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Home My WebLink About09-8731Metzger, Wickersham, Knauss & Erb, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Attorneys for Plaintiff (717) 238-8187 f lC,mwke.com ADAM Z. SPAHR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LA?j? V. NO. pq _ 81731 lUvil Trth TREVOR J. CULVER, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Defendant YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 433043-1 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso a notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO UVIMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 433043-1 10 Metzger, Wickersham, Knauss & Erb, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Attorneys for Plaintiff (717) 238-8187 fjlaa,mwke.com ADAM Z. SPAHR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. TREVOR J. CULVER, Defendant JURY TRIAL DEMANDED CIVIL COMPLAINT AND NOW, come the Plaintiff, Adam Z. Spahr, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Adam Z. Spahr, is an adult individual (hereinafter "Plaintiff') and resides at 65 Barrick Hill, Shermans Dale, Perry County, Pennsylvania, 17090. 2. Defendant, Trevor J. Culver, is an adult individual (hereinafter "Defendant") and at the time of the accident was residing at 501 Criswell Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007. It is believed that his current address is 506 South Baltimore Street, Dillsburg, York County, Pennsylvania, 17019. 3. On February 27, 2008, Defendant was the owner and operator of a 1999 Ford F150 pickup truck with Pennsylvania Registration Plate No. YPR9652 and VIN No. 1 FTRF 18WXXNA86984. 4. On February 27, 2008, Plaintiff was the passenger of the 1999 Ford F150 pickup truck owned by Defendant. 5. The facts and circumstances hereinafter set forth occurred on February 27, 2008, at or about 11:27 p.m. on or near the intersection of State Route 74 and Lutztown Road in Monroe Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff was a front seat passenger in the aforementioned pickup truck owned by Defendant. 7. At the aforesaid time and place, the pickup truck was traveling north on State Route 74 in Monroe Township, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, Defendant Trevor J. Culver attempted to make a left hand turn onto Lutztown Road. The pickup truck then struck an embankment and rolled onto its side, coming to rest in the middle of Lutztown Road. 9. After the collision, both Plaintiff and Defendant exited the vehicle and attempted to flip the vehicle upright. During the transition, the pickup truck came down, landing on Plaintiff's right ankle. 10. The aforementioned accident was a direct result of the Defendant's careless and negligent conduct as follows: (a) operating his vehicle at a speed that was too fast for conditions; 433043-1 (b) operating his vehicle in such a fashion so as to allow it to leave the travel portion of the roadway and collide with an embankment, then overturn; (c) failing to observe the conditions of the roadway so as to be able to negotiate the roadway, instead, leaving the travel portion of the roadway; (d) failing to brake or keep his vehicle under such control as to prevent it from leaving the roadway; (e) Failing to drive her vehicle in a single lane of travel and moving her vehicle from that lane when not safe to do so in violation of 75 Pa. C.S.A. §3309 and applicable law; (f) operating his motor vehicle in a careless and negligent fashion (g) Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714 and applicable law; (h) Operating his vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. §3736 and applicable law; and (i) Driving under the influence of alcohol or controlled substance in violation of 75 Pa. C.S.A. §3802 and applicable law. 11. As a direct and proximate result of the negligence of Defendant, Plaintiff, Adam Spahr sustained or may sustain serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation of pre-existing conditions, which include, but are not limited to, the following: 433043-1 (a) Right ankle pain; (b) Neck pain; (c) Comminuted fibular shaft fracture and medial ankle mortise widening; (d) Non-displaced avulsion injury of the inferior tip of the lateral malleolus; and (e) Numbness over dorsomedial aspect of foot. 12. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff has been scarred and disfigured. 13. As a direct and proximate result of the aforesaid negligence of Defendant, Plaintiff has undergone and in the future will undergo great mental and physical pain and suffering, mental anguish, discomfort, inconvenience and distress, embarrassment and humiliation, past, present, and future loss of his ability to enjoy the pleasures of life, and limitation in his pursuit of daily activities, all to his great loss and detriment. 14. As a direct and proximate result of the aforesaid negligence of Defendant, Plaintiff believes and avers that he has exceeded the provisions of the Motor Vehicle Financial Responsibility Act as it relates to first party medical expenses, to the extent he has so exceeded, seeks reimbursement from the Defendant. 15. Plaintiff believes and therefore avers that he has exceeded the limits of the Motor Vehicle Financial Responsibility Act as it relates to the repayment of lost wages, and therefore, to the extent that he has exceeded those limits, seeks reimbursement from the Defendant. 433043-1 WHEREFORE, Plaintiff Adam Spahr, demands judgment against Defendant, for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. METZGER, WICKER-99 KNAUSS & ERB, P.C. By Fr 7is J. Laf y, IV, Esquire At rney I.D o. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: 433043-1 VERIFICATION I, Adam Z. Spahr, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this :matter. The language of the Complaint is that of counsel and not my own. I have read the 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 content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Adam Z. SpaK -17 Dated: /W/5/0 ?433043-1 0 c 1C 9 DEC 1 a P14 00 C?r?i . J i If jtV?? *qa. oo P o? ATr/ P.rw aasasa Fl~i-r~E t~ THc PF~THG~~'4TAf?Y 2010 t~~R -3 PM 2~ 58 ~yG ~'~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM Z. SPAHR, Plaintiff, v. TREVOR J. CULVER, Defendant. TO: Plaintiff You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entergd against you. Summers, Guthrie & 5nnell, Hudock, P.C. CIVIL DIVISION NO. 09-8731 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17630 IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA CIVIL DIVISION ADAM Z. SPAHR, Plaintiff, v. TREVOR J. CULVER, Defendant. NO. 09-8731 (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Trevor J. Culver, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 10. Paragraph 10 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Trevor J. Culver, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 16. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 17. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 18. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 19. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. 20. The damages and injuries alleged by the Plaintiff were caused in whole or in part by the acts or omissions of the Plaintiff. WHEREFORE, Defendant, Trevor J. Culver, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8~ SKEEL, P.C. By: Ifi D' Ra~Gch, Esquire nsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~ -15-~G ~~~, Trevor J. C Iver #~~s3o CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 2"d day of March, 2010. Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: in D. Ruch, Esquire nsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ADAM Z. SPAHR, Plaintiff, NO. 09-8731 V. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT TREVOR J. CULVER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17630 IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA CIVIL DIVISION ADAM Z. SPAHR, Plaintiff, V. NO. 09-8731 (Jury Trial Demanded) TREVOR J. CULVER, Defendant. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Defendant, Trevor J. Culver, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion for Summary Judgment and in support thereof avers as follows: I. BACKGROUND 1. This matter arises out of an incident that took place after a motor vehicle accident that occurred on February 27, 2008, on Lutztown Road in Monroe Township, Cumberland County, Pennsylvania. 2. On that date and place, the Defendant, Trevor Culver was operating his Ford F-150 when the vehicle hit an embankment and landed on its drivers' side. 3. At the same time, the Plaintiff, Adam Z. Spahr, was the front seat passenger in the Defendant's vehicle. 4. In the course of the motor vehicle accident, the Plaintiffs body did not strike anything, nor did anything strike his body; rather, he stayed in his seat and just rolled over with the truck. (See page 22 of the Plaintiff's deposition testimony, attached hereto as Exhibit "A") 5. After the accident, the parties climbed out of the Defendant's vehicle and attempted, with help from bystanders, to right the Defendant's vehicle onto all four wheels. 6. While the parties were attempting to right the vehicle, the Plaintiff slipped on gravel and fell underneath the truck. (See page 24 of Exhibit "A"). 7. Soon after the Plaintiff fell underneath the Defendant's vehicle, all other individuals lost their grip on the truck, causing the truck to land on the Plaintiffs legs and trapping him beneath. (See page 24 of Exhibit "A"). 8. The Plaintiff was lying underneath the Defendant's vehicle for, "[p]robably two or three minutes" before it was able to be lifted off from his legs. (See page 27 of Exhibit "A"). 9. As a result of the truck falling on the Plaintiff's legs, he suffered injuries to his right leg. (See pages 28 - 30 of Exhibit "A"). 10. The Plaintiff's right leg injuries were not caused during the motor vehicle accident with the Defendant when the parties were occupying the vehicle. 11. The Defendant files this Motion for Summary Judgment on the grounds that the injuries the Plaintiff alleges to his right leg were caused by his own independent decisions and actions on the night of February 27, 2008, and not by the Defendant's operation of his motor vehicle. II. STANDARD FOR SUMMARY JUDGMENT 12. The Defendant incorporates by reference paragraphs 1 through 11 as though the same were fully set forth at length herein. 13. In Pennsylvania, a Motion for Summary Judgment may be properly granted when the pleadings, depositions, Answers to Interrogatories, admissions, affidavits, and expert reports show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Hopewell Estates. Inc.. v. Kent, 435 Pa.Super. 471, 646 A.2d 1192 (1994); Pa.R.C.P. No. 1035.2. 14. Summary Judgment is also proper when, after completion of discovery, an adverse party, who will bear the burden of proof at trial has failed to produce evidence of facts which in a jury trial would require the issues to be submitted to a jury. Pa.R.C.P. No. 1035.2(2). 15. The trial judge must determine as a matter of law whether the Plaintiff has met his burden of proof in establishing that a Defendant was negligent and that such negligence was the proximate cause of the injury before submitting a factual determination to the jury. Idette v. Tracey, 407 Pa. 278, 180 A.2d 37 (1962). 16. Although questions of negligence should usually be submitted to a jury, if the facts leave no room for doubt, the Court may properly dispose of the issue itself. Schmoyer by Schmoyer v. Mexico Forge, Inc., 437 Pa. Super. 159, 649 A.2d 705 (1994); See Gans v. Mundy, 762 F.2d 338 (3d Cir. 1985) cert. denied, 473 U.S. 1010 (1995). 17. Summary Judgment serves to eliminate a waste of judicial time and resources in cases where a trial would be a useless formality. Liles v. Balmer, 389 Pa.Super. 451, 547 A.2d 691 (1989). Ill. ARGUMENT 18. The Defendant incorporates by reference paragraphs 1 through 17 as though the same were fully set forth at length herein. 19. The Plaintiff alleges in his Complaint that the Defendant was negligent in the operation of his motor vehicle on the night of February 27, 2008. (See Paragraph 10 of the Plaintiff's Complaint, attached hereto as Exhibit "B"). 20. The Plaintiff further alleges that the Defendant's negligent operation of his vehicle caused physical injuries to the Plaintiff. (See Paragraph 11 of Exhibit "B"). 21. To establish a cause of action in negligence against the Defendant, the Plaintiff must prove that the Defendant: (a) owed a duty or obligation recognized by law; (b) breached such duty; (c) a casual connection exists between the Defendant's conduct and the resulting injury to the Plaintiff; and (d) actual damages. Estate of Swift by Swift v. Northeastern Hospital, 690 A.2d 719 (Pa. Super. 1997). 22. In determining whether the Plaintiff has satisfied such standard, this Court must view the record in the light most favorable to the non-moving party and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. Payne v. Commonwealth Dept. of Corrections, 582 Pa. 375. 871 A.2d 795, 800 (2005). 23. However, the Plaintiff is unable to carry his burden of proof with respect to the issue of causation, as there is no evidence in this matter that the Defendant's operation of his motor vehicle was a factual cause in bringing about the Plaintiff's injuries. 24. Conduct is a factual cause of harm when the harm would not have occurred absent the conduct. To be a factual cause, the conduct must have been an actual, real factor in causing the harm, even if the result is unusual or unexpected. A factual cause cannot be an imaginary or fanciful factor having no connection or only an insignificant connection with the harm. See Thomas v. Coady, 2010 U.S. Dist. LEXIS 40004 (E.D. Pa. 2010) (citing Pa. SSJI (Civ.) §3.15); see also Gorman v. Costello, 929 A.2d 1208 (Pa. Super. 2007) (citing Pa. SSJI (Civ.) §3.15); Stanley v. City of Philadelphia, 69 Pa. D. & CAt' 63 (Phila. 2004) (discussing history of "factual cause"); Estate of Louis A. Hicks, Deceased v. Dana Companies. LLC F/K/A Dana Corp., 984 A.2d 943 (Pa. Super. 2002); Phillips v. Washington County Transg. Auth., 986 A.2d 925 (Pa. Commw. 2009). 25. In the instant matter, the Defendant's alleged negligent conduct, the operation of his motor vehicle, was not the conduct that factually caused the Plaintiffs right leg injuries. 26. Rather, this is a case that involves two independent incidents; the first involving the automobile accident described above, and the second occurring when the parties determined for themselves to right the Defendant's vehicle, after they were already free from harm, resulting in the vehicle trapping the Plaintiff underneath and leading to his injuries. 27. The Plaintiff himself alleged in his Complaint that his right leg injuries occurred after the motor vehicle accident with the Defendant and during the second incident. More specifically, the Plaintiff alleged that, "[a]fter the collision, both Plaintiff and Defendant exited the vehicle and attempted to flip the vehicle upright. During the transition, the pickup truck came down, landing on the Plaintiffs right ankle." (See Paragraph 9 of Exhibit "B"). 28. Thus, by his own admission, the Plaintiffs injuries were caused by his own independent decision and conduct in attempting to right the Defendant's vehicle after the motor vehicle accident, and after the Defendant's operation of his motor vehicle, were already complete. 29. The Plaintiff bolstered the fact that his injuries were not caused by the Defendant's operation of his motor vehicle, when he testified during his deposition, on July 27, 2010, that he did not sustain broken bones during the accident. (See page 22 of Exhibit "A"). 30. Further, the Plaintiff testified that when he got out of the Defendant's vehicle after the accident, he had no trouble walking. (See page 25 of Exhibit "A"). 31. In fact, the Plaintiff testified that it was when the Defendant's truck fell on him that he broke his right leg. (See page 28 of Exhibit "N'). 32. The Plaintiff's injuries did not arise during the Defendant's operation of his motor vehicle and thus the Defendant's operation of his vehicle was not a factual cause of the Plaintiffs harm. 33. To determine that the Defendant's operation of his motor vehicle was a factual cause of the Plaintiffs injuries, would be to allow the Plaintiff to recover against the Defendant for the Plaintiffs own independent decision to control his actions and perform an unsafe maneuver in attempting to right the Defendant's vehicle. 34. As there is insufficient factual evidence to support the Plaintiffs allegation that the Defendant's operation of his motor vehicle caused the Plaintiff's injuries, the Plaintiff is unable to carry his burden of proof and the Defendant is not liable for the Plaintiffs injuries. 35. Defendant respectfully requests oral argument under local rule 1035.2 and anticipates oral argument to last approximately fifteen minutes. 36. No additional discovery is necessary to hear this Motion. 37. There have been no judges who have previously ruled upon any matter related to this case. WHEREFORE, the Defendant, Trevor J. Culver, respectfully requests this Honorable Court enter an Order granting this Motion for Summary Judgment and ordering that the Plaintiff is precluded from recovering from the Defendant. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant NETWORK DEPOSITION SERVICES Transcript of Adam Spahr 1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA 2 CIVIL ACTION - LAW 3 ADAM Z. SPAHR, ) 4 Plaintiff, ) 5 ) VS. )No. 09-8731 6 ) 7 TREVOR J. CULVER, ) Defendant. ) 8 9 Deposition of ADAM SPAHR 10 Tuesday, July 27, 2010 11 The deposition of ADAM SPAHR, called as a 13 witness by the Defendant, pursuant to Notice and the Pennsylvania Rules of Civil Procedure pertaining to the 14 taking of depositions, taken before me, the undersigned, Jennifer A. Chance, a Notary Public in and 15 for the Commonwealth of Pennsylvania, at 100 Sterling Parkway, Mechanicsburg, Pennsylvania 17050, commencing 16 at 2:16 p.m., the day and date above set forth. 17 18 19 20 21 22 23 Network Deposition Services Suite 1101, Gulf Tower 24 Pittsburgh, Pennsylvania 15219 (412) 281-7908 25 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Adam Spahr 6 (Pages 18 to 21) 18 4 20 1 I think Rockwell's gives 22s, 22-ounce 1 did or not. We didn't drink anything when we were 2 glasses. I'm sorry. 2 fishing. 3 Q That's okay. If at any time you need to go 3 Q Okay. 5 A I just want to make certain it's true. 5 6 The mixed drinks, I'm not exactly sure. They 6 7 were like that tall, about that round. I don't know 7 8 how many ounces they are. They are fancy looking 8 9 things so -- I would say eight ounces. (Indicating.) 9 10 Q And then when you go to Cold Springs? 10 11 A Yes. 11 k 12 Q You just had Captain and Cokes there? 12 13 A I didn't. 13 14 Q You didn't have them there? Did you have 14 15 anything to drink there? 115 16 A I had three beers. I was shooting pool. He 16 17 was talking to some guy from work. When we got there, 117 18 we kind of like went our own ways, so I really don't +18 19 know what he was doing. 19 20 He came up to me and said it was time to go 120 21 and we left. I really didn't know how much he drank !21 22 prior to Rockwell's. We weren't sitting together, so I 2 2 23 couldn't tell you how many drinks or what he drank. 123 24 Q Okay. 124 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. And you don't know how much he had to drink at Cold Springs? A I do not, no. Q Did you observe him drink anything? A When we first got there, he got a Captain and Coke, and then I walked away from him after the first one, and we kind of did our own thing. There was a bunch of guys from work there. I couldn't tell you really who all was there. I was shooting pool with a kid I used to go to school with. Q Do you know who that was? A No, he -- he moved away. I forget his first name. Q You said my client was sitting at the bar talking to another guy from work; do you know who that was? A No, I don't. I mean, there was a bunch of people, you know, from the races, that go there. He goes to the races all the time. He was talking to so many different people. Its hard to tell. Q Okay. I guess I was confused here. When you guys were fishing, before you went to Rockwell's, did you have any alcohol with you? A No. I mean, I don't know what he had in his car. If he did, then he did. But I don't know if he 1 2 3 4 5 6 8 9 0 1 3 4 5 6 7 8 9 0 1 2 3 4 5 hiding it from me, because I didn't see anything personally. Q You didn't see him drink anything? A No. Q Outside of the bars? A No. Q Do you have any reason to believe that he actually drank something outside of the bars? A No, not -- I didn't smell anything on him so no, I don't. Q So 9:00, 9:30, you leave Cold Springs. Tell me how the accident happened. A We left Cold Springs. He turned the music on a little bit, and I was talking to my girlfriend at the time, I was texting her, so I wasn't really paying attention to what roads he was taking. I just remember him taking a hard right and rolling and slipping on the side. Q Because you were texting on the phone, did you sort of foresee or see the accident coming at all? 21 this, and then I was going like this. (Indicating.) Q You started to feel you going over and then you looked up and something was wrong? A Yeah. Yeah. Q I guess during the trip, were you watching his driving at all? A No, I wasn't. I trusted him. Q And you may have answered this already. I'm sorry if you did. I guess other than the burgers at Rockwell's; did you guys have anything to eat the rest of the day? A No. I mean some peanuts and pretzels at Cold Springs, but other than that, nothing. Q No meals? A No meals. That was the only meal. Q Did you take any medications that day? A No. Q Did you have any drugs that day? A No. Q So I guess take me through, you look up from texting. What's going on with your body in the vehicle, I guess, as it's rolling on it's driver's side? A As far as how I was feeling? O What it's doing. Do you move anywhere? Do Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Adam Spahr 7 (Pages 22 to 25) 22 I 24 1 you strike anything? Does anything hit you? 1 Q So then however many cars come up, at least 2 A No. I stayed in my seat. I just rolled 2 three or four other people get out and are helping you 3 over, and I remember my cell phone being -- so I was on i 3 and my client roll the truck over? 5 (Indicating.) j 5 Q So there is five or six of you trying to roll 6 Q Maybe this will make it easier. Were you 6 it over? 7 injured at all in the accident portion? 7 A About let's say four to five. I'm not 8 A I couldn't really tell what was wrong with me 8 exactly sure how many there were so -- 9 at the time, honestly. I mean, I was still moving and 9 Q Okay. That's fair. And how is everybody 10 .stuff, but I was pretty out of it, beat up and stuff. 10 trying to roll it over? 11 I had some bumps and bruises. X11 A They started at the driver's side and tried 12 Q But you didn't have any broken bones yet? 12 lifting it up like this. We got it to this point, and 13 A No. 13 I really didn't have a handle on it, that kind of a 14 Q Okay. So what happens immediately after the 114 handle on it at first. (Indicating.) 15 accident? 15 I could feel my legs kind of giving out 16 A We both get out and he is saying something `16 because there was gravel right where we wrecked, so I 17 about how he needed to get out of there. He didn't 17 slipped on the gravel and fell underneath while 18 want to get a DUI. And at that time, there were two 18 everybody was holding it up, and they all lost their 19 cars that came in the opposite direction, and they 19 grip and let go of it, and that's when it came down on 2 0 asked if we needed any help, this and that. 12 0 me. 21 And Trevor asked him if he could help us roll 121 Q And you couldn't get your legs out of there 22 the truck over, and I don't really know how many cars R2 in time? 2 3 it was at the time. There was three or four people 23 A I mean, it had my legs trapped, but it had my 2 4 helping us. I didn't get any names. 24 waist free. So there was still a gap between this 23 25 1 slipped, fell underneath the truck and then the guys 1 far as like the bed and stuff by the tire, it had my 2 that were there lifted the truck back up so I could get 2 legs trapped. 3 out and all I could do was shuffle. ! 3 Q Okay. So looking at I guess the driver's 4 I tried to standup, fell back down, and 1 4 side of the vehicle, where are you at? Are you trying 5 really that's all I remember until the ambulance got 5 to pick up on the top of the cab, somewhere on the 6 there. They did all kinds of stuff to me, so I don't 6 tailgate? 7 remember too much after that. 7 A The truck is down like this. This is the 8 Q You said two cars were coming in the opposite 8 door. So everybody is trying to lift it up like this. 9 direction, and then you said you really didn't remember ; 9 So they almost got it up to the point where we were 10 how many there were. What I want to focus on is the 10 just getting ready to try to nudge it, and that's when 11 other direction. Did you guys complete your turn? 11 I fell underneath it. I slipped. I didn't even get to 12 Were you on that road? Is that where the vehicle is? 12 this point. I was only like this. (Indicating.) 13 A We might have been on that road maybe l 3 Q Okay. So -- 14 15 yards from the stop sign or whatever was right there 14 A I mean, everything was just a blur. I am 15 so we could turn. 15 trying to piece it all together too, so -- 16 Q So the cars that were coming in the other 16 Q Okay. 17 direction, they were on the road you turned onto? X17 A I do remember being underneath the vehicle, 18 A They didn't come until after the vehicle was 18 though, so I don't know exactly how I fell or what 19 already on its side. There was nobody. 119 happened but -- 20 Q I am trying to figure out which road they i20 Q When you got out of the vehicle after the 21 were on. 21 accident, did you have any trouble walking? 22 A I don't know exactly the road. 2 2 A No. I was a little woozy. I could walk, 23 Q Are they on the same road that your vehicle 2 3 though. 24 is on? 2 4 Q Describe to me what you mean you were a 25 A Yes. Yes. 12 5 little woozy. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Adam Spahr 8 (Pages 26 to 29) 26! 28 j 1 A Well, I was beat up from like -- you know, I 1 broke this one or not, but 1 knew I definitely broke 2 didn't realize we were going to have an accident. I ! 2 this one. (Indicating.) 3 wasn't prepared for it. So I mean I got out, and 3 Q You had pain in both of your legs? 5 He is yelling I have to get out of here or 5 6 I'm going to get a DUI, let's get the truck rolled 6 7 over. Everything happened so fast, so I really -- it 7 8 wasn't too long because I was hurt. 8 9 Q The four or five of you guys that were trying 9 0 to roll it over, were you all at I guess the driver's 10 1 side door? 11 2 A No. We all lined up. 12 3 Q So but you were at the driver's side door? X13 4 A Yes, me and Trevor were side by side. 14 5 Q And then other guys were down -- 15 6 A By the bed. `16 7 Q These other guys that were there trying to 17 8 help you roll it over, did they leave at some point? 1118 9 A I have no idea. l 9 0 Q Do you know if they were there when the 12 0 1 police got there? `21 2 A No. I was in the ambulance before the police i22 3 got there. 12 3 4 Q Were they there when you left in the '2 4 didn't know what was wrong. I didn't want to make any sudden movements in case I screwed my spine up or something, At that point, I was just waiting on the ambulance. Q Okay. And I guess is it safe to say the pain was below your knees in both legs or no? A Both my legs were - the truck landed right here on my thighs. (Indicating.) Q About halfway up your thighs? A Yeah. Q Were you rendered unconscious at all? A Not that I can recall. Q And I guess other than the tibia and fibula in the -- A Right leg. Q - did you break any other bones? A No. My ankle, I don't -- like I said, you will have to go through the hospital records, but my ankle was all mangled up too. Tibia and fibula are up here, so this was messed up too. (Indicating.) 27 1 A I'm not exactly sure. 1 2 Q And you don't know the names of any of those 12 3 people that tried to help you? 3 4 A No. 4 5 Q Other than talking to these people and my 5 6 client, did you talk to anyone else at the scene of the 6 7 accident? 7 8 A No. 8 9 Q Do you know what ambulance came? 19 10 A Whatever -- I went to Carlisle Regional, so 10 11 apparently them, Carlisle Regional ambulance, Carlisle Ill 12 ambulance. '12 13 Q How long were you at the scene of the !13 14 accident until the ambulance took you away, do you 14 15 know? i15 16 A I'm not exactly sure. If I had to make a 16 17 guess, probably about a half an hour before they showed 17 18 up I was laying on the ground. '18 19 Q How long was the truck on you before they got 19 2 0 it off? 2 0 21 A Probably two or three minutes. 21 2 2 Q And after they rolled the truck off of you, 2 2 23 did you have pain anywhere else than in your lower 2 3 2 4 right leg? !24 25 A Both of my legs hurt, but I didn't know if I [2 5 29 trying to roll this thing over? A No. Q So you were taken to Carlisle Regional Medical Center? A Yes. Q I guess they did some X-rays there? A Yes. Q What else did they do for you there? A They gave me some medication. I mean, I really don't remember what they did. I was in and out of it the rest of the night Q Were you just admitted or were you treated and released there? A They admitted me. Q You were in and out of consciousness? A They were giving me pain medication that made me in and out of consciousness. I don't know exactly what they gave me at the time. Q So the pain medication made you drowsy? A Yeah. Q How long were you in the hospital? A A week and a half. Q And I'm just asking you what you remember. If you need to estimate, by all means you can. I'm not going to hold you to it if you tell me you are Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 JHN-15-tblb '13:15 rrom:Kilt H1U 1101y ar5)ue_mbb 10:1bbb(1.54bJJ r,t?y Metzger, Wickersham, Knauss & Erb, P.C. By: Francis J, Lafferty, IV, Esquire '. ` n .r? Attorney I.D. No. 84009 - f 7 P.O. Box 5300 3211 North Front Street = Harrisburg, PA 17110-0300 Attorneys for Plaintiff = r , jrn (7t7) 238-8.187 n ?1(4@rnwke.com ?- ADAM Z. SPANK, IN TFI.I2 COUR1' OF COMMON )'LEAS CUMBERLAND COUNTY, PI:NNSYLVANtA Plaintiff CIVIL ACTION • LAW, -1f m O i V. N t . QQ _ B7S j ,v TREVOR J, CULV h R, Defendant JUICY TRI.AI:4 DEMANDED NOTICE TO DEFEND TO: Defendant. YOU NAVE BEEN SURD IN COUR'T'. If you wish to defend agarnst the claims set Furth in the following pages, you must take action within Twenty (20) days after this C'ornplaini 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 judgement may be entered against. you by the Court without hirther notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights imporl.ant to you. YOU S.11OULD TAKE TRIS PAPER TO YOUR LAWY.EIt AT ONCI'. 1.17 YOU DO NOT 14AVF A '.LAWYER, GO TO OR T1:LEP.HON1? THE 0:FFICE SET FORTII BELOW. THIS OFFICE CAN PROVIDE YOU V1JWC1':H :INFORMAT11ON ABOUT 1•:I1.111NG A LAWYER. TF YOU CANNOT AFFOPW TO 1-1.1.I2E A LAWYER, THIS OFFIC F MAY 131' ABLh TO PROVTDh YOU W111I INFORMATION AJ300` AGENCIES THAT MAY O'I"VER LEGAL SERV.ICI?S TO ELICIrBLE PERSONS AT A REDUCED FEE OR NO FFT'. Cumberland County Lawyer Referral Serviru 32 S. Bedford Street Carlisle, PA 17rt13 (800) ?a?1tJ-9170 TRUE COPY FROM RECORD In Testimony wh iool; I h:-,r(; utim st°t my hand 43.1041-1 and the seal Of Wid Court at Catlisle, Pa. day Pr onota7d- JHN-15-tWIU 1J:1? F-rom:KlIt H1U 11011J f1rt10665>Ukj 1 0:'lbbb(1.34bJJ h. 3?J LE RAN DEMANDADO A USTED EN IAA COYRT13. Si Listed quiere defenderse de estas demandas expuestas en las paginas sig?iientes, Listed tiene viente (20) dias de plaro III parl.ir de. la fecha de )a demanda y la noti.ficacion. Usted debe presenl.ar unit upwiencia escri(a 0 4n persona n por abogado y archlvar on In corto en forma escrita sus defensas o SUS objeciones a las denyandaS en contra de su persona. Sea avisado que si usted no se dctiende, la eorte tomara medidas y puede entrar una order contra Listed sin previo aviso a notificacion y por cualquier 41,14ja o alivio que es pedido en III petition do dernmida. Usted puede perder dinero o sus propiedades u otros derschos impwlarntes Para Listed. I.,E.HVE HS'l-A DEMANUA A UN ABODAGO .I-MMhDIATA.MENTF. SI NO TIEWE ABOGADO 0 S.I. NO '.CI.ENI. EL D.i.N RO, SUF.ICIENTE DE PAGAR 'I AL SERVIC10, VAYA EN RERSONA 0 I..I.,AWE PO.R TE E:fONO A LA OI,ICINA C'IJYA D.tRI CCION S'h ENCUENTRA ESCRI'I'A ARAJO PARA AVERIGUAR DONI)F SE Pt..ll•D CONSEGUIR ASISTENCIA LEGAL.. Cumberland County Lawyer -Referral Service 32 S. Bedford Street Carlisle, .PA 17013 (800) 990-9108 439043-1 JHN-15-cfblb 1,3:1b r rom: Nl I t H1U 1101'-l (I(Z>UdM1jb 10:ltibb(164bJJ h'. 4'J M'elzger, Wickersham, Knauss & Erb, P.C. By: Francis .I, l-afferty, TV, Esquire Attorney T. D. No. 84009 P.O. Box 5300 3211 North Front Street 1-1arrisburg, PA 17110-0300 Attorneys ror Plaintiff (717) 238-8187 fll r@nlwke.c9m ADAM L. SPAH:R, IN THE COURT Of C'.OM'MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintirr C1V IL ACTION LAW V. NO, TREVOR.I. CULVER, Defendant RA1Y TItIAI.- DEMANDFID CiV1L COMPI.AIN't' AND NOW, come the Plaintiff, Adam L. Spahr, by and through his alcorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represent the rollowing FACTS AP:PLiCADLE TO ALL COUNTS 1. Plaintiff, Adam Z. Spahr, is an adult individual (hereinafter -Plaintifr) and resides at 65 Barrick Hill, Shermans.Dale, .Perry County, Pennsylvania, 17090. 2. Defend nt, Trevor J. Culver, is an adult individual (herelnalIer "Dofcndani") and at the time of the accident was residing at 501 Criswell Drive, Bailing Springs, CLIntberland County, Pennsylvania, 17007. It is believed that his current address is 506 South Ralttmore Street, .Dillsburg, York County, Penrlsylvania, 17019. JHN-15-db1b 1.5: 1b t- rom: Ki l t H1U 1101'J (1 rt)wdmbti 1 0: 1tit d (IJ4bJJ h . 5/ y 3. On February 27, 2008, Defendant was the owner and operator of a 1999 Ford F150 pickup truck with Pennsylvania Registration Plate No. Yl'R9652 and VIN No. 1 FTRYl S WXXNA8G984. 4. On February 27, 2008, Plaintiff was the passenger of the 1909 Ford Fl 50 pickup truck owned by Defendant. 5. The facts and circumstances hereinafter set forth occurrod on February 27, 2008, at or about 11:27 p.m. on or near the intersection of State Route 74 and Lutit.own Road in Monroe Township, Cumberland County, .Pennsylvania. 6. At the aforesaid time and place, Plaintiff was a from seat passenger in the aforementioned pickup truck owned by Defendant. 7. At the aforesaid time and place, the pickup truck was I.raveling north on Stale, Route 74 in Monroe Township, Cumberland County, Pennsylvania. 8. Al. the aforesaid time and place, Defendant Trevor,l, Culver attempted to make a left hand tum onto Uutown Road. :Cie pickup truck then struck an embankment and rolled onto its side, coming to rest in the middle of.I..utztown Road. 9. After the collision, both Plaintiff and Defendant exited the vellicle and atterrlpted to flip the vehicle upright. During the transition, the pickup truck came clown, landing on PlaintifPs right ankle. 10. The aforementioned accident was a direct result of the Defendant's careless and negligent conduct as follows; (a) operating his vehicle at a speed that was too fast fur conditions; 433043-1 JHN-15-db1b 1,5:1b rrom:Kl(t HLU 11011J (I(t>WdWSbtS 10:lUbd(1,34by.S F1.b/7 (b) operating his vehicle in such a :fashion so as to allow it to leave the travel portion of the roadway and collide with an embankment, then overturn, (c) failing to observe the conditions of the roadway so as to be able to negotiate the roadway, instead, leaving the travel portion of the roadway; (d) tailing to Wake or keep his vehicle under such control as to prevent it from leaving the roadway; (e) Failing to drive her vehicle in a single lane of travel and moving hor vehicle from that lane when not safe to do so in violation of 75 Pa. C.S.A. §3301) and applicable law; (0 operating his motor vehicle in a careless and negligent fas111011 (g) Operating his vehicle in careless disregard for the safety of persons and/or property in violation or75 'Pa.C.S,A. §3714 and applicable law; (h) Operating his vehicle in reckless disregard lbr the safety of personti and/or property in violation of 75 Pa. C.S.A. §3736 and applicable law; and (i) Driving under the influence of alcohol or controlled substance in violation of 75 Pa. C.S.A. §3802 and applicable law. 11. As a direct and proximate result of' the negligence of Deli'ntlant, .Plaintiff; Adam Spahr sustained or may sustain serious and debilitating injuries, some or which are or may I?e permanent, an aggravation and/or exacerbation of pre-existing conditions, which include, but are not .limited to, the following, 433043-'1 JHN-'lb-bblb 1.3:1b t-rom:Nilt H1U 1101y (If5bC:Uz>W i 1 0:It3tJbr164b:JJ f?. fey (a) Right ankle pain; (b) Neck pain; (c) Comminuted fibular shaft fracture and media-[ ankle mortise widening; (d) Non-displaced avulsion injury of the inferior tip of the lateral malleolus; and (e) Numbness over dorsorredia.] aspect of foot, 12. As it direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff has been scarred and disfigured,. 13. As it direct and proximate result of the aforesaid negligence of Defendant, Plaintiff has undergone and in the future will undergo great mental and physical pain and suffering, mental anguish, discomfort, inconvenience and distress, embarrassment and humiliation, past, present, and future loss of his ability to enjoy thcpleasures of.life, and limitation in his pursuit orda.ily activities, all to his great loss and detriment. 14. As a direct and proximate result of the aforesaid negligence of.Defendant, Plaintiff believes and avers that he has exceeded the provisions of the Motor Vehicle Financial Responsibility Act as it relates to first party medical expenses, to the extent he has so exceeded, seeks reimbumement ftom the Defendant. 15, Plaintiff believes and therefore avers that he has exceeded the limits of the Motor Vehicle .Financial Responsibility Act as it relates to the repayment of lost wages, and therefore, to the extent that he has exceeded those limits, seeks reimbursement liom flit Defendant. 433043-1 JHN-15-db'lb 16:1( r rom: Kl I t H1U 1101y f' rf wemwu 1 0: 1bbb f lJ?Fby 3 F'. b"i WHEREFORE, Plaintiff Adam Spahr, demands judgment against Defendant, for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, .Pennsylvania, plus interest and/or damages Eor delay and costs of prosecution. METZGER, WICKX1=(A4 KNAUSS & ERB,1'.C. baked: IZ A,, p1z") 4? By ?- 1?ra rs T..Laf y, IV, lJs?luire At rney LID o. 84009 P.O. Box 5300 3211 North Front Street Flarrisburg, PA 17110-0300 (7'17) 238-8187 Attorneys for I'lainti ff 433043-1 JHN-15-db1b 16:1( rrom:Kllt H1l) 11011J c ( •1 (5WdWt)Wti 1 0: •lubb ( 115 bJ6 t'. `.j"j V.E RIN ATION T, Adam 7. Spahr, hereby certify that the following is correct.: Ilia facts set forth in the foregoing Complaint are based upon 1n1orn'Iation which 1 have furnished to counsel, as well as upon information which has been gathered by counsel acrd/or ethers acting on my behalf in this matter. The language of the Complain) is that or counsel and not my own, T have read the 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, infomna:ition, and belief To the extent that the content of the Complaint is that of counsel, I have relied r.rnon such counsel in making; this Verification. J hereby acknowledge that the facts set forth in Ilse Wbreswd Complaint are made subject to the penalties or 18 pa. C.S.A. §4904 relating to unsworn falsification to authorities. :Bated: mar Adam L. Sr r 433043-1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR SUMMARY JUDGMENT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 10th day of November, 2010. Francis J. Lafferty, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. X; tQ By: Kevin D. Rauch, Esquire Counsel for Defendant rI ED-OFF CE OF THE PROTHON' OTAPy c-710 DEC -3 AM C: C;2, CUMBERLAND COUNTY PENNSYLVANIA Metzger, Wickersham, Knauss & Erb, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Attorneys for Plaintiff (717) 238-8187 f 1(a_mwke.com ADAM Z. SPAHR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 09-8731 TREVOR J. CULVER, Defendant JURY TRIAL DEMANDED ANSWER OF PLAINTIFF TO MOTION FOR SUMMARY JUDGMENT OF DEFENDANT, TREVOR J. CULVER 1. Admitted. See Complaint. Also, see July 27, 2010 deposition of Defendant Trevor J. Culver attached hereto as Exhibit "A", (hereinafter Exhibit "A"). 2. Admitted. See Complaint. Also, see Exhibit "A". 3. Admitted. See Complaint. Also, see Exhibit "A". 4. Without admission, no response is required as the legal pleadings and deposition testimony in this case speak for themselves. 5. Admitted. By way of further response, the transaction essential to the use of the vehicle was proposed by the Defendant who stated "we got to get out of here or I'm going to be arrested." because of Defendant's fear of being arrested for another DUI. See Exhibit "A" p. 16. 6. Without admission, no response is required as the legal pleadings and deposition testimony in this case speak for themselves. 7. Without admission, no response is required as the legal pleadings and deposition testimony in this case speak for themselves. 8. Without admission, no response is required as the legal pleadings and deposition testimony in this case speak for themselves. 9. Without admission, no response is required as the legal pleadings and deposition testimony in. this case speak for themselves. 10. Admitted. By way of further response, the pleadings and discovery have established that Plaintiff was injured while Plaintiff was occupying the Defendant's vehicle. See Utica Mutual Insurance Co. v. Contrisciane, 504 Pa. 328 (1984). 11. Denied. The pleadings and discovery have established that Plaintiff was injured while Plaintiff was occupying the Defendant's vehicle. See Utica Mutual Insurance Co. v. Contrisciane, 504 Pa. 328 (1984). By way of further response, the Plaintiff must prove that the Defendant's conduct caused the Plaintiff's damages. This is referred to as "factual cause." The question is: "Was the Defendant's negligent conduct a factual cause in bringing about the Plaintiff's damages?" Conduct is a factual cause of harm when the harm would not have occurred absent the conduct. An act is a factual cause of an outcome if, in the absence of the act, the outcome would not have occurred. The negligence of a defendant may be found to be a factual cause of a Plaintiff's harm even though it was relatively minor as compared to the negligence of [the other defendant or] the Plaintiff. In effect, the test for factual causation has been met when the conduct in question has such an effect in producing the harm as to lead reasonable persons to regard it as one of the contributing causes that is neither insignificant nor inconsequential considering all the circumstances. (citing Pa. SSJI (Civ.) §3.15). By way of 456695-1 -2- further response, Plaintiff was injured while occupying the vehicle as a result of Defendant's negligence. 12. No response required. 13. Admitted. However, it is not appropriate to bring a Motion for Summary Judgment when there is a genuine issue of a material fact. The trial court must confine its inquiry when confronted with a motion for summary judgment to questions of whether material factual disputes exist. Township of Bensalem v. Moore, 152 Pa. Commw. 540, 620 A.2d 76 (1993). It is not the function of the court ruling on a motion for summary judgment to weigh evidence and to determine the truth of the matter. Keenheel v. Pennsylvania Securities Commission, 134 Pa. Commw. 494, 579 A.2d 1358 (1990). For summary judgment purposes, a "material fact" is one that directly affects the outcome of the case. Kuney v. Benjamin Franklin Clinic, 751 A.2d 662 (Pa. Super. 2000); Kenney v. Jeanes Hospital, 769 A.2d 492 (Pa. Super. 2001), allocatur denied, 567 Pa. 726, 786 A.2d 988 (2001). In passing on a motion for summary judgment, the court must examine the record in a light most favorable to the nonmovant and resolve any doubt in his favor. Swartley v. Hoffner, 734 A.2d 915 (Pa. Super. 1999), allocatur denied, 561 Pa. 660, 747 A.2d 902 (1999); Doe v. Philadelphia Community Health Alternatives AIDS Task Force, 745 A.2d 25 (Pa. Super. 2000), allocatur granted in part, 563 Pa. 125, 758 A.2d 166 (2000), affirmed, 564 Pa. 264, 767 A.2d 548 (2001). The party moving for summary judgment may not rely solely on its own testimonial affidavits or depositions or those of its witnesses to establish the non-existence of a genuine issue of material fact. Dudley v. USC Corporation, 414 Pa. Super. 160, 606 A.2d 916 (1992), allocatur denied, 532 Pa. 663, 616 A.2d 985 (1992). A proper granting of summary judgment depends upon an evidentiary record that either (1) shows the material facts are undisputed or (2) contains insufficient evidence of facts to 456695-1 -3- r make out a prima facie cause of action or defense and, therefore, there is no issue to be submitted to the jury. 14. See response to #13. 15. See response to #13. 16. See response to #13. 17. Admitted, but see response to #13. 18. No response required. 19. Admitted. However, no response is required as the Complaint in this case speaks for itself. 20. Admitted. However, no response is required as the Complaint in this case speaks for itself. 21. Denied. The Plaintiffs must prove that the Defendant's conduct caused the Plaintiff's damages. This is referred to as "factual cause." The question is: "Was the Defendant's negligent conduct a factual cause in bringing about the Plaintiff's damages?" Conduct is a factual cause of harm when the harm would not have occurred absent the conduct. An act is a factual cause of an outcome if, in the absence of the act, the outcome would not have occurred. The negligence of a defendant may be found to be a factual cause of a Plaintiff's harm even though it was relatively minor as compared to the negligence of [the other defendant or] the Plaintiff. In effect, the test for factual causation has been met when the conduct in question has such an effect in producing the harm as to lead reasonable persons to regard it as one of the contributing causes that is neither insignificant nor inconsequential considering all the circumstances. (citing Pa. SSJI (Civ.) §3.15) 22. See response to #13. 456695-1 -4- 23. Denied. The Plaintiff must prove that the Defendant's conduct caused the Plaintiff's damages. This is referred to as "factual cause." The question is: "Was the Defendant's negligent conduct a factual cause in bringing about the Plaintiff's damages?" Conduct is a factual cause of harm when the harm would not have occurred absent the conduct. An act is a factual cause of an outcome if, in the absence of the act, the outcome would not have occurred. The negligence of a defendant may be found to be a factual cause of a Plaintiff's harm even though it was relatively minor as compared to the negligence of [the other defendant or] the Plaintiff. In effect, the test for factual causation has been met when the conduct in question has such an effect in producing the harm as to lead reasonable persons to regard it as one of the contributing causes that is neither insignificant nor inconsequential considering all the circumstances. (citing Pa. SSJI (Civ.) §3.15) 24. The Plaintiffs must prove that the Defendants' conduct caused the Plaintiffs' damages. This is referred to as "factual cause." The question is: "Was the Defendant's negligent conduct a factual cause in bringing about the plaintiffs' damages?" Conduct is a factual cause of harm when the harm would not have occurred absent the conduct. An act is a factual cause of an outcome if, in the absence of the act, the outcome would not have occurred. The negligence of a defendant may be found to be a factual cause of a plaintiff's harm even though it was relatively minor as compared to the negligence of [the other defendant or] the plaintiff. In effect, the test for factual causation has been met when the conduct in question has such an effect in producing the harm as to lead reasonable persons to regard it as one of the contributing causes that is neither insignificant nor inconsequential considering all the circumstances. (citing Pa. SSJI (Civ.) §3.15) 25. Denied. See Complaint. Also, see Exhibit "A" attached hereto. 456695-1 -5- r 26. Admitted in part; denied in part. While it is admitted there were two independent incidents, the second incident would not have occurred but for the first incident. Moreover, the pleadings and depositions establish that Plaintiff was injured while occupying Defendant's vehicle as a result of Defendant's negligence. The Plaintiff must prove that the Defendant's conduct caused the Plaintiff's damages. This is referred to as "factual cause." The question is: "Was the Defendant's negligent conduct a factual cause in bringing about the Plaintiff's damages?" Conduct is a factual cause of harm when the harm would not have occurred absent the conduct. An act is a factual cause of an outcome if, in the absence of the act, the outcome would not have occurred. The negligence of a defendant may be found to be a factual cause of a plaintiff's harm even though it was relatively minor as compared to the negligence of [the other defendant or] the plaintiff. In effect, the test for factual causation has been met when the conduct in question has such an effect in producing the harm as to lead reasonable persons to regard it as one of the contributing causes that is neither insignificant nor inconsequential considering all the circumstances. (citing Pa. SSJI (Civ.) §3.15) 27. Admitted in part. By way of further response, the Complaint speaks for itself, however, see response to #26. Also, see Exhibit "A" pp. 14-20. 28. Denied. The Complaint and depositions in this matter establish that there was a causal connection between injury and use of the vehicle; Plaintiff was in close geographic proximity to the vehicle; Plaintiff was vehicle oriented and Plaintiff and Defendant were engaged in a transaction essential to the use of the Defendant's vehicle. See Utica Mutual, supra and p. 16 of Exhibit "A" which is attached hereto. Also, see Exhibit "A", pp. 14-20. 456695-I -6- 29. The deposition of July 27, 2010 attached as Exhibit "A" to Defendant's Motion for Summary Judgment speaks for itself. However, see response to #28. Also, see Exhibit "A", pp. 14-20. 30. The deposition of July 27, 2010 attached as Exhibit "A" to Defendant's Motion for Summary Judgment speaks for itself. However, see response to #28. Also, see Exhibit "A", pp. 14-20. 31. The deposition of July 27, 2010 attached as Exhibit "A" to Defendant's Motion for Summary Judgment speaks for itself. However, see response to #28 and Exhibit "A" which is attached hereto. Also, see Exhibit "A", pp. 14-20. 32. Denied. See response to #28 and Exhibit "A", pp. 14-20. 33. Denied. See response to #28. Also, see Exhibit "A", pp. 14-20. 34. Denied; the pleadings and deposition testimony clearly supports Plaintiff's allegations regarding Defendant's negligence and Plaintiff's damages in this matter. Furthermore, it is question of fact for the jury to decide and not appropriate for the Court to determine as a matter of law. See response to #13. 35. Plaintiff also respectfully requests that oral argument be held on Defendant's Motion for Summary Judgment. 456695-1 -7- 36. Admitted. 37. Admitted. WHEREFORE, Plaintiff Adam Z. Spahr respectfully requests that this Honorable Court enter an Order denying Defendant Trevor J. Culver's Motion for Summary Judgment. Respectfully submitted, METZGER, BY ( - 47& `-( Franci . Laffet , Esquire Atto ey I.D. M. 84009 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: 'a 3 t0 Attorneys for the Plaintiff S & ERB, P.C. 456695-1 -9- ???, ?;? NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ADAM Z. SPAHR, Plaintiff, VS. TREVOR J. CULVER, Defendant. ) ) No. 09-8731 ) Deposition of TREVOR J. CULVER Tuesday, July 27, 2010 The deposition of TREVOR J. CULVER, called as a witness by the Plaintiff, pursuant to Notice and the Pennsylvania Rules of Civil Procedure pertaining to the taking of depositions, taken before me, the undersigned, Jennifer A. Chance, a Notary Public in and for the Commonwealth of Pennsylvania, at 100 Sterling Parkway, Mechanicsburg, Pennsylvania 17050, commencing at 1:56 p.m., the day and date above set forth. Network Deposition Services Suite 1101, Gulf Tower Pittsburgh, Pennsylvania 15219 (412) 281-7908 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 2 (Pages 2 to 5) 2 1 APPEARANCES: 2 On behalf of the Plaintiff: 3 M=GER, WICKERSHAM, KNAUSS & ERB, P.C. FRANCIS J. LAFFERTY, IV, ESQUIRE 4 3211 North Front Street Harrisburg, Pennsylvania 17110-0300 5 6 On behalf of the Defendant: 7 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEET, PC SETH BLACK, ESQUIRE 8 100 Sterling Parkway, Suite 306 Mechanicsburg, Pennsylvania 17050 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Also Present: Adam Spahr Barbara Spahr Cody Spahr 1 I-N-D-E-X 2 EXAMINATION BY: 3 Mr. Lafferty 4 5 EXHIBIT INDEX 6 7 EXHIBIT NO: 8 (None.) 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 3 PAGE: 4 PAGE: 1 --- 2 TREVOR J.CULVER 3 called as a witness by the Plaintiff, having first been 4 duly sworn, as hereinafter certified, was deposed and 5 said as follows: 6 EXAMINATION 7 BY MR. LAFFERTY: 8 Q Sir, my name is Frank Lafferty, and I 9 represent Adam Spahr with respect to the automobile 10 accident that is the subject of the complaint that was 11 filed against you stemming from the accident of 12 2/27/08. 13 We are here for the purpose today of taking 14 your deposition. In order to just streamline this 15 process and get you out of here as soon as possible, 16 I'm going to set forth some ground rules to make sure 17 we are on the same page and we will get you on your 18 way. 19 First, are you under the influence of any 20 medication or alcohol that would impair your ability to 21 understand and answer my questions? 22 A No. 23 Q As you can see, we have a court reporter 24 here. It helps if we let each other speak one at a 25 time. If you let me finish my questions, hopefully I 1 won't talk over you as you answer those questions, 2 okay? 3 A Okay. 4 Q Its important that you verbalize your 5 answers, so yes or nos, not uh-huhs or uh-uhs or shrugs 6 as they won't translate. Okay? 7 A Yup. 8 Q If you need to take a break, use the rest 9 room, get a drink, talk to counsel, let me know and we 10 can take five and reconvene. Okay? 11 A Okay. 12 Q Please state and spell your name for the 13 record. 14 A Trevor Culver, T-R-E-V-O-R C-U-L-V-E-R. 15 Q And Trevor, what is your current home 16 address? 17 A 506 South Baltimore Street, Dillsburg, PA 18 17019. 19 Q And your current profession? 20 A Concrete finisher. 21 Q Who is your employer? 22 A Lorne G. Seifert. 23 Q How long have you been there? 24 A Five years. 25 Q What's your date of birth? 4 5 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Trevor Culver ? ?rctye5 n to y) 1 A 07/18/86. 1 2 Q Are you married? 2 3 A Yes. 3 4 Q What's your wife's name? 4 5 A Kristin, K-R-I-S-T-I-N. 5 6 Q Any children? 1 6 i 7 A Yes, one. 7 8 Q How old? j 8 9 A Nine months. i 9 10 Q Boy or girl? 110 11 A Boy. `1l 12 Q What's his name? 112 13 A Mason. 13 14 Q Can you give me a brief summary of your 114 15 educational background? X15 16 A Graduated high school. 116 17 Q Where? 117 18 A Big Spring. 18 19 Q What year? 119 20 A '04. 12 0 21 Q And you have been with the current employer f 121 ? 2 since? i22 ? 3 A No. I worked at Cumberland Printing for the 2 3 ? 4 year after -- for one year after I graduated, and then i24 ? 5 I went to Seifert. I 125 71 i 1 Q What did you do at Cumberland Printing? i 1 2 A Ran a press. ( 2 3 Q Where is that located? 3 4 A They are out of business. It was in 1 4 5 Mechanicsburg. i 5 6 Q Hempt Road? Is that back on Hempt? ` 6 7 A It's right by Dominos, by the train tracks. 1 7 8 Q In preparation for today, other than your 8 9 attorney, have you spoken to anyone else? 9 0 A No. 110 1 Q Have you reviewed any documents? ill 2 A No. 112 3 Q Have you spoken to the insurance company? 113 4 A Yeah, over the phone. 14 5 Q Do you know who you spoke to? `15 6 A No. 116 7 Q Was that back around at the time of the ?17 8 accident? 18 9 A I think right after the accident and then a ±19 0 couple -- Well, a couple of months ago just for this. 20 1 Q Do you have a current Pennsylvania driver's 21 2 license? 2 2 3 A No. 12 3 4 Q Why? `2 4 5 A Second DUI. 12 5 Q And that's a result of this accident? A Yeah. Q When do you get it back? A October 18th, I believe. Q And when was your first DUI? A I'm not sure. It was either March -- I think it was March -- for sure I worked at Seifert. It would have been '06, I think. I was 19. Yeah, I think it was March. Q Have you had your driving privileges suspended or revoked for any other reason? A Just the DUI and points. Q The first DUI when you were 19, you lost it for six or 12 months? A I think 90 days. I think that's what it was. Q And then the points, what were the underlying charges for those tickets? A There was a failure to stop at a stop sign, improper backing, a speeding ticket. What was the other one? I think -- what was the other one? I forget what the charge is. I have them in my house on file. I don't remember. Q They were all separate, though? A Yeah. Q And they were all moving violations? A Yeah, yup. Q The DUI of March when you were 19 years old, was there an accident involved in that? A No. Q Where were you pulled over? A Campground Road in Dillsburg. Q Is that York or Cumberland County? A York County. Q Do you know what your BAC was for that one? A .13 or 6. I'm not sure. Q And for the one that we are talking about here? A For the one -- it was .18 and the blood test was -- rm not sure exactly, but I think it was .23. I think that's what it came back. Q And the. 18 was the field sobriety? A I believe, yeah. Q Where did they draw the blood? A Carlisle Regional. I think that's the name of it. Q Can you just give me a summary or a brief narrative description as you recall? Let's start with where were you before the accident? A Like starting that morning or -- Q I know you were at Rockwell's. 8 9 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 4 (Pages 10 to 13) 101 1 A Rockwell's and then -- 1 2 Q Did you work that day? 12 3 A No. ( 3 4 Q Let's go from noon. 14 5 A Okay. We were at Rockwell's and then went to 5 6 Cold Springs, and then we got in the accident on the 6 7 way home. ; 7 8 Q What time would you have been at Rockwell's? 6 9 A I think it was a little after noon, probably j 9 10 like 12:00, 1:00, somewhere in there. 10 11 Q Did you eat there? 11 12 A Yeah. 112 13 Q Do you recall what you had? 113 14 A I had -- what's the name of it, the one 14 15 burger. I forget what the name of it is. 415 16 MR A. SPAHR: Montreal burger. 116 17 THE WITNESS: Montreal burger, that's what it 117 18 is, and fries. 118 19 BY MR LAFFERTY: 19 20 Q Do you know what time that would have been? 20 21 Was that lunch or dinner? 21 22 A It would have been lunch, yeah. 22 23 Q What were you drinking? 123 24 A Beer, and Captain and Coke later on then. i24 25 Q Bottles or draft? j2 5 11 1 A Draft. { 1 2 Q Any idea how many pitchers? 2 3 A Yeah, I don't know. I couldn't tell you f 3 4 that. 4 5 Q One of the other ground rules I should have ! 5 6 probably said at the beginning is I don't want you to i 6 7 guess and your attorney doesn't want you to guess. 1 ! 7 8 don't know is a perfectly fine answer, I don't recall. f 8 9 A Okay. j 9 10 Q If you want to estimate something like we 110 11 talk about distances later or speeds, feel free to say 411 12 I'm not sure, I will give you an estimate, but nobody 112 13 wants you to guess. I don't know is a perfectly fine j13 14 answer. 1114 15 A All right. 115 16 Q What time would you have left there? 116 17 A I think it was around -- it was after dark. 117 18 It would have been about I'm going to say 8:00 or 9:00. 118 19 Q Who were you with? X19 20 A Just Adam. 12 0 21 Q And you went from there, and that's the one ?21 22 down near -- 22 23 A Ashton's. 23 24 Q Okay. 12 4 25 A Yup. 125 12 Q Where is Cold Springs? A Cold Springs is maybe a mile, probably not even that far, down straight across Williams Grove Road on -- I think it's Park Place is the name of it, I think is the name of the road Q And it was just you and Adam? A Yeah, yup. Q So you get there sometime between 8:00 and 9:00; is that fair? A Yeah. Yeah. Q And did you have anything to eat there? A Not that I remember. Q Did you have drinks? A Yeah. Q Do you recall what? A Captain and Coke. Q Do you know how many? A I'm not sure. I would say probably six or seven, somewhere in there. Q Now just dome a favor and give me a brief summary of events as you leave there. What happened? A We left Cold Springs, drove down the road out to -- down Base Road, came out on 74, made a right-hand turn, drove, I don't know, a hundred yards down the road, and when I made the left to go onto Leidigh, I 13 hit the embankment. Q Do you know how fast you were going? A I couldn't tell you. Q You hit the embankment and what happened next? A The truck rolled onto the driver's side. Q Okay. A And we slid like 20 feet, I think. Q What kind of truck? A '99 F-150. Q And you ultimately came to rest on the driver's side of the vehicle? A Yeah. It was on the driver's side laying in the middle of the road, I believe. Q So at that point Adam is in the passenger's seat or before the accident? A Yeah. Yeah. Yeah. Q When you roll over, what happened to the two of you as far as like your bodies? Did you have a seat belt on? A I did not have a seat belt on, but I was in the seat and my hoodie was all scratched up from the road and the glass. Q Are they bucket seats or is it a bench? A It was a bench seat, I believe. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 5 (Pages 14 to 17) 14 I E 1 Q Did Adam have his seat belt on? 1 2 A I'm not sure. 2 3 Q What happened next? 3 4 A I don't know. i 4 5 Q Is that a result of the drinking? 5 6 A Yeah, between that and wrecking and just { 6 7 chaos. 7 8 Q So it would be fair to say that the accident 4 8 9 happened and then the combination of the drinking 1 ' 9 0 throughout the day, just the shock of the accident 10 1 itself, the aftermath of the accident, is serving at 1 11 2 this point at least just jumbled up the memory? 1 12 3 A Yeah. I -- the next thing I remember after ' 13 4 that is a car was coming down the road in the opposing 11 14 5 lane, and they are the ones, I believe, that called I 15 6 911. But that's -- I mean, that was probably a minute 16 17 7 or two after the initial rolling and -- did id t fli Did k 18 8 ( p on your s e or you jus ay. Q O 9 you roll over? 19 0 A No, we just we hit and rolled. We didn't "; 2 0 1 actually make a rotation. 11i 21 2 Q So it would have been a quarter turn? 1 2 2 3 A I guess, yeah. 1 2 3 4 Q Ultimately, you got out of the vehicle? 1 24 5 A Yeah. 1 2 5 15? 1 Q Were you able to do that by yourself? i 1 2 A Yeah. 2 3 Q How about Adam? 3 4 A I -- I don't remember. I remember I got out 4 5 of the back and I remember running just -- I don't 1 5 6 know. 6 7 Q Were the windows blown out? 7 8 A The driver's side was. I'm not sure about 8 9 the passenger, and the back wasn't. The back sliding 9 0 wasn't blown out, it was just -- 110 1 Q So you actually slid open the back window and !11 2 crawled out that way? 112 3 A Yeah, because it has the hatch. 113 4 Q Did you have any conversations with Adam at 114 5 that point that you recall? 115 6 A I can't remember exactly, but I'm sure I said '16 7 something to him. I can't remember exactly what I said 117 8 to him. I don't know. !18 9 Q Well, as you are aware, after the accident 19 0 the vehicle was still on its side and you both are out !20 4 1 of the vehicle. Is that accurate? 21 2 A Yeah. He eventually got out, yeah. 122 3 Q And at some point, it's decided to try to !23 4 push the truck back over? !24 5 A Yeah. 125 16 Q Do you recall who made that decision? A I -- I don't know. I would imagine both of us, because we both wanted to leave. Q So essentially -- A I remember saying we got to get out of here or I'm going to get arrested. Q So you have the added pressure of being afraid for the DUI? A Yeah. Q So you would agree that it was the intent at that point, your intent at least, is to return the vehicle upright so that it's drivable? A Yeah. Q And that you essentially both have the intent of returning that vehicle into a driving condition? A Yeah. Q And with the intention of being able to drive the vehicle away from that scene? A Yeah. Q Do you recall any specific discussions that the two of you had about that, about let's get this thing flipped over so we can get out of here? A No. I -- it was just panic mode. Q If Adam were to testify that you did have that conversation, would you have any reason to dispute 17 it? A I -- I can't say that he didn't, I mean, or we didn't. I don't remember exactly -- I mean -- I don't know. Q That's fine. I'm not trying to put -- I am just trying to get some answers to some of the questions that I do have. Where were you going? A To my house. Q And where is that, the same address that you are at now? A No, that was Criswell Drive, 501 Criswell Drive, Boiling Springs. It was probably, I don't know, two miles, maybe, from where we had the accident. Q Okay. So you are out of the vehicle. You are attempting to push it over, and what happened next, do you recall? A I don't know. I don't remember. I don't remember exactly. I can't. I don't know. Q Do you recall Adam getting hurt? A I remember Adam -- after the car pulled up, I remember Adam in the road, and then the fire people, ambulance, came, and the fire truck came. Q When you were answering that question, you said when the car pulled up. Were you talking about the vehicle that you think called 911? Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 6 (Pages 18 to 21) 18 1 A Yeah. Yeah, the first car that was there. i i 1 2 MR. BLACK: Let him finish his question. 2 3 THE WITNESS: Sorry. 3 4 BY MR. LAFFERTY: f 4 5 Q Sorry about that. How long after you saw 5 6 that car did the fire and ambulance arrive, if you 6 7 recall? j 7 8 A Probably 15 minutes. ` 8 9 Q Did they ask you if you were hurt? 9 0 A Yeah. X10 1 Q Were the police there at that point? 11 2 A No. The police didn't show up for -- from 112 3 the time of the accident until the police showed up it 113 11 4 was probably an hour, at least, because it was -- they 14 1 5 were four minutes over the two-hour period to get the 15 6 blood sample. They didn't show up for a while. (16 7 Q So at no point after the accident was your 117 8 vehicle actually flipped back upright so you could '18 9 drive it? 19 0 A Eventually, all of the fire police -- Well, 12 0 1 not the fire police. The people in the fire truck did !21 2 roll it over eventually, right before we left, because 2 2 3 1 was sitting in the back of the cruiser. 1'2 3 4 Q Of the police cruiser? 12 4 5 A Yeah, when I saw -- that's the -- that's 125 19i 1 eventually when it was rolled back over. i 1 2 Q And they gave you a field sobriety there? 2 3 A Yeah -- Well, just the test. I didn't have f 3 4 to do any like standing -- i 4 5 Q What kind of damage was done to the truck? 5 6 A Well, they said it was totaled, but the only ! 6 7 visible damage was the driver's side window was smashed 7 8 out and the whole driver's side was scraped, but other 9 than that, that's all that was visibly wrong with it. e 10 Q And we have been provided photographs of the 9 I 11 damage. Have you ever seen those photographs? 1 12 A Not the photographs. 11 13 Q And you never got that vehicle back? 12 14 A No. No. They totaled it and cut me a check. 13 15 Q I know you had indicated that there was the 14 16 DUI. Were there any other citations that you received f' 15 17 as a result of this accident? ! 16 18 A Careless driving and reckless driving, but 1 17 18 19 they were dropped. 19 20 Q When you pled guilty, they dropped the E 20 21 careless and the reckless? 22 A Yeah, yup. 21 I 23 Q Did you do any time? 22 24 A Yeah, 30 days work release and 60 days house Z y 25 arrest. 25 20 Q What county was that? A Cumberland. And I'm on probation at least until this December, because I had to do at least two years, and then I did all the classes, twice a week counseling, and it's all mandated. Q So you have done all of the requisites to be able - A Yeah. I have done everything I had to do to be compliant, yup. MR. LAFFERTY: That's all I have. MR. BLACK: Okay. You are finished. Two 13. (Thereupon, at 2:13 p.m., the deposition was concluded.) - - 21 CERTIFICATE COMMONWEALTH OF PENNSYLVANIA, ) ) Ss: COUNTY OF FRANKLIN 1, Jennifer A. Chance, do hereby certify that before me, a Notary Public in and for the Commonwealth aforesaid, personally appeared TREVOR J. CULVER, who then was by me first duly cautioned and sworn to testify the truth, the whole truth, and nothing but the truth in the taking of his oral deposition in the cause aforesaid; that the testimony then given by him as above set forth was by me reduced to stenotype in the presence of said witness, and afterwards transcribed by means of computer-aided transcription. I do further certify that this deposition was taken at the time and place in the foregoing caption specified, and was completed without adjoumment. I do further cer* that I am not a relative, counsel, or attorney of either parry, or otherwise interested in the evert of this action. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal of office at Harrisburg, Pennsylvania, on this day of 2010. Jennifer A. Chance Notary Public in and for the Commonwealth of Pennsylvania My Commission expires: August 30, 2011 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 1 A ability 4:20 able 15:1 16:17 20:7 accident 4:10,11 7:18,19 8:19:3 9:23 10:6 13:16 14:8,10 14:11 15:19 17:13 18:13,17 19:17 accurate 15:21 action 1:2 21:14 Adam 1:3 2:11 4:9 11:20 12:6 13:15 14:1 15:3,14 16:24 17:19,20,21 added 16:7 address 5:16 17:9 adjournment 21:12 affixed 21:15 aforesaid 21:6,8 afraid 16:8 aftermath 14:11 ago 7:20 agree 16:10 alcohol 4:20 ambulance 17:22 18:6 answer 4:215:1 11:8,14 answering 17:23 answers 5:5 17:6 APPEARAN... 2:1 appeared 21:6 arrest 19:25 arrested 16:6 arrive 18:6 Ashton's 11:23 attempting 17:15 attorney 7:9 11:721:13 August 21:20 automobile 4:9 aware 15:19 B BAC 9:9 back 7:6,17 8:3 9:15 15:5,9,9 15:11,24 18:18 18:23 19:1,13 background 6:15 backing 8:19 Baltimore 5:17 Barbara 2:11 Base 12:23 Beer 10:24 beginning 11:6 behalf 2:2,6 believe 8:4 9:17 13:14,25 14:15 belt 13:20,21 14:1 bench 13:24,25 Big 6:18 birth 5:25 BLACK 2:7 18:2 20:11 blood 9:13,18 18:16 blown 15:7,10 bodies 13:19 Boiling 17:12 Bottles 10:25 Boy 6:10,11 break 5:8 brief 6:14 9:21 12:20 bucket 13:24 burger 10:15,16 10:17 business 7:4 C called 1:12 4:3 14:15 17:25 Campground 9:6 Captain 10:24 12:16 caption 21:11 car 14:14 17:20 17:24 18:1,6 careless 19:18 19:21 Carlisle 9:19 cause 21:7 cautioned 21:6 CERTIFICA... 21:1 certified 4:4 certify 21:5,11 21:13 Chance 1:14 21:5,19 chaos 14:7 charge 8:21 charges 8:17 check 19:14 children 6:6 citations 19:16 Civil 1:2,13 classes 20:4 Cody 2:12 Coke 10:24 12:16 Cold 10:6 12:1,2 12:22 combination 14:9 coming 14:14 commencing 1:15 Commission 21:20 COMMON 1:1 Commonwealth 1:15 21:2,5,20 company 7:13 complaint 4:10 completed 21:12 compliant 20:9 computer-aided 21:9 concluded 20:13 Concrete 5:20 condition 16:15 conversation 16:25 conversations 15:14 counsel 5:9 21:13 counseling 20:5 county 1:19:7,8 20:121:3 couple 7:20,20 court 1:14:23 crawled 15:12 Criswell 17:11 17:11 cruiser 18:23,24 Culver 1:7,9,12 4:2 5:14 21:6 Cumberland 1:16:23 7:1 9:7 20:2 current 5:15,19 6:21 7:21 cut 19:14 C-U-L-V-E-R 5:14 D damage 19:5,7 19:11 dark 11:17 date 1:16 5:25 day 1:16 10:2 14:10 21:16 days 8:15 19:24 19:24 December 20:3 decided 15:23 decision 16:1 Defendant 1:7 2:6 deposed 4:4 deposition 1:9 1:12,23 4:14 20:12 21:7,11 depositions 1:14 description 9:22 Dillsburg 5:17 9:6 dinner 10:21 discussions 16:20 dispute 16:25 distances 11:11 documents 7:11 Dominos 7:7 draft 10:25 11:1 draw 9:18 drink 5:9 drinking 10:23 14:5,9 drinks 12:13 drivable 16:12 drive 16:17 17:11,12 18:19 driver's 7:21 13:6,12,13 15:8 19:7,8 driving 8:10 16:15 19:18,18 dropped 19:19 19:20 drove 12:22,24 DUI 7:25 8:5,12 8:13 9:2 16:8 19:16 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 2 duly 4:4 21:6 eat 10:11 12:11 educational 6:15 either 8:6 21:13 embankment 13:1,4 employer 5:21 6:21 ERB 2:3 ESQUIRE 2:3,7 essentially 16:4 16:14 estimate 11:10 11:12 event 21:14 events 12:21 eventually 15:22 18:20,22 19:1 exactly 9:14 15:16,17 17:3 17:18 EXAMINATI... 3:2 4:6 EXHIBIT 3:5,7 expires 21:20 F failure 8:18 fair 12:9 14:8 far 12:3 13:19 fast 13:2 favor 12:20 feel 11: 11 feet 13:8 field 9:16 19:2 Me 8:22 filed 4:11 fine 11:8,13 17:5 finish 4:25 18:2 finished 20:11 finisher 5:20 fire 17:21,22 18:6,20,21,21 first 4:3,19 8:5 j 8:13 18:121:6 five 5:10,24 flip 14:18 Hipped 16:22 18:18 follows 4:5 foregoing 21:11 forget 8:21 10:15 forth 1:16 4:16 21:8 four 18:15 FRANCIS 2:3 Frank 4:8 FRANKLIN 21:3 free 11:11 fries 10:18 Front 2:4 further 21:11,13 F-15013:10 G 5:22 getting 17:19 girl 6:10 give 6:14 9:21 11:12 12:20 given 21:8 glass 13:23 go 10:4 12:25 going 4:16 11:18 13:2 16:6 17:7 graduated 6:16 6:24 ground 4:16 11:5 Grove 12:3 guess 11:7,7,13 14:23 guilty 19:20 Gulf 1:23 GUTHRIE 2:7 H hand 21:15 happened 12:21 13:4,18 14:3,9 17:15 Harrisburg 2:4 21:15 hatch 15:13 helps 4:24 Hempt 7:6,6 hereinafter 4:4 hereunto 21:15 high 6:16 hit 13:1,4 14:20 home 5:15 10:7 hoodie 13:22 hopefully 4:25 hour 18:14 house 8:21 17:8 19:24 HUDOCK 2:7 hundred 12:24 hurt 17:19 18:9 I idea 11:2 imagine 16:2 impair 4:20 important 5:4 improper 8:19 INDEX 3:5 indicated 19:15 influence 4:19 initial 14:17 insurance 7:13 intent 16:10,11 16:14 intention 16:17 interested 21:14 involved 9:3 IV 2:3 I-N-D-E-X 3:1 J 1:7,9,12 2:3 4:2 21:6 Jennifer 1:14 21:5,19 July 1:10 jumbled 14:12 K kind 13:9 19:5 KNAUSS 2:3 know 5:9 7:15 9:9,25 10:20 11:3,8,13 12:17,24 13:2 14:4 15:6,18 16:2 17:4,12 17:17,18 19:15 Kristin 6:5 K-R-I-S-T-I-N 6:5 L Lafferty 2:3 3:3 4:7,8 10:19 18:4 20:10 lane 14:15 LAW 1:2 laying 13:13 leave 12:21 16:3 left 11:1612:22 12:25 18:22 Leidigh 12:25 let's 9:22 10:4 16:21 license 7:22 little 10:9 located 7:3 long 5:23 18:5 Lorne 5:22 lost 8:13 lunch 10:21,22 M mandated 20:5 March 8:6,7,9 9:2 married 6:2 Mason 6:13 McDONNELL 2:7 mean 14:16 17:2 17:3 means 21:9 Mechanicsburg 1:15 2:8 7:5 medication 4:20 memory 14:12 METZGER 2:3 middle 13:14 mile 12:2 miles 17:13 minute 14:16 minutes 18:8,15 mode 16:23 months 6:9 7:20 8:14 Montreal 10:16 10:17 morning 9:24 moving 8:25 N name 4:8 5:12 6:4,12 9:19 10:14,15 12:4 12:5 narrative 9:22 near 11:22 need 5:8 Network 1:23 never 19:13 Nine 6:9 noon 10:4,9 North 2:4 nos 5:5 Notary 1:14 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 3 21:5,19 Notice 1:13 O October 8:4 office 21:15 okay 5:2,3,6,10 5:11 10:5 11:9 11:24 13:7 14:18 17:14 20:11 old 6:8 9:2 ones 14:15 open 15:11 opposing 14:14 oral 21:7 order 4:14 P PA 1:15:17 page 3:2,7 4:17 panic 16:23 Park 12:4 Parkway 1:15 2:8 party 21:13 passenger 15:9 passenger's 13:15 PC 2:7 Pennsylvania 1:13,15,15,24 2:4,8 7:2121:2 21:16,20 people 17:21 18:21 perfectly 11:8 11:13 period 18:15 personally 21:6 pertaining 1:13 phone 7:14 photographs 19:10,11,12 pitchers 11:2 Pittsburgh 1:24 place 12:4 21:11 Plaintiff 1:4,13 2:2 4:3 PLEAS 1:1 Please 5:12 pled 19:20 point 13:15 14:12 15:15,23 16:11 18:11,17 points 8:12,16 police 18:11,12 18:13,20,21,24 possible 4:15 preparation 7:8 presence 21:9 Present 2:10 press 7:2 pressure 16:7 Printing 6:23 7:1 privileges 8:10 probably 10:9 11:6 12:2,18 14:16 17:12 18:8,14 probation 20:2 Procedure 1:13 process 4:15 profession 5:19 provided 19:10 Public 1:14 21:5 21:19 pulled 9:5 17:20 17:24 purpose 4:13 pursuant 1:13 push 15:24 17:15 put 17:5 P.C 2:3 p.m 1:16 20:12 Q quarter 14:22 question 17:23 18:2 questions 4:21 4:25 5:1 17:7 R Ran 7:2 reason 8:11 16:25 recall 9:22 10:13 11:8 12:15 15:15 16:1,20 17:16,19 18:7 received 19:16 reckless 19:18 19:21 reconvene 5:10 record 5:13 reduced 21:8 Regional 9:19 relative 21:13 release 19:24 remember 8:22 12:12 14:13 15:4,4,5,16,17 16:5 17:3,17 17:18,20,21 reporter 4:23 represent 4:9 requisites 20:6 respect 4:9 rest 5:8 13:11 result 8:1 14:5 19:17 return 16:11 returning 16:15 reviewed 7:11 revoked 8:11 right 7:7,19 11:15 18:22 right-hand 12:23 road 7:6 9:6 12:3,5,22,23 12:25 13:14,23 14:14 17:21 Rockwell's 9:25 10:1,5,8 roll 13:18 14:19 18:22 rolled 13:6 14:20 19:1 rolling 14:17 room 5:9 rotation 14:21 rules 1:13 4:16 11:5 running 15:5 S sample 18:16 saw 18:5,25 saying 16:5 scene 16:18 school 6:16 scraped 19:8 scratched 13:22 seal 21:15 seat 13:16,19,21 13:22,25 14:1 seats 13:24 Second 7:25 see 4:23 seen 19:11 Seifert 5:22 6:25 8:7 separate 8:23 Services 1:23 serving 14:11 set 1:16 4:16 21:8,15 SETH 2:7 seven 12:19 shock 14:10 show 18:12,16 showed 18:13 shrugs 5:5 side 13:6,12,13 14:18 15:8,20 19:7,8 sign 8:18 Sir 4:8 sitting 18:23 six 8:14 12:18 SKEEL 2:7 slid 13:8 15:11 sliding 15:9 smashed 19:7 sobriety 9:16 19:2 soon 4:15 Sorry 18:3,5 South 5:17 Spahr 1:3 2:11 2:11,12 4:9 10:16 speak 4:24 specific 16:20 specified 21:12 speeding 8:19 speedsll:ll spell 5:12 spoke 7:15 spoken 7:9,13 Spring 6:18 Springs 10:6 12:1,2,22 17:12 SS 21:3 standing 19:4 start 9:22 starting 9:24 state 5:12 stemming 4:11 stenotype 21:8 Sterling 1:15 2:8 stop 8:18,18 straight 12:3 streamline 4:14 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 4 Street 2:4 5:17 subject 4:10 Suite 1:23 2:8 summary 6:14 9:21 12:21 SUMMERS 2:7 sure 4:16 8:6,7 9:10,14 11:12 12:18 14:2 15:8,16 suspended 8:11 sworn 4:4 21:6 T take 5:8,10 taken 1:14 21:11 talk 5:1,9 11:11 talking 9:11 17:24 tell 11:3 13:3 test 9:13 19:3 testify 16:24 21:7 testimony 21:8 thing 14:13 16:22 think 7:19 8:6,8 8:8,15,15,20 9:14,15,19 10:9 11:17 12:4,5 13:8 17:25 ticket 8:19 tickets 8:17 time 4:25 7:17 10:8,20 11:16 18:13 19:23 21:11 today 4:13 7:8 totaled 19:6,14 Tower 1:23 tracks 7:7 train 7:7 transcribed 21:9 transcription 21:9 translate 5:6 Trevor 1:7,9,12 4:2 5:14,15 21:6 truck 13:6,9 15:24 17:22 18:21 19:5 truth 21:7,7,7 try 15:23 trying 17:5,6 Tuesday 1:10 turn 12:24 14:22 twice 20:4 two 13:18 14:17 16:21 17:13 20:3,11 two-hour 18:15 T-R-E-V-O-R 5:14 U uh-huhs 5:5 uh-uhs 5:5 ultimately 13:11 14:24 underlying 8:16 undersigned 1:14 understand 4:21 upright 16:12 18:18 use 5:8 V vehicle 13:12 14:24 15:20,21 16:12,15,18 17:14,25 18:18 19:13 verbalize 5:4 violations 8:25 visible 19:7 visibly 19:9 vs 1:5 W want 11:6,7,10 wanted 16:3 wants 11:13 wasn't 15:9,10 way 4:18 10:7 15:12 week 20:4 went 6:25 10:5 11:21 WHEREOF 21:15 WICKERSH... 2:3 wife's 6:4 Williams 12:3 window 15:11 19:7 windows 15:7 witness 1:13 4:3 10:17 18:3 21:9,15 work 10:2 19:24 worked 6:23 8:7 wrecking 14:6 wrong 19:9 Y yards 12:24 yeah 7:14 8:2,8 8:24 9:1,17 10:12,22 11:3 12:7,10,10,14 13:13,17,17,17 14:6,13,23,25 15:2,13,22,22 15:25 16:9,13 16:16,19 18:1 18:1,10,25 19:3,22,24 20:8 year 6:19,24,24 years 5:24 9:2 20:4 York 9:7,8 yup 5:7 9:1 11:25 12:7 19:22 20:9 Z Z 1:3 0 04 6:20 06 8:8 07/18/86 6:1 09-87311:5 1 1:0010:10 1:561:16 1001:15 2:8 11011:23 12 8:14 12:0010:10 13 9:10 20:11 1518:8 152191:24 17019 5:18 170501:15 2:8 17110-03002:4 189:13,16 18th 8:4 19 8:8,13 9:2 2 2/27/08 4:12 2:13 20:12 2013:8 20101:10 21:16 201121:20 23 9:14 271:10 281-79081:24 3 3019:24 21:20 306 2:8 32112:4 4 4 3:3 4121:24 5 50117:11 506 5:17 6 69:10 6019:24 7 7412:23 8 8:0011:18 12:8 9 9:0011:18 12:9 908:15 91114:16 17:25 9913:10 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 CERTIFICATE OF SERVICE I, Francis J. Lafferty, W, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the foregoing document with reference to the 7" foregoing action by first class mail, postage prepaid, this ? day of & C , 2010, on the following: Trevor J. Culver, Defendant c/o Kevin D. Rauch, Esquire Julia Phillips, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Ste. 306 Mechanicsburg, PA 17050 Francis J 456695-1 Defendant 1 ILED-O FIVE of THE. FRQTNONOTARY 2011 JAN 21 W10"' CU pENNSYLVANI'A T`? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-8731 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE OF ZACHARY D. CAMPBELL, ESQUIRE AS CO-COUNSEL FOR PLAINTIFF Zachary D. Campbell, Esquire I.D. No. 93177 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff ADAM Z. SPAHR, V. Plaintiff TREVOR J. CULVER, TO THE PROTHONOTARY: Please enter my appearance as co-counsel, along with Francis J. Lafferty, IV, Esquire, for Plaintiff in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: , 2011 By: Zac . Campbell, Esquire A ey I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 460245-1 4 .. CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Praecipe for Entry of Appearance with reference to the foregoing action by first class mail, postage prepaid, this 1 day of January, 2011, on the following: VIA FIRST CLASS MAIL Trevor J. Culver, Defendant c/o Kevin D. Rauch, Esquire Julia Phillips, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Ste. 306 Mechanicsburg, PA 17050 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. MikbCakmplbe'll, Esquire 460245-1 CAIA 'ICE L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ADAM Z. SPAHR, Plaintiff, NO. 09-8731 V. PRAECIPE TO LIST FOR ARGUMENT TREVOR J. CULVER, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record fo, This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE and SKEE -, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17630 IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA ADAM Z. SPAHR, Plaintiff, TREVOR J. CULVER, Defendant. V. CIVIL DIVISION NO. 09-8731 (Jury Trial Demanded) PRAECIPE TO LIST FOR ARGUMENT TO PROTHONOTARY: Kindly submit this matter to the Court for Argument. 1. The matter to submitted for Argument is the Defendant's Motion for Summary Judgment. 2. Oral Argument is requested. 3. This is not a discovery matter. 4. 1 certify that notice has been given to all counsel of record of the filing of this Praecipe. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P,C. By: Kbvin D!aucfi, Esquire Counsel for Defendant i CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO LIST FOR ARGUMENT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 7th day of March, 2011. Francis J. Lafferty, IV, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: 05Z Kevin D auc , Esquire Counsel for Defendant ADAM Z. SPAHR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW , : TREVOR J. CULVER, Defendant NO. 09-8731 CIVIL TERM gym ?.n N ' . ? --d p C ? IN RE: DEFENDANT 'S MOTION FOR SUMMARY JUDGMEI 'T -=r BEFORE OLER, GUIDO and EBERT, JJ. ORDER OF COURT AND NOW, this 2°d day of May, 2011, upon consideration of Defendant's Motion for Summary Judgment, following oral argument held on March 25, 2011, and after careful consideration of the record and briefs, the motion is denied. BY THE COURT, J VV Ubiv, Francis J. Lafferty, IV, Esq. Zachary D. Campbell, IV, Esq. Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. Suite 306 100 Sterling Parkway Mechanicsburg, PA 17050 Attorney for Defendant apo MaL- ?kl (V 1f T? Lij urrjet 0 THONG r? .t. ZO11 DEC 27 pH ,: i f cum ERLAND COUIY Pfi?i ,'. ULVAIN! /,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ADAM Z. SPAHR, Plaintiff, NO. 09-8731 V. PRAECIPE FOR APPEARANCE TREVOR J. CULVER, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Julia A. Phillips, Esquire Pa. I.D. #307256 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17630 IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA ADAM Z. SPAHR, Plaintiff, CIVIL DIVISION NO. 09-8731 V. TREVOR J. CULVER, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Julia A. Philips, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Trevor J. Culver, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: P ilips, squire ZvOnsel endant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 21 st day of December, 2011. Zachary Campbell, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (Attorney for Plaintiff SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Iq q'r PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: X? for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Adam Z. Spahr (Plaintiff) VS. Trevor J. Culver (Defendant) VS. (check one) X? Civil Action - Law ? Appeal from arbitration ® Motor vehicle (other) The trial list will be called on 1/17/12 and Trials commence on 2/13/12 Pretrials will be held on 2/1/12 (Briefs are due S days before pretrials No. 8731 200E Term Indicate the attorney who will try case for the party who files this praecipe: Julia A. Phillips, Esquire Indicate trial counsel for other parties if known: Zachary Campbell, Esquire This case is ready for trial. Signed: Date:_ A91k a.p *Parties have mutually agreed to proceed with a birfucated trial. Q Q ? -2 ? rn V O ? c) C?1 .;"Z:; N C:) x ,, J +'Y7 e # 9-6 7 R# S73/ Print Na es m-lia A. Phillip , Esquire Attorney for: Defendant n C -oz r-n Co Xrn x? x t", cn ? -'C d C-) 2b x FILED-OFFICE 1 THE PROTNONOTA€?`t 2012 JAN 20 AM ! 1 : 13 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ADAM Z. SPAHR, Plaintiff, NO. 09-8731 V. PRAECIPE FOR APPEARANCE TREVOR J. CULVER, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Matthew Ridley, Esquire Pa. I.D. #204265 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17630 IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA CIVIL DIVISION ADAM Z. SPAHR, Plaintiff, NO. 09-8731 V. TREVOR J. CULVER, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Matthew Ridley, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Trevor J. Culver, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: .A.-' Matthew Ridley, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19th day of January, 2012. Zachary Campbell, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (Attorney for Plaintiff SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Matthew Ridley, Esquire Counsel for Defendant 1=LED-OFF ICE 1, 114w p :GTHONOTAR Y 2:112 FEB - I Al 8: 33 f,'J; IBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ADAM Z. SPAHR, Plaintiff, NO. 09-8731 V. RESPONSE TO PLAINTIFF'S MOTION IN LIMINE TREVOR J. CULVER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 17630 IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA CIVIL DIVISION ADAM Z. SPAHR, Plaintiff, V. TREVOR J. CULVER, Defendant. NO. 09-8731 (Jury Trial Demanded) RESPONSE TO PLAINTIFF'S MOTION IN LIMINE AND NOW, comes the Defendant, Trevor J. Culver, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C, and Matthew Ridley, Esquire, and files the following Response to Plaintiff's Motion in Limine, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. The Defendant does not intend to offer evidence of the Plaintiffs driving under the influence charge or conviction. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. The Plaintiff's intoxication is relevant to the causation of his injury, which occurred when he slipped and fell beneath the truck. The Plaintiff's intoxication is also relevant to the issue of his carelessness in attempting to lift and flip the Defendant's vehicle onto four wheels after the initial accident. 11. Admitted. 12. Admitted. 13. Admitted. 14. The Defendant does not intend to offer evidence of the Plaintiff's driving under the influence charge or conviction. 15. Denied. The Plaintiff's intoxication is relevant to the causation of his injury, which occurred when he slipped and fell beneath the truck. The Plaintiff's intoxication is also relevant to the issue of his carelessness in attempting to lift and flip the Defendant's vehicle onto four wheels after the initial accident. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: /? /1 Matthew Ridley, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA CIVIL DIVISION ADAM Z. SPAHR, Plaintiff, NO. 09-8731 v. (Jury Trial Demanded) TREVOR J. CULVER, Defendant. ORDER AND NOW, this day of February, 2012, it is hereby ORDERED that the Plaintiffs Motion in Limine is DENIED. BY THE COURT: Judge Albert H. Masland CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing RESPONSE TO PLAINTIFF'S MOTION IN LIMINE has been transmitted via email and mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 1St day of February, 2012. Zachary Campbell, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 zdc@mwke.com (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: 2 /1 Matthew Ridley, Esquire Counsel for Defendant FI1LED-Cr F ICE C1 TIE PT O TI1ONOTAP%'f` 2012 FEB - I AID 8* '3 2 CUMBERLAND COUNT PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ADAM Z. SPAHR, Plaintiff, NO. 09-8731 V. DEFENDANT'S MOTION IN LIMINE TO PRECLUDE FROM EVIDENCE THE TREVOR J. CULVER, POLICE REPORT, DEFENDANT'S PRE- Defendant. ACCIDENT DUI, POST-ACCIDENT DUI, AND ALCOHOL CONSUMPTION (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Matthew Ridley, Esquire Pa. I.D. #204265 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 17630 IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA ADAM Z. SPAHR, CIVIL DIVISION Plaintiff, V. NO. 09-8731 TREVOR J. CULVER, (Jury Trial Demanded) Defendant. DEFENDANT'S MOTION IN LIMINE AND NOW, comes the Defendant, Trevor J. Culver, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C, and Matthew Ridley, Esquire, and files the following Motion in Limine, and in support thereof avers as follows: 1. This case involves an incident that took place on February 27, 2008, where the Plaintiff injured his leg while helping the Defendant and passersby lift the Defendant's truck after a one-vehicle accident in which the Plaintiff was a passenger. 2. This matter is listed for trial during the week of February 13, 2012, before the Honorable Albert H. Masland. 3. The Defendant files this Motion in Limine to preclude from evidence the police report, his pre-accident DUI charges resulting in admission into the ARD program, his post-accident DUI conviction, and his alcohol consumption before the accident. 1. POLICE REPORT 4. The Plaintiff's Pretrial Memorandum identifies the police report regarding the February 27, 2008, incident as an exhibit. 5. According to 75 Pa.C.S. §3751(b)(4), a police report, "shall not be admissible as evidence in any action for damages or criminal proceedings arising out of a motor vehicle accident." 6. Because a police report is not admissible as evidence in a civil action arising out of a motor vehicle accident, the Defendant requests this Court preclude the Plaintiff from offering the report as an exhibit. II. PRE-ACCIDENT DUI 7. The Plaintiff's Pretrial Memorandum suggests that the parties were motivated to flip the Defendant's truck from its side onto four wheels because the Defendant wished to avoid a conviction for a second DUI. The Defendant therefore believes that the Plaintiff intends to offer evidence of his pre-accident DUI charges. 8. At his deposition, the Defendant testified that his conviction resulting from the accident was considered a second DUI conviction, and that he had been charged with a prior DUI in March 2006 (the Defendant completed the ARD program with respect to the first set of charges). (See Defendant's deposition transcript at pp. 7-8, attached as Exhibit A.) 9. Both the Plaintiff and Defendant testified at their depositions that a motivation for attempting to flip the truck onto four wheels was that the Defendant did not want to be charged for DUI. (See Exhibit A at p. 16; See the Plaintiff's deposition transcript at p. 22, attached as Exhibit B) 10. In Pennsylvania, evidence of prior convictions, if relevant, is admissible in limited circumstances, such as where a prior conviction supports an element of the action (e.g., prior reckless driving convictions in a negligent entrustment case), or where a prior crime involving dishonesty is used for impeachment purposes. See Pa.R.E. 404, 609. 11. In this case, the Defendant's pre-accident DUI charges are not relevant to proving any of the elements of the Plaintiff's case (duty, breach, causation, and damages), do not involve dishonesty, and will likely to inflame the jury and unfairly prejudice the Defendant. 12. The Defendant therefore requests this Court preclude the Plaintiff from offering evidence at trial of the Defendant's pre-accident DUI. III. POST-ACCIDENT DUI 13. The Plaintiffs Pretrial Statement notes that the Defendant pleaded guilty to DUI as a result of charges stemming from the accident. The Defendant therefore believes that the Plaintiff intends to offer evidence of his post-accident DUI. 14. Where negligence in causing a motor vehicle accident is at issue, the courts have held that a guilty plea to driving under the influence can be admitted in a subsequent civil proceeding arising out of the same circumstances. Cromley v. Gardner, 385 A.2d 433,'436 (Pa. Super. 1978). 15. Unlike the situation in the Cromley case, the Defendant here has admitted negligently causing his truck to flip onto its side while driving, and thus his negligence in causing the motor vehicle accident is not at issue. 16. Under the Pennsylvania Rules of Evidence, the Defendant's post-accident conviction is therefore not relevant and is inadmissible. Pa.R.E. 401, 402. 17. Furthermore, pursuant to Pa.R.E. 403, such evidence is inadmissible as unfairly prejudicial to the Defendant, in that it will suggest to the jury a decision on an improper basis. See Rule 403, official comment. 18. The Defendant therefore requests this Court preclude the Plaintiff from offering evidence at trial of the Defendant's post-accident DUI conviction. IV. ALCOHOL CONSUMPTION 19. Although the Plaintiff has filed a Motion in Limine to preclude evidence of his own alcohol consumption, the Defendant anticipates that he intends to introduce evidence of the Defendant's alcohol consumption prior to the accident. 20. Both the Plaintiff and Defendant testified at their depositions that they were together from approximately 10:00 a.m. on the date of the accident through the time of the injury that night at approximately 10:30 p.m., and that they steadily drank at two establishments from approximately noon until just before accident. (See Exhibit A at pp. 10-12; See Exhibit B at pp. 16-20.) 21. The courts have held that "where recklessness or carelessness is at issue, proof of intoxication is relevant, but the mere fact of consuming alcohol is inadmissible as unfairly prejudicial, unless it reasonably establishes intoxication." Whyte v. Robinson, 617 A.2d 380, 383 (Pa. Super. 1992) (emphasis added). 22. "[S]uch evidence of intoxication must reasonably establish a degree of intoxication which proves unfitness to drive where reckless or careless driving is the matter at issue." Whyte v. Robinson, 617 A.2d at 383 (emphasis added). 23. In this case, the Defendant has admitted causing his truck to overturn, and thus neither his negligence nor evidence of his intoxication is relevant with respect to the initial accident. Pa.R.E. 401. 24. Although negligence of the Defendant is arguably at issue with respect to the lifting of the truck, the Plaintiff has no evidence suggesting that the Defendant's intoxication during the lifting of the truck caused the Plaintiff to slip beneath the vehicle, which then crushed his leg. 25. In fact, the Plaintiff testified that he slipped on gravel while lifting the truck. (See Exhibit B at pp. 24-25.) 26. Evidence of the Defendant's alcohol consumption will be unfairly prejudicial to him in this case, in that it will divert the jury away from the real issue of causation of the Plaintiff's injury. Pa.R.E. 403. 27. Additionally, should this Court grant the Plaintiff's Motion in Limine and preclude the Defendant from offering evidence of the Plaintiffs alcohol consumption, evidence of the Defendant's alcohol consumption will be extremely unfairly prejudicial to him at trial in that it will suggest to the jury that the was intoxicated while the Plaintiff was sober, when both parties testified at their depositions that they drank roughly the same amount together prior to the accident. 28. Because the Defendant's alcohol consumption is not relevant in this matter, and because such evidence will be unfairly prejudicial to him, the Defendant respectfully requests this Court preclude the Plaintiff from offering evidence of the Defendant's alcohol consumption. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By. Matthew Ridley, Esquire Counsel for Defendant NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 3 (Pages 6 to 9) 6 1 A 07/18/86. 1 2 Q Are you married? 2 3 A Yes. 3 4 Q What's your wife's name? 4 5 A Kristin, K-R-I-S-T-I-N. 5 6 Q Any children? 6 7 A Yes, one. 7 8 Q How old? 8 9 A Nine months. 9 10 Q Boy or girl? = 0 1 A Boy. -2 Q What's his name? 2 L 3 A Mason. 13 14 Q Can you give me a brief summary of your 14 5 educat ional background? 15 16 A Graduated high school. 16 _ 7 Q Where? 117 8 A Big Spring. 18 _ 9 Q What year? 19 ?0 A '04. 20 21 Q And you have been with the current employer 21 ' 2 since? :2 2 '. 3 A No. I worked at Cumberland Printing for the 2 3 '. 4 year after -- for one year after I graduated, and then 4 5 I went to Seifert. -5 Q And that's a result of this accident? A Yeah. Q When do you get it back? A October 18th, I believe. Q And when was your first DUI? A I'm not sure. It was either March -- I think it was March -- for sure I worked at Seifert. It would have been'06, I think. I was 19. Yeah, I think it was March. Q Have you had your driving privileges suspended or revoked for any other reason? A Just the DUI and points. Q The first DUI when you were 19, you lost it for six or 12 months? A I think 90 days. I think that's what it was. Q And then the points, what were the underlying charges for those tickets? A There was a failure to stop at a stop sign, improper backing, a speeding ticket. What was the other one? I think -- what was the other one? I forget what the charge is. I have them in my house on file. I don't remember. Q They were all separate. though? A Yeah. Q And they were all moving violations? 8 7 L Q What did you do at Cumberland Printing? 1 2 A Ran a press. 2 3 Q Where is that located? 3 4 A They are out of business. It was in 4 5 Mech anicsburg. 5 6 Q Hempt Road? Is that back on Hempt? 6 7 A It's right by Dominos, by the train tracks. 7 8 Q In preparation for today, other than your 8 9 attorn ey, have you spoken to anyone else? 9 0 A No. 10 Q Have you reviewed any documents? 11 2 A No. 12 3 Q Have you spoken to the insurance company? 13 4 A Yeah, over the phone. j14 5 Q Do you know who you spoke to? 15 6 A No. 16 7 Q Was that back around at the time of the '17 8 accident? 18 9 A I think right after the accident and then a 19 0 couple -- Well, a couple of months ago just for this. 2 0 Q Do you have a current Pennsylvania driver's 21 2 license? 122 3 A No. .23 4 Q Why? ,24 5 A Second DUI. 25 A Yeah, yup. Q The DUI of March when you were 19 years old, was there an accident involved in that? A No. Q Where were you pulled over? A Campground Road in Dillsburg. Q Is that York or Cumberland County? A York County. Q Do you know what your BAC was for that one? A .13 or 6. I'm not sure. Q And for the one that we are talking about here? A For the one -- it was .18 and the blood test was -- I'm not sure exactly, but I think it was .23. I think that's what it came back. Q And the. 18 was the field sobriety? A I believe, yeah. Q Where did they draw the blood? A Carlisle Regional. I think that's the name of it. Q Can you just give me a summary or a brief narrative description as you recall? Let's start with where were you before the accident? A Like starting that morning or -- Q I know you were at Rockwell's. 9 Johnstown - eensburg - Harrisburg NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 4 (Pages 10 to 13) 10 1 A Rockwell's and then -- 1 2 Q Did you work that day? 2 3 A No. 3 4 Q Let's go from noon. - 4 5 We were at Rockwell's and then went to A Okay. 5 6 Cold Springs, and then we got in the accident on the 6 7 w av home. 7 8 Q What time would you have been at Rockwell's? 8 9 A I think it was a little after noon, probably 9 10 like 12:00. 1:00. somewhere in there. 110 11 Q Did you eat there? i 1 12 A Yeah. 12 13 Q Do you recall what you had? 13 14 A I had -- what's the name of it, the one 14 15 burger. I forget what the name of it is. ! 5 16 MR. A. SPAHR: Montreal burger. 16 17 THE WITNESS: Montreal burger, that's what it .17 18 is, and fries. 18 19 BY MR. LAFFERTY: 19 20 Q Do you know what time that would have been? 2 0 21 Was that lunch or dinner? 21 22 A It would have been lunch, yeah. 2 2 23 Q What were you drinking? 2 3 24 A Beer, and Captain and Coke later on then. :? 4 2S Q Bottles or draft? 2 5 11 1 A Draft. 1 2 Q Any idea how many pitchers? 2 3 A Yeah; I don't know. I couldn't tell you 3 4 that. 4 5 Q One of the other ground rules I should have 5 6 probably said at the beginning is I don't want you to 6 7 guess and your attorney doesn't want you to guess. I 7 8 don't know is a perfectly fine answer, I don't recall. 8 9 A Okay. 9 10 Q If you want to estimate something like we 10 11 talk about distances later or speeds, feel free to say 11 12 I'm not sure, I will give you an estimate, but nobody .12 13 wants you to guess. I don't know is a perfectly fine 13 14 answer. 14 15 A All right. 15 16 Q What time would you have left there? to 17 A I think it was around -- it was after dark. 17 18 It would have been about I'm going to say 8:00 or 9:00. 18 19 Q Who were you with? 19 20 A Just Adam. .20 21 Q And you went from there, and that's the one 21 22 down near -- 2 2 23 A Ashton's. 23 24 Q Okay. 2 4 25 A Yup. 125 12 Q Where is Cold Springs? A Cold Springs is maybe a mile, probably not even that far, down straight across Williams Grove Road on -- I think it's Park Place is the name of it, I think is the name of the road. Q And it was just you and Adam? A Yeah, yup. Q So you get there sometime between 8:00 and 9:00: is that fair? A Yeah. Yeah. Q And did you have anything to eat there? A Not that I remember. Q Did you have drinks? A Yeah. Q Do you recall what? A Captain and Coke. Q Do you know how many? A I'm not sure. I would say probably six or seven, somewhere in there. Q Now just do me a favor and give me a brief summary of events as you leave there. What happened? A We left Cold Springs, drove down the road out to -- down Base Road, came out on 74, made a right-hand turn, drove, I don't know, a hundred yards down the road, and when I made the left to go onto Leidigh, I 13 hit the embankment. Q Do you know how fast you were going? A I couldn't tell you. Q You hit the embankment and what happened next? A The truck rolled onto the driver's side. Q Okay. A And we slid like 20 feet, I think. Q What kind of truck? A '99 F-150. Q And you ultimately came to rest on the driver's side of the vehicle? A Yeah. It was on the driver's side laying in the middle of the road, I believe. Q So at that point Adam is in the passenger's seat or before the accident? A Yeah. Yeah. Yeah. Q When you roll over, what happened to the two of you as far as like your bodies? Did you have a seat belt on? A I did not have a seat belt on, but I was in the seat and my hoodie was all scratched up from the road and the glass. Q Are they bucket seats or is it a bench? A It was a bench seat, I believe. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Trevor Culver 5 (Pages 14 to 17) 14 1 Q Did Adam have his seat belt on? 1 2 A I'm not sure. 2 3 Q What happened next? 3 4 A I don't know. 4 5 Q Is that a result of the drinking? 5 6 A Yeah, between that and wrecking and just 6 7 chaos. 7 8 Q So it would be fair to say that the accident 8 9 happened and then the combination of the drinking 9 0 throughout the day, just the shock of the accident 10 1 itself, the aftermath of the accident, is serving at 11 2 this point at least just jumbled up the memory? '12 3 A Yeah. I -- the next thing I remember after 13 4 that is a car was coming down the road in the opposing 14 5 lane, and they are the ones, I believe, that called 15 6 911. But that's -- I mean, that was probably a minute 16 7 or two after the initial rolling and -- i17 8 Q Okay. Did you just flip on your side or did l 8 9 you roll over? 19 0 A No, we just we hit and rolled. We didn't 2 0 1 actually make a rotation. ,21 2 Q So it would have been a quarter turn? :.2 2 3 A I guess, yeah. 12 3 4 Q Ultimately, you got out of the vehicle? 2 4 5 A Yeah. :2 5 15 1 Q Were you able to do that by yourself? 1 2 A Yeah. 2 3 Q How about Adam? 3 4 A I --I don't remember. I remember I got out 4 5 of' the back and I remember running just -- I don't 5 6 know. 6 7 Q Were the windows blown out? 7 8 A The driver's side was. I'm not sure about 8 9 the passenger, and the back wasn't. The back sliding 9 10 wasn't blown out it was just -- 0 11 Q So you actually slid open the back window and _ 1 12 crawled out that way? '12 13 A Yeah. because it has the hatch. - 3 14 Q Did you have any conversations with Adam at = 4 15 that point that you recall? _5 16 A I can't remember exactly, but I'm sure I said i- 6 17 something to him. I can't remember exactly what I said 17 18 to him. I don't know. -8 19 Q We] 1, as you are aware, after the accident - 9 20 the vehicle was still on its side and you both are out 20 21 of the vehicle. Is that accurate? 21 22 A Yeah. He eventually got out, yeah. 22 23 Q And at some point, it's decided to try to 23 24 push the truck back over? 24 125 A Yeah. 2 5 16 Q Do you recall who made that decision? A I -- I don't know. I would imagine both of us, because we both wanted to leave. Q So essentially -- A I remember saying we got to get out of here or I'm going to get arrested. Q So you have the added pressure of being afraid for the DUI? A Yeah. Q So you would agree that it was the intent at that point, your intent at least is to return the vehicle upright so that it's drivable? A Yeah. Q And that you essentially both have the intent of returning that vehicle into a driving condition? A Yeah. Q And with the intention of being able to drive the vehicle away from that scene? A Yeah. Q Do you recall any specific discussions that the two of you had about that about let's get this thing flipped over so we can get out of here? A No. I -- it was just panic mode. Q If Adam were to testify that you did have that conversation, would you have any reason to dispute 17 it? A I -- I can't say that he didn't, I mean, or we didn't. I don't remember exactly -- I mean -- I don't know. Q That's fine. I'm not trying to put -- I am just trying to get some answers to some of the questions that I do have. Where were you going? A To my house. Q And where is that the same address that you are at now? A No, that was Criswell Drive, 501 Criswell Drive, Boiling Springs. It was probably, I don't know, two miles, maybe, from where we had the accident. Q Okay. So you are out of the vehicle. You are attempting to push it over, and what happened next do you recall? A I don't know. I don't remember. I don't remember exactly. I can't. I don't know. Q Do you recall Adam getting hurt? A I remember Adam -- after the car pulled up, I remember Adam in the road, and then the fire people, ambulance, came, and the fire truck came. Q When you were answering that question, you said when the car pulled up. Were you talking about the vehicle that you think called 911? Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Adam Spahr 5 (Pages 14 to 17) 14 1 February 27, 2008 was? 1 2 A No, I do not. 2 3 Q I want to focus on the accident itself now. 3 4 Do you know what time it took place? 4 5 A I would say around 10:30. 5 6 Q Is that a.m. or p.m.? 6 7 A P.m. 7 8 Q And it was dark at that time? 8 9 A Yes, it was. 9 10 Q Do you know the vehicle you were traveling 10 11 in, were the headlights on? 11 12 A Yes. 12 13 Q Were there any adverse weather conditions 13 14 that February at that time? 14 15 A I'm not sure. 15 16 Q Do you recall the road conditions at all? 16 17 Was there snow or ice or anything on the road? 17 18 A They might have just --I think --I don't 18 19 know. I really don't. I don't know. 19 20 Q Fair enough. Do you remember where this 20 21 accident took place? !21 22 A Not exactly. I don't know the name of the '2 2 23 road. '2 3 24 Q You don't know the name of either road? 2 4 25 A No, I'm not -- I'm not too familiar with that 2 5 15 ': 1 there. I worked out there, but I don't really know the 1 2 name of the roads and stuff. I know where I was at 2 3 when I drive around and stuff. I usually stuck to the 3 4 main roads. I didn't go on the back roads too often. 4 5 Q Do you happen to know what the speed limit 5 6 was at all? 6 7 A I believe it was 35 on that road. I'm not 7 8 exactly sure. 8 9 Q You heard my client testify earlier that I 9 10 guess he was trying to make a left-hand turn? 10 11 A I believe it was a right-hand turn. 11 12 Q You believe it was a right-hand turn? 12 13 A Yes. 13 14 Q Okay. Do you recall what the grade was like 14 15 there making the turn, meaning was it flat, uphill, was y 15 16 it slow -- '16 17 A A little uphill. 17 18 Q A little uphill making the turn? 18 19 A When you turn, I mean, it wasn't like that or 19 20 nothing. It was a little slope. He was getting ready .20 21 to come to the slope though. When you turn on the 21 22 road, it was flat. 2 2 23 Q Do you remember what vehicle you were in at 2 3 24 the time? :2 4 25 A '99 F-150, red. i25 16 1' Q Other than you and my client was there anybody else in the vehicle? A No. Q Were you guys headed to his house like he said? A Yes. Q And were you coming from I guess Cold Springs bar like he said? A Yes. Q Take me through that day, if you can. I guess we started with noon earlier. Why don't we start there? A We called each other up around 10 o'clock in the morning. We were going to go fishing. We did a little fishing from like 11:00 or 12:00. We went to -- we were hungry, so we went to Rockwell's to get something to eat. Of course we had some drafts there, some mixed drinks. And about -- I think it was about 5:00 or 6:00 in the afternoon, we stayed there for about five hours, we went to Cold Springs where we didn't get anything to eat. We just drank until 9:00, 9:30, and the time of the accident was around 10:30, so we weren't drinking at all when we were fishing, so we were sober then. 17 Q Did you guys catch any fish? A A couple. Q When you went to TJ Rockwell's, I guess it seemed like you were telling my client what he had to eat. Is that how you recall it that he had that Montreal burger? A Yes. Q You had the same thing? A Yes. Q Do you remember how many drafts you guys had that day? A Not exactly. Q If you had to estimate, could you? A I would say we had about six there each. Q And what about mixed drinks? A Two, maybe. We didn't have many of them there. Q And what mixed drinks would they be? A Captain and Cokes. Q And I guess we are talking about drafts, are we talking pints, 12-ounce glasses? A They were 12-ounce glasses. Q And what about the mixed drinks; do you know what size they were? A Actually, no. Johnstown - Er sburg - Harrisburg NETWORK DEPOSITION SERVICES Transcript of Adam Spahr 6 (Pages 18 to 21) 18 1 I think Rockwell's gives 22s. 22-ounce 1 2 glasses. I'm sorry. 2 3 Q That's okay. If at any time you need to go 3 4 ge an answer. we can certainly do that. hack and chan 4 5 A I just want to make certain it's true. S 6 The mixed drinks, I'm not exactly sure. They 6 7 were like that tall. about that round. I don't know 7 8 how many ounces they are. They are fancy looking 8 9 things so -- I would say eight ounces. (Indicating.) 9 10 Q And then when you go to Cold Springs? 10 11 A Yes. 11 12 Q You just had Captain and Cokes there? 12 13 A I didn't. .13 14 Q You didn't have them there? Did you have .14 15 anything to drink there? 15 16 A I had three beers. I was shooting pool. He :16 17 was talking to some guy from work. When we got there, 17 18 we kind of like went our own ways, so I really don't 18 19 know what he was doing. ' 19 20 He came up to me and said it was time to go 2 0 21 and we left. I really didn't know how much he drank ! 21 22 prior to Rockwell's. We weren't sitting together, so I 2 2 23 couldn't tell you how many drinks or what he drank. 23 24 Q Okay. 4 25 A I only had three beers at Cold Springs. 23 19 1 Q Okay. And you don't know how- much he had to 1 2 drink at Cold Springs? 2 3 A I do not no. 3 4 Q Did you observe him drink anything? 4 5 A When we first got there, he got a Captain and 5 6 Coke, and then I walked away from him after the first 6 7 one, and we kind of did our own thing. 7 8 There was a bunch of guys from work there. I 8 9 couldn't tell you really who all was there. I was 9 10 shooting pool with a kid I used to go to school with. 0 11 Q Do you know who that was? 11 12 A No, he -- he moved away. I forget his first 12 13 name. 13 4 Q You said my client was sitting at the bar 14 15 talking to another guy from work; do you know who that 15 16 was? 16 17 A No, I don't. I mean, there was a bunch of 17 18 people, you know, from the races, that go there. He 18 19 goes to the races all the time. He was talking to so 19 20 rrany different people. It's hard to tell. 2 0 21 Q Okay. I guess I was confused here. When you 21 22 guys were fishing, before you went to Rockwell's, did 22 23 you have any alcohol with you? ,23 24 A No. I mean, I don't know what he had in his ! 2 4 25 car. If he did, then he did. But I don't know if he .25 20 did or not. We didn't drink anything when we were fishing. Q Okay. A So if he had it in his vehicle, then he was hiding it from me, because I didn't see anything personally. Q You didn't see him drink anything? A No. Q Outside of the bars? A No. Q Do you have any reason to believe that he actually drank something outside of the bars? A No, not -- I didn't smell anything on him so no, I don't. Q So 9:00, 9:30, you leave Cold Springs. Tell me how the accident happened. A We left Cold Springs. He turned the music on a little bit, and I was talking to my girlfriend at the time, I was texting her, so I wasn't really paying attention to what roads he was taking. I just remember him taking a hard right and rolling and slipping on the side. Q Because you were texting on the phone, did you sort of foresee or see the accident coming at all? A No. I had no idea. I was looking down like 21 this, and then I was going like this. (Indicating.) Q You started to feel you going over and then you looked up and something was wrong? A Yeah. Yeah. Q I guess during the trip, were you watching his driving at all? A No, I wasn't. I trusted him. Q And you may have answered this already. I'm sorry if you did. I guess other than the burgers at Rockwell's. did you guys have anything to eat the rest of the day? A No. I mean some peanuts and pretzels at Cold Springs, but other than that, nothing. Q No meals? A No meals. That was the only meal. Q Did you take any medications that day? A No. Q Did you have any drugs that day? A No. Q So I guess take me through, you look up from texting. What's going on with your body in the vehicle, I guess, as it's rolling on it's driver's side? A As far as how I was feeling? Q What it's doing. Do you move anywhere? Do Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Adam Spahr 7 (Pages 22 to 25) 22 1 you strike anything? Does anything hit vou? 1 2 A No. I stayed in my seat. I just rolled 2 3 over, and I remember my cell phone being -- so I was on 3 4 my side, and Trevor was on the road kind of. 4 5 (Indicating.) 5 6 Q Maybe this will make it easier. Were you 6 7 injured at all in the accident portion'? 7 8 A I couldn't really tell what was wrong with me 8 9 at the time, honestly. I mean, I was still moving and 9 _ 0 stuff, but I was pretty out of it, beat up and stuff. 10 i 1 I had some bumps and bruises. -1 12 Q But you didn't have any broken bones vet? 13 A No. -3 14 Q Okay. So what happens immediately after the 14 15 accident? 15 16 A We both get out, and he is saying something 16 17 about how he needed to get out of there. He didn't 17 18 want to get a DUI. And at that time, there were two i 8 19 cars that came in the opposite direction, and they 19 20 asked if we needed any help, this and that. 20 21 And Trevor asked him if he could help us roll 1 22 the truck over, and I don't really know how many cars -1-2 23 it was at the time. There was three or four people 13 24 helping us. I didn't get any names. ' 4 2S And we started pushing the truck over. I 5 23 '. 1 slipped, fell underneath the truck, and then the guys 1 2 that were there lifted the truck back up so I could get 2 3 out, and all I could do was shuffle. 3 4 I tried to stand up, fell back down, and 4 5 really that's all I remember until the ambulance got 5 6 there. They did all kinds of stuff to me, so I don't 6 7 remember too much after that. 7 8 Q You said two cars were coming in the opposite 8 9 direction, and then you said you really didn't remember 9 10 how many there were. What I want to focus on is the 10 11 other direction. Did you guys complete your turn? 11 12 Were you on that road? Is that where the vehicle is? 12 13 A We might have been on that road maybe 13 14 15 yards from the stop sign or whatever was right there i14 15 so we could turn. '15 16 Q So the cars that were coming in the other 16 17 direction, they were on the road you turned onto? !17 18 A They didn't come until after the vehicle was 18 19 already on its side. There was nobody. 19 20 Q I am trying to figure out which road they 20 21 A ere on. 21 22 A I don't know exactly the road. 22 23 Q Are they on the same road that your vehicle 23 24 is on? 124 25 A Yes. Yes. ,25 24 Q So then however many cars come up, at least three or four other people get out and are helping you and my client roll the truck over? A Yes. Q So there is five or six of you trying to roll it over? A About let's say four to five. I'm not exactly sure how many there were so -- Q Okay. That's fair. And how is everybody trying to roll it over? A They started at the driver's side and tried lifting it up like this. We got it to this point, and I really didn't have a handle on it. that kind of a handle on it at first. (Indicating.) I could feel my legs kind of giving out because there was gravel right where we wrecked, so I slipped on the gravel and fell underneath while everybody was holding it up, and they all lost their grip and let go of it, and that's when it came down on me. Q And you couldn't get your legs out of there in time? A I mean, it had my legs trapped, but it had my waist free. So there was still a gap between this part, the top of the cab, and my midsection. But as 25 far as like the bed and stuff by the tire, it had my legs trapped. Q Okay. So looking at I guess the driver's side of the vehicle, where are you at? Are you trying to pick up on the top of the cab, somewhere on the tailgate? A The truck is down like this. This is the door. So everybody is trying to lift it up like this. So they almost got it up to the point where we were just getting ready to try to nudge it, and that's when I fell underneath it. I slipped. I didn't even get to this point. I was only like this. (Indicating.) Q Okay. So -- A I mean, everything was just a blur. I am trying to piece it all together too, so -- Q Okay. A I do remember being underneath the vehicle, though, so I don't know exactly how I fell or what happened but -- Q When you got out of the vehicle after the accident, did you have any trouble walking? A No. I was a little woozy. I could walk, though. Q Describe to me what you mean you were a little woozv. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION IN LIMINE has been transmitted via email and mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 1St day of February, 2012. Zachary Campbell, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 zdc@mwke.com (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Matthew Ridley, Esquire Counsel for Defendant ADAM SPAHR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TREVOR J. CULVER,. DEFENDANT 09-8731 CIVIL TERM r-- PRETRIAL CONFERENCE''- -" - = A pretrial conference was held on February 1, 2012. In attendance- We Plaintiff's counsel, Zachary D. Campbell, Esquire and Defendant's counsel, Wtt*w Ridley, Esquire. This case involves an accident after an automobile accident, which occurred on February 27, 2008. Plaintiff was a passenger in Defendant's truck when it ran off the road and flipped onto the driver's side. Both parties had been drinking. According to Plaintiff, Defendant was in a rush to leave the scene before there was any police involvement so the parties attempted to right the Ford F-150. In doing so, Plaintiff lost his grip, slipped and fell under the truck, after which the truck fell on Plaintiff seriously injuring his leg. This bifurcated trial will focus solely on negligence and causation. Both parties have filed motions in limine dealing with the consumption of alcohol prior to the accident. Defendant has responded to Plaintiff's motion and Plaintiff will be responding shortly to Defendant's motion, which was filed on this date. The trial judge shall rule on the motions. This should be a quick, one-day-maximum trial (assuming it starts in the morning). Therefore, the jury will not take notes. The parties will have four peremptory challenges. 07-2207 CIVIL TERM With respect to settlement, Defendant has offered $500. Plaintiff is currently demanding $50,000. Practically, until there is a determination of negligence and causation, there will be no serious negotiations. By the Court, i Albert H. Maslan , J. Zachary D. Campbell, Esquire For Plaintiffs Matthew Ridley, Esquire For Defendant Court Administrator :saa -2- J ADAM Z. SPAHR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TREVOR J. CULVER, DEFENDANT 09-8731 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2012, upon consideration of the motions in limine filed by Plaintiff, Adam Spahr, and Defendant, Trevor J. Culver, the motions are GRANTED in part, and DENIED in part, as follows: (1) Defendant is precluded from introducing any testimony indicating Plaintiff was charged and/or convicted with a driving under the influence charge after the February 27, 2008 accident; (2) Defendant is not precluded from introducing testimony that Plaintiff had consumed alcohol prior to the accident on February 27, 2008. However, Defendant is precluded from entering testimony to the effect that Plaintiff was intoxicated; (3) The police report is excluded from evidence; (4) Defendant's pre-accident DUI is excluded from evidence; (5) Defendant's post-accident DUI is excluded from evidence; (6) Defendant's alcohol consumption is not excluded from evidence. However, Plaintiff is precluded from entering testimony to the effect that Defendant was intoxicated. r By the Court, 4-1 Albert . Masla , J. Zachary D. Campbell, Esquire For Plaintiff /Matthew Ridley, Esquire For Defendant :saa end u^• °rt ? r ADAM Z. SPAHR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TREVOR J. CULVER, DEFENDANT NO. 09-8731 CIVIL TERM VERDICT SLIP Question 1: Was the Defendant negligent? Yes No If you answer "No" to Question 1, the Plaintiff cannot recover and you should notify the tipstaff that you have reached a verdict. If you answered "Yes" to Question 1, you should proceed to Question 2. Question 2: Was the Defendant's negligence a factual cause in bringing about any injury to Plaintiff? Yes No If you answer "No" to Question 2, the Plaintiff cannot recover and you should notify the tipstaff that you have reached a verdict. If you answered "Yes" to Question 2, you should proceed to Question 3 with regard to the Defendant. Question 3: Was the Plaintiff negligent? Yes No If you answer Question 3 "Yes" go to Question 4. If you answer Question 3 "No" go to Question 5. Question 4: Was the Plaintiff's negligence a factual cause of any harm to him? Yes No Go to Question 5. Question 5: If you have found more than one party causally negligent, you must apportion the negligence among those parties. Taking the combined negligence that was a factual cause of any harm to the Plaintiff as 100 percent, what percentage of that causal negligence was attributed to the Defendant and what percentage was attributable to the Plaintiff? Percentage of causal negligence attributed to Defendant: L 5 % Percentage of causal negligence attributed to Plaintiff: (Answer only if you have answered "Yes" to Questions 3 and 4). % - 55 Total: 100 % D to ` In the Court of Commons Pleas ` of Cumberland County, PA., ADAr4 SPAHR Docket No. 2009-8731 Judge: MASLAND ---- V S ---- TREVOR J. CULVER Attorney: jakBf q m v Attorney:- t?1 eL(?/ C l ?? Date• ?Ph ?3 .2 O / JURORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 1- ??11111111HW-- _FKBi-3-336..... _..BRYM4;SSER,-DALE B --M 1 8111 F - 3 ERB THAN --?- _. 3 1111111111111101111 FEB13-335 SNYDER, WENDY J 5---IgINmitano -. ._EEB13-1.57- $PS-TZ,-M-ICHEI16E L B13- GUT , BON 8 111111111 01011111 FEB13-189 PEFFER, TODD A - 9 1 1 1?1 FEB13-106 E 10 11111111211111110 FEB13-177 MURPHY, TIMOTHY S 11 1111q FE -1 PA OFF D M 12 IIIN?11111111NIq>III FEB13-286 MANCKE, BEVERLY A 13 1111111111111111111 FEB13-332 FLINN„ II JAMES M 14 111111N1111111111111 FEB13-48 JURINA„ JR JAMES J L 1g1111gJ11Jl - , Ig1111 -2 ASON 17 IgH1111111111g11q1 FEB13-132 RITCHIE, JON D 18 111111111111111gg1q1 FEB13-171 LARSON, MICHAEL D 19 Ig11111111g11111qN FEB13-262 DUNLAP, BRADLEY L 20 III1111IIg1111111g1 FEB13-166 BROCK, JOHN H 21 1A11111111111g1g1NIq1 FEB13-52 GYURKO, DORIS E 22 Ig1111111111111111g1 FEB13-46 BAKER, JAMES E ADAM SPAHR ---- V S---- TREVOR J. CULVER In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2009-8731 Judge: MASLAND Attorney: Attorney: Date: JURORS No. Juror # 231NIIN11IgMMNN FEB13-153 2411NIIM111111NNNIN FEB13-155 251IIIIIINI 111 FEB13-125 2611N1I?NNNNINI111 FL\$13-329 27 IIINII1NNNi11I1N111 FEB13= 23 281111?111IN11NIIN11 FEB13-159 2911111IMMINON11 FEB13-86 3011110111NNIIN011 FEB13-87 31111111IIINI1881111 FEB13-10 321N1N11N1MMI111 FEB13-16 33111NIN11NMINIINII FB13-284 34111NN11N1NNIN11 FEB13-80 351I1NINININNi1111 FEB13-12 36 37 38 39 40 41 42 43 44 NAMES OF JURORS CALLED CAUSE I P I D FREBERG, CURTIS J SNAVELY, PAULA J SPEECE, JODI L JOHNSEN, JASMINE J WISE, MICHAEL E ROBINSON,, JR JOHN H BL IjSOE, ELIZABETH r.. DUFFY, V'tALM iT- H STANNERT,CAYCE A WARD, LINDA L LAW, NANCY L NUNEZ, MELISSA A IN THE COURT OF COMMON PLEAS OF CUMBLERAND COUNTY, PENNSYLVANIA ADAM Z. SPAHR, Plaintiff, V. TREVOR J. CULVER, Defendant. CIVIL DIVISION S G, NO. 09-8731 > c C3 (Jury Trial Demanded) PRAECIPE TO SATISFY. DISCONTINUE. AND END TO: THE PROTHONOTARY Please mark the above-referenced case satisfied and discontinued, with prejudice. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: c D. Campbe , Esquire Counsel for Plaintiff APR 0 2 2012 ? ?+ --------------------