Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10-7010
GERMAN, GALLAGHER & MURTAGH Attorneys for Petitioner BY: Robert P. Corbin, Esq./Miles P. Dumack, Esq. Sw?ift Transportation Co., Inc. IDENTIFICATION NO.: 17987/202278 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, Pa 19102 o Telephone: (215) 545-7700 -77 -:4. '?=, ? _ -n r IN RE: REQUEST FOR PRODUCTION : COURT OF COMMON PL1 ? OF MIDDLESEX TOWNSHIP POLICE : CUMBERLAND COUNTY COMPLETE INVESTIGATION FILE 7Z `' I - ? , AND ALL PHOTOGRAPHS CIVIL ACTION II NO. /U 70/D'I,/7h Swift Transportation Co., Inc. ("Swift") by and through its undersigned attorneys, hereby avers the following in support of its Petition: 1. On or about June 28, 2010, a motor vehicle accident occi ?rred along Harrisburg Pike at approximately 191 feet south of its intersection with T-585, Country Club Road in ?I Middlesex Township, Cumberland County, PA. 2. According to the information obtained to date, a pedestrian was walking up the middle of the roadway and walked into the southbound left lane and pro?eeded to throw himself i under the rear tires of a passing tractor trailer. 3. According to witness statements, the pedestrian was walk?ng erratically across the highway and stopped in the left lane to let the tractor trailer pass. Once tl?e tractor trailer began to I llrh m slowly move forward, the pedestrian suddenly and deliberately jumped under the tractor trailer, causing his own death. 4. On or about July 8, 2010, counsel for petitioner receive} a copy of Commonwealth of Pennsylvania Police Crash Number W0164247 for lincident number 20100628M3687. See a true and correct copy of the police report attached hereto and marked as Exhibit "A". 5. On page 7 of the Police Crash Report, it is noted that "measurements and photo's were taken at the scene by Sgt. Kingsborough." See Exhibit "A" at page 7. 6. Counsel for Swift was informed by the Middlesex Township Police that production of the requested materials are only permitted with a valid subpoena. 7. As no civil action has been filed as of yet, Swift does not have standing to issue a subpoena for this information at this time. 8. However, the above additional information obtained to date indicates Swift Transportation Co., Inc. was the owner of the tractor involved in this accident. 9. Swift is concerned about the possibility of future litigation in this matter, and was II unable to investigate the accident scene prior to the removal of the tractor trailer and the body from the scene at the direction of the police. 10. Accordingly, Swift believes it is entitled to obtain a complete copy of the investigation file and all photographs. 11. Pennsylvania Courts have allowed for pre-complaint discovery in cases where the "party seeking the discovery can show a compelling reason ... and when the discovery request is narrow and the production of the information that is sought will not cause annoyance, embarrassment, oppression, burden or expense to the responding party." 2003 Pa. Dist. & Cnty. Dec. LEXIS 130 (Pa. C.P. 2003). 12. Swift believes that the Middlesex Township Police complete investigation file and I all photographs will be critical to its defense of a civil lawsuit, should lone be filed in the future. 13. Production of the requested file will not cause annoyan?e, embarrassment, oppression, burden or expense to the Middlesex Township Police, as tl?is information is routinely subpoenaed in the course of litigation, and Swift is willing to incur any and all reasonable I expenses related to the production of same. 14. Further, the request is narrow in scope, as it is limited only to the investigation file and all photographs already compiled by the Middlesex Township Police. I 15. Accordingly, Swift respectfully requests that this Honorable Court issue an Order directing the Middlesex Township Police to provide its undersigned counsel with a copy of the complete investigation file and all photographs, with any reasonable fees and costs for the II production of same to be paid by Swift. 16. Alternatively, should the Court deny Swift's request for Order directing the production of a copy of the complete investigation file and all photographs detailed above, Swift respectfully requests that the Court issue an Order directing the Middlesex Township Police not to destroy or otherwise dispose of the requested materials absent further, instruction from the Court. 17. "The spoliation of evidence doctrine is intended to further the public policy of protecting defendants who may be unable to prepare a defense after the destruction or loss ... of a product." The Brotech Corporation v. Delmarva Chemicals, Inc., et al., $31 A.2d 613 (Pa. Super. 2003). 18. In the event a civil lawsuit is brought in this matter, Swift believes that the Middlesex Township Police investigation file and photographs will bel relevant evidence critical to the defense of Swift and the destruction of same would be a violation of the spoliation of evidence doctrine and contrary to public policy. WHEREFORE, Swift Transportation Co., Inc. respectfully req? ests that this Honorable Court issue an Order directing the Middlesex Township Police to prod?ce the requested complete investigation file and all photographs, or in the alternative, is?ue an Order directing the I Middlesex Township Police not to destroy or otherwise dispose of the ?equested materials absent further order from the Court. Respectfully submitted, I Dated: I L--)- GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, squire Miles P. Dumack, squire Attorneys for Petiti ner Swift Transportati Co., Inc. GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esq./Miles P. Dumack, Esq. IDENTIFICATION NO.: 17987/202278 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, Pa 19102 Telephone: (215) 545-7700 IN RE: REQUEST FOR PRODUCTION OF MIDDLESEX TOWNSHIP POLICE COMPLETE INVESTIGATION FILE AND ALL PHOTOGRAPHS Attorneys for Petitioner S ift Transportation Co., Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. TI 1. STATEMENT OF FACTS: On or about June 28, 2010, a motor vehicle accident occurred al?ng Harrisburg Pike at approximately 191 feet south of its intersection with T-585, Country Cl?b Road in Middlesex Township, Cumberland County, PA. According to the information obtai?ned to date, a pedestrian was walking up the middle of the roadway and walked into the southbo4nd left lane and proceeded to throw himself under the rear tires of a passing tractor According to witness statements, the pedestrian was walking erratically across the highway and stopped in the left lane to let the tractor trailer pass. Once toe tractor trailer began to slowly move forward, the pedestrian suddenly and deliberately jumped under the tractor trailer, causing his own death. On or about July 8, 2010, counsel for petitioner received a copy of Commonwealth of Pennsylvania Police Crash Number W0164247 for incident number 26100628M3687. See a true and correct copy of the police report attached hereto and marked as Exhibit "A". On page 7 of the Police Crash Report, it is noted that "measurements and photo's w re taken at the scene by Sgt. Kingsborough." See Exhibit "A" at page 7. Counsel for Swift was informed by the Middlesex Township PIlice that production of the requested materials is only permitted with a valid subpoena. As no civil action has been filed as of yet, Swift does not have subpoena for this information at this time. However, the above additi to date indicates Swift was the owner of the tractor involved in this Swift is concerned about the possibility of future litigation in to investigate the accident scene prior to the removal of the tractor scene at the direction of the police. Accordingly, Swift believes it is entitled to obtain a complete file and all photographs. 2. STATEMENT OF QUESTIONS INVOLVED: inn to issue a information obtained matter, and was unable and the body from the of the investigation A. Should the Court issue an Order directing the Middl ex Township Police to provide a copy of the complete investigation file and all photographs regarding the accident which occurred on June 28, 20 0 in Cumberland County, Pennsylvania to counsel for Swift? Suggested Answer: Yes. Pennsylvania Courts have allowed for pre-complaint discovery in cases where the "party seeking the discovery can show a compelling reason ... and where the request is narrow and the production of the information that is sought will not cause annoyance, embarrassment, oppression, burden or expense to the responding party." Speicher v. Toshok, 2003 Pa. Dist. & Cnty. Dec. LEXIS 130 (Pa. C.P. 2003). Swift believes that the Middlesex Township Police investigation file and photographs will be critical to its defense of a civil lawsuit, should one be filed in the future. Production of the requested file will not cause annoyance, embarrassment, oppression, burden or expense to the Middlesex Township Police, as this information is routinely subpoenaed in the course of litigation, and Swift is willing to incur anyl and all reasonable expenses related to the production of same. Further, the request is narrow in scope, as it is limited only to the investigation file and photographs already compiled by the Middlesex Township Police. Accordingly, Swift respectfully requests that this Honorable Court issue an Order directing the Middlesex Township Police to provide its undersigned co sel with a copy of the complete investigation file and all photographs, with any reasonable fe s and costs for the I production of same to be paid by Swift. II B. In the alternative should the Court issue an Order dill ecting the Middlesex Township Police not to destroy or otherwise dispose o the requested materials absent further instruction from the Court? Suggested Answer: Yes. ?I The spoliation of evidence doctrine is intended to further the pu lic policy of protecting defendants who may be unable to prepare a defense after the destruction or loss ...of a product." The Brotech Corporation v. Delmarva Chemicals. Inc., et al., 831 A.2d 113 (Pa. Super. 2003). Should the Court deny Swift's request for an Order directing the production of a copy of the complete investigation file and photographs detailed above, Swift respectfully requests that I Ii the Court issue an Order directing the Middlesex Township Police not! to destroy or otherwise dispose of the requested materials absent further instruction from the Court. In the event a civil lawsuit is brought in this matter, Swift believes that the Middlesex Township Police investigation file and photographs will be relevant e?idence critical to the defense of Swift and the destruction of same would be a violation of tl?e spoliation of evidence doctrine and contrary to public policy. 3. CONCLUSION: Based on the foregoing, Swift Transportation Co., Inc. Honorable Court issue an Order directing the Middlesex Township illy requests that this to produce the requested Middlesex Township Police complete investigation file and ill photographs, or in the alternative, issue an Order directing the Middlesex Township Police not to destroy or otherwise dispose of the requested materials absent further order from the Court. Respectfully submitted, GERMAN, GALLAGH Dated: /0 '1 C BY: .1 _7 Robert P. Corbin, F Miles P. Dumack, I Attorneys for Petiti Swift Transnortatic 4 & MURTAGH a--V- squire ',squire ner i Co., Inc. VERIFICATION The undersigned verifies that he is the attorney for Swift Transportation Co., Inc. and that the averments set forth in the within Petition are true and correct to the best of his knowledge, information and belief and that he makes this statement subject to the ?enalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: I //?- /*-It 10 CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, a true and correct copy of the within Petition for Court Order Directing the Middlesex Township Investigation File and scene photographs regarding the accident that in Cumberland County, Pennsylvania, and Memorandum of Law in on C 2 Zo to via U.S. First-Class Mail, postage prepaid and addressed as follows: Middlesex Township Police Department 350 N. Middlesex Road Carlisle, PA 17013 Officer Gerald R. Steigleman Middlesex Township Police Department 350 N. Middlesex Road Carlisle, PA 17013 BY: /-"I / Robert P. Corbin, F Miles P. Dumack, I Attorneys for Petiti Swift Transtnortatic to produce the on June 28, 2010 Thereof was served the parties listed below Co., Inc. /0 Dated: // A? 4?:O_ 1 11 ??;e;+ F ...J COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Case Closed Reportable Crash AA'500 1 0 YQs a No a Yes Q No ? ?_ ? IIRIIIIIIIIIIIIAII?I Number Incident Number Police Agerky Patrol Zone I 20100628M3687 21206 Agen Name Precinct ffO6 f a t o Middlesex Township 0 n Date (MM-DD-YYYY) 28 2010 Dispatch Time (MR) Arrival Time (miq Investi ator Badge Number 1610 1613 GERALD R. STEIGLEMAN 2544 Reviewer Badge Number rovat D to (MM DD-YYYY) KAREN J KIEHL /,3 t 25-55 06 - 30 - 2010 County County Name Municipality Municipality Name Dav of inreek 121 Cumberland 206 Middlesex Township O Sun C) Thu O Crash Date (MM•DD-YYYY) Crash Time (mil) No of Units Poo I Injured Killed *It > 00 a Mon Q Fri O Tue Q Sat 06 - 28 - 2010 1610 2 2 1 complete Form F Q Wed Q Unk Workzane (If Yes Complete 0 Yes 0 No School Bus Q Yes 0 No Form )N Section 29) Related School Zone Related 0 Yes Notliy PENNDOT Main}enan' O Yes ? No $ fpte?Rttlen Tvee 0 4 Way Intersection CD 'Y" Intersection Q Multi-Leg 0 Off Ramp Q Railroad Intersection Crossing t 00 Midblock 0 'T' Intersection Q Traffic Circle/ O On Ramp O Crossover O Other und Ab ut R o o a S? Otre?a Route Number Segment (Optional) Travel Lanes Speed Limit O North - House Number (ii applicable) 001 ] 9 04 35 south 1 1 F I O East Street Name Street Ending For Mld-block crashes onty. Use a O West HARRISBURG PK O Unknow postal House Number and make sure Principal Roadway Street Name is filled in R using this option T ra O Interstate 0 Turnpike Q urnpike a State 0 County o Local Roa 0 Private 0 Other/ (Not 7um ike) (Ea""est) 5 ur Hi wa Road or Street Road Unknown Route Number Segment (Optional) Travel Lanes Speed Omit Q h So O Sou J h L Street Name Street Ending O East O Wes O Unk own Route Interstate Turnpike Turnpike State County Local Ro Signin 0 ik N t T ) 0 (E t/W t O S Hi h Q R d 0 S d Private Other/ O d O k ., as , ( urnp e es o ) pur g way oa or tree Roa nown Un Or Segment Marker lintersecting Rt Num Or Mile Post N th Feet lil I q 1 .0 t: ?? O x or South S Pl Or Intersecting Street Name St Ending ? East ease Or Miles Enter Information A West ? for BOTH . b Landmarks if Using This Option Intersectin Rt Num Or Mile Post Or segment Marker a 0 North Distance From Crash L t k 1 sc d 3 S South an ene o mar h b t (For Cr 9 v Or Intersecting Street Name St Ending a East as ween e Landmark 1 and 9 = West Landmark 2) Degrees Minutes Seconds Degrees Minutes Seconds latitude: 40 14 OS 1.1000 Longitude: - 77 07 ; 54 000 o Traffic Control Device Yield Sign 0 Police Officer or Not Applicable Q Traffic Signal Flagman Active RR Crossing Q Other Type TCD O C t l D 0 No Controls O Im ice Functioning Emergency Q Preemptive roperiy Si l a° on ro s Flashing Traffic C-) Signal O Stop Sign 0 Passive RR 0 Unknown Crossing Controls Q Device Not 0 D Functioning Pr gna ice Functioning Q Unknown o erly jg? fj?sed (lf •Nor App/iwbie', skip rest of the Lane Closure section) [acre hoSUre 0 North Q East North and South C) All O Not Applicable 0 Partially 0 Fully Q Unknown t South Q West East and West (N,S,E,1M InKIG Yes 0 No ID Detoured Unknown Q 0 < 30 Min. 0 30-60 Min. O 1-3 hrs 0 3-6 hrs CD 6-9 h 0 > 9 hours Q Unknown FORM a AA-500 (12+01) PE:NNDOT COPY C®61fdRlOMMALTH OF PEWNS1YLVA?NIA POLICE CRASH REPORTING FORM Page: AA 500 2 Pdice Use 0`4 2 Gash Number WO 64247 Motor Vehicle in Type ? Transport O Hit & Run Vehicle Q Illegally Parked O Legally Parked O Non Motorized commercial Vehicle 7' ? Unit Pedestrian on Skates, Disabled From Pedestrian Q Q O Train O Phan o T' m Vehk le Yes Q No in Wheelchair, etc Previous Crash ' " (if Yes, Complete Form Q (If `Pedestrian or Pedestrian on Skates, in Wheelchair, etc', Complete Form M, Section 28 Unit No First Name M1 Date of Bf ( MM-DD-YYYY) O1 I PHILLIP R O1 25 1970 7 j Delete? Last Name I l _ e hone Number O SHORTS 117 173751742 Address / G / State ZI - 4728 MORGANTOWN ROAD MOHNTON PA 19540 Driver License Number state class c 22012420 PA A e AlcohoUDrugs Suspected Driver or Pedestrian Physical Condi tion n 0 No Q Illegal Drugs O Medication Apparent ilie eat Or Normal O Us 9 CD Fatigue O Medication 19 CD Alcohol O Alcohol and Drugs Q Unknown Q Had Been Q Sick O Asleep Q Unknown Drink in P 15 Alcohol Test Type Q Test Not Given Q Breath O Other Primary Vehicle Code Violation Charged? v Unknown if Blood 0 Urine O NONE O Yes No Test Given y Alcohol Test Results O Test Refused Unknown Results Driver Presence 1=Driver Operat d 3=Driver Fled Scene ^ Test Given, t d R lt C i ? 1 Vehicle 4=Hit and Run on am nate esu s LLJJ 2=No Driver 9=Unknown Owner/Driver 00=Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Muni ipal Police Veh 09=Federal Gov Veh 01=Private Vehicle Owned/ Ownedlleased by Driver 05=PENNDOT Vehicle 08=0the Municipal 98=Other 02 Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Gove ment Vehkle 99=Unknown same as Owner First Name Owner Last Name or Business )Name Of Pedestr n, ski this Section) Driver Q ? L? SWIFT TRANSPORTATION Address / City / State / Zip ehitle Make *Make Code 94 NW 10TH STREET OKLAHOMA OK 73127 Other 98 VIN Model Year ehitle Model (see overlay) 2HSCUAPR99CO88586 2009 . License Plate Reg. State Est. Speed Vehicle Towed Towed By I 2ML249 OK 015 O Yes a No Insurance Insurance Company Policy No Yes Q No O Un- known AON RISK SERVICES RRG136818-10 Trailing a 1=Towing Pass. Veh 4=Mobile/Modular Home 7=Semi-Trailer Tag N Tag Year Tag St n t No.• of U #t n 2=Towing Truck 5=tamper 8=Other Trailer 6=Full Trailer 9-Unknown PT9 Utilit ts q? 3-Towin Un 17F 010 PA y g i Direction of S 'Vehicle Position p 1 -Movement ? 01 -See O l S al Usa e rave ver ay Vehicle Color Vehicle Tyne 05=Large Truck 20=Unicycle, Bicycle, 12=Commercial 06=Yellow -1 03 07=Silver 01=Automobile 06=5UV Tricycle OS 02=Motorcycle 07=Van 2t=Other Pedalcycle 0 Pas senger licable Carrier 0 13=Taxi 08=Gold 01=Blue 09=Brown 03=Bus 10=Snowmobile 22=Horse & Buggy 04=Small Truck 11=Farm Equip 23=Horse & Rider 0 ce 21=Tractor Trailer r 02=Red 10=Orange (If "02", Complete Form 12=Construction Equip 24=Train 0 0 22=Twin Trailer ergency 23=Triple Trailer 03=White 11=Purple n ? M, Section 16) 13=AN 25=Trolley (If '20, or "21 Plate O e e e h O c 1 ehicle 31=Modified Veh nsport 99=Unknown known 99= 05=elack 19=U nk Sp Veh 99= Unknown orm M, Section 27) Type c F Initial Impact Point Damage Indicator Gradient 3=Do w hill Road A!Icnmen 00=Non-Collision 14=Undercarriage 14 01 Cl k P i t 15 T d U 12 it 0=None 2=Functional 1=Minor 3=Disabling 4=Bot 1=Level . 5=To t m of Hill f Hill 1=5traight a 2=Curved = owe - oc o n s = n 9-Unknow p 2-Uphill 13-Top 99=Unknown n 9=Un k own 9=Unknown FQnM r M-500 (12W) PENNOOT COPY. COMMONWEALTH OT PENNSYLVANIA POLICE CRASH REPORTING FORM Page: AA 5500 2 Pollee Use Ony 3 r?nmuwi Crash Number WO 164247 Tjye Q Motor in Q Hit & Run Vehicle Q Illegally Parked Q Legally Parked Q N n • Motorized Commercial Vehicle u Unit Pedestrian on Skates, Disabled From -- Pedestrian Q Q Train Q Ph n Q tom Vehicle Q Yes a No in Wheelchair, etc Previous Crash (If Yes, Complete Form C) (if 'Pedestrian' or "Pedestrian on Skates, in Wheelchair etc" Com lete Form M, Section 2 Unit No First Name MI Date of Bi (MM-DD-YYYY) 02 TOMAS 99 99 9999 Delete? Last Name T el" hone Number Q OMAR JUAREZ-LOPEZ 9999999999 Address f Ci !State Zi ? COLUMBUS OH ? Driver License Number state Class O AlcohoUDrugs Susreded Driver or Pedestrian Ph 1 C dition ?s Q No Q Illegal Drugs Q Medication Q Apparently III al Normal Q Use ru 9 Q Fatigue Q Medication 0 Alcohol Q Alcohol and Drugs Q Unknown Q Had Been Q Sick Q Asleep 0 Unknown Drinking Alcohol Test Tvice Primary Vehicle Code Violation Char ed? Test Not Given Q Breath Q Other Q g r if a Bl d urine Q T d PEDESTRIAN CROSS G ROADW Q Yes i No M l wn oo Q e s s Alcohol Test Results Q Test Refused Unknown Results Driver Pnssenca 1=Driver Oper ted 3=Driver Fled Scene Test Given, Q C t i d R lt t Vehicle 4=Hit and Run on am e esu s • na 2=No Driver 9=Unknown Owner/Driver 00=Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Mu icipal Police Veh 09=Federal Gov Veh Ot-Private Vehicle Owned/ Owned/Leased by Driver 05=PENNDOT Vehicle 08=0t er Municipal 98=Other 00 Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh G rnment Vehicle 99=Unknown Same as Owner First Name Owner Last Name or Business Name (if Pede ian, ski this Section) Driver ('? Address / Ct ! State / Zip Vehicle Make 'Make Code I No Entry Mad VIN Model Year Vehicle Model (see overlay) I I- F License Plate Reg. State Est. Speed Vehicle Towed Towed B Q Yes Q No Insurance Insurance Company Policy No ?o° Un- Q Yes Q No Q known f Tra ling T 1=Towing Pass. Veh 4=Mobile/Modular Home 7=Semi Trailer Tag No of hn n T 2 T k h i C 8 No Tag Year Tag St . un ow = ng ruc amper _01 er 5= r 6 Towin Utilit Trail Full Trailer 9 Unk Un tsg? 3 y = = = g e nown x D1rdlonnof "Vehicle Position rovT el -RMovement `See O l eclat Usa e ver ay Vehicle Color Vehicle Type OS=Large Truck 20=Unicycle, Bicycle, 12=Commercial Passenger 06=Yellow 07 =Silver 01=Automobile 06=SUV Tricycle 02=Motorcycle 07=Van 21=Other Pedalcycle 0 =Not Applicable Carrier =Fire Veh 13 i T 08=Gold 03=Bus 10=5nowmobile 22=Horse & Buggy 0 = ax =Ambulance 21 =Tractor Trailer 01=8lue 09=Brown 04=Small Truck 11=Farm Equip 23=Horse & Rider 0 =Police 22=Twin Trailer 02=Red 10=Orange 03=White 11 =Purple (If '02', Complete Form 12=Construction Equip 24=Train Section 26) 13=ATV 25=Trolley M 0 =Other Emergency 23=Triple Trailer 04=Green 12=Other , 1B=Other Type Veh 98=Other (if -20' or '211, Complete p 1 Vehicle 31 =Modified Veh '=Pupil Transport 99-Unknown OS=Black 99=Unknown 19=Unk. Type s c Veh 99=Unknown form M, Section 27) Initial Impact Point Damaoe Indicator Gradlent 3=D nhiil Road Alignment 00=Non-Collision 14=Undercarriage wed Unit Cl k P ints 15=T 01 12 0=None 2=Functional 1=Minor 3=Disabling 1:1 4=B 1=Level S=T 11 tom of Hill o of Hill 1=Straight 2=Curved - oc o o = wn 9=Unkn 2-Uphill k 13=Top 99=Unknown o 9= nown U 9=Unknown FORM M M-600 (12/02) PENNDOT COPY J POLICE CRASH REPORTING FORR1flAN'A Page 1111111111111111 crash Number AA 500 3 Police Use Only i W0164247 Q?Qp1yp,E: A 1=Driver Seat ition: D 00=Not A Passenger/Occupant urnmen One: E 00= one Used /tNot Applicable : G -Mot Applicable 2=Passenger 7=Pedestrian 01=Driver - All Vehicles 02=Front Seat Middle Position 01=Shoulder Belt Used 02=Lap Belt Used i=Not Ejected 2=Totally Ejected 8=Other 03=Front Seat Right Side 03=Lap And Shoulder Belt Used 3=Partially Ejected 9=Unknown 04=Second Row - Left Side or 04=Child Safety Seat Used 9=Unknown Motorcycle Passenger 05=Motorcycle Helmet Used 05=Second Row - Middle Position 06=Bicycle Helmet Used H &wjaa P, sal B F =Female 06=Second Row - Right Side 07=Third Row Or Greater - 10=Safe Belt Used Improperly ? 11=Chit Safety Seat Used Improperly O= Not Ejected /Not Applicable 1 h Sid D Thr O i o M=Ma4e u =Unknown Left Side 08=Third Row Or Greater - 12=Helmet Used Improperly 90=Restraint Used, Type Unknown = oor oug e pen ng 2' Through Side Window 3=Through Windshield Middle Position 09=Third Row Or Greater - Right Side 99=Unknown r EgyipBlent Two: F ' 45?=ThrouThrough h Back Door Back Door Tailgate Opening 6-Through Roof Opening (Sunroof/ 0=Not Injure 10=Sleeper Section of Truckcab 11=In Other Enclosed one Used / Not Applicable 01 -Front Air Bag Deployed (for This Sea Convertible Top Down) 7=Through Roof Opening (Convertible 1=Killed 2=Major Injury Passenger Or Cargo Area 1 Z=1n Open Area ck Of Picku (B Et ) 02=Side Air Bag Deployed (For This Seat) 03=Other Type Air. Bag Deployed ed Ai B l 04 -M lti l D Top Up) 9=Unknown 3=Moderate a p, c. oy r ags - u p e ep In ury 4= Minor Injury 13=Trailing Unit 14aRiding On Vehicle Exterior OS=Motorcycle Eye Protection 06=Bicyclist Wearing Elbow/Knee/Pads B=Injury, Unk Severity 1 S=Bus Passenger 98=Other 10 Air Bag Not Deployed, Switch On 11--Air Bag Not Deployed, Switch Off O=NNot A plicable 1=Not Extricated 9=Unknown if Injury 99=Unknown 12-Air Bag Not Deployed, Unk Switch Settmg 2=Extricated By Mechanical Means By Non - Mechanical Means ?ior To Crash) 13=Air Ba Removed ( 19=Unknown if Air Bag Deployed 8??? 9=Unknown 99=Unknown s EMS Agency: CUMBERLAND GOODWILL Medical Facility: Unit No Person No Date of Birth (MM-DD-YYYY) A 8 C D E F G H I O 1 O 1 D0 O 1 - 25 -11970 la MM 0 loll 03 OD O I EIEI Name / Address / Phone EMS Transport Same as SHORTS, PHILLIP R 4728 MORGANTOWN ROAD MOHNTON PA 19540 0 Yes 0 No Operator Unit No Person No Date of Birth (MM-DD-YYYY) A B C E F G H I 02 O 1 Delete? p 99 - 99 _F9999 7" ? L?J 00 00 00 a a F Name I Address / Phone f:f1A5 Transport C3 same as OMAR JUAREZ-LOPEZ, TOMAS COLUMBIS OH 9999999999 Operator 0 Yes 0 No Unit No Person No Date of Birth (MM-DD-YYYY) A B C E F G H Delete?- -??EI? ??? Name / Address / Phone EMS Transport Same El as Operator 0 Yes 0 No Unit No Person No Date of Birth (MM-DD-YYYY) A B C. E F G H I o a Delete7 (3 c?-a -can F I c?oaoa Name / Address / Phone EMS Transport Same as Operator 0 Yes 0 No Unit No Person No Date of Birth (MM-DD-YYYY) A B C E FF G H I DO e? Do Q-O -aHHH I? OL:J77F] Name / Address / Phone EMS Transport Same as Operator 0 Yes 0 No Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G H I L-J Del0ete7 _ " U ? Name / Address / Phone EMS Transport Same as Operator O Yes (::)No FORM # AA-500 (12M) - PENNDOT COPY J COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Page AA 500 4 Police Use Only . YWMlllullll Crash Number uosa,<, ? Crash Descrlutlon a 0-Non-Collision 2=Head On 4=Angle 6=Skdeaw 8=Hit Pedestrian 0 t Di ti 1=Rear End 3=Rear to Rear deewip6 ki f on) o rec ( F d c ng) me vxect (Bac on) ixe Object S=Other/Unknown 7=141i a Relation to Roadway 1=On Travel Lanes 3=Median 5=Outside Traf lcway 7=0ore (Ramp Intersection) o 2=ShotJkder 4=Roadslde 6=1n Parking Lane 9=Unknown s r? Illumination 1=Daylkght 3=Dark • Street 6=Dawn U O Ltghtr 6 k k D 2 k 8=Other ?e • wn n no ar ar = • o = =Dusk Roadway LIghti Stre et Is 4 3 Weather Conditions 1 to se 3=Sleet (Hall) 6409 2=Rain 4=Snow 6=Rain & F09 _ 7=Sleet & Fog ! 9=Unknown 8=Other Road Surface Conditions Q 0=Dry y 2=3and, Mud, Din, 4=Slush 6=Ice Patches B-ther 7 W t di S 1=Wet 3=Snow Covered 5=ice = r - tan ng or 0,;r Harm Event L R Most? Poe Wumber _ Harm t Events Harm E 0 30=Hit Fence Or Wall y 1 02 ? ?? 01=Hit Unit i Hit U 02 it 2 31 Hit Building 32=HR Culvert Unit No = n 03=Hit Unit 3 33=14it Bridge Pier Or Abutment O1 2 ? 0 04=Hit Unit 4 OS=Hit Unit 5 34=Hit Parapet End 355=Hit Bridge Rail Of T ff i Hh O h U 36-Hit Boulder Or Ob l t Please Put 3 ? 0 er ic n i= ra t t 07=Hit Deer 08=Hit Other Animal ac e s On Roadway 37=Hit ImpactAtt enuator Events in Sequential 09=Collision With Other Non 38=Hit Fire Hydrant 0 Order 4 ? ?? Fixed Object 11=Struck By Unit 1 392t Roadway Equipment 40=Hit Mail Box 12=Struck Unit 2 41 =Hit Traffic Island N 13=Struck By Unit 3 42=Hit Snow Bank o Harm Event L/R Most? Utility Pole Number 14=Struck By Unit 4 15=Struck By Unit 5 43=Hit Temporary Construction Barrier 5 1 11 16=Struck By Other Traffic U 21 Hk T bbe O Sh R 48=Hit Other Fixed Object 49=Hit Unknown Fixed Object Unit No . ree r ry ru 22 Hit E k b 50-Overturn/Roll Over N I 0 02 F] = m an ment 23=Hit Utility Pole 24 HR T ff Si 51 =Struck By Thrown Or Failing Object is = ic gn ra a 25=Hh Guard Rail 52=Pot Holes Or Other E 26=Hit Guard Rail End i Pavement Irregularities if 53=J k vents in 3 0 Sequential 27=H t Curb 28=Hit Concrete Or n e ac 54=Fire In Vehicle Order Longitudinal Barrier 29=Hit Ditch 58=Other Harmful n 99=Unknown wn Harm Harmful Event 4 ? CD First Unit No Harm Event Most Unit No Harm Event tion QJ 17-Careless Or Illegal }larmfui 1i iul 2 venF-?tTn 01 02 WEE O1 0 2 tributing Action on D Was Distracted Backing On Roadway 18=Driving On The Wrong Of R Sid d h rash g Using Hand Held P r e oa one Do not repast thK inrtuinatlon on nwltlp4 pees g Using Hands free one 19-Making Improper Environmental / Roadway 2 3 l g Illegal U•Turn D4=Maklng pedCareless Turning on From W Lan Entrance To Highway 20=Making improper Exn F m Hi hw far rors (E/R) Fbtentla g r ng e 07=Proceeding W/O g ro ay 29=Careless Parkinoin arkin 00=None 11=Slippery Road Conditions (Ice/Snow) Clearance After Stop p g 22=Over/Under 01=Windy Conditions 12=Substance On Roadway 02=5udden Weather Conditions 13=Potholes 08=Running Sto Sign 094unning it u Compensation At Curve in 03=Other Weather Conditions 14=Broken Or Cracked Pavement 04 d 15 TCD Ob t d R I 10=Failure To nd To Zgapin, Too Fast for Conditions way =Deer struc e oa = n 05=Obstacle On Roadway 16=Soft Shoulder Or Shoulder Drop Off A l i 2 Oth d F i R 6 h Other Traffic Control Devi 11=Tailgatin i % i S d 25=Fai1ure To Maintain Proper Speed 26=Driver Fleeing Police (Pot Chase) er n Roadway oa way actor n ma 8= 0 -Ot er 07 29=Other Environmental Factor Gl 12=Su den n / top ng ow 13=Ille all ed On Road Sto 27=Driver Inexperienced e = are 06=Work Zone Related 99=Unknown g y pp 14--Careless lee Passing Or lane 28=Failure To Use Specialized Equip 92=Affected By Physical Condition as Possibf2 Vehicle Failures (V) 12=Wipers 15=Passingg In No Passing Zone 98=Other Improper Driving Actions 99-Unknown 6 E 00a=None 06=Exhaust ve 00Non 13=Driver Seating/Control 16=Driving The Wrong Way 0 01=Tires 07=Headlights 14-Body, Doors Hood, Etc i il h 1-Way Street tc er H 02=Brake System 08=Signal Lights 15=Tra 03 Steering System 09=Other Lights A ? e15 unit 01 9 00 N 2 3 I I •4 sr d 04=Suspension 10=Horn - 9 o 1-- a a 05=Power Train 11=Minors 18=Trailer Overloaded 19=Ue/Shifted Unit Trailer ailer Load Unit 02 9 2 3 B v 1 00 2 No 01 20=Improper Towing No 21=Obstructed Windshield Unit 02 00 99=Unknown No 1 2 L j PedestLn Action iPJ 00=None 03=Working 04=Pushing Vehicle Or Le Vehi 05=A roachin l vi 01=Entering Or Crossing At pp g e a ng c Specified Location f 06=Working On Vehicle Indicated Prime Factor Unit No Factor Code 02=Walking, Running, Jogging I , 07=Standing 98=Oth r Do not repeal this information on multiple pages. Q2 02. Or Playin g e 99=Unknown E/R V D P U it N O1 U i N 02 02 0 00 a If E/R Is the Prime Factor n o n t o Type, leave Unit No blank Foam 0 AA•e00 (12m2) PENNDOT COPY J COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Page AA 500 5 Poke"' 0* 1 1 ? tlINIIII?NI Crash Number Wb 164247 : 7 -7 s .......... ....,.._ ............. ,.....,.... , ...........:.......... ............ .......... i.......... i..........;.......... ........... ,....................... ........... ........... ....... ........... ,...........i.. :.... f I i i i i ` ! • ...........i.......... i.......... .. , t .........I. ..........I ........................................................... ............i...........i...........i.......... i•..........I...........i...........i....,.,....i.........j....._....i...........j...........i...........i..... .. .. i .... ... ... .. ....... ........... i ..........i ......................i......._..{...........i........._i...........i_.........i...........i..........i....... :...........i...........:....... .......i.......... ........ ... .......i...., .. ........_...i..........i.......... }.................................,...................... i i , ..........:.......», i..........i......._..i...........,...........i..........: ...........i.,........ • ................... . .......j....... ... ... ... _. ... ,...........;...... . ...}........._•.......... ...........i...........?.... ...... i.......... i........... ........... , E ! i ; i m s ...........i...........i..........' ;........._:... _ ................I..............._......i...........G..........i.......... .......... .. ? i i........... ® ...... .... :...........:........... :...........:........... :...........:........... :....................... .......... ... ....... { ...................................._...... .................... ........... {... .... ... .... ........ .... {........... i . .. ... I . : ... ......... _i..........y ....... ... ... ... ... . .......... i....... I....... ... ... ... ......I........... ...i........._i...........{....................:I....................... { i ... ... ... ... ... ... .......:...........1...........I...........i...........,...........{...........{....... ... .._...f...........j........... ...........{.......... t....... I ! i I t ...{.................... ...: .. ... ... ... .......3.......... i.......... I I .......... ....I.... ....:.... ....:.... .. 1 I i 1 1 Witness Name Address Phone JOSHUA JOYCE 1020 E. KERR #G 108 SPRINGFIELD MO 65 4178731000 Z JOSEPH RICHARDS 415 W 23 9F NEW YORK NY 10011 9178384277 Narrative and additional witnesses: Accident Investigation Notification Is ued7 • Property Damage 0 SR0011 is a 5 lane concrete roadway that has 2 lanes running South, 2 lanes unning North and a center left turn lane. This crash occurred on SR0011 South bound in the right lane, 191 feet South f T-585, Country Club Road. Unit # 1 was traveling South on SR0011 in the right lane. The pedestrian was wa king in the middle of the roadway and walked into the South bound left lane. Unit # 1 slowed down to app ximately 10-15 MPH. and started passing the pedestrian. As unit # 1 was passing the pedestrian, the pede trian dove under the semi- trailer of Unit # 1. The rear wheels of Unit # 1 ran over the pedestrian. Operator of Unit # 1, Shorts, related he was traveling South on Rt 11 after getti g off 1-81 N. Short related he slowed down to let a pedestrian cross the road, however the pedestrian waved hi past. Short preceded to travel at a slow rate of speed toward the turnpike. Short looked back and saw tha the pedestrian threw himself C under the trailer tires. Short stopped immediately and ran back as he was calling 11. There was nothing I could N do to help the pedestrian. .m Witness Joshua D. Joyce, related he was traveling South on SR0011, when he aw a guy was partly crossing the road. The Swift truck slowed down to allow the guy to pass. The guy turned b ck as if he was going back to the other side of the road. The Swift truck continued then the guy dove under the railer tandems. Witness I FORM 41 AA_00(IM PENNDOT COPY ,rm Of i> INISYlLNAIM9A ?I ?N fN111?11?1?f Gash Number O New POLOCE CRASH REPWTING FORM Peg* AA 500 N I ftaL e 0* ?n?'?) Change/ WO 64247 I ' ! I O condnuation Narrative and additional witnesses: Joseph Richards related he was traveling South on Rt11 behind the Target S ift Truck. A man was walking erratically across the highway. The truck slowed down. When the man topped in the left lane, apparently to let the truck pass, the truck moved forward. Then suddenly and d liberately, the man jumped under the truck, directly in front of the rear wheels. At the time of this incident, t e truck was moving slowly approximately 10 to 15 MPH. Measurements and photo's were taken at the scene by Sgt. Kingsborough. easurement are as follows: 191 feet from T-585 to the body. 66 feet 6 inches from the body to the center of axles 4 & 5 of Unit # 1. 35 feet 7 inches from the body to the skid marks in the right South lane. The South bound left lane was 12 feet 1 inch wide. i The South bound right lane was 12 feet 1 inch wide. l The South bound shoulder was 4 feet 4 inches wide. The dual skid marks in the right lane were 2 feet 11 inches long. An inspection was completed on Unit # 1. The brakes were within the limits. here nothing found in the cab of Unit # 1 to indicate a use of Alcohol or Drugs. The report number for the OT level 1 inspection is PAM396000116. The pedestrian was pronounced dead at the scene by Cumberland County C roner Eckenrode. There was no identification on the body. He was identified from the tatoos he had, by orkers he was staying with t: at a local motel. a i t i^ III ?I ii I I ?I FORA 0 AA4M " PENNDOT COPY rnim REPWTINRPage: Q New 11110111111111111 Crash Nu "I ?UGE N G (FO AA 500 C mb u"0* Q change/ WO164247 continuation 101 1 05 NUMber (orCO9 Afor 9' unka( Ada 800 ) 800 _ 2200 Cartier Name SWIFT TRANSPORTATION COMPANY INC Address P.O.BOX 29243 City State I PHOENIX AZ I a ? USDOTO ICC # 00054283 ? I- 'T ? PUC M C c(qo so* &a O Auto Transport Vehicle Corktilluret/on O Not Applicable O Flat Bed O Garbage/Refuse O Not Applicable 0 VaniEnktosed Box O Cargo Tank O Dump O Bus O Concrete 9Aixer Q Passenger Car - Only Record Placard DI played if O Other/Unknown Light Truck (Van Mini-Van Pei , , O Hazardous_ ria! Q Yes No class EV 9-d?rev hazardous material Pickup or SUV with NazMat PIi O Sin Unit Truck (2 Axles, 6 0 ? El J F F] 11 O Single Unit Truck (3 k More A 51n k U (Unknown nit Truck I g AXIS O Number s) of AXIS 0 ? ? ? 1-1 O TkvdVITailer(s) D -G1 L1 !? Release lndblor 1 ¦ No Release 2 - Release Occurred 9 - Unkno wn (Unnit No Number of Axles (Code of Ades or 79 for inf ° Carrier Phone Cartier Name State USDOT? ? KC? ? P? CaMg_896 Tvoe Q Auto Transport O Pact Applicable Q Fiat led Q Garbage/Refuse Q Van/Endosed Box O Dump 0 Bus Q Cargo Tank O Concrete Mixer Q Other/Unknown O Yes Q No Enter 1-digit hazardous material class a o a o GVWR 080000 Oversks Load Q Yes a No 0 Unknown O Truk Tractor (Bobtail) 0 Tractor/Semi-Trailer(s) O mdlum/Heavy Truck - Cannot O Small Bus (Seats 9-15 People. Including Driver) O PeBus ople ?nl InMore cluding the Driver) Than O other O Unknown )1 Yehlde Conffrnrration Q Not Applicable Car - On ard Disly played O Hazsfat9 Plac O Pickup at SUVV with H zMat Placard O Is Unit Truck (2 Axles, 6 O Single Unit Truck (3 or More Axles) O Single Unit Truck (Unknown Number of Axles) ? ? ? Q Truck/Trailer(s) G !? d L. Release Indicator I = No Release 2 = Release Occurred 9 = Unknown GGVVWIt 1 Overstze Load Q Yes Q ILb Q Unknown Q Truck Tractor (Bobtail) Q Tractor/Seml-Trailer(s) Medium/Heavy Truck - Cannot Classify O Small BU Driver) 9-15 People, O Bus (Seats Mom Than 15 People, Including the Driver) O Other Q Unknown PENNDOT COPY (C®GnGn"1(n Guam OF PENNSY9-VleNDA !! Crash Nunow l OCIE CRA$Itil fR1lEf?l ONG iFOR9161 Page O New WO 247 AA 500 F rdke u" on"' 0 OM nWuatlon Road Surfau Tvoe Q Brick or Block O Dirt Mil (? Other Federal Sites S?Qedal iwisdiction 0 Concrete Slag, Gravel or O t O Other T1,di ? No Special vation O Other Jurisdiction 'at O Blacktop one S O Unknown O Nations{ Park niversIty vers O Unknown Please complet e Unit information for emb unit involved In a fatal crash. Do no t repeat the information in the fle ds above on multiple pages. Unit No Principle Im?oact Point 0 41 O Non Collision 11 12 0 ? 01 D2 ? Driver Restrictions Restrictions O Complied With Not a Pennsylvania O Driver O Top 0 0 03 CD Compliance No Restrictions/ Restrictions Not 0 Complied With Unknown O Compliance M Undercarriage 0 0 040 Not Applicable Complian nce 0 Unknow 0 Towed Unit 0 0 6 050 unt e E d Required - 0 Not a Pennsylvania O O Unknown O rr ors n Driver Compiled With Driver comma nee Q Required - Non li ce C O Unknown liance Com Avoidance Maneuver d 0 None Required an omp Required - 0 p ance No Avoi Maneuver Bra ing - Other 0 Other Avoidance O Era rice Maneuver Compliance Unknow n Braking Skid Stee ing - Evidence Q in onclusive i d f if CDL rks Evident M c O or D ver Stated Driver Uartse re 0 Neot Requ or hicle Class O Cpl Required a CompUance License 0 for VC a Pennsytvania 0 p i Braking No Skid O Marks Driver and O EStee >9e or Stated raking O Unknown id l sss ver Stated v r O Not Licensed Valid License for ? Class O Unknown Under Ride Indicator Und rride, No h Drug Test Type Blood Q Other - No Underside or override er Q Co artment 0 override, Ot Intr Sion O None O Urine Unknown if Test 0 Given id U d Unknown if Und rride ers e, n , cle or O Drug Test Results - (Up to four ResufLs) O nCom ttrrusortment Ove ride O intro on art unknown 0 = No Test Given S a Amphetamines 1 = No Drug Reported 6 - PCP Emergency Use 0 Ug Flashing 0 Oath Lights and Siren 2 = CoMarituana caine 3 Cocai = ne e 8 = Other 9 = Unknown Test ? Not in Emergency Use Q Sire Sounding O Unknown 4 Opiates = Results Prindo Impact Point 0 0 n 0 Non-Collision 1 12 0 1 02 0 ' Restridions Complied With Not a Pennsylvania O Driver Top Q 003 Restrictions Not nown Q Unk O Undercarriage Complied With Compliance 0 08 04 Q om C O Towed Unit 7 05 Un 0 0 Q Required - O O Not a Pennsylvania Q Unknown s Complied With Driver Required - Non Q Unknown Avoidance Afaneuwr Compliance O None Required Compliance No Avoidance 0 Brakin - Other Other Avoidance 0 O rs Q Required - k Maneuver Maneuver Evid a .: no Compliance Un wn Braking Skid teer S Steen g -Evidence 0 inconclusive Not Required for r k If CDL U 0 Marks Evident 0 or Dri er Stated riy"r iicense a ? 0 Vehide Class o n O CDL Required m ar?ce No Valid License 0 a Pennsylvania O Not Braking - No Skid O Marks, Driver Steers g and Braking Q Unknown O E iden a or Stated d for Class lid License for V Driver Stated v Q Not License a Q Class O Unknown Under Ride indicator No Under ide h Drug Test Type W Bind Q Other Q No Underride or , Override, ot er 0 Comp ment 0 Vehicle Unknown if Test 0 Override Intrusi n Q None Q Urine Given Underclde, Under de, Unknown If s ment O Underride or O Com Drug Test Results - N a to Four Results) ? Q Compartment Intrusion p Intrusi n Unknown Override 0 = No Test Given 5 =Amphetamines 1 = No Drug Reported 6 = PCP D Ernemency Use Q Lights lashing 0 Both Lights and Siren 2 =Marijuana 3 = Cocaine 8 = Other 9 = Unknown Test ? Q Not in Emergency O Siren 5 unding O Unknown 4 = Opiates Results Use JOm 0 as erot rraeoe PENNOOT COPY POUCCEE CMSH @lE IRVI G FORM FERNSYLVAN111A Page Q New Crash Number AA 500 M roue use o"h' ? 10 O Cha ge pon WO? 64247 Unit No For Answers to the below (e xcept for Engine Size end Helmet Type) use the followin coder Y - Yes N = No U = Unknown Engine Size CC Driver Protection 7 Helmet Tyne Helmet Tvar g MotorQWe Has7 The Driver Has? ? Passenger MC Education Saddle Bag and/ or Trunk Trailer 0- No Helmet ? Eye Protection 1 = Full Helmet L.J 2 = 3/4 Style 3- Half Helmet Long Sleeves Style 9 =Unknown ? Long Pants ? Helmet Stay On? Helmet has ? Over Ankle Boots ? DOT or Snell Designation ? ? 0 - No Helmet Eye Protection 1 = Full Helmet 2 = 3/4 Style 3- Half Helmet Long Sleeves Style 9 =Unknown Long Pants ? Helmet Stay On? Helmet has Over Ankle Boots ? DOT or Snell Designation Unit No milk Qd" ? Passenger? ? Helmet? N= No U =Unknown ? LiHead Rear ghts? Reflectors? Unit No Use Codes = Yes N No U = Unktranm Passenger? ? Helmet? Lights? Reflectors? Unit No OS 01 = Marked Crosswalks at Intersection Unit P.E*gdan Locatton 1 = Marked Crosswalks at Intersection 02 = At Intersection - No Crosswalks 2 = At Intersection - No Crosswalks &dtam *aah 03- Non-Intersection Crosswalks Podeghlan Oeli 3 =Non Intersection Crosswalks O Yes W No Q Not at intersection 04 = Driveway Access 05 = In Roadway 06 - Not in Roadway 07 = Median 08 = Island Q Yes Q No Q Not at Intersection =Driveway Access 5 = In Roadway = Not in Roadway = Median = island Pedestrian Clothing 09. Shoulder Pedialtrian cloth . Shoulder Light Q Dark Q Reflective 10 = Sidewalk 11 = < 10 Feet Off Road 12 = > 10 Feet Off Road 13 = Outside Trafficway Q Light Q Dark Q Reflective 1 1 1 1 = Sidewalk = < 10 Feet Off Road = > 10 Feet Off Road - Outside Trafkway O Unknown 14- Shared PathsKtails 99 = Unknown Q Unknown 1 9 - Shared Pathsfrrails = Unknown Work Zone bw Aljere in Waft Zone 7 A? Q Lane Closure7 3 Q Construction (Long Term) Q Maintenance (Short Term) Q Utility Company O Other Q Before 1st Work Zone Waning Sign Q Advance Warring Area Q Transition Area Workers Present Q Activity Area Q Y? Q Termination Area Q No Lam officer PP Q Yes Q No Q Unknown (Mark apply. Invo unkno blank) Road Closed with ? Detour? all that ? Work on Shoulder If not or Median) or Intermittent or , leave ? Moving Work? Flogger Control? list all Warnim Signs Q Other O Unknown in Harratfae ? Other Additional M-Page Information FoRd9AA-80fIMlra>? PENNDOT COPY r 00 CO M co C%j O N is -a t] E E :5 =3 Z z? tm ? U U5 C GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esq./Miles P. Dumack, Esq. IDENTIFICATION NO.: 17987/202278 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, Pa 19102 Telephone: (215) 545-7700 IN RE: REQUEST FOR PRODUCTION OF MIDDLESEX TOWNSHIP POLICE COMPLETE INVESTIGATION FILE AND ALL PHOTOGRAPHS Attorneys for Petitioner Swift Transportation Co., Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 10-7010 Civil PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw the Petition for Court Order to Produce the Middlesex Towbnship Police Investigative File and Photographs, which was filed on November 4, 2010. Date: November 11, 2010 BY: (?"' Robert P. Corbin, Esquire Miles P. Dumack, Esquire Attorneys for Petitioner Swift Transportation Co., Inc. r? _. ;{nom r ? e S t ? s? CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, a true and correct copy of the within Praecipe to Withdraw was served on November 11, 2010 via U.S. First-Class Mail, postage prepaid upon the parties listed below and addressed as follows: Middlesex Township Police Department 350 N. Middlesex Road Carlisle, PA 17013 Officer Gerald R. Steigleman Middlesex Township Police Department 350 N. Middlesex Road Carlisle, PA 17013 BY: A 4 "')) Robert P. Corbin, Esquire Miles P. Dumack, Esquire Attorneys for Petitioner Swift Transportation Co., Inc. Dated: November 11, 2010 r I IN RE: REQUEST FOR PRODUCTION OF MIDDLESEX TOWNSHIP POLICE INVESTIGATORY FILE AND ACCIDENT SCENE PHOTOGRAPHS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 7010 CIVIL TERM ORDER OF COURT AND NOW, this 15TH day of NOVEMBER, 2010, a Rule is issued upon the Middlesex Township Police Department to Show Cause why the requested information should not be provided. Rule returnable twenty (20) days after service. Robert P. Corbin, Esquire The Bellevue Suite 500 200 South Broad Street Phila., Pa. 19102 Middlesex Township Police Department 350 N. Middlesex Road Carlisle, Pa. 17013 sld env 16L e Court Edward E. Guido, J. C 113 fry's _ p 1 . r-- -c cnn E-5 r ?q ?a C N C5 C") `< v 2,0 -C GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esq./Miles P. Dumack, Esq. IDENTIFICATION NO.: 17987/202278 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, Pa 19102 Telephone: (215) 545-7700 Attorneys for Petitioner Swift Transportation Co., Inc. IN RE: REQUEST FOR PRODUCTION : COURT OF COMMON PLEAS OF MIDDLESEX TOWNSHIP POLICE : CUMBERLAND COUNTY, PA COMPLETE INVESTIGATION FILE : AND ALL PHOTOGRAPHS CIVIL ACTION , Ca c • -„ NO. 10-7010 civil o - --I I-TI -? PETITION OF SWIFT TRANSPORTATION CO., INC. TO VACATE HONORABLE COURT'S ORDER DATED NOVEMBER 15, 2010 ?;; c iv _` Swift Transportation Co., Inc. ("Swift") by and through its undersigned attorneys, he eby _< avers the following in support of its Petition: On or about November 4, 2010, counsel for petitioner filed their Petition for Court Order Directing Production of Middlesex Township Police File. See attached Exhibit "A." 2. On or about November 10, 2010, the Middlesex Township Police provided all requested documentation to counsel, and on November 12, 2010, counsel for petitioner filed a Praecipe to Withdraw the above Petition since all documentation was provided by Middlesex Township Police. See Exhibit "B." 4. Thereafter, petitioner received this Court's Rule to Show Cause Order dated November 15, 2010. See Exhibit "C." 4. However, since counsel for petitioner has received all requested information from Middlesex Township Police, it is believed and therefore averred that the Order by this Court dated November 15, 2010 is no longer necessary, and petitioner requests that it be vacated. WHEREFORE, Swift Transportation Co., Inc. respectfully requests that this Honorable Court issue the attached proposed Order vacating this Court's previous Order dated November 15, 2010. Dated: !/ If f Respectfully submitted, GERMAN, GALLAGHER & MURTAGH BY: Robert P. in, Esquire Miles P. Dumack, Esquire Attorneys for Petitioner Swift Transportation Co., Inc. GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esq./Miles P. Dumack, Esq. IDENTIFICATION NO.: 17987/202278 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, Pa 19102 Telephone: (215) 545-7700 Attorneys for Petitioner Swift Transportation Co., Inc. IN RE: REQUEST FOR PRODUCTION OF MIDDLESEX TOWNSHIP POLICE COMPLETE INVESTIGATION FILE AND ALL PHOTOGRAPHS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 10-7010 civil MEMORANDUM OF LAW IN SUPPORT OF PETITION OF SWIFT TRANSPORTATION CO.. INC. TO VACATE THIS HONORABLE COURT'S ORDER DATED NOVEMBER 15.2010 Counsel for Petitioner will rely on its Petition in lieu of a more formal Memorandum of Law. Dated: Respectfully submitted, GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esquire Miles P. Dumack, Esquire Attorneys for Petitioner Swift Transportation Co., Inc. VERIFICATION The undersigned verifies that he is the attorney for Swift Transportation Co., Inc. and that the averments set forth in the within Petition are true and correct to the best of his knowledge, information and belief and that he makes this statement subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: / '?/n."z Robert P. Corbin, Esquire CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, a true and correct copy of the within Petition for Court Order Vacating this Court's Prior Order of November 15, 2010, and Memorandum of Law in Support Thereof was served on t4/__0 via U.S. First- Class Mail, postage prepaid upon the parties listed below and addressed as follows: Middlesex Township Police Department 350 N. Middlesex Road Carlisle, PA 17013 Officer Gerald R. Steigleman Middlesex Township Police Department 350 N. Middlesex Road Carlisle, PA 17013 Dated: // f r 1* C_?a ?? BY: Robert P. Corbin, Esquire Miles P. Dumack, Esquire Attorneys for Petitioner Swift Transportation Co., Inc. ????? '?? FROM I M CTHU>NOV 10 2010 76: oSisi 7o: --------- - - - IN RE: REQUEST FOR PRODUCTION : OF MIDDLESEX TOWNSHIP POLICE : INVESTIGATORY FILE AND ACCIDENT SCENE PHOTOGRAPHS AND NOW, this day of COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 1a- -7?r?o & '// ORDER , 2010, upon consideration of Swift Transportation Co., Inc.'s Petition for Court Order Directing the Middlesex Township Police to produce the complete investigation file and all photographs regarding the accident that occurred on June 28, 2010 along Harrisburg Pike at approximately 191 feet south of its intersection with T-585, Country Club Road in Cumberland County, Pennsylvania and referenced in Commonwealth of Pennsylvania Police Crash Number W0164247 for incident number 20100628M3687, it is hereby ORDERED and DECREED that said Petition is GRANTED and the Middlesex Township Police shall produce the complete investigation file and all photographs regarding the accident that occurred on June 28, 2010 in Cumberland County, Pennsylvania to counsel for Swift Transportation Co., Inc. within twenty (20) days from the date of this Order. Swift Transportation Co., Inc. is responsible for all reasonable costs associated with the production of the complete investigation file and all photographs. BY THE COURT: J. PROM IN RE: REQUEST FOR PRODUCTION : OF PENNSYLVANIA STATE POLICE : INVESTIGATORY AND CRASH ATTACHMENT FILE (THu>NOV 19 2010 IS:0S/ST.IS:04/N0.9306406730 P 4 COURT OF COMMON PLEAS CENTRE COUNTY, PA CIVIL ACTION NO. ALTERNATE ORDER AND NOW, this day of , 2010, upon consideration of Swift Transportation Co., Inc.'s Petition for Court Order Directing the Middlesex Township Police to produce the complete investigation file and all photographs regarding the accident that occurred on June 28, 2010 along Harrisburg Pike at approximately 191 feet south of its intersection with T-585, Country Club Road in Cumberland County, Pennsylvania and referenced in Commonwealth of Pennsylvania Police Crash Number W0164247 for incident number 20100628M3687, it is hereby ORDERED and DECREED that said Petition is GRANTED and the Middlesex Township Police shall not to destroy or otherwise dispose of the requested investigation file and all photographs regarding the accident that occurred on June 28, 2010 in Cumberland County, Pennsylvania absent further Order from the Court. BY THE COURT: J. FROM <T"U>MOV 78 2070 76:06 /ST. 16:04 /No. 0306400730 P S GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, EsgJMiles P. Dumaek, Esq. IDENTIFICATION NO.: 17987/202278 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, Pa 19102 Telephone: (215) 545-7700 Attorneys for Petitioner Swift Transportation Co., Inc. C'3 C` 1V C Co IN RE: REQUEST FOR PRODUCTION : COURT OF COMMON PLEA?o © -,r OF MIDDLESEX TOWNSHIP POLICE : CUMBERLAND COUNTY, PA;m cD ro,=- COMPLETE INVESTIGATION FILE . ?r ? ?Q ? AND ALL PHOTOGRAPHS CIVIL ACTION c - D C:) to - ' . A n NO MC) = n o- oF5 D? _ . . ?? o PETITION OF SWIFT TRANSPORTATION CO., INC. FOR COURT ORDER DIRECTING THE MIDDLESEX TOWNSHIP POLICE DEPARTMENT TO PRODUCE THE COMPLETE INVB IGATION FEE AND ALL PHOTOGRAPHS Swift Transportation Co., Inc. ("Swift") by and through its undersigned attorneys, hereby avers the following in support of its Petition: 1. On or about June 28, 2010, a motor vehicle accident occurred along Harrisburg Pike at approximately 191 feet south of its intersection with T-585, Country Club Road in Middlesex Township, Cumberland County, PA. 2. According to the information obtained to date, a pedestrian was walking up the middle of the roadway and walked into the southbound left lane and proceeded to throw himself under the rear tires of a passing tractor trailer. 3. According to witness statements, the pedestrian was walking erratically across the highway and stopped in the left lane to let the tractor trailer pass. Once the tractor trailer began to FROM CTHU>HOV 18 2010 16:07/ST.16:04/H0.8306408700 P 8 slowly move forward, the pedestrian suddenly and deliberately jumped under the tractor trailer, causing his own death. 4. On or about July 8, 2010, counsel for petitioner received a copy of Commonwealth of Pennsylvania Police Crash Number W0164247 for incident number 20100628M3687. See a true and correct copy of the police report attached hereto and marked as Exhibit "A". On page 7 of the Police Crash Report, it is noted that "measurements and photo's were taken at the scene by Sgt. Kingsborough." See Exhibit "A" at page 7. 6. Counsel for Swift was informed by the Middlesex Township Police that production of the requested materials are only permitted with a valid subpoena. 7. As no civil action has been filed as of yet, Swift does not have standing to issue a subpoena for this information at this time. 8. However, the above additional information obtained to date indicates Swift.. Transportation Co., Inc. was the owner of the tractor involved in this accident. 9. Swift is concerned about the possibility of future litigation in this matter; and was unable to investigate the accident scene prior to the removal of the tractor trailer and the body from the scene at the direction of the police. 10. Accordingly, Swift believes it is entitled to obtain a complete copy of the investigation file and all photographs. 11. Pennsylvania Courts have allowed for pre-complaint discovery in cases where the "party seeking the discovery can show a compelling reason ... and where the discovery request is narrow and the production of the information that is sought will not cause annoyance, embarrassment, oppression, burden or expense to the responding party." Speicher v. Toshok, CTHU)NOV 78 2010 76: 08/ST. 1S: 04 /NO. 9306406730 P 7 r-c - 2003 Pa. Dist. & Cnty. Dec. LEXIS 130 (Pa. C.P. 2003). 12. Swift believes that the Middlesex Township Police complete investigation file and all photographs will be critical to its defense of a civil lawsuit, should one be filed in the future. 13. Production of the requested file will not cause annoyance, embarrassment, oppression, burden or expense to the Middlesex Township Police, as this information is routinely subpoenaed in the course of litigation, and Swift is willing to incur any and all reasonable expenses related to the production of same. 14. Further, the request is narrow in scope, as it is limited only to the investigation file and all photographs already compiled by the Middlesex Township Police. 15. Accordingly, Swift respectfully requests that this Honorable Court issue an Order directing the Middlesex Township Police to provide its undersigned counsel with a copy of the complete investigation file and all photographs, with any reasonable fees and costs for the production of same to be paid by Swift. 16. Alternatively, should the Court deny Swift's request for an Order directing the production of a copy of the complete investigation file and all photographs detailed above, Swift respectfully requests that the Court issue an Order directing the Middlesex Township Police not to destroy or otherwise dispose of the requested materials absent further instruction from the Court. 17. "The spoliation of evidence doctrine is intended to further the public policy of protecting defendants who may be unable to prepare a defense after the destruction or loss ...of a product." The Brotech Corporation v Delmarva Chemicals, Inc., et al., 831 A.2d 613 (Pa. Super. 2003). FROM CTHU)NOV 18 2010 7S:OSIST. 16:04 /No. 9305406730 V 8 18. In the event a civil lawsuit is brought in this matter, Swift believes that the Middlesex Township Police investigation file and photographs will be relevant evidence critical to the defense of Swift and the destruction of same would be a violation of the spoliation of evidence doctrine and contrary to public policy. WHEREFORE, Swift Transportation Co., Inc. respectfully requests that this Honorable Court issue an Order directing the Middlesex Township Police to produce the requested complete investigation file and all photographs, or in the alternative, issue an Order directing the Middlesex Township Police not to destroy or otherwise dispose of the requested materials absent further order from the Court. Respectfully submitted, Dated: // a L;?rl 0 GERMAN, GALLAGHER & MURTAGH BY. Robert P. Corbin, Esquire Miles P. Dumack, Esquire Attorneys for Petitioner Swift Transportation Co., Inc. FROM (THU)HOV 19 2010 15:09/ST.15:04/No.930S400700 P 9 GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esq./MUes P. Dumack, Esq. IDENTIFICATION NO.: 17987/202278 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, Pa 19102 Telephone: (215) 545-7700 Attorneys for Petitioner Swift Transportation Co., Inc. IN RE: REQUEST FOR PRODUCTION OF MIDDLESEX TOWNSHIP POLICE COMPLETE INVESTIGATION FILE AND ALL PHOTOGRAPHS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. MEMORANDUM OF LAW IN SUPPORT OF PETITION OF SWIFT 1. STATEMENT OF FACTS: On or about June 28, 2010, a motor vehicle accident occurred along Harrisburg Pike at approximately 191 feet south of its intersection with T-585, Country Club Road in Middlesex Township, Cumberland County, PA. According to the information obtained to date, a pedestrian was walking up the middle of the roadway and walked into the southbound left lane and proceeded to throw himself under the rear tires of a passing tractor trailer. According to witness statements, the pedestrian was walking erratically across the highway and stopped in the left lane to let the tractor trailer pass. Once the tractor trailer began to slowly move forward, the pedestrian suddenly and deliberately jumped under the tractor trailer, causing his own death. REGARDING THE ACCIDENT WHICH OCCURRED ON JUNE ZS. Zulu IN CUMBERLAND COUNTY, PENNSYLVANIA FROM CTHU)NOV 18 2010 16:00/ST.16:04/No-0006406700 P 10 On or about July 8, 2010, counsel for petitioner received a copy of Commonwealth of Pennsylvania Police Crash Number W0164247 for incident number 20100628M3687. 'See a true and correct copy of the police report attached hereto and marked as Exhibit "A". On page 7 of the Police Crash Report, it is noted that "measurements and photo's were taken at the scene by Sgt. Kingsborough." See Exhibit "A" at page 7. Counsel for Swift was informed by the Middlesex Township Police that production of the requested materials is only permitted with a valid subpoena. As no civil action has been filed as of yet, Swift does not have standing to issue a subpoena for this information at this time. However, the above additional information obtained to date indicates Swift was the owner of the tractor involved in this accident. Swift is concerned about the possibility of future litigation in this matter, and was unable to investigate the accident scene prior to the removal of the tractor trailer and the body from the scene at the direction of the police. Accordingly, Swift believes it is entitled to obtain a complete copy of the investigation file and all photographs. 2. STATEMENT OF QUESTIONS INVOLVED: A. Should the Court issue an Order directing the Middlesex Township Police to provide a copy of the complete investigation file and all photographs regarding the accident which occurred on June 28, 2010 in Cumberland County, Pennsylvania to counsel for Swift? Suggested Answer: Yes. Pennsylvania Courts have allowed for pre-complaint discovery in cases where the "party seeking the discovery can show a compelling reason ... and where the discovery request is narrow and the production of the information that is sought will not cause annoyance, FROM (TNU)NOV 19 2010 78: 09/ST. 75: 04/No. 9306409730 P 11 embarrassment, oppression, burden or expense to the responding party" Speicher v. Toshok, 2003 Pa. Dist. & Cnty. Dec. LEXiS 130 (Pa. C.P. 2003). Swift believes that the Middlesex Township Police investigation file and photographs will be critical to its defense of a civil lawsuit, should one be filed in the future. Production of the requested file will not cause annoyance, embarrassment, oppression, burden or expense to the Middlesex Township Police, as this information is routinely subpoenaed in the course of litigation, and Swift is willing to incur any and all reasonable expenses related to the production of same. Further, the request is narrow in scope, as it is limited only to the investigation file and photographs already compiled by the Middlesex Township Police. Accordingly, Swift respectfully requests that this Honorable Court issue an Order directing the Middlesex Township Police to provide its undersigned counsel with a copy of the complete investigation file and all photographs, with any reasonable fees and costs for the production of same to be paid by Swift. B. In the alternative, should the Court issue an Order directing the Middlesex Township Police not to destroy or otherwise dispose of the requested materials absent further instruction from the Court? Suggested Answer: Yes. "The spoliation of evidence doctrine is intended to further the public policy of protecting defendants who may be unable to prepare a defense after the destruction or loss ...of a product." The Brotech Corporation v. Delmarva Chemicals Inc et al., 831 A.2d 613 (Pa. Super. 2003). Should the Court deny Swift's request for an Order directing the production of a copy of the complete investigation file and photographs detailed above, Swift respectfully requests that FROM CTHU>NOV 18 2010 15:00ZST.1U:04/H-.900154O073O P 12 VERIFICATION The undersigned verifies that he is the attorney for Swift Transportation Co., Inc. and that the averments set forth in the within Petition are true and correct to the best of his knowledge, information and belief and that he makes this statement subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Robert P. Corbin, Esquire Date: /fI7-/01-slo FROM (THU)NOV IS 2010 15:10/ST.IS:04/No.83OU4OS730 P 13 the Court issue an Order directing the Middlesex Township Police not to destroy or otherwise dispose of the requested materials absent further instruction from the Court. In the event a civil lawsuit is brought in this matter, Swift believes that the Middlesex Township Police investigation file and photographs will be relevant evidence critical to the defense of Swift and the destruction of same would be a violation of the spoliation of evidence doctrine and contrary to public policy. 3. CONCLUSION: Based on the foregoing, Swift Transportation Co., Inc. respectfully requests that this Honorable Court issue an Order directing the Middlesex Township Police to produce the requested Middlesex Township Police complete investigation file and all photographs, or in the alternative, issue an Order directing the Middlesex Township Police not to destroy or otherwise dispose of the requested materials absent further order from the Court. Respectfully submitted, Dated: 0 GERMAN, GALLAGHER & MURTAGH BY:-- /t ? _ Robert P. Corbin, Esquire Miles P. Dumack, Esquire Attorneys for Petitioner Swift Transportation Co., Inc. FROM (TNU>NOV 18 2010 16:10/8T.16:04/No.9306408730 R 14 CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, a true and correct copy of the within Petition for Court Order Directing the Middlesex Township Police to produce the Investigation File and scene photographs regarding the accident that occurred on June 28, 2010 in Cumberland County, Pennsylvania, and Memorandum of Law in Support Thereof was served on "t Z41 Z;;ocr; a via U.S. First-Class Mail, postage prepaid upon the parties listed below and addressed as follows: Middlesex Township Police Department 350 N. Middlesex Road Carlisle, PA 17013 Officer Gerald R. Steigleman Middlesex Township Police Department 350 N. Middlesex Road Carlisle, PA 17013 BY:-- i?/ `'1 / /7_ Robert P. Corbin, Esquire Miles P. Dumack, Esquire Attorneys for Petitioner Swift Transportation Co., Inc. Dated: l/ 10 i/ ?`?? ,? r i ?? 1? GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esq./Miles P. Dumack, Esq. IDENTIFICATION NO.: 17987/202278 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, Pa 19102 Telephone: (215) 545-7700 Attorneys for Petitioner Swift Transportation Co., Inc. IN RE: REQUEST FOR PRODUCTION : COURT OF COMMON PLEAS OF MIDDLESEX TOWNSHIP POLICE : CUMBERLAND COUNTY, PA COMPLETE INVESTIGATION FILE : AND ALL PHOTOGRAPHS CIVIL ACTION NO. 10-7010 Civil PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw the Petition for Court Order to Produce the Middlesex Towbnship Police Investigative File and Photographs, which was filed on November 4, 2010. BY: 01 Robert P. Corbin, Esquire Miles P. Dumack, Esquire Attorneys for Petitioner Swift Transportation Co., Inc. M CD =-q M Date: November 11, 2010 = ? - -? -- IrT __, r1j CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, a true and correct copy of the within Praecipe to Withdraw was served on November 11, 2010 via U.S. First-Class Mail, postage prepaid upon the parties listed below and addressed as follows: Middlesex Township Police Department 350 N. Middlesex Road Carlisle, PA 17013 Officer Gerald R. Steigleman Middlesex Township Police Department 350 N. Middlesex Road Carlisle, PA 17013 BY: A t9 (2?c Robert P. Corbin, Esquire Miles P. Dumack, Esquire Attorneys for Petitioner Swift Transportation Co., Inc. Dated: November 11, 2010 .?? ??? ?? FROM .y. . 1 IN RE: REQUEST FOR PRODUCTION OF MIDDLESEX TOWNSHIP POLICE INVESTIGATORY FILE AND ACCIDENT SCENE PHOTOGRAPHS (THU)NOV 18 2010 1S: 015lST. 15: 04/Mo. 8305408730 P 2 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 7010 CIVIL TERM ORDER OF COURT AND NOW, this 15TH day of NOVEMBER, 2010, a Rule is issued upon the Middlesex Township Police Department to Show Cause why the requested information should not be provided. Rule returnable twenty (20) days after service. Ay'?lie Co Robert P. Corbin, Esquire Edward E. Guido, J. The Bellevue Suite 500 200 South Broad Street Phila., Pa. 19102 Middlesex Township Police Department 350 N. Middlesex Road Carlisle, Pa. 17013 :sld NOV z9«,o 3 IN RE: REQUEST FOR PRODUCTION : OF MIDDLESEX TOWNSHIP POLICE : INVESTIGATORY FILE AND ACCIDENT SCENE PHOTOGRAPHS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 10-7010 civil ORDER AND NOW, this 36 day of , 2010, upon consideration of Swift Transportation Co., Inc.'s Petition for Court Order, it is hereby ORDERED and DECREED as follows: This Court's Order dated November 15, 2010 is hereby VACATED. J. nn 0-o 0 t CS' en'a-t c, G1. 'T4 Etq CE'-t-rtAXD Y o ~ <? y n 3. z = Z'>C O On