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Home My WebLink About05-1963 .....'- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ()S - IQc..3 CIVIL ACTION - LAW JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife 25 Yates Street Mt. Holly Springs, P A 17065 Plaintiff( s)& Address( es) Plaintiff(s)& Address( es) SU ANN DIFFENBAUGH 65 East Locust Street Mt. Holly Springs, P A 17065 -and- BRIAN K. HIPPENSTEEL 216 Avon Drive Carlisle, P A 17013 Defendant( s) Address( es) JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against Defendants Su Ann Diffenbaugh and Bri K. Hippensteel. The Writ of Summons should be delivered to the Sheriff for service u on Defendant Su Ann Diffenbaugh at 65 East Locust Street, Mt. Holly Springs, Cumberl nd County, Pennsylvania, 17065 and Defendant Brian K. Hippensteel, 216 Avon Drive, Carli e, Cumberland County, Pennsylvania. METZGER, WICKERSHAM, KNAUSS & ERB, P.c. Date: April 12, 2005 By ( ?,~~{/."., Clark DeVere, Esquire LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs 3254(J4-f 0 ~ q. '0 ;~ %-n R -6Q -"CO,' >- P -(J I"': D tn. 1~_:. \.. -;0 ..-.ft] f u- (It -- 1l'9 cP ':f-t(?-, 8 -0 (:~:;}:' L0 :;5~ ",c.J'l,.1 ~ - t l~.:' ~6(;1 ~ c;' -- ,0.-1 ~ .' '"'r_'" ..-~ 0' 'a. 0 lA :2 r.- ~ 1- - -------- METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hickey JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1963 CNIL TERM CNIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED TO: Defendants YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgmmlt may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 325726-/ A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia esrita en persona 0 po abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones a las demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaci6n por cualquier dinero reclamado en la demanda 0 por cualquier dinero reclamado en la demanda 0 po cualquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, S1 USTED NO TIENE 0 NO CONOCE UN ABODAGO, VA Y A 0 LLAME A LA OFICINA EN LA DIRECC10N ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER AS1STENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800) 990-9108 325726-/ METZGER, WICKERSHAM, P.C. By: Clark De V ere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hickey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Joey Hickey and Nancy Hickey, by and through their attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiffs Joey Hickey and Nancy Hickey, husband and wife, are adult individuals residing at 25 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant Su Ann Diffenbaugh is an adult individual residing at 65 East Locust Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 3. Defendant Brian K. Hippensteel is an adult individual residing at 65 East Locust Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 4. The facts and circumstances hereinafter set forth occurred on March 4, 2005, at or about 4:45 p.m. at the intersection of Yates Street and South Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 325726-1 5. At the aforesaid time and place, Plaintiff Joey Hickey was the operator of a 2001 Suzuki Grand Vitara 4 x 4 bearing Pennsylvania Registration Plate No. DVP-8869 and which was leased by his wife, Nancy Rosenblum Hickey and eo-signed by her father Harold Brymesser. 6. At the aforesaid time and place, Defendant Su A. Diffenbaugh was the operator of a 1999 Chevrolet Kl5 bearing Pennsylvania Registration Plate No. EPV5504. 7. At the aforesaid time and place, Defendant Brian K. Hippensteel was the owner of the vehicle being operated by Defendant Su A. Diffenbaugh. 8. At the aforesaid time and place, a vehicle operate:d by Jacob Showers was traveling north on Yates Street, stopped in the right hand lane at a stop sign behind three other vehicles at the intersection of Yates Street and South Baltimore Avenue. 9. At the aforesaid time and place, the vehicle operated by Plaintiff Joey Hickey was also stopped in the right hand lane on Yates Street at the stop sign, directly behind the vehicle operated by Jacob Showers. 10. At the aforesaid time and place, the Defendant, Su A. Diffenbaugh, was operating Defendant Brian Hippensteel's vehicle northbound on Yates Street approaching the intersection of Yates Street and South Baltimore Avenue. 11. At the aforesaid time and place, Defendant Su A. Diffenbaugh failed to stop the vehicle in tirne and struck the Plaintiffs vehicle pushing it into the vehicle being operated by Jacob Showers. COUNT I JOEY HICKEY V. SU ANN DIFFENUAUGH 12. Paragraphs I through 11 of Plaintiffs' Complaint are incorporated herein by 325726-1 reference as if fully set forth. 13. Defendant owed a duty to Plaintiff Joey Hickey and other lawful users ofthe roadways in the Commonwealth of Pennsylvania to operate the vehicle she was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff in particular. 14. The aforesaid collision was the direct and proximate result ofthe negligence of the Defendant Su A. Diffenbaugh, in operating the 1999 Chevrolet in a careless, reckless and negligent manner as follows: a. Failing to slow or stop the vehicle she was operating so as to avoid a rear-end collision; b. In operating the vehicle at an excessive rate of speed under the circumstances; c. Operating her vehicle in careless disregard for the safety of persons and/or property in violation of75 Pa. C.S.A. %3714 :md applicable law; d. Operating her vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. %3736 and applicable law; e. Failing to obey traffic control devices in violation of 75 Pa. C.S.A. %3111 and applicable law; f. Following too closely in violation of 75 Pa. C.S.A. %3310 and applicable law; g. Failing to comply with duties at stop signs in violation of 75 Pa. C.S.A. %3323 and applicable law; h. Driving under the influence of alcohol or controlled substance in violation of 75 Pa. C.S.A. %3802 and applicable law; 1. In failing to apply the brakes to the vehicle she was operating or take other evasive action to avoid a collision with the rear of Plaintiff's vehicle; J. Driving at a speed greater than is reasonable :md prudent under the conditions and having regard for the actual and potential hazards then existing and at a speed greater than will permit her to have brought her vehicle to a stop within the assured clear distance ahead in violation of 75 Pa. C.S.A. % 3361 and applicable law; 325726-1 k. Exceeding the applicable maximum speed limit in violation of 75 Pa. C.S.A. %3362 and applicable law; I. Driving a motor vehicle at a time when Defi~ndant had a suspended license in violation of75 Pa. C.s.A. % 1543 and applicable law; m. In failing to give waming to Plaintiff Joey Hickey of her impending collision with Plaintiff's vehicle; n. In failing to observe Plaintiffs vehicle and other vehicles on the highway; o. In failing to operate her vehicle in accordan'~e with existing traffic conditions and traffic controls; p. In failing to exercise the high degree of care required of a motorist entering an intersection; q. In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead; r. In operating the vehicle while under the influence of intoxicating liquor or drugs; s. In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; 1. In failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; u. Otherwise operating her vehicle at an unsafe speed; and v. Rearending Plaintiff's vehicle. 15. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant, Plaintiff, Joey Hickey, sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation, and which include, but are not limited to, the following: (a) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; 325726-1 (b) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; (c) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; (d) Compression fracture of thoracic spine; (e) Trauma to head; and (f) Trauma to knees. 16. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Joey Hickey, has lmdergone and in the future will undergo physical pain, mental anguish, discornfort, inconvenie~nce, distress, embarrassment and humiliation, past, present and future loss of his ability to enjoy the pleasures of life and limitations in his pursuit of daily activities all to his great loss and detriment. 17. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Joey Hickey, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 18. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Joey Hickey, has suffered and will continue to suffer a loss of earnings for which darnages are claimed. 19. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Joey Hickey, has and/or may in the future incur a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 20. As a direct and proximate result of the aforesaid collision and the negligence, 325726-1 carelessness and recklessness of Defendant, Plaintiff Joey Hickey sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. 21. Defendant Su Ann Diffenbaugh was driving unde~r the influence of alcohol in this collision. Plaintiff Joey Hickey remains eligible to claim compensation for non economic loss and economic loss snstained in this collision. 22. Plaintiff incurred a rental car expense of $463.49 while he was without a vehicle for which he claims reimbursement from Defendant. A copy of the receipt from Enterprise Rent- a-Car is attached hereto as Exhibit "A". 23. Plaintiff has paid a $500 deductible to repair the collision related damage to his vehicle for which he claims reimbursement from Defendant. A copy of a Vehicle Repair Completion Receipt from Faulkner Collision Center of Carlisle is attached hereto as Exhibit "B". 24. In total disregard for the safety of Plaintiff and others, Defendant drove her vehicle while intoxicated, drove recklessly, crashed into the rear of Plaintiff Joey Hickey's vehicle while it was lawfully stopped and caused serious injuries to Plaintiff Joey Hickey and as a result Plaintiff Joey Hickey is entitled to punitive damages. WHEREFORE, Plaintiff Joey Hickey demands judgment in his favor and against the Defendant Su Ann Diffenbaugh for the aforesaid damages, which exceed the limits for compulsory arbitration in Cumberland County, and demands costs, interest, damages for delay and/or punitive damages against Defendant as allowed by law. 325726-1 COUNT II Plaintiff Joev Hickev v. Defendant Brian, HiDDensteel 25. Paragraphs 1 through 24 hereof are incorporated he~rein by reference as if fully set forth. 26. The aforesaid collision is the direct and proximate result of the Defendant Brian Hippensteel in allowing the Defendant Su Ann Diffenbaugh to operate the 1999 Chevrolet by: (a) Entrusting the motor vehicle to the Defendlmt Su Ann Diffenbaugh when he knew or should have known that Defendant Su Ann Diffenbaugh was incapable of operating the motor vehicle in a safe and lawful manner; (b) Entrusting the motor vehicle to the Defendant Su Ann Diffenbaugh when he knew or should have known that the Defendant Su Ann Diffenbaugh was an incompetent and unsafe driver; (c) Entrusting the motor vehicle to the Defendaat Su Ann Diffenbaugh when he knew or should have known that the Defendant Su Ann Diffenbaugh would likely operate the vehicle in such a manner as to create an unreasonable risk of harm to other drivers on the roadway; (d) Entrusting the motor vehicle to Su Ann Diffcnbaugh when he knew or should have known that she had a suspended license at the time of the time of the incident; (e) Entrusting the motor vehicle to Su Ann Diffenbaugh when he knew or should have known of her intoxicated state; 325726-1 (f) Allowing Su An Diffenbaugh access to his keys and vehicle when he knew of her suspended license and prior DUl conviction; (g) Allowing an unauthorized/unlicensed person, namely Su An Diffenbaugh, to drive his vehicle in violation of 75 Pa. C.S.A. %1574, %1575 and applicable law. WHEREFORE, Plaintiff, Joey Hickey demands judgment against Defendant Brian Hippensteel, either individually and/or jointly, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. COUNT III Plaintiff Nancv Hickev v. Defendants Su Ann Diffenbaul!h and Brian HiDDensteel 27. Paragraphs 1 through 26 hereof are incorporated herein by reference as if fully set forth. 28. During all relevant times Plaintiffs Joey Hickey and Nancy Hickey, were husband and wife, and solely as a result of the collision, the aforesaid negligence, carelessness and recklessness of Defendants and as a result of the injuries to Plaintiff Joey Hickey, the Plaintiff Nancy Hickey has been deprived of the assistance, companionship, consortium and society of her husband and has lost his services to her all to her great loss and detriment which may continue indefinitely. 29. As a result ofthe collision, Plaintiffs' vehicle required repairs in the amount of 325726-1 $5,351.32. A copy of this estimate and check vouchers from The Brethren Mutual Insurance Company are attached hereto as Exhibit "C". WHEREFORE, Plaintiff Nancy Hickey demands judgment against Defendants Su Ann Diffenbaugh and Brian Hippensteel, either individually and/or jointly, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~dl Clark DeVere, squire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: 7- I-oS- 325726-1 4f) (.) -- o > c: ns I . c: CD 0::: Enterprise rent-a-car DUPLICATE 800 NORTH HANOVER ST CARLISLE PA 17013-1538 Bill To: OOOO()<l3-00012/000~O>~-~1101i1'\1999g JOE HICKEY 25 YATES ST MT HOLLY SPGS PA 17065 RU,~fIL II,FORMATIO'J Date Out 3/18/05 J:h'tnter JOE HICKEY Date In 4/04/05 Additional Driver Name SPOUSE--NANCY HICKEY r,E1H fl, VEHICLlS CLAIM 'NFORMA liON Color BLACK Model 04 C AMR license No. Claim #/Policy #/P.O. # FPR7880 324700 Unit # Insured UZ7424 HICKEY' JOE' Date of loss Type of Car SUZUKI GR Type of Loss INSURED Repair Shop FAULKNER COL Rental Agreement 0703621 - 5710 BILW,G DETAIL escriptil)n Rate Amount 18 D,I YS @ 21.99 395.82 TRANSTAX 36.0 SALES TAX% 8.00 31.67 ;;~iW7l OTAl CHIIRGES lESS AMOUNT RECEIVED HARGED TO OTHERS AMOUNT DUE. . . . . . . . . . . . .. ~ IMPOf\l ANT INF ORMA 1IO~J Billing Inquiries Call 717-258-4495 Fed Tax 10 /I 52-1690665 Thank You For Choosing Enterprise GJUPLICATE COPY PLEASE DISREGARD IF ALREADY PAID ~............................ . Please Return This Portion with Remittance Remit to: ENTERPRISE RENT -A-CAR A TTN: ACCTS RECEIVABLE PO BOX 61770 HARRISBURG PA 17106 04/05 AMOUNT DUE.. .. .. .. . .. ... ~ .00 Paid by: JOE HICKEY 25 YATES ST MT HOLLY SPGS PA 17065 Customer# nental Agreement Amount GPBR 999999 0703621 .00 5710 Faulkner COLLISION CENTER OF CARLISLE -TO BE SURE- 2 Roadway Drive Carlisle, PA 17013 Telephone: (717) 254-0041 Fax: (717) 254-0046 www.faulknertobesure.com vehicle VEHICLE REPAIR COMPLETION RECEIPT \ JoeL{ 'tW.bej 'JWI S^]j;J.;L~ ~ 01533 Date Customer Name Repair Order# Insurance Co , I l1!4-- Repairs to your vehicle have been completE!d.However,the final paperwork is not finished due to supplemental damages found during the repair process. Your insurance company must approve the supplemental repairs before a final bill can be generated. This receipt serves as proof of any payment ~ade by you or your insurance company to date. A final billing invoice will be mailed to your home address. Customer pays :~i5q)5\.O)ry)S Ckd~ Insurance pays: S~ATf '-::Dfred- :.--.-.---.'C"OmIl11!fl:t s , E:'" 'i" ' I ,,' "\" Li _---1- Ll,) !) \'1--;::._ " ~- \. Y' .: \,,:,,) . 'J' 't., r', ""r" o __......,i,,:L..i-: r/ --::'f.'''-'' "... . -- j---'''-. -'--.,--, FROM (WED) 6 15 2005 13:43/8T. 13:39/NO. 5111815326 P 2 .........,.' OS/25/2005 at 06:07 AM 95926 File 10: FC-Ol07-12 STARSINIC APPRAISALS Scarsinic Appraisal Serv., Inc. Auto - Heavy Equipmenc - R. V. - Mot;orcycles P.O. Box 7462 638 So. 2nd Street Steelton, PA 17113-0462 (717)939-9891 Fax. (717)939-L992 Written By, Gerald Walton #151292 OS/25/2005 06:07 AM ~ [g@rnDW[~ ~ MAY 27 mi CLAIMS DEPT. BRETHREN MUTUAL INS. CO. Insured. Owner. Address. JOEY HICKEY JOEY HICKEY 25 YATES STREET MT HOLLY SPRINGS, (717)486-4514 (717)528-4125 8~ S'OPPLIi:NIlNT 011' RECORD 2 WITH S'tlMKlIltY ~-l.e _Claim'324700 ~~ Policy' ~'~.(t.) Dace of Loss, 03/04/2005 r~ ~ Type of Loss. Collision ~~ Poinc of I:mpacc. 6. Rear PA 17065 For, BRBTHBRN MUTUAL - Adjuster: BRAD BAKER Ocher. Ocher. Inspecc 25 YATES STREET Location. MT HOLLY SPRINGS, PA 17065 Other. (717)486-4514 HOI!olE Repair APPRAISAL ONLY Facilicy. Days to Repair Lic:en..e II 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-FI 4D UTV "IHITE Int; VIN. JS3TD62V514158200 Lie. DYP-8869 PA Prod Date. Air conditioning Rear Defogger Cruise Control Intermittent Wipers Rear Wiper Tinted Glass Luggage/RoOf Rack Electric Steel Sunroof Clear Coat paint Power Steering Power Windows power Locks AM Radio FM Radio Cassette Search/Seek Driver Air Bag passenger Air Bag Bucket Seats Recline/Lounge Seats 4 Wheel Drive Aluminum/Alloy Wheels Odometer: 93747 Tilt Wheel Keyless Entry Dual Mirrors Fog Lamps Power Brakes Power Mirrors Stereo Anti-LOCk Brakes (4) Leather Seats Automatic Transmission ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTll' EXT. PRICE L1\.BOR. PAINT ------------------------------------------------------------------------------- 1 SOl REAR BUMPER :z SOL O/H bumper assy 0 0.00 1.5 0.0 3 501 Repl Bumper cover 1 339.08 Incl. 2.6 4 501 Add for Clear Coat 0 0.00 0.0 1.0 5 SOl Repl Top finish panel 1 103.n 0.4 0.0 6 SOl Repl Reinforcement 1 183.17 Incl. 0.0 7 GRILLE 8 O/H front bumper 0 0.00 2.3 0.0 9 Repl Grille 1 187.06 Incl. 1.3 10 Add for Clear Coat 0 0.00 0.0 0.5 1 FROM (WED) 6 15 2D05 13:43/3T, 13:39/NO. 5111815326 P 3 OS/25/2005 at 06,07 AM 5l5n6 File 10. FC-OI07-12 SUPPLBMBNT OF RBCORD 2 WITH SUMMAR'l(' 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-FI 4D UTV WHITE Int: NO. _~___________M____________________________________._____________________________ PAINT OP. DESCRIPTION QTY EXT. PRICE LABOR ---------------------------------------~----------,----------------------------- 11 12" SOl 13 14 15" 16" 17 18 SOl 19 SOl 20 SOl 21 22 23 24....S01 25 SOl 26 SOl 27 SOl 2B 29 30 3l SOl 32 SOl 33 SOl 34 35 36 37# 3B# 39#' 40# 41# 42# 43# 44# 45# 46# SOl 47 602 48 602 49# S02 Repl Rpr Rpr Repl Repl Repl Repl Repl Repl Repl Repl Repl Repl Repl Repl Repl Rpr Repl Repl Repl Repl Repl Rpr Subl Rpr Subl Repl Rpr FRONT LAMPS RT Headlamp assy Aim headlamps COOLING Shroud Radiator support BACK DOOR Door shell Overlap Major Non-Adj. Panel Add for Clear Coat Emblem "SUZUKI" chrome Emblem "GRAND VITARA" chrome Emblem "V6" chrome Qual Repl Parts Door glass Suzuki green Weatherstrip Reveal molding Lower trim panel SPARE TIRE CARRIER Spare carrier Spare Spare cover REAR BODY & FLOOR Rear crossmember Rear sill plate FRONT BUMPER Bumper cover wlo sunroof Add for Clear Coat CLEAN INTERIOR Hazardous Waste Removal Cover vehicle for overspray Restore Corrosion protection Flex additive Flex additive Setup & measure (Unibody) Four wheel alignment Pull and square rear unibody TOWING STEERING COLUMN Combo switch w/cruise control RESET ELECT COMPONANTS 1 o IBO.05 0.00 0.4 0.5 0.3 2.0 4.5 0.0 0.0 0.2 0.2 0.2 Incl. Incl. Incl. Incl. 0.5 0.0 2.0 0.2 Incl. 0.0 1.0 0.0 0.2 0.0 0.0 0.0 2.0 F 0.0 4_0 F 0.0 0.8 0.3 0.0 0.0 0.0 1.2 2.1 -0.2 0.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 . 0.0 0.0 0.0 0.0 2.6 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 -----------------------.-------------------------------------------------------- Subtotals ==> 2 o o 0.00 m 0.00 s 1 o o 1 1 1 1 450.46 0.00 0.00 17 .50 21. 56 12.72 261. 00 1 1 1 76.56 82.76 125.19 1 1 70.35 71.00 1 1 202.65 28.56 1 o o 1 1 1 I 1 o 1 o 1 327.36 0.00 0.00 3.00 T 5.00 T 18.00 T 6.00 6.00 0.00 59.95 T 0.00 80.75 X 1 o 4.31.34 m 0.00 3350.99 23.5 12.5 FROM (WED) 6 15 2005 13:43/ST, 13:39/NO, 5111815326 P 4 -.' OS/25/2005 at 06:07 AM ~5~26 File ID: FC-OI07-12 SUPPI.oBMBNT OF RBCORD 2 WITH S:UMMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-FI 40 UTV WHITE Int: ---------------------------------------------------~--------------------------- Eatimate Notes: ENGINE HAS NOISE, WHICH, I AM UNABLE TO DETERMINE WHAT THE DAMAGES ARE LKQ LOCATED AT AUMILLERS 1-800-692-7463 parts Body Labor Paint Labor Frame Labor paint Suppliea sublet/Miac. 17.5 hra @ $ 40.00/hr 1:1.5 bra @ $ 40.00/hr 6.0 hra @ $ 42.00/hr l:1.5 hrs @ $ 20.00/hr 3184.29 700.00 500.00 252.00 250.00 ],<56.70 ---------------------------------------------------- SUBTOTAL Sales Tax $ 5052.99 $ 4972.24 @ 6.0000% 298.33 ---------------------------------------------------- TOTAL COST OF REPAIRS $ 5351.32 ADJUSTMENTS: Deductible 0.00 ---------------------------------------------------- TOTAL ADJUSTMENTS NET COST OF REPAIRS $ 0.00 $ 5351. 32 SUPPLEMENTAL CHAR.GES DISCLAIMER: My supplemental repair charges may be rejected unless otherwise approved by the appraiser or the insurance company prior to the completion of such repairs All appraisalS are subject to review by the assigning insurance company and or their affiliates. APPRAISER:~"--z1::;;- APPROXIMATE DAY -TO REPAIR COPY TO, INS. Co. PI'. LIe. #/,~~ IlJ\.TE ..9'~dS' DRlvBEABLE (Y or N) OWNER REPA:IRER '. 3 FROM (WED) 6 15 2005 13:43/ST, 13:39/NO, 5111815326 P 5 OS/25/2005 at 06:07 AM ~S!l26 File ID: FC-OI07-12 SUPPIoBM8NT OF RBCORD 2 WITH SiUMMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.SL-FI 4D UTV WHITE Int: ANY PERSON WHO KNOWINGLY AND WITH INTBNT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FI~ES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIA~ THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR, OEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. THE FOL~OWING IS A LIST OF ABBREVIATIONS OR SYMBOLS T'HAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR R.EPLACEO: D~DISCONTINUED PART A~APPROXIMATE PRICE B~BOOY LABOR D~DIAGNOSTIC E~ELECTRICAL F~FRAME G~GLASS M~MECHANICAL P~PAINT LABOR S-STRUCTl.1RAL T~TAXED MISCELLANEOUS X~NON 'l:'AXED MISCELLANEOUS ADJ-ADJACENT ALGN~ALIGN A/M~AFTERMl\.RKli:T BLND=BLEND CAPA~CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&.R~DISC:ONNECT AND RECONNEC'l:' EST~ESTIMATE EXT. PRICE~UNIT PRICE MULTIPLIED BY THE QUANTITY INCL~INCLUDED MISC~MISCELLANEOUS NON-ADJ~NON ADJACENT O/H~OVERHAUL OP~OPERATION NO~LINE NUMBER QTY~QUANTITY QUAL RECY~QUALITY RECYCLED PART C~AL REPL~QUALITY REPLACEMENT PART COMP REPL PARTS~COMPE'l:'ITIVE REPLACEMIENT PARTS RECOND=RECONDITION REFN.REFINISH REPL.REPLACE R&.I=RE:MOVE AND INSTALL R&.R~RliiMOVE AND REPLACE RPR~REPAIR RT~RIGIiT SECT~SliiCTION SUBL~SUBLET LT=LEFT W/O~WITHOUT w/ =WITH/ #=MANUAL LINE ENTRY *~OTHER. [IIii..MOTORS DATABASE INFORMATION WAS CMANGED1. **.DATABASE LINE WITH AFTERMARKET N~NOTES ATTACHED TO LINE NAGS~NATIONAL AUTO GLASS SPECIFICATIONS. MQVP=~NUFACTURER'S QUALITY AND VALIDATION PROGRAM. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST O~ REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THIii TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COST'S ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING' REPAIR FACILITIES WHICH WILL BE AB~E TO REPAIR THE VB'HICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. I~ USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO T'HOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. AF'l:'ERMARKET CRASH PART. A NONORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY Of' THE NONMECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHI Ct,E , INCLUDING INNER AND OUTER PANELS. THIS APPRAISAL WILL INDICATE IF AFTERMARKET CRASH PARTS ARE SPECIFIED. IF THE USE OF SUCH PARTS VOIDS THE WARRANTY ON THE PART BEING REPLACED OR ON ANY OTHER PART, THE AFTER MARKET CRASH PART WILL BE WARRAN'l:'ED BY THE MANUFACTURER OR INSURANCE COMPANY EQUAL TO OR. BliiTTER THAN THE REMAINDER. OF THE EXISTING WARRANTY. 4 FROM (WED) 6 15 2005 13:43/3T, 13:39/NO. 5111815326 P 6 OS/25/2005 at 06:07 AM 95926 File ID, FC-0107-12 StJPPLBMEN'1' OF RBCORD 2 WJ:TH S,tlMMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.SL-FI 4D UTV WHITE Int: Es~imate baaed on MOTO~ ~H ESTIMATING GUIDE. Unless otherwig~ noted all items are derived from the Guide ARS14~1 Databaee Date OS/2005/ CCC Da~a Cate OS/200S, and the p~rte $elected are OEM-parte manufactured by the vehicles original Equipment Manufacturer. OEM parts are available at OE/vehiele ~ealerBhips. Asterisk (*) or Oouhle Asterisk (.*) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have oome from an alternate data source. Tilde sign (-) items indicaee MOTOR Not-Included Labor ~peration8. Non-O~i9inal iquipment Man~f.cture~ aftermarket pares are described as AM, Qu81 R@pl Parte or Comp ~epl Parts which st&^ds for Competitive Replacement Parts. Used parts are describod as LKQ, Qual Recy Pare6, RCY. or USED. Recondi~ioned par~s a~e d@sc~ibed .$ RecQn. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided by National Auto Glass Specificat;ions, Inc. Pound sign (#) items indicate manual entries. Some parts that are described as AM, Qual Repl Parts or Camp Repl Parts may be OE Surplus parts or other OE parts offered at a special pricing discount. For further clarification please review the Suppliers List attached to this estimat@, or consult the appraise. or estimator. CCC Pathways - A product of CCC Information services Inc. 5 FROM (WED) 6152005 13:43/ST.13:39/NO.5111815326 P 7 OS/25/2005 at 06:07 AM 95926 File ID, FC-0107-12 SUPPLBMBN'l' OF RBCORD 2 WITH SIt!MMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-FI 4D UTV WHITE Int, ---------------------~------------------------------------------.-------------- NO. OP. DESCRIPTION QT'~ EXT. PRICE I.ABOR PAINT ------------------------------------------------------------------------------- 47 S02 48 S02 4.5)# S02 Repl Rpr - - -- - -- ADDED ITEMS - -- - - -- STEERING COLUMN Combo switch w/cruise control RESET ELECT COMPONANTS 1 o 431.34 0.00 m 0.8 0.3 0.0 0.0 --------------------------------------------------------------------------.---- Subtotals ~~> 431.34 1.1 0.0 ------------------------------------------------------------------------------- Estimate Notes: ENGINE HAS NOISE, WHICH, I AM UNABLE TO DETERMINE WHAT THE DAMAGES ARE LKQ LOCATED AT AUMILLERS 1-800-692-7463 Parts Body Labor 1.1 hrs @ $ 40.00/hr 431.34 44.00 ---------------------------------------------------- SUBTOTAL Sales Tax $ 475.34 $ 475.34 @ 6.0000\ 28.52 ---------------------------------------------------- TOTAL SUPPLEMENT AMOUNT $ 503.86 NET COST OF SUPPLEMENT $ 503.86 Estimate Supplement Sl Supplement $2 3940.95 Gerald Walton 906.51 Gerald Walton 503. BlS Gerald Walton Workfile Total $ 5351.32 NET COST OF REPAIRS $ 5351.32 SUPPLEMENTAL CHARGES DISCLAIMER, Any supplemental rE,pair charges may be rejected unless otherwise approved by the appraiser e>r the insurance company prior. to the completion of such repairs All appraisals are subject to review by the assi9nin~r insurance company and or their affiliates. APPRAISE~: ~~~ APPROXIMATE DAYS. TO REPAIR COPY TO: INS. Co. PA LIC. ~.2fZ. .>ATE: (~d5 DRIVBEASJ:.E (y OI~ N) OWNER REpJi,IRER. 6 FROM (WED) 6 15 2005 13:44/3T, 13:39/NO, 5111815326 P 8 '::....,/ OS/25/2005 at 06:07 AM 95926 File ID: FC-0107-12 SUPPLBMBNT OP RECORD 2 WITH StlMMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-FI 40 UTV WHITE Int: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD AN"! INSURANCIi: COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURIi: OR. DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPL,ETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS 'I'HAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR R.~PLACED: D~DISCONTINUEO PART A~APPROXlMATE PRICE BwBODY LABOR DwDIAGNOSTIC E;,ELECTRICAL FwFRAME GwGLASS M~MECHl\NICAL pwpAINT LABOR S~STRUCTURAL T~TAXED MISCELLANEOUS X~NON TAXED MISCELLANEOUS ADJwADJACENT ALGN~ALIGN A/M..AFTERMARKET BLND"BLEND CAPA"CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&RwDISC:ONNECT AND RECONNECT EST"ESTlMATE EXT. PRICEwUNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-ADJ~NON ADJACENT O/H=OVSRHAUL OP=OPERATION NO=LINE NUMBER QTy..QUANTITY QUAL RECY~QUALITY RECYCLED PART C!UAL REPLwQUALITY REPLACEMENT PART COMP REPL PARTS~COMPETITIVE REPLACEMENT PARTS RECOND..RECONDITION REFNwREFINISH REPL~REPLACE R&bRHMOVE AND INSTALL Rl<R.REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT~SECTl;ON SUBL-SUBLET LT=LEFT W/O=WITHOUT W/_-WITH/_ II-MANUAL LINE ENTRY 'wOTHER [::E. .MOTORS OATAI3ASE INFORMATION WAS CHANGED]. **~DATABASE LINE WITH AFTERMARKET N..NOTES ATTACHED TO ~INE NAGS~NATIONAL AUTO GLASS SPECIFICATIONS. MQVPw~~FACTURER'S QUALITY AND VALIDATION PROGRAM. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF I1qSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. cos~rs A130VE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNEI~. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING' REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VI~HICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO 'rHOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, ':USTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. AFTERMARKET CRASH PART - A NONORIGINAL EQUIPMENT ~JFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NONMECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHICwE, INCLUDING INNER AND OUTER PANELS. THIS APPRAISAL WILL INDICATE IF AFTERK~KET CRASH PARTS ARE SPECIFIED. IF THE USE OF SUCH PARTS VOIDS THE W~~Y ON THE PART BEING REPLACED OR ON ANY OTHER PART, THE AFTER MARKET CRASH PART WILL BE WARRANTED BY THE MANUFACTURER OR INSURANCE COMPANY EQUAL TO OR BETTER THAN THE REMAINDER OF THE EXISTING wARRANTY. 7 FROM (WED) 6 15 2005 13:44/3T, 13:39/NO, 5111815326 P 9 ]"... OS/25/2005 at 06:07 AM SlS926 File ID; FC-OI07-12 SOPPLBMBNT OF RECORD 2 WITH IIUMMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-FI 4D UTV WHITE Int: Estimate based on MOTOR CRASH ESTlMATtNG GuIDS. Unless otherwise noted all items are derived from the Guide ARS1411 Databa8e Date 05/2005, cec Dota DQte OS/20CI5, and the parts selecte~ are OEM-parts manufactured by th.e vehicles Original !:quipment Manutact\.l.rer. OEM parts ar@ available at OB/Vehicle dealership8. Asterisk (0) or Double Asteri8k (0') indi1catee that the parts and/or labor information provided by MOTOR may have been modified or may hc~e come from an alternate data source. Tilde sign (-) items indicate MOTOR Not-Included Labor e~erations. Non-Original ~quipment Manufacturer aftermarket parts are described aa A.M, Qual Repl Pa:r'ts Or Comp Repl Pilorts which stands for Competitive Replacement. Part.s. lJsed pa:r;tEl a:-e described as llKQ, Qual Recy Parte, RCY, or USED. RecondItioned p.~tEl .~e described as Recon. Recored parts are ~eBcribed as Recore. NAGS Part Numbers a~ prices are provided by National Auto Glass Spec1ficaoione. Inc. Pound sign (#) iteme indicate manual entries. Some parts that are described as AM, Qual Repl Part5 or Comp Repl Parts may be DE Surplus parts or other OB parts offered at a special pricing discount. For further clarifi.cation please review th@ Supplill!!rs List attached to this estimate, or oonsult the appraiBer or eEltima.tor. CCC Pathways - A product of CCC Information services Inc. e FROM (WED) 6 15 2005 10: 33/8T. 10: 33/NO. 5111815325 P 2 MAIL TO FAULKNER COLLISION CENTER 2 ROADWAY DR Function LOSS Date CLHMNT 03/04/05 Policy & Claim InfoNlation Agy: MILLER INS. ASSOCIATES. INC. Eff: 01/09/05 Exp: 07/09/05 AgyBr: 805600 DOL: 03/04105 TOL: ____ _ Resv: 10.857.06 Chrg: H Cat: ____ Sta: Q Paid: 7.013.01 OVl REARENOEO IV WHICH REAREND OV2 Incr: 17.870.07 ROUTE 34 MOUNT HOLLY SPRING PA CHECK # 00363882 3247Q001 03J2Q/QS JOEY P HICKEY JOEY P HICKEY PassHOrd [ 1 VISION MIS CLAIMS Surch Item 324700 Insured: JOEY P HICKEY Policy: PAA0039956 CLAIM II: 324700 Aedt St: fA Oeser of Loss: LOSS Location: CLAIM NO DATE INSURED CLAIMANT PAY TO CARLISLE f6 17013 FAULKNER COLLISION CENTER & JO Policy # PAA003S~ Loss Date 050304 Tax 10 Loss/cxp L AlIIount 3~~ PAY FOR Select Partial Pav.ent for COLLISION & UPSET Los. of 03/04/05. a Function Key. FROM (WED) 6152005 10:34/ST.10:33/NO,5111815325 P 3 HAIL TO Funotion Loss Date Password CLIt1NT 03/04/05 I ] Policy & Claim Information -- Insured: JOEY P HICKEY Agy: MILLER INS. ASSOCIATES. INC. Policy: PM0039956 Eff: 01109/05 Exp: 07/09/05, AgyBr: 805600 CLAIM H: 324700 DOL: 03/04/05 TOL: ____ _ Resv: 10.857.06 Aodt St: U. Chrg:.!!! Cat: ____ SU: Q Paid: 7.013.Q,L Oeser of Loss: OV1 REARENDED IV WHICH REAR END OV2 Inor: 17.870.07 Loss Location: ROUTE 34 MOUNT HOLLY SPRING PA CHECK *, 00364613 3247000'1 04/11/Q!li JOEY P HICKEY JOEY P HICKEY VISION MIS CLAIHS Search Itelll 324700 ~NT~RPRISE RENT A CAR 2625 MARKET PLACE CLAIM NO DATE INSURED CLAIMANT PAY TO HARRISBURG fA 1711 0 ENTERPRISE RENT A CAR Policy /I ~ Loss Date 060304 Tax ID 52.169t1665 Lose/Exp L AIIIount l!2ll.....QJl. Partial Payment for COLLISION & UPSET Loss of 03/04/05. a Function Key. PAY FOR Select FROM (WED) 6 15 2005 10:34/ST.10:33/NO, 5111815325 P 4 MAIL TO Funetion LOss Date CLMMNT 03/04/05 Policy & Claim Info~mation Insu~ed: JOEY P HICKEY Agy: MILLER INS. ASSOCIATES. INC. Policy: PAA0039956 Eff: 01109105 Exp: 07/09/05 AgyB~: 805600 ClAIM .: 324700 DOL: 03/04/05 TOL: ____ _ Resv: 10.857.06 Acdt St: ee Ch~g: H Cat: ____ Sts: Q Paid: 7.013.01 Oeser of Loss: OV1 REARENOEO IV WHICH REAREND OV2 Inc~: 17.870.07 LOss Location: ROUTE 34 MOUNT HOLLY SPRING PA CHECK # 00365759 32470001 04/29/05 JOEY P HICKEY JOEY P HICKEY P B9 sword [ ] VISION MIS CLAIMS Search It.. 324700 ~AULKNER COLLISION 2 ROADWAV DRIVE CLAIM NO DATE INSURED CLAIMANT PAY TO CARLISLE f6 17013 FAULKNER COLLISION Policy # PAA0039~ loss Date 050304 Tax 10 LOSSIEXP J.... Amount !~ PAY FOR Select Final Pavment for COLLISION & UPSET Loss of 03104105. a Function Key. FROM (WED) 6 15 2D05 10: 34/3T. 10: 33/NO. 5: 11815325 P 5 HAIL TO FAULKNER COLLISION 2 ROADWAY DRIVE Function Loss Date Password CLMMNT 03/04/05 I ] pOlicy & Clai. Information -- Agy: MILLER INS. ASSOCIATES. INC. Eff: 01/09/05 Exp: 07/09/05 AgyBr: 805600 OOL: 03/04/05 TOL: ____ _ Resv: 10.867.06 Chrg: H Cat: ____ St.: Q paid: 7.013.01 OVl REARENDED IV WHICH REAREND OV2 Incr: 17.870.07 ROUTE 34 MOUNT HOLLY SPRING PA CHECK M 00367318 32470001 OS/27/0!6 JOEY P HICKEY JOEY P HICKEY VISION MIS CLAIMS Search nell 324700 Insured: JOEY P HICKEY POlicy: PAA0039956 CLAIM II: 324700 Acdt St: PA Descr of Lo..: Loss Location: CLAIM NO DATE INSURED CLA1I1ANT PAY TO CARLISLE fa 17013 FAULKNER COLLISION Policy II PAA003Q9s6 Loss Date 060304_ Tax 10 Loss/Exp L AIIount !~ SUDDle.ental pav.ent for COLLISION & UPSET LOSS of 03/04/05. a Function Key. PAY FOR Select VERIFICATION I, Joey Hickey, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has beerl gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaillt is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. %4904 relating to unsworn falsification to authorities. Dated: C, -j6/(7$ 325726-1 VERIFICATION I, Nancy Hickey, hereby certify that the following is correc:t: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best ofmyknowledg'l, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Dated: ~ - -ZCo -OS 325726-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hickey JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERI"AND COUNTY, PENNSYL VANIA vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And Now, this 1 sl day of July, 2005, I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs' Complaint to the Defendants as follows: Sent bv Certified Mail. Return ReceiDt Requested Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, P A 17065 Sent bv First Class Mail Brian K. Hippenstl~el c/o Joha A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P. O. Box 109 Lemoyne, P A 17043-0109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 0~><" Clark DeVere, Esquire 325726-1 (') ,.." ~ = c; <;::',:' ,;;,.n .. ,- ::;l (--.: ~-n r.". rn~ .,., rT1 I :.Oy <.J1 So \.~; ~..r: :";i -0 0".1 .' ::L; :'?~'M C....J r"- ':=, ~"_.K .~ =< c- :D N '< - METZGER, WICKERSHAM, P.c. By: Clark DeVere, Esquire Attorney I.D, No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hick JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLE S OF CUMBERLAND COUNTY, PENNS LVANIA Ys. NO. OS' - /9k3 Cl'u:L ~ CIVIL ACTION - LA W- I SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, P A 17065 You are hereby notified that Plaintiffs Joey Hickey and Nancy Hickey have commenc d an action against you. Prothonotary Dated: -Hpll.J , I P dD&.s- I 325404"1 l. ._ METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hick y JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY, PENNS LVANIA vs. NO. OS -IQI..3 (};u~L S2..~ CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Brian K. Hippensteel 216 Avon Drive Carlisle, P A 17013 You are hereby notified that Plaintiffs Joey Hickey and Nancy Hickey have commen d an action against you. Dated: .j)pn....i [ J PI ,10a.s 325404-1 Johnson. Duffie, Stewart & Weidner By: John A Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant Brian K. Hippensteel JOEY HICKEY and NANCY HICKEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVil ACTION - lAW i v. ! i .\ SUANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, \ Defendants : NO. 05-1963 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE \ \TO THE PROTHONOTARY OF CUMBERLAND COUNTY: , Please enter the appearance of John A. Statler, Esquire, of Johnson, Duffie, Stewart & i Vveidner. P.C. as counsel on behalf of Defendant Brian K. Hippensteel in the above-captioned action. HNSON. DUFFIE, STEWART & WEIDNER By: \ John A. Statler, ire Attorney 1.0. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel D+TE: i.f / 2-~ / b S- :24r598 I CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at "111 - J Lemoyne, Pennsylvania, with first-class postage prepaid on the Z-l? day of ~ 2005 addressed to the following: Clark DeVere. Esquire Metzger, Wickersham. Knauss & Erb 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Ms. Suann Diffenbaugh 65 East Locust Street Mt. Holly Springs, PA 17065 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, 're Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lernoyne. PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel ::;;'1 .-...~ , i'.) r,,'" (j~ ' - SHERIFF'S RETURN - NOT FOUND . CASE NO: 2005-01963 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HICKEY JOEY ET AL VS DIFFENBAUGH SU ANN ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HIPPENSTEEL BRIAN K but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT , HIPPENSTEEL BRIAN K 216 AVON DRIVE CARLISLE, PA 17013 PER PSOT OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 3.70 5.00 10.00 .00 24.70 So answers:~ ..~_=:~:~~~-:c~ R. Thomas Kline Sheriff of Cumberland County METZGER WICKERSHAM 04/26/2005 Sworn and subscribed to before me this 3~ ) 2l'-{)S A.D. ~dh~~of?ry~'D~~J day Of~ ,~. SHERIFF'S RETURN - REGULAR CASE NO: 2005-01963 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HICKEY JOEY ET AL VS DIFFENBAUGH SU ANN ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS DIFFENBAUGH SU ANN was served upon the DEFENDANT , at 2010:00 HOURS, on the 21st day of April , 2005 at 65 EAST LOCUST STREET MT HOLLY SPRINGS, PA 17065 SU ANN DIFFENBAUGH by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 5.18 .37 10.00 .00 33.55 Sworn and Subscribed to before me this 3.......L day of J-iJo S IYl"" I C), 10' . O. 'rruL(h >, ~' rothonotary A.D. So Answers: ----'06~. 7- /.-....c"...... ;,::,.. //4 dr'" /~.. '''"__''^ :-"r'r~~ R. Thomas Kline 04/26/2005 METZGER WICKERSHAM By: /J/ JjJj' 'II A/Vf Deputy She~ JOEY HICKEY and NANCY HICKEY Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 05-1963 CIVIL TERM SUANN DIFFENBAUGH and ~RIAN K. HIPPENSTEEL, , Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on behalf of Defendant Brian K. Hippensteel, , land certify that I am authorized to do so. JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, ESqUl Supreme Court ill No. 43812 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Brian K. Hippensteel Date: 5" /~ I OJ- 326572-1 ,...> ~ ~1 .,,,,:, I Ul .....-;:~ -.; (vn (,]1 --------- ~~ METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hickey JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs vs. SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Clark De Vere, Esquire, hereby certify that the Complaint filed in the above-captioned action on July 5, 2005 was served upon Defendants as follows: Brian K. Hippensteel Su Ann Diffenbaugh Mailed by First Class Mail, postage prepaid to Defendant's counsel, John A. Statler, Esquire on July 1,2005 Mailed by Certified Mail and Regular Mail on July 1, 2005 - received on July 9, 2005 - See green return receipt card attached hereto and incorporated herein by reference as Exhibit" A" This Affidavit is made subject to the penalties of 18 Pa. es_ %4904 relating to unsworn falsification to authorities. 331733-1 METZGER, WICKERSHAM, KNAUSS & ERB By c.L la--c" Clark De V ere, Esquire Attorney LD. #68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: July 13, 2005 331733-1 7004 0550 0000 2625 7247 ~ Retwn fIIQoIpt ~-----,~~-._._--_. -----._---._-- ---------..-----.--------- I'- ::r ru I'- 1.11 ru -..II rut Postage $ IS 0...... Foe CJ Retum Reclept Fee CJ (Endo_Reciu'....) CJ Restricted Derlvery Fee Lt'} (Endorsement Required) 1.11 CJ Total Postage & Fees $ FF'C'Al ., ..J.U.\l . :;~ ''',:;;6'* .., \\ ;ooi:J) .~/ '-.. .... uSi's ::r CJ CJ I'- '.f.~M,J~j, "0 __'_'_~-<__'_ CERTIFICATE OF SERVJrCE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.c., .,;- hereby certify that I served a true and exact copy of an Affidavit of Service, with reference to the foregoing action by first class mail, postage prepaid, this 13th day of July, 2005, on the following: Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, P A 17065 Brian K. Hippensteel c/o John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P. O. Box 109 Lemoyne,PA 17043-0109 c ~ ,; --::::> Clark DeVere, Esquire 3J1733-1 -- L' r:-~ CJ c::: ::.~>- , S::: --'i -< '" -~ c.=> """ '- c-:- r o -" ---I :r: n"l:::!J -ahl i:J C:.J .)...... "':r.,l:.../ ;~~~ --_I ~:-1 .<. (....-, ""'(") =.:: r;y Co) -.J Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire 1.0. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant Brian K. Hippensteel JOEY HICKEY and NANCY HICKEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants : NO. 05-'1963 CIVIL TERM : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: JOEY HICKEY and NANCY HICKEY, Plaintiffs clo CLARK DeVERE, ESQUIRE Metzger, Wickersham, Knauss & Erb 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiffs MS. SU ANN DIFFENBAUGH, Defendant 65 East Locust Street Mt. Holly Springs, PA 17065 YOU ARE REQUIRED to plead to the within Answer With New Matter and Crossclaim within 20 days of service hereof or a default judgment may be entered against you. DATE: 8/1 lor- JO~E, ST ART & WEIDNER By: \ ~ John A. Statler, Esq re Attorney 1.0. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PI\, 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire 1.0. No. 43812 301 Market Street P. O. Box 109 lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.eom Attorneys for Defendant Brian K. Hippensteel JOEY HICKEY and NANCY HICKEY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : CIVil ACTION - lAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants : NO. 05-'1963 CIVil TERM : JURY TRIAL DEMANDED ANSWER OF DEFENDANT BRIAN K. HIPPENSTEEL TO PLAINTIFFS' COMPLAINT INCLUDING NEW MATTER AND CROSSCLAIM AND NOW, comes Defendant Brian K. Hippensteel, by his attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who file the following Answer Including New Matter and Crosselaim in response to the Plaintiffs' Complaint: 1. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 5. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the avennents in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 6. Denied. After reasonable investigation, answE,ring Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 7. It is admitted that Defendant Brian Hippensteel owned a 1999 Chevrolet K15bearing Pennsylvania Registration Plate No. EPV5504. Mr. Hippensteel had no knowledge that Ms. Diffenbaugh was operating the vehicle on March 4, 2005. 8. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 9. Denied_ After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemEld material. 2 10. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 11. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. COUNT I Joey Hickey v. Su Ann DiffenbauQh 12. Answering Defendant incorporates by reference his answers to the averments in paragraphs 1 through 11 of the Plaintiffs' Complaint as if set forth at length. 13-24. The averments in these paragraphs are directed to a Defendant other than the answering Defendant and, therefore, no response is required. WHEREFORE, Defendant Brian K. Hippensteel respectfully requests that Count I of the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of Defendant Hippensteel and against the Plaintiff with respect to Count I of the Complaint. COUNT II Joey Hickey v. Brian Hippens~ 25. Answering Defendant incorporates by reference his answers to the averments in paragraphs 1 though 24 of the Plaintiffs' Complaint as if set forth at length. 3 26. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that the collision was the direct and proximate result of any act or omission of Defendant Brian Hippensteel and denied that Defendant Brian Hippensteel allowed Defendant Su I~nn Diffenbaugh to operate the 1999 Chevrolet. By way of further answer, it is specifically denied that Defendant Hippensteel: a. Entrusted the motor vehicle to Defendant Su Ann Diffenbaugh when he knew or should have known that Defendant Diffenbaugh was incapable of operating the motor vehicle in a safe and lawful m3nner; b. Entrusted the motor vehicle to Defendant Diffenbaugh when he knew or should have known that Defendant Diffenbaugh was an incompetent and unsafe driver; c. Entrusted the motor vehicle to Defendant Diffenbaugh when he knew or should have known that Defendant Diffenbaugh would likely operate the vehicle in such as manner as to create an unreasonable risk of harm to other drivers on the roadway; d. Entrusted the motor vehicle to Su Ann Diffenbaugh when he knew or should have known that she had a suspended license at the time of the incident; e. Entrusted the motor vehicle to Su Ann Diffenbaugh when he knew or should have known of her intoxicated state; f. Allowed Su Ann Diffenbaugh access to his keys and vehicle when he knew of her suspended license and prior DUI conviction; and 4 g. Allowed an unauthorized/unlicensed person, namely Su Ann Diffenbaugh, to drive his vehicle in violation of 75 Pa. C.SA !l!l1574 and 1575 and applicable law. WHEREFORE, Defendant Brian K. Hippensteel demands that Count II of the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of Defendant Hippensteel and against the Plaintiff with respect to Count II of the Compiaint. COUNT III Nancv Hickev v. Defendants Su Ann Diffenbauah and Brian Hippensteel 27. Answering Defendant incorporates by reference his answers to the averments in paragraphs 1 through 26 of the Plaintiffs' Complaint as if set forth at length. 28. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's injuries, losses and damages, therefore, denies the same and demands strict proof at time of trial if deemed material. By way of further answer, it is specifically denied that the Plaintiff suffered any injuries, losses or damages as a result of any negligence, carelessness or recklessness of Defendant Hippensteel. 29. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore. denies the same and demands strict proof at time of trial if deemE,d material. 5 WHEREFORE, Defendant Brian K. Hippensteel respectfully requests that Count III of the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of Defendant Hippensteel and against the Plaintiff with respect to Count III of the Complaint. NEW MA TIER By way of additional answer and reply, Defendant Brian K. Hippensteel raises the following New Matters: 30. Some or all of the Plaintiffs' claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.SA ~1701, et seq.. and especially by ~~1705 and 1722 of that law. 31. Discovery may reveal that the Plaintiffs were limited tort electors or were otherwise bound by the limited tort option at the time of this accident and that the Plaintiffs have not suffered a "serious injury" as defined by the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. Discovery may reveal that the Plaintiffs have failed to mitigate their damages. 33. To the extent that some or all of the Plaintiffs' damages have been paid or are payable by insurance or some other form of payment or reimbursement, then claims for those damages are barred both by Section 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law and by the defense of payment. 6 34. Brian K. Hippensteel did not give permission to Su Ann Diffenbaugh to operate his vehicle on March 4, 2005. 35. Su Ann Diffenbaugh operated Brian Hippenstel~J's vehicle on the date of the accident without his knowledge or consent. 36. Brian Hippensteel had no knowledge that Su Ann Diffenbaugh was going to operate or had operated his vehicle on the date of the accident. WHEREFORE, Defendant Brian Hippensteel respectfully requests that the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of Defendant Hippensteel and against all other parties in this case. NEW MATTER IN THE NATURE OF A CROSSCLAIM AGAINST DEFENDANT SU .Il,NN DIFFENBAUGH By way of additional answer and repiy, Defendant Brian Hippensteel crossclaims against Defendant Su Ann Diffenbaugh as follows: 37. Defendant Hippensteel incorporates by reference the averments contained in paragraphs 1 through 11, 13 through 24 and 28-29 of the Plaintilfs' Complaint as if set forth at length. The facts contained in those averments are not admitted by Defe~ndant Hippensteel but are only incorporated and set forth for the limited purpose of this crossclaim. 38. If it is determined that the Plaintiffs are entitled to recover for some or all of their damages, which is denied, then Defendant Su Ann Diffenbaugh is solely liable to the Plaintiffs for those damages. 7 39. If it is determined that Defendant Brian Hippensteel is liable to the Plaintiffs for some or all of their damages, which is denied, then Defendant Su Ann Diffenbaugh is jointly and severally liable to the Plaintiffs and is liable over to Defendant Hippensteel for contribution and/or indemnification. WHEREFORE, Defendant Brian K. Hippensteel respectfully requests that the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiffs. In the alternative, if it is determined that the Plaintiffs are entitled to recover for some or all of their damages, which is denied, then Defendant Brian Hippensteel respectfully requests that judgment be entered solely against Defendant Su Ann Diffenbaugh. By way of further answer, if it is determined that Defendant Brian Hippensteel is liable to the Plaintiffs, which is denied, then Defendant Hippensteel requests judgment be entered against Defendant Su Ann Diffenbaugh for joint and several liability and for liability over to Defendant Brian K. Hippensteel for contribution and/or indemnification. Respectfully submitted, JO DUFFIE, STEWART & WEIDNER JOh"~S?~ - Attorney I.D. No. 43812 301 Market Street P.O. Box 10~g Lemoyne, Pill 17043-0109 Telephone ('117) 761-4540 Attorneys for Defendant Brian K. Hippensteel By: DATE: 8 If /0 J : 254513 8 VERIFICATION I, BRIAN K. HIPPENSTEEL, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. 94904, relating to unsworn falsification to authorities. DATE: CERTIFICATE OF SERVIC~ I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer of Defendant Brian K. Hippensteel to Plaintiffs' Complaint Including New Matter and Crossclaim upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the l.s -i-- day of A \J I v s L , 2005 addressed to the following: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Ms. Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs. PA 17065 JOHNSON, DUFFIE. STEWART & WEIDNER B'\s John A. Statler, Es . Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel ), ~ (~) ~f1 --< -c ;-r, n '-' ~ t r-' (:j r<' G~; Metzger. Wickersham, Knauss & Erb, P.c. By: Clark DeVere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, P A 1711 0-0300 (717) 238-8187 cdv(@,mwke.com Attorneys for Plaintiffs JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND CROSSCLAIM OF DEFENDANT, BRIAN K. HIPPENSTEEL 30. Conclusions oflaw, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.c.P. No. 1029(e). The New Matter does not aver with specificity how the stated provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law bar in whole or in part or limit Plaintiffs' claims. By way of further reply, Plaintiffs can recover under 75 Pa. C.S.A. % 1705( d)(1 )(i). 31. Conclusions of law, no reply required. Ifa reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiffs can recover pursuant to 75 Pa. C.S.A. % 1705(d)(1 )(i). Furthermore, the issue of #333165 whether Plaintiffs suffered a "serious injury" is a jury question under the facts and circumstances of this case. 32. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e)_ Plaintiffs have taken the reasonable steps to mitigate their damages. 33. Conclusions of law, no reply required. If a reply is required, some of Plaintiff s medical expenses have been paid by motor vehicle insurance and those expenses may not be recoverable pursuant to Section 1722 of the Pennsylvaaia Motor Vehicle Financial Responsibility Law. However, it is specifically denied that all of Plaintiffs' damages have been paid or are payable by a form of insurance for which there is no recovery. The averments are also denied pursuant to Pa. R.C.P. No. 1029(e). 34. Conclusions oflaw, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, see Plaintiffs Complaint which is incorporated herein by reference. By way of further reply, the Defendaats were engaged, living at the same address, had joint access to the vehicle, and there was other indicia of permission. 35. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No.1 029( e)_ By way of further reply, see Plaintiffs Complaint which is incorporated herein by reference. By way of further reply, the Defendants were engaged, living at the same address, had joint access to the vehicle, and there was other indicia of permission. 36. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuaat to Pa. R.C.P. No.1 029( e). By way of further reply, see -2- #333165 Plaintiffs Complaint which is incorporated herein by reference. By way of further reply, the Defendants were engaged, living at the same address, had joint access to the vehicle, and there was other indicia of permission. WHEREFORE, Plaintiffs, Joey Hickey and Nancy Hickey, demand that Defendant's New Matter be dismissed and that judgment be entered in their favor as requested in the Complaint filed in this action. PLAINTIFFS' REPLY TO CROSSCLAIM BY DEFENDANT HIPPENSTEEL AGAINST DEFENDANT DIFFENBAUGH 37-39. The averments in these paragraphs are directed to Defendant Diffenbaugh and not to Plaintiffs. Therefore, no reply required. It is the contention of Plaintiffs that both Defendants are liable, either individually and/or jointly and severally, for the reasons set forth in the Complaint which is incorporated herein by reference. WHEREFORE, Plaintiffs, Joey Hickey and Nancy Hickey, demand that judgment be entered in their favor and against Defendants, either individually and/or jointly and severally, as requested in the Complaint filed in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: C ('~ Clark DeVere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: <K / f( /0S' . -3- #333165 VERIFICATION I, Joey Hickey, hereby certify that the following is correct: The facts set forth in the foregoing Plaintiffs' Reply to New Matter and Crossclaim of Defendant, Brian K. Hippensteel, are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs' Reply to New Matter and Crossclaim of Defendant, Brian K. Hippensteel, is that of counsel and not my own. I have read the Plaintiffs' Reply to New Matter and Crossclaim of Defendant, Brian K. Hippensteel, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Plaintiffs' Reply to New Matter and Crossclaim of Defendant, Brian K. Hippensteel, is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiffs' Reply to New Matter and Crossclaim of Defendant, Brian K. Hippensteel, are made subject to the penalties of 18 Pa. C.S.A. g4904 relating to unsworn falsification to authorities. Dated: 0/;::- /oS/ #JJJI65 VERIFICATION I, Nancy Hickey, hereby certify that the following is correct: The facts set forth in the foregoing Plaintiffs' Reply to New Matter and Crossclaim of Defendant, Brian K. Hippensteel, are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs' Reply to New Matter and Crossclaim of Defendant, Brian K. Hippensteel, is that of counsel and not my own. I have read the Plaintiffs' Reply to New Matter and Crossclaim of Defendant, Brian K. Hippensteel, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content ofthe Plaintiffs' Reply to New Matter and Crossclaim of Defendant, Brian K. Hippensteel, is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiffs' Reply to New Matter and Crossclaim of Defendant, Brian K. Hippensteel, are made subject to the penalties of 18 Pa. C.S.A. %4904 relating to unsworn falsification to authorities_ Nanc Dated: 8'S,os #333165 CERTIFICATE OF SERVICE AND NOW, this /J~ay of August, 2005, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served a copy of the within Plaintiffs' Reply to New Matter and Crossclaim of Defendant, Brian K. Hippensteel, this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner P. O. Box 109 Lemoyne, PA 17043-0109 Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, P A 17065 ~ Clark De V ere, Esquire #333165 n ~C' ~ % :r': ~ __"\i,:,.:: ~;;',' .,/r" ~) C', ," ::~: \;':":'---' ~\~~,"~ . .~ ...<: - N Q, ~"? -cO <:n -;)\..( ?~?\q, --,~ ......n qt7. ",,",)f '~,\ ?~ ."'" -"'. -:>>- ,-,) .' - - - Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire 1.0. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant Brian K. Hippensteel JOEY HICKEY and NANCY HICKEY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs v. : CIVil ACTION - LAW : NO. 05-1963 CIVil TERM : JURY TRIAL DEMANDED SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants 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 Notice 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: L DATE: Shg IDS John A. Statler, Esquire Attorney 1.0. No. 43812 301 Market Street P.O. Box 109 lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire 1.0. No. 43812 301 Market Street P. O. Box 109 lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant Brian K. Hippensteel JOEY HICKEY and NANCY HICKEY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs v. : CIVil ACTION - LAW : NO. 05-1963 CIVil TERM : JURY TRIAL DEMANDED SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Joey Hickey, Plaintiff c/o Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 PLEASE TAKE NOTICE that Defendants intend 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. By: John A. S Esq Attorney 1.0. No. 301 Market Street P.O. Box 109 lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel JO DATE: 7/ 2. i /0 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOEY HICKEY and NANCY HICKEY, Plaintiffs vs. File No. 05-1963 sU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Aooalachian Orthooedic Center. 1 Dunwoodv Drive. Carlisle. P A 17013 (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 Joey Hickey; D.O.B.: 08-17-1943; Social Security No.: 074-34-1088. at John A. Statler. Esquire. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. 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: John A. Statler. Esquire. Johnson. Duffie. Stewart & Weidner. P .C. ADDRESS: 301 Market Street Lemovne. PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendant. Brian K. Hippensteel By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOEY HICKEY and NANCY HICKEY, Plaintiffs vs. File No. 05-1963 SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Three SIlrin2s Familv Practice. 303 North Baltimore Avenue. Mt. Hollv Snrin2s. PA 17065 (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, MRl reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Joey Hickey; D.O.B.: 08-17-1943; Social Security No.: 074-34-1088. at John A. Statler. ESQuire. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. 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: John A. Statler. Esouire. Johnson. Duffie. Stewart & Weidner. P .C. ADDRESS; 30 I Market Street Lemovne. PA 17403 TELEPHONE; (717\ 761-4540 SUPREME COURT ID # 43812 A TIORNEY FOR; Defendant. Brian K. Hinnensteel By the Court: DATE; Prothonotary Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOEY HICKEY and NANCY HICKEY, Plaintiffs vs. File No. 05-1963 SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: The Brethren Mutual Insurance Comnany. 149 North Edgewood Drive. Hagerstown. MD 21740 (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 documents induding entire first-party benefits file, all memoranda, reports, statements, medical records, phone messages, adjuster notes, expert reports, policy information and any other information pertaining to insured Joey Hickey; D.O.B.: 08-17-1943; Social Security No.: 074-34-1088; Claim No.: 3240001; D.O.L.: 03/0412005. at John A. Statler. ESQuire. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. 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: John A. Statler. ESQuire. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 30 I Market Street Lemovne. P A 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendant. Brian K. Hinoensteel By the Court: DATE: Prothonotary Seal of the Court Deputy CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the ~ ~ of '\..,1 Ii f 'f ,2005 addressed to the following: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Ms. Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, PA 17065 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. r E uire Attorney I.D. No. 812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the /g~day of r ,2005 addressed to the following: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Ms. Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, PA 17065 JOHNSON, DUFFIE, STEWART & WEIDNER By: \?~ John A. Statler, Esquire Attorney 1.0. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel (") c: -n~' n"C'\ ~,l" J~ th ~ '~.2, 5~c: ~;.; ::.:: ,.., ,,0> '3? ?' c::: U--, N N .". % 9 r:- o Q. :!,"'l'1 "'f":. -o\3J -0'>: t)o :;:\:r~ gh ?-(\l. ~:3 ;B: a. ---- JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED PI AINTIFFS' PRAF,CIPR FOR RNTRV OF OF.FAITl.T .TTmGMENT AGAINST ORFF.NOANT SIT ANN nTFFENRAITGH TO THE PROTHONOTARY: Please enter judgment of default in favor of the Plaintiffs and against Defendant Su Ann Diffenbaugh for said Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant Su Ann Diffenbaugh was personally served with a Writ of Summons by the Sheriff on April 21, 2005. A Complaint was mailed to Defendant Diffenbaugh by certified mail, return receipt requested on July I, 2005 which was received by her on July 9,2005 and her Answer was due to be filed on July 29,2005. To date, Defendant Su Ann Diffenbaugh has not filed or served an Answer to Plaintiffs Complaint. Attached as Exhibit "A" is a copy of Plaintiffs' Written Notice of Intention to file a 334846-1 - 2 - ..; Praecipe to enter judgment by default, which I certify was mailed by certified mail, return receipt requested and by regular mail to Defendant Su Ann Diffenbaugh at her last known address on August 4, 2005, which is after the default occurred and at least 10 days prior to the filing of this Praecipe. A copy of the transmittal letter, envelope addressed to Su Ann Diffenbaugh showing the certified mailing was "Unclaimed" and certificate of mailing evidencing such service are attached hereto as Exhibit "B". Damages are to be assessed at trial. METZGER, WICKERSHAM, KNAUSS & ERB, P.c. Dated: 8 - 2(,-c.b By: ~./ Clark De ere, squire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs 334846 -1 - 2 - t xA ;bi1 ;r JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED To: SlI Ann Diffp.nh"lIgh (Defendant) Date of Notice: August 4, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800) 990-9108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: August 4, 2005 By: ~ Clark De V ere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs JOEY HICKEY and NANCY HICKEY, IndividuaIly and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED CFRTTFTC'ATF OF SFRvrCF AND NOW, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.c., attorneys for Plaintiffs, hereby certifY that I served the foregoing Important Notice this day by depositing the same in the United States mail as follows: rertifierl anrl n>{?,lar Fir.t ria.. mail Su Ann Diffenbaugh 65 East Locust Street Mt. HoIly Springs, P A 17065 Fir.t rIa". Mail Brian K. Hippensteel c/o John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P. O. Box 109 Lemoyne,PA 17043-0109 Dated: August 4, 2005 Ki;;:;Y Clark De V ere, Esquire --- !?Yh;b,--f ('3 >L ((] August 4, 2005 3211 North Front Street PO. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 VIA CERTIFIED MAIL, RETURN RECEIPT REOUESTED AND FIRST CLASS MAIL Other Office!; Colonial Park Lancaster 717-652-7020 717-431-0138 Mechanicsburg Millersburg 717-691-5577 717-692-5810 Shippensburg York . 717-530-7515 717-843-0502 Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, P A 17065 (G Re: Joey Hickey and Nancy Hickey v. Su Ann Diffenbaugh and Brian K. Hippensteel No. 05-1963 Civil Term; Cumberland County, Pennsylvania Dear Ms. Diffenbaugh: r You are herewith served with Plaintiffs' written notice of intent to file a Praecipe for Judgment by Default for your failure to respond to the Complaint, served on you on or about July 9,2005. Your response was due twenty days after service of the Complaint, or July 29,2005. This Notice and letter have been sent certified and regular mail to ensure your receipt. Sincerely, V METZGER, WICKERSHAM, KNAUSS & ERB, P.c. Clark DeVere CDV:sks Enclosure cc: John A. Statler, Esquire (w/encl.) 333249-1 James F. Carl Edward E. Knauss, IV"" Jered L. Hock Steven P. Miner Clark DeVere Francis J. Lafferty, IV David H. Martineau Andrew W. Norfleet .. Board Certified in civil trial law and advocacy by the National Board ,,(Trial Ar!7lnrl1rll QOCf: \ U <:<>~ """~ ~. S;O'lCIJ ;1"CJ'Ic :r:m)> o Cl ::J =~:J '< ClJrO '0 0 -. .., C') (!l=ll 0.<:: en ::J -0- ;j')Cl cnO;t>=tC :!leg. 0000 ~ '2Z2lo_ ~=:O-.o(Z: :IloOcnrri~ l:DrnC'i:"n ::;;!::~~~ -1C::z:ITI~ O~c::crn O-n:llo==Z~ ,,",,"0 :ar-rn-l> ~:~=--g :rJcnCl')~:C c:nll.~:e~ om~ ~~ ~~~ @ ~ .; " ;;.'I'~.I~ ?C _I <::._ ;;1>1 ~<". ' 'CIcci "-'7'1 :" ~I ~ ~ '" " t 0) :r:-ow w . N ~ 0;:: Iii" t:::tjz 0"0 C X 0 cJq' fJJ::/. , W 0" -00,," >- 06 ~ " " ~ ~ CJl ~ q- '? ro o ro W ~ o o ~ CJ CI -'0 CJ U'1 U'1 CJ CI CI CJ CJ n.J [T" n.J U'1 ~ n.J ...lI n.J , 0: ~ 7?04 0550 0000 ~i~m~~ ;j m:D.... fg:~.: '" ~ il~ ~ ;t' ~ ~O ~ 0_ 0 Jti: l'l.i 5"" "U ~Q: iiIi' ~i~,~i" 1 ~~ H .... OJ....... o....d) a:u .0 ~ :'-" .. i'~::Ulf! .. rft I J-l. ./Jill 1lI~ ~ , ""..... ?l 5." ~~ ~ ,.i Vj;;- ~ !if Ii " if "'," ~ * .'f 1U10'" ~ tr 00: IU Jr r-r!c:: . 100 ~:gi'" VI. top ci ~. 00' ~ "1 Cf CI:l! ...: nl , ,.,' i:l roi ~'" ! rti J.. ! ~ i a-- : r j CERTIFICATE OF SERVICE AND NOW, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiffs, hereby certifY that I served the foregoing Plaintiffs' Praecipe for Entry of Default Judgment against Defendant Su Ann Diffenbaugh as follows: Certifieel "Bel regnhr Fir"! Ch"" m"il Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, P A 17065 Fir"! Cl""" M"il Brian K. Hippensteel c/o John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P. O. Box 109 Lemoyne, P A 17043-0109 Dated: August 26, 2005 c r'/ ~ Clark DeVere, Esquire D ~ i ;d ~ tl 1 () c R w ~ () !"'-..') C) ..... (:~ g; ~ ( ..~.:> -n ~Jl ---j - ::r: ~ ~ 6"- r- rn Q.r "-t:. c., .... ~ co P:: -..-. "-z:- _.... -. ---I .. ~f; (.) C) --< METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Naacy Hickey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN mFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Plaintiff certifies that (I) a notice of intent to serve subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, are attached to this certificate, (3) no objection to the subpoenas has been received, and (4) the subpoenas, which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoena. 342035-1 Dated: Novemberb1'f, 2005 342035-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~~ Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff METZGER, WICKERSHAM, P.c. By: Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hickey JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs vs. SU ANN mFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve subpoenas, identical to the two that are attached to this notice, upon the Mount Holly Springs Borough Police Department and the Cumberland County District Attorney's Office. 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 subpoenas. If no objections are made, the subpoenas may be served. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Dated: November.1.., 2005 339926-1 ~& Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland County District AttorneY's Office. Central Processinq Department. 1 Courthouse Square. Carlisle. PA 17013 (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 ali certified copies of all investiqation notes. photoqraphs. videotapes. statements. blood alcohol testinq or other testinq for aicohol and/or controlled substances pertaininq to the criminal records and/or charqes of Su Ann Diffenbauqh. DOB: 7/08/66; for an accident that took place on March 4. 2005; Criminal Action Number; OTN No. l228473-0 specifically but not limited to. any bookinq videotape and/or interview taken of Su Ann Diffenbauqh. at Metzqer. Wickersham, Knauss & Erb. P.C., Attention: Sandy. 3211 North Front Street. Harrisburq. Pa 17110-0300 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 reasonabie cost of preparing the copies to produce 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: Clark DeVere, Esquire Address:3211 North Front Street. Harrisburq. Pa 1711 Telephone Number:717-238-8187 Supreme Court 10 # 68768 Attorney for: Plaintiffs BY THE COURT: Prothonotary/Clerk. Civil Division Date: Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1963 CIVIL TERM CIVIL ACTION ~ LA W SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mount Holly Sprinqs Police Department. 200 Harman Street. Mount Holly Sprinqs. PA 17065 (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: all accident reoorts. accident reconstruction renorts. criminal investigative documents. witness statements. originals and/or actual reoroduction of ohotocraohs and videotaoes. motor carrier insoection revorts. investil!ator notes. diagrams. drawings. criminal records and filine:s. affidavits of orobable cause. search warrants. DUI booking videos. physical evidence. etc.. pertaining to the incident occurring on South Baltimore Avenue. Mount Holly Springs Borough. Cumberland County, Pennsylvania on March 4,2005, Incident Number 05-053. at Metzqer. Wickersham. Knauss & Erb. P.C.. Attention: Sandy. 3211 North Front Street. Harrisburq. Pa 17110-0300 You may deliver or mail iegible 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 to produce 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: Clark DeVere. Esquire Address:3211 North Front Street. Harrisburq. Pa 1711 Telephone Number:717-238-8187 Supreme Court ID # 68768 Attorney for: Plaintiffs BY THE COURT: Prothonotary/Clerk, Ciyil Division Date: Seal of the Court Deputy CERTIFICATE OF SERVICE I, Sandra K. Spade, an employee of Metzger, Wickersham, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) indicated below by sending same in the United States mail, postage prepaid, as follows: Defendant, Brian K. Hippensteel c/o JOM A. Statler, Esquire JOHNSON, DUFFIE, STEW ART & WEIDNER 301 Market Street P. O. Box 109 Lemoyne,PA ]7043-0109 Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, P A 17065 .G-. Dated: November 1,2005 339926-1 CERTIFICATE OF SERVICE I, Clark De V ere, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, postage prepaid, as follows: Defendant, Brian K. Hippensteel c/o John A. Statler, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P. O. Box 109 Lemoyne,PA 17043-0109 Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, P A 17065 (,O~9 Clark DeVere Dated: Novembe~, 2005 342035-1 ,. (-) ':'\'1 :::1 f-, t,) r-') , _1-' ~" . ~ Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant, Brian K. Hippensteel JOEY HICKEY and NANCY HICKEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants : NO. 05-1963 CIVIL TERM : JURY TRIAL DEMANDED MOTION FOR SUMMARY JUDGMENT OF DEFENDANT BRIAN K. HIPPENSTEEL AND NOW, comes Defendant, Brian K. Hippensteel, through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and moves for Summary Judgment upon the following: 1. The Plaintiffs in this action are Joey Hickey, an adult individual, and his wife, Nancy Hickey, an adult individual, who reside at 25 Yates Street. Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant, Su Ann Diffenbaugh, is an adult individual residing at 65 East Locust Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. Defendant, Brian K. Hippensteel, is an adult individual residing at 65 East Locust Street. Mount Holly Springs, Cumberland County. Pennsylvania 17065. 1 .. . 4. The Plaintiffs filed a Writ of Summons against Defendant Hippensteel on April 18, 2005. 5. The Plaintiffs filed a Writ of Summons against Defendant Diffenbaugh on April 18, 2005. 6. Plaintiffs filed their Complaint in this action on approximately July 1. 2005. 7. Defendant Hippensteel filed an Answer with New Matter and Cross Claim on August 2, 2005. 8. Plaintiffs issued a Reply to New Matter and Cross Claim of Defendant Hippensteel on approximately August 8, 2005. 9. Plaintiffs filed a Praecipe for Entry of Default Judgment against Defendant Diffenbaugh on August 26, 2005. 10. On August 30, 2005. the Cumberland County Prothonotary entered a default judgment against the Defendant Diffenbaugh. 11. Pleadings in this action are now closed. 2 ~ ;; 12. Plaintiff filed the above-captioned action against the Defendants, Brian K. Hippensteel and Su Ann Diffenbaugh, for personal injuries arising out of a motor vehicle accident which occurred on March 4, 2005 at approximately 4:45 p.m. 13. Plaintiffs' Complaint claims that the Defendant, Su Ann Diffenbaugh, was operating Defendant, Brian K. Hippensteel's, Chevrolet Suburban northbound on Yates Street approaching the intersection of South Baltimore Avenue when she struck the rear of the Plaintiffs' automobile. 14. Plaintiffs' Complaint claims that the Defendant, Brian K. Hippensteel, negligently entrusted his vehicle to the Defendant, Su Ann Diffenbaugh. 15. Plaintiffs' Complaint at Count /I claims that the collision between the Plaintiffs and the Defendant, Su Ann Diffenbaugh, is the direct and proximate result of the Defendant, Brian K. Hippensteel, permitting Ms. Diffenbaugh to operate his vehicle even though he knew she would likely operate the vehicle in such a manner as to create an unreasonable risk of harm to others. Plaintiffs' Complaint ~26. 16. Plaintiffs' Complaint at Count III also alleges a claim for loss of consortium against the Defendant, Brian K. Hippensteel, and the Defendant, Su Ann Diffenbaugh, on behalf of Nancy Hickey. Plaintiffs' Complaint ~28. 17. At the deposition of Su Ann Diffenbaugh, she testified that at no time during the two to three year period that she dated Brian K. Hippensteel did she ever use or was authorized to use any of his vehicles. Diffenbaugh Depo. at page 17, line 21-23. A true and correct copy of the deposition of Su Ann Diffenbaugh is attached herewith as Exhibit "A." 3 " ~ 18. Su Ann Diffenbaugh went on to testify that March 4, 2005, the day of the accident, was the first time that she had ever used one of Brian K. Hippensteel's vehicles. Diffenbaugh Depo. page 49, line 3-11. 19. She also testified that Brian K. Hippensteel had communicated to her that he did not want her driving any of his vehicles. Diffenbaugh Depo. page 50, line 5-19. 20. Ms. Diffenbaugh also testified at her deposition that she did not have Mr. Hippensteel's permission to drive his vehicle on the day of the accident and that Mr. Hippensteel was not aware that she would be driving any of his vehicles on the day of the accident. Diffenbaugh Depo. page 51-52, line 23-25, 1-4. 21. Brian K. Hippensteel testified during his deposition that during the two to three years that he lived with Su Ann Diffenbaugh at no time did she ever operate or have permission to operate any of his vehicles. Hippensteel Depo. page 15, line 10-22. A true and correct copy of the deposition of Defendant Hippensteel is attached herewith as Exhibit "B." 22 Brian K. Hippensteel further testified during his deposition that on March 4, 2005, the day of the accident, Ms. Diffenbaugh did not have his permission to operate his vehicle nor did he know that Ms. Oiffenbaugh was going to operate his vehicle. Hippensteel Depo. page 21-22, line 21- 25,1-2. 23. The Plaintiffs, Joey Hickey and Nancy Hickey, did not present any evidence in their depositions that Mr. Hippensteel gave permission to Ms. Oiffenbaugh to operate his vehicle. A true 4 and correct copy of the depositions of Joey Hickey and Nancy Hickey are attached herewith as Exhibits "0" and "E." 24. The Plaintiffs hired John Shinkowsky of Shinkowsky Investigations to find any potential witnesses or other information that would support the Plaintiffs' claim that Mr. Hippensteel allowed Ms. Diffenbaugh to use his vehicles. A true and correct copy of the Shinkowsky Investigation Report is attached herewith as Exhibit "C." 25. Mr. Shinkowsky was unable to find any witnesses or other information to support that Ms. Diffenbaugh was generally permitted to drive Mr. Hippensteel's vehicles or that she drove Hippensteel's vehicle, with his permission, on the day of the accident. 26. Furthermore, Plaintiffs cannot present any evidence that Mr. Hippensteel knew or should have known that Ms. Diffenbaugh was impaired and likely to use his vehicle in such a manner as to create an unreasonable risk of harm to others on the day of the accident. 27. Pennsylvania Rule of Civil Procedure 1035.2(2) states that it is appropriate to bring a Motion for Summary Judgment if, "after the completion of discovery relevant to the motion . . . an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury." 28. Discovery in this matter is now complete and the Plaintiffs have failed to put forth evidence essential to make out a prima facie cause of action for negligent entrustment against the Defendant, Brian K. Hippensteel. 5 r-I h,~lt fr .' ., 3 1 2 ' 3 JOEY HICKEY and IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA CIVil ACTION - lAW 1 STIPULATION 2 It is hereby stipulated by and between counsel 3 , for the respective partIes that signing, sealing, 4 certification, and filing are hereby waived; and that all 5 objections except as to the form of the question are 6 reserved to the time of trial. 4 NANCY HICKEY 5 6 vs. 7 ' 8 9 10: 11 12 13 : No. 05-1963 ij('~'~ py ~Ol. SU ANN DIFFENBAUGH and 3:36 p.m. SU ANN DIFFENBAUGH, BRIAN K. HIPPENSTEEL 9 10 11 12' 13 MR. DEVERE: Before we start, you're not 14 represented by anybody in this room, okay. So I'm going to 151 just explain a little bit about the process with the 16i deposition transcripts. You have a right to review and 17. sign your deposition transcript after it's done. What will , 181, happen is the court reporter will type up what you've 19! testified to today, and jf you want to review it after 20' she's done typing it, she'll send it to you in the mail. 21 You have thirty days to review it, make any corrections and 22 then send it back. Do you wish to do that? 23 THE WITNESS: No. 24: DIRECT FXAMINA TION 25' BY MR. DEVERE: SU ANN DIFFENBAUGH called as a witness, having been duly sworn or affirmed, testified on her oath as follows, to wit: Deposition of Taken by Before Clark DeVere, Esquire Brenda J. Pardun, RPR Court Reporter October 19, 2005 14, 15i 16 Date Place Law Office 301 Market Street Lemoyne, Pennsylvania 17i 18' COUNSEL PRESENT 19i METZGER. WICKERSHAM, KNAUSS & ERB, P.C. Clark Devere, Esquire 20, 3211 North Front Street P. O. Box 5300 21' Harrisburg, Pennsylvania 17110.0300 For Plaintiffs 22. 231 24i 25 JOHNSON, DUFFIE. STEWART & WEIDNER, P,C. John A. Statler, Esquire 301 Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 For Mr. Hippensteel __~=~___ I 41 2 1 2 SU ANN DIFFENBAUGH 3! i 4 ! 1 Q Will you tell us your full name? 2 , A Su Ann Diffenbaugh. 3 i Q Now, Su Ann, one word, two? 4 A It's S~u A-n~n. 5 Q And how do you spell your last name? 6 A D-i-f-f-e-n-b-a-u-g-h. 7 Q Let me go over a few instructions before we get 8 into the heart of the deposition here. First of all, if 9 you don't hear a question that I ask, let me know, and I'll 101 repeat it for you. All right? , 11 A Urn-hum. 121 Q My second instruction, ask you to answer all my 13 i questions verbally. 14 A Okay. 15 Q And avoid nonverbal types of communication, like 16 urn-hums and nods of the head and hand gestures. All right? , 17 A Okay. 18 Q Another instruction is please let me finish my 19 i question before you give your answers so both of us are not 20: talking at the same time. 21 A Okay. 221 Q And if you need to take a break, feel free to 231 tell me, and we'll take a couple minutes. Okay? 24 A All right. 251 Q Now, I am going to ask you a couple questions EXAMINATION INDEX DIRECT BY MR. DEVERE 3 CROSS BY MR. STATLER 51 5 6 7 8 9 10 111 12i 13: 141 15 16 EXHIBIT INDEX (No exhibits marked.) 171 18\ 19 201 21 i 221 23'! 241 25, " . . 1 i that are personal types, but I need to get some background 2 i information. 3 41 ! 5 '! Q And your social security number? Okay. What is your date of birth? A 7/8/66. 6 ' A 210-60-0504. 7 Q And your current height? 8 A Five-five. 9 Q And your current weight? 10 A About a hundred sixty-five. 11 Q Now, at the time of the accident, did you-did 12 you basically weigh the same weight or did you gain weight 131 or lose weight? 14\ A Basically the same. 15 Q Where do you currently reside? 16 A I live between Brian's house and my mom's house. 17 Q What's Brians address? 181 A 65 East Locust Street, Mount Holly, 19 Pennsylvania. 20', Q When you refer to Brian, you're referring to 21 Brian Hippensteel? 22! A Yes. 23: Q And what's your mom's address? 24 A 632 North Wesl Street in Carlisle. 25i Q Okay. How long have you had this like dual residence where you split residences? How long have you 2 i been doing that? 3 A 1 don't know. A year - well, since, what, 4 January. 5 Q Since January of 'OS? 6 A Right. 7 I Q Before January of '05, where did you live? 8 THE WITNESS: What was that address? 9 II MR. STATLER: You can't ask him questions. 10 i A I don't remember what the address was. It was in 11 Carlisle. 12, Q Okay. All right. And did you live with 131 Mr. Hippensteel? I 141 A Yes, I did. 15 Q How long did you live with him at that prior 16 Carlisle address? 17 A Three years. 18 Q Where did you live before that? 19 A Seven Longstreet Drive. 20 Q Where's that? 21 A Carlisle, 22 Q Who did you live there with? 23 A My ex-husband. 24 Q What's his name? 25 A What's that have to do with anything here? 5 6 ? 1 Q We're going to check out some things. so I'm 2 going to need names and information on that. 3 A Jonas Diffenbaugh. We've been divorced for three 4 years, so -~ 5 Q And how long did you five at that Longstreet 6 address? 7 A Five years. 8 Q So you met Mr. Hippensteel, then -- let's see, 9 would be approximately 2oo2? 10 A '1. It was 2001. 2001 -- 2000 -- I think it was 11' 2001, 12: Q 2001. Okay. 131 And -- and at the time that you met him, were you 14 stitlliving at the Longstreet address? 15 A No. 16! Q Okay. Where were you living at the time you met 17' him? 18 A With my mother. 19 Q Okay. At the 632 North West -- 20 A No. She lived on Spring Road in Carlisle then - 211 not Spring Road. I'm terrible with addresses. ('m trying 22: to think what's the name of the road. I don't know. I 23 mean 1 could take you there, but I don't know the road i 241 name. 251 Q What's your mom's name? 8 1 2 3 4 5 6 7 8 9 10 11 , 12 , 13 14, 15: 16 17 18'! : 19' 20 21 ,22 23 24, 25! A Pam Kuhn? Q And how do you spell her last name? A K~u-h-n. Q Anybody else live with you at the -- the Carlisle address in 20017 A My grandmother. Q And what's her name? A Audrey Maxwell. And my two children. Q Okay. All right. And what are the names of your two children? A Jonas Junior and Julia. Q Howald is Jonas Junior? A Eleven. Q Howald is Julia? A Eight. Q Anybody else live with you at that address? A No. Q How did you meet Mr. Hippensteel? A Through a friend. Q Now, back in 2001, when you first met him, did you have a car? A No. Q How did you get around? A I don't have my driver's license. People give me rides, my mom, mostly. _____J . .- 9 11 Q Were you working back in 2001? 1 A In Carlisle. 2' A Yes. 2 Q Was that your first DUr? , , 3 i Q Where were you working? 3 A No. That was my second. 4 A Sprint. 4 Q Where was your first DUI? 5 Q Which Sprint? 5 A Carlisle. 6 A In Carlisle. 6 Q Okay. What year? 7 Q Okay. How did you get to work? 7 A It's been ten years, eleven years. 8 A My mother. 8 Q So about '89, '90 -- '87, '88? 9 Q And it was a full-time job? 9 A Right, right in there. 10 A Yes, it was. 10, Q Now, for the first our -- ever had any more than 11 Q Worked five days a week? '11 those ours before this point? 12 A Yes. 12 A No. 13, Q And mom would take you to and from work? 13 Q First QUI, did you get ARD or how did that work? 14\ A Yes. 14 A I had ARD. 90t fined. 15i Q All right. Did you -- have you ever owned a 15 Q Did you lase your license? 16 vehicle since 2001? , 16! A Yes. 17 A No. 17' Q How long did you lose your license? 181 Q When's the last time you owned a vehicle? 18 A A year. 191 A It wasn't in my name; it was in my husband's 191 Q Do you remember what your blood alcohol content 20, name. That was probably -- maybe '98. 20 or BAC was? 21 ' Q And when did you last have -- you said it was in 21 : A I have no idea. 22 your husband's name? 22 Q All right. And you say you lost your license for , 23, Then you get your second DUI in, you said, '98? 23' A Yes. a year. 24 Q When did you last drive that vehicle? . 241 A Right around in there, '98. 25, A Probably the year -. maybe 1999. 25 Q And what happened -. what happened with that I 10 12 1 Q Okay. All right. So you have not had any kind 1 charge? I 2 of ownership or continuous operation of a vehicle since 2 A I lost my license for five years. 3' 1999; is that correct? 3 Q Were there any kind of - any kind of jail time I for that? 4' A Yes. 4 5 Q You meet Mr. Hippensteel in 2001? 5 A Thirty days. 6 A Um~hum. Yes. 6 Q Where did you do your time? 7 Q You start dating? 7 A Cumberland County. 8: A Ri9ht. 8 Q So you lost your license for five years in 98, I 9 Q What kind of vehicle did he own at the time? 9 ' that would take us up to 2003. Were there other traffic 10 A A van. 10 charges or citations? 11 Q Do you remember what kind of van it was? 11 A No, that's not right, because I was - would have 12\ A No. i 121 got my license back this June, June of 2006, so -- I mean, 131 Q While you were dating, did he ever let you drive \, 131 I lost it for five years, so maybe it was 2000, 2001. 14 his van? 14 Q Other than the two DUls, have you had other 15\ A No. 15! traffic offenses? 16 Q And you said something about not having a 16' A No. 17: license? 17 Q No speeding tickets? 181 A Ri9ht. 18'! A No. 19 Q When's the last time you had a driver's license? 19! Q No other type of offenses? 20i A Probably 1999. 20 A I think I got one speeding ticket one time. 21i Q Why did you tose your license? 21 Q Other than DU1, do you have any other criminal 22! A DUI. 22 record? 23 Q When was your DUI? 23 A When I was like 21, I was sitting in a car, and I 24 A '98, maybe. 24 got conspiracy to sell marijuana. 25 Q Where were you arrested? 25 Q And what happened with that charge? Were you ARD . . . 13 15] : through that or-. 1 A My children would be there, part time, and his 21 A No. I did thirty days for that. 2 two sons. I 3 Q Any other criminal charges? 3 Q What are his two sons' names? 4 A No. 4 A Curtis and Brandon. 5 Q Where was the conspiracy? What-- 5 Q How old is Curtis? 6 A Carlisle. 6 A Curtis is now nineteen. 7 Q And you did your thirty days at Cumberland 7 Q How old is Brandon? 8 County? 8 A Brandon's sixteen. 9 A Right. 9 Q Is Curtis and Brandon still Ii'l/ing there? 10' Q All right. Now, at the time that you first 10 A Yes, they're living with him. 11 started dating Mr. Hippensteel, your ncense, your driver's 11 Q And they're both Hippensteels? 12i license, was suspended: correct? 12 A Yes. 13' A Yes. 13! Q You moved in with him 2001, J believe you said. 14 Q Had you told him when you first started dating ! 141 And there came a point, I guess, where you got engaged; 15 him that you had a suspended license? 115 right? 16 A Yes. ,16 A Yes. I?' Q Do you remember, was that soon after you were 17 Q When did you get engaged? 18! dating or when was it? 18 A It was like 2002. 19' A It was pretty much when we first started dating. 19 Q OKay. 20, I didn't drive so -- 20 A Around Christmas. 21 ! Q So he wondered why you weren't driving -- 21 ' Q Were there -- was there a period of time where 221 A Right. 221 you were living full time in his residence, or did you 23 Q And you said, Well, I got a suspensed license, 23 always have dual residence? 24 and did you tell him why you had a suspended license? 24, A There was a time where I was living full time at 251 A Ves. 25 i his residence. 14 16 1 Q And you told him about the prior DUls? 1 Q When was that? 2 A Yes. 2 A Like I said, up until like last January, maybe- 3 Q And every time you guys went aut, did he drive 3 ' when he lived in Carlisle. 4 the whole time? 4 Q So from 2002 until January of 2005, you guys 5 A Ves. 5 ! lived together full time? 6 Q Or did you barrow your mom's car? 6 A Pretty much, right. 7 A No, no. I mean, when we went out, we drove. My 71 Q OKay. All right. And then January ZOOS you went 8 i mom would take me places. 8 1 to the dual residence situation? 9 , Q And when did you first start to live with him, 10 1 decided to live -- 11 i A I don't know. Like towards the end of 2001, 12 maybe. 13; Q Haw long were you dating before you moved in? 141 A Probably about six months. 151, Q All right. So you date for six months; you move 16, in. And what address was that? 17 A That was -- told you I'm terrible with addresses, 181 espedally when it's like years ago, He had a house, and 191 then he sold that house and got another house, and 20 I that's- 211 Q What, after that six months when you moved in 221 with him, was that house also in Carlisle? 23 A Yes. 24, Q When you moved in with him, who else was in the 25 house? 9 A Right. I 101 Q Why did you do that? 11 A Because of my children, and the space, so - 12 because my children are with their father part time and 13 with me part time, and where he lives now isn't large 14 enough to have four kids and to stay there. We go up 15 there, but we don't stay there. 16: Q Okay. Now, talking about -- close to about three 17 years where guys were living -- before we get into 2005, ,181 where you were living together in one residence? i 191 A Right. ; 20 I Q During that three-year period, did you have a 21 job? 22, A Yes. Welt, for about a year and a half I didn't. 23: Q Okay. And why not? 241 A Just - \ was going through a di\lorce and just 25. problems and stress. .. 1 Q All right. So a year and a half you were 2 unemployed but another year and a half you were employed? 3 A Right. 4 Q Where did you work during that -- 5 A Eckerd's pharmacy, 6 Q Where's Eckerd's? 7 A Carlisle. 8 ' Q Was that in walking distance to your house? 9 A Yes. 10 Q And did you walk to and from work? 11: A Sometimes. Brian would pick me up. My mom would 12! usually take me, and Brian would pick me up. 13: Q How old is your mom? 14 A Fifty-five. 15 Q Who took care of -- during that two-, three~year 16; period, who took care of the grocery shopping? 17 A Who took care of the grocery shopping? Usually 18 me and Brian together. 19, Q How would you do grocery shopping? i 20\ A He would drive. 21 Q Okay. Is there any time during that two- to 221 three-year period where you used his vehicle? 23 A No. 24; Q There were no emergencies where you had to leave 251 the house -- 1 A No. 2 Q -- and take the kids in the car? 3 ; A No. There's always somebody around that could 41 give me a ride. 5 Q How many vehicles did he have during that time. 6 A Two. 7 ! Q What type of vehicles? 8 A The Suburban and an old Chevy truck, like a 19 -- 9 I don't know what year it is. It's an old brown truck. 101 Q Let's move forward to March of 2005, which is the 11 month and year of the accident. Okay. At that time, you 12\ guys were engaged; correct? , 131 A Right. 141 Q You were living together at the -I think you 15', said-- 16! A Off and on. 171 Q -- the East Locust Street .- 18, A Right. 191 Q.- address, and also you had some time where you 20' were living at the North West .- 21, A Right. 22 i Q -- Street address. During that month, how much 23' time were you living at the North West address versus -- 24 A It's usually like every other week. 25 Q You spend a week there, a week at his place? 17 19' 1 A We'd see each other throughout the week, it is 2 just that I wasn't staying there. 3 Q I understand. I understand. And at that time, 4 how many vehicles were in the Hippensteel residence? 5 A The brown truck, Suburban, and Curt's Celica, his 6 son's truck u I mean his son's car. 7 Q So there's three vehicles in the house? 8 A Right. 9 Q And how many licensed drivers live in that house? 10i A Two. 11 Q Who? 12 A The are the licensed drivers? 13 A Brian and Curt. 14 Q Now, during that month, where were the keys kept 15. for the vehicles? 16. A We have a thing that hangs in our kitchen, like a 17 key holder. 18 Q Soyouhaveakey-~ 19 i A It's got hooks. ! 20 Q On the hook, okay. And all the keys were kept on 21 the hook? 22' A Pretty much, you walk in the house you hang it on 23 the hook. 24; Q How many sets of keys were there for each? 25: A I guess two, always keep two sets of keys. You 18i 20 1 i got a spare set. 'don't know if there's more than two or 2 not. 3 Q Were all the spares kept on the key hooks? 4, A Yes. 5 Q So all the keys were kept on the hooks. 6 A Right. 7 Q As far as Curt, could he -~ could he use any of 8 the three vehicles? 9 A He was a licensed driver. 10 Q So -- I mean, he was allowed - during that time 11 period, he could take any of the three vehicles? 12' A He'd have to ask permission first. 13' Q Did he drive during that time period? 14 A Maybe once in a while. 15, Q So he would drive the Celica sometimes. Was that , 16i his usual car? 17 A Yeah, usually the Cetica. \ 18 i Q But other times during that month, he would use 19! the other vehicles? 20 A He wouldn't -~ unless he was tike going to pick 21 something large up, which he never really did .- he drove 22; the Cetica most of the time. I can think of maybe one time 231 I've seen Curt drive the Sururban, maybe. 24\ Q Sometimes you say, This is my car, this is his 25! car. or whatever. Was the Celica Curt's car? Did he own . .' 1 the vehicle? 2 ' A I'm not sure. 1 mean, that's what he drives. I 3 don't know how they did that whenever he turned eighteen 4 or~- 5 Q So-- 6 A I don't know if he signed it over or ~- 7 ! Q And the Subaru and tuck -- 8 A A Suburban. 9 i Q Suburban and truck were-. i 10! A Brian's. 11' Q Brian's, Is that kind of how it was known? 12 A Right. 13 Q What vehicle did Brian typically drive? 14 A The Suburban most of the time. 15: Q And the brown truck if he picks something big up? 16i A Right, or bad weather, things like that. 17' Q Now, ctid you ever have to pay rent or pay money 18 towards the mortgage at his residence? 19 i A I buy like groceries sometimes for in the house 20 and help pay the electric bill and stuff like that. 21 Q But you don't pay rent or-- 22\ A No. 23 Q -- or towards the mortgage? 24 A (No verbal response.) 25 i Q Around that time, did you belong to any kind of \ 1 social groups or clubs? 2 A No. 3 i Q Go to church? 4 i A No. 5 Q Have any friends in the area? 6 . A Well, yeah. 7 ' Q All right. Tell me -- tell me some of the 8 friends you have. 9 A My sister lives very close. My family is - 10! We're very close. 11 Q Who's your sister? 12 A Becky Dechane. 131 Q Where's she live? 141 A Newville. 15 Q Okay, D-e-s-h-a-n-e? 16 A D-e~c-h-apn-e. 17 Q She lives in Newville? 18\ A Right. 19! Q Is she married? 20 A Yes. 21 i Q What's her husband's name? i 22 \ A Gary. 23 Q Gary. Okay. All right. 24 So you kept -- you're pretty close with her? 25' A Right. 21 23 1 Q Who else? 2 A My -- I have a good friend named Marge Meyers, 3 good friend named Evie Hill. 4 Q Where's Marge Meyers live? 5 A Marge lives in Carlisle. 6 Q Is she married? 7 A No. B Q How about Evie? 9 A Evie, at the time she lived in -- I don't know if 10 it's Carlisle or Mount Holly. It's like in between. I'm 11 not sure what her exact address is. 12: Q Is she married? 13i A Yes. I 14; Q What's her husband's name? 15 A Brian. 16 Q Anybody else you visit, friends? 17 A Not really. 18 Q Okay. And you said -- you mentioned your sister 19 and your mom. Any other family members? 20 A My brother. 21 Q Okay. And what's your brother's name? 22 A Harry Kuhn. , 23 Q WheTe's he live? 24 A Carlisle. 251 Q Okay. During this time period, then, you said 22! 24 sometimes you paid towards the groceries? 2 A Right. I picked things up like milk and bread 3 and stuff like that, maybe some munchies. 4 Q When you say you pick them up, okay-- 5 A Okay. 6 Q That's what we're trying to figure out. When you 7 : say you pick them up, what are you talking about? B A Like, I - I would go to the grocery store with 9 Brian or my mom or with one of my friends and pick 10 i something up. 11 : Q Every time you needed to do something, then -- 12 A I know. It's a pain in the ass. 13 Q -p you would have to get a ride. Is that what 14' you're saying? 15' A Yes. Yes. Yep 16 i Q And did -- did Curt ever drive you around? 17' A Maybe once, twice. They've never -~ 18 Q But you get rides from like your sister, Beck.y, 191 sometimes Marge and Evie? 201 A Evie and Brian, a lot of times my mother. 21: Q So every time you needed to do something, you get 22 i a ride? 23 A Yeah. 24 Q On March 4th of 2005, where were you employed? , 25~ A I'm sorry? .' .- 1 Q On March 4th, the day of the accident, where were 2 you employed? Was it at Eckerd's? 3 A Yes. 4 Q What were your hours? 5 A It would range. I could work anywhere from 9:00 6 to -- in between 9:00 a.m. and 9:00 p.m., so it could be 7 1 :00 to 9:00, 9:00 to 3:00. 8 Q Okay. And what was your position there? 9 A I was a pharmacy technician. 10 Q Who was your supervisor? 11 A Jeremy Schwartz. (phonetic spelling) 12 Q And are you still employed there? 13 A No. 14, Q When did you last work there? 15 i A The last week of August. 16' Q Okay. And you stopped working there why? 17 A Because \ wasn't getting paid enough money and 18 i doing a lot of work. 191 Q Okay. You quit? 201 A Yeah. 21 i Q Okay. Did you have any other employment in March 22 of '05? 23! A After March of '05? 24 i Q No. During that time period. , 25! A Sometimes I'd help my mom on the weekends. She 1 has a grooming business. If she'd be busy, I'd go help 2 her. 31 Q What's a grooming business? Dog? 4 I A Dog grooming. 5 Q What's it called? 6 : A Clip and Trim. 7 : Q Is that in Carlisle? a A Yes. g '! Q Any other kind of work? 101 A No. 11 Q So March 4th of '05 I believe is a Friday. 12 A Okay. I don't think it was Friday. 13! Q According to, I guess, the police reports -- let 14" me double-check that. 15 A Maybe it was. I don't know. I don't know. 161 Q All right. Do you remember that day at all? 17! A Well, yeah. 1 a Q What did you do the night before? 19: A What did I do the night before? 201 Q Urn-hum. Yes. 21 A Made dinner, went to bed. 22; Q Okay. All right. What did you eat for dinner 231 that night before? 24! A If you're asking me what I ate for dinner in 251 March, nine months ago -- 251 27 1 Q If you remember. 2 A No, I don't remember. 3 Q Did you have a big meal? 4 A Usually I cook full meals, dinner. 5 Q Where did you make your meals? 6 A Brian's. 7 Q Who was there when you cooked? 8 A Just Brian and me and Brandon. 9 Q And what -- do you remember what time you went to 101 sleep that night? 11 A Probably around 10:00, 10:30. 12 Q Do you remember how many hours of sleep you got 13 that night? 14 A Well, maybe eight, maybe nine, I might have 15 slept in that day because I had off. 16i Q Did you get up around 6 or 7 o'clock in the 17 morning or what time? 18 A What time did I get up? I 19: Q Yeah. 20 A I probably slept in, which a o'clock is like 211 sleeping in for me. 22 Q Okay. Did you get up at 8 o'clock in the 23 morn'lng? Did you have breakfast? 24, A I had some toast. 25 i Q Anything else to eat for breakfast? 26 28 1 A Anything else for breakfast? No. Not that I - 2 coffee. 3 Q Coffee. Okay. ! 4 i, All right. What did you do that day then? 5 A Marge came up and took me out to lunch. 6 Q Okay. Where did you eat lunch? 7 A At the Rustic Tavern, I think. 8 Q Okay. And about what time did you eat lunch? 9 I A I don't know. 11 :30, 10! Q AU right. Do you remember what you ate? 11 A I think it was like shrimp and a sandwich, some 12 deep-fried food. , 13! Q Do you -- did you take any type of medications, 1 14! drugs, or anything that day? 15 A No. 16: Q Were you on any medications then? 17' A No. 18:, Q Okay. That day, were you feeling all right? Any 19 health problems, any flus, colds, anything like that? 20; A No, not that I can remember. 211 Q So you had no health issues? 22' A No. 23 Q All right. You go to eat at the Rustic Tavern? ,24' A Right. : 251 Q Prior to that, had you had any alcohol to drink? \ ---------' .- 1 A No, not till I got home. 2 Q And you ate at the Rustic Tavern. Did you have 3 any-- 4 A I had one beer. 5 Q What kind of beer? 6 A Coors Light. 7 Q How many ounces? 8 A Twelve. 9 Q A cup or a bottle? 10 A Bottle. 11 Q So you had one Coors Light. 12 What time did Marge take you back to your house? 131 A Probably - well, I don't know. It was 12:30, 14! 1 o'clock, maybe. I 15 i Q All right. So she took you back to the house 16112:30,1 o'clock. And who was there when she took you 17' back? 1S, A Nobody. 191 Q By yourself? 20 A Yes. 21 Q Did Marge stick around, viSIt? 22 A She hung out maybe a half an hour, maybe. She 23 had things to do that afternoon. 24 Q All right. So she leaves maybe 1 :30, at the 25 i latest? i 1-- 1 A Right. 2 Q Did you have anything else to drink at the house 3 then? 4 A Oh, yeah. 5 Q Okay. Tell me when you started drinking then? 6 A 1 probably drank another beer while Marge was 7 still there. S Q Okay. 9 \ A And then maybe four more after that. 10 Q All right. One beer with Marge. Was it - what 11 kind of beer? 12'! A Budweiser. 131 Q Okay. How many ounces? 14 A Twelve. 15\ Q Bottle or can? 161 A Can. 17: Q All right. And then you said four more beers 18 after that. Was that Budweiser, 12.ounce cans? 19 A Right. 20 Q Just the regular Budweiser? 21 A Right. 22 Q Now, other than the six beers that you had so 23 far, was there any other - any alcohol, like any kind of 24 liquor or shots or anything like that? 25 A No. 29 31 1 Q All right. So when you drank the four beers 2 after Marge left, was anybody there? 3 A No. 4 Q What were you doing? 5 A Watching TV, cleaning the house, talking on the 6 phone. 7 Q Okay. All right. Now, when did you first grab 8 the keys at the time of the accident? 9 A When did I grab them? You're saying what time? 10' I really am not sure. It was maybe 2:30 maybe, 3:30. 11 Q All right. And where were the keys? 12 A Hanging on the key hooks. 13, Q Okay. And what vehicle did you take the keys 14. for? 15 A The Suburban, 16 Q Okay. So -- now that was normally not the 17 vehicle-- 18 i A Brian drives. 19 Q -- Brian drives, right. Why wasn't he driving 20 that vehicle? 21 A He drove the brown truck. It waS a bad day; 22 there was snow, There was snow. It was winter. He runs 23 it just to run it, so it doesn't sit idle for a long time. 24 Q So you take the Suburban. What -. why did you 25 decide to drive on this particular day? 30, 32 1 A Because I needed a pack of cigarettes really bad. 2 Q Okay. How many packs a day do you smoke? 3 A Maybe one. 4 Q Okay. And do YOLl usually buy cartons or just -- 5 A Usually two packs at a time. 6 Q So you ran out of cigarettes? 7 A Right. 8 Q And you decided -- did you try to call somebody? 9 i A No. Where we live is -- Marge had already had 101 things to do. Evie, I talked to her on the phone. She 11 didn't have a vehicle that day; her husband took it to 12 won<. 13: Q Okay. So did you actually try to call them or 14i did you even know that they weren't available? I 15 A I was talking to Evie. I knew Marge wasn't 161 around. My mom was working, 50-- 17 Q So around -- what did you say 2:30, 3:30? 181 A 2:30, maybe 3 o'clock. 19' Q 2:30,3 o'clock. ! 20 What was the weather out? \211: A It was wet, snowy. It was cold. , 221 Q All right. And is the Suburban automatic or 23 i stick? 24, A Automatic. 25 Q Did you have to warm it up? .- 33 35 1 A I didn't warm it up. I just drove it. 1 A No. not that 1 thought. 2 Q Did you -. did you call Brian before you took the 2 Q You felt fine. Did you feel intoxicated? 3 Suburban? 3 A 1 felt okay. 4 A No. 4 Q Did you have any trouble walking to the car or 5 Q Okay. Take the keys, you get in the vehicle, and 5 anything? 6 tell me what you did. 6 A No. 7 A I was going up to get a pack of cigarettes at the 7 Q Do you drink alcohol every day? 8 country store, 8 A No 9 Q Country store? 9 Q How often do you drink, around that time? 101 A I don't even know what the name of it IS. It is 10' A Maybe once every couple weeks. 11 i a little store. 11 Q And the one time you drink every couple weeks, do 12: Q Where's it at? 12 you - are yeu usually a Budweiser drinker? 13 A Again, street names -- I could take you there. 13 A Um-hum. Yes. 14 It was on the road whatever the accident was on, whatever 14 Q And during those one time you drink every couple 15 i the name of that road is. 15 weeks, how many beers do you hs\/e? 161 Q All right. So let's see, Yates Street, Baltimore 16' A Six pack, maybe seven. 17 Avenue. Yates Street? Yates Street? 17 Q So -- I mean, then this occasion, actually we're 181 A I guess. I don't know. 18 at se\/en, heading toward nine beers? 191 Q What time did you get to the store? 19' A Right. 20 A , don't know exactly what time it was. '120 Q So it sounds like more than you typically drink; 21 I Q Did you buy cigarettes there? 21 is there a reason? 22 A Yes. ,22 A Not really. Just -. I don't know. It was my day 23, Q When you went out to drive the Suburban, did you 23 off. I have no clue. 24! bring any beer with you? 24, Q Have you ever had any almhol counseling? 25 A I had a cooler in the back. 251 A Yes. 341 36 1 Q Okay. What was in your cooler? 1 Q Before this accident? I I , 2 A Beer. I had two beers. 2 A Yes. 3 Q Two beers? 3 Q And when did you have alcohol counseling? 4 A Um-hum. 4, A My second QUI. 5 ' Q Budweiser, 12-ounce? 5 Q Was that mandated through part of the probation? I 6 A Correct. 6 A No. 7 Q And did you drink any beer when you -- after you 7 ' Q Was that something )Iou \/oluntarily did? 8 took the Suburban? 8 A Yes. 9 A Yeah, I had one open. 9 Q And did you do AA or what did you do? 101, Q Okay. So when you left the house, you had one ' 10 A Just counseling. I didn't go to AA. I didn't go 11' open? 1111 toM. 12 A Right. 12, Q Just like an individual counseling? 131 Q And you had two more in the cooler or -- 131 A It was more of a group counseling. , 141 A Right. 14 Q Okay. How often did you do that? 15 Q So when you had left the house, you had one and . 151 A Once a week. 161 then two beers in the cooler? 161 Q How long did you do that? 171 A Right. 17 A Two hours. You mean go to counseling? 181 Q So at that point in time, we're now at - so the i'18 Q Yeah. 191 one open would be your seventh beer? 191 A Probably about three months. 20' A Probably. I wasn't counting them. 20' Q Were you in any kind of alcohol counseling around 21 \ Q Okay. So you're on your seventh beer. You're ,21 the time of the accident? 221 drinking it. You get in the vehicle and you start up. Did 22' A No. 23 you go to the store right away? 23: Q All right. So we're back on the day of the 24 A Yeah. I went right to the store. I 24\ accident. We are on your seventh beer you're opening up. 25 Q And any problems driving? 25: Were you drinking the beer actually while you were driving? . . " 1 A Yes. 2 Q Okay. And you go -~ your first stop is to get 3 cigarettes. 4, A Yeah. 5 i Q And how far does it take you to get to the store? 6 A Oh, I don't know. Ten minutes. 7 Q Okay. And no problems driving during that time? 8 A No, I didn't think so. g Q You leave the store. And had you finished your 10 i seventh beer at that time? 1111 A Yes. 12! Q When you left the store, I guess you lit up a 131 cigarette? 14 A Oh, yeah. 15 i Q All right. Did you then open up one of your two 16' beers? 17 A Yes. 181 Q So I believe at the store you're on your eighth 19 beer now. Would that be right? 20! A Right. I guess, I mean -- 21' Q Where did you go then? 22: A Turn around to go back home. 231 Q Okay. Now, according to the --I guess, the 24' police report we have here, the accident happened about 251 4:43 in the afternoon. Does sound about right? I A I have no clue. 2 ! Q Tell me about your trip from the store. You said 3 you were heading back home. 4 A You mean what happened with the accident? 5 Q Yeah. 6 A There's a curve in the Toad like this - well, 1 ' like this (demonstrating). It's like a blind spot, and 8 there's a stop sign there. And at the stop sign there was 9 i probably about five cars lined up, and' came around the 10! corner and hit -. didn't, like, have reaction fast enough 11 to put on my brakes to see all the cars lined up there and 12 hitthebackofthecar. 13; Q All right. Did the accident happen -- how soon 14 did the accident happen after you left the store to buy 15!, cigarettes? 16 A Maybe fifteen, ten minutes, however long it took 17 me to sit in the parking lot and light a cigarette and 18i drink a beer. 191 Q Were you actually drinking the beer when the 20, accident happened? 21 ! A It wasn't in my hand. 22 i Q Where was it? 23 A In a cup holder. 24 Q Did you have anything -- you say a cup holder. 25; Was it a cup holder in the -- 37 39 1 A It's like between the seats. 2 Q -~ dashboard? 3 A The seats. 4 Q Do you know what a cozy is? You put around a 5 beer to keep it cold. 6 A Urn-hum. 7 Q Did you have one of them? 8 A Yes. 9 Q Was your beer in one of them? 10 A Yes. 11 Q And then you placed it in a cup holder? 12 A Right. 13i Q You brought that with you from the house? 14' A Right. 15 Q So there was no stops after you left the store 16, until the place of the accident. 17 A No. 18 Q Any trouble operating your - this vehicle before 19 the accident? After you left the store, any trouble with 20! your-- , 21 A Not that I -- I didn't think so, no. 22! Q How about the roads? Were the roads dry? 23 A They were -I think pretty dry. I think they '24' were just wet. It was sunny, and it snowed, and the snow 251 had melted. J 40 38 1 Q Any Visibility problems that you were having? 2 A Not that I know. 3 Q Do you wear glasses? 4 A Yes, I do. 5 Q Did you have glasses on? 6 A Yes, I do. I had contacts in 7 Q Any trouble with seeing that day? 8 A Not that I know of. 9 , Q Was there any obstructions in your way that would 101 have prevented you from seeing Mr. Hickey? 11 A Yes, it is like around a turn and usually - I 12 ~ mean, you figure six car lengths. There's a stop sign. 13, Well, there was like five or six cars lined up there, and 14 when you come around the turn, it was like right there. 15'; Q All right. Did you have your headlights on in 16: your vehicle? 17 A I think they always stayed on in the Suburban. 18 \ Q Okay. All right. Do you know what the speed 191 limit is on that road? 20' A Maybe -- r don't know, 40, 35. ! 21! Q You say five cars backed up from the stop sign 22! there? 23 A Right. Right. 24 Q How far was the rear of the Hickey vehicle or the 25: last vehicle that was in line -- .' .- 1 A Right. 2 Q -- to when you first went around the corner? 3 i A It was pretty much there. 4 I Q Okay. You're saying when you went right around I 5 the corner, the Hickey vehicle was right there? 6 I A It was pretty close, yeah. 7 : Q Now, are you familiar with this road? 8 1 A Somewhat, yeah. 9 Q How often would you drive it? 10, A I wouldn't drive on it. I'd ride on it. 111: Q How often would you ride on it? 12, A Couple times, get cigarettes, sometimes go to 13 trolly stop, whatever it is, the ice cream place. 141' Q You say a couple times. Is that a couple times a 15 week or couple times a month or what is that? 16! A Maybe a couple times a week, maybe. 171 Q And you're - before the accident, you were aware 18; of the stop sign that's at the intersection? I 19! A Yes. I was. 20, Q You're also aware that traffic gets backed up at 211 that location? 221 A I was never -- I never drove or rode at a time 23 \ where it was like a lot of traffIC sitting there. 24, Q You would agree with me at that location there's 251 some tractor trailer traffic in and out? ! \--- 1 I A Not on that road, but on the road that -- like, 2 ! it goes like this (demonstrating), so not on the road that 3 II the accident was on. 4 ' Q Okay. 5 i A I don't think there's a lot of tractor trailers I 6 ' 011 that road. 7 I Q You come around the corner. You say right there a . was the Hickey's rear end of the vehicle. 9 I A It was -- it was close. I didn't react in time 10 i though, I guess. I didn't hit my brakes. 111 Q Did you have an opportunity to starn on your 12' brakes? 131 1 141 Q Did you slam on your brakes? 15 A Did I? No. No -- no, It happened so fast. 161 Come on. You're in a car accident. I am supposed to 17 remember every single thing that happened in like a minute 18, second? I don't remember exactly every single thing. 19! Q All right. So you don't remember if you had your 20, brakes applied or not? I 211 A Not - no, I don't .-1 don't remember. 22 Q Did your car leave any skid marks? 231 A t ha\Je no clue, 24 Q Did you have -- did your vehide impact the rear 25' of the Hickey vehicle? A Yes. 41 43 2 i 3\ 4 A Yes. Q A o A How fast do you think you were driving? \ don't know, maybe 35 or 40. Did your vehicle push the Hickey vehicle forward? Yes, it did. 5 ! I 6 ' Q Did your -- do you know if your vehicle caused i 7! the Hickey vehicle to collide with the vehicle in front of , 8! it? , 9 . i 101 A Right. Yes, it did. Q Do you feel that whoever was driving the Hickey 11: vehicle, which it was Mr. Hickey, do you feel that he did 121 anything to contribute to causing the accident? 13 A No, I do not. 14\ Q So as far as you're concerned, you're totally at 15; fault with the accident? '1161 A Yes. 17 Q Did you see what happened to his body? Did you ! 181 see the person in the Hickey vehicle? 19' A I seen the air bag go off. i 20\ Q You saw his air bag go off? I 211 A That's it. 1 22, Q Did you see what happened to his body? 23 A No, I did not. Q What happened after the vehicles collided? A The police -- I sat in the car. The police i 241 125! , . I ---=.c.---.-'=-----=:,,:-='-----=-='----~--:-.441 42 ! 1 : came. They took me out of the car, put me in the police 2 car. 3 Q Okay. Now, there's - before the collision, were 4 you able to turn your vehicle to the left or right? 5 A No. B i Q Okay. Had you exited your vehicle at all before 7 1 the police arrived? a! A No. I 91 Q There's been some testimony that they took your , 10! keys and stuck them on top of the Hickey vehicle. 00 you 111 remember that? i 121 A No. I 13: Q Did they do a field sobriety test on you at the 14110calion? ! 15;: A No. : 16: Q Did they ever do a field sobriety test on you? 171 A No. They took me directly to the hospital and 118 drew blood, I'm sure they could smell it. They seen empty I 191 beer cans, 1201 Q Okay. What hospital did they take you to? , 21 \ A Carlisle. 122! ! 23! 241 . I ! 251 Q And they drew blood from you there? A Yes, they did. o That's where they got your blood alcohol from? A Yes. ._~ Q Do you know if they did any kind of videotape on 2 you, booking video or anything like that? 3 A No. No. I think they said in the fOom that I 4 was sitting in when they booked me there was a tape 5 running. There is a sign that said a tape's running all the 6, time. , 71 8\ Q Do you remember where that was? A Camp Hill. 9 Q Camp Hill p.o.? 101 A (No verbal response.) 11 Q At any time at the accident scene did you check 12' on Mr. Hickey? 131 A I didn't have time to. The police were there and 14 they were like, Stay in your car. And then they told me to 15, get out of the car and took me right to the police car. 161 Q At any time have you ever spoken with Mr. Hickey? 17 i A No, I have not. 18\ Q Did you ever inquire as to how he's doing since 19 the accident? 201 21 A No, I have not. Q Do you have any knowledge of any of the injuries he sustained? 221 23' A No, I. do not. 24 Q After you were taken to the hospital-- were you 251 taken to the hospital by -- in the police vehicle? I 1-=- " _--C-=,,---:~-c';=--=-=-==--====-~~~-=--=--::-----=l 461 A Right. 21 Q Were you handcuffed - 3 ! AVes. 4 Q -- and taken to the hospital? 5 They drew the blood. Where did they take you 6 I from the hospital? 7 A To Camp Hill. 8 : Q And that's the booking police department? , 9 1 A Ves. I guess the courthouse, Carlisle, was not i 10 open that night or that day. 11 \ Q And after you went to the Camp Hill Police 12 Department, where did you go then? 13 A Where did r go? 141 Q Yes. Did they put you in prison or did they 15 \ release you? 161 A They released me. 171 Q Okay. Did you have to sit -~ sit in jail a 18 little bit. 19\ A Probably about four hours, five hours. 20 Q So sobered you up for four hours? 21' A (No verbal response.) 221 Q When was the first time you ever had any 23\' conversation with Mr. Hippensteel about the accident? 24 A As soon as it happened he -- I got on the cell 251 phone and said, I wrecked the car. And he says, like, Why 45 , I , Because he had just gotten home from 471 I do you have the car? 2! work. 3 Q So you - you get on the cell phone, and you call 41 him, at the accident scene? 5 ' A Yes. 6 'j Q What did they do with your vehicle after they put 7 ~ in you in a police cruiser? 8 ! A They towed it. I don't know. I have no idea. 9 I, I guess they towed it, because it wasn't sitting there. 10! Q Did Brian go out to the accident scene? 111 A I have no idea. 121 Q How did you get from the police -- 13 A The booking center? 141 Q Yeah. i 15\ A He came and picked me up. 16 Q 1171 A 181 Q Tel\ me about the conversation you had with him , 19, on the cell phone and then after he picked you up, exact I 20! words. 21 A On the cell phone, I called him, and I was like, 2211 wrecked the truck. And he's like, Well, why do you have 23! the truck? And r said I got to go because the police are 24' there. In what vehicle did he pick you up? The brown truck. ,25! I And then there wasn't too much of conversation on -----~~~~-~----- -~-~-~~~~ 48\, 1 i the way home at all after he picked me up from the booking 2 !, station. 3 1 Q Did you have a chance to sit down and talk about 4 this situation? 5 1 A Not really. 6 ; off and - 7 , Q All right. And have you ever had any prior al automobile accidents or OUI accidents? 9 A Yeah. We were both tired. He was pissed 101 Q On these first DUIs, did they result in an 111 accident? 1 i A The second one was. 13 Q What happened in the second one? , 14! A I hit a car that was parked, just the side of it. i 15 i Q Was anybody injured in that accident? , ; 16, A No. : 171 Q First one, you were just -- i 18' A I ran a red light. '191 Q You ran a red light. All right. 120 I' Now, after things settled down, did you have a 21 conversation with Brian, said-- ! 221 A The next day. I 231 Q Okay. Tell me about that. \24\ A Apologized profusely. He was still mad. ! 25' Q Now, you've been living together for a number of ,________ ____ ____.________..J ., 1 years? 2 A Right. 3 Q And "IS it your testimony here today that this was 4 the first occasion that you've ever used one of his 5 : vehicles? 1 6' 7 8 9 10 11! , A Yes. Q In all those years? A Yes. Yes. Q You never had a need to go out and get cigarettes? A No. No. 12 \ Q So if we contacted all these people that you 1 131 mentioned-- 14' A Right. 15 Q - they're going to agree that they've ne'Jer seen 16 i you driving around? 171 A Yes. 18' Q So when we do send our investigator out and they 19 go and check with all these people -- 201 A Right. 21\ Q - including your old employers and everybody 22! else, they're going to say, She never drove. I never saw 231 her drive. 24 25 A Yes. a Is that your testimony? ----"- ..... ," ..--..- ..--- 1 l' A Yes. 2 Q So this was the one and only time that you've 3 ever used one of his vehicles? 4 ! A I Yes. 5 ! Q Prior to that, has he ever expressly said to you 6 that you do not have the permission to use his vehicles? 7 , A Well, pretty granted, if you don't have a 8\ driver's license. 9 , Q That's not ~- has he ever said to you that, Su 10 Ann, I don't want you driving any of my vehicles? 11 A Yes. 12: 0 When did he say that? 131 A Prohablywhenwefirstmet. 141 Q Okay. How about since that time? 151 A No. 16 Q So you may have had a conversation years ago 17, that, I don't want you driving any of my vehicles, but 181 since that time, no conversation? 19 i A Shouldn't have to say it more than once. 20 Q And it seems just to get a pack of cigarettes -~ 21, A You have to realize, I was drinking. When you 22! drink, you get braver. I needed a cigarette. I didn't 231' think of the consequences, and I took the car. 24 Q Did you have any injuries from the accident? 251 A No. 49' --....-- 51 Q Have you given any written or recorded statements 2 or interviews about the accident? 3 A With the insurance company. 4 Q What's going on with your criminal charges now? 5 A I get sentenced on January 10th. 6 Q Did you plead guilty? 7 A Yep. 8 Q Have an attorney? 9 A Yes. 10 Q Who's your attorney? 11 A The last name's Ablen, A.b-I-e-n, in Carlisle. 12 Q So you pled guilty to DUI? 13 A Right, and driving under suspension. 14 MR. DEVERE: Okay. That's it for my questions. 15 Thank you. 16 THE WITNESS: Am I done? 17' MR STATLER: Hang on one second, Let me just 18\ ask a question or two. 19' 20, CROSS-EXAMINATION BY MR. STATLER: Q Su Ann, as you know, I represent Brian Hippensteel in this case. A Right. Q Did you have Brian's permission to drive his Suburban on the day of the accident? 52 A No, I did not. 2 Q Was Brian aware that you were going to be driving 3 ; this Suburban on the day of the accident? 4 A No, he was not. 11 5, 6, 7 8 9, 101 11 12' 131 14, 115 ! 16 MR. STATLER: That's all. 4:30 p.m. 17 18' , 1191 20! 211 221 123, , 24 25\ I .~ ,- 1 i COUNTY OF LANCASTER , SS 2 COMMONWEALTH OF PENNSYLVANIA 3 t, Brenda J. Pardun, a notary public, do 'r.ereby 4 certify that personally appeared before me, SU ANN 5 , DIFFENBAUGH, the witness, being by me first duly sworn to 6 I testify to the truth, the whote truth, and nothing but the I 7 ' truth, in answer to the oral questions propounded to her by 8 the attorneys for the respective parties, testified as set 9 forth in the foregoing deposition. 10 i I further certify that before the taking of said 111 deposition, the above witness was duly sworn, that the 121, questions and answers were taken down stenographically by 13: the said Brenda J. Pardun, Court Reporter, Lancaster 14 County, Pennsylvania, approved and agreed to, and 15. afterwards reduced to print by the said Reporter. 161 In testimony whereof, I have hereunto subscribed , 17' my hand this 10th day of No.yember, 2005. 18 19, , 20' 21 22 23 24 25 ren a ar Notary Public , The forego"lng certification of this transcript does not apply to any reproduction, of the same by any means, unless under direct superviSIon and/or control of the certifying reporter. 53 J SU ANN DIFFENBAUGH .' demonstrati~4 ... * * * * (21:11) (27:6) (51:24) bring (33:24) brother (23:20) brother's (23:21) brought (39:13) brown (18: 9) (19:5) (21:15) (31:21) (47:17) budweiser (30:12) (30"8) (30,20) (34'5) (35: 12) -- business (26:1) (26:3) __ busy (26:1) buy (21:19) (32:4) (33: 21) (38: 14) august (25;15) __ ___automatic (32:22) (32,24 ) ---- automobile (48:8) ______ available (32:14) avenue (33: 17) avoid (4:15) aware (41:17) (41:20) cold (32:21) (39:5) colds (28: 19) collide (43:7) collided (43: 24) collision (44:3\ communication (4:15) company (51:3) concerned (43:14) consequences (50:23) conspiracy (12:24) (13: 5) contacted \49:12) contacts (40:6) content {11:19l - continuous (10: 2) ___ contribute (43:12) conversation (46:23) (47:18) (47:25) (48:21) (50:16) \50:18) cook (27: 4) cooked (27:7) cooler (33:25) (34:1) (34,13) (34"6) coors (29:6) (29:11) corner (38:10) (41:2) (41:5) (42:7) counseling (35:24) (36,3) (36,101 (36"21 (36:13) (36:17) (36:20) counting (34:20) countty (33:8) (33:9) county (12:7) (13:8) couple (4:23) (4:25) (35,'0) (35'") (35,14) (41:12) (41:14) (41:15) (41,161 courthouse (46:91 cozy (39:4) cream (41:13) criminal (12: 21) (13: 3) (51,4) cross-examination cruiser (47:7) cumberland (12:7) (13:7) cup (29:9) (38:23) (38,24) (38,25) (39,11) current (5:7) (5:9) currently (5: 15) curt (19:13) (20:7) 120,23) (24,161 cux:tis \15:4) (15:5) 115,6) 115,9) curt's (19:5) (20:251 curve (38:6) * (52' 8) , * * * * A . able (44:4) ablen (51:11) a-b-l-e-n (51:11) accident (5: 11) (18: 11) (25:1) (31:8) (33:14) (36:1) (36:21) (36:24) (37:24) (38:4) (38:13) (38:14) (38:20) (39:16) (39: 19) (41: 17) (42: 3) (42:16) (43:12) (43:15) (45;11) (45:19) (46:23) (47:4) (47:10) (48:11) (48:15) (50:24) (51:2) (51:25) (52:3) accidents (48:8) according (26:13) (37: 23) actually (32: 13) (35,17) (36,25) (38,19) address (5:17) (5:23) (6:8) (6:10) (6:16) (7:6) (7: 14) (8: 5) (8: 16) (14:16) (18:19) (18:22) (18:23) {23:11) addresses (7: 21) (14: 17) after (13:17) (14:21) (25,23) (30,91 (30,18) (31:2) (34:7) (38:14) (39,15) (39,'9) (43'24) (45:24) (46:11) (47:6) (47:l9) (48:1) (48:20) afternoon (29:23) (37: 25) agree (41:24) (49:15) air (43:19) (43:20) alcohol (11: 19) (28 :25) (30:23) {35:71 (35:24) (36:3) (36:20) (44:24) allowed (20: 10) already (32: 9) always (15:23) (18:3) (19:25) (40:17) ann (4:2) (4:3) (50:10) (51:21 ) a-n-n (4:4) anybody (8:4) (8:16) (23:16) (31:2) (48:15) anything (6:25) (27:25) (28:1) (28:14) (28:19) (30,2) 130,24) (35,5) (38,241 (43,'2\ (45,2) apologized (48:24) applied (42 :20) approximately (1:9) ard (11:13) (11:14) (12 :25) area (22:5) around (8:23) (11:24) (15:20) (I8:3) (21:25) (24:16) (27:11) (27:16) (29:21) (32:16) (32:17) (35:9) (36:20) (37:22) 138,9) 139,4) (40,11) (40: 14) (41: 2) (41: 4) (42:7) {49:16) arrested (10:25) arrived (44: 7) ass (24:12) ate (26:24) (28:10) (29: 2) attorney (51:8) (51:10) audrev . <\3:8\ (52,2) away (34:23) B bac (11 :20) back (8:20) (9:1) (12:12) (29:12) (29:15) (29,17) 133,25) (36,23) (37:22) {38:3) (38:l2) backed (40:21) (41:20) background (5:11 bad (21:16) (31:21) (32") bag (43:19) (43:20) baltimore (33:16) basically (5:121 (5:14) becky (22:12) (24:18) bed (26:21) beer (29:4) (29:5) (30:6) (30:10) (30:11) (33,24) (34,2) (34,71 (34: 19) (34 :21) (36: 24) (36,25) (37,10) 137,'9) (38,18) (38,19) (39'5) 139:9} (44:19) beers (30:17) (30:22) (31:1) (34:2) (34:3) (34"6) (35,15) (35,,8) (37"6) believe (15:13) (26:11) (37,'8) belong (21 :25) between (5:16) (23:10) (25,6) (39,1) big (21:15) (27:3) bill (21:20) birth (5:3) bit (46: 18) blind (38:7) blood (11:19) (44:18) (44,22) (44,241 (4<3,5) body (43:17) (43:22) booked (45:4) booking (45:2) (46:8) (47,'3) (48,1) borrow (14:6) both (4:19) (15:11) (48,5) bottle (29:9) (29:10) (30, 15) brakes (38:11) (42:10) (42:12) (42:14) (42:20) brandon (15:4) (15:7) (15,9) (27,8) brandon's (15:8) braver (50: 22) bread (24:2) break (4:22) breakfast (27 :23) 127,25) (28,,) brian (5:20) (5:21) (17:11) (17;12) (17:113) (19,13) (21,13) (23,,5) (24,9) (24:20) (27,S) (3",8) (3"'9) (33,2) (47,'0) (48,21) (51,211 (52,2) brians (5:17) brian's 15:16) 121:10 c call (32:8) (32:13) (33:2) (47: 3) called (26:5) (47:21) camp (45:8) (45:9) (46:7) (46:11) cans (30:18) (44:19) car (8:21) (12:23) (14,6) (18,21 (19,6) (20:16) (20:24) (20:25) {35:4) (38:12) (4G:12) (42:16) (42:22) (43:25) (44:1) (44:2) (45:14) (45:15) (46:25) (47:1) (48,14) (50,23) care (17:15) (17:16) (17,17) carlisle (5 :24) (6: 11) (6"6) (6,21) (7,201 (S'4) (9,6) (11:1) (11,5) (13:6) (14,22) (16,3) 117,7) (23,5) (23"0) (23,24) (26,7) (44,21) (46,9) (51,11) ca.rs (38:9) (38:11) (40,131 (40,21) cartons (32:4) case (51:22) caused (43:6) causing (43:12) celica (19:5) (20:15) (20,17) (20,22) (20,25) cell (46:24) (47:3) (47,'9) (47,21) center (47:13) chance (48: 3) charge (12:1) (12:25) charges (12:10) (13:3) (51,4) check (7:1) (45:11) (49: 191 chevy (18:8) children (8:8) (8:Hl) (15,1) 116,11) 116,,2) christmas (15:20) church (22:3) ciga.rette (37:13) (38:17) (50:22) cigarettes (32:1) (32:6) (33:7) (33:21} (37:3) (38:15) (41:12) (49:10) (50:20) citations (12:10) cleaning ( 3 1 : 5 ) clip (26:6) close (16:16) (22:9) (22,'0) (22:24) \41,6) (42: 9) clubs (22:1) clue (35:23) (38:1) (42,231 coffee '78,2' '28,3' D dashboard (39:2) date (5:3) (14:15) dating (10:7) (10:13) ,~13 : 111 (13: 14) (13: 18) (13:19) (14:13) day (25:1) (26:16) ,:27: 15) (28: 4) (28: 14) ::28:18) (31:21) (31:25) (32:2) (32:11) (35:7) 1(35'22) 136,23) (40,7) ,'46:10) (48:22) (51:25) ,'52:3) days (9:11) (12:5) (13:2) (13:7) dechane (22:12) d-e-c-h-a-n-e (22:16) decide (31:25) decided (14:10) (32:8) deep-fried (28:12) demonstrating (38:7) 142: 2) Anr1prsnn r:nlJrt. 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HIPPENSTEEL 10 11 12 51 6 vs. 13i 14: 15! 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NANCY HICKEY : No. 05-1963 Deposition of : BRIAN HIPPENSTEEL Taken by Clark DeVere, Esquire Before Brenda J. Pardun. RPR Court Reporter October 19, 2005 Law Office 301 Market Street Lemoyne, Pennsylvania Date Place COUNSEL PRESENT: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere, Esquire 3211 North Front Street P. O. Box 5300 Harrisburg, Pennsylvania 17110-0300 For Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER. P,C. John A Statler. Esquire 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 For Mr. Hippensteel 1 EXAMINATION INDEX 2 BRIAN HIPPENSTEEL 3 DIRECT BY MR. DEVERE 3 4 CROSS BY MR. STATLER 5 6 7 8 9' 10, 11 12 13 14 15 16 17 18' 191 20; 211 , 221 231 241 25 EXHIBIT INDEX (No exhibits marked.) 1 ' 2 3 4 5 6 7 8 ~~~m C 0-""'; n", BRIAN HIPPENSTEEL, - ",' ~lIe_s a witness, having been duly sworn or affirmed, 111 testified on his oath as follows, to wit: 21 14 15 16 17 18 19 20 ,21 22: ; 23, ,24 ! 25 2 1 2 3 4 5 6 7 8 9 ' , 101 11' 12' 13 14 15 16 17 18 19 20 21 22 23 24: 25 3 STIPULATION It is hereby stipulated by and between counsel for the respective parties that signing, sealing, certification, and filing are hereby waived; and that all objections except as to the form of the question are reserved to the time of trial. , 12' 13 DIRECT EXAMINATION BY MR. DEVERE: a Can you tell us your full name and please spell your name. A Brian Hippensteel. Q Spell your last name. A H-i-p-p-e-n-s-t-e-e-l. a Did you hear the instructions I gave Su Ann Diffenbaugh? A Yes. a Do you agree to follow the instructions? A Yes. Q What's your current residence address? A 65 East Locust Street, Mount Holly Springs, PA. _ ___.~__...----.J 4 Q And how long have you lived there? A Since January this year. a Where did you live before that? A 216 Avon Drive, Carlisle. Q How long did you live there? A Three years. Q And how about before that? A 44 West Ridge Street, Carlisle. a How long did you live there? A Nine years. a Okay. All right. Now, when did you first meet Su Ann Diffenbaugh? A Date wise was -- it was late November of '01. Q Okay. And do you recall where you met? A Through her friend, I think it was Evie, one of her friends. Q Did you guys go out on dates or how did that work? A Yeah, we went out on dates. I recently lost my wife before -- before I met Su Ann, about a year before I met Su Ann. o And now, when you first met her, where was she living? A She was living at Seven Long Street, Carlisle. Q Was she living with her mother and grandmother? " 1 A She was living with her husband at the time. 2 They were going through a divorce. 3 Q Okay. All right. And at the time, did she have 4 a driver's license? 5 A No, she had never had a driver's license since [ 6 I met her. 7 Q Did she tell you why she didn't have a license? 8 A Yes. She told me DUI. 9 Q Did she tell how many DUls? 10 A She said two, yes. 11 Q So she told you that pretty much when you started 12: dating? 13! A Yes. That's why she was always getting rides and 141 everything. 15! Q Do you have any issues with always having to give 161 her a ride? 17! A No, not really. Not at the time. 18i Q You guys slart dating -- met through a friend in 19 i November of '01. When did things start getting more 20 serious where you started to move in together? 21: A Probably middle of '02. 22 i 0 Okay. 231 A I think that's when I purchased the house at 216 24 Avon Drive, sold my little one. 25' Q And so you decided to live together then? 1 A Yes. 2 Q Now, she said she has two children; you have two 3 children? 4 A Yes. 5 Q When you moved in together at the Avon Drive 6 address, were your two children there? 7 A Yes. 8 Q And did her two children come with her? 9 A Yes. 10 i Q So you had four kids and the two of you? 11 A Right. 12 Q How many vehicles did you have at the Avon Drive 13 address? 14; A I had my Suburban and the u my boy's car, now 15; the Celica. 16 Q And how many licensed driver's did you have at 17 the Avon Drive address? 18, A He just recently got his, my oldest boy, Curt, so 19 there was two at the time. 20 Q Now, when you were living at Avon Drive, where 21 were you employed? 22 A I wasn't employed. 23 Q Okay. So you were unemployed. Were you on 24 unemployment comp or disability? 25 A Neither. 5 7 1 Q How were you getting by? 2 A 1 lost my wife in an accident. 3 Q So you were on a settlement or something? 4 A Right. S Q Was there a point that you became employed after 6 you.. when you were living at Avon Drive? 7 A Yes. I was -- went to help a friend out through 8 Chimney Sweeps, which did a little bit of construction. 9 Employed there for about -- about a year. 10 Q Okay. And that would be what year, do you 11 remember? 12 A That was the last year we lived on Avon. It 13 would be late '03. 14: Q Who did you work with at Chimney Sweeps? ; 15 A What was his name? John Irvin. 16: Q Is he still with them? 17 A No. 18 Q Where is he at? 1 191 A Where am I at now? 201 Q John Irvin. 21 A He's still running the company. He's still with 22 the company. 231 Q Why did you leave that job? 241 A To go with Acuity Brands Lighting, warehouse job, 251 so I can get 40 hours a week. 6 8 1 Q Where's that located? 2 A That is Seven Logistics Drive, Carlisle. 3, Q What do you do there? 41 A Order selecter. 5 Q What's that mean? 6 A Forklift operator, go around and pick orders. 7 Q That's full time. 8 A Yes. g Q How many hours a week? 10 A About 48 hours a week. 11 Q Have you held that same job to the present? 12 A Yes. 13, Q Any other employment during that time? 141 A No. 15i Q Who's your supervisor there? 161 A Supervisor would be Todd Pedrick. He's new. He 17 i just got there about - 181 Q What's the last name? 191 A Pedrick, P-e-d-r-i-c-k. 201 Q Who's your supervisor before that? 21 ' A Before that would be Lorin Bethrin. (phonetic 22! spelling) 231 Q Okay. All right. What happened to Lauren? Is 241 she out -- , 251 A No. He went to second shift. 1 ---~ .. ---.---------.- 9 1 Q Okay, he moved. 2 Now, did you and Su Ann have mutual friends? 2 3 A Yes. 3 4 Q Who were your mutual friends? 4 5 A Brian and Evie Hill. 5 6 Q How long have you known them? 6 7 A Known him since high school, probably 25 years. 7 8 , Q Any other mutual friends? 8 9 A Tim and Margee. 9 101 Q What's the last name? 101 111 A Margee's is Meyers, and Tim is Landis. 11 12 0 Where's Tim live? 12: 13! A Tim lives with Margee in Carlisle. t don't know 14 the add ress out there. 151 Q Okay. They live together? ! 16: A Yes. 1? Q How long have you known them? 18! A About eight years. 19 Q Any other mutual friends? 20 A That's about it. Family. 21 Q Okay. We talked about at the Avon Drive address 221 you have two vehicles. Then you move from that address to 23 i the Locust Street address; correct? 24 A Correct. 25 Q When you moved to that address, did Su Ann move I in -- move with you? , 2 : A Yes. 3 Q With her two kids and your two kids? 4 A Yes. She has her kids part time, like every 5 other week. 6 Q Okay. And I understand she had kind of -- at the 7 time of the accident, she was kind of splitting her time at 8 I another residence? 9 : A Yes. 10 i Q Is that your understanding? 11 A Yes. 12! Q And that was her mom's house? , 13 i A Her mom's house. 14 Q So when you -- the four of you -- well, we - six 15 of you moved over to Locust Street. okay, you were working , 161 at that time again with the logistics place: right? 17, A Right. 18! Q And was she employed? 19 A She was employed at Eckerd. 20: Q And when -- she said something about losing that I 21 job or quitting that job, I guess. 22 A Right. 23 Q Do you remember when she quit? 24, A That was just recent. August, I believe. 251 Q Okay. So when you guys both moved, whole family 111 moved into Locust Street, you both were employed; is that correct? A Correct. Q Was there a time that you added another vehicle to the household? A The brown truck I got as soon as we moved up to 65 East Locust. Q So at the time of the accident, you had three vehicles in the house? A Correct. Q Who was the owner of each vehicle? A lawn all three of them. 13 Q As far as drivers of the vehicles, at the time of 141 the ~- around the time of the accident who were the ! 15: drivers? 16: A Curt - me and my oldest boy, Curt. He was-- i 17 i usually only operated the Celica and once in a while the : 18; brown truck. 19' Q Did he have to ask his father, you, permission to 20 i drive the brown truck? 21 A Yes. The car he could take any time he wanted, 221 pretty much his, basically, but he has to ask to use the 23 Suburban or the truck. 24 i Q Why's that? 25i A Just -- they're mine. 10 1 Q But the car's yours to. 2 , A Yes. But I pretty much let him use that anytime 3 I he wants. 4 1 Q The car's still in your name, but you allow him 5 to use it? 6 A Correct. 7 Q You've kind of given it to him? 8 A Pretty much. 9 Q Now, during the time that you were - this entire , 101 time that you were living with Su Ann, tell me a little bit 11 about how things ran in the household, who did what? , 12: A I basically ran everywhere, basically, and Curt 13 i would help me out once in a while when I got in a bind or 14 had to stay over from work and she had to be picked up from 151 work, I think Curt picked her up a couple times, but mostly 16i her mom and me did all the running. 17 Q Okay. All right. What were your hours around 181 March of-- 191 A My hours were 5:00 to 3:30. 20 I Q 5:00 in the morning? : 21 A 5:00 in the morning to 3:30. I 221 Q Were all your kids in school? , I I 231 A Yes. My one just recently graduated, my oldest 24' one. 25 Q Where did your boys go to school? ... ____--.J ----------------- 13 15 A Carlisle. 1 A She was always available. She lived with her. 1 2 1 Q High School? 2 She stayed with her mom. 3 A Yes. 3 Q So there was no occasion where her mom went on 4 . Q How about Su Ann's kids, where were they -- 4 : vacation or her mom was ill? I 51 A They were at Crestview, Carlisle area also, 5 A Her mom don't go on vacation. 6 Elementary. 6 Q Okay. 7 i Q Both of them were at the elementary school? 7 A Plus she has a grandma, too, that helps out. S i A Yes. 8 Q Does grandmother drive? 9 Q How did they get to school? 9 A Yes. she does. 10: A Her mom. That's why she lived in town also, 10 Q Tell me about -- any discussion you had with Su 111 because when we moved out to Holly, it's now South Milton 11 Ann before the accident about using your vehicles? 12 Township. 12 A I told her she was not allowed to use my 13 Q So her mom would take the kids to school every 13 vehicles. She has no license, and she's not to operate any 14 morning and pick them up? 141 of them. 15 A Yes. 15: Q When was that? 16 Q They didn't need a school bus? 16 A Probably when we first met. 17 A No. 17 Q Okay. And did you -- was it one conversation or 18 0 Does her mom work? 18 more than one conversation? 19 A Yes, she has a pet grooming place. 19 A One conversation, I guess. 20 Q Okay. 20 Q Did you ever find out, catch her during - before 21 A She makes her own hours. 21 ' the accident taking any of your vehicles? 22 Q That's right. She makes her own hours, so she ! 22: A No, not at all. 23 can kind of work around? 23! Q Who's your insurance agent? 24 A Correct. 241 A Geico. 25 Q How many hours a week does she work? 251 0 Who is your agent, actual agent? -- ----------------- 14 16 i A I have no idea. 1 A Geico , 1 1 2 Q Who does the grocery Shopping for your household? 2 MR. STATLER. They don't use agents. 3 A Me and Su Ann. 3 ' Q You don't have a guy? I 4 Q When Su Ann did it, how did she get there? 4 ! A 1-80Q.GEICO. 5 A Say again? 5 ! Q There is nobody to deal with? 6 Q When she did the grocery shopping, how did she 6 A No. 7 get there? 7 Q And you were aware before the accident of March 8 A Me. We always did it together. 8 4th of '05 that Su Ann's license was suspended? 9 Q She had said sometimes about borrowing other 9 A Yes. 10 people's cars to do it. Do you remember that? . 10: Q Were you aware of the length of her suspension? 11 A No. 11 : A Yes. She was supposed to get them back, I think, 12 Q Catching rides? 12' next year. 13 A Yes, from friends or family. 13 Q Okay. And were there any kind of emergencies 14: Q So she did, on occasion, catch a ride with other 14 during that time period where you were living together 15 i people to do grocery shopping? 151 where she had to take a vehicle to take a sick kid I 16! A Not so much grocery shopping, but if we needed 161 anywhere, anything like that? 171 something like milk or bread, on the way home she'd 17! A No. No. 18! bring -- she'd pick it up when her mom would bring her 181 Q Where were the keys kept for the vehicles? i 19! home. 19! A On the key board above the microwave. 201 Q When did Curt get his license? 201 Q And how many sets of keys are for each vehicle? 21 A Curt got his license -- he's 19 now, three years 21 A Two sets for the Suburban. I had one set for the 22 ago. 22 brown truck. There were two or three keys for the Celica. 23 Q What happened during the situations during those 23 Q Now, on the day of the accident, on March 4th of 241 years where Su Ann's mother was not available to take the 24 2005, did you go to work that day? I 25 kids? Who would take the kids to school? 25 A Yes, I did. ! ------------- -------- ---- ----------- _____...---.J " 1 Q And I think you said you had to be at work at 5 2 o'clock in the morning? 3 A Ves, Correct 4 Q So you got up -- what time did you usually get 5 up? 6 A 3:30 7 Q And you didn't see Su Ann; she stayed sleeping? 8 A Yeah, she had the day off. 9 Q How were the kids? Were they still in the house? 10 A No. Her kids weren't with us then. She didn't 11' have them that week. My kids were there, yes. 12 i Q Were they still sleeping? 131 A Yeah, they go to school. My oldest one didn't; 14\ he's working. 151 Q And you -- what vehicle did you typically drive 16i to work? I 17i A Usually the Suburban. 18; Q And so on that particular day, I think it was - 19: Su Ann said something about the brown truck. Why did you 201 take the brown truck? 21; A I really don't remember. t run it once or twice 22! a week because I don't like vehicles to sit. Just happened 2'3\ to be a day' took the brown truck. 24, Q Okay. So you -- go to work. And when did you 25! find out about the accident? 1 I A After I got home, I didn't see the Suburban. 21 seen the keys were gone -- and then I got home about five 3 I after 4:00, and I guess she called me about quarter to 5:00 4 and said that she wrecked the truck. 5 1 Q What were her exact words? 6 I A She called and just said, I was on my way back 7 and I wrecked the truck, and the cops are here, and I got 8 to go. 91 Q 101 A 11' 12. Okay. Didn't give a location or anything. Q Okay. The -- did she tell you where the truck was? 131 A No. I didn't know. Cops told me afterwards. , 141 Q Did you call the police then? 15\ A No. The cops called me. Mount Holly Springs , 161 police called me and told me that -- I forget who towed it, 171 but that's where it was going to be. 18: Q Did they say anything else about what was going 19 on? 20 A No. 21 Q When did you next hear from Su AnTI? 22 A She called me later on that night. She was in 23 the booking center, and she said she was going to be 24 released in about four hours. 25 Q Okay. And did you say anything at that time? 17 19 A I said, Well, are you going to need a ride? And 2 she said yes. She couldn't get ahold of her mom. It was '3 about 10:00 or 11:00 at night I guess it was. 4 Q So you picked her up at the booking center? 5 A Yes. G Q How was she whell she picked her up? 7 A Very emotional. 8 Q And did you guys have a talk about it? 9 A Very quiet. 10 Q How about the next day? 11 A Next day, just -~ I didn't really say too much 12 about it. I was too furious. 13 Q And did you ever have a time to sit down and talk 14 to her about what happened and why she did it? 15 A She just told me a pack of cigarettes and that's 16 it and got in an accident. 17 Q Did she tell you about all the booze she drank 18 that day? 191 A No. I knew she got OJ DUI. I knew she had to be ! 20! drinking. 21 Q Did it surprise to you sit here today and hear 22 her say that she drank eight Budweisers? 23 A Yeah, that was very surprising. 24 Q Have you -- during your relationship, do you feel 25 she has an alcohol problem? 111 2 I 3 4 5, 6 7 8 9 it. , i ---~ ----, A No. Q Do you concur that she only drinks once every couple weeks? A Correct. Q Do you drink? A Yes, I do, when I got time to. o Do you drink Budweiser, too? A Yes. Usually on weekends is the only time I do 101: Q Is that - do you guys drink any other kinds of 11 beer? 12' A No. 13 Q When you drink, does she drink with you? 14; A Usually not. She -- once in a while, she drinks. : 15: Q Is there any reason on that particular day that 161, you know of that she was drinking more than usual? ! 171 A I have no idea. 18\ Q Do you have any DUI convictions? 19! A I had oTle recently, three years ago. 20 i Q Do you have any other criminal record? 21 A No. , 22 Q Where was your OUI? 23 A Mount HOlly. I, 24i, Q Was it all accident involving injury? I i 251 A No. -~ '. 1 Q Okay. Now, did you ever report this vehicle 2 stolen that day? 3 A No. 4 Q Do you have any personal knowledge of any 5 injuries that Mr. Hickey suffered in the accident? 6 A No, I don't. 7 Q Have you ever spoken with the Hickeys? 8 A No, I haven't. 9 Q Have you ever given any witten or recorded 101 interviews? 11 i A Recorded through my insurance company. Only one? Yes. Any other conversations with police about -- No. MR. DEVERE: All right. That's all my questions, 12' Q 13 A 14 Q 15 A 16 17 sir. 18 19. MR. STATLER: Just a couple. CROSS-EXAMINATION 20'! BY MR. STATLER 211 Q Mr. Hippensteel, on March 4th, 2005, did Su Ann 22, Diffenbaugh have your permission to operate your Suburban? 2'3 A No, she did not. 24 Q And on March 4, 2005, did you know that Su Ann 25 Diffenbaugh was going to operate your Suburban? - ---------------- - ----------- ----- - A No, I did not. 2 MR. STATLER: That's all. 3 ~~~m 4 5 6 7 8 9.. 10 11 12 13 14, 15, 16 17 18 19; 20~ 21 22 23 24 25 21 1 2 3 4 5 6 7 8 9 10 11 12 13 i 14 22' 23 COUNTY OF LANCASTER SS COMMONWEALTH OF PENNSYLVANIA I, Brenda J. Pardun, a notary public, do hereby ! certify that personally appeared before me, BRIAN HIPPENSTEEL, the witness. being by me first duly sworn to testify to the truth, the whole truth, and nothing but the truth, in answer to the oral questions propounded to him by the attorneys for the respective parties, testified as set forth in the foregoing deposition. I further certify that before the taking of said deposition, the above witness was duly sworn, that the questions and answers were taken down stenographically by the said Brenda J. Pardun, Court Reporter, Lancaster County, Pennsylvania, approved and agreed to, and 15 afterwards reduced to print by the said Reporter. 16 In testimoFlY whereof, I have hereunto subscribed 17; my hand this 10th day of November, 2005..1 , 18' 19 20 21 22 23 24 '25 .1 The foregoil certification of this transcript does not apply to any productiOnof the same by an means, unleSS under irect supervIsion and/or control of the certifying reporter. '. . . * * * * * * ***** (22:5) A above (16:19) accident (7:2) (10:7) (11:81 (11:141 (15:111 (15:21) (16:7) (16;23) (17:25) (19:16) (20:24) 121: 51 actual (15:25) acuity (7:24) added (11:4) address (6: 6) (6: 13) (6: 171 (9: 141 (9: 211 (9:22119:231 (9:251 after (7:5) (lS:l) (18:3) afterwards (IB:!]) agent (15:23) (15:25) agents (16:2) ahold (19:2) alcohol (19:25) allow (12: 4) allowed (15:12) always (5:13) (5:15) (14: 8) (15: 1) ann (4:12) (4:20) (4:21) (9:2) (9:25) (12:10) (14:3) (14:4) (15:11) (17:7) (17:19) (18:21) (21:21) (21:24) ann's (13:4) (14:24) (16: 8) anything (16:16) 118:101118:181 (18:251 anytime (12: 2) area (13:5) around (8:6) (11:14) (12:17) (13:23) august (10: 24) available (14:24) (15:1) avon (4:4) (5:24) (6:5) (6:12) (6:17) (6:20) (7:6) (7:12) (9:21) aware (16:7) (16:10) B back (16:11) (18:6) basically (11:22) (12: 12) beer (20:11) believe (10:24) bethrin (8:21) bind (12: 13) bit (7:8) (12:10) board (16:19) booking (18:23) (19:4) booze (19:17) borrowing (14:9) both 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BRIAN HIPPENSTEEL yours years (1:10) (1:12) (16:12) years (4:6) (4:10) (9:7) 19:181114:211 (14:241 (20: 19) yours (12:1) Anrlp.rson r.()Urt RpDnrtinn 26 l~xCh;+ C SHINKOWSKY INVESTIGATIONS 316 Fawn Ridge North Harrisburg, PA 17110.9269 800/276.0202.717/579-6164 Fax: 7171540.1610 www.harrisburgpLcom ishin@harrisburgpi.com John F. Shinkowsky, CPP Licensed Private Investigator t Case # 2005-10-0018 I INVESTIGATION REPORT Report Date: Subject: Client: Client's Reference Number: February 02, 2006 Su Ann DIFFENBAUGH Metzger, Wickersham, Knauss & Erb, P.C. 05-1963 Civil Term INVESTIGATION SUMMARY A neighborhood canvass was conducted in the area of 65 East Locust Street, Mount Holly Springs, Pennsylvania 17065 to obtain information regarding Su Ann DIFFENBAUGH's operation of any vehicles. One (I) resident reported observing a female driving the Chevrolet Suburban owned by Brian HIPPENSTEEL: . Ed DORSEY of 10 East Locust Street reported occasionally observing a female driving the Chevrolet Suburban owned by Brian HIPPENSTEEL. Also, a former supervisor ofSu Ann DIFFENBAUGH, reported Su Ann DIFFENBAUGH may have driven a Chevrolet Suburban: . Jeremy SCHWARTZ, manager oftbe Eckerd Pharmacy in Carlisle, reported that he may have observed Su Ann DIFFENBAUGH driving herself to work in a Chevrolet Suburban on a few occasions. Thursday. December 29. 2005 The following persons were interviewed: Tom DORSEY, Sr. Tammy DORSEY 8 East Locust Street Mount Holly Springs, Pennsylvania 17065 (717) 226-6097 Neither Tom DORSEY, Sr., nor his wife Tammy DORSEY, could recall seeing any female drive any vehicles owned by Brian HIPPENSTEEL. \;\"<.hP,h I Case #: 2005-10-0018 I Page 2 of3 Ed Dorsey 10 East Locust Street Mount Holly Springs, Pennsylvania 17065 (717) 486-7117 Mr. DORSEY stated he observed a female driving the Chevrolet Suburban owned by Brian HIPPENSTEEL. He stated he observed the female driving "a few times". Mr. DORSEY could not provide a description of the female nor could he provide any further information. Wednesday. January 04. 2006 The following persons were interviewed: Donna HOCKENSMITH 17 East Locust Street Mount Holly Springs, Pennsylvania 17065 (717) 486-4492 Ms. HOCKENSMITH stated she does not pay much attention to her neighbor's vehicles and could not identify any person, male or female, who may have operated Brian HIPPENSTEEL's vehicles. Rod CAMPBELL 39 East Locust Street Mount Holly Springs, Pennsylvania 17065 (717) 236-1339 Mr. Campbell stated he does not recall observing any female driving Brian HIPPENSTEEL's vehicles. He further stated it can be difficult at times to observe drivers on locust Street from his property. '., I Case # 2005-10.0018 I Page 3 of3 Shelley BOULLlANNE 319 South Baltimore Avenue Mount Holly Springs, Pennsylvania 17065 (717) 486-3717 Ms. BOULLlANNE stated she does not know Brian HIPPENSTEEL nor is she familiar with his vehicles. She could provide no information relevant to this investigation. Tuesdav. January 24. 2006 The following person was interviewed: Jeremy SCHWARTZ Manager Eckerd Pharmacy 429 South Hanover Street Carlisle, Pennsylvania 17013 (717) 258-4800 Mr. SCHWARTZ stated he was the former supervisor of Su Ann DIFFENBAUGH when she worked at Eckerd. Mr. Schwartz stated that normally Ms. DIFFENBAUGH's mother drove her to work and on occasion Ms. DIFFENBAUGH's boyfriend, driving a pickup truck, would drop her off. Mr. Schwartz further stated that, although he is "not 100% sure", Ms. DIFFENBAUGH may have driven herself to work in a Chevrolet Suburban "on a very few occasions". Mr. SCHWARTZ could provide no further information relative to the investigation. \iVVVV/ :::i ." t;<~ ; b ; t ]) 3 JOEY HICKEY and 4 5 6 vs. 7 8 9 10' 11, 12 13: 14 15 16 17' 181 COUNSEL PRESENT: . '. 2' 3 NANCY HICKEY 1 STIPULATION 2 It is hereby stipulated by and between counsel 3 for the respective parties that sealing, certification, and 4 filing are hereby waived; and that all objections except as CO PY"orm of the question are reserved to the time of 7 8 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW . No. 05-1963 SU ANN DIFFENBAUGH and 2:02 p.m. BRIAN K. HIPPENSTEEL JOEY PETER HICKEY, Deposition of . JOEY PETER HICKEY 101 called as a witness, having been duly sworn or affirmed, 11 testified on his oath as follows, to wit: Taken by John A Statler, Esquire 12' DIRECT EXAMINATION Before Brenda J. Pard un, RPR Court Reporter 13 BY MR. STATLER: 14 Q Tell me your full name, please. 15, A Joey Peter Hickey. 16 Q Your address? 17' A 25 Yates Street, Mount Holly Springs, PA 17065. 18 Q Mr. Hickey, my name is John Statler. I'm an 191 attorney, and I represent Brian Hippensteel, who is one of 20 two defendants in a lawsuit that you and your wife have 21! filed in the Court of Common Pleas of Cumberland County as i 22' a result of a car accident that happened on March the 4th 231 of 2005. And we're here today at my office to take your 24 deposition, which means ask you questions under oath about 25 the circumstances of the accident and also about the Date October 19, 2005 Place Law Office 301 Market Street Lemoyne, Pennsylvania 19' METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere, Esquire 3211 North Front Street P. O. Box 5300 Harrisburg, Pennsylvania 17110-0300 For Plaintiffs 20 211 22 231 24i 25 JOHNSON, DUFFIE, STEWART & WEIDNER, P,C. John A. Statler, Esquire 301 Market Street P. O. Box 109 Lemoyne. Pennsylvania 17043-0109 For Mr. Hippensteel 2 4 1 EXAMINATION INDEX 2 JOEY PETER HICKEY 3 DIRECT BY MR. STATLER 4 5 6' ! 7 injuries and damages you claim to have suffered in the 2 accident. And do you understand that that's why you're 3 here today? 4 ' A Yes, I do. 5 Q I want to give you a few instructions that I 6 ' would ask that you listen to and follow throughout my 7 questioning today to be sure that we have an accurate 8 transcript and that we're both on the same page as far as 9 what we're doing today. 101 First of all, if you don't hear a question that I 11 ask, tell me that you didn't hear the question. I'll ask 12 it again and in a louder voice. Will you do that? 13! A Yes. 14i Q Are you having any trouble hearing me so far? 15 A No. 16i MR. STATLER: Mrs. Hickey, if you would, I'd like 17 to have you listen to these instructions. I 181 MRS. HICKEY: Okay. 19. MR. STATLER: They'll be the same instructions 20: for your deposition. That way I don't have to repeat 21 them. Is that okay? 22' MRS. HICKEY: That's fine. 231 BYMR. STATLER: 24 Q If you don't understand a question - if either 25: of you don't understand something that I ask, you're 1 u__-.J 3 8: 9 101 11, 12 EXHIBIT INDEX (No exhibits marked.) 13i I 14' 151 16 17i 181 19, 201 21 22' 23. 241 25' '. , - 1 ! confused about it, you don't understand a word I'm using, 2 whatever, just tell me that you didn't understand the 3 question or ask me to rephrase the question, and I'll be 4 I glad to do that. Okay? 5' MRS. HICKEY: Yes. 6 i Q You're only expected to answer questions that you 7 understand, but the only way I'm going to know whether you 8 understand or not is for you to tell me. Do you understand 9 that? 10 A Yes. 11 Q It's also necessary for you to give a spoken 12: answer in response to a question, rather than just nodding 13: or shaking your head or giving some sort of nonverbal 14 answer or gesture. If you don't speak words, I am going to 151 prompt you to speak. Do you understand that? 16 A Yes. 17' MRS. HICKEY: Yes. 18 Q If you don't know the answer to something, just 191 tell me you don't know. If you don't remember the answer, 20: if you don't remember something, truthfully, tell me you 21 don't remember. 221 A Right. 23 Q I don't want you to be guessing about anything, 24i Do you understand that? 251 A Yes. 1 i MRS. HICKEY: Yes, I do. 2 Q Please let me finish my question before you begin 3 ! your answer, I will let you complete your answer before I 4 start my next question. But at any time, if you were not 5 ; finished with your answer, if, for whatever reason, I moved 6 on to the next question inadvertently and you had more to 7 ' say, let me know, and I will stop, and we'll let you 8 complete your answer. Okay? 9 A Yes. 10 Q And finally, if you need to take a break at any 11 i time -- get up and stretch, use the restroom, you want 12 something to drink, you want to take a break to talk to 131 your attorney, whatever --I want you to be comfortable. 14 Just let me know. Okay? 15; A Yes. 16 MRS. HICKEY: Yes. 17i Q Do you have any question about those 18 instructions? 19' A No. 20 Q All right. Mr. Hickey, I want to ask you some 21! background questions if I can, and I know a little bit 22! about you because you provided answers to some written 23! questions that we called interrogatories. And I have your 24 date of birth listed as September 7th, 1957. 25 A No. 5 7 1 Q It's not true. Okay. Well, we're off to a bad 2 start. What is your date of birth? 3 A 8/17/43 Q Boy, we were close. 5 All right. Howald are you? 6 A Sixty-two. 7 ' a All right. Okay. And you live at 25 Yates 8 Street? 9 10 11 12, 13 14 15 4 A Yes. a A 16i And how long have you lived there? Two years. Q And who lives there with you? A My wife, Nancy. Q And looks like you -- A And two greyhounds. Q Rescued? 17 A Yes. 181 Q And you and Nancy have been married how long? 19 A Two years. 20i Q All right. Are there any children to the 21 marriage? 22 A No. 23 Q Now, it's my understanding that at the time of 241 this accident you were disabled from all employment? 25 A Yes. 6 8 1 a You were not employed; is that true? 2 A Yes. 3 a Does your wife work? 4 A Yes. 5 a Where does she work? 6 A Wolfs Bus company. 7 a And what does she do for them? 8 A Charter sales. 9 , a What is it? 10 A Charter sales. 11 a How long has Nancy worked for Wolfs Bus Company? 12' A I believe three years. 13 a And what are her regular hours? , 14, A 8:00 to 5:30. 15 a Monday through Friday? 16, A Yes. And one Saturday a month. 17 a What time does she usually leave for work? 18 A Twenty after 7:00. 19, a And what time does she usually arrive home? 20 A About ten of 6:00. 121 ! a Okay. 1 want to start in your medical 22', background, if I can. I understand that your disability 231 stems from an accident that happened back in 1960? 24' A Yes. 25 a Well, that was a long time ago. The only thing J '. . .. 1 i know about it is that you had a fall at a construction job 2 i and had an injury to your back and your leg. 3 i A Right. 4 ! Q Can you tell me a little more about that? 5 A I worked for plumbing manufacturing company, and 6 ' I fell up in Upper Lake, New York, and I had lower -- in my 7 ! lower back and my left leg. And I nursed it until '70 8 or -- in the late '70s, until finally 1 ended up having 9 seven back operations, and I had lost the use of my left 10 leg for about -- about 20 years, pretty near, I guess it 11 was. 1 wore a full brace on that and wore a full back 121 brace. My back brace I wore part time. And then 1-- I 13 J basically just have a back problem, when my lower back -- 14 it's all down in my tower back is where it is. It's not up 15i' in my upper back or shoulder. 16 Q Okay. And the accident was a work-related 17 accident? 18,' A Yes. I fell off a -- the ladder came down. 19' Q How far did you fall? 20, A Forty feet. 21 Q Long ladder. 22! A Yeah. 1 was up on a gable of a house. 23 Q Did you sustain fractures, or what was the actual 241 injury? 25: A Well, my back, and at the time I put an electric 1 ! drill in my jaw. That was all right. 2 Q Were any of your vertebrae fractured in that 3 i accident? 4 A Yes, that's where I ended up having a vertebrae 5 I operation. I don't understand all the operations. The 6 , doctors, you know, they just tell you they're doing it, and 7 i this and that 8 ! Q You said you've had seven different back 9 I operations? 10: A Right. 11 Q And.. 12! A That was from -- from in the '70s to '80. In 13: '80, I had my last one. 'wouldn't have any more. That 14 was it. 15i Q Who did the surgeries? 16 A Oh, God. Truthfully, I can't remember. 17! Q Were they done in Pennsylvania? 18 A No. No. I moved to Pennsylvania late 2000. 191 Q So they were done jn New York? 20 A Yeah. 21, Q Do you remember what hospital? 22 A Well, I had some done in Upstate Medical Center. 231 Q Where's that? 24 A Syracuse, New York. 25 Q Okay. 9 111 1 A And I had some done in Watertown Hospital. 2 Q In Watertown, New York? 3 A Watertown, New York. 4 Q Anywhere else? 5 A No. That's where I had operations done, yeah. 6 Q So the seven operations combined would have been 7 done either at Upstate Medical Center or at Watertown 8 Hospital? 9 A Yeah. Yeah. 10; Q Okay. And that was all done in the 1970s? 11 A Yes. , 12 Q Up until maybe 1980? , 13i A I had one -- , had one done in '63, I think it 14, was. I'm not positive. 15 Q Okay. After all the surgeries were done, what 161 was your condition afterward? What limitations, if any, 17 did you have? 18: A I have limitations. I -- I was put on permanent 19: disability in 1980. i 20 Q Okay. And I saw that. It looks like you applied 21 i for and received social security disability? , 22 A Yes. Yes. 231 Q And what were the limitations that you claimed 24: that they.. 25 A I couldn't -- at the time I couldn't bend and 10' 12 1 that And I'm limited on lifting and that, you know, I - 2 Q When you submitted your social security 3 : disability claim, did some doctors write reports for you? 4 A They did - ! think they did for social 5 ; security. I-I went to a hearing and the judge had stuff 6 there. I don't know where he got it or anything. He had 7 everything thers. 8 Q And your limitations were that you couldn't bend? 9 A Right. , 10! Q And you-- 11 A Bend and pick up and things. 12 Q Okay. Couldn't lift, limited on lifting. What 13; else? 14 i A Limited on walking, climbing and that, you know. 1511usedtobe-- i 16) Q So you were not able to do construction work? 17 A No. No. No. No. No. I ~- construction was 18i done. " 191 Q Okay. And have you been receiving full social 20! security disability since-- 21 A Yes. 22 Q -- since 1980? 23; A Yes. 24f ! 25 Q Is that reviewed from time to time? A Yes. H~ , ___ ,-.----J '. , - 1 Q How many times has it been reviewed? 2 A Oh, I've been reviewed several times. 3 Q Do you remember when the most recent review was? 4 A Three years. 5 Q Three years ago? 6 I A Well, maybe - well, I guess it's maybe four 7 years, about four years ago. B i Q And each time you were reapproved? 9 A Yes. 10 Q Now, I understand - I just want to ask you a few 11 i other questions about some of your other medical 12 conditions. You had a heart attack in 1978? 13' A Yes. 141 Q Did you fully recover from that? 15 AVes. 16i Q Any follow-up problems? 17 A No. I went to -- I did go to follow up, and the 18! doctor give me clear bill of health. I went to everything. 19 Q Okay. Are you under the care of a cardiologist? 20 A No. Under care of nobody. 21 Q And I understand that in 1997 you had to have 22 your gallbladder removed because of a liver problem coming 23! from some medications you were taking? 24 A Right. 251 Q Could you explain that to me? What were you 1 . talking and what happened? , 2 1 A I don't remember what I was -- the drugs I was 3 : talking for my back, and then they found out that my liver 4 I was bad, and I finally had somebody take out my 5 gallbladder, and so far I -~ I don't take any medication. 6 i I have to be very careful on medication, so ~~ 7 : Q The medication you were taking for your back in 8 . 1997, was that pain medication? 9 ! A Pain medications, yes. 10 Q Do you take any medicine now? 11! A Do I take any medicine? 12 Q Yeah. 13 i A I take - I'm a diabetic. I take a shot in the 14' morning and two ~~ two Glucotrol pills. That's it. 15! Q So you're taking an insulin shot? 16 A Yes. 171 Q How's your diabetes currently? 18 A Good. 191 Q Which type do you have? 20' A I don't know. 211 Q All right. Who treats you for that? 22 A Dr. Dell. , 23! Q That's your family doctor? 241 A Yes. 251 Q How long has Dr. Dell been your family doctor? 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14, 15 1161 17i , 18' 19 ,20 21 221 23, , 24 25' 14i I 1 , i 2 3 4 5 6 7 , 8 9 10 11 12 1 13' 14' 15 16 , 17 18' 191 15 A Two years. Q And who was your family doctor before Dr. Dell? A Andrew LaFrance, Edwards, New York. Q Where? A Edwards, New York. Q Where's that? A Up in the Adirondack Mountains. Q Was he on his own or was he with a group? A On his own. Q And how long was Dr. LaFrance -- is it L~a-f-- A - f.r-a-n-c-e. Q Okay. That's the way I spelled it. How long was he your family doctor? A Probably ten years. Q Okay. Now, I understand that you suffered a stroke recently? A A year .- a year, June 1 st, I think it was. Q June of '04? A '04. Q And what has been the result of that? What problems, if any, are you having because of the stroke? A 1 don't see any problems. Q So as far as you're concerned, you're totally recovered from it? A Oh. yeah. __I - 16\ I Q You're not taking any medication? A No. Q Any blood thinners? A Nothing. Q Okay. I read somewhere, maybe it was in your Answers to Interrogatories, that you had some limitations in the ability to reach with your left arm and coordination in your left hand as a result of the stroke? A Yeah. Q So you're showing me that - A I can raise my hand like that far, and (demonstrating) ~~ Q Okay. A But otherwise, I can-- Q Strength is good in that hand? A The strength is good, yeah. Q How about the coordination in the left hand? A Coordination is good. Q Are you left~handed or right~handed? 20' A Right-handed. ; 211 Q As far as the ability to reach, you're limited in : 22: being able to reach overhead -~ ! 23, A Yes. 241 Q -- with the arm, the left arm? 25 A Yes, sir. ----- ---- --- - -- - - ---------~ , '. . .. 17 19 Q Now, , want to ask you about the accident. The heading toward Baltimore Avenue? i 2 ! car accident happened an March the 4th of 2005 around 4:45 2 A Yes. 3 in the afternoon? 3 Q And you encountered a line of four to six cars 4 A Yes, sir. 4 that were stopped? 5 Q And where did it happen? 5 A Yes. 6, A On Yates Street, at the intersection of 94 .. 6 Q And why were the cars stopped? 7 route 34 and 94. 7 A Stop sign. 8 Q Now, you live on Yates Street? 8 Q So they were backed up from the stop sign? 9 A I live on Yates Street. 9 A Right. 10 Q So it happened near your home? 10' Q What is the layout of Yates Street as it 11 A Yes, sir. 11 approaches Baltimore? And by that I mean, is it straight 12! Q And where were you coming from and where were you ,12, and flat? Does it curve? Is it hilly? Say in the quarter 13, going? 13 mile leading up to Baltimore - Baltimore Street, Baltimore 14' A I was coming from my home to pick up my wife at 141 Avenue. 15, work. 15 A Leading to Baltimore? It's straight. 16 Q This happened on a weekday? 16 Q Does it go uphill or downhill at all? 17 A Yes, sir. 17 A No. It's straight. 18i Q What was the weather like at the time of the 18 Q Straight and flat? 19 accident? 19 A Um-hum. 20i A Good weather. 20 Q So you came up - were you the last car stopped 21 Q Roads were dry? 21 in the line? 221 A Roads were good. 22 A Yes. 231 Q And what kind of a vehicle were you operating? 23 Q Okay. How long were you stopped before you first 24 A 2001 Suzuki. 24; looked in your mirror when you saw nobody coming? , 25! Q One of those, like, little SUVs? 251 A Oh, I don't know, four to five seconds. I just 18 20 1, A SUV, yes. 1 don't really .- , 2 Q Is that a standard transmission or automatic? 2 Q And the first time you looked, there was nobody 3 A Automatic. 3 coming? 4 Q Do you have any kind of special adaptive devices 4 A Nobody coming. 5 that you need to operate that vehicle? 5 Q How far back could you see, when you were looking 6 A No. No. S ; in your rearview mirror? , 7 i Q Okay. Do you have a handicapped parking placard 8 ! for your vehicles? 9 A Do I have a handicapped -- not in Pennsylvania. 10,' Q You don't have anything that you need, like to be 11 able to use a handicapped space? 12 A No. 131 Q What do you remember about the happening of the 14, accident? 15' A What do I remember? I remember I was going to go 161 get my wife at worK And 1--1 pull on the highway. I 17' don't back out on the highway, I pull on the highway, 181 turned right, went down and got into the fine of traffic. 191 There was approximately four to six cars ahead of me, 201 stopped. And I looked at my mirror; there was nobody 21! coming. And I looked in the mirror, and I see somebody 22 just acoming. And that's -- then it was a bang. 231 Q Okay. Was it stili light out? 24 A Oh, yes. And I hit the car in front of me. 25; Q Okay. So you -- you started down Yates Street 7 A So I see a good 1500 feet. 8 Q Did your car ever move forward before it was 9 , hit? In other words, you came to a stop and you looked in 10' your rearview mirror a couple oftimes? 11 A I was moving with the traffic. 12 Q Okay. 13 A I moved with the traffic. 14: Q So as cars would pullout from the stop sign, the 15 i other cars would move up? 16 17: A Right. Q And you would move up? A I would move up. Q Now, the second time that you looked in your rearview mirror you saw a car coming or a vehicle coming? , 181 19 i 201 21,' A She was right - and then bang, That was a ; 221 crash. That was alii remember. I mean, I -- that's what , , 23; happened. And then she shoved me into the car in front of 24; me. 25: Q So what I'm hearing you say is when that -~ when , .. 1 ' you looked the second time, although you saw the truck or 2 car behind you, it was right on you at that point? 3 A It was right there, and that -- it hit me. 4 Q You didn't have time to get out of the way? 5 A No, not really. 6 Q Was your car completely stopped when it was hit? 7 A Yes. 8 Q Was your foot on the brake when you were hit? g A Yes. 10 Q And you were pushed forward into the vehicle in 11 front of you? 12 A Yes. 13! Q Before you were hit, how much distance separated 14. the front of your vehicle from the rear of the vehicle in 151 front of you? In other words, how far behind that vehicle 16, were you stopped? I 171 A Probably a foot. 18 Q Tell me what happened to your body when your 19! Suzuki got hit. What happened to you inside the vehicle? 20 A It happened 50 fast, alii know is I went to 21 move, and I couldn't move. 221 Q Do you know if any part of your body struck 23 anything inside the vehicle? 241 A That, I can't tell you. I do not know. 25 Q Were you cut or bleeding at the scene? 1 A No. 2 Q Was anything swollen at the scene, any noticeable 3 ~ bumps? 4 A No. Ails I -- my - was in my shoulder and the 5 arm, I couldn't move it. I mean it was - the pain was 6 terrible. 7 I Q Okay. Where did your vehicle come to rest? a Where did it finally stop? 9 A Right when I hit the guy, right -- basically 10 right about there. 11 i Q Still in your lane? 12 A Oh, yeah. I was right in my lane, yes. 131 Q Did you get out of the vehicle? 14 A I couldn't. 15 i Q Couldn't get out? 16 A I couldn't get out. 17! Q Why not? 18' A The pain. I couldn't move. 19! Q Where were you having the pain? 20 A In my upper - my upper shoulder. 21 i Q Which shoulder? 221 A Right in my - right. 231 Q Your upper right shoulder? 24 A Right. In back - my upper right back 25 (pointing), whatever you decide. To me, it's the shoulder 21 23 1 and-- 2 Q You're indicating your upper right back, upper 3 right shoulder? 4 A Right. Right. 5 Q Was your right arm also bothering you? 6 A Yes. 7 Q How about your neck? 8 ' A Yes, My -- the main thing was my shoulder. 9 mean, that's what stopped me. My arm, I couldn't move it. 10 Q Were you experiencing any pain in your legs at 11' the scene? 12 A I had so much pain in my arms, I couldn't -- 13 Q Were you having pain in your left arm? 14, A No. In this arm here (pointing). 15 Q It was all the right arm? 16i A It was all the right arm. 17 Q How did you eventually get out of the vehide? 18: A They took me out on a backboard stretcher. 19 0 So the EMTs.. 20: A The EMTs got me out. 21 Q Now, the lady who hit you has been identified as 22 Su Ann Diffenbaugh. Did you know her before this accident? 23' A No, sir. 24 Q Had you ever seen her before? , 251 A No, sir. 22! 24j ! 1 Q Did you talk to her at the scene of the accident? 2 , A No, sir. 3 Q Did you hear any statements that she made to 4 anybody at the scene? 5 A She wanted -- I heard her hollering she wanted 6 her keys, and they took her keys out of her car and threw 7 them up on the roof of my car, and she got out of her 8 , vehicle and went up to get them, and she was trying to 9 leave the scene of the accident. , 101 Q Who took the keys out of her car? 11 A I don't know. There was a tractor trailer behind 12' her, and she couldn't move. , 13! Q So she was trying to leave the scene of the 14, accident? 151 A Scene of the accident, yes. 16 Q Now, other than hearing her holler that she 171 wanted her keys, did you hear her say anything else? 18, A I don't know what she said. I could hear 19: something going on. I heard the people told her -- the i 201 driver of one -- of the tractor trailer that was behind her 21: came up to me to see how I was, and they had called the : 221 ambulance, and they said, Well, she is drunk. I said, 23 Well, I don't know about that. But.. 24 i Q Um-hum. Did she ever come up to you and have a 25; conversation? . .' 1 I 2 3 4 5 6 7 8 9 10 11 12 131 14 15' 16 17 181 A No. Q Have you ever talked to her since the date of the accident? A No. Q Are you aware of any statements that she'd made to anyone about the accident? A No. Other than what I read in the police report. Q Okay. Do you know anything.- do you personally know anything about how it was that Ms. Diffenbaugh came to be driving the vehicle that she was driving that day? A No. Q Do you have any knowledge about whether or not she had permission to drive that vehicle? A No Q Did you talk to the investigating police officer? A Did I talk to him? Q Yeah. 19 A I talked to him afterwards, after the accident. 20: A couple weeks later, I went down to the -- see about the 21! police report, and -~ but when I was in the hospital, 1 22 didn't see him. He talked to my wife. 231 Q Okay. Do you know if any charges were pressed 24 against Miss Oiffenbaugh as a result of this? 25! A I heard that she was charged with DWI. Do you know if she had any prior OWls? It heard that she had. Do you know whether -- where did you hear that 1, Q 2 j A 3 Q 41 from? 5 A From the trooper. 6 Q Okay. 71 A Or the Holly police officer. 8 Q And by the way, just -- I want to clarify 9 something. If I ask you if you are aware of anything or if , 101 you've heard anything, I'm asking about anything that you 11 may have learned from anybody other than your attorney. 121 You can't tell me anything that you've learned from your 13 attorney. Okay. 141 Did you learn at some point that Ms. Diffenbaugh 15. had had her license suspended prior to this accident? 161 A Yes. 17 Q And do you know, had you heard that that was 18, because she had a prior OUI? 191 A Yes. 20 Q Did you testify at any hearings against Miss 21! Diffenbaugh? 22 A I was subpoenaed two or three times, and they 23: had -- they -- they postponed it, and the last time I was 241 to go to court, I was getting ready to go to court and the 25! Holly police officer called me and said, Don't come to 25 27 1 court. She's going on through to the county court or 2 whatever. I don't know where she's going, but he said it's 3 going on, but that's -- but I haven't gone to any. 4 Q So you haven't actually testified? 5 A No. No. e Q This is the first time you've given any testimony 7 as a result of -- regarding the accident? 8 A Yes. 9 Q Never given a deposition before? i 10' A No, sir. 11 Q Any testimony under oath? i 12~ A No, sir. 13 Q Now, my client, Mr. Hippensteel, was the owner of 14! the vehicle. Have you ever talked with Brian Hippensteel? 15 A No, sir. 16 Q Are you aware of any statements that Brian 17! Hippensteel has made to anybody about this accident? 18 A No, sir. 19 i Q Have you had any contact at all with 20! Mr. Hippensteel since this accident? 21 A No, sir. 22 i Q He hasn't contacted you? 23 A No, sir. , 241 Q All right. Now, I'd like to talk about your 25 treatment following the accident. And you were taken out 26 28 1 of the vehicle on a backboard by the EMTs. Where did they 2 ; take you? 3 A Carlisle Medical Center -- Hospital, whatever. 4, 0 Did you ever lose consciousness? 5 A No. , 6 Q So they took you by ambulance to the Carlisle 7 1 Medical Center? 8 A Yes, sir. 9 Q What did they do for you at the scene? In other 10 words, when they were attending to you, what -- 11 A They were trying to get me out of the vehicle. 12 Q Okay. Did they start any IVs or-- 13 A No. They put a -- they put a collar on me. 14 0 Cervical collar? 15, A Yes, sir. 16 Q Around your neck? 17j A Yes, sir. ,18 Q And transported you to the hospital, Carlisle? I ! 19i A Yes, sir. , ,20 Q What did they do for you at the hospital? 21 A Took me to the ER room. .22 Q What did they do for you at the ER? , 23, A X-ray. 24 Q What parts of your body were x-rayed? 251 A My upper back. -.-.---.- _I . .. ~ ~ Q Okay. Do you know what the result of the x~rays 1 chiropractor at the time of this accident? 2 were? 3 A They said it was a -- compound or -- some type of 4 fracture. 5 6, 71 Q Compression? A Compression fracture. Q Had you had any compression fractures from the 8 fall that you had back in 1960? 9 I A No, sir. 10: Q Were the medical personnel at the Carlisle 11 i Hospital, were they able to tell you whether the , 121 compression fracture was new or old? 13: A They told me it was new. 14 Q And what did they do for you then after they read 15 the x-rays? 16! A Let me go home. 17 Q Did they put in you any kind of brace? 181 A No, sir. Gave me pain pills. 19 Q That was going to be my next question. They gave 20 you some medication? 21 A Yes, sir. 22 Q How did you get home? 23' A My brother.in-Iaw. 24 Q Okay. And who did you next see for treatment 25 after the hospital, do you remember? A I went to Dr. Hely's office. Q And why did you choose Dr. Hely? 3 ; A Because the hospital give me his - made the 41 appointment or whatever, or else gave me a paper and my 5 wife made the appointment. I'm not sure. 6 Q Had you ever been a patient of Dr. Hely's before? 7 A No, sir. 8 Q How about Appalachian Orthopedic Center? Have 1 21 9 you ever been a patient of theirs before? 10 A No, sir. 111 Q Had you ever treated with any orthopedic doctors 12: in Pennsylvania prior to this accident? 131 A No. 14 Q Had you ever treated with any chiropractor in 15! Pennsylvania prior to this accident? 16' A Yes, sir. 17 Q Where? 181 A Holly Pike. 19 Q What's the name of the place or what's the name 20 'I of the doctor? 21 A It's -- he's got a funny name. John 22 something -- I -- I don't know what. 231 Q And this was a chiropractor on the Holly Pike? 24 A Right. I went to him after my stroke. That's- 25 Q Were you still actively treating with a 2 A No, sir. 3 Q What did the chiropractor do for you? What 4 part-- 5 A He worked on this arm. 6 Q On your left arm? 7 A My left arm. 8 ! Q Okay. So you went to see Dr. Hely, looks like 9 you first saw him on March the 11th, which would have been 10! about a week after the accident? 11' A Yes. sir. 12' Q And he said that you were complaining of symptoms 13 of pain in your chest and in your back, you were having 14: difficulty sleeping and lying down, felt short of breath, 15 and having pressure across your chest and pain in your 16! back? 171 A Yes, sir. And.. my upper back. '18' Q Upper back. Okay. 19' What -- what did he tell you the problem was? : 20 What did he diagnose? 21 A I don't know what he diagnosed. I -- he told me 22 what to do. He told me to go home and put heat on and 23 that, and he said it'd be a while till it healed and - 24 Q How about as far as activity? Did he want you to 25; increase or decrease your activities? 30: 1 A I just couldn't do anything at the time. - -- ----, 2 Q Did he want you to be limited in what you could 3 do? 4 A He didn't say. He didn't say. 5 Q Did he give you any exercises to do? 6 A No, sir. 7 Q Okay. Now -- then it looks like you followed up 8 with him on April the 8th, which would have been about a 9 month later. Your back apparently was more painful then. 10! And he noted that your discomfort was mainly at the lower 11 dorsal spine. His impression was that you had sustained a 12! lumbar strain, and he scheduled you for a bone scan. Do 13 you remember talking to Dr. Hely about a bone scan? 14 A Yes, sir. 15 Q What did he tell you about that? 16 A I went n go have a bone scan. i 17 Q Did he tell you why that would be a good idea? 18' A No. : 19 Q Did you get it done? 201 A Yes. i 21 Q And what's your understanding of what the bone : 221 scan showed? : 231 A Dr. Hely wasn't too .- wasn't anything serious, I 241 guess. I don't know. 1251 Q Okay. All right. What--afterthebonescan, - .. , -- 1 what treatment did Dr. Hely provide or recommend for you? 2 ; A He didn't recommend any -~ just continue on 3 and -- he said it would take care of itself. 4 Q Okay. And you were seen on April the 18th. 5 That's when he read -- 1 guess read or interpreted the bone 6 scan, which, according to his records, showed increased 7 activity in the lower dorsal spine and also at L3 in the , 8 . lumbar area. 9 I And you saw him again on May 23rd. And he said 101 that your back had improved, but you continued to have 11 i symptoms of pain in the right shoulder. What did Dr. Hely 12! tell you about your shoulder? 131 A Time would take care of it. 14, Q And then the last office visit that I have is 15 June the 8th .- 16' A Yes. 17 Q -- of '05. He was rechecking your back and left 18, arm. You were still showing steady improvement of your 19 back symptoms, less difficulty. He was suggesting that you 201 advance your activities. Is that the last time you saw 21 Or. Hely? 22 A Yes. 23 Q And did he not want to see you again or .- 24 I A No. He told me if I really flared up, to caJJ 251 him. If not, it would just take time, and it wasn't till September, the middle of September, before I could actually 2 i lay down and roll. I had to get up and -- on my shoulder. 3 Q Let me ask you some questions about the last few 4 months. Since June, June the 8th, which is when you last 5 saw Dr. Hely, has your condition improved? Have you 6 ! continued to improve? 7 , A Yes. 8 ' Q So Doctor Hely's advice that over time it would 9 1 get better, does it seem to be working? 10! AVes. 11 Q Now, you said that it was not until the middle of 12' September that you could actually lay down and roll. 13,1 A Yeah. 141 Q What do you mean? 151 A When I lay down to turn over, I couldn't turn I 16 over with my shoulder. That's when it would start pain. 17i Otherwise, I was fine. 18! Q And currently, what -- what symptoms ar what 191 problems do you still have that you would relate to this , 20, car accident? , 21 A Nothing, right now. 1 ~- today, I'm very good. 22' But then I don't know what tomorrow will bring. 231 Q When did you last have any problems that you felt 241 were still related to the car accident? 25' A Oh, I have a problem if I go to do something 33, 35, , 1 sometimes with this hand. 2 Q With your right hand? 3 A With my right hand. 1 -- 1 don't do it, you 4 know. 5 Q Okay 6 A And tl1at gets kind of disgusting. You can't do 7 what you want to do, 8 Q Give me an example of some of the things that you 9 no longer do with your right hand that you would have been 10, doing? I 11 A Oh, I -- well, I go to fix something, repair , 12: something and that, and then my arm wHl start aching and 13', that, and I just give up on it and -- or I try to do some 14' trimming around the house, 1 can't do it, and so I -- 15' Q Do you have any plans to go back to see Dr. Hely? 16 A No. 17 Q All right. And I guess you also saw your family 1 B doctor a couple of times following the accident. That 191 would be Dr. Dell? ,20, A Yes. 21 Q And the notes that I have, you saw him on March , 221 the 22nd of this year complaining of chest discomfort. r 231 Now, that would have been about roughly two weeks or so 241 after the car accident? 125: A Yeah. 34 36i I 1 Q And his diagnosis was a T11 compression fracture 2 in your back, and then you saw him again on May ~- I'm 3 sorry, April the 4th of 2005 complaining of persistent pain 4 in your right chest wan that was increasing at night. He 5, said that you were taking codeine and going to physical 6, therapy three times a week. 7 A Yes. a Q Who prescribed the codeine? 9 A The codeine I got from -- I believe it was Dr. -- 10! that -- Dr. Hely. 11 Q When did you last take any codeine? 12: A I can't remember. 13i Q Okay. And the physical therapy, what was that? 14, A They was working on my shoulder, tried to do it, 15 and then they -~ it didn't do any good, so 1-- 1 just -~ 18! they said not to. i 17 Q Okay. Did Dr. Hely prescribe the physical 18 i therapy? 191 A No, Dr. Dell's office did. 20i 0 Okay. All right. And other than Dr. Dell's 21 office and Dr. Hely's office, have you seen any doctors -- 22, A No. 23 Q -~ for this accident? 24 A None at all. ,25' Q Now, your medical bills from the accident, have -,---- '----- ~ . .. . .' 1 they all been paid by insurance? 2 A My medical bills have. 3 Q They have? 4 A Yes, I guess. I haven't got any. 5 Q It looks like you had $5,000 in first.party 6 medical coverage through Brethren Mutual Insurance Company. 7 A Yes. a Q As far as you know, you did not exhaust or use up 9 ' all of that coverage? 10 A Not that I know of. 11 Q Never got a letter from them saying that your 121 coverage has been used up? 13 A No. 141 Q Now, you did have some out-ofMpocket expenses 15, that I'm aware of. You had a car rental expense of a 16! hundred three dollars and forty-nine cents? 17 A Right. 18 i Q And what was that for? 19 A Car rental. 20 i Q I know, but why did you have that expense versus 21 your insurance company? 22: A Because they only allotted twenty dollars a day. 23' Q Okay. And how many days did you have a rental 241 car? 25 A I don't remember. Q But the amount that was not covered was a hundred 2 1 and three, forty.nine? 3 A Yes, sir. 4 Q And then you had a deductible on your collision 5 insurance of five hundred dollars? 6 A Yes, sir. 7 Q And that hasn't been reimbursed by anybody? 8 A No. g Q And I saw a listing of mileage expenses to and 10 from doctors' appointments of a hundred and seventy dollars 111 and twelve cents? 12' A I believe that's what it was. 131 Q Are there any other out.of-pocket expenses that 14' you've incurred that I haven't listed, other than these? 15! A I don't believe there is. 16 Q Ifthere are any, if you can-- 171 MRS. HICKEY: No. I was justthinking. I don't 181 know what all he forwarded over to your office, if there 191 was anything else that you can think of that we have. I i 20. don't -. I don't want to say no, but I don't think there's 211 anything other than whatever you may have had on your data i 22; because usually everything that was an expense we forwarded 231 to your office, Clark's office. 24 Q Now, on your Brethren Mutual policy that I 25 reviewed, you were a limited tort insured; you had elected 37 39 1 the limited tort option? 2 A I don't understand the torque and no torque. I'm 3 from New Vork originally. 4 Q All right. Let me ask you some questions about 5 your limitations. In terms of your day-to-day activities, 6 what limitations do you currently have as a result of 7 ' injuries sustained in this accident? And by that I mean 8 limitations that you wouldn't otherwise have had from your 9 prior medical history, 10' A Right. Right. I understand. 11 Q New things. 12 A Well, I find that I was tired, and I do, I guess, 13' sleep or rest some more. That is getting a little better. 14 But that is one thing. , 15 And I do find that I go to -- oh, if I try to do 16; dishes or something, at times I can do good, and then other ! 17 times I just can't do. And the same with the lawn work, 18 which I really enjoy doing. 1 am limited on my lawn work 19i now. 20 Q Because of the right arm? 21 A Right. 22' Q Now, in your lawn work, do you have a riding 23 i mower or a walk-behind mower? 24 A I have a walk-behind and a riding. 25: Q And are you able to use the riding mower? 40, A No. Because I got to get it fixed; I can't fix I it myself. Q Okay. A Got to change the blade on it, and I can't do it. Q Change the -- A I got to change the blades. Q Blades. And the walk-behind, is that self- propelled? A No. Q Do you have to actually manually push it? A Push it. Q Are you able to do that? A Sometimes. 14; Q Now, how about as far as your -- with your left 151 arm from the stroke and the problems that you had from your 16; back surgeries and things, did that limit you in your 17' ability to do lawn work? 181 A No. That's what I could do. 'could do the lawn 19' work because I did it at my own pace and - it was very 201 good. It was -- kind of kept me from going crazy. 21 Q Have you had to pay anybody to do your la'Ml this 22! summer? 23 A No. I have my wife. ! 241 Q So she's doing more of the lawn work? 25' A Yes. 38 1 2 3 4 5 6 7 8 g 10 111 12 13! , .' . .' Q You didn't get her bill yet? 2! A Not yet. 3 Q What else -- what other things are you limited in 4 ' doing because of your injuries? 5 A I guess that's n that will be, I guess. I can't 6 think of right, you know, right now any more. 7 Q You mentioned that initially you were having 8 trouble sleeping but now you're resting better. Do you 9 take any kind of a sleeping pill? 10 A No. 11 Q How many hours of sleep do you usually get? 12' A I used to go to bed about 10 o'clock to 6:00 in 131 the morning, but now I-~ if 1 do go, I was awake, you 14 know. I just didn't sleep much. 15 i Q Say in the last week, how many hours? 16 A Oh, in the last week, I go to bed 10, 11 o'clock 17: at night and get up at 6:00 in the morning. 18 Q Similar to what you'd been doing before the 19, accident? 20' A Yes. 21 Q When did you get back to that regular routine, 22: would you say? 23 A Oh, about a month ago. It gradually came, you 241 know. 25! Q Around the same time that you were able to roll over on your shoulder again? 2 A Yeah. Yeah. Because that's what kept me awake. 3 Q Okay. So the majority of the problems, if I'm 4 hearing you right, with the shoulder and the back and the 5 sleeping were from March 4th of '05 until about mid 6 September? 7 i A Yes, sir. 8 Q For about six months? 9 A Yes, sir. 10! Q Has your car been fixed? 11 A Yes, sir. 12: Q Is there any other way that this accident has 13 affected you that we haven't talked about? 141 A The only thing I can say is that I'm nervous when 15 I ride. That's the only thing. When my wife drives, I'm a 161 lot more nervous, especially if somebody's coming up behind 17, us. I'm-- 181 Q Are you back to driving? You're able to drive? 19 i A Oh, yeah, I can drive. I 201 Q Are you more nervous as a driver or as a 21; passenger? 221 A As a passenger. And my wife is a very good 231 driver. I will say she is an excellent driver. 24~ Q Have you had any nightmares about the accident or 25' anything like that? 41 431 1 A No, not -- 1 can't say I had nightmares. 2 Q Gone to any counseling? 3 A No. 4 Q Any plans to go to any counseling? 5 A No, sir. 6 Q Anything else that you can think of? 7 A No, sir 8 Q That's all the questions I have. Mr. Hickey, 9 have you understood them? 10 A Yes. 11 Q Do you wish to change any of your answers or add 121 to anything? 13, A No. No, sir. 14! Q Have I allowed you to complete all of your 151 answers? I 16 17, . 18 A Yes, SIr. MR. STATLER: All ri9ht. Then that's alllhe questions that I have. Thank you. 191 20' 21 ,22 23 : 24! 25, 2:59 p.m. 42 44 1 COUNTY OF LANCASTER SS 2 COMMONWEALTH OF PENNSYLVANIA 3 I, Brenda J. Pardun, a notary public, do hereby 4 certify that personally appeared before me, JOEY PETER 5 HICKEY, the witness, being by me first duly sworn to 6 testify to the truth, the whole truth, and nothing but the 7 1 truth, in answer to the oral questions propounded to him by 8 ' the attorneys for the respective parties, testified as set 1 9! forth in the foregoing deposition. 10 I further certify that before the taking of said 11' deposition, the above witness was duly sworn, that the 12 questions and answers were taken down stenographically by 13; the said Brenda J. Pardun, Court Reporter, Lancaster 14 County, Pennsylvania, approved and agreed to, and 15 i afterwards reduced to print by the said Reporter. 16, In testimony whereof, I have hereunto subscribed , 17' my hand this 10th day of ovember, 2005. 1 " 18i , 19' ! 20i 21 : 22. 23 24' 25 / The foregq\ng certification of this transcript does not apply to any reproductIon of the same by any means, unless under direct supervision and/or control of the certifying reporter . .. . .' ERRATA SHEET 2 Please indicate below any corrections to the deposition transcript. Write only on this sheet; please do 3 not mark on the transcript Complete within 30 days of receipt. Once completed, return this errata sheet along 4 with the transcript to your attorney 5 : Paae/line Correction 6 7 8 9 , 10 111 12 ! 13i 14' 15 16; 17 181 19 20, 211 22 23' 24i 25 Date Joey Hickey 45 , .. , .' * * * * * ***** * (43 :21) A ability (16:7) (16:21) (40: 17) able (12:16) (16:22) (18:11) (29:11) (39:25) (40:12) (41:25) (42:18) accident (3:22) (3:25) (7:241 (8:23) (9:16) (9:17) (10:3) (17:1) (17:2) (17:19) (18:14) 123,221124,1) 124,9) 124,14) 124,151 125,31 125,61125,19) 126,15) 127:71127,17) 127,201 (27:25) (30:12) (30:15) 131,11131,10) 134,20) (34: 24) (35: 18) (35 :24) 136,231136,251139,71 (41:19) (42:12) (42:24) according (33:6) aching (35: 12) acom~ng (18 :22) across (31:15) actively (30:25) activities (31:25) 133,201 139,5 I activity (31:24) (33:7) actual (9:23) actually (27:4) (34:1) (34: 12) (40: 10) adaptive (18:4) add (43:11) address (3:16) adirondack (15:7) advance (33 :20) advice (34:8) affected ( 42 : 13 ) affirmed (3 : 10) after (8:18) (11:15) (25:19) (29:14) (29:25) (30:24) (31:10) (32:25) (35:24) afternoon (17:3) afterward ( 11 : 16) afterwards (25:19) against (25:24) (26:20) ahead (18:19) allotted (37:22) allowed (43 :14) aIls (22:4) ambulance (24:22) (28:6) amount (38:1) andrew (15:3) ann (23:22) anybody (24 :4) (26:11) (27:17) (38:7) (40:21) anyone (25: 6) anything (12:6) (18:10) 121,231122,2) 124,17) (25:9) (25:10) (26:9) 126,101126:121132,11 (32:23) (38:19) (38:21) (42:25) (43:6) (43:12) appalachian (30:8) apparently (32:9) applied (11: 20) appointment (30:4) (30: 5) appointments (38:10) approaches (19:11) approximate1y (18:19) april (32:8) (33:4) 1136' 31 JOEY PETER HICKEY area (33:8) __ arm. (16:7) (16:24) 122,51123,51123,91 - ----- (23:13) (23:14) (23:15) (23: 16) (31: 5) (31: 6) (31:7) (33:18) (35:12) 139,201 140,15) arms (23:12) around (17:2) (28:16) 135,141141,251 arrive (8:19) attack (13: 12) attending (28:10) attorney (3:19) (6:13) 126,11) 126,131 automatic (18:2) (18:3) avenue (19:1) (19:14) awake (41:13) (42:2) aware (25:5) (26:9) 127,16) 137,151 B back (8:23) (9:2) (9:7) (9:9) (9:11) (9:12) (9:13) (9: 14) (9: 15) (9:25) (10:8) (14:3) (14:7) (18:17) (20:5) (22:24) (23:2) (28:25) (29:8) 131'131131,161131,171 131,181132,91133,10) 133,17) 133,19) 135,151 136:2) 140,16) 141,21) 142,41142,181 backboard (23:18) (28:1) backed (19:8) background (6:21) (8:22) bad (7:1) (14:4) baltimore (19:1) (19:11) (19:13) (19:15) bang (18:22) (20:21) basically (9:13) (22:9) bed (41:12) (41:16) begin (6:2) behind (21:2) (21:15) (24:11) (24:20) (42:16) believe (8:12) (36:9) 138:121138,151 bend (11:25) (12:8j 112,111 better (34:9) (39:13) 141: 81 between (3: 2) bill (13:18) (41:1) bills (36:25) (37:2) birth (6:24) (7:2) bit (6:21) blade (40:4) blades (40:6) (40:7) bleeding (21 :25) blood (16:3) body (21:18) (21:22) 128,241 bone (32:12) (32:13) 132,16) 132,21) 132,251 133,51 bothering (23:5) boy (7:4) brace (9:11) (9:12) 129,171 brake (21:8) break (6:10) (6:12) breath (31:14) brethren (37:6) (38:24) brian (3:19) (27:14) (27: 16) bring (34:22) brother in-law (29:231 bumps (22:3) bus (8:6) (8:11) C call (33:24) called (3:10) (6:23) (24: 21) (26: 25) car (3:22) (17:2) (18:24) (19:20) (20:8) (20:20) (20:23) (21:2) (21:6) (24:6) (24:7) (24:10) (34:20) (34:24) 135,241137,151137:191 (37: 24) (42: 10) cardiologist ( 13 : 19) care (13:19) (13:20) 133,31 133,131 careful (14: 6) carlisle (28:3) (28:6) (28: 18) (29: 10) cars (18:19) (19:3) 119,61120,14) 120,151 center (10:22) (11:7) (28:3) (28:7) (30:8) cents (37:16) (38:11) certification (3:3) cervical (28:14) change (40:4) (40:5) (40:6) (43:11) charged (25:25) charges (25:23) charter (8:8) (8:10) chest (31:13) (31:15) 135,221 136, 4 I children (7: 20) chiropractor (30:14) 130,231131,11131,31 choose (30:2) circumstances (3:25) claim (12:3) claimed (11:23) clarify (26:8) clark's (38:23) clear (13:18) client (27:13) climbing (12:14) close (7:4) codeine (36: 5) (36: 8) 136,91136,111 collar (28:13) (28:14) collision (38:4) combined (11: 6) comfortable (6:13) common (3:21) company (8: 6) (8: 11) (9:5) (37:6) (37:21) complaining (31:12) (35: 22) (36: 3) complete (6:3) (6:8) 143,141 completely (21:6) compound (29: 3) compression (29:5) (29:6) (29:7) (29:12) (36: 1) concerned (15:23) condition (11:16) (34:5) conditions (13:12) consciousness (28:4) construction (9:1) (12:16) (12:17) contact (27: 19) contacted (27: 22) continue (33: 2) continued (33:10) (34:6) conversation (24:25) coordination ; 16 : 7 \ Anrlprsnn r.nll rt. "RPDnrt l no drive 46 116,171116,181 counsel (3:2) counseling (43:2) (43:4) county (3:21) (27:1) couple (20:10) (25:20) !35:18) court (3:21) (26:24) (27: 1) coverage (37:6) (37:9) (37: 12) covered (38:1) crash (20:22) crazy (40:20) cumberland (3:21) currently (14:17) 134,18 I 139,6) curve (19:12) cut (21:25) D data (38:21) date (6:24) (7:2) (25:2) day (25:11) (37:22) days (37:23) day-to-day (39:5) decide (22:25) decrease (31:25) deductible (38:4) defendants (3:20) dell (14:22) (14:25) 115,2) 135,19) dell's (36:19) (36:20) demonstrating (16:12) deposition (3:24) (27:9) devices ( 18 : 4) diabetes (14:17) diabetic ( 14 : 13) diagnose (31:20) diagnosed (31:21) diagnosis (36:1) didn't (21:4) (25:22) 132,41133,21136,151 (41: 1) (41: 14) diffenbaugh (23:22) (25:10) (25:24) (26:14) 126,21) different (10:8) difficulty (31:14) (33: 19) direct (3:12) disability (8:22) (11:19) (11:21) (12:3) (12: 20) disabled (7:24) discomfort (32: 10) (35:22) disgusting (35:6) dishes (39:16) distance (21:13) doctor (13:18) (14:23) (14:25) (15:2) (15:13) (30:20) (34:8) (35:18) doctors (10:6) (12:3) (30:11) (36:21) doctors' (38:10) dollars (37:16) (37:22) (38: 5) D8: 10) done (10:17) (10:19) 110,221111,11111,5) (11:7) (11:10) (11:13) (11:15) (12:18) (32:19) dorsal (32:11) (33:7) downhill (19:16) drill (10: 1) drink (6:12) drive (25:14) (42:18) I, 42,191 . ,. .' driver driver (24;20) (42:20) (42:23) drives (42: 15) driving (25:11) (42:18) drugs (14:2) drunk (24:22) dry (17:21) dui (26:18) duly (3:10) dwi (25:25) dwis (26:1) E each (13:8) edwards (15:3) (15:5) either (11:7) elected (38:25) electric (9:25) employed (8 : 1 ) employment (7: 24) emts (23:19) (23:20) (28: 1) encountered (19:3) ended (9:8) (10:4) enjoy (39:18) especially (42:16) eventually (23:17) ever (20:8) (23:24) (24:24) (25:2) (27:14) (28:4) (30:6) (30:9) (30:11) (30:14) everything (12:7) (13:18) (38:22) examination (3:12) example (35: 8) excellent (42:23) except (3:4) exercises (]2:S) exha.ust (37:8) expense (37 :15) (37 :20) 138: 22) expenses (37:14) (38:9) 138:13) experiencing (23:10) explain (13: 25) F fall (9:1) (9:19) (29:8) family (24:23) (14:25) (15:2) (15:13) (35:17) far (9:19) 114:5) (15:23) (16:11) (16:21) (20: 5) (21: 15) (31 :24) (37: 8) (40: 14) fast (21:20) feet (9:20) (20:7) fell (9:6) (9:18) felt (31:14}(34:23> few (13: 10) (34: 3) filed 13:21) filing (3:4) fina.lly (6:10) (9:8) (14: 4) (22: 8) find (39:12) (39:15) fine (34;17) finish (6:2) finished ( 6: 5) first (19:23) (20:2) (27: 6) (31: 9) first-party (37:5) five (19:25) (38:5) fix (35:11) {40;l) fixed (40:1) (42:10) flared (33 :24) flat (19:12) (19:18) follow (13:17) followed 32:7 JOEY PETER HICKEY following (27:25) 135,181 follows (3:11) follow-up (13:16) foot (21:8) (21:17) form (3:5) forty (9:20) forty-nine (37:16) 138,2) forward (20:8) (21:101 forwarded (38:18) (38:22) found (14:3) four (13:6) (13:7) 118:191119'31119,25) fracture (29:4) (29:6) (29:12) (36:1) fractured (10:2) fractures {9:23) (29:7) f-r-a-n-c-e (15:11) friciay (8:15) front (18:24) (20:23) (21:11) (21:14) (21:15) full (3:14) (9:11) 112,19) fully (13: 14) funny (30:21) G gable (9:22) gallbladder (13:22) 114,5) gave (29:18) (29:19) (30: 4) gets 1]5:6> getting (26:24) (39:13) given (27:6) (27:9) glucotrol (14:14) god (10:16) gone (27:3) (43:2) good (14:18) (16:15) 116:16) 116:181 (17,20) (17:22) (20:7) (32:17) (34:21) (36:15) (39:16) 140:201142:221 got (12:6) (18:18) (21:19) (23:20) (24:7) 130,211 136,91 137,4) (37:11) (40:1) (40:4) 140: 6) gradually (41:23) greyhounds (7:15) group (15:8) guess (9:10) (13:6) 132:24) 133'5) 135,171 137,41 (39"21 141,5) guy 122,91 H hand (16:8) (16:11) 1'6,,5) 116'17) 135,1) 135,2) (35,31 135,91 handicapped (18:7) 118:9) 118:11) happen (17:5) happened (3:22) (8:23) (14:1) (17:2) (17:10) 117,'61120'23) 12",8) 12",9) (21'201 happening (18:13) hasn't (27:22) (38:7) haven't (27:3) (27:4) (37:4) (38:14) (42:13) having (3:10) (9:8) (10:4) (15:21) (22:19) (23:13) (31:13) (31:15) 41: 7 heading (19: 1) healed (31:23) health (13:18) hear (24:31 (24:17) (24:18) (26:3) heard (24:5) (24:19) 125,25) 126,21 126,,0) (26: 17) hearing (12:5) (20:25) (24: 16) (42: 4) hearings (26:20) heart )13:12) heat (31:22) hely (30:2) (31:8) (32:13) (32:23) (33:1) (33:11) (33:21) (34:5) (35:15) (36:10) (36:17) hely's (30:1) 1,30:6) (34:8) (36:21) hereby (3:2) (]:4) he's (30:21) hickey (3:9) (]:151 13:18116,1) 16"61 16,201 (38: 17) (43: 8) highway (18:16) (18:17) hilly (19:12) hippensteel (3:19) (27:13) (27:14) (27:17) (27: 20) history (39:9) hit (18:24) (20:9) (21:3) (21:6) (21:8) (21:13) (21:19) (22:9) (23: 21) holler (24:16) hollering (24:5) holly (3:17) (26:7) (26:25) (30:18) (30:23) home (8:19) (17:10) (17:14) (29:16) (29:22) 131,221 hospital (10:21) (11:1) 111,81125'211128,31 (28:18) (28:20) (29:11) 129:251130,31 hours (8:13) (41:11) (41:15) house (9:22) (35:14) how's (14:17) hundred (37:16) (38:1) (38,51 138, 10) I i talk (25:17) idea (32: 17) identified (23;21) impression (32:11) improve (34:6) _ improved (33:10) (34:5) improvement (33:18) inadvertently (6:6) increase (31:25) increased (33:6, increasing (36:4) incurred (38:14) indicating (23:2) initially (41:7) injuries (39: 7) (41: 4) injury (9:2) (9:24) inside (21:19) (21:23) instructions (6:18) insulin (14:15) insurance (37:1) (37:6) 137,211138,5) insured (38:25) interpreted (33:5) interro atorie 6:23 Anrlprsnn r.nl1rr Rpnnrtl no little 47 (16: 6) intersection investigating it'd (31:23) itself (33:3) J..vs (28: 12) (17: 6) (25: 16) J jaw (10: 1) job /9:1) joey (3:9) (3:15) john 13:18) (30:21) judge (12:5) June (15:17) (15:18) ': 33: 15) (34: 4) K kept (40:20) (42:2) keys (24: 6) (24: 10) (24: 17) k.ind (17:23) (18:4) (29:17) (35:6) (40:20) (41:9) knowledge (25:13) L ladder (9:18) (9:21) lady (23 :21) l-a-f (15:10) lafrance (15:3) (15:10) lake (9:6) lane (22:11) (22:12) last (10; 13) (19: 20) 126,231133,141133:20) (34:3) (34:4) (34:23) 136:11) 141:15) 141:16) late (9:8) (10:18) later (25:20) (32:9) lawn (39:17) (39:18) (39:22) (40:17/ (40:18) 140,21) 140,24) lawsuit (3:20) lay (34:2) (34:12) (34: 15) layout (19:10) leading (19:13) (19:15) learn (26: 14) learned (26:11) (26:12) leave 18:17) (24:9) (24: 13) left (9:7) (9:9) (16:7) (16:8) (16:17) (16:24) 123,13) 131:6) 131:7) (33:17) (40:14) left-handQd (16:19) leg (9:2) (9:7) (9:10) legs (23: 10) less (33:19) letter (37:11) license (26:15) lift (12:12) lifting (12:1) (12:12) light (18:23) limit (40:16) limitations (11:16) (11:18) (11:23) (12:8) 116,6) 139:51 139:6) 139:8) limited (12:1) (12:12) (12:14) (16:21) (32:2) 138,25) (39,1) (39:18) (41: 3) line (18:18) (19:3) 119,21) listed listing little 17: 25 (6: 24) (38: 14) (38: 9) (6: 21) (9: 4) 3 : 13 live live (7:7) (17:8) (17:9) lived (7:10) liver (13:22) (14:3) lives (7: 12) long (7:10) (7:18) (8:11) (8:25) (9:21) (14:25i (15:10) (15:13) (19: 23) longer (35:9) looked (18:20) (18:21) (19:24) (20:2) (20:9) (20: 19) (21: 1) looking (20: 5) looks (7:14) (11:20) (31:8) (32:7) (37:5) lose (28:4) lost ( 9 : 9) lot (42:16) lower ( 9 : 6) (9: 7) (9: 13) (9: 14) (32: 10) (33: 7) lumbar (32:12) (33:8) lying (31:14) M maJ.n (23: 8) mainly (32:10) majority (42:3) manually (40:10) manufacturing (9:5) many (13:1) (37:23) (41: 11) (41: IS) march (3:22) (17:2) (31:9) (35:21) (42:5) marriage (7:21) married (7:18) may (26:11) (33:9) (36:21 (38: 211 maybe (11:12) (13:6) 116: 51 mean (19:11) (20:22) (22:51 (23:91 (34:141 139: 71 means (3:24) medical (8:21) (10:22) (11:7) (13:11) (28:3) (28:7) 129:10) 136:251 (37:21 (37:61 (39:9) medication (14:5) (14: 6) (14: 7) (14: 8) (16: 1) (29: 20) medications (13:23) (14:9) medicine mentioned mid (42:5) middle (34:1) (34:11) imile (19:13) mileage (38:9) mJ.rror (18:20) (18:21) (19:241120:61 (20:10) (20:20) monday (8:15) month (8:16) (32:9) (41: 23) months (34:4) (42:8) more (6:6) (9:4) (10:13) (32:9) (39:13) (40:24) (41:6) (42:16) (42:20) morning (14:14) (41:13) (41: 17) most (13:3) mount (3:17) mountains (15:7) move (20:8) (20:15) 120:171 (20:18) 121:211 (22:51122:18) 123:91 (24: 12) (14:101114:111 (41: 7) JOEY PETER HICKEY moved (6:5) (10:18) (20: 13) moving (20:11) mower (39:23) (39:25) mrs (6:1) (6:16) (38:17) mutual (37:6) (38:24) myself (40:2) N name (3:14) (3:18) 130:191130:211 nancy (7:13) (7:18) (8:11) near (9:10) (17:10) neck (23:7) (28:16) need (6:10) (18:5) 118: 101 nervous (42:14) (42:16) (42:20) never (27:9) (37:11) new (9:6) (10:19) (10:24) (11:21 (11:31 . (15:31 (15:51 (29:121 (29:13) (39:3) (39:11) next (6:4) (6:6) (29:19i (29:24 ) night (36:4) (41:17) nightmares (42:24) (43: 11 nobody (13:20) (18:20) 119:241 (20:2) 120:41 none (36:24) noted (32:10) notes (35:21) nothing (16:4) (34:21) noticeable (22:2) nursed (9:7) o oath (3:11) (3:24) (27: 11) objections (3:4) o'clock (41:12) (41:16) office (3:23) (30:1) (33:141136:19) 136:211 (38:18) (38:23) officer (25:16) (26:7) (26: 251 old (7:5) (29:12) one (3:19) (8:16) (10:13) (11:13) (17:25) (24:20) (39:14) only (8:25) (37:22) (42: 14) (42: 15) operate (18: 5) operating (17:23) operation ( 10: 5 ) operations (9:9) (10:5) I1D:91 (11:51 (11:6) option (39:1) originally (39:3) orthopedic (30:8) (30:11) otherwise (16:14) 134:171 (39:8) out-of-pocket (37:14) (38: 13) overhead (16:22) own (15:8) (15:9) (40:19) owner (27:13) P pace (40: 19) paid (37:1) pain (14:8) (14:9) (22:5) (22:181 (22:191 23:10' '23:12' '23:13' (29:181131:13) (31:15) (33:11) (34:16) (36:3) painful {32: 9) paper (30:4) parking (18 : 7 ) part (9:12) (21:22) (31: 4) parties (3:3) parts (28:24) passenger (42:21) (42:221 patient (30:6) (30:9) pay (40:21) pennsylvania (10:17) (10:18) (18:9) (30:12) (30:15) people (24:19) permanent (11:18) permission (25:14) persistent (36:3) personally (25: 9) personnel (29:10) peter (3:9) (3:15) physical (36:5) (36:13) (36: 17) pick (12:11) (17:14) pike (30:18) (30:23) pill (41: 9) pills (14:14) (29:18) placard (18: 7) place (30:19) plans (35:15) (43:4) pleas (3:21) plumbing (9: 5) point (21:2) (26:14) pointing (22:25) (23:14) police (25:7) (25:16) 125:211 (26:71 (26:25) policy (38:24) positive (11:14) postponed (26:23) prescribe (36:17) prescribed (36:8) pressed (25:23) pressure (31:15) pretty (9:10) probably (15:14) (21:17) problem (9:13) (13:22) (31: 19) (34: 25) problems (13: 16) (15:21) (15:22) (34:19) 134:231140:151 (42:31 provide (33: 1) provided (6: 22) push (40:10) (40:11) pushed (21:10) put (9:25) (11:18) 128:131 (29:171 (31:221 Q quarter (19:12) R raise ( 16 : 11 ) reach (16:7) (16:21) (16:22) read (16:5) (25:7) (29: 14) (33: 5) ready (26:24) really (20:1) (21:5) 133:24) (39:18) reapproved (13:8) rear (21:14) rearview (20:6) (20:10) (20 :201 reason (6:5) received Ill: 21 \ Anr1prsnn r.nllrr Rp.DnrrlnO seventy 48 receiving (12:19) recent (13:3) recently (15:16) rechecking (33:17) recommend (33:1) (33:2) records (33:6) recover (13:14) recovered (15: 24) regarding (27:7) regular (8:13) (41:21) reimbursed (38:7) relate (34:19) related (34:24) remember (10:16) 110:21) (13:3) (14:2) (18:13) (18:15) (20:22) 129:25) (32:13) (36:12) (37: 25) removed rental (37: 23) (13 :22) (37:15) (37:19) repair (35:11) report (25:8) (25:21) reports (12:3) represent (3:19) rescued (7:16) reserved ( 3 : 5 ) respective (3:3) rest (22:7) (39:13) resting (41: 8) restroom (6:11) result (3:22) (15:20) (16:8) (25:24) (27:7) 129:11 139:6) review (13:3) reviewed (12: 24) (13: 1) 113:2) 138:25) ride (42:15) riding (39:22) (39:24) (39: 25) right-handed (16:19) 116:20) roads (17:21) 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parties that sealing, certification, and 4 filing are hereby waived; and that all objections except as 5 to the form of the question are reserved to the time of CO~\{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW BRIAN K. HIPPENSTEEl 6 ! V5. 7 B 9 10 11 12 Deposition of . Taken by Before NANCY HICKEY 5 , SU ANN DIFFENBAUGH and 13, 14 15 161 Date Place 17' 1 B" COUNSel PRESENT- 19i 20 21 ) 22! 23i 1 24, , 25' 1 NANCY SUE HICKEY 3:01 p.m. 9 NANCY SUE HICKEY, 10, called as a witness, having been duly sworn or affirmed, I 111 testlfied on her oath as follows, to wit: 12i DIRECT EXAMINATION 13 BY MR. STATLER: 14 Q Tell me your name, please. 15 A It is Nancy Sue Hickey, H-i-c-k-e-y. 16 a And you are the wife of Joey Hickey? 17: A That's correct. 1 a; a And you were present for your husband's 19! deposition? 20 A Yes, I Was. 21 Q And you heard the instructions that 1 gave to i 221 both of you at the beginning of his deposition? '231 A Yes, I was. 24 Q Do you have any questions about those 25 instructions? John A. Statler, Esquire Brenda J. Pardun, RPR Court Reporter October 19, 2005 Law Office 301 Market Street lemoyne, Pennsylvania METZGER, WICKERSHAM. KNAUSS & ERB, P.C. Clark DeVere, Esquire 3211 North Front Street P. O. Box 5300 Harrisburg, Pennsylvania 17110..0300 For Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. John A. Statler, Esquire 301 Market Street p, Q. Box 109 Lemoyne, Pennsylvania 17043.0109 For Mr. Hippensteei 1 EXAMINATION INDEX 2 NANCY SUE HICKEY 3 DIRECT BY MR. STATLER 4 5j , 6 7 8 9 10! 11 12, 13' 141 15! 16i 17 18! 19) 20, , 21 22' 23i 24! 251 3 2 1 I 2, 3 4 5 6 7 B 9 10' 11 12' 131 1141 4 EXHIBIT INDEX (No exhibits marked.) A No, I do not. a Will you agree to follow them in your deposition? A I will. Q Okay. J don't expect your deposition to be very lengthy. I want to ask you a few questions. A Urn-hum. Q When did you first become aware that your husband had been involved in a motor vehicle accident? A At work, approximately 5 o'clock, I received a phone call. Q From whom? A My neighbor's wife, actually. a What's her name? MR. HICKEY: I don't know. : 15! A The last name is Coffins, and I'm sorry, I don't ; 16 know her first name. i 17 Q Mrs. COllins? 18~ A Yeah. 191 Q Your neighbor? I 2Q i A Correct. 21 Q And what did she ten you? 22, A That Joe was in an accident, that it happened 23 down the street near the stop sign, and that they were ! 241 taking him to the Carlisle Hospital -- actually, to the i 251 hospital in the ambulance. I wasn't certain of which . .. 1 hospital, but 1 assumed it to be Carlisle, 2 Q Now, Joe was coming to pick you up? 3 I A Correct. 4 : Q And what time would you have expected him to 5 I arrive? 6 A Right around 5 o'clock.. 7 Q So when you got the phone call, did ~- up until 8 the time that you got the phone call, did you realize that 9 , anything had happened? 101 A No. When I got the phone call, 1 realized then 11 i that -- when I looked at the clock, that normally he's a 121 little early, and he wasn't there, and - but it was 13! Friday. Friday night traffic is sometimes a little 14 i different, even turning right to come up over the 15 mountains. , 16' Q And you work .- 17' A Wolfs Bus Lines. 18, Q And where was that located? 19 A York. Springs, Pennsylvania. 201 Q How long would it typically take you to get from 21 your home to -- 1 22 A About ten, twelve minutes. Ten, fifteen minutes. 231 Q What route would you take? 24 A Route 94 south. 25 Q How did you get home or how did you get back from 6 work that day? 2! A A coworker -- actually, one of the owners of the 3 company. 4 Q And did they take you home or to the hospital? 5 i A To the hospital. 6 Q And where was your husband when you first saw 7 him? 8 ! A Hospital. 9 , Q Was he at the emergency room? 10 i A He was on a stretcher being wheeled into x-ray. 111 I just happened to come in the doorway as they were taking 121 him downtothex~ray. 13; Q Now, did you have any conversations with your 14 husband about how the accident happened? 15 i A I was standing there while they waited to take 16i him in x-ray, which was for about a minute or two, and he 17, said that he ~~ she hit me from behind. She hit me in the 18 i back. And I was more concerned with his injuries and his 19 i pain, which was very evident. 201 Q Right. 211 A And that's -~ that's the only conversation we had 221 at that time. 231 Q Where was he -- where did he appear to be in 241 pain? 251 A His back. At the time, all ] knew was it was 5 7 1 tremendous pain, and it was his back by the way they had 2 ' him propped up on the ~~ turned on his one ~~ you know, one 3 side, to try to help him with the paIn, but he was in pain. 4 And he told me, I think, at that time, it was his back and 5 shoulders, his back. 6 Q Did you stay at the hospital with your husband 7 until he was discharged? 8 A Yes. I did. 9 Q And did you have any more conversation with him 10' about how the accident happened or what problems he was 11 experiencing? , 121 A At that time? 13: Q Yes. 14i A I did not see him then again until he came out of , 15 ,i x~ray and was put back into a waiting room, so to speak, in 16 i the emergency room. And we -. I'm sure we had some '17 discussion, but I know he was ~~ he was in terrible pain, 18: and my concerns at that time were his ~- was his pain. 19 Q Okay. 20 A So-- 21: Q Old your husband ever relate to you any 22: conversations he had with Su Ann Diffenbaugh, the driver of '23 the car that hit him? J 24! A He didn't -- I didn't -- he didn't have 25 i conversations with her, so there was -- I mean there was no 8 1 conversation between him and her. 2 Q I just want to make sure. Sometimes people's 3 recollections are different, and I'm interested in knowing 4 what you recall. Did your husband ever relate to you any 5 statements that he heard Su Ann Diffenbaugh make? 6 A Not -- not in the hospital. Are you speaking of 7 then or ~. 8 Q Any time. 9 A Any time. The only thing I remember him saying i 101 was in reference to her trying to get her keys off of our 11! car. And other than that, ] don't know of any other 121 statements that he heard. 13 Q Do you have any knowledge of the circumstances in 14 which Su Ann Diffenbaugh came to be operating the vehicle 15 i that day? 16; A No, I do not. , 17 Q Do you know whether she had permission to operate 181 the vehicle? 191 A NO,ldidnot. i 201 Q Have you testified at any hearings? . I ! 211 A No, I have not. I 22 i Q Did you know either Su Ann Diffenbaugh or Brian 23, Hippensteel before this accident? : 24: A No, sir. 25: Q Have you had any contact with either one of them . .. 1 " since the accident? 2 ! A No, sir. 3 Q Now, your husband testified about the areas of 4 ,i his body that were injured and the various doctors' 5 : appointments and treatment that he received and how his 6 ' injuries have progressed over time. I'm interested in 7 knowing your -- your impression, your recollection about 8 how he was at the beginning, how things went, anything that 9 comes to mind that you can add that would shed light on his 1D! condition or his recovery. 111 A I do know that his pain was excruciating. I know 121 from the obstacles Joe has overcome in the past with his 131 medical conditions that he's tough. And I know that the 141 pain he was suffering was real. And he's not one to let 15 i something get the best of him. And I saw, in this case, he 16 i definitely was -- had to sit back and work through a lot of 17: pain. There -- extreme amount of pain for him, and he was 18 pretty stoic a lot of times throughout that whole process. 19; And not just in the beginning. 20 But 1-- he is a very hard-working person, who-- 21 in that he does his best because he is retired and at home, 22 i to -- that I do not have to do a lot around the house 23! because I do work full time, and over the summer months and 241 throughout the time in the beginning when this occurred, 25 i there were many things that I did to try to help around the 1 house more because of the pain he was having and the 2 inability to do some things, especially in the very 3 beginning. 4 Q Like what? 5 A Just getting out of bed. When this first 6 occurred, within the first week, to get him downstairs and 7 to sit in the chair was probably -- it was probably two 8 days before we even got down where I could get him up and 9 get him out of bed, and he would come down and sit. We 10 would prop pWows up behind him, and I know he was in 11 pain, I could see that in his eyes. And his coloring was 12 not the best. 13 But as with, I think, any time you're in a car 14 accident, then things start to ache, that's just normal 1S! stiffness and so on, but this d that eventually moved on , 16! where this persisted. But when we finally got to the point I 171 where we got past those initial things, those other bumps 18! and bruises that occur with an accident, that pain 191 persisted to the point that for -- solidly for the first 20! three months, neither of us had a full night sleep. Every 211 time he would fall asleep -- very few people do, I k.now I 221 don't -- sleep without moving, and when he would move, he 23! would wake himself up and be in pain and, in the process, 241 wake myself as well. 25! As Joe had mentioned previous, we have two 111 greyhounds that tend to want to get up in the middle of the night, and Joe always took care of those responsibilities. Those kind of things, 1 didn't want him getting up. He really wasn't capable of doing so, and I took those on as well. But with my full-time work schedule, it certainly impacted OUf life. 80th of us were Jacking sleep, and that persisted through at least the first three or four months. It progressed through the summer, in that there were other things that we -- how can I say that -- other things that I found myself doing that normally Joe would have taken care of. Q Like? 13; A Things around the house. We -~ we wanted to 141 build a retaining wall, a small retaining waif, for our 15' back and put a new patio in, and we had hoped to try to do 16 some this summer and summer projects around the house, and 17 that was not something that we were able to do. We had it 18' done, but we hired somebody to do it. Also our neighbor 19; helped initially to do some things. 20 Even now, we have a pellet stove and the pellets 21 were delivered. That's something else, that we were still i 221 burning our pellet stove in March, and when this first I 231 occurred and all of that lifting, aU of that, carrying and : 24 i dumping - they're forty-pound bags - and they are not ; 25 i something that he could handle without pain. 10 12 i 1 Q When did you get the peJJet stove? 2 A Probably a year -- it would have been fall of 3 '04. 4 Q So *- and up until the time of Joe's accident, 5 did he do the lifting, carrying, and dumping of the bags? 6 A He did the carrying, yes, and he would dump the 7 bags. It was -- like I said it was something that once 8 i that accident occurred, he - I did that. I -- he was in 9 i way too much pain to do any of that. 10 Q Is he back to doing that or haven't you used the 11 stove-- 12 A No, one, we haven't used it, but also ourpeUets 13 have come in and our neighbor brought those in and lifted 14, those and moved those. We haven't had to touch them. , 15 Q Now, Joe mentioned that you've done some of the 16 yard work over the summer? 17' A Yes, um*hum, 18' Q Is he back to doing some of it now? i 19 A He has done some, yes. 20' Q Do you notice any limitations in what he can do? 21 A I do. , 221 Q What have you noticed? 23 A The -- just little things around the house. When 24 we painted one of our rooms a couple weeks ago and we also 25 i put up a ceiling fan in the one room, those are the kind of . .. ,. 1 things that I will go up - Joe has the knowledge 2 electrically to do something like that. I'm up on the 3 ladder trying to do the physical, because of any type of 4 pain that he experiences if he raises that arm too high and 5 tries to, you know, take care of something along that line. e Q Ceiling fan would involve overhead work. 7 A Yes. a ; Q And he mentioned about having a reach limitation 9 with his left arm, left arm from the stroke. 10' A He does, yes. 11, Q Are you saying that he still would have been able 121 to do the overhead ceiling-fan work jf he had not been in 131 this accident? 14 A I think that Joe certainly would have been up on 15 i the ladder making that attempt. His left arm does limit 16; him and -- but he still has -- he can raise his left arm to 17! some extent. What happens is that not only is he battling 18 his left arm and it's limitations, but he was also battling 191 the pain that can occur if he overexerts that right arm. 201 Q And the painting, did Joe do none of the 21 painting? 221 A Yes, he did. He did do some of it, as far as 23. like the cutting in, that sort of thing. When you cut in 24 i on the edges around windows, whatever, but nothing on the 25' high upper part of the ceiling or -- we didn't do the 1 ceiling. We did the walls, and I did that. 2 Q So you did the higher reaching stuff? 3 A Yes, um-hum. 4 Q What else have you noticed in terms of his 5 limitations? 6 A Early on and throughout the process with the 7 summer, I see that Joe, because he had -- because he had 8 ! the pain, because early on he had the pain, he was not 9 ~ getting the sleep. It was very depressing for him. It-- 101 it really set him back because we have had a rough couple 11 i years as far as his health with the shingles and with the 121 stroke. We're just getting back on line and this occurs. 13 And I think all of that was -- that was the compounding 141 factor to his depression. 15! He's somebody that was -- always used to be a 16 i happy person when he jumped out of bed in the morning and 171 somebody you just loved to hate in the morning because I'm 18: the one that's, like, dragging myself into the shower just 191 to get awake, and he's happy and ready to go. And it has 20: not -- it had not been that way throughout the summer. He 21! often would go back to bed where normally he would never 22! even think of doing such a thing, but he would go back to 231 bed because he was lacking the rest that he needs. And I 24, also saw - he had done very well with his blood sugar 25i levels, and I think this holds true no matter what, but it 13, 15 1 definitely impacts when there's paIn involved in your 2 system and also his blood sugar levels were good. They're 3 better when he does exercise and can get out and do 4 something. And they were bouncing. He was not required to 5 take his insulin previous, unless he was having bad blood 6 sugar counts. And he had almost gotten to the point where 7 he was only dependent upon the Glucotrol and not his 8 insulin. 9 Since then, his lack of exercise and his -- the 10 pain have made his blood sugar levels higher and bounce. 11 He's back on his insulin practically daily where he wasn't 12, before. And so d he's a very positive thinker, and it is 13 Joe's positive outlook that I think has gotten him through W everything to date, including this, but it certainly has 15 left its mark, I think, on his overall health. 16: Q Now, in terms of the insulin, are you talking i 17 that he was not taking insulin prior to this accident? 18: A He had insulin, but he was permitted to -- he had 19 insulin in the house, and he was permitted to not take 20 daily insulin as long as he kept checking his blood sugar 21, levels and as long as they were remaining low and steady. : 22 Q Prior to the accident, how otten would he 23 i administered insulin shots? , 24 A Maybe -- trying to think. Maybe once a month, 25 i twice a month at the most. Usually one or two - if his 14 16 1 blood sugar would elevate for any reason, one or two to 2 bring it down that day, and then the next day, if it was 3 ! back in line we would proceed from there. And I'm guessing 4 ' that it would be lucky if it was even once a month. 5 Q And then postaccident, is he taking it every day? I 6 A He is taking it every day. Right now he is. 7 Q Has it continued to be every day since the 8 accident? I guess I'm trying to get a sense of whether 9 that's improving also. 10' A I think -- Joe's physical activity has improved. 11 I don't think he's back to where he was. His physical , 121 activity has improved, and we can always tell when he's i 131 having a good day as far as his blood sugar levels because 14! there's also days that usually follow his ability to have a 15, nice day, to be out and get a walk, to work around the 161 house, and I think it's both mental and physical aspect of 17 that that helps or hurts as far as his blood sugar levels. 181 Q He mentioned that it seemed like mid September 19. was kind of a turning point, things seemed to be getting 201 better. Did you notice that as well? I 21 A Yes, I did. Because he has had better sleep as 221 far as his nights are concerned. He still has moments when ; 23, he'll turn and he'll catch himself. It will hurt. And he 24 i has to watch how he does move. But as far as on a general, : 25 every time I roll, he would roll. I mean this is a man . ..~ d 1 1 that would wake me in the middle of the night because he as 2 , crying in his sleep, and it was pain. I would wake him up 3 I from his sleep because he was crying and moaning in his 4 1 sleep. And this is not a gentleman that usually has a lot 5 of tears. 6 Q Okay. What else? What else haven't we talked 7 i about that you think has been an effect of the accident, 8 things you've noticed with Joe? 91 A I think, like I said, morally, as far as his 10 depression, 'think that has had an effect on him overall 11' as far as his personality and his -- his character. I 12 i don't think it has made him a bad person in that. When I I 131 say his character, I just know that he would go out -- he 14: has friends that -- a friend of his is an auctioneer. He 15i sometimes helps him with things pre-auction, and he was not 16 able to do those things. And just the social -- his social 17: life was very limited just in being able to get out and go 18 around friends and have that everyday contact with people 19: that we all need. 201 0 Okay. 21 A And it affected him very much in that regard. 221 His ~~ he was not himself. There were many times I would 23' ask him if he was angry at me, not knowing, you know, how 24! he was feeling and what was going on, and it was just the 25; kind of fall back a little bit and, you know, you have your 1 sense of self-esteem that was damaged in the process. 2 Q Is that improving -- 3 A I think it's improving, yes. 4 Q -- now that he's feeling better? Is he getting a I 5 i little more activity with the social-- 6 : A We're able to do more. We try to get out, and we 7 try to walk on weekends, that sort of thing, to keep that 8 ! program back into our life. He is able to get out. He 9 still -- when he helps with his friend at auctions, he's 101 still not able to do the lifting, you know. He's very 111 cautious with that, one, because he's dealing with things 12: that sometimes are breakable and he's very cautious about I 13! those things and it's just his knowledge or assistance with 14 an auction. 151 Q I know you're not home during the day but-- 16 A Um-hum. 171 Q -- if I asked you to tell me what a typical day , 181 is for Joe, what's a typical day? He gets up. Does he 191 take you to work? I 201 A No, not every day. Some -- our routine was 21 usually on a Friday or an example, like today, we knew we 22! were coming in here, so why run two cars? So sometimes 23: like that. Fridays was our typical day, and - as this was 241 when this accident occurred. And he would take me then, 251 then afterwards we would go-- 17' 191 i 1 Q Does he take you to work on Fridays now? 2 A Generally speaking, yes, he does. 3 Q All right. 4 A But a typical day would be he'll wake with me 5 after I've showered. He does so much for me it's almost 6 embarrassing. He will- he'll get breakfast. He packs my 7 lunch. If it's cold, he starts my car. He does all those 8 things, and he practically waits on me hand and foot when 9 he can, which those types of things is how he make up for, 10 I think, some of the things that he would rather do around 11 the house. ; 12 There's many things that - we replaced the 13 i window in the house, and he wanted to help, but it wasn't a : 141 case where he could. We had to hire somebody to do that 15: kind of work, where typically he is capable of doing those 16 things in the past. He has that knowledge and has that 17 ability. And I think that that is compounded, those kinds 18 of circumstances. 19 i Q How about in the evening, when you come back? Is 20' there a meal ready? Does Joe make dinner? , 21 i A Yes, he does. 221 Q Is he a good cook? I 23 A He's a good cook. He does well. 241 Q All right. What do you do in the evening? 25 A Generally, we - we do watch TV, read the paper, 18, 20 1 sometimes visit my parents, or if the weather's permitting, 2 if it's nice, we try to get out in the evening for a walk 3 with the dogs or something of that effect. 4 Q Same kind of things you would have been doing 5 before the accident? ! 6 A I think before the accident we were trying to 7 do -- we had a lot more plans as far as what to do with our S house. We live in a very old house, and we have things 9 that we wanted to do as far as the upkeep of that house. 10 And we were much more involved with the -~ with the house 11, and so on. 12 We really have things right now that we want to 13! get done and do some more, but we have to take them a 14 little bit at a time rather than jump in. Just like 15i painting the one room. We planned on carrying that paint 161 through to two or three other rooms on that one level. I 17 i It's not something that we can tackle all at once. i 1Si Q Okay. Currently, now it's -~ working on a seven- 19! day week, how many -- how many days a week does Joe prepare 20: dinner? i 21 A Three to four. 22 Q 23: A 24' Q i 251 A And on the other days you do it? I do; we go out. Combination. Dishes, who does the dishes? Joe will do them; we'll do them together. It i -~ .' ' . .. 1 varies, It's - I have rheumatoid arthritis, and there's 2 times when I'm having a bad day as well, and Joe ~. Joe 3 does everything he can to help me too. 4 Q How about general housework.- sweeping, 5 cleaning, bathrooms, laundry -. who does all that? 6 A Joe does laundry, sweeps -- runs the sweeper. 7 Bathrooms, I will-~ 1 will do with Joe. Sometimes he 8 I helps me, but when it comes to, like, the tub and the 9 I leaning over kind of thing - a sink here or there, yes, 10, but those aspects' will do, 11 Q Changing beds? 12' A We have done that together, and there's a 13! challenge at times, between my arthritis and his issues, 14 but that's lucky with a queen size bed, not a king size 15 bed. 16' Q How about grocery shopping? 17' A Joe will do some of it, yes. 18 i Q What -- when you say "some," how much of it? 19 A There's times we will go on weekends together. 20! There's others times he'll go during a week. We usually do 21 not do one big, massive grocery shopping. It's either run 22! out and get a couple items or one bag or two bags or 23! something like that. But it is not something where we go 24! once a week or once a month and buy a whole cart fun. 25' It's just the two of us, and it's not something that we do. Q Okay. You heard me ask Joe about out-ot-pocket 2 I expenses. Is there anything else that you can think of 3 that I didn't list? Had the car rental, a hundred and 4 ! three, forty-nine; deductible on the collision, five 5 : hundred dollars; then the mileage to and from doctors, a 6 : hundred seventy dollars and twelve cents. 7 i A The only thing that I could add to that, and J 8 don't know how you.. other than the cost of this kind of 9 thing, but it is something where there were things we 101 planned on doing this summer that we thought we could do, 11 ! and we ended up hiring people to came in and do it. 12 i I -- with our concrete that we poured for our 13 patio, and J say we poured, but we stood there and watched, 14' but things like that that we had hoped to do throughout the 151 summer and some projects that we -- we replaced a window in 16 i the house and that was something that, again, we hired -- 17: actually paid my brother to come in and do that kind of 181 thing. My brother works construction and it was things 19,: that -- that -~ it did -- it was a difference, otherwise we 20' planned on tackling and seeing what we could do, and we .~ 211 we didn't even make that attempt because it just wasn't 22,1 there for.. between myself and Joe. 23: Q Do you know what the amount of those expenses 24' were? 251 A We paid -~ as far as the window, we paid my 21 23 1 brother a hundred dollars on the window. As far as the 2 concrete, it was -- it took my brother and another person 3 to help with that I think it -- all total. it was about 4 two hundred fifty, two hundred seventy-five dollars between 5 the two of them for about -- the one young man that 6 assisted my brother was there tor about three hours, and my 7 brother also was the one that put the forms in and 8 everything, so he had a lot more hours jnvolved with it. 9 Q Now. you're saying aJJ at that concrete work you 10 and Joe would have done yourselves? 11 A We could have put the forms down. , know Joe can 12 put forms down, and when the concrete comes in, we were 13 going to put the ~- have the concrete poured, truck backed 14 up to where we were needing it and spread that. That is 15, certainly something that between the two of us, he has the 16 i knowledge and I have the gumption to attempt, but I wasn't 17 about to do it with him having the problems that he is 18 having. , . 1 191 Q And this two hundred fifty to two hundred : 201 seventy-five dollars was for work that you and Joe would 21 have done? 22: A Yes. 23 Q This is separate from the actual cost of the 24, concrete? 25 A Oh, correct. The concrete itself ran almost five 22, 24 i 1 hundred doUars, yes. 2 Q All right. What else? 3 A I think other than what you had listed, I mean, 4 there's just ~- I don't think of -- I don't know of 5 anything else, other than what we would normally forward 6 onto -- for any odd bills. I know you mentioned mileage, 7 and-- 8 Q Okay. All right. Have you understood all of my 9 questions? 10' A I have. Thank you. 11 Q And did I give you an opportunity to fully answer 12i them? 13 A I think so, yes. 14' Q Okay. Do you wish to change any of your answers? , 15:' A I don't think change, other than I might add that I 161 I do think -- and I may have said this before -~ but just, , 17 in summary, that Joe is improving. But I think - and no 18' harm intended, but at Joe's age, when something like that 19! occurs, it is harder to bounce back, and we're all aging. 201 Any time I see something like that occur, I see it taking 21, longer. 22 Like I said, it's been a rough couple of years as 23: far as his health, and it has certainly.. just getting , 24! back on track from one thing to the next, and to have ! 251 something else occur that, you know, it is - I think would . ,. 1 have been avoidable if people were more responsible, so 2 that's --like I said, he is improving, but I do see 3 differences in him that' hope will continue to improve. 4 MR. STATLER. Okay. That's all the questions 5 that I have, Nancy. Thank you. 6 THE WITNESS: You're welcome. Thank you. 7 3:32 p.m. 8 9, 10, 11, 121 131 141 15i 16,1 17, 18, 19 201 21, I 22, 231 24; , 25 1 COUNTY OF LANCASTER SS 2 COMMONWEALTH OF PENNSYLVANIA :3 1. Brenda J. Pardun, a notary public, do hereby 4 certify that personaHy appeared before me, NANCY SUE 5 I HICKEY, the witness, being by me first duly sworn to 6 testify to the truth, the whole truth, and nothing but the 7 truth, in answer to the oral questions propounded to her by 8 the attorneys for the respective parties, testified as set 1 9 ' forth in the foregoing deposition. , 10' I further certify that before the taking of said 11 i deposition, the above witness was duly sworn, that the 12: questions and answers were taken down stenographically by , 131 the said Brenda J, Pardun, Court Reporter, Lancaster 141 County, Pennsylvania, approved and agreed to, and 15: afterwards reduced to print by the said Reporter. 161 In testimony whereof, J have hereunto subscribed 17: my hand this 1 Gth day of November, 2005. /I ,I i 181 191 201 21, 22; 23 24 25 , The foregoing certification of this transcript does not apply to any ~eproduction of the same by any means, unless under direct supervision andlor control of the certifying reporter. 25 26, J J 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18' 191 20 21 22 23' ERR.ATA SHEET Please indicate below any corrections to the deposition transcnpt. Write only on this sheet; please do not mark on the transcript Complete within 30 days of receipt Once completed, return this errata sheet along with the transcript to your attorney. Pace/line Correction Nancy Hickey Date ; 241 , 251 . ,. .. * * * * * * * * * * * (25: 9) A ability (16: 14) (19: 17) able (11:17) (13:11) (17:16) (17:17) (18:6) (18:8) (18:10) accident (4:8) (4:22) (8 ;23) (9: 1) (10: 14) (10:18) (12:4) (12:8) 113:13) (15:17) (15:22) 116:8) (17:7) (18:24) (20:5) (ZO:6) ache (10:14) activity (16:10) (16: 12) (18: 5) actual (23:Z3) actually (4:12) (4:24) (22: 17) add (9:9) (22:7) (24:15) administered (15:23) affected (17: 21) affirmed (3: 10) after (19:5) afterwards (18:25) age (24: 18) aging (24:19) agree (4:2) almost (15:6) (19:5) (23: 25) along (13:5) always (11:2) (14:15) (16:12) ambulance (4:25) amount (9:17) (22:23) angry (17:23) ann (8:5) (8:14) (8:22) anything (5:9) (9:8) (22 :2) (24: 5) appointments approximately areas (9:3) arm (13:4) (13:9) (13:15) (13:16) (13:18) (13: 19) around (5:6) (9:22) (9:25) (11:13) (11:16) (12:23) (13:24) (16:15) (17:1B) (19:10) arrive (5: 5) arthritis (21:1) (21:13) asked (18:17) asleep (10:21) aspect (16: 16) 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(12:10) (12:12) (12: 14) (17: 6) having (3:10) (lO:ll (13:8) (15:5) (16:13) 121:21123:17) 123:18) health (14:11) (15:15) (24: 23) heard (3:21) (8:5) (8: 12) (22: 1) hearings (8: 20) he'll (l6:23) (19:4) (19: 6) (21 :20) help (9:25) (19:13) 121: 31 123: 3) helped (11:19) helps (16:17) (17:15) (18: 9) (21: 8) hereby (3:2) (3:4) he's (5:11) (9:13) (9:14) (14:15) (14:19) (15:11) (15:12) (16:11) (16: 12) (l8: 4) (18: 9) (18:10) (18:11) (18:12) (19:23) hickey (3:9) (3:15) (3: 16) (4: 14) h-i-c-k-e-y (3: 15) high (13:4) (13:25) higher (14:2) (15:10) himself (10:23) (16:23) (17: 22) hippensteel (8:23) hire (19:14) hired (11:18) (22:16) hiring (22:11) holds (14:25) home (5:21) (5:25) 19:21) 118: 151 hope (25:3) h ed 11:15 22:14 NANCY SUE HICKEY hospital (4:24) (4:25) (5: 1) (8: 6) hours (23:6) (23:8) house (9:22) (10:1) (11:13) (11:16) (12:23) (15:19) (16:16) (19:11) 119:13) 120:S) 120:9) (20:10) (22:16) housework (21:4) hundred (22:3) (22:5) 122:6) 123:11 123:4) (23:19) (24:1) hurt (16:23) 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knowledge (8: 13) (13 :1) 18:13 19:16 23:16 L lack (15:9) lacking (11:6) (14:23) ladder (13:3) (13:15) last (4: 15) laundry (21:5) (21:6) leaning (21:9) least (11:7) left (13:9) (13:15) (13:16) (13:18) (15:15) lengthy ( 4 : 5 ) level (20:16) levels (14: 25) (15: 2) (15:10) (15:21) (16:13) (16: 17) life ( 11 : 6) (17: 17) 118: 81 lifted lifting (18: 10) light (9:9) limit (13:15) limitation (13:8) limitations (12:20) (13: 18) (14: 5) limited (17: 17) line (13:5) (14:12) (16: 3) lines (5:17) list (22:3) listed (24:3) little (5:12) (5:13) 112:231117:251118:5) (20: 14) live (20:8) located (5:18) long (5:20) (15:20) 115: 21) longer (24: 21) looked ( 5 : 11 ) lot (9:16) (9:18) (9:22) 117:4) 120:7) 123:S) loved (14:17) low (15:21) lucky (16:4) lunch (19:7) (12: 13) (11:23) (12:5) M man (16:25) (23:5) many (9:25) (17:22) 119:12) 120:19) march (11:22) mark (15:15) massive (21:21) matter (14: 25) may (24: 16) maybe (15:24) meal (19:20) mean (16:25) (24:3) medical ( 9 : 13 ) mental (16:16) 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112: 1) pellets (1l:20) (12:12) pennsylvania (5:19) people (lO:21) (17:18) (22:11) (25:1) people's (8:2) permJ.ssion (8:17) permitted (15:18) (15: 19) permitting (ZO: 1) persisted (10:16) (10: 19) (11: 7) person (9:20) (14:16) (17:12) (23:2) personality (17:11) phone (4:10) (5:7) (5:8) (5,101 physical (13:3) (16:10) (16,111 (16,16) pick (5:2) pillows (lO:10) planned (20:15) (22:10) (22,20) plans (20:7) point (10:16) (10:19) (15: 6) (16: 19) positive (15:12) (15:13) postaccident (16:5) poured (22:12) (22:13) (23,131 practically ( 15 : 11 ) (19: 8) pre-auction (17:15) prepare (20:19) present (3:18) pretty (9:18) previous (10:25) (15:5) probably (10:7) (12:2) problems (23:17) proceed (16: 3) process (9:18) (10:23) (14: 6) (18: 1) program (18: 8) progressed (9: 6) (11: 8) projects (11:16) (22:15) prop (10:10) put (11:15) (12:25) (23:7) (23:11) (23:12) 123,13) queen .....~-- (21: 14) NANCY SUE HICKEY R raise (13:16) raises (13: 4) ran (23:25) rather (19:10) (20:14) reach (13:8) reaching ( 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showered (19: 5) sign (4:23) since (9:1) (15:9) (16:7) sink (21:9) ____n sit (9:16) (10:7) (10:9) __ size (21:14) sleep (10:20) (10:22) (11,6) (14,9) (16,21) 1'17,2' '17,3' '17,4' small (11:14) social (17:16) (18:5) solidly ( 10 : 19) somebody (11:18) (14:15) (14:17) (19:14) sometimes (5: 13) (8: 2) (17:15) (18:12) (18:22) (20: 1) (21: 7) sorry ( 4 : 15) sort (13:23) (18:7) south (5:24) speaking (8: 6) (19: 2) spread (23: 14) spr~ngs (5:19) start (10:14) starts (19:7) statements (8:5) (8:12) statler (3:13) (25:4) steady (15:21) stiffness (10:15) still (11:21) (13:11) (13:16) (16:22) (18:9) (18: 10) stipulated stipulation stoic (9:18) stood (22:13) stop (4:23) stove (11:20) (11:22) (12: I) (12: 11) street (4:23) stroke (13:9) (14:12) stuff (14: 2) sue (3:9) (3:15) suffering (9:14) sugar (14:24) (15:2) (15:6) (15:10) (15:20) (16:1) (16:13) (16:17) summary (24:17) summer (9:23) (11:8) (11:16) (12:16) (14:7) (14,20) (22,10) 122,15) sweeper (21:6) sweeping (21: 4) sweeps (21:6) sworn (3:10) system (15:2) (3: 2) (3,1) T tackle (20: 17) tackling (22:20) taken (11:10) talked (17: 6) talking (15:16) tears (17:5) tell (3:14) (4:21) (16:12) (18:17) ten (5:22) tend (11:1) terms (14:4) (15:16) testified (3:11) (8:20) (9,3) thank (24:10) (25:5) (25:6) that's lucky (21:14) things (9:8) (9:25) (10:2) (10:14) (10:17) (11:3) (11:9) (11:13) (11,19) 112,23) (13,1) (16:19) (17:8) (17:15) (17,16) (18,11) (lS,13) (19:8) (19:9) (19:10) (19:12) (19:16) (20:4) (20,S) (20,121 (22,9) (22: 14) (22: 18) think (10:13) (13:14) '14,13' '14,22' '14,25' Anrlpr.snn r:Ollrt. Rpnnrti nn vehicle 30 (15:13) (15:15) (15:24) (16:10) (16:11) (16:16) (17:7) (17:9) (17:10) (17:12) (18:3) (19:10) {l9:17) (20:6) (22:2) (23: 3) (24: 3) (24: 4) (24:13) (24:15) (24:16) (Z4:17) (24:25) thinker (15: 12) thought (22:10) three (10:20) (11:7) (20:16) (20:21) (22:4) (23,61 throughout (9:18) (9:24) (14:6) (14:20) (22: 14) time (3:5) (5:4) (5:8) (8,81 18,91 19,6) (9,23) (9:24) (10:13) (10:21) (12:4) (16:25) (20:14) (24: 20) times (9:18) (17:22) (21:2) (21:13) (21:19) (2L201 today (18:21) together (20:25) (21: 12) (21: 19) took (11:2) (11:4) (23:2) total (23:3) touch (12:14) tough (9:13) track (24 :24) traffic (5: 13) treatment (9: 5) trial (3:6) tries (13: 5) truck (23:13) true (14:25) try (9:25) (11:15) (18,61 (18,7) (20,21 trying (8:10) (13:3) 115,24) (16,S) (20,6) tub (21,8) turn (16:23) turning (5:14) (16:19) twelve (5:22) (22:6) twice (15:25) two (10:7) (10:25) 15:25) (16:1) (18:22) (20:16) (21:22) (21:25) (23:4) (23:5) (23:15) (23: 19) type (13:3) types (19: 9) typical (18:17) (18:18) (18: 23) (19: 4) typically (5:20) (19:15) U um-hum (4:6) (12:17) (14,3) (lS, 16) understood (24:8) unless (15:5) until (5:7) (12:4) upkeep (20: 9) upon (15:7) upper (13:25) used (12:10) (12:12) (14:15) usually (15:25) (16:14) (17:4) (18:21) (21:20) v varies various vehicle '8,18\ (21: 1) (9: 4) (4,81 (S, 141 '. , . . very very (4:4) (9:20) (10:2) (10:21) (14:9) (14:241 (15:12) (17:17) (17:21) (18:10) (18:12) (20:8) visit: (20:1) w waits (19:8) waived (3: 4) wake (10:23) (10:24) (;'7:1) (17:2) (19:4) walk 116:15) (IB:7) 120,21 wall (11: 14) walls (14: 1) wanted (11:13) (19:13) (20: 9) watch (16:24) (19:25) watched (22:13> way (12:9) (14:20) weather's (20:1) week (10:6) (20:19) 121,201121,241 weekends (18:7) (21:19) weeks (12:24) welcome (25:6) well (10:24) (l1:Sl (14:24) (16:20) (19:23) 121 '21 went ( 9 : 8 ) whatever (13:24) wholEil (9: 18) (21:24) whom (4:11) wife (3:16) (4:12) window (19:13) (22:15) (22:25) (23:1) windows (13: 24) wish (24:14) wit (3:11) within (10:6) without (lO:22) (11:25) witness (3:10) (25:6) wolf's (5:17) work (4:9) (5:16) (9:16) 19,231111,51112,161 (13:6) (13:12) (16:15) (18:19) (19:1) (19:15) (23:9) (23:20) working (20:18) works (22: 18) Y yard (12:16) year (12:2) years (14:11) (24:22) york (5:19/ young (23:5) yourselves (23:10) NANCY SUE HICKEY yoursE"$lves 31 Anrlprsnn C":nlJrr. Rpnnrti nO' ,.....t . . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Motion for Summary Judgment of Defendant Brian K. Hippensteel upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 2 0 ~ay of MlJyC ~ ,2006 addressed to the following: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Ms. Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, PA 17065 JOHNSON, DUFFIE, STEWART & WEIDNER By: ---- John A. Sta uir Attorney 1.0. No. 438 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel r-.... c' .."., GJ (::) .~ ,.....) '--j "'l '~7' ~~"1 --I -r hi:D j'. - ~:. j:ry !\.-' :~ (i.) " '\ :! '1.,) ; r (~ ;r. ~----'" ;-~, ".> :::J --< METZGER, WICKERSHAM, P.e. By: Clark DeVere, Esquire Attorney 1.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hickey JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO MOTION FOR SUMMARY JUDGMENT OF DEFENDANT BRIAN K. HIPPENSTEEL AND NOW, come the Plaintiffs, Joey Hickey and Nancy Hickey, by and through their attorneys, Metzger, Wickersham, Knauss & Erb, P.C. and submit the following response in opposition to Moving Defendant's Motion for Summary Judgment: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted except that a Writ of Summons was issued on that date by the Prothonotary. 5. Admitted except that a Writ of Summons was issued on that date by the Prothonotary. 351229-1 6. Admitted except that the Complaint was time-stamped July 5, 2005. 7. Admitted. 8. Admitted except that Plaintiffs' Reply to New Matter and Cross Claim of Defendant Brian Hippensteel was time-stamped August 12, 2005. 9. Admitted except that Plaintiffs' Praecipe for Entry of Default Judgment Against Defendant Su Ann Diffenbaugh was time-stamped August 30, 2005. 10. Admitted. 11. Admitted. 12. Without admission, no response is required as the legal pleadings in this case speak for themselves. 13. Without admission, no response is required as the legal pleadings in this case speak for themselves. 14. Without admission, no response is required as the legal pleadings in this case speak for themselves. IS. Without admission, no response is required as the legal pleadings in this case speak for themselves. 16. Without admission, no response is required as the legal pleadings in this case speak for themselves. 17. The deposition transcript of Su Ann Diffenbaugh attached as Exhibit "A" to Defendant Hippensteel's Motion for Summary Judgment speaks for itself. However, Plaintiffs have obtained Affidavits from two individuals who contradict Defendant Diffenbaugh's testimony. See Affidavit of Officer Troy Wiser attached hereto and incorporated herein by reference as Exhibit "A". See Affidavit of Curt Mullen attached hereto and incorporated herein 35/229-/ by reference as Exhibit "B". In summary, Officer Wiser certified in his Affidavit that upon his arrival to the accident scene on March 4, 2005, he specifically asked Defendant Diffenbaugh whose vehicle she was driving and whether she was operating the vehicle with the owner's permission to which she responded that the vehicle was Defendant Hippensteel's vehicle and that she did in fact have his permission to drive the vehicle. Mr. Mullen certified in his Affidavit that on at least two occasions prior to the within accident, he observed Defendant Diffenbaugh driving Defendant Hippensteel's vehicle and even certified that Defendant Hippensteel was present in the vehicle as well. In addition, Plaintiffs hired John F. Shinkowsky, CPP, an investigator from Shinkowsky Investigations, who conducted a neighborhood canvass of the area where Defendants live and also interviewed Defendant Su Ann Diffenbaugh's former supervisor. In Mr. Shinkowsky's Investigation Report, he indicated that one resident in the neighborhood reported observing a female driving the Chevrolet Suburban owned by Brian Hippensteel and Defendant Diffenbaugh's former supervisor reported he observed Defendant Diffenbaugh driving herself to work in a Chevrolet Suburban on a few occasions. See Investigation Report attached hereto and incorporated herein by reference as Exhibit "C". Further, Plaintiffs believe and aver that other circumstances also support that Defendant Diffenbaugh had permission from Defendant Hippensteel to use his vehicle including the parties' relationship and the course of conduct in which the Defendants have mutually acquiesced based on the following: Defendant Hippensteel and Defendant Diffenbaugh lived together from 2002 until January of2005 (N.T. Diffenbaugh, Page 16, lines 4-6) 351229-[ 351229~I Defendant Su Ann Diffenbaugh did not own a vehicle of her own (NT Diffenbaugh, Page 8, Lines 20-25; Page 9, Lines 15-25; Page 10, Lines 1-4) Defendant Su Ann Diffenbaugh's license was suspended for a prior DUI (NT Diffenbaugh, Page 10, Lines 19-25; Page 11, Lines 1-9) Defendant Hippensteel knew at the time he started dating Defendant Diffenbaugh that she had a suspended license for DUI charges (NT Diffenbaugh, Page 13, Lines 14-25; Page 14, lines 1-2) At the time of the accident on March 4, 2005, there were three vehicles in the household - brown truck, Suburban and the Celica (NT Diffenbaugh, Page 19, lines 3-8) At the time of the accident, there were four persons living in the household - Su Ann Diffenbaugh, Brian Hippensteel and Brian Hippensteel's sons, Curtis Hippensteel (19) and Brandon Hippensteel (16). Only Brian Hippensteel and Curtis Hippensteel had valid licenses (NT Diffenbaugh, Page 14, lines 24-25; Page 15, Lines 1-10; Page 19, Lines 9-13) The keys to Defendant Hippensteel's three vehicles were kept on a key ring holder in the kitchen (NT Diffenbaugh, Page 19, Lines 14-25; Page 20, Lines 1- 6) At the time of the accident, Brian Hippensteel took the brown truck; Curt Hippensteel had the Celica, and the Suburban was left behind (NT Diffenbaugh, Page 31, Lines 13-23) Both Defendant Diffenbaugh and Defendant Hippensteel shared in the home responsibilities and expenses for the house they lived in (N.T. Diffenbaugh, Page 21, Lines 17-20; Page 24, Lines, 2-3) They became engaged to be married in December of 2002 (N.T. Diffenbaugh, Page 15, Lines 13-20). 18-20. See response to #17 above. 21-22. The deposition of Brian K. Hippensteel attached as Exhibit "B" to Defendant Hippensteel's Motion for Summary Judgment speaks for itself. However, see Exhibits "A", "B" and "e" attached hereto. Defendant Brian K. Hippensteel also testified as follows: Defendant Hippensteel knew at the time he started dating Defendant Diffenbaugh in November, 2001 that she had a suspended license for DUl charges (N.T. Hippensteel, Page 5, Lines 3-10; Answers of Defendant Hippensteel to Plaintiffs' First Request for Admissions - paragraph 10) Defendant Hippensteel knew that Defendant Diffenbaugh's license was suspended until at least a year after the within accident (N.T. Hippensteel, Page 16, Lines 7-12) The keys to Defendant Hippensteel's three vehicles were kept on the key board above the microwave (N.T. Hippensteel, Page 16, Lines 18-19; Answers of Defendant Hippensteel to Plaintiffs' First Request for Admissions - paragraph 12) Defendants Hippensteel and Diffenbaugh had been living together for approximately four (4) years prior to the aforesaid accident (Answers of Defendant Hippensteel to Plaintiffs' First Request for Admissions - paragraphs 7- 8) 35/219-1 At the time of the within accident, Defendants Hippensteel and Diffenbaugh were engaged to be married (Answers of Defendant Hippensteel to Plaintiffs' First Request for Admissions - paragraph 9) At the time of the within accident, Defendant Hippensteel was operating one of his vehicles and his son, Curt Hippensteel, was operating another of Defendant Hippensteel's vehicle, leaving a third vehicle at the household (Answers of Defendant Hippensteel to Plaintiffs' First Request for Admissions - paragraph 13) At the time of the within accident, Defendant Hippensteel did not report his vehicle stolen, nor did he take any legal action against Su Ann Diffenbaugh for using his vehicle at the time of the accident (Answers of Defendant Hippensteel to Plaintiffs' First Request for Admissions - paragraph 18) 23. It is admitted that at the time of Plaintiffs' depositions, Plaintiffs did not present any evidence in their depositions that Mr. Hippensteel gave permission to Ms. Diffenbaugh to operate his vehicle. However, upon further investigation subsequent to their depositions, Plaintiffs have obtained information that Defendant Hippensteel did in fact give permission to Defendant Diffenbaugh to operate his vehicle on numerous occasions. See Affidavits attached hereto as Exhibits "A" and "B" and Shinkowsky investigation report attached hereto as Exhibit "C". See response to #17 above. 24. Admitted. 25. Denied. In Mr. Shinkowsky's Investigation Report, he indicated that one resident in the neighborhood reported observing a female driving the Chevrolet Suburban owned by Brian Hippensteel and a former supervisor of Defendant Diffenbaugh reported he observed Defendant Diffenbaugh driving herself to work in a Chevrolet Suburban on a few occasions. 35/229-1 26. Admitted in part; denied in part. While it is admitted that Plaintiffs do not currently have any direct evidence that Defendant Hippensteel knew Defendant Diffenbaugh was impaired on the day of the accident, Defendant Hippensteel knew she had lost her license or had her license suspended or revoked as a result of a prior driving under the influence charge and conviction and yet continued to allow her to drive his vehicle. See Exhibits "A", "B" and "C" attached hereto. See response to # 17 above. 27. Pennsylvania Rule of Civil Procedure 1035.2(2) speaks for itself. However, it is not appropriate to bring a Motion for Summary Judgment when there is a genuine issue of a material fact. The trial court must confine its inquiry when confronted with a motion for summary judgment to questions of whether material factual disputes exist. Township of Bensalem v. Moore, 152 Pa. Commw. 540, 620 A.2d 76 (1993). It is not the function of the court ruling on a motion for summary judgment to weigh evidence and to determine the truth of the matter. Keenheel v. Pennsylvania Securities Commission, 134 Pa. Commw. 494, 579 A.2d 1358 (1990). For summary judgment purposes, a "material fact" is one that directly affects the outcome of the case. Kuney v. Beniamin Franklin Clinic, 751 A.2d 662 (Pa. Super. 2000); Kenney v. Jeanes Hospital, 769 A.2d 492 (Pa. Super. 2001), allocatur denied, 567 Pa. 726, 786 A.2d 988 (2001). In passing on a motion for summary judgment, the court must examine the record in a light most favorable to the nonmovant and resolve any doubt in his favor. Swartley v. Hoffner, 734 A.2d 915 (Pa. Super. 1999), allocatur denied, 561 Pa. 660, 747 A.2d 902 (1999); Doe v. Philadelphia Community Health Alternatives AIDS Task Force, 745 A.2d 25 (Pa. Super. 2000), allocatur granted in part, 563 Pa. 125, 758 A.2d 166 (2000), affirmed, 564 Pa. 264, 767 A.2d 548 (2001). The party moving for summary judgment may not rely solely on its own testimonial affidavits or depositions or those of its witnesses to establish the non-existence of a 351229-1 genuine issue of material fact. Dudlev v. USC Corporation, 414 Pa. Super. 160, 606 A.2d 916 (1992), allocatur denied, 532 Pa. 663, 616 A.2d 985 (1992). A proper granting of summary judgment depends upon an evidentiary record that either (1) shows the material facts are undisputed or (2) contains insufficient evidence of facts to make out a prima facie cause of action or defense and, therefore, there is no issue to be submitted to the jury. Plaintiffs must come forward with evidence essential to pursue the cause of action and, as evidenced in Exhibits "A", "B" and "C" attached hereto, have done so. Also, Plaintiffs will be able to prove their claims of negligent entrustment as set forth in #17 above. As per direct evidence in the form of the Affidavit of the arresting officer, Officer Troy Wiser (Exhibit "A"), Defendant Brian Hippensteel authorized Defendant Su Ann Diffenbaugh to operate his vehicle on the date of the accident. Specifically, Officer Troy Wiser affirmed that when he questioned Defendant Su Ann Diffenbaugh at the scene of the accident whose vehicle she was driving and if she had permission to do so, she replied that she did have permission to use it, as it was her fiance, Defendant Brian Hippensteel's vehicle whom she lived with. 75 Pa. C.S.A. 9 1574(a) states that "[n]o person shall authorize or permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under this chapter or who is not licensed for the type of class of vehicle to be driven." 75 Pa. C.S.A. 9 1574(b) provides that "[a]ny person violating the provisions of subsection (a) is guilty of a summary offense and shall be jointly and severally liable with the driver for any damages caused by the negligence of such driver in operating the vehicle." In Shomo v. Scribe, 546 Pa. 542, 686 A.2d 1292 (1996), the Supreme Court held the owner of the motor vehicle liable for damages caused when the owner authorized an unlicensed driver to operate his motor 35/229-/ vehicle and the driver struck and injured another person. Since the owner of the motor vehicle knew that the driver was unlicensed, the owner violated 75 Pa. C.S.A. ~ l574(a) when he permitted the driver to operate his vehicle. rd. at 547, 1295. Brian Hippensteel testified in his deposition and in his Answer to Plaintiffs Request for Admissions that he had knowledge that Defendant Su Ann Diffenbaugh's license had been suspended. (NT Hippensteel, Page 16, Lines 7-9; Defendant Hippensteel's Answers to Plaintiffs' First Request for Admissions, paragraph 10). Therefore, Defendant Brian Hippensteel is liable for the damages Defendant Su Ann Diffenbaugh caused because he had knowledge that she was unlicensed, yet authorized her to operate his vehicle, as evidenced by Officer Troy Wiser's Affidavit (Exhibit "A"). See also, Terwilligerv. Kitchen, 781 A.2d 1201, 1205, 1208 (Pa. Super. 2001). Even if overt authorization is disputed, implied consent was given by Defendant Brian Hippensteel to Defendant Su Ann Diffenbaugh. Snvder v. Carlson, 135 Pa. Super 390, 5 A.2d 588 (1939) held that the owner of the motor vehicle had impliedly given permission to another to use the vehicle when the user of the vehicle had access to the keys, and on different occasions, the user was seen driving the owner's vehicle and at least twice the owner was in the vehicle while the user was driving. For these reasons, the owner had consented to the user's operation of the vehicle at a later point, even though the user had denied such permission. rd. at 392 - 93, 589 - 90. "The necessary permission may be in the form of express or implied affirmative consent, or it may result by implication from the relationship of the parties or a course of conduct which the parties have mutually acquiesced." rd. at 392, 589. Direct evidence in the form of an Affidavit of Defendant Brian Hippensteel's neighbor, Curt Mullen (Exhibit "B") exists which indicates that Defendant Brian Hippensteel had given Defendant Su Ann Diffenbaugh permission to drive his vehicle. Specifically, Curt Mullen has testified to observing Defendant 35/229-1 Su Ann Diffenbaugh driving Defendant Brian Hippensteel's vehicle at least twice, and one of those occasions Defendant Su Ann Diffenbaugh was driving the vehicle while Defendant Brian Hippensteel was present in the vehicle. Furthermore, Defendant Su Ann Diffenbaugh and Defendant Brian Hippensteel are involved in an intimate relationship, they live together, Defendant Su Ann Diffenbaugh had access to the keys, which were kept in the kitchen they shared, and Defendant Su Ann Diffenbaugh had used the vehicle in the past. Therefore, implied consent can be inferred from the relationship existing between the Defendants and their prior course of conduct. (Snvder). 28. Conclusion of law, no response is required. If a response is required, the averments are specifically denied. See response to #17 and #23 above and the exhibits attached hereto. The exhibits speak for themselves. 29. Denied. See response to #17 above. As evidenced in Exhibits "A", "B" and "c" attached hereto, Defendant Hippensteel regularly gave permission to Defendant Diffenbaugh, even though he knew she had lost her license or had her license suspended or revoked as a result of a prior driving under the influence charge and conviction. See paragraph #10 of Plaintiffs' First Request for Admissions Directed to Defendant Hippensteel attached hereto and incorporated herein by reference as Exhibit "D". See paragraph #10 of Defendant Hippensteel's Answers to Plaintiffs' First Request for Admissions attached hereto and incorporated herein by reference as Exhibit "E". 35/229-/ WHEREFORE, Plaintiffs Joey Hickey and Nancy Hickey respectfully request that this Honorable Court enter an Order denying Defendant Brian Hippensteel's Motion for Summary Judgment. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: (a~..J." Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: <;-1 T-00 35/229-1 ,..- 1:::- X hl b il A- METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hickey JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED AFFIDAVIT OF OFFICER TROY WISER I, Officer Troy Wiser, certify that my business address is 200 Hannan Street, Mount Holly Springs, Pennsylvania. On March 4, 2005, I was a Patrolman on duty with the Mount Holly Springs Borough Police Department and responded to a motor vehicle accident at the intersection of Yates Street and South Baltimore Avenue in the Borough of Mount Holly Springs. Upon my arrival on the scene, I observed a female sitting in the driver's side of the vehicle with front-end damage which was a Chevrolet Suburban. I asked her for her name and she replied that it was Su Ann [Diffenbaugh]. I inquired as to whose vehicle she was driving and if she was operating this vehicle with permission. At that time she responded that she lives with Brian [Hippensteel] and was operating the vehicle with his permission. I also note that any false statements which are made herein may be subject to civil and criminal penalties as the law may allow. 3508/3-/ Date: 5-Z1- 2fJOb f'l?#( Officer Troy SubsqibRd and s~ to tefore me this & day of~, 2006. c?4(r Notary PublIc My commissions expires on: ~~fi. 350813-1 EX~lblt\3 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hickey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED AFFIDAVIT OF CURT MULLEN I, Curt Mullen, certify that I reside at 1003 South Hanover Street, Carlisle, Pennsylvania. I am a tow truck operator and own a towing business in Carlisle, Pennsylvania. On March 4, 2005, I responded to a motor vehicle accident in the Borough of Mount Holly Springs to tow damaged vehicles from the scene. Upon my arrival at the accident scene, I recognized one of the vehicles that required towing as a Chevy Suburban belonging to Brian Hippensteel. Mr. Hippensteel resides in the development across the street from my business. I was advised by the police officer that the driver of the Chevy Suburban was Brian Hippensteel's girlfriend, who I have since been informed is Su Ann Diffenbaugh. Although I did not know her name, I had met her prior to the accident through a real estate proposal. On at least two occasions six (6) months prior to the accident on March 4, 2005, I observed Brian Hippensteel's girlfriend, Su Ann Diffenbaugh, driving his Chevy Suburban while Brian Hippensteel was present in the vehicle. 3508/3-1 Since the accident on March 4, 2005, I saw them one time when they came to my garage to collect their personal belongings out of the Chevy Suburban I towed from the accident scene. I also note that any false statements which are made herein may be subj ect to civil and criminal penalties as the law may allow. Date: ~It'\ \ {) l( ric-~ ~ Curt Mullen Subscribed and swo:;t before me this ~ day of'-tT1 ' 2006. eli~ My commissions expires on: NOTARIAl.. SEAl. 1IlIU'AK. SPADE. Nal3yNl: ~orHllllsburg. DfIlIIlhIn CGIII\Y - __ I L' -, EiplnIs OCt. 18.- 350813-1 Exh\/(J IT L JOhn F. Shinkowsky, CPP Licensed Private investigator SHINKOWSKY INVESTIGATIONS 316 Fawn Ridge North Harrisburg, PA 17110.9269 800/276-0202' 717/579-6164 Fax: 717/540-1610 www.harrisburgpi.com jshin@harrisburgpi.com 02 February 2006 Clark DeVere, Esq. Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 RE: HICKEY v. DIFFENBAUGH and HIPPENSTEEL No. 05-1963 Civil Term Dear Attorney DeVere: The attached Investigation Report summarizes my neighborhood canvass of the area surrounding 65 East Locust Street, Mount Holly Springs, PA 17065 and my interview with Jeremy Schwartz, manager of Eckerd Pharmacy at 429 South Hanover Street, Carlisle, PA 17013. Thank you for allowing me to be of service to you. If you need additional investigative services, please contact me at (800) 276-0202 or email meatjshin@harrisburgpi.com. Yours in service, ~~ {llJOhn F. Shinkow Owner Member of INTELNET v J National Association of Investigative Specialists * National Association of Legal Investigators National Council of Investigation and Security Services * Pennsylvania Association of Licensed Investigators SHINKOWSKY INVESTIGATIONS 316 Fawn Ridge North Harrisburg, PA 17110.9269 800/276-0202' 717/579-6164 Fax: 717/540-1610 WI/IIW .harrisburgpi .com jshin@harrisburgpi.com John F. Shinkowsky, CPP Licensed Private Investigator I Case # 2005-10-0018 I INVESTIGATION REPORT Report Date: Subject: Client: Client's Reference Number: February 02, 2006 Su Ann DIFFENBAUGH Metzger, Wickersham, Knauss & Erb, P.C. 05-1963 Civil Term INVESTIGATION SUMMARY A neighborhood canvass was conducted in the area of 65 East Locust Street, Mount Holly Springs, Pennsylvania 17065 to obtain information regarding Su Ann DIFFENBAUGH's operation of any vehicles. One (1) resident reported observing a female driving the Chevrolet Suburban owned by Brian HIPPENSTEEL: . Ed DORSEY oflO East Locust Street reported occasionally observing a female driving the Chevrolet Suburban owned by Brian HIPPENSTEEL. Also, a former supervisor of Su Ann DIFFENBAUGH, reported Su Ann DIFFENBAUGH may have driven a Chevrolet Suburban: . Jeremy SCHWARTZ, manager of the Eckerd Pharmacy in Carlisle, reported that he may have observed Su Ann DIFFENBAUGH driving herself to work in a Chevrolet Suburban on a few occasions. Thursday. December 29. 2005 The following persons were interviewed: Tom DORSEY, Sr. Tammy DORSEY 8 East Locust Street Mount Holly Springs, Pennsylvania 17065 (717) 226-6097 Neither Tom DORSEY, Sr., nor his wife Tammy DORSEY, could recall seeing any female drive any vehicles owned by Brian HIPPENSTEEL. I Case # 2005-10-0018 I Page 2 00 Ed Dorsey 10 East Locust Street Mount Holly Springs, Pennsylvania 17065 (717) 486-7117 Mr. DORSEY stated he observed a female driving the Chevrolet Suburban owned by Brian HIPPENSTEEL. He stated he observed the female driving "a few times". Mr. DORSEY could not provide a description of the female nor could he provide any further information. Wednesday, January 04, 2006 The following persons were interviewed: Donna HOCKENSMITH 17 East Locust Street Mount Holly Springs, Pennsylvania 17065 (717) 486-4492 Ms. HOCKENSMITH stated she does not pay much attention to her neighbor's vehicles and could not identify any person, male or female, who may have operated Brian HIPPENSTEEL's vehicles. Rod CAMPBELL 39 East Locust Street Mount Holly Springs, Pennsylvania 17065 (717) 236-1339 Mr. Campbell stated he does not recall observing any female driving Brian HIPPENSTEEL's vehicles. He further stated it can be difficult at times to observe drivers on Locust Street from his property. 11\1 1J\J\lJ\ij/ I Case #: 2005-10-0018 I Page 3 00 Shelley BOULLlANNE 319 South Baltimore Avenue Mount Holly Springs, Pennsylvania 17065 (717) 486-3717 Ms. BOULLlANNE stated she does not know Brian HIPPENSTEEL nor is she familiar with his vehicles. She could provide no information relevant to this investigation. Tuesdav. January 24. 2006 The following person was interviewed: Jeremy SCHWARTZ Manager Eckerd Pharmacy 429 South Hanover Street Carlisle, Pennsylvania 17013 (717) 258-4800 Mr. SCHWARTZ stated he was the former supervisor of Su Ann DIFFENBAUGH when she worked at Eckerd. Mr. Schwartz stated that normally Ms. DIFFENBAUGH's mother drove her to work and on occasion Ms. DIFFENBAUGH's boyfriend, driving a pickup truck, would drop her off. Mr. Schwartz further stated that, although he is "not 100% sure", Ms. DIFFENBAUGH may have driven herself to work in a Chevrolet Suburban "on a very few occasions". Mr. SCHWARTZ could provide no further information relative to the investigation. vvwv;/ .~"" '"."", ~ N ---- tXh)"if- D -------- - METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hickey JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1963 CIVIL TERM CIVIL ACTION - LAW SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants JURY TRIAL DEMANDED PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT HIPPENSTEEL TO: Brian K. Hippensteel, Defendant c/o John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner P. O. Box 109 301 Market Street Lemoyne, PA 17043-0109 Pursuant to PaRC.P. No. 4014, Plaintiffs, Joey Hickey and Nancy Hickey, through their undersigned attorneys, hereby request that Defendant Hippensteel respond to the following admissions within thirty (30) days after service of these Requests, for the purposes of the pending action only. 1. On March 4, 2005, Su Ann Diffenbaugh was involved in a motor vehicle accident with Joey Hickey and Jacob Showers. 348722-1 2. At the time of the aforesaid accident, Su Ann Diffenbaugh was operating a 1999 Chevrolet Kl5 Suburban which was owned by you. 3. As a result of the aforesaid accident, Su Ann Diffenbaugh was charged with a violation of 75 Pa.C.S.A. 9 3802 or driving the vehicle under the influence of alcohol or a controlled substance. 4. On October 18, 2005, Su Ann Diffenbaugh pled guilty to the following charges filed against her as a result of the aforesaid accident: (a) Driving under the influence, highest rate, misdemeanor of the first degree, a third offense for mandatory sentencing purposes; and (b) Driving while operating privilege is suspended or revoked, DUI-related, a summary offense. A true and correct copy of the Order of Court pertaining to her guilty plea is attached hereto as Exhibit "A" and incorporated herein by reference. 5. Su Ann Diffenbaugh's blood alcohol test result taken following the accident on March 4, 2005 at 1750 hours revealed a alcohol level of .27% at the time ofthe accident. 6. Ms. Diffenbaugh was driving under the influence of alcohol to a degree which rendered her incapable of safely driving and being in actual physical control of the motor vehicle at the time of the accident on March 4,2005. 7. At the time of the aforesaid accident, Su Ann Diffenbaugh lived at your home located at 65 East Locust Street, Mt. Holly Springs, Pennsylvania. 8. Su Ann Diffenbaugh and you have been living together for approximately four (4) years prior to the aforesaid accident. 348722-1 9. At the time of the aforesaid accident, you and Su Ann Diffenbaugh were engaged to be marri ed. 10. At the time of the aforesaid accident, you were aware that Su Ann Diffenbaugh had lost her license or had her license suspended or revoked as a result of a prior driving under the influence charge and conviction. 11. At the time of the aforesaid accident, you owned three (3) vehicles. 12. The keys to the vehicles were kept on a keyboard above the microwave of the kitchen of your house around the time of the accident. 13. At the time of the aforesaid accident, you were operating one of your vehicles and your son Curt operated another of your vehicles, leaving a third vehicle at the household. 14. As a result ofthe aforesaid accident, Joey Hickey sustained the following injuries: (a) strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (b) Strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; (c) Strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; and (d) Compression fracture of thoracic spine. 15. As a result of the aforesaid accident, Joey and/or Nancy Hickey incurred a rental car expense of $463.49 while he was without a vehicle (a true and correct copy of the receipt is attached hereto as Exhibit "B" and incorporated herein by reference). 16. As a result of the aforesaid accident, Joey and/or Nancy Hickey paid a $500.00 deductible to repair the collision related damage to his vehicle. 348722-1 17. As a result of the aforesaid accident, the vehicle required repairs in the amount of $5,351.32 for the repair (a true and correct copy of the appraisal is attached hereto as Exhibit "C"). 18. You did not report your vehicle stolen at the time of the aforesaid accident nor took any legal action against Su Ann Diffenbaugh for using your vehicle at the time of the accident. METZGER, WICKERSHAM, KNAUSS & ERB, P.e. By: ~ ~4 Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: 3 - ~ -0 b 348722-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs First Request for Admissions Directed to Defendant with reference to the foregoing action by first class mail, postage prepaid, this a ~ day of (VI.."...",,"" , 2006 on the following: Brian K. Hippensteel, Defendant c/o John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner P. O. Box 109 301 Market Street Lemoyne, P A 17043-0109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Y2-"" ~/ ~ Clark DeVere, Esquire 348722-1 Exhibit A V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CR-1900-2005 CHARGES: (2) DUI, HIGHEST RATE (3) DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED (DUI-REL.) (S.} AFFIANT~ PTL. RALPH SMITH, JR. COMMONWEALTH SD ANN DIFFENBAUGH CTN: L228473-0 IN RE: DEFENDANT PLEADS GUILTY ORDER OF COURT AND NOW, this 18th day of October, 2005, defendant having appeared and tendered a plea of guilty to Count 2, driving under the influence, highest rate, a misdemeanor of the first degree, a third offense for mandatory sentencing purposes, and to Count 3, driving while operating privilege is suspended or revoked, DUI-related, a summary offense, the pleas are acoepted and recorded in full satisfaction of all charges at this term and number. A driving under the iDfluence is ordered. Defendant is ordered to appear for sentencing on Tuesday, January 10, 2006, at 1:30 p.m. ---; By the Court, / I.\. -;/1 Edgar B. Bayley, J. Probation ('") c:: ~ -,~ :s c;::.....-;. oJ> i~~~~ = ~n n :'>::J" ...., ~ :;...-;:;, "-> r c:..~n g("') -0 m (_0 0 _"c:: :;::~ r;,> :< .: .:--- Matthew F. Smi~h, Esquire Assistant District Attorney Gregory B. Abeln, Esquire For Defendant Court Administrator Sheriff prs OCT 2 .. 2005 ~ ~"n-l""'".~..l'" ;f~:::.~r"\'h"'i.~"'~ Cl.:'I9! 'L.-"-<i.l';;....n:> ......w.u. ~.,. ;1.-"'''' U~... Exhibit B ~. u" -- o :> t: c:a I . s::: Q) u:: Enterprise rent-a-car DUPLICATE 800 NORTH HANOVER ST CARLISLE PA 17013-1538 Bill To: OOOOO~J-OOO'2100050- f.~71011llglllli JOE HICKEY 25 YATES ST MT HOLLY SPGS PA 17065 RENTAL INFORMATION Date Out 3/18/05 ~l"lnter JOE HICKEY Date In 4/04/05 Additional Driver Name SPOUSE--NANCY HICKEY RENTAL VEHICLES CLAIM INFORMATION Color 8LACK Model 04 CAMR License No. Claim #/Policy #/P.O. # FPR7860 324700 Unit # Insured UZ7424 HICKEY' JOE' Date of Loss Type of Car SUZUKI GR Type of Loss INSURED Repair Shop FAULKNER COL ~.............. Please Return This Portion with Remittance Remit to: ENTERPRISE RENT -A-CAR ATTN: ACCTS RECEIVABLE PO BOX 61770 HARRISBURG PA 171 06 04/05 Rental Agreement 0703621 - 5710 BILLING DETAIL escription Rate Amount 18 OAYS @ 21.99 395.82 TRANSTAX 36.00 SALES TAX% 8.00 31.67 '"" \'1" j =, :5 y'" ( OTAL CHARGES 'ESS AMOUNT RECEIVED HARGED TO OTHERS ; ;7,.;; J1J. ,J f \1 4 .49 19..3.49 ) 360.00 AMOUNT DUE. . . . . . . . . . . . .. ~ .0 IMPORTANT INFORMATION Billing Inquiries Call 717-258-4495 Fed Tax 10 # 52-1690665 Thank You For Choosing Enterprise DUPLICATE COPY PLEASE DISREGARD IF ALREADY PAID . . . . . . . . . . . . . . . AMOUNTDUE.. .. .. . . .. .. .. ~ .00 Paid by: JOE HICKEY 25 YATES ST MT HOLLY SPGS PA 17065 Customer# Rental Agreement Amount GPBR 999999 0703621 .00 5710 Exhibit C r ~VIII ,.:.;' OS/25/2005 at 06:07 AM 95926 File 10: FC-0107-12 STARSINIC APPRAISALS Starsinie Appraisal Serv'l Ine. Auto - Heavy Equipment - ~.V.- Motorcycles P.O. Box 7462 638 So. 2nd Street Steelton, PA 17113-0462 (717) 939-9891 Fax. (717) 939-199:2 Written By: Gerald Walton #151292 OS/25/2005 06:07 AM ~ [g@rnow@ ~ MAY 2 7 2005 CLAIMS DEPT. BFlETHREN MUTUAL INS. CO. Insured. Owner. Address. 8~ S'lJPPLEMENT OF RECORD 2 WITH StIMHARy ~l./i:; JOEY HICKEY Claim #324700 :~~ JOEY HICKEY Policy # "~~J 25 YATES STREET Date of Loss. 03/04/2005 r~ ~ MT HOLLY SPRINGS, PA 17065 Type of LOSB. Collision ~~ (717)486-4514 Point of Impact. 6. Rear (717)5:28-4125 FOr: BRETHERN MUTUAL - Adjuster: BRAD BAKER Other. Other. Inspect 25 YATES STREET Location. MT HOLLY SPRINGS, PA 17065 Other: (717) 486-4514 HOME Repair APPRAISAL ONLY Facility. Days to Repair License # 2001 SUZU GRAND VITARA 4X4 LIMITED 6-:2.5L-FI 4D UTV WHITE :N: JS3TD62V514158200 Lic. DYP-8869 PA Prod Date. Air conditioning Rear Defogger Cruise Control Intermittent Wipers Rear Wiper Tinted Glass Luggage/Roof Rack Electric Steel Sunroof Clear Coat Paint Power Steering Power Windows Power Locks AM Radio FM Radio Cassette Search/Seek Driver Air Bag passenger Air Bag Bucket Seats ReCline/Lounge Seats 4 Wheel Drive Aluminum/Alloy Wheels Int. Odollleter: 93747 Tilt Wheel Keyless Entry Dual Mirrors Fog Lamps Power Brakes Power Mirrors Stereo Anti-Lock Brakes (4) Leather Seats Automatic Transmission ---~-------------------------------------------------------~------------------- NO. OP. DESCRIl?TION QTY EXT. PRICE LABOR "'AINT -------------------------------------------------------.-------------.--------- 1 501 REAR BUMPER :. SOl O/H bumper assy 0 0.00 1.5 0.0 3 501 Repl Bumper cover 1. 339.08 Incl. 2.6 4 501 Add for Clear Coat 0 0.00 0.0 1.0 5 SOl Repl Top finish panel 1. 103.9:2 0.4 0.0 6 501 Repl Reinforcement 1 183.17 Incl. 0.0 7 GRILLE 8 O/H front bumper 0 0.00 2.3 0.0 9 Repl Grille 1 187.06 Incl. 1.3 10 Add for Clear Coat 0 0.00 0.0 0.5 1 I rlVI'1 OS/25i2005 'at 06,07 AM 95S26 File 10, FC-0107-12 SUPPLEMENT OF RECORD 2 WITH SUMMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-FI 4D UTV WHITE Int: NO. OP. DESCRIPTION QTY EXT. PRICE I..Al30R ----------------------------------------------~-------------------------------- PAINT 11 12 * SOl 13 14 15* 16- 17 18 SOl 19 SOl 20 SOl 21 22 23 24 ** SOl 25 SOl 26 SOl 27 SOl 28 29 30 31 SOl 32 SO 1 33 SOl 34 35 36 37# 36# 39# 40# 41# 42# 43# 44# 45# 46# SOl 47 S02 48 S02 49# 802 Repl Rpr Rpr Repl Repl Repl Repl Repl Repl Repl Repl Repl Rep1 Repl Repl Repl Rpr Rep1 Repl Repl Repl Repl Rpr Subl Rpr Subl Repl Rpr FRom LAMPS RT Headlamp assy Aim headlamps COOLING Shroud Radiator support BACK DOOR Door shell Overlap Major Non-Adj. Panel Add for Clear Coat Emblem "SUZUKI" chrome Emblem "GRAND VITARA" chrome Emblem "V6" chrome Qual Repl Parts Door glass suzuki green Weatherstrip Reveal molding Lower trim panel SPARE TIRE CARRIER Spare carrier Spare Spare cover REAR BODY ~ FLOOR Rear crossmember Rear sill plate FRONT BUMPER Bumper cover wlo sunroof Add for Clear Coat CLEAN INTERIOR Hazardous Waste Removal Cover vehicle for overspray Restore Corrosion Protection Flex additive Flex additive Setup ~ measure CUnibody) Four wheel alignment Pull and square rear unibody TOWING STEERING COLUMN Combo switch w/cruise control RESET ELECT COMPONANTS 1 o 180.05 0.00 0.4 0.5 0.3 2.0 4.5 0.0 0.0 0.2 0.2 0.2 Incl. Incl. Incl. Incl. 0.5 0.0 2.0 0.2 Inel. 0.0 1.0 0.0 0.2 0.0 0.0 0.0 2.0 F 0.0 4.0 F 0.0 0.8 0.3 0.0 0.0 0.0 1.2 2.1 -0.2 0.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.6 1.0 0.0 0.0 0.0 . 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 ~------------------------------------~----------------------------------------- Subtotals ~~> 2 o o 0.00 m 0.00 6 1 o o 1 1 1 1 450.46 0.00 0.00 17.50 21. 56 12.72 261.00 1 1 1 76.56 82.76 125.19 1 1 70.35 71.00 1 1 202.65 28.56 1 o o 1 1 1 1 1 o 1 o 1 327.36 0.00 0.00 3.00 T 5.00 T 18.00 T 6.00 6.00 0.00 59.95 T 0.00 80.75 X 1 o 431.34 m 0.00 3350.99 23.5 12.5 rHUM \l'HLJJ 0 1::1 LUU:) Iv,/f0!vl. 0,0~/I~V'011101:J0cU r 't OS/25/2005 at 06:07 AM 95926 File ID: FC-0107-12 SUPPI..l!:KEN'l' OF R.ECORD 2 WITH SUMMl\ll.Y 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-FI 4D UTV WHITE Int: --------------------~-------------------------------------------------------- Estimate Notes: ENGINE HAS NOISE,WHICH,I AM UNABLE TO DETERMINE WHAT THE DAMAGES ARE LKQ LOCATED AT AUMILLERS 1-800-692-7463 Farts Body Labor Paint Labor Frame Labor paint supplies Sublet/Misc. 17.5 hrs @ $ 40.00/hr 12.5 hrs @ $ 40.00/hr 6.0 hrs @ $ 42.00/hr 12.5 hrs @ $ 20.00/hr 3184.29 700.00 500.00 252.00 250.00 :1.66.70 -~-------------------------------------------------- SUBTOTAL Sales Tax $ 5052.99 $ 4972.24 @ 6.0000% 298.33 ---------------------------------------------------- TOTAL COST OF REPAIRS $ 5351.32 ADJUSTMENTS: Deductible 0.00 ---------------------------------------------------- TOTAL ADJUSTMENTS NET COST OF REPAIRS $ 0.00 $ 5351.32 ~UPPLEMENTAL CHARGES DISCLAIMER: Any supplemental repair charges may be jected unless otherwise approved by the appraiser or the insurance company prior to the completion of such repairs All appraisals are subject to review by the assigning insurance company and or their affiliates. APPRAISER:~./--z:!!5;- APPROXIw,:rE DAY ..TO REPAIR COpy TO: INS. Co. PA LIe. #/&~ DATE 5/3.:;;/aS' DRIvBEABLE (Y or N) OWNER REFAIRER " 3 r KUlvl I".......' '" ,,, -...""" OS/25/2005 at 06:07 AM ~5926 File ID: FC-0107-12 SUPPLEMENT OF RECORD 2 WITH SUMMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-FI 4D UTV WHITE Int. fY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR vTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURpOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDUGENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED, D~DISCONTlNUED PART A~APPROXlMATE PRICE B-BODY LABOR D=DIAGNOSTIC E-ELECTRICAL F=FRAME G-GLASS M=MECHANICAL P_PAINT LABOR S-STRUCTURAL T~TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS ADJ-ADJACENT ALGN_ALIGN A(M=AFTERMARKET BLND=BLEND CAPA-CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R~DISCONNECT AND RECONNECT EST-ESTIMATE EXT. PRICE~UNIT PRICE MULTIPLIED BY THE QUANTITY INCL_INCLUDED MISC=MISCELLANEOUS NON-ADJ~NON ADJACENT O(H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART CaMP REPL PARTS~COMPETITlVE REPLACEMENT PARTS RECOND~RECONDITION REFN_REFINISH REPL-REPLACE R&I~REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR_REPAIR RT=RIGHT SECT~SECTION SUEL=SUBLET LT-LEFT W(O-WITHOUT W(_=WITH(_ #~MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED]. **~DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO [NE NAGS=NATIONAL AUTO GLASS SPECIFICATIONS. MQVP-MANUFACTURER'S QUALITY AND VALIDATION PROGRAM. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING' REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. AFTERMARKET CRASH PART " A NONORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NONMECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. THIS APPRAISAL WILL INDICATE IF AFTERMARKET CRASH PARTS ARE SPECIFIED. IF THE USE OF SUCH PARTS VOIDS THE WARRANTY ON THE PART BEING REPLACED OR ON ANY OTHER PART, THE AFTER MARKET CRASH PART WILL BE WARRANTED BY THE MANUFACTURER OR INSURANCE COMPANY EQUAL TO OR BETTER THAN THE REMAINDER OF THE EXISTING WARRANTY. 4 ~KVM III ..1.#1 V OS/25/2005' at 06:07 AM 95926 File ID, FC-0107-12 SUPPLEMENT OF RECORD 2 WITH SUMMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-FI 4D UTV WHITE Int: imate baaed on MOTOR CRASH ESTIMATING GOYDE. Unless otherwis~ noted all items are derived from the Guida ARS1411 Database Date 05/20051 CCC Data Cate 05(2005, and the p~rte selected are OEM-parte manufactured by the vehicles ori9iJ~1 Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. Asterisk (*) or Double Ast@risk (.W) indicates that the parts and/or labor information provided by ~~R may have been modified or may have come from an alternate data source. Tilde sign (-) items indicate MOTOR Not-Ineluded Labor operations. Non-Original ~quipment Manufacture~ aftermarket pares are described as AM, Qual Repl Parts or Comp ~epl Parts which st~nde for Competitive Replacement Parts. UBed parts are described as LKO. Qual Recy Parts, RCY. or USED. Reconditioned parts arB d@scribed ~a Recon. Recorea partB are described as Recore. NACS Part NumberB and Prices are provided by National Auto Glass Specifications, Inc. Pound sign (Ul items indicate manual entries. Some parts that are describ@d au AM, Qual Repl Pa~tB or Camp Repl ~arts may be OE Surplus parts or other OE parts offered at a special pricing discount. For further clarification please review the slJppl:i,ere List attached to this Bstimat@t or consult the app%:'aiser o. estimator. CCC Pathways - A product of CCC Information services Inc. 5 cROM \ l"i t u } 0 I:J L U U:" I'), '" 0 / 0 I, :,), 0:j / I~ V, :J I I I V I J V L 1.... r ".; .,' OS/25/2005 at 06:07 AM 95926 File 1D: FC-0107-12 SUPPLEMENT OF RECORD 2 WITH SUMMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-FI 4D UTV WHITE Int: ._------------------~--------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT --~---------------------------------------------------------------------------- 47 S02 48 S02 49# S02 Repl Rpr ------- ADDED ITEMS ------- STEERING COLUMN Combo switch w/cruise control RESET ELECT COMPONANTS 1 o 431. 34 0.00 m o. a 0.3 0.0 0.0 ----------------------------------------------------------------_._------~._--- SUbtotals --> 431.34 1.1 0.0 ------------------------------------------------------------------------------- Estimate Notes: ENGINE HAS NOISE,WHICH,I AM UNABLE TO DETERMINE WHAT THE DAMAGES ARE LKQ LOCATED AT AUMILLERS 1-800-692-7463 Parts Body Labor 1 . 1 hrs @ $ 40. 00 /hr 431. 34 44.00 ---------------------------------------------------- SUBTOTAL Sales Tax $ $ 475.34 @ 6.0000% 475.34 28.52 TOTAL SUPPLEMENT AMOUNT $ 503.86 NET COST OF SUPPLEMENT $ 503.86 Estimate Supplement Sl Supplement S2 3940.95 Gerald Walton 906.51 Gerald Walton 503.86 Gerald Walton Workfile Total $ 5351.32 NET COST OF REPAIRS $ 5351.32 SUPPLEMENTAL CHARGES DISCLAIMER, Any supplemental repair charges may be rejected unless otherwise approved by the appraiser or the insurance company prior. to the completion of such repairs All appraisals are subject to review by the assigning insurance company and or their affiliates. APPRAISE~: ~~~~ APPROXIMATE DAYS TO REPAIR COPY TO: INS. Co. PA LIC. ~.2PZ DATE: (~d.5 DRIVBEhBLE (Y or N) OWNER REPAIRER 6 r KUlvl \" L.. V I '" 'v ..."" v "-1-'- 05/25/2005' at 06 :07 AM 95926 File ID: FC-0107-12 SUPPLEMENT OF RECORD 2 WITH SUMMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.SL-FI 4D UTV WHITE Int: ~ PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR vIHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO 515,000. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIEE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: D-DISCONTlNUED PART A_APPROXIMATE PRICE B_BODY LABOR D_DIAGNOSTIC E_ELECTRICAL F-FRAME G-GLASS M-MECHANlCAL P-PAINT LABOR S-STRUCTURAL T_TAXED MISCELLANEOUS X_NON TAXED MISCELLANEOUS ADJ_ADJACENT ALGN-ALIGN AIM_AFTERMARKET BLND_BLEND CAPA-CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D~R-DISCONNECT AND RECONNECT EST-ESTIMATE EXT. PRICE-UNIT PRICE MULTIPLIED EY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO-LINE NUMBER QTY=QUANTITY QUAL RECY-QUALITY RECYCLED PART QUAL REPL-QUALITY REPLACEMENT PART COMP REPL pARTS_COMPETITIVE REPLACEMENT PARTS RECOND~RECONDITION REFN_REFINISH REPL_REPLACE R&I-REMOVE AND INSTALL R~R-REMOVE AND REPLACE RPR-REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/_~WITH/_ n=MANUAL LINE ENTRY '~OTUER [IE. .MOTORS DATABASE INFORMATION WAS CHANGED]. **-DATAEASE LINE WITH AFTERMARKET N-NOTES ATTACHED TO INE NAGS-NATIONAL AUTO GLASS SPECIFICATIONS. MQVP_MANUFACTURER'S QUALITY AND vALIDATION PROGRAM. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING' REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECI'IVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. AFTERMARKET CRASH PART - A NONORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NONMECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. THIS AFPRAISAL WILL INDICATE IF AFTERMARKET CRASH PARTS ARE SPECIFIED. IF THE USE OF SUCH PARTS VOIDS THE WARRANTY ON THE PART EEING REPLACED OR ON ANY OTHER PART, THE AFTER MARKET CRASH PART WILL BE WARRANTED BY THE MANUFACTURER OR INSURANCE COMPANY EQUAL TO OR BETTER THAN THE REMAINDER OF THE EXISTING WARRANTY. 7 rKUM I,VltU! b 10 :!UUO ':):'4/01, ':):~8/~U, ,111~1:.0i: v 8 OS/25/2005 at 06;07 AM 95926 File 1D, FC-0107-12 SUPPLI!:MBNT OF RECORD 2 WITH SUMMARY 2001 SUZU GRAND VITARA 4X4 LIMITED 6-2.5L-F1 4D UTV WHITE Int: tim8te baaed on MOTOR CRASH ESTXMATING GUIDE. Unless otherwise noted all items are derived from th& Guide ARS1411 Database Dace 05/2005, CCC Data Dnte OS/2005, and the part$ selected are OBM-parts manufactur@d by the vehicles Original ~quipment ManUrace~rer. OEM parts are available at OE/Vehicle dealershipB. ASteris~ (-) or Double Asterisk (~~) indicates that the parts and/or labor information provided by MOTOR may hav@ been modified or may have come. from an a.lternat.e data source. Tilde sign (_) items indicate MOTOR Not-Included Labor operations. ~on-Or19inal Bquipment Manufacturer aftermarket parts &re described aft ~. Qual Repl ?arta or Camp ~epl Parts which ~tandB for Competitive Replacement Parts. Ueed partB are described as LKQ, Ou~l Recy Parts, RCY, or USED. Reconditioned parte are ~escribed as Recon. Reoored parts are described as Recore. NAGS part Numbers and prioes are p~ovided by National Auto Glass Specifications. Inc. Pound sign (#) items indicate manual entries. Some parts that are described as AM, Qual Repl Parts o~ Camp ~epl Parts may be OE SurplUS parts or other OE parts offered at a special pricing discount. For further clarif.ication please review the Suppli~rs List attaehed to this estimate, or consult the appraiser or eet im~to-r . ccc Pathways - A product of CCC !nformation Services Inc. 8 rKUM Surch Item 324700 FLInct:ion CLMMNT Policy & Insured: JOEY P HICKEY Policy: PAA0039956 CLAIM II: 32470D Aedt St: PA Oeser of Loss: LOSS Location: MAIL TO FAULKNER COLLISION CENTER 2 ROADHA Y DR ',ilL-V! V I'" '-.UVV lU'VV/VI""'VV",,,,,,,,,~,yV__ Pa.ssword l I VISION MIS CLAIMS ASSOCIATES. INC. AgyBr: 805600 '0.857.06 7.0'3.01 17.870.07 CLAIM NO DATE INSURED CLAIMANT CARLISLE f6 17013 PAY FAULKNER COLLISION CENTER & JO Policy /I PAA0039956 TO Loss Date 050304 Tax 10 Loss/Exp L Amount 3440.95 PAY FOR Select Loss Date 03/04JOS Claim Information Agy: MILLER INS. Eff: 01/09/05 Exp: 07/09/05 DOL: 03/04/05 TOL: ____ _ Rosv: Chrg: ~ Cat: ____ St.: Q Paid: OV1 REARENDED IV WHICH REAREND OV2 Iner: ROUTE 34 MOUNT HOLLY SPRING PA CHECK /I 00363862 32470001 03/29/05 JOEY P HICKEY JOEY P HICKEY Partial Payment of 03/04/05. a Function Key. for COLLISION & UPSET Less rKUM IfI[LJ) U I:,) LUU;J IU,v't!JI, 'U,.~l;.J/IW, -..II! IU .JI.!L..J I y Searoh Ite.. 324700 MAIL TO ENTERPRISE RENT A GAR 2625 MARKET PLACE Loss Date 03J04/05 & Claim Information Agy: MILLER INS. ASSOCIATES. INC. Eff: 01/09/05 Exp: 07/09/05 AgyBr: 805600 DOL: 03/04/05 TOL: ____ _ Resv: 10.857.06 Chrg: N Cat: Sts: Q Paid: 7,013.~ OV1 REARENDEO IV WHICH REARENO DV2 Inor: 17.870.07 ROUTE 34 MOUNT HOLLY SPRING PA CHECK # 00364613 32470001 04/11/05 JOEY P HICKEY JOEY P HICKEY Funotion CLMMNT Policy Password [ I VISION MIS CLAIMS Insured: JOEY P HICKEY POlicy: PAA0039956 CLAIM #: 324700 Acdt St: fe. Oeser of Loss: Loss Location: CLAIM NO OATE INSURED CLAIMANT PAY TO HARRISBURG PA 17110 ENTERPRISE RENT A CAR Policy # PAA0039956 Loss Date 050304 Tax 10 52-1690665 Loss/Exp L Amount 360,00 PAY FOR Select Partial Payment of 03/04/05. a Function Key. for COLLISION & UPSET Loss fROM Search Item 324700 Loss Date 03/04/05 & Claim Information Agy: MILLER INS. Eff: 01/09/05 Exp: 07/09/05 DOL: 03/04/05 TOL: ____ _ Resv: Chrg: ~ Cat: ____ Sts: Q Paid: OVl REARENDEO IV WHICH REAREND DV2 Incr: ROUTE 34 MOUNT HOLLY SPRING PA CHECK H 00365759 32470001 04129105 JOEY P HICKEY JOEY P HICKEY U'!':VJ U 1;.1 LUUJ IU,v't/vl. IL',VV/I1'.,). VIIIVI"V<..V I Password [ ] VISION MIS CLAIMS Funetion CLMMNT policy Insurad: JOEY P HICKEY Policy: PAA0039956 CLAIM H: 324700 Acdt St: PA Oeser of Loss: LOSS Location: MAIL TO PAY TO PAY FOR Select FAULKNER COLLISION 2 ROADWAY DRIVE ASSOCIATES. INC. AgyBr: 805600 , 0.857.06 7.013.01 17.870.07 CLAIM NO DATE INSURED CLAIMANT CARLISLE ~ 17013 FAULKNER COLLISION Final Payment for 03/04/05. a Function Key. Policy # PAA0039956 Loss Date 050304 Tax ID LOSS/ExP L Amount 908.51 COLLISION & UPSET Loss of rKIJM Search Item 324700 Function CLMMNT pOlicy & Loss Oat.. 03/04/05 Claim Information Agy: MILLER INS. Eff: 01/09/05 Exp: 07/09/05 DOL: 03/04/05 TOL: ____ _ Reev: ChrO: H Cat: ____ st.: Q Paid: OV1 REARENDED IV WHICH REARENO OV2 Incr: ROUiE 34 MOUNT HOLLV SPRING PA CHECK # 00367318 32470001 OS/27/05 JOEV P HICKEV JOEV P HICKEY Insured: JOEV P HICKEV Policy: PAA0039956 CLAIM II: 324700 Acdt St: PA Oeser of Lose: Loss Location: MAIL TO PAY TO PAY FOR Select FAULKNER COLLISION 2 ROADWAV DRIVE CARLISLE fa 17013 FAULKNER COLLISION SUDDlemental Payment Loss of 03/04/05. a Function Key. Pas.,",ord I ] VISION MIS CLAIMS ASSOCIATES. INC. AgyBr: B05600 10.867.06 7.013.01 17.870.07 CLAIM NO DATE INSURED ClAIMANT Policy /I PAA0039956 Loss Date 050304 Tax 10 LossJExp L Amount 503.86 for COLLISION & UPSET f)(~Jb it F - Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire 1.0. No. 43812 301 Market Street P. O. Box 109 lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant Brian K. Hippensteel Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVil ACTION - lAW JOEY HICKEY and NANCY HICKEY, v. SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants : NO. 05-1963 CIVil TERM : JURY TRIAL DEMANDED ANSWERS OF DEFENDANT BRIAN K. HIPPENSTEEL TO PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS AND NOW, comes Defendant Brian K. Hippensteel, by his attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who file the following Answers to the Plaintiffs' First Request for Admissions: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. " 5. After reasonable inquiry, the information contained in this request for admission is not known or readily obtainable by the Defendant to enable him to admit or deny the same. 6. After reasonable inquiry, the information contained in this request for admission is not known or readily obtainable by the Defendant to enable him to admit or deny the same. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. After reasonable inquiry, the information set forth in this request is not known or readily obtainable by the Defendant and is insufficient to enable him to admit or deny the same. 2 \, 15. After reviewing Exhibit "B," it is admitted that the Plaintiff paid a rental car expense of $10349. It appears that the remaining $360.00 in rental car expenses were charged to andJor paid by someone other than the Plaintiffs. 16. After reasonable inquiry, the information set forth in this request is not known by the Defendant or readily obtainable by him to enable him to admit or deny the same. 17. It is admitted that according to the estimate from Starsinic Appraisals, the Plaintiffs' vehicle required repairs in the amount of $5,351.32. 18. Admitted. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, uir Attorney I. D. No. 438 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel DATE: 3//5/0(,. :270739 13806-15 3 \ VERIFICATION I, BRIAN K. HIPPENSTEEL, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer of Defendant Brian K. Hippensteel to Plaintiffs' First Request for Admissions; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. S4904, relating to unsworn falsification to authorities. J"; +'J . , _ i J' I ., ! i~. '. .' c,... , 'h 1-1d'1 ~: (J/tl)121G j/ii{): BRIAN K. HIPPENSlEEL DATE --;, i" /')1 :~' /dCIO '. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answers of Defendant Brian K. Hippensteel to Plaintiffs' First Request for Admissions upon all parties or counsel of record by depositing a copy of same irl the Urlited States Mail at Lemoyne, Pem1sylvania, with first-class postage prepaid on the 'lo 'aay of M IJY cAA , 2006 addressed to the following: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Ms. Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, PA 17065 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, qui Attorney I.D. No. 43 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.c., hereby certify that I served a true and correct copy of Plaintiffs Response to Defendant Hippensteel's Motion for Summary Judgment with reference to the foregoing action by first class mail, postage prepaid, this ~ay of +rr f , 2006 on the following: Brian K. Hippensteel, Defendant clo John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner P. O. Box 109 301 Market Street Lemoyne, P A 17043-0109 Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, P A 17065 METZGER, WICKERSHAM, KNAUSS & ERB, P.c. (~::-~ Clark DeVere, Esquire 348722-1 r. ~ (-.. -- . Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire ID No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attomeys for Defendant Brian K. Hippensteel Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JOEY HICKEY and NANCY HICKEY, v. SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants : NO. 05-1963 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued: Defendants Motion for Summary Judgment 2. Identify counsel who will argue case: (a) For Plaintiffs Address Clark DeVere, Esquire MelzgarWickersham Knauss & Erb, P.C. 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (b) For Defendant Hippensteel Address John A. Statler, Esquire Johnson, Duffie, Stewart & Weidner, PC. 301 Market Street P.O Box 109 Lemoyne, PA 17043-0109 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 17, 2006 ~ Attorney for Defendant Brian K. Hippensteel :273697 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for Listing Case for Argument upon all parties or counsel of record by depositing a copy of same in Th the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 20 day of A~\': I , 2006 addressed to the following: Clark DeVere, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Ms. Su Ann Diffenbaugh 65 East Locust Street Mt. Holly Springs, PA 17065 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. , e Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Brian K. Hippensteel ('-'.' .> > .- J o ,\c- JOEY HICKEY and NANCY HICKEY, INDIVIDUAllY AND AS HUSBAND AND WIFE, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. SU ANN DIFFENBAUGH and BRIAN K, HIPPENSTEEL, DEFENDANTS : 05-1963 CIVil TERM IN RE: MOTION OF DEFENDANT BRIAN K. HIPPENSTEEL FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND GUIDO, J. ORDER OF COURT AND NOW, this ~ day of June, 2006, IT IS ORDERED: (1) The motion of defendant, Brian K. Hippensteel, for summary judgment on plaintiffs' claim that he is jointly liable as a result of the accident on March 4, 2005, IS DENIED. (2) The motion of defendant, Brian K. Hippensteel, for summary judgment on plaintiffs' claim that he is individually liable as a result of the accident on March 4, OS, IS GRANTED. By t~7Z6urt~ /' \ >- M ?: 0:: N jSf .. ~:~J UJQ ~ OC'; - LL_.o"- 0- , , -,;,.- c5 r"' I C DC"': It ILL ::::J -...- ...~_. u:!:!J ::::> ~ --') '-'-' "..~-~ LL = => 0 = (,) c--J 05-1963 CIVIL TERM Clark DeVere, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 For Plaintiffs John A. Statler, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 For Brian K. Hippensteel Su Ann Diffenbaugh, Pro se 65 East Locust Street Mt. Holly, PA 17065 :sal -2- .- .. METZGER, WICKERSHAM, P.C. By: Clark De V ere, Esquire Attorney J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Joey Hickey and Nancy Hickey JOEY HICKEY and NANCY HICKEY, Individually and as Husband and Wife, Plaintiffs vs. SU ANN DIFFENBAUGH and BRIAN K. HIPPENSTEEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1963 CIVIL TERM CNIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. Date: December rill, 2006 368227-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~4 Clark De V ere, Esquire J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiffs CERTIFICATE OF SERVICE And Now, this~ day of December, 2006, I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Praecipe to Settle, Discontinue and End to the Defendants as follows: Sent by First Class Mail Su Ann Diffenbaugh and Brian K. Hippensteel c/o John A. Statler, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~l~ Clark De V ere, Esquire -- 348722-1 C' r'-~. ~ '" r-~' C:.:;> r.::"::) 0-' o -n $2. ~ i".-.) , ~ c...r1 CT.