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HomeMy WebLinkAbout02-4083IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. DV- 2g92- Civil Action - (x) Law ( ) Equity Clarence "Bud" Snyder, Plaintiff Keller's Used Cars 13 Gasoline Alley Carlisle, PA 17013-8819 versus and Scott W. Keller 9 Gasoline Alley Carlisle, PA 17013-8819 and Joan E. Keller 13 Gasoline Alley Carlisle, PA 17013-8819 : and Wayne P. Keller 13 Gasoline Alley Carlisle, PA 17013-8819 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COUNTY: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff ANDREW H. DOWLING, ESQUIRE ??- Mette, Evans & Woodside Signature of Attorney 3401 North Front Street Supreme Court ID No. 39692 Harrisburg, PA 17110 Date: .d p 717-232-5000 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT T EABOVE- MEDPLAINTIFFSHAVECOMMENCEDAN ACTION AGAINST YOU. Pr onotary Date: s ?? Ct bY_Z? Depur- ( ) Check here if reverse is issued for additional information 3038 7 C O rnrF, ?? i?.T? ' y. C ;:.a. SIT} -'1 -G .. N ? b ti r t SHERIFF'S RETURN - REGULAR CASE NO: 2002-04083 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER CLARENCE "BUD" VS KELLER'S USED CARS ET AL HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KELLER'S USED CARS the DEFENDANT , at 0836:00 HOURS, on the 3rd day of September, 2002 at 9 GASOLINE ALLEY CARLISLE, PA 17013 by handing to JOAN E KELLER 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 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before mey this day of r._D.. ?DL A.D. Prothonotary 11 So Answers: R. Thomas Kline 7 09/04/2002 METTE EVANS WOODSIDE By: Deputy Sh iff SHERIFF'S RETURN - REGULAR CASE NO: 2002-04083 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER CLARENCE "BUD" VS KELLER'S USED CARS ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KELLER SCOTT W the DEFENDANT , at 0836:00 HOURS, on the 3rd day of September, 2002 at 9 GASOLINE ALLEY CARLISLE, PA 17013 by handing to JOAN E KELLER, MOTHER 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 6.00 Service 00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /jam' day of /,7 A. D. z - (2 Prothonotary' So Answers: q ?!/ f R. Thomas Kline II 09/04/2002 METTE EVANS WOODSIDE By: ty Sherj?ef SHERIFF'S RETURN - REGULAR CASE NO: 2002-04083 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER CLARENCE "BUD" VS KELLER'S USED CARS ET AL HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KELLER JOAN E the DEFENDANT , at 0836:00 HOURS, on the 3rd day of September, 2002 at 9 GASOLINE ALLEY CARLISLE, PA 17013 by handing to JOAN E KELLER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 13`" day of a .G ... 1vnZ A.D. c prothonotary So Answers: R. Thomas Kline 09/04/2002 METTE EVANS WOODSIDE By 7L--4//,j, Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-04083 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER CLARENCE "BUD" VS KELLER'S USED CARS ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon P the DEFENDANT at 0836:00 HOURS, on the 3rd day of September, 2002 at 9 GASOLINE ALLEY CARLISLE, PA 17013 by handing to JOAN E KELLER, WIFE 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 6.00 Service .00 Affidavit Surcharge .00 10.00 .00 16.00 Sworn and Subscribed to before me this 6?- dad, of 1Ga771? A.D. -- Q 07 00 Prothonotary So Answers: .- t R. Thomas Kline 09/04/2002 METTE EVANS WOODSIDE By: Deputy Sheriff F:\FILES\DATAFILE\Travdm.cw\768-pra. I /cny Created: 09/20/02 10:15:24 AM Revised: 09/20/02 11:20:01 AM 3090.768 CLARENCE "BUD" SNYDER, Plaintiff v. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4083 CIVIL TERM : CIVIL ACTION-LAW KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER, and WAYNE P. KELLER, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants Keller's Used Cars and Wayne P. Keller in the above matter and issue a rule upon the Plaintiff to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. Defendants hereby demands a twelve juror jury trial in the above captioned action. MAR By George B. Faller, I.D. No. 49813 Ten East High Str Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Attorneys for Defendants Keller's Used Cars and Wayne P. Keller Dated: September 20, 2002 RULE AND NOW, this a3 day of pkM 2002, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. 1.6d ?. Prothonotary Am% r CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 20, 2002 n 'M Co : CLARENCE "BUD" SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-4083 CIVIL TERM KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER, and WAYNE P. KELLER, JURY TRIAL DEMANDED Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 7171249-3166 METTE, EVANS & WOODSIDE BY: ANDREW H. DOWLING, ESQUIRE Supreme Court ID #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 717/232-5000 312890 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O Si NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717/249-3166 CLARENCE "BUD"SNYDER, Plaintiff V. KELLER'S USED CARS, SCOTT W KELLER, JOAN E. KELLER, and WAYNE P. KELLER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4083 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, CLARENCE "BUD" SNYDER, by and through his attorneys, METTE, EVANS & WOODSIDE, and files this Complaint and in support thereof, avers as follows: 1. Clarence "Bud" Snyder is an adult individual residing at 2940 Lewisberry Road, York Haven, PA 17370. 2. Defendant Keller's Used Cars is a business operating within the Commonwealth of Pennsylvania with its principal place of business at 13 Gasoline Alley and 9 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendants Wayne P. Keller and Joan E. Keller are adult individuals residing at 99 Wolf Road, Carlisle, PA 17013 and owners of Keller's Used Cars. 4. Defendant Scott W. Keller is an adult individual who resides at 9 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania, 17013. 5. Defendants Keller's Used Cars, Wayne P. Keller and Joan E. Keller do business as a used car/antique car seller. 6. At all times relevant hereto, Defendant, Scott W. Keller, was an employee of Keller's Used Cars and/or Wayne P. Keller and Joan E. Keller, and acting within the scope of his employment. CLARENCE "BUD" SNYDER, Plaintiff v. KELLER's USED CARS, SCOTT W. KELLER, JOAN E. KELLER and WAYNE P. KELLER Defendants 7. The accident hereinafter related took place on or about September 25, 2000 at or near the business office of Defendants, located at 9 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, Plaintiff went to one of the business offices of the Defendants, to discuss the possible purchase of an antique race car. Plaintiff was referred to one of the other business offices of the Defendants concerning the antique race car. 9. At the aforesaid time and place, Plaintiff, a business invitee of the Defendants and while exiting the Defendants' business office, proceeded to descend the stairs leading from Defendants' business office, when he slipped and fell down the wet wooden stairs. 10. As a direct result of the aforesaid accident, Plaintiff sustained serious injuries hereinafter related. 11. The wooden stairs leading to and from the Defendants' business office are the only means of ingress and egress. 12. The Defendants had a duty to maintain the wooden stairs in a safe condition for business invitees. 13. The Defendants had a duty to inspect the stairs to discover dangerous conditions. 14. The Defendants had a duty to provide handrails to assist patrons in properly negotiating the steps. 15. The Defendants had a duty to warn of the dangerous condition on its property. 16. At the aforesaid time and place, the wooden stairs to the Defendant' business office existed in a dangerous and defective condition. 17. The negligence, carelessness and/or recklessness of the Defendants consisted, inter a/ia, of the following: (a) Failing to provide a handrail to assist customers in properly negotiating the steps; (b) Failing to exercise reasonable care to inspect for an/or discover the defect of the wet, slippery wooden stairs; (c) Failing to warn of the dangerous condition of the wet, slippery wooden stairs; and (d) Failing to eliminate the dangerous condition of the wet, slippery wooden stairs by placing a skid resistant substance on the stairs or otherwise correcting their condition 18. As a direct result of the aforesaid negligence, Plaintiff sustained serious injuries hereinafter related: (a) severe lower back pain with spasms; (b) lower back contusion; (c) abrasions and ecchymosis in the right lateral lumbar area; (d) acute ambulatory dysfunction; (e) chronic and ongoing lower back pain; (f) chronic and ongoing bilateral foot pain and numbness 19. As a direct result of the aforesaid negligence, Plaintiff required an in- patient hospital stay for treatment of his lower back contusion. 20. As a direct result of the aforesaid negligence, Plaintiff was required to undergo an MRI of his lumbar spine which revealed a central canal narrowing at 1-4-5 and small left-sided disc protrusion at L5-S1 with bilateral neural foraminal narrowing L5-S1. 21. As a direct result of the aforesaid negligence, Plaintiff was required to undergo both physical therapy and chiropractic treatments. 22. As a direct result of the aforesaid negligence, Plaintiff incurred medical expenses. 23. As a direct result of the aforesaid negligence, Plaintiff sustained lost wages and a reduction of earning capacity. 24. As a direct result of the aforesaid negligence, carelessness and/or recklessness, Plaintiff has and will continue to suffer great pain, suffering, inconvenience and discomfort. WHEREFORE, Plaintiff, CLARENCE "BUD" SNYDER, demands judgment in his favor and against the Defendants in an amount in excess of $35,000 plus costs and interest and other relief that the court deems just. METTE, EVANS & WOODSIDE B y: ANDREW H. DOWLING Supreme Court No. 39692 3401 North Front Street PO Box 5950 Harrisburg, PA 17011-0950 (717) 232-5000 Attorneys for Plaintiff DATED: l U VERIFICATION I, CLARENCE "BUD" SNYDER, hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing Complaint, 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. Section 4904, relating to unsworn falsification to authorities. Clarence "Bud" Snyder- DATED: -7 320057 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, at Harrisburg, Pennsylvania, with first class postage prepaid, addressed as follows: George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Scott W. Keller 9 Gasoline Alley Carlisle, PA 17013 By: DATED: 3 //? /, :3 Joan E. Keller 99 Wolf Road Carlisle, PA 17013 METTE, EVANS & WOODSIDE ANDREW H. DOWLING Supreme Court I.D. No. 39692 3401 North Front Street PO Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff 312890 ?? ?- ?? " -. \": t ?? f.- • .. _ z ' ? ?..... `.i ?' ( .. =t ``? `.J -- ?? i .:> -?: WILLIAM P. DO ATTY. I.D. # 379: DOUGLAS LAW 27 WEST HIGH E P.O.B. 261 CARLISLE, PA 1: TELEPHONE 71i ATTORNEY FOR ESQUIRE OFFICE •243-1790 DEFENDANT, SCOTT W. KELLER CLARENCE "B " SNYDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW KELLER'S USED CARS, NO. 02-4083 C:[VIL TERM SCOTT W. KELL , JOAN E. KELLER and WA P. KELLER JURY TRIAL DEMANDED 1. 2. Denied as stated. The answering defendant, Scott W. Keller, has no inter Est in Keller's Used Cars, and, therefore, is only answering on his own behalf. It is admitted that Keeller's Used Cars has a principal place of business at 13 Gasoline Alley. 3. Not a dressed to answering defendant. 4. Denied. Scott W. Keller resides at 9 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania. 5. Not addressed to answering defendant. 6. Denie . At no time relevant hereto was Scott W. Keller an empl ee of Keller's Used Cars, and, therefore, was not acting wiflM the scope of his employment. CLARENCE "BUD" SNYDER, Plaintiff V. KELLER'S USED CARS, SCOTT W. KELLER, JO E. KELLER and WAYNE P. KELLER, Defendants 7. De ied as stated. The answering defendant was not engaged in any business at 13 Gasoline Alley. However, it is admitted that the pla' tiff fell down the steps of the residence of Scott W. Keller at 9 Gas line Alley. 8. De def 'ed as stated. It is the understanding of the answering dant that the plaintiff inquired of the answering defendant's mot] ter concerning a quarter midget racer, which was located in the fron yard of Wayne and Joan Keller at 99 Wolfs Bridge Road and Joan , Keller told the plaintiff that her son was the person selling the qua er midget racer. However, this was not a business of Scott W Kelle . r. It was just Scott W. Keller selling a vehicle that was pure ased and used by him back in the 1970s. 9. Den' d as stated. The plaintiff was not a business invitee of the ans ering defendant, Scott W. Keller. Be was at the residence of Scott W. Keller, who was not in the business of buying and selling vehi les. It is admitted that the plaintiff fell down the steps. 10. Denie d pursuant to Pa. R.C.P. 1029(e). 11. Deni d as stated. The wooden stairs in question are the means of ingre is and egress to the mobile home, which is the residence of the answ ring defendant, Scott W. Keller. 12.-1 5. Deni d as legal conclusions to which no response is necessa and ry, rsuant to Pa. R.C.P. 1029(e). 16. Deni as stated. The wooden stairs in question, leading to the front oor of the answering defendant's :residence, were in good repair at the time of the plaintiff's fall. 17. Denie pursuant to Pa. R.C.P. 1029(e). 18.-24. Denie . After reasonable investigation, the answering defendant is unable to confirm the truth of the averment and roof there f i ao, p o s A-A WHEREF?RE, it is prayed that the Complaint of the plaintiff be dismissed. DOUGLAS LAW OFFICE William P. Douglas 27 West High Street P.O. Box 261 Carlisle, PA 17013 717-243--1790 Attorney for Defendant, _ Scott W. Keller Dated: September 22, 2003 COMMONWEA TH OF PENNSYLVANIA ) COUNTY OF C BERLAND SS. VERIFICATION I verify tha the statements made in the foregoing document are true and correct, to the bes of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unswor -t falsification to authorities. e Scott W. Keller C -W ? O ? ? i Z ?! ?jj ? ,.^ N -O? :.? , . ?D `cam' ?- ' a ,_Y-?i ?C N Cj•" 7 S ??,. ? ? F.\FILES\DATAFILE\T.1v9090\Curre 1\968.ens I I.i Crewr 3/28/03 4 1803 PM Revised: 224/04 9.28:59 AM 3090]68 CLARENCE"BUD"SNYDER, Plaintiff V. KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER, and WAYNE P. KELLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4083 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ANSWER OF DEFENDANTS WAYNE P KELLE JOAN E KELLER AND KELLER'S USED CARS TO PLAINTIFF'S COMPLAINT TO: CLARENCE "BUD" SNYDER, Plaintiff, and his attorney, ANDREW H. DOWLING, ESQUIRE After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to truth or falsity of the averments contained in this paragraph. 2. Admitted in part. Defendant Keller's Used Cars is a business operating within the Commonwealth of Pennsylvania. It is further admitted that its principal and only place of business is 13 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania. It is denied that Keller's place of business is located at 9 Gasoline Alley. To the contrary, 9 Gasoline Alley is the residence of Defendant Scott W. Keller as alleged in Paragraph 4 of Plaintiffs Complaint. Admitted in part and denied in part. It is admitted that Defendants Wayne P. Keller and Joan Keller are adult individuals that reside at 99 Wolf Road, Carlisle, Pennsylvania. Keller's Used Cars is a "sole proprietorship" owned by Wayne P. Keller, and Joan Keller, as his spouse, would qualify as an "owner" of the business. 4. Admitted. 5. Admitted. 6. Denied. To the contrary, Defendant Scott W. Keller was not an employee ofKeller's Used Cars and/or Wayne P. or Joan E. Keller. CLARENCE "BUD" SNYDER, Plaintiff v KELLEWS USED CARS SCOTT W KELLER. JOAN E. KELLER AND WAYNE P. KELLE , Defendants Denied. To the contrary, the business offices of Defendant are not located at 9 Gasoline Alley, Carlisle, Pennsylvania. To the contrary, the business office of Keller's Used Cars is located at 13 Gasoline Alley, Cumberland County, Pennsylvania. The remaining averments of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 8. Denied. To the contrary, on September 25, 2000, Plaintiff went to the home of Wayne and Joan Keller located at 99 Wolf Road, Carlisle inquiring about a vehicle that Scott Keller had chained to a pole near the road with a "For Sale" sign on it. Joan Keller directed the Plaintiff to Scott Keller's home located at 9 Gasoline Alley. 9. Denied. To the contrary, Plaintiff went to Scott Keller's home at 9 Gasoline Alley and at no time was a business invitee of the Defendant Wayne P. Keller, Joan Keller or Keller's Used Cars. The remaining averments of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 10. Denied pursuant to Pa. R.C.P. 1029(e). 11. Denied. To the contrary, the wooden stairs on which Plaintiff allegedly fell were not the business office of Defendant Wayne Keller, Joan Keller or Keller's Used Cars. 12. Denied. To the contrary, the Answering Defendants had no duty to maintain the wooden stairs in a safe condition for business invitees as they were not part of the Defendant's business, but were the steps leading into Scott Keller's home. 13-16. Denied. To the contrary, see the Answer to Paragraph 12. 17-24. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants Wayne Keller, Joan Keller and Keller's Used Cars demand Judgment in their favor and dismissal of Plaintiff s Complaint with prejudice. MARTSO E O F WILLIAMS & OTTO By George B. Faller, Jr. I. D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 24, 2004 Attorneys for Defendants Wayne P. Keller, Joan Keller And Keller's Used Cars VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Wayne P. Keller F \FILES\DATAFILE\T.led 113090\Cv tm 768..1 VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalti Jo66 E. Keller F\PILES\ ATAFILE\Travders9090\Cmren1\768.ensl CERTIFICATE OF SERVICE I, Marti lben, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer of Wayne P. Keller, Joan E. Keller and Keller's Used Cars to Plaintiffs Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17011-0950 William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street P.O. Box 261 Carlisle, PA 17013 MARTSON DEARDORFFFWILLIAMS & OTTO BY? ???<2(X Marti Then Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 24, 2004 ?-, ' rJ CJ ( - °? (1 - x- ?'1 -{ ij ? N - j ?j ?.? ?? ' """7 _??, C.J _- `-?? z N ?:'J C.:Y ` CLARENCE "BUD" SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA NO, 02 cnm 4083 V. ' KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER, and WAYNE P. KELLER, Defendants. RULE 131:2-1. The Petition for Appointment of Arbitrators shalt be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George B. Faller, Jr.,. Esquire counsel for thel MMIdefendant in the above action (or actions), respectfully represents that: i . The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ not in excess of $25,000 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise di4qualified to sit as arbitrators: Andrew H. Dowling, Esquire, 3401 North Front Street, Harris rg,pA 17011 William P. Douglas, Esquire, 27 West High Street, Carlisle, PA 1/013 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respect" submi Geor 1 , Jr., ire ORDER OF COURT I. • Number 49813 AND NOW. 19 , in consideration of the foregoing petition, Esq., Esq.. and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, P.J. FT-- Q o -n M j -VM O PIJ ly V CLARENCE "BUD" SNYDER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTX, PENNSYLVANIA NO. 02 CIt/IL 4083 V. KELLER`S USED CARS, SCOTT W. KELLER, JOAN E. KELLER, and WAYNE P. KELLER, Defendants. MULE 1312-1, The Petition for Appointment of Arbitrators shalt be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George B. Faller, Jr-,. Esquire , counsel for theme f/defendant in the above action (or actions), respectfully represents that: I . The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ not in excess of .$25,000 The counterclaim of the defendant in the action is N /A The following attorneys are interested in the case(s) as counsel or are otherwise di3qualified to sit as arbitrators: Andrew H. Dowling, Esquire, 3401 North Front Street, Harris rg,PA 17011 William P. Douglas, Esquire, 27 West High Street, Carlisle, PA 1/013 WMREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respect' submi Geor l Jr., ire ORDER OF COURT I' Number 49813 f q Now' d , in consideration of the -egoing pet' 'on, - Esq., C.Gdu I., and . . are appointed arbitrators n the above captioned action (or ions) as p ed for. By the Cou P.J. ti r L rte' s 6-3 o ? C-M C? }7 CLARENCE "BUD" SNYDER :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 02-4083 CIVIL_ TERM KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER, and WAYNE P. KELLER IN RE: ARBITRATION PANEL ORDER OF COURT AND NOW, January 31, 2005, the Court having been informed that Elizabeth Goldstein, Esquire, is unavailable for the above-captioned arbitration hearing, Michael Travis, Esquire, is appointed in her stead. By the Court, /wjok? Ge rg ff r, P.J. ./ri/enry Coyne, Esquire Chairman of the Arbitration Panel ,-dourt Administrator 1-10 : i !," CLARENCE "BUD" SNYDER, PLAINTIFF V. KELLER' S USED CARS, SCOTT W. KELLER, JOAN E. KELLER AND WAYNE P. KELLER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND (AUNTY, PENNSYLVANIA No. 02-4083 CIVIL CIVIL DIVISION - LAW JURY TRIAL DEMANDED MOTION OF PLAINTIFF TO REMOVE CASE FROM COMMON LAW ARBITRATION AND Now, comes Plaintiff, Clarence "Bud" Snyder, by his attorneys, Mette, Evans & Woodside, and files this Motion based on the following: In the above-captioned case, Plaintiff filed a Complaint on March 12, 2003, at which time a jury trial was requested. Complaint attached as Exhibit "A." On January 5, 2005, George B. Faller, Jr., Esquire, representing Defendants Wayne P. Keller, Joan E. Keller and Keller's Used Cars filed a Petition for Appointment of Arbitrator. Attorney Faller filed this unilaterally without obtaining the agreement of Plaintiff. Petition attached as Exhibit "B." 3. Defendant Scott W. Keller is represented by William P. Douglas, Esquire. 4. Plaintiff attempted to accommodate Attorneys Faller and Douglas on behalf of their clients, suggesting that the common law arbitration go forward with the understanding that no parties would appeal from the Decision of the Arbitrators. 5. This attempted accommodation was not accepted by Attorneys Faller or Douglas. 6. Plaintiff seeks only one trial in this matter and, therefore, requests that the matter be stricken from common law arbitration so it can be tried to a jury. Pursuant to Attorney Faller's unilateral Petition, an arbitration panel was formed and hearing scheduled for September 20, 2005. Notice of Hearing attached as Exhibit "C." Plaintiff attempted to contact Attorneys Faller and Douglas to seek their concurrence/non-concurrence and have not been able to reach them prior to the filing of this Motion. WHEREFORE, Plaintiff requests that this matter be stricken from common law arbitration. By: Date: September 16, 2005 Respectfully submitted, METTE, EVANS & WOODSIDE Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 3401 North Front Street P. 0. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff, Clarence "Bud" Snyder -2- `n ?E?.v.aE 4?i x?,?ji? CLARENCE "BUD" SNYDER, IN'THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-4083 CIVIL TERM KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER, and WAYNE P. KELLER, JURY TRIAL DEMANDED Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 n 7171249-3166 METTE, EVANS & WOODSIDE BY: --? z r ANDREW H. DOWLING, ESQUIRE Supreme Court ID #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 717/232-5000 312890 NOT'l-CiA - LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes„ usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o an persona o por abogado y archivar an la corte an forma escrita sus defenses o sus objeciones a las demandas an contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Listed puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCLIENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 7171249-3166 CLARENCE "BUD"SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 02-4083 CIVIL TERM KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER, and WAYNE P. KELLER, JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW, comes the Plaintiff, CLARENCE "BUD" SNYDER, by and through his attorneys, METTE, EVANS & WOODSIDE, and files this Complaint and in support thereof, avers as follows: 1. Clarence "Bud" Snyder is an adult individual residing at 2940 Lewisberry Road, York Haven, PA 17370. 2. Defendant Keller's Used Cars is a business operating within the Commonwealth of Pennsylvania with its principal place of business at 13 Gasoline Alley and 9 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendants Wayne P. Keller and Joan E. Keller are adult individuals residing at 99 Wolf Road, Carlisle, PA 17013 and owners of Keller's Used Cars. 4. Defendant Scott W. Keller is an adult individual who resides at 9 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania, 17013. 5. Defendants Keller's Used Cars, Wayne P. Keller and Joan E. Keller do business as a used car/antique car seller. 6. At all times relevant hereto, Defendant, Scott W. Keller, was an employee of Keller's Used Cars and/or Wayne P. Keller and Joan E. Keller, and acting within the scope of his employment. CLARENCE "BUD" SNYDER, Plaintiff V. KELLER's USED CARS, SCOTT W. KELLER, JOAN E. KELLER and WAYNE P. KELLER. Defendants 7. The accident hereinafter related took place on or about September 25, 2000 at or near the business office of Defendants, located at 9 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, Plaintiff went to one of the business offices of the Defendants, to discuss the possible purchase of an antique race car. Plaintiff was referred to one of the other business offices of the Defendants concerning the antique race car. 9. At the aforesaid time and place, Plaintiff, a business invitee of the Defendants and while exiting the Defendants' business office, proceeded to descend the stairs leading from Defendants' business office, when hie slipped and fell down the wet wooden stairs. 10. As a direct result of the aforesaid accident, Plaintiff sustained serious injuries hereinafter related. 11. The wooden stairs leading to and from the Defendants' business office are the only means of ingress and egress. 12. The Defendants had a duty to maintain the wooden stairs in a safe condition for business invitees. 13. The Defendants had a duty to inspect the stairs to discover dangerous conditions. 14. The Defendants had a duty to provide handrails to assist patrons in properly negotiating the steps. 15. The Defendants had a duty to warn of the dangerous condition on its property. 16. At the aforesaid time and place, the wooden stairs to the Defendant' business office existed in a dangerous and defective condition. 17. The negligence, carelessness.and/or recklessness of the Defendants consisted, inter alia, of the following: (a) Failing to provide a handrail to assist customers in properly negotiating the steps; (b) Failing to exercise reasonable care to inspect for an/or discover the defect of the wet, slippery wooden stairs; (c) Failing to warn of the dangerous condition of the wet, slippery wooden stairs; and (d) Failing to eliminate the dangerous condition of the wet, slippery wooden stairs by placing a skid resistant substance on the stairs or otherwise correcting their condition 18. As a direct result of the aforesaid negligence, Plaintiff sustained serious injuries hereinafter related: (a) severe lower back pain with spasms; (b) lower back contusion; (c) abrasions and ecchymosis in the right lateral lumbar area; (d) acute ambulatory dysfunction; (e) chronic and ongoing lower back pain; (f) chronic and ongoing bilateral foot pain and numbness 19. As a direct result of the aforesaid negligence, Plaintiff required an in- patient hospital stay for treatment of his lower back contusion. 20. As a direct result of the aforesaid negligence, Plaintiff was required to undergo an MRI of his lumbar spine which revealed a central canal narrowing at L4-5 and small left-sided disc protrusion at L5-S1 with bilateral neural foraminal narrowing L5-S1. 21. As a direct result of the aforesaid negligence, Plaintiff was required to undergo both physical therapy and chiropractic treatments. 22. As a direct result of the aforesaid negligence, Plaintiff incurred medical expenses. 23. As a direct result of the aforesaid negligence, Plaintiff sustained lost wages and a reduction of earning capacity. 24. As a direct result of the aforesaid negligence, carelessness and/or recklessness, Plaintiff has and will continue to suffer great pain, suffering, inconvenience and discomfort. WHEREFORE, Plaintiff, CLARENCE "BUD" SNYDER, demands judgment in his favor and against the Defendants in an amount in excess of $35,000 plus costs and interest and other relief that the court deems just. METTE, EVANS & WOODSIDE By: ANDREW H. DOWLING Supreme Court . No. 39692 3401 North Front Street PO Box 5950 Harrisburg, PA 17011-0950 (717) 232-5000 Attorneys for Plaintiff DATED: ,3 /1,1 U3 VERIFICATION I, CLARENCE "BUD" SNYDER, hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing Complaint, 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. Section 4904, relating to unswom falsification to authorities. i Clarence "Bud" Snyder%',, .0, DATED: 320057 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, at Harrisburg, Pennsylvania, with first class postage prepaid, addressed as follows: George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Scott W. Keller 9 Gasoline Alley Carlisle, PA 17013 By: DATED: 3 //? /, 3 Joan E. Keller 99 Wolf Road Carlisle, PA 17013 METTE, EVANS & WOODSIDE ANDREW H. DOWLING Supreme Court I.D. No. 39692 3401 North Front Street PO Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff 312890 CLARENCE' "BUD" SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA V NO, 02 clviL 4083 a KELLER'S USED CARS, SCOTT W. KELLER, c? JOAN E. KELLER, and WAYNE P. KELLER, Defendants. .'? r i I 1 Q G.T: O Q 1;. W Crn r' < RULE 1312-1. The. Petition for Appointment of Arbitrators shall be substantially in the following form`° PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: _ George B. Faller, jr., Esquire counsel for thelWtY /defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ not in excess of $25,000 The counterclaim of the defendant in the action is N JA The following attorneys are interested in the case(s) as counsel or are otherwise di qqualified to sit as arbitrators; Andrew H. Dowling, Esquire, 3401 North Front Street, Harri:obhrg,PA 17011 William P. Douglas, Esquire, 27 West High Street, Carlisle, PA I/U1J - -- Vn EREPORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. RespectyN submi C ? Geooq 1 Jr., ire ORDER OP' COURT 1. Number 49813 AND NOW, foregoing petition, _,_, Esq., and actions) as prayed for. 19-, in consideration of the Esq., Esq.. are appointed arbitrators in the above captioned action (or By the Court, P.1. ALL ATATE LEGAL 911.1111- Ell' FELI':Lll J J L 1 8 2005 CLARENCE `BUD" SNYDER Plaintiff V. KELLER'S USED CARS, SCOTT W KELLER, JOAN E. KELLER, AND WAYNE P. KELLER, Defendants : IP4 THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4083 CIVIL : CIVIL. DIVISION - LAW NOTICE OF HEARING TO: Andrew H. Dowling, Esquire 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Plaintiff George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17103 Attorney for Defendants Wayne P. Keller, Joan E. Keller and Keller's Used Cars William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 Attorney for Defendant Scott W. Keller Michael S. Travis, Esquire 3904 Trindle Road Camp Hill, PA 17011 Member, Board of Arbitrators Joanne Harrison Clough, Esquire 24 North 32nd Street Camp Hill, PA 17011 Member, Board of Arbitrators And now this 14th day of July, 2005, you are hereby notified that the Arbitrators appointed in the above captioned matter will hold a hearing for the purpose of their appointment as follows: Date: Tuesday, September 20, 2005 Time: 9:00 o'clock a.m. Place: Law Office of Coyne & Coyne, P.C. 3901 Market Street, Camp Hill, PA 17011 Counsel shall immediately notify all arbitrators if settlement is reached prior to the hearing. This Hearing shall not be continued unless specific relief is granted by the President Judge of this Court. Parties wishing to argue legal points will be expected to have copies of relevant materials for each arbitrator and opposing counsel at the commencement of the hearing. F R TiE COIjQ T• Henry F. Coyvf, squire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 Chair, Board of Arbitrators cc: Court Administrator Prothonotary Bulletin Board CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: George B. Faller, Jr., Esquire William P. Douglas, Esquire Martson, Deardorff, Williams & Otto Douglas, Douglas & Douglas 10 E. High Street 27 W. High Street Carlisle, PA 17103 Carlisle, PA 17013 Michael S. Travis, Esquire Joanne Harrison Cough, Esquire 3904 Trindle Road 24 N. 32nd Street Camp Hill, PA 17011 Camp Hill, PA 17011 Henry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 METTE, EVANS & WOODSIDE BY: ANDREW H. DOWLING, ESQUIRE 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Supreme Court I. D. No. 39692 Attorneys for Plaintiff, Clarence "Bud" Snyder Dated: September 16, 2005 432895YI vs 7,j Sf ro Q- "? cre RECEIVED SEP 19 2005 CLARENCE "BUD" SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 02-4083 CIVIL KELLER'S USED CARS, CIVIL DIVISION -LAW SCOTT W. KELLER, JOAN E. KELLER AND WAYNE P. KELLER, DEFENDANTS JURY TRIAL DEMANDED ORDER AND NOW, this / 9 r day of September, 2005, upon consideration of the Motion of Plaintiff to strike the case from the common law arbitration, it is hereby ordered and decreed that the case is stricken. Distr?b ion: eorge B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 E. High Street Carlisle, PA 17103 ichael S. Travis, Esquire 3904 Trindle Road Camp Hill, PA 17011 01enry F. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 BY THE COURT: ? J. illiam P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street Carlisle, PA 17013 e Harrison Cough, Esquire 24 N. 32nd Street Camp Hill, PA 17011 drew H. Dowling, Esquire Mette, Evans & Woodside 3401 N. Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 $? 09 -0-? .p5 A LO ?1 {yy}} LLI 4 i VJ lL O 3 N CLARENCE "BUD" SNYDER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : 02-4083 CIVIL TERM KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER and WAYNE P. KELLER IN RE: ARBITRATION ORDER OF COURT AND NOW, October 12, 2005, the Court having been informed that the above-captioned case has been stricken from arbitration, the panel of arbitrators previously appointed is vacated, and Henry F. Coyne, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, 7e E. Hoffer, P.J. Henry F. Coyne, Esquire Coyne & Coyne, PC 3901 Market Street Camp Hill, PA 17011 "7 Chairman of the Arbitration Panel Court Administrator -JO F\FILES\DATAFILE\Travelevs3090\Curtent\968\m jI/ajt Created 9/20/04 0 WM Reused- 4/25/06 11.15AM 3090 ]68 George B. Faller, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Wayne P. Keller, Joan E. Keller and Keller's Used Cars CLARENCE"BUD"SNYDER, Plaintiff V. KELLER'S USED CARS, SCOTT W KELLER, JOAN E. KELLER, and WAYNE P. KELLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4083 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED DEFENDANTS WAYNE P. KELLER JOAN E KELLER AND KELLER'S USED CARS MOTION FOR SUMMARY JUDGMENT Defendants Wayne P. Keller, Joan E. Keller and Keller's Used Cars, by their undersigned counsel, respectfully move this Court, pursuant to PA. R.C.P. No. 1035.1 et seq., for the entry of Summary Judgment in favor ofDefendants for the reliefrequested in Plaintiff's Complaint on the grounds that: On March 12, 2003, Plaintiff Clarence "Bud" Snyder ("Plaintiff ? filed a Complaint against Keller's Used Cars, Scott W. Keller, Joan E. Keller, and Wayne P. Keller. Keller's Used Cars, Joan E. Keller, and Wayne P. Keller ("Moving Defendants") are herein represented by the same counsel. 2. The Complaint alleges that on or about September 25, 2000, Plaintiff slipped and fell on stairs at Defendant's business office at 9 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania. Nine Gasoline Alley is the personal home of Scott W. Keller and is not a business office owned or operated by Moving Defendants. 4. On November 14, 2005, Plaintiff s attorney took the deposition of Defendant Scott W. Keller. Defendant Scott Keller admitted that he owns and uses the mobile home located at 9 Gasoline Alley, Carlisle as his private residence. See Scott Keller's deposition. at p. 4. 6. The undisputed factual record in this case demonstrates that Plaintiffwentto thepersonal home of Defendant Scott Keller, not to Moving Defendants' business office. 7. Plaintiff has failed to produce any evidence: 1) that Moving Defendants possessed or controlled the mobile home; 2) that Moving Defendants operated the mobile home as an office; 3) that Moving Defendants possessed or controlled the wooden stairs at the mobile home; 4) that Moving Defendants had any actual or constructive notice ofthe nonexistent dangerous condition ofthe wooden stairs; 5) that Moving Defendants had any duty to maintain the wooden stairs in a safe condition for business invitees; or 6) that Moving Defendants breached any duty owed to Plaintiff. 8. Because Plaintiffisunabletoproduce anysuchevidence, itfollows that as a matterof law, Plaintiff cannot make out any of the prima facie elements of his negligence claim. 9. Thepleadings areclosed and time exists within which to dispose ofthis Motion without delaying trial. 10. The pleadings, depositions, and admissions show that there are no genuine issues of material fact to be tried. WHEREFORE, Defendants Wayne P. Keller, Joan E. Keller, and Keller's Used Cars, respectfully request this Court to grant their Motion for Summ ary Judgm ent and to dismiss Plaintiff s Complaint, with prejudice. Respectfully Submitted, MAR By George B. Faller, Jr. I. D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Wayne P. Keller, Joan Keller And Keller's Used Cars & OTTO Date: April 25, 2006 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copyofthe foregoing Motion for Summary Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17011-0950 William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street P.O. Box 261 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By `UN ?r Ami J. Thui ma Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 25, 2006 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) CLARENCE "BUD" SNYDER (Plaintiff) VS. KELLER'S USED CARS, SCOTT W. KELLER JOAN E. KELLER, and WAYNE P. KELLER, (Defendant) No. 02-4083 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants Keller's Used Cars Joan E Keller and Wayne P_. Keller s Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: Andrew H Dowling Esquire (Name and Address) 3401 North Front Street, P.O. Box5950 Harrisburg PA 17110 (b) for defendant: (a) Keller's Used Cars, Joan E. Keller and Wayne P. Keller George B Faller Jr' Esquire (Name and Address) 10 East High Street Carlisle PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: r_?oll Joan 'E Keller and Wayne P Keller Date Attomey for 2. (c) for defendant Scott W. Keller William P. Douglas 27 West High Street P.O. Box 261 Carlisle, PA 17013 Defendants Keller's Used Cars, G-] 4? G "? L 'f7 ? .. -? i l\r M W ^?': _ ?? 1-' J j ? ` F:\FILESWATAFE.E\Trnelera3090\Cu t\768\pralM Crcm : 9/20/u 0:06pM Revco i 6/006 11:37AM 3090,769 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Wayne P. Keller, Joan E. Keller and Keller's Used Cars CLARENCE"BUD"SNYDER, Plaintiff V. KELLER'S USED CARS, SCOTT W KELLER, JOAN E. KELLER, and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4083 CIVIL ACTION-LAW WAYNE P. KELLER, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are hereby notified to make the attached depositions of Clarence H. Snyder, Jr., Scott W. Keller, Wayne P. Keller, and Joan E. Keller as part of the record. MARTSON DEARDORFF WILLIAMS & OTTO By George B. Faller, Jr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 30, 2006 Attorneys for Defendants Wayne P. Keller, Joan E. Keller and Keller's Used Cars r, ? L? ii `- `-1 7-? ?'r': _..,-. .. i .) G> : ? . : CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Manson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17011-0950 William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street P.O. Box 261 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By: `1 V G? Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 30, 2006 E 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 MINUSCRIPT 1 CLARENCE "BUD" SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4083 KELLER'S USED CARS, SCOTT CIVIL ACTION - LAW W. KELLER, JOAN E. KELLER,: and WAYNE P. KELLER, Defendants. JURY TRIAL OF TWELVE DEMANDED DEPOSITION OF: CLARENCE H. SNYDER, JR. TAKEN BY: Defendants Keller's Used Cars, Joan Keller and Wayne Keller BEFORE: Tammy L. Bock, Court Reporter, Notary Public DATE: November 14, 2005, 2:57 p.m. PLACE: Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, Pennsylvania APPEARANCES: METTE, EVANS & WOODSIDE BY: ANDREW H. DOWLING, ESQUIRE FOR - PLAINTIFF MARTSON, DEARDORFF, WILLIAMS & OTTO BY: DAVID A. FITZSIMONS, ESQUIRE FOR - DEFENDANTS KELLER'S USED CARS, JOAN E. KELLER and WAYNE P. KELLER teporting Services • 717-258-3657 • 717-258-0383 fax courtreporters4u @aoZ com 0 • 1 C ARENCE "BUD" SNYDER, IN THE COURT OF OS'h6A1 PLEAS OF 1 1 RIDC 10 '1ESTn4o H 2 Plaintiff, CUMBERLAND IXR9417, PENNNSYLUANLA 2 2 DEPONENT EXAMINATION PAGE V. NO. 02-4083 3 3 Clarence H. Snyder, Jr. By Mr. Fitzsimons 3 KELLER'S USED CARS, SCOTT CIVIL ACTION - LAW 4 W. KELLER, JOAN E. KELLER,: 4 By Mr. Dowling -- and WAYNE P. KELLER, 5 Defendants. JURY TRIAL OF TWELVE DEMANDED 5 6 6 7 7 8 8 9 DEPOSITION OF: CIATOM IN SiYUFy M. 9 10 TAKEN BY: Defendants Keller's Used Cars, 10 Joan Keller and Wayne Keller 11 11 IELD[ 10 pp[®115 BEFORE: Tammy Bock, 12 Court Reporter, Notary Public 12 NO. DESCRIPTION PPl£ I3 DATE: November 14, 2005, 2:57 p.m. 13 (None.) 14 PLACE: Manson, Deardorff, Williams 6 Otto 14 Ten East High Street 15 Carlisle, Pennsylvania 15 16 16 17 17 18 APPEARANCES: 18 19 METTE, E S 6 WOODSIDE 19 BY: ANDREW H. DOWLING, ESQUIRE 20 FOR - PLAINTIFF 20 21 MARTSS4, DEARDORFF, WILLIAMS & 0170 21 BY: DAVID A. FiTZSIM NS, ESQUIRE 22 FOR - DEFENDANTS TELLER'S USED CARS, JOAN 22 E. KELLER and WAYNE P. KELLER 23 23 24 24 25 25 1 STIPULATION 1 MR. COWLING: Objection. 4 2 It is hereby stipulated by and between counsel 2 BY MR. FITZSIMONS: 3 for the respective parties that reading, signing, sealing, 3 Q Mr. Scott Ke Ller's represented by Bill Douglas. 4 certification add filing are hereby waived and that all 4 Mr. Douglas isn't here. He was here for Scott's 5 objections except as to the form of the question are 5 deposition, but I'll just be asking you questions, and 6 reserved to the time of trial. 6 perhaps Mr. Posting will have some after these. Have you 7 7 ever been deposed before? 8 CIAFM= H. SMR, M., called as a witness, 8 (Witness shook head.) 9 being duly swore, was examined and testified as follows: 9 I've got some instructions for you. The first 10 10 of those instructions are all your answers moist be a yes or 11 EXMdDVaMX 11 a no or some other type of verbal response so that the 12 BY MR. FITZSIMNS: 12 murt reporter can get down everything that you're saying. 13 Q Cimd afternoon, Mr. Snyder. My name is David 13 Okay? 14 Fitskimns. I'm an attorney representing Keller's Used 14 A Okay. 15 Cars and J. and Wayne F. Keller. We do not represent 15 Q You're under oath. Do you understand the 16 Scott Keller, the gentleman on whose steps you suffered 16 importance of being under oath arcs that we're asking for 17 your fall. I'm here to ask you questions in this 17 truthful answers from you? 18 deposition. Mr. Keller is represented by -- 18 A I do. 19 MR. ?ING: Objection to form of that 19 Q Sorry to be insulting kind of with that. 20 introduction. That's an issue. 20 A That's fine. 21 BY MR. FITZSIMUNS: 21 Q That's Dart of the basics. If I ask you a 22 Q Mr. Keller, Mr. Scott Keller -- 22 question that you don't know the answer to, I don't know is 23 MR. CQ =: Steps is an issue. 23 a fair response. Is that fair enough? 24 MR. FITZSIMONS: Mr. Scott Keller -- well, they 24 A That's fair. 25 were Scott's steps. 25 Q If I ask you smethinq where you have to guess, E • 1 I'd rather you didn't guess. Okay? 1 A 6 Ibuprofen. 2 A Okay. 2 Q Okay. Would you give your full name for the 3 Q If you have to estimate or hazard some sort of 3 record, please? 4 guess, announce it before you do, and S dmw and I will 4 A Clarence Harry Snyder, Sr. 5 decide whether we want to hear your guess. All right? 5 Q And your date of birth? 6 A Okay. 6 A 11/20/56. 7 MR. DOWLING: Off the record. 7 Q How, are you employed, sir? B (Off the record.) 8 A I'm a shop foreman for YUmer Buick. 9 BY MR. FITZSDUNS: 9 Q And where's Turner Buick? 10 Q If you need a break at any time, and I really do 10 A Harrisburg, enusylvania. 11 expect to only be about an hour, hour and 10 minutes - 11 Q As a shop £crmian, what do you do? 12 A That's fine. 12 A Collision repair, do the estimates, oversee the 13 Q - but if you need a break, please feel free to 13 work production. 14 ask for ame. If I can get you another drink of water or 14 Q So that's a body shop? 15 something, let us know. Okay? Listen to all my questions. 15 A Yes. 16 If it's unclear, tell me it's unclear. If you answer a 16 Q How long have you worked there? 17 question, I'm going to assume you understood the question. 17 A A little over a year now. 18 Is that all right? 18 Q Before there, where did you work? 19 A That's fine. 19 A Central Been Sales. 20 Q Are you taking any medications that might cause 20 Q And how long did you work at Central Penn Sales? 21 you to have difficulty understanding and answering my 21 A Apprcxinmately ten years. 22 questions clearly? 22 Q And what did you rb there? 23 A No, I am not. 23 A I was a damage appraiser and a cause and origin 24 Q You're not on any painkillers or anything right 24 investigator. 25 now? 25 Q So what is Central Been Sales? 1 A ICs now been sold. It was sold last Friday. 1 A 1978. 8 2 Q I'm sorry. What was it? 2 Q And what was your degree in, or is your degree 3 A That is where they take the total loss vehicles 3 in, 4 for the insurance cmpanies. 4 A Structural engineering. 5 Q I see. What would Central Penn Sales do with 5 Q Is it a bachelor's degree? 6 those vehicles? 6 A Yes. 7 A There's a lot of different variations what they 7 Q Do you have anything beyond a bachelor's? 8 did there. They basically, they disposed of them for the B A No. 9 insurance companies. They put them up for auction. 9 Q Where did you go to high school? 10 Q Okay. 10 A Ferretnry. 11 A But they also had other services they did there, 11 Q where's that? 12 like flood vehicles. They cleaned them up so the water 12 A That's where I finished at. That was at 13 didn't sit in than for a long tine. But my job was, I went 13 Fairless Hills, Pennsy1rarda where I finished. 14 out and did the damage appraisals, how much damage was done 14 Q Where? 15 to the cars and the total loss vehicle; and then ofmr 15 A Hairless Hills. 16 that, I did the price evaluations. Arid for some insurance 16 Q Okay. Sorry. Where in PA is that? 17 companies, when they needed an investigator to cane in on 17 A Where? 18 how fast the car was going, the brakes fail, air bags 18 Q Yeah; east, west, north of here? 19 didn't deploy, that was my job. 19 A On, east. 20 Q Okay. Did you go to school for that training, 20 Q What county? 21 or is that all on-the-job training? 21 A That's Bucks. 22 A Went to school for it. 22 Q And you said you finished there. Before there? 23 Q Where did you go to school? 23 A I was out - well, we were originally from a 24 A Hern State. 24 place near AlmOns, East Freedom, Pennsylvania. 25 Q What year did you graduate? 25 0 That's why you don't talk slaw like these 0 _J 9 10 1 central Ferns lvanians around here? Y 1 4 Okay. And was there anything in particular that 2 A I say you'ns too; pop and stuff. 2 brought this car to this ncw-deceased coworker's attention? 3 Q I noticed the pop earlier. I figured you were 3 Was it a particular old or rare or -- 4 from north or west. Now, sir, you've filed a suit against 4 A Well, they're unusual cars. 5 my clients and Scott Keller relating to a fall that we all 5 Q I see. 6 agree happened on or about September 25th of 2000, correct? 6 A They're a little bigger than a go-cart kids 7 A Correct. 7 race. 8 Q And I understand that you came to be in Carlisle 8 Q It's kind of a starter car for kids in the 9 or just outside Carlisle on that date looking at a quarter 9 racing circuit? 10 midget sprint car? 10 A Right, 5- to 15-year-olds. 11 A Yeah, quarter midget racer. 11 Q The only thing I know about them is I'm pretty 12 Q Quarter midget racer. And you immediately )mo» 12 sure Jeff Gordon got one from his stepdad. 13 that I'm not a car person even though I live in Carlisle, 13 A That's where. they got famous. 14 the home of several hundred car shows a week. Hoe did you 14 Q Okay. Se your colleague told you about a 15 tune to this particular location looking for this racer, or 15 quarter midget because I assume he knew you collected them? 16 were you actually looking for one when you cane through 16 A Yes. 17 to.+n? 17 Q So you made a special trip out? 18 A No. One of my coworkers, who has since passed 18 A Yes. 19 away, cure into work, told me that there was this quarter 19 Q Okay. Where were you living at the time? 20 midget sitting up on this road; and it was one -- I collect 20 A Newhdrrytowr.. 21 them. 21 Q Is that where you live .1 22 Q I see. 22 A Yes. 23 A Same people collect pedal cars, Barbie dolls. I 23 Q I'm sorry. Give your nailing address so that we 24 collect quarter midgets. 1 raced them when I was a little 24 have it on the record. 25 boy. 25 A 2940 Iewisberry Road, and that's in York Haven, 1 11 Pennsylvania. That's the nailing address, and the zip code 1 up this way, but I didn't knew, real familiar with it. 2 2 is 17370. 2 Q Oka When you sa you core Okay. yo y y up here for car 3 Q How long have you lived there? 3 shows, is that an annual trip for you or more than once a 4 A I think it's 12 years now. 4 year? 5 Q Are you married? 5 A Nnst of the time, more than once a year, yes. 6 A W. 6 Q Any particular shows that you focus on? 7 Q Do you have Mildren? 7 A Spring, summer, fall, import car. 8 A No. 8 Q Okay. I believe that there is a show where the 9 Q Have you ever been married? 9 cars, if you have an interest in the midget Mrs, they 10 A No. 10 would not necessarily be featured, but you'd expect to see 11 MR. FITZSP MS: Off the record. 11 more of those? 12 (Off the record.) 12 A Not really. 13 BY MR. FITZSINUNS: 13 Q Not really? 14 Q When you cane to Gasoline Alley to see this 14 A No. 15 vehicle, did you make a special trip, or ware you in twm 15 Q Okay. Was Cue the first time that you had dome 16 for other business? 16 to look at this particular car when you had your fall? 17 A No. I made a special trip. 17 A Yes. 18 Q Have you ever been familiar with that area 18 Q All right. Why don't you describe for us, in 19 before? 19 your own words, the route you took, how you cot to 20 A Slightly. 20 Carlisle, I been, generally speaking; did you care in on 81 21 Q There's a junkyard back there? 21 or the turnpike, and then if you ran remember, tell me -- 22 A Yeah, slightly. I mean, I come, up for the car 22 A I don't remember bew I came in. I sometimes 23 shcw . 23 one in by the turnpike, sometimes Mae, up by the Carlisle 24 Q Right. 24 Pike, came dom -- what is this called, the Harrisburg Pike 25 A And I have some associates that have businesses 25 out there? u 13 1 Q Yeah, Carlisle Pike. Form this end, we call it 1 A Turned up the read there -- that's Gasoline 14 2 the Carlisle Pike. At the other end, they call it the 2 Alley there -- parked in the parking lot for the car lot 3 Harrisburg Pike, yeah. 3 there. There's a - Carlisle Auto Salvage is across the 4 A Because I had a friend of mine that had a 4 alley from it. 5 business right there where you get off the turnpike. He's 5 Q Right. Now, when your colleague had told you 6 since said the business to Giant. That was Cars by Settle. 6 that there was a car for sale, did he tell you it was for 7 Q Right. Okay. 7 sale at Settle -- not Fettle; excuse ore -- at Keller's? 8 A Okay? And I came by there, go dawn - 8 A Yeah. 9 Q when you say you came by, did you visit or you 9 Q He told you it was at Keller's? 10 just drove by? 10 A Um-hum. 11 A On the way back after I got hurt. 11 Q Okay. So it's fair to say that you were 12 Q Okay. 12 availing Keller's Used Cars to be selling the vehicle you 13 A Tim, the man that told me how to get to Gasoline 13 were looking for? 14 Alley, you know, told me where to go up, turn and go up, 14 A Yeah. 15 you know, up the mad there at where I would turn. That's 15 Q Oka And _o you Okay. y parked in the lot? 16 how I camp in, just right down the Carlisle Pike. 16 A ih-hum. 17 Q Okay. 17 Q Was there anybody there? 18 A The names of the mods down there, I don't krpw. 18 A It was raining, and there's a -- I can't say a 19 I don't come up this way often. 19 garage. It was areal small garage, but more like a big 20 Q I understand. What were you driving? 20 shed you could put a car in it. There was a couple people 21 A My Suburban. 21 standing in there, a guy and a wife, a guy and a lady. I 22 Q Okay. And you made the turn, and did you pretty 22 don't know if they're married, who knows. 23 quickly see the car that you were interested in? 23 Q Right. Now, you were in our reception area 24 A Yeah. 24 for - I'm sorry to say this -- a couple of tours -- 25 Q And what did you dc? 25 A Right. 1. Q -- while we deposed, while our attorney deposed 15 Y 1 16 4 And who spoke tack to you, the man or the wrman? 2 Scott, Joan and Wayne Keller. Did you recognize any of 2 A Not sure. 3 those three as being one or even two of the people that 3 Q W you recall -- now, you parked in the Keller's 4 were in that garage that day? 4 lot, correct? 5 A None of them. 5 A ?m-hum. 6 Q Okay. Did you speak with those people? 6 Q ? You recall seeing cars there for sale? 7 A That were in the garage that day? 7 A Yeah. 8 Q Right. B Q With, I guess, prices written on then? 9 A Yeah. 9 A Yes. 10 Q And what was the conversation? 10 Q Did you see a salesperson at all? 11 A I asked them about the quarter midget that was 11 A No. 12 out there, and they said I'd have to go - there was a 12 Q Did you go into the Keller's Used Cars, office 13 trailer behind where the lot was -- go back there. 13 at all while you were there? Did you see anybody there? 14 Q Okay. What day of the week was this? To you 14 A No. 15 recall? 15 Q So these people in this garage -- 16 A Yes, I do. Let me think. I think it was a 16 A They were the first I confronted. I mean, when 17 Nnaday. 17 I came, they were there. 18 Q And - 18 Q Right. Understood. And you assured that -- 19 A Because the reason I'm thinking that is because 19 A Yes. 20 that was the auction day down at Central four, but I can't 20 Q - the knew what was they going on or part of the 21 swear to it. That was five, six - 21 operation or something? 22 Q Well, we can always look it up on a calendar and 22 A Yeah. 23 make sure we've got it right. That's okay. So you asked 23 Q what did you ask them? 24 those people about the midget racer? 24 A I was interested in buying that quarter midget 25 A ?m-hum. 25 that was sitting out in the yard there. • • 9 17 18 1 Q Okay. And they sent you back to a trailer? 1 Q Did you recognize him today - 2 A [tight. 2 A Yes. 3 Q Did you ever stop at a house and speak with trhs. 3 Q -- as the person you spoke to? 4 Keller? 4 A Yes. 5 A I don't believe so. I don't raddiber that. 5 Q Okay. 6 Q Okay. Mrs. Keller recalls a gentleman dung to 6 A And said he was going tlwm there with rte, and I her back door and asking about the quarter midget that was 7 when I turned to start to go down the steps, that's when I 8 chained to a telephone pole essentially in her front yard, 8 slipped. 9 and she says she directed that gentleman back to the 9 Q So you slipped? 10 trailer. 10 A Well, fell down the steps. 11 A Un-hum. 11 Q And I ask precisely, what was the sensation you 12 Q Did you ranentner going to sameLVdy's back door 12 had? I dean, we know when We trip over sarething versus 13 and knocking on the doer? 13 slipping. 14 A No, I don't. 14 A Nc, I mean, it just, my feet went right out fran 15 Q Okay. So you got your information from two 15 under me forward. 16 people in that garage? 16 Q Both feet? 17 A Right. 17 A I don't no, about that. All I rersnber is 18 Q And you went back -- did you walk back or drive 18 seeing air in front of me because I was going down. 19 back on the driveway? 19 Q So it was kind of one of these situations where 20 A Ph, I walked. 20 you started dom the steps, and the next thing you knwr 21 Q You walked. Okay. A d tell me what happened 21 you're horizontal? 22 next. 22 A Yep. 23 A Walked up to the trailer there, Went up the 23 Q D.7 you rmxdher Scott saying to you, watch your 24 steps, knocker on the door, said I was interested in 24 step? 25 that -- what was his name? Scott was there. 25 A Pb. 9 20 1 Q You said it was raining when you got out of your 1 A Don't recall. 2 car when talking to people at the garage? 2 Q But obviously you talked about being interest in 3 A Yes. 3 the car? 4 Q Were you wearing a raincoat, an overcoat? 4 A Yes. 5 A I don't recall, probably not. 5 Q Did you ask him what he wanted for it? 6 Q It's September and probably not cold enough that 6 A No, because I remsnher warning to know what it 7 you would have to have a coat on? 7 Was really Worth later on. 8 A Probably not. 8 Q All right. So you fell? 9 Q was it a torrential rain that you had driven 9 A Um-hun. 10 through to get here or a steady rain, or what kind of rain 10 Q Did he help you up? 11 Was it, if you recall? 11 A No, because I thought I broke my leg at first 12 A It Was pretty much a steady rain. 12 because my left leg went up underneath re. 13 Q Had it been raining for nest of the day that you 13 Q I see. 14 recall? 14 A A d I remember pulling myself up on the steps. 15 A I don't .11. 15 Q Do you recall which step you fell on? 16 Q Now, you walked up the stairs. Did you have any 16 A Which one -- 17 trouble when you Walked up then? Did they seen slippery at 17 PR. COWLING: You man the one he slipped on or 18 all? 18 the one he landed on, 19 A I don't recall that. I don't recall. 19 BY MR. FITZSIIq-NS: 20 Q Ed you recall seeing any signs on the steps or 20 Q Good point. Which one you slipped on. 21 at the trailer you were at identifying it as part of 21 A If I ranenber right, the steps, the first one 22 Keller's land Cars? 22 had, like, a gap about that high. 23 A No. 23 Q When you say the first one, the one at the top 24 Q When you knocked on the door and the gentleman 24 or the one -- 25 answered, did you ask him if this Was seller's Used Cars? 25 A The one at the top of the deck. • 0 21 22 1 Q I just want to know where we're counting from. 1 Q Okay. Do you remember saying to Scott, gees, 2 A Yeah, and I think the accord one's where I went 2 I've already got back problems? 3 dam on. 3 A Nc. 4 Q All right. Now, I've certainly, not as many 4 Q And my mother's in the hospital for back 5 perhaps as Mr. Dowling, but I've certainly seen a hunter of 5 problems right now? 6 situations involving falls on steps; and we've all 6 A I knew, my man was in the hospital, and I 7 experienced it ourselves when -- 7 wondered why she was in there. I don't recall what she was 8 A This is the first time I ever fell down steps. 8 in at the hospital for, but back problems, she wasn't in 9 Q A11 right. Well, I won't say I've never fallen 9 the hospital for back problems. She was in for either a 10 on steps. What I want to ask you about is, you know 10 stroke -- she had mild strokes before she passed away, 11 sometimes you're on a step and, for instance, what they 11 whatever you want to call then. 12 call the rise of steps - 12 Q ro you remenber sharing that lord of information 13 A The distance on therm? 13 while you're lying there on the ground after sliding down 14 Q Yeah. If you go up four steps and the fourth 14 the steps? 15 one is an inch and a half higher than the three you just 15 A No. 16 came up, you're in danger of tripping. Conversely, when 16 Q And you said your left leg came up underneath 17 you're inning dam steps, you knwa, your fast expects to 17 you? 18 hit a surface at same point, and instead it's an inch 18 A Up underneath me because I thought I broke it. 19 lower. to you remember any sensation like that, or this 19 Q What gave you the feeling? 20 was strictly a - 20 A Because it was pointed in the wrong direction. 21 A This was a slip. This was -- 21 Q Okay. Was it up underneath you? 22 Q Carr?lete lack of traction? 22 A Up underneath me. 23 A Inss of traction. 23 Q Okay. What angle was your foot at? 24 Q Okay. No traction and - 24 A Oh, I don't know about that. I just know, the 25 A Crane. 25 foot was up under - I mean, the whole leg was up 23 24 1 underneath me. 1 Q Are you quoting him precisely or - 2 Q All right. Did you experience any pain as 2 A Either he slipped or fell on then a couple 3 you're lying there? 3 times. I forget which one it was, but it was -- that was 4 A I don't recall. Stunned. It's like being hit 4 the first thing he said. 5 in the head. 5 Q Okay. All right. And what did you say in 6 Q were you winded? 6 response to that? 7 A I don't know if I was winded. I know' I was 7 A Oh, I don't recall. All I know, ansut that 8 stunned. 8 time, I was trying to get myself up and wondered if my leg 9 Q Okay. What's the first recollection you have 9 broke. 10 after the fall of any interaction or engagement with Scott 10 Q All right. Nov, how, did you -- describe for us 11 Keller? 11 how you got yourself up and yet also checked your leg. 12 A Co you want to repeat that? 12 A Pulled myself up on the steps, grabbed a hold of 13 Q What's the first recollection you have 13 than. 14 after - you know, you're stunned from this fall. You told 14 Q Used your arms? 15 me that he didn't help you up. You remember pulling 15 A Yeah. 16 yourself up on the steps? 16 Q Okay. And went up on your goal leg, the leg 17 A Yep. 17 that you were pretty sure wasn't broken? 18 Q What was the first recollection you have of him 1B A Pulled myself straight up, just grabbed a hold 19 being there, whatever he was doing? 19 and pulled up on the steps. 20 A He said -- there's a lady present. 20 Q All right. But at sane point -- 21 Q Well, she's a court reporter, and she's trained 21 A Then started to see if they moved. 22 to not be shocked. 22 Q Okay. So you didn't pull yourself up and sit on 23 A You're not going to amok me? Them fucking 23 the steps; you pulled yourself to an upright position? 24 steps; I fell on them a couple tines, or I slipped on them 24 A I believe. I don't recall totally though. 25 a couple times. 25 Q All right. There's not a handrail on those • • 25 26 1 steps? 1 ground at the bottom of the steps? 2 A No. 2 A I don't recall. No, that I don't recall. 3 Q So it was the steps themselves? 3 Q Do you recall whether you slid down the steps 4 A Steps thenselms. 4 kind of bouncing? 5 Q So can I assure you were at an angle that kind 5 A No, off the side. 6 of matched the angle of the steps as you pulled yourself 6 Q Okay. 7 up? 7 A My back, right where my belt line is, hit right 8 A I imagine. 8 on the comer of the step because I had a big leather belt 9 Q Were you facing the steps, or did you have your 9 my father made me - (phone ringing). Sorry about that. 10 back to them? 10 Q That's all right. 11 A I don't know. 11 A My dad tooled leather, and I had the tool belt, 12 Q You don't recall? 12 and the turner of it actually cut the leather on that belt. 13 A Lon't recall. 13 Q The comer if w1m h step, the bottom step, the 14 Q So - 14 top step? 15 A Oh, wait a minute. I was -- when I fell -- do 15 A Nc, it was one of the, like, the third one down 16 you mean when I fell? 16 because I broke the step. 17 Q is, hum. 17 Q Okay. Now ao you know you broke the step? 18 A I was facing my truck, and I was looking out at 18 A Because I seen it. 19 the parking lot. 19 Q After you fell? 20 Q So you were on your back -- 20 A im-hum. 21 A Yes. 21 Q Did it look different than when you went out? 22 Q -- essentially with your left leg up underneath 22 A Yes. 23 you? 23 Q To you, was it a -- 24 A Yep. 24 A It was cracked because I r..rbor -- the reason 25 Q Was your head still on the steps or on the 25 I recall that is, like, my Cod, I broke that. 27 28 1 Q I see. 1 Q -- the trailer, itself, is on your right? 2 A And being near 300 pounds, that's not hanl to 2 A The trailer's on my right. 3 break that. 3 Q So you step down and you slip out -- 4 Q So the impact of your fall was taken by your 4 A Right. 5 belt at your lower back? 5 Q -- and you break the step on the left side -- 6 A Right in that spot there, yeah. 6 A Ch the step. 7 Q Okay. And so you hit the -- 7 Q - and you land mainly on the ground? 8 A Corner of the step. 8 A Right. 9 Q -- step, but all in all, you larded on the 9 Q But so that would be your right shoulder would 10 ground, not on the steps themselves? That's a question not 10 be on the step then? 11 a statement the way it sounded. 11 A No, because the steps were more behind me like 12 A Yes, on the ground. 12 this, and I put my arm up here on this side. 13 Q All right. Were you -- you're on the ground. 13 Q All right. What I'm going to do - and this is 14 Are you kind of next to the steps, or are you all the way 14 the thing we do all the titre as lawyers. We ask people 15 out beyond the base of the steps? 15 questions in words, and then we whip out a photograph that 16 A Next to then. 16 might help us understand better what we mean. I'm shaming 17 Q Next to then. Sc, as you look up, the steps are 17 you -- I'm sorry. 18 to your right? 18 I don't have the overall number. This is what 19 A Nc. I actually believe, like, my left side of 19 you handed to ma, Andrew. What exhibit was this in the 20 my shoulder and stuff was actually lying on one of the 20 earlier deposition? 21 steps there. 21 MR. IXM'LIDG: There should be a rnmiber m there. 22 Q Okay. Nom, as I picture the steps, as you were 22 MR. FITZSDIXS: Yeah, but you numbered the 23 standing at the top of the larding right before you stepped 23 ircflvidual pages, but not the overall exhibit. It's S. 24 off -- 24 Keller Nuber 2. 25 A Right. 25 MR. aWLIt3: No, we did them individual. There 0 • 29 30 1 should be a numL2r here. 1 write nuber 1 on there if you want because It's going to 2 MR . FITZSIIIANS: Oh, I'm sorry. That's right. 2 be part of this. 3 He did than all individually. 3 A Okay to write on it? 4 KY MR. FITZSIMDKS: 4 Q Yeah. That's rusher I. All right? 5 Q I'm going to show you what -- 5 MR. IXF]LINC: You're actually -- he's not 6 A because when I went down the steps - 6 marking the exhibit; you're having him mark your copy. 7 MR. DO^1LING: There's not a question pending 7 BY MR. FITZSDIONS: 6 yet. 8 Q I'm sorry. You mark the exhibit, and I'll keep 9 BY MR. FITZSIlAINS: 9 my copy. 10 Q I'm going to show you S. Keller 11. Without a 10 (Witness complies.) 11 question being posed, I'll just ask you to take a look at 11 All right. If that's step number 1, can you 12 that picture first. 12 tell us which step it is you lost your footing on? 13 A Okay. 13 A It would be, I guess you'd say number 2, this 14 Q Hoe, looking at S. Keller Number 11, can you 14 one here. 15 confirm that those appear to be the steps that you fell on? 15 Q Okay. Why can't you go ahead and nark that and 16 A Yes. 16 put your initials right. after that? All right. Now, as 17 Q Now, you described, as you were turned facing 17 you describe it, your feet essentially IX116 out from under 18 the photographer in this picture, to cone down the steps. 18 you? 19 You slipped on a step, correct? 19 A Yep. 20 A Yep. 20 Q Was it still raining at the time? 21 Q Now, I'm going to count these steps, and I'm 21 A Oh, yes. 22 going to count the first step, even though it's level with 22 Q All right. And you cane down, and I will point 23 the perch, as a step. 23 to you what appears to be a crack on what is now step 24 A Okay. Yeah, I know what you mean. 24 number 3? 25 Q I'm calling that step hunter 1, and you can even 25 A un-hum. 31 32 1 Q Is that the crack you were referring to when you 1 A -- at a 90 probably because the leg, when it hit 2 described it? 2 down here, probably threw it up under. 3 A Yes. It's been repaired too. 3 Q Okay. 4 Q Ch, it has? 4 A That's why I said I knew I was facing my truck. 5 A Yeah. If you look on it, you'll see there is a 5 Q Okay. So your truck wasn't facing from the 6 dot there. 6 perspective of this photographer. Your truck was over off 7 Q I have another exhibit to show you that I think 7 the right-hand side of the page? 8 will show that. 8 A Yes. And hat's why I said, I knew my left 9 A It has a screw in it. I noticed that when I was 9 shoulder, this one, was, where I was able to grab a hold of 10 over there. 10 the step and pull up and turn myself around. 11 Q Okay. So that's the step you hit with your 11 Q All right. So you actually did almost a 12 back? 12 90-degree turn, twist in the air? 13 A Yep. 13 A Yeah -- well, wherever, when I landed. 14 Q Now, does this picture have enough of a 14 Q On, Okay. So primarily your left leg is under 15 perspective away from the porch for you to show us where 15 you, and your left side. is on the ground? 16 you, in fact, larded? 16 A Is on, the step. 17 A Well, the blue area here. 17 Q Is on the step? 18 Q Okay. 18 A This was up on the step. 19 A Right. 19 Q Okay. But you're facing towards the right of 20 Q The stone that appears to be blue? 20 this photograph? 21 A Yeah, right here. 21 A Yes. 22 Q Okay. All right. 22 Q All right. Why don't you point an arrow and pat 23 A And when I fell, because I went down and I 23 truck? At the bottom of the page, out an arrow where your 24 twisted - 24 track was. 25 Q Okay. 25 (Witness aanplies.) 0 0 i 33 34 1 All right. And that last arrow you put door 1 MR. DOWLING: Yeah. 2 there is the area that you landed, correct? 2 THE WITNESS: Yeah, I went out. Pam called me, 3 A This one, yes. 3 and she was making all the arrangements. 4 Q Yeah. Right. Okay. Now, I'm going to shwa you 4 BY MR. FITZSALNS: 5 what was marked as Exhibit 12 and ask you if that shows the 5 Q All right. And you were out there with Ms. Imp 6 screw in the step - 6 from Mette, Evans and Woodside. Who else was there? Was 7 A Yep. 7 there another young woman there? 8 Q - that you had told us earlier you saw when you 8 A Yes. 9 were out taking pictures. When were you out to take 9 Q Do you know who that was? 10 pictures? 10 A No. I dart recall. 11 A It was cold, so it was quite a bit later. That 11 MR. FITZSII4I14S: Do you know who that was? 12 1 do now. It was later. 12 MR. DOWLING: No. 13 Q Two years later or in the same year? 13 BY W. FUMSE NS: 14 A I think it was, like, November, December, maybe 14 Q Okay. While you were out there, did Scott 15 January of that year. 15 Keller confront you all or talk to you all about that? 16 Q Okay. 16 A He carve out, and she introduced herself a:d said 17 A 1 don't recall. 17 that he was taking photographs. 18 Q Okay. And you were out there with Ms. Lupo and 18 Q Said that he was taking photographs? 19 somebody else from Mette Evans? 19 A No. I'm sorry. She was taking photographs, and 20 A Yep. 20 then that was the end of the conversation. I did not 21 Q Did you call first and ask for permission to be 21 discuss it with him at all. 22 out there? 22 Q Okay. Did he say anything to you? 23 A I didn't contact anybody. 23 A No. 24 Was her name Pam that went out? Do you 24 Q Did he ask everybody to leave or anything? 25 remember? 25 A No. 35 36 L Q Okay. In your view, at the time, was the 1 during her deposition; did you meet with your lawyer to 2 interaction unpleasant? 2 prepare for this deposition. I didn't object to the fact 3 A I wasn't a happy camper to see him, but I wasn't 3 that she met with a lawyer. 4 hostile. 4 MR. DOWLING: No, the only purpose of that was I 5 Q Okay. Thank you. Now, how did you wee to 5 wanted to know if everybody met together to get their story 6 retain Mr. Dowling to represent you? 6 straight because some of the comments seam to be almost 7 NF. DOWLING: Well, wait a hurdle. I'm going to 7 verbatim, and that was the purpose of that. 8 instruct him not to answer how he hired me. What is the 8 MR. FITZSIMCNS: And so you asked her if she met 9 relevance of that? 9 with me and her son and her husband, so you thought I might 10 MR. FITZSINtNS: Well, did he see your nere in 10 have helped than get their questions straight? 11 the Yellow Pages, or did a friend tell him he needs to see 11 MR. LeWLING: No, but oftentimes when you have 12 a lawyer? 12 witnesses together, they start talking about it and their 13 MR. IXNLING: I'm going to object and direct him 13 stories get to be the same. So it wasn't anything directed 14 net the answer. 14 at whether you, anything from you; it was whether they were 15 MR. FITZSIlNONS: Why are you directing him not 15 in the roan together. That was the purpose of it. 16 to answer? 16 MR. FITZSII4ONS: Well, on this particular 17 MR. DJBLING: I think it's attorney client 17 instance, I'm just asking your client how it was that he 18 matters. 18 came to feel that he needed to retain an attorney to 19 MR. FITZSIMCNS: Why is that attorney client? 19 represent him as a result of this matter. 20 You weren't representing him at the time he decided to hire 20 MR. DOWLING: And I'm going to direct him not to 21 a lawyer. 21 answer the question. 22 M. DWLING: I think it's all in the same 22 MR. FITZSIDSNS: All right. I'm going to 23 ballpark. 23 reserve the right to file appropriate motions seeking 24 MR. FITZSIDTNS: No, we're not talking hallparks 24 sanctions if I find it necessary in future, which will 25 here. I'm asking the same question you asked my client 25 probably be unlikely, you know, just so you know. i 0 1 Q They treated you in the hospital for contusions 1 I remember getting myself to the truck, and I was stunned. 37 38 1 BY MR. FITZSIMDNS: 1 electronic shock. 2 Q So somehow mysteriously you ended up with a 2 Q Right. Okay. Those galvanic pads that have 3 lawyer within a couple of months of this fall, correct? 3 voltage going through then and -- 4 A Yes. 4 A That was it. 5 Q And in that interim, you ha-.1 been treated or 5 Q - send frequency and increases and decreases? 6 gone to see your chiropractor for some treatment, correct? 6 A Yep. 7 A Yes. 7 Q All right. In concert with that type of 8 Q Ahd please understand, as a former rugby player, 8 treatment, did you have adjustments from the chiropractor 9 I an not a person who questions the integrity or the worth 9 where they put you on that table that goes down? 10 of chiropractors, so don't take any implications from me 10 A Not before, no. 11 asking about that All right? You went to see a 11 Q Who is your chiropractor again, the Hetrick 12 chiropractor, and I believe it's somebody that you had been 12 Center? Isn't that right? 13 treated with before? 13 A Yes. What was his name? 14 A Are you talking before the accident or after? 14 Q I'm sorry. I'll -- 15 Q Yeah, before the accident. 15 A Stoner. 16 A Yes. 16 Q Scott Stoner. I'm sorry. Dr. Stoner has a 17 Q Had you had problems with your back before this 17 record of you seeing him on September 29th, which would 18 accident? 18 have been four days after this accident? 19 A Minor. 19 A Yes. 20 Q What type of minor problems? 20 Q In the four days between this accident and going 21 A Just same aches and pains. 21 to are Dr. Stoner, what symptoms were you experiencing? 22 Q Had you had adjustments with your chiropractor 22 A I was in the hospital. 23 prior to this accident? 23 Q Right. What symptoms were you experiencing in 24 A Mostly what he did with that was put -- I don't 24 there? 25 even know what it's called. It's like a heat pad, 25 A Extreme pain. 39 40 2 and braising as well as lumbar pain, correct? 2 And I said -- well, I said to him, I'm hurt; something's 3 A Yeah. 3 wrong. I got in my trick, and I drove don to my friend's 4 Q And so am I correct in concluding that when you 4 place of business, Paul Gettle, Cars by Cn_ttle, did not get 5 hit the step, while the coal halt from your father may have 5 out of my truck. 6 helped a little in absorbing some of the blow, you still 6 Q Did you speak to Paul Gettle? 7 received contusions and bruising from striking the step? 7 A I spoke with Paul Gettle. Paul, I asked, I 8 MA. DWLINU: Cbject to the form. 8 says, what should I do; should I go down to Carlisle 9 BY MR. FITZSIMDNS: 9 Hospital. He says, no, go right to Holy Spirit. 10 Q Is that correct? He's just putting an objection 10 Q Why Holy Spirit? 11 co the record. You can answer, if you can. 11 A I guess he thought it was a better hospital 12 A You're asking me if the belt interfered with the 12 because he's from the Carlisle area. He's from the 13 blue? 13 Carlisle area. I am act. I didn't know what to do. I 14 Q Well, no. V. not leading with that. You 14 drove myself to the Holy Spirit Hospital. 15 described that you landed on that step that you conclude 15 Q Did you have any difficulty driving? 16 was cracked by you hitting it and that, you now, the belt 16 A Tremendous. 17 was torn and took quite a bit of the hit. But obviously 17 Q Your Suburban would be an automatic, correct? 18 you were hospbtalized for two days, so you had contusions 18 A Yes. 19 and braising, correct? 19 Q Describe your difficulties. Sorry, but I have 20 A Correct. 20 to ask. 21 Q What did they treat you with at the hospital, or 21 A Severe pain. 22 how did they treat you? 22 Q Where? 23 A Morphine. 23 A Lower back. 24 Q Pad when did the symptoms became that severe? 24 Q Across the felt line or below? 25 A Well, after I fell, I was able to get myself up. 25 A lower back, just in that area. • 41 42 1 Q Okay. Were you having spasms? You know what I 1 A I remember something about he -- I don't 2 mean by spasms, right? 2 remember going down there. I do remember him saying, in 3 A Yeah. I don't know if I'd .11 it spasms. I 3 the conversation sc ewhere, $500 he was looking for it. 4 was just in severe pain. My left leg hurt. I believe 4 Q All right. And what were you willing to offer? 5 that - but it was severe enough it was inquiring me to 5 A I don't know. I didn't at a good look at it. 6 drive. 6 Because I do know when I was in the hospital, I called my 7 Q You said your left leg hurt. Obviously your 7 friend who's deceased and told him to go out there and see 8 right leg is your primary driving leg where the gas and 8 if the car's still around. 9 brake are, correct? 9 Q Oh, okay. So do you know if your friend ever 10 A Right. 10 went out? 11 Q And you said your left leg hurt and -- 11 A I know he had gone out there, but I don't 12 A Here up by my hip it hurt. 12 remember what the reply was, if the car was not there then 13 Q And the reason I'm going to follow up on that 13 or what. I don't recall. It wasn't there, but I don't 14 is, you know, you did describe to us that your leg was 14 remember if Tim told me it wasn't there or not. 15 tucked underneath you, and at first you thought you'd 15 Q De you recall walking from the steps, the scene 16 broken your leg? 16 of your fall, down to the telephone pale where the car was 17 A I thought I broke my leg. 17 chained with Scott to look at the vehicle right after your 18 Q And then you described leg pain as you're 18 fall? 19 driving. Did you relate that to the, what I will phrase as 19 A Na, that I don't recall. 20 the unnatural bending of your leg under your body as you 20 Q Describe for rte how you got to your truck from 21 fell, or did it feel like it radiate] from your back? 21 the bottom of the step=_. 22 A Nc. It was from the fall. 22 A That I don't recall totally. I do remember 23 Q Okay. So did you walk down to the quarter 23 trying to get into my trick and how I had to pull myself up 24 midget racer and discuss a price with Scott Keller? De you 24 by the door frame. That I do recall. 25 recall that? 25 Q Was he there helping you? 43 44 1 A Na. 1 A Parked in the parking lot. 2 Q So you pulled yourself up into the truck. Were 2 Q You didn't drive up to the emergency entrance? 3 the people from the garage still there, that little garage 3 A Nape. It was pouring. At that time, I do know 4 where you were talking to the man ae1 women? 4 it was pouring out. I went to get out, opened the door to 5 A I don't know. 5 try to get out; and when I got out, I couldn't hold myself 6 Q So you pretty much got there by yourself as far 6 up, and I was holding myself on the door frame, just 7 as you recall? 7 holding onto the door. 8 A As far as I recall. B They have a shuttle bus up there. The shuttle 9 Q And so you drove out to Cattle's? 9 bus cane by, and the guy stopped and said, get in here; 10 A Right. 10 I'll take you up there. I said, I can't walk. And then he 11 Q And he rearmanded you go to Holy Spirit? 11 must have called sceebvdy. They came down there with a 12 A Yep. 12 wheelchair and got me loaded up and took me in. 13 Q And you drove yourself to Holy Spirit? 13 Q Okay. So they took you in? 14 A Cot to Holy Spirit. 14 A Um hum. 15 Q Did you ever consider calling for an ambulance? 15 Q Did you have health insurance? 16 A I guess the macho part of me was caning out. I 16 A Yes. 17 don't know. All I know is I was hurt and it got worse as I 17 Q So the first thing they did was ask you for your 18 went. 18 insurance card, right? 19 Q Okay. 19 A I'll tell you the truth. I was hurting so bad, 20 A Decause as I - I do remember that coming up 20 I don't recall. 21 there to 11 and 15 and make the left at Holy Spirit, I was 21 Q Okay. 22 about ready to pass out it hurt so bad. 22 A It was terrible at that time because - I'll 23 Q Okay. 23 tell you how severe it was. They took me in, and I can't 24 A Cot into Holy Spirit's Hospital - 24 even remanbar if they asked me for my cants or anything 25 Q What did you do? Did you park in the lot? 25 because I had no family around at that time. My nun was in I 11 u 45 96 1 the hospital. I don't romancer hoe they got that 1 whatever they had to do. I don't know. 2 information. 2 Q Right. 3 Q Was your father still alive at that titre? 3 A And then I was out, so maybe they gave rte a shot 4 A No. He was deceased. 4 of morphine. Maybe they did something -- I don't knew 5 Q Okay. Are you an only child? 5 because the thing I next recall is I woke up in another 6 A No. I have four sisters, bat that situation was 6 own and said that I hurt, and I said something about going 7 my parents were in Altoona, Pennsylvania, Village of Fast 7 to get x-rays; and they said you already had them done, and 8 Freedom; and I took a job out through here to get closer to 8 I don't even resanber any of it. 9 then to take care of them better. Pad got severely -- he 9 Q Okay. Did they ever tell you what the x-rays 10 wasn't doing good, so I bought a house where I'm at, moved 10 showed? 11 than in with me because he wasn't safe to be driving an 11 A They said they couldn't find nothing, and they 12 autanobile, anymse. 12 were going to send rte home in the first 24 hays. 13 Q I see. 13 Q Right. 14 A And dad passed away in 199, and then mom passed 14 A Sut I couldn't walk, and I said, well, I can't 15 away two years ago. 15 go hone; I live by myself. They said, well, don't you have 16 Q 2003? 16 anybody that can help you. I said, no, I don't. They 17 A 2003, September. 17 were, for insurance reasons, they Wanted me to go hare. 18 Q Okay. 18 And I said, I can't; I can't do it. So I guess it was the 19 A Took care of then. But she was in the hospital. 19 next day that I was finally able to move enough to where I 20 For what, I don't recall. 20 went and had a friend of mine come and pick ne up, and I 21 Q Okay. 21 went hare. 22 A But anyway, back to emergency roam scene, the 22 Q Who was the friend? 23 thing I recall in there is they got me up on the gurney and 23 A Jim, Jim Re.. 24 they took me in the roan. I remember that. Maybe I just 24 Q Who's he? 25 told them to take my wallet and find what was in it, 25 A He's still alive. 47 48 Q Okay. Where can we find him if we ever need to? I A Took sere arthritis out. 2 A He lives in up near Hershey. 2 Q Okay. Any ligament tears or anything? 3 Q Ream, R-e-a-m? 3 A I don't know. They did operate - they did the 4 A R-e-e-m. 4 surgery, and I know they took a bunch of arthritis out of 5 Q R-ems m. Where does he work? 5 it. 6 A Bethlehem Steel. 6 Q Okay. 7 Q So after he took you hare, you were able to get 7 A I went to get up, and it hurt real bad one day, 8 to the Hetrick Center in Middletown or Mechanicsburg? 8 and they found that I had arthritis in the right knee. 9 A Mechanicsburg. 9 Q Arthrosccpic surgery? 10 Q And this is somewhere you'd been before? 10 A Yes. 11 A Right. 11 Q You said the right knee or the left knee? 12 Q So you went to see -- 12 A The right knee. 13 A Scott. 13 Q Okay. I'm sorry. Earlier on, I thought you 14 Q -- Scott Stoner. And had you, before this 14 said left knee, and I must have misunderstood you. 15 accident, walked with a limp at any time? 15 A No, right knee. 16 A Right before this accident, I did damage my left 16 Q Okay. So year right knee had surgery, hat not 17 knee. 17 your left? 18 Q Okay. 18 A Not my left. 19 A Pnd I had knee surgery gone after the accident, 19 Q Did you ever get diagnosed with any knee or hip 20 not too long after it. 20 damage from this fall? 21 Q Okay. Did you relate the need for that knee 21 A No, not to my knowledge. 22 surgery to this accident or something before? 22 Q Pnd at Holy Spirit, they told you they didn't 23 A It was something before. 23 see anything in the x-rays, obviously fractures or 24 Q Dc you kmww what it was you had done to your 24 something like that? 25 knee? 25 A Right. E • 49 so 1 Q But they treated you clearly for your pain. I 1 for you? 2 guess they called it a soft-tissue injury? 2 A I had to hire, I hired a nanny to watch mom 3 A Right. 3 during the day, and then I care home in the evening. 4 Q And so four days later, you're at the 4 Q And took care of her? 5 chiropractor, and he rightfully doesn't do any manipulation 5 A And took care of her. She was not able to take 6 on you; he wants to do tests? 6 care of herself. 7 A Bight. 7 Q Okay. 8 Q And you ended up with some physical therapy, 8 A And from that point on, that's when I -- 9 correct? 9 Q And you said she had suffered a comber a 10 A If I rent, it was little because I brought my 10 ischemic events, mini strokes, right? 11 mom house, and I didn't, couldn't get away because she had 11 A Yes. She wculd roam out into the yard; she loss 12 to have srmebrody there all the time. 12 sight in one eye, fell multiple times. 13 Q And I looked at the records, and I know Dr. 13 Q So you couldn't leave her unattended? 14 Stoner got on you a few titres, and he dements that he 14 A She could not lx unattended. 15 wanted you to get a bone scan. 15 Q And you couldn't exactly pack her in the car and 16 A Um-hum. 16 take her to the doctor's for you? 17 Q And you essentially said, with the schedule with 17 A No. 16 your rather's needs for you, you couldn't get to it. Is 18 Q Okay. It appears that you are not and have not 19 that correct? 19 been told that you are a candidate for lumbar or any kind 20 A Couldn't get to it. 20 of back surgery as a result of this fall. Is that correct? 21 Q He indicated at one point that you didn't seem 21 A I have been going to, I went to Orthopedic 22 happy with the idea of a bone seen. Had you had bone scans 22 Institute of Pennsylvania. 23 before? 23 Q Who did you see there? 24 A No. 24 A Oh, I have his name written down. It's at hare. 25 Q Okay. So you just, it was a scheduling issue 25 And I've been going through a different type of therapy 51 52 1 within the past two months because of the pain. I'm just 1 pain's telling you not to do something? 2 trying to avoid to go through surgery, mainly because I 2 A You got it. That's it. 3 have nobody to take care of me if things don't work out. 3 Q All right. I understand. I didn't want to put 4 Q Right. You say other therapies. Physical 4 words in your mouth. 5 therapy? 5 A That's exactly what it is. You go overdo it one 6 A Yes, which it does relieve a lot of pain what 6 day, and the next day you can't walk. 7 they had me doing. That was part of the reason I had to 7 Q When's the last time that you had a full 8 get out and walk around. I had to go out in my car and do 8 evaluation from either your orthopedist or your 9 the stretches they want me to do. 9 chiropractor? 10 Q Understood. Who's giving you that physical to A A full evaluation? 11 therapy? 11 Q Yeah, where they brought you in and they give 12 A Oh, I have his nacre at hare, not with me. 12 you an examination and checked your range of motion and all 13 Q Ib you take any painkillers other than -- I know 13 of that good stuff. 14 you said you take ibuprofen. 14 A About two months ago. 15 A Just ibprofen. is Q And who old that? 16 Q You've taken the ibuprofen for your tack? 16 A Orthopedic Institute of Pennsylvania. 17 A I had - taking pain pills, you wind up abusing 17 Q Do you have limitations at work for what you can 18 yourself and then hurting more in the long run. 18 do at work? I mean, has the doctor said, limit your 19 Q Have you ever had a problem with pain pills 19 lifting to 25 pourds or less? 20 before? 20 A He has not, but mine is not that cmmnarding. I 21 A It's not a problem with pain pills. It's a 21 had to scale dawn what I was doing in my life. 22 matter that it covers the pain up, and your fly's trying 22 Q I'm sorry. I didn't quite understand what you 23 to tell you you hurt, stop, you know. So I'd rather 23 meant by that. Yours is not camending, your doctor is 24 know -- 24 not? 25 Q So you don't like something that masks pain when 25 A No, my job is not commanding. • L 53 54 1 Q Okay. 1 A And deer hunting. 2 A Haaver, the days of -- 2 Q Where would you hunt? 3 Q You don't have to do a lot of heavy lifting? 3 A Sack hard. 4 A I don't have to do a lot of lifting or unloading 4 Q Selong to a coup? 5 or anything like that. 5 A No. 6 Q Okay. You get to tell smebydy else to do that? 6 Q When you say back hare -- 7 A Yeah. 7 A Altoona area. 8 Q Cud. That's why Andrew and I both went to law 8 Q Right. Where you essentially grew up hunting? 9 school. I t mcVt quite work out for either of us. 9 A Yes. 10 A You guys were a lot smarter than I was. I was 10 Q What is it about what you used to do hunting 11 not academ ically strong. I wish I would have studied 11 that you can't do now? 12 constituti onal law. 12 A Climb rocks; fear of falling, won't be able to 13 Q well, we managed to avoid that too. All right. 13 get up. 14 A But anyway, since this, the days of, like, going 14 Q Fear of falling based upon the experience of 15 hunting, f ishing, being a car advocate; I can't do what I 15 being horizontal in the air or because of weakness in year 16 used to do adyimre. 16 legs or back? 17 Q When you say what you can't do or what you used 17 A Both, fear of falling and, like I said, I have 18 to do, you say you don't hunt anymore? 18 no family. Who's going to find me? 19 A Don't hunt any?rore. 19 Q You hunt alone when you hunted? 20 Q Did you used to? 20 A Well, when mry dad was in good health, he went. 21 A Yes. 21 Q Okay. 22 Q What did you hunt? 22 A Cad's gone; nobody around no sere. 23 A Well, I did small game, mnstly turkey; no more 23 Q Yeah, it's kind of hard to break into sarebody 24 pheasants around anymore. 24 else's hunting group because they tend to develop at an 25 Q Right. 25 early age, right? 55 56 1 A Same with fishing. I was a very avid bass 1 Q And the therapy that the physical therapists are 2 fisherman. I'd go out and wade out in the mater; fear of 2 giving you, are they describing that to you as a cure or a 3 falling in and droming. 3 way to help you handle your situation? 4 Q Is that fly-fishing or -- 4 A I think mare of a way to handle it. That's what 5 A Loth. 5 I keep trying to do now is stretch it out a little bit. 6 Q Both, fly and bait, right? 6 Q And please feel free to stand up, if standing up 7 A Both. 7 makes you feel better. we're alnost done. 8 Q Any other outdoor activities? 8 A Okay. I am going to stand up a little bit. 9 A Pace cars. 9 Q Have you ever had any work-related injuries at 10 Q Driving then or - 10 any of your prior jabs? 11 A Qming then. 11 A Way back at United States Steel. That eras back 12 Q CWninq than. What kind of cars? 12 in the '70's. 13 A Cars that raced at Silver Springs, Super 13 Q What kind ofi injury? 14 Sportsman. 14 A It was not even an injury; it was an accident. 15 Q When's the last time W. coned a Super Sportsman 15 Nothing was injured. 16 car? 16 Q Okay. Have any of your treating physicians in 17 A Two-and-a-half years ago. 17 the last -- well, sines this accident told you that they've 18 Q And what has limited your ability to do that 18 observed structural changes in your back as a result of 19 anyxwre? 19 this accident? 20 A Just my lower back, just the pain's too bad; be 20 A Scott Stoner did. 21 it night r acing, can't handle the nett day. 21 Q What did he tell you? 22 Q Okay. So being, standing too long or sitting 22 A Structurally, I don't recall that, but I know he 23 too long, either one of those bothers you. Is that 23 was saying we got to do sonething because you're na+ 24 correct? 24 walking like an old many half steps. 25 A Yep. 25 Q New, you were seeing him in a relatively short 0 0 5B 1 time frame after this accident, right? 1 weight since this fall? 2 A Yeah. 2 A Yes. 3 Q Is it fair to say that you were still having 3 Q About how much? 4 muscle spasms from the impact and all of that? 4 A 45, 50 potions, I guess. 5 A Yes. 5 Q How much do you weigh right now? 6 Q Do you continue to treat with him? 6 A A little over 300. 7 A He moved to outside of Hershey. 7 Q Okay. And co you relate that to your inability 8 Q Okay. And did you stay with the practice with 8 to maintain a level of activity? 9 another chiropractor? 9 A Yes, I Jo. I just joined a gym three umnths 10 A No, I didn't. 10 ago -- two months ago. 11 Q Okay. Any reason why? 11 Q Wnich gym? 12 A Didn't like the chiropractor they had. 12 A Cold's Gym, to try to do something to get myself 13 Q Okay. 13 back in shape. I hate the way I feel. 14 A And then also man gat real ill. I knew, she was 14 Q Other than tuning, what other activities did 15 going to puss. 15 you engage in before the lack injury that you can't do now? 16 Q Right. 16 A I did everything. I mean, it hurt ore this year. 17 A So I was spending as much time with her as I 17 I had a roof put on my garage. I would have done that 18 could. 18 myself before this. You know, to spend that kind of money 19 Q Okay. Now, you're a big guy? 19 out to pay someone to do it -- 20 A Um hum. 20 Q Other than Dr. Stoner and Orthopedic Institute, 21 Q You're -- 21 do you have any other physician? 22 A I'm fat. 22 A Yes, my family physician. 23 Q You also -- well, no. Understanding your 23 Q Who's that? 24 limitations, that you're experiencing some back discomfort 24 A Strauser don at Valley Green Medical Center, 25 right now, you know, you move pretty well. Have you gained 25 and than one of his associates I see every once in a while. 59 60 1 Q How long have you been with them? 1 keployment? 2 A Ten years, approximate. 2 A With -- at Central Fenn? 3 Q The tact that I'm flipping through these notes 3 Q Flight. 4 is a good sign. I'm making sure I haven't missed anything. 4 A No. That was Blue Cross. 5 A That's fine. So long as you guys don't mind rte 5 Q Okay. So you were with Blue Cross obviously 6 getting up and stretching around. 6 when this accident happened? 7 Q Db. That's fine with us. The physical therapy 7 A Yes. 8 and the exercises that you've beat doing recently, I think 8 Q And now, you're at HealthPnerica? 9 you said, seemed to help a little, but obviously it hasn't 9 A Yes. 10 completely alleviated your symptaos right now, correct? 10 Q Any changes in your observation of the type of 11 A That's correct. 11 is you're able to get, between the two carriers? 12 Q Dc you believe that the time frame that you were 12 A No. 13 string for your mother in her final decline compromised 13 Q Is your health insurance part of the benefits 14 your ability to take care of yourself for a while there 14 package at work, or is it something that you personally pay 15 with exercises and seeing hectors? 15 into either a group or individual coverage? 16 A Yes. 16 A It is, as of. right now, part of the package, but 17 Q So you know, sitting here today, what your 17 I believe it's going to change in the next month. 18 medical expenses to date are related to this injury? 18 Q Okay. Your pleading, your c mplaint states that 19 A No, not at all. 19 you have a loss of wages and a loss of earning capacity. 20 Q What's your insurance coverage, through your 20 Do you have a record of how many days you've lost actually 21 eployedat? 21 at work and actual lost wages as a result of this accident? 22 A Yes. 22 A t1e, I du not. 23 Q And what carrier is that with? 23 Q Can you describe for me the extent at all that 24 A HealthAmerica. 24 you believe your earning capacity has been reduced as a 25 Q Is that the same carrier as with your prior 25 result of this accident? 61 62 1 A Well, being an autaobile hobbyist, I always was 1 Q All right. You say as a hobbyist. N 2 doing stuff for myself and on my cars. I'm rot able to do 2 you -- for instance, is your hobby involving buying cars, 3 that anyrore. 3 fixing than up and selling then in the hobbyist market? 4 Q So now you're going to pay people to work on 4 I'm not talking about a used car dealer or a car dealer. 5 cars? 5 A Yes. 6 A Now I got to pay people to do things, I mean, 6 Q It's strictly in the hobby collection sense? 7 just a sirple thing to load a car. I have a car that I 7 A Right, collector's car. 8 have to pick up in Hershey, which before, I'd just go get 8 Q I mean, sore guys buy the car of their dreams, 9 it and do it myself. Now I got to pay sorebody to do it 9 they fix it up and, you know, will never be separated from 10 for Tre. 10 it by hell or high water or the wife? 11 Q Wen you say load, you mean put it an a truck? 11 A No, I buy and sell classic cars. 12 A A car I purchased, a Morris Miter Ip`T), that I 12 Q And at any time prior to this accident, was that 13 have to send somebody out now to go pick it up and load it 13 hobby and pastime a significant source of inane for you? 14 W and bring it to my shop. 14 A Yes. 15 Q On a flatted or samething? 15 Q And has there been a measurable -- and by 16 A Yep. 16 Treasurable, I mean do you believe you can demonstrate a 17 Q Sc you have your own shop? 17 Treasurable decline in your inoore because of your inability 18 A I have a hobby shop in my house. 18 to do certain things as a hobbyist that you used to be able 19 Q Okay. 19 to do? 20 A Three-bay shop. 20 A I don't totally understand that. 21 Q And you work on cars there? 21 Q You used to buy and sell antique vehicles, fix 22 A work on antiques. 22 than up and sell than? 23 Q Okay. 23 A Well, I'd buy, sell than; I would go to 24 A And then the quarter midgets, stuff like that I 24 auctions. 25 have. 25 Q And you do less of that now? 63 64 1 A I do a lot less of that now. 1 away - I mean, obviousl y you're grieving and you the 2 Q Are you making less money hxcause of that? 2 other things to get to -- you haven't been able to get back 3 A Yes. 3 into full swing with the hobby work? 4 Q CInl you acumen t that? 4 A Well, doing that -- even I modified the have so 5 A I imagine I can, yes. I imagine so. Though I 5 it was wheelchair accessible, walker accessible when she 6 will say, when my anther was ill, I did slow down because 6 was I. the hare. I can't get to that. My bathroom needs 7 of that. 7 to bbe changed back. 8 Q Right. 8 Q Okay. You need the take out all the AEA stuff? 9 A I mean - 9 A You got it. 10 Q Understood. 10 Q All right. Arai you haven't done that? 11 A Qiite honestly, when she got ill and I knew what 11 A I haven't been able to do it. 12 was caning, everything got put co hold. 12 Q Okay. 13 Q What was about the time frarte that you decided 13 A Some of it l: did, what I could, but the heavier 14 you needed to put things on hold because of your Trnam'a 14 stuff I can't do anymore. 15 decline, 2001, 2? 15 Q N you keep a diary? 16 A It was slow about 19 -- I mean, 2001, and she 16 A No. 17 died in '03, April of - Marra of 103, I think it was. She 17 Q And other than the general term of a diary, a 18 had a stroke where she couldn't speak and she was 18 diary specifically documenting your pain or good days and 19 bedridden, ardi that's when everything just really got -- 19 bred days or things like that? 20 Q Okay. Any she passed in '03? 20 A No, I don't. 21 A September of '03. 21 Q Wry did you switch jobs after ten years? 22 Q September of '03. Okay. 22 A 9/11. Central Penn I. involved with the 23 A And I would never put my parents in a nursing 23 insurance companies. After 9/11 happened, a friend of mine 24 tua e. I wouldn't do that, so I kept both at home . 24 that I was describing that's deceased now, him and I both 25 Q Okay. And in the two years since she passed 25 lost our jobs after that. The insurance industries took 65 66 1 such a hit, all the subcontractors they had were gone. 1 tit. DJ9LI1U: No questions from rte. 2 They just worked their people more, and so our jobs were 2 (The deposition was concluded at 4:10 p.m.) 3 eliminated. 3 4 Q And how did you care to be employed at -- which 4 5 Buick is it? I'm sorry. 5 6 A Turner. 6 7 Q lliner Buick. Hox did you - you applied there 1 8 or you knew somebody there? 8 9 A Knew somebody. 9 10 Q And you certainly have expertise in the area 10 11 that they're interested in, damage appraisals and all of 11 12 that? 12 13 A Yes. 13 14 Q Is it your hope to stay there for long? 14 15 A No. 15 16 Q No? Are you looking -- 16 17 A I think they're going to go out of business. I 17 18 think Buick is going out of business. Brick is going to 18 19 fall by the wayside like Oldarobile. 19 20 Q All right. So what are your plans for the 20 21 longer-term future, if any, at this point? 21 22 A I have sore resumes out. I'm talking to sari 22 23 people. 23 24 W. FTTZSD4XS: All right. Those are all the 24 25 questions I have. I thank you for your patie:cs. 25 67 1 QM`%khYFALTH OF PENNSYLVIWIA ) SS. 2 COlMfY OF Q14BERIAND ) 3 4 I, TA^MY L. 2CCK, a Court Reporter-Notary Public 5 authorized to adninister oaths and take depositions in the 6 trial of causes, and having an office in Carlisle, 7 Pennsylvania, do hereby certify that the foregoing is the B testimony of ? A. &a , J.A. 9 I further certify that before the taking of said 10 deposition, the witness was duly sworn; that the questions 11 and answers were taken dwm stenotype by the said 12 Reporter-Notary, approved and agreed to, and afterwards 13 reduced to computer printout under the direction of said 14 Reporter. 15 I further certify that the proceedings and 16 evidence are contained fully and acoirately in the notes 17 taken by me on the within deposition to the best of my 18 ability, and that this copy is a correct transcript of the 19 same. 20 In testimony whereof, I have hereunto inscribed 21 my hand this 19th day of November, 2005. 22 23 4 ft 29 -nta,? tic ? 25 • • '03 [5] 63:17, 20, 21,22 '70's [1] 56:12 '99 [1] 45:14 -0- 02-6083 [1] 1:2 -1- 1 [4] 29:25; 30:1, 4 11 10 [2] 5:11; 66:2 11 [5] 6:6; 29:10; 43:21; 64:22, 23 12 [2] 11:4; 33:5 14[1] 1:13 14th[l] 67:21 15[1] 43:21 15-year-olds [1] 10:10 17370[1] 11:2 19[1] 63:16 1978 [1] 8:1 -2. 2 [4] 1:13; 28:24; 30:13; 63:15 20[1] 6:6 2000 [1] 9:6 2001 [2] 63:15, 16 2003 [2] 45:16, 17 2005 [2] 1:13; 67:21 24[1] 46:12 25[1] 52:19 25th[1) 9:6 2940 [1] 10:25 29th [11 38:17 -3- 3 [2] 2:3; 30:24 300 [2] 27:2; 58:6 -4- 4 [1] 66:2 45[1] 58:4 -5- 5 [t] 10:10 50 [1] 58:4 500[1] 42:3 56 [1] 6:6 57 [1] 1:13 -8- 81 [1] 12:20 -9- 9 [2] 64:22, 23 90[1] 32:1 90-degree[1] 32:12 A- ability [3] 55:18; 59:14; 67:18 able [11] 32:9; 39:25; 46:19; 47:7; 50:5; 54:12; 60:11; 61:2; 62:18; 64:2, 11 absorbing [1] 39:6 abusing [1] 51:17 academically [1] 53:11 accessible [2] 64:5 accident [18] 37:14, 15, 18, 23; 38:18, 20; 47:15, 16, 19, 22; 56:14, 17, 19; 57:1; 60:6, 21, 25; 62:12 accurately[1] 67:16 aches 111 37:21 across [2] 14:3; 40:24 action [1] 1:3 activities [2] 55:8; 58:14 activity [1] 58:8 actual [t] 60:21 actually [7] 9:16; 26:12; 27:19, 20; 30:5; 32:11; 60:20 ads[1] 64:8 address [2] 10:23; 11:1 adjustments [2] 37:22; 38:8 administer[1] 67:5 advocate[1] 53:15 aftemoon [i] 3:13 afterwards [1] 67:12 against [1] 9:4 age [11 54:25 ago [5] 45:15; 52:14; 55:17; 58:10 agree[1] 9:6 agreed [1] 67:12 ahead [1] 30:15 air [4] 7:18; 18:18; 32:12; 54:15 alive [2] 45:3; 46:25 alleviated [1] 59:10 alley [4] 11:14; 1314; 14:2, 4 almost [3] 32:11; 36:6; 56:7 alone [11 54:19 altoona [3] 8:24; 45:7; 54:7 always [2] 15:22; 61:1 ambulance [1] 43:15 andrew [4] 1:19; 5:4; 28:19; 53:8 angle [3] 22:23; 25:5, 6 announce [1] 5:4 annual [1] 12:3 answer [7] 4:22; 5:16; 35:8, 14, 16; 36:21; 39:11 answered [t] 19:25 answering [1] 5:21 answers [3] 4:10, 17; 67:11 antique [1] 62:21 antiques [1] 61:22 anymore [8] 45:12; 53:16, 18, 19, 24; 55:19; 61:3; 64:14 appear[1] 29:15 appearances [1] 1:18 appears [3] 30:23; 31:20; 50:18 applied [1] 65:7 appraisals [2] 7:14; 65:11 appraiser[1] 6:23 appropriate [1] 36:23 approved [1] 67:12 approximate [1] 59:2 approximately [1] 6:21 april [1] 63:17 arm [1] 28:12 arms [1] 24:14 around [8] 9:1; 32:10; 42:8; 44:25; 51:8; 53:24; 54:22; 59:6 arrangements [1] 34:3 arrow [3] 32:22, 23; 33:1 arthritis [3] 48:1, 4, 8 arthroscopic [1] 48:9 asked [6] 15:11, 23; 35:25; 36:8; 40:7; 44:24 asking [7] 4:5, 16; 17:7; 35:25; 36:17; 37:11; 39:12 associates [2] 11:25; 58:25 assume [3] 5:17; 10:15; 25:5 assumed [1] 16:18 attention [1] 10:2 attorney [5] 3:14; 15:1; 35:17, 19; 36:18 auction [2] 7:9; 15:20 auctions[1] 62:24 authorized [1] 67:5 auto [1] 14:3 automatic [11 40:17 automobile [2] 45:12; 61:1 avid [11 55:1 avoid [2] 51:2; 53:13 away [7) 9:19; 22:10; 31:15; 45:14, 15; 49:11; 64:1 e- bachelor's [2] 8:5, 7 bad [5] 43:22; 44:19; 48:7; 55:20; 64:19 bags [1] 7:18 bait[1] 55:6 ballpark[1] 35:23 ballparks [1] 35:24 barbie [1] 9:23 base [1] 27:15 based[1] 54:14 basically[1] 7:8 basics 11] 4:21 bass [1] 55:1 bathroom [1] 64:6 become[1] 39:24 bedridden [1] 63:19 behind [2] 15:13; 28:11 believe [10] 12:8; 17:5; 24:24; 27:19; 37:12; 41:4; 59:12; 60:17, 24; 62:16 belong 11] 54:4 below [1] 40:24 belt [9] 26:7, 8, 11, 12; 27:5; 39:5, 12, 16; 40:24 bending [1] 41:20 benefits [1] 60:13 best [1 ] 67:17 bethlehem [1] 47:6 better [4] 28:16; 40:11; 45:9; 56:7 between [3] 3:2; 38:20; 60:11 beyond [2] 8:7; 27:15 big [3] 14:19; 26:8; 57:19 bigger[1] 10:6 bill [1] 4:3 birth [1] 6:5 bit [4] 33:11; 39:17; 56:5, 8 blow [2] 39:6,13 blue [4] 31:17, 20; 60:4, 5 bock [3] 1:11; 67:4, 23 body [2] 6:14; 41:20 body's [1] 51:22 bone [3] 49:15, 22 bothers [1] 55:23 bottom [4] 26:1, 13; 32:23; 42:21 bought[1] 45:10 bouncing [1] 26:4 boy[1] 9:25 brake [1] 41:9 brakes[1] 7:18 break [5] 5:10, 13; 27:3; 28:5; 54:23 bring [1] 61:14 broke [7] 20:11; 22:18; 24:9; 26:16, 17, 25; 41:17 broken [2] 24:17; 41:16 brought [3] 10:2; 49:10; 52:11 bruising [3] 39:2, 7, 19 bucks [1] 8:21 bud [1] 1:1 buick [6] 6:8, 9; 65:5, 7, 18 bunch [1] 48:4 bus [2] 44:8 business [6] 11:16; 13:5, 6; 40:4; 65:17,18 businesses [1] 11:25 buy [4] 62:8, 11, 21, 23 buying [2] 16:24; 62:2 -C- calendar[1] 15:22 call [6] 13:1, 2; 21:12; 22:11; 33:21; 41:3 called [7] 3:8; 12:24; 34:2; 37:25; 42:6; 44:11; 49:2 calling [2] 29:25; 43:15 camp[1] 54:4 camper[1] 35:3 candidate [1) 50:19 capacity [2] 60:19, 24 car [29] 7:18; 9:10, 13, 14; 10:2, 8; 11:22; 12:2, 7, 16; 13:23; 14:2, 6, 20; 19:2; 20:3; 42:12, 16; 50:15; 51:8; 53:15; 55:16; 61:7, 12; 62:4, 7, 8 car's [1] 42:8 card [1] 44:18 cards [1] 44:24 care [8] 45:9, 19; 50:4, 5, 6; 51:3; 59:14; 60:11 caring [1] 59:13 carlisle [14] 1:15; 9:8, 9, 13; 12:20, 23; 13:1, 2, 16; 14:3; 40:8, 12, 13; 676 carrier [2] 59:23, 25 carriers [1] 60:11 cars [24] 1:3, 10, 22; 3:15; 7:15; • 9:23; 10:4; 12:9; 13:6; 14:12; 16:6, 12; 19:22, 25; 40:4; 55:9, 12, 13; 61:2, 5, 21; 62:2, 11 cause [2] 5:20; 6:23 causes [1] 67:6 center [3] 38:12; 47:8; 58:24 central [8] 6:19, 20, 25; 7:5; 9:1; 15:20; 60:2; 64:22 certain [t] 62:18 certainly [3] 21:4, 5; 65:10 certification [1] 3:4 certify [3] 67:7, 9, 15 chained [2] 17:8; 42:17 change [1] 60:17 changed [1] 64:7 changes [2] 56:18; 60:10 checked [2] 24:11; 52:12 child [1] 45:5 children [1] 11:7 chiropractor [9] 37:6, 12, 22; 38:8, 11; 49:5; 52:9; 57:9, 12 chiropractors [1] 37:10 circuit [1] 10:9 civil [1] 1:3 clarence [6] 1:1, 9; 2:3; 3:8; 6:4; 67:8 classic [1] 62:11 cleaned [1] 7:12 clearly [2] 5:22; 49:1 client [4) 35:17, 19, 25; 36:17 clients [11 9:5 climb[1] 54:12 closer [1] 45:8 coat [1] 19:7 code[1] 11:1 cold [2] 19:6; 33:11 colleague [2] 10:14; 14:5 collect [3] 9:20, 23, 24 collected [1] 10:15 collection [1] 62:6 collector's [1] 62:7 collision [1] 6:12 commanding [3] 52:20, 23, 25 comments [1] 36:6 common [1] 1:1 commonwealth [1] 67:1 companies [4] 7:4, 9,17; 64:23 complaint[s] 60:18 complete[1] 21:22 completely [1] 59:10 complies [2) 30:10; 32:25 compromised [1] 59:13 computer [1] 67:13 concert [1] 38:7 conclude[1] 39:15 concluded [11 66:2 concluding [1] 39:4 confine [1] 29:15 confront [11 34:15 confronted [1] 16:16 consider Ill 43:15 constitutional [1] 53:12 contact [1] 33:23 contained [11 67:16 continue [1] 57:6 contusions [3] 39:1, 7,18 conversation [3] 15:10; 34:20; 42:3 conversely [7] 21:16 copy [3] 30:6, 9; 67:18 corner [4] 26:8, 12, 13; 27:8 counsel [1] 3:2 count [2] 29:21, 22 counting [1] 21:1 county [3] 1:1; 8:20; 67:2 couple [6] 14:20, 24; 23:24, 25; 24:2; 37:3 court [5] 1:1, 12; 4:12; 23:21; 67:4 coverage [2] 59:20; 60:15 covers [1] 51:22 coworkees[1] 10:2 coworkers [1] 9:18 crack [2] 30:23; 31:1 cracked [2] 26:24; 39:16 cross [2] 60:4, 5 cumberland [2] 1:1; 672 cure [1] 56:2 cut 111 26:12 D- dad [4] 26:11; 45:9, 14; 54:20 dad's [1] 54:22 damage [6] 6:23; 7:14; 47:16; 48:20; 65:11 danger [1] 21:16 date [4] 1:13; 6:5; 9:9; 59:18 david [2] 1:21; 3:13 day [12] 15:4, 7, 14, 20; 19:13; 46:19; 48:7; 50:3; 52:6; 55:21; 67:21 days [9] 38:18, 20; 39:18; 49:4; 53:2, 14; 60:20; 64:18, 19 dealer [2] 62:4 deardorff [2] 1:14, 21 deceased [3] 42:7; 45:4; 64:24 december[i] 33:14 decide[1] 5:5 decided [2] 35:20; 63:13 deck [1] 20:25 decline [3) 59:13; 62:17; 63:15 decreases[1] 38:5 door [1] 54:1 defendants [3] 1:5, 10,22 degree [3] 8:2, 5 demanded [1] 1:5 demonstrate [1] 62:16 deploy[1] 7:19 deponent[1] 2:2 deposed [3] 4:7; 15:1 deposition [9] 1:9; 3:18; 4:5; 28:20; 36:1, 2; 66:2; 67:10, 17 depositions [1] 67:5 describe [7] 12:18; 24:10; 30:17; 40:19; 41:14; 42:20; 60:23 described [4] 29:17; 31:2; 39:15; 41:18 describing [2] 56:2; 64:24 description [1] 2:12 develop [1] 54:24 diagnosed [7] 48:19 diary [3] 64:15, 17, 18 died [1] 63:17 different [3] 7:7; 26:21; 50:25 difficulties [1] 40:19 difficulty [2] 5:21; 40:15 direct [2] 35:13; 3620 directed [2] 17:9; 36:13 directing [1] 35:15 direction [2] 22:20; 67:13 discomfort [t] 57:24 discuss [2] 34:21; 41:24 disposed [1) 7:8 distance [1] 21:13 doctor [2] 52:18, 23 doctoes[1] 50:16 doctors [i] 59:15 document[1] 63:4 documenting [1] 64:18 documents [1] 49:14 dolls [1] 9:23 door [9] 17:7, 12, 13, 24; 19:24; 42:24; 44:4, 6, 7 dot Ill 31:6 douglas [2] 4:3, 4 dowling [25] 1:19; 2:4; 3:19, 23; 4:1, 6; 5:7; 20:17; 21:5; 28:21, 25; 29:7; 30:5; 34:1, 12; 35:6, 7, 13, 17, 22; 36:4, 11, 20; 39:8; 66:1 down [36] 4:12; 12:24; 13:8, 16, 18; 15:20; 18:6, 10, 18, 20; 21:3, 8, 17; 22:13; 26:3, 15; 28:3; 29:6, 18; 30:22; 31:23; 32:2; 33:1; 38:9; 40:3, 8; 41:23; 42:2, 16; 44:11; 50:24; 52:21; 58:24; 63:6; 67:11 dr [4] 38:16, 21; 49:13; 58:20 dreams [1] 62:8 drink [1] 5:14 drive [3] 17:18; 41:6; 44:2 driven [1] 19:9 driveway [1] 17:19 driving [6] 13:20; 40:15; 41:8, 19; 45:11; 55:10 drove [5] 13:10; 40:3,14; 43:9,13 drowning [1] 55:3 duly [2] 3:9; 67:10 during [2] 36:1; 50:3 -E- earlier [4] 9:3; 28:20; 33:8; 48:13 early [1] 54:25 earning [2] 60:19, 24 east [5] 1:14; 8:18, 19, 24; 45:7 either [6] 22:9; 24:2; 52:8; 53:9; 55:23; 60:15 electronic [1] 38:1 eliminated [1] 65:3 else's [1] 54:24 emergency [2] 44:2; 45:22 employed [2] 6:7; 65:4 employment [2] 59:21; 60:1 end [3] 13:1, 2; 34:20 ended [2] 37:2; 49:8 engage [11 58:15 engagement [1] 23:10 engineering [1] 8:4 enough [5] 4:23; 19:6; 31:14; 41:5; 46:19 entrance [1] 44:2 essentially [5] 17:8; 25:22; 30:17; 49:17; 54:8 estimate Ill 5:3 estimates [t] 6:12 evaluation [2] 52:8, 10 evaluations [t] 7:16 evens [3] 1:19; 33:19; 34:6 evening [t] 50:3 events [1] 50:10 evidence [1] 67:16 exactly [2] 50:15; 52:5 examination [3] 2:2; 3:11; 52:12 examined [1] 3:9 except [1] 3:5 excuse [1] 14:7 exercises [2] 59:8, 15 expect [2] 5:11; 12:10 expecting [1] 14:12 expects[1] 21:17 expenses [1] 59:18 experience [2) 23:2; 54:14 experienced [1] 21:7 experiencing [3] 38:21, 23; 57:24 expertise[1] 65:10 extent [1] 60:23 extreme[s] 38:25 eye [1] 50:12 -F- facing [6] 25:9, 18; 29:17; 32:4, 5, 19 fact [3] 31:16; 36:2; 59:3 fail [1] 7:18 fair [5] 4:23, 24; 14:11; 57:3 fairless [2] 8:13, 15 fall [15] 3:17; 9:5; 12:7, 16; 23:10, 14; E • 0 27:4; 37:3; 41:22; 42:16, 18; 48:20; 50:20; 58:1; 65:19 fallen [1) 21:9 falling [4] 54:12,14, 17; 55:3 falls [1] 21:6 familiar [2] 11:18; 12:1 family [3] 44:25; 54:18; 58:22 famous [1] 10:13 far [2] 43:6, 8 fast [1] 7:18 fat [1] 57:22 father [3] 26:9; 39:5; 45:3 fear [4] 54:12, 14, 17; 55:2 featured [i] 12:10 feel [6] 5:13; 36:18; 41:21; 56:6, 7; 58:13 feeling [1] 22:19 feet [3] 18:14, 16; 30:17 fell [14] 18:10; 20:8, 15; 21:8; 23:24; 24:2; 25:15, 16; 26:19; 29:15; 31:23; 39:25; 41:21; 50:12 few[1] 49:14 figured [1] 9:3 file [11 36:23 flied [1] 9:4 filing [1] 3:4 final [1] 59:13 finally [11 46:19 find [5] 36:24; 4525; 46:11; 47:1; 54:18 fine [5] 4:20; 5:12, 19; 59:5, 7 finished [3] 8:12, 13,22 fisherman [1] 55:2 fishing [2] 53:15; 55:1 fltzsimons [29] 1:21; 2:3; 3:12, 14, 21, 24; 4:2; 5:9; 11:11, 13; 20:19; 28:22; 29:2, 4, 9; 30:7; 34:4, 11, 13; 3510, 15, 19, 24; 36:8, 16, 22; 37:1; 39:9; 65:24 fix [2] 62:9, 21 fixing[1] 62:3 flatbed [1] 61:15 flipping [1] 59:3 flood [1] 7:12 fly [11 55:6 fly-fishing (11 55:4 focus [1] 12:6 follow[1] 41:13 follows [11 3:9 foot [3] 21:17; 22:23, 25 footing [1] 30:12 foregoing [1] 67:7 foreman [2] 6:8, 11 forget (11 24:3 form [3] 3:5, 19; 39:8 former[1] 37:8 forward [7] 18:15 found [1] 48:8 fractures [1] 48:23 frame [5] 42:24; 44:6; 57:1; 59:12; 63:13 free [2] 5:13; 56:6 freedom [2] 8:24; 45:8 frequency (11 38:5 friday [1] 7:1 friend [7] 13:4; 35:11; 42:7, 9; 46:20, 22; 64:23 friend's [1] 40:3 front [2] 17:8; 18:18 fucking [1] 23:23 full [4] 6:2; 52:7 10; 64:3 fully[1] 67:16 further [2] 67:9, 15 future [2] 36:24; 65:21 -G- gained [1] 57:25 galvanic[1] 38:2 game[1] 53:23 gap [1] 20:22 garage [10] 14:19; 15:4, 7; 16:15; 17:16; 19:2; 43:3; 58:17 gas [1] 41:8 gasoline [3] 11:14; 13:13; 14:1 gave [2] 22:19; 46:3 gees [1] 22:1 general [1] 64:17 generally [1] 12:20 gentleman [4] 3:16; 17:6, 9; 19:24 getting [2] 40:1; 59:6 gettle [7] 13:6; 14:7; 40:4, 6, 7 gettle's [1] 43:9 glant[1] 13:6 give [3] 6:2; 10:23; 5211 giving [2] 51:10; 56:2 go-cart [1] 10:6 god [1] 26:25 gold's [1] 58:12 gone [5] 21:25; 37:6; 42:11; 54:22; 65:1 good [10] 3:13; 20:20; 24:16; 42:5; 45:10; 52:13; 53:8; 54:20; 59:4; 64:18 gordon[1] 10:12 got [31] 4:9; 10:12, 13; 12:19; 13:11; 15:23; 17:15; 19:1; 22:2; 24:11; 40:3; 42:20; 43:6, 14, 17, 24; 44:5, 12; 45:1, 9, 23; 49:14; 52:2; 56:23; 57:14; 61:6, 9; 63:11, 12, 19; 64:9 grab [1] 32:9 grabbed [2] 24:12, 18 graduate [1] 7:25 green [1] 58:24 grow [1] 54:8 grieving [1] 64:1 ground [7] 22:13; 26:1; 27:10, 12, 13; 28:7; 32:15 group [2] 54:24; 60:15 guess [11] 4:25; 5:1, 4, 5; 16:8; 30:13; 40:11; 43:16; 46:18; 49:2; 58:4 gurney [1] 45:23 guy [4] 14:21; 44:9; 5719 guys [3] 53:10; 59:5; 62:8 gym [3] 58:9, 11, 12 H- half [2] 21:15; 56:24 hand [1] 67:21 handed [1] 28:19 handle [3] 55:21; 56:3, 4 handrail [1] 24:25 happened [41 9:6; 17:21; 60:6; 64:23 happy [2] 35:3; 49:22 hard [2] 27:2; 54:23 harrisburg [3] 6:10; 12:24; 13:3 hasn't[1] 59:9 hate[1] 58:13 haven [1] 10:25 haven't [4] 59:4; 64:2, 10,11 having [4] 30:6; 41:1; 57:3; 67:6 hazard [1] 5:3 head [3] 4:8; 23:5; 25:25 health [3] 44:15; 54:20; 60:13 healthamerica [2] 59:24; 60:8 hear [1] 5:5 heat [1] 37:25 heavier [1] 64:13 heavy [1] 53:3 hell [1] 62:10 help [6] 20:10; 23:15; 28:16; 46:16; 56:3; 59:9 helped [2] 36:10; 39:6 helping [1] 42:25 henry [11 6:4 hereby [3] 3:2, 4; 67:7 hereunto [1] 67:20 hershey [3] 47:2; 57:7; 61:8 hetrick [2] 38:11; 47:8 high [4] 1:14; 8:9; 20:22; 62:10 higher[i] 21:15 hills [2] 8:13,15 hip [2] 41:12; 48:19 hire[2] 35:20; 50:2 hired [2] 35:8; 50:2 his [6] 10:12; 17:25; 38:13; 50:24; 51:12; 58:25 hit [9] 21:18; 23:4; 26:7; 27:7; 31:11; 32:1; 39:5,17; 65:1 hitting [l] 39:16 hobby [5] 61:18; 62:2, 6, 13; 64:3 hobbyist [4] 61:1; 62:1, 3, 18 hold [6] 24:12, 18; 32:9; 44:5; 63:12, 14 holding [2] 44:6, 7 holy [9] 40:9, 10, 14; 43:11, 13, 14, 21, 24; 48:22 home [16] 9:14; 46:12, 15, 17, 21; 47:7; 49:11; 50:3, 24; 51:12; 54:3, 6; 63:24; 64:4, 6 honestly [1] 63:11 hope [1] 65:14 horizontal [2] 18:21; 54:15 hospital [14] 22:4, 6, 8, 9; 38:22; 39:1, 21; 40:9, 11, 14; 42:6; 43:24; 45:1, 19 hospitalized [1] 39:18 hostile[i] 35:4 hour [2] 5:11 hours [2] 14:24; 46:12 house [3] 17:3; 45:10; 61:18 hundred [1] 9:14 hunt [5] 53:18, 19, 22; 54:2,19 hunted [1] 54:19 hunting [6] 53:15; 54:1, 8, 10, 24; 58:14 hurt [12] 13:11; 40:2; 41:4, 7, 11, 12; 43:17, 22; 46:6; 48:7; 51:23; 58:16 hurting [2] 44:19; 51:18 husband [1] 36:9 ibuprofen [4] 6:1; 51:14,15, 16 idea [11 49:22 identifying [1] 19:21 ill [3] 57:14; 63:6, 11 imagine [3] 25:8; 63:5 immediately [1] 9:12 impact [2] 27:4; 57:4 impairing [1] 41:5 implications [1] 37:10 import [1] 12:7 importance [1] 4:16 inability [2] 58:7; 62:17 inch [2] 21:15, 18 income [2] 62:13, 17 increases [1] 38:5 index [2] 2:1,11 indicated [1] 49:21 individual [3] 28:23, 25; 60:15 individually [1] 29:3 industries [1] 64:25 information [3] 17:15; 22:12; 45:2 initials[1] 30:16 injured [1] 56:15 injuries [1] 56:9 injury [5] 49:2; 56:13, 14; 58:15; 59:18 Inscribed (1] 67:20 instance [3] 21:11; 36:17; 62:2 instead [1] 21:18 institute [3] 50:22; 52:16; 58:20 instruct [1] 35:8 instructions [2] 4:9, 10 insulting [1] 4:19 insurance [10] 7:4, 9, 16; 44:15, 18; 46:17; 59:20; 60:13; 64:23, 25 integrity [1] 37:9 interaction [2] 23:10; 35:2 0 • 0 interest [2] 12:9; 20:2 interested [4] 13:23; 16:24; 17:24; 65:11 interfered [1] 39:12 interim (11 37:5 Introduced [11 34:16 introduction [1] 3:20 investigator [2] 6:24; 717 involved[1] 64:22 involving [2] 21:6; 62:2 ischemic [t] 50:10 isn't [2] 4:4; 38:12 issue [3] 3:20, 23; 49:25 -.1- January [t] 33:15 Jeff [1] 10:12 jim [2] 46:23 Joan [5] 1:4, 10, 22; 3:15; 15:2 job [4] 7:13, 19; 45:8; 52:25 jobs [4] 56:10; 64:21, 25; 65:2 joined [1] 58:9 jr [4] 1:9; 2:3; 3:8; 6:4 junkyard [t] 11:21 jury [1] 1:5 .K. keep [3] 30:8; 56:5; 64:15 keller [23] 1:4, 10, 22; 3:15, 16, 18, 22, 24; 9:5; 15:2; 17:4, 6; 23:11; 28:24; 29:10, 14; 34:15; 41:24 keller's [12] 1:3, 10, 22; 3:14; 4:3; 14:7, 9, 12; 16:3, 12; 19:22, 25 kept [1] 63:24 kids [2] 10:6, 8 kind [13] 4:19; 10:8; 18:19; 19:10; 22:12; 25:5; 26:4; 27:14; 50:19; 54:23; 55:12; 56:13; 58:18 knee [12] 47:17, 19, 21, 25; 48:8, 11, 12, 14, 15, 16,19 knew [9] 10:15; 16:20; 22:6; 32:4, 8; 57:14; 63:11; 65:8, 9 knocked [2] 17:24; 1924 knocking [1] 17:13 knowledge [t] 48:21 knows [1] 14:22 -L- lack [11 21:22 lady [2] 14:21; 23:20 land [1] 28:7 landed [6] 20:18; 27:9; 31:16; 32:13; 33:2; 39:15 landing [1] 27:23 last [5] 7:1; 33:1; 52:7; 55:15; 56:17 later [5] 20:7; 33:11, 12,13; 49:4 law [3] 1:3; 53:8, 12 lawyer [5] 35:12, 21; 36:1, 3; 37:3 lawyers [11 28:14 leading [1] 39:14 leather [31 26:8, 11, 12 leave [2] 34:24; 50:13 left [17] 20:12; 22:16; 25:22; 27:19; 28:5; 32:8, 14, 15; 41:4, 7, 11; 43:21; 47:16; 48:11, 14, 17, 18 leg [21] 20:11, 12; 22:16, 25; 24:8, 11, 16; 25:22; 32:1, 14; 414, 7, 8, 11, 14, 16, 17, 18, 20 legs [11 54:16 less [4] 52:19; 62:25; 63:1, 2 level [2] 29:22; 58:8 lewisberry[1] 10:25 life [11 52:21 lifting [3] 52:19; 53:3, 4 ligament [1] 48:2 limit [1] 52:18 limitations [2] 52:17; 57:24 limited [1] 55:18 limp [1] 47:15 line [2] 26:7; 40:24 listen [1] 5:15 little [10] 6:17; 9:24; 10:6; 39:6; 43:3; 49:10; 56:5, 8; 58:6; 59:9 live [3] 9:13; 10:21; 46:15 lived [1] 11:3 lives [1] 47:2 living [1] 10:19 load [3] 61:7, 11, 13 loaded [1] 44:12 location [1] 9:15 long [11] 6:16, 20; 7:13; 11:3; 47:20; 51:18; 55:22, 23; 59:1, 5; 65:14 longer-tens [1] 65:21 look [8] 12:16; 15:22; 26:21; 27:17; 29:11; 31:5; 42:5,17 looked [1] 49:13 looking [e] 9:9, 15, 16; 14:13; 25:18; 29:14; 42:3; 65:16 loss [6] 7:3, 15; 21:23; 50:11; 60:19 lost [4] 30:12; 60:20, 21; 64:25 lower [5] 21:19; 27:5; 40:23, 25; 55:20 lumbar [2] 39:2; 50:19 lupo [2] 33:18; 34:5 lying [3] 22:13; 23:3; 27:20 .M. macho (11 43:16 made [4] 10:17; 11:17; 13:22; 26:9 mailing [2] 10:23; 111 mainly [2] 28:7; 51:2 maintain [11 58:8 making [3] 34:3; 59:4; 63:2 man [4] 13:13; 16:1; 43:4; 56:24 managed [1] 53:13 manipulation [1] 49:5 march [1] 63:17 mark [3] 30:6, 8, 15 marked [1] 33:5 market [1] 62:3 marking [1] 30:6 married [3] 11:5, 9; 1422 martson [2] 1:14, 21 masks [1] 51:25 matched [1] 25:6 matter [2] 36:19; 51:22 matters [1] 35:18 meant [1] 52:23 measurable [3] 62:15, 16,17 mechaniesburg [2] 47:8, 9 medical [2] 58:24; 59:18 medications [1] 5:20 meet [1] 36:1 met [3] 36:3, 5, 8 mette [3] 1:19; 33:19; 34:6 middletown [1] 47:8 midget [11] 9:10, 11, 12, 20; 10:15; 12:9; 15:11, 24; 16:24; 17:7; 41:24 midgets [2] 9:24; 61:24 mild [1] 22:10 mind [1] 59:5 mine [4] 13:4; 46:20; 52:20; 64:23 mini [1] 50:10 minor (21 37:19, 20 minute [2] 25:15; 35:7 minutes [1] 5:11 missed [1] 59:4 misunderstood [1] 48:14 miter [11 61:12 modified [11 64:4 mom [6] 22:6; 44:25; 45:14; 49:11; 50:2; 57:14 mom's [1] 63:14 monday [1] 15:17 money [2] 58:18; 63:2 month [1] 60:17 months [5] 37:3; 51:1; 52:14; 58:9, 10 morphine [2] 39:23; 46:4 morns [1] 61:12 most [2] 12:5; 19:13 mostly [2] 37:24; 53:23 mother [2] 59:13; 63:6 mother's [2] 22:4; 49:18 motion [t] 52:12 motions [1] 36:23 mouth [1] 52:4 move [2] 46:19; 57:25 moved [3] 24:21; 45:10; 57:7 multiple [1] 50:12 muscle [1] 57:4 myself [16] 20:14; 24:8, 12, 18; 32:10; 39:25; 40:1, 14; 42:23; 44:5, 6; 46:15; 58:12, 18; 61:2, 9 mysteriously [1] 37:2 -N- names [1] 13:18 nanny [1] 50:2 near [3] 8:24; 27:2; 47:2 necessarily [1] 12:10 necessary [11 36:24 need [5] 5:10, 13; 47:1, 21; 64:8 needed [3] 7:17; 36:18; 63:14 needs [3] 35:11; 49:18; 64:6 never [3] 21:9; 62:9; 63:23 newberrytown [1] 10:20 night [1) 55:21 nobody [2] 51:3; 54:22 none [2] 2:13; 15:5 nope [11 44:3 north [2] 8:18; 9:4 notary[l] 1:12 notes [2] 59:3; 67:16 nothing [2] 46:11; 56:15 noticed [2] 9:3; 31:9 november [3] 1:13; 33:14; 67:21 now-deceased [1] 10:2 numbertl [1] 29:14 numbered [1] 28:22 nursing [1] 63:23 -O- oath [2] 4:15, 16 oaths (11 67:5 object [3] 35:13; 36:2; 39:8 objection [3] 3:19; 4:1; 39:10 objections [1] 3:5 observation [t] 60:10 observed [1] 56:18 obviously [7] 20:2; 39:17; 41:7; 48:23; 59:9; 60:5; 64:1 Offer [11 42:4 office [2] 16:12; 67:6 often [1] 13:19 oftentimes [11 36:11 old [2] 10:3; 56:24 oldsmobile [1] 65:19 on-the-job [1] 7:21 one's [1] 21:2 opened [1] 44:4 operate [1] 48:3 operation [t] 16:21 origin [11 6:23 originally [1] 8:23 orthopedic [3] 50:21; 52:16; 58:20 orthopedist [1] 52:8 0 0 otto [2] 1:14, 21 ourselves [1] 21:7 outdoor (11 55:8 outside [2] 9:9; 57:7 over [5] 6:17; 18:12; 31:10; 32:6; 58:6 overcoat [1] 19:4 overdo [1] 52:5 oversee [1] 6:12 own [2] 12:19; 61:17 owned [1] 55:15 owning [2] 55:11, 12 P- pall] 8:16 pack[7] 50:15 package [2] 60:14, 16 pad [1] 37:25 pads[1] 38:2 page [4] 2:2, 12; 32:7, 23 pages [2] 28:23; 35:11 pain [15] 23:2; 38:25; 39:2; 40:21; 41:4, 18; 49:1; 51:1, 6, 17, 19, 21, 22, 25; 64:18 pain's [2] 52:1; 55:20 painkillers [2] 5:24; 51:13 pains[1] 37:21 pam [2] 33:24; 34:2 parents [2] 45:7; 63:23 park [11 43:25 parked [4] 14:2, 15; 16:3; 44:1 parking [3] 14:2; 25:19; 44:1 part[8] 4:21; 16:20; 19:21; 30:2; 43:16; 51:7; 60:13,16 particular [6] 9:15; 10:1, 3; 12:6, 16; 36:16 parties [1] 3:3 pass [2] 43:22; 57:15 passed [6] 9:18; 22:10; 45:14; 63:20, 25 past [1 ] 51:1 pastime [1) 62:13 patience (1] 65:25 paul [4] 40:4, 6, 7 pay [5] 58:19; 60:14; 61:4, 6, 9 pedal [1] 9:23 pending [1] 29:7 penn [8] 6:19, 20, 25; 7:5, 24; 15:20; 60:2; 64:22 pennsbury [1] 8:10 pennsylvania [11] 1:1,15; 6:10; 8:13, 24; 11:1; 45:7; 50:22; 52:16; 67:1, 7 pennsylvanians [1] 9:1 people [14] 9:23; 14:20; 15:3, 6, 24; 16:15; 17:16; 19:2; 28:14; 43:3; 61:4, 6; 65:2, 23 perhaps [2] 4:6; 21:5 permission (1] 33:21 person [3] 9:13; 18:3; 37:9 personally [1] 60:14 perspective [2] 31:15; 32:6 ph [1] 61:12 pheasants [1] 53:24 phone (1] 26:9 photograph [2] 28:15; 32:20 photographer [2] 29:18; 32:6 photographs [3] 34:17, 18,19 phrase[1] 41:19 physical [5] 49:8; 51:4,10: 56:1; 59:7 physician [21 58:21, 22 physicians [1] 56:16 pick [3] 46:20; 61:8, 13 picture [4] 27:22; 29:12,18; 31:14 pictures [2] 33:9, 10 pike [6] 12:24; 13:1,2,3,16 pills [3] 51:17, 19, 21 place [3] 1:14; 8:24; 40:4 plaintiff [2] 1:1, 20 plans [t] 65:20 player [1] 37:8 pleading [1] 60:18 pleas [1] 1:1 point [8] 20:20; 21:18; 24:20; 30:22; 32:22; 49:21; 50:8; 65:21 pointed [1] 22:20 pole [2] 17:8; 42:16 pop [2] 9:2, 3 porch [2] 29:23; 31:15 posed [1] 29:11 position [1] 24:23 pounds [3] 27:2; 52:19; 58:4 pouring [2] 44:3, 4 practice [t] 57:8 precisely [2] 18:11; 24:1 prepare [s] 36:2 present [1] 23:20 pretty [6] 10:11; 13:22; 19:12; 24:17; 43:6; 57:25 price [2] 7:16; 41:24 prices [1] 16:8 primarily [1] 32:14 primary [11 41:8 printout [1] 67:13 prior [4] 37:23; 56:10; 59:25; 62:12 probably [6] 19:5, 6, 8; 32:1, 2; 36:25 problem [2] 51:19, 21 problems [6] 22:2, 5, 8, 9; 37:17, 20 proceedings [11 67:15 production [1] 6:13 public [3] 1:12; 67:4, 24 pull [3] 24:22; 32:10; 42:23 pulled [6] 24:12, 18, 19,23; 25:6; 43:2 pulling [2] 20:14; 23:15 purchased [t] 61:12 purpose [3] 36:4, 7, 15 put [15] 7:9; 14:20; 28:12; 30:16; 32:22, 23; 33:1; 37:24; 38:9; 52:3; 58:17; 61:11; 63:12, 14,23 putting [1] 39:10 Q- quarter [11] 9:9, 11, 12, 19, 24; 10:15; 15:11; 16:24; 17:7; 41:23; 61:24 question [91 3:5; 4:22; 5:17; 27:10; 29:7; 35:25; 36:21 questions [10] 3:17; 4:5; 5:15, 22; 28:15; 36:10; 37:9; 65:25; 66:1; 67:10 quickly [1] 13:23 quite [5] 33:11; 39:17; 52:22; 53:9; 63:11 quoting [1] 24:1 -R- r-ea-m [1] 47:3 r-ea-m [2] 47:4, 5 race [2] 10:7; 55:9 raced [2] 9:24; 55:13 racer [5] 9:11, 12, 15; 15:24; 41:24 racing [2] 10:9; 55:21 radiated [1] 41:21 rain [4] 19:9,10,12 raincoat [1] 19:4 raining [4] 14:18; 19:1, 13; 30:20 range [1] 52:12 rare [1] 10:3 rather [2] 5:1; 51:23 reading [1] 3:3 ready [1] 43:22 real [4] 12:1; 14:19; 48:7; 57:14 reason [5] 15:19; 26:24; 41:13; 51:7; 57:11 reasons 11 ] 46:17 recall [37] 15:15; 16:3, 6; 19:5, 11, 14, 15, 19,20: 20:1, 15; 22:7; 23:4; 24:7, 24; 25:12, 13; 26:2, 3, 25; 33:17; 34:10; 41:25; 42:13, 15, 19, 22, 24; 43:7, 8; 44:20; 45:20, 23; 46:5; 56:22 recalls [1] 17:6 received [1] 39:7 recently [1] 59:8 reception [1] 14:23 recognize [2] 15:2; 18:1 recollection [3] 23:9, 13,18 recommended [1] 43:11 record [9] 5:7, 8; 6:3; 10:24; 11:11, 12; 38:17; 39:11; 60:20 records [1] 49:13 reduced [2] 60:24; 67:13 reem [2] 46:23; 473 referring [1] 31:1 relate [3] 41:19; 47:21; 58:7 related 11] 59:18 relating [1] 9:5 relatively [1] 56:25 relevance [1] 35:9 relieve [1] 51:6 remember [27] 12:21, 22; 17:5, 12; 18:17, 23; 20:6, 14, 21; 21:19; 22:1, 12; 23:15; 26:24; 33:25; 40:1; 42:1, 2, 12, 14, 22; 43:20; 44:24; 45:1, 24; 46:8 repair[1] 6:12 repaired [1] 31:3 repeat [1) 23:12 reply [1] 42:12 reporter [4] 1:12; 4:12; 23:21; 67:14 reporter-notary [3] 67:4, 12, 24 represent [3] 3:15; 35:6; 36:19 represented [2] 3:18; 4:3 representing [2] 3:14; 35:20 reserve (11 36:23 reserved [1] 3:6 respective [1] 3:3 response [3] 4:11, 23; 24:6 result [5] 36:19; 50:20; 56:18; 60:21, 25 resumes [1] 65:22 retain [2] 35:6; 36:18 right [105] 5:5, 18, 24; 10:10; 11:24; 12:18; 13:5, 7, 16; 14:5, 23, 25; 15:8, 23; 16:18; 17:2, 17; 18:14; 20:8, 21; 21:4, 9; 22:5; 23:2; 24:5, 10, 20, 25; 26:7, 10; 27:6, 13, 18, 23, 25; 28:1, 2, 4, 8, 9, 13; 29:2; 30:4, 11, 16, 22; 31:19, 21, 22; 32:11, 19, 22; 33:1, 4; 34:5; 36:22, 23; 37:11; 38:2, 7, 12, 23; 40:9; 41:2, 8, 10; 42:4, 17; 43:10; 44:18; 46:2, 13; 47:11, 16; 48:8, 11, 12, 15, 16,25; 49:3, 7; 50:10; 51:4; 52:3; 53:13, 25; 54:8, 25; 55:6; 57:1, 16, 25; 58:5; 59:10; 60:3, 16; 62:1, 7; 63:8; 64:10; 65:20, 24 right-hand [1] 32:7 rightfully [11 49:5 ringing [1] 26:9 rise [1] 21:12 road [4] 9:20; 10:25; 13:15; 14:1 roads[1] 13:18 roam [1] 50:11 rocks [1] 54:12 roof (1] 58:17 room [4] 36:15; 45:22, 24; 46:6 route [1] 12:19 rugby [11 37:8 0 E run [1] 51:18 S- safe [1] 45:11 sale [3] 14:6, 7; 16:6 sales [4] 6:19, 20, 25; 7:5 salesperson [1] 16:10 salvage [11 14:3 sanctions [1] 36:24 saw [1] 33:8 scale [11 52:21 scan [2] 49:15, 22 scans [1] 49:22 scene [2] 42:15; 45:22 schedule [1] 49:17 scheduling [1] 49:25 school [5] 7:20, 22, 23; 8:9; 53:9 scot[ [18] 1:3; 3:16, 22, 24; 4:3; 9:5; 15:2; 17:25; 18:23; 22:1; 23:10; 34:14; 38:16; 41:24; 42:17; 47:13, 14; 56:20 scoff's [2] 3:25; 4:4 screw [2] 31:9; 33:6 sealing [1] 3:3 seeking [1] 36:23 seem [2] 19:17; 49:21 seemed [2] 36:6; 59:9 seen [2] 21:5; 2618 sell [4] 62:11, 21, 22,23 selling [2] 14:12; 62:3 send [3] 38:5; 46:12; 61:13 sensation [2] 18:11; 21:19 sense [1] 62:6 sent [11 17:1 separated [1] 62:9 september [6] 9:6; 19:6; 38:17; 45:17; 63:21, 22 services [1] 7:11 several [11 9:14 severe [5] 39:24; 40:21; 41:4, 5; 44:23 severely [1] 45:9 shape [1] 58:13 sharing [1] 22:12 she's [2] 23:21 shed [1] 14:20 shock [11 38:1 shocked [1] 23:22 shook [1] 4:8 shop [7] 6:8, 11, 14; 61:14,17, 18, 20 short [1] 56:25 shot [1] 46:3 shoulder [3] 27:20; 28:9; 32:9 showed [1] 46:10 shuttle [2] 44:8 side [6] 26:5; 27:19; 28:5, 12; 32:7, 15 sight [11 50:12 sign [1] 59:4 significant [1] 62:13 signing [1] 3:3 signs [1] 19:20 silver [1] 55:13 simple [1] 61:7 sir [2] 6:7; 9:4 sisters (11 45:6 sit [2] 7:13; 24:22 sitting [4] 9:20; 16:25; 55:22; 59:17 situation [2] 45:6; 56:3 situations [2] 18:19; 21:6 slid [1] 26:3 sliding [1] 22:13 slightly [2] 11:20, 22 slip[2] 21:21; 28:3 slipped [7] 18:8, 9; 20:17, 20; 23:24; 24:2; 29:19 slippery[1] 19:17 slipping [t] 18:13 slow [3] 8:25; 63:6, 16 smack [1] 23:23 small [2] 14:19; 53:23 smarter[1] 53:10 snyder [7] 1:1, 9; 2:3; 3:8, 13; 6:4; 67:8 soft-tissue [1] 49:2 sold [3] 7:1; 13:6 someone [1] 58:19 something's [1] 40:2 sometimes [3] 12:22, 23; 21:11 son [1] 36:9 sorry [16] 4:19; 7:2; 8:16; 10:23; 14:24; 26:9; 28:17; 29:2; 30:8; 34:19; 38:14, 16; 40:19; 48:13; 52:22; 65:5 sort [1] 5:3 sounded [1] 27:11 source [1] 62:13 spasms [4] 41:1, 2, 3; 57:4 speak [4] 15:6; 17:3; 40:6; 63:18 speaking [1] 12:20 special [3] 10:17; 11:16,17 specifically [1] 64:18 spend [1] 58:18 spending [1] 57:17 spirit [8] 40:9, 10, 14; 43:11, 13, 14, 21; 48:22 spirit's [1] 43:24 spoke [3] 16:1; 18:3; 40:7 sportsman [2] 55:14,15 spot [1] 27:6 spring [11 12:7 springs [1] 55:13 sprint [1] 9:10 as [1] 67:1 stairs [1] 19:16 stand [2] 56:6, 8 standing [4] 14:21; 27:23; 55:22; 56:6 start[2] 18:7; 36:12 started [2] 18:20; 24:21 starter [1] 10:8 state [1] 7:24 statement [11 27:11 states [2] 56:11; 60:18 stay [2] 57:8; 65:14 steady [2] 19:10, 12 steel [2] 47:6; 56:11 stenotype [1] 67:11 step [31] 18:24; 20:15; 21:11; 26:8, 13, 14, 16, 17; 27:8; 28:3, 5, 6, 10; 29:19, 22, 23, 25; 30:11, 12, 23; 31:11; 32:10, 16, 17, 18; 33:6; 39:5, 7, 15 stepdad[i] 10:12 stepped[1] 27:23 steps [44] 3:16, 23, 25; 17:24; 18:7, 10, 20; 19:20; 20:14, 21; 21:6, 8, 10, 12, 14, 17; 22:14; 23:16, 24; 24:12, 19, 23; 25:1, 3, 4, 6, 9, 25; 26:1, 3; 27:10, 14, 15, 17, 21, 22; 28:11; 29:6, 15, 18, 21; 42:15, 21; 56:24 still [8] 25:25; 30:20; 39:6; 42:8; 43:3; 45:3; 46:25; 57:3 stipulated [1] 3:2 stipulation [1] 3:1 stone [1] 31:20 stoner [8] 38:15, 16, 21; 47:14; 49:14; 56:20; 58:20 stop [2] 17:3; 51:23 stopped [1] 44:9 stories [11 36:13 story [1] 36:5 straight [3] 24:18; 36:6,10 strauser[1] 58:24 street[1] 1:14 stretch [t] 56:5 stretches [1] 51:9 stretching [1] 59:6 strictly [2] 21:20; 62:6 striking [1] 39:7 stroke [2] 22:10; 63:18 strokes [2] 22:10; 50:10 strong [1] 53:11 structural [2] 8:4; 56:18 structurally [1] 56:22 studied [1] 53:11 stuff [7] 9:2; 27:20; 52:13; 61:2, 24; 64:8, 14 stunned [4] 23:4, 8, 14; 40:1 subcontractors [1] 65:1 suburban [2] 13:21; 40:17 such 111 65:1 suffered [2] 3:16; 50:9 suit [1] 9:4 summer [1] 12:7 super [2] 55:13, 15 sure [5] 10:12; 15:23; 16:2; 24:17; 59:4 surface [1] 21:18 surgery [7] 47:19. 22; 48:4, 9, 16; 50:20; 51:2 swear[s] 15:21 swing [1] 64:3 switch [1] 64:21 sworn [2] 3:9; 67:10 symptoms [4] 38:21, 23; 39:24; 59:10 T- table [11 38:9 taking [7] 5:20; 33:9; 34:17, 18, 19; 51:17; 67:9 talk [2] 8:25; 34:15 talked [1] 20:2 talking [7] 19:2; 35:24; 36:12; 37:14; 43:4; 62:4; 65:22 tammy [3] 1:11; 67:4, 23 tears [1] 48:2 telephone [2] 17:8; 4216 tell [12] 5:16; 12:21; 14:6; 17:21; 30:12; 35:11; 44:19, 23; 46:9; 51:23; 53:6; 56:21 telling [1] 52:1 tend [1] 54:24 term [1] 64:17 terrible [t] 44:22 testified [1] 3:9 testimony [3] 2:1; 67:8, 20 tests [1] 49:6 than [10] 10:6; 12:3, 5; 21:15; 26:21; 51:13; 53:10; 58:14, 20; 64:17 therapies [1] 51:4 therapists [1] 56:1 therapy [6] 49:8; 50:25; 51:5, 11; 56:1; 59:7 thinking [1] 15:19 though [4] 9:13; 24:24; 29:22; 63:5 thought [7] 20:11; 22:18; 36:9; 40:11; 41:15,17; 48:13 three-bay [1] 61:20 throw [1] 32:2 tim [2] 13:13; 42:14 time [25] 3:6; 5:10; 7:13; 10:19; 12:5, 15; 21:8; 24:8; 28:14; 30:20; 35:1, 20; 44:3, 22, 25; 45:3; 47:15; 49:12; 52:7; 55:15; 57:1, 17; 59:12; 62:12; 63:13 times [5] 23:24, 25; 24:3; 49:14; 50:12 today [2] 18:1; 59:17 together [3] 36:5, 12,15 told [14] 9:19; 10:14; 13:13, 14; 14:5, 9; 23:14; 33:8; 42:7, 14; 45:25; 48:22; 50:19; 56:17 took [14] 12:19; 39:17; 44:12, 13, 23; 45:8, 19, 24; 47:7; 48:1; 50:4, 5; 64:25 tool [2] 26:11; 39:5 tooled [1] 26:11 top [4] 20:23, 25; 26:14; 27:23 torn [1] 39:17 torrential [1] 19:9 total [2] 7:3, 15 totally [3] 24:24; L J 0 unattended [2] 42:22; 62:20 towards Ill 32:19 town [2] 9:17; 11:15 traction [3] 21:22, 23,24 trailer [6] 15:13; 17:1, 10, 23; 19:21; 28:1 trailer's 111 28:2 trained [1] 23:21 training [2] 7:20, 21 transcript[1] 67:18 treat [3] 39:21, 22; 57:6 treated [4] 37:5, 13; 39:1; 49:1 treating [1] 56:16 treatment [2] 37:6; 38:8 tremendous [1] 40:16 trial [3] 1:5; 3:6; 67:6 trip [5] 10:17; 1115, 17; 12:3; 18:12 tripping [1] 21:16 trouble[1] 19:17 truck [13] 25:18; 32:4, 5, 6, 23, 24; 40:1, 3, 5; 42:20, 23; 43:2; 61:11 truth [1] 44:19 truthful[1] 4:17 try[2] 44:5; 58:12 trying [5] 24:8; 42:23; 51:2, 22; 56:5 tucked [1] 41:15 turkey [1] 53:23 turn [5] 13:14, 15, 22; 32:10,12 turned [3] 14:1; 18:7; 29:17 turner [4] 6:8, 9; 65:6, 7 turnpike [3] 12:21, 23; 13:5 twelve [t] 1:5 twist[s] 32:12 twisted [1] 31:24 twoanda-half [1] 55:17 type [5] 4:11; 37:20; 38:7; 50:25; 60:10 -U- um-hum [12] 14:10, 16; 15:25; 16:5; 17:11; 20:9; 25:17; 26:20; 30:25; 44:14; 49:16; 57:20 50:13,14 unclear [2] 5:16 under [9] 4:15, 16; 18:15; 22:25; 30:17; 32:2, 14; 41:20; 67:13 underneath [8] 20:12; 22:16, 18, 21, 22; 23:1; 25:22; 41:15 understand [8] 4:15; 9:8; 13:20; 28:16; 37:8; 52:3, 22; 62:20 understanding [2] 5:21; 57:23 understood [4] 5:17; 16:18; 51:10; 63:10 united [1] 56:11 unlikely [1] 36:25 unloading [1] 53:4 unnatural [1] 41:20 unpleasant[1] 35:2 unusual [1] 10:4 up [76] 7:9, 12; 9:20; 11:22; 12:1, 2, 23; 13:14, 15, 19; 14:1; 15:22; 17:23; 19:16, 17; 20:10, 12, 14; 21:14, 16; 22:16, 18, 21, 22, 25; 23:15, 16; 24:8, 11, 12, 16, 18, 19, 22; 25:7, 22; 27:17; 28:12; 32:2, 10, 18; 37:2; 39:25; 41:12, 13; 42:23; 43:2, 20; 44:2, 6, 8, 10, 12; 45:23; 46:5, 20; 47:2; 48:7; 49:8; 51:17, 22; 54:8, 13; 56:6, 8; 59:6; 61:8, 13, 14; 62:3, 9, 22 upright [1] 24:23 used [16] 1:3, 10, 22; 3:14; 14:12; 16:12; 19:22, 25; 24:14; 53:16, 17, 20; 54:10; 62:4, 18, 21 _V_ valley [1] 58:24 variations [11 7:7 vehicle [4] 7:15; 11:15; 14:12; 42:17 vehicles [4] 7:3, 6, 12; 62:21 verbal [1] 4:11 verbatim [1] 36:7 versus [1] 18:12 view[1] 35:1 village[1] 45:7 visit[1] 13:9 voltage [1] 38:3 _yy_ wade [1] 55:2 wages [2] 60:19, 21 wait [2] 25:15; 35:7 waived [1] 3:4 walk [6] 17:18; 41:23; 44:10; 46:14; 51:8; 52:6 walked [6] 17:20, 21, 23; 19:16, 17; 47:15 walker[1] 64:5 walking [2] 42:15; 56:24 wallet [11 45:25 wanted [4] 20:5; 36:5; 46:17; 49:15 wanting [1] 20:6 watch [2] 18:23; 50:2 water [4] 5:14; 7:12; 55:2; 62:10 wayne [5] 1:4, 10, 22; 3:15; 15:2 wayside [t] 65:19 weakness [1] 54:15 wearing [1] 19:4 week [2] 9:14; 15:14 weigh [1] 58:5 weight [1] 58:1 went [25] 7:13, 22; 17:18, 23; 18:14; 20:12; 21:2; 24:16; 26:21; 29:6; 31:23; 33:24; 34:2; 37:11; 42:10; 43:18; 44:4; 46:20, 21; 47:12; 48:7; 49:10; 50:21; 53:8; 54:20 west [2] 8:18; 9:4 wheelchair [2] 44:12; 64:5 when's [2] 52:7; 55:15 where's [2] 6:9; 8:11 whereof [1] 67:20 wherever [1] 32:13 whip [1] 28:15 who's [5] 42:7; 46:24; 51:10; 54:18; 58:23 whole [11 22:25 whose [1 ] 3:16 wife [2] 14:21; 6210 williams [2] 1:14, 21 willing [1] 42:4 wind [1] 51:17 winded [2] 23:6, 7 wish [1] 53:11 witness [6] 3:8; 4:8; 30:10; 32:25; 34:2; 67:10 witnesses[1] 36:12 woke [1] 46:5 woman [3] 16:1; 34:7; 43:4 wondered [2] 22:7; 24:8 woodside [2] 1:19; 34:6 words [3] 12:19; 28:15; 52:4 work [15] 6:13, 18, 20; 9:19; 47:5; 51:3; 52:17, 18; 53:9; 60:14, 21; 61:4, 21, 22; 64:3 work-related [1] 56:9 worked [2] 6:16; 65:2 worse [1] 43:17 worth [2] 20:7; 37:9 write [2] 30:1, 3 written [2] 16:8; 50:24 wrong [2] 22:20; 40:3 X_ x-rays [3] 46:7, 9; 48:23 Y- yard [3] 16:25; 17:8; 50:11 year [7] 6:17; 7:25; 12:4, 5; 33:13, 15; 58:16 years [8] 6:21; 11:4; 33:13; 45:15; 55:17; 59:2; 63:25; 64:21 yellow[1] 35:11 yep [12] 18:22; 23:17; 25:24; 29:20; 30:19; 31:13; 33:7, 20; 38:6; 43:12; 55:25; 6116 york [1 ] 10:25 you'ns [1] 9:2 young [1] 34:7 yourself [10] 23:16; 24:11, 22, 23; 25:6; 43:2, 6, 13; 51:18; 59:14 Z- zip [1] 11:1 riECFI\/F=L DEC 07 2005 ft Ar Air 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 MINUSCRIPT 1 CLARENCE "BUD" SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4083 KELLER'S USED CARS, SCOTT CIVIL ACTION - LAW W. KELLER, JOAN E. KELLER,: and WAYNE P. KELLER, Defendants. JURY TRIAL OF TWELVE DEMANDED DEPOSITION OF: SCOTT W. KELLER TAKEN BY: Plaintiff BEFORE: Tammy L. Bock, Court Reporter, Notary Public DATE: November 14, 2005, 12:15 p.m. PLACE: Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, Pennsylvania APPEARANCES: METTE, EVANS &.WOODSIDE BY: ANDREW H. DOWLING, ESQUIRE FOR - PLAINTIFF MARTSON, DEARDORFF, WILLIAMS & OTTO BY: DAVID A. FITZSIMONS, ESQUIRE FOR - DEFENDANTS KELLER'S USED CARS, JOAN E. KELLER and WAYNE P. KELLER DOUGLAS LAW OFFICE BY: WILLIAM DOUGLAS, ESQUIRE FOR - DEFENDANT SCOTT W. KELLER Reporting Services 57 • 717-258-3657 • 717-258-0383 fax courtreporters4u Gaol com • 1 1 COURT OF C3VMCN PIFAS OF CLARENPE SNYDER, IN THE 1 II1>O('ID TEST1DfIiY 3E R l.tif Plaintiff, CUMBERIAryD COUNTY, , PENNSYLVANIA 2 2 DEPOIIDJT EXNIIN4TION PPS£ V. NO. 02-9083 3 3 Scott W. Keller By Mr. W,+linq 4 FL CARS, CML ACTION - LAW IER'S USED A W. J( HELLEN, JINN E E. . EiiFRLER,: 4 By Mr. Fitzsimons 39 iiFR, and WAYNE F 5 r Defendants. JURY TRIAL OF TWELVE DEM+IND6D 5 By Mr. IbUglas -- 6 6 7 7 8 DEPOSITION OF: SCOTT W. EFITER H 9 TP,REN BY: Plaintiff 9 10 BEFORE': Tammy L. Bock, 10 Court Reporter, Notary Public 11 11 1AIDC 10 F:!®I1S PATE: November 14, 2005, 12:15 p.m. 12 12 NJ. CESCRIPTICdt PAGE Williams & Otto Mattson, PLACE: 13 T. Eas EasHigh Street T. East High Stre eet 13 1 Drawing 9 Carlisle, Pennsylvania 14 19 2 Picture 32 15 15 3 Picture 32 16 APPEARANCES: 16 4 Picture 32 17 METTE, EVANS 6 WOODSIDE 17 5 Picture 32 BY: FNDAFW H. DOWLING, ESQUIRE 18 FOR - PLAINTIFF 18 6 Picture 32 19 MART.GJN, DEARDORFF, WILLIAMS & OTTO 19 7 Picture 32 BY: IRdD A. FITZSIMONS, ESQUIRE 20 FOR - DEFEM`ANTS FECTER'S USED CARE, JOAN 20 8 Picture 32 E. FLIER and WAYNE P. KELLER 21 21 9 Picture 32 DOUGLAS IN4 OFFICE 22 BY: WILLIAM DOUGLAS, ESQUIRE 22 10 Picture 32 FOR - CEF kU S= W. =FR 23 23 11 Picture 32 24 24 12 Pictuxe 32 25 25 13 Picture 32 3 9 _ 114= TO EXHIBITS (Ilf'D) 1 STIPULATION 2 W . DESCRIPTION PACE 2 It is hereby stipulated by and between counsel 3 14 Picture 32 3 for the respective parties that reading, signi ng, sealing, 4 15 Picture 32 4 wrti£ication antl filing are hereby Waived; an d that all 5 16 Picture 32 5 objections except as to the form of the questi on are 6 17 Picture 32 6 reserved to the time of trial. 7 18 Picture 32 7 8 19 Picture 32 8 StO Tf W. NEIdFR, called as a witness, being duly 9 20 Picture 32 9 sworn, Was examineb and testified as £ollaas: 10 21 Statement 36 10 11 11 EXXqaAT'IIN 12 12 BY MR. DO LING: 13 13 Q Could you state your full name? 14 14 A Scott Wayne Keller. 15 15 Q And Where do you live? 16 16 A 9 Gasoline Alley, Carlisle. 17 17 Q And Who rb you live there withl i6 18 A My son. 19 19 Q Now old is your son? 20 20 A 20. 21 21 Q And do you oHn or rent at that loca tion? 22 22 A I a.m the mobile home. 23 23 Q And Who o x the property? 24 24 A My father. 21 25 Q Just your father? • • 0 6 1 A Yes, 1 Q Se your last official employment was helping 2 Q That's Wayne? 2 your dad sell cars? 3 A Yes. 3 A Right. 4 Q And haw long have you lived there? 4 Q And when did you last do that? 5 A toy, 20 years. 5 A It would have been probably 2001, 2002. 6 Q And what's your date of birth? 6 Q Okay. What's your -- how far did you go in 7 A 2(15/67. I school? 8 Q What's your son's narre? 8 A 7th grade. 9 A Matthew. 9 Q Besides helping your dad sell cars, when were 10 Q How long has NattheW lived there? 10 you previo usly employed other than with your dad? 11 A 20 years. 11 A I would almost have to look that up. It would 12 Q So obviously both you and Matthew were living 12 have been roughly around '89. 13 there at t he time of the accident on September 25th, 2000? 13 Q Okay. Do you remember who that was with? 14 A Right. 14 A Yeah, Sac, Incorporated. 15 Q Okay. How are you employed? 15 Q Sac? 16 A Right now, I'm disabled. 16 A Yes. 17 Q Intl what's the nature of your disability? 17 Q S-a-c-k? 18 A Back. Do you want the actual - is A S-.-C. 19 Q Were you injured on the job at sate point? 19 Q And what kind of company are they? 20 A No, arthritis and WJ or WD, something like 20 A Towing carpary for the turnpike? 21 that. 21 Q What is it? 22 Q Okay. When did you last work? 22 A Towing. 23 A I help my father sell cars now and then. I've 23 Q Okay. Ed you recall when you became disabled? 24 always had back problems that kept me from doing rxrtain 24 A Well, office ally that was last year. 25 things. 25 Q Okay. 7 a 1 A I mean, as far as the doctor saying I'm 1 Q Just generally. 2 disabled, yeah, last year. 2 A I think it was '89. 3 Q How about unofficially? 3 Q Started in 'a91 4 A Well, that would have been long ago. I've 4 A Yeah. 5 always had back trouble. 5 Q Okay. It is my understanding that it operated 6 Q Okay. Ind by officially, are you getting social 6 at 13 Gaso line Ailey? 7 security d isability payments? 7 A [tight. 8 A No, only assistance. 8 Q Has it always operated there when it was in 9 Q Okay. 9 business? 10 A I got turned down for social security. 10 A Yes -- well, actually he kd a second location 11 Q When you say officially, meaning your doctor 11 for a litt le while on, ]: believe it was 1107 Harrisburg 12 said you'r e disabled? 12 Pike. 13 A Right. 13 Q Ind during what period of time did he have the 14 Q Okay, Now, is Feller's Used Cars still in 14 second location? 15 rosiness? 15 A I do not know that date. That's one to ask him. 16 A No. 16 Q How, long did he have it at the abroad location? 17 Q When did it go out of business? 17 A Pbsut one year, I would say. 18 A I believe it would be about a year and a half 1s Q Do you know if it was anywhere around the year 19 ago. M9 father would Vn that date. 19 2000 time period, or was it before that or after that? 20 Q Intl did he sell it or just close it? 20 A I believe it would have been before that. 21 A Just closed it. 21 Q Okay. Now, who -- do your folks still live on 22 Q How long had Feller's load Cars been in 22 Wolf's Street? 23 business? 23 A Wolf's Bridge Road. 24 A Well, that's another one to ask him. I really 24 Q Wolf's Bridge Road? 25 couldn't tell you the exact date. 25 A Yes. • _J • 9 10 1 Q Okay. Where was, when Keller's Used Cars was in 1 A Fry father's. 2 Waited, where was it in location to their residence? 2 Q Where your dad and man live? 3 A It's probably, I'd say, 75 feet away. I Could 3 A Right. 4 just draw you a picture. 4 Q And then you have office. Days that vean where 5 Q. Okay. Why don't you do that? Draw a picture of 5 Keller's Used Gar office is,? 6 where your folks live, were Keller's Used Cars was and 6 A That's where the car lot was. 7 then where your plat- was to try to get an overall feel of 7 Q And then you have hone. That's where your have 8 everything. 8 was? 9 A Okay. 9 A My house. 10 (Witness carplies.) 10 Q Okay. And you still live there? 11 MR. FITZSIlKDNS: Off the record while he's 11 A Yes. 12 drawing that. 12 Q Okay. Now, where in Exhibit 1 -- was there over 13 (Off the record.) 13 a sign that said Keller's Used Cars? 14 THE WITNESS: My father's house, my house, the 14 A Yeah. 15 office; the car was for sale right there. 15 Q Where would that be? Why don't you just any the 16 SR. D WLING: Why don't we mark this as Scott 16 word sign aceeplace? 17 Keller Exhibit 1? 17 A It's in here. 18 (S. Keller Exhibit no. 1 was marked.) 18 (Witness corplies.) 19 BY MR. DIMLING: 19 Q You wrote the word sign where Keller's Used Cars 20 Q. Okay. We've marked as Keller Exhibit 1 the 20 sign was when it was in operation? 21 diagram you drew. So you have Wolf's Bridge Road here, and 21 A Right. 22 then that's off 11 and 15, right? 22 Q is that the only sign? 23 A Right. 23 A Yes. 24 Q And then Gasoline Alley, and the strurture you 24 Q Okay. Now, I understand fion the legal 25 have corked house is - 25 dxments here that Keller's Used Cars' address was 13 11 12 1 Gasoline Alley, and - 1 A Yes. 2 Mi. FITZSDIDNS: Excuse of. You nodded your 2 Q Now, is the property imnediately adjacent to 3 head. Was that a yes? 3 that, would that be 99 Wolf's Bridge Road? 4 THE WITNESS: Yes. 4 A No, because you also have a hobile hone here, 5 BY W. DWLING: 5 which is 5 Gasoline Alley. 6 Q And your folks' house was 99 Wolf's Bridge Road? 6 Q Okay. So between what you have rzarked as the 7 A Yes. 7 office and the house, meaning your folks' house, there's 8 Q And yours cods 9 Gasoline Alley? 8 another property location of 5 Gasoline Alley? 9 A Yes. 9 A Yes. There's also a garage, but that does not 10 Q Can you explain on this Exhibit 1 where the 10 have an addeass. 11 property lines were for those three locations? 11 Q Okay. In September of 2000, who lived at 5 12 A I mean, it's ail his property -- 12 Gasoline Ailey? 13 Q. So loth -- 13 A Larry Rhody. 14 A. -- but as far as the car lot, I mean, I can draw 14 Q Hod do you spell Rhody? 15 you an area where it was, where it is actually. 15 A R-h-od-y. 16 Q Okay. Go ahead, maybe in dotted lines where you 16 Q Say it again. 17 think the car lot was. 17 A R-h-od-y. 18 (Witness ca plies.) 18 Q Okay. Does he still live there? 19 A Sarething like that. 19 A No. 20 Q Okay. So for the record, on Exhibit 1, to 20 Q Okay. Bur in September 2000, he did? 21 signify the car lot, you drew it in dotted lines, and you 21 A Yes. 22 wrote the word car lot? 22 Q Was 5 Gasoline Alley also arced by your folks? 23 A Yes. 23 A The lot is; the trailer is not. 24 Q Okay. Now, so what you drew, in dotted finds is 24 Q Okay. And yours was 9 Gasoline A11ey. Were you 25 what you're indicating is 13 Gasoline A11ey? 25 landlocked, or how did you get back to your place? • • 13 14 1 A There was, theme-5 a road that take., you back 1 Nr(i. DOWLING: Yeah. 2 that way. 2 MR. FITZSI'MS: That way we'll have a -- 3 Q Okay. So the road would be - 3 THE WITNESS: And the garage? 4 A It's not remed. 4 NF. DURLING: And the garage, yeah. 5 Q Why don't you kind of draw a line indicating a 5 W. FITZSIIIONS: Pod this isn't to scale, I 6 read, how you get from Gasoline Alley back to your place? 6 assure. 7 WitnaSs "Wlies. 7 THE WITNESS: Far from it. 8 A. Sanething like that. 8 BY MR. DOWLING: 9 Q And why don't you - 9 Q Okay. So you drew a structure. Is that 10 A I can mark it road. 10 supposed to be a trailer for 5 Gasoline Alley? 11 Q - mark it road to Scott's? 11 A Yes. 12 A. 9 Gasoline Alley? 12 Q And then there's a structure that you have 13 Q. Beg your pardon? 13 garage ki nd of by itself? 14 A. Road to 9 Gasoline Alley' 14 A Yes. 15 Q Yeah. That'd be fine. 15 Q And what property is garage on? 16 (Witness ccrplies.) 16 A That is just a rental. He tents the garage out. 17 Okay. So then we have your folks' house, 5 27 Q Is it -- 18 Gasoline Alley, 13 Gasoline Alley and 9 Gasoline Alley? 18 A At that time, I was working in there trying to 19 A Right. 19 make extra money. It was storage, used it for storage. 20 Q Okay. 20 Q Okay. What property is that garage on? 21 A . FITZSUSGNS: I'm sorry. Is 5 Gasoline Alley 21 A It ckesn't have a physical address, so I don't 22 marked on that drawing? 22 know. 23 M. DOZING: No. 23 Q Okay. We have 5, 9, 13. Okay. 24 MR. FITZSBDNS: Could you have him do that, 24 A It was never designated an address. 25 please? 25 Q Do you know, if it's pert of 5 Gasoline or part 15 16 1 of 13 Gas oline? 1 you were working in the garage? 2 A It could be considered 13, but now, it's fencoxi 2 A Yeah, off ani on doing freelance metlianical 3 off. 3 work. 4 Q I mean, back in September of 2000. 4 Q And you used the garage as your workplace? 5 A Back then, yeah, it could be considered 13. 5 A tight, yes. 6 Q Okay. 6 Q And who wined the garage on September 25th, 7 A I measured off the distance between my Mme and 7 2000? 8 where the car was, if that matters. 8 A My father. 9 Q Sure. What's the distance? 9 Q Okay. Did you pay rent for the use of that 10 A r came up with 270 feet. 10 garage? 11 Q You're talking about the quarter midget car? 11 A I did odd jobs around the property for him, and 12 A Yes. 12 that was the way I pay rent, same with my mobile ham lot 13 Q Where was tie car on the day in question, on 13 rent. 14 SepteWner 25th, 2000? 14 Q Odd jobs around what property? 15 A I have it marked. It was drained to a telephone 15 A Maintenance in the property, his entire 16 pole in f ront of their house. 16 property, 17 Q Okay. So you have the word car kind of adjacent 17 Q including 13 :asoline Alley? 18 to Wolf's Bridge Road? 18 A I don't really do anything there, no. I mean, 19 A It was right along the read. 19 as far as yard work -- 20 Q It was chained to what? 20 Q What kind of yard work? 21 A A telephone pole. 21 A I put a little fence up for him and stuff like 22 Q Okay. And was the car, what property was the 22 that, as far as mowing grass and trimming trees. 23 cer on? 23 Q Eo putting up a fence, mowing grass, trimming 24 A 99 Wolf's Bridge Rea J. 24 trees; what other kinds of odd jobs? 25 Q Okay. And you're saying in September of 2000, 25 A That's about -t. If sanething happens with the Ll 17 18 1 we11 house , I work on it. 1 cost. 2 Q The well house? 2 Q Lek in September of 2000, did your dad and men 3 A Yes, for water. 3 have any employees at Keller's Used Cars? 4 Q Okay. Was there any grass to be mower on the 4 A No. 5 car lot at 13 Gasoline? 5 Q So they world, when samone carte about a use, 6 A No. 6 they would deal with them directly? 7 Q was there any trees to be tcinned on that lot? 7 A Right -- us, we did -- I didn't understand you 8 A No. It was stone. 8 right. We had salesmen, but they didn't work at the car 9 Q What property is the well house located on? 9 lot. They mainly dealt in auctions, so it's not like they 10 A In between the garage and 5 Gasoline Alley. 10 were at the car lot selling cars. Only my father did that. it Q Okay. Do you know physically what property that 11 Q The saleemen could go to places and get used 12 would be on? 12 cars and bring then to your dad and get a emission for 13 A It would be considered 5, I would say. 13 that? Is that the way it worked? 14 Q Okay. Prior to Septerber 25th, 2000, did you 14 A No, not really. It was more like buy a used 15 ever do an y type of odd jobs on the car lot property, 13 15 car, clean it up, make it look a little better, take it to 16 Gasoline? 16 another auction and try to make a profit. 17 A Ne. I would say no. 17 Q So your dad would get used cars, and than he 18 Q Okay. What kind of cars did Keller's Used Cars 18 would clean than up and give them to a salesman who would 19 sell? 19 take them someplace and try to get a profit? 20 A Just -- 20 A Yeah, more or less, you kna+, detail them. 21 Q Other than used cars? 21 Q Okay. Who did the clean-up and detail work? 22 A -- cars and trucks, just used cars and trucks. 22 A Whoever he could get to help. I mean, he didn't 23 Q Anything unusual about the cars and trucks, any 23 have much money and still don't. 24 particular to Keller's Used Cars? 24 Q Did you over do that work? 25 A Loa cost cars, that's about all, mainly low 25 A I have, but it's very hard on my pack. 19 20 1 Q And do you know any of the salesmen that he 1 father kept and he gave it to me or, you know, I worked it 2 mould use to sell the cars sane other place? 2 off or something. I forget, but I needed money real had 3 A He could give you the names. I know the last 3 and had to sell it. 4 name of Sk elly (ph). I'm not sure of his first name. 4 Q So you had this car since you've been a little 5 Q Did you ever do that? 5 kid? 6 A No. I've gone to auctions, but never really 6 A Yeah. 7 bought or sold. 7 Q Your dad gave it to you as a present when you 8 Q Why did you go to the auctions? 8 were a little kid? 9 A Just trying to buy, lwking for a real good 9 A Not as a present, I would say. He got each of 10 deal. 10 us kids one to race. 11 Q For your dad? 11 Q Okay. Did you - how old mere you when you got 12 A Yeah, make a profit. 12 the car from your dad? 13 Q D? you recall when this accident happened? 13 A It wasn't one that I raced, at he sold it to rte 14 A Not until you told me the date there. It's cot 14 or gave it to me for helping him probably a year before the 15 like I wro te it dam or anything. 15 accident happened. 16 Q Does September 25th, 2000 sound about right to 16 Q Okay. So he gave it to you for helping him. 17 you? 17 What kind of help did ycu give him? 18 A Yes. 18 A I don't even remember. 19 Q Haw long had your quarter midget car been there 19 Q. Okay. 20 prior to September 25th, the day of the accident? 20 A. I've always helped him out and he'd returned the 21 A i would say about a week. 21 favors. 22 Q And that was your car? 22 Q You mean helping him out with the car lot? 23 A Yes. 23 A No, just anything; the house, the plumbing. 24 Q Where did you get it? 24 Q Including the car lot? 25 A We used to race them as kids, and that's one my 25 lad. FTTZSID%AIJ: Objection to the form. You've E i E 21 22 1 asked him to say including the car lot, like, three times I Q Okay. Did you eventually sell it? 2 rose, and each time he tells you something different. 2 A Yes, I did. 3 MR. DOWLING: That's why I keep asking. 3 Q For how grind? 4 BY MR . DgWIJNG: 4 A I think I got 4. 5 Q Dc you understand the question? 5 Q 4 hundred? 6 A Yes, I do. 6 A Yes. 7 Q So he gave it to you for helping him out, and 7 Q Cut of the $4 hundred that you got, did you have 8 helping him out and doing what? 8 to pay yo ur dad any money 9 A Odd jobs around the house and stuff like that. 9 A We. 10 Q Would it include helping him out on the car lot? 10 Q -- that you owed him on the car? 11 A No, it would not. 11 A Ni. 12 Q Okay. What was the purpose of where you placed 12 Q You were able to keep the entire 4 Ynudred? 13 the our trying to sell it? 13 A Yes. 14 A Visibility. 14 Q Did you personally ever attempt to sell any 15 Q And at the time it was placed for sale, were you 15 other car s besides this quarter midget car? 16 the titled owner of the car? 16 A Before, no, not before that. 17 A. There is no title for car like that. 17 Q After that? 18 Q out you claim that you were the comer? 18 A After that, yes. I sold to a salvage yard. 19 A Yes. 19 Q Other cars? 20 Q 100 percent owner? 20 A Just my awn personal car. 21 A Yes. 21 Q Okay. 22 Q How much did you offer the car for sale? 22 A I just jerked it, if that's considered selling 23 A I don't even remember. 23 it. 24 Q Can you give a ballpark? 24 Q Was yos personal car eve, anywhere on these 25 A I was trying to get about a thousand out of it. 25 properties listed for sale? 23 24 1 A No, actually no. I was able to put it in at 1 A I do not bakenber. I know it was very low. 2 Pizza Queen £o, sale. 2 Q Was it lower than 4 hundred? 3 Q So other than this quarter midget car, you never 3 A I believe it was around there. 4 had any other cars on any of these properties for sale? 4 Q And you wanted a thousand for it? 5 A Ni. 5 A I was hoping to get close to that, yes. 6 Q Is that correct? 6 Q Okay. When Mr. Snyder knocked on your door, 7 A Yes. 7 what time of day was it? 8 Q On the day of the accident, tell me what 8 A I'm guessing around I in the afternoon. 9 happened. 9 Q What were you doing at the time? 10 A Mr. Snyder came, knocked on my door and told me 10 A What was 1 doing? I do not recall. 11 he was interested in the car. So ek started to walk down 11 Q N you recall. anything you did that day? 12 to see it, and I actually said, watch your step; and with 12 A Other than -- no, other than him being there, 13 that, right away he went down on his, you know, more or 13 no. 14 less dawn on his bait. 14 Q Dc you recall if you went to murk anywhere that 15 Q What happened next? 15 day? 16 A Right after that, I helped him up, and he said 16 A I do not know. 17 about how his back's been really bad and his mother's in 17 Q Do you recall if you left you, trailer at all 18 the hospital for the same thing. And then we proceeded to 18 prior to him coming to your door that day? 19 walk been to see the car, and that's about 270 feet away. 19 A I believe I did, yes. 20 Q And what happened next? 20 Q You recall that you did? 21 A He linked the car over, and we haggled over the 21 A I probably went over to my parents'. That's 22 price. And he didn't want to pay me what I ranted for it. 22 normal fo r rte, routine. 23 He wanted to may way too low of a price, so I did not sell 23 Q Sane time before he carne? 24 it to him. 24 A Yes. 25 Q What did he want to pay? Do you remember? 25 Q And what would you normally do over there? 0 • 25 26 1 A Just go ores, get a soda, say hi, you know. 1 Q On the top stoop? 2 Q N you recall doing that before Mr. Snyder cans, 2 A It's a small 5-by-8 deck. 3 to your door? 3 Q Okay. And you said let's go down and see the 4 A I would say I dion I usually do. 4 car? 5 Q Do you recall what your folks were doing or what 5 A He, -- I guess I would have said okay and walked, 6 happened when you were over there? 6 just followed him. 7 A No, I do not. 7 Q So who want first dam the steps? 8 Q Do you recall what Mr. Snyder was wearing that 8 A He did. 9 day? 9 Q Okay. 10 A No, I do not. 10 A At the top of the steps, I said watch your step 11 Q DO you recall what kind of shoes he was wearing? 11 because it's habit. I say that to everybody. 12 A No. I believe they were swats. I think blue 12 Q Okay. And what did you see Mr. Snyder do? 13 jeans, work debts. That's how he's normally dressed. 13 A He took, I believe, one step dam onto what 14 Q. Okay. 14 would be the, you now, like, third step; and his foot went 15 A. That's speculation, I guess. 15 out from under him and he sort of rode the steps down. 16 Q. Let ire kind of go back here now. So Mr. Snyder 16 Q How, would you describe how he fell? 17 knocks on the rkor; he cones in. What does he say? 17 A Like I said, he, Like, slid dean the steps on 18 A He did not come in. I walked out and talked to 18 his butt dam to the bottom. 19 him. He said he was Interested In buying the quarter 19 Q Was it a gentle fall, a hard fall? 20 midget. 20 A I'd say it was medium. 21 Q And what did you say? 21 MR. DOUGLAS: So we can clarify, at this point 22 A I said okay and walked down, you now, started 22 in the record, you talk about the third step. You counted 23 to walk dam to look at it. 23 free the bottom roving up or the top -- 24 Q Where did this conversation take place? 24 THE WITNFSS: Yeah, the bottom coring up. 25 A On my porch, front porch. 25 There's a total of four steps. 27 28 1 BY MR. DOWI.ING: 1 Q Now, Seller's Used Cars, you drew an office. 2 Q So the first step off the deck? 2 What else is on, considered part of 13 Gasoline Alley 3 A First step off the deck. 3 besides the office? 4 Q Okay. 4 A Just the car lot, I guess, would be called 13. 5 A So more or less, he fell probably 2-and-a-half 5 Q Ard the an, '.ot w d be, what, stone? 6 feet. 6 A Yes. 7 Q At the tirre this baypened, was Kellar's Used 7 Q And that's physically where the used cars would 8 Cars open for business? 8 se? 9 A I'd have to look at a calendar and see what day 9 A Right. 10 that was. 10 Q Now, you indicated that you said to Mr. Snyder, 11 Q In September of 2D00, east times during the week 11 watch your step? 12 was it open? 12 A Yes. 13 A Monday through Friday, I believe, 10 to 6; and 13 Q When did yen say that in relation to when he 14 Saturdays -- I'm fmt sure about Saturdays, very short hour's 14 fell? 15 Saturdays. 15 A He was still on the deck. It was just before he 16 Q What about Sundays? 16 took that step, the first step. 17 A Not open. 17 Q And you recall those words, watch ycsnr step? 18 Q If saneone had care by an a Sunday and wanted to 18 A Yes, I do. 19 buy a car, would they be turned away? 19 Q How much time lapsed between you saying that and 20 A Yes. I believe it's the law and maybe a law in 20 hint falling? 21 my father's religion. 21 A I would say rrcayLe two seconds. 22 Q Okay. Had about on, let's say, Saturday after 22 Q On September 25Th, 2000, were you deployed? 23 it officially closed? If sareone care by looking for a 23 A No. 24 car, would they be turned awey? 24 Q After Mr. Snyder fell, did you say anything to 25 A No. Money was a factor with my father. 25 him about the steps? 0 L] 29 30 1 A No, just asked if he was okay and helped him up. 1 Q So you purchased pressure-treated lumber, 2 Q Did ycu ever say something like this or close to 2 constructed the steps and that's it? You've never done 3 this: Dann, those steps; I've fallen on them a couple 3 anything to then sines then? 4 times? 4 A Consists deck and all of it was done at once. 5 A No. I never fell on then. 5 No, I didn't do anything else to it. I didn't need to. 6 Q Did anyone ever fail on your steps prior to 6 Q Did you ever plane any sealer on the steps after 7 September 25th, 20001 you constructed it at any tyre? 8 A Net that I Imow of. 8 A Ne. You leave them go for a few years before 9 Q Okay. Aral you never did? 9 you ever last anything on. it. 10 A Ne. It's just a habit because, you know, for 10 Q Have you, since the accident on September 25, 11 one, I have the trailer windows near the steps, and I'm 11 2000, have you made shy changes to steps? 12 always worried about that, someone tripping, you know, 12 A Yee. 13 putting an arm through the window or something. It's just 13 Q And what's that? 14 I worry too .,Ch. 14 A Well, I wanted to make sure that never happened 15 Q Do you recall when those steps were constructed? 15 to anybody else. I ra_1ed shingles on each step. 16 A I do not have a date, no. I built them myself, 16 MR. DGUCOAS: Asphalt shingles? 19 but I really couldn't tell you the exact time. 17 THE WITNESS: Yes. 18 Q A nhdder of years before September 25th of 20004 18 BY MR . DJKLING: 19 A Maybe three. 19 Q Yw railed shingles on the step? 20 Q Maybe three? 20 A Esch step has a strip of asphalt shingles. 21 A Yes. 21 Q When did yon do that? 22 Q Okay. What, if anything, did you do to maintain 22 A That was probably six months or so after he had 23 those steps after they were built? 23 fall -- or fell. 24 A Nc need to. It was pressure-Created father, and 24 Q Did you he that at nodpody's direction? 25 they were fine. 25 A NO. 31 32 1 Q Why did you wait six mmnths? 1 Gasoline Alley, at the time of the accident? 2 A Well, it didn't - I didn't see a need for it 2 A No. It had Lapsed. 3 really, but then sometimes I do get ice and snow, stuff 3 Q When did it lapse? 4 like that. I didn't want anybody else to fall. Like I 4 A I don't have -- 1 don't have a date. I would 5 to, I Worry too much. 5 have to get that for you. 6 Q They get slippery with ice and snow? 6 Q Who was the carrier? 7 A Well, they could, yeah. 7 A See, my father paid that for me for helping him 8 Q How about when they're wet? 8 out, so I do not know the carrier. Because of money 9 A Ot, not really. Treated Wong, unless it gets, 9 problems, it lapsed. 10 like, rotted or something, treated wood's pretty, you know, 10 Q Was it homeowner's insurance? 11 you can get a pretty good grip on it. 11 A Yes, I believe so. 12 Q Co you recall the weather conditions on 12 Q Axd your dad let it lapse? 13 September 25th, 2000 when this accident happened? 13 A For money reasons, yes, he couldn't pay it. 14 A I don't knw, for sure. I think it cos damp out. 14 THE WITNESS: Can you cane onto scheone's 15 That's all 1 ran really tell you. 15 private property and take pictures? 16 Q (hi September 25th of 2000, did the steps have a 16 MR. DOUGLAS: Dcn't worry about it. 17 railing? 17 THE WITNESS: I was just caucus. IS A It's only four steps, so I didn't see the need 18 MR. DOWLING: let's mark these. 19 for any railing. 19 (S. Keller Exhibit Nos. 2 - 20 were marked.) 20 Q Avg do you believe if a railing was there, it 20 BY MR. DOWLING: 21 would have prr ted Mr. Snyder from falling? 21 Q Take a look at Exhibits 2 and 3. Is that your 22 MR. DOUGLAS: I'm going to object. Speculation, 22 trailer and steps? 23 You don't need to answer that one. 23 A Yes, it is. 24 BY Iii. DOWLING: 24 Q Is that a fair and accurate depiction of the way 25 Q Did you have any insurance on your property, 9 25 the steps were on Septuder 25th, 2000? • 33 34 1 A Yes. 1 A Yes, including the landing at the top. 2 Q Hon stout exhibit 5, sane question? Is that a 2 Q Okay. 3 fair and accurate depiction of your steps as of September 3 A If you consider that a step. 4 25th, 2000? 4 Q Okay. And] when you said you saw Mr. Snyder slip 5 A Yes. 5 on one of the steps, which step did you see him slip on? 6 Q That looks like it would be a four-wheel vehicle 6 MR. FiTZSIM S: Objection to the form. I'm not 7 on the right-hand side of the photograph. W[at kind of 7 sure we over established how Mr. Snyder score to fall. You 6 vehicle is that, and whose is it? 8 described it as a slip in that question, and that's why I 9 A That was a customer of mine -- well, actually a 9 objected. That's all. 10 friend of mine. He had it here, at my house for work, 10 BY MR. DOWLING: 11 wanted me to do work to it. 11 Q. Okay. Which step did Mr. Snyder slip on? 12 Q Were you finished with your answer? 12 MR. FITZ51PONS: Objection to the form. 13 A Yes. 13 BY MR. DOWLING: 14 Q A friend of yours had it at your house for work? 14 Q. Okay. We talked about numbers. I want to make 15 A Yeah, a friend brought it over for ire to work on 15 sure we're on the score page or not, if we consider the top 16 it. 16 one a step or not. You mentioned, I thought, the third 17 Q ON, to work on it mechanically? 17 one? 18 A Right, yes. 18 A Looking at this picture nos? Ib you want me to 19 Q Okay. And the vehicle that-, the autamelle, i5 19 number the steps so we're clear? 20 that your auto mbile? 20 Q Okay. 21 A That, at trot time, belonged to my brother. He 21 MR. DCUGIAS: That would be a good idea. 22 ended up selling it to me later. That's the one I junked, 22 BY MR . DCWLING: 23 salvaged. 23 Q Which number, is it 7? 24 Q Okay. Looking at Exhibit 7, there's a total of 24 A Starting at the bottan, 7, yes. 25 five steps. Is that earrect? 25 Q Okay. Why don't you go ahead and number them? 35 36 1 A You mean literally' y. 1 the trailer. He's a very large man. 2 Q Yeah, go ahead. 2 Q Now, these shingles you put on the steps, where 3 (Witness complies.) 3 on these steps did you but then, just so I'm clear? Da 4 A Now, I don't consider that a step because that 4 they cover the entire flat portion of the step? 5 is not a step. 5 A No. They toter about 4 inches of each and every 6 Q Okay. That's fine. We'll go by your 6 step including the top. 7 terminology. Okay. So which step did Mr. Snyder slip on? 7 Q By 4 inches, do you mean in length or in width? 8 A I would say it was nudeer four. 8 A 4 inches in width, the entire width of the 9 Q Ckay. So that would have been the first one 9 steps. 10 down off the platform? 10 Q Do you recall, Mr. Keller, giving a recorded 11 A Yes, 11 statement May 8th -- we're not sure what year, but on May 12 Q Okay. Do you know if it was his right fort or 12 8th around 3:46 in the afternoon? 13 left foot? 13 A A recording? 14 A I do not dote. 14 Q Did anyone care and visit you in person about 15 Q okay. 15 this accident and record an interview with you? 16 A I really could not tell you that. 16 A No. 17 Q Now, looking at step three, do you see that 17 Q Did anyone have a conversation with you over the 18 crack at the end of the step closest to the outside? 18 telephone and tell you they were recording an interview 19 A Yes. 19 with you? 20 Q Is that something that gunned during the fall, 20 A No. 21 or vas that there prior to September 25th of 20002 21 (S. Keller Wdbit No. 21 narked.) 22 A That mould have been. It's typical of wood to 22 BY MR . DOLING: 23 have small splits. 23 Q Let me show ycu what we've marked as Exhibit 21, 24 Q You're not sure either way? 24 which is apparently the first page of your recorded 25 A He did not fall there. He fell right alongside 25 statement from Carla Lang. Does that at all refresh your • • 0 37 38 1 recollection in reading the first page? 1 had no idea they had been there this long. 2 MR. WOGLAS: To help with the recollection, I 2 Q You were in your trailer when this was being 3 assure Carla Lang is an adjuster for scue insurance 3 done? 4 coaprany? 4 A Yes. I walked out and asked who they were, and 5 MR. FITZSIMONS: I believe that's correct. 5 then I realized it was Mr. Snyder with thaw. 6 Travelers, I believe, would be the coupany. 6 Q Was that -- what, if anything, else happened in 7 THE WITNESS: I have no idea who this person is. 7 conversations with them? 8 BY MA. COWLING: 8 A That was about it because I -- you know, at that 9 Q In reading the first page, hops that refresh 9 point, I figured, well, this is sane insurance people or 1D your recollection that you ever gave a recorded interview 10 sorething like that. 11 either in person or on the phone? 11 Q Okay. Did -trey ask your permission to take 12 A I would think I would have not wanted to do 12 photographs? 13 that. I mean, it was bad enough having people all of a 13 A No, they did not. 14 sudden showing up taking pictures. You know, apparently 14 Q Did you tel.. thm to leave or anything like 15 this lady talked to me. 15 that? 16 Q That Exhibit 21 doesn't refresh your 16 A I had no idea what my rights were there. I 17 recollection? 17 didn't understand it. I took a picture of than through my 18 A Well, I mean this, obviously I was talking to 18 window for my records. 19 her. 19 Q Okay. And you have that photograph? 20 Q You don't recollect it? 20 A Not with me I don't, but I do have that, yes, 21 A To tell yoga the troth, I do not. 21 two of than. 22 Q Okay. Y. mentioned the photographs that were 22 Q 11m photographs? 23 taken in Exhibits 2 through 20. Were you present when they 23 A Yes. 24 were taken? 24 Q Do you recall it your parents were twre the day 25 A I noticed the people outside taking pictures. 1 25 this happened? 9 40 1 A I know my mother was because Mr. Snyder stopped 1 A Yes. 2 there thinking that was where to co to toy the car, and she 2 Q What did he say? 3 directed him over to my house. 3 A Sonsthing about his brother, him having problems 4 Q I you know, where your dad was? 4 with his back and his ne>ther's in the hospital with 5 A I do not recall. 5 problems with her back, sarul,Lng to that effect. 6 MR . COWLING: Okay. That's all the questions I 6 Q Did you offer to call an ambulance? 7 have. Thanks for your time. 7 A He got up, he seemed okay and he walked 270-sane 8 MR. LL"OGIAS: I don't have any questions. 8 feet to see the car after that. 9 L e dl 9 Q Did he limp when he walked over there? 10 FMMATIM 10 A No. He walk.] slow, but he's a large man. 11 HY MR. EITZSD4DNS: 11 Q Did he walk holding his back or groaning? 12 Q I just have a couple. When Mr. Snyder fell, did 12 A No. 13 he slip? 13 Q During the rest of your interaction with him 14 A I would say slipped. 14 about the purchase of the car, did he ever mention that his 15 Q He didn't trip? 15 back hurt or complained about the condition of your steps 16 A I do not know, for sure. All I know, is he rode 16 or anything like that? 17 the steps down. 17 A No. 18 Q All right. Do you know whether perhaps he 18 Q When was the first time after that day that you 19 missed a step as he was stepping down? 19 heazd that Mr. Snyder felt that he was having problans with 20 MR. DOWLINC: eject to the font. 20 his back because of falling on the steps? 21 THE WITNESS: I'm not him. I don't know, exactly 21 A When these photos were taken. 22 what happened. I know he fell. 22 Q When the photos were taken? 23 SY T%. KMSTACNS: 23 A That's the second titre I ever seen the man. 24 Q Okay. You said earlier that when he fell, you 24 Q So those photos were ta?.en before the lawsuit to 25 asked him if he was okay? 25 your unowledge? 0 0 0 1 This was the first I knew anything was 41 A Yeah 1 0J44a WEALTH OF PFTMSYL%UNM ) 42 . ) SS. 2 going on was when I seen him and the two ladies there 2 OSMt OF CLIMRLaND ) 3 taking pictures. 3 4 Q Ib you know who was with him when those pictures 4 I, TTVMY L. Boa<, a Court Reporter-Notary Public 5 were taken? 5 authorized to administer oaths acid take depositions in the 6 A No. They didn't identify themselves. 6 trial of causes, and having an office in Carlisle, 7 Q AIL right. Were they dressed in suits? 7 Pennsylvania, do hereby certify that the foregoing is the 8 A like, trench coats, wocen wear, real long coats. 6 testigmy of 30= N. KMUR. 9 Q. Okay. 9 I further certify that before the taking of said 10 A. I have that picture. 10 deposition, the witness was only sworn; that the questions 11 Q I was about to ask if one of then was about 5, 2 11 and answers were taken down stenotype by the said 12 with dark hair? 12 Rbpo> er-NOtary, approved and agreed to, and afterwards 13 A Actually one was. 13 reduced to conputer printout under the direction of said 14 VR. Ff MIME S: I know who it was haw. That's 14 Reporter. 15 okay. Thank you. Those are all the questions I have. 15 I further certify that the proceedings and 16 (The deposition concluded at 1:16 p.m.) 16 evidence are contained fully and accurately in the notes 17 17 taken by ore on the within deposition to the test of my 18 18 ability, and that this copy is a correct transcript of the 19 19 were. 20 20 In testiame whereof, I have hereunto inscribed 21 21 my hand this 14th day o November, 2005. 22 22 23 23 oc 24 24 Reporter-rota y Public 25 25 . 19 [3] 6:12; 8:2, 3 -0- 02-4083 [1] 1:2 -1- • • 1 [9] 2:13; 9:17, 18, 20; 10:12; 11:10, 20; 24:8; 41:16 10[21 2:22; 27:13 100[1] 21:20 11 [2] 2:23; 9:22 1107[1] 8:11 12 [2] 1:11; 2:24 13 [14] 2:25; 8:6; 10:25; 11:25; 13:18; 14:23; 15:1, 2, 5; 16:17; 17:5, 15; 28:2, 4 14[2]1:11;3:3 14th [11 42:21 15 [4] 1:11; 3:4; 5:7; 9:22 16 [2] 3:5; 41:16 17[1] 3:6 18 [1] 37 19 [1] 3:8 -2- 2 [6] 2:14; 5:7; 32:19, 21; 37:23; 41:11 2-and-a-half [1] 27:5 20 [6] 3:9; 4:20; 5:5, 11; 32:19; 37:23 2000 [21] 5:13; 8:19; 12:1 1, 20; 15:4, 14, 25; 16:7; 17:14; 18:2; 19:16; 27:11; 28:22 ; 29:7, 18; 30:11; 31:13, 16; 32:25; 33:4; 3521 2001 [1] 6:5 2002 [1] 6:5 2005 [2] 1:11; 42:21 21 [4] 3:10; 36:21, 23; 37:16 25[1] 30:10 25th [14] 5:13; 15:14; 16:6; 17:14; 19:16, 20; 28:22; 29:7, 18; 31: 13, 16; 32:25; 33:4; 35:21 270 [2] 15:10; 23:19 270-some 111 40:7 -3- 3 [3] 2:15; 32:21 36:12 32 [19] 2:14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25; 3:3, 4, 5, 6, 7, 8, 9 36 [1] 3:10 39 [1] 2:4 -4- 4 [10] 2:3, 16; 22:4, 5, 7, 12; 24:2; 36:5, 7,8 40 [1) 36:12 -5- 5 [14] 2:17; 12:5, 8, 11, 22; 13:17, 21; 14:10, 23, 25; 17:10, 13; 33:2; 41:11 5-by-8 [1] 26:2 -6- 6 [2] 2:18; 27:13 67 [1] 5:7 -7- 7 [4] 2:19; 33:24; 34:23, 24 75 [1] 9:3 7th [1] 6:8 -8- 8[1] 2:20 8th [2] 36:11, 12 -9- 9 [10] 2:13, 21; 4:16; 11:8; 12:24; 13:12, 14, 18; 14:23; 31:25 99 [3] 11:6; 12:3; 15:24 -A- ability [1] 42:18 able [2] 22:12; 23:1 accident [9] 5:13; 19:13, 20; 20:15; 23:8; 30:10; 31:13; 32:1; 36:15 accurate [2] 32:24; 33:3 accurately [11 42:16 action [1] 1:3 actual [1) 5:18 actually [6] 8:10; 11:15; 23:1, 12; 33:9; 41:13 address [4] 10:25; 12:10; 14:21, 24 adjacent [2] 12:2; 15:17 adjuster[s] 37:3 administer [1] 42:5 afternoon [2] 24:8; 36:12 afterwards [1] 42:12 ago [2] 7:4, 19 agreed [1] 42:12 ahead [3] 11:16; 34:25; 35:2 alley [23] 4:16; 8:6; 9:24; 11:1, 8, 25; 12:5, 8, 12, 22, 24; 13:6, 12, 14, 18, 21; 14:10; 16:17; 17:10; 28:2; 32:1 almost [1] 6:11 along [1] 15:19 alongside [1] 35:25 always [5] 5:24; 7:5; 8:8; 20:20; 2912 ambulance [1] 40:6 andrew[1] 1:17 answer [2] 31:23; 33:12 answers[1] 42:11 anybody's [11 30:24 anyone [3] 29:6; 36:14, 17 anywhere [3] 8:18; 22:24; 24:14 apparently [2] 36:24; 37:14 appearances [1] 1:16 approved [1] 42:12 arm [1] 29:13 around [8] 6:12; 8:18; 16:11, 14; 21:9; 24:3, 8; 36:12 arthritis [1] 5:20 asked [4] 21:1; 29:1; 38:4; 39:25 asking [1] 21:3 asphalt [2] 30:16, 20 assistance [11 7:8 assume [2] 14:6; 37:3 attempt[1] 22:14 auction [1] 18:16 auctions [3] 18:9; 19:6, 8 authorized [11 42:5 automobile [2] 33:19, 20 away [5] 9:3; 23:13, 19; 27:19, 24 -13- back's [1] 23:17 bad [3] 20:2; 23:17; 37:13 ballpark[1] 21:24 became [t] 6:23 beg [1] 13:13 believe [13] 7:18; 811, 20; 24:3, 19; 25:12; 26:13; 27:13, 20; 31:20; 32:11; 37:5, 6 belonged [1] 33:21 besides [3] 6:9; 22:15; 28:3 best [1] 42:17 better [1] 18:15 between [5] 4:2; 12:6; 15:7; 17:10; 28:19 birth [1] 5:6 blue [1] 25:12 bock [3] 1:10; 42:4, 23 boots [2] 25:12, 13 bottom [4] 26:18, 23, 24; 34:24 bought [1] 19:7 boy [1] 5:5 bridge [7] 8:23, 24; 9:21; 11:6; 12:3; 15:18, 24 bring [1] 18:12 brother [1] 33:21 brought[1] 33:15 bud [1] 1:1 built [2] 29:16, 23 business [6] 7:15, 17, 23; 8:9; 9:2; 27:8 butt [2] 23:14; 26:18 buy [4] 18:14; 19:9; 27:19; 39:2 buying [1] 25:19 C- calendar [1] 27:9 call [1] 40:6 called [2] 4:8; 28:4 car [47] 9:15; 10:5, 6; 11:14, 17, 21, 22; 15:8, 11, 13, 17, 22, 23; 17:5, 15; 18:5, 8, 10, 15; 19:19,22; 20:4, 12, 22, 24; 21:1, 10, 13, 16, 17, 22; 22:10, 15, 20, 24; 23:3, 11, 19, 21; 26:4; 27:19, 24; 28:4, 5; 39:2; 40:8, 14 Carla [2] 36:25; 37:3 Carlisle [3] 1:13; 4:16; 42:6 carrier [2] 32:6, 8 cars [31] 1:3, 20; 5:23; 6:2, 9; 7:14, 22; 9:1, 6; 10:13, 19, 25; 17:18, 21, 22, 23, 24, 25; 18:3, 10, 12, 17; 19:2; 22:15, 19; 23:4; 27:8; 28:1, 7 causes [1] 42:6 certain [1] 5:24 certification [1] 4:4 certify [3] 42:7, 9, 15 chained [2] 15:15, 20 changes [11 30:11 civil Ill 1:3 claim [1] 21:18 Clarence [1] 1:1 clarify [t] 26:21 clean [2] 18:15, 18 clean-up[1] 18:21 clear [2] 34:19; 36:3 close [3] 7:20; 24:5; 29:2 closed [2] 7:21; 27:23 closest [1] 35:18 coats [2] 41:8 commission [1] 18:12 common [1] 1:1 commonwealth [1] 42:1 company [4] 6:19, 20; 37:4, 6 complained [1] 40:15 complete [1] 30:4 complies [6] 9:10; 10:18; 11:18; 13:7, 16; 35:3 computer [1] 42:13 concluded [t] 41:16 condition[1] 40:15 conditions [t] 31:12 consider [3] 34:3, 15; 35:4 considered [5] 15:2, 5; 17:13; 22:22; 28:2 constructed [3] 29:15; 30:2, 7 cont'd [1] 3:1 contained [1] 42:16 conversation [2] 25:24; 36:17 conversations [1] 38:7 copy [1] 42:18 cost [2] 17:25; 18:1 counsel [1] 4:2 counted (1] 26:22 county[2] 1:1; 42:2 couple [2] 29:3; 39:12 court [3] 1:1, 10; 42:4 cover [2] 36:4, 5 crack[1] 35:18 Cumberland [2] 1:1; 422 curious [1] 32:17 customer[1] 33:9 D- dad [13] 6:2, 9, 10; 10:2; 18:2, 12, 17; • 19:11; 20:7, 12; 22:8; 32:12; 39:4 damn [1] 29:3 damp [1] 31:14 dark Ill 41:12 date [8] 1:11; 5:6; 7:19, 25; 8:15; 19:14; 29:16; 32:4 david [2] 1:19; 39:9 day [12] 15:13; 19:20; 23:8; 24:7, 11, 15, 18; 25:9; 27:9; 38:24; 40:18; 42:21 deal [2] 18:6; 19:10 dealt [1] 18:9 deardorff [2] 1:12, 19 deck [5] 26:2; 27:2, 3; 28:15; 30:4 defendant[1] 1:22 defendants [2] 1:5, 20 demanded [1] 1:5 depiction [2] 32:24; 33:3 deponent [11 2:2 deposition [4] 1:8; 41:16; 42:10, 17 depositions [1] 42:5 describe [11 26:16 described [1] 34:8 description [2] 2:12; 3:2 designated [1] 1424 detail [2] 18:20, 21 diagram [1] 9:21 different [1] 21:2 directed [1] 39:3 direction [2] 30:24; 42:13 directly [1) 18:6 disability [2] 5:17; 7:7 disabled [4] 5:16; 6:23; 7:2, 12 distance [2] 15:7, 9 djd [1] 5:20 doctor [2] 7:1, 11 documents [1] 10:25 door [5] 23:10; 24:6, 18; 25:3, 17 dotted [3] 11:16, 21,24 douglas [10] 1:21, 22; 2:5; .26:21; 30:16; 31:22; 32:16; 34:21; 37:2; 39:8 dowling [24] 1:17; 2:3; 4:12; 9:16, 19; 11:5; 13:23; 14:1, 4, 8; 21:3, 4; 27:1; 30:18; 31:24; 32:18, 20; 34:10, 13, 22; 36:22; 37:8; 39:6, 20 down [18] 7:10; 19:15; 23:11, 13, 14, 19; 25:22, 23; 26:3, 7, 13, 15, 17, 18; 35:10; 39:17, 19; 42:11 drew [4] 9:4, 5; 11:14; 13:5 drawing [3] 2:13; 9:12; 13:22 dressed [2] 25:13; 41:7 drew [5] 9:21; 11:21, 24; 14:9; 28:1 duly [2] 4:8; 42:10 during [4] 8:13; 27:11; 35:20; 40:13 dvj [1] 5:20 -E- earlier[1] 39:24 east[1] 1:13 effect [1] 40:5 either [2] 35:24; 37:11 employed [3] 5:15. 6:10; 28:22 employees [1] 18:3 employment [1] 6:1 end [1] 35:18 ended [1] 33:22 enough [1] 37:13 entire [4] 16:15; 22:12; 36:4, 8 established [1] 34:7 evans[1] 1:17 eventually [11 22:1 evidence [11 42:16 exact [2] 7:25; 29:17 exactly [1] 39:21 examination [3] 2:2; 4:11; 39:10 examined [1] 4:9 except [1] 4:5 excuse [t] 11:2 explain [1] 11:10 extra [1] 14:19 -F- factor [11 27:25 fair[2] 32:24; 33:3 fall [8] 26:19; 29:6; 30:23; 31:4; 34:7; 35:20, 25 fallen [1] 29:3 falling [3] 28:20; 31:21; 40:20 far [6] 6:6; 7:1; 11:14; 14:7; 16:19, 22 father [9] 4:24, 25; 5:23; 7:19; 16:8; 18:10; 20:1; 27:25; 32:7 father's [3] 9:14; 10:1; 27:21 favors [11 20:21 feel [1] 9:7 feet [5] 9:3; 15:10; 23:19; 27:6; 40:8 fell [10] 26:16; 27:5; 28:14, 24; 29:5; 30:23; 35:25; 39:12, 22, 24 felt [1] 40:19 fence [2] 16:21, 23 fenced [1] 15:2 few[1] 30:8 figured [1] 38:9 filing [1] 4:4 fine [3] 13:15; 29:25; 35:6 finished [1] 33:12 fitzsimons [15] 1:19; 2:4; 9:11; 11:2; 13:21, 24; 14:2, 5; 20:25; 34:6, 12; 37:5; 39:11, 23; 41:14 flat Ill 36:4 folks [7] 8:21; 9:6; 11:6; 12:7, 22; 13:17; 25:5 followed [1] 26:6 follows [1] 4:9 foot [3] 26:14; 35:12, 13 foregoing (1] 42:7 forget [1] 20:2 form [5] 4:5; 20:25; 34:6,12; 39:20 four-wheel [1] 33:6 freelance [1] 16:2 friday[1] 27:13 friend [3] 33:10, 14, 15 front [2] 15:16; 25:25 full [11 4:13 fully[1] 42:16 further [2] 42:9, 15 G- garage [12] 12:9; 14:3, 4, 13, 15, 16, 20; 16:1, 4, 6, 10; 1710 gasoline [27] 4:16; 8:6; 9:24; 11:1, 8, 25; 12:5, 8, 12, 22, 24; 13:6, 12, 14, 18, 21; 14:10, 25; 15:1; 16:17; 17:5, 10, 16; 28:2; 32:1 gave [6] 20:1, 7, 14, 16; 21:7; 37:10 generally [1) 8:1 gentle Ill 26:19 gets [1] 31:9 getting [1] 7:6 give [4] 18:18; 193; 20:17; 21:24 giving [1] 36:10 gone[1] 19:5 good [3] 19:9; 31:11; 34:21 got [6] 7:10; 20:9, 11; 22:4, 7; 40:7 grade[1] 6:8 grass [3] 16:22, 23; 17:4 grip [11 31:11 groaning [1] 40:11 guess [3] 25:15; 26:5; 28:4 guessing [1] 24:8 -H- habit [2] 26:11; 29:10 haggled[1] 23:21 hair [1] 41:12 half [1] 7:18 hand [11 42:21 happened [12] 19:13; 20:15; 23:9, 15, 20; 25:6; 27:7; 30:14; 31:13; 38:6, 25; 39:22 happens [t] 16:25 hard [2] 18:25; 26:19 harrisburg [1] 8:11 having [4] 37:13; 40:3, 19; 42:6 he'd [1] 20:20 head [1) 11:3 heard [1] 40:19 help [4] 5:23; 18:22; 20:17; 37:2 helped [3] 20:20; 23:16; 29:1 helping [9] 6:1, 9; 20:14, 16, 22; 21:7, 8, 10; 32:7 hereby [3] 4:2, 4; 42:7 hereunto [1] 42:20 hi [1] 25:1 high [1] 1:13 his [16] 11:12; 16:15; 19:4; 23:13, 14, 17; 26:14, 18; 35:12; 40:3, 4, 11, 14,20 holding [t] 40:11 home [7] 4:22; 10:7; 12:4; 15:7; 16:12; 38:24 homeowner's [1] 32:10 hoping[1] 24:5 hospital [2] 23:18; 40:4 hours [1] 27:14 house [17] 9:14, 25; 10:9; 11:6; 12:7; 13:17; 15:16; 17:1, 2, 9; 20:23; 21:9; 33:10, 14; 39:3 hundred [4] 22:5, 7, 12; 24:2 hurt [1] 40:15 ice [2] 31:3, 6 idea [4] 34:21; 37:7; 38:1, 16 identify [1] 41:6 immediately [1] 122 inches [3] 36:5, 7, 8 include [1] 21:10 including [5] 16:17; 20:24; 21:1; 34:1; 36:6 incorporated [1] 6:14 index [3] 2:1, 11; 3:1 Indicated [11 28:10 indicating [2] 11:25; 13:5 injured [1] 5:19 inscribed [1] 42:20 insurance [4] 31:25; 32:10; 37:3; 38:9 interaction [1] 40:13 interested [2] 23:11; 25:19 interview [3] 36:15, 18; 37:10 isn't [1] 14:5 J- jeans [1] 25:13 joan [2] 1:4, 20 job [1] 5:19 jobs [5] 16:11, 14, 24; 17:15; 21:9 junked [2] 22:22; 33:22 jury [1] 1:5 -K- keep [2] 21:3; 2212 keller [17] 1:4, 8, 20, 22; 2:3; 4:8, 14; 9:17, 18, 20; 32:19; 36:10, 21; 42:8 keller's [15] 1:3, 20; 7:14, 22; 9:1, 6; 10:5, 13, 19, 25; 17:18, 24; 18:3; 27:7; 28:1 kept [2] 5:24; 20:1 kid [2] 20:5, 8 kids [2] 19:25; 20:10 kind [10] 6:19; 13:5; 14:13; 15:17; 16:20; 17:18; 20:17; 25:11, 16; • • ?J 33:7 kinds[1] 16:24 know [1] 41:1 knocked [2] 23:10; 24:6 knocks [1] 25:17 knowledge [1] 40:25 L- ladies [1) 41:2 lady[1] 37:15 landing [1] 34:1 landlocked [1] 12:25 lang [2] 36:25; 37:3 lapse [2] 32:3,12 lapsed [3] 28:19; 32:2, 9 large [2] 36:1; 40:10 larry[1] 12:13 last [6] 5:22; 6:1,4, 24; 7:2; 19:3 later [1) 33:22 law [4] 1:3, 21; 27:20 lawsuit [1] 40:24 leave [2] 30:8; 38:14 left [2] 24:17; 35:13 legal [1] 10:24 length [1] 36:7 less [3] 18:20; 23:14; 27:5 limp [11 40:9 line[1] 13:5 lines [4] 11:11, 16, 21,24 listed [1] 22:25 literally [11 35:1 little [5] 8:11; 16:21; 18:15; 20:4, 8 live [7] 4:15, 17; 8:21; 9:6; 10:2, 10; 1218 lived [3] 5:4, 10; 1211 living [1] 5:12 located [1] 17:9 location [6] 4:21; 8:10, 14, 16; 9:2; 12:8 locations [1] 11:11 long [8] 5:4, 10; 7:4, 22; 8:16; 19:19; 38:1; 41:8 look [5] 6:11; 18:15; 25:23; 27:9; 32:21 looked [1] 23:21 looking [5] 19:9; 27:23; 33:24; 34:18; 35:17 looks [1] 33:6 low [4] 17:25; 23:23; 24:1 lower [1] 24:2 lumber [2] 29:24; 30:1 -M- made[1] 30:11 mainly [2] 17:25; 18:9 maintain[1] 29:22 maintenance [1] 16:15 man [3] 36:1; 40:10, 23 mark [4] 9:16; 13:10, 11; 32:18 marked [9] 9:18, 20, 25; 12:6; 13:22; 15:15; 32:19; 36:21, 23 martson [2] 1:12, 19 matters [1] 15:8 matthew [3] 5:9, 10, 12 meaning [2] 7:11; 12:7 measured [1] 15:7 mechanical [1] 16:2 mechanically [1) 3317 medium [1] 26:20 mention [1] 40:14 mentioned [2] 34:16; 37:22 mette[1] 1:17 midget [5] 15:11; 19:19; 22:15; 23:3; 25:20 mine [2] 33:9, 10 missed[1] 39:19 mobile [3] 4:22; 12:4; 16:12 mom [2] 10:2; 18:2 monday [11 27:13 money [7] 14:19; 18:23; 20:2; 22:8; 2725; 32:8, 13 months [2] 30:22; 31:1 mother [2] 39:1; 40:3 mother's [2] 23:17; 40:4 mowed [1] 17:4 mowing [2] 16:22, 23 myself [1] 29:16 N- nailed [2] 30:15, 1£ named [1] 13:4 names [1] 19:3 nature [1] 5:17 near [1] 29:11 need [5] 29:24; 30:5; 31:2,18, 23 needed [1] 20:2 never [7] 14:24; 19:6; 23:3; 29:5, 9 30:2, 14 nodded [1] 11:2 normal [1] 24:22 normally [2] 24:25; 25:13 nos [1] 32:19 notary [1] 1:10 notes [1] 42:16 noticed [1] 37:25 november [2] 1:11; 42:21 numbers [t] 34:14 0- oaths [1] 42:5 object [2] 31:22; 39:20 objected [1] 34:9 objection [3] 20:25; 34:6, 12 objections [1] 4:5 obviously [2] 5:12; 37:18 occurred [1] 35:20 odd [5] 16:11, 14, 24; 17:15; 21:9 offer [2] 21:22; 40:6 office [8] 1:21; 9:15; 10:4, 5; 12:7; 28:1, 3; 42:6 official [1] 6:1 officially [4] 6:24; 7:6, 11; 27:23 old [2] 4:19; 20:11 open [3] 27:8, 12, 17 operated [2] 8:5, 8 operation [1] 10:20 otto [2] 1:12, 19 outside [2] 35:18; 37:25 over [10] 23:21; 24:21, 25; 25:1, 6; 33:15; 36:17; 39:3; 40:9 owed [1] 22:10 own [3] 4:21, 22; 22:20 owned [2] 12:22; 16:6 owner [3] 21:16, 18, 20 owns 111 4:23 P- page [7] 2:2, 12; 3:2; 34:15; 36:24; 37:1, 9 paid [1] 32:7 pardon [1] 13:13 parents [2] 24:21; 38:24 part[3] 14:25; 28:2 partlcular[1) 17:24 parties[1] 4:3 pay [7] 16:9, 12; 22:8; 23:22, 23, 25; 32:13 payments[1] 7:7 pennsylvania [4] 1:1, 13; 42:1, 7 people [3] 37:13, 25; 38:9 percent [1] 21:20 perhaps [1] 39:18 period [2] 8:13, 19 permission [1] 38:11 person [3] 36:14; 37:7,11 personal [2] 22:20, 24 personally [1] 22:14 ph [1] 19:4 phone [1] 37:11 photograph [2] 33:7; 38:19 photographs [3] 37:22; 38:12, 22 photos [3] 40:21, 22,24 physical [1] 14:21 physically [2] 17:11; 28:7 picture [24] 2:14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25; 3:3, 4, 5, 6, 7, 8, 9; 9:4, 5; 34:18; 38:17; 41:10 pictures [5] 32:15; 37:14, 25; 41:3, 4 pike[1] 8:12 pizza [1] 23:2 place [7] 1:12; 9:7; 12:25; 13:6; 19:2; 25:24; 30:6 placed [2] 21:12,15 places [1] 18:11 plaintiff [3) 1:1, 9, 18 platform [1] 35:10 pleas [1] 1:1 plumbing [1] 20:23 point [3] 5:19; 26:21; 38:9 pole [2] 15:16, 21 porch [2] 25:25 portion [1] 36:4 present [3] 20:7, 9; 37:23 pressure-treated [2] 29:24; 30:1 pretty[2] 31:10, 11 prevented [1] 31:21 previously [1] 6:10 price [2] 23:22, 23 printout [1] 42:13 prior [5] 17:14; 19:20; 24:18; 29:6; 35:21 private [1] 32:15 probably [6] 6:5; 9:3; 20:14; 24:21; 27:5; 30:22 problems [5] 5:24; 32:9; 40:3, 5, 19 proceeded [1) 23:18 proceedings [1] 42:15 profit [3] 18:16, 19; 19:12 properties [2) 22:25; 23:4 property [17] 4:23; 11:11, 12; 12:2, 8; 14:15, 20; 15:22; 16:11, 14, 15, 16; 17:9, 11, 15; 31:25; 32:15 public [3] 1:10; 42:4, 24 purchase [t] 40:14 purchased [1] 30:1 purpose [1] 21:12 put [5] 16:21; 23:1; 30:9; 36:2, 3 putting [2] 16:23; 29:13 O- quarter [5] 15:11; 19:19; 22:15; 23:3; 25:19 queen [1] 23:2 question [5] 4:5; 15:13; 21:5; 33:2; 34:8 questions [4] 39:6, 8; 41:15; 42:10 R- r-h-o-d-y [2] 12:15, 17 race [2] 19:25; 20:10 raced [1] 20:13 railing [3] 31:17, 19,20 reading [3] 4:3; 37:1, 9 real [3] 19:9; 20:2; 41:8 realized [1] 38:5 reasons [1] 32:13 recall [17] 6:23; 19:13; 24:10, 11, 14, 17, 20; 25:2, 5, 8, 11; 28:17; 29:15; 31:12; 36:10; 38:24; 39:5 recollect [1] 37:20 recollection [4] 37:1, 2, 10, 17 record [5] 9:11, 13; 11:20; 26:22; 36:15 recorded [3] 36:10, 24; 37:10 recording [2] 36:13, • t• .J 0 scott's[1] 13:11 18 records [1] 38:18 reduced [1] 42:13 refresh [3] 36:25; 37:9,16 relation [1] 28:13 religion [1] 27:21 remember [5] 6:13; 20:18; 21:23; 23:25; 24:1 rent [4] 4:21; 16:9, 12, 13 rental [1] 14:16 rents [1] 14:16 reporter [2] 1:10; 42:14 reporter-notary [3] 42:4, 12, 24 reserved [t] 4:6 residence [1] 9:2 respective [1] 4:3 rest [1] 40:13 returned [1] 20:20 rhody [2] 12:13, 14 right [24] 5:14, 16; 6:3; 7:13; 8:7; 9:15, 22, 23; 10:3, 21; 13:19; 15:19; 16:5; 18:7, 8; 19:16; 23:13, 16; 28:9; 33:18; 35:12, 25; 39:18; 41:7 right-hand [1] 33:7 rights [1] 38:16 road [14] 8:23, 24; 9:21; 11:6; 12:3; 13:1, 3, 6, 10, 11, 14; 15:18, 19, 24 rode [2] 26:15; 39:16 rotted Ill 31:10 roughly [1] 6:12 routine [1] 24:22 S- s-a-c [1] 6:18 s-a-c-k [1 ] 6:17 sac [2] 6:14, 15 sale [6] 9:15; 21:15, 22; 22:25; 23:2, 4 salesman [t] 18:18 salesmen [3] 18:8, 11; 19:1 salvage [1] 22:18 salvaged [1] 33:23 saturday[1] 27:22 saturdays [3] 27:14, 15 saw [11 34:4 scale 111 14:5 school [1] 6:7 scoff [8] 1:3, 8, 22; 2:3; 4:8, 14; 9:16; 428 sealer (1] 30:6 sealing[1] 4:3 seconds [11 28:21 security [2] 7:7, 10 seemed [1] 40:7 seen [2] 40:23; 41:2 sell [11] 5:23; 6:2, 9; 7:20; 17:19; 19:2; 20:3; 21:13; 22:1, 14; 23:23 selling [3] 18:10; 22:22; 33:22 September [21] 5:13; 12:11, 20; 15:4, 14, 25; 16:6; 17:14; 18:2; 19:16, 20; 27:11; 28:22; 29:7, 18; 30:10; 31:13, 16; 32:25; 33:3; 35:21 shingles [5] 30:15, 16, 19, 20; 36:2 shoes [1] 25:11 short [s] 27:14 side [1] 33:7 sign [5] 10:13, 16, 19, 20, 22 signify [1] 11:21 signing [1] 4:3 skelly[1] 19:4 slid [t] 26:17 slip [6] 34:4, 5, 8, 11; 35:7; 39:13 slipped [1] 39:14 slippery [1] 31:6 slow[s] 40:10 small [2] 26:2; 35:23 snow [2] 31:3, 6 snyder [18] 1:1; 23:10; 24:6; 25:2, 8, 16; 26:12; 28:10, 24; 31:21; 34:4, 7, 11; 35:7; 38:5; 39:1, 12; 40:19 social [2] 7:6, 10 soda [1] 25:1 sold [3] 19:7; 20:13; 22:18 someone [4] 18:5; 27:18, 23; 29:12 someone's [1] 32:14 someplace [2] 10:16; 18:19 sometimes [11 31:3 son [2] 4:18,19 son's (11 5:8 sorry [1] 13:21 sort [s] 26:15 sound [1] 19:16 speculation [2] 25:15; 31:22 spell [1] 12:14 splits [1] 35:23 ss [1] 42:1 started [3] 8:3; 23:11; 25:22 starting [1] 34:24 state [1] 4:13 statement [3] 3:10; 36:11, 25 stenotype [1] 42:11 step [26] 23:12; 26:10, 13, 14, 22; 27:2, 3; 28:11, 16, 17; 30:15, 19, 20; 34:3, 5, 11, 16; 35:4, 5, 7, 17, 18; 36:4, 6; 39:19 stepping [1] 39:19 steps [28] 26:7, 10, 15, 17, 25; 28:25; 29:3, 6, 11, 15, 23; 30:2, 6, 11; 31:16, 18; 32:22, 25; 33:3, 25; 34:5, 19; 36:2, 3, 9; 39:17; 40:15, 20 still [6] 7:14; 8:21; 10:10; 12:18; 18:23; 28:15 stipulated 111 4:2 stipulation [1] 4:1 stone [2] 17:8; 28:5 stoop [1] 26:1 stopped [1] 39:1 storage [2] 14:19 street [2] 1:13; 8:22 strip [1] 30:20 structure [3] 9:24; 14:9, 12 stuff [3] 16:21; 21:9; 31:3 sudden [1] 37:14 suits [1] 41:7 sunday[1] 27:18 sundays [1] 27:16 supposed [1] 14:10 sure [10] 15:9; 19:4; 27:14; 30:14; 31:14; 34:7, 15; 35:24; 36:11; 39:16 sworn [2] 4:9; 42:10 -T- takes [11 13:1 taking [4] 37:14, 25 41:3; 42:9 talk [1] 26:22 talked [3] 25:18; 34:14; 37:15 talking [2] 15:11; 37:18 tammy [3] 1:10; 42:4, 23 telephone [3] 15:15, 21; 36:18 tell [8] 7:25; 23:8; 29:17; 31:15; 35:16; 36:18; 37:21; 38:14 tells [1] 21:2 terminology [1] 35:7 testified [7] 4:9 testimony [3] 2:1; 42:8, 20 than [6] 6:10; 17:21; 23:3; 24:2. 12 that'd [1] 13:15 thinking [t] 39:2 thought [11 34:16 thousand [2] 21:25; 24:4 time [19] 4:6; 5:13; 8:13, 19; 14:18; 21:2, 15; 24:7, 9, 23; 27:7; 28:19; 29:17; 30:7; 32:1; 33:21; 39:7; 40:18, 23 times [3] 21:1; 27:11; 29:4 title [1] 21:17 titled [11 21:16 told [2] 19:14; 23:10 took [3] 26:13; 28:16; 38:17 top [6] 26:1, 10, 23; 34:1, 15; 36:6 total [2] 26:25; 33:24 towing [2] 6:20, 22 trailer [7] 12:23; 14:10; 24:17; 29:11; 32:22; 36:1; 38:2 transcript [1] 42:18 travelers [1] 37:6 treated [2] 31:9, 10 trees [3] 16:22, 24; 177 trench [1] 41:8 trial [3] 1:5; 4:6; 42:6 trimmed [1] 17:7 trimming [2] 16:22, 23 trip [1] 39:15 tripping [1] 29:12 trouble [11 7:5 trucks [3] 17:22, 23 truth [1] 37:21 try [3] 9:7; 18:16, 19 trying [4] 14:18; 19:9; 21:13, 25 turned [3] 7:10; 27:19, 24 turnpike [1] 6:20 twelve [1] 1:5 type[1] 17:15 typical [1] 35:22 -U- under [2] 26:15; 42:13 understand [4] 10:24; 18:7; 21:5; 38:17 understanding [1] 8:5 unless [1] 31:9 unofficially [11 7:3 until [11 19:14 unusual [1] 17:23 up [13] 6:11; 15:10; 16:21, 23; 18:15, 18; 23:16; 26:23, 24; 29:1; 33:22; 37:14; 40:7 used [24] 1:3, 20; 7:14, 22; 9:1, 6; 10:5, 13, 19, 25; 14:19; 16:4; 17:18, 21, 22, 24; 18:3, 11, 14, 17; 19:25; 27:7; 28:1, 7 usually (11 25:4 -V- vehicle [3] 33:6, 8, 19 visibility [1] 21:14 visit [11 36:14 -W- wait[1] 31:1 waived [1] 4:4 walk [4] 23:11, 19; 25:23; 40:11 walked [7] 25:18, 22; 26:5; 38:4; 40:7, 9, 10 wanted [7] 23:22, 23; 24:4; 27:18; 30:14; 33:11; 37:12 watch [4] 23:12; 26:10; 28:11, 17 water [1] 17:3 wayne [4] 1:4, 20; 4:14; 5:2 wear [1] 41:8 wearing [2] 25:8, 11 weather [1] 31:12 week [2] 19:21; 2711 went [5] 23:13; 24:14,21; 26:7,14 wet [1] 31:8 whereof [11 42:20 whose [1] 33:8 width [3] 36:7, 8 william [1] 1:22 williams [2] 1:12, 19 window [2] 29:13; 38:18 windows [11 29:11 witness [18] 4:8; 9:10, 14; 10:18; 11:4, 18; 13:7, 16; 14:3, 7; 26:24; 30:17; 32:14, 17; 35:3; 37:7; 39:21; 42:10 wolf's [8] 8:22, 23, 24; 9:21; 11:6; 12:3; 15:18, 24 . women [1] 41:8 wood [2] 31:9; 35:22 wood's [1] 31:10 woodside [1] 1:17 word [4] 10:16, 19; 11:22; 15:17 words [1] 28:17 work [15] 5:22; 16:3, 19, 20; 17:1; 18:8, 21, 24; 24:14; 25:13; 33:10, 11, 14, 15,17 worked [2] 18:13; 20:1 working [2] 14:18; 16:1 workplace[1] 16:4 worried [1] 29:12 worry [3] 29:14; 31:5; 32:16 wrote [3] 10:19; 11:22; 19:15 Y- yard [3] 16:19, 20; 22:18 year [7] 6:24; 7:2, 18; 8:17, 18; 20:14; 36:11 years [4] 5:5, 11; . 29:18; 30:8 r -I L i 0 • 0 ?J S r C? O l ? 1 a Of ??0? EXHIBIT n g • EEXHIBIT r 0 0 L.1 C i C1 EXHIBIT `?K>z?41'-J i 0 EXHIBIT ?s. ?cetkx E 0 E EXHIBIT ?? 1 ?r i ., . ?_ _ :;:.:,- . P 0 ;wm,,,, , CJ ,i*/-, E 0 0 EXHIBIT • LJ • EXHIBIT ?j ?`lQ r^- l ?J 0 0 0 - I - EXHIBIT ?5. ?I?r? CS 0 E EXHIBIT a ?5? 0 0 1161& 0 0 0 0 EXHIBIT 1Q J. Koll?v LJ i LIBIT ) RECORDED STATEMENT OF SCOTT WAYNE KELLER • 0 E Page 1 Claim #AWT9438 CL: This is Carla Lang interviewing Scott Keller at 13 Gasoline Alley, Carlisle, Pennsylvania 17013. Today is Wednesday, May 8th, and it's approximately 3:40 in the afternoon. Scott, do I have your permission to record the interview? SK: Yes you do. CL: Can you state for me your full name? SK: Scott Wayne Keller. CL: And your current address? SK: 9 Gasoline Alley, Carlisle, Pennsylvania 17013. CL: And your date of birth? SK: 2-15-67. CL: Social security number? SK: 198-62-7311. CL: Are you currently employed? SK: No. CL: Are you married? SK: No. CL: Do you have any dependents, any children? SK: Yes, one son, sixteen years old. CL: And does he reside with you? SK: Yes. EXHIBIT CL: The reason for this interview is regarding an incident where a gentleman had fallen on some steps outside a mobile home that you reside in on the property owned by your father Wayne Keller. The incident happened on September 25, 2000. Do you recall that incident? SK: Yes I do. CL: And were you home at the time when the gentleman slipped on your wood steps leaving your mobile home? SK: Yes. CL: Can you tell me why the gentleman was at this property on September 25th? SK: He was interested in buying a quarter midget, uh miniature kid's racecar I had for sale. 1 MINUSCRIPT 1 CLARENCE "BUD" SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA 2 V. NO. 02-4083 3 KELLER'S USED CARS, SCOTT CIVIL ACTION - LAW 4 W. KELLER, JOAN E. KELLER,: and WAYNE P. KELLER, 5 Defendants. JURY TRIAL OF TWELVE DEMANDED 6 7 8 9 DEPOSITION OF: JOAN E. KELLER 10 TAKEN BY: Plaintiff 11 BEFORE: Tammy L. Bock, Court Reporter, Notary Public 12 DATE: November 14, 2005, 2:38 p.m. 13 PLACE: Martson, Deardorff, Williams & Otto 14 Ten East High Street Carlisle, Pennsylvania 15 16 17 18 APPEARANCES: 19 METTE, EVANS & WOODSIDE BY: ANDREW H. DOWLING, ESQUIRE 20 FOR - PLAINTIFF 21 MARTSON, DEARDORFF, WILLIAMS & OTTO BY: DAVID A. FITZSIMONS, ESQUIRE 22 FOR - DEFENDANTS KELLER'S USED CARS, JOAN E. KELLER and WAYNE P. KELLER 23 24 25 ' ntral is rt Reporting Services 0-863-3657 • 717-258-3657 • 717-258-0383 fax -"----? courtreporrers4u@adcom i • 1 2 1 CLRENCE "BUD" SNYDER, IN THE COURT OF CCH-UN PLEAS OF 1 IN= TO TEETASNY Plaintiff, CJMBERL%JD =Y, PENNSYLVANIA 2 2 OPPONENT EXAMINATION PAGE W. 02-4083 V 3 . 3 Joan E. Keller By W. Bawling 3 KILLER - S USED CARS, SCOTT CIVIL ACTION - IPW 4 W. KET ER, JOAN E. KELIER,: 4 By Mr. Fitsxi? s -- and WAYNE P. KELLER, 5 Defendants. JURY TRIAL OF TWELVE DEMANDED 5 6 6 7 7 8 B 9 DEPOSITION OF: JOAN E. MEN= 9 10 TAKEN BY: Plaintiff 10 11 BEFtS E: Tamny L. lock, 11 I MM M EXFM31TS Court Reporter, Notary Public 12 12 M. CESCRIPSIW P%£ LATE: Nove Der 14, 2005, 2:38 p.m. 13 13 )None.) PLACE: Marts., Deardorff, Williams 6 Otto 14 Ten East High Street 14 Carlisle, Penmsylvdnia 15 15 16 16 17 17 18 APPEARANCES: 18 19 ME'ITE, EVPNS 6 WI MSICE 19 BY: ANDREW H. DOWLING, ESQUIRE 20 FOR - PLAINTIFF 20 21 hIARTSW, DEARDORFF, WILLIAMS 6 ONTO 21 BY: DAVID A. FITZSItrCMIS, ESQUIRE 22 FOR - DEFENDANTS SELLER'S USED C° , JOAN 22 E. KELLER and YiPMsL P. KELLER 23 23 24 24 25 25 3 4 1 STIPULATION 1 Q Yeah. There's other property back there as „ It is hereby stipulated by and between counsel 2 we11? 3 for the respective parties that reading, signing, sealing, 3 A Pack Gasoline Alley, there's other property. 4 certification and filing are hereby waived; and that all 4 Q Did you work for Yeller's Used Cars? 5 objections except as to the form of the question are 5 A No. 6 reserved to the time of trial. 6 Q Are you currently employed? 7 7 A No. 8 "N E. EEf1EMt, called as a witness, being duly 8 Q When was the last time you were employed? 9 sourn, was examined and testified as foliow's: 9 A Let me think. It's been so long. I'd say about 10 10 six years ago during tax season only that I worked. 11 E%FPMOSMi 11 Q What did you do? 12 BY NE. D991ZNG: 12 A I worked for Jackson Hewitt, and we made up 13 Q Could you state your full name? 13 people's income tax is what we did. 14 A Joan E. Keller. 14 Q Okay. Did you do the back work for Keller's 15 Q And your date of birth? 15 Used Cars? 16 A 10/15/43. 16 A No. 17 Q And you are Wayne's wife? 17 Q Who did that? 19 A Yes. 1B A Actually my daughter, and Wayne did whatever he 19 Q And you live at 99 Wolf's Bridge Road? 19 did, but I'd say my daughter most. 20 A Yes. 20 Q Okay. Did you ever give a reawrded statement as 21 Q And how far did you go in school? 21 a result of this accident? 22 A 12th. 22 A Excuse me? 23 Q You am sage pcoparty with your husband back 23 Q Did you ever give a recorder] statement as a 24 there on Wolf's Bridge and Gasoline Alley? 24 result of this accident? 25 A That's where our house is located. 25 MR, FITZSIMJNS: Objection to the form. i 0 E 5 6 1 THE WITNESS: I don't know, I really don't. I 1 Q When did he tell you that? 2 can't rariarlxr. 2 A I don't know. You're going track a few years 3 Be W. Wn'ISNG: 3 here. 4 Q Okay. We marked as W. Keller Exhibit 2, a 4 Q Okay. Do you recall at sore point that your 5 statarent that your husband had given fret a lady fret the 5 son Scott had a Ertel midget car for sale? 6 insurance Coure k, over the phone. It's called a recorded 6 A Yes. 7 statement . 7 Q ro you recall where that car was located? 8 A Okay. B A Yeah, in my front yard chained to, like, a 9 Q And I'm wondering if you ever gave one similar 9 telephone pole or aarething like that. 10 to that. 10 Q And do you now how long it had been in your 11 A Nc. 11 front yard? 12 Q in you b.11- when your husband gave that? 12 A I don't know. 13 A No, I don't. 13 Q Was there any signs out there with it saying, 14 Q Okay. Do you recall the day of this accident 14 for sale? 15 that Mr. Snyder fell on the steps? 15 A I don't renenther. 16 A No. 16 Q Do you recall anybody ever carting to house and 17 Q Da you recall if you were hate that day? 17 asking about it? 18 A Yes. 18 A Yes. Mr. Snyder did cane to my beck door. 19 Q What happened that day? 19 Q And you saw him out in the waiting roan today? 20 A I only now what I was told, so I don't know. 20 A Yes. I only knew he was there because he 21 Q Okay. What were you told? 21 answered the phone. I didn't, you know -- 22 A Well, I was told that sarethdng -- that he had 22 Q Did you remani2e him? 23 fallen. That's a11. 23 A No. 24 Q Wno told you that? 24 Q So you recall, do you recall Nor. Snyder tuning 25 A My son and. 25 to your door? 7 8 1 A Yes. 1 the house? 2 Q And do you recall when that was? 2 A Yes. 3 A No 3 Q Okay. Where was your husband at that titre? 4 Q Okay. Dn you recall what day of the week it 4 A I don't knaa. 5 was? 5 Q Okay. Ard than you said to Mr. Snyder, my son 6 A No. 6 owns it; it's back there - he lives back there? 7 Q to you recall what time of day it eras? 7 A Yeah. 8 A No. 8 Q Okay. What happened next? 9 Q Okay. But you recall him eating and talking to 9 A I didn't see the man. I answered the door, and 10 you? 10 1 closed the door and I don't Ynor what happened. 11 A Yeah. He just asked rte -- 11 Q That's the last you know of this? 12 Q What aid he say? 12 A That's right. 13 A Just asked me, you loan, did I have that car for 13 Q Okay. And then sate time later, you found out 14 sale. I said, no, we don't; it belongs to my son. 14 this accident happened? 15 Q And then what else was said? 15 A Only when it rotate a legal thing. 16 A And I told his, and he said, well, where's your 16 Q Okay. When legal papers were filed? 17 son; how can I get him, find him. I said, he lives in that 17 A Yeah, because nothing, you know -- 18 trailer back there. That was it. 18 Q That's the first you knew an accident happened? 19 Q Okay. And you ware in your house when this 19 A No. Swat had told me a man fell. 20 happened? 20 Q Okay. 21 A Yes. 21 A 6rt that was all I knew, took place. I didn't 22 Q He mop to your door? 22 know why, how. 23 A I was in my house when that happened. 23 Q Okay. W yai recall when Scott told you a rah 24 Q When Mr. Snyder came to your house, you were in 24 fell? 25 the house, and he came and talked to you when you were in 25 A hb. 0 • J 1 Q Okay. Was it within days, weeks, months of the 9 1 Q Have you ever had an 10 y any problems with the steps? 2 fall or con'[ you know? 2 A Nb. 3 A I don't know. 3 Q Has Scott -- 4 Q Okay. Was there other people that came to your 4 A I have new knees. 5 door asking about the quarter midget car other than Mr. 5 Q leg your pardon? 6 Snyder? 6 A I have new knees, and I go up and down those 7 A NC. steps. 8 Q He was the only one? B Q When did you get new knees? 9 A That I can rm'anber. 9 A Just last year, both of then in 2004. 10 Q Okay. Was Scott, in September of 2000, was 10 Q Okay. Does Scott have same kind of shingles on 11 Scott employed? 11 the steps now? 12 A September 2000, no. I don't remember. 12 A Yes. 13 Q Okay. W you recall - let me ask you this: 13 Q Okay. Did Scott ever tell you he's fallen on 14 you recall Scott ever helping out with the car lot? 14 his steps? 15 A No. 15 A Scott fall? 16 Q Did Scott ever do anything to help out, like 16 Q Did Scott ever tell you he fell on his steps? 17 wash cars or do anything like that? 17 A Who fell on his steps? 18 A No, not that I know of. 18 Q Did Scott ever tell you that he, Scott, fell on 19 Q Okay. When was the last time Scott was 19 his steps? 20 employed? 20 A Not to my knowledge, no. 21 A I don't know. 21 4 Are you aware of anybody other than Mr. Snyder 22 Q Have you ever been back to Scott's trailer? 22 falling co these steps? 23 A Yes. 23 A No. 24 Q Have you gone up and down those steps? 29 Q Did you rt'eet. with your lawyer prior to tray to 25 A Yes, I have. 25 prepare fo r these depositions? 1 MR. FITZSINANS: Objection to the form. You can 1 Scot together about this accident? 12 2 answer hum, 2 A No. 3 THE WITNESS: No. I don't know. I met so many 3 Q Did the three of you ever discuss the accident 4 different people. 4 together? 5 MR, FITZSEVENS: Well, you and Mr. Keller and I 5 A Nbt together, no. 6 met for a few minutes when you first arrived at the office 6 MR. DOWLING: Okay. That's all I have. Thank 7 today. 7 you. 8 THE WITNESS: Oh, yes. 8 (The deposition concluded at 2:50 p.m.) 9 MR. FITZSn4DNS: You can tell Mr. Dcwling that 9 10 we met, but he's not going to ask you anything that we said 10 11 to each other. 11 12 THE WITNESS: Oh, okay. Yes, we have. 12 13 EY MR. COALING: 13 14 Q So you have, and that was today? 14 15 A Yes. 15 16 Q For how long? 16 17 A Ten minutes. 17 18 Q Okay. It was you and Wayne, correct? 18 19 A My husband, yes. 19 20 Q Was Scott in the roar? 20 21 A No. 21 22 Q Is that the only time you've been to this law 22 23 office? 23 24 A Yes. 24 25 Q Did you ever have a meeting with you, Wayne and 25 1 ?TH OF PE syhvANL4 ) 13 • 2 C3[JN1T OF CUMBERLAND ) 3 4 I, TA^MY L. BS,IC, a Court Reporter-Notary Public 5 authorized to administer oaths and take depositions in the 6 trial of causes, end having an office in Carlisle, 7 Pennsylvania, do hereby certify that the foregoing is the 8 testimony of JOAN E. ?. 9 I further certify that before the taking of said 10 deposition, the witness was duly aware; that the questions 11 and answers sere taken down stenotype by the said 12 Reporter-Notary, approval and agreed to, and afterwards 13 reduced to conputer printout under the direction of said 14 Reporter. 15 1 further certify that the proceedings and 16 evidence are contained fully and accurately in the notes 17 taken by rte on the within deposition to the best of my 18 ability, and that this copy is a correct transcript of the 19 some. 20 In testimony whereof, I have hereunto inscribed 21 my hand this 14th day of November, 2005. 22 23 y 24 Reporter-notaRy lic 25 0 0 -0- 02083 [i] 1:2 -1- 10 [1] 3:16 12th [1] 3:22 14[1] 1:12 14th [1] 13:21 15 [1] 3:16 .2. 2 [31 1:12; 5:4; 12:8 2000 [2] 9:10, 12 2004[1] 10:9 2005 [21 1:12; 13:21 9 f? J -3- 3[1] 2:3 38[1] 1:12 -4- 43 [1] 3:16 -5- 50 [1] 12:8 .9. 99 [1] 3:19 -A- ability [1] 13:18 accident [7] 4:21 24; 5:14; 8:14, 18; 12:1, 3 accurately [1] 13:1E action [11 1:3 actually[1] 4:18 administer[1] 13:5 afterwards [11 13:12 ago [11 4:10 agreed [1] 13:12 alley [2] 3:24; 4:3 andrew[1) 1:19 answer[1] 11:2 answered [2] 6:21; 8:9 answers [1] 13:11 appearances [1] 1:18 approved [1] 13:12 arrived [1] 11:6 asked [2] 7:11, 13 asking [2] 6:17; 9:5 authorized [1] 13:5 aware [1] 10:21 -B- became (11 8:15 beg [1] 10:5 belongs [1] 7:14 best [1] 13:17 between [1] 3:2 birth [1] 3:15 bock [3] 1:11; 13:4, 23 book [1] 4:14 bridge [2] 3:19, 24 bud [1] 1:1 -C- called [2] 3:8; 5:6 car [5] 6:5, 7; 7:13; 9:5 carlisle [2] 1:14; 13:6 cars [5] 1:3, 22; 4:4, 15; 9:17 causes [1] 13:6 certification [1] 3:4 certify [3] 13:7, 9, 15 chained [1] 6:8 civil [1] 1:3 clarence[1] 1:1 closed [1] 8:10 common [1] 1:1 commonwealth [1] 13:1 company [1] 5:6 computer [1] 13:13 concluded [11 12:8 contained [1] 13:16 copy [1] 13:18 counsel [11 3:2 county [2] 1:1; 13:2 court [3] 1:1, 11; 134 cumberland [2] 1:1; 13:2 currently [1] 4:6 D- date [2] 1:12; 3:15 daughter [2] 4:18 19 david [1] 1:21 day [6] 5:14, 17, 19. 7:4, 7; 13:21 days [11 9:1 deardorff [2] 1:13. 21 defendants [2) 1:5, 22 demanded [11 1:5 deponent[1] 2:2 deposition [4] 1:9; 12:8; 13:10, 17 depositions [21 10:25; 13:5 description [1] 2:12 different [1] 11:4 direction [1] 13:13 discuss [1] 12:3 door [6] 6:18, 25; 7:22; 8:9, 10; 9:5 dowling [71 1:19; 2:3; 3:12; 5:3 11:9,13; 12:6 down [3] 9:24; 10:6; 13:11 duly [2] 3:8; 13:10 during [11 4:10 E- east[i] 1:14 employed [4] 4:6, 8; 9:11, 20 evans [11 1:19 evidence [t] 13:16 examination [2] 2:2; 3:11 examined [t] 3:9 except [1] 3:5 excuse [1] 4:22 -F- fall [2] 9:2; 10:15 fallen [21 5:23; 10:13 falling [1] 10:22 far [1] 3:21 fell [6] 5:15; 8:19, 24; 10:16,17, 18 few [2] 6:2; 11:6 filed [1] 8:16 filing [1] 3:4 find [1] 7:17 fitzsimons [6] 1:21; 2:4; 4:25; 11:1, 5, 9 follows [11 3:9 foregoing [1] 13:7 form [3] 3:5; 4:25; 11:1 found [1] 8:13 front [2] 6:8, 11 full [11 3:13 fully [1] 13:16 further [2] 13:9, 15 G- gasoline [2] 3:24; 4:3 gave [2] 5:9, 12 give [2] 4:20, 23 given [1] 5:5 gone [1] 9:24 .H- hand [1] 13:21 happened [7] 5:19; 7:20, 23; 8:8, 10, 14,18 having [1] 13:6 help[1] 9:16 helping [1] 9:14 hereby [3] 3:2, 4; 13:7 hereunto [1] 13:20 hewitt[1] 4:12 high [1] 1:14 his [4] 10:14, 16, 17,19 home[s] 5:17 house [71 3:25; 6:16; 7:19, 23, 24, 25; 8:1 husband [5] 3:23; 5:6,12; 8:3; 11:19 -1- income[s] 4:13 index [2] 2:1, 11 inscribed [1] 13:20 insurance [1] 5:6 -J- Jackson [11 4:12 Joan [7] 1:4, 9, 22; 2:3; 3:8, 14; 13:8 jury [1] 1:5 .K. keller [12) 1:4, 9, 22; 2:3; 3:8, 14; 5:4; 11:5; 13:8 keller's [4] 1:3, 22; 4:4, 14 kind [1] 10:10 knees [3] 10:4, 6, 8 knew [31 6:20; 8:18, 21 knowledge [1] 10:20 -L- lady [1] 5:5 last [4] 4:8; 8:11; 9:19; 10:9 later[1] 8:13 law [2] 1:3; 11:22 lawyer [1] 10:24 legal [2] 8:15, 16 live [11 3:19 lives [2] 7:17; 8:6 located [2) 3:25; 67 long [3] 4:9; 6:10; 11:16 M- made[1] 4:12 man [3] 8:9, 19, 23 marked [11 5:4 martson [2] 1:13, 21 meet [1) 10:24 meeting [1] 11:25 met [3] 11:3, 6, 10 mette[1] 1:19 midget [2] 6:5; 9:5 minutes [21 11:6, 17 months [1] 9:1 most[1] 4:19 N- new [3] 10:4, 6, 8 none [1] 2:13 notary[t] 1:11 notes [1] 13:16 nothing [1) 8:17 november [2) 1:12; 13:21 0- oaths [1] 13:5 objection [2] 4:25; 11:1 objections [1] 3:5 office [3] 11:6, 23; 13:6 otto [2] 1:13, 21 over[1] 5:6 own [11 3:23 owns [t] 8:6 -p- page [2] 2:2, 12 papers [11 8:16 pardon [1] 10:5 parties [1] 3:3 pennsylvania [4] 1:1, 14; 13:1, 7 people [2) 9:4; 11:4 people's [1] 4:13 phone [2] 5:6; 6:21 place [2] 1:13; 8:21 plaintiff [3] 1:1, 10, 20 pleas [1] 1:1 point [1] 6:4 pole [1] 6:9 prepare [s] 10:25 printout [1] 13:13 prior [1] 10:24 problems [1] 10:1 proceedings [1] 13:15 property [3] 3:23; 4:1, 3 public [3] 1:11; 13:4, 24 Q- quarter [2] 6:5; 9:5 question [1] 3:5 questions [1] 13:10 R- reading [1] 3:3 recall [15] 5:12, 14 17; 6:4, 7, 15, 24; 7:2, 4, 7, 9; 8:23; 9:13, 14 recognize [1] 6:22 recorded [3] 4:20 23; 5:6 reduced [1] 13:13 remember [4] 5:2; 6:15; 9:9, 12 reporter [2] 1:11; 13:14 reporter-notary [3] i • 13:4,12, 24 reserved [1] 3:6 respective [11 3:3 result [2] 4:21, 24 right [1] 8:12 road [1] 3:19 room [2] 6:19; 11:20 S- sale [3) 6:5, 14; 7:14 saw [1] 6:19 school [1] 3:21 scoff [18] 1:3; 6:5; 8:19, 23; 9:10, 11, 14, 16, 19; 10:3, 10, 13, 15, 16, 18; 11:20; 12:1 scoff's [1] 9:22 sealing [1] 3:3 season [1] 4:10 september [2] 9:10, 12 shingles [1] 10:10 signing [1] 3:3 signs [1] 6:13 similar[1] 5:9 snyder [8] 1:1; 5:15; 6:18, 24; 7:24; 8:5; 9:6; 10:21 son [5] 5:25; 6:5; 7:14, 17; 8:5 as [1] 13:1 state [1) 3:13 statement [4] 4:20, 23; 5:5, 7 stenotype [1] 13:11 steps [10] 5:15; 9:24; 10:1, 7, 11, 14, 16, 17, 19, 22 stipulated [1] 3:2 stipulation [1] 3:1 street[1] 1:14 sworn [2] 3:9; 1310 -T- taking [1] 13:9 talked [1] 7:25 talking [1] 7:9 tammy [3] 1:11; 13:4, 23 tax [2] 4:10, 13 telephone [1] 6:9 tell [5] 6:1; 10:13, 16, 18; 11:9 testified [1] 3:9 testimony [3] 2:1; 13:8, 20 than [2] 9:5; 10:21 time [7] 3:6; 4:8; 7:7; 8:3, 13; 9:19; 11:22 today [4] 6:19; 10:24; 11:7, 14 together [3] 12:1, 4, 5 told [7] 5:20, 21, 22, 24; 7:16; 8:19,23 took [1] 8:21 trailer [2] 7:18; 9:22 transcript[t] 13:18 trial [3] 1:5; 3:6; 13:6 twelve[1] 1:5 U- under [1] 13:13 up [3] 4:12; 9:24; 10:6 used [4] 1:3, 22; 4:4,15 W- waiting [1] 6:19 waived 111 3:4 wash [1] 9:17 wayne [5] 1:4, 22; 4:18; 11:18, 25 wayne's [1] 3:17 week[1] 7:4 weeks (1] 9:1 where's [1] 7:16 whereof [1] 13:20 wife [1] 3:17 williams [2] 1:13, 21 witness [6] 3:8; 5:1; 11:3, 8, 12; 13:10 wolfs [2] 3:19, 24 wondering [1] 5:9 woodside[1] 1:19 work [2] 4:4,14 worked [2] 4:10, 12 Y- yard [2] 6:8, 11 year[1] 10:9 years [2] 4:10; 6:2 MINUSCRIPT 1 < 1 CLARENCE "BUD" SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA 2 V. NO. 02-4083 3 KELLER'S USED CARS, SCOTT CIVIL ACTION - LAW 4 W. KELLER, JOAN E. KELLER,: and WAYNE P. KELLER, 5 Defendants. JURY TRIAL OF TWELVE DEMANDED 6 7 8 9 DEPOSITION OF: WAYNE P. KELLER 10 TAKEN BY: Plaintiff 11 BEFORE: Tammy L. Bock, Court Reporter, Notary Public 12 DATE: November 14, 2005, 1:28 p.m. 13 PLACE: Martson, Deardorff, Williams & Otto 14 Ten East High Street Carlisle, Pennsylvania 15 16 17 18 APPEARANCES: 19 METTE, EVANS & WOODSIDE BY: ANDREW H. DOWLING, ESQUIRE 20 FOR - PLAINTIFF 21 MARTSON, DEARDORFF, WILLIAMS & OTTO BY: DAVID A. FITZSIMONS, ESQUIRE 22 FOR - DEFENDANTS KELLER'S USED CARS, JOAN E. KELLER and WAYNE P. KELLER 23 24 ---'* 25 ntral is 1 rt Reporting Services 0-863-3657 • 717-258-3657 • 717-258-0383 fax courtreporters4u@aolcom 0 • • 1 CIARENC'E "BLE)" SNYDER, IN THE COURT OF C1443N PLEAS OF I 1 INDEX TO 1841'IIM 2 Plaintiff, C243ERIAND COUNTY, PENNSYLVANIA 2 2 DES' T EXANUNATION PAGE NO. 02-4083 V 3 . 3 Wayne P. Keller By Mr. Douing 3 KFrLR'S USED CARS, SCOTT : CIVIL ACTION - LnNI 4 W. KELIER, JOAN E. PTILLFR, : 4 By Mr. Fitzsimons -- are] WAYNE P. KELIER, 5 Defendants. JURY TRIAL OF TWELVE DEMANDED 5 6 6 7 7 8 8 9 DEPOSITION OF: ?AYPE P. XEJ 9 10 TAKEN BY: Plaintiff 10 11 BEFORE: Tarmy L. Bock, 11 INDEX 10 EXHIBITS Court Reporter, Notary Public 12 12 CPJ. DESCRIPTION PPd£ DATE: November 14, 2005, 1:28 p.m. 13 13 1 Drawing 10 PLACE: Martson, Deardorff, Williams a Otto 14 Ten East High High Street 19 2 Statement 36 Carlisle, Pennsylvania 15 15 16 16 17 17 10 APPEARANCES: 18 19 METTE, E S 6 WWUSIM 19 BY: ANDREW H. DOLING, ESQUIRE 20 FOR - PLAINTIFF 20 21 MARTSON, DE'ARDORFF, WILLLRWIS 6 =0 21 BY: DAVID A. FITZSIMONS, ESQUIRE 22 FOR - DEFENDANTS F'ETTER'S USED CARS, JOAN 22 E. KELLER and NAYNE P. KELLEP. 23 23 24 24 25 25 3 4 1 STIPULATION 1 Q Retired? 2 It is hereby stipulated by and between counsel 2 A Yeah. 3 for the respective parties that reading, signing, sealing, 3 Q Okay. At some, at a titre, did you own Keller's 4 certification alp filing are hereby waived; and that all 4 Used Cars? 5 objections except as to the form of the question are 5 A Correct, yes. 6 reserved to the time of trial. 6 Q And of what period of time, from what date to 7 7 what date? 8 IicYlE P. xal , called as a witness, being duly 8 Q 191 until, I guess, end of March of this year. 9 sworn, was examined and testified as follows; 9 Q March of 'c5i i0 10 A Yes. 11 XXPMDM IQi 11 Q During that time, were you the sole proprietor? 12 BY MR. DOWLING: 12 A Yeah, I'd say yes, I guess, yeah. 13 Q State your full name. 13 Q You didn't own it with your wife, or did you? 14 A Wayne P. Keller. 14 MR. FITZSP&NS% Wjecticn to the form. 15 Q And date of birth? 15 THE WITNESS: I'd say no. Her name isn't on my 16 A 10!4141. 16 license. 17 Q And where do you live? 17 By MR. COWLING: 18 A 99 Wolf Bridge Road, Carlisle. 18 Q Okay. And what happened in March of 2005? 19 Q And hPw long have you lived there? 19 A I retired. I was able to -- well, semi-retired. 20 A Since '84. 20 I'm able to collect benefits. My health's not been the 21 Q What's your - how far did you go in scooL? 21 greatest, se S closed -- I rented out my car lot, closed my 22 A 8th grade, but I didn't get no 8th grade 22 business. 23 cduatim. 23 Q Okay. And wtien Keller's Used Cars was in 24 Q Okay. Are you currently employed? 24 business, what was its official location? 25 A No. 25 A 13 Gasoline Alley. • 1 Q And what kind of, did you have any particular 2 kind of cars that were sold there? 3 A Yeah, mostly Working-class man, Taurus-type 4 cars, trucks, working trucks. 5 Q And did you have eWloyees? 6 A No. 7 Q So you would do the selling? 8 A Oh, yeah. 9 Q Where Would you get the cars? 10 A Auction. 11 Q You would go to auction yourself and get then? 12 A Yes. 13 Q Did you ever have people get cars for you? 14 A No. A professional buyer, you mean? 15 Q Anybody beside yourself. I don't want to 16 categorize then, but -- 17 A I had a man that used *A help me sell cars, and 18 he could go to the auction also if he knew what our 19 customer wanted. 20 Q So when you said you had a man help you sell 21 cars, in What way did he help you sell cars? 22 A Only if he had somebody that he knew who said 23 they wanted a new Cadillac or sarathing like that and he 24 new that the people woad buy it, then it could go through 25 my -- he could buy it, and we'd sell it to him. 5 1 Q Would he sell cars for you on the lot? 2 A No. 3 Q His,, Would he sell cars for you then? 4 A people he knew. He's a person that knows an 5 incredible ?t of people. 6 Q Is he kind of an in-between kind of guy? 7 A When you say in between? 8 Q Well, I don't want to put words in your Muth. 9 I'm trying to find out in what way he sold cars for you. 10 A He's in some multi -market leveling business. 11 How do you say it, multi-market level-type business? He 12 knows an incredible amount of people. 13 Q let me ask it this way: Tell me, explain to me 14 the scenario in which this gentleman would sell a car for 15 you? 16 A Chly if he 4new you and you said, I want to buy 11 my kid a Taurus; can yen get me a real good deal on one and 18 will you check it out real goad. And he, himself, would do 19 all the Work. So he's an expert mechanic; he would check 20 out a car, buy it and We wwld sell it to him. 21 Q so this -- what's this guy's name? 22 A Bob Rhony. 23 Q Okay. So Mr. Rhony would find someone who '4 wanted to buy a car, and he Would come to you and say, do 25 you have such and such a car? 6 1 A No. He would know if I had it. He always had 2 to go out and buy it. He'd use his money to pay for it 3 until we sold it, and then he'd get his money back. He was 4 strictly on his own. 5 Q Wvnd he know What cars you had on your lot? 6 A Ch, yeah. It, he'd have to driving by. 7 Q Would he core and buy the car from you and sell 8 it to the other person? 9 A No. He'd say, Wayne, this man wants a Cadillac 10 for his wife. 11 Q Okay. 12 A And it's got to be in this price range; I can 13 try and find one and he's going to trust my judgement I 14 Imow what colors rot to buy; I know what be Wants if I get 15 it. 16 Q So this Mr. Rhony -- 19 A et-Y. 18 Q - would tell you what he Wanted, and you'd go 19 and get it? 20 A No, because he would check it out. 21 Q Why do you have - let me ask you this: Why do 22 you have to he in the mix? 23 A Well, because I am, was a licensed valet. 24 Q And Mr. Funny was not? 25 A No, but he was a licensed salesman to sell cars 7 1 in our state. 2 Q So he needed you to canplete the deal? 3 A He had to -- I don't knave. Ha.+ do I anaMer 4 that? 5 Na. YITZSMNS: bujection to the form. 6 THE WITNESS: I don't know if he needed me, I 7 needed him. I don't know. 8 6 MR. AILING: 9 Q Okay. Did you pay Mr. Rhony money? 10 Pot. FITZS'TmONS: Cojection to the form. You 11 mean as an employed? 12 MR. DQ]LING: No. I'm not there yet. I'm just 13 trying to figure this out. 14 THE WITNESS: See, I don't know where he falls 15 into this. 16 2Y MR. DE'LING: 17 Q Did you ever pay Mr. Rhony money? 18 A Did I give him money, yes. 19 Q Okay. Would you issue a check to him, cash 20 or -- 21 A Check. 22 Q Check. Would it be under Weller'. Used Cars' 23 dnecking? 24 A Y.S. 25 Q Okay. And dial you ever issue him a 1099? 8 9 0 1 A µe. I wouldn't think I'd have to. I wouldn't 2 know what for. 3 Q Okay. Did you consider Mr. Phony an euployee? 4 A Ke any. I wouldn't want no employee. 5 Q Okay. Hw many times was tin. Phony involved in 6 finding buyers of cars for you? 7 A It wasn't -sexy often. I Carl t specify an 8 a o t. 9 Q Okay. 10 A I don't know. It might go two months and three 11 months arcs nothing would happen. 12 Q iss,ribe tar me, Mr. Keller, the kind of 13 physical layout of the various property, your propert y 14 where you live, where your cer lot was, where Scott's 15 trailer was. Explain that layout to me. 16 A I live at 99 Wolf Bridge Road. The property 17 would lz probably, like, if it was this piece of paper 18 facing this way and this was Gasoline Ailey where the car 19 lot was and that would be the turnpike over there. The 20 property i5 shaped like this, and this would be Wolf Bridge 21 Road, Gasoline Alley. The car lot was here. Scott lived 22 lack here. I lived here. 23 Q to you want to draw a diagram? 24 A Well, yeah. Let's see. what is Scott's 25 address, 9? He doesn't live on Gasoline Alley. He lives 1 Q Is that caned by bath you and your wife? 2 A Yeah. 3 Q Okay. Now, 13 Gasoline Alley, you have a small 4 bux for t hat. What's that supposed to signify? 5 A Oar lot. 6 Q Keller's Used Car lot? A Yeah. P Q And who's the owner of that? Well, you already 9 told me. It sits on the property with everybody else? 10 A It's one dead, my wife and I. 11 Q Okay. And that includes 9 Gasoline Alley? 12 A Everything, um-hum. 13 Q Okay. Where was, on this diagram that you drw', 14 where was the -- was there a sign for Keller's Used Gars 15 when it was in operation? 16 A Yeah. 17 Q Whew was that located, if yoo evild just write 18 the word sign or safething? 19 (Witness complies.) 20 Okay. So you said the word sign twice. There 21 was two signs? 22 A Of, yeah. 23 Q And there was one at the earner of Wolf Bridge 24 Road and Gasoline Alley? 25 A Yes. g 10 1 Lack in the field, but he has to have a numlor for the post 2 office. Is that what you meant? 3 MR. WdLING: can you mark that as W. Keller 4 Exhibit 1? 5 (W. Keller Exhibit Na. 1 was marked.) 6 BY MR. COfiLING: 7 Q Okay. Mr. Keller, we've marked, as W. Keller 8 Exhibit 1, the diagram you drew. Now, you drew, kind of a 9 big box? 10 A Yeah. 11 Q And in the Box, you put c=main things. What's 12 the big tox supposed to represent? 13 A As you said, draw the property. It's 1175 tong, 14 1176 long and 325 wide. 15 Q You own all that property? 16 A Yeah. 17 Q Okay. Acv1 are you the sole owner of that 18 property? 19 A My wife and I. 20 Q So the property is wined by Wayne and Joan 21 Keller? 22 A Yes. 23 Q Okay. Nw, you have your bane, which is 99 24 Wolf's Bridge Road? 25 A Yes. 12 1 Q And the other was -- 2 A At the car lot. 3 Q At the car lot. Okay. 4 A ch-hum. 5 Q Okay. What kind of signs were they, 6 billboard type sign? 7 A Well, the sign at the car lot was a '59 M7\ 8 trunk lid with lettering on it. The sign on Gasoline 9 Alley -- I'm sorry -- the sign on Wolf Bridge Read was just 10 a sign with machita-made letters, I guess, vinyl letters. 11 It said Carlisle Auto Salvage on it; it said Keller's Used 12 Gars on it so people would knw, where to turn. 13 Q Hw big was that sign at the corner of Wolf's 14 Bridge and Gasoline? 15 A Probably 3 feet high, I'm guessing, and 5 feet 16 long, wide. 17 Q Did it have, like, an arrw, pointing back, or 18 was it just a sign? 19 A I don't think there's an arrow. I don't think. 20 I think there was an arrow on the other side that was 21 covered up. 22 Q Okay. 23 A They're all out of proportion where I drown 24 Q I understand. 25 A Soott's trailer's really dam here. 9 0 0 1 Q Okay. 2 VS. FITzSI1474S: Just for the record, Mr. Keller 3 was indicating, when he said Scott's trailer is really dean 4 here, you're indiczting that it's further back in the field 5 than you've shown it there? 6 THE WITNESS: Yeah, and it's further away from 7 the office, or from the car lot, I lean. This here shwld 8 be down probably where this is maybe. 9 MR. DOWLING: We'll agree that your diagram's 10 not to scale. 11 THE WITNESS: Right. 12 MR. FITZRRIONS: And to proportion, as he said. 13 DY MR. DCWLING: 14 Q Did Scott ever pay - does Scott own the trailer 15 at 9 Gasoline Alley? 16 A Yes. 17 Q Did he ever pay -- let me start again. Did he 18 buy the trailer, or did you buy it for him? 19 A My tatter bought it for him. 20 Q Okay. Was it free and olear when your dad 21 bought it for him? 22 A My dad had it financed for a while. 23 Q Your dad paid it off? 24 A Uo-high. 25 Q Did Smtt ever pay any kind of rent to you for 1 A Anything. He helped me get his ham off the 2 floor, him and his boy, the other morning. If the car 3 would need brakes put on it, he'd do it to help us out, 4 just the normal care of my wife's Ford. 5 Q Was Scott a good mechanic? 6 A He might say so. I don't know. 7 Q What would you say? 8 A Wall, does that matter what I think? 9 Q See. I'm asking do you think he was a good 10 mechanic? 11 A Well, he's my son, so I'm going to say, yeah, 12 he's the Mist. Now, there's a lot of people who disagree 13 with me, but -- 14 Q Okay. Did he ever do any mechanical work on any 15 of your used cars at the lot? 16 A Very seldom. 17 Q What kind of work when he did do it would he do? 18 A Help me polish a car, help me wash a car. 19 Q Okay. Other odd jobs he would do around the 20 property, what other mind of cdei lobs would he, do? 21 A Well, he helped me build a building. He helped 22 me -- he Wilt the office for me, the car lot office. If 23 our furna ce breaks at home, he helps me fix it -- well, he 24 fixes it. 25 Q Cut grass? 13 14 1 having his trailer on your land? 2 A No. 3 Q Did Scott ever have insurance on his trailer? 4 A There was insurance on it paid by me because my 5 dad had me promise him I would keep it insured for Scott 6 because Sett ceuloh't keep it insured. 7 Q At some point, did you stop paying and that 8 insurance lapsed? 9 A It lapsed about a month before that man -- 10 Q One month before the fall? 11 A I think -- no, wait. No, I'm sorry. There was 12 a ore-nnnth period where it wasn't covered. Okay? 13 Pp arently it lapsed and then reinstated, but in that 14 30 day period over 16 years is when this guy fell down the 15 steps. 16 Q Okay. Is there insurance on it now? 17 A I don't think so. I got it, and then it was 18 canceled. 19 Q Okay. 20 A I missed a payment. I'd say no, there is he 21 insurance on it. 22 Q Did Scott ever do odd jobs for you wound your 23 property? 24 A He helps me, but he's my son, yeah. 25 Q What kind of odd jobs does he do? 15 16 1 A I would say, no, not Nt grass, no. 2 Q How about trimming trees? 3 A No. His boy can do that. 4 Q Okay. 5 A I lean, he cat grass when he was 12, 13 years 6 old. 7 Q The office for the car lot, I assume that was 8 located on the car lot? 9 A Yes. 10 Q Was there somebody in there all the time? 11 A Not all the rime, .. 12 Q Is that where you would be during business 13 hours? 14 A Yeah, if I wasn't out at an auction. 15 Q Were there three during business hours of the 16 car lot that no one was in the office? 17 A If you're out on a test drive. 18 Q Okay. 19 A Or if my -- yeah, if I an or if my daughter 20 would have been over there to watch it for me or whatever. 21 Q Would you ever be at your house at 99 Wolf's 22 Bridge Read during business hours? 23 A I'd try not to be. 24 Q Did it tzppes, on occasion? 25 A Sure. I'd No in to eat something. 0 • 0 1 Q Okay. Were there times when you were at your 2 house on Wolf's Bridge Road during business hours that 3 people would Imock on the door and say, hey, I'd like to 4 buy a car, and then you'd walk over to car lot and attend 5 to them? 6 A No. 7 Q Never happened? 8 A I tried not to let that happen. 9 Q Did it ever happen? 10 A Did it ever happen in 15 years? 11 Q Yeah. 12 A I imagine it could have. I usually -- I tried 13 to have a time when people were going to be there. I had a 14 phone rueder for them to call if 1 wasn't there. I didn't 15 like people coming to my hare, so I didn't have customers 16 cane to my hare. 17 Q The phone number that they were to call, what 18 number was that? 19 A Cell phone. 20 Q That you would keep on you? 21 A a, yeah. 22 Q Did Scutt ever help you sell cars? 23 A I would say he didn't help me sell cars. I 24 don't think. I'd have to think about it. 25 Q Is it possible he did? 1 deliver it, he could help me, or if I needed Sm ne to 2 change a license plate, which I normally didn't. I didn't 3 like to bother him. He didn't like to really help me much. 4 I mean, he never thought I paid him enough, which was 5 nothing. 6 BY W. DOWLING: 7 Q Would he wash cars for you? 6 A No. I washed my cen cars. Oh, no, that was the 9 problem. He's my son. He should do that. 10 Q So when he washed cars at the car lot, you 11 wouldn't pay him? 12 A We11, he didn't wash. I washed then. I had my 13 oen pressure washer. I'm saying, if I sold you a car and 14 it was dirty and I knew you were caning at 4:30 for it and 15 I was busy, I might say, Scott, would you help me with this 16 car; and I'd wash it, and he could maybe dry it or 11 something. le Q Would you pay him when he did that? 19 A 1b. 20 Q Why not? 21 A He's my son. He should do that, I think. I 22 mean, maybe my thinking is wrong. I don't charge my father 23 for anything I do to help him, nothing. 24 Q let me ask you this, Mr. Nailer: Was the trade 25 off that you wouldn't charge him rent? 17 1 MR. FITZSRAYS: Objection to the form. 2 THE WITNESS: It's possible. 3 Va. FITZSRU4S: If he sold cars, he sold cars; 4 if he didn't sell cars, he didn't sell cars. 5 NR. FLING: It sounded like he wasn't sure of 6 the answer. 7 THE WITNESS: Well, Scott's not a salesman, and 8 he'll tell. you that. I mean, he doesn't like to talk to 9 people usually. 10 BY M. DOWLING: 11 Q Were there occasions where he did help you sell 12 ors? 13 A I don't think he ever sold a car. I don't 14 think. 15 Q I don't mean to split hairs. Were there 16 occasions that he'd help in the process of selling cars? 17 NB.. FITZSBIONS: Objection to the form. 18 BY NR. DOWLING: 19 Q Naybe not actually sold it, but helped you in 20 the process of selling cars. 21 MR. FITZSIMONS: Objection to the form. 22 THE WITNESS: Am I to answer? 23 NR. DOWLING: Yeah, you can answer. 24 NA. FITZSnCNS: If you can. 25 IHN WITNESS: Well, if I needed it washed to 19 1 A No. There was never a discussion of that. He 2 could never afford rent, so I never brought it up to pit 3 him down. 4 Q At some point, did you have a second location 5 for K,lLerTS Used Cass? 6 A Yes. 7 Q Was that 1107 Harrisburg Pike? 8 A Yes. 9 Q And what time period did you have that? 10 A I'd say '96 until 2000 or 2001. 11 Q Okay. Who worked there? 12 A Me; my daughter would help me. 13 Q Who ? ld work at 13 Gasoline Alley when you -- 14 A my daughter because she lived next to it. 15 Q Was she an employee? 16 A No. 17 Q Did you pay her? 18 A I would give her gifts or help her buy 19 groceries, her and her husband. 20 Q Did you do -- 21 A I never wanted no employees. 22 Q Did you do the sane for Scott? 23 A 13e, not much unfortunately. He didn't do much, 24 I mean. 25 Q At some point before Nr. Snyder fell on 18 20 • 1 September 25th, 2000, was there a quarter midget car for 2 sale? 3 A Scott had one, and he stuck it right in my front 4 yard and tied it to a telephone pale. 5 Q How did Scott name to get that midget car? 6 A It's one I had gave him. My kids all used to 7 race quarter midgets, and I gave that to him to give to his 8 son or d o whatever he wanted with it. 9 Q So you gave it to him as a gift? 10 A I guess. I really gave it to his sm. 11 Q And was Scott the aver of the quarter midget 12 car as o f September 25th, 2000? 13 A I don't know if he was or his son. 14 Q One of those? 15 A One of those. 16 Q You were not the owner? 11 A No. 18 Q Did you have any interest in the quarter midget 19 car as of Septenter 25th, 2000? 20 A No, not at all. 21 Q Haw long was it in your front yard tied to a 22 telephon e note? 23 A I honestly don't know if it was a week, two 24 weeks. I don't know. 25 Q Why was it placed where it was? 21 1 A Because that's a goal -- a lot of traffic goes 2 by there. 3 Q Was there a sign by the car indicating it was 4 for sale? 5 A Probably. = can't say for ruse, but I would 6 imagine. 7 Q Okay. 8 A I would imagine. Knowing him, he'd put a sign 9 on it. 10 Q Did people came to your house asking about the 11 car? 12 A The only person I ever know of naming to the 13 house was Mr. Snyder because my wife told rte. That's the 14 only reaso n I know. 15 Q You were not. there that day? 16 A I didn't know what day it was. 17 Q Weere ere you? 18 A Probably at the auction. 19 Q Okay. The time that the car was there, whether 20 it was one or two weeks, did anybody ever one to your 21 house and talk to you about it? 22 A No. 23 Q Did Scott ever sell any other cars either placed 24 on your property or on the car lot? 25 A Not at my house, but I don't think oa the car 22 23 1 lot unless he would have sold a little radio-controlled car 2 he used to have at one time. Oh, wait a minute. It was 3 not radio; it was a gasoline-powered car about that long, 4 but I guess he sold it from his house on the Internet or 5 sevething. 6 MR. FITZSIMONS: .Md, again, so the record's clear, when you said about that long - 8 THE WITNESS: A foot long, 14 inches Long. 9 BY MR. DOWLING: 10 Q And you said he. Do you mean Scott? 11 A Scott. 12 Q And you think that car was sold on the Internet? 13 A Internet. 14 Q Physically the car had been located where? 15 A In his house on a shelf. 16 Q Okay. Other than that, did Scott ever sell any 17 cars from your car Lot? 18 A Nine that I know of. 19 Q I'm confused by the answer. 20 A Well, I can't rememaer him selling any cars. I 21 don't rengnber him having the money to buy a car. I 22 couldn't tell you what I had to eat yesterday. I don't 23 know. 24 Q Okay. 25 A Usually he was, I mean, I just -- he didn't tell 1 me what he's doing, and I didn't tell him. We just didn't 2 talk about that stuff. 3 Q The cars that were sold from your car lot, 13 4 Gasoline Alley, were yon the owner of those cars? 5 A Yeah. 6 Q Was there ever a situation where cars were sold 7 from that lot that you were not the weer? 8 A Well, what if they're floor planned? Well, 9 they're still in my name. I'm the owner -- I was the 10 owner. 11 Q What does that mean, floor planned? 12 A banks or finance meanies supplies the money 13 for a car dealer to buy cars. 14 Q Well, you mean they were financed? 15 A Financed, um-hum. 16 Q Okay. Other than that, did anyone ever, like, 17 place a car on your lot under consignment? 18 A No. I didn't like that. 19 Q Okay. So if the car was on your lot and being 20 sold, it was either owned by you or financed by you? 21 A Right. 22 Q Were you home on September 25th, 2000, the day 23 that at. Snyder fell? 24 A No. 25 Q When -- 24 • 25 26 1 A I don't know what day that was, but I wasn't 1 rouths? 2 hare, or I would have known about it. 2 A Oh, within days probably. 3 Q When did you learn of the fall by Mr. Snyder? 3 Q Why do you say that? 4 A wow. I think my boy told me, as a matter of 4 A Well, because to him, he felt bad because the 5 fact, that sec thing odd happened that day. I guess Mr. 5 man fell, and he felt bad recause tente was a person upset 6 Snyder got mad at him for hot letting him have the car for 6 with him because the man was mad because he wouldn't -- the 7 his price. Scott told me, the man fell dorm the steps; 7 man wanted that little race car Scott had, and Scott wanted 6 Scott told him to be careful and the man fell down the 8 a certain amount for it and the man wanted to pay a certain 9 steps and says, oh, great; I have a bad back all ready; my 9 amount. And Scott wou_dn't let him have it, wouldn't sell 10 moo's in the hospital now. And that was just an odd thing 10 it for what he wanted so pay for it, se he Left mad. 11 for Scott, that all happening. 11 Q You motioned about sore people darning taking 12 That's when I was aware of it. I don't 12 pictures of the steps? 13 know -- I don't think - I don't know if it was the same 13 A th-hum, of the Killer's Used Cars' office, but 14 day. I doubt it. But then all was forgotten about it 14 they weren't at my office; they were at Scott's house. 15 until I heard from my insurance company. They were taking 15 Q Okay. And did Scott tell you of this accident 16 pictures and said that his trailer was Keller's Used Cars 16 about the time that these people took photographs, or was 17 and that was the office and that they were there to take 17 it before that? 18 pictures of Killer's Used Cars' office, but they weren't at 18 A I would say before. 19 my place; they were back at his place. I did not see the 19 Q Okay. 20 people; he did. 20 A Fecause he was upset because Scott has feelings 21 Q And you learned of the accident fran Scott? 21 for other people; I do too. He felt sorry that the man was 22 A I think it was from Sott, yeah. 22 mad at him, and he felt sorry for the man that he had a bad 23 Q And do you recall when he told you of it? 23 hack and that he had fallen after Scott told him to be 24 A Na. 24 careful and the man mentioned his mother was in the 25 Q So you know if it was within days, weeks, 25 hospital at the time with back prcblens. 27 28 1 Q And Scott told you that after the accident? 1 Q Why don't you put the word garage, an arrow to 2 A Oh, yeah. He couldn't of knwred before. 2 it or something? 3 Q The diagram you drew, Wayne Keller Exhibit 1, 3 A Okay. 4 what is between -- you drew -- I assume that box is your 4 Q Write the word garage in there and pat an arrow 5 house? 5 to it. 6 A Yeah. 6 (Witness cmplies.) 11 Q What is between your house and 13 Gasoline 7 Ara you say it's it Gasoline Alley, the garage? 8 Alley, if you want to draw it in there? 8 A I would call it that. I was told it was that, 9 A There's a, between my house and Gasoline 9 but If. not sure. 10 Alley -- 10 Q And you say you rented it out for people to fix 11 Q 13 Gasoline Alley. 11 cars? 12 MR. FITZMCNS: The car lot, you mean? 12 A Well, I do now, yes. I didn't for a long time. 13 BY MR. DOWLING: 13 Q How about in Septernber of 2000? 14 Q The car lot. 14 A I was letting Scott use it for whatever he 15 A Okay. There's a nubile hare here. I rent the 15 rented, but he never made money or anything. 16 spot out Co a lady. This is my yard. This is all my yard, 16 Q What would Scott do with that garage in 17 my little parking area for me and my wife parks here. I 11 Septander of 2000? 18 have a daughter who lives ip here along Gasoline Alley. We 18 A He had his car in there. 19 never had - the post office gave assigned numbers and! 19 Q Did he do mechanical. work? 20 called -- everyone called it Casoline Alley, and then they 20 A He had a car as a hobby, had a car, I guess. He 21 vide it official. Ara then they gave everybody numbers, 21 Milt one as a race car once. He would work on his awn car 22 and this here, I think, is 5; and then there's 9. There's 22 in there. Friends of his would bring a car and do work 23 a garage here I had rented out. That would be li, 13, 15. 23 sometimes, but I would rise it tw for polishing and stuff. 24 Q What's the purpaee of tbw_ garage? 24 Q Polishing the cars fray, your used car lot? 25 A A man repairs cars there. 25 A Un-huh. • 0 • 29 30 1 Q Is that a yes? 1 steps because they were wet, I think. I think that's what 2 A Yes. 2 it was, but the man did fall dam the steps and told Scott, 3 Q In the day of the accident, ff. Snyder says that 3 ON, great; I already nave a bad back; my mom - I'm sure he 4 he talked to people in that garage before he went back to 4 said it was his mother was already in the hospital, and he 5 Scott's place. Of you know who would have been in there? 5 was doctoring for a had back. 6 A Nobody would have been in the garage. Scott 6 Q Did Scott tell you how exactly, how the guy 7 kept it licked beevuse he had his torts in there. He 7 fell? 8 talked to my wife. 8 A No. 9 Q At the house? 9 Q Which step he slipped ce or anything like that? 10 A Yes. 10 A No. 11 Q Okay. Was Scott employed I. September of 2000? 11 Q Did you ever have a discussion with Scott about 12 A I would say m. I don't think he was. 12 the conditions of the steps after the fall? 13 Q Ln you recall the last time Scott was se lloyed? 13 A I don't know. 14 A He's on assistance. He's -- Mar. You know, I 14 Q You don't know? 15 can't. 15 A I don't know. I don't think. I don't know, what i6 Q Okay. 16 it would have been. 17 A He's raised his son as a single parent. 17 Q Did you e'er' tell Scott he should make any 18 That's - his last job might have been Kentucky Flied 18 changes to the steps? 19 Chicken, but that's - I'm sure he's had other jobs than 19 A I think I told him to make them rough or 20 that, but I don't question h1m. You know what I mean? 20 put - I have steps that I've put shingles on upside dorm, 21 ICs a shame I don't get into his business more maybe. 21 so it's like sandpaper so you can't slip. If I would have 22 Q When Scott told you about Mr. Snyder falling on 22 told him anything, it nay have been that or maybe paint 23 his steps, did he tell you specifically how he fell? 23 them and throw sand on then. 24 A Scott told him to be -- the coon was lin¢>iig. He 29 Q Would that have been before or after Mr. Snyder 25 lurPS now. He told the man to be careful going dam the 25 fell? 31 32 1 A Probably after. Hindsight is usually what I 1 MR. DJwLING: Yeah. 2 seem to have. You think of stuff after. 2 MR. FITZSIMONS: All right. I didn't know if we 3 Q Did you ever discuss with Scott about putting a 3 should pass it to him, or you wanted to -- 4 handrail on the steps? 4 B MR. DOWLING: 5 A Not that I know of. 5 Q Sir, let me, show you what is a letter dated July 6 Q Did Scott ever tell you that he has fallen on 6 2nd, 2002 from Travelers Insurance Coppany to you. Lawyers 7 the steps? 7 all this a Reservation of Rights letter. 8 A No, I don't think he -- not that I know of. 8 A Okay. 9 Q Did you ever go tack there in his trailer? 9 Q Do you recalL receiving that? 10 A Sure. 10 A I recall rem_iving letters. I can't say I can 11 Q Did you go up and down the steps? 11 remember this particular letter. I didn't even know we had 12 A On, yeah. 12 a letter to cove here today. I had to call and find out. 13 Q Did you ever fall on the steps? 13 Scutt got a letter, but I don't think we did. 14 A No. 14 Q DJ you recal L, not that specific letter, do you 15 Q Are you aware of anyone else falling on these 15 recall receiving something from your insurance company 16 steps besides yr. Snyder? 16 saying that there may not be insurance for the fall that 17 A Not that I know of. I never seen dnobody over 17 occurred on the steps? 18 fall on those steps. 18 A They said there would not be insurance, I guess, 19 Q Or hear of anybody else falling? 19 unless he fell -- he said he fell at the office steps is 20 A Not that I know of, no. 20 what I was told anus my insurance was told going I. the 21 Q I'm not going to mark this, but this is just a 21 office of seller's Used cars; and if he did, then there 22 Reservation of Rights letter. You probably have that. I 22 would have been coverage, but he didn't, And wk_n he 23 want to ask a couple of questions about that. 23 brought the people that apparently took pictures, he bock 24 MR, FITZSIFUVSt Ib you want to shave it to him, 24 them to Scott's trailer. That I rmenber. 25 or -- 25 Q You rarenter your insurance company telling you • 0 0 1 that? 2 A A lady telling me that. 3 Q Okay. 4 A Who the people were, I don't know- 5 Q Did the insurance that you had in September of 6 2000, did you have insurance for the entire block of I property you owned? 6 A No. 9 Q You just had it for 13, for Seller's Used Cars? 10 A Separate insurance for separate - for my house, 11 for Keller's, and then there's the pole bass. That was 12 insured, you know, different things, whatever S had. 13 Q As of September 25th, 2000, did you have 14 hoGwmer's insurance on your property at 99 wolf's Bridge 15 Road? 16 A I'm going to be honest with you. I don't know 17 because I've lost overage, and I went without coverage for 18 several years. I don't know what time frame that was. 19 Q Okay. 20 A But I have it new, but I went several years 21 without it without even knaring it. 22 Q ro you recall, when you received notice that Mr. 23 Snyder was pursuing a lawsuit, did you look into whether or 24 not you had hcks_r's insurance at 99 Wolf's Bridge Road? 25 A I would say no. 33 34 1 Q You didn't Look into it? 2 A Ne, . 3 Q Who do you have it with now?. Was it Travelers, 4 same as your used car lot? 5 A No. I'm nor with Travelers at all anyaore. I'd 6 have to look at any insurance cards to know who my car l insurance is with. My home insurance, I don't - the 8 agent, I can't remember the nave, but they're on -- is it 9 Muhoa Road along Route 15, that big business park near 10 Isaac's Restaurant? It was Member's 1st Credit Union. I 11 can't think. 12 Q Well, you mentioned that you had various places 13 on your property insured? 14 A Um-hum. 15 Q Do you think they would have all been the sane 16 insurance ml¢eny? 17 A NO. 18 Q You used different insurance companies? 19 A Yeah. Farmer's Insurance covered a building up 20 at this end. Well, the may I have this all wrote up is 21 pretty messy, but here I had a pole barn and I had a 22 building here. It's may out of scale -- but Faner's 23 Insurance out of Elizabethtown. Is that near Lancaster, or 24 is that Elizatethville -- Elizabatibren near Lancaster 25 because I used to rush down there to make payments 35 36 1 smietimes. I A One man, I guess, sells stuff at flea markets. 2 MR. FITZSIMDNS: So the record, again, is clear, 2 Another man has a AAA taxi cab cou any in town, the Yellow 3 Andrew, can we add PB in the pole kern? 3 Cabs. I have a vacancy. I have a man that works for 4 MR. DOWLING: Sure. 4 Mislay's Auto Parts. He stores sore parts in there. S MR. FITZSiRT:)NS: Would you write a L33 in the 5 M. FITZ5243NS: So it's used for storage? 6 box? 6 THE WITNESS: Storage and stuff like that. This j THE WITNESS: Yeah, both of then? 7 here, I lost insurance one month before it burnt and didn't 8 MR. FITZSLwCNS: Well, are they both pole Lrerns? 6 know it. 9 THE WITNESS: Telephone poles. 9 (W. Keller Exhibit NT. 2 was marked.) 10 MR. FITZSR409S: All right. Put a M in the 10 BY MR. DOLING: it pole barn and then a Fa in the building. 11 Q Mr. Keller, do you recall giving a recorded 12 TIES WITNESS: This here? 12 statement to someone from your insurance ocapary? 13 M. FITZSD4A S: Yeah. 13 A Over the phone maybe or in person? 14 THE WITNESS: That's telephone poles too. 14 Q Either. 15 MR. FITZSTIONS: Yeah, but we'll call that the 15 A I think I remember that. Was it a lady? 16 building. You called it a buildia; when you were 16 Q Carla Lang? 17 describing it. 17 A Okay. That's e lady, I hope. 18 (Witness oanplies.) 18 Q Okay. [b you recall? 19 BY M. DOWLItu: 19 A Yeah, at some titre. I don't know when. 20 Q What are those buildings used for? 20 Q She told you it was being recorded? 21 A This one here burned down in March of this year. 21 A On, yeah. 22 Q role parn? 22 Q Did you ever see a copy of that? 23 A Pole barn. This building here, I have tenants 23 A I would say, no. I don't think so. 24 in there. I rent space out in there. 24 Q het me show you what's necked as W. Ke11er 25 Q What do they do? 25 Exhibit 2, which purports to be a transcription of the 0 0 0 1 reported statement. 2 A Do you want me to read it all? 3 Q Why don't you read it to yourself? I'm going to 4 ask you a couple of questions about it. 5 1Withe9s complies.) 6 A That would be wrong of ire here to state to him 7 that he had to tare insurance because my dad made it that I 8 had to. 9 Q Just put a little nark by there. 10 A Is that important 11 MR. FITZSDDNS: Well, yeah. 12 BY MR. ?IW, 13 Q Just put a little mark, and we'll go tack to it 14 A. You mean -- 15 Q. Just out I. the margin, just put a little mark 16 there. 17 A This is the margin? 18 Q Yeah. We'll care back to it. 19 (Witness perusing documents.) 20 A Okay. 21 Q Now, you had a chance to read your statement in 22 Exhibit 2? 23 A Yes. 24 Q t , you have marked an X in the left margin at 25 a portion of your statement. What was the purpose of 37 1 marking that? 2 A Well, I would not have told Scott he had to have 3 insurance because he would have never been able to pay for 4 it. It was up to me to keep it insured for him as per my 5 dad's wishes, so I can't say that I told Scott he had to 6 have insurance. 7 Q Okay. So the question was, have you ever stated 8 to Scott that he at carry his or, insurance co his mobile 9 hare, your answer in the statement was yes. Are you saying 10 that that -- 11 A Well, contents - I've always told t he had no 12 contents. 13 Q Are you saying that your answer was transcribed 14 wrong or you want to change what you said back then? 15 MR. FITZSUIDNS: Objection to the form. I think 16 you're taking out of context the purpose of the interview 17 in that Lacrb,im. I suggest that the context of the 18 questioning had to co with Yeller's Used Cars and coverage 19 under the Yeller's Used cars' policy and whether the 20 questioner perceived at. the time that they were talking 21 about a coverage issue relating to Scott's house, which 22 your client apparently mistakenly identified to you as 23 Keller's Used Cars, not. Scott Keller's trailer, so I'm just 24 concerned. 25 MR. D04LING: Okay. Let me go back. 1 that was insured that I knw+ of. 2 Q Okay. So my question is very simple. Are you 3 saying that this was transcribed incorrectly or you just 4 misun Jerstobd the question? 5 A I wovid say I had to misunderstand the question, 6 or they did. One of us did. 7 Q Okay. That's fine. Other than this nark of the 8 X in the statement, is this, were the answers that you had 9 given accurate and trustful? 10 A I would say yes. 11 Q Okay. 12 MR. DCWLING: Thank you. That's all I have. 13 MR. FITZSINUNS: I'm done. 14 (The deposition concluded at 2:28 p.m.) 15 16 36 39 1 MR. FITZSIYDNS: I mean, I think Mr. Weller's 2 observation that that is incorrect in the sense that he's 3 reading it as, did you tell Scott to pay for his own 4 premium for his insurance; whereas, I think the context of 5 the question appears to be, did you understand that that 6 property that your son lives in has to be separately 7 insured itch your business. 8 MR. FLING: Okay. 9 MR. FITZSII9AVS: That's what I get that context 10 being. 11 BY W. DOWLING: 12 Q let me go lack and read it. Let me read the 13 question and answer before that question. Scott had a 14 current hrmeo,mer's policy covering his mobile home on 15 September 25th, 2000; answer, I found out he didn't; he 16 used to, and there was a lapse in policy. 17 A That was my fault. 16 Q Question, have you ever stated to Scott that he 19 most carry his own insurance on his mobile home; answer, 20 yes. 21 A No. I might have said that, but what I meant 22 was the contents because the only thing that was insured 23 was the mobile hare, itself, if something would happen, to 24 replace the mobile home. But nothiq him and his son, like 25 stereo egaip ent, Tv, clothing, personal items; none of 17 18 19 20 21 22 23 24 25 40 _J 0 I MAflM9FALTH OF PENNSYLVANIA ) 91 SS. 2 COONTY OF CU+SERIAND J 3 9 I, TM L. HOCK, a Court Reporter-Notary Public 5 authorized to administer oaths and take depositions in the 6 trial of causes, and having an office in Carlisle, 7 Pennsylvania, do hereby certify that the foregoing is the 8 testi?rony of WME P. ?. 9 I further certify that before the taking of said 10 deposition, the witness was duly sworn; that the questions 11 and answers were taken down stenotype by the said 12 Reporter Notary, approved and agreed to, and afterwards 13 reduced to computer printout under the direction of said 19 Reporter. 15 I further certify that the proceedings and 16 evidence are contained fully and accurately in the notes 17 taken by me on the within deposition to the lest of my 18 ability, and that this copy is a correct transcript of the 19 same. 20 In testimony whereof, I have hereunto inscribed 21 my hand this 19th day of November, 2005. 22 23 c, 29 Reporter'-notary Public 25 '05 [1] 4:9 '59 [1] 12:7 '84 [1] 3:20 '91 [1] 4:8 '96 [1] 20:10 -0- 02-4083 [11 1:2 -1- 0 i 1 [6] 1:12; 2:13; 10:4, 5, 8; 27:3 10121 2:13; 3:15 1099[1] 8:25 11 [2] 27:23; 28:7 1107 [i1 20:7 1175 [t] 10:13 1176[1] 10:14 12[1] 16:5 13 [9] 4:25; 11:3; 16:5; 20:13; 24:3; 27:7, 11, 23; 33:9 14 [2] 1:12; 23:8 14th [t] 4121 15 [3] 17:10; 27:23 34:9 16 [t] 14:14 1st[t] 34:10 -2- 2[5] 2:14; 36:9,25; 37:22; 40:14 2000 [11] 20:10; 21:1, 12, 19; 24:22; 28:13, 17; 29:11; 33:6,13; 39:15 2001 [1] 20:10 2002 [1] 32:6 2005[31 1:12; 4:18; 41:21 25th [6] 21:1, 12, 19; 24:22; 33:13; 39:15 28[2] 1:12; 40:14 2nd [1] 32:6 -3- 3[2] 2:3; 12:15 30 [1] 19:14 30-day [1] 14:14 325 [1] 10:14 36 [1] 2:14 -4- 4[21 3:16; 19:14 41 [1] 3:16 -5- 5121 12:15; 27:22 -8- 8th [2] 3:22 -9- 9 [4] 9:25; 11:11; 13:15; 27:22 99 [6] 3:18; 9:16; 10:23; 16:21; 33:14, 24 A- sea[1] 36:2 ability [1] 41:18 able [3] 4:19, 20; 38:3 accident [4] 25:21; 26:15; 27:1; 29:3 accurate [1] 40:9 accurately [1] 41:16 action (11 1:3 actually[1] 18:19 add [1] 35:3 address[1] 9:25 administer [1] 41:5 afford [1] 20:2 afterwards [1] 41:12 agent 11] 34:8 agree [1] 13:9 agreed [1] 41:12 alley [17] 4:25; 9:18, 21, 25; 11:3, 11, 24; 12:9; 13:15; 2013; 24:4; 27:8, 10, 11, 18, 20; 28:7 along [21 27:18; 34:9 always [2] 7:1; 38:11 amount [5] 6:5, 12; 9:8; 26:8, 9 andrew, [2] 1:19; 35:3 answer [10] 8:3; 18:6, 22, 23; 23:19; 38:9, 13; 39:13, 15, 19 answers [2] 40:8; 41:11 anymore Ill 34:5 anyone [2] 24:16; 31:15 apparently [3] 14:13; 32:23; 38:22 appearances [1] 1:18 appears [1] 39:5 approved [1] 41:12 around [2] 14:22; 15:19 arrow [5] 12:17, 19, 20; 28:1, 4 asking [2] 15:9; 22:10 assigned [1] 27:19 assistance [11 29:14 assume [2] 163; 27:4 attend [1] 17:4 auction [5] 5:10, 11, 18; 16:14; 22:18 authorized [11 41:5 auto [2] 12:11; 36:4 aware [2] 25:12; 31:15 away [1] 13:6 -B- bad [6] 25:9; 26:4, 22; 30:3, 5 banks [11 24:12 barn [6] 33:11; 34:21; 35:3, 11, 22, 23 barns [1] 35:8 benefits [1] 4:20 beside [1] 5:15 besides [1] 31:16 best [2] 15:12; 4117 between [5] 3:2; 6:7; 27:4, 7, 9 big [4] 10:9, 12; 12:13; 34:9 billboard-type [t] 12:6 birth (1] 3:15 block[1] 33:6 bob [1] 6:22 bock [31 1:11; 41:4, 23 bother [1] 19:3 bought [2] 13:19, 21 box [6] 10:9, 11, 12; 11:4; 27:4; 35:6 boy [3] 15:2; 16:3; 25:4 brakes [1] 15:3 breaks [1] 15:23 bridge 1111 3:18; 9:16, 20; 10:24; 11:23; 12:9, 14 16:22; 17:2; 33:14, 24 bring [11 28:22 brought [21 20:2; 32:23 bud [1] 1:1 build [1] 15:21 building [7] 15:21; 34:19, 22; 35:11, 16,23 buildings [1] 35:20 built [2] 15:22; 28:21 burned [i] 35:21 burnt[I] 36:7 business [11] 4:22, 24; 6:10, 11; 16:12, 15,22; 17:2; 29:21; 34:9; 39:7 busy[1] 19:15 buy [14] 5:24, 25; 6:16, 20, 24; 7:2, 7, 14; 13:18; 17:4; 20:18; 23:21; 24:13 buyer Ill 5:14 buyers [1] 9:6 -C- cab [1] 36:2 cabs [1] 36:3 Cadillac [21 5:23; 7:9 call [6] 17:14, 17; 28:8; 32:7, 12; 35:15 called [4] 3:8; 27:20; 35:16 canceled [1] 14:18 car [60] 4:21; 6:14, 20, 24, 25; 7:7; 9:14, 18, 21; 11:5, 6; 12:2, 3, 7; 13:7; 15:2, 18, 22; 16:7, 8, 16; 17:4; 16:13; 19:10, 13, 16; 21:1, 5, 12, 19; 22:3, 11, 19, 24, 25; 23:1, 3, 12, 14, 17, 21; 24:3, 13, 17, 19; 25:6; 26:7; 27:12, 14; 28:18, 20, 21, 22, 24; 34:4, 6 cards [t] 34:6 care [1] 15:4 careful [3] 25:8; 26:24; 29:25 carla [1] 36:16 Carlisle [4] 1:14; 3:18; 12:11; 41:6 carry [2] 38:8; 39:19 care [52] 1:3, 22; 4:4, 23; 5:2, 4, 9, 13, 17, 21; 6:1, 3, 9; 7:5, 25; 8:22; 9:6; 11:14; 12:12; 15:15; 17:22, 23; 18:3, 4, 12, 16, 20; 19:7, 8, 10; 20:5; 22:23; 23:17, 20; 24:3, 4, 6, 13; 25:16, 18; 26:13; 27:25; 28:11, 24; 32:21; 33:9; 38:18, 19,23 cash [1] 8:19 categorize [11 5:16 causes [1] 41:6 cell [t] 17:19 certain [3] 10:11; 26:8 certification [1] 3:4 certify [3] 41:7, 9, 15 chance 111 37:21 change [2] 19:2; 38:14 changes [1] 30:18 charge [21 19:22, 25 check [61 6:18, 19; 7:20; 8:19, 21, 22 checking [1] 8:23 chicken [1] 29:19 civil [1] 1:3 clarence[1] 1:1 clear [3] 13:20; 23:7; 35:2 client Ill 3822 closed [2] 4:21 clothing [11 39:25 collect [11 4:20 colors [11 7:14 common [1] 1:1 commonwealth [1] 41:1 companies [2] 24:12; 34:18 company [7] 25:15; 32:6, 15, 25; 34:16; 36:2, 12 complete [1] 8:2 complies [4] 11:19; 28:6; 35:18; 37:5 computer[1] 41:13 concerned [1] 38:24 concluded [1] 40:14 conditions [1] 30:12 confused [1] 23:19 consider [1) 9:3 consignment [t] 24:17 contained [t] 41:16 contents [3] 38:11, 12; 39:22 context [4] 38:16, 17; 39:4, 9 copy [2] 36:22; 41:18 comer [2] 11:23; 12:13 counsel [1] 3:2 county [2] 1:1; 41:2 couple [2] 31:23; 37:4 court [3] 1:1, 11; 41:4 coverage [5] 32:22; 33:17; 38:18, 21 covered [3] 12:21; 14:12; 34:19 covering [t] 39:14 credit[l] 34:10 Cumberland [2] 1:1; 41:2 current [1) 39:14 currently [1] 3:24 customer [11 5:19 customers [1] 17:15 cut [3] 15:25; 16:1, 5 D- dad [5] 13:20, 22, 23; 14:5; 37:7 dad's [1] 38:5 date [4] 1:12; 3:15; 4:6, 7 dated [1] 32:5 i 0 0 daughter [4] 16:19; 20:12, 14; 27:18 david [t] 1:21 day [8] 22:15, 16; 24:22; 25:1, 5, 14; 29:3; 41:21 days [2) 25:25; 26:2 deal [2] 6.17; 8:2 dealer [2] 7:23; 24:13 deardorff [2] 1:13, 21 deed[l] 11:10 defendants [2] 1:5, 22 deliver[1] 19:1 demanded [1] 1:5 deponent 111 2:2 deposition (4] 1:9; 40:14; 41:10, 17 depositions [1] 41:5 describe [1] 9:12 describing [1] 35:17 description [t] 2:12 diagram [4] 9:23; 10:8; 11:13; 27:3 diagram's [1] 13:9 different [2] 33:12; 34:18 direction [1] 41:13 dirty [1] 19:14 disagree [t] 15:12 discuss (1] 31:3 discussion [3] 20:1; 30:11; 38:17 doctoring [1] 30:5 documents [1] 37:19 door [1] 17:3 doubt [1] 25:14 dowsing [28] 1:19; 2:3; 3:12; 4:17; 8:8, 12, 16; 10:3, 6; 13:9, 13; 18:5, 10, 18, 23; 19:6; 23:9; 27:13; 32:1, 4; 35:4, 19; 36:10; 37:12; 38:25; 39:8, 11; 40:12 down [14] 12:25; 13:3, 8; 14:14; 20:3; 25:7, 8; 29:25; 30:2, 20; 31:11; 34:25; 35:21; 41:11 draw [3) 9:23; 10:13; 27:8 drawing [1] 2:13 drew [6] 10:8; 11:13; 12:23; 27:3, 4 drive [1] 16:17 driving [1] 7:6 dry [11 19:16 duly [2] 3:8; 41:10 during [5] 4:11; 16:12,16, 22; 17:2 -E- east[t] 1:14 eat [2] 16:25; 23:22 education [t] 3:23 either [3] 22:23; 24:20; 36:14 elizabethtown [2] 34:23, 24 elizabethville [1] 34:24 employed [3] 3:24; 29:11, 13 employee [4] 8:11; 9:3, 4; 20:15 employees [2] 5:5; 20:21 end [2] 4:8; 34:20 enough [1] 19:4 entire [11 33:6 equipment [t] 39:25 evens [1) 1:19 evidence [1] 41:16 exactly [t] 30:6 examination [2] 2:2; 311 examined [1] 3:9 except [1] 3:5 expert[l] 6:19 explain [2] 6:13; 9:15 F- facing (11 9:18 fact [1] 25:5 fall [7] 14:10; 25:3; 30:2, 12; 31:13, 18; 32:16 fallen [2] 26:23; 31:6 falling [3] 29:22; 31:15, 19 falls [1] 8:14 far [1] 3:21 farmer's [2] 34:19, 22 father [2] 13:19; 19:22 fault [1] 39:17 feelings [t] 26:20 feet [2] 12:15 fell [11] 14:14; 20:25; 24:23; 25:7, 8; 26:5; 29:23; 30:7, 25; 32:19 felt [4] 26:4, 5, 21, 22 field [2] 10:1; 13:4 figure (11 8:13 filing [t] 3:4 finance [1] 24:12 financed [4] 13:22; 24:14, 15, 20 find [4] 6:9, 23; 7:13; 32:12 finding [t] 9:6 fine [1] 40:7 fitzsimons [28] 121; 2:4; 4:14; 8:5, 10; 13:2, 12; 18:1, 3, 17, 21, 24; 23:6; 27:12; 31:24; 32:2; 35:2, 5, 8, 10, 13, 154 36:5; 37:11; 38:15; 39:1, 9; 40:13 fix [2] 15:23; 28:10 fixes [1] 15:24 flea [11 36:1 floor [3] 15:2; 24:8, 11 follows [1] 3:9 foot[1] 23:8 ford [1] 15:4 foregoing [t] 41:7 forgotten [1] 25:14 form [8] 3:5; 4:14; 8:5, 10; 18:1, 17, 21; 38:15 found [1] 39:15 frame [1] 33:18 free [1] 13:20 fried [11 29:18 friends [7] 28:22 front [2] 21:3, 21 full [1] 3:13 fully [1] 41:16 furnace [1] 15:23 further [4] 13:4, 6; 41:9, 15 -G- garage [8] 27:23, 24; 28:1, 4, 7, 16; 29:4, 6 gasoline [18] 4:25; 9:18, 21, 25; 11:3, 11, 24; 12:8, 14; 13:15; 20:13; 24:4; 27:7, 9, 11, 18, 20; 28:7 gasoline-powered [1] 23:3 gave [6] 21:6, 7, 9.. 10; 27:19, 21 gentleman [1] 6:14 gift [11 21:9 gifts [1] 20:18 give [3] 8:18; 20:18; 21:7 given [1] 40:9 giving [1] 36:11 good [5] 6:17, 18; 15:5, 9; 22:1 got [4] 7:12; 14:17 25:6; 32:13 grade [2] 3:22 grass [3] 15:25; 16:1, 5 great [2] 25:9; 30:3 greatest [11 4:21 groceries [1] 20:19 guess [9] 4:8, 12; 12:10; 21:10; 23:4; 25:5; 28:20; 32:18; 36:1 guessing (11 12:15 guy [3] 6:6; 14:14; 30:6 guy's [1] 6:21 -H- hairs [t] 18:15 hand [1] 41:21 handrail (11 31:4 happen [6] 9:11; 16:24; 17:8, 9, 10; 39:23 happened [3] 4:18; 17:7; 25:5 happening (1] 25:11 harrisburg [1] 20:7 having [3] 14:1; 23:21; 41:6 he'd [7] 7:2, 3, 6, 9; 15:3; 18:16; 22:8 he'll [1] 18:8 health's [1] 4:20 hear [1] 31:19 heard (1] 25:15 help [16] 5:17, 20, 21; 15:3, 18; 17:22, 23; 18:11, 16; 19:1, 3, 15, 23; 20:12, 18 helped [4] 15:1, 21; 18:19 helps [2] 14:24; 15:23 hereby [3] 3:2; 41:7 hereunto (1] 41:20 hey [1] 17:3 high [2] 1:14; 12:15 hindsight [1] 31:1 his [36] 7:2, 3, 4, 10; 14:1, 3; 15:1, 2; 16:3; 21:7, 10, 13; 23:4, 15; 25:7, 16, 19; 26:24; 28:18, 21, 22; 29:7, 17, 18, 21, 23; 30:4; 31:9; 38:8; 39:3, 4, 14, 19,24 hobby [11 28:20 home [13] 10:23; 1&23; 17:15, 16; 24:22; 25:2; 27:15; 34:7; 38:9; 39:14, 19, 23, 24 homeowner's [3] 33:14, 24; 39:14 honest [11 33:16 honestly [1) 21:23 hope [11 36:17 hospital [3] 25:10; 26:25; 30:4 hours [4] 16:13, 15,. 22; 17:2 house [15] 16:21; 17:2; 22:10, 13, 21. 25; 23:4, 15; 26:14; 27:5, 7, 9; 29:9 33:10; 38:21 husband [t] 20:19 identified [1] 38:22 imagine [3] 17:12; 22:6, 8 important[l] 37:10 in-between [1] 6:6 inches [1] 23:8 includes [1] 11:11 incorrect [11 39:2 incorrectly [1] 40:3 incredible [2] 6:5, 12 index [2) 2:1, 11 indicating [3] 13:3, 4; 22:3 inscribed [1] 41:20 insurance [32] 14:3, 4, 8, 16, 21; 25:15; 32:6, 15, 16, 18, 20, 25; 33:5, 6, 10, 14, 24; 34:6, 7, 16, 18, 19, 23; 36:7, 12; 37:7; 38:3, 6, 8; 39:4, 19 insured [8] 14:5, 6; 33:12; 34:13; 38:4; 39:7, 22; 40:1 interest[l] 21:18 internal [3] 23:4, 12, 13 interview[s] 38:16 involved [1] 9:5 isaac's [1] 34:10 isn't [1] 4:15 issue [3] 8:19, 25; 38:21 items [11 39:25 J- joan [3] 1:4, 22; 10:20 job [1] 29:18 jobs (5] 14:22, 25; 15:19, 20; 29:19 judgement [11 7:13 july(1] 32:5 jury [1] 1:5 K- keep [4] 14:5, 6; 17:20; 38:4 keller [22] 1:4, 9, 22; 2:3; 3:8, 14; 9:12; 10:3, 5, 7, 21; 13:2; 19:24; 27:3; 36:9, 11, 24; 41:8 keller's [20] 1:3, 22; 4:3, 23; 8:22; 11:6, 14; 12:11; 20:5; 25:16, 18; 26:13; 32:21; 33:9, 11; 38:18, 19, 23; 39:1 kentucky [11 29:18 kept [11 29:7 kid [1] 6:17 kids [1] 21:6 kind [11] 5:1, 2; 6:6; 9:12; 10:8; 12:5; 13:25; 14:25; 15:17, 20 knew [e] 5:18, 22, 24; 6:4, 16; 19:14 knisley's [t] 36:4 knock[l] 17:3 knowed [1] 27:2 knows [2) 6:4, 12 -L- lady [4] 27:16; 33:2; 36:15,17 Lancaster [2] 34:23, 24 land [1] 14:1 lang [1] 36:16 lapse [11 39:16 lapsed [3) 14:8, 9, 13 last(2] 29:13,18 law [11 1:3 lawsuit 111 33:23 lawyers [1] 32:6 layout [2] 9:13, 15 loam [t] 25:3 learned [11 25:21 left [2] 26:10; 37:24 letter [7] 31:22; 32:5, 7, 11, 12, 13, 14 lettering [1] 12:8 letters [3] 12:10; 32:10 letting [2] 25:6; 28:14 level-type [11 6:11 leveling [1] 6:10 license [2] 4:16 19:2 licensed [21 7:23, 25 lid 111 12:8 limping [1] 29:24 limps [1] 29:25 little [61 23:1; 26:7; 27:17; 37:9, 13,15 live [4] 3:17; 9:14, 16,25 lived [4] 3:19; 9:21, 22; 20:14 lives [3] 9:25; 27:18; 39:6 located [3] 11:17; 16:8; 23:14 location [2] 4:24; 20:4 locked [11 29:7 long [10] 3:19; 10:13, 14; 12:16; 21:21; 23:3, 7, 8; 28:12 look [3] 33:23; 34:1, 6 lost [2] 33:17; 36:7 -M- machine-made [1] 12:10 mad [4] 25:6; 26:6, 10,22 made [3] 27:21; 28:15; 37:7 man [21] 5:17, 20; 7:9; 14:9; 25:7, 8; 26:5, 6, 7, 8, 21, 22, 24; 27:25; 29:14, 24, 25; 30:2; 36:1, 2,3 march [4] 4:8, 9, 18; 35:21 margin [31 37:15, 17,24 mark [6] 10:3; 31:21; 37:9, 13, 15; 40:7 marked [5] 10:5, 7; 36:9, 24; 37:24 markets [1] 36:1 marking [1] 38:1 martson [21 1:13, 21 matter (2] 15:8; 25:4 meant [2] 10:2; 39:21 mechanic [3] 6:19; 1515,10 mechanical [2] 15:14; 28:19 member's [1] 34:10 men [1] 5:3 mentioned [3] 26:11, 24; 34:12 messy [t) 3421 mette [i] 1:19 mga (11 12:7 midget [4] 21:1, 5, 11,18 midgets [1] 21:7 minute [1] 23:2 missed [t) 14:20 mistakenly [1] 38'22 misunderstand [1] 40:5 misunderstood [1] 40:4 mix [1] 7:22 mobile [6] 27:15; 38:8; 39:14, 19, 23 24 mom [2] 15:1; 30:3 mom's [1] 25:10 money [e] 7:2, 3; 8:9, 17, 18; 23:21; 24:12; 28:15 month [3] 14:9, 10 36:7 months [3] 9:10 11; 26:1 morning [1] 15:2 mostly (1] 5:3 mother [2] 26:24; 30:4 mouth [1] 6:8 multi-market [2] 6:10,11 mumma [1) 34:9 N- near [3] 34:9, 23, 24 need [1] 15:3 needed [5] 8:2, 6, 7; 18:25; 19:1 never 1101 17:7; 19:4; 20:1, 2, 21; 27:19; 28:15; 31:17; 38:3 new (1] 5:23 nobody [2] 29:6; 31:17 none [2] 23:18; 39:25 normal [1] 15:4 normally [11 19:2 notary I1] 1:11 notes [11 41:16 nothing [4] 9:11; 19:5, 23; 39:24 notice [11 33:22 november [2] 1:12; 41:21 numbers 121 27:19, 21 0- oaths [1] 41:5 objection [7] 4:14; 8:5, 10; 18:1, 17, 21; 38:15 objections 11] 3:5 observation [1] 39:2 occasion [1] 16:24 occasions [2] 18:11, 16 occurred [1] 32:17 odd [6] 14:22, 25; 15:19,20; 25:5, 10 office 1141 10:2; 13:7; 15:22; 16:7, 16; 25:17, 18; 26:13, 14; 27:19; 32:19,21; 41:6 official [2] 4:24; 27:21 often II] 9:7 old [1] 16:6 one-month [11 14:12 operation (11 11:15 otto [2] 1:13, 21 over [5] 9:19; 14:14; 16:20; 17:4; 3613 own I11] 4:3, 13; 7:4; 10:15; 13:14; 19:8, 13; 28:21; 38:8; 39:3, 19 owned [4] 10:20; 11:1; 24:20; 33:7 owner [8] 10:17; 11:8; 21:11, 16; 24:4, 7, 9, 10 -p- page [2] 2:2, 12 paid (3] 13:23; 14:4; 19:4 paint [11 30:22 paper [11 9:17 parent [1] 29:17 park [1] 34:9 parking [11 27:17 parks [1] 27:17 particular [2] 5:1; 32:11 parties [t] 3:3 parts [2] 36:4 pass [1] 32:3 pay [13] 7:2; 8:9, 17; 13:14, 17, 25; 19:11, 18; 20:17; 26:8,10; 38:3; 39:3 paying It] 14:7 payment [1] 14:20 payments [11 34:25 pb [4] 35:3, 5, 10, 11 pennsylvania [4] 1:1, 14; 41:1, 7 people 1201 5:13, 24; 6:4, 5, 12; 12:12; 15:12; 17:3, 13, 15; 18:9; 22:10; 25:20; 26:11, 16, 21; 28:10; 29:4; 32:23; 33:4 perceived [1] 38:20 period [4] 4:6; 14:12, 14; 20:9 person [5] 6:4; 7:8; 22:12; 26:5; 36:13 personal [1] 39:25 perusing [1] 37:19 phone [41 17:14, 17, 19; 36:13 photographs [7] 26:16 physical Ill 9:13 physically [1] 23:14 pictures (41 25:16, 18; 26:12; 32:23 piece [1] 9:17 pike [1] 20:7 place [5] 1:13; 24:17; 25:19; 29:5 placed [2] 21:25; 2223 places [t] 34:12 plaintiff [3] 1:1, 10, 20 planned [2] 24:8, 11 plate[1) 19:2 pleas [t] 1:1 point [3] 14:7; 20:4, 25 pointing [1] 12:17 pole (9] 21:4, 22; 33:11; 34:21; 35:3, 8, 11, 22, 23 poles [2] 35:9, 14 policy [3] 38:19; 39:14, 16 polish [1] 15:18 polishing [21 28:23, 24 portion [t] 37:25 possible [2] 17:25; 18:2 post[2] 10:1; 27:19 premium [1] 39:4 pressure [1] 19:13 pretty [11 34:21 price [21 7:12; 25:7 printout [1] 41:13 probably [8[ 9:17; 12:15; 13:8; 22:5, 18; 26:2; 31:1,22 problem [1) 19:9 problems (11 26:25 proceedings [1] 41:15 process [2] 18:16, 20 professional [1] 5:14 promise Ill 14:5 property [16] 9:13, 16, 20; 10:13, 15, 18,20; 11:9; 14:23; 15:20; 22:24; 33:7, 14; 34:13; 39:6 proportion [2] 12:23; 13:12 proprietor [1] 4:11 public [3] 1:11; 41:4, 24 purports [1] 36:25 purpose 131 27:24; 37:25; 38:16 pursuing [t1 3323 put [13] 6:8; 10:11; 15:3; 20:2; 22:8; 28:1, 4; 30:20; 35:10; 37:9,13, 15 putting [1] 31:3 0- quarter [4] 21:1, 7, 11,18 question [10[ 3:5; 29:20; 38:7; 39:5, 13, 18; 40:2, 5 questioner [1] 38:20 questioning ill 38:18 questions [3] 31:23; 37:4; 41:10 R- E J J race [3] 21:7; 26:7; 28:21 radio [11 23:3 radio-controlled [11 23:1 raised [1] 29:17 range I1] 7:12 read [5] 37:2, 3, 21; 39:12 reading [2] 3:3; 39:3 ready [1) 25:9 real [21 6:17, 18 reason [1] 22:14 recall [9] 25:23; 29:13; 32:9, 10, 14, 15; 33:22; 36:11, 18 received [1] 33:22 receiving [3] 32:9, 10,15 record [2] 13:2; 35:2 record's [1] 23:6 recorded [2] 36:11, 20 reduced [11 41:13 reinstated[l] 14:13 relating [t] 38:21 remember [7] 23:20, 21; 32:11, 24,25: 34:8; 36:15 rent [5] 13:25; 19:25; 20:2; 27:15; 35:24 rented (3] 4:21; 27:23; 28:10 repairs [1] 27:25 replace [1] 39:24 reported [1] 37:1 reporter [2] 1:11; 41:14 reporter-notary [3] 41:4, 12, 24 represent[s] 10:12 reservation [2] 31:22; 32:7 reserved [1] 3:6 respective [11 3:3 restaurant[1] 34:10 retired [2] 4:1, 19 rhony [9] 6:22, 23; 7:16, 17, 24; 8:9, 17; 9:3, 5 right [5] 13:11; 21:3; 24:21; 32:2; 35:10 rights [2] 31:22; 32:7 road [11] 3:18; 9:16, 21; 10:24; 11:24; 12:9; 16:22; 17:2; 33:15, 24; 34:9 rough [1] 30:19 route [1] 34:9 rush [11 34:25 -s- sale [2] 21:2; 22:4 salesman [2] 7:25; 18:7 salvage[1] 12:11 sand [1] 30:23 sandpaper It] 30:21 scale [2] 13:10; 34:22 scenario (11 6:14 school [1] 3:21 scoff [53] 1:3; 9:21; 13:14, 25; 14:3, 5, 6, 22; 15:5; 17:22; 19:15; 20:22; 21:3, 5, 11; 22:23; 23:10, 11, 16; 25:7, 8, 11, 21, 22; 26:7, 9, 15, 20, 23; 27:1; 28:14, 16; 29:6, 11, 13, 22, 24; 30:2, 6, 11, 17; 31:3, 6; 32:13; 38:2, 5, 8, 23; 39:3, 13, 18 scoff's [9] 9:14, 24; 12:25; 13:3; 18:7; 26:14; 29:5; 32:24; 38:21 sealing [1] 3:3 seem [t] 31:2 seen [1] 31:17 seldom [1] 15:16 sell [18] 5:17, 20, 21, 25; 6:1, 3, 14, 20; 7:7, 25; 17:22, 23; 18:4, 11; 22:23; 23:16; 26:9 selling [4] 5:7; 18:16, 20; 23:20 sells Ill 36:1 semi-retired [1] 4:19 sense [1] 39:2 separate (2] 33:10 separately [1] 39:6 september [10] 21:1, 12, 19; 24:22; 28:13, 17; 29:11; 33:5,13: 39:15 several [2] 33:18, 20 shame [11 29:21 shaped [1] 9:20 shelf [1] 23:15 shingles[1] 30:20 side [1] 12:20 sign [12] 11:14, 18, 20; 12:6, 7, 8, 9, 10, 13, 18; 22:3, 8 signify[1] 11:4 signing [t] 3:3 signs [2] 11:21; 12:5 simple [1] 40:2 singlet] 29:17 air (1] 32:5 sits [t] 11:9 situation [1] 24:6 slip [11 30:21 slipped [1] 30:9 small Ill 11:3 snyder [11] 1:1; 20:25; 22:13; 24:23; 25:3, 6; 29:3, 22; 30:24; 31:16; 33:23 sold [14] 5:2; 6:9; 7:3; 18:3, 13, 19; 19:13; 23:1, 4, 12; 24:3, 6, 20 sole [21 4:11; 10:17 someone [3] 6:23; 19:1; 36:12 sometimes [2] 28:23; 35:1 son [10] 14:24; 15:11; 19:9, 21; 21:8, 10, 13; 29:17; 39:6 sorry [4] 12:9; 14:11; 26:21, 22 sounded [1] 18:5 space I1] 35:24 specific [1] 32:14 specifically [1] 29:23 specify (11 9:7 split[t] 18:15 spot Ill 27:16 as [1] 41:1 start [1] 13:17 state I3] 3:13; 8:1; 37:6 stated [2] 38:7; 39:18 statement (7] 2:14; 36:12; 37:1, 21, 25; 38:9; 40:8 stenotype [1] 41:11 step [1] 30:9 steps [18] 14:15; 25:7, 9; 26:12; 29:23; 30:1, 2, 12, 18, 20; 31:4, 7, 11, 13, 16, 18; 32:17, 19 stereo [1] 39:25 still [1] 24:9 stipulated [1] 3:2 stipulation [t] 3:1 stop [11 14:7 storage (2] 36:5, 6 stores [1] 36:4 street[1] 1:14 strictly [11 7:4 stuck [1] 21:3 stuff ]5] 24:2; 28:23; 31:2; 36:1, 6 such [2] 6:25 suggest[l] 38:17 supplies (11 24:12 supposed [2] 10:12; 11:4 sure [9] 15:9; 16:25; 18:5; 22:5; 28:9; 29:19; 30:3; 31:10; 35:4 sworn [2] 3:9; 41:10 T- taking [4] 25:15; 26:11; 38:16; 41:9 talk [3] 18:8; 22:21; 24:2 talked [2] 29:4, 8 talking [1] 3820 tammy [3] 1:11; 41:4, 23 taurus [11 6:17 taurus-type[1] 5:3 tax! [1] 36:2 telephone [4] 21:4, 22; 35:9,14 tell [12] 6:13; 7:18; 18:8; 23:22, 25; 24:1; 26:15; 29:23; 30:6,17: 31:6; 39:3 telling [2] 32:25; 33:2 tenants [1] 35:23 test [11 16:17 testified [1] 3:9 testimony [3] 2:1; 41:8, 20 than [5] 13:5; 23:16; 24:16; 29:19; 40:7 thinking [1] 19:22 thought 11] 19:4 throw [1] 30:23 tied [2] 21:4, 21 time [17] 3:6; 4:3, 6, it; 16:10, 11; 17:13; 20:9; 22:19; 23:2; 26:16, 25; 28:12; 29:13; 33:18; 36:19; 38:20 times I31 9:5; 16:15; 17:1 today [t] 32:12 told [21] 11:9; 22:13; 25:4, 7, 8, 23; 26:23; 27:1; 28:8; 29:22, 24, 25; 30:2, 19, 22; 32:20; 36:20; 38:2, 5, 11 took [3] 26:16; 32:23 tools (1] 29;7 town [1] 36:2 trade [t] 19:24 traffic [1] 22:1 trailer [10] 9:15; 13:3, 14, 18; 14:1, 3; 25:16; 31:9; 32:24; 38:23 trailer's [1] 12:25 transcribed [2] 38:13; 40:3 transcript [1] 41:18 transcription [1] 36:25 travelers [3] 32:6; 34:3, 5 trees[1] 16:2 trial [3] 1:5; 3:6; 41:6 tried I21 17:8,12 trimming[1] 16:2 trucks [2] 5:4 trunk[1] 12:8 trust [1] 7:13 truthful 11) 40:9 try[2] 7:13; 16:23 trying [2] 6:9; 8:13 turn [1] 12:12 turnpike (1] 9:19 tv [1] 39:25 twelve [1) 1:5 twice [1] 11:20 U- um-hum [7] 11:12; 12:4; 13:24; 24:15; 26:13; 28:25; 34:14 under [4] 8:22; 24:17; 38:19; 41:13 understand [2] 12:24; 39:5 unfortunately [1] 20:23 union [t] 34:10 unless [2] 23:1; 32:19 until [4] 4:8; 7:3; 20:10; 25:15 up [7] 12:21; 20:2; 27:18; 31:11; 34:19, 20; 38:4 upset (2] 26:5, 20 upside [1] 30:20 used [28] 1:3, 22; 4:4, 23; 5:17; 8:22; 11:6, 14; 12:11; 15:15; 20:5; 21:6; 23:2; 25:16, 18; 26:13; 28:24; 32:21; 33:9; 34:4, 18, 25; 35:20; 36:5; 3818,19,23; 39:16 usually [4] 17:12; 18:9; 23:25; 31:1 -V- vacancy [1] 36:3 various [2] 9:13; 34:12 vinyl Ill 12:10 W- wait [2] 14:11; 23:2 waived I1] 3:4 walk[l] 17:4 wanted [12] 5:19, 23; 6:24; 7:18; 20:21; 21:8; 26:7, 8, 10; 28:15; 32:3 wash [4] 15:18; 19:7, 12, 16 washed [4] 18:25; • 19:8, 10, 12 washer [11 19:13 watch [1] 16:20 wayne [10] 1:4, 9, 22; 2:3; 3:8, 14; 7:9; 10:20; 27:3; 41:8 week [1] 21:23 weeks [3] 21:24; 22:20; 25:25 went [3] 29:4; 33:17, 20 wet [1] 30:1 whereas 111 39:4 whereof [1] 41:20 who's[1] 11:8 wide [2] 10:14; 12:16 wife [8] 4:13; 7:10; 10:19; 11:1, 10; 22:13; 27:17; 29:8 wife's[1] 15:4 williams [2] 1:13, 21 wishes [1] 38:5 witness [22] 3:8; 4:15; 8:6, 14; 11:19; 13:6, 11; 18:2, 7, 22, 25; 23:8; 28:6; 35:7, 9, 12, 14, 18; 36:6; 37:5,19; 41:10 wolf [5] 3:18; 9:16, 20; 11:23; 12:9 wolfs [6] 10:24; 12:13; 16:21; 17:2; 33:14, 24 woodside[1] 1:19 word [4] 11:18, 20; 28:1, 4 words [1] 6:8 work [7] 6:19; 15:14, 17; 20:13; 28:19, 21, 22 worked [1] 20:11 working [1] 5:4 working-class [1] 5:3 works [1] 36:3 wow 11] 25:4 write [3] 11:17; 28'.4; 35:5 wrong [3] 19:22; 37:6; 38:14 wrote [11 34:20 _Y_ yard [4] 21:4, 2'I; 27:16 year [2] 4:8; 35:21 years [5] 14:14; 16:5; 17:10; 33:18, 20 yellow [11 36:2 • yesterday 23 22 [3] 3] 5:11, 15; 37:3 ,J ?j A ("--/ me 010 bp RECORDED STATEMENT OF WAYNE P. KELLER • Page 1. Claim #AWT9438 CL: This is Carla Lang interviewing Wayne Keller at his property located at 13 Gasoline Alley, Carlisle, Pennsylvania 17013. Today is Wednesday, May 8'", and it's approximately 3:22 in the afternoon. Wayne, do I have your permission to record the interview? WK: Yes you do. CL: Could you please state for me your full name? WK: Wayne P. Keller. CL: And what is your current address? WK: 99 Wolf Bridge Road. CL: And where is that located? WK: Carlisle, PA. CL: And the zip code? WK: 17013. • CL: Wayne, are you marred? WK: Yes. CL: And what is your wife's name? WK: Joan. CL: And your date of birth? WK: 10-4-41. CL: Are you currently employed? WK: Self-employed. CL: And what is your self-employment? WK: Sell cars. CL: And what's the name of your business? WK: Keller's Used Cars. CL: How long have you had Keller's Used Car business? WK: Since 1991. CL: Do you have any children? EXHIBIT WK: Yes. I? RECORDED STATEMENT OF WAYNE P. KELLER • Page 2 Claim #AWT9438 CL: How many children do you have? WK: Four. CL: What are their ages...? If you know. WK: Thirty-seven, thirty-five, thirty-three, and I think thirty. CL: Do any, do any of the children reside on the property that you own at 99, 99 Wolf Bridge Road? WK: Well, on that piece of land Scott lives and Kimberly lives, uh has a trailer also. CL: And Scott and Kimberly, that is your daughter and your son? WK: Yes. CL: And your other two children do not reside at this property? WK: No they don't. CL. And Scott and Kimberly um reside here. Where do they live on this property? Do they live in your own personal home? WK: No. Scott has his trailer at, what is it 9 Gasoline Alley it's called. CL: Okay. WK: But it's at, yeah 9 Gasoline Alley. CL: And what about Kimberly? WK: She's at 15 Gasoline Alley. CL: And the address of your business is 13 Gasoline Alley? WK: Correct. CL: What is the uh, size of the property that you have? WK: Seven and a half acres. CL: Do you have any other tenants that reside on that seven and a half acres of property? WK: That live you mean? One other lady lives in a trailer. CL: And what is her name, if you know. WK: Kathy Perky. CL: Okay. And do you have uh, a written lease with Kathy Perky? Or is it a verbal agreement? is WK: Verbal agreement. RECORDED STATEMENT OF WAYNE P. KELLER 0 Page 3 Claim #AWT9438 CL: And does she pay rent to you monthly? WK: Yes. CL: Do Scott or Kimberly pay monthly rent to reside on your property? WK: No. CL: How long have you owned this property? WK: I bought it in October of '78. CL: How long have you had the Keller Used Car Business? WK: Let's see, nine years... no, no... since '91, that's what eleven years. CL: Does your son Scott or your daughter Kimberly work for you at Keller's Used Cars? WK: No. CL: Does your son Scott Keller work for you at all regarding any business that you have? WK: No, he helps me once and a while, but he doesn't work for me. CL: Do you have any employees listed on a payroll for Keller's Used Cars? WK: None. CL: So it's basically just yourself? WK: Me, yes. CL: Okay. The reason for this statement is regarding an incident that happened outside of Scott Keller's trailer on September 25, 2000. Do you recall that incident? WK: No I heard about it later. CL: And were you home at the time when this incident took place? WK: No. CL: Regarding the mobile home that is owned by Scott Keller, do you know when that mobile home was placed on your property? WK: 1986. CL: And who was the owner of the mobile home in 1986? WK: Scott Keller owned it, it was in my name at that time. He was too young to have it financed. RECORDED STATEMENT OF WAYNE P. KELLER • Page 4 Claim #AWT9438 CL: When did the, the mobile home go into Scott Keller's name exclusively? WK: Well, probably about six years ago... actually, within a few years after it was bought. It was in the eighties. It's always been his. CL: So to the best of your knowledge, the mobile home that has the (unclear) steps on the outside is owned only by Scott Keller? WK: Yes. CL: Your name is not on that deed or your did not co-sign for any loan involving the mobile home? WK: I didn't co-sign, the loan was in my name to begin with. My father bought them for the kids. CL: So at this time the mobile home is paid off? There's no mortgage. WK: No mortgage, no. CL: Do you currently have any written contract or lease with Scott Keller, your son? WK: No. 0 CL: Do you charge Scott Keller any rent to reside on your property? WK: No. CL: Have you ever charged Scott Keller rent to reside on your property? WK: Never. CL: How long has Scott, your son, been living here at this property? WK: Since eighty-six, is that right? Yeah, eighty-six. CL: We will just confirm that you do not have a current lease or any written agreement with Scott and you do not charge him anything to live at your property. WK: No I don't. CL: Do you have any written lease or do you charge Kimberly anything to live on your property? WK: No. CL: (Ucclear- tape jumps) Scott had a current homeowner's policy covering his mobile home on September 25, 2000? WK: I found out he didn't. He used to and there was a lapse in policy. RECORDED STATEMENT OF WAYNE P. KELLER 0 0 Page 5 Claim #AWT9438 CL: Have you ever stated to Scott that he must carry his own insurance on his mobile home? I( WK: Yes. CL: And in September of 2000, you were not aware that his policy had lapsed and that there was no coverage on his property? WK: No I didn't know it. CL: Uh, Wayne, is there anything you'd like to add to your statement that I didn't already ask you today concerning the issues involving your business and your son Scott Keller? WK: Nothing I can think of. I, I've never met the man that said he fell. It happened back at Scott's and not here at my place. A lot of people stop to look at the racecar, and my wife sent them all over to Scott's house. CL: And that was the reason that the gentleman was here at your, at your property, uh was to look at a child's racecar that Scott had for sale? WK: Yes. CL: And that racecar was owned by Scott Keller? WK: Yes. CL: That racecar was not owned or for sale by Keller's Used Cars? WK: No. CL: And regarding the gentleman who fell, do you recall him uh, ever coming to your place of business to purchase a vehicle? WK: No. CL: Have you spoken or ever seen this particular here at the property? WK: No. I wouldn't recognize him if he walked in, I don't know him. CL: And were you aware that that gentleman did return to the property and looked at the steps at some point in time after September 25'h? WK: Scott told me that there was a man with some well dressed people back at his trailer taking pictures and measurements of his steps where the man had fell at Scott's house. That's when I heard about this. CL: And you were not here that day that they were taking the measurements either? WK: No. RECORDED STATEMENT OF WAYNE P. KELLER C? J 0 Page 6 Claim #AWT9439 CL: Okay. Wayne, do you acknowledge that the answers you gave me today are true and correct to the best of your knowledge? WK: Yes. CL: And do you acknowledge that you did give me permission to record our interview? WK: Yes I did. CL: That's going to end the interview. Thank you for your time. Transcribed by: Nicole E. Andrews Transcribed on: 5-17-2002 0 ?. e r,, ?-> r ?_ ? _? ?, -? r .,,? - ? :? "' r, N + ?.' _ :=< _. c: `y CLARENCE "BUD" SNYDER, Plaintiff V. KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER and WAYNE P. KELLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4083 CIVIL CIVIL DIVISION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO "DEFENDANTS WAYNE P. KELLER, JOAN E. KELLER AND KELLER'S USED CARS MOTION FOR SUMMARY JUDGMENT" AND NOW, comes Plaintiff, Clarence "Bud" Snyder, by and through his attorneys, Mette, Evans & Woodside, and answers Defendants' Motion for Summary Judgment, averring as follows: 1. Admitted. 2. Denied as stated. The Complaint includes a number of allegations, a copy of which is attached as "Exhibit A". 3. Denied. Plaintiff was interested in purchasing a model car which was located on the property owned by Keller's Used Cars and/or Wayne and Joan Keller. After inquiring about the model car, the Plaintiff was directed to 9 Gasoline Alley, a mobile home where Scott W. Keller resided. The property identified as 9 Gasoline Alley is owned by Keller's Used Cars and/or Wayne and Joan Keller. 4. Admitted. In addition, Plaintiff s attorney took the deposition of Wayne and Joan Keller. By way of further answer, the Defendants took the deposition of the Plaintiff. 5. Denied as stated and denied to the extent that Paragraph 5 suggests any legal conclusions. By way of further answer, see response to Paragraph 3. 6. Denied. See previous responses. 7. Denied. The averments in Paragraph 7 are legal conclusions to which no answer is required. If it is deemed that an answer is required, each and every allegation is denied. The deposition testimony of the parties demonstrates that 9 Gasoline Alley was owned by Keller's Used Cars and/or Wayne and Joan Keller, was part in parcel of the sale of used cars, that the Plaintiff was directed to 9 Gasoline Alley by employees of Keller's Used Cars and/or Wayne and Joan Keller and that the Moving Defendants had constructive notice of wooden steps in a dangerous condition. 8. Denied. The averments in Paragraph 8 are legal conclusions to which no answer is required. If it is deemed that an answer is required, see previous responses. 9. Admitted. 10. Denied. The averments in Paragraph 10 are legal conclusions to which no answer is required. If it is deemed that an answer is required, the allegations are denied. By way of further answer, see previous responses. WHEREFORE, Plaintiff requests the Court deny Moving Defendants Motion for Summary Judgment. Respectfully submitted, METTE, EVANS & WOODSIDE By: ANDREW H. DOWLING, ESQUIRE Supreme Court I. D. No. 39692 3401 North Front Street; P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 / Fax: (717) 236-1816 DATED: 7 Z6, Attorneys for Plaintiff CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: George F. Faller, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street Carlisle, PA 17013 METTE, EVANS & WOODSIDE BY: DATED: ANDREW H. DOWLING, ESQUIRE Supreme Court I. D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Fax: (717) 236-1816 Attorneys for Plaintiff as2126v1 f --i CLARENCE"BUD"SNYDER, Plaintiff V. KELLER'S USED CARS, SCOTT W KELLER, JOAN E. KELLER and WAYNE P. KELLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4083 CIVIL CIVIL DIVISION - LAW JURY TRIAL DEMANDED PLAINTIFF'S AMENDED ANSWER TO "DEFENDANTS WAYNE P. KELLER JOAN E. KELLER AND ELLFRN Ii.CFn rsne Xr..T..,.. AND NOW, comes Plaintiff, Clarence "Bud" Snyder, by and through his attorneys, Mette, Evans & Woodside, and answers Defendants' Motion for Summary Judgment, averring as follows: Admitted. 2. Denied as stated. The Complaint includes a number of allegations, a copy of which is attached as "Exhibit A". 3. Denied. Plaintiff was interested in purchasing a model car which was located on the property owned by Keller's Used Cars and/or Wayne and Joan Keller. After inquiring about the model car, the Plaintiff was directed to 9 Gasoline Alley, a mobile home where Scott W. Keller resided. The property identified as 9 Gasoline Alley is owned by Keller's Used Cars and/or Wayne and Joan Keller. 4. Admitted. In addition, Plaintiff's attorney took the deposition of Wayne and Joan Keller. By way of further answer, the Defendants took the deposition of the Plaintiff. 5. Denied as stated and denied to the extent that Paragraph 5 suggests any legal conclusions. By way of further answer, see response to Paragraph 3. 6. Denied. See previous responses. Denied. The averments in Paragraph 7 are legal conclusions to which no answer is required. If it is deemed that an answer is required, each and every allegation is denied. The deposition testimony of the parties demonstrates that 9 Gasoline Alley was owned by Keller's Used Cars and/or Wayne and Joan Keller, was part in parcel of the sale of used cars, that the Plaintiff was directed to 9 Gasoline Alley by employees of Keller's Used Cars and/or Wayne and Joan Keller and that the Moving Defendants had constructive notice of wooden steps in a dangerous condition. 8. Denied. The averments in Paragraph 8 are legal conclusions to which no answer is required. If it is deemed that an answer is required, see previous responses. 9. Admitted. 10. Denied. The averments in Paragraph 10 are legal conclusions to which no answer is required. If it is deemed that an answer is required, the allegations are denied. By way of further answer, see previous responses. WHEREFORE, Plaintiff requests the Court deny Moving Defendants Motion for Summary Judgment. Respectfully submitted, METTE, EVANS & WOODSIDE By: ANDREW H. DOWLING, ESQUIRE Supreme Court I. D. No. 39692 3401 North Front Street; P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Fax: (717) 236-1816 7 /a O? Attorneys for Plaintiff DATED: 0 CLARENCE "BUD" SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-4083 CIVIL TERM KELLER'S USED CARS, SCOTT W. ; KELLER, JOAN E. KELLER, and WAYNE P. KELLER, JURY TRIAL DEMANDED Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue _ c " Carlisle, PA 17013 G „ C 7 - 717/249-3166 T METTE, EVANS & WOODSIDE BY: ANDREW H. DOWLING, ESQUIRE Supreme Court ID #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 717/232-5000 312890 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas an las paginas siguientes, usted tiene viente (20) dies de plazo al partir de la fecha de la demands y to notificacion. Usted debe presenter una apariencia escrita o an persona o por abogado y archivar an la corte en forma escdta sus defenses o sus objeciones a las demandas an contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificaclon y por cualquier queja o alivio que as pedido en la peticion de demanda. Listed puede perder dinero o sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717/249-3166 CLARENCE "BUD"SNYDER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4083 CIVIL TERM KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER, and WAYNE P. KELLER, JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW, comes the Plaintiff, CLARENCE "BUD" SNYDER, by and through his attorneys, METTE, EVANS & WOODSIDE, and files this Complaint and in support thereof, avers as follows: 1. Clarence "Bud" Snyder is an adult individual residing at 2940 Lewisberry Road, York Haven, PA 17370. 2. Defendant Keller's Used Cars is a business operating within the Commonwealth of Pennsylvania with its principal place of business at 13 Gasoline Alley and 9 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendants Wayne P. Keller and Joan E. Keller are adult individuals residing at 99 Wolf Road, Carlisle, PA 17013 and owners of Keller's Used Cars. 4. Defendant Scott W. Keller is an adult individual who resides at 9 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania, 17013. 5. Defendants Keller's Used Cars, Wayne P. Keller and Joan E. Keller do business as a used car/antique car seller. 6. At all times relevant hereto, Defendant, Scott W. Keller, was an employee of Keller's Used Cars and/or Wayne P. Keller and Joan E. Keller, and acting within the scope of his employment. CLARENCE "BUD" SNYDER, Plaintiff V. KELLER's USED CARS, SCOTT" W. KELLER, JOAN E. KELLER and WAYNE P. KELLER Defendants 7. The accident hereinafter related took place on or about September 25, 2000 at or near the business office of Defendants, located at 9 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, Plaintiff went to one of the business offices of the Defendants, to discuss the possible purchase of an antique race car. Plaintiff was referred to one of the other business offices of the Defendants concerning the antique race car. 9. At the aforesaid time and place, Plaintiff, a business invitee of the Defendants and while exiting the Defendants' business office, proceeded to descend the stairs leading from Defendants' business office, when he slipped and fell down the wet wooden stairs. 10. As a direct result of the aforesaid accident, Plaintiff sustained serious injuries hereinafter related. 11. The wooden stairs leading to and from the Defendants' business office are the only means of ingress and egress. 12. The Defendants had a duty to maintain the wooden stairs in a safe condition for business invitees. 13. The Defendants had a duty to inspect the stairs to discover dangerous conditions. 14. The Defendants had a duty to provide handrails to assist patrons in properly negotiating the steps. 15. The Defendants had a duty to warn of the dangerous condition on its property. 16. At the aforesaid time and place, the wooden stairs to the Defendant' business office existed in a dangerous and defective condition. 17. The negligence, carelessness and/or recklessness of the Defendants consisted, inter a/1a, of the following: (a) Failing to provide a handrail to assist customers in properly negotiating the steps; (b) Failing to exercise reasonable care to inspect for an/or discover the defect of the wet, slippery wooden stairs; (c) Failing to warn of the dangerous condition of the wet, slippery wooden stairs; and (d) Failing to eliminate the dangerous condition of the wet, slippery wooden stairs by placing a skid resistant substance on the stairs or otherwise correcting their condition 18. As a direct result of the aforesaid negligence, Plaintiff sustained serious injuries hereinafter related: (a) severe lower back pain with spasms; (b) lower back contusion; (c) abrasions and ecchymosis in the right lateral lumbar area; (d) acute ambulatory dysfunction; (e) chronic and ongoing lower back pain; (t) chronic and ongoing bilateral foot pain and numbness 19. As a direct result of the aforesaid negligence, Plaintiff required an in- patient hospital stay for treatment of his lower back contusion. 20. As a direct result of the aforesaid negligence, Plaintiff was required to undergo an MRI of his lumbar spine which revealed a central canal narrowing at 1-4-5 and small left-sided disc protrusion at L5-S1 with bilateral neural foraminal narrowing L5-S 1. 21. As a direct result of the aforesaid negligence, Plaintiff was required to undergo both physical therapy and chiropractic treatments. 22. As a direct result of the aforesaid negligence, Plaintiff incurred medical expenses. 23. As a direct result of the aforesaid negligence, Plaintiff sustained lost wages and a reduction of earning capacity. 24. As a direct result of the aforesaid negligence, carelessness and/or recklessness, Plaintiff has and will continue to suffer great pain, suffering, inconvenience and discomfort. WHEREFORE, Plaintiff, CLARENCE "BUD" SNYDER, demands judgment in his favor and against the Defendants in an amount in excess of $35,000 plus costs and interest and other relief that the court deems just. METTE, EVANS & WOODSIDE By: ANDREW H. DOWLING Supreme Court No. 39692 3401 North Front Street PO Box 5950 Harrisburg, PA 17011-0950 (717) 232-5000 DATED:3 /a 1c3 Attorneys for Plaintiff VERIFICATION I, CLARENCE `BUD" SNYDER hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing Complaint, 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. Section 4904, relating to unworn falsification to authorities. Clarence `Bud" Snyder'' DATED: j1ev 320057 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, at Harrisburg, Pennsylvania, with first class postage prepaid, addressed as follows: George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Scott W. Keller 9 Gasoline Alley Carlisle, PA 17013 Joan E. Keller 99 Wolf Road Carlisle, PA 17013 METTE, EVANS & WOODSIDE By. <_ ANDREW H. DOWLING Supreme Court I.D. No. 39692 3401 North Front Street PO Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 DATED:31/,/,, Attorneys for Plaintiff 3 312890 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: George F. Faller, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street Carlisle, PA 17013 METTE, EVANS & WOODSIDE BY: DATED: ANDREW H. DOWLING, ESQUIRE Supreme Court I. D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Fax: (717) 236-1816 Attorneys for Plaintiff 452126v1 r ?? o - ?_?-„ I',J .. ?" .- ?? (i. CLARENCE "BUD" SNYDER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER : AND WAYNE P. KELLER, DEFENDANTS 02-4083 CIVIL TERM IN RE: MOTIONS OF DEFENDANTS KELLER'S USED CARS. JOAN E. KELLER O? AND WAYNE P. KELLER FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND HESS. J. ORDER OF COURT AND NOW, this 1Nay of August, 2006, the motions of defendants, Keller's Used Cars, Joan E. Keller and Wayne P. Keller for summary judgment, ARE GRANTED. By th"burt, , J. ?Andrew H. Dowling, Esquire For Plaintiff ,/George B. Faller, Jr., Esquire For Defendants :sal y ?a'0 Rl£0-OFRCE OF TI- E PROVONOTARY 2006 AUG 14 AM 11: 40 UWL-?`u av UOU?'?TY PENNSYLVANIA CLARENCE "BUD" SNYDER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KELLER'S USED CARS, SCOTT W. KELLER, JOAN E. KELLER : AND WAYNE P. KELLER, DEFENDANTS 02-4083 CIVIL TERM IN RE: MOTIONS OF DEFENDANTS KELLER'S USED CARS JOAN E. KELLER AND WAYNE P. KELLER FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND HESS. J. OPINION AND ORDER OF COURT Bayley, J., August 14, 2006.-- Plaintiff, Clarence "Bud" Snyder, filed a complaint against defendants Keller's Used Cars, Scott W. Keller, Joan E. Keller and Wayne P. Keller, seeking damages for injuries caused when he fell on September 25, 2000. Three of the defendants, Keller's Used Cars, Joan E. Keller and Wayne P. Keller, filed motions for summary judgment that were briefed and argued on July 12, 2006. In Washington v. Baxter, 719 A.2d 733 (Pa. 1998), the Supreme Court of Pennsylvania set forth the standard for deciding a motion for summary judgment. A court: ... must view the record in the light most favorable to the non- moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. Pennsylvania State University v. County of Centre, 532 Pa. 142, 143-145, 615 A.2d 303, 304 (1992). In order to withstand a motion 02-4083 CIVIL TERM for summary judgment, a non-moving party "must adduce sufficient evidence on an issue essential to his case and on which he bears the burden of proof such that a jury could return a verdict in his favor. Failure to adduce this evidence establishes that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law." Ertrel v. PaNot-News Co., 544 Pa. 93, 101-102, 674 A.2d 1038, 1042 (1996). Plaintiff, the non-moving party, has produced the following evidence. A co-worker of plaintiff told him that a midget racer was for sale at Keller's Used Cars. On September 25, 2000, plaintiff went to Keller's Used Cars at 13 Gasoline Alley in Carlisle, to inquire about the racer. People in a garage told him that the racer was in the yard, and directed him to a mobile home to the rear of the garage. Plaintiff walked to the mobile home in a steady rain. He went up some stairs and knocked on the door. Scott Keller answered. Keller said they would go down to where the racer was. Plaintiff started down the stairs when he slipped, fell and sustained injuries. Scott Keller owned the midget racer which was a gift from his father. The racer, with a price displayed on it, was in a front yard of the home of Wayne Keller and Joan Keller that faced Wolfs Bridge Road. They are the parents of Scott Keller. The mobile home is owned by Scott Keller, and has been situated on his parents' property since the mid-eighties. All of the contiguous land on which the used car business, which was operated by Wayne Keller, the Keller's home and Scott Keller's mobile home are located is owned by Wayne and Joan Keller. Scott Keller was thirty-three years old when plaintiff was injured. He has physical disabilities that significantly affect his ability -2- 024083 CIVIL TERM to work. In the year 2000, he did some work on the property of his parents that did not involve selling vehicles for Keller's Used Cars. Scott Keller did not pay rent for the land on which his mobile home sits. Wayne Keller paid for insurance on that mobile home. In his complaint, plaintiff alleges the negligence of all defendants as follows: (a) Failing to provide a handrail to assist customers in property negotiating the steps; (b) Failing to exercise reasonable care to inspect for and/or discover the defect of the wet, slippery wooden stairs; (c) Failing to warn of the dangerous condition of the wet, slippery wooden stairs; and (d) Failing to eliminate the dangerous condition of the wet, slippery wooden stairs by placing a skid resistant substance on the stairs or otherwise correcting their condition Plaintiff maintains that all of the parties moving for summary judgment possessed and controlled the premises where he fell and breached a duty to adequately maintain the premises. He cites Chenot v. A.P. Green Services, Inc., 895 A.2d 55 (Pa. Super. 2006), which provides: A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if, he (a) knows or by the exercise of reasonable care would discover the condition, and should realize it involves an unreasonable risk of harm to such invitees, and (b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and (c) fails to exercise reasonable care to protect them against the danger. Alternatively, plaintiff maintains that he was a business invitee of all defendants at the time he fell. Citing Chenot, supra, he notes that a landowner -3- 02-4083 CIVIL TERM must protect a business invitee not only against known dangers, but also against those which may be discovered with reasonable care. He argues in his brief. Here, plaintiff was invited on the land for purposes of business dealings with Defendants and was injured in the process inquiring about a product connected to Wayne and Joan Keller and Keller's Used Cars.... Clearly, all named Defendants were part of this business enterprise. In addition, the stairs that caused Plaintiffs injuries were located on the outside of Scott Keller's property on the property owned by Wayne Keller. Clearly, these steps were open and accessible for business invitees to use. Plaintiff was injured during the process of inquiring about a vehicle that was located on Wayne Keller's property and was directed to the vehicle by Moving Defendants and/or their employees. In addition, the stairs that caused Plaintiffs injuries were located on the property owned by Wayne Keller. The moving defendants state in their brief, "Defendants, Joan and Wayne Keller, were the owners of the real estate. Possession of the premises, however, had been turned over to their son, Scott Keller, a tenant." They cite as controlling law Dorsey v. Continental Associates, 404 Pa. Super. 525, (1991), which provides: In Pennsylvania, a landlord out of possession, in most instances is not responsible for injuries suffered by third parties on the leased premises. However, as the Court has previously stated, this rule is subject to several exceptions. A landlord out of possession may incur liability: (1) if he has reserved control over a defective portion of the premises; (2) if the demised premises are so dangerously constructed that the premises are a nuisance per se; (3) if the lessor has knowledge of a dangerous condition existing on the demised premises at the time of transferring possession and fails to disclose the condition to the lessee; (4) if the landlord leases the property for a purpose involving the admission of the public and he neglects to inspect for or repair dangerous conditions existing on the property before possession is transferred to the lessee; (5) if the lessor undertakes to repair the demised premises and -4- 02-4083 CIVIL TERM negligently makes the repairs; or (6) if the lessor fails to make repairs after having been given notice of and a reasonable opportunity to remedy a dangerous condition existing on the leased premises. (Citations omitted.) (Emphasis added.) In Dorsey, Continental Associates owned real property on which there was an office building. It leased the building to National Liberty. The plaintiff was an employee of National Liberty. She was injured when she fell on a stairway in the building which was slippery from rain water tracked in by people. The Superior Court concluded that Continental was a landlord out of possession, and that the only way it could be held liable to plaintiff is if it had knowledge of a dangerous condition existing on the demised premises at the time of transferring possession to the tenant and failed to disclose the condition to the tenant. In directing that a judgment n.o.v. be entered in favor of Continental, the Commonwealth Court concluded: The "defect" instantly is a stairway which becomes wet from water tracked in by persons when it is raining. It is patently clear that an accumulation of rain water tracked in by persons using the stairway is not a hidden or concealed defect and that such accumulation could quite obviously be discovered by the tenant.... As such, we find ... that Continental owed no duty to Dorsey. Rather, the duty was owed by National Liberty. The present case does not involve the lease of a mobile home and the land on which it sits. Rather, Wayne Keller and Joan Keller are the owners of the land on which the mobile home owned by Scott Keller sits. They did not lease the mobile home to him. The front steps where plaintiff fell are part of the mobile home. Plaintiff was not injured as a result of any condition on the Kellers' -5- 02-4083 CIVIL TERM land. Thus, they owed no duty to plaintiff as a landlord out of possession to maintain the steps on which plaintiff was injured. This same reasoning applies to plaintiffs contention that the defendants moving for summary judgment owed him a duty as possessors of land. The accident occurred on the steps of the mobile home owned by Scott Keller, not on the land owned by the Kellers. Thus, the Kellers did not owe plaintiff a duty with regard to the maintenance of the stairs of the mobile home. It makes no difference that Scott Keller did not pay rent to his parents for the land on which his mobile home sits, or that his parents paid for insurance on the mobile home. Lastly, the evidence produced by plaintiff is not sufficient for a jury to find that he was a business invitee of Wayne Keller, Joan Keller and Keller's Used Cars. Scott Keller's midget racer was not owned by or being sold by his parents or Keller's Used Cars. Scott Keller placed the racer, with a price on it, in the front yard of his parents' home so that it would be seen by people traveling on Wolfs Bridge Road. Plaintiff came onto the Keller's land solely to inquire about the sale of the midget racer. He had no business dealings with Wayne Keller, Joan Keller or Keller's Used Cars. There is no evidence that those defendants were part of a business enterprise selling Scott Keller's midget racer. Although plaintiff was directed by people at Keller's Used Cars to go to Scott Keller's mobile home, and the racer was in the front yard of the Kellers, that does not make plaintiff a business invitee of the Kellers or Keller's Used Cars. The duty -6- 02-4083 CIVIL TERM owed to plaintiff for the maintenance of the stairs of the mobile home was owed by its owner, Scott Keller, not the moving defendants. For the foregoing reasons, the following order is entered. ORDER OF COURT AND NOW, this IA day of August, 2006, the motions of defendants, Keller's Used Cars, Joan E. Keller and Wayne P. Keller for summary judgment, ARE GRANTED. By the ?, Edgar B. Baylby,'J. Andrew H. Dowling, Esquire For Plaintiff George B. Faller, Jr., Esquire For Defendants :sal -7- F11 ED . nrgp 2010 JAN 12 Ali 9; 41 `,',,?JUNTY lJLvi V,?f L Ili Vj John F. Yaninek, Esquire METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 0590 Harrisburg, PA 17110-0950 (717) 232-5000 - Telephone (717) 236-1816 - Facsimile aninekkmette.com if Attorneys for Plaintiff CLARENCE "BUD" SNYDER, Plaintiff V. KELLER'S USED CARS, SCOTT W KELLER, JOAN E. KELLER and WAYNE P. KELLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4083 CIVIL CIVIL DIVISION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter withdrawn and discontinued. Respectfully submitted, METTE, EVANS & WOODSIDE By: ? ?JFLYaninee , squire Ct. I.D. N 55741 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Date: January 8, 2010 Y CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: George F. Faller, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street Carlisle, PA 17013 Respectfully submitted, METTE, EVANS & WOODSIDE By; G J F. Yani e Esquire p. Ct. I. D. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Date: January 8, 2010 523278v1