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HomeMy WebLinkAbout04-2338IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 - 2:?:9P Civil Civil Action - (XX) Law ( ) Equity Michele L. Dobbs, Terry A. Dobbs 4804 Brian Rd. 4804 Brian Rd. Mechanicsburg, PA 17050-0313 Mechanicsburg, PA 17050 AND Affordable Building & Construction Co. versus 404 Copenhaffer Rd. York, PA 17402 Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writs of Summons in the above-captioned action. Two 2 Writsof Summons Shall be issued and forwarded to ( )A ey (XX)Sheriff Matthew S. Crosby, Esquire / 1300 Linglestown Rd. Harrisburq, PA 17110 Signature of Attorney (717) 238-2000 Supreme Court ID No. 69367 Name/Address/Telephone No. of Attorney Date: 05/19/2004 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: /?qy .D QU of by g6oeu2tye( ) Check here if reverse is used for additional information PROTHON. • 55 r?r^ V/ W W \ O' N O s.. ^G N .K" C, CJ c fiT 'CTr r: OCIO SHERIFF'S RETURN - REGULAR CASE NO: 2004-02338 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOBBS MICHELE L VS DOBBS TERRY A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DOBBS TERRY A the DEFENDANT at 1248:00 HOURS, on the 27th day of May , 2004 at 4804 BRIAN RD MECHANICSBURG, PA 17050 by handing to TERRY DOBBS a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this 3"" day of ,2 tray A.D. rothonotary So Answers: R. Thomas Kline 06/29/2004 HANDLER HENNING OSENBERG By' /0, 0 14C ;) 6 ?e ? L Deputy Sheriff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02338 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOBBS MICHELE L VS DOBBS TERRY A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: AFFORDABEL BUILDING & CONSTRUCTION CO but was unable to locate Them deputized the sheriff of YORK in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On June 29th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers- Docketing 6.00 ' Out of County 9.00 Surcharge 10.00 R.eThomas Kline Dep York County 29.00 Sheriff of Cumberland County .00 54.00 06/29/2004 HANDLER HENNING ROSERBERG Sworn and subscribed to before me this Fl- day of ,2ooY A.D. Prothonotary COUNTY OF YORK OFFICE OF THE SHERIFF S 7 E )77 9601 71 28 EAST MARKET ST., YORK, PA 17401 q i A 4 kY 4 x'a ?, xl 4Y C ». x 4 4 Y Y a b E SHERIFF SERVIC PROC E ESS RECEIPT, and AFFIDAVIT OF RETURN 'o o 1. PLAINTIFFS/ 2. COURT NUMBER AX EM MICHELE L. DOBBS 20044v2338 CIVIL cvr&v-rietna G 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT TERRY A. DOBBS & AFFORDABLE BUILDING & CONSTRUCPION CIVIL WRIT SICA SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Affordable Building & Construction Co. W 8. ADDRESS (STREET OR RFD WITH BOX NUMBER?.APr?0.1 CITY, SOHO, TWP., STATE AND ZIP CODE AT prie ffer .,PA T7402 404,Co 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE X)4DEPUTIZkMtRXfAVA1L 01 ST CLASS MAIL 0 POSTED 0 OTHER NOW May 25 AQ 20041, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. a HEa1FF Of YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cmberland OUT OF COUNTY CUMBERLAND ADVANCE FEE PAID BY SHERIFF Please mail return of service to Clnnberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE E NO ADDRESS of ATTORNEY/O ,iRMTOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE XX )V, V ew Cro Esq., 1300 Linglestown Rd.Haxlx7nurg' PA 717-238-2000 ?L6p,DXA1.f 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed). 5 - 2 4 - V 4 CUMIiC?l?DDSXWT:F 2jXx$8180c?L24t4asXatvattaF?JxY?xDx?Xv x ziR x 13.1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15 Expiration/Hearing Date or complaint as indicated above. R. AHP.ENS 5-27-04 16-23-04 16.1 hereby CERTIFY and RETURN that I O have personally served, 0 have posted property, 0 have legal evidence of service as shown in 'Remarks', O have executed as in 'Remarks', the wrtt or Complaint described on the individual, company, cor- poration, etc, at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17.0 I hereby Certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above 18. N/g1E AND TITLE OF INDIVIDUAL SERVED/ 61ST ADDRESS HERE IF NOT SHOWN ASO E (Relationship to Defendant) \''•(9`E.Li rp?/J1 --(7?J"Q.v FiSlceR. - T.? fi 21. EMPTS Datb Tme Mile ,7 Int. Data Time Mlles Int. I Date Time Mlles Int. I Date ?me Mlles?nt. I Date 22. Advance Costs l 2 rvl??" is 24. Not Fountl 15.2M ' ay@ 26. Postage 27. Poundage 28. Notary Fee 29. Suroha 75 On I V Is Ia. cc 32. REMARKS: 33. AFFIRMED and subscribed to before me this 6 TUNE. M04- 34. day of Notarlel RoW 19 C(1I?? flames V V .n. Notary Public 35. y"V11'7--ef 14 :..ounty, PA GG My cnr, p,yyaray erA??Ri,?1, 2005 MY COMMIS$I 42.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE . (See remarks below.) 19. Date of Se ice 20. Time of Service Time Miles Init. Date Tlme Miles int. rge 30, otal t 31C Du Refu /qx/ i` 6 ///111 ///111 SO ANSWER. 36. Signature of 0. 39. Date Dep. Sheriff 16 9r O? 37. Signature of o WILLIAP1 13. HOS 16-/04 County Sheriff 36. Signature of Foreign 41. Date ` County Sheriff 43. Date Received 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office THOMAS, THOMAS & HAFEP, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 MICHELE L. DOBBS, Plaintiff v TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 : CIVIL ACTION -LAW : JURY TRIAL DEMANDED ENTRY OF APPEARANCE'' TO THE PROTHONOTARY: Please enter the appearance of John Flounlacker, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, Affordable Building and Construction Company, in the above- captioned case. THOMAS, THOMAS & HAFER, LLP John F unlacker, Esquire I.D. Number: 73112 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717)237-7134 Dated: ilia-16,( 320331.1 CERTIFICATE OF SERVICE 1. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Terry A. Dobbs 4804 Brian Road Mechanicsburg, PA 17050 THOMAS, THOMAS & HAFER, LLP ? annie L. Kawa ec Dated: f ?'/ b/0 ?`` I! .. y CL." COMMONWEALTH V. DONALD COVALESKI IN RE: HEARING DE NOVO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW 04-2620 CIVIL ORDER OF COURT AND NOW, November 17, 2004, by agreement of counsel hearing in the above matter is continued from this date to Monday, January 31, 2005, at 1:30 p.m. in Courtroom No. 3. L rett P. Zankel, Esquire 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 For the Defendant v6eorge Kabusk, Esquire Department of Transportation Commonwealth of Pennsylvania 3rd Floor, Riverfront Office Center 1101 South Front Street Harrisburg, PA 17104-2516 For the Commonwealth 4 ll-l7 ?? By the Court, ti ?1 THOMAS, THOMAS & HAFEK LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendant MICHELE L. DOBBS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 2004-2338 TERRY A. DOBBS and CIVIL ACTION -LAW AFFORDABLE BUILDING AND CONSTRUCTION CO., JURY TRIAL DEMANDED Defendant PRAECIPE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. THOMAS, THOMAS & HAFER, LLP J?Kn Flounlacke:r, Esquire Counsel for Defendant, Affordable Building RULE TO FILE A COMPLAINT AND NOW, this 174J-4ay of 1000. , 2004, a RULE is hereby granted upon Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY . r? n ti - ? -r•, iTl CD MICHELE L. DOBBS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants No. 2004- 2338 Civil CIVIL ACTION - LAVA JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues 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 accion 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 reclamacibn 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 NOTIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARPOR 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 800-990-9,108 HANDLER, HENNING & ROSENBERG, LLP >?? By: Matthew S. Crosby, Esquire I.D.# 69367 1300 Linglestown Road, Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff FAWP Directories\JFL\complaints\mva\road condition\dobbs.wpd MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-2338 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Michele L. Dobbs, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew 113. Crosby, Esq., and makes the within Complaint against the Defendants, Terry A. Dobbs and Affordable Building & Construction, and avers as follows: 1. Plaintiff, Michele L. Dobbs, is an adult individual currently residing at 4804 Brian Road, Mechanicsburg, Cumberland County, PA 17050-3013. 2. Defendant, Terry A. Dobbs, is an adult individual currently residing at 4804 Brian Road, Mechanicsburg, Cumberland County, PA 17050-3013. 3. Defendant, Affordable Building & Construction Co., is a corporation with offices and/or a mailing address listed at 404 Coppenhaffer Road, York, York County, Pennsylvania 17402. 4. At all times material hereto, North Crest Drive, which is located in Newberry Township, York County, Pennsylvania, was a residential roadway over which Defendant, Affordable Building & Construction Co., had the responsibility for the design, construction, supervision, inspection, and maintenance. 5. At all times material hereto, Defendant, Affordable Building & Construction Co., owed a duty to Plaintiff and others traveling on North Crest Drive to provide and maintain a safe roadway, namely, North Crest Drive. 6. At all times material hereto, Defendant, Affordable Building & Construction Co., owed a duty to Plaintiff and others traveling on North Crest Drive to warn of any dip in the roadway, any excessively high manhole covers protruding from the roadway, and/or any other dangerous conditions. 7. At all times material hereto, Defendant, Affordable Building & Construction Co., owed a duty to Plaintiff and others traveling on North Crest Drive to warn of the construction they had been performing on and/or of any dangerous conditions around North Crest Drive in Newberry Township, York County, Pennsylvania. 8. At all times material hereto, Plaintiff, Michele! L. Dobbs, was the front-seat passenger of a 2000 Hyundai Elantra that was owned and operated by the Defendant, Terry A. Dobbs (hereinafter "Defendant's vehicle") 9. At all times material hereto, Plaintiff, Michele L. Dobbs, was insured by USAA Insurance Company, under which motor-vehicle insurance policy the Plaintiff was covered through the full-tort option. 10. At all times material hereto, no adverse weather conditions existed, but an excessively high manhole cover protruded from the middle of North Crest Drive, and there was also a dip in the roadway surrounding the manhole. 11. On June 9, 2002, at approximately 1:30 p.m., Defendant's vehicle was traveling on North Crest Drive in Newberry Township, York County, Pennsylvania. 2 12. At approximately the same time and place, the. undercarriage of Defendant's vehicle struck the manhole cover protruding from the middle of North Crest Drive, causing both the driver's side and front passenger's side airbags tc immediately deploy. 13. At all times material hereto, Plaintiff was carrying a clipboard on her lap, and the force of the deploying airbag caused the clipboard to sham into Plaintiffs face. 14. As a direct and proximate cause of the aforerentioned crash, Plaintiff had to be transported from the scene of the incident via ambulance to Harrisburg Hospital. 15. At all times material hereto, Defendant, Terry A. Dobbs, had notice of the dangerous condition of the excessively high manhole cover in the middle of North Crest Drive, as he had previously driven his vehicle over the manhole cover on his way into the neighborhood where North Crest Drive was located. 16. At all times material hereto, Defendant, Affordable Building & Construction Co., had notice of the dangerous condition of the excessively high manhole cover and surrounding dip in the roadway, and, despite said notice, allowed the dangerous condition to remain. 17. At all times material hereto, there were no warning signs posted on North Crest Drive warning motorists of the aforementioned dangerous condition. 18. As a direct and proximate result of the negligence of the Defendants, Terry A. Dobbs and Affordable Building & Construction Co., Plaintiff, Michele L. Dobbs, sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE MICHELE L. DOBBS v. TERRY A. DOBBS 19. Paragraphs 1-18 are incorporated herein as if set forth at length below. 3 20. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Michele L. Dobbs, were caused directly and proximately by the negligence of Defendant, Terry A. Dobbs, generally and more specifically as set forth below: (a) In operating a motor vehicle inattentively; (b) In failing to have the vehicle under proper and adequate control; (c) In permitting or allowing the vehicle to strike and collide with an obstruction clearly in the middle of the roadway; (d) In failing to maintain his vehicle on the right side of the roadway; (e) In failing to operate said vehicle in such a manner that would allow him to apply the brakes and stop before striking the manhole cover; (f) In failing to drive at a careful and prudent speed; (g) In failing to have sufficient control of his vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (h) 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 his vehicle under such control that injury to persons or property could be avoided; and (i) In operating his vehicle at a speed in excess of the speed limit. 21. As a direct and proximate result of Defendant's negligence, Plaintiff, Michele L. Dobbs, sustained severe injuries, including, but not limited to, three chipped teeth; three 4 broken-off teeth; and injuries to her jaw, shoulder and neck. Additionally, Plaintiff required stitches in her lip. 22. As a direct and proximate result of Defendant's negligence, Plaintiff, Michele L. Dobbs, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 23. As a direct and proximate result of Defendant's negligence, Plaintiff, Michele L. Dobbs, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 24. As a direct and proximate result of Defendant's negligence, Plaintiff, Michele L. Dobbs, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 25. As a direct and proximate result of Defendant's negligence, Plaintiff, Michele L. Dobbs, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 26. As a direct and proximate result of Defendant"s negligence, Plaintiff, Michele L. Dobbs, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 27. Plaintiff, Michele L. Dobbs, believes and, therefore, avers that her injuries are serious and permanent in nature. 5 WHEREFORE, Plaintiff, Michele L. Dobbs, seeks damages from Defendant, Terry A. Dobbs, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs, and demands a trial by jury. COUNT II - NEGLIGENCE MICHELE L. DOBBS v. AFFORDABLE BUILDING & CONSTRUCTION 28. Paragraphs 1-27 are incorporated herein as if set forth at length below. 29. At all times material hereto, Defendant, Affordable Building & Construction Co., was negligent and careless with respect to the supervision, inspection, and maintenance of North Crest Drive, namely engaging in the placement of a manhole cover, at and near the crash site, and such conduct was a factual cause of the crash and said injuries and damages suffered by Plaintiff. 30. The occurrence of the aforementioned crash and the resultant injuries to Plaintiff, Michele L. Dobbs, are the direct and proximate resu It of the negligence, carelessness, and/or recklessness of Defendant, Affordable Building & Construction Co., generally and more specifically as set forth below: (a) I n failing to provide adequate signing and warning of the hazards presented by the dangerous condition of the excessively high placement of the manhole cover in the middle of North Crest Drive; (b) In failing to provide adequate signing and warning of the hazards presented by the dip in the roadway surrounding the manhole on North Crest Drive; 6 (c) In failing to properly and timely inspect, maintain, and correct the dangerous condition of this roadway presented by the excessively high manhole cover protruding from the middle of the roadway; (d) In failing to properly and timely make repairs to the roadway and the manhole cover that would make the roadway safer for vehicular traffic; (e) In failing to adjust the surface course/grade to the existing manhole elevation in such a manner as to provide a smooth, even transition from pavement to manhole cover, in direct violation of the Commonwealth of Pennsylvania, Department of Transportation Specifications, Publication 408/2003 § 606, E?t sMc.; (f) In failing to mend the excessively high manhole cover that was allowed to protrude from the middle of the roadway; (g) In failing to mend the unmarked dip in the roadway surrounding the manhole; (h) In failing to erect appropriate signage on North Crest Drive when construction work was being performed on and near the roadway, in direct violation of 75 Pa. C.S.A. § 6123(a); (i) In failing to place a high-level warning device on North Crest Drive to alert drivers of work zones or obstructions in the roadway; in violation of 67 Pa. Code § 203.59(b)(1); 7 Q) In failing to keep the roadway reasonably clear of all impediments to easy and convenient traveling, in violation of 53 Pa. C.S.A. § 57013; and (k) In otherwise violating the laws, statutes, and regulations of the Commonwealth of Pennsylvania regarding the maintenance of residential roadways. 31. As a direct and proximate result of the Defendant's negligence, Plaintiff, Michele L. Dobbs, sustained severe injuries, including, but not limited to, three chipped teeth; three broken-off teeth; and injuries to her jaw, shoulder and neck. Additionally, Plaintiff required stitches in her lip. 32. As a direct and proximate result of the negligence of Defendant, Affordable Building & Construction Co., the Plaintiff has been, and will in the future be, hindered from performing and attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 33. As a further result of Defendant's negligence, the Plaintiff, Michele L. Dobbs, suffered a loss of wages and may continue to suffer the same in the future. 34. As a direct and proximate result of the negligence of the Defendant, the Plaintiff has suffered great physical pain, discomfort, and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 35. As a direct and proximate result of the negligence of the Defendant, the Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend 8 money for medicine and medical attention. Plaintiff continues to incur expenses for her injuries and will most likely continue to do so in the future, to her great detriment and loss. 36. As a direct and proximate result of the negligence of Defendant, the Plaintiff has suffered a loss of life's pleasures and will continue to suffer the same in the future, to her great detriment and inconvenience. 37. Plaintiff, Michele L. Dobbs, believes and, therefore, avers that her injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Michele L. Dobbs, seeks damages from the Defendant, Affordable Building & Construction Co., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs, and demands a trial by jury. Date: Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP By: Matthew S. Crosby, Esq. I.D. No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 233-2000 9 Attorneys for Plaintiff VERIFICATION PURSUANT TO Pa. R.C.P. No. 1024 c MATTHEW S. CROSBY, ESQ. states that he is the attorney for the party 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. ATT EW S. CROSBY, ESQ. DATE:_ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendant, TERRY A. DOBBS, by sending a copy of the same to him at 4804 Brian Rd., Mechanicsburg, PA 17050-0313 and on Defendant, Affordable Building & Construction Co., by sending a copy of the same to its counsel of record, John Flounlacker, Esq., THOMAS, THOMAS & HAFER, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17101 by United States Mail, regular service, in Harrisburg, Pennsylvania on December ?, 2004. n HA ER, HENNING & RO ERG, LLP B Matthew S. Crosby, Esq. Attorney I.D. 69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 DATE: all I laq Attorneys for Plaintiff ?'` ' . =._`_._ C'S ?' C j s -- _ .y ? ?_ j , v.-? I 4 ^i ?I a rr ?'_J GJ 1 !' , , ?' j i ,`J I? _. _ _ .... .. C' .?? t_ -?i ? . _? i?.7 ?? ...) ?..` "` MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-2338 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the Plaintiff's First Set of Interrogatories and the Plaintiff's First Set of Request for Production were served on the respective Defendants as follows: 1. On TERRY A. DOBBS, by sending a copy of the same to him at 4804 Briar) Rd.. Mechanicsburg, PA 17050-0313; and 2. On Defendant, Affordable Building & Construction Co., by sending a copy of the same to its counsel of record, John Flounlacker, Esq., THOMAS, THOMAS & HAFER, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17101, both by United States Mail, regular service, in Harrisburg, Pennsylvania on December k, 2004. HANDLER, HENNING & ROSENBERG, LLP -r Matthew S. Crosby, Esq. Attorney I.D. 69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff DATE: ti Z .T. 7 ,, y ,,,, MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Terry A. Dobbs, in the above-captioned case. Respectfully Submitted, DATE: t2-' l3-Uq MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: C !ER M. REESER, ESQUIRE I.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant Terry A. Dobbs C.? r.a ?....? t?r '?? _; i F ; - . -r _, ?., ? _ ? C 1 ? y, _,? ?_ C.; E ? ' ? ? !t -;r ? _.. ... ?:,? _{ .C.: ?„ MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff, Michele L. Dobbs and her attorney, Matthew S. Crosby, Esquire and co- defendant Affordable Building and Construction, Inc. and their attorney, John Flounlaker, Esquire You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN GOGGIN DATE: BY: CHRISTOPHER M. REESER, ESQUIRE I.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT TERRY A. DOBBS ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NEW MATTER PURSUANT TO PA. R. C. P. 2252 (d) 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted, 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted, 14. Admitted. 15. Admitted in part and denied in part. Admitted that Defendant Terry A. Dobbs had driven his vehicle over the manhole cover in question earlier in the day of June 9, 2002 without any difficulty. Denied that Defendant Terry A. Dobbs had notice of the dangerous condition of the excessively high manhole cover. 16. Admitted. 17. Admitted. 18. Denied that plaintiffs injuries were the direct and proximate result of the negligence of Defendant Terry A. Dobbs. Admitted that the injuries were "extensive and serious" as set forth in the complaint. COUNT I - NEGLIGENCE_ MICHELE L. DOBBS V. TERRY A. DOBBS 19. No responsive pleading required. 20. (a-i) The averment in paragraph twenty (20) and sub-paragraphs twenty (20) (a)-(i) are conclusions of law to which no responsive pleading is required. To the extent that the averment in paragraph twenty (20) (a)-(i) are deemed to be factual, those averments are denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 21. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 22. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 23. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 24. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 25. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 26. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 27. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). WHEREFORE, Defendant Terry A. Dobbs requests judgment be entered in his favor. COUNT II - NEGLIGENCE MICHELE L. DOBBS V. AFFORDABLE; BUILDING AND CONSTRUCTION 28. - 37. The averments in paragraphs twenty-eight (28) to thirty-seven (37) are directed at a party other than answering defendant and therefore no responsive pleading is required. WHEREFORE, Defendant Terry A. Dobbs requests judgment be entered in his favor. NEW MATTER 38. Upon information and belief, some or all of plaintiffs medical expenses have been paid or are payable by collateral sources and are not recoverable under § 1722 of the Motor Vehicle Financial Responsibility Law. 39. Upon information and belief, some or all of plaintiffs lost earnings or loss of earnings capacity have been paid or are payable by collateral sources and are therefore not recoverable under § 1722 of the Motor Vehicle Financial Responsibility Law. 40. Plaintiffs injuries were caused solely as the result of the negligence of a party other than the answering defendant. WHEREFORE, Defendant Terry A. Dobbs requests judgment be entered in his favor. NEW MATTER PURSUANT TO PA. R. C. P. 2252 (d) DEFENDANT TERRY A. DOBBS V. DEFENDANT AFFORDABLE BUILDING AND CONSTRUCTION COMPANY 41. Paragraphs 1-14, 16-18 and 29-37 of plaintiffs complaint are incorporated herein by reference as if set forth at length, without adoption. 42. For the reason set forth in the incorporated provisions of plaintiffs complaint, Defendant Affordable Building and Construction Co. is alone liable to plaintiff or liable over to Defendant Terry A. Dobbs or jointly and severly liable to Plaintiff with Defendant Terry A. Dobbs, any liability on the part of Defendant Terry A. Dobbs being expressly denied. WHEREFORE, Defendant Terry A. Dobbs requests judgment be entered in his favor and against Defendant Affordable Building and Construction Co. in accordance with Pa. R. C. P. 2522 (d). Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, DATE: COLEMAN & GOGGIN v2 1 151 ° ?? BY: CHRISTOPHER M. REESER, ESQUIRE I.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. BY: TERRY A. DOBBS DATE: /Sj'C':? 0 y MICHELE L. DOBBS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2338 TERRY A. DOBBS and CIVIL ACTION - LAW AFFORDABLE BUILDING AND CONSTRUCTION CO., JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE; I, CHRISTOPHER M. REESER, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ( (P_ day of 2004, I served a true and correct copy of the foregoing document via U.S. first-class mail, postage pre-paid, as follows: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 John Flounlaker, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 CHRISTOPHER M. REESER r _ -, --, -? ...., ? _' ??',' _. _.. cw? = r i y. <<..> e... MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and and AFFORDABLE BUILDING & CONSTRUCTION Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT TERRY A. DOBBS' NEW MATTER AND NOW, comes the Plaintiff, Michele L. Dobbs, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq. and replies to Defendant, Terry A. Dobbs' New Matter, as follows: 38. Denied. The allegations in Paragraph 38 are denied pursuant to Pa. R.C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 38 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 39. Denied. The allegations in Paragraph 39 are denied pursuant to Pa. R.C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 39 are conclusions of law, no response is required. If a -1- response is judicially determined to be required, the averments contained therein are specifically denied. 40. Denied. The allegations in Paragraph 40 are denied pursuant to Pa. R.C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 40 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's allegations and enter judgment in favor of the Plaintiff. therein are specifically denied. Respectfully Submitted, HAND ENNING & ROSENBERG, LLP B Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 Tel. No.: 717-238-2000 Attorneys for Plaintiff DATE: I Z Zo Z©d -2- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant, Terry A. Dobbs, by sending a copy of the same to his counsel of record, Christopher M. Reeser, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Rd., Ste. B, Harrisburg, Pennsylvania 17112 and, also, on Defendant Affordable Building and Construction Co., by sending a copy of the same to its counsel of record, John Flounlaker, Esq., Thomas, Thomas & Hafer, P.O. Box 999, Harrisburg, PA 17108, by United States Mail, regular service, in Harrisburg, Pennsylvania on December, 2004. HANDJ[ R.4. "NING & ROSENBERG, LLP BY Matthew S. rosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA '17110 Tel. No.: 717-238-2000 Attorneys for Plaintiff t- ? rv-? ,i -. r?-i _ i ?`" . F,y, l ?-? i l ??:? MICHELE L. DOBBS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2338 Civil TERRY A. DOBBS and CIVIL ACTION - LAW and AFFORDABLE BUILDING & CONSTRUCTION Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please substitute the attached Verification for the attorney's Verification in the recently filed Complaint in this matter. Thank you. HANDLE,", ENNI)VG & ROSENBERG, LLP By -?? Matthew S. Crosby, Esq. Attorney I.D. #61,3367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff DATE: a? 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 subj ect to the penalties of 18 Pa.R.C.P. 2252(d), relating to unsworn falsification to authorities. DATE: ( 'C IPUL U IM_ HELLE L. DOBBS Q ?. r. N CID `'' .. w N MICHELE L. DOBBS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant NO. 2004-2338 CIVIL ACTION - LAW v PAUL FICHELBERGER d/b/a P.L. EICHELBERGER PAVING, Additional Defendant JURY TRIAL DEMANDED PRAECIPE TO TO THE PROTHONOTARY: OF SUMMONS J010 Please issue a Writ of Summons in the above-captioned civil action to the following Additional Defendant: Paul Eichelberger d/b/a P.L. Eichelberger Paving 683 Lake Road Spring Grove, PA 17362 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP i By: John Fl nlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 / Date: (717)237-7134 ?%?/? S cbl?) _T t C.l3 ?.5 MICHELE L. DOBBS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLA14D COUNTY, PENNSYLVANIA TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant PAUL EICHELBERGER d/b/a P.L. EICHELBERGER PAVING, Additional Defendant NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: You are notified that the above named Defendant has commenced an action against you. PROTHONOTARY Date: yT ?OC?S By. Deputy MICHELE L. DOBBS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant NO. 2004-2338 CIVIL ACTION - LAW v PAUL EICHELBERGER d/b/a P.L. EICHELBERGER PAVING, Additional Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas, with copies of the subpoenas attached thereto, was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. Counsel Matthew S. Crosby and Chrstcpher M. Reas r have waived the twenty (20) days; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to this Certificate. THOMAS, THOMAS & H/AFE?R?,, LLP Date: March 11, 2005 By: JO NFLOUNLACKER Attorney for Defendant, Affordable Building Construction Co. THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendant MICHELE L. DOBBS, Plaintiff V TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE' SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. THOMAS, THOMAS & HAFER, LLP Date: February 17, 2005 By: JO FLOUNLACKER Attorney for Defendant Affordable Building and Construction Co. 341757.1 MICHELE L. DOBBS, Plaintiff v TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Newberry Township 1915 Old Trail Road Etters PA 17319 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents regarding the 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant Affordable Building and Construction Co. DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 341766.1 You may deliver or mail legible copies of the documents or produce things requested oy 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. CERTIFICATE OF SERVICE AND NOW, this 17`h day of February, 2005, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Christopher M. Reeser, Esquire Marshall, Dennehey, et al. 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 lit CnZG7c 14 all Deena . Morrison, Paralegal 341757.1 CERTIFICATE OF SERVICE 1. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Christopher M. Reeser, Esquire Marshall, Dennehey, et al. 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 Paul Eichelberger d/b/a P.L. Eichelberger Paving 683 Lake Road Spring Grove, PA 17362 THOMAS, THOMAS & HAFER, LLP Dated: Je ie L. Kawalec HANDLER HENNING & ROSENBERG, LLP By: Matthew S. Crosby, Esquire Supreme Ct. I.D.# 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 MICHELLE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendants NO. 2004-2338 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Michelle L. Dobbs, intends to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. HANDL EN G & S]ftAIB)<BG, LLP MATTHEW S. CROSBY, ESQUIRE Attorney for Plaintiff Michelle L. Dobbs Dated: April _LL, 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHELLE L. DOBBS, Plaintiff V. File No. 2004-2338 TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennoni Associates Inc 431 Railroad Avenue, Camp Hill PA 17011-5602 (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 any and all documents correspondences reports, records, or invoices in any way relating to the construction building paving dedication inspection or maintenance of North Crest Drive in Grandview Acres Develooment in Newberry Township Cumberland County from 6/9/1997 through present at 1300 Linglestown Road Harrisburg PA 17110 (Address) 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 Matthew S. Crosby. Esquire Address: Handler Henning & Rosenberg. LLP 1300 Linglestown Road, Harrisburg, PA 17110 Telephone: (717) 238-2000 Supreme Court ID # 69367 Attorney For: Plaintiff Michelle L. Dobbs Date: /14, 44, a6l4. - I Sal of the Court BY THE C URT: Prothonotary/Clerk, i ' ivision Deputy n p f'1 i N f ? rn ,J 1 C7 D4- o-43aP Crtv??,?4iL> CERTIFICATE OF SERVICE I, Matthew S. Crosby, Esquire, hereby state that a true and correct copy of the foregoing document was served upon all counsel of record by first-class United States mail, postage prepaid, addressed as follows, on the date set forth below: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 Christopher M. Reeser, Esquire Marshall Dennehey 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 HANDLER Matthew S. Crosbf? Attorney for Plaintiff Dated: Co - a-1. oca LLP uire 3 0q ..33d' 6i':' ? CT" CERTIFICATE OF SERVICE I, Matthew S. Crosby, Esquire, hereby state that a true and correct copy of the foregoing document was served upon all counsel of record by first-class United States mail, postage prepaid, addressed as follows, on the date set forth below: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 Christopher M. Reeser, Esquire Marshall Dennehey 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 HANDLER HEWN" ROSENBERG LLP Matthew S. C' Attorney for P Dated: Co • a-i . cco 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. DOBBS, CIVIL DIVISION Plaintiff, NO. 2004 - 2338 V. TERRRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendants. CERTIFICATE OF SERVICE I, Matthew S. Crosby, Esquire, hereby state that a true and correct copy of Plaintiff's Response to Defendant's Supplemental Request for Production of Documents was served upon all counsel of record by first-class United States mail, postage prepaid, addressed as follows, on the date set forth below: John Flounlacker, Esquire Christopher Reeser, Esq Thomas, Thomas & Hafer, L.L.P. Marshall, Dennehey, Warner, Coleman & Goggin 305 North Front Street 4200 Crums Mill Road P.O. Box 999 Suite B Harrisburg, PA 17108 Harrisburg, PA 17112 HANDLER NIN & ROSENBERG LLP i l Matthew S. Crosby, Esquire Attorney for Plaintiff Dated: 1 1C,17ccl ? Q C} ?_ . ?~ U .u- ? ?,,.? r N _??? ?? ? "? --? iw:? Matthew S. Crosby Attorney ID# 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Crosby@hhriaw.com Michele L. Dobbs Plaintiff(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. Affordable Building & Construction : NO. 2004 -2338 : CIVIL ACTION - LAW Terry A. Dobbs Defendant(s) CERTIFICATE OF SERVICE On 2/1/07, 1 hereby certify that a true and correct copy of Notice of Videotaped Deposition of Wesley W. Sabocheck, DMD was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: John Flounlacker, Esq. Thomas, Thomas & Hafer, LLP 305 N Front St P O Box 999 Harrisburg, PA 17108-0999 Christopher M. Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 HAND R, HE I NQ SENBERG, LLP Dated: 2/1/07 Matthew S. Crosby I. D. # 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff(s) FFr. e . ''? t r V. Ar THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendant MICHELE L. DOBBS, Plaintiff v TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT AFFORDABLE BUILDING AND CONSTRUCTION CO.'S MOTION FOR SUMMARY JUDGMENT 1. This action commenced on or about December 8, 2004, with the filing of a Complaint. A true and correct copy of Plaintiff's Complaint is attached hereto as Exhibit "A." 2. The Complaint alleges that the Plaintiff suffered injuries when the vehicle in which she was traveling struck a manhole cover. 3. Count I of the Complaint asserts a claim of negligence against Plaintiff's husband, Terry Dobbs. 4. The Complaint states that Terry Dobbs, the alleged driver, "had notice of the dangerous condition of the excessively high manhole cover ...as he had previously driven over the manhole cover on his way into the neighborhood" just prior to the accident. Complaint, T 15. 5. There were no adverse weather conditions at the time of the accident. Complaint, T 10. 6. Count II of the Complaint asserts a claim against Moving Defendant for negligence. 7. The gravamen of Plaintiffs Complaint as it relates to Moving Defendant is that Moving Defendant was negligent for placing a manhole cover too high in the road, and failing to 1 X warn passersby of the alleged dangerous conditions of the roadway caused by construction. Complaint, ¶¶ 6-7. 8. In order to succeed in her action against Moving Defendant, Plaintiff must prove that the manhole was, in fact, excessively high, and that this was the proximate cause of Plaintiffs injuries. 9. Obviously, if the manhole cover was not too high, then there would be no duty to warn passersby of its height. 10. In Pennsylvania, "[e]xpert testimony becomes necessary when the subject matter of the inquiry is one involving special skills and training not common to the ordinary lay person." Storm v. Golden, 538 A.2d 61, 64 (Pa. Super. 1988). 11. "The employment of testimony of an expert rises from necessity, a necessity born of the fact that the subject matter of the inquiry is one involving special skills and training beyond the ken of the ordinary layman." Reardon v. Meehan, 227 A.2d 667, 670 (Pa. 1967). 12. The question of whether Moving Defendant constructed the manhole cover in an excessively high manner, as alleged in the Complaint, is a question outside the scope of the ordinary person. 13. In order to prove causation of Plaintiffs injuries, Plaintiff needs to present expert testimony that addresses whether the height of the manhole cover was "excessively high." 14. Through discovery, Moving Defendant has made repeated requests that Plaintiff furnish Defendant with the identity of an expert whom Plaintiff intends to have testify on her behalf. 15. On or about February 21, 2006, Plaintiffs counsel, Matthew Crosby, Esquire, was served with Interrogatories which, among other things, requested that Plaintiff identify any expert she intended to testify on all matters, which would include whether the manhole cover was 2 W "excessively high." See Moving Defendants Interrogatories, Nos. 21-22, a true and correct copy of which is attached hereto as Exhibit "B." 16. Plaintiff responded through counsel that it was not yet determined who would be called to testify on Plaintiffs behalf and that Plaintiff reserved the right to file a supplemental response pursuant to the Pennsylvania Rules of Civil Procedure. See Plaintiffs Responses to Moving Defendant's Interrogatories, Nos. 21-22, a true and correct copy of which is attached hereto as Exhibit "C." 17. On or about June 28, 2006, Moving Defendant propounded Supplemental Request for Production of Documents addressed to Plaintiff, which, among other things, requested that Plaintiff produce documents which would support her contention that the manhole covers were "excessively high" as alleged in the Complaint. See Moving Defendant's Supplemental Request for Production of Documents addressed to Plaintiff, Nos. 1-2, a true and correct copy of which is attached hereto as Exhibit "D." 18. On or about January 8, 2007, Plaintiff through counsel responded that "all such documents have been exchanged between the parties in written discovery." See Plaintiffs Response to Defendant's Supplemental Request for Production of Documents, a true and correct copy of which is attached hereto as Exhibit "E." 19. There was no reference to Plaintiffs intention to supplement these discovery responses. See Exhibit E. 20. On March 6, 2007, during a telephone conversation between Moving Defendant's Counsel, Bret Keisling, Esquire, and Plaintiffs counsel Crosby, Attorney Crosby indicated that with the exception of a video deposition of a treating dentist, Plaintiff had completed discovery and would not be procuring an expert to testify on her behalf. 3 21. On March 6, 2007, Attorney Keisling memorialized the above-referenced telephone conversation in correspondence sent to Attorney Crosby. A true and correct copy of the March 6, 2007 correspondence is attached hereto as Exhibit "F." 22. Mr. Don Keener, Township Manager of Newberry Township, where the accident occurred, executed an affidavit that states, inter alia, that North Crest Drive was still under construction at the time of the accident, and that the roadway "had been constructed and was being maintained in a reasonable and appropriate manner." A true and correct copy of the Affidavit of Don Keener is incorporated herein and attached hereto as Exhibit G. 23. Absent expert testimony in support of her contention that the manhole cover was "excessively high," which Moving Defendant specifically denies, Plaintiff is unable to present a prima facie case of negligence against Moving Defendant and, therefore, Plaintiff's case must fail as a matter of law. WHEREFORE, Defendant, Affordable Building & Construction, Co., hereby prays that this Motion for Summary Judgment be granted and that judgment be entered in its favor and against Plaintiff, Michelle I. Dobbs. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: John ounlacker, Esquire Atto ey I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7134 Date: 4 F,<-4 i k / J- /? 01 .I F:1WP Directories\JFL\complaints\mva\road condition\dobbs.wpd MICHELE L. DOBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants No. 2004-2338 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Michele L. Dobbs, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and makes the within Complaint against the Defendants, Terry A. Dobbs and Affordable Building & Construction, and avers as follows: 1. Plaintiff, Michele L. Dobbs, is an adult individual currently residing at 4804 Brian Road, Mechanicsburg, Cumberland County, PA 17050-3013. 2. Defendant, Terry A. Dobbs, is an adult individual currently residing at 4804 Brian Road, Mechanicsburg, Cumberland County, PA 17050-3013. 3. Defendant, Affordable Building & Construction Co., is a corporation with offices and/or a mailing address listed at 404 Coppenhaffer Road, York, York County, Pennsylvania 17402. 4. At all times material hereto, North Crest Drive, which is located in Newberry Township, York County, Pennsylvania, was a residential roadway over which Defendant, Affordable Building & Construction Co., had the responsibility for the design, construction, supervision, inspection, and maintenance. 'r 4? 5. At all times material hereto, Defendant, Affordable Building & Construction Co., owed a duty to Plaintiff and others traveling on North Crest Drive to provide and maintain a safe roadway, namely, North Crest Drive. 6. At all times material hereto, Defendant, Affordable Building & Construction Co., owed a duty to Plaintiff and others traveling on North Crest Drive to warn of any dip in the roadway, any excessively high manhole covers protruding from the roadway, and/or any other dangerous conditions. 7. At all times material hereto, Defendant, Affordable Building & Construction Co., owed a duty to Plaintiff and others traveling on North Crest Drive to warn of the construction they had been performing on and/or of any dangerous conditions around North Crest Drive in Newberry Township, York County, Pennsylvania. 8. At all times material hereto, Plaintiff, Michele L. Dobbs, was the front-seat passenger of a 2000 Hyundai Elantra that was owned and operated by the Defendant, Terry A. Dobbs (hereinafter "Defendant's vehicle") 9. At all times material hereto, Plaintiff, Michele L. Dobbs, was insured by USAA Insurance Company, underwhich motor-vehicle insurance policythe Plaintiff was covered through the full-tort option. 10. At all times material hereto, no adverse weather conditions existed, but an excessively high manhole cover protruded from the middle of North Crest Drive, and there was also a dip in the roadway surrounding the manhole. 11. On June 9, 2002, at approximately 1:30 p.m., Defendant's vehicle was traveling on North Crest Drive in Newberry Township, York County, Pennsylvania. 2 12. At approximately the same time and place, the undercarriage of Defendant's vehicle struck the manhole cover protruding from the middle of North Crest Drive, causing both the driver's side and front passenger's side airbags to immediately deploy. 13. At all times material hereto, Plaintiff was carrying a clipboard on her lap, and the force of the deploying airbag caused the clipboard to slam into Plaintiff's face. 14. As a direct and proximate cause of the aforementioned crash, Plaintiff had to be transported from the scene of the incident via ambulance to Harrisburg Hospital. 15. At all times material hereto, Defendant, Terry A. Dobbs, had notice of the dangerous condition of the excessively high manhole cover in the middle of North Crest Drive, as he had previously driven his vehicle over the manhole cover on his way into the neighborhood where North Crest Drive was located. 16. At all times material hereto, Defendant, Affordable Building & Construction Co., had notice of the dangerous condition of the excessively high manhole cover and surrounding dip in the roadway, and, despite said notice, allowed the dangerous condition to remain. 17. At all times material hereto, there were no warning signs posted on North Crest Drive warning motorists of the aforementioned dangerous condition. 18. As a direct and proximate result of the negligence of the Defendants, Terry A. Dobbs and Affordable Building & Construction Co., Plaintiff, Michele L. Dobbs, sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE MICHELE L. DOBBS v. TERRY A. DOBBS 19. Paragraphs 1-18 are incorporated herein as if set forth at length below. 3 Y 20. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Michele L. Dobbs, were caused directly and proximately by the negligence of Defendant, Terry A. Dobbs, generally and more specifically as set forth below: (a) In operating a motor vehicle inattentively; (b) In failing to have the vehicle under proper and adequate control; (c) In permitting or allowing the vehicle to strike and collide with an obstruction clearly in the middle of the roadway; (d) In failing to maintain his vehicle on the right side of the roadway; (e) In failing to operate said vehicle in such a manner that would allow him to apply the brakes and stop before striking the manhole cover; (f) In failing to drive at a careful and prudent speed; (g) In failing to have sufficient control of his vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (h) 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 his vehicle under such control that injury to persons or property could be avoided; and (i) In operating his vehicle at a speed in excess of the speed limit. 21. As a direct and proximate result of Defendant's negligence, Plaintiff, Michele L. Dobbs, sustained severe injuries, including, but not limited to, three chipped teeth; three 4 broken-off teeth; and injuries to herjaw, shoulder and neck. Additionally, Plaintiff required stitches in her lip. 22. As a direct and proximate result of Defendant's negligence, Plaintiff, Michele L. Dobbs, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 23. As a direct and proximate result of Defendant's negligence, Plaintiff, Michele L. Dobbs, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 24. As a direct and proximate result of Defendant's negligence, Plaintiff, Michele L. Dobbs, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 25. As a direct and proximate result of Defendant's negligence, Plaintiff, Michele L. Dobbs, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 26. As a direct and proximate result of Defendant's negligence, Plaintiff, Michele L. Dobbs, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 27. Plaintiff, Michele L. Dobbs, believes and, therefore, avers that her injuries are serious and permanent in nature. 5 s 7 ?r WHEREFORE, Plaintiff, Michele L. Dobbs, seeks damages from Defendant, Terry A. Dobbs, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs, and demands a trial by jury. COUNT II - NEGLIGENCE MICHELE L. DOBBS v. AFFORDABLE BUILDING & CONSTRUCTION 28. Paragraphs 1-27 are incorporated herein as if set forth at length below. 29. At all times material hereto, Defendant, Affordable Building & Construction Co., was negligent and careless with respect to the supervision, inspection, and maintenance of North Crest Drive, namely engaging in the placement of a manhole cover, at and near the crash site, and such conduct was a factual cause of the crash and said injuries and damages suffered by Plaintiff. 30. The occurrence of the aforementioned crash and the resultant injuries to Plaintiff, Michele L. Dobbs, are the direct and proximate resu It of the negligence, carelessness, and/or recklessness of Defendant, Affordable Building & Construction Co., generally and more specifically as set forth below: (a) I n failing to provide adequate signing and warning of the hazards presented by the dangerous condition of the excessively high placement of the manhole cover in the middle of North Crest Drive; (b) In failing to provide adequate signing and warning of the hazards presented by the dip in the roadway surrounding the manhole on North Crest Drive; 6 (c) In failing to properly and timely inspect, maintain, and correct the dangerous condition of this roadway presented by the excessively high manhole cover protruding from the middle of the roadway; (d) In failing to properly and timely make repairs to the roadway and the manhole cover that would make the roadway safer for vehicular traffic; (e) In failing to adjust the surface course/grade to the existing manhole elevation in such a manner as to provide a smooth, even transition from pavement to manhole cover, in direct violation of the Commonwealth of Pennsylvania, Department of Transportation Specifications, Publication 408/2003 § 606, of ".; (f) In failing to mend the excessively high manhole cover that was allowed to protrude from the middle of the roadway; (g) In failing to mend the unmarked dip in the roadway surrounding the manhole; (h) In failing to erect appropriate signage on North Crest Drive when construction work was being performed on and near the roadway, in direct violation of 75 Pa. C.S.A. § 6123(a); (i) In failing to place a high-level warning device on North Crest Drive to alert drivers of work zones or obstructions in the roadway; in violation of 67 Pa. Code § 203.59(b)(1); 7 (j) In failing to keep the roadway reasonably clear of all impediments to easy and convenient traveling, in violation of 53 Pa. C.S.A. § 57013; and (k) In otherwise violating the laws, statutes, and regulations of the Commonwealth of Pennsylvania regarding the maintenance of residential roadways. 31. As a direct and proximate result of the Defendant's negligence, Plaintiff, Michele L. Dobbs, sustained severe injuries, including, but not limited to, three chipped teeth; three broken-off teeth; and injuries to her jaw, shoulder and neck. Additionally, Plaintiff required stitches in her lip. 32. As a direct and proximate result of the negligence of Defendant, Affordable Building & Construction Co., the Plaintiff has been, and will in the future be, hindered from performing and attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 33. As a further result of Defendant's negligence, the Plaintiff, Michele L. Dobbs, suffered a loss of wages and may continue to suffer the same in the future. 34. As a direct and proximate result of the negligence of the Defendant, the Plaintiff has suffered great physical pain, discomfort, and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 35. As a direct and proximate result of the negligence of the Defendant, the Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend 8 money for medicine and medical attention. Plaintiff continues to incur expenses for her injuries and will most likely continue to do so in the future, to her great detriment and loss. 36. As a direct and proximate result of the negligence of Defendant, the Plaintiff has suffered a loss of life's pleasures and will continue to suffer the same in the future, to her great detriment and inconvenience. 37. Plaintiff, Michele L. Dobbs, believes and, therefore, avers that her injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Michele L. Dobbs, seeks damages from the Defendant, Affordable Building & Construction Co., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs, and demands a trial by jury. Date: Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP By: Matthew S. Crosby, Esq. I.D. No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 9 VERIFICATION PURSUANT TO Pa. R.C.P. No. 1024(c) MATTHEW S. CROSBY, ESQ. states that he is the attorney for the party fling 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. ATT EW S. CROSBY, ESQ. DATE: Z CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendant, TERRY A. DOBBS, by sending a copy of the same to him at 4804 Brian Rd., Mechanicsburg, PA 17050-0313 and on Defendant, Affordable Building & Construction Co., by sending a copy of the same to its counsel of record, John Flounlacker, Esq., THOMAS, THOMAS & HAFER, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17101 by United States Mail, regular service, in Harrisburg, Pennsylvania on December ? , 2004. ZHA ER, HENNING & RO 4ERG, LLP B Matthew S. Crosby, Esq. Attorney I.D. 69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff DATE: I Z ?_(??k ?Xl??6rl lJ t THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 : CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES ADDRESSED TO PLAINTIFFS TO: Michele L. Dobbs Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 PLEASE TAKE NOTE that you are hereby required to answer separately, fully, in writing, and under oath, the following Interrogatories and to serve your answers thereto on THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, Affordable Building and Construction, Co., on or before thirty (30) days from the date of service hereof, all in accordance with the Rules of Civil Procedure. 1 I. For each Plaintiff, state your full name, present address, date of birth, place of birth, social security number, present employer, any and all employers for the last ten (10) years, and any and all addresses where you have resided for the past ten (10) years. ANSWER: 2. State the name(s), address(es), and telephone numbers of any and all persons who witnessed all or part of the incident involving Plaintiff(s) in this case. ANSWER: 2 r 3. With respect to each of the witnesses listed in Interrogatory No. 2., please state the following information: a. His or her exact location at the time of the incident; b. His or her activities at the time of the incident; C. Whether he or she actually saw the incident. ANSWER: 4. Except as set forth above, list the names and addresses of any and all persons known or believed by Plaintiff or anyone acting on Plaintiffs behalf to have firsthand knowledge of the facts and circumstances of the incident, or of the events leading up to or following the incident, or of the injuries allegedly sustained. ANSWER: 3 r s 5. Except as set forth above, list the names and addresses of all persons known or believed by Plaintiff or anyone acting on Plaintiffs behalf, to have firsthand knowledge of the conditions at the scene of the incident existing prior to, at, or immediately following the incident. ANSWER: 6. Except as set forth above, list the names and addresses of any and all persons including potential expert witnesses, from whom Plaintiff, or anyone acting on Plaintiffs behalf, has obtained any information as to how the incident happened or the cause of the incident. ANSWER: 4 r [ 7. Do you have anything in writing by way of minutes, statements or memoranda of parties, diagrams, pictures or any other writing or document which you anticipate possibly using in the upcoming trial? If so, please identify each and every item and advise as to who has custody over the writing and/or document. ANSWER: 8. Do you have anything else in writing that was obtained as a result of your investigation into the instant incident by way of statements, reports, memoranda, testimony, or expression of opinion as to the instant case? If so, please identify and indicate who has custody of same. ANSWER: 5 9. State in detail the nature of the injuries that you allege have been suffered as a result of this incident and with specificity, state the following information: a. the nature and extent of such injuries; b. the location of any injuries sustained; and c. whether any restraint from normal activities was suffered due to the injuries allegedly sustained. ANSWER: 10. State the medical treatment or procedures that have been performed in any connection with the injuries allegedly sustained in this incident. Please also state the name and address of any and all physicians or doctors who performed any and all procedures and the dates in which any and all procedures were performed. ANSWER: 6 v ti 11. Please state the name, address, and telephone number of your family physician and dentist and each and every physician and dentist you have consulted in the last five (5) years prior to the date of this incident, as well as indicate the date in which Plaintiff last consulted any physician or dentist for any type of physical complaint and the reason for such consultation. ANSWER: 12. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication. ANSWER: 7 I , t 4 13. Have you ever suffered any injuries in any accident, either prior to, or subsequent to this incident? If so, please state: a. the date and place of such injury; b. a detailed description of the injuries received; C. the names and addresses of any and all hospitals or doctors rendering treatment; and d. the nature and extent of recover and, if any permanent disability was suffered, the nature and extent of such permanent disability. ANSWER: 8 t 14. Please state for a five (5) year period prior to or at any time subsequent to the date of this incident, whether you sustained any injury, illness, or disability other than what you have described in answer to any of the preceding Interrogatories. ANSWER: 15. If you are making a claim for lost wages as a result of the injuries you allegedly received in this incident, please indicate the amount of wages lost and specify the source(s) of any and all lost wages. ANSWER: 9 a} >1 16. Are you now receiving, or have you ever received, any disability pension, income, or insurance of workmen's compensation from any agency, company, person, corporation, state, or government? If so, please state: a. The nature of any such payment; b. The date you received such income; C. For what injuries or disability you received it, and how such injury occurred or disability arose; d. By whom paid; e. Whether you now have any present disability as a result of such injuries or disability; f. If so, the nature and extent of such disability; g. Whether you had any disability at the time of the incident referred to in the Complaint; h. If so, the nature and extent of such disability. ANSWER: 10 17. Have you made a claim for any benefits under any medical pay coverage or policy of insurance relating to the alleged injuries suffered in this incident? If so, please state: a. The name of the insurance company or organization to whom such claim was made; b. The date of the claim or application; C. The claim and policy numbers; d. Whether or not such claim was paid, and if so, the nature of the amount received; e. Whether the company required you to assign to it any rights of recovery you may have against others. 11 3 18. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. ANSWER: 19. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: a. the date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. a brief description of each such incident or lawsuit; and c. the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. ANSWER: 12 r ? ? 4 20. Please identify each document which you intend to introduce at the time of trial of this matter, and give a brief description of the contents of the document or thing, and attach copies to your Answers to these Interrogatories. ANSWER: 21. With respect to each expert witness you intend to call at the trial of this case, please state the following: a. the subject matter on which the expert is expected to testify; b. the substance of the facts and opinions for which he will testify; C. a summary of the grounds for each such expert opinion. ANSWER: 13 t ? 22. Please state the names, addresses, and telephone numbers of any and all witnesses, including expert, fact, and liability witnesses, which you intend to call at the time of the trial of this matter. ANSWER: 23. Give a brief statement of how you contend the occurrences took place. Include: (a) the identity of all persons and instrumentalities in the vicinity; and (b) the exact place of said occurrence with reference to specific objects or landmarks. Please draw a diagram to show the exact locations of all persons and instrumentalities in the vicinity. ANSWER: 14 24. Were you ever in a car that drove on the portion of North Crest Drive where this incident allegedly happened at anytime before the incident happened? This request includes other trips made early on the date of this incident as well as trips made on any date or days prior to the date of this incident. If so, please state: (a) The time and date of these trips and identify anyone else that was with you in the vehicle on those occasions; 25. Did you or the Co-Defendant see the manhole cover that you described or identified in Paragraph 6 of your Complaint before the accident happened? If so, please state: (a) Approximately how far you or your vehicle was from the manhole cover when you or the Co-Defendant first saw it. 15 26. Why were you driving or riding on that stretch of North Crest Drive on the date of the incident? 27. Were you holding a clipboard in your hands at the time of this incident? If so, please state: (a) Why? (b) If you were carrying a clipboard, please describe any paperwork and describe its contents or any other items that may have been on the clipboard on the date of this incident. 16 28. State whether any agreement, tacit or written, has been entered into by any person or entity concerning settlement, limitation of liability or any relinquishment of rights concerning or related to the occurrence or the alleged damages sustained by Plaintiff. ANSWER: 29. State whether you have ever been arrested or convicted of any type of crime, and, if so, then state the charge, disposition, date of disposition and the court in which it was processed. ANSWER: 17 30. Identify the source and state the amount and date of any and all benefits or payments of any kind that you have received or have been paid on your behalf because of losses you sustained or expenses you incurred as a result of the subject accident, including but not limited to all first party insurance benefits, workers' compensation, medical expense coverage and compensation for disability, dismemberment or disfigurement, death, income or hospital indemnity and lost income or earnings. ANSWER: 31. Set forth in detail, including the dates, nature and amount of any special damages which have not been paid and are not payable under the coverages set forth in the Motor Vehicle Financial Responsibility Law, or workers' compensation, or any program, group contract or other arrangement for payment of benefits; and explain how you calculated such amounts and determined that they were not paid or payable. ANSWER: 18 32. Identify all insurance policies, benefit plans, and programs, group contracts, employment policies or agreements, or other arrangements for payment of medical expenses, income loss, dismemberment or disfigurement, death or personal injury, under which you are an insured, covered person, or eligible to receive payments or benefits. ANSWER: 33. State whether or not you were the owner of the vehicle involved in this accident. If not, please state the name, address, and telephone number of the vehicle owner. ANSWER: THOMAS, THOMAS & HAFER, LLP Date: By: John Flounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 19 CERTIFICATE OF SERVICE 1, Jessica M. Swedenhjelm, Paralegal, an employee with the law firm of Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first-class United States mail, postage prepaid, addressed as follows, on the date set forth below: Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Christopher M. Reeser, Esquire Marshall, Dennehey 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 THOMAS, THOMAS & HAFER, LLP Jessica M. Swedenhjelm, Paralegal Dated: February 21, 2006 331735.1 20 Exl.,d;t ? MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2004-2338 CIVIL ACTION-LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWERS TO DEFENDANT'S INTERROGATORIES To: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 North-Front Street P.O. Box 999 Harrisburg, PA 17108 ATTACHED are Plaintiffs Answers to the Interrogatories of Defendant, Affordable Building and Construction Co. Respectfully submitted, HANDLER NNING ROSENBERG, LLP Date: 'v &'I, 0(o By: Matthew S. Crosby, Esq. Attorney ID No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (7.17) 238-2000 Attorney for Plaintiff INTERROGATORIES 1. For each Plaintiff, state your full name, present address, date of birth, place of birth social security number, present employer, any and all employers for the last ten (10) years, and any and all addresses where you have resided for the past ten (10) years. ANSWER: Michele Dobbs 4804 Brian Road Mechanicsburg, PA 17050 DOB: 11/04/1974 SSN: 201-60-1348 US Army Health Clinic Sporting Hill School Manor Health Care Former Address: 6280 Carlisle Pike, Lot 523 Mechanicsburg, PA 17050 2. State the name(s), address(es), and telephone numbers of any and all persons who witnessed all or part of the incident involving. Plaintiff(s) in this case. ANSWER: Terry Dobbs 4804 Brian Road Mechanicsburg, PA 17050 3. With respect to each of the witnesses listed in Interrogatory No. 2., please state the following information: a. His or her exact location at the time of the incident; b. His or her activities at the time of the incident;. C. Whether he or she actually saw the inciden. ANSWER: a. Driving b. Driving C. Yes 4. Except as set forth above, list the names and addresses of any and all persons known or believed by Plaintiff or anyone acting on Plaintiffs behalf to have firsthand knowledge of the facts and circumstances of the incident, or of the events leading up to or following the incident, or of the injuries allegedly sustained. ANSWER: Terry Bankes Daryl Wahl Alvin Fisher My treating physicians Deb Heisey-Dewolf - - 957-4849 (home); 770-7282 (work) Charlie Melhorn - - 330-3848 Julio Vasquez - - 460-3195 Byway of further answer, see deposition transcripts, and responses to your Requests for Production of Documents. 5. Except as set forth above, list the names and addresses of all persons known or believed by Plaintiff or anyone acting on Plaintiffs behalf, to have firsthand knowledge of the conditions at the scene' of the incident existing prior to, at, or immediately following the incident. ANSWER: Please refer to my answer to Interrogatory No. 4. 6. Except as set forth above, list the names and addresses of any and all persons including potential expert witnesses, from whom Plaintiff, or anyone acting on Plaintiffs behalf, has obtained any information as to how the incident happened or the cause of the incident. ANSWER: Please refer to my answer to Interrogatory No. 4. 7. Do you have anything in writing by way of minutes, statements or memoranda of parties, diagrams, pictures or any other writing or document which you anticipate possibly using in the upcoming trial? If so, please identify each and every item and advise as to who has custody over the writing and/or document. ANSWER: It has not yet been determined what documents will be introduced at the time of trial. Plaintiff reserves the right to supplement her answer to this interrogatory in accordance with the Pennsylvania Rules, of Civil Procedure. 8. Do you have anything else in writing that was obtained as a result of your investigation into the instant incident by way of statements, reports, memoranda, testimony, or expression of opinion as to the instant case? If so, please identify and indicate who has custody of same. ANSWER: Please see the attached Answers to Defendant's Request for Production of Documents. 9. State in detail the nature of the injuries that you allege have been suffered as a result of this incident and with specificity, state the following information: a. the nature and extent of such injuries; b. the location of any injuries sustained; and c. whether any restraint from normal activities was suffered due to the injuries allegedly sustained. ANSWER: Please see the deposition transcript of Michelle Dobbs, and the attached medical records. 10. State the medical treatment or procedures that have been performed in any connection with the injuries allegedly sustained in this incident. Please also state the name and address of any and all physicians or doctors who performed any and all procedures and the dates in which any and all procedures were performed. ANSWER: Please see the deposition transcript of Michelle Dobbs, and the attached medical records. 11. Please state the name, address, and telephone number of your family physician and dentist and every physician and dentist you have consulted in the last five (5) years prior to the date of this incident, as well as indicate the date on which Plaintiff last consulted any physician or dentist for any type of physical complaint and the reason for such consultation. ANSWER: Dr. Kimberly Young DAHC 450 Gibner Road Carlisle, PA 17013 (717) 245-3400 Dr. Barbara Ostrov Hershey Medical Center By way of further answer, please refer to the deposition transcript of Michelle Dobbs. 12. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication. ANSWER: Awaiting crowns for two bottom posts. By way of further answer, please refer to the deposition transcript of Michelle Dobbs. 13. Have you ever suffered any injuries in any accident, either prior to, or subsequent to this incident? If so, please state: a. the date and place of such injury; b. a detailed description of the injuries received; C. the names and addresses of any and all hospitals or doctors rendering treatment; and d. the nature and extent of recover! and, if any permanent disability was suffered, the nature and extent of such permanent disability. ANSWER: OBJEC'T'ION: This interrogatory is overbroad, vague, and is requesting information that is not relevant nor reasonably calculated to lead to the discovery of relevant evidence. By way of further answer, and without waiving the above objection, please see that deposition transcript of Michelle Dobbs. 14. Please state for a five (5) year period prior to or at any time subsequent to the date of this incident, whether you sustained any injury, illness, or disability other than what you have described in answer to any of the preceding Interrogatories. ANSWER: Please see the deposition transcript of Michelle Dobbs, and the attached medical records. 15. If you are making a claim for lost wages as a result of the injuries you allegedly received in this incident, please indicate the amount of wages lost and specify the source(s) of any and all lost wages. ANSWER: Employer: US Army Health Clinic Lost Wages: $4,958.08 Please refer to the attached wage loss documentation, including a calculation of the wage loss amount. 16. Are you now receiving, or have you ever received, any disability pension, income, or insurance of workmen's compensation from any agency, company, person, corporation, state, or government? If so, please state: a. The nature of such payment; b. The date you received such income; C. For what injuries or disability you received it, and how such injury occurred or disability arose; d. By whom paid; e. Whether you now have any present disability as a result of such injuries or disability; f. If so, the nature and extent of such .disability; g. Whether you had any disability at the.time of the incident referred to in the Complaint; h. If so, the nature and extent of such disability. ANSWER: Workers' Compensation Manor Health Care 1700 Market Street Camp Hill, PA 17011 a. Neck/Back b. Unsure C. Walking a patient to the bathroom and she fell. Unsure of details. d. Unsure e. No f. N/A g. No h. N/A .ti 17. Have you made a claim for any benefits under any medical pay coverage or policy of insurance relating to the alleged injuries suffered in this incident? If so, please state: a. The name of the insurance company or organization to whom such claim was made; b. The date of the claim or application; C. The claim and policy numbers; d. Whether or not such claim was paid, and if so, the nature of the amount received; e. Whether the company required you to assign to it any rights of recovery you may have against others. ANSWER: a-e USAA Insurance TRICARE 9800 Fredericksburg Road P.O. Box 7012 San Antonio, TX 78288 Camden, SC 29020-7012 6/9/2002 Claim # 014079593 ID # 181-52-8167 By way of further answer, please see the attached insurance documents. 18. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. ANSWER: Lost wages: $4,958.08 Dr. Sabocheck: $7,731.98 Harrisburg Hospital: $1,634.70 Central PA MRI Center: $1,750.00 Dr. A. Bailey Wood, D.D.S.: $270.00 Dr. Paul H. Williams, D.D.S.: $689.50 Endodontics Associates: $825.00 Newberry Township Fire Dept. Ambulance: $397.50 Quantum Imaging: $70.00 $100 deductible for car repair $116 office visit for consult for crown for posts, Dr. Gordner. By way of further answer, please see the attached bills & economic loss documents. 7 19. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: a. the date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. a brief description of each such incident or lawsuit; and c. the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. ANSWER: Not that I am aware of at this time. 20. Please identifying each document which you intend to introduce at the time of the trial of this matter, and give a brief description of the contents of the document or thing, and attach copies to your Answers to these Interrogatories. ANSWER: It has not yet been determined what documents will be introduced at the time of trial. Plaintiff reserves the right to supplement her answer to this interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 21. With respect to each expert witness you intend to call at the trial or this case, please state the following: a. the subject matter on which the expert is expected to testify; b. the substance of the facts and opinions for which he will testify; C. a summary of the grounds for each such expert opinion. ANSWER: It has not yet been determined who will be called to testify on behalf of Plaintiff as an expert witness at the time of trial. Plaintiff reserves the right to supplement her answer to this interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 22. Please state the names, addresses, and telephone numbers of any and all witnesses, including expert, fact, and liability witnesses, which you intent to call at the time of the trial of this matter. ANSWER: Terry Bankes, Doug Wahl, Alvin Fisher, Terry Dobbs. It has not yet been determined who will be called to testify on behalf of Plaintiff as a witness at the time of trial. Plaintiff reserves the right to supplement her answer to this interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 8 23. Give a brief statement of how you contend the occurrences took place. Include: (a) the identity of all persons and instrumentalities in the vicinity; and (b) the exact place of said occurrence with reference to specific objects or landmarks. Please draw a diagram to show the exact locations or all persons and instrumentalities in the vicinity. ANSWER: Please see the Complaint and deposition transcripts. 24. Were you ever in a car that drove on the portion of North Crest Drive where this incident allegedly happened at anytime before the incident happened? This request includes other trips made early on the date of this incident as well as trips made on any date or days prior to the date of this incident. If so, please state: (a) The time and date of these trips and identify anyone else that was with you in the vehicle on those occasions; ANSWER: Please see the deposition transcripts. 25. Did you or the Co-Defendant see the manhole cover that you described or identified in Paragraph 6 of your Complaint before the accident happened? If so, please state: (a) Approximately how far you or your vehicle was from the manhole cover when you or the Co-Defendant first saw it. ANSWER: Unsure. By way of further answer, see the deposition transcripts. 26. Why were you driving or riding on that stretch of North Crest Drive on the date of the incident? ANSWER: Looking for a new house. By way of further answer, see deposition transcripts. 9 •f ? 27. Were you holding a clipboard in your hands at the time of this incident? If so, please state: (a) Why? (b) If you were carrying a clipboard, please describe any paperwork and describe its contents or any other items that may have been on the clipboard on the date of this incident. ANSWER: a. Had other houses to look at on clipboard. b. Other open houses. By way of further answer, see deposition transcripts. 28. State whether any agreement, tacit or written, has been entered into by any person or entity concerning settlement, limitation of liability or any relinquishment of rights concerning or related to the occurrence of the alleged damages sustained by Plaintiff. ANSWER: No, not that I am aware of at this time. 29. State whether you have ever been arrested or convicted of any type of crime, and, if so, then state the charge, disposition, date of disposition and the court in which it was processed. ANSWER: None. 30. Identify the source and state the amount and date or any and all benefits or payments of any kind that you have received or have been paid on your behalf because of losses you sustained or expenses you incurred as a result of the subject accident, including but not limited to all first.party insurance benefits, workers' compensation for disability, dismemberment, or disfigurement, death, income or hospital indemnity and lost income or earnings. ANSWER: Please see the attached PIP payout sheet and health insurance payout information. 10 31. Set forth in detail, including the dates, nature and amount of any special damages which have not been paid and are not payable under the coverages set forth in the Motor Vehicle Financial Responsibility Law, or workers' compensation, or any program, group contract or other arrangement for payment of benefits; and explain how you calculated such amounts and determined that they were not paid or payable. ANSWER: Dr. Sabocheck: $4,101.98 Wage loss: $4,958.08 Health insurance lien: $18,779.70 32. Identify all insurance policies, benefit plans, and programs, group contracts, employment policies or agreements, or other arrangements for payment of medical expenses, income loss, dismemberment or disfigurement, death or personal injury, under which you are an insured, covered person, or eligible to receive payments or benefits. ANSWER: USAA Insurance TRICARE 9800 Fredericksburg Road P.O. Box 7012 San Antonio, TX 78288 Camden, SC 29020-7012 33. State whether or not you were the owner of the vehicle involved in this accident. If not, please state the name, address, and telephone number of the vehicle owner. ANSWER: Yes. Joint owner. 11 VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: CO C'J'j ' M Michele L. Dobbs .r CERTIFICATE OF SERVICE I, Matthew S. Crosby, Esquire, hereby state that a true and correct copy of the foregoing document was served upon all counsel of record by first-class United States mail, postage prepaid, addressed as follows, on the date set forth below: John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 Christopher M. Reeser, Esquire Marshall Dennehey 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 HANDLER H Dated: (o a'1. p(0 Matthew S. G Attorney for P ROSENBERG LLP uire 12 ? x?,b?+ ? THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2338 CIVIL ACTION - LAW : JURY TRIAL DEMANDED SUPPLEMENTAL INTERROGATORIES ADDRESSED TO PLAINTIFFS TO: Michele L. Dobbs Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Please take notice that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure 4005 and 4006, to serve upon the undersigned your answers and/Or objections to the following Interrogatories in writing and under oath within thirty (30) days after service of these Interrogatories upon you. Moreover, you are required, pursuant to Pennsylvania Rule of Civil Procedure 4009, to produce for inspection, examination and/or copying at the offices of THOMAS, THOMAS & HAFER, LLP, 305 North Front Street, Harrisburg, Pennsylvania, the following requested documents and things within your possession, custody and control within thirty (30) days after service of this Request for Production of Documents upon you. If any document sought by the Request for Production is withheld from production based upon a claim of privilege, work product or for any other reason, Plaintiffs shall identify such document in their response to this Request for Production by stating the date, author and each recipient of the documents so they can be identified and Plaintiffs shall state the precise reason(s) why the production of each document is being withheld. Date: THOMAS, THOMAS & HAFER, LLP By: John Flounlacker, Esquire Attorney I. D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7134 2 1. With regard to the allegations contained in paragraphs 6, 10, 15, 16, 30(a), 30(c), 30(f) of your Complaint that Affordable Building & Construction Co., played a role in causing your accident due to an excessively high manhole cover, please state the following: a.) all facts which provide the evidentiary supportl for such allegations; b.) all persons with knowledge or information which provide the evidentiary support for such allegations; and c.) all documents that contain information which provides the evidentiary support for such allegations. ANSWER: 1 See Pa.R.C.P. 1023.1(c). 3 2. With regard to the allegations contained in paragraph 7 of your Complaint that Affordable Building & Construction Co., owed a duty to you to warn of the construction they had been performing and/or of any dangerous conditions, please state the following: a.) all facts which provide the evidentiary support2 for such allegations; b.) all persons with knowledge or information which provide the evidentiary support for such allegations; and c.) all documents that contain information which provides the evidentiary support for such allegations. ANSWER: 2 See Pa.R.C.P. 1023.1(c). 4 3. With regard to the allegations contained in paragraph 29 of your Complaint that Affordable Building & Construction Co. played a role in your accident because it was negligent and careless with respect to the supervision inspection and maintenance of North Crest Drive name) engaging in the placement of a manhole cover, please state the following: a.) all facts which provide the evidentiary support3 for such allegations; b.) all persons with knowledge or information which provide the evidentiary support for such allegations; and c.) all documents that contain information which provides the evidentiary support for such allegations. ANSWER: 3 See Pa.R.C.P. 1023.1(c). 5 4. With regard to the allegations contained in paragraph 30(a) of your Complaint that Affordable Building & Construction Co. was negligent, careless, and/or reckless because it failed to provide adequate warning of the hazards presented by the dangerous condition of the excessively high placement of the manhole cover, please state the following: a.) all facts which provide the evidentiary support4 for such allegations; b.) all persons with knowledge or information which provide the evidentiary support for such allegations; and c.) all documents that contain information which provides the evidentiary support for such allegations. ANSWER: 4 See Pa.R.C.P. 1023.1(c). 6 5. With regard to the allegations contained in paragraph 30(b) of your Complaint that Affordable Building & Construction Co. was negligent, careless, and/or reckless because it failed to provide adequate signing and warning of the hazards presented by the dip in the roadway surrounding the manhole cover, please state the following: a.) all facts which provide the evidentiary supports for such allegations; b.) all persons with knowledge or information which provide the evidentiary support for such allegations; and c.) all documents that contain information which provides the evidentiary support for such allegations. ANSWER: 5 See Pa.R.C.P. 1023.1(c). 7 6. With regard to the allegations contained in paragraph 30(c) of your Complaint that Affordable Building & Construction Co. was negligent, careless, and/or reckless by failing to properly and timely inspect maintain and correct the dangerous condition of this roadway, please state the following: a.) all facts which provide the evidentiary support6 for such allegations; b.) all persons with knowledge or information which provide the evidentiary support for such allegations; and c.) all documents that contain information which provides the evidentiary support for such allegations. ANSWER: 6 See Pa.R.C.P. 1023.1(c). 8 7. With regard to the allegations contained in paragraph 30(d) of your Complaint that Affordable Building & Construction Co. was negligent, careless, and/or reckless by failing to properly and timely make repairs to the roadway and the manhole cover that would make the roadway safer, please state the following: a.) all facts which provide the evidentiary support7 for such allegations; b.) all persons with knowledge or information which provide the evidentiary support for such allegations; and c.) all documents that contain information which provides the evidentiary support for such allegations. ANSWER: 7 See Pa.R.C.P. 1023.1(c). 9 8. With regard to the allegations contained in paragraph 30(f) of your Complaint that Affordable Building & Construction Co. was negligent, careless, and/or reckless by failing to mend the excessively high manhole cover, please state the following: a.) all facts which provide the evidentiary support8 for such allegations; b.) all persons with knowledge or information which provide the evidentiary support for such allegations; and c.) all documents that contain information which provides the evidentiary support for such allegations. ANSWER: 8 See Pa.R.C.P. 1023.1(c). 10 9. With regard to the allegations contained in paragraph 30(g) of your Complaint that Affordable Building & Construction Co. was negligent, careless, and/or reckless by failing to mend the unmarked dip in the roadway surrounding the manhole, please state the following: a.) all facts which provide the evidentiary support9 for such allegations; b.) all persons with knowledge or information which provide the evidentiary support for such allegations; and c.) all documents that contain information which provides the evidentiary support for such allegations. ANSWER: 9 See Pa.R.C.P. 1023.1(c). 11 r 10. With regard to the allegations contained in paragraph 300) of your Complaint that Affordable Building & Construction Co. was negligent, careless, and/or reckless by failing to keep the roadway reasonable clear of all impediments to easy and convenient traveling, please state the following: a.) all facts which provide the evidentiary support10 for such allegations; b.) all persons with knowledge or information which provide the evidentiary support for such allegations; and c.) all documents that contain information which provides the evidentiary support for such allegations. ANSWER: 10 See Pa.R.C.P. 1023.1(c). 12 ?x?ib?f ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. DOBBS, CIVIL DIVISION Plaintiff, V. NO. 2004 - 2338 TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendants. PLAINTIFF'S RESPONSE TO DEFENDANT'S SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS To: John Flounlacker, Esquire Thomas, Thomas & Hafer, L.L.P. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 AND NOW COMES the Plaintiff, Michele L. Dobbs, by and through her attorneys, Handler, Henning & Rosenberg, and responds to the Supplemental Request for Production of Documents of Defendant, Affordable Building and Construction Co., and in support thereof avers the following: L-14. All such documents have previously been exchanged between the parties in written discovery. By way of further answer, see deposition testimony. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: (o?ZOV'?- By: Nfifffilew S. Cr y, Esq. Attorney ID No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. DOBBS, CIVIL DIVISION Plaintiff, NO. 2004 - 2338 V. TERRRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendants. CERTIFICATE OF SERVICE I, Matthew S. Crosby, Esquire, hereby state that a true and correct copy of Plaintiff's Response to Defendant's Supplemental Request for Production of Documents was served upon all counsel of record by first-class United States mail, postage prepaid, addressed as follows, on the date set forth below: John Flounlacker, Esquire Christopher Reeser, Esq Thomas, Thomas & Hafer, L.L.P. Marshall, Dennehey, Warner, Coleman & Goggin 305 North Front Street 4200 Crums Mill Road P.O. Box 999 Suite B Harrisburg, PA 17108 Harrisburg, PA 17112 HANDLER HENNING & ROSENBERG LLP Matth . Crosby, E wire Attorney for Plaintiff Dated: I t I b/ZC) c) '-? ., ; ?xl??b;? r ? a THOMAS,, THOMAS & HAFERLLP ATTORNEYS AT LAW A14 I www.tthlaw.com Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 Bret Keisling (717) 441-7054 bkeisling@tthlaw.com Admitted in PA and MD Via Fax: 717-233-3029 and First Class Mail March 6, 2007 Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Re: Dobbs v. Affordable Building Co. Civil Action No.: 2004-2338 Dear Attorney Crosby: This letter confirms our telephone conversation this morning during which you indicated that with the exception of the video deposition of Dr. Sabochek, scheduled for early April, you have completed discovery and are prepared to list this matter for trial. I informed you of our view that your client would need an expert to testify as to whether the manhole cover was excessively high as alleged in the Complaint. In light of your position that no such expert testimony is required, we intend to file a Motion for Summary Judgment based on the absence of expert testimony. Accordingly, it would be premature to list this matter for trial. Certainly contact me with any questions. Sincerely, THOMAS, THOMAS & HAFER, LLP Bret Keisling BK:320352.10 cc: Christopher M. Reeser, Esquire Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407 ?n? b??? t MAY 3 2007 r MICHELE L. DOBBS, Plaintiff v TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 CIVIL ACTION -LAW JURY TRIAL DEMANDED I, Don Keener, Newberry Township Manager, state that the following facts are true and correct to the best of my personal knowledge. 1. As of June 9, 2002, North Crest Drive, was a roadway located within Newberry Township. 2. As of June 9, 2002, North Crest Drive was still under construction as part of a new housing development that was being built in Newberry Township. 3. As of June 9, 2002, Newberry Township did not own North Crest Drive. 4. Prior to June 9, 2002, Newberry Township regularly inspected the progress of the construction activity as it relates to the creation and construction of North Crest Drive. This would include the installation of sewers, manholes and manhole covers located in and around North Crest Drive. 5. I attest that I have reviewed all relevant files in the Newberry Township office and that, based upon my review, up to 1 June 9, 2002 North Crest Drive had been constructed and was being maintained in a reasonable and appropriate manner. This would include the creation, construction and maintenance of North Crest Drive as well as the roadways, related sewers and manhole covers. UX 4 -9 01 on Keener, Newberry Township Manager AFFIRMED AND SUBSCRIBED BEFORE ME THIS `' DAY OF 2007 NotaryPublic My Commission Expires on /11Z 3? ?b I t7 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan J. Reitz, Notary Public Newberry Twp., York County My Commission E)ires Dec. 23, 2010 Penneylvanla Association of NiAgille 2 CERTIFICATE OF SERVICE 1. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Christopher M. Reeser, Esquire Marshall, Dennehey, et al. 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 Dated: S ? 6 THOMAS, THOMAS & HAFER, LLP J e L. Kawalec 5 ?` ?,.. W?% ?? L`_ ( 'kry _ }"' ?_ -` Q r °' Marshall Dennehey Warner Coleman & Goggin By: Christopher M. Reeser, Esquire ID # 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 21237-00187 Attorney for Defendant Terry A. Dobbs MICHELE L. DOBBS, IN THE COURT OF COMMON PLEAS Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO. Defendants V. PAUL EICHELBERGER d/b/a P.L. EICHELBERGER PAVING, Additional Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT TERRY DOBBS' MOTION FOR SUMMARY JUDGMENT 1. This lawsuit arises out of an incident that occurred on June 9, 2002 on North Crest Drive in Newberry Township, York County. 2. Defendant Terry A. Dobbs was driving his 2000 Hyundai Elantra on North Crest Drive at all times relative to this lawsuit. His wife, plaintiff Michele L. Dobbs, was seated in the front passenger's seat. 3. As the Dobbs' vehicle was traveling on North Crest Drive, the undercarriage of the Dobbs' vehicle became caught on an excessively high manhole cover which was protruding from the roadway. 4. As a consequence of striking the manhole cover, the passenger's side airbag in front of plaintiff Michele Dobbs deployed. Plaintiff had a clipboard on her lap which was pushed by the airbag back into her face, causing her injuries. 5. Plaintiff Michele L. Dobbs brought a civil action against her husband, Terry A. Dobbs, sounding in negligence (See Count I of Plaintiffs Complaint). 6. Plaintiff Michele Dobbs was deposed on December 12, 2005. At her deposition, she was asked by counsel for Affordable Building and Construction Co. whether she believes that her husband, Terry Dobbs did anything wrong in connection with causing the accident. Plaintiffs response was "No." (Deposition of Michele Dobbs, p. 29-30 attached as Exhibit A). 7. Defendant Terry Dobbs can find no record of an Answer or a Crossclaim being filed on behalf of Defendant Affordable Building and Construction Co. 8. Affordable Building and Construction Co. has filed a Motion for Summary Judgment in this case arguing that plaintiff cannot set forth a cause of action against Affordable Building and Construction Co. because plaintiff has not come forward with an expert who will testify that the raised manhole in question was negligently designed. 9. Defendant Terry Dobbs opposes Affordable Building and Construction Co.'s motion. 10. However, if Affordable Building and Construction Co.'s for summary judgment is granted, defendant Terry Dobbs submits that the claim against him should be dismissed as well in that plaintiff Michele Dobbs has testified that she does not believe her husband, who she sued, was negligent. 11. Plaintiff cannot rest upon the mere allegations or denials of the pleadings in an effort to avoid summary judgment. Pa.R.C.P. 1035.3(a); Ertel v. Patriot-News Compan y, 674 A.2d 1038 (Pa. 1996). 12. The only existing claim of record against defendant Terry Dobbs is the claim of Michele Dobbs. Notwithstanding the allegations of negligence contained in the Complaint, Michele Dobbs testified that her husband was not negligent. 13. No Judge has ruled upon any other issue in the same or related matter in this matter. WHEREFORE, Defendant Terry A. Dobbs is entitled to summary judgment. MARSHALL DENNEHEY WARNER COLEM GOGGIN By: Chris opher M. Reeser, Esquire Attorney for Defendant ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: May 24, 2007 Ex?,b,? A vet, Z) u cwj 2113, ,18-1 r ' MICHELE L. DOBBS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 2004-2338 : CIVIL ACTION - LAW TERRY A. DOBBS AND AFFORDABLE BUILDING & CONSTRUCTION CO., DEFENDANTS JURY TRIAL DEMANDED DEPOSITION OF: MICHELE L. DOBBS TAKEN BY: DEFENDANT AFFORDABLE BUILDING & CONSTRUCTION CO. BEFORE: DIANE F. FOLTZ, RMR NOTARY PUBLIC DATE: DECEMBER 12, 2005, 1:30 P.M. PLACE: HANDLER, HENNING & ROSENBERG, LLP 1300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: HANDLER, HENNING & ROSENBERG, LLP BY: MATTHEW S. CROSBY, ESQUIRE FOR - PLAINTIFF MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: AMANDA STOMBAUGH, ESQUIRE FOR - DEFENDANT TERRY A. DOBBS THOMAS, THOMAS & HAFER, LLP BY: JOHN FLOUNLACKER, ESQUIRE FOR - DEFENDANT AFFORDABLE BUILDING & CONSTRUCTION CO. ALSO PRESENT: TERRY A. DOBBS 2080 Linglestown Road • Suite 103 • Harrisburg, PA 17110 717.540.0220 0 Fax 717.540.0221 0 Lancaster 717.393.5101 2 1 2 3 4 5 6 8 9 10 11 1. 1 1 1 1 2 2 L L WITNESSES NAME EXAMINATION MICHELE DOBBS BY: MR. FLOUNLACKER 3 ) I 5 7 B 9 0 1 2 .3 '.4 ?5 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Yes? A Yes. I'm sorry. Q Now that we have been talking about it awhile, are you aware of any other future medical care that you may require as a consequence of injuries you have received in this accident? A No. Q Do you believe your husband did anything wrong in connection with causing this accident? A No. Q Why did you sue him? MR. CROSBY: Objection, and I'm going to instruct her not to answer that. It calls for a legal conclusion. She's a non-lawyer. MR. FLOUNLACKER: I don't think under the new rules that's a bona fide objection. MR. CROSBY: That's my objection. What new rules? What are you talking about? MR. FLOUNLACKER: I think if we get the Pennsylvania rules out, I don't think a legal conclusion is a basis to instruct a witness not to answer a question. I'm not kidding around. I really believe that. MR. CROSBY: To the extent that her answer involves any communication that we may have had -- MR. FLOUNLACKER: Oh, I wouldn't want that. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CROSBY: -- I'm going to object. My objection as far as a legal conclusion stands, and she can answer it to the best of her ability. BY MR. FLOUNLACKER: Q You know what, that's lawyer talk. As you sit here now, and I think this might satisfy your concern, as you sit here now can you think of anything that your husband did wrong in terms of driving the car on the date of the accident that gave rise to causing this accident? A No. MR. CROSBY: That's fine. BY MR. FLOUNLACKER: Q Yes. And that would include all the things that I discussed with him, driving too fast, not keeping a proper lookout, or speeding inside the development, you don't think he did any of those things? A No. MR. FLOUNLACKER: Thank you, Ma'am. I have no further questions. MS. STOMBAUGH: I have no questions. (The deposition was concluded at 2:29 p.m.) C? a Q ? r• .. ? N C3 __ W C L} m MICHELE L. DOBBS, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, : PENNSYLVANIA V. NO. 2004-2338 TERRY A. DOBBS and CIVIL ACTION - LAW AFFORDABLE BUILDING AND CONSTRUCTION CO., JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, CHRISTOPHER M. REESER, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on May 24, 2007, I served a true and correct copy of the foregoing document via U.S. first-class mail, postage pre-paid, as follows: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff John Flounlaker, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant Affordable Building and Construction Co. CHRISTOPHER M. REESER ;p -J5 A Marshall Dennehey Warner Coleman & Goggin By: Christopher M. Reeser, Esquire ID # 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 21237-00187 Attorney for Defendant Terry A. Dobbs MICHELE L. DOBBS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2338 : CIVIL ACTION - LAW TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO. JURY TRIAL DEMANDED Defendants V. PAUL EICHELBERGER d/b/a P.L. EICHELBERGER PAVING, Additional Defendant DEFENDANT TERRY A. DOBBS' RESPONSE TO DEFENDANT AFFORDABLE BUILDING AND CONSTRUCTION CO.'S MOTION FOR SUMMARY JUDGMENT 1-11. Admitted. 12. Denied. Whether or not a manhole cover is excessively high is not a question for an expert witness. An ordinary person could observe a manhole cover and make a determination as to whether or not the manhole was at an abnormally dangerous height. In fact, two witnesses have provided statements in this case with regard to their observations of the manhole and their opinion that the height of the manhole presented a hazard. (See Statement of Terry Bankes attached hereto as Exhibit A and Statement of Douglas Wahl attached hereto as Exhibit B). 13. Denied. A jury could reasonably conclude, absent expert testimony, that a manhole was excessively high. The jury is capable of reasonably inferring from the evidence presented to it that if the undercarriage of a motor vehicle strikes or becomes caught on a manhole protruding from the roadway that a dangerous condition existed. Defendant Terry Dobbs submits that defendant Affordable Building created the condition which placed Affordable Building on notice of the condition and that Affordable Building had a duty to warn all motorists who were traveling on North Crest Drive where the manhole was located. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. 20. Denied. Answering Defendant does not have sufficient information to form a belief as to the truth or falsity of the averment in Paragraph 20 of Defendant Affordable Building's Motion for Summary Judgment. 21. Admitted that the letter attached to Defendant Affordable Building's Motion as Exhibit F was sent. Denied that the telephone conversation referenced in the Motion took place as Answering Defendant does not have sufficient information to form a belief as to the truth or falsity of that averment. 22. Admitted. By way of further answer, Mr. Keaner is not the trier of fact. When his Affidavit is compared to the statements of Bakes and Wahl, it is clear that a genuine issue of material fact exists. 23. Denied. Expert testimony is not necessary. Whether or not a manhole cover is too high and presents a risk of the type of injuries sustained by Michele Dobbs falls within the purview of an ordinary layman and expert testimony is not necessary. WHEREFORE, Defendant Terry Dobbs requests that Defendant Affordable Building and Construction Co.'s Motion for Summary Judgment be denied. MARSHALL DENNEHEY WARNER COLE GOGGIN By: Chri per M. Reeser, Esquire Attorney for Defendant Dobbs ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: May 24, 2007 ?Kkl b, i 4 STATEMENT OF TERRY BANKES REGARDING MICHELE DOBBS--ACCIDENT OF 6/9/02 Q A Q A Q A Q A Q A Q A My name is Todd Hassinger, representing the law firm of Handler, Henning & Rosenberg. I am located at 1300 Linglestown Rd. in Harrisburg, Pennsylvania. This is a recorded phone interview with Terry Bankes, regarding the .case of Michele Dobbs. Today is Thursday, May 25, 2006; the time is approximately 8:50 a.m. Um, Terry, do I have your permission to record this conversation? Yes. Could you please state your full name and spell your last name? It's Terry Bankes. And it's B-A-N-K-E-S. And your address? Is 50 North Crest Dr., York Haven, PA 1.7370 And you please state your phone,phone number? Uh, yeah. Area code 717-932-9067. All right, and your date of birth, Terry? Uh, 10/1/62. And what is your occupation? Uh, package handler for Fed Ex. Q All right. And I understand that you were aware of a problem regarding a manhole cover located on North Crest Dr., and which caused a motor vehicle accident, which occurred on June 9th of.2002. Is that correct? A Yes. Q Um, can you please provide a general description of the roadway at the time of the incident you had just mentioned, that, which, which you had just mentioned? A Well, the manhole was up pretty high. Um, that, the, actually the manhole that, F -1- uh, the woman had hit, um, that was actually dead in front of her house. Um, that was up, you know, pretty high and I guess after, you know, the incident, they actually did come out and re-do it. Um, the road, like I said, down through there's manholes and they're even above where they shouldn't even be above, you know, the roadway, so they're still some here that are even up a little high. Q All right. Now the one, the one that, the one in question, the one that Ms. Dobbs struck, uh, that caused the incident, you say that was been corrected, that was corrected? A That was corrected probably about a month or so after she had hit it, because that was not the only incident. I mean, now, there was no ambulance or anything like involved, but a friend of my son's had come over here after he has gotten his driver's license and he had hit it and when he hit it, it either - I think it tore his axle out or did something that he ended up having to get an axle, because by the time he got out at the.end of the road, the wheel part of his car was actually coming out, that, you know, that's what caused it, when he hit it, but that isn't the only incident that has happened. That's just a, you know, uh, with her accident, that's,.that was actually the major one. Q I see. And who was this? A Um.. Q This individual? A I'm trying to think what his name was, because he actually moved and went to Florida. Um, - oh, God, I wish I knew what his name was- my, my boy's not even here to (can't understand).. Oh, God! Q Did he contact Mr. Fisher in regards to damages to his vehicle? A No, you see, we told him that he, that he should, because, you know, you're not supposed to be up that high. You know, my husband's a contractor hisself and, you know, he said th, they were just too high- they should not even be that high, but, yeah, I can't, I wish I would knew what his name.. I can't remember what his name was. Q Well, if you think about it, please give me a call back and you can leave that information. Um, and you say that, uh, even to, even now, to this day, there are several manhole covers that are still high? -2- A Oh, yeah, if you could... Oh, yeah. I, I'd say probably... Q You have to avoid going over them? Directly? A Uh, yeah! Mainly the ones that have cars. Now, see, we have trucks, but now, see, I won't straddle 'em. My husband always yells at me for even straddlin' 'em. He doesn't even want us to straddle 'em. He wants us to go around 'em. Q (can't understand) A Oh, yeah. There's, yeah, because there's actually two- the one that stands in front of my house is the one that the girl had hit and, then, if you go up the street, um, there's actually one, that they actually fixed that one too, because that one was high too, but not as high as the one that was here in front of our place, but now, if you go down.the road, um, out to the other entrance now, since you can actually go out to the other entrance, there are manholes out there and even the water things, they're all above. And I mean very, very far above the road! Q Would you, uh, were you present at the time of, uh, of, eh, uh, were you present at the time of the injury to Ms. Dobbs? A No. Q So you didn't actually witness it. A No. Q OK. All right. When were you first aware of... A Well... Q the incident? A I'd say like 20 minutes after, well, no, it wouldn't even be 20 minutes, because everything was already done and over with and her car was still sitting here when we got home and then that's when Doug come out and he said, um, he more or less said to Barry about, "what'd I tell you! Somethin' was gonna happen and then he went and told us you know more or less what went on and that's like, well, we were waiting for it. Q OK. All right. So you didn't talk to Ms., Ms., Dobbs? -3- A No. Q Mr. and Mrs. Dobbs at all? A No. Q OK. Did you or your husband ever discuss this problem with Mr. Alvin Fisher? A No, no, we didn't, no. Q How about Dave Miller? A Probably Dave did, because, we, I know a d, a couple of us have already said about, you know, how high these manholes and things were, so now I don't know what, um, Dave had, you know, if he had ever mentioned anything to Alvin or what, because right now he's supposed to re, re, actually supposed to be redoing this road, because this road is not all the way completely done. It needs another coating over it and apparently he still hasn't done that - that, that was supposed to be done about a year or so ago, I guess Q OK. A you know. Q Well, did you or your husband com, make any complaints to Mr, to Dave Miller? A No. Q No. OK. All right. Did your husband complain to anyone in particular in regards to the manhole cover? A No. Q All right. Are you aware of Ms, whether, whether Ms, whether Doug Wall, eh, complained to either, uh, Dave Miller or Alvin Fisher? A I couldn't tell ya. Q. Sure. OK. Now, you'd stated one other instance involving, what you say, a young, young man? A Yeah, it was, yeah. It was my so, it was a friend of my son's that he had went to school with, um, I just wish I knew what his name was, because, like I said, he had a, more or less like a low, like a low-sittin' car and he had hit it, um... -4- Q Now, and you say this not, that's not the only other incident? A Well, no, there's been two or, I think there's been two other ones, but nothing concerning any major, um, medical treatment or anything like that, I mean like. Q Just damage to the vehicles? A Yeah, to the vehicles, yes, because I know, um, the.boy that actually hit it not longer after she hit it, I think it cost him a little over $200 to get an, - I'm pretty sure it was the axle, because whatever he hit, when he left here then, he, he didn't even get out the other main road that far, when he turned around and had to call and had, my, my youngest one or the oldest boy went down and, um, went to look to see what was wrong with his car and here the wheel- I'm thinking it's an axle- because an axle will slide - I mean, like your tire will come out from, you know your fender or whatever, if you knock this one piece or something, but, yeah, he ended up damaging his vehicle and then we told him that, you know, he should either go see Dave or, you know, try to find out how to get ahold of Alvin, uh, to more or less see what could be done about it, but he never, he, guess he never worried about doing it or he fixed it hisself, because he did fix it like 2 days later, he was back with the same car, so, he did fix that, and I can't think of what the other one was. I think the other one was an exhaust system had, had been ripped off from hitting it and I think that was a young boy too. Now I don't know who that boy was though, because he wasn't a friend of my son's though. Q Were you, uh, were those instances that you were, uh, told about or were you present at the time they happened? A Well, we, now I was present when my son's friend was here and, and had hit that manhole and knocked the axle or whatever out. Yes, now we were present; we were at home when that happened, um, you know, we didn't know it - well, we knew that he hit it- we were here when he hit it, but then we didn't, um, yeah.. When he hit it, we were here and then when, when he went down the road and he had called my son, then my son come back and said after he hit that, you know, it did this and it was like, I knew! Sooner or later! Q All right. Is there anything else that you would like to add, Terry, that, uh, we didn't discuss or touch upon that you feel, is relevant in the matter? A No, I don't think. Q All right, and I was given your permission to record this conversation, is that correct? -5- A Yes. Q OK. I have no further questions. This concludes your recorded statement. Thank you again for your time and cooperation. A OK. (TRANSCRIBED BY VFF ON 513012006) -6- Ex 4)6p t B JUN=27-2006 TUE 07;37 AM HANDLER HENNING FAX NO, 7172333029 STATEMENT OF DOUGLAS WAHL REGARDING TERRY & MICHELE DOEBS ACCIDENT OF 6/9102 My_name is Todd Hassinger, representing the lawfirm of Handler, Henning & Rosenberg.. I am located at 1300 Linglestown Rd. in Harrisburg, Pennsylvania. This is a recorded phone interview *Mth Douglas Wahl, regarding the case of Michele Dobbs. Today is Tuesday,. 'May 2, 2006; the time is approximately 3:55 p.m. Q Uh, Mr. Wahl, do I have your permission to record this conversation? A Yes. Q Could you please state your full name-and spell your last name? A Douglas Wahl. W-A-H-L. Q And what is your address, Doug? A 45 North Crest Drive, York Haven, PA 17370. Q OK, and can you please state your phone number? A 717-932-4919.. Q And your date of birth? A 4/24/60. Q And your occupation? A Retired. Q Retired, OK. Now, I understand that you aware of a problem regarding, regarding a manhole cover, located. on North Crest, North Crest Drive, and which caused a motor vehicle accident which occurred on June 9, 2002.1s that correct? A That's-correct. Q OK. Um, when did you move to that, your address, your current address? JUN=27-2006 TUE 07:37 AM HANDLER HENNING FAX NO. 7172333029 A February 1, 2001. Q OK. A 211 of 01. Q OK. And when did you notice that this manhole cover was a problem? A Uh, initially, when we moved in, it was a little bit high, but it got worse through .the first year we were here as it rained. Q OK. Now, you, you moved into a new home? Correct? A Correct. The third house. Q Third house. This is, this was a, uh, uh, new street? A Correct. Q OK. Um, was the road paved, was your street paved at the time? A It has some ruptures on it, still has not, has the final coat. Q OK. All right. And you say the road actually sunk? A Well, that manhole cover-you're speaking of was directly in front of my home and the reason I was aware of it, I had a 2001 Grand Prix TDB.. Q OK. F. A And it sits about 6-1 /2 in. off -the road and I could not drive over that manhole cover. I had to go around it one way or the other. Q All right. Did you contact anyone regarding that? A Yeah. Alan Fisher. He's the property owner that the construction crew bought this land off of. He's responsible for the road for my requesting the township Q OK. A The township still is in a state of not taking responsibility for this road. Q Did you speak to Alan Fisher in person or someone... -2- JUN-27-2006 TUE 07:37 AM HANDLER HENNING FAX NO, 7172333029 t', 04 A Um, in person and through the construction company. Q OK. So you talked to the head(?) directly. You also spoke to somebody through the construction company. A Correct, Q OK. A I am aware that's there. The construction company and Alan Fisher were fined (can't understand), October a year ago, because the road is not complete. Q OK. A And is not up to code. Q He was fined by the township? A The township. Q OK. And that's, again, what township? A Newberry Township. Q OK. Did anyone other than yourself, any neighbors- I know you s the third, you said you were the third home purchased on that stre A Correct. Q OK. Any other, any of your neighbors contact anyone? A I believe, uh, Bankes's, 1 believe they're 50 North Crest Drive. Q That's Barry and Terry Banks? A Correct. Q OK. A I believe it's Bankes. Q Bankes, OK. Do you know who they would have spoke to? A I have no idea. you were -3- JUN=27-2006 TUE 07;37 AM HANDLER HENNING FAX NQ. 7172333UZy V. u? Q OK. Do you speak to, uh, Barry? A Yeah. Q OK. When did he move in, do you know? A Uh... Q Approximately. A He was here two, three months before I was. Q OK. Do you know Dave Miller? A Yes. He's the salesman for Oakwood Cre, Oakwood Custom Homes. Q OK. And was he aware of the problem? A Yes. Q OK. Did, did you contact Dave or did you speak to Dave? A Yeah, well, I said I talked to crews(?) the Construction Co.- that's who I was speaking to. Q OK. All right. A He drove over it every day as well. Q He's aware of it as well? A. Yes. Q OK. And do you believe, to your knowledge, he would have passed that information along? A Oh, absolutely. Q Was there. anything else that he was concerned about? A Um, well, he was one of the guys who was pushing Alan Fisher to get the road done, because it's not up to code. Q OK. Do you know, what, what is his address? -4= JUN-27-2006 TUE 07:37 AM HANDLER HENNING FAX No. 7172333029 F. Ub A 55, 1 believe. Q C K. A North Crest Drive. Q OK. Do you recall the actual, uh, accident regarding Terry Dobbs? A I was not present for the actual accident. When I got home- I have a camp up north- when I got home, the car was sitting there and the airbags were deployed and later on that day, I talked to someone concerning that vehicle. Q A Q A Q A Q A Q A Q OK. And they, they explained to you what happened? Yeah. OK. Were they home? Um, I believe who I talked to was the gentleman who was driving the car. I see. OK. No. I'm, I'm cause, it was the insurance, somebody from the insurance company or a Police Dept or something- he was associated with the Police Dept. OK. He was a friend of the person driving the car. I see. OK. All right. Did any of your neighbors that you know of witness the accident? Not that I know of. OK. Do you recall what was said or how it happened or what happened? A Uh, they were looking at homes through here and, from my understanding, the young lady in the car, who I now know as being Ms. Dobbs was driving, uh was in the passenger side and holding a clipboard and when the airbag deployed when they hit the man(hole) cover with the frame of the car or the transmission- I'm not sure which hit first- it deployed, threw everything up into her face. Q I see. OK. All right. Is there anything else that you would like to add that you feel is relevant in this matter that we didn't discuss or touch upon? -5- JUN127-2006 TUE 07:37 AM HANDLER HENNING FAX NO, 7172333029 A Not that I know of. Q All right, then, I, I, uh, have no further questions. This concludes your recorded interview, (TRANSCRIBED BY VFF ON 5/1112006) P. 07 -6- Min e .`x N :Z3 Q _ fX'# G+J MICHELE L. DOBBS, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, : PENNSYLVANIA V. NO. 2004-2338 TERRY A. DOBBS and CIVIL ACTION - LAW AFFORDABLE BUILDING AND CONSTRUCTION CO., JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, CHRISTOPHER M. REESER, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on May 24, 2007, I served a true and correct copy of the foregoing document via U.S. first-class mail, postage pre-paid, as follows: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff John Flounlaker, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant Affordable Building and Construction Co. CHRISTOPHER M. REESER G v -- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO. Defendants V. PAUL EICHELBERGER d/b/a P.L. EICHELBERGER PAVING, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED 1. State matter to be argued (i.e.., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment of Terry A. Dobbs 2. Identify counsel who will argue cases: a. for plaintiff: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 b. for defendant: John Flounlaker, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant Affordable Building and Construction Co. Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendant Terry A. Dobbs 3. I will notify all parties in writing within two days that this case has been listed for argument. Certificate of Service is attached hereto. 4. Argument Court Date: July 11, 2007 Signature Christopher M. Reeser, Esquire Attorney for Defendant Terry A. Dobbs Dated: June 19, 2007 N_ .n f7{ L 3 Q 5 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) MICHELE L. DOBBS, (Plaintiff) vs. TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO. (Defendant) NO. 2004-2338 2. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment of Defendant, Affordable Building and Construction Co. Identify counsel who will argue case: (a) for plaintiff: Matthew S. Crosby, Esquire Address: Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (b) for defendant: Bret Keisling, Esquire Affordable Building & John Flounlacker, Esquire Construction, Inc Thomas, Thomas & Hafer, LLP Address: 305 N. Front St., P.O. Box 999 Harrisburg, PA 17108-0999 (b) for defendant: Christopher Reeser, Esquire Terry A. Hobbs Marshall, Dennehey, Warner, Coleman & Goggin Address: Thomas, Thomas & Hafer, LLP 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 11, 2007. i Dated: June 19, 2007 Attom'eysrf? De ndant Bret Keisling, Esquire John Flounlacker, Esquire :511434.1 r-? Q ? c? c.- 31 -; V` s= - = N ? ??r . ??: =?- , ? 4? ? G ? _.t d+ Matthew S. Crosby, Esq. 1. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Crosby@hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2007, upon consideration of Defendant, Terry A. Dobbs' Motion for Summary Judgment, and any Answer filed in response thereto, it is hereby ORDERED and DECREED that said Motion is DENIED. BY THE COURT: J. L in Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: CrosbvO-hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT, TERRY DOBBS' MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Plaintiff, Michelle Dobbs, by and through her Attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esquire, and files her Response in opposition to Defendant, Terry Dobb's, Motion for Summary Judgment, and in support of this Response represents: 1-5. Admitted. 6. Denied. Plaintiff's deposition testimony speaks for itself. Furthermore, Plaintiff's deposition testimony must be read in its entirety before any attempt at determining whether genuine issues of material fact exist as to the negligence of Terry Dobbs. or 7. Denied. Responding Plaintiff, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of plaintiffs complaint and strict proof thereof is demanded at trial, if deemed material. 8. Admitted. 9. Admitted. 10. Denied. By way of further answer, Plaintiff did not testify that her husband was not negligent as a matter of law, only that she believed he did nothing wrong. (See Michele Dobb's Deposition, Dec. 12, 2005 p. 29-30, attached hereto as Exhibit A.) Terry Dobbs' negligence is a determination for the fact finder after being given the proper jury instruction pertaining to negligence under Pennsylvania law. 11. Denied. The averments in Paragraph 10 of Defendant's Motion for Summary Judgment contain conclusions of law to which no response is required. A review of the entire record, including the deposition testimony of Alvin Fisher, Terry Dobbs and the Affidavit of Newberry Township Manager, Don Keener, illustrates that issues of credibility remain to be determined by the fact finder. Co-Defendant Dobbs testified to being aware of the raised manhole covers and dip in the road, and he chose to straddle the covers rather than risk damaging his tires and driving over them. (See Terry Dobbs Deposition, Dec. 12, 2005, p. 15:1-5; 47: 10-11, attached hereto as Exhibit B.) Co-Defendant Dobbs also admitted to "gawking" at the houses in the development as he traveled along North Crest Drive. (T. Dobbs Dep. p. 30:19-20.) Alvin Fisher testified to traveling North Crest Drive numerous times a month in both a truck and car and never encountering a problem with the raised manhole covers. (See Alvin Fisher Deposition, Dec. 12, 2005, p. 37:5-16; 59:9-12, attached hereto as Exhibit C.) Finally Mr. Keener's Affidavit states that North Crest Drive was being maintained in a reasonable and appropriate manner. (See Affidavit of Don Keener, attached hereto as Exhibit D.) 2 12. Denied. Responding Plaintiff, after reasonable investigation, presently lack sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of plaintiff's complaint and strict proof thereof is demanded at trial, if deemed material. By way of further answer, Plaintiff testified that she did not believe her husband did anything wrong. Plaintiff did not testify her husband was not negligent. See response to Paragraph 10 above. . 13. Denied. Responding Plaintiff, after reasonable investigation, presently lack sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of plaintiffs complaint and strict proof thereof is demanded at trial, if deemed material. WHEREFORE, Plaintiff, Michele Dobbs, requests that this Honorable Court deny Defendant's Motion for Partial Summary Judgment because the record provides that genuine issues of material fact exist as to the negligence of Terry Dobbs. Respectfully submitted, Date: ci' HANDLER, HENNING & ROSENBERG, LLP By Matthe . Crosby, Esquire I.D. No. 69367 3 Lxhkbi+ fl f MICHELE L. DOBBS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 2004-2338 : CIVIL ACTION - LAW TERRY A. DOBBS AND AFFORDABLE BUILDING & CONSTRUCTION CO., DEFENDANTS JURY TRIAL DEMANDED DEPOSITION OF: MICHELE L. DOBBS TAKEN BY: DEFENDANT AFFORDABLE BUILDING & CONSTRUCTION CO. BEFORE: DIANE F. FOLTZ, RMR NOTARY PUBLIC DATE: DECEMBER 12, 2005, 1:30 P.M. PLACE: HANDLER, HENNING & ROSENBERG, LLP 1300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: HANDLER, HENNING & ROSENBERG, LLP BY: MATTHEW S. CROSBY, ESQUIRE FOR - PLAINTIFF MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: AMANDA STOMBAUGH, ESQUIRE FOR - DEFENDANT TERRY A. DOBBS THOMAS, THOMAS & HAFER, LLP BY: JOHN FLOUNLACKER, ESQUIRE FOR - DEFENDANT AFFORDABLE BUILDING & CONSTRUCTION CO. ALSO PRESENT: TERRY A. DOBBS 2080 Linglestown Road • Suite 103 • Harrisburg, PA EXHIBIT A 717.540.0220 • Fax 717.540.0221 9 Lancaster 717.39' Multi-Page TM MICHELE L. DOBBS ' DECEMBER 12, 2005 1 WITNESSES Page 2 Page 4 1 hopefully this will save some time, okay? 2 A Yes. 3 Q Okay. Did you hear --hold on. Bear with me. 4 Did you hear all of the testimony that your husband gave 5 about his educational background? 6 A Yes. 7 Q Is it true and accurate? 8 A Yes. 9 Q Anything to add to that? 10 A No. 11 Q Okay. Did you hear all the testimony your 12 husband offered about where you two have lived over -- from 13 the time just prior to you getting married and up until the 14 current date? 15 A Yes. 16 Q Is that accurate? 17 A Yes. 18 Q Anything to add to that? 19 A We did live in Virginia Beach for approximately 20 three months. 21 MR. DOBBS: Oh, forgot about that. Sorry. 22 BY MR. FLOUNLACKER: 23 Q You're going to get addresses and dates wrong. I 24 guarantee it. Two kids? 25 A Yes. 2 NAME EXAMINATION 3 MICHELE DOBBS 4 BY: MR. FLOUNLACKER 3 5 6 7 e 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 Page 3 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 8 MICHELE DOBBS, called as a witness, being duly 9 sworn, testified as follows: 10 EXAMINATION I 1 BY MR. FLOUNLACKER: 12 Q Good afternoon, Ma'am. 13 A Hello. 14 Q My name is John Flounlacker, as you know, and I 15 have been quizzing your husband here this afternoon about 16 how this accident happened that gave rise to your 17 litigation, correct? 18 A Yes. 19 Q And you heard all the instructions that I gave 20 him? 21 A Yes. 22 Q You promise to follow those? 23 A Yes. 24 Q Okay. I'm going to ask you some questions now 25 limited to his testimony that he has given thus far, and Page 5 1 Q Kathy and -- what is the other one? 2 A Katelynn and Krystal. 3 Q Katelynn and Krystal. Did you hear his testimony 4 about his educational and military background? 5 A Yes. 6 Q Is that all correct and complete? 7 A Yes. 8 Q Anything to add to that? 9 A No. 10 Q Okay. Did you hear his testimony that he offered 11 regarding your house hunting plans? 12 A Yes. 13 Q And is that accurate? 14 A Yes. 15 Q And the testimony that he offered on the first 16 occasion that you visited the housing development where 17 this accident happened, did you hear that testimony? 18 A Yes. 19 Q Did you believe that was accurate and complete? 20 A Yes. 21 Q Anything that you'd like to add or change to that 22 testimony? 23 A NO. 24 Q Just an aside here, do you remember on the first 25 occasion that you and your husband were at the housing Paget -Pages HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 MICHELE L. DOBBS DECEMBER 12, 2005 Multi-Page "m Page 6 1 development having any conversation about the manhole 2 covers on the street where the accident happened? 3 A No. 4 Q Do you remember having any conversation about 5 the roadway itself or the condition of the roadway in any 6 way? 7 A No. 8 Q Okay. You heard the testimony that your husband 9 offered regarding the second occasion that you were at the 10 housing development? 11 A Correct. Yes. 12 Q And do you believe that his testimony was 13 complete and accurate? 14 A Yes. 15 Q Do you have anything that you would like to add 16 to that testimony or something that you thought your 17 husband omitted that you think is important? 18 A No. 19 Q Okay. 20 MR. CROSBY: I'll object to the form of that 21 question, but go ahead. 22 MR. FLOUNLACKER: I don't know how else to do 23 it. 24 MR. CROSBY: Just note my objection. That's all. 25 BY MR. FLOUNLACKER: Page 7 Page 8 1 A No. 2 Q You know, you're right. You only talked to 3 people on your first visit, correct? 4 A Right. 5 Q Do you remember talking to anyone on that first 6 visit about the roadway, the condition of the roadway, or 7 the manhole covers? 8 A No. 9 Q Okay. You heard the testimony your husband 10 offered about the vehicle that you were driving at the time 11 of the accident, when you got it, and how it was maintained 12 or inspected up until the time of the crash. Did you think 13 that testimony was accurate? 14 A Yes. 15 Q Did you think it was complete? 16 A Yes. 17 Q Now that we have been talking about it awhile, is 18 there anything you would like to add into any of the areas 19 that I have asked you about concerning your husband's 20 testimony that you would like to add or complement or say 21 anything about at all? 22 A No. 23 Q Do you believe your husband's testimony 24 concerning how the accident happened, do you believe that 25 was complete and accurate? Page 9 I Q Okay. Did you hear your husband's testimony 1 A Yes. 2 about the actual happening of the accident itself? Did you 2 MR. FLOUNLACKER: Okay. Thank you. 3 hear that testimony? 3 (The deposition of Terry Dobbs was resumed at 4 A Yes. 4 1:36 p.m. and concluded at 2:02 p.m.) 5 Q Did you believe that testimony was accurate and 5 BY MR. FLOUNLACKER: 6 complete? 6 Q We'll go back to her transcript now. Ma'am, 7 A Yes. 7 we're going to go back, and I'm not going to talk to you 8 Q Okay. On the second occasion that you and your 8 about the car accident. We have already talked about that 9 husband were visiting the housing development, do you 9 itself. We're going to change gears here a little bit, and 10 remember having any conversation with your husband 10 I'm going to be asking you a lot of the same stuff that 11 regarding the condition of the roadway or the manhole 11 your husband has already testified about. 12 covers or the manholes on the street where your accident 12 As I understand it, based on what I have read and 13 happened? 13 what your husband has said, that -- and I'm going to list 14 A No. 14 these. I'm going to list this as an idea to get some 15 Q No conversation like that at all? 15 parameters as to your accident-related injuries, okay? 16 A (Shakes head from side to side.) 16 A Uh-hum. 17 Q No? 17 Q As I understand it, as a consequence of this 18 A No. 18 crash you received a laceration to your lip? 19 Q When you were at the development and you were 19 A (Nods head up and down.) 20 talking to homeowners or people, real estate people, do you 20 Q You have received damage to your upper teeth, you 21 remember having any conversations with anyone regarding th e 21 have lost two lower teeth, and you have had prohlems with 22 condition of the street or the manholes or the condition of 22 TMJ; is that correct? 23 the manholes? 23 A Yes, it is. 24 A On the accident date? 24 Q Is there anything there that we've missed? 25 Q Any day that you were there? 25 A Yeah. Page 6-Page 9 Multi-Page TM MICHELE L. DOBBS DECEMBER 12, 2005 Page 10 1 Q Go ahead. 2 A I'm sorry. The other front tooth is chipped. 3 Q That's the -- hold on. 4 A This tooth, like this tooth (indicating). 5 Q Okay. You have got two in the front there, so 6 the one to the left and the one -- oh, the two front 7 teeth? 8 A Uh-hum. 9 Q And what's the matter with the one on the 10 right? 11 A On the right, that's the crack. 12 Q Okay. And what's the matter with the one on the 13 left? 14 A It's chipped. 15 Q Okay. With the addition of that left front 16 tooth, is that an accurate outline of the injuries that you 17 received in the accident? 18 A Yes. 19 Q Okay. Now, I want to go back and talk to you 20 about each of these. As you sit here now are you presently 21 experiencing physical problems as a consequence of any of 22 the injuries you received in the accident? 23 A Right this second? 24 Q Well, I mean this time in your life, the winter 25 of '05. Page 11 1 A If I -- I can't chew gum, because it aggravates 2 the TMJ. But just physical pain? 3 Q Yes. Other than the TMJ, are the other problems 4 that we've talked about causing you any physical pain or 5 discomfort now presently at this time in your life? 6 A No. 7 Q Okay. And you mentioned gum chewing. Is there 8 anything currently that you do that would cause you pain or 9 discomfort in your jaw? 10 A If I chew a lot. 11 Q Okay. 12 A Obviously the gum chewing. 13 Q Excessive chewing? 14 A Yeah, even like eating corn off the cob, or 15 yeah. 16 Q Okay. That condition or that, the way that you 17 are now with the excessive chewing causing you a problem, 18 how long has that been the case for you since the accident 19 happened? 20 A The whole time. 21 Q Okay. Was there ever a time when your TMJ was 22 worse than it is now? 23 A When I was going through all the surgeries. 24 Q Okay. And when was that in relation to when 25 the accident happened, and again the accident being June, Page 12 1 2002? 2 A Well, I believe -- when the surgeries occurred, 3 is that what you mean? 4 Q Yes. 5 A All the way up until 2004. 6 Q Okay. 7 A Or up until, some in 2004. 8 Q And then after 2004, was there a period following 9 that when your TMJ started to get better? 10 A Yes, yes. 11 Q Okay. 12 A I mean yes. 13 Q Uh-hum. And when was that? 14 A Getting better or just not hurt as bad? 15 Q I don't know. You tell me. 16 A Well, it doesn't hurt as bad because I'm not 17 going through all the surgeries and having my mouth open 18 and such and that. 19 Q And the condition that you are in now, the 20 chewing bothering you and the excessive chewing bothering 21 you, is that the plateau or level that you have reached 22 since the surgeries have taken place? 23 A Yes. 24 Q Okay. Are you currently doing anything 25 treatment-wise for your TMP Page 13 1 A The medicine that I'm on for like the arthritis 2 and such, that also helps the TMJ. 3 Q What are you taking for your arthritis? 4 A Celebrex, Chloroquine, Imuran. I think that's 5 it. 6 Q Who prescribes those for you? 7 A Dr. Ostrov. 8 Q Where is his practice located? 9 A Hershey Medical Center. 10 Q How long have you been seeing him? 11 A For the Sjogren's? 12 Q Say again. 13 A The Sjogren's? 14 Q I don't know what you mean. 15 A For -- for the Sjogren's? 16 MR. FLOUNLACKER: Is that the word you were 17 trying to say? 18 MR. DOBBS: Yes, yes. 19 THE WITNESS: Yes. It's S j-o-g-r-e-n-'-s. 20 BY MR. FLOUNLACKER: 21 Q Yeah, right. 22 A Okay. 12 years. 23 Q Okay. And what is that? 24 A It's your immune system. It goes against each 25 other. It makes you fatigued, obviously the inflammation, Page 10 - Page 13 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 MICHELE L. DOBBS Multi-Page DECEMBER 121 2005 Page 14 Page 16 1 and the dryness in your mouth and your eyes. 1 A Right. 2 Q It sounds a little like Ms. 2 Q And is it your front right? 3 A MS is much worse. 3 A Uh-hum. 4 Q And what's your treatment consist of for that, 4 Q Okay. Yes? 5 the medication? 5 A Yes. I'm sorry. 6 A Yes. 6 Q So the bottom of your front right tooth is false? 7 Q Anything else? 7 A Yes. 8 A Just resting when needed, I mean, just don't push 8 Q Okay. And what about your front left tooth? 9 too far. 9 A It's just chipped. 10 Q And are you currently taking any medication 10 Q Okay. Did that tooth also have a root canal? l i specifically prescribed for your TMJ? 11 A I believe I had two on the front right one and 12 A No. 12 then one on the left one. 13 Q Have you ever taken a medication specifically 13 Q Okay. 14 prescribed for your TMJ? 14 A I'm not sure of that. 15 A Well, in the beginning, the Pereocet. 15 Q And do you anticipate any further care or 16 Q For pain? 16 treatment for your front left tooth? 17 A Yes, for pain. 17 A Just to get the chip fixed. 18 Q Was there ever a time when you had to wear an 18 Q Okay. And what's your understanding about what 19 oral appliance? 19 they would do for that? 20 A Yes. 20 A They would somehow adhere it. 21 Q And how long did you have to wear that? 21 Q That -- 22 A I had just worn that while going through all the 22 A That was -- we were more concerned with the teeth 23 surgeries. 23 on the bottom, and then the front right tooth, I mean he 24 Q So you haven't worn one you say since 2004 24 said that he could also fix that. I'm not sure. 25 forward? 25 Q Would that be putting a veneer on it? Page 15 Page 17 1 A Right. 1 A Yes. 2 Q And you don't have any present plans to put it 2 Q A false front to the chipped tooth? 3 back on or use it again? 3 A Yes. 4 A No. 4 Q And that would be the side that you would see 5 Q Okay. No doctors told you that that you are 5 when you open your mouth? 6 aware of? 6 A Yes. 7 A Dr. Sabocheck had said that in the future I could 7 Q Okay. Do your upper teeth hurt, cause you pain? 8 need one, but until we get everything permanent in my mouth 8 A Sometimes with cold. 9 it doesn't make sense to go through and make another mold, 9 Q When you drink something cold? 10 get another appliance, only for things to change. 10 A Uh-hum. 11 Q But as you sit here now you don't have any plans 11 Q Not when it's cold outside? 12 to do that? 12 A No. 13 A No. 13 Q All right. What about your lower teeth? Your 14 Q Now, can you tell me about the treatment that you 14 husband described some of what you went through. Can you 15 got for your upper teeth? 15 tell me what you recall treatment-wise for the teeth on 16 A I had several roots canals, and then they adhered 16 your lower jaw? 17 the fake tooth to the bottom of the broken tooth. 17 A What happened is when the teeth broke, they broke 18 Q How many -- did you have -- how many teeth did 18 off the bone, so they could not just put the rod down in 19 you have root canals done for? 19 it. I didn't have enough bone on my jaw, so they had to go 20 A I believe I had two teeth that had root canals. 20 in and cut the jaw and adhere brackets to it, so then I 21 Q And then are those crowns that you have now or -- 21 screwed it in order to move the jaw up so new bone arowth 22 those are the teeth you were born with? 22 would occur. 23 A Well, the lower half of the one is just like a 23 Q And that would be raising it up? 24 putty. They just mold in and then glue it, Super Glue it. 24 A Yes. 25 Q And that's on your front? 25 Q So what you had is a key mechanism you would turn Page 14 - Page 17 Multi-Page MICHELE L_ DOBBS ' DECEMBER 12, 2005 Page 18 1 every so often? 2 A It was I think three times a day. 3 Q Three times a day, and that would gradually move 4 the appliance up? 5 A Yeah, it was in the gum. 6 Q Yes. 7 A So it would raise it, and then it would be able 8 to so that no more new bone would grow. 9 Q And how long did you wear that appliance? 10 A How long was -- 11 Q The bone -- I'm going to call it a bone 12 stimulator. How long did you do that? 13 A Actually I think it was in maybe six months, but 14 then they had to go in and surgically remove it. 15 Q Was that at a dentist's office? 16 A That was at an oral surgeon's. 17 Q Were you under general, were you unconscious, 18 general anesthesia? 19 A I was unconscious, not -- yeah. 20 Q Okay. So you had that device in your mouth for 21 six months, and then it was surgically removed? 22 A Yes. 23 Q And then what happened? 24 A Then I had to go through to have each of the 25 bases of the implants in. You had to have a surgery for Page 19 1 each of those. 2 Q Those are what we see now when you smile? 3 A No. That's below the gum line. 4 Q Okay. 5 A These are like the toppers. 6 Q It's a good name. 7 A I don't know if that's the actual. 8 Q So after -- in laymen's terms after you had grown 9 sufficient new bone, there were bases put into the new 10 bone? 11 A Right. 12 Q And that required surgery? 13 A Yes. 14 Q How long after you had the appliance removed did 15 that surgery take place? 16 A There was a waiting time. It was like you had 17 the appliance in for six months, and then you had to wait 18 after it was taken out for maybe four months, and then you 19 could go in and have the next step done. 20 Q Did you do that? 21 A Yeah. 22 Q That would have taken you up to mid 2003? 23 A Yeah. 24 Q And is that when you developed the infection? 25 A I'm not sure of the exact -- Page 20 1 Q He told me -- 2 A Yes, I'm not sure of the exact month or time. 3 Q But was that the procedure that you were doing 4 that had the infection? 5 A It was all the procedures lumped. 6 Q Okay. 7 A I just was getting infections. 8 Q I'll skip that. We'll get back to it. So they 9 put the bone stimulator in, and this was removed, and then 10 you waited a period of months to have the foundation put in 11 for your new toppers? 12 A Uh-hum. 13 Q We'll call them toppers. 14 A Okay. Yes. 15 Q And then how long after that surgery was it till 16 the toppers were put in? 17 A It was the wait time. It was approximately six 18 months between each. 19 Q Okay. 20 A I could be off, but it was -- it had wait time to 21 heal and for it to adhere to the bone. 22 Q And is that the last surgical procedure you had 23 for your jaw, putting in the toppers? 24 A Yes. 25 Q And what's your understanding about what remains Page 21 1 to be done for that part of your mouth, your lower jaw? 2 A The implant teeth will just go on top of those. 3 Q Crowns? 4 A Yes. 5 Q And is that what's expected to cost approximately 6 $5,000? 7 A I believe the whole thing all together is costing 8 55,000, the broken tooth in the front and the bottom teeth. 9 Q All right. So as I understand, for your mouth 10 and what remains to be done is two crowns or your lower 11 jaw, and then a -- forgive this, but a false front for your 12 front left tooth? 13 A Front right. 14 Q Front right, front right tooth. Any other 15 surgery or any other dental work that you -- 16 A I'm not sure what they're doing with the left 17 tooth. 18 Q On the top? 19 A Yes. 20 Q Okay. All right. So a false front for the upper 21 right, crowns for the bottom two, and then the left upper, 22 you say you're not sure what's to be done there? 23 A No. 24 Q What's your understanding about what the 25 possibilities might included for your left front? Page 18 - Page 21 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 MICHELE L. DOBBS DECEMBER 12, 2005 Multi-Page, M Page 22 1 A I thought they were going to put like a fake 2 tooth over top or fill it in with -- I'm not sure. 3 Q Okay. Other than -- and I'll just abbreviate it 4 to say other than the two say false fronts for your upper 5 two teeth and the two crowns for your bottom teeth, are you 6 aware of any other further medical care that you might 7 require for your mouth or teeth? 8 A Just if -- just the TMJ. 9 Q Okay. And it's your understanding that as a 10 consequence of some of this prospective future dental care 11 it might aggravate your TMJ? 12 A Yes, just even without the dental care, I was 13 under the assumption that it could -- the TMJ could flare 14 up. 15 Q Okay. And what were you told as to the possible 16 cause for why that might flare up? 17 A I don't know if I was told a cause. 18 Q Well, were you given instructions about things to 19 avoid or not do because of your TMJ? 20 A The chewing aspect. 21 Q Okay. Other than the chewing or excessive 22 chewing, have there been any other warnings given to you 23 regarding potential things that might cause your TMJ to 24 flare up? 25 A No, no, not that I know of. Page 23 1 Q Okay. And other than what you have described for 2 me with the gum chewing and the eating of corn on the cob, 3 are there any things that you do on some sort of basis that 4 trigger a problem with your TMJ? 5 A Just sometimes chewing, just the chewing movement 6 in general. 7 Q Just the up and down? 8 A (Nods head up and down.) 9 Q Aside from the chewing is there anything else 10 that you do or things that could happen that cause a 11 flare-up of problems with your TMJ? 12 A No, not that I know of. 13 Q Okay. Now, on the occasions when your chewing 14 does cause you a problem, what do you do for it? 15 A Take Tylenol, Motrin. 16 Q And does that usually do the trick? 17 A And that -- yes, that's if it's bad. I mean 18 usually I don't want to take any excess, extra medicine. 19 Q Did they give you any exercise to help? Do you 20 do anything like this (indicating)? 21 A No. 22 Q Nothing like that? 23 A No. 24 Q How often are you taking Motrin or something like 25 that on account of your TMJ? Page 24 1 A It can vary. I mean I don't know if I -- I don't 2 -- it varies. 3 Q What are the ranges? 4 A I'm sorry? 5 Q What are the ranges? How does it vary? What's a 6 lot and what's a little? 7 A If I'm doing a lot of chewing obviously it's 8 going to aggravate it and then I would, but the Motrin and 9 Tylenol are the last, the last resort. 10 Q And that helps you? 11 A Yes, it does. 12 Q Other than that, are there any other current 13 problems that you experience physical or pain-wise because 14 of the injuries that you received in the accident? 15 A No. 16 Q And I believe we discussed what your potential 17 future medical care may include. Now that we have talked, 18 anything else that you can think of now that we have been 19 talking about it for awhile that might be included in with 20 what we have already discussed? 21 A Not that I know of. 22 Q Do you work? 23 A I do. 24 Q What do you do? 25 A I'm a nursing assistant. Page 25 1 Q Where at? 2 A At New Cumberland Army Health Clinic. 3 Q How long have you been there? 4 A Four and a half years. 5 Q What is it? What do you do? 6 A A nursing assistant. I screen in the patients, 7 get them ready to see the doctor, do any wrapping or 8 anything if they need splinting or anything. 9 Q Do you have a regular shift? 10 A Yes, 7:30 until 4:00. 11 MR. DOBBS: Must be nice. 12 BY MR. FLOUNLACKER: 13 Q I was going to say. Monday through Friday? 14 A Monday through Friday. 15 Q What was your rate of pay when the accident 16 happened? 17 A A GS-4, Step 1. I don't know. I don't know the 18 actua l rate, but I know that's where I was. 19 Q What are you now? 20 A A GS-4, Step 4. 21 Q And what's your rate of pay now'? You don't 22 know? 23 A I don't know. 24 Q Come on. 25 A It automatically gets deposited. Page 22 - Page 25 Multi-Page`7" WCHELE L. DOBBS DECEMBER 12, zoos Page 26 1 MR. FLOUNLACKER: What is it? 2 MR. DOBBS: She is like 13.49 an hour now. And 3 back at the time of the accident I want to say she was like 4 11.99 an hour or something. 5 BY MR. FLOUNLACKER: .6 Q All right. Sound good to you? 7 A It works. 8 MR. DOBBS: 1 do the bills, so she just knows she 9 got a paycheck. 10 BY MR. FLOUNLACKER: 11 Q I can always tell who does what. I can always 12 tell. Have you -- the steps that you have gone up, have 13 you -- let me just put it this way. Have any of the 14 injuries that you received in this accident impacted on 15 your progression at work? 16 A Yes, it has. 17 Q How has it impacted? 18 A Because of my time off and my leave without pay, 19 it sets back my date that I -- like I started in June, and 20 from all my time off it sets back all my evaluations and 21 everything, so now I think I'm in October. 22 Q All right. June, July, August, September. So 23 that's knocked you about -- what, about three or four 24 months? 25 A Yes. Page 27 Page 28 1 do that? 2 A He's on St. Johns Road. He's the only -- he's 3 the only doctor in this area that's specializes with these 4 implants. 5 MR. DOBBS: I think I know his name now. Isn't 6 it Dr. Miller, or is that the other guy? 7 MR. FLOUNLACKER: Dr. Miller? 8 MR. DOBBS: Yes. That's who it is. 9 BY MR. FLOUNLACKER: 10 Q Okay. So other than Dr. Miller -- Dr. Miller is 11 the doctor who is going to do all of your future dental 12 care? 13 A He doesn't -- he only deals with implants and 14 prosthetic, I guess, teeth. He don't do anything with the 15 TMJs or anything. 16 Q Right. And then assuming -- but assuming you 17 don't have a problem with your TMJ, all the other stuff 18 would be done by Dr. Miller? 19 A Yes. 20 Q And who do you see for TMJ? 21 A I guess I would go back to see Dr. Sabocheck. 22 Q So as you sit here today in terms of your future 23 medical care, it's either going to come from Dr. Miller, 24 assuming he's right, and Dr. Sabocheck? 25 A (Nods head up and down.) Page 29 1 Q Okay. Any other way? 1 Q Yes? 2 A No. 2 A Yes. I'm sorry. 3 Q Nobody has ever said Ms. Dobbs isn't doing her 3 Q Now that we have been talking about it awhile, 4 job or any kind of memos or anything like that in your 4 are you aware of any other future medical care that you may 5 jacket? 5 require as a consequence of injuries you have received in 6 A No. 6 this accident? 7 Q So it's been purely a function of your lost time 7 A No. 8 from work affecting your review date? 8 Q Do you believe your husband did anything wrong in 9 A Yes, and my pay. 9 connection with causing this accident? 10 Q And pushing you back? 10 A No. 11 A Yeah. 11 Q Why did you sue him? 12 Q Your review date is synonymous then typically 12 MR. CROSBY: Objection, and I'm going to instruct 13 with an increase in pay, correct? 13 her not to answer that. It calls for a legal conclusion. 14 A Right. 14 She's a non-lawyer. 15 Q So that's what you mean by that? 15 MR. FLOUNLACKER: 1 don't think under the new 16 A Yes. 16 rules that's a bona fide objection. 17 Q Any other way that this has affected, aside from 17 MR. CROSBY: That's my objection. What new 18 the time lost from work and the bumping back of your review 18 rules? What are you talking about? 19 date in the way that we have described it, have the 19 MR. FLOUNL.ACKER: i think if we get the 20 injuries affected your job or ability to do your work in 20 Pennsylvania rules out, I don't think a legal conclusion is 21 any other way? 21 a basis to instruct a witness not to answer a question. 22 A Not that I know of. 22 I'm not kidding around. I really believe that. 23 Q Okay. Regarding the future medical care, the -- 23 MR. CROSBY: To the extent that her answer 24 I'm going to butcher this, but the false front for the two 24 involves any communication that we may have had -- 25 front teeth and the crowns for the lower, who is going to 25 MR. FLOUNLACKER: Oh, I wouldn't want that. Page 26 - Page 29 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 MICHELE L. DOBBS Multi-Page' DECEMBER 12, 2005 Page 30 1 MR. CROSBY: -- I'm going to object. My 2 objection as far as a legal conclusion stands, and she can 3 answer it to the best of her ability. 4 BY MR. FLOUNLACKER: 5 Q You know what, that's lawyer talk. As you sit 6 here now, and I think this might satisfy your concern, as 7 you sit here now can you think of anything that your 8 husband did wrong in terms of driving the car on the date 9 of the accident that gave rise to causing this accident? 10 A No. 11 MR. CROSBY: That's fine. 12 BY MR. FLOUNLACKER: 13 Q Yes. And that would include all the things that 14 I discussed with him, driving too fast, not keeping a 15 proper lookout, or speeding inside the development, you 16 don't think he did any of those things? 17 A No. 18 MR. FLOUNLACKER: Thank you, Ma'am. I have no 19 further questions. 20 MS. STOMBAUGH: I have no questions. 21 (The deposition was concluded at 2:29 p.m.) 22 23 24 25 Page 31 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 Michele Dobbs. 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questions 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 29th day of December, 2005. 24 25 Diane F. Foltz, RMR Page 30-Page 31 t,?Opj?- e? A j MICHELE L. DOBBS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 2004-2338 : CIVIL ACTION - LAW TERRY A. DOBBS AND AFFORDABLE BUILDING & CONSTRUCTION CO., DEFENDANTS JURY TRIAL DEMANDED DEPOSITION OF: TERRY A. DOBBS TAKEN BY: DEFENDANT AFFORDABLE BUILDING & CONSTRUCTION CO. BEFORE: DIANE F. FOLTZ, RMR NOTARY PUBLIC DATE: DECEMBER 12, 2005, 11:55 A.M. PLACE: HANDLER, HENNING & ROSENBERG* LLP 1,300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: HANDLER, HENNING & ROSENBERG, LLP BY: MATTHEW S. CROSBY, ESQUIRE FOR - PLAINTIFF MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: AMANDA.STOMBAUGH, ESQUIRE FOR - DEFENDANT TERRY A. DOBBS THOMAS, THOMAS & HAFER, LLP BY: JOHN FLOUNLACKER, ESQUIRE FOR - DEFENDANT AFFORDABLE BUILDING & CONSTRUCTION CO. ALSO PRESENT: MICHELE L. DOBBS • law. ...... ----- 2080 Linglestown Road • Suite 103 • Harrisburg, PA EXHIBIT B 717 rs4n n7?-n 0 Fax 717.540.0221 0 Lancaster 717.39_ Multi-Page"" 1 hKK T A. 11Vt$.0b DECEMBER 12, 2005 1 WITNESSES 2 NAME EXAMINATION 3 TERRY A. DOBBS 4 BY: MR. FLoUNLACKER 3 5 6 7 e 9 10 11 12 EXHIBITS 13 14 TERRY DOBBS DEPOSITION EXHIBIT PRODUCED AND MARKED 15 1. DRAWING 39 16 2. PHOTOGRAPH 39 17 3. PHOTOGRAPH 39 18 4. PHOTOGRAPH 39 19 5. PHOTOGRAPH 39 20 6. PHOTOGRAPH 39 21 22 23 24 25 Page 3 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 8 TERRY A. DOBBS, called as a witness, being duly 9 swom, testified as follows: 10 EXAMINATION 11 BY MR. FLOUNLACKER: 12 Q Sir, would you state your name for the record, 13 please? 14 A Terry Allen Dobbs. 15 Q And where do you live? 16 A 4804 Brian Road, Mechanicsburg, PA, 17050. 17 Q Sir, we're here to take your deposition in 18 connection with a lawsuit that your wife has filed, and let 19 me go over some general ground rules with you. 20 A Okay. 21 Q As you can see everything we're saying is being 22 taken down by a court reporter, so it's real important you 23 keep your responses verbal, no uh-huhs, huh-uhs or 24 shrugging your shoulders or anything of that stuff, okay? ?25 A Right. Page 4 1 Q If you lapse, somebody in here will remind you, 2 and don't take it personally. We just want this record to 3 be clear. 4 A Okay. 5 Q If you don't understand any of my questions, 6 don't answer them. Tell me that you're unsure for some 7 reason, and I'll try to make it more clear for you, 8 okay? 9 A Okay. 10 Q No one wants you to guess at any of your answers 11 to any of my questions, and if you don't know, just tell me 12 you don't know, okay? 13 A Okay. 14 Q All right. These things have away of going from 15 one subject to another, hop from one area to another, and 16 yours probably will, too. If we do that and you think 17 about something that we have already discussed and you want 18 to go back and add or change something to something you 19 have already testified about, please feel free to pipe up 20 at any time and do that, okay? 21 A Okay. 22 Q Another thing is please allow me to finish asking 23 a question before you offer an answer, and please don't let 24 me cut you off when you're offering your answer, okay? 25 A Okay. Page 2 Page 5 1 Q I'm not saying we're going to be pushy with one 2 another, but sometimes you'll be thinking and you'll be 3 quiet, and I don't know whether you are waiting for another 4 question or you're just thinking about something additional 5 you'd like to say, so if you're ever not finished, just 6 feel free and tell me, all right? 7 A All right. 8 Q Okay. How long have you lived at that address 9 you just gave me? 10 A Since we -- we bought our house in October of 11 2003. We actually moved in in October of 2003. 12 Q Where did you live before that? 13 A 6280 Carlisle Pike, Lot No. 523, Mechanicsburg, 14 PA, 17050- 15 Q How long did you live at the Carlisle Pike 16 address? 17 A Well, my family moved into it while I was in 18 basic training which would have been February, March 19 timeframe of '93, and we sold it in April, May timeframe of 20 2003. 21 Q Go ahead. 22 A During that period of a gap because you'll see 23 there's a gap in there from April, May, '03. Between when 24 we moved into our new house in October of '03 we stayed 25 with Michele's mother. rage rage r.r%T T7 1.T A'T A T r. -71 '7 cwn_n1)1)1%1-71'7_2o2_S1 ni DECEMBER 12, 2005 1ViLL1L1 1 "r Page 6 1 Q Okay. That's fair. That Carlisle Pike address 2 is where you were living when this accident happened? 3 A Correct. 4 Q Okay. And where were you living before the 5 Carlisle Pike address? 6 A We lived in Lemoyne for approximately six months, 7 seven months. 8 Q Is that right after you got married? 9 A Actually before we got married, right out of high 10 school, that's when we moved into that. 11 Q And what address was that? 12 A 301 Apple Street, Apartment 3, Lemoyne. I'm not 13 sure on the Zip. 17043 maybe. I'm not a hundred percent 14 sure on the Zip. 15 Q So the last three addresses that you have given 16 me are all the places that you and your wife have lived 17 since you were married and a little bit before? 18 A Yes. 19 Q All right. And could I have your age and your 20 date of birth? 21 A I'm currently 31, and February 4th, 1974. 22 Q That's your wife there? 23 A Correct. 24 Q And what's her name? 25 A Michele Lynn Dobbs, Michele with one L. Page 7 1 Q Kids? 2 A Two. 3 Q Their names and their ages? 4 A Katelynn Dobbs, she's 13, and Krystal Dobbs, 5 she's 12, both of those with K's, Krystal and Katelynn. 6 Q Is that right? My wife's name is Konnie, and 7 hers is with a K, too, so we're always making those 8 corrections. Were you married before? 9 A No. 10 Q Can you give me a rundown of your educational 11 background? 12 A High school diploma and some college through the 13 Community College of the Air Force. I do not have a degree 114 yet or anything. I'm working towards it. 15 Q Where did you graduate high school? 16 A Cumberland Valley High School. 17 Q CV. What year? 18 A '92. 19 Q You are obviously in the military? 20 A Correct. I Q «11at hrancl; of thc, mi;iturti an. you in? 22 A Pennsylvania Air National Guard, United States 23 Air Force. 24 Q When did you enlist? 25 A January of '93. Page 8 1 Q So it was right after high school? 2 A Six months after. 3 Q Yes. 4 A The following January. 5 Q Did you have any sort of jobs between the time 6 that you graduated high school and before enlisting in the 7 National Guard? 8 A Different security type jobs. To try to put them 9 in order, oh, I worked for Hills Department Store as a 10 security guard. 1 worked for Security, Security Guards, 11 Incorporated, I believe, a private security company. Yeah. 12 I was working for Hills, because I took a leave of absence 13 to go through basic and tech school, so Hills on Simpson 14 Ferry Road in Camp Hill, that's where I was working at the 15 time. 16 Q And where are you stationed now? 17 A Down at Harrisburg International Airport, the 18 193rd Special Operations Wing. 19 Q How long have you been there? 20 A My entire military carrier, it will be 13 years 21 in January. 22 Q And what is your job there? 23 A Security forces, Air Force equivalent of the 24 military police. 25 Q And you are a sergeant? Page 9 1 A Staff sergeant. 2 Q You say you have got some schooling since you 3 have been in the military? 4 A All through correspondence courses, all through 5 -- all going towards my degree, my Associates Degree 6 through the Community College of the Air Force. 7 Q And what's that? Do you have a designation for 8 your degree yet? 9 A It will be an Associates Degree in Applied 10 Science with an emphasis on criminal justice. 11 Q And do you have any present plans to leave the 12 military? 13 A Not until I retire. 14 Q When do you anticipate that? 15 A December of 2017. 16 Q Everybody knows that date. 17 A 12 years. 18 Q Did you ever have any training or background or 19 experience any facet of accident investigation or 20 reconstruction? That's a big question. 1 :L 1'?rsonaily cxpCriL;nc;C, 110110 that I went to any. 22 type of official training on it. We have had military 23 classes on, you know, if there's an accident on base, you 24 know, how to fill out the proper -- the military forms, how 25 to fill out the forms and write, draw diagrams and little Multi-Page `"` TERRY A. DOBBS DECEMBER 12, 2005 Page 10 1 maps, that kind of stuff, and I have seen actual accident 2 reconstructionists reconstruct accidents. 3 Q And so then you are aware of the difference 4 between an accident investigation and an accident 5 reconstruction? 6 A Yes. 7 Q Okay. And your work that you have just described 8 for me, it's been related to accident investigation as 9 opposed to you doing accident reconstruction? 10 A Correct, accident investigation. 11 Q And the accident investigation work that you have 12 done or have had experience with has been dealing with 13 accidents that might have occurred at your work? 14 A Correct. 15 Q At the airport? 16 A Correct, at the airport, or let me add to that, I 17 may be deployed, and so depending on where I'm at, anywhere 18 in the world if there's an accident -- 19 Q Right. 20 A - I would investigate it there, so it doesn't 21 necessarily have to be down at the airport. 22 Q And whatever you would have learned at the 23 airport, you'd use wherever it is you wound up -- 24 A Right. 25 Q -- and had to investigate an accident? Page I 1 1 A Correct. 2 Q And that investigation that you do at the airport 3 would concern itself with military vehicles? 4 A Or civilian, either or. We have military versus 5 military, military versus POB. POB is traveling in the 6 buildings, just the whole gamut. It can be a civilian 7 wreck in their own car coming to work. It could be a 8 government employee driving a government vehicle wrecking 9 into a plane. We have seen it all down there. 10 Q And in the course of your accident investigation 11 at the airport, have you ever investigated accidents 12 involving vehicles where they have either bottomed out or 13 struck something underneath them because of something on 14 the roadway or something like that? 15 A No, I don't recall anything like that. 16 Q Undercarriage damage? 17 A No. 18 Q Speed bumps hits, potholes? 19 A No. 20 Q Anything like that? 21 A No. 22 Q All right. Have you had any training or work or 23 experience in any facet of the insurance industry? 24 A No. 25 Q Now, this accident happened in June of 2002, Page 12 1 correct? 2 A Correct. 3 Q Okay. At that time what were your duties at the 4 airport? 5 A June of 2002? I was not full time. I was not -- 6 now wait. Let me -- is that correct? Yes, I was. I'm 7 sorry. I was full time. In '99 is when I got hired 8 permanent, so yes, still military police, the same. 9 Q Down at the airport? 10 A Yeah, down at the airport, our duties would 11 pretty much close access to the base, entry control, access 12 to our airplanes, and that's pretty much it in a nutshell. 13 We just guard our entire compound, prevent anybody from 14 coming in that shouldn't be in. 15 Q Do you work a regular shift? 16 A We worked a 24/7 operation, so it just depends on 17 any given time, you know. Back then I might have been on 18 midnight shift. I don't recall. 19 Q Did you have a long stint when you were working 20 third shift? 21 A Yeah, I was probably still working third shift. 22 Q In June of 2002? 23 A I can't confirm a hundred percent if I was on 24 third shift at that time because I just got home. I was 25 deployed to Florida for three months. I just got home Page 13 1 from Florida the first week of June, so I don't know where 2 they had me assigned. I night have been going into a 3 midnight shift, but for that week or two until they got me 4 back, and that's why we were house hunting, because I just 5 got back from my trip. 6 Q You had returned from a detail in Florida? 7 A Right, correct. 8 Q Now, what was your rank then? 9 A The same rank, staff sergeant. 10 Q And how long have you had that rank? 11 A October 1st of ' 9 8 is when I put that on. 12 Q Have you ever been involved in an accident on the 13 job, vehicle accident? 14 A As far as driving a vehicle and wrecking a 15 vehicle, I don't think I have. 16 Q Okay. 17 A There has been like damage to vehicles because we 18 carry weapons and if you lean up against a vehicle, you 19 just scratch the vehicle, they consider that like a vehicle 20 accident. 21 Q I mean like a moving thing, a moving -- 22 A No, I never, no. 23 Q Okay. So as I understand what you told me a 24 little while ago, you had a temporary detail down in 25 Florida -- Page 10 - Page 13 _ ?.. _? .. .. ? ? , .., ??... ?.. ?.: ..,.-. ? . • T • t r 17 1 rr c • n n n n n i.r'V 'y 1 !1'1 c 1 n t . ar - a A - a v %+ * IVALLAL1 1 C%L, DECEMBER 12, 2005 Page 14 Page 16 1 A Uh-hum. 1 A No, nothing add-on. It was strictly the way we 2 Q -- for a period of time, and then you returned to 2 bought it was the way we were driving it. 3 Pennsylvania? 3 Q Right. Where did you buy it? 4 A Correct. 4 A Freysinger Hyundai. 5 Q And that would have been sometime in June of 5 Q Where are they located? 6 2002? 6 A On the Carlisle Pike in Mechanicsburg. 7 A Yes, I was in Florida March, April and May, that 7 Q And where did you get that car inspected? 8 90-day period, and then I came home. 8 A That's a good question. I can't say for sure 9 Q What for? 9 that every time it went to Freysinger Hyundai, but for the 10 A They needed cops down there because all their 10 majority of the time we have our vehicles, because we buy 11 cops were over in Afghanistan. 11 them new, serviced and stuff at the dealerships, but it's 12 Q Uh-hum. And then had you been house hunting 12 not to say every year I had it there, because I know 13 prior to being detailed to Florida for that three-month 13 sometimes I would see a coupon, I can get it inspected for 14 hitch? 14 9 bucks here, and I would take it to a different place. 15 A Yes. I think we started our house hunting 15 Q You would have had it inspected twice before this 16 process -- wow, I think the very first time we really 16 wreck? 17 seriously started talking about it was 2000. Sometime in 17 A Yeah, I bought it in October. I think I had it 18 the year 2000, we started looking at it, but then we had 18 inspected once during 2001 to line up with my license plate 19 to get our financial affairs in order, and it was just 19 back then. 20 kind of our Sunday ritual. Every Sunday we'd get the 20 Q Right. 21 paper, see where there were open houses, and let's go check 21 A So then I had it again inspected again in 2002. 22 them out. 22 Q All right. So that would be twice and -- 23 Q Now, the Carlisle Pike address that you gave me, 23 A Uh-hum. 24 were you renting there? 24 Q And with saying that, does that refresh your 25 A Mobile home, we owned the mobile home. We paid 25 memory as to whether it would be both inspections would Page 15 Page 17 1 lot rent for where it was setting but... 2 Q You owned the house, and you rented the ground? 3 A Right, rent the lot space. 4 Q And the house hunting that you were doing 5 starting in around 2000, were you looking for a single 6 family home? 7 A Correct. 8 Q All right. You were driving a Hyundai when this 9 accident happened? 10 A Correct. 11 Q What year is it? 12 A 2000. 13 Q What year did you buy it? 14 A 2000. 15 Q Bought it brand new? 16 A Correct. 17 Q What kind was it? 18 A Elantra. 19 Q Any troubles with that car after you bought it 20 until the accident happened? 1 °, No troubics at all until the accident. 22 Q Currently inspected when you had this accident? 23 A Correct. 24 Q Was the vehicle stock when you were driving it, 25 any after-market add-ons, tire, suspension? 1 have taken place at Freysinger? 2 A I honestly can't tell you where they were done. 3 Q Regardless of where you had it inspected, do you 4 ever recall the vehicle needing anything as a consequence 5 of those two prior inspections? 6 A The only thing I can recall any of my new 7 vehicles needing has been a light bulb. A bulb burnt out. 8 I can't think of anything other than a light bulb. 9 Q How many miles do you believe were on it at the 10 time you had the accident? 11 A Wow. I honestly -- I couldn't even tell you. 12 I'm sure it was more than what you would normally drive in 13 a car, so whatever that is, 12 to 15,000 a miles a year, 14 I'm sure it was more than that, because we had that car to 15 Florida and back driving it, so I honestly couldn't tell 16 you. Probably -- definitely somewhere in that range. 17 Q Yeah. Did you have any accidents with it prior 18 to the one that we're here to talk about today? 19 A No. 20 Q Any problems with the air hags after you hought 2i II and prior to LIKS crash'' 22 A No. 23 Q Did you know the car had air bags? 24 A Yes. 25 Q Who was the principal driver of that car? Multi-Page " 'FEKKY A. UU13BS DECEMBER 123 2005 Page 18 1 A I'm backtracking through all my vehicles, because 2 Michele would always get the new car. I would say that was 3 hers. It was her vehicle, yeah, because I had the Contour, 4 so yeah, she had -- she was the principal driver of it 5 Monday through Friday. Like going to work she'd take that. 6 I took the Ford Contour. 7 Q You had the Contour and you had the Hyundai. Did 8 you own any other cars? 9 A That's it, those two. 10 Q Do you know the name of the housing development 11 where this accident happened? 12 A Only from what I heard in here today. 13 Q What was that? 14 A I didn't know going down there what it was. 15 Grandview, Grandview Estates. I don't recall exactly what 16 he said. 17 Q Okay. We'll just call it Grandview Estates. 18 A Okay. 19 Q How did you learn that there were houses for sale 20 in there? 21 A In the paper, there was an ad in the paper that 22 said trade your mobile home in on a brand-new house, and 23 that's how we saw it. 24 Q Is that something you read before or after you 25 came back from Florida? Page 19 Page 21 1 A Before. We were in that same development prior 1 Q Okay. 2 to this accident. 2 A I'm really thinking it might have even been 3 Q Uh-hum. And other than the newspaper 3 before 9/11 happened. 4 advertisement, were you made aware of the development any 4 Q All right. And when you say January or February, 5 other way? 5 January or February of '02? 6 A No, just that advertisement, that's how we found 6 A '02. 7 it. 7 Q Okay. What car were you driving when you went on 8 Q What paper was that in? 8 that first occasion? 9 A Patriot, Patriot-News. 9 A I don't recall. I can't tell you for sure which 10 Q Sunday? 10 one it was. 11 A Sunday, probably. Sometimes we'd get like the 11 Q Could it -- 12 weekly paper, but for the most part we religiously got the 12 A I would say it probably would have been the 13 Sunday paper, and that's where we would get our information 13 Hyundai if I had to take a best educated guess, because 14 on where we were going to go look at houses. 14 that was the rule of thumb. We would take -- as a family 15 Q Okay. Just you and your wife going over to look 15 we would take the new car. 16 at it? 16 Q Right, makes sense. At that time was it still 17 A Which time? 17 you owned the Hyundai and the Contour? 18 Q Well, how many times were you there before the 18 A Yeah. 19 accident? 19 Q Okay. You didn't own any other cars then? 20 A One time prior to the accident. 20 A No. 21 Q Okay. 21 Q Okay. Do you remember when you went the first 22 A I do not recall -- actually I think the children 22 time whether it was a weekday or a weekend? 23 were with us the first time, because I think we took them 23 A The first time I honestly -- I don't recall, 24 into that house. I'm pretty sure. I think the children 24 because I remember we met with the people. We met with -- 25 were. Some home open houses they were with us. Some they 25 we went into one of the houses. They actually walked us Page 20 1 didn't feel like going, so they stayed with grandma. It 2 was hit or miss depending if they were actually with us or 3 not. 4 Q Yeah, that's a drag sometimes taking kids. 5 A Yeah. 6 Q This time was June, 2002, is when you had the 7 accident. 8 A Uh-hum. 9 Q How far before that was it when you were there 10 with your wife for the first time? 11 A You know, I honestly don't recall. I couldn't 12 even tell you. Well, I know I was gone March, April and 13 May, so I don't know if it was even in 2002, or it could 14 have been back in 2001. I honestly don't recall. 15 Q Okay. It could have been quite awhile? 16 A It could have been, yeah, because after 9/11 17 happened I didn't do nothing. I was at work a lot of 18 time. 19 Q I was wondering how that would affect you. 20 A Yeah. 21 Q Okay. So it could have been a period of weeks or 22 even months? 23 A Oh, absolutely. It was definitely months, 24 because I was gone for three months. I honestly believe if 25 at all it had to be like in January or maybe February. rage 18 - rage 21 ????...? • ?TihrTm TAT Tr'f 1T a", ? T T ^/1 IF CAft finn1%1171 r/ 1 nZ_C1 Al is ---1 11. YvLLV 1VXU161-'rage DECEMBER 12, 2005 Page 22 Page 24 1 around. I don't remember if we called and made an 1 A Yes. 2 appointment and went down one day after work -- 2 Q -- but is what you are trying to show depicted in 3 Q Right. 3 either of those two photographs, this Fisher 1 or 2? 4 A -- or if it was just strictly open house and we 4 A No. It would have been like farther this way 5 just showed up. I don't recall. 5 (indicating), over here. 6 Q So this development could have afforded you 6 Q All right. So this -- just for the perspective 7 either an appointment or just an open house? When that was 7 of this photograph -- 8 open you would go see it? 8 A Uh-hum. 9 A Yeah, I don't recall specifically how we ended up 9 Q -- where you went to look at the open house was 10 there that day, if it was they knew we were coming or let's 10 in the foreground? I 1 just go check it out. 11 A Right. 12 Q How many streets were inside the development? 12 Q Not depicted in this, so it was -- 13 A Just one. 13 A Correct. 14 Q All right. Do you have a pen on you? 14 Q So it was somewhere before the view depicted in 15 A Uh-hum. 15 Fisher No. 1? 16 Q Matt, may I see these pictures here? Maybe it's 16 A Correct. 17 in here. Maybe I have got them here. All right. Don't do 17 Q And just for my sake, can you put a star at 18 anything yet. 18 either end of this diagram depicting the view as shown in 19 A Okay. 19 Fisher No. 1? 20 Q I'm showing you two pictures. These were 20 A Okay, to depict this view? 21 Mr. Fisher Exhibit 1 and 2. 21 Q Yes. Is this -- 22 A Uh-hum. 22 A Okay. 23 Q These stickers here, I'll show you something. 23 Q Is this at this end of the picture or this end of 24 See where it says Fisher 1? 24 the picture? 25 A Correct. 25 A This end is right there (indicating), so if I was 1 Q That's how this picture is known. 2 A Okay. 3 Q And there's Fisher 2, and that's how this picture 4 is known. 5 A Correct. 6 Q The manhole that's depicted in Fisher 1, is that 7 the one you believe you had the accident with? 8 A Correct. 9 Q Okay. What I'd like you to do is to draw a 10 little diagram for me here and show on that diagram this 11 roadway as depicted in Fisher No. 1 and the last road that 12 you were on prior to getting on the roadway as depicted in 13 Fisher No. 1, and then also leave room to note where the 14 manhole is. 15 A Okay. (Drawing.) Do you want me to put the 16 manhole cover in there? 17 Q Yes. What I'd like you to do is just with your 18 finger for right now, can you show me either the house that 19 you went into or the open house that you attended on the 20 first occasion to this road? i -1 It would iiavc veil -- lit MC draw this a I1ttll: 22 bit longer here, but it would have been right in this area 23 past the manhole cover (indicating). 24 Q All right. And is that shown -- it's depending 25 on your point of view -- 1 the cameraman, I would have been standing right here 2 (marking). That would have been the cameraman taking a 3 picture of the manhole cover out to I believe Midway. I 4 don't remember the name of that road, but that's -- 5 Q Do you see this telephone pole? 6 A Uh-hum. 7 Q Can you put the telephone pole that's depicted in 8 Fisher No. 1 on this diagram you are drawing? 9 A It looks like it's right about here (marking). 10 It's on the opposite side of Midway. 11 Q Okay. Is this Midway? 12 A That's Midway. 13 Q Can you note that on there, please? 14 A Okay (marking). And that's assuming that's the 15 name of that. I don't know for sure that's the correct 16 name. I'm just going off of the other testimony. 17 Q Uh-hum. Put the telephone pole so we don't 18 forget that. 19 A Okay. (Marking.) Okay. 20 Q What's name of this road? 21 A worth Cast Drivu. 22 Q Can you write that on there? 23 A (Marking.) And don't quote me. I'm not sure if 24 it's North Crest Drive, North Crest Road, Street. I'm just 25 getting that information off of what I'm hearing. There Multi-Page' TERRY A. DOBBS DECEMBER 12, 2005 Page 26 1 was no street signs at that time for me to know a hundred 2 percent that's the name of it. 3 Q Okay. I think Mr. Fisher testified this road was 4 about 20 feet -- 28 feet wide. Does that jive with your 5 recollection of the width of the roadway? 6 A That seems legitimate. You know, I didn't have a 7 tape measure out there, but looking at -- I know there were 8 cars on either side of the road, and I drove through the 9 center of it. 10 Q Now, this manhole depicted in Fisher No. 1 looks 11 to be about the center of the roadway which is about where 12 you have it here in your diagram? 13 A Uh-hum. 14 Q Is that what you are intending to show? 15 A Yes, correct. 16 Q Okay. Now, on the first occasion that you went 17 out there to this development, can you put your finger on 18 that diagram that you are drawing as to the location of the 19 property that you visited? 20 A It was -- it would have been in here somewhere 21 (indicating). 22 Q Can you just put like say a No. 1 with a circle 23 around it? 24 A Okay. (Marking.) 25 Q And that could have been an open house? Page 27 1 A I think the people that showed us the house, that 2 was -- I think it was their house. They lived in that 3 house, but they had like -- they worked out of their house, 4 and then they actually took us from their house after we 5 sat down at their dining room table and talked. Then they 6 took us, and we walked this direction (indicating). We 7 walked towards Midway, and they actually took us into a 8 house that was under construction. 9 Q Another one? 10 A A different house that we walked through. 11 Q Can you put a 2 there just showing generally 12 where that was? 13 A It was probably somewhere in this neck of the 14 woods (marking). 15 Q Okay. Uh-hum. What else did you do when you 16 were there? 17 A That was it, just talked to them, walked through 18 that house, and then walked back to our car which was 19 parked back at their house. 20 Q What route did you take with your vehicle when 21 you went there on that -- the occasion before the accident 22 happened? Just use your finger to trace it. 23 A Yes, it was either or. I don't know for sure, 24 but I drove around the manhole cover. I either went to the 25 left or I went to the right depending on if there was a Page 28 1 vehicle parked here. I don't recall. But I do remember 2 that the first time there wasn't a car on one side or the 3 other, so we were just able to drive. We just drove right 4 around it. 5 Q So if I understand what you are telling me, then 6 on the first occasion that you were at the development you 7 drove around it corning in? 8 A Uh-hum. 9 Q And then around it going out? 10 A Correct. 11 Q So I take it you parked somewhere up here 12 (indicating)? 13 A Right, I think we actually parked right in their 14 driveway. 15 Q Can you put a star right there showing where you 16 parked? 17 A We just pulled right into their driveway. 18 MR. CROSBY: On which occasion is this? 19 BY MR. FLOUNLACKER: 20 Q This is the occasion before you had the accident, 21 correct? Is that your understanding? 22 A Correct, yes. 23 Q Okay. Because you were there twice? 24 A Correct. 25 Q Okay. And were you last on Midway before you Page 29 1 entered the development? 2 A Yes. 3 Q Okay. 4 A Yeah, that's the only way to get in. Both times 5 that we went that was the only way in. 6 Q And as I understand your testimony, on that first 7 occasion, the occasion before the accident happened, you 8 left Midway, traveled onto North Crest? 9 A Uh-hum. 10 Q And then drove around the manhole either to the 11 left or to the right? 12 A Correct. 13 Q And then on your way out you drove around it 14 again to the left or to the right to make your way back to 15 Midway? 16 A Correct. 17 Q Okay. And what sort of traffic or equipment or 18 what have you was parked or standing on North Crest Drive 19 when you visited there on the occasion before the accident 20 happened? 21 A I just remember vehicles from people that lived 22 there. It looked like a bunch of pickup trucks, like 23 possible construction workers that were doing some work. I 24 don't recall if they had a dumpster sitting there the first 25 time or not (indicating). Page 26 - Page 29 L:i%a. i X-L. Mwu-rage DECEMBER 12, 2005 Page 30 Page 32 1 Q You are pointing here to Fisher No. 1? 1 Q But suffice it to say on the occasion that you 2 A Yeah, Fisher 1. I don't know if there was a 2 were there before the accident happened, after you left 3 dumpster there the first time we went or not. 3 Midway, you traveled by at least two manhole covers -- 4 Q Uh-hum. 4 A Uh-hum. 5 A But there was -- I think there was like a trailer 5 Q -- before you made it to the one here that you 6 there. Like they would have had a backhoe where they 6 parked your car; is that correct? 7 parked the trailer, got a backhoe on and off the trailer. 7 A Correct. 8 Q That was on the street? 8 Q How did those manhole covers look to you? 9 A On the street, yes, just different miscellaneous 9 A Raised. 10 construction vehicles and people that lived there vehicles 10 Q How far do you figure? 11 on either side of the road. 11 A A few inches. I couldn't tell you specifically, 12 Q Uh-hum. What's the speed limit for that stretch 12 but I would guess, 1 would say about three inches or so 13 of road there? 13 approximately. 14 A Unknown. It's not marked. 14 Q Did they look dangerous to you? 15 Q What did you consider the speed limit to be on 15 A Dangerous enough that I drove around theirs. 16 that stretch of North Crest Drive? 16 Q How come? 17 A I really didn't consider a speed limit because we 17 A Because I didn't want to blow a tire. 18 were driving so slow because we were looking at houses. 18 Q You didn't -- 19 Q You were gawking at houses? 19 A I didn't want to hit them with the tire, so 1 20 A Exactly. 20 went around them. 21 Q Uh-hum. Now, your wife had a clipboard with her 21 Q What about -- I can understand the tire part, 22 on the day of the accident. Did she have that clipboard 22 What about the bottom of your car, were you worried that 23 with her on this occasion when you were there before the 23 any part of the undercarriage of your car might have caught 24 accident happened? 24 one of those manhole covers if you would have say straddled 25 A I can't say a hundred percent for sure. I know 25 it with your tires? Page 31 Page 3 3 1 that we usually always had the real estate section. 1 A On the first visit? 2 Q The newspaper? 2 Q Yeah. 3 A The newspaper section with the house that was 3 A I don't know if I gave it a thought on the first 4 circled. Sometimes I remember we had the clipboard with us 4 visit or not because I just -- I had the availability to 5 in there because sometimes I had tablets on it to write 5 just drive around it, so that's all I did was, okay, I just 6 notes, so I can't say that every open house we went to we 6 don't want to hit that, just went around it. 7 had the clipboard, and I can't say every time we didn't, 7 Q And your reason for avoiding it on the first 8 because this one we did obviously have a clipboard, but I 8 occasion that you were at the development was for fear the 9 know this wasn't the first time I had a clipboard. It was 9 manhole covers might injure your tire? 10 just hit or miss. We either grabbed it when we left or we 10 A Correct. 11 didn't. 11 Q Puncture it or something? 12 Q Now, were there any other manhole covers on that 12 A Right, yeah. 13 stretch of North Crest other than the one that you have on 13 Q Did you have any concerns on the first occasion 14 your diagram there? 14 when you visited the development that the manhole covers in 15 A Yes. 15 the condition that you saw them presented risk of damage to 16 Q Just with your finger can you touch where they 16 the underside of your vehicle in any way? 17 were? 17 A I can't recall if I gave it that thought or not. 18 A Okay. Well there's one right here in the 18 Q Uh-hum. Other than the potential risk of damage 19 beginning of North Crest (drawing). 19 to your tire on this occasion, do you believe that the ,20 Q Okay. 20 manhole covers in their condition presented a rk?k of :tl That', one. 21 physical injury Lo you or your wife'? 22 Q Yes. 22 A No. 23 A Then there is more further down the road, too. 1 23 Q On that first occasion when you visited the 24 don't remember how many specifically, three, four, five, 24 development, do you have a recollection as to the speed 25 but there were more. There's more. 25 that you were traveling in vour vehicle after you were on Multi-Page" 'PERRY A. llO1BBS DECEMBER 12, 2005 Page 34 1 North Crest and before you stopped as you have indicated in 2 your diagram? 3 A Probably similar speed. I would probably say 4 around ten miles an hour, just coasting through checking 5 out the houses. 6 Q On that first occasion when you visited there 7 with your wife and while you were driving around the 8 manhole covers, did you and your wife have any conversation 9 about the manhole covers and your efforts to drive around 10 them? 11 A I don't recall that we actually talked about it. 12 I don't think I said, oh, I better go around it. 13 Q You -- 14 A Yeah, I just don't recall. 15 Q Okay. So you go to No. 1? 16 A Uh-hum. 17 Q You talk, and then you go down to the area known 18 as No. 2? 19 A Yes. 20 Q How long were you there? 21 A Until we were done talking and walked through the 22 house and we got back to the car, it was probably close to 23 an hour maybe, if that, probably no more than an hour. 24 Q And just you and your wife on that occasion? 25 A I think we might have had the kids at that one. Page 35 1 I don't recall a hundred percent, but I think the kids were 2 with us on that one. 3 Q While you were there, did the topic of the 4 manhole covers ever come up? 5 A No. 6 Q No discussion about them at all? 7 A No. 8 Q Now, again this is still referring to the first 9 time that you were at the development, the time that you 10 didn't have the accident. I'm showing you now the 11 photographs that are marked Fisher No. 1 -- 12 A Uh-hum. 13 Q -- and Fisher No. 2. 14 A Correct. 15 Q And we can see generally speaking in about the 16 center of both of those photographs is a manhole cover, 17 correct? 18 A Correct. 19 Q Does the manhole cover that's depicted in Fisher 20 1 and 2 appear to be the same as the manhole covers that 21 you saw when you were at the development on the first 22 occasion? 23 A Yeah, they are the same manhole covers. 24 Q And do they look to be in the same -- the 25 condition that they appear in these photographs, did they Page 36 1 appear that same way when you were there at the development 2 on the first occasion? 3 A Yes. 4 Q All right. 5 A I don't see any obvious changes like they were 6 moved or changes or anything like that. 7 Q All right. And the distance between the top or 8 travel portion of the manhole cover is the same distance to 9 the adjacent roadway in the photographs as it was on the 10 day that you visited, or they are not elevated anymore or 11 less? 12 A To be honest with you, I really couldn't say on 13 the first day, because like I said, I just drove around 14 them, so I really didn't give much thought to how high they 15 were. Just I don't want to hit them. Go around them. 16 Q Okay. Do you see anything that's depicted in 17 photographs Fisher 1 and 2 that you can say did not appear 18 to be the way that the manhole cover existed on the first 19 occasion that you were at the development? 20 A No, I don't see nothing obviously different. 21 Q For all you know this could be the very same 22 condition that you encountered on the first occasion as 23 depicted in these photographs? 24 A Correct. 25 Q Okay. Page 37 1 A It could be identical. 2 Q All right. You didn't take these pictures? 3 A No. 4 Q Let me find your car in here. 5 MR. CROSBY: Here. 6 BY MR. FLOUNLACKER: 7 Q I thought -- I might be wasting my time. I 8 thought there might -- this impact was towards the front of 9 the car, correct? 10 A Yes. 11 MR. FLOUNL,ACKER: Do you have one of the front of 12 the car? 13 MR. CROSBY: I have the undercarriage. 14 MR. FLOUNLACKER: Let me look at that then. 15 MR. CROSBY: Those are all of those. 16 BY MR. FLOUNLACKER: 17 Q What do you think that is? 18 A That looks like part of the exhaust system. 19 Q Do you think? 20 A Uh-hum. I think that's the plate, the way it was 21 connected. 22 Q I couldn't tell if it was a wire or a pipe. This 23 one, you're right, I think it is a pipe. Here we go. Just 24 forgive me. Is this the front of your car? 25 A Yes. Page 34-Page 37 Trs lT• T+• T T •71.7 CAA n'1P1A/'7117 2n2 cini 11+1\i\ 1 L"1. LVYYV DECEMBER 12, 2005 miLtULi-rage Page 38 1 Q Can you put your finger on there as to where your 2 understanding the impact was? 3 A Right there where the little white spots are 4 (indicating). 5 MR. FLOUNLACKER: Any chance of us marking this? 6 MR. CROSBY: Sure. We'll get the original. 7 THE WITNESS: Yeah. 8 MR. FLOUNLACKER: While we're at it, can I get a 9 photostatic copy of that, because I can have him draw on 10 it, and so that I don't want him to draw on this one, 11 because it's your original. 12 MR. CROSBY: Yes. Can't we just attach a copy of 13 the photo to the -- 14 MR. FLOUNLACKER: We can, yes. 15 MR. CROSBY: To the exhibit or -- 16 MR. FLOUNLACKER: I don't want him doodling on 17 it. 18 (Discussion held off the record.) 19 BY MR. FLOUNLACKER: 20 Q Can you take a moment and go through and identify 21 any pictures in there that you believe depict the condition 22 of the manhole cover on the day the accident happened? 23 A That depict the manhole cover? 24 Q Yes, that you remember it looking like. 25 A Okay. These are all the pictures of the manhole Page 39 1 cover, and they all appear to be the way that it was. 2 Q All the pictures in this stack that you gave me 3 depict the way it looked on the date of the accident? 4 A Correct. 5 Q Some of these aren't full views of it. Those two 6 aren't full. 7 A Okay. 8 Q This one is. That one is. That one's not. 9 Would we agree of the photographs that we looked at the 10 three that I have in front of you now are the three 11 that depict the whole manhole cover, the entire manhole 12 cover? 13 A That's correct. They do. 14 MR. FLOUNLACKER: Okay. 15 (Discussion held off the record.) 16 MR. FLOUNLACKER: We're going to do some 17 housekeeping here. 18 THE WITNESS: Okay. 19 MR. FLOUNLACKER: Your drawing we're going to 20 mark as No. 1. Now, these three photographs, we're going to mark tlicse llu ough 4, and I don't rCU11y care what 22 gets numbered which, and then we have got two views of your 23 car, and that will be 5 and 6. 24 (Drawing produced and marked Terry Dobbs 25 Deposition Exhibit No. 1. Photographs produced and marked Page 4( 1 Terry Dobbs Deposition Exhibit No. 2 through 6.) 2 BY MR. FLOUNLACKER: 3 Q Sir, these -- we have got three photographs of 4 the manhole cover -- 5 A Uh-hum. 6 Q -- 2, 3 and 4. The view as we see them here, is 7 that the same view you would have had of the manhole cover 8 as you were driving towards it on the day of the accident? 9 A That's the way I would be driving towards it 10 leaving the development. 11 Q Leaving the development? 12 A Not going into the development. That's coming 13 back out after we were already in. 14 Q Okay. So down here would be Midway? 15 A Correct. 16 Q Okay. All right. And we'll just wrap up then. 17 On your first trip that you were there, you exited from 18 either 1 or 2, traveled back to Midway, and then made your 19 way home, correct? 20 A Correct. 21 Q And on the occasion when you were leaving you 22 also drove around -- you made a conscious decision to drive 23 around the manhole cover? 24 A Correct. 25 Q Both of them? Page 41 1 A Yeah. 2 Q Okay. And the first manhole cover that you 3 encountered I guess after you came from Midway and the last 4 one that you would have encountered as you were leaving the 5 development, did it appear to be in the same condition as 6 the other manhole cover? 7 A It appeared to be raised. I can't say that they 8 were raised the exact same amount, but yeah, above ground 9 level. 10 Q Do you have a recollection of one being higher 11 than the other or there being any significant differences 12 between them? 13 MR. CROSBY: This is the first occasion? 14 MR. FLOUNLACKER: Yes, sir. 15 THE WITNESS: No, not that -- like I said, on the 16 first occasion I wasn't really paying attention. 17 BY MR. FLOUNLACKER: 18 Q Okay. 19 A I just drove around them, because there were 20 openings. 21 Q But as I'm understanding your testimony, I wane 22 to make sure I'm right. You made a conscious decision to 23 drive around both of them? 24 A Yes. 25 Q On your way in and on your way out? Multi-Page TM TERRY A. DOBBS DECEMBER 12- 2005 Page 42 1 A Yes. 2 Q Okay. Now, as I understand it then, you were 3 back to that development one other time, and that's the day 4 when the accident happened? 5 A Correct. 6 Q Okay. Were you ever -- in between those two 7 visits there were you ever out there in someone else's car 8 or visiting some other way? 9 A No. 10 Q The two occasions you went, you were driving both II times? 12 A Yes, I believe so, yes. 13 Q And the two occasions that you went were you 14 driving the same car? 15 A I believe so. 16 Q Okay. 17 A I wouldn't be 100 hundred percent on the first 18 time, but I believe we would have been. 19 Q Okay. The second occasion when you went back, 20 was there anyone other than you and your wife in the car? 21 A No. 22 Q And did you have an appointment? 23 A No. 24 Q Why were you going? 25 A I was -- actually we were going -- we were at Page 43 1 another open house just down the street, and on our way 2 back through. It was just really a spur of the moment 3 thing, because it wasn't really even on our list of places 4 to see that day. We were just traveling by and said hmm, 5 while we are here, let's drive by and see what else is 6 there, what they have going up. It was a spur of the 7 moment to go through there. 8 Q I have a question about the first time you were 9 there. What was the weather like? 10 A I recall it being good weather. I don't recall I I it being like rainy or snowy or anything. 12 Q Fair weather? 13 A Yeah. It was muddy, I just kind of remember 14 getting mud on my shoes and stuff from walking around the 15 house that was under construction. 16 Q That was on the lot, not the road? 17 A Right. That was more the lot, but the weather I 18 don't recall either day being bad weather. 19 Q Uh-hum. Either day you say? 20 A Either day, yeah, neither time. 21 Q Okay. So the second trip was a spur of the 22 moment type deal? 23 A Right. 24 Q And -- 25 A Yeah, because there's actually up here north -- Page 44 1 well, actually it would be south, south of Crest View, up 2 here is another road that connects to Midway up here. I 3 don't know the name of this. That's the road that we were 4 on. We were driving past all this, and we were like, hey, 5 that's that development we went and looked at. Why don't 6 we turn down, because then we came down Midway this way and 7 turned in. 8 Q So you were traveling towards Midway on a 9 parallel roadway -- 10 A Correct. 11 Q --to North Crest? 12 A Right up here further, yeah. 13 Q And then that caught your eye, and you decided -- 14 A Yeah. Let's go back, because we saw some more 15 houses that weren't up there before. 16 Q More building? 17 A Yeah, so we were like let's go back. 18 Q And then I take it you traveled this way? 19 A Yeah, we came north on Midway, and then we 20 tamed. 21 Q Can you put a north on there just so I know? 22 A Yeah. I would say based on my best guess it 23 would be north -- north would be -- I'll put the N here 24 with an arrow this way. This would be north. This would 25 be south. Page 45 1 Q So you would have traveled north on Midway and 2 then made a right? 3 A Made a right and headed east there, yes. This 4 would have been east and west. 5 Q Okay. Now, as you were entering the development 6 on the second occasion -- 7 A Uh-hum. 8 Q -- did you recall anything about the manholes 9 based on your first visit? 10 A Well, the second time I'm pretty sure I remember 11 still driving around the first one. I went right around 12 it. There was a way I could just go around it without 13 going over it. 14 Q And do you remember whether you went to your left 15 or to your right? 16 A I can't recall. I can't recall which way I went. 17 Q And did the manhole cover on the second visit 18 appear to be appreciably different in any way than the way 19 the manhole cover appeared on your first visit? 20 A Not that I recall. 21 Q It looked to be the same? 22 A It looked to be the same the best I can recall. 23 MR. CROSBY: Which manhole cover? 24 THE WITNESS: The very first one. 25 BY MR. FLOUNLACKER: Page 42 - Page 45 i L:Xvff%. i rm. Lv?ua DECEMBER 12, 2005 Mule-rage Page 46 1 Q The first one? 1 vehicles parked here and here (indicating)? 2 A The first manhole. 2 A Correct, uh-hum. 3 Q And that would have been, just so we're clear, 3 Q Now, can you -- how about say rectangles, can you 4 the first one you would have encountered after you left 4 draw on that diagram rectangles depicting the location of 5 Midway? 5 the vehicles on your second visit? 6 A Right. 6 A The second trip? 7 Q Okay. 7 Q Yes. 8 A Correct, right there. s A (Drawing.) Of course, they are probably not to 9 Q All right. And -- 9 Scale but -- 10 A But then -- 10 Q Yes. We figured it wouldn't be. 11 Q Just a -- 11 A Maybe something like that, a vehicle on each side 12 A Okay. 12 of it parked. 13 Q And did you still have concerns that it could 13 Q How about you just put an A and B there so we'll 14 damage your tire? 14 know those depict vehicles? 15 A Yes, and that's why I drove around it. 15 A (Marking.) Okay. 16 Q Okay. And then what happened? 16 Q And as we said before, A and B would be a private 17 A Then we got to the second manhole cover, the one 17 or would you say a pedestrian-type vehicle? 18 that we had the accident with. 18 A Pedestrian type. 19 Q Uh-hum. 19 Q As opposed to a construction vehicle? 20 A The problem this time was there were vehicles 20 A Yes, not to say that it wasn't a pickup truck 21 parked on either side of that manhole cover. Now, you 21 that belonged to a construction guy. 22 don't really see them on any of the pictures, but it was a 22 Q Right. 23 situation where there was vehicles on both sides of the 23 A Yeah. 24 manhole cover, so I could not -- I could not go around 24 Q But it would be like a half-ton pickup truck? 25 either side of that second manhole cover. 25 A Right. I don't recall either one of them being Page 47 1 Q Now, they're not going to get this on the record, 2 but I'm just going to show you something to see. There 3 were cars here (indicating)? 4 A Correct. 5 Q And when you say vehicles, these are private 6 passenger vehicles? 7 A I don't recall. I don't recall if they were 8 people that lived there vehicles, construction workers' 9 vehicles. They were just two vehicles, one on either side, 10 that I could not go, I could not avoid going over top of 11 that one. 12 Q But when you say vehicles, you are talking about 13 a car or a pickup truck? 14 A Right. 15 Q As opposed to a backhoe on a lowboy or something 16 like that? 17 A Right. I recall it as being vehicles. 18 Q Yes. 19 A Pedestrian vehicles. 20 Q Okay. 21 r? Yrs. 22 Q You said it better than I did. 23 A Yeah. 24 Q And for the purposes of your diagram, and again Z5 they are not going to get it, but there would have been Page 4l Page 41) 1 like a dump truck or anything like that. 2 Q That's what I'm getting at, Now, on any 3 occasion, and again I'm going back to the first one 4 included, did you ever encounter any oncoming traffic on 5 driving in or out of there? 6 A To be honest with you, I think I did on both 7 occasions. I think at some point I had to move over and 8 let somebody pass or somebody else moved over so that I 9 could pass. I think -- I couldn't tell you if it was on 10 the way in or the way out, but I just remember I think 11 pulling over so a car could come out or come in or 12 something to that effect. I think somebody did the same 13 thing for me one of the times. 14 Q We're going to change now. This is back to the 15 occasion when the accident happened. 16 A Back to the accident? 17 Q Correct. You leave Midway, and you go around 18 this first manhole -- 19 A LJh-huin. 20 Q -- to the left or to the right? 2-1 A Correct. 22 Q And then you proceed east? 23 A Yep. 24 Q Towards the manhole, the second manhole? 25 A Correct. Multi-Page"" PERRY A. 130BBs DECEMBER 12,-2005 Page 50 1 Q Where were you intending on going? 2 A All the way to the end of the paved road. We 3 were going to go all the way to the end which is what we 4 did, but to get to that I had to drive over top of that 5 manhole cover. 6 Q Okay. And so this is the second occasion you 7 were there? 8 A Uh-hum. 9 Q The first time you encountered this manhole, what 10 happened? 11 A The first time I encountered it? 12 Q Yes. 13 A On the day of the accident the first time coming 14 in? 15 Q Yes, sir. 16 A When I got to the manhole cover, once again 17 worrying about my tires, I was a tire nut, I went -- well, 18 I didn't want to try to squeeze on either side, because I 19 knew that I would be going over the manhole with the other 20 set of tires, so I decided it would be best for me just to 21 straddle it and drive over that way, because then I 22 wouldn't hit it with my tires. 23 Q Did you make it? 24 A Yes, that's what I did. 25 Q Did you make it? Page 51 1 A I drove right over it, no hitting it, no 2 bottoming out, no nothing, just drove right over it. 3 Q How fast were you going? 4 A Ten miles an hour, just coasting through. 5 Q Uh-hum. Now, when you went over it on that 6 occasion, the time I'll say -- I'll say straddle it. 7 A Straddled it, uh-hum. 8 Q Is that fair? 9 A That's fair. That's what we did. 10 Q On the first occasion that you straddled it -- 11 A Uh-hum. 12 Q -- at any point while doing that did you have any 13 concerns that the undercarriage of your car might strike 14 any part of the manhole? 15 A No, I really wasn't thinking undercarriage. I 16 was thinking tires. I was just, okay, I don't want to get 17 my tires, because I was thinking if I hit the lip that was 18 raised, I didn't know if it was sharp or anything. I 19 didn't want to gouge the inside of my tires, so I wanted to 20 make sure I was centered and went right over it. 21 Q Okay. And then what happened? 22 A Then we drove to all the way to the end, which I 23 couldn't tell you how far it was, but probably about 24 another -- twice as long as this distance is, another two X25 or three more manhole covers, and now you got to the end to Page 52 1 where the paved or like the road is paved here, the paving 2 stopped, and it just became dirt and gravel. That's when I 3 stopped, did like a three-point turn, and then we were just 4 coming back out again. 5 Q Did you spend any time up there on that second 6 trip? 7 A Not really, no. We didn't get out of our car 8 until after the accident. We just drove in, did our 9 three-point turn, and we were on our way out, and we just 10 kind of looked at a couple of the houses, what they had 11 going, and just scoping it out, because we had other houses 12 to get to during our open house period. We were just kind 13 of doing a drive-by to see what was going on in the 14 neighborhood. 15 Q I see. As I understand it then, the direction 16 that you were traveling when you had the accident was this 17 way (indicating)? 18 A Correct. 19 Q And I'm just -- I'm going to do this. 20 A Sure. 21 Q I'm going to put an arrow, a blue arrow 22 (marking), and I'm going to put a ring around it. 23 A Okay. 24 Q And that depicts the direction of your travel -- 25 A Uh-hum. Page 53 1 Q -- when you had the accident, correct? 2 A Correct. 3 Q Okay. Is that view depicted in any of these 4 photographs? That's 3, 2, 4 -- 2, 3, 4? 5 A I'm pretty sure. I would say -- yes, I'm pretty 6 sure that that is the direction that all these pictures 7 were taken. We were leaving. Those are pictures of our 8 leaving the development. 9 Q Okay. So now Exhibit Terry Dobbs -- 10 A Uh-hum. 11 Q -- 2, 3, and 4 all depict the view of the manhole 12 cover that would have been displayed to you on the drive 13 that you were on when the accident happened coming out of 14 the development? 15 A Correct. 16 Q Okay. 17 A Yes, the same things with these Fisher 1 and 2, 18 they are both the exact same. We were on our way out. 19 Because these are colors, that's a little easier for me to 20 see. Those are regular. 21 Q So the photographs in Fisher 1 and 2 also depict 22 that same view of the manhole cover? 23 A Correct. 24 Q All right. 25 A I'm a hundred percent on these two, guaranteed Page 5U - Page 5? • T A T T 171-7 f A^ /n^ -I (t1717 1W2- AZ In1 1 Ll?l\1 !1. J/VLL?7 DECEMBER 12, 2005 mutn-rage Page 54 1 that that's leaving, but these being black and white, this 2 one here I can't give you a hundred percent, but I can give 3 you a hundred percent on Fisher 1 and 2, that that's us 4 leaving. 5 MS. STOMBAUGH: Which one is it you are not a 6 hundred percent on? 7 THE WITNESS: This one here, I can't really tell, 8 because I don't have background. 9 MS. STOMBAUGH: I just wanted to know. No. 4? 10 THE WITNESS: No. 4. I think 2 and 3 should 11 be good, because I'm seeing the dumpster in the 12 background which should lead me to believe it was the same 13 direction. 14 BY MR. FLOUNLACKER: 15 Q Here are the originals of the photographs that 16 are your 2, 3 and 4. Does that help you? 17 A Yeah. Definitely -- yeah, these two definitely, 18 whichever numbers they are. It's just this last one that I 19 just wouldn't be -- I'm pretty sure it is, looking at the 20 dirt marks here. 21 Q See this here? 22 A Yeah, that's a hundred percent. On No. 3 that's 23 us leaving. 24 Q All right. 25 A No. 2, that's No. 2? Yeah, that's definitely us Page 5` 1 leaving. 2 Q All right. 3 A And then going off of merely just looking at the 4 road surface, going where the dirt marks are, I can see 5 that this one is also in the same direction. 6 Q Okay. 7 A So they should all be us leaving. 8 Q All right. So Fisher 1 and 2 and your Exhibits 9 2, 3 and 4 are all depicting the view you had of the 10 manhole when you were leaving? 11 A Correct. 12 Q Okay. 13 A With the exception of which obviously my 14 eye level was not ground level like this picture was 15 taken. 16 Q Do you know if there are any pictures in here 17 that depict the manhole the other way? Can you take a 18 minute to look through there? 19 A Sure. 20 Q And just for the record, all of the photographs "I that wc have bc; ;n looking at f or your Lxiiibits 2, 3 and 4 22 were taken on June 10th, 2002. 23 A Okay. 24 Q That's what they indicate, correct? 25 A Right, that's what Mr. Crosby indicated. I Page 5( 1 wasn't there when they took them, so I can't say a hundred 2 percent that's when they were taken. 3 MR. FLOUNLACKER: Me neither. 4 MR. CROSBY: Here's two more. 5 THE WITNESS: I don't see any here. None here 6 that depict it the other way. 7 BY MR. FLOUNLACKER: 8 Q Does this look like the manhole cover where you 9 had the accident? 10 A Yeah, that's -- it's a million dollar question, 11 without the -- without supporting pictures, stuff in the 12 picture, you know, it very well could be, and I would only 13 assume that it's that one, but I can't tell you 100 percent 14 that is this one, or could that be a picture of the first 15 manhole when I came in, because I don't have a wide enough 16 shot to say if it is or isn't. 17 Q Let me back up a minute. Why don't you tell me 18 what happened. You went up there and did your three-point 19 turn? 20 A Uh-hum. 21 Q And then what happened? 22 A We did our three-point turn. We were once again 23 just coasting on our way out, just looking at the houses 24 and whatnot, approaching the manhole that we struck. The 25 same thing, I was attempting to straddle it. Page 57 1 Q In between A and B there? 2 A Yeah, in between A and B, we were approaching, 3 going to straddle the manhole cover, and all of a sudden 4 within a second the vehicle came to a dead stop. The air 5 bags deployed. The horn went off. The wife started 6 screaming instantaneously. There was no like -- it didn't 7 start to grind first. It was from coasting along at ten 8 miles an hour to a dead stop instantaneously. 9 Q That's what you believe, your speed was ten miles 10 an hour? 11 A Yeah, approximately. That's the best, because we 12 were just costing through there looking at houses. 13 Q What's your position on how or to explain why you 14 were able to straddle it on the way in and you couldn't do 15 that on the way out? 16 A From looking at the manhole cover at the scene 17 and being there, there is a dip, and you vaguely can see it 18 here in Fisher 2, but there's a dip on -- on this diagram 19 here, Terry 1, right here there would be a dip in the 20 pavement (indicating). 2-1 Q 1'ut a star there and circle it. 22 A Okay. A star with a circle (marking). So 23 there's a dip there in the pavement, that as I was corning 24 out obviously my right front tire went into that dip, and 25 as it went into that dip it lowered the car just enough Multi-Pager"` TERRY A. DOBBS DECEMBER 12, 2005 Page 58 1 that my undercarriage hit that manhole cover. 2 Q That dip that you have there, that manhole cover 3 with the dip that you have with the star -- 4 A Uh-hum. 5 Q -- can you find that dip on any of these 6 pictures? 7 A Fisher 2, it appears to be there (indicating). 8 Fisher -- Terry 4, right there would be where I would say 9 the dip was. 10 Q Now, Terry 4, I'm going to ask him to write on 11 that. Can you put a ring or encircle the dip that you have 12 depicted with the star on your diagram? 13 A I'm pretty sure it's right about there is where 14 the dip in the road is (marking). 15 Q All right. Do you see it anywhere else, sir? 16 A I would say it's right there in this picture 17 (marking). 18 Q Okay. How about anywhere else? 19 A I can't really see it clear at all on that 20 picture. 21 Q Do you see it in any of these pictures? 22 A It's tough to say. I can't really gauge, like I 23 said, without the background. I would have to -- possibly 24 in this area of this picture, but I can't tell you anything 25 for that picture or this picture. Page 59 1 Q I don't want you guessing. 2 A Yes. 3 Q The ones that you have circled you're sure? 4 A Yes, I'm sure. 5 Q Okay. 6 A And I didn't mark it on these, but it's on these 7 two also. 8 Q As you were driving towards the manhole cover, 9 and it seems to me that your tire would have encountered 10 the area that you have encircled here on Dobbs No. 3 before 11 you got to the manhole cover; is that correct? 12 A Well, yeah, it's right before the manhole cover. 13 Q Yes. 14 A But it's all right relative in the same spot. 15 Q Did you feel any sort of sensation as a 16 consequence of your tire encountering this dip or area? 17 A No. 18 Q After you made your three-point turn prior to 19 attempting to exit the development, after you made that 20 turn and before you encountered the manhole cover, did you 21 slow your vehicle at all? 22 A I can't say for a hundred percent that I did, 23 because like I said, we were really just were coasting at 24 like ten miles an hour. The only thing I can say that I 25 know that I did was make sure that I lined my vehicle up on Page 60 1 it, so that I could straddle it. 2 Q Would it have been possible for you to drive 3 one of the tires to your vehicle over top of the manhole 4 cover? 5 A Could I have? 6 Q Yeah. 7 A Probably. 8 Q Either the left or the right? 9 A Yeah, I probably could. There's probably enough 10 room that I could have put a tire over it and still clear 11 the vehicles. I can't say that for a hundred percent 12 depending on which vehicle, how far out they were parked, 13 if I would have went 'one way I would have hit that car 14 versus the other way, but I probably could have went one 15 tire over the manhole cover and did it that way. 16 Q Did you consider doing that that day when you 17 were leaving? 18 A No, because I didn't know how sharp the edge of 19 the manhole cover were, so I didn't want my tire anywhere 20 near the manhole cover. 21 Q When you were driving in on the second occasion 22 and you straddled the manhole cover on your trip into the 23 development; is that correct? 24 A Correct. 25 Q On that occasion did you feel any change or Page 61 1 sensation in your vehicle as a consequence of driving 2 anywhere around that manhole cover? 3 A No, it just -- to me it just felt like a normal 4 drive, just straddled it and went right over top of it, 5 didn't hit nothing, didn't bottom out, didn't do anything 6 that would lead me to believe there was a problem. 7 Q Do you believe when you straddled it going in, do 8 you believe that you did drive over that dip as depicted in 9 Dobbs No. 3? 10 A I can't really tell. Depending on where exactly, 11 how far was I one way or the other, did I actually hit the 12 dip coming over it, I don't know. I can't say if I was -- 13 because it is kind of in line with the manhole cover, so 14 depending on how I centered the car, I could have missed it 15 completely. I could have went over it. I don't know for 16 sure. All I know is that I went over the manhole cover for 17 sure and didn't hit nothing coming in. 18 Q Do you believe you were traveling at a reasonable 19 speed or an appropriate speed when the accident happened? 20 A Oh, absolutely. 21 Q Did you think you were speeding? 22 A Not at all. 23 Q Do you think you were keeping a proper lookout? 24 A Oh, yeah, I don't think I was doing anything 25 wrong. Page 58 - Page 61 .-__. __. ?.._?.? ?.?. ?? ?t • ... • : r n? n r ?n nnnA /i711"I 1A1 r1 Al I 1 r1. Xfflw"."o DECEMBER 12, 2005 wiLu LLt-rage Page 62 1 Q Well, that's what this suit against you says. Do 2 you believe -- I believe the suit says you were 3 inattentive, driving at an unreasonable speed, actually 4 speeding and not keeping a proper lookout. Do you agree 5 with that? 6 A I disagree with that. 7 Q Uh-hum. Did you ever talk to your wife about 8 that? 9 A Yes. 10 Q What was said? 11 A Just that that's how -- 12 MS. STOMBAUGH: I'm going to have to object to 13 that. You can answer it. 14 THE WITNESS: Just I did see something in writing 15 that said that. 16 BY MR. FLOUNLACKER: 17 Q Sure. 18 A That said I was speeding, and we just kind of 19 looked at that like I don't know where they came up with 20 that because that was not in any statements or anything 21 like that. 22 Q Well, what I think you looked at is the Complaint 23 filed by your wife. 24 A Uh-hum. 25 Q This is page 3 -- Page 63 1 A Okay. 2 Q -- of the Complaint, Michele Dobbs. That's you, 3 Terry. 4 A All right. 5 Q That's us below. Under Count I Negligence, and 6 this is Michele Dobbs versus Terry Dobbs. 7 A Uh-hum. 8 Q Under Paragraph 20 it says the occurrence 9 resulted in injuries -- 10 A Yes. 11 Q -- to Michele were caused directly or proximately 12 by the negligence of Defendant Terry A. Dobbs, and I'll 13 characterize these. A through I, you were inattentive, 14 didn't have your vehicle under adequate control, failed to 15 maintain your vehicle in the right-of-way, vehicle in such 16 a manner that you were unable to apply your brakes before 17 striking the manhole cover, failing to drive carefully and 18 at a prudent speed, failing to keep sufficient control over 19 your vehicle, and driving in excess of the speed limit. Do 20 you believe you were doing any of those things? 1 A I Li sagree with cvL;ry one ol'tliosc. 22 Q All right. Has your wife ever accused you of 23 anything like this when you two have talked about this? 24 MS. STOMBAUGH: Objection. Go ahead. You can 25 answer. Page 64 1 THE WITNESS: No. 2 BY MR. FLOUNLACKER: 3 Q Do you believe she thinks you did any of these 4 things wrong? 5 MR. CROSBY: I object to that question. You can 6 go ahead and answer. 7 TI1E WITNESS: No, I don't think she believes that 8 I did any of those. 9 BY MR. FLOUNLACKER: 10 Q Do you have an understanding as to why these 11 appear here then? 12 A I know why I'm a defendant, yes. 13 Q Why? 14 A Because of my wife is the victim in this case, 15 and regardless of how it turns out, she did nothing wrong. 16 She's a passenger in a vehicle holding a clipboard. Now, 17 somebody -- someone or something caused those injuries, so 18 somebody is at fault or something is at fault, and to cover 19 all of their bases, they need to acknowledge every 20 possibility of what could have been a factor in this 21 accident, one of them being me driving, some of them being 22 the roadway itself, and that is why I am a defendant. 23 Q Although it's a possibility, do you believe you 24 did anything wrong? 25 A No. Page 65 1 Q Why do you think this accident happened? 2 A Because there was a dip in the road. If the dip 3 wasn't in the road my car wouldn't have sunk down. 1 4 wouldn't have hit the manhole cover. 5 Q At any time before today, had your wife ever told 6 you anything that led you to believe she thought that you 7 were responsible for causing this accident? 8 MS. STOMBAUGH: I'm going to object again, but 9 you can go ahead and answer. 10 THE WITNESS: She has never specifically said 11 that it was anything that I've done, meaning bad driving or 12 anything like that, but there has been reference made that 13 she's got the injuries, she didn't do anything wrong, so it 14 goes back to, well, somebody, somebody or something, but 15 nothing specific like if you weren't a bad driver that 16 wouldn't have happened, nothing like that. 17 BY MR. FLOUNLACKER: 18 Q Nothing like that? 19 A No. 20 Q Both the air bags went off? 21 r\ C:orrc;ct. 22 Q Do you have any understanding for the vehicle 23 that you were operating as to what kind of speed you have 24 got to be driving at when you hit something to have the air 25 bags deploy? Multi-Page `M TERRY A. DOBBS DECEMBER 12, 2005 Page 66 1 A From what I gathered after the accident from 2 reading all my manuals from head to toe and making some 3 phone calls, there is a sensor in the car, and it is some 4 sort of -- I don't want to say -- I don't know what the 5 correct term is, but I would say it's like a seismic 6 sensor, and it senses motion. While the vehicle is in 7 motion, it's just doing whatever it does, but when it 8 senses the sudden stop, the dead stop, that is what 9 deployed the air bags. 10 Q Regardless of the speed? 11 A Regardless of the speed. It had nothing to do 12 with like -- because right away I was thinking, I thought 13 the sensors were in the bumpers, so I was thinking why did 14 they go off because I physically didn't hit nothing. The 15 bumpers didn't hit nothing. Why did my air bags go off? 16 And from making phone calls and reading the stuff, that's 17 where I learned that, no, they are seismic sensors in 18 there, that the car sensed that that vehicle was traveling 19 regardless of what speed it was traveling. It was just 20 moving, and then instantaneously it came to a dead stop. 21 That's what deployed the air bags, because the car didn't 22 know why it came to a dead stop. 23 Q Where did you learn that? 24 A Just from reading the owner's manuals and making 25 a couple phone calls to the 800 phone number. I called Page 67 1 Hyundai. I asked customer service. I had some questions. 2 Q I'll grant you these are copies. How about 3 looking at Dobbs 5, can you put your finger on where you 4 believe the impact was between your vehicle and the manhole 5 cover? 6 A Right there in those little white spots 7 (indicating). 8 Q Can you ring it? 9 A (Marking.) 10 Q So that was about dead center in the middle of 11 your vehicle? 12 A Uh-hum. 13 Q Yes? 14 A Yeah, about dead center of the car. A little -- 15 if you looked at it, it was a little closer to the 16 passenger side versus the dead center, yeah, but for the 17 sake of argument the center, the center passenger side. 18 Q Uh-hum. And to your understanding that's the 19 only point of impact between your vehicle and the manhole 20 cover? 21 A Correct. 22 Q There's a steel tape in this Dobbs 6. Do you see 23 that? 24 A Uh-hum. 25 Q Did you ever measure the distance between that Page 68 1 portion of your vehicle to the roadway? 2 A No. 3 Q Do you know what that distance is? 4 A No. 5 Q Can you see how far that tape is out? And I'm 6 going to represent to you that the photograph that you are 7 looking at is actually the original of the photograph 8 that's been copied in Dobbs No. 6. Does that appear to be 9 the same to you? 10 A Yes. 11 Q Okay. Can you read how far that steel tape's 12 out? 13 A It appears to be out I'd say two and a half 14 inches. 15 Q Uh-hum. Above the -- 16 A Above the tape itself. 17 Q Yeah. Where did you get your car fixed? 18 A Brenner, Brenner Collision, Auto Collision Center 19 on the Carlisle Pike. 20 Q What was the matter with it? 21 A Well, in a nutshell the air bags being replaced 22 and then the undercarriage. I don't remember if there was 23 any true frame damage or not or if everything that was 24 damaged they just unbolted and put new stuff up. 25 Q Did anybody tell you the car misperformed in any Page 69 1 1 way? 2 A No. 3 Q Were you hit with the air bag? 4 A My air bag, yeah. 5 Q Did it hurt you? 6 A The cover, the cover scraped my arm, my right arm 7 (indicating). 8 Q Your right forearm? 9 A Yeah. 10 Q Were you like this (indicating)? 11 A Right. Correct. 12 Q Your hands were on the wheel, and it went off? 13 A Yeah. When the cover -- I don't remember if it 14 flipped up or flipped down, but when the steering wheel 15 cover flipped, the way I was holding it at 3:00 and 9:00, 16 it like raked my arm. Like the edge of the cover, it just 17 raked my arm, got black and blue, had some burning on my 18 arm. We don't know if that was brush burn from the air bag 19 coming out, but as far as the air bag, the air bag never 20 hit my body, never hit my face, chest, never hit nothing. 21 It came out, in and out, inflated and deflated within a 22 split second. 23 Q And it never touched your -- 24 A Never touched me. 25 Q Your trunk or your face or anything like that? A Page 66 -Page 69 ?r?Ti.?«.?. i TAT!\TTT Tr\T T % ?T All, A T T -71 '7 C AIN A'1PtA /171 ^I ? n'2 C 1 / %1 L Ll\i\ 1 11. LVLLU IyAmmJ. 1 as%i DECEMBER 12, 2005 Page 70 Page 72 1 A No, never touched anything. The only thing that 1 wasn't a finished roadway? 2 touched me, like I said, was the cover scratched me, 2 A I didn't really give it any thought to it, like 3 scraped me. 3 when I was turning into that developments, oh, we're going 4 Q Did you have your seat belt on? 4 down a bumpy road. No, I didn't think of anything like 5 A Yes. 5 that. The only thing that caught my attention was, oh, 6 Q Did that catch you? 6 manhole covers, the roadway is not finished, so I'll try to 7 A Well, it didn't really catch me because I really 7 avoid the manhole covers. 8 wasn't going fast. I just -- there was no -- there wasn't 8 Q Would you have been surprised if you would have 9 like no whiplash. There was no jerking. It was when it 9 encountered uneven surfaces on the roadway as it was 10 happened it was like -- but it was all so instantaneous. 10 constructed like that? 11 It was air bags deployed. They deployed, and they were 11 A Probably not. 12 completely flat again before you could even comprehend what 12 Q Did you understand that there was not a finished 13 just happened, that fast. The big thing was Michele was 13 asphalt surface to the roadway on the occasions when you 14 screaming. The horn was going off, and Michele was 14 visited the development? 15 screaming. Those are the two things I remember. 15 A Yes. 16 Q What was the horn going off for? 16 Q Had you ever seen roadways constructed like that 17 A A safety feature, so that if you ever wrecked 17 in any similar fashion? 18 your car off the road or something and you went down in a 18 A Yes. 19 ditch. 19 Q Were other housing developments that you visited 20 Q They know where to get you? 20 during your house hunting, did they contain similar 21 A If an air bag deploys the horn will go off 21 roadways? 22 nonstop. 22 A I don't know if any developments that we saw 23 Q How did you shut that off? 23 during our house hunting were like that, but I was in 24 A A neighbor came out because the horn was going 24 developments that were under construction that had that. 25 off. 25 Q Uh-hum. Page 71 1 Q Yeah. 2 A One of the neighbors that lived on the side 3 street got a wrench, and we disconnected the battery. I 4 didn't realize what happened to her. She had her hand over 5 her mouth, and she was bleeding, and I didn't realize that 6 it was the clipboard that did it. At first I thought did 7 the air bag do that? How could the air bag? But then when 8 she got out of the car, they got her a towel, and I'm 9 pretty sure the people that actually got her the towel were 10 the people who were like managing the development, the same 11 house that we went to to sit down and talk with them. I 12 think it was the same people. And then when I went back to 13 the car to get the battery disconnected, that's when I saw 14 the clipboard in pieces in the car. 15 Q When you were driving on North Crest on any of 16 the occasions that you were at the development, did you 17 encounter any bumps or uneven surfaces in the roadway? 18 A Your standard little bumps here and there, that 19 you could tell it wasn't the finished roadway yet. 20 Q Uh-hum. 21 F1 You Could LCII it was Tie first layer clown, and 22 but, no, it wasn't like super smooth like somebody just 23 made the final layer and made it pretty. It was -- 24 Q Did you expect that it would be normal to 25 encounter some deviation in the roadway surface because it Pagc 73 1 A I don't know if they were directly related to our 2 house hunting but... 3 Q Yeah. And the dip that you have here circled on 4 the photographs depicting the dip around the manhole cover 5 when you had the accident, that dip, was that different 6 than the dips or bumps in the roadway as you described when 7 you saw other roadways in similar conditions? Was that any 8 worse or any better than what you had seen in the past on 9 similar roadways? 10 A Well, the only -- 11 MS. STOMIIAUGII: I'm just going to object to that, 12 object to the form, but go ahead. 13 THE WITNESS: The only difference being on the 14 other roadways that I went over, I have straddled other 15 manhole covers before in the same car, and I have never hit. 16 any, so obviously there has to be a difference, so -- but 17 that's -- you know, they all had their bumps. They all had 18 their little things, but I have straddled other manhole 19 covers and didn't hit any one, and I straddled this one, 20 didn't hit it before, so there was no reason for me to 21 ticiic; v I was going to iiit a going out. 22 BY MR. FLOUNLACKER: 23 Q Right before the bag went off was your foot on 24 the gas or the brake? 25 A Probably the gas, probably the gas, because we Multi-Page - TERRY A. DOBBS DECEMBER 12, 2005 Page 74 1 were just driving out. 2 Q And at this point were you accelerating? 3 A I would say we were just going at a steady speed, 4 because once I did my three-point turn we were just putting 5 along about, like I said, ten miles an hour the whole 6 length of the road all the way back to Midway until I got 7 to the stop sign. 8 Q Is that a manual or automatic transmission? 9 A Manual. I'm sorry. Automatic, automatic. 10 Q Automatic. Do you know what gear you were in? 11 A Drive. 12 Q And do you know what gear your transmission was 13 in when the accident happened? 14 A I would only assume drive. 15 Q Yeah, but does it have more than one gear when 16 you drive? 17 A Yeah, it had low gears, like a low 2, a low 3 and 18 a low 2, but I was in drive. 19 Q Do you have an appreciation for which of those 20 gears you were in? 21 A Oh, I see. It was up channeling through the 22 gears? Oh. 23 Q Yes. 24 A I see what you are saying. 25 Q Yes. Page 75 1 A No, I honestly -- I don't recall. I couldn't 2 tell you remotely what gear it was in, but I know I'm going 3 at ten miles an hour, so I don't know how many gears it 4 would have been up at that point. 5 Q Do you have a tach in that car? 6 A I don't think that Elantra had a tach in it. To 7 be honest with you, I don't think it did. 8 Q I don't -- 9 A I can't say a hundred percent, but I don't recall 10 that it did. 11 Q I don't know why they put tachs in automatics, 12 but they do. 13 A Yeah. 14 Q Does that car have a tach? 15 A The Elantra? 16 Q Yes. 17 A I don't think so. It might. I don't recall. I 18 can't say a hundred percent. 19 MR. FLOUNLACKER: Can I see you a minute? 20 MR. CROSBY: Uh-hum. 21 (Recess from 1:20 p.m. to 1:28 p.m.) 22 BY MR. FLOUNLACKER: 23 Q Just one quick question. When the air bags went 24 off, did you put your foot on the brake? 25 A The second that they went off, my foot was Page 76 1 probably not on the brake, but when they deployed, yeah, it 2 was probably instinct to put the car in park. 3 Q Just wondered. 4 A Brake, put it in park. 5 Q Is that what you did? 6 A Uh-hum, yeah. It sat right in the middle of the 7 road for the first initial few minutes. 8 Q We're going -- this is a little different, and I 9 talked to your lawyer about this. Normally I would go on 10 now and talk to you about your wife's injuries and damages 11 and stuff and then depose her and go over a lot of the same 12 liability stuff because she was in the car with you. 13 A Uh-hum. 14 Q What we're going to try now if we can do it is 15 you have just ended all the testimony about how this 16 accident happened and your visits and everything you have 17 discussed. I'm going to take some time now and review that 18 with her to see -- she's been sitting here throughout all 19 of your testimony to see whether or not she agrees with it. 20 A Okay. 21 (Deposition of Michele Dobbs from 1:30 p.m. to 22 1:36 p.m.) 23 BY MR. FLOUNLACKER: 24 Q Changing gears here, I want to talk about your 25 wife's injuries. Now, your wife's lawyer has-sent me a Page 77 1 very comprehensive, I believe, comprehensive package 2 outlining her medicals and things like that. What I'd like 3 to talk to you about is how these injuries have affected 4 her, and we'll start with this. What's your understanding 5 as to the nature or kind of injuries that your wife 6 received as a consequence of the accident? 7 A Well, the obvious is the teeth that were knocked 8 out. She required stitches for a laceration on her lip 9 probably from where the clipboard went across her face. 10 Q Is that here (indicating)? 11 MRS. DOBBS: Yes. 12 MR. FLOUNLACKER: Hold on. That's a good point. 13 I want to see that. Where is that, Ma'am? 14 MRS. DOBBS: It knocked those teeth out. 15 MR. FLOUNLACKER: Your lip here? 16 MRS. DOBBS: And I would need a mirror. I'm 17 sorry. Like right in that area (indicating). 18 MR. FLOUNLACKER: Right down here (indicating)? 19 MRS. DOBBS: Yeah. I would need a mirror. I'm 20 sorry. 21 MR. FLOUNLACKER: That's all right. And you are 22 still missing those? 23 MRS. DOBBS: Yes, and then up at the top. 24 BY MR. FLOUNLACKER: 25 Q Okay. Go ahead. Page 74 - Page 77 LTTTf'!TS1J0 AT DDTlSLT'1' 1W-%T T7 7?TATAT 10 717_CAA_/l'?r1/1/717_2[12_G1/17 1 LltL? A L ?. i/V 1/i DECEMBER 12,-2005 11.4141 1 MGV Page 78 1 A Yeah, and her front tooth being broke off, 2 chipped off. 3 Q That's on the upper? 4 A Yeah, upper front tooth is kind of temporarily 5 fixed. Down below you see the two were knocked out. 6 Q Yes. The teeth that were knocked out were on the 7 lower? 8 A On the lower left where she has two metal poles, 9 that's where she needs to have teeth in there. Her front 10 tooth was like broke in half, chipped at an angle which 11 they sort of have it temporarily fixed. 12 The jaw, she had Trull. 1 don't know what that 13 really means, but it's the doctor's term, but she has the 14 joint in the jaws, because of the impact of the clipboard 15 jammed the jaw bone in there, causing in a nutshell there's 16 nothing that she'll ever do to get rid of that. She'll 17 have lifelong TMJ problems. There's nothing you can do 18 with that. Once you injure it, it stays like that. 19 The -- due to all her surgeries, her oral 20 surgeries, they had to -- where her two metal rods are, 21 they actually had to cut her open and implant a bracket if 22 you will into her jaw so that her bone would heal where the 23 bone was broken, broken off, and they kept raising the 24 bracket which would then allow more bone to grow and do 25 whatever they had to do to anchor the implants in so that Page 79 1 she can receive implants, but during that whole procedure 2 she got a severe blood infection which then hospitalized 3 her, so she was in Hershey Med. for I think four or five 4 days inpatient because of this blood infection. 5 Then after that because of the blood infection 6 she got put on 1vs, antibiotics, the only way that they 7 would let her come home, which then we had to administer 1v 8 antibiotics at home, I don't know, for like a month, give 9 or take. I can't tell you exactly how long we did that. 10 Q Uh-hum. 11 A But yeah, it just seemed like a never-ending 12 problem after problem, and now we're back to -- you know, 13 we're past the blood infection. We're past the oral 14 surgery. Now we're just to the finish line, if you will, 15 waiting to get the implants put in. 16 Q When was the last time that your wife received 17 any medical care because of any of the problems that she 18 has had as a consequence of the accident? 19 A The anchors, getting the anchors put in, the 20 metal anchors for -- 11 C? hat's in hci- loWLr1- ? .' 22 A Yeah, that's the last I can recall. 23 Q And when was that done, sir? 24 A Oh, you know, I don't honestly recall when it 25 was. I remember what doctor, where it was at. Page 80 1 Q Who was the doctor? 2 A I don't remember his name. I just remember where 3 it was at. 4 Q Where was it at? 5 A Off of St. John's Road in Mechanicsburg. It 6 might have been Camp Hill technically, but that's when we 7 -- whenever he told us, that's where we're going to get the 8 implants done, so he told us how much it will be to get the 9 implant and all that stuff. 10 Q And we are here winding up 2005. 11 A Yes. 12 Q Was that done in 2005? 13 A That's a very good question. I would honestly 14 have to say I think it was. I think it was in this year 15 where we finally got to see him, and he's going to be the 16 one that's going to finish her off, if you will. I think 17 that was this year. 18 Q And other than that, in 2005 do you know whether 19 or not she's received any other care? 20 A I think she might have had some follow-up visits 21 with -- yeah, she had to see Dr. Sabocheck who was the oral 22 surgeon, the one that did the implants and all that stuff. 23 I think she seen him at least once this year. It's just 24 they all run together to me. 25 Since the accident it seems like it was just Page 81 1 every other month give or take we were going to a different 2 place to have something. It was either her TMJ was being 3 looked at or the implants were being looked at. 4 Q When was the last time you remember your wife 5 receiving any treatment for something related to the TMJ? 6 A I honestly can't recall. 7 Q What problems is she currently experiencing to 8 your understanding as a consequence of the TMJ? 9 A Just the pain. I don't know if she's getting 10 swelling in there because of it, but she'll make mention to 11 me my jaw is hurting today or something like that. 12 Q And when she voices that to you, what does she do 13 about it? 14 A Take Tylenol, something to that effect, to try 15 to, you know -- not all the time because she's -- because 16 of other health problems she doesn't like to load up on 17 medicines. 18 Q What do you mean, what other health problems? 19 A She has -- if you'll give me a second here -- 20 Sjogren's syndrome. Don't ask me to how to spell it. 1 Q i:> 11C., 22 A Inflammation of something. I'm out there. 1 23 can't really -- and she has arthritis. 24 Q How does the syndrome affect her? What's it 25 do? tvtuiU-raLgG I.UA_M I h. "%JDDJ DECEMBER 12, 2005 Page 82 1 A Her saliva, I know it affects her, like her eyes 2 don't get enough water, enough moisture. She doesn't have 3 enough moisture in her mouth. She has eye problems because 4 of that. 5 Q Drying out? 6 A Yeah, because of her eyes drying out, she has to 7 take eye drops and stuff like that. 8 Q And because of that it limits her use of Tylenol? 9 A Well, she just has medicine for her arthritis, 10 she has medicine for the eye drops, and she just tries -- 11 she don't like to just -- she don't like to become medicine 12 dependent, if you will, especially going through the whole 13 month of 1v at home and this, that and the other thing. 14 Q Where does the arthritis affect her? 15 A Her joints, it's all over. 16 Q All over. And how -- say around this time here, 17 the end of 2005, how frequently does she voice a complaint 18 to you about problems with her jaw or TW type stuff? 19 A I don't know. I probably hear something maybe 20 once a month or something. I can't really say, you know. 21 It could be a couple times one month. It could go a couple 22 months without me hearing anything. I can't be -- I can't 23 tell you exactly. I don't have like little notes that I 24 kept track of when she did. 25 Q I understand. Now, that status, if you will, Page 83 1 that you have just described, the complaining like that, 2 how long has that been the case? 3 A With her jaw? 4 Q No, with the complaining as to the degree she is 5 now, I think you said once a month or it may go a month 6 when you might not hear something. 7 A It's hit or miss. It's just she has her good 8 periods where, yeah, we could go a few months and she don't 9 bellyache about anything, and then she has her months where 10 the whole month could be a bad month. It's just -- 11 Q And how long has it been that way, since the 12 accident? 13 A Since the accident, so it seems -- it just seems 14 like there was always one thing or another, but she's -- 15 and I might not be the best help with this, because, you 16 know, sometimes I would accuse her of bellyaching, so there 17 are times where I know she's hurting and she's not saying 18 anything just by the way she'll move, the way she's 19 sitting, you know, just different things. Oh, is it 20 bothering you? Yeah. Because I guess I'm not necessarily 21 the most supportive when it comes to -- you know, to my 22 idea of pain and her idea of pain are -- she -- what she 23 deals with on a day-to-day basis I would probably be 24 bellyaching. I went to the emergency room for sunburn, you 25 know, so... Page 84 1 Q Have you noticed since the accident happened 2 until today the problems with her TMJ getting any better? 3 A No, it's still -- it's the same. Like I said, 4 she'll have her good months, and she'll have bad months. 5 It's there. It's not there. 6 Q Is there anything that you are aware of that she 7 might do to exacerbate it or make it worse or trigger a bad 8 period for her? 9 A Well, there was worse periods when she was going 10 through all the oral surgeries when they were in there 11 digging around and when she had her blood infection and all 12 that stuff. It was obviously much worse, but there's 13 nothing that she does now that's day-to-day routine stuff 14 that I could say, oh, well, you drank out of that water 15 bottle and now it hurt your jaw. There's nothing that she 16 does that I can pinpoint that, oh, you did that and that's 17 what caused it. 18 Q How is this -- she has a laceration here on the 19 outside of her lip. Do you know what sort of treatment she 20 received for that? 21 A I think the laceration outside, I think she had 22 stitches in her lip from the accident. 23 Q And after those stitches were removed; do you 24 know whether she went on to receive any other care for her 25 lip? Page 85 1 1 A Not on the outside, not the outside, no, I don't 2 recall anything being done out there. 3 Q Are you aware of any present plans that your wife 4 may have for any additional treatment for her lip? 5 A No, I don't know of anything. That's not high on 6 our priority list right this second. 7 Q Have you discussed anything about it? 8 A What we discussed is her getting her implants put 9 in. That's where we're at. We want to get that done. 10 Q Have you ever had any discussions with your wife 11 regarding anything that might be done to the outside of her 12 lip? 13 A We've discussed about the entire thing, you know, 14 especially like with the chipped tooth up front, on the 15 upper front tooth there, you know. You can look at her 16 tooth and tell it's broke in half. You can see the 17 difference. 18 Q I'm going to talk to you about all those things, 19 and I'm just focussing here on the lip right now. Do you 20 recall having any conversations with your wife specifically 21 regarding future medical care for her lip? 22 A Well, we discussed that she should be put back as 23 best as possible to what she was before the accident, and 24 if that included -- if there was some way, some sort of 25 plastic surgery that could make that scar go away or Page 82 - Page 85 MTCTAFIR AT.RRTC'TAT FOLT7 NATAT.F. 717-540-07M/717-143-51 M DECEMBER 12, 2005 Page 86 1 diminish it, I would love to have that done for her. 2 Q And have you ever talked with her about that? 3 A Yeah, we discussed, like I say, getting her back 4 to what she looked like before the accident. 5 Q Uh-hum. 6 A No nose jobs or anything like that. 7 Q Sympathetic guy. 8 MRS. DOBBS: Yeah. 9 THE WITNESS: No extras. 10 BY MR. FLOUNLACKER: 11 Q You're a corker. The upper teeth, I want to 12 shift gears now to that. Now, what exactly -- you told me, 13 but I forget. What exactly happened to her upper teeth? 14 A Her upper front tooth, by looking at it you can 15 see where it was literally broke in half at an angle. 16 Q You can see that now? 17 A Oh, yeah, you can go over there and look right at 18 it, and they kind of have like a temporary fix to that, but 19 it's unknown at the time if that tooth is going to actually 20 survive at this time or not. 21 MR. FLOUNLACKER: Okay. And which one? 22 MRS. DOBBS: (Indicating.) 23 BY MR. FLOUNLACKER: 24 Q And what about that? 25 A We're not sure on the whole status of that, Page 87 1 because that fix job was just a temporary fix to that 2 tooth, so that it's not obvious when she would smile at 3 somebody that she had a jagged tooth. 4 Q How long after the accident was it that she had 5 the repair to her upper teeth? 6 A That was probably one of the first things that 7 they did. 8 Q Uh-hum. 9 A After obviously making sure the teeth that were 10 knocked out, cleaning that out and suturing that up, then 11 because that was the most noticeable thing, that they did a 12 temporary, and I think it fell off at least once. We lost 13 it. It disconnected, came out. We went back, and they put 14 another one on there. Whatever they did, I don't know what 15 they did to fix it, but that was I think Dr. Sabocheck did 16 this, and that was solely a cosmetic. This is just a 17 temporary fix until we find out what we're going to do to 18 give you a permanent solution. 19 Q And what would the pennanent solution be? 20 A We don't know if they talked about doing some 1 sort o1' - 1 don't rinoA if ii vvas crown or soincthing, a cap 22 that would go over the entire tooth, so that it would be 23 like a real tooth instead of being able to see the crack 24 line, see that they are two different shades of white. 25 Q Is that the problem with it now, the shading or Page 88 1 coloring? 2 A Right. There's nothing that they can do to shade 3 them out to make them the same without either putting like 4 a cap or a crown that would cover the entire tooth or 5 outright removing that tooth all together and doing like 6 what they did for the bottom, putting in an anchor and 7 putting in a fake tooth. 8 Q Since that repair work was done following the 9 accident, are you aware of any other care or treatment your 10 wife has received for those upper teeth? 11 A I don't recall. I can't recall any. 12 Q And 1 think the other area that you mentioned was 13 her lower mouth, the jaw area where she is actually missing 14 a couple of teeth? 15 A Right, on her lower left -- 16 Q Yeah. 17 A -- where the posts are in her mouth now, where 18 she has the two metal posts. 19 Q And what's your understanding about what is to be 20 done or could be done regarding that? 21 A We're to the point now where we just need the 22 actual implant, the fake tooth to be put onto that stem. 23 That's where we're at now. 24 Q And is that what those things are that you see? 25 A Yes, those are stems, yeah. Page 89 1 Q And that's where the tooth will go upon? 2 A Go over top of that and cover that, yes. 3 Q And that's what needs to be done for the lower 4 jaw? 5 A Right. Yeah, she's done with all other surgery 6 for that, and it's just a matter now of finishing off, put 7 the caps on. 8 Q Is that what I saw in the demand package that 9 references the $5,000, is that -- 10 A Yes. 11 Q Does that ring a bell as to the cost projection? 12 A Yes. It's going to cost 5,000 bucks to get those 13 put in. 14 Q So as I understand it here, just bear with me, 15 for an additional $5,000 the crowns, if you will, could be 16 put upon those posts and in your wife's lower jaw, correct? 17 A Correct. 18 Q And otherwise then that would leave the 19 discoloration in the upper tooth? 20 A Correct. :1 n(l the ;car that ;h?: 1.a,; on lzcr 111) 22 A Correct. 23 Q Okay. Would that be accurate? 24 A Yes. 25 Q Okay. mum-rage JL EKK 7 A. DUBBS DECEMBER 12. 2nn5 Page 90 1 A As best as I can. She might have more for 2 you. 3 Q Other than what you have described for me 4 regarding her TM1 and the problems that maybe she will 5 either verbalize or you will see, other than the TM.1, are 6 there any other physical pains or problems that she tells 7 you about or that you see her experiencing because of 8 injuries related to the accident? 9 A Physical? 10 Q Yes. 11 A Other than the Tmi, no, I don't. I don't see 12 anything that like she's complaining of anything. 13 Q So as I understand it then, the future treatment 14 for your wife will include the capping of the posts in the 15 lower jaw? 16 A Uh-hum. 17 Q And maybe something with the upper front teeth? 18 A Right, something more permanent that would make 19 it look more natural. 20 Q Yes. Is that your understanding as to the future 21 treatment she may have? 22 A Yes. 23 Q All right. Does the injuries that your wife 24 received in the accident keep her from doing anything now 25 that she'd like to do? Page 91 1 A Physically or mentally? 2 Q Well, you tell me. 3 A Because physically I can't think of anything that 4 -- obviously chewing's a problem because you are missing 5 two front teeth. You know, I can't -- she can pretty much 6 do everything that she could do before with her mouth, so I 7 don't think there's anything that she can't really do with 8 her mouth, but now on the mental side of the ball game, we 9 got issues there with she's really over sensitive to 10 everything now. If we are on a street, she is looking at 11 manhole covers. 12 Q I see. 13 A If she sees a manhole cover, you better go around 14 that, whether it's level, flush or what. I mean she's just 15 -- she's now over sensitive. Obviously we've learned about 16 having clipboards up front with you, don't do that. She's 17 very sensitive to what we have up front with us. We don't 18 have extra stuff in our vehicles up front. We very rarely 19 will ever let the kids set up front nowadays because of 20 that. 21 Now they say, you know, air bags save you. Well, 22 this is one of those rare incidents where all the damage 23 was done by an air bag. But yeah, mentally it's -- you 24 know, if you are in a parking lot and you are driving 25 around even the cement curbs to go around, it's just see, Page 92 1 takes note, do that kind of stuff now. She's like watch 2 that curb, watch that curb, don't hit the -- just because 3 she knows if that car comes to a stop that could happen 4 again. There could be -- you know, even though she's not 5 holding a clipboard, it's still psychological in her head 6 that it's different. 7 And even like after the accident when we were 8 still house hunting, because we did still go into some 9 other developments that were still under construction, and 10 we would not do much driving through them. We would pull 11 in and park, let's walk, because of that. 12 Q Anything else? 13 A She'll -- she's got the stress of dealing with it 14 sometimes. She'll come home from work. 15 Q What do you mean? 16 A She'll come home from work. You know, people -- 17 people when they see the posts, 20 questions, what's that, 18 why do you have that in your mouth, so it's like she has to 19 relive the accident and explain, because she works in a 20 health clinic, so she has patients all the time, every day, 21 different people, so it's not like you tell the story one 22 time, and now everybody knows what happened. You get 23 different patients every day. Oh, what's that?" I didn't 24 notice that the last time. Well, they've been there for 25 three and half years. You know, well, the posts haven't Page 93 1 been. 2 Q I know. 3 A But it's people will notice how come your tooth's 4 a different color, so that mentally bothers her, and 5 sometimes she'll come home, and she's, look, I had to tell 6 them about it again. It frustrates her that she's not -- 7 three and a half years later she is not back to where she 8 can -- she really can't move on. She can't get past the 9 accident yet because she's still -- it's always being 10 brought up. 11 Q Can you think of anything else? 12 A I think I pretty much hit it all. That's the 13 best I can think of. 14 Q Okay. Your lawyer gave me some numbers I want to 15 run by you here. My understanding is that your 16 out-of-pocket expenses thus far are a little over $4,100. 17 Does that sound about right to you? 18 A Is that including salary? 19 Q No. 20 A Okay. 21 Q This is medical. Wages I have now that you bring 22 it up are a little over $1,000. 23 A See, the wage number is way off. 24 Q Okay. 25 A I would have to see -- I would actually have to Page 90 - Page 93 MUGHFS AT.RRIGHT FOT.T7 WATAT.F 717-54n-(177(1/71 (11 DECEMBER 12- 2005 Page 94 1 see it broken down, but I saw some numbers originally and 2 her -- the amount of her wages, the amount of work that she 3 lost was much higher than that. I don't know if some of 4 those numbers actually got incorporated into out of pocket. 5 Q How long was she off work? 6 A Oh, my goodness, the easiest way that I could 7 explain it was before the accident happened, she had 8 vacation time and she had sick time. During the recup 9 time, if you will, we used up all her vacation time and all 10 her sick time. Everything that she had was used. Then all I I her appointments thereafter were all leave without pay, so 12 without getting her pay stub, I just don't have the 13 information in front of me, but pretty much every hour that 14 she shows on her stubs that was leave without pay was 15 directly related to an appointment for this accident, and 16 it was -- I had it up to like 5, $6,000 worth of straight 17 lost work because she was at an appointment because of 18 this. 19 Q You think that's a more accurate figure? 20 A Oh, yes, absolutely, 5 or $6,000. I could go 21 home and pull out her pay stubs and get you a more firm 22 number to be like right on, if you will. 23 Q Uh-hum. I24 A But so then and because of using up all her 25 vacation time, then we couldn't do a family vacation Page 95 1 really, because she had no time now, because we used it all 2 up because of this. 3 Q How much vacation and sick time did she use 4 because of the accident? 5 A Well, that's a good question. I honestly can't 6 tell you how much she had saved prior to her accident. 7 Q A period of weeks? 8 A But she earns -- back then she was earning eight 9 hours of vacation and eight hours of sick a month, so she 10 was earning two days a month combined, that she was using 11 all that plus leave without pay to get all these 12 appointments in, and then when she got hospitalized for the 13 five days, that killed us financially. 14 But as far as our out-of-pocket expenses, yeah, 15 we had -- our insurance deductible when we got the car 16 fixed, that was out of pocket. And there was other things, 17 but I don't have the outright numbers, but our big concerns 18 are the medical bills. Like for the guy who is going to 19 finish her teeth, we wrote a check for him to do the 20 initial consult, a hundred and some dollars, whatever that 1 was. 22 I mean we got expenses that I don't have in front 23 of me to say just exactly what we spent, but the big, the 24 big things are obviously we need the money to get her 25 finished. We need the lost wages recouped, and that's Page 96 1 where we're at. 2 And, of course, her oral surgeon has never been 3 paid. He did all that work on her, if you will, knowing 4 that some day, and that's -- I don't even know what 5 Dr. Sabocheck is up to. He has got to be somewhere -- 6 $10,000 is probably what we owe him. He has got to be up 7 there somewhere. I don't have the information right in 8 front of me. 9 Q Is she currently taking any medication on a 10 regular basis, prescribed medication? 11 A For the accident or not for the accident? 12 Q For the accident. 13 A I don't think so. I don't think there is 14 anything prescribed for the accident. 15 Q Has she ever been prescribed any sort of oral 16 appliance because of the TMr 17 A There was something that they gave her so she 18 wouldn't like -- I don't recall what it was, but there was 19 something that she did have that prevents her from -- like 20 a mouthpiece or something. 21 Q Yeah. 22 A I don't recall what it was, if it was a 23 retainer-type thing. 24 Q How long did she use that? 25 A I honestly can't even -- I can't recall. I just Page 97 1 remembered her having it. 2 Q For awhile? 3 A Yeah. 4 Q I mean did she stop using it? 5 A Yeah, she doesn't use it now. 6 Q Do you recall the last time that you -- do you 7 recall the last time that she did use an oral appliance or 8 that thing you are describing? 9 A I can't recall. I don't remember when she got 10 it. I just remember she had it because of that, because of 11 the pain, and they wanted her to -- and it could have had 12 something to do with the surgeries they were performing at 13 the time, too, so... 14 Q Do you recall seeing your wife wearing that at 15 all during 2005? 16 A I honestly don't recall. 17 Q Anything else you would like to tell me about how 18 the injuries have or are affecting your wife that we 19 haven't already talked about? 20 A No, I think I pretty much hit them all. I y4R 1.71 w"I.;?C MF R !Tr assu.ninL, vnu cloll't h'tv c 22 questions of him? 23 M.S. STOMBAUGH: No. 24 MR. FLOUNLACKER: Thank you. 25 MR. CROSBY: i don't have any questions either. Multi-Page I Exx Y A. MUIsrss DECEMBER 12, 2005 Page 98 1 (The deposition was concluded at 2:02 p.m.) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 99 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 Terry A. Dobbs. 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questions 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 29th day of December, 2005. 24 25 Diane F. Foltz, RMR Page 98 -Page 99 rTrTnTTV'V AT T)T)Tt-4TTT T7l1T T7 XT A T AT Y-7 -71 -r_sAn_n?)ni71 7_zo1_ri i n1 E ?(kl b& c MICHELE L. DOBBS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 2004-2338 : CIVIL ACTION - LAW TERRY A. DOBBS AND AFFORDABLE BUILDING & CONSTRUCTION CO., DEFENDANTS JURY TRIAL DEMANDED DEPOSITION OF: ALVIN FISHER TAKEN BY: PLAINTIFF BEFORE: DIANE F. FOLTZ, RMR NOTARY PUBLIC DATE: DECEMBER 12, 2005, 10:27 A.M. PLACE: HANDLER, HENNING & ROSENBERG, LLP 1300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: HANDLER, HENNING & ROSENBERG, LLP BY: MATTHEW S. CROSBY, ESQUIRE FOR - PLAINTIFF MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: AMANDA STOMBAUGH, ESQUIRE FOR - DEFENDANT TERRY A. DOBBS THOMAS, THOMAS & HAFER, LLP BY: JOHN FLOUNLACKER, ESQUIRE FOR - DEFENDANT AFFORDABLE BUILDING & CONSTRUCTION CO. STONE, LaFAVER & SHEKLETSKI BY: ELIZABETH B. STONE, ESQUIRE FOR - DEPONENT ALVIN FISHER ALSO PRESENT: MICHELE L. DOBBS TERRY A. DO rvu?n?T n 2080 Linglesrown Road • Suite 103 • Harrisburg, PA .,, ^-,-,n - 7.--- tit-, cAn m11 . '717 101 ti1 n1 Multi-Page TM ALVIN FISHER DECEMBER 12, 2005 Page 2 1 WITNESSES 2 NAME EXAMINATION 3 ALVIN FISHER 4 BY: MR. CROSBY 3,59 5 BY: MS. STOMBAUGH 44 6 7 8 9 10 11 12 13 EXHIBITS 14 FISHER DEPOSITION EXHIBIT PRODUCED AND MARKED 15 1. PHOTOGRAPH 40 16 2. PHOTOGRAPH 51 ?17 18 19 20 21 22 23 24 25 Page 3 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 8 ALVIN FISHER, called as a witness, being duly 9 sworn, testified as follows: 10 EXAMINATION 11 BY MR. CROSBY: 12 Q Mr. Fisher, state your full name, please, and 13 your current address for the record. 14 A Alvin L. Fisher, 30 Joan Drive, York Haven, 15 Pennsylvania, 17370. 16 Q And how long have you resided at that address? 17 A I've been there at that particular address -- 18 approximately last October I moved, just moved there. 19 Q Okay. Have you ever had your deposition taken 20 before, sir? 21 A One time a long time ago. 22 Q Okay. And just generally what was that 23 regarding? 24 A To tell you the truth, I don't even remember. I 25 remember there was a deposition, but I don't honestly Page 4 1 remember. It's been 20 years ago or more. 2 Q All right. Let me just go over some ground rules 3 before we get started to make the process go a little 4 easier. As I'm sure you know, and after speaking with your 5 counsel, a deposition is a question and answer session. I 6 ask the questions. Some other attorneys may ask you 7 questions this morning as well, and you provide us the 8 answers to the best of your ability. Do you understand 9 that? 10 A I do. 11 Q Okay. And you understand you are under oath this 12 morning to tell the truth? 13 A I do. 14 Q You understand that, okay. Sir, make sure that 15 your answers are verbal to all of my questions so that the 16 court reporter will get down an accurate record of what 17 transpires this morning. Can we do that? 18 A Yes, sir. 19 Q Okay. If you don't understand a question I ask 20 or a word I use, it wouldn't be the first time, it won't be 21 the last. Just let me know, and I'll try and rephrase the 22 question. 23 A That's fine. 24 Q Okay. If at any point in time you need to 25 speak with either one of your attorneys, you're free to do Page 5 1 that. Just let us know, and we'll take a short break, all 2 right? 3 A Fine. 4 Q If you do answer my questions, sir, I'm going to 5 assume that the answers are accurate to the best of your 6 knowledge, okay? 7 A That's okay. 8 Q Okay. Sir, do you have any physical or mental 9 condition that would affect your ability to answer the 1 o questions honestly this morning? 11 A Not that I know of. 12 Q Are you on any medication currently? 13 A No, just my high blood pressure medicine. 14 Q And that wouldn't affect your ability to answer 15 my questions this morning? 16 A No. 17 Q Okay. Sir, have you reviewed any documents in 18 anticipation of your deposition this morning? 19 A The first time I seen anything was today, and 20 that was a picture of the manhole. 21 Q Okay. And you haven't reviewed any other 22 documents or photographs other than that? 23 A Never have. 24 Q Okay. Have you spoken with anyone other than 25 your attorneys about this case? Page 2 - Page 5 Page 6 1 A No, I have not. 2 Q Are you currently employed, sir? 3 A I'm self-employed, retired. 4 Q And what do you do? 5 A I have a produce market and a gift shop in Zion 6 View, Pennsylvania. 7 Q And you indicated that you are retired? 8 A Basically, yes. 9 Q You are retired from what, sir? 10 A General construction and farming. 11 Q And what was your last full-time employment 12 before you retired? 13 A Self-employed. 14 Q Okay. With whom? 15 A Myself. 16 Q Okay. What -- 17 A Affordable Building. 18 Q What's the name of the company? 19 A Affordable Building & Construction Company. 20 Q And that's your company; you own that company` 21 A It was my company, yes. 22 Q What happened to it? 23 A Nothing. We are just no longer active. 24 Q And when did you first start that company? 25 A Approximately six, six, seven years ago. I ain't Page 7 1 sure of the exact date. Six to eight years ago. 2 Q So that puts us '98, 1999, somewhere in there? 3 A I would say approximately. I'm not a hundred 4 percent sure. 5 Q And Affordable Building & Construction was 6 incorporated or is incorporated? 7 A Yes. 8 Q Okay. And can you give me an idea of what that 9 company did while it was in existence? 10 A Well, we put a few modular homes up, and I owned i l a development, and we put in some improvements such as 12 developing of the land. 13 Q Okay. So you put up a few modular homes. Were 14 all of those modular homes that you put up in the 15 development that you owned? 16 A Not in that development, no. None of them was in 17 there. I sold all that land to another construction 18 company that built all the homes in there. 19 Q Okay. And is that the development where this 20 accident took place? 21 A That's correct. 22 Q What's the name; of that development? 23 A Grandview Acres, Phase 3, 2 and 3. It was two 24 different phases. 25 Q How many phases all together were there? Page 8 1 A Three. 2 Q Okay. And did you own all of that land in 3 Grandview Acres? 4 A I did at one time, yes. 5 Q Even Phase I? 6 A Yes. 7 Q And you sold that land to whom? 8 A Oakwood Homes, Incorporated, out of Mount Joy, 9 Penns ylvania. 10 Q And how would you sell that land? Would you sell 1 l that land in individual lots or -- 12 A No, I sold the whole phase at one time. 13 Q Okay. And when did you sell Phase I? 14 A I'll tell you the truth, I don't remember the 15 exact date, because it's been several years ago, and it was 16 prior to this, this accident. 17 Q Okay. You sold Phase 1 before this accident? 18 A Right. 19 Q Sometime before -- 20 A Or sometime approximately that same time. 21 Q Okay. Can you give me an idea of when you sold 22 Phase 1? Was it -- can you give me a year? 23 A I honestly don't remember the exact year. I'm 24 not m aking up a date just to guess at it. 25 Q Okay. This accident took place on June 9th, Page 9 1 2002. Do you -- 2 A It was in 2001 then that it was sold prior with a 3 commitment to do this. 4 Q Okay. So you sold Phase 1 sometime in 2001? 5 A I'd say approximately 2001. I'm -- 6 Q And how many lots were in Phase 1? 7 A There was a total -- the first couple of lots 8 that was sold was out on the entrance to the development, 9 two lots at one time, and then the rest of it was about 28 10 lots. Then the last was approximately 12 lots. 11 Q Okay. Let's backtrack here. How many lots total 12 were in -- 13 A 44. 14 Q -- Phase 1? 44. 15 MR. FLOUNLACKER: Make sure he finishes before 16 you answer. 17 BY MR. CROSBY: 18 Q Yes. Make sure I complete my question before -- 19 A I'm sorry. I thought that was what you were 20 going to ask, so I shouldn't have anticipated that. 21 MR. FLOU LACKER: You shouldn't have. 22 BY MR. CROSBY: 23 Q What you are going to find is that you'll 24 anticipate where I'm going with my questions, and that's 25 fine, but just wait until -- °age6-Page 9 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 Multi-Page' ALVIN FISHER UJt UbAdBEK 12.2005 Page 10 1 A I Will. 2 Q You did it again. Just wait until the question 3 is over before you answer, and the reason for that is just 4 so that we get a clear record of what was said, because the 5 court reporter can't take down two people talking at the 6 same time, so just hold back on the answer until I finish 7 my question, and we'll remind you as we go along here, 8 okay? 9 A (Nods head up and down.) 10 Q Do you understand that? 11 A It's okay to talk now? 12 Q Yes. Okay. 44 lots in Phase 1, and it sounds 13 like from your prior testimony that you sold those 44 lots 14 in three separate groups; is that fair? 15 A That's correct. 16 Q Okay. You sold two lots at the entrance, yes? 17 A Yes. 18 Q And then you sold 28 lots? 19 A Approximately 28. 20 Q Okay. And then you sold approximately 12 lots? 21 A That's correct, as far as the best of my 22 knowledge at this point without reviewing it. 23 Q And were all of those lots sold to Oakwood Homes? 24 A That is correct. 25 Q Okay. And were all of those lots sold before the Page 12 1 BY MR. CROSBY: 2 Q When we talk about Phase 1, are we talking 3 about the two lots at the entrance? 4 A That's correct. 5 Q So Phase 1 just involved two lots? 6 A That's correct. 7 Q Phase 2 involved approximately 28? 8 A That's correct. 9 Q And Phase 3 involved approximately 12 lots? 10 A That's correct. 11 Q Okay. 12 A I'm not exactly sure of the exact count, but it's 13 real close to that. 14 Q Approximately. And we believe again just for my 15 own purposes here that Phase 1 and 2 were sold before the 16 date of this crash? 17 A I'm sure they were. 18 Q Okay. And Phase 3, when was that sold, before or 19 after this? 20 A That was sold after. 21 Q Okay. I assume, sir, that you are familiar with 22 North Crest Drive? 23 A Yes, sir. 24 Q Okay. And is that the road -- does that road go 25 through Grandview Acres? Page 11 Page 131 1 date of this accident, June 9, 2002? 1 A That's correct. 2 A Not all of them. The first two phases would have 2 Q Okay. Are there any other roadways in Grandview 3 been but not the last phase, not the last 12 or 3 Acres? 4 approximately 12. 4 A No, sir. 5 Q Okay. Is it fair to say that Phase 1 and Phase 5 Q Is there any other way in or out of Grandview 6 2, all of the lots associated with those phases were sold 6 Acres other than North Crest Drive? 7 to Oakwood Homes before the date of this crash? 7 A Yes, sir, off of Long Road and Midway Road. 8 A That's correct. 8 Midway was the only entrance in at that time. 9 Q And when I say -- 9 Q At what time? 10 A At least sold or under option. 10 A The time of the accident. 11 Q Okay. Let me ask it this way. Do you have 11 Q Okay. 12 records of when those sales to Oakwood Homes became final? 12 A Unless you drove through the field. 13 A I can get them. I don't have them in my 13 Q Don't want to do that. Okay. So the only way to 14 immediate possession. 14 access Grandview Acres at the time of this crash was via 15 Q Please go ahead and get those records and provide 15 Midway Road? 16 those to your attorney, okay? 16 A That's correct. 17 A (Nods head up and down.) 17 Q All right. In June of '02, about the time of 18 Q Yes? 18 this accident, do you know how many homes were built in the 19 A I can have copies of the settlement sheets, or I 19 subdivision? 20 can get them. 20 A I'd say approximately six or eight. I'm not a 21 Q You can do that for me? 21 hundred percent sure at that time. 22 A Yes. 22 Q And are there currently approximately 44 homes on 23 MR. FLOUNLACKER: Matt, would you put that 23 that site? 24 request in writing to me so I don't forget about it? 24 A Every lot is filled now, yes, sir. 25 MR. CROSBY: Sure. 25 Q And is it fair to assume that Oakwood Homes was Page 10 - Page 13 LL'?.L'1V1?L'1? 1L7 GVVJ Page 14 Page 16 1 the only builder in that subdivision? 1 retention pond? 2 A There was one other lot I sold individually, and 2 THE WITNESS: What's that? That's the one with 3 1 forget the builder's name. One lot in there he bought 3 the retention pond and under the power line. 4 only. 4 MR. FLOUNLACKER: All right. 5 Q Okay. And you don't recall that builder's name? 5 BY MR. CROSBY: 6 A No, I don't. I don't remember his name. 6 Q Can you tell me, sir, when the initial work on 7 Q Is that information that you can find out for us 7 the infrastructure of the subdivision was started? 8 as well? 8 A I don't recall the exact day, but I'd say it was 9 A I can find out. 9 in 2001, approximately either 2000 or 2001, the entrances 10 Q And just let your attorney know that information, 10 only, because that was the only land that was approved at i i okay? 11 that time, just the two frontage lots which was on Midway 12 A Right. 12 Road. 13 Q And when we're talking about the sale of 13 Q Okay. And can you just -- I'm construction dumb, 14 property, we're talking about the individual lots 14 so deal with me. Can you give me an idea of this process, 15 themselves, right? 15 how the process of a subdivision -- 16 A Well, I guess I don't understand your question. 16 A Well, first of all, you put in all your utilities 17 Q Fair enough. You have already testified that you 17 underground. 18 sold Phase 1 and Phase 2 prior to the date of this crash? 18 Q Okay. 19 A That's correct. 19 A Then after that's done, you backfill it, and you 20 Q Okay. And when you say you sold Phase 1 and 20 tamp your roads and roll the roads in preparation for the 21 Phase 2, we're talking about the sale of lots; is that 21 township engineer to come out and inspect and proof roll 22 correct? 22 , and by proof rolling I mean they have a loaded truck, 23 A That's correct. It was a subdivision, approved 23 approximately 25 ton, that you drive up and down the side 24 subdivision, or I could not have sold individual lots, yes. 24 of the roads, around the manholes and everything and this 25 Q And as I understand it, the builder buys the lot 25 cannot have more than a variance of whatever their amount Page 15 Page 17 1 from you and then sells the lot and builds on that lot; is 1 is, I don't know, of sinkage, so to speak. 2 that how that works? 2 At the time it's blacktopped, they have, meaning 3 A Yes, sir. 3 the township, has an engineer that they send out to the 4 Q Affordable Building was incorporated you 4 site, and he remains on the site along with observing the 5 testified to, right? 5 proof rolling and all the preparation for laying of the 6 A What's that? 6 blacktop. 7 Q It was incorporated? 7 Then your blacktop crew, whoever or whatever, 8 A Yes. 8 comes out, and they give them the green light to actually 9 Q Okay. Who are the shareholders? 9 start to lay the blacktop, and at that point you put down a 10 A Myself. 10 one coarse, approximately four inches of base material. 11 Q That's it? I 1 It's compacted to four inches with a ten or fifteen ton 12 A That's it. 12 roller compacting this blacktop, and during that time the 13 Q Okay. What are the average lot sizes in this 13 manholes are normally left out a minimum amount which they 14 subdivision? 14 approve around the covers for a final cover until such time 15 A Approximately 75 by 125 or 80 by 125. There 15 as the final coat is put in place. And at that time in all 16 was a couple of larger lots that was residual pieces of 16 the developments that I've been developing for 50 years, 17 land. 17 it's all been done that way, and if you go in any new 18 Q Okay. Any open space lots in the subdivision? 18 developments they're all observed that way. You always see 19 A No, there's one large lot that's under the power 19 a little reveal above the roadway, meaning for a topcoat of 20 line with a retention pond, a seven-acre lot. 20 blacktop, and that was all properly done, properly 21 Q Are there any homes on that one? 21 inspected, and I had no knowledge of any problems 22 A No, that's the only one that's not built on. 1 22 Q Okay Who -- we're talking about Newberry ?3 would take that back. There's one lot that's not built on 23 Township is it? A which is lot 29, 7-acre lot, but Oakwood Homes owns it. 24 A That's correct. ?5 MR. FLOUNLACKER: Is that the one with the 25 Q Who was the engineer from there -- 'age 14 - Page 17 HUGHES ALBRIGHT FOLTZ NATALE 717-540-02201717-393-5101 Multi-Page TM ALVIN FISHER DECEMBER 12, 2005 Page 18 1 A Peononi Associates. 2 Q Okay. Let me just finish the question, okay? 3 You're doing a pretty good job. Who was the engineer 4 from Newberry Township that came out and inspected the 5 roadway? 6 A I don't remember his name at the time, but Mark 7 Brunick was, I think, the one from Peononi Associates, Mark 8 Brunick or their representative. I'm not a hundred percent 9 sure who stood on the job while the work was being 10 performed. 11 Q Okay. But someone from Peononi Associates -- 12 A That is correct. 13 Q -- was representing the township? 14 A That's correct. 15 Q Okay. And I assume that's an engineering firm? 16 A That is correct. 17 Q Okay. 18 A Top shelf one. 19 Q Okay. Who puts the utilities under the ground? 20 A We did. 21 Q When you say we -- 22 A My own crew. 23 Q With Affordable Construction? 24 A That's correct. 25 Q These were employees of the company? Page 19 1 A That's my stepson, yes, employees of the company 2 at the time. 3 Q I'm sorry. You said -- 4 A Employees of the company. 5 Q Stepson you said? 6 A Stepson, yes. 7 Q Your stepson was part of that crew? 8 A Yes. 9 Q What's his name? 10 A What's that? 11 Q What's his name? 12 A James Chapman. I'll take that back. I ain't 13 sure if he worked for me at that particular moment. It 14 goes back, and he's been working for me for several years, 15 but I'm not sure. He had a year off in between there that 16 he worked for another outfit. 17 Q That's C-h-a-t-m-a-n? 18 A C-h-a-p-m-a-n. 19 Q And James is the first name? 20 A James. 21 Q Where does James currently reside? 22 A Butter Road, York, Pennsylvania. 23 Q Do you know the address? 24 A I don't know the exact number. 25 Q Do you know any other individuals from your Page 20 1 company that worked on the utilities? 2 A Brian Bennett. 3 Q Okay. And do you know where Mr. Bennett resides? 4 A No, I don't at this time. 5 Q Is it in York? 6 A York Haven, I think. 7 Q Okay. All right. Any other employees that 8 worked on the -- 9 A There was -- we only had two or three, you know, 10 employees working at the time, and I'm not sure. I don't 11 remember without recollecting who else helped. 12 Q Okay. And would you have somewhere a record of 13 your employees who were working back in June of '02? 14 A I should have. I think at the time Ernie 15 Buckleu, Ernest Buckleu also was sort of the manager at 16 that time. 17 Q Okay. How do you spell his name 18 A Ernest B-u-c-k-l-e-u, Buckleu. 19 Q Do you know where Ernest currently lives? 20 A He's in Kentucky. I don't know his address. 21 Q Kentucky, okay. What kind of other things would 22 these employees do for you back in June of '02? 23 A General construction. 24 Q Would they build homes? 25 A No. They were primarily working on this type Page 21 1 work. 2 Q Did your employees have any responsibilities with 3 respect to laying the road, the pavement, anything like 4 that? 5 A No, they did not. 6 Q They would just do the utility work underground? 7 A That's correct. 8 Q Whose responsibility was it to backfill and roll 9 as you said the North Crest Drive? 10 A We prepared it, and then the paving company did 11 the final preparation for the proof rolling. 12 Q When you say we prepared it, what did you 13 actually do? 14 A We put the stone base down and had it ready, and 15 we drove the truck through after it was being ready to test 16 it for putting the blacktop down. 17 Q And who actually put the blacktop down? 18 A Boyd Diller & Sons up in Enola. 19 Q B-o-y-d? 20 A Boyd Diller, yes. 21 Q And do you know when they did that, sir? 22 A In early 2002 or 2001. I'm not a hundred percent 23 sure on the date of that either. 24 Q And you used the word earlier backfill. When you 25 use that term are you talking about the stones that are put Page 18 - Page 21 iii/vL1?iLL1\ 1L? Z VVJ I Page 22 Page 24 1 down on the road before paving? 2 A Oh, backfilling would mean if you put a pipe in 3 and you tamp each lift, meaning as you put the pipe in, we 4 had to have the engineer there as well. You lay a pipe, 5 and then you put it down, and you have a special tamper on 6 the machine that vibrates and pats all this down into where 7 it doesn't settle or shouldn't settle at all or do 8 anything. 9 Q Okay. So your crew preps the roadway for 10 pavement? 11 A As far as putting the stone down. We don't do 12 the final proof rolling and testing as far as of placing of 13 the blacktop and getting it ready. 14 Q That's -- 15 A Meaning -- 16 Q That's Boyd Diller & Son? 17 A That's correct. They rolled it and did the final 18 prep. 19 Q Okay. And again, explain for me from start to 20 finish what Boyd Diller & Sons did with respect to North 21 Crest Drive. 22 A Well, they basically come in when the engineer 23 was engaged to do the blacktopping. The engineers was on 24 site the entire time that the process was done from the 25 time of proof rolling, meaning making sure everything was Page 23 1 in place properly, and at that time they followed up by 2 putting the blacktop down and rolling that as per also the 3 specs and specifications that the township called for. 4 Q Okay. What's proof rolling? 5 A Proof rolling is to make sure that there's no 6 sinkage in anything that's underneath what you pack down. 7 Q Is there -- go ahead. I'm sorry. 8 A It's to prove that there's no sinkage. If there 9 was a soft spot or anything shows up, any variance of I 10 think it's a half inch or thereabouts, they make you dig it 11 out and retamp it and put it back in the proper way which 12 was all done and supervised. 13 Q Is this a piece of equipment that rolls along the 14 roadway? 15 A Yes, sir. The final is done with a roller and a 16 heavy ton vibrator. It makes noise, and it shakes t 7 everything down and repacks everything. When you're t8 backfilling you do it with a tamper plate that's on your .9 backhoe or your machine that has a plate about yea wide '.0 (indicating), and you set it in the ditch, and that pats it ' 1 down until it's so solid that there's no chances for any .2 additional compaction. 3 Q Okay. So we have the proof rolling that's done. 4 Is that done after the pavement is put down? 5 A The proof rolling is done prior to the paving. 1 Q Okay. 2 A That's when we have -- it's compacted after the 3 blacktop is done as well. 4 Q So when we have the proof rolling that's with 5 dirt? 6 A Stone base. 7 Q Stone base? 8 A And dirt. In other words, the dirt is under the 9 stone, and the stone, six inches of stone is compacted on 10 top of the dirt. II Q Okay. 12 A And that's compacted so tight that there's no 13 chances for any sinkage or variation. 14 Q Okay. And then we have a proof rolling? 15 A The proof roll, yes. After you put your stone 16 down, then it's proof rolled -- 17 Q Okay. 18 A -- tamped, and after that then the blacktop is 19 put down, and then that's rolled. 20 Q Okay. Is there anything done after that's 21 rolled? 22 A Drive on it. 23 Q Okay. Was North Crest Drive ever paved -- 24 A No. 25 Q Let me finish my question. Was North Crest Drive Page 2 S 1 ever paved again after that initial process that we just 2 talked about? 3 A No. The only thing that was done, instead of 4 letting a reveal since it wasn't ready to be paved and I 5 never looked at it, I just had asked somebody to make sure 6 that it was rounded out around the manholes, so that since 7 there was a problem here that I heard of, I didn't want 8 there to be a second problem if there was any reason that 9 we caused it. 10 Q Okay. But that was the only additional paving -- 1 I A That's -- 12 Q Let me -- you're doing okay. That was the only 13 additional paving that was done after that initial laying 14 of the road? 15 A Yes, sir, other than driveways and getting in and 16 out of the driveways. 17 Q Okay. And that additional pavement work was done 18 after this accident? 19 A That's correct. 20 Q How soon after? 21 A Probably two months after I learned of it. 22 Q Okay. When did you fir.si learn of it? 23 A Probably two or three months afterwards. 24 Q Okay. How -- 25 A Because I didn't even know of an accident. age 22 -Page 25 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 t o Multi-Page ALVIN FISHER DECEMBER 12, 2005 Page 26 1 Nobody ever contacted me or nothing. 2 Q How did you first learn of it? 3 A I don't even remember. Somebody called and said 4 somebody hit a manhole, and that's the only thing I ever 5 heard period. 6 Q Okay. And what did you do after you got that 7 call? 8 A Well, that was shortly thereafter. I took a look 9 at it, and it was the same way it had been before, and put 10 a light layer of blacktop around the manhole. 11 Q So after you looked at the manhole that was 12 involved in this incident, you had some additional pavement 13 put down? 14 A Well, if -- if you're in a position where you 15 have somebody have an accident, regardless of whose fault, 16 whether it's a low riding car or whatever, you would 17 definitely try not to have a second one, and I didn't know 18 there was a problem, and I didn't feel there should have 19 been a problem if they would have been driving sensibly and 20 everything in there, because there never was a problem in 21 there, and it was open for a long time before, and a lot of 22 traffic going in there. 23 Q And who did that additional surface work on the 24 roadway? 25 A I think one of our guys picked a little blacktop Page 27 1 up and just placed it in that area. 2 Q And do you know who that was that did that? 3 A I don't remember. 4 Q Would you have a record of that, sir, anywhere in 5 your books? 6 A I wouldn't know if I would or not at this point 7 since it's so long ago. 8 Q If that was probably done in you say 9 approximately two to three months, so we're saying August, 10 September, somewhere in there of 2002? 11 A I would think it was in the fall of the year 12 after I had learned of it. 13 Q Okay. 14 A Just -- 15 Q And do you know if your stepson was employed with 16 the company at that time? 17 A Yes, but I don't think he did it. 18 Q Okay. Do you know if Ernest Buckleu was employed 19 with the -- 20 A No, he was not. He was already out in -- or 21 shortly thereafter he left to go to Kentucky. 22 Q So we're not sure if he was -- 23 A I'm not sure. 24 Q Can you recall the name of any other 25 employees who were working for you in August, September o Page 28 1 2002? 2 A That's the only ones that I can recall is that. 3 Q Okay. Do you have any record, sir, of who your 4 employees were in August, September of 2002? 5 A I should have. I don't know where they're at. 6 Like I said, it's been all but five years ago. 7 Q All right. 8 A Four years. 9 Q And can you provide that information to your 10 attorney? 11 A I'll try, yes. 12 Q When in this process of building this road, sir, 13 is the manhole cover actually placed on top of that? 14 A Prior to doing any blacktopping. 15 Q Okay. And who places the cover on top of the -- 16 A Well, we, we place the cover on there, and if you 17 hit it hard enough to set an air bag off, I' m sure the 18 cover would be knocked out of place, and I know that was 19 not done. 20 Q So the cover was placed on by Affordable -- 21 A That's correct. 22 Q -- Construction? 23 A Before the blacktopping was done. 24 Q But that's not something the paving company would 25 do? Page 291 1 A No, he didn't do that. 2 Q When was North Crest Drive dedicated to the 3 township? 4 A It's not been dedicated yet. 5 Q Is that normal? 6 A No, it's not normal, but the builder that got in 7 there tore up a bunch of the curbs, and some of the curbs 8 have to be replaced prior to putting it down, and I haven't 9 got that done, and I wasn't going to do it as long as there 10 was construction in this project. 11 Q Okay. The construction has ended though? 12 A Finishing up all the houses, because when you 13 drive in there with equipment or didn't have a driveway, 14 what happened that they screwed up the curbs was they put 15 driveways in at locations other than the curb cuts. It was 16 a raised curb, and you put a curb cut where the driveway 17 goes in. Well, they didn't build a house that suited the 18 curb cuts, so instead of them properly doing it which I 19 wound up having to do prior to black-topping, they laid 20 concrete on top of the cut instead of digging it down to 21 base. 22 Q What's the normal timeframe for dedicating a 23 roadway? 24 A There's no time. You have to bond it and keep it 25 bonded as long as you want to. Page 26 - Page 29 vi,%_Jr,1VJ.Dr1t 1L, LUV, Page 30 1 MR. CROSBY: Okay. 2 MR. FLOUNLACKER: Can we just take a quick break? 3 MR. CROSBY: Sure. 4 (Recess from 11:01 a.m. to 11:04 a.m.) 5 (Question and answer read.) 6 BY MR. CROSBY: 7 Q Who was North Crest Drive bonded with? 8 A Oh, it was bonded with Commerce Bank -- 9 Q And still is? 10 A -- at that time. Now it's bonded with M & T i l Bank. Not M & T. Mid Penn Bank. It's Mid Penn Bank. 12 Q And there are no requirements as far as you know 13 with the township that the road be dedicated by a certain 14 time period? 15 A No. 16 Q What's your understanding of what happens when a 17 roadway is dedicated to the township? 18 A Well, the township at that time assumes all 19 responsibility of snow removal and so forth, maintenance. 20 Q And whose responsibility is the roadway prior to 21 that? 22 A The developer. 23 Q You -- 24 A Prior to bonding. I mean prior to taking over. 25 Q Prior to dedicating the road to the township? Page 31 l A Right. 2 Q Yes? 3 A That's correct. 4 Q Oakwood Homes, who owns Oakwood Homes? 5 A Doug Zook. 6 Q Z-u-c-h? 7 A Z-o-o-k. 8 Q I'm sorry? 9 A Douglas Z-o-o-k. 10 Q And did he own Oakwood Homes at the time of this 11 accident? 12 A I'm sure he owned lots. I don't think Oakwood 13 Homes. He owned the development, the name and all. 14 Q Sir, what is your understanding of what your 15 responsibilities were with respect to North Crest Drive at 16 the time of this crash? 17 A Would you please rephrase the question? 18 Q Sure. What's your understanding of what your 19 responsibilities were for North Crest Drive, for the 20 roadway itself at the time of this crash? 21 A Just complete the site work so that you would 22 have an approved subdivision plan to be able to get 23 building permits. 24 Q Okay. Any other responsibilities? 25 A No, not once you sell the lots, you have no Page 32 1 further responsibilities as far as that's concerned, if 2 it's an approved situation. 3 Q Do you have a responsibility to maintain the 4 condition of the roadway? 5 A Not really, not really. 6 Q Who would be responsible for that? 7 A Well, that's what the bonding's for. If anything 8 goes wrong with it, that's what the bonding would be for, 9 if you didn't -- if you had any problems. 10 Q Okay. Explain that tome. 11 A Well, if there was any problems and you used -- 12 and the township come back and said that you didn't do this 13 or that, they'd take your money out of the bonding and 14 repair it. 15 Q Let's assume there's a five-foot pothole on North 16 Crest Drive. What's your understanding of whose 17 responsibility it would be to repair that? 18 A It would be the developer as long as it hadn't 19 been taken over. 20 Q As long as it hadn't been dedicated? 21 A That's correct. 22 Q Prior to this crash, say the year prior to the 23 crash, was there any regular maintenance schedule in place. 24 to maintain North Crest Drive? 25 A I don't know of anybody that's ever put any in Page 3 3 1 place. 2 Q Who was responsible for snow removal on North 3 Crest Drive? 4 A The developer is as long as it's not dedicated. 5 Q And again that developer is you? 6 A Well, actually the man that would be responsible 7 for it would be the builder after he built it, but I'm not 8 a hundred percent sure whose that would be. I always 9 plowed it, but it would be actually the owner of the 1 o development at the point if he bought it all, and he did 11 buy it all. 12 Q When you say he bought it all -- 13 A All the development, every lot except the one. 14 Q Okay. And do we know when he bought it all? 15 A I think I did recollect prior to the accident, 16 and I'm not exactly sure, and I was going to get that for 17 you. 18 MR. CROSBY: All right. 19 MR. FLOUNLACKER: That was the first or second 20 thing you asked him to look into. 21 MR. CROSBY: All right. 22 BY MR. CROSBY 23 Q Is it your testimony, sir, that you take care of 24 the snow removal on North Crest Drive? 25 A Yes, sir, I have plowed it. 'age 30 - Page 33 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 Multi-Page" ALVIN FISHER DECEMBER 12, 2005 Page 34 1 Q If it were to snow tomorrow, who would plow North 2 Crest Drive? 3 A I would plow it. 4 Q Okay. 5 A And I have never had a problem with even hitting 6 it with a snow plow that rides on the ground. 7 Q And that's -- you do that in your personal pickup 8 truck or something? 9 A Not my personal, but I have a pickup truck that I 10 plow with, yes, and I do some other plowing as well. 11 Q And we just had eight inches of snow last week. 12 Did you plow North Crest Drive? 13 A Yes, sir. Not personally. 14 Q Okay. That's -- that was a bad question. Who 15 plowed North Crest Drive last week? 16 A My stepson. 17 Q Okay. And is he still employed with Affordable 18 Construction? 19 A No, Affordable is really inactive. I have done 20 nothing in Affordable this past year. 21 Q Where is your stepson currently employed? 22 A He is employed by Fisher Farm Market, Inc. 23 Q That's your market? 24 A Right. 25 Q And your testimony is, sir, after the initial Page 35 1 road work was or after the roadway was initially surfaced, 2 there was no resurfacing done until after this crash? 3 A The only thing that was done was that put around 4 where the inch and a half reveal was to build it up even. 5 Q And there has been no additional -- 6 A No additional, nothing. 7 Q -- resurfacing? 8 A Nothing. 9 Q Sir, did you have a contract with the paving 10 company to perform the work that they did, a written jII contract? 12 A I'm not a hundred percent sure. I know the 13 bank paid them out, wrote a check out to them, and I'm -- 14 if I do, I don't know where it's at at this moment, but I 15 had I know a verbal contract to do it. They come in and 16 did it, and we paid them, and that was the last I heard of 17 them. j 18 Q Okay. Let's talk a little bit again about the 19 layout of North Crest Drive. You said earlier the 20 connecting road was Midway? 21 A Midway, yes. 22 Q Okay. And how long is North Crest Drive? How 23 long does it run? 24 A North Crest Drive is approximately 2,100 feet 25 total from one end to the other. Page 36 1 1 Q Okay. And was it 2,100 feet back in June of 2 2000? 3 A No. The first phase was only approximately 1300 4 feet. 5 Q Okay. 6 A Give or take a few feet. I'm not a hundred 7 percent sure, but the first phase was not out to Long Road. 8 Q Do you know how wide the road is? 9 A 28 feet I'm sure. At least that's what I 10 recollect it to be. 11 Q And does North Crest run east/west, north/south, 12 or don't you know? 13 A I guess it would be north and south. I don't 14 know. I'm not a hundred percent sure. I'm not very good 15 at directions. 16 Q Okay. That's fair. It's your -- it was your 17 subdivision. I assume that you traveled North Crest Drive 18 fairly frequently? 19 A Often. Well, not real often after I sold it. I 20 didn't go in there that often after that. 21 Q How about in June of 2002, how often? 22 A After I sold it I wasn't in there at all because 23 he was building on it and had full control. 24 Q Can you give me an idea how much you were -- 25 A Maybe -- Page 37 1 MR. FLOUNL.ACKER: Just how often he did when? 2 BY MR. CROSBY: 3 Q Can you give me an idea of how often you drove on 4 North Crest Drive say in the springtime of 2002? 5 A Maybe eight or ten times. 6 Q A year, a month, a week? 7 A I'd say a couple of times. I'd say that would be 8 a month at the most. 9 Q So eight to ten times a month approximately? 10 A Right. At the -- well, that would be 11 approximate. 12 Q Okay. And what type of vehicle did you drive 13 back in the spring of 2002? 14 A I usually had four-wheel drives, never had a 15 particular one. I have had cars, but very seldom I drove 16 the car. I drove four-wheel drives. 17 Q What's the speed limit on North Crest Drive? 18 A It had no speed limit posted. I don't know what 19 it would be. I guess it's as fast or slow as you want to 20 go up to the speed limit. 21 Q Which was? 22 A 65 on the highways. 23 Q Is there any speed limit sign posted currently on 24 North Crest Drive? 25 A No, not that I know of. Page 34 - Page 37 ili:t.Li1r1?L'1? 14, LVVJ Page 38 1 Q Was it unusual, sir, for vehicles to be parked 2 along the road back in the spring, summer of 2002 on North 3 Crest Drive? 4 A I don't know. I know they park on the road. 5 They're not supposed to, and how you do it, I have no idea 6 at that time. 7 Q You say they're not supposed to park on the 8 roadway? 9 A Right. 10 Q Where do you get that from? 11 A Well, that's the township ordinance. That's why 12 you have two spaces for each lot. 13 Q Okay. The township ordinance says you're not 14 permitted to park on the road? 15 A Right. 16 Q Okay. And are there any signs posted on North 17 Crest -- strike that. Back in the spring, summer of 2002, 18 were there any signs posted along North Crest Drive 19 indicating that no parking was permitted? 20 A To the best of my knowledge, no. 21 Q Are there any signs there now indicating that? 22 A Not that I know of. 23 Q Were there any speed bumps along North Crest 24 Drive back in the spring, summer of 2002? 25 A No. Page 39 1 Q What's your understanding, sir, of what happened 2 in this accident? 3 A I don't know. I never heard what happened or how 4 it happened. 5 Q Okay. 6 A Other than I heard that just recently that the 7 fellow that was driving apparently agreed that he was 8 driving pretty fast and could have possibly --if I come up 9 on a bump, it could be resistance that you would 10 automatically hit. 11 Q Well, obviously you learned that something had 12 happened because you went out there and you did -- you 13 ordered some work to be done around the manhole? 14 A That was after the fact. That's all I heard, 15 that somebody hit the manhole, and that's all I ever heard. 16 These people never got ahold of me or contacted me 17 whatsoever. 18 Q Did anyone suggest or advise you that to go out 19 and do that repair work around the manhole cover? 20 A No. 21 Q That was your decision alone? 22 A Right, After -- I know that 1 don't want 23 something to happen the second time. After I heard there 24 was an accident, I certainly would try to protect it. 25 Q Were any signs or warning notices put up at or Page 40 1 around the manhole cover after this crash? 2 A Not that I was aware of. 3 Q Any orange cones or orange paint anywhere? 4 A Not that I had anything to do with and I know of. 5 Q How about before the crash, any signs or cones or 6 flares or any warning around the manhole cover? 7 A Not that I know of, 8 Q Did you ever go out to the area of the manhole 9 cover after the crash and take any photographs? 10 A No, I did not. 11 Q Okay. Did you ever go out to the area of the 12 manhole cover after the crash and take any measurements? 13 A No. 14 Q Okay. Did you contact anyone at Newberry 15 Township regarding the manhole cover? 16 A No. 17 Q Have you given any recorded statements to an 18 insurance company? 19 A No. 20 MR. CROSBY: Let me show you a photograph, sir, 21 and we'll mark that as Fisher Exhibit 1. 22 (Photograph produced and marked Fisher Deposition 23 Exhibit No. 1.) 24 BY MR. CROSBY: 25 Q Is that North Crest Drive, sir? Page 41] 1 A Yes. 2 Q And I see in that photograph there appears to be 3 a roadway maybe about 50 yards down from the manhole. is 4 that a road there, or is that just a driveway or -- 5 MR. FLOUNLACKER: Where are you at? 6 THE wITNESs: To the left there by the dumpster. 7 BY MR. CROSBY: 8 Q Behind the dumpster? 9 A There's no roadway there, no. 10 Q What happens if I'm to keep traveling the 11 direction that this photograph is taken, what happens if 1 12 keep traveling`? 13 A You go to a dead end at the time down there -- 14 Q Okay. 15 A -- at the foot of the hill. 16 Q All right. There's no way to exit the 17 neighborhood if you kept traveling in the direction the 18 photograph is taken? 19 A At that time, like I said, you go through the 20 field. Now there is. 21 Q Okay. But at the time of the accident there was 22 not'? 23 A Right. 24 Q Do you know who would have placed that dumpster 25 that's indicated in the photograph there? 'age 38 - Page 41 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 Multi-Page rM ALVIN FISHER DECEMBER 12, 2005 Page 42 1 A Oakwood Homes. 2 Q Were they permitted to put dumpsters on the 3 roadway? 4 A Not really. 5 Q What -- 6 A That was supposed to be open, too. They had 7 their own lots to put it on, but they didn't. They 8 controlled it. 9 Q Did you have any discussions with anyone at 10 Oakwood Homes to move the dumpsters? 11 A No, I had no reason, because I wasn't in control 12 of developing it. 13 Q Okay. Before this accident did you or anyone at 14 Affordable Construction receive any complaints about the 15 condition of North Crest Drive? 16 A No. 17 Q Are you aware of any other accidents that took 18 place on North Crest Drive before this accident? 19 A No. 20 Q Do you know a Douglas Whal, W-h-a-1, or Whal, 21 W-h-a-1? 22 A No. 23 Q How about a Barry and Terri Bankes, B-a-n-k-e-s? 24 A No. I had no dealings with any of the people up 25 there, sir, that's moved in the homes. I don't know one Page 43 1 of them's names. 2 Q Okay. What was the name of the paving company 3 that you gave me earlier? 4 A Boyd Diller. 5 Q You have added as a defendant in this case Paul 6 Eichelberger Paving or P.L. Eichelberger. Did they do any 7 work on North Crest Drive? 8 A They did the entrance about 60 feet back prior to 9 doing of this phase that Boyd Diller did. They did the 10 entrance for the first two lots that had to be done. They 11 were prior approved because they were frontage lots. 12 Q Okay. Did they do the same work as the Diller 13 company did on the roadway? 14 A Yes, sir. 15 Q And the photograph which we've marked as Exhibit 16 1, what phase is that manhole cover located in? 17 A Phase 2, Grandview Acres Phase 2. 18 Q So is it fair to say that Paul Eichelberger or 19 P.L. Eichelberger Paving had nothing to do with that 20 portion of North -- of working on that portion of North 21 Crest Drive? 22 A That's correct. 23 Q Just give me one minute, sir. Does anything need 24 to be done to North Crest Drive before it's dedicated to 25 the township? Page 44 1 A It has to put a final coat of blacktop on it. 2 Q And are there any plans to do that? 3 A I plan to do it this spring now because 4 everything's built on. I may add but lot 29. 5 MR. CROSBY: Okay. Those are all my questions. 6 Thanks very much, sir. 7 BY MS. STOMBAUGH: 8 Q My name is Amanda Stombaugh. I represent Terry 9 Dobbs. I just have a few questions. Hopefully I won't 10 take too long. 11 I wanted to go back to your education and 12 employment. I don't think we ever really got too much 13 into that. What is your education, sir? 14 A 12 years. 15 Q Just high school? 16 A (Nods head up and down.) 17 Q Okay. And employment, you are now retired. 18 Prior to that you were the sole shareholder of Affordable. 19 What was your employment before owning Affordable? 20 A I have been self-employed all my life. 21 Q Okay. 22 A General contractor, developer and builder. 23 Q Okay. Did you own any other companies besides 24 Affordable? 25 A I owned Fisher Construction. Page 45 1 Q Okay. And how long was that in existence for? 2 A I don't have the exact time or date. 3 Q And what year roughly, approximately, do you 4 think you began? 5 A Did I what? 6 Q In what year do you think you began becoming 7 involved in construction and building homes? 8 A What year did I start? 9 Q Uh-hum. 10 A 1952 -- 11 Q Okay. 12 A -- I built my first house. 13 Q Okay. And you have done that up until your 14 retirement? You didn't do anything else? You didn't stop 15 and -- 16 A No, I have been continuous a developer and buy 17 and sell and developing and so forth. 18 Q What were your responsibilities with Affordable, 19 if you can just describe them? 20 A What was what? 21 Q Your responsibilities. I mean you did everything 22 from finding buyers for your land to -- -- 23 A Yes, I bought -- 24 MR. FLOUNLACKER: What's your question? 25 BY MS. STOMBAUGH: Page 42 - Page 45 --vim-. VJL"A A%. 1L., L.VVJ Page 46 1 Q I'm a little confused as to what in the 2 development of properties, what his job was with 3 Affordable. Let me back up for a minute. What was -- 4 okay. In the -- what was the name of this development 5 again? 6 A Grandview Acres. 7 Q Grandview Acres. What was Affordable's role in 8 Grandview Acres? Did you just sell the property to Oakwood 9 and that was it and then you were done? 10 A No. I developed the land. I put the streets in 11 to sell the lots. 12 Q Okay. But you didn't build the houses? 13 A No. 14 Q Okay. So after you put in the streets are you 15 done with the development? 16 A No, l Just give this roan that I would have to put 17 a cap on in the spring. 18 Q You put a cap on. What do you mean by that? 19 A The final paving coat to make it finished. 20 Q Okay. But besides finishing out the streets, 21 that's your only job with the development is getting the 22 streets completely done? 23 A It's finished then. Once I have it done and 24 finished and dedicated, it's done. 25 Q Do you design where the streets are going to Page 47 1 go? 2 A No. I have an engineer of the property do that. 3 Q And that engineer is employed by you? 4 A The original engineer would be telling you where, 5 how deep to put the manholes, what have you, and in regards 6 to developing, and the township engineer there again 7 inspects and okays everything prior to ine doing it, and 8 that was all done properly. 9 Q And so Affordable had -- although they didn't do 10 it themselves, they hired an engineer, they had the 11 responsibility of designing the roads in Grandview? 12 A No, the engineer designed them for us. We had 13 the responsibility, but we didn't do it. The engineer did 14 it for us. 15 Q Okay. And that includes North Crest Drive? 16 A That's correct. 17 Q And Affordable had the responsibility of 18 constructing North Crest Drive? 19 MR. FLOUNLACKER: Object to the form. 20 THE WITNESS: That's correct. Wait. I don't 21 understand your question there. 22 B1' MS. 5TOMBALGH: 23 Q Meaning they didn't -- you had the responsibility 24 of having the construction performed, you may not have gone 25 out there with some asphalt and paved it yourself, but you Page 48 1 had the responsibility of hiring somebody to come out there 2 and perform the construction of the roads in North Crest 3 Drive -- I mean -- 4 A I guess the question would be I did, because 1 5 sold the lots. 6 Q Okay. 7 A And I still -- that question just doesn't seem to 8 make quite sense to me as to other than I owned the land 9 and developed it. 10 Q Well, I'm not -- I have absolutely no background I 1 with developing land or anything. 12 A Okay. Well -- 13 Q So if I ask questions that aren't completely -- 14 if they don't seem normal to you, it's just because I'm 15 taking baby steps building up for my own benefit. So were 16 you responsible or not you but Affordable Homes responsible 17 for supervising the construction then of North Crest Drive 18 and other roads in Grandview? 19 MR. FLOUNLACKER: Object to form. 20 THE WITNESS: To the point of the engineer was 21 the responsible party that approved it for us. 22 BY MS. STOMBAUGH: 23 Q Okay. And the engineer worked for you? 24 A I had an engineer working for me, and he also 25 worked for the township. Page 49 1 Q Okay. 2 A They were the township last say. 3 Q Do you know whether homes were still being 4 constructed in Grandview on around June 9th, 2002? 5 A Yes, they've been continuously constructed since 6 that until the last one's finished other than lot 29. 7 Q So there was big, heavy lifting machines coming 8 in and out of that road? 9 MR. FLOUNLACKER: Object to form. 10 THF, WITNESS: What's that? 11 BY MS. STOMBAUGH: 12 Q There was Bobcats. I'm not sure what you would 13 normally use to build a house, but digging machines to dig 14 a basement, would they be using that road to go into the 15 new sites to build the houses? 16 A I guess that would be the only way in and out if 17 they did, yes. 18 Q Okay. 19 A They have used the field in many occasions with 20 the extra heavy equipment to go around to dig the lots 21 prior to the houses being built. There's an eniranc.e below 22 the street. 23 Q You said in the spring of 2002 you would use 24 Grandview maybe eight or ten times a month? 25 A I'd say approximately, yes. 'age 46 - Page 49 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 • Multi-Page ALVIN FISHER DECEMBER 12, 2005 Page 50 1 Q Approximately. Did you notice the manhole on 2 Grandview that is the subject of this whole litigation? 3 A Not any different than the rest of them in the 4 project. 5 Q Were any of them flush with the pavement? 6 A No, they never were flush when you put the first 7 coat on. 8 Q Okay. 9 A They normally have them down. 10 Q So just to clarify, all of them in the 11 development were raised somewhat? 12 A Right. 13 Q Do you know generally how much they were raised 14 from the pavement? 15 A Approximately an inch and a half, and as you 16 notice on with the photo in proportion, I'd say that's 17 approximately what it is. 18 Q I think there is a different photo than the one 19 previously shown to you. Can we mark this as an exhibit? 20 Does this look like -- 21 MR. FLOUNLACKER: Hold on a minute. Let her mark 22 that. 23 THE wmsmss: This looks to be approximately -- 24 MR. FLOUNLACKER: Listen to the question. 25 Ms. STOMBAUGH: Did you want to see this? Page 51 1 MR. CROSBY: Yes. 2 MR. FLOUNLACKER: Does anybody have the original 3 of that? 4 MR. CROSBY: That's what I'm looking for here. I 5 have a better one, I think, a color one you may want to 6 use. 7 MS. STOMBAUGH: I don't have a color one. 8 MR. CROSBY: That's not the one, but pretty dam 9 similar. I don't know, Amanda, if you want to use that 10 one. 11 MS. STOMBAUGH: That's fine with me. 12 MR. CROSBY: It's probably easier. 13 (Photograph produced and marked Fisher Deposition 14 Exhibit No. 2.) 15 BY M.S. STOMBAUGH: 16 Q Now, this looks like the manhole cover that we 17 are talking about at issue in this case, right? 18 A That's correct. 19 Q Now, you see on one side, does it look like it's 20 completely even with the ground on both sides? 21 A Well, there's some gravel. If you notice here 22 there's fill and some dirt and stuff. There's a lot of mud 23 and stuff accumulated on the road, and possibly there's 24 some residue left as well. 25 Q Okay. But does it look like it's even with the Page 52 1 1 ground on both sides? No, right? 2 A I'm sorry. 3 MR. FLOUNLACKER: Are you going to let him 4 answer, or are you going to do it? 5 BY MS. STOMBAUGH: 6 Q I'm sorry. 7 A That's what I said. It looks like there's 8 residue here. It does look a little higher here, but 9 there's residue there. 10 Q By here you mean on the left side? 11 A That's correct. 12 Q And it -- 13 A And that's the lower side of the two. 14 Q And it looks like it's a little higher than on 15 the right side? 16 A That would make it with the residue. 17 Q Just to clarify, we're facing going out of the 18 development? 19 A I don't understand your question. 20 Q Okay. Do you know what this road is up here 21 (indicating)? 22 A Yeah, this is Midway. 23 Q Okay. So we're facing Midway? 24 A Yeah. 25 Q Okay. All Tight. Does that look to be about one Page 53 1 and a half inches to you? 2 MR. FLOUNLACKER: What looks like one and a half 3 inches to you? 4 BY MS. STOMBAUGH: 5 Q The deviation in height between the right side of 6 the -- 7 A I don't have any way of knowing. 8 Q Okay. I'm just asking. 9 MR. CROSBY: May I see that exhibit again? 10 MR. FLOUNLACKER: The last one? I 1 MR. CROSBY: 2, yes. 12 MR. FLOUNLACKER: They're both there. 13 BY MS. STOMBAUGH: 14 Q I just want to go back over the steps that you 15 had gone over previously on how the road is installed. I'm 16 just going to go through them, and you can say yes or no. 17 If I miss something please point that out to me. You said 18 first proof rolling was done? 19 A I said the what? No, that isn't what I said. 20 Q Uh-hum. 21 A I didn't say it was done first. 22 Q Okay. 23 A Ask the question again. 24 Q What was done first when you were building the 25 road? Page 50 - Page 53 V L \i1?1?.LL L/1\ 1 ir7 L? V V? Page 54 1 A Utilities are installed. 2 Q Okay. And after the utilities are installed? 3 A They are tamped and properly installed with the 4 engineer standing there watching everything you do in 5 tamping them, putting them in place. 6 Q Okay. And then the proof rolling is done? 7 A The proof rolling is done after you have the 8 stone base down. You actually do your dirt work first, 9 then you proof roll it, and that is all done prior to 10 placing of any stone. They will not let you put any stone 11 down to start any road construction until you have 12 everything proof rolled, meaning the fill dirt. 13 Q Okay. 14 A And then you put your stone down. Then you proof 15 roll it again to make sure that the stone and there's no 16 further settlement, and at that time if there is a soft 17 spot, you have to dig it out, redo it, and put it back in 18 the same way, and that was done properly. 19 Q Do you know if there was any soft spots found 20 with North Crest Drive? 21 A No. 22 Q Okay. Then you put the first layer of blacktop 23 on? 24 A That's correct. 25 Q Okay. Page 55 1 A After it's properly inspected. 2 Q Just one question. Why is there a delay with the 3 first layer of blacktop and then the second layer of 4 blacktop? 5 A Because of the construction people going in and 6 out dragging mud out on the road, and then when you put the 7 final down, the township takes over, and then you've got to 8 tear it all up because they tore the road up, and I'd 9 rather pay the bonding and do it one time than a half a 10 dozen times because somebody's careless. 11 Q All right. If you can just bear with me one 12 minute. I'm just going to go through my notes to make sure 13 I'm not missing anything. Is there a usual timeline -- 1 14 believe you said earlier you had been doing this for 15 15 years? 16 A I have been doing what? 17 Q You had said that you have been doing this since 18 1952, but then you had also said while you were being 19 deposed earlier by Mr. Crosby that you had been doing this 20 for 15 years? 21 MR. FLOUNLACKER: Doing what? 22 THE WI'I?ESS. 1523 MS. STOMBAUGH: Yes. 24 THE WITNESS: No, 50 plus. 25 BY MS. STOMBAUGH: Page 76 1 Q Oh, okay, 50. I'm sorry. I misheard you. Is 2 there a usual time between the first layer and the second 3 layer of asphalt being laid in your experience? 4 A Did you ask that question? I don't understand 5 the question the second time. 6 Q Does it -- between the time you lay the first 7 layer and then the time you lay the second layer, is it 8 maybe a year, six months, six weeks, or is -- 9 A Normally it's till the construction is pretty to well finished. 1 I Q Okay. So there's no normal amount of time 12 between the two layers? 13 A No normal set. 14 Q Okay. And you said the person responsible for 15 maintaining the road is the developer? 16 MR. FLOUNLACKER: Object to the form. 17 THE WITNESS: Not after it's taken and dedicated. 18 The township is after it's dedicated. 19 BY MS. STOMBAUGH: 20 Q Okay. Prior to being dedicated can you repeat 21 who the -- well, I wasn't quite clear -- 22 A The developer would be. 23 Q The developer is the person who is responsible 24 for maintaining the road? 25 A That's why you have a bond. Page 5 7 1 Q Okay. And is the developer Affordable? 2 A Yes, it was. 3 Q It was, but is it -- was it -- 4 A Well, it still is. 5 Q Okay. 6 A It's finished up now. 7 Q So it was the developer at the time of the 8 accident in June of 2002? 9 A Right. 10 Q Okay. So it was responsible for maintaining the 11 road in June of 2002? 12 A Well, building the road and et cetera and having 13 it constructed. 14 Q Okay. If there was something wrong with the 15 road, like if there was a five-foot pothole, would it 16 then be Affordable's responsibility to put up a sign 17 warning? 18 MR. FLOUNLACKER: Object to the form. A lot of 19 this has been asked already, and I don't mind going over 20 ground again, but prior counsel asked pointed questions, 21 and now you are generalizing many of these things. He had 22 a specific hypothetical and the last or two tirnc? ti,di lie 23 asked that question, and if you want to verify it again, 1 24 guess that's your prerogative, but use the same parameters. 25 He asked that question at least twice with a very specific Page 54 - Page 57 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 • • Multi-Page ALVIN FISHER DECEMBER 12, 2005 Page 58 1 set of parameters, where it was and when it was. 2 Now you're -- and again it's your prerogative to 3 come back and do that, but you are reasking many of these 4 exact same questions in more vague, general terms, and I'm 5 going to instruct him to refer to his prior answers if you 6 are going to reask the same questions in these very vague 7 and general terms when they have already been asked by 8 prior counsel and with very specific parameters. 9 M.S. STOMBAUGH: Well, if it was asked before 10 whether it was Affordable's responsibility to put up a sign 11 of warning, should some sign be necessary, I didn't hear 12 it. 13 MR. FLOUNLACKER: Counsel asked that, and we can 14 go back and review the record, those questions along with 15 remedial measures -- 16 MS. STOMBAUGH: I heard a question was there a 17 sign at the time, and he said no. 18 MR. FLOUNLACKER: What's your question? 19 Ms. STOMBAUGH: It is a hypothetical question. 20 It is just as to the duties of what Affordable, what was 21 Affordable's duties in this whole development, if there was 22 a problem with the road. 23 MR. FLOUNLACKER: When? 24 BY MS. STOMBAUGH: 25 Q In June of 2002, if there was some sort of big Page 59 1 pothole who would have been the party responsible to notify 2 motorists on that road of that big pothole by via some type 3 of sign or construction tape or cones? Is that specific 4 enough? 5 A If I would have known it I would have put a sign 6 up. 7 Q Okay. 8 A If I would have been notified I would have put a 9 sign up, yes. I did go and try to not have a second 10 accident by paving around the manhole which I normally and 11 would not -- other manholes are in the same position out 12 there today yet, and they have never been hit. 13 MS. STOMBAUGH: Okay. No further questions. 14 MR. FLOUNLACKER: Thank you. Counsel? 15 BY MR. CROSBY: 16 Q Just one question. I want to just clarify on 17 this exhibit here. The other road that we had talked about 18 was Midway. Is that the name of the road? I forget. 19 A Midway and Long Road. 20 Q Okay. 21 A Long Road is the one straight out. The one that 22 goes into this development at that time was Midway. 23 Q Okay. And looking at Fisher Exhibit No. 1, can 24 you see Midway Road on this exhibit? 25 A No. Page 60 1 Q Okay. 2 A This is going the opposite way. Wait a minute. 3 No. Yes, you can see. Right here is Midway. There is the 4 house across the street. Midway comes right down here by 5 this pole. This is in from Midway. 6 MR. FLOUNLACKER: You are referring to -- 7 THE wITNEss: Right here is the house. 8 MR_ FLOUNLACKER: You are referring to Fisher No. 9 1? 10 THE WITNESS: Right there is the house that's 11 across the road, and there was a house on the corner. This 12 house here was built on the lower corner, and this one was 13 built on the upper corner. That's why there was a little 14 section paved in. They were frontage lots on Midway. 15 BY MR. CROSBY: 16 Q Okay. Can you see the entrance to the 17 subdivision in this photograph Fisher 1? 18 A The entrance was right here (indicating). 19 Q And that's via Midway Road? 20 A That's correct. 21 Q And we see a house on the right, the far upper 22 right corner of this photograph which is Fisher 1. What 23 phase was that house in? 24 A Actually that was just two approved lots on the 25 main road prior to the subdivision being approved here. Page 61 1 These were two frontage lots, and they approved them so 2 that I could have a little money to construct the remainder 3 here on -- because there was no street required to be put 4 in to build any of those two. 5 MR. CROSBY: Okay. Those are all my questions. 6 Thanks. 7 (The deposition was concluded at 11:48 a.m.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 58-Page 61 Page 62 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 Alvin Fisher. 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questions 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 29th day of December, 2005. 24 25 Diane F. Foltz, RMR 'age 62 - Page 62 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 '• Lxh?b+ O r MICHELE L. DOBBS, Plaintiff v TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendant : IN THE' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED I, Don Keener, Newberry Township Manager, state that the following facts are true and correct to the best of my personal knowledge. 1. As of June 9, 2002, North Crest Drive, was a roadway located within Newberry Township. 2. As of June 9, 2002, North Crest Drive was still under construction as part of a new housing development that was being built in Newberry Township. 3. As of June 9, 2002, Newberry Township did not own North Crest Drive. 4. Prior to June 9, 2002, Newberry Township regularly inspected the progress of the construction activity as it relates to the creation and construction of North Crest Drive. This would include the installation of sewers, manholes and manhole covers located in and around North Crest Drive. 5. I attest that I have reviewed all relevant files in the Newberry Township office and that, based upon my review, up to EXHIBIT D . • 7 June 9, 2002 North Crest Drive had been constructed and was being maintained in a reasonable and appropriate manner. This would include the creation, construction and maintenance of North Crest Drive as well as the roadways, related sewers and manhole covers. Von Keener, Newberry Township Manager AFFIRMED AND SUBSCRIBED BEFORE ME THIS s? DAY OF2007 Notary Public My Commission Expires on Q COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan J. Reitz, Notary Public Newberry Twp., York County My Commission Expires Dec. 23, 2010 Pennsylvania. Aaaoaiation of Nitrair m 2 . ,• w CERTIFICATE OF SERVICE 1. Jeaiu-ue L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was sensed upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set fortli below: By First Class U.S. Mail: Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Christopher M. Reeser, Esquire Marshall, Dennehey, et al. 4200 Cruets Mills Road, Suite B Harrisburg, PA 17112 I Dated:. /6 THOMAS, THOMAS & HAFER, LLP 16/4Ae L. Kawalec ?r s r '* r CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant, Terry A. Dobbs, by sending a copy of the same to his counsel of record, Christopher M. Reeser, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Rd., Ste. B, Harrisburg, Pennsylvania 17112 and, also, on Defendant Affordable Building and Construction Co., by sending a copy of the same to its counsel of record, John Flounlaker, Esq., Thomas, Thomas & Hafer, P.O. Box 999, Harrisburg, PA 17108, by United States Mail, regular service, in Harrisburg, Pennsylvania on July -5-, 2007. HANDLER NING & ROSENBERG, LLP By a hew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 Tel. No.: 717-238-2000 Attorneys for Plaintiff I I -, 1 1{d S- 1rir L661 3141 ?O Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Crosby@hhriaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2007, upon consideration of Defendant, Terry A. Dobbs' Motion for Summary Judgment, and any Answer filed in response thereto, it is hereby ORDERED and DECREED that said Motion is DENIED. BY THE COURT: J. Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Crosby@hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. DOBBS, NO. 2004-2338 Plaintiff z v. CIVIL ACTION - LAW TERRY A. DOBBS and AFFORDABLE BUILDING & JURY TRIAL DEMANDED CONSTRUCTION CO., Defendants ORDER AND NOW, this day of , 2007, upon consideration of Defendant, Terry A. Dobbs' Motion for Summary Judgment, and any Answer filed in response thereto, it is hereby ORDERED and DECREED that said Motion is DENIED. BY THE COURT: J. Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Crosbv(a)hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2007, upon consideration of Defendant, Affordable Building & Construction Co.'s Motion for Summary Judgment, and any Answer filed in response thereto, it is hereby ORDERED and DECREED that said Motion is DENIED. BY THE COURT: J. Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Crosbv(@__hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants NO. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Plaintiff, Michelle Dobbs, by and through her Attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esquire, and files her Response in opposition to Defendant, Affordable Building & Construction Co.'s, Motion for Summary Judgment, and in support of this Response represents: 1. Admitted. 2. Admitted in part and denied in part. Plaintiff's Complaint also alleges ... dip 3-6. Admitted. 7. Denied. Plaintiffs Complaint speaks for itself. Byway of further answer, Plaintiffs Complaint includes, inter alia, alleges of negligence in respect to the supervision, inspection, and maintenance of North Crest Drive, as well as failing to warn of the dangerous conditions presented by the manhole cover and a dip in the roadway. (Comp. ¶¶ 29-30.) 8. Denied The averments in Paragraph 8 of Defendant's Motion for Summary Judgment contain conclusions of law to which no response is required. 9. Denied The averments in Paragraph 8 of Defendant's Motion for Summary Judgment contain conclusions of law to which no response is required. 10. Admitted. 11. Admitted. 12. Denied. Expert testimony is not required "[i]f all the primary facts can be accurately described to a jury and if the jury is as capable of comprehending and understanding such facts and drawing correct conclusions from them as are witnesses possessed of special training, experience or observation." Reardon v. Meehan, 424 Pa. 460, 227 A.2d 667 (1967); Merling v. Dep't of Tranp., 79 Pa. Commw. 121, 468 A.2d 894 (1983). Pertinent to the instant matter, our courts have found that testimony regarding the operation of motor vehicles is not restricted to expert witnesses because the use of motor vehicles is so common. Vrabel v. Commonwealth, 844 A.2d 595, 598 (Pa. Commw. 2004) (emphasis added). Here, lay persons are competent to testify as to the dangerous condition of a roadway because of a dangerously high manhole cover and/or a dip in the roadway. See Merling v. Dep't of Tranp., 79 Pa. Commw. 121, 468 A.2d 894 (1983) (lay witnesses competent to testify as to the dangerous condition of berm and guardrails of a state highway); Vrabel v. Commonwealth, 844 A.2d 595 (Pa. Commw. 2004) (lay witnesses were competent to testify that water flowing across a roadway caused vehicle to lose control). 13. Denied. By was of further answer, see Paragraph 12 above. 14. Admitted in part and denied in part. By way of further answer, the Plaintiff 2 did not provide the identity of an expert because the issues of this case do not require expert testimony. See responses to Paragraphs 12 above 15. Admitted. By was of further answer, see Paragraph 14 above. 16. Admitted. By was of further answer, see Paragraph 14 above. 17. Admitted. By was of further answer, see Paragraph 14 above. 18. Admitted. By was of further answer, see Paragraph 14 above. 19. Admitted. By was of further answer, see Paragraph 14 above. 20. Admitted. By was of further answer, see Paragraph 14 above. 21. Admitted. By was of further answer, see Paragraph 14 above. 22. Admitted. By way of further answer, Mr. Keener's Affidavit contradicts statements given by Terry Bankes and Douglas Wahl, as well as co-Defendant Dobb's deposition testimony and the credibility of these witnesses must be made by the fact finder. (See Deposition of Terry Dobbs, pp 18-65, attached hereto as Exhibit A; Statement of Terry Bankes attached hereto as Exhibit B and Statement of Douglas Wahl attached hereto as Exhibit C.) Furthermore Plaintiff was not aware of Mr. Keener's existence, let alone his apparent status as a key defense witness. Plaintiff first learned of Mr. Keener upon reading Defendant's Summary Judgment Motion. By letter of May 21, 2007, Plaintiff asked defense counsel to clarify Mr. Keener's role in this lawsuit - specifically whether he was being used as an expert witness. Shortly thereafter defense counsel informed Plaintiff's counsel that he "didn't know." To date, Mr. Keener's role in this case is unclear, at least to the Plaintiff. Therefore, Plaintiff should be given the opportunity to explore the role of this defense witness through additional discovery. 23. Denied. The averments in Paragraph 23 of Defendant's Motion for Summary Judgment contain conclusions of law to which no response is required. Expert testimony is not required for Plaintiff to establish a prima facie case of negligence against Defendant, Affordable Building and Construction Co. Byway of further answer, see Paragraph 13. 3 WHEREFORE, Plaintiff, Michele Dobbs, requests that this Honorable Court deny Defendant's Motion for Summary Judgment because expert testimony is not required for Plaintiff to maintain a negligence action against Defendant, Affordable Building and Construction Co., and the record provides that genuine issues of material fact exist as to the negligence of moving Defendant. Respectfully submitted, Date: -1 IS I Q-1 HANDLER, HENNING & ROSENBERG, LLP B Matt. Crosby, Esq. I.D. No. 69367 4 E--Xktbi+ A l A MICHELE L. DOBBS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 2004-2338 : CIVIL ACTION - LAW TERRY A. DOBBS AND AFFORDABLE BUILDING & CONSTRUCTION CO., DEFENDANTS JURY TRIAL DEMANDED DEPOSITION OF: TERRY A. DOBBS TAKEN BY: DEFENDANT AFFORDABLE BUILDING & CONSTRUCTION CO. BEFORE: DIANE F. FOLTZ, RMR NOTARY PUBLIC DATE: DECEMBER 12, 2005, 11:55 A.M. PLACE: HANDLER, HENNING & ROSENBERG, LLP 1300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: HANDLER, HENNING & ROSENBERG, LLP BY: MATTHEW S. CROSBY, ESQUIRE FOR - PLAINTIFF MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: AMANDA STOMBAUGH, ESQUIRE FOR - DEFENDANT TERRY A. DOBBS THOMAS, THOMAS & HAFER, LLP BY: JOHN FLOUNLACKER, ESQUIRE FOR - DEFENDANT AFFORDABLE BUILDING & CONSTRUCTION CO. ALSO PRESENT: MICHELE L. DOBBS FMAIT e 2080 Linglestown Road - Suite 103 - Harrisburg, P? 717 ,40.0220 9 Fax 717.540.0221 - Lancaster 717.393.5101 Multi-Page T*M TERRY A. DOBBS DECEMBER 12, 2005 Page 2 1 WITNESSES 2 NAME EXAMINATION 3 TERRY A. DOBBS 4 BY: MR. FLOUNLACKER 3 5 6 7 8 9 10 11 12 EXHIBITS 13 14 TERRY DOBBS DEPOSITION EXHIBIT PRODUCED AND MARKED 15 1. DRAWING 39 16 2. PHOTOGRAPH 39 17 3. PHOTOGRAPH 39 18 4. PHOTOGRAPH 39 19 5. PHOTOGRAPH 39 20 6. PHOTOGRAPH 39 21 22 23 24 25 Page 3 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 8 TERRY A. DOBBS, called as a witness, being duly 9 sworn, testified as follows: 10 EXAMINATION 11 BY MR. FLOUNLACKER: 12 Q Sir, would you state your name for the record, 13 please? 14 A Terry Allen Dobbs. 15 Q And where do you live? 16 A 4804 Brian Road, Mechanicsburg, PA, 17050. 17 Q Sir, we're here to take your deposition in 18 connection with a lawsuit that your wife has filed, and let 19 me go over some general ground rules with you. 20 A Okay. 21 Q As you can see everything we're saying is being 22 taken down by a court reporter, so it's real important you 23 keep your responses verbal, no uh-huhs, huh-uhs or 24 shrugging your shoulders or anything of that stuff, okay? 25 A Right. Page 4 1 Q If you lapse, somebody in here will remind you, 2 and don't take it personally. We just want this record to 3 be clear. 4 A Okay. 5 Q If you don't understand any of my questions, 6 don't answer them. Tell me that you're unsure for some 7 reason, and I'll try to make it more clear for you, 8 okay? 9 A Okay. 10 Q No one wants you to guess at any of your answers 11 to any of my questions, and if you don't know, just tell me 12 you don't know, okay? 13 A Okay. 14 Q All right. These things have a way of going from 15 one subject to another, hop from one area to another, and 16 yours probably will, too. If we do that and you think 17 about something that we have already discussed and you want 18 to go back and add or change something to something you 19 have already testified about, please feel free to pipe up 20 at any time and do that, okay? 21 A Okay. 22 Q Another thing is please allow me to finish asking 23 a question before you offer an answer, and please don't let 24 me cut you off when you're offering your answer, okay? 25 A Okay. Page 5 1 Q I'm not saying we're going to be pushy with one 2 another, but sometimes you'll be thinking and you'll be 3 quiet, and I don't know whether you are waiting for another 4 question or you're just thinking about something additional 5 you'd like to say, so if you're ever not finished, just 6 feel free and tell me, all right? 7 A All right. 8 Q Okay. How long have you lived at that address 9 you just gave me? 10 A Since we -- we bought our house in October of 11 2003. We actually moved in in October of 2003. 12 Q Where did you live before that? 13 A 6280 Carlisle Pike, Lot No. 523, Mechanicsburg, 14 PA, 17050. 15 Q How long did you live at the Carlisle Pike 16 address? 17 A Well, my family moved into it while I was in 18 basic training which would have been February, March 19 timeframe of '93, and we sold it in April, May timeframe of 20 2003. 21 Q Go ahead. 22 A During that period of a gap because you'll see 23 there's a gap in there from April, May, '03. Between when 24 we moved into our new house in October of '03 we stayed 25 with Michele's mother. .Page 2 -.Page b TTTTl VY'V-C% AT TsTST&'+TTT T:!?T T7 XTATAT X: ^71'7-GA/1_/17X1/'71'7-2OZ_S1 n1 TERRY A. DOBBS DECEMBER 12, 2005 Multi-Page' Page 6 1 Q Okay. That's fair. That Carlisle Pike address 2 is where you were living when this accident happened? 3 A Correct. 4 Q Okay. And where were you living before the 5 Carlisle Pike address? 6 A We lived in Lemoyne for approximately six months, 7 seven months. 8 Q Is that right after you got married? 9 A Actually before we got married, right out of high 10 school, that's when we moved into that. 11 Q And what address was that? 12 A 301 Apple Street, Apartment 3, Lemoyne. I'm not 13 sure on the Zip. 17043 maybe. I'm not a hundred percent 14 sure on the Zip. 15 Q So the last three addresses that you have given 16 me are all the places that you and your wife have lived 17 since you were married and a little bit before? 18 A Yes. 19 Q All right. And could I have your age and your 20 date of birth? 21 A I'm currently 31, and February 4th, 1974. 22 Q That's your wife there? 23 A Correct. 24 Q And what's her name? 25 A Michele Lynn Dobbs, Michele with one L. Page 7 1 Q Kids? 2 A Two. 3 Q Their names and their ages? 4 A Katelynn Dobbs, she's 13, and Krystal Dobbs, 5 she's 12, both of those with K's, Krystal and Katelynn. 6 Q Is that right? My wife's name is Konnie, and 7 hers is with a K, too, so we're always making those 8 corrections. Were you married before? 9 A No. 10 Q Can you give me a rundown of your educational I1 background? 12 A High school diploma and some college through the 13 Community College of the Air Force. I do not have a degree 14 yet or anything. I'm working towards it. 15 Q Where did you graduate high school? 16 A Cumberland Valley High School. 17 Q Cv. What year? 18 A '92. 19 Q You are obviously in the military? 20 A Correct. 21 Q What branch of the military are you in? 22 A Pennsylvania Air National Guard, United States 23 Air Force. 24 Q When did you enlist? 25 A January of '93. Page 81 1 Q So it was right after high school? 2 A Six months after. 3 Q Yes. 4 A The following January. 5 Q Did you have any sort of jobs between the time 6 that you graduated high school and before enlisting in the 7 National Guard? 8 A Different security type jobs. To try to put them 9 in order, oh, I worked for Hills Department Store as a 10 security guard. I worked for Security, Security Guards, 11 Incorporated, I believe, a private security company. Yeah. 12 I was working for Hills, because I took a leave of absence 13 to go through basic and tech school, so Hills on Simpson 14 Ferry Road in Camp Hill, that's where I was working at the 15 time. 16 Q And where are you stationed now? 17 A Down at Harrisburg International Airport, the 18 193rd Special Operations Wing. 19 Q How long have you been there? 20 A My entire military carrier, it will be 13 years 21 in January. 22 Q And what is your job there? 23 A Security forces, Air Force equivalent of the 24 military police. 25 Q And you are a sergeant? Page 9 1 A Staff sergeant. 2 Q You say you have got some schooling since you 3 have been in the military? 4 A All through correspondence courses, all through 5 -- all going towards my degree, my Associates Degree 6 through the Community College of the Air Force. 7 Q And what's that? Do you have a designation for 8 your degree yet? 9 A It will be an Associates Degree in Applied 10 Science with an emphasis on criminal justice. 11 Q And do you have any present plans to leave the 12 military? 13 A Not until I retire. 14 Q When do you anticipate that? 15 A December of 2017. 16 Q Everybody knows that date. 17 A 12 years. 18 Q Did you ever have any training or background or 19 experience any facet of accident investigation or 20 reconstruction? That's a big question. 21 A Personally experience, none; that I went to any 22 type of official training on it. We have had military 23 classes on, you know, if there's an accident on base, you 24 know, how to fill out the proper -- the military forms, how 25 to fill out the forms and write, draw diagrams and little rage 6 - Page 9 Multi-Page TM TERRY A. DOBBS DECEMBER 12, 2005 Page 10 1 maps, that kind of stuff, and I have seen actual accident 2 reconstructionists reconstruct accidents. 3 Q And so then you are aware of the difference 4 between an accident investigation and an accident 5 reconstruction? 6 A Yes. 7 Q Okay. And your work that you have just described 8 for me, it's been related to accident investigation as 9 opposed to you doing accident reconstruction? 10 A Correct, accident investigation. 11 Q And the accident investigation work that you have 12 done or have had experience with has been dealing with 13 accidents that might have occurred at your work? 14 A Correct. 15 Q At the airport? 16 A Correct, at the airport, or let me add to that, I 17 may be deployed, and so depending on where I'm at, anywhere 18 in the world if there's an accident -- 19 Q Right. 20 A -- I would investigate it there, so it doesn't 21 necessarily have to be down at the airport. 22 Q And whatever you would have learned at the 23 airport, you'd use wherever it is you wound up -- 24 A Right. 25 Q -- and had to investigate an accident? Page 11 1 A Correct. 2 Q And that investigation that you do at the airport 3 would concern itself with military vehicles? 4 A Or civilian, either or. We have military versus 5 military, military versus POB. POB is traveling in the 6 buildings, just the whole gamut. It can be a civilian 7 wreck in their own car coming to work. It could be a 8 government employee driving a government vehicle wrecking 9 into a plane. We have seen it all down there. 10 Q And in the course of your accident investigation 11 at the airport, have you ever investigated accidents 12 involving vehicles where they have either bottomed out or 13 struck something underneath them because of something on 14 the roadway or something like that? 15 A No, I don't recall anything like that. 16 Q Undercarriage damage? 17 A No. 18 Q Speed bumps hits, potholes? 19 A No. 20 Q Anything like that? 21 A No. 22 Q All right. Have you had any training or work or 23 experience in any facet of the insurance industry? 24 A No. 25 Q Now, this accident happened in June of 2002, Page 12 1 correct? 2 A Correct. 3 Q Okay. At that time what were your duties at the 4 airport? 5 A June of 2002? I was not full time. I was not -- 6 now wait. Let me -- is that correct? Yes, I was. I'm 7 sorry. I was full time. In '99 is when I got hired 8 permanent, so yes, still military police, the same. 9 Q Down at the airport? 10 A Yeah, down at the airport, our duties would 11 pretty much close access to the base, entry control, access 12 to our airplanes, and that's pretty much it in a nutshell. 13 We just guard our entire compound, prevent anybody from 14 coming in that shouldn't be in. 15 Q Do you work a regular shift? 16 A We worked a 24/7 operation, so it just depends on 17 any given time, you know. Back then I might have been on 18 midnight shift. I don't recall. 19 Q Did you have a long stint when you were working 20 third shift? 21 A Yeah, I was probably still working third shift. 22 Q In June of 2002? 23 A I can't confirm a hundred percent if I was on 24 third shift at that time because I just got home. I was 25 deployed to Florida for three months. I just got home Page 13 i from Florida the first week of June, so I don't know where 2 they had me assigned. I might have been going into a 3 midnight shift, but for that week or two until they got me 4 back, and that's why we were house hunting, because I just 5 got back from my trip. 6 Q You had returned from a detail in Florida? 7 A Right, correct. 8 Q Now, what was your rank then? 9 A The same rank, staff sergeant. 10 Q And how long have you had that rank? 11 A October 1 st of '9 8 is when I put that on. 12 Q Have you ever been involved in an accident on the 13 job, vehicle accident? 14 A As far as driving a vehicle and wrecking a 15 vehicle, I don't think I have. 16 Q Okay. 17 A There has been like damage to vehicles because we 18 carry weapons and if you lean up against a vehicle, you 19 just scratch the vehicle, they consider that like a vehicle 20 accident. 21 Q I mean like a moving thing, a moving -- 22 A No, I never, no. 23 Q Okay. So as I understand what you told me a 24 little while ago, you had a temporary detail down in 25 Florida -- Page 10 - Page 13 TTTT/NTTT)C% AT "Th Td"TTT T`/1T T7 'LT A T A T T: 17117 CAA nIVnnv» 17 '2(1'2 CIn I TERRY A. DOBBS DECEMBER 12, 2005 Multi-Page TM Page 14 1 A Uh-hum. 2 Q -- for a period of time, and then you returned to 3 Pennsylvania? 4 A Correct. 5 Q And that would have been sometime in June of 6 2002? 7 A Yes, I was in Florida March, April and May, that 8 90-day period, and then I came home. 9 Q What for? 10 A They needed cops down there because all their 11 cops were over in Afghanistan. 12 Q Uh-hum. And then had you been house hunting 13 prior to being detailed to Florida for that three-month 14 hitch? 15 A Yes. I think we started our house hunting 16 process -- wow, I think the very first time we really 17 seriously started talking about it was 2000. Sometime in 18 the year 2000, we started looking at it, but then we had 19 to get our financial affairs in order, and it was just 20 kind of our Sunday ritual. Every Sunday we'd get the 21 paper, see where there were open houses, and let's go check 22 them out. 23 Q Now, the Carlisle Pike address that you gave me, 24 were you renting there? 25 A Mobile home, we owned the mobile home. We paid Page 15 1 lot rent for where it was setting but... 2 Q You owned the house, and you rented the ground? 3 A Right, rent the lot space. 4 Q And the house hunting that you were doing 5 starting in around 2000, were you looking for a single 6 family home? 7 A Correct. 8 Q All right. You were driving a Hyundai when this 9 accident happened? 10 A Correct. 11 Q What year is it? 12 A 2000. 13 Q What year did you buy it? 14 A 2000. 15 Q Bought it brand new? 16 A Correct. 17 Q What kind was it? 18 A Elantra. 19 Q Any troubles with that car after you bought it 20 until the accident happened? 21 A No troubles at all until the accident. 22 Q Currently inspected when you had this accident? 23 A Correct. 24 Q Was the vehicle stock when you were driving it, 25 any after-market add-ons, tire, suspension? Page 16 1 A No, nothing add-on. It was strictly the way we 2 bought it was the way we were driving it. 3 Q Right. Where did you buy it? 4 A Freysinger Hyundai. 5 Q Where are they located? 6 A On the Carlisle Pike in Mechanicsburg. 7 Q And where did you get that car inspected? 8 A That's a good question. I can't say for sure 9 that every time it went to Freysinger Hyundai, but for the 10 majority of the time we have our vehicles, because we buy 11 them new, serviced and stuff at the dealerships, but it's 12 not to say every year I had it there, because I know 13 sometimes I would see a coupon, I can get it inspected for 14 9 bucks here, and I would take it to a different place. 15 Q You would have had it inspected twice before this 16 wreck? 17 A Yeah, I bought it in October. I think I had it 18 inspected once during 2001 to line up with my license plate 19 back then. 20 Q Right. 21 A So then I had it again inspected again in 2002. 22 Q All right. So that would be twice and -- 23 A Uh-hum. 24 Q And with saying that, does that refresh your 25 memory as to whether it would be both inspections would Page 17 1 have taken place at Freysinger? 2 A I honestly can't tell you where they were done. 3 Q Regardless of where you had it inspected, do you 4 ever recall the vehicle needing anything as a consequence 5 of those two prior inspections? 6 A The only thing I can recall any of my new 7 vehicles needing has been a light bulb. A bulb burnt out. 8 I can't think of anything other than a light bulb. 9 Q How many miles do you believe were on it at the 10 time you had the accident? 11 A Wow. I honestly -- I couldn't even tell you. 12 I'm sure it was more than what you would normally drive in 13 a car, so whatever that is, 12 to 15,000 a miles a year, 14 I'm sure it was more than that, because we had that car to 15 Florida and back driving it, so I honestly couldn't tell 16 you. Probably -- definitely somewhere in that range. 17 Q Yeah. Did you have any accidents with it prior 18 to the one that we're here to talk about today? 19 A No. 20 Q Any problems with the air bags after you bought. 21 it and prior to this crash? 22 A No. 23 Q Did you know the car had air bags? 24 A Yes. 25 Q Who was the principal driver of that car? Page 14 - Page 17 Multi-Page M TERRY A. DOBBS DECEMBER 12, 2005 Page 18 1 A I'm backtracking through all my vehicles, because 2 Michele would always get the new car. I would say that was 3 hers. It was her vehicle, yeah, because I had the Contour, 4 so yeah, she had -- she was the principal driver of it 5 Monday through Friday. Like going to work she'd take that. 6 I took the Ford Contour. 7 Q You had the Contour and you had the Hyundai. Did 8 you own any other cars? 9 A That's it, those two. 10 Q Do you know the name of the housing development 11 where this accident happened? 12 A Only from what I heard in here today. 13 Q What was that? 14 A I didn't know going down there what it was. 15 Grandview, Grandview Estates. I don't recall exactly what 16 he said. 17 Q Okay. We'll just call it Grandview Estates. 18 A Okay. 19 Q How did you learn that there were houses for sale 20 in there? 21 A In the paper, there was an ad in the paper that 22 said trade your mobile home in on a brand-new house, and 23 that's how we saw it. 24 Q Is that something you read before or after you 25 came back from Florida? Page 19 Page 20 1 didn't feel like going, so they stayed with grandma. It 2 was hit or miss depending if they were actually with us or 3 not. 4 Q Yeah, that's a drag sometimes taking kids. 5 A Yeah. 6 Q This time was June, 2002, is when you had the 7 accident. 8 A Uh-hum. 9 Q How far before that was it when you were there 10 with your wife for the first time? 11 A You know, I honestly don't recall. I couldn't 12 even tell you. Well, I know I was gone March, April and 13 May, so I don't know if it was even in 2002, or it could 14 have been back in 2001. I honestly don't recall. 15 Q Okay. It could have been quite awhile? 16 A It could have been, yeah, because after 9/11 17 happened I didn't do nothing. I was at work a lot of 18 time. 19 Q I was wondering how that would affect you. 20 A Yeah. 21 Q Okay. So it could have been a period of weeks or 22 even months? 23 A Oh, absolutely. It was definitely months, 24 because I was gone for three months. I honestly believe if 25 at all it had to be like in January or maybe February. Page 21 1 A Before. We were in that same development prior 1 Q Okay. 2 to this accident. 2 A I'm really thinking it might have even been 3 Q Uh-hum. And other than the newspaper 3 before 9/11 happened. 4 advertisement, were you made aware of the development any 4 Q All right. And when you say January or February, 5 other way? 5 January or February of '02? 6 A No, just that advertisement, that's how we found 6 A '02. 7 it. 7 Q Okay. What car were you driving when you went on 8 Q What paper was that in? 8 that first occasion? 9 A Patriot, Patriot-News. 9 A I don't recall. I can't tell you for sure which 10 Q Sunday? 10 one it was. 11 A Sunday, probably. Sometimes we'd get like the 11 Q Could it -- 12 weekly paper, but for the most part we religiously got the 12 A I would say it probably would have been the 13 Sunday paper, and that's where we would get our information 13 Hyundai if I had to take a best educated guess, because 14 on where we were going to go look at houses. 14 that was the rule of thumb. We would take -- as a family 15 Q Okay. Just you and your wife going over to look 15 we would take the new car. 16 at it? 16 Q Right, makes sense. At that time was it still 17 A Which time? 17 you owned the Hyundai and the Contour? 18 Q Well, how many times were you there before the 18 A Yeah. 19 accident? 19 Q Okay. You didn't own any other cars then? 20 A One time prior to the accident. 20 A No. 21 Q Okay. 21 Q Okay. Do you remember when you went the first 22 A I do not recall -- actually I think the children 22 time whether it was a weekday or a weekend? 23 were with us the first time, because I think we took them 23 A The first time I honestly -- I don't recall, 24 into that house. I'm pretty sure. I think the children 24 because I remember we met with the people. We met with -- 25 were. Some home open houses they were with us. Some they 25 we went into one of the houses. They actually walked us Page 18 - Page 21 TTT TI?TTT [7 • T T1Tf T!"4TTT T/lT Tr7 1T A T AT T: 11111 CAn-n71nW71 7_1n2_SIn I TERRY A. DOBBS DECEMBER 12, 2005 Multi-Page Page 22 1 around. I don't remember if we called and made an 2 appointment and went down one day after work -- 3 Q Right. 4 A -- or if it was just strictly open house and we 5 just showed up. I don't recall. 6 Q So this development could have afforded you 7 either an appointment or just an open house? When that was 8 open you would go see it? 9 A Yeah, I don't recall specifically how we ended up 10 there that day, if it was they knew we were coming or let's 11 just go check it out. 12 Q How many streets were inside the development? 13 A Just one. 14 Q All right. Do you have a pen on you? 15 A Uh-hum. 16 Q Matt, may I see these pictures here? Maybe it's 17 inhere. Maybe I have got them here. All right. Don't do 18 anything yet. 19 A Okay. 20 Q I'm showing you two pictures. These were 21 Mr. Fisher Exhibit 1 and 2. 22 A Uh-hum. 23 Q These stickers here, I'll show you something. 24 See where it says Fisher 1? 25 A Correct. Page 23 1 Q That's how this picture is known. 2 A Okay. 3 Q And there's Fisher 2, and that's how this picture 4 is known. 5 A Correct. 6 Q The manhole that's depicted in Fisher 1, is that 7 the one you believe you had the accident with? 8 A Correct. 9 Q Okay. What I'd like you to do is to draw a 10 little diagram for me here and show on that diagram this I 1 roadway as depicted in Fisher No. 1 and the last road that 12 you were on prior to getting on the roadway as depicted in 13 Fisher No. 1, and then also leave room to note where the 14 manhole is. 15 A Okay. (Drawing.) Do you want me to put the 16 manhole cover in there? 17 Q Yes. What I'd like you to do is just with your 18 finger for right now, can you show me either the house that 19 you went into or the open house that you attended on the 20 first occasion to this road? 21 A It would have been -- let me draw this a little 22 bit longer here, but it would have been right in this area 23 past the manhole cover (indicating). 24 Q All right. And is that shown -- it's depending 25 on your point of view -- Page 24 1 A Yes. 2 Q -- but is what you are trying to show depicted in 3 either of those two photographs, this Fisher 1 or 2? 4 A No. It would have been like farther this way 5 (indicating), over here. 6 Q All right. So this -- just for the perspective 7 of this photograph -- 8 A Uh-hum. 9 Q -- where you went to look at the open house was 10 in the foreground? 11 A Right. 12 Q Not depicted in this, so it was -- 13 A Correct. 14 Q So it was somewhere before the view depicted in 15 Fisher No. 1? 16 A Correct. 17 Q And just for my sake, can you put a star at 18 either end of this diagram depicting the view as shown in 19 Fisher No. 1? 20 A Okay, to depict this view? 21 Q Yes. Is this -- 22 A Okay. 23 Q Is this at this end of the picture or this end of 24 the picture? 25 A This end is right there (indicating), so if I was Page 25 1 the cameraman, I would have been standing right here 2 (marking). That would have been the cameraman taking a 3 picture of the manhole cover out to I believe Midway. I 4 don't remember the name of that road, but that's -- 5 Q Do you see this telephone pole? 6 A Uh-hum. 7 Q Can you put the telephone pole that's depicted in 8 Fisher No. 1 on this diagram you are drawing? 9 A It looks like it's right about here (marking). 10 It's on the opposite side of Midway. 11 Q Okay. Is this Midway? 12 A That's Midway. 13 Q Can you note that on there, please? 14 A Okay (marking). And that's assuming that's the 15 name of that. I don't know for sure that's the correct 16 name. I'm just going off of the other testimony. 17 Q Uh-hum. Put the telephone pole so we don't 18 forget that. 19 A Okay. (Marking.) Okay. 20 Q What's name of this road? 21 A North Crest Drive. 22 Q Can you write that on there? 23 A (Marking.) And don't quote me. I'm not sure if 24 it's North Crest Drive, North Crest Road, Street. I'm just 25 getting that information off of what I'm hearing. There Page 22 - Page 25 Multi-Page'rm TERRY A. DOBBS DECEMBER 12, 2005 Page 26 1 was no street signs at that time for me to know a hundred 2 percent that's the name of it. 3 Q Okay. I think Mr. Fisher testified this road was 4 about 20 feet -- 28 feet wide. Does that jive with your 5 recollection of the width of the roadway? 6 A That seems legitimate. You know, I didn't have a 7 tape measure out there, but looking at -- I know there were 8 cars on either side of the road, and I drove through the 9 center of it. 10 Q Now, this manhole depicted in Fisher No. 1 looks 11 to be about the center of the roadway which is about where 12 you have it here in your diagram? 13 A Uh-hum. 14 Q Is that what you are intending to show? 15 A Yes, correct. 16 Q Okay. Now, on the first occasion that you went 17 out there to this development, can you put your finger on 18 that diagram that you are drawing as to the location of the 19 property that you visited? 20 A It was -- it would have been in here somewhere 21 (indicating). 22 Q Can you just put like say a No. 1 with a circle 23 around it? 24 A Okay. (Marking.) 25 Q And that could have been an open house? Page 27 1 A I think the people that showed us the house, that 2 was -- I think it was their house. They lived in that 3 house, but they had like -- they worked out of their house, 4 and then they actually took us from their house after we 5 sat down at their dining room table and talked. Then they 6 took us, and we walked this direction (indicating). We 7 walked towards Midway, and they actually took us into a 8 house that was under construction. 9 Q Another one? 10 A A different house that we walked through. 11 Q Can you put a 2 there just showing generally 12 where that was? 13 A It was probably somewhere in this neck of the 14 woods (marking). 15 Q Okay. Uh-hum. What else did you do when you 16 were there? 17 A That was it, just talked to them, walked through 18 that house, and then walked back to our car which was 19 parked back at their house. 20 Q What route did you take with your vehicle when 21 you went there on that -- the occasion before the accident 22 happened? Just use your finger to trace it. 23 A Yes, it was either or. I don't know for sure, 24 but I drove around the manhole cover. I either went to the 25 left or I went to the right depending on if there was a Page 28 1 vehicle parked here. I don't recall. But I do remember 2 that the first time there wasn't a car on one side or the 3 other, so we were just able to drive. We just drove right 4 around it. 5 Q So if I understand what you are telling me, then 6 on the first occasion that you were at the development you 7 drove around it coming in? 8 A Uh-hum. 9 Q And then around it going out? 10 A Correct. 11 Q So I take it you parked somewhere up here 12 (indicating)? 13 A Right, I think we actually parked right in their 14 driveway. 15 Q Can you put a star right there showing where you 16 parked? 17 A We just pulled right into their driveway. 18 MR. CROSBY: On which occasion is this? 19 BY MR. FLOUNLACKER: 20 Q This is the occasion before you had the accident, 21 correct? Is that your understanding? 22 A Correct, yes. 23 Q Okay. Because you were there twice? 24 A Correct. 25 Q Okay. And were you last on Midway before you Page 291 1 entered the development? 2 A Yes. 3 Q Okay. 4 A Yeah, that's the only way to get in. Both times 5 that we went that was the only way in. 6 Q And as I understand your testimony, on that first 7 occasion, the occasion before the accident happened, you 8 left Midway, traveled onto North Crest? 9 A Uh-hum. 10 Q And then drove around the manhole either to the 11 left or to the right? 12 A Correct. 13 Q And then on your way out you drove around it 14 again to the left or to the right to make your way back to 15 Midway? 16 A Correct. 17 Q Okay. And what sort of traffic or equipment or 18 what have you was parked or standing on North Crest Drive 19 when you visited there on the occasion before the accident 20 happened? 21 A I just remember vehicles from people that lived 22 there. It looked like a bunch of pickup trucks, like 23 possible construction workers that were doing some work. I 24 don't recall if they had a dumpster sitting there the first 25 time or not (indicating). Page 26 -Page 29 -------- . t ------ r/lT ? -W T • T ? T T -I1 rf C AA AAnA/171'7 '1 A7 L1 Al TERRY A. DOBBS DECEMBER 12, 2005 Multi-Page rM Page 30 1 Q You are pointing here to Fisher No. 1? 2 A Yeah, Fisher 1. I don't know if there was a 3 dumpster there the first time we went or not. 4 Q Uh-hum. 5 A But there was -- I think there was like a trailer 6 there. Like they would have had a backhoe where they 7 parked the trailer, got a backhoe on and off the trailer. 8 Q That was on the street? 9 A On the street, yes, just different miscellaneous 10 construction vehicles and people that lived there vehicles 11 on either side of the road. 12 Q Uh-hum. What's the speed limit for that stretch 13 of road there? 14 A Unknown. It's not marked. 15 Q What did you consider the speed limit to be on 16 that stretch of North Crest Drive? 17 A I really didn't consider a speed limit because we 18 were driving so slow because we were looking at houses. 19 Q You were gawking at houses? 20 A Exactly. 21 Q Uh-hum. Now, your wife had a clipboard with her 22 on the day of the accident. Did she have that clipboard 23 with her on this occasion when you were there before the 24 accident happened? 25 A I can't say a hundred percent for sure. I know Page 31 1 that we usually always had the real estate section. 2 Q The newspaper? 3 A The newspaper section with the house that was 4 circled. Sometimes I remember we had the clipboard with us 5 in there because sometimes I had tablets on it to write 6 notes, so I can't say that every open house we went to we 7 had the clipboard, and I can't say every time we didn't, 8 because this one we did obviously have a clipboard, but I 9 know this wasn't the first time I had a clipboard. It was 10 just hit or miss. We either grabbed it when we left or we 11 didn't. 12 Q Now, were there any other manhole covers on that 13 stretch of North Crest other than the one that you have on 14 your diagram there? 15 A Yes. 16 Q Just with your finger can you touch where they 17 were? 18 A Okay. Well there's one right here in the 19 beginning of North Crest (drawing). 20 Q Okay. 21 A That's one. 22 Q Yes. 23 A Then there is more further down the road, too. I 24 don't remember how many specifically, three, four, five, 25 but there were more. There's more. Page 32 1 1 Q But suffice it to say on the occasion that you 2 were there before the accident happened, after you left 3 Midway, you traveled by at least two manhole covers -- 4 A Uh-hum. 5 Q -- before you made it to the one here that you 6 parked your car; is that correct? 7 A Correct. 8 Q How did those manhole covers look to you? 9 A Raised. 10 Q flow far do you figure? 11 A A few inches. I couldn't tell you specifically, 12 but I would guess, I would say about three inches or so 13 approximately. 14 Q Did they look dangerous to you? 15 A Dangerous enough that I drove around them. 16 Q How come? 17 A Because I didn't want to blow a tire. 18 Q You didn't -- 19 A I didn't want to hit them with the tire, so I 20 went around them. 21 Q What about -- I can understand the tire part. 22 What about the bottom of your car, were you worried that 23 any part of the undercarriage of your car might have caught 24 one of those manhole covers if you would have say straddled 25 it with your tires? Page 3 3 1 A On the first visit? 2 Q Yeah. 3 A I don't know if I gave it a thought on the first 4 visit or not because I just -- I had the availability to 5 just drive around it, so that's all I did was, okay, I just 6 don't want to hit that, just went around it. 7 Q And your reason for avoiding it on the first 8 occasion that you were at the development was for fear the 9 manhole covers might injure your tire? 10 A Correct. 11 Q Puncture it or something? 12 A Right, yeah. 13 Q Did you have any concerns on the first occasion 14 when you visited the development that the manhole covers in 15 the condition that you saw them presented risk of damage to 16 the underside of your vehicle in any way? 17 A I can't recall if I gave it that thought or not. 18 Q Uh-hum. Other than the potential risk of damage 19 to your tire on this occasion, do you believe that the 20 manhole covers in their condition presented a risk of 21 physical injury to you or your wife? 22 A No. 23 Q On that first occasion when you visited the 24 development, do you have a recollection as to the speed 25 that you were traveling in your vehicle after you were on Paize 30 - Paize 33 Multi-Pager"` TERRY A. DOBBS DECEMBER 12, 2005 Page 34 1 North Crest and before you stopped as you have indicated in 2 your diagram? 3 A Probably similar speed. I would probably say 4 around ten miles an hour, just coasting through checking 5 out the houses. 6 Q On that first occasion when you visited there 7 with your wife and while you were driving around the 8 manhole covers, did you and your wife have any conversation 9 about the manhole covers and your efforts to drive around 10 them? 11 A I don't recall that we actually talked about it. 12 I don't think I said, oh, I better go around it. 13 Q You -- 14 A Yeah, I just don't recall. 15 Q Okay. So you go to No. 1? 16 A Uh-hum. 17 Q You talk, and then you go down to the area known 18 as No. 2? 19 A Yes. 20 Q How long were you there? 21 A Until we were done talking and walked through the 22 house and we got back to the car, it was probably close to 23 an hour maybe, if that, probably no more than an hour. 24 Q And just you and your wife on that occasion? 25 A I think we might have had the kids at that one. Page 35 1 I don't recall a hundred percent, but I think the kids were 2 with us on that one. 3 Q While you were there, did the topic of the 4 manhole covers ever come up? 5 A No. 6 Q No discussion about them at all? 7 A No. 8 Q Now, again this is still referring to the first 9 time that you were at the development, the time that you 10 didn't have the accident. I'm showing you now the 11 photographs that are marked Fisher No. 1 -- 12 A Uh-hum. 13 Q -- and Fisher No. 2. 14 A Correct. 15 Q And we can see generally speaking in about the 16 center of both of those photographs is a manhole cover, 17 correct? 18 A Correct. 19 Q Does the manhole cover that's depicted in Fisher 20 1 and 2 appear to be the same as the manhole covers that 21 you saw when you were at the development on the first 22 occasion? 23 A Yeah, they are the same manhole covers. 24 Q And do they look to be in the same -- the 25 condition that they appear in these photographs, did they Page 36 1 appear that same way when you were there at the development 2 on the first occasion? 3 A Yes. 4 Q All right. 5 A I don't see any obvious changes like they were 6 moved or changes or anything like that. 7 Q All right. And the distance between the top or 8 travel portion of the manhole cover is the same distance to 9 the adjacent roadway in the photographs as it was on the 10 day that you visited, or they are not elevated anymore or 11 less? 12 A To be honest with you, I really couldn't say on 13 the first day, because like I said, I just drove around 14 them, so I really didn't give much thought to how high they 15 were. Just I don't want to hit them. Go around them. 16 Q Okay. Do you see anything that's depicted in 17 photographs Fisher 1 and 2 that you can say did not appear 18 to be the way that the manhole cover existed on the first 19 occasion that you were at the development? 20 A No, I don't see nothing obviously different. 21 Q For all you know this could be the very same 22 condition that you encountered on the first occasion as 23 depicted in these photographs? 24 A Correct. 25 Q Okay. Page 37 1 A It could be identical. 2 Q All right. You didn't take these pictures? 3 A No. 4 Q Let me find your car in here. 5 MR. CROSBY: Here. 6 BY MR. FLOUNLACKER: 7 Q I thought -- I might be wasting my time. I 8 thought there might -- this impact was towards the front of 9 the car, correct? 10 A Yes. 11 MR. FLOUNLACKER: Do you have one of the front of 12 the car? 13 MR. CROSBY: I have the undercarriage. 14 MR. FLOUNLACKER: Let me look at that then. 15 MR. CROSBY: Those are all of those. 16 BY MR. FLOUNLACKER: 17 Q What do you think that is? 18 A That looks like part of the exhaust system. 19 Q Do you think? 20 A Uh-hum. I think that's the plate, the way it was 21 connected. 22 Q I couldn't tell if it was a wire or a pipe. This 23 one, you're right, I think it is a pipe. Here we go. Just 24 forgive me. Is this the front of your car? 25 A Yes. Page 34 - Page 37 TTr Tl"TTT70 A T Tl T)TlITTrr lr7l1T T7 XTATAT 112 '717 CA /1-/1'77n/-71'7_Zn-2_CIn 1 TERRY A. DOBBS DECEMBER 12, 2005 Multi-Page' Page 38 1 Q Can you put your finger on there as to where your 2 understanding the impact was? 3 A Right there where the little white spots are 4 (indicating). 5 MR. FLOUNLACKER: Any chance of us marking this? 6 MR. CROSBY: Sure. We'll get the original. 7 THE WITNESS: Yeah. 8 MR. FLOUNLACKER: While we're at it, can I get a 9 photostatic copy of that, because I can have him draw on 10 it, and so that I don't want him to draw on this one, 11 because it's your original. 12 MR. CROSBY: Yes. Can't we just attach a copy of 13 the photo to the -- 14 MR. FLOUNLACKER: We can, yes. 15 MR. CROSBY: To the exhibit or -- 16 MR. FLOUNLACKER: I don't want him doodling on 17 it. 18 (Discussion held off the record.) 19 BY MR. FLOUNLACKER: 20 Q Can you take a moment and go through and identify 21 any pictures in there that you believe depict the condition 22 of the manhole cover on the day the accident happened? 23 A That depict the manhole cover? 24 Q Yes, that you remember it looking like. 25 A Okay. These are all the pictures of the manhole Page 39 Page 401 1 Terry Dobbs Deposition Exhibit No. 2 through 6.) 2 BY MR. FLOUNLACKER: 3 Q Sir, these -- we have got three photographs of 4 the manhole cover -- 5 A Uh-hum. 6 Q -- 2, 3 and 4. The view as we see them here, is 7 that the same view you would have had of the manhole cover 8 as you were driving towards it on the day of the accident? 9 A That's the way I would be driving towards it 10 leaving the development. 11 Q Leaving the development? 12 A Not going into the development. That's coming 13 back out after we were already in. 14 Q Okay. So down here would be Midway? 15 A Correct. 16 Q Okay. All right. And we'll just wrap up then. 17 On your first trip that you were there, you exited from 18 either 1 or 2, traveled back to Midway, and then made your 19 way home, correct? 20 A Correct. 21 Q And on the occasion when you were leaving you 22 also drove around -- you made a conscious decision to drive 23 around the manhole cover? 24 A Correct. 25 Q Both of them? Page 41 1 cover, and they all appear to be the way that it was. 1 A Yeah. 2 Q All the pictures in this stack that you gave me 2 Q Okay. And the first manhole cover that you 3 depict the way it looked on the date of the accident? 3 encountered I guess after you came from Midway and the last 4 A Correct. 4 one that you would have encountered as you were leaving the 5 Q Some of these aren't full views of it. Those two 5 development, did it appear to be in the same condition as 6 aren't full. 6 the other manhole cover? 7 A Okay. 7 A It appeared to be raised. I can't say that they 8 Q This one is. That one is. That one's not. 8 were raised the exact same amount, but yeah, above ground 9 Would we agree of the photographs that we looked at the 9 level. 10 three that I have in front of you now are the three 10 Q Do you have a recollection of one being higher 11 that depict the whole manhole cover, the entire manhole 11 than the other or there being any significant differences 12 cover? 12 between them? 13 A That's correct. They do. 13 MR. CROSBY: This is the first occasion? 14 MR. FLOUNLACKER: Okay. 14 MR. FLOUNLACKER: Yes, sir. 15 (Discussion held off the record.) 15 THE WITNESS: No, not that -- like I said, on the 16 MR. FLOUNLACKER: We're going to do some 16 first occasion I wasn't really paying attention. 17 housekeeping here. 17 BY MR. FLOUNLACKER: 18 THE WITNESS: Okay. 18 Q Okay. 19 MR. FLOUNLACKER: Your drawing we're going to 19 A I just drove around them, because there were 20 mark as No. 1. Now, these three photographs, we're going 20 openings. 21 to mark these 2 through 4, and I don't really care what 21 Q But as I'm understanding your testimony, I want 22 gets numbered which, and then we have got two views of your 22 to make sure I'm right. You made a conscious decision to 23 car, and that will be 5 and 6. 23 drive around both of them? 24 (Drawing produced and marked Terry Dobbs 24 A Yes. 25 Deposition Exhibit No. 1. Photographs produced and marked 25 Q On your way in and on your way out? Pate 38 - Pate 41 Multi-Page` TERRY A. DOBBS DECEMBER 122 2005 Page 42 1 A Yes. 2 Q Okay. Now, as I understand it then, you were 3 back to that development one other time, and that's the day 4 when the accident happened? 5 A Correct. 6 Q Okay. Were you ever -- in between those two 7 visits there were you ever out there in someone else's car 8 or visiting some other way? 9 A No. 10 Q The two occasions you went, you were driving both 11 times? 12 A Yes, I believe so, yes. 13 Q And the two occasions that you went were you 14 driving the same car? 15 A I believe so. 16 Q Okay. 17 A I wouldn't be 100 hundred percent on the first 18 time, but I believe we would have been. 19 Q Okay. The second occasion when you went back, 20 was there anyone other than you and your wife in the car? 21 A No. 22 Q And did you have an appointment? 23 A No. 24 Q Why were you going? 25 A I was -- actually we were going -- we were at Page 43 1 another open house just down the street, and on our way 2 back through. It was just really a spur of the moment 3 thing, because it wasn't really even on our list of places 4 to see that day. We were just traveling by and said hmm, 5 while we are here, let's drive by and see what else is 6 there, what they have going up. It was a spur of the 7 moment to go through there. 8 Q I have a question about the first time you were 9 there. What was the weather like? 10 A I recall it being good weather. I don't recall 11 it being like rainy or snowy or anything. 12 Q Fair weather? 13 A Yeah. It was muddy. I just kind of remember 14 getting mud on my shoes and stuff from walking around the 15 house that was under construction. 16 Q That was on the lot, not the road? 17 A Right. That was more the lot, but the weather I 18 don't recall either day being bad weather. 19 Q Uh-hum. Either day you say? 20 A Either day, yeah, neither time. 21 Q Okay. So the second trip was a spur of the 22 moment type deal? 23 A Right. 24 Q And -- 25 A Yeah, because there's actually up here north -- Page 44 1 well, actually it would be south, south of Crest View, up 2 here is another road that connects to Midway up here. I 3 don't know the name of this. That's the road that we were 4 on. We were driving past all this, and we were like, hey, 5 that's that development we went and looked at. Why don't 6 we turn down, because then we came down Midway this way and 7 turned in. 8 Q So you were traveling towards Midway on a 9 parallel roadway -- 10 A Correct. 11 Q --to North Crest? 12 A Right up here further, yeah. 13 Q And then that caught your eye, and you decided -- 14 A Yeah. Let's go back, because we saw some more 15 houses that weren't up there before. 16 Q More building? 17 A Yeah, so we were like let's go back. 18 Q And then I take it you traveled this way? 19 A Yeah, we came north on Midway, and then we 20 turned. 21 Q Can you put a north on there just so I know? 22 A Yeah. I would say based on my best guess it 23 would be north -- north would be -- I'll put the N here 24 with an arrow this way. This would be north. This would 25 be south. Page 45 1 Q So you would have traveled north on Midway and 2 then made a right? 3 A Made a right and headed east there, yes. This 4 would have been east and west. 5 Q Okay. Now, as you were entering the development 6 on the second occasion -- 7 A Uh-hum. 8 Q -- did you recall anything about the manholes 9 based on your first visit? 10 A Well, the second time I'm pretty sure I remember 11 still driving around the first one. I went right around 12 it. There was a way I could just go around it without 13 going over it. 14 Q And do you remember whether you went to your left 15 or to your right? 16 A I can't recall. I can't recall which way I went. 17 Q And did the manhole cover on the second visit 18 appear to be appreciably different in any way than the way 19 the manhole cover appeared on your first visit? 20 A Not that I recall. 21 Q It looked to be the same? 22 A It looked to be the same the best I can recall. 23 MR. CROSBY: Which manhole cover? 24 THE WITNESS: The very first one. 25 BY MR. FLOUNLACKER: Page 42 - Page 45 ???????..? . ???r. «.?. r. i+: rr.rs ?t ? ?+ • r rr+? r ?? ?nnn /x'71 n ?f Al Zo 1 AI TERRY A. DOBBS DECEMBER 12, 2005 Multi-Page Page 46 Page 48 1 Q The first one? 1 vehicles parked here and here (indicating)? 2 A The first manhole. 2 A Correct, uh-hum. 3 Q And that would have been, just so we're clear, 3 Q Now, can you -- how about say rectangles, can you 4 the first one you would have encountered after you left 4 draw on that diagram rectangles depicting the location of 5 Midway? 5 the vehicles on your second visit? 6 A Right. 6 A The second trip? 7 Q Okay. 7 Q Yes. 8 A Correct, right there. 8 A (Drawing.) Of course, they are probably not to 9 Q All right. And -- 9 scale but -- 10 A But then -- 10 Q Yes. We figured it wouldn't be. I 1 Q Just a -- 11 A Maybe something like that, a vehicle on each side 12 A Okay. 12 of it parked. 13 Q And did you still have concerns that it could 13 Q How about you just put an A and B there so we'll 14 damage your tire? 14 know those depict vehicles? 15 A Yes, and that's why I drove around it. 15 A (Marking.) Okay. 16 Q Okay. And then what happened? 16 Q And as we said before, A and B would be a private 17 A Then we got to the second manhole cover, the one 17 or would you say a pedestrian-type vehicle? 18 that we had the accident with. 18 A Pedestrian type. 19 Q Uh-hum. 19 Q As opposed to a construction vehicle? 20 A The problem this time was there were vehicles 20 A Yes, not to say that it wasn't a pickup truck 21 parked on either side of that manhole cover. Now, you 21 that belonged to a construction guy. 22 don't really see them on any of the pictures, but it was a 22 Q Right. 23 situation where there was vehicles on both sides of the 23 A Yeah. 24 manhole cover, so I could not -- I could not go around 24 Q But it would be like a half-ton pickup truck? 25 either side of that second manhole cover. 25 A Right. I don't recall either one of them being Page 47 1 Q Now, they're not going to get this on the record, 2 but I'm just going to show you something to see. There 3 were cars here (indicating)? 4 A Correct. 5 Q And when you say vehicles, these are private 6 passenger vehicles? 7 A I don't recall. I don't recall if they were 8 people that lived there vehicles, construction workers' 9 vehicles. They were just two vehicles, one on either side, 10 that I could not go, I could not avoid going over top of 11 that one. 12 Q But when you say vehicles, you are talking about 13 a car or a pickup truck? 14 A Right. 15 Q As opposed to a backhoe on a lowboy or something 16 like that? 17 A Right. I recall it as being vehicles. 18 Q Yes. 19 A Pedestrian vehicles. 20 Q Okay. 21 A Yes. 22 Q You said it better than I did. 23 A Yeah. 24 Q And for the purposes of your diagram, and again 25 they are not going to get it, but there would have been Page 49 1 like a dump truck or anything like that. 2 Q That's what I'm getting at. Now, on any 3 occasion, and again I'm going back to the first one 4 included, did you ever encounter any oncoming traffic on 5 driving in or out of there? 6 A To be honest with you, I think I did on both 7 occasions. I think at some point I had to move over and 8 let somebody pass or somebody else moved over so that I 9 could pass. I think -- I couldn't tell you if it was on 10 the way in or the way out, but I just remember I think 11 pulling over so a car could come out or come in or 12 something to that effect. I think somebody did the same 13 thing for me one of the times. 14 Q We're going to change now. This is back to the 15 occasion when the accident happened. 16 A Back to the accident? 17 Q Correct. You leave Midway, and you go around 18 this first manhole -- 19 A Uh-hum. 20 Q -- to the left or to the right? 21 A Correct. 22 Q And then you proceed east? 23 A Yep. 24 Q Towards the manhole, the second manhole? 25 A Correct. Page 46 - Page 49 Multi-Page TM TERRY A. DOBBS DECEMBER 12, 2005 Page 50 1 Q Where were you intending on going? 2 A All the way to the end of the paved road. We 3 were going to go all the way to the end which is what we 4 did, but to get to that I had to drive over top of that 5 manhole cover. 6 Q Okay. And so this is the second occasion you 7 were there? 8 A Uh-hum. 9 Q The first time you encountered this manhole, what 10 happened? 11 A The first time I encountered it? 12 Q Yes. 13 A On the day of the accident the first time coming 14 in? 15 Q Yes, sir. 16 A When I got to the manhole cover, once again 17 worrying about my tires, I was a tire nut, I went -- well, 18 I didn't want to try to squeeze on either side, because I 19 knew that I would be going over the manhole with the other 20 set of tires, so I decided it would be best for me just to 21 straddle it and drive over that way, because then I 22 wouldn't hit it with my tires. 23 Q Did you make it? 24 A Yes, that's what I did. 25 Q Did you make it? Page 51 1 A I drove right over it, no hitting it, no 2 bottoming out, no nothing, just drove right over it. 3 Q How fast were you going? 4 A Ten miles an hour, just coasting through. 5 Q Uh-hum. Now, when you went over it on that 6 occasion, the time I'll say -- I'll say straddle it. 7 A Straddled it, uh-hum. 8 Q Is that fair? 9 A That's fair. That's what we did. 10 Q On the first occasion that you straddled it -- 11 A Uh-hum. 12 Q -- at any point while doing that did you have any 13 concerns that the undercarriage of your car might strike 14 any part of the manhole? 15 A No, I really wasn't thinking undercarriage. I 16 was thinking tires. I was just, okay, I don't want to get 17 my tires, because I was thinking if I hit the lip that was 18 raised, I didn't know if it was sharp or anything. I 19 didn't want to gouge the inside of my tires, so I wanted to 20 make sure I was centered and went right over it. 21 Q Okay. And then what happened? 22 A Then we drove to all the way to the end, which I 23 couldn't tell you how far it was, but probably about 24 another -- twice as long as this distance is, another two 25 or three more manhole covers, and now you got to the end to Page 52 1 where the paved or like the road is paved here, the paving 2 stopped, and it just became dirt and gravel. That's when I 3 stopped, did like a three-point turn, and then we were just 4 coming back out again. 5 Q Did you spend any time up there on that second 6 trip? 7 A Not really, no. We didn't get out of our car 8 until after the accident. We just drove in, did our 9 three-point turn, and we were on our way out, and we just 10 kind of looked at a couple of the houses, what they had 11 going, and just scoping it out, because we had other houses 12 to get to during our open house period. We were just kind 13 of doing a drive-by to see what was going on in the 14 neighborhood. 15 Q I see. As I understand it then, the direction 16 that you were traveling when you had the accident was this 17 way (indicating)? 18 A Correct. 19 Q And I'm just -- I'm going to do this. 20 A Sure. 21 Q I'm going to put an arrow, a blue arrow 22 (marking), and I'm going to put a ring around it. 23 A Okay. 24 Q And that depicts the direction of your travel -- 25 A Uh-hum. Page 53 1 Q -- when you had the accident, correct? 2 A Correct. 3 Q Okay. Is that view depicted in any of these 4 photographs? That's 3, 2, 4 -- 2, 3, 4? 5 A I'm pretty sure. I would say -- yes, I'm pretty 6 sure that that is the direction that all these pictures 7 were taken. We were leaving. Those are pictures of our 8 leaving the development. 9 Q Okay. So now Exhibit Terry Dobbs -- 10 A Uh-hum. 11 Q -- 2, 3, and 4 all depict the view of the manhole 12 cover that would have been displayed to you on the drive 13 that you were on when the accident happened coming out of 14 the development? 15 A Correct. 16 Q Okay. 17 A Yes, the same things with these Fisher 1 and 2, 18 they are both the exact same. We were on our way out. 19 Because these are colors, that's a little easier for me to 20 see. Those are regular. 21 Q So the photographs in Fisher 1 and 2 also depict 22 that same view of the manhole cover? 23 A Correct. 24 Q All right. 25 A I'm a hundred percent on these two, guaranteed Page 50 - Page 53 TTTT!\TTTfC4 AV 7171T0'4WTT ri1T T7 ?T A T AT 10 '71'7 CA'7_7nz_CIn I TERRY A. DOBBS DECEMBER 121 2005 Multi-Page' y` Page 54 1 that that's leaving, but these being black and white, this 2 one here I can't give you a hundred percent, but I can give 3 you a hundred percent on Fisher 1 and 2, that that's us 4 leaving. 5 MS. STOMBAUGH: Which one is it you are not a 6 hundred percent on? 7 THE WITNESS: This one here, I can't really tell, 8 because I don't have background. 9 M.S. STOMBAUGH: I just wanted to know. No. 4? 10 THE WITNESS: No. 4. I think 2 and 3 should 11 be good, because I'm seeing the dumpster in the 12 background which should lead me to believe it was the same 13 direction. 14 BY MR. FLOUNLACKER: 15 Q Here are the originals of the photographs that 16 are your 2, 3 and 4. Does that help you? 17 A Yeah. Definitely -- yeah, these two definitely, 18 whichever numbers they are. It's just this last one that I 19 just wouldn't be -- I'm pretty sure it is, looking at the 20 dirt marks here. 21 Q See this here? 22 A Yeah, that's a hundred percent. On No. 3 that's 23 us leaving. 24 Q All right. 25 A No. 2, that's No. 2? Yeah, that's definitely us Page 56 1 wasn't there when they took them, so I can't say a hundred 2 percent that's when they were taken. 3 MR. FLOUNLACKER: Me neither. 4 MR. CROSBY: Here's two more. 5 THE WITNESS: I don't see any here. None here 6 that depict it the other way. 7 BY MR. FLOUNLACKER: 8 Q Does this look like the manhole cover where you 9 had the accident? 10 A Yeah, that's -- it's a million dollar question, 11 without the -- without supporting pictures, stuff in the 12 picture, you know, it very well could be, and I would only 13 assume that it's that one, but I can't tell you 100 percent 14 that is this one, or could that be a picture of the first 15 manhole when I came in, because I don't have a wide enough 16 shot to say if it is or isn't. 17 Q Let me back up a minute. Why don't you tell me 18 what happened. You went up there and did your three-point 19 turn? 20 A Uh-hum. 21 Q And then what happened? 22 A We did our three-point turn. We were once again 23 just coasting on our way out, just looking at the houses 24 and whatnot, approaching the manhole that we struck. The 25 same thing, I was attempting to straddle it. Page 55 1 leaving. 2 Q All right. 3 A And then going off of merely just looking at the 4 road surface, going where the dirt marks are, I can see 5 that this one is also in the same direction. 6 Q Okay. 7 A So they should all be us leaving. 8 Q All right. So Fisher 1 and 2 and your Exhibits 9 2, 3 and 4 are all depicting the view you had of the 10 manhole when you were leaving? 11 A Correct. 12 Q Okay. 13 A With the exception of which obviously my 14 eye level was not ground level like this picture was 15 taken. 16 Q Do you know if there are any pictures in here 17 that depict the manhole the other way? Can you take a 18 minute to look through there? 19 A Sure. 20 Q And just for the record, all of the photographs 21 that we have been looking at for your Exhibits 2, 3 and 4 22 were taken on June 10th, 2002. 23 A Okay. 24 Q That's what they indicate, correct? 25 A Right, that's what Mr. Crosby indicated. I Page S 7 1 Q In between A and B there? 2 A Yeah, in between A and B, we were approaching, 3 going to straddle the manhole cover, and all of a sudden 4 within a second the vehicle came to a dead stop. The air 5 bags deployed. The horn went off. The wife started 6 screaming instantaneously. There was no like -- it didn't 7 start to grind first. It was from coasting along at ten 8 miles an hour to a dead stop instantaneously. 9 Q That's what you believe, your speed was ten miles 10 an hour? 11 A Yeah, approximately. That's the best, because we 12 were just costing through there looking at houses. 13 Q What's your position on how or to explain why you 14 were able to straddle it on the way in and you couldn't do 15 that on the way out? 16 A From looking at the manhole cover at the scene 17 and being there, there is a dip, and you vaguely can see it 18 here in Fisher 2, but there's a dip on -- on this diagram 19 here, Terry 1, right here there would be a dip in the 20 pavement (indicating). 21 Q Put a star there and circle it. 22 A Okay. A star with a circle (marking). So 23 there's a dip there in the pavement, that as I was coming 24 out obviously my right front tire went into that dip, and 25 as it went into that dip it lowered the car just enough Page 54 - Page 57 Multi-Page TM TERRY A. DOBBS DECEMBER 12, 2005 Page 58 1 that my undercarriage hit that manhole cover. 2 Q That dip that you have there, that manhole cover 3 with the dip that you have with the star -- 4 A Uh-hum. 5 Q -- can you find that dip on any of these 6 pictures? 7 A Fisher 2, it appears to be there (indicating). 8 Fisher -- Terry 4, right there would be where I would say 9 the dip was. 10 Q Now, Terry 4, I'm going to ask him to write on 11 that. Can you put a ring or encircle the dip that you have 12 depicted with the star on your diagram? 13 A I'm pretty sure it's right about there is where 14 the dip in the road is (marking). 15 Q All right. Do you see it anywhere else, sir? 16 A I would say it's right there in this picture 17 (marking). 18 Q Okay. How about anywhere else? 19 A I can't really see it clear at all on that 20 picture. 21 Q Do you see it in any of these pictures? 22 A It's tough to say. I can't really gauge, like I 23 said, without the background. I would have to -- possibly 24 in this area of this picture, but I can't tell you anything 25 for that picture or this picture. Page 59 1 Q I don't want you guessing. 2 A Yes. 3 Q The ones that you have circled you're sure? 4 A Yes, I'm sure. 5 Q Okay. 6 A And I didn't mark it on these, but it's on these 7 two also. 8 Q As you were driving towards the manhole cover, 9 and it seems to me that your tire would have encountered 10 the area that you have encircled here on Dobbs No. 3 before 11 you got to the manhole cover; is that correct? 12 A Well, yeah, it's right before the manhole cover. 13 Q Yes. 14 A But it's all right relative in the same spot. 15 Q Did you feel any sort of sensation as a 16 consequence of your tire encountering this dip or area? 17 A No. 18 Q After you made your three-point turn prior to 19 attempting to exit the development, after you made that 20 turn and before you encountered the manhole cover, did you 21 slow your vehicle at all? 22 A I can't say for a hundred percent that I did, 23 because like I said, we were really just were coasting at 24 like ten miles an hour. The only thing I can say that I 25 know that I did was make sure that I lined my vehicle up on Page 60 1 it, so that I could straddle it. 2 Q Would it have been possible for you to drive 3 one of the tires to your vehicle over top of the manhole 4 cover? 5 A Could I have? 6 Q Yeah. 7 A Probably. 8 Q Either the left or the right? 9 A Yeah, I probably could. There's probably enough 10 room that I could have put a tire over it and still clear 11 the vehicles. I can't say that for a hundred percent 12 depending on which vehicle, how far out they were parked, 13 if I would have went one way I would have hit that car 14 versus the other way, but I probably could have went one 15 tire over the manhole cover and did it that way. 16 Q Did you consider doing that that day when you 17 were leaving? 18 A No, because I didn't know how sharp the edge of 19 the manhole cover were, so I didn't want my tire anywhere 20 near the manhole cover. 21 Q When you were driving in on the second occasion 22 and you straddled the manhole cover on your trip into the 23 development; is that correct? 24 A Correct. 25 Q On that occasion did you feel any change or Page 61 1 sensation in your vehicle as a consequence of driving 2 anywhere around that manhole cover? 3 A No, it just -- to me it just felt like a normal 4 drive, just straddled it and went right over top of it, 5 didn't hit nothing, didn't bottom out, didn't do anything 6 that would lead me to believe there was a problem. 7 Q Do you believe when you straddled it going in, do 8 you believe that you did drive over that dip as depicted in 9 Dobbs No. 3? 10 A I can't really tell. Depending on where exactly, 11 how far was I one way or the other, did I actually hit the 12 dip coining over it, I don't know. I can't say if I was -- 13 because it is kind of in line with the manhole cover, so 14 depending on how I centered the car, I could have missed it 15 completely. I could have went over it. I don't know for 16 sure. All I know is that I went over the manhole cover for 17 sure and didn't hit nothing coming in. 18 Q Do you believe you were traveling at a reasonable 19 speed or an appropriate speed when the accident happened? 20 A Oh, absolutely. 21 Q Did you think you were speeding? 22 A Not at all. 23 Q Do you think you were keeping a proper lookout? 24 A Oh, yeah, I don't think I was doing anything 25 wrong. Page 58-Page 61 TTT Tl7TTT In A T TTT/"'?TTT TAT T7 1T A T A T T x'7117 CAn nP1'1A1^7t ^7 ?A? CIn I TERRY A. DOBBS DECEMBER 12, 2005 Multi-Page ' Page 62 1 Q Well, that's what this suit against you says. Do 2 you believe -- I believe the suit says you were 3 inattentive, driving at an unreasonable speed, actually 4 speeding and not keeping a proper lookout. Do you agree 5 with that? 6 A I disagree with that. 7 Q Uh-hum. Did you ever talk to your wife about 8 that? 9 A Yes. 10 Q What was said? 11 A Just that that's how -- 12 MS. STOMBAUGH: I'm going to have to object to 13 that. You can answer it. 14 THE WITNESS: Just I did see something in writing 15 that said that. 16 BY MR. FLOUNLACKER: 17 Q Sure. 18 A That said I was speeding, and we just kind of 19 looked at that like I don't know where they came up with 20 that because that was not in any statements or anything 21 like that. 22 Q Well, what I think you looked at is the Complaint 23 filed by your wife. 24 A Uh-hum. 25 Q This is page 3 -- Page 63 1 A Okay. 2 Q -- of the Complaint, Michele Dobbs. That's you, 3 Terry. 4 A All right. 5 Q That's us below. Under Count I Negligence, and 6 this is Michele Dobbs versus Terry Dobbs. 7 A Uh-hum. 8 Q Under Paragraph 20 it says the occurrence 9 resulted in injuries -- 10 A Yes. 11 Q -- to Michele were caused directly or proximately 12 by the negligence of Defendant Terry A. Dobbs, and I'll 13 characterize these. A through I, you were inattentive, 14 didn't have your vehicle under adequate control, failed to 15 maintain your vehicle in the right-of-way, vehicle in such 16 a manner that you were unable to apply your brakes before 17 striking the manhole cover, failing to drive carefully and 18 at a prudent speed, failing to keep sufficient control over 19 your vehicle, and driving in excess of the speed limit. Do 20 you believe you were doing any of those things? 21 A I disagree with every one of those. 22 Q All right. Has your wife ever accused you of 23 anything like this when you two have talked about this? 24 MS. STOMBAUGH: Objection. Go ahead. You can 25 answer. Page 64 ? 1 THE WITNESS: No. 2 BY MR. FLOUNLACKER: 3 Q Do you believe she thinks you did any of these 4 things wrong? 5 MR. CROSBY: I object to that question. You can 6 go ahead and answer. 7 THE WITNESS: No, I don't think she believes that 8 I did any of those. 9 BY MR. FLOUNLACKER: 10 Q Do you have an understanding as to why these 11 appear here then? 12 A I know why I'm a defendant, yes. 13 Q Why? 14 A Because of my wife is the victim in this case, 15 and regardless of how it turns out, she did nothing wrong. 16 She's a passenger in a vehicle holding a clipboard. Now, 17 somebody -- someone or something caused those injuries, so 18 somebody is at fault or something is at fault, and to cover 19 all of their bases, they need to acknowledge every 20 possibility of what could have been a factor in this 21 accident, one of them being me driving, some of them being 22 the roadway itself, and that is why I am a defendant. 23 Q Although it's a possibility, do you believe you 24 did anything wrong? 25 A No. Pagc 65 1 Q Why do you think this accident happened? 2 A Because there was a dip in the road. If the dip 3 wasn't in the road my car wouldn't have sunk down. I 4 wouldn't have hit the manhole cover. 5 Q At any time before today, had your wife ever told 6 you anything that led you to believe she thought that you 7 were responsible for causing this accident? 8 MS. STOMBAUGH: I'm going to object again, but 9 you can go ahead and answer. 10 THE WITNESS: She has never specifically said 11 that it was anything that I've done, meaning bad driving or 12 anything like that, but there has been reference made that 13 she's got the injuries, she didn't do anything wrong, so it 14 goes back to, well, somebody, somebody or something, but 15 nothing specific like if you weren't a bad driver that 16 wouldn't have happened, nothing like that. 17 BY MR. FLOUNLACKER: 18 Q Nothing like that? 19 A No. 20 Q Both the air bags went off? 21 A Correct. 22 Q Do you have any understanding for the vehicle 23 that you were operating as to what kind of speed you have 24 got to be driving at when you hit something to have the air 25 bags deploy? PaI?e 62 - Page 65 Multi-Page M TERRY A. DOBBS DECEMBER 12, 2005 Page 66 1 A From what I gathered after the accident from 2 reading all my manuals from head to toe and making some 3 phone calls, there is a sensor in the car, and it is some 4 sort of -- I don't want to say -- I don't know what the 5 correct term is, but I would say it's like a seismic 6 sensor, and it senses motion. While the vehicle is in 7 motion, it's just doing whatever it does, but when it 8 senses the sudden stop, the dead stop, that is what 9 deployed the air bags. 10 Q Regardless of the speed? 11 A Regardless of the speed. It had nothing to do 12 with like -- because right away I was thinking, I thought 13 the sensors were in the bumpers, so I was thinking why did 14 they go off because I physically didn't hit nothing. The 15 bumpers didn't hit nothing. Why did my air bags go off? 16 And from making phone calls and reading the stuff, that's 17 where I learned that, no, they are seismic sensors in 18 there, that the car sensed that that vehicle was traveling 19 regardless of what speed it was traveling. It was just 20 moving, and then instantaneously it came to a dead stop. 21 That's what deployed the air bags, because the car didn't 22 know why it came to a dead stop. 23 Q Where did you learn that? 24 A Just from reading the owner's manuals and making 25 a couple phone calls to the 800 phone number. I called Page 67 1 Hyundai. I asked customer service. I had some questions. 2 Q I'll grant you these are copies. How about 3 looking at Dobbs 5, can you put your finger on where you 4 believe the impact was between your vehicle and the manhole 5 cover? 6 A Right there in those little white spots 7 (indicating). 8 Q Can you ring it? 9 A (Marking.) 10 Q So that was about dead center in the middle of 11 your vehicle? 12 A Uh-hum. 13 Q Yes? 14 A Yeah, about dead center of the car. A little -- 15 if you looked at it, it was a little closer to the 16 passenger side versus the dead center, yeah, but for the 17 sake of argument the center, the center passenger side. 18 Q Uh-hum. And to your understanding that's the 19 only point of impact between your vehicle and the manhole 20 cover? 21 A Correct. 22 Q There's a steel tape in this Dobbs 6. Do you see 23 that? 24 A Uh-hum. 25 Q Did you ever measure the distance between that Page 68 1 portion of your vehicle to the roadway? 2 A No. 3 Q Do you know what that distance is? 4 A No. 5 Q Can you see how far that tape is out? And I'm 6 going to represent to you that the photograph that you are 7 looking at is actually the original of the photograph 8 that's been copied in Dobbs No. 6. Does that appear to be 9 the same to you? 10 A Yes. 11 Q Okay. Can you read how far that steel tape's 12 out? 13 A It appears to be out I'd say two and a half 14 inches. 15 Q Uh-hum. Above the -- 16 A Above the tape itself. 17 Q Yeah. Where did you get your car fixed? 18 A Brenner, Brenner Collision, Auto Collision Center 19 on the Carlisle Pike. 20 Q What was the matter with it? 21 A Well, in a nutshell the air bags being replaced 22 and then the undercarriage. I don't remember if there was 23 any true frame damage or not or if everything that was 24 damaged they just unbolted and put new stuff up. 25 Q Did anybody tell you the car misperformed in any Page 69 1 way? 2 A No. 3 Q Were you hit with the air bag? 4 A My air bag, yeah. 5 Q Did it hurt you? 6 A The cover, the cover scraped my arm, my right arm 7 (indicating). 8 Q Your right forearm? 9 A Yeah. 10 Q Were you like this (indicating)? 11 A Right. Correct. 12 Q Your hands were on the wheel, and it went off? 13 A Yeah. When the cover -- I don't remember if it 14 flipped up or flipped down, but when the steering wheel 15 cover flipped, the way I was holding it at 3:00 and 9:00, 16 it like raked my arm. Like the edge of the cover, it just 17 raked my arm, got black and blue, had some burning on my 18 arm. We don't know if that was brush burn from the air bag 19 coming out, but as far as the air bag, the air bag never 20 hit my body, never hit my face, chest, never hit nothing. 21 It came out, in and out, inflated and deflated within a 22 split second. 23 Q And it never touched your -- 24 A Never touched me. 25 Q Your trunk or your face or anything like that? Page 66 - Page 69 TERRY A. DOBBS Multi-Pager DECEMBER 12, 2005 Page 70 Page 72 1 A No, never touched anything. The only thing that 1 wasn't a finished roadway? 2 touched me, like I said, was the cover scratched me, 2 A I didn't really give it any thought to it, like 3 scraped me. 3 when I was turning into that developments, oh, we're going 4 Q Did you have your seat belt on? 4 down a bumpy road. No, I didn't think of anything like 5 A Yes. 5 that. The only thing that caught my attention was, oh, 6 Q Did that catch you? 6 manhole covers, the roadway is not finished, so I'll try to 7 A Well, it didn't really catch me because I really 7 avoid the manhole covers. 8 wasn't going fast. I just -- there was no -- there wasn't 8 Q Would you have been surprised if you would have 9 like no whiplash. There was no jerking. It was when it 9 encountered uneven surfaces on the roadway as it was 10 happened it was like -- but it was all so instantaneous. 10 constructed like that? 11 It was air bags deployed. They deployed, and they were 11 A Probably not. 12 completely flat again before you could even comprehend what 12 Q Did you understand that there was not a finished 13 just happened, that fast. The big thing was Michele was 13 asphalt surface to the roadway on the occasions when you 14 screaming. The horn was going off, and Michele was 14 visited the development? 15 screaming. Those are the two things I remember. 15 A Yes. 16 Q What was the horn going off for? 16 Q Had you ever seen roadways constructed like that 17 A A safety feature, so that if you ever wrecked 17 in any similar fashion? 18 your car off the road or something and you went down in a 18 A Yes. 19 ditch. 19 Q Were other housing developments that you visited 20 Q They know where to get you? 20 during your house hunting, did they contain similar 21 A If an air bag deploys the horn will go off 21 roadways? 22 nonstop. 22 A I don't know if any developments that we saw 23 Q How did you shut that off? 23 during our house hunting were like that, but I was in 24 A A neighbor came out because the horn was going 24 developments that were under construction that had that. 25 off. 25 Q Uh-hum. Page 71 Page 73 1 Q Yeah. 1 A I don't know if they were directly related to our 2 A One of the neighbors that lived on the side 2 house hunting but... 3 street got a wrench, and we disconnected the battery. 1 3 Q Yeah. And the dip that you have here circled on 4 didn't realize what happened to her. She had her hand over 4 the photographs depicting the dip around the manhole cover 5 her mouth, and she was bleeding, and I didn't realize that 5 when you had the accident, that dip, was that different 6 it was the clipboard that did it. At first I thought did 6 than the dips or bumps in the roadway as you described when 7 the air bag do that? How could the air bag? But then when 7 you saw other roadways in similar conditions? Was that any 8 she got out of the car, they got her a towel, and I'm 8 worse or any better than what you had seen in the past on 9 pretty sure the people that actually got her the towel were 9 similar roadways? 10 the people who were like managing the development, the same 10 A Well, the only -- 11 house that we went to to sit down and talk with them. I 11 MS. STOMBAUGH: I'm just going to object to that, 12 think it was the same people. And then when I went back to 12 object to the form, but go ahead. 13 the car to get the battery disconnected, that's when I saw 13 THE WITNESS: The only difference being on the 14 the clipboard in pieces in the car. 14 other roadways that I went over, I have straddled other 15 Q When you were driving on North Crest on any of 15 manhole covers before in the same car, and I have never hit. 16 the occasions that you were at the development, did you 16 any, so obviously there has to be a difference, so -- but 17 encounter any bumps or uneven surfaces in the roadway? 17 that's -- you know, they all had their bumps. They all had 18 A Your standard little bumps here and there, that 18 their little things, but I have straddled other manhole 19 you could tell it wasn't the finished roadway yet. 19 covers and didn't hit any one, and I straddled this one, 20 Q Uh-hum. 20 didn't hit it before, so there was no reason for me to 21 A You could tell it was the first layer down, and 21 believe I was going to hit it going out. 22 but, no, it wasn't like super smooth like somebody just 22 BY MR. FLOUNLACKER: 23 made the final layer and made it pretty. It was -- 23 Q Right before the bag went off was your foot on 24 Q Did you expect that it would be normal to 24 the gas or the brake? 25 encounter some deviation in the roadway surface because it 25 A Probably the gas, probably the gas, because we Page 70 - Pate 73 Multi-Page'` TERRY A. DOBBS DECEMBER 12, 2005 Page 74 1 were just driving out. 2 Q And at this point were you accelerating? 3 A I would say we were just going at a steady speed, 4 because once I did my three-point turn we were just putting 5 along about, like I said, ten miles an hour the whole 6 length of the road all the way back to Midway until I got 7 to the stop sign. 8 Q Is that a manual or automatic transmission? 9 A Manual. I'm sorry. Automatic, automatic. 10 Q Automatic. Do you know what gear you were in? 11 A Drive. 12 Q And do you know what gear your transmission was 13 in when the accident happened? 14 A I would only assume drive. 15 Q Yeah, but does it have more than one gear when 16 you drive? 17 A Yeah, it had low gears, like a low 2, a low 3 and 18 a low 2, but I was in drive. 19 Q Do you have an appreciation for which of those 20 gears you were in? 21 A Oh, I see. It was up channeling through the 22 gears? Oh. 23 Q Yes. 24 A I see what you are saying. 25 Q Yes. Page 75 1 A No, I honestly -- I don't recall. I couldn't 2 tell you remotely what gear it was in, but I know I'm going 3 at ten miles an hour, so I don't know how many gears it 4 would have been up at that point. 5 Q Do you have a tach in that car? 6 A I don't think that Elantra had a tach in it. To 7 be honest with you, I don't think it did. 8 Q I don't -- 9 A I can't say a hundred percent, but I don't recall 10 that it did. 11 Q I don't know why they put tachs in automatics, 12 but they do. 13 A Yeah. 14 Q Does that car have a tach? 15 A The Elantra? 16 Q Yes. 17 A I don't think so. It might. I don't recall. I 18 can't say a hundred percent. 19 MR. FLOUNLACKER: Can I see you a minute? 20 MR. CROSBY: Uh-hum. 21 (Recess from 1:20 p.m. to 1:28 p.m.) 22 BY MR. FLOUNLACKER: 23 Q Just one quick question. When the air bags went 24 off, did you put your foot on the brake? 25 A The second that they went off, my foot was Page 76 1 probably not on the brake, but when they deployed, yeah, it 2 was probably instinct to put the car in park. 3 Q Just wondered. 4 A Brake, put it in park. 5 Q Is that what you did? 6 A Uh-hum, yeah. It sat right in the middle of the 7 road for the first initial few minutes. 8 Q We're going -- this is a little different, and I 9 talked to your lawyer about this. Normally I would go on 10 now and talk to you about your wife's injuries and damages 11 and stuff and then depose her and go over a lot of the same 12 liability stuff because she was in the car with you. 13 A Uh-hum. 14 Q What we're going to try now if we can do it is 15 you have just ended all the testimony about how this 16 accident happened and your visits and everything you have 17 discussed. I'm going to take some time now and review that 18 with her to see -- she's been sitting here throughout all 19 of your testimony to see whether or not she agrees with it. 20 A Okay. 21 (Deposition of Michele Dobbs from 1:30 p.m. to 22 1:36 p.m.) 23 BY MR. FLOUNLACKER: 24 Q Changing gears here, I want to talk about your 25 wife's injuries. Now, your wife's lawyer has -sent me a Page 77 1 very comprehensive, I believe, comprehensive package 2 outlining her medicals and things like that. What I'd like 3 to talk to you about is how these injuries have affected 4 her, and we'll start with this. What's your understanding 5 as to the nature or kind of injuries that your wife 6 received as a consequence of the accident? 7 A Well, the obvious is the teeth that were knocked 8 out. She required stitches for a laceration on her lip 9 probably from where the clipboard went across her face. 10 Q Is that here (indicating)? 11 MRS. DOBBS: Yes. 12 MR. FLOUNLACKER: Hold on. That's a good point. 13 I want to see that. Where is that, Ma'am? 14 MRS. DOBBS: It knocked those teeth out. 15 MR. FLOUNLACKER: Your lip here? 16 MRS. DOBBS: And I would need a mirror. I'm 17 sorry. Like right in that area (indicating). 18 MR. FLOUNLACKER: Right down here (indicating)? 19 MRS. DOBBS: Yeah. I would need a mirror. I'm 20 sorry. 21 MR. FLOUNLACKER: That's all right. And you are 22 still missing those? 23 MRS. DOBBS: Yes, and then up at the top. 24 BY MR. FLOUNLACKER: 25 Q Okay. Go ahead. Page 74 - Page 77 MT[TAFQ AT RRTrTTT VnT T7 ATATAT R 717-11;dlLn77n/'717-2o2_C7n, TERRY A. DOBBS DECEMBER 122 2005 Multi-Page Page 78 1 A Yeah, and her front tooth being broke off, 2 chipped off. 3 Q That's on the upper? 4 A Yeah, upper front tooth is kind of temporarily 5 fixed. Down below you see the two were knocked out. 6 Q Yes. The teeth that were knocked out were on the 7 lower? 8 A On the lower left where she has two metal poles, 9 that's where she needs to have teeth in there. Her front 10 tooth was like broke in half, chipped at an angle which 11 they sort of have it temporarily fixed. 12 The jaw, she had TMJ. I don't know what that 13 really means, but it's the doctor's term, but she has the 14 joint in the jaws, because of the impact of the clipboard 15 j ammed the jaw bone in there, causing in a nutshell there's 16 nothing that she'll ever do to get rid of that. She'll 17 have lifelong TMJ problems. There's nothing you can do 18 with that. Once you injure it, it stays like that. 19 The -- due to all her surgeries, her oral 20 surgeries, they had to -- where her two metal rods are, 21 they actually had to cut her open and implant a bracket if 22 you will into her jaw so that her bone would heal where the 23 bone was broken, broken off, and they kept raising the 24 bracket which would then allow more bone to grow and do 25 whatever they had to do to anchor the implants in so that Page 79 1 she can receive implants, but during that whole procedure 2 she got a severe blood infection which then hospitalized 3 her, so she was in Hershey Med. for I think four or five 4 days inpatient because of this blood infection. 5 Then after that because of the blood infection 6 she got put on lvs, antibiotics, the only way that they 7 would let her come home, which then we had to administer tv 8 antibiotics at home, I don't know, for like a month, give 9 or take. I can't tell you exactly how long we did that. 10 Q Uh-hum. 11 A But yeah, it just seemed like a never-ending 12 problem after problem, and now we're back to -- you know, 13 we're past the blood infection. We're past the oral 14 surgery. Now we're just to the finish line, if you will, 15 waiting to get the implants put in. 16 Q When was the last time that your wife received 17 any medical care because of any of the problems that she 18 has had as a consequence of the accident? 19 A The anchors, getting the anchors put in, the 20 metal anchors for -- 21 Q That's in her lower jaw? 22 A Yeah, that's the last I can recall. 23 Q And when was that done, sir? 24 A Oh, you know, I don't honestly recall when it 25 was. I remember what doctor, where it was at. Page 80 1 Q Who was the doctor.) 2 A I don't remember his name. I just remember where 3 it was at. 4 Q Where was it at? 5 A Off of St. John's Road in Mechanicsburg. It 6 might have been Camp Hill technically, but that's when we 7 -- whenever he told us, that's where we're going to get the 8 implants done, so he told us how much it will be to get the 9 implant and all that stuff. 10 Q And we are here winding up 2005. 11 A Yes. 12 Q Was that done in 2005? 13 A That's a very good question. I would honestly 14 have to say I think it was. I think it was in this year 15 where we finally got to see him, and he's going to be the 16 one that's going to finish her off, if you will. I think 17 that was this year. 18 Q And other than that, in 2005 do you know whether 19 or not she's received any other care? 20 A I think she might have had some follow-up visits 21 with -- yeah, she had to see Dr. Sabocheck who was the oral 22 surgeon, the one that did the implants and all that stuff. 23 I think she seen him at least once this year. It's just 24 they all run together to me. 25 Since the accident it seems like it was just Page 81 1 every other month give or take we were going to a different 2 place to have something. It was either her TM7 was being 3 looked at or the implants were being looked at. 4 Q When was the last time you remember your wife 5 receiving any treatment for something related to the TMJ? 6 A I honestly can't recall. 7 Q What problems is she currently experiencing to 8 your understanding as a consequence of the TMr 9 A Just the pain. I don't know if she's getting 10 swelling in there because of it, but she'll make mention to 11 me my jaw is hurting today or something like that. 12 Q And when she voices that to you, what does she do 13 about it? 14 A Take Tylenol, something to that effect, to try 15 to, you know -- not all the time because she's -- because 16 of other health problems she doesn't like to load up on 17 medicines. 18 Q What do you mean, what other health problems? 19 A She has -- if you'll give me a second here -- 20 Sjogren's syndrome. Don't ask me to how to spell it. 21 Q What is it? 22 A Inflammation of something. I'm out there. I 23 can't really -- and she has arthritis. 24 Q How does the syndrome affect her? What's it 25 do? Page 78 - Page 81 Multi-Pagerm TERRY A. DOBBS DECEMBER 12, 2005 Page 82 1 A Her saliva, I know it affects her, like her eyes 2 don't get enough water, enough moisture. She doesn't have 3 enough moisture in her mouth. She has eye problems because 4 of that. 5 Q Drying out? 6 A Yeah, because of her eyes drying out, she has to 7 take eye drops and stuff like that. 8 Q And because of that it limits her use of Tylenol? 9 A Well, she just has medicine for her arthritis, 10 she has medicine for the eye drops, and she just tries -- 11 she don't like to just -- she don't like to become medicine 12 dependent, if you will, especially going through the whole 13 month of 1v at home and this, that and the other thing. 14 Q Where does the arthritis affect her? 15 A Her joints, it's all over. 16 Q All over. And how -- say around this time here, 17 the end of 2005, how frequently does she voice a complaint 18 to you about problems with her jaw or Tmi type stuff? 19 A I don't know. I probably hear something maybe 20 once a month or something. I can't really say, you know. 21 It could be a couple times one month. It could go a couple 22 months without me hearing anything. I can't be -- I can't 23 tell you exactly. I don't have like little notes that I 24 kept track of when she did. 25 Q I understand. Now, that status, if you will, Page 83 1 that you have just described, the complaining like that, 2 how long has that been the case? 3 A With her jaw? 4 Q No, with the complaining as to the degree she is 5 now, I think you said once a month or it may go a month 6 when you might not hear something. 7 A It's hit or miss. It's just she has her good 8 periods where, yeah, we could go a few months and she don't 9 bellyache about anything, and then she has her months where 10 the whole month could be a bad month. It's just -- 11 Q And how long has it been that way, since the 12 accident? 13 A Since the accident, so it seems -- it just seems 14 like there was always one thing or another, but she's -- 15 and I might not be the best help with this, because, you 16 know, sometimes I would accuse her of bellyaching, so there 17 are times where I know she's hurting and she's not saying 18 anything just by the way she'll move, the way she's 19 sitting, you know, just different things. Oh, is it 20 bothering you? Yeah. Because I guess I'm not necessarily 21 the most supportive when it comes to -- you know, to my 22 idea of pain and her idea of pain are -- she -- what she 23 deals with on a day-to-day basis I would probably be 24 bellyaching. I went to the emergency room for sunburn, you 25 know, so... Page 84 1 Q Have you noticed since the accident happened 2 until today the problems with her TMJ getting any better? 3 A No, it's still -- it's the same. Like I said, 4 she'll have her good months, and she'll have bad months. 5 It's there. It's not there. 6 Q Is there anything that you are aware of that she 7 might do to exacerbate it or make it worse or trigger a bad 8 period for her? 9 A Well, there was worse periods when she was going 10 through all the oral surgeries when they were in there 11 digging around and when she had her blood infection and all 12 that stuff. It was obviously much worse, but there's 13 nothing that she does now that's day-to-day routine stuff 14 that I could say, oh, well, you drank out of that water 15 bottle and now it hurt your jaw. There's nothing that she 16 does that I can pinpoint that, oh, you did that and that's 17 what caused it. 18 Q How is this -- she has a laceration here on the 19 outside of her lip. Do you know what sort of treatment she 20 received for that? 21 A I think the laceration outside, I think she had 22 stitches in her lip from the accident. 23 Q And after those stitches were removed; do you 24 know whether she went on to receive any other care for her 25 lip? Page 85 1 A Not on the outside, not the outside, no, I don't 2 recall anything being done out there. 3 Q Are you aware of any present plans that your wife 4 may have for any additional treatment for her lip? 5 A No, I don't know of anything. That's not high on 6 our priority list right this second. 7 Q Have you discussed anything about it? 8 A What we discussed is her getting her implants put 9 in. That's where we're at. We want to get that done. 10 Q Have you ever had any discussions with your wife 11 regarding anything that might be done to the outside of her 12 lip? 13 A We've discussed about the entire thing, you know, 14 especially like with the chipped tooth up front, on the 15 upper front tooth there, you know. You can look at her 16 tooth and tell it's broke in half. You can see the 17 difference. 18 Q I'm going to talk to you about all those things, 19 and I'm just focussing here on the lip right now. Do you 20 recall having any conversations with your wife specifically 21 regarding future medical care for her lip? 22 A Well, we discussed that she should be put back as 23 best as possible to what she was before the accident, and 24 if that included -- if there was some way, some sort of 25 plastic surgery that could make that scar go away or Page 82 - Page 85 HUGHES ALRRIGHT F01.TZ NATAT.F. 717-540-077(/717-191-5101 TERRY A. DOBBS DECEMBER 121 2005 Multi-Page TM Page 86 1 diminish it, I would love to have that done for her. 2 Q And have you ever talked with her about that? 3 A Yeah, we discussed, like I say, getting her back 4 to what she looked like before the accident. 5 Q Uh-hum. 6 A No nose jobs or anything like that. 7 Q Sympathetic guy. 8 MRS. DOBBS: Yeah. 9 THE WITNESS: No extras. 10 BY MR. FLOUNLACKER: 11 Q You're a corker. The upper teeth, I want to 12 shift gears now to that. Now, what exactly -- you told me, 13 but I forget. What exactly happened to her upper teeth? 14 A Her upper front tooth, by looking at it you can 15 see where it was literally broke in half at an angle. 16 Q You can see that now? 17 A Oh, yeah, you can go over there and look right at 18 it, and they kind of have like a temporary fix to that, but 19 it's unknown at the time if that tooth is going to actually 20 survive at this time or not. 21 MR. FLOUNLACKER: Okay. And which one? 22 MRS. DOBBS: (Indicating.) 23 BY MR. FLOUNLACKER: 24 Q And what about that? 25 A We're not sure on the whole status of that, Page 87 1 because that fix job was just a temporary fix to that 2 tooth, so that it's not obvious when she would smile at 3 somebody that she had a jagged tooth. 4 Q How long after the accident was it that she had 5 the repair to her upper teeth? 6 A That was probably one of the first things that 7 they did. 8 Q Uh-hum. 9 A After obviously making sure the teeth that were 10 knocked out, cleaning that out and suturing that up, then 11 because that was the most noticeable thing, that they did a 12 temporary, and I think it fell off at least once. We lost 13 it. It disconnected, came out. We went back, and they put 14 another one on there. Whatever they did, I don't know what 15 they did to fix it, but that was I think Dr. Sabocheck did 16 this, and that was solely a cosmetic. This is just a 17 temporary fix until we find out what we're going to do to 18 give you a permanent solution. 19 Q And what would the permanent solution be? 20 A We don't know if they talked about doing some 21 sort of -- I don't know if it was crown or something, a cap 22 that would go over the entire tooth, so that it would be 23 like a real tooth instead of being able to see the crack 24 line, see that they are two different shades of white. 25 Q Is that the problem with it now, the shading or Page 88 i coloring? 2 A Right. There's nothing that they can do to shade 3 them out to make them the same without either putting like 4 a cap or a crown that would cover the entire tooth or 5 outright removing that tooth all together and doing like 6 what they did for the bottom, putting in an anchor and 7 putting in a fake tooth. 8 Q Since that repair work was done following the 9 accident, are you aware of any other care or treatment your 10 wife has received for those upper teeth? 11 A I don't recall. I can't recall any. 12 Q And I think the other area that you mentioned was ,13 her lower mouth, the jaw area where she is actually missing 14 a couple of teeth? 15 A Right, on her lower left -- 16 Q Yeah. 17 A -- where the posts are in her mouth now, where 18 she has the two metal posts. 19 Q And what's your understanding about what is to be 20 done or could be done regarding that? 21 A We're to the point now where we just need the 22 actual implant, the fake tooth to be put onto that stem. 23 That's where we're at now. 24 Q And is that what those things are that you see? 25 A Yes, those are stems, yeah. Page 891 1 Q And that's where the tooth will go upon? 2 A Go over top of that and cover that, yes. 3 Q And that's what needs to be done for the lower 4 jaw? 5 A Right. Yeah, she's done with all other surgery 6 for that, and it's just a matter now of finishing off, put 7 the caps on. 8 Q Is that what I saw in the demand package that 9 references the $5,000, is that -- 10 A Yes. 11 Q Does that ring a bell as to the cost projection? 12 A Yes. It's going to cost 5,000 bucks to get those 13 put in. 14 Q So as I understand it here, just bear with me, 15 for an additional $5,000 the crowns, if you will, could be 16 put upon those posts and in your wife's lower jaw, correct? 17 A Correct. 18 Q And otherwise then that would leave the 19 discoloration in the upper tooth? 20 A Correct. 21 Q And the scar that she has on her lip? 22 A Correct. 23 Q Okay. Would that be accurate? 24 A Yes. 25 Q Okay. Page 86 - Page 89 Multi-Page TERRY A. DOBBS DECEMBER 12. 2005 Page 90 1 A As best as I can. She might have more for 2 you. 3 Q Other than what you have described for me 4 regarding her TMJ and the problems that maybe she will 5 either verbalize or you will see, other than the TMJ, are 6 there any other physical pains or problems that she tells 7 you about or that you see her experiencing because of 8 injuries related to the accident? 9 A Physical? 10 Q Yes. 11 A Other than the TMJ, no, I don't. I don't see 12 anything that like she's complaining of anything. 13 Q So as I understand it then, the future treatment 14 for your wife will include the capping of the posts in the 15 lower jaw? 16 A Uh-hum. 17 Q And maybe something with the upper front teeth? 18 A Right, something more permanent that would make 19 it look more natural. 20 Q Yes. Is that your understanding as to the future 21 treatment she may have? 22 A Yes. 23 Q All right. Does the injuries that your wife 24 received in the accident keep her from doing anything now 25 that she'd like to do? Page 91 1 A Physically or mentally? 2 Q Well, you tell me. 3 A Because physically I can't think of anything that 4 -- obviously chewing's a problem because you are missing 5 two front teeth. You know, I can't -- she can pretty much 6 do everything that she could do before with her mouth, so I 7 don't think there's anything that she can't really do with 8 her mouth, but now on the mental side of the ball game, we 9 got issues there with she's really over sensitive to 10 everything now. If we are on a street, she is looking at 11 manhole covers. 12 Q I see. 13 A If she sees a manhole cover, you better go around 14 that, whether it's level, flush or what. I mean she's just 15 -- she's now over sensitive. Obviously we've learned about 16 having clipboards up front with you, don't do that. She's 17 very sensitive to what we have up front with us. We don't 18 have extra stuff in our vehicles up front. We very rarely 19 will ever let the kids set up front nowadays because of 20 that. 21 Now they say, you know, air bags save you. Well, 22 this is one of those rare incidents where all the damage 23 was done by an air bag. But yeah, mentally it's -- you 24 know, if you are in a parking lot and you are driving 25 around even the cement curbs to go around, it's just see, Page 92 1 takes note, do that kind of stuff now. She's like watch 2 that curb, watch that curb, don't hit the -- just because 3 she knows if that car comes to a stop that could happen 4 again. There could be -- you know, even though she's not 5 holding a clipboard, it's still psychological in her head 6 that it's different. 7 And even like after the accident when we were 8 still house hunting, because we did still go into some 9 other developments that were still under construction, and 10 we would not do much driving through them. We would pull 11 in and park, let's walk, because of that. 12 Q Anything else? 13 A She'll -- she's got the stress of dealing with it 14 sometimes. She'll come home from work. 15 Q What do you mean? 16 A She'll come home from work. You know, people -- 17 people when they see the posts, 20 questions, what's that, 18 why do you have that in your mouth, so it's like she has to 19 relive the accident and explain, because she works in a 20 health clinic, so she has patients all the time, every day, 21 different people, so it's not like you tell the story one 22 time, and now everybody knows what happened. You get 23 different patients every day. Oh, what's that? I didn't 24 notice that the last time. Well, they've been there for 25 three and half years. You know, well, the posts haven't Page 93 1 been. 2 Q I know. 3 A But it's people will notice how come your tooth's 4 a different color, so that mentally bothers her, and 5 sometimes she'll come home, and she's, look, I had to tell 6 them about it again. It frustrates her that she's not -- 7 three and a half years later she is not back to where she 8 can -- she really can't move on. She can't get past the 9 accident yet because she's still -- it's always being 10 brought up. 11 Q Can you think of anything else? 12 A I think I pretty much hit it all. That's the 13 best I can think of. 14 Q Okay. Your lawyer gave me some numbers I want to 15 run by you here. My understanding is that your 16 out-of-pocket expenses thus far are a little over $4,100. 17 Does that sound about right to you? 18 A Is that including salary? 19 Q No. 20 A Okay. 21 Q This is medical. Wages I have now that you bring 22 it up are a little over $1,000. 23 A See, the wage number is way off. 24 Q Okay. 25 A I would have to see -- I would actually have to Page 90 -Page 93 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-391-51 n TERRY A. DOBBS DECEMBER 12, 2005 Multi-Page Tm Page 94 1 see it broken down, but I saw some numbers originally and 2 her -- the amount of her wages, the amount of work that she 3 lost was much higher than that. I don't know if some of 4 those numbers actually got incorporated into out of pocket. 5 Q How long was she off work? 6 A Oh, my goodness, the easiest way that I could 7 explain it was before the accident happened, she had 8 vacation time and she had sick time. During the recup 9 time, if you will, we used up all her vacation time and all 10 her sick time. Everything that she had was used. Then all 11 her appointments thereafter were all leave without pay, so 12 without getting her pay stub, I just don't have the 13 information in front of me, but pretty much every hour that 14 she shows on her stubs that was leave without pay was 15 directly related to an appointment for this accident, and 16 it was -- I had it up to like 5, $6,000 worth of straight 17 lost work because she was at an appointment because of 18 this. 19 Q You think that's a more accurate figure? 20 A Oh, yes, absolutely, 5 or $6,000. I could go 21 home and pull out her pay stubs and get you a more firm 22 number to be like right on, if you will. 23 Q Uh-hum. 24 A But so then and because of using up all her 25 vacation time, then we couldn't do a family vacation Page 95 1 really, because she had no time now, because we used it all 2 up because of this. 3 Q How much vacation and sick time did she use 4 because of the accident? 5 A Well, that's a good question. I honestly can't 6 tell you how much she had saved prior to her accident. 7 Q A period of weeks? 8 A But she earns -- back then she was earning eight 9 hours of vacation and eight hours of sick a month, so she 10 was earning two days a month combined, that she was using 11 all that plus leave without pay to get all these 12 appointments in, and then when she got hospitalized for the 13 five days, that killed us financially. 14 But as far as our out-of-pocket expenses, yeah, 15 we had -- our insurance deductible when we got the car 16 fixed, that was out of pocket. And there was other things, 17 but I don't have the outright numbers, but our big concerns 18 are the medical bills. Like for the guy who is going to 19 finish her teeth, we wrote a check for him to do the 20 initial consult, a hundred and some dollars, whatever that 21 was. 22 I mean we got expenses that I don't have in front 23 of me to say just exactly what we spent, but the big, the 24 big things are obviously we need the money to get her 25 finished. We need the lost wages recouped, and that's Page 96 1 where we're at. 2 And, of course, her oral surgeon has never been 3 paid. He did all that work on her, if you will, knowing 4 that some day, and that's -- I don't even know what 5 Dr. Sabocheck is up to. He has got to be somewhere -- 6 $10,000 is probably what we owe him. He has got to be up 7 there somewhere. I don't have the information right in 8 front of me. 9 Q Is she currently taking any medication on a 10 regular basis, prescribed medication? 11 A For the accident or not for the accident? 12 Q For the accident. 13 A I don't think so. I don't think there is 14 anything prescribed for the accident. 15 Q Has she ever been prescribed any sort of oral 16 appliance because of the TM1? 17 A There was something that they gave her so she 18 wouldn't like -- I don't recall what it was, but there was 19 something that she did have that prevents her from -- like 20 a mouthpiece or something. 21 Q Yeah. 22 A I don't recall what it was, if it was a 23 retainer-type thing. 24 Q How long did she use that? 25 A I honestly can't even -- I can't recall. I just Page 97 1 remembered her having it. 2 Q For awhile? 3 A Yeah. 4 Q I mean did she stop using it? 5 A Yeah, she doesn't use it now. 6 Q Do you recall the last time that you -- do you 7 recall the last time that she did use an oral appliance or 8 that thing you are describing? 9 A I can't recall. I don't remember when she got 10 it. I just remember she had it because of that, because of 11 the pain, and they wanted her to -- and it could have had 12 something to do with the surgeries they were performing at 13 the time, too, so... 14 Q Do you recall seeing your wife wearing that at 15 all during 2005? 16 A I honestly don't recall. 17 Q Anything else you would like to tell me about how 18 the injuries have or are affecting your wife that we 19 haven't already talked about? 20 A No, I think I pretty much hit them all. 21 MR. FLOI: TACKER: I'm assuming you don't have any 22 questions of him? 23 MS. STOMBAUGH: No. 24 MR. FLOUNLACKER: Thank you. 25 MR. CROSBY; 1 don't have any questions either. Page 94 - Page 97 Multi-Page M TERRY A. DOBBS DECEMBER 12, 2005 Page 98 1 (The deposition was concluded at 2:02 p.m.) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 99 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 Terry A. Dobbs. 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questions 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 1 further certify the said deposition was taken at 14 the time and place specified in the caption sheet hereof. 15 1 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 29th day of December, 2005. 24 25 Diane F. Foltz, RMR TTT Tl_T=Q AT T211? Tf_TTT T7nT 77 N A T A T F 717- %An-(177(1/717-14Z-'q1(11 Page 98 - Page 99 Er? k I b I + G STATEMENT OF TERRY BANKES REGARDING MICHELE DOBBS--ACCIDENT OF 6/9102 Q My name is Todd Hassinger, representing the law firm of Handler, Henning & Rosenberg..) am located at 1300 Linglestown Rd. in Harrisburg, Pennsylvania. This is a recorded phone interview with Terry Bankes, regarding the.case of Michele Dobbs. Today is Thursday, May 25, 2006; the time is approximately 8:50 a.m. Um, Terry, do I have your permission to record this conversation? A Yes. Q A Q A Q A Q A Could you please state your full name and spell your last name? It's Terry Bankes. And it's B-A-N-K-E-.S--. And your address? Is 50 North Crest Dr., York Haven,. PA 1:7370. And you please state your phone,phone number? Uh, yeah. Area code 717-932-9067. All right, and your date of birth, Terry? Uh, 10/1/62. t-- 4A Q And what is your occupation? A Uh, package handler for FedEx. Q All right. And I understand that you were aware of a problem regarding a manhole cover located on North Crest Or., and which caused a motor vehicle accident, which occurred on June 911o..f.;2002. Is that correct? A Yes. Q Um, can you please provide a general description of the roadway at the time of the incident you had just mentioned, that, which, which you had just mentioned? A Well, the manhole was up pretty high. Um, that, the, actually the manhole that, -1- v EXHIBIT B I uh, the woman had hit, um, that was actually dead in front of her house. Um, that was up, you know, pretty high and I 'guess after, you know, the incident, they actually did come out and re-do it. 'Urn, the road, like I said, down through there's manholes and they're even above where they shouldn't even be above, you know, the roadway, so.they're still some here that are even up a little high. Q All right. Now the one, the one that, the one in question, the one that Ms. Dobbs struck, uh, that caused the incident, you say that was been corrected, that was corrected? A That was corrected probably about a month or so after she had hit it, because that was not the only incident. I mean, now, there was no ambulance or anything like involved, but a friend of my son's had come over here after he has gotten his driver's license and he had hit.it and when he hit it, it either - I think it tore his axle out or did something that he ended up having to get an axle, because by the time he got out.. at the :end of .the road, the wheel part of his car was actually coming out, that; you.-know, that's what caused it, when he hit it, but that isn't the only incident that -has happened. That's just a, you know, uh, with her accident, that's-that was actually the major one. Q I see. And who was this? A Um.. Q This individual? A I'm trying to think what his name was, because he actually moved and went to Florida. Um, - oh, God, I wish I knew what. his name was- my, my boy's not even here to (can't understand).: Qh, G.od! Q Did he contact Mr. Fisher in regards to damages to his vehicle? A No, you see, we told him that he,; fihat*he:s;hould; because, you know, you're not supposed to be up that high. You know, my husband's a contractor hisself and, you know, he said th, they were: just too* high- they should not even be that high, but, yeah, I can't, I wish I would, knew what his name.. I can't remember what his name was. Q Well, if you think about it, please give me a call back and you can leave that information. Um, and you say that, uh, even to, even now, to this day, there are several manhole covers that are still high? -2- t AL A Oh, yeah, if you could... Oh, yeah. I, I'd say probably... Q You have to avoid going over them? Directly? A Uh, yeah! Mainly the ones that have cars. Now, see, we have trucks, but now, see, I won't straddle 'em. My husband always yells at me for even straddlinI 'em. He doesn't even want us to straddle 'em. He wants us to go around 'em. Q (can't understand) A Oh, yeah. There's, yeah, because there's actually two- the one that stands in front of my house is the one that the girl had hit and, then, if you go up the street, um, there's actually one, that they actually fixed that one too, because that one was high too, but not as high as the one that was here in front of our place, but now, if you go down.the. road, um, out to the other entrance now, since you can actually go out to the other entrance, there are manholes out there and even the water things, they're all above. And I mean very, very far above the road! Q Would you, uh, were you present at the time -of, uh, of, eh, uh, were you present at the time of the injury to Ms. Dobbs? A No. Q So you didn't actually witness it. A No. Q OK. All right. When were you first aw4...of... A Well... Q the incident? A I'd say like 20 minutes after, well, no, it wouldn't even be 20 minutes, because everything was already done and over with and her car was still sitting here when we got home and then that's when Doug come out and he said, um, he more or less said to Barry about, "what'd I tell you! Somethin' was gonna happen and then he went and told us you know more or less what went on and that's like, well, we were waiting for it: ' Q OK. All right. So you didn't talk to Ms., Ms., Dobbs? -3- A No. Q Mr. and Mrs. Dobbs at all? A No. Q OK. Did you or your husband ever discuss this problem with Mr. Alvin Fisher? A No, no, we didn't, no. Q How about Dave Miller? A Probably Dave did, because, we, I know a d, a couple of us have already said about, you know, how high these manholes and things were, so now I don't know what, um, Dave had, you know, if he had ever mentioned anything to Alvin or what, because right now he's supposed to re, re, actually supposed to be redoing this road, because this road is not all the way completely done. It needs another coating over it and apparently he still hasn't done that - that, that was supposed to be done about a year or so ago, I guess Q OK. A you know. Q Well, did you or your husband com, make any complaints to Mr, to Dave Miller? A No. Q No. OK. All right. Did your husband.complain to anyone in particular in regards to the manhole cover? A No. Q All right. Are you aware of Ms, whether, whether Ms, whether Doug Wall, eh, complained to either, uh, Dave Miller or Alvin Fisher? A . I couldn't tell ya. Q. Sure. OK. Now, you'd stated one other instance involving, what you say, a young, young man? A Yeah, it was, yeah. It was my so, it was a friend of my son's that he had went to school with, um, I just wish I knew what his name was, because, like I said, he had a, more or less like a low, like a low-sittin' car and he had hit it, um... -4- t A Q - Now, and you say this not, that's not the only other incident? A Well, no, there's been two or, I think there's been two other ones, but nothing concerning any major, um, medical treatment or anything like that, I mean like... Q Just damage to the vehicles? A Yeah, to the vehicles, yes, because .I know,.um, the -boy that actually hit it not longer after she hit it, I think it cost him a little over $200 to get an, - I'm pretty sure it was the axle, because whatever he hit, when he left here then, he, he didn't even get out the other main road that far, when he turned around and had to call and had, my, my youngest one or the oldest boy went down and, um, went to look to see what was wrong with his car and here the wheel-.I'm thinking it's an axle- because an axle will slide - I mean, like your tire will come out from, you know your fender or whatever, if you knock this one piece or something, but, yeah, he ended up damaging his vehicle and then we told him that, you know, he should either go see Dave or,.you .know, try to find out how to get ahold of Alvin, uh, to more or less see what could be done about it, but he never, he, I guess he never worried about doing it or he fixed it hisself, because he did fix it like 2 days later, he was back with the same car, so, he did fix that, and I can't think of what the other one was. I think the other one was an exhaust system had, had been ripped off from hitting it and -I think that was a young boy too. Now I don't know who that.boy .way though, because he wasn't a friend of my son's though. Q Were you, uh, were those instances that you were, uh, told about or were you present at the time they happened? . A Well, we, now I was present when my son's friend was here and, and had hit that manhole and knocked the axle or whatever out. Yes, now we were present; we were at home when that happened, um, you know, we didn't know it -- well, we knew that he hit it- we were here when he hit it, but then we didn't, um, yeah.. When he hit it, we were here and then when, when he went down the road and he had called my son, then my son come back and said after he hit that, you know, it did this and it was like, I knew! Sooner or later! Q All right. Is there anything else that you would like to add, Terry, that, uh, we didn't discuss or touch upon that you feel is relevant in the matter? A No, I don't think. Q All right, and I was given your permission to record this conversation, is that correct? -5- + J 1 ,? A Yes. Q OK. I have no further questions. This concludes your recorded statement. Thank you again for your time and cooperation. A OK. (TRANSCRIBED BY VFF ON 513012006) -6- C', ,?Vj b I -? J UNI Lf LUUV IUL UI a jI Iit I Iit it 1V Vlrla aa....a ••••.... It / STATEMENT OF DOUGLAS WAHL REGARDING TERRY & MICHELE DOBBS ACCIDENT OF 619/02 My.name is Todd Hassinger, representing the lawfirm of Handler, Henning & Rosenberg.. I am located at 1300 Linglestown Rd. in Harrisburg, Pennsylvania. This is a recorded phone interview with Douglas Wahl, regarding the case of Michele Dobbs. Today is Tuesday,.'May 2, 2006; the time is approximately 3:55 p.m. Q Uh, Mr. Wahl, do I have your permission to record this conversation? A Q A Q A Q A Q A Q A Q A Q Yes. Could you please state your..; full name- and spell your last name? Douglas Wahl. W-A-H-L. " And what is your address, Doug? 45 North Crest Drive, York Haven, PA 17370. OK, and can you please state your phone-number? 717-932-4919. . And your date of birth? 4/24/60. And your occupation? Retired. Retired, OK. Now, I understand that you aware of a problem regarding, regarding a manhole cover, located. on North Crest, North Crest Drive, and which caused a motor vehicle accident which occurred on June 9, 2002. 'Is that correct? That's. correct. OK. Um, when did you move to that, your address, your current address? EXHIBIT C V 1:11 LI LVVV iuv v1-v. •..• •.. .. ... ....-- ----------?- A February 1, 2001. Q OK. A 2/1 of 01. Q OK. And when did you notice that this manhole cover was a problem? A Uh, initially, when we moved in, it was a little bit high, but it got worse through .the first year we were here as It rained. Q. OK. Now, you, you moved into a new home? Correct? A Correct. The third house. Q Third house. This is, this was a, uh, uh, new street? A Correct. Q OK. Um, was the road paved, was your street paved at the time? A It has some ruptures on it, still has not, has the final coat. Q OK. All right. And you say the road actually sunk? A Well, that manhole cover-you're speaking of was directly in front of my home and the reason I was aware of it, I had a 2001 Grand Prix TDB.. - Q OK. A -And it sits about 6-1 /2 in. off the road and I could not drive over that manhole cover. I had to go around it one way or the other. Q All right. Did you contact anyone regarding that? A Yeah. Alan Fisher. He's the property owner that the construction crew bought this land off of. He's responsible for the road for my requesting the township Q OK. A The township still is in a state of not taking responsibility for this road. Q Did you speak to Alan Fisher in person or someone... -2- UU11 LI LVVV IVL. .... A Q A Q A Q A Q A Q A Q A Q A Q A Q A Q A Um, in person and through the construction company. OK. So you talked to the head(?) directly. You also spoke to somebody through the construction company. Correct, OK. I am aware that's there. The construction company and Alan Fisher were fined (can't understand), October a year ago, because the road is not complete. OK. And is not up to code. He was fined by the township? The township. OK. And that's, again, what township? Newberry Township. OK. Did anyone other than yourself, any neighbors- I know you s id you were the third, you said you were the third home purchased on that stre t? Correct. OK. Any other, any of your neighbors contact anyone? I believe, uh, Bankes's, I believe they're 50 North Crest Drive. That's Barry and Terry Banks? Correct. OK. I believe it's Bankes. Bankes, OK. Do you know who they would have spoke to? I have no idea. -3? JULY GI LUUU IUL. vi •vi .u. ... .. ....r.r.. ..________ • !) . Q OK. Do you speak to, uh, Barry? A Yeah. Q OK. When did he move in, do you know? A Uh... Q Approximately. A He was here two, three months before I was. Q OK. Do you know Dave Miller? A Yes. He's the salesman for Oakwood Cre, Oakwood Custom Homes. Q OK. And was he aware of the problem? A Yes. Q OK. Did, did you contact Dave or did you speak to Dave? A Yeah, well, I said I talked to crews(?) the Construction Co.- that's who I was speaking to. Q OK. All right. A He drove over it every day as well. Q He's aware of it as well? A. Yes. Q OK. And do you believe, to your knowledge, he would have passed that information along? A Oh, absolutely. Q Was there, anything else that he was concerned about? A Um, well, he was one of the guys who was pushing Alan Fisher to get the road done, because it's not up to code. Q OK. Do you know, what, what is his address? -4= ` a0 w A 55, 1 believe. Q OK. A North Crest Drive. Q OK. Do you recall the actual, uh, accident regarding Terry Dobbs? A I was not present for the actual accident. When I got homey I have a camp up north- when I got home, the car was sitting there and the airbags were deployed and later on that day, I talked to someone concerning that vehicle. - Q OK. And they, they explained to you what happened? A Yeah. Q OK. Were they home? A Um, I believe who I talked to was the gentleman who was driving the car. Q I see. OK. A No. I'm, I'm cause, it was the insurance, somebody from the insurance company or a Police Dept or something- he was associated with the Police Dept. Q OK. A He was a friend of the person driving the car. Q I see. OK. All right. Did any of your neighbors that you know of witness the accident? A Not that I know of. Q OK. Do you recall what was said or how it happened or what happened? A Uh, they were looking at homes through here and, from my understanding, the young lady in the car, who I now know as being Ms. Dobbs was driving, uh was in the passenger side and holding a clipboard and when the airbag deployed when they hit the man(hole) cover with the frame of the car or the transmission- I'm not sure which hit first- it deployed, threw everything up into her face. Q I see. OK.. All right. Is there anything else that you would like to add that you feel is relevant in this matter that we didn't discuss or touch upon? -5- dull C-1 LUUU ? U?L V1 . v 1 ,u, ,,,u..?... ......._.._ as v A Not that I know of. Q All right, then, I, I, uh, have no further questions. This concludes your recorded interview, (TRANSCRIBED BY VFF ON 511112006) -6- ? a s s? CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant, Terry A. Dobbs, by sending a copy of the same to his counsel of record, Christopher M. Reeser, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Rd., Ste. B, Harrisburg, Pennsylvania 17112 and, also, on Defendant Affordable Building and Construction Co., by sending a copy of the same to its counsel of record, John Flounlaker, Esq., Thomas, Thomas & Hafer, P.O. Box 999, Harrisburg, PA 17108, by United States Mail, regular service, in Harrisburg, Pennsylvania on July ? 2007. HANDLER, NI G& ROSENBERG, LLP By ew S. Crosby, Esq. Attorney I . D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 Tel. No.: 717-238-2000 Attorneys for Plaintiff ?rry t t ..( 75C L' Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Crosbv6Dhhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. DOBBS, NO. 2004-2338 Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2007, upon consideration of Defendant, Affordable Building & Construction Co.'s Motion for Summary Judgment, and any Answer filed in response thereto, it is hereby ORDERED and DECREED that said Motion is DENIED. BY THE COURT: J. Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Crosby@hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. DOBBS, NO. 2004-2338 Plaintiff V. CIVIL ACTION - LAW TERRY A. DOBBS and AFFORDABLE BUILDING & JURY TRIAL DEMANDED CONSTRUCTION CO., Defendants ORDER AND NOW, this day of , 2007, upon consideration of Defendant, Affordable Building & Construction Co.'s Motion for Summary Judgment, and any Answer filed in response thereto, it is hereby ORDERED and DECREED that said Motion is DENIED. BY THE COURT: J. #28 MICHELE L. DOBBS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TERRY A. DOBBS AND AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants NO. 2004 - 2338 CIVIL TERM IN RE: MOTIONS FOR SUMMARY JUDGMENT BEFORE BAYLEY, GUIDO, JJ. ORDER OF COURT AND NOW, this 19TH day of JULY, 2007, the separate Motions for Summary Judgment filed on behalf of each Defendant are DENIED. Edward E. Guido, J. Matthew S.Crosby, Esquire 1300 Linglestown Road Harrisburg, Pa. 17110 ,Christopher M. Reeser, Esquire 4200 Crums Mill Road, Suite B Al Harrisburg, Pa. 17112 Court Administrator :sld 6 1 r' L 0,'10D Z - '."! -? -If A ?o DTJ 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 MICHELLE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING AND CONSTRUCTION CO., Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Michelle Dobbs, Plaintiff in this action, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 1 (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. HANDLER, HENNING & ROSENBERG, LLP Date: S?, ??dliZ Laurie J. DeBarr, Esq. Attorney for Plaintiff jl? 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 MICHELLE L. DOBBS, Plaintiff V. TERRY A. DOBBS and : COURT OF COMMON PLEAS . CUMBERLAND COUNTY,' . PENNSYLVANIA NO. 2004-2338 AFFORDABLE BUILDING AND CIVIL ACTION-LAW CONSTRUCTION CO., Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Michelle L. Dobbs, intends to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. HANDLER HEN1 UNG & ROSENBERG, LLP MIEW S. CROSBY, Attorney for Plaintiff Michelle L. Dobbs Dated: July, 2007 • .OMMONWEALTH OF PENNSYLVAk._. COUNTY OF CUMBERLAND MICHELLE L. DOBBS, Plaintiff V. TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants No. 2004-2338 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO.: R.L. Livingston Excavating and Paving, 1 Blair Mountain Rd., Dillsburg, PA 17019 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all documents, correspondences, reports, records, or invoices in any wav relating to the construction including road work and/or sewerwork, building, paving, dedication, inspection or maintenance of North Crest Drive in Grandview Acres Development in Newbeny Township. Cumberland County from 1999 through present. at 1300 Linglestown Road, Harrisburg. PA 17110 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 Matthew S. Crosby. Esquire Address: Handler Henning & Rosenberg, LLP 1300 Linglestown Road, Harrisbura. PA 17110 Telephone: (717) 238-2000 Supreme Court ID # 69367 Attorney For: Plaintiff. Michelle L. Dobbs BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy - ----- ------ --------- ?: ? ? =I.3?° r. ; ?' ??i _ -? ?-; ` ??? ... .? 3 ?.S{-D -.y.? ? ? ?-° f _ . ? ? ?1 ?? -- _ ?? ?:? .? '"'i:. 4- r. • • n rv p -f J r ? -gym.. Matthew S. Crosby, Esq. = cr, 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 MICHELLE L. DOBBS, Plaintiff V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 TERRY A. DOBBS and AFFORDABLE BUILDING AND CIVIL ACTION-LAW CONSTRUCTION CO., Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Michelle Dobbs, Plaintiff in this action, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, I - A ? 0 0 (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. HANDLER, HENNING & ROSENBERG, LLP Date: 43 n2amo-Z Laurie J. DeBarr, Esq. Attorney for Plaintiff 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 MICHELLE L. DOBBS, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,: PENNSYLVANIA V. NO. 2004-2338 TERRY A. DOBBS and AFFORDABLE BUILDING AND CIVIL ACTION-LAW CONSTRUCTION CO., Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff, Michelle L. Dobbs, intends to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no obj ection is made, this Subpoena may be served. HANDLER HENNING & ROSENBERG, LLP MATTHEW S. CROSBY, ESQUIRE Attorney for Plaintiff Michelle L. Dobbs Dated: July ;' , 2007 06MMONWEALTH OF PENNSYLVA,0 COUNTY OF CUMBERLAND MICHELLE L. DOBBS, Plaintiff No. 2004-2338 V. TERRY A. DOBBS and AFFORDABLE BUILDING & CONSTRUCTION CO., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Newberry Township Manager, 1915 Old Trail Rd. Etters PA 17319 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all documents correspondences reports records or invoices in any way relating to the construction including road work and/or sewerwork building paving dedication inspection or maintenance of North Crest Drive in Grandview Acres Development in Newberry Township, Cumberland County from February 2005 through present at 1300 Linglestown Road. Harrisburg. PA 17110 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 Matthew S. Crosby, Esquire Address: Handler Henning & Rosenberg LLP 1300 Lin6estown Road. Harrisburg. PA 17110 Telephone: (717) 238-2000 Supreme Court ID # 69367 Attorney For: Plaintiff, Michelle L. Dobbs BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy MICHELE L. DOBBS, Plaintiff v. TERRY A. DOBBS and and AFFORDABLE BUILDING & CONSTRUCTION Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2338 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and satisfied. HANDLER, NING & ROSENBERG, LLP BY: Matthew S. Crosby, Esq. 1300 Linglestown Rd. Harrisburg, PA 17110 Tel. No.: 717-238-2000 Supreme Court ID No.69367 Attorneys for Plaintiff DATE: \? a00 8" r-a ??-'- C? ?' ?„ri c ? ,? ~Cttf ?` +?r .. ? t..:. ?? ?? .:'? M1f S% C?j, N ?? 'Mr.... ? .?.