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HomeMy WebLinkAbout04-5319JASON A. MYERS : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA V. BRADLEY ROBERTS : CIVIL ACTION - LAW Defendant and SHIPPENSBURG TOWNSHIP Defendant : NO. 0 ,5,3 1 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 days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WILLIAM R. HAGNER, ESQUIRE ATTORNEY I.D. NO. 22589 211 WEST LANCASTER AVENUE PAOLI, PA 19301 (610) 644-6565 JASON A. MYERS 13 Knollbrook Circle Malvern, PA 19355 Plaintiff vs. BRADLEY ROBERTS 924 East Walnut Street Perkasie, PA 18944 Defendant and SHIPPENSBURG TOWNSHIP 81 Walnut Bottom Road P.O. Box 219 Shippensburg, PA 17257 Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION-LAW NO. ov yy/f COMPLAINT 1. Plaintiff, Jason A. Myers, is an adult individual residing at 13 Knollbrook Circle, Malvern, Chester County, Pennsylvania. 2. Defendant, Bradley Roberts, is an adult individual residing at 924 East LAW OFFICES DONNELL, HAGNER 5, WILLIAMS, P. C, PAOLI, PENNSYLVANIA Walnut Street, Perkasie, Bucks County, Pennsylvania. 3. Defendant, Shippensburg Township, is a Township of the Second Class, a municipality organized and existing under and by virtue of the laws of the NISTLANCAStERAVENVE Commonwealth of Pennsylvania and located at 81 Walnut Bottom Road, Cumberland County, Pennsylvania. COUNTI JASON A. MYERS V. BRADLEY ROBERTS 4. Plaintiff incorporates herein by reference thereto paragraphs 1 through 3 heretofore as though fully set forth. 5. On or about October 26, 2002, Defendant, Bradley Roberts, was the operator of a 1989 pickup truck, which was owned by his father, involved in the accident hereinafter described. 6. On the aforesaid date, at approximately 12:30 a.m., Defendant, Bradley Roberts, was driving the aforesaid truck in a southerly direction on Britton Road, Township of Sbippensburg, Cumberland County, when it struck Plaintiff, who was walking on Britton Road, a road with no sidewalks. T The accident was directly and proximately caused by the negligence, recklessness and carelessness of Defendant, Bradley Roberts, which negligence, recklessness and carelessness consisted, among other things, of the following: (A) Operating the aforesaid truck in a reckless, careless and NW OFFICES 'DONNELL. HAGNER 6 WILLIAMS. P. C, PA01-1 PENNSYLVANIA MESTIANCASTERAVENVE negligent manner; (B) Operating the aforesaid truck at an improper and illegal rate of speed under the circumstances; (C) Operating the aforesaid truck in disregard of the rules of the road, the Ordinances of the Township of Shippensburg, and the laws of the Commonwealth of Pennsylvania, including, but not limited to, the Motor Vehicle Code, 75 Pa. Cons. Stat. Sections 3301, 3321, 3361 and 3714; (D) Failing to use due care under the circumstances; (E) Failing to give warning of approach or intended direction; (F) Failing to have the aforesaid truck under proper control so as to stop said truck before striking Plaintiff, (G) Failing to keep a proper lookout; (H) Operating the aforesaid truck without regard for the existence of pedestrians upon the road; (1) (i) Fading to yield the right-of-way to Plaintiff, 1WOVEIccS 'DONNELL, HAGNER 6 WILLIAMS. RC. PAOLI. PENNSYLVANIA WEST LANCASTERAVENUE Plaintiff, striking Plaintiff, Upon noticing Plaintiff in the road: (ii) Failing to take evasive action in order to avoid impacting (iii) Failing to apply his brakes in sufficient time to avoid (iv) Operating his motor vehicle in disregard of the rules of the road, the Ordinances of the Township of Shippensburg, and the laws of the Commonwealth of Pennsylvania, including, but not limited to, the Motor Vehicle Code, 75 Pa. Cons. Stat. Sections 3301, 3321, 3361 and 3714; (J) With Plaintiff in full view, the truck was so carelessly, recklessly and negligently operated that it was brought into forcible and violent contact with the Plaintiff, causing him to sustain the injuries set forth below. 8. As a result of the accident, Plaintiff sustained internal injuries in and about his body and limbs, and external injuries in and about his body and limbs, resulting in injuries to his muscles, nerves, bones and ligaments connected thereto. Plaintiff did, in particular but without limitation, sustain contusions to the liver, trauma and contusions to the lungs, concussions, with a brief loss of consciousness, trauma and contusions to the upper and lower body, including trauma to the lumbar vertebra, traumatic pneumothorax, and fractured ribs, some of which or all of which injuries are and may be permanent in nature. Plaintiff was hospitalized for seven days. 9. As a further result of this accident, Plaintiff has been or may in the future be required to expend various sums of money and incur financial obligations in and about an effort to treat and cure himself of the aforesaid injuries, which sums have or may exceed the sum recoverable under the limitations set forth in the V.W O?PICES Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section O'DONNELL. HAGNER & WILOAMS. PO. 1 701 , et. seq. PAOLI, Pf NNSVLVANIA I WEST IANCASTERAVENUE 10. As a direct and reasonable result of this accident, Plaintiff has or may hereafter incur other financial expenses or losses which do or may exceed amounts which he may otherwise be entitled to recover under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et, seq. 11. As a further result of this accident and by reason of the injuries as aforesaid, Plaintiff has and may in the future continue to suffer great pain and agony, mental anguish and humiliation, and has been and may in the future be hindered from attending to his daily duties, functions and occupations, all to his great damage and loss. WHEREFORE, Plaintiff claims dainages from Defendant, Bradley Roberts, in an amount in excess of $50,000.00. COUNT 11 JASON A. MYERS V. SHIPPENSBURG TOWNSHIP 12. Plaintiff incorporates herein by reference thereto paragraphs 1 through 1 I heretofore as though fizlly set forth. 13. At all times relevant hereto, Britton Road was a public road in lAW OFFICES NNELL. HAGNER WILLIAMS. P.G. ELI, PENNSYLVANIA Shippensburg Township, which Defendant, Shippensburg Township, was charged with the duty of designing, constructing and maintaining in a reasonably safe condition. I LANCASTER AVENUE 14. On or about October 26, 2002, at approximately 12:30 a.m., Plaintiff was walking on Britton Road when, because of the negligence, recklessness, carelessness, and wrongful acts and omissions of the Defendant, Shippensburg Township, resulting in Britton Road being an unlit road, and because there were no sidewalks along Britton Road, Plaintiff had to walk on an unlit roadway in the dark where he was struck by the pickup truck being operated by Defendant, Bradley Roberts. 15. The negligence, recklessness and carelessness of Defendant, Shippensburg Township, consisted of. (A) Failing to design, construct, and maintain the road in a safe condition for pedestrians; (B) Failing to erect street lights on the road frequently traversed by college students and other pedestrians, in disregard of an unreasonable risk of harm to pedestrians; (C) Failing to construct and maintain sidewalks along the road frequently traversed by college students and other pedestrians, in disregard of an unreasonable risk of harm to pedestrians; (D) Failing to correct dangerous conditions which it knew or should 'W0 F ES have known to be dangerous; 'ONNELL, HAGNER WILLIAMS. P.C. (E) Negligence as a matter of law; 1011. PENNSYLVANIA :$T UNCASTER AVENUE (F) Such other acts or omissions by Defendant, Shippensburg Township, constituting the negligence which may be ascertained during the course of discovery or at the trial of this case. 16. As a direct and proximate result of the negligence, recklessness and carelessness of Defendant, Shippensburg Township, Plaintiff sustained the serious injuries described in paragraph 8 heretofore. 17. In order to treat the aforesaid injuries, Plaintiff has been compelled to expend various large sums of money for medicine and medical attention. 18. As a further result of this accident and by reason of the injuries as aforesaid, Plaintiff has and may in the future continue to suffer great pain and agony, mental anguish and humiliation, and has been and may in the future be hindered from attending to his daily duties, functions and occupations, all to his great damage and loss. WHEREFORE, Plaintiff claims damages from Defendant, Shippensburg Township, in an amount in excess of $50,000.00. Respectfully submitted: WILLIAM R. HAGNE Attorney for Plaintiff UW OFFICES O'DONNELL. HAGNER 6 WILLIAMS. P.C. PAOII, PENNSYLVANIA I I WE3? UNCASTER AVENUE VERIFICATION I, Jason A. Myers, Plaintiff in the foregoing Complaint, do hereby verify that the statements made in said Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 10 1"1 I n %-l JASON . MYERS ,AW.Mf Cs "DONNELL. HAGNER 6 WIWAMS. PC. PAOLI. PENNSYLVANIA WEST UNCASTCR AVENUE c'lpersonal mprylDonald R. MyerslComplaint c a Z ?l ( J o Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com Attorneys for Defendant Shippensburg Township JASON A. MYERS, v. IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Shippensburg Township, in connection with the above-captioned matter. Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Date: ? i 5 log By: _ Amy L. Cory Host, Esq. CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Entry of Appearance upon the following persons at the following addresses by sending same in the United States mail, first-class, postage-paid: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Attornej, for Plaintiff Bradley Roberts 924 E. Walnut Street Perkasie, PA 18944 Date: 11I d o ( G Angela N. Ho hel r Legal Secretary to Amy L. Coryer-Host _ 7 -i Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer crtaverylaw.com JASON A. MYERS, Plaintiff V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED NOTICE TO PLEAD To: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Bradley Roberts 924 E. Walnut Street Perkasie, PA 18944 You are hereby notified to file a written response to the enclosed Answer with New Matter and Crossclaim within twenty (20) days from service hereof or a judgment may be entered against you. Lavery, Faherty, Young & Patterson, P.C. Date: _ I l i l bH By:? _ Amy L. Coryeost, Esq. Attorney for Defendant Shippensburg Township Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, SHIPPENSBURG TOWNSHIP, TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Shippensburg Township, by and through undersigned counsel, Lavery, Faherty, Young & Patterson, P.C., and for its Answer to the Complaint of Plaintiff, states as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. 2. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. 3. Admitted. COUNTI JASON A. MYERS V. BRADLEY ROBERTS 4. Answering Defendant incorporates herein by reference the averments contained in paragraphs one (1) through three (3) of the foregoing Answer as if fully set forth herein. 5. No answer is required as this averment is directed to a Defendant other than the Answering Defendant. 6. No answer is required as this averment is directed to a Defendant other than the Answering Defendant. 7. No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (A) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (B) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (C) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (D) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (E) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (F) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (G) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (H) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (I) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (1) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (ii) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (iii) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (iv) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. (J) No answer is required as this averment is directed to a Defendant other than the Answering Defendant. 8. No answer is required as this averment is directed to a Defendant other than the Answering Defendant. 9. No answer is required as this averment is directed to a Defendant other than the Answering Defendant. 10. No answer is required as this averment is directed to a Defendant other than the Answering Defendant. 11. No answer is required as this averment is directed to a Defendant other than the Answering Defendant. WHEREFORE, Answering Defendant, Shippensburg Township, respectfully requests that this Honorable Court grant judgment in its favor and against all other parties on the Complaint, together with costs and expenses. COUNT II JASON A. MYERS V. SHIPPENSBURG TOWNSHIP 12. Answering Defendant incorporates herein by reference the averments contained in paragraphs one (1) through eleven (11) of the foregoing Answer as if fully set forth herein. 13. Denied. The corresponding allegations are denied because Plaintiffs Complaint fails to identify "at all times relevant hereto" with sufficient specificity. To the extent a further answer is required, the allegation that the Answering Defendant was charged with the duty of designing, constructing and maintaining Britton Road in a reasonably safe condition is denied as an improper conclusion of law. 14. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation that Plaintiff was walking on Britton Road on October 26, 2002 at 12:30 a.m. and, accordingly, such allegation is denied. Further, the corresponding allegations are denied as conclusions of law to which no response is required. It is specifically denied that the Answering Defendant was negligent, reckless or careless or that it committed wrongful acts and/or omissions. To the contrary, Answering Defendant at no time was negligent, careless or reckless and at all times acted completely in accordance with accepted standards of care consistent with standards of the community and applicable law and regulation. Britton Road is a rural road and there is no duty on the part of the Township to install traffic lights or construct sidewalks. 15. Denied. The corresponding allegations are denied as conclusions of law to which no response is required. It is specifically denied that the Answering Defendant was negligent, reckless or careless. To the contrary, Answering Defendant at no time was negligent, careless or reckless and at all times acted completely in accordance with accepted standards of care consistent with standards of the community and applicable law and regulation. Britton Road is a rural road and there is no duty on the part of the Township to install traffic lights or construct sidewalks. (A) Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. It is specifically denied that Answering Defendant failed to design, construct and maintain Britton Road in a safe condition. (B) Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. It is specifically denied that the Township had a duty to erect street lights on this rural road. It is also specifically denied that lack of street lights posed an unreasonable risk of harm to pedestrians. (C) Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. It is specifically denied that the Township had a duty to construct sidewalks on this rural road. It is also specifically denied that lack of sidewalks posed an unreasonable risk of harm to pedestrians. (D) Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. It is specifically denied that a dangerous condition existed on Britton Road. (E) Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. It is specifically denied that Answering Defendant was negligent. To the contrary, Answering Defendant at no time was negligent and at all times acted completely in accordance with accepted standards of care consistent with standards of the community and applicable law and regulation. (F) Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. It is specifically denied that Answering Defendant was negligent. To the contrary, Answering Defendant at no time was negligent and at all times acted completely in accordance with accepted standards of care consistent with standards of the community and applicable law and regulation. 16. Denied. The corresponding allegations are denied as conclusions of law to which no response is required. It is specifically denied that the Answering Defendant was negligent, reckless or careless. To the contrary, Answering Defendant at no time was negligent, careless or reckless and at all times acted completely in accordance with accepted standards of care consistent with standards of the community and applicable law and regulation. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation that Plaintiff sustained the serious injuries described in paragraph eight (8) of the Complaint and, accordingly, such allegation is denied. Furthermore, all allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. 17. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation that Plaintiff has been compelled to expend various large sums of money for medicine and medical attention and, accordingly, such allegation is denied. Furthermore, all allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. 18. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, such allegations are denied. Furthermore, all allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. WHEREFORE, Answering Defendant, Shippensburg Township, respectfully requests that this Honorable Court grant judgment in its favor and against all other parties on the Complaint, together with costs and expenses. NEW MATTER The Answering Defendant hereby raises the following New Matter: 19. Answering Defendant incorporates herein by reference the averments contained in paragraphs one (I) through eighteen (18) of the foregoing Answer as if fully set forth herein. 20. Britton Road is a rural road. 21. There is no duty on the part of Answering Defendant to install sidewalks on Britton Road. 22. There is no duty on the part of Answering Defendant to erect street lights on Britton Road. 23. Based upon information and belief, the Plaintiff, Jason Myers, prior to October 26, 2002, was fully aware that Britton Road did not have street lights and did not have sidewalks. 24. Despite prior knowledge that Britton Road did not have street lights or sidewalks, the Plaintiff, Jason Myers, voluntarily chose to walk along Britton Road 25. The Plaintiff, Jason Myers, was not required to walk along the paved portion of Britton Road and could easily have walked in the grassy area off the roadway itself. 26. Because the Plaintiff, Jason Myers, was walking on a dark road at 12:30 a.m., Answering Defendant believes, and therefore avers, that the Plaintiff, Jason Myers, may have been under the influence of alcohol or drugs. 27. No dangerous condition existed on Britton Road. 28. If a dangerous condition existed on Britton Road, such condition being specifically denied, this condition did not create a reasonable foreseeable risk. 29. To the best of Answering Defendant's knowledge, there were no prior pedestrian accidents that occurred on Britton Road. 30. To the best of Answering Defendant's knowledge, Answering Defendant did not receive any complaints from motorists, pedestrians or citizens regarding Britton Road and the lack of street lights or sidewalks on Britton Road. 31. Answering Defendant, Shippensburg Township, falls within the definition of a "local agency" under 42 Pa.C.S. § 8501. 32. Plaintiffs claims are barred and/or limited by application of the Pennsylvania Political Subdivision Tort Claims Act. Answering Defendant pleads application of all defenses, privileges, immunities, and limitations on recovery contained therein. 33. The Plaintiff has not and cannot plead facts to establish an exception to the immunity the Answering Defendant is afforded under the Political Subdivision Tort Claims Act. a. The "vehicle liability" exception to immunity does not apply as the subject incident did not arise out of the operation of a motor vehicle. b. The "care, custody or control of personal property" exception does not apply as this case does not involved personal property in the possession or control of the Answering Defendant. Further, the only losses recoverable under this exception are property losses suffered with respect to the personal property. The Plaintiff has not claimed and cannot claim a property loss. C. The "real property" exception does not apply as this exception does not include streets. d. The "trees, traffic controls or street lighting" exception does not apply as no street lights existed and this exception only applies to street lights under the care, custody and control of the local agency. e. The "utility service facilities" exception does not apply as the Plaintiff is not alleging a dangerous condition of facilities of steam, sewer, water, gas or electric systems. f. The "streets" exception does not apply as no dangerous condition existed that created a reasonably foreseeable risk. g. The "sidewalks" exception does not apply as the Plaintiff is not alleging a dangerous condition of a sidewalk. No sidewalk existed so there cannot be a dangerous condition of a sidewalk. h. The "care, custody or control of animals" exception does not apply as this case has nothing to do with any animal in the possession or control of the Answering Defendant. 34. The Plaintiff may have failed to state a cause of action upon which relief can be granted. 35. The applicable Statute of Limitations may have expired prior to the institution of this action. 36. Discovery may reveal that Plaintiffs claims may be barred in whole or in part by one or more affirmative defenses set forth in Pa.R.C.P. §1030, which are incorporated herein by reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata, release or immunity from suit. 37. Answering Defendant was not negligent. 38. The Answering Defendant's agents, servants and/or employees were not negligent. 39. Any acts or omissions of the Answering Defendant and/or the Answering Defendant's agents, servants and/or employees alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiff. 40. The incident and/or damages described in the Plaintiffs Complaint may have been caused or contributed to by the Plaintiff. 41. Plaintiffs negligence exceeds that of Defendants, if such is proven. 42. The Plaintiff may have assumed the risk. 43. The Plaintiff may have been contributorily negligent. 44. The incident, injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by Answering Defendant. 45. The peril or danger of which Plaintiff complains, to the extent it existed, which Answering Defendant denies, was open and obviously known to the Plaintiff, Jason Myers, who nevertheless conducted himself in such a manner as to expose himself to said peril or danger. 46. Plaintiff may not have properly mitigated his damages. 47. Plaintiffs claims are barred and/or limited by application of Pennsylvania's Comparative Negligence Act. 48. Plaintiffs alleged injuries and/or damages were caused by the contributory, superseding and/or intervening actions of other persons and/or parties, and not by any actionable conduct on the part of Answering Defendant. 49. Plaintiffs claims are barred for failure to provide the required notice to government entities pursuant to 42 Pa.C.S. §5522 within six months from the date of the accident. 50. Answering Defendant did not have notice, written or otherwise, of the alleged dangerous condition. In the alternative, if said notice was received, it was not received in sufficient time prior to the alleged accident for the Answering Defendant to have corrected or to have caused to have corrected the alleged dangerous condition. 51. Any conduct on the part of Answering Defendant was not the legal or proximate cause of Plaintiffs injuries. In the alternative, any conduct on the part of Answering Defendant, at most, facilitated Plaintiffs injuries and, therefore, Answering Defendant bears no liability to Plaintiff. NEW MATTER CROSS-CLAIM PURSUANT TO Pa.R.C.P. 2252(d) 52. Answering Defendant incorporates herein by reference the averments contained in paragraphs one (1) through fifty-one (51) of the foregoing Answer as if fully set forth herein. 53. Without admission or adoption, and for purposes of this New Matter Cross- Claims only, the averments of Plaintiffs Complaint are incorporated herein by reference as if set forth at length. 54. Liability on the part of Answering Defendant, Shippensburg Township, is specifically denied. 55. If the averments contained in the Plaintiffs Complaint are established, said averments being specifically denied as they may relate to the Answering Defendant, Shippensburg Township, then the injuries and damages complained of were caused solely by Defendant, Bradley Roberts. 56. Answering Defendant, Shippensburg Township, pursuant to Pennsylvania Rules of Civil Procedure 2252(d), hereby joins as Additional Defendant, Bradley Roberts, for purposes of contribution and indemnification on the claims of the Plaintiff and hereby avers that said Additional Defendant is alone liable on the Plaintiffs claims, is liable over to Answering Defendant, or is jointly and severally liable with Answering Defendant on the Plaintiffs causes of action. WHEREFORE, Answering Defendant, Shippensburg Township, respectfully requests that this Honorable Court grant judgment in its favor and against all other parties on the Plaintiffs Complaint, together with costs and expenses. Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Date: I) I I I b `1 By: 0" Amy L. Co r-Host, Esq. Attorney for Defendant Shippensburg Township VERIFICATION I, John Bard, Supervisor of Shippensburg Township, do hereby swear and affirm that the facts and admission set forth in the Answer and New Matter with Cross-Claim are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: "_----_ a? ?Jo Bard CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Answer with New Matter and Cross-Claim upon the following persons at the following addresses by sending same in the United States mail, first-class, postage-paid: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff Bradley Roberts 924 E. Walnut Street Perkasie, PA 18944 Date: 1(111164 40oNNk, Angela D. Horchler Legal Secretary to Amy L. Coryer-Host 'T 7T Cf 1 r , I'1 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com JASON A. MYERS, Plaintiff V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Attorneys for Defendant Bradley Roberts IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04-5319 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED APPEARANCE AND NOW, this 19th day of November, 2004, enter the appearance of C. ROY WEIDNER, JR., I.D. 19530, on behalf of Defendant Bradley Roberts in the above captioned suit. JOHNSON, DUFFIE, STEWART & WEIDNER By: . Roy Weidner, Jr. :239547 CERTIFICATE OF SERVICE AND NOW, this 19"' day of November, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 Amy L. Coryer-Host, Esquire Lavery, Faherty, Young & Patterson 301 Market Street Harrisburg, PA 17101 :239547 JOHNSON, DUFFIE, STEWART & WEIDNER By: r,?lp a4dVmz,,& 1 417 Michelle H. Spangler i? F1! ? 611 WILLIAM R. HAGNER, ESQUIRE ATTORNEY I.D. NO. 22589 211 WEST LANCASTER AVENUE PAOLI, PA 19301 (610) 644-6565 JASON A. MYERS Plaintiff vs. BRADLEY ROBERTS Defendant and SHIPPENSBURG TOWNSHIP Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-5319 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, SHIPPENSBURG TOWNSHIP, SET FORTH IN DEFENDANT- SHIPPENSBURG TOWNSHIP'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Plaintiff, Jason A. Myers, by his counsel, William R. Hagner, Esquire, files the following Reply to New Matter of Defendant, Shippensburg Township, and Answer to New Matter Cross-claim. 19. Plaintiff incorporates by reference thereto, as though fully set forth, the averments 1 through 18 set forth in the Complaint. 20. Denied. The conclusion of law set forth in this averment is denied. LAW OFFICES I I O'DONNELL, HAGNER lI{ & WILLIAMS, P.C. PAOLI PENNSYLVANIA 211 WEST LANCASTER AVENUE 21. Denied. The conclusion of law set forth in this averment is denied. 22. Denied. The conclusion of law set forth in this averment is denied. 23. Denied. Plaintiff denies that prior to October 26, 2002, he was fully aware that Britton Road did not have street lights and did not have sidewalks. The conclusion of law set forth in this averment is denied. 24. Admitted in part. Denied in part. The conclusions of law set forth in this averment are denied. 25. Denied. The conclusions of law set forth in this averment are denied. 26. Denied. Plaintiff is without sufficient information to form a belief as to the truth of what Answering Defendant believes. By way of further answer, the conclusions set forth in this averment are denied.. 27. Denied. The conclusion of law set forth in this averment is denied. 28. Denied. The conclusions of law set forth in this averment are denied. 29. Denied. Plaintiff is without sufficient information to form a belief as to the truth of Answering Defendant's knowledge. 30. Denied. Plaintiff is without sufficient information to form a belief as to the truth of Answering Defendant's knowledge. LAW OFFICES O'DONNELL. HAGNER 31. Denied. The conclusion of law set forth in this averment is denied. 32. Denied. The conclusions of law set forth in this averment are denied. 33. Denied. The conclusions of law set forth in this averment are denied. 33. a. b. c. d. e. f. g. and h. Denied. The conclusions of law set forth in all & WILLIAMS. P.C. subsections of Paragraph 33 are denied. PAOLI. PENNSYLVANIA 211 WEST LANCASTER AVENUE 34. Denied. The conclusion of law set: forth in this averment is denied. 35. Denied. The conclusion of law set forth in this averment is denied. 36. Denied. Plaintiff is not able to respond adequately to this averment, as Plaintiff is not certain what discovery may reveal. By way of further answer, Plaintiff believes, and therefore avers, that affirmative defenses set forth in Pa.R.C.P. § 1030 are not available to Answering Defendant. By way of still further answer, any conclusions of law set forth in this averment are denied. 37. Denied. The conclusion of law set forth in this averment is denied. 38. Denied. The conclusion of law set forth in this averment is denied. 39. Denied. The conclusions of law set: forth in this averment are denied. 40. Denied. The conclusions of law set: forth in this averment are denied. 41. Denied. The conclusion of law set forth in this averment is denied. 42. Denied. The conclusion of law set forth in this averment is denied. 43. Denied. The conclusion of law set forth in this averment is denied. 44. Denied. The conclusions of law set. forth in this averment are denied. 45. Denied. The conclusions of law set. forth in this averment are denied. 46. Denied. The conclusion of law set forth in this averment is denied. 47. Denied. The conclusion of law set forth in this averment is denied. 48. Denied. The conclusions of law set forth in this averment are denied. LAW OFFICES O'DONNELL. HAGNER 6 WI LLIA MS. R..C. PAOLI. PENNSYLVANIA 211 WEST LANCASTER AVENUE 49. Denied. The conclusion of law set forth in this averment is denied. 50. Denied. The conclusions of law set forth in this averment are denied. 51. Denied. The conclusions of law set forth in this averment are denied. PLAINTIFF'S ANSWER TO NEW ATTER CROSS-CLAIM, PURSUANT TO Pa. C.P. 2252(d) 52. Plaintiff incorporates by referenc thereto, as though fully set forth, i Plaintiff's allegations set forth in Paragraphs 1 through 18 set forth in the Complaint, and Plaintiff s Answers set forth in Paragraphs 19 through 51 of Plaintiff's Reply to New Matter, heretofore. 53. Admitted. 54. Admitted in part. Denied in pat. It is admitted that Answering Defendant pleads Answering Defendant is not liable. It is denied that Answering Defendant is not liable as a matter of law. 55. Plaintiff makes no answer to this allegation, as this allegation is directed to Defendant-Bradley Roberts 56. Plaintiff makes no answer to this allegation, as this allegation is directed to Defendant-Bradley Roberts. WHEREFORE, Plaintiff respectfully' requests your Honorable Court to grant Judgment in favor of Plaintiff and against Answering Defendant, Shippensburg Township, and Bradley Roberts, Defendant, in an amount set forth in the Complaint filed in this action. Respectfully submitted: LAW OFFICES I I O'DONNELL. HAGNER 11 & WILLIAM S. P. C. -- PAOLI. PENNSYLVANIA 211 WEST LANCASTER AVENUE • WILLIAM R. HAGNER, ES Attorney for Plaintiff VERIFICATION I, Jason A. Myers, Plaintiff, do hereby verify that the statements made in LAW OFFICES O'DONNELL. HAGNER 6 WILLIAMS. P. C. PAOLI PENNSYLVANIA 211 WEST LANCASTER AVENUE Plaintiff's Reply to New Matter of Defendant, Shippensburg Township, set forth in Defendant- Shippensburg Township's Answer and New Matter to Plaintiff's Complaint and Plaintiff s Answer to New Matter Cross-claim, Pursuant to Pa.R.C.P. 2252(d), are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date:J r _ ?? ? y ?.? .?.? ?._ _c-' .. tw? ? ?j tI',?.. ? r,.? [? ...`? •.i?f \? -? C.ti! C') ??t --i T._n ??? ?;.?_ -n ?'.7 ?.? 4? ?? t,y _A ..?, o? 1' ?:. ?"? ?: ??? - <., Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com JASON A. MYERS, Plaintiff V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Attorneys for Defendant Bradley Roberts IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04-5319 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT BRADLEY ROBERTS' REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT SHIPPENSBURG TOWNSHIP AND NOW, this day of December, 2004, comes Defendant Bradley Roberts, through his undersigned attorneys, and replies to the new matter of Additional Defendant Shippensburg Township as follows: 19. - 51. Denied. These averments are deemed denied as ones to which no responsive pleading on the part of Defendant Bradley Roberts is required. NEW MATTER CROSS-CLAIM PURSUANT TO P&R.C.P. 2252(d) 52. - 53. Admitted in Part. Denied in Part. The averments of Defendant Bradley Roberts' answer to Plaintiff's complaint are incorporated by reference herein. 54. Denied. This averment is deemed denied as one to which no responsive pleading on the part of Defendant Bradley Roberts is required. 55. - 56. Denied. WHEREFORE, Defendant Bradley Roberts demands judgment in his favor. JOHNSON, DUFFLE, STEWART & WEIDNER By: oy Weidner, Jr. :240478 22740-1839 VERIFICATION The undersigned says that the facts set forth in the foregoing answer are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. By: t -? BRAD Y ROBERTS Dated: -7 DC r_ O V CERTIFICATE OF SERVICE r A AND NOW, this day of December, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 Amy L. Coryer-Host, Esquire Lavery, Faherty, Young & Patterson 301 Market Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: chelle H. Spangler :240478 Co 1) CZ Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 c?w@jdsw.com Attorneys for Defendant Bradley Roberts JASON A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants NO. 04-5319 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies 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 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notices of Intent, including the proposed subpoenas, are attached to this certificate; 3) No objection to the subpoenas has been received; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. By C. Roy Weidner, Jr. Attorney I.D. No. 19530 301 Market: Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: Attorneys for Defendant Bradley Roberts Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant Bradley Roberts JASON A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants NO. 04-5319 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Jason A. Myers c/o William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 PLEASE TAKE NOTICE that Defendant intends to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNE --'-"`? By?f ?.. C. oy Weidner, Jr. Attorney I.D. No. 19530 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Bradley Roberts DATE: COMMONWEALTH OF PENNSYLVALNIA COUNTY OF CUMBERLAND JASON A. MYERS, vs. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Plaintiff File No. 04-5319 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersburg Hospital, 112 North 7`" Street, Chambersburg, PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Jason Myers; Social Security No.: 178-64-1607. at C. Roy Weidner, Jr., Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant, Bradley Roberts By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JASON A. MYERS, VS. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Plaintiff File No. 04-5319 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: York Hospital, 1001 S. George Street, York, PA 17405 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Jason Myers; Social Security No.: 178-64-1607. at C. Roy Weidner. Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidiner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant. Bradley Roberts By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JASON A. MYERS, vs. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Plaintiff File No. 04-5319 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West End Fire and Rescue Company, 49 Lurean Avenue, Shippensburv, PA 17257 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Jason Myers; Social Security No.: 178-64-1607. at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 1DERSON. NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant, Bradley Roberts By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JASON A. MYERS, vs. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Plaintiff File No. 04-5319 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vigilant Hose Company, 129 East King Street, Shinnensburg, PA 17257 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Jason Myers; Social Security No.: 178-64-1607. at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 J'ERSON. NAME: C. Roy Weidner, Jr., Johnson, Duffle. Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne. PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant, Bradley Roberts By the Court: DATE: of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JASON A. MYERS, VS. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Plaintiff File No. 04-5319 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harlevsville Insurance, 355 Maple Avenue, Blda. D2, Harleysville, PA 19438 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents concerning first-party benefits provided by Harleysville including Dec Sheet, all memoranda, reports, statement, medical records, phone messages, adjuster notes and expert reports pertaining to Jason Myers; Claim No.: M0387886; Social Security No.: 178-64-1607. at C. Roy Weidner, Jr., Johnson, Duffie, Stewart & Weidner, 301 %Aarket Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Roy Weidner, Jr., Johnson, Duffie, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendant, Bradley Roberts By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this day of December, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 Amy L. Coryer-Host, Esquire Lavery, Faherty, Young & Patterson 301 Market Street Harrisburg, PA 17101 JOHNSON, DUFFIIE, STEWART & WEIDNER ? ?. By: 1-7 Elizabeth L. Ziegler--, :240307 CERTIFICATE OF SERVICE AND NOW, this day of December, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 Amy L. Coryer-Host, Esquire Lavery, Faherty, Young & Patterson 301 Market Street Harrisburg, PA 17101 :240307 JOHNSON, DUFFIIE, STEWART & WEIDNER By: Eli beth L. Zieg n c A rrl { , i N Cl I co r j C] c-, G Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the Defendants hereby certify that: a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each parry 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 subpoena, is attached to this certificate; 3. no objection to the subpoena has been received; and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Respectfully submitted, Lavery, Faherly, Young & Patterson, P.C. By:- Amy L. Cory Host, Esquire Atty No. 81728 225 Market Street, Suite 304 P.O. Box 1245 DATE: J I (? X05 Harrisburg, PA 17108-1245 Attys for Defendants CERTIFICATE OF SERVICE I, Kelly Foreman, an employee of the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this L day of January 2005, 2004, I served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 via U.S. First Class mail, postage prepaid, addressed as follows: William R. Hagner, Esquire 211 West Lancaster Avenue Paoli, PA 19301 C. Roy Weidner, Jr., Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 7 / Kelly Forean,. Paralegal to Amy L. Coryer-Host Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, Plaintiff V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA.R.C.P. RULE NO. 4009.21 TO: COUNSEL/ PARTIES OF RECORD: Defendant(s), Shippensburg Township, 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. Respectfully submitted, Lavery, Faherl.T, Young & Patterson, P.C. By: l , n Amy L. oryer Host Atty No. 82718 225 Market Street, Suite 304 P.O. Box 1245 DATE: 11) IE iry Harrisburg, PA 17108-1245 Attys for Defendants CERTIFICATE OF SERVICE I, Kelly M. Foreman, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this day of December, 2004, I served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena via U.S. First Class mail, postage prepaid, addressed as follows: William R. Hagner, Esquire 211 West Lancaster Avenue Paoli, PA 19301 C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 ,;/, L Kelly M. Foreman Paralegal to Amy L. Coryer-Host COMMONWEALTH OF PENNSYZVANIA COUNTY OF CUMBERLAND Jason A. Myers, Plaintiff File No. 04-5319 V. - Bradley Roberts and Shippensburg Township, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania State Police (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: The-complete accident report and photographs taken by the Pennsylvania State Police, accident No P0361132. at 225 Market Street, suite 304 Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (26) 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: N?Ate: Amy L. Coryer-Host, Esquire ADDRESS: 225 Market St Suite 304 Pr) Box 1245 Harrisburg, PA 17108 TELEPHONE: (717) 233-6633 SUPREME COURT ID # 8 2 718 ATTORNEY FOR Shippens urg Township BY Date: J y Seal of the Cou. COURT: Prothonotary, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jason A. Myers, Plaintiff File No. 04-5319 v. Bradley Roberts and Shippensburg Township, Defendants SUBPOENA TO PRODUCE DOCUAMM OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO_ West End Fire and Rescue (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any: and all medical records pertaininq to Jason Myers. at 225 Market Street, suite 304 Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting 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 tbings required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE :FOLLOWING PERSON: NAME: Amy L. Coryer-Host, Esquire ADDRESS:-2-25 Market St. Suite 304 PO Box 1245 Harrisburg, PA 17108 TELEPHONE:(717) 233-6633 SUPREME COURT ID # 8 2 718 ATTORNEYFOR Shippensburg Township Date: , j4/ Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jason A. Myers, Plaintiff File 1` 04-5319 v. Bradley Roberts and Shippensburg Township, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vigilant Hose Company (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records pertaining to,,Jason Myers. at 225 Market Street, suite 304 Harrisburg, PA 17101 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 parry 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 TIE FOLLOWING PERSON: NAME: Amg L. Coryer-Host, Esquire ADDRESS: 275 Market St. Suite 304 Po Box 1245 Harrisburg, PA 17108 TELEPHONE:(717) 233-6633 SUPREME COURT ID # 8 2 718 ATTORNEY FOR: Shippensburg Township Date: _=1?'S?_? t Seal of the Court BY COURT: Prothonotary, Civil Dn sion Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jason A. Myers, Plaintiff File No. 04-5319 v. Bradley Roberts and Shippensburg Township, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersburg Hospital (Naive of pe=rson cr Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: and all medical records including blood alcohol testing records pertaining to Jason A. Myers. at 225 Market Street, suite 304 Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or Produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: T*pnE: Amy L. Coryer-Host, Esquire ADDRESS: 225 Market at. Suite 304 PO Box 7245 Harrisburg, PA 17108 TELEPHONE: (717) 233-6633 SUPREME COURT ID # 8 2 718 ATTORNEYFOR: Shippensburg Township Date: lc- / 'S? alb Z Seal of the Court BY MCOTURT : ProotthhonotCivil Division ° Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jason A. Myers, Plaintiff File No. 04-5319 v. Bradley Roberts and Shippensburg Township, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: York Hospital (Name of Person or Enti`y) 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 medical records i-ncluding blood alcohol testing records pertaining to Jason A. Myers, DOB: 6-16-82 at 225 Market Street, suite 304 Harrisburg, PA 17101 (Ad(tress) 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 corrpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Amy L. Coryer-Host, Esquire .ADDRESS: 225 Market St. Suite 304 PO Box 1245 Harrisburg, PA 17108 1ELEPRONE:(717) 233-6633 SUPREME COURT ID# 82718 ATTORNEYFOR: Shippensburg Township Date: I Sid Seal of the Court BY COURT: Prothonotary, Civil Division P Deputy . •- ? ; i :._. ' -.r r:-, } r. ?,;`? ??_ ;c t?> ? _.._ IK ? J Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com JASON A. MYERS, Plaintiff V. Attorneys for Defendant Bradley Roberts IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04-5319 CIVIL BRADLEY ROBERTS and CIVIL ACTION - LAW SHIPPENSBURG TOWNSHIP, JURY TRIAL DEMANDED Defendants DEFENDANT BRADLEY ROBERTS' ANSWER TO COMPLAINT AND NOW, this 18?h day of January, 2005, comes Defendant Bradley Roberts, through his undersigned attorneys, and answers Plaintiff's complaint as follows: 1. - 3. Admitted. COUNTI JASON A. MYERS V. BRADLEY ROBERTS 4. - 6. Admitted. 7. Denied. 8. - 11. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. WHEREFORE, Defendant Bradley Roberts demands that Plaintiffs complaint against him be dismissed. COUNTII JASON A. MYERS V. SHIPPENSBURG TOWNSHIP 12. - 18. Denied. These averments are deemed denied as ones to which no responsive pleading on the part of Defendant is required. NEW MATTER - MVFRL 19. Defendant is entitled to the restrictions on Plaintiff's ability to recover damages provided in the Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant demands that Plaintiff's complaint against him be dismissed. CROSSCLAIM PURSUANT TO Pa. R.C.P. NO. 2252(4) Bradley Roberts v. Shippensburil Township 20. In the event that Plaintiff was injured as complained of in his complaint, which is denied, then Plaintiffs injuries were the result of acts and omissions of Co- Defendant as set forth in the averments of Plaintiffs complaint against said Defendant, which are incorporated for reference herein only, but neither admitted or denied, except as set forth above. WHEREFORE, Defendant Bradley Roberts demands that Co-Defendant be found solely liable to Plaintiff; that it be found jointly and severally liable; or that it be found liable over for contribution and indemnification. JOHNSON, DUFFLE, ST rVVET6- B: Roy Weidner, Jr. :zaoasl 22740-1839 VERIFICATION The undersigned says that the facts set forth in the foregoing answer are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. By: BRAD ROBERTS Dated: 7 De c 0 1 CERTIFICATE OF SERVICE AND NOW, this 18"' day of January, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing answer upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 Amy L. Coryer-Host, Esquire Lavery, Faherty, Young & Patterson 301 Market Street Harrisburg, PA 17101 Dale F. Shughart, Jr., Esquire 35 East High Street Carlisle, PA 17013 :240451 22740-1839 JOHNSON, DUFFIE, STEWART & WEIDNER By: Mi elle H. Spa gler J ? C? ` - > ?? , C . ,gin _ ?? ? > ?,, Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED DEFENDANT SHIPPENSBURG TOWNSHIP'S REPLY TO NEW MATTER OF DEFENDANT BRADLEY ROBERTS NOW INTO COURT, through undersigned counsel, comes the Defendant, Shippensburg Township, who, in Reply to the New Matter of Defendant, Bradley Roberts, respectfully represents that: 19. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. 20. Denied. The corresponding allegation is denied as a conclusion of law to which no response is required. All allegations of causation are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. WHEREFORE, Answering Defendant, Shippensburg Township, hereby reiterates all of the allegations, prayers and defenses of its original Answer to the Plaintiff's Complaint and New Matter therein. Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Date: 1114 IG 5 By: _ (?rvl A a d 01,11-1 9 Amy L. Coryef Host, Esq. Attorney for Defendant Shippensburg Township CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Reply to New Matter of Defendant Bradley Roberts upon the following persons at the following addresses by sending same in the United States mail, first-class, postage-paid: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff C. Roy Weidner, Jr. Law Offices of Johnson and Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Bradley Roberts t Date: I dd Q 1?.)J?lo / Angela . Horchler Legal Secretary to Amy L. Coryer-Host , '' _ ' , ?_ r:. t, JASON A. MYERS Plaintiff VS. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5319 ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: Please enter my appearance as local counsel, in conjunction with General Counsel for the Plaintiff Jason A. Myers, William R. Hagner, Esquire, of O'Donnell, Hagner & Williams, P.C., in regard to the above captioned matter. Service of all pleadings, documents, and other matters is to be made upon William R. Hagner, Esquire, not upon the undersigned local counsel January 27, 2005 Dale F. Shugha t, Jr. Supreme Court I. . 19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 CC: William R. Hagner, Esquire, attorney for Jason A. Myers C. Roy Weidner, Jr., Esquire, attorney for Bradley Roberts Amy L. Coryer-Host, Esquire, attorney for Shippensburg Township -, <., ?., ?-? -?, ?? -? -? ?° ..,,:_ ? ?; ? -;?c? c, _? ?:z i i >t? ? N ?_I ,, O .^C. -., .,.J WILLIAM R. HAGNER, ESQUIRE ATTORNEY I.D. NO. 22589 211 WEST LANCASTER AVENUE PAOLI, PA 19301 (610) 644-6565 Attorney for Plaintiff JASON A. MYERS : IN THE COURT OF COMMON PLEAS Plaintiff vs. BRADLEY ROBERTS Defendant CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW and SHIPPENSBURG TOWNSHIP Defendant : NO. 04-5319 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, BRADLEY ROBERTS Plaintiff, Jason A. Myers, by his counsel, William R. Hagner, Esquire, files the following Reply to New Matter of Defendant, Bradley Roberts. 19. Denied. The conclusion of law set forth in this averment is denied. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant Judgment in favor of Plaintiff and against Answering Defendant. Bradley Roberts, and Shippensburg Township, Defendant, in an amount set forth in the Complaint filed in this action. Respectfully submitted: LAWOEEICES O'DONNELL. HAGNEP ` 6 WILLIAMS. PC. PAOLI. PENNSYLVANIA ZI I WEST UNCASTERAVENIIE WILLIAM R. HAC Attorney for Plainti VERIFICATION I, Jason A. Myers, Plaintiff, do hereby verify that the statements made in uw orEices II O'DONNELL. HAGNER & WILLIAMS. PC. PAQLI. PENNSYLVANIA ZI I WEST LANEASTERAVENIIE Plaintiff's Reply to New Matter of Defendant, Bradley Roberts, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 9 c Aperwnal injuryVDonald R. Myers\Reply to New Matter-Bradley ?.. a _ft _.1 --1 3 -- r° '..J _?., _.... ('} (.A ` Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant Bradley Roberts JASON A. MYERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff PENNSYLVANIA V. NO. 04-5319 CIVIL BRADLEY ROBERTS and CIVIL ACTION - LAW SHIPPENSBURG TOWNSHIP, JURY TRIAL DEMANDED Defendants MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS BY PLAINTIFF AND NOW, this Ujtday of March, 2005, comes Defendant Bradley Roberts, through his undersigned attorneys, and move for an order compelling Plaintiff to comply with the requirements of outstanding discovery as follows: 1. The Plaintiff is represented in this matter by William R. Hagner, Esquire, O'Donnell, Hagner & Williams, P.C., 211 West Lancaster Avenue, Paoli, PA 19301; telephone (610) 644-6565; facsimile (610) 993-0299. 2. No Judge is believed to have previously ruled on any issue in this case. 3. Plaintiff's complaint is for personal injuries suffered on October 26, 2002 when Plaintiff was struck by a vehicle while walking on Britton Road, Township of Shippensburg, Cumberland County. 4. Plaintiff claims internal injuries in and about his body and limbs and external injuries to his muscles, nerves, bone and ligaments. 5. On November 30, 2004, Defendant Bradley Roberts propounded interrogatories and a request for production of documents to Plaintiff. 6. A copy of the interrogatories propounded to Plaintiff is attached hereto, incorporated by reference herein and marked as Exhibit "A". 7. A copy of the request for production of documents propounded to Plaintiff is attached hereto, incorporated by reference herein and marked as Exhibit "B". 8. The undersigned wrote to Plaintiff's counsel in a letter dated January 5, 2005, a copy of which is attached hereto, incorporated by reference here and marked as Exhibit "C", attempting to resolve this situation and obtain answers to discovery without resort to the court, but Plaintiff's counsel has wholly failed to respond as of the day and year first above written. 9. On February 9, 2005, Plaintiff's counsel was sent a letter, a copy of which is attached hereto, incorporated by reference here and marked as Exhibit "D", indicating that this Motion would be filed if answers to outstanding discovery were not received by March 2, 2005. 10. Plaintiff wholly has failed to answer, object: or otherwise respond to the interrogatories and request for production of documents which .are the subject of this motion and the letters, copies of which comprise Exhibits "C" and "D" hereto. 11. Inasmuch as Plaintiffs' counsel has been totally unresponsive to the letters comprising Exhibits "C" and "D", seeking concurrence pursuant to C.C.R.P. No. 208.2(d) would be of no effect. 12. Depositions are currently scheduled for April 26, 2005. 13. Defendant Bradley Roberts requests that an order be entered pursuant to Pa. R.C.P. No. 4019(a)(1)(i), (vii) and (viii) requiring that Plaintiff serve full and complete answers to the outstanding interrogatories and request for production of documents which are the subject of this motion verified by the Plaintiff, along with the documents requested. WHEREFORE, Defendant Bradley Roberts respectfully requests that an order be entered directing that Plaintiff serve Defendant's counsel at his office with full and complete answers to Defendant's interrogatories and request for production of documents verified by the Plaintiff, along with the documents requested, or suffer sanctions, including dismissal of this action. JOHNSON, DUFFIE, STEWART & W Nt=R 4CBy: y Weidner, Jr. :246142 22740-1839 CERTIFICATE OF SERVICE AND NOW, this , 1 day of March, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing answer upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 Amy L. Coryer-Host, Esquire Lavery, Faherty, Young & Patterson 301 Market Street Harrisburg, PA 17101 :246142 22740-1839 JOHNSON, DUFFIE, STEWART & WEIDNER By: Eli beth L. Zieg ?? ; Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 crw@jdsw.com JASON A. MYERS, V. Plaintiff BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants NO. 04-5319 CIVIL CIVIL ACTION - LAW. JURY TRIAL DEMANDED BRADLEY ROBERTW INTERROGATORIES TO PLAINTIFF Set No. 1 TO: Jason A. Myers c/o William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 AND NOW, this ;6day of November, 2004, Defendant Bradley Roberts serves upon you written interrogatories pursuant to Pa. R.C.P. No. 4005. These interrogatories are to be answered in accordance with the requirements of Pa. R.C.P. No. 4006, particularly in regard to the insertion of answers in the spaces provided. Reference to extrinsic matters and attachments will not be considered compliance with Pa. R.C.P. No. 4006. In accordance with Pa. R.C.P. No. 4002.1, these interrogatories have not been filed with the Court. ;HNSO C. Roy Weidner, Jr. Attorneys for Defendant Bradley Roberts IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA A. CONSTRUCTION These interrogatories shall be construed and interpreted in accordance with the Pennsylvania Rules of Civil Procedure. Other terms used herein shall have the same meaning as they have when used in the pleadings, or in other discovery, requests where such terms are defined. In addition, the following words shall have the following meanings: 1. "Describe, description" or similar words shall mean to give a detailed narrative description, giving all particulars known by you. 2. "Document" shall mean the original or a copy of any written, printed, typed, or other graphic matter of any kind or nature, including those items that are stored in a non-graphic form, but which can be retrieved and transferred to a graphic form, and any other similar tangible thing in your custody or control. When used with reference to an occurrence or event, it shall include any such matter which evidences, memorializes or refers to such occurrence or event. 3. "Identify" or "Identity" or similar words shall mean: with reference to a person, to state his name, residence address, residence telephone number, present occupation and/or business affiliation and position, business address and telephone number; with reference to any other entity, to state its name, business or other purpose, address, telephone number and the identity of any person or persons associated with the entity who may have knowledge of matters related to the instant action; with reference to a document, to state the nature and content of the document, the identity of the maker, the date, if any, of the document, the original creation date of the document, and the present whereabouts of the original of the document; and with reference to an object, to describe the object and identify its custodian. 4. "Person" shall mean any natural person, partnership, corporation, or other business or government entity and all present and former officers, directors, agents, employees, attorneys, and others acting or purporting to act on behalf of such natural person, partnership, corporation, or other business or government entity. 2 5. "Relating to" shall mean constituting, referring to, reflecting, evidencing, memorializing, concerning, pertaining to, or in any way logically or factually connected with the matter referred to in the interrogatory. 6. "State, "State the manner or or "State the basis" or similar words shall mean to recite with particularity, in detail and in narrative fashion all facts known or believed by you to support the subject statement or proposition, including, but not limited to: dates, times, places, the identity of persons or things, and acts or omissions. 7. "Incident" shall mean the party or parties propounding this discovery, unless otherwise specified. 8. "Treatment" shall mean medical treatment and rehabilitative services, including, but not limited to, hospital, dental, surgical, psychiatric, psychological, osteopathic, ambulance, chiropractic, licensed physical therapy, nursing services, vocational rehabilitation and occupational therapy, speech pathology and audiology, optometric services, medications, medical supplies and prosthetic devices. 9. "You" or "your" shall mean the party to whom these interrogatories are addressed, and any persons, natural or otherwise, acting on behalf or with the knowledge of such party. 3 B. INSTRUCTIONS If you claim any privilege not to answer or respond as requested, identify each matter to which you claim the privilege, the nature of the privilege, and the legal and factual basis for the claim of privilege. 2. If a refusal to answer or respond as requested is based on the grounds that it is unreasonably burdensome, identify the number and nature of documents needed to be searched, the location of the documents, and the number of person-hours and costs required to conduct the search. 3. If you cannot answer or respond as requested in full, answer or respond to the extent possible, and specify the reasons for yoUr inability to answer or respond fully. 4 C. INTERROGATORIES State your full name, the date and place of your birth, and your social security number. ANSWER. 2. State the address of your present residence and the address of each other residence which you have had during the past five years. ANSWER: 3. Describe your present occupation and your occupations for the past five years, giving the name and address of each employer that you have had during that period. ANSWER: 4. If you were employed at the time of subject incident and are claiming a loss of earnings and earning capacity, describe all fringe benefits of your employment, including: a. the nature of the benefit; b. the benefits provided; C. the identity of the provider of the benefits, such as an insurer or other entity; and the cost of the benefit. ANSWER: 8 5. Identify the schools you have attended and describe the degrees or certificates awarded, if any. ANSWER: 6. Identify any person who will be a witness to the matters complained of in your complaint. ANSWER: 10 Describe all admissions against interest by Defendants or those acting on Defendants' behalf concerning the subject matter of this action, including the identity of the person to whom the admission was made. ANSWER: 11 8. Identify all health care practitioners from whom you sought diagnosis or treatment for the five years preceding the subject incident. ANSWER: 12 9. Identify all health care practitioners from whom you have received treatment as a result of injuries which you suffered in the subject incident. ANSWER: 13 10. Describe all treatments received by you as a result of injuries which you suffered in the subject incident, including: a. The date of treatment; b. The identity of the provider of the treatment; and c. A description of the treatment. ANSWER: 14 11. Describe all treatments which you believe that you will have to receive as a result of injuries which you suffered in the subject incident, including: a. The identity of the provider of the treatment; b. When the treatment is to take place; C. A description of the treatment; and d. The identity of the individual who advised you that the treatment should be received. ANSWER: 15 12. Describe all current physical limitations and restrictions on your activities which you attribute to the injuries which you suffered in the subject incident. ANSWER: 16 13. Describe all employment for which you were rejected or for which you did not apply as a result of any physical or other injuries suffered in the subject incident, including: a. The identity of the potential employer; and b. The date(s) the position was open. ANSWER: 17 14. Identify all insurers or persons which have paid any benefit to you or others, including reimbursement for lost wages and medical expenses, as a result of injuries suffered in the subject incident. F-IMMT A 18 15. If, either prior to or subsequent to the subject incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the subject incident, state: a. The injury or disease you suffered; b. The date and place of any accident, if such injury or disease was caused by an accident; C. The identity of hospitals, doctors or practitioners who rendered treatment or examination because of such injury or disease; and d. The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. ANSWER. 19 16. Describe any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill consumed during the eight 'hours immediately preceding the subject incident. ANSWER: 20 17. State in detail your whereabouts for the 8 hours preceding the incident, including times and locations. ANSWER: 21 18. Identify each and every source who provided you with or from whom you obtained alcoholic beverages during the 8 hours preceding the incident and where you consumed those beverages. ANSWER: 22 19. Describe any physical or mental disability which you were under at the time of the subject incident. ANSWER: 23 20. Have you or any person acting on your behalf entered into any agreement to settle, reduce, release, or limit any other person's liability to you resulting from the incident, whether or not that person is a party to this action? If your answer is in the affirmative, state: a. The identity of the person with whom the agreement was entered; The date that you entered into any such agreement; and c. The consideration for the agreement. ANSWER: 24 21. If you have asserted any other claims as a result of the incident, state: a. The identity of any person against whom such a claim was asserted. b. The complete caption of any action brought against such person. C. The identity of the person's attorney. d. The identity of the person's insurer. ANSWER: 25 22. If you have ever made a claim for injury to your person (including for medical payments on a liability insurance policy, for workers' compensation, for an automobile accident or any other type of liability claim), state for each such claim: a. The date, nature and location of the event giving rise to the claim. b. The person, insurer or other entity against whom the claim was made. C. If the event giving rise to the claim was investigated, the name and address of the investigating agency. d. If a suit was filed, the venue, docket number and names of all parties to the suit. e. If you received any insurance payments, the name, address and claim number of the insurance company and the name and address of its insured. The name and address of the primary treating physician and any other providers involved in your care necessitated by the injury. ANSWER. 26 CERTIRCATE OF SERVICE AND NOW, this )f` day of November, 2004, the undersigned does hereby certify that 12 she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C:. 211 West Lancaster Avenue Paoli, PA 19301 Amy L. Coryer-Host, Esquire Lavery, Faherty, Young & Patterson 301 Market Street Harrisburg, PA 17101 :240128 JOHNSON, DUFFIE, STEWAR IDNER C By: EI' abeth L. eoli 27 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com JASON A. MYERS, Plaintiff Attorneys for Defendant Bradley Roberts IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. NO. 04-5319 CIVIL BRADLEY ROBERTS and CIVIL ACTION - LAW SHIPPENSBURG TOWNSHIP, JURY TRIAL DEMANDED Defendants BRADLEY ROBERTS' REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF Set No. 1 TO: Jason A. Myers c/o William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 "2. Uk AND NOW, this A , day of November, 2004, Defendant Bradley Roberts through his undersigned attorney, requests that you produce the documents hereinafter specified at the offices of the undersigned within 30 days of the date of service hereof upon you, in accordance with the requirements of Pa. R.C.P. No. 4009.12. In accordance with Pa. R.C.P. 4002.1, this request has not been filed with the Court. Your responses are to be supplemented in accordance with Pa. R.C.P. No. 4007.4. JOHNSON, DUFFIE, STEWART & WEIDNER C B• C. Roy Weidner, Jr. A. CONSTRUCTION These requests shall be construed and interpreted in accordance with Pennsylvania Rules of Civil Procedure. The terms used herein shall have the same meaning as they have when used in the pleadings, or in other discovery requests where such terms are defined. In addition, the following words shall have the following meaning: 1. "Complained of by Plaintiff(s)" shall mean the averments in Plaintiff(s) complaint and opinions set forth in Plaintiff(s) expert witness reports. 2. "Defendant" shall mean the party or parties propounding this discovery, unless otherwise specified. 3. "Document" shall include writings, drawings, graphs, charts, photographs, electronically created data and other compilations of data from which information can be obtained, translated, if necessary, by YOU or those acting on your behalf through detection or recovery devices to hard copy. 4. "Incident" shall mean the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. 5. "Relating to" shall mean constituting, referring to, reflecting, evidencing, memorializing, concerning, pertaining to, or in any way logically or factually connected with the matter referred to in the request. 6. "Treatment" shall mean medical treatment and rehabilitative services, including, but not limited to, hospital, dental, surgical, psychiatric, psychological, osteopathic, ambulance, chiropractic, licensed physical therapy, nursing services, vocational rehabilitation and occupational therapy, speech pathology and audiology, optometric services, medications, medical supplies and prosthetic devices. 2 7. "You" or "your" shall mean the party to whom these requests are addressed, and any persons, natural or otherwise, acting on behalf or with the knowledge of such party. B. SPECIFIC REQUESTS All reports of any investigation of the incident. ANSWER: 2. All statements concerning the action or its subject matter as provided by Pa. R.C.P. No. 4003.4. ANSWER: 4 3. Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of the scene of the incident during the course of any investigation of the incident, including photographs taken by you, experts and others. ANSWER: 4. All other photographs, videotapes, diagrams or other depictions of the scene of the incident. ANSWER: 5 5. Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of any injuries or residuals of injuries from the incident, including photographs taken by you, experts and others. ANSWER: 6. All other photographs, videotapes, diagrams or other depictions of any injuries or residuals of injuries from the incident. ANSWER: 6 7. Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of any vehicles and/or property involved in the incident during the course of any investigation of the incident, including photographs taken by you, experts and others. ANSWER: 8. All other photographs, videotapes, diagrams or other depictions of any vehicles and/or property involved in the incident. ANSWER: 7 9. All bills by treatment providers from whom you received treatment for the injuries which you claim to have suffered in the incident. ANSWER: 10. All reports of treatment providers from whom you received treatment for injuries which you claim to have suffered in the incident. ANSWER: 11. All records of treatment providers from whom you received treatment for injuries which you claim to have suffered in the incident. ANSWER: 12. If you are claiming a loss of earnings or earning capacity, ail of your federal, state and local income tax returns as filed and with attachments for the five years preceding the incident through the most recent such filing. ANSWER: 9 13. If you are claiming a loss of earnings or earning capacity, all reviews of your employment performance by any employer for the five years proceeding the incident until the most recent such review. ANSWER: 14. If you are claiming a loss of earnings or earning capacity, all letters, notices, or like communications from any employer relating to your employment for the five years preceding the incident until the most recent such communication. ANSWER: 10 15. If you are claiming a loss of earnings or earning capacity, all pay stubs, check stubs, direct deposit confirmations, or other such documents relating to any payments of compensation received by you from any employer for the year preceding the incident until the most recent such payment was received by you. ANSWER: 16. If you are claiming a loss of earnings or earning capacity, all statements of employment related benefits provided to you by any employer for the five years preceding the incident until the most recent such statement was provided to you. ANSWER: 11 17. If you are claiming a loss of earnings or earning capacity, any publication describing your fringe benefits. ANSWER: 18. If you are claiming a loss of earnings and earning capacity and received workers' compensation benefits as a result of the incident, all of the following documents related to your workers' compensation claim: (a) wage statements; (b) notices of compensation payable; (c) compensation agreements; (d) awards of compensation; (e) supplemental agreements; and (f) decisions terminating, suspending or modifying compensation, or approving commutations or settlement and release agreements. ANSWER: 12 19, All declaration pages or similar documents relating to insurance benefits available to you as a result of the incident. ANSWER: 20. All applications or other forms relating to any insurance benefits claimed by you as a result of injuries that you claim to have suffered in the incident. ANSWER: 13 21. All statements by any insurer relating to any acceptance, denial or payment of any claim by you for insurance benefits as a result of injuries that you claim to have suffered in the incident. ANSWER: 22. All statements by any insurer stating the amount or amounts of benefits paid to you as a result of injuries that you had claim to have suffered in the incident. ANSWER: 14 23. All documents relating to any claim by any insurer or other entity of a right of subrogation or repayment from any recovery that you received in this action, including, without limitation, for medical expenses and wage loss payments. ANSWER: 24. In the event that you were charged with any criminal offense, including a summary offense, as a result of the incident, the complaint or citation and summons for each such charge. ANSWER. 15 25. In the event that you were charged with any criminal offense, including a summary offense, as a result of the incident, all hearing notices and transcripts for each such charge. n1Tj&7B94 A 26. In the event that you were charged with any criminal offense, including a summary offense, as a result of the incident, all documents relating to any guilty plea entered by you or fine paid for each such charge. ANSWER: 16 27, In the event that you were charged with any criminal offense, including a summary offense, as a result of the incident, all documents relating to any other disposition of each such charge. ANSWER: 28. All documents about which you intend to question any witness (including non-party witnesses) at any deposition. ANSWER: 17 29. All documents about which you intend to question any witness (including non-party witnesses) at that. ANSWER: 30. All documents which you intend to use as exhibits at trial. ANSWER: 18 31. All reports of expert witnesses whom you intend to call at trial. ANSWER: 32. All documents which you intend to offer as evidence at trial. ANSWER: 19 33. All documents which you intend to otherwise use at trial. ANSWER: 34. All documents identified or referred to in your answers to interrogatories. ANSWER: 20 35. Any release or other agreement entered into by you or on your behalf settling, reducing, releasing or limiting the liability to you of any other person arising from or relating to the incident, whether or not that person is a party to this action. ANSWER: 36. Any pleadings (including any praecipe, writ or appearance) relating to any other action filed by you or on your behalf as a result of the incident. ANSWER: 21 CERTIFICATE OF SERVICE AND NOW, thisf]P k-{ day of November, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Hagner, Esquire O'Donnell, Hagner & Williams, P. C. 211 West Lancaster Avenue Paoli, PA 19301 Amy L. C.oryer-Host, Esquire Lavery, Faherty, Young & Patterson 301 Market Street Harrisburg, PA 17101 :240131 JOHNSON, DUFFIE, STEWART & WEIDNER By: C9 E' abeth L. Zieg r 23 JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, IR. EDMUND G. MYERS DAVID W.DELUCE JOHN A.STATLER JEFFERSON J. SHIPMAN RALPH W W RIGHT, 1R. MARK C, DUFFIE JOHN R.NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADED. MANLEY William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN BRUCE J. GROSSMAN° L A W O F F I C E S `zdmitlcd in NY only JOHNSON DUFFIE WePrm?'s Xvr No, 119 E-MA1 L cr,0,jd,ur,cnm January 5, 2005 Re: Jason A. Myers v. Bradley Roberts, at al. No. 04-5319 Civil Cumberland Co. C.P. Claim No. 010180590571 Dear Mr. Hagner: As per my letter to you of December 13, 2004, 1 accepted your proposal to file an amended complaint deleting or amending the subparagraph to which we are objecting. Since then, we have not received an amended complaint. I would appreciate it if you would file it as promptly as possible. Also, this letter will serve to confirm that we have agreed to a 30 day extension for you to answer our interrogatories and request for production of documents. As always, if you have any questions or comments, please do not hesitate to call. If I am unavailable, please feel free to speak with my legal assistant, Michelle Spangler. If you call other than during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on weekdays, my Voice Mail extension is #119 and Michelle's is #111. Please feel free to leave a message with either one of us, and we will return your call. If you would prefer, you may contact me through my direct e-mail address, crwCcilidsw.com. Very truly STEWART & WEIDNER C. Roy lVeNner, Jr. mhs:242082 22740-1839 c: Amy L. Coryer-Host, Esquire Charles Young, Litigation Specialist 301 MARKET STREET P.O.BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MP,IL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON 1. SHIPMAN RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY William R. Hagner, Esquire O'Donnell, Hagner &Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 L A W O F F I C E S J(MS ON DUFFIE February 9, 2005 OF COUNSEL HORACE A. JOHNSON F LEE SHIPMAN BRUCE J- GROSSMAN" 'admitted in M' only R? Idt'I"f;ff S E l\ r No. I U) 1':-MAIU lawG+:jdau' iY?ol F/ L E Re: Jason A. Myers v. Bradley Roberts, et al. No. 04-5319 Civil Cumberland Co. C.P. Claim No. 010180590571 Dear Mr. Hagner: On November 30, 20041 served you with interrogatories and request for production of documents. On January 5, 20051 granted you a 30 day extension. As of this date, we have not received your answers to our interrogatories and request for production of documents. Please be advised that unless I receive full and complete answers to our outstanding interrogatories and request for production of documents verified by your client, along with the documents requested, by the close of the business day on Wednesday, March 2, 2005, 1 will file a motion to compel. As always, if you have any questions or comments, please do not hesitate to call. If 1 am unavailable, please feel free to speak with my legal assistant, Michelle Spangler. If you call other than during our normal business hours, which are 8:30 a.m, to 5:00 p.m. on weekdays, my voice mail extension is #119 and Michelle's is #111. Please feel free to leave a message with either one of us, and we will return your call. If you would prefer, you may contact me through my direct e-mail address, crw(rDidsw.com. Very truly yours, JOHNSP)DUFFIE, TE RT & WEIDNER C. Roy Weidner, Jr. mhs:244588 22740-1839 Enclosure c: Amy L. Coryer-Host, Esquire Charles Young, Litigation Specialist 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW,IDSW.COM 717.761.4540 FA)C 717.761.3015 MAIL®IDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. h ] f~) 4"J -- 1 i IZ 5 ?? ?': ??.r, t '? r= .-?? - (n 'I ' [ ? W ' . . ??i_ 5<'- :: ? -. .? ;;i `, ? c.,a _.,, ';; ? --t c,;a SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05319 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS JASON A VS BRADLEY ROBERTS ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ROBERTS BRADLEY but was unable to locate Him deputized the sheriff of BUCKS in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 22nd , 2004 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: So answers > Docketing 18.0 0-- Out of Count 9.00 Surcharge 10.00 iF Thomas Kline Dep Bucks County 48.00 Sheriff of Cumberland County .00 85.00 11/22/2004 ODONNELL HAGNER WILLIAMS Sworn and subscribed to before me this day of 2 "S-' A.D. C)11-,A1- jt Prothonotary' SHERIFF'S RETURN - REGULAR CASE NO: 2004-05319 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS JASON A VS BRADLEY ROBERTS ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the SHIPPENSBURG TOWNSHIP DEFENDANT at 0945:00 HOURS, on the 28th day of October 2004 at 81 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 by handing to LINDA ASPER, TOWNSHIP CLERK, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 14.80 Affidavit .00 Surcharge 10.00 „„ . V . V V Sworn and Subscribed to before me this day of / ;J00v;' A. D. Prothonotary, So Answers: R. Thomas Kline 11/22/2004 ODONNELL HAGNER LL MS Y. Deputy Sher' In The Court of Common Fleas of Cumberland County, Pennsylvania Jason A. Myers hrs. Bradley Roberts No 04-5319 civil No. Now, October 26, 2004 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a- and made known to So answers, the contents thereof. Sworn and subscribed before nee this day of , 20 AFFIDAVIT County, PA Affidavit of Service ,20 ,at o'clock M. served the copy of the original Sheriff of COSTS SERVICE - MILEAGE b :vim: S"t-Rlr-•5 RFT'JRN C'= s VICr Wl 17 CLTSL. ?1 J t d., "} w 4 ink .J L4Ult iT '! y ». , ii L ? ! _T 71 • y , r i -? .. !' i V T k?L«?' N`h?c"•S ?,T4 •:L'.71 , ' ?'fTa iL rid: CC 7 1 '4 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com Attorneys for Defendant Bradley Roberts MAR 10 2005e JASON A. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. Defendants NO. 04-5319 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this /'?- day of rhgacy , 2005, upon consideration of the BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, foregoing motion to compel answers to interrogatories and request for production of documents, it is ordered that Plaintiff provide the requested answers within ;' days of service of this order, or show cause why such answers are being withheld. Failure to comply with this order will result in sanctions as provided by Pa. R.Civ.P. 4019. BY THE COURT: 4 Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Attorneys for Defendant Shippensburg Township IN THE COURT OF CC Plaintiff PLEAS OF CUMBERL, COUNTY, PENNSYLV BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL PLAINTIFF'S RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW comes Defendant, Shippensburg Township, by and through the counsel, Lavery, Faherty, Young & Patterson, P.C., who hereby files this Plaintiffs Responses to Interrogatories and Request for Production of Documents thereof, aver as follows: 1. The Plaintiff initiated the instant action by filing a Complaint on or 22, 2004. 2. On December 8, 2004, Defendant Shippensburg Township Defendant"] served Plaintiff with Interrogatories and a Request for Production of (A copy of the December 8, 2004 cover letter to Plaintiffs counsel is attached to Compel in support October "Moving as Exhibit "A„). 3. Plaintiff did not provide responses to Moving Defendant's within the applicable thirty (30) days. 4. On January 17, 2005, Moving Defendant's counsel sent a letter counsel reminding him to forward his client's responses to Moving Defendant's Ir and Request for Production of Documents or to contact Moving Defendant's coup extension of time to respond be required. (A copy of the January 17, 2005 letter attorney is attached hereto as Exhibit `B"). 5. On January 26, 2005, Plaintiffs counsel requested an extension which to respond to the outstanding discovery requests. Moving Defendant's extension through February 25, 2005. (See copy of letter dated January 26, 2005 extension of time granted attached hereto as Exhibit "C"). 6. Plaintiff has not yet provided responses to the outstanding discovery no additional extension of time to respond has been requested by his counsel. ;ry requests o Plaintiffs errogatories ,l should an :o Plaintiffs time within 1 granted an ifirming the •equests and 7. Depositions in this case are scheduled for April 26, 2005 and Movink Defendant would like to have the responses to the written discovery requests before these depositions take place. 8. On March 1, 2005, Moving Defendant's counsel sent a letter to Plaintiffs counsel asking that he forward the responses within ten (10) days in order to obviate the n?ed to file a Motion to Compel. (A copy of the March 1, 2005 letter is attached hereto as Exhibit 9. Due to Plaintiff not having provided responses to discovery requests,lthe Moving Defendant's have not been able to ascertain the nature of his claims and/or and have been severely prejudiced in the preparation of its defense. WHEREFORE, the Defendant, Shippensburg Township, respectfully Honorable Court grant its Motion to Compel and enter the attached Order. Date: L e, Respectfully Submitted, Lavery, Faherty, Young & BY: this P.C. Amy L. Coryer-Abst, Es Attorney for Defendant Shippensburg Township T T O R-N z"S - AT - LAAN I ",1 - William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 FILE COPY December 8, 2004 Re: Jason Myers v. Shippensburg Township, et al. CCP: Cumberland County, No. 04-5319 Dear Mr. Hagner: Enclosed please find Interrogatories and a Request for Production of Docum to the Plaintiff. Please respond in accordance with the Pennsylvania Rules of Civil Please feel free to call me if you have any questions or comments. Thank yc Sincerely, Amy L. Coryer-Host Enclosures c.c. C. Roy Weidner, Esq. (w/enclosures) directed William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 January 17, 2005 Re: Jason Myers v. Shippensburg Township, et al. CCP: Cumberland County, No. 04-5319 FILE COPY Dear Mr. Hagner: As you know, we sent you Interrogatories and a Request for Production of be answered and verified by your client on December 8, 2004. I am concerned t yet received the responses from you. Please forward the responses as soon as poss me should you require an extension. Please feel free to call me if you have any questions. Thank you. Sincerely, ;uments to I have not or contact Amy L. Coryer-Host .,T O RN EYS - P T -'_.4 y?j William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli. PA 19301 January 26, 2005 Re: Jason Myers v. Shippensburg Township, et al. CCP: Cumberland County, No. 04-5319 Dear Mr. Hagner: I am in receipt of your letter dated January 26, 2005. You certainly may h ve a thirty- day extension of time to provide your client's responses to our discovery. Please p ovide your responses by February 25, 2005. Thank you. Sincerely, Amy L. Coryer-Host G.- T O . N ' . S -- -, William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 March 1, 2005 Re: Jason Myers v. Shippensburg Township, et al. CCP: Cumberland County, No. 04-5319 Dear Mr. Hagner: FILE COPY As you know, you were served with Interrogatories and a Request for P oduction of Documents on December 8, 2004. A reminder letter was sent to you on January l, 2005. On January 26, 2005, we granted an extension through February 25, 2005. I have not et received your client's responses to our discovery requests and my client is most anxious t move this matter along. Please forward your client's verified responses to our Interrogatories and equest for Production of Documents within ten (10) days in order to obviate the need for motion to compel the responses. Your responses are due no later than March 11, 2005. Please feel free to call me if you have any questions. Thank you. Sincerely, Amy L. Coryer-Host J ATTO RN EYS-AT-LF.V1 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee with the law firm of Lavery, r, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and Orrect copy of the foregoing Motion to Compel Plaintiffs Responses to Interrogatories and request for Production of Documents upon the following persons at the following same in the United States mail, first-class, postage-paid: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff C. Roy Weidner, Jr. Law Offices of Johnson and Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Bradley Roberts Date: N I's j by sending Angela D. Horchler Legal Secretary to Amy L. o w }T 'n In -? t 7 3rn _' s a ti -¢ Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. RECEIVED APR 0 7 2005 / Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED ORDER AND NOW, this //• day of /.?4 "I , 2005, upon consideration of the Defendant Shippensburg Township's Motion to Compel Plaintiffs Responses to Interrogatories and Request for Production of Documents, and any response thereto, it is hereby ORDERED and DECREED that the Motion is granted and Plaintiff is to provide full and complete responses to Moving Defendant's discovery requests within twenty (20) days of the date of this Order, or suffer sanctions upon application to the Court. U ZS .0 q'I {1 88V soot fdli.Qf i4w d ?Hi d0 3'ti?1,??i! al,i Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED DEFENDANT SHIPPENSBURG TOWNSHIP'S PETITION TO JOIN KEVIN CROWLEY AS AN ADDITIONAL DEFENDANT NOW INTO COURT, through undersigned counsel, comes the Defendant, Shippensburg Township, who, petitions this Court to allow joinder of an additional defendant for the following reasons: According to Plaintiffs Complaint, on October 26, 2002 at 12:30 a.m., Bradley Roberts was operating a 1989 pickup truck and struck the Plaintiff who was walking as a pedestrian on Britton Road in Shippensburg, Cumberland County, Pennsylvania. (A copy of the Plaintiffs Complaint is attached hereto as Exhibit "A"). 2. The deposition of the Plaintiff, Jason A. Myers, took place on April 26, 2005. 3. Plaintiff, Jason Myers, testified in his deposition that he attended a party hosted by his friend, Kevin Crowley, on October 25, 2002 which took place in Shippensburg, Cumberland County, Pennsylvania. 4. Kevin Crowley served alcoholic beverages at the party he hosted on October 25, 2002. 5. According to Plaintiffs deposition testimony, Kevin Crowley served Mr. Myers with his first beer upon arriving at 8:30 p.m. 6. The Plaintiff subsequently had four additional beers before leaving the party on foot at 11:30 p.m. 7. The Plaintiff testified that he did not consume any additional alcohol from the time he left Mr. Crowley's party through the time he was involved in the accident. 8. After the accident, the Plaintiffs blood alcohol level was tested at 1:45 a.m. on October 26, 2002, which was a little over three hours after leaving Kevin Crowley's party. His blood alcohol level more than three hours after departing Kevin Crowley's party was .12. (A copy of the blood alcohol testing results taken at Chambersburg Hospital is attached hereto as Exhibit "B"). 9. Kevin Crowley negligently served the underaged Plaintiff alcohol which caused Plaintiffs intoxication. 10. Moving Defendant asserts that Plaintiffs intoxicated condition was the proximate cause of his being struck by Defendant, Bradley Roberts. 11. Kevin Crowley is liable under the social host doctrine for the injuries sustained by the Plaintiff. 12. Accordingly, in order to adjudicate all issues of negligence with respect to the accident, there is good cause present to join Kevin Crowley as an additional defendant. 13. Attached as Exhibit "C" is Moving Defendant's proposed Joinder Complaint. WHEREFORE, Defendant, Shippensburg Township, respectfully requests that this Honorable Court grant its Petition for Leave to Join Kevin Crowley as an Additional Defendant in this case. Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Date: 1(}_ Z By: ' Amy L. C ryer-Hos , sq. Attorney for Defendant Shippensburg Township 2. 2004 1:35Pv1-"° N7FPRA?ED RISK M6M?te urriues No.4811 P. 6" JASON A. MYERS : IN THE COURT OF COMMON PLEAS Plaintiff CUNT R AVV CO., PENNSYLVANIA V. BRADLEY ROBERTS Defendant CIVIL ACTION - LAW and SHIPPENSBURG TOWNSHIP Defendant .53! NO. 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 days after this Complaint is ser+ed, 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 enterod 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, CTJ'vIDERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE --- 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 11 EXHIBIT /? iquc COPY F'FtOm RECOR0 ?n i KsnGr , I rArs'un; set KK of sa ?' aT?d ,hones 2. 2004 1:35PVZ45Z1K7'?, PATED RISK MGMTkw ok?ricnb No, 4811 P. I" WILLIAM R. HAGIIER, ESQ'C11RE ATTORNEY I.D. NO. 22599 - 211 WEST LANCASTER AVENUE PAOLI, PA 19301 (610) 644-6565 Attorney for Plaintiff JASON A. MYFRS 13 Knollbrook Circle Malvern, PA 19355 Plaintiff vs. BRADLEY ROBERTS 924 East Walnut Street Perkasie, PA' 18944 Defendant and SHIPPENSBURG TOWNSHIP 81 Walnut Bottom Road P.O. Box 219 Shippensburg, PA 17257 Defendant IN TIE COURT OF COMMON PLEAS CL7YMERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW No. 0'y COMPLAIN' I . Plaintiff Jason A. Myers, is an adult individual residing at 13 Knollbrook Circle; Malvern, Chester County, Pennsylvania 2. Defendant, Bradley Roberts, is an adult individual residing at 924 East rooNNat uacK?n a w+yi+wwe. n c. ?.eu.avn..wcwur ?.?ca+'uwan- w..o.uc Walnut Street, Perkasie, Bucks County, Pennsylvania. 3. Defendant, Shippensburg Township, is a Township of the Second Class, a municipality organized and existing under and by virtue of the laws of the i"'Nor, 2. 2004' 1:35FV,'%'°1NT?^RA'ED RISK MGMT"" "rri t' No.4811 P. 3U4 Commonwealth of Pennsylvania and located at 81 Walnut Bottom Road, Cumberland County, Pennsylvania. COUNTS JASON A. MYERS V. BRADLEY ROBERTS 4. Plaintiff incorporates herein by reference thereto paragraphs 1 through 3 heretofore as though fully set forth. 5. On or about October 26, 2002, Defendant, Bradley Roberts; was the operator of a 1989 pickup truck, which was owned by his father, involved in the accident hereinafter described. 6. On the aforesaid date, at approximately 12:30 a.m., Defendant, Bradley Roberts, was driving the aforesaid truck in a southerly direction on Britton Road, Township of Shippensburg, Cumberland County, when it struck Plaintiff, who was walling on Britton Road, a road with no sidewalks. 7. The accident was directly and proximately caused by the negligence, recklessness and carelessness of Defendant, Bradley Roberts, which negligence, recklessness and carelessness consisted, among other things, of the following: (A) Operating the aforesaid truck in a reckless, careless and negligent manner, (B) Operating the aforesaid truck at an improper and illegal rate of O'DONNC?I? NAG NCR a VALLIAda. PC. speed under the oircumstance5_ erOW'[nw?lLNWh If resr ?va?[ -"Nov, 2. 2004 1:35PM4w1,IN7GUATED RISK MUT'" urri? No.4B11 P. 9°' (C) Operating the aforesaid truck in disregard of the rules of the road, the Ordinances of the Township of Shippensburg, and the laws of the Commonwealth of Pennsylvania, including, but not limited to, the Motor Vehicle Code, 75 Pa. Cons. Stat. Sections 3301, 3321, 3361 and 3714; (D) Failing to use due care under the circumstances; (E) `ailing to give warning of approach or intended direction; (F) Failing to have the aforesaid truck under proper control so as to stop said truck before striking Plaintiff; (G) Failing to keep a proper lookout; (H) Operating the aforesaid truck without regard for the existence of pedestrians upon the road; (1) Upon noticing Plaintiff in the road- (i) Failing to yield the right-of-way to Plaintiff; (ii) Failing to take evasive action in order to avoid impacting Plaintiff; (iii) Failing to apply his brakes in sufficient time to avoid striking Plaintiff; (iv) . Operating his motor vehicle in disregard of the rules of 11 the road, the Ordinances of the Township of Shippensburg, and the laws of the YY O,!!SY 1OONr?fL?MA6r+[I? a WtLLAH2. P.C. MeL??= ?nu? II 'Nov. 2. 2004' 1?3YN"O"iNT",RAZED RISK MGM71" rriu=b No. 4811 F. 1016 Commonwealth of Pennsylvania, including, but not limited to, the Motor Vehicle Code, 75 Pa. Cons. Stat. Sections 3301, 3321, 3361 and 3714; (n With Plaintiff in full view, the truck was so carelessly, recklessly and negligently operated that it was brought into forcible and violent contact with the Plaitntiff, causing him to sustain the injuries set forth below. & As a result of the accident, Plaintiff sustained internal injuries in and about his body and limbs, and external injuries in and about his body and limbs, resulting in injuries to his muscles, nerves, bones and ligaments connected thereto. Plaintiff did, in particular but without limitation, sustain contusions to the liver, trauma and contusions to the lungs, concussions, with a brief loss of consciousness, trauma and contusions to the upper and lower body, including trauma to the lumbar vertebra, traumatic pneumothorax, and fractured ribs, some of which or all of which injuries are and may be permanent in nature- Plaintiff was hospitalized for seven days. 4. As a further result of this accident, Plaintiff has been or may in the 4-QA II D'DONNZIL, MAGNER t WILLIAMS, PG. P?OY..SwM6?tv??u I. K`aT 4NWflA AKNVG future be required to expend various sums of money and incur financial obligations in and about an effort to treat and cure himself of the aforesaid injuries, which sums have or may exceed the sum recoverable under the limitations set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et, seq. ii 'Nov, 2. 2004' 1:PK&1-1IN' ,RATED RISK MGMI"n vrri?ca N,, 4811 P. 11' 10. As a direct and reasonable result of this accident, Plaintiff has or may hereafter incur other financial expenses or losses which do or may exceed amounts which he may otherwise be entitled to recover under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et, seq. 11. As a further result of this accident and by reason of the injuries as aforesaid, Plaintiff has and may in the future continue to suffer great pain and agony, mental anguish and humiliation, and has been and may in the future be hindered from attending to his daily duties, functions and occupations, all to his great damage and loss. ' WHEREFORE, Plaintiff claims damages from Defendant, Bradley Roberts, in an amount in excess of $50,000.00. COUNT U JASON A. MYERS V. SPUPPFNSBMG TOWNSHIP 12. Plaintiff incorporates herein by reference thereto paragraphs 1 through 11 heretofore as though fully set forth, 13. At all times relevant hereto, Britton Road was a public road in My b? 1I O'DONNELL NAONEfi I i MBLLIAMS. P. C. POLL PLXNGYLVnnp ;r, pEOT u«?wiTG AVENUE Shippensburg Township, which Defendant, Shippensburg Township, was charged with the duty of designing, constructing and maintaining in a reasonably safe condition. - 1!o v. 2. 2004 1:35PM` '1NT"RATED RISK VGMT'w urrt?as No.4B11 P. 120 14. On or about October 26, 2002, at approximately 1230 am., plaintiff was walking on Britton Roid whey, because of the negligence, recklessness, carelessness, and wrongful acts and omissions of the Defendant, Shippensburg Township, resulting in Britton Road being, an unlit road, and because there were no sidewalks along Britton Road, Aaintiffhad to walk on an unlit roadway in the dark where he was struck by the pickup truck being operated by Defendant; Bradley Roberts. 15_ The negligence, recklessness and carelessness of Defendant, OVONHELL MAGNER r xnuwws, PC. ,y,oy[,LN4r1V/.Ny ': WCR 4xrw5?[4?x[xu[ Shippensburg Township, consisted of: (A) Failing to design, construct, and maintain the road in a safe condition for pedestrians; (B) Failing to erect street lights on the road frequently traversed by college students and other pedestrians, in disregard of an unreasonable risk of harm to pedestrians; (C) Failing to construct and maintain sidewalks along the road frequently traversed by college students and other pedestrians, in disregard of an unreasonable risk of harm to pedestrians; (D) t=ailing to correct dangerous conditions which it knew or should have known to be dangerous; (E) Negligence as a matter of law; "Non. 2. 2004 I:36PM°" !N [PRATED RI$K MT1,7"" urri?na No. 4811 P. 13" (F) Such other acts or omissions by Defendant, Shippensburg Township, constituting the negligence which maybe ascertained during the course of discovery or at the trial of this case. 16. As a direct and proximate result of the negligence, recklessness and carelessness of Defendant, Shippensburg Township, Plaintiff sustained the serious injuries described in paragraph 8 heretofore- 17. In order to treat the aforesaid injuries, Plaintiff has been compelled to expend various large sums of money for medicine and medical attention. 18. As a further result of this accident and by reason of the injuries as aforesaid, Plaintiff has and may in the future continue to suffer great pain and agony, mental anguish and humiliation, and has been and may in the future be hindered from attending to his daily duties, functions and occupations, all to his great damage and loss. WHEREFORE, Plaintiff' claims damages from Defendant, Shippensburg Township, in an amount in excess of $50,000.00. .re?u II ?ONNE'Gt. HAONC? i WILLJAM18 G.C. Pwxt KwM>:?W.y. .rwri.wr..grw.KMUC Respectfully submitted- WILLIAM R. HAGNER, Attorney for Plaintiff 4111 ov. 2. 2004` 1:3 44091 1 CRATED R] K MGMTA* vrri?rs VERIFICATION h'o.4811 P. 14.0 I, Jason A. Myers, Plaintiff in the foregoing Complaint, do hereby verify that the statements made in said Complaint are sue and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 1 D ('1 do 'd e\pe nal injutyibn.Md R, MyMx ComplsLI[ w orc?m 11 0•CCNNEILMA4"M II L VALLIAMS, P.C. Moll ?Kiwvrlvwn? ' :t??G6T WICA4TV?vCMLC JASON S THE CHAMBERSBURG HOSPITA; Department of Pathology 717-267-7154 PAGE: 1 NAME: MYERS,JASON MR#: H562843 . LOG CER PHONE#: (610)647-6569 SS#: -ACCT#: H00014248736 DIAGNOSIS: CK INS - BIRTH DATE: 06/16/1982 Submit Doctor: CUMBERLAND VALLEY'EMERG ASSOC SEX: M AGE: 20 Family Doctor: Unlisted, Doctor - zzxx++zxxxzxxx+xsc+x++zzxzxz+xz++xx CHEMISTRY zx+zxzx+txxx+x+xxx++:++++++x+x+x+x Date OCT 26 Time 0145 Reference Units GLUCOSE - 158 H [70-110] MG/DL BLOOD UREA NITROGEN 11 [8-201 MG/DL CREATININE 1.1 [0.7-1.31 MG/DL SODIUM 138 [135-1451 mM/L POTASSIUM 3.3 L [3.6-5.11 mM/L CHLORIDE 107 [101-1111 mM/L TOTAL C02 24 [22-321 mM/L ANION GAP 7 [5-151 CALCIUM 8.7. [8.6-10.3] MG/DL TOTAL PROTEIN 6.0 L [6.1-7.91 G/DL ALBUMIN 3.7 [3.4-4.81 G/DL BILIRUBIN,TOTAL. 0.7 [0.3.-1.21 MG/DL AST/SGOT 541 H [15-411 U/L. ALT/SGPT - 648 H [17-631 U/L ALKALINE PHOSPHATASE 54 [38-1261 U/L AMYLASE 96 [25-1251 IU/L +-++++xx++r++++++zx++++x+++++++++ BLOOD ALCOHOL xxx++++++++x+rzz++++:zxx+x+x+z;r+ Date ` = OCT- 26 - - _ , Time 0145 Reference Units SITE PREP ALCOHOL COLLECTION SITE RIGHT ARM PLASMA/SERUM VALUE 0.12 $ LOW EQUIVALENT VALUE 0.09 $ HIGH EQUIVALENT VALUE 0.11 g SEAL INTEGRITY NO SEAL PRESENT EXHIBIT MYERS,JASON Report Printed: 10/26/02, 0242 PACE: 1 ** CONTINUED ON NEXT PAGE ** Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Plaintiff Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 V. KEVIN CROWLEY, Additional Defendant JURY TRIAL DEMANDED JOINDER COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Defendant, Shippensburg Township, by and through undersigned counsel, Lavery, Faherty, Young & Patterson, P.C., to file a Joinder Complaint in the above- captioned matter and, in support thereof, respectfully represents the following: Plaintiff is identified in his Complaint as an adult individual residing at 13 Knollbrook Circle, Malvern, Chester County, Pennsylvania. 2. Original Defendant, Bradley Roberts, is an adult individual residing at 924 E. Walnut Street, Perkasie, Bucks County, Pennsylvania. 3. Original Defendant, Shippensburg Township, is a Township of the Second Class, organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania with Township offices located at 81 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 4. Additional Defendant, Kevin Crowley, is an adult individual residing at 24 Mill Lane, Malvern, Chester County, Pennsylvania. 5. Plaintiff filed the instant action seeking monetary damages arising out of a pedestrian/automobile collision that occurred on or about October 26, 2002, on Britton Road in Shippensburg, Cumberland County, Pennsylvania. (A copy of the Plaintiffs Complaint is attached hereto as Exhibit "A"). 6. On or about October 25, 2002, the Plaintiff attended a party in Shippensburg, Cumberland County, hosted by Additional Defendant, Kevin Crowley, at the residence of Additional Defendant, Kevin Crowley. 7. Kevin Crowley served alcohol at his party. 8. Upon Plaintiffs arrival at Additional Defendant Kevin Crowley's residence at about 8:30 p.m. on October 25, 2002, Kevin Crowley served the under-aged Plaintiff with a glass of beer. 9. The Plaintiff subsequently had four additional beers before leaving the residence of Kevin Crowley to attend another party at 11:30 p.m. 10. Based upon information and belief, Kevin Crowley knew that the Plaintiff was under-aged at the time alcohol was served to the Plaintiff. 11. Based upon information and belief, Kevin Crowley knew that the Plaintiff was intoxicated as a result of the consumption of alcohol while at the residence of Mr. Crowley. 12. According to Plaintiffs deposition testimony, the Plaintiff did not consume any additional alcohol from the time he left Mr. Crowley's party through the time he was involved in the subject accident. 13. After the accident, the Plaintiffs blood alcohol level was tested at 1:45 a.m. on October 26, 2002, which was a little over three hours after leaving Kevin Crowley's party. His blood alcohol level more than three hours after departing Kevin Crowley's party was .12. (A copy of the blood alcohol testing results taken at Chambersburg Hospital is attached hereto as Exhibit "B"). COUNTI NEGLIGENCE 14. Defendant, Shippensburg Township, incorporates herein by reference the averments contained in paragraphs one (1) through eleven (11) of the foregoing Answer as if fully set forth herein. 13. The pedestrian/automobile accident that occurred on October 26, 2002, was caused by the negligence of Additional Defendant, which consists of the following: (a) Serving alcohol to the Plaintiff, an individual who was less than the age of twenty-one (2l ); (b) Furnishing alcohol to the Plaintiff which caused Plaintiffs intoxication; (c) Permitting the Plaintiff to become intoxicated; (d) Permitting the Plaintiff to leave his residence while in an intoxicated condition. 14. Plaintiffs intoxicated condition was the proximate cause of his being struck by Defendant, Bradley Roberts, and the alleged resulting injuries and damages. 15. Kevin Crowley is liable under the social host doctrine for the injuries sustained by the Plaintiff. 16. The averments contained in the Plaintiffs Complaint are incorporated herein by reference, without admission or adoption, and are addressed and directed to Additional Defendant, Kevin Crowley. 17. If the averments contained in the Plaintiffs Complaint are established, said averments being specifically denied as they may relate to Defendant, Shippensburg Township, then the injuries and damages complained of were caused by Additional Defendant, Kevin Crowley. 18. Additional Defendant, Kevin Crowley, is alone liable on the Plaintiffs claims, is liable over to Original Defendants, or is jointly and severally liable with Original Defendants on the Plaintiffs causes of action. WHEREFORE, Defendant, Shippensburg Township, prays that the claims against it be dismissed by reason of the fact that the damages of the Plaintiff, if any, were solely the responsibility of Additional Defendant, Kevin Crowley, or, in the alternative, that Additional Defendant, Kevin Crowley, is jointly and severally liable with Defendant, Shippensburg Township, or is liable over to Defendant, Shippensburg Township, the existence of any liability on the part of Shippensburg Township being expressly denied. Respectfully Submitted, Date: Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host, Esq. Attorney for Defendant Shippensburg Township CERTIFICATE OF SERVICE I, Blanche A. Morrison, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Petition for Leave to Join Kevin Crowley as an Additional Defendant upon the following persons at the following addresses by sending same in the United States mail, first- class, postage-paid: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff C. Roy Weidner, Jr. Law Offices of Johnson and Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Bradley Roberts Jute: 4alc ?fhe A. Morrison Secretary to Amy L. Coryer-Host ?, ., ?, *j , ? . -. ' i J (l G.:: ?G . li JASON A. MYERS, Plaintiff VS. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 CIVIL JURY TRIAL DEMANDED IN RE: PETITION FOR LEAVE TO JOIN KEVIN CROWLEY AS AN ADDITIONAL DEFENDANT ORDER AND NOW, this day of May, 2005, a rule is issued on the parties to show cause why the relief requested in the within petition for leave to join additional defendant ought not to be granted. This rule returnable twenty (20) days after service. In the event that a response is filed to this rule, any party may request argument before the undersigned. BY THE COURT, r). ???C: .. - [?l i?w'y}=,i Via f,;,_ ?, 4 C' ? ,__ y,? ? ?-, h, ? , ?_ r ? ?' ?? z Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, Plaintiff V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the Defendants hereby certify that: 1. a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (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 subpoena, is attached to this certificate; no objection to the subpoena has been received; and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, Respectfully submitted, DATE: .K )'3 (' lo-? Lavery, Faherty, Young & Patterson, P.C. By: (Y14 It ? Amy L. Coryer ost, Esquire Atty No. 81728 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys for Defendant Shippensburg Township CERTIFICATE OF SERVICE I, Kelly Foreman, an employee of the law firm of Lavery, Faherty, Young & Patterson, P.C., e do hereby certify that on this I E day of May 2005, 2004,1 served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 via U.S. First Class mail, postage prepaid, addressed as follows: William R. Hagner, Esquire 211 West Lancaster Avenue Paoli, PA 19301 C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 KellyTorbrimaA, Paralegal to Amy L. Coryer-Host Lavery, Faher1y, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Plaintiff BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA.R.C.P. RULE NO. 4009.21 TO: COUNSEL/PARTIES OF RECORD: Defendant(s), Shippensbwg Township, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. DATE: ?i h' t 0 S By: Amy L. Cory - ost Atty No. 8271 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys for Defendant Shippensburg Township CERTIFICATE OF SERVICE I, Kelly M. Foreman, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this day of May, 2005, I served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena via U.S. First Class mail, postage prepaid, addressed as follows: William R. Hagner, Esquire 211 West Lancaster Avenue Paoli, PA 19301 C. Roy Weidner, Jr., Esquire Johnson, Duf£ie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Kelly M. oreman Paralegal to Amy L. Coryer-Host COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jason A. Myers, Plaintiff File No. 04-5319 V. - Bradley Roberts and Shippensburg Township, Defendants ; SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Oscar P. Vance, Jr. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any,and all correspondence to,and from Attorney William Hagner and Jason Myers and a complete copy of all records pertaining to the,. hypnosis of Jason Myers. at 225 Market Street, suite 304 Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party mating 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 tbings required by this subpoena within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Amy L. Coryer-Host, Esquire ADDRESS: 225 Market St. Suite 304 SUPREME COURT ID # 8 2 718 ATTORNEY FOR Shippens urg Township BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy Jason A. Myers, plaintiff Bradley Roberts and Shippensburg Towns-hip, Defendants Fiie No. 04-5319 SUBPOENA TO PRODUCE DOCUMENTS OR T1UNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Great Valley Medical Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any,and all medical records pertaining tp Jason Myers. at 225 Market Street, suite 304 Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena wiffiin twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Amy L. Coryer-Host, Esquire ADDRESS' 225 Market St. Smite 304 r FOR Shippensburg Township Date: Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA _= - COUNTY OF CUMBERLAND Jason A. Myers, Plaintiff Bradley Roberts and Shippensburg Township, Defendants File No. 04-5319 SUBPOENA TO PRODUCE DOCUMENTS OR TIHNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 .TO: Robert Sh-eep, M.D. (Name of Person or Entity) Within twenty (2Q) days after service of this subpoena you are ordered by the court to produce the following documents or things: Any,and all medical records pertaining tp Jason Myers. at 225 Market Street, suite 304 Harrisburg, PA 17101 You may deliver or maz1 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 i i it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME-. Am? L. C6ryer-Host, Esquire ikDDkES§ 22'5 Market St. Suite 304 nship BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Jason A. Myers, Plaintiff V. _ Bradley Roberts and Shippensburg Towns-hip, Defendants File D ©4-5319 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T-.o, Surgical Specialists, P.C. (Name of Person or Entity) within twenty (2q) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any,and all medical records pertaining tp Jason Myers. at 225 Market Street, suite 304 Harrisburg, PA 17101 You may deliver or mail legible copies of the documents or produce tbings requested by this subpoena, together with the certificate of compliance, to the party mating 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 thingssought 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 *i6i7t THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME- Amy L. Coryer-Host, Esquire ADDRESS: 22.5 tiirk6t St. Suittp 04 hip BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy =- - ^. COMMONWEALTH QF PENNSYLVANIA - - " `' COUNTY OF CUMBERLAND Jason A. Myers - Plaintiff gileNo. 04-5319 Bradley Roberts and Shippensburg Township, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR TH[vGS FOR DISCOVERY PURSUANT TO RULE 4069.22 TO. Dr. Kevin- Mansmann _ (Name of Person or Entity) Within twenty (2q) days after service of this subpoena, you are ordered by the court to produce the fbIlowing documents or things., Any,and all medical records pertaining t4 Jason Myers. at 225 Market Street: suite 304 Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting 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 doctmrents 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 vitli it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: re 4 ip BY THE COUtT: Prothonotary, Civil Division Date: Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jason A. Myers, Plaintiff File No V. - Bradley Roberts and Shippensburg Towns-hip, Defendants 04-5319 SUBPOENA TO PRODUCE DOCUMENTS OR THIN GS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Advanced Spine & Sports Therapy Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any,and all medical records pertaining tp Jason Myers. at 225 Market Street, suite 304 Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it: THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Amy L. Coryer-Host, Esquire ADDRESS: 225 Market St. Suite 304 PO Box 1245 Harrisburg, PA 17108 TELEPHONE: (717 ) 233-6633 SUPREME COURT ID # 82718 ATTORNEYFOR: Shippensburg Township BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUNMERLAND Jason A. Myers, Plaintiff File No. 04-5319 V. - Bradley Roberts and Shippensburg Township, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: Chambers-burg Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Please see attachment. at 225 Market Street, suite 304 Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA34E: Amy L. Coryer-Host, Esquire ADDRESS: 225 Market St. Suite 304 PO Box 1245 Harrisburg, PA 17108 TELEPHONE: (717) 233-6633 SUPREME COURT ID # 8 2 718 ATTORNEYFOR: Shippens urg Township BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jason A. Myers, Plaintiff File No. 04-5319 v. Bradley Roberts and Shippensburg Towns-hip, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: York Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Please see attachment. at 225 Market Street, suite 304 Harrisburg, PA 17101 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Amy L. Coryer-Host, Esquire ADDRESS: 225 Market St. Suite 304 PO Box 1245 Harrisburq, PA 17108 TELEPHONE: (717) 233-6633 SUPREME COURT ID # 8 2 718 ATTORNEYFOR Shippens urg Township BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy ' --? ,?; .. _- , _?. ?:_: Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the Defendants hereby certify that: 1. a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (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 subpoena, is attached to this certificate; 3. no objection to the subpoena has been received; and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Respectfully submitted, DATE: '5I' w Lavery, Faherty, Young & Patterson, P.C. By: 11"ILPA Amy 0( oryer4lost, Esquire Atty No. 82718 a 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys for Defendant Shippensburg Township CERTIFICATE OF SERVICE I, Kelly Foreman, an employee of the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 0? day of May 2005, 2004, I served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 via U.S. First Class mail, postage prepaid, addressed as follows: William R. Hagner, Esquire 211 West Lancaster Avenue Paoli, PA 19301 C. Roy Weidner, Jr., Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Kelly Forevian, ' Paralegal to Amy L. Coryer-Host Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Plaintiff BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA.R.C.P. RULE NO. 4009.21 TO: COUNSEL/PARTIES OF RECORD: Defendant(s), Shippensburg Township, 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. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. DATE: 5 IL, 10 ? By: l _'1 v l? i Amy L. Cory Host Atty No. 82718 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys for Defendant Shippensburg Township CERTIFICATE OF SERVICE I, Kelly M. Foreman, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this ? day of May, 2005, I served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena via U.S. First Class mail, postage prepaid, addressed as follows: William R. Hagner, Esquire 211 West Lancaster Avenue Paoli, PA 19301 C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 dC. ,Y)" "? -- elly . Foreman Paralegal to Amy L. Coryer-Host t COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND Jason A. Myers, Plaintiff File No. 04-5319 Bradley Roberts and Shippensburg Towns-hip, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Charles.Griffen,Optometrist (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records pertaining tb Jason Myers. at 225 Market Streetr suite 304 Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days afterits service; the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME. Amy L. Coryer-Host, Esquire ADDRESS: 225 Market St. Suite 304 PO Box 1.245 Harrisburg, PA 17108 TELEPH0NE:(717) 233-6633 SUPREME COURT ID # 8 2 718 ATTOILNEYFOR: Sh.ippens urg Township BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court - Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jason A. Myers, _ Plaintiff 04-5319 V. File No. Bradley Roberts and Shippensburg Towns-hip, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Paoli Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any, and all medical records pertaining tq Jason Myers from . .____His former Pediatrician Dr. Townsend: at 225 Market Street, suite 304 Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NAME:.Amy L. Coryer-Host, Esquire .ADDRESS: 225 Market- St. Suites 304 _PO Box 1245 Harrisburg, PA 17108 TELEPHONE: (717) 233-6633 SUPREME COURT ID # 8 2 718 ATTORNEYFOR: Sh.ippens urg Township EY THE COURT: Prothonotary, Civil Division Date: Seal of the Court - Deputy a... ? <7 (f ,, -i1 ?? ..' ..? f .? ?i l _ { ) ?? _? .. 1 {`' y i _.. (": Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants NO. 04-5319 JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant, Shippensburg Township, by and through its attorneys, Lavery, Faherty, Young & Patterson, P.C., which, in support of its Petition for Leave to Join Kevin Crowley as an Additional Defendant, avers the following: 1. On or about May 11, 2005, Defendant, Shippensburg Township filed a Petition to Join Kevin Crowley as an Additional Defendant in the instant action. 2. On or about May 16, 2005, this Honorable Court issued a Rule to Show Cause why the Petition should not be granted. The Rule was returnable twenty (20) days after service. A true and correct copy of said Rule is attached hereto as Exhibit "A". 3. A copy of said Rule was served on all record of counsel on May 18, 2005. A true and correct copy of Petitioning Defendant's letter dated May 18, 2005, with Order and certificate of service are attached hereto as Exhibit "B". 4. To date, there has been no response from any party and twenty (20) days have passed since service of the Rule. WHEREFORE, Defendant, Shippensburg Township, respectfully requests this Honorable Court make the Rule absolute and allow Moving Defendant to join Kevin Crowley as an additional defendant. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. ?'r, Date: rU l s l 0 5_ By: tm if Amy L. Coryer- t, Esq. Attorney for Defendant Shippensburg Township IM0"V MAY 1 8 2005 JASON A. MYERS, Plaintiff vs. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants IN THE COURT OF COMMON P17AS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 CIVIL JURY TRIAL DEMANDED IN ' RE: PETITION FOR LEAVE TO JOIN KEVIN CROWLEY AS AN ADDITIONAL DEFENDANT ORDER AND NOW, this day of May, 2005, a rule is issued on the parties to show cause why the relief requested in the within petition for leave to join additional defendant ought not to be granted. This rule returnable twenty (20) days after service. In the event that a response is filed to this rule, any parry may request argument before the undersigned. BY THE COURT, William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 C. Roy Weidner, Jr. Law Offices of Johnson and Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 May 18, 2005 Re: Jason Myers v. Shippensburg Township, et al. CCP: Cumberland County, No. 04-5319 Dear Mr. Hagner and Mr. Weidner: FILE COPY Enclosed is a Rule to Show Cause why our Petition to Join Kevin Crowley as an Additional Defendant should not be granted. The rule is returnable in twenty (20) days from today which is June 7, 2005. Please feel free to call me if you have any questions or comments. Thank you. Sincerely, Enclosure c.c. Kevin Crowley (w/enclosure) Amy L. Coryer-Host A . G . \, /S - -I .-.V" i i JASON A. MYERS, IN THE COURT OF COMMON PLl -776F- Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-5319 CIVIL BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants JURY TRIAL DEMANDED IN RE: PETITION FOR LEAVE TO JOIN KEVIN CROWLEY AS AN ADDITIONAL DEFENDANT ORDER AND NOW, this day of May, 2005, a rule is issued on the parties to show cause why the relief requested in the within petition for leave to join additional defendant ought not to be granted. This rule returnable twenty (20) days after service. In the event that a response is filed to this rule, any parry may request argument before the undersigned. ? s. r. .y...:4a?33 afA add. WS'-'. 4? la+b ?.>:.. CC- BY THE COURT, CERTIFICATE OF SERVICE I, Amy L. Coryer-Host, an attorney with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Rule to Show Cause why Petition to Join Kevin Crowley as an Additional Defendant should not be granted upon the following persons at the following addresses by sending same in the United States mail, first-class, postage-paid: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff C. Roy Weidner, Jr. Law Offices of Johnson and Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Bradley Roberts Kevin Crowley 24 Mill Lane Malvern, PA 19355 Date: Amy L. Corye - ost, Esq. CERTIFICATE OF SERVICE I, Diana H. Umbenhauer, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Motion to Make Rule Absolute upon the following persons at the following addresses by sending same in the United States mail, first-class, postage-paid: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff C. Roy Weidner, Jr. Law Offices of Johnson and Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Bradley Roberts Date: ( a 'Diana H. Umbenhauer Legal Secretary to Amy L. Coryer-Host c-' O C`' v '4'? ?: ?+ .? w ?? r _ ..arr? .-- IJ ?] ? t???r? -G ? 1 -,? ?,? r11 ?? r?. Gi WILLIAM R. HAGNER, ESQUIRE ATTORNEY I.D. NO. 22589 211 WEST LANCASTER AVENUE PAOLI, PA 19301 (610) 644-6565 Attorney for Plaintiff JASON A. MYERS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Vs. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP Defendants CIVIL ACTION - LAW NO. 04-5319 PLAINTIFF'S ANSWER TO DEFENDANT SHIPPENSBURG TOWNSHIP'S PETITION TO JOIN KEVIN CROWLEY AS AN ADDITIONAL DEFENDANT AND NOW COMES, Plaintiff, by one of his attorneys, William R. Hagner, who answers the referenced Petition as follows: 1. Admitted. 2. Admitted. 3. Denied. Plaintiff did not testify at his deposition that he attended a party hosted by his friend, Kevin Crowley. By way of further response, as supported by his testimony at deposition found at page 16, line 11, and page 19, line 18, copies of which are attached as Exhibits "A" and "B" hereto, Plaintiff testified that he went to a house occupied by Kevin Crowley and his roommates, all of whom were on the lease, and departed at approximately 11:30 PM for a frat party. There is no testimony that Kevin Crowley "hosted" a party. 4. Denied. Plaintiff testified at his deposition that he believed (italics added for emphasis) that Kevin Crowley served him a cup of beer. Plaintiff was only certain that someone else got it for him. See page 17, lines 22 and 24 of Exhibit "A," attached hereto. 5. Denied. Plaintiff incorporates herein by reference thereto his Answer at paragraph 4 heretofore as though fully set forth. 6. Admitted in part. Denied in part. Again, Plaintiff believed (italics added for emphasis) that he had five beers during a period of 3 hours beginning at 8:30 PM. By way of further Answer, plaintiff testified that all beers, except the first were poured by Plaintiff. See page 17, line 18 of Exhibit "A," attached hereto. 7. Admitted. 8. Admitted in part. Denied in part. It is admitted only that the Chambersburg Hospital report set forth a blood alcohol level for Plaintiff. The Conclusions of Law are denied. The attempts of Petitioner to paraphrase information set forth in the reportenied as the same doArnot constitute the best evidence. 9. Denied. The Conclusion of Law that Kevin Crowley negligently served Plaintiff alcohol which caused the Plaintiff to become intoxicated is denied. By way of further Answer, there is no competent evidence that establishes that Plaintiff was intoxicated as a result of alcohol, if any, provided by Kevin Crowley. In fact, Plaintiff testified that he was not intoxicated. See lines 4 and 9 at page 21 of Plaintiff's deposition, set forth on Exhibit "B," attached hereto. 10. Denied. The Conclusions of Law set forth in this allegation are denied. By way of further Answer, Plaintiff incorporates herein by reference thereto as though fully set forth, Plaintiff's Answer at paragraph 9 heretofore. By way of still further Answer, there is absolutely no evidence which supports a finding that Plaintiff's condition, which Petitioner alleges as "intoxicated" caused Plaintiff to be struck by Defendant, Bradley Roberts. 11. Denied. The Conclusions of Law set forth in this averment are denied. By way of further Answer, Plaintiff incorporates herein by reference thereto, Plaintiff's Answers heretofore which are pertinent to Petitioner's allegation as fully set forth. 12. Denied. The Conclusions of Law set forth in this averment are denied. By way of further Answer, Plaintiff alleges that Kevin Crowley should not be joined as an Additional Defendant because even if there is factual evidence to support the allegations of Petitioner's JoinA Request, at most Kevin Crowley would be secondarily liable to Shippensburg Township, the joining party, who is primarily liable to Plaintiff, and Plaintiff submits that a primarily liable party has no right to indemnity from a secondarily liable party. 13. Admitted. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to deny and dismiss Defendant's Petition to Join Kevin Crowley as an Additional Defendant. Respectfully submitted: ILLIAM R. HA I R, ESQUIRE DALE F. SHUGAR , R., ESQUIRE ATTORNEYS FOR PLAINTIFF Date: June 9, 2005 Myers vs Roberts 1 Jason Myers 41 -I J Pace 14 Page ib 1 A Crowley, C-r-o-w-ke-y. 1 A I'm not sure. 2 Q Do you have any current contact information for 2 Q Did the driving cause you any type of fatigue? 3 Mr. Cr owley? 3 A No, ma'am. 4 A Yes. 4. Q Was Kevin home when you got to his house? 5 Q Where does he currently live? 5 A Yes, he was. 6 A 24 Mill Lane, Malvern, PA 19355. 6 Q Was there anybody else at Kevin's house when 7 Q Do you have a phone number for him? 7 you arrived? 8 A 1 have a cell phone number, but I don't know 8 A A couple of his roommates. 9 that o ff the top of my head. 9 Q Do you remember any of their names? 10 Q We'll follow up with your attorney to get that 10 A I'm not sure. He changed roommates every year. 11 information from you. 11 Q And I understand that at some point you left 12 A Okay. 12 Kevin' s house to go to a frat party? 13 Q How many hours did you work on Friday, the 13 A Yes, ma'am. 14 25th? 14 Q What time did you leave Kevin's house to go to 15 A I would have started at 800. And I believe 1 15 the frat parry? 16 left at 530. 16 A I believe it was 1130. 17 Q Is that a typical working day for you back 17 Q I'm sorry. Did I ask you what time you arrived 18 then? 18 at Kevin's? 19 A Depending on the work load. 19 A I don't believe so. 20 Q Were you feeling tired or ill that evening? 20 Q What time did you arrive at Kevin's? 21 A No, ma'am. 21 A 8:30. 22 Q Did you consume any alcohol, drugs, or 22 Q So you were at Kevin's approximately three 23 medic ation at anytime during your working day? 23 hours before you decided to go to the frat party? 24 A No, ma'am. 24 A Yes, ma'am. 25 Q Did you consume any alcohol, drugs, or 25 Q Did you consume any alcohol while you were at Page 15 Page 17 ". 1 medication while having clinnerwith your mom? 1 Kevin 's house? 2 A No, ma'am. 2 A Yes, I did. 3 Q At any point prior to leaving your home to 3 Q What type of alcohol did you consume? 4 travel to Shippensburg did you consume any alcohol, drugs, 4 A It was beer. I believe it was Natural Light. 5 or med ication on the 25th of October? 5 Q Were you drinking from a keg or from a bottle 6 A No, ma'am, 6 or a c an? 7 Q Do you recall what time it was you left your 7 A It was from a keg. A home r^ go to ch: ........-h... o •••r.-••?•--•g • o" Q What size cup were you using? 9 A I believe it was 6:30. 9 A I'm not sure what the approximate size. I 10 Q This was in the evening, correct? 10 would say somewhere around that (indicating). 11 A Yes, ma'am- 11 MR. HAGNER: Indicating seven inches. 12 Q Did you drive to Shippensburg? 12 BY MS. CORYER: 13 A Yes, ma'am. 13 Q And what was the diameter of the cup, if you 14 Q Did you make any stops between your home and 14 can remember? 15 Shippe nsburg? 15 A It was just the regular diameter of a normal 16 A No, ma'am. 16 kitche n glass. 17 Q Where in Shippensburg did you go? 17 Q Was it a kitchen glass or a plastic, like, one 18 A I arrived at my friend,-- Kevin's house who 18 of those - 19 lives on Queen Street. 19 A It was a kitchen glass. 20 Q Had you been to Kevin's house before this? 20 Q Okay. Were you filling your cup up at the keg 21 A I was there once in a year prior. 21 or was somebody else doing that for you? 22 Q How long did it take you to get from your home 22 A The first time somebody else got it for me. 23 in Malvern to your friend Kevin's house? 23 Q Do you remember who? 24 A Approximately two hours. 24 A I believe it was Kevin. 25 Q Do you know how many miles you traveled? 25 Q After the first one you went and filled your 5 (Pages 14 to 17) Leary Reporting L? ( l (717) 233-2660 3ed6de0b-7c50-45df-9'97-e52401 c6cce2 ,.. Myers vs Roberts Jason Myers Paoe 13 1 own cup up? 1 2 A Yes, ma'am. 2 3 Q When you got your first cup of beer was it 3 4 filled all the way to the top? 4 5 A No. About the top quarter of it was foam and 5 6 then the rest was beer. 6 7 Q What about the cups that you served yourself? 7 8 Were they filled to the top? 8 9 A No, they were all the same. 9 10 Q So about a quarter-inch of foam on the top? 10 11 A Yes, ma'am. 11 12 MR. HAGNER: Excuse me. Would you ask him 12 13 that-you said a quarter-inch. 13 14 BY MS. CORYER-HOST: 14 15 Q A quarter of the cup? 15 16 A Aquarterportion- 16 17 Q Okay. How many of those cups of beer did you 17 18 consume during the three hours that you were at Kevin's? 18 19 A I believe it was five. 19 20 Q When did you first -- what time was it when you 20 21 had your first beer? 21 22 A I would say 1 arrived at 830. So I would 22 23 think it was probably between 8:30 and 8.45. 23 24 Q When was it that you had your last sip of beer 24 25 before you left to go to the frat parry? 25 Page 19 1 A I would have to say probably 11.00, 11:15. 1' 2 Q Now, were you sipping on those approximately 2 3 five beers during the entire three hours or did you drink 3 4 it fast and then wait a while and then get another one? 4 5 A No. It was pretty much a regular pace. 5 6 Q Is there anyone that was at Kevin's house that 6 7 would be able to testify about the number of beers that 7 8 you has consumed mat evening? 8 9 A I'm not sure that anybody was really paying 9 10 attention to what I had consumed. Maybe I could find out. 10 11 Q Did you observe anyone at Kevin's house either 11 12 smoking pot or consuming any other type of recreational 12 13 drug? 13 14 A No, ma'am. 14 15 Q Did you consume any type of drug that evening? 15 16 A No, ma'am. 16 17 Q Who owned the house where Kevin resided? 17 18 A It was a lease. And it was Kevin and a few of 18 19 his roo mmates were on the lease. 19 20 Q - How old was Kevin in October of 2002? 20 21 A October 2002 1 believe he was 20. 21 22 Q Do you know where it was Kevin got the beer 22 23 from? 23 24 A I have no idea. 24 25 Q At the time did you know that the legal age to 25 Page 20 drink was 21? A Yes, ma'am. Q And why did you consume alcohol? A We were just hanging out, talking, and having a good time. Q Did you regularly consume alcohol prior to the date of this accident? A No, ma'am. Q Did you on occasion consume alcohol prior to the accident? A Yes, ma'am. Q When you did what would be the typical amount of alcohol that you would consume? A It varied between two and six. Q Was five beers a lot for you in October of - 2002? A No. Q What is your understanding of what it means to be intoxicated? A You mean how does the person act? Q I'm asking you what your understanding is. If somebody were to say, Hey, that guy's intoxicated, what would that mean to you? A Slurring speech, staggering. That's the way I would -- Page 21 Q Okay. Prior to the date of this accident had you ever become intoxicated? A Not to that point. Q Did you become intoxicated while at Kevin's house that evening? A No, ma'am. Q Were you intoxicated at the time the accident occurred? A No, ma'am. Q How tall were you at the time of the accident or how tall are you now? A I believe I'm five ten. Q You didn't shrink any since the accident? A Not that I know of. Q Do you know how much you weighed at the time of the accident? A That would have been 170 pounds. Q The records that we received from Dr. Schuster for a date, a visit, November 6, 2002 indicated that you weighed 173 pounds. A Okay. Q Does that sound about accurate to you? A Yes. Q Did you gain or lose any significant amount of weight after the accident? ? 6 (Pages 18 to 21) Leary Reporting (717) 233-2660 3ed6de0b-7c50-45df-9797-e52401 c6cce2 i JASON A. MYERS Plaintiff vs. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-LAW NO. 04-5319 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Plaintiff's Answer to Defendant Shippensburg Township's Petition to Join Kevin Crowley as an Additional Defendant was sent to counsel below, at addresses hereafter, by regular U.S. Mail, postage prepaid: Amy L. Coryer-Host Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 C. Roy Weidner, Jr., Esquire Law Offices of Johnson and Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 WILLIAM R. HAGN R, QSQ?RE June 9, 2005 _7, .. . ? ` y rn < ' v r - W -- t Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants NO. 04-5319 JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant, Shippensburg Township, by and through its attorneys, Lavery, Faherty, Young & Patterson, P.C., which, in support of its Petition for Leave to Join Kevin Crowley as an Additional Defendant, avers the following: 1. On or about May 11, 2005, Defendant, Shippensburg Township filed a Petition to Join Kevin Crowley as an Additional Defendant in the instant action. 2. On or about May 16, 2005, this Honorable Court issued a Rule to Show Cause why the Petition should not be granted. The Rule was returnable twenty (20) days after service. A true and correct copy of said Rule is attached hereto as Exhibit "A". 3. A copy of said Rule was served on all record of counsel on May 18, 2005. A true and correct copy of Petitioning Defendant's letter dated May 18, 2005, with Order and certificate of service are attached hereto as Exhibit "B". 4. To date, there has been no response from any party and twenty (20) days have passed since service of the Rule. WHEREFORE, Defendant, Shippensburg Township, respectfully requests this Honorable Court make the Rule absolute and allow Moving Defendant to join Kevin Crowley as an additional defendant. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. Date: LJ-61os_ By:nly`, i Ol, l '0 t, Amy L. Coryer last, Esq. Attorney for Defendant Shippensburg Township JASON A. MYERS, Plaintiff vs. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants IN THE COURT OF COMMON MAY 18 2005 10 PL CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 CIVIL JURY TRIAL DEMANDED IN RE: PETITION FOR LEAVE TO JOIN KEVIN CROWLEY AS AN ADDITIONAL DEFENDANT ORDER AND NOW, this day of May, 2005, a rule is issued on the parties to show cause why the relief requested in the within petition for leave to join additional defendant ought not to be granted. This rule returnable twenty (20) days after service. In the event that a response is filed to this rule, any party may request argument before the undersigned. 1 "`' Y Y L ? N ya.pj nyrr ?:T?fnii'fN A.e -YF't aF! i^i°.V. M'?.R.• ?. Y. 1?+My 4z BY THE COURT, 4'.?CiVa ? ?.CCCWilliam R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 C. Roy Weidner, Jr. Law Offices of Johnson and Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 May 1&, 2005 Re: Jason Myers v. Shippensburg Township, et al. CCP: Cumberland County, No. 04-5319 Dear Mr. Hagner and Mr. Weidner: FILE COPY Enclosed is a Rule to Show Cause why our Petition to Join Kevin Crowley as an Additional Defendant should not be granted. The rule is returnable in twenty (20) days from today which is June 7, 2005. Please feel free to call me if you have any questions or comments. Thank you. Sincerely, Enclosure c.c. Kevin Crowley (w/enclosure) Amy L. Coryer-Host AT TO \! e"5 - ^; T- L _ err , ll J Lf; JASON A. MYERS, IN THE COURT OF COMMON PLC Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-5314 CIVIL BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants JURY TRIAL DEMANDED IN RE: PETITION FOR LEAVE TO JOIN KEVIN CROWLEY AS AN ADDITIONAL DEFENDANT ORDER AND NOW, this day of May, 2005, a rule is issued on the parties to show cause why the relief requested in the within petition for leave to join additional defendant ought not to be granted. This rule returnable twenty (20) days after service. In the event that a response is filed to this rule, any party may request argument before the undersigned. -ZIT 0 BY THE COURT, CERTIFICATE OF SERVICE I, Amy L. Coryer-Host, an attorney with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Rule to Show Cause why Petition to Join Kevin Crowley as an Additional Defendant should not be granted upon the following persons at the following addresses by sending same in the United States mail, first-class, postage-paid: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff C. Roy Weidner, Jr. Law Offices of Johnson and Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Bradley Roberts Kevin Crowley 24 Mill Lane Malvern, PA 19355 Date: Os Amy L. Corye - ost, Esq. CERTIFICATE OF SERVICE I, Diana H. Umbenhauer, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Motion to Make Rule Absolute upon the following persons at the following addresses by sending same in the United States mail, first-class, postage-paid: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff C. Roy Weidner, Jr. Law Offices of Johnson and Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Bradley Roberts Date: ?????k?%?'? Diana H. Umbenhauer Legal Secretary to Amy L. Coryer-Host (?1 h? U C..- u'1 C. ? ?? r ^- '? -o rr, GJ i ? <) .. 3. iii , _ `?,.? ?? ;? G'? RECEIVED JUN 14 2005' Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants ORDER CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED AND NOW, this /S' day of 4u,. 2005, upon consideration of Defendant Shippensburg Township's Petition for Leave to Join Kevin Crowley as an Additional Defendant, and any response thereto, it is hereby ORDERED and DECREED that said Petition is hereby granted and Moving Defendant is permitted to join Kevin Crowley as an Additional Defendant to the above-captioned action. BY THE COURT: I7 / J. nE { M t^ J . e f " Li.Pln , ,,!i t? A ''J U UPI :ill ao ca ?? ?a^C737h1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON A. MYERS, Plaintiff, V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants, V. KEVIN CROWLEY, Additional Defendant CIVIL ACTION - LAW No. 04-5319 PRAECIPE FOR ENTRY OF APPEARANCE Filed on behalf of additional defendant Kevin Crowley Counsel of record for these parties: DONALD H. SMITH, ESQUIRE PA Id. 41011 LAW OFFICES OF KEITH R. MASON 20 Stanwix Street, Fourth Floor Pittsburgh, PA 15222 (412) 288-6200 A JURY TRIAL IS DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON A. MYERS, CIVIL ACTION - LAW Plaintiff, No. 04-5319 V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants, V. KEVIN CROWLEY, Additional Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for additional defendant, Kevin Crowley, in the above-captioned case. JURY TRIAL DEMANDED LAW OFFICES OF KEITH R. MASON 20 Stanwix Street, Fourth Floor Pittsburgb,T* 15222 DO$ALD H. SMITH, ESQUIRE Attorney for Additional Defendant Kevin Crowley CERTIFICATE OFSERVICE I hereby certify that on July 13 h , 2005, a true and correct copy of the within Praecipe for Entry of Appearance was served by United States mail, postage prepaid, to and upon the following: William R. Hagner, Esquire. 211 West Lancaster Avenue Paoli, PA 19301 Amy L. Coryer-Host, Esquire, 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 Bradley Roberts 924 East Walnut Street Perkasie, PA 18944 C7 ,"_' O ??' -n _ a u+ -i - C.-• c= . '.. -? -'S n'r? 5_ , ???i r.. ?-- , :L -??i r r' h ?< } C i- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05319 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS JASON A VS BRADLEY ROBERTS ET AL R. Thomas , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'TL DEFEND. , to wit: CROWLEY KEVIN but was unable to locate Him deputized the sheriff of CHESTER serve the within COMPLAINT JOINING ADDL County, Pennsylvania, to On July 7th , 2005 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Chester County 47.23 Postage .74 So answe _- J R. Thomas Kline Sheriff of Cumberland County 84.97 07/07/2005 LAVERTY FAHERTY YOUNG PATTE Sworn and subscribed to before me this _?Lw day of o2dos' A.D. Prothonotary in his bailiwick. He therefore tit-The Court of Common Pleas of Cumberland County, Pennsylvania Jason A. Myers Vs Bradley Roberts & Shippensburg Township vs. Kevin Crowley Now, June 23, 2005 No. 04-5319 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. pj,a?a ffj,.*C ? U P?1- 6Ate 4,Q nm?QLA(mci ?e?nEy 5kef,1' ` _r?nks Sheriff of Cumberland County, PA o 54 C-> m`" s C- c CAI rn -4F= Affidavit of Service n J pNrn Now, _JQjr 20 cis , at 5' ?JS o'clock ?_ M. ser ff-d t N ? D? within Com9LP rr cyst upon Ke ,„t Cato ?c 1 at h15? G. i cN by handing to a _ TRQc copy of the original G o tr p?aW and made known to Kzj, ?l c'Row E.7 the contents thereof. So answers, ? ? Q? A -9heriff o County, PA COSTS Sworn and subscribed before SERVICE _ me this J:!? day of 20C)S-- MILEAGE _ AFFIDAVIT r -N „ ila NOTARIAL SEAL Rebecca S. Yepremian, Notary Public West ChesterBoro., Chester County My commission expires -August 6, 2008 <?N4 7 YO/ 77' SHERIFF'S COSTS' Date??_.?-•--- $? /so_ Paid Re.ccipt Plo. 2 Mg-"Z - Last day to service 7 -z z -a!?_ R. THOMAS KLINE Sheriff t? of QLurn erz RONNY R. ANDERSON Chief Deputy EDWARD L. SCHORPP JODY s. SMITH Solicitor OFFICE OF THE SHERIFF Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 V" A. ?N'V l?r?l S??-rll 'f pleas make re?? PQyti1? on?srla J ? marks TO: Hon. Carolyn Welsh Chester County Sheriff Dear Sheriff: Enclosed please find to be served upon 2. Kevin Crowley 24 Mill Lane in your County. Kindly make service thereof and send us your return of service. 6-a9Ar /'Yc 4A L z't /Ar /r zeAA Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Jason A.'Myers RE: VS Bradley Roberts et al VS Kevin Crowley 04-5319 civil Notice and Joinder Complaint s?;r j _ct a71,F. 6 C z rv v a fV cn S ? tn S tiM L:O-nm A Mm C:)T C6 < atf--n nM -Enclosures: Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the Defendants hereby certify that: 1. a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (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 subpoena, is attached to this certificate; 3. no objection to the subpoena has been received; and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Respectfully subnutted, Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coy r-Host, Esquire Atty No. 82. 8 225 Market Street, Suite 304 P.O. Box 1245 DATE: -7Ia :z /0 5 Harrisburg, PA 17108-1245 Attys for Defendant Shippensburg Township CERTIFICATE OF SERVICE I, Kelly Foreman, an employee of the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this `? y of July 2005, 2004, I served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 via U.S. First Class mail, postage prepaid, addressed as follows: William R. Hagner, Esquire 211 West Lancaster Avenue Paoli, PA 19301 C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 I ? ?I I M.- "2z? Kelly Forem Paralegal to Amy L. Coryer-Host Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, Plaintiff V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Attorneys for Defendant Shippensburg Township INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED PA.R.C.P. RULE NO. 400921 TO: COUNSEL/PARTIES OF RECORD: Defendant(s), Shippensburg Township, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. By: Amyl. Coxye Host Atty No. 82718 225 Market Street, Suite 304 P.O. Box 12,15 DATE: 7 100 5 Harrisburg, PA 17108-1245 Attys for Defendant Shippensburg Township CERTIFICATE OF SERVICE I, Kelly M. Foreman, an employee with the laJw?firm of Lavery, Faherty, Young & r, ! Patterson, P.C., do hereby certify that on this ' day of July, 2005, I served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena via U.S. First Class mail, postage prepaid, addressed as follows: William R. Hagner, Esquire 211 West Lancaster Avenue Paoli, PA 19301 C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 L- Kelly M. oreman Paralegal to Amy L. Coryer-Host COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUNMERLAND Jason A. Myers, Plaintiff File No. 04-5.319 Bradley Roberts and Shippensburg Towns-hip, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Keystone Volvo (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any &nd all emd oVment records including but ndt limited to application permnnel records, attendance records, physicial examination records, performance reviews, W-2 forms and any other documentation pertaining to Jason Myers. at 225 Market Street, suite 304 Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Amy L. Coryer-Host, Esquire ADDRESS: 225 Market St. Suite 304 TELEPHONEf (/1 / ) 233-bb:33 SUPREME COURT ID # 8 2 718 ATTORNEYFOR: Shippens urg Township BY THE COURT: Prothonotary, Civil Division Date Seal of the Court Deputy _- C' ft: Co Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants V. KEVIN CROWLEY, Additional Defendant : CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW JOINDER COMPLAINT AGAINST ADDITIONAL DEFENDANT, KEVIN CROWLEY To the Prothonotary: Please withdraw the Original Defendant Shippensburg Township's Joinder Complaint against Additional Defendant, Kevin Crowley. Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Date: 1 By: Crn, , & n /0, Amy L. Coryei ost, Esq. Attorney for Defendant Shippensburg Township CERTIFICATE OF SERVICE I, Diana H. Umbenhauer, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Praecipe to Withdraw Joinder Complaint upon the following persons at the following addresses by sending same in the United States mail, first-class, postage-paid: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff C. Roy Weidner, Jr. Law Offices of Johnson and Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Bradley Roberts Donald H. Smith, Esq. Law Offices of Keith R. Mason 20 Sanwix Street, 4th Floor Pittsburgh, PA 15222 Attorney for Additional Defendant Kevin Crowley Date: (:z z "_O ? Diana H. Umbenhauer Legal Secretary to Amy L. Coryer-Host r`" {ate li ?' _,?( .. y .. -. ` . ' 4+ ^"1 Y ?? . ?; ( ; .4? Lav By: ID# 225 Har (71' Faherty, Young & Patterson, P.C. ny L. Coryer-Host 718 rket Street, Suite 304 urg, PA 17108-1245 3-6633 acoryer@laverylaw.com f A. MYERS, Plaintiff v BRAIPLEY ROBERTS and SHIP ENSBURG TOWNSHIP, Defendants Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED PETITION FOR STATUS FOR STATUS CONFERENCE AND NOW comes the Defendant, Shippensburg Township, by and through undersigned Lavery, Faherty, Young & Patterson, P.C., who, in support of its Petition for Status avers as follows: 1. The instant litigation arises out of a motor vehicle accident that occurred on 26, 2002. 2. The Plaintiff initiated the instant action by the filing of a Complaint on or about 22,2004. 3. Interrogatories and Requests for Production of Documents have been exchanged all parties and responses have been provided. 4. Depositions of Plaintiff, Co-Defendant Bradley Roberts, the passenger in Co- Roberts' vehicle and the investigating police officer have been conducted. 5. Five letters have been sent to Plaintiffs counsel since June 10, 2005 asking counsel to notify Moving Defendant's counsel if he desired to depose a representative of th? Township. Plaintiffs counsel has not responded and has made no indication that he to depose a Township representative. 6. Plaintiffs counsel has not identified any experts nor has he produced any expert 7. Defendant, Shippensburg Township, requests that a status conference be in this matter to set discovery deadlines, expert report deadlines and dispositive deadlines. I -I WHEREFORE, Defendant, Shippensburg Township, respectfully requests that this ble Court schedule a status conference in the above-referenced case. Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. Amy L. Coryer- st, Esquire Attorney for Defendant Shippensburg Township CERTIFICATE OF SERVICE I, Diana H. Umbenhauer, an employee with the law firm of Lavery, Faherty, Young & P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Petition for Status Conference upon the following persons at the following by sending same in the United States mail, first-class, postage-paid: William R. Hagner, Esq. 211 W. Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff C. Roy Weidner, Jr. Law Offices of Johnson and Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Bradley Roberts Date: 1 a 70 v.? Diana H. Umbenhauer Legal Secretary to Amy L. Coryer-Host ?,? r_? t.? ri _ r __? 'r --• IX? r ? zi ? C. a -j a _. -< s 7 s% Nfli 0 A V Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com Attorneys for Defendant Shippensburg Township JASON A. MYERS, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2006, upon consideration of Defendant Shippensburg Township's Petition for Status Conference, it is hereby ORDERED that a status conference shall be held i/n• the above-referenced matter on t 2006, at %!1y ?.m., in Judge ! chambers. BY THE COURT: 4. 0 3-11 E0 Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host ID# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED ORDER AND NOW, this `4" day of 2006, upon consent of all counsel, it is hereby ORDERED and DECREED that the following deadlines be established with respect to the within cause of action: Discovery deadline: November 3, 2006 Plaintiffs expert report deadline: December 4, 2006 Defendants' expert report deadline: January 4, 2007 Plaintiffs' expert report reply deadline: January 18, 2007 Dispositive motion deadline: February 16, 2007 BY COURT: Hess, Judge 6e 0 o`b AWf1tY?J 9h =1 lid h- 90?Z. Lavery, Faherty, Young & Patterson, P.C. By: Amy L. Coryer-Host D# 82718 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717)233-6633 E-mail: acoryer@laverylaw.com JASON A. MYERS, V. Plaintiff BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Attorneys for Defendant Shippensburg Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END AS TO LESS THAN ALL DEFENDANTS TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled, discontinued and ended as to Defendant, Shippensburg Township, only. Respectfully Submitted, Date: (? V ' v JLAW-e---l? William R. Hagner, Esq. Attorney for Plaintiff CERTIFICATE OF SERVICE I, Kelly D. Moyer, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End as to Less than All Defendants upon the following persons at the following addresses by sending same in the United States mail, first- class, postage-paid: William R. Hagner, Esq. O'Donnell, Hagner & Williams, P.C. 211 W. Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff C. Roy Weidner, Jr. Law Offices of Johnson and Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Bradley Roberts Date: ? a5 0 Kelly D. Moyer Legal Secretary to Amy L. Coryer ckq W r N frT C3 T crt?-?- .3 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: X for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (check one) (entire caption must be stated in full) X Civil Action - Law JASON A. MYERS C3 Appeal from arbitration , ? (Plaintiff) (other) The trial list will be called on March 20, 2007 and vs. BRADLEY ROBERTS and Trials commence on April 16, 2007 SHIPPENSBURG TOWNSHIP, Pretrials will be held on March 28, 2007 (Defendants) (Briefs are due 5 days before pretrials) No. 04-5319 , Civil Term Indicate the attorney who will try case for the party who files this praecipe: C. Roy Weidner, Jr. Indicate trial counsel for other parties if known: William R. Hagner, Esquire for Plaintiff, Amy L. Corner-Host, Esquire for Defendant T This case is ready for trial. Date: February 26, 2007 Signed, Print Name: C. Roy Weidner, Jr. Attorney for: Bradley Roberts :292037 C"7 .. O ? ? -,-2 ?~ ? Z C'LL ? L _,? n .ti , ' E ? ,.- ., ? ? ?" PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: )( for JURY trial at the next term of civil court. o for trial without a jury. CAPTION OF CASE (check one) (entire caption must be stated in full) X Civil Action -Law o Appeal from arbitration JASON A. MYERS, n vs. (Plaintiff) BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, (Defendants) (other) The trial list will be called on May 22, 2007 and Trials commence on June 18, 2007 Pretrials will be held on May 30, 2007 (Briefs are due 5 days before pretrials) No. 04-5319 , Civil Term Indicate the attorney who will try case for the parry who files this praecipe: C Roy Weidner Jr. Indicate trial counsel for other parties if known: William R Hamer Esquire for Plaintiff Amy L. Coryer-Host Esquire for Defendant This case is ready for trial. Signed: C. Roy Weidner, Jr. Date: March 28, 2007 Attorney for: Bradley Roberts :292037 C=nl O C-W f CO V ? 1_ ff IN JASON A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY ROBERTS and C SHIPPENSBURG TOWNSHIP, CIVIL ACTION - LAW Defendants NO. 04-5319 CIVIL TERM IN RE : PRETRIAL CONFERENCE A pretrial conference was held on Wednesda Ma 30, 2007, before the Honorable Edward E. Guido, Judge Present for the Plaintiff was William R. Hagner, Esquire, and William A. Addams, Esquire, and present for Defendant Bradley Roberts was C. Roy Weidner, Jr., Esquire. Defendant's expert is unavailable on Wednesday of trial week. If the parties lead off and start promptly on Monday morning, they should be able to finish this before Wednesday. If that cannot be accomplished, then they should be back up in one of the courtrooms and the judge will have to accommodate Defendant's expert if this runs into Wednesday. The parties estimate that this trial will take no more than two days. This is an auto accident case in which the Plaintiff was a pedestrian and was struck by the Defendant's vehicle. Liability is at issue as well as damages. The parties have stipulated to the various items contained in VI of the Defendant's pretrial memorandum. It is further stipulated that Plaintiff gave a prorated joint tortfeasor 00 1 release to Defendant Shippensburg Township. The Defendant had been at a party and was given field sobriety tests at the scene by the Trooper. He passed those tests and there is no evidence that he was intoxicated; therefore, no evidence of his drinking will be admitted at trial. There is an issue as to how Shippensburg Township will be handled in this matter. The parties are directed to submit their positions along with supporting authority in a motion in limine to be filed by close of business on Wednesday, June 13, 2007. Settlement does not appear to be likely. By the Edward E. Guido, J. William R. Hagner, Esquire 211 West Lancaster Avenue Paoli, PA 19301 For the Plaintiff C. Roy Weidner, Jr., Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For Defendant Bradley Roberts Court Administrator :lfh WILLIAM R. HAGNER, ESQUIRE ATTORNEY I.D. NO. 22589 211 WEST LANCASTER AVENUE PAOLI, PA 19301 (610) 644-6565 Attorney for Plaintiff JASON A. MYERS : IN THE COURT OF COMMON PLEAS Plaintiff VS. BRADLEY ROBERTS Defendant CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 PLAINTIFF'S MOTION IN LIMINE- PRECLUSION OF ANY EVIDENCE THAT PLAINTIFF WAS INTOXICATED AT THE TIME OF THE ACCIDENT, INCLUDING, TESTIMONY OF DEFENDANT'S TOXICOLOGIST, EDWARD J. BARBIERIA, AND REFERENCES TO LABORATORY ANALYSES OF PLAINTIFF'S BLOOD ALCOHOL CONTENT- AT TRIAL Plaintiff, Jason A. Myers, by his counsel, William R. Hagner, Esquire, Motions the Honorable Court that evidence of intoxication of Plaintiff, including testimony of Defendant's toxicologist and references to Plaintiff's BAC, be precluded as evidence at Trial, for the following reasons: 1. Plaintiff, a pedestrian, was struck by a motor vehicle, operated by Defendant, Bradley Roberts, when Plaintiff walked on Britton Road, Shippensburg Township, Cumberland County, on October 26, 2002. 2. Except for Defendant-operator, Bradley Roberts, Roberts' passenger, lColleen Kennedy, and Plaintiff, there were no eye witnesses to the accident. 3. Defendant designated Trooper William D. Hotham, who investigated LAW OFFICES O'DONNELL, HAGNER accident, Bradley Roberts and Collen Kennedy, as fact witnesses, and Edward & WILLIAMS. P.C. Barbieri, a toxicologist PAOLI. PENNSYLVANIA 2I I WEST LANCASTER AVENUE Expert witnesses, at Trial. and Steven W. Rickard, a reconstruction investigator, as 4. Defendant designated Plaintiff s BAC test results as a Trial Exhibit. 5. Plaintiffs BAC was .12% at approximately one hour following the accident. 6. Edward J. Barbieri in his Report, a copy of which is marked Exhibit "A," and attached hereto sets forth his opinion that "at the time of the motor vehicle accident on the roadway in Shippensburg Township at approximately 12:30 AM on 26 October 2002, Mr. Myers' BAC was sufficiently elevated so that his alertness, judgment, perception, coordination, response time and sense of care and caution were impaired by the ethyl alcohol in his system. As such, it is also my opinion within a reasonable degree of scientific certainty that at the date and time in question, ethyl alcohol was a contributing factor to the accident and subsequent injuries sustained by Mr. Myers." 7. Dr. Barbieri indicates in his report that he reviewed documents itemized at numbers 1. through 12., set forth at pages 1 and 2 of his Report, and set forth his understanding of the facts of this case derived from said documents at pages 2 and 3 of said Report. 8. Defendant, Bradley Roberts, testified at Trial of a related action that did not see Plaintiff before striking him (4/15/03 Trial Transcript, at 8); and he made no observations of Plaintiff that caused him to conclude that Plaintiff under the influence of alcohol (4/15/03, at 11). 9. Colleen Keeney, Defendant's passenger, testified at Trial of said action that: she only observed Plaintiff seconds before Roberts struck him LAW OFFICES 1(4/15/03, at 24); that she was not able to make any determination whether Plaintiff O'DONNELL, HAGNER 1 1 & WILLIAMS. PC. PAOLI PENNSYLVANIA was under the influence of alcohol (4/15/03, at 26); and that after impact she felt . 2 I I WEST LANCASTER AVENUE but could not smell alcohol (4/15/03 air come from Plaintiff s mouth at 28). , , 10. Colleen Keeney testified at her deposition that when she first observed Plaintiff he was walking in a southerly direction on Britton Road, with the flow of traffic, (4/26/05, at 11); Bradley Roberts' deposition testimony regarding his observations of Plaintiff prior to impact were the same as Ms. Keeney's ( 4/26/05, at 19). 11. Trooper Hotham testified at said related Trial that when he arrived at the accident scene, Plaintiff was being placed on a stretcher by ambulance personnel, and that when Plaintiff was confined in the ambulance, he smelled the odor of alcohol emitting the defendant (4/15/03, at 35), and that Plaintiff was "babbling" (4/15/03, at 43-44). 12. At Trooper Hotham's deposition, in response to counsel's question, "Was there anything else that you observed about Mr. Myers that would lead you to conclude that he was intoxicated or impaired?", Trooper Hotham responded as follows: "Once the EMT and ambulance arrived, they put him inside the ambulance. I climbed inside the vehicle, we shut the doors, and that's the first time I smelled an extremely strong odor of alcohol that was emitting from Mr. Myers. It is a very distinctive smell." 13. There is no evidence that Plaintiff exhibited any conduct which would indicate that he was under the influence of alcohol or intoxicated prior to the time I that he was struck by Defendant's automobile. 14. The York County Hospital report, identified by Defendant as a Trial LAW OFFICES O'DONNELL, HAGNER (Exhibit. a copy of which is marked Exhibit B., and attached hereto states, in pertinent part, that Plaintiff suffered, inter alia, a concussion with loss of r? 6 WILLIAMS. P.C. consciousness. PAOLI. PENNSYLVANIA 211 WEST LANCASTER AVENUE 15. There is no competent evidence that Plaintiff's alleged "babbling" in the ambulance was the result of drinking, rather than his being struck and knocked unconscious. 16. In Kraus v. Taylor, 710 A.2d 1142, 1145 , Pa Super. (1998), citing Kriner v. McDonald, 302 A.2d 392, Pa. Super. (1973) the Court stated: "Evidence tending to establish intoxication on the part of a pedestrian is inadmissible unless such evidence proves unfitness to be crossing the street. Pennsylvania courts have gone to great lengths to enforce (the analogous rule relating to the intoxication of drivers.) Consequently, no reference should be made to a pedestrian's use of alcohol unless there is evidence of intoxication or copious drinking on the part of the pedestrian, .." 17. The odor of alcohol, "absent more, is insufficient to prove a degree of intoxication indicating any recklessness or carelessness ..." Whyte v. Robinson, 617 A.2d.380, 383, Pa. Super. (1992). 18. Barbieri's proposed opinion that Mr. Myers' BAC was "sufficiently elevated so that his alertness, judgment, perception, coordination response time and sense of care and caution were impaired," is not legally sufficient to prove an unfitness to be walking on the road. 19. "Blood alcohol level alone may not be admitted for the purpose of proving intoxication." Clinton v. Giles, infra, 318-319; Whyte v. Robinson, supra, 384-385. 20. Plaintiff submits that evidence regarding Plaintiff s BAC and LAW OFFICES testimony of Edward A. Barbieri interpreting Plaintiff s BAC should be precluded from Trial as there is insufficient evidence regarding Plaintiff s lack of fitness or O'DONNELL. HAGNER 11 & WILLIAMS. RC. . inappropriate conduct resulting from intoxication, and that any probative value of PAOLI. PENNSYLVANIA 211 WEST LANCASTER AVENUE said uncorroborated evidence is outweighed by the prejudicial effect said uncorroborated evidence would have on Plaintiff s case. Clinton v. Giles 719 A.2d 314, 318-319, Pa. Super. (1998); allocatur denied, 739 A.2d. 163 (1999); Kriner v. McDonald 302 A.2d, 392, Pa. Super. (1973). 21. Counsel for the parties appeared at a Pre-Trial Conference on May 30, 2007 before The Honorable Edward Guido. WHEREFORE, Plaintiff requests the Honorable Court to enter an Order uding admission of evidence of intoxication of Plaintiff, including testimony lof Defendant's toxicologist and all references to Plaintiff's BAC, as well as any and all references to the odor of alcohol at Trial. RESPECTFULLY SUBMITTED: 'VILLIAM R. HAGNER, "IRE WILLIAM A. ADDAMS, ESQ LAW OFFICES I I O'DONNELL, HAGNER 1 & WILLIAMS. P.C. PAOLI. PENNSYLVANIA 211 WEST LANCASTER AVENUE EXHIBIT "A" r flmr IV? April 25, 2006 Amy L. Coryer-Host, Esquire Lavery, Faherty, Young & Patterson, P.C., Attorneys-At-Law 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 RE: Jason Myers v. Shippensburg Township File No. 1700-2367 [NMS Expert Services Case No. N051631 Dear Ms. Coryer-Host: You have retained National Medical Services, Inc., represented by Edward J. Barbieri, Ph.D., as consultants in toxicology in the above captioned case. You have been provided with information concerning National Medical Services and its Expert Services fees. A copy of my Curriculum Vitae is enclosed. You have requested that I form opinions and conclusions as to the potential impairment of Mr. Jason Myers by ethyl alcohol (ethanol) at approximately 12:30 AM on 26 October 2002. At approximately that time and on that date Mr. Myers, a pedestrian, was struck by a motor vehicle operated by Mr. Bradley Roberts, while Mr. Myers was walking along a roadway in Shippensburg Township. In order to comply with your request, on 10 June 2005 you provided National Medical Services with a copy of the following documents and records: 1. The Complaint of Jason Myers, Plaintiff, Court of Common Pleas, Cumberland County, Pennsylvania, No. 04-5319, submitted by William R. Hagner, Esquire (9 pages). 2. Commonwealth of Pennsylvania Police Crash Reporting Form, Incident Number H02- 1289754, Crash Number P0361132, Pennsylvania State Police - Carlisle Precinct, for 10/26/2002 (9 pages) with an accompanying letter to you from Major John F. Duigan, Director, Bureau of Patrol, Pennsylvania State Police, Department Headquarters, Harrisburg, PA, dated 20 January 2005 (1 page). 3. Laboratory Medical Records for Jason Myers, Acct # H00014248736, Medical Records No. H562843, The Chambersburg Hospital, 26 October 2002 (5 pages). 4. Chemistry and Toxicology results for Jason Myers, (00000) 000778477, York Hospital Clinical Laboratory, 26 October 2002 through 29 October 2002 (1 page). 3701 Welsh Road - Willow Grove, PA 19090 - (800) 522-6671 - (215) 657-4900 - fax (215) 657-2972 - www.nmslab.com Jason Myers v. Shippensburg Township File No. 1700-2367 [NMS Expert Services Case No. N05163] Page 2 of 6 5. Non- Traffic Citation Summons, Commonwealth of Pennsylvania, Citation No. 50000131-5, for Jason Andrew Myers, referenced to Accident Report H02-1289754, 27 October 2002 (1 page). 6. Transcript of Proceedings, held before the Honorable Edgar J. Bayley, Jr., Cumberland County Courthouse, Carlisle, PA, 15 April 2003 (54 pages). 7. The Oral Deposition of Jason A. Myers, taken on 26 April 2005 at the Shippensburg Township Building, Shippensburg, PA, (154 pages including Exhibits). 8. The Oral Deposition of Bradley Roberts, taken on 26 April 2005 at the Shippensburg Township Building, Shippensburg, PA, (59 pages including Exhibits). 9. The Oral Deposition of Colleen Keeney, taken on 26 April 2005 at the Shippensburg Township Building, Shippensburg, PA, (35 pages including Exhibits). On 7 July 2005 you provided National Medical Services with a copy of the following documents and records: 10. Answers to Interrogatories by Jason Myers, as verified by William R. Hagner, Esquire, 21 April 2005 (52 pages). 11. Answers to Interrogatories, Set No. 2, by Jason Myers, as verified by Sarah Jane Cauffman, Intern to William R. Hagner, Esquire, 28 June 2005 (8 pages). On 16 November 2005 you provided National Medical Services with a copy of: 12. The Oral Deposition of Kevin Crowly, taken on 25 October 2005 at the offices of O'Donnell, Hagner & Williams, Paoli, PA, (35 pages). From my review of the information contained in the above documents it is clear that, although the general facts surrounding the events of 25 October 2002 concerning Mr. Myers have been established, there is some variability in the exact times during which some of these events occurred. It is my understanding that Mr. Myers attended a party at the residence of a friend (Kevin Crowly) on 25 October 2002, arriving at approximately 8:30 to 8:45 PM. Mr. Myers testified that at this party he consumed about 5 cups of beer over a period of approximately 2.5 hours (from his arrival until his departure at approximately 11:00 to 11:15 PM). Upon leaving Mr. Crowly's home, Mr. Myers went to a fraternity parry; he indicated that he had no alcoholic Jason Myers v. Shippensburg Township Page 3 of 6 File No. 1700-2367 [NMS Expert Services Case No. N05163] beverages to drink at this venue. Mr. Myers testified that he left this second party and began walking home. On route, a truck driven by Mr. Roberts struck him at approximately 12:30 AM on 26 October 2002. (Note: Although others have testified that Mr. Myers left the Crowly residence at approximately 10 PM and arrived at the fraternity party at approximately 11 PM, this time discrepancy will not affect my opinion as to the intoxication of Mr. Myers by ethyl alcohol). It is also my understanding that, following assistance at the scene, Mr. Myers was transported to The Chambersburg Hospital for treatment of his injuries from the accident. At this facility, a blood specimen, collected from Mr. Myers at 1:45 AM on 26 October 2002, was tested for ethyl alcohol. The reported plasma/serum alcohol concentration was 0.12% w/v (which is equivalent to a serum concentration of 120 mg/dL). A urine specimen, collected from Mr. Myers at 1:20 AM was tested for the presence of following drugs of abuse: phencyclidine, benzodiazepines, cocaine, amphetamines, cannabinoids, opiates, barbiturates, and tricyclic antidepressants; all tests were reported to be Negative for these compounds. It appears that Mr. Myers was transferred to York Hospital during the morning of 26 October 2002, since a second test for ethyl alcohol was performed (at 5:20 AM) with a result of 29 mg/dL (i.e., 0.029% w/v) reported. Mr. Myers testifies that he was 5 ft. 10 in. tall and weighed about 173 pounds at and around the date of the accident. Ethanol (drinking alcohol, ethyl alcohol), once consumed, distributes throughout the body (blood and tissues). Blood is composed of an aqueous or water-like component (serum or plasma) and a solid cellular component (including red blood cells). The difference between serum and plasma is that the later contains the proteins required for clotting. Alcohol distributes preferentially into the aqueous water-like part of the blood. Therefore, if a tube of blood is centrifuged to separate the solid cellular material from the aqueous portion (as is often required for clinical/hospital analyses), the alcohol concentration in the aqueous component will be higher than in the cellular component. Similarly when the alcohol concentration in the aqueous component is compared to the alcohol concentration in whole blood (in which the cellular and aqueous components have not been separated) the concentrations are higher in the aqueous component (in part this is due to the diluting effect of the cells). While alcohol concentrations are typically related in terms of whole blood and not plasma or serum, it has been demonstrated empirically that a serum alcohol concentration (SAC) can be mathematically converted to a blood alcohol concentration (BAC). Since individuals have varying proportions of liquid to solid components in their blood, a range of conversion factors from SAC to BAC has been established. In the current case, the SAC of 120 mg/dL (from The Chambersburg Hospital) corresponds to a BAC of between 102 mg/dL and 106 mg/dL. In my calculations that follow (and to bias the data in favor of Mr. Myers) I will use the lower value, i.e., 102 mg/dL. The laboratory report from York Hospital does not indicate whether the 29 mg/dL of ethyl alcohol is from a serum specimen or from a whole blood specimen. However, if I assume that this represents a SAC, the estimated BAC would be between 24 and 26 mg/dL, a difference that is insignificant. Jason Myers v. Shippensburg Township Page 4 of 6 File No. 1700-2367 [NMS Expert Services Case No. N05163] The events that occur following the ingestion of ethyl alcohol in an alcoholic beverage have been studied extensively, both qualitatively and quantitatively. The pharmacokinetics of ethyl alcohol in the body consist of well-understood biological processes including absorption into the bloodstream, distribution throughout the body, metabolism and excretion. Absorption of ethyl alcohol from an empty stomach is generally regarded as being complete within approximately 60 minutes; the presence of food in the stomach can delay absorption for an additional 60 minutes on average. In an individual of average height and weight and using long-standing, empirically supported formulas and calculations, ethyl alcohol is metabolized in males at a fixed rate of between 11 mg/dL per hour and 23 mg/dL per hour, irrespective of blood concentration. Although the average is closer to 18 mg/dL per hour, most toxicologists commonly use 15 mg/dL per hour as an average working value for retrograde extrapolations (i.e., "back-calculations), again in order to favor the individual involved. How many ethyl alcohol-containing drinks would produce a "body burden" of ethyl alcohol in Mr. Myers to reach a BAC of approximately 102 mg/dL at 1:45 AM? Mr. Crowly indicated during his Oral Deposition that the cups used during his party were 12 fl. oz. Each 12 fl. oz. "drink" of beer (assuming 5% v/v ethyl alcohol) would raise the BAC approximately 26.6 mg/dL in a 173 lb. male. Therefore, Mr. Myers would have had the equivalent of about 4 "drinks" in his bloodstream to produce a BAC of 102 mg/dL at 1:45 AM on 26 October 2002. This figure does not represent the total number of drinks he consumed over the entire previous evening since it does not consider elimination of the ethyl alcohol. The difference in the time between the motor vehicle accident (approximately 12:30 AM) and the collection of the serum specimen (1:45 AM) is approximately 1.25 hours. Since Mr. Myers had not eaten any food at the Crowly party or at the fraternity party, and he stated that he stopped drinking prior to about 11:15 PM, his absorption of ethyl alcohol would have been complete before the accident. Therefore, due to metabolism of ethyl alcohol at the rate of 15 mg/dL per hour, at 12:30 AM, Mr. Myers' BAC would have been about 19 mg/dL higher than when the serum sample was collected. Therefore, I calculate that at 12:30 AM on 26 October 2002, Mr. Myers' BAC would have been approximately 120 mg/dL. BAC (12:30 AM) = BAC (1:45 AM) + Metabolic Rate per hour x 1.25 hours BAC (12:30 AM) = 102 mg/dL + 15 mg/dL/hour x 1.25 hours = 121 mg/dL This BAC (i.e., 120 mg/dL) represents a body burden of 4 to 5 "drinks" and is consistent with Mr. Myers' testimony. Jason Myers v. Shippensburg Township Page 5 of 6 File No. 1700-2367 INMS Expert Services Case No. N05163J Ethyl alcohol is a general central nervous system (CNS) depressant. At a BAC of approximately 110 mg/dL, it is often difficult to observe that an individual is intoxicated. Acute ethanol-induced CNS depression is concentration-related so that signs and symptoms become more pronounced as the BAC increases; often these effects are grouped based on BAC ranges. In the table below I have included some of the acute effects of ethyl alcohol as referenced in Garriott, J.C. (2003), Chapter 2: "Pharmacology and Toxicology of Ethyl Alcohol," in Medical-Legal Aspects of Alcohol, Fourth Edition, Garriott, J.C., ed.), Lawyers & Judges Publishing Co., Tucson, p. 27. BAC (mg/dL) Stage of Alcohol Influence Clinical Signs / Symptoms 30 to 120 Euphoria Mild euphoria, socialability, talkativeness Increased self-confidence; decreased inhibitions Diminution of attention, judgment and control Beginning of sensory-motor impairment Slowed information processing Loss of efficiency in finer performance tests 90 to 250, Excitement Emotional instability; loss of critical judgment Impairment of perception, memory and comprehension Decreased sensory response; increased reaction time Reduced visual acuity, peripheral vision and glare recovery Sensory-motor incoordination; impaired balance Drowsiness Not all of the above effects may have occurred in Mr. Myers based upon his calculated BAC at the time of the accident. In addition, since I have no information whether Mr. Myers had developed some degree of tolerance to the effects of the drug. However, even if Mr. Myers were tolerant to some of the ethyl alcohol-induced effects due to having consumed alcoholic beverages in the past, at a BAC of approximately 120 mg/dL, he would have been under the influence of the drug. ************************ Based on the information that I reviewed in the submitted documents, as well as my education, knowledge, training and experience, it is my opinion that at the time of the motor vehicle accident on the roadway in Shippensburg Township at approximately 12:30 AM on 26 October 2002, Mr. Jason Myers's BAC was sufficiently elevated so that his alertness, judgment, perception, Jason Myers v. Shippensburg Township File No. 1700-2367 [NMS Expert Services Case No. N051631 Page 6 of 6 coordination, response time and sense of care and caution were impaired by the ethyl alcohol in his system. As such, it is also my opinion within a reasonable degree of scientific certainty that at the date and time in question, ethyl alcohol was a contributing factor to the accident and subsequent injuries sustained by Mr. Myers. If any additional verified facts are forthcoming concerning this case, I would be happy to re- evaluate my assessment of Mr. Myers' BAC and his impairment by ethyl alcohol. Respectfully, cc: C. Roy Weidner, Jr. Law Offices Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Edward J. Barbieri, Ph.D. Forensic Toxicologist Enclosure: Curriculum vitae EXHIBIT "B" ATTENDING -PHYSICIAN: AGARWAL, NIKHILESH Discharge Diagnosis: 1. Status post motor vehicle collision with right rib fracture, L5 transverse process fracture and grade 3 liver laceration. History of Present Illness/Hospital Course: The patient is a 20-year-old pedestrian who was struck by a motor vehicle and thrown approximately 20 feet. The patient had a positive loss of consciousness and was reported unresponsive at the scene, but upon arrival to the hospital was responsive and alert. The patient was initially taken to Chambersburg Hospital where CT scans were performed and then the patient was brought to. York Hospital. Upon workup, it was discovered that the patient had a laceration and contusion of his liver, grade 2/3, along with contusion of his lung, multiple rib fractures, pneumothorax, QQncu;?sio;wdb loss of consciousness and some abrasions to his shoulder and abdominal wall and fracture of the transverse process of one of his vertebrae. The patient was admitted and. was started on conservative treatment. On hospital day number two, the patient had some nausea and vomiting after eating, but states that his abdomen felt much better. He remained afebrile with stable. vital signs. However, the patient's hematocrit had a slight downward trend. The patient's chest tube continued to put out a reasonable amount of fluid, 165 cc in 24 hours, and was therefore ieft in .place. On hospital day number three,, the patient was still complaining of some abdominal pain. and had. not ambulated sufficiently. Additional thoracolumbar spine series was negative for abnormality as well as. his rib series. The-patient's vital-signs did remain stable and. right chest tube once again.put out . approximately 160 cc. The patient then- underwent a repeat CAT scan of his abdomen and pelvis which did not show any change and the patient also had a. bowel movement. The patient's diet was advanced and eventually the:patient was taken up to 5-South and the chest tube- was removed. The patient did well and was. able to ambulate without difficulty and tolerating regular meals. The patient was therefore discharged to home with instructions for follow-up. Discharge Medications: 1. Motrin 600 mg with food every 6 hours as needed for pain. Diet: 1. Regular. Activity: 1. Resume as tolerated. In terms of driving, the patient may resume driving. 2. Wound care -the patient is to keep his chest tube site clean and dry. NAME: MYERS, JASON MRN: 000778477 DOB: 06/16/1982 ADMITTED: 10/26/2002 DISCHARGED: 11/01/2002 YORK HOSPITAL YORK, PA 17405 DISCHARGE SUMMARY PAGE 7 CONFIDENTIAL This information is furnished on the condition that it will be used only for the purpose for which It was requested. Any other use or disclosure of this information requires the express authorization of WellSpan Health. CHART COPY 3. Equipment needs - none. 4. Laboratory tests - none. 5. The patient is to notify a physician for any fever, increased pain, shortness of breath, signs of infection at chest tube site or for any other worrisome symptoms. Follow-Up: 1. With his family doctor the following week upon discharge. D: 02/07/200319:51:10 DK T: 02/17/200315:05:18 map R: cc: John. H. Garrett, D.O. . -611-11 .......... Daniel Kim, M.D. NAME: MYERS, JASON DISCHARGE SUMMARY MRN: 000778477 DISCHARGED: 11/01/2002 PAGE 2 CONFIDENTIAL This information is furnished on the condition that it will be used only for the purpose for which it was requested. Any other use or disclosure of this information requires the express authorization of WellSpan Health. CHART COPY JASON A. MYERS Plaintiff vs. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-5319 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Plaintiff's Motion In Limine was sent to the following counsel, at the address hereafter, via First Class U.S. Mail, postage prepaid, and via facsimile at 717-761-3015 C. Roy Weidner, Jr., Esquire Johnson, Duffie, Steward & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Date: VJ i WILLIAM R. HAGNER, E IRE Attorney for Plaintiff LAW OFFICES O'DONNELL, HAGNER I) & WILLIAMS, P.C. PAOLI. PENNSYLVANIA 211 WEST LANCASTER AVENUE ?? ?--- _ ?° ? -r _ .. ... 3 ?i?. t ?. 5 , ? ~ '?;' Ww? ..: - i . . (?? .^?. ?-t: ?-? .. ?t ._..-. ??„ `?? ?? Johnson, Duffie, Stewart & Weidner By: Kelly L. Bonanno I . D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com Attorneys for Defendant, Bradley Roberts JASON A. MYERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-115319 CIVIL V. CIVIL ACTION - LAW BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, : JURY TRIAL DEMANDED Defendants Case 11 -- Judge Oler RESPONSE TO MOTION IN LIMINE 1. Admitted. 2. Admitted. 3. Admitted in part. Denied in Part. Defendant has not designated Colleen Keeney as a fact witness. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part. Denied in part. The deposition testimony attributed to Bradley Roberts is admitted for the purpose of responding to this averment only. However said testimony is denied to the extent that it is being used to imply that the testimony of Dr. Barbieri or any evidence of intoxication is inadmissible. 9. Admitted in part. Denied in part. The deposition testimony attributed to Colleen Keeney is admitted for the purpose of responding to this averment only. However, said testimony is denied to the extent that it is being used to imply that Plaintiff was not intoxicated or that the testimony of Dr. Barbieri or any evidence of intoxication is inadmissible. 10. Admitted in part. Denied in part. The deposition testimony attributed to Colleen Keeney is admitted for the purpose of responding to this averment only. However, said testimony is denied to the extent that it is being used to imply that Plaintiff was not intoxicated or that the testimony of Dr. Barbieri or any evidence of intoxication is inadmissible. 11. Admitted. 12. Admitted. 13. Denied. To the contrary, Plaintiff's BAC, and the odor of alcohol emanating from Plaintiff at the time of the accident (Dep. W. Hotham at 18) in conjunction with Defendant's explanatory expert testimony are sufficient: to indicate intoxication prior to the accident. See Deposition Transcript of W. Hotham attached as Exhibit "A". The fact that Plaintiff was walking on and/or crossing the highway facing away from traffic under the circumstances is also evidence to indicate his impaired judgment at the time of the accident. 14. Admitted in part. Denied in part. The contents of Plaintiff's medical records are admitted. However, the medical findings contained therein are denied to the extent that they are being offered to indicate that Plaintiff was not under the influence of alcohol at the time of the accident. In fact, Plaintiff's medical records have multiple indications of alcohol use and/or impairment. Records from Chambersburg Hospital also indicate that Plaintiff's friends stated that Plaintiff had six (6) to seven (7) beers on the evening of the accident. See attached as Exhibit "B". Plaintiff's EMS records indicate that Plaintiff had "slurred speech" and had consumed several beers. See EMS records attached as (E=xhibit "C". Finally, York Hospital records indicate that Plaintiff denied a loss of consciousness resulting from the accident. See York Hospital records attached as Exhibit "D". 15. Denied. In fact, there is no evidence to suggest that Plaintiff's slurred speech was a result of any condition other than drinking. 16. Admitted in part. Denied in part. The contents of the cited case law are admitted. However, the applicability of said case law is specifically denied in that the evidence of Plaintiff's intoxication, including his BAC, the odor of alcohol that was emanating from Plaintiff and Plaintiff's slurred speech all indicate that Plaintiff was a hazard on the roadway, which is a permissible use of such evidence in conjunction with "explanatory expert testimony". Ackerman v. Delcomico, 486 A.2d 410 (Pa. Super. 1984). 17. Admitted in part. Denied in part. The contents of the cited case law is admitted. Its applicability in the case at bar, however, is specifically denied as the odor of alcohol is not the only evidence being offered with regard to the degree of Plaintiff's intoxication. 18. Denied. To the contrary, these opinions provide direct proof that Plaintiff was under the influence of alcohol to such a degree as to render himself a hazard. 19. Admitted in part. Denied in part. The contents of the cited case law are admitted. Its applicability in the case at bar, however, is specifically denied as the BAC of Plaintiff is being offered in conjunction with corroborating evidence of physical signs of intoxication and expert testimony. 20. Denied. To the contrary there is ample evidence of Plaintiff's inappropriate conduct resulting from intoxication. For example, Plaintiff admits to urinating in a bush on the date of the accident. (Dep. J. Meyers at 29) See attached as Exhibit "E". He also admits to consuming at least five (5) beers on the i,1ate of the accident. (Plaintiff's Answers to Defendant's Interrogatory No. 17) SE'e attached as Exhibit "F". In addition, Kevin Crowly, a friend of the Plaintiffs testified to observing Plaintiff playing "beer pong" a game in which participants drink shots of beer. (Dep. K. Crowly at 18-19) See attached as Exhibit "G". Furthermore, because the evidence of intoxication is corroborated by Plaintiff's own admissions of drinking and inappropriate conduct, testimony regarding the odor of alcohol coming from Plaintiff, his slurred speech and his BAC, the probative value of this evidence as it applies to Plaintiff's status as a hazard on the roadway is extremely high as compared to the prejudice Plaintiff claims he will suffer. 21. Admitted. WHEREFORE, Defendant requests that this Honorable Court DENY Plaintiff's Motion in Limine to preclude the admission of the evidence of Plaintiff's intoxication, including testimony of Defendant's toxicologist and all references to Plaintiff's BAC, as well as all references to the odor of alcohol. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: - elly L. Pokanno Attorne I. . No. 200811 301 Market' Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorneys for Defendant 300232 CERTIFICATE OF SERVICE AND NOW, this day of June, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Maill, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 JOHNSON, DUFFIE, STEWART & WEIDNER Cassandra T. Rosenbaum 300232 E-xh-f bi+ A 18 1 flowing water on Britton Road or flooding on !Britton Road 2 during your investigation of that accident? 3 A No, ma'am., 4 Q Continuing under the physical c.vidence 5 portion, you state, "Prior to pedestrian departing scene, I 6 smelled a st rong odor of alcohol ins?_de ambula.-ice." 7 Did you request a blood alcohol t,-2st to be 8 performed on the pedestrian, Jason Myers"? 9 A Yes. 10 Q Where was this test adnlinisterec.? 11 A I believe Chambersburg Hospital. 12 Q Can you tell rite what the results of that t est 13 were? 14 A . 12 . 15 Q As a police officer, do you rece- vE, any 16 training in the effects of alcohol on one's judgmrInt and 'Y Z1 perception? A Yes, ma'am. ^: g f Q Prior to the accident, did you hi re arty experience dealing with someone who is either intoxicated or 1 under the influence of alcohol? A Y ' am. es, ma } Q How often would you have such experiences with intoxicated persons prior to the accident? A Would I have experienced? GEIGER & LORIIA REPORTING SERVICE - 1-800- 222--4577 19 cD Right. How often would you encounter vozrebody that was either impaired or intoxicated? A Every week. Q Based upon your experience, training and ob,,_ervations of intoxicated persons prior to the accid:?nt, carp you describe what characteristics someonc, would hr3vc, ii- they were intoxicated? to When you're under the influence of alcohc;l, you lose certain motor skills. The best way to explai- _t to you is when your motor skills are gone, you're only fo-i_asing on on: thing because you can only do one thir_g well at C, certain time. You can't drive a gar and no where you'rc going. So you're focusing on driving a car. In this case, which is my opii-?i_oli, Mr. 'A, = rs wa;? lest and did not know where he was going. So due i::o him being impaired, he was trying to focus on how he could q1--t ba(-:k: .o the residence that he came from. ?J Other than that particular st ;:tement th,A. you just made, was there anything else that you observed aJ)clli. Mr. Myers that would lead you to conclude that he was intOx-i cited or impa i red'? Once the EMT and ambulance arrived, t:he? put him inside the ambulance. I climbed inside the vehicle, we shut, the doors, and that's the first tune I smelled an extrenLely strong odor of alcohol that was emitting from CJEIC ER & LORIA REPORTING, SERVICE - 1-800-222- 4' 7 7 E H I B T S 1 )0 1 Mr. Myers. It is a very distinctive smell. 2 And then after_ that, I was informed ;,.here they 3 were taking Mr. Myers to and that's when I requested that 4 there his blood alcohol- level be drawn for the results. 5 Q Did Mr. xobc,rts exhil,» t any of the 6 characteristics that you described of someone who aas either impaired or int oxicated? 8 A No, ma'am. 9 Q Was Mr. Myers charged with any crimina1- `-10 violations? ii. >?21 A Criminal, no. He was charged under the Vehicle Code. Q What was he charged with? A Section 3550 and Section 3544(c) Q Not knowing the sections offhand, could you tell- me what. th ey are? A I knew you were going to a::?k me to reir,em]_Der. I believe the one is pedestrians walking in a roadway while i ntoxicated. And quite honestly, %l i_t looking it up, I don't remember the second one. Q Was Mr. Myers at the time of the accident 21 rs of age? A No, ma'am. Q Are one of those charges perhaps 4nking? IGER & LORIA REPORTING SERVICE - 1-800-2.?2-9577 ?x?;b;+ ? THE CHAMBERSBURG HOSPITAL 112 North Seventh Street Chambersburg, PA 17201 (717) 267-3000 NAME: MYERS,JASON PATIENT #: H00014248736 PHYSICIAN: Diane Batt M.D. ROOM/BED: SERVICE DATE: 10/26/02 MEDICAL RECORD #: H562843 PATIENT TYPE: DEP ER DOB: 06/16/1982 REPORT #: 1026-0007 EMERGENCY ROOM REPORT REPORT STATUS: Signed HISTORY OF PRESENT ILLNESS: This is a 20-year-old male who had apparently been to a frat party this evening and was walking on a road when he was struck by a pickup truck that is estimated to have been going approximately 35 miles per hour. According to ambulance personnel, the patient was initially unresponsive on the scene according to the history they obtained from witnesses, but was alert and responsive when the ambulance arrived. The patient does not have any recall of the accident. On initial evaluation by ambulance personnel, he was noted to have complaints of trouble breathing, absence of breath sounds on the right side and an abdomen that was described as becoming increasingly firm while en route here. The patient additionally complains of neck and back pain. PAST MEDICAL HISTORY: Negative except for depression. MEDICATIONS. Includes only Zoloft.. ALLERGIES: No known allergies. SOCIAL HISTORY: According to the patient's friends in the waiting room he had about six or seven beers in the course of the evening. FAMILY HISTORY: Not pursued in the interest of managing the patient's acute injuries. REVIEW OF SYSTEMS: Not pursued in the interest of managing the patient's acute injuries. PHYSICAL EXAM: This is a well-developed, well-nourished young man who is alert but asking repetitive questions at this point. Vital signs include a temperature of 95.1, heart rate 82, respiratory rate 28, blood pressure 122/85, oxygen saturation 100% on nonrebreather. His head appears atraumatic. Cervical spine immobilization is in place. He has a #14 gauge Angiocath in his midclavicular line with diminished breath sounds on the right side. No obvious crepitus to palpation of the rib cage. He has diffuse abrasions over his abdomen and generalized tenderness to the abdomen more prominently on the right side than on the left. Bowel sounds are present. No rebound. Pelvis is grossly stable to compression without any crepitus or obvious laxity. Distal pulses are intact with good capillary refill. DIAGNOSTIC STUDIES: On lab workup a trauma pack, CT head, CT abdomen and pelvis and portable chest, pelvis and C-spine have been ordered and results are pending at this point. MEDICAL DECISION MAKING: This is a patient with an obvious right-sided pneumothorax and a high likelihood of internal abdominal injuries as well. In addition, he is complaining of neck and back pain raising the question of fractures although he is neurologically intact. He has also suffered a closed head injury based on the repetitive questions. He will clearly require surgical intervention and Dr. Gorman happened to be present in the ED seeing another patient and was able to place a chest tube upon the patient's arrival to correct the pneumothorax. Dr.. Sheep is however on call for trauma and is taking over the management of this patient. Helicopter transfer to a trauma facility is not available secondary to the weather. However, ambulance transfer remains an option depending on the patient's injuries, and if the patient remains stable. Dr. Sheep will be making that decision as more information becomes available. DIAGNOSTIC IMPRESSION: Multiple trauma, status post motor vehicle accident. PLAN: Dr. Sheep is here in the ED and will taking over the ongoing management of this patient. ADDENDUM: The patient's CT revealed rib fractures, pneumothorax, pulmonary contusion, intraparenchymal injury to the liver without evidence for free fluid in the abdomen and a transverse process fracture, in the lumbar spine. I do not have Page 1 of 2 DEPARTMENT: CHAMBERSBURG HIM I Exhii b tic I I Pennsylvania EMS Report gem Nun Unk Na PIM No. t:Amno tea. No. West Shore EMS 2102220 0117506 CC16641 10!2612002 MC1D Reedy tg FacWy Brifta Rd at Sunbom t3m* Shippeasbtug T-p 21923 O-Wberibms Hospital PPOWA N- Phom No. A:gr Dais of Bh & SoaW Sec. No, Sec C? Jams-Myer (601) 647-6569 20 46116'1982 - - Mete fl Sirvot AdAr im crew Thnse woo 13 Knollbtvok Cis ASPS T WOOd)l. l EM':-'-P 0603M Dlrpatch 04;32 Cfty Male ZIP A#2 E nrot>br: N 0033 00 35 malvern PA 19355 A#3 icene Arrive ! $ Unk aL riMp AM De"rt sem 00:49 4 . . e k? Vacftitf 01:03 2 " ? private pk OW on-Scene Dee- I. - Avadlstaie 02:12 0 k unkown 0 0 0 0 In 02;18 Medical Cwwnx=1 Pkmklatt MCC C'hW Comffibint. Pam acconduy to ttaunma - Current Made: zcaoR - - now known FMH>c 1rII OV- COPO IMP Drab. Cancer C] None rp-4 Narrative MWic 94 was 4iap44Qhc l by C WxTtaad C uwv 911 center along win SLS amts 2-53 and Co 52 Pile apparataa to Brdl= Rd at SUftbetsm Cimieo Shippemsbattg Twp, PA 17257, for a pedwhim aoeidanc Remomdod immcdia>ely and arrived on scene sbof aiflrr BLS to find pt supi" on roadway mw s oompaat pied; up trucL By t wW= and BLS craw in atteodaum. BL5 holding C-sp w atabikzaticm. Wnt= conditiam: cold, datk, leggy w intatnaitt w men, rain. CCJMOI: Pr is 20 y/o appm 70 Kg M, complaining of pain is R lido sad abdomen. Attending to wituewes, Pt was walking almW the sheet when he wan At& by a compact pick up truck and ibmwo appsax 75 ft. Pick up track has damage to tlont fender, beadh* ass niW hood and. windshield. F d mated speed tm impart waus 35 mplt. Wntmws else state one % was =vspon jw on some fbr 2- 3 min. Upcm P,1 S axdv4 pt was awake, confiexd mod ipectkutg wane tuned ezp h- Pt's ekdang wax wet from the rain, and pt spit up small amount of blood. Pt dots out ramembw what happ=iod, and wax 8 same gacafo w over end over. O1ber wimessea state pt was wafksrsg from f twaity pasty, and had copsurood several beers this micning. PMH: Dcp=83ioa, pt tumble to provide firmer information. NA-ads: aolott Unknown a1ter3iams, Pt was unable to give blib mafon. PE: Pr awake, bui not ake r, opens eyes on ccuR nmod, &,in pale, cool and moW4 however pt had beets laying in the :;traet in heavy rz?a fv; 4Pmx 5 TO 6 min befate EMS arrival. Head appears aownasiq no sagas of espesn blcudm& and no CSF noted in con or nose. Neck uur markable, ohesr PT complains. of pain on R side of Cbook sad also eoenp)aias of not.b=W able to breatlae• No flail segmesnts or pstadmcical movement Potrel. L atatnds : L side clear. R side dimimssod. Abdomen Scan, witb abrasions across abdomm, pch is stable, upper and lower essciremitic s Rave eevexal abmsioos but odtetwiw unramx1mble. Pt able to move all exnmAes, + pulse mad fal* in 4 esomnitiess. Back assessed briefly before p': placed on longbosrd. No obvious dc€u=dfim or bleeding wted. TX: ALS assmazueve as much as poss3'ble due to water corAtiom. C collar placed and pt log rolled owo long bead wiih CID. Ptaruved to ambulance 2.53, pt tiadresaed mod fwdwr assemad. Cardiac mouitor. ahow* NSR. IV, 1000cc RL via 16 gs cash, L ACF, wide opesn. 02 at 15 lpm via NRB. Traropert ctasa l to Ctramhersbtteg HospitaL Pt ccaxtiwW to we he could not brea%4 and ltmg sounds em R udo still dkdnishod. Chest dooomissessiom via 14 ga afngioralh at 3rd Imataostai. mid cla-vieular lime. Pt reported digF,ct kaprovement in mupim iaa- Radio repxt to.Chambm*urS HospetaL AL.S nohScu&n. 2nd rV eeatabliahed L hand 24ga cash, i 000oe RL, wide open. On arrivals pt to bed 1. Beedside report to ED stag muse and to MC 10k Dr Rain. Modtc 94 new rastocko3 trait, and rouuaed to volt cU, which W bem t Ann to Co 52's smtion by Co 52 meanbtr. Medic 94 r uuwnt d to xrviee- ? ?l a 0 *WL flah Pennsylvania EMS Report pServict Name Utdt Nw P Na, i I West 6hmt EMS 21022.20 0117505 :E 0."s6'20C2 e Pads t Name Date of Bulb social Seout" N. amber MCC € Medkm]i CarmftmeY Pin Jaen Myer 061,161992 - - t - ----------- r 96 A LS asseaatbent 060360 Arrive at rottdvvav T / % 7 C-Co 060360 % Long board and CID, ALS iu ambuLsnce LS/AL S OM3 ; % 29 M/80 % NSR Cardiac motdtor 060360 0 Pt un&cmftd 00:44 % OZ 15 i via NRB. BLS 40.46 % iV, 1000cc RL via 16 ge cabs, L arm, wide o 060360 Pt complains of diB`i _Oy brefi 00:48 4 go Ev. torus m Ctaamb=sburg Horpitit, cuss F 00:50 86 28 120,182 1 % NSR Chest decompression, 3rd imercostxl, 14 e 'Deans. 060360 Pt raporta siig[tt improve m 00:56 84 26 124/80 99% NSR io mVw w Chambashn ED 060360 -? - 00:59 % IV. 1040cc RL via 20 gs ca#4 L band, wide. 060360 01:03 86 Zb 124'80 99% NSR M S/AL 5 Arrive at ? ED, ptm bad 1. 02:Y2 % Medk 84 titian-..d bo w rice, c®priSK 2000 M-_Z-Mcdik Alt Paebts Reserved Page: 2 of 2 Providm ??h'b `k ? CHIEF COMPLAINT: Pedestrian struck. HISTORY OF PRESENT ILLNESS: The patient is a 20-year-old white male with a history of depressior who was transferred here from Chambersburg Hospital. Information was provided by pre- hospital personnel and the patient. The patient was walking, coming from a fraternity party, and admitted to drinking alcohol when he was struck by a car. He denies any loss of consciousness. He was seen at Chambersburg Hospital and they performed a chest x-ray that showed a right pneumothorax and placed a chest tube. They also did an abdominal CT scan which found blood in the right abdominal g,.,tter. The patient was transferred via ambulance to York Hospital. There was -io other testing done at Chambersburg Hospital at that time. The above was agreed with and the patient was discussed and seen by Dr. Woo. PRIMARY SURVEY: Airway and cervical spine control - the airway is patent, cervical spine collar is in place. Breathing - spontaneous breathing and equal breath sounds bilaterally. Circulation and hemorrhage control - no external hemorrhagE::. Disability - Glasgow Coma Scale of 15. Environment and Exposure - the patient was disrobed, exam ned and re- blanketed. PAST MEDICAL HISTORY: Depression. MEDICATIONS: Zoloft. ALLERGIES: No known drug allergies. SOCIAL HISTORY: The patient denies the use of tobacco. He adrnits to alcohol use. REVIEW OF SYSTEMS: As stated in the History of Present Illness, however, all other systems were reviewed and negative. PHYSICAL EXAMINATION: Vital signs - temperature 98.1, pulse 103, respirations 34, blood pressure 140180. Oxygen saturations 96% on room air. General - the patient is well-nourished, NAME: INNERS, JASON YORK HOSPITAL MRN: 000778477 YORK, PA 1740 DOB: 06/16/1982 ED VISIT DATE: 10/26/2002 EMERGENCY DEPARTMENT PKYS1(-,iA.N'S REPORT ROOM #: 2406A PAGE 1 CONFIDENTIAL This information is furnished on the condition that it will be used only for the purpose Tor which it was requesed. Any other use or disclosure of this information requires the express authorization of WellSpan Heal•;h_- CHART COPY u,h-ib,0- ? Ayers vs Rohcrts 1'agc 20 1 A Not that I saw 2 Q Did you observe anyone consuming any type of 3 drug while at the frat party? 4 A No 5 Q Did you consume any other type of alcohol while 6 at the Prat party? 7 A N(i, ma'am 8 Q So your last beer would have been before you 9 left Kevin's house? 10 A Yes, ma'am 11 Q Shortly before you left Kevin's. Okay. When 12 you arrived at the frat house did you continue to 13 associate with Amanda, Heather, Cameron, anti Andrew? 14 A Yes, ma'am. 15 Q Your attorney provided a report from Mr. Oscar 16 Vance. And I'll have you take a look at it and we'll mark 17 it as Exhibit D. Have you had an opportunity to review 18 the transcript before today? 19 A Yes. m?3'arn. 20 Q 11 you could turn with me to page 19, I've 21 highlighted a section of that report. J on this page 22 indicates you speaking and O, of course, Oscar. It says, 23 "From what 1 recall -- well, I know for a fact that at 24 that second party I didn't drink anything. We were just 25 hanging out there. And I was -- I felt I was walking Pat4c 27 1 fine. I mean, I was coherent. I knew what I was doing. 2 1 didn't -- I believe they -- the blood alcohol test said 3 1 was a .01, What was -- what the limits now .08?" And 4 he says, "Um hum." And you replied, "So I was .01 then." 5 Is that your understanding of the results of 5 the blood alcohol testing that was clone? 7 A Yes, ma'.3rn o Q F6 like you to take a iook at what we`h marx 9 as Exhibit E. 10 MS. CORYER-HOST: There's a copy in your 11 packet, too. Yours is over there. It's not there? 12 MN l1AGNFH Just let me look here. 13 Ms ORYEI?'-HOST The other attorney may have 14 taken it. Maybe you r,an look on my copy. 15 BY MS. r;()RYEIR HOS i 16 Q This is a report that we received from the 17 Charnbersburg Hospital. And it's the blood alcohol testing 18 that was done. And it indicates at the bottom a ptasma 19 serum value of .12. Were you ever advised that blood 20 alcohol testing revealed a level of .12? 21 A ?.on't br?lieve was given an exact figure. 22 no I just 'nmennber it being over - or being right 23 arorind 01 24 Q And who told you that your blood alcohol was 25 .01? a.tst>t1 Myers 4/?6/05 Pagc 28 1 A I think it was in the police report. 2_ Q Okay. 3 A I can't really - I don't knaw alcohol Ic,vets 4 So 01, point -- it doesn't 5 Q Okay. 6 MP HAGNFR Finish your statement, it you 7 would 8 THE DEPONENT I can't remember, like, exact 9 because I'm not sure what the exact limit is i 0, 10 00, you know what I mean. So when I say i s t11, f was 11 basing that upon the limit I know it was whate,,wr the 12 limit was at that time. 13 BY MS CORYER-HOST 14 Q It was at the limit or -- is A It was at the limit 16 Q Okay. What time (lid you end up leavinq the 17 frat party? 18 A I would have to say 12.30 19 Q Did you tell anyone that you were leavmq? 20 A No, ma'arn. 21 Q Why did you decide to leave? 22 A Because I was getting bored 23 Q Did you have anything to eat while you were at 24 the frat party? 25 A No, ma'am I'n,c 2Q 1 Q Did you have anything to eat while you werr, at 2 Kevin's house? 3 A No, ma'am. 4 Q So the last thing you had to eat was the dinner 5 you had with your morn? G A Yes, ma'am. 1 Q Was there a restroom at the fral house? L' A I don't think so, but I'rri not sure. I don't 9 remember seeing one 10 Q Looking back at the report from Oscar Vance on 11 page 4, I've highlighted a section there where you told 12 Mr. Vance, I walked out of the place and I actual y walker! 13 to the other side of the street because I had to co to the 14 bathroom. Did you use the bathroom outside'? Did you go 15 to the restroom in the wooer? 1G A Yes 17 Q And do any of the photographs that havr? bean 1 b shown to you today depict the area where you v,alked to go 19 to the hathroom? 20 A No, rna'arn. 21 Q Was it a heavily wooded area? 22 A 1 remember trees and brush ou the oroun(l 23 Q Did your feet get wet as you walked in that 24 wooded area? 25 A My feet were ;already wet. ((??1-?`. 2() (o 7O? Learn/ Repor1111L, (717) ?33-%0 6(1 3ed6de0b-7c50-45dt-9797-?5240ic6cce2 EXhibi+ F Did I'laintiff consume any alcoholic beverage of any typc, or any s..datwe, trandtiilizer, or other drug, medicine, or pill during the 24 hours immc:,diately preceding the incident described in the Complaint? If so, please state= (a) When tllc item(s) were consumed; (I b; The nature, amount and type of item consumcd; (c) The amount of time over which consumcd; (d) If prescribed medication, the mime and address if the prc;;cribing physician and the date prescribed; and (c I Tlic names and addresses ol'ally and all persons who have arty k»cwlcdf.1c as to the collsumption of these items. ANSWER: My best recollection is that I drank four or five beers between 8:00 P.M. and 11:00 P.M. on 10/25/02. Exhibit G MA`'-22-2007 15:07 Frorn:LAVERY LAW 7172337003 To:717 761 3015 P.7/11 Kevin Crowly Tla&c 18 1 A. Yes, Anti he attended school tit 1 2 Shippcnsburg• 2 3 Q. Do you recall geeing Mr. Myers drink any 3 4 hard alcohol? 4 5 A. No. 5 6 Q. No shots or anything like that? 6 7 A. No. 7 8 Q. Now about wine? 8 9 A. No. 9 10 Q. Do you recall seeing him do any illegal 10 11 drugs -- marijuana, cocaine, heroin? 11 12 A. No, lie didn't, 12 13 Q. I3o you recall -- I am trying 1o remember 13 14 my coltuge days. Do you recall Mr. Myers engaging 14 15 in any drinking games? 15 16 A. I believe I do recall seeing him play beer 16 17 pang. 17 18 Q. Explain beer gong. 18 19 A. Beer gong is a game where you have six 19 20 cups on each side. There's about a shot of beer in 20 21 each cup. Opponents shoot the ball into the cup and 21 22 the other person has to take a drink from the cup. 22 23 Q. Is it on a table? 23 24 A, On a table, yes. 24 Page 19 1 Q. And you use a ping pong ball? 1 2 A. Yes, 2 3 Q. Just taking a guess. Do you know how long 3 4 did you sue Mr. Myers playing bear pong? 4 5 A. I only saw him there once, So just one 5 6 gnine, 6 7 Q. Now long does boor gong last generally, a 7 8 game? 8 9 A. Just a matter of rive, ton minutes, maybe, 9 10 if that. 10 1 I Q. And how does the game end? 11 12 A, Game ends once all the cups are gone, 12 13 Q. And when you say a shot of beer, It's kind 13 14 of, would you agree, discretionary on how big the 14 15 shot is In the cup? 15 16 A. Yes. 16 17 Q, laid you share any beer bongs or anything 17 1$ like that? 18 19 A, Jason did not, 19 20 Q. You didn't sec him do that? 20 21 A. No? 21 22 Q. Was one there? 22 23 A. There was one there at the house, yeah, 23 24 Q, Any keg stands? 24 raga 20 A, No, Q. Not by Jason? A. No, Q. Quarters? A, No, no quarters, Q. i am guessing you didn't have any chips and dip laying out:' A, No, We did have food in the house in the cabinets, Whether or not he got in thcro at one point 1 don't know one wily or another, But, no, not out on it table or anything. Q. )-low many people would you say were at your house! A, I would estimate rnnyhe hetween 20 and 25. Q. I am guessing they weren't just located in one single room? They were throughout the hauso? A. Scattered throughout the house, Q. And can you describe your house? Was It a two story? A. It was a townhouse, Iwo story, Q, Now, tin you recall any other -- f himu the names of the people that went to high school with you. Can you recall any other names of poople that were there that might have witnessed what Mr. Myers fags 21 was doing while at your house? A, Tho main people that we were hanging out with were, like i said, the rricnds from high school, Those are really the only people that he knew. Q. Were your roommates there the entire time that Mr. Myers was there? A. Yes. Q. So sometime between I [1,00 And 10.30 you noticed that Mr. Myers isn't around? A. Correct, Q. You got In the car and you; a to And him? A, Mm-hmm, Q. Why [lid you do that? A. We went to find him just to sae where he was at, We just wanted to moot up with him. Q, Had you been planning to go to the fraternity party later? A. No, I did not. Q. So you had no intention oripoing to the fraternity party? A, No, Q. Were you aware that there was u fraternity party that night? 6 (Pages 18 to 21) Love Court Reporting, Inc, "' ? _? `°-- ? {?i? ?? ' ? ., ? .. l1 ?,? ;! --?. } Johnson, Duffie, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 By: C. Roy Weidner Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com JASON A. MYERS, Plaintiff V. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants Attorneys for Defendant, Bradley Roberts : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5319 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CASE 11 - JUDGE OLER DEFENDANT BRADLEY ROBERTS' MOTION IN LIMINE AND NOW, this fqh day of June, 2007, comes Defendant Bradley Roberts through his undersigned attorneys, and file this Motion in Limine by stating as follows: 1. Plaintiff seeks damages for personal injuries arising from a motor vehicle accident which occurred on October 26, 2002. 2. Following the accident, Plaintiff testified before the Honorable Edgar B. Bayley on April 15, 2003 regarding criminal matters related to the above captioned accident. See transcript of proceeding attached as Exhibit "A". 3. During his testimony Plaintiff testified that he had no recollection of the accident of October 26, 2002. (Exhibit "A" p. 48) 4. On October 2, 2004, Plaintiff presented to Oscar P. Vance, Jr., a forensic hypnosis investigator to undergo hypnosis to refresh his recollection of the accident. 5. The Forensic Hypnosis Report is attached as Exhibit "B". 6. Hypnotically induced testimony is inadmissible in civil proceedings. Rothstein v. IBM Corp., 17 Pa. D. & CAth 137 (Cumberland Cty. 1992). A copy of this opinion is attached as Exhibit "C". WHEREFORE, Defendant Bradley Roberts moves in limine to preclude Plaintiff from testifying or otherwise introducing evidence which refers to his recollection of the accident as refreshed by hypnosis. JOHNSON, DUFFIE, STEWART & WEIDNER By. :301032 oy idner, Jr. Kelly L. onanno CERTIFICATE OF SERVICE A AND NOW, this day of June, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing motion upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Ave. Paoli, PA 19301 JOHNSON, DUFFIE, STEWART & WEIDNER By: M helle H. Spangler :301032 22740-1839 i ,? ??,(n?bi ?' ? 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. KEATING: Commonwealth rests, Your Honor. THE COURT: Defense. Whereupon, JASON ANDREW MYERS, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. HAGNER: Q Would you state your full name, please. A Jason Myers. Q And your address, Jason? A 13 Knollbrook Circle. Q Malvern? A Malvern, PA, 19355. Q Jason, you've heard an incident discussed this morning. Do you have any recollection about that incident whatsoever? A I have no recollection. Q Nothing about it at all? A I don't remember anything. MR. HAGNER: No further questions. THE COURT: Cross. CROSS EXAMINATION BY MR. KEATING: Q Were you drinking that night? A I can't remember. 4-8 Eltlib,-t F> FORENSIC HYPNOSIS REPORT Of JASON ANDREW MYERS Forensic Hypnosis Session by Oscar P. Vance, Jr. FORENSIC HYPNOSIS REPORT Tape 1 - Side A Legend: 0;-- Oscar P. Vance J = Jason Andrew Myers Today is October the 2nd Saturday and we're at 502 Swede Street for the purpose of a Forensic Hypnosis Session and this is a Forensic Hypnosis Session with Jason A. Myers. And this Hypnosis Session is at the request of William R. Hagner, H a g n e r, he is the attorney located at 211 West Lancaster Avenue, Paoli, Pennsylvania 19301. phone number is 610-644-6565. Okay, I want to introduce myself to you. My name is Oscar Vance and I'll be doing the Forensic Hypnosis Session today, and this is at the request of your attorney, William Hagner and I had an opportunity to speak to him in reference to this without any of the details and uh to make the arrangements for today. Let me just get some background information and then we'll go right into the information. The videotape is on and the tape recorder is on; and the time now is 9:15. O Okay, what is your, your full name? J Jason Andrew Myers. O Okay and what is your age and your date of birth? J Twenty-two. 6/16/82. O Okay. And what is your address? J 13 Knollbrook Circle. K n o 11 b r o o k Circle. Malvern, PA O And what's the Zip Code there? J 19355. O And what is your phone number? J 610-647-6569. O All right. And uh are you employed? J Yeah. O And with whom are you employed? 1 J Uh, Great Valley Sunoco. O And where is that located? J Uh Route 29, Swedes Road. O And what town is that? J Uh that's Malvern also. O And is there a phone number there? J 610-644-1548. O Okay, this is a Forensic Hypnosis Session. We're here today uh, according to the information from your attorney, Mr. Hagner. This revolves around a, the fact that you were injured October 26th, 2002, in an automobile accident in Cumberland County Pennsylvania. Do you recall that date? J Bits and Pieces. O Okay. Okay, what I'm going to do is, I'm going to ask you some questions pertaining to everything that you, you remember about that particular uh, incident. And then following that, of course all these things are recorded, and following that we're going to go into the actual hypnosis session uh from that point on. From the induction I'm going to ask you some more questions in pertaining to this uh incident, and then that will also be recorded. The entire session that we're doing today will be recorded from hello to good-bye. J Okay. O And uh, whatever you remember will be recorded. I will not be asking you any leading questions, and what I mean by leading questions, I'm talking about anything that will be suggestive to you as far as any questions pertaining to this incident or anything else pertaining to uh our session today. Uh, I want to give you just a little bit of background in terms of myself and then I'll also want to talk a little bit about what we're going to do in terms of the procedure today. Okay. Uh I'm the Chief County Detective of Montgomery County and I've been Chief County Detective since 1981 and I've been in Law Enforcement since 1964 and have been doing Forensic Hypnosis since 1979, where I was certified and trained by a Doctor Martin Reyser who was a Clinical Psychologist for the Los Angeles Police Department. And subsequent to that period of time, I've attended many, many seminars pertaining to Forensic Hypnosis and have been uh qualified as an expert in Montgomery County and also in Delaware County Courts on actual Forensic Hypnosis cases. I've performed well over 400 actual Forensic Hypnosis cases 2 involvino, investi.aat.ions. And some nf which were murder investigations, rape investigations and burglaries, robberies, things of that nature, of those facts pertaining to uh reconstruction of events as they happen. Individuals, such as yourself, were asked to recall and remember certain things using uh Forensic Hypnosis. And that's what we're going to do today in terms of that. I also instruct in the area of Forensic Hypnosis. I have a school called Vance Enterprises, of which encompasses the, teaching of Forensic Hypnosis to Law Enforcement Officers and individuals who want to be certified in the area of Forensic Hypnosis. So today we're going to do this session and I'm going to be asking you everything, asking you to remember everything and explain to me what you do remember pertaining to that particular incident. And then we'll go into a phase, which is known as the actual hypnosis induction. And prior to that time, I'll explain to you just exactly what hypnosis is and how you will uh go through this session today. Following that, we will do a post hypnosis interview and then that will conclude the session. All of the information will be given to your uh attorney, Mr. William Hagner and then he can decide in terms of how to proceed from there. J Okay. 0 Okay. Do you have any questions, thus far? J What kind of success rates do you have usually? 0 Uh okay, well it's not actually measured by uh, when you say success rates, uh when you say success rates... J I mean like remembering, like will I... 0 Well remembering, uh I will say in terms of that, it depends on the individual. J Yeah? 0 Each case is different from that aspect that we don't predict anything in terms of whether the person will remember, will not remember; uh we just take the facts as they are. So we're not suggestive in terms of in any way, whether the person's memory is going to be enhanced or not. Uh whatever the information is, that's what it is during that period of time. J Right. 0 Okay. I want to start off with uh, what do you remember? J From the very beginning or? 0 Yeah, what do you remember in reference to uh, to this incident of involving your injuries and the accident? I don't know anything about that accident. Uh I didn't 3 --Pt into any of the facts nerta.ining to,this accident, other than .the.fact to set up the preparations for this hypnosis session and that is one of the requirements that we not know anything so that everything that is told to me can be recorded from this time on. So what do you remember? J Uhm, I went up to my friend's house, that, he lived in uh Shippensburg at the time I went to school. And I went up there and was hanging out with them. And then uh a couple of people said that they were leaving to go to some frat house down on, whatever, I forget what the naive of the street is, uh Brighten Road, maybe something, I think that was it. They were going there for uh, uh party, so I decided to go down there with them. Went down there for awhile and didn't really have a good time, so I decided I was going to go back to my friend's house, but nobody else was leaving, so I figured I'd just go back by myself. So I remember leaving and it was raining and uh, when I got, I walked out of the place and I actually walked to the other side of the street, cause I had to go to the bathroom, then I got down and I was walking up the left side of the road and that's all pretty much I remember is starting to walk up the left side of the road and then it all `vent blank. 0 Okay, and do you recall the day? J What I did during the day? 0 No, do you recall the day, what day was it? J Oh just from people saying it was, all's I know it was a Saturday, but October 22nd or something. Oh no, it was a, it was, it was a Friday. Yeah it was a Friday and I was driving up cause I actually had my dad's truck because he was in Florida at the time and I had his pickup truck and I drove up there Friday night after work. And it was raining all the way up. 0 And what time of the day was it? J When the accident occurred? 0 Yes. J It was probably around one in the morning. 0 Okay. I want you to go back in terms of uh, when you, you said you were driving your uh, you dad's car, and what, what happened? J - Well ... 0 Pick it up from that period of time in terms of that evening going to the party. J Well I got done work. 0 What time was that? 4 J Around five o'clock. Got done, went home, packed my stuff up and got ready to leave. Uhm, I believe I ate something before I left and then I was driving up and I, I was going up uh the Turnpike and then I got off at Route 81 and it started raining and it was, it was dark at that point. It was raining pretty bad, so it took some extra time to get up there. Got up there and uh he had a couple of people over and we were hanging out and I remember a couple of people that I'd seen from high school and that's who ended up going to that other party. The people that I had known from high school and we were talking and I was hanging out with them and that's when we went to that other place. O All right, and uh do you recall who you were with? J At the uh, at the other party? O Yes. J Yeah. Uh the one kid was um Cameron Nutter, Amanda Feman uh Heather something, I don't remember what her last name was. And uh, there was another girl too; I don't remember what her name was. There was another guy, Andrew uh something, I can't remember. O Okay. And uh how long did you stay at that party? J Umm, I want to say maybe an hour. O And what did you do while you were there? J They were playing music and it was in the basement and we were dancing around for a little while and then we were standing around talking then got boring so I left. O Then what did you do? J That's when I started walking up the road. O Okay, do you remember what time it was when you left that party? J Nah, I didn't have a watch or anything on. O How long had you been at that party? J I, I would say probably at least a good. hour. I was there for a, for a while. O Okay. And how were you dressed that night/ J I had uh brown, uh khaki pants on, I guess. And uh grey sweater that my grand father gave me. 5 J Uh, they were brown uh Sketchers. O Was anyone with you when you left that party? J No. O Okay. And what direction did you walk? J Up, out the, the driveway of the place, down onto the road, and uh the road. I don't know if it was north or south. O Do you remember the address of the place or the house? J No. It was, there's like a group of like frat houses. O Okay. All right and what happened? J I remember going to the other side of the street and uh going to the bathroom, like I said. And then uh walking up the left side of the road and then that's it. Dark and rainy. O And what happened? J What, what I know from what I, I got hit by that car. O And what direction were you, were you walking? J When I started walking, the only part that I remember is I was walking up the road to go back to my friend's house. I don't, it was, I started on the left side but apparently according to everything that everybody said, I, I was on the right side when I got hit. O Okay and what is the name of that road? J Uh, Brighton Road, I believe, Britton. O And prior to coming to that party, did you have anything to eat? J Uhm, um that night I, I don't believe so. O And did you have any alcoholic beverages or anything like that? J Yeah, at my friend's house, I did. O And what did you have? 6 T T Went to civ, probably mayb.Q. four or five beers. O Did you say anything to anyone before you left the party? i The second party? O Yeah. i No. O Okay. And was anyone with you? i When I left the second one, no. O Did you see the car that hit you? i No, I mean I don't remember that whole part. O Okay. Did you, were you able to uh, see it prior to it hitting you? i Not that I... O Okay. Did it hit you from the front or back? i The front of the car, I know that from pictures but... O Okay. What were the weather conditions? i It was uh raining pretty hard. It was a little cold, dark. There was no streetlights. O Okay. And what was the next thing you remembered? i The next thing I remember is uh, being loaded in an ambulance on a stretcher from uh, I, I believe it was at some uhm Chamber, Chambersburg Hospital from there into the ambulance to go to the other hospital. O Do you remember saying anything or doing anything during that period of time? i I remember uh, every, the, the people were asking me, do I, if I knew what happened, if I knew what was going on and I, I remember, no I don't, didn't know. And they had said you got hit by a car. And I asked them if I was going to die, and they said no. And uh, that's pretty much it. O Now you said it was raining, how hard was it raining? i It was, it was pouring. 7 n THnw lnnc* had vnu been walkinP,on. that,street_from the time that you left that party? J To when I got hit? O Yes. J Uhm, I've taken the walk since then and it's, I, I would probably say five minutes. O Okay. Do you know the address of that house that you were walking from? J No. O Can you locate it now, do you know where it is? J Yeah. O Have you shown that house to uh, anyone? J Well my friends know where it's at, they were up there. O Okay. All right. Now you say you were walking from the house. I want you to describe exactly to me uh everything that you remember in terms of, you know when you left the house? J I remember deciding I was going to leave and I walked out. You kind of walk out of the basement and then you walk up these little bit of stairs. You come out and it's like a group of like five houses on this one street that's probably 50 feet long a street. Walking out, turning left out of the house, walking down the driveway and then walking across the street to the woods and then coming down. And the woods are probably just a little bank with woods on the side of it right there. O All right. J And then starting to walk up the left side of the road. O All right. Uh, did you notice anyone in the area? J There was people sitting like on the house, on the stairs when I was walking out, I remember that. There might have been some people out in the parking lot in front of the place. O Okay. And then you left the door, what, where did you go, describe exactly how you remember walking out? J I remember walking by a bunch of people, going up the stairs, walking out to the street, making a left, following the driveway down to the road. Walking across the road to the other side of the woods and then starting to walk up the road. 8 O Okay now, when you got to the driveway and you went into the, into the road, what type of a road is it? J It's a macadam road. O All right. Is it a, how wide is it? J Uhm., it's not real wide. It's a, it's a two way, it's a two lane road, one going up, one going down and uh, there's probably maybe ten inches, if that, and the widest part is on the other side of the white line on that road. O Okay. J There was no sidewalks. O So then when you got down to the end of the driveway, where did you walk on this road? J I walked up on, I walked to on the left side of the road. Started up the left side, walking towards, as traffic was coming towards you. O Okay. So the cars would have been coming toward you? J Um hum. O Okay. And uh, what were the traffic conditions at that time? J I, I don't, probably, there might have been one, maybe two cars that drove by. There was hardly any cars on the road. Most people up there walk. O And how frequently were those cars coming toward you? J I bet you, probably one drove by maybe when I had first started going up the road. Maybe one later down the road, I don't really remember, but... O Okay. And did you notice any cars going the opposite way, coming from behind you? Okay. Now as you're walking down that road, you, what happens after these one or two cars passed you? J I don't know. O All right, now prior to uh being... J I mean I don't even really remember cars, any cars driving by. But I know that's what the traffic conditions are usually like on that road. 9 _nkav. A.ll ri.ght And, that particular, that night do you recall uh seeing- apy. headlights at all, any cars that had, that passed you? J Uh, maybe like a glimpse. I mean, you have like that little bit that you remember like a light or something. But I mean, you know I, I really can't identify if that was a car or not. O Do you have a car? J Yea. O Uh, did you have that car that right? J No. O Okay. So then the direction that you were walking from that uh, from that area, you were walking toward or away from north or south of that party? J I would assume it would, it would be probably north. O Okay. J I mean it was away, it's kind of at the end of the street almost, I think. O And what happened after you uh, were in the ambulance? J I remember that one glimpse of, of being in the ambulance and then probably seeing my hospital err, my family in the hospital maybe a day later or something like that. O Okay. Did anyone ask you what happened, afterwards? J They asked. But I never really, I mean just from what people told me what happened that I got hit by a car is all I really know. O Okay. And uh, since that period of time, uh October 26th is it of last year? J No it was two years ago. O Okay and what year was it? J 2002, I want to believe, I think. O Okay. And what do you recall from that, since that period of time? J Pretty much all that I've told you. I don't really don't remember. O Okay. Did the police take a report? 10 J They did, but I didn't know that they did. O Okay. Did you later talk to the police? J Uh, yeah, at later points. O Okay. And when did you talk to them? J Probably when I was in court for the tickets. And that would have been January of that year, well the next year. It happened in October so the next January was when. That was the first time I ever talked to the cop. O Okay. And what, what did you tell the police at that time'? J Nothing. I was already in court for the tickets and they asked what I had remembered and what happened that night and... O Okay. Now when you say the tickets, what are you talking about? J Well I got uh, I got three citations, one for underage drinking. One for walking up a road intoxicated and uh, I was walking on the wrong side of the road, I think what the other was. O Okay. And uh, were you intoxicated that night? J Yeah, I had drink some. O Okay. What kind of beer did you have? J I don't even know. Probably, knowing them it was probably uh, Naturel, probably Naturel Light. O What brand? J That's it. Naturel Light. O Oh is that the brand? Okay. And do you recall now how many you had during that period of time? J Nah. I, I would assume probably four or five, I really don't remember. O Okay. In over what period of time? J Uh, I think I got up there around 8'clock, so it would probably be 8 until... O Okay. One second. II Tgr?P 1 -« ,Sirle R O Okay and what time was it? J It was probably 8, between uh S. 8 or 8:30 'til 11, 11:30. O And did you consume those beers during that... J Um hum. O Those four or five beers during that period of time? J Um hum. O Did you have anything to eat during that period of time? i Not that I recall. O Did you notice any car thereafter since this incident that would even resemble anything that struck you that night? J No. O Is there anything that uh was told to you later by anyone in reference to the car that may have struck you? J Yeah I mean, the one person that I knew that lived up there, he went and got actual photos of the car. So I've seen the damage afterwards and uh it was on the right side of the truck, it was a little Dodge Dakota. It was crumpled up on the right, the right side of the, the hood and fender and I heard, supposedly, that I went over the back, over the cab and, but I mean that's all stuff that people have. It's nothing that I have. O Okay. So was the car, was this car recovered? J Yeah. O Okay. And when was it recovered? J What do you mean, like the police recovered it? O Yes. J Oh, the police never recovered it. O They never recovered it? 12 T No. the,ti never even. it was_mv,fTiim 4_qnt pictures because it was sitting in the parking lot of a body shop to get fixed. O Okay. And who is your friend? J Uh, Kevin Crowley. O And tell me something about this vehicle that Kevin Crowley told you? J Well, from the pictures and stuff that I, I've seen and what he said, that all the damage, the, the right hood was all crumpled up from, like I guess, me landing on top of the hood and then there was damage on uh, it had a tonal cover on the back and there was a dent right behind the uh right side of the cab and part of the tonal cover was ripped up. I've heard that I went over and hit that and then there was, there was damage to the right front, uh light bezel, the headlight and uh turn signal. It was a red truck. O And did you ever see this? J From pie, just pictures. O Pictures. And when did you see the pictures? J I want to say, probably two weeks after the accident. O And where were you shown these pictures? J Uh, on my computer at home. O And how did Kevin know that this was the vehicle that struck you? J Uhm, I think from part of the police report my, my dad had found out and from kids at school talking around and my dad asked them to go and get pictures of it. O And did you later find out who owned this vehicle? J I, a name and I saw, I saw them one time in court, but...Bradley Roberts, I believe was his name. O And what were the circumstances surrounding Bradley Roberts and this truck? J Uhm well, he supposedly was at that same, that second party that I had went to, he was there and uh, he was supposedly drinking there. His girlfriend was with him, they had left the party shortly after I did and they were driving the road, going towards uhm, Queen Street, I believe it is the same direction I was going. And they hit me and when the, the uh cop came he just gave him a field sobri ety test and said he was fine and said that everything was my fault and he didn't get any citations and that was uh pretty much all I really know about him. I think the 13 -vehicle. the insurance on the vehicle was iab ! father's name,I, think he's from Erie. O Do you know who the police was? J The policeman was? Uhm, the last name was Hotharn, H o t h a m. O And did you talk to this police officer? J I, uh just in court. O Okay. When was, when were you in court? J Uhm, well I was in, it was probably the middle of January was the first one. And it got appealed and we went it was probably the second week in April. O Of what year? J Uh, 2003. O And who appealed it? J Uh, my lawyer, Hagner. O And what were you in court for? J Uhm, it was for the, the traffic violations that they'd written tickets for. O Uh, did you have a chance to speak to this uh individual, Bradley Roberts? J No. O Do you remember anything now in reference to uh that vehicle after you saw the pictures? J Uh nah, not really. O Do you remember seeing Bradley Roberts at the party? J No. I mean I, I really, cause it was somebody I never knew before and I couldn't even, I don't even know what his face looks like at this, now anyway. O All right. Do, do you know what he looks like now? J No. O Did you ever see him? 14 T Yeah.. when he was in court that time. O Only in court. J His girlfriend was with him too. O Were there ever any admissions on his part that he hit you? J Uh just he said that he hit me. O He did admit hitting you? J Um hum. They said that I came out of nowhere and I was walking on the wrong side of the road. O And did he say who was with him? J Yeah, his girlfriend. O And what is her name? J I, I don't recall her name. O Did she testify at the hearing? J Yes. O And what did she testify to? J Pretty much the same effect that he did. That I was walking on the wrong side of the road, they didn't see me 'til the last second and uh afterwards she said that she had held me while I was laying on the street. But that's, that's pretty much all I remember. O Okay. And do you remember her face prior to the hearing? J Not prior to. O How many people were at this party? J Oh, I don't, I don't even know. There were a lot there. I, I would guess probably 50, 50 or more. O And how old were you then? J I was 20. O And now you were issued tickets, how many tickets were you issued? 15 J Three. O And were those tickets settled? J Uhm, two of them got dropped but the one stayed. O Okay. And which one was that? J I, 1 believe it was the one that was uh walking down the road while intoxicated. O Okay. And what were the other two for? J Uhm, underage drinking and walking in the middle of the roadway or walking, I, I don't, I forget what the exact, walking down the wrong side of the road, something to that effect. O Um hum. Okay. All right is there anything else that you remember? J Not really, no. O Did, you said you drove to the party? J Uhm, not the, the second party. I drove to my friend's house. O Okay. But you didn't, you didn't, how did you get to the second party? J I walked with a group of people. O Okay and do you remember who the group of people were? J Yeah, they were the name that I gave you earlier. O Okay, all of them? J Yeah. O Okay. And uh, was there any reason why you didn't drive? J Well, we had been drinking. O Okay. Uh, is there any reason why nobody else walked with you when you left the party? J Well I just had decided to leave and I just left on my own. O How far did you have to go when you left? 16 T 1m O To get where you were going? J Maybe a mile. O And that destination was where? J It was, his house is on Queen Street, I don't know what the number is. O When you say his house, who's house? J Kevin. He didn't go. Him and uh, my other friend, Josh Bailey who were at his house, they didn't come to the other party with me. O Okay. Now the pictures that you, that Kevin showed you, uh did you ever see that vehicle afterwards? J No. O Did you ever see it before? J No. O You see the license number on that in the picture? J No. Just a red Dodge Dakota is pretty much all I remember. O And what year was that? J It was probably, I want to say like a '93, something like that, before they went to the newer body style. The old square front ends. O Are you familiar with cars and trucks? J Yeah, I'm a mechanic. O Okay. All right. Is there anything else you remember? What injuries did you sustain as a result of this? J I had three broken ribs on my right side. Uhm, a punctured lung and my liver was lacerated. O Did you require any hospitalization for a period of time? J Yeah, I was in the hospital for a week. O One week, at what hospital? 17 J O J O J O J O J O J O J O J O J O J O J O J York. Where is that located? In York Pennsylvania where exactly uh I don't know. Have you spoken to the individual that own the truck? No. Have you spoken to his girlfriend? No. And what was the outcome of the hearing? Well that, for the tickets, it was just they dropped the two and, and stuck the one. Okay. And were you able to use your hospitalization for your injuries? Hospitalization, pay the hospitalization? Oh I, yeah I had to pay the hospital. Okay. And did you have hospitalization? Yeah, through my uh health insurance. Okay. My, the automobile insurance paid part; then my health insurance paid some and then I had to pay some. Okay. And you were sent all those bills? Remember what they were? The totals? Yeah. Uh it was probably around forty thousand, forty or fifty. Was the uh operator of that vehicle charged with anything? Nope. Was he held responsible in any way? Nope. 18 O Okay. Has, have you received any contact from anyone who represents him? J No. O Okay. You remember anything else? J Not now. O All right. I'm going to take you back to that night, okay in terms of the conditions of the road and, and the rain and how you were walking and so forth. Uh, how were you walking? J From what I recall, well I know for a fact that at that second party I didn't drink anything. We were just hanging out there. And I was, I felt I was walking fine, I mean I was coherent; I knew what I was doing. I didn't, I believe they, the blood alcohol test said I was a.01. What was, what the limits now.08? O Um hum. J So I was .01 then. O Okay. J And uh, I, I was walking fine, I knew what I was doing, I was walking straight. I wasn't wandering around. I knew where I was going. O Um hum. J It was pouring rain; I don't remember the exact road conditions. But from what I was told from the people I had walked to the party with, they said that there was probably maybe a one and a half, two-foot stream of water running down through the road. O Um hum. J And uh, there were really no embankments on either side of the road, there's ten inches of macadam on the other side of the white line. O Do you know what drew Kevin to show you these pictures? J Well he showed me the pictures of the truck because my.dad asked him to take them and then I had seen them cause my dad showed them to me. O Okay. And how did, how did Kevin find this truck? J Just through people at school talking and he found it was at a local body shop up there. 19 O Okay, and you, you, the people that you mentioned before were walking with you? J Yes. O And how long did it take you to walk that mile? J Uh that walk uh I think, takes probably maybe 15 minutes, so it might even be under a mile. O Okay. And what was your, your uh condition for sobriety at that time? J I seemed pretty normal I thought. Uh I didn't, I wasn't swaying. I knew what I was doing, walking straight. O Okay. J Laughing, joking with my friends. O Okay. And what side of the road were you walking on? J At the, on Queen Street there's a sidewalk, so you can walk down the sidewalk. But then once you to uh Britton Road, I, I'm not sure. I believe, I think we were walking down the left side when we were going to the party. O Okay. Is that facing traffic or away from traffic? J Yeah, facing traffic. O And when you arrived at this second party, did everyone go into the party at the same time? J Yes. O And what time did you get to that second party? J Probably midnight. O Midnight, okay. All right, so J I mean, these are all guesses cause I don't know the exact time. O Okay, and what time did you leave there, as you remember, whatever you remember? J I want, I want to say probably around one. 21 n_ nkav, one, And bow long; was it between the time that you left that party, up until the time that you were struck? J Um, it was, judging by the walk, it's probably about five minutes. O Okay. So then that would've been approximately what time? J I'm uh say 1:05. O Okay. How do you feel you were walking at that time? J Fine. O And how do you feel in terms of your sobriety during that period of time? J Better than I was when I walked down. O Okay. And when were you given a test for sobriety? J Uhm, as far as I know, when I was in the ambulance I guess they gave me a blood test, I, I don't know. O Okay. Did you see the face of the person who owned the uh, the truck that you described? J The once in court. O Only in court. That second party, uh how many rooms were in this place? J Uh it was just one room in the basement. O One room. J It was just a big wide opened basement. O Okay. And uh do you remember any of the names of any of the people, other then the ones that you mentioned? J Just the people that I had walked, no. O Okay. How about the other people did you know them? J No. O And what kind of a party was it? J It was just like a music dance party, talk to people. 22 O Okay. And what time did tbat-n.armstart., o_-vou. know? i Nah, I have no idea probably around the time I got to my friend's Kevin house. O Okay. So then when you left that party you were in route to J At that place at some frat house. O To a frat house? J Yeah. O Okay. And whose suggestion was it to go to this frat house? J Uh, that girl Amanda. O Amanda. And who is Amanda? J She was one in the group that I walked to the party with. O Okay. And when you left that second party prior to being hit uh, did you have any discussion with anyone that you were going to meet them at another location or anything like that? J No. O Okay. Okay. All right. That brings us now to a period of time, that's what we refer in the Forensic Hypnosis Session as the pre-hypnosis interview, okay. Of all the information that was gathered thus far, in terms of those things that you remember. Is there anything else that you remember now that perhaps you didn't remember uh, October 26, 2002? J No. O Is there any information or new information that may have been developed during that period of time? J No. O Okay. Tape 2 - Side B O Okay, the time now is ten minutes after ten, 10:10 AM. We're going to move into another area now and this is the actual hypnosis induction session. And I want to explain some things to you before we, before we start that. Okay uh, hypnosis is a heighten state of concentration, okay, brought about through relaxation and concentration. And what I'm going to do is I'm going to be a guide to guide you 23 _..;.__........._ _t1?,?•,, t, th;s to help yoo to rearm that 1_evel -c).f.rel-a.xa.rann.anci dui _th_at z?,eri_?ci..of time, you're able to concentrate and you're about to focus on this particular incident. We're not going to talk about any, any other uh things in your life, we're only going to talk about this particular incident that occurred in terms of what you remember. And uh basically, we're going to go over the same things that you just went, that you just talked about. And when we use our subconscious mind and our conscious at the same time, basically there are pictures that we see.in all things that we do, in terms of what we remember. And what I'm going to be doing is I'm going to be asking you to describe those things that you see during that particular period of time of those things that you did remember as you focus in on them. And uh those things that are stored within the subconscious mind are objective things within our, within our mind in terms of things that unfold as they did happened. Whereas, the conscious mind in itself is very subjective in terms of scrutinizing and putting things in or out in terms of those things that we may be very conscious of during that period of time, either before or after the incident. So those things are stored within the subconscious mind are those things that I want you to be able to examine and be able to explain in reference to those things as you remember them. Okay, when you go through hypnosis, you can hear everything around you. It's not that you drop off into a sleep or anything like that, okay. You're able to hear everything and if you would open your eyes, you'll be able to see everything that's going on around you. So anything that you may have heard before you know in terms of hypnosis as being something mystical or some suspicious circumstances or whatever uh, I want to dispel those myths now in terms of that so that you understand and know just exactly how it works. Okay, what is your, when you think of a place of relaxation what do you think of? J Trying to think. O A place uh, could be uh, could be anywhere, and could be a place that you're been before. Could be a place that uh that you've been on vacation, or some place that you enjoyed at one particular period of time or another. Uh but a place that you when you think of relaxation that you think of this particular scenery or scene within your mind's eye. J I guess the trails in the uh, woods behind my old house. O Okay. All right. Now we're going to use that as a focal point in terms of bringing about that period of relaxation. And the theory of that is this, is that anytime we think of something that is relaxing to us, it automatically triggers a physiological reaction throughout our entire body in terms our physiological responses to those things that help us to relax. When we think of something relaxing, physiologically it automatically happens. Uh, the same if we were to use it in a different sense. To explain it in a perhaps maybe a negative way, if someone was to yell fire in a building, automatically you feel those physiological responses in terms of the adrenalin flowing and so forth, in terms of, of uh of the body reacting to that information. So that's exactly how uh the relaxation imagery that you will have 24 vou.durir.- „ring that xiPrin_ci of timP,tot_t?n??:.ino. a state ?f relaxation,wll.help that period of time. Okay, I'm going to use a counting procedure. I'm going to use for various things I'm going to ask you to focus on during that period of time. And then we're going to go into the actual incident itself and follow through in terms of what you, what you remember, and uh what you recall and what you see and what you uh able to reconstruct within your mind as to what happened during that particular period of time. Okay? All right, uh... J Can I use the bathroom before we do that? O Sure. Okay, it's right down the end of the hall, just open the door there and the uh, it's the 3"d door down, you'll see it on the right-hand side. J All right. O You can leave that open. You can leave that open. Okay, the time is 10:18 AM. Okay, time now is 10:20 AM and we're continuing the uh Forensic Hypnosis Session. Okay. You can push that chair back. It'll just push back, that's good right there. All right, you comfortable? Okay now, whenever you're practicing on your own or whatever, you want to make sure that your hands are straight down, like on your thighs, that's it, and that your body is in a straight motion, and that's so you're not cutting off circulation of any portions and parts of your body. And you can push that back even further if you want. J No, this is fine. O Okay. Okay. And uh, I'm going to use a counting procedure and I'm going to guide you through this so that if you, if you were to practice this on your own, uh, you would be able to go into a state of relaxation on your, on your own if you were to continue to practice this. So this is something that you can take, take uh with you and you'll you know, you can use it uh, uh stressful situations and so forth, you can even guide you through it. J Oh wow. O Okay. All right. What I want you to do, I want you to just uh focus your eyes in an upward fashion like you're looking towards your uh eyebrows or your forehead. J Like that? O Yep, as far up as you possible can. That's correct. Okay now I'm going to count from one to five, when I reach the count of five you'll just close your eyes. One, two, three eyes are blinking now, four and five, close your eyes. Okay, your eyes are closed now and I'm going to count back from twenty to one. And as I count back from twenty to one, you'll go into a deeper state of relaxation as you're visualizing your favorite place of relaxation in your mind. And you mentioned 25 - ,. - that those nla.ces of relaxation,wwe? ts. tas.ir? the wood^ ?nc you can _ visualize those trails in the woods, as you're relaxing at this present time. Twenty, going deeper and deeper into a state of relaxation relaxing even more and more now. Nineteen, going deeper and deeper into a state of relaxation as you're visualizing that trail or trails in the woods, very peaceful, very quiet. Eighteen, going deeper and deeper into a state of relaxation, continue to relax even more and more now. Seventeen, sixteen, relaxing even more and more now. With each and every count as I continue to countdown now, you'll go into a deeper state of relaxation. Fifteen, going deeper and deeper into a state of relaxation, relaxing even more and more now, even visualize your favorite color whichever that favorite color is it'll take you into a deeper state of relaxation. Fifteen continue to relax even more and more now. Fourteen, going deeper into a state of relaxation relaxing even more and more now. Fourteen, continue to relax even more and more now, you feel that relaxation spreading throughout your body. All the little muscles of the eyelids are totally relaxed now totally relaxed. And you can relax all portions and parts of your body as I mention those portions and parts of your body to you, you'll be able to relax them just as you're relaxing all those little muscles of the eyelids, totally and completely relaxed now. Thirteen, going deeper and deeper into a state of relaxation, you feel that relaxation now spreading throughout your facial muscles, all the muscles of the face are totally relaxed now, particular the jaw and the cheeks of the face, totally relaxed now. And you feel that relaxation now spreading up through your forehead; all the muscles of the forehead are totally relaxed now, totally relaxed. And you feel that relaxation now going to the back of the neck where it sometimes may get tensed, it's totally and completely relaxed now. Going deeper and deeper into a state of relaxation. Twelve, going deeper and deeper into a state of relaxation. Feeling that relaxation now spreading down throughout your back muscles. All the muscles of the back are totally relaxed now totally relaxed. You feel that relaxation now spreading up through your back and through the shoulder muscles; all the muscles of the shoulders are totally relaxed now. Eleven, going deeper and deeper into a state of relaxation, relaxing even more and more now; you feel that relaxation now spreading throughout your chest muscles. All the muscles of the chest are totally relaxed now totally relaxed. Ten, going deeper and deeper into a state of relaxation relaxing even more and more now. Feel that relaxation now spreading down through your arms; all the muscles of the arms are totally relaxed now. And you feel that relaxation flowing down through your forearms, and you hands, backs of the hands, palms of the hands and that relaxation now is spreading throughout your entire body. And you feel that relaxation now spreading back up through your chest muscles and all the muscles of the chest and all the organs of the chest are totally relaxed. Nine, going deeper and deeper into a state of relaxation relaxing even more and more now. You feel that relaxation now spreading down through your stomach muscles; all the muscles of the stomach are totally relaxed now all the organs of the stomach are totally relaxed now. 26 ___ F,?aht going.deener and..deeni,rjnto._a.,state., of relaxation; that relaxation is spreading down through your hips and all the muscles of the hips are totally relaxed now totally relaxed. And you feel that relaxation now spreading down through your thighs. Seven, going deeper and deeper into a state of relaxation; and that relaxation now is spreading down through your knees and the calves of your legs. Six, continue to relax even more and more now; with each and every count now as I continue to count down, you'll go into a deeper state of relaxation. Five, relaxing even more and more now; relaxing all those muscles of the calves of the legs and the ankles. Four, going deeper and deeper into a state of relaxation, relaxing your ankle muscles and also your feet, arches of your feet, heels of your feet, your toes. Three, continue to relax even more and more now. And that relaxation now is spreading throughout your entire body and your breathing is very easy now, which is a good sign it shows that you're relaxing even more and more now. Two, one. And as I continue to count back now, I'll count back from ten to one and as I count back from ten to one, you'll go into a deeper state of relaxation even more so than you are at this present time. Ten, going deeper and deeper into a state of relaxation; visualizing your favorite place of relaxation, I want you to just take a deep breath now, inhale and exhale slowly feeling the tiredness going out of your entire body. And with each and every breath that you take now you'll going into a deeper state of relaxation. Nine, relaxing even more and more now. Eight, you're feeling that relaxation throughout your entire body; and you can just feel a slight heaviness in your body, a slight warm sensation, a slight tingling sensation, a very comfortable sensation that you feel throughout your entire body. As you're in what we refer to progressive relaxation, which is a heighten state of concentration, where you're able to focus in and to focus in on those things that are stored within your subconscious mind. Seven, going deeper and deeper into a state of relaxation relaxing even more and more now. Six, continue to relax even more and more now. I just want you to visualize within your mind now, remaining very calm and very relaxed as you visualize those events and things that occurred during that October 26, 2002 period of time. Seeing yourself prior to that evening at work and those things that you did at that first party and people that you were with at that first party and all the incidents and things that occurred throughout that evening. And you'll be able to visualize those things within your mind just as you're doing at this time as I continue to count down. Six, continue to relax focusing in on that particular day, October the 26th. Five, going deeper and deeper into a state of relaxation, relaxing even more and more now and you can just visualize those things that occurred. Four, going deeper and deeper into a state of relaxation relaxing even more and more now. Three, continue to relax even more..and more now. Two, going deeper and deeper into a state of relaxation recalling and remembering everything, remembering everything, forgetting nothing as you maintain a very comfortable and relaxed feeling at this time, being able to review those things. Continue to relax even more and more now. Two, one. And in this state of relaxation you're continuing to review those things that did happen and regardless of what it was that you observed or what it is you're reviewing you'll be able to maintain a very 27 jw ncose-thir,., it';s.ust.as if voi were _.,..._ - comfortable state of mind. Mt.a21 rev looking at them occurring at that particular time, recording everything, remembering everything, forgetting nothing as you're visualizing everything. And I'm going to continue to count down from ten to one and as I do so, you'll continue to review those things in your mind and if you have to go over something a second time to get a better clarification of what it is you're observing or seeing at that time, you'll be able to do it without any difficulty at all. Ten, deeper and deeper into a state of relaxation, remembering everything forgetting nothing. Nine, going deeper and deeper into a state of relaxation as you're visualizing those things that occurred on October 26, 2002. Nine, continue to relax even more and more now. Eight, remembering everything as you focus in on that particular date and time; eight, going deeper and deeper into a state of relaxation. Seven, remembering everything. Six, continue to relax even more and more now. You're reviewing everything that did occur. Five, continue to relax even more and more now. Four, three, two, one. Now that you had an opportunity to review those things within your mind, I'm going to ask you to talk about those things. I want you to tell me just exactly what it is that you're able to focus in on concerning October 26, 2002, what you remember and recall about that date. J Remember going to Kevin's house, talking to different people and... 0 What time is it? J Quarter to nine, maybe. 0 And who's there? J Kevin, Josh, Cameron, Andrew; Amanda and Heather, a couple of his roommates. A bunch of people I don't know. 0 And what're you doing there? J He had a Beer Pong table downstairs, we were playing Beer Pong. 0 And what is Beer Pong? J Throw ping-pong balls in the cups that are filled with like uh 8 glasses of beer. You hit the glasses of beer and then you, if you land in it, then the other person has to drink it. 0 And what did you have to drink there? J Beer that was in a keg. How many beers did you have? 28 J Uh, maybe five. I remember Josh complaining cause he had to, he had to pay for a cup and I got a cup free, I didn't have to pay. O Then what happened? J We went upstairs, we were hanging out upstairs for a little bit. O And then what did you do? J Those girls and Amanda and Heather and those two guys Cameron and Andrew were talking bout going to that other party. They asked me if I wanted to go and Kevin and Josh didn't want to go, so I wasn't going to go, but they convinced me to go so I decided to go. O And where was the other party? J A frat house, I think it was called Lamb d Ki. O How long were you at this party? J Like an hour. O Okay, after that hour where did you go? J I walked back to Kevin's. O Okay I want to, you focus in on that other party, who was there? J The people that I mentioned and a lot of people I didn't know. O I want you to look around that room there at those faces, did you ever see any of those faces before or after the party? J No. O And during that hour, what did you do? J Danced with Amanda and her friend Heather for a little bit. Stood around talked to uh, talked to them for a little while. Then they met some people that they knew and were hanging out with them. O Then what did you do? J I decided to leave. O Why did you leave? r 29 - T T get hored.. -figured I'd go hack. to.K.evin."s.. They were hanging out with people I didn't know. O So, then what did you do? J Walked out of the party and walked down the driveway to the street. O How were you dressed? J Tan pants, brown Sketchers, dark sweater. O What were the weather conditions? J It was raining, heavy. O Anything to protect you from the rain? J No. O Okay. I want you to see yourself walking out of there. How were you walking? J Like I usually do. Tape 3 - Side B O You say you were walking as you usually do, how do you mean? J Same way I, I always walk everyday. O How did you feel? J Felt all right. O Was there anyone around you when you were walking? J Yeah, there was people sitting on the steps. O Who were they? J Just college kids I didn't know. O What direction did you walk? J Made a left out of the place in their driveway and then followed that down to the street and went in the woods then started walking up the, road to the right. O When you said you went to the woods, what do you mean? 30 T-_ .. T hqd to take a, nee. O Then what did you do? J Started walking up the left side of the road back towards Kevin's house. O You notice any, anything at all as you're walking? J It was just raining real bad, my feet were soaked. O Then what happened? J I don't know. O How long are you walking now? J I just remember walking like ten feet up the street. O What happened after you got ten feet up the street? J I don't know, my mind goes blank. O Prior to your mind going blank, do you see any traffic or anything? J Not that I really can think of. O As you're walking, did any vehicles pass you? J I think I sort of remember one passing me that I kind of walked off the bank a little bit as it went by. O Is it coming toward you or away from you? J Coming toward me. O What do you notice about that vehicle? J Nothing really. O Is, what kind of a vehicle is it? J Car. O You see a color? J No. Grey, maybe. O And how much farther are you walking after that car passes you? 31 J Don't really remember. 0 How far did you get from the house? J I don't know. 0 All right, what was the next thing that you were able to see? J Lights inside of the ambulance. 0 Are you in any pain? J No. 0 Do you remember any conversations or seeing anything during that period of time? J Just the Paramedics asking if I knew what happened. 0 What did you ask? J Asked him if I was going to be all right, if I was going to die and they said you'd be fine. 0 Did you notice the police there? J Nah. 0 Then what happened to you? J Took me to Chambersburg. 0 And what occurred? J I remember getting loaded into another ambulance to go to another hospital. 0 What's your condition then, if you know? J It's tough to breathe. 0 Then what happened? J Long ambulance ride. 0 And how long were you in the hospital? J I was in York for a week. 32 C)_ Did an Ihinp hannPn durinp...that week in reference to what happened to you? i No. O How about after you got out of the hospital? J No, I was just dealing with things, I really don't remember, it was like a lot of pain. O When you got out of the hospital, did you later learn what happened to you? i No. I was told that pretty much all in the hospital. O And did you later learn who was responsible for? J Yeah, after I got out of the hospital. O And when was that? i Um the week I came home, probably. O And what did you learn? J The kid's name. I saw pictures of the truck. O And who was the kid? i Bradley Roberts. O And how did you learn that? J Uh, my dad uh got it from the cop. O And how did you see the pictures? i Kevin took the pictures, gave them to my dad. O And did, did you see the pictures? J Yeah. O Where? i At home on my computer. O And did you remember anything as a result of seeing those pictures? 33 - _ - T O J O J O J O J O J O J O J O J O J O J O T rP1nPmber wondering how they,could say I,was walking.an the right side of the road if I got hit the right side of the truck and I had broken ribs on the right side of my body. I want you to think back now, what side of the road were you walking on? I was starting to go up the left side with traffic coming towards me. And what side of the road were you walking on when that car passed you? On the left side. I want you to look at that car, take a good look at it. Describe as much as you possibly can about that car that passed you before you were hit? Square-head lights, I guess it look like a coupe, two-door. Color was it? Uh, maybe grey. What color? Grey. Grey, light or dark? Light. And when you're looking at that car, what is the first thing you see? Headlights. So in order for you to see those headlights, what side of the road would you have to be walking on? The left. What speed is that car going? Maybe 25. You notice anything about the occupants of that car? No. Do you see them? 34 T Mavbe iust.inlaves. O How many people are in that car? J Two, maybe three. O Okay I want you to gauge the amount of time now between the time you saw this car and the time that you're struck, how much time was it? J Don't know, probably two minutes, three minutes. O After that car passed you, do you recall seeing anything? J No. O Do you remember anything about that vehicle that did hit you that night, how about the impact? J No. I can see like pictures but I don't know if it's just because I'm trying to concentrate so hard or... O All right. What are those pictures? Just relax and focus in on those pictures and just explain what they, what you see? J Laying on the ground and seeing taillights. O Okay. I want you to look at those pictures now. Just rely on your mind in terms of what you see and just explain what you see? J I kind of remember seeing like walking on, it's almost like I'm on the right side of the road and I can see headlights coming around the turn of the bush, coming around, there's a bush on the turn and you can see them coming around the turn. O Where is that bush? J On the right side of the road. O And where are you in reference to when you see that bush and on the right side of the road? J I was on the right side of the road walking with traffic, it would be. O So you're walking with traffic. Now when you're on the ground and you see those taillights, what taillights are they? J Rectangle, like a pick-up truck regular taillights. O I want you to focus in on that now, take a good look at it, where is it located? 35 J The right side of the road kind of at a diagonal. The right front, like the, the front of the truck is kind of on an angle towards the right. O Now would you be on the same side of the road as when you passed that first, when the car first passed you or are you on the opposite side of the road? J Opposite side. O Opposite side. And when do you recall being or going over onto the opposite side of the road were you on the right? J I don't know. O Just focus in on that now, you retrace your steps. As you retrace your steps what do you, what do you see? J Kind of see like I can't decide if I'm standing on a bank looking side to side or then I started to cross the road going on a diagonal or... O As you see yourself view that bank or crossing the road, how soon or after, before or after the impact? J Almost seem like it's right before the impact. O Okay. I want you to just focus in on that now and take a look at those taillights. What kind of a, what kind of a vehicle is it? J It, it's look like a pick-up truck. O Can you see the color? J Red, I guess. Looks like an ambulance is in front of it, the lights flashing. O I want you to look back to that area where you were on the bank and just as you said you were crossing the .road, go over that one more time in terms of what you were doing there. You were walking down on the left, then what happened? J I remember walking through a lot of water and my feet being soaked. O Then what did you do? J I went cross, I think across the road cause there was less water maybe. O And then what happened? J It's like I looked to my right and there's a car there. 36 And xxrhi.rh wav is.the car comirag? J Towards me, going the same, like I'd be going up the road, it'd be going the same direction. O Were you in the middle of the road, halfway across the road, beginning to cross the road, where were you when you saw that vehicle? J I would say a little more than halfway across the right lane. O What were you thinking as soon as you saw that? J Oh my God. a Tape 3 - Side A O And then what did you do, what was the next thing that you observed that was going through your mind at that time? J Putting my arms up, maybe. O Then what happened? J Got hit. O I want you to look right at that truck just before the impact now, just before the impact and just put it in slow motion in your own mind now and look right at that vehicle. Can you see the, can you see the front of the vehicle? J Yeah. O And what do you see? J Two headlights, outline of like a red hood, I guess. A little bit of the left side or the right side of the car. O What kind, what kind of vehicle is it? J Pick-up truck. O Do you see anything inside of the windshield? J Almost looks like there's two people and the, the driver has a hat on. O Could you see anything else? J No. Almost look like they're looking at each other. 37 (l T'hnn Av?int hnnnened? ...,R _. .,. .,,, J I got hit. O As you're being hit, what, what do you, what do you remember about that, what do you notice about that? J I kind of went in like maybe five inches below my right armpit. My arms went on the hood and I rolled over and my back hit the windshield, then I kind of rolled off the side with the mirror. O What, what do you notice next? J Hitting the ground. O You notice where you are when you hit the ground? Just take a look at that, where are you? J Like a pot of rushing water. It's almost like there's a driveway like entrance. Probably like ten feet up from where I'm laying, up towards Queen Street. O And what side of the road are you on? J The right side. O And then what did you notice? J People standing around me; coughing. O How about the people in the truck or the truck itself, do you notice anything about that? J I think they came running back. The boy was on the phone, talking on the cell phone, calling the cops maybe, and she was seeing if I was all right. O Do you remember any of the conversation? J It seems like she said are you all right and I was coughing, said I couldn't breathe and I was breathing heavy and kind of wheezing. O Anything else? J I see like a couple of people around me, like maybe four. O Do you recall anything else? J Being rolled to one side, having a neck brace on. Being loaded on one of those hard plastic stretcher things that they pick you up to put you on a stretcher. 38 O And who, who were those four people around you, do you notice who they were? J No. O I want you to go back now to when you're walking, retrace your steps now, you're walking on that left hand side of the street and that one car passes you and I want you to pick it up from there. Where did you, what did you see with that car and then what did you do? J Just stand, moved back up on the bank a little bit and then came back down and start, kept continue to walk and then, it's almost like I crossed the street once before too, then crossed back over, went around that turn, then another car came by and as soon as that car came by then I started to cross the street to the right side, and that's when I see the headlights of that truck. O Okay. So then there were two cars that you passed, is that correct? Okay tell me about that second car that passed you? J It was more light around it, it's almost like it's a light brown Honda Civic, 4-door, '97, looks like. O And how soon did that car approach after that first car that passed you? J Awhile. It was like after that turn. I had walked up the street maybe five, six feet, the first car passed, walked up a bit further, around that turn that's when it looks like the other car comes. O Do you notice anyone in that second car? J I see two people. O And were those headlights toward you or away from you? J Coming toward me. O And how soon did you, how soon was it that you crossed the street after that second car passed you? J As soon as it went by me I started crossing. O And then what happened? J As I was going to the other side of the street, that looks like when the truck came. O And what happened, what do you see? 39 T He came around the turn fast and I looked.over and they didn't hit the brakes 'til late, it seems like, like right like as they hit me. O And then what do you see? J Just going over the hood and rolling off the windshield into the water. But it's almost like it's not really raining anymore. O Okay. After you hit the ground ... J But maybe when I came out of that fiat house, it wasn't really raining. O Okay. J I think as I got up the road it started to pick up. But when I'm laying in the street it doesn't seem like it's really raining. O Okay. How do you feel as you're going across that street? Do you feel ... how do you feel? J Fine. O Did you say anything to anyone as you were on the ground? J People were asking my name, I didn't know what my, I said I didn't know. I might've said, Jason I think. O Do you recall anything else occurring? Now that you're able to view that and view those scenes and to see yourself there, what side of the road would you say that you were walking on when you were hit or prior to? J It seems like I was trying to cross the street. O Okay. From, from where? J The left side to the right side. O Okay. I want you to describe that truck as you described it when you were there at the scene. You notice anything else about that truck, this pick-up truck. J I think a chrome bumper and a new style license plate. O What kind of a new style license plate was it? J White, blue and yellow. O Can you read it? 40 T TVn O How far away from the license plate are you? J Twenty feet, maybe. I think it's got a sliding rear window too. O And the color of the truck? J Red. O Is there anything else that you remember about that accident now that you're able to recall and review it? J Not really. O Okay, I want you to just sit there and relax. And I want you to just review those things within your mind now in terms of those things that we did cover. And just review those, I'm going to get another tape, just review them. Just continue to review those things within your mind. Examine all those things that you were doing prior to, and during, and after. Tape 4 - Side A O I want you to just focus in now. Is there anything else that you're able to recall now that perhaps maybe we didn't talk about before? J No. O So are you pretty certain now in terms of those facts, in terms of how things happened during the course of that accident, is there anything that perhaps you might now be sure of? J I don't know, they just, they're just images that pop into my head. O What are those images? J The, the ones that we've been discussing. O Okay. And in terms of the side of the road that you were on and how you crossed the road and so forth and is that all clear in your mind pretty much so now? J .-Yeah. I try to think of other ways that it might've happened but it just seems like that was it. O Okay. Were you able to discuss anything such as what happened uh, what you discussed with me today, did, was that ever discussed with anyone before? J No. 41 O Okay. So this is the first time that you're able to recall those things that, that happened9 i Um hum. O Of those five beers, did you have any other beers that night, later on? i No. O Okay. And over what period of time did you have those beers would you say? i I would say, eight-thirty to eleven-thirty maybe. O Okay. And did you notice any witnesses to this accident at all? i No. O Did any other cars stop to your knowledge? J No. O Is there anything else that you want to describe or talk about in reference to this incident that we have not discussed? i No. O All right, I want you to just relax now the time now is 11:35; at this time I'm going to count from one to five and when I reach the count of five, you'll be totally awake, totally alert. And you'll be able to recall and remember everything that we discussed here today without any difficulty at all. And should you remember any other details that perhaps we did not, that you may not have remember today, they will become ever more clearer in your mind as you reconstruct those events that you remember and that you described here today. And should we have to go through a second session, you'll be able to go into that state of relaxation without any difficulty at all, remembering everything, forgetting nothing in reference to this incident. And now I'm going to count from one to five, you'll be totally awake, totally alert, feeling very good about yourself and feeling very energetic. One, becoming more alert and more awake. Two, breathing is very normal now. Body is feeling very comfortable, relaxed. Two, continue to be more alert and more awake. Three and four, eyes are beginning to open now, and five, awake, alert, feeling very good about yourself and remembering everything that we discussed. Okay. How do you feel? i Pretty good. 42 , O Okav. All right. The time now is 11:37 AM. Okay. All right, you discussed those things in reference to, in reference to what, you know, what occurred that date. Uh, do you recall the date, the time? J October 22, 23. O Well whatever you recall. J It was one of those two. O Okay. All right and uh, in terms of what occurred; uh you know, do you, I want you to tell me now what do you, in terms of that second party, when you were at that second party, then what happened, now that you recall it. J We were dancing around and talking and they went and were talking to some people I didn't know, I got bored so I decided to leave. I didn't tell anyone that I was leaving I just left. O Um hum. J Remember people being outside like around the stairs where you go to get out, walking down the driveway, going across the street to take a pee in the, in the woods. O Um hum, right. J And walking up the road, seeing a car drive by and backing up into the bank when it drove by, kept walking, it was wet. My feet were soaked. O Which side of the road are you on now? J The left. O Okay. I J Then uh, I kept going up the road then like uh that, there's a little turn. Then after I went around the turn... O Um hum. J I started to cross over to get to the other side cause there was less water, and that's when that guy hit me. O Okay. You remember that second car you mentioned? J Yeah that was coming down after the turn. 43 n ()kf ??Tn?? that was ?xThen was that second car, was that before the incident occurred? J The way it seems that, I, it seems like I remember standing on the side of the road and it driving by me and then crossing. O Okay. And then as you're crossing the road, what, what happened? i When I crossed the road and I got halfway through the right lane, that's when the truck came around the corner. O Okay. J And hit me. O And that, which side of the road was that on? i It was on the right side. O It was on the right side. Now were, how far on the right were you? i Probably a little farther than half. Half way through the right lane. O Okay. And uh, then, then what happened as you remember? i Bracing myself to get hit. O All right. i And then getting hit rolling up on the windshield and off the side. O And then, then where9 i Laying on the ground, seeing taillights and ambulance in front of it, getting loading on a stretcher, put in the back of the ambulance. O Okay. Is there anything that you don't, that you don't remember now? I mean do you pretty much remember it? i Most of it, yeah. O Okay. All right. i Still, I mean like it seems like you remember these things but it's like O Uh huh. i It's weird. 44 Y '1 } O Okay. All right. Okay now like I said, those pictures, you know like, you know in everything we do in life they're pictures in our mind. An example would be if you were at a birthday party and somebody gave you some gifts and things like that, and you did certain things at that particular birthday party, there are pictures in your mind that are, that are everlasting when you remember them. And this is just to give that type of example, this is the same type of situation where there are pictures in your mind in terms of those things that did occur and those things that happened and basically what you're doing, you're going back to that particular period time and you're relating everything that you observed during that period of time. That's exactly what you, what you did today. Okay? All right, the time now is uh 11 uh 45. Okay, is there any, anything that uh you want to ask of me any questions or anything, you have any questions at all? J Not really. 0 Okay. All right, this will conclude the hypnosis session. It is now 11:45, okay. E,?hi6;t- C i 1 w. 1992 WL 563417 1992 WL 563417, 17 Pa. D. & CAth 137 (Cite as: 1992 WL 563417) C Rothstein v. IBM Corp. Pa.Com.Pl. 1992. Court of Common Pleas of Pennsylvania, Cumberland County. Rothstein V. IBM Corp. No. 1206 Civil 1991. August 27, 1992 *1 **137 Motion in limine. West Headnotes Evidence 157 X266 157 Evidence 157VIII Declarations 157VIII(A) Nature, Form, and Incidents in General 157k266 k. Nature and Grounds for Admission in General. Most Cited Cases Hypnotically induced testimony is inadmissible in a civil action since the process of refreshing recollection by hypnosis has not gained sufficient acceptance in its field as a means of accurately restoring forgotten or repressed memory. Eric J. Wiener, for plaintiffs. Robert A. Lerman, for defendants. BAYLEY, J. This civil action arises out of an automobile accident that occurred on October 18, 1989, in East Pennsboro Township, Cumberland County. In her complaint, plaintiff, Beth L.A. Rothstein, alleges: (1) she was operating a vehicle at the intersection of Valley Street and Route 11; (2) after stopping at a stop sign controlling traffic on Valley Street, she proceeded into the intersection intending to make a left-hand turn northbound; (3) defendant, Thomas A. Boughter Sr., was operating a vehicle owned by Page 2 of 4 Page 1 defendant IBM Corp., southbound **138 on Route 11; and (4) Boughter negligently collided with her vehicle. Robert R. Saylor testified in a deposition, that Beth Rothstein contacted him on March 20, 1990.FN1 She told him she had been involved in a car accident in October of 1989, and had no recollection of the accident.FNZ She inquired if hypnosis could help her recall what happened. Mr. Saylor told her there was a possibility that hypnosis could be helpful. He hypnotized her on August 15, 1990. Before being placed under hypnosis, she again told him that she had no recollection of how the accident occurred on October 18, 1989. FN3 Following hypnosis, plaintiff maintains she remembers how the accident occurred. FN1. Mr. Saylor earned a bachelor's degree in 1949, and a master's degree in psychology from Penn State University in 1952. He earned a master's degree in social work from the University of Pennsylvania in 1954. He has been trained in hypnosis and conducts a private practice in investigative and therapeutic hypnosis. He has lectured and published in the field. He also practices clinical social work and is a part-time faculty member at the Harrisburg Area Community College, teaching introduction to sociology and marriage and the family. FN2. On February 22, 1990, while testifying at a summary proceeding on a traffic citation issued to Thomas A. Boughter Sr., arising from this accident, plaintiff stated her last recollection before the accident on October 18, 1989, was being at her sister's home. She had no memory between that time and her awaking at a hospital after the accident. © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&destination=atp&sv=Split&... 06/13/07 . 1 1992 WL 563417 1992 WL 563417, 17 Pa. D. & CAth 137 (Cite as: 1992 WL 563417) FN3. In a deposition taken on February 12, 1992, plaintiff confirmed that prior to her hypnotic session with Robert Saylor, she had no recollection as to how the accident occurred. Defendants have filed a motion in limine to preclude the introduction of the hypnotically induced recollections of plaintiff. In Commonwealth v. Nazarovitch, 496 Pa. 97, 436 A.2d 170 (1981), a criminal case, the Supreme **139 Court of Pennsylvania held that hypnotically refreshed testimony was inadmissible, stating: *2 "The probative worth of the hypnotically-adduced evidence cannot overcome the serious and fundamental handicaps inherent therein.... We do not believe that the process of refreshing recollection by hypnosis has gained sufficient acceptance in its field as a means of accurately restoring forgotten or repressed memory." FN4 FN4. See generally, Frye v. United States, 293 F. 1013 (1923). The test in Frye is applicable in Pennsylvania in detennining admissibility of scientific evidence. Commonwealth v. Topa, 471 Pa. 223, 369 A.2d 1277 (1977). In Commonwealth v. Smoyer, 505 Pa. 83, 476 A.2d 1304 (1984), another criminal case, the Supreme Court held "that testimony adduced by hypnotism is inadmissible as evidence," because "it cannot be relied upon to produce evidence untainted by untraceable factors."FNS The Superior Court has followed Nazarovitch and Smoyer in the criminal case of Commonwealth v. Reed, 400 Pa. Super. 207, 583 A.2d 459 (1990). Notwithstanding, plaintiff asks us to follow the holding of the U.S. Court of Appeals in the 8th Circuit in the civil case of Sprynczynapyk v. General Motors Corp., 771 F.2d 1112 (1985). In Sprynczynapyk, applying the guidelines set forth in State v. Hurd, 86 N.J. 525 (1981), the Court of Appeals adopted a rule for district courts in the 8th Circuit. It requires in cases in which a proposed witness was hypnotized, that the district court must conduct a pretrial **140 Page 3 of 4 Page 2 hearing on the type of hypnotic procedures used and assess the effect of hypnosis on the reliability of the testimony before making a decision on admissibility. FN6 FN5. In Nazarovitch, the Supreme Court noted it did "not want to establish a per se role of admissibility at this time...." In Smoyer, the Supreme Court awarded a new trial on the basis that hypnotically induced testimony had been wrongly admitted into evidence by the trial judge. FN6. In Commonwealth v. Nazarovitch, supra, the Supreme Court of Pennsylvania noted the Hurd guidelines in New Jersey. The only difference in the case sub judice from the appellate authority on this issue in Pennsylvania, is that this is a civil rather than a criminal case. Since the Supreme Court in Commonwealth v. Smoyer, supra, held that "testimony adduced by hypnotism is inadmissible as evidence," this difference is of no legal significance. Commonwealth v. Reed, supra. We are bound by the holding in Smoyer and not free to consider the merits of Sprynczynapyk. Therefore, the following order is entered.FN7 FN7. As to any proposed testimony of Beth Rothstein that is not hypnotically induced, the Supreme Court in Smoyer provides: "Whenever a person previously hypnotized is offered as a witness, the offering party must ... show that the testimony to be presented was established and existed previous to any hypnotic process; that the person conducting the hypnotic session must be trained in the process and is neutral of any connection with the issue or the parties; and, the trial judge shall instruct the jury that the testimony of a witness previously hypnotized should be carefully scrutinized and received with caution." (citation omitted) ORDER OF COURT *3 And now, August 27, 1992, defendants' motion © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&destination=atp&sv=Split&... 06/13/07 •, 1992 WL 563417 1992 WL 563417, 17 Pa. D. & CAth 137 (Cite as: 1992 WL 563417) in limine, is granted. Plaintiffs are precluded from introducing at trial any testimony of Beth L.A. Rothstein induced by hypnotism. Pa.Com.Pl. 1992. Rothstein v. IBM Corp. 1992 WL 563417, 17 Pa. D. & CAth 137 END OF DOCUMENT © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 4 of 4 Page 3 http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&destination=atp&sv=Split&... 06/13/07 ?., .. 5?...?i ke --- --i ? l.« JASON A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants : No. 04-5319 CIVIL TERM IN RE: PLAINTIFF'S MOTION IN LIMINE - PRECLUSION OF ANY EVIDENCE THAT PLAINTIFF WAS INTOXICATED AT THE TIME OF THE ACCIDENT, INCLUDING, TESTIMONY OF DEFENDANT'S TOXICOLOGIST, EDWARD J. BARBIERIA, AND REFERENCES TO LABORATORY ANALYSES OF PLAINTIFF'S BLOOD ALCOHOL CONTENT - AT TRIAL BEFORE OLER, J. ORDER OF COURT AND NOW, this 15th day of June 2007, upon consideration of the Plaintiff's Motion in Limine for Preclusion of Any Evidence That Plaintiff was Intoxicated at the Time of the Accident, Including, Testimony of Defendant's Toxicologist, Edward J. Barbieria, and References to Laboratory Analyses of Plaintiff's Blood Alcohol Content at Trial, the motion is denied. BY THE COURT, y?yy 8/ ?7r Igo, ?71? jo w X liam R. Hagner, Esq. 211 West Lancaster Avenue Paoli, PA 19301 Attorney for Plaintiff Velly Bonanno, Esq. C. Roy Weidner, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant Bradley Roberts 6my L. Coryer-Host, Esq. `225 Market Street, Suite 304 Harrisburg, PA 17108 Attorney for Defendant Shippensburg Township r JASON A. MYERS, Plaintiff VS. BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5319 JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this ( d It day of June, 2007, upon consideration of the Praecipe To Settle, Discontinue and End As to Less Than All Defendants filed by Plaintiff with respect to Defendant Shippensburg Township, and of the attached correspondence, Defendant Shippensburg Township is deleted as a party in this case and there shall be no reference at trial in the presence of the jury to its having been a party. BY THE COURT, J. /Wesley Oler, Jr Xilliam R. Hagner, Esquire 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 For the Plaintiff /Roy Weidner, Jr., Esquire 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 For Defendant Roberts my L. Coryer-Host 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 For Defendant Shippensburg Township Attachment I I(r 1` ? t uC i•.J f ? I? ° lY 81 l'' 3r LODZ JERRY R. DUFFLE RICHARD W.STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY JLi`?vsoN DUFFIE June 8, 2007 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Jason A. Myers v. Bradley Roberts, et al. No. 04-5319 Civil Cumberland Co. C.P. Claim No. 010180590571 Trial List Case No. 11 Dear Judge Oler: MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) WRrn,,ii'.5 Exr. No. 119 E-MAIL CV W'*,' We represent Defendant Bradley Roberts in this case scheduled to be tried before you beginning June 18. In his pre-trial conference order, Judge Guido directed that counsel advise you how we wish to handle the Township's involvement in this suit now that Plaintiff has executed a pro rata joint tort-feasor release in the Township's favor. I have, since the conclusion of discovery, agreed to the dismissal of the Township from the suit. That still continues to be my position, so that if Mr. Hagner wishes to consider the Township dismissed with no mention of its previous involvement to be made at trial, I have no objection to that. Since it was Mr. Hagner that originally sued the Township, I do not believe that I am in a position to make the ultimate decision in that regard. Notwithstanding the fact that the release was a pro rata joint tort-feasor release, I am still willing to agree that the Township be considered dismissed. Very truly yours, JOHN , N, DUFFIE STEWART & WEIDNER C. Roy Weidner, Jr. mhs:300422 c: William R. Hagner, Esquire Amy L. Coryer, Esquire Charles Young, Litigation Specialist 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. FROG (TUE)JUN 12 2007 16;56/ST.16.55/No.6801583529 P 2 LAW OFFICES O'DONNELL, HAGNER & WILLIAMS, P.C. 211 WEST LANCASTER AVENUE WILLIAM R. HAGNER' PAOLI, PENNSYLVANIA 19901 WILLIAM J.C. O'DONNELL FRANK J. WILLIAMS 1926-1994 'LL.M• TAXATION TELEPHONE: (610) 6444565 FACSIMILE: (610) 993.0294 June 12, 2007 via facsimile and regular mail The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square, Carlisle, PA 17013 Re: Jason A. Myers v. Bradley Roberts, et al. Civil Action No. 04-5319 Trial List No. 11 Dear Judge Oler: I represent the Plaintiff in the referenced action. C. Roy Weidner, Jr., represents the Defendant. In.Mr. Weidner's letter to you, dated June 8, 2007, he informed,you that Plaintiff executed a pro rata joint tortfeasor release in favor of Defendant; Shippensburg Township, and that if Plaintiff wishes to consider that said Township be dismissed from the action with no mention of its previous involvement at the time of Trial, Defendant (Bradley) has no objection to that. J agree that Shippensburg may be so dismissed as stated heretofore. Thank you. William R. Hagner WRH/fs cc; C. Roy Weidner, Jr., Esq., via facsimile and regular mail Amy L. Coryer, Esq. William A. Addams, Esq. Mr. Jason A. Myers Johnson, Duffie, Stewart & Weidner 'W By: C. Roy Weidner Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com JASON A. MYERS, Plaintiff V. Attorneys for Defendant Bradley Roberts IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5319 CIVIL CIVIL ACTION - LAW BRADLEY ROBERTS and SHIPPENSBURG TOWNSHIP, JURY TRIAL DEMANDED Defendants PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued, including all counterclaims, crossclaims and joinders of additional parties. O'DONNELL, HAGNER & WILLIAMS, P.C. By: AZ-7-- William R. Hagner JOHNSON, DUFFIE, STEWART & WEIDNER Y? C. Roy Weidner, Jr. DISCONTINUANCE CERTIFICATE AND NOW, _? I I AUQ7 suit has been marked as above directed. .",/ P. " 6M PROTHONOTARY 011 CERTIFICATE OF SERVICE AND NOW, this day of August, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William R. Hagner, Esquire O'Donnell, Hagner & Williams, P.C. 211 West Lancaster Avenue Paoli, PA 19301 :301285 22740-1839 JOHNSON, DUFFIE, STEWART & WEIDNER By:, 114Y ichelle H. Spangle C? ? p c? ? _? --? _- ? =? '`T; ?. ?_ w + C_? - _ ? -n i_ , -'r;' ?? ? ??