HomeMy WebLinkAbout10-5829From:Shollenberger & Januzzi, LLP 717 728 3400
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
V.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA
Defendants
i.r 4 l1 f i' 2' 30
PE, ?sv? t LVaNiA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. lb -J'gay
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
a.,- L'TSA-rv?
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that, if you fail to do so, the case may proceed
without you and a judgment may be entered against you by the Court without further
notice for any money entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU 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 REDUCE FEE OR NO FEE.
S
CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE $gzoa CARLISLE, PA. 17013
(717) 249-3166 Ce l SGCC?
R-tl- 4/ '90`7
09/10/2010 14.16 #513 P.002/006
From:Shollenberger & Januzzi, LLP 717 728 3400 0911012010 14:16 #513 P.0031006
NOTICE
CONCERNING MEDIATION OF ACTIONS PENDING BEFORE
THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY
The Judges of the Court of Common Please of Dauphin County believe that
mediation of lawsuits is a very important component of dispute resolution. Virtually all
lawsuits can benefit in some manner from mediation.
The Court has adopted Dauphin County Local Rule 1001 to encourage the use of
mediation. This early alert enables litigants to determine the best time during the life of
their lawsuit for a mediation session. The intent of this early alert is to help the parties
act upon the requirement to consider good faith mediation at the optimal time.
The Dauphin County Bar Association provides mediation services and can be
reached at 717-232-7536. Free mediation sessions for pro bono cases referred by
MidPenn Legal Services are available through the DCBA.
From:Shollenberger & Januzzi, LLP 717 728 3400 09/10/2010 14:16 #513 P.004/006
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA
Defendants
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes paginas, debe tomar
acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defenses de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si
usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin
usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra
reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya
por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros
derechos importantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR
UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE LAS
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN. Lawyer Referral and Information Service
From:Shollenberger & Januzzi, LLP 717 728 3400 09110/2010 14:16 #513 P.0051006
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA. 17013
(717) 249-3166
From:Shollenberger & Januzzi, LLP 717 728 3400 09/10/2010 14:16 #513 P.006/006
AVISO
REFERENCES A LA MEDIACION DE LAS ACCIONES PENDIENTES ANTES
LA CORTE DE SOPLICAS COMUNES DEL CONDADO DE DAUPHIN
Los juices de la corte de suplicas communes del condado de Dauphin creen
que la mediaci6de pleitos es un componente muy importante de las resoluci6n
del conflicto. Virtualmente todas los pleitos pueden beneficiar de cierta manera
de la mediacion.
La code ha adoptado la regal local de condado de Dauphin 1001 para animar
el use de la mediacion. Esta alarms tempreana permitea litigantes determiner la
mejor epoca durante la vida de su pleito para una session de la mediacion. El
intento de esta alarma temprana es actuar sobre la mediacion de la Buena fe en
el tiempo 6ptimo.
La associaci6n de la barra del condado de Dauphin proporciona servicios de
la mediacion y se puede alcanzar en 717-232-7536. La session libre de la
mediacion para los favorables casos del bono se refinio por MidPenn que los
servicios juridicos estan disponibles con el DCBA.
An adequate supply of forms containing the bilingual notices required by
these Rules shall be furnished by the Dauphin County Bar Association to the
office of the Prothonotary and shall be available for use by litigants and their
attorneys.
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA
Defendants
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, come the Plaintiffs, Tim Bennett and Karra Hoover by and through
their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent(s) the
following:
1. Plaintiff, Tim Bennett, is an adult individual who currently resides at 1310
Kingley Road, Camp Hill, Cumberland County, Pennsylvania.
2. Plaintiff, Karra Hoover, is an adult individual who currently resides at 1310
Kingley Road, Camp Hill, Cumberland County, Pennsylvania.
3. Plaintiffs, Tim Bennett and Karra Hoover are common-law husband and
wife.
4. Defendant, Keith A. Scott, is an adult individual whose last known address
is 312 Hillcrest Drive, New Cumberland, York County, Pennsylvania.
5. Defendant, Chester L. Mohn, is an adult individual whose last known
address is 600 Lewisberry Road, New Cumberland, York County, Pennsylvania.
6. Defendant, Department of Transportation of the Commonwealth of
Pennsylvania (hereinafter referred to as "DOT"), is an agency of the Commonwealth of
Pennsylvania and maintains an office in Dauphin County, at the Keystone Building, 400
North Street, Harrisburg, Dauphin County, Pennsylvania.
7. The facts and circumstances hereinafter set forth took place on November
7, 2008, at or about 12:41 p.m. on State Route 114/Lewisberry Road between
Rudytown Road and Spagners Mill Road.
8. At the aforesaid time and place, Plaintiff, Tim Bennett, was the
owner/operator of a 1994 Honda CBR 600F2, bearing Pennsylvania Plate Number
TDP82.
9. At the aforesaid time and place, Defendant, was the owner/operator of a
1999 Toyota Corolla, bearing Pennsylvania Plate Number PZ097T.
10. At the aforesaid time and place, Plaintiff, Tim Bennett, was traveling west
bound on State Route 114/Lewisberry Road, in Fairview Township, York County,
Pennsylvania.
11. At the aforesaid time and place, Defendant, Keith A. Scott, was traveling
east bound on State Route 114/Lewisberry Road and attempted to make a left hand
turn directly into the path of the motorcycle operated by the Plaintiff, Tim Bennett,
whereupon the vehicles collided and Plaintiff, Tim Bennett, landed on a metal pole,
owned by Defendant, Chester L. Mohn.
12. As a result of the aforesaid collision, Plaintiff, Tim Bennett, has suffered
serious and permanent injuries, including but not limited to the following:
a. Fracture of the L1 transverse process;
b. Fracture of the L2 transverse process;
C. Comminuted fracture of the left clavicle with associated hematoma;
d. Suprascapular nerve entrapment/neuropathy at or about the upper trunk
of the left brachial plexus;
e. Left axillary neuropathy;
f. Tendinitis of the right shoulder;
g. Laceration near the left elbow;
h. Bruising of multiple ribs on the right side;
i. Strain/sprain of the muscles, tendons, ligaments and other supportive
tissues in the area of the thoraco lumbar spine;
j. Hematuria; and
k. Multiple contusions and abrasions.
13. As a direct and proximate result of the aforesaid injuries, Plaintiff, Tim
Bennett, has undergone and in the future will undergo great pain and suffering for
which damages are claimed.
14. As a further result of the aforesaid injuries, Plaintiff, Tim Bennett, has
suffered and may continue to suffer a loss of earnings for which damages are claimed.
15. As a further result of the aforesaid injuries, Plaintiff, Tim Bennett, has
and/or may in the future incur a loss of earning capacity for which damages are
claimed.
16. As a further result of the aforesaid injuries, Plaintiff, Tim Bennett, has
sustained scarring and disfigurement for which damages are claimed.
17. As a further result of the aforesaid injuries, Plaintiff, Tim Bennett, has
sustained a permanent diminution in his ability to enjoy life and life's pleasures for
which damages are claimed.
18. As a further result of this collision, Plaintiff, Tim Bennett, has and/or may
incur reasonable and necessary medical and rehabilitative costs and expenses in
excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania
Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program,
group contract, or other arrangement for payment of benefits as defined in 75 Pa.
C.S.A. Section 1719.
19. As a further result of the aforesaid injuries, Plaintiff, Tim Bennett, has
incurred or may hereinafter incur financial expenses and losses which exceed sums
recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle
Financial Responsibility Law for which damages are claimed.
20. Plaintiff, Tim Bennett, was occupying a motorcycle at the time of the
collision, which is not a private passenger motor vehicle. Therefore, Plaintiff, Tim
Bennett, remains eligible to claim compensation for non economic loss and economic
loss sustained in this collision pursuant to applicable tort law.
COUNT 1- TIM BENNETT vs. KEITH A. SCOTT
21. Paragraphs 1 through 20 of Plaintiffs' Complaint are incorporated herein
by reference and made a part hereof as if set forth in full.
22. The aforesaid collision was the direct and proximate result of the
negligence of the Defendant, Keith A. Scott, in operating the 1999 Toyota Corolla in a
careless, reckless, and negligent manner as follows:
a. Turning his vehicle left into a driveway without yielding the right of way to a
vehicle approaching in the opposite direction which was so close as to
constitute a hazard in violation of Section 3322 of The PA Motor
Vehicle Code;
b. Turning his vehicle before the movement could be made with reasonable
safety and without giving an appropriate signal in violation of Section 3334
(a) of The PA Motor Vehicle Code;
C. In failing to have his vehicle under proper and adequate control;
d. In failing to apply the brakes in time to avoid the collision;
e. In failing to observe Plaintiffs vehicle on the highway;
f. In failing to keep a reasonable look-out for other vehicles lawfully on the
road;
g. In failing to yield the right-of-way to traffic already upon the highway;
h. In turning in such a manner as to endanger other vehicles on the highway;
In failing to observe oncoming traffic;
In failing to keep a proper look-out for approaching vehicles; and
k. In failing to yield the right-of-way to on-coming traffic.
WHEREFORE, Plaintiff, Tim Bennett, demands judgment against Defendant,
Keith A. Scott, for compensatory damages in an amount in excess of the amount
requiring compulsory arbitration.
COUNT 2- TIM BENNETT vs. CHESTER L. MOHN
23. Paragraphs 1 through 22 of Plaintiffs' Complaint are incorporated herein
by reference and made a part hereof as if set forth in full.
24. The aforesaid injuries are the direct and proximate result of the
negligence, carelessness and recklessness of the Defendant, Chester L. Mohn, which
consisted of:
a) Allowing the metal mailbox pole to remain so near an existing highway
as to create an unreasonable risk to others accidentally brought into contact with such
condition while traveling with reasonable care upon the highway or foreseeably
deviating from the highway in the ordinary course of travel; and
b) Failing to take remedial actions with regard to the dangerous condition
which was known or should have been known to be dangerous.
WHEREFORE, Plaintiff, Tim Bennett, demands judgment against Defendant,
Chester L. Mohn, for compensatory damages in an amount in excess of the amount
requiring compulsory arbitration.
COUNT 3- TIM BENNETT v. DEPARTMENT OF TRANSPORTATION OF THE
COMMONEWEALTH OF PENNSYLVANIA
25. Paragraphs 1 through 24 of Plaintiffs' Complaint are incorporated herein
by reference and made a part hereof as if set forth in full.
26. Plaintiff, Tim Bennett, believes and therefore avers that State Route
114/Lewisberry Road, in Fairview Township, York County, Pennsylvania is a highway
under the jurisdiction and control of the Defendant, DOT.
27. Plaintiff, Tim Bennett believes and therefore avers that State Route
114/1-ewisberry Road in the area in which the above referenced collision occurred was
in a dangerous condition. The dangerous condition was caused by the active and/or
passive negligence of the Defendant, DOT, acting through its officers, directors, agents
or employees as follows:
a) Allowing the metal mailbox pole to remain so near an existing highway
as to create an unreasonable risk to others accidentally brought into contact with such
condition while traveling with reasonable care upon the highway or foreseeably
deviating from the highway in the ordinary course of travel; and
b) Failing to take remedial actions with regard to the dangerous condition.
which was known or should have been known to be dangerous.
28. Plaintiff, Tim Bennett, believes and therefore avers that Defendant, DOT,
was aware that the metal mailbox pole remained so near State Route 114/Lewisberry
Road as to create an unreasonable risk to others accidentally brought into contact with
such condition and that Defendant, DOT, was aware that vehicles, including the
motorcycle being operated by Plaintiff, Tim Bennett, travel upon State Route
114/Lewisberry Road and therefore created a reasonably foreseeable risk of the kind of
injury/harm sustained by Plaintiff, Tim Bennett.
29. The section of State Route 114/Lewisberry Road in which the above
referenced collision occurred was a dangerous condition of a highway for the reason
set forth in subparagraphs "a" and "b" of Paragraph 27.
WHEREFORE, Plaintiff, Tim Bennett, demands judgment against Defendant,
DOT, for compensatory damages in an amount in excess of the amount requiring
compulsory arbitration.
KARRA HOOVER vs. KEITH A. SCOTT, CHESTER L. MOHN and DEPARTMENT OF
TRANSPORTATION OF THE COMMONEWEALTH OF PENNSYLVANIA
30. Paragraphs 1 through 29 of Plaintiffs' Complaint are incorporated herein
by reference and made a part hereof as if set forth in full.
31. As a further result of injuries sustained by her husband, Plaintiff, Karra
Hoover, has been and will be deprived of the assistance, companionship, consortium
and society of her husband, all of which has been and will be to her great detriment and
loss.
32. As a further result of the injuries sustained by her husband, Plaintiff,
Karra Hoover, has suffered a loss of earnings for which damages are claimed.
WHEREFORE, Plaintiff, Karra Hoover, demands judgment against Defendant,
Keith A. Scott, Defendant, Chester L. Mohn, and Defendant, Department of
Transportation of the Commonwealth of Pennsylvania for compensatory damages in an
amount in excess of the amount requiring compulsory arbitration.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
AttornoWs for Plaintiff
By:
Data ssr 9, ao
2225 (Millennium Way
Enola, PA 17025
(717) 728-3200
(717) 728-3400 (fax)
~ ~ .
F1± I^Q-OF~ ICt
~~ T1~1~. '~?iJ~l~~'~OTAc;
Z~~D OAT -'~ P~ ~+~ 1 ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TIM BENNETT and KARRA HOOVER, CIVIL DIVISION
Plaintiffs,
NO. 10-5829
v.
PRAECIPE FOR APPEARANCE
KEITH A. SCOTT, CHESTER L. MOHN,
and DEPARTMENT OF (Jury Trial Demanded)
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYVLANIA,
Defendants.
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
#17913
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TIM BENNETT and KARRA HOOVER, CIVIL DIVISION
Plaintiffs,
v.
NO. 10-5829
KEITH A. SCOTT, CHESTER L. MOHN, (Jury Trial Demanded)
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYVLANIA,
Defendants.
PRAECIPE FOR APPEARANCE
TO: THE PROTHONOTARY
Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the
law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the
Defendant, Keith A. Scott, in the above case.
JURY TRIAL DEMANDED
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE 8~ SKEEL, P.C.
/}~
.! ;!'/ ,_
By:
Kevin D. Rauch, 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 30th day of September, 2010.
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
(Attorney for Plaintiffs)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C. r,
By:
vin u. Ka cn, tsquire
unsel fo Defendant
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
z y'
OFFICE Tr"EPIFF
H
f
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2r1
( t rr a Cu V#T a?
-, n p, e , E r
Tim Bennett
vs.
Chester L. Mohn (et al.)
Case Number
2010-5829
SHERIFF'S RETURN OF SERVICE
09/13/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Commonwealth of Pennsylvania, Department of
Transportation, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of
Dauphin County, PA to serve the within Complaint and Notice according to law.
09/13/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Chester L. Mohn, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice
according to law.
09/16/2010 12:19 PM - York County Return: And now September 16, 2010 at 1219 hours I, Richard P. Keuerleber,
Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Chester L. Mohn by making known unto
himself personally, at 600 Lewisberry Road, New Cumberland, PA 17070 its contents and at the same
time handing to him personally the said true and correct copy of the same.
09/16/2010 09:17 AM - Dauphin County Return: And now September 16, 2010 at 0917 hours I, Jack Lotwick, Sheriff
of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Commonwealth of Pennsylvania,
Department of Transportation by making known unto Casey Huntington, Legal Assistant for The
Commonwealth of Pennsylvania, gepartment of Transportation at 400 N. Street, Keystone Building,
Harrisburg, PA 17120 its contents and at the same time handing to her personally the said true and
correct copy of the same.
SHERIFF COST: $62.44
October 07, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
icj GountySuite Sheriff. Te eosoft. Inc
cetfir.t. of the eSheriff
Mary Jane Snyder Charlesef E. S heaffer
Real Estate Deputy
William T. Tully Michael W. Rinehart
Solicitor Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania TIM BENNETT
VS
COMMONWEALTH OF PA DEPARTMENT
County of Dauphin OF TRANSPORTATION
Sheriff s Return
No. 2010-T-2991
And now: SEPTEMBER 16, 2010 at 9:17:00 AM served the within COMPLAINT upon
COMMONWEALTH OF PA DEPARTMENT OF TRANSPORTATION by personally handing to CASEY
HUNTINGTON 1 true attested copy of the original COMPLAINT and making known to him/her the
contents thereof at 400 NORTH STREET, KEYSTONE BLDG HBG PA 17120
OTHER COUNTY CASE # 20105829
LEGAL ASSISTANT
I nj*
Deputy: G MILLER
Plaintiff. TIM BENNETT
Sheriffs Costs: $50 9/15/2010
Out Of County Cost:
So Answers,
? jel?741C _
Sheriff of Dauphin County, Pa.
Sworn to and subscribed
before me this sc
-- L"'Vn
M-TI HONOTARY DAUPHIN COUNTY
OMMISSION 1?XPIRES 1ST MONDAY
JANUARY, 20--L(?
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber PETER J. MANGAN, ESQ.
Sheriff Solicitor
Reuben B Zeager Richard E Rice, II
Chief Deputy, Operations Chief Deputy, Administration
TIM BENNETT
vs.
CHESTER L. MOHN
Case Number
10-5829 CIVIL
SHERIFF'S RETURN OF SERVICE
09/16/2010 12:19 PM - DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO
A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: CHESTER L. MOHN
AT 600 LEWISBERRY ROAD, NEW CUMBERLAND, PA 17070.
SHERIFF COST: $43.00
October 04, 2010
??ofi'.+.""'?'
REY STRINE DEPUTY
SO RS,
RICHARD P K ffb'ffR6E9E R, gF7NIFF
NOTARY
Affirmed and subscribed to before me this
4th
_ day of OCTOBER 2010
„COMMONVI ALTH OF PENNSYLVANIA
NOTARIRL SLAL
LISA L. THORPE. NOTARY PUBLIC
CITY OF YORK. YCRK COUNTY
MY COMMISSION EXPIRES AUG. 12, 2013
Daniel R. Goodemote
Senior Deputy Attorney General
Office of Attorney General
Torts Litigation Section
15'h Floor, Strawberry Square
Harrisburg, PA 17120
Direct Dial: 717-783-3147
E-Mail: c odemotekattornevgeneraLgov
TIM BENNETT and KARRA HOOVER,
Plaintiffs
V.
KEITH A. SCOTT, CHESTER L. MORN
And DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA,
Defendants
HLLED-CIFFIE
I I"L''s I t,Ck'JnTAPn.,
2 10Ori 12 P" 2:42
LVA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
: No. 10-5829 Civil Term
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendant, Commonwealth of Pennsylvania,
Department of Transportation, in regard to the above case.
Respectfully submitted,
THOMAS W. CORBETT
Attorney General
By:
D iel R. od mote
enior Deputy Attorney General
Supreme Court No. 30986
{
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document(s) upon the
person(s) and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Timothy a. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
(Attorney for Plaintiff)
(717) 728-3200
Kevin Rauch, Esquire
SUMMERS MCDONNELL ET AL
100 Sterling Pkwy Ste 306
Mechanicsburg, PA 17050
(Attorney for Keith A. Scott)
By:
R. 4nieiel Supreme Court No. 30986
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-3147 - Direct Dial
DATED: October 6, 2010
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
October 6. 2010
TOM CORBETT
ATTORNEY GENERAL
Torts Litigation Section
15'" Floor, Strawberry Square
Harrisburg, PA 17120
(717) 783-3147 - Direct Dial
FAX: 717-705-7241
Cumberland County Courthouse
Prothonotary's Office
One Courthouse Square
Carlisle, PA 17013-3387
Re: Bennett/Hoover v. PennDOT, et al.
Cumberland County Docket No. 10-5829 Civil Term
Dear Prothonotary:
Enclosed for filing please find my Entry of Appearance in the above-referenced
matter. By copy of this correspondence, a true and correct copy of this document if being
forwarded to all parties of record.
Thank you for your assistance in this matter.
Very truly yo s,
aniel R. Goodemote
4
Senior Deputy Attorney General
DRG/smm
Enclosure
t
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~~ T~-~E r'~ti~~ e ~~~R~~T~.~Y
rljl~ C~~T I ~ ~~ I~~ ~2
CUI'~Bo"~LA~°~3 la~I1TY
~~~~SYL``~',~IIA
Johnson, Duffie, Stewart & Weidner
By: Jefferson J. Shipman
I.D. No. 51785
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jjs@jdsw.com
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA,
Defendants
NOTICE TO PLEAD
TO: Plaintiffs Tim Bennett and Karra Hoover AND
c/o Timothy A. Shollenberger, Esquire
Shollenberger & Januui, LLP
2225 Millennium Way
Enola, PA 17025
NO. 10-5829 Civil Term
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
Defendant Keith A. Scott
c/o Kevin D. Rauch, Esquire
Defendant Department of
Transportation of the
Commonwealth of Pennsylvania
YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of
service hereof or a default judgment may be entered against you.
JOHI~I.SQN, DUFFIE, STEWART & WEIDNER
Date: /~(
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
~effeFsdfn J. Shipman
Attorneys for Defendant
r
Johnson, Duffie, Stewart 8~ Weidner
By: Jefferson J. Shipman
I . D. No. 51785
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jjs@jdsw.com
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT, CHESTER L. MORN
NO. 10-5829 Civil Term
CIVIL ACTION -LAW
and DEPARTMENT OF JURY TRIAL DEMANDED
TRANSPORTATION OF THE :
COMMONWEALTH OF PENNSYLVANIA,
Defendants
ANSWER, NEW MATTER AND CROSS CLAIM OF
DEFENDANT CHESTER L. MORN TO PLAINTIFFS' COMPLAINT
AND NOW, comes the Defendant, Chester L. Mohn, by and through his counsel,
Johnson, Duffle, Stewart & Weidner, and Jefferson J. Shipman, Esquire, and files the
following Answer and New Matter in response to Plaintiff's Complaint by stating the
following:
1. Admitted upon information and belief.
Attorneys for Defendant'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2. Admitted.
3. Denied. After reasonable investigation, Mr. Mohn is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in
paragraph 3 and the same are therefore denied.
4. Admitted upon information and belief.
5. Admitted.
6. Admitted.
7. Admitted upon information and belief.
8. Denied. After reasonable investigation, Defendant Mohn is without
sufficient knowledge or information to form a belief as to the truth of the averments
contained in paragraph 8.
9. Denied. After reasonable investigation, Defendant Mohn is without
sufficient knowledge or information to form a belief as to the truth of the averments
contained in paragraph 9.
10. Denied. After reasonable investigation, Defendant Mohn is without
sufficient knowledge or information to form a belief as to the truth of the averments
contained in paragraph 10.
11. Denied. After reasonable investigation, Defendant Mohn is without
sufficient knowledge or information to form a belief as to the truth of the averments
contained in paragraph 11.
12. Denied. After reasonable investigation, Mr. Mohn is without sufficient
knowledge or information to form ~ belief as to the truth of the averments contained in
paragraph 12, and the same are therefore denied and strict proof is demanded at time
of trial.
13. Denied. After reasonable investigation, Mr. Mohn is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in
paragraph 13, and the same are therefore denied and strict proof is demanded at time
of trial.
14. Denied. After reasonable investigation, Mr. Mohn is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in
paragraph 14, and the same are therefore denied and strict proof is demanded at time
of trial.
15. Denied. After reasonable investigation, Mr. Mohn is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in
paragraph 15, and the same are therefore denied and strict proof is demanded at time
of trial.
16. Denied. After reasonable investigation, Mr. Mohn is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in
paragraph 16, and the same are therefore denied and strict proof is demanded at time
of trial.
17. Denied. After reasonable investigation, Mr. Mohn is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in
paragraph 17, and the same are therefore denied and strict proof is demanded at time
of trial.
18. Denied. After reasonable investigation, Mr. Mohn is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in
paragraph 18, and the same are therefore denied and strict proof is demanded at time
of trial.
19. Denied. The averments contained in paragraph 19 are conclusions of law
and fact to which no response is required. If a response is deemed to be required, the
averments contained therein are specifically denied.
20. Denied. The averments contained in paragraph 19 are conclusions of law
and fact to which no response is required. If a response is deemed to be required, the
averments contained therein are specifically denied.
COUNT I
TIM BENNETT v. KEITH A. SCOTT
21. Mr. Mohn incorporates herein by reference his answers 1 through 20, as if
fully set forth at length.
22. The averments contained in paragraph 22 are directed to another party
and, accordingly, a response is not required by Mr. Mohn.
WHEREFORE, Defendant, Chester L. Mohn, respectfully requests that judgment
be entered in his favor and the Plaintiffs' Complaint be dismissed with prejudice.
COUNT II
TIM BENNETT v. CHESTER L. MORN
23. Mr. Mohn incorporates herein by reference his answers to paragraphs 1
through 22 above, as if fully set forth herein at length.
24. Denied. The averments contained in accordance with subparagraphs (a)
and (b) are conclusions of law and fact to which no response is required. If a response
is deemed to be required, the averments contained therein are specifically denied.
(a) Denied. It is specifically denied that Mr. Mohn allowed the metal
mailbox pole to remain so near to an existing highway as to create an unreasonable risk
to others accidentally brought into contact with such condition while traveling with
reasonable care upon the highway or foreseeably deviating from the highway in the
ordinary course of travel; and
(b) Denied. it is specifically denied that Mr. Mohn failed to take
remedial actions with regard to the alleged dangerous condition. Also, it is specifically
denied that Mr. Mohn knew or should have known this to be dangerous.
WHEREFORE, Defendant Chester L. Mohn, respectfully requests that judgment
be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice.
COUNT III
TIM BENNETT v. DEPARTMENT OF TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA
25. Mr. Mohn incorporates herein by reference his answers to paragraphs 1
through 24 above, as if fully set forth herein at length.
26-29. The averments contained in paragraphs 26 through 29 are directed to
another party and accordingly, no response is required.
WHEREFORE, the Defendant Chester L. Mohn, respectfully requests that
judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with
prejudice.
COUNT IV
KARRA HOOVER v. KEITH A. SCOTT CHESTER L. MORN and DEPARTMENT OF
TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA
30. Mr. Mohn incorporates herein by reference his answers to paragraphs 1
through 29 above, as if fully set forth herein at length.
31-32. Denied, after reasonable investigation, Mr. Mohn is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in
paragraphs 31 and 32, and they are therefore deemed denied and strict proof is
demanded at the time of trial.
WHEREFORE, the Defendant Chester L. Mohn, respectfully requests that
judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with
prejudice.
NEW MATTER
33. That Plaintiffs' have failed to state a cause of action as to Mr. Mohn.
34. Mr. Mohn had no actual or constructive notice of a an allegedly dangerous
condition.
35. That Mr. Mohn owed no duty of care to the Plaintiff.
36. That Mr. Mohn did not breach any alleged duty of care to the Plaintiff.
37. That Mr. Mohn is not in any way negligent.
38. That if it should be found that Mr. Mohn was negligent, which is
specifically denied, then any such negligence was not a proximate cause nor a factual
cause of the happening of the motor vehicle accident nor any of the alleged injuries.
39. That the Plaintiffs' alleged cause of action may be barred in whole or in
part by the Pennsylvania Comparative Negligence Act.
40. That Plaintiffs' own comparative negligence was a factual cause of
accident and his alleged harm.
41. That the Plaintiffs' comparative negligence included the following:
(a) Failing to be attentive to the roadway and road conditions;
(b) Operating his motorcycle at a high rate of speed;
(c) Failing to maintain control of the motorcycle;
(d) Failing to take appropriate defensive actions in operating the
motorcycle.
42. That the Plaintiffs' alleged cause of action may have been caused by third
parties or entities not presently involved in this action.
43. That the pole in question was located in accordance with postal
regulations.
44. That the pole in question was not located on the property owned by Mr.
Mohn.
CROSSCLAIM AS TO
KEITH A. SCOTT and DEPARTMENT OF TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA
45. Mr. Mohn incorporates herein by reference his answers to paragraphs 1
through 40 of this Answer with New Matter herein by reference, as if fully set forth
herein at length.
46. The averments addressed to Keith A. Scott and Department of
Transportation of the Commonwealth of Pennsylvania as set forth in Plaintiffs'
Complaint, are incorporated herein by reference.
47. If it is determined that the Plaintiffs are entitled to any relief, which is
denied, then Keith A. Scott and Department of Transportation of the Commonwealth of
Pennsylvania are solely liable on the underlying cause of action.
48. If it is determined that the Plaintiffs are determined to any relief, which is
denied, then Keith A. Scott and Department of Transportation of the Commonwealth of
Pennsylvania are liable to or with the cross-claimant on any cause of action arising out
of the transaction or occurrence or series of transactions or occurrences upon which the
underlying cause of action is based, or are liable over to the answering Defendant for
contribution or indemnity, any liability on the part of the answering Defendant, being
hereby expressly denied.
WHEREFORE, the answering Defendant, Chester L. Mohn, respectfully requests
that judgment be entered against Keith A. Scott and the Department of Transportation
of the Commonwealth of Pennsylvania, alleging that they are solely liable to the
Plaintiffs, but should there be a finding of liability on the part of the answering
Defendant, which is expressly denied, then, in that event, Keith A. Scott and
Department of Transportation of the Commonwealth of Pennsylvania are liable to or
with the answering Defendant on any cause of action arising out of the transaction or
occurrence or series of transactions or occurrences upon which the underlying cause of
action is based, or are liable over to the answering Defendant for contribution or
indemnity, any liability on the part of the answering Defendant, being hereby expressly
denied.
Date: I l ~
:415727
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
~efff~~on J. Shiprhan
I.D. No. 51785
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
VERIFICATION
The undersigned verifies that the facts set forth in the foregoing document are true
and correct to the best of his knowledge, information and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to
authorities.
C,~ c~-
Chester L. Mohn
Dated: l D l a~~ ~ O
:415756
( ~
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Defendant, Chester L. Mohn's,
Answer and New Matter to Plaintiffs' Complaint has been duly served upon the following
counsel of record, by depositing the same in the United States Mail, postage prepaid, in
Lemoyne, Pennsylvania, on October ~, 2010:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Attorneys for Plaintiffs
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock
Guthrie & Skeel, L.L.P.
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Aftorneys for Defendant Keith A. Scott
Department of Transportation of the
Commonwealth of Pennsylvania
Harrisburg, PA 17120
JOHNSON, DUFFIE, STEWART & WEIDNER
~--
sy: ~
Michel E. Neff, Legal Sec ry to
Jefferson J. Shipman
415727
i~ Tf~~ fi~~~ ~~~ ~,m; ~F.,.
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
~f~DOCT26 ~9;t1~
CIIM~ERLAF~O CGUr~~';~`
PEN~~S YLV ~d; ~±
r-uwi~iCYS iii riaiiiuii
TIM BENNETT and KARRA HOOVER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA
Defendants
NO. 10-5829
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
PLAINTIFFS REPLY TO DEFENDANT, CHESTER L. MOHN'S NEW MATTER
AND NOW COME THE PLAINTIFFS, Tim Bennett and Karra Hoover, by and
through their attorney, SHOLLENBERGER AND JANUZZI, LLP, file their Reply to
Defendant, Chester L. Mohn's New Matter and, in support thereof, respectfully
represents the following:
32 a. Paragraphs 1 through 32 of the Plaintiff's Amended Complaint are incorporated
herein by reference as if set forth in full.
33. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
34. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
t
35. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
36. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
37. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
38. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
39. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
40. It is specifically denied that Plaintiffs' own comparative negligence was a factual
cause of the accident and his alleged harm.
41. It is specifically denied that the Plaintiff:
a) Failed to be attentive to the roadway and road conditions;
b) Operated his motorcycle at a high rate of speed;
c) Failed to maintain control of the motorcycle; and
d) Failed to take appropriate defensive actions in operating the motorcycle.
42. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
43. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
44. Admitted.
45. This averment is directed to a party other than the Plaintiff and, therefore,
requires no answers by them.
46. This averment is directed to a party other than the Plaintiff and, therefore,
requires no answers by them.
47. This averment is directed to a party other than the Plaintiff and, therefore,
requires no answers by them.
48. This averment is directed to a party other than the Plaintiff and, therefore,
requires no answers by them.
WHEREFORE, the Plaintiffs respectfully request that the Defendant's New
Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law.
Respectfully submitted,
Date: ~~-~-_ ~ ~ ~~~
l
SHOLLENBERGER & JANUZZI, LLP
Attorneys for Plaintiff
By.
Timoth A. Shollenberger, Esq.
Attorney I.D. #34343
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
for rlamtitt
TIM BENNETT and KARRA HOOVER, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 10-5829
KEITH A. SCOTT, CHESTER L. MORN
and DEPARTMENT OF CIVIL ACTION -LAW
TRANSPORTATION OF THE JURY TRIAL DEMANDED
COMMONWEALTH OF PENNSYLVANIA
Defendants
CERTIFICATE OF SERVICE
And now, this ~~~ay of ®~~ , 2010, I hereby certify that a copy of the foregoing
Plaintiffs' Reply to Defendant, Chester L. Mohrls New Matter has been served upon the
following, via U.S. Mail:
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Defendant, Chester L. Mohn
Kevin D. Rauch, Esquire
Summers; McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Sure 306
Mechanicsburg, PA 17050
Attorneys for Defendant Keith A. Scott
Daniel R. Goodemote, Esquire
State of Pennsylvania Attorney General
Civil Law Division Torts Litigation SEC
Strawberry Square 15~h Floor
Harrisburg, PA 17120
Attorneys for the Department of Transportation of the Commonwealth of Pennsylvania
SHOLLENBERGER & JANUZZI, LLP
By:
im A. holle erger, Esq.
A rney ID# 34343
6
Daniel R. Goodemote
Senior Deputy Attorney General
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Direct Dial: 717-783-3147
E-Mail: dgoodemote ~%attornev~eneraL
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT, CHESTER L. MOHN
And DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA,
Defendants
.,~,yrT~~,''Y
~`
t1d~9~`t`~~~f~~ C Ik;, ~.
~'~=~~~'S YE.~Y'~`~ ~rc1 i~rt . ~'
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
No. 10-5829 Civil Term
REPLY TO CROSSCLAIM AS TO KEITH A. SCOTT AND DEPARTMENT OF
TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA
Defendant, Commonwealth of Pennsylvania, Department of Transportation (PennDOT)
files this reply to the Crossclaim filed by Defendant, Chester L. Mohn:
45. Requires no answer.
46. Requires no answer.
47. Denied as a legal conclusion to which no responsive pleading is required.
48. Denied as a legal conclusion to which no responsive pleading is required.
WHEREFORE, PennDOT demands judgment in its favor and against all other parties.
Respectfully submitted,
Thomas W. Corbett, Jr.
Attorney General
gY; ...i~ +~ . 0 4? yc.m.
Daniel R. Goodemote
Senior Deputy Attorney General
Supreme Court No. 30986
VERIFICATION
The facts set forth in this Reply to Crossclaim as to Keith A. Scott and Department of
Transportation of the Commonwealth of Pennsylvania are true and correct to the best of my
knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S.
§4904 relating to unsworn falsifications to authorities.
aniel R.Goo emote
Dated: October 25, 2010
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document(s) upon the
person(s) and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Timothy a. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
(Attorney for Plaintiff)
(717) 728-3200
Kevin Rauch, Esquire
SUMMERS MCDONNELL ET AL
100 Sterling Pkwy Ste 306
Mechanicsburg, PA 17050
(Attorney for Keith A. Scott)
By:
D iel R. Goo emote
upreme Court No. 30986
Senior Deputy Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17.120
717-783-3147 -Direct Dial
DATED: October 25, 2010
r
FfiLED-QFFICE
OF THE PRIJTHONOTARY
20f0~+~`~~ -3 P~ I~ 47
€~U~~'t3E~L~^a«t~ COU1dT`
fJE~~!I~~YLVA~I~IA
Johnson, Duffie, Stewart 8~ Weidner
By: Jefferson J. Shipman
I.D. No. 51785
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jjs@jdsw.com
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA,
Defendants
NOTICE TO PLEAD
TO: Plaintiffs Tim Bennett and Karra Hoover AND
c/o Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
NO. 10-5829 Civil Term
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
Defendant Keith A. Scott
c/o Kevin D. Rauch, Esquire
Defendant Department of
Transportation of the
Commonwealth of Pennsylvania
YOU ARE REQUIRED to plead to the within Answer to Cross Claim within 20 days of
service hereof or a default judgment may be entered against you.
Date: November ~ ,.2010
JOH N, DUFFIE, STEWART & WEIDNER
w
Y~
J ffe on J. hipman
torneys for Defendant, Chester L. Mohn
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Johnson, Duffie, Stewart & Weidner
By: Jefferson J. Shipman
I . D. No. 51785
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jjs~jdsw.com
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT, CHESTER L. MORN
NO. 10-5829 Civil Term
CIVIL ACTION -LAW
and DEPARTMENT OF JURY TRIAL DEMANDED
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA,
Defendants
ANSWER OF DEFENDANT CHESTER L. MORN TO
CROSS CLAIM OF DEFENDANT KEITH A. SCOTT
AND NOW, comes the Defendant, Chester L. Mohn, by and through his counsel,
Johnson, Duffie, Stewart & Weidner, and Jefferson J. Shipman, Esquire, and files the
following Answer to Cross Claim of Keith A. Scott:
36. Mr. Mohn incorporates herein by reference his Answer and New Matter as
if fully set forth herein at length.
37. Mr. Mohn incorporates herein by reference his Answer and New Matter as
Attorneys for Defendant Chester L. Mohn
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
if fully set forth herein. at length.
38. Mr. Mohn incorporates herein by reference his Answer and New Matter as
if fully set forth herein at length.
39-41. The averments contained in paragraphs 39, 40 and 41 are conclusions of
law and fact to which no response is required. If a response is deemed to be required,
the averments contained herein are specifically denied.
WHEREFORE, Defendant, Chester L. Mohn, respectfully requests that judgment
be entered in his favor and that any and all claims being asserted against him be
dismissed with prejudice.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: ~~
:419344
~eff~son J. Shipman
I.D. No. 51785
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant,
Chester L. Mohn
VERIFICATION
The undersigned verifies that the facts set forth in the foregoing document are true
and correct to the best of his knowledge, information and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to
authorities.
C~a~Tt Ld1•i-
Chester L. Mohn
Dated: r ~ V `? Zd ~y
:415756
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Answer of Defendant, Chester L.
Mohn, to Cross Claim of Defendant Keith A. Scott has been duly served upon the
following counsel of record, by depositing the same in the United States Mail, postage
prepaid, in Lemoyne, Pennsylvania, on November ~. , 2010:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
(Attorneys for Plaintiffs)
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock
Guthrie & Skeel, L.L.P.
100 Sterling Parkway, Suite.306
Mechanicsburg, PA 17050
(Attorneys for Defendant Keith A. Scott)
Department of Transportation
Commonwealth of Pennsylvania
Keystone Building, 400 North Street
Harrisburg, PA 17120
(Co-Defendant)
JOHNSON, DUFFIE, STEWART & WEIDNER
,~_,,.,
By:
Miche E. Neff, Lega S etary to
Jefferson J. Shipman
419344
1;11.ED-
(.? e J _ r
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
NV'!2PitI:OF3
F-TNil-iSY L\';"" " 'I 1 Pt
r1uU1net's rvr naintm
TIM BENNETT and KARRA HOOVER,
Plaintiffs
V.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-5829
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS REPLY TO DEFENDANT, KEITH A. SCOTT'S NEW MATTER
AND NOW COME THE PLAINTIFFS, Tim Bennett and Karra Hoover, by and
through their attorney, SHOLLENBERGER AND JANUZZI, LLP, file their Reply to
Defendant, Keith A. Scott's New Matter and, in support thereof, respectfully represents
the following:
32 a. Paragraphs 1 through 32 of the Plaintiffs Amended Complaint are incorporated
herein by reference as if set forth in full.
33. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
34. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
35. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
NEW MATTER PURSUANT TO RULE 1031.1 DIRECTED TO CHESTER MOHN
36-41. Paragraphs 36 through 41 are directed to Defendant, Chester Mohn, and
therefore no response is required.
NEW MATTER PURSUANT TO RULE 1031.1 DIRECTED TO THE DEPARTMENT OF
TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA
42-47. Paragraphs 42 through 47 are directed to Defendant, Department of
Transportation of the Commonwealth of Pennsylvania, and therefore no response is
required.
WHEREFORE, the Plaintiffs respectfully request that the Defendant's New
Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law.
Respectfully submitted,
Date: NOV- g TV,/ ?(o
SHOLLENBERGER & JANUZZI, LLP
Attorneys for Plaintiff
B zZ7
///T~y Y. SKollghbA6, Esq. orney I.D. #34343
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
for Plaintiff
TIM BENNETT and KARRA HOOVER, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 10-5829
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF CIVIL ACTION -- LAW
TRANSPORTATION OF THE JURY TRIAL DEMANDED
COMMONWEALTH OF PENNSYLVANIA
Defendants
CERTIFICATE OF SERVICE
And now, thisTA day of NOV - , 2010, 1 hereby certify that a copy of the foregoing
Plaintiffs' Reply to Defendant, Keith A. Scott's New Matter has been served upon the following,
via U.S. Mail:
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043.0109
Attorneys for Defendant, Chester L. Mohn
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Attorneys for Defendant Keith A. Scott
Daniel R. Goodemote, Esquire
State of Pennsylvania Attorney General
Civil Law Division Torts Litigation SEC
Strawberry Square 1 dh Floor
Harrisburg, PA 17120
Attorneys for the Department of Transportation of the Commonwealth of Pennsylvania
SHOLL ERGER & JANUZZI, LLP
/ ?X 9441 1 Z IV
MA. Sho enberger, Esq.
'tifi
Attorney ID# 34343
Daniel R. Goodemote
Senior Deputy Attorney General
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Direct Dial: 717-783-3147
E-Mail: dgoodei-note'_attomey(,Yeneral.gt)v
l?1 €? 4i t
<,Jt'B,E i'?i E Elk:f'e it
At t.??/ ? `fk iE
PEI' E 1 y
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT, CHESTER L. MOHN
And DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
No. 10-5829 Civil Term
RESPONSE TO NEW MATTER PURSUANT TO
RULE 1031.1 DIRECTED TO THE DEPARMENT OF
TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA
42. Requires no answer.
43. Requires no answer.
44. Requires no answer.
45. For purposes of this paragraph, the allegations of Plaintiffs' Complaint are denied
generally.
46. Denied as a conclusion of law to which no responsive pleading is required.
47. Denied as a conclusion of law to which no responsive pleading is required.
¦ a
WHEREFORE, Defendant, Commonwealth of Pennsylvania, Department of
Transportation, respectfully requests this Honorable Court to enter judgment in its favor and
against all other parties.
Respectfully submitted,
THOMAS W. CORBETT
Attorney General
By:
Daniel R. Goodemote
Senior Deputy Attorney General
Supreme Court No. 30986
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document(s) upon the
person(s) and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Timothy a. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
(Attorney for Plaintiff)
(717) 728-3200
Kevin Rauch, Esquire
SUMMERS MCDONNELL ET AL
100 Sterling Pkwy Ste 306
Mechanicsburg, PA 17050
(Attorney for Keith A. Scott)
By:
D iel R. oo e
nior Deputy Attorney General
Supreme Court No. 30986
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-3147 - Direct Dial
DATED: November 15, 2010
r , 10
Daniel R. Goodemote
Senior Deputy Attorney General
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Direct Dial: 717-783-3147
E-Mail: d -,oodemote z,,attorneygenct-al.y
j.
OP Aif
f
r
2010 DEC -2 PM 1: 36
CUM'BERL NO COUNT`(
PENNS? VAN1A
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT, CHESTER L. MOHN
And DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
No. 10-5829 Civil Term
DEFENDANT. PENNDOT'S ANSWER AND NEW MATTER
This Answer and New Matter is filed by the Commonwealth of Pennsylvania,
Department of Transportation (PennDOT) in response to Plaintiff's Complaint:
1. Denied. After reasonable investigation. Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
2. Denied. After reasonable investigation. Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
3. Denied. After reasonable investigation. Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
4. Denied. After reasonable investigation, Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
t r ,
5. Denied. After reasonable investigation, Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
6. Admitted.
7. Admitted, based solely on information obtained from the police accident report.
8. Admitted, based solely on information obtained from the police accident report.
9. Admitted, based solely on information obtained from the police accident report,
as the information relates to Defendant Keith Scott.
10. Admitted, based solely on information obtained from the police accident report.
11. Admitted that Keith Scott was travelling east on SR 114/Lewisberry road and
attempted to make a turn into 599 Lewisberry Road. Admitted that the vehicles collided.
Admitted that Plaintiff fell on a metal mail box pole. These admissions are based solely on
information obtained from the police accident report. The remaining allegations of paragraph 11
are denied generally.
12. Denied. After reasonable investigation. Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
13. Denied. After reasonable investigation, Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
14. Denied. After reasonable investigation, Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
15. Denied. After reasonable investigation, Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
16. Denied. After reasonable investigation, Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
r ?
17. Denied. After reasonable investigation, Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
18. Denied. After reasonable investigation, Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
19. Denied. After reasonable investigation, Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
20. Denied as a conclusion of law.
COUNT I - TIM BENNETT vs. KEITH SCOTT
21 - 22. The averments of these paragraphs are directed to other parties, and,
accordingly, no response is required.
WHEREFORE, Defendant PennDOT demands judgment in its favor and against all other
parties.
COUNT 2 - TIM BENNETT vs. CHESTER MOHN
23 - 24. The averments of these paragraphs are directed to other parties, and,
accordingly, no response is required.
WHEREFORE, Defendant PennDOT demands judgment in its favor and against all other
parties.
COUNT 2 - TIM BENNETT vs. DEPARTMENT OF TRANSPORTATION OF
THE COMMONWEALTH OF PENNSYLVANIA
25. Requires no answer.
26. Admitted.
27. Denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil
Procedure.
28. Denied generally pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil
Procedure. Plaintiff allegations as to the risk of harm and foreseeability are also denied as legal
conclusions.
29. Denied as a conclusion of law.
WHEREFORE, Defendant PennDOT demands judgment in its favor and against all other
parties.
KARRA HOOVER vs. KEITH A. SCOTT, CHESTER L. MOHN, and
DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF
PENNSYLVANIA
30. Requires no answer.
31. Denied. After reasonable investigation, Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
32. Denied. After reasonable investigation, Defendant PennDOT does not have
sufficient knowledge or information to form a belief as to the truth of the averments.
WHEREFORE, Defendant PennDOT demands judgment in its favor and against all other
parties.
NEW MATTER
33. The present action is controlled by the provisions of 1 Pa. C.S. §2310 and Act No.
1980-142, set forth in 42 Pa. C.S. §§8501, et seq., which Acts are incorporated herein and pled
by reference. The Commonwealth Defendant asserts all the defenses contained therein.
34. There is no cause of action based upon a failure to inspect or improper inspection
in that sovereign immunity has not been waived for such claims.
35. The alleged dangerous condition(s) does not "derive, originate from, or have as its
source Commonwealth realty," and therefore, the Commonwealth Defendant is immune from
suit.
36. The Commonwealth Defendant did not have notice of the alleged dangerous
condition, or in the alternative, if said notice was received, it was not received in sufficient time
prior to the alleged accident for the Commonwealth Defendant to have corrected or to have
warned Plaintiff of such dangerous condition.
37. Should liability be found on the part of the Commonwealth Defendant, the
amounts and types of damages recoverable in the present action are limited and controlled by 42
Pa. C.S. §8528.
38. Defendant PennDOT had no notice of the allegedly dangerous condition prior to
the accident described in Plaintiffs' Complaint.
39. All affirmative defenses under Pa. R.C.P. §1030 are asserted and incorporated by
reference as if set forth herein at length.
40. If the accident occurred as alleged, then the condition complained of did not
create a reasonably foreseeable risk of the accident or the injuries.
RULE 1031.1 CROSSCLAIMS:
41. The factual averments of Plaintiffs' Complaint are incorporated by reference as if
fully set forth herein, without admission or adoption.
42. The liability of Defendant PennDOT is denied.
41. If the averments contained in Plaintiffs' Complaint are established, said
averments being denied as they relate to Defendant PennDOT, then the injuries and damages
complained of were caused solely by Defendants, Keith A. Scott and Chester L. Mohn.
42. Defendants, Keith A. Scott and Chester L. Mohn are joined herein to protect
PennDOT's right of indemnity and contribution, and PennDOT avers that the aforementioned
Defendants are alone liable to the Plaintiffs or in the alternative, that the aforementioned
Defendants are liable over to PennDOT or are jointly and severally liable on the Plaintiffs'
causes of action.
WHEREFORE, PennDOT demands judgment in its favor and against all other
parties.
Respectfully submitted,
Thomas W. Corbett, Jr.
Attorney General
By:
D niel R. oo e
enior Deputy Attorney General
Supreme Court No. 30986
VERIFICATION
The facts set forth in this Defendant PennDOT's Answer and New Matter are true
and correct to the best of my knowledge, information and belief This statement is made
subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to
authorities.
D niel R. Goo e
Dated: November 29, 2010
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document(s) upon the
person(s) and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Timothy a. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
(Attorney for Plaintiff)
(717) 728-3200
Kevin Rauch, Esquire
SUMMERS MCDONNELL ET AL
100 Sterling Pkwy Ste 306
Mechanicsburg, PA 17050
(Attorney for Keith A. Scott)
By:
D iel R. od of
nior Deputy Attorney General
Supreme Court No. 30986
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-3147 - Direct Dial
DATED: November 29, 2010
I ' t
Daniel R. Goodemote
Senior Deputy Attorney General
Office of Attorney General
Torts Litigation Section
15`h Floor, Strawberry Square
Harrisburg, PA 17120
Direct Dial: 717-783-3147
E-Mail: cl?,ac?ociemote etattorneygeneral.l ov
TIM BENNETT and KARRA HOOVER,
Plaintiffs
V.
KEITH A. SCOTT, CHESTER L. MOHN
And DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA,
Defendants
t7F'HE R0 T #DNCE
1010 DEC -2 ph 1: 35
CUMBERLAND cOUNTy
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
No. 10-5829 Civil Term
RESPONSE TO NEW MATTER PURSUANT TO
RULE 1031.1 DIRECTED TO THE DEPARMENT OF
TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA
42. Requires no answer.
43. Requires no answer. To the extent an answer is require, for purposes of this
paragraph, the allegations of Plaintiff's Complaint are denied generally.
44. Requires no answer.
45. Solely for purposes of responding to Defendant Scott's Cross Claim, the
allegations of Plaintiff's Complaint Directed to Department of Transportation of the
Commonwealth of Pennsylvania are denied generally.
46. Denied as a conclusion of law.
WHEREFORE, Defendant, Commonwealth of Pennsylvania, Department of
Transportation, respectfully requests this Honorable Court to enter judgment in its favor and
against all other parties.
Respectfully submitted,
THOMAS W. CORBETT
Attorney General
By:
niel R. Goodemo e
Senior Deputy Attorney General
Supreme Court No. 30986
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document(s) upon the
person(s) and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Timothy a. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
(Attorney for Plaintiff)
(717) 728-3200
Kevin Rauch, Esquire
SUMMERS MCDONNELL ET AL
100 Sterling Pkwy Ste 306
Mechanicsburg, PA 17050
(Attorney for Keith A. Scott)
I I/ / IQ?l
By: 4( -6
niel R. o0
Senior Deputy Attorney General
Supreme Court No. 30986
Torts Litigation Section
l5th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-3147 - Direct Dial
DATED: November 23, 2010
FILED-OFFICE
OF THE PROTHONOTARY
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
2010 DE C 29 Ali 0: 30
CUMBERLAND COUNTY
PENNSYLVANIA
Tor maintiTT
TIM BENNETT and KARRA HOOVER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA
Defendants
NO. 10-5829
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS REPLY TO DEFENDANT, PENNDOT'S ANSWER AND NEW MATTER
AND NOW COME THE PLAINTIFFS, Tim Bennett and Karra Hoover, by and
through their attorney, SHOLLENBERGER AND JANUZZI, LLP, file their Reply to
Defendant, Commonwealth of Pennsylvania, Department of Transportation (Penn
DOT)'s New Matter and, in support thereof, respectfully represents the following:
32 a. Paragraphs 1 through 32 of the Plaintiffs Complaint are incorporated herein by
reference as if set forth in full.
33. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
34. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
35. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
36. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
37. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
38. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
39. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
40. The above referenced averment is a conclusion of law to which no answer is
required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P.
1029(e).
RULE 1031.1 CROSSCLAIMS
41. Paragraphs 41 through 42 are directed to Defendants, Keith A. Scott and
Chester L. Mohn, and therefore no response is required.
WHEREFORE, the Plaintiffs respectfully request that the Defendant's New
Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law.
oata Det . A 20 Respectfully submitted,
Attorneys for Pla' tiff
By
JA i y .S II bE
Attorney I.D. #34343
SHOLLENBERGER & JANUZZI, LLP
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
tA1L01nev5 1U1 riainuii
TIM BENNETT and KARRA HOOVER, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 10-5829
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF CIVIL ACTION - LAW
TRANSPORTATION OF THE JURY TRIAL DEMANDED
COMMONWEALTH OF PENNSYLVANIA
Defendants
CERTIFICATE OF SERVICE
And now, this 23felday of &4Wd4 , 2010, 1 hereby certify that a copy of the foregoing
Plaintiffs' Reply to Defendant, PENNDOT's New Matter has been served upon the following, via
U.S. Mail:
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Defendant, Chester L. Mohn
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Attorneys for Defendant Keith A. Scott
Daniel R. Goodemote, Esquire
State of Pennsylvania Attorney General
Civil Law Division Torts Litigation SEC
Strawberry Square 15h Floor
Harrisburg, PA 17120
Attorneys for the Department of Transportation of the Commonwealth of Pennsylvania
SHOLLENBERGER & JANUZZI, LLP
By:
MWf S EA6
Attorney ID# 34343
FILED-OFFICE
OF THE PROTHONOTARY
2011 2: 30
CU'HIBE LA110 COUNT'
PLI,?;.=aSYL`1A??I ?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TIM BENNETT and KARRA HOOVER,
Plaintiffs,
V.
CIVIL DIVISION
NO. 10-5829
KEITH A. SCOTT, CHESTER L. MOHN,
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYVLANIA,
Defendants.
DEFENDANT, KEITH A. SCOTTS'
REPLY TO DEFENDANT, DEPARTMENT
OF TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIAS' NEW MATTER
PURSUANT TO RULE 1031.1
(Jury Trial Demanded)
Filed on Behalf of the Defendant, Keith A.
Scott
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
#17913
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
TIM BENNETT and KARRA HOOVER, CIVIL DIVISION
Plaintiffs,
V.
NO. 10-5829
KEITH A. SCOTT, CHESTER L. MOHN, (Jury Trial Demanded)
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYVLANIA,
Defendants.
DEFENDANT KEITH A. SCOTTS' REPLY TO DEFENDANT.-DEPARTMENT-OF
TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIAS' NEW
MATTER PURSUANT TO RULE 1031.1
AND NOW, comes the Defendant, Keith A. Scott, 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:
41. Paragraph 41 is an incorporation paragraph which no response is
required.
42. Paragraph 42 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.
43. Paragraph 43 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.
44. Paragraph 44 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, Keith A. Scott, respectfully requests this
Honorable Court enter judgment in his favor and against the Plaintiffs with costs and
prejudice imposed.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
By,
Kevin D. Rauc , Esquire
Counsel for Defendant,
Keith A. Scott
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT,
KEITH A. SCOTTS' REPLY TO DEFENDANT, DEPARTMENT OF
TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIAS' NEW
MATTER PURSUANT TO RULE 1031.1 has been mailed by U.S. Mail to counsel of
record via first class mail, postage pre-paid, this 3rd day of January 2011.
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
(Attorney for Plaintiffs)
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(Attorney for Co-Defendant, Chester L. Mohn)
Department of Transportation
Commonwealth of Pennsylvania
Keystone Building, 400 North Street
Harrisburg, PA 17120
(Co- Defendant)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
By: ,k
evin D. Rauch, squir
Counsel for Defendant,
Keith A. Scott
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
•rr
OF THE 1 PER® TO,°lo?o TA
hr
10[i4??! ,. 1
'2
CUs ,
TY
r '1
FILLUI IICYb IVI I-IC 111L11l
TIM BENNETT and KARRA HOOVER, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 10-5829
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF CIVIL ACTION - LAW
TRANSPORTATION OF THE JURY TRIAL DEMANDED
COMMONWEALTH OF PENNSYLVANIA
Defendants
CERTIFICATE OF SERVICE
And now, this 17day of 2011, 1 hereby certify that a copy of the foregoing
Plaintiffs' Response to Defendant ott's quest for Production of Documents has been served
upon the following, via U.S. Mail:
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Defendant, Chester L. Mohn
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Attorneys for Defendant Keith A. Scott
Daniel R. Goodemote, Esquire
State of Pennsylvania Attorney General
Civil Law Division Torts Litigation SEC
Strawberry Square 15h Floor
Harrisburg, PA 17120
Attorneys for the Department of Transportation of the Commonwealth of Pennsylvania
SHOLL BE GER & JANUZZI, LLP
,eN By:
T' n rger, s .
Attorney ID# 34343
A.'r;Y`k'atA."
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
FILED-OFFICE
OF THE PROTHONOTAR
2011
': 12
CUB°1= T`r
I1UU111ws 1U1 riairiuii
TIM BENNETT and KARRA HOOVER, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 10-5829
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF CIVIL ACTION - LAW
TRANSPORTATION OF THE JURY TRIAL DEMANDED
COMMONWEALTH OF PENNSYLVANIA
Defendants
CERTIFICATE OF SERVICE
And now, this! day of , 2011, 1 hereby certify that a copy of the foregoing
Plaintiffs' Answer to Defendant Sco s Inte ogatories has been served upon the following, via
U.S. Mail:
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Defendant, Chester L. Mohn
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Attorneys for Defendant Keith A. Scott
Daniel R. Goodemote, Esquire
State of Pennsylvania Attorney General
Civil Law Division Torts Litigation SEC
Strawberry Square 1gh Floor
Harrisburg, PA 17120
Attorneys for the Department of Transportation of the Commonwealth of Pennsylvania
SHOLLENBERGER & JANUZZI, LLP
By: 1Z vz?
Ti t nb r r sq.
A e 3 43
FILED-OFFICE
OF THE RROTf1ONOTARY
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
2Q!!J 1?9 ?' I2
1% TY
r
Tor rlaintiTT
TIM BENNETT and KARRA HOOVER, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 10-5829
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF CIVIL ACTION - LAW
TRANSPORTATION OF THE JURY TRIAL DEMANDED
COMMONWEALTH OF PENNSYLVANIA
Defendants
CERTIFICATE OF SERVICE
And now, this day of , 2011, 1 hereby certify that a copy of the foregoing
Plaintiffs' Answer to Defendant Mo 's Inte ogatories has been served upon the following, via
U.S. Mail:
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Defendant, Chester L. Mohn
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Attorneys for Defendant Keith A. Scott
Daniel R. Goodemote, Esquire
State of Pennsylvania Attorney General
Civil Law Division Torts Litigation SEC
Strawberry Square 15h Floor
Harrisburg, PA 17120
Attorneys for the Department of Transportation of the Commonwealth of Pennsylvania
SHOLL NBERG R & J NUZZI, LLP
By:
thy . Shol berger, sq.
ttorney ID# 34343
FILED-OFFICE
OF THE PRO T HONOTARY
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
2011,l1?i? 2: 12
Lr QTY
LLvrnevs rror riainun
TIM BENNETT and KARRA HOOVER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 10-5829
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF CIVIL ACTION - LAW
TRANSPORTATION OF THE JURY TRIAL DEMANDED
COMMONWEALTH OF PENNSYLVANIA
Defendants
CERTIFICATE OF SERVICE
And now, this I day of 2011, 1 hereby certify that a copy of the foregoing
Plaintiffs' Response to Defendant ohn's quest for Production of Documents has been
served upon the following, via U.S. Mail:
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Defendant, Chester L. Mohn
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Attorneys for Defendant Keith A. Scott
Daniel R. Goodemote, Esquire
State of Pennsylvania Attorney General
Civil Law Division Torts Litigation SEC
Strawberry Square 15t Floor
Harrisburg, PA 17120
Attorneys for the Department of Transportation of the Commonwealth of Pennsylvania
SHOLLF,.NBERGER & JANUZZI, LLP
By:
ey
I
SHOLLENBERGER & JANUZZI, LLP
I+ILE -0"V i '
10-
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21;!! FEB -7 PH 3.13-
CUMBERL ND
PENNSYL%"?A 1A
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
r%uu111Cyb 1U1 riainuii
TIM BENNETT and KARRA HOOVER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
KEITH A. SCOTT. CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF
PENNSYLVANIA
Defendants
NO. 10-5829
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE
I, Timothy A. Shollenberger, Esquire, do hereby swear and affirm that I served a
copy of a Complaint filed September 10, 2010, upon Kevin Rauch, Esquire, attorney for
Defendant, Keith A. Scott, who accepted service for same on September 23, 2010, as
evidenced by the Acceptance of Service, a copy of which is attached hereto as Exhibit
"Arr
SWORN TO AND SUBSCRIBED
before me this-'-?')fd day of
February, 2011.
47 1 "
4Nary Public
{NOTARIAL SEAL
4EfIICA?f ?a'pE?NHJELM
F--C!M?ftwo ~ Tm CUMERLANO COtINT1?
Ex0ir'Aug 27, 2014
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA
Defendants
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ACCEPTANCE OF SERVICE
I, Kevin Rauch, Esquire, accept service of Plaintiffs Complaint on behalf
of Defendant, Keith A. Scott.
In addition, I hereby certify that I am authori d to accept se
above documents on behalf of Keith A. Sco
Date Ke n R ch, Esquire
1 Sterling Parkway
Suite 106
Mechanicshura, PA 17050
ice of the
L-?-1
SHOLLENBERGER & JANUZZI, LLP
x,11 JUN 16 AF1 "UMBERLAIvig
oENNS Y0',a ?,q/',
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA
Defendants
NO. 10-5829
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I qffl
And now, this _ day of June, 2011, 1 hereby certify that a true and correct copy of the
Notice of Deposition of Chester L. Mohn has been served upon the following via U.S. Mail,
postage prepaid, addressed to:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie and Skeel, P.C.
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Daniel R. Goodemote
Office of the Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
SHOLLENBE G & JANUZZI, LLP
By:
i th . Sho berge
SHOLLENBERGER & JANUZZI, P
jC!.-
.' iol'JUN16
Alf !!: ? 1
UtISERL
PN?cAy. , ?U F
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA
Defendants
NO. 10-5829
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
And now, this K day of June, 2011, 1 hereby certify that a true and correct copy of the
Notice of Deposition of Keith A. Scott has been served upon the following via U.S. Mail,
postage prepaid, addressed to:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie and Skeel, P.C.
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Daniel R. Goodemote
Office of the Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
r_
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA
Defendants
NO. 10-5829
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
And now, this LOday of October, 2011, 1 hereby certify that a true and correct copy of
the Notice of Deposition of Keith A. Scott has been served upon the following via U.S. Mail,
postage prepaid, addressed to:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie and Skeel, P.C.
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Daniel R. Goodemote
Office of the Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
BERGER & JANUZZI, LLP
By:
AVam Wolfe, Esq. for
Timothy A. Shollenberger
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SHOLLENBERGER & JANUZZI
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2225 Millennium Way -?+
Enola, Pennsylvania 17025 X>° -v s°
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Telephone Number: (717) 728-3200 zc a )
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Fax Number: (717) 728-3400 s' `•'•'
Attorneys for Plaintiff r cn
TIM BENNETT and KARRA HOOVER.
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF
TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA
Defendants
NO. 10-5829
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
And now, this' ? day of November, 2011, 1 hereby certify that a true and correct copy
of the Notice of Deposition of Kyle Ensminger has been served upon the following via U.S.
Mail, postage prepaid, addressed to:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie and Skeel, P.C.
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Daniel R. Goodemote
Office of the Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Kyle Ensminger
50 Peach Orchard Road
Middleburg, PA 17842
SHOLLP4BERGER & JANUZZI, LLP
By:
01 r
01F THE PROTI~IONOTAR`
SHOLLENBERGER & JANUZZI, LLP 21713 AUG 22 PH 1: 13
2225 Millennium Way CUMBERLAPM CO 4TY
Enola, PA 17025 PENNSYLVANIA
Telephone Number: (717) 728-3200
Fax.Number: (717) 728-3400
Attorne s for Plaintiff
TIM BENNETT and KARRA HOOVER, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 1�0-5829
KEITH A. SCOTT, CHESTER L. MOHN
and DEPARTMENT OF CIVILACTION — LAW
TRANSPORTATION OF THE. JURY TRIAL DEMANDED
COMMONWEALTH OF PENNSYLVANIA
Defendants
CERTIFICATE OF'SERVICE
And now, this ay of 2013,1 hereby certify that a copy of the foregoing
Plaintiffs'Answer to Defendant Scott11'emental Interro atories have been served upon the
9 P
following, via U.S. Mail:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock,-Guthrie & Skeel, P.C.
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 1,7050
Attorneys for Defendant Keith A. Scott
Daniel R. Goodemote, Esquire
Commonwealth of Pennsylvania
Office of Attorney General
Torts Litigation Section
Strawberry Square 15th Floor
Harrisburg, PA 17120
Attorneys for the.Department of Transportation of the Commonwealth of Pennsylvania
John A. Statler, Esquire
Johnson, Duffie, Stewart&Weidner
P.O. Box 109
Lemoyne, PA 17043=0109
Attorneys for Defendant, Chester L. Mohn
SHOLLE ERGER & JANUZZI, LLP
Ti by A. Shollenberger, Esq.
Attorney ID#34343
1-'f= t7)THONG IAk
2DR FEB 25 lO: 314
Johnson, Duffie, Stewart&Weidner
By: John A. Statler, Esquire CTIBERLAND COUNTY
I.D. No. 43812 Aforr6ejzsYo ', i ;idant
301 Market Street Chester L. Mohn
P. 0. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jas @jdsw.corn
TIM BENNETT and KARRA HOOVER, : IN THE COURT OF COMMON PLEAS OF
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
v. • CIVIL ACTION — LAW
KEITH A. SCOTT and CHESTER L. • NO. 10-5829 Civil Term
MOHN,
Defendants
JURY OF 12 PERSONS DEMANDED
DEFENDANT, CHESTER MOHN'S MOTION FOR SUMMARY JUDGMENT
AND NOW, comes Defendant Chester L. Mohn, by and through his counsel, Johnson,
Duffie, Stewart and Weidner, P.C., who files this Motion for Summary Judgment as follows:
I. PROCEDURAL HISTORY
1. This matter stems from a two-vehicle accident that occurred on November 7,
2008, at around 12:41 p.m. near 599 Lewisberry Road in New Cumberland, York County,
Pennsylvania.
2. At that time, Defendant Keith A. Scott turned left from Lewisberry Road/Route
114 East towards the parking lot of the Fairview Township Municipal Building, directly into the
path of motorcycle operated by Plaintiff Tim Bennett on Lewisberry Road/114 West.
3. Plaintiff Bennett's motorcycle struck Defendant Scott's car near the center of the
roadway, throwing Plaintiff Bennett's body, which then allegedly came into contact with a
mailbox pole owned by Defendant Mohn.
4. The pole stood across from Mohn's residence at 600 Lewisberry Road, and was
no longer being used to support a mailbox.
5. Plaintiffs filed a Complaint sounding in negligence against the Defendants' and
alleging physical injuries to Plaintiff Bennett (including, but not limited to spinal and clavicular
fractures, neuropathy, and right shoulder tendinitis), and a loss of consortium to Plaintiff Hoover.
6. With respect to Defendant Mohn, the Complaint alleges that he caused Plaintiff
Bennett physical injury by:
Allowing the metal mailbox pole to remain so near an existing highway as to
create an unreasonable risk to others accidentally brought into contact with such
condition while traveling with reasonable care upon the highway or foreseeably
deviating from the highway in the ordinary course of travel; and . . . [f]ailing to take
remedial actions with regard to the dangerous condition which was known or
should have been known to be dangerous.
(Complaint, ¶ 24).
7. Defendant Mohn files this Motion for Summary Judgment and on the grounds
that Plaintiffs cannot establish Defendant Mohn had a recognizable legal duty to Plaintiff
Bennett to move his mailbox pole, that Mohn breached any duty, or that Defendant Mohn's
actions were the cause of the accident or alleged injuries.
8. Because Plaintiffs cannot establish a recognizable duty, breach of duty, and/or
that Defendant Mohn's actions were the cause of the alleged accident or injuries, Defendant
Mohn is entitled to judgment as a matter of law, and this Court should grant his Motion for
Summary Judgment.
9. No judge has ruled upon any other issue in this matter.
1 PennDot was originally named as a defendant, but has since been dismissed from the case, with
prejudice, by joint stipulation of the parties.
II. STATEMENT OF FACTS
9. At his deposition, Plaintiff testified that he was an experienced rider and was
familiar with the area where the accident occurred. (Exhibit A, pp. 29-30, 31, 32, 54-54).
10. His headlight was illuminated and visibility was clear. (Plaintiff Dep., attached as
Exhibit A, at pp. 28-29, 30, 31-32, 52, 58).
11. He was approaching the municipal building at about 35-40 mph, when Defendant
Scott turned directly into his path from the opposing lane. (Exhibit A, pp. 32-33, 36, 61).
12. The impact between the vehicles caused Plaintiff to fly from his motorcycle and
over Scott's car, land on the road, bounce into the air and roll, and then hit a four-foot red metal
pole, which was "a couple of feet off the side of the road." (Exhibit A, pp. 32-33, 34, 61, 62-63).
13. Plaintiff testified that his body travelled "a noticeable distance" after the point of
impact in the middle of the road to its resting spot in the grass. (Exhibit A, p. 63).
14. Plaintiff's friend Kyle Ensminger was following Plaintiff on his own motorcycle
and witnessed the accident. (Exhibit A, p. 31).
15. Mr. Ensminger attested that he and the Plaintiff were traveling at around 30-35
mph as they approached the municipal building. (See Ensminger Dep., attached as Exhibit B,
at pp. 12, 24, 32, 35, 40).
16. Mr. Ensminger first noticed Defendant Smith's approaching vehicle from about 15
yards away, as the motorcycles entered a slight incline in the roadway. (Exhibit B, pp. 13, 15).
17. Mr. Smith "made a quick turn," without a signal, and "cut into the parking lot for
the municipal building." (Exhibit B, pp. 11, 15, 17, 21, 36, 44, 45).
18. According to Mr. Ensminger, Defendant Smith started to turn after the
motorcycles came into what should have been within his range of vision, and there is nothing
that should have prevented him from seeing the riders. (Exhibit B, pp. 22, 45).
19. Mr. Ensminger testified that the impact between the vehicles caused Plaintiff to
fly from his bike and roll over the car, then fly back-first and strike a pole, which he estimated to
have been "a good twenty feet" beyond the point of initial impact. (Exhibit B, pp. 19, 42).
20. At his deposition, Defendant Scott testified that he had worked at the Fairview
Township Municipal Building from late 1972 through the date of the accident, and had turned left
towards the parking lot hundreds, if not thousands of times before the collision. (Scott Dep.,
attached as Exhibit C, pp. 10-12).
21. He was not aware of any prior accidents involving Defendant Mohn's mailbox
pole. (Exhibit C, pp. 23, p. 37).
22. He recalled that the pole had been standing along the right side of Lewistown
Road/114 West "for a long time," and advised that Defendant Mohn's mailbox used to be on the
pole before it was moved to the opposite side of the roadway. (Exhibit C, p. 23).
23. Defendant Scott did not see Plaintiff Bennett until Bennett was going across the
hood of his car after Scott began to turn left towards the parking lot. (Exhibit C, pp. 18-20).
24. A day or two after the accident Defendant Scott pulled the pole from the ground,
which "wasn't hard at all." (Exhibit C, pp. 25-26, 28).
25. Officer Gary Ross of the Fairview Township Police Department investigated the
accident, but testified that he never saw the pole at issue and did not know where it stood at the
time of the collision. (Ross Dep., attached as Exhibit D, at pp. 9, 16, 18; pp. 22-23).
26. Officer Ross testified that for drivers turning left into the parking lot, "a little dip in
the road creates a blind spot for a split second." (Exhibit D, pp. 24, 32-34, 49-50).
27. The speed limit on Lewisberry Road is 35 miles per hour. (Exhibit D, p. 38).
28. Officer Ross was unaware of any complaints to the Township about the pole or
any prior accidents involving it. (Exhibit D, pp. 46-49).
29. At all times material to this matter, Defendant Mohn resided at 600 Lewisberry
Road, on the opposite side of the roadway were the collision occurred. (See Mohn Dep.,
attached as Exhibit E, at p. 3).
30. When he moved into his home in October 1977, there was an existing mailbox
for the residence on a pole in the same spot as the pole at issue. (Exhibit E, pp. 6, 11-12, 16).
31. The pole had been involved in one prior accident, when an out-of-control
westbound pickup truck rolled and struck it sometime in the 1970s. (Exhibit E, pp. 13-14).
32. Defendant Mohn and his sons erected the red mailbox pole across the road from
his residence on the property of Fairview Township, about 15 years before his deposition of
August 31, 2011. (Exhibit E, pp. 11, 16, 18).
33. They "dug a hole, drove [the pole] into the ground a few inches, then put more
dirt around it." (Exhibit E, p. 11).
34. He acknowledged that he moved his mailbox to the opposite side of the road at
least six months before the accident, but left the pole standing. (Exhibit E, p. 12).
35. Plaintiffs have produced photographs and measurements taken by Plaintiff's
investigator(s) after the accident of the pole at issue and the site where the accident occurred,
and other photographs of Lewisberry Road and the accident site have been exchanged by the
parties in discovery. (See Photographs, attached as Exhibit F).
36. Photos of Lewisberry Road show that the Plaintiff and Mr. Ensminger would have
been traveling generally uphill as they approached the accident site. (Exhibit F, pp. 1-3).
37. From Defendant Scott's perspective, the Plaintiff and Mr. Ensminger would have
been approaching from around a curve and downhill from his car. (Exhibit F, pp. 4-6).
38. Plaintiff's investigator(s) took photographs of Mr. Mohn's red mailbox pole next to
a wooden stake. (Exhibit F, p. 7).
39. The investigator(s) took photographs of the wooden stake standing in a hole
found across from Mr. Mohn's property where the mailbox pole allegedly stood at the time of the
accident. (Exhibit F, pp. 8-11).
40. According to the investigation photographs, the hole in which the mailbox pole
allegedly stood appears to be about two inches in diameter. (Exhibit F, pp. 12-15).
41. According to the measurements of Plaintiff's investigator(s), the hole was 14 feet
and 7% inches from the middle of the double yellow line, 3 feet and 101/2 inches from the fog
line, 2 feet and '/2 inch from the edge of the paved roadway, and 25 feet from the edge of the
township driveway. (Exhibit F, pp. 16-19; and see Measurements, attached as Exhibit G).
42. Medical records of Plaintiff Bennett have been exchanged in discovery.
43. The Plaintiffs, however, have not produced an expert opinion that any of Plaintiff
Bennett's alleged injuries were caused by the mailbox pole as opposed to the impact between
his body and Defendant Scott's car and/or the roadway.
III. ISSUES PRESENTED
A. SHOULD THIS COURT GRANT DEFENDANT MOHN'S MOTION FOR
SUMMARY JUDGMENT WHERE PLAINTIFFS CANNOT ESTABLISH THAT
DEFENDANT MOHN OWED PLAINTIFF BENNETT A DUTY OF CARE?
Suggested Answer: Yes. This Court should grant Defendant Mohn's Motion for
Summary Judgment because Plaintiffs cannot establish that Defendant Mohn
owed Plaintiff Bennett a duty of care, and therefore Defendant Mohn is entitled to
judgment in his favor as a matter of law.
B. SHOULD THIS COURT GRANT DEFENDANT MOHN'S MOTION FOR
SUMMARY JUDGMENT WHERE PLAINTIFFS CANNOT ESTALBLISH THAT
DEFENDANT MOHN BREACHED THE DUTY OF CARE OWED TO PLAINTIFF
BENNETT?
Suggested Answer: Yes. This Court should grant Defendant Mohn's Motion for
Summary Judgment because Plaintiffs cannot establish that Defendant Mohn
breached the duty of care owed Plaintiff Bennett, and therefore Defendant Mohn
is entitled to judgment in his favor as a matter of law.
C. SHOULD THIS COURT GRANT DEFENDANT MOHN'S MOTION FOR
SUMMARY JUDGMENT WHERE PLAINTIFFS CANNOT ESTABLISH THAT
DEFENDANT MOHN'S FAILURE TO MOVE HIS MAILBOX POLE WAS A
PROXIMATE CAUSE OF THE ACCIDENT OR PLAINTIFF BENNETT'S
ALLEGED INJURIES?
Suggested Answer: Yes. This Court should grant Defendant Mohn's Motion for
Summary Judgment because Plaintiffs cannot establish that Defendant Mohn's
actions were the proximate cause of the accident or Plaintiff Bennett's alleged
injuries, and therefore Defendant Mohn is entitled to judgment in his favor as a
matter of law.
IV. ARGUMENT
44. Pa. R.C.P. 1035.2 governs motions for summary judgment and states in relevant
part:
[A]ny party may move for summary judgment in whole or in part as a matter of law:
1. whenever there is no genuine issue of any material fact as to a necessary
element of the cause of action or defense which could be established by
additional discovery or expert report, or
2. if, after the completion of discovery relevant to the motion, including the
production of expert reports, an adverse party who will bear the burden of
proof at trial has failed to produce evidence of facts essential to the cause of
action or defense which in a jury trial would require the issues to be
submitted to a jury.
Pa. R.C.P. 1035.2.
45. The rule's purpose ". . . is to eliminate [issues] prior to trial where a party cannot
make out a claim or defense after relevant discovery has been completed." Pa. R.C.P. 1035.2
(1996) (Explanatory Comment).
46. The moving party has the burden to demonstrate that there is no genuine issue
of material fact, and the court must view the evidence in a manner most favorable to the non-
moving party, including all reasonably drawn inferences. Graf v. State Farm Ins. Co., 507 A.2d
414 (1986).
47. "Elements necessary to state a cause of action in negligence are a duty on the
defendant's part to conform to a certain standard of conduct relative to the plaintiff; defendant's
failure to so conform; and a reasonably close causal connection between the defendant's
conduct and some resulting injury to the plaintiff." Caldwell v. Cmwlth, 548 A.2d 1284, 1285
(Pa. Cmwlth. 1988), citing Cummins v. Firestone Tire & Rubber Co., 495 A.2d 963 (Pa. Super.
1985).
48. "Although questions of negligence and causation are generally for the jury, the
question of the sufficiency of the evidence prior to presenting an issue to the jury is clearly
within the trial judge's discretion." Caldwell v. Cmwlth., 548 A.2d at 1286, citing, Farnese v.
Southeastern Pa. Transp. Auth., 487 A.2d 887 (Pa. Super. 1985).
49. "Where insufficient evidence exists to justify an inference of negligence and
causation, the trial court may properly grant judgment in favor of the party against whom liability
is sought." Id.
A. THIS COURT SHOULD GRANT DEFENDANT MOHN'S MOTION FOR
SUMMARY JUDGMENT BECAUSE DEFENDANT MOHN HAD NO
LEGALLY RECOGNIZED DUTY OF CARE TOWARDS DEFENDANT.
50. A defendant only has a duty to protect another from a reasonably foreseeable
risk of harm. Zanine v. Gallagher, 497 A.2d 1332, 1334 (Pa. Super. 1985).
51. It is uncontested that when the pole was erected, it was done so for use with a
mailbox, and that a pole had been used in that manner in the same spot for 30 plus years prior
to the subject accident. (Exhibit C, pp. 10, 23; Exhibit E, pp. 6, 11-12, 16).
52. Plaintiff's investigator(s) measured the hole in which the pole at issue allegedly
stood as being 3 feet and 10% inches from the fog line and 2 feet 1/2 inch from the edge of the
paved roadway, which is close enough to be accessed by postal vehicles.
53. The evidence also shows that pole was fairly small in diameter; Plaintiff's
investigator(s) measured the diameter of the hole in which the pole stood to be about 2 inches,
which suggests that the mailbox pole was likewise about 2 inches diameter.
54. Further, the evidence shows that the pole was removable; Defendant Smith
testified that he easily pulled the pole out of the ground after the accident. (Exhibit C, p. 28).
55. Defendant Smith, who worked in the township building since 1972, and Officer
Ross testified that they was not aware of any prior accidents involving the mailbox pole. (Exhibit
C, pp. 23, p. 37; Exhibit D, pp. 48-49).
56. Defendant Mohn acknowledged that there was only one previous accident
involving the pole, which occurred in the 1970s when an out-of-control pickup truck rolled into it.
(Exhibit E, p. 14).
57. Plaintiffs' investigator(s) measured the pole as being 25 feet from the edge of the
township driveway, suggesting that Plaintiff traveled more than 25 feet from the point of impact
with Defendant Smith's car to the pole. (Exhibit G).
58. Considering the evidence in this matter regarding the location and dimensions of
the pole, the length of time it stood without incident and the manner in which the accident
occurred, there is no support for the proposition that failing to move the mailbox pole created a
reasonably foreseeable risk of harm to motorists.
59. Because it was not reasonably foreseeable that the pole posed a risk to
motorists, Defendant Mohn had no duty to Plaintiff to move his mailbox pole, and this Court
should thus grant Defendant Mohn's Motion for Summary Judgment. Id.; Caldwell v. Cmwlth.,
548 A.2d at 1286, and see Young v. U.S., et al., 2002 U.S. Dist. Lexis 19804 (Eastern District)
(holding that postal regulations required roadside mailboxes to be accessible from postal
vehicles, and that the homeowner defendants had no general duty of care to the plaintiffs
because there was no evidence of prior accidents involving the mailbox in the 55 years in which
it stood).
B. ALTERNATIVELY, THIS COURT SHOULD GRANT DEFENDANT
MOHN'S MOTION FOR SUMMARY JUDGMENT BECAUSE
DEFENDANT MOHN DID NOT BREACH THE DUTY OF CARE HE
OWED TO PLAINTIFF.
60. If this Court does find that Defendant Mohn owed some duty to Plaintiff Bennett,
Defendant Mohn respectfully suggests that such duty be characterized as something akin to
that set forth in the cases involving accidents between motorists and utility poles. See Novak v.
Kilby, et al., 647 A.2d 687 (Pa. Cmwlth. 1994) (holding that "the utility has a duty to avoid
placing its poles in such a location as to cause an unreasonable and unnecessary risk to
travelers on the roadway . . . ."), citing Nelson v. Duquesne Light Co., 12 A.2d 299 (Pa. 1940),
Scheel v. Tremblay, 312 A.2d 45 (Pa. Super. 1973), and Caldwell v. Cmwlth., 548 A.2d 1284.
61. In the Novak case, the court affirmed the trial court's grant of summary
judgment to the defendant utility company, holding that where the pole at issue had ". . . existed
without incident for nearly 50 years and the pole's location did not contribute to [the plaintiff]
losing control of the car and leaving the roadway, it cannot be said that the placement of the
pole breached the [defendant's] duty to [the plaintiff] as a traveler on the road." Novak, 647
A.2d 687, 691.
62. Similarly, in the case at issue here, the mailbox pole existed without any injury-
producing accident for 30 plus years, and the pole's location did not contribute to the Plaintiff
losing control of his motorcycle and leaving the roadway.
63. Therefore, Defendant Mohn did not breach any duty to the Plaintiff as a traveler
on the roadway, and this Court should grant this Motion for Summary Judgment. Id.
C. ALTERNATIVELY, THIS COURT SHOULD GRANT DEFENDANT
MOHN'S MOTION FOR SUMMARY JUDGMENT BECAUSE PLAINTIFF
CANNOT ESTABLISH THAT MOHN'S ACTIONS WERE A PROXIMATE
CAUSE OF HIS ALLEGED INJURIES.
64. Should this Court hold that Defendant Mohn breached a duty of care to Plaintiff
Bennett in erecting or failing to remove the mailbox pole, this Court should nevertheless grant
Defendant Mohn's Motion for Summary Judgment because the Plaintiffs cannot establish that
Defendant Mohn's breach was the cause of the accident or the injuries alleged.
65. A defendant may only be held liable for those injuries sustained by a plaintiff". . .
which resulted from a risk or hazard the foreseeability of which rendered [the defendant's]
conduct negligent." Caldwell v. Cmwlth., 548 A.2d at 1285, citing, Metts v. Griglak, 264 A.2d
684 (Pa. 1970).
66. A defendant's conduct is not the legal cause of a plaintiff's injuries if it appears
"highly extraordinary . . . that the conduct should have brought about the harm." Caldwell v.
Cmwlth., 548 A.2d at 1286, citing Brown v. Tinneny, 421 A.2d 839 (Pa. Super. 1980); in accord,
Restat 2d of Torts, § 435; Novak, 647 A.2d at 691.
67. "An act of negligence which creates merely a passive background or
circumstance of an accident does not give rise to a right of recovery if the accident was in fact
caused by an intervening act of negligence which is a superseding cause." Kite v. Jones, 132
A.2d 683, 687 (Pa. 1957).
68. Furthermore, a plaintiff must prove that a defendant's negligent conduct was a
substantial contributing factor in causing the alleged injuries, and "[i]t is not enough that a
negligent act may be viewed, in retrospect, to have been one of the happenings in the series of
events leading up to an injury." Polett v. Public Communs., Inc., 2013 Pa. Super. LEXIS 4564,
9-10 (Pa. Super. 2013) (internal citation omitted).
69. In this matter, the accident was clearly caused by Defendant Scott, who made a
left turn directly into the path of Plaintiff's oncoming motorcycle.
70. There is no allegation or evidence that the mailbox pole contributed to the
accident in any way.
71. On the other hand, the testimony does show that the impact of the collision
caused Plaintiff Bennett to fly from his motorcycle, bounce from the road surface, and then fly
into Defendant Mohn's 2-inch-diameter mailbox pole, which was more than 25 feet from the
point of initial impact.
72. Defendant Mohn could not have reasonably foreseen that a motorist in a car on a
clear sunny day would turn directly into the path of an oncoming motorcyclist, causing an impact
that would throw the rider to the roadway where he would bounce over 20 feet into the pole that
had stood without such incident for more than 30 years.
73. There is also no medical evidence to suggest that the impact between Plaintiff
Bennett and the mailbox pole, rather than the Plaintiff's 30-plus mph collision with Defendant
Scott's car and the pavement, caused the alleged injuries.
74. The causal connection between the location of the pole and the Plaintiff's injuries
is too remote for liability to attach, and therefore Defendant Mohn's erection of or failure to move
the mailbox pole cannot be considered the proximate cause of Plaintiff's injuries. Caldwell v.
Cmwlth., 548 A.2d at 1286; Novak, 647 A.2d at 691; Kite v. Jones, 132 A.2d 683.
75. Further, Plaintiff Bennett has not presented medical evidence to establish that
the pole, rather than Defendant Scott's car or the roadway, caused his alleged injuries. See Pio
v. Letavec, 439 A.2d 818, 820 (Pa. Super. 1982) (holding that the plaintiff in a wrongful death
action had not met his burden of proof against the driver of a second vehicle that struck him
where there was no evidence that the decedent was alive when struck by the second vehicle).
76. This Court should therefore grant Defendant Mohn's Motion for Summary
Judgment.
Wherefore, Defendant Chester L. Mohn respectfully requests this Honorable Court grant
his Motion for Summary Judgment, and dismiss the Plaintiffs' claims against him, with prejudice.
JOH DUFFIE, STEWART &WEIDNER
By:
John A. Statler, Esq e
Attorney I.D. No. 43812
Matthew Ridley, Esquire
Attorney I.D. No. 204265
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
�l Attorneys for Defendant Chester L. Mohn
DATE: February 2 1 , 2014
586000
22740-2637
EXHIBIT A
Multi-Page"` TIMOTHY BENNETT
AUGUST 31, 2011
Page 26 Page 28
1 A No. 1 Q Why couldn't you stop yourself?
2 Q Have you ever filed a claim for disability 2 A I don't know if I fell too hard or if I just
3 benefits under any sort of insurance policy? 3 couldn't stop myself with the left arm. I am not sure.
4 A Yes, I think so. 4 MR.SHOLLENBERGER:We're not claiming that the
5 Q Okay. When was that? 5 nose is related to the accident.
6 A After the wreck, I had paid in for short-term 6 BY MR.SAUL:
7 disability. 7 Q Okay. In relation to the November 2008 accident,
8 Q That was after the November 2008 accident? 8 do you recall if you gave any statements to any insurance
9 A Yes. 9 companies?
10 Q Was that granted? 10 A I think I may have.
11 A Yes. I got disability for a couple months. 11 Q Do you know what insurance company that may have
12 Q Okay. Do you know what condition they gave you 12 been?
13 disability for? 13 A No.
14 A For the motorcycle wreck. 14 Q Do you know if that statement was written down on
15 Q But what physical condition? Was it for a 15 or recorded?
16 specific injury or was it just-- 16 A It might have been your client's. I am not sure.
17 A Yes, for all,the collar bone,the clavicle and I 17 Q Okay. So might have been State Farm?
18 guess the other injuries too. 18 A Yes.
19 Q Do you know how much money you recovered under 19 Q Do you recall what date or day of the week the
20 that? 20 accident occurred?
21 A No idea. It wasn't enough. 21 A Friday.
22 Q Why do you say that? 22 Q What time of day was it?
23 A I am--just because it was less than the 23 A Afternoon,middle of the day sometime.
24 paycheck, so it's not what I was used to living on. 24 Q I have this accident occurring on November 7th.
25 Q Okay. Other than this lawsuit,have you been 25 Does that sound correct to you?
Page 27 Page 29
1 involved in any other lawsuits? 1 A (Witness nodding)
2 A No. 2 MR.SHOLLENBERGER:Verbal.
3 Q Have you ever been called to testify in any 3 THE WITNESS: Yes.
4 lawsuits as a witness? 4 BY MR. SAUL:
5 A No. 5 Q What were the lighting conditions like at the time
6 Q Since November 2, 2008,have you suffered any 6 the accident occurred?
7 injuries? 7 A Sunny.
8 A Yes. 8 Q Was the roadway dry?
9 Q Could you describe that for me? 9 A Yes.
10 A Yes. I tripped,fell down and smacked my nose and 10 Q Any leaves or anything on the road?
11 broke it on the baby's crib. 11 A Not that I could see.
12 Q When was that? 12 Q So the roadway was clear as well then?
13 A Probably like a year ago. 13 A Yes.
14 Q What caused to you fall? 14 Q What was the name of the street that you were
15 A Tangled up in some jeans on the floor. 15 traveling on where the accident occurred?
16 Q As you were falling,you just happened to fall in 16 A Lewisberry Road.
17 the wrong spot and you popped your nose off the crib? 17 Q How many lanes are on Lewisberry Road?
18 A Yes. I fell on the left side of me and broke the 18 A One lane going each way.
19 left side of my nose. So.... 19 Q What way or what direction were you traveling in?
20 Q You say you fell on your left side? 20 A I think west.
21 A Yes. 21 Q And what direction was the car that was involved
22 Q Did you hurt your left arm or your collar bone or 22 in the accident with you traveling?
23 anything on that side of your body? 23 A Coming east.
24 A No. It was all a nose shot,but I couldn't stop 24 Q Are you familiar with the area -- that area on
25 myself from falling. 25 Lewisberry Road?
Page 26 - Page 29
HUGHES, ALBRIGHT. FOLTZ &NATALE 717-540-0220/717-393-5101
TIMOTHY BENNETT Multi-Page TM
AUGUST 31, 2011
Page 30 Page 32
1 A Yes. 1 Lewisberry Road when the accident occurred?
2 Q How often do you drive through there? 2 A There wasn't much traffic.
3 A A lot. 3 Q Prior to the accident,where were you headed?
4 Q Do you mean weekly,daily? 4 A I was going to the garage to pick up my wife.
5 A Yes,weekly. When I had my motorcycle,that was 5 Q What's the name of the garage?
6 like a main road to take. 6 A ABC 2.
7 Q You like to ride your motorcycle along that road? 7 Q So was it your plan then to have your wife ride
8 A Yes. 8 the bike back home with you?
9 Q Were there any traffic control devices, like stop 9 A Yes.
10 lights, stop signs, anything like that in the area? 10 Q Where were you coming from?
11 A Yes,I just came from a stop sign back-- I forget 11 A My house.
12 the name of the road coming in there, Spanglers Mill maybe. 12 Q On the date of the accident,had you taken any
13 Q What's the speed limit on Lewisberry Road in that 13 medication?
14 area? 14 A No.
15 A I think it is 35 or 40. 15 Q Did you take any or consume any alcohol?
16 Q Are there any hills or anything that would sort of 16 A No.
17 impair your ability to see any cars on that roadway? 17 Q Any other type of drugs or anything like that?
18 A It's a small grade going up. I don't think that 18 A No. Nope.
19 it would impair, and a very slight bend. 19 Q Can you describe for me how the accident occurred?
20 Q Prior to the accident occurring,had you seen my 20 A Me and Kyle came from the stop sign, turned on to
21 client's vehicle at all? 21 Lewisberry Road,went past the socker field. As we were
22 A No. 22 approaching the municipal building, I saw a couple cars
23 Q Do you know what kind of car it was? 23 coming at me. And then next thing I know,there was one
24 A Something green. 24 underneath me. So....
25 Q Was it like a sedan truck, suV? 25 Q There was a car underneath you?
Page 31 Page 33
1 A It was a tiny little car I think. 1 A Yes. I went over top of the car.
2 Q What type of vehicle were you driving that day? 2 Q Okay. Did you see any turn signal on that car?
3 A Honda 600 CBR sports bike. 3 A No, I didn't see anything.
4 Q Were you the owner of that motorcycle? 4 Q So you wouldn't have seen if the car had its
5 A Yes. 5 headlights on or anything like that?
6 Q Any passengers on the motorcycle with you? 6 A No. I didn't see any flashy lights so I just
7 A No. 7 noticed there was cars coming at me. Then all of a sudden,
8 Q How long had you owned the motorcycle prior to 8 one just turned into me.
9 this accident? 9 Q He turned into you or did he turn --
10 A Couple years. 10 A He turned right before me.
11 Q How often did you ride it? 11 Q Do you know what part of your bike hit the car?
12 A Four or five times a week at least. 12 A My front tire hit.
13 Q Were you riding with anybody else that day? 13 Q Okay. What part of the car did the front tire of
14 A Yes. 14 your bike hit?
15 Q Who was that? 15 A His passenger quarter panel up in the front side.
16 A Kyle Ensminger. 16 Q After you flew off your bike,where did you land,
17 Q Spell his last name for me. 17 if you can remember?
18 A E-n-s-m-i-n-g-e-r. Ensminger. 18 A On the other side of the car, I hit the ground and
19 Q Was Kyle also on a motorcycle? 19 then I bounced and flew into the pole backwards.
20 A Yes. 20 Q Okay. I want to break that down a little bit.
21 Q Was Kyle in front of you or behind you? 21 You said you landed on the ground.
22 A Behind me. 22 Did you land in the roadway?
23 Q Do you know if Kyle saw the accident happen? 23 A Yes.
24 A Yes. 24 Q So you landed on the pavement?
25 Q What were the traffic conditions like on 25 A Yes. I hit the side of the street there.
Page 30 - Page 33
Hi MITES_ ALBRIGHT_ FOLTZ &NATALE 717-540-0220/717-393-5101
Multi-Page TIMOTHY BENNETT
AUGUST 31, 2011
Page 34 Page 36
1 Q Do you know what part of your body landed on the 1 Q Did the ambulance show up?
2 pavement? 2 A Yes.
3 A My head and I think my shoulder. 3 Q What did the ambulance do? Did they treat you at
4 Q What shoulder? 4 the accident scene?
5 A Left. 5 A Yes. They put me on a back stretcher and neck
6 Q So then you bounced,and you said that you hit a 6 brace and secured me down. And then drove me I don't think
7 pole backwards. What do you mean by that? 7 it was very far back to them socker fields for the
8 A When I landed on my head and shoulder, I rolled-- 8 helicopter to pick me up.
9 hit the ground and like bounced up in the air and rolled 9 Q Okay. Other than having the wind knocked out of
10 kind of. And I was in the air when I hit the post. I was 10 you, did you feel any pain at the scene of the accident?
11 going backwards, like back into it. 11 A Yes. My lower back and side hurt really bad. My
12 Q Like your back was facing the pole? 12 shoulder hurt real bad,my left. I guess from the collar
13 A Like a backwards horseshoe. That's what--what I 13 bone hurt really bad.
14 kind of looked like,back first. 14 Q Was that also your left shoulder that hurt really
15 Q Where was the pole located? 15 bad?
16 A I think a couple feet right off the side of the 16 A Yes. My whole left shoulder, collar bone,that
17 road. I am not sure of the exact location. I was close to 17 whole area hurt bad.
18 the road right there. 18 Q You say the helicopter picked you up. Where did
19 Q Do you know what that pole looked like? 19 it take you?
20 A Like a four foot red pole sticking out of the 20 A Hershey Medical Center.
21 ground. 21 Q What injuries do you believe that you suffered in
22 Q So it wasn't like a utility pole or mailbox pole? 22 the accident?
23 A Could have been a mailbox pole. 23 A I broke my collar bone.
24 Q Was it metal? 24 Q You'are indicating your left collar bone?
25 A Yes. There was nothing on it. It was just an 25 A Yes,my left collar bone. I broke the back of my
Page 35 Page 37
1 empty pole. I don't know what it was there for. 1 vertebrae I think is whatever they're called.
2 Q Did you lose consciousness after the accident? 2 Q In your low back?
3 A No. 3 A Yes,four of the lower ones in my back. I think I
4 Q So after you hit the pole,what did you do? 4 had a bruised kidney, a partially collapsed lung and four I
5 A Laid there and gasped for air for awhile. I think 5 think fractured ribs. Maybe right beside the vertebrae,the
6 I had the wind knocked out of me for ten minutes at least 6 same,right across them,four from each.
7 probably. 7 Q What side of your body were the broken ribs on?
8 Q Did you--were you able to talk to anybody? 8 A The breaks were actually on the right side of my
9 A No. Couldn't breathe. Couldn't talk. 9 spine probably like an inch or two over. I am not exactly
10 Q Did you see if the police showed up? 10 sure,but they were on the back side. That's where I felt
11 A I think the police were there after I was able to 11 the pain.
12 catch my breath. 12 Q When you got to Hershey Medical Center, do you
13 Q As you are laying on the ground,do you recall if 13 recall what sort of treatment they gave you there?
14 anybody came over to you? 14 A They gave me a lot of pain medicine and I guess,
15 A Yes. I think a firefighter was there laying 15 you know,checked me out,evaluated me or whatever.
16 trying to talk to me. 16 Q Did they keep you overnight?
17 Q Before the firefighters,did you see if Kyle came 17 A No. I did not stay over. I left in the middle of
18 over or anybody else that had seen the accident came over 18 the night.
19 and talked to you? 19 Q Do you know about how long that you were at the
20 A Kyle was there. But, like I said, I couldn't 20 hospital?
21 really talk to anybody. 21 A Probably a half a day,I think.
22 Q Okay. What did the firefighter say to you when he 22 Q When you left the hospital,where did you go?
23 came over to you? 23 A Home.
24 A Just words of encouragement,hang in there,bud, 24 Q Who took you home?
25 you will be all right, stuff like that. 25 A My wife, Kara.
Page 34 - Page 37
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
TIMOTHY BENNETT Multi-Page
AUGUST 31, 2011
Page 38 Page 40
1 Q Do you recall while you were at the hospital if 1 left Harrisburg Hospital?
2 they performed any sort of x-rays,that sort of thing on 2 A Within two weeks, I had to do follow ups with
3 you? 3 people. I am not sure all of the dates and times and stuff.
4 A Yes, x-rays and MRIS. 4 I seen a lot of people in there.
5 Q That would have been of your back and your 5 Q Do you remember who you saw next after Harrisburg
6 shoulder? 6 Hospital?
7 A Yes. 7 A No.
8 Q Any other parts of your body that you can 8 Q Do you know why you would have gone to see
9 remember? 9 somebody? Was it a specific part of your body that was
10 A I don't think so. My collar bone,my back,my 10 hurt?
11 ribs. 11 A My collar bone was sticking straight up,not
12 Q Okay. 12 protruding through my skin,but resting against it,poking
13 A I think I might have just got x-rays. I don't 13 up in there. So I needed to go back to see somebody for
14 know if I got an MRI. 14 that reason.
15 Q So after you went home,when was your next medical 15 Q Was that something that happened within that span
16 treatment? 16 of two to three weeks after leaving Harrisburg Hospital?
17 A I would like to say that--two days,a day or two 17 A Yes. I had a plate put on my collar bone too,a
18 later after I left Hershey Med. 18 titanium plate.
19 Q So did the doctors at Hershey tell you to go and 19 Q That was after it was poking up on your skin?
20 follow up with somebody? 20 A Well, it was doing that already,yes. They just
21 A No. It was--my whole body was convulsing and 21 didn't-- I guess Hershey Med was really busy when I was
22 twitching when I woke up and I had to go to Harrisburg 22 there so they weren't going to give me the steel plate
23 Hospital. It was just the closest to drive than all of the 23 surgery that day. So that's why I had to do a follow up,to
24 way back to Hershey. 24 get that.
25 Q When you were at Harrisburg Hospital,do you 25 Q Okay.
Page 39 Page 41
I recall what sort of treatment they provided that day? 1 A And that's why they--
2 A Yes. They gave me a whole bunch of Ivs. I was 2 Q So--
3 severely dehydrated so my muscles were all twitching and 3 A That's why they hurried me out of there because
4 stiff,very painful. 4 they were really busy I guess.
5 Q Did they tell you why you were severely 5 Q From the time of the accident up until you went
6 dehydrated? 6 and got the surgery done,was your collar bone poking up
7 A No. 7 into your skin?
8 Q Over that span of a day or two after you left 8 A The whole time,yes.
9 Hershey,were you able to eat and drink properly? 9 Q The whole time?
10 A No. They gave me a bunch of pain pills. I think 10 A Yes. It never came through. It was just very
11 I slept for a long time for that day or two in between. 11 awkward and weird.
12 Then when I woke up,that's when I had to go to Hershey-- 12 Q None of the doctors at Harrisburg or Hershey or
13 or to Harrisburg. 13 anybody else that you followed up with recommended that you
14 Q Were you required to stay the night at Hershey? 14 go get that plated?
15 A At Hershey? 15 A Well,yes. But I had to make an appointment to do
16 Q Excuse me, at Harrisburg Hospital? 16 that. And that's what--you know,it took like a week or
17 A No. I was there probably half a day again or 17 two to get the plate on after the accident.
18 something. 18 Q Do you know who put the plate on?
19 Q Did they take any x-rays or any sort of diagnostic 19 A That would have been Dr.Polacheck.
20 studies at Harrisburg Hospital? 20 Q After you had the plate on,did you have to go to
21 A No. They just treated me for the-- 21 physical therapy?
22 Q For the dehydration? 22 A Yes.
23 A Yes. Since I was being seen,you know, for the 23 Q Do you know where you got the physical therapy
24 other stuff already. 24 done?
25 Q When was your next medical treatment after you 25 A M.
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HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
Multi-Page Tm TIMOTHY BENNETT
AUGUST 31, 2011
Page 42 Page 44
1 Q How long were you in physical therapy? 1 Q What did Dr. Kothare tell you about that?
2 A A long time. I --you know, I would say six 2 A I have nerve damage.
3 months to a year. I was there awhile. 3 Q Can you tell me what parts of your arm become numb
4 Q How frequently did you go over that period of 4 or became numb?
5 time? 5 A It comes down in my--to my chest a little,then
6 A Three times a week. 6 down through my bicep.
7 Q For what part of your body? 7 Q Okay. So you are indicating on your upper-- sort
8 A For my left clavicle injury and back injury. 8 of your upper pec area on your left side?
9 Q Did you have any surgery for the back or the ribs? 9 A Yes.
10 A No. 10 Q And then it goes down into your bicep?
11 Q Did you have to have any other surgery on any 11 A Yes,down into the elbow I feel it a lot. It's
12 other part of your body aside from your collar bone? 12 like a numb,tingle.
13 A No. 13 Q Did Dr. Kothare prescribe you any medication or do
14 Q Other than the physical therapy and--with Dr. 14 anything for that numbness or tingling?
15 Polacheck, do you recall treating with anyone else after the 15 A No. He just did some kind of like shock testing
16 accident? 16 to it.
17 A Yes. I went with my family doctor. 17 Q Did he refer you to anybody else to treat the
18 Q Who was that? 18 numbness and tingling?
19 A Dr.Weaver from-- I forget the name of the 19 A No. I didn't-- I don't think there was treatment
20 doctor's office. 20 for it.
21 Q That's okay. 21 Q So you think that the doctor just told you that's
22 What did you go see Dr. Weaver for? 22 something that you are just going to have to deal with?
23 A Just follow-ups and stuff like that and,you know, 23 A Yes.
24 just checking on me. 24 Q Can you recall treating with any other doctors for
25 Q Were you prescribed any pain medication over that 25 any other injuries or conditions related to the accident?
Page 43 Page 45
1 period of time? 1 A Not off the top of my head.
2 A Yes, I was prescribed pain medication. 2 Q Are you still actively treating with anybody in
3 Q What was the prescription for? 3 relation to the accident?
4 A I don't remember. I think that-- some Vicodin. 4 A No.
5 Q Do you know what doctor prescribed that for you? 5 Q When was the date of your last treatment?
6 A Polacheck would have gave me some meds after my 6 A I don't know.
7 surgery. I am not really sure who else. 7 Q Would it have been -- do you know,would it have
8 Q How long were you on the painkillers? 8 been this year?
9 A A month, maybe two. I don't remember. 9 A No, it wouldn't have been this year,probably like
10 Q That would have been post surgery? 10 over a half a year ago maybe,three quarters of a year ago.
11 A After surgery,yes. And that--I was on some 11 Q So sometime in 2010?
12 before surgery too. Hershey Med gave me some when I left. 12 A Yes.
13 Q Other than Dr.Weaver, do you recall treating with 13 Q Do you know who that would have been with?
14 anybody else for your injuries from the accident? 14 A Probably Dr. Polacheck.
15 A Polacheck,Weaver, a Dr. Kothare. 15 Q Do you know what you would have treated with Dr.
16 Q What did Dr. Kothare do for you? 16 Polacheck within 2010,or why you would have treated with
17 A He's a nerve specialist. 17 him?
18 Q Why did you see him? 18 A Follow-ups for my arm and stuff.
19 A Because I get numbness and stuff in the left arm. 19 Q I think that you said earlier that you were
20 Q How long after the accident did the numbness 20 cleared to work in March of 2009,is that correct?
21 develop in your left arm? 21 A Yes.
22 A Probably right away I would think. 22 Q Were you placed under any work restrictions when
23 Q That was something that wasn't getting better 23 you were cleared?
24 through physical therapy,is that correct? 24 A Yes,no repetitive overhead work stuff.
25 A Yep. 25 Q Is that with just your left side or with--
Page 42 - Page 45
HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101
TIMOTHY BENNETT Multi-Page`
AUGUST 31, 2011
Page 46 Page 48
1 A With my left side, yes. 1 Q Okay.
2 Q Probably--what doctor was that again? I am 2 MR.SHOLLENBERGER: You just did.
3 sorry if I forgot. 3 BY MR.SAUL:
4 A Polacheck. 4 Q When that pain happens,on a scale of one to ten
5 Q Are you still under that same work restriction? 5 with one being no pain at all and ten being the worst
6 A I don't think so. I don't know. I haven't seen 6 possible pain,can you imagine how painful is it usually for
7 him in awhile. 7 you?
8 Q The last time that you saw him,were you still 8 A The heavier the item is,the more painful it gets.
9 under that work restriction? 9 It's like a real sharp, I don't know,pain in there.
10 A He may have lifted it. I am not sure. 10 Q You said earlier that you're not currently under
11 Q Are you under any other restrictions on working or 11 any physical restrictions from any doctors?
12 had you ever been in relation to the accident? 12 A I don't think so,no.
13 A I don't think so. 13 Q Are there any activities that you can't do now
14 Q As you sit here today,Mr. Bennett,do you have 14 that you were able to do before the accident of November
15 any complaints that you believe are related to the November 15 2008?
16 2008 accident? 16 A Yes,ride a motorcycle.
17 MR.SHOLLENBERGER: Could you explain what you 17 Q Why can't you ride a motorcycle?
18 mean by complaint,he may not understand that in the medical 18 A My wife will never let me own one again. I even
19 sense? 19 had to sell my dirt bikes.
20 MR.SAUL: Sure. 20 Q Are there any other activities that you can't do
21 BY MR.SAUL: 21 aside from riding motorcycles and dirt bikes?
22 Q Are there any other parts of your body that are 22 A I don't think so,probably can't do a hand stand
23 still bothering you from the accident? 23 any more,but other than that....
24 MR.SHOLLENBERGER:Thank you. 24 Q How often did you do hand stands before the
25 BY MR.SAUL: 25 accident?
Page 47 Page 49
1 Q As you sit here today? 1 A Never.
2 A Yes. I have pains once in awhile from the collar 2 MR.SAUL: Off the record.
3 bone. If I turn too quick, I can feel the inside of my skin 3 (Discussion held off the record.)
4 smacking on the steel plate. But I don't think there is 4 BY MR.SAUL:
5 nothing that can be done about that. And-- 5 Q Before the accident,Mr. Bennett,you were a
6 Q Sure. Go ahead. 6 basketball player. Are you still able to play basketball?
7 A A little restricted on mobility on that side. I 7 A No. I probably could. I just--you know,don't
8 can't stretch up as high as the other arm. I still have the 8 really have much time.
9 numbness and tingling down that side. 9 Q Do you do any other sort of exercise,anything
10 Q How frequently do you get the numbness and 10 like that?
11 tingling? 11 A I play with my kids and stuff like that.
12 A At least once a day I would think. 12 Q What do you play with your kids? What typically
13 Q How long does that last? 13 does that involve?
14 A Ten minutes to a half an hour. 14 A Sports. My daughter is very athletic. So out
15 Q You say that you get pains once in awhile on your 15 there,you know,I--working on sports with her, socker
16 left side. How frequently is that? 16 player,so kicking the socker ball around and stuff like
17 A If I try to lift something that's probably a 17 that.
18 little bit too heavy for me,I get pains in that--on this 18 Q Does she play any other sports aside from socker?
19 side. 19 A Yes.
20 Q Okay. So it's like you have to kind of do 20 Q What does she play?
21 something to cause that pain to come on? 21 A She plays socker,baseball,basketball.
22 A Yes. If I would like go lift up a trash can or 22 Q She doesn't do hand stands either?
23 something, sometimes I can feel like some stress in here. 23 A Yes, she does.
24 Q Okay. 24 Q And you work on her with all of those sports then?
25 A I don't know how to describe it. 25 A Yes. I try.
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HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
Multi-Page` TIMOTHY BENNETT
AUGUST 31, 2011
Page 50 Page 52
1 Q Okay. Have you gone any vacations since the 1 Q Were you wearing a helmet on the date of the
2 accident? 2 accident?
3 A Probably. 3 A Yes.
4 Q Do you know where you would have gone? 4 Q What color was the helmet?
5 A Yes. I think we went down to Ocean City,Maryland 5 A White with dragon-type designs on it and like a
6 last year. 6 gray stenciled thing.
7 Q What did you do down there? 7 Q Did the bike have a headlight?
8 A Swim,played in the ocean,take the kids on the 8 A Yes.
9 boardwalk. 9 Q Was it on at the time of the accident?
10 Q Do you know if you have any outstanding medical 10 A Yes.
11 bills in relation to the accident? 11 Q How do you know that?
12 A I don't think. 12 , A Because that bike the light is always on when you
13 MR.SHOLLENBERGER: We will get that for you. We 13 start it. I don't think you can shift it off. You have low
14 will get a medical bill summary as part of our demand. 14 and high. The low is always on.
15 THE WITNESS: I have been trying to pay them, so 15 Q All right. What type of clothing were you
16 I don't think. I don't know. 16 wearing?
17 BY MR.SAUL: 17 A Jeans, a helmet. I think I even had leather
18 Q Do you know how much you have paid out of your own 18 gloves on, and maybe like a suede kind of jacket.
19 pocket for your medical bills? 19 Q When you're sitting on the bike, can you tell me
20 A No idea. 20 approximately how high off the road you sit?
21 Q But you have had to make medical payments? 21 A To the top of the seat?
22 A Yes,I have made some,yes. 22 Q To the top of your head.
23 MR.SAUL: Do you know if there are any liens, 23 A Oh.
24 Tim? 24 Q How high would you say your head would be?
25 MR.SHOLLENBERGER: I will check that for you. I 25 A Probably like 5'7", 8, 5'7", somewhere in there.
Page 51 Page 53
1 am not sure. I can't recollect if this is a lien case or 1 Q All right. How many years have you been operating
2 not. I can't remember. But I will check on that for you. 2 motorcycles?
3 THE WITNESS: What does that mean? 3 A I grew up on dirt bikes. I have had off road
4 MR.SHOLLENBERGER:Off the record. 4 bikes my whole life. And I had a street bike,that Buell
5 (Discussion held off the record.) 5 was my first street bike I had. I am not sure. I bought
6 MR.SAUL: Okay. Mr. Bennett, I think those are 6 that-- I can't remember when I got that. I would say maybe
7 all of the questions that I have for you. 7 like '04 or five maybe.
8 BY MR.SHIPMAN: 8 Q Okay. So '04 or five,you bought the Buell?
9 Q Mr. Bennett,my name is Jeff Shipman. I have some 9 A Yes.
10 follow-up questions for you. 10 Q And that's a road bike?
11 A Okay. 11 A Yes. It's Harley's sport bike.
12 Q The motorcycle that you were operating on the day 12 Q And you sold that before you bought the Honda?
13 of the accident, how long had you owned that motorcycle? 13 A I think I had them both for like,you know, a
14 A I think I had it like a year or two. I had a bike 14 little bit till I got rid of one.
15 before that too. So I am trying to think when I sold one 15 Q Okay. Have you ever received any formal
16 and had the other. I had a Buell for a couple years before 16 motorcycle training?
17 the Honda. So.... 17 A Yes.
18 Q Was the--when you purchased this Honda,was it 18 Q Okay. When did you receive that and where?
19 new or used? 19 A Oh, I took it at HACC. I took their motorcycle
20 A Used. 20 safety course. And after the class,you got issued a
21 Q Do you know who you bought it from? 21 license. And now that's stamped on -- I think on my
22 A I can't remember, some young kid, Colonial Park 22 driver's license too for the M-class.
23 area. 23 Q Okay.
24 Q What color was the bike? 24 A So....
25 A Purple and black. 25 Q Do you know when you took that class?
Page 50 - Page 53
HUGHES_ ALBRIGTIT_ FOLTZ &NATALE 717-540-0220/717-393-5101
TIMOTHY BENNETT Multi-Pager`
AUGUST 31, 2011
Page 54 Page 56
1 A I think it was--would have been like --maybe 1 to drop a car off.
2 like eight months before the bike wreck. Because with a 2 Q Okay. She was dropping her car off at the garage
3 motorcycle, you can drive with a permit. You--you are 3 to be repaired?
4 just not allowed to haul anybody or stuff like that. And 4 A Yes,yes.
5 then I took the safety course. 5 Q And did she--what time were you to be there to
6 Q Okay. Okay. 6 meet her?
7 How long was the safety course? Was it one day? 7 A I think I was supposed to get her like one
8 A Four days. 8 sometime.
9 Q Four days. You successfully completed it? 9 Q Was there a set time that you were to be there?
10 A Yes. 10 A Yes. I think it was one-ish, 1:30 or something I
11 Q Do you know who gave the class? 11 was supposed to be--pick her up from the garage. I was on
12 A No. 12 my way there. So....
13 Q Who the instructor was or-- 13 Q Right. Did your wife work this day?
14 A I can't remember. 14 A I am not sure if she had. I think she might have
15 Q State Police or-- 15 had some appointments in the morning,then was going to meet
16 A No. It's there-- down there all of the time, 16 me at the garage.
17 whoever runs it down there at HACC. They have a shed. The 17 Q Okay. Did she call you and tell you that she was
18 bikes are right in the parking lot. So.... 18 there waiting for you?
19 Q Okay. 19 A No,but we talked and she was on her way. So I
20 A So it's -- 20 started heading that way too.
21 Q Any other formal training other than that? 21 Q There was a friend who was following you?
22 A No. 22 A Yes.
23 Q On the date of this accident,you were coming from 23 Q Kyle?
24 your home in Camp Hill? 24 A Yes.
25 A Yes. 25 Q Ensminger?
Page 55 Page 57
I Q Where precisely was your home located, in the 1 A Yes.
2 Borough of Camp Hill, or where was it? 2 Q Why was he going along?
3 A Across from Cedar Cliff High School. 3 A Just taking a bike ride together.
4 Q Okay. What route would you take? What road would 4 Q How long have you known Mr.Ensminger?
5 you take from your house to where the accident happened? 5 A Since I was like twelve years old.
6 A I leave my house and turn right on Carlisle Road. 6 Q Okay. Has he also ridden bikes for a number of
7 And then turn left, is that Lisburn or Spanglers Mill. I 7 years?
8 come in. I don't go in front of the prison,but I go past 8 A Yes.
9 the prison down over the creek there, Spanglers Mill,and 9 Q Do you know what kind of bike he was driving that
10 head up out. And that runs into the side of Lewisberry Road 10 day?
11 if you stay on that road straight. 11 A He was on a Suzuki 750 GXSR. Say that fast three
12 Q Spanglers Mill intersects with Lisburn Road, 12 times.
13 Lewisberry Road? 13 Q Have you ever been involved in any motorcycle
14 A Yes. 14 competition?
15 MR.SHOLLENBERGER:Lewisberry. 15 A No.
16 BY MR.SHIPMAN: 16 Q Any racing?
17 Q And you would have made a stop at that 17 A No.
18 intersection? 18 Q Anything like that?
19 A Yes. Right at Lewisberry,where it hits 19 A No.
20 Lewisberry. 20 Q How long would it ordinarily take you to get from
21 Q Okay. Did you--did you have to yield to any 21 your home to the garage? Had you ever been to the garage
22 traffic on Lewisberry before you turned? 22 before?
23 A No,there was no cars there. 23 MR.SHOLLENBERGER: Which question do you want him
24 Q Where were you going to? 24 to answer,the second one?
25 A To a garage to pick up my wife. She was supposed 25 MR.SHIPMAN: The second one.
Page 54 - Page 57
ATTCAFC AT WRIGHT PMT T7 Rr ATATAT P 717-6dfl-117711/717-101-S1fl1
Multi-Page` TIMOTHY BENNETT
AUGUST 31, 2011
Page 58 Page 60
1 MR. SHOLLENBERGER: Had you ever been to the 1 A Third gear takes you up 80 or 90 maybe.
2 garage before? 2 Q Are you sure that you were in second gear,or
3 THE WITNESS: Yes, I had been to the garage 3 could have been in third gear when the accident happened?
4 before. 4 MR.SHOLLENBERGER:I will object to the form of
5 BY MR. SHIPMAN: 5 that and instruct him not answer. He has answered.
6 Q Where is the garage located? 6 Argumentative. Don't answer that question.
7 A It is on Lewisberry Road, probably three quarters 7 BY MR.SHIPMAN:
8 of a mile after 114 splits off and heads toward 8 Q Do you know if you were in second gear?
9 Mechanicsburg. I think it becomes 382. 9 MR.SHOLLENBERGER:Object. Instruct not to
10 Q The Space Highway? 10 answer. Don't answer that question. You have already
11 A Yes. 11 answered it.
12 Q So it's on Space Highway? 12 MR.SHIPMAN: Okay.
13 A Yes. 13 MR.SHOLLENBERGER: I guess what I am trying to
14 Q About three quarters of a mile past the 14 tell you,you have to move on or get a judge to let you ask
15 intersection of 114? 15 him the same question three times and try to get the answer
16 A Yes, where 114 jets off. If you keep going 16 you want to. Move on.
17 straight, it turns into concrete for a little bit, then 17 BY MR.SHIPMAN:
18 black, blacktop for a little bit. 18 Q When you drove that--made that turn on to
19 Q You are familiar with that roadway? 19 Lewisberry, did you see any traffic coming the opposite
20 A Yes. I ride that road on my motorcycle. It's 20 direction before the accident?
21 very windy. 21 A When I made the turn on to Lewisberry Road?
22 Q You said the weather was fine. Was it a clear, 22 Q Yes.
23 sunny, dry road? 23 A There was no traffic coming my way I noticed. I
24 A Yes. 24 don't know if there was any on the other side of the road.
25 Q How far is it from the intersection of Spanglers 25 Q As you were approaching the scene of the accident,
Page 59 Page 61
1 Mill to the location of the accident? 1 do you know what your speed was?
2 A Maybe a mile. 2 A I am going to guess I was probably doing between
3 Q Okay. And how many gears are on the motorcycle? 3 35 and 40, somewhere in there.
4 A Five. 4 Q Okay.
5 Q What gear were you in at the time of the accident? 5 A Because we just came out of the stop sign and that
6 A I don't know,probably second. 6 is a township building, so--cops hang out there, so there
7 Q Second? 7 is no-- I would definitely not be speeding through there
8 A Yes. 8 because I ride those roads a lot so I know.
9 Q In the stretch of a mile,you think that you would 9 Q Okay. Did you see the vehicle that turned into
10 have been in second gear? 10 your lane before the impact itself?
11 A Probably. They're geared differently,them sports 11 A Maybe for a split second. Like do you know what I
12 bikes. 12 mean? I seen some cars coming at me. I am looking in my
13 Q How so? 13 lane. And then all of a sudden,I just seen this green blur
14 A You have a lot more--they're not geared for low. 14 come in, and I was up in the air.
15 They're geared for higher. So you have more gear to wind 15 Q How far away was the green car when you first saw
16 out than cars and everything else. 16 it? Can you estimate that?
17 Q Okay. How fast would that motorcycle go in second 17 A A couple of feet. Like when I noticed him,he was
18 gear? 18 in my lane already.
19 A Like the max speed? 19 Q Okay. Did you see him cross into your lane?
20 Q Yes. 20 A No, I did not see him cross into my lane. I seen
21 A Probably 40,45. 21 him when he was already in it like.
22 Q So you get the 40, 45,then you switch into third 22 Q Do you know where you were looking,what direction
23 gear? 23 that you were looking in as you are approaching the location
24 A Yes. 24 of the accident scene?
25 Q How fast do you go when you are in third gear? 25 A Straight ahead.
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HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101
TIMOTHY BENNETT Multi-Pager"
AUGUST 31, 2011
Page 62 Page 64
1 Q Do you know if you were looking to the left or to 1 ribs,that area straight across I guess.
2 the right at any time? 2 Q Did you ever have any communication with my
3 MR.SHOLLENBERGER: Objection. Asked and 3 client,the property owner there?
4 answered. 4 A No.
5 BY MR.SHIPMAN: 5 Q Do you ever do any investigation as to why that
6 Q I am sorry,what was your previous answer? 6 pole was there?
7 A I was looking straight ahead. 7 A You mean myself,no.
8 Q Okay. 8 Q Do you know of anyone else that did any
9 A In my lane. 9 investigation relative to the location of the pole?
10 Q You said that you would sometimes see policeman in 10 MR.SHOLLENBERGER: I just want to say you can say
11 this area. Is that right? 11 your lawyer,but you can't say what we did.
12 A Yes. 12 BY MR.SHIPMAN:
13 Q Where would policeman on the prior occasions be 13 Q No. Anybody other than your lawyer that you know
14 parked? 14 did anything?
15 A In the municipal parking lot. 15 A No,not that I know of.
16 Q Is that to the right? 16 Q Have you spoken to Kyle about this accident?
17 A Yes. 17 A Yes. Shortly after it happened,we have talked
18 Q Do you know at any point in time prior to the 18 about it. I haven't really talked to him in awhile. He's
19 accident you looked for any policeman that day? 19 busy guy. He lives an hour away. So....
20 A I wasn't looking. I just know not to speed 20 Q Where does he live?
21 through there. 21 A Up by Sunbury.
22 Q Okay. What part of the vehicle,the green 22 Q Okay. Was he living in this area at the time of
23 vehicle, did you come in contact with? 23 accident?
24 A The right front passenger quarter panel like. 24 A No. He came down to take a bike ride. I didn't
25 Q Okay. Then you flew over the vehicle? 25 have to work that day, so we did have plans to ride.
Page 63 Page 65
1 A To my knowledge. 1 Q Okay. So Kyle came down that day for the purpose
2 Q Did any part of your body come--any part come in 2 of going on a bike ride with you?
3 contact with any part of the vehicle? 3 A Yes.
4 A I don't know the answer to that question. That's 4 Q And this was the bike ride that you were on when
5 a blur. 5 this happened?
6 Q Okay. Do you know how far your body traveled 6 A It was kind of the start of one. Then I was
7 after the point of impact? 7 taking her back home. Then me and him were going to go out
8 A I don't know the exact measurement,but I was in 8 for longer. So....
9 the middle of the road driving. Then I was up in the grass. 9 Q All right. Okay.
10 So a noticeable distance I would say. 10 What has Kyle told you that he saw happen?
11 Q Earlier you testified that your-- you came into 11 A Basically the same as me,but he thinks I bounced
12 contact with the road first,right? 12 off the car. But that's -- I don't know. So....
13 A Yes, or the car--I don't really know. I think 13 Q Do you know if Kyle has given any statements about
14 maybe both. 14 this, any recorded statements?
15 Q Okay. But you came into contact with the road you 15 A No,he hasn't,not that I know of.
16 believe with your head and your left shoulder? 16 Q How did you get ahold of your wife after the
17 A Yes. Yes. 17 accident?
18 Q Okay. Then you bounced up? 18 A I didn't.
19 A Yes. 19 Q Do you know who called her or made contact with
20 Q And were turned backwards now? 20 her?
21 A Yes. 21 A I think it might have been the hospital.
22 Q And then you carne into contact with the pole? 22 Q Okay. Did you have a cell phone with you at the
23 A Yes. 23 time of the accident?
24 Q What part of your body struck the pole? 24 A I don't remember.
25 A It would have been lower back and my bottom four 25 Q Have you had any other accidents involving the
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HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
EXHIBIT B
Multi-Page KYLE ENSMINGER
DECEMBER 13, 2011
Page 10 Page 12
1 A Yes. 1 Q Tim was in front,you were behind?
2 Q And do you still have your-- did they give you a 2 A He was to my right. I was to the left. We came up
3 certificate of some kind? 3 like parallel to the stop sign. We took a left. We both kind
4 A I believe they give you a certificate. You actually 4 of turned at the same time. And as we got up over the road,I
5 can --you gain that--you can actually-- from there, if you 5 wouldn't even say-- if I can remember correctly,I mean I
6 pass the course,you can go get the M on your license to -- 6 think it was maybe 300 yards, 400 yards to the police station
7 Q Do you have that on your license? 7 to our right. And--
8 A Yes. 8 Q You could see that?
9 Q Does it show on your license currently? 9 A Yes. I could see it off to the side. We were only
10 A Yes, sir. 10 doing probably 35. We really hadn't even gotten going. We
11 Q Did you have any restrictions on your motorcycle 11 kind of turned onto the road and just--
12 license on the day of the crash? 12 Q Now, let me ask you this. You say you used that 300
13 A No. 13 -- did you say 300 yards?
14 Q I notice you are not wearing glasses today. Do you 14 A Yes, about 300 yards.
15 wear contact lenses or anything like that? 15 Q To the--what did you call it,the police station?
16 A No,no. 20/20 vision. 16 A To the municipal building.
17 MR.SHOLLENBERGER: Off the record. 17 Q Was that on your right-hand side?
18 (Discussion held off the record.) 18 A That was on my right-hand side.
19 BY MR.SHOLLENBERGER: 19 Q Could you see clear down to there?
20 Q What do you remember about the weather conditions on 20 A Yes,pretty clear. There was no trees.
21 the day of the crash? 21 Q From 300 yards in,could you see pretty far right
22 A A day much like today outside,but much warmer. 22 down to the--
23 Q And today,how would you describe the weather today? 23 A The police station was probably not even 50 yards
24 A Fair. It was sunny out. It was clear skies. I 24 off the road.
25 mean no like-- it was in the middle of the afternoon. It 25 Q All right. Let me ask you this. The other vehicle,
Page 11 Page 13
1 wasn't--there was no fog or anything. I mean it was sun 1 how far away from it were you when you first saw it?
2 out. But it was probably mid-say '70s. 2 A The gentleman,I mean he was-- I didn't know he was
3 Q Were you familiar with the roads that you were on 3 going to turn so I wasn't really looking at him--
4 that day enough to tell me what roads that you were on? 4 Q Fair enough.
5 A I know the area. Back towards like Pinchot Park 5 A --per se,but he was I'd say about fifteen yards
6 area. 6 before I noticed him. I mean--
7 Q Yes. 7 Q You were about fifteen yards away from him?
8 A And--but I was kind of just like letting Tim take 8 A Yes.
9 the lead. We were just-- I mean we had taken a couple roads, 9 Q Where your bike was?
10 and then came to a stop sign. Turned left to go up over the 10 A Yes.
11 hill by the municipal building. We hadn't even -- I don't 11 Q Where was Tim?
12 even think we got into really like second gear. We were only 12 A Tim was like right besides me. We were kind of like
13 doing like 35, 45,tops going by there. And then that's when 13 a little-- a little staggered. The way the gentleman was
14 the gentleman pulled right in front of him. It was-- 14 turned,he turned this way. I was able to brake enough to get
15 Q Why don't you describe to me the route. I know you 15 around the back end of him. Tim braked so hard that like his
16 were going a couple roads,then you came to a road. We have 16 kind of back end went up. So he--I am sure he froze for a
17 been told it was called Spanglers Mill. I don't know if that 17 minute,hit the brakes and he--I remember like looking at
18 would mean anything to you or not? 18 him. And I could see his bike had kind of gone up what they
19 A No. 19 call like a stoppie position. And he kind of hit the front
20 Q You came to a stop sign? 20 end of the car from that position.
21 A Came to a stop sign. 21 Q Now, I have my work cut out for me. I don't know if
22 Q Did you have to make a right-hand turn? 22 I will do an effective job. There was a lot of hand gesturing
23 A Left-hand turn. 23 here. We will have to put some of those hand gestures to
24 Q You made a left-hand turn? 24 words.
25 A Yes. 25 A To words.
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HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
KYLE ENSMINGER Multi-Page`
DECEMBER 13, 2011
Page 14 Page 16
1 Q Let me try to guide you through. 1 Q Okay. Was there anything Tim could have done to
2 All right. If I misspeak,because I am going to be 2 avoid this?
3 trying to restate what I think you are saying, if I am saying 3 A No,because I,being in the position that I was on
4 it wrong,you correct me. 4 the road, I was lucky to have gotten around the back end of
5 A Okay. 5 that car. And I probably could only have made it by like a
6 Q You make that left turn. You are coming down the 6 foot or two max.
7 road. There is a point at which you can't see the municipal 7 Q Okay. You say cut. When -- why did you use the
8 building. Then there is a point where you can see the 8 word cut to describe the turning?
9 municipal building. You figure that to be about 300 yards 9 A It's the--kind of like a jerk movement to cut. I
10 from the building away. Is that--am I with you so far, or 10 think of like driving,but kind of like cut the steering wheel
11 do you need to correct something? 11 or the handle bars to try and make a quick maneuver to the
12 A From the point that we turned,we came to that stop 12 left.
13 sign. We took our left. 13 Q Are you referring to the speed of the turn,the
14 Q Yes. 14 angle of the turn, or both?
15 A If I were to look in the direction, I could see the 15 A The -- probably more the angle of the turn to get
16 municipal building. I wasn't looking at the municipal 16 the bike more--
17 building. I was more looking at the road. But I could see 17 Q We're talking about the car now. You said that he
18 the municipal building. It wasn't that far away. 18 cut?
19 Q And, of course, if I am understanding you correctly, 19 A The car cut. I thought that you were speaking about
20 you are not seeing the other driver's car? 20 me.
21 A Because I am not really thinking that he's going to 21 Q No,no,no. Why did you use the word cut?
22 turn in front of me. I am not looking in that direction. 22 A Because it was like a quick, like instinctive,just
23 Q You are not looking thinking -- okay. 23 quick turn.
24 Now,you then give me--give us a distance of about 24 Q Okay. So now you are referring as--to the car
25 fifteen yards away from the car when you first see it? 25 using the word cut, you are referring to the speed of the
Page 15 Page 17
1 A Yes. 1 turn,not the angle of the turn or both? I am trying to --
2 Q That's you? 2 you are using gesticulations with your hands. I am trying to
3 A Yes. 3 get you to verbalize what you are using your hands to say.
4 Q You say Tim is closer than fifteen yards? 4 A He was coming in the opposite direction that we
5 A He was almost parallel. 5 were. And he had made a quick turn into the parking lot.
6 Q At the point when you first see--at the point at 6 Q Okay. What--
7 which you first see the other car, Tim is almost parallel with 7 A We were unprepared for.
8 that? 8 Q What--was there impact between the motorcycle and
9 A Yes. Correct. 9 the car?
10 Q Okay. Now, let's talk about what that car was doing 10 A Yes.
11 when you first saw it. 11 Q All right. You saw that?
12 First of all,was it stopped or moving? 12 A Yes.
13 A It was moving. 13 Q What part of the vehicle came into contact with one
14 Q All right. What did it seem to you like it was 14 another?
15 doing? 15 A I believe Tim's,his handle bars and his front light
16 A From the moment that I saw it, it--I saw it for 16 area is what kind of hit the side of the car.
17 maybe one or two seconds. Then he kind of cut into the 17 Q Which side?
18 parking lot for the municipal building. From what I could 18 A The right-hand side,the right hand.
19 gather,he worked there and he was on his way to work. So he 19 Q Passenger side?
20 had pulled in there quick. And when he pulled in,we were 20 A Front quarter panel.
21 right there. 21 Q Fair enough.
22 Q Then you had to go back around? 22 You talked about a stoppie, a stoppie. But you were
23 A I was able to brake enough and kind of get around 23 using your hand. Tell me what a --tell us what a stoppie
24 the back end of his car because he had pulled in so quick. We 24 means to you.
25 were right there,and Tim wasn't so lucky. 25 A A stoppie,you have two different-- on a
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HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
Multi-Page` KYLE ENSMINGER
DECEMBER 13, 2011
Page 18 Page 20
1 motorcycle,you have two different brakes. You have a rear 1 Did you see him hit a pole?
2 brake. You have a front brake. When you do a stoppie, it is 2 A That pole.
3 just basically like you pull the lever to engage your front 3 Q You are talking--all right. Now that you have
4 brake so tightly that your front tire pretty much stops and 4 pointed to a picture. I have an exhibit here called--that's
5 your back end comes up. 5 been premarked as Mohn 2. Do you recognize the pole in that
6 Q Okay. 6 picture?
7 A Most people,most riders, I mean it is seventy 7 A Yes. It's liked it was something that was put into
8 percent front brake,thirty percent back. Most people really 8 the ground,like a former post office box post,pole.
9 on -- are only on their front brake because that's the 9 Q Okay. Right.
10 majority of your stopping power. 10 Did you see Tim hit that pole?
11 Q You had used the bike Tim was riding before. When 11 A I believe that he flew off and hit his back on that
12 was the last time that you rode it prior to the date of the 12 after he had gone over top of the car or hit the car and
13 crash? 13 rolled off of it or--that I cannot say for sure.
14 A Maybe a few weeks. 14 Q We will take things out of order. I will go back in
15 Q What was your sense of where he got his --most of 15 chronological order in a minute. But let's-- since we're on
16 his stopping power from? 16 this pole, let's go back to it.
17 A Same. It's usually the same on most bikes. 17 Now, you will see in Mohn 2 that the pole is lying
18 Q Front he got-- 18 on the ground,right? Do you know how it got on to the
19 A Front brakes. 19 ground?
20 Q Could you put a percentage on it? 20 A I am thinking he hit it and pulled it out of the
21 A 80/20. 21 ground.
22 Q You can't do a stoppie using just the rear brakes, 22 Q Tell us what you know. Don't guess.
23 can you? 23 A I don't know.
24 A No. 24 Q You don't know how it got where it was?
25 Q So the motion of his bike suggested to you that he 25 A No.
Page 19 Page 21
1 was doing--he was using the front brakes because he was 1 Q Fair enough.
2 using-- 2 Did the--the impact happens. You are avoiding it.
3 A (Witness nodding). 3 You see Tim do what you just described. And then what
4 Q Do you know if he used both? 4 happened? What do you do then after you are doing all of
5 A I cannot tell you. 5 this?
6 Q I would have to ask him? 6 A I get around the back end of his car. I parked my
7 A I would say that no. 7 bike. And Tim was laying in the grass gasping for air. And
8 Q You would say no? 8 they--the police were there pretty quickly. They called the
9 A I would say that he panicked and just tried to 9 life flight. I mean it all happened in --pretty quickly. I
10 engage the brakes and just hit what was closest to him. I 10 mean he was pretty panicked,pretty scared,not knowing what
11 mean you have to be very conscious. Most of the time you are 11 kind of internal injuries he could have.
12 not put into positions where you panic-- 12 Q Okay. There was one question that I wanted to ask
13 Q I understand. 13 you. Did you see the driver of the car do anything to avoid
14 A --to engage both. 14 the crash?
15 Q I understand that you're now trying to avoid this 15 A No.
16 crash yourself? 16 Q Did--
17 A Yes. 17 A It's almost--
18 Q Did you see what happened to Tim once the motorcycle 18 Q When you first saw the car,had it already started
19 and the car hit? 19 its left turn, or did it start that left turn after you first
20 A I saw him fly over the top of the car. I kind of 20 saw it?
21 got around there. He was laying there. I parked my bike,got 21 A I saw it and it was about a second or two,then it
22 off. And within seconds,I mean there was many police 22 had made its turn.
23 officers on the scene because it was obviously the municipal 23 Q Are you suggesting it was like really fast?
24 building. 24 A It was very fast.
25 Q There's been an allegation here that Tim hit a pole. 25 Q You saw the vehicle,then right away there was--he
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1 moved? 1 scene?
2 A From the position that I was in, I was probably 2 A I believe it was the detective,one or two
3 about fifteen feet away from him going in opposite directions. 3 detectives,and yes,I did.
4 And I came up over a little tiny ridge,not much. It was just 4 Q Okay. Gave them your name,told them--
5 an incline in the road. And I realized that he was there. 5 A Yes.
6 Then one, two seconds,boom,he turned left. 6 Q Did you tell them essentially what you told us
7 Q All right. Did he start to turn after you guys came 7 today?
8 over that ridge in what should have been within his range of 8 A Yes.
9 vision? 9 Q And in terms of the speeds,are you sure that you
10 A Yes. 10 gave them a range of speed as opposed to just a single number?
11 Q That you are clear on? 11 A I said between 35 and 45,45 being the max that we
12 A That I am clear on. 12 could have gotten up to.
13 Q Now, did you hear the driver of the car say anything 13 Q Okay. And could you have been going slower than 35?
14 about what happened or why it happened? 14 A Could have been.
15 A I --he just said -- he just had pulled his car into 15 Q All right.
16 the-- like along the entranceway to the municipal building 16 A I am going off the feel of the bike. I mean--
17 and kind of just kept his mouth shut. 17 Q Yes. Do you know what gear that you were in?
18 Q Fair enough. 18 A Second.
19 I trust that you were not injured in this incident, 19 Q Were you and Tim--I know that you were staggered.
20 correct? 20 Which part of the lane was Tim in,which part were you in?
21 A No, sir. 21 A Tim was in the right-hand side. I was in the
22 Q Is that fair? 22 left-hand side.
23 A Yes. 23 Q I will divide it into third.
24 Q Other than you have described how Tim was gasping, 24 A Okay.
25 did you say? 25 Q I am going to go right hand,middle and left.
Page 23 Page 25
1 A Yes. 1 A Okay.
2 Q Was he bleeding? 2 Q Can you describe it for me there?
3 A Not that I noticed, no. 3 A I was in the right hand more of the--
4 Q Okay. Did you provide any first aid to Tim at the 4 Q I thought that you said Tim was in the right hand.
5 scene? 5 Maybe I misheard you.
6 A I just kind of held his hand,told him,you know, 6 A I thought that you said that you were breaking the
7 help was on the way. 7 right hand lane into thirds.
8 Q Was he conscious? 8 Q I did. The right third, center third,and the left
9 A He was conscious. He was -- 9 third. I probably misheard what you said. Where were you of
10 Q Was he aware of his surroundings? 10 those-- in those third of lanes?
11 A Not completely sure. 11 A We were both about in the-- I was more on the
12 Q Why do you say that? 12 left-hand side of the right lane. Tim was more in the middle.
13 A Because he just-- the look on his face just looked 13 Q Thank you. That helps me. I probably misheard what
14 like he was more just hurting so much internally that-- 14 you said. My fault.
15 Q Do you think that he could appreciate the pain that 15 A That's all right.
16 he was in? 16 Q Okay. Was Tim pulling away from you?
17 A I am not sure if I understand the question. 17 A No.
18 Q Well, do you think he was in a state where he was 18 Q Were you having a hard time holding the bike back?
19 not conscious that he was hurt, or do you think that he knew 19 A Not from in front of a police station,no.
20 that he was hurt? 20 Q All right. All right. Okay.
21 A He knew that he was hurt. 21 Did you go to the hospital with Tim?
22 Q What leads you to say that? 22 A Later in the day I had showed up since I was--
23 A Because the look on his face just said everything. 23 Q How was he doing?
24 Q Fair enough. 24 A He was still sitting in the ER hours later. They
25 Now, did you talk to the police officer at the 25 hadn't really moved him. They had him in a neck brace.
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1 Q Was he able to converse in a reasonably intelligent 1 happened?
2 manner such that be knew what--where be was and who he was? 2 A No.
3 A Yes. 3 Q Okay. Have you and I discussed how this crash
4 Q All right. 4 happened before today?
5 A I had actually given him a helmet that morning to 5 A No.
6 wear. And-- 6 Q Have you discussed it with either Mr. Shipman or
7 Q Was he wearing a helmet? 7 Mr. Saul before today?
8 A Yes. 8 A No, sir.
9 Q Did he still have it? 9 Q All right. I am going to show you something we have
10 A Yes. 10 marked as Ross 4. Do you see that?
11 Q He was able to give it back to you and say-- 11 A Yes.
12 A I actually had bought a new one. I didn't--his 12 Q Do you see unit--I am going to just ask you to
13 other one,his old one was not up to par in my terms. So I 13 assume that unit one is Tim's motorcycle.
14 gave him this one. I said here,at least you have something 14 A Okay.
15 to protect your head. 15 Q And unit two is the car. Do you see unit two is
16 Q Understood. 16 still within its lane,then later on it appears to be out of
17 Did you ever serve in the military? 17 its lane?
18 A Yes,sir. 18 A Uh-huh.
19 Q You said negative. That's why I had to ask. What 19 Q Do you see that?
20 branch of the service were you in? 20 A Yes.
21 A Armed Forces,the Air Force. 21 Q You have to say yes.
22 Q And how many years did you serve? 22 A Yes.
23 A I did two and a half. 23 Q Okay. Which of those positions was that car closer
24 Q Any deployments? 24 to when you first saw it, straight in line with the road,or
25 A Yes. I was stationed actually in Europe in England, 25 the one where it was starting to make its turn?
Page 27 Page 29
1 and I was deployed to Germany and Turkey. 1 A In line with the road.
2 Q Okay. And we appreciate your service. 2 MR.SHOLLENBERGER: Okay. Thank you. That's all I
3 A Thank you. 3 have.
4 Q I know you probably hear that a lot,but we do. 4 BY MR.SHIPMAN:
5 A Thank you. 5 Q Mr.Ensminger,my name is Jeff Shipman. We met
6 Q Honorable discharge? 6 briefly before we got started.
7 A General discharge. 7 What was the purpose for your ride the morning that
8 Q What does that mean? 8 this accident happened?
9 A That means that I was taken out for medical reasons. 9 A Just a Friday ride,had taken the day off of work,
10 Q Okay. We're not going to get into those. 10 wanted to go out for a morning,afternoon cruise.
11 A General,under honorable. 11 Q Okay. And what--did you know where you guys were
12 Q Understood. 12 going to go?
13 We're not here to get into that. That's none of our 13 A There was--just towards York County from where Tim
14 business. 14 lives in the Camp Hill area. I mean it's just a lot of back
15 Do you know of any other witnesses to the crash 15 roads just to--kind of a lot of curvy back roads to just--
16 other than yourself? 16 you have to maneuver your bike around to the curves. That's
17 A No. 17 what a sports bike rider normally looks for,but--
18 Q Do you maintain --do you talk-- do you socialize 18 Q Were both of these bikes sports bikes?
19 with Tim now? 19 A Yes.
20 A Occasionally. I mean we have many mutual friends. 20 Q Had you ever been on this route before?
21 I mean I just recently saw him at a poker game. We-- 21 A I believe so. I believe we had been there
22 MR.SHOLLENBERGER: All right. Off the record. 22 previously.
23 (Discussion held off the record.) 23 Q If you could--
24 BY MR.SHOLLENBERGER: 24 A It's kind of like a route that we had gone in the
25 Q Have you talked to Tim at all about how the accident 25 past.
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1 Q So you had been on this route before? 1 A Yep.
2 A Yes, sir. 2 Q Do you believe Tim would have moved into second gear
3 Q Do you know how many times before you had been on 3 about the same time?
4 this road? 4 A Yes.
5 A Myself,maybe three. 5 Q When you moved into second gear,could you estimate
6 Q Does it eventually lead you through some wood areas 6 for me approximately how far that you were from the location
7 if you go beyond the Fairview Township Police Department? You 7 of the accident?
8 kind of go up and to the right through some wood area,then it 8 A Maybe one hundred yards.
9 kind of drops out to Route 382? 9 Q Now,there is a bit of a depression or dip in this
10 A I believe so. 10 road that you come up to before the impact?
11 Q And takes you down to the Pinchot Park area? 11 A Yes. Somewhat of an incline.
12 A Yes. 12 Q Where would you have switched into second gear in
13 Q They call that Space Highway. Have you ever beard 13 reference to that incline?
14 of that? 14 A Probably at the bottom of the incline,just as the
15 A Yes. 15 incline starts.
16 Q When you came up to--from Spanglers Mill Road and 16 Q Okay. Would you both have switched into second gear
17 you made--you were going to make a left on to 114,right? 17 at about that same location,do you believe?
18 A I am--I am trying to think here how the roads go. 18 A Yes,sir.
19 Q Just trying to back you up a little bit before the 19 Q Okay. And in terms of the position of you and Tim
20 accident. You--I believe that you testified that you and 20 on the roadway,Mr. Sbollenberger asked you based upon
21 Tim came up and came to a stop sign? 21 dividing the roadway into thirds,that lane that you were in,
22 A Correct. 22 as I understand it,you were both in the right-hand section of
23 Q You both stopped at that location? 23 the lane?
24 A Yes. I don't know the name of that road. 24 A We were both in the right-hand lane. He was more in
25 Q That's fine. 25 the middle. I was more on the left.
Page 31 Page 33
1 And then you made a left from that road to go on to 1 Q But were you both toward the right-hand side of the
2 114 to where the accident happened? 2 roadway?
3 A Correct. 3 A No.
4 Q You started out in first gear,both you and Tim? 4 MR.SHOLLENBERGER:No.
5 A Yep. 5 THE WITNESS: Left-hand side of the roadway.
6 Q And you made your left. And as I understand it,you 6 BY MR.SHIPMAN:
7 were basically riding kind of like in tandem together. Is 7 Q Both toward the left-hand side of the roadway?
8 that right? 8 A Yes.
9 A Yes. We had actually stopped at the stop sign, 9 Q So closer to the center,both of you?
10 flipped our helmets up,kind of conversed briefly,you know, 10 A Yes.
11 let's go this way. And we started on our way. 11 Q But you --
12 Q Okay. You started in first gear,you accelerated 12 A He was probably right on the center,and I was kind
13 from first gear up to second gear? 13 of right on the center line I guess.
14 A Yes. 14 Q Okay. All right. Well,that helps me.
15 Q Do you know approximately where on the roadway that 15 A Not over it,but like pretty much parallel with it.
16 you and Tim would have moved from first gear into second gear? 16 Q Okay. When you switched into second gear at the
17 A Normally moved from first gear,from first to second 17 bottom of that slight incline, is that the position that you
18 gear within twenty yards. I mean it's pretty quickly. I 18 believe that you were both in?
19 mean.... 19 A Yes.
20 Q What speed would you be at when you move into second 20 Q Okay. How far-- can you describe for me
21 gear,approximately? 21 approximately how far apart that you --the two of you were
22 A Usually 20,25 miles per hour. 22 from each other?
23 Q Okay. So within like you said 20 yards -- 23 A Maybe about three feet.
24 A Yes. 24 Q Okay. Were you side by side, or was he slightly
25 Q --you would have moved into second gear? 25 ahead of you?
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1 A I want to say that I was maybe like a foot ahead of 1 Q I believe that you testified that you saw it for a
2 him. And he was using hand signals. I was--we were more 2 second or two?
3 than --more side by side,but I feel like I was a little bit 3 A Yes.
4 ahead of him. 4 Q Before the impact?
5 Q Okay. Up to that point in time -- 5 A Yes.
6 A A few inches at most. 6 Q When you first saw it,you believe that it was going
7 Q Okay. I understand that you're doing your best with 7 straight?
8 this. So up to that point in time,had you seen the vehicle 8 A Yes.
9 that was coming the opposite direction? 9 Q Did you see--
10 A Once we started the incline,that's about when I had 10 A I expected him to pass me going the opposite
11 seen the vehicle. 11 direction. I did not expect him to make the turn into the
12 Q Well,go back to where you--at the bottom of the 12 police--the municipal building.
13 incline when you both just switched into second gear. 13 Q Okay. Do you recall seeing a turn signal?
14 Okay. At that point in time as you described the 14 A No.
15 location of the both of you on the roadway, at that point in 15 Q Do you recall the speed of that vehicle at all?
16 time,would you say that you were able to see the vehicle or 16 A The--looking at the car and what I remember,I
17 not yet? 17 would think that he was doing--I mean he seemed to be coming
18 A I'd say that probably into the incline is when I 18 up on us the same as we were coming up on him. I wouldn't say
19 started to. I mean I can't say that the incline was twenty 19 he was going extremely fast. I would say probably about the
20 feet, and then ten feet into the incline. That's when I 20 same speed that we were.
21 saw-- I know I was on the incline; whereabouts on the 21 Q Okay. You testified that you assumed that he was
22 incline,I cannot say for sure. 22 going to go passed you?
23 Q When you first saw him,were you now in second gear? 23 A Yes.
24 A Yes. 24 Q So you assumed that he was going to continue in his
25 Q And were you and Tim accelerating? 25 lane and go by you?
Page 35 Page 37
1 A Slowly,yes. 1 A Correct.
2 Q Why do you say slowly? 2 Q Do you believe that's what Tim was assuming?
3 A Because you don't have to do it fast,and there was 3 A I would think so,yes.
4 a police station right besides us. 4 Q In your motorcycle training, sir,were you ever
5 Q How did you know there was a police station? 5 given any instructions or any training whatsoever in terms of
6 A Because there was police cars out in front of it. I 6 what to do when vehicles coming the other direction,that--
7 am not one to try and like pull a wheelie or do anything 7 whether you should assume it's going to go straight or whether
8 stupid in front of a police station. 8 it might turn?
9 Q Okay. Did you see police cars there that day? 9 A No. You can't. I mean I was trained on how to do
10 A Yes. 10 quick stops and how to maneuver around things that are in the
11 Q Okay. Were you aware before you went down that road 11 road. But you can't be trained on how to predict someone's
12 that day that that was a police station? 12 actions.
13 A No, actually no. 13 Q Well,tell me about the training that you received
14 Q Okay. Do you know how fast that you were going as 14 in terms of quick stops and maneuvering around an object that
15 you were going up the incline while now in second gear? 15 comes in front of you.
16 A Obviously going up a hill you need to give a little 16 A Just quick--the training we were given was just
17 more gas to compensate for your speed. So I am going to say 17 on,you know,a lot of practice,repetitive practice on
18 we were probably at 30, 35 miles per hour. 18 someone maybe like coming out in front of us and knowing how
19 Q Okay. Were you continuing to accelerate as you went 19 to use both brakes instead of just panicking. Just a lot of
20 up the incline? 20 repetition,just to try and alleviate the panic.
21 A Yes. 21 Q Did you--do you believe that you were able to
22 Q And as you came to the top of the incline,is it at 22 alleviate the panic?
23 that point now that you could clearly see the car coming the 23 A Yes. I think I handled it very well.
24 other direction? 24 Q Okay. Do you believe that Tim did panic?
25 A Yes. 25 A Yes.
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1 Q Why do you say that you believe he panicked? 1 A Most times when you are going at higher rates of
2 A Because I don't think that he--I mean he was more 2 speed,like on a highway,you would probably have more of a
3 in a position to get hurt than I. I mean I could--as the 3 gap between you. But since we were doing I'd say in the area
4 guy turned right in front of us,I was able to get around the 4 of 30, 35 miles per hour at the point,it didn't seem like it
5 back end of him. He didn't really have anywhere to go but off 5 was that big of a deal being that close. I mean we were going
6 the road,go off the road to try and avoid the car or hit the 6 straight. We weren't going that fast. We didn't predict a
7 car dead on. 7 car to turn in front of us. So there is really--the way I
8 Q Did you see him try to go to the right? 8 looked at it,there was no risk.
9 A I think it happened so quickly,he didn't really 9 Q Couldn't you have been following him with him in
10 have a chance to think about it. I mean it was just kind of 10 front? Was that--
11 hit the brakes,try and stop the motorcycle,and that was when 11 A I could have.
12 the impact occurred. 12 Q Was than the intention,that you were going to be
13 Q When you made your attempt to go around or your 13 following him on this ride?
14 maneuver around the vehicle,at that moment when the vehicle 14 A Well,we had gotten up to be about parallel on the
15 turned in front of you and you made the maneuver,were you 15 road before he was going to take the lead,really. I mean I
16 still ahead of Tim,or was he ahead of you? 16 can pace with him before he actually takes the lead on a road
17 A Once I maneuvered around him,he hit the car. I 17 when we're only doing like 30 miles an hour.
18 made it around the back end of the car. 18 Q Well,you testified that you were going between 35
19 Q Between the time that you crested the hill,did Tim 19 and 45 miles an hour?
20 go in front of you? 20 A In the range of.
21 A No. 21 Q And the speed limit on this road was 35 miles an
22 Q Did he stay next to you? 22 hour. Were you aware of that?
23 A He stayed next to me,maybe even a few inches behind 23 A I figured it was probably in the ballpark of.
24 me. 24 Q All right. So the two of you were going over the
25 Q All right. 25 speed limit when this accident happened?
Page 39 Page 41
1 A If I am here,he's probably like this. 1 A We were doing probably around 35 miles per hour. I
2 Q Side by side? 2 said 45 at a max just knowing,you know,not looking directly
3 A Side by side,almost verbatim. 3 at my speedometer,but just knowing,you know,from previous
4 Q At one point you told me that as you were going up 4 riding and riding for ten years,that,you know,the
5 the incline,you were slightly ahead of him? 5 performance of my bike,how fast that I felt like I was
6 A Slightly ahead of him. We remained in that position 6 moving,that's about right.
7 to the point of impact,other than me getting around the back 7 Q How fast will your bike go in second gear?
8 end of the car. 8 A I could go--where are you are supposed to shift or
9 Q Do you think Tim accelerated up to the point where 9 how--like what is the ultimate--
10 he was beside you at or about the time of the impact? 10 Q Well,let's ask you that. Where would you typically
11 A No. No. There is really no way he could have. 11 shift into third gear? What speed would you shift?
12 Q Why is it that Tim was not able to make the maneuver 12 A About 30 miles an hour.
13 that you did since he was so close to you that--why couldn't 13 Q Did you shift into third gear?
14 he have applied the brakes the same way you--that you did 14 A No,I didn't shift into third gear.
15 and avoided the accident to the left? 15 Q Well,then how fast will the bike go in second gear?
16 A He would have risked turning into me. 16 A I could take it from second gear,I could probably
17 Q Did you see-- 17 take it up to 120 miles an hour.
18 A He couldn't predict what action that I was going to 18 Q Okay. How about Tim's bike,have you driven that
19 take. His only options were to try and,you know, I can't go 19 before?
20 left because I might smash into Kyle,or I might go right and 20 A Yes.
21 go off the road,or I might try and apply the brakes as 21 Q How fast can his bike go in second gear before he
22 quickly as I can in a panic situation and try and stop the 22 would need to shift into third gear?
23 motorcycle as quickly as I can before I make an impact. 23 A Probably around the same,maybe a little less.
24 Q Is that the risk that you run as a motorcycle 24 Q Now,this pole that Tim allegedly came into contact
25 operator when you run in tandem like that? 25 with,and which you point out in one of the exhibit here
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I today,you didn't actually see Tim hit that pole,did you? 1 seen that car that was involved in the accident?
2 A I saw him fly over the back of the thing and he kind 2 A From the base of the incline to the top of the
3 of hit his back,like he did like a roll off of the car and 3 incline,where about was I on the incline?
4 flew backwards and kind of hit his back on the pole. I don't 4 Q No. About how long is the incline itself? How long
5 remember the pole being out of the ground like that. But I 5 is that stretch of roadway from the base of the incline to the
6 remember him hitting it,rolling down off of the hill a little 6 top?
7 bit,and the pole still being in the ground and being bent. 7 A From what I can recall, I mean I want to say like
8 Q So it's your testimony that you actually saw Tim's 8 twenty,thirty yards maybe.
9 body come into contact with that pole? 9 Q And you said that the first time that you noticed
10 A Correct. 10 the car was I believe when you got right toward the top of
11 Q While you were maneuvering around this vehicle,and 11 that incline?
12 you saw-- 12 A Correct.
13 A Yes. I remember looking at him directly as I am-- 13 Q Was that because the incline was preventing you from
14 you know,I can do a lot of maneuvers without needing to look 14 seeing the car?
15 exactly at my bike and maneuver around. 15 A No. No.
16 Q How far would you estimate Tim's body went beyond 16 Q It was just because you had no reason to take notice
17 the impact with the vehicle to where the pole was located? 17 of the car?
18 A I would say maybe a good twenty feet. 18 A Correct.
19 Q Twenty feet? 19 Q You said initially that when you noticed the car,
20 A Yes. 20 you thought that he was just going to keep going straight?
21 MR.SHIPMAN: i think that's all I have. Thank you, 21 A (Witness nodding).
22 sir. 22 Q What made you think that he was going to keep going
23 BY MR.SAUL: 23 straight?
24 Q Mr.Ensminger,my name is Micah Saul. I just have a 24 A I didn't see a turn signal. I didn't--you know, I
25 couple questions for you. Earlier Mr. Shollenberger gave you 25 don't see a turn signal. Obviously,you know, I guess you
Page 43 Page 45
1 the opportunity to describe Tim's riding style. How would you 1 should never assume. I just--I did assume that he was just
2 describe your own typically? 2 going to demonstrate.
3 A Pretty aggressive. 3 Q Okay. And you classified his turn earlier as a
4 Q You are usually pretty aggressive? 4 quick turn. Do you mean that it was quick in terms of it was
5 A Yes. 5 unanticipated,or quick in terms of the speed he was going
6 Q What makes you say that? What do you mean by 6 while he was actually making the turn?
7 aggressive? 7 A Quick as in taking the turn quick,as in maybe he
8 A If I am by myself,I tend to go fast. 8 saw us and he wanted to try to get into the drive area before
9 Q Does that change at all when you are not by 9 we got by him. That I honestly don't know. I know that it
10 yourself? 10 was a quick turn. It was--and he--I don't know if he saw
11 A No. Most of the riders that I ride with kind of-- 11 us. I don't know. I mean he just--maybe he was late for
12 I would say honestly they keep me pretty tame. 12 work,he just turned in there quick because he was in a hurry.
13 Q Do you ever tend to push the other riders that 13 Q In your mind,is there any reason or anything that
14 you're with? 14 would have prevented him from seeing you and Tim?
15 A No,I don't. 15 A Not at the time,no.
16 Q Have them keep up with you? 16 Q Immediately prior to the accident,you estimated
17 A I don't push somebody with their bike more than they 17 that he was probably going about the same speed as you and
18 could ever handle. 18 Tim. You testified that that could be anywhere between 30 and
19 Q Earlier you testified that at the base of this 19 45 miles an hour. Is that correct?
20 incline right before where this accident occurred,that you 20 A Yes.
21 had shifted,you and Tim,at some point had shifted into 21 Q Okay. So--and you only saw his car for about one
22 second gear? 22 or two seconds?
23 A Correct. 23 A Correct.
24 Q Can you recall the distance from the base of the 24 Q As he was going through that turn,do you think that
25 incline to the top of the incline where you would have first 25 he was still probably about 35,40 going through that turn?
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KYLE ENSMINGER Multi-Page Tm
DECEMBER 13, 2011
Page 46 Page 48
1 A Maybe he applied his brake somewhat. I mean 1 couldn't go over to the right to avoid the accident?
•
2 thinking most people who are turning usually would apply some 2 A The way that this driveway is depicted to go in
3 brake factor,but I can't say for sure. 3 here,it's --from what I can recall,it's a lot bigger than
4 Q Did you hear his tires wheel squeal or anything like 4 what it actually was.
5 that as he was making the turn? 5 Q Okay.
6 A No. 6 A This was a grassy area. This was a grassy area.
7 Q After he had initiated that turn,was there anything 7 There was no way that he could come to a brake,a complete
8 he could have done to have avoided the accident in your mind? 8 stop to make a turn,and controlled turn to the right with--
9 A The driver? 9 with that amount of room. So he would have either went down
10 Q The driver of the car. 10 into this area or took a left and turned,risked turning into
11 A Once he had initiated the turn,unless he were to 11 me.
12 accelerate,extreme acceleration to try and then --no,or no, 12 By the time this gentleman had made it almost
13 not after initiating it. Once he was into it,he really would 13 parallel to the road,I was able to see an opportunity to get
14 have had to go full through it, or no,I don't really see any 14 around the back left-hand side of his car. Tim did not have
15 other options. 15 that--really have any opportunities of where to go. Risk
16 Q I'd like you to take a look at the diagram. 16 going off the road and losing control of your bike and wreck,
17 A If he would have braked,then I would have been the 17 risk wrecking into me, stopping your bike and kind of in a
18 one to hit him. 18 panic mode and trying to bring it to a stop before he made an
19 Q I would like you to take a look at the diagram here 19 impact as much as possible.
20 that we previously marked as Ross 4. On this diagram,could 20 Q And did--
21 you indicate-- 21 A I would have probably made the same judgment.
22 MR.SHOLLENBERGER:Wait a minute. Off the record. 22 Q Okay. Did the impact between Tim's bike and the car
23 (Discussion held off the record.) 23 occur in the right lane?
24 BY MR.SAUL: 24 A Yes.
25 Q Okay. Could you indicate on Ross 4 where your 25 Q Okay. Using that same third?
Page 47 Page 49
1 motorcycle would have been immediately prior to the accident? 1 A This being where the pole was at. This is where--
2 MR.SHOLLENBERGER:Object to the form. 2 right about the entrance area,because he flew down into this
3 BY MR.SAUL: 3 area. So I kind of made it around the back. He made the
4 Q You can go ahead. Mark it with an X,then put your 4 impact here, flew down into this area.
5 initials by it. 5 Q Using the same third that Mr. Shollenberger used
6 A Where my position is --is this bike assumed to be 6 earlier--
7 Tim's? 7 A Okay.
8 Q Well,let me ask you this. Does unit one accurately 8 Q --dividing the right lane. So we have got the left
9 represent where Tim's bike was in the roadway? 9 third,the middle third, and the right third of the right
10 A Maybe to the site, slightly more. 10 lane. Which third did the accident occur in?
11 Q Tim's bike might have been further to the right? 11 A I would say in the right third.
12 A Like right there. 12 Q So the car was almost all of the way into the right
13 Q Okay. Go ahead. Go ahead. 13 lane before the accident occurred?
14 A Myself,I might have been actually back a little 14 A Right.
15 further. This being him,being here,I was probably about 15 Q And did you have any opportunity to speak with the
16 right there. 16 driver of the car that was involved in the accident?
17 Q Okay. So-- 17 A No. More to Tim's aid to see if he was all right.
18 A Maybe slightly in front of him a few inches. 18 Q Other than Tim,did you speak to anybody else at the
19 Q All right. Why don't you go ahead,darken those 19 scene?
20 circles,put a T for Tim and K for Kyle. 20 A Other than one of the detectives,two of the
21 A (Witness indicating). 21 detectives that had come out.
22 Q Okay. In your mind,is there any reason why Tim was 22 Q Do you recall what conversation that you had with
23 unable to go off to the right side? Because my understanding 23 the detectives?
24 is he was in the middle third of the right lane,so he had an 24 A Quick, briefly asked me what happened. I mean they
25 entire third of the right lane. Was there any reason that he 25 were there in seconds. I was kind of shook up myself just
Page 46 - Page 49
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
EXHIBIT C
Multi-Page` KEITH SCOTT
• DECEMBER 13, 2011
Page 10 Page 12
1 Q When did you complete that course,approximately? 1 day?
2 A June of 1972. 2 A Yes, sir.
3 Q Any training in investigating accidents after that? 3 Q Okay. What was the weather conditions like on the
4 A No, sir. 4 date of the crash?
5 Q Just a whole lot of experience? 5 A I believe it was something like today. It was
6 A I would believe so,yes, sir. 6 sunny. The sun was out.
7 Q Twenty-five years worth? 7 Q Do you recall what time the crash happened, sir,
8 A Yes, sir. 8 approximately?
9 Q Okay. How long has the municipal building where-- 9 A Approximately a quarter to one.
10 that was adjacent to where this crash occurred,how long has 10 Q That would be in the afternoon, sir?
11 it been there? 11 A Yes, sir.
12 A The building was under construction as I was hired. 12 Q Now,you were --fair to say that you were not in
13 We didn't--we didn't occupy the building until 1972, late in 13 the course of your employment with the township at the time,
14 1972. 14 meaning you were not actively on township business at the
15 Q Fair to say that you reported to work there from 15 precise moment of the crash, is that correct?
16 1972 up till the time of this crash? 16 A That's correct.
17 A Yes, sir. 17 Q And although we didn't get interrogatory responses
18 Q Also fair to say there were occasions that you had 18 from your lawyer yet, I understand that you were on a-- from
19 to make a left-hand turn out of the building on to Route 114 19 others,you might have been coming back from lunch?
20 during-- 20 A I was coming back from lunch, sir.
21 A Yes, sir. 21 Q How long do you get for lunch?
22 Q During the 30, 40 years that you -- 22 A One hour.
23 A Yes, sir. 23 Q When were you due back to work?
24 Q Did you ever have an accident? 24 A If I was--I was due back one hour after I leave.
25 A No, sir. 25 Q Right. But when on that day,when were you due
Page 11 Page 13
1 Q Did you have occasion to turn left into the building 1 back?
2 on occasions prior to this and in the--from 1972 to November 2 A Around 12:30, 1:00 o'clock-- or quarter to one I
3 of 2008? 3 mean. I don't--we don't punch out when we go. If I go to
4 A Yes,sir. 4 work at eleven -- if I leave for lunch at 11:30 or maybe ten,
5 Q Did you ever have an accident? 5 twenty minutes later than that,then that's when my hour
6 A No,sir. 6 starts,when I leave.
7 Q Were you ever warned or anybody ever tell you 7 Q I understand that, sir, and I understood you to say
8 anything about to be--from the--either somebody that you 8 that. I was just trying to figure out on this day,what time
9 worked with at the township or who was your superior or 9 did you leave the building, what time that you were due back.
10 anybody else connected with the township that you should be 10 Do you recall?
11 careful making a left turn out of that township building if 11 A It was probably a quarter to twelve to quarter to
12 turning left onto 114,Lewisberry Road? 12 one then if that's the time of the accident.
13 A No,sir. 13 Q Okay. So you were close to the time that you needed
14 Q Did you ever have any training or anybody ever say 14 to be back?
15 to you,warn you to be especially careful about turning left 15 A Yes, sir.
16 into the building if you were--from Lewisberry Road during 16 Q Within minutes?
17 the time that you were employed? 17 A Yes, sir.
18 A No,sir. 18 Q What kind of car were you driving?
19 Q Okay. All right. 19 A I was driving a 19 -- 1999 Toyota Corolla.
20 Fair to say that you were very familiar with turning 20 Q What color was it, sir, if you remember?
21 left into the municipal building as of the time of this 21 A It was a-- I call it green.
22 accident? 22 Q We will go with that.
23 A Yes,sir. 23 A Some of them....
24 Q Okay. Fair to say that you probably made and turned 24 Q We will go with green. It's okay.
25 if not hundreds,maybe even thousands of times prior to that 25 A Okay.
Page 10 - Page 13
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
KEITH SCOTT Multi-Page rm
DECEMBER 13, 2011
Page 14 Page 16
1 Q Was anyone in the car with you at the time? 1 A No, sir.
2 A No, sir. 2 Q Did you feel well rested?
3 Q Was the car operating properly on the day of the 3 A Yes,sir.
4 crash? 4 Q Okay. What was your job with the township as of the
5 A Yes, sir. 5 date of the crash? What did you do for them?
6 Q So we're not -- we needn't like evaluate this crash 6 A I am a clerk in the building and zoning office.
7 from the standpoint of it being the condition of the car 7 Q Have you been doing that job since you stopped doing
8 causing or contributing to the happening of the crash? 8 police work?
9 A That's correct, sir. 9 A Yes, sir.
10 Q Left-hand turn signal work okay? 10 Q Are you still doing that now?
11 A Yes, sir. 11 A Yes, sir.
12 Q I notice you are wearing glasses today? 12 Q All right. Why don't we talk about the crash a
13 A Yes, sir. 13 little bit. So you are home. Tell me the route that you took
14 Q And am I -- is it fair to say that you were wearing 14 from home to get on to Lewisberry Road. You took this road to
15 them at the time? 15 that day,made that turn--
16 A Yes, sir. 16 A I live on Hillcrest Drive. At Hillcrest and
17 Q Okay. Do you need them to see near, far or both? 17 Pleasantview,I make a right.
18 A I am nearsighted. 18 Q You make a right on to Pleasantview from Hillcrest?
19 Q Okay. 19 A Yes.
20 A SO.... 20 Q Is there a stop there?
21 Q So that means you can't see near, but you can see 21 A Yes, sir. I take Pleasantview south to Fishing
22 far I think? 22 Creek Road. At the stop sign,I make another right. That
23 A Well, I --they're bifocal now anyhow when I -- 23 takes me up Fishing Creek Road to the top of the mountain.
24 Q You can't see far,but you can see near if you are 24 Now,at the top of the mountain,I make a right on to
25 nearsighted, is that right? 25 Staggerwalt Hollow Road. Then I take an immediate left onto
Page 15 Page 17
1 A Yes,that's what it is. 1 Ironstone Road.
2 Q Is that what you were diagnosed with? You were 2 Q Right on to Staggerwalt,left on to--
3 wearing glass for at the time--is that what you were wearing 3 A Ironstone.
4 glasses for at the time of the -- 4 Q Go ahead.
5 A Yes. 5 A And go down to the stop sign at Ironstone and
6 Q Sorry. I got that backwards the first time. Did 6 Lewisberry Roads. I make a right,and go east towards the
7 you have any issues with the sun on that day? 7 township building.
8 A No, sir. 8 Q What is the distance would you say from that right
9 Q By issues with the sun, I mean was the sun blocking 9 you make on to Lewisberry to the township building?
10 your vision of vehicles coming in the opposite direction on 10 A I would have to venture a guess. I really don't
11 Route 114 as you were about to make your left-hand turn into 11 know.
12 the building? 12 Q I don't want you to guess. Longer than a football
13 A No, sir. 13 field?
14 Q Okay. Where had you had lunch that day? 14 A Oh,absolutely,absolutely.
15 A At home. I go home for lunch. 15 Q Longer than a mile?
16 Q Somebody mentioned Fat Albert earlier. You didn't 16 A I believe--I believe it would be longer than a
17 have lunch at Fat Alberts? 17 mile,but less than two miles.
18 A No, sir. 18 Q Fair enough. And we know the speed limit on the
19 Q Whoever surmised, surmised incorrectly? 19 route is 35 miles an hour. Do you understand it to be that?
20 A No. 20 A Yes, sir.
21 Q Okay. I apologize for asking this. Did you have 21 Q After you made that turn,did you perceive any cars,
22 any alcoholic beverages to drink? 22 vehicles behind yours as you were going from--after you made
23 A No, sir. 23 your turn from Ironstone on to Lewisberry? During that mile
24 Q Okay. Had you taken any medications on the day of 24 to two miles up to the time of the crash, did you perceive any
25 the crash? 25 vehicles behind you?
Page 14 - Page 17
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
Multi-Pagel KEITH SCOTT
DECEMBER 13, 2011
Page 18 Page 20
1 A No,I didn't look or anything like that. 1 Q You proceed to make a left-hand turn?
2 Q You don't know one way or the other? 2 A Yes.
3 A No. 3 Q What happens then?
4 Q You don't know one way or the other? 4 A Then what happens then is Mr. Bennett went right
5 A Yes,sir. 5 across the hood of my car.
6 Q All right. Why don't you tell us then what you did 6 Q Okay. Was your first notice of Mr. Bennett his --
7 as you approached the municipal building up through--take us 7 him going across the hood of your car?
8 on to the--through the crash including the impact. 8 A Yes, sir.
9 A I come up to the--I stop on Lewisberry Road right 9 Q When you saw Mr. Bennett going across the hood of
10 at the intersection. And I look forward. I look back. And I 10 your car,had you already initiated your left-hand turn?
11 look forward. I look back using my rearview mirror. And then 11 A Yes, sir.
12 I made my turn into the parking lot. 12 Q How much of your car was in Mr. Bennett's lane when
13 Q That would be a left turn? 13 you appreciated Mr. Bennett flying over the hood of your car?
14 A Yes,sir,a left turn. 14 A That I couldn't tell you.
15 Q At some point in this sequence,did you turn your 15 Q Okay.
16 signal on left turn signal on? 16 A I don't know how much.
17 A Yes,sir. That I can say I did. 17 Q Was some of it?
18 Q Okay. And I put on my piece of paper F,B,F,B 18 A Some of it was,yes.
19 for forward,back,forward,back. 19 Q Just so we clear this up because I have heard--
20 A Uh-huh. 20 well, strike that.
21 Q You say you are looking forward for the traffic? 21 Are you prepared to offer an opinion as to how fast
22 A Out the windshield,yes. 22 Mr. Bennett was operating his motorcycle?
23 Q Front windshield. Then back through your rearview 23 A No, sir, I can't because I didn't see him.
24 mirror? 24 Q Did you see any other traffic coming in that
25 A Yes,sir. 25 direction at any time prior to seeing Mr. Bennett's motorcycle
Page 19 Page 21
1 Q Then again front? 1 coming over the hood of your --
2 A Yes, sir. 2 A I don't recall.
3 Q Then again back? 3 Q There has been some testimony that he was riding
4 A Yes, sir. 4 with another motorcyclist. Did you see one or two-- did you
5 Q Then you make your turn? 5 see one or two people? Did you--
6 A But I look forward when I make my turn. 6 A I didn't see any motorcyclist.
7 Q Okay. So we have another F, F, B, F, B, F? 7 Q You just saw a person?
8 A Yes, sir. 8 A Yes, sir.
9 Q When you look back--when you look forward the 9 Q You didn't even see the motorcycle?
10 first time,did you see any vehicles? 10 A No, I didn't.
11 A No, sir. 11 Q All right. So is it fair to say that you took no
12 Q When you look forward the second time, did you see 12 evasive action at all?
13 any vehicles? 13 A No, sir.
14 A No, sir. 14 Q Prior to seeing Mr. Bennett,because you didn't see
15 Q When you look forward the third time,did you see 15 him,is that fair?
16 any vehicles? 16 A I didn't see Mr. Bennett at all until he went across
17 A No, sir,I did not. 17 the hood of my car.
18 Q Okay. So you see no vehicles in front of you. You 18 Q Okay. Okay. I just got to look at something. I
19 are right at the intersection -- 19 will ask a few more follow-up questions.
20 A Yes, sir. 20 After you saw Mr. Bennett move across the hood of
21 Q --of the driveway into the township and Lewisberry 21 your car as you have described it,where did you focus your
22 Road? 22 attention?
23 A Yes, sir. 23 A I pulled the car into the parking lot and I called
24 Q Your left turn signal is engaged? 24 911.
25 A Yes. 25 Q Fair enough. What did you tell them?
Page 18 - Page 21
HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101
KEITH SCOTT Multi-Page
DECEMBER 13, 2011
Page 22 Page 24
1 A There was an accident involving a motorcycle. 1 for why you didn't see Mr.Bennett for the first time till he
2 Q Okay. 2 was flying over your hood? Would that explain that in your
3 A And people at the township building,they were doing 3 mind?
4 the same thing at the same time. 4 A If Mr.Bennett would have been in the dip,it might
5 Q Fair enough. 5 have.
6 And did you get--after you parked your car,did 6 Q Okay.
7 you get out of your car? 7 A But I can't--you know,like I say,I am not a
8 A Yes,sir. 8 reconstructionist.
9 Q What did you do? 9 Q I understand.
10 A I just stood back,let the people take care of 10 A I am not an engineer.
11 Mr.Bennett. 11 Q You were there. I wasn't there. You know,I am
12 Q Okay. Are you able to tell me at all how 12 just trying to get a sense of what you think.
13 Mr.Bennett looked or sounded after the crash? 13 I take it from what you say,that you didn't hear
14 A He was just laying on--to me it looked like he was 14 the motorcyclist?
15 laying on his left side in a bit of a fetal position I believe 15 A No, sir.
16 it was. 16 Q Before you saw Mr.Bennett going across the hood,
17 Q Okay. Did you hear him say anything at the scene? 17 fair?
18 A No. His friend I believe was on him in a heart 18 A Yes, sir.
19 beat. 19 Q Were the--it's November so were your windows down?
20 Q Understood. Did you hear his friend say anything? 20 A I think it was a rather nice,pleasant day that day.
21 A No. 21 The windows probably would have been down.
22 Q Fair enough. There is a pole that's become part of 22 Q Okay. Did you have a radio on or anything like
23 this case? 23 that?
24 A Yes, sir. 24 A No, sir.
25 Q And I am going to show you what has been marked Mohn 25 Q Okay. I will show you what's --well,I have some
Page 23 Page 25
I No.2. And this is the pole that I am--that-- 1 pictures here that previously were marked as Ross No.5. I am
2 A Yes, sir. 2 going to show you picture number E. Do you see that? Do you
3 Q That I am referring to? 3 see the E in the corner?
4 A Yes. 4 A Yes.
5 Q Did you see a pole that looked like--something 5 Q Do you see that?
6 like this anywhere in the vicinity of the accident? 6 A Okay.
7 A The pole was--has been there alongside of the road 7 Q Now,I am going to represent to you,that's --that
8 for a period of time,because Mr.Mohn's mail box was on that. 8 you see that piece of wood that's stuck in the ground there?
9 Then one day the mailbox is on his side of the road. 9 A Yes, sir.
10 Q Yes. 10 Q I am going to tell you that's not--obviously,not
11 A At the edge of his driveway,but this piece of black 11 this pipe. I had forgotten that the last question that I was
12 iron pipe stayed there. 12 questioning the witness. I was admonished for it. In any
13 Q Do you know why it was never taken out? 13 event,there is a wooden stick here. Can you appreciate
14 A No,sir,I do not know. 14 whether that--where the hole in which that wooden stick is
15 Q Do you know of any--I know that you worked a long 15 located,do you think that's where this pole that's in Mohn 2
16 time, so do you know of any crashes where anybody ever hit 16 was located?
17 that pole? 17 A Yes, sir.
18 A No, sir. 18 Q You don't know how long that it was there--
19 Q There has been talk about a blind spot for--that 19 A No, sir.
20 makes it difficult for folks to see traffic coming in the 20 Q --prior--without a mailbox on it prior to the
21 direction that Mr.Bennett would have been coming toward you. 21 crash?
22 Do you know about that blind spot? 22 A No, sir.
23 A At the point of the driveway,it's level for awhile 23 Q Okay.
24 and then it drops off. The road surface itself drops off. 24 A It was just above,just past this,there was a
25 Q Sure. Do you feel that that would have accounted 25 pipeline mark.
Page 22 - Page 25
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
Multi-Page m4 KEITH SCOTT
• DECEMBER 13, 2011
Page 26 Page 28
1 Q Do you know how it got out of the ground? 1 Q What's your assumption?
2 A I took it out,walked it over and threw it on his -- 2 A Mr. Bennett hit the pole. This portion of the pole
3 the front of his yard. 3 would have been in the ground.
4 Q When did you do that,sir? 4 Q You are referring to the portion of the pole that is
5 A The following day or the day after that. 5 in the--more toward the left-hand side?
6 Q Why did you do that, sir? 6 A The one that doesn't have the flange on it.
7 A Because Mr.Bennett's rolled into this pole and hurt 7 Q Then the flange would be the part that's up toward
8 himself,why should I leave that pole there where somebody 8 the right-hand side?
9 else could have rolled into it and hurt themself. 9 A Yes. That would have been where the mailbox was.
10 Q Understood. 10 Q The mailbox was. Okay.
11 Did you make Mr.Mohn aware of what you had done? 11 A Yes.
12 A No. No. No. 12 Q Could you tell that this pole was serving any
13 Q Okay. Have you ever discussed with him at all as 13 particular purpose where it was?
14 to-- 14 A No, it wasn't.
15 A No. I know who Chester Mohn is. We graduated from 15 Q It wasn't?
16 high school together. But I haven't spoken to him since 1965. 16 A No, sir.
17 Q Understood. Just--I am not trying to imply 17 Q Okay. How do you know that it wasn't serving some
18 something,just the way that you said that,I know who 18 purpose?
19 Mr.Mohn is. Is there something about Mr.Mohn that you know? 19 A Because there wasn't a mailbox on it any more.
20 A No,I am just--I recognized him. 20 Q Okay. How hard was it for you to pull it out?
21 Q Understood. I thought that's what you meant by-- 21 A It wasn't hard at all.
22 A That's about it. 22 Q How long did it take you?
23 Q I wanted to make sure. All right. 23 A How long is it?
24 Well,anyway,so you called 911. You think people 24 Q How long did it take you to pull it out?
25 in the township are doing that to-- 25 A Oh,just walked up and pulled it out.
Page 27 Page 29
1 A I know. 1 Q Okay. So did the police come to the scene?
2 Q Where was Mr. --was Mr. Bennett lying somewhere 2 A Yes,sir.
3 near the hole,the place where you thought the pole to be when 3 Q Okay. And did they talk to you?
4 you first-- after the crash? 4 A Yes, sir.
5 A It would have been -- 5 Q Now,we met Officer Ross this morning. Did you know
6 Q Can you point to it? 6 him before the crash?
7 A I am just trying to -- 7 A I know who he is,yes.
8 Q There is other pictures if you want to look at them. 8 Q Had you ever spoken to him before?
9 You can look at all of these. 9 A Yes.
10 A Probably about where--let's see. What I was 10 Q Okay. Did he know that you worked for the township
11 looking for was this scuffed up ground here. 11 at that point?
12 Q You are referring to photograph F? 12 A Yes.
13 A Yes, sir. 13 Q Okay. When he was talking to you,did he take any
14 Q Part of Ross 5, do you think that's where Mr. -- 14 notes?
15 there is a person's toe there, and then there is some dirt 15 A I know that it was a long time ago. You know,I
16 with no grass on it. Is that what you mean? 16 really don't know.
17 A Yes. I think it was a little dug up. 17 Q Okay.
18 Q Where Mr. Bennett was? 18 A I mean I gave him my narrative.
19 A Where Mr. Bennett was,yes, sir. 19 Q I am sure that you did. You didn't write anything
20 Q Do you know notice the pole was bent there? 20 out for him,did you?
21 A Yes, sir. 21 A Did I write anything out,no.
22 Q Do you know how the pole got bent? 22 Q Now, sometimes people give statements about crashes
23 A No. 23 and they get phone calls from somebody,and this person says
24 Q Okay. 24 well,I would like to take your statement over the phone and
25 A I can assume it,but I don't know for sure. 25 may I have your permission to do so. You will either say yes,
Page 26 - Page 29
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
KEITH SCOTT Multi-Page"1`
DECEMBER 13, 2011
Page 30 Page 32
1 you will no,you won't. Have you ever given any statements 1 Q Okay. Have you had any conversations with him since
2 like that? 2 then? .
3 A No. 3 A No, sir.
4 Q Have you handwritten any that you signed at the end? 4 Q Okay. Have you heard anything about how he's doing
5 A No. I think what I saw Officer Ross did. 5 other than from your attorneys? I am not allowed--you are
6 Q Yes, sir. 6 not allowed to tell me that,or don't tell me that actually.
7 A Was the--they have a notification of accident,in 7 Other than from your attorneys,have you heard
8 other words,information exchange. 8 anything about him or what he's doing?
9 Q Yes, sir. I am familiar with it. 9 A I don't know anything about the gentleman at all.
10 A That he did do. 10 Q You didn't know him beforehand,did you?
11 Q Okay. Other than that,you didn't see anything? 11 A No, sir.
12 A No. 12 Q Are you aware of any witnesses to the crash, sir?
13 Q Did you take any photographs of the scene, sir? 13 A No visual witnesses.
14 A Yes, sir,I did. 14 Q All right. Now,you mentioned that there was some
15 Q You did? 15 people from the township that came out to the scene?
16 A Yes, sir. 16 A I was told that there was some people that were down
17 Q Did you turn those over to your attorney? 17 what I call the lower area out by the detention pond,you
18 A Yes, sir. 18 might have heard him.
19 MR.SHOLLENBERGER: Off the record. 19 Q Who would they be?
20 (Discussion held off the record.) 20 A I have them on the list.
21 BY MR.SHOLLENBERGER: 21 Q You do. You have a written--
22 Q Do you still have those photographs? 22 A I have them on the list. But I can't tell you what
23 A Yes, sir. 23 their names were. One person was named Angie.
24 Q Okay. Will you get a set to your attorney so he can 24 Q Okay.
25 turn them over to me and Mr. Shipman? 25 A And then there was two other ones. I could--
Page 31 Page 33
1 A Sure. 1 Q What I would ask you to do,go back and find those
2 Q Great. 2 notes. Then you--
3 Other than taking photographs,why did you take 3 A I don't have any notes. I just have a list.
4 photos of the scene? 4 Q Did you find that list?
5 A Because it was an accident. It was an accident 5 A Yes, sir.
6 where somebody was hurt. 6 Q And then you can give that to your attorney and then
7 Q All right. And did you take any with the mind of 7 he can decide whether he wants to turn that over to us. I
8 trying to figure out where that pole was and why it was there? 8 think he probably will since we asked for people with
9 A No. 9 knowledge of the accident or its immediate aftermath.
10 Q Nothing like that? 10 Do they work for the township, did you say,these
11 A Nothing like that. I knew the pole was there. 11 people on the list?
12 Q Right. Do you know if anybody from the township 12 A Yes.
13 ever asked Mr. Mohn to move that pole? 13 Q They all do?
14 A That I couldn't tell you. 14 A Yes. Well,Angie doesn't work for the township any
15 Q Did you ever? 15 more.
16 A No. 16 Q But she did at the time?
17 Q The--I hope that you weren't hurt,were you? 17 A At that time.
18 A No, sir. 18 Q The other two folks do?
19 Q That's good. 19 A Yes.
20 Did you ever speak to Mr. Bennett at any time after 20 Q You just can't remember their names?
21 the crash? 21 A Yes.
22 A I had tried to contact him, I believe it was at 22 Q Fair enough.
23 least two or three times. And the last time I talked to him, 23 Now,other than the photographs and the list,did
24 he had related to me that he was in a doctor's office and he 24 you prepare any other documents that contain information
25 was just going in for his appointment. 25 regarding the happening of this accident?
Page 30 - Page 33
HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101
EXHIBIT D
GARY ROSS Multi-Page
DECEMBER 13, 2011
Page 6 Page 8
1 A Yes. 1 isn't on Ross 2?
2 Q Good. 2 A The only information on Ross 1 that is not on Ross 2
3 I am not here to pry into your medical background at 3 is a narrative regarding the request for information regarding
4 all other than to say is there any reason that you think of 4 this deposition and also just the police department
5 that you could not appropriately answer the questions that I 5 information. Everything else should be the same.
6 or my colleagues are going to ask you today,assuming that you 6 Q All right. I notice there is a supplemental
7 have heard them and understood them? 7 narrative on page four of four of Ross 1,which is the
8 A No. 8 incident report. Do you see that?
9 Q We don't want you to guess. I know that 9 A Yes.
10 recollections fade and this crash happened awhile back. So if 10 Q All right. I don't think that appears on Ross 2.
11 you are just guessing at something,I would prefer that you 11 Does it?
12 not do that. If you are using an estimate,you can tell us 12 A No.
13 you're estimating something. Just give us the basis for your 13 Q Okay. Did you prepare this supplemental narrative?
14 estimate. Do you understand that? 14 A No,I did not. It was the secretary.
15 A Yes. 15 Q Okay. Is that the Jane Burnett who is identified on
16 Q Thank you. 16 page four of four?
17 If you need to take a break at any time,let me 17 A Yes.
18 know. We have several exhibits to get through today so it 18 Q Okay. Fair enough. All right.
19 will be a little laborious. I will try to make it as smooth 19 Let me just take a minute to look through Ross 1.
20 as I possibly can and put together a record that we all 20 If I have any questions about it, I will ask you because it's
21 understand.But if you need to take a break,just let us know 21 the first time that I have seen it.
22 and we accommodate you. Do you understand that? 22 Looking at page one of one. I notice there is a
23 A Okay. 23 term received,then military time 1241. What does that
24 Q At the end of the deposition,I will give you some 24 received mean?
25 instructions about reading and signing the transcript. It's 25 A Received means it was the time I was dispatched and
Page 7 Page 9
1 completely your option. You can waive out of it or you can 1 received by me.
2 waive into it. But we will reserve that for the end. Do you 2 Q What does dispatch mean?
3 understand that? 3 A It's usually the same thing. Unless it was received
4 A Yes. 4 by the secretary and then it was dispatched to me,it would be
5 Q Do you need me to repeat any of the instructions 5 different. Since I received both and dispatched to both, it's
6 that I have given you? 6 the same.
7 A No. 7 Q Arrive means what?
8 Q Good. 8 A The time that I arrived on scene calling out to
9 You have brought some things with you today, 9 county control.
10 correct? 10 Q What does clear mean?
11 A Yes. 11 A The time that the accident scene was cleared,and I
12 Q And I have marked---we have premarked some things/ 12 cleared my status as being available for more calls.
13 one is marked Ross 1. Do you have in that front of you? 13 Q So to summarize,those four columns,you received a
14 A Yes, I do. 14 call about this --the crash that we're here talking about at
15 Q Is that one of the things that you brought today? 15 12:41 p.m. You were --because you received the call, you
16 A Yes,ma'am. 16 just went directly. When you received that call also at
17 Q What is that? 17 12:41,you arrived at the scene at 12:44 p.m.,and you left
18 A That is the Fairview Township police incident 18 the scene,if you will, at 1:25 p.m.?
19 report. 19 A Yes.
20 Q Okay. And what is Ross --you brought another 20 Q Got it.
21 document I think that's been marked Ross 2. Is that correct? 21 All right. Where was the scene? What was the
22 A Yes. 22 address or location?
23 Q What is that? 23 A It was the--
24 A That is a PennDOT crash reporting form. 24 Q Location?
25 Q All right. Is there information on Ross 1 that 25 A Five hundred block of Lewisberry Road, directly in
Page 6 - Page 9
HUGHES_ ALBRIGHT. FOLTZ & NATALE 717-540-0220/717-393-5101
GARY ROSS Multi-Page TM
DECEMBER 13, 2011
Page 14 Page 16
1 traveling with another motorcycle friend behind him. 1 struck a metal mailbox pole. Do you see that?
2 Q Who was that? 2 A Yes.
3 A That I am not sure. 3 Q Is that metal mailbox pole drawn anywhere on Ross 4,
4 Q Well,you can look at your police report if it helps 4 either the diagram,the diagram that you drew?
5 you or Ross 1. Would that be Kyle Ensminger? 5 A No.
6 A I believe so. I am not one hundred percent sure, 6 Q Okay. Let's see if we can place it somewhere on
7 but I believe so. 7 that diagram,if we can.
8 Q Okay. Well -- 8 Let's --before we do that,let's see if we can
9 A I am trying to look at his role as a witness. 9 identify it. Now,I have an exhibit that was previously
10 Q I am going to show you Ross 1,page two. Does 10 marked Mohn 2. Do you see the back?
11 looking at that refresh your recollection as to whether 11 A Yes.
12 Mr. Ensminger was the other motorcycle operator? 12 Q Alright. Now,does that--do you recognize the
13 A Other than being a witness,there is nothing on here 13 pole in that photograph as the one that was the pole
14 indicating,but I do believe that that was the other-- 14 referenced in the last sentence of the narrative report that
15 Q Did you list any other witnesses on the police 15 you did of this accident?
16 report other than Mr. -- 16 A No.
17 A No. 17 Q Okay. Why not? Why can't you make that connection?
18 Q -- Ensminger,either Ross 1 or 2? 18 A Because I was not the person treating Mr.Bennett.
19 A No. No. 19 All of the medics and the EMT personnel were in that area.
20 Q Okay. Fair enough. 20 And while they were treating Mr.Bennett,I was getting
21 Now,going back to the diagram. We have marked that 21 related information from the fire chief about the extent of
22 as Ross 4. Do you have Ross 4 in front of you? 22 his injuries and what they were doing with him. And I was
23 A Yes. 23 more concerned with traffic control and getting witness
24 Q All right. Now,there is-- appears to be a mailbox 24 statements and information. And I never did get to see the
25 in that--on that diagram. Do you see it? 25 actual pole that was --that Mr.Bennett supposedly hit. So
Page 15 Page 17
1 A Uh-huh. 1 that's why I don't recognize the pole.
2 Q All right. Is that a yes? 2 Q Fair enough. That helps me and helps us and answers
3 A Yes. 3 my question.
4 MR.SHOLLENBERGER: Okay. Now-- off the record. 4 A Okay.
5 (Discussion held off the record.) 5 Q Now, obviously you reference it in your narrative.
6 (Photographs produced and marked Ross Exhibit No. 6 So who was --who or what was the source of the information
7 5.) 7 that caused you to write the driver of unit one then rolled
8 BY MR.SHOLLENBERGER: 8 off the hood and struck metal mailbox pole?
9 Q Now,I am going show you Ross 5,photograph A. Do 9 A The fire chief.
10 you-- I am going to direct your attention to what appears to 10 Q All right. Who is that?
11 be a blue mailbox. 11 A That would be Chief Eric Hawkins.
12 A Yes. 12 Q All right. Common spelling?
13 Q Do you see it? 13 A E-r-i-c. H-a-w-k-i-n-s. Yes. H-a-w-k-i-n-s.
14 A Yes. 14 Q He's the fire chief of what department?
15 Q Is that the mailbox that you have drawn on Ross 4? 15 A Fairview Township Fire Department.
16 A Yes. 16 Q Is he still the fire chief?
17 Q All right. Very good. 17 A Yes.
18 Now, let's turn to your narrative that's part of 18 Q Do you suspect that he would know--would be able
19 Ross 2,the Commonwealth of PA report. 19 to identify the pole if he saw it in a photograph?
20 I believe that is on page six of eight. Do you have 20 A Yes.
21 that? 21 Q All right. Now,you will agree with me that the
22 A Yes. 22 pole that is depicted in Mohn 2 is laying on the ground?
23 Q Okay. Now, I direct your attention to the last 23 A Yes.
24 sentence of the first paragraph of that narrative. I will 24 Q Do you know how it--why it's on the ground?
25 read it. The driver of unit one then rolled off the hood and 25 A No,no idea.
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HIJGHES_ ALBRIGHT_ FOLTZ &NATALE 717-540-0220/717-393-5101
Multi-Page GARY ROSS
• DECEMBER 13, 2011
•
Page 18 Page 20
1 Q In other words,you don't know how it got from where 1 do and this happened a long time ago,but I still need to ask
2 ever it was to be in the position that it is depicted in 2 you.
3 photograph two? 3 A Yes.
4 A No. 4 Q Can you tell us as you sit here today who any of
5 Q All right. Fair enough. 5 those people were?
6 Now,going back to Ross 4. There -- can you place 6 A Tammy Jones was one of them.
7 on Ross 4 the location of the pole that Mr. Bennett allegedly 7 Q Who is she?
8 struck? 8 A She's the township secretary.
9 A Do you want me to draw on there? 9 Q Okay. Anybody else that you can recall?
10 Q I do. 10 A Oh,I can't recall anybody else off the top of my
11 A Okay. Somewhere in the vicinity. 11 head.
12 Q Can you put an X and circle it? 12 Q Fair enough.
13 A (Witness complies). 13 Now,when you arrived at the scene,where was
14 Q And put an arrow to it and write pole? 14 Mr. Scott?
15 A Pole. 15 A Mr. Scott had his vehicle pulled over and parked in
16 Q And the witness has complied. Thank you. 16 the driveway to the township building,and he was standing
17 And you were going to --you were already starting 17 there with his vehicle.
18 to say something about the vicinity. Could you finish your 18 Q All right. And without regard to looking at your
19 answer,please? 19 report itself,can you ieuiember what Mr. Scott told you at the
20 A When I say the vicinity, I don't know exactly 20 scene?
21 because,like I said,the amount of emergency personnel that 21 A I--Mr. Scott told me that he left on his lunch
22 were there and already on the scene prior to my arrival,I 22 break. I believe he went to Fat Alberts.
23 didn't get to see exactly where that was. And by the time I 23 Q Okay.
24 was finished doing my whole report and left the scene, I still 24 A That was --it's really the only place go to for
25 didn't -- like I didn't document on here because I didn't know 25 lunch in that direction. And when he came back from lunch,he
Page 19 Page 21
1 where it was. 1 said he came to a complete stop before turning left into the
2 Q All right. Now,Mr. Bennett himself,where was he 2 driveway. And then he proceeded to turn left. And then he
3 when you arrived at the scene? 3 said the motorcycle just came up over the crest there out of
4 A He was somewhere over here on the ground where they 4 no where and struck the front of his vehicle.
5 were working. 5 Q All right. Now,was there any physical evidence at
6 Q I will note for the record that the officer circled 6 the scene that allowed you to establish a point of impact,
7 with his finger pretty much the same location where he drew 7 initial point of impact between Mr. Scott's vehicle and
8 the X for the pole. Am I correct? 8 Mr. Bennett's motorcycle?
9 A Yes. 9 A Not that I recall.
10 Q All right. So in other words, Mr. Bennett's body 10 Q Is it fair to say that you do not have the point of
11 was in the vicinity of the pole? 11 impact depicted on your diagram?
12 A Yes. 12 A That's correct.
13 Q When you got to the scene? 13 Q And why don't you?
14 A Yes. 14 A Because I didn't find any evidence of that.
15 Q Were there already people with Mr. Bennett near the 15 Q Okay. It appears that you have Mr. --you correct
16 pole when you arrived at the scene? 16 me if I am wrong,it appears that you have--well, strike
17 A Yes. 17 that.
18 Q Who were they, if you know? 18 There is this open ---there is two lines that go
19 A There were township employees and--that were out 19 from the left side of the paper to the right side of the paper
20 there. And I think there was like --not an off duty,but a 20 that looks like to be a-- some kind of road or street,but
21 volunteer firemen that has EMT certification was there. So 21 doesn't tell us what it is. What is that?
22 there were people tending to him. I am not--I don't recall 22 A That's the driveway to the rear of the township
23 if there was EMS on scene already or not by the time I got 23 building.
24 there. But there was a large number of people over there. 24 Q All right. Write that on there so we know what it
25 Q Okay. I understand that you had a lot of things to 25 is.
Page 18 - Page 21
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
GARY ROSS Multi-Page'`
DECEMBER 13, 2011
Page 22 Page 24
1 A (Indicating.) 1 A Yes.
2 Q Thank you. The witness has complied. 2 Q All right. Why did you put twenty-eight in block
3 Now,there is another person who is referenced in 3 one of block 18--
4 the incident report,Mr.Mohn,as being a property owner. Was 4 A I got it.
5 Mr.Mohn at the scene? 5 Q --of the Commonwealth of Pennsylvania police crash
6 A That I do not know if he was. 6 reporting form? Why did you do that?
7 Q When I say at the scene,I mean between 12:41 a.m. 7 A Well,being that when I was first--when I first
8 till 1325 when you cleared it? Did you understand me to mean 8 got employed by the township police department,and our police
9 that? 9 station was located at that address,that is the driveway in
10 A Yes. Yes. 10 the--on Ross 4 Exhibit. It is the driveway that we used our
11 Q All of these questions are in that time interval. 11 patrol cars to come and go from the township building. So as
12 A Correct. 12 part of my field training,we were specifically instructed
13 Q All right. 13 that--to be very careful when pulling out of that
14 A I do not recall him being there. 14 intersection because of looking to the left. There is--and
15 Q Did you know Mr.Mohn before this? 15 I want to say a--not a crest,but a--there is a little dip
16 A No. 16 in the road that creates a blind spot for a split second. So
17 Q All right. Do you know--you drew a mailbox on 17 when you look--they told us,you know,when you look left,
18 here that you have identified here being Ross No.4,your 18 then you look right,make sure you look left again before you
19 diagram that you drew. Do you know whose mailbox that was? 19 pull out because it's very common for vehicles to speed in the
20 A No. 20 five hundred block of Lewisberry Road,which is when we
21 Q All right. Did anyone ever tell you why the pole 21 actually have a speed zone set up there. So that's why I said
22 that Mr.Bennett allegedly struck was where it was? 22 there as possible environmental or roadway factor would be
23 A Yes. 23 that blind spot on the--it would be the east side of the
24 Q Who was that or who told you that? 24 driveway.
25 A I don't recall who told me,but what I was told is 25 Q And if you were pulling out,this is hypothetically,
Page 23 Page 25
1 that it's an old mailbox post that belonged to Mr. Mohn who 1 if you were pulling out making a left-hand turn from the
2 moved the mailbox to the other side of the street but never 2 driveway to the rear of the Fairview Township building on to
3 removed the original pole. That's all I know. 3 Lewisberry Road, if you were making that left turn,
4 Q But you don't know who told you that? 4 Mr. Bennett would have been coming from your left?
5 A No. 5 A Correct.
6 Q When were you told that? 6 Q Okay. But Mr. Bennett was not coming from
7 A Had to have been within the time of when I completed 7 Mr. Scott's left,was he?
8 this accident report. So I would say within a day or two. 8 A No. He was just coming in the opposite direction.
9 Q Okay. Where were you when that-- 9 Q Right. Okay.
10 A I believe I was on scene when somebody told me that. 10 Now, I will turn your attention to an unnumbered
11 Q Okay. Male or female? 11 block on the opposite side of that same page. That refers to
12 A That I don't know. 12 driver action.
13 Q Fair. Did you ever follow up with Mr. Mohn to 13 A Yes.
14 figure out why the pole was there? 14 Q Now, for unit one,which was --Unit 1,was that
15 A No. 15 Mr. Scott or Mr. Bennett?
16 Q Let's go back to-- I know I am jumping around. I 16 A Mr. Bennett.
17 apologize for that. 17 Q And you filled in block one of that driver action
18 A That's okay. 18 block as 00 for Mr. Bennett. Correct?
19 Q Let's go back to Ross 2. I want to go to page five 19 A Correct.
20 of eight. I want you to go to block 18. 20 Q What does that correspondence to?
21 A Okay. 21 A There was no obvious violations of the law or direct
22 Q In block No. 1 of block 18,you have a twenty-eight. 22 evidence that he had any contributing action.
23 Correct? 23 Q So the block read no contributing action?
24 A That's correct. 24 A Correct.
25 Q That corresponds to what other roadway factor? 25 Q That would include excessive speeds, correct?
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HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
GARY ROSS Multi-Page
DECEMBER 13, 2011
Page 30 Page 32
1 was a reliable source documenting and telling me that that is 1 mailbox?
2 -- could have been contributing to the injuries,that's why it 2 A I am looking. Do you want to point it out for me?
3 was added to this report. 3 Q Sure. (Indicating.)
4 Q Who was the reliable source? 4 A Okay.
5 A The fire chief,Eric Hawkins, and EMT personnel. 5 Q Does that help you to determine whether the driveway
6 Q Okay. And you can't remember-- I apologize, I 6 is on the proper side of the diagram?
7 think I asked you this. 7 A Yes. North and east is wrong.
8 A That's okay. 8 Q Okay. So the northeast is wrong,that's what you
9 Q You weren't able to tell me who those EMS personnel 9 were looking at?
10 were,were you? 10 A At first so I could orient myself,yes.
11 A No. I don't know. 11 Q Understood. So if we took the northeast out of
12 Q Okay. Fair enough. That's -- did you cite 12 there,that helps you then?
13 Mr. Scott? 13 A Yes.
14 A No, I did not. 14 Q And the location of the -- so is the new mailbox on
15 Q Why not? I thought that you said it was an obvious 15 the proper side of the road?
16 violation black or white. 16 A Yes.
17 A Well, it's police office's discretion if they want 17 Q And look where it says old mailbox hole. Do you
18 to cite somebody or not. Due to the fact that I was aware of 18 see, is that on the proper side of the road?
19 that potential blind spot as being a possible factor,to me, 19 A Yes.
20 it wasn't a sure cut and dry you are at fault. That's why I 20 Q Okay. Now,what was the distance from this
21 left it without a citation. 21 so-called dip to the place where you drew unit one in the
22 I couldn't determine from my own comfortable 22 intersection of Lewisberry Road and the driveway? What was
23 standpoint from the evidence and testimony from everything 23 the distance from the dip to the Unit 1? And I am talking
24 that it was solely Mr. Scott's fault. Because of only my own 24 about the place on unit one that's--where you have the unit
25 previous knowledge of knowing that intersection and how that 25 one in the intersection itself. What was that distance?
Page 31 Page 33
1 blind curve comes into play,that's the only thing,the only 1 A I will estimate approximately--well, approximately
2 reason he was not cited. 2 a quarter mile,maybe less,maybe an eight of a mile.
3 Q Maybe the township should have been at fault for 3 Probably an eighth of a mile.
4 having a dangerous road? 4 Q Okay. So 5,280 feet divided by 180?
5 A I don't know. 5 A Correct.
6 Q Strike that question. 6 Q So at least an eight of a mile before the point on
7 But the fact of the matter is, Mr. Scott wasn't 7 your diagram where you have Unit 1 last drawn --
8 making a left turn --I mean Mr. Bennett wasn't coming from 8 A Yes.
9 Mr. Scott's left as he was making a left turn out onto the 9 Q --prior to impact?
10 road? 10 A Yes. Yes.
11 A No. 11 Q He would have been passed that curve for one-eighth
12 Q Okay. Anyway, let's go to Ross 3. Do you have that 12 of a mile. The motorcycle would have passed the --gotten to
13 in front of you? 13 the curve-- strike that. Strike that. I am not asking that
14 A Yes. 14 very well.
15 Q That's the hand drawn diagram. 15 There is a distance of one-eighth of a mile from the
16 Now,I understand that you didn't draw that out. 16 --what you call the blind spot until where you have unit one
17 But do you see where the township driveway is? 17 last drawn on your diagram in the intersection?
18 A Yes. 18 A No. I am referring to one-eighth of a mile as the
19 Q Did the author of this particular diagram that's 19 beginning of where the blind spot begins.
20 been marked Ross 3 have the township driveway on the proper 20 Q Okay. Did you ever figure out when the motorcycle
21 side of the road? 21 would have been first visible to Mr. Scott?
22 A Doesn't appear so. 22 A No. I did not go in depth as far as reconstructing
23 Q It doesn't? 23 the scene.
24 A Not with the north. 24 Q You don't know that,is that fair?
25 Q Well,look where the new mailbox is. Do you see new 25 A No,no.
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HUGHES. ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
Multi-Page' GARY ROSS
DECEMBER 13, 2011
Page 34 Page 36
1 Q You just know that blind spot starts about an eighth 1 perceived Mr. Bennett before he initiated his turn?
2 of a mile-- 2 A I don't understand the question.
3 A Yes. 3 Q Well,do you know what perception reaction time is?
4 Q --back from where you have last drawn Unit 1 -- 4 A Yes.
5 A Yes. 5 Q Well,when I use the word perceive, I am referring
6 Q -- on the diagram,last being within the 6 to whether he perceived Mr. Bennett and his motorcycle at any
7 intersection? Do you believe that Mr. Bennett's motorcycle 7 time before initiating his left turn?
8 was within the intersection when the impact occurred? 8 A No.
9 A Yes. 9 Q Did he?
10 Q Why do you--what do you base that on? 10 A Did he perceive?
11 A I based that on the testimony of Mr. Scott advising 11 Q Yes.
12 that he was turning left and proceeded at the --to turn left 12 A No.
13 when the unit--when the motorcycle came into contact with 13 Q He didn't?
14 his vehicle. Obviously, if unit two had not started turning 14 A No.
15 left,there would not have been any contact. 15 Q Okay. Well, clearly Mr. Bennett was passed the
16 Q Now,was unit two within the intersection when the 16 blind spot when Mr. Scott initiated his left turn,wasn't he,
17 impact occurred-- 17 given that the blind spot is an eighth of a mile back from the
18 A Yes. 18 place where you have Mr. Bennett's motorcycle last drawn?
19 Q --with Mr. Scott's vehicle? 19 A It would depend when Mr. --it would depend on the
20 A Yes. 20 speed of the bike from the point of where Mr. Bennett's
21 Q And you have drawn Mr. Scott's vehicle as already 21 motorcycle could first be observed.
22 being in the process of a left turn when the impact occurred. 22 Q Okay.
23 Is that correct? 23 A So the distance between that and the intersection
24 A Yes. 24 would determine that.
25 Q Your source,your source of that was Mr. Scott 25 Q Fair enough. Fair enough. Fair enough.
Page 35 Page 37
1 himself? 1 Did you do a crush evaluation of either vehicle?
2 A Yes, and the damage, damage to Mr. Scott's vehicle. 2 A No.
3 Q Where was the damage located, sir? 3 Q We can determine speed from that, can't we?
4 A On the front left. 4 A Yes,we can.
5 Q Did you measure the throw distance? 5 Q All right. Did you cite Mr. Bennett for anything?
6 A No. 6 A I cited neither operator.
7 Q Wait,you have to let me finish the question. 7 Q Right. I know that. But you already answered as to
8 A I am sorry,complete your question. 8 Mr. Scott. I just wanted to make it clear.
9 Q That's okay. 9 And now, Mr. Ensminger, did you talk to him at the
10 Did you measure the throw distance for Mr. Bennett 10 scene?
11 from the --where you felt the point of impact might be to 11 A Yes.
12 where he landed? 12 Q Did you put anything in here about what he told you?
13 A No, I did not. 13 A The only thing that was added to the accident report
14 Q All right. Because we can reconstruct speed from 14 which is Ross 2?
15 throw distance,can't we? 15 Q Yes. Ross 2. Is there anything about Mr. Ensminger
16 A Yes,we can. 16 in your narrative report?
17 Q Did you see any skid marks at the scene from either 17 A Not in the narrative itself,no.
18 vehicle? 18 Q Okay. And why is that?
19 A No. 19 A The only information that he contributed when I
20 Q All right. So you saw no skid marks from 20 asked him how fast they were traveling--
21 Mr. Scott's vehicle? 21 Q Yes.
22 A No. 22 A He said 40 mile an hour.
23 Q Correct? 23 Q And what is --
24 A Correct. 24 A That was added to the accident report.
25 Q What does that suggest to you as to whether he 25 Q I am sorry,I didn't find that. Where is that, sir?
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FTTT(iI-WS AT.RRTGTTT_ FOT.TZ Rr.NATALE 717-540-0220/717-393-5101
GARY ROSS Multi-Page`
DECEMBER 13, 2011
Page 46 Page 48
1 over reading and signing with you. I appreciate you answering 1 A Well,that, and every year things change with snow
2 the questions. 2 plows and signs going down and get--never getting erected,
3 A No problem. 3 so I don't know.
4 BY MR.SHIPMAN: 4 Q Okay. In your investigation of this accident,did
5 Q Officer Ross,my name is Jeff Shipman. I represent 5 you see any indication that there was any attempt by the
6 Mr.Mohn in this lawsuit. 6 motorcycle operator to avoid the impact,either by skid marks
7 Earlier you mentioned that you were told to be 7 or some sort of marking on the roadway to turn left or right
8 cautious about making the turn out of the driveway from the 8 to avoid the accident? Did you see any physical evidence on
9 township on to Route 114. 9 the accident scene to indicate any attempt to avoid the
10 Was that a discussion that you had shortly after you 10 accident?
11 arrived at the Fairview Township? 11 A No.
12 A Yes. 12 Q There were no skid marks by the motorcycle that you
13 Q When do you remember that? 13 saw?
14 A During my field training which was within the first 14 A Not that I recall.
15 six months, so it would have been usually probably within the 15 Q Did you see any physical evidence indicating that he
16 first month when I first started driving there. 16 attempted to go left or right to avoid the accident?
17 Q Do you remember who it was that gave you that 17 A No.
18 advice? 18 Q Now,the pole that was referred to as being owned by
19 A Yes. It was Officer Tyson Baker who was the field 19 Mr. Mohn,okay, are you aware of any prior complaints to the
20 training officer. 20 township,the police department or the township generally
21 Q Is he still with the township? 21 about that pole?
22 A Yes. 22 A I am not. I am not aware,no.
23 Q Have there been other motorcycle accidents at this 23 Q Are you aware of any accidents,prior motor vehicle
24 intersection that you're aware of? 24 accidents prior to November of 2008 involving that pole that
25 A Not that I personally was--am aware of. But I 25 we have been talking about, Mr. Mohn's pole?
Page 47 Page 49
1 believe that there had been in the past. 1 A I am not aware of any.
2 Q Do you know where there would be record of those 2 Q Did anybody ever tell you at or about the time of
3 prior accidents prior to November of 2008? 3 this accident when the pole was referred to by a township
4 A Fairview Township Police Department would have that 4 representative,did that person or any other person say that
5 on file somewhere in the--in their old reporting system. 5 there have been any other accidents or complaints about that
6 Q Would they be the police officer--the police 6 pole that you're aware of?
7 department that would report--respond to an accident at that 7 A Not that I am aware of.
8 location? 8 MR.SHIPMAN: [think that's all I have,Officer.
9 A Yes. Yes. 9 Thank you.
10 Q Are you aware of any complaints to Fairview Township 10 BY MR.SAUL:
11 about the location of this accident? 11 Q Officer,Micah Saul. I represent Keith Scott. I do
12 A No,I am not aware. 12 have a few questions for you. And first,I guess I kind of
13 Q Okay. The speed limit at this location,legal 13 want to clear up some things regarding that blind spot. I
14 posted speed limit I believe is 35 miles per hour. I know 14 think I might be misunderstanding something things.
15 from experience driving around roadways in our area,sometimes 15 Now,we know from your testimony previously that you
16 at a curve or a crest of a hill,there might be advisory 16 were instructed as you're turning out of the driveway and on
17 posted speed limits, smaller yellow signs sometimes attached 17 to Lewisberry Road from the municipal building--
18 to other speed limit signs. Do you know at this area, 18 A Yes.
19 Officer,whether or not there is a posted advisory speed limit 19 Q --that you should be cautious of the blind spot
20 that might be less than the posted speed limit of 35 miles per 20 which would be to your left?
21 hour? 21 A Yes.
22 A I don't believe so,but I am not one hundred percent 22 Q Is that blind spot also an issue with cars that are
23 sure. 23 turning from Lewisberry Road into the municipal building?
24 Q Okay. We need to go out there and take a look at it 24 A Yes.
25 to be certain about that? 25 Q And would that blind spot be an issue for cars that
Page 46 - Page 49
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
EXHIBIT E
Multi-Page' CHESTER MOHN
AUGUST 31, 2011
Page 2 Page 4
1 WITNESSES 1 A No.
2 NAME EXAMINATION 2 Q What's your address?
3 CHESTER L. MORN 3 A Excuse me?
4 BY: MR. SHOLLENBERGER 3 4 Q Your address?
5 5 A I just gave it to you.
6 6 Q I am sorry. 600 Lewisberry Road.
7 EXHIBITS 7 A 600 Lewisberry Road.
8 DEPOSITION EXHIBIT NO. PRODUCED AND MARKED 8 Q No problem. I am getting older. I forget.
9 1. Photograph 3 9 I will give you a few rules or guidelines to go by
10 2. Photograph 8 10 to help you get through the deposition and help the court
11 3. Photograph 9 11 reporter. And the first thing,you have to give a verbal
12 12 answer. Do you understand that?
13 13 A Yes.
14 14 Q Good.
15 15 You have to let me know if you haven't heard or
16 16 understood my question. So if you have not heard my
17 17 question, will you tell me that?
18 18 A Yes.
19 19 Q If you have not understood my question, will you
20 20 tell me that?
21 21 A Yes.
22 22 Q Can I assume if you have answered my question,
23 23 that you have both heard it and understood it?
24 24 A Yes.
25 25 Q Good.
Page 3 Page 5
1 STIPULATION 1 You are doing very well so far. Your lawyer is
2 It is hereby stipulated by and between counsel 2 seated to your left. If you need to take a break at any
3 for the respective parties that reading, signing, sealing, 3 time to talk to him,just let me know,we will accommodate
4 certification and filing are hereby waived; and that all 4 you. Do you understand?
5 objections except as to the form of the question are 5 A Yes.
6 reserved to the time of trial. 6 Q Good.
7 7 I don't pre-prepare the questions. They're not
8 8 written down. I don't have an outline. So sometimes I
9 CHESTER L.MOHN,called as a witness,being 9 hesitate in the middle of a question. Please allow me to
10 duly sworn,testified as follow: 10 finish my question before you give your answer. Could you
11 EXAMINATION 11 try to--
12 BY MR.SHOLLENBERGER: 12 A Yes.
13 Q Would you state your name,please? 13 Q I think it's only courteous to you that I allow
14 A Chester L. Mohn. 14 you to finish your answer before I ask my next question.
15 Q Spell your last name,please. 15 Sometimes I don't do that because I think you are done
16 A M-o-h-n. 16 talking. But if I fail in that quest,will you let me know?
17 Q Current address? 17 A Yes.
18 A 600 Lewisberry Road,New Cumberland, PA. 18 Q Then I will --then you can just keep going with
19 Q Was that your address as of November 7, 2008? 19 your answer. Do you understand that?
20 A Yes. 20 A Yes.
21 MR.SHOLLENBERGER: Okay. Mark this please. 21 Q Great. Thank you.
22 (Photograph produced and marked Mohn Exhibit No. 22 If you need to take a break at any time for any
23 1.) 23 reason,let me know, I will accommodate you. Do you
24 BY MR.SHOLLENBERGER: 24 understand?
25 Q Mr. Mohn,have you ever given a deposition before? 25 A Yes.
Page 2 - Page 5
HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101
CHESTER MOHN Multi-Page
AUGUST 31, 2011
Page 6 Page 8
1 Q You know,we're talking about a crash that 1 depicted in Deposition Exhibit No. 1?
2 occurred on November 7, 2008. I am not expecting you to 2 MR.SHOLLENBERGER: I am sorry.
3 have total recall of everything,heck,I couldn't even 3 MR.SHIPMAN: I don't believe that was the pole
4 remember a question that I asked you two minutes ago. So if 4 that's involved.
5 there is a question that I asked you and you don't remember, 5 MR.SHOLLENBERGER: It wasn't. Pardon me. Thank
6 I mean if you don't recollect and you would be guessing, 6 you for helping me.
7 that doesn't help any of us, so you don't need to guess. Do 7 I am looking here. It looks like our investigator
8 you understand that? 8 stuck a stick in.
9 A Yes. 9 THE WITNESS: Stuck a stick into the ground,yes.
10 Q Can I assume then if you are giving an answer, 10 MR.SHOLLENBERGER: Fair enough. We will be more
11 you're giving your best answer and you are not guessing? 11 precise. It might take a little longer,but we will be more
12 A Correct. 12 precise. You are trying to answer my questions and I
13 Q Thank you. 13 understand that.
14 Now, I read somewhere, sir, you served our 14 Here,mark this.
15 country, and I thank you for that. You are a Vietnam 15 (Photograph produced and marked Mohn Exhibit No.
16 veteran? 16 2.)
17 A Yes. 17 BY MR.SHOLLENBERGER:
18 Q Did you get an honorable discharge? 18 Q I will come around.
19 A Yes. 19 Okay. Do you see what we have marked as Mohn
20 Q Okay. How long have you been living at 600 20 Exhibit No. 2?
21 Lewisberry Road? 21 A Yes.
22 A We moved in in October 1977. 22 Q Do you recognize that pole?
23 Q Yes, sir. And I had her mark as Mohn Exhibit No. 23 A Yes.
24 1, a picture. And would you take a look at the picture? 24 Q Okay. What do you recognize that pole to be?
25 A Yes. 25 A That is my old mailbox pole.
Page 7 Page 9
1 Q Do you recognize the house that's in the picture? 1 Q Okay. Now,let's go back to Mohn 1. Do you see
2 A Yes. 2 where the pole is located in Mohn No. 1?
3 Q Is that 600 Lewisberry Road had? 3 A Yes.
4 A That is 600 Lewisberry Road. 4 Q Is that where the red pole was located as of
5 Q Do you see the blue mailbox? 5 November 7, 2008? The red pole being the pole that's
6 A Yes. 6 depicted in Mohn 2.
7 Q Is that where your mailbox was located as of 7 A I cannot say for 100 percent that is the location
8 November 7, 2008? 8 that that pole was at.
9 A Yes. 9 MR.SHOLLENBERGER: And-- all right. Let's try
10 Q Do you see a red pole in the picture? Do you see 10 it this way. Let's keep going.
11 a pole in the picture? 11 Let's find a hole in the ground. See if the pole
12 A I see a pole in the picture, yes. 12 was stuck in a hole.
13 Q I will take the word red out. Can you tell me why 13 (Picture produced and marked Mohn Exhibit No. 3.)
14 that pole is there? 14 MR.SHOLLENBERGER: In fact, I am going to show
15 A Not really. 15 you what we will collectively mark as Mohn 3.
16 Q Well, do you know anything about that pole? 16 There is --
17 A I assume that it is supposed to be marking where 17 MR.SHIPMAN: Off the record.
18 the pole for the old mailbox was. 18 (Discussion held off the record.)
19 Q Okay. Do you know who put the pole there? 19 BY MR.SHOLLENBERGER:
20 A No. 20 Q Mr. Mohn,would you look at what we have marked as
21 Q Did you put it there? 21 collectively Mohn No. 3. Then the question is going to be,
22 A No. 22 does that refresh your recollection as to whether you need
23 Q Did you ever have your mailbox on that pole? 23 to--hold on a second, sir. If that-- does that refresh
24 A Not on this pole. 24 your recollection as to whether the pole that's depicted in
25 MR.SHIPMAN: You are talking about the pole 25 Mohn 2 was the pole that was located in the same position as
Page 6 - Page 9
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
Multi-Page` CHESTER MORN
AUGUST 31, 2011
Page 10 Page 12
1 this second pole that's depicted in Mohn 1? 1 Q Why was it there?
2 A My answer is I am not sure from this picture right 2 A Excuse me?
3 here. 3 Q Why was it there? Why did you put it in the
4 Q Could you look at them all, sir? Could you look 4 ground where you did?
5 at them all first? 5 A That's what postal regulations stated. There was
6 A Okay. I have looked at them all. My problem is 6 another pole there before with--had the office box mounted
7 if you will notice the pole in relation to my driveway. 7 on it.
8 MR.SHOLLENBERGER: Hold on. Let's mark this as 8 Q Had the what?
9 Mohn 3 so that we--Mohn 3A so we know which one you are 9 A The post office box mounted on my rural.
10 referring to. 10 Q Was your mailbox mounted to that pole for
11 THE WITNESS: Now,okay. As far as this pole is 11 sometime?
12 in relation to my driveway,having walked that road many, 12 A Yes, it was.
13 many years,seems to me that pole was directly in the center 13 Q On what date,as best as you can recollect,was --
14 of my driveway. I don't know whether it's the picture that 14 did you no longer use that pole for your mailbox?
15 you took there or how it is,I cannot be a certain that pole 15 A I have no idea.
16 is at the proper position. 16 Q Well, let's see.
17 BY MR.SHOLLENBERGER: 17 A It could be a year before,it could be two years,
18 Q Okay. From any of the photos that we have shown 18 could be three years,could be six months. I do not know.
19 you so far,can you see where the pole that--the red pole 19 Q What is the shortest period you know of?
20 was located at the time of this accident? 20 A About six months.
21 A Like I said,to my recollection,it was straight 21 Q Okay. All right.
22 down the middle of my driveway. So it would be over here 22 Did you have any communications with any
23 somewhere. 23 governmental entity or authority regarding moving the pole
24 Q Okay. Can you see somewhere on photograph 3A 24 after you stopped using it for your mailbox?
25 where you believe the pole was located? 25 A No.
Page 11 Page 13
1 A Like I said, I think it was probably about three 1 Q Okay. How was the pole anchored into the ground?
2 or four feet to the west. 2 A Again,I don't remember. I think I just drove it
3 Q Do you see the pen I am handing you, could you put 3 into the ground. I think we dug a hole,drove it into the
4 a big X and circle the X where you think the pole was? 4 ground a few inches,then put more dirt around it. That's
5 A (Indicating.) 5 what--pretty standard method.
6 Q Okay. Now, as we go forward, can we--and you 6 Q Okay. Regarding Mohn No. 2,you will notice that
7 are estimating there, sir? 7 the pole is --you will agree with me the pole is no longer
8 A Yes. 8 in the ground?
9 Q Okay. And when we refer to the pole,the red 9 A Yes.
10 pole, can we agree that that would have been your 10 Q Do you know how it--who took it out of the
11 recollection of where that red pole was located as of-- 11 ground?
12 A Yes. 12 A No.
13 Q Hold on, as of November 7, 2008? 13 Q Do you know when it was taken out of the ground?
14 A Yes. 14 A I assume on the day that the accident occurred.
15 Q Good. Thank you. 15 Q Okay. All right.
16 Now,how long had that red pole been in the ground 16 We heard some testimony before that you did not
17 prior to November 7,2008? 17 see this crash,is that correct?
18 A I can only give an approximate answer. I think 18 A Correct.
19 about fifteen years for that pole. 19 Q Were you home at the time?
20 Q Okay. Who put the pole in the ground? 20 A No.
21 A I put the pole in the ground,me and my sons. 21 Q All right. Has any vehicle ever hit the pole at
22 Q Okay. Did you ever change its location from the 22 any time prior to this November 7, 2008?
23 time that you first put it in the ground until November 8, 23 A Well, obviously it hit this pole,but the pole
24 2008? 24 that had been there had been hit twice before.
25 A No. 25 Q Okay.
Page 10 - Page 13
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
CHESTER MOHN Multi-Page TM
AUGUST 31, 2011
Page 14 Page 16
1 A Since I had been there. 1 A Well, I had intended to mount traffic mirrors on
2 Q Okay. And in what year was it hit the first time? 2 it.
3 A I have no idea,back in the late '70s. 3 Q Okay.
4 Q Okay. Were you residing at 600 Lewisberry Road at 4 A Because my driveway is getting more and more
5 that time? 5 hidden by the neighbor's shrubbery. So I had intended to
6 A Yes. 6 place mirrors on that pole. That's one reason why I did not
7 Q And when was the second time? 7 bring it out of there.
8 A I assume in the eighties,probably. 8 The other reason is it's been there for 50 years,
9 Q All right. Tell me what you know about what 9 no one has ever said anything about it, so I felt it would
10 happened in the '70s that led a vehicle hitting the pole. 10 stay there until I put the mirror on it.
11 A Well,the vehicle was a pick-up truck and it 11 Q Okay. Now,there has been testimony in this case
12 rolled over the pole. When I say rolled, it didn't use its 12 that Mr. Bennett,my client,was coming west on Lewisberry
13 wheels. It had gone around the corner way too fast as 13 Road and there was an operator coming east on Lewisberry
14 happens at that turn,and the vehicle overturned and rolled 14 Road.
15 into the field and my pole,then the mailboxes happened to 15 Now,you said something in your earlier testimony,
16 be in the way. 16 people as they do when they were --referring to the truck
17 And the second time was an act of vandalism. We 17 lost control. Which direction was that truck coming that
18 think somebody did--ran over the pole and did a few donuts 18 day?
19 in the field and took off. 19 A West.
20 Q You didn't witness either event? 20 Q Okay. And you don't know where the folks came
21 A No. 21 from the second time?
22 Q Sorry if I already asked. If I did -- I can't 22 A I am assuming they came from the west because it's
23 remember if I did or not. 23 on that side of the road.
24 Did any governmental authority or agency ever ask 24 Q Okay. Did you know the operator of the car that
25 you to move the pole? 25 was involved in this?
Page 15 Page 17
I ANo. 1 ANo.
2 Q Okay. You indicated that when you put the pole 2 Q Okay. And I can assume that you didn't know
3 in,you mentioned something about postal authority or doing 3 Mr. Bennett,is that correct?
4 something in accordance -- 4 A No.
5 A Yes. 5 Q Is that correct?
6 Q All right. Can you tell us about that? 6 A Correct.
7 A When you put a post office box in and you are in a 7 Q Okay. Did--there is different ways to give a
8 rural community like mine,you have to follow strict postal 8 statement in a case like this, and one is you can give a
9 regulations. You go to the post office. They give you a 9 recorded statement where what you say is taken down on a
10 pamphlet. And then you install your mailbox in accordance 10 tape recorder and usually you are asked for permission if
11 with that pamphlet. 11 it's okay to do that.
12 Q Fair enough. 12 Did you give any kind of statement like that in
13 And you believe that pole was installed in 13 this case?
14 accordance with that mandate? 14 A No.
15 A I know it was because you can't deliver mail until 15 Q And another way is sometimes you will get like a
16 the postal post office comes out and inspects the 16 preprinted form in the mail. It might have a diagram or
17 installation. 17 something on it,and you will be asked to fill it out and
18 Q Okay. Did a motorcycle ever hit the pole? 18 sign it at the end. Did you get any forms like that?
19 A No. 19 A No.
20 Q Did a person ever hit the pole that was involved 20 Q Okay. Sometimes you handwrite something yourself
21 in a crash other than what's alleged in this case? 21 in long hand,then you will adopt it as your statement, sign
22 A Not that I ever heard of,no. 22 it. Did you give any statements like that?
23 Q Okay. I am not judging,I am asking. Why didn't 23 A No.
24 you ever move the pole out of its location after you stopped 24 Q All right. Just so we're clear,was there any
25 using it as your mailbox? 25 other pole that was on the same side of the roadway as the
Page 14 - Page 17
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
Multi-Pagel CHESTER MOHN
AUGUST 31, 2011
Page 18 Page 20
1 red pole that was anywhere within one hundred feet either 1 MR.SHOLLENBERGER: Okay. Well,if we need to
2 way of the one that you--that we have been talking about 2 talk to them,we will talk to Mr. Shipman and go about it
3 here today? 3 that way.
4 A Yes. There is a telephone pole up by the corner. 4 That's all the questions that I have for you, sir.
5 And there are pipeline poles right twenty miles --twenty 5 Thank you very much.
6 feet maybe west of the pole,my mailbox pole. 6 MR.SAUL: I don't have any questions.
7 Q Okay. And in terms of the edge line of the road, 7 MR.GOODEMOTE: No questions.
8 which would be closer,the pole we have been discussing here 8 (Whereupon, the deposition was concluded at
9 today that you marked with an X on the photograph or those 9 3:00 p.m.)
10 poles twenty feet down? 10
11 A They're about the same,about the same. 11
12 Q From what I understand,the pole was not on 12
13 your--that we have been talking about,the red pole that 13
14 we have been talking about,was not on your property. 14
15 Correct? 15
16 A Correct. 16
17 Q Do you know whose property it was on? 17
18 A As far as I know,that belongs to the Fairview 18
19 Township. 19
20 Q Fairview Township. Okay. 20
21 A Now, it may belong to the state because I think 21
22 the state took over the road. 22
23 Q Okay. So would it be one of those two basis on 23
24 what you know? 24
25 A Correct. 25
Page 19 Page 21
1 Q Okay. Sir, are you in your past work or current 1 COUNTY OF DAUPHIN
2 work in any way involved with what we call accident 2 : SS
3 reconstruction or reconstructing why motor vehicle crashes 3 COMMONWEALTH OF PENNSYLVANIA:
4 happen? 4 I, Maria N. O'Donnell, a Notary Public, authorized to
5 A No. 5 administer oaths within and for the Commonwealth of
6 Q What is your line of work, sir? 6 Pennsylvania,do hereby certify that the foregoing is the
7 A Well,I am retired now. 7 testimony of KEITH A.SCOTT.
8 Q Yes, sir. 8 I further certify that before the taking of said
9 A I was retired this time too. 9 deposition,the witness was duly sworn; that the questions
10 Q Yes, sir. 10 and answers were taken down stenographically by the said
11 A I had worked for the U.S. government for 33 years. 11 Reporter-Notary Public, and afterwards reduced to
12 I started at New Cumberland as a aircraft mechanic,and 12 typewriting under the direction of the said Reporter.
13 ended up over at Mechanicsburg making training programs. 13 I further certify the said deposition was taken at the
14 Q Okay. 14 time and place specified in the caption sheet hereof.
15 A There is something like 17 jobs in between,but 15 I further certify that I am not a relative or employee
16 all for the government. 16 or attorney or counsel to any of the parties, or a relative
17 Q Okay. Your sons,their names, sir? 17 or employee of such attorney or counsel,or financially
18 A My sons? 18 interested directly or indirectly in this action.
19 Q Doubtful I am going to contact them,just to make 19 I further certify the said deposition constitutes
20 the record complete in -- 20 a true record of the testimony given by the said witness.
21 A My son is Jason and Shay. 21 IN WITNESS WHEREOF,I have hereunto set my hand
22 Q Same last name? 22 this 15TH day of SEPTEMBER,2011.
23 A Yes. 23 Maria N.O'Donnell,RPR
24 Q Do they live locally? 24 Notary Public
25 A No. 25
Page 18 - Page 21
HUGHES, ALBRIGHT, FOLTZ &NATALE 717-540-0220/717-393-5101
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing Motion for
Summary Judgment upon all parties or counsel of record by depositing a copy of same in the
United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 24 day
of February, 2014, addressed to the following:
Timothy A. Shollenberger, Esquire
Shollenberger and Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Kevin D. Rauch, Esquire
Summers McDonnell
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
John A. Statler, Esquir
Attorney I.D. No. 43812
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant Chester L. Mohn
CPS A
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument
Court.)
CAPTION OF CASE
(entire caption must be stated in full) `-10"_, � ..
p
TIM BENNETT and KARRA HOOVER, Q
Plaintiff �c- Scri
vs.
KEITH A. SCOTT and CHESTER L. MORN,
Defendant
No. 10-5829, Civil Term
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Defendant Chester Mohn' Motion for Summary Judgment
2. Identify counsel who will argue cases:
(a) for plaintiffs:
Timothy A. Shollenberger, Esquire, Shollenberger&Januzzi, LLP,
2225 Millennium Way, Enola, PA 17025 (Counsel for Plaintiff)
(Name and Address)
(b) for defendant:
John A. Statler, Esquire, Johnson, Duffie, Stewart&Weidner, P.O. Box 109,
Lemoyne, PA 17403 (Counsel for Defendant, Chester Mohn)
(Name and Address)
Kevin D. Rauch, Esquire, Summers McDonnell, 100 Sterling Parkway, Suite 306,
Mechanicsburg, PA 17050(Counsel for Defendant, Keith A. Scott)
3. I will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date: April 4, 2014
Signature
John A. Statler
Print your name
Chester Mohn
Attorney for Defendant
Date: February 24, 2014
INSTRUCTIONS:
1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR ,�
(not the Prothonotary) before argument. n, 1`n)•��30/01`►/�
1.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument. L.+ L/(J/q/
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary)after the case is relisted.
607650
r
Johnson, Duffie, Stewart & Weidner
By: Matthew Ridley, Esquire
I.D. No. 204265
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043 -0109
(717) 761 -4540
mr @jdsw.com
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L. MOHN,
Defendants
R _4 /x`110: 16
Attom yr r='[J feed nt rChester L. Mohn
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 10 -5829 CIVIL TERM
: JURY OF 12 PERSONS DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter the appearance of Matthew Ridley, Esquire, of Johnson, Duffie, Stewart &
Weidner, P.C. as counsel for Defendant Chester L. Mohn in the above - captioned case.
DATE: April 4, 2014
615890
22740 -2637
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Matthew Ridley, Esquire
Attorney I.D. No. 204265
301 Market Street
P.O. Box 109
Lemoyne, PA 17043 -0109
Telephone (717) 761 -4540
Attorneys for Defendant Chester L. Mohn
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for
Entry of Appearance upon all parties or counsel of record by hand delivering a copy of same on
the 4th day of April, 2014, addressed to the following:
Timothy A. Shollenberger, Esquire
Shollenberger and Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Kevin D. Rauch, Esquire
Summers McDonnell
945 East Park Drive, Suite 201
Harrisburg, PA 17111
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Matthew Ridley, Esquire
Attorney I.D. No. 204265
301 Market Street
P.O. Box 109
Lemoyne, PA 17043 -0109
Telephone (717) 761 -4540
Attorneys for Defendant Chester L. Mohn
TIM BENNETT AND
KARRA HOOVER,
PLAINTIFFS
V.
KEITH A. SCOTT AND
CHESTER L. MOHN,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 10 -5829 CIVIL
IN RE: CHESTER MOHN'S MOTION FOR SUMMARY JUDGMENT
BEFORE GUIDO, J. AND EBERT, J.
ORDER OF COURT
AND NOW, this 17th day of April, 2014, upon consideration of Defendant,
Chester Mohn's Motion for Summary Judgment, the briefs filed by the parties, and after
oral argument; the Court finding that genuine issues of material fact do exist;
IT IS HEREBY ORDERED AND DIRECTED Defendant, Chester Mohn's Motion
for Summary Judgment is DENIED.
✓Timothy A. Shollenberger, Esquire
Attorney for Plaintiffs
/Kevin D. Rauch, Esquire
Attorney for Defendant Scott
/John A. Statler, Esquire
Attorney for Defendant Mohn
bas
,. ii:1 .6,4 : „,
rio 7'3
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
V.
KEITH A. SCOTT and CHESTER L. MOHN'
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that on the ir--61 day of , 2014, I served a copy of
the foregoing Notice of Intent to Serve a Subpoena, y depositing the same in the U.S.
Mail, postage prepaid, addressed to the following:
John A. Stetter, Esq.
Johnson, Duffle, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeet, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Respectfully submitted,
SHOLLE BERGER & JANUZZI, LLP
Ti al be er, squire
PA ID No. 34343
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17106-0545
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiffs
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L.
MOHN,
Defendants
FLED -OFFICE
OF THE PROTHONOTARY
2014 0CT 14 .PK 2:41
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO
SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a Subpoena for documents and things
pursuant to Rule 4009.22, Plaintiffs certify that:
(1) a Notice of Intent to serve the Subpoenas with a copy of the
Subpoenas attached thereto was mailed or delivered to each party at least
twenty (20) days prior to the date on which the Subpoena is sought to be served,
(2) a copy of the Notice of Intent, including the proposed Subpoenas, is
attached to this Certificate,
(3)
no objection to the Subpoena has been received, and
(4) the Subpoenas which will be served is identical to the Subpoenas
which are attached to the Notice of Intent to serve the Subpoenas.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By.
Date: o. O%F1.f
otfiiy A. SP olleergerr,
Attorney I.D. # 34343
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17106-0545
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiffs
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L.
MOHN,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
And now, this
the foregoing Certifica{e Prerequisite has been served upon the following, via
U.S. First Class Mail:
CERTIFICATE OF SERVICE
day of October, 2014, I hereby certify that a copy of
John A. Statler, Esq.
Johnson, Duffie, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Respectfully submitted,
SHOL ENBERG - & ' NUZZI, LLP
y ' . oll
ID No. 34343
er
u
e
•
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L. MOHN,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
I NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
TO: John A. Statler, Esq.
Johnson, Duffie, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Plaintiffs, Tim Bennett and Karra Hoover, intend to serve a subpoena identical to
the one that is attached to this notice. You have twenty (20) days from the date listed
below in which to file of record and serve upon the undersigned an objection to the
subpoena. If no objection is made the subpoena may be served.
Date:
Timothy A. Shollenberger, Esq.
Attorney for Plaintiffs
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L. MOHN'
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that on the IP) day of I .)2014, I served a copy of
the foregoing Notice of Intent to Serve a Subpoena, sy depositing the same in the U.S.
Mail, postage prepaid, addressed to the following:
John A. Statler, Esq.
Johnson, Duffle, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L. MOHN,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: Mid Atlantic Basement Waterproofing
52 Grumbacher Road
York, PA 17406
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: "Any and all employment and !payroll
records, including but not limited to: applications for employment, prior employment
verification, pre-employment background, health information, applications for insurance.
W -2's, 1099's, insurance forms, medical records, physical exams required for continued
employment, time sheets, all reports or records of iob related injury, attendance records,
sick time records, vacation records, letters of complaint or other employer discipline,
letters of recommendation, whether retained electronically or by paper, regarding Tim
Bennetts employment at Mid Atlantic Basement Waterproofing." at the law firm of
Shollenberger & Januzzi, LLP, 2225 Millennium Way, Enola, Pennsylvania 17025.
You may deliver or mail legible copies of the documents or produce things
requested by this subpoena, together with the certificate of compliance, to the party
making this request at the address listed above. You have the right to seek in advance
the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within
twenty (20) days after its service, the party serving this subpoena may seek a court
order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Timothy A. Shollenberger, Esquire
2225 Millennium Way, Enola, Pennsylvania 17025
Tel. (717) 728-3200
Attorney for Plaintiff
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L. MOHN'
Defendants
FA ED -OFFICE
OF THE PROTHONOTARY
2014 OCT I PH 2:03
CUMBERLAND COUNTY
PENNS YLVAN/A
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE .
I hereby certify that on the la day of
the foregoing Notice of Intent to Serve a Subpoena, Iiy depositing
Mail, postage prepaid, addressed to the following:
014, I served a copy of
he same in the U.S.
John A. Statler, Esq.
Johnson, Duffle, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Respectfully submitted,
SH & JANUZZI, LLP
• ENB RGE
ir
7 ot y • •e ge , Esquire
PA ID No. 34343
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17106-0545
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiffs
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L.
MOHN,
Defendants
.,LCD -OF.{ ICE
OF THE PROTHONOTARY
2014 OCT 1 4 PH 2: 4 I
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO
SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a Subpoena for documents and things
pursuant to Rule 4009.22, Plaintiffs certify that:
(1) a Notice of Intent to serve the Subpoenas with a copy of the
Subpoenas attached thereto was mailed or delivered to each party at least
twenty (20) days prior to the date on which the Subpoena is sought to be served,
(2) a copy of the Notice of Intent, including the proposed Subpoenas, is
attached to this Certificate,
(3)
no objection to the Subpoena has been received, and
(4) the Subpoenas which will be served is identical to the Subpoenas
which are attached to the Notice of Intent to serve the Subpoenas.
Respectfully submitted,
SHOLLE R ER & JANUZZI, LLP
/,.
oth .Ile • er• er, Esq.
Bv.
Date: Attorney I.D. # 34343
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17106-0545
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiffs
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L.
MOHN,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
And now, this
the foregoing Certificate Prerequisite has been served upon the following, via
U.S. First Class Mail:
day of October, 2014, I hereby certify that a copy of
John A. Statler, Esq.
Johnson, Duffie, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeet, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
ID No. 34
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L. MOHN,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
TO: John A. Statier, Esq.
Johnson, Duffle, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Plaintiffs, Tim Bennett and Karra Hoover, intend to serve a subpoena identical to
the one that is attached to this notice. You have twenty (20) days from the date listed
below in which to file of record and serve upon the undersigned an objection to the
subpoena. If no objection is made the subpoena may be served.
Date:
Timothy A. Shollenberger, Esq.
Attorney for Plaintiffs
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L. MOHN'
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that on the /8 day of !Aiiis 2014, I served a copy of
the foregoing Notice of Intent to Serve a Subpoena, iy depositing the same in the U.S.
Mail, postage prepaid, addressed to the following:
John A. Stetler, Esq.
Johnson, Duffle, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L. MOHN,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: Susquehanna Valley Tree Service
19 Texaco Road
Mechanicsburg, PA 17050
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: "Anv and all employment and payroll
records, including but not limited to: applications for employment, prior employment
verification, pre-employment background, health information, applications for insurance.
W -2's, 1099's, insurance forms, medical records, physical exams required for continued
employment, time sheets, all reports or records of job related injury, attendance records,
sick time records, vacation records, letters of complaint or other employer discipline,
letters of recommendation, whether retained electronically or by paper, regarding Tim
Bennetts employment at Susquehanna Valley Tree Service." at the law firm of
Shollenberger & Januzzi, LLP, 2225 Millennium Way, Enola, Pennsylvania 17025.
You may deliver or mail legible copies of the documents or produce things
requested by this subpoena, together with the certificate of compliance, to the party
making this request at the address listed above. You have the right to seek in advance
the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within
twenty (20) days after its service, the party serving this subpoena may seek a court
order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Timothy A. Shollenberger, Esquire
2225 Millennium Way, Enola, Pennsylvania 17025
Tel. (717) 728-3200
Attorney for Plaintiff
DATE:
BY THE COURT:
By
(Prothonotary)
Seal of the Court
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
TIM BENNETT and KARRA HOOVER,
Plaintiffs
v.
KEITH A. SCOTT and CHESTER L. MOHN'
Defendants
ICE
OF THEFILED-OFFPfN?OTHOOTARY
2014 OCT 14 Pt 2: 03
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5829
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE•
I hereby certify that on the 18 day of
the foregoing Notice of Intent to Serve a Subpoena,
Mail, postage prepaid, addressed to the following:
2014, I served a copy of
y depositing the same in the U.S.
John A. Statler, Esq.
Johnson, Duffie, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, LLP
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Respecffully submitted,
SHOLLENBERGER & JANUZZI, LLP
All 41 AK
r;
o. 4343