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HomeMy WebLinkAbout07-0502POST & SCHELL, P.C. BY: ANDREW J. SPAULDING I.D. #: 88096 13TH FLOOR FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 Granite State Insurance Company Plaintiff, V. Delores Robichaw and Robert Williams Defendants. ATTORNEYS FOR PLAINTIFF Granite State Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY ?7 I NO: NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT HAVE A LAWYER CONTACT: Pennsylvania Bar Association Lawyer Referral Service 100 South Street P.O. Box 186 Harrisburg, PA 17108-0186 Telephone (800) 692-7375 s? POST & SCHELL, P.C. BY: ANDREW J. SPAULDING I.D. #: 13TH FLOOR FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 ATTORNEYS FOR PLAINTIFF Granite State Insurance Company Granite State Insurance Company Plaintiff, V. Delores Robichaw and Robert Williams Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY DECLARATORY JUDGMENT COMPLAINT 1. Plaintiff, Granite State Insurance Company (hereinafter "Granite State") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business in New York. 2. Defendant, Delores Robichaw (hereinafter "Ms. Robichaw") is an adult individual and a citizen of the Commonwealth of Pennsylvania, residing in Williamsport, Lycoming County, Pennsylvania. 3. Defendant, Robert Williams (hereinafter "Mr. Williams") is an adult individual and a citizen of the Commonwealth of Pennsylvania, residing in the City of Philadelphia, Philadelphia County, Pennsylvania. HISTORY OF CONTROVERSY 4. On June 9, 2002, Ms. Robichaw and Mr. Williams were passengers in a motor vehicle operated by Angela McClenton ("Ms. Mclenton"), which was owned by Alexander Family Auto Dealership and insured under a policy of insurance issued by Granite State to the Alexander Family Auto Dealership (hereinafter "Alexander Family") 5. On the aforesaid date, the above described vehicle was in a single vehicle accident on Route 81 in Cumberland County, Pennsylvania, wherein Ms. McClenton lost control of the vehicle, causing it to flip. The accident resulted in the death of Ms. McClenton and alleged injuries to Ms. Robichaw and Mr. Williams. 6. On June 4, 2004, Ms. Robichaw and Mr. Williams instituted suit in the Court of Common Pleas of Philadelphia County against the Estate of Ms. McClenton for injuries they allegedly sustained in the aforementioned accident. 7. The depositions of Ms. Robichaw and Mr. Williams were completed in the case against the Estate of Ms. McClenton on December 19, 2005. 8. At the December 19, 2005 deposition, nearly four years after the accident, Ms. Robichaw identified for the first time that the accident may have been caused by an alleged phantom vehicle. 9. Upon information and belief, prior to the December 19, 2005 deposition, neither Ms. Robichaw nor Mr. Williams previously identified a potential phantom vehicle as the cause of the accident. 10. A police report was issued by the Pennsylvania State Police on June 9, 2002. The police report does not mention the alleged phantom vehicle. See Police Report, a copy of which is attached hereto as Exhibit "A." 11. On January 3, 2006, nearly four years after the accident, counsel for Ms. Robichaw and Mr. Williams sent notice of an uninsured motorist claim to Granite State Insurance Company. 3 POLICY OF INSURANCE 12. Granite State hereby incorporates the preceding paragraphs of its Declaratory Judgment Complaint as though fully set forth at length herein. 13. Granite State issued a policy of insurance to Alexander Family under policy no. 02-LX-7308909-0/000 with a policy period running from March 1, 2002 through March 1, 2003. See Policy Declarations, a copy of which is attached hereto as Exhibit "B." 14. The aforesaid policy, which included commercial automobile coverage, included, for that purpose, bodily injury liability coverage in the amount of $1 million. The aforesaid policy contained UM/UIM coverage in the amount of $35,000.00. See Exhibit B. 15. The aforesaid policy includes endorsement CA 21 92 08 01, which provides for Pennsylvania Uninsured Motorists Coverage - Nonstacked. See CA 21 92 08 01, a copy of which is attached hereto as Exhibit "C." 16. The aforesaid policy provides as follows with respect to its insuring agreement: We will pay all sums the 'insured' is legally entitled to recover as compensatory damages from the owner or driver of an 'uninsured motor vehicle.' See Exhibit C. COUNTI 17. Granite State hereby incorporates the preceding paragraphs of its Declaratory Judgment Complaint as though fully set forth at length herein. 18. Under the Pennsylvania Motor Vehicle Financial Responsibility law, the definition of "uninsured motor vehicle" includes: An unidentified motor vehicle that causes an accident resulting in injury provided the accident is reported to the police or proper governmental authority and the claimant notifies his insurer within 30 days, or as soon as practicable thereafter, that the claimant or his legal representative has a legal action arising out of the accident. 4 75 Pa.C.S. 1702 (emphasis added). 18. The Pennsylvania Supreme Court has held that the purpose of the reporting requirement is "preventing fraudulent claims by requiring that accidents be reported to the police." State Farm Mut. Auto. Ins. Co. v. Foster, 585 Pa. 529, 536, 889 A.2d 78, 82 (2005). 20. An insurer need not show that it was prejudiced by an insured's failure to adhere to the reporting requirement. See id. 19. The MVFRL's definition of an uninsured motor vehicle is controlling. See id. 20. Plaintiffs are precluded from bringing an uninsured motorist claim under Granite State Insurance Company policy number 02-LX-7308909-0/000 because they failed to adhere to the reporting requirement of 75 Pa.C.S. 1702 when they failed to notify the police within 30 days, or as soon as is practicable thereafter, of the alleged phantom vehicle. COUNT II 21. Granite State hereby incorporates the preceding paragraphs of its Declaratory Judgment Complaint as though fully set forth at length herein. 22. Endorsement CA 21 92 08 01 states that "disputes concerning coverage under this endorsement may not be arbitrated." See Exhibit C. 23. Since the disputed issues concern coverage, the disputes set forth in the declaratory judgment action are not to be arbitrated, and are outside the scope of any arbitration panel. 24. Accordingly, this Court properly may exercise its jurisdiction over the disputes set forth in this Declaratory Judgment Complaint. WHEREFORE, Granite State Insurance Company, by and through its counsel, requests that this Court declare that Defendants are precluded from making a claim under Granite State 5 Insurance Company policy number 02-LX-7308909-0/000 because they failed to report the phantom vehicle to the police within 30 days or as soon as practicable thereafter. POST & ELL, P.C. ANDRE SPAULDING, ESQUIRE Attorneys for Granite State Insurance Co. 6 V ERIM A'T'IO.N I., Rodney Yarbrough, duly authorized representative of' the Granite State insurance Company, herein states that the statements in the .Declaratory J udgm.ent Complaint are true and correct to the best of nay personal knowledge, or on information and belief, and that this statement is made under the penalty o:f law. RODN 'YAi ROUGH. `e7 Q d a .3 (`al _T -TI ?"t7 'rJ i Tl "} rte _ -i "'C o 11 t-I Granite State Insurance Company Plaintiff, V. Delores Robichaw and Robert Williams Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: b q - 6-0 Z ACCEPTANCE OF SERVICE I accept service of the Declaratory Judgment Coniplaint on behalf of Delores Robichaw and certify that I am authorized to do so. DATE GP r""_ CHILL HUSTON Law Offices of Kane & Silverman, PC The Philadelphian Suite 1-C-44 2401 Pennsylvania Ave. Philadelphia, PA 19130 ... 21 ..wt Granite State Insurance Company Plaintiff, V. Delores Robichaw and Robert Williams Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: p1-,S'6z ACCEPTANCE OF SERVICE I accent service of the Dec'_ ratory Judgment Corrmlaint on behalf of Robert Williams and certify that I am authorized to do so 4. )3i CHURCHILL HUSTON Law Offices of Kane & Silverman, PC The Philadelphian Suite 1-C-44 2401 Pennsylvania Ave. Philadelphia, PA 19130 CP KANE & SILVERMAN, P.C. Churchill H. Huston, Esquire Attorney Identification No. 83810 2401 Pennsylvania Avenue Suite 1 C-44 Philadelphia, Pa. 19130 215-232-1000 Granite State Insurance Company Plaintiff, V. Delores Robichaw and Robert Williams, Defendants Attorney for Defendants Delores Robichaw and Robert Williams COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-502 Civil Term PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT Defendants, Delores Robichaw and Robert Williams, by and through their attorneys, Kane & Silverman, P.C., hereby file Preliminary Objections pursuant to Pennsylvania Rule of Civil Procedure 1028. On January 24, 2007, Plaintiff filed the within Complaint seeking declaratory judgement in response to Defendants' notice of an uninsured motorist claim. See a true and correct copy of Plaintiff's complaint attached hereto and marked as Exhibit "A." 2. This claim arises from an automobile accident on June 9, 2002, in which Defendants were the passengers in a vehicle driven by Angela McClenton who did not survive. 3. This automobile accident was reported to the police on the day of its occurrence. See a true and correct copy of the police report attached hereto and marked as Exhibit "B." 4. The police did not interview Ms. Robichaw or Mr. Williams during the course of their investigation. See Exhibit "B." 5. Ms. Robichaw testified that an unidentified or phantom vehicle seemed to cause the accident. See pages 28 and 29 of her deposition transcript attached hereto and marked as Exhibit "C." 6. Mr. Williams testified that he was reading a book and did not see what caused the accident. Defendants' Preliminary Objection in the Nature of a Motion to Strike 7. 75 Pa.C.S.A. § 1702 defines an unidentified motor vehicle which causes an accident as uninsured if the accident was reported to the police within 30 days. 8. It is undisputed that this accident was reported to the police within 30 days. See Exhibit 64B.99 9. Further, in examining the requirements of section 1702 the Pennsylvania Superior Court held, "§1702, in conjunction with the chief policy goal of establishing a liberally compensatory scheme and the purpose set forth in § 1731(b), requires only that a claimant report the accident to the police, and nothing more." Hatcher v. Travelers Insurance Compga, 617 A.2d 808, 810 (Pa. Super. 1992)(emphasis added). 10. Pa. R.C.P. 1028 (a)(4) allows the Court to dismiss a complaint for legal insufficiency. 11. Because it is undisputed that the accident in which Defendants were injured was reported to the police within 30 days of its occurrence, thus making the vehicle identified by Ms. Williams at her deposition uninsured as defined by 75 Pa. C.S.A. §1702, Plaintiff is not entitled to declaratory judgement as a matter of law. Wherefore, Defendants request this Honorable Court Dismiss Plaintiff's Complaint with prejudice, and enter the attached order. Respectfully submitted, KANE & SILVERMAN, P.C. By: Churchill H. Huston, Esquire Attorney for Defendants KANE & SILVERMAN, P.C. Churchill H. Huston, Esquire Attorney Identification No. 83810 2401 Pennsylvania Avenue Suite 1 C-44 Philadelphia, Pa. 19130 215-232-1000 Attorney for Defendants Delores Robichaw and Robert Williams Granite State Insurance Company Plaintiff, V. Delores Robichaw and Robert Williams, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO. 07-502 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF' COMPLAINT I. Question Presented: a) Whether Plaintiff's Complaint should be dismissed for failure to state a ground upon which relief can be granted? Answer: Yes II. Facts: On January 24, 2007, Plaintiff filed the within Complaint seeking declaratory judgement in response to Defendants' notice of an uninsured motorist claim. See a true and correct copy of Plaintiff's complaint attached hereto and marked as Exhibit "A." This claim arises from an automobile accident on June 9, 2002 in which Defendants were the passengers in a vehicle driven by Angela McClenton who did not survive. This automobile accident was reported to the police on the day of its occurrence. See a true and correct copy of the police report attached hereto and marked as Exhibit "B." The police did not interview Ms. Robichaw or Mr. Williams during the course of their investigation. See Exhibit "B." Ms. Robichaw testified that an unidentified or phantom vehicle seemed to cause the accident. See pages 28 and 29 of her deposition transcript attached hereto and marked as Exhibit "C." Mr. Williams testified that he was reading a book and did not see what caused the accident. See pages 18 through 21 of his deposition transcript attached hereto and marked as Exhibit "D." III. Statement of Law: Pa. R.C.P. 1028 (a)(4) allows the Court to dismiss a complaint for legal insufficiency. 75 Pa.C.S.A. § 1702 defines an unidentified motor vehicle which causes an accident as uninsured if the accident was reported to the police within 30 days. It is undisputed that this accident was reported to the police within 30 days. See exhibit "B." Further, in examining the requirements of section 1702, the Pennsylvania Superior Court held, "§1702, in conjunction with the chief policy goal of establishing a liberally compensatory scheme and the purpose set forth in § 1731(b), requires only that a claimant report the accident to the police, and nothing more." Hatcher v. Travelers Insurance Company, 617 A.2d 808, 810 (Pa. Super. 1992)(emphasis added). Because it is undisputed that the accident in which Defendants were injured was reported to the police within 30 days of its occurrence, thus making the vehicle identified by Ms. Williams at her deposition uninsured as defined by 75 Pa. C.S.A. §1702, Plaintiff is not entitled to declaratory judgement as a matter of law. Wherefore, Defendants request this Honorable Court Dismiss Plaintiff's Complaint with prejudice, and enter the attached order. Respectfully submitted, KANE & SILVERMAN, P.C. B Y• e? Churchill H. Huston, Esquire Attorney for Defendants CADocuments and SettingsOtTocal Settings\Temporary Internet Files\OLKEC\PO's to D's Complaint 07 0308.wpd KANE & SILVERMAN, P.C. Churchill H. Huston, Esquire Attorney Identification No. 83810 2401 Pennsylvania Avenue Suite 1 C-44 Philadelphia, Pa. 19130 215-232-1000 Attorney for Defendants Delores Robichaw and Robert Williams Granite State Insurance Company Plaintiff, V. Delores Robichaw and Robert Williams, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO. 07-502 Civil Term CERTIFICATE OF SERVICE I, Churchill H. Huston, Esquire, certify that on this, 8th day of March, 2007, I forwarded a copy of Preliminary Objections of Defendants to Plaintiffs Complaint and Memorandum of Law via United States First Class Mail postage prepaid to the following: Andrew J. Spaulding, Esquire POST & SCHELL, P.C. Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 Respectfully submitted, KAN & SILVj?E AN, P.C. By: /'*/? /? urchill H. Huston, Esquire Attorney for Defendants VERIFICATION I, Churchill H. Huston, Esquire, attorney for Plaintiff have sufficient knowledge and/or information and belief as to the matters stated in the attached pleading by reason of investigation and the parties' verification cannot be obtained within the time allowed for the filing of this pleading. The undersigned understands that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. laii 44t? Churchill H. Huston, Esquire Attorney for Defendants CADocuments and Settings\DALocal Settings\Temporary Internet Files\OLKEC\PO's to D's Complaint 07 0308.wpd L??`?b?? / C? 4.')Og7 POST & SCHELL, P.C. BY: ANDREW J. SPAULDING I.D. #: 88096 13TH FLOOR FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 Granite State Insurance Company Plaintiff, V. Delores Robichaw and Robert Williams Defendants. ATTORNEYS FOR PLAINTIFF Granite State Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 01 - 02, NOTICE _N i 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 fiuther notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT HAVE A LAWYER CONTACT: Pennsylvania Bar Association Lawyer Referral Service 100 South Street P.O. Box 186 Harrisburg, PA 17108-0186 Telephone (800) 692-7375 (2, '0' - L' ?- T" POST & SCHELL, P.C. BY: ANDREW J. SPAULDING I.D. #: 13TH FLOOR FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 Granite State Insurance Company Plaintiff, V. Delores Robichaw and Robert Williams Defendants. ATTORNEYS FOR PLAINTIFF Granite State Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: DECLARATORY JUDGMENT COMPLAINT 1. Plaintiff, Granite State Insurance Company (hereinafter "Granite State") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business in New York. 2. Defendant, Delores Robichaw (hereinafter "Ms. Robichaw") is an adult individual and a citizen of the Commonwealth of Pennsylvania, residing in Williamsport, Lycorning County, Pennsylvania. 3. Defendant, Robert Williams (hereinafter "Mr. Williams') is an adult individual and a citizen of the Commonwealth of Pennsylvania, residing in the City of Philadelphia, Philadelphia County, Pennsylvania. HISTORY OF CONTROVERSY 4. On June 9, 2002, Ms. Robichaw and W. Williams were passengers in a motor vehicle operated by Angela McClenton ("Ms. Mclenton' ), which was owned by Alexander Family Auto Dealership and insured under a policy of insurance issued by Granite State to the Alexander Family Auto Dealership (hereinafter "Alexander Family"). 5. On the aforesaid date, the above described vehicle was in a single vehicle accident on Route 81 in Cumberland County, Pennsylvania, wherein Ms. McClenton lost control of the vehicle, causing it to flip. The accident resulted in the death of Ms. McClenton and alleged injuries to Ms. Robichaw and Mr. Williams. 6. On June 4, 2004, Ms. Robichaw and Mr. Williams instituted suit in the Court of Common Pleas of Philadelphia County against the Estate of Ms. McClenton for injuries they allegedly sustained in the aforementioned accident. 7. The depositions of Ms. Robichaw and Mr. Williams were completed in the case against the Estate of Ms. McClenton on December 19, 2005. 8. At the December 19, 2005 deposition, nearly four years after the accident, Ms. Robichaw identified for the first time that the accident may have been caused by an alleged phantom vehicle. 9. Upon information and belief, prior to the December 19, 2005 deposition, neither Ms. Robichaw nor Mr. Williams previously identified a potential phantom vehicle as the cause of the accident. 10. A police report was issued by the Pennsylvania State Police on June 9, 2002. The police report does not mention the alleged phantom vehicle. See Police Report a copy of which is attached hereto as Exhibit "A." 11. On January 3, 2006, nearly four years after the accident, counsel for Ms. Robichaw and Mr. Williams sent notice of an uninsured motorist claim to Granite State Insurance Company. 3 POLICY OF INSURANCE 12. Granite State hereby incorporates the preceding paragraphs of its Declaratory Judgment Complaint as though fully set forth at length herein. 13. Granite State issued a policy of insurance to Alexander Family under policy no. 02-LX-7308909-0/000 with a policy period running from March 1, 2002 through March 1, 2003. See Policy Declarations, a copy of which is attached hereto as Exhibit "B." 14. The aforesaid policy, which included commercial automobile coverage, included, for that purpose, bodily injury liability coverage in the amount of $1 million. The aforesaid policy contained UM/UIM coverage in the amount of $35,000.00. See Exhibit B. 15. The aforesaid policy includes endorsement CA 21 92 08 01, which provides for Pennsylvania Uninsured Motorists Coverage - Nonstacked. See CA 21 92 08 01, a copy of which is attached hereto as Exhibit "C." 16. The aforesaid policy provides as follows with respect to its insuring agreement: 1. We will pay all sums the insured' is legally entitled to recover as compensatory damages from the owner or driver of an 'uninsured motor vehicle.' See Exhibit C. COUNTI 17. Granite State hereby incorporates the preceding paragraphs of its Declaratory Judgment Complaint as though fully set forth at length herein. 18. Under the Pennsylvania Motor Vehicle Financial Responsibility law, the definition of "uninsured motor vehicle" includes: An unidentified motor vehicle that causes an accident resulting in injury provided the accident is reported to the police or proper governmental authority and the claimant notifies his insurer within 30 days, or as soon as practicable thereafter, that the claimant or his legal representative has a legal action arising out of the accident. 4 75 Pa.C.S. 1702 (emphasis added). 18. The Pennsylvania Supreme Court has held that the purpose of the reporting requirement is "preventing fraudulent claims by requiring that accidents be reported to the police." State Farm Mut. Auto. Ins. Co. v. Foster, 585 Pa. 529, 536, 889 A.2d 78, 82 (2005). 20. An insurer need not show that it was prejudiced by an insured's failure to adhere to the reporting requirement. See id. 19. The MVFRL's definition of an uninsured motor vehicle is controlling. See id. 20. Plaintiffs are precluded from bringing an uninsured motorist claim under Granite State Insurance Company policy number 02-LX-7308909-0!000 because they failed to adhere to the reporting requirement of 75 Pa.C.S. 1702 when they failed to notify the police within 30 days, or as soon as is practicable thereafter, of the alleged phantom vehicle. COUNT II 21. Granite State hereby incorporates the preceding paragraphs of its Declaratory Judgment Complaint as though fully set forth at length herein. 22. Endorsement CA 21 92 08 01 states that "disputes concerning coverage under this endorsement may not be arbitrated." See Exhibit C. 23. Since the disputed issues concern coverage, the disputes set forth in the declaratory judgment action are not to be arbitrated, and are outside the scope of any arbitration panel. 24. Accordingly, this Court properly may exercise its jurisdiction over the disputes set forth in this Declaratory Judgment Complaint. WHEREFORE, Granite State Insurance Company, by and through its counsel, requests that this Court declare that Defendants are precluded from making a claim under Granite State 5 Insurance Company policy number 02-LX-7308909-0/000 because they failed to report the phantom vehicle to the police within 30 days or as soon as practicable thereafter. 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D ee NO "en Cm?• :3 iL*r ile?rnf9t3 Li 1 a tAOrrjwnr i Qihb O t7p O S ? s Qcirwcs AaiyhrE Q4ot in Enteigenq •0 3?pe!? •.. 0 V DAD 1 Z 'SGm t'J: Om `- V1 4C 7Z? RIM . i 1tf0r Aradinsc`? CO .; -11 n T C ????,? ? CONDENSED COPY IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA KEISHA MCCLENTON, MAY TERM Administratrix of the 2004 Estate of ANGELA McCLENTON, deceased, Plaintiff, vs. FORD MOTOR COMPANY, a Foreign Corporation and ALEXANDER UNIVERSITY FORD, LINCOLN, MERCURY, CHRYSLER, PLYMOUTH, DODGE and DODGE TRUCK and JOHN'S MOBILE REPAIR SERVICE, INC. and GMAC RISK SERVICES, INC. Defendant. : NO. 4856 21 22. 23 24. Monday, December 19, 2005 Philadelphia, Pennsylvania Oral Deposition of DOLORES ROBICHAW, held at the law offices of EISENBERG, ROTHWEILER, SCHLEIFER, WEINSTEIN & WINKLER, P.C., 1634 Spruce Street, Philadelphia, Pennsylvania commencing at approximately 12:30 p.m., on the above .date, before Josephine Guerrieri, Professional Court Reporter and Commissioner of Deeds. LOVE COURT REPORTING, INC. 1500 Market Street. 12th Floor, East Tower Philadelphia,.. Pennsylvania. 19102. (215).568-5599 Dolores Robichaw Page 2 Page 4 1 APPEARANCES: I 2 EISENBERa, ROTI{WEILER, SCHLEIFER, 2 INDEX 3 WEINSCEIN & WINKLER P.C. 3 BY: JAMES A. WELLS, ESQUIRE WITNESS PAGE 4 1634 Spence Street 4 . . Philadelphia, Pennsylvania 19103 5 (215) 546.6610 DOLORES ROBICHAW Counsel for Plaintiffs 5 6 7 CAMPBELL CAMPBELL EDWARDS & CONROY 6 EXAM NATION BY BY: KRISTEN E. DENNISON, ESQUIRE 7 MR. WELLS 5,81 8 Chesterbrook Corporate Center 690 Lee Road, Suite 300 8 MS. DENNISON 42 9 Wayne, Pennsylvania 19057 9 (610)964-1900 10 Counsel for Defendant, ... Ford Motor Company 10 11 11 12 SWARTZ CAMPBELL, LLC 12 BY: JAMES D. CELLA, ESQUIRE 13 1601 Market street EXHIBITS 34th Floor 13 14 Philadelphia, Pennsylvania 19103 (215) 299-4330 14 NUMBER DESCRIPTION PAGE IS Counsel for Angola McClenton 15 16 (nn separate action) 16 (No exhibits were marked at this time.) 17 17 KANE & SILVERMAN, P.C. 18 18 BY. VINCENT C. CATALDO, ESQUIRE The Philadelphian - - - 19 2401 Pennsylvania Avenue, Suite 1C-44 19 Philadelphia, Pennsylvania 19130 20 20 (215) 232-1000 Counsel for Witnesses 21 21 (in separate action) 22 22 23 23 24 24 Page 3 Page 5 1 1 --- DEPOSITION SUPPORT INDEX 2 PROCEEDINGS 2 3 --- 3 DIRECTIONS NOT TO ANSWER: PAGES: None. 4 (11 is agreed by and between 4 5 Counsel for the respective parties 5 6 that the reading, signing, sealing, REQUESTS FOR DOCUMENTS OR INFORMATION 7 filing and certification are hereby 6 PAGES: None, g except as waived and all objections 7 , , 8 STIPULATIONS AND/OR STATEMENTS: 9 to the form of the question, are PAGE: 5 10 reserved until the time of trial.) 9 11 --- 10 12 DOLORES ROBICHAW, having been MARKED QUESTIONS: 1 I PAGES: None. 13 first duly sworn, was examined and 12 14 testified under oath as follows: 13 15 --- 14 16 EXAMINATION 15 17 _ - 1b 17 18 BY MR. WELLS: 18 19 Q. Good afternoon, M. Robichaw. MY 19 20 name is Jim Wells. ?? 21 As you know, you've been 22 22 requested to appear here today to give 73 24 23 testimony by way of a deposition regarding an { 24 automobile accident that occurred on June 4, , -2 (Pages 2 to 5) Love Court Reporting, Inc. Dolores Robichaw Page 6 1 2002 where you were a passenger in a vehicle 2 driven by Angela McClenton. Do you understand 3 that that's the reason why you are here? 4 A. Yes. 5 Q. Have you ever had your deposition 6 taken before? 7 A. No. 8 Q. What I am going to do is we're 9 all interested in, one, thoroughly getting a 10 sense of what you recall about this accident 11 and I'm going to ask you a number of questions 12 designed to tell us what you recall about this 13 accident. 14 We're all interested is going as 15 quickly as possible and getting you out of here 16 as quickly as possible. So, I'm going to 17 suggest some ground rules that will make this 18 go a lot easier for all of us. Okay? 19 A. Okay. 20 Q. As I indicated, first of all, 21 this will be a question and answer format. I 22 will ask a question and then you're to answer 23 that question to the best of your ability. 24 Okay? Page 8 1 feel free to tell me that you didn't understand 2 it. I want you to tell me if you don't 3 understand a question. Okay. 4 A.. Yes. 5 Q. If you don't tell me that, I'm 6 going to assume that you did understand the 7 question and when we read the transcript back 8 we're going to assume that you understood the 9 question. Do you understand that? 10 A. Yes. 1 I Q. Finally, as I indicated, we're 12 going to try to do this as quickly as possible 13 for you, but in the event it goes longer than 14 you hope, if you feel like you need to take a 15 break for any reason, you're free to do that, 16 just tell us: Okay? 17 A. Okay. 18 Q. With that, I'll get started. Can 19 you tell me your full name. 20 A: My name is Dolores Catherine 21 Robichaw. 22 Q. And can you tell me your birth 23 date? 24 A. 6/25!54. Page 7 Page 9 I A. Okay. I Q. And your social security number. 2 Q. Sometimes in the course of normal 2 A. 199-60-2370. 3 conversation, if you know what I'm asking, you 3 Q. And is it okay if I call you 4 may want to give me an answer before I've 4 Dolores? 5 actually finished asking the question. It's 5 A. Yes. 6 normal for people to do, but that makes it 6 Q. Dolores, can you tell me where 7 difficult for the court reporter. 7 you are residing right now? 8 So, I'm going to ask that even if 8 A. I live in Williamsport. 9 you know where I'm going with the question, 9 Q. Can you give me the address. 10 bold off until I'm finished and then you can 10 A. 700 West Edwin Street, Apartment I l answer the question. Does that sound good? 11 II. 12 A. Yes. 12 Q. Is that Elm Street? 13 Q. Secondly, the other thing is, 13 A. Edwin, E-D-W-I-N. 14 it's also going to be necessary that you 14 Q. Okay. And is that where you were 15 verbalize your answers. If you nod your head 15 living at the time of this accident on June 9, 16 yes, the court reporter has no way of getting 16 2002? 17 that down for the record. 17 A. Yes. 18 I'm going to ask that whatever 18 Q. And for how long have you lived 19 answers you have to my questions that you 19 at that address? 20 verbalize those answers. Okay? 20 A. I been living there for 21 A. Yes. ` 21 ten years. 22 Q. The other thing is, it certainly 22 Q. Were yoti always from the 23 wouldn't be the first time if I asked a 23 : Williamsport area? 24 question that didn't make sense and you can 24 A.. 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Angie was like -- she would have 1 2 been 45 now. She had to be a few years older 2 3 than me. 3 4 Q. Do you also know members of 4 5 Angela's family? 5 6 A. Yes. 6 7 Q. Who do you know from Angela's 7 8 family? 8 9 A. Everybody. 9 10 Q. Who is everybody? 10 I 1 A. All her family members, her 11 12 brothers and sisters, mother, the father -- 12 13 well, the father's deceased. 13 14 Q. Do you know Keisha McClenton? 14 15 A. Yes. 15 16 Q. How well do you know Keisha 16 17 McClenton? 17 18 A. Very well. 18 19 Q. Do you still have occasion to see 19 20 Keisha McClenton. 20 21 A. Yes. I don't see her often. 21 22 Q. Do you speak to her at all? 22 23 A. No, not too much. I mean, during 23 24 the holiday time when the kids -- my 24 Page 1! 1 daughter -- my daughter be over Keisha's house 2 all the time. We talk but not -- if she 3 talking on the phone, I tell Shydia you tell 4 Keisha I said hi, but other than that, I don't 5 like to get on the phone and conversate too 6 much. 7 Q. Do you know when the last time 8 was that you had a conversation with.Keisho? 9 A. No. 10 Q. And at the time of this accident, 1 l in June of 2002, how often did you see Angela 12 McClenton at that time? 13 A. All of the time, every day. 14 Q. Why is it; what was the 15 circumstance? 16 A. Our daughters, we had children 17 that grew up together. We always was doing 18 things with the girls, going away, going on 19 trips. 20 Q. Okay. Where did Angela live at 21 that time? 22 A. 914 High Street - 916 High 23 Street. 24 Q. Is that also in. Williamsport? Page 16 A. Yes. Q. So, how close is that to you? A. Only like three blocks, four. Q. And you both have daughters. Mow many children do you have? A. One. Q. And how old is your daughter? A. She's 18. Q. And how about Angela? A. She has three; two daughters and a son. Q. So, again, if you can estimate for me how often did you see her. A. Every day. Q. Did you work together? A. No. Angela worked for HOPE. That's who she was working for when the accident happened. Q. Okay. Do you know how long she had been working there? A. She worked for HOPE for about five years or more. I'm not too sure. It might have been longer than five. Q. Do you know the nature of the Page 17 1 work that she did? 2 A. Yes. She worked with the 3 disabled people. 4 Q. Doing what? 5 A. Taking care of them, Re living 6 -- being in the house with them, making sure 7 they eat, take their medication, take them out. 8 That type of work. 9 Q. Is this something that you saw 10 her do? II A. Yeah. 12 Q. How did that happen; how is it 13 that you saw her while she was at work? 14 A. Yes, because when they used to -- 15 when she used to have to take them to the 16 clinic or something like that, some of her 17 clients would be able to come to her house and 18 stuff like that, if they go out to lunch or 19 something like that. 20 Q. So, you would sometimes see her 21 on a lunch hour and she would be with patieitts; 22 is that right? 23 A. . Yeah, one or two of her clients 24 in the van, transporting them, taking them to Love Court Reporting, Inc_., Dolores Robichaw Page 18 1 the hospital, something like that, to the 1 2 clinic. 2 3 Q. Okay. Now, Y would like to turn 3 4 your attention to the day of the accident, June 4 5 9, 2002; is that right? 5 6 A. Yes. 6 7 Q. Can you tell me, generally, what 7 8 you were doing on the date of the accident? 8 9 A. I was coming from visiting my 9 10 daughter. What happened was, my daughter had 10 I 1 gotten into some trouble for the first time and 11 12 they took her, to set an example, out of the 12 13 high school and sent her away to a boot camp. 13 14 She was there for four weeks before we was able 14 15 to visit her. 15 16 Q. What is the name of this boot 16 17 camp? 17 18 A. Vision Quest. 18 19 Q. Okay. Where was that located? 19 20 A. I can't remember the exact 20 21 location. 21 22 Q. Did you drive from Williamsport 22 23 to Vision Quest? 23 24 A. Yeah. 24 Page 19 1 Q. Do you recall how long that trip. 2 took? 3 A. We got lost, that's why it took 4 so long. We missed the visit. We missed her 5 visit. Her visit was at 4:00. We didn't get 6 to her visit until like about 5:30, maybe 6:00 7 and they let us visit her for like a half hour, 8 cause it was right during the time that they 9 was having dinner. They did let us visit her 10 because we came such a long ways and then we 11 got lost. 12 Q. You got lost on the way to Vision 13 Quest; is that right? 14 A. Yes. 15 Q. What time did your visit then 16 take place? 17 A. I can't recall what time. I know 18 her visit was 3:00, either 3:00 or 4:00. We 19 got - we didn't get there till like about 20 5:30, 6:00. 21 MIf. WELLS: Can we take a short 22 break. 23 24 {At this point, there was a brief recess taken, after which, the deposition continued as follows:) Page 20 1 MR WELLS: Back on the record. BY MR. WELLS: Q. Okay. Ms. Robichaw, I think you said your visit with your daughter was scheduled for around 3:00 or 4:00 that day? A. Yes. Q. But because you got lost on the way down, it occurred at a later time that day? A. Yes. Q. Do you recall the time you actually visited with your daughter? A. We didn't stay real long. We stayed about a half hour, I think. Q. And what did you do after that? A. After that we went to Burger King to get something to eat and then we got back on the highway to come back home. Q. Okay. And who all was with you on this trip? A. Angela and Robert Williams. Q. And did Angela drive the entire Page 21 1 way down? 2 A. Yes. 3 Q. Do you recall how long you were 4 driving on the return trip before this accident 5 happened? 6 A. Oh, it wasn't real long. We went 7 to Burger King. Right after we went to Burger 8 King, we ate and then left Burger King and 9 that's when we got on the highway to come back 10 home and right after that like 15 minutes on 1 I the highway and the accident happened. 12 Q. Do you know where that Burger 13 King was located? 14 A. I know it wasn't far from Vision 15 Quest. 16 Q. Did you have a particular time 17 that you wanted to get home? 18 A. No. 19 Q. Was there anything occurring that 20 day that would lead you to say you were in a 21 hurry? 22 A.: No. 23.. Q. Do you recall what the weather 24, was like that day? 6 (1'ages. l8 to 21) Love Court Reporting, Inc. Dolores Robichaw Page 22 Page 24 1 A. It was nice. It was real nice I A. When I say excellent driver - 2 that day. 2 yes, I can say excellent drive. I mean, every 3 Q. Had it rained at all? 3 -- Angela was an excellent driver. 4 A. No, it was in the summer. No, it 4 Q. Why did you say she was a good 5 was really nice out. It was hot. 5 driver? 6 Q. And just before the accident, can 6 A. Because every time we used to go 7 you tell me wherever everybody was situated 7 on trips, everybody say Angie driving, Angie 8 within the vehicle? 8 driving. She's been driving since she was 9 A. Yes. Angie was the driver, She 9 young. Since she was about 15, 16 years old, 10 had her seatbelt on. I was in the passenger 10 she's been driving. 1 I seat and I had my seatbelt on and Robert was in 11 Q. Did you consider her to be a safe 12 the back and he was reading a book. We was -- 12 driver? 13 me and Angie would conversate. Robert was in 13 A. Yes. 14 back and he was reading something. He was 14 Q. And why do you say that? 15 reading one of his prophets -- prophets -- he 15 A. Because every time Angie went 16 was reading one of those prophets books. 16 around the corner, the first thing she used to 17 Q. Prophets books? 17 always do, you know how Catholics kiss, like 18 A. Yeah, he's Muslim so - 18 kiss Mary and do this (indicating), she always 19 Q. Okay. Had you driven in a car 19 did that. 20 with Angela before this date? 20 Q. You're indicating that she would 21 A. . Yeah, I always drive with Angie. 21 form the cross on her body? 22 Q. Could you estimate for me how 22 A. Yeah, she always formed the cross 23 many times you were a passenger in a car driven 23 on her body and she always put her seat belt 24 by Angela? 24 on. I don't care where we go at, that was the Page 23 Page 25 l A. I can't even answer that 1 first thing she did. 2 question. It was all the time. We always -- 2 - Q. Did you ever consider her to be 3 we spent a lot of time together. We had 3 someone who would drive at an excessive speed? 4 children together and we did things together. 4 A. No. 5 We was always in vehicles together. 5 Q. Now, on this particular day, can 6 Q. So, between the two of you, is 6 you tell me what the traffic conditions were 7 there one of you who would typically drive? 7 like just immediately before the accident? 8 A. Yeah, Angie. 8 A. Traffic was -- it wasn't heavy 9 Q. Did you ever drive? 9 heavy, it was consistent. It was consistent. 10 A. No. 10 It wasn't lice it was backed up or anything 11 Q. Are you licensed to drive? 11 like that. It was consistent, 12 A. Uh-uh. 12 Q. At the time of the accident, can 13 Q. No? 13 you tell me whether or not Angela was.operating 14 A. No. 14 the vehicle at what you considered an excessive 15 Q. And so, for that reason - 15 speed? 16 A. "That's why I don't drive, cause 16 A. Yes, because she was -- she was 17 I'm not licensed. 17 ?- she was doing the speed miles. I can't 18 Q. For that reason Angela would 18 really say that she was doing the speed miles. 19 always drive? 19 I don't - she was doing the -- she was right 20 . A. Yeah, but I don't like to drive. 20 behind the tractor trailer. So, if he was 21. Q. Did you consider Angela to be a 21' doing the speed miles, then she was doing the 22 safe driver? : 22 speed miles. She was right in back of him. 23 A. Angela was an excellentdriver. 23. . Q. Letwe ask.you this. Immediately 24. Q.. Didyou - 24 . before this accident occurred, as you driving ages 22 to Love Court Reporting, Inc, . Dolores Robichaw Page 26 1 along, did you feel that Angela was do anything 1 2 unsafe? 2 3 A. No. 3 4 Q. Did you have any cause to be 4 5 concerned for your safety? 5 6 A. No. 6 7 Q. Did you see whether or not Angela 7 8 was maintaining a safe distance between her 8 9 vehicle and the vehicle in front of her? 9 10 A. Yes. 10 11 Q. And did you believe it to be a 11 12 safe distance? 12 13 A. Yes. 13 14 Q. Did you see her at any point 14 15 tailgating any vehicles in front of her? 15 16 A. I don't - no. 16 17 Q. Do you know what I mean when I 17 18 use the phrase tailgating? 18 19 A. What you mean? 19 20 Q. Okay. 20 21 A. You mean driving up close, like 21 22 following them? 22 23 Q. Right. Following too closely. 23 24 A. No. 24 Page 27 1 Q. When you say no, am I correct 1 2 that you didn't see Angela operating her 2 3 vehicle in that manner? 3 4 A. No, she didn't. 4 5 Q. Do you recall whether or not, at 5 6 any time immediately before or at the time of 6 7 this accident, Angela was talking on her cell 7 8 phone? 8 9 A. No. 9 10 Q. Did she have a cell phone with 10 11 her? 11 12 A. Yeah, but Angie wasn't on her 12 13 cell phone. The cell phone was on the floor. 13 14 Not on the floor, but you know where you -- the 14 15 cups in the jeep. go, the phone was right in 15 16 between there. Cause matter of fact, I was the 16 17 last one to use the phone. 17 18 Q. Do you recall whether or not the 19 19 radio of the vehicle was being played at the 19 20 time? 20 21 A. It was on. 21 22 Q. Do you recall if it was what you 22 23 *ould consider loud? . 23 24 A.. No, it wasna. We was holding a 24 Page 28 conversation. We just had it on so Robert wouldn't really hear our conversation and he was reading so. Q. Do you recall what you were talking about? A. No. Q. Now, do you recall which lane of travel you were in. A. I can't remember that. That's -- I can't remember that, which lane I was in. Q. But it's your recollection that there was a vehicle in front of your vehicle? A. I remember there was a vehicle in front of my vehicle and I remember there was a truck coming on the side of us. Q. And what do you remember about the truck coming along side of you? A. As the truck flew by and like swerved towards the car and that's when Angie seemed like -- the way it swerved towards the back of the car - the back of the trailer, the way that it swerved, it looked like it might have hit the front of our car and Angie went to swerve a little bit and when she swerved, Page 29 that's when she slammed on the brakes. Q. Now, when you're talking about this vehicle that was swerving into your lane of traffic - let me back up. You don't recall which lane you were in? A. No. Q. But the vehicle that you're referring to with the swerving was in the other lane; is that fair? A. Yes, yes. Q. Do you recall how fast that vehicle was traveling? A. He flew by us. It wasn't -- we was on the highway first. It wasn't no vehicle right there. When he - once he drove -- he flew by us. "That's how he did. I can't recall really how fast he was going, I just know that he came and he flew by us. , Q. Now, just before this occurred, did you believe that Angela was distracted in any, way? A. Uh-uh. Angie was - Q., Is that a no? ages 26 to Love Court Reporting, Inc. Dolores Robichaw Page 30 1 A. No. 2 Q. Was she paying attention to what 3 was going on in the roadway? 4 A. Yes. 5 Q. And how did she react to this 6 vehicle swerving into her lane? 7 A. That's when she panicked, I 8 believe. The back of the truck was swerving. 9 That's when she kind panicked. 10 Q. Do you recall how far into your I 1 lane of travel this vehicle swerved? 12 MS. DENNISON: Objection to 13 form. 14 MR. WELLS: You can answer. 15 THE WITNESS: What she say? 16 MR. WELLS: You can answer my 17 question, which was, do you recall 18 how far into your lane of travel this 19 vehicle swerved? 20 THE WITNESS: No. 21 BY MR. WELLS: 22 Q. What is the next thing that you 23 recall happening? 24 A. Angie slammed on the brakes and Page 31 1 the back of the jeep it spinned around. I 2 remember it spinned around and we went all the 3 way to the other side of the road. We tumbled 4 too. 5 Q. When you refer to a jeep, are you 6 referring to the vehicle that Angela was 7 driving? 8 A. Yes. 9 Q. And you indicated that it's your 10 belief that Angela applied her brakes? 11 A. Yes. 12 Q. And what if any other driving 13 action do you recall Angela doing? 14 A. That's all I remember. 15 Q. Okay. And do you recall at some 16 point the vehicle leaving the roadway? 17 A. Repeat that question. 18 Q. Do you recall at some- strike 19 that. 20 Do you recall the vehicle leaving 21 the roadway at some point? 22 A. Like as Angie was driving? 23 Q. Yes. 24 A. Ub-uh. Page 32 1 Q. No, after she applied the brakes. 2 A. Oh, yes. 3 Q. And I think you said that you 4 recall the vehicle tumbling? 5 A. Yeah, we tumbled like three or 6 four times. It -- you know, we flipped over in 7 the jeep. The whole jeep flipped over, like 8 three or four times. We was on one side of the 9 highway and I think the way we slid, we ended 10 up on the other side of the highway. I'm not 11 really sure. I can't remember. The way that I 12 was pinned in the car, I can't remember what 13 side of the highway we was on, but I do know 14 that we tumbled over three times, three or four 15 times. 16 Q. And before Angela applied her 17 brakes, are you able to estimate for me how 18 fast she was traveling? 19 A. No. Cause I wasn't looking at 20 the idle, the speed idle, I wasn't looking at 21 that. 22 Q. Is it fair to say that you were 23 moving along with traffic? 24 A. Yeah. Page 33 1 Q. And it's also fair to say that 2 you didn't feel unsafe in any way? 3 A. No, I did not. 4 Q. Now, what do you recall happening 5 when the vehicle came to rest? 6 A. After the accident? 7 Q. Yes. 8 A. I heard a lot of people. I just 9 heard a lot of people saying keep calm, keep 10 calm. It was a nurse -- there was an RN that i 1 was right there. She was working on Angie at 12 the time. I couldn't see Angie cause the way 13 that I was turned this way in the truck, but I 14 looked out the side of my eye and all I could 15 see was Angie's neck like this (indicating). 1.6 Q. I'm going to back up a little 17 bit. First of all, you indicated that you were 18 pinned in the vehicle in some sort of fashion? 19 A. Yes. 26. Q. . And can you describe that for me. 21 A. I was -- I don't -- I was like. 22 this in.the vehicle (indicating).. 23 Q. I'm going to try to describe that 24 and you tell me if you agree with my 9 ages 30 to Love Court Reporting, bc. Dolores Robichaw Page 34 1 description. Was your left shoulder facing 1 2 towards the windshield of the vehicle? 2 3 A. Yes. 3 4 Q. And so,your body was oriented .4 5 towards the right passenger side of the 5 6 vehicle; is that safe to say? 6 7 A. Yes. 7 8 Q. And why is it that you were 8 9 unable to turn and get a better view of the 9 10 driver's seat? 10 I I A. Because I was turned in the car 11 12 like that. 12 13 Q. I'm trying to understand what 13 14 made you pinned. 14 15 A. The way - because of the 15 16 collision, whatever we hit on. Whatever we 16 17 hit, I don't know why, but I couldn't turn 17 18 around. I was pinned in the car like that. 18 19 They had to -- the fire department or whatever 19 20 had to come and cut the door off. 20 21 Q. Okay. When you say they had to 21 22 come and cut the door off, did someone cut your 22 23 door off? 23 24 A. Yes. 24 Page 36 just kept hearing them say that, I see a pulse, I see a pulse, so she's still alive, she's still alive. And at that point I realized that it was real serious. I kept calling for Robert. Me and Robert kept conversating so we wouldn't go into shock. Q. Were you able to see Robert Williams? A.. Uh-uh. Q. No? A. No. Q. But you were able to talk to him? A. Yes. Q. What do you recall the two of you saying? A. He kept saying, Dolores, Dolores, is you all right, is you all right, you not talking, you not talking. I was mostly worried about Angie. Me and Robert was communicating, but me and Angie wasn't. Q. Do you know how long it was before your door was removed from the vehicle? A. No. Q. What occurred after your door was Page 3 S 1 Q. Were you unable to get out of the 2 3 A. I couldn't move. 4 Q. - vehicle until that occurred? 5 A. I could not move. 6 Q. Did you, at that time, have any 7 visible injuries on any part of your body and 8 can you describe those injuries for me? 9 A. I got my teeth knocked out and I 10 had a black eye. I had glass cuts all over my I l face. I had stitches in my arm. I had to be 12 in a back brace for a while with my lower back. 13 Q. We'll get into that, but at that 14 time, as you're sitting in the vehicle, unable 15 to move, I want to get a sense of what physical 16 injuries you had at that time. 17 A. I had like cuts on my face. 18 Thai's all. 19 Q. And how well were you able to 20 observe Angela at that time? 21 A. I couldn't see Angie. I kept 222 calling and calling to her, but she didn't . 23 respond I kept hearing people saying I hear a . 24 pulse, I hear a pulse. I kept_remembering -- I Page 37 1 removed from the vehicle? 2 A. I heard the helicopter comedown. 3 Q. And you weren't transported by 4 helicopter; were you? 5 A. No. 6 Q. You were transferred by an 7 ambulance? 8 A. Yes. Angela was transferred by 9 helicopter. 10 Q. What medical attention did you I 1 receive at the scene of the accident? 12 A. They put a neck brace on me. Oh, 13 I was in so much pain. They put a neck brace 14 on me. I was in so many pain. They put this 15 orange thing around my neck and this thing on 16 my head 17 They lifted me out the truck and 18. that was the worse pain I ever had. I was just 19 -- I felt like so much pain. I just felt so 20 much pain and when they put me on that thing, I 21 just screamed from that time until they got me 22 to the hospital. 23 Q. When you. say that thing, were you. 24 placed on a stretcher? 10 (Pages 34 to 3.7 Love Court Reporting, Inc. Dolores Robichaw Page 38 1 A. Yes, it was a stretcher and when 1 2 they picked it up and them legs dropped, oh, 2 3 that hurt. 3 4 Q. And you were placed in the back 4 5 of an ambulance? 5 '6 A. Yes. 6 7 Q. And you were taken to a hospital; 7 8 is that right? 8 9 A. Yes. 9 10 Q. And what sort of treatment did 10 1 I you receive at the hospital? 11 12 A. They took X-rays. They gave me 12 13 stitches, they gave me some antibiotic. They 13 14 gave me some papers to read. I stayed in the 14 15 hospital for a little while and they watched me 15 16 for some hours before I was allowed to leave. 16 17 Q. When were you discharged? 17 18 A. That same night. 18 19 Q. That sal`x?,e night? 19 20 A. Well, it went into the next day 20 21 though. 21 22 Q. And when all was said and done at 22 23 the hospital, what injuries were you told you 23 24 had? 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 39 A. I had a lot of bruises on me, cuts, my arm was messed up from the glass in the jeep. I had a lot of cuts and stuff. Q. Did you sustain any sort of head injury at all? A. Yes. Q. What do you mean by head injury? A. I had a big bruise on my head that went into my eye. It was a bruise here and here to my eye (indicating). When I went back to the doctor, I was having real bad headaches for a while and they sent me back to the emergency. Q. What I'd like to know is did you sustain any sort of bead injury that caused you to have any kind of memory loss? A. . You know what, in all honestly right now, I do have lack of memory. Q. But has any doctor told you that .ybu - Y A. No. Q. sustained that type of an, injury? A. No. : . Page 40 1 Q. Regarding the accident itself, you told us that you can't recall which lane you were traveling in; is that right? A. That's right. Q. What can you tell me about the vehicle that you saw swerve into your lane of travel just before the accident? MS. DENNISON: Objection. MR. WELLS: You can answer. THE WITNESS: I don't know. I mean - I know he was going pretty fast. BY MR. WELLS: Q. Do you recall what type of vehicle it was? A. It was a truck. Q. Is there anything that sticks out in your mind as a distinguishing -- A. I can't remember. Q. - characteristic about that truck? A. No, cause I can't remember what kind of truck it was. Q. I am going take you back to the Page 41 1 hospital. Were you visited at the hospital by 2 a Pennsylvania State Trooper? 3 A. No. 4 Q. You don't recall that? 5 A. No. 6 Q. Did a Pennsylvania State Trooper, 7 at some point, have a conversation with you 8 about this accident? 9 A. No. 10 Q. Did a Pennsylvania State Trooper 11 ever return any personal items to you? 12 A. No, not to me. 13 Q. Do you recall, other than any 14 discussions you may have had with your 15 attorneys, has anyone taken a statement from 16 you about this accident? 17 A. No. 18 Q. Is today the first opportunity 19 you've had to tell anybody a about this, again, 20 other than, perhaps, your attorney? 21 A. You yesterday. Other than you,1 22 didn't talk to anybody else. 23 Q, _ And 24 A.. ; About this, honestly I'm just ages, 38 to 41). Reporting, Inc: Love Court Dolores Robichaw Page 42 1 able to start talking about this, 1 2 Q. And you and 1 had a very brief 2 3 . conversation yesterday about this deposition 3 4 taking place today; is that right? 4 5 A. Yes. 5 6 Q. And is it fair to say that we 6 7 didn't discuss this in any way the level of 7 8 detail that we have today? g 9 A. No. 9 10 MR. WELLS: That's all the 10 11 questions I have at this time. 11 12 BY MS, DENNISON: 12 13 Q. Good morning. My name is 13 14 Kristen Dennison and 1 represent Ford Motor 14 15 Company in the action brought against them by 15 16 the Estate of Angela McClenton. 16 17 You were asked whether you 17 18 considered Angela to be a safe driver and 18 19 whether you ever knew her to drive at an 19 20 excessive speed and your answer was no. 20 21 My question to you is, what do 21 22 you consider to be an excessive speed? 22 23 A. The speed limit. 23 24 Q. So, when you said you didn't know 24 Page 43 1 Angela to drive at an excessive speed, does 1 2 that mean you know Angela was driving within 2 3 the speed limit? 3 4 A. Yes. 4 5 Q. And when you -- what is your .5 6 basis for saying that Angela generally drove 6 7 the speed limit? 7 8 A. Excuse me. 8 9 Q. I can rephrase it. I'm asking 9 10 how did you know that Angela generally drove at 10 1 l the speed limit when you drove with her? 11 12 A. Cause I'm a very cautious driver. 12 13 This is not the first time I have ever been in 13 14 an accident. I watch people when they drive. 14 15 1 watch the speed limit, the idle, I watch it is 16 when people drive. 16 17 Q. So, you look over at the 17 18 speedometer when she's driving? 18 19 A. : Yes. 19 20 Q. So, when Angela would drive and 20 21 you would drive with her, you would look at the 21 22 speedometer to make sure she was driving the 22 23 speed limit? 23 24 : A. No, thats anybody, Angela, ary. 24 Page 44 father, my mother, anybody. Q. 1 understand that But specifically you would look at Angela when she drove? A. Yes. Q. On the day of the accident, had you looked at her speedometer when she was driving? A. No, I wasn't really -- I mean, a couple of times, I looked over at the meter and she was doing the speed limit. Q. Did you ever know Angela to get any speeding tickets? A. No. Q. You also stated that you and Angela had the radio on, not very loud, but you put it on so Robert wouldn't hear your conversation. A. Right. Q. What were you talking about that you didn't want him to hear? A. Girl talk. Q. And do you know where -- you said that Robert was behind you. Page 45 A. Yeah. Q. He was seated on the passenger's side it the back? A. Yes. Q. Do you know if he was belted? A. I don't know. I know me and Angie was. She never let nobody even get in the car without putting on their belt. Q. And when you say that you were belted, that was both the shoulder belt and the lap belt? A. Yes. Q. And both of you had those on? A. Yes. Q. You said that the day was hot, did you. have your windows down? A. No, we had the air on. Q. Was the sun roof open? ,A.. Uh-uh, we had the air on. Q. So, there were three people in the vehicle. Was there any cargo in the vehicle, luggage, big packages; anything like that? A. Uh-uh, no. . .12 ages 42 to Love Court Reporting, Inc. Dolores Robichaw Page 46 1 Q. Do you know.if Angela had 2 anything in the cargo area of the vehicle? 3 A. No. 4 Q. Did you have a purse with you? 5 A. Yes. 6 Q. Where was your purse? 7 A. In my lap. 8 Q. Did Angela have a purse with her? 9 A. I can't recall. I don't 10 remember. 11 Q. Was there anything on the floor 12 where you were seated? 13 A. No. 14 Q. Anything on the back seat besides 15 Robert? 16 A. No. 17 Q. How were the front seats 18 positioned and, specifically, we will start 19 with Angela's seat. You know how you can move 20 them on the track further away from the 21 windshield. Do you know where Angela's seat 22 was positioned? 23 A. No. 24 Q. How tall was Angela? 1 A. I don't know. 2 Q. How tall are you? 3 A. Five three, 4 Q. Was Angela taller or shorter than 5 you? 6 A. A little taller, just a little 7 bit. 8 Q. Do you know how much Angela 9 weighed? 10 A. No. 11 Q. When Angela was seated - well, 12 let's start with you. Your seat position, do 13 you know how far away from the dash were you 14 A. No. 15 Q. When you got into the vehicle, 16 did you adjust the seat up at all? 17 A. No. 18 Q. And Robert was sitting behind 19 you? 20 A. Yes. 21 Q. How tall is Robert? 22 A. A little taller than me. He's. .23 probably like five foot four. 24 Q. Not a lot taller? Page 48 1 A. No. 2 Q. When you all got in the vehicle, 3 he didn't ask you to move your seat forward at 4 all? 5 A, No. 6 Q. Now, Angela's seat, do you know . 7 if her seat.was around the same position as 8 yours or more forward or more back? 9 A. No, it was the same. 10 Q. Was your seat back reclined? 11 A. No. 12 Q. Usually people don't drive with 13 the seat straight back, do you have an estimate 14 what kind of angle your seat was at? 15 A. No, I don't. 16 Q. How about Angela's? 17 A. I don't remember. 18 Q. Okay. Now, while Angela was 19 driving in the vehicle, do you know if Angela's 20 legs were directly out in front of her? 21 A. Yes, they was. 22 Q. So, Angela doesn't drive with one 23 leg tucked behind the other? 24 A. No. Page 47 Page 49 1 Q. Do you know if Angela was using 2 the vehicle's cruise control? 3 A. I don't know. 4 Q. Do you know where Angela's left 5 foot was right before the accident? 6 A. No. 7 Q. Could you see it? 8 A. I wasn't paying it no attention. 9 Q. How were Angela's arms 10 positioned; were both hands on the steering 11 wheel? 12 A. Yes. ? 13 Q. And where on the steering wheel 14 were they, nine and three, ten and two? 15 A. Nine and three. 16 Q. And were Angela's - do you know 17 'if Angela's elbows were bent or straight? 1$ A. No, I don't. 19 Q. Do you recall what Angela was 20 wearing at the time; pants, shorts, long 21 sleeves, short sleeves, a jacket, shoes? 22 A. Skirt. I had a dress on, she had 23. a skirt. We was dressed up. 24 Q. Do you know if she was wearing a. 13 (Pages 46 to 49) Love. Court.Reporting, Ina Dolores Robichaw Page 56 1 short-sleeved shirt, a tank top? 2 A. I don't remember. 3 Q. Do you know if she was wearing 4 heels, flat shoes? 5 A. I can't remember. 6 Q. You said that you guys had 7 stopped at Burger King to eat. Did you bring 8 any food with you to the car? 9 A. No. 10 Q. Drinks? 11 A. No. I can't recall. I really 12 can't recall, but I know we did eat at Burger 13 King. 14 Q. Now, you said that you guys were 15 talking in the vehicle. 16 A. Yes. 17 Q. Were you talking right before the 18 accident happened? 19 A. Yes. 20 Q. Girl talk? 21 A. Yes. 22 Q. When were you talking, did you 23 two turn and look at each other? 24 A. Uh-uh. Page 5! 1 Q. No? 2 A. No. 3 Q. Just before the accident you said . 4 that you guys had the radio on. Did Angela 5 change the radio station? 6 A. No, cause I be the one to change 7 the radio. 8 Q. Did Angela do anything just prior 9 to the accident where she would have taken her 10 hands off the steering wheel? 11 A. Not that I recall. 12 Q. Did you know if Angela was doing 13 anything in addition to driving other than 14 talking to you? 15 A. No. 16 Q. Did either of you talk to Robert 17 just prior to the accident? 18 A. No, Robert was back there reading 19. his book. 20 Q. When Angela was talking to you, 21 did she use hand gestures at all? 22 A. No. 23 Q.. Just prior to the accident, did 24 you see Angela move at all, move her head to Page 52 1 turn to talk to you or move out of position 2 from just being in her seat? 3 A. No. She just kept driving. 4 Q. Did you, at any point just prior 5 to the accident, see Angela reach for something 6 or turn her head towards the rear of the 7 vehicle? 8 A. No. 9 Q. Now, when you were asked about 10 the accident you said that you noticed a 11 tractor trailer swerve towards the vehicle that 12 you were driving in. 13 A. Um-hum. 14 Q. Yes? 15 A. Yes. 16 Q. Did you actually see that tractor 17 trailer move out of the lane it was driving in 18 then? 19 A. I can't recall. I can't answer 20 that. I can't remember. 21 Q. Am I correct to state that you 22 don't have knowledge, you don't recall whether 23 the vehicle you described moving towards your 24 vehicle actually entered into your lane of Page 53 1 travel? 2 A. I don't recall. 3 Q. Okay. And is it your testimony 4 then that after the tractor trailer served 5 toward your vehicle that Angela slammed on her 6 brakes? 7 A. Yes. 8 Q. And when Angela slammed on her 9 brakes, did she turn her wheel in either 10 direction. I i A. I don't know. I am not like a 12 driver. I really couldn't tell you which way 13 she turned the wheel. I don't know. 14 Q. Did you, from your position in 15 the front seat of the vehicle, see the vehicle 16. turn towards the left or the right when Angela 17 slammed on the brakes? 18 A. I don't recall. I can't recall. 19 Q. Do you recall at any point moving 20 towards the left and then moving towards the 21 right in your lane? 22 A. I can't recall exactly which way 23 we went. 24 Q. ..You stated. earlier that Angela 14 (Pages 50 to 53) Love Court Repo4ing. Inc. Dolores Robichaw Page 54 Page 56 1 slammed on her brakes and then you spun around 1 vehicle? 2 A. She pushed on the brakes, yeah, 2 A. Uh-uh. 3 the car spinned around and once it spinned 3 Q. No? 4 around, then it started flipping. That's 4 A. No. 5 exactly how it happened, 5 Q. Now, you say that you recall 6 Q. Did it spin counterclockwise or 6 three or four rolls of the vehicle. 7 clockwise? 7 A. Yes. 8 A. No, we was spinning around like 8 Q. Do you remember how your body 9 that (indicating) and then we just started 9 moved within the vehicle when you rolled? 10 flipping. 10 By that I mean do you recall if I 1 Q. The way that you just indicated 11 you moved toward the door, if you moved towards 12 that you spun, I believe that was 12 the - backward or forward? 13 counterclockwise? 13 A. No. I was pinned. I didn4 move 14 A. Yeah. 14 anywhere. 15 Q. It was counterclockwise? 15 Q. Do you recall if your head, your 16 A. Yeah. 16 arms or your legs moved within the vehicle? 17 Q. And when you swung around, did 17 A. No. 18 you do a full 180 or did you do a 360? 18 Q. When the vehicle came to rest, 19 A. A full 360. We went all the way 19 when it stopped, was it on its wheels? 20 over and landed on the tires. 20 A. Yes. 21 Q. I think we're talking about two 21 Q. When it stopped on its wheels, am 22 separate things. I just want to make sure we 22 1 correct to understand that your position - 23 are understanding each other. 23 that your testimony is that you were pinned in 24 When you say you spun around 24 a position where your left arm was towards the Page 55 1 counterclockwise, are you saying that the 2 vehicle on the road spun around -- 3 A. Yeah, and then after it spun 4 around, it start flipping. 5 Q. And in that spin, where in that 6 spin did it start flipping; was that at 180, at 7 360? 8 A. I can't recall that. 9 Q. Which direction did the vehicle 10 roll first; did it roll on your side or on the 1 l driver's side? 12 A. I can't recall. 13 Q. Do you recall when the vehicle 14 rolled over, was it still on the roadway or did 15 it enter into the grass median strip? 16 A. I think over the grass, I'm not 17 sure. 18 Q. When you spun around before you 19 started.flipping, did the vehicle that you were 20 in come into contact with any other. vehicles? 21, A. Not - no. Not that I can 22 recall. 23 Q. Just prior to the accident, do 24, you recall another $UV in front of your Page 57 1 windshield and you were facing out of the 2 window? 3 A. Yes. My back was towards --1 4 couldn't even see anything. I was trying to 5 turn my neck and I couldn't see nothing. 6 Q. Now, your position as the vehicle 7 rests, you're facing out the passenger side? 8 A. Yes. 9 Q. And your left arm, is that pinned 10 against the dash? 11 A. I can't recall. 1 think --1 12 don't know. Something hit my arm, cause 1 13 couldn't move my arm at all. 14 Q. You are motioning to your right 15 arm, correct? 16 A. Yes. 17 Q. Is that also the arm you 18 indicated - 19. A. Yes. 20 Q. -- earlier that you had stitches? 21 A. Yes. , 22, Q. Now, where was your right arm 23 . located in the vehicle; was that.ipinned against 24. the back of the seat?. - 15. Yages 54 to 5,"( Love Court Reporting,.Inc. Dolores Robichaw Page 58 1 A, Yes. I 2 Q. So, your right arm's on the seat 2 3 and your left arm is towards the dash? 3 4 A. This arm right here was on the 4 5 dash. 5 6 Q. And every time you indicate the 6 7 left arm, you bend the elbow. Was your arm 7 8 straight or was it bent? 8 9 A. Bent. 9 10 Q. And where was your hand; was it 10 1 1 closer to your body? 11 12 A. Yes. 12 13 Q. Was the palm of your hand facing 13 14 your body or - 14 15 A. I don't recall. 15 16 Q. Okay. And you indicated that you 16 17 were trying to see Angela. Were you trying to 17 18 look over your left shoulder? 18 19 A. I couldn't see her. The way that 19 20 I was turned, I couldn't see her. I couldn't 20 21 move.. 21 22 Q. Well, did you try to move to see 22 23 her? 23 24 A. I couldn't move. 24 Page 60 i I just kept trying to strain my eyes and look J out the side of my eyes, cause I couldn't move my body. Q. And you were still seatbelted at that time? A. Yes. Q. Do.you remember at some point when the vehicle was rolling fecling like you were pinned in that position that you ended up in? A. Repeat the question. Q. When the vehicle was rolling, you said you recall it rolling about three or four times, when it was rolling, before it came to rest, do you recall if your body was pinned? A. I can't answer that. Q. Because you don't recall? A. No, I don't remember. I can't remember that. Q. Did you ever - while you were rolling, did you ever contact Angela's body? . A. Say that again.. Q. Do you know, while you were rolling, whether you moved in such a way as to Page 59 Page 61 1 Q. You couldn't move your neck at I touch Angela's body? 2 all? 2 A. No, because I was in my seatbelt. 3 A. No. 3 Q. Was there any point, you know, 4 Q. Was that because of the way that 4 where you might have felt Angela's arm or leg 5 you were pinned or the way -- 5 come out and hit you? 6 A. The way that I was pinned in the 6 A. No. 7 car and I was afraid to move because they kept 7 Q. And you don't recall your arms or 8 telling me, don't move, don't move, don't move. 8 legs coming out and hitting Angela? 9 That what they kept saying. Whatever you do, 9 A. No. 10 don't move. So I didn't move. 10 Q. Did you, at any point while the I I Q. So, when you tried to look out of I 1 vehicle was rolling, see Angela? 12 the corner of your eye, did you move your eyes 12 A. No. 13 to the left? 13 Q. -Now, you said that you looked out 14 A. I was - I moved my eyes like 14 the corner of your eye and all you could see 15 this (indicating). 15 was Angela's head. 16 Q. And you're indicating to the 16 A. Yeah, like I'm looking out the 17 left? 17 side and all l can see is her head like that 18 A. Yes. .18 (indicating). 19 Q. Now, when you just indicated 19 Q. And you're indicating her head 20 that,. you were also turning your head. b that . 20 with her right ear resting against her right 21 what you did -- 21 shoulder!% 22 A. I couldn't turn my head at all. 22 A. No.. This way (indicating).. Her 23 24 I:tried to move my eyes. I never turned my h d In ' 23. . head was.going this way, like this . ea . ever moved my.neck cause I couldn t. 24 (indicating). ; 16, ages 58 o Love Court Reporting, Inc. Dolores Robichaw Page 62 1 Q. What I see you indicating is her 1 2 right ear to her right shoulder. 2 3 A. Like this (indicating). 3 4 Q. That's her left ear. When you 4 5 were indicating her right ear to her right 5 6 shoulder; is that the way you remember her? 6 7 A. Wait a minute. I don't remember. 7 8 Either like this or like this (indicating). I 8 9 don't know. I just know, to me, it looked like 9 10 her neck was broken. 10 1 l Q. Was the top of her head towards 11 12 you or towards the opposite way? 12 13 A. I didn't see -- all I seen was 13 14 this part of it (indicating). 14 15 Q. The top of her head was towards 15 16 the opposite direction from you? 16 17 A. Yes. 17 18 Q. So that would be her left ear? 18 19 A. Yeah. 19 20 Q. Were you able to see anything 20 21 other than where Angela's bead was? 21 22 A. No. 22 23 Q. Were you able to see if Angela's 23 24 head was still inside of the vehicle after the 24 Page 64 them? A. I had slides on and I lost one of my slides. Q. The shoe that you did have, was there blood on that? A. Yes. Q. Which shoe did you still have, the left shoe or the right shoe? A. I don't remember. I don't remember which one it was. Q. Do you recall how much blood was on the shoe? A. No. Q. Do you recall if it was a drop or more than a drop? A. No, it was more than a drop. Q. On your dress, was there a lot of blood on your dress? A. No. Q. Was it a speck of blood or was your dress soaked? A. No, it was specs of blood. Q. And where on your dress were the specs of blood? Page 63 1 accident or was it out of the vehicle? 2 A. It was inside. 3 Q. Do you recall seeing Angela 4 bleeding? 5 A. I couldn't see, but I know there 6 was all this blood there and I wasn't bleeding 7 that much, so I knew it was her. I had blood 8 all over my arm and over here, there was a lot 9 of blood. 10 Q. Can you describe where the blood 11 was on your body and how much. 12 A. It was like my dress -- I can't 13 really recall. They cut my dress off of me. 1 14 had a lot of blood. I had to throw my stuff 15 away, that's how much blood there was. 16 Q. You said your purse was on your 17 lap. Do you recall where your purse was after 18 the accident; was it still on your lap? 19 A. 1 don't know where my purse ended 20 . up at. 21 Q. Did you get your purse back? 22 A. No, I don't remember getting my . 23 purse back.. 24 . Q. _ Did your shoes have blood on Page 65 1 A. Mainly on the front. It was all 2 in the front. Can I take a break? 3 MS. DENNISON: Sure. 4 --- 5 At this point, there was a 6 brief recess taken, after which, the 7 deposition continued as follows:) 8 --- 9 MS. DENNISON: Back on the 10 record. 11 BY MS. DENNISON: 12 Q. Other than blood on your dress, 13 was in there any blood on your seat? 14 A. No. 15 Q. Any blood on the floor area? 16 A. No. 17 Q. Were you able to see any blood 18 anywhere else in the vehicle? 19 A. No. 20 Q. You mentioned a nurse coming to 21 help Angela. To your knowledge, was that the 22 first person to - 23 :. A. ` There was a lot of people out 24 . there. I just kept hearing voices. :I can't 17 (Pages 62 to 65) Love Court Reporting, Inc. Dolores Robichaw Page 66 l tell you who, but I just kept hearing a lot of 1 2 voices. I remember hearing somebody, because 2 3 she must have showed somebody her ID, saying 3 4 that she was an LP. -- a registered nurse. She 4 5 started working on Angie over there on the 5 6 other side. I heard the lady say she's working 6 7 on her, she's working on her. I can hear a 7 8 pulse. I can hear a pulse. I remember that 8 9 and that's when I started getting scared. 9 10 Q. Do you have any reason to believe 10 I 1 that anybody else touched Angela before that 11 12 nurse did? 12 13 A. No. And the lady, she didn't 13 14 even really touch her, she just made sure she 14 15 seen a pulse moving. I don't know, but I 15 16 remember hearing the lady saying, did she see a 16 17 pulse, did she see a pulse. I remember hearing 17 18 an older lady on this side saying that. 18 19 Q. And the basis of your knowledge 19 20 is from what you heard, not what you saw; 20 21 because you couldn't see anything; is that 21 22 right? 22 23 A. Exactly. 23 24 Q. Now, at some point, you were 24 Page 67 1 taken out of the van? 2 A. Yes. 3 Q. Can you describe that process, 4 how you got out of the van. 5. A. They bring the helicopter down 6 and they was working on getting Angie out. 7 They got Angie out first. It was a real, real 8 big machine and they did like this, but it 9 wouldn't work, so they had to use something' 10 else again. 11 Q. And when you say they did like 12 this -- 13 A. It looked like some kind of -- I 14 don't know what you call it, but I felt it, 15 when they did it, I felt it. The fire 16 department came over back again and they put 17 another machine inside of it and just pulled 18 the whole door off. 19 Q. Okay. And right now are you 20 discussing your side of the vehicle or Angela's 21 side of the vehicle? 22 A. My side.of the vehicle. 23 Q. So, on your side of the vehicle 24.:: you first saw and then felt the machine - Page 68 A. Oh -- Q. - did you see that or did you just feel that? A. No, I seen it. Q. And when you indicated the motion, you kind of put your arms out to your sides and pulled them into your chest, correct? That was the motion you just made. A. That's what I seen them try to do. Q. Okay. I'm trying to get that on the record. She can't transcribe your motion. A. Okay. Q. I'm just trying to put that into words, for the record. Okay. And so you saw that two times? A. Yes. Q. And did you see was that where the - where you would close the door? A. I don't know where they was trying to put it at, but they was trying to get - it looked like a real, real, real big pair of pliers. Q. Okay. Page 69 1 A The largest I ever seen. 2 Q. And then after doing that twice 3 and not working, they then used a machine that 4 pulled the whole door off. 5 A. Yes. 6 Q. And then what happened after they 7 pulled the door off? 8 A. That's when they put some type of 9 head piece on my head. They put something 10 around my neck. They had the bed right there 11 by the door so when they lift me out, they put 12 me right on -- they lay me right on that bed 13 and took me to the ambulance. 14 Q. How did you seat belt come off? 15 A. I don't know. 16 Q. Do you know if somebody released 17 it or cut it off of you? 18 A. I don't know. 19 Q. Now, you said that Angela was 20 removed from the vehicle before you were? 21.. A. Yes. 22 Q. Do you know how Angela was 23 removed from the vehicle? 24 A:. The helicopter. t I8 (Pages 66 to 69) Trove Court Reporting, Inc. Dolores Robichaw Page 70 1 Q. Right, but how was she taken out 2 -- 3 A. Oh, I don't know. 4 Q. Do you know if her door was able 5 to be opened or did you -- 6 A. I don't know. I don't remember. 7 Q. Did you feel anything with the 8 vehicle that felt like when they tried to move 9 your door off they did that with her side? 10 A. I can't remember. I can't i I remember. 12 Q. Do you have any knowledge of 13 whether Angela's seatbelt had to be cut off of 14 her? 15 A. I don't remember that. I don't 16 remember. 17 Q. When Angela was removed from the 18 vehicle, did you see her at all on the way over 19 to the helicopter? 20 A. No. I didn't see her no more. 21 Q. Now, was Robert still in the back 22 of the vehicle during the whole process? 23 A. Yes. I don't know -- I can't -- 24 I don't know when Robert got out the vehicle, I Page 71 Page 72 1 1 because typically we would ask the 2 questions and you would answer and we 3 think its funny that you are asking 4 the question. 5 MS. DENNISON: Off the record. 6 --- 7 (Whereupon, a discussion was 8 held off the record.) 9 --- 10 MS. DENNISON: Back on the 11 record. 12 BY MS. DENNISON: 13 Q. When you were talking back and 14 forward to Robert, did he tell you whether he 15 was injured at all or hurting in any way? 16 A. I kept saying Robert, you all 17 right, you all right. He said, my neck, 18 Dolores, my neck, my shoulder, my neck. 19 Q. Robert was complaining of his 20 neck and shoulder? 21 A. Yes. 22 Q. Did you, after the accident, ever 23 go back and see the vehicle? 24 A. No. They took me to the Page 73 1 don't know that. I hospital. 2 Q. When you were talking to Robert, 2 Q. I mean at any point later in time 3 while you were talking to each other as you 3 did you go to see the vehicle? 4 described earlier, did Robert tell you where he 4 A. No, I went home. 5 was in the vehicle at that time? 5 Q. And you said that you were 6 A. He said he was hanging out the 6 released from the hospital later that night? 7 jeep. 7 A. It was like 5:00 in the moming. 8 Q. Did he tell you anything other 8 Q. And did you -- to your knowledge, 9 than that? 9 was Robert taken to the some hospital as you? 10 A. No, he just kept asking can you 10 A. He was, yeah, Carloski (ph.) 1 I see Angie, can you see her. I said, I can't I 1 Hospital. I'm not sure. Carloski Hospital. 12 see her Robert, I can't see her. 12 Q. That's not that hospital that 13 Q. When you got out of the vehicle 13 Angela went to? 14 and you were placed on the stretcher and taken 14 A. No. 't'hey flew Angela to another 15 into the ambulance, did you get a chance to see 15 hospital. 16 the outside of the vehicle at all? 16 Q. Did you see Robert at all while 17 A. No. - Can l ask you a question? 17 were you at the hospital? 18 Wasn't an air bag supposed to come out, because 18 A. Um=hum. 19 I don't remember that coming out. 19 Q. And when did you see Robert at 20 Q. So, the air bags did not deploy? 20 the hospital? 21 A. , No. Wasn't they supposed to come 21 A:. They put us in the same room. 22 out?. Why you all laughing? 22 .Q. Did you find out at anytime 23 MR WELLS: In all fairness, 23 while you were at the hospital what Robert's . 24 we're not laughing at you. Ifs only _ 24, injuries were? 19 (Pages 70 to 73) . Love .Court Reporting, Inc. Dolores Robichaw 1 2 3 4 5 6 ?7 8 9 i10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 74 A. He had a broken collarbone and 1 something else. I think he had a broken arm or 2 a fractured arm. 3 Q. Was Robert released from the 4 hospital when were you released on did he have 5 to stay longer? 6 A. He had to stay longer. 7 Q. Do you know if he had any 8 surgery? 9 A. No, not that I -- I mean, I don't 10 know. 11 Q. You didn't have any surgery done? 12 A. Uh-uh. 13 Q. No? 14 A. No. 15 Q. When you were released from the 16 hospital, is that when they gave you the back 17 brace? 18 A. No, I got my back brace -- oh, 19 yeah, they gave me one there and plus when 1 20 went to physical therapy. 21 Q. Were you ever told what your back 22 injury was? 23 A. I forget. They did tell me, but 24 Page 75 Page 76 I was getting out of a car. It was like maybe in the intersection -- I live on the comer, but right in the intersection a car spinned around and I flew in the house like it was me. And I'm just - my nerves are shot now. Like every little thing bothers me. Q. Was there a period of time after the accident that you went back to work for TGI Friday's? A. I had to go right back to work. I wasn't supposed to go back, but I had to go back because I had no income coming in. I had a child to take care of. Q. Did you have any disability benefits or anything? A. No. Q. How long after the accident did you return to work at TGI Friday's? A. I stayed out of work about six weeks or two months. Q. And why did you stop working at TGI Friday's? A. They closed down my department and it started to get stressful or me. I'm Page 77 I forget. I glad I'm not working there no more. Q. Did you go to physical therapy? 2 Q. When they closed down your A. Yeah. 3 department, were you moved to a different Q. How long did you go for? 4 department? A. I think I went for six to eight 5 A. No, months. I am not too sure how long. It may 6 Q. Is that when you were out of work have been longer than that. I had to go to the 7 for a little bit on unemployment? Williamsport Hospital to the rehabilitation 8 A. Um-hum. center, then I went to physical therapy. And 9 Q. Yes? one of the therapists had suggested that I go 10 A. Yes. to a psychiatrist to get some help, but I 11 Q. Why did you move to Williamsport? didn't go. Now, I wish that I did because it 12 A. Because I wanted to relocate would help me deal with it. It's just so hard 13 because I didn't want to raise my daughter in for me to cope with it and now if I take a long 14 the City. Not like it was that bad, but my ride, it bothers, me. 15 daughter's father got killed when she was That's why.it took a lot for me 16 two-and-a-half years old and it was mistaken to come here, you know, it really did. I'm 17 identity and it was so hard for me to cope with seared to be on a highway now. I had to let 18 it, I had to remove myself cause I felt like I 'like three good jobs go because I can't.drive 19 wanted to retaliate and I didn't know why I was that distance. 20 trying to retaliate, but I was -- it was this My cousin is a psychiatrist and I 21 anger issue and I just had to remove myself talk to her and she told me it's going to be a 22 from the situation so it wouldn't affect my while, a long while before I get over.,. Like 23 . child. So, I removed myself and my child. when trucks -- just the other day.I was home. 24 My aunt went to Williamsport lu,(Yages 79 ro I iJ Love Court.Reporting, Inc: Dolores Robichaw Page 7 8 1 about 14 years ago for recovery and I had went 1 2 up there one time to visit her and when I went 2 3 up there to visit her, I liked the 3 4 surroundings, the scenery, the mountains. Oh, 4 5 it was beautiful. It was something like you 5 6 see in those school fairytale books. I filled 6 7 out for housing. They did a credit check and 7 8 it got in. I've been living in the same house 8 9 since I moved. 9 10 Q.' So, you didn't go to Williamsport 10 I 1 for any drug rehabilitation or anything, you 11 12 just decided to go? 12 13 A. Yes. 13 14 Q. And when you say your aunt went 14 15 there for recovery, was that when she went? 15 16 A. Yes. 16 17 Q. And what is your understanding as 17 18 to why Angela went there to Williamsport? . 18 19 A. I think Angie did come for 19 20 recovery. She did. 20 21 Q. Do you know what drug she was 21 22 recovering from? 22 23 A. I don't know her choice of drug. 23 24 Q. You never talked about it? 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 79 A. No, Q. But were you already there when Angela moved to Williamsport? A. I think Angie was there before me. Not long before I went, but she was there before me. I can't remember what she used to do, but 1 don't remember Angie doing no drugs. See, when we was younger, we wasn't exposed to what they exposed to today. There's so much they exposed to. They used to hide it from us and I can't even remember what choice of drugs Angie used. Q. They you say they, you mean the other kids, the other people -- A. Yeah, yeah. Q. Since -the accident, have you. talked to Keisha at all about the accident? A. Uh-uh. Q. No? A. , No. Honestly, we can't talk about it. We really cant. Just Thanksgiving when I talked to her. I said to Shydia, where's Keisha and she said she's upstairs, she . ain'.t been down. When I talked to.Keisha she Page 80 tried to make me believe that she was tired from working, but I knew it wasn't that. I was feeling the same way as she was. Holiday time is hard when you miss your family. My daughter and Angie daughter went from high school to college. So, Angie would be very proud of her children and my child too, because they all are doing so good. You know how when death takes ahold of a family, where it took affect in our family with our children where they did the positive. You know how some people turn and medicate their feelings with chemicals, none of them did that. And I truly believe that they seen what Angie -- well, they didn't see what Angie went through, but they have a feeling and they knew that she came up there for something and I guess they was like, we're going to show her, we're going to do the total opposite of that. Not just her children, but my daughter too. At the funeral they said there's so many people, they thought it was a celebrity, that's how many people there was. That's the kind of personality she was. Everybody loved Angie, 9 Page 81 I they really did. Everybody loved Angie. Angie 2 had a hard life, but she wouldn't say no to no 3 one. She lived for the world. She was always 4 trying to help everybody. Honestly, she in the 5 best place. We all in hell now. I believe 6 that. We really are. 7 Q. My last question. Did you ever 8 write down or record your feelings about this 9 accident anywhere? 10 A. Yeah, I did. 11 Q. And where did you write that 12 down? 13 A. Honestly, I have a diary and 1 14 write it there. I wrote about it from day one, 15 when my daughter first got in trouble. From 16 that point on till __I stopped that fora 17 while. I still write in there from time to 18 time, occasionally, graduations, proms. 19. Q. Other than your thoughts and 20 feelings about the results of the accident and 21 Angela's death, did you ever write in that 22 diary what you recall, bow the accident 23 . happened? 24 A...: No. 21 (Pages 78 to 81) Love Court.Reporting, Inc. Dolores Robichaw Page 82 1 MS. DENNISON: 1 don't have any 1 2 more questions. Thank you. 2 3 BY MR. WELLS: 3 4 Q. I just have a few follow-up 4 5 questions and then you're free to go. 5 6 You said earlier that you don't 6 7 recall how far back your seat was reclined at 7 8 the time of the accident; is that right? 8 9 A. Right. 9 10 Q. And you said you don't recall how 10 11 for back Angela's seat was reclined, right? 11 12 A. Right. 12 13 Q. Do you recall whether or not your 13 14 seats were in the same position at the time of 14 15 the accident? 15 16 A. They were. 16 17 Q. And specifically do you recall 17 18 that they were reclined in the same position at 18 19 the time of the accident? 19 20 A. Yes. 20 21 Q. I want to be clear about one 21 22 other thing. To your knowledge, Angela wasn't 22 23 using any drugs at the time of this accident, 23 24 right? . . 24 to clear up.. Am 1 correct that you don't have a clear recollection whether or not that truck moved into your lane of travel or not; is that fair to say? THE WITNESS: That's fair to say. BY MR. WELLS: Q. Okay. A. I don't know. Q. You don't know if it actually moved into your lane. A. I don't know. Q. But do you believe, based on the action that that truck tools, that Angela had to take some action in response? MS. DENNISON: Objection. THE WITNESS: Yes, BY MR WELLS: Q. Do you believe that Angela could have kept traveling in her lane of travel and avoid an accident with this truck? MS, DENNISON: Objection. Page 83 Page U 1 A. No. 1 THE WITNESS: Repeat that. 2 Q. That's something that occurred in 2 BY MR. WELLS: 3 her life before? 3 Q. Do you believe it was necessary 4 . A. Oh, yeah. 't'his was years and 4 for Angela to take some action to avoid a 5 years ago. 5 possible collision with this other vehicle? 6 Q. On the day of this accident, to 6 MS. DENNISON: Objection. 7 your knowledge, did Angela consume any alcohol? 7 THE WITNESS: Yes. 8 A. No, she was up there for 8 MR. WELLS: That's all I have. 9 recovery. 9 Thank you. 10 Q. I understand. Did she consume 10 Very briefly, you may want to 11 any drugs at all? 11 speak with your attorney about this, 12 A. No. 12 but you have the right to review the 13 Q. Did she do anything that would 13 transcript from today's proceeding to 14 lead you to believe it may have impaired her 14 snake sure your answers are accurate 15 ability to operate her vehicle? 15 or you can waive that right. Are you 16 A. No. 16 willing to waive? 17 Q. And with respect to this truck 17 THE WITNESS: I'm fine. I 18 that you indicated swerved in some fasbion into 18 don't have nothing to change.. 19 your lane of travel - 19 - - - 20 MS. DENNISON: Objection. She ? .. 20 (Witness excused.) 21 has .never stated it swerved into her 21 - - - 22 lane 22 . .:.. .: , . .(Whereupon the deposition 23 MR. CELLA: Objection. 23 . concluded at 2:10 p.m.) 24 MR; WELLS:. That's what I want 24 - ages 82. to Love Court Reporting; Inc. Dolores Robichaw Page 86 1 --- 2 CERTIFICATION 3 4 1, JOSEPHINE GUERRIERI, 5 Professional Court Reporter and Notary Public, 6 do hereby certify that the proceedings and 7 evidence noted are contained fully and 8 accurately in the notes taken by me at the 9 deposition of the above matter, and that this 10 is a correct transcript of the same. 11 I further certify that I am not 12 an attorney or counsel of any of the parties, 13 nor a relative or employee of any attorney or 14 counsel in connection with the action, nor 15 financially interested in the action. 16 Josephine Guerrieri 17 My Commission Expires: March 23, 2009 18 19 (The foregoing certification of 20 this transcript does not apply to any 21 reproduction of the same by any means, unless 22 under the direct control and/or supervision of 23 the certifying reporter.) 24 LOVE COURT REPORTING, INC. .. ' .. ..23 (Page 86) Love Court Reporting, Inc. . c 6)1?, -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 CONDENSED COPY IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA KEISHA MCCLENTON, MAY TERM Administratrix of the 2004 Estate of ANGELA McCLENTON, deceased, Plaintiff, VS. FORD MOTOR COMPANY, a Foreign Corporation and ALEXANDER UNIVERSITY FORD, LINCOLN, MERCURY, CHRYSLER, PLYMOUTH, DODGE and DODGE TRUCK and JOHN'S MOBILE REPAIR SERVICE, INC. and GMAC RISK SERVICES, INC. Defendant. : NO. 4856 Monday, December 19, 2005 Philadelphia, Pennsylvania Oral Deposition of ROBERT WILLIAMS, held at the law offices of EISENBERG, ROTHWEILER, SCHLEIFER, WEINSTEIN & WINKLER, P.C., 1634 Spruce Street, Philadelphia, Pennsylvania commencing at approximately 2:20 p.m., on the above date, before Josephine Guerrieri, Professional Court Reporter and Commissioner of Deeds. LOVE COURT REPORTING, INC. ` 1500 Market Street 12th Floor, East Tower Philadelphia, Pennsylvania 19102 (215) 568-5599 Robert Williams Page 2 Page 4 1 APPEARANCES: 1 2 EISENBERG, ROTHWIILER, SCHI,EIFER, 2 INDEX 3 WEINSTEIN & WINKLER, P.C. 3 BY: JAMES A WELLS, ESQUIRE WITNESS PAGE 4 1634 Spruce Stied 4 Philadelphia, Pennsylvania 19103 5. (215) 54&6610 ROBERT WILLIAMS Counsel for Plaintiffs 5 7 CAMPBELL CAMPBELL EDWARDS & CONROY 6 EXAMINATION BY BY: KRISTEN E. DENNISON, ESQUIRE. 7 MR WELLS 5,54 8 Chesterbrook Corporate Center g M$ DENNISON 31 690 Lee Road, Suite 300 , 9 Wayne, Pennsylvania 19087 9 (610) 964-1900 1 10 Counsel for Defendant, Ford Motor Company - ' - II 11 12 SWARTZ CAMPBELL, LLC 12 BY: JAMES D. CELLA, ESQUIRE 13 1601 Market Street 13 34th Floor E X H I B I T S 14 Philadelphia, Pemrsylvania 19103 14 (215) 2994330 15 Counsel for Angela McClenton 15 NUMBER DESCRIPTION PAGE (in separate action) 16 16 17 17 (No exhibits were marked at this time.) KANE& SILVERMAN, P.C. 18 18 BY: VINCENT C. CATALDO. ESOUIRE 19 The Philadelphian 19 2401 Pennsylvania Avenue, Suite 1 C44 --- Philadelphia, Pennsylvania 19130 20 20 (215)232-1000 21 Counsel for Witnesses 21 (in separate action) 22 22 23 23 24 24 Page 3 Page 5 1 l -_- DEPOSITION SUPPORT INDEX 2 PROCEEDINGS 2 3 --- 3 DIRECTIONS NOT TO ANSWER: 4 (It is agreed by and between PAGES: None. 4 5 Counsel for the respective parties 5 6 that the reading, signing, sealing, REQUESTS FOR DOCUMENTS OR INFORMATION 7 filing and certification are hereby 6 PAGES: None. g waived, and all objections, except as 7 8 STIPULATIONS AND/OR STATEMENTS: 9 to the form of the question, are PAGE: 5 10 reserved until the time of trial.) 9 11 --- 10 12 ROBERT WILLIAMS, having been MARKED QUESTIONS: 13 first duly sworn, was examined and 1 1 . PAGES: None 14 testified under oath as follows: 12 13 15 --- 14 16 EXAMINATION 15 17 --- 16 - 18 BY MR. WELLS: 17 18 19 Q. Good afternoon, Mr. Williams. 19 20 A. Yes. 20 ' 21 Q. Mr. Williams, my name is Tim. 21 22 Wells. As you well know, you've.been asked to. 22 23 appear here today to testify regarding an 23 24 24 . automobile accident that happened .on June 9, 2 (Pages 2 to 5) Love Court Reporting, Inc. Robert Williams Page 6 1 2002 wherein I understand that you were a 1 2 passenger in a vehicle being driven by Angela 2 3 McClenton. 3 4 Is that your understanding of why 4 5 you are here today? 5 6 A. Yes. 6 7 Q. Have you ever had a deposition 7 8 before? 8 9 A. No. 9 10 Q. I am going to give you some 10 11 ground rules just as a way to make everything 11 12 go a lot smoother. 12 13 First of all, the nature of a 13 14 deposition is that I and also, perhaps, 14 15 Ms. Dennison will ask you some questions. You 15 16 will then be asked to respond to those 16 17 questions to the best of your ability. When we 17 18 do that, it's a lot easier for the court 18 19 reporter to get everything down if you would 19 20 wait until I finish the question before you 20 21 provide an answer. If we start talking over 21 22 each other, she might not hear your question 22 23 appropriately and we want to make sure your 23 24 answer is recorded in a correct fashion. Okay? 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 8 Q. With that, can you tell me your full name? A. Robert Williams. Q. And can you give me your birth date? A. 3/27/55. Q. And can you please tell me your social security number. A. 198-44-2458. Q. And Mr. Williams, where do you reside? A. 3100 Wharton Street, Apartment 3A, Philadelphia, Pennsylvania. Q. And the zip? A. 19146. Q. How long have you resided there? A. About six years. Q. So, you were residing there, at that address, at the time of this accident? A. No, I just moved in but I left. Q. I understand. So, at the time of this accident, is that where you were living? A. No. Q. Then I don't understand. Where Page 7 Page 9 A. (No audible response.) 1 were you living at the time of this accident? Q. Also, along those lines, it's 2 A. 2727 Latona Street, Philadelphia, common in normal conversation to respond in 3 Pennsylvania. non-verbal gestures, just as you did, by 4 Q. Have you ever lived anywhere else shaking your head or shrugging your shoulders. 5 other than Philadelphia? It will be necessary for you to give verbal 6 A. No. answers so that she can take down your answer. 7 Q. Are you employed? Okay? 8 A. Yes. A. 'Okay. 9 Q. What do you do? Q. If you don't do that, we will try 10 A. I am a fork-lift operator. to remind you, but do us the favor of trying to I 1 Q. Who is your employer? verbalize your responses to our questions. 12 A. South Jersey Port Corporation. Okay? 13 Q. How long have you been employed A. Okay. 14 in that capacity? Q. Finally, if you don't understand 15 A. Eleven months. a question that I ask, please feel free to say 16 Q. Before that, what type of work that and I will try to reword the question. If 17 did you do? you don't do that, we will assume that you 18 A. I worked at a cleaning agency understood the question. Is that fair? 19 called V Tech. A. Yes. 20 Q. And you performed cleaning Q.. And actually, the final point, if 21 services? you need to take a break at any point, please 22 A. Yes, light maintenance. let us know. We can do that. Okay? 23 Q. For how long did you do that type A. Sure: 24 of work? 3 (Pages 6 to 9) Love Court Reporting, Inc. Robert Williams Page 10 1 A. For 18 months. 1 2 Q. And before that, can you tell me 2 3 what you did? 3 4 A. I worked at a deli. 4 5 Q. Okay. How long did you work 5 6 there? 6 7 A. About 15 months. 7 8 Q. I don't know how far back we are, 8 9 but can you tell me what you did before that? 9 10 A. I was working part time for - I 10 11 can't think of the name of the company. It was 11 12 a - I can't think of the name. 12 13 Q. '"I'm just trying to get a sense of 13 14 your what work experience has been like. Can 14 15 you tell me the nature of the work you may have 15 16 done? 16 17 A. It was like I was doing 17 18 construction within a food center. 18 19 Q. Were you working at the time of 19 20 this accident? 20 21 A. Yes, I was. 21 22 Q. Where were you working? 22 23 A. Jim's Deli. 23 24 Q. Okay. Did you review anything 24 Page 12 Q. What about at the time of this accident, was she someone that you bung out with as a friend? A. Yes. I would see her from week to week. Q. Does that mean that you would see her about once a week? A. Maybe like four or five times a month, I would go to her house. Q. And at that time she was living in Williamsport; is that right? A. Yes. Q. And you were living in Philadelphia? A. Yes. Q. What would be the purpose for you visiting her four or five times a month? A. I was seeing friend of hers. Q. Okay. You had a relationship with a friend of hers? A. Yes. Q. Was that more because she was a friend of your friend; is that correct? A. Repeat that. Page I1 Page 13 1 before your deposition here today in order to 1 Q. When you go to Williamsport - 2 prepare for your deposition? 2 first of all, who was the person that you were 3 A. No. 3 seeing that was the mutual friend? 4 Q. And I should ask you, can you 4 A. Dolores. 5 give me some sense of what your educational 5 Q. Oh, Dolores was the friend that 6 background is like. 6 you would visit in Williamsport? 7 A. I completed the 11th grade. 1 7 A. Yes. 8 stopped school. I went to community college 8 Q. Okay. And was it to see Dolores, 9 for maybe nine months. 9 was that your primary reason for traveling to 10 Q. Was that here in Philadelphia? 10 Williamsport? 11 A. Yes. 1 do have a GED. I 1 A. Yes. 12 Q. When did you obtain your GED? 12 Q. And you would see Angela because 13 A. 1981. 13 she was a friend of Dolores? 14 Q. Can you tell me how it is that 14 A. Yes, but I knew Angela before 15 you knew Angela McClentou? 15 Dolores. 16 A. Her mother and my mother is best 16 Q. I understand. Do you recall the 17 friends. Our families are real close. 17 day of this accident? 18 Q. How did the two of you compare in 18 A. The particular day? 19 age? 19 Q. Yes. 20 A. I might be ten, twelve years 20 A. Yes, it was on a Saturday, I 21 older than her. 21 believe. 22 Q. Did you hang out as friends as 22 Q. Can you tell me, generally, what 23 you were growing up? 23 you were doing that day? 24 A. No. 24 A. Prior to that. 4 krages i v w 1.3) Love Court Reporting, Inc. r Robert Williams Page 14 1 Q. Yes. 1 2 A. Well, I stayed with Dolores that 2 3 evening. We talked to Angela on the phone. 3 4 Q. Do you mean the night before this 4 5 accident? 5 6 A. Yes. And then that day Dolores, 6 7 I think, had made plans with Angela to see her 7 8 daughter. 8 9 Q. That was to go to see Dolores' 9 10 daughter, right? 10 II A. Yes. 11 12 Q. And did you at some point agree 12 13 to join them? 13 14 A. Exactly. 14 15 Q. Do you recall what time you left 15 16 Williamsport? 16 17 A. Not right off hand, no. It was 17 1.8 still light. 18 19 Q. Do you recall what time you 19 20 arrived at your destination? 20 21 A. It was after 12:00, but I can't 21 22 remember exactly what time it was, 22 23 Q. This was to visit Dolores' 23 24 daughter, right? 24 Page 15 Page 17 1 A. Yes. 1 passenger. 2 Q. And did you, in fact, visit with 2 Q. And Dolores was in the passenger 3 Dolores' daughter? 3 seat; is that right? 4 A. Yes. 4 A. Yes. 5 Q. Do you recall where that 5 Q. And Angela was driving the 6 occurred? 6 vehicle; is that right? 7 A. She was in a boot camp. 7 A. Yes. 8 Q. And was the boot camp Vision 8 Q. And was that also where everybody 9 Quest? 9 was situated when you came from Williamsport to 10 A. Yes. 10 Vision Quest? 11 Q. Do you recall what time you I 1 A. Yes, 12 finished your visit with Dolores' daughter? 12 Q. So, you were seated in the rear 13 A. In the evening, but'it was still 13 right passenger seat? 14 light 14 A. Right. 15 Q. Okay. Other than the fact that 15 Q. Dolores is in the front right 16 it was still light in the evening, you can't 16 passenger seat? 17 recall a more specific time? 17 A. Right. .18 A. No. 18 Q. And Angela is driving? 19 Q. What did you do after that visit? 19 A. Yes. 20 A. We went back to Williamsport. 20 Q. Were you wearing your seatbelt at 21 Q. And,.at that time, was there any 21 the time? 22 sense of urgency to get back to Williamsport? 22 A. No, 23 A. Not that I remember. 23 Q. Do you recall what the traffic 24 Q. You don't recall any reason why 124. conditions were like that day? Page 16 you would have been in a burry to return to Williamsport that day? A. No. Q. What do you -- prior to the accident, do you recall anything happening on the way home? A. Other than general conversation, no. Q. Did you stop at any point, perhaps, to eat? A. No. Q. Do you recall how long after you began your trip home that this accident occurred? A. Anywhere between an hour, an hour-and-a-half prior to leaving. Q. You mean after you left? A. Yeah. Q. What do you recall about the weather that day? A. It was nice. Q. Can you tell me where you were seated in the vehicle. A. In the back seat behind the 5 (Pages 14 to 17) 1 Love Court Reporting, Inc. Robert Williams Page 18 1 A. Going or coming? 2 Q. Returning to Williamsport? 3 A. Like normal. 4 Q. What do you consider normal; can 5 you describe it for me somehow? 6 A. A little congested. 7 Q. Do you recall immediately before 8 the accident what lane you were traveling in? 9 A. No, cause I was reading. 10 Q. Okay. Tell me what were you II doing. 12 A. I was reading during the ride up 13 and back. I felt the car hitting the gravel 14 and I looked up and she was trying, you know, 15 to come off the gravel. She turned to the 16 right and then she turned to the left. 17 Q. I want to back you up a little 18 bit. Before you felt the gravel, before that, 19 were you periodically looking at the roadway at 20 all? 21 A. No. 22 Q. You were pretty much focused on 23 your book? 24 A. Yes. Page 20 1 Q. Do you recall any vehicles being 2 in the right-band lane of travel? 3 A. Not that I know of. 4 Q. Okay. Is it fair to say then 5 that immediately before this accident, you were 6 focused on reading your book? 7 A. Yes. 8 Q. But at that time, you didn't feel 9 that Angela was operating the vehicle in an 10 unsafe manner? 11 A. No, I didn't. 12 Q. And the first thing that caught 13 your attention was the feel of the vehicle 14 running over gravel? 15 A. Yes. 16 Q. And is it fair to say before that 17 you are not certain if there was traffic in the 18 right-hand lane or not? 19 A. At that particular time, I am not 20 sure. 21 Q. And would I be correct to say 22 that you didn't see any vehicle in the other 23 lane of travel take some action that required 24 Angela to avoid a collision; is that fair? Page 19 1 Q. Did you have a sense at all of 2 how fast Angela was traveling at that time? 3 A. She might have been doing the 4 speed limit. 5 Q. Was there anything about the way 6 she was operating her vehicle that led you to 7 feel unsafe? 8 A. No. 9 Q. Did you feel that she was 10 operating the vehicle at an excessive speed? 11 A. No. 12 Q. Did you have a sense that she was 13 tailgating any vehicles in front of her? 14 A. No. 15 Q. Were you able to see if there 16 were any vehicles in front of her? 17 A. No. 18 Q. Do you know if there were any .19 vehicles behind you? 20 A. No, not that I know of. 21 Q. Do you recall which lane of 22 travel you were in? 23 A. It was. the left lane, the passing 24 lane. Page 21 1 A. You could say that. 2 Q. Is it also fair though that you 3 were not paying attention so that could have 4 happened without you seeing it? 5 A. It could have -- 6 MS. DENNISON: Objection to 7 form. 8 MR. WELLS: You can answer. 9 THE WITNESS: It could have. 10 BY MR. WELLS: I 1 Q. So, I am going to take you back 12 more slowly and ask you again, what did you do 13 when you felt the sensation of gravel? 14 A. I called her name. I said Angie 15 and I looked up and I can remember her trying 16 to pull the car off the gravel. 17 Q. And was she able to get it off of 18 the gravel? 19 A. Yeah. 20 Q. What happened next? 21 A. She turned to the right and then 22 she turned it back to the left. 23 Q. And what happened next? .24 A. That's when she swerved, she lost 6 (Pages i is to a i) Love Court Reporting, Inc. Robert Williams Pap 22 1 control. 2 Q. Can you describe what you mean by 3 swerved. 4 A. Spinning. . 5 Q. So, that was still on the paved 6 portion of the roadway? 7 A. Yes. 8 Q. And the vehicle was spinning? 9 A. Yes. 10 Q. Did it do a complete spin? 11 A. Yes. 12 Q. Did it do one complete spin or do 13 you know how many times -- 14 A. No, not exactly. 15 Q. And then what happened? 16 A. It went down over the embarkment 17 (sic). 18 Q. That was sort of a grass 19 embankment; is that right? 20 A. Yes. 21 Q. Do you specifically recall the 22 vehicle being in the grass before it flipped 23 over? 24 A. I couldn't say. - Page 24 1 A. Yes. 2 Q. What happened to the vehicle 3 after that? 4 A. We was -- you mean after - I 5 don't understand the question. 6 Q. Let me ask you this. What is 7 your recollection as to where the vehicle ended 8 up? 9 A. At the bottom of the grass 10 embarkment (sic). 1 I Q. And where were you at that point? 12 A. I wasn't in the seat no more. 1 13 was in the back of the vehicle. 14 Q. In the cargo area? 15 A. Yes. 16 Q. Can you tell me how were you 17 positioned in that cargo area? 18 A. I was on my back. 19 Q. And what direction were your feet 20 facing? 21 A. Facing the front of the vehicle. 22 Q. And where was your head? 23 A. In the back of the vehicle. My 24 head was back towards the door. Page 23 Page 25 I Q. But you do recall the vehicle 1 Q. Okay. Towards the Iiftgate? 2 flipping at some point? 2 A. Yes. 3 A. Yes. 3 Q. Was that opened or closed? 4 Q. And what do you recall about the 4 A. It was cracked. 5 direction the vehicle flipped? 5 Q. What was cracked? 6 A. On the side. 6 A. The door was cracked. I'm not 7 Q. Which side? 7 sure, but I think it was cracked. 8 A. On the driver's side. 8 Q. When you say cracked, is that 9 Q. Okay. Do you know how many times 9 partially open? 10 it flipped? 10 A. Yes. 11 A. Two, I think. 11 Q. Do you recall if the glass 12 Q. What happened to you as this 12 portion of that Iiftgate was intact? 13 vehicle was flipping? 13 A. There was glass back there. I 14 A. I wasjust like holding on in the 14 don't know what window was broken, but there 15 car. I was being jolted around. 15 was glass back there. . 16 Q. At some point the vehicle came to 16 Q.. When the vehicle came to rest, 17 rest? 17 were you able to see Dolores Robichaw at all? 18 A. Yes. 18 A. I could see her back 19 Q. And where was the vehicle when it 19 Q. . What did you see regarding her 20 came to rest? 20 position in the vehicle? 21 A. At the bottom of the embarkment 21 A. She was tike on the, like on the 22 (sic). 22 side door. 23 Q. Your recollection is that it came 23 Q. Was the front of her body facing 24. to rest at the bottom of the grass embankment? 24 her .passenger door? i trages zl io 1.71 ing, Inc Love Court Report 1 . , I Robert Williams Page 26 Page 28 1 A. I don't know. 1 A. I couldn't move my legs. 2 Q. Was her left shoulder pointed 2 Q. Was there anything about the 3 towards the windshield? 3 condition of the vehicle that prevented you 4 A. I don't recall. 4 from getting out of the cargo area? 5 Q. Are you able to see if she was 5 A. Not that I remember. 6 injured in any way? 6 Q. Is that, in fact, how you exited 7 A. No, not from where I seen her. 7 the vehicle, from the liftgate? 8 Q. Were you able to speak to her at 8 A. Yes. 9 all? 9 Q. And was that with the assistance 10 A. Yes. 10 of some medical personnel? 11 Q. And did you, in fact, speak to 11 A. Yes. 12 her? 12 Q. Did the EMTs that arrived on the 13 A. Yes. 13 scene help to place you in a stretcher? 14 Q. What do you recall about any 14 A. Yes. 15 conversation you had with her? 15 . Q. What else did they do for you? 16 A. I asked her if she was all right. 16 A. Nothing until I got to the 17 Q. And how did she respond? 17 hospital. 18 A. She said no. 18 Q. And you were transported by 19 Q. What did she tell you? 19 ambulance; is that right? 20 A. Her back was hurting. 20 A. Yes. 21 Q. Were you able to see Angela at 21 Q. When you were taken to the 22 all? 22 hospital, were you in the hospital with 23 A. No. 23 Dolores? 24 Q. Were you able to see any blood in 24 A. I was there before Dolores and Page 27 1 the vehicle? 2 A. No. 3 Q. What about any injuries that you 4 had at that time? 5 A. My back, my neck and my foot. 6 Q. Were you bleeding at all? 7 A. I had a laceration in my arm. 8 Q. Which arm? 9 A. My right arm. 10 Q. How bad was it bleeding? 11 A. It wasn't too bad. 12 Q. Did you attempt to have any 13 conversation with Angela? 14 A. I called her maybe two or three 15 times an d I never got a answer. . 16 Q. What happened next? 17 A. A guy appeared from no where and 18 he said he called the police or the ambulance. 19 Q. Were yo? able to get out of the 20 vehicle yourself? 21 A. No. 22 Q. Why not. 23 A. I couldn't walk.. 24 Q. And why couldn't you,walk? Page 29 1 she came after me. 2 Q. You were transported separately? 3 A. Yes. 4 Q. Were the two of you in the same 5 room? 6 A. For a minute. 7 Q. And then do you know why you were 8 separated? 9 A. My injuries were a little worse 10 than hers, I think. I'm not sure of that 11 though. 12 Q. At some point, were you 13 interviewed at the hospital by a Pennsylvania 14 State Trooper? 15 A. I don't recall 16 Q. Do you recall ever been 17 interviewed by a Pennsylvania State Trooper? 18 A. I can't remember. 19 Q. Were you taking any alcohol or 20 any drugs or had you done anything that would 21 have impaired your ability to remember what 22 happened that day? 23 A. No, I did not. 24 Q. Immediately before this accident, 8 ?ragcs c.v w Z-7 . Love Court Reporting, Ina Robert Williams Page 30 1 do you recall if the radio was on in the car? 2 A. I am not sure. 3 Q. Do you recall whether or not 4 Angela was talking on a cell phone immediately 5 before the accident? 6 A. I can't recall. 7 Q. Is there anything that you recall 8 that would lead you to believe that Angela was 9 distracted in any way before this accident? 10 A. No. It was pretty much, like I I 1 said, I was reading and every now and then I 12 would glance up. 13 Q. Okay. Had you driven in a 14 vehicle with Angela before? 15 A. Yes, I have. 16 Q. Can you tell me how many times. 17 A. No, not exactly. 18 Q. Had you been in a vehicle when 19 Angela was the driver of a vehicle? 20 A. Yes, I have. 21 Q. Can you estimate the number of 22 times that she was the driver of a vehicle 23 where you were a passenger? 24 A. I can't give you an exact number. Page 31 1 Q. Did you consider her to be a safe 2 driver? 3 A. Very, yes. 4 Q. why? 5 A. Over the years I have driven with 6 her, I don't believe I would have read that 7 book if I didn't feel comfortable with her. 8 Q. So, part of the reason why you 9 were able to read a book during this trip was 10 because you felt safe as a passenger in her 11 car? 12 A. Yes. 13 Q. And that was based on your 14 experience as a passenger in the vehicles that 15 she had driven in the past? 16 A. Yes. 17 Q. Had you ever known her to be 18 someone that would drive a vehicle at an 19 excessive rate of speed? 20 A.. Not to my knowledge. 21 MR. WELLS:. That's all the 22 questions I have at this time. 23. BY.MS. DENNISON: 24 Q: Good afternoon, Mr. Williams. Page 32 1. A. Good afternoon. 2 Q. My name is Kristen Dennison and I 3 represent Ford Motor Company in the action that 4 was brought against you by the estate of Angela. 5 McClenton. How did you meet Dolores Robichaw? 6 A. 't'hrough a mutual friend, years 7 ago. 8 Q. Are you still seeing her now? 9 A. No. 10 Q. Did you continue seeing Dolores I 1 after this accident? 12 A. For a minute. 13 Q. When you say a minute, what do 14 you mean? 15 A. Like two months after the 16 accident. 17 Q. Now, you state that -- did you 18 meet Dolores in Philadelphia? 19 A. Yes. 20 Q. Were you seeing her before she 21 moved to Williamsport? 22 A. Yes. 23 Q. And the you continued seeing her 24 after she moved to Williamsport? Page 33' 1 A. Yes. I was seeing her maybe in 2 the '80s. 3 Q. And then you stopped seeing her 4"' for a while? 5 A. Yes. 6 Q. And then you started seeing her 7 when she moved to Williamsport? 8 A. Yes. 9 Q. And how long were you seeing 10 Dolores prior to this accident? 11 A. Maybe about three to six months. 12 Q. And then you continued to date 13 her for a couple of months after the accident, 14 correct? 15 A. Yes. 16 Q. On the day of the accident, you 17 were traveling back from Vision Quest. What 18 was your plan when you got back to 19 Philadelphia? 20 A. To be back to work and do what I 21 usually do.. 22 Q. Did you go plan on going back to 23 go. Philadelphia later that evening or were you ,I 24 going to stay with Dolores that evening? J 9 (Pages 3U to 33) Love Court Reporting, Inc. , I r Robert Williams 1 Page 34 A. Oh, I was leaving -- I was 1 Page 36 conditioning was on? -- 2 supposed to be back Monday morning. 2 A. I believe so. 3 Q. Okay. So you were staying with 3 Q. Do you know in the sun roof was 4 Dolores the evening of the accident? 4 opened or closed? 5 A. Yes. 5 A. I have no recollection either 6 Q. Now, you said that you were 6 way. 7 reading a book in the vehicle while you were 7 Q. Was there any cargo in the 8 traveling. 8 vehicle such as a cooler, luggage, packages? 9 During the course of your trip, 9 A. No. 10 just prior to the accident, on the way back 10 Q. When you ended up in the cargo 1 i from Vision Quest, were you paying any 11 area, was there anything else in the cargo area 12 attention to the road? 12 with you? 13 A. Not really. I would glance up. 13 A. No. 14 Q. How often would you look up? 14 Q. Was there anything in the back 15 A. Every now and then. 15 seat with you while you were traveling? 16 Q. When you say every now and then, 16 A. No. 17 every ten minutes, every hour? 17 Q. Do you have any knowledge whether 18 A. Anywhere in between a half hour 18 Dolores or Angela were belted? 19 and an hour. 19 A. I believe both of them were. 20 Q. And when you would glance up, how 20 Q. Was there any point during the 21 long would you glance up? 21 trip in which you had your seatbelt on? 22 A. A few seconds. 22 A. No. 23 Q. Did you have any conversations 23 Q. How were the front seats 24 during this trip with either Angela or Dolores? 24 positioned on the track; do you know? By that ` 1 Page 35 A. No, not really. 1 Page 37 I mean on their tracks. For instance, how much 2 Q. At any time when you looked up, 2 leg room did you have between your seat and 3 did you look at the speedometer? 3 Dolores' seat? 4 A. No, I never looked at the 4 A. Enough not to be cramped. 5 speedometer. 5 Q. Did you have occasion to see how 6 Q. Do you know if Angela and Dolores 6 close Dolores was positioned to the front 7 were talking to each other? 7 dashboard? 8 A. Yes, they were. 8 A. I have no idea. 9 Q. Could you bear what they were 9 Q. And how the seats are positioned 10 talking about? 10 on the track, did you look at all to see if it 11 A. No, I wasn't paying attention. 11 was positioned more towards the front, the 12 Q. Were they talking the entire 12 middle or the back? 13 trip? 13 A. I didn't notice. 14 A. There were moments of silence. 14 Q. Did you notice how Angela's seat 15 It wasn't consistent. 15 was positioned in respect to Dolores' seat; was 1.6 Q. Did you look up at all and see, 16 it even with it, up more, back more? 17 during the conversation between Angela and 17 A. I have no idea. 18 Dolores, whether Angela was looking over at 18 Q. How about the actual seat backs, 19 Dolores or. if she was motioning at all? 19 do you know what angle of recline Dolores' seat 20 A. I didn't notice. 20 was at? 21 Q. During this trip, were the 21 A. They were not leaning, because I ' 22 windows up or down? 22 ' was very comfortable in my seat. 23 A. Up. 23 Q. Do you know how far back Angela's 24 Q. Do you know if the air - 24 seat back was in relation to Dolores' seat I O (Pages 34 to 37) Love Court Reporting, Inc. Robert Williams 1 Page 38 back? 1 Page 40 A. Yes. 2 A. No, I have no idea. 2 Q. To your knowledge, Angela was not 3 Q. I think you answered this, but 3 wearing a jacket? 4 just to be sure, do you have any understanding 4 A. I don't recall, to be honest. 5 as to the speed Angela_ was driving? 5 Q. Do you know if just prior to the 6 A. It felt like she wasn't speeding. 6 accident Angela was doing something in addition 7 Q. What do you base that on? 7 to driving, such as talking to Dolores, 8 A. By the cars that was passing us. 8 anything, talking on the cell phone, eating 9 Q. Do you know what the speed limit 9 anything, playing with the radio; anything like 10 was on that portion of the highway? 10 that? 11 A. I'm not sure, 55 of 65. 11 A. Other than talking to Dolores, I 12 Q. Okay. But you are stating there 12 didn't notice anything else. 13 were other vehicles that were passing you? 13 Q. - Did you see at any point whether 14 A. Yes. 14 Angela moved from a normal driving position 15 Q. You stated that your vehicle was 15 with her back against the back and her hands on 16 traveling in the left-hand lane. Were vehicles 16 the steering wheel, if she motioned at all to 17 passing you in the right-hand lane? 17 grab something to her right or the left in any 18 A. Yes. 18 way? 19 Q. Did you see how Angela was 19 A. I can't recall. 20 positioned in her seat just prior to the 20 Q. Now, you stated the first thing 21 accident; where her legs were, where her arms 21 that you noticed was the gravel, feeling the 22 were? 22 gravel? 23 A. I didn't notice. 23 A. Yes. 24 Q. Do you know if she was using the 24 Q. And then you stated that the Page 39 Page 41 1 vehicle's cruise control at the time of the 1 vehicle went to the right? 2 accident? 2 A. Yes. 3 A. I have no idea. 3 Q. Did the vehicle move into the 4 Q. Did you have the opportunity to 4 right lane of traffic when it was into the 5 see whether Angela's hands were both on the 5 right? 6 steering wheel or not? 6 A. Not that I know of. 7 A. I didn't notice that either. 7 Q. And then it moved to the left? 8 Q. And I will tell you right now I 8 A. Yes. 9 am going to apologize for the level of detail 9 Q. And you said when it moved to the 10 I'm going to go into. If you don't know, 10 left that's when she lost control and the 11 answer that as you have been doing. 11 vehicle spun? 12 Do you recall what Angela was 12 A. Yes. 13 wearing on the day of the accident? 13 Q. Did the vehicle spin counter 14 A. No. 14 clockwise or clockwise? 15 Q. Do you know if it was pants, 15 A. I believe counter clockwise. 16 shorts or a skirt? 16 Q. And did it spin all of the way 17 A. I don't recall. 17 around 360 so it was facing the same direction 18 Q. Do you recall what kind of shoes 18 that it started? 19 she was wearing? 19 A. No. . 20 A. I can't recall. 20 Q. How far did the vehicle spin 21 Q. Do you recall what kind of shirt 21 before it went down the embankment? 22 she was wearing? 22 A. I have no idea. 23 k No. 23 Q. And then you stated that the . 24 Q. This was summer, correct? 24 vehicle went into the grass embankment? 11 (Pages 38 to 41) Love Court Reporting, Inc. V V Robert Williams Page 42 I A. Yes. 1 2 Q. And flipped over? 2 3 A. Yes. 3 4 Q. Do you have a specific 4 5 recollection of the vehicle first going into 5 6 the embankment and then rolling over? 6 7 A. I don't how many times the car 7 8 twirled, but I do remember the car going down 8 9 the embarkment (sic). 9 10 Q. But do you recall when it 10 I I actually left the air, whether that was in the 11 12 roadway or in the embankment? 12 13 A. I really don't understand your 13 14 question. 14 15 Q. Do you have a recollection of the 15 16 vehicle traveling into the embankment before it 16 17 actually rolled over? 17 18 A. No. 18 19 Q. You don't have a recollection of 19 20 that? 20 21 A. No. 21 22 Q. Sorry to beat a dead horse. You 22 23 can't state for sure, one way on the other, 23 24 whether the vehicle rolled onto the driver's 24 Page 43 1 side when it was on the roadway or in the 1 2 embankment? 2 3 A. It rolled on the driver's side -- 3 4 it began on the highway and then it started 4 5 flipping over once it got to the embarkment 5 6 (sic). It didn't roll over while it was on the 6 7 highway, it started when it started going in 7 8 the embarkment (sic). 8 9 Q. Thank you. Okay. And when the 9 10 vehicle came to rest, you said it was at the 10 I I bottom of the grass embankment. Did it come to 11 12 rest on its tires? 12 13 A. Yes, it did. 13 14 Q. And you stated that while the 14 15 vehicle was rolling, you recall your body 15 16 moving - 16 17 A. I was going up and down. 17 18 Q. Do you recall when you went into 18 19 the cargo area of the vehicle? 19 .20 A. I don't know whether I was still 20 21 on -- okay. When the car was swerving right, l 21 22 was going this way and I started bouncing 22 23 around, back and forth. 23 24 Q. And at some point you went over 24 Page 44 into the cargo area? A. Yes. Q. Do you recall when that was? A. When the car was flipping over. Q. Do you recall if it was on the first flip, the second flip? A. I can't be sure. I don't know. Q. You said that your feet were facing the front of the vehicle and by that you mean the back of the seat that you were in? A. Yes. Q. And your head was back towards the liftgate of the vehicle? A. Yes. Q. At the end of the accident, was your head hanging out of the vehicle at all? A. No. Q. Where were your arms? A. By my side. Q. Were you facing the ceiling? A. Yes, I was. Q. Where your legs straight out or bent? A. Bent. Page 45 Q. Your toes were facing up? A. Yes. Q. Were they bent to the ceiling or to the side? A. To the side. Q. Were you on more towards the driver's side or the passenger's side? A. I was more towards the passenger's side. Q. Were your knees bent towards the passenger's side? A. No, my knees were bent towards the driver's side. Q. And your arms were straight out to your side? A. Yes. Q. Were you palms up? A. I don't remember. Q. Were you at a diagonal or were you straight? A. Slightly. Q:. So, your bead was more towards the passenger's side of the vehicle? A. Yes. 12 (Pages 42 to 45) Love Court Reporting, Inc: r I T Robert Williams Page 46 1 Q. How close was your head towards 1 2 the back right corner? 2 3 A. Maybe about a foot. 3 4 Q. So, a foot away from the back 4 5 right corner of the vehicle? 5 6 A. Yes. 6 7 Q. And then your feet were they more 7 8 towards the driver's side of the vehicle? 8 9 A. More like I was on the 9 10 passenger's side. 10 11 Q. You're pointing like more of an 11 12 angle like 15 degrees. Did anybody else see 12 13 that? 13 14 A. More so I was on the passenger's 14 15 side than more to the driver's side. 15 16 Q. While you were moving within the 16 17 vehicle do you recall striking the ceiling of 17 18 the vehicle? 18 19 A. Yes. 19 20 Q. Do you recall striking anything 20 21 else in the vehicle? 21 22 A. No. I was bouncing around from 22 23 side to side. 23 24 Q. Do you recall what parts of your 24 Page 47 1 body came into contact with what parts of the 1 2 vehicle? 2 3 A. My head hit the ceiling one time 3 4 and then the rest of it I don't remember. I 4 5 know my back was hurting more than anything. 5 6 Q. At the end of the accident? 6 7 A. Yes. 7 8 Q. Did you feel pain during the 8 9 accident? 9 10 A. Yes, during the accident, yes. 10 I I Q. Where did you feel pain during 11 12 the accident? 12 13 A: In my back. 13 14 Q. Did you see how either Dolores or 14 15 Angela moved within the vehicle during the 15 16 accident? 16 17 A. No. I7 18 Q. And I am correct that at no point 18 19 when were you in the cargo area were you able 19 20 to see Angela? 20 21 A. No, not at all. 21 22 - •Q. Do you recall seeing any blood? 22 23 A. No. 23 24 Q. Am .I correct that you do not see 24 Page 48 the extrication process for Angela? A. No. Q. No, you did not see it? A. No, I did not. Q. Do you have any knowledge of whether any seatbelts had to be cut to get her out? A, Only what I heard. Q. What did you hear? A. I think it was one of the officers when he came to the hospital he said they had to cut Angela out of the car. Q. You heard that from a police officer? A. Yes. Q. Was that something that you overheard or was he talking to you? A. He was talking to me and Dolores. Q. So, you remember a police officer talking to you and Dolores? A. It was somebody came in there and we asked about Angela. Q. And that officer told you that her seatbelt had to be cut to get her out of Page 49 the vehicle? A. He said cut out of the car, seatbelt or whatever. Q. And you were taken from the vehicle by EINTs; is that correct? A. Yes. Q. You said that somebody approached you first. Did you say that was a police officer? A. No, it was somebody driving had stopped and told me that he called the police. Q. Did he say anything else to you? A. No. Q. Did you see what he did after he left where you were? A. No. Q. Did anybody else come up to talk to you? A. No. Q. And the EMTs helped you out of Y the vehicle? A. Yes. Q. How did they get you out of the. car? 13 (Pages 46 to 49) Love Court Reporting, Inc. Robert Williams Page 50 1 A. They slid me out. 1 2 Q. Did they put a back board on you? 2 3 A. I can't recall. 3 4 Q. Did they put a neck brace on you? 4 5 A. I can't recall. 5 6 Q. And did they put you on a 6 7 stretcher? 7 8 A. Yes. 8 9 Q. What were your injuries? 9 10 A. My back, my neck and my foot. 10 11 Q. Did you have any broken bones? 11 12 A. Fractured ribs. 12 13 Q. What was your back injury? 13 14 A. I don't know. I was paralyzed. 14 15 Q. Do you know if it was a sprain or 15 16 strain or if you had any herniated discs? 16 17 A. I don't know. 17 18 Q. Did you have any X-rays or YMs? 18 19 A. Yes. 19 20 Q. Did you have both X-rays and 20 21 NMs? 21 22 A. Yes. 22 23 Q. How many? 23 24 A. Well, I had X-rays down there and 24 Page 52 1 A. My foot was sprained also. Q. Your foot or your ankle? A. My foot. Q. Which one? A. My left. Q. And I think you also said that you had a cut on your arm? A. Yes. Q. Did your arm require stitches? A. Yes. Q. How many? A. I think four or five? Q. How long did you stay in the hospital ? A. I think it was two days. Q. Did you return to Philadelphia after you were released? A. Not immediately, maybe about a week. Q. Where did you go after you left the hospital? A. I went to stay with Dolores. Q. Did you stay overnight before going home? Page 51 Page 53 1 I had an MRI when I came back to Philly. I A. Yes, I left the next morning. 2 Q. Both for your back 2 Q. Are you any blood relation to 3 A. Yes. 3 Angela? 4 Q. Where were your YMs done? 4 A. No. 5 A. At the University of 5 Q. Your mother and her mother aren't 6 Pennsylvania. 6 sisters? 7 Q. Did you have to undergo any 7 A. No, we just grew up together. 8 physical therapy? 8 Q. You said that you had been in the 9 A. Yes. 9 vehicle with Angela before and you didn't know 10 Q. How much physical therapy; how 10 exactly how many times. Can you estimate if it 1 I long? 11 was more or less than ten times? 12 A. About a year. 12 A. Less than ten. 13 Q. Where was that? 13 Q. More or less than five? 14 A. At 17th Street between Locust and 14 A. No, between six and ten times. 15 Spruce. 15 Q. Did you ever go back and see the 16 Q. Okay. And your neck, what was 16 vehicle that was involved in the accident after 17 your neck injury? 17 this accident? 18 A. It was like sprained, my neck. 18 A. No. 19 Q: Your physical therapy did that 19 Q. Did you ever talk to Keisha 20 involve any anything with your neck or just. 20 McClenton after this accident about the 21 , your back? 21 accident? .22 A. It was the neck and back. 22 A. No more than what happened. 23. Q. And your foot, what was the 23 Q. And what did you tell Keisha 24 injury to your foot? 24 about what happened? 14 (Pages 50 to 53) Love Court Reporting, inc. Robert Williams Page 54 I A. The same thing I said here. 2 Q. So, your recollection of how the 3 accident occurred. 4 A. Yes. 5 Q. That was here in Philadelphia? 6 A. Yes. 7 Q. Have you ever written down or 8 recorded, in any way, how the accident 9 happened? 10 A. No. 11 Q. Have you ever seen any therapist 12 about your feelings from the accident? 13 A. No. 14 MS. DENNISON: I don't have any 15 other questions. Thank you. 16 BY MR. WELLS: 17 Q. I have a few follow-up questions 18 and then you'll be finished. 19 What hospital were you taken to? 20 A. I can't think of the name of the 21 hospital. 22 Q. In any event, you do have a 23 recollection of a police officer being at the 24 hospital? Page 56 1 A. It was a question -- 2 Q. Just tell me what you remember. 3 A. We asked him how was Angela doing 4 and he said that she had to be cut out, she's 5. not doing too good. 6 Q. And he did ask you what you 7 recalled as to how the accident happened? 8 A. No. 9 Q. Did he ask Dolores how the 10 accident happened? 11 A. Not that I know of. 12 Q. Did he or any other police 13 officer ever ask you what happened? 14 A. Not that I recall. 15 Q. And for how long were you in that 16 room with Dolores? 17 A. At the most, 20 minutes. 18 Q. When you left the room was that 19 police officer still there? 20 A. I don't think so. 21 Q. Is it your recollection that he 22 left before you left the room? 23 A. He left before I left. 24 Q. And the entire time that were you Page 55 Page 57 1 A. Yes, there was an officer that I in the room, he never took a statement either 2 came in. 2 from you or from Dolores? 3 Q. Where were you at the time? 3 A. No, not from me. Excuse me. Not 4 A. I was in the emergency ward 4 from me or Dolores while I was there. 5 Q. Were you in a room or an open 5 Na. WELLS: Right. That's all 6 area? 6 I have. 7 A. It was a room. 7 One final thing. You have an 8 Q. And do you know where Dolores was 8 opportunity to review this transcript 9 at that time? 9 and make sure that your answers are 10 A. In the room. 10 accurate. 1 I Q. So, at that point in time, you I I You may want to discuss it with 12 were in the same room? 12 your attorney, who is present here, 13 A. Yes. 13 but you may also waive that right. 14 Q. Did the police officer speak with 14 It's your choice. 15 either of you at that time? 15 Do you have a preference as to 16 A. No, not that I know of. 16 whether you would like to review and 17 Q. So, the conversation that you 17 sign the transcript or waive that? 18 related regarding either removing Angela's 18 '17HE `,VTTNESS: I'll waive it. 19 seatbelt or somehow removing her from the 19 - - - 20 vehicle -- you recall providing some testimony 20 (Witness excused.) 21 about that conversation? A 21 - - - 22, A. Yes, I do. 22 (Whereupon the deposition 23 Q.. Is that a conversation that you 23 concluded at 3:09 p.m.) 24 overheard the officer having with someone else? 24 - - - 1.5 (Pages 54 to 57) Love Court Reporting, Inc. .s Robert Williams Page 58 1 -- 2 CERTIFICATION 3 4 1, JOSEPHINE GUERRIERI, 5 Professional Court Reporter and Notary Public, 6 do hereby certify that the proceedings and 7 evidence noted are contained fully and 8 accurately in the notes taken by me at the 9 deposition of the above matter, and that this 10 is a correct transcript of the same. I 1 I further certify that I am not 12 an attorney or counsel of any of the parties, 13 nor a relative or employee of any attorney or 14 counsel in connection with the action, nor 15 financially interested in the action. 16 Josephine Guerrieri 17 My Commission Expires: March 23, 2009 18 19 (The foregoing certification of 20 this transcript does not apply to any 21 reproduction of the same by any means, unless 22 under the direct control and/or supervision of 23 the certifying reporter.) 24 16 (Page 58) Love Court Reporting, Inc. . N ' . r lift i { t ro D POST & SCHELL, P.C. BY: ANDREW J. SPAULDING I.D. #: 88096 13TH FLOOR FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 Granite State Insurance Company Plaintiff, V. Delores Robichaw and Robert Williams Defendants. ATTORNEYS FOR PLAINTIFF Granite State Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-502 Civil Term PLAINTIFF'S ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS Plaintiff, Granite State Insurance Company ("Plaintiff'), hereby files the within Response to Defendant, Delores Robichaw ("Defendant Robichaw") and John Williams' ("Defendant Williams")(collectively, "Defendants") Preliminary Objections to the Declaratory Judgment Complaint and, in support thereof, avers as follows: 1. Denied as stated. It is only admitted that Plaintiff filed its Declaratory Judgment Complaint on January 24, 2007. 2. Admitted. 3. Admitted in part, denied in part. It is admitted only that the accident was investigated by the Pennsylvania State Police as is indicated in the report attached to Plaintiff's Preliminary Objections. The remaining allegations of this paragraph are denied. 4. Admitted in part, denied in part. It is admitted only that the police report does not include any statement from Defendant Robichaw or Defendant Williams. 5. Admitted in part, denied in part. The deposition transcript attached to Defendants' Preliminary Objections speaks for itself. Plaintiff further points out, however, that the deposition referenced in this paragraph of Defendants' Preliminary Objections took place on December 19, 2005, three and a half years after the June 9, 2002 accident. This December 19, 2005 testimony represents the first occasion on which Defendants "reported" that a phantom or unidentified vehicle was involved in the June 9, 2002 accident. 6. Admitted in part, denied in part. It is admitted only that Defendant Williams testified that he was reading a book immediately before the accident occurred. DEFENDANTS' PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE 7. Denied as stated. 75 Pa.C.S. §1702 is a statute which speaks for itself. 8. Admitted in part, denied in part. It is admitted only that a solo vehicle accident involving the vehicle operated by Angela McClenton and as reported in the Pennsylvania State Police Report was reported to the police within 30 days of the accident. It is specifically denied that an accident involving an unidentified or phantom vehicle was reported to the police within 30 days. 9. Admitted in part, denied in part. The Court's holding in Hatcher speaks for itself. However, it is denied that the Hatcher opinion is controlling in this instance. To the contrary, the Hatcher case involved a very different fact pattern than that presented here. In Hatcher, the claimant, due to no fault of his own, was unable to produce a written police report. The issue before the Court was whether production of a written police report was a requisite to satisfying the requirement that an accident involving an unidentified vehicle be reported to the police. In that case, the claimant was struck by a hit and run vehicle while he was a pedestrian. There was evidence in the record that the claimant reported the incident, including the hit and run vehicle, to the police while at the hospital, thus fulfilling the requirement. The fact that no written report was made by the police was irrelevant. In the instant matter, the Pennsylvania State Police completed a written report of the accident. Accordingly, whether the accident itself was reported to the police is not in dispute. Rather, the issue is whether an accident involving an unidentified vehicle was reported to the police. By Defendants' own admission, neither Defendant Robichaw nor Defendant Williams reported the unidentified vehicle to the police, or anyone else, until their depositions four years after the accident. The report in this instance also includes interviews of numerous witnesses, none of whom reported an unidentified vehicle. State Farm Mut. Auto. Ins. Co. v. Foster, 585 Pa. 529, 536, 889 A.2d 78, 82 (2005) and Vanderhoff v. Harleysville Insurance Co., Memorandum Opinion No. 1984 MDA 2004 (Pa. Super. 2006) are of much greater relevance to the instant matter than Hatcher (A copy of the Superior Court's opinion in Vanderhoff is attached hereto for the Court's convenience as Exhibit "A."). In Foster, the Supreme Court noted that the purpose of the reporting requirement is to prevent fraudulent claims. Specifically, the Court stated: Section 1702's police notification requirement advances the policy of keeping automobile insurance affordable to the public by minimizing fraudulent claims `and the attempted recovery of benefits in cases where accidents were alleged to have been caused by `phantom' vehicles. "' Foster, 585 Pa. at 535, 889 A.2d at 81. A natural extension of that logic is the requirement that the alleged unidentified vehicle be reported to the police as well. The policy of preventing fraudulent claims is frustrated if a claimant is not required to report the unidentified vehicle to the police. Such is the equivalent of not having a reporting requirement in the first place. Although the Superior Court's opinion in Vanderhoff is a non-precedential decision, it is of helpful guidance and directly on point. In Vanderhoff, as in the present matter, the claimant was involved in a motor vehicle accident to which the police responded and a report was issued. Id., at 2. The police report included no mention of an unidentified or phantom vehicle. Id., at 2. Eleven months after the accident, the claimant, for the first time, wrote the police officer who authored the report, requesting that his report be amended to include the presence of a phantom vehicle. Id at 2. The claimant subsequently filed a claim for uninsured motorist benefits and the insurer filed a declaratory judgment action. In its declaratory judgment action, the insurer argued that the claimant failed to satisfy the police reporting requirement by not reporting the phantom vehicle within 30 days or as soon as practicable. On review, the Superior Court held that the claimant failed to satisfy the police reporting requirement. Id., at 6-7. The Court also noted that whether the insurer was prejudiced by claimant's failure to report the unidentified vehicle is irrelevant to the inquiry. Id., at 7. 10. Denied. Rule 1028(a)(4) speaks for itself and this paragraph of Defendants' Preliminary Objections requires no response on the part of Plaintiff. 11. Denied. As stated in Plaintiff's response to paragraph 9 of Defendants' Preliminary Objections, Defendants' failure to report the alleged unidentified vehicle to the police precludes them from bringing an uninsured motorist claim. The Foster opinion clearly identifies the purpose of the reporting requirement as preventing fraudulent claims. See Foster, 585 Pa. at 535, 889 A.2d at 81. The purpose is frustrated if a claimant is required to report only that an accident occurred, but not identify the existence of an unidentified or phantom vehicle. Such is the equivalent of having no reporting requirement at all. Further, the Superior Court's analysis in the Vanderhoff case is suggestive of the appropriate outcome in the instant matter. In Vanderhoff, the claimant reported the accident in a timely manner, but not the alleged phantom vehicle. See Vanderhoff, at 2. The Superior Court held that the claimant's failure to report the phantom vehicle to the police was fatal to his claim for uninsured motorist benefits. Id., at 6. Here, Defendants admit that they did not report the phantom vehicle to the police. Rather, the first time Defendants made any mention of a phantom vehicle was at Defendant Robichaw's deposition three and a half years after the accident. Clearly the fraud prevention purpose of the reporting requirement would not be permitted by allowing Defendants to pursue an uninsured motorist claim in this instance where the alleged phantom vehicle was never identified to the police. WHEREFORE, Plaintiff, Granite State Insurance Company, requests this Court to overrule Defendants' objections. POST & SCHELL, P.C. ANDREW J. SPAULDING, ESQUIRE Attorneys for Plaintiff, Granite State Insurance Co. POST & SCHELL, P.C. BY: ANDREW J. SPAULDING I.D. #: 88096 13TH FLOOR FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 Granite State Insurance Company Delores Robert Williams Plaintiff, V. Robichaw Defendants. ATTORNEYS FOR PLAINTIFF Granite State Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-502 Civil Term PLAINTIFF, GRANITE STATE INSURANCE COMPANY'S MEMORANDUM OF LAW IN SUPPORT OF ITS RESPONSE TO DEFENDANTS' PRELIMINARY OBJECTIONS This Honorable Court should enter an Order overruling Defendants, Delores Robichaw ("Defendant Robichaw") and Robert Williams' ("Defendant Williams")(collectively, "Defendants") Preliminary Objections to Plaintiff, Granite State Insurance Company's ("Plaintiff") Declaratory Judgment Complaint because Plaintiff's Complaint appropriately seeks relief on the basis of Defendants' failure to report the alleged unidentified vehicle to the police. Recent case law in this Commonwealth clearly establishes that a phantom vehicle must be reported to the police as required by section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Law in order for a claim to arise for uninsured motorist benefits. Accordingly, because Defendants failed to report the alleged phantom vehicle to the police, they are precluded from bringing a claim for uninsured motorist benefits. I. FACTS This matter arises out of a motor vehicle accident that occurred on June 9, 2002. See Police Report. Defendants were passengers in a vehicle operated by Angela McClenton, which was owned by Alexander Family Auto Dealership and insured under a policy of insurance issued by Granite State Insurance Company. The accident occurred as a result of Ms. McClenton losing control of the vehicle, causing it to overturn, and resulted in the death of Ms. McClenton and alleged injuries to Defendants. See Police Report. Defendants are now seeking to bring an uninsured motorist claim under the Granite State policy, wherein they claim that the accident occurred as the result of a phantom vehicle. Fatal to their claim, however, is their failure to report the phantom vehicle to the police. Trooper William Lee issued a report on behalf of the Pennsylvania State Police on June 15, 2002. See Police Report. Nowhere in the report is the alleged phantom vehicle mentioned. Defendants openly acknowledge in their Preliminary Objections that the phantom vehicle was not reported to the police. In fact, the first mention of a phantom vehicle occurred on December 19, 2005, three and a half years after the accident, at which time Defendant Robichaw for the first time identified an alleged phantom vehicle. See Deposition of Delores Robichaw, at 28-29. Pennsylvania law clearly requires that an unidentified vehicle involved in an accident be reported to the police where the unidentified vehicle serves as the basis for a claim for uninsured motorist benefits. Because Defendants failed to report the alleged phantom vehicle to the police, or any other body, their claims are precluded. II. LEGAL ARGUMENT A. Standard for Determining Preliminary Objections In considering Defendants' Preliminary Objections to Plaintiff's Complaint, this Court must accept as true the material facts set forth in the Complaint, as well as all inferences reasonably deductible therefrom. Aventis Pasteur, Inc. v. Alden Surgical Co., 2004 Pa. Super. 138, 142, 848 A.2d 996, 999 (2004). The Court must then determine from the facts averred whether the law says with certainty that no recovery is available. Id. Further, "[p]reliminary objections which seek the dismissal of a cause of action should be sustained only in cases in which it is clear and free from doubt that the pleader will be unable to prove facts legally sufficient to establish the right to relief." Hykes v. Hughes, 2003 Pa. Super. 397, 399, 835 A.2d 382, 283 (2003). If doubt exists as to whether a demurrer should be sustained, then the issue should be resolved in favor of overruling the demurrer. Aventis Pasteur, Inc., 2004 Pa. Super. at 142, 848 A.2d at 999. Viewing the facts plead by Plaintiff in the instant matter, it is clear that Plaintiff's Complaint sets forth facts sufficient to establish a right to relief and, as such, Defendants' Preliminary Objections should be overruled. B. Plaintiffs Complaint Sets Forth Facts Sufficient to Form a Cause of Action Defendants' claims for uninsured motorist benefits should be denied because they failed to fulfill the police reporting requirements of 75 Pa.C.S. 1702. Section 1702 of the Pennsylvania Financial Responsibility law defines "uninsured motor vehicle" as follows: An unidentified motor vehicle that causes an accident resulting in injury provided the accident is reported to the police or proper governmental authority and the claimant notifies his insurer within 30 days or as soon as practicable thereafter, that the claimant or his legal representative has a legal action arising out of the accident. 75 Pa.C.S. 1702. Case law interpreting section 1702 has made it clear that not only must the accident be reported to the police, but the unidentified or phantom vehicle must also be reported. The Superior Court first discussed the reasoning underlying Section 1702 in Jackson v. Pennsylvania Financial Responsibility Assigned Claims Plan, 575 A.2d 626 (Pa. Super. 1990). The court, in finding that the accident had never been reported to the police, found that the vehicle could not qualify as an uninsured motor vehicle under the statute, declaring that "the purpose of the statute was to prevent fraud and the attempted recovery of benefits in cases where accidents were alleged to have been caused by `phantom' vehicles." Likewise, in Gunther v. Constitution State Service Co., 630 A.2d 233 (Pa. Super. 1994), the Superior Court, in a case involving the proper governmental authority to whom a report must be made, reiterated that it was necessary "to report the motor vehicle accident involving an unidentified/uninsured motor vehicle" in order to trigger the uninsured motorists policy. 638 A.2d at 239. In Blazquez v. Pennsylvania Financial Responsibilityssignment Claims Plan, 757 A.2d 384 (Pa. Super. 2000), the Superior Court, once again, observed that the purpose of the reporting requirement of Section 1702 is the prevention of fraudulent claims, finding that "non- contemporaneous, second-hand notification simply does not act to prevent fraud in the reporting of unidentified motor vehicle accidents as effectively as a report to the police." (Citations omitted). In State Farm Mut. Auto. Ins. Co. v. Foster, 585 Pa. 529, 536, 889 A.2d 78, 82 (2005), the Supreme Court noted that the purpose of the reporting requirement is to prevent fraudulent claims. Specifically, the Court stated: Section 1702's police notification requirement advances the policy of keeping automobile insurance affordable to the public by minimizing fraudulent claims `and the attempted recovery of benefits in cases where accidents were alleged to have been caused by `phantom' vehicles. "' Foster, 585 Pa. at 535, 889 A.2d at 81. A natural extension of that logic is the requirement that the alleged unidentified vehicle be reported to the police as well. The policy of preventing fraudulent claims is frustrated if a claimant is not required to report the unidentified vehicle to the police. Such is the equivalent of not having a reporting requirement in the first place. Defendants assert that only the fact of the accident must be reported to the police, but not the fact of the unidentified motor vehicle. While all of the previously discussed legal authority makes it clear that the reporting requirement includes the need to report the existence of the unidentified motor vehicle, the first decision to actually test that specific point is Vanderhoff v. Harleysville Ins. Co., memorandum opinion, 1984 MDA 2004 (Pa. Super. 2006) (PICS No. 06- 0374) (attached as Exhibit "A"), petition for alloc. rte, 911 A.2d 917 (Pa. 2006). While the Superior Court's decision is a non-precedential decision, it provides compelling guidance and is directly on point in terms of refusing coverage. In Vanderhoff, as in the present matter, the claimant was involved in a motor vehicle accident to which the police responded and a report was issued. Id., at 2. The police report included no mention of an unidentified or phantom vehicle. Id., at 2. Eleven months after the accident, the claimant, for the first time, wrote the police officer who authored the report, requesting that his report be amended to include the presence of a phantom vehicle. Id., at 2. The claimant subsequently filed a claim for uninsured motorist benefits and the insurer filed a declaratory judgment action. In its declaratory judgment action, the insurer argued that the claimant failed to satisfy the police reporting requirement by not reporting the phantom vehicle within 30 days or as soon as practicable. On review, the Superior Court agreed that the claimant failed to satisfy the police reporting requirement. Id., at 6-7. The Court also noted that whether the insurer was prejudiced by claimant's failure to report the unidentified vehicle is irrelevant to the inquiry. Id., at 7. The present matter is identical to Vanderhoff. Here, Defendants admit that they neglected to report the alleged phantom vehicle to the police. If anything, the argument for precluding Defendants' claims is even stronger than in Vanderhoff where the claimant finally reported the phantom vehicle to the police eleven months after occurred. To this date, the phantom vehicle described by Defendant Robichaw has not been reported to the police. Further, the first Plaintiff became aware of the alleged phantom vehicle was at Defendant Robichaw's December 19, 2005 deposition, three and a half years after the accident. Clearly, the fraud prevention policy element of the reporting requirement has not been fulfilled in this instance Certainly, the defendants' reliance of Hatcher v. Travelers Ins. Co., 617 A.2d 808 (Pa. Super. 1992) for the proposition that a claimant need report the accident only to the police is completely misplaced. In Hatcher, the claimant himself had reported the accident involving the unidentified motor vehicle to two Philadelphia Police Department officers while at the hospital. Since the claimant had indeed, contrary to the defendants herein, reported an accident involving an unidentified motor vehicle to the police, the court found that the claimant was entitled to seek to prove the factual question as to whether the accident had been sufficiently reported. Finally, as the Superior Court properly noted in Gunther, the object of all interpretation and construction of statutes "is to ascertain and effectuate the intention of the General Assembly." 1 Pa.C.S. Section 1921(a). Furthermore, "when the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit." 1 Pa.C.S. Section 1921(b). Under the defendants' analysis, the words "unidentified motor vehicle" are effectively read out of the statute. The statute, based on the prior legal authority, is quite clear in requiring that an accident involving an unidentified motor vehicle must be reported, consistent with the anti-fraud provisions of the Motor Vehicle Financial Responsibility Law, to the police. Simply reporting the accident, without advising the police that an unidentified motor vehicle was involved, effectively reads the critical words out of the statutory definition of "uninsured motor vehicle." When viewing the facts pled by Plaintiff as true, it is abundantly clear that Plaintiff has pled facts sufficient to state a legal cause of action against Defendants. At the very least, "doubt exists" as to whether Defendants' demurrer should be sustained, and the issue is more appropriate for determination on summary judgment. Aventis Pasteur, Inc., 2004 Pa. Super. at 142, 848 A.2d at 999. III. CONCLUSION Plaintiff stated a legally sufficient cause of action in its Declaratory Judgment Complaint, wherein it requested that this Court deem Defendants precluded from recovering uninsured motorist benefits as a result of their failure to report the alleged phantom vehicle to the police. Accordingly, Defendants' Preliminary Objections should be overruled. POST & SCHELL, P.C. ANDREW .; PAULDINESQUIRE Attorneys for Plaintiff, Granite State Insurance Co. EXHIBIT "A" <b style="background-color: #ffff66"><font, color="black">Vanderhoff</font></b> v. H... Page 1 of 15 Available at www.palawlibrary.com STURN H16HLIGWING 0 Highlighted Terms: vanderhoff NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE SUPERIOR COURT OF PENNSYLVANIA FORESTER VANDERHOFF V. HARLEYSVILLE INSURANCE COMPANY, Appellant No. 1984 MDA 2004 Appeal from the Order entered November 17, 2004 in the Court of Common Pleas of Luzerne County, Civil Division, at No. 5611-C of 2003. BEFORE: JOYCE, ORIE MELVIN and TAMIUA, 33. MEMORANDUM; FILED: March 1, 2006 Appellant, Harleysville Insurance Company, appeals from the order of the trial court which granted Appellee's, Forester Vanderhoffs, petition to compel arbitration in this declaratory judgment action. We reverse. The facts and- procedural history are as follows. On October 4, 2001, Vanderhoff was operating a pick-up truck within the course and scope of his employment with Respiratory and Convalescent Specialty, Inc. Vanderhoff pulled up to an intersection controlled by traffic lights, waiting to make a left-hand turn. When the left-turn arrow turned green "he was proceeding forward, [when he] took his eyes off for a second and looked back and saw the vehicle was stopped in front of him." Trial court's findings of fact, 11/17/04, at 1 2. Vanderhoff went on to testify that he saw a "white car coming [from] the Oxford Street http://www.palawlibrary.com/cgi-binlretrieve.cgilfile_134681 ?mode=disp&hlt=0&text=va... 3/27/2007 <b style="background-color: #ffff66"><f6nt color="black">Vanderhoff</font></b> v. H... Page 2 of 15 intersection and crossing towards the intersection." Id. Vanderhoff then saw the car in front of him, which belonged to Ryan Piontkowski, apply its brakes. Vanderhoff rear-ended Piontkowski's vehicle. Piontkowski, however, testified that he did not see any other vehicle passing in front of him prior to the collision. The police were called to the scene, and Officer Andrew Kratz drafted a police report. The report contained no mention of a phantom vehicle pulling in front of Piontkowski. In a letter dated September 13, 2002, counsel for Vanderhoff wrote to Officer Kratz requesting that he amend his police report from the accident to include the presence of a phantom vehicle. Officer Kratz took no action with regard to this request. By letter dated June 14, 2002, Vanderhoff filed a claim for uninsured motorist benefits with Harleysville, which insured Vanderhoff s employer. Harleysville disputed that the claim was subject to arbitration and instituted a declaratory judgment action on September 13, 2003, to which Vanderhoff filed preliminary objections.I I I On September 15, 2003, Vanderhoff filed a Petition for the Appointment of a Neutral Arbitrator. In response, Harleysville filed an Answer and Counterclaim seeking declaratory and injunctive relief. On May 20, 2004, the trial court held a hearing on the declaratory judgment action to determine whether or not an uninsured motor vehicle as defined in the policy and under the Pennsylvania Motor Vehicle Financial. Responsibility Law (MVFRL) was involved in the accident and whether Vanderhoff satisfied the notification requirements of the MVFRL with respect to his claim for uninsured motorist benefits. [2] Following the hearing and the submission of findings of fact and conclusions of law by the parties, the trial court determined that a phantom vehicle did exist and that Vanderhoff complied with the notice requirements of the MVFRL as set forth in 75 Pa.C.SA § 1702.[3°1 This timely appeal follows. http://www.palawlibrary.com/cgi-bin/retrieve.cgi/file_I 34681 ?mode=disp&hlt=0&text=va... 3/27/2007 <b style="background-color: #ffff66"><f6nt color="black">Vanderhoff</font></b> v. H... Page 3 of 15 Harleysvilie presents the following two issues for our review: 1. Did the Trial Court abuse its discretion in finding the existence of a phantom vehicle where the substantial evidence submitted did not support such a finding? 2. Did the Trial Court err as a matter of law in finding that Forester Vanderhoff, satisfied the *as soon as practicable" requirements of the Pennsylvania Motor Vehicle Financial Responsibility Law, by reporting the alleged existence of a phantom vehicle: (a) to the police 11 months after the accident; and (b) to the insurer 8 months after the accident? Harleysville's brief, at 4. Our standard of review in a declaratory judgment action is well-settled. An appellate court is limited to determining whether the trial court committed a clear abuse of discretion, ah error of law, or whether the verdict is supported by substantial evidence. Pressley v. Travelers Property Casualty Corp., 817 A.2d 1131, 1137 (Pa. Super. 2003). Consequently, the scope of our review is narrow. Id. Where the decision of the trial court is supported by competent evidence, we cannot substitute our judgment- Vernon Township Volunteer Fire Department v. Connor, 579 Pa. 364, 374, 855 A.2d-873, 879 (2004). Therefore, w[t]he test is not whether we would have reached the same result on the evidence presented, but whether the trial court's conclusion can reasonably be drawn from the evidence." Pressley, supra. Harleysville initially contends that the trial court abused its discretion by determining that a phantom vehicle did exist, as this conclusion is not supported by substantial evidence. Harleysville argues that the trial court failed to consider the testimony of Piontkowski, who testified that there was no phantom vehicle. NX, 5/20/04, at 10. Piontkowski testified that he was in the left-hand turning lane, and the green arrow had just turned to green. Id, at 8-9. He went on to testify that when he stopped to allow oncoming traffic to proceed, his vehicle was hit from behind. Id. at 9. Piontkowski further stated that the intersection was very busy at the time of the accident. Id. at 15. Harleysville also contends that the trial court failed to give the testimony of Officer Kratz significant weight. Officer Kratz testified that neither party to the accident mentioned a http://www.palawlibrary.com/cgi-binlretrieve.cgilfile_134681 ?mode=disp&hlt=0&text=va... 3/27/2007 <b style="background-color: #ffff66"><font color="black">Vanderhoff</font></b> v. H... Page 4 of 15 phantom vehicle at the time of the accident. Id. at 22-23. He went on to testify that parties to a collision will sometimes leave out details due to their excitement from the accident. Id. at 25. It is also common for the parties to an accident to have different versions of what occurred. Id. at 29-30. Harleysville further asserts that the trial court failed to give proper weight to the worker's compensation application completed by Vanderhoff. Harleysville argues that the trial court should have considered the fact that Vanderhoff neglected to mention a phantom vehicle in the application, which was completed only 20 days following the accident. However, Vanderhoff testified that he spoke with Harleysville several times and that Harleysville had indicated to him that they were investigating the incident. Id. at 55. Vanderhoff provided in the application that he was reporting the same information that he told the police. Id. at 66. He also testified that he thought the phantom vehicle was included in the police report. Id. at 57-58. Therefore, he assumed that Harleysville was aware of all of the facts pertaining to the incident. Id. at 57. After hearing all of the testimony, the trial judge, acting as the factfrnder, made a determination based upon the demeanor and testimony of the witnesses that Vanderhoffs testimony was more credible. The court determined that a phantom vehicle did exist, and we cannot disturb credibility determinations on appeal. See Hart v. Arnold, 884 A.2d 316, 331 (Pa. Super. 2005) (stating that *the court's findings are especially binding on appeal, where they are based upon the credibility of the witnesses.") Since the trial court's conclusion in this regard can reasonably be drawn from competent evidence, this claim must fail. Harleysville's second issue is that the trial court erred when it concluded that Vanderhoff satisfied the reporting requirements of § 1702. Section 1702 of the MVFRL, in http://www.palawlibrary.comlcgi-binlretrieve.cgilfile_134681 ?mode=disp&hlt=0&text=va... 3/27/2007 <b style="background-color: #ffff66"><f6nt color="black">Vanderhoff</font></b> v. H... Page 5 of 15 relevant part, defines an uninsured motor vehicle as follows: (3) An unidentified motor vehicle that causes an accident resulting in injury provided the accident is reported to the police or proper governmental authority and the claimant notifies his insurer within 30 days, or as soon as practicable thereafter, that the claimant or his legal representative has a legal action arising out of the accident. 75 Pa.C.S,A. § 1702. The notice requirement of § 1702 is necessary to minimize fraudulent claims "and the attempted recovery of benefits in cases where accidents were alleged to have been caused by "phantom' vehicles." State Farm Mutual Automobile Ins, Co. v. Foster, Pa. , 889 A.2d 78, _ (2005)(quoting Jackson v. Pennsylvania Financial Responsibility Assigned Claims Plan, 575 A.2d 626, 628 n.2 (Pa. Super. 1990)). With regard to the police reporting requirement, the trial judge found Vanderhoff s testimony that he was unaware that the phantom vehicle was not included in the police report to be credible. Vanderhoff went on to testify that only upon receiving a copy of the report did he discover that the phantom vehicle was not mentioned, N.T., 5/20/04, at 57-58. At this time, he immediately attempted to have the police report amended to include the existence of the phantom vehicle. Id. The trial court found that since Vanderhoff reported the presence of the phantom vehicle as soon as he learned that the Information was not included in the police report, the police reporting requirement of § 1702 was satisfied. Since there is evidence of record (albeit self-serving- in nature) that Vanderhoff reported the involvement of a phantom vehicle to the responding police officer and the trial court chose to believe this testimony, we cannot substitute our own judgment on this question of fact. Accordingly, Harleysville is not entitled to relief on this basis. Harleysville also contends that Vanderhoff failed to provide timely notice that he had a http://www.palawlibrary.com/cgi-bin/retrieve.cgi/file_ 134681 ?mode=disp&hlt=0&text=va... 3/27/2007 <b style="background-color: #ffff66"><f6nt color="black">Vanderhoff</font></b> v. H... Page 6 of 15 legal action for uninsured motorist benefits due to the involvement of a phantom vehicle in the accident, on this issue, Harleysville called an employee in their uninsured claims department, Julie Whaley, who testified that they were not notified regarding the existence of a phantom vehicle until they received a letter from Vanderhoffs attorney dated June 14, 2002 asserting an uninsured motorist claim.¶ Id. at 42. The trial court discounted this evidence and instead found Vanderhoff s testimony that he verbally "'notified his employer as well as Harleysville Insurance of the facts surrounding the collision, including the phantom vehicle" as soon as practicable to be credible. Trial court's conclusions of law, 11/17/04, at ¶2 and 4. We find that the record does not support this conclusion. It is undisputed that there was no mention of a phantom vehicle by either party in the police report nor by Vanderhoff when he explained what occurred to Northeastern Medical Center Immediately following the accident. NX, 5/20/04, at 67-68. Vanderhoff also failed .to include the involvement of another vehicle within his statement on the worker's compensation application completed only 20 days following the accident. Nowhere in the record is there -any written evidence of a phantom vehicle being involved in the collision until the independent medical examination conducted at the request of Harleysville on February 21, 2002. Further, contrary to the trial court's conclusion, nowhere in the record does Vanderhoff testify that he verbally notified Harieysville of the phantom vehicle. Rather, he simply asserts that he thought Harieysville was aware of the facts of his case. Id. at 57. Merely assuming that Harleysville knew of the phantom vehicle is not enough. Without more, we cannot agree with the decision of the trial court. Section 1702 clearly requires the claimant to notify his insurer within 30 days or as soon as practicable that he has "a legal action arising out of the accident." His legal action in this instance was a claim for uninsured motorist benefits, and, as of the date of the accident, he knew of the so-called phantom vehicle. The accident occurred on October 14, 2001 http://www.palawlibrary.com/cgi-binlretrieve.cgi/file_134681 ?mode=disp&hlt=0&text=va... 3/27/2007 <b style="background-color: #ffff66"><font color="black">Vanderhoff</font></b> v. H... Page 7 of 15 and the earliest evidence of record that Vanderhoff notified Harleysville of the involvement of an unidentified vehicle was five months after the accident during his independent medical examination of February 21, 2002. This clearly was not within 30 days and cannot be said to have been as soon as practicable. Thus, the trial court erred in relying upon Vanderhoffs bald assertion that he thought Harleysville was aware of the presence of a phantom vehicle. Accordingly, we find the trial court's conclusion in this regard cannot be reasonably drawn from the evidence. Lastly, we note that Vanderhoff has presented the counter argument that if in fact Vanderhoff did breach the notice requirement, Harleysville still is not entitled to relief because it has not claimed to have suffered any prejudice. Vanderhoff relies upon our Supreme Court's decision in Brakeman v. Potomic Ins. Co., ATI Pa. 66, 371 A.2d 193 (1977) to support his position. However, in a very recent decision by our Supreme Court, the Court stated that *Brakeman's prejudice requirement is inapplicable to the notice provision of § 1702." State Farm, supra. Therefore, Harleysville does not need to show prejudice to succeed on a claim that Vanderhoff breached the notice requirement. Order reversed, Jurisdiction relinquished. Judgment Entered: March 1, 2006 VERIFICATION ANDREW J. SPAULDING, ESQUIRE verifies that he is the attorney for Plaintiff and the facts set forth in Plaintiff's Answer to Defendants' Preliminary Objections are true and correct to the best of his knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. POST & SCHELL, P.C. ?A ANDREW J. S 1 I IN QUIRE POST & SCHELL, P.C. BY: ANDREW J. SPAULDING I.D. #: 88096 13TH FLOOR FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 Granite State Insurance Company Delores Robert Williams Plaintiff, V. Robichaw Defendants. ATTORNEYS FOR PLAINTIFF Granite State Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-502 Civil Term CERTIFICATE OF SERVICE I, Andrew J. Spaulding, hereby certify that a true and correct copy of the within Plaintiff's Answer to Defendants' Preliminary Objections and Memorandum of Law was served upon the following counsel, via first class mail, on March 27, 2007, postage-prepaid: Churchill H. Huston Kane & Silverman The Philadelphian Suite 1-C-44 2401 Pennsylvania Avenue Phila., PA 19130 Respectfully submitted, ? fit, Andrew J. Spaulding, Esq. Attorney for Plaintiff, Granite State Insurance Company r? ? -? ?=-' -n { _ ?:; w. .C:?... r?i' ?' _ ..Tl. Cf7 ?: ? _- ?? 4 sft ? y+ .?An , _ ?? ? CaJ ?; ?? +y ?? ^?. C37 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY: Granite State Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. Delores Robichaw and Robert Williams Defendants. NO: 07-502 Civil Term 1. State Matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiffs Declaratory Judgment Complaint 2. Identify counsel who will argue cases: (a) For Plaintiff: Andrew J. Spaulding, Esquire, Post & Schell, P.C., 4 Penn Center, 1600 John F. Kennedy Blvd., 13`h Floor, Philadelphia, PA 19103 (b) For Defendants: Churchill Huston, Kane & Silverman, P.C., The Philadelphian, Suite 1-C-44, 2401 Pennsylvania Ave., Philadelphia, PA 19130 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Andrew J. Spaulding Print Your Name Plaintiff Date: April 4, 2007 Attorney For ?"'? ? ?.? C ?? ?.., -?z ' ?+ ?+ ? 1. : ? (?.! . py?yy+???? l.' -? (?5 ??ii ..'i r+. ?y ?`w .,l?f ^4 Granite State Insurance Company : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Delores Robichaw and Robert Williams NO. 07-502 CIVIL TERM ORDER OF COURT AND NOW, May 16, 2007, by agreement of counsel, the above-captioned matter is continued from the May 16, 2007 Argument Court list. Counsel is directed to relist the case when ready. /Andrew J. Spaulding, Esquire _ ON'o-ailed- For the Plaintiff 07 yql Churchill H. Huston, Esquire_ t. 't'ie For the Defendant -&.-Ss 5-_„_ 6y ?q( dc4 By the, Ccurt, Edgar B. Bayley, J. ./Court Administrator kam i'D k ? to All 0s .? ! J 9 ! rk 114 L 6 0 z A ,C?1 1 w?< Ml?j ?n + CIS POST & SCHELL, P.C. BY: ANDREW J. SPAULDING I.D. #: 88096 13TH FLOOR FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 Granite State Insurance Company Plaintiff, V. Delores Robichaw and Robert Williams Defendants. ATTORNEYS FOR PLAINTIFF Granite State Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-502 ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter Settled, Discontinued and Ended upon payment of costs only. POST & HELL, F.C. ANDREW J. SPA DING, ESQUIRE Attorneys for Plaintiff, Granite State Insurance Company -?, -n ?., ?i ? , ; C n? -rt za [ ?.- cao ? - ? ?. -? ; ? ?_ ?- Q . ? , . ,-? ca ? --< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00502 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRANITE STATE INSURANCE COMPAN VS ROBICHAW DELORES ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT ROBICHAW DELORES but was unable to locate Her deputized the sheriff of LYCOMING to wit: in his bailiwick. He therefore serve the within DECLARATORY JUDGMENT On October 17th , 2007 , this office was in receipt of the attached return from LYCOMING Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lycoming Co 21.50 Postage 2.80 County, Pennsylvania, to 61.30 10/17/2007 POST & SCHELL Sworn and subscribe to before me this day of So answg ?-? Thomas Kline Sheriff of Cumberland County to??yl07 A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00502 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRANITE STATE INSURANCE COMPAN VS ROBICHAW DELORES ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA serve the within DECLARATORY JUDGMENT On October 17th , 2007 , this office was in receipt o the attached return from PHILADELPHIA Sheriff's Costs: So ans -" Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Philadelphia 116.00 Sheriff of Cumberland County .00 ? ( /c/a v?o7 141.00 10/17/2007 POST & SCHELL Sworn and subscribe to before me this day of A. D. County, Pennsylvania, to In The Court of Common Pleas of Cumberland County, ]Pennsylvania Granite State Insurance Company VS. Delores Robichaw et al SERVE: Delores Robichaw No. 07-502 civil Now, January 25, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lycaning deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of Service Now, FEBRUARY 9, , 2007 , at 10 16 o'clock 'A. M. served the within. COMPLAINT IN DECLARATORY JUDGMENT upon DELORES ROBICHAW at TIMBERLAND APTS., 700 WEST EDWIN STREET, WILLIAMSPORT, PA., by handing to HER PERSONALLY a TRUE AND ATTESTED. Copy of the original COMPLAINT and made known to HER the contents thereof. SO answers, of ALYC0XPN9 f Comity, PA Sworn and subscribed before me this 7th day of <K. RCH, ., 20 07 A n BY :;C COST Jason Sparks, Deputy SERVICE $ 18.00 MILEAGE 1.00 AFFIDAVIT 2.50 WILT.A i B 21.50 PAID 2/27/07 _, County MY COO .',-es ]an. 4, 2008