driving slow and I proceeded to drive slow. At that line that you're talking about, the light had changed to green at that line. Q. Okay. A. I proceeded then and as soon as I proceeded to go onto 11 and 15 is when I got nailed that quick. Q. Was there any reason, sir, for you to be looking to your right as you approached the intersection? i A. You're -- no. Q. Okay. Is that the direction you were looking in as you approached the intersection? Were you looking to your right? A. No, sir. I was looking -- when the light changed, I proceeded. The reason why you always look to the right, because mainly that traffic is moving 26 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 and they go through, quite a few times, the red light there. Q. You've seen that happen? A. (Sound.) Q. Is that a question? A. Well, yes. Q. And the traffic you're talking about is southbound traffic on 11/15? A. They're going -- they're coming down south, yeah. MR. WIENER: Indicating from your right. THE WITNESS: Yeah. From my right. BY MR. RETTIG: Q. Had you ever seen traffic go through the red light g oing north on 11/15? A. Oh, yes. Q. Were you on the lookout for that, too? A. Try to look both ways. I looked both ways on this -- this day y ou're talking about, yes, I did. Q. What did you see when you looked to your left? A. I told you I beared to my left and, boom, that's when he nailed me. Q. Okay. Did y ou look to your left before you beared to your left t hat you recall? 27 1 . 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. No. Because I had the green light. Why should I? Q. Understood. That's fine. What was the speed of your vehicle -- A. I -- Q. -- as you approached the -- you told me what it was before, but did it stay the same? A. Maybe ten miles an hour -- Q. Did you ever apply -- A. -- when I proceeded out onto it. Q. Did you ever apply your brakes as you were proceeding along Market Street approaching the intersection? A. I wasn't going that fast to apply my brakes. Q. So what would your answer to that question be then? A. I'm just telling you. I was going slow. Q. Understood. Did you ever apply your brakes that morning as you approached the intersection? A. No. Because the light had changed green. Q. Okay. Do you recall giving a recorded statement in this case to someone from an insurance company? A. Yes. Q. Have you reviewed that statement since you 28 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 agave it? A. I think -- I'm just trying to think whether I did or not. Yes, I did. Q. When did you last review it, sir? A. A couple days ago or something. Q. Okay. Do you recall seeing anything in the statement that suggested to you that they hadn't properly or accurately transcribed what you said in the recording? A. I can't think right now and figure out what. Q. When you reviewed it a couple days -- A. Well -- Q. -- did you see something that was, well, I didn't say that or anything along those lines? A. Not that I recall. Q. Okay. The question and answer I want to ask you a question about, sir, is on Page 3 of your statement. Let me just read it and then I'm going to ask you to explain it to me. You were asked a question: Okay. All right. And as you approached the traffic light, what color is the traffic light on Market? And the answer they have for you is it was just getting ready to turn green as you walk up in -- do you have that copy with you where it says unit two? 29 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 So my question is what did you -- if you said it or did you say that in answer as far as you recall? A. She made the mistake when she made this copy. Q. Could you answer my question? Did you make that st atement though, si r, do you recall? MS. KINZEL: He was trying to explain. A. I was trying to explain to the person that I was tal king to. BY MR. RETTIG: Q. But did you make the statement I just read to you, it was just getti ng ready to turn green as you wal k up in? Maybe yo u don't recall saying that. A. Not that -- Q. Okay. MR. IMLER: What page are you on? MR. WIENER: It' s the third page. MR. RETTIG: It' s the third page. BY MR. RETTIG: Q. What do you mean by it was just getting ready t o turn green? A. The light could have -- no. The light. MR. WIENER: If you don't remember, Bob. A. I don't remember that. I don't remember it, 30 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 no. BY MR. RETTIG: Q. But is there some sort of a signal on that traffic control signal that tells you when it's just about to turn green? A. Nope. Q. Is there some way that you can see what the traffic signal is for traffic on 11 and 15 and figure out from that whether the light for Market Street is going to turn green? A. No, sir. Q. Okay. What injuries -- strike that. When the impact occurred -- A. Yes, sir. Q. -- did you have your seat belt on? A. I don't recall. Q. Okay. Do you recall part of your body coming in contact with any part of the vehicle as a result of the impact to your side of the car? A. No, sir. I don't. Q. Did the air bag deploy? A. It deployed. Q. Okay. Do you recall getting smacked in the face by the air bag? A. No. 31 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 Q. Okay. Do you have a recollection -- what do you first recall after the accident occurred? A. Well, my first thing was when I got hit I got knocked out. When I came to, my first thing I said, what happened, to my wife. Q. Okay. A. She said that red car hit us. Q. Okay. A. And I said, are you all right? She said, I think so. Q. Okay. A. And then I must dozed off again, you know. Q. Okay. What do you recall then after the second period? A. Then the next time I said -- she said, well, how are you? I said, my back hurts. Q. Where -- where was your back hurting at that point? A. It was -- well, where I was sitting between the -- on the seat, because we got them bucket seats, you know, and I couldn't move either way and the reason why I couldn't move either way was the impact on the doors was up tight against my seat. Q. So the driver's side door, the door you would use to get in and out -- 32 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. Yes. Q. -- was pushed up -- A. Yes. Q. -- and wedged you up again the console? A. Well, it was wedged a little tighter than this. I mean the seat didn't come loose or anything like that. Q. But you couldn't -- A. I couldn't. Q. Couldn't open the door and get out? A. You're right. I couldn't. Q. My question was, where was your back hurting you? A. It was down -- it was down in here. Q. Was it on your left side or your right side? A. It was on my left. Q. Okay. Were you bleeding at all? A. No. No. Q. Was your wife bleeding at all? A. Well, she -- the nose a little bit. Q. Okay. A. Her eyes looked bad. Q. Who do you recall being the first person that came to the -- to the car after the accident occurred? 33 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 0 25 A. I never seen who came to the car. I heard voices. The only voices I heard was some lady, which in part icula r I'm thinking it might have been -- you know, o ther than my wife and I, outside I heard a lady ta lk, a nd that was all. Q. Any idea who she was? A. I'm just surmising it might have been the patrol lady, cop. Q. Did you see Ron Howard, Jr. -- A. No, I did not. Q. -- at the scene? A. No, I did not. Q. Do you recall hearing him say anything? A. No. Q. Do you recall your wife -- A. I d idn't -- I'm sorry. Q. Go ahead. A. I'm sorry. Q. Do you recall your wife saying anything to I him? A. I don't recall. Q. Your wife -- and I think you heard her testimony -- identified perhaps a fireman, or somebody, another male that was at the scene. Do you have any recollection of that person? 34 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. No, sir, I don't. Q. And did you speak with the police officer? A. No, I didn't, sir. Q. And were you -- do you recall anything you said at the accident scene other than what you already told me about your discussion with your wife? A. No. I don't recall anything that happened. Q. Do you recall being extricated from -- A. No, sir. Q. -- or removed -- A. No, sir. Q. What's the next thing you do remember then? A. I remember when the -- the ambulance people, the paramedics, came to the -- our car and they said, we're trying to get you out of your vehicle. You're going to go to Holy Spirit Hospital. That's -- that's all I remember, about going to, you know, Holy Spirit Hospital. Q. And what do you recall happening at Holy Spirit Hospital? A. Well, they said I had a cracked pelvis, plus my gallbladder moved from one side to the other, and the air bag, you know, what do you call it, like packed your heart or, you know -- what's the word you should use? You know, I mean the air bag, when it 35 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 0 25 came out, it just got me right in here. Q. Okay. A. But it done something to my heart. That's, you know. Q. And do you recall whether you were feeling any pain or discomfort when you got to the emergency room? A. I can't remember if they took me to the emergency room or not. All I know is when I -- when I woke up, I was in the hospital bed in a room. You know what I mean? Q. Okay. Do you recall how you were feeling at that point in time when you -- A. Oh, yeah. I certainly felt it down here where the cracked pelvis was. Q. Where was that? A. Right down here on this side, the left side. Q. The left side? A. Yeah. Q. And do you recall having any conversation with any of the people in the hospital about how the accident occurred? A. I don't recall, sir. Q. There's an entry in the Holy Spirit -- A. Yeah. 36 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 Q. -- Hospital history and physical record that talks about history of present illness, and it states this is a 65-year-old male who was sitting at a red light with his wife. When the light turned green he started to proceed through the intersection and his car was struck broadside by another vehicle on the driver's side. Did you tell the people at the hospital that you were sitting at a red light and then when the light turned green you started to proceed through the intersection? A. Repeat that again. Q. Just read that highlighted part I have up there and I'm just trying to find out if you told them about sitting at a red light. THE WITNESS: Yeah. Yeah. MR. WIENER: He just wants to know if you remember saying that. A. I -- I don't remember saying that, just like I said. MR. WIENER: Okay. BY MR. RETTIG: Q. Okay. Is that accurate, what's stated there? A. Yeah. Yeah. What it says there, yes. 37 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 Q. Were you sitting at a red light before the light turned green? A. The light turned green when I was proceeding. Q. How long were you in the -- A. Four days. Q. -- the hospital? A. And nights. Q. Okay. And did they perform any operations on you while you were there? A. No. No operations, no AN UNIDENTIFIED WOMAN: Excuse me. Ron Howard is here. MR. RETTIG: Okay. MR. IMLER: It's up to you if you want him in or not. MR. RETTIG: I'll go ask him if he wants to come in. His dad is out there and he did not want to come in. So I don't care. BY MR. RETTIG: Q. Excuse me just for a second. A. Yes, sir. (Brief recess.) MR. RETTIG: He's going to keep his dad company. 38 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 BY MR. RETTIG: Q. Do you have a recollection of what they did do for you while you were at Holy Spirit Hospital for those four days? A. Well, they kept me in there for the pelvis and mainly that, because I couldn't walk, you know. Q. Okay. A. They give me -- I don't know what they were for; I guess pain -- a white pill. And I had emphysema. But that was for the -- they had me in one of those air-conditioned rooms for -- that they have for like, say, a gas room, but they came during the night and wanted me to switch rooms because they needed that room. Q. Okay. A. For the accident part, no. Q. But when you were discharged from Holy Spirit Hospital -- A. Yeah. Q. -- were you able to walk at that point? A. I was in a wheelchair. Q. Okay. When -- when were you first able to walk after you were discharged from Holy Spirit Hospital, with the aid of a walker or whatever? A. Yeah. Well, I had to go home. We got 39 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 home. At the house, we -- our bath rooms and everything is upstairs. So I had to get a hospital bed. I had to get a bedpan. My wife had to wash me. Q. Okay. A. Because I couldn't go upstairs to take showers or nothing. Q. How long did that last? A. Oh, months. Q. Pardon? A. Months. Q. Okay. A. And then I went to my doctor's, Dr. Snoke, and he gave me the same thing that he recognized -- or for her, a prescription, was that pad, you know, because of the back. And that helped for pain some. And then I was on that walker for quite a while, and then I got on a cane. I bought a cane. Q. Okay. A. And I was using that for a while. And then when the pain started feeling fairly good, then I switched off. He told me to go walk on the cane. Well, I could do so much of that for so long and then all of a sudden I had to go back on the walker because, you know, the pain and stuff. Q. You heard your wife talk about this log that 40 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 she maintained. Have you ever reviewed that? A. I haven't reviewed it, but I know she has a log, yes. Q. Are there entries in that log that tell us about how you're doing as well as how she's doing? A. Yes, sir. Q. So might we expect to find in that log some indication of when you were starting to be able to walk on your own? A. Yes, sir. Q. Would you agree A. Yes, sir. Q. -- that the log is probably more accurate than your probably sitting here -- A. Yes, sir. Q. After you were discharged from the hospital, did you go to see Dr. Snoke for follow-up care? A. Yes, sir. Q. Did you see any physician, other than Dr. Snoke, for follow-up care for the injuries you received in the accident? A. Just Dr. Snoke. Q. Okay. Dr. Snoke's record indicates when he saw you on March 4 of 2004, which is about maybe almost three weeks after the accident, his note 41 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 indicated that you were -- you still had pelvic pain. A. Yes. Q. You were using a wheeled walker. Is that -- A. Yeah. That's -- in other words, it's got like two legs, four -- and two in the back. It's got wheels on the back and on the front it's got the pegs like. So -- when you're walking, you can slide it along. Q. Okay. A. But at the time I picked it up, because each time you had to pick it up, till finally he said, well, you can buy feet for that. So he told me where to go to get the feet. So I get the feet for it. Q. Okay. A. And you slide. Then you could walk by sliding it and stuff. Q. And I misspoke. I said March 4th was three weeks after you got out of the hospital. It's actually closer to a week or ten days maybe. Does it seem right to you that you were using a wheeled walker that -- within a week or ten days after getting out of the hospital? A. Well, I was home mostly in the house. I didn't go anywhere. 42 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 Q. When you went to see Dr. Snoke on March 4th, 2004, were you using a wheeled walker at that time, if you remember? A. Yes. Offhand, yes. Q. Okay. And were you still experiencing pain in your pelvic area? A. Yes. Q. Dr. Snoke's records indicate that you returned to see him a second time after you got out of the hospital and that was on March the 15th of 2004. Do you recall a second visit with Dr. Snoke? A. Yes. Q. And do you recall whether at that point in time you were using -- using a walker as well? A. Yes. I've used a walker. Q. And were you able to climb stairs at that time? A. No. No, sir. Q. Okay. Do you know when you next went to see Dr. Snoke after that March 15, 2004 visit? A. Well, usually -- usually he tries to keep appointments and things like a month, a month apart, you know. Or whenever he has free spots to take you. Q. Did you generally see him on a -- on a monthly basis? 43 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. Yeah. That's -- a month or every two months or something like that, yes. Q. And did there come a point in time when Dr. Snoke said you're all better or discharged you from his care as far as -- as far as your pelvic injury was concerned? A. Well, he asked me -- I can't remember when, what date -- how I was feeling. I said, well, I still have pain down there. And I said -- he said, well, that's going to take awhile before that heals. It takes six to eight months. And he was wrong on his six month's deal because I still had pain there. And -- Q. Well, do you know when you stopped having pain there? A. No. Q. Well, if you do. Maybe you haven't stopped having pain there. A. Not officially stopped, no. I mean -- Q. Do you still have pain there? A. Once in a while, yes. Q. Okay. A. If I go out and do some work. I mean you got to do your lawn care and stuff. Q. Do you recall when Dr. Snoke discharged you 44 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 from his care for motor vehicle related injuries? A. No. But I'm quite sure we probably have it in our book at home, which will probably be supplied to you since you want it. Q. All right. I have a note -- and, again, it's not always accurate -- that on September 7th -- A. Yeah. Q. -- of 2004 Dr. Snoke made an entry that the pelvic pain finally resolved, that is, finally resolved and you were discharged from his care for the motor vehicle accident at that point in time. Does that seem right or -- that's about seven months after the accident but does that seem about right to you? A. It could be, yeah. Q. Have you had any treatment since September 7th, 2004 for any complaints that you -- A. No. Q. -- attribute to the automobile accident? A. No, sir. Q. But you have had continued visits to Dr. Snoke -- A. Yes. Q. -- for other issues. Correct? A. Yes, sir. 45 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 0 25 Q. Now, you're saying -- you still have any discomfort, problems that you associate with the injuries you had in the automobile accident? A. For the pelvis, yes. Q. Okay. Tell me what the pelvis problem is Ilike now. A. Well, if you go out, like I'm telling you, you go out, you mow the lawn, you weed your garden out, because you're down on your knees and stuff, and you're walking and mowing your lawn, the next day I'll feel a little pain there. Q. On the left side? A. In the pelvis, yeah. Q. Okay. And what do you do when you feel that little pain there? A. Well, if I feel pain there, I go in and sit down in the house and -- Q. Have you sought any -- A. Till it eases, a couple days. I don't go to the doctor's, no. Q. Have you sought any medical attention or treatment for that situation? A. No. Q. If you're not mowing the lawn that day, let's say you're just -- 46 1 . 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 A. Well -- Q. -- giving a deposition or something like that, do you still have pain in your pelvic area? A. Sometimes. But not very often. Sometimes I do, yes. Q. Do you have it now? A. A little bit today, yes. Q. What brings it on, do you know? A. No. Q. Did you ever have any pain in that area before this accident? A. No, sir. Q. Anything else that you're currently experiencing that you attribute to the injuries you sustained in the accident? A. That's all I can say, is my pelvis down there. That's all. Q. And other than being seen by the EMT's at the scene of the accident, being at -- being at the Holy Spirit Hospital for four days, and then seeing Dr. Snoke for some visits after you got out of the hospital, have you seen any other health care provider for any problems that you associate with the happening of this accident? A. No. I just go to Snoke for my regular 47 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 checkup, you know, yearly checkup and stuff like that. He always checks me, your blood pressure and stuff like that. Just regular visits. Q. When were you able to resume driving after you got out of the hospital? A. Oh, when I was able to drive, it was about -- every time -- well, when I got to where I could basically use my walker when I would go out to the car, I'd get in, sit down, unfasten your seat -- driver's seat, sit down first and bring this leg in and then there's my left leg. When I went to pull it up, it hurt, but, you know, I got in and after I got in I was all right. So that's the only driving we done after the accident. Q. When were you first able to do what you just described to me after the accident? A. Give or take, I -- about six months. Q. Six months. Okay. And how did you -- who drove during those six months when you weren't able to drive? A. We had our son and -- go after stuff that we needed, you know. Q. Who drove you to, like, your doctor's appointments? A. I used my walker to go out in the car and 48 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 0 25 sit down, and, you know, to drive to the doctor. Q. Who drove the car to the doctor's appointments? A. I could drive. Q. Did you drive your car? A. To the doctor's, yes. Q. Okay. Did your wife ever drive you to the doctor's? A. No. Q. The car that was involved in the accident wasn't repaired. Correct? A. No. It wasn't, sir. Q. And did you and your wife then buy another I car? A. Yes. We had to. Q. And how many cars did you have when you bought -- when you replaced the car that was injured -- or damaged in this accident? A. We bought just this car we're driving now after that accident. Q. How many cars did you have at the time of the accident? A. We had -- we got a pickup truck. That's all. Nobody drove that. Q. So you had a pickup truck and a car. Right? 49 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 0 25 A. Yeah. Right. Q. After the accident, did you still have a pickup truck and then a different car? A. We had -- we had to get a rental car. We had to pay for a rental car. Q. Okay. But then you replaced the car that was damaged in the accident. Correct? A. Yes. The one we're driving now. Q. And do you have a pickup truck and that car I now? A. Yes, sir. Q. Both are registered and insured, are they? A. Yeah. They sure are. Q. And you can drive the pickup truck, can you not? A. Yeah. Q. I had asked you some questions about your memory and your ability to recall things in light of what you went through in the accident. And I want to just show you something that's in the hospital record and see if -- see if this helps you. I'm looking at Page 1 of 3 in the Holy Spirit emergency room report. Make sure this is you. A. Yeah. Q. It has to do with you, sir. And there's a 50 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 40 25 reference. It says the nurse's notes and the squad notes have been reviewed. In general the patient is an adult male who is alert and oriented. He responds to questions appropriately. He remembers trying to turn at the light but does not remember exactly how the accident occurred. Do you recall telling the people in the emergency room that? A. No, sir, I don't. I don't recall that. Q. Okay. Did you have your windshield wipers on at the -- at the -- as you approached the intersection of 11/15 the morning of this accident? A. I turned them on at the house to get the excessive -- the little light snow that was on the windshield. Q. Okay. A. And once -- once you turn them on, it's at that low speed, if you know what I'm talking about. Q. I think I do. A. Okay. They was on -- they shut off for a couple seconds, then they come back on. We got down there and -- I got down there to the stop sign and I turned them off. Q. Which stop sign? The one at Second and Market? 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 * 25 A. Second and Market, yeah. Q. Okay. You turned the lights -- A. The lights don't go off. Q. You turned the wipers off entirely at that time? When you're at Second and Market Street at the stop sign, did you say you turned the wipers off? A. Yeah. Q. And did you leave them off from there up until the point in time you had the accident? A. Yeah. Yeah. It wasn't snowing, you know, light snowing or anything. Q. It was or it was not? A. Was not. Q. Okay. So you turned them on when you got into the car because there was a light coating of snow on your windshield? A. Yeah. On the windshield, yeah. Q. And then you put them on intermittent -- A. Yeah. Q. -- where the wipers only went every couple seconds? A. Yeah. Q. Then you go to the intersection of Second Street and Market Street and turned them off altogether at that time? 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 A. That's because I -- Q. You turned them off altogether at that time. Right? A. Yes, sir. Q. The bills that you have incurred for your treatment -- A. Yes. Q. -- as a result of this accident, do you know who has paid those bills? A. Well, I think the insurance -- car insurance people paid for everything except my heart doctor. I had to pay him myself, which was three hundred seventy some dollars and some cents. Q. Do you know why the car insurance people didn't pay for your heart doctor? A. No, I don't -- Q. Okay. A. -- know why. Q. And why did you go see the heart doctor? A. I didn't. The heart doctor was up there at the hospital. Q Oh. A. Because of that air bag hitting me in the heart. Q. So when you were -- when you were 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 * 25 hospitalized a couple days after the accident, you ended up seeing a heart doctor, he charged three hundred and some odd dollars and you had to pay that yourself? A. What happened was, the doctor came to the hospital apparently. Because I did not go down to his office. They billed me from his office for $370 for him I guess going up there to check on me. Q. Okay. And you paid that out of your pocket? A. Yeah, I sure did. Q. Okay. Anything else you paid out of your pocket as far as treatment for the injuries you sustained in the accident? A. I think that was the only one, wasn't it? Yeah. That was the only one. Three hundred seventy dollars and seventy some cents. Q. Okay. Are you under any restrictions in your activities now because of the condition of your -- of your pelvic bone? A. Well, not really. Other than the -- I'll probably guess I'll always have that. I don't know. Because of the pelvis being cracked. I don't know how long it's going to take to heal or nothing, you know. Just when I do, you know, it hurts a little 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 * 25 bit this morning when I got up, you know. You know, because a couple days ago I was out mowing my lawn and stuff like that, weeding, you know. Q. You can do all that but you have some discomfort afterwards? A. Yes. So for two or three days I don't do anything till I feel better. Q. Has any doctor ever diagnosed you with arthritis? A. No. Q. Do you know if you have arthritis? A. I don't know. I don't know if I do or not, I sir. Q. Those are all the questions I have. Thank I you. A. Thank you. EXAMINATION BY MR. IMLER: Q. I just have a few follow-up questions for you. We were discussing -- there was some questions asked about this intersection and some streets. As you're approaching 11/15 from Market Street, there's two streets to your right right past the inn? A. Right. Q. And one of them is Biddle? 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 * 25 A. Yeah. Q. And one of them is Third? A. Right. Q. Okay. Are either one of those two one-way streets? A. Yes. Q. Which one or both? A. Well, they're both one-way streets. Q. Okay. And would -- as you were approaching the intersection with 11/15 on Market -- A. Yes. Q. -- is it possible for you to make a right-hand turn there on either one of those two streets? A. Oh, yes. Yes. You can. Q. But no one can come from the other direction and approach Market Street on Biddle or Third? A. Right. Q. Okay. I just wanted to make sure I was clear on that. So as you're approaching the intersection of 11/15, if you look to your right, you're not going to expect to see any cars coming in your direction on either Biddle or Third? A. Right. Q. Because that's a one-way street, both of 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 * 25 them are one-way streets -- A. Right. Q. -- going the other way? A. Yes. Q. Okay. That's all the questions I have for you. MR. WIENER: Nothing from me. MS. KINZEL: We will read and sign. (The proceedings concluded at 12:57 p.m.) 57 1 COUNTY OF LANCASTER 2 SS ?. COMMONWEALTH OF PENNSYLVANIA: 3 I, Brenda S. Hamilton, a Notary Public, 4 authorized to administer oaths within and for the 5 Commonwealth of Pennsylvania, do hereby certify that 6 the foregoing is the testimony of Robert Quackenbush. 7 I further certify that before the taking of 8 said deposition, the above witness was duly sworn, 9 that the questions and answers were taken down 10 stenographically by the said Reporter-Notary Public, 11 approved and agreed to, and afterwards reduced to 12 print by means of computer-aided transcription under 13 the direct supervision of the said Reporter. 14 I further certify that I am not a relative 15 or employee or attorney to any of the parties, and am 16 not financially interested, directly or indirectly, 17 in this action. 18 I further certify that the said deposition 19 constitutes a true and correct record of the 20 testimony given by the said witness. 21 In testimony whereof, I have hereunto 22 C subscribed my hand thiso(O -day of-? _ 2006. 23 ???TTT 24 Brenda S. Hamilton, RPR Reporter-Notary Public 25 My Commission Expires: May 27, 2007 Commonwealth of Pennsylvania SEAL FBRENDA S. HAMILTON, Notary Public Lititz, Lancaster County, PA ommission Expires May 27, 2007 e 0 1 STATE OF ) SS. 2 COUNTY OF ) 3 4 5 6 7 I, the undersigned, declare under penalty 8 of perjury that I have read the foregoing transcript, 9 and I have made any corrections, additions or 10 deletions that I was desirous of making; that the 11 foregoing is a true and correct transcript of 12 my testimony contained therein. 13 EXECUTED this day of 14 at (State) ROBERT QUACKENBUSH 21 Subscribed and sworn before me 22 this day of , 23 24 Notary Public in and for 25 said County and State (City) 15 16 17 18 19 20 W C-) LUZ) M l1 CO 4 N 1 ROBERT L. QUACKENBUSH, Plaintiff VS. RONALD L. HOWARD, JR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-1096 CIVIL JURY TRIAL DEMANDED VERDICT QUESTION 1: Do you find that the defendant, Ronald L. Howard, Jr., was negligent? Yes No X If you answer Question 1 "Yes," proceed to Question 2. If you answer Question 1 "No," the plaintiff, Robert L. Quackenbush, cannot recover and you should not answer any further questions and should return to the courtroom. QUESTION 2: Was the negligence of the defendant, Ronald L. Howard, Jr., a factual cause of any harm to the plaintiff, Robert L. Quackenbush? Yes No If you answer Question 2 "Yes," proceed to Question 3. If you answer Question 2 "No," the plaintiff, Robert L. Quackenbush, cannot recover and you should not answer any further questions and should return to the courtroom. QUESTION 3: Was the plaintiff, Robert L. Quackenbush, contributorily negligent? Yes No If you answer Question 3 "Yes," proceed to Question 4. If you answer Question 3 "No," proceed to Question 6. QUESTION 4: Was the contributory negligence of the plaintiff, Robert L. Quackenbush, a factual cause of any harm to him? Yes No If you answer Question 4 "Yes," proceed to Question 5. If you answer Question 4 "No," proceed to Question 6. QUESTION 5: Taking the combined negligence that was a factual cause of any harm to the plaintiff, Robert L. Quachenbush, as 100%, what percentage of that causal negligence was attributable to the defendant, Ronald L. Howard, Jr., and what percentage was attributable to Mr. Quackenbush? r 4 Percentage of causal negligence attributable to defendant, Ronald L. Howard, Jr.: % Percentage of causal negligence attributable to plaintiff, Robert L. Quackenbush: % TOTAL 100 % If you have found the causal negligence of the plaintiff, Robert L. Quackenbush, to be greater than 50%, Mr. Quackenbush cannot recover and you should not answer any further questions and should return to the courtroom. Otherwise, proceed to Question 6. QUESTION 6: State the amount of damages sustained by plaintiff, Robert L. Quackenbush, as a result of the February 24, 2004 accident. Past non-economic loss (pain and suffering, embarrassment and humiliation, and loss of enjoyment of life): $ Please have the Foreperson sign and date this Verdict Slip. The jury should then return to the courtroom to make its verdict known. n Date: ? Foreperson: a?-?vg40 .A • t r?-LC??. A0 /uw ?- OK ? 0 t o Z ?7 h hQ s,"^/°?` .rid h---- - CASE NO.:? COURTROOM NO.: ?_ Quw cohhuab VS t +Oward DOCKET NO.: 0b f iAb DATE: 02 O Juror # Name Random No. I 23 NYE, CRAIG -2084949654 2 26 BYERS, KRISTEN M. -1685004888 3 34 ROTZ, RONDA L. -1583618423 MAT A R 7 J(}aj A 1 d ?od?nd ?,7 D 2 , r ?_ - 5 10 LEWIS, HARRY -1321167790 6 3 COMMINGS, RICHARD ALLEN -1281320316 127 FALCONER, LORI ANN -1178006251 l 9 36 LEWELLEN, RONALD B. -1062915105 10 - 6 11 49 HAULMAN, DEBORAH A. -882817618 12 117 HEINAMAN, JAMES E. -677012326 13 120 RADCZENKO, KATHY -559874984 n + C) l 15 128 MINES-HALL, MEGAN EVE ' -430429518 ?? 1 (?-- _ T A 1?TFT( HT, DFBC?T? A K ,C 1 d?n1 Q7 I ? 21 HOLLEN, JOHN A 81615277 20 15 STEVENS, RICHARD 539508094 21 121 WELDON, BRIAN 587426681 NIE D?? 2 . 45 SCHELL, JAMIE ?4 12 WISE, JOHN E. 2 5 35 WEIDNER, SCOTT 26 MARSTON (SMITH), GEORGIA LEE 27 25 ---HQRLEY, DARLENE '18 134 PODO , ALEX 20 132 COOK, DANNh R 30 14 SMOLINSKI, JOSEPH i 43 HUSSONG, ALPHEUS 32- 125 RHODES, ROBERT K. 3.3 39 HORN, RONALD -'4 118 GAUL, E BETH H 123 , THEODORE B. 36 WRIGHT, JOHN Monday, Fe ary 04, 2008 655428993 672906859 784768022 936510247 1040422960 1070995089 1085223808 1207525860 1457023362 1464787731 160 647 1b72814959 Page 1 of 2 Motor Vew* AC'.eialet??'` Juror # 60 38 131 39 52 40 122_ Monday, February 04, 2008 Name HOUP, KENNETH THOMAS R. KYLER, C DA CK,AMANDA 1702698909 1717267787 1953143692 2070452806 Page 2 of 2 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 ibr@jdsw.com Attorneys for Defendant Ronald Howard, Jr. ROBERT QUACKENBUSH, Plaintiff V. RONALD L. HOWARD, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1096 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT AFTER VERDICT TO THE PROTHONOTARY: Kindly enter judgment in favor of the defendant and against the plaintiff on the verdict of the jury, as no timely post-trial motions have been filed. DNER Judgment entered pursuant to jury verdict in favor of defendant and against plaintiff. Dated: 3k9lo8 By: oth a CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing PRAECIPE TO ENTER JUDGMENT AFTER VERDICT 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 February, 2008: Richard M. Wiener, Esquire Villari, Brandes & Kline PC 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 JOHN§4W, DUFFIE, ST?,WART & WEIDNER By: B. Rettig, Esq 323806 q y?' 13