The URL can be used to link to this page

Home My WebLink About08-4552Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com BENJAMIN J. RITTER, by and through: IN THE COURT OF COMMON PLEAS his natural parent and legal guardian, : CUMBERLAND COUNTY, PENNSYLVANIA CANDI YINGER, Plaintiffs : NO. 2008 -?1SSz CIVIL TERM V. HEATHER L. WOLF, CIVIL ACTION -LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mks adelante en las siguientes p6ginas, debe tomar accibn dentro de los prbximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDLER, HENNI & ROSENBERG, LLP By: Matthew S. sby, Esq. I. D.# 69367 1300 Linglestown Road, Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com BENJAMIN J. RITTER, by and through: his natural parent and legal guardian, CANDI YINGER, . Plaintiffs V. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - ' s`t -2' CIVIL TERM HEATHER L. WOLF, CIVIL ACTION -LAW Defendant COMPLAINT AND NOW, come the Plaintiffs, Candi Yinger, natural parent and legal guardian of Benjamin J. Ritter, an incapacitated person, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and make this Complaint against the Defendant, Heather L. Wolf, and aver as follows: 1. Plaintiff, Benjamin J. Ritterwas born on September 13, 1986 and, therefore, is 21 years old. He became incapacitated on August 5, 2006, as a result of injuries sustained in a motorcycle crash and was adjudicated as such by Order of this Honorable Court on November 28, 2006. 2. Plaintiff, Candi Yinger, an adult individual, is the plenary guardian of the person and Estate of her son, Benjamin J. Ritter, and was appointed as such by Order of this Honorable Court on November 28, 2006. She currently resides at 1328 Pine Road, Carlisle, Cumberland County, PA 17023 3. Larry Ritter is Benjamin J. Ritter's natural father and he currently resides at 460 Cranes Gap Road, Carlisle, PA 17013. 4. Defendant, Heather L. Wolf, is an adult individual who currently resides at 33 Kutz Road, Carlisle, PA 17013. 5. At all times material hereto, Plaintiff, Benjamin J. Ritter, was the operator of a 2001 Suzuki GSX-R 750 motorcycle owned by his mother, Plaintiff, Candi Yinger, and bearing Pennsylvania registration number SVH78. 6. At all times material hereto, Defendant Heather L. Wolf, was the owner and operator of a 1997 Honda Civic LX, bearing Pennsylvania registration number ESW 5984. 7. On or about August 5, 2006, at approximately 10:40 a.m., Benjamin J. Ritter was operating said Suzuki motorcycle, traveling northbound on Route 34, Carlisle Road in Dickinson Township, Cumberland County, Pennsylvania. 8. At approximately that same time and place, Defendant, Heather L. Wolf, was traveling southbound on Route 34, Carlisle Road approaching the intersection with Myerstown Road in Dickinson Township, Cumberland County, Pennsylvania. 9. At approximately that same time and place, Defendant, Heather L. Wolf, suddenly, and without any warning, attempted to make a left turn onto Myerstown Road, and, in so doing, pulled directly into the path of Plaintiff's motorcycle, causing a violent collision. 2 10. Benjamin J. Ritter was transported via Life Lion from the scene of the collision to Penn State Hershey Medical Center where he underwent multiple emergency surgical procedures and was admitted for further care. 11. On or about December 18, 2006, Benjamin Ritter was transferred to Conestoga View Nursing Home in Lancaster, Pennsylvania, where he remains today. 12. Benjamin J. Ritter is currently in a vegetative state, unable to speak and completely dependant on others to take care of him. His prognosis is poor and he has shown no signs of coming out of his vegetative state. 13. As a direct and proximate result of Defendant's negligence, Benjamin J. Ritter, suffered catastrophic injuries including, but not limited to, severe head/brain trauma, brain-stem injury, subdural hemorrhage, subarachnoid hemorrhage, intraventricular hemorrhage, multiple lacerations, loss of use of the left eye, and bilateral foot and ankle injuries. COUNT I - NEGLIGENCE Benjamin J. Ritter v. Heather L. Wolf 14. Plaintiff, Benjamin J. Ritter, by and through his natural parent and legal guardian, Candi Yinger, herein incorporates paragraphs 1 through 13 of this Complaint as if set forth fully below. 15. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Benjamin J. Ritter, are the direct and proximate result of the negligence and carelessness of the Defendant, Heather L. Wolf, generally, and more specifically, as set forth below: 3 (a) In failing to be reasonably vigilant to observe the roadway and Plaintiff's motorcycle; (b) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before colliding with Plaintiffs motorcycle; (c) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's motorcycle; (d) In failing to maintain proper and adequate observation of the existing traffic conditions; (e) In failing to keep a proper lookout for vehicles lawfully traveling northbound on Route 34; (f) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa.C.S.A. §3714; (g) In failing to yield the right-of-way to Plaintiff's motorcycle, in violation of 75 Pa.C.S.A. §3324; (h) In failing to properly and timely activate her turn signal prior to attempting her left turn onto Myerstown Road; (i) In operating a motor vehicle inattentively; Q) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; 4 (k) In driving her vehicle onto a State roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 16. As a direct and proximate result of the negligence of the Defendant, Heather L. Wolf, the Plaintiff, Benjamin J. Ritter, has suffered extensive and serious personal injuries, including, but not limited to, severe head/brain trauma, brain-stem injury, subdural hemorrhage, subarachnoid hemorrhage, intraventricular hemorrhage, multiple lacerations, loss of use of the left eye, and bilateral foot and ankle injuries. 17. As a direct and proximate result of the negligence of Defendant, Heather L. Wolf, the Plaintiff, Benjamin J. Ritter, has suffered lost wages/income and will in the future continue to suffer a loss of income and a significant loss of earning capacity. 18. As a direct and proximate result of the negligence of Defendant, Heather L. Wolf, the Plaintiff, Benjamin J. Ritter, has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for the remainder of his lifetime, to his great physical, emotional, and financial detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, Heather L. Wolf, the Plaintiff, Benjamin J. Ritter, has been compelled, in order to effect treatment for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 20. As a direct and proximate result of the negligence of Defendant, Heather L. Wolf, the Plaintiff, Benjamin J. Ritter, has suffered a loss of life's pleasures, and he will 5 continue to suffer the same for the remainder of his lifetime, to his great detriment and loss. 21. As a direct and proximate result of the negligence of Defendant, Heather L. Wolf, the Plaintiff, Benjamin J. Ritter, has been, and will in the future be, unable to attend to his daily duties and very basic activities of daily living, including the ability to speak, to bathe and to walk, to his great detriment, loss, humiliation, and embarrassment. 22. As a direct and proximate result of the negligence of the Defendant, Heather L. Wolf, Plaintiff, Benjamin J. Ritter, has suffered catastrophic personal injuries, which will ultimately shorten his lifespan. 23. Plaintiff, Benjamin J. Ritter, by and through his natural parent and legal guardian, Candi Yinger, believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Benjamin J. Ritter, seeks damages from the Defendant, Heather L. Wolf, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully Submitted, & ROSENBERG, LLP Date: Z? By. Matthew S. Crosby, Esq. ID #69367 Attorneys for Plaintiffs 6 VERIFICATION PURSUANT TO Pa R.C.P. No. 1024(c) MATTHEW S. CROSBY, ESQ. states that he is the attorney for the parly(ies) filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. MATTHE CROSBY, ESQ. DATE: C? cara R /_ V Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant BENJAMIN J. RITTER, by and through IN THE COURT OF COMMON PLEAS OF his natural parent and legal guardian, CUMBERLAND COUNTY, PENNSYLVANIA CANDI YINGER, Plaintiffs CIVIL ACTION - LAW y 5,5 X V. NO. 2008-4W Civil Term HEATHER L. WOLF, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of Defendant Heather L. Wolf in the above-captioned matter. JOHNSQN, DUFFIE, STEWART & WEIDNER Date: August 5, 2008 340386 ffet4bn J. Shipman, Esqu Pffiorney I.D. No. 51785 01 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 5, 2008: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER ns 77 c C?n Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com Attorneys for Plaintiffs BENJAMIN J. RITTER, by and through: IN THE COURT OF COMMON PLEAS his natural parent and legal guardian, : CUMBERLAND COUNTY, PENNSYLVANIA CANDI YINGER, Plaintiffs NO. 2008 -4552- CIVIL TERM V. HEATHER L. WOLF, CIVIL ACTION -LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please substitute the attached Verification for the attorney's Verification in the recently filed (July 29, 2008) Civil Complaint in this matter. Thank you. HANDLER, NIN ROSENBERG, LLP By Matthew S. Crosby, Esq. DATE. ` Attorney I.D. #69367 Attorneys for Plaintiffs VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not of my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d), relating to unsworn falsification to authorities. DATE: CJ CANDI YING , n ral parent and legal guardian of BENJAMIN RITTER C' ? +v p 7 co , -r1 ?T \ _y C . rC (n ..,` cn t cn ` Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisO-idsw.com BENJAMIN J. RITTER, by and through IN THE COURT OF COMMON PLEAS OF his natural parent and legal guardian, CUMBERLAND COUNTY, PENNSYLVANIA CANDI YINGER, Plaintiffs CIVIL ACTION - LAW V. NO. 2008-4552 Civil Term HEATHER L. WOLF, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Candi Yinger and Benjamin J. Ritter c/o Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. , DUFFIE, STEWART & WEIDNER Date: August 19, 2008 fferWon J. Shipman, EstIuire ttorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 7614540 E-mail: jjs@jdsw.com Attorneys for Defendant BENJAMIN J. RITTER, by and through IN THE COURT OF COMMON PLEAS OF his natural parent and legal guardian, CUMBERLAND COUNTY, PENNSYLVANIA CANDI YINGER, : Plaintiffs CIVIL ACTION - LAW V. NO. 2008-4552 Civil Term HEATHER L. WOLF, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Heather L. Wolf, by and through his counsel, Jefferson J. Shipman, Esquire and Johnson, Duffle, Stewart & Weidner, and file the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted in part; denied in part. It is admitted that the Plaintiff, Benjamin J. Ritter was born on September 13, 1986, and is 21 years of age. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 1 and the same are therefore denied. 2. Admitted upon information and belief. 3. Admitted upon information and belief. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part; denied in part. It is admitted only that Mrs. Wolf was attempting to make a left turn onto Myerstown Road. The remaining averments of paragraph number 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 10 and the same are therefore denied. 11. Denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 11 and the same are therefore denied. 2 12. Denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 12 and the same are therefore denied. 13. Denied. The averments contained in paragraph number 13 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in paragraph 13. COUNT I - NEGLIGENCE Benjamin J. Ritter v. Heather L. Wolf 14. Mrs. Wolf incorporates herein by reference her answers to paragraphs 1 through 13 above as though fully set forth herein by length. 15. Denied. The averments contained in paragraph number 15 and subparagraphs (a) through (k) are conclusions of law and fact to which no response is required. If a response is deemed to be required, they are specifically denied. (a) Denied. It is specifically denied that Mrs. Wolf failed to be reasonably vigilant to observe the roadway and Plaintiff's motorcycle; (b) Denied. It is specifically denied that Mrs. Wolf failed to operate her vehicle in such a manner that would allow her apply the brakes and stop before colliding with Plaintiff's motorcycle; (c) Denied. It is specifically denied that Mrs. Wolf failed to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiffs motorcycle; 3 (d) Denied. It is specifically denied that Mrs. Wolf failed to maintain a proper and adequate observation of the existing traffic conditions; (e) Denied. It is specifically denied that Mrs. Wolf failed to keep a proper lookout for vehicles lawfully traveling northbound on Route 34; (f) Denied. It is specifically denied that Mrs. Wolf failed to exercise reasonable care in the operation of her vehicle, allegedly in violation of 75 Pa.C.S.A. § 3714; (g) Denied. It is specifically denied that Mrs. Wolf failed to yield the right-of- way to Plaintiffs motorcycle, allegedly in violation of 75 Pa.C.S.A.§ 3324; (h) Denied. It is specifically denied that Mrs. Wolf failed to properly and timely activate her turn signal prior to attempting her left turn onto Myerstown Road; (i) Denied. It is specifically denied that Mrs. Wolf operated her motor vehicle inattentively; (j) This subparagraph has been stricken from Plaintiffs' Complaint per Stipulation of Counsel; and (k) This subparagraph has been stricken from Plaintiffs' Complaint per Stipulation of Counsel. 16. Denied. The averments contained in paragraph number 16 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 16 relating to Plaintiffs alleged injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 4 17. Denied. The averments contained in paragraph number 17 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 17 relating to Plaintiff's lost wages/income and the same are therefore denied, and strict proof is demanded at the time of trial. 18. Denied. The averments contained in paragraph number 18 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 18 relating to Plaintiffs alleged great physical pain, discomfort, and mental anguish and the same are therefore denied, and strict proof is demanded at the time of trial. 19. Denied. The averments contained in paragraph number 19 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 19 relating to Plaintiffs alleged expenditure of large sums of money for medicine and/or medical 5 attention since the accident and in the future and the same are therefore denied, and strict proof is demanded at the time of trial. 20. Denied. The averments contained in paragraph number 20 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 20 relating to Plaintiff's alleged loss of life's pleasures and the same are therefore denied, and strict proof is demanded at the time of trial. 21. Denied. The averments contained in paragraph number 21 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 21 relating to Plaintiffs alleged injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 22. Denied. The averments contained in paragraph number 22 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to 6 form a belief as to the truth of the remaining averments of paragraph number 22 relating to Plaintiffs' alleged catastrophic personal injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 23. Denied. The averments contained in paragraph number 23 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Wolf is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 23 relating to Plaintiffs' alleged permanent injuries and the same are therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Heather L. Wolf, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of further answer and reply, Mrs. Wolf interposes the following new matter defenses: 24. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 25. That the Plaintiffs' comparative negligence included the following: (a) racing a motorcycle in excess of the posted speed limit in violation of 75 Pa.C.S.A. § 3361; 7 (b) operating a motorcycle too fast for conditions in violation of 75 Pa.C.S.A. § 3361; (c) operating a motorcycle at a speed greater than would permit him to bring his vehicle to a stop within the assured clear distance ahead; (d) operating a motorcycle at an excessive rate of speed when approaching a hill crest and intersection; (e) operating a motorcycle in careless disregard for the rights and safety of others upon the roadway in violation of the Vehicle Code of the Commonwealth of Pennsylvania, specifically 75 Pa.C.S.A. §3714; (f) failing to take appropriate and evasive action to avoid the accident ; (g) failing to follow proper motorcycle accident avoidance procedures; and (h) failing to be attentive to the traffic conditions. 26. That the Plaintiffs' comparative negligence was a substantial factor and/or factual cause of the happening of the accident. 27. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 28. That the Plaintiffs' alleged cause of action may have been caused by third parties or entities not presently involved in this action. 29. That Plaintiffs' alleged cause of action may be barred in whole or in part by a superseding, intervening cause. 30. That if it should be found that there was any negligence on the part of the answering Defendant, Mrs. Wolf, then in that event any such negligence was not a substantial factor nor factual cause of the alleged harm. 8 WHEREFORE, Defendant Heather L. Wolf respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER J eison J. Shipman, Esqu A orney I.D. No. 51785 3 1 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: August 19, 2008 340456 9 VERIFICATION I, Heather L. Wolf, have read the foregoing Answer and New Matter, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Heather L. Wolf Date: LR,LO 8- 340488 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 19, 2008: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER y Y rn . Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER, Plaintiffs V. HEATHER L. WOLF, Defendant CIVIL ACTION - LAW NO. 2008-4552 Civil Term JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOlAftor DUFFIE, STEWART WEIDNEJZ Cit?t„! By n J. Shipman, Esquire n a !!!:? s I.D. #:51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE : Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Je s an, squire Attorn s I.D. #: K 785 301 M rket Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjidsw.com Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER, Plaintiffs V. HEATHER L. WOLF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-4552 Civil Term JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Matthew S. Crosby, Esquire Handier, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendant intends to serve one (1) subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. JOqAttor UFFIE, STEWART WE IDNER By .Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE Attorneys for Defendant oc" a CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid certified, in Lemoyne, Pennsylvania, on / 0 Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff JOH1Z=2Z;:LU4_0P By Jeffer n J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: its ?jdsw.com Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Benjamin J.Ritter, by and through his natural parent and legal guardian, Candi Yinger, File No. 08-4552 Plaintiffs : vs. Heather L. Wolf, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY. PURSUANT TO RULE 4009.22 TO: Commissioner Jeffrey B Miller Custodian of Records Pennsylvania State Police Department (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all photographs, reports, videotapes regarding incident No H02 1591 863• Accident Date August 6, 2006 at Johnson Duffle Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed. above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COUNT: I? othonota , iv Division DATE: B&IGS Seal f th Court Deputy (Eff. 7/97) ... ;?', am ? C " i i~ ? ?? } ?., F cc?? ?. ? c .a ^--1 . ,?, ...? Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com BENJAMIN J. RITTER, by and through: IN THE COURT OF COMMON PLEAS his natural parent and legal guardian, : CUMBERLAND COUNTY, PENNSYLVANIA CANDI YINGER, Plaintiffs NO. 2008 -4552- CIVIL TERM V. HEATHER L. WOLF, CIVIL ACTION -LAW Defendant PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, come the Plaintiffs, Benjamin J. Ritter, by and through his natural parent and legal guardian, Candi Yinger, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and reply to Defendant's New Matter as follows: -1- 24. Denied. The allegations in Paragraph 24 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 25. Denied. The allegations in Paragraph 25 (a) - (h) are conclusions of law and fact to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied, as follows: (a) Denied. It is specifically denied that Benjamin Ritter was racing a motorcycle in excess of the posted speed limit, in violation of 75 Pa. C.S.A.§3361; (b) Denied. It is specifically denied that Benjamin Ritter was operating a motorcycle too fast for conditions, in violation of 75 Pa. C.S.A. §3361; (c) Denied. It is specifically denied that Benjamin Ritter was operating a motorcycle at a speed greater than would permit him to bring his vehicle to a stop within the assured clear distance ahead; (d) Denied. It is specifically denied that Benjamin Ritter was operating a motorcycle at an excessive rate of speed when approaching a hill crest and intersection; (e) Denied. It is specifically denied that Benjamin Ritter was operating a motorcycle in careless disregard for the rights and safety of others upon the roadway, in violation of the Vehicle Code of the Commonwealth of Pennsylvania and, specifically, 75 Pa. C.S.A. §3714; (f) Denied. It is specifically denied that Benjamin Ritter failed to take appropriate and evasive action to avoid the accident; (g) Denied. It is specifically denied that Benjamin Ritter failed to follow proper motorcycle accident-avoidance procedures; (h) Denied. It is specifically denied that Benjamin Ritter failed to be attentive to the traffic conditions. -2- 26. Denied. The allegations in Paragraph 26 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 27. Denied. The allegations in Paragraph 27 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 28. Denied. The allegations in Paragraph 28 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 29. Denied. The allegations in Paragraph 29 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 30. Denied. The allegations in Paragraph 30 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. policy in effect at the time of this crash. WHEREFORE, Plaintiffs respectfully request that this Honorable Court deny Defendant's allegations and enter judgment in favor of the Plaintiffs. HANDLER, HFMNING &/POSENBERG, LLP By Matthew S. Crosby, Esq. Attorney I.D. #69367 DATE: -8 o 5 Zoo( Attorneys for Plaintiffs -3- BENJAMIN J. RITTER, by and through: IN THE COURT OF COMMON PLEAS his natural parent and legal guardian, : CUMBERLAND COUNTY, PENNSYLVANIA CANDI YINGER, Plaintiffs NO. 2008 -4552- CIVIL TERM V. HEATHER L. WOLF, CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendant, HEALTHER L. WOLF, by sending a copy of the same to her counsel of record, Jefferson J. Shipman, Esq., Johnson, Duffie, Stewart & Weidner, P.C. , 301 Market St., P.O. Box 109, Lemoyne, PA 17043-0109, by United States Mail, regular service, in Harrisburg, Pennsylvania on August _? 2008. HANDLER, H ING ROSENBERG, LLP By Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 DATE: Attorneys for Plaintiffs j?6 t 4? a, t'T'S fT r ?C' T f Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisCaaidsw.com BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-4552 Civil Term HEATHER L. WOLF, Defendant JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed, by and between Matthew S. Crosby, Esquire, counsel for Plaintiffs, and Jefferson J. Shipman, Esquire, counsel for Defendant, that subparagraphs 0) and (k) of paragraph number 15 are hereby stricken and deleted from Plaintiffs' Complaint. HANDL,FR? HENNING & ROSENBERG, LLP Matthew S" Crosby, Esquire Attorney I.D. No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff Date: JOHNSON, DUFFIE, STEWART & WEIDNER Jefferson J. Shipman, Esquire Attorney I.D. No. 51785 P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendants Date: b/?41o F 341844 r Z CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing STIPULATION OF COUNSEL has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 26, 2008: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSO FFIE, STEWART & IDNER By Jefferson J. Shipman, Esquire ?? ? ?..? ? , ?a ?:,? ri --? ?. • E .?, ?.. ? ? ? ?J ?'? ? s ? ?°i =. -3 t_ • _:l SHERIFF'S RETURN - REGULAR CASE NO: 2008-04552 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YINGER CANDI OBO RITTER BEN VS WOLF HEATHER L KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WOLF HEATHER L the DEFENDANT at 33 KUTZ ROAD at 1556:00 HOURS, on the 31st day of July , 2008 CARLISLE, PA 17013 HEATHER WOLF by handing to a true and attested copy of COMPLAINT & NOTICE together with INTERROGATORIES REQUEST FOR PRODUCTION OF DOCUMENTS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge q/03/6T C/- So Answers: 18.00 10.00 r .59 10.00 R. Thomas Kline .00 38.59 08/01/2008 HANDLER HENNING ROSENBERG Sworn and Subscibed to By: before me this day of A.D. Matthew S. Crosby, Esq. I.D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby(&HHRLaw.com BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER, Plaintiff V. HEATHER L. WOLF, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : NO. 2008-4552 CERTIFICATE OF SERVICE AND NOW, this '25 day of &6 , 2009, I hereby certify that I have, on this date, served the within Plaintiff s Answers to the Interrogatories of Defendant, Heather L. Wolf, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Jefferson Shipman, Esq. 301 Market St. PO Box 109 Lemoyne, PA 17043-0109 Respectfully submitted, Z HA HENNING & ROSENBERG, LLP Date: '2/2-5 By- atthew S. Cr sby, Esq. Attorney ID No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff C ?: :=? _, : - ?--r ? °?-' "_ -?` . ? ,,:, -.-, _ . ? ?" , , - ,:.n_ .. T Matthew S. Crosby, Esq. I. D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: CrosbyCatZHHRLaw.com BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER, Plaintiff V. HEATHER L. WOLF, Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION-LAW : NO. 2008-4552 CERTIFICATE OF SERVICE -R? AND NOW, this 25 day of MbfWr , 2009, I hereby certify that I have, on this date, served within, Plaintiff's Response to Defendant's Request For Production of Documents, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Jefferson Shipman, Esq. 301 Market St. PO Box 109 Lemoyne, PA 17043-0109 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By M11 ?7-77--? atthew S. Ck6sby, Esq. Attorney ID No. 69367 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 Attorneys for Plaintiff ^ r iV ,..4 r, N r , (y j r i? r ~..~ l.rtlt ~ liq~q~~ T ~ .~, i~i~ ~u i °~ ~,~~ I1: ~:0 r„~ r ~ . ~~_r~i°~, vi Johnson, Duffle, Stewart .& Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT10N -LAW NO. 2008-4552 Civil Term HEATHER L. WOLF, : Defendant JURY TRIAL DEMANDED MOTION FOR STATUS CONFERENCE AND NOW, comes Defendant Heather Wolf, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and moves to schedule a Status Conference and in support thereof avers as follows: 1. This action arises out of an accident involving a car and a motorcycle that occurred at the intersection of State Route (SR) 34, also known as Carlisle Road, and Myerstown Road in Dickinson Township, Cumberland County, Pennsylvania on August 5, 2006. 2. On August 5, 2006, the Plaintiff, Benjamin Ritter, was operating a motorcycle North on SR 34. The Defendant, Heather Wolf, was operating a car southbound on SR 34. 3. The Defendant was attempting to make alert-hand turn onto Myerstown Road when the Plaintiff struck the front end of the Defendant's car with his motorcycle. 4. As a result of the accident, the Plaintiff sustained serious injuries. 5. The Plaintiff commenced this action by filing a Complaint on July 29, 2008. 6. On August 6, 2008, Attorney Jefferson Shipman entered his appearance on behalf of the Defendant. 7. On August 20, 2008, the Defendant filed her Answer with New Matter. 8. Plaintiffs Reply to Defendant's New Matter was filed on August 26, 2008. 9. On August 27, 2008, the parties filed a Stipulation of Counsel to remove subparagraphs (j) and (k) from paragraph 15 of the Plaintiffs Complaint. 10. The pleadings were closed, and discovery commenced. 11. The Defendant intends to pursue bifurcation of this matter. 12. The Defendants desire a status conference in order to set deadlines, discuss bifurcation, and schedule a date for trial on the issue of liability. 13. Counsel for the Defendant disclosed the full text of the motion and proposed order to Plaintiffs' counsel by electronic mail on September 24, 2010 at 8:54 a.m. Plaintiffs counsel has not responded, and therefore, defense counsel presumes that the Plaintiff does not concur in this motion and proposed order. 14. No judge has ruled upon any other issue in the same or related matters. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an Order scheduling a status conference. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER B' Je erso J. Shipma ,Esquire Attorney I.D. No. 51785 Sarah E. Hoffman Attorney I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: September ~ 2010 Counsel for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October ~, 2010: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER ~~ By 1~ Mich le E. Neff :414773 S BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER, Plaintiffs v. HEATHER L. WOLF, Defendant FILc~-01= r= €~~ C~or' t ~'~~' P~ I't`:~?t'tiC~T~g~`{ 2Q I O QCT - 7 ~~-12~ S OCT 0 6 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2008-4552 Civil Term JURY TRIAL DEMANDED ORDER AND NOW, this .]~ day of , 2010, on consideration of the Defendant's Motion for Status Conference, a Status Conference is hereby scheduled for ~C,~~-{~ 02) 2010 at J~~00 .M. at the Cumberland County Courthouse in Judge's Chambers. BY THE COURT: ~,..--., ~,,.. - J. Distribution: V • Jefferson J. Shipman, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 1.7043-0109; Tel. (717) 761-4540; Fax (717) 761- 3015; jjs@jdsw.com. ~ Matthew S. Crosby, Esquire; Handler, Henning & Rosenberg, LLP; 1300 Linglestown Road, Harrisburg, PA 17110; Tel. (717) 238-2000; Fax (717) 233-3029, Crosby@hhrlaw.com. Co p; e5 -~.a, ~,ea( 10 h ~10 ~~ 'F11.ED-13FFICE OF THE PROTHONOTARY 2010 mov 15 Pm 2: 23 CU'FENHSYLOVANIATY Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: bs@jdsw.com Attorneys for Defendant BENJAMIN J. RITTER, by and through IN THE COURT OF COMMON PLEAS OF his natural parent and legal guardian, CUMBERLAND COUNTY, PENNSYLVANIA CANDI YINGER, Plaintiffs CIVIL ACTION - LAW V. NO. 2008-4552 Civil Term HEATHER L. WOLF, Defendant JURY TRIAL DEMANDED MOTION FOR BIFURCATION PURSUANT TO PA. R.C.P. 213(b) AND NOW, comes Defendant Heather Wolf, by and through her attorneys, and files this Motion for Bifurcation and'in support thereof avers as follows: 1. This action arises out of an accident involving a car and a motorcycle that occurred at the intersection of State Route (SR) 34, also known as Carlisle Road, and Myerstown Road in Dickinson Township, Cumberland County, Pennsylvania on August 5, 2006. 2. On August 5, 2006, the Plaintiff, Benjamin Ritter, was operating a motorcycle North on SR 34. The Defendant, Heather Wolf, was operating a car southbound on SR 34. A 3. The Defendant was attempting to make a left-hand turn onto Myerstown Road when the Plaintiff struck the front end of the Defendant's car with his motorcycle. 4. As a result of the accident, the Plaintiff sustained serious injuries. 5. The Plaintiff claims he suffered: "severe head/brain trauma, brain-stem injury, subdural hemorrhage, subarachnoid hemorrhage, intraventricular hemorrhage, multiple lacerations, loss of use of the left eye, and bilateral foot and ankle injuries." (Pl.'s Comp. 3). 6. The Plaintiffs complaint further states that the Plaintiff is "in a vegetative state, unable to speak and completely dependent on others to take care of him. His prognosis is poor and he has shown no signs of coming out of his vegetative state." (Pl.'s Comp. 3). 7. Pennsylvania Rule of Civil Procedure 213 (b) provides, The court, in furtherance of convenience or to avoid prejudice, may, on its own motion or on motion of any party, order a separate trial of any cause of action, claim, or counterclaim, set-off, or cross-suit, or of any separate issue, or of any number of causes of action, claims, counterclaims, set-offs, cross-suits, or issues. 8. According to Pennsylvania case law, bifurcation should be carefully and cautiously applied and be utilized only in a case and at a juncture where informed judgment impels the court to conclude that application of the rule will manifestly promote convenience and/or actually avoid prejudice. Piecemeal litigation is not to be encouraged. Particularly is this so in the field of personal injury litigation, where the issues of liability and damages are generally interwoven and the evidence bearing upon the respective issues is commingled and overlapping. Stevenson v. General Motors Corp. 513 Pa. 411, 422-423, 521 A.2d 413, 419 (Pa. 1987). 9. In addition, Pennsylvania case law states that A Before ordering the separate adjudication of issues, the court should carefully consider the issues raised and the evidence to be presented to determine whether the issues, here liability and damages, are interwoven. Bifurcation is discouraged in those cases in which evidence relevant to both issues would be excluded in one portion of the trial and would result in prejudice to the objecting party. However, bifurcation is strongly encouraged and represents a reasonable exercise of discretion where the separation of issues facilitates the orderly presentation of evidence and judicial economy or avoids prejudice. Coleman v. Philadelphia Newspapers, Inc., 570 A.2d 552, 555 (Pa. Super. Ct. 1990)(citing Sacco v. City of Scranton, 540 A.2d 1370, 1373 (Pa. Commw. Ct. 1988), Swanger v. Pyles, 203 A.2d 488 (Pa. Super. Ct. 1964), Stevenson, 521 A.2d at 419). 10. "Where liability and damage issues are not interwoven, bifurcation may be used as a means to insure against the taint of the jury through sympathy occasioned by knowledge of the severity of the injury." Pascale v. Hechinger Co. of Pa., 627 A.2d 750, 756 (Pa. Super. Ct. 1993). 11. Issues of liability and damages are not interwoven in this case. Although liability is disputed, the Defendant does not dispute that the accident caused injury to the Plaintiff. 12. In addition, there is serious concern that the jury's knowledge of the Plaintiffs extensive injuries, during their deliberations on liability, would taint the jury and improperly influence the verdict. 13. It is anticipated that there will be extensive testimony regarding the Plaintiffs damages in the form of expert and non-expert testimony. 14. A separate trial on the issue of liability would promote judicial economy by eliminating the need to address the issue of damages if the jury finds for the Defendant. 15. No prejudice to the Plaintiff will result from bifurcation of liability and damages in this case. 16. Counsel for the Defendant disclosed the full text of the motion and proposed order to Plaintiffs' counsel by facsimile on November 12, 2010. 17. The issue of bifurcation was previously raised at a status conference on or about October 27, 2010 in front of the Honorable Albert Masland. Plaintiffs counsel does not concur in this motion for bifurcation. 18. Judge Masland has previously been involved in this case. WHEREFORE, the Defendant respectfully requests that this Honorable Court bifurcate the issues of liability and damages due to the serious threat of prejudice to the Defendant because of the gravity of the Plaintiffs injuries. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER ff s n J. Ship an, Esquire ttorney I.D. No. 51785 Sarah E. Hoffman Attorney I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: November 1#,A, 2010 Counsel for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion for Bifurcation has been duly served upon the following counsel of record, via facsimile, as well as by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November _tl,, 2010: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER B qer o J . Shipm afi , Esquire 392646 FILED-OFFICE OF THE PROTHONOTARY 2DIDDEC -I AM 9: 43 CUMBERLAND COUNTY PENNSYLVANIA Matthew S. Crosby, Esq. I. D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Phone: (717) 238-2000 Attorneys for Plaintiffs Fax: (717) 233-3029 E-mail: crosby@hhrlaw.com BENJAMIN J. RITTER, by and IN THE COURT OF COMMON PLEAS through his natural parent CUMBERLAND COUNTY, PENNSYLVANIA and legal guardian, CANDI YINGER, . Plaintiffs V. No. 2008 - 4552 HEATHER L. WOLF, CIVIL ACTION - LAW Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR BIFURCATION PURSUANT TO PA. R.C.P. 213(b) AND NOW, comes the Plaintiff, Benjamin J. Ritter, by and through his natural parent and guardian, Candi Yinger, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and files this Response to Defendant's Motion for Bifurcation. 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. Plaintiff admits that Defendant was attempting a left-hand turn onto Myers Road directly in front of Plaintiffs motorcycle, thus precipitating the incident and Plaintiffs injuries. Plaintiff denies any implication of fault on his part. 4. Admitted. By way of further answer, Plaintiff suffered catastrophic injuries including, but not limited to, severe head/brain trauma, brain-stem injury, subdural hemorrhage, subarachnoid hemorrhage, intraventricular hemorrhage, multiple lacerations, loss of use of the left eye, and bilateral foot and ankle injuries. As a result of these injuries, Plaintiff has been reduced to a vegetative state and has been adjudicated incapacitated by this Honorable Court. 5. Admitted. 6. Admitted. 7. Admitted. By way of further answer: Before ordering bifurcation, the court should carefully consider the issues raised and the evidence to be presented to determine whether the liability and damages issues are interwoven, as is often the case in personal injury litigation. _Ptak v Masontown Men's Softball League, 414 Pa. Super. 425, 429, 607 A.2d 297, 300 (1992) (emphasis added) (citing Stevenson v. General Motors Corp., 513 Pa. 411, 422-423, 521 A.2d 413, 419 (1987)). 8. Admitted in part, denied in part. Plaintiff believes the cited court opinion, when read in its entirety, speaks for itself. 9. Admitted in part, denied in part. Plaintiff believes the cited court opinion, when read in their entirety, speak for themselves. 10. Admitted, in part, denied in part. Plaintiff believes the cited court opinion, when read in its entirety, speaks for itself. 2 11. Denied. The issues of liability and damages are, in fact, intertwined in this case. Bifurcation will require at least three witnesses to be called during both stages of a bifurcated trial: the two eyewitnesses to the collision, Lucas Campbell and Wesley Metzger; and the responding officer, Trooper McCullough. In the alternative, Plaintiff would not object to bifurcation, provided this Honorable Court allow for an interval of at least ninety (90) days between trials to allow for Plaintiff to retain experts for the damages phase. 12. Denied. Defendant's concern is unwarranted. This Honorable Court is competent to govern a trial and instruct a jury such that evidence of Plaintiffs extensive injuries will not taint or improperly influence a jury verdict. 13. Admitted. 14. Admitted. By way of further answer, Plaintiff requests that, if Defendant's Motion is granted, this Honorable Court allow for an interval of at least ninety (90) days' between trials to allow for Plaintiff to retain experts for the damages trial. Plaintiff requests this interval in the interest of economy, as Plaintiff will be required, in the damages phase, to retain multiple experts, including a life-care planning expert, to demonstrate the costs of Plaintiffs ongoing medical care, daily nursing, and modifications; an economist, to demonstrate Plaintiffs future income loss; and medical expert(s) to establish the extent of Plaintiffs physical injuries. Should the damages trial be scheduled immediately or shortly after the liability phase, Plaintiff will be required to expend significant funds to retain these experts, risking the possibility that they will not be needed. In the alternative, Plaintiff objects to bifurcation. 'With the possibility of extension(s) should Plaintiff, despite reasonable efforts, be unable to retain said experts within that time. 3 15. Denied. Defendant will not suffer any prejudice should this case continue without bifurcation. 16. Admitted. 17. Admitted. By way of further answer, Plaintiff consents to bifurcation provided that this Honorable Court allow for an interval of at least ninety (90) days between trials. See Paragraph 14 above. 18. Admitted. WHEREFORE, Plaintiff, Benjamin K. Ritter, by and through his natural parent and guardian, Candi Yinger, respectfully requests that this Honorable Court allow for an interval of at least ninety (90) days between bifurcated trials, or in the alternative, that Defendant's motion be DENIED. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: t Z? By: Attorneys for Plaintiff 4 Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax: (717) 233-3029 E-mail: Crosby(&-hhrlaw.com BENJAMIN J. RITTER, by and IN THE COURT OF COMMON PLEAS through his natural parent CUMBERLAND COUNTY, PENNSYLVANIA and legal guardian, CANDI YINGER, . Plaintiffs V. HEATHER L. WOLF, Defendant No. 2008 - 4552 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiffs Response to Defendant's Motion for Bifurcation Pursuant to Pa. R.C.P. 213(b) was served on the Defendant by sending a copy of the same to the following: Jeffrey J. Shipman, Esq., & Sarah E. Hoffman, Esq., JOHNSON, DUFFIE, STEWART & WEIDNER, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 by United States mail in Harrisburg, Pennsylvania on Novemberd.9, 2010. HA LER, H OSENBERG, LLP Matthew S. Crosby, Esq. Attorneys for Plaintiff DATE: Z r - Matthew S. Crosby, Esq. I. D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Phone: (717) 238-2000 Fax: (717) 233-3029 E-mail: crosbyfthrlaw.com DEC 0 2 2010 Attorneys for Plaintiffs BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER, Plaintiffs v. FILED-OFFICE OF TI4E PROTHONOTARY 2010 DEC -3 Pri 2: 24 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4552 HEATHER L. WOLF, CIVIL ACTION - LAW Defendant BORDER AND NOW, this day ofc- , 2010, upon consideration of Defendant's Motion for Bifurcation and Plaintiffs response thereto, IT IS HEREBY ORDERED that Defendant's motion is GRANTED and the trial in this matter shall be bifurcated. Should the liability jury determine Defendant was 50% or more causally negligent, there shall be a waiting period of at least 90 days before the start of the damages phase of said trial. BY THE COURT: 5 I DISTRIBUTION: • -- Matthew S. Crosby, Esq., HANDLER, HENNING & ROSENBERG, LLP, 1300 Linglestown Road, Suite 2, Harrisburg, PA 17110, (717) 238-2000. • ,- 'Jeffrey J. Shipman, Esq., & Sarah E. Hoffman, Esquire, JOHNSON, DUFFIE, STEWART & WEIDNER, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043, (717) 761-4540. t FS eyla I, U-1 flo '-?l PP 1-r PRAEtIPE FOR LISTING CASE FOR TRIAL (Must de typewritten and submitted in triplicate) TO THE PROTHONOTARY F CUMBERLAND COUNTY Please list the folic wing case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. -------------------------------------I, ------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) BENJAMIN J. RITTER, by and through his natural parent and legal guardian, (Plaintiff) vs. HEATHER L. WOLF VS. Indicate the attorney who will t Jefferson J. Shipman, Esquire, efendant) (other) The trial list will be called on April 5, 2011 and Trials commence on May 2, 2011 Pretrials will be held on April 20, 2011 (Briefs are due S days before pretrials No. 2008-4552 Civil y case for the party who files this praecipe: Johnson, Duffie, 301 Market St., Lemoyne, PA 17043 Term Indicate trial counsel for other Matthew S. Crosby, Esquire; 1 This case is ready for trial. S Print Name: Date: March 9, 2011 J. Shipman Attorney for: Defendant Or,# 3S?i15` es if known: Linglestown Road, Ste. 2, Harrisburg, PA 17110 17 _ -TJ -,. M c:) -: -°---------- _ (check one) s X? Civil Action - Law ? Appeal from arbitration oi+j BENJAMIN J. RITTER, by and IN THE COURT OF COMMON PLEAS OF through his natural parent and CUMBERLAND COUNTY, PENNSYLVANIA legal guardian, CANDI YINGER, Plaintiffs V. HEATHER L. WOLF, Defendant CIVIL ACTION - LAW it 0,5A NO. 2008-4522 CIVIL TERM A pretrial conference was held in the chambers of Judge Oler in the above-captioned case on April 20, 2011. Present on behalf of the Plaintiff were Matthew S. Crosby, Esquire, and . Matthew P. Rosenberg, Esquire. Present on behalf of Defendant was Jefferson J. Shipman, Esquire. This is a negligence action for personal injuries arising out of an accident on August 5, 2006, which occurred when Plaintiff's motorcycle struck Defendant's car as Defendant made a left turn across Plaintiff's oncoming lane. Defenses include a contention that Plaintiff was speeding. By separate order of Court (Masland, J.) This trial has been bifurcated on the issues of liability and damages, and the jury at the forthcoming trial term will resolve only the issue of liability. This will be a jury trial in which, pursuant to an agreement of counsel, each side will have four peremptory challenges for a total of eight. The estimated duration of trial is two days. To the extent that any deposition testimony is to be shown or read to the jury which contains objections being pursued by counsel and requiring rulings by the trial judge, copies of the affected transcripts shall be furnished to the Court at least five days prior to commencement of the trial with the areas of objection being pursued highlighted and with brief memoranda in support of their respective positions on the objections. A number of issues may arise prior to or at the time of trial and may require rulings by the trial judge. These include: (1) What use if any may be made by the Defendant of statements of one Marian Davis, an eyewitness, who will not be called as a witness at trial but who did provide certain information upon which the experts in this case may have predicated their opinions, (2) whether evidence of certain reckless driving in which Plaintiff allegedly engaged shortly prior to the accident may be admitted; and (3) whether Plaintiff should be granted a continuance of the trial based upon the recent disclosure by Defendant of an eyewitness in the person of Robert W. Smith. With respect to the issues mentioned above which, as it develops, do require rulings by the trial court, counsel are directed to supply to the Court at least five days prior to commencement of trial brief memoranda in support of their respective positions on those issues. Counsel have agreed that the jury should be advised generally of the reason for Plaintiff's absence from the trial, namely, his present, deteriorated physical condition (as a result of the accident). To the extent that Plaintiff will be utilizing any animation evidence, that evidence shall be promptly disclosed to Defendant's counsel. Plaintiff's counsel have indicated that his expert will not be available on the first day of the forthcoming trial term and they have been directed to so advise the Court Administrator. No assurances have been provided that the Court Administrator will be able to accommodate this situation to Plaintiff's satisfaction. This case should not be assigned to the undersigned judge because his nephew is an attorney with the office of Plaintiff's counsel. With respect to settlement negotiations, a more than nominal offer has been made by Defendant to settle the case, but Plaintiff's counsel have indicated that they do not anticipate that the case will be settled on that basis. By the Court, J We ey O Jr., J Matthew S. Crosby, Esquire Matthew P. Rosenberg, Esquire 1300 Linglestown Road Harrisburg, PA 17110 For the Plaintiffs Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For the Defendant c? T > om N - ::0 q t ' C-) 3 r? ern cr pcb 0 rn = -, q _ r rte' w to Mrs =I; -? 7 : :' 7) ?>r F:\WP (RECTORIES\STM\MOTIONS & PETITIONS\LIMINE\RITTER SPEED.DOCX HANDLER, HENNING & ROSENBERG, LLP Matthe S. Crosby (69367) 1300 Li glestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax : 717.233.3029 E-mail:crosby@hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJA IN J. RITTER, by and through his natural parent and legal guardian, CANDI INGER, Plaintiff, NO. 2008-4552 V. HEAT( ER L. WOLF, Defendant. CIVIL ACTION - LAW PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE TESTIMONY BY ROBERT W. SMITH NOW comes the Plaintiff, Benjamin J. Ritter ("Mr. Ritter"), by and through his natural parent and legal guardian, Candi Yinger, attorneys, HANDLER, HENNING & ROSEN ERG, LLP, by Matthew S. Crosby, and files this Motion in Limine, requesting that this Cou restrict any reference to, testimony of, or introduction into evidence of any testimony ' by Robert W. Smith regarding the speed of Plaintiff's motorcycle prior to the collision, and in support Of said Motion, avers as follows: 11. On August 5, 2006, Mr. Ritter was the operator of a Suzuki motorcycle traveling on Route 34, Carlisle Road, approaching its intersection with Myerstown Road in Township, Cumberland County, Pennsylvania. The marked speed limit on the relevant section of Route 34 in Dickinson T is 55 m.p.h. At approximately the same time, Robert W. Smith ("Mr. Smith") was in the rear corner Pennsy Apr. 22, from his his backyard, located at 4387 Carlisle Road, Gardners, Cumberland County, Mr. Smith estimates his property to be approximately 800 to 1000 feet from the of Myerstown Road and Route 34, where the instant crash occurred. Smith Dep., 2011, 6:13-15. A series of photographs showing Mr. Smith's perspective of Route 34 position in his backyard is attached hereto and marked Plaintiff's Exhibit "A."' At approximately the same time and place, Heather L. Wolf ("Defendant"), was southbound on Route 34 approaching Myerstown Road. Defendant attempted a left turn directly into the path of Mr. Ritter's motorcycle, causing 4 violent collision. As a result of Defendant's negligence, Mr. Ritter suffered catastrophic injuries includin4, but not limited to, severe head/brain trauma, brain-stem injury, subdural hemorrhage, hemorrhage, intraventricular hemorrhage, multiple lacerations, loss of use of the left eye, and bilateral foot and ankle injuries. ' It is im0-s ant to note that these photographs were taken on April 22, 2011, before the trees had regrown their leaves. accident occurred in early August when the same trees would have been covered with foliage. 2 7. Mr. Ritter is currently in a vegetative state, unable to speak and completely dependant on others to take care of him. His prognosis is poor and he has shown no signs of coming Out of his vegetative state. On April 7, 2011, nearly five years after this crash, Defense counsel identified Mr. Smith as a witness for trial in this matter; Mr Smith's discovery deposition was just obtained by Plaintiff on April 22, 2011. A copy of Mr. Smith's deposition transcript is attached hereto as s Exhibit "B." Mr. Smith has opined that Plaintiff was traveling in excess of 100 m.p.h. as he drove pat Mr. Smith's home. Smith Dep., 26:2-3. When asked whether he was comfortable giving an estimated range of speed of the motorcycle, Mr. Smith stated, "If I was to guess, he was going somewhere between 100 and 130 mile [sic] an hour." Id. at 28:25; 29:1. 11, Mr. Smith testified that he first observed the motorcycle approximately 300-400 feet so* of his home in the area of a neighbor's stone wall fence. See Exhibit C for photographs of said location (also, please note again that the tree line depicted in Exhibit C would hove been in full foliage). 1 substanti ground, 1 gave the From his position, Mr. Smith's vision of Route 34 and its travelers was impeded by a tree line (still fully decked in summer dress), his house, a rise of his neighbor's house, respectively. See Exhibit A. In describing how long he actually observed Plaintiff's motorcycle, Mr. Smith description: I only seen -- like I say, I only seen (witness claps hands). It was so fast. It was - from where I seen him at the stone wall until he ran out of sight, it would have had to have been seconds. I mean, it was like the blink of an eye. 3 Smith Dop., 25:5-9. 14. When asked again in follow-up, Mr. Smith confirmed that his observation of the was exceedingly brief: Q. Okay. so you really only - excuse me. You really only had the bike under observation for what you would characterize as the blink of an eye? A. That's right. Id. at 25 1 Supreme include vehicles (1978) 1 `fleeting have at 1 10-13. 5. In Shaffer v. Torrens, 359 Pa. 187, 58 A.2d 439 (1948), the Pennsylvania Court "stated that the requirements for admissibility of lay witness estimations of speed ;1) an observation of the vehicular movement in question; and (2) a recognition of like at relative speeds." Radogna v. Hester, 255 Pa. Super. 517, 520, 388 A.2d 1087, 1088 Shaffer, 359 Pa. at 193, 58 A.2d at 442). 6. "Other decisions have required that the witness have something more than just a glance of the vehicle in question.... the important consideration being that the witness a minimum of time to make a reasonable estimation of speed." Radogna, 255 Pa. Super. at 520-21, 388 A.2d at 1088 quoted in Fisher v. Cent. Cab Co., 2008 PA Super 37, p.9, 945 A.2 J 215, 218 (2008). See also Ealy v. N.Y. Cent. R.R. Co., 33 Pa. 471, 5 A.2d 110 (1939); 138 Pa. Super. 321, 10 A.2d 898 (1940). A witness may not testify as to the speed of a vehicle unless he has had an ty to observe it moving for a sufficient period of time. Guzman v. Bloom, 413 Pa. 576, 580, 19? A.2d 499, 502 (1964). In the instant case, Mr. Smith observed Plaintiff's motorcycle for a "blink of an eye," through a tree line and a gap between his house and a rise of earth. Smith Dep., 25:5-13; see also F_xhibit A. 4 119. By his own testimony, Mr. Smith only caught a fleeting glance of Mr. Ritter as the latter passed by his house. Therefore, Mr. Smith's testimony as to Mr. Ritter's speed should be excluded of the brevity, the fleeting nature of [his] observation." Fisher v. Cent. Cab Co., 2008 PA Sup?r 37, p.9, 945 A.2d 215, 218 (2008) (quoting Radogna, 255 Pa. Super. at 520-21, 388 A.2d at 1088). 1. In Catina v. Maree, 272 Pa. Super. 247, 258-59, 415 A.2d 413, 419 (1979) rev'd 498 Pa. 443, 447 A.2d 228 (1982), the Superior Court held that witness concerning speed was properly excluded where the witness had "[a]n observation period of thirty-five feet, on a diagonal, and on a poorly lit road." The court noted that "[a]n estimate 419. of speed may not be predicated on such a slender data base." Id. at 259, 415 A.2d at Mr. Smith caught his glimpse of Plaintiff's motorcycle through the foliage of a tree line and in a brief space between his house and his neighbor's - blocked by a rise of earth; Mr. Smith's view was substantially limited and obscured by a myriad of obstacles. See Exhibit A. Therefore, Mr. Smith's testimony as to Mr. Ritter's speed should be excluded because he could only view the motorcycle for a very short distance, and that view was obscured. See Cati a, 498 Pa. 443, 447 A.2d 228. Furthermore, in considering the admissibility of lay witness estimations of speed, the court should also consider "the witness's prior experience with moving vehicles." Radogna 255 Pa. Super. at 521, 388 A.2d at 1089. 5 25. In the instant case, Mr. Smith's testimony demonstrates that he understandably has very!, little experience with vehicles traveling near or over 100 m.p.h., either as an observer or a participant. Smith Dep., pp. 26-27. It is well established under Pennsylvania law that "[a]ll relevant evidence is except as otherwise provided by law, [and] [e]vidence that is not relevant is not " Pa. R.E. 402. 27. "Relevant evidence" is defined as evidence tending to make the existence of any fact of consequence to the determination of the action more or less probable than it would be without the evidence. Pa. R.E. 401. 8. Even relevant evidence "may be excluded if its probative value is outweighed by the dang r of unfair prejudice, confusion of the issues, or misleading the jury." Pa. R.E. 403. 9. "The trial judge has broad discretion regarding the admission of potentially misleading or confusing evidence. Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice or confusion. The function of the trial court is tbalance the alleged prejudicial effect of the evidence against its probative value." Leah v McClain, 1999 PA Super 145, p.16, 732 A.2d 619, 624 (1999) (quoting Sprague v. Walter, 41 Pa. Super. 1, 39, 656 A.2d 890, 909 (1995)); see also Pa. R.E. 403. In Pennsylvania, "it is the trial court's function to exclude evidence which would confuse the jury and divert their attention from the primary issues in a case." Gallegor v. Felder, 329 Pa. Super. 204, 211, 478 A.2d 34, 38 (1984) (citing Feld v. Merriam, 314 Pa. Super. 414, 461 A.24 225 (1983). 6 I . In the instant case, Mr. Smith's testimony alleging that Plaintiff's motorcycle was in excess of 100 m.p.h. should be excluded because it is not based on a reliable and would unfairly prejudice the jury against Plaintiff. 7 ' WHEREFORE, Plaintiff moves this Court for the issuance of an Order precluding Defendant from making reference to, offering testimony of, or otherwise introducing into evidence, any testimony by Robert W. Smith regarding the speed of Plaintiff's motorcycle prior to the collision. In the alternative, Plaintiff requests the opportunity to present oral argument on the i Dated: P pril 2? , 2011 Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP i f By: Matthew S. Crosby (69367) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 E-mail: crosby@hhrlaw.com Attorneys for plaintiff, Benjamin J. Ritter 8 Oftaft- 4 .at rt ? b i 0 ?t £ 41 s q . I ¦ t I l NW I P F' DEPOSITION OF: TAKEN BY: BEFORE: DATE: PLACE: 1 BENJAMIN J. RITTER, BY IN THE COURT OF COMMON PLEAS AND THROUGH HIS NATURAL CUMBERLAND COUNTY, PENNSYLVANIA PARENT AND LEGAL GUARDIAN, CANDI YINGER, PLAINTIFFS V NO. 2008-4552 CIVIL TERM CIVIL ACTION - LAW HEATHER L. WOLF, DEFENDANT JURY TRIAL DEMANDED 0 rwsmith ROBERT W. SMITH PLAINTIFFS DIANE F. FOLTZ, RMR NOTARY PUBLIC APRIL 22, 2011, 10:10 A.M. 4387 CARLISLE ROAD GARDNERS, PENNSYLVANIA APPEARANCES: HANDLER, HENNING & ROSENBERG, LLP BY: MATTHEW S. CROSBY, ESQUIRE __ __.MATTHEW P__ROSENBERG, ESQUIRE FOR - PLAINTIFFS JOHNSON, DUFFIE, STEWART & WEIDNER BY: JEFFERSON J. SHIPMAN, ESQUIRE FOR - DEFENDANT 2 1 2 NAME 3 ROBERT W. SMITH 4 BY: MR. CROSBY 5 WITNESSES EXAMINATION 3 Page 1 5 2 ? 2 T 0 6 7 8 9 10 11 12 13 14 SMITH DEPOSITION EXHIBIT 15 1. PHOTOGRAPH 16 17 18 19 20 21 22 23 24 25 PRODUCED AND MARKED 10 1 STIPULATION 2 It is hereby stipulated by and between counsel 3 for the respective parties that reading, signing, sealing, 4 certification and filing are hereby waived; and that all 5 objections except as to the form of the question are 6 reserved to the time of trial. 7 I 8 ROBERT W. SMITH, called as a witness, being duly 9 sworn, testified as follows: Page 2 rwsmith EXHIBITS 10 11 12 i 13 14 15 16 17 18 19 20 21 rwsmith EXAMINATION BY MR. CROSBY: Q Good morning, Mr. Smith. My name is matt Crosby. I represent a young man by the name of Benjamin Ritter with regard to an accident he was involved in on August 5th, 2006, and you have been identified as a potential witness in this case by Attorney Shipman, and so we're here this morning to take your deposition and to find out what you know, okay? A Right. Q okay. Have you ever had a deposition taken before, sir? 22 A No. 23 Q okay. Can you state for the record your full 24 name and your current address for us? 25 A It's Robert W. Smith, 4387 Carlisle Road, 0 4 1 Gardners, PA, 17324. 2 Q okay. And was this the address that you resided 3 at on August 5 of 2006? 4 A Yes. ----- - ---- 5 Q How long have you been here? 6 A We moved in in 1999, April. 7 Q okay. All right. Sir, do you have any physical 8 or mental condition that would affect your ability to 9 answer my questions this morning? 10 A No. 11 Q And the same question with regard to prescription 12 medication, are you taking any prescription medication that 13 would affect your ability to hear my questions or answer my 14 questions this morning? Page 3 0 19 20 21 22 23 24 25 rwsmith Q okay. Do you remember the accident that took place on August 5? A Yes. Q okay. what time of day was it? A It was early in the morning. It was five years ago. I would guess somewhere between 7 and 9 o'clock. I'm not sure anymore. it was early in the morning. 6 t- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q Okay. And the weather? A I remember that. It was nice and sunny. It was a beautiful day out. Q And as you recall, the road was dry? A Right. Yes. Q okay. All right. sometimes I get my directions confused, but I think your property here is south of the intersection where the accident took place? A Yes. Myerstown is up here (indicating). south. Q okay. so Myerstown Road where the accident took place is north of your property? A Yes. Q okay. And how far is that intersection from your property here on Carlisle Road? A I'd say it's 800 to 1,000 feet. Q Okay. How big of a piece of land do you have here? - - A'"' This is about an acre and a half here. I Q Okay.' Can you take us through your morning on Augusta-5, 2006, as you remember it sitting here today? A okay. we get up here in the morning, have breakfast, and I took the dog out for the walk, you know, just like I normally do, and we were out, oh, I guess maybe Page 5 rwsmith 24 ten minutes. we were out here (indicating), and I heard -- 25 Q Let me just stop you there. when you say out 0 7 0 1 here, you 're indicating where on your property? 2 A out here along -- along the garage, right -- you 3 know, we went out the door here and walked up. we were up 4 here towa rds the sand mound. 5 Q okay. so you walked out your kitchen door? 6 A Right, and there's -- the garage is here then, 7 and we we re up here towards this little red shed 8 (indicati ng). 9 Q okay. And we're going to go out there after the 10 depositio n -- 11 A okay. 12 Q -- and see where you were, but just so we have 13 the recor d correct -- 14 A Right. 15 Q -- you took the dog out, and you were by your 16 garage? -17 ----A --- --well-, no. _ _I__was__up _her-e--towards--the--red shed. 18 Q Towards the red shed? 19 A we went out through the garage and went up to the 20 red shed. 21 Q And that's in the back portion of your property? 22 A That's right. 23 Q And go ahead. I'm sorry. I interrupted you. 24 A Anyway, I guess we were out ten minutes or so, 25 and towards the south here which is towards Gettysburg I 8 Page 6 Y t rwsmith 1 heard this motorcycle, and the motorcycle ran through the 2 gears, full throttle, and it came down. As it came down 3 the hill here he never left off the throttle, and where I 4 was standing I could see. There's a stone fence comes 5 down. I seen the bike at the stone fence going at a high 6 rate of speed. 7 Anyway, I kept watching, and then the house was 8 between me and him. I looked down at the driveway, and 9 when he passed the driveway; he never left off the 10 throttle. He had her in high gear and just -- just going, 11 but anyway, it was just a blur. I mean, it was just like 12 that. It was just a blur. 13 He ran on up over the hill, and as he ran out of 14 sight up here, I mean there's only maybe 100 feet or so, 15 maybe 150 feet that you can see him. Then the other house 16 is there, and there's a hill there, well, Myerstown hill, 17 that hill there before Myerstown Road. But anyway, he 18 never left off of it, and I mean, you'd have to see this. 19 You had to see him. 0 20 But anyway, the next thing that I heard was I 21 heard him gearing down twice, zoom, zoom, and the crash, 22 and I run the dog in, and I said, hey, I said that young 23 man that had been running that motorcycle up and down the 24 road here hit something. I said I'm going up. 25 so I ran up, and whenever I ran up, the car was 9 1 setting at Myerstown Road in the middle of the road. I 2 looked on down the road, and the motorcycle rider was 3 laying in the middle of the road at least 150, 200 feet 4 down the road, just laying right smack in the middle of the 5 road motionless. Page 7 rwsmith 6 so I started walking down. in the meantime 7 someone must have called the ambulance because I didn't 8 quite get down there until the ambulance showed up. But I 9 anyway, as I got to the car, the bike was in pieces between 10 the car and clear past where he was laying on the road, and 11 there was none of the pieces of that bike that you couldn't 12 put in a bushel basket. 13 And I came back and told her -- I waited there 14 until the ambulance came, and whenever those guys went down 15 there, I came back, and I told my wife if that guy's alive 16 it's a miracle because -- well, you could see where the car 17 was hit, and it looked like the bike went out over it, went 18 airborne, you know what I mean, but you'd have had to see 19 this bike. You had to see him come down through here. it 20 was... 21 Q Did you see the bike go airborne? 22 A No, no, no, I didn't. The only thing, like i 0 23 said, it ran out of sight here. Then I heard him gear 24 down, zizz, zizz, and then the crash, and then i went right 25 up, and he was laying up there. 10 1 Q And as you sit here today, what's your thought as 2 to why he geared down twice? 3 A i have an idea. He seen her. You know, that's 4 what I think. i think he said, oh, my God, you know, or 5 something, but when he came down by here, when he came down 6 by here, you know, he was down this way (indicating), and 7 he ran as far as I could hear him up here the whole way out 8 here to where he geared it down and never left off the 9 throttle, never left off the throttle. Page 8 , a rwsmith 10 MR. CROSBY: okay. All right. I have an 11 overhead shot here for you, sir, and we'll mark this as 12 Exhibit 1. 13 (Photograph produced and marked smith Deposition 14 Exhibit No. 1.) 15 BY MR. C ROSBY: 16 Q what is that photograph of? 17 A well, I guess this is our house, I believe 18 (indicat ing). 19 Q Okay. 20 A Yes, it is. There's our turnaround. 21 Q okay. Indicating the second property -- second 22 residenc e, home up from the bottom you believe to be your 23 house? 24 A Yes. 25 Q okay. Can you on this photograph, can you see 11 1 the red shed where you were when you first heard the 2 bike? • e approximate 8 location of where you were when you first saw the bike? 9 A Right. 10 Q okay. And is that also the approximate location 11 of where you were when you first heard the bike? 12 A Yes. 13 Q Okay. And can you estimate for us how far south 14 of your home that motorcycle was when you first saw it? Do Page 9 3 A Here (indicating). Q okay. Can you do me a favor and circle that shed 5 for me? 6 A (Marking.) 7 Q okay And that's the -- that's th rwsmith 0 15 you understand my question? 16 A uh-hum. 17 Q okay. 18 A I would say three, 400 feet. 19 Q okay. 20 A This is this ditch here. This stone wall was 21 right here somewhere, and right here at the stone wall from 22 where I was standing is where I seen -- where I seen him 23 (indicating). 24 Q Is the stone wall on the eastern or the western 25 side of 34? 12 1 A It's on this side, whichever that would be 2 (indicating). 3 Q That's the east. 4 A Yeah, it's the neighbor's house here, and then 5 the stone wall goes down. 6 Q Are you able to tell me as you sit here today 7 whether you saw the motorcycle or heard the motorcycle -8 ---#-i rst?--fin-other words ;--what the -f i rst thi ng-t-hat--drew- out ----- -- - -- - --- 9 attention down to 34? 10 A I heard it. I heard it way on out the road 11 here. 12 Q okay. 13 A You know what I mean, I heard him. I heard it 14 coming, and it sounded like he ran it through the gears, 15 and when he got it to the top gear up here, he just held 16 her open. 17 Q can you describe for me when you first heard the 18 motorcycle how that sounded to you? Page 10 0 19 20 21 22 23 24 25 rwsmith A Just a tremendous roar, you know the way these motorcycles are. It was loud. Q And did it get louder as he came closer to your home? A oh, yeah. Oh, yes, yes. Q okay. so that's pretty loud? A Yeah, it got loud, yeah. 13 1 Q okay. 2 A Like I said, again I heard him from where I seen 3 him here, and like I said, I was here, so there was a 4 little area here that I didn't see. when he passed the 5 driveway here, I seen him. 6 Q Your driveway? 7 A Right. when he passed the driveway here, it was 8 just a blur, and he held her all she would do the whole way 9 out, and I lost him in here somewhere, you know 10 (indicating). You'd have to go out here and look, but I 11 lost him here. I didn't see him, and then I heard him 12 downshift, and I heard the crash. 13 -- - - Q---okay.---Can you indicate, can -you indicate-on this 14 photo, Exhibit 1, where you believe you last saw the 15 motorcycle before the impact that you heard? 16 A I think it was here somewhere (indicating). 17 Q okay. 18 A I think it was here. 19 Q Draw it, if you could put an X there for me. 20 A (Marking.) 21 Q Okay. Did you see any other vehicles as all 22 this is going on? Did you see any other vehicles on 23 34? Page 11 rwsmith 24 A No. 25 Q okay. 14 0 1 A No. 2 Q At any point in time from when you first heard 3 the motorcycle when you were up by your red shed until you 4 heard the impact or what you believe to be the impact -- 5 A No. 6 Q -- did you see any other cars? 7 A I didn't see another vehicle. 8 Q okay. Did you ever see the motorcycle passing 9 anyone? 10 A Yes. Back a ways, not that day. Okay. 11 Q okay. 12 A I would guess this time of the year, may, June, 13 July, in there somewhere, there was three young guys out 14 here on bikes and two or three times a week up and down the 15 road, up and down the road, and I seen them come up here 16 already, and it sounded like they stopped -- they were down 17 here at Twirly Top, and they'd come this way, and you could 18 hear them, but normally whenever they ran it up, they 19 throttled it back, and they came by, you know, 60, 70 miles 20 an hour, but I seen them come out here at the mailbox 21 coming in that direction. 22 Q This is on a different date? 23 A oh, yeah, about may, June. 24 Q May of 2006? 25 A Right. 15 Page 12 rwsmith 0 1 Q okay. 2 A Before the accident. 3 Q okay. 4 A But I seen these three -- these three guys on 5 these bikes out here, two or three cars going in the same 6 direction, standing up on the back wheels and passing them 7 and going out over the hill, you know. 8 Q And that was going southbound? 9 A Right. 10 Q okay. 11 A And different times. You know, I don't know how 12 many times we seen them out here, you know, standing them 13 up on the back wheels and just up and down the road. 14 Q And do you believe that the person or one of the 15 three motorcyclists that you saw in may or June of 2006 16 was the motorcyclist that you saw on the date of this 17 accident? 18 A I think it was. 19 Q okay. what leads you to believe that? 20 A The same color. 21 Q I'm sorry? 22 A It was -- I think it was the same color. 23 Q The same color? 24 A Bike. 25 Q what color was that? I 16 1 A I don't know. It was a dark color of some kind, 2 and, you know, that morning whenever I came back in and 3 told my wife that this accident happened up here, I said to 4 her, I said, well, you know, the only thing that saved -- 5 the only thing that saved the other two guys is they Page 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 rwsmith weren't with him that day, because if they would have came through here the way they normally did, they'd all have been down there. Q Had you seen these three motorcyclists on any of the other occasions before -- I'm sorry. Strike that. Had you seen these other three motorcyclists on any other occasion other than when you saw them in may or June of 2006? A I don't know when, when they started riding out here, but they were up and down the road here two or three times a week. Q Okay. And you don't know when that started? A I would think it was -- I would think -- I would think it was late may, early June. Q of 2006? A Right. Q okay. And when did that stop? A About three days after the accident. Q This accident? A (Nods head up and down.) 17 1 Q Okay. 2 A You know, after the accident, I said to my wife, 3 I said, well, I hope the other two learned something. 4 well, about a week later there was one bike out here, and 5 he stood it on the back wheel and passed, and I said that, 6 well, that one didn't learn anything, but there was only 7 one that day, and I haven't seen him. I can't say that 8 I've seen them since. 9 Q okay. And when you say stand up on the back Page 14 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rwsmith wheel, are we talking about a wheelie? A Yep. Yes. I seen them pass three cars out here standing on the back wheel, wheelie. Q Those are the three motorcyclists we talked about before? A Right, right. Q And what kind of bikes were they on? A They were, you know, those little crotch rockets. You know, I have no idea, but -- Q And you said the one that you believed was the same motorcycle that you saw in this accident was a dark color? A I think it was a dark-colored bike. Q okay. How about the other two? A I think there was a lime green one there, and I have no idea what the other one was. I don't remember. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Q okay. When you saw them in late may, earlier tune, were they wearing helmets? A They were all wearing helmets. Q okay. A Yeah. Q And what color were the helmets? A oh, God, I can't tell you. I really don't know. Q okay. A You know, I think they were dark. Q okay. A Because like I said, whenever I usually seen them, it was (witness claps hands). I mean, it was. Q Did you ever call the police or anything about the motorcyclists? Page 15 rwsmith 0 15 A I never did. I seen the police setting around 16 out here at Goodyear church and I seen them a lot at Twirly 17 Top a lot that summer, but I personally didn't call them. 18 Q Do you know of anybody that may have? 19 A No, I don't. 20 Q And you're pretty sure that the bike you saw in 21 this acci dent was one of those three bikes that you saw 22 first in late may, early June and throughout the summer of I 23 2006? 24 A I'm pretty sure it was. 25 I Q okay. And you base that on the similar color? I 19 1 A Right. I 2 Q okay. Anything else? I 3 A No. 4 Q I want to go back to the date of this accident. 5 A Uh-hum. 6 Q I appreciate your patience with me here. 7 A Sure. 8 Q can you -- and again this was awhile ago. 9 A Right. 10 Q So tell me what you can, but are you able to tell 11 i me where in relation to your red shed you were when you 12 first hea rd the bike? 13 A I was between the red shed and that tree 14 (indicati ng). 15 Q okay. 16 A There's a tree out from that. I was right there 17 with the dog. The dog was there sniffing around the 18 shed. I I I Page 16 0 rwsmith 19 Q so you were standing between the shed and the 20 tree which appears to be south of the shed? 21 A Right. 22 Q okay. 23 A Right. 24 Q All right. And you were standing approximately 25 right in the middle of those two things? 20 1 A (Nods head up and down. p ) 2 Q Is that right? 3 A That's right. 4 Q I just wanted to make sure we got your answer 5 there. And did you move at all after you heard the 6 motorcycle? 7 A I didn't move until I heard the crash and brung 8 the dog in. I stood there because I wanted -- I wanted to 9 just see how fast they were going, how many of them were 10 going. 11 Q okay. 12 A No. when I heard him and it got louder and 13 louder and louder, and I thought he's not slowing up, and 14 then whenever I seen him up there and saw how fast he was 15 going, I thought this isn't good, and he still didn't let 16 up. And like I said, whenever he got past the driveway 17 down there, he was a blur, and he still didn't let up. He 18 still didn't let off of it, and it ran clear out until he 19 ran out of sight, and like I said, I heard him gear down, 20 zizz. I didn't hear any tires squealing or anything like 21 that, or zizz, zizz, bang, and i came in, and I told her 22 that -- I said he was in an accident I said. 23 Q But you -- you didn't physically move from your Page 17 ' rwsmith 24 original location until after you heard the accident? 25 A That's right. 0 21 P 1 Q okay. 2 A That's right. 3 Q Did you turn around? 4 A I just watched him this way (indicating). 5 Q okay. 6 A You know what I mean, I seen him here, and then I 7 turned my head, and I looked to see him come by the mailbox 8 here (in dicating). 9 Q okay. And at some point the house blocked your 10 view? 11 A Right. 12 Q How long a period of time did it block your 13 view? 14 A A snap of a finger the way he was moving. 15 Q okay. 16 A You know, it wasn't long. 17 Q on the date of this accident, did you see the 18 motorcyc le pass anyone on the date of this accident? 19 A No. 20 Q okay. 21 A He was the only one that was out there that 22 morning. It was early in the morning, and there was no 23 traffic on the road that I seen. After I had went up here 24 and with the car sitting in the road and him laying on the 25 road, th ere was two or three cars came down and parked 22 Page 18 0 1 2 3 4 i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 23 24 25 rwsmith along the road and walked down, you know, but there was nobody in the road out here whenever he went by. Q okay. Did you have any vehicles in your driveway that morning? A No. Q where was your car, in your garage? A Right. I don't -- we don't keep anything in the driveway, no, and there was nobody here then. Q Did you have a vehicle in the garage? A Uh-hum. Q okay. If you had been sitting inside your car in the garage with the windows up, do you think you would have still been able to hear the bike? A I think I would have been, yeah. I think you could have heard it. Q why is that? A it was loud, and like I said, he had her -- he had her turned on. It was -- he never backed off of it. Q until he went out of your sight? A (Nods head up and down.) Q Correct? A well, I never did hear him back off of it other than he geared it down, zizz, bang. You know, it was... Q I'm assuming -- well, strike that. were you able 23 1 2 3 4 5 to see the passenger car that was involved in the accident at all from your location -- A No. Q -- up by the shed? A No, no. I didn't see the car until I walked up. Page 19 I 3 0 rwsmith 6 It was setting in the middle of the road. 7 Q Okay. The motorcycle that you saw that morning, 8 did you see a headlight? 9 A I can't say as I did. 10 Q Okay. Do you know as you sit here today 11 whether the headlight was on or off, or are you not 12 able to say? 13 A I can't tell you. I don't know. 14 Q All right. How about any other lights, side 15 lights, anything like that? 16 A I didn't see any lights. 17 Q How about the motorcycle operator, were you able 18 to tell if it was a male or a female? 19 A No. The -- like I said, when he came down here, 20 those bi kes, he was laying down like this (indicating). 21 Q Indicating his arms are above his head? 22 A well, you know the way those -- those crotch 23 rockets. 24 Q Yeah. I'm just trying to get it on the record so 25 that she 's got a clear record. 24 1 A Yeah, he had it, you know, normal operating 2 position for those things, you know, whenever they're... 3 Q That's how you ride those bikes? 4 A Yeah. 5 Q Yes. 6 A I don't ride them at all, yeah. I don't bend too 7 easy. 8 (Discussion held off the record.) 9 BY MR. C ROSBY: Page 20 0 rwsmith 10 Q were you able to tell if the motorcyclist at the 11 time of this accident that you observed was wearing a 12 helmet? 13 A After the accident, whenever I went down, if I 14 recall right, he either had it on or it was laying 15 alongside of him. 16 Q okay. That's a bad question by me. when you 17 observed the motorcycle come by, were you able to observe 18 whether he had a helmet, he or she had a helmet on or i 19 not? 20 A I'm pretty sure he had a helmet on. 21 Q Okay. And as you sit here today are you able to 22 recall what color that helmet was? 23 A I think it was dark. 24 Q okay. How about -- and you may not know the 25 answers to these, but how about the clothing of the 25 I 1 motorcyclist, were you able to tell anything about that, 2 color, types of clothing, anything like that? 3 A I can't. 4 Q okay. And that's fine. 5 A I only seen -- like I say, I only seen (witness 6 claps hands). It was so fast. It was -- from where I seen j 7 him at the stone wall until he ran out of sight, it would 8 have had to have been seconds. I mean, it was like the 9 blink of an eye. 10 Q okay. so you really only -- excuse me. You 11 really only had the bike under observation for what you 12 would characterize as the blink of an eye? 13 A That's right. He -- we'll go out here and I'll 14 show you, you know, the area from where I seen him, where I Page 21 rwsmith 0 15 didn't see him, where I seen him, where I didn't see him, 16 you know what I mean, traveling at -- and if I was to 17 guess, he was going well over 100 mile an hour. 18 Q okay. 19 A well over. 20 Q And we're going to get to that because I don't 21 want you to guess. 22 A Yeah. 23 q As you sit here today, do you feel comfortable 24 giving an estimate on the speed of the motorcycle at the 25 time that you saw it, or is that something you're not 26 1 comfortable doing? 2 A I'm comfortable with telling you that he was 3 doing in excess of 100 mile an hour. 4 Q okay. 5 A I just -- you had to see it. 6 q okay. 7 A You know. I 8 q Yeah. And I guess my question for you, sir, is 9 what do you base that estimate on? 10 A well, if you go out here and you look at the 11 average individual that goes up and down the road, which 12 you and I drive 50, 55, this vehicle was going at least 13 twice th at. I mean, from the time I seen him up here to 14 the time he passed the driveway, I'm telling you the thing 15 was a bl ur. 16 q okay. Have you ever personally, have you ridden 17 a motorcycle? 18 A No. Page 22 rwsmith 19 Q Dirt bike? 20 A No. 21 Q okay. Have you ever been a passenger on a 22 motorcycle? 23 A I had a friend of mine when I was in high school, 24 you know, took me on a ride. 25 Q one time? 0 27 1 A one time. 2 Q That was enough, huh? okay. Never had a 3 motorcycl e license? 4 A No. 5 Q Have you ever been inside of a vehicle driving, 6 passenger that was going over 100 miles an hour? 7 A Yes. 8 Q How many times? 9 A oh, gosh, a half a dozen maybe. 10 Q okay. Have you ever -- other than this incident 11 have you ever witnessed a vehicle whether it's a passenger 12 vehicle, a motorcycle going in excess of what you believe 13 to be 100 miles per hour? 14 A I can't think of a time. 15 Q okay. And you've testified -- and I appreciate 16 you allowing us to come into your home to do this, but you 17 testified that you believed the motorcycle was going in 18 excess of 100 miles per hour? 19 A Yes. 20 Q And that you're comfortable telling us that? 21 A Yes. 22 Q Are you comfortable giving us an estimate, an 23 estimated range of speed of the motorcycle as it passed Page 23 rwsmith 24 your home, or is that something you are not comfortable 25 with? 0 28 0 1 MR. SHIPMAN: I'm going to note an objection to 2 the question. I think it's -- to the form of the question 3 principally. I don't quite understand when you say range 4 of speed. He was comfortable in giving his estimation of 5 speed in excess of 100 miles per hour. I don't know how 6 else he could explain that. 7 MR. CROSBY: well, he could say 190 to 195. He 8 could say 150 to 180. He could say that's not something 9 I'm comfortable telling you. He could say 100 to 120. He 10 could give me a range. That's all I'm asking him, and if 11 he's not comfortable doing that, that's fine. 12 MR. SHIPMAN: well, matt, I think he's been 13 answering your questions as best as he can. 14 MR. CROSBY: Sure. 15 MR. SHIPMAN: And I'm just going to note an 16 objection to the form of the question and then let 17 Mr. Smith answer as best as he can, if he can do that. 18 That's fine. 19 MR. CROSBY: okay. would you read the question 20 back. 21 (Question read.) 22 THE WITNESS: Well, you know, whenever I came 23 back and whenever I told you that I think he was doing in 24 excess of 100 miles an hour, my personal belief that that 25 100 miles an hour was on the low side. If I was to guess, 29 Page 24 0 rwsmith 1 he was going somewhere between 100 and 130 mile an hour. 2 I'm telling you, you had to see it. You would 3 have just had to see it, but, you know, speed is one of 4 those things that I can stand out here and I can say um, 5 look at this guy. I know this guy's not doing 55, and you 6 say, well, I think he's doing 45, you know, and in reality 7 he's doing 65. So it's all suggestive, but anyone, anyone 8 that drives and anyone that sees cars can tell somebody is 9 speeding, you know. 10 BY MR. CROSBY: 11 Q Yeah. what's the speed limit out here? 12 A I think it's 55 going that way and 45 going that 13 way (indicating), or it may be the other way around. I'm 14 not too sure which. 15 Q All right. Let's go one at a time. Your opinion 16 is obviously that he was traveling in excess of 55 miles 17 per hour when you observed him, the motorcyclist? 18 A My opinion he was doing in excess of 100 miles an 19 hour. 20 Q He was going faster than the speed limit? 21 A Absolutely. 22 Q okay. we've seen photos of an advisory speed 23 sign as well out here on 34 for northbound traffic. Are 24 you aware of an advisory speed sign out here on 34 north 25 near your home? 30 1 A No. Before Twirly Top, there at the corner? 2 Q No, it's out -- well, I don't want to represent 3 to you where it is. I think it's closer to your home. I 4 think it's out here somewhere. 5 A oh, there's a sign right here in the neighbor's Page 25 rwsmith 0 6 yard. It says 40 miles an hour and to slow down for 7 Myerstown Road, right. 8 Q And that would be a sign that northbound 34 9 traffic would see? 10 A That's right. 11 Q That's what I'm talking about, right. 12 A Right. 13 Q And that's in front of the home which is directly 14 north o f your home? 15 A It's the next houses. It's 4391, I think. 16 Q okay. so it's two houses north of where we are? 17 A It's one. 18 Q okay. 19 A It's in his yard, the next-door neighbor's yard. 20 when we go out I'll show you. 21 Q okay. Do you have a recollection as you sit here 22 today, sir, whether that advisory sign in your neighbor's 23 yard wa s up in August of 2006? 24 A It's been up ever since I've been here. 25 Q okay. 31 1 A Yeah. 2 Q All right. Did you -- did you observe anything 3 about the operation of the motorcycle other than its speed 4 that drew your attention? 5 A Other than, like I said, he ran at full throttle, 6 and it was loud. 7 Q was he -- did you see the motorcycle do a wheelie 8 at any point in time? 9 A No. Page 26 ' rwsmith 10 Q Okay. Did the motorcycle appear to be driving in 11 a straight line? 12 A Yes. 13 Q okay. Did the motorcycle appear to be driving 14 erratically at all? 15 MR. SHIPMAN: Objection to the form of the 16 question. 17 BY MR. CROSBY: 18 Q If you understand the question. 19 A He wasn't weaving. He wasn't doing that. It was 20 just a straight shot, you know, high speed, you know. 21 Q okay. 22 A NO, I can't say that he wobbled it, he ran 23 across the road, he was up in the middle of the road. 24 Just shooo. 25 Q That's my next question. when you observed this 0 i 32 1 motorcycle it was within the northbound travel lane, 2 correct? 3 A Right. 4 Q was it in the center of the northbound travel 5 lane? 6 A Pretty much. 7 Q okay. 8 A Yes, I think he was pretty well in the middle of 9 the travel lane on the northbound side. 10 Q At any point in time did you observe brake lights 11 come on on the motorcycle? 12 A No. 13 Q Okay. All right, now let's kind of shift into 14 after we hear the impact. I think you said you came down, Page 27 15 16 17 0 18 19 20 21 22 23 24 25 rwsmith came into the kitchen, told your wife? A Right. Q what did you say to your wife? A I told her, I said that motor vehicle rider has had an accident up here. I said as fast as he was going, chances are he's dead. I said I'm going to go up, and I gave her the dog, and then I walked up. I was there within two minutes. Q within two minutes of -- A within two minutes of it because I practically ran up. You know, I wanted to see. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Q Yeah. And you said when you got there where was the -- where was the passenger vehicle? A It was setting -- it was setting in the middle of the road, Myerstown Road. The nose of the automobile was I'd say just about to the point where Myerstown Road is, and the rest the car was setting on 34 like this (indicating). Q All right. And did you see anybody inside that vehicle? A There was nobody in the car, and I don't know. I don't know how all the people got there, but there was two or three people there with some woman, and they were standing off to the side where that pine tree is there on Myerstown Road. Q would that have been on your side of the roadway? A Right, right. Q so the eastern side of Carlisle Road? A Right. They were with within 20, 25 feet of Page 28 . 4 . 0 rwsmith 19 where the car was setting, but they were standing on 20 Myerstown Road, not on 34. 21 Q And that was a woman?. 22 A Yeah, it was a woman. 23 Q And who was standing with her? 24 A There was a couple other people, and I think 25 there was the neighbors. There's two houses right there. 34 1 I think it was the neighbors, but I didn't recognize any of 2 the people that were there, and like I said there -- I 3 think there was one other car that must have been coming 4 this way that stopped, and I thought more than likely that 5 some of them people were from that car that stopped. 6 Q Okay. can you describe the woman that you saw 7 there with the two other people? 8 A I would say that this lady was forties, fifties, 9 not really a large person, you know, maybe 120 pounds. I 10 think she had light hair. 11 Q And did you observe anything in particular about 12 her? 13 A No. well, she was crying. 14 Q That's what I'm talking about. 15 A You know, she was there, and she was shaking like 16 a leaf, you know, but that's... 17 Q white or black? 18 A she was white. 19 Q And did you approach her at all at that time? 20 A No. 21 Q Did you ever speak with her? 22 A No. 23 Q okay. Did you ever overhear her saying anything? Page 29 0 rwsmith 24 A No. 25 Q Did you ever see two children, two young children 35 D 1 at the scene? 2 A I can't say that I did. 3 Q okay. 4 A But they could have been there with those people, 5 you know. I was more looking down the road at this guy 6 laying on the road. 7 Q okay. so you saw this woman with two other 8 people wi th her, and then what happened? I 9 A Like I said, I walked around the car and looked 10 down, and I seen him laying in the road there 100, 150 feet 11 down the road and the bike parts scattered all down the 12 road, and I started down, and I got, well, maybe halfway 13 down, and the ambulance came. 14 when the ambulance pulled over the two guys in 15 the ambul ance went running down to him, and I turned and 16 came back . 17 Q You started dialing? Did you say you started 18 dialing? 19 A No, I turned and came back. 20 Q okay. 21 A I don't know who called. I don't know who called 22 the ambul ance or who called the police, you know. 23 Q You didn't though? 24 A No, no, huh-uh. 25 Q And how long were you down there at the scene 36 Page 30 rwsmith 1 before you came back? 2 A I couldn't have been down there more than -- I 3 would gu ess between five and ten minutes at the tops. 4 Q okay. And at any point in that five to ten 5 minutes did you speak with anyone? 6 A No. 7 Q okay. Did anyone speak to you? 8 A Not that I recall. 9 Q okay. And during that five to ten minutes did 10 you overhear anyone say anything? 11 A No. The majority of everybody that was up there 12 were all in a huddle crying, you know. 13 Q Did you ever speak with the police about this 14 accident? 15 A No. 16 Q Did you ever tell anyone what you had observed? 17 A I more than likely told the neighbors here. You 18 know, I think I told -- told the neighbors that -- you 19 know, I think I said something like, you know, these boys 20 on these motorcycles, one of them had an accident up here 21 today, and he come down by the houses at a high speed, and 22 I heard the crash. 23 Q okay. which neighbor was that that you told? 24 A well, I'm sure I did tell Jason Mellott over 25 here. 0 37 1 Q I'm sorry. can you -- Jason? 2 A Mellott, M-e-1-1-0-t-t. And Kip Spangler across 3 the road here. 4 Q okay. Anybody else? 5 A Not -- that's it that I can recall, and I may not Page 31 rwsmith 0 6 have told them, you know, but, you know, whenever you see 7 something like that, you usually repeat it. 8 Q okay. Is there - - I'm just trying to understand. 9 Is th ere any reason why you didn't call the police or speak 10 with the police at all? 11 A No. 12 Q And you've never spoken with Heather wolf? 13 That' s the operator of the vehicle. 14 A No. In fact, I d idn't even know -- I didn't even 15 know her name until he had called me and wanted to know 16 what I knew about this. 17 Q Attorney Shipman? 18 A Right. 19 Q when did he call you? 20 A I don't remember. A couple weeks ago, three 21 weeks ago. 22 Q That's the first time you spoke with him? 23 A Right. 24 Q Had you ever spoken with anyone from 25 Mr. Shipman's office before that? 38 1 A No. 2 Q Sorry for jumping around here. That' s my nature 3 though. But you're back at the scene. we're back at the 4 scene here. Did you see any skid marks in the 5 intersection? 6 A No. 7 Q Did you see anyone at the scene that you knew? 8 A I don't recall of anybody. I di dn't really stay 9 there that long. Like I said, I was only there five to ten Page 32 0 rwsmith 10 minutes at the tops, and as time went along it was more and 11 more and more people showed up, was standing up there in 12 the huddle, so I just came back. You know, after I seen he 13 had some help coming to him, I left. 14 Q In speaking with folks since this accident, are 15 you aware of any other neighbors or individuals who may 16 have witnessed anything? 17 A No, I don't. 18 Q None of your neighbors said we saw that, too, or 19 anything like that? 20 A No. I think I'm the only one that wanders the 21 yard in the neighborhood, you know, really. You don't 22 hardly ever see any of the neighbors. 23 Q were you ever contacted by any insurance 24 companies about what you saw in the accident? 25 A The only other -- the only other person that 39 1 contacted us was -- and identified himself as an 2 investiga tor, and it must have been his investigator or 3 somebody, because they said they were looking for Robert 4 smith, an d then he asked me the question what do you know 5 about -- do you know anything about this motorcycle 6 accident that happened? And I don't recall who it was 7 anymore. I don't remember. 8 Q How long ago did that investigator contact you? 9 A well, that was about three days before he called 10 me. 11 Q okay. so within the last what? 12 A Three weeks. 13 Q okay. Did you ever give a written statement -- 14 A No. Page 33 rwsmith 0 15 Q -- or a recorded statement? 16 A No. 17 Q The investigator, was he taking notes when he 18 talked to you? 19 A I don't know. The only thing he said is the 20 attorney will get in touch with you. 21 Q He personally came to your home? 22 A No, no. 23 Q Oh. I 24 A He called. 25 Q Oh. 40 1 A He called. 2 MR. SHIPMAN: Off the record. 3 (Discussion held off the record.) 4 BY MR. CROSBY: 5 Q Do a lot of vehicles in general coming down 34 6 speed in this area? 7 A I wouldn't say a lot, but there's a few. 8 Q Go ahead. 9 A There's a good many -- there's a good many trucks 10 on this road, and truck traffic keeps it down because of 11 the hill s, you know, 40, 45. 12 Q Tractor trailer trucks? 13 A Right. 14 Q Have you ever had occasion to be traveling 15 southbou nd on 34 and have to make that left turn down there 16 at Myers town Road? Have you ever made that turn? 17 A I have. 18 Q Okay. Page 34 s - 0 rwsmith 19 A Yeah. 20 Q How often do you do that? 21 A Not too often. I try not to, because I'll tell 22 you, if anybody's doing over the speed limit, somebody 23 coming this way (indicating) -- 24 Q Northbound? 25 A -- can be on top of you in the snap of a finger. 41 1 In fact, different times I went to Hanover and came in 2 Myerstown Road and stopped here at the stop sign to turn 3 left this way, and you look down the road and you look this 4 way and you look this way, and you start out onto the road, 5 and about the time you start out on the road, there they 6 are, you know what I mean, and I've burnt rubber out onto 7 the road, you know. 8 Q Yeah, okay. 9 A It's just unfortunate. That hill down there 10 is -- there's a dip there (indicating), and unless you set 11 high like in a pickup or something like that, they can 12 sneak up on you really quick. 13 Q Again, you might not be able to answer this. Can 14 you give me an idea how many times you've made that left 15 turn from southbound 34, Carlisle Road, a left turn onto 16 Myerstown Road? 17 A I would say scattered over the last ten years a 18 half a dozen times. I normally don't do that. 19 Q How do you approach making that left turn when 20 you do it? 21 A I try to pull up this way (indicating), almost 22 past the intersection so I can see down over the hill to 23 turn across traffic, and then it's difficult. There was Page 35 r rwsmith 24 another -- there was another accident I'd say a year ago 25 at the very same place there between a Toyota pickup and a 0 42 1 camry. i don't know what direction they were going in, but 2 that's an area where there's some accidents. 3 Q Do you know a woman, sir, by the name of Miriam 4 Davis? 5 A Yes. 6 Q okay. 7 A Miriam Davis. 8 Q okay. 9 A Miriam Davis. No, that's Powell. No. 10 Q okay. There's a Miriam Davis that used to reside 11 at 4341 Myerstown Road. 12 A I don't know her. 13 Q You don't know her? 14 A I don't know her. 15 Q okay. And how about a woman by the name of Janet 16 Weiser, W-e-i-s-e-r? 17 A No. 18 Q You don't know her? 19 A No. 20 Q The investigating officer in this case was 21 Trooper Michael McCullough, M-c-c-u-1-1-o-u-g-h. Do you 22 know Trooper McCullough? 23 A No, never met him. 24 Q The same question with regard to a corporal i 25 Christopher Pushart, do you know Corporal Pushart? 0 43 Page 36 0 rwsmith 1 A No. 2 Q I may have asked you this question before. I 3 apologize if I have, but can you estimate for us how far it 4 is from where you were standing when you observed the 5 motorcycle in this accident to the edge of Carlisle Road in 6 front of your home? 7 A At the driveway? 8 Q To the beginning of your driveway, yeah, how far 9 is that? 10 A well, the lot's 378 feet, so I would guess it's 11 350. 12 Q Okay. And currently you have a driver's license? 13 A Uh-hum. 14 Q Yes? 15 A Yes. 16 Q Any restrictions on that? 17 A No. 18 Q Ever held a CDL? 19 A I have a class -- I have to look. This is before 20 the CDL's. I drove school bus, and at one time I drove a 21 delivery truck for a company. 22 Q But you never held a commercial driver's license? 23 A No, no. 24 Q Okay. 25 A That was before. That was -- that came after my 44 1 time. Back then if you could drive, they put you in it, 2 you know. They said there's the truck, and if you get 3 back, you're a driver. I have a Class C license. 4 Q what's that? what's a class C; do you know? 5 A It says single/combination 26,001 pounds. Page 37 t , .1 1 0 rwsmith 6 MR. CROSBY: I think those are all my questions, 7 but let me talk to my colleague here outside one second, 8 and we'll be right back, okay? Thank you, sir. 9 (Recess from 11:05 a.m. to 11:08 a.m.) 10 MR. CROSBY: We're all done. 11 (The deposition was concluded at 11:08 a.m.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 1 COUNTY OF DAUPHIN 2 SS 3 COMMONWEALTH OF PENNSYLVANIA . 4 I, Diane F. Foltz, a Notary Public, authorized to 5 administer oaths within and for the commonwealth of 6 Pennsylvania, do hereby certify that the foregoing is the 7 testimony of Robert W. Smith. 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questions Page 38 ?F v . - r • rwsmith 10 and answers were taken down stenographically by the said 11 Reporter-Notary Public, and afterwards reduced to 12 typewriting under the direction of the said Reporter. 13 I further certify the said deposition was taken at 14 the time and place specified in the caption sheet hereof. 15 I further certify I am not a relative or employee or 16 attorney or counsel to any of the parties, or a relative or 17 employee of such attorney or counsel, or financially 18 interested directly or indirectly in this action. 19 I further certify that the said deposition 20 constitutes a true record of the testimony given by the 21 said witness. 22 IN WITNESS WHEREOF, I have hereunto set my hand 23 this 25th day of April, 2011. 24 25 Diane F. Foltz, RMR Notary Public Page 39 X Y i • 1?iaw ... --asraL. r % A Matthew S. Crosby, Esq. I.D. No. 20569 HANDLER, ENNING & ROSENBERG, LLP 1300 Lingl stown Road, Suite 2 Harrisburg, PA 17110 Telephone:(717) 238-2000 Fax : (717) 233-3029 E-mail: crosbv@hhrlaw.com Attorneys for Plaintiff BENJAMI J. RITTER, by and through his natur 1 parent and legal guardian, CANDI YI GER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4552 V. HEATHER L. WOLF, Defendant : CIVIL ACTION -LAW I CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following by United States first-class mail, on ???rci? , 2 2011: Jefferson IJ. Shipman, Esq. Johnson, uffie, Stewart & Weidner, P.C. 301 Mark t Street P.O. Box 09 Lemoyne,) PA 17043-0109 (Counsel f Or Defendant, Heather L. Wolff / HA r-G-& ROSENBERG, LLP 7 Matthew S. Crosby, Esq. Attorneys for Plaintiff DATE: Z(P 1 rrl M 23. 2 -r x x' r7i :.?r- r.) CT -3C, X, C:) HANDLER, HENNING & ROSENBERG, LLP Matthew . Crosby (69367) 1300 Lin lestown Road, Suite 2 Harrisbur , PA 17110 Ph.: 71, .238.2000 Fax : 711.233.3029 E-mail : crosbvahhrlaw. com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJA IN J. RITTER, by and through his natur 1 parent and legal guardian, CANDI LAGER, Plaintiff, NO. 2008-4552 V. HEATHER L. WOLF, Defendant. CIVIL ACTION - LAW PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE EVIDENCE OF ALLEGED ILLEGAL PASS PRIOR TO THE CRASH AND NOW, comes the Plaintiff, Benjamin J. Ritter ("Mr. Ritter"), by and through his natural parent and legal guardian, Candy Yinger, attorneys, HANDLER, HENNING & ROSENBi'ERG, LLP, by Matthew S. Crosby, and files this Motion in Limine, requesting that this Court restrict any reference to, testimony of, or introduction into evidence of any alleged illegal pad's made by Plaintiff prior to the crash and in support of said Motion, avers as follows: 1. On August 5, 2006, Mr. Ritter was the operator of a Suzuki motorcycle traveling northbound on Route 34 approaching its intersection with Myerstown Road in Dickinson Township, Cumberland County, Pennsylvania. 2. The marked speed limit on the relevant section of Route 34 in Dickinson Township is 55 m.p.h. 3. At approximately the same time and place, Heather L. Wolf ("Defendant"), was traveling southbound on Route 34 approaching Myerstown Road. 4. I!I Defendant attempted a left turn directly into the path of Mr. Ritter's motorcycle, causing a violent collision. 5.11 As a result of Defendant's negligence, Mr. Ritter suffered catastrophic injuries ig, but not limited to, severe head/brain trauma, brain-stem injury, subdural hemorrhage, hnoid hemorrhage, intraventricular hemorrhage, multiple lacerations, loss of use of the left eye, and bilateral foot and ankle injuries. 6. ! Mr. Ritter is currently in a vegetative state, unable to speak and completely on others to take care of him. His prognosis is poor and he has shown no signs of coming out of his vegetative state. 7. Prior to the crash, as Mr. Ritter was traveling northbound on Route 34, Marian Davis, puled out of her driveway directly into Mr. Ritter's path. Plaintiff, in an attempt to avoid striking Ms. Davis's vehicle, passed her. This took place approximately one-half mile before Mr. Ritter?s collision with Defendant's vehicle. 8. It is believed that the pass took place in a no-passing zone. 2 9. It is well-established, under Pennsylvania law, that "[a]ll relevant evidence is admissible, except as otherwise provided by law, [and] [e]vidence that is not relevant is not admissiblje." Pa. R.E. 402. 10. `Relevant evidence' is defined as evidence tending to make the existence of any fact of consequence to the determination of the action more or less probable than it would be without the evidence. Pa. R.E. 401. 11. Even relevant evidence "may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury." Pa. R.E. 403. 121. The introduction at trial of evidence regarding an illegal pass executed by Mr. Ritter approximately one-half mile from the ultimate crash site would confuse the jury as to which in0dent it should examine in the case at bar. 13. Furthermore, and more importantly, evidence of an alleged illegal pass by Mr. Ritter would, no doubt, create an unfair prejudice against him. Whether Mr. Ritter illegally passed another vehicle one-half mile before the ultimate crash location is not relevant to the of whether Mr. Ritter was comparatively negligent in causing that crash. "The trial judge has broad discretion regarding the admission of potentially ino or confusing evidence. Relevant evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice or confusion. The function of the trial court is to balance the alleged prejudicial effect of the evidence against its probative value." 1999 PA Super 145, p.16, 732 A.2d 619, 624 (1999) (quoting Spra ug a v. Walter, 441 Pa. Super. 1, 39, 656 A.2d 890, 909 (1995)); see also Pa. R.E. 403. 1511, In Pennsylvania, "it is the trial court's function to exclude evidence which would confuse thIe jury and divert their attention from the primary issues in a case." Gallegor v. Felder, 3 329 Pa. Super. 204, 211, 478 A.2d 34, 38 (1984) (citing Feld v. Merriam, 314 Pa. Super. 414, 461 A.2d 225 (1983). 16,. As a general rule, a person's prior acts cannot be used to prove a later similar act; there must be some connection or relation between the prior and present acts. Valentine v. Acme Mkts., 45$ Pa. Super. 453, 261, 687 A.2d 1157, 1160 (1997) (citing Levant v. Wasserman Co., 445 Pa. 3s0, 284 A.2d 794 (1971)). 17. In the case at bar, any evidence of an alleged illegal pass performed by Mr. Ritter prior to the collision would only serve to confuse the jury by diverting the jury's attention from the crash at issue and directing it to collateral, prejudicial material that has no bearing on the instant case. 4 WHEREFORE, Mr. Ritter moves this Honorable Court for the issuance of an Order precluding Defendant from making reference to, offering testimony of, or otherwise introducing evidence of any alleged illegal pass performed before the collision. In the alternative, Mr. Ritter requests to opportunity to present oral argument on the issue. Respectfully Submitted, Dated: ZG? (11 HANDLER, HENNING & ROSENBERG, LLP By: Matthew S. Crosby (69367) Attorneys for Plaintiff, Benjamin J. Ritter 5 Matthew S, Crosby, Esq. I.D. No. 20569 HANDLER HENNING & ROSENBERG, LLP 1300 Lingl stown Road, Suite 2 Harrisbur , PA 17110 Telephone (717) 238-2000 Fax : (717) 233-3029 E-mail: crosbv@hhrlaw.com Attorneys for Plaintiff BENJAM N J. RITTER, by and through : IN THE COURT OF COMMON PLEAS his natu al parent and legal guardian, CUMBERLAND COUNTY, PENNSYLVANIA CANDI Y LAGER Plaintiff NO. 2008-4552 V. HEATHER L. WOLF, Defendant CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following by United States first-class mail, on R I Z ? v 2011: Jefferson' J. Shipman, Esq. Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Counsel r Defendant, Heather L. Wolt) HANDL N ZING & ROSENBERG, LLP By Matthew S. Crosby, Esq. Attorneys for Plaintiff DATE: 2(' ?? C') Y mco 4 ^ ?" * ,j c• , f .,? am rr ? -TJ Matthew S. ,Crosby, Esq. I.D. No. 20509 HANDLER,'iHENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg,' PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: crosby@hhrlaw.com BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER Plaintiff V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4552 HEATHER L. WOLF, Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE EVIDENCE RELATING TO MS. MARIAN DAVIS AND NOW, comes the Plaintiff, Benjamin J. Ritter, by and through his natural parent and legal' guardian, Candi Yinger, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and files the within Motion in Limine, requesting that this Court restrict any reference to, testimony relating to, introduction into evidence of, or any mention whatsoever of the accident witness , Marian Davis, or any commentl,or statement made thereby, and in support of said Motion, avers as follows: 4- Plaintiff, Benjamin J. Ritter, was born on September 13, 1986. He became incapacitated on August 5, 2006, and was adjudicated as such by Order of this Honorable Court on November 28, 2006. Plaintiff, Candi Yinger, was appointed as the plenary guardian of the person and Estate of her son, Benjamin J. Ritter, on November 28, 2006. 2. This action arises from a motor vehicle accident between the Plaintiff motorcycle and Defendant vehicle at the intersection of Carlisle and Myerstown Roads in Dickinson Township, Cumberland County, Pennsylvania. 3. On August 5, 2006, Plaintiff, Benjamin J. Ritter, was the operator of a motorcycle traveling (northbound on Pennsylvania Route 34, also known as Carlisle Road, in Dickinson Township, Cumberland County, Pennsylvania. 4. At approximately the same time and place, Defendant, Heather L. Wolf, was the operator of a vehicle traveling southbound on Carlisle Road. 5. Defendant attempted to make a left-hand turn onto Myerstown Road, striking the front end of Plaintiffs motorcycle. 6. As a result of the accident, Plaintiff suffered serious injuries including, but not limited to, severe head and brain trauma, brain-stem injury, subdural hemorrhaging, subarachooid hemorrhaging, intraventricular hemorrhaging, multiple lacerations, loss of use of the left) eye, and bilateral foot and ankle injuries. As a result of these injuries, Plaintiff has been reduced to a vegetative state and has been adjudged incapacitated by this Honorable Court. -2- 7. On August 5, 2006, approximately one-half to one full hour after the accident, Pennsylvania State Police Trooper, Michael R. McCullough, began interviewing witnesses and taking down their statements; one of these witnesses was Marian Davis.' Dep. of Michael R. McCullough, Mar. 25, 2009, at 21:23-25. Attached hereto, made apart hereof, and marked "Exhibit A," is the deposition of State Trooper McCullough. 8. At least 40 minutes after the accident, State Trooper McCullough took the statements of Ms. Davis, as protocol requires when investigating a motor vehicle accident. Id. at 21:14-21. 9. In that statement, Ms. Davis related, according to Trooper McCullough, that she had pulled out of her driveway at 4341 Carlisle Rd, when she heard a loud noice and was passed by Plaintiffs motorcycle. Attached hereto, made a part hereof, and marked "Exhibit B," is Page 7 of the Police Report. 10. In addition, on or about September 1, 2006, and August 30, 2007, Ms. Davis provided two recorded statements, wherein she recounted the August 5, 2006, crash. Attached hereto, made a part hereof, and marked "Exhibit C," are two transcribed recorded statements of Ms. Davis. 11. In a March 4, 2010, letter, Defendant's counsel revealed that Ms. Davis is currently lin a nursing home, but he provided a "diary" of her witness account that appears to have been written as she prepared to go to sleep for the evening on August 5, 2006, at least 10 ' St to Trooper McCullough, in his deposition, spells out this witnesses's name as "Marian, M-A-R-I-A- N, Davis"; h wever, Plaintiff has also received correspondence referring to the witness as "Miriam" Davis. 15:4-7. For urposes of clarity, the witness will be referred to as "Ms. Davis" herein. -3- hours after the crash. Attached hereto, made a part hereof, and marked "Exhibit D," is a copy of the said letter. 12. In a March 9, 2010, follow-up letter, Defendant's counsel explained that Ms. Davis suffers from Alzheimer's Disease and is unable to testify in a legal proceeding. 13.. It is well-established, under Pennsylvania law, that any out-of-court statement (whether' written or oral) "offered in evidence to prove the truth of the matter asserted" is inadmissible as hearsay, except as provided by the Pennsylvania Rules of Evidence or by statute. Pa. R. Evid. 801, 802. 14. Pennsylvania Rules of Evidence 803,803 .1,2 and 804 provide exceptions under which hearsay statements may be introduced into evidence. 151. The exceptions in Pennsylvania Rule of Evidence 803 apply, regardless of the availability of the declarant. See Pa. R. Evid. 803. 16. While Rule 803 provides several exceptions to the general rule that hearsay is inadmissible,3 only two of those have any possible application in the instant case: present- sense impression, Pa. R. Evid. 803(1), and excited utterance, Pa. R. Evid. 803(2). 2 le 803.1 applies solely in situations where the declarant is available to testify; in this situation, the declarant is unable to testify and as such, Rule 803.1 is inapplicable. ' Exception (3) provides for statements concerning the declarant's then-existing mental, emotional, or physical condition; exception (4) allows statements for purposes of medical diagnosis or treatment; exceptions 6), (11), (12), and (13) concern records of regularly conducted activity, religious organizations, marriage o baptisms, or family history; exceptions (14) and (15) concern documents affecting an interest in property; (16) allows ancient (30 years or more) documents; (17), market reports or commercial publication ; exceptions (19), (20), and (21) deal respectively with the reputation of personal or family history, bo ndaries or general history, and character; (25) concerns admissions of the party-opponent; and exceptions 5), (7), (8), (9), (10), (18), (22), (23), and (24) - as modeled by the Federal Rules of Evidence - have not be n adopted under Pennsylvania case law or by the Pennsylvania legislature. -4- 17. A present-sense impression is defined as "[a] statement describing or explaining an event for condition made while the declarant was perceiving the event or condition, or immedia el thereafter." Pa. R.E. 803(1) (emphasis added). 18. The comment to Rule 803(1) states that "the trustworthiness of the statement arises from its timing. The requirement of contemporaneousness or near- contemporaneousness reduces the chance of premeditated prevarication or loss of memory." See also Ommw. v. Cunningham. 805 A.2d 566 (Pa. Super. Ct. 2002); Commw. v. Hood. 872 A.2d 175 II(Pa. Super. Ct. 2005); Commw. v. Grav. 867 A.2d 560 (Pa. Super. Ct. 2005). 19. The Superior Court has held that the passage of 10 minutes is too long to be considered "immediately thereafter." Croyle v. Smith. 918 A.2d 142,150 (Pa. Super. Ct. 2007). 20. In Croyle, a motorcyclist injured in an accident attempted to admit a statement made by a witness (Dunbar) to the responding officer under the present-sense-impression hearsay exception; the court held that the motorcyclist had "[p]rovided no support for [his] argument that Dunbar's statement should have been admitted as a present-sense impression [because] Dunbar spoke to [other witnesses] and waited over ten minutes before making the statements to [the officer]." Id. at 150. 211 . Here, it was not until at least 40 minutes after the accident that Ms. Davis relayed her statements to Officer McCullough; Ms. Davis was present at the accident scene, among other witnesses, for at least 40 minutes before making her statements. McCullough Dep. , 21:14-21; 21:23-25. -5- 22. Ms. Davis's statements were not made to the police until well after the event had occurred; further, Ms. Davis did not actually witness the accident, but was only able to speculate as to what had caused the sounds that she had heard. Id. 23. Ms. Davis's statements do not fall within the present-sense-impression exception to the general rule that hearsay evidence is inadmissible. 24. The excited-utterance exception to the hearsay rule allows admission of "[a] statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. Pa. R.E. 803(2). 25. The Superior Court has elaborated on this definition, holding that [a]n excited utterance is a spontaneous declaration: (1) by a person whose mind is affected by overpowering emotion caused by some unexpected occurrence; (2) which that person had just participated in or closely witnessed; and (3) is made so near the occurrence both in time and place as to exclude the likelihood of it being a product in whole or in part of his reflective faculties. Harris v. joys " R" Us-Penn. Inc.. 880 A.2d 1270,1277 (Pa. Super. Ct. 2005) (citing Commw. v. Carmody 799 A.2d 143,147 (Pa. Super. Ct. 2002)). 26. Pennsylvania courts have considered several factors in determining whether a statement falls within the excited-utterance exception: 1) whether the declarant, in fact, witnessed the startling event; 2) the time that elapsed between the startling event and the declaration; 3) whether the statement was in narrative form (inadmissible); and 4) whether the declarant spoke to others before making the statement, or had the opportunity to do so. Commw. t?. Keys, 814 A.2d 1256, 1258 (Pa. Super. Ct. 2003) (citing Commw. v. Sanford, 580 A.2d 784,1,788 (Pa. Super. Ct. 1990)). -6- 27. The Superior Court has held that the requirement that "the declarant have witnessed the startling event" is dispositive. Id. 28. Because Ms. Davis did not witness the incident, her statements regarding the accident fail to meet an essential element of the excited utterance exception.4 291. As Ms. Davis did not witness the incident, any statement made by her to the police regarding the accident is inadmissible hearsay.' 301. Further, Ms. Davis's statement to Trooper McCullough was made in a narrative form, more than 40 minutes after she was passed by our client. 31I. In the time between the accident and her statement, Ms. Davis was also in the presence Of several others with whom she either had conversations or with whom she had the opportunl?ity to have conversations. 321. Because Pennsylvania's courts have held that a statement made in a narrative form is inadmissible, the fact that Ms. Davis relayed her account to police in such a form makes the statement inadmissible hearsay. 337. An important question, "regardless of time lapse, is whether, at the time the statement is made, the nervous excitement [due to the startling event] continues to dominate 4 0 the other hand, opposing counsel may attempt to argue that the "startling event" occurred when Plaintiff drove past Ms. Davis's vehicle. The burden in this instance would be on Defendant to demonstrate to the court at the passing event qualifies as a startling event for purposes of this exception. In Pennsylvania civil cases, a following have been found "to qualify as startling or exciting events: a traffic accident, a slip and fall acciden , a fire, inhalation of toxic fumes, and a severe electric shock." 1 West's Pa. Prac., Evidence § 803(2)-1 ( d ed.). Considering that thousands of people are passed on the road every day in this state, Defendant' expected argument that the passing event constitutes a startling event for purposes of this section must fail. Further, and importantly, the mere fact that a "startling event" may have occurred is insufficient for admission f a hearsay statement. All elements of the rule must be met. 'According to Trooper McCullough's Police Crash Reporting Form, p. 7, and his testimony, McCullough Dep., Mar. 275, 2009, 41:18-22. -7- While the reflective processes remain in abeyance." Commw. v. Carmody. 799 A.2d 1430 147 (Pa. Super. Ct. 2002) (citing Commw. v. Gore. 396 A.2d 1302 (Pa. Super. Ct. 1975)). 34. No evidence exists in the police report nor in the testimony of Trooper McCullough that suggests Ms. Davis "showed or expressed any emotion at all, let alone an overpowering emotion." Harris. 880 A.2d at 1278. 39. Because of the narrative nature of Ms. Davis's statement to Officer McCullough, combined with the facts that she did not witness the accident, that she made the statement 40 minutes after the accident, and she displayed no signs of any emotion, "let alone an overpowering emotion," her statements should be deemed inadmissible hearsay, not subject to the exited-utterance exception, and should be excluded from admission in this action. 36. Ms. Davis's diary and her two recorded statements are also inadmissible hearsay that do not fall under any of the aforementioned exceptions; further, they cannot be afforded the level of reliability that attaches to records officially gathered. A Ms. Davis's diary and recorded statements regarding the instant accident were composed after Ms. Davis had enough time to gather her thoughts and put them on paper and in words, thus removing the possibility that they might fall under the present sense impression or excited utterance exceptions to the hearsay rule. 30. In Commonwealth v. Levanduski, the Superior Court held that a letter written by a decedent was inadmissible under the present-sense-impression or excited-utterance exceptions, because it was not written as events were perceived and there was no evidence that the letter was written while the author was under the stress of excitement caused by some shocking occurrence. Commw. v. Levanduski. 907 A.2d 3,18-19 (Pa. Super. Ct. 2006). -8- 39. Because Ms. Davis's diary was not written, nor were her statements provided, during the stress of the exciting event - here, the accident - and they were also not prepared while she,, perceived the accident or immediately thereafter,b they do not fall within any of the hearsay exceptions and, as such, are inadmissible. 40. Ms. Davis's statement to Trooper McCullough, her diary and her recorded statements all constitute inadmissible hearsay evidence. 4. Further, in Pennsylvania, "it is the trial court's function to exclude evidence which would confuse the jury and divert their attention from the primary issues in a case." Gallegorr Felder, 478 A.2d 34, 38 (Pa. Super. Ct. 1984). 42. Because any previous statements made by Ms. Davis, including the recorded statements, the statements to Trooper McCullough and her diary entry, are inadmissible as hearsay, any reference to Ms. Davis as an eyewitness or witness to the accident would serve only to confuse the jury and cause them to question why they are unable to hear testimony from Ms. Davis. 43. In addition to excluding Ms. Davis's statements and her diary, any reference to Ms. Davis) should be excluded so as to avoid confusing the jury. 44. Further, because of Ms. Davis's declining health, Plaintiff s counsel never had the opportunity to cross-examine incident. Ms. Davis on her previous statements and accounts of the 6In Ifact, Ms. Davis did not "perceive" the accident at all, but only heard the sound of the collision occurring. ee Trooper McCullough's Police Crash Reporting Form, p. 7, and his testimony, McCullough Dep., Mar. 25, 20 9, 41:18-22. -9- 45. For the above reasons, Plaintiff respectfully requests that this court exercise its discretion in precluding the statements of Ms. Davis to Trooper McCullough, the statements Ms. Davis entered into her diary, the statements made in providing a recorded statement, and any evidence referencing or relating to Ms. Davis or her statements. -10- ' WHEREFORE, Plaintiff moves this Honorable Court for the issuance of an Order precluding the Defendant from making any reference to, offering any testimony of, introducing into evidence any matter regarding, or implicating in any other manner evidence relating to the witness, Ms. Davis. In the alternative, Plaintiff requests the opportunity to present oral argument on the issue. Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP Date: [it By: Matth- rD ew S. Crosby, Esq. I.D. # 69367 Attorneys for Plaintiff -11- A I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA $EN3AMIN 3. RITTER, by and CIVIL ACTION - LAW through his natural parent and legal guardian, CANDI YINGER, Plaintiffs No. 2008-4552 Civil Term V. HEATHER L. WOLF, Defendant, oral Deposition of TROOPER MICHAEL R. MCCULLOUGH DATE: Wednesday, March 25, 2009 TIME: 10:07 a.m. PLACE: 32 South Bedford Street Carlisle, Pennsylvania TAKEN BY: Defendant APEX REPORTING SERVICE By: Sharon L. Dougherty P. 0. Box 6265 Harrisburg, PA 17112-0265 717.545.3553 EXHIBIT A 2 1 2 3 4 5 6 7 8 9! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: gor the Plaintiffs: MATTHEW S. CROSBY, ESQUIRE HANDLER, HENNING & ROSENBERG 1300 Linglestown Road Harrisburg, PA 17111 For the Defendant: JEFFERSON J. SHIPMAN, ESQUIRE JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 I N D E X Witness Page No. Trooper Michael R. McCullough (Examination by: Mr. Shipman 3 'Mr. Crosby 28 'Exhibits Marked No. 1 (Crash Reporting Form) 3 No. 2 (Two Photographs) 18 No. 3 (Two Photographs) 19 APEX Reporting Service 1 P R O C E E D I N G S 3 2 3 S T I P U L A T I O N 4 it is hereby stipulated by and between counsel for the 5 respective parties that signing, sealing, certifying, and 6 filing are hereby waived, and that all objections, except to 7 the formiof the question, are reserved to the time of trial. 8 9 MICHAEL R. MCCULLOUGH, 10 having been sworn, testified as follows: 11 (Deposition Exhibit No. 1, 12 crash Report, produced and marked for identification.) 13 14 EXAMINATION 15 BY MR. ISHIPMAN: 16 a would you please state your full name for the 17 deposition transcript? 18 A My name is Trooper Michael R. McCullough. I am 19 employed with the Pennsylvania state Police. At the time of 20 the crash I was assigned to patrol, Carlisle Barracks. I am 21 currently assigned to Chambersburg Patrol Barracks. 22 Q Trooper, my name is Leff Shipman. I am an 23 attorney here in Cumberland county, and I represent Heather 24 wolf who is involved in a lawsuit that was filed by Benjamin 25 Ritter here in Cumberland County. 1 A okay. 2 Q Trooper, can you give us first a little bit of 3 background information about you, your education and your 4 training leading to becoming a Pennsylvania state Police 5 Trooper? 6 A when I graduated high school, I joined the Air 7 Force. I was employed in the Air Force Reserve originally as 8 a security force member which is a military police officer. 9 1 went through college, had my Associate's Degree 10 in criminal justice. I went through the Harrisburg municipal 11 Police Academy, and was employed with Greencastle Borough 12 Police Department for just shy of two years. 13 1 then was employed with the chambersburg Police 14 Department for approximately one year as a full-time police 15 officer through them, at which time I applied to the 16 Pennsylvania state Police and was accepted as a trooper which 17 1 began my career in December of 2005. 18 Q As part of your training at the Pennsylvania 19 state Police, can you tell us about that? Did you receive any 20 training in terms of accident investigation? 21 A Yes. In HACC, the Harrisburg municipal Police 22 Academy, I received a basic crash investigation course, as 23 well as the Pennsylvania state Police Academy. I have a basic 24 crash investigation course as well. 25 Q when did you then begin your work for the state 5 1 The case, as you know, arises out of an accident 4 2 that happened here in Cumberland county back in August of 3 2006. 4 The purpose for our meeting here today is for me 5 to have an opportunity to meet you and to ask you some 6 questions about your investigation in this case and the report 7 that you prepared which we have marked as an exhibit to the 8 deposi tli on. 9 As you can see, there is a court reporter here 10 and she's transcribing what we say. so it's important for you 11 to listen to the questions that I have or the attorney for 12 Mr. Rit1ter may have for you as well, matt Crosby, and if you 13 hear thllle question, you understand the question, then we would 14 ask you',to give a verbal, spoken answer to the question so 15 that the court reporter can take down your response. In other 16 words, ?he can't take down a nod of the head or um-hum or 17 huh-uhd and we will remind you about that as we go along here. 18 if you don't understand a question that one of us 19 has forliyou or you are not following it or for some reason 20 it's not clear, just let us know that and we will be happy to 21 reask the question so that you do understand it. 22 Also, if for any reason you need to take a break, 23 although I don't think we will be all that long, if you do 24 need toltake a break, please let me know that and we will be 25 happy to accommodate you. okay? 1 Police? was that in December of 2005? 2 A Yes, si r. 3 Q where were you stationed at that point in time? 4 A The Carlisle State Police Barracks in Cumberland 5 County. 6 Q Is that where you were working as a patrol 7 trooper when this crash occurred? 8 A Yes, si r. 9 Q In August 2006? 10 A Yes, sir. 11 Q As you sit here today, do you have a recollection 12 of being at the scene of this crash there at Route 34 in 13 Dickinson Township? 14 A Yes, sir. 15 Q Now, we have marked for the deposition a copy of 16 the Pennsylvania state Police crash Report which is identified 17 as incident No. H02-1591863. we have marked that as an 18 exhibit to your deposition. so what that means is it's going 19 to be attached to your deposition transcript as an exhibit, as 20 Exhibit No. 1. 21 As we ask questions of you throughout the course 22 of the deposition, we may refer to it as Exhibit 1. It's the 23 crash Report. okay? 24 A Yes, sir. 25 Q were you the principal and lead investigator for 6 Apex Reporting Service 1 this particular crash? 7 2 A Yes, sir. 3 Q Looking at the Crash Report, Exhibit 1, Trooper, 4 Page No. 1, it indicates here that you were dispatched to this 5 particular crash at 10:48 a.m. and you arrived on the scene at 6 11 a.m.; is that correct? 7 ,A Yes, sir. 8 It has your name there, investigator Trooper M. 9 McCullough. 10 ,A Yes, sir. 11 Q Now, the crash itself occurred at what location 12 as it's identified here? 13 iA it was the intersection of Carlisle Road and 14 Myerstdwn Road which is in Dickinson Township, Cumberland 15 County; 16 q It occurred on August 5, 2006 at the crash time 17 of 10:40 a.m.; is that correct? 18 A That is an approximate time, yes, sir. 19 Q It was a Saturday. 20 A Yes, sir. 21 q Now, the roadways that were involved, the 22 principal road is identified as state Route 34 with two travel 23 lanes and a speed limit of 55 miles per hour; is that right? 24 A Yes, sir. 25 Q state Route 34, is that generally a north/south 1 roadway there 8 going through Dickinson Township? 2 A Yes, sir. 3 q That is a principal road that I am fairly 4 familiar with. It goes from Carlisle down to Gettysburg, the 5 road between Carlisle and Gettysburg. 6 A Yes, sir. 7 ¢ From Mt. Holly Springs and Gettysburg. 8 7{ Yes, sir. 9 q Now, Page No. 2 of the crash Report identifies 10 unit Nq. 1 as being operated by Benjamin Ritter; is that 11 right?' 12 A! Yes, sir. 13 q He was living at 1328 Pine Road, Lot 5 in 14 Carlisle at the time. 15 Yes, sir. 16 q Page No. 2 also identifies the vehicle that he 17 was op rating at the time which was a motorcycle. it's 18 identified as a 2001 Suzuki GSx-R 750; is that right? 19 NI Yes, sir. 20 q it appears as though that motorcycle was owned by 21 a candid, C-A-N-D-I, Yinger, also of the same address as 22 Benjamin Ritter. 23 A', Yes, sir. 24 Q''., Then Page No. 3, we are just identifying the 25 partieslhere. Page No. 3 identifies my client, Heather wolf, 1 of 33 Kutz Road in Carlisle, correct? 9 2 A Yes, sir. 3 Q And she was operating a 1997 Honda Civic Lx, 4 according to the report on page 3. 5 A Yes, sir. 6 Q Page 4 of the report, what is contained here? 7 Are these the individuals who were occupying the vehicles? 8 A Yes, sir. it refers, if you look to the unit 9 number, it refers to the unit number which corresponds with 10 the unit number on the previous pages. The first person being 11 unit 1, person being Unit 1 who is the operator. Person one 12 is the operator of unit 1. Then it just goes into some codes 13 of where they were seated in the vehicle and what type of 14 restraints they may have had and if they were ejected or not. 15 Q Then Page No. 5 of the report, in your words, 16 what is contained on that page, Trooper? 17 A This is basic information as far as the crash. 18 it starts out with what type of crash it was, whether it be a 19 head-on collision, side swipe, T bone style, an angle, 20 different types of collisions, where the collision actually 21 took place, whether it was in the travel lanes, off the 22 roadway, on the berm of the roadway, what the weather 23 conditions were, illumination, and road surface was like at 24 the time of the crash. 25 Q I see in Box No. 16 and 17 there are descriptions 1 of harmful event and first harmful event in the crash. can 10 2 you tell us what you indicated in these Blocks 16 and 17 for 3 us? 4 A It corresponds -- you put both of the -- since it 5 was a two vehicle crash, both units are listed here. The 6 first one being unit 1. The first harmful event in the crash 7 would be that unit 1 struck Unit 2 in which there is a block 8 that corresponds beside that being that it's the most severe 9 harmful event in the crash. 10 Then it goes on to unit 2 which states that 11 unit 2, the corresponding No. 11, and if you look over to the 12 right it says that unit 2 was struck by unit 1 which also 13 correlates back to the most harmful event in the crash. 14 Q what is the significance of being identified as 1S unit 1 or unit 2? 16 A It's common procedure that unit 1 is generally 17 the unit that is held either responsible or the unit that is 18 most at cause for the crash or the most causal factors for the 19 crash. 20 Q Now, down at the bottom of Page No. 5 in Box 21 No. 19 there is a description identified as -- indicated prime 22 factor. what does that mean? 23 A Prime factor means it -- helps us list as far as 24 who we feel that the -- what unit was most at fault for the 25 crash and what the causal factor was that caused the crash Apex Reporting Service I making that unit at fault. 11 2 Q what did you indicate in Box No. 19 on page 5? 3 A I indicated that the prime factor was a driver 4 factor being that unit 1 and then code 23 which corresponds to 5 a speeding violation, which means that the driver of unit 1 6 was driving at an excessive speed or was speeding at the time 7 of the crash, which is the first or main causal factor of the 8 crash. 9 Q so when we look at Box No. 19 under indicated 10 prime factor, you have filled in the little oval there under 11 the letter o. 12 A Yes. 13 Q That means it was driving factor. 14 A Yes. 15 Q Then on the other half of Page No. 5 you have, 16 under driver action, Unit No. 2 as having no contributing 17 action, 00; is that right? 18 A That's correct. 19 Q The next page of the report is Page No. 6 and it 20 appears as though on this page you can get into more specifics 21 in terms of the vehicles that were involved, and in this case 22 since there was a motorcycle, you needed to complete Box 23 No. 26 that has a more detailed description I guess of the 24 motorcycle; is that right? 25 A That's correct. 1 Q You identify it, unit 1 as having an engine size 12 2 of 750'ccs. 3 A Correct. 4 Q How did you get that information? Is that from 5 the motorcycle itself, observing it, viewing it? 6 A lust being familiar with the motorcycle. The 7 suzuki!GSx-R 750 is approximately a 750 cc engine size. 8 Q Are you familiar with that particular motorcycle? 9 A Yes, I am. 10 Q How are you familiar with it? 11 A I had a GSx-n 750 at one time. 12 Q Before this accident or -- 13 A Yes, prior to. 14 Q when did you own that same motorcycle or similar 15 motorcycle? 16 A, I believe it would have been in 2000, 1 believe. 17 It was,a 1999. so I believe it was 2000, 1999/2000, somewhere 18 in there. 19 Q How long did you have it? 20 A Approximately two years. 21 Q were you familiar with its operation? 22 m Yes, sir. 23 This motorcycle was a 2001 Suzuki. Yours was a 24 1999, you said? 25 A Yes, Sir. 1 Q Now, in Block No. 26 there are some other 13 2 descriptions here. It reads, motorcycle has, question mark, 3 driver has, question mark. can you tell us what those are 4 indicating? 5 A There are blocks underneath that get specifically 6 with -- what the description of the driver is, whether he was 7 wearing a helmet, whether he wasn't wearing a helmet. 8 First one being, where it says, motorcycle has, 9 question mark, a passenger, which I indicated that no 10 passenger was present on the motorcycle. 11 Then the next one was saddle bags or trunk which 12 also is no. Trailer, that there was no trailer involved, and 13 as far as motorcycle education, I did not have any information 14 stating that the individual did have motorcycle education, and 15 also did not have any information stating that he did or did 16 not. so I have a "u" in there for unknown whether he did have 17 a motorcycle education class or not. 18 Q so at the time of your investigation you were not 19 able to make any determination as to that. so you put a "u" 20 in that particular block. 21 A That's correct. 22 Q How about under driver protection? 23 A As far as driver protection, the first one being 24 eye protection, yes. The driver of the motorcycle was wearing 25 a full-face helmet with a shield, a full-face shield. so it 1 was -- he did have eye protection. whether it was in place or 14 2 not, we don't know at the time of the crash, but yes, he in 3 fact did have eye protection. 4 As far as the operator of the motorcycle, whether 5 he was wearing long sleeves, long pants, it also is unknown 6 because the operator was transported by helicopter prior to my 7 arrival. so it was unknown what type of clothing he was 8 wearing. 9 However, there was a shoe at the scene. so in 10 the over-ankle boots question, I answered no because he was 11 wearing sneakers because it was left at the scene. 12 it goes on to helmet type, which I indicated 13 a No. 1 which relates to a full-faced helmet. Then the 14 question, did the helmet stay on, I answered no. The helmet 15 was DDT or Snell Designation, I answered, yes, that it was. 16 Q It's my understanding that by the time you 17 arrived on the scene, Mr. Ritter had been taken from the scene 18 1 guess by ambulance. 19 A Yes. 20 Q Now, Page No. 7 of Exhibit 1 has a diagram of the 21 accident scene. Did you prepare that diagram? 22 A Yes, I did. 23 Q Then Page No. 7 also has a narrative description 24 of the accident. Did you also prepare that full narrative, 25 what we see typed here on Page No. 7? Apex Reporting Service 1 A Yes, I did. 2 Q Does that continue over on to Page No. 8 as well? 3 A That's correct. 4 Q Page 7 also lists two witnesses, a Wesley, 5 W-E-S-L-E-Y, Metzger, M-E-T-Z-G-E-R, of 243 Peach Glen Road 6 in Gardners, Pennsylvania; and a Marian, M-A-R-I-A-N, Davis of 7 4341 Carlisle Road, also in Gardners; is that correct? 8 A Yes, sir. 9 Q Then also identifies their respective telephone 10 numbers. 11 Looking at the narrative portion of the report, 12 if you could read into the record, Trooper, what you have 13 written in the first paragraph, please. 14 A The first paragraph states that unit 1, there was 15 a cell phone present, but was not in use. unit 2 also had a 16 cell phone present and was not in use at the time of the 17 crash.' 18 The paragraph goes on to state, the crash 19 occurred as unit 1 was traveling north on SR 34 which is 20 carlisie Road at a high rate of speed. unit 2 was traveling 21 south On Carlisle Road. unit 2 made a left turn to travel 22 east on myerstown Road. unit 1 crested the hill and struck 23 unit 21in the northbound lane of Carlisle Road in the 24 intersection of Myerstown Road. unit 2 came to rest in the 25 eastbound lane of Myerstown Road facing east. unit 2 traveled 15 1 individuals, I believe it's Trooper Pushart, actually came out 17 2 to this accident scene and did his own investigation. 3 A Yes, sir. 4 Q Are his findings contained within the Exhibit? 5 A Yes, sir. He supplemented my report at a later 6 date. 7 Q Are those pages 15 through 18? 8 A Yes, sir. 9 Q so when you say that unit 1 traveled over 300 10 feet before coming to rest, you are relying on your own 11 observations at the scene, but also on the CARS investigation 12 by Trooper Pushart. 13 A Yes, sir. 14 Q continuing with your narrative, can you read the 15 next paragraph into the record where it starts, I arrived? 16 A The next paragraph states, I arrived on scene and 17 found both units at final rest position. operating 2 was out 18 of the vehicle and did not appear to be injured. operator -- 19 there again, that should be operator 1 -- had been flown by 20 helicopter to Hershey medical center for treatment of life 21 threatening injuries. 22 Q can you continue there, please? 23 A Physical evidence I observed at the scene, a 24 large debris field in the northbound lane of Carlisle Road and 25 myerstown Road which could be attributed to the point of 1 over 300 feet before coming to rest in the northbound lane of 16 2 Carlisle Road. 3 Q Now, first of all, the last sentence, unit 2 4 traveled over 300 feet, should that be operator 1 of unit 1? 5 A That's correct, it should be unit 1. 6 How were you able to determine that Unit 1 7 traveled over 300 feet before coming to rest? were there some 8 measurements out there? 9 A Yes, there was. I requested that a CARS trooper 10 who is'',specially certified in accident reconstruction, 11 accident investigation, respond, as well as Trooper Frampton 12 who isl1from the FSU, Forensic services unit, who responded to 13 do theliphotography of the crash scene. 14 Both of those individuals took over once they get 15 there and took pictures of the crash scene. That is where the 16 approx1mation of 300 feet came in. Like I say, that is an 17 approximate estimation that I made. if you refer back further 18 in the report, they supplemented my report with exact 19 measurements. 20 Do you know what that stands for, CARS? 21 A I don't officially. It's an accident 22 reconstruction, collision accident. I am not sure exactly 23 what its stands for. 24 so there is a unit within the Pennsylvania state 25 Police that is identified as CARS, and one of those 1 impact. There was approximately 300 feet of debris field 18 2 which could be attributed to unit 1. There were no skid marks 3 prior to the collision that could be attributed to either 4 unit. 5 Q Now, did you actually observe the debris from the 6 motorcycle -- 7 A Yes, sir. 8 Q -- at the scene? 9 Is it your testimony that it appears to be -- 10 that debris appeared to be scattered approximately 300 feet 11 from the point of impact further north along Carlisle Road? 12 A Yes. sir. 13 Q we have some pictures here that I would like to 14 have marked Exhibit 2. 15 (Deposition Exhibit No. 2, Two Photographs, produced and 16 marked for identification.) 17 BY MR. SHIPMAN: 18 Q Trooper, I am showing you what has been marked as 19 Deposition Exhibit 2. Do those pictures identify or show the 20 debris that you are referring to? 21 A Yes, sir. 22 Q Is that from approximately the point of impact 23 looking north on Carlisle Road? 24 A Yes. It appears to be an approximate point of 25 impact looking north, yes. Apex Reporting Service 1 Q Is that unit 1 that we see -- is unit 1 depicted 19 2 in one of the photographs? 3 A Yes, at the very far north end of the photograph 4 is Unit 1. 5 Q It appears to be lying in the northbound lane. 6 A Correct. 7 (Deposition Exhibit No. 3, Two Photographs, produced 8 and marked for identification.) 9 BY MR. SHIPMAN: 10 Trooper, I will show you another photograph which 11 we will have marked as Deposition Exhibit No. 3. can you tell 12 us what is depicted in that picture or those two pictures or 13 on tha4 page? 14 A The top picture on the page again is more debris, 15 as well as you can see some items on the embankment where it's 16 believed the motorcycle was tumbling on the embankment. 17 The bottom picture appears to be either a 18 headlight, possibly a headlight or a gauge cluster, some parts 19 off oflthe motorcycle. 20 Q Looking back at your narrative, you indicated 21 that there were no skid marks prior to the collision that 22 could be attributed to either unit. As part of your 23 investigation of an accident scene like this, is that 24 something that you look for, skid marks? 25 q Yes, sir. 1 Do you have a recollection of looking for any 20 2 skid m?rks from unit No. 1, the motorcycle? 3 d Yes, sir. we looked for skid marks from both 4 vehicles to see whether or not either vehicle saw the other 5 vehicl? and tried to either avoid the collision or tried to 6 slow down prior to the collision. 7 You saw no skid marks on the roadway attributable 8 to either unit. 9 d No, not from braking prior to the collision, no, 10 sir. 11 9 what if any significance is that to you in terms 12 of unit] No. 1? 13 N As far as unit No. 1, to further explain the 14 scene, there was a hill which dropped off. If you are 15 traveling southbound on Carlisle Road, there is a hill there. 16 The fat that there is no skid marks from unit 1 shows that he 17 either did not apply the brakes hard enough to leave a skid 18 mark o did not have time to apply the brakes prior to the 19 collision. 20 Q Now, the next portion of your narrative begins 21 with, ill interviewed operator 1 on August 5, 2006 at 22 approximately 1110 hours at the scene of the crash. 23 A, operator 2, yes. 24 Operator 2. 25 A correct. 1 Q I interviewed operator 2. 21 2 A Correct. 3 Q what did operator 2 relate to you? 4 A It says in my narrative, operator 2 related that 5 she was attempting to turn left from Carlisle Road onto 6 Myerstown when she heard a loud crash and felt her vehicle 7 being struck. operator 2 related that the air bags in her 8 vehicle deployed and she did not know what happened until her 9 vehicle came to rest and she saw unit 1 lying in the roadway. 10 unit 2 or operator 2 related that she did not see 11 unit 1 prior to the crash. Operator 2 related that she was 12 wearing her seat belt and that her two children were in child 13 safety seats in the rear seat of unit 2. 14 Q Then you also interviewed both witnesses, 15 Mr. Metzger and Mrs. Davis; is that correct? 16 A Correct. 17 Q Now, did you interview them also at the scene? 18 A Yes. 19 Q Beginning with witness No. 1, wesley Kyle 20 Metzger, it appears as though you interviewed him on the date 21 of the accident also at approximately 11:10 a.m. 22 A Correct. 23 Q so this was within approximately a half an hour 24 of the crash or within an hour or so of the crash. 25 A Correct. 1 Q First of all, read what Mr. Metzger related to 22 2 you as you have typed on your narrative, please. 3 A Mr. Metzger related that he was following unit 1 4 traveling north on Carlisle Road. Metzger related that unit 1 5 began to drive away from him at a high rate of speed. Metzger 6 related that unit 1 was going an estimation of approximately 7 100 miles per hour. Metzger related that he did not see the 8 accident, however, arrived several moments after the accident. 9 Q Trooper, do you have a recollection of speaking 10 to Mr. Metzger at the scene? 11 A Yes, sir. 12 Q Do you have a recollection of where the interview 13 occurred? were you in a patrol vehicle? were you standing 14 somewhere around the accident scene with him? 15 A Yes, sir. 16 Q As best as you recall, what were the specifics of 17 that? 18 A Yes, we were -- he actually had arrived at the 19 crash scene, like I say, several moments after the crash 20 happened and stayed there until our arrival. At the point 21 where I interviewed him, we are at the scene close to the 22 point of impact, close to the intersection. I can't recall 23 exactly where we were standing, whether it will be on the 24 roadway or off the roadway, but it was very close to the crash 25 scene there. Apex Reporting Service 1 when I interviewed him, he related that he was an 23 2 acquaintance, if not a friend, of operator 1, and that he was 3 following -- I don't recall for what reason or where they were 4 headed,' but he was actually following Unit 1 knowing who was 5 driving the motorcycle and he was following him. 6 Q Did you happen to take any notes of this 7 conversation that you would still have or -- 8 A No notes that I would still have, no. 9 Do you specifically recall him telling you that 10 he estimated unit 1 was traveling approximately 100 miles per 11 hour? 12 A Yeah. I specifically asked him how fast they 13 were traveling, and he stated that, you know, initially they 14 were traveling approximately around the speed limit and he 15 said when unit 1 I guess accelerated away from him and he was 16 still traveling approximately the speed limit, he said that 17 unit ll,accelerated away from him at a very high rate of speed, 18 and at ',that time is when I asked him, could you approximate 19 the spejed or how fast do you think maybe he was going, and he 20 said that he approximated 100 miles an hour. 21 q You specifically recall him using that speed? 22 A Yes. 23 q Did you say anything in follow-up to him about 24 that on did you pretty much take it as fact that this is what 25 he was'iapproximating it and made a mental note of that and 1 then put that in your report or was there any additional 24 2 conversation. with him beyond that as best as you remember? 3 p As best I remember, that is the conversation that 4 we had. There was really no follow-up. I mean, as far as -- 5 I mean,; I realize an individual can estimate. I mean, I 6 didn'tjput a whole lot of weight into the speed. 7 However, if he estimated he was going 8 approximately 55 mile an hour and accelerated away from him at 9 a high lrate of speed, I would say that it would be plausible 10 that tiat would be a plausible speed, but obviously it's an 11 estimation. 12 q Now, I note that on your report, Page 2, you made 13 an estimated speed in Box 12 on Page 2 of 90 miles an hour. 14 p Correct. 15 How did you -- 16 That speed was -- Trooper Pushart came back to 17 the ba?racks after we were done at the crash scene and took 18 just s me preliminary measurements that we had that day 19 without -- he has a whole program that he uses which takes 20 weeks,,if not months to complete. 21 Just with preliminary investigation at the scene 22 and a ouple measurements, he was able to estimate that the 23 estimated speed was approximately 90 miles an hour. 24 q so the information that you have in that block on 25 Page 2l!is coming from the work that the CARS investigator did, 1 Trooper Pushart. 25 2 A Yes, sir. Like I say, that was a preliminary 3 speed as far as, you know, we have to put a speed in there as 4 far as -- and it's an estimate and a preliminary speed with 5 the original data that we had had. 6 Q Now, you also interviewed Marian Davis. was she 7 an older woman, do you remember, sort of an elderly lady? 8 MR. CROSBY: I will object to the form on behalf 9 of Ms. Davis. Go ahead. You can answer. 10 BY MR. SHIPMAN: 11 Q Do you remember her at all? 12 A I don't recall older. I know she was an adult 13 woman. she was not a young lady. she was of middle age or 14 older. 15 Q what did she tell you happened? 16 A Ms. Davis related that she was actually pulling 17 out of her driveway when she had heard a loud noise behind her 18 and she witnessed Unit 1 traveling past nearly -- I have 19 written down here that unit 1 nearly sideswiped her vehicle in 20 the 4000 block of Carlisle Road. 21 she went on to state that she remembered thinking 22 to herself that -- and I have it in quotes, that he is going 23 to kill himself when she was referring to how operator 1 was 24 driving Unit 1. 25 she went on to relate that when she crested the 1 hill prior to the intersection of Carlisle Road and Myerstown 26 2 Road, the crash had already occurred. 3 Q Again, with respect to Mrs. Davis, do you have a 4 specific recollection of meeting with her at the scene and 5 having that conversation with her? 6 A Yes, sir. 7 Q Then Page No. 8 of the report seems to indicate 8 the name of the ambulance company that responded to the scene. 9 You have the names of the Yellow Breeches Ambulance crew 10 members there, and it also looks as though west shore EMS also 11 responded. 12 A Yes, sir. 13 Q Both vehicles were disabled and damaged and taken 14 by Hippensteel's Towing. 15 A Yes, that is who towed both vehicles. 16 Q Then you also reference on Page No. 8 17 Trooper Pushart's response as well as Trooper Frampton's 18 response, and it looks like Trooper Frampton actually 19 photographed the crash scene. 20 A correct. 21 Q Trooper, it was not my intention today to get 22 into Trooper Pushart's detailed accounting. I probably will 23 make contact with him at the appropriate time and ask him to 24 take us through his analysis on what he did. 2S was my client, Mrs. wolf, was she cooperative Apex Reporting Service I with you in your investigation? 2 A Yes. 3 Q were you involved in determining where the point 4 of impact was on the roadway? 5 A It was mainly Trooper Pushart who took care of 6 the specifics of the crash. You can see an approximate debris 7 field just from responding to crashes in the past and crashes 8 1 havelinvestigated. You can look at a crash and see an 9 approximate point of impact, but Trooper Pushart is more 10 qualifijed to document the actual point of impact and what he 11 looks at to determine that. 12 1 am curious, Trooper, based upon your experience 13 with tfh'e particular motorcycle, whether that motorcycle can 14 get up'to speeds in the 90 to 100 mile per hour range? 15 p oh, absolutely. very quickly. 16 q How do you know that? This was before you were a 17 trooper, right? 18 A Yes, sir. 19 Q But based upon your experience. 20 A Yeah. I am familiar with motorcycles. I read a 21 lot about motorcycles. That motorcycle is one of the most 22 high performance motorcycles in that engine range that you can 23 get. that motorcycle is used for racing. It's -- 1 believe, 24 if I recall correctly, reading in a magazine that that 25 motorcycle is capable of close to 200 mile an hour speeds, 1 180, 1?0 mile an hour speeds. 2 MR. SHIPMAN: I think those are all of the 3 questions I have for you right now, Trooper. Thank you 4 EXAMINATION 5 BY MR, iICROSBY: 6 Q Good morning, Trooper. my name is Matt Crosby. 7 we met just before the deposition began. I represent Ben 8 Ritterlias a result of this accident, and I have some follow-up 9 questions for you this morning. 10 Trooper, did you review any documents before 11 comingiin for your deposition here this morning? 12 a I reviewed the crash Report before I came in, 13 yes. 14 q Any other documents? 15 No, sir. 16 Did you review any photographs before you came 17 in?'.. 18 p No, sir. 19 Y Did you speak with anyone at Mr. Shipman's law 20 firm, Johnson Duffie, regarding your deposition? 21 o No, sir. 22 cj You indicated earlier that you did have some 23 training before this crash in accident investigation. is that 24 accurate? 25 d Yes. sir. 27 1 Q Prior to this crash, did you have any training in 29 2 accident reconstruction? 3 A A basic accident reconstruction class, yes, sir. 4 Q That would be a single class? 5 A Yes, sir. 6 Q when was that? 7 A Like I explained before, I had one at the 8 municipal Academy approximately 2003, 2004, and then one in 9 2006 for the state Police. 10 Q so it would have been two separate courses? 11 A Yes, sir. 12 Q I wasn't clear if those were accident 13 reconstruction or investigation courses or both or don't you 14 know? 15 A obviously, I don't know -- they are basic 16 introduction to crash, crash investigations. 17 Q Trooper, if you could turn to Page 3 of your 18 accident report in this matter. Down in Box 12, the bottom of 19 the page, left side where it indicates initial impact point, 20 do you see that? 21 A Yes. sir. 22 Q This is referring to Heather wolf's vehicle; is 23 that correct? 24 A Yes, sir. 25 Q You indicate an initial impact point of 10. 28 1 A Yes, sir. 30 2 Q That would essentially be the arms of a clock. 3 A Yes, sir, approximately 10 o'clock. 4 Q so 10 o'clock would be just to the left of 5 center, is that fair? 6 A Yes, sir. 7 Q Ms. wolf has stated, and I will represent to you 8 that Ms. wolf has stated that the impact, the initial impact 9 was to her driver's side headlight. is that consistent with 10 your investigation? 11 A The initial impact point, you know, we have to 12 put something in there obviously. This is, like I said, 13 preliminary to Trooper Pushart's investigation. obviously the 14 impact of her vehicle was -- I would say, looking back on it 15 now, yes, it was closer to the headlight portion, closer to 16 the front of the car than the 10 o'clock point, yes. 17 Q You have indicated again, Trooper, on page 3 of 18 your report a vehicle code violation on the part of Ms. wolf? 19 A Yes, sir. 20 Q And you indicate that she violated section 21 3334(a) of the vehicle Cade? 22 MR. SHIPMAN: Just note my objection to the 23 question. 24 BY MR. CROSBY: 25 Q if you understand the question, you can go ahead Apex Reporting Service I and answer it. 31 2 MR. SHIPMAN: You can answer it. It speaks for 3 itself. I just object to your use of the term, she violated. 4 1 think he is making a notation here, but it also indicates 5 that she was not charged. 6 MR. CROSBY: That is fair. 7 BY MR.IICROSBY: 8 what do you mean where it indicates, Primary 9 vehicle code violation of 3334(a) in your report on page 3, 10 Trooper? 11 A I don't have the vehicle code in front of me, but 12 if I am not mistaken I believe that is the requirement of an 13 individual who is turning left to yield the right-of-way to 14 oncoming traffic prior to turning left. 15 Q what is the significance of your notation to 16 3334(a) under Ms. wolf's information on page 3 of the report? 17 well, technically by law, by the letter of the 18 law, b?fore -- prior to turning left at an intersection or 19 turnin? left across oncoming traffic, you have an obligation 20 to mak? sure that the -- you are not turning into the path of 21 oncoming traffic who have the right-of-way. 22 ¢1 was it your opinion when you completed this 23 reportlthat Ms. wolf violated that section? 24 ,p I don't believe that she violated the section or 25 she wohld have been charged. I believe that with the way she 1 turned''-- the way she turned left across oncoming traffic by 32 2 the letter of the law she has an obligation to not pull into 3 the pa?hway of oncoming vehicles. 4 However, she was not charged due to the layout of 5 the r4dway and the speed that unit 1 was going. I don't 6 believ? that there was any way she could have seen the 7 motorcycle approaching or knowing that anyone was coming 8 throug? that intersection. 9 d There is some discretion on the part of the 10 troope? as the investigating officer as to whether to charge 11 someon? with a vehicle code violation or not charge someone. 12 A Yes, sir. 13 R 1 am sure you have had cases before and since 14 this a cident where you found someone to have violated the 15 vehicl Code and not charged them. Is that fair? 16 A Yes, sir. 17 There could be a wide variety of reasons for why 18 you do something like that. 19 A Yes, sir. 20 Have you ever seen any of the photographs that 21 the St:te Police took as a result of this accident? 22 No, sir. This is the first time I am seeing them 23 today) 24 MR. CROSBY: I don't know whose photos those are 25 but -- 1 MR. SHIPMAN: Those were photographs that were 33 2 issued by subpoena to the Pennsylvania state Police. 3 BY MR. CROSBY: 4 Q while we are talking about the photographs, it 5 looks like on Page 16 of the report -- I'm sorry for jumping 6 around. It's the nature of the beast. 7 Trooper Pushart indicates in the middle of the 8 page, this officer took 124 digital photographs at the scene. 9 Is that accurate, Page 16? 10 A Yes, that is what it states, yes. 11 Q Then on Page 10, Trooper Frampton indicates that 12 he also took photographs using a Nikon. 13 A Correct. 14 Q so there would be two sets of photos with the 15 State Police regarding this accident? 16 A I am assuming so. 17 Q You didn't take any photos? 18 A No, sir. 19 Q when you arrived at the scene, Ben was no longer 20 there; is that right? 21 A correct. 22 Q Trooper, how is it, if you recall, how is it that 23 you were the first at the scene? Can you take us through that 24 process of how that works? is there any rhyme or reason as to 25 who shows up at an accident scene? 1 A when you report to work for the day, you are 34 2 assigned a zone, what that zone being, it depends from 3 day-to-day. You could be the southern Interstate car. You 4 could be the northern interstate car. You could be in charge 5 of a township. That is your zone that you are assigned to. 6 Anything that happens in that zone is assigned to that trooper 7 unless exigent circumstances happen or it's a serious crime or 8 they would call in somebody else with more specialty. 9 Q You were assigned to this particular zone. 10 A Correct. 11 Q what is that zone we are referring to? would it 12 be all of Dickinson Township? 13 A I don't recall. It's been two years since I 14 worked in Carlisle. I know the patrol zone was 23 was the 15 zone number. what the boundaries of that zone are, I can't 16 recall off of top of my head. 17 Q There would be one trooper assigned to zone 23? 18 A Yes, sir. Majority of the time, yes, sir. 19 Q Did you have anyone with you in your patrol 20 vehicle? 21 A Yes. 22 Q who was that? 23 A Trooper Brantonies. 24 Q Do you know how to spell that? 25 A B-R-A-N-T-O-N-I-E-S. Apex Reporting Service 1 Q His first name. 35 ? 1 Q Again, your report indicates that you interviewed 37 2 A Michael. 2 Ms. Davis at approximately 11:10 a.m. on the morning of the 3 Q is he still with the State Police? 3 crash? I'm sorry. Not Ms. Davis. Ms. wolf at approximately 4 A Yes. He is actually a corporal with the state 4 11:10 a.m. on the morning of the crash? 5 Police in Carlisle. 5 A correct. 6 Q Do you have anybody with you in the patrol 6 Q You, as you sit here today, you have a specific 7 vehiclq currently? 7 recollection of speaking with Ms. wolf at the scene? 8 A No. 8 A correct. 9 a is there a reason why you had someone with you 9 Q How would you describe her demeanor at that time? 10 back in August of '067 10 A she was upset. 11 A Yes, because I had just -- I was on my coaching 11 Q was she crying? 12 periodiafter getting out of the Pennsylvania State Police 12 A I don't recall if she was actually crying or not, 13 Academy. 13 but she was upset. 14 q How long is that coaching period? 14 Q Did Ms. wolf indicate to you in your interview 15 A' It's two 30-day periods of two separate coaches. 15 that she had left the scene to take her children to a 16 q was this your first -- 16 relative's house immediately after? 17 A Yes, sir. 17 A Yes, sir. 18 q -- 30-day period? 18 Q Did she indicate to you how she did that? on 19 A Yes, sir. 19 foot? 20 q Do you know how far into the 30-day period, 20 A If I recall correctly, I believe it was on foot. 21 coaching period you were at the time of the incident? 21 if I recall correctly, I don't believe either vehicle were 22 A I don't recall. 22 moved from the scene, but I'm not sure. 23 q He was the supervisor, this Trooper Brantonies? 23 Q she had two small children in her vehicle? 24 A Essentially he is a Field Training officer is 24 A Yes, sir. 25 what he is considered. 25 Q According to the police report, they were ages 1 q Did he conduct any interviews as a result of this 36 1 four and six, I believe. The police report will speak for 38 2 accident? 2 itself. 3 A No. He assisted me with my interviews. I am 3 A correct. Yes. That's correct. 4 prettylsure, if I recall corredtly, he was there to witness 4 Q Ms. wolf indicated to you at the time of your 5 the interviews, but the way the FTO, Field Training officer 5 interview t hat she did not see the motorcycle at any point 6 Program is designed, that they are basically a shadow to make 6 prior to im pact? 7 sure that what you are doing is appropriate and what you 7 A Correct. 8 shouldlllbe doing, but the actual investigating trooper is the 8 Q Did she indicate to you whether she heard the 9 one who conducts all of the interviews and does the 9 motorcycle prior to impact? 10 investilgations. 10 A I don't recall. 11 q Did any other troopers other than Trooper 11 Q You also interviewed the witness, Wesley Kyle 12 Frampton and Trooper Pushart respond to the scene of this 12 Metzger, at approximately 11:10 a.m. at the scene? 13 accident? 13 A Correct. 14 A The supervisor that day, the corporal, responded 14 Q You testified about that. 15 due to lithe seriousness. It's a common procedure that the 15 A correct. 16 supervilsor will respond to the scene. I am trying to think 16 Q How would you describe his demeanor? 17 who it was. I believe it was -- I can't think off the top of 17 A He was very upset. 18 my head who the supervisor that day was, but a corporal 18 Q was he crying? 19 responded to the scene. 19 A I don't recall if he was actually crying or not. 20 That wouldn't be in the report anywhere? 20 Q Mr. Metzger indicated that he was following the 21 A No, not the crash Report. 21 motorcycle and the motorcycle began to drive away from him at 22 Anyone else other than that supervisor, whoever 22 a high rate of speed, according to your report. 23 it was,i Trooper Brantonies, Trooper Pushart, and Trooper 23 A correct. 24 Frampton, any other troopers? 24 Q Did Mr. Metzger indicate to you where on Route 34 25 Not that I recall, no, sir. 25 that took place? Apex Reporting Service 1 A if I recall correctly, there is, south of the 2 point of impact, there is a drop in the hill and then the hill 3 goes up the other side, and it was approximately at the top of 4 the hill north of the crash site. off the top of my head, I 5 would approximate maybe two miles, something like that. 6 Q You recall as you sit here today Mr. Metzger 7 telling you that? 8 A He just -- he pointed up to the roadway, yes. I 9 recall approximately where he had taken off from, yes. 10 MR. SHIPMAN: Trooper, when you said that that 11 was north of the crash scene -- 12 THE WITNESS: south. 13 MR. SHIPMAN: Did you mean -- 14 THE WITNESS: South of the crash scene. 15 MR. CROSBY: I was trying to find a photo. I 16 think there is one in here somewhere. 17 BY MR. CROSBY: 18 Q You testified that Mr. Metzger pointed to that 19 general area? 20 A Yes. 21 Q Did he verbally indicate to you that it was at 22 the top of the hill that you referred to earlier that the 23 motorcycle had pulled away from him? 24 A I believe he stated somehow that, not an exact 25 location, but the way I recall the conversation happened, that 39 1 Q other than the two witnesses identified in 41 your 2 report, Wesley Metzger and Marian Davis, are you aware of any 3 other witnesses to the accident? 1 it was far away enough that he witnessed the motorcycle I 40 2 believe going past the other witness, Mrs. Davis, but far 3 enough away where he didn't see the crash occur. 4 Q is it fair to say that we are not precisely sure 5 where that took place? 6 A Correct. 7 Q Witness Metzger related to you that he did not 8 see the impact take place; is that correct? 9 R. Correct. 10 Q So he wasn't able to give you any speed estimate 11 at the time of the impact; is that correct? 12 A Correct. 13 Q The same is true for witness Davis? 14 A That's correct, but I believe her driveway is 15 very chose tc the -- within several hundred feet of the crash 16 site, 7 believe. 17 well, actually was Ms. Davis able to give you an 18 estimate on the motorcycle speed at anytime? 19 a No, she did not give me a speed. 20 she also did not see the impact? 21 correct. 22 Are you aware, Trooper, as to whether the area of 23 Route 34 at Ms. Davis's driveway is a passing or no passing 24 zone or don't you know? 25 i don't recall off the top of my head. 4 A No, sir. 5 Q Did you ever speak with or interview a gentleman 6 by the name of Luke Campbell? 7 A Not that I recall. 8 Q Do you recall whether any other individuals were 9 in the vehicle that Mr. Metzger had been operating? 10 A I don't recall. I know when I arrived at the 11 crash scene there were several individuals there. 12 Q with Mr. Metzger? 13 A Yeah, in the general area that were friends that 14 had knowledge of the crash that were friends with Mr. Ritter. 15 Q You didn't speak with any of those other 16 individuals? 17 A Not that I recall. I may have. I don't recall. 18 if they would have had anything that I believed to be 19 pertinent to the investigation, I would have written it down 20 in the report, but I don't recall speaking with them. 21 Q lumping around again here, Page 10 of the report, 22 Exhibit 1, indicates that, the last sentence there, Trooper 23 Frampton tells us to refer to Trooper H FSU No. 2006-0440. Dc 24 you see that? 25 A Yes. 1 Q what is that? 42 2 A I'm not 100 percent sure. I believe that is a 3 type of reference number that they use to reference their call 4 outs or their investigations in reference to our incident 5 number investigation. 6 Q You are somewhat familiar with the make and model 7 of the motorcycle that Ben was driving at the time of the 8 accident? 9 A Correct. 10 Q Are you able to tell me whether the 2001 model, it the model he was driving, has an automatic headlight? In 12 other words, the headlight comes on every time you start the 13 motorcycle? 14 A i believe it does, but I'm not 100 percent sure 15 on that. 16 Q were you able to tell in your investigation 17 whether Ben's headlight was on at the time of the accident? 18 A That would have been something Trooper Frampton 19 would have looked into. 20 Q Did you ask Ms. wolf whether she had activated 21 her left turn signal prior to impact? 22 A No, I don't recall. 23 Q Are you able to tell me whether she had her left 24 turn signal on at the time of the accident? 25 A There again, that would be Trooper Frampton that Apex Reporting Service 1 would have looked into that. sorry. I mean Trooper Pushart, 2 not Trooper Frampton. 3 Q These two photographs that were marked as 4 Exhibit 2, I circled -- and that is my circle -- a van in both 5 the too photograph and the bottom photograph. 6 A uh-huh. 7 Q It appears that the van moved between those two 8 photographs- 9 A Correct. 10 Q is that representative of anything? 11 A The roadway was open at that point. once Trooper 12 Frampton and Trooper Pushart, you can see both of their 13 unmarked vehicles parked here, once they responded to the 14 scene, did their investigation with the minor side of the 1S roadway as far as debris field or any debris that was open on 16 the one side of the roadway, we were able to open up, set up 17 cones, and open up the other side of the roadway. so this 18 would be traffic moving. 19 Q That is not a State Police vehicle? 20 A No. sir. 21 Q Did you speak with any neighbors with homes in 22 the area of the intersection? 23 A Yes, sir, that is how I found -- I believe that 24 is how I found the one witness. I went to several neighbors 25 and was unable to make contact with anybody else who witnessed 1 the crash. 2 Q That is how you found Ms. Davis, 3 Marian Davis? 4 A I believe so. No. I'm sorry. she was waiting 5 there at the crash because she was driving her vehicle. 6 0 Do you have a recollection as you sit here today 7 of speaking with any neighbors? 8 A. Yes, sir. It's common procedure. Any 9 investigation we do, whether it be a crash or a crime, we are 10 obligated to speak with at least -- try to make contact with 11 at least three neighbors. so I know just from our protocol 12 that I'would have went to several residences there. 13 Q what are you looking for when you do that? 14 A Anybody that would have witnessed anything or 15 heard anything or had anything pertinent to the investigation. 16 Q if there were any residents in that area who had 17 witnessed the accident, that would have been included in your 18 report 19 p Anybody that I would have made contact with, yes, 20 I would have put it in my report. 21 You do have a recollection as you sit here today 22 of making contact with at least one or two neighbors in the 23 area? 24 N I don't recall if I had made contact, if anybody 25 was horse, but I know I went to several residences in the area. 43 1 whether anybody was home or whether I talked to anybody, I 2 don't recall. 3 Q This individual who is in this photograph, 4 Exhibit 2, you can see he is being a bit inquisitive. He is 5 wearing a white shirt. That is not a member of the 6 Pennsylvania state Police? 7 A No, Sir. 8 Q Does that how many years after the fact refresh 9 your recollection as to whether you spoke with any neighbors? 10 A No, I have no idea. 11 (Discussion off the record.) 12 BY MR. CROSBY: 13 Q Any idea how long you were there at the scene of 14 this accident? 45 15 A Not off the top of my head. we have records that 16 could be found out if necessary, but we have records of when I 17 arrived at the scene and when we cleared from the scene. 18 MR. CROSBY: Those are all my questions. Thank 19 you, sir. 20 MR. SHIPMAN; Thank you, Trooper. 21 (The deposition was concluded at 11:20 a.m.) 22 23 24 25 44 I 1 C E R T I F I C A T E 46 2 3 1, Sharon L. Dougherty, a Notary Public for 4 the Commonwealth of Pennsylvania, do hereby certify: 5 That the witness named in the deposition, 6 prior to being examined, was by me first duly sworn or 7 affirmed; 8 That said deposition was taken before me at 9 the time and place herein set forth, and was taken down by me 10 in stenotype and thereafter transcribed under my direction 11 and supervision; 12 That said deposition is a true record of the 13 testimony given by the witness and of all objections made at 14 the time of the examination. 15 i further certify that I am neither counsel 16 for nor related to any party to said action, nor in any way 17 interested in the outcome thereegf. 18 7 19 / 20 21 ` Sharon L. DoGgh6 rty 22 23 24 25 Apex Renortint! Service 0 00 [1] 11:17 06 [1 ] 35:1 0 07 [1] 1:16 1 [55] 2:24; 3:11 ; 6:20, 22; 7:3, 4; 8:10; 9:11 , 12; 10:6, 7, 12, 15, 16; 11:4, 5; 12:1; 14:13, 20; 15:14, 19, 22; 16:4, 5, 6; 17:9, 119; 18:2; 1 9:1 , 4; 20:2, 12, 13, 16, 21-1 21 :9, 1 1 , 19-1 22:3, 4, 6; 23;2, 4, 10, 15, 17; 25:18, 19, 23, 24; 32:5; 41:22 10 [13] 1:16; 7:5, 17; 21:21; 29:25; 30:3, 4, 16; 33:1 1 ; 37:2, 4; 38:12; 41:21 100 [6] 22:7; 23:10, 20; 27:14; 42:2, 14 109 [1] 2:9 11 [7] 7:6; 10:11; 21:21; 37:2; 38:12; 45:21 1110 [1) 20:22 12 [2] 24:13; 29:18 124 [1] 33:8 1300 [1] 2:4 1328 [1) 8:13 15 [1] 1,7:7 16 [4] 9:25; 10:2; 33:5, 9 17 [2] 0:25; 10:2 17043-0,109 [1] 2:10 17111 [1] 2:4 17112-0265 [1] 1 :24 18 [2] 2:24; 17:7 180 [1] 28:1 19 [4] 2:25; 10:21; 11:2 190 [1] 28:1 19 9 7 [1 ] 9:3 1999 [3] 12:17, 24 -2- 2 [35] 2:24; 8:9, 16; 10:7, 10, 1 1, 12, 15; 11:16; 15.-15, 20, 21, 23, 24, 25; 16:3; 17:17; 18:14, 15, 19; 20:23, 24; 21:1, 3, 4, 7, 10, 1 1 , 13; 24:12, 13, 25; 43:4; 45:4 20 [1 ] 45:21 200 [1] 27:25 2000 [3] 12:16, 17 2001 [3] 8:18; 12:23; 42:10 2003 [1] 29:8 2004 [1] 29:8 2005 [2] 5:17; 6:1 2006 [5] 4:3; 6:9; 7:16; 20:21; 29:9 2006-0440 [1] 41:23 2008-4552 [1] 1:6 2009 [1] 1:15 23 [3] 11:4; 34:14, 17 243 [1] 15:5 25 [1] 1:15 26 [2] 11:23; 13:1 28 [1] 2:20 -3- 3 [12] 2 :19, 24, 25; 8:2 4, 25; 9:4; 19 :7, 11; 29:17; 30:17; 31:9, 16 30-day [3] 35:15, 18, 20 300 [7] 16:1 , 4, 7, 16; 17:9; 18:1, 10 301 [1] 2: 9 32 [1] 1:1 7 33 [1] 9:1 3334 [3] 30:21 ; 31:9, 16 34 [6] 6:12; 7:22, 25; 15:19; 38:24; 40 :23 -4- 4 [1] 9:6 40 [1] 7:17 4000 [1] 25:20 4341 [1 ] 1 5:7 48 [1] 7:5 -5- 5 [7] 7:16; 8:13; 9A 5; 10:20; 11:2, 15; 20:21 55 [2] 7:23; 24:8 -6- 6 [1] 11:19 6265 [1] 1:24 -7- 7 [4] 14:20, 23, 25; 15:4 717.545.3553 [1] 1 :25 750 [5] 8:18; 12:2, 7, 11 -8- 8 [3] 15:2; 26:7, 16 -9- 90 [ 3] 24:13, 23; 27:14 - A - a.m. [9] 1:16; 7:5, 6, 17; 21 :21 ; 37:2, 4; 38:12; 45:21 able [9] 13:19; 16:6; 24:22; 40:10, 17; 42:10, 16, 23; 43:16 about [9] 4:6, 17; 5:3, 19; 13:22; 23:23; 27:21 ; 33:4; 38:14 absolutely [1] 27:15 academy [5] 5:11 , 22, 23; 29:8; 35:13 accelerated [3] 23:15, 17; 24:8 accepted [1] 5:16 accident [33] 4:1 ; 5:20; 12:12; 14:21, 24; 16:10, 11, 21, 22; 17:2; 19:23; 21:21; 22:8, 14; 28:8, 23; 29:2, 3, 12, 18; 32:14, 21; 33:15, 25; 36:2, 13; 41:3; 42:8, 17, 24; 44:17; 45:14 accommodate [1] 4:25 according [3] 9:4; 37:25; 38:22 accounng [1] 26:22 accurate [2] 28:24; 33:9 acquainitance [1] 23:2 across [2] 31:19; 32:1 action [4] 1:3; 11:16, 1'7; 46:16 activated [1] 42:20 actual [2] 27:10; 36:8 actually [11] 9:20; 17:1 ; 18:5; 22:1 8; 23:4; 25:16; 26:18; 35:4; 37:12; 38:19; 40:17 additional [1] 24:1 address [1] 8:21 adult [1] 25:12 affirmed [1] 46:7 after [] 22:8, 19; 24:17; 35:12; 37:16; 45:8 again [7] 17:19; 19:14; 26:3; 30:17; 37:1; 41 :21 ; 42:25 age [1] 25:13 ages [1) 37:25 ahead 12] 25:9; 30:25 air [3] 5:6, 7; 21 :7 all [101] 3:6; 4:23; 116:3; 22:1 ; 25:11; 28:2; 34:12; 36:9; 45:18; 146:13 along [2] 4:17; 18:11 already [1] 26:2 also [25] 4:22; 8:16, 21; 10:12; 13:12, 15; 14:5, 23, 24; 15:4, 7, 9, 15; 17:11; 21:14, 17, 21; 25:6; 26:10, 16; 31:4; 33:12; 38:11; 40:20 although [1] 4:23 am [16] 3:18, 20, 22; 8:3; 12:9; 16:22; 18:18; 27:12, 20; 31:12; 32:13, 22; 33:16; 36:3, 16; 46:15 ambulance [3] 14:18; 26:8, 9 analysis [1] 26:24 angle [1] 9:19 another [1] 19:10 answer [4] 4:14; 25:9; 31:1, 2 answered [3] 14:10, 14, 15 anybody [7] 35:6; 43:25; 44:14, 19, 24; 45:1 anyone [4] 28:19; 32:7; 34:19; 36:22 anything [7] 23:23; 34:6; 41:18; 43:10; 44:14, 15 anytime [1] 40:18 anywhere [1] 36:20 apex [1] 1:23 appear [1] 17:18 appearances [1] 2:1 appeared [1] 18:10 appears [8] 8:20; 11:20; 18:9, 24; 19:5, 17; 21:20; 43:7 applied [1] 5:15 apply [2] 20:17, 18 approaching [1] 32:7 appropriate [2] 26:23; 36:7 approximate [7] 7:18; 16:17; 18:24; 23:18; 27:6, 9; 39:5 approximated [1] 23:20 approximately (22] 5:14; 12:7, 20; 18:1 , 10. 22; 20:22; 21:21, 23; 22:6; 23:10, 14, 16; 24:8, 23; 29:8; 30:3; 37:2, 3; 38:12; 39:3, 9 approximating [1] 23:25 approximation [1] 16:16 are [38] 3:6, 7; 4:19; 8:24; 9:7, 25; 10:5; 12:8, 10; 13:1, 3, 5; 17:4, 7, 10; 18:20; 20:14; 22:21; 28:2; 29:15; 31:20; 32:24; 33:4; 34:1, 5, 11, 15; 36:6, 7; 40:4, 22; 41:2; 42:6, 10, 23; 44:9, 13; 45:18 area [7] 39:19; 40:22; 41:13; 43:22; 44:16, 23, 25 arises [1] 4:1 arms [1] 30:2 around [4] 22:14; 23:14; 33:6; 41:21 arrival [2] 14:7; 22:20 arrived [9] 7:5; 14:17; 17:15, 16; 22:8, 18; 33:19; 41:10; 45:17 ask [5] 4:5, 14; 6:21 ; 26:23; 42:20 asked [2] 23:12, 18 assigned (7] 3:20, 21 ; 34:2, 5, 6, 9, 17 assisted [1] 36:3 associate's [1] 5:9 assuming [1] 33:16 attached [1] 6:19 attempting [1] 21:5 attorney [2] 3:23; 4:11 attributable [1] 20:7 attributed [4] 17:25; 18:2, 3; 19:22 august [5] 4:2; 6:9; 7:16; 20:21 ; 35:10 automatic [1] 42:11 avoid [1] 20:5 aware [2] 40:22; 41:2 away [8] 22:5; 23:15, 17; 24:8; 38:21 ; 39:23; 40:1, 3 - B - b-r-a-n-t-o-n-i-e- s [1] 34:25 back [7) 4:2; 10:13; 16:17; 19:20; 24:16; 30:14; 35:10 background [1] 5:3 bags [] 13:11; 21:7 barracks [4] 3:20, 21; 6:4; 24:17 based [2] 27:12, 19 basic [5] 5:22, 23; 9:17; 29:3, 15 basicallly [1] 36:6 be [39] 4:20, 23, 24; 6:119; 9:18; 10:7; 16:4, 5; 17:18, 19, 25; 18:2, 3, 9, 10, 24; 19:5, 17, 22; 22:23; 24:9, 10; 29:4; 30:2; 32:17; 33:14; 34:3, 4'„ 12, 17; 36:8, 20; 41:18; 42:25; 43:18; 44:9; 4'5:16 beast [1] 33:6 because [5] 14:6, 10, 11; 35:11; ,44:5 becoming [1] 5:4 bedforo [11 1 :1 7 been [111] 3:10; 12:16; 14:171- 17:19-1 18:18; 29:10; 31 :25; 34:13; 41:9; 42:18; 44:17 before [14] 12:12; 16:1, 7; 17:10; 27:16; 28:7, 10, 12, 16, 23; 29.7; 31:18; 32:13; !46:8 began [4] 5:17; 22:5; 28:7; 38:21 begin [1] 5:25 beginning [1] 21:19 begins [1] 20:20 behalf [1] 25:8 behind [1] 25:17 being [15] 6:12; 8:10; 9:10, 11; 10:6, 8, 14; 11:4; 12:6; 13:8, 23; 21:7; 34:2; 45:4; 46:6 believe [21] 12:16, 17; 17:1; 27:23; 31:12, 24, 25; 32:6; 36:17; 37:20, 21; 38:1 ; 39:24; 40:2, 14, 16; 42:2, 14; 43:23; 44:4 believed [2] 19:16; 41:18 belt [1] 21:12 ben [3] 28:7; 33:19; 42:7 ben's [1] 42:17 benjamin [4] 1:3; 3:24; 8:10, 22 berm [1] 9:22 beside [1] 10:8 best [3] 22:16.- 2 4:2, 3 between [3] 3:4; 8:5; 43:7 beyond [1] 24:2 bit [2] 5:2; 45:4 block [5] 10:7; 13:1 , 20; 24:24; 25:20 blocks [2] 10:2; 13:5 bone [1] 9:19 boots [1] 14:10 borough [1] 5:11 both [11] 10:4, 5; 16:14; 17:17; 20:3; 21:14; 26:13, 15; 29:13; 43:4, 12 bottom [4] 10:20; 19:17; 29:18; 43:5 boundaries [1] 34:15 box [9] 1:24; 2:9; 9:25; 10:20; 11:2, 9, 22; 24:13; 29:18 brakes [2] 20:17, 18 braking [1] 20:9 brantonies [3] 34:23; 35:23; 36:23 break [2] 4:22, 24 breeches [1] 26:9 by [33] 1:3, 18, 23; 2:19; 3:4, 15, 24; 8:10, 20; 10:12; 14:6, 16, 18; 17:12, 19; 18:17; 19:9; 25:10; 26:14; 28:5; 30:24; 31:7, 17; 32:1; 33:2; 39:17; 41:6; 45:12; 46:6, 9, 13 - C - c [3] 3:1 ; 46:1 c-a-n-d-i [1] 8:21 call [2] 34:8; 42:3 came [7] 15:24; 16:16; 17:1; 21:9; 24:16; 28:12, 16 campbell [1] 41 :6 can [22] 4:9, 15; 5:2, 19; 10:1; 11:20; 13:3; 17:14, 22; 19:11, 15; 24:5; 25:9; 27:6, 8, 13, 22; 30:25; 31 :2; 33:23; 43:12; 45:4 can't [4] 4:16; 22:22; 34:15; 36:17 candi [2] 1:4; 8:21 capable [1] 27:25 car [3] 30:16; 34:3, 4 care [1] 27:5 career [1] 5:17 carlisle [23] 1:17; 3:20; 6:4; 7:13; 8:4, 5, 14; 9:1 ; 15:7, 20, 21, 23; 16:2; 17:24; 18:11, 23; 20:1 5; 21 :5; 22:4; 25:20; 26:1 ; 34:14; 35:5 cars [5] 16:9, 20, 25; 17:11 ; 24:25 case [3] 4:1 , 6; 11:21 cases [1] 32:13 causal [3] 10:18, 25; 11:7 cause [1] 10:18 caused [1] 10:25 cc [1] 12:7 ccs [1] 12:2 cell [2] 15:15, 16 center [2] 17:20; 30:5 certified [1] 16:10 certify [2] 46:4, 15 certifying [1] 3:5 chambersburg [2] 3:21; 5:13 charge [3] 32:10, 11 ; 34:4 charged [4] 31:5, 25; 32:4, 15 child [1] 21:12 children [3] 21:12; 37:15, 23 circle [] 43:4 circled j1] 43:4 circumstances [1] 34:7 civic [1) 9:3 civil [2] 1:3, 6 class [$] 13:17; 29:3, 4 clear [2] 4:20; 29:12 cleared', [1 ] 45:17 client [2] 8:25; 26:25 clock [1,] 30:2 close [?] 22:21 , 22, 24; 27:25; 40:15 closer ['2] 30:15 clothing [1] 14:7 cluster'[1 ] 1 9:1 8 coaches [1] 35:15 coaching [3] 35:11, 14, 21 code (] 11:4; 30:18, ?1; 31:9, 11; 32:111, 15 codes [1] 9:12 college''[1] 5:9 collision [9] 9:19, 20; 16:22; 18:3; 19:21; 20:5, 6,' 9, 19 collisions [1] 9:20 comes I1] 42:12 coming [6] 16:1, 7; 17:11,0; 24:25; 28:11; 02:7 common [4] 1:1; 10:16; 36:15; 44:8 commonwealth [1] 46:4 company [1] 26:8 complete [2] 11:22; 24:20 completed [1] 31:22 concluded [1] 45:21 conditions [1] 9:23 conduct [1] 36:1 conducts [1] 36:9 cones [1] 43:17 considered [1] 35:25 consistent [1] 30:9 contact [6] 26:23; 43:25; 44:10, 19, 22, 24 contained [3] 9:6, 16; 17:4 continue [2] 15:2; 17:22 continuing [1] 17:14 contributing [1] 11:16 conversation [5] 23:7; 24:2, 3; 26:5; 39:25 cooperative [1] 26:25 copy [1] 6:15 corporal [3] 35:4; 36:14, 18 correct [40] 7:6, 17; 9:1; 11:18, 25; 12:3; 13:21 ; 15:3, 7; 16:5; 19:6; 20:25; 21:2, 15, 16, 22, 25; 24:14; 26:20; 29:23; 33:13, 21; 34:10; 37:5, 8; 38:3, 7, 13, 15, 23; 40:6, 8, 9, 1 1 , 12, 14, 21 ; 42:9; 43:9 correctly [5] 27:24; 36:4; 37:20, 21 ; 39: 1 correlates [1] 10:13 corresponding [1] 10:11 corresponds [4] 9:9; 10:4, 8; 11:4 could [13] 15:12; 17:25; 18:2, 3; 19:22; 23:18; 29:17; 32:6, 17; 34:3, 4; 45:16 counsel [2] 3:4; 46:15 county [6] 1:1; 3:23, 25; 4:2; 6:5; 7:15 couple [1] 24:22 course [3] 5:22, 24; 6:21 courses [2] 29:10, 13 court [3] 1:1; 4:9, 15 crash [65] 2:24; 3:12, 20; 5:22, 24; 6:7, 12, 16, 23; 7:1, 3, 5, 1 1 , 16; 8:9; 9:17, 18, 24; 10:1 , 5, 6, 9, 13, 18, 19, 25; 11:7, 8; 14:2; 15:17, 18; 16:13, 15; 20:22; 21 :6, 1 1, 24; 22:19, 24; 24:17; 26:2, 19; 27:6, 8; 28:12, 23; 29:1, 16; 36:21 ; 37:3, 4; 39:4, 1 1 , 14; 40:3, 15; 41 :1 1, 14; 44:1, 5, 9 crashes [2] 27:7 crested [2] 15:22; 25:25 crew [1] 26:9 crime [2] 34:7; 44:9 criminal [1] 5:10 crosby [15] 2:3, 20; 4:12; 25:8; 28:5; 30:24; 31:6, 7; 32:24; 33:3; 39:15, 17; 45:12, 18 crying [4] 37:11, 12; 38:18, 19 cumberland [6] 1 :1 ; 3:23, 25; 4:2; 6:4; 7:14 curious Ill 27:12 currently [2] 3:21; 35:7 - D - d [3] 2:17 ; 3:1 ; 11:11 damaged [1] 26:13 data [1] 25:5 date [3] 1:15; 17:6; 21:20 davis [14] 15:6; 21:15; 25:6, 9, 16; 26:3; 37:2, 3; 40:2, 13, 17; 41:2; 44:2, 3 davis's [1] 40:23 day [4] 24:18; 34:1; 36:14, 18 day-to-day [1] 34:3 debris [9] 17:24; 18:1 , 5, 10, 20; 19:14; 27:6; 43:15 december [2] 5:17; 6:1 defendant [3] 1:9, 18; 2:7 degree [1] 5:9 demeanor [2] 37:9; 38:16 department [2J 5:12, 14' depends [1 ] 34:2 depicted [2] 19:1, 1Z deployed Ill 21 :8 deposition [19] 1:11; 3:11, 17; 4:8; 61,5, 18, 19, 22; 1 $:1 5, 19; 19:7, 1,9; 28:7, 11 , 20;' 45:21 ; 46:5, 8, 12 describe [2] 37:9; 3$:16 description [4] 10:21; 11:23; 13-.6; 14:23 descriptions [2] 9:25; 1 ? :2 designaltion [1] 14:15 designeld [1] 36:6 detailed [2] 11 :23; X6:22 determination [ 1] 13:19 determine [2] 16:6; 27:11 determining [1] 27:3 diagram] [2] 14:20, 2'1 dickinsOn [4] 6:13; 7:14; 8:1; 34:12 didn't (4) 24:6; 33:17; 40:3; 41:15 differe0 [1] 9:20 digital [1] 33:8 direction Ill 46:10 disabled [11 26:13 discretion [1] 32:9 discussion [1] 45:11 dispatched [1] 7:4 document [1] 27:10 documents [2] 28:10, 14 does [5] 10:22; 15:2; 36:9; 42:14; 45:8 doing [2] 36:7, 8 done [1] 24:17 dot [1] 14:15 dougherty [3] 1:23; 46:3, 21 down [9] 4:15, 16; 8:4; 10:20; 20:6; 25:19; 29:18; 41:19; 46:9 drive [2] 22:5; 38:21 driver [8] 11:3, 5, 16; 13:3, 6, 22, 23, 24 driver's [1] 30:9 driveway [3] 25:17; 40:14, 23 driving [7] 11:6, 13; 23:5; 25:24; 42:7, 11 ; 44:5 drop [1] 39:2 dropped [1] 20:14 due [2] 32:4; 36:15 duffie [2] 2:8; 28:20 duly [1] 46:6 - E - e [5] 2:17; 3:1; 46: 1 earlier [2] 28:22; 39:22 east [2] 15:22, 25 eastbound [1] 15:2 5 education [4] 5:3; 13:13, 14, 17 either [9] 10:17; 18:3; 19:17, 22; 20:4, 5, 8, 17; 37:21 ejected [1] 9:14 elderly [1] 25:7 else [3] 34:8; 36:22; 43:25 embankment [2] 19:15, 16 employed [4] 3:19; 5:7, 1 1 , 13 ems [1] 26:10 end [1] 19:3 engine [3] 12:1, 7; 27:22 enough [3] 20:17; 40:1, 3 esquire [2] 2:3, 8 essentially [2] 30:2; 35:24 estimate [5] 24:5, 22; 25:4; 40:10, 18 estimated [4] 23:10; 24:7, 13, 23 estimation [3] 16:17; 22:6; 24:11 event [5] 10:1 , 6, 9, 13 ever [2] 32:20; 41:5 every [1] 42:12 evidence [1] 17:2 3 exact [2] 16:18; 39:24 exactly [2] 16:22; 22:23 examination [4] 2:19; 3:14; 28:4; 46:14 examined [1] 46:6 except [1] 3:6 excessive [1] 11:6 exhibit [17] 3:11; 4:7; 6:18, 19, 20, 22; 7:31- 14:20; 17:4; 18:14, 15, 191- 19:7, 11; 41:22; 43:4; 45:4 exhibits [1] 2:23 exigent [1] 34:7 experience [2] 27:12, 19 explain [1] 20:13 explained [1] 29:7 eye [3] 13:24; 14:1, 3 - F - f [1] 46:1 facing [1] 15:25 fact [4] 14:3; 20:16; 23:24; 45:8 factor [8) 10:22 23, 25; 11:3, 4. 7, 10, 13 factors [1 ] 10:18 fair [4] 30:5; 31:6; 32:15; 40:4 fairly [1] 8:3 familiar [ 7] 8:4; 12:6, 8, 10, 21; 27:20; 42 :6 far [14] 9:17; 10:23; 13 :13, 23; 14:4 - 19:3; 20:13 ; 24:4; 25:3, 4; 35:20; 40:1, 2; 4 3:1 5 fast [2] 23:12, 19 fault [2] 10:24; 11:1 feel [1]' 10:24 feet [8]'' 16: 1 , 4, 7, 16; 17:10; 18:1, 10; 40:15 felt [1] 21:6 field [6,] 17:24; 18:1; 27:7; 35:24; 36:5; 43:15 filed [1] 3:24 filing [1] 3:6 filled [1] 11:10 final [1] 17:17 find [1] 39:15 findings [1] 17:4 firm [1]' 28:20 first [1'7] 5:2; 9:10; 10:1, 6; 11:7; 13:8, 23; 15:13, 114; 16:3; 22:1 ; 32:22; 33:23; 35:1 , 16; 46:6 flown [1] 17:19 follow-dap [3] 23:23; 24:4; 28:8 following [6] 4:19; 2112:3; 23:3, 4, 5; 3$:20 follows', [1] 3:10 foot [2'] 37:19, 20 force [3] 5:7, 8 forensic [1] 16:12 form [] 2:24; 3:7; 25:8 forth [1] 46:9 found ] 17:17; 32:14; 143:23, 24; 44:2; 45:16 four [1]' 38:1 frampton [10) 16:11; 26:18; 33:11 ; 136:12, 24; 41:23; 142:18, 25; 43:2, 1 ? framptoln's [1] 26:17 friend [1] 23:2 friends [2] 41:13, 14 from [26] 8:4, 7; 12:4; 14:17; 16:12; 18:5, 11, 22; 20:2 , 3, 9, 16; 21:5; 22:5; 23:15, 17; 24:8, 25; 27:7; 34:2; 37:22; 38:21 ; 39:9, 23; ; 44:11 45:17 front [2] 30:16; 31:11 fsu [2] 16:12; 41 :23 fto [1] 36 :5 full [2] 3:16; 14:24 full-face [2] 13:2 5 full-faced [1] 14:13 full-time [ 1] 5:14 further [4] 16:17; 18:11; 20:13; 46 :15 - G - g [1] 3:1 gardners [2] 15:6, 7 gauge [1] 19:18 general [2] 39:19; 41: 13 generally [2] 7:25; 10:1 6 gentleman [1] 41:5 get [7] 11:20; 12:4; 13:51- 16:14; 26:21; 27:14, 23 getting [1] 35:12 gettysburg [3] 8:4, 5, 7 give [5] 4:14; 5:2; 40:10, 17, 19 given [1] 46:13 glen [1] 15:5 go [3] 4:17; 25:9; 30:25 goes [6] 8:4; 9:12; 10:10; 14:12; 15:18; 39:3 going [8] 6:18; 8:1 ; 22:6; 23:1 9; 24:7; 25:22; 32:5; 40:2 good [1] 28:6 graduated [1] 5:6 greencastle [1] 5:11 gsx-r [3] 8:18; 12:7, 11 guardian [1] 1:4 guess [3] 11:23; 14:18; 23:15 - H - h [1] 41:23 h02-1591863 [1] 6:17 hacc [1] 5:21 had [29] 5:9; 9:14; 12:11; 14:17; 15:15; 17:19; 22:18; 24:4, 18; 25:5, 17; 26:2; 29:7; 32:13; 35:9, 1 1 ; 37:15, 23; 39:9, 23; 41:9, 14, 18; 42:20, 23; 44:15, 16, 24 half [2] 11:15; 21:23 handler [1] 2:3 happen [2] 23:6; 34:7 happened [5] 4:2; 21:8; 22:20; 25:15; 39:25 happens [1] 34:6 happy [2] 4:20, 25 hard [1) 20:17 harmful [5] 10:1, 6, 9, 13 harrisburg [4) 1:24; 2:4; 5:10, 21 having [4] 3:10; 11:16; 12:1; 26:5 he [64] 8:13, 16; 13:6, 7, 15, 16; 14:1, 2, 5, 7, 10; 17:5; 20:16; 22:3, 7, 18; 23:1, 2, 4, 5, 10, 13, 14, 15, 16, 19, 20, 25; 24:7, 19, 22; 25:22; 26:24; 27:10; 31:4; 33:12; 35:3, 4, 23, 24, 25; 36:1, 3, 4; 38:17, 18, 19, 20; 39:8, 9, 21 , 24; 40:1 , 3, 7, 10; 42:11; 45:4 head [6] 4:16; 34:16; 36:18; 39:4; 40:25; 45:15 head-on [1] 9:19 headed [1) 23:4 headlight [7] 19:18; 30:9, 15; 42:11, 12, 17 hear [1) 4:13 heard [4] 21:6; 25:17; 38:8; 44:15 heather [4] 1:8; 3:23; 8:25; 29:22 held (1] 10:17 helicopter [2) 14:6; 1'7:20 helmet [7] 13:7, 25; 14:12, 13, 14 helps [1) 10:23 henning [1] 2:3 her [201 21:6, 7, 8, 12; 25:1 1 , 17. 19; 26:4, 5; 30:9, 14; 37:9, 15, 23;' 40:14; 42:21, 23; 44:5 here [25] 3:23, 25; 4:2'„ 4, 9, 17; 6:11; 7:4, 12; 8:25; 9:6; 10:5; 13:2; 14:25; 18:13; 25:19; 28:11; 31:4; 37:6; 39:6, 16; 41:21; 43:13; 44:6, 21 hereby [3] 3:4, 6; 46:4 herein (1] 46:9 herself [1] 25:22 hershey [1] 17:2 0 high [] 5:6; 15:20; 22:5; 23:17; 24:9; 27:22; ,38:22 hill [8]', 15:22; 20:14, 15; 26:1 ; 39:2, 4,j 22 him [19] 21:20; 22:5, 14, 21; 23:1, 5,!, 9, 12, 15, 17, 18,1 I 21, 23; 24:2, 8; 26:23; 38:21 ; 139:23 himself'i [1] 25:23 hippensteel's [1] 26:14 his [6J 1:3; 17:2, 426:24; 35:1; 38:16 holly [1] 8:7 home (] 44:25; 45:1 homes [1] 43:21 honda [1] 9:3 hour [12] 7:23; 21:23, 24; 22:7; 23:11, 20; 24:8, 13, 23; 27:14, 25; 28:1 hours [1] 20:22 house [1] 37:16 how [24] 12:4, 10, 19; 13:22; 16:6; 23: 12, 19; 24:15; 25:23; 27:16; 33: 22, 24; 34:24; 35: 14, 20; 37:9, 18; 38:16; 43:23, 24; 44:2; 45:8, 13 however [4] 14:9; 22:8 ; 24:7; 32:4 huh-uh [1] 4:17 hundred [1] 40:15 I'm [6] 33:5; 37:3, 22; 42:2, 14; 44:4 idea [2] 4 5:10, 13 identification [3] 3:12; 18: 16; 19:8 identified [8] 6:16; 7:12, 22; 8:18; 10:14, 21; 16:25; 41:1 identifies [4] 8:9, 16, 25; 15:9 identify [2] 12:1 ; 18:19 identifying [1] 8:24 illumination [1] 9:23 immediately [1] 37:16 impact [21] 18:1, 1 1, 22, 25; 22:22; 27:4, 9, 10; 29:19, 25; 30:8, 1 1, 14; 38:6, 9; 39:2; 40:8, 1 1, 20; 42:21 important [1] 4:10 incident [3] 6:17; 35:21 ; 42:4 included [1] 44:17 indicate [9] 11 :2; 26:7; 29:25; 30:20; 37:14, 18; 38:8, 24; 39:21 indicated [11] 10:2, 21 ; 11 :3, 9; 13:9; 14:12; 19:20; 28:22; 30:17; 38:4, 20 indicates [8] 7:4; 29:19; 31:4, 8; 33:7, 11 ; 37:1 ; 41:22 indicating [1] 13:4 individual [4] 13:14; 24:5; 31:13; 45:3 individuals [6] 9:7; 16:14; 17:1; 41:8, 11, 16 information [7] 5:3; 9:17; 12:4; 13:13, 15; 24:24; 31:16 initial [4] 29:19, 25; 30:8, 11 initially [1] 23:13 injured [1] 17:18 injuries [1] 17:2 1 inquisitive [1] 45:4 intention [1] 26:21 interested [1] 46:17 intersection [7] 7:13; 15:24; 22:22; 26:1; 31:18; 32:8; 43:22 interstate [2] 34:3, 4 interview [5] 21:17; 22:12; 37:14; 38:5; 41:5 interviewed [9] 20:21; 21:1, 14, 20; 22:21 ; 23:1; 25:6; 37:1 ; 38:11 interviews [4] 36:1 , 3, 5, 9 into [11] 9:12; 11:20; 15:12; 17:15; 24:6; 26:22; 31:20; 32:2; 35:20; 42:19; 43:1 introduction [1] 29:16 investigated [1] 27:8 investigating [2] 32:1 0; 36:8 investigation [21] 4:6; 5:20, 22, 24; 13:18; 16:11; 17:2, 11; 19:23; 24:21; 27:1 ; 28:23; 29:13; 30:10, 13; 41:19; 42:5; 43:14; 44:9, 15 investigations [3] 29:16; 36:10; 42:4 investigator [3] 6:25; 7:8; 24:25 involved [5] 3:24; 7:21; 11:21; 13:12; 27:3 issued [1] 33:2 it's [ 21 ] 4: 10, 20; 6:18, 22; 7:12; 8':17; 10:8, 16; 14:16; 16:21; 17:1; 19:15; 24:10; 25:4; 27:23; 33:6; 34:7, 13; 35:15; 36:15; 44:8 items [1] 19:15 its [1] 12:21 itself [4] 7:11 ; 12:5; 311:3; 38:2 - J - j [2] 1:$; 2:8 jeff [1] 3:22 jeffersan [1] 2:8 johnson [2] 2:8; 28:20 joined [11] 5:6 jumping [2] 33:5; 41:21 justice I[1] 5:10 - K _ kill [1] ',25:23 know [? 1] 4:1, 20, 24;', 14:2; 16:20; 21:8; 23:13; 25:3, 12; 27:16; ,29:14, 15- 3 0:11 ; 32:24; 34:14, 24; 35:20; 40:24; 41:10; 44:11, 215 knowing [2] 23:4; 32:7 knowledge [1] 41:14 kutz [1]9:1 kyle [21 21:19; 38:11 - L - 1 [5] 1:8, 23; 3:3; 46:3, 21 lady [2] 25:7, 13 lane [5] 15:23, 25; 1 6:1 ; 17:24; 19:5 lanes [2] 7:23; 9:21 large [1] 17:24 last [2] 16:3; 41:22 later [1] 17:5 law [5] 1:3; 28:19; 31:17, 18; 32:2 lawsuit [1] 3:24 layout [1] 32:4 lead [1] 6:25 leading [1] 5:4 least [3] 44:10, 1 1 , 22 leave [1] 20:17 left [13] 14:11; 15:21; 21 :5; 29:19; 30:4; 31:13, 14, 18, 19; 32:1; 37:15; 42:21 , 23 legal [1] 1:4 lemoyne [1] 2:10 let [2] 4:20, 24 letter [3] 1 1 :1 1 ; 31:17; 32:2 life [1] 17:20 like [12] 9:23; 16:16; 18:13; 19:23; 22:19; 25:2; 26:18; 29:7; 30:12; 32:18; 33:5; 39:5 limit 13j 7:23; 23:14, 16 linglestown [1] 2:4 list [1] 10:23 listed [1] 10:5 listen [1] 4:11 lists [1] 15:4 little [2] 5:2; 11:10 living [1] 8:13 location [2] 7:11; 39:25 long [6] 4:23; 12:19; 14:5; 35:14; 45:13 longer [1] 33:19 look [5] 9:8; 10:11; 11:9; 19:24; 27:8 looked [3] 20:3; 42:19; 43:1 looking [8] 7:3; 15:11 ; 18:23, 25; 19:20; 20:1; 30:14; 44:13 looks [4] 26:10, 18-1 27:11 ; 33:5 lot [3] 8:13; 24:6; 27:21 loud [2] 21:6; 25:1 7 luke [1] 41:6 Ix [1] 9:3 lying [2] 19:5; 21:9 - M - m [1] 7:8 m-a-r-i-a-n [1] 15:6 m-e-t-z-g- e-r [1] 15:5 made [7] 15:21; 16:17; 23:25; 24:12; 44 :19, 24; 46:1 3 magazine [1] 27:24 main [1] 1 1:7 mainly [1] 27:5 majority [1] 34:18 make [7] 13:19; 26:23; 31:20; 36:6; 42:6; 43:25; 44:10 making [3] 11 :1 ; 31:4; 44:22 many [1] 45:8 march [1] 1:15 marian [4] 15:6; 25:6; 41:2; 44:3 mark [4] 13:2, 3, 9; 20:18 marked [11] 2:23; 3:12; 4:7; 6:15, 17; 18:14, ; 16, 18; 1 9,18, 11 43:3 market [1] 2:9 marks [7] 18:2; 19:21, 24; 20:2, 3, 7, 16 matt [2] 4:12; 28:6 matter [1] 29:18 matthew [1] 2:3 may [4] 4:12; 6:22; 9:14; 41:17 maybe [2] 23:19; 39:5 mccullough [5] 1:12; 2:18; 3:9, 18; 7:9 me [10] 4:4, 24; 31:11; 36:3; 40:19; 42:10, 23; 46:6, 9 mean [7] 10:22; 24:4, 5; 31:8; 39:13; 43:1 means [4] 6:18; 10:23; 11:5, 13 measurements [4] 16:8, 19; 24:18, 22 medical [1] 1 7:20 meet [1] 4:5 meeting [2] 4:4; 26:4 member [2] 5:8; 45:5 members [1] 26:10 mental ',[1] 23:25 met [1]28:7 metzge? [18] 15:5; 21:15, 20; 22:1 , 3, 4, 5, 7, 10; 8:12, 20, 24; 9:6, 18; 40:7; 41:2, 9, 12 michael [5] 1:12; 2:18; 3:9, 18; 35:2 middle '[2] 25:13; 33:7 mile [4] 24:8; 27:14, ?5; 28:1 miles [7] 7:23; 22:7; L3:10, 20; 24:13, ?3; 39:5 military] [1] 5:8 minor [I1] 43:14 mistaken [1] 31:12 model [3] 42:6, 10, 11 moments [2] 22:8, 1 months, [1] 24:20 more [?] 11:20, 23; 19; 14; 27:9; 34:8 morning [5] 28:6, 9,! 1 1 ; 37:2, 4 most [6] 10:8, 13, 18, 1124; 27:21 motorcycle [38] 8:17, 20; 11:22, 24; 1 ?:5, 6, 8, 14, 1 5, 23; 13:2, 8, 10, ?3, 14, 17, 24; 14:4; 18 :6; 19: 16, 9; 20 :2; 23: 5; 27: 13, 21, 23, 25? 32: 7; 38: 5, 19, 21 ; 39: 23; 140 :1 , 18 ; 42: 7, 1 motorcycles [3] 27:20, 21 , 22 moved [2] 37:22; 43:7 moving [1] 43:18 mr [38] 2:19, 20; 3:15; 4:12; 14:17; 18:17; 19:9; 21:15; 22:1, 3, 10; 25:8, 10; 28:2, 5, 19; 30:22, 24; 31:2, 6, 7; 32:24; 33:1 , 3; 38:20, 24; 39:6, 10, 13, 15, 17, 18; 41:9, 12, 14; 45:12, 18, 20 m rs [4] 21:15; 26:3, 25; 40:2 ms [17] 25:9, 16; 30:7, 8, 18; 31:16, 23; 37:2, 3, 7, 14; 38:4; 40:17, 23; 42:20; 44:2 mt [1] 8:7 much [1] 23:24 municipal [3] 5:10, 21; 29:8 my [25] 3:18, 22; 5:9, 17; 8:25; 14:6, 16; 16:18; 17:5; 21:4; 26:21, 25; 28:6; 30:22; 34:16; 35:11 ; 36:3, 18; 39:4; 40:25; 43:4; 44:20; 45:15, 18; 46:10 myerstown [7] 7:14; 15:22, 24, 25; 17:25; 21:6; 26:1 - N - n [3] 2:17; 3:1 , 3 name [8] 3:16, 18, 22; 7:8; 26:8; 28:6; 35:1 ; 41 :6 named [1] 46:5 names [1] 26:9 narrative [8] 14:23, 24; 15:11 ; 17:14; 19:20; 20:20; 21 :4; 22:2 natural [1] 1:3 nature [1] 33:6 nearly [2] 25:18, 19 necessary [1] 45:16 need [2] 4:22, 24 needed [1] 11:22 neighbors [6] 43:21, 24; 44:7, 1 1 , 22; 45:9 neither [1] 46:15 next [5] 11:19; 13:11; 17:15, 16; 20:20 nikon [1] 33:12 nod [1] 4:16 noise [1] 25:17 nor [2] 46:16 north [9] 7:25; 15:19; 18:11, 23, 25; 19:3; 22:4; 39:4, 11 northbound [4] 15:23; 16:1; 17:24; 19:5 northern [1] 34:4 notary [1] 46:3 notation [2] 31:4, 15 note [3] 23:25; 24:12; 30:22 notes [2] 23:6, 8 now [15] 6:15; 7:11, 21; 8:9; 10:20; 13:1; 14:20; 16:3; 18:5; 20:20; 21:17; 24:12; 25:6; 28:3; 30:15 number [6] 9:9, 10; 34:15; 42:3, 5 numbers [1] 15:10 -0 - o [4] 1:24; 2:9; 3:1, 3 o'clock [3] 30:3, 4, 16 object [2] 25:8; 31:3 objection [1] 30:22 objections [2] 3:6; 46:13 obligated [1] 44:10 obligation [2] 31:19; 32:2 observations [1] 17:11 observe [1] 18:5 observed [1] 17:2 3 observing [1] 12:5 obviously [4] 24:10; 29 :15; 30:12, 13 occupying [1] 9:7 occur [1] 40 :3 occurred [6] 6:7; 7:11, 16; 15:19; 22:13; 26:2 officer [6] 5:8, 15; 32:10; 33:8; 35:24; 36:5 officially [1] 16:21 oh [1] 27:15 okay [3] 4 :25; 5:1; 6:23 older [3] 25:7, 12,14 once [3] 16:14; 43:11, 13 oncoming [5] 31:14, 19, 21; 32:1, 3 one [10] 4:18; 5:14; 91:11; 10:6; 12:11; 13:8, 11, 23; 16;25; 19:2; 27:21-1 29:7, 8; 34:17; 36:9; 39:16; ,43:16, 24; 44:22 onto [11 21:5 open [4] 43:11, 15, 16, ',17 operated [1] 8:10 operating [4] 8:17; 91:3; 17:17; 41:9 operation [1] 12:21 operator [18] 9:11, 12; 14:4, 6; 16:4; 17:18, 19; 20:21 23, 24; 21:1, 3 4, 7, 10, 1 1 ; 23:12; 25:23 opinion) [1] 31:22 opportunity [1] 4:5 oral [1]1, 1:11 original [1] 25:5 originally [1] 5:7 other [17] 4:15; 11:15; 13:1; 20:4; 28:14; 36:11, 22, 24; 39:3; 410:2; 41:1, 3, 8, 1$-, 42:12; 43:17 our [41] 4:4; 22:20; 42:4; 44:11 outcome [1] 46:17 outs Ili 42:4 oval [1]1 11:10 over [7] 10:11; 1 5:2; 16:1 , 4, 7, 14; 17:9 over-ankle [1] 14:10 own [3] 12:14; 17:2, 10 owned [1] 8:20 - P - p [4] 1:24; 2:9; 3:1, 3 pa [3] 1:24; 2:4, 10 page [38] 2:18; 7:4; 8:9, 16, 24, 25; 9:4, 6, 15, 16; 10:20; 11:2, 15, 19, 20; 14:20, 23, 25; 15:2, 4; 19:13, 14; 24:12, 13, 25; 26:7, 16; 29:17, 19; 30:17; 31:9, 16; 33:5, 8, 9, 11 ; 41 :21 pages [2] 9:10; 17:7 pants [1] 14:5 paragraph [5] 15:13, 14, 18; 17:15, 16 parent [1] 1:3 parked [1] 43:13 part [4] 5:18; 19:22; 30:18; 32:9 particular [6] 7:1, 5; 12:8; 13:20; 27:13; 34:9 parties [2] 3:5; 8:25 parts [1] 19:18 party [1] 46:16 passenger [2] 13:9, 10 passing [2] 40:23 past [3] 25:18; 27:7; 40:2 path [1] 31:20 pathway [1] 32:3 patrol [7] 3:20, 21-1 6:6; 22:13; 34:14, 19; 35:6 peach [1] 15:5 pennsylvania [14] 1 :1 , 17; 3:19; 5:4, 16, 18, 23; 6:16; 15:6; 16:24; 33:2; 35:12; 45:6; 46:4 per [4] 7:23; 22:7; 23:10; 27:14 percent [2] 42:2, 14 performance [1] 27:22 period [5] 35:12, 14, 18, 20, 21 periods [1] 35:15 person [3] 9:10, 11 pertinent [2] 41:19; 44:15 phone [2] 15:15, 16 photo [1] 39:15 photograph [5] 19:3, 10; 43:5; 45:3 photographed [1] 26:19 photographs [13] 2:24, 25; 18:15; 19:2, 7; 28:16; 32:20; 33:1, 4, 8, 12; 43:3, 8 photography [1] 16:13 photos [3] 32:24; 33:14, 17 physical [1] 17:23 picture [3] 19:12, 14, 17 pictures [4] 16:15; 18:13, 19; 19:12 pine [1] 8:13 place [7] 1:17; 9:21; 14:1; 38:25; 40:5, 8; 46:9 plaintiffs [2] 1:5; 2:2 plausible [2] 24:9, 10 pleas [1] 1:1 please [5] 3:16; 4:24; 15:13; 17:22; 22:2 point [17] 6:3; 17:25; 18:11, 22, 24; 22:20, 22; 27:3, 9, 10; 29:19, 25; 30:11, 16; 38:5; 39:2; 43:11 pointed [2] 39:8, 18 police [26] 3:19; 5:4, 8, 11 , 12, 13, 14, 16, 19, 21, 23; 6:1 , 4, 16; 16:25; 29:9; 32:21 ; 33:2, 15; 35:3, 5, 12; 37:25; 38:1 ; 43:19; 45:6 portion [3] 15:11; 20:20; 30:15 position [1] 17:17 possibly [1] 19:18 precisely [1] 40:4 preliminary [5] 24:18, 21; 25:2, 4; 30:13 prepare [2] 14:21 , 24 prepared [1] 4:7 present' [3] 13:10; 15:15, 16 pretty [2] 23:24; 36:4 previous [1] 9:10 primary [1] 31:8 prime [4] 10:21 , 23; 1110 principal [3] 6:25; 7:,22; 8:3 prior [1 ?] 12:13; 14:6; 18:3; 19:2 1 ; 20:6, 9, 18; 21:'11; 26:1; 29:1; $1:14, 18; 38:6, 9 42:21 ; 46:6 probably [1] 26:22 procedure [3] 10:16; 36:15; 44:8 process[1] 33:24 produced [3] 3:12; 18:15; 19:7 program [2] 24:19; $6:6 protection [5] 13:22, 23, 24; 14:1, 3 protocol [11 44:11 public ['1] 46:3 pull [1]32:2 pulled [1] 39:23 pulling II[1] 25:16 purpose; [1) 4:4 pushart' [11] 17:1, 1 ?; 24:16; 25:1 ; 27:5, 9; 33:7; 6:12, 23; 43:1, 12 pushart?s [3] 26:17, 21,2; 30:13 put [7]11 10:4; 13:19; 24:1, 6; 25:3; 30:12; 44:20 - Q - qualified [1] 27:10 question [13] 3:7; 4:13, 14, 18, 21 ; 13:2, 3, 9; 14:10, 14; 30:23, 25 questions [6] 4:6, 11; 6:21; 28:3, 9; 45:18 quickly [1] 27:15 quotes [1] 25:22 - R - r [6] 1:12; 2:18; 3: 1 , 9, 18; 46:1 racing [1] 27:23 range [2] 27:14, 22 rate [5] 15:20; 22:5; 23:17; 24:9; 38:22 read [4] 15:12; 17:14; 22:1; 27:20 reading [1] 27:24 reads [1] 13:2 realize [1] 24:5 really [1] 24:4 rear [1] 2 1:13 reask [1] 4:21 reason [5] 4:19, 22; 23:3; 33:24; 35:9 reasons [1] 32:17 recall [32] 22:16, 22; 23:3, 9, 21; 25:12; 27:24; 33:22; 34:13, 16; 35:22; 36:4, 25; 37:12, 20, 21 ; 38:1 0, 19; 39:1 , 6, 9, 25; 40:25; 41:7, 8, 10, 17, 20; 42:22; 44:24; 45:2 receive [1] 5:19 received [1] 5:22 recollection [9] 6:11; 20:1; 22:9, 12; 26:4; 37:7; 44:6, 21 ; 45:9 reconstruction [5] 16:10, 22; 29:2, 3, 13 record [4] 15:12; 17:15; 45:11; 46:12 records [2] 45:15, 16 refer [3] 6:22; 16:17; 41:23 reference [4] 26:16; 42:3, 4 referred [1] 39:22 referring [4] 18:20; 25:23; 29:22; 34:11 refers [2] 9:8, 9 refresh [1] 45:8 regarding [2] 28:20; 33:15 relate [2] 21:3; 25:25 related [13] 21 :4, 7, 10, 11 ; 22:1, 3, 4, 6, 7; 23:1; 25:16; 40:7; 46:16 relates [1] 14:13 relative's [1] 37:16 relying [1] 17:10 remember [4] 24:2, 3; 25:7, 11 remembered [1] 25:21 remind [1] 4:17 report [36] 3:12; 4:6; 6:16, 23; 7:3; 8:9; 9:4, 6, 15; 11:19; 15:11; 16:18; 17:5; 24:1, 12; 26:7; 28:12; 29:18; 30:18; 31:9, 16, 23; 33:5; 34:1; 36:20, 21; 37:1, 25; 38:1, 22; 41:2, 20, 21; 44:18, 20 reporter [2] 4:9, 15 reporting [2] 1:23; 2:24 represent [3] 3:23; 28:7; 30:7 representative [1] 43:10 requested [1] 16:9 requirement [1] 31:12 reserve [1] 5:7 reserved [1] 3:7 residences [2] 44:12, 25 residents [1] 44:16 respect [1] 26:3 respective [2] 3:5; 15:9 respond [3] 16:11; 36:12, 16 responded [6] 16:12; 26:8, 1 1 ; 36:14, 19; 43:13 responding [1] 27:7 response [3] 4:15; 26:17, 18 responsible [1] 10:17 rest [6] 15:24; 16:1, 7; 17:10, 17; 21 :9 restraints [1] 9:14 result [3] 28:8; 32:21 ; 36:1 review (21 28:10, 16 reviewed Ill 28:12 rhyme [11 33:24 right [$] 7:23; 8:11, 1$; 10:12; 11:17, 24; 27:17; 28:3; 33:20 right-of'I-way [2] 31:13, 21 ritter [18j 1:3; 3:25; 4';12; 8:10, 22; 14:,17; 28:8; 41:14 road [78] 2:4; 7:13, 14, 22; 8:3, 5, 13; 9: 1 , 23; 1 5:5, 7, 20, 21, 22, 23, 24, 25; 16:2; 7:24, 25; 18:11 , ?3; 20:15; 21:5-1 22:4; 25:20; 26:1 , 2 roadway [14] 8: 1 ; 9:',22; 20:7; 21:9; 22:24; 27:4; 31 2:5; 39:8; 43:1 1 , 1 5, 16, 17 roadwa? rs [1] 7:21 rosenbo rg [1] 2:3 route [ ?] 6:12; 7:22, 2 ?; 38:24; 40:23 -I S - s [3] 2:'13; 3: 1 , 3 saddle 'l] 13:11 safety [1] 21 :1 3 said [9 12:24; 23:15, 16, 20; 30:12; 39:10; 46:8, 1 ?, 16 same [3] 8:21 ; 12:14; 40:13 saturday [1] 7:19 saw [3] 20:4, 7; 21:9 say [9] 4:10; 16:16; 17:9; 22:19; 23:23; 24:9; 25:2; 30:14; 40:4 says [3] 10:12; 13:8; 21:4 scattered [1] 18:10 scene [46] 6:12; 7:5; 14:9, 1 1 , 17, 21; 16:13, 15; 17:2, 1 1 , 16, 23; 18:8; 19:23; 20:14, 22; 21:17; 22:1 0, 14, 19, 21 , 25; 24:17, 21; 26:4, 8, 19; 33:8, 19, 23, 25; 36:12, 16, 19; 37:7, 15, 22; 38:12 ; 39:11, 14; 41:11; 43:14; 45:13, 17 school [1] 5:6 sealing [1] 3:5 seat [2] 21:12, 13 seated [11 9:13 seats [1] 21:13 section [3] 30:20; 31:23, 24 security [1] 5:8 see [18] 4:9; 9:25; 14:25; 19:1 , 15; 20:4; 21:10; 22:7; 27:6, 8; 29:20; 38:5; 40:3, 8, 20; 41:24; 43:12; 45:4 seeing [1] 32:22 seems [1] 26:7 seen [2] 32:6, 20 sentence [2] 16:3; 41:22 separate [2] 29:10; 35:15 serious [1] 34:7 seriousness [1] 36:15 service [1] 1:23 services [1l 16:12 set [2] 43:16; 46:9 sets [1] 33:14 several [7] 22:8, 19; 40:15; 41:11; 43:24; 44:12, 25 severe [1] 10:8 shadow [1] 36:6 sharon [3] 1:23; 46:3, 21 she [49] 4:16; 9:3; 21:5, 6, 8, 9, 10, 11 ; 25:6, 12, 13, 15, 16, 17, 18, 21, 23, 25; 26:25; 30:20; 31:3, 5, 24, 25; 32:1 , 2, 4, 6; 37:10, 11 , 12, 13, 15, 18, 23; 38:5, 8; 40:19, 20; 42:20, 23; 44:4, 5 she's [1] 4:10 shield [2] 13:25 shipman [14] 2:8, 19; 3:15, 22; 18:17; 19:9; 25:10; 28:2; 30:22; 31:2; 33:1 ; 39:1 0, 13 ; 45:20 shipman's [1] 28:19 shirt [1] 45:5 shoe [1] 14:9 shore [1] 26:10 should [4] 16:4, 5; 17:19; 36:8 show [2] 18:19; 19:10 showing [1] 18:18 shows [2] 20:16; 33:25 shy [1] 5:12 side [7] 9:19; 29:19; 30:9; 39:3; 43:14, 16, 17 sideswiped [11 25:19 signal [2] 42:21, 24 significance [3] 10:14; 20:11; 31:15 signing [1] 3:5 similar [1] 12:14 since [4] 10:4; 11:22; 32:13; 34:13 single [1] 29:4 sir [71] 6:2, 8, 10, 14, 24; 7:2, 7, 10, 18, 20, 24; 8:2, 6, 8, 12, 15, 19, 23; 9:2, 5, 8; 12:22, 25; 15:8; 17:3, 8, 13; 18:7, 12, 21; 19:25; 20:3, 10; 22:11, 15; 25:2; 26:6, 12; 27:18; 28:15, 18, 21, 25; 29:3, 5, 1 1 , 21 , 24; 30:1 , 6, 19; 32:12, 16, '19, 22; 33:18; 34:18; 35:17, 19; 36:25; 37:17, 24; 41:4; 43:20, 23; 44:8; 45:7, 19 sit [5] 6:11; 37:6; 39:6; 44:6, 21 site [2] 39:4; 40:16 six [1] 38:1 size [2] 12:1, 7 skid [8'] 18:2; 19.-21, 24; 20:2, 3, 7, 16, 17 sleeves) [1] 14:5 slow [1) 20:6 small [1] 37:23 sneakers [1] 14:11 snell [11, 14:15 some [112] 4:5, 19; 9:112; 13:1; 16:7; 18:13; 19:15, 18; 24:18; 28:8, 22; 32:9 someboldy [1] 34:8 somehow Ill 39:24 someonje [4] 32:11, 1j4; 35:9 something [5] 19:24; 30:12; 32:18; 39:5; 42:18 somewhat [1] 42:6 somewhere [3] 12:17; 22:14; 39:16 sorry [4] 33:5; 37:3; 4113:1 ; 44:4 sort [125:7 south ?6] 1:17; 7:25; 15:21; 39:1, 14, 14 southbound [1] 20:15 southern [1] 34:3 speak [I6] 28:19; 38:1; 41 :5, 15; 43:21; '144:10 speaking [4] 22:9; 37:7; 41:20; 144:7 speaks,[1] 31:2 specialty [1] 16:10 specialty [1] 34:8 specific [2] 26:4; 37:6 specifically [4] 13:5; 23:9, 12, 21 specifics [3] 11:20; 22:16; 27:6 speed [23] 7:23; 11 :6; 15:20; 22:5; 23:14, 16, 17, 19, 21; 24:6, 9, 10, 13, 16, 23; 25:3, 4; 32:5; 38:22; 40:10, 18, 19 speeding [2] 11:5, 6 speeds [3] 27:14, 25; 28:1 spell [1] 34:24 spoke [1] 45:9 spoken [1] 4:14 springs [1] 8:7 sr [1] 15:19 standing [2] 22:1 3, 23 stands [2] 16:20, 23 start [1] 42:12 starts [2] 9:18; 17:15 state [23] 3:16, 19; 5:4, 16, 19, 23, 25; 6:4, 16; 7:22, 25; 15:18; 16:24; 25:21; 29:9; 32:21 ; 33:2, 15; 35:3, 4, 12; 43:19; 45:6 stated [4] 23:13; 30:7, 8; 39:24 states [4] 10:10; 15:14; 17:16; 33:10 stating [2] 13:14, 15 stationed [1] 6:3 stay [1] 14:14 stayed [1] 22:20 stenotype [1] 46:10 stewart [1] 2:8 still [4] 23:7, 8, 16; 35:3 stipulated [1] 3:4 street [2] 1:17; 2:9 struck [4] 10:7, 12; 15:22; 21:7 style [1] 9:19 subpoena [1] 33:2 supervision [1] 46:11 supervisor [5j 35:23; 36:14, 16, 18, 22 supplemented [2] 16:18; 17:5 sure [9] 16:22; 31:20; 32:13; 36:4, 7; 37:22; 40:4; 42:2, 14 surface [1] 9:23 suzuki [3] 8:18; 12:7, 23 swipe [1] 9:19 sworn [2] 3:10; 46:6 - T - t [5] 3:3; 9:19; 46:1 take [1 1] 4:15, 16, 22, 24; 23:6, 24; 26:24; 33:17, 23; 37:15; 40:8 taken [6] 1:18; 14:17; 26:13; 39:9; 46:8, 9 takes [1] 24:19 talked [1] 45:1 talking [1] 33:4 technically [1] 31:17 telephone [1] 15:9 tell [8] 5:19; 10:2; 13:3; 19:11; 25:15; 42:10, 16, 23 telling [2] 23:9; 39:7 tells [1] 41:23 term [2j 1:6; 31:3 terms [3] 5:20; 11:21; 20:11 testified [3] 3:10; 38:14; 39:18 testimony [2] 18:9; 46:13 than [4] 30:16; 36:11, 22; 41 :1 thank [3] 28:3; 45:18, 20 that's [7] 11:18, 25; 13:21; 15:3; 16:5; 38:3; 40:14 their [5] 15:9; 42:3, 4; 43:12, 14 them [5] 5:15; 21:17; 32:15, 22; 41 :20 then [20] 4:13; 5:13, 25; 8:24; 9:12, 15; 10:10; 11:4, 15; 13:11; 14:13, 23; 15:9; 21:14; 24:1; 26:7, 16; 29:8; 33:11; 39:2 there (57] 4:9; 6:12; 7:8; 8:1; 9:25; 1 0:7, 21-1 11:10, 22; 12:18; 13:1 , 5, 12, 16; 14:9; 15:14; 16:7, 8, 9, 15, 24; 17:19, 2 2; 18:1 , 2; 19:21; 20:14, 15, 16;' 22:20, 25; 24:1 , 4; 25:3; 26:10; 30:12; 32:6, 9, 17; 3j3:14, 20, 24; 34:117; 35:9; 36:4; 30:1, 2, 16; 41:11, 22; 42:25; 44:5, 112, 16; 45:13 thereafter [1 ] 46:10 thereof'i[1] 46:17 these [1,,3] 9:7; 10:2; 4'P:3 they [115] 9:13, 14; 10:14, 18; 23:3, 12, 13; 29:15; 34:8; 36:6; 37:25; 41:18; 42:3; 43:13 think [?] 4:23; 23:19; 28:2; 31:4; 6:16, 17; 39:16 thinking [1] 25:21 this [30] 4:6; 6:7, 12y 7:1, 4; 9:17; 1 1 :20, 21-1 12: 12, ?3; 17:2; 19: 23; 21 :23; 23: 6, 24; 2 7:16; 28: 8, 9? 11, 23; 29: 1 , h 8, 22; 30: 12; 31 :22; 32: 14, 1!21, 22; 33: 8, 1 ?; 34:9; 35: 1 6, ?3; 36:1, 12; 4 3:1,17; 45:3, 14 tho se [h3] 13:3; 16: 14, 5; 17:7; 18: 19; 19 :12; 28: 2; 29: 12; 32: 24; 33:1 ; 41: 15; 43:7; 45: 18 though [4] 8:20; 11:20; 21:20; 26:10 threatening [1] 17:2 1 three [1] 44:11 through [9] 1:3; 5:9, 10, 15; 8:1; 17:7; 26:24; 32:8; 33:23 throughout [1] 6:21 time [31] 1:16; 3:7, 19; 5:15; 6:3; 7:16, 18; 8:14, 17; 9:24; 11:6; 12:11; 13:18; 14:2, 16; 15:16; 20:18; 23:18; 26:23; 32:22; 34:18; 35:21; 37:9; 38:4; 40:11; 42:7, 12, 17, 24; 46:9, 14 today [8] 4:4; 6:11; 26:21; 32:23; 37:6; 39:6; 44:6, 21 took [10] 9:21; 16:14, 15; 24:17; 27:5; 32:21; 33:8, 12; 38:25; 40:5 top [9] 19:14; 34:16; 36:17; 39:3, 4, 22; 40:25; 43:5; 45:15 towed [1] 26:15 towing [1] 26:14 township [5] 6:13; 7:14; 8:1; 34:5, 12 traffic [5] 31:14, 19, 21; 32:1; 43:18 trailer [2] 13:12 training [7] 5:4, 18, 20; 28:23; 29:1 ; 35:24; 36:5 transcribed [1] 46:10 transcribing [1] 4:10 transcript [2] 3:17; 6:19 transported [1] 14:6 travel [3] 7:22; 9:21; 15:21 traveled [4] 15:25; 16:4, 7; 17:9 traveling [9] 15:19, 20; 20:15; 22:4; 23:10, 13, 14, 16; 25:18 treatment [1] 17:20 trial [1] 3:7 tried [2] 20:5 trooper [62] 1:12; 2:18; 3:18, 22; 5:2, 5, 16; 6:7; 7:3, 8; 9:16; 15:12; 16:9, 11; 17:1, 12; 18:18; 19:10; 22:9; 24:16; 25:1; 26:1 7, 18, 21, 22; 27:5, 9, 12, 17; 28:3, 6, 10; 29:17; 30:13, 17; 31:10; 32:10; 33:7, 1 1 , 22; 34:6, 17, 23; 35:23; 36:8, 1 1 , 12, 23; 39:10; 40:22; 41:22, 23; 42:18, 25; 43:1 , 2, 11, 12; 45:20 troopers [2] 36:11, 24 true [2] 40:13; 46:12 trunk [1] 13:11 try [1] 44:10 trying [2] 36:16; 39:15 tumbling [1] 19:16 turn [5] 15:21; 21:5; 29:17; 42:21 , 24 turned [2] 32:1 turning [5] 31:13, 14, 18, 19, 20 two [22] 2:24, 25; 5:12; 7:22; 10:5; 12:20; 15:4; 18:15; 19:7, 12; 21:12; 29:10; 33:14; 34:13; 35:15; 37:23; 39:5; 41 :1 ; 43:3, 7; 44:22 type [5] 9 :13, 18; 14:7, 12; 42:3 typed [2] 14:25; 22:2 types [1] 9:20 - U - u [3] 3:3; 13:16, 19 uh-huh [1] 43:6 um-hum [1] 4:16 unable [1] 43:25 under [6] 11:9, 10, 16; 13:22; 31:16; 46:10 underneath [1] 13:5 understand [4] 4:13, 18, 21; 30:25 understanding [1] 14:16 unit [67] 8:10; 9:8, 9, 10, 1 1 , 12; 1 0:6, 7, 10, 1 1 , 12, 15, 16, 17, 24; 11:1 , 4, 5, 16; 12:1; 15:14, 15, 19, 20, 21 , 22, 23, 24, 25; 16:3, 4, 5, 6, 12, 24; 17:9; 18:2, 4; 19:',1, 4, 22; 20:2, 8I, 12, 13, 16; 21;9, 10, 11, 13; 24:3, 4, 6; 23:4, 1Q, 15, 17; 25:18, 19, 24; 32:5 units [] 10:5; 17:17 unknown [3] 13:16; !14:5, 7 unless (1] 34:7 unmarked [1] 43:13 until [] 21:8; 22:20 up [7]27:14; 33:25; 39:3, 8; 43:16, 17 upon [$] 27:12, 19 upset [i3] 37:10, 13; 38:'',17 us [12]4:18, 20; 5:2, 19; 10:2, 3, 23; 13{3; 19:12; 26:24; 33:23; 41:23 use [4) 15:15, 16; 31:13; 42:3 used [1 27:23 uses [1 24:19 using [ ] 23:21 ; 33:12 V - v [1] 1,6 van [2] 43:4, 7 variety [1] 32:17 vehicle', [26] 8:16; 91:13; 10:5; 17:18; 20:4, 5; 21:6, 8,19; 22:13; 25:19; 29:22; 30:14, 18, 21 ; 31:9, 11; 32:11, 15; 34:20; 35:7; 37:21, 23; 41 :9; 43:19; 44:5 vehicles [7] 9:7; 1 1:21 ; 20:4; 26:13, 15; 32:3; 43:13 verbal (1] 4:14 verbally [1] 39:21 very [6] 19:3; 22:24; 23:17; 27:15; 38:17; 40:15 viewing [1] 12:5 violated [5] 30:20; 31:3, 23, 24; 32:14 violation [4] 11:5; 30:18; 31 :9; 32:11 - W - w-e-s-I-e-y [1] 15:5 waiting [1] 44:4 waived [1] 3:6 wasn't [3] 13:7; 29:12; 40:10 way [6] 31:25; 32:1, 6; 36:5; 39:25; 46:16 we (40] 4:7, 10, 13, 17, 20, 23, 24; 6:15, 17, 21, 22; 8:24; 10:24; 11:9; 14:2, 25; 18:13; 19:1, 11; 20:3; 22:1 8, 21 , 23; 24:4, 17, 18; 25:3, 5; 28:7; 30:11 ; 33:4; 34:1 1 ; 40:4; 43:16; 44:9; 45:15, 16, 17 wearing [8] 13:7, 24; 14:5, 8, 11 ; 21:12; 45:5 weather [1] 9:22 wednesday (1] 1:15 weeks [1] 24:20 weidner [1] 2:8 weight [1] 24:6 well [9] 4:12; 5:23, 24; 15:2; 16:11; 19:15; 26:17; 31:17; 40:17 went [7] 5:9, 10; 25:21, 25; 43:24; 44:12, 25 were [46] 6:3, 6, 25; 7:4, 21; 9:7, 13, 14, 23; 11:21; 12:21; 13:18; 16:6, 7; 18:2; 19:2 1 ; 21:12; 22:13, 16, 18, 23; 23:3, 13, 14; 24:17; 26:13; 27:3, 16; 29:1 2; 33:1, 23; 34:9; 35:21 ; 37:21, 25; 41:8, 11, 13, 14; 42:16; 43:3, 16; 44:16; 45:13 wesley [4] 15:4; 21:19; 38:11; 41:2 west [1] 26:10 where [20] 6:3, 6; 9:13, 20; 13:8; 16:15; 17:15; 19:15; 22:12, 21, 23; 23:3; 27:3; 29:19; 31:8; 32:14; 38:24; 39:9; 40:3, 5 whether [22] 9:18, 21 ; 13:6, 7, 16; 14:1, 4; 20:4; 22:23; 27:13; 32:10; 38:8; 40:22; 41:8; 42:10, 17, 20, 23; 44:9; 45:1, 9 which [24] 4:7; 5:8, 15, 16; 6:16; 7:14; 8:17; 9:9; 10:7, 10, 12; 11:4, 5, 7; 13:9, 11; 14:12, 13; 15:19; 17:25; 18:2; 19:10; 20:14; 24:19 white [1 ] 45:5 who [20] 3:24; 9:7, 1 1; 10:24; 16:10, 12; 23:4; 26:15; 27:5; 31:13, 21 ; 33:25; 34:22; 36:9, 17, 18; 43:25; 44:16; 45:3 whoever [1] 36:22 whole [2] 24:6, 19 whose [1] 32:24 why [2] 32:17; 35:9 wide [1] 32:17 will [12] 4:17, 20, 23, 24; 19:10, 1 1 ; 22:23; 25:8; 26:22; 30:7; 36:16; 38:1 within [ 5] 16:24; 17:4; 21:23, 24; 40:15 without [1] 24:19 witness [12] 2:18; 21:19; 36:4; 38:11 ; 39:12, 14; 40:2, 7, 13; 43:24; 46:5, 13 witnessed [5] 25:18; 40:1; 43:25; 44:14, 17 witnesses [4] 15:4; 21:14; 41:1, 3 wolf [13] 1:8; 3:24; 8:25; 26:25; 30:7, 8, 18; 31:23; 37:3, 7, 14; 38:4; 42:20 wolf's [2] 29:22; 31:16 woman ',[2] 25:7, 13 words 13] 4:16; 9:15; 42:12 work [3] 5:25; 24:25; 34:1 worked I[1 ] 34:14 working [1] 6:6 works (h] 33:24 would [j35] 3:16; 4:13; 10:7; 12:16; 18:13; 23:7, 8;' 24:9, 10; 29:4, 101,; 30:2, 4, 14; 31 :25; 33:1 4; 34:8, 1 1 , 17; 37:',9; 38:16; 39:5; 41:18, 19; 42:18, 19, 25; 43:1, l p-, 44:1 2, 14, 17, !19, 20 wouIdW4 [1] 36:20 written' [3] 15:13; 25:19; 41:19 -IX - x [ 1 ] 2:17 -IY - year [111 5:14 years [4] 5:12; 12:20; 34:13; 45:8 yellow Ill 26:9 yield [1) 31:13 yinger 1[2] 1:4; 8:21 young [1] 25:13 your [44] 3:16; 4:6, 1 5; 5:3, 18, 25; 6:18, 19; 7:8; 9:15; 13:18; 17:10, 14; 18:9; 19:20, 22; 20:20; 22:2; 24 :1, 12; 27:1 , 12, 19; 28:1 1 , 20; 29:17; 30:10, 18; 31:3, 9, 15, 22; 34:5; 35:1 6; 37 :1, 14; 38:4, 22; 41:1; 42:16; 44:17; 45:9 yours [1] 12:23 - Z - zone [11] 34:2, 5, 6, 9, 11, 14, 15, 17; 40:24 COMMONWEALTH OF PEW YLVANIA POLICE CRASH REPORTING FORM Page AA 500 5 P-14.0 SniY /5 q/ 8lp 3? 1114 111111111111111111111 Crash Number P1150321 i .............................._....................... ..... ..... 1 , t 4 1• ..„ ... ...... ...1... ...i... : i•s s ; O .i...........i.. .......1. .:.......... ....... 1..«..... ...........i......... C{ ,fit, i i..........i........... ....;.......i....................,..5.... .....; .....:... . : .........:...................... .............. ...... ........... ........... ............ ............... .......... ..... .... .............. .... .......... i s : - ................................. .. . ..... .... ..... ..... ..... .. ..... ........... ....... ................ ,...............r.....,........... ,........... ...........;.......................i.._....... .............. .-...... _. ... ... ...; , ... .. S.. A t ` i ; ; t { i i S : ' ....... ..... _i....... ..... ..... .... .... ..... ..... ..... «... ..... ....... ..i...........i...........':............ ..........1 .......... ............. ...........i....i......i...»......i_.........:...........i...........i........... i ; . ; ... '. : S ; ...i...........j...........i.._.......j...........j.....................i...........:......................i...........j........... i...... .... f......... j...........i . . .......... ...... ..............?........«.?....1... «.?...........t....... »... .......j......... t + t .... j......... . ... s . .- .?. / } ..1.A ....... : • : ?{ i : ........... - ........... ...................i...........i......................i...............«....5...........I 'i.. ........ 1--_ ....._...I-........: .....................«f...i.......i......._...«...................f........... i...... .1.. .i. • ?......i.......... . i i i s i i i i i .. ' ..... «. ... ' .... ` ... .............................._..............._J..._.. S O1iU 1,J R. : ; 1 ; iUQT ? 7? C Lr Witness Name Address Phone 9 W i?75 L Er ETO 64f/ ? 9 3 PF-4e-H (S 4F/V PA > 3,, L? '7V?- 2 /tf,49 1A) v/S y3yJ 6,fgtw k?. GA4bAifeS P,1 /-7 31y 7/7- ygd-Sooy Narrative and addit onal witnesses: Accident Investigation Notification Issued? 40 Property Damage Q Unit 1- e p one present, no in use, Unit - e phone present, no in use. South on Carl sle Road. Unit 2 made a left turn to travel East on Myerstown Road. Unit 1 crested the hill and struck Unit - 2 in the N la e o bound lane of Carlisle Road in the inlerSeCtIon of Myerstown Road. Unit 2 c e to n9st in the eaSt bound facing f Carlisle Road. e i - ' d ved a I 1 all appear to be i scene and found both units in theii final iest ng position. epeiatur 2 was out ol her-vehi&cle-m rd-did-rro 'ured. O erator(?had been flown b helico ter to the Hershe Medical Center for treatment of life 16. threatening inj uries. a the NOFt + beund Ialie of 1,.4,yeFstGWR Road, which c -- ould be attributed to the point of impact. There was approximately 300 feet of debris field which could be attributedTo q nit 1. ere were no skid mars prior to the collision a could be attributed to ei er uni . 2 in d nper;atcIr I Was flom tn the Hersi:iiev Medical Center prior !o, my arrival and luas not I interviews Operator 2 on 08/05/06 at approximately 1110 hours at the scene of the crash. Operator 2 related that ' , . l l - she was to IvIyerst lp!Ing to turn left fr0m CaM own w Men she heard a loud Uash and lelt her Vehicle belliq r related airbags Qn her vehicle-deployed and that she did nQt n happenQd until her vehicle came o rest and she saw Unit 1 lying in the roadway. Operator 2 related that she did not see Unit 1 prior to the e-vvaswtz,-cuing trer-seat-bet 'Id rear seat of U it 2. 1 interviewe d Witness 1, Wesley Kyle METZGER, 243 Peach Glen Rd. Gardners, PA, 17324, 717-486-4828, on FeXifF}atety 1110 heals at the S le FL.e eFa m. MET lte?? North on Carl sle Rd. METZGER related that Unit 1 began to drive away from him at a high rate of speed, METZER related at it 1 was going in his estimation approximately 10 mph. METZER related that he i not see t e acci ent e-acrid I interviewe d Witness 2, Marian E. DAVIS, 4341 Carlisle Rd. Gardners PA, 17324, 717486-5004, on 08/05/06 at approximateI5 Rd to travel 1120 ours, a the scene o e crash, related a she pulled out o er rive way at 4?J41 Carlisle LiOrth. DAM S related that shp In irri P Ini id noise, looked in her mirror and witnesspri Holt 1 behind her DAVIS relate that Unit 1 passed her traveling north in the 4000 block of Carlisle Rd, and nearly sideswiped her vehicle. intersection o Carlisle Rd. and M erstown Rd. and the crash had already occurred. FORM 0 AA-SW (1=2) PENNDOT COPY EXHIBIT B STATEMENT OF MIRIAM DAVIS REGARDING BEN RITTER ACCIDENT OF 8/5/06 M name is Todd Hassinger, representing the lawfirm of Handler, Henning & Rosenbe g. I am located at 1300 Linglestown Rd. in Harrisburg, Pennsylvania. This is a recorded phone interview with Marian Davis regarding the case of Benjamin Ritter. Today is.l. (interrupted) A My name is spelled M-I-R-I-A-M! Miriam! Q Oh! Miriam Davis. OK. My, uh, my, my apologies. I'm going by the Police Adcident Report and they have it as "Marian." A Well, everybody spells it wrong. Q AR right. It's Miriam. A Milriam. Q OK. Ms. Davis, could you please state your full name and spell your last name please? A My name is Miriam Davis. D-A-V-1-S. Q OK. And your address? A 4341 Carl Rd., Gardners. Q And that's in Pennsylvania? A Urn. hmm (affirmative) Q OK. And your date of birth, ma'am? A Urn. March 1, 1923. Q OK. And, uh, you're retired, I, 1 take it? A Off, yeah! Q OK. -1- EXHIBIT C •A A long time ago. Q Very good. Now, I understand that you were a witness to a motorcycle and motor vehicle collision which occurred-now, again, you did not witness the crash, A No. Q but you came upon the crash. Is that correct? A Yes. Q Yes. OK. And this happened on Route 34, south of Mt. Holly on Saturday, August 5th Is that correct? A Well, I don't know what the date was, but Q It was a Saturday? This happened on a Saturday morning? Is that... A Yeah, I think I was going to the grocery store. Q OTC. Um, can you, can you recall approximately what time this happened? A vVas in the morning, but I don't know what time really. Q That's fine. OK. And you stated you were, you were traveling toward, to the grocery store? A I was going to Carlisle to the grocery store. Q O?. Um, OK. And you left your home and you, wha, what type of vehicle, uh, w at type of vehicle do you drive. A Oldsmobile. Q You drove an Oldsmobile. OK. And, uh, what color? A \ ?hite. Q V*te. OK. All right. And you stated that you pulled out of your driveway to head to Carlisle to go grocery shopping, is that correct? A That's right. Q OIK. Now, when you, when you say you pulled out of your driveway, did you -2- back out of your driveway or did you A No, indeed. Nobody backs out my driveway. Q OK. A That's too dangerous. Q Too dangerous. All right. OK. A I pull down to the end of my driveway and I sit there and I watch up the road and I can see up there, wa-a-a-y up the road, and I couldn't see a thing coming, so I pulled on. Q OK. A Well, I don't go too fast, but I got up here to the top of the hill... Q Ifs if I can stop you for just a minute, Ms. Davis, um, when you pulled out of your driveway- I'm trying to, I'm trying to, uh, I'm trying to, uh, get a mental picture inl my mind, uh, I don't know which side of the road your home is situated, but ulh, if you, if you're traveling north towards Carlisle, did you make a left turn out of your A Right. Q Ylou made a right turn out of your driveway? OK. So you sit, if, if one is looking north, you, uh, sit on the righthand side of Route 34. A Right. Q O,IK. Very good. I'm sorry. If you would, if you would just pick up where you, where you left off. A Weil, when I got to the top of the hill, which is only about, oh, a little over 100 ft, somewhat over, I heard this terrible noise in the back of my car. Well, my son had just put a new muffler on it and I thought, oh, my gosh, my car's broke again. I guess I might as well go back home. Well, I looked in the mirror and, ye gods!, hoh! was I ever scared! I mean, he was practically against me. Q V? ell, let me, let me ask you this. You say that you pulled out your, your, you pulled out of your driveway A Yleah.. -3- .Q Headed north. Made a right turn out of your driveway, headed north. Approximately how long were you, had you been on the road? A Oh, my gosh, only a couple of seconds. Q Just a couple of seconds. OK. A It doesn't take long to go to the top of the hill. It's only a little over a... well, my neighbor measured it, but I'd say, well, maybe 175 ft at the most. Q OK. A I don't think it's that much. Q Well, wait, now wait a minute, what, what, what is, what is, what's the measurement for 175 ft? A Pardon? Q What do you, what do you, what are you referring to when you state 175 ft? A Well, my lot is 175 ft back from the road. Q I see. OK. OK. A Not very far up there. Q Ok. OK. And your, your address again, if you would please state that for me. A 441 Carl Rd. Q Gptcha. OK. Again, you stated that you no sooner than pulled out of your d iveway, when you heard a loud noise from behind. Is that correct? A I made it up to the top of the hill. Q You made it up to the top of the hill. OK. How far, wha, what, what would you, w, at would you su, what would, uh, what would you state the distance is? A V?ell, I'm trying to tell you. I don't know. Q Yeah, oh sure, OK. A It (might be 175 ft, so, not far at all. It's just the next house. 4 Q Oh, OK. All right. So, by the time you got to the next home, you heard a loud noise behind you A I heard an awful noise behind my car! Q O All right. A A d I thought it was my car doing it. So I looked in the mirror and, good God, he was up, oh, I thought he was going to come up over my trunk! Well, then he cot out around me. And I said, he's going to sideswipe me and that was close, 1' tell you! Well, then I was so upset and shaking, that I didn't look down the road to see where he got to. Q V*I, let me ask you this. How fast were you traveling by this point in time? A Oh, heaven's sake. I don't know! Not fast at all. Q \/Vell, would 25 mph maybe... A Not more than that, I don't think. Q Bat would you say less than that possibly? A V?ell, possibly, yes. Q Ohat would be your best, best in regards to your speed at that point? A Pardon? Q V?hat would be your best estimate..? A Oh, I don't know! The cop asked me that. I said, I don't know. I'm not very good at that sort of thing! Q Oell, what is the posted speed limit there? A 4$. Q 4?. OK. Were you traveling 45 at that point? A Oh, no, no, no! Q OK. A Ol,h, no! Uh-uh! -5- Q So you were traveling well below the speed limit? A Absolutely. Q Because you had just pulled out, is that correct? A Yeah. Q OIK. A Then he cut out around me. But I don't know what made that terrific noise back there. It was terrible! It's like (can't understand) off my automobile. Q Urn-hmm A Then I said to myself, well, I just might as well go back home, I guess. And then I looked in the mirror and I saw him. I said, oh my God! There's a motorcycle b6si, behind me. Well, then he went around me. Well, I was talkin' to myself, 4 course, I was alone. And I said, he's going to sideswipe me! Well, if there had been a car coming the other da, the other direction, up the hill, toward us, Q Urtn-hmm A I don't know what woulda happened. We'd all been in it probably. So then I went on down the hill and, uh, there's a place before you get up over the next hill is !,a blind spot, when you're coming from, when you're going south on that road, is Ia blind spot there. You can't see anybody coming. You know what I mean, when you're coming up the right side of the road from Carlisle Q Urn-hmm A Well, he turns left at that Myerstown (?) Rd. Q I see. A Arid, uh, right there, you just can't, you can't hardly see if there's anybody coming. Q OK. A 01h. So, anyway, I just saw a car parked in the middle of the road down there- well, not in the middle of the road-on the middle of the, half of the road that I was driving on. -6- .Q Um-hmm A So, L. Then I saw the motorcycle and it was sittin' there in 2 pieces and, uh, I stopped right beside thi, right behind the first automobile that stopped Q Urn-hmm A And I got out of the car and I left my car sit there, because I said I was afraid the car would come down over the hill and run over him. Q 1 see. A So I left my car sit. I said, I'd rather have my car hit than have him hit. Q OK. A Sd, that was it. Q Now, you say you go, did you get out of your vehicle? A Yes, I did. Q OK A I walked down to where he was. Q Olh, OK. Was there anyone there at that point in time? A Yes. There was 2 men there. Q OK. A But I don't know who they were. Q OTC. They were already there? A Urfn-hmm Q Did, did that vehicle go around you at all while you're traveling? Between the time that you pulled out of your driveway? A Yes, he passed me after I heard him behind me. Q That's the motorcycle. -7 A Uh-huh. Q Yes, I'm talking about.. A No, no, no. That vehicle didn't. Q Nd. No, so A I didn't see him if he went past. Maybe he come out from somewhere else, I don't know. Q But, but to your knowledge, no one passed you other than the motorcycle? A I don't, I didn't see anybody. Q Betw, between the time that you pulled out of your driveway and the time th;t you arrived at the accident scene, no one passed you other than, other th n the motorcycle? A I didn't think so, no. Q OTC. OK. That's fine. And you state that, when you got to the scene, the vehicle, the, the, the car was stopped in the middle of your lane, is that correct? A Yes, that's right. Q OIK. The motorcycle was in 2 pieces lying on the ground, is that correct? A And the motorcycle was in front of him I guess. Q OK. And he was lying in the roadway, is that correct? A Yes, he was. Q And you say there was already two individuals at him. A Two men with him. Q dK. Did you speak to those two men at all? A No, I didn't. Q OK. Do you know how old they were by chance? A Oh, Good Lord, I didn't even look that close at 'em! -8- Q I see. OK. Did you, did you speak to anyone at the scene? A Well, one of the neighbor women came out. She was crying. I said, what's wrong? And she said, I thought that was my ex-son-in-law. I said, well, I don't know who it is. Q OK. Other than, other than the next-door neighbor, did you speak to anyone else? Did you speak to anyone involved in the crash? A Yes, I did. Q You spoke to who? A The girl that Q that was A he hit. Q OK. A because.. Q And what, what comments did she make or what did she state? A She didn't say much of anything. I looked at her car Q Urrn-hmm A I saw she's the one that he hit. Q Ulm-hmm A She said she pulled her car off the road. She did say that. Q Ulm-hmm A And she said she didn't, uh, she didn't see anybody anywhere Q OiK. OK. Is that all she said? \/ /as there anything else that she may.. -9- •A There wasn't much said, no, she said she had her two little girls with her. Q Old. All right. And then you obviously provided a statement to the Police, is that correct? A Yes. Q Olk. All right. A I was getting ready to leave and he nailed me. Q OIK. Um, if I, if, if you have time, I'd like to read your statement, if I may? A Wlell, go ahead. Q OTC. Um. The statement that I have here in front of me- and this is in regards to'the Police Accident Report, um, states that, um, the, uh, the, State Police Officer interviewed- you're listed as Witness #2- Marian E. Davis at 4341 Carlisle Rd. in Gardners. Uh, "On August 5 of 06, at approximately 1120 hrs atlthe scene of the crash, Davis related that she pulled out of her driveway ati,4341 Carlisle Rd. to travel north. Davis related that she heard a loud noise, looked in her mirror, and witnessed Unit 1 behind her - which would be the motorcycle- Davis then related that Unit 1 -the motorcycle- passed her traveling north in the 4000 block of Carlisle Rd. and nearly sideswiped her vehicle. Davis related that she thought to herself, he is going to kill himself. A That's what I said out loud. Q OTC. And Davis related that she crested the hill prior to the intersection of Carlisle Rd. and Myerstown Rd. and the crash had already occurred." And is (that correct, to the best of your knowledge? A Yes. Yes! Q Is' there anything that you would like to add to that, that you recall? A Np. I just parked there, behind that other car and got out and walked down 6 the boy Q Urn-hmm A But I didn't touch him or anything. Q Were you traveling, did you have your windows open? -10- A No. Q No. You had your windows closed. A Yeah. Q OK. And you said you heard a terrific loud noise? A Oh, my Lord, yes! It sounded like a Mack truck behind me. Scared me! Q Um-mm How, how long was he behind you? A Oh, only a couple of seconds. Q OK. And then he went around you? A And went around me. Q OK. Uh, did he stay a consistent rate of speed? A Did he what? Q Did he stay at a consistent rate of speed? A Behind me? Q No. When, when he, when he, when he overtook your vehicle? When he wont around you? A No, he just took outta there. Q Soy again? A Ho went flying outta there. I uvould say. Q Do you have any idea what his speed may have been? A Oh, Lord, no! Q OK. -11- A I don't know what he was doing. Q OK. But, again, your speed you say was well below 45. A Yeah. Q Possibly only A Yeah. Q 25 mph, is that correct? A I don't go very fast down through there. Q OK. All right. Um, I, 1 don't believe I have any further questions. Again, do you, islthere anything else that you would like to add to this matter, uh, Mrs. Davis, that, uh, that we haven't touched upon or discussed? A No, that's all. I mean, I stood there and watched the man working on him but and then they called the ambulance and then they called the helicopter and uih, I thought the boy had died. He, uh, seemed like the one time he stopped brfeathing and I said, oh, my God, he's dyin' and I walked away from him. Q I see. All right. Um, I have no further questions, Ms. Davis. I do appreciate your time and cooperation. Thank you very much. A Ulm-mm Q Good-bye now. A Bye-bye. Q Good-bye (TRANSCRIBED BY VFF ON 9/1/2006) -12- ?*(kym,YA - ?Al ? (?A P-) Insured: Tobie & Heather Wolf ClaimNo.. 010170877635 DOL: 08/05/2006 R/S of. Miriam Davis Line of Business: APV This is Debbie Wallace with Erie Insurance at 717-761-6646 speaking with Miriam Davis (regarding an accident that she came upon after the fact that took place on August 5, 2006. Today is August 30'`, 2007. The time is approximately 8:58 A. M. The claim number is 010170877635. The insured is Tobie and Heather Wolf. Q: Miriam would you state your full name and spell the last name for me please? A: Miriam Davis, D A V I S. Q: And Miriam do I have your permission to record the interview? A: I don't care if it don't give me trouble. Q: Okay and Miriam what is your home address? A: 4341 Carlisle Road, Garners. Q: Okay. A: 17324. Q: Okay and your phone number there? A: 486-5004. Q: Okay and Miriam just for our records what is your date of birth? A: March 1St, '23. Q: March 1St, '23? A: So you know how old I am now? Q: Yeah and do you recall a motor cycle accident of last year. I have it as a Saturday, August 5 of '06? A: I don't think I will ever forget that. 2 Q: Okay and you were outside that day? A: I pulled out of my driveway in my car. Q: Okay. What car did you have that day? A: My only one I have a white Oldsmobile. Q: A white Oldsmobile? A: Uh huh. Q: Okay. So you pulled out of your drive at 4341 Carlisle Road? A: Yeah, right. Q: Okay and when you pull out there what roadway do you pull onto? A: 34. Q: Route 34 and this would be Gardners then, correct? A: Right. Q: Okay and you were heading what direction when you pulled out of your drive? A: North. Q: Excuse me. A: North. Q: North on Route 34, when you came out of your drive did you turn right or left? A: Right. Q: Okay and Route 34 there is that two lanes, one going in each direction? A: Sure. Q: Okay. How about a speed limit through there do you know what that is? 3 A: Forty-five. Q: Okay. So you started to pull out of your driveway? A: I pulled out of my driveway. I got on the road and I went up to the top of the hill. Q: Okay. A: And then probably about two hundred foot at the most I think. Q: Okay. A: And I heard this rattle in the back of my car. Q: Right. A: Well I thought my what is the matter with my car. Q: Right. A: What did I do? Q: Right. A: So anyway I looked in the mirror and my this motor cycle was all but up in my trunk. Q: Okay. A: Well then he decided I imagine that the noise with him trying the brakes. Q: Okay. A: And he went around me. Q: Okay. A: I said he is going to sideswipe me. Q: Right. A: Well his elbow just missed my mirror. 4 Q: So he was pretty close to you when he was going around you? A: Oh yeah, oh yeah. Q: Okay. A: Well then he went down the hill and there's another big hill then down there. Q: Okay. A: And I was too scared to look what was going on. Q: Right. A: I went down the hill and went I got down to the next big hill well, beyond the hill a little piece, I saw there was a car stopped in the middle of the road and I pulled up behind him and parked.... Q: Okay. A: Parked right on the road. Q: Okay. A: While he was laying on the road. Q: Okay. A: And it wasn't moving. Q: The driver of the motor cycle? A: Uh huh. Q : Okay. A: The motor cycle was broke in two pieces. Q: Okay. A: And now. 5 Q: Where was he right on the, on the roadway? A: Pardon? Q: Was he kind of in the middle of the road? A: He was on the right side of the road. Q: Okay. A: Where I would have been driving. Q: Okay. A: And... Q: Was he at any intersection or anything? A: He just passed an intersection. Q: Which road do you know? A: Mystertown Road. Q: Okay. A: And this lady said she was turning left. Q: Okay. A: Of course I am just taking her word about it and I think she was because her relative lives on that road. Q: Her what did? A: Her relative. Q: Oh, a relative okay. A: Yeah a relative. Q: Okay. 6 A: And there was when I got through there were two men there. Q: Okay. i A: Well they were talking to him and trying to get him to talk. Q: Right. A: I don't remember anything if he said anything or not I couldn't hear. Q: Okay. A: So then I called the ambulance and Life Lion and he was bleeding pretty bad. Q: Okay. A: It probably was his ear it looked like. Q: Okay. A: So that was about it and then they just came and took him. Q: Okay. A: So but right before this ambulance came he took a big short breath of air. Q: Okay. A: I said oh my he is dying. Q: Yeah. A: He scared me so bad I didn't know what to do. Q: Right. A: So well I hate to see somebody get hurt that is so young. Q: Yeah, he was young? A: Well I think twenty I am not sure. Q: ,Okay. 7 A: Well that's about it I mean they put him in the ambulance and brought him up to the school and put him on a.... Q: Helicopter? A: In the helicopter and then the cop talked to me. Q: And was that the state police? A: The state police uh huh. Q: Okay. Were they out of Carlisle? A: I supposed I don't know. Q: Okay. A: I imagine so because we were in Cumberland County. Q: Okay. A: So anyway. Q: Any idea what speed he might have been going? A: Well I don't know because I said I was so scared I didn't watch after he went passed me. Q: Okay. A: But I think he got past me I could watch. Q: Right. A: And you know when you break a motor cycle in two pieces? Q: Yeah. A: The speedometer and the let's see what else, the speedometer and another piece were flying clear way up over the bank. Q: Okay. 8 A: In another man's yard. Q: Okay. A: And his one shoe was laying up there. Q: Okay. A: So that's all I know about it and everybody down there said he was fine. Q: Okay. A: I don' know I didn't hear that. Q: How about when he went past you? A: Well I imagine he was flying because I guess that noise I heard was him drawing the brakes trying to stop. He didn't hit me but he was just about on me. Q: Okay. A: And then when he went around well he sounded like he just pretty much floored it. Q: Okay. Any idea at that time what your speed had been when you pulled out? A: Well my gosh I just pulled out of my driveway. Q: Yeah so you weren't going too fast yet? A: No. Q: Okay. A: Uh uh and I do watch the speed limit. Q: Right. A: And well young kids get mad at me because I don't do more than the speed limit. Q: Yeah. 9 A: Or they blow their horn when passing. Q: Right. A: And I just go on. Q: Yeah. A: So well that's about it. Q: Okay. The car then, the lady that had the car that said she was turning? A: Uh huh. Q: Do you know what type of car that was or remember anything? A: No I don't. Q: Do you remember anything about damage to the car? A: Well I think the windshield was broken. Q: Okay. A: I heard her saying and she turned that, she said I didn't see a thing anywhere. Q: Okay. A: And I know I just felt something hit me. Q: Yeah. A: Well when we get on right where she was turned... Q: Right. A: Going south you go down there.... Q: Okay. A: It's pretty, pretty hard you can't see another car. 10 Q: Okay. A: So that makes it bad there. Q: Right. A: You have to almost stop and then wait. Q : Yeah. A: You know and then go when you don't see anything. Q: Right. A: It's a bad place. Q: Okay and he was on the motor cycle, right? A: Um hmm. Q : And was there anybody with him at all? A: No not when he passed me there wasn't. Q: Okay. A: But he didn't belong on the road and I don't know if anybody saw him that was there across the road in this man's yard or on the left side of the road. Q: Okay. A: And that's, that's just the same. Q: Okay. A: Well they go up there sometimes like crazy but. Q: Yeah. A: I heard one the other day and I thought boy you are going to kill somebody. Q: Right and out where you are I mean it's kind of a rural area? A: Yeah. Q: And the, the road kind of hills and dips? A: Yeah, there are actually a couple of hills down right here from my house. Q: Yeah. A: They are down I would say North. Q: Okay and that Myerstown Road that's kind of? A: That's... Q: That's kind of hidden until you come up upon it? A: Well yes, it does. Q: The entrance is kind of hard to see until you are right, you know, kind of right up on it? A: Like I said when you well, she knew where she was going. Q: Yeah, right. A: But where you turn left there you almost have to stop and just- wait a little. Q: Right. A: I seen them do it. Q: Right. A: And it's a very, very, very bad place. Q: ,And were there any...? A: Stop signs there. Q: There is a stop sign for Myerstown right? A: Yeah. 12 Q: And nothing on 34? A: Uh uh. Q: Do you know were there any people there that saw anything happen you said there were two guys there? A: Somebody said somebody was sitting out on his porch but I don't know who the man was. Q: Okay. A: I don't know about that if that was just hearsay. Q: Yeah, how about you said there were a couple of guy there when you got there? A: While I was there yeah and I walked back, I walked right up to him where he was. Q: Right. A: And I parked right in the middle of the lane. Q: Right. A: Beyond him because-I thought oh gosh if somebody comes tearing down through here they are going to run over him. Q: Right. A: And I had a feeling that's why they parked that way. Q: Okay. A: So then when I well after he left or before he left I went and moved my car off the road. Q: Okay. The guys that were there did they? A: I didn't know who they were. Q: ;:Did they seem to know him? 13 A: Well I don't, I don't think so I don't know. Q: Okay. A: They were trying to find out his name. Q: Okay. A: There was, later there were two young boys that came down and said they know him. Q: 'They did? A: But I don't know who they were either. Q: Okay. A: The little one was crying he said he is my best friend. Q: Okay. So maybe they were going the same way or something? A: I don't know if they were in a car or what, I didn't see any other motor cycle. Q: Okay, right, right were there other cars stopped there though? A: Oh my, yes. Q: Yeah. A: There were a lot of people there. Q: Okay. How about the weather that day was it clear out? A: Yes, it was a nice day. Q: Okay. So the roads would have been dry at the time? A: Yeah. Q: And do you remember about what time of day this happened? A: Well I can't tell you I started out to go to the grocery store. 14 Q: Okay. A: But I never looked at the clock. Q: Would it have been morning or do you think it was later? A: I think the morning. Q: Okay. A: In the morning or right after lunch. Q: Okay. A: I have diabetes and I have to eat. Q: Yeah. A: So I don't know if that would be lunch before I went. Q: Okay. A: And I am not sure about that. Q: Okay. Anything else you can remember at all about that day, the people that were there or any witnesses or anything? A: Well I don't know I wanted to get back to my place. Q: Yeah. A: Well but he was walking around and talking to a lot of people. Q: The officer was? A: Uh huh. Q: And you are not sure if the boy had been conscious after the accident or not? A: Well they took him away I don't think so. Q: Okay. 15 A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: And as far as him moving around I don't believe he moved at all. Okay. Until he took that big thing off him. Yeah. And you know I didn't hear anything from him before that. Right. But they were talking or trying to talk to him. Yeah. But I don't know if he answered. Okay. I am hard of hearing. Right, okay. Did you understand the questions that I asked? Yes. Were the answers that you gave me true and correct to the best of your knowledge? To the best of my knowledge that is what happened. And I had your permission to record the interview? Yes. Is it okay to turn off the tape at this time? Well he's just going to take me to court. Okay. Is it okay to turn it off? Okay. 16 Q: Okay. Transcribed by: H2 Transcription Transcribed on: 09/05/2007 7V too" roop, fooo" a IERIt?' R D1!r-FIF. IiICfiAPD ?1 STEWAR C:. RO? WEIDNEI=L. IR GDMt'ND G. M),i;m "DAVID Vv. DELUCI_ JOH;A A STATLEF; JEFFERSON j. SHIPMAN JEFFRES B. RETTIG KEVIN L. OSBORNI:. RALPH H. WRIG T 11" M.ARI? C. DOFFI?: JOHN R. NINOSIyI MICHAEL !. CASislf) " CHRISTOPHER LL ;,S L A N' O F F I C L. S ON DUFFIE V?EL1SS.-! I'm GREF.VI 1N ADE D. MANLEI' ELL2ABETH D. SHOVER ANDRF.N' P. DOLLMAN SARAH E. HOFFMAN OF COUNSEL HORA.CE A. JOHNSON F. LEE SHIPMAN 11965-20061 WRITER'S EXT. NO. 148 E-MAILjjs@jdsw.com March 4, 2010 Matthewl. S. Crosby, Esquire Handler,' Henning & Rosenberg, LLP 1300 Li6glestown Road Harrisburg, PA 17110 Fie: Benjamin Ritter by Candi Yinger v. Heather L. Wolf No. 2008-4552 Civil Term Dear Mott: Enclosed is a copy of the diary of Miriam Davis which we obtained from her daughter. Apparently, Mrs. Davis is in a nursing home in Carlisle. We are attempting to schedule a deposition of her. Please accept this as a supplement to our discovery responses. Very truly yours, NSON, DUFFIE, STEWART & WEIDNER i Jeff' rs ?'. Shipmtan JJ S: g j mj:394204 Enclosure 301 MARKET STREET P.O. BOX 109 LEMOYNE. PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM EXHIBIT D JOHNSON, DUFFIE, STEWART & WEIDNER, F.C. Matthew S.',Crosby, Esq. I.D. No. 20 69 HANDLER HENNING & ROSENBERG, LLP 1300 Lingl stown Road, Suite 2 Harrisburg PA 17110 Telephone; (717) 238-2000 Fax : (717) 233-3029 E-mail: crosbv@hhrlaw.com Attorneys for Plaintiff BENJAMIN J. RITTER, by and through his natural parent and legal guardian, CANDI YINGER Plaintiff V. HEATHER L. WOLF, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4552 : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the following by United States first-class mail, onAPQ (L_, ?, 2011: Jefferson J. Shipman, Esq. Johnson,, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box' 109 Lemoyne, PA 17043-0109 (Counsel or Defendant, Heather L. W610 RG, LLP By HAN77777 Matthew S. Crosby, Esq. Attorneys for Plaintiff DATE: ZL ?i