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Home My WebLink About00-04993 In::Me." F:\Fll.BS\DATAFll.E\Gendoc.cur\9901_COM l/tde Created: 06113/00 10: 12:44 AM Revised: 07/13/00 08:45:55 AM 9901.1 THOMAS P. CEKOVSKY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2000- -</CRJ CIVIL ACTION - LAW BERNARD BAKER, Defendant JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , ~ C"., , . ~-- " -'~O.' F:\FILES\DATAFILE\Gendoc.cur\9901-COM.l Created: 06/13/00 10:15:30 AM Revised: 07/13f0008:46:2SAM THOMAS P. CEKOVSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.2000- L!9<J.;J CIVIL ACTION - LAW BERNARD BAKER, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Thomas P. Cekovsky, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows: 1. Plaintiffis Thomas P. Cekovsky, an adult individual with a mailing address of P.O. Box 344, Indiana, Pennsylvania 15701. 2. Defendant is Bernard Baker, an adult individual residing at 397 Center Street, Enhaut, Dauphin County, Pennsylvania 17113. 3. On June 22, 1999, at about 1:50 p.m., a 1994 Dodge Ram pickup operated by Defendant collided with the Plaintiff while a pedestrian, pinning the Plaintiff against the side of his car. This collision occurred in a temporary parking lot at the State Correctional Institution, 2500 Lisburn Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. 4. This collision was due solely to the negligence and/or carelessness of the Defendant in failing to observe the point and position of Plaintiff and operating his vehicle without due care for the safety of pedestrians. 5. The said collision caused injury to the Plaintiff for which he continues to treat, which has not yet been fully diagnosed and which is believed to be permanent in nature. As a result of said injury, Plaintiff has suffered, and continues to suffer pain and disability for which Plaintiff has received, and continues to receive medical treatment. 6. As a result of the said injury, Plaintiff has suffered, or may suffer, a loss of earnings and earning capacity. 7. As a result of the said injury, Plaintiff has incurred medical and other health care expenses. 8. On the date of the said collision, Plaintiff had elected the full tort option under his personal auto insurance policy. , ' -"",.. - '~ ~~, ' '1"1 WHEREFORE, Plaintiff demands judgment against the Defendant for pain, suffering, and loss of life's pleasure, as well as reimbursement for present and future work loss and medical expenses, together with costs. MARTSON DEARDORFF WILLIAMS & OTTO By '1~ I f/vJt~ Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 17, 2000 i r l1uj;j VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:\FILES\DATAFILE\Gendac.cur\9901-COM.l "i::",~', "~. , . ,,' ~ .,.-m'r~' ~ .......- 1WJ._~i'~ ~''''$1l1ft~ '''''''''''''j,. :A ^.;'o.-r."<,'",, ,...t.-. "_...._~".,'~"',,,.~ _'r>'. " ".', ,"-, .,,",..j,~,~, ....,.. ".~ ,_" ,,,,,,,.. ,.., '~'''~~~~~JU,~.JI ~ ~ "M~~- ~ .'~ ."v' "'", , .'.<. '""".,;." , "I,; -p ~ ~ C) - ~ C . , ~ ~i ~ '-. ~ ."1 ~~- ;c:: :-:.2 ".,- ;;"'-0 <:oG ~ ~ p , ~ ~~L -J ,':':::l 0i 2 i e ~ ~c; ,::S"?, t ~,-: ::;.~'-' .o-"r'''- <~R z~...:: ~ r"--) ~ U ;>c '-P. ,:,--rn fQ c) ~ -l p.: ? 55 <1' '< -J i '- ~, '" Sf "., '"' . '.'.,hj ., SHERIFF'S RETURN - OUT OF COUNTY t CASE NO: 2000-04993 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CEKOVSKY THOMAS P VS BAKER BERNARD 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: BAKER BERNARD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 7th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 18.00 9.00 10.00 26.75 .00 63.75 08/07/2000 MART SON , DEARDORFF, ~ R. homas Kl :~~/// Sheriff of Cumberland County WILLIAMS Sworn and subscribed to before me this 1</t3::: day of Q"ruY ~ A.D. ~C. fl1,'p'F;~, . LOp..tS Prothonotary -""""",,,,,-,,,,,,,- - " - . .~" ~.. . - - ._'"~-~ "'"'"~ ~ @ffire of tq~ ~4~t'iff I William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 1 ph: (717) 255.2660 fax: (717) 255-2889 Jack Lotwick Sheriff Comnumwealth of Pennsylvania CEKOVSKY THOMAS P vs County of Dauphin BAKER BERNARD Sheriff's Return No. 1625-T - -2000 OTHER COUNTY NO. 2000-4993 AND NOW: July 27, 2000 at 1:45PM served the within COMPLAINT upon BAKER BERNARD by personally handing to JULIE CARR, WIFE OF DEFENDANT 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 397 CENTER ST. ENHAUT, STEELTON, PA 17113-0000 ,~o,QCIAMrAJ So Answers, JRp- Sworn and subscribed to before me this 28TH day of JULY, 2000 Sh ri f , Pa. Sheriff's 07/25/2000 139257 TW/MK '"- ,-,'. I ~ In The Court of Common Pleas of Cumberland COlmty, Pennsylvania Thomas P. Cekovsky VS. Bernard Baker No. 20-4993 Civil Now, 7/17/00 , 20 0 (j , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff., // ,:At '. , ' r/J;?~~~-# Sheriff of Cumberland County, PA Affidavit of Service Now, ,20' ,at o'clock M. served'the within upon at by handing to a copy ofthe original and madelmown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of 20 '- COSTS SERVICE MILEAGE AFFIDA VIT $ $ - " ROLF E. KROLL, ESQillRE . Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: Fax: E-mail: [717] 975-8114 [717] 975-8124 rkroll 2000@vahoo.com Attorney for: DEFENDANT THOMAS P. CEKOVSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-4993 CNIL ACTION - LAW BERNARD BAKER, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly enter the undersigned's appearance on behalf of Defendant, Bernard Baker in the above-captioned action. Respectfully submitted, By: 11, Esquire Attorn I.D. #47243 Post Office Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendant -, ~ llU", '. CERTIFICATE OF SERVICE I, Jessica Bates, an authorized representative of Margolis Edelstein, hereby certify that I have served a true and correct copy of the foregoing document upon all counsel and parties of record this I 0 ~y of August, 2000, by placing the same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013-3093 By: : ';" --~ iltiD"'" _- ..U1I1:u'IiUY- _1l'Ii~~" -i-"W" ',,;,' ~~"'1i4fj(ij!tn , "_,.'''_~., _~_"".r~'_' ,'~_, .---,.>" ''''1' .^",'-' -'.', '-'-"-I~ " ",~. ~, ~~ -,-' ,"' ~ ~.- ...,;,-Ij . () 0 0 C Cl '" ;s: > -Om c: ~}J rnrri t" Z~' .~;;p:i -~, ZC: CD~., u; ~~!?6 -<.,-- '-0::;; 0>> :;~~ <: ~o ::x: .-0 )>'C 'f? 0 'h! -7 ,::::> ~ ~ ':rJ 0:> -< ,.., "-'"" ,"' n .....~""'- It jij~ I '.," .. ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Peunsylvania 17108-0932 Telephone: Fax: E-mail: [717] 975-8114 [717] 975-8124 rkroll 2000(a)vahoo.com Attorney for: DEFENDANT THOMAS P. CEKOVSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-4993 CNIL ACTION - LAW BERNARD BAKER, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Thomas P. Cekovsky, Plaintiff c/o Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. Date: September~, 2000 By: olfE. Attorne .D. #47243 Post Office Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendant ." -~ . . ROLF E. KROLL, ESQillRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telepboue: Fax: E-mail: [71 71 975-8114 [71 7] 975-8124 rkroll 2000(a)vahoo.com Attorney for: DEFENDANT THOMAS P. CEKOVSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-4993 CNIL ACTION - LAW v. BERNARD BAKER, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant Bernard Baker, by and through his counsel, Margolis Edelstein, to Answer the Complaint of Plaintiff, Thomas P. Cekovsky and in support thereof avers the following: 1. Denied. 2. Admitted. 3-8. Denied pursuant to Pa.R.C.P. No. 1029(e). NEW MATTER 9. Plaintiff has failed to state a claim upon which relief can be granted. 10. Plaintiff's claims are barred by the doctrines of contributory and comparative negligence. 11. Plaintiff's claims are barred by the doctrine of assumption of risk. 12. Defendant Baker was confronted with a sudden emergency not of his own creation to which he responded reasonably under the circumstances. ~ ~ ... 13. Plaintiff's claims are barred by the applicable statute of limitations. 14. The named insured of the automobile insurance policy covering Plaintiff elected coverage under the limited tort option offered under that policy in accordance with the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law. 15. Plaintiff's claims are barred in whole or in part by the terms and conditions of the Pennsylvania Motor Vehicle Financial Responsibility Law, Act of February 12, 1984, 75 Pa. Cons. Stat., 9 1701 et seq., as amended. Specifically, Plaintiff's claims for medical expenses and/or wage loss may be barred in whole or in part by 75 Pa. Cons. Stat., 9 1722. Moreover, Plaintiff's claim for non-economic damages may be barred by virtue of an election of the limited tort option of Plaintiff's motor vehicle insurance policy. 16. Plaintiffs claims are barred in whole or in part by the terms and conditions of the Pennsylvania Worker's Compensation Act, 77 P.s. 91 et seq. Respectfully submitted, By: olfE. 1, E 'quire Attorney I.D. #47243 Post Office Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendant "I , VERIFICATION I, Bernard Baker, have read the foregoing Answer with New Matter which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa, C,S,A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties, Bernard Baker Date: , " I . - .. CERTIFICATE OF SERVICE I, Jessica Bates, an authorized representative of Margolis Edelstein, hereby certify that I have served a true and correct copy of the foregoing docwnent upon all counsel and parties of record this Jl/!!'day of September, 2000, by placing the same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 By: L'IMitfL Aaw essica Bates '~1.1'~f -.'" ~-F, ",_, ~ ,- ;P'~j~~HI-rL"., 1Ml!l.&!WlI.Lii;jl;l~'~ ill~~IU_{~jiO l ]lUilm ' . ".~",~'- " ". . ''''-' -.1 ",> ,-,. i~1IiiiIIiIiri1 ;;, '""11. ,J., (') ~~ C c.' ~ ~ -orD ,~~:) 11'1 f -~' ; --< - z- ~S~ I f') -< ,"': ~d ~v ~-:c: ~n " PC':: " .:.;--:':; :z ~ """;1 5 -.J -< "" F: \FILES\DATAFILE\Gendoc.cur\990 l-rep.l/tde Created: 06113/00 10: 12:44 AM Revised: lOfI2l0005:09:23PM 990U ' THOMAS P. CEKOVSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO, 2000-4993 CIVIL ACTION - LAW BERNARD BAKER, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, Thomas P. Cekovsky, by and through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and answers Plaintiffs New Matter as follows: 9-16. These allegations are conclusions oflaw to which no answer is required. To the extent an answer is required, the allegations are denied. MARTS ON DEARDORFF WILLIAMS & OTTO By -rfw- t~ ~.1l. '* - Thomas J, Willi s, Esquire Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: October 13, 2000 VERIFICATION I, Thomas J. Williams, Esquire, counsel for Plaintiff depose and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on his behalf, and that I will supplement this Verification in the near future with one executed by my client. ..L~ w.JL - Thomas J. Will s, EsqUIre Date: October 13, 2000 1>" CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Reply to New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: RolfE. Kroll, Esquire MARGOLIS EDELSTEIN P,O. Box 932 Harrisburg, P A 171 08 MARTSON DEARDORFF WILLIAMS & OTTO c5!ri:t~ () ()~ Tricia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: October 13, 2000 ~" - ~ ~ iiil ~-~--~~_ ,<~L>- ,_. " . ~ - "" _'..0 "" ~~ ~ ,~~.)",-,~ .., --,,~/- <-~. -~,.-- _..(-'~._n__ ~ .. "iii"" ,,"." ,. -"-~' '. '0 .,' o ~ -ort: rllf-;", Z:O ZC. en,,-: ~ ~;.:. ~>.:, 5;:S~ ~7 ~'.2 w, I o Cl (J Or'! o n -; , ,- ,)8] ;-!~i~; G..~' :;:;) ...J '- , ~~(~ ~:::5In .:;:::J :1:.J -< till ) < ~, . LAURALEE B. BAKER, ESQUIRE Pa. Supreme Court I.D. No. 58874 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [717] 975-8114 Fax: [717] 975-8124 E-Mail: Ibaker@margolisedelstein.com Attorney for Defendant: BERNARD BAKER THOMAS P. CEKOVSKY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2000-4993 BERNARD BAKER, Defendant. JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw my appearance for Defendant, Bernard Baker, in the above referenced matter. Date: ,/ejlojw 17108-0932 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Bernard Baker, in the above-captioned matter. Date: WfL![ 00 Respectfully submitted, EDE~ By: l"'ZL- L E B. BAKER, ESQUIRE P torney I.D. No. 58874 Attorney for Defendant, BERNARD BAKER P. O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing WITHDRAWAL OF APPEARANCE and ENTRY OF APPEARANCE on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the L..J'Z;{day of rP~ 2000, and addressed as follows: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 MARGOLIS EDELSTEIN ~;: ~<-. t' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court: CAPTION OF CASE (ENTIRE CAPTION MUST BE STATED IN FULL) THOMAS P. CEKOVSKY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 5 . NO. 2000-4993 BERNARD BAKER, Defendant. JURY TRIAL DEMANDED 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment of Defendant, Bernard Baker 2. Identify counsel who will argue the case: (a) Plaintiff: Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten West High Street Carlisle, PA 17013 (b) Defendant: Lauralee B. Baker, Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 3. I will notify all parties that this case has been listed for argument. 4. Argument Court Date: March 28, 2001 February 7. 2001 Date . Baker Es . for ( )Plaintiff (X) Defendant (717) 975-8114 Phone Number .. .~ "ti- ~ I CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE FOR LISTING CASE FOR ARGUMENT on all counsel of record by placing the same in the united States mail at Camp Hill, pe~~vania, first-class postage prepaid, on the 7d day Of~.J''' _~_ 2001, and addressed as follows: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 MARGOLIS EDELSTEIN Nelson, " s'._'~, ,"',; '~Iltit~6iiiiH!Ilim~-ifim'~~~ " ~_0'~""-'~ _~~__~ ", '11f ., lil'" - - - lilil" _." "._"r. L ,,'"' ,-,,,,, ~. ",,-," )'-'f >" '-.1 :i-;" ~ [ (') c' ,.... ~ C "','1 :-;: ....,., "'""0'--"', ~1l '.. CDrT GJ /..__.J,' ! LC en,,:': co - -<~<- c: r:n ~- -0 -1"- '. -n _ir"'r--, -,,,, ... (::> :i;g N C:irn Z ~ ::<! ...J :5:J -~ t] LAURALEE B. BAKER, ESQUIRE Pa. Supreme Court I.D. No. 58874 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [717] 975-8114 Fax: [717] 975-8124 E-Mail: Ibaker@margolisedelstein.com Attorney for Defendant: BERNARD BAKER THOMAS P. CEKOVSKY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2000-4993 BERNARD BAKER, Defendant. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached deposition transcripts of Plaintiff, Thomas P. Cekovsky, and Defendant, Bernard Baker. Respectfully submitted, MARGOLIS EDELSTEIN Date: F,(.~ 71 Ulo( By: f?f?-- URA EE B. BAKER, ESQUIRE P ttorney I.D. No. 58874 Attorney for Defendant, BERNARD BAKER P. O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 llll , Thomas P. Cekovsky 1 THOMAS P. CEKOVSKY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. BERNARD BAKER, 4 DEFENDANT CIVIL ACTION - LAW NO. 2000-4993 JURY TRIAL DEMANDED 9 DEPOSITION OF: THOMAS P. CEKOVSKY 10 TAKEN BY: DEFENDANT 11 BEFORE : SUSAN M. SIMON REPORTER-NOTARY PUBLIC 12 PLACE: MARGOLIS EDELSTEIN 13 3510 TRINDLE ROAD CAMP HILL, PENNSYLVANIA 14 DATE: DECEMBER 15, 2000 15 BEGINNING 11:38 A.M. 16 17 18 19 APPEARANCES: 20 Ml'lRTSON, DEARDORFF, WILLI1\MS , OTTO BY: THOMAS J. WILLIAMS, ESQUIRE 21 FOR - PLAINTIFF 22 MARGOLIS EDELSTEIN BY: LAURALEE B. BAKER, ESQUIRE 23 FOR - DEFENDANT 24 25 I N 0 E X 2 WITNESS EXAMINATION 3 THOMAS P. Cekovsky 4 By Ms. Baker By Mr. williams 3 52 7 8 EXHIBITS: 9 1. Sketch 10 11 12 13 14 15 <' 16 17 18 19 20 21 22 23 24 25 PRODUCED AND MARKED ~~1P;~1 Susan M. Simon, Reporter-Notary Public " , CondenseIt! 1M December 15,2000 Page 3 I STIPULATION 2 It is hereby stipulated by and between counsel 3 for the respective parties that reading, signing, sealing, 4 filing and certification are wal ved; and that all 5 objections except as to the form of the question are 6 reserved until the time of triaL 7 THOMAS P. CEKOVSKY. called as a witness, being 8 duly sworn, testified as follows: 9 EXAMINATION 10 BY MS. BAKER: II Q Mr. Cekovsky? 12 A Cekovsky. 13 Q Would you give us your full name and address 14 please. 15 A Thomas Peter Cekovsky. P. O. Box 344, 16 Indiana, Pennsylvania 15701-0344. 17 Q Mr. Cekovsky, I'm going to try to say your 18 name right, but if I say it improperly, please for give me. 19 As you know, I'm Lauralee Baker, and I 20 represent Mr. Baker in this lawsuit. I'm here today to ask 21 you some questions about what you recall from that accident 22 and any injuries you sustained from that accident. 23 During the course of this deposition, if I ask 24 you a question that you don't understand, I encourage you 25 to let me know and I'll be glad to rephrase the question. Page 2 Page 4 I All right? 2 A Yes. 3 Q Likewise, if you don't hear me -- sometimes we 4 have a little too much activity in our hallway out here -- 5 let me know and I'll be glad to speak more loudly. 6 All right? 7 A Okay. 8 Q I'm going to assume then that if you answer a 9 question, you both heard and understood it. Is that fair? 10 A Yes, II Q Okay. Please let me know if you need to take 12 a break at any time, You're welcome to do that. And 13 please also try to remember to make your responses to 14 questions verbally so that our court reporter can get down 15 yes or no as opposed to a nod or shake of the head. 16 All right? 17 A Yes,ma1am. 18 Q Okay. Can you give us your date of birth, 19 please. 20 A September 22nd, 1963. 21 Q Your social security number? 22 A 208-42-8259. 23 Q Now, you gave us a P. O. Box number as your 24 address. Do you live at a certain location in Indiana, 25 Pennsylvania? Page 1 - Page 4 1.1 1.1 , Thomas P. Cekovsky I A Yes, I did live with my girlfriend in Indiana, 2 Pennsylvania. We split up a couple years ago, 3 MS. WILLIAMS: She didn't ask you about your 4 girlfriend, She asked you where you lived in Indiana. 5 1HE Wl1NESS: In Indiana, Pennsylvania. 6 MR. WILLIAMS: You live there? 7 THE Wl1NESS: No, not actually. 8 BY MS. BAKER: 9 Q Okay, where actually are you residing? 10 A At the present time, I am residing in II Dillsburg. 12 Q Okay. What is the address there? 13 A It's Young's Grove Trailer Court, I'm staying 14 with a friend because my transfer date has been put back. 15 I'm not really sure of the lot number. 16 Q Okay. In June of 1999, where were you 17 residing? 18 A I was residing at 101 Harrisburg Pike, 19 Dillsburg. 20 Q Were you living with anyone at that address? 21 A Yes, 22 Q With whom you were you living? 23 A Another officer, Sean Hudzel. H-u-d-z-e-I, I 24 think. There were several officers sharing this place from 25 time to time from out of town, I Q Okay. Other than Sean, do you recall the 2 names of any other officers would have would be residing 3 there around June of '99? 4 A At that time, no. 5 Q Okay. Do you know where Sean Hudzel is 6 located now? 7 A No, ma'am. 8 Q He no longer works at the correctional 9 institution here? 10 A Yes, he still works there. ]] Q Okay. So you just don't know what his address 12 is now, but you know he still works there? 13 A That's correct. 14 Q Okay. Now, you said in response to one of my 15 earlier questions that your transfer date was moved back. 16 Can you tell me what you meant by that? 17 A I was offered a lateral transfer at Pine Grove 18 institution in Indiana, Pennsylvania. That date, formal 19 transfer, has been moved back three times because the 20 completion of the institution wasn't, you know, up to 21 schedule. 22 Q Is Pine Grove not open yet? 23 A It will be open on the 26th of this month. 24 Q Okay. Does your transfer then go in effect on 25 December 26th? Susan M. Simon, Reporter-Notary Public ~ - """""'- ." CondenseIt! 1M Page 5 December 15,2000 Page? 1 A Yes, ma'am. 2 Q Do you have an address where you will be 3 located after that transfer? 4 A Mailing address or residing? 5 Q Well, I assume the mailing will remain the 6 same. 7 A Yes. I'll be staying at 600 Logan Street, 8 Punxsutawney, Pennsylvania. 9 Q When was the first date that your transfer was 10 to go into effect? II A I think it was July of this year. 12 Q Okay. 13 A I think it was the 23rd. 14 Q So all of this took place this year? 1bere 15 were no plans to transfer as of last year? 16 A Oh, certainly there were. It takes quite a 17 while to transfer. 18 Q When did you first put in for a transfer? 19 A When I was first able to according to policy, 20 two years after being employed at Sel Camp Hill. 21 Q When approximately was that? 22 A 1995. 23 Q Okay. So this is the first lateral transfer 24 you have had offered since 19971 25 A Since 19971 Page 6 Page 8 I Q At any time since you were eligible for 2 transfer, this the first transfer that you have been 3 offered? 4 A Yes. 5 Q Okay. What was it that led you to request a 6 transfer? 7 A I want to be closer to home. 8 Q Okay. Let's talk about your educational 9 background. Can you give me an idea of what type of 10 schooling you have had? II A I went to Punxsutawney Area High School. 12 After that I attended Indiana University of Pennsylvania. 13 Department of Corrections academy, certain trainings at SCI 14 Camp Hill. 15 Q Training -- 16 A Certain trainings at SCI Camp Hill, such as 17 RHU school, things of that nature. 18 Q And RHU is what? 19 A Restricted housing unit. 20 Q Okay, You said that you went to Indiana 21 University of Pennsylvania, Did you obtain a degree or 22 certification from there? 23 A No, ma'am. 24 Q Okay. Did you take a number of credits? 25 A Yes. Page 5 - Page 8 ~..' . -"-, ~ . Thomas P. Cekovsky CondenseIt! 1M December 15,2000 , -- Page 9 I Q Do you know about how many credits you have? 2 A It's been quite a while. I was at !Up 3 probably two and a half years. 4 Q Do you remember what years you were there? 5 A '83, '84, some of '85. 6 Q What year did you graduate from high school? 7 A 1982. 8 Q The Department of Corrections academy, you 9 attended the academy what years? 10 A I think it was '93. II Q Following graduation from high school, where 12 were you first employed? 13 A I've had several jobs. 14 Q Just give me an idea of what type of jobs you 15 had before SCL 16 A Okay. I've done a lot of physical jobs, labor 17 jobs. I wanted to work with the state. I worked as an 18 hourly for the state stores. Up to this point, is that 19 what you -- 20 Q Right. 21 A I worked for the Department of Public Welfare 22 in the state mental hospitals, and then to SCI Camp Hill. 23 Q What did do you for DPW? 24 A I was a security officer I at W oodville State 25 Hospital and Torrance State Hospital. Page 10 I Q What led you to leave there? 2 A The Department of Corrections paid better, and 3 there was more room to advance. 4 Q When did you start with the Department of 5 Corrections? 6 A I think it was about '93. 7 Q Okay. And were you first assigned to SCI? 8 What was your first assignment with the Department of 9 Corrections? 10 A Camp Hill. II Q Okay. What was your position there? 12 A Everyone starts out as corrections officer 13 trainee. After your training is complete, you graduate to 14 corrections officer I. 15 Q And then do you work up 1,2,3, and so forth? 16 A Providing you take the examinations. 17 Q Okay. In June of 1999, had you worked up to a 18 different position? 19 A No. 20 Q Okay. You were still a corrections officer 21 number I? 22 A Yes. 23 Q Okay. Do you remember how much you were 24 earning in June of '99? 25 A Are you speaking hourly or yearly? Susan M. Simon, Reporter-Notary Public Page II I Q You can give it to me either way, Hourly is 2 fine. 3 A $17 an hour, 4 Q Okay. And were you working any particular 5 shift in that time frame? 6 A 2 p.m, to 10 p,m. 7 Q Had you been working that shift for a period 8 of time? 9 A A period of time? 10 Q Do you rotate shifts, or do you always work II 2:00 to 10:00? 12 A You bid shifts. 13 Q Okay. You'd been working the 2:00 to 10:00 14 shift for how long as of June of 1999? 15 A Month and a half maybe. 16 Q In the 2:00 to 10:00 shift, in addition to the 17 $17 an hour you were earning, did you have the capacity to 18 earn overtime? 19 A Yes, 20 Q Okay. Can you give me an idea in a month how 21 much time you would work overtime? 22 A Not really, If there's a shift available, you 23 know n if there's a shift available, you take it, if you 24 can, if you're selected. 25 Q So you need to go put your name in with other Page 12 I people, and then a certain person is selected for the 2 overtime? 3 A Yes. 4 Q Do you have an idea in the time that you were 5 off as a result of this accident whether or not you would 6 have had the opportunity to earn overtime? 7 A Could you please ask that question again? 8 Q What I'm trying to learn now is what wages you 9 contend were lost as a result of the injuries you sustained 10 from the accident. And I understand that you earned $17 an II hour, but I'm trying to learn, on top of that, if you would 12 have had any losses of income. 13 Can you give me an idea as to whether or not 14 you would have had the opportunity to have any other 15 income, including overtime, during that time frame? 16 A There's a lot of vacations at that time of 17 year. It's been a rule that I would try to get three I g shifts per pay period, if that was possible. 19 Q How long are your pay periods? 20 A 14 days. 21 Q How many days, if you know, did you miss work 22 as a result of injuries from this accident? 23 A I really can't tell you that. I don't bave it 24 in front of me. 25 Q Okay. I understand you don't have it in front Page 9 - Page 12 < 'I...... ~b , ,-- ~~.-"~ - Thomas P. Cekovsky CondenseIt! TM December 15,2000 Page 15 Page 13 I of you. Do you have a general number. a general time 2 frame, that you were told to stay home? 3 A No, and I would hate to estimate. 4 Q I have Ihe medical records. You have no idea 5 how much time you missed? 6 A When you're talking about that period of time, 7 explain to me what you mean. 8 Q Well, let me ask you, following this accident, 9 were you off work at all because of your injuries? 10 A Yes. II Q How long were you off work? 12 A That I did not go to work at all? Maybe a 13 week and a half to two weeks I was in bed. 14 Q After you got out of bed, did you go back to 15 work? 16 A I went back in a limited duty capacity which 17 means that I was stationary. 18 Q In your limited duty capacity, were you 19 earning $17 an hour? 20 A I'm not really sure what I was earning at that 21 time. 22 Q Well, did you notice any decrease in your 23 paycheck when you were on the limited duty as opposed to 24 before that? 25 A Yes. Page 14 I Q About how much less was it in your paycheck? 2 A I'm not certain. 3 Q How long were you on limited duty? 4 A Couple of months, but I'm not really certain. 5 Q After you came off limited duty, were you able 6 to resume your nonnal job responsibilities? 7 A Could you restate that please? 8 Q What were your job responsibilities prior to 9 your injuries? 10 A That would depend on the area that I was II assigned to. My job responsibilities are care, custody and 12 controL I am to "" how should I state this. I am to 13 control the movement of my block 14 I don't feel that I could do that at the level 15 that I was before the injury, if that's what you're asking 16 me. 17 Q Okay, Were you put in that position to do 18 tbat by your employers? 19 A Yes, I was, 20 Q And were you paid your $17 an hour to do that 21 by your employers? 22 A Yes. 23 Q What was it that makes you believe that you 24 weren't able to control your block as well after you were 25 returned from limited duty? Susan M. Simon, Reporter-Notary Public I A Because I could not at the time "" I find it 2 very difficult to concentrate on what's in front of me. 3 I'm supposed to be observant of everything around me. I 4 was not getting the sleep. I'm in pain constantly. I 5 can't respond quickly to situations, and my fellow 6 officers' lives depends on my response and my judgments and 7 my reaction. 8 Q At any time following the accident, do you 9 feel that you were able to return to the degree of control 10 that you had of your cellblock prior to accident? II A Could you please "" this is the first day 12 with"" my medication makes me a little slow. Could you 13 please repeat that? 14 Q And I should ask you, are you taking any 15 medication today that's going to affect your ability to 16 answer questions truthfully and accurately? 17 A Not -- no, not truthfully and accurately. 18 Q What medication are you taking? 19 A Right now I'm taking -- I'm on the transdermal 20 patch. It's called -" it's from the Norgesic company. I 21 don't want to look at it. FentanyL 22 Q Fentanyl? 23 A It's a class 2 narcotic. 24 Q Any other medications you're taking? 25 A Currently, no. Page 16 I Q Okay. When did you start applying the patch? 2 A Oh, I would say the beginning of November. 3 Q Who prescribed that for you? 4 A Dr. Albright. 5 Q Do you know Dr. Albright's first name? 6 A I think William Albright, the Third. 7 Q Where is William Albright, the Third, located? 8 A Highspire area. 9 Q What type of doctor is Dr. Albright? 10 A Family physician. II Q Okay. Now, getting back to my question that 12 led us into this, you indicated that following your 13 injuries you had a difficulty, you believe, concentrating 14 and therefore controlling your cellblock. 15 And my question to you was, was there at any 16 time since the injuries that you feel that you have been 17 able to exert the control in your cellblock that you did 18 before your injuries? 19 A No. 20 MR. WILLIAMS: I'm going to object to the fonn 21 of the question as far as you asked him solely as to his 22 concentration limitations, and he did testify that there 23 were other limitations in addition to that. 24 MS. BAKER: Well, originally when we started 25 he talked about control and care and one other word. Page 13 - Page 16 J '...- ,,~" . ._l ~-'''J , Thomas P. Cekovsky CondenseIt! TM Page 17 December 15,2000 Page 19 I MR. WILLIAMS: Care, custody and controL 2 BY MS. BAKER: 3 Q What I want to know is, are you able to exert 4 the care, custody and control now that you were prior to 5 your accident? 6 MR. WILLIAMS: I'm going to have to object to 7 the form of the question for this reason, I only know this 8 from having spoken with Mr. Cekovsky extensively on that 9 point, but control of the inmates is in large part based on 10 the psychology that you're there, and if you do anything n II if they do anything, you're going to be able to respond, 12 And he has been trying to keep his physical 13 limitations hidden from them so they don't realize he has 14 these weaknesses that these inmates can prey upon. 15 But he is worried that he would not be able to 16 respond physically and speedily in the event that something 17 happened if this control didn't work. 18 MS. BAKER: And certainly I understand what 19 you're saying. What I'm trying to learn is if he has at 20 any point been able to resume his pre-injury abilities to 21 do that. 22 I understand that you're telling me -- you're 23 answering the question for him, but I need to have it on 24 the record his response. 25 I believe it's no, but I need to hear that Page 18 I from him. 2 MR. WILLIAMS: He can answer this, but I think 3 as far as the question goes, the form of the question needs 4 to make a distinction as to the fact that he, whether he 5 was able to control the inmates or as opposed to if 6 something had happened that he is trained to intercede on, 7 whether he would have been able to do that. 8 BY MS. BAKER: 9 Q Why don't you just tell me now what you 10 believe your situation is at work as far as your II interactions with the inmates, your ability to respond to 12 emergencies, that sort of thing. 13 Tell me how it is tlow? 14 A I feel limited. 15 Q Explain please, 16 A I feel that I can not quickly respond 17 physically to any kind of problem or altercation. I don't 18 have that movement. A large part of my control of my 19 cellblock or my yard is a mental game. I have to be on top 20 of things, 21 I'm preoccupied with what I feel, and with the 22 effects of the medication, so I can feel anything but 23 pain. Do you understand what I'm saying? Go ahead. 24 Q No, I want you to finish all your thoughts 25 before I respond. Susan M. Simon, Reporter-Notary Public I A Instead of being to the power of observance 2 and control that I normally have over a large area, I'm 3 more focused on myself and what I'm feeling because of 4 this. Whether it's the pain, the nausea from the 5 medication, the feeling of being high from the medication, 6 or the thought that I may not be able to respond as quickly 7 as I should or effectively as I should. 8 Q Have you spoken with one of your supervisors 9 about those concerns? 10 A I can think of one occasion where I did, yes. II Q Can you tell me who you spoke with? 12 A I had spoken to Lieutenant Flowers. I was 13 supposed to be in a tower one day, and I told her I was 14 extremely dizzy and I'd appreciate it if she'd put me 15 somewhere else. I didn't think I could climb the stairs, 16 the ladder. 17 Q When did that assigmnent occur? 18 A Maybe a week and a half ago. 19 Q What was Lieutenant Flowers' response? 20 A She accommodated me, 21 Q Other than the dizziness that you expressed to 22 her, did you tell her anything else ahout your symptoms and 23 these feelings that you just expressed to me? 24 A Nothing else was relevant. There's nothing 25 she could have done for me other than eradicate that Page 20 I situation. 2 Q And you have told me your concerns about 3 controlling your block. Have you ever expressly discussed 4 those thoughts with any of your supervisors? 5 A I don't think so. 6 Q Okay. Are your supervisors aware that you 7 have the patch on your arm? 8 A Yes, they have to be. 9 Q Okay. Did you discuss that with a particular 10 supervisor? II A Yes. 12 Q Which one? 13 A Major Steve Sunday. I had to submit an 14 incident report to him. 15 Q An incident report telling him that you had 16 the patch? 17 A Yes, that I had this patch and that it could 18 show up positive for morphine and the effects that I would 19 be under. 20 Q I just want to make sure that we have covered 21 all the areas that you feel you might have lost income as a 22 result of your injuries. 23 You told me you were off one to two weeks, 24 that you were then on limited duty but you weren't sure how 25 long, that you missed some overtime potentially. Page 17 - Page 20 .' " >,;.' J ~ d' . ""~ -.'.,<:. '-";; Page 21 Condenselt! 1M December 15,2000 , Thomas Po Cekovsky I Is there any other way that you might have 2 lost income as a result of your injuries? 3 A Promotional exam, 4 Q Tell me about that? 5 A The sergeant's test was scheduled several days 6 after this occurrence. I was in extreme pain, I couldn't 7 concentrate. At that point I hadn't slept but maybe a 8 hour, hour and a half each nighl. I normally do very well 9 on tests, I did pretty poorly on this one, 10 Q Was this the fIrst time you had taken the II sergeant's test? 12 A Yes. 13 Q Have you taken it at any time since that time? 14 A It's only offered every few years. 15 MR. WILUAMS, SO your answer is no? 16 THE WITNESS: No, 17 BY MS. BAKER: 18 Q Has it been offered at all, to your knowledge, 19 since that time? 20 A No, it hasn'1. 21 Q Now, your position at Pine Grove institution, 22 what exactly will you be doing there? 23 A I can 'ttell you what exactly I'll be doing 24 there because I haven't be there yel. It's a lateral 25 transfer, I would assume that my duties are quite similar. Page 23 I Q Okay. 5 percent over what you had been 2 earning you had hoped to make? 3 A Yes. 4 Q Prior to this accident in June of '99, were 5 you involved in any other motor vehicle accidents? 6 A Not that I'm aware of. Fender benders? 7 Q Yes. 8 A I hit a deer the year before. 9 Q Did you have any injuries as a result of that? 10 A No. II Q Other than hitting the deer the year before, 12 any other accidents? 13 A Not that I can recall. 14 Q Okay. Any motor vehicle accidents since this 15 one we're here about today? 16 A Not that I can recall. 17 Q Okay. Ever file a claim for workers' 18 compensation? 19 A No, I haven't. 20 Q Okay. Ever collected unemployment? 21 A Unemployment? 22 Q Yes. 23 A I think I might have. 24 Q Do you know when that was? 25 A Not off the top of my head. Page 22 Page 24 I Q Does Pine Grove have the same type of inmates I Q Do you know how long? 2 as Camp Hill? 2 A It wouldn't have been very long. I've always 3 A No, they don't. 3 worked. 4 Q What types of inmates do they have? 4 Q Other than this lawsuit, have you ever been a 5 A Juvenile. 5 plaintiff in another lawsuit? 6 Q Is there a certain age? 6 A No. 7 A That depends on the severity of the crime. 7 Q Did you grow up in the Indiana area? 8 Q Is there a certain cutoff of the age group for 8 A I grew up in the Punxsutawney area. 9 Pine Grove? Is it 18? 9 Q Okay. Did you have a particular family 10 A Yes, I would imagine it's 18. 10 physician that cared for you as you were growing up? II Q You will be earning the same salary at Pine II A Yes. 12 Grove since it's a lateral transfer? 12 Q Who was that? 13 A Yes, the same pay scale. 13 A Dr. Bizousky. 14 Q Okay. Are you still earning $17 an hour? 14 Q Could you spell that for us? 15 A No, I'm earning a bit more than that. 15 A Absolutely. B-i-z-o-u-s-k-y, 16 Q What are you earning now? 16 Q Do you know Dr. Bizousky's first name? 17 A RougWy 18. 17 A No, I don't. 18 Q Okay. Did you move up in the salary as you 18 Q Do you know if Dr. Bizousky is still-- is he 19 normally would have expected to, even if the accident 19 from Punxsutawney? 20 hadn't occurred? 20 A Yes, he is. 21 A Barring the possibility of the promotion, yes. 21 Q Is he still there? 22 Q How much do sergeants make an hour generally? 22 A I think he's still practicing, yes. 23 A It's a percentage raise. 23 Q For what sorts of things did you see 24 Q Do you have any idea how much percentage? 24 Dr. Bizousky? 25 A I would say 5 percent. 25 A Normal childhood things, vaccinations, Susan M. Simon, Reporter-Notary Public Page 21 - Page 24 " , -~""""""&': Page 25 CondenseIt! 1M December 15,2000 . Thomas P_ Cekovsky I physicals. 2 Q Since Dr. Bizousky, have you seen any other 3 family medicine physicians or family doctors? 4 A Dr. Albright, as far as a family doctor, 5 Q Anybody between Dr. Bizousky and Dr, Albright? 6 A For family doctors? 7 Q Right. 8 A I've been to specialists, but not family 9 doctors, 10 Q Ever been admitted to the hospital? II A Yes. 12 Q When was that? 13 A I would say approximately 1990. 14 Q For what reason? 15 A To have a cyst removed from my right hand. 16 Q Any other admissions? 17 A No. 18 Q Ever been seen in the emergency room for any 19 type of problem? 20 A Yes. 21 Q Can you give me an idea what that was about? 22 A I broke my hand. I had my eye checked. 23 Q Where, what emergency room did you go to for 24 that? 25 A I believe Indiana, and Holy Spirit. Page 26 I Q How did you break your hand? 2 A I was -- I tripped. 3 Q Okay. Any other times you were seen in the 4 emergency room? 5 A Yes, when I was in high school for like a 6 basketball injury or baseball, things of that nature. 7 Q Okay. Did you ever have any injuries to your 8 hip or your back prior to June of '99? 9 A No, 10 Q Had you ever seen a chiropractor prior to June II of '99? 12 A Yes, I did, 13 Q Who was that? 14 A I saw the chiropractor that I see now, 15 Dr, Shannon Walters, 16 Q Where is Dr. Walters located? 17 A Dillsburg. 18 Q For what sorts of things did you see 19 Dr. Walters prior to June of '99? 20 A I saw her on one occasion, I had twisted -- I 21 had pulled my neck. That was the fIrst time I was ever at 22 a chiropractor. 23 Q Okay. Ever see any specialists for any reason 24 prior to June of '99? 25 A Not that I recall. Susan M. Simon, Reporter-Notary Public Page 27 I Q Ever see a psychologist or psychiatrist prior 2 to June of '99? 3 A Yes, 4 Q Who did you see? 5 A I can't recall his name, but he was in this 6 area. 7 Q Okay. Can you give me an idea where in this 8 area? 9 A Not really. It was one of these hit-and-miss 10 kinds of things. You know, you have -- at work you have II six free visits a year, and I wanted to take advantage of 12 that and see what it was all about. 13 Q When was it you fIrst saw this person? 14 A Two, approximately two years ago. 15 Q Okay. Before June of '99? 16 A Yes. 17 Q Okay. Did you get this person from a list 18 that was available at the prison? 19 A I think someone that worked with me at the 20 time referred me. 21 Q Okay. For what reason did you fool you nooded 22 to see this person? 23 A Well, we were discussing work stress. It's a 24 different type of job. And I thought maybe I could 25 alleviate some work stress. Page 28 1 Q Okay. How many times did you see this person? 2 A What do you mean? I wasn't satisfied, so I 3 just discontinued it. 4 Q Okay. Have you ever been married? 5 A No. 6 Q Do you have any children? 7 A The woman that I was seeing -- no, no. 8 Q You have no children, okay. There seemed to 9 be a question there. 10 MR. WILLIAMS: That's the one thing you II shouldn't have any question about. 12 THE WITNESS: Well, no, I was seeing a woman 13 years ago that had two children, and I was very close to 14 them. 15 16 17 kids. 18 BY MS. BAKER: 19 Q Ever been convicted of or pled guilty to a 20 crime? 21 A No, Oh, wait. What do you mean, like a 22 felony crime? 23 Q A crime, 24 A Oh, yes. I had a nUl. 25 Q When was that? MS. BAKER: Okay. MR. WILLIAMS: You'd know it, if you had Page 25 - Page 28 . Thomas P. Cekovsky " Page 29 Page 31 I A Oh, couple years ago, two years ago. ] A To my knowledge. 2 Q Do you remember when two years ago? 2 Q Can you give me an idea of how far it was from 3 A What month? 3 where you parked that day to the actual prison building? 4 Q Yes. 4 A From where I parked to the prison building? 5 A November. 5 Are you referring to the main gate entrance? 6 Q Of 1989? 6 Q I'm referring to whatever entrance you would 7 A I think it was '89, yeah. 7 enter. 8 Q In what county did the court pro=dings take 8 A 300, 400 yards. 9 place? 9 Q Okay. Was the walk you would take from where 10 A York. lO you parked your car on June 22ml, '99, to the prison the II Q And your sentence from that was what? II same general walk that you and others would make every ]2 A ARD. I guess the normal probation. 12 other day in going and coming from work? 13 Q Okay, Let's talk about the day of the 13 A Yes, ] 4 accident. What shift were you working that day? 14 Q Okay. Can you draw me a picture, if you 15 A 2:00 to 10:00, 15 would -- and certainly we have the police report here, if 16 Q Can you tell me what parking lot you intended 16 you'd like to look at that -- but where it was that you 17 to park in or near? 17 parked that day in conjunction with this staked-off area 18 A I intended to park in the visitors' parking 18 that you have said was going to be made into a parking 19 lot which is the parking lot that we have always parked in. 19 lot. 20 Q Was there any construction or anything going 20 A This would be the east tower. 21 on at that parking lot at the time? 21 Q "m" you put inside of that for east tower. 22 A Not in the visitors' parking lot. 22 A The parking lot that was staked out, that they 23 Q Was there construction in any of the parking 23 just constructed is here. There was a road between -- 24 lots at that time? 24 Q Before you go on, that rectangle area that you 25 A There was an area staked out that they were 25 put just put there, please put parking lot staked out Page 30 Page 32 I going to make into a parking lot. I or "SO" inside of there. 2 Q Did anybody park in that staked-out area? 2 A (Witness complies with request of counse1.) 3 A No. 3 Q Okay. And you just put a roadway between the 4 Q How far had they gotten in preparing that 4 parking lot and the east tower, is that correct? 5 staked-out area for a parking lot? 5 A Yes. 6 A They put the stakes up. 6 Q Between that you drew a line. 7 Q That was it? Okay. Had anyone parked in that 7 A Urn-hum. 8 area before it was staked-out? 8 Q We have to state these things so that we know 9 A Previously to this? 9 later when we come back to this what we're referring to. lO Q Yes. lO A Fine. II A Previously to this day? Yes. II Q Go ahead. 12 Q Okay. How long had people been parking in 12 A Okay, you wanted to know where I parked? 13 that area, to your knowledge? 13 Q Yes. 14 A I have no way of knowing. 14 A Okay. The visitors' lot would be over here ]5 Q Okay. Was it for more than a month prior? 15 that we normally park in. 16 A I have no way of knowing. 16 Q Can you put "VL" in there. 17 Q You worked there, correct? 17 A (Witness complies with request of counse1.) 18 A Yes. 18 We would enter the institntion through this 19 Q Did you see people parking in that area prior 19 way. 20 to June of '99? 20 Q And through this way, just make a line with an 21 A Yes. 21 arrow, if you would. 22 Q Okay. For how long do you recall generally 22 A (Witness complies with request of counse1.) 23 people parked in that area? 23 Q Okay. 124 A For quite a while. 24 A I came in, and I noticed that there was no b Q Was this property part of the prison property? 25 parking signs in the visitors' lot, and I saw other people Condenselt! 1M December 15,2000 Susan M. Simon, Reporter-Notary Public Page 29 - Page 32 , Thomas P. Cekovsky , "' '0<1 CondenseIt! 1M Page 33 December 15, 2000 Page 35 I parking on the grass. 2 Q Make us an arrow of where you came in, if you 3 would. And from what road was that? 4 A That would be Lisburn, from right out in front 5 of the prison. 6 Q Do you want to write "Lisburn" out there on 7 your right. 8 A (Witness complies with request of counseL) 9 Q So you drove in, saw there were no parking 10 signs at the visitors' lot? II A Urn-hum. 12 Q Could you just keep drawing with your arrow 13 where you then next proceeded? 14 A Okay. There were a bunch of cars in this area 15 here. 16 Q Put X's where there were a bunch of cars, 17 A So I drove up here, and around the back. And 18 I parked behind the last automobile up here. 19 Q Okay. Could you put a circle around the X 20 where you parked. 21 A (Witness complies with request of counseL) 22 Q Okay. Now, when you parked there, were there 23 any vehicles to your left? Were there any parked vehicles 24 to your left? 25 A Down here, yes. Was there anyone directly Page 34 1 immediately across from me? No, there wasn't. 2 Q Okay. Did you at any time see Mr, Baker's 3 vehicle before the impact? 4 A Yes. 5 Q Okay. Where was Mr. Baker's vehicle when you 6 fIrst saw him? 7 A Right about here or here, I saw him pull 8 around my vehicle, 9 Q Okay, By here, you drew two circles on the 10 page which are immediately right of the X circle that you II made to depict where you parked, is that right? 12 A Right. 13 MR. WILLIAMS: He also drew a line. 14 TIlE WITNESS: I saw him coming in. 15 BY MS. BAKER: 16 Q You saw Mr. Baker driving intn the lot? 17 A Yes, it's very unmistakable. It was 18 unmistakably him. 19 Q Why was it unmistakably him? 20 A Because his style of driving. He's reckless, 21 to say the least. He's been issued several warnings. 22 There's been several complaints med against this man. 23 Q Okay. We'll get into that in a minute. 24 That day, can you describe for me how 25 Mr. Baker drove into the parking lot? Susan M. Simon, Reporter-Notary Public I A Quickly and carelessly. 2 Q Tell me what you mean by that. 3 A The dust was flying. He wasn't slowing down 4 for bumps the way anyone normally would that cares about 5 their vehicle or pedestrians. He was just -- I'm getting 6 from here to there as quickly as I can. 7 Q Okay. Where were you when you saw him drive 8 in? 9 A When I saw him drive in, I was just getting 10 out of my vehicle. II Q Okay. So you were standing up outside your 12 vehicle on the driver's side? 13 A Yes. 14 Q And saw Mr. Baker drive in to the parking lot 15 in this manner that you have described? 16 A Yes. 17 Q Okay. And Mr. Baker then drove up to the 18 right of you, and what happened next? 19 A He drove around my vehicle. 20 Q Can you show us where he drove? 21 A He drove this way around my vehicle. And he 22 was up here, he stopped, 23 Q Can you make a circle there where he stopped, 24 so we know? 25 A Actually he stopped past these vehicles, right Page 36 I about here he stopped. For a minute, I thought he was 2 going to go into the staked-out area. He looked all around 3 up here. I didn't pay any attention to him at that point. 4 Q Okay. Now, before you move on, did you watch 5 him drive past your vehicle up to where you thought he was 6 going to go into the staked-out area? 7 A Yes, 8 Q Okay. You said for a minute it looked like he 9 was going to drive in there, and he looked all around. 10 Can you tell me how you saw him when he was II looking around? How did you know he was looking all 12 around? 13 A Well. let me rephrase that. He came up here, 14 and I thought he was going to pull into this area, 15 therefore, I kind of guessed that he was looking all 16 around. He stopped his car there. What else was he doing, 17 you know, 18 Q So you don't know what he was doing there? 19 A No. 20 Q Did you actually see him looking around? 21 A No, I didn't see him look around. 22 Q Okay. Now, what happened after that? 23 A I closed my car door. And I gave myself a 24 little patdown, you know, make sure I have my keys and the 25 things I'm taking to the gate with me. And I realized I Page 33 - Page 36 Thomas P. Cekovsky . ~ CondenseIt! TM December 15, 2000 Page 39 Page 37 I didn't have my rosary beads. They were lying on the 2 dashhoard of my car, 3 So I opened my door, Took my key off my belt, 4 opened my car door. Put my rosary beads in my right 5 pocket. 6 Q Okay. 7 A And I wasn't paying any attention to 8 Lieutenant Baker at that point. I figured he was done 9 parking, whatever he was doing, So I closed my car door, 10 I'm locking it with the key, and I hear this noise, this II rev of an engine. 12 At that moment I look over my shoulder, and 13 all I saw was this truck coming right for me. And you 14 think weird things in a split second. And what I thought 15 is, if I don't jump up in the air, I'm going to have my 16 legs cut off by this big bumper that he had. 17 So I jumped up in the air, and I curled my 18 legs up, I curled myself into a ball. 19 Q Okay, let's move back. How did you pull your 20 vehicle into that parking space there? Can you put an F 21 where the front of your vehicle was. 22 A I guess -- yes, that's correct. The front 23 would have been -- I'm try to think now. Yes, the front -- 24 then I must have been up a little bit. I must have been 25 here. Disregard that. Page 38 I Q Now, you just made another X in a circle and 2 crossed out the X in the circle that you had, 3 A Right, and the reason I did that was 4 because -- and add another line. 5 Q Now, you made another line around where 6 Mr. Baker drove, correct? 7 A Right. I'm not real good with drawing things, 8 Q And this doesn't have to be exact. What I 9 just need to know now is how you pulled your car into this 10 parking space that you told me about. 11 A It would have been kind offacing that way. 12 The F that you asked for. l3 Q All right. So you have your car parked at an 14 angle? 15 A I had my car parked in the manner that 16 everyone else had their cars parked. 17 Q Was that an angle, or did you pull straight 18 in? 19 MR. W1LUAMS: At an angle to what? 20 MS. BAKER: Well, he's drawing it two separate 21 ways. It appears here that the X is straight in to a spot, 22 and then you drew an angle here. 23 THE W11NESS: I'm not really good with 24 drawing. My car was parked uniform with the other cars, 25 Susan M. Simon, Reporter-Notary Public I BY MS. BAKER: 2 Q How were the other cars parked? 3 MR. WILLIAMS: Instead of an X, perhaps we can 4 just make a little box with a little point on it to 5 indicate the front. So we get an idea of direction. 6 THE WI1NESS: All right, then I guess I would 7 have been this way. And then Lieutenant Baker would have 8 been more toward this area 9 BY MS. BAKER: 10 Q All right. So you're saying the front of your II vehicle was facing the direction that Mr. Baker had 12 traveled? l3 A Yes, 14 Q Okay. When you heard this rev of an engine 15 that you told me about, you said you curled up into 16 a ball -- 17 A I jumped in the air and curled up in a ball to 18 avoid getting my legs taken off. 19 Q Did you jump on to something to curl up into a 20 ball, or you just jumped up in the air and what happened? 21 A I jumped up in the air and curled up. His 22 vehicle hit me. Not my vehicle, His vehicle hit me here 23 and pushed my vehicle backwards. Not backwards, but 24 sideways, probably the length of this table which is ten 25 feet. Page 40 1 See, this was all slow motion, but it was 2 happening in a split second, you know, at that time, 3 I was caught between both vehicles. My 4 vehicle was pushed sideways. I'm hearing things break. 5 I'm thinking I'm getting killed. I can't yelL I had the 6 wind knocked out of me. 7 The only think I could possibly do was I was 8 beating on the sides of his truck trying to yell, At this 9 time I'm seeing his tires spinning sod, throwing sod. It 10 was -- he never put the brakes on. He just let off the 11 gas, He never -- at the rate that he drove back and 12 impacted me and the distance -- it was, I'm late for work, l3 I can't park here, and go. Not check -- I don't how be 14 checked anything. 15 Q All right. How far was Mr. Baker's vehicle 16 when you last saw him from you? How far from you was he? 17 MR. WILLIAMS: What do you mean when he last 18 saw him? 19 MS, BAKER: He testified that he saw Mr. Baker 20 stop over here and that's the last time he looked at him 21 until prior to impact. That was his testimony, 22 MR. WlLUAMS: Right, but the last time he saw 23 him would have been during the impact and immediately 24 after. 25 Page 37 - Page 40 _J........ ~ Page 41 CondenseIt! TM . Thomas P. Cekovsky ... "~'. December 15,2000 I BY MS. BAKER: 2 Q Prior to the impact, how far was Mr. Baker's 3 vehicle from you? 4 MR. WILLIAMS: You mean, before he reversed 5 himself? 6 MS, BAKER: Correct. 7 THE WITNESS: The distance from here to that 8 house, is what? 30 yards? 9 BY MS, BAKER: 10 Q 30 yards, okay. II A I'm guessing. 12 Q And you did not see his vehicle again then 13 until when he was in contact with you and your body? 14 A Yes. 15 Q Okay. You said you jumped up and curled into 16 a ball. Did you jump on to something? 17 A There was -- no, I jumped up and -- 1 jumped 18 up, and was I was caught in midair and his truck. I was 19 the bumper between the vehicles. 20 Q What part of your body was against his truck? 21 A My right hip -- against his truck? That would 22 be my left hip, left leg, left ann, ankle. When you curl 23 up like this (indicating). 24 Q Which part of your body was impacting your 25 vehicle? Page 43 I vehicle impacted my body. That impact tore the sole off of 2 my boot and bent my handcuffs that were right here 3 (indicating). 4 Q Okay. So I'm clear, there was no part of 5 Mr. Baker's vehicle directly in contact with your vehicle? 6 A To my knowledge, there wasn't. 7 Q Okay. How long was it that you believe your 8 car was pushed back over this time? 9 A How long in distance? 10 Q Correct. II A 1 would imagine ten feet maybe. You know, 12 give or take a foot. The photographs from the security 13 office at the prison would show that. 14 Q Okay. 15 A The state police, they took photographs that 16 would show that, as well as the spin marks from when his 17 vehicle was kicking up sod after it impacted my vehicle. 18 Q And it's your recollection that the state 19 police took photographs of the area after this? 20 A I was in a lot of pain at the time. I was in 21 shock. I was very disoriented. I know the state police 22 generally take photographs. I don't know if they did. I 23 know our security department did. 24 Q Who do you know in the security department 25 took the photographs? Page 42 I A The other side, right hip, leg, arms, 2 Had it not been for my handcuff case in my 3 duty belt with everything on, I think my hip would have 4 been shattered. I don't know, 5 Q How was it that you weren't crushed into your 6 vehicle? 7 MR. WILLIAMS: Object to the form of the 8 question. That assumes he wasn't. 9 TIlE WITNESS: I don't understand, 10 BY MS. BAKER: II Q Was there anything that was making contact 12 with Mr. Baker's vehicle and your vehicle that kept you 13 from being even more impacted than you were? 14 MR. WILLIAMS: I object to the form of the 15 question. But you can answer, if you're able to. 16 TIlE WITNESS: I'd like to answer that. Please 17 ask it again. 18 BY MS. BAKER: 19 Q Was Mr. Baker's bumper or any part of his 20 vehicle directly in contact with your car? 21 A Mr. Baker's bumper from his vehicle was in 22 contact with my left foot. There's a dent approximately 23 this big in the bumper of his car which was made from my 24 left boot imprint. 25 His vehicle did not impact my car. His Susan M. Simon, Reporter-Notary Public Page 44 I A I'm not sure who, 2 Q Okay. How do you know that they took 3 photographs? 4 A I remember them coming out with a camera. I 5 was at the main gate area holding ice on my hips between my 6 legs and on my knees. And they brought the camera out with 7 their -- the rest of their investigative equipment. 8 Q How did you know it was from your security 9 department? 10 A Because I knew the men that work there. II Q Okay. You don't know specifically who did it 12 though? 13 A I don't know who was assigned to that 14 particular task. 15 Q Are there video cameras that keep track of 16 what's happening in the parking lots around the prison, to 17 your knowledge? 18 A No, not to my knowledge. 19 Q Are you aware of any witnesses to this 20 incideot? 21 A To my recollection, there were no witnesses to 22 the impact. This tower, this east tower, is manned 24-7. 23 His job at that time, like always at that hour, is to watch 24 the officers in this yard and make sure they're safe. 25 Periodically, he would check the area for Page 41 - Page 44 - ~- ,. , .~ Thomas P. Cekovsky Condenselt! TM December 15,2000 Page 45 Page 47 1 suspicious vehicles, But I spoke with this man, and his 1 don't recall what I said, 2 attention was this way. He said he heard the noise and 2 Q Okay. Do you recall what happened in those 3 turned afterwards. 3 initial minutes? 4 Q Who was that man you're refemng to? 4 A I was feeling all over trying to assess what 5 A Tom Heckert, Officer Thomas Heckert. 5 had happened to me. And he said something about getting to 6 H-e-c-k-e-r-t. 6 tbe gate, we have to get to the gate. So I walked and he 7 Q Now, you told me about your boot. I believe 7 half carried me up to the gate. We notified the proper 8 you said the sole of your boot was pulled off. 8 authorities. I wanted the state police called. 9 What else occurred that you can relate to me 9 Q Did you at any time indicate that you didn't 10 at the time of the impact? 10 want the accident reported? 11 A My car keys that were hooked to my belt, one 11 A No, I wanted the state police called. 12 of the keys -- I don't know if it was a car key, one of my 12 Q Okay, 13 keys broke, My handcuffs bent. My wrist watch -- my wrist 13 A That vehicle was very important to me. That 14 watch shattered. 14 vehicle -- I just bought it from my dad, and that was 15 What else are you looking for? 15 always his baby, you know. And I wanted the car fixed. 16 Q I'm looking for whatever else you have to tell 16 Q How much were the repairs? 17 me as to what actually occurred to you at the time of the 17 A Roughly a thousand dollars. It was an older 18 impact. 18 car, It was an '86. 19 A What actually occurred to me at the time of 19 Q An '86 what? 20 this impact was I looked over my shoulder, I jumped 20 A Pontiac 6000. 21 straight up in the air, I curled up. 21 Q Prior to the state police arriving, do you 22 Lieutenant Baker never put his brakes on. 22 recall anything that happened? 23 Lieutenant Baker never took his foot off that gas pedal. 23 A I recall I wanted security there, and I wanted 24 The tires were still throwing sod, He pushed my car that 24 a nurse. 25 way. 25 Q You asked for security to be called? Page 46 Page 48 1 I was the buffer between both of these 1 A Yes. 2 vehicles. When he let off the gas, I fell to the ground, 2 Q Who did you ask to call them? 3 and I rolled like a log away from both vehicles, He put 3 A The gate sergeant I believe was Ed Noms, 4 his car in drive, moved up very quickly, and put it in 4 Sergeant Ed Noms, 5 reverse. I thought the man was trying to run me over. 5 Q And were you seen by the nurse? 6 Q You're saying -- 6 A Yes, I was. They came out with ice and 7 A In my mind, I thought he was because of the 7 whatever first aid they were able to grab. 8 way it happened. No one looked at that situation could 8 Q Okay. Were there any medical records or did 9 understand how that happened the way it happened. In my 9 the nurse write anything down as to what your injuries were 10 mind at that time -- I have had no animosity toward 10 at the time, to your knowledge? 11 Lieutenant Baker whatsoever -- but in my mind at that time 11 A Maybe just on scratch paper. 12 I was -- what's the word I'm looking for? I was in shock, 12 Q Okay, Does the prison infumary keep medical 13 I was feeling pain like I never felt before in 13 records on you guys? 14 my life, from places I never thought would hurt that way. 14 A They do. In an accident, yes, I do recall the 15 I was afraid to look down for fear things wouldn't he 15 fonn she had, She had a fonn. 16 there, that's how bad I hurt. 16 Q What did the nurse suggest you do? 17 Q So Mr, Baker pulled forward and then began to 17 A Go to the emergency room. 18 reverse again? 18 Q Okay. Did you go to the emergency room? 19 A Urn-hum. 19 A I went where my employer directed me to go. 20 Q How far did he then go in reverse? 20 Q Okay, Which emergency room, did you go to? 21 A Not far. Maybe five feet. I saw his face in 21 A I didn't go to an emergency room. I went to a 22 the mirror at that time. He saw me. Put the vehicle in 22 little clinic, Concentra. 23 park, shut it off, came out. 23 Q You were told to go there by your employer, is 24 Q What was the conversation that took place? 24 that what you're telling me? I 125 A I don't recall. I was in shock. I really 25 A Yes. Susan M. Simon, Reporter-Notary Public Page 45 - Page 48 i: ~ , I ~~'-':!ii . Thomas P _ Cekovsky CondenseIt! 1M December 15, 2000 Page 51 Page 49 I Q Okay. Were you ever seen by an emergency room 2 following this accident? 3 A Following? No, not in the emergency room, 4 Q Okay. Before going to Concentra but after the 5 nurse evaluated you, did you meet with the state police 6 officer? 7 A Yes. 8 Q Do you remember about how long after the 9 accident it was till he arrived? lO A Maybe 40 nllnutes, maybe longer. II Q And in that 40 minutes, what were you doing? 12 A I was kind of sprawled on a chair at the main 13 gate with ice all over me. 14 Q Okay. When the police officer came, what do 15 you recall occurred? 16 A Excuse me, ma'am? 17 Q Did he ask you what happened? 18 A No. He asked me where the vehicles were. 19 Q Did you then walk out to the scene of the 20 accident? 21 A I walked as best as I could out to the front 22 gate. The gate sergeant ordered someone to take us up in a 23 state van. 24 Q Okay. So you were driven up to the area? 25 A Yes. Page 50 I Q Okay. Was Mr. Baker with you when you were 2 driven up? 3 A Yes, he was. 4 Q Do you reroember what you told the state 5 policeman when he asked you what happened? 6 A State policeman really dido' t ask me what 7 happened. He didn't ask either of us what happened. 8 Q Did the state -- 9 A He assessed the situation, and he asked who lO owned which vehicle. II Q Okay. And was that all the conversation that 12 occurred with the state policeman? 13 A No. After he assessed the situation, he asked 14 each one of us at that point what had occurred. 15 Q Were you all together when he asked you that? 16 A Yes. 17 Q Okay. And you heard what Mr. Baker said? 18 A Yes. 19 Q Do you reroember what he said? 20 A He said that I had pulled behind him -- 21 MR. WILLIAMS: Excuse me, are you asking what 22 Mr. Baker said earlier today or at the time? 23 BY MS. BAKER: 124 Q No, I'm asking you what you heard Mr. Baker 125 tell the state policeman that day. Susan M. Simon, :Reporter-Notary Public I A Okay. Lieutenant Baker told the state 2 policeman at that time that I pulled behind him, that I 3 caused the accident, that it was my fault. This is what 4 Lieutenant Baker told the state policeman, 5 The reason I remember that is because the 6 state policeman laughed about it. You know, a little 7 chuckle, you know, because it was like -- I was outside my 8 vehicle. He had pulled up by me. I'm locking my vehicle. 9 I didn't just speed up there and park behind him, I was lO there before -- II MR. WlLUAMS: The question is what you heard 12 Lieutenant Baker tell the state policeman. 13 mE WITNESS: Lieutenant Baker told the state 14 policeman that I pulled up behind him. 15 BY MS. BAKER: 16 Q Okay. What did you tell the state policeman? 17 A I told him that was untrue. I told him that I 18 came into the parking area, I parked my vehicle. As I 19 closed my door the fIrst time, I saw Lieutenant Baker pull 20 in, I saw him pull over that way. 21 I remembered I forgot my rosaries, I opened my 22 door, got my rosaries, put them in my pocket, locked my 23 door. Then there was impact then. 24 Q So it's your testimony you told the state 25 policeman everything you just told me? Page 52 I A Right. 2 Q Okay, So you went to Concentra that day. 3 What happened? 4 MR. WILLIAMS: Could I just interrupt you. 5 Are you fInished with the incident itself or the things 6 that we need for summary judgment? 7 MS. BAKER: I think basically. 8 MR, WILLIAMS: We may not be able to finish 9 the deposition because I know damages is going to take a lO little while. II (Discussion held off the record.) 12 13 BY MR. WILLIAMS: 14 Q Mr. Cekovsky, your shift that day was supposed 15 to start when? 16 A At 2 o'clock. Our briefIng -- we're required 17 to be there for a briefIng at 1:55, 18 Q That means physically present in the 19 institution along with the other correctional officers 20 whose shifts start at 2 p.m.? 21 A Yes, sir. 22 Q What time was it that this collision occurred? 23 A Approximately 1 :45. 24 Q Which, if I'm understanding your testimony 25 correctly, meant that you had about 10 minutes to get from Page 49 - Page 52 - . Thomas P. Cekovsky '.,' CondenseIt! 1M Page 53 1 the parking lot to the location in the institution where 2 the briefmg was to occur? 3 A Yes, sir. 4 Q As far as your pay is concerned, your day 5 starts when? 6 A The paid portion of my day begins at 2 p.m. 7 MR. WILLIAMS: That's all the questions I 8 have. 9 MS. BAKER: 1 have no further follow-up. 10 Just for the record, the damages portion of 11 this deposition is not completed, We may need to reconvene 12 at some point. All parties agree to do that if necessary. I3 (Sketch produced and marked as Cekovsky 14 Deposition Exhibit Number 1.) 15 (The deposition was continued sine die at 16 1:55 p.m.) 17 18 19 20 21 22 23 24 25 Susan M. Simon, Reporter-Notary Public '-&. -...,;,-,; I December 15,2000 Page 53 - Page 53 ~~ .-, . 54 COMMONWEALTH OF PENNSYLVANIA ) ) ss COUNTY OF DAUPHIN I, Susan M. Simon, do hereby certify that before me, a Notary Public in and for the County and Commonwealth aforesaid, duly commissioned and qualified, personally appeared THOMAS P. CEKOVSKY who was then by me first duly cautioned and (sworn, affirmed) to testify the truth, the whole truth and nothing but the truth in the taking of (his, her) oral deposition in the cause aforesaid; that the testimony given as above set forth was reduced to stenotype by me in the presence of said witness and afterwards transcribed by me or under my direction. I do further certify that said deposition was taken at the time and place in the foregoing caption specified. I do further certify that I am not a relative, counselor attorney for either party, nor am I otherwise interested in the event of this action. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of January, 2001. NOTARIAL SEAL SUSAN M, SIMON, N-otary Public Harrisburg, Dauphin County My Commission Expires Ocl. 30, 2002 ~~.O~ Susan M. Simon Reporter-Notary Public The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter. ~,- '< ., '-', .,,"- ---,,.',-- E X H I B I T S -,; ~ 1 i .," :!! .1 --.:i.. ,ii i;; '11 :U " . ,. ;:1 ': "I \ \ I \ \ r- ! '. ------.., -'C9 .':::' o ,,~ \ - -"------ . '> x> y 7". . X > '\ \ >-. \ \ \ '. '> ! ! ~-. ---- -,' ,,'.^-" <-- :j ......~ ..''-., / i I i ! ,: / 1\ .7 ( / ) .,,:~/ " J " /; II 1/ I ~\V , <.. \)\\ L.\I ,~ //-~ " I i ~ ~ / "...::., ~.-~-':::~- ..... 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Albright's[l] 16:5 38:6,2039:].7.9.]140:]9 amp[7] ]:13 7:20 8:14 alleviate [1] 27:25 40:]94]:1,6,942:10,18 8.169:2210:10 22:2 along[l] 52:19 45:22,2346:11,1750:] capacIty[3] 11:]713:]6 50:]7,22,23.2451:1,4.12 13:18 altercation [1] 18:l7 5]:13,]5,]952:753:9 Car[20] 3]:10 36:16.23 always [5] 11:10 24:2 Baker's [8] 34:2,540:15 37:2,4,938:9,13,15,24 29:]944:2347:15 41:242:12,19,2143:5 42:20,23,2543:845:11 angle [4] 38:14,17,19,22 ball [5] 37:18 39:16.]7.20 45:12,2446:447:15,18 animosity[l] 46:10 41:16 Care[4] ]4:1116:2517:1 ankle[l] 41:22 Barring[1122:2] 17:4 answeq6] 4:8 15:16 18:2 baseball[l] 26:6 cared [1] 24:10 2]:1542:15,16 based [1] 17:9 carelesslY[I] 35:1 answering [1] 17:23 basketball [l] 26:6 care~ [1] 35:4 APPEARANCES [1] beads [2] 37:1,4 carned [1] 47:7 1:19 . beating [1] 40'8 cars [5] 33:14,1638:16 applymg[l] 16'1 b d ' 38:2439:2 . ' e [2] 13:13 14 apprecIate[l] 19'14 b ' case[l] 42:2 . egan[l] 46:17 ugh ARD [1] 29:]2 be" ca t [2] 40:3 4]:]8 area[27] 8:11 ]4:]0 ]6'8 b ~nmng[2] ]:1516:2 caused[l] 51:3 ]9:224:7.827:6,829:25 eg?IS[I] 53:6 CekOVSky[ll] ].] 9 2'3 30:2,5.8,13,19,233]:]7 bebind[5] 33:]850:20 3:7.1I,12,]5,l7 1'7:8 . 31:2433:1436:2.6,14 51:2,9,14 52:1453:13 39:843:1944:5,2549:24 belt[3] 37:342:345:11 cellblock[4] ]5']0 51:18 benders [1] 23:6 16:14,1718:19 . areas [1] 20:21 bent [2] 43:245:13 certain [8] 4:248:13,16 amt[2] 20:741:22 BERNARD [1] 1:3 12:114:2,4 22:6,8 ~ [1] 42:1 best [1] 49:21 certainlY[3] 7:1617:18 ~v~d[1] 49:9 better[l] 10:2 3]:].5.. arnvmg [1] 47:21 between [9] 3:225:5 certifIcatIon [2] 3:4 arrOW[3] 32:2133:2,12 31:2332:3,640:3 41:19 ~2~ assess [1] 47:4 44:546:] C atr[l] 49:12 assesSed[2] 50:9,13 b~d[l] 11:]2 check[2] 40:13 44:25 assigned [3] 10:7 ]4:11 bIg[2] 37:16 42:23 ch~cked[2] 25:2240:]4 44:13 birth [1] 4:]8 childhood [1] 24:25 assignment [2] 10:8 bit [2] 22:]537:24 children [3] 28:6.8,13 ]9:l7 Bizousky[S] 24:13.18 chiropractor[3] 26:10 assume [3] 4:87:521:25 24:2425:2,5 26:14,22 assumeS[I] 42:8 Bizousky'S[I] 24:]6 c?UCkle[l] 51:7 attended [2] 8:129:9 block [3] 14:13,2420:3 CIrcle [5] 33:1934:]0 attention [3] 36:337:7 body!4] 41:13,20,24 43:1 ~5:23 38:],2 45:2 boot [4] 42:2443:245'7 CIrcles [1] 34:9 authorities[l] 47:8 45:8 . CIVIL[I] 1:3 automobile[l] 33:18 bOUght[l] 47:14 claim [1] 23:17 available [3] 11:22,23 box [3] 3:154:23 39:4 class [1] 15:23 27:~8 brakes [2] 40:10 45:22 cl~ar[l] 43:4 aVOld[l] 39:18 break[3] 4:1226:] 40:4 climb [1] ]9:15 aWare[3] 20:623:644:19 briefing[3] 52:16.17 clinic[l] 48:22 awaY[I] 46:3 53:2 close [1] 28:13 broke[2] 25:2245:13 closed[3] 36:2337:9 brought [1] 44:6 5]:]9 buffer[l] 46:1 closeql] 8:7 building[2] 31:34 collected[l] 23:20 bumper[5] 37:16'41:19 collision[l] 52:22 42:19,21,23 coming[4] 31:1234:14 bumps [1] 35:4 37:13 44:4 bunch[2] 33:14,16 COMMON[I] ]:1 companY[I] 15:20 compensation [1] 23:18 complaints [1] 34:22 complete [1] ]0:13 -B- B[I] 1:22 B-i-z-o-u-s-k-y [1] 24:]5 baby [1] 47:15 background[l] 8:9 backwards [2] 39:23.23 bad[IJ 46:16 Baker[50] 1:3,222:43:]0 -C- 3:]9,205:816:24 J7:2,]8 Camera[2] 44:4.6 Susan M. Simon, Reporter-Notary Public Index Page 1 . ~~ ' -",-, ,,,,,.,',.," "";b~i~lll"'~ _.' < U-J:JJ Thomas P. Cekovsky CondenseIt! 1M completed -happening December 15 2000 , completed [1] 53:11 D[l] 2:1 draw [I] 3]:]4 EXAMINATION [2] following [6] 9:11 13:8 completion [1] 6:20 dad [1] 47:]4 drawing [4] 33:1238:7 2:23:9 15:8 16:1249:2,3 complies [5] 32:2,17.22 damages [2] 52:9 53:lO 38:20,24 examinations [1] lO:]6 follows [1] 3:8 33:8.21 dashboard [1] 37:2 dreW[4] 32:634:9,13 except [1] 3:5 foot [3] 42:2243:]245:23 Concentra [3] 48:22 date[o] ]:144:185:]4 38:22 Excuse [2] 49:]650:2] forgot[l] 51:21 49:4 52:2 6:15,]87:9 drive [0] 35:7,9,1436:5,9 exert[2] 16:17 ]7:3 form[s] 3:516:2017:7 concentrate [2] 15:2 days [3] ]2:20,2] 2]:5 46:4 Exhibit [1] 53:]4 ]8:342:7,1448:15,15 2]:7 DEARDORFF[l] ]:20 driven [2] 49:24 50:2 EXHIBITS [1] 2:8 formal [1] 6:18 concentr;1ting [1] 16:13 December[2] ]:146:25 driver's [1] 35:]2 expected [1] 22:]9 forth [1] lO:15 concentration [1] ]6:22 decrease [1] 13:22 driving [2] 34:]6.20 explain [2] 13:7 ]8:15 forward[l] 46:17 conceme4 [1] 53:4 deer[2] 23:8,11 drove [9] 33:9,17 34:25 expressed [2] ]9:21,23 frame[3] 11:512:1513:2 concernS!2] 19:920:2 DEFENDANT[3] ]:4 35:17,]9,20,2] 38:640:11 expressly [1] 20:3 free [1] 27:11 conjuncqon[l] 3]:17 I:l 0,23 Dill[l] 28:24 extensively [1] 17:8 friend [1] 5:]4 constantly [1] ]5:4 degree [2] 8:2] 15:9 duly [1] 3:8 extreme [1] 2]:6 front[l.] 12:24,25 ]5:2 constructed!l] 31:23 DEMANDED [1] ]:4 during [3] 3:23 12:15 extremelY[l] ]9:]4 33:437:21,22,23 39:5,]0 construction [2] 29:20 dent [1] 42:22 40:23 49:21 29:23 dust [1] 35:3 eye [1] 25:22 full [1] 3:13 contact[5] 41:13 42:11 department [9] 8:13 9:8 duties [1] 21:25 9:21 lO:2,4,8 43:23.24 -F- 42:20.22 43:5 44:9 duty[s] 13:16,18,2314:3 -6- contend [1] ]2:9 depend[l] 14:lO 14:5,2520:2442:3 F [2] 37:20 38:]2 game[l] 18:19 continued[1] 53:15 depict [1] 34:1 I face [1] 46:2] control [13] ]4:12,13,24 -E- facing [2] 38:]] 39:11 gas [3] 40:11 45:2346:2 deposition [0] 1:9 3 :23 gate [10] 31:536:2544:5 15:916:]7,2517:],4,9,17 52:953:11,14,15 E[l] 2:1 fact [1] 18:4 47:6,6,748:349:13,22,22 18:5,18 19:2 describe [1] 34:24 earn[2] 11:1812:6 fair [1] 4:9 general [3] 13:1,1 31:11 controlling[2] 16:14 described[1] 35:15 earned[l] 12:lO familY(7) 16:lO 24:9 generally [3] 22:22 20:3 conversation [2] 46:24 die [1] 53:]5 earning[9] 10:2411:17 25:3,3,4,6,8 30:22 43:22 50:11 different [2] lO:1827:24 13:19.2022:11,14.15,16 far[12] 16:2118:3,lO 25:4 girlfriend [2] 5:1,4 convicted[l] 28:19 difficult [1] 15:2 23:2 30:431:240:15,1641:2 glad [2] 3:25 4:5 difficulty [1] ] 6:13 east [4] 31:20,21 32:4 46:20,21 53:4 goes [1] 18:3 correct[7] 6:13 30:17 44:22 fault[l] 51:3 32:437:2238:641:6 Dillsburg [3] 5:11.19 Ed [2] 48:3,4 fear [1] 46:15 good [2] 38:7,23 43:lO 26:]7 EDELSTEIN[211:12 feeling [4] ]9:3.546:13 grab [1] 48:7 correctional [2] 6:8 directed [1] 48:]9 ]:22 47:4 graduate [2] 9:6 lO:13 52:]9 direction [2] 39:5,11 educational [1] 8:8 feelings [1] 19:23 graduation [1] 9:11 corrections [s] 8:13 9:8 directly [3] 33:25 42:20 effect [2] 6:247:10 feet [3] 39:2543:11 46:21 grass [1] 33:1 lO:2.5,9,12,14,20 43:5 fell [1] 46:2 grew [1] 24:8 correctlY!I] 52:25 discontinued [1] 28:3 effectively [1] 19:7 counsel[ol 3:232:2.17 discuss [1] 20:9 effects [2] 18:2220:18 fellow [1] 15:5 ground [1] 46:2 32:22 33:8.21 discussed [1] 20:3 eitheT[2] 11:1 50:7 felony [1] 28:22 group [1] 22:8 county[2] 1:129:8 eligible [1] 8:1 felt [1] 46:13 Grove (7) 5:13 6:17,22 couple [3] 5:2 ]4:4 29:] discussing [1] 27 :23 emergencies [1] 18:12 Fender[l] 23:6 2]:2122:1,9,12 Discussion [1] 52:1 I grow [1] 24:7 course [1] 3:23 disoriented [I] 43:2] emergency [9] 25:18,23 Fentanyl[2] ]5:2].22 growing [1] 24:lO COurt[4] I:] 4:145:13 26:448:17,18,20.2149:1 few[l] 2]:14 29:8 Disregard [1] 37:25 49:3 figured [1] 37:8 guess [3] 29:1237:22 distance[3] 40:1241:7 employed [2] 7:20 9:]2 39:6 covered [1] 20:20 43:9 employer[2] 48:19,23 file [1] 23:17 gueSsed[l] 36:15 credits [2] 8:249:1 distinction [1] 18:4 filed [1] 34:22 gueSSing[lJ 41:11 crime [4] 22:7 28:20,22 dizziness [1] 19:2] employers [2] ]4:18,21 filing [1] 3:4 guilty [1] 28:]9 28:23 encourage [1] 3:24 fine [2] 11:2 32:10 crossed [1] 38:2 dizzy [1) 19:14 engine [2] 37:11 39:14 finish [2] ] 8:24 52:8 guys [1] 48:13 crushed [1] 42:5 doctoT[2] 16:9 25:4 enter[2] 3]:732:18 doctors [3] 25:3,6,9 finished [1] 52:5 -H- CUMBERLAND [I] doesn't[l] 38:8 entrance[2] 31:5,6 first [17] 7:9,]8,19,23 8:2 I:l equipment [1] 44:7 9:12 10:7,8 15:11 16:5 H-e-c-k-e-r-t [I] 45:6 Curl[2] 39:]9 4 1:22 dollars [I] 47:]7 eradicate [1] 19:25 2]:]024:]626:21 27:13 H-u-d-z-e-l [I] 5:23 curled[7] 37:]7,1839:15 done [3] 9:]6 ]9:25 37:8 ESQUIRE[2] 1:20,22 34:648:751:]9 half["] 9:3 11:l5 13:13 39:]7,2141:]545:2] door(7) 36:2337:3,4,9 estimate [I] 13:3 five [1] 46:21 ]9:]82]:847:7 custody[3] 14:11 17:1,4 51:]9.22.23 ET[I] 31:21 fixed [I] 47:15 hallwaY[I] 4:4 cut [I] 37:16 down [5] 4:]433:25 35:3 evaluated [I] 49:5 Flowers [I] 19:12 hand [3] 25:15,2226:1 cutoff[l] 22:8 46:]548:9 Flowers' [I] 19:]9 handcuff [I] 42:2 DPW [I] 9:23 event[IJ 17:]6 cyst [IJ 25:15 Dr[14J 16:4,5,924:13,16 exact [II 38:8 flying [I] 35:3 handcuffs [2J 43:245:13 24:18,2425:2,4,5,526:15 exactly [2] 21 :22,23 focused [I] 19:3 happening [2] 40:2 -D- 26:16,19 exam [I] 21:3 follow-up [I] 53:9 44:16 Susan M. Simon, Reporter-Notary Public Index Page 2 _ L'JiJ' ~.' , Thomas P. Cekovsky .~' '_'l_ '-'~"""I "~~~i;__ CondenseIt! TM .......,.. *i;'i, Harrisburg - o' clock December 15,2000 Harrisburg[l] 5:18 including[lJ 12:J5 kids[l] 28:17 log [I] 46:3 morphine[l] 20:J8 hate [1] 13:3 income [4] 12:]2,15 killed [1] 40:5 Logan[l] 7:7 motion [I] 40:1 head[2] 4:1523:25 20:21 21:2 kind[4] 18:1736:]5 longer[2] 6:849:10 motor[2] 23:5,14 hear[3] 4:317:2537:10 Indiana[lO] 3:J64:24 38:11 49:]2 100k[5] 15:2] 31:]6 move [3] 22:1836:4 heard[61 4:939:1445:2 5:1,4,5 6:18 8:12,20 24:7 kinds [I] 27:10 36:21 37:1246:15 37:19 50:17,2451:11 25:25 knees [I] 44:6 looked [6] 36:2,8,9 40:20 moved [3] 6:15,1946:4 hearing [I] 40:4 indicate [2] 39:547:9 knew [I] 44:10 45:20 46:8 movement[2] 14:13 Heckert [2] 45:5,5 indica:ted [I] 16:12 knocked [I] 40:6 looking [7] 36:11,11,15 18:18 held [I] 52:11 indicating [2] 41 :23 knowing[2] 30:14,16 36:2045:15,1646:12 Ms [25] 2:43:10 5:3.8 hereby [I] 3:2 43:3 knowledge [7] 21:18 losses [I] 12:12 16:2417:2,1818:821:17 infinnary [I] 48:12 lost [3] 12:9 20:2] 21:2 28:15,1834:1538:2039:1 hidden [1] 17:13 30:13 31:1 43:644:17,18 39:940:1941:1,6,942:10 high [51 8:11 9:6,11 19:5 initial!11 47:3 48:10 lots [2] 29:2444:16 42:1850:23 51:15 52:7 26:5 injuries [13] 3:22 12:9 loudly [I] 4:5 53:9 Highspire [I] 16:8 12:2213:914:916:13,16 -L- lying [I] 37:1 must [2] 37:24.24 16:1820:2221:223:9 Hill[7] 1:137:208:14,16 26:7 48:9 labor[l] 9:16 -M- 9:22 10:10 22:2 injllIY[2] 14:1526:6 ladder[l] 19:16 -N- himself [I] 41:5 inmateS[6] 17:9.1418:5 large [3] 17:9 18:18 19:2 M[I] 1:11 N[I] 2:1 hip [S] 26:841:21.2242:1 18:11 22:1,4 last [6] 7:1533:1840:16 ma'am[5] 4:]76:77:1 name[6] 3:13,1811:25 42:3 inside[2] 3]:2] 32:] 40:17,20,22 8:2349:16 ]6:524:1627:5 hips [1] 44:5 Instead [2] 19:1 39:3 late [1] 40:12 mailing [2] 7:4,5 names [I] 6:2 hit [3] 23:8 39:22,22 institution [7] 6:9,18,20 lateral [4] 6:177:23 main [3] 3]:544:549:]2 narcotic [I] ]5:23 hit-and-miss [I] 27:9 2]:2] 32:1852:]953:] 2]:2422:12 Major[l] 20:13 nature [2] 8:]7 26:6 hitting [I] 23:11 intended[2] 29:16,]8 laughed [1] 51:6 makes [2] ]4:23 15:]2 nausea [1] 19:4 holding [I] 44:5 interactions [I] 18:11 Lauralee [2] ]:223:19 man [4] 34:2245:1,446:5 near [I] 29:17 Holy[l] 25:25 intercede [I] 18:6 LAW[I] 1:3 manned [1] 44:22 necessary [I] 53:12 home [2] 8:7 13:2 intermpt[l] 52:4 lawsuit [3] 3:2024:4,5 manner[2] 35:]538:15 neck [I] 26:2] hooked [I] 45:11 investigative [1] 44:7 learn [3] 12:8,11 ]7:]9 MARGOLIS[2] ]:12 need[7] 4:11 11:25 17:23 hoped[l] 23:2 involved [I] 23:5 least [I] 34:2] ]:22 ] 7:25 38:9 52:6 53: 11 hospital [3] 9:25,25 issued[11 34:21 leave [I] 10:1 marked [2] 2:853:13 needed [I] 27:21 25:10 itself [I] 52:5 led[3] 8:5 ]0:1 ]6:]2 marks [I] 43:16 needs [I] 18:3 hospitals [I] 9:22 IUP [I] 9:2 left [7] 33:23,24 41 :22,22 married [I] 28:4 neVer[6] 40:10,1145:22 hour [10] 11 :3,] 7 ]2:11 41:2242:22,24 MARTSON[I] 1:20 45:2346:13,]4 13:1914:2021:8,822:14 -J- leg [2] 41:2242:J may [3] 19:652:853:11 next [2] 33:13 35:J8 22:22 44:23 legs [4] 37:J6,18 39:18 mean [6] 13:728:2,21 night [I] 21:8 hourly[3] 9:18 10:25 J[I] ]:20 job [5] 14:6,8.11 27:24 44:6 35:240:174]:4 nod [I] 4:]5 11:1 length [I] 39:24 means [2] 13:]752:]8 noise [2] 37:10 45:2 house[l] 41:8 44:23 less [I] 14:] meant [2] 6:]652:25 Norgesic[l] 15:20 housing [I] 8:]9 jobs[4] 9:13,14.]6,17 level [I] ]4:14 medical [3] 13:4 48:8,]2 normal [3] 14:624:25 Hudzel [2] 5:23 6:5 judgment[l] 52:6 Lieutenant[12] 19:12 medication [6] ]5:12,]5 29:]2 hurt [2] 46:14,]6 judgments [I] 15:6 ]9:19 37:8 39:7 45:22,23 15:18 18:22 19:5,5 normallY[5] 19:221:8 July [I] 7:11 46:11 51:1,4,12,13,19 medications [I] 15:24 22:1932:1535:4 -1- jump [3] 37:15 39:19 life [I] 46:]4 medicine [I] 25:3 Norris [2] 48:3,4 41:]6 Likewise [I] 4:3 ice [3] 44:548:649:13 jumped[81 37:1739:]7 meet [II 49:5 nothing [2] 19:24.24 idea [11] 8:99:]4 11:20 limitations [3] 16:22,23 men [I] 44:10 notice [I] 13:22 39:20,2] 41:15,17.17 17:13 ]2:4.13 13:422:2425:21 45:20 limited [8] 13:]6,18.23 mental[2] 9:2218:19 noticed[l] 32:24 27:731:239:5 June [14] 5:166:3 10:17 midair [I] 41:]8 notified [I] 47:7 14:3.5.25 ]8:14 20:24 imagine [2] 22:10 43:11 ]0:2411:1423:426:8,10 line [5] 32:6.20 34:13 38:4 might[3] 20:212]:1 November[2] 16:229:5 immediatelY[3] 34:1 26:19,2427:2,1530:20 38:5 23:23 nOW[21] 4:236:6,12.14 34:10 40:23 3]:10 mind [3] 46:7.10,11 12:815:1916:11 ]7:4 impact [11] 34:340:2] JURY[I] 1:4 Lisbum [2] 33:4,6 18:9,13 21:21 22:1626:14 list [I] 27:]7 minute [3] 34:23 36:1,8 40:23 4]:242:2543:1 Juvenile [I] 22:5 minutes [4] 47:349:10 33:2236:4,2237:23 38:1 44:2245:10,18,205]:23 live [3] 4:24 5:1,6 49:11 52:25 38:5,9 45:7 impacted [4] 40:]242:13 -K- lived [I] 5:4 mirror [I] 46:22 number[7] 4:21,235:15 43:1.17 lives [I] 15:6 8:24 ]0:2] 13:] 53:14 impacting[l] 41:24 keep [4] 17:]233:12 living [2] 5:20,22 miss [I] 12:21 nurse [5] 47:2448:5.9.16 important [I] 47:13 44:]548:12 located [4] 6:67:3 ]6:7 missed [2] 13:5 20:25 49:5 imprint [I] 42:24 kept [1] 42:]2 26:16 moment[l] 37:]2 improperly [I] 3:18 key [3] 37:3.10 45:12 location [2] 4:24 53:] month[5] 6:2311:]5,20 -0- incident [41 20:14,]5 keys [4] 36:2445:11.]2 locked [1] 5] :22 29:3 30:15 0[2] 3:]54:23 45:13 months [I] 14:4 44:20 52:5 kicking [I] 43:17 locking [2] 37:J0 5]:8 o'clock [1] 52:]6 Susan M. Simon, Reporter-Notary Public Index Page 3 I~ u " ~ ",)11 'II b i~" ., "....'~....:. ;.ii"~Ii: = Thomas P. Cekovsky Condenselt! 1M object - sergeant December 15,2000 object[4] ]6:20 ]7:642:7 part[7] 17:918:1830:25 Pontiac [1] 47:20 21:2 23:9 42:14 41:20,2442:1943:4 POOrlY[I] 21:9 -R- resume[2] 14:617:20 objections [1] 3:5 particular[4] 11:420:9 portion [2] 53:6,10 raise [1] 22:23 return[l] ]5:9 observance[11 19:1 24:944:14 position [41 10:11,18 rate [1] 40:11 returned [1] 14:25 observant[l] 15:3 parties [2] 3:3 53:12 14:1721:21 reaction [I] 15:7 rev [2] 37:11 39:14 obtain [I] 8:21 past[2] 35:2536:5 positive [I] 20:18 reading [I] 3:3 reverse [3] 46:5,18,20 occasion [2] 19:10 26:20 patch[5] ]5:2016:120:7 possibility [I] 22:21 real [I] 38:7 reversed [I] 4]:4 20:16,17 OCCur[2] 19:1753:2 patdown [I] 36:24 possible [II 12:18 realize [II ]7:13 RHU[2] 8:17,18 occurred [8] 22:20 45:9 possibly [1] 40:7 realized [I] 36:25 right [29] 3:184:1,6.16 45:17,1949:1550:12,14 pay[S] 12:18,1922:13 potentially [I] 20:25 really[.] 5:1511:22 9:20 15:1925:7,1533:4.7 52:22 36:3 53:4 34:7.10,11,1235:18.25 power [I] 19:1 12:23 13:20 14:427:9 occurrence [I] 21:6 paycheck[2] 13:2314:1 practicing [I] 24:22 38:23 46:25 50:6 37:4,13 38:3,7,13 39:6,10 off [16] 12:5 13:9,11 14:5 paying [I] 37:7 40:15,2241:2142:143:2 pre-injmy [I] 17:20 reason[6] 17:725:14 52:1 20:2323:2537:3,1639:18 pedal [I] 45:23 preoccupied [II 18:21 26:2327:21 38:351:5 road[3] 1:13 31:23 33:3 40:10 43:1 45:8.23 46:2 pedestrians [I] 35:5 reckless [I] 34:20 46:23 52:11 preparing [I] 30:4 roadway [I] 32:3 offered [5] 6:17 7:24 8:3 Pennsylvania [10] 1:2 prescribed [I] 16:3 recollection [2] 43:18 rolled [1] 46:3 1:13 3:164:255:2,56:]8 44:21 21:]4,18 7:8 8:12,21 present [2] 5:]0 52:]8 room [I.] 10:325:18.23 office [1] 43:13 people [5] ]2:1 30:12,19 pretty [I] 21:9 reconvene [1] 53:11 26:448:17,18,20,2149:] officer [8] 5:23 9:24 30:23 32:25 Previously [2] 30:9,11 record [3] ] 7 :24 52: II 49:3 10:12,14,2045:549:6,14 53:10 rosaries [2] 51:21,22 per[l] ]2:18 prey[l] 17:14 records [3] 13:4 48:8.13 officers [4] 5:24 6:2- percent [2] 22:25 23:1 prison ['] 27:1830:25 rectangle [I] 31:24 rosary [2] 37:1,4 44:2452:19 percentagl) [2] 22:23,24 31:3,4.10 33:543:13 rotate [1] 11:10 officers' [1] 15:6 perl1aps [I] 39:3 44:1648:12 referred [I] 27:20 RoughlY[2] 22:1747:17 older[l] 47:17 period[4] 11:7,912:18 probation [I] 29:12 referring[4] 31:5,632:9 rule [I] 12:17 one [16] 6:14 16:25 19:8 13:6 problem[2] 18:1725:19 45:4 run [I] 46:5 19:10,1320:12.2321:9 Periodically [I] 44:25 proceeded [I] 33:13 relate [I] 45:9 23:1526:2027:928:10 relevant [I] 19:24 45:11,1246:8 50:14 periods [11' 12:19 proceedings [I] 29:8 remain [I] 7:5 -S- open [2] 6:22,23 person [5] 12:127:13,17 produced[2] 2:753:13 remember[.] 4:13 9:4 safe [I] 44:24 opened[3] 37:3,451:21 27:22 28:1 promotion[l] 22:21 10:23 29:2 44:4 49:8 50:4 salary[2] 22:11,18 opportunity [2] 12:6,14 Peter [1] 3:15 Promotional [I] 21:3 50:19 51:5 satisfied [1] 28:2 opposed [3] 4:15 13:23 photographs [6] 43:12 proper[1] 47:7 remembered[l] 51:21 saw [22] 26:14,2027:13 18:5 43:15,19.22,2544:3 property [2] 30:25.25 removed[l] 25:15 32:2533:934:6,7.14,16 ordered [I] 49:22 physical[21 9:1617:12 Providing [I] 10:16 repairs [I] 47:16 35:7,9,1436:1037:13 originally [1] 16:24 physically [3] 17: 16 psychiatrist [I] 27:1 repeat [1] 15:13 40:16,18,19,2246:21,22 ]8:17 52:18 51:19,20 OTIO [I] 1:20 physicals [I] 25:1 psychologist [I] 27:1 rephrase [2] 3:25 36:13 scale [I] 22:13 outside[2] 35:11 51:7 physician[2] ]6:10 psychology[l] 17:10 report[3] 20:14,1531:15 scene [I] 49:19 overtime [6] II: 18,21 24:10 Public[2] 1:11 9:21 reported[l] 47:10 schedule [1] 6:21 12:2,6,1520:25 physicians [I] 25:3 pull [6] 34:736:1437:19 reporter [I] 4:14 scheduled[l] 21:5 owned[l] 50:10 picture [I] 31:14 38:175]:19,20 REPORTER-NOTARY schooh5] 8:11,179:6,11 Pike [I] 5:18 pulled [8] 26:21 38:9 [I] 1:11 26:5 -P- 45:846:1750:2051:2,8 Pine [6] 6:17.2221:21 51:14 represent [I] 3:20 schooling [I] 8:10 P[6] 1:1,92:33:7,154:23 22:1,9,11 PunxsutawneY[4] 7:8 request [61 8:5 32:2.17 Sel[6] 7:208:13,169:15 p.m[4] 11:6,653:6,16 placers] 1:]25:247:14 8:11 24:8,19 32:22 33:8,21 9:22 10:7 p.m. [I] 52:20 29:9 46:24 pushed [4] 39:23 40:4 required[l] 52:16 scratch [I] 48:11 page [1] 34:10 places [I] 46:14 43:8 45:24 reserved [I] 3:6 sealing [I] 3:3 paid[3] .10:2 14:20 53:6 plaintiff[3] 1:1.2124:5 put[221 5:147:1811:25 residing [6] 5:9,10,17,18 Sean [3] 5:23 6:1,5 pain [6] 15:4 18:23 19:4 plans [1] 7:15 14:1719:1430:631:21 6:27:4 second [2] 37:1440:2 31:25,25,2532:3,1633:16 respective [I] 3:3 21:643:2046:13 PLEAS [I] 1:1 33:1937:4,2040:10 45:22 respond[7] 15:517:11 security [8] 4:21 9:24 paper[l] 48:11 pled [I] 28:19 43:12,23,2444:847:23 park[7] 29:17,1830:2 pocket[2] 37:551:22 46:3,4,2251:22 17:1618:11,16,2519:6 47:25 32:1540:13 46:23 51:9 point[.] 9:1817:9,20 -Q- response [4] 6:14 15:6 see [IS] 24:2326:14,18.23 parked [I'] 29:19 30:7 21:736:337:839:450:14 17:2419:19 27:1,4,12.2228:1 30:19 30:2331:3,4,10,1732:12 53:12 questions [5] 3:21 4:14 responses [I] 4:13 34:236:20,2140:141:12 33:18,20,22,23 34:11 police[.] 31:1543:15.19 6:15 15:1653:7 responsibilities [3] seeing [3] 28:7,12 40:9 38:13,15,16,2439:251:18 43:2147:8,11,2149:5,14 quicklY[6] 15:518:16 14:6,8,11 selected[2] 11:2412:1 parking [25] 29:16.18.19 policeman [11] 50:5.6 19:635:1,646:4 rest [I] 44:7 sentence [I] 29:11 29:21,22,23 30:1,5,12,19 50:12,2551:2,4,6.12,14 quite [4] 7:169:221:25 restate [II 14:7 separate [I] 38:20 31:18,22,2532:4,2533:1 51:16.25 30:24 Restricted [I] 8:19 September[l] 4:20 33:9 34:25 35:14 37:9,20 policy [1] 7:19 result [6] 12:5,9,22 20:22 38:10 44:16 51:18 53:1 sergeant [3] 48:3,4 49:22 Susan M. Simon, Reporter-Notary Public Index Page 4 I ,",. L 'i......., ~ "" .'., -- '"'-_:.-._~~ lfli.oi': Thomas P. Cekovsky . CondenseIt! 1M sergeant's - Young's December 15,2000 sergeant's [2] 2]:5,11 spot [lJ 38:2] 48:24 20:23 27:]4,]4 28:13 29:1 Walters [3] 26:]5,]6.19 sergeants [1] 22:22 sprawled [1] 49:12 ten [2] 39:2443:11 29:2 34:9 38:20 warnings [1] 34:21 several [5J 5:249:13 2]:5 stairs [lJ ]9:15 test [2] 21 :5,11 type [6J 8:99:14 16:9 watch [4] 36:4 44:23 34:21.22 staked [31 29:253]:22 testified[2J 3:840:]9 22:1 25:1927:24 45:13.]4 severity [1 J 22:7 31:25 testify [lJ 16:22 types [1] 22:4 ways [1] 38:21 shake[1] 4:15 staked-off[1] 31:]7 testimony [3J 40:21 weaknesSeS[l] ]7:14 Shannon [1] 26:15 staked-out [5] 30:2.5,8 51:2452:24 -u- week [2] 13:13 19:]8 sharing [1] 5:24 36:2,6 tests [lJ 21:9 Um-hum[3] 32:733:11 weeks [2] 13:13 20:23 shattered[2] 42:445:14 stakes [1] 30:6 therefore [2] ]6:1436:15 46:]9 weird [1] 37:14 shift[8] 11:5,7,14,16,22 standing [1] 35:11 thin Icing [1 J 40:5 under[l] 20:19 welcome [1] 4:12 11:23 29:14 52:14 Start[4] 10:4 16:1 52:]5 Third[2J ]6:6,7 understand [8] 3:24 Welfare[l] 9:21 shifts [4] 11:10,1212:18 52:20 Thomas[7J 1:1,9,202:3 12:10,2517:18,22 ]8:23 whatsoever[l] 46:11 52:20 started [1] ]6:24 3:7,]545:5 42:9 46:9 William[2J 16:6,7 shock: [3] 43:21 46:12,25 starts [2] 10:1253:5 thought ['] 19:627:24 understood [1] 4:9 Williams [26J 1 :20.20 shoulder[2] 37:1245:20 state [27J 9:17,18,22,24 36:1,5,]437:1446:5,7,14 unemployment [2] 2:45:3,616:20 ]7:],6 show [4] 20:1835:20 9:25 14:12 32:8 43:15,18 thoughts [2] 18:2420:4 23:20,21 18:221:1528:10.16 34:13 43:13,16 43:21 47:8,11.21 49:5,23 thousand[l] 47:17 unifOrm[11 38:24 38:1939:340:] 7,2241:4 shut [1] 46:23 50:4,6,8,12,2551:1,4,6 three[2J 6:1912:]7 unit[l] 8:19 42:7,1450:21 51:1] 52:4 51:12,]3,16,24 University [2] 8:12,21 52:8,13 53:7 side [2] 35:]242:1 stationary[lJ 13:17 through [2] 32:18,20 wind [1] 40:6 sides [1] 40:8 throwing [2] 40:9 45:24 unmistakable[l] 34:]7 stay [1] 13:2 unmistakablY[2] 34:18 witness [18] 2:23:75:5 sideways [2] 39:24 40:4 staying [2] 5:13 7:7 times [3J 6:1926:328:1 34:19 5:721:1628:1232:2,] 7 signing [1] 3:3 Steve [1] 20:13 tires [2J 40:9 45:24 untrue [1] 5]:17 32:2233:8.2134:1438:23 signs [2] 32:2533:10 still [8] 6:10,]2 10:20 todaY[4J 3:2015:15 up [44] 5:26:209:18 39:641:742:9.165]:13 similar [1] 21:25 22:1424:]8,2].2245:24 23:1550:22 10:15,17 20:18 22:18 24:7 witnesses [2] 44:]9.2] SIMON[l] 1:11 stipulated [11 3:2 tOgetheT[l] 50:15 24:8,10 30:6 33:17,18 WOman[2] 28:7,]2 sine [1] 53:15 STIPULATION [1] Tom[lJ 45:5 35:11,17,2236:3,5,13 Woodville[l] 9:24 situation [5] 18:10 20:1 3:1 too [1] 4:4 37:15,17,18,2439:15,17 word[2J 16:2546:12 46:8 50:9,13 stop [1] 40:20 took [8] 7:1437:3 43:15 39:19,20,21,2141:15,17 worked[6] 9:17,2110:17 41:18,2343:1745:21,21 situations [lJ 15:5 stopped [5] 35:22,23,25 43:19,2544:245:2346:24 46:4 47:7 49:22,24 50:2 24:327:1930:17 six [1] 27:11 36:1,16 top [3] 12:11 18:1923:25 51:8.9.14 workers' [1] 23:17 Sketch[2] 2:953:13 stores [1] 9:18 tore [1] 43:1 works (3) 6:8,10,12 sleep [1] 15:4 straight [3J 38:17.21 Torrance [1] 9:25 -v- worried[1] 17:15 slept [1] 21:7 45:21 toward[2] 39:846:10 V[1] 1:2 wrist [2] 45:13,13 slow [2] 15:1240:1 Street [1] 7:7 tower[6] 19:13 31:20.21 vacations [1] 12:16 write [2J 33:6 48:9 slowing [lJ 35:3 stress [2] 27:23,25 32:4 44:22,22 vaccinations [1] 24:25 social [1] 4:21 style [1] 34:20 town [1] 5:25 -x- sod[4] 40:9,943:1745:24 submit [lJ 20:13 track [lJ 44:15 van [1] 49:23 vehicle [41] 23:5,1434:3 X[7] 2:1 33:1934:1038:1 sole [2] 43:1 45:8 SUCh[l] 8:16 TraileT[lJ 5:13 34:5,835:5,10,12,19,21 38:2,2] 39:3 solely [1] 16:21 suggest[l] 48:16 trained[lJ 18:6 36:537:20,21 39:11,22 X's [1] 33:16 someone [2] 27:1949:22 summary [1] 52:6 trainee [1] 10:13 39:22.22,2340:4.1541:3 sometimes [11 4:3 SundaY[l] 20:13 training [21 8:15 10:]3 41:12.2542:6,12.12,20 -Y- somewhere[lJ ]9:15 superviSOr[l] 20:10 trainings [2] 8:13,16 42:21.2543:1,5,5,17,17 yard[2] 18:1944:24 46:2247:13,1450:1051:8 sort [1] 18:12 supervisors [3J 19:8 transdermal [lJ 15:19 51:8,18 yards [3] 31:841:8.10 sorts [2] 24:23 26:18 20:4,6 transfer[16J 5:146:15 vehicles ['] 33:23,23 year[8] 7:11,14,159:6 space [2] 37:2038:10 supposed[3] 15:319:13 6:17,19,247:3,9,15,17.18 35:25 40:3 41:19 45:1 12:1723':8,11 27:1] 52:14 7:23 8:2,2,6 21:25 22:12 46:2,349:18 speak [1] 4:5 SUSAN[l] ]:11 traveled [1] 39:12 verballY[l] 4:14 yearly [1] 10:25 speaking [11 10:25 suspicious [1] 45:1 trial [2] 1:4 3:6 video [1] 44:15 years [11] 5:27:209:3,4 specialists [2] 25:8 9:921:1427:1428:13 26:23 sustained [2] 3:22 12:9 TRINDLE[l] 1:13 visitors' [5] 29:18,22 29:1,1.2 specificallY[l] 44:11 sworn [1] 3:8 tripped [lJ 26:2 32:14.2533:10 yell [2] 40:5,8 Speed[l] 51:9 symptoms [11 19:22 truck[S] 37:1340:841:18 visits [1] 27:11 yet [2] 6:2221:24 speedily[l] 17:16 41:20,21 VL [1] 32:16 York[l] 29:10 -T- truthfullY[2] 15:16,17 Young's [1] 5:13 spelh1] 24:14 table [1] 39:24 try[4J 3:174:13 12:17 -w- spin [lJ 43:16 37:23 spinning [11 40:9 takes [1] 7:16 trying [7J 12:8,11 17:12 wages [11 12:8 Spirit [1] 25:25 taking[5] 15:14.18.19,24 17:1940:846:547:4 wait [lJ 28:21 split [3] 5:237:]440:2 36:25 turned [lJ 45:3 waived [1] 3:4 spoke [2J 19:11 45:1 task [1] 44:14 twisted [1] 26:20 Walk[3] 31:9,11 49:19 spoken [3] ]7:8 19:8,12 telling (3) 17 :22 20: 15 two [11] 7:209:3 13:13 walked [2] 47:649:21 Susan M. Simon, Reporter-Notary Public Index Page 5 ~- Bernard Baker, Jr. 1 TRQMAS P. CEKOVSKY, PLAINTIFF IN THE COl1RT OF COMMON PLEAS Cl1MBERLAND COUNTY, PENNSYLVANIA 2 v. 3 CIVIL ACTION - LAW NO. 2000-4993 JURY TRIAL DEMANDED BERNARD BAKER, 4 DEFENDANT , , 9 DEPOSITION OF: BERNARD BAKER, .ffi. 10 TAKEN BY: PLAINTIFF 11 BEFORE : SUSAN M. SIMON REPORTER-NOTARY PUBLIC 12 PLACE: MARGOLIS EDELSTEIN 13 3510 TRINDLE ROAD CAMP HILL, PENNSYLVANIA 14 DATE: DECEMBER 15, 2000 " BEGINNING 11;00 A.M. 16 17 18 19 APPEARANCES; 20 Ml\RTSON, DEARDORFF, WILLI1\MS & OTTO BY: THOMAS J. WILLIAMS, ESQUIRE 21 FOR - PLAINTIFF 22 MARGOLIS EDELSTEIN BY: LAURALEE B. BAKER, ESQUIRE 23 FOR - DEFENDANT 24 25 I N D E X 2 WITNESS EXAMINATION 3 BERNARD BAKER, JR. By Mr. Williams By Ms. Baker 3 2B , B EXHIBITS; PRODUCED AND MARKED 9 1. Three-page police report 10 10 11 12 13 14 15 16 17 18 19 20 21 22 ~cgIPW 23 24 25 Susan M. Simon, Reporter-Notary Public -~ ~"~~~ ,,"-- """II",*,'~-I CondenseIt! 1M December 15,2000 Page 3 I STIPULATION 2 It is hereby stipulated by and between counsel 3 for the respective parties that reading, signing, sealing, 4 filing and certification are waived; and that all 5 objections except as to the form of the question are 6 reserved until the time of trial. 7 BERNARD BAKER. JR., called as a witness, being 8 duly sworn, testified as follows: 9 E~ATIDN 10 BY MR, WILLIAMS: 11 Q Would you state your full name and address 12 please. l3 A Bernard Baker, Junior. 397 Center Street, 14 Enhaut, 17113-1512. 15 Q Have you ever given testimony before? 16 A Yes, sir. 17 Q On what type of cases? 18 A During the riot, I gave testimony. 19 Q Criminal court cases? 20 A Yes, sir. 21 Q How about civil court, like a deposition? 22 A Yes. 23 Q In what type of cases? A lawsuit? 24 A Yeah, lawsuit. 25 Q Can you give me an example? Page 2 Page 4 I A Divorce. 2 Q Anything else? 3 A When I worked for the state police, I gave 4 testimony, and when I was a policeman, I gave testimony. 5 Q Where were you a policeman? 6 A Gettysburg. 7 Q When you say you gave testimony as a member of 8 the state police and as a member of the Gettysburg police 9 department, were they in criminal cases as opposed to civil 10 cases? 11 A Yes, criminal. 12 Q Let me just ask a little bit about your l3 background, Could you tell us about that, how you got into 14 corrections and where you started? 15 A Well, I worked for the Department of 16 Corrections and the Pennsylvania State Police for almost 27 17 years, I worked for the state police for almost 10, and 18 Department of Corrections May will be 17. So almost total 19 of 27 years. 20 Q Where did you start out in law enforcement? 21 A Gettysburg Borough Police. 22 Q How long were you with Gettysburg? 23 A Couple years. 24 Q As a patrolman? 25 A Yes, sir, Page 1 - Page 4 ~ " . -", ..x,- Bernard Baker, Jr. CondenseIt! TM December 15, 2000 Page? . Page 5 I Q Then got accepted to the police academy? . 2 A No, I was a civilian employed by the state 3 police. I was communications officer. 4 Q I see. Never went through the academy then? 5 A No, sir, 6 Q Never patrolled? 7 A No, sir. I worked the desk, and I worked in 8 their NCIC, National Crime Information Center. 9 Q Then you went in to corrections about what 10 year? II A May the 3rd, 1984. 12 Q And have you been at Camp Hill that whole 13 time? 14 A Yes, sir. 15 Q We used to call that White Hill. Is there a 16 difference? 17 A No, it's the same thing. It used to be for 18 juveniles. Then it was White Hill. After they started 19 taking adults, then it became State Correctional 20 Institution of Camp Hill. 21 Q All right. You, of course, know Mr. Cekovsky 22 seated next to me, do you not? 23 A Yes. 24 Q For the record, what is your relationship with 25 him? Page 6 I A I guess supervisor at times. I'm a lieutenant 2 assigned to different zones in the institution, and he at 3 times works for me. 4 Q In your opinion, do you get along okay with 5 Mr. Cekovsky? 6 A As far as I know. 7 Q No hard feelings either way that you're aware 8 of? 9 A Not that I'm aware of, no. 10 Q All right. Directing your attention to the II date of June 22, 1999, do you recall when you were going to 12 work that day? 13 A I don't understand what you mean. When being 14 time? 15 Q Yes, the time of day. 16 A I worked the 2:00 to 10:00 shift, so it would 17 have been approximately quarter of 2:00, somewhere in that 18 area. 19 Q About quarter to 2:00? 20 A Somewhere in that area, 21 Q Do you recall that there was construction 22 underway so that the employees had to park at a different 23 area than they usually parked in at that time? 24 A The parking lot was being constructed at that 25 time. That was the construction. Susan M. Simon, Reporter-Notary Public I Q Okay. As a result of the parking lot being 2 constructed, was there a different place that you had to 3 park? 4 A Well, we were using the parking lot. It 5 wasn't finished. You know, it was in the process of being 6 completed. I mean, there were people parking there, but it 7 was not done. 8 Q The surface at that time was what, when you 9 say it wasn't done? 10 A It was macadam. That's what they were doing, II putting down macadam and lines, 12 Q So in June of 1999, you were parking on a 13 macadam surface? 14 A No, the incident occurred up off the macadam. 15 It was up on the grass outside the parking lot. 16 Q Why were you on the grass outside the parking 17 lot? 18 A Because the parking lot was fulL 19 Q In the days leading up to June 22,1999, say 20 the week or two prior to that, were you usually parking on 21 the grass, or were you usually parking on the macadam? 22 A Usually on the grass because by the time I get 23 in, it's usually pretty fulL And I got a big truck, so -- 24 Q What were you driving that day? 25 A My Dodge truck. Page 8 I Q What model is that? 2 A It's a four-wheel drive Dodge Ram. 3 Q Is there a model that goes with that. like a 4 Ford F-150 or something? Does Dodge have an equivalent? 5 A I don't know. I don't know what it is. It's 6 just a Dodge Ram. 7 Q Okay. So when you came to work that day, you 8 noticed that the parking lot was filled, and so you had to 9 park on the grass adjacent to the parking lot where you 10 usually parked? II A Yes, sir. 12 Q Is there any way you can estimate for us about 13 how many vehicles were already there, both on the parking 14 lot and the grass? 15 A No, sir. 16 Q All right, Are you familiar -- let me 17 rephrase that. 18 On June 22nd, 1999, were you familiar with the 19 car that Mr. Cekovsky drove? 20 A No, sir. 21 Q Did he work the same shift as you did at that 22 time? 23 A Yes, sir. 24 Q Had you ever noticed him coming to work prior 25 to June 22nd, 1999? Page 5 - Page 8 ~ ,. b~llI;:;,j Page 9 CondenseIt! 1M December 15,2000 Bernard Baker, Jr. I A I might have, but it doesn't mean anything. . 2 Q Okay. So as you pulled in to the parking lot 3 on June 22nd -- strike that. Not the parking lot, on the 4 grass adjacent to the parking lot on June 22nd, 1999, would 5 you describe what happened. 6 A Well, 1 pulled up on the grassy area to go 7 down to the lower end of the parking lot because I saw the 8 lot was fulL And when 1 got down to the lower end, 1 9 didn't want to park down there because 1 thought I'd get lO parked in. So 1 started backing up to park in the middle II of the lot on the grassy area. 12 Q Have you given any statements to anybody other 13 than your attorney with regard to how this incident 14 happened? 15 A Yes. 16 Q Who did you give that to? 17 A The trooper that investigated the accident. 18 Q Anyone else? 19 A No, sir. 20 Q Do you have a copy of the trooper's report? 21 A 1 do not personally have a copy, no. 22 Q Have you seen a copy of it? 23 A Yes, 1 have. 24 Q I guess we'll mark this as Baker 1, and ask 25 you if that's the report that you were referring to? Page 10 I A That's the one that I saw, yes. (Three-page 2 police report produced and marked as Baker Deposition 3 Exhibit Number 1.) 4 BY MR. WILLIAMS: 5 Q When you reviewed that report, did you notice 6 anything about it that you felt was not accurate? 7 MS. BAKER: Just for the record, Tom, page 1 8 is not before the witness right now. You have page 2 and 3 9 of the report here, lO MR. WILLIAMS: Do you have page 1 that we can II use? 12 MS. BAKER: I can make a copy, if you'd like. 13 MR. WILLIAMS: Yes, please, but for now 14 perhaps just let him look at it. For some reason I don't 15 have page 1 of the report. 16 MS. BAKER: I'm sorry, did you ask him to read 17 it? 18 MR. WILLIAMS: The question was whether having 19 reviewed the report he saw anything on there that he did 20 not believe was accurate. 21 MS. BAKER: I'll just ask you to read it one 22 more time to make sure. 23 And just for the record, the witness is simply 24 reading the narrative portion of the report as opposed to 25 the total report, Susan M. Simon, Reporter-Notary Public Page 11 I MR. WILLIAMS: Well, my question was broader 2 than just the narrative portion of the report. 3 MS, BAKER: Well, it's a little hard for him 4 to know what the numbers are that the police officer uses 5 on the fIrst page. 6 MR. WlLUAMS: So he would have no reason to 7 believe that they were inaccurate. 8 MS. BAKER: Well, he doesn't really know what 9 they are, what they mean. So with that understanding -- lO you know what I mean? II MR. WlLUAMS: That's understood, 12 MS. BAKER: All right. 13 THE WITNESS: Do you want to ask me the 14 question, so I make sure 1 know what it is now please? 15 BY MR. WILLIAMS: 16 Q Sure. Having reviewed the report of the state 17 police that you referred to earlier in your testimony, do 18 you see anything on there that you believe to be 19 inaccurate? 20 A Concerning the narrative, no. 21 I'm not quite sure what his drawing means here 22 as far as -- he has pedestrian and then a little line, but 23 the line stops at the beginning of the vehicle. He wasn't 24 at the beginning, at the front of the vehicle. Impact 25 point is about right where he would have been. Page 12 I Q If you would look at the drawing, could you 2 tell us the parking lot that you have referred to in your 3 testimony, would that be where with respect to tbe drawing? 4 A The parking lot would have been to the front. 5 Q That would be below the vehicles that are 6 drawn on the state police drawing? 7 A It's below the vehicles, yes. 8 Q The direction that you referred to as the 9 lower end of the field that was the overflow of the 10 parking, would be in which direction? II A It would be in this area down here 12 (indicating), 13 Q That would be, as you're reading the report, 14 off to the left? 15 A Yes, sir. 16 Q And it appears from the report .. and you 17 correct me if I'm wrong .- that you drove your vehicle down 18 to the lower end, and then being concerned that you might 19 be parked in, you backed up to an area you thought would be 20 better to park at? 21 A Yes, sir. 22 Q When you say the lower end, does that mean 23 that that portion of it was at a lower elevation, that is, 24 downhill? 25 A No, I mean just lower area, not lower Page 9 - Page 12 Bernard Baker, Jr. .. ~.- Page 13 CondenseIt! 1M December 15, 2000 Page 15 1 depth-wise. J. Q When you say lower area, do you mean a farther 3 from where you had to go to get into the facility? 4 A No, not really any further, no, 5 Q I'm not sure what you mean by lower end then. 6 Could you explain that a little? 7 A This being upper end, closer to wbere you come 8 in, this being lower end, further from wbere you come in. 9 Q Can you estimate for us about how far you 10 backed your vehicle from where you were down at the lower 11 end to when you backed it up next to Mr. Cekovsky's car? 12 A Maybe from here to that tree away. That tree 13 right there to where we are now. Maybe not that far. 14 MS. BAKER, Can you tell him in feet? 15 BY MR. WILLIAMS, 16 Q About 50 feet? 17 A It's not 50 feet to that tree. 25 feet. I'm 18 not good on distance, but I don't think that's 50 foot. 19 Might be. 20 Q Well, I don't want to put words in your 21 mouth, What is your best estimate of the distance? 22 A 25 foot, 30 foot. 25, 30. 23 Q How about car lengths? 24 A I can't tell you, to be truthful. 25 Q You have no idea about how many car lengths Page 14 1 you backed up? 2 A No. 3 Q Okay. When was the fIrst time that you 4 realized that something was wrong? 5 A It would have been upon impact with his 6 vehicle. 7 Q As far as your observation and attention in 8 the driver's position of your vehicle, what caused you to 9 realize that something was wrong? How did you know that 10 there was an impact? 11 A Because my vehicle stopped, and there was a 12 bang. I knew I hit something, but I didn't know what. 13 Q As you were backing up, were you checking 14 behind you? 15 A Yes, 16 Q How were you checking behind you? 17 A Mirrors. 18 Q How many mirrors do you have? 19 A Left, right, rearview. 20 Q You don't have a cap or anything on the back 21 of that pickup, do you? 22 A Yes, sir, I do. 23 Q Even with the cap, are you able to look 24 through the rearview mirror in the center of the car? 25 A You can, but my truck sets high, so I go Susan M. Simon, Reporter-Notary Public 1 mostly by my outside mirrors. 2 Q Was there one or the other that you were 3 looking through as you were backing up? 4 A I checked them all when I started to back up. 5 Q You looked from one to the other and back 6 again? 7 A Yes, sir. 8 Q You specifically recall that on this day, or 9 are you testifying to that from your usual practice? 10 A No, I'm testifying because that's what 11 happened. 12 Q All right. As you were backing up from the 13 lower end of the parking field, did you see a car back 14 there which turned out to be Mr. Cekovsky's car? 15 A No, sir. IfI'd saw him, I wouldn't have 16 backed into him. 17 Q Same question with regard to Mr. Cekovsky 18 himself, did you see him there? 19 A Do you want to ask me that again please? 20 Q Yes. As you were backing up from the lower 21 end of the parking field, you testified that you did not 22 see Mr, Cekovsky's car. My question is did you see 23 Mr. Cekovsky himself? 24 A No, sir. 25 Q Did you see anyone in the vicinity? Page 16 1 A There were other cars in the vicinity, but, 2 like I say, I didn't see -- there was nobody behind me. 3 Q Where were those other cars with respect to 4 where Mr. Cekovsky's car was? 5 A They would have been in the front of the 6 parking area down here, closest to the prison. 7 Q About how far from where his car would have 8 been parked? Let me restate that. About how far from 9 where his car was parked? 10 A Maybe two car lengths away. II Q Okay. If I can summarize then what you just 12 said, as you were backing up looking through your outside 13 rearview mirrors, you heard a bang, and your truck 14 stopped. Correct? 15 A Yes, sir. 16 Q What did do you at that point? 17 A I pulled forward and got out of the vehicle to 18 see what I backed into. 19 Q What did you see? 20 A I saw Cekovsky and his vehicle. 21 Q Did you notice anything unusual about 22 Mr. Cekovsky? 23 A He had some minor cuts on his arms. 24 Q Did you see him at any time before you pulled 25 forward and got out of your vehicle? Page 13 - Page 16 ,,~~~ ~ ~ - ,<', - _~~.,fu,. Page 17 Condenselt! TM December 15, 2000 Bernard Baker, Jr. I A No, sir. .2 Q Did you see any damage to his vehicle? 3 A Yes, sir. 4 Q Would you describe that damage. 5 A Damage to the driver's door and the window was 6 busted out on the side driver's door. 7 Q When you used the word "bang" to describe the 8 impact with Mr. Cekovsky's vehicle, were you referring to a 9 sound or a feeling? 10 A Yes, a sound, sound and a feel. II Q Could you describe what a bang sounds like? 12 Was it like -- 13 A It's like two pieces of metal hitting together 14 is a bang. 15 Q Broken glass, did you hear that? 16 A No, sir, 17 Q Do you believe that YOW' vehicle came into 18 contact with Mr. Cekovsky's vehicle? 19 A Do I believe that? 20 Q Yes. 21 A Yes, sir, 22 Q Other than the noise and the damage to the 23 vehicle that you observed, do you bave any other reason to 24 believe that you came into contact with him? 25 MS. BAKER: Other than that his vehicle Page 18 1 stopped, as he told you? 2 MR. WILLIAMS: Yes. 3 THE WITNESS: Ask me again, I don't-- 4 BY MR. WILLIAMS: 5 Q Okay. You said you heard a bang, yoW'vehicle 6 stopped, you pulled forward, you got out, and you saw 7 damage to Mr. Cekovsky's vehicle. 8 A Right. 9 Q Other than those things, do you have any 10 reason to believe that your vehicle came into contact with II his vehicle? 12 A I had damage to my vehicle. Other than that, 13 no. 14 Q What was the damage to YOW' vehicle? 15 A It would have been right rear bumper and small 16 area of the quarter panel. 17 Q Has that damage been repaired? 18 A No. 19 Q Okay, When you walked back after getting out 20 of your truck, tell me what happened. 21 A Well, I saw he had cuts to his arms. I asked 22 him if he was all right. He stated he was okay. I told 23 him I wanted to get him checked medically. 24 I wanted to report it. He didn't want it 25 reported. He said that. He also stated it's my fault, I Susan M. Simon, Reporter-Notary Public Page 19 1 shouldn't have pulled in behind you. He stated that two or 2 three times. 3 Q Anything else of that conversation you can 4 recall? 5 A No. I took him up to the institution, and I 6 notified my shift commander of the incident. And I told 7 the shift commander I wanted to get him checked medically. 8 And control center notified the state police. 9 It didn't actually -- I told him I wanted it reported 10 because of injwy to him. II Q Do you know why Mr, Cekovsky didn't want it 12 reported? 13 A I can only assume. I can't answer truthfully. 14 Q What is your assumption? 15 A It's my assumption -- I don't-- 16 MS. BAKER: You can answer the question. but. l? again, he has no -- 18 THE WITNESS: I have no knowledge then why he 19 didn't want it reported, no. 20 BY MR. WILLIAMS: 21 Q Do you know now? 22 A Well, I heard he had a DU! and he didn't want 23 to report it. That's what I was told. I don't know. 24 Q Where did you hear that? 25 A I can't answer it truthfully. What? Page 20 I Q Where did you hear that from? 2 A Work. 3 Q Who told you that? 4 A I don't know who it was. 5 Q Do you have any idea why having a DU!. if 6 indeed he had one, would be reason why he didn't want to 7 report this? 8 A Do I have any reason? No. 9 Q I mean, I know things go on in a prison that 10 have significance that those of us who don't work there may II not realize, and I'm just wondering if there is something 12 there that would indicate to you that this would be a 13 problem in reporting an accident with another employee? 14 A Other than it's another incident involving-- 15 that would have to be reported to your insurance company, 16 that's the only reason. 17 Q When you say you took him up to the 18 institution, he was going up there anyway, wasn't he? 19 A Right, but I went up with him. I took him 20 up. I walked up with him, 21 Q When did the state police ultimately contact 22 you? Was it that day or the next day? 23 A Oh, no, it was the same day. 24 Q Was that in the institution or did you meet 25 them outside in the field? Page 17 - Page 20 Bernard Baker, Jr. , -'. "ho,,-' "" " CondenseIt! 1M Page 21 December 15,2000 Page 23 1 A We came out. ,2 Q When you say we, was Mr. Cekovsky there also? 3 A Yes. 4 Q Tell us as much detail you can recall what 5 happened when you and Mr. Cekovsky and the trooper wont out 6 to the field. 7 A We told him what happened as far as the 8 accident, how it happened. how it occurred. 9 Q Did you loll him anything different or in 10 addition to what you have told us here today? II A Huh-uh. 12 Q How about Mr. Cekovsky. did you hear what be 13 told the trooper? 14 A I can't remember what he told him. I mean, we 15 would have put it preny much the same thing. both of us 16 standiog there. 17 Q Just so I'm clear on this, you have no 18 recollection today of what Mr, Cekovsky told the 19 investigating trooper on the day of the accident, is that 20 correct? 21 A Well, like I say. we were both standing there, 22 so we both agreed it occurred the way we said. I mean, if 23 I'd have said something that was incorrect. I'm sure be 24 would have cleared it up at that point. 25 Q Well, then maybe we better take a minulo just Page 22 I to have you restate what your recollection is of what you 2 told the state police on that occasion in as much detail as 3 you can recalL 4 A I already told you what I told the state 5 policeman. 6 MS. BAKER: Is there some inconsistency that 7 you1re-- 8 MR. WILLIAMS: Well, I think there is an 9 inconsistency, yes. I know what Mr. Cekovsky has told me 10 about how the accident happened and what he told the state II police, and it's different from what this witness says, so 12 I want to be absolutely clear about this. 13 MS. BAKER: Your question is exactly what this 14 witness told the state police? 15 MR. WILLIAMS: Exactly. 16 MS. BAKER: Okay. What did you tell the state 17 police officer happened? 18 TIlE WITNESS: I told him that I was backing 19 through the parking lot, that he pulled in behind me and 20 parked. I didn't see him. I backed into him. 21 BY MR. WILLIAMS: 22 Q Anything at all about injury that you recall 23 being told to the state police? 24 A Yes, he asked about injuries, yes, 25 Q What was told to him that you recall? Susan M. Simon, Reporter-Notary Public I A I do not recalL He was standing right 2 there. He would have told him. I mean, it was like we 3 were standing together. It wasn't like he was over there 4 and I was over here with the state trooper. 5 Q I understood what you meant by the first part 6 of that answer but not the second part. The first part you 7 said you don't recall what was said about the injury 8 because Mr. Cekovsky said that to the state police. And 9 then you said you were all standing there together. 10 A Yes. II Q Is that right? 12 A We were standing there together. I don't 13 recall what he said in June, I was a little bit upset and 14 concerned. I wasn't really, you know, worned about what 15 he was saying. I was worned about getting him checked and 16 getting him taken care of. 17 Q Was he checked and taken care of, to your 18 knowledge? 19 A Yes, he was. 20 Q By whom? 21 A As far as I know, he went into the dispensary 22 at Camp Hill and was checked there, and then he was taken 23 to a hospital to be checked. 24 Q All right. And as far as what happened at the 25 dispensary or the hospital or subsequently following Page 24 I regarding his medical condition or treatment, do you have 2 any personal knowledge of that? 3 A No, sir, 4 Q Did anybody tell you anything about that. 5 other than your attorney? 6 A No, sir. 7 Q Now, you have continued to work with 8 Mr, Cekovsky as you have testified since June of 1999, have 9 you not? 10 A Yes, off and on, yes, He's not always I] assigned to my area, but... 12 Q You have seen him on a regular basis since 13 then, correct? 14 A On and off, yes. I mean, if he doesn't work ]5 my area and he's over on the other side of the jail, I 16 don't see him. 17 Q Can you estimate for us how often he would 18 work your area? Once a week, once a month? 19 A No, it's a hit-and-miss type thing. 20 Q W ouId I be correct in saying that you have 21 essentially seen Mr. Cekovsky on at least a weekly basis 22 since June of '99, 23 A At least once, yeah. 24 Q Have you been able to observe his job 25 performance since June '99? Page 21 - Page 24 ~.J''''':. " _C'_ - ", _, ~ ,_.,,~ . ~ ~" " iI,;~",,__ Page 25 CondenseIt! 1M December 15, 2000 Bernard Baker, Jr. 1 A Like I said, it's a hit-and-miss type thing. . 2 Sometimes I have him, and sometimes I don't have him. 3 Q On those occasions when you had him and you 4 were able to observe him, what has been your observation? 5 A No problem that I can see, 6 Q He does his job well, would you say? 7 MS. BAKER: Object to the form. You can 8 answer. 9 THE WTINESS: No better or no worse than 10 anybody else, I'd say, I mean, he's -- I don't know what II the word is I want. Meets standards. 12 BY MR. WILLIAMS: 13 Q Have you observed any difference in 14 Mr. Cekovsky before this incident versus since the 15 incident? 16 A What do you mean difference? 17 Q Anything physical, anything mental, anything 18 personality-wise? Let me break that down for you, 19 Have you noticed anything about him physically 20 that's different now than it was before June 22ml, 1999? 21 A No. 22 Q The way he walks, the way he moves, the way he 23 picks things up, anything? 24 A No, not as far as n every once in a while he 25 walks with a limp, but nothing -- it's not a continuous Page 26 I thing. One time he does, one time he doesn't. 2 Q You're speaking of since June 22nd. 1999? 3 A Yes. 4 Q How about from the mental aspects of the job, 5 have you noticed any difference? 6 A No, 7 Q How about his personality, have you noticed 8 any difference? 9 A No, 10 Q Has anything been reported to you regarding 11 Mr. Cekovsky or this case by anyone else other than your 12 lawyer? 13 A I don't know what you mean. Like? 14 Q Well, I'm trying to make the question as broad 15 as possible. 16 A I'm sure you are. 17 Q I can break it down. Has anyone that works at 18 the prison said anything to you about Mr. Cekovsky since 19 June 22nd, 1999, other than in the regular course of your 20 work? 21 A 22 Q 23 A 24 Q 25 A No. Nothing about this lawsuit? No. Nothing about his medical treatment? No. Susan M. Simon, Reporter-Notary Public Page 27 ] Q Other than what you may have heard from your 2 lawyer, do you have information from any other source about 3 his medical condition or his treatment? 4 A No, sir. 5 Q How about any information about his personal 6 life, where he lives, for example, or who he's seeing? Any 7 of that information been brought to your attention by 8 anyone other than your lawyer? 9 A I would have no reason. I don't care where he 10 lives or who he sees. 11 Q I'm sure you don't, but my question is whether 12 that has been brought to your attention, whether you wanted 13 to know it or not? 14 A No. 15 Q Gossip is not unheard of in the Camp Hill 16 Slate Correctional Institution, is it? 17 A No, it's not. Gossip is not unheard of 18 anywhere anymore, 19 Q Has Mr. Cekovsky been the subject of any 20 gossip that's been brought to your attention? 21 A I heard he's dating a girl at the institution, 22 that's alL Like I say, I don't care, It's nothing to me. 23 MR. WILLIAMS: Okay. I think that's all, but 24 let me just talk with Tom for a moment. 25 (Mr. Williams and Mr, Cekovsky confer out of Page 28 1 the deposition room from 11:30 a.m. unti11l:32 a.m.) 2 BY MR. WILLIAMS: 3 Q Just a couple more questions, sir. Probably 4 wrap this up. 5 Where you aware that Mr. Cekovsky was taking 6 the sergeant's test shortly after this incident? 7 A No, sir. 8 Q Were you aware that after this incident that 9 he was off work for a nwnber of months? 10 A Was I aware that he was offfor a couple II months? 12 Q Yes. 13 A No. 14 MR. WILLIAMS: Okay. That's all the questions 15 I have. Thank you. 16 MS. BAKER: I just have a few follow-up. 17 18 BY MS. BAKER: 19 Q Looking at Baker 1 which is the police report, 20 specifically the diagram section of the police report, can 21 you tell us how you entered the parking area by using this 22 diagram? 23 A I came in off of Lisburn Road, came down to 24 the edge of the parking lot, and then up along the grassy 25 area to the top. Page 25 - Page 28 ,~ ~~ Bernard Baker, Jr. CondenseIt! 'I'M Page 29 1 Q By the edge of the parking lot, you're talking .2 about the end of this rectangle marked "Lisburn Road" by 3 the police officer? 4 A I would assume that would be the end of the 5 parking lot, yes. 6 Q And you turned right there, and then drove up 7 along the grass at the top of the diagram? 8 A Yes. ma'am. 9 Q Okay. Is that area where you were going to 10 park and Mr. Cekovsky parked an area in June of 1999 where 1 I generally employees of the prison parked? 12 A At that time, because the parking lot wasn't 13 finished, they were parking up along the grassy area, 14 Q So that was a yes? 15 A Yes. 16 Q Okay, And how far is it from that area where 17 the accident occurred to the prison? 18 A To the east tower, it's about 30 feet, 25, 30 19 feet, somewhere around there. 20 MS. BAKER: Thank you. That's all I have. 21 (The deposition was concluded at 11 :34 a.m,) 22 23 24 25 Susan M. Simon, Reporter-Notary Public ".-," "," ~J'_,",-,j December 15,2000 Page 29 - Page 29 ~ I --- --". A -;,- ,~ " 30 COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF DAUPHIN I, Susan M. Simon, do hereby certify that before me, a Notary Public in and for the County and Commonwealth aforesaid, duly commissioned and qualified, personally appeared BERNARD BAKER, JR. who was then by me first duly cautioned and (sworn, affirmed) to testify the truth, the whole truth and nothing but the truth in the taking of (his, her) oral deposition in the cause aforesaid; that the testimony given as above set forth was reduced to stenotype by me in the presence of said witness and afterwards transcribed by me or under my direction. I do further certify that said deposition was taken at the time and place in the foregoing caption specified. I do further certify that I am not a relative, counselor attorney for either party, nor am I otherwise interested in the event of this action. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of January, 2001. NOTARIAL SEAL SUSAN /;I, SIMON, Notary Public Hamsburg, Dauphin County My CommiSSIon Expires Oct. 30. 2002 )~~1h Ot~ Susan M. Simon Reporter-Notary Public The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter. ..., """"0'" ,v/A 000832 -0.:3 ffi COMMONWEAL TH OF PENNSYLVANIA ~ POUCE ACCIDENT REPORT . . ._.______Il{."""UllI.E I I NON. REPORT_EI . 1 PEHNOOr USE CINl y .4L'G 2 :':;C" , xx -RHt ~ Hlf1VlUlAYSlIU!'i ~ t, ..cUNT I NlMER i :Z. AGENCY ACCIDENT . LOCATION 20. COOMTY ('vmBC.4l.A.-.l 21. -----.....:rrv 0.....<:'/1. A &.1. 02.- PRINCIPAL ROADWAY INFORMA nON ~:_~'':::('A"'/I....I,,,s~, PlIl.oc.,,,,c.lor CAS, ~: ~. J!LJ~~~v__~n~~;" / __ INTERSECnNG ROAD: :ze AOUTENO,M~. .....---.----.---... STREET NAME 21:-SPUO---- - '--i"il.,niie .)ACCE&S _ tal'!... l- HIGHWAY - CONTROl. 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POINT 5' I StAtus 0 ~ sPEED '5]~VEHW::lE :S;ORIVER r~5:[)RMR---"-i-' GRADIENT " . PRESENCE . - C:ONDITION i"':R II /6 ~2 77 51ST';" I sa DRMR B ...... B c/J..IIAP:D A~C,4.. 59. DRIVER i """""ss 'U7 c.~~_'''-'/!.---2L 60. crtY, STATE ~ &lFCOOE r;. H Hc.J'f 6t,SEXAo1 82,QAtEOF 'J /u BATH 0 A 3" 601. COIlotM. VEH. 65. ORM.R C Y II N \d ClASS . 61. CARRF.r:I- UNITt 2 ]8 lEGAllY Y N 31. REG. , 'IJI] PlATE )g,PA' . '-OR"-- OUT -of.Sf 4O.0YM!R 31. STATE 81. CARRIER """""SS eO. crrv. sf ATE & llPCOOE .... USOOTI ei..tiRiiUi-- ------ """"'.. M. CrrY. STATE &l1'COOE 70, USOOT . ICC J PUC' l',t.~ .~- u.~r:~----'- 1].CARGO , 14. r?r~=s .. .. --. i '-f"";Q~O~ 13 14.GV't'YR 13., - CQNFIG. 15. NO. Of AlCl.ES I .JEH I CONfIG 15 NO Of AXLES "".45171981 rtPE 18 HAl AROOUS UATER.......S .L 17, RElEASE Of' W41::'; ~r 0 N 0 tH<;LI ; "......VOl ~HSTf, 33g4C;04 PAGE: ~1llIII,ijJI~ UlUl!~i.,~,;~~tj,"; 1 - ~ . ~- 'I~~..". '"."""""~. '~,,;~ ~',-- , N/A 000834 COMMONWEAL THOF PENNSYL VANIA PAR CONTINUATION SHEET 1S'OOTAa.E NQN.IVORTAIILE 0 ACClllENT 0 C. :12 q NTV 2./ AIlllAESS H J K L (C<<.4.J€' ,..t CJ /,4 "" Ots'} '-',-' .,.\ i' :'1 ,:~ ...;j~ ..~ .;1( ,. ,__'l .~ :./~ . " .....:,~:~ :~,;. .'.-..-" ,J' ;,~ ~~ "',~ ;ii! :;:1t1 - [J [J D D .", ';,'f? ;~'~ ';"'.~':"l ~~~ ~~'f\i' ..:'~ : ~'-t~ .. ~~ .....1l .' /.~ .y; '1:~ '~~~?,; .",. 89. DESCRIBE VKJLAllONS DO. 5ECTIOHNU~RS(ONlYI CHARGED) T NT ro. E:SULTS 0 f.C lEST o REFUSE O. Of.., 0 UNK 92. 93. ESUlTS [] t<<:lTEST 94.IAA'ESTlGATlON o REFUSE C(M'lETE 7 0.__'1. DUNK "". '~NO 0 PAGE: ~ CfNT[R fOR HlGl-<W4Y SAFETY AA.c5C('t92f again [4] 15:6,19 18:3 broader[l] II:] conversation [1] 19:3 drawing[4] 11:2] 12:1.3 -'- 19:]7 Broken[l] 17:15 copy [4] 9:20,21,22 10:]2 12:6 ; 99 [2] 24:22,25 agreed[l] 2]:22 brought [3] 27:7,]2,20 conect [5] 12:17 16:14 drawn [1] 12:6 aImOst[3] 4:16,17.]8 bumper[l] 18:15 21:2024:13,20 drive [1] 8:2 -I- along [41 6:4 28:24 29:7 busted[l] 17:6 Conectional [2] 5:19 driver's [3] ]4:817:5.6 29:13 27:16 driving [1] 7:24 1 [7] 2:99:24 10:3.7,10,]5 always [1] 24:10 -C- corrections [41 4:14,16 droVe[3] 8:1912:1729:6 28:19 anSWer[5] 19:13,16,25 4:185:9 DUI [2] 19:2220:5 10[2] 2:94:17 23:6 25:8 Camp[5] 1:135:12.20 COunsel[l] 3:2 duly [1] 3:8 10:00 [1] 6:16 23:2227:15 COUNTY[I] 1:1 anyway [1] 20:18 During[l] 3:18 11 :00 [1] 1:15 APPEARANCES [1] cap [2] 14:20,23 couple [3] 4:2328:3.10 11:30 [1]28:1 1:19 Car[12] 8:1913:11,23,25 course [2] 5:21 26:19 -E- 14:2415:13,14,2216:4.7 11 :32 [1] 28:1 area [20J 6:18,20,23 9:6 16:9,10 court [3] 1:1 3:]9.21 E[I] 2:1 11 :34 [1] 29:21 9:11 12:11,19.25 13:2 Crime [1] 5:8 15 [1] 1:14 16:618:'1624:11.15,18 care [4] 23:16,1727:9,22 criminal [3] 3:194:9,11 east [1] 29:18 28:21,2529:9.10.13,16 cars [2] 16:1.3 EDELSTEIN[2] 1:12 17 [1] 4:18 anns[2] 16:2318:21 case [1] 26:11 CUMBERLAND [1] ]:22 17113-1512 [1] 3:14 aspects!l] 26:4 cases [5] 3:17,19,234:9 1:1 edge [2] 28:2429:1 1984 [1] 5:11 assigned[2] 6:224:11 4:10 cuts [2] 16:2318:21 either [1] 6:7 1999 [11] 6:11 7:12,19 assume!2] 19:13 29:4 caused[l] 14:8 -D- elevation [1] 12:23 8:18,259:424:825:20 assumption [2] 19:14 Cekovsky[24] 1:15:21 employed [1] 5:2 26:2,1929:10 19:15 6:58:]915:17,2316:20 D[I] 2:1 employee[l] 20:13 attention [5] 6:10 14:7 16:2219:11 21:2,5,12,18 damage[8] 17:2,4,5,22 -2- 22:923:824:8,21 25:14 employees [2] 6:22 27:7,12,20 26:11.1827:19,2528:5 18:7,12,14,17 29:11 2[1] 10:8 attorney [2] 9:13 24:5 29:10 date [2] 1:146:11 end [13] 9:7,8 12:9,18.22 2000 [1] 1:14 aware [5] 6:7,928:5,8,10 Cekovsky's [7] 13:11 dating [1] 27:21 13:5,7,8,11 15:13.21 29:2 2000-4993 [1] 1:3 away [2] 13:12 16:10 15:14,2216:417:8,18 days [1] 7:19 29:4 22 [2] 6:11 7:19 18:7 DEARDORFF [I]! 1:20 enforcement[l] 4:20 22nd[7] 8:18,259:3,4 -B- centeT[4] 3:13 5:8 14:24 DECEMBER[l] ):14 Enhaut[l] 3:14 25:2026:2,19 19:8 DEFENDANT[2] 1:4 entered [1] 28:21 25 [4] 13:17,22,2229:18 B[I] 1:22 certification [1] 3:4 1:23 equivalent [1] 8:4 backed [7] 12:19 13:10 27 [2] 4:16,19 13:11 14:1 15:1616:18 checked [7] 15:4 18:23 DEMANDED [1]1:4 ESQUIRE[2] 1:20.22 28[1] 2:4 22:20 19:723:15,17.22,23 department[3] 4:9iI5 essentiallY[I] 24:21 2:00 [3] 6:16,17,19 background[l] 4:13 checking [2] 14:13,16 4:18 estimate [4] 8:12 13:9 backing [7] 9:10 14:13 civil[3] 1:3 3:21 4:9 deposition[5] 1:93:21 13:2124:17 -3- 15:3,12,2016:1222:18 civilian [11 5:2 10:2 28:1 29:21 exactly [2] 22:13,15 3 [2] 2:4 10:8 Baker [27] 1:3,9,22 2:3,4 clear[2] 21:17 22:12 depth-wise [1] 13:1 EXAMINATION [2] 3:7,13 9:2410:2,7,12,16 cleared[l] 21:24 describe [41 9:5 17:4,7 2:23:9 30 [4] 13:22,2229:18,18 10:21 11:3,8,1213:14 closer[l] 13:7 17:11 example [2] 3:2527:6 3510 [1] 1:13 17:2519:1622:6,13.16 closest[l] 16:6 desk [1] 5:7 except [1] 3:5 397 [1] 3:13 25:728:16.18,1929:20 coming [1] 8:24 detail [2] 21:4 22:2 Exhibit [1] 10:3 3rd[11 5:11 bang [6] 14:12 16:13 17:7 commander[2] 19:6,7 diagram [3] 28:20,22 EXHIBITS [1] 2:8 17:11.1418:5 29:7 -5- basis [21 24:12,21 COMMON[I] 1:1 difference [5] 5: 16 explain [1] 13:6 became [1] 5:19 communications [1] 25:13,1626:5,8 50 [3] 13:16,17,18 beginning[3] 1:1511:23 5:3 different [6] 6:2,227:2 -F- 11:24 companY[I] 20:15 21:922:11 25:20 F-150 [1] 8:4 -A- behind[5] 14:14,1616:2 completed[11 7:6 Directing [1] 6:10 facility [1] 13:3 a.m[4] 1:1528:1.129:21 19:122:19 concerned[2] 12:18 direction [2] 12:8,10 familiar[2] 8:16,18 able [3] 14:23 24:24 25:4 below[2] 12:5.7 23:14 dispensary[2] 23:21,25 far[12] 6:611:2213:9.13 absolutely [1] 22:12 Bernard[5] 1:3,92:33:7 Concerning[l] 11:20 distance [2] 13:18.21 14:716:7,821:723:21.24 academY[2] 5:1,4 3:13 concluded[l] 29:21 Divorce[l] 4:1 25:2429:16 accepted[l] 5:1 best [1] 13:21 condition [2] 24:1 27:3 Dodge [4] 7:25 8:2,4,6 farther[l] 13:2 accident[6] 9:1720:13 better[31 12:2021:25 confer [1] 27:25 doesn't[4] 9:111:8 fault [1] 18:25 21:8,1922:10 29:17 25:9 constructed[2] 6:247:2 24:1426:1 feeling[l] 17:9 accurate [2] 10:6,20 between [IJ 3:2 construction [2] 6:21 done [2] 7:7,9 feelings [1] 6:7 ACTION[I] 1:3 big [1] 7:23 6:25 dooT[2] 17:5,6 feet[6] 13:14,16,17.17 addition[l] 21:10 bit [2] 4:1223:13 contact[4] 17:18,24 down [11] 7:11 9:7,8.9 29:18,19 Borough[l] 4:21 18:1020:21 address [1] 3:11 continued [1] 24:7 12:11.1713:10 16:625:1 8 felt [1] 10:6 adjacent [2] 8:9 9:4 break[2] 25:1826:17 26:1728:23 few [1] 28:16 broad [1] 26:14 continuous [1] 25 :25 downhill [1] 12:24 field [5] 12:9 15:13,21 adults [1] 5:19 control [1] 19:8 " ~, - > Bernard Baker, Jr. Susan M. Simon, Reporter-Notary Public '-"",..',-f ,",",--~-",- 'h'.'_'"~_'C",_j , i'" - ; ~ ':l-jj.jlfl~', =, >=" Condenselt! 1M . 99 - field DeCember 15,2000 Index Page I -"~ Bernard Baker, Jr. 20:2521:6 filing [1] 3:4 filled [1] 8:8 finished [2] 7:529:13 first[4] ]]:514:323:5,6 follow-up [1] 28:16 following [1] 23:25 follows [1] 3:8 foot [3] 13: 18,22,22 Ford [1] 8:4 fonn [2] 3:5 25:7 forward [3] ]6:17.25 18:6 four-wheel [1] 8:2 front [3] ]]:24 ]2:4 ]6:5 full [4] 3:]] 7:]8.23 9:8 -6- generally [1] 29:]] Gettysburg [4] 4:6,8,21 4:22 girl [1] 27:2] given [2] 3:159:12 glass [1] 17:15 goes [1] 8:3 good [1] 13:18 gossip [3] 27:15,]7,20 grass [8] 7:15,]6,21,22 8:9,149:429:7 grassy [4] 9:6,11 28:24 29:13 guess [2] 6:1 9:24 -H- hard[2] 6:7 ]]:3 hear[4] 17:1519:2420:1 21:12 heard [5] 16:13 18:5 19:2227:1,21 herebY[I] 3:2 high [1] 14:25 Hill[7] 1:13 5:12,15.18 5:2023:2227:15 himself [2J 15:18,23 hit [1] 14:12 hit-and-miss [2] 24:]9 25:] hitting[I] 17:13 hospital [2] 23:23,25 Huh-uh[I] 21:]] -I- idea [2] 13:2520:5 impact [4] ]]:24 14:5,10 17:8 inaccurate[2] ]]:7,19 incident [8] 7:149:13 19:620:1425:14,1528:6 28:8 ",lOll " "' '. ~ "- " ...:~ 'Ii:'" ,,,".HJU'~W1ili..;IwL.i ~d;;-j I! , ij " I I q CondenseIt! 1M filing - recollection December 15,2000 inconsistency [2] 22:6 13:10 15:13,20 notice [2] 10:5 16:21 personal [2] 24:227:5 22:9 noticed [5] 8:8,2425:19 personality [1] 26:7 incorrect[I] 21:23 -M- 26:5.7 personality-wise [1] indeed[I] 20:6 M[I] I:]] notified[2] 19:6.8 25:18 ~n~Ca~[I] 20:12 ma'am[I] 29:8 nOW[7] 10:8,13 11:14 personallY[I] 9:21 ~diCatin!l[I] 12:12 macadam[s] 7:]0,]],13 13:13 ]9:2124:725:20 physical[I] 25:17 Infonnation[41 5:827:2 7:]4,21 number[2] 10:328:9 physicallY[I] 25:19 2757 numbers [1] ]]:4 k 2523 . .: '. MARGOLIS[2] 1:]2 pic S[I] : lDJunes [1] 22:24 1:22 pickup [1] 14:2] injury[3] 19:10 22:22 mark[I] 9:24 -0- pieceS[1] 17:13 23:7 b' 1 . , . marked[3] 2:810:229:2 0 ~ect[I] 25:7 p ace[2] ]:127:2 Institution[7] 5:206:2 MARTSON ]'20 ob;ections [1] 3:5 PLAINTIFF[3] 1:1.10 19:520:]8,2427:]6.21 [1] . , insurance[I] 20:15 maY[4] 4:185:1120:10 observation[2] 14:7 1:21 . . d 27:1 25:4 PLEAS[I] 1:1 ~ves~ga~ [1] 9:17 mean[I7] 6:13 7:6 9:1 observe[2] 24:2425:4 POint[3] 11:2516:16 Investigating [1] 21 :19 ]]:9,10 12:22.25 13:2,5 observed [2] 17:23 25:13 21:24 involving [1] 20:14 20:921:14,2223:224:14 occasion [1] 22:2 police [24] 2:94:3,8.8,16 25:10,1626:13 occasions 25'3 4:17.215:1,310:2 ]]:4 means [1] ]]:21 [1]. ]]:1712:619:820:21 meant [1] 23:5 occurred[4] 7:1421:8 22:2,]],14,17,2323:8 . medical [3] 24:126:24 2ffl:2229:17 28:!9,20 29:3 27:3 0 [7] 7:14 12:14 24:10 policeman [3] 4:4,522:5 di all 24:1428:9,10,23 pom'on 1024112 me c y [2] ]8'23 19'7 ff' [3]: : . ., 0 lcer[4] 5:3 ]]:422:17 ]2:23 . meet [1] 20:24 29'3 . . , . posItion [1] 14:8 . Meets [1] 25:]] often [1] 24'17 'ble 5 b . pOSSI [1] 26:1 mem er[2] 4:7,8 once[4] 24:18,18,23 ti mental[2] 25:1726:4 25:24 prac ce[I] 15:9 metal[I] 17:13 one[7] 10:1,2115:2.5 p~tty[2] 7:2321:15 middle [1] 9:10 20:6 26:1,1 pn~on [',116:620:9 .ght opinion 6'4 26.1829.]],17 ~ [3] 9:1 12:1813:19 [1] . problem[2] 20:13 25:5 lDlnOT[I] 16'23 opposed [2] 4:9 10:24 . ' OTTO [1] 1'20 ProceSS[I] 7:5 lDlnute [1] 21 :25 .' produced [2] 2:7 10:2 mirror[I] 14:24 OutSlde[S] 7:15.1615:1 PUBLIC . 16'1220'25 [1] 1.11 mirrors 14'171815'1 . , 16'13 [4] .. . overlloW[I] 12:9 pulled[7] 9:2,616:17,24 . 18:619:122:19 mode1r2] 8:1,3 _p_ put[2] 13:2021:15 -L- moment[I] 27:24 PUtting[I] 7:]] LAURALEE[I] 1:22 . month [1] 24:18 P[I] 1:1 law [2] 1:3 4:20 months [2] 28:9,11 page [5] 10:7.8,10,15 ]]:5 _Q_ lawsuit[3] 3:23,2426:22 mostIY[1] J5:J panel[1] 18:J6 th 13 2J park[7] 6:227:38:99:9 quartl?r[3] 6:J7.19 18:16 lawyer[3] 26:1227:2.8 mou [1] : 9:10 J2:20 29:10 questions [2] 28:3.J4 leading[I] 7:J9 mOVeS[I] 25:22 parked[.] 6:23 8:J09:1O quite[I] ]]:21 least [2] 24:21 23 Ms [18] 2:4 1O:7,12.J6,21 1 ' ]]:3,8,J2 13:J4 17:25 J2:J9 J6:8,9 22:20 29:10 eft[2] 12:1414:19 19:16 22:6,13.J6 25:7 29:]] -R- lengths [3] 13:23,25 28:16,J829:20 parking [30] 6:247:1,4,6 Ram[2] 8:26 16:10 7:J2,15,16,18,20,218:8,9 d . lieutenant [1] 6:1 -N- 8:13 9:2,3,4,7 12:2,4,10 rea [2] 10:16,21 life [11 27:6 15:13,21 16:622:1928:21 reading [3] 3:3 10:24 N [I] 2:1 28:2429:1,5,12,13 12:13 limp [I] 25:25 name[l] 3:]] part[3] 23:5,6,6 rea1ize[2] 14:920:]] line[2] ]]:22,23 narrative[3] ]0:24 ]]:2 partieS[I] 3:3 realized[I] 14:4 lines [1] 7:]] ]]:20 patrolled[l] 5:6 reallY[3] ]]:813:4 23:14 Lisbum[2] 28:2329:2 National[l] 5:8 patrolman[l] 4:24 rear[l] 18:15 lives [2] 27:6,10 NCIC[1] 5:8 pedestrian[l] 11:22 rearview[3] 14:19,24 look[3] 10:1412:114:23 NeVer[2J 5:4,6 Pennsylvania[3] ]:2 ]6:13 looked[l] 15:5 next[3] 5:2213:1120:22 1:13 4:16 reaSOn[8] 10:14 ]]:6 looking [3] 15:3 16:12 nobody [I] 16:2 people [I] 7:6 g:~3 18:]020:6,8.]6 28:]9 noise [I] 17:22 perfonnance [I] 24:25 . . lOWer[I4] 9:7,812:9.18 thi rh 1014 recollectIon[2] 21:18 12:22,23.25,25 13:2.5,8 no ng [4] 25:2526:22 pe aps [I]: 22:1 26:24 27:22 -J- J[I] 1:20 jail [I] 24:15 job [3] 24:24 25:6 26:4 !R[3] 1:92:33:7 June [IS] 6:]] 7:12,19 8:18,259:3,4 23:13 24:8 24:22.2525:2026:2,19 29:10 Junior[IJ 3:13 JURY[I] 1:4 juveniles [1] 5:18 -K.- kneW[1] 14:12 knowledge[3] 19:18 23:1824:2 Susan M. Simon, Reporter-Notary Public Index Page 2 ~' ~ l~~~ ~' ,~ - --' . ~.- . !j j '. "=,,,i,~#>liili,IL;1 I I i [ I i i i , :i Bernard Baker, Jr. CondenseIt! 1M record - zones December 15 2000 , rec,ord[3] 5:2410:7,23 somewhere[3] 6:17,20 treatment [3] 24:1 26:24 Williams [24] 1:20,20 rectangle [I] 29:2 29:19 27:3 2:43:10 10:4,10,13,18 referred[3] 11:1712:2,8 sony [I] 10:16 tree [3] 13:]2,12,17 11:],6,11,]513:1518:2,4 referring[21 9:2517:8 sound [3] 17:9,10,10 trialt2] 1:4 3:6 19:2022:8,15,21 25:12 27:23,2528:2,14 regard[2] 9:13 15:17 sounds [I] 17:11 TRINDLE[I] 1:13 window[l] 17:5 regarding [2] 24:1 26:]0 source [I] 27:2 trooper[5] 9:]721:5,13 witness [11] 2:23:7 10:8 regular[2] 24:1226:19 speaking [I] 26:2 2]:]923:4 ]0:23 11:13 ]8:3 ]9:18 relationship [I] 5:24 specifically [2J 15:8 trooper's [IJ 9:20 22:11,]4,]825:9 remember[1] 2]:]4 28:20 truck [S) 7:23,25 ]4:25 wondering[l] 20:11 repaired[l] 18:17 standards [I] 25:] I ]6:13 18:20 word[2] ]7:725:11 rephrase[l] 8:17 standing [6] 2]:16,2] truthful [I] 13:24 words[l] 13:20 report [19] 2:9 9:20,25 23:1,3,9,]2 truthfully [2] ]9:13,25 worked[6] 4:3,]5,175:7 10:2,5,9,]5,19,24,25 11:2 start [I] 4:20 trying [I] 26: 14 5:76:]6 11:16 ]2:13,]6 18:24 started [4] 4:14 5:18 9:10 turned[2] ]5:]429:6 works [2] 6:326:17 19:2320:728:19,20 ]5:4 two [4] 7:20 ]6:]0 ]7:13 worried[2] 23:]4,]5 reported[6] ]8:2519:9 state [20] 3:11 4:3,8,16 19:1 worse [I] 25:9 19:]2,]920:]526:10 4:]75:2,]911:1612:6 type [4] 3:17,2324:19 REPORTER-NOTARY ]9:820:21 22:2,4,10,]4 25:1 wrap [I] 28:4 [I] 1:11 22:]6,23 23:4,8 27:]6 wrong[3] 12:]714:4,9 reporting [I] 20:13 statements [I] 9:12 -u- reserved [I] 3:6 stipulated [I] 3:2 ultimately [I] 20:21 -x- STIPULATION [I] X[I] 2:] respect [2] ]2:3 ]6:3 3:] understand [I] 6:13 respective [I] 3:3 stopped[4] 14:11 16:14 understood[2] 11:11 -y- restate [2] 16:822:] 18:],6 23:5 result [I] 7:1 stops [I] 11:23 underway [I] 6:22 year [I] 5:10 reviewed [3] 10:5,19 Street [I] 3:13 unheard[2] 27:15,17 years [3] 4:]7,19,23 11:]6 strike [I] 9:3 unusual [I] ]6:2] right[11] 5:21 6:10 8:16 subject [I] 27:]9 up [26] 7:]4,]5,199:6,]0 -z- ]0:8 11:12,25 13:13 14:19 ]5:]2 18:8,]5,2220:]9 subsequently [I] 23:25 12:]9 13:11 14:],13 15:3 zones [I] 6:2 ]5:4,]2,20 ]6:]2 ]9:5 23:1,11,2429:6 summanZC[I] 16:11 20:17,18,19,20,2021:24 riot [II 3:]8 supervisor[l] 6:1 25:23 28:4,24 29:6,13 Road [3] 1:13 28:23 29:2 surface [2] 7:8,13 upper[l] 13:7 room [I] 28:1 SUSAN[I] 1:11 upset [I] 23:13 swom[l] 3:8 USed[31 5:]5,]7 ]7:7 -S- uses [I] 11:4 saw [7] 9:7 10:1,19 ]5:15 -T- using [2] 7:4 28:2] 16:20 18:6,21 taking[2] 5:1928:5 usual [I] 15:9 says [I] 22:11 test [I] 28:6 usually [6] 6:237:20,2] sealing [I] 3:3 testified [3J 3:815:2] 7:22,23 8:10 seated [I] 5:22 24:8 second [I] 23:6 testifying [2] ]5:9,10 -v- section [I] 28:20 testimonY[7] 3:15,]8 V[I] 1:2 see [IS] 5:411:1815:13 4:4,4,711:17 12:3 vehicle [22] 11 :23,24 15:18,22,22,25 16:2,18 Thank [2] 28:]529:20 12:]713:10 14:6,8,11 16:19,24 17:222:2024:]6 THOMAS[2] 1:1,20 16:]7,20,2517:2,8,]7,]8 25:5 thought [2] 9:9 ]2:19 17:23,2518:5,7,10,11,]2 seeing [I] 27:6 18:14 three [1] ]9:2 vehicles [3] 8:13 12:5,7 sees [I] 27:10 Three-page [2] 2:9 10:1 sergeant's [I] 28:6 versus [I] 25:]4 through [S] 5:4 14:24 vicinity[2] 15:2516:] sets [I] 14:25 ]5:3 ]6:1222:19 shift [4] 6:168:2] ]9:6,7 times [3] 6:1,3 19:2 -w- shortlYlI] 28:6 todaY[2] 2]:10,18 side [2] 17:6 24:15 together[4] 17:1323:3,9 waived[l] 3:4 significance [II 20:10 23:12 walked [2] 18:1920:20 signing [I] 3:3 Tom[2] 10:727:24 walks [2] 25 :22,25 SIMON[I] 1:11 took [3] 19:520:17,19 week[2] 7:2024:18 simply [I] 10:23 top [2] 28:25 29:7 weeklY[I] 24:21 small [I] 18:15 tOtal[2] 4:]810:25 White [2] 5:15,18 sometimes [2] 25 :2,2 tower[1] 29:18 whole[l] 5:12 Susan M. Simon, Reporter-Notary Public Index Page 3 ~~,. ~ 'rj'~'.'~~IlilllfiB~~_~iJ!I!iij!i!;Wi~l.almlii>i'!illiklOl!iL~tOO""I!l;!'~"" " S'~Jlii """"""-~="~jlli_:.dIiiilI.<ili-"";" ~ ~=~-- - , -'-"~. . - ~-~ .. ","' ~ -m""'Ib..::.,-iII_ () (~ 9 c~ 1 , , 6- ~0 .~--" ?l / ~1 .~_.. I r,~' 'Xl , -c. , c) , ~,,~~ ~: ~ -') - -, '-,' ,n )- , !".) ~g :~< =< ....1 -< . " ~--. ,,~ . THOMAS P. CEKOVSKY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2000-4993 BERNARD BAKER, Defendant. JURY TRIAL DEMANDED ORDER AND NOW, this ____ day of February, 2001, upon consideration of the Motion for Summary Judgment of Defendant, Bernard Baker, IT IS HEREBY ORDERED AND DECREED that this Motion for Summary Judgment is GRANTED and this matter is dismissed in its entirety. BY THE COURT: J. , ~ '^ iu -'-" ~~:I' , LAURALEE B. BAKER, ESQUIRE Pa. Supreme Court I.D. No. 58874 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [717] 975-8114 Fax: [717] 975-8124 E-Mail: Ibaker@margolisedelstein.com Attorney for Defendant: BERNARD BAKER THOMAS P. CEKOVSKY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2000 -4993 BERNARD BAKER, Defendant. JURY TRIAL DEMANDED MOTION FOR SUMMARY JUDGMENT OF DEFENDANT, BERNARD BAKER AND NOW, comes Defendant, Bernard Baker ("Mr. Baker "), by and through his attorneys, Margolis Edelstein, and files this Motion for Summary Judgment and avers the following in support thereof: 1. This case arises from a motor vehicle accident that occurred on June 22, 1999, initiated by the filing of a Complaint on or about July 17, 2000. A copy of Plaintiff's Complaint is attached hereto, incorporated herein by reference and labeled Exhibit "A." 2. In his Complaint, Plaintiff, Thomas Cekovsky ("Plaintiff"), claims he sustained injuries as a result of a parking lot accident at the Camp Hill State Correctional Facility ("the Prison") . 3. On or about October 2, 2000, Mr. Baker filed an Answer and New Matter which asserted that Plaintiff's claims are barred in whole or in part by the terms and conditions of the --, ~;\- Pennsylvania Worker's Compensation Act ("the Act"), 77 P.S. !l1 et seq. A copy of Defendant's Answer and New Matter is attached hereto, incorporated herein by reference and labeled Exhibit "B." 4. Plaintiff, an employee of the Prison, was injured as a pedestrian in a parking area of the Prison when Mr. Baker, also an employee of the Prison, allegedly backed into Plaintiff pinning him between Mr. Baker's vehicle and Plaintiff's vehicle. See Plaintiff's deposition at pp. 37-47, attached hereto, incorporated by reference and labeled Exhibit "C." A copy of the depositions of Plaintiff and Mr. Baker have been filed of record with this Court by Praecipe dated February 7, 2001. 5. Pa.R.C.P. 1035.2, pertaining to motions for summary judgment, provides that such motion is appropriate where there is no genuine issue of any material fact as to a necessary element of the cause of action or defense . Here, there is no genuine issue of any material fact that Plaintiff's claims against Mr. Baker are barred by the Act. 6. The Act defines an injury during the course of employment as including all "injuries sustained while the employee is actually engaged in the furtherance of the business or affairs of the employer, whether upon the employer's premises or elsewhere, and shall include all injuries caused by the condition of the premises sustained by the employee, who, though not so engaged, is injured upon the premises occupied by - 2 - . ' .,- i;' or under the control of the employer. . the employee's presence thereon being required by the nature of his employment." 77 P.S. !l41l(1). 7. Several cases have addressed the issue of defining the term "employer's premises" to include: property that is so connected with an employer's business as to form a component or integral part of it . . , Schofield v. Workmen's Compensation Appeal Board, 395 A.2d 328, 329 (Pa. Cmwlth. 1978); reasonable means of access to the situs of an employer's business operation Id.; a parking lot is part of the employer's business premises, and injuries occurring to an employee upon the lot are compensable when the employee's presence on the lot is temporally proximate to the hours of work because the employee was in the area where the injury occurred because of his employment. ., EDler v. North American Rockwell Corp., 393 A.2d 1163 (Pa. 1978) 8. In Paragraph 3 of Plaintiff's Complaint, he agrees that the accident occurred on the Prison parking lot with the following: "This collision occurred in a temporary parking lot at the State Correctional Institution." See, Exhibit "A." 9. Moreover, in Plaintiff's deposition testimony, Plaintiff stated that he was beginning his shift at 2:00 p.m, and that the accident occurred around 1:45 p.m. See, pages 29 and 53 of Plaintiff's Deposition which is attached hereto as Exhibit "C." 10. Plaintiff also testified that this was an area where - 3 - --"'~ - ~", - " . " , 'l~:;'i ,I I ,I II I " I': I ,I " I I , I employees of the Prison had parked since he began his employment at the Prison, and that he believed the area was on Prison property. See, pages 30-31 of Exhibit "C." 11. Plaintiff went on to testify that the walk from this parking area to the Prison was the same general walk that Prison employees would make every other day in going from and coming to work. See, page 31 of Exhibit "C." 12. Moreover, Plaintiff testified that other employees had already parked in that area by the time he arrived and parked on the day of the accident. See, pages 32-33 of Exhibit "C." 13. Likewise, in the Police Report prepared by the Pennsylvania State Police, the accident location is described as "Camp Hill Prison, parking lot east." The Police Report is attached hereto as Exhibit "D." 14. It is clear from the facts presented that the Plaintiff's injury took place on a parking area regularly used by Prison employees, on Prison property, and while Plaintiff was a pedestrian in an area traveled by the Prison employees to get to and from work. Further, it is clear that Plaintiff was injured between 1:45 and 1:50 p.m., and that both Plaintiff and Mr. Baker were to begin work at 2:00 p.m. 15. Therefore, as in E9ler, the Act applies because Plaintiff was in the area where the injury occurred because of his employment. Furthermore, Plaintiff was in a parking lot that - 4 - , , 1 ^lliII.~''-'- is part of the employer's business premises, and the injuries occurring to Plaintiff upon the lot occurred when the employee's presence on the lot was temporally proximate to the hours of work. 16. The Act further states that, "If disability... is compensable under this act, a person shall not be liable to anyone at common law or otherwise on account of such disability... for any act or omission occurring while such person was in the same employ as the person disabled. "77 P.S. ~ 72; ADDle v. Reichart, 20 Bucks 261 (1970), aff'd 278 A.2d 482 (pa. 1970). 17. Furthermore, questions as to "course of employment" are properly determined as a matter of law by the court. Flanders v. Hoy, 326 A.2d 492 (Pa. Super. 1974). 18. As mentioned previously, Mr. Baker was arriving in the parking lot of the Prison and attempting to park his vehicle when the accident occurred. The accident occurred within 15 minutes prior to Mr. Baker beginning his shift at the Prison. Therefore, it is clear that both Plaintiff and Mr. Baker were within the scope of their employment at the time of this accident. 19. Therefore, it is clear that the Act is applicable to Plaintiff's current suit, and therefore, Mr. Baker is immune from suit as he was also in the scope of employment at the time of the accident. - 5 - - H" " L - -"~-""'~w.<, WHEREFORE, the Defendant, Bernard Baker, respectfully requests this Honorable Court to grant his Motion for Summary Judgment and dismiss this matter in its entirety. Respectfully submitted, MARGOLIS EDELSTEIN &~11Jtl:)1 By: ~ Date: LEE B. BAKER, ESQUIRE P . Attorney I.D. No. 58874 Attorney for Defendant, BERNARD BAKER P. O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 - 6 - ;.n_.t >."~ ~.;,' ..,...--. ; ~~"".' '--:::.--=,,'-;) ~:::..-:=; '-. ,~. i .,-.....-~ .,_"-,,;:;1 '~-~::..". _ , .~ 0' ... . , '0',., ,. . "'.~ ,','". ,,~,~, - " ~ F:\FILES\DATAFD..E\Gendoc.CIQ\9901-COM.l/tdc ~ Created: O6JIJlOOIO:12:44AM Revised; 07/13/00 08:4S:~S AM 9901.1 . " THOMAS P. CEKOVSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.2000- "I99J CIVIL ACTION - LAW BERNARD BAKER, Defendant JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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 HA VB ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TRUE COPY FROM REOORD In T8lItItnony whereof, I here unto SIt mv hand ... .. ... .. ... "1- AI. ~htsft~ f; ~~~a--- Pr onotaty 'F:\FILES\DA TAFlLE\Gendoc.cw\990I-COM.1 Created: 06I131OO1O:IS:30AM RcviKd; 07113/00 08:46'25 AM THOMAS P. CEKOVSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000- CIVIL ACTION - LAW BERNARD BAKER, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Thomas P. Cekovsky, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as !ollows: 1. Plaintiff is Thomas P. Cekovsky, an adult individual with a mailing address of P.O. Box 344, Indiana, Pennsylvania 15701. 2. Defendant is Bernard Baker, an adult individual residing at 397 Center Street, Enhaut, Dauphin County, Pennsylvania 17113. 3. On June 22, 1999, at about 1:50 p.m., a 1994 Dodge Ram pickup operated by Defendant collided with the Plaintiff while a pedestrian, pinning the Plaintiff against the side of his car. This collision occurred in a temporary parking lot at the State Correctional Institution, 2500 Lisburn Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. 4. This collision was due solely to the negligence and/or carelessness of the Defendant in failing to observe the point and position of Plaintiff and operating his vehicle without due care for the safety of pedestrians. 5. The said collision caused injury to the Plaintiff for which he continues to treat, which has not yet been fully diagnosed and which is believed to be pennanent in nature. As a result of said injury, Plaintiff has suffered, and continues to suffer pain and disability for which Plaintiff has received, and continues to receive medical treatment. 6. As a result of the said injury, Plaintiffhas suffered, or may suffer, a loss of earnings and earning capacity. 7. As a result of the said injury, Plaintiff has incurred medical and other health care expenses. 8. On the date of the said collision, Plaintiff had elected the full tort option under his personal auto insurance policy. - ~ -, d,_" C'~ ~ ,'_'" ",. C'.'''~t.<,1 _ "', , WHEREFORE, Plaintiff demands judgment against the Defendant for pain, suffering, and loss of life's pleasure, as well as reimbursement for present and future work loss and medical expenses, together with costs. MARTS ON DEARDORFF WILLIAMS & OTTO ~ ~~' By ~A . , ,.t"" omas J. lliams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 17, 2000 ". ,-'- VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa, C. S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:\FILE.'\\DAT AFlLE\Gendoc,cur\9901-COM.1 ~ '^ "";"'/.'.' ,"< " ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 171 08-0932 Telephone: Fax: E-mail: [717J 975-8114 [7171 975-8124 rkroll 2000'"- vahoo.com ". , .., ",- - ~'. _c," '_"'''''''=0-' ~'" ^ "--~.ci,J'~o:' Attorney for: DEFENDANT THOMAS P. CEKOVSKY, Plaintiff v. BERNARD BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-4993 CIVIL ACTION - LAW JulZY TRIAL DEMAN1)ED ,-. NOTICE TO PLEAD TO: Thomas P. Cekovsky, Plaintiff c/o Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013-3093 ~ '. " . -. YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. Date: September~, 2000 ( By: sqUIre Attorne .D. #47243 Post Office Box 932 Harrisburg, P A 17108-0932 (717) 975-8114 Attorney for Defendant , . '- " - .'~ '.> ".~ " ,- -,," "--';:";"''':j ROLF E. KROLL, ESQUIRE Pa. Supreme Court 1.D. No. 47243 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 171 08-0932 Telepbone: Fa.:: E-mail: [717J 975-8114 [717] 975-8124 rkrolt 2000rmvaboo.com Attorney for: DEFENDANT THOMAS P. CEKOVSKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-4993 CIVIL ACTION - LAW BERNARD BAKER, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant Bernard Baker, by and through his counsel, Margolis Edelstein, to Answer the Complaint of Plaintiff, Thomas P. Cekovsky and in support thereof avers the following: 1. Denied. 2. Admitted, 3-8. Denied pursuant to Pa.R.C.P. No. 1029(e), NEWMATTEII. 9. Plaintiff has failed to state a claim upon which relief can be granted. 10. Plaintiffs claims are barred by the doctrines of contributory and comparative negligence. 11. Plaintiffs claims are barred by the doctrine of assumption of risk. 12. Defendant Baker was confronted with a sudden emergency not of his own creation to which he responded reasonably under the circumstances. . ~ ' ~, ,,, ".. -,,",-<'I ,-,v ~ .' '~, ,~,' ,;0- , , 13. Plaintiffs claims are barred by the applicable statute of limitations. 14. The named insured of the automobile insurance policy covering Plaintiff elected coverage under the limited tort option offered under that policy in accordance with the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law. 15. Plaintiffs claims are barred in whole or in part by the terms and conditions of the Pennsylvania Motor Vehicle Financial Responsibility Law, Act of February 12, 1984, 75 Pa. Cons. Stat., S 1701 et ~, as amended. Specifically, Plaintiffs claims for medical expenses andlor wage loss may be ba."Ted in whole or in part by 75 Pa. Cons, Stat., S 1722. Moreover, Plaintiffs claim for non-economic damages may be barred by virtue of an election of the limited tort option of Plaintiffs motor vehicle insurance policy. 16. Plaintiffs claims are barred in whole or in part by the terms and conditions of the Pennsylvania Worker's Compensation Act, 77 P.S. S I et seq. Respectfully submitted, ",' "---', "' >. -.,'" - "~ ~-- ,~ . ,.~" ",,'"" ""-''''j VERIFICATION I, Bernard Baker, have read the foregoing Answer with New Matter which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Bernard Baker Date: -.- . -~ ~ ."~ "" ""< ,-," '--""", ", , ',,~: CERTIFICATE OF SERVICE I, Jessica Bates, an authorized representative of Margolis Edelstein, hereby certify that I have served a true and correct copy of the foregoing document upon all counsel and parties of record this ~ay of September, 2000, by placing the same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013-3093 By: ~1~A.:tw essica Bates ~" '<; Thomas P. Cekovsky CondenseIt! 1M December 15, 2000 Page 29 Page 31 I A Oh, couple years ago, two years ago, I A To my knowledge. 2 Q Do you remember when two years ago? 2 Q Can you give me an idea of how far it was from 3 A What month? 3 where you parked that day to the actual prison building? 4 Q Yes. 4 A From where I parked to the prison building? 5 A Nove1l1ber. 5 Are you referring to the main gate entrance? 6 Q Of 1989? 6 Q I'm referring to whatever entrance you would 7 A I think it was '89, yeah. 7 enter. 8 Q In what county did the court proceedings take 8 A 300, 400 yards. 9 place? 9 Q Okay, Was the walk you would take from where 10 A York. 10 you parked your car on June 22m!, '99, to the prison the II Q And your sentence from that was what? II same general walk that you and others would make every 12 A ARD. 1 guess the normal probation, 12 other day in going and coming from work? 13 Q Okay, Let's talk about the day of the 13 A Yes. 14 accident. What shift were you working that day? 14 Q Okay. Can you draw me a picture, if you 15 A 2:00 to 10:00. 15 would -- and certainly we have the police report here, if 16 Q Can you tell me what parking lot you intended 16 you'd like to look at that -- but where it was thai you 17 to park in or near? 17 parked thai day in conjunction with this slaked-off area 18 A I intended to park in the visitors' parking 18 that you have said was going to be made into a parking 19 lot which is the parking lot that we have always parked in. 19 lot. 20 Q Was there any conslruction or anything going 20 A TIris would be the east tower, 21 on at that parking lot at the time? 21 Q "ET' you put inside of that for east tower. 22 A Not in the visitors' parking lot. 22 A The parking lot that was staked out, that they 23 Q Was there construction in any of the parking 23 just constructed is here. There was a road between -- 24 lots at that time? 24 Q Before you go on, that rectangle area that you 25 A There was an area staked out that they were 25 put just put there, please put parking lot staked out Page 30 Page 32 I going to make into a parking lot. I or "SO" inside of there. 2 Q Did anybody park in that staked-out area? 2 A (Witness complies with request of counseL) 3 A No. 3 Q Okay. And you just put a roadway between the 4 Q How far had they gotten in preparing that 4 parking lot and the east tower, is that correct? 5 staked-out area for a parking lot? 5 A Yes. 6 A They put the stakes up. 6 Q Between that you drew a line, 7 Q That was it? Okay, Had anyone parked in that 7 A Urn-hum. 8 area before it was staked-out? 8 Q We have to state these things so that we know 9 A Previously to this? 9 later when we come back to this what we're referring to. 10 Q Yes. 10 A Fine. II A Previously to this day? Yes. II Q Go ahead. 12 Q Okay. How long had people been parking in 12 A Okay, you wanted to know where I parked? 13 that area, to your knowledge? 13 Q Yes. 14 A I have no way of knowing. 14 A Okay. The visitors' lot would be over here 15 Q Okay. Was it for more than a month prior? 15 that we normally park in. 16 A I have no way of knowing. 16 Q Can you put "VL" in there. 17 Q You worked there, correct? 17 A (Witness complies with request of counseL) 18 A Yes. 18 We would enter the institution through this 19 Q Did you see people parking in that area prior 19 way. 20 to June of '99? 20 Q And through this way, just make a line with an 21 A Yes. 21 arrow, if you would. 22 Q Okay. For how long do you recall generally 22 A (Witness complies with request of counseL) 23 people parked in that area? 23 Q Okay. 24 A For quite a while. 24 A I came in, and I noticed that there was no 25 Q Was this property part of the prison property? 25 parking signs in the visitors' lot, and I saw other people Susan M. Simon, Reporter-Notary Public Page 29 - Page 32 Thomas P. Cekovsky .. ~ <" - .., "n_ --,' .,;,,, it.:: CondenseIt! 1M Page 33 December 15,2000 Page 35 1 parking on the grass. 2 Q Make us an arrow of where you came in, if you 3 would, And from what road was that? 4 A That would be Lisburn, from right Oul in front 5 of the prison. 6 Q Do you want to write "Lisburnlt out there on 7 your right. 8 A (Witness complies with request of counsel.) 9 Q So you drove in, saw there were no parking 10 signs at the visitors' lot? 11 A Urn-hum. 12 Q Could you just keep drawing with your arrow 13 where you then next pro=ded? 14 A Okay. There were a bunch of cars in this area 15 here, 16 Q Put X's where there were a bunch of cars. 17 A So I drove up here, and around the back. And 18 I parked behind the last automobile up here. 19 Q Okay, Could you put a circle around the X 20 where you parked. 21 A (Witness complies with request of counsel.) 22 Q Okay. Now, when you parked there, were there 23 any vehicles to your left? Were there any parked vehicles 24 to your left? 25 A Down here, yes. Was there anyone directly Page 34 1 immediately across from me? No, there wasn't. 2 Q Okay. Did you at any time see Mr. Baker's 3 vehicle before the impact? 4 A Yes, 5 Q Okay. Where was Mr. Baker's vehicle when you 6 fIrst saW him? 7 A Right about here or here. I saw him pull 8 around my vehicle. 9 Q Okay. By here, you drew two circles on the 10 page which are immediately right of the X circle that you I] made to depict where you parked, is that right? 12 A Right. 13 MK WILLlA.\IS, He also drew a line. 14 THE WITNESS, 1 saw him coming in. 15 BY MS. IlAKER, 16 Q You saw Mr. Baker driving into the lot? 17 A Yes, it's very unmistakable. It was 18 unmistakably him. 19 Q Why was il unmistakably him? 20 A Because his style of driving. He's reckless, 21 to say the least. He's been issued several warnings. 22 There's been several complaints med against this man, 23 Q Okay. We'll get into thai in a minute. 24 That day, can you describe for me how 25 Mr. Baker drove into the parking lot? . Susan M. Simon, Reporter-Notary Public I A Quickly and carelessly. 2 Q Tell me what you mean by that. 3 A The dust was flying. He wasn't slowing down 4 for bumps the way anyone normally would that cares about 5 their vehicle or pedestrians. He was just -- I'm getting 6 from here to there as quickly as I can, 7 Q Okay. Where were you when you saw him drive 8 in? 9 A When I saw him drive in, I was just getting 10 OUI of my vehicle. 11 Q Okay, So you were standing up ouiside your 12 vehicle on the driver's side? 13 A Yes. 14 Q And saw Mr, Baker drive in to the parking lot 15 in this manner that you have described? 16 A Yes. 17 Q Okay. And Mr. Baker then drove up to the 18 right of you, and what happened next? 19 A He drove around my vehicle. 20 Q Can you show us where he drove? 21 A He drove this way around my vehicle. And he 22 was up here, he stopped, 23 Q Can you make a circle there where he stopped, 24 so we know? 25 A Actually he stopped past these vehicles, right Page 36 I about here he stopped. For a minute, I thought he was 2 going to go into the staked-out area. He looked all around 3 up here, I didn't pay any attention to him at that point. 4 Q Okay, Now, before you move on, did you watch 5 him drive past your vehicle up to where you thought he was 6 going to go into the staked-out area? 7 A Yes, 8 Q Okay, You said for a minute it looked like he 9 was going to drive in there, and he looked all around. 10 Can you tell me how you saw him when he was 11 looking around? How did you know he was looking all 12 around? 13 A Well, let me rephrase that. He came up here, 14 and I thought he was going to pull into this area, 15 therefore, I kind of guessed that he was looking all 16 around, He stopped his car there. What else was he doing, 17 you know. 18 Q So you don't know what he was doing there? 19 A No. 20 Q Did you actually see him looking around? 21 A No, I didn't see him look around, 22 Q Okay. Now, what happened after that? 23 A I closed my car door. And I gave myself a 24 little patdown, you know, make sure I have my keys and the 25 things I'm taking to the gate with me. And I realized I Page 33 - Page 36 Thomas P. Cekovsky '.- ~ " ., -, z, CondenseIt! 1M December 15, 2000 Page 39 Page 37 I didn't have my rosary beads, They were lying on the 2 dashboard of my car. 3 So I opened my door. Took my key off my belt, 4 opened my car door, Put my rosary beads in my right 5 pocket. 6 Q Okay. 7 A And I wasn't paying any attention to 8 Lieutenant Baker at that point. I figured he was done 9 parking, whatever he was doing, So I closed my car door, 10 I'm locking it with the key, and I hear this noise, this II rev of an engine. 12 At that moment I look over my shoulder, and 13 all I saw was this truck coming right for me, And you 14 think weird things in a split second. And what I thought 15 is, iff don't jump up in the air, I'm going to have my 16 legs cut off by this big bumper that he had. 17 So I jumped up in the air, and I curled my 18 legs up. I curled myself into a ball. 19 Q Okay, let's move back. How did you pull your 20 vehicle into that parking space there? Can you put an F 21 where the front of your vehicle was, 22 A I guess -- yes, that's correct. The front 23 would have been -- I'm try to lhink now. Yes, the front -- 24 then I must have been up a little bit. I must have been 25 here. Disregard that. Page 38 I Q Now, you just made another X in a circle and 2 crossed out the X in Ihe circle that you had. 3 A Right, and the reason I did that was 4 because -- and add another line. 5 Q Now, you made another line around where 6 Mr, Baker drove, correct? 7 A Right. I'm not real good with drawing things. 8 Q And this doesn't have to be exact. What I 9 just need to know now is how you pulled your car into this 10 parking space that you told me about. II A It would have been kind of facing that way. 12 The f that you asked for. 13 Q All right. So you have your car parked at an 14 angle? 15 A I had my car parked in the manner that 16 everyone else had their carS parked. 17 Q Was thai an angle, or did you pull straight 18 in? 19 MR. WILLIAMS: At an angle to what? 20 MS, BAKER: Well, he's drawing it two separate 2] ways. It appears here that the X is straight in to a spot, 22 and then you drew an angle here. 23 THE WITNESS: I'm not really good with 24 drawing. My car was parked uniform with the other CarS. 25 Susan M. Simon, Reporter-Notary Public I BY MS, BAKER: 2 Q How were the other cars parked? 3 MR. WILLIAMS: Instead of an X, perhaps we can 4 just make a little box with a little point on it to 5 indicate the front. So we get an idea of direction. 6 TIlE WITNESS: All right, then I guess I would 7 have been this way. And then Lieutenant Baker would have 8 been more toward this area 9 BY MS. BAKER: 10 Q All right. So you're saying the fronl of your I I vehicle was facing the direction that Mr. Baker had 12 traveled? 13 A Yes, 14 Q Okay. When you heard this rev of an engine 15 that you told me about, you said you curled up into 16 a ball -- 17 A I jumped in the air and curled up in a ball to 18 avoid getting my legs taken off. ]9 Q Did you jump on to something to curl up into a 20 ball, or you just jumped up in the air and what happened? 21 A I jumped up in the air and curled up. His 22 vehicle hit me, Not my vehicle. His vehicle hit me here 23 and pushed my vehicle backwards. Not backwards, but 24 sideways, probably the length of this table which is ten 25 feet. Page 40 I See, this was all slow motion, but it was 2 happening in a split second, you know, at that time. 3 I was caught between both vehicles. My 4 vehicle was pushed sideways. I'm hearing things break, 5 I'm thinking I'm getting killed, I can't yell. I had the 6 wind knocked out of me, 7 The only think I could possibly do was I was 8 beating on the sides of his truck trying to yell. At this 9 time I'm seeing his tires spinning sod, throwing sod. It 10 was -- he never put the brakes on. He just let off the II gas. He never -- at the rate that he drove back and 12 impacted me and the distance -- it was, I'm late for work, 13 I can't park here, and go, Not check -- I don'l how he 14 checked anything. ]5 Q All right. How far was Mr. Baker's vehicle 16 when you last saw him from you? How far from you was he? 17 MR. WILLIAMS: What do you mean when he last 18 saw him? 19 MS. BAKER: He testified that he saw Mr. Baker 20 stop over here and that's the last time he looked at him 21 until prior to impact. That was his testimony. 22 MR. WILLIAMS: Right, but the last time he saw 23 him would have been during the impact and inunediately 24 after. 25 Page 37 - Page 40 Thomas P. Cekovsky ~'- ,':, , Page 41 CondenseIt! 1M December 15, 2000 1 BY MS. BAKER: 2 Q Prior to the impact, how far was Mr. Baker's 3 vehicle from you? 4 MR. WILLIAMS: You mean, before he reversed 5 himself? 6 MS, BAKER: Correct. 7 mE WITNESS: The distance from here to that 8 house, is what? 30 yards? 9 BY MS, BAKER: 10 Q 30 yards, okay. II A l'm guessing. 12 Q And you did not see his vehicle again then 13 until when he was in contact with you and your body? 14 A Yes. 15 Q Okay. You said youjwnped up and curled into 16 a ball. Did you jwnp on to something? 17 A There was -- no, Ijwnped up and -- Ijwnped 18 up, and was I was caught in midair and his truck. I was 19 the buroper between the vehicles. 20 Q What part of your body was against his truck? 21 A My right hip -- against his truck? That would 22 be my left hip, left leg, left ann, ankle. When you curl 23 up like this (indicating). 24 Q Which part of your body was impacting your 25 vehicle? Page 42 I A The other side, right hip, leg, arms. 2 Had it not been for my handcuff case in my 3 duty belt with everything on, I think my hip would have 4 been shattered. I don't know. 5 Q How was it that you weren't crushed into your 6 vehicle? 7 MR. WILLIAMS, Object to the form of the 8 question, That assumes he wasn't 9 TIlE WITNESS, I don't undersland. 10 BY MS, BAKER, 11 Q Was there anything that was making conlact 12 with Mr, Baker's vehicle and your vehicle that kept you 13 from being even more impacted than you were? 14 MR, WILLIAMS, I objecl to the form of the 15 question, But you can answer, if you're able to. 16 TIlE WITNESS, I'd like to answer that. Please 17 ask it again. 18 BY MS. BAKER: 19 Q Was Mr. Baker's bumper or any part of his 20 vehicle directly in contact with your car? 21 A Mr. Baker's bumper from his vehicle was in 22 contact with my left foot. There's a dent approximately 23 this big in the bumper of his car which was made from my 24 left boot imprint. 25 His vehicle did not impact my car. His Susan M. Simon, Reporter-Notary Public Page 43 I vehicle impacted my body. That impact tore the sole off of 2 my bool and bent my handcuffs that were right here 3 (indicating). 4 Q Okay. So I'm clear, there was no part of 5 Mr, Baker's vehicle directly in contact with your vehicle? 6 A To my knowledge, there wasn't 7 Q Okay. How long was it that you believe your 8 car was pushed back over this time? 9 A How long in distance? 10 Q Correct. II A I would imagine ten feet maybe. You know, 12 give or take a foot The photographs from the security 13 office at the prison would show that. 14 Q Okay. 15 A The slate police, they took photographs that 16 would show that, as well as the spin marks from when his 17 vehicle was kicking up sod after il impacted my vehicle, 18 Q And it's your recollection that the state 19 police look photographs of the area after this? 20 A I was in a lot of pain at the time, I was in 21 shock. I was very disoriented. I know the state police 22 generally take photographs, I don't know if they did, I 23 know our security department did, 24 Q Who do you know in the security department 25 took the photographs? Page 44 I A I'm not sure who. 2 Q Okay. How do you know that they took 3 photographs? 4 A I remember them coming out with a camera. I 5 was at the main gate area holding ice on my hips between my 6 legs and on my knees. And they brought the camera out with 7 their -- the rest of their investigative equipmenl, 8 Q How did you know it was from your security 9 department? 10 A Because I knew the men that work there. I I Q Okay. You don't know specifically who did it 12 though? 13 A I don't know who was assigned to that 14 particular task. 15 Q Are there viden cameras that keep track of 16 what's happening in the parking lots around the prison, to 17 your knowledge? 18 A No, not to my knowledge, 19 Q Are you aware of any witnesses to this 20 incident? 21 A To my recollection, there were no witnesses to 22 the impact This tower, this east tower, is manned 24-7, 23 His job at that time, like always at that hour, is to watch 24 the officers in this yard and make sure they're safe, 25 Periodically, he would check the area for Page 41 - Page 44 Thomas P. Cekovsky , " . '~ CondenseIt! 1M December 15,2000 Page 47 Page 45 1 suspicious vehicles. But I spoke with this man, and his 2 attention was this way. He said he heard the noise and 3 turned afterwards. 4 Q Who was that man you're referring to? 5 A Tom Heckert, Officer Thomas Heckert. 6 H-e-c-k-e-r-t. 7 Q Now, you told me about your boot. I believe S you said the sole of your boot Was pulled off. 9 What else occurred that you can relate to me 10 at the time of the impact? II A My car keys that were hooked to my belt, one 12 of the keys -- I don't know if it was a car key, one of my 13 keys broke, My handcuffs bent. My wrist watch -- my wrist 14 watch shattered. 15 What else are you looking for? 16 Q I'm looking for whatever else you have to tell 17 me as 10 what actually occurred to you al the lime of Ihe IS impact. 19 A What actually occurred to me at the time of 20 this impact was I looked over my shoulder, I jumped 21 straight up in the air, I curled up. 22 Lieutenant Baker never put his brakes on. 23 Lieutenanl Baker never took his foot off that gas pedaL 24 The tires were still throwing sod. He pushed my car that 25 way, Page 46 1 I was the buffer between both of these 2 vehicles. When he let off the gas, I fell to the ground, 3 and I rolled like a log away from both vehicles. He put 4 his car in drive, moved up very quickly, and put it in 5 reverse, I thought the man was trying to run me over. 6 Q You're saying -- 7 A In my mind, I thought he was because of the S way it happened. No one looked at that situation could 9 understand how that happened the way il happened. In my 10 mind at that time -- I have had no animosity toward II Lieutenant Baker whatsoever -- but in my mind at that time 12 I was -- what's the word I'm looking for? I was in shock. 13 I was feeling pain like I never felt before in 14 my life, from places I never thought would hurt that way. 15 I was afmid to look down for fear things wouldn't be 16 there, that's how bad I hurt. 17 Q So Mr. Baker pulled forward and then began to IS reverse again? 19 A Urn-hum. 20 Q How far did he then go in reverse? 21 A Not far, Maybe five feet. I saw his face in 22 the mirror at that time, He saw me, Put the vehicle in 23 park, shut it off, came out. 24 Q What was the conversation that took place? 125 A I don't recall, I was in shock. I really Susan M. Simon, Reporter-Notary Public I don't recall what I said. 2 Q Okay, Do you recall whal happened in those 3 initial minutes? 4 A I was feeling all over trying to assess what 5 had happened to me, And he said something about getting to 6 the gate, we have to get to the gate. So I walked and he 7 half carried me up to the gate. We notified the proper S authorities. I wanted the state police called. 9 Q Did you at any time indicate that you didn't 10 want the accident reported? II A No, I wanted the state police called. 12 Q Okay. 13 A That vehicle was very important to me. That 14 vehicle -- I just bought it from my dad, and that was 15 always his baby, you know. And I wanted the car fixed. 16 Q How much were the repairs? 17 A Roughly a thousand dollars. It was an older IS car. It was an '86. 19 Q An '86 what? 20 A Pontiac 6000. 21 Q Prior to the state police arriving, do you 22 recall anything that happened? 23 A I recall I wanted security there, and I wanted 24 a nurse. 25 Q You asked for security to be called? Page 48 I A Yes. 2 Q Who did you ask to call them? 3 A The gate sergeant I believe was Ed Norris, 4 Sergeant Ed Norris. 5 Q And were you seen by the nurse? 6 A Yes, I was. They came out with ice and 7 whatever first aid they were able to grab, S Q Okay. Were there any medical records or did 9 the nurse write anything down as to what your injuries were 10 at the time, to your knowledge? I I A Maybe just on scmtch paper. 12 Q Okay. Does the prison infirmary keep medical 13 records on you guys? 14 A They do. In an accident, yes, I do recall the 15 form she had, She had a form. 16 Q What did the nurse suggest you do? 17 A Go to the emergency room. IS Q Okay. Did you go to the emergency room? 19 A I went where my employer directed me to go, 20 Q Okay. Which emergency room, did you go to? 21 A I didn't go to an emergency room. I went to a 22 little clinic, Concentra. 23 Q You were told to go there by your employer, is 24 that what you're telling me? 25 A Yes. Page 45 - Page 48 .,,- - < -~ , . '" - <~ Thomas P. Cekovsky CondenseIt11M December 15,2000 - Page 53 I the parking lot to the location in the institution where 2 Ihe briefing was to occur? 3 A Yes, sir. 4 Q As far as your pay is concerned, your day 5 starts when? 6 A The paid portion of my day begins at 2 p.m. 7 MR. WILLIAMS: That's all the questions I Shave. 9 MS, BAKER: I have no further follow-up. 10 Just for the record, the damages portion of II !his deposilion is not completed, We may need to reconvene 12 at some point. All parties agree to do that if necessary. 13 (Sketch produced and marked as Cekovsky 14 Deposilion Exhibit Number I.) 15 (The deposition was continued sine die at 16 1:55 p,m.) 17 IS 19 20 21 22 23 24 25 Susan M_ Simon, Reporter-Notary Public Page 53 - Page 53 000832 -0::3 m. COMMONWEALTHOFPENNSYLVANIA ~ POUCE ACCIDENT REPORT _-'________"'_I'ORI....E ~ I NON. REPORI_EI ..1 PENNllOr USE """ ACCIDENT ' LOCATION 20. COUNTY ,,__u_ __,_____('vM8CA./.AH"l> 21.WUN IPAUIY CODE o .....e-f). .A '-L 02..- PRINCIPAL ROADWAY INFORMA nON >2. ROUTE NO, OR r II A -rr 'l ... _._S!!!E_~.! NMIE I..Ar6f' ",'~L ~/S..w, rltA.k, H':': or ~,;.f~~,' . ~. ~. ~LJ~~_~v__~~~~ I__ INTERSECTING ROAD: 26 'AOUTENO.'OR -. .-,-------.----- --...,. -..... -- - ----.'----- STREET NAME ~7~~~~-..-.,- .--I~.l~Ay ~J~~:x. IF NOT AT INTERSECTION: ~.,--,--_.'-------- L, s,3ufJ.t( ~ I) E---~~T.~~:r~~_ + U N/A xx 'AHI H 100VlUlAYst.'US : t.INCIDENT """""R 2. AGENCY ACCIDENT INFORMATION 9. ACCIOENT IL ' /911 10 ~y OF MEK CATE 'O~/' 2./' "'? t-4J~-:?>_ , 11. TIME OF 12. M.lMBER - ,.DAV ,IS1''!:. O'UNITS / i 13.' Kl.lEO 14' INJURED i1S, ~IV. PROP .---.Q..-~-L~, ACCIOfNr Y, 16 mOVfHlClEtlAVE fOBE . tr Vl=HlClEOAMACE Rf MOVE 0 J.HOM flit: SCf.N[7 l 0 --UONE UNU 1 Ufo'" 1 UNIT 2 1 LICHT 2-MOOERATE y ~~ 'f..' y' N, 3-SEVERE UNIT 2 N [XI "18, HAlAROOUS MATERtAlS 19, PEtmOOT PRoPERTY N .(; --.~-- Y ',0 N, , Y. UNIT" 1 Jfj I [GALl V Y N 131, REG ! 38.}iTATE PARKED?; ,':, PlAt[ Yor "; 7 ?17 : 1'''' 39 PA TITLE 9ft ,o,nner'"'''''' "17$2/'7>S' I 40, OWNER , BciU.fAR1> BAke'?' : 41. OllmER : AOORESS 397 CG''''r<c~ ~. 42 CITY. STATE J1 , &lIPCOllE E'IVI-/Uf/ r'1r 17113 143YEAR /991144""" 1)"1>6-= i 4S, MODEL . (NOr /J :4& m I.. IlODVrYPEl ~AI'tJ.l'5vO : _vlil Ni I _I I :.4' .BODY f48 SPECIAl 0 [49 ,VEHICLE / I TYPE So I USAGE . OWNERSH" '56.1N1T1Al JMPAC1-- r5i,VEHtClE [51. TRAVEL 7" - - ; . POINT ,;:) I STATUS 0 'SPEED :'5fvEHlClE ,~ORiVER . T:.fS'":bRiVEfi---"-,---. 'GRADIENT ' - PRESENCE ! - 'CONDfTKlN i 56=R {/ f b ~2 77 rS'J!J I 58 DRI'VER . I NAME 8 c~I4"'R.u B A~C,4.. , sg. DRIVER i ADORESS . 3;l7~.c"'_rcl2 ST, \60~~6~E EHHvr ~u--;7t~3 6t.SEX 62. OATE OF ./ ~ . ----'. ,M BIRTH 0 t. 1~. 17, 7'7.'439 -/111 64, co..... "at 65, llRl\IER C' Y I'J N \d ClASS . 61. C/lP.ff.ErI~ 88. CARRER ADDRESS__ ,__._______~___~_____ 69. ciTY. sTArE & IFCOOE 10 USOOT' ...PlJC-.----~--~ ---- "n~VEH. I' CONFIG. !1S. NO. Of-- - I A.Xl.ES AA.45 (7198) . -- - lICe J - i ,1...------. __ _ ~.~C;;f._YPE., . ... 1B.,HAl ARDOUS MATERIAlS 14. GWiR if" RElEASe-OF HAlMAT . v,Q!!QUNKQ 3394S04 ~~'t; ,'" " ,~!!(.. ~ '. ....... .:::,' , .'~'c 30.' cRoss STREET OR SEGMENT MARKER 3t,DIRECTION -.'-..-;;S FROU SITE N ~ 33 DISTANCE WAS - FT, ./ Mt .--.--....--. 34. CONSTRUCTION - ZONE MEASURED (35,) TRAFFIC -~ CONTROL OE1IICE INTE~T1NG LJ ESTIMATED PRINCIPAl [~J r--.-] J2_ UNIT #2 36.lEGAllY Y N 37. REG. . ?1~rJ ~TE 39:PA .- - '-oFf' -- -- ,~---- -,. ----,.-..-- OUT -oF.ST .co. OWNeR 38. STATE .;spECIAI. - USAGE 51:)VEHIClE - STATUS Y..CARRIER ~- ----------- AOORESS 69. CfTY. STATE &Z1PCOIlE 10. USOOT. ICe . I -I , PIJC . 74.GWt'R 72., H. -' CONFIG. 15. NO. OF AXlES 73 TYPE 78 HAl ARIJOUS MATERIAlS PAGE, __L n. RElEASE OF HAlWH.' V 0 NO_C: ...."rOOT. RHSTf. q 'iiili' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing MOTION FOR SUMMARY JUDGMENT on all counsel of record by placing the same in the United States mail at Camp H~SY1Vania, o <"""7 first-class postage prepaid, on the ~~ day , 2001, and addressed as follows: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 MARGOLIS EDELSTEIN ~~Jl!iall!l<lill;j]~~~;;;l;O~ll~t.-~";;",;<'SI~..l!lL~J)Jj;;~;;;,,,-,t'~!\I,,"-~1!llli~~~tlil!W.ail!!i~~~~~~1iil~11\ij;~iiWi~' -= ~,~~ ,. ... ^I ~>~. '", ." ~~ ". . ~"- ","-- 1liIl~" " , ! (? ' , () "'n ~-,~ ,.' '" :---.! " .',. Q:. , 'J] ,. I :J c/'; G:I " ~ tJ (.> ---;:) , -:~1 -7 t'") ~--,,~ ') .,- (~,! ,. n > r:-:? (j c: ~;;:! :;.:: =< ..J :D -< w , ,'- ,', ",';."....' '~',~~~~,-" , , THOMAS P. CEKOVSKY, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. BERNARD BAKER, DEFENDANT : 00-4993 CIVIL TERM IN RE: MOTION OF DEFENDANT FOR SUMMARY JUDGMENT BEFORE BAYLEY. J. AND GUIDO. J. ORDER OF COURT AND NOW, this 11. day of April, 2001, the motion of defendant for summary judgment, IS GRANTED. :saa LcrpW>~ Lj-/2-0/ ~5 Thomas J. Williams, Esquire For Plaintiff Lauralee B. Baker, Esquire For Defendant , ,-'y, " 0; rl,~:'r " ;',u i I"~ ii' (~I 1\ ,"'," '-d~: " r'." " VUIV\Ij~,: ~,j1;.\L) U...),,-W-.J \ 'y PE}~i~SYL/i\('<:/'\ '. - m'11fllIll!!1 "" _'o."_'~^' =' ~ ._~~.,,""",. Sy 07 J J!'1l)ll~~~~~,.-M, r._ ." il!1'1~IIIIffl'""~,,.~~ -""1'Il"".;II\JII. II! IJl - ~ ~ > """''''~' Wli'~", .. THOMAS P. CEKOVSKY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BERNARD BAKER, DEFENDANT 00-4993 CIVIL TERM IN RE: MOTION OF DEFENDANT FOR SUMMARY JUDGMENT BEFORE BAYLEY. J. AND GUIDO. J. OPINION AND ORDER OF COURT Bayley, J., April 12, 2001:-- Plaintiff, Thomas P. Cekovsky, and defendant, Bernard Baker, are correctional officers at the State Correctional Institution at Camp Hill, Cumberland County. On July 22, 1999, plaintiff and defendant each drove their vehicles to work, and were on a parking lot provided for employees by their employer. Plaintiff alleges that he was injured when he was negligently struck by a vehicle operated by defendant. The accident occurred as plaintiff was locking his driver's side door after having just parked his vehicle. Defendant has filed a motion for summary judgment, averring that plaintiffs exclusive remedy is under the Pennsylvania Workmen's Compensation Act. 77 P.S. Section 1 et seq. The Workmen's Compensation Act provides at 77 P.S. 72: If disability. . . is compensable under this act, a person shall not be liable to anyone at common law or otherwise on account of such disability . . . for any act or omission occurring while such person was in the same employ as the person disabled, , ., except for intentional wrong. ". .'__h'_ ',,_',.'_' - Iil'- " 00-4993 CIVIL TERM The Act provides in part at 77 P.S. 411 (1):' The term "injury arising in the course of his employment," . . . shall include all other injuries sustained while the employe is actually engaged in the furtherance of the business or affairs of the employer, whether upon the employer's premises or elsewhere, and shall include all injuries caused by the condition of the premises or by the operation of the employer's business or affairs thereon, sustained by the employe, who, though not so engaged, is injured upon the premises occupied by or under the control of the employer, or upon which the employer's business or affairs are being carried on, the employe's presence thereon being required by the nature of his employment. Plaintiff relies on Dana Corporation v. Workmen's Compensation Appeal Board, 120 Pa. Commw. 277 (1988), appeal denied 522 Pa. 606 (1989). In Dana, an employee, after his work shift had ended, was walking through his employer's parking lot on his way to his car that was parked in a street. He stopped to assist a co-worker who was having trouble with his car. The car moved backwards and struck the claimant. In determining whether the claimant was entitled to recovery under the Workmen's Compensation Act, the Commonwealth Court of Pennsylvania concluded that he was not engaged in the business or affairs of his employer, therefore, he had to satisfy a three-part test: (1) The injury occurred on the employer's premises, (2) the employee's presence thereon was required by the nature of his employment, and (3) the injury was caused by the condition of the premises or by the operation of the employer's business thereon. In reversing an award of workmen's compensation benefits, the Commonwealth Court held that the claimant failed to meet the second and third prongs of this test. The 1 Formerly Section 301(c)(1). -2- - -.. ~ - . , ~ ',~- ~ ~"' . . '. 00-4993 CIVIL TERM Court concluded that when the accident occurred the claimant's presence on the employer's premises was not required, as he had stopped voluntarily to assist his co- worker, and neither the condition of the premises nor the operation of the employer's business caused the car to move and strike him. Defendant relies on Epler v. North American Rockwell Corporation, 482 Pa. 391 (1978). In Epler, a municipality in which the claimant's employer's plant was located banned on-street parking near the plant The claimant, was assigned a parking slot in an unpaved lot across a public street from the plant After finishing his shift, the claimant was struck and killed by a car while crossing the street on his way to his vehicle in the parking lot In upholding an award of workmen's compensation benefits, the Supreme Court of Pennsylvania stated that the first question was whether the claimant-decedent was "on the employer's premises" within the intendment of the Workmen's Compensation Act The Court stated that a parking lot can be so related to the carrying on of an employer's business as to constitute an integral part of its operations that accidents occurring thereon are compensable. The Court concluded: Once it has been established, as in this case, that a parking lot is part of the employer's business premises, injuries occurring to an employee upon the lot are compensable when the employee's presence on the lot is temporally proximate to the hours of work. Thus it is clear that claimant would have been entitled to recovery under the facts of this case if the fatal accident had occurred while he was on the non-contiguous parking lot preparing to leave for home. (Emphasis added.) (Citation omitted.) The Supreme Court then concluded that the fact that the accident occurred upon -3- ~-- -,^ ^~^- " ~". =, 00-4993 CIVIL TERM a public road, which the employee was required to traverse to reach the parking lot, did not change the result. The real question is whether the site of the accident was an integral part of the employer's premises, and actual ownership of the area is not necessarily determinative of the question. The Court concluded: Since the Workmen's Compensation Act, supra, is not premised upon the wrongdoing or negligence of the employer, but rather is bottomed upon the employment relationship, there is no necessity to require a finding of ownership or control. It is sufficient if the employee is required to be in the area because of the employment. (Footnote omitted.) In Dana Corporation v. Workmen's Compensation Appeal Board, supra, the Commonwealth Court distinguished Epler as follows: The main issue in Eplerwas whether the employee was on the employer's premises when the accident took place. This is not an issue in the present case. Claimant, however, cites Eplerfor language to the effect that an injury to an employee on the premises of the employer which occurs reasonably proximate to work hours is compensable. The Supreme Court stated this principle in response to the argument that an injury must occur during actual working hours, and we do not believe it was intended to alter the requirements for an on the premises injury under the statute. Although the Supreme Court did not address the condition of the premises issue, we note that the danger inherent in crossing a public street can be a condition of the premises where a street is held to be part of the premises. In Cochran v. Feeko, 777 F.Supp. 1222 (E.D. Pa. 1991), plaintiff and defendant, both employees of Blount International, had received their paychecks and went to an employee parking lot. In the lot, defendant allegedly negligently struck plaintiff with his car. Plaintiff was fixing a flat tire on his car when the accident occurred. Plaintiff instituted a negligence suit against defendant in federal court based upon diversity of -4- ,,-~ ", '>ik 00-4993 CIVIL TERM citizenship of the parties. Defendant filed a motion for summary judgment, maintaining that plaintiff's claim was governed exclusively by the Pennsylvania Workmen's Compensation Act. The United States District Court for the Eastern District of Pennsylvania agreed, and granted summary judgment. The Court analyzed Dana Corporation v. Workmen's Compensation Appeal Board, supra, and Epler v. North American Rockwell Corporation, supra, and concluded: Dana appears to diverge from Epler by holding that the claimant's injury must be attributable to a condition on the employer's premises. In contrast, Epler makes no mention of this requirement when the employee's presence on the employer's premises is required by the employer. I conclude that the decision of the Pennsylvania Supreme Court in Epler is dispositive of the issue whether plaintiff's cause of action falls within the Act. The reasoning of Epler remains unequivocal and cogent; its purpose in reversing the Commonwealth Court is clear. With no hint of retreat or thought of modification emanating from the Pennsylvania Supreme Court, I view Epler as controlling. In Epler, the Supreme Court stated unequivocally that an employee parking lot is part of an employer's business premises, and injuries occurring to an employee on the lot are compensable under the Workmen's Compensation Act when the employee's presence on the lot is temporally proximate to the hours of work. In the case sub judice, plaintiff and defendant were both arriving for work, so when the accident happened in the employee parking lot their presence on the lot was temporally proximate to their work. In Epler, the Supreme Court stated that "[i]t is clear that claimant would have been entitled to recovery under the facts of this case if the fatal accident had occurred while he was on the non-contiguous parking lot preparing to -5- ~~ ~ ",', .'- " ~---'" 00-4993 CIVIL TERM leave for home." A fortiori, plaintiff herein was injured by a co-worker in the employee parking lot as he was preparing to walk to his place of employment, therefore, the injury falls under the Workmen's Compensation Act even though it was not caused by a condition of his employer's premises.2 In Dana, the Commonwealth Court concluded that the employee was not engaged in the business affairs of his employer because he was injured after he stopped to assist a co-worker who was having trouble with his car. It was on that basis that the Court found that the employee's presence was not required on the parking lot by the nature of his employment. No such intervening act by plaintiff occurred in the present case.3 Epler is dispositive. We will grant defendant's motion for summary judgment. 2 There are two ways which an injury arising in the course of employment can occur under Section 411 (1) of the Workmen's Compensation Act. The first, as here, includes all injuries sustained while the employee is actually engaged in the furtherance of the business or affairs of the employer, whether upon the employer's premises or elsewhere. The second includes all injuries caused by the condition of the premises or by operation of the employer's business or affairs thereon, sustained by the employee, who, though not so engaged, is injured upon the premises occupied by or under the control of the employer,. or upon which the employer's business or affairs are being carried on, the employee's presence thereon being required by the nature of his employment. See analysis in footnote 5 in Vosburg v. Connolly, 405 Pa. Super. 121 (1991 ). 3 It is hard to understand how the court in Dana could recognize that the danger inherent in crossing a street can be a condition of the premises yet conclude that the danger inherent in being ona parking lot where vehicles are moving would not be a condition of the premises. In our view, neither is a condition of the premises. -6- 00-4993 CIVIL TERM AND NOW, this summary judgment, IS GRANTED. Thomas J. Williams, Esquire For Plaintiff Lauralee B. Baker, Esquire For Defendant :saa -"~" .1.w:li,! ORDER OF COURT If day of April, 2001, the motion of defendant for -7- :, ii " :1 II :!~ _ ,.~J I ". >~- "".",,- '"'-,'^ .," \."- , '.:::Tf\;1Y ,~l.> I ' 'C i .> " i:: r:7 /';11": ',' "', " , v~,V,' "", 1\,lY :);:':i',Ii- ":>:'L' \':;\1\1'/\'" I _' ~I\J! \;"'I'jJ," _' t,., _,',,~' .'""'<.......w,'> "'_ ~. ~'"~ - , ~ "" ". - -- ~""""'-,~ > " i';jli~!If;m'm!~-I,W-~MBl~~~~