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Home My WebLink About03-6369 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA _ / ,,/ /0 ;;; . -. -7, a_ N003-1-"t>92003 c....- /(;7 Glu<-{ ~, Civil Action -( ) JURY TRIAL DEMANDED (g. LORI AZAR 4309 HILLSDALE ROAD HARRISBURG, PA 17112 DAVID S. BEILER T/A MILLCREEK FENCE & FARM SYSTEMS 2285 OLD PHILADELPHIA PIKE Versus LANCASTER, PA 17602 GUY FRY 508 S. MARKET STREET MECHANICSBURG, PA 17055 MAXINE FRY 508 S. MARKET STREET MECHANICSBURG, PA 17055 THOMAS SEGER T/A T&T FENCING ROUTE 1 MILLERSTOWN, PA 17062 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be Issued and forwarded to ( KARL J. JANUZZI. ESQ. Shollenberqer & Januzzi. LLP 1820 Linqlestown Road Harrisburq, PA 17110 (717) 234-3700 Supreme Court ID No. 65575 Date: ue.c, 5,2003 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMM CED AN ACTION AGAINST YOU. ~ Prothoil'otary Date: /J.;.n~ q elM 3 by Deputy ( ) Check here if reverse is issued for additional information PROTHON. - 55 = ~ ~~ -:.t '" 0 ...; "" l." I.l> (y 'i-.c \F '- . l\ ~ <> C ".. "'Oct [I)!~ ~C; OJ;' . ~~- <..... ~~=: >C: ::: =2 .. V-, lr, v, G o Coo) CJ r'T1 n I '.0 ~ :J~ ::!J f-- --.h,rn ,~ ....., ':"J .....~ :hj ~'-I ;")::1 '7':-) .-~. r-n ,_J :t;! :0 -< :<>0 ::r. S' --J M \/ c.-:/ ([iL '--~; (Q) /, ('\ !.(. ) \ \.\._- /' F:IFILESIOA TAFILE\DonegaI3050\Documems\252_app/jlb Created: l/51042:19PM Revised: 1/51043:09PM LORI AZAR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06369 - 2003 CIVIL ACTION - LAW DAVID S. BEILER, GUY FRY, MAXINE FRY and THOMAS SEGER, Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Defendant David S. Beiler in the above matter and issue a rule upon the Plaintiffs to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. MARTS ON DEARDORFF WILLIAMS & OTTO By IIUfII->h ~ Vv J.t "'^- Thomas J. Wi' s, EsqUIre J.D. No. 17512 Ten East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Defendant Beiler Dated: RULE AND NOW, this day of January, 2004, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. /7 ( (L/o-;!;:;, I? ?lor- Prothonotary CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent of Marts on 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, P A, first class mail, postage prepaid, addressed as follows: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA l71 10 Mr. and Mrs. Guy Fry 508 S. Market Street Mechanicsburg, P A 17055 Mr. Thomas Seger T&T Fencing Route I Millerstown, PAl 7062 MARTS ON DEARDORFF WILLIAMS & OTTO ~. V~ By ~;;!U. II IQ~ Jo . Book 1l ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 5,2004 o S '.'.'. ~ ,..., g .s:- '- :P- Z I 0' o --n ..... ::J:.... n1- hi '"t1CJ '0 L ~~~ ::'L-n ':)- \"""~ 0' -.., ~ -<. :D" -::r;: ~ .~ o .' - SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff LORI AZAR, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 06369-2003 GUY FRY, MAXINE FRY, et aI., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED To the Prothonotary: Please re-issue Writ against the Defendant, David Beiler, t1a Millcreek Fence and Farm System. Please forward to the Sheriff for service. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By Dated: January 5, 2004 ('") c :;.:;;;; '" = (,;:..""> .J:" ~ -~ ~. o -n :::Jr -- ..,..,. fll- . -om cuD ()b ::;:1,-- ~:~~~ ,..) -:-! )> '" :.<. I 0', -u =1: I:? SHERIFF'S RETURN - REGULAR CASE NO: 2003-06369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AZAR LORI VS BEILER DAVID SET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FRY GUY the DEFENDANT , at 1930:00 HOURS, on the 18th day of December, 2003 at 508 S MARKET STREET MECHANICSBURG, PA 17055 by handing to GUY FRY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 6.90 .00 10.00 .00 22.90 So Answers:. ~ ~~ .r~~f~~.u' R. Thomas Kline 01/04/2004 SHOLLENBERGER & JANUZZI Sworn and Subscribed to before By: ~ //J~I Deput~Sheriff~ me this 7$ day of II-?)' """"" A.D. Mt'u~ r1. 'ht.Jliu f/t#" ..Prothonofary SHERIFF'S RETURN - REGULAR CASE NO: 2003-06369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AZAR LORI VS BEILER DAVID SET AL DAVID MCKINNEY Cumberland County,Pennsylvania, who being duly sworn according to law, Sheriff or Deputy Sheriff of says, the within WRIT OF SUMMONS FRY MAXINE was served upon the , at 1930:00 HOURS, on the 18th day of December, 2003 DEFENDANT at 508 S MARKET STREET MECHANICSBURG, PA 17055 GUY FRY, ADULT IN CHARGE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this '1J!2. day of Cbn Jtpy A.D. L) 1-<-.- (} /n.(.tih' A~ ~prothonotary ,I So Answers: __'-I'/P~ ^ "'--:;-:::::: "f'I"'F' :;/"':"'''"'''.'''"f'~p,,<<~ ..,<;;: t:,'.:""'" ~ ( .~~. j,;:;...v " ; '.n'" ,-" _.". ..;' _~.."' <~. ....." # R. Thomas Kline 01/05/2004 SHOLLENBERGER & JANUZZI By: O~L__ m71/' -7Deputfs~tfiff ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AZAR LORI VS BEILER DAVID SET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BEILER DAVID S T/A MILLCREEK FENCE & FARM SYSTEMS but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 5th , 2004 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep Lancaster Co So answers: 18.00 9.00 10.00 34.10 .00 71.10 01/05/2004 SHOLLENBERGER R. Thomas Kline Sheriff of Cumberland County & JANUZZI Sworn and subscribed to before me /''') this '7g> day of ~ J{JVcf A.D. ('-1 <-- a /nuJ;,~ ~ ' ~. Prothonot~rl ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AZAR LORI VS BEILER DAVID SET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SEGER THOMAS T/A T&T FENCING but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 5th , 2004 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County So answers: 6.00 9.00 10.00 31.52 .00 56.52 01/05/2004 SHOLLENBERGER R. Thomas Kline Sheriff of Cumberland County & JANUZZI Sworn and subscribed to before me this (i.. 7,-,. day of )=? A.D. J fJv '( l1:"",-<_Q 7n~ ~ J7'Prothonotary / In The Court of Common Pleas of Cumberland County, Pennsylvania Lori Azar VS. Guy Fry et al SERVE: Thanas Seger t/a T&T Fencing No. 03-6369 civil Now, December 10, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .."..,/ y~' '~~<"I'_j!:,'~"p Sheriff of Cumberland County, P A Affidavit of Service Now, Dec. 1 6, , 20~, at 12: 37 o'clock P M. seryed the within Writ of Summons upon Thomas Seqer t/a T&T Fencinq (address: 3988 Stone Arch Rd Millerstown, PA & Sheriff's Office-Courthouse, New Bloomfield Borough, PA by handing to Thomas Seger, Defendant a %RX True & Attested copy of the original Wri t of Summons and made known to Him the contents thereof. So answers, Deputy James T. Bennett she9~e:rY~ County, PA Sworn and subscribed before me this h~ay of Jleu Jlhc/; 2002; I ,/' (i /: ' ""1 )'1" ,.', \._<. / ' ) (i..~. '01J!.t- .( -I:..L.:' 12e. r,p' ,. . ( NOTARIAL SEAL'. .' 1 r... MARGA F. FLICKINGER, NOTARYPUlltll! Qfl.l~ Jj" BLOOMFIELD BORO., PERRY COUNTY '. MYCOMMISSION EXPIRES FEB.16, 2004 COSTS SERVICE MILEAGE AFFIDA VIT $ $ r (7 ~ p0,)(rfIP~~ -rP! rv/~~ SHERIFF'S OFFICE Nt 50 NORTH OUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17808-3480 . (717) 299-8200 PLEASE TYPI;,()",pmtfl:,~~GlBLY. DO NOT DAf:'....'A_~ 1 PLAINTiFF/S/ 2 COURT NuMBER ")O():l ~ ~ "ct Lori Azar 'Writ of OunmonE: 3 DEFENDANT /$1 4 TYPE OF WRIT OR COMPLAINT David S. Beiler t/a Millcreek Fence & Fann Systems Writ of SlJ11TX)ns SERVE {5' NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC., TO BE SERVED. IIIIIIIIl.. David S. Bei ler t/a Mi Ilcreek Fence & Fann Systems ........ 6. ADDRESS (Street or RFD, Apartment No., City, Bora. Twp. State and liP Code) AT 2285 Old Phi ladelphia Pike, Lancaster, PA 17062 7 INDICATE UNUSUAl'SERVICE 0 DEPUTIZE 0 OTHER Now, December 10. 2Gil3_, I, SHERIFF OFCj.\jt.'Il5.€:'~ COUNTY, PA., do hereb~' the s~eriff '. Lanc.aster County to execute this Writ and c' to law. This deputation being made at the request and risk of the plaintiff. . HERIFFOF L r" COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, Clnnberland SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN Mail return of service to Clnnberland County Sheriff. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upor;'! or attaching ally property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person oflevyor attachment, without liability on the part of such deputy or the sheriff 10 any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 110, TELEPHONE NUMBER 111 DATE (717) 234-3700 Decerrber q, 2003 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (ThIS eree must be complete(! if notice f.S to be melled) Karl J. Januzzi 1820 Linglestown Road, P.O. Box 60545 HarrishLlrqLPA 17106-05'15 -SPACE BELOW FOR USE OF SHERIFF ONL'Y - DO HOT WRITE BELOW THIS LINE 13 , k I d . I f fh ., f NAME of Authorized LCSO Deputy or Clerk 1'4. Date Received 1'5. Expiration/Hearing dal . ac now e ge recelp 0 e wn . o,complain'asindicatodabo,o. ~E WALTON (717) 295-3609 D/11/n1 1/R/04 16. I herebyCERTIFY.and RETURN that I ~ personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in "Remarks", the wnt or complaint described on the individual, company, corporation, etc., at the address shown above oron the individual, company, cor. poration, elc., at the address inserted below by handing a TRUE and ATTESTED COpy thereof. 1? 0 I hereby certify and return a NOT FOUND because I am unable to locate Ihe individual, company, corporation, etc., named above. (See remarks belOW) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 1'9. 0 No Service See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street orRFO, Apartment No ,City, Bora, Twp. State and Zip Code) 21. Date of Service 22. Time AM ---- EST tD :2.S EliHH 23ATTEMPTS V~~~~~?~lnl.~Detel MlIoalDep.lnl.l Dete 24. Advance Costs 25. Service Costs 1260 Notary Cert. 127. Mileage/Postage/N.F. R \ 36~9l')150,00 30.50 3,(.,.0 30 REMARKS ~ #- ~ _ ~;<::J ~..D ~ ;z:::::y., sa / ('7 ~ lD 'L- U_<-iLfo iY - /' ~ cff3IW~'~ ~ \ ,., 'bOcO. ~ -....y~ c c:. IL-- - ~"""" .. 32.S!gf. e~ ~ J.. 33.0ate O.pSh.,,1 ~ ~ r'''L.-Z-''T~ ~ 35 ..,OOIU," Of"Sh'~~ __. ..,_.A.. J2~ . 36 J~o.:W O~ ~.'. .,~rAi 1. WHITE - Issuing Authority 2. PINK - Attomey 3. CANARY. Sheriff's Office 4. BLUE - Sheriffs Office 17-~1-? I MI'oa, Dep. Inl.l Dete Mlle. I Dep. Int. 128. Tolal Costs 129. COST DUE OR REFUN[ 8L/.Jb 1/6.q()' 31. AFFIRME~UbSCrib 34. day U/ 37 VYi PrOlhon'olarY/O.r'~ MY COMMISSION EXPIRES SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff LORI AZAR, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. BEILER, tJa MILLCREEK FENCE & FARM SYSTEMS; GUY FRY CIVIL ACTION _ LAW and MAXINE FRY, individually and as JURY TRIAL DEMANDED husband and wife, and THOMAS SEGER, tJa T & T FENCING, Defendants NO. 063:69-2003 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 alnd a jUdgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff LORI AZAR, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. BEILER, t/a MILLCREEK FENCE & FARM SYSTEMS; GUY FRY CIVIL ACTION _ LAW and MAXINE FRY, individually and as JURY TRIAL DEMANDED husband and wife, and THOMAS SEGER, t/a T & T FENCING, Defendants NO. 063:69-2003 LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las pagil1as siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la dernanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previa aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DIINERO 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff LORI AZAR, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. BEILER, t/a MILLCREEK FENCE & FARM SYSTEMS; GUY FRY and MAXINE FRY, individually and as husband and wife, and THOMAS SEGER, t/a T & T FENCING, Defendants NO. 06369..2003 CIVIL ACTION.. LAW JURY TRIAL DEMANDED AND NOW come the Plaintiff, LORI AZAR, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1. The Plaintiff, LORI AZAR, is an adult individual who currently resides at 4309 Hillsdale Road, Harrisburg, Dauphin County, Pennsylvania. 2. The Defendant, DAVID S. BEILER, an adult individual, is the owner and operator of MILLCREEK FENCE & FARM SYSTEMS, a Pennsylvania business entity with its principal place of business at 2285 Old Philadelphia Pike, Lancaster, Lancaster County, Pennsylvania. 3. The Defendants, GUY FRY and MAXINE FRY, husband and wife, are adult individuals whose last known address is 508 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania. SHOLLENBERGER & JANUZZr, LLP 1820 lINGlESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700 . FAX (717) 234-8212 4. The Defendant, THOMAS SEGER, an adult individual, is the owner and operator of T & T FENCING, whose last known address is Route 1, Millerstown, Perry County, Pennsylvania. 5. The facts and circumstances hereinafter set forth took place on February 24, 2002, at approximately 7:00 P.M., at the home of Defendants GUY FRY and MAXINE FRY, 508 South Market Street, MechaniGsburg, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, LORI AlAR, upon invitation from the Defendants GUY FRY and MAXINE FRY, arrived oat the Frys' home for a visit, and proceeded to the back porch via a sidewalk leading from the front of the home to the back porch. 7. As the Plaintiff, LORI AZAR, continued toward the back porch, she tripped and fell over a thin wire that had been extended across the sidewalk by workers who were installing a fence on the Defendant Frys' property, causing serious injuries. 8. As a result of the aforesaid occurrence, Plaintiff, LORI AZAR, has suffered serious and permanent injuries, including but not limited to the following: a. Bilateral knee pain and contusions; b. Post traumatic cervicothoracic and lumbosacral strains; c. Pelvic contusion; d. Right sacroiliac syndrome; e. Right shoulder bursitis; f. Bilateral carpal tunnel syndrome; g. Bilateral cubital tunnel syndrome; h. Facial lacerations and bruising; i. Aggravation of irritable bowel syndrome; j. Severe headaches; k. Severe shock to nerves and nervous system; I. Various contusions and abrasions; m. Mental and physical anguish. 2 SHOLLENBERGER & JANUZZI, lLP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234.3700. FAX (717) 234-8212 9. As a direct and proximate result of the aforesaid injuries, Plaintiff, LORI AZAR, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 10. As a further result of the aforesaid injuries, Plaintiff, LORI AZAR, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, LORI AZAR, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, LORI AZAR, has sustained scarring and disfigurement for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintilf, LORI AZAR, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, LORI AZAR, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, LORI AZAR, has been and may continue to be subjected to further medical procedures and treatments, and all accompanying risks, hazards, pain, suffering, discomfort and economic losses associated therewith, and may be compelled to expend money for medicine and medical attention, for which damages are claimed. 3 SHOLLENBERGER & JANUZZI. llP 1820 LINGLE$TOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 COUNT I LORI AZAR v. DAVID S. BEILER. tla MILLCREEK FENCE & FARM SYSTEMS 16. Paragraphs 1 through 15 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 17. At all times relevant hereto, Defendant knew or should have known, in the exercise of reasonable care, of the foreseeable risk of harm which could result from the wire placed across the sidewalk by Defendant, its agents, employees, servants, workmen and/or representatives. 18. The aforesaid incident and resulting injuries to the Plaintiff, LORI AZAR, were a direct and proximate result of the negligence, carelessness and recklessness of Defendant, which consisted of: a. Creating a dangerous condition by negligently extending a wire across the sidewalk when the Defendant knew or should have known that the wire presented a hazard to persons walking on the premises; b. Failing to warn persons using the sidewalk of the dangerous condition; c. Failing to adequately barricade or section off the dangerous portion of the sidewalk; d. Failing to provide a safe walkway or alternate path for use in entering or leaving the premises; e. Failing to adequately maintain the construction site so as to avoid creating or allowing to remain for an unreasonably long time, a dangerous condition which presented the risk of harm to others; f. Failing to supervise the persons performing the construction to ensure the premises was safe for persons using same; g. Failing to comply with all applicable safety practices, regulations and/or codes; h. Failing to inspect the construction site for obvlious or hidden hazards. 4 SHOLLENBERGER & JANUZZI, LLP 1820 lINGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG. PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 19. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant as set forth above and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, LORI AZAR. WHEREFORE, Plaintiff, LORI AZAR, demands judgment against the Defendant, DAVID S. BEILER, Va MILLCREEK FENCE & FARM SYSTEMS, for compensatory damages in an amount in excess of the amount requirin!~ compulsory arbitration, together with interest and costs thereon as allowed by law. COUNT II LORI AZAR v. GUY FRY and MAXINE FRY, individuallv and as husband and wife 20. Paragraphs 1 through 19 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 21. At all times relevant hereto, Defendant knew or should have known, in the exercise of reasonable care, of the foreseeable risk of harm which could result from the wire placed across the sidewalk by Defendant, its agents, employees, servants, workmen and/or representatives. 22. The aforesaid incident and resulting injuries to the Plaintiff, LORI AZAR, were a direct and proximate result of the negligence, carel19ssness and recklessness of Defendant, which consisted of: a. Allowing the creation of a dangerous condition by negligently permitting a wire to be extended across the sidewalk when the Defendant knew or should have known that the wire presented al hazard to persons walking on the premises; b. Failing to warn persons using the sidewalk of the dangerous condition; c. Failing to adequately barricade or section off the dangerous portion of the sidewalk; 5 SHOLLENBERGER & JANUZZr, LLP 1820 lINGlESTQWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 d. Failing to provide a safe walkway or alternate path for use in entering or leaving the premises; e. Failing to exercise reasonable care to discover the obvious dangerous condition referenced above; f. Failing to adequately light the area so as to allow person on the premises to see a potentially dangerous condition that may exist. WHEREFORE, Plaintiff, LORI AZAR, demands judgment against the Defendants, GUY FRY and MAXINE FRY, individually and as husband and wife, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration, together with interest and costs thereon as allowed by law. COUNT 1/1 LORI AZAR v. THOMAS SEGER. t1a T & T FENCING 23. Paragraphs 1 through 22 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 24. At all times relevant hereto, Defendant knew or should have known, in the exercise of reasonable care, of the foreseeable risk of harm which could result from the wire placed across the sidewalk by Defendant, its agents, employees, servants, workmen and/or representatives. 25. The aforesaid incident and resulting injuries to the Plaintiff, LORI AZAR, were a direct and proximate result of the negligence, carelessness and recklessness of Defendant, which consisted of: a. Creating a dangerous condition by negligenllly extending a wire across the sidewalk when the Defendant knew or should have known that the wire presented a hazard to persons walking on the premises; b. Failing to warn persons using the sidewalk of the dangerous condition; 6 SHOLLENBERGER & JANUZZJ, LlP 1820 LlNGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG. PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 c. Failing to adequately barricade or section off the dangerous portion of the sidewalk; d. Failing to provide a safe walkway or alternate path for use in entering or leaving the premises; e. Failing to adequately maintain the construction site so as to avoid creating or allowing to remain for an unreasonably long time, a dangerous condition which presented the risk of harm to others. f. Failing to comply with all applicable safety practices, regulations and/or codes; g. Failing to inspect the construction site for obvious or hidden hazards. WHEREFORE, Plaintiff, LORI AZAR, demands judgment against the Defendant, THOMAS SEGER, tla T & T FENCING, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration, together with interest and costs thereon as allowed by law. Respectfully submitted, By: ar J. Januzzi, Esquire Attorney for Plaintiff I.D. No. 65576 1820 Linglestown Road Harrisburg, PA 17110 717/234-3700 Dated: June 15-, 2004 7 SHOLLENBERGER & JANUZZI, lLP 1820 L1NGLESTQWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 VERIFICATION I, Lori Azar , hereby acknowledge that I am a Plaintiff in this action and that I have read the and that the facts stated herein are true and correct to the best of my knowledge, Complaint 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. Date: 6/14/04 SHOLLlJllacu: . J'.lH\Itzr. u.p 1120 LZI'Ct.U"f'owN lOAD . '.0. lOX fOSU . HAUU't.'1tG. ,I. 1710'.05015 (7171 2).4-3100 . 'AX ;7111 2J4.,:U '1'7....', :-~: ...Ul'''......... -,;.:;,,:, me:, -';..0 ...... ,-.'. -~- r--' ~- ~::- ~- :;". (") c L- ::;J , ......, r.:;::, c.:;" o 'T1 :;.1 hi:n 1.-- :;:,yiI1 __'-.Il_) C; _.~ (:) ~T:Tl --' "", ~,..- L 5:= -..::... -.J -,., ::1: Ul uJ ~-5 r'rl ~ ::,1 ~:; -< THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire J.D. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, P A 17108 (717)237-7153 LORI AZAR, Plaintiff Attorneys for Defendants Guy Fry and Maxine Fry IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & F AR.\1 SYSTEMS, GtJY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CWIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Michele 1. Thorp, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Guy Fry and Maxine Fry, in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiffs' Complaint. DATE: L./lte/O't T CERTIFICATE OF SERVlg I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Karl 1. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 Thomas J. Williams, III, Esquire Martson, Deardorff, Williams & Ott 10 East High Street Carlisle, PAl 70 I3 Thomas Seger T/A T&T Fencing Route I Millerstown, P A 17062 T MAS:, THOMAS & HAFER, LLP By: i ele J. Tho Attorney J.D. . 71 I 17 305 N. Front Street P.O. Box 999 Harrisburg, PAl 7108-0999 (717) 237-7153 DATE: LD/II..t2../0'f (") s , r . ~- , "'~..- ~ . ....., = = .r' (- s.:; ....- ~ .-1 :r: -n nip -om 66 Z;;Q .:c-':hl S ,> "':l":'; :-<": -' ....,., ::r:.:: <II QJ F:\FlLES\DA T AFlLE\Dollegal3050lCurrentU52.ans lIajt Created: 115/042:19PM Revised: 6/24/044:05PM LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLMID COUNTY, PENNSYLVANIA v. NO. 06369 - 2003 CNIL ACTION - LAW DAVID S. BEILER, GUY FRY, MAXINE FRY and THOMAS SEGER, Defendants JURY TRIAL DEMANDED DEFENDANT DAVID S. BEILER'S ANSWER WITH NEW MATTER AND CROSSCLAIMS TO: LORI AZAR, Plaintiff, and her attorney, KARL J. JANUZZI, ESQUIRE and GUY FRY and MAXINE FRY, Defendants, and theiir attorney, MICHELE J. THORP, ESQUIRE and THOMAS SEGER, Defendant YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1-4. Admitted. 5-6. Denied pursuant to Rule I 029( e) ofthe Pennsylvania Rules of Civil Procedure. Proof thereof is demanded. 7. Denied pursuant to Rule 1029(e) of the Pennsylvlmia Rules of Civil Procedure and it is specifically denied that Defendant Beiler was involved in extending said wire. Proofthereofis demanded. 8-15. Denied pursuant to Rule 1 029( e) ofthe Pennsylvania Rules of Civil Procedure. Proof thereof is demanded. COUNT I 16. Paragraphs I through IS ofthis Answer are incorporated herein by reference. 17. Denied pursuant to Rule 1029(e) ofthe Pennsylvania Rules of Civil Procedure and it is specifically denied that Defendant Beiler was involved in extending said wire. Proofthereof is demanded. 18(a-h). Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. In addition, Defendant Beiler was not involved in extending said wire and was not even on the premises performing any work. To the contrary, Defendant Beiler had subcontracted the construction project at the premises owned by Defendant Fry to Defendant Thomas Seger tla T & T Fencing. Proof thereof is demanded. 19. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. In addition, Defendant Beiler was not involved in extending said wire and was not even on the premises performing any work. To the contrary, Defendant Beiler had subcontracted the construction project at the premises owned by Defendant Fry to Defendant Thomas Seger tla T & T Fencing. Proof thereof is demanded. WHEREFORE, Defendant Beiler demands judgment in his favor against Plaintiff. COUNTS II throul!h III 20-25. These counts and averments are directed to other Defendants, not Defendant Beiler, and no answer is necessary. If answer is required, said avennents are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Beiler demands judgment in his favor against Plaintiff. NEW MATTER 26. The affirmative defenses set forth in Rule 1030 of the Pennsylvania Rules of Civil Procedure are incorporated herein. 27. Plaintiff voluntarily assumed the risk of injury and was comparatively negligent. 28. Defendant Beiler was not involved in extending said wire and was not even on the premises performing any work. To the contrary, Defendant Beiler had subcontracted the construction at the premisses owned by Defendant Fry to Defimdant Thomas Seger tla T & T Fencing. NEW MATTER IN THE NATURE OF CROSSCLAlMS AGAINST DEFENDANT FRY AND DEFENDANT SEGER 29. Defendant Thomas Seger tla T & T Fencing and Defendants Guy Fry and Maxine Fry are hereby joined as Additional Defendants for purposes of sole, joint and several liability. 30. Paragraphs I through 7 and 20 through 25 ofPlaJintiffs Complaint are incorporated herein by reference solely for purposes of this crossclaim not for any other purpose. 31. If Plaintiff is entitled to recovery on her Complaint, it is alleged that said recovery should be against Defendant Seger and/or Defendant Fry. WHEREFORE, Defendant Beiler demands judgment against Defendant Seger and Defendant Fry for purposes of sole liability, contribution and indemnity. MARTS ON DEARDORFF WILLIAMS & OTTO By \f2l k I Daniel K. Deardorff, Esquire LD. No. 17837 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Ddendant Beiler Dated: June 24, 2004 VERIFICATION . Answer with New Matter The foregomg and' Crossclaims 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 COlTect 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 providf's that if I make knowingly false averments, I may be subj ect to criminal penalties. (QQ{~ A.IJ~~(jp~ David iler CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Marts on Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Answer with New Matter and Crossclaims was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road Harrisburg, PA 17110 Michele J. Thorp, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Mr. Thomas Seger T&T Fencing Route I Millerstown, P A 17062 MARTSON DEARDORFF WILLIAMS & OTTO By Jr,j5] ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 24, 2004 o c '" c.:::;) C:;) ",- '- o ," --I ~-t- hl :Ii ,- -nIT1 ::.:JCJ C) L _,C) --.--- --t, :,., _.~.:.. r0 Ui ::~ C.~? C':1 -.J THOMAS, THOMAS & HAFER, LLP Michele 1. Thorp, Esquire J.D. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, P A 17108 (717) 237-7153 Attorneys for Defendants Guy Fry and Maxine Fry LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6369 DAVID S. BEILER T/A MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER T/A T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER IN NATURE OF CROSSCLAIMS AGAINST DEFENDANT FRY AND DEFENDANT SEGER 29. Denied. The averments ofthese paragraphs are denied as legal conclusions and pursuant to PaRC.P. 1029(e). 30. Denied. The averments ofthese paragraphs are denied as legal conclusions and pursuant to PaRC.P. 1029(e). 31. Denied. The averments of these paragraphs are denied as legal conclusions and pursuant to PaRC.P. 1029(e). WHEREFORE, Defendants Guy Fry and Maxine Fry demand judgment in their favor and against Defendant Beiler's Crossclaim, with costs assessed to Defendant Beiler. e tfull y submitted A , TH ~AFER, LLP i ele . , Esquire Attorney I.D. o. 71117 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 DATE: -, / '/0'+ CERTIFICATE OF SERVIC]~ I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg,PA 17110 Thomas J. Williams, III, Esquire Martson, Deardorff, Williams & Ott 10 East High Street Carlisle, PA 17013 Thomas Seger T/A T&T Fencing Route I Millerstown, P A 17062 By: DATE: '/'/0 i- 301236. ] r-' ~:,.;) ," _~_-.l ::r.:.- c-:~, ( --~- , :c"', , \ t".) o -n .-4 ~-r:. -'n r'~~' f.':, --'.\'.. 'J\'-.J ), (~:1_ -->, -f'l - _ ~l~~ l:;~\ ::-:\ - ~,~~ cr:. _...l SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06369-2003 DAVID S. BEILER, GUY FRY, MAXINE FRY and THOMAS SEGER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes the Plaintiff, LORI AZAR, by and through HER attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers New Matter of Defendant David S. Beiler as follows: 26-27. The allegations set forth in Paragraphs 26-27 of Defendant's New Matter, are conclusions of law which require no responsive pleading. By way of further answer, Plaintiff specifically denies the allegations set forth in paragraphs 26-27 of the New Matter of Defendant David S. Beiler. 28. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment s,et forth in this paragraph. 29-31. Paragraphs 29-31 of the New Matter of Defendant David S. Beiler are directed to a party other than Plaintiff and therefore require no response by Plaintiff. WHEREFORE, Plaintiff LORI AZAR respectfully request your Honorable Court strike New Matter of Defendant David S. Beiler, and enter judgment in Plaintiffs favor. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Date: rltloy SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERU~ND COUNTY, PENNSYLVANIA v. NO. 06369-2003 DAVID S. BEILER, GUY FRY, MAXINE FRY and THOMAS SEGER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service ~~ AND NOW this day of _' 2004 I hereby certify that I have served the following Answ r to Defendant' New atter on the following by depositing a true and correct copy of same in tHe United States mail, postage prepaid, addressed to: Daniel K. Deardorff, Esq. Martson, Deardorrf Ten E. High Street Carlisle, PA 17013 Michele J. Thorp, Esq. Thomas, Thomas & Hafer 305 N. Front Street P.O. Box !399 Harrisbur~I, PA 17108 Mr. Thomas Seger T& T Fencing Route 1 Millerstown, PA 17062 Respectfully submitted, By: E & JANUZZI, LLP Dated: ~'2004 THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire 1.0. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7153 Attorneys for Defendants Guy Fry and Maxine Fry LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6369 DAVID S. BEILER T/A MILLCREEK CIVIL ACTION - LAW FENCE & FARM SYSTEMS, GUY FRY, : MAXINE FRY and THOMAS SEGER T/A T&T FENCING, Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants Guy Fry and Maxine Fry intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas will be served. THOMAS, THOMAS & HAFER LLP Date: July 6, 2004 By: THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire I.D. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7153 Attorneys for Defendants Guy Fry and Maxine Fry LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, : MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVIICE AND NOW, this 6th day of July, 2004 I, BARBAFtA A. ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of thEl same in the United States Mail, first class, postage prepaid, to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 Daniel Deardorff, Esquire Martson, Deardorff, Williams & Ott 10 East High Street Carlisle, PA 17013 Thomas Seger TIA T&T Fencing Route 1 Millerstown, PA 17062 Date: July 6, 2004 _,~a~ Barbara A. Onorato Legal Assistant Plaintiff IN THE COUf;:T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LORI AZAR, v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Seidel Hospital, 120 S. Filbert Street. Mechanicsburg, PA 17055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, reports, treatment notes, diagnostic studies. writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB B99, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requestelj by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court oreler compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLWWING PERSON: NAME: Micheie J. Thoro. Esauire AODRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT 10 No: 71117 ATTORNEY FOR: Defendant Prothonotary/Glerk, Civil Division Deputy Seal of the Court DATE: Plaintiff IN THE COUHT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LORI AZAR, v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Dr. Robert Kaneda, 450 Powers Avenue, Harrisburg, PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 1399, Harrisburg, PA 17108 (Address) You may deliver or malt legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena, W'ithin twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply 'Nith it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thoro. Esauire AODRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE (717) 237-7152 SUPREME COURT 10 No: 71117 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy Seal of the Court DATE: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LORI AlAR, v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Hartman Rehab Associates, 4'h & Willow Streets, 3'" floor, POB 1282, Lebanon, PA 17046 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB H99, Harrisburg, PA 17108 (Addre,;s) You may deliver or mail legible copies of the documents or produce things requestecl by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thoro. Esquire AOORESS 305 N. Front Street. POB 999 Harrisburq. PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT ID No: 71117 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy Seal of the Court DATE: Plaintiff IN THE COUHT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LORI AlAR, v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, The Arlington Group, 805 Sir Thomas Court, Harrisburg, PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medicai records, reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Addmss) You may deliver or mail legible copies of the documents or produce things requesteld by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fait to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply INith it. THiS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOL.LOWING PERSON: NAME: Michele J. Thoro. Esauire AOORESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE (71 7) 237-71 52 SUPREME COURT ID No: 71117 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy Seal of the Court DATE: LORI AZAR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Pinnacle Health (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prod Lice the following documents or things: Copies of all medical records, reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB B99, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested' by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) Ijays after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS iSSUED AT THE REQUEST OF THE FOLL.OWING PERSON: NAME: Michele J. Thoro, Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT ID No: 71117 ATTORNEY FOR Defendant Prothonotary/Clerk, Civil Division Deputy Seal of the COlJrt DATE: LORI AlAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, US Air (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of ali employment records, including application for employment, pre-empioyment physical, attendance records, wage information, disability slips, etc. on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Addr."s) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have th,e right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thorp, Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE (717) 237-7152 SUPREME COURT 10 No: 71117 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy Seal of the Court DATE: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LORI AlAR, v. NO.2003-63Ei9 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Dr. Jane Conroy, 50 N. 12th Street, Ground Level, Lemoyne, PA 17043 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to procluce the following documents or things: Copies of all medical records, reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Addmss) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance. the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents Of things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOl.LOWING PERSON: NAME: Michele J. Thoro. Esauire AOORESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT 10 No: 71117 A TIORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy Seal of the Court DATE: LORI AlAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Holy Spirit Hospital (Name of Person Of Entity) Within twenty (20) days after service of this subpoena, you are ordered by tile court to produce the following documents or things: Copies of all medical records, reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 99B, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek. in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, vvithin twenty (20) days after its service, the party serving. this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thoro. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE (717) 237-7152 SUPREME COURT 10 No: 71117 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal ofthe Court 0 r-..> C = 0 <=> -~ ..,. -n '- =:! c~: nl :!J -. 0- r- , -om , OJ t56 '-. -0 =-iJ-l f~:(-:) m._,J ::0: Q--' J.. S :,.?:() C)i11 .,..- .:' -' .r:- :-'0 , ~- -< LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-63159 DAVID S. BEILER T/A MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, : MAXINE FRY and THOMAS SEGER T/A T&T FENCING, Defendants CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A :SUBPOENA DISCOVERY PURSUANT TO RUL,E 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. (3) Karl Januzzi, Attorney for the Plaintiff, has waived the twenty day rule. 4) The subpoenas which will be served are idE~ntical to the subpoena which are attached to the notice of intent to serve the subpoena. Respectfully submitted, THOMAS, THOMAS & HAFER LLP Date: July 12, 2004 By,0wLtf~1.~ MICHELE J. TH9I P Attorney for DJPendants Guy Fry and Maxine Fry THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire 1.0. No. 71117 305 North Front Street P. O. Box 999 Harrisburg. PA 17108 (717) 237-7153 Attorneys for Defendants Guy Fry and Maxine Fry LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 20103-6369 DAVID S. BEILER TIA MILLCREEK CIVIL ACTION _ LAW FENCE & FARM SYSTEMS, GUY FRY, : MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants : JURY TRIAL DEMANDED CERT~ICATEOFSERVICE AND NOW, this 12th day of July, 2004 I, BARBARJ\ A. ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 Daniel Deardorff, Esquire Martson, Deardorff, Williams & Ott 10 East High Street Carlisle, PA 17013 Thomas Seger TIA T&T Fencing Route 1 Millerstown, PA 17062 ,4~a~ Barbara A. Onorato Legal Assistant Date: July 12, 2004 THOMAS. THOMAS & HAFER. LLP Michele J. Thorp, Esquire 1.0. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237.7153 LORI AZAR, Plaintiff Attorneys for Defendants Guy Fry and Maxine Fry v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6369 DAVID s. BEILER TIA MILLCREEK CIVIL ACTION _ LAW FENCE & FARM SYSTEMS, GUY FRY, : MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants Guy Fry and Maxine Fry intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas will be served. Date: July 6, 2004 THOMAS, THOMAS & HAFER LLP M~HE~ Attome~lr Defendants By: o C ?~ ~.., c;:. = -,,- <- c: r- I co ::c> o .." =;:! nl~ ::gITi ~t~ 9~ ;-':"')il1 -~ 53 ~ (' , .'j -, .r.- ..- THOMAS. THOMAS & HAFER, LLP Michele J. Thorp, Esquire 1.0. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7153 v. IN THE COURT OF COMMON PLEAS CUMBEI~LAND COUNTY, PENNSYLVANIA : NO. 2003-6369 CIVIL ACTION -LAW Attorneys for Defendants Guy Fry and Maxine Fry LORI AZAR, Plaintiff DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, : MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants -- first class, Postage prepaid, to the fOllowing: CO,y of~. forogoJ,g 'ooum.", by ~"";'g , <opy of~. "m. ;, ~e U,fted S_ M';I, ~e lew '"" of Thorn", Thome, & H'fee LLP, ''''''by co"", ~" I "'"' , b,,, eo, co_ AND NOW, ~. "'" d,y of J"y, 20041, BARBARA A ONORATO, """Ieg"" CERTIFICATE OF SERVICE JURY TRIAL DEMANDED Karl J. JanuZZi, Esquire Shallenberger & JanuZZi, LLP 1820 ling/estown Road Harrisburg, PA 17110 Daniel Deardorff, Esquire Martson, Deardorff, Williams & Ott 10 East High Street Carlisle, PA 17013 Thomas Seger TIA T&T Fencing Route 1 Millerstown, PA 17062 Date: JUly 6, 2004 ~-tL /l. ~ <$ Barbara A. Onorato Legal Assistant LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-Cl369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTiON - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Seidel Hospital, 120 S. Filbert Street, Mechanicsburg, PA 17055 (Name of Pl!rson or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POl3 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things reques;ted by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance. the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena. within twenty (20) days after its service,the party serving this subpoena may seek a court order compelling you to comply 'Nith it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thoro. Esaulre AOORESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT 10 No: 71117 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAl. DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO ,RULE 4009.22 TO: Custodian of Records, Dr. Robert Kaneda, 450 Powers Avenue, Harrisburg, PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medicai records, reports, treatment notes, diagnostic: studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 sociai security no: 176.50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 -.-----... (Addn!ss) You may deliver or mail legible copies of the documents or produce things requesteld by this subpoena, together 'Nith the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or Producing the things sought. If you fail to Produce the documents or things required by this subpoena, v.;lhin twenty (20) days after its service. the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thoro. Esauire ADORESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 237.7152 SUPREME COURT 10 No: 71117 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the COllrt LORI AZAR, Plaintiff IN THE COUI~T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Hartman Rehab Associates, 4th & Willow Streets, 3"' floor, POB 1282, Lebanon, PA 17046 (Name of Parsl)n or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follolNing documents or things: Copies of all medical records, reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of tI1e documents or produce things requestej by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek., in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party selVing this subpoena may seek a court order compelling you to comply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thoro. Esauire AOORESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT 10 No: ill1Z ATIORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy Seal of the Court DATE: Plaintiff IN THE COUHT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LORI AlAR, v. NO. 2003-63€39 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, The Arlington Group, 805 Sir Thomas Court, Harrisburg, PA 17109 (Name of Per.K1n or Entity) Within twenty (20) days after service of this subpoena, yau are ordered by the court to produce the following documents or things: Copies of all medical records, reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POEI 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within t\.venty (20) days after its saNiee, the party serving this subpoena may seek a court order compelling you to comply INith it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thoro. Esauire ADORESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT ID No: 71117 ATTORNEY FOR: Defendant Prothonotal'Y/CI~rk, Civil Division Deputy Seal of the Court DATE: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LORI AlAR, v. NO. 2003-63El9 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO f':ULE 4009.22 TO: Custodian of Records, Pinnacle Health (Nama of Pers;on or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Addn9SS) You may deliver or mail legible copies of the documents or produce things requestl:td by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOL.LOWING PERSON: NAME: Michele J. Thoro. Esouire ADDRESS 305 N. Front Street. POB 999 Harrisburq. PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT ID No: 71117 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy Seal of the Court DATE: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LORI AZAR, v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, US Air (Name of Perse)" or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prodlJce the following documents or things: Copies of all employment records, including application for employment, pre-employment physical, attendance records, wage information, disability slips, etc. on behalf of Lori Az:ar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Addrelss) You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, Vv'ithin twenty (20) days after its seNice, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOL.LOWING PERSON: NAME: Michele J. Thoro. Esauire ADDRESS 305 N. Front Street. POB 999 Harrisburo. PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT ID No: 71117 ATTORNEY FOR: Defendant Prothonotal)'/Clerk. Civil Division Deputy Seal of the Court DATE: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LORI AZAR, v. NO. 2003-63E,9 DAVID S. BEILER T/A MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Dr. Jane Conroy, 50 N. 12th Street, Ground Level, Lemoyne, PA 17043 (Name of Pars,on or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follOVv'ing documents or things: Copies of all medical records, reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/o/b: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, v.Jithin twenty (20) days after its service. the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thoro. Esquire AOORESS 305 N. Front Street. POB 999 Harrisburc. PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT 10 No: 71117 ATTORNEY FOR: Defendant Prothonotaly/Clerk, Civil Division Deputy Seal of the Court DATE: LORI AlAR, Piaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Holy Spirit Hospital (Name of Parseln or Entity) Within r.venty (20) days after service of this subpoena, you are ordered by the court to produce the follmving documents or things: Copies of all medical records. reports, treatment notes, diagnostic studies, writings, correspondence, etc. for treatment rendered on behalf of Lori Azar d/olb: 4/3/64 social security no: 176-50-3529 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999. Harrisburg, PA 17108 (Addn...) You may deliver or mall legible copies of the documents or produce things request1ad by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You ha....e the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, .....,;thin twenty (20) days after its service, the party salVing this subpoena may seek a court order compelling you to comply Vv'ith it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thoro. Esauire AODRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT 10 No: 71117 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy Seal of ttm Court DATE: )> ...., ,:;:::J '-;.:J ~ '- c::: c-- ...... ::r;.']J n'r- ~'fJ r::q -n'....J ~.~~~ ();:---) >.;;'n :-.:r <i"J :;.< ..,.., ::~ r:"? (.,,) THOMAS, THOMAS & HAFER, LLP Michele 1. Thorp, Esquire 1.0. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7153 Attorneys for Defendants Guy Fry and Maxine Fry LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6369 DAVID S. BEILER T/AMILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and Counsel Defendant, David S. Beiler, tla Millcreek Fence & Farm Systems and Counsel Defendant, Thomas Seger, tla T & T Fencing You are hereby notified to plead to the enclosed New Matter and Crossclaims within twenty (20) days from service hereof or a default judgment may be entered against you. DATE: 7~3jo't T AFER, L LP THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire J.D. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7153 Attorneys for Defendants Guy Fry and Maxine Fry LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2003-6369 DAVID S. BEILER T/A MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER. NEW MATTER AND CROSSCLAIMlS OF DEFENDANTS GUY FRY AND MAXINE FRY TO PLAINTlliF'S COMPLAINT AND NOW, comes Defendants, Guy Fry and Maxine Fry, by and through their attorneys, Thomas, Thomas & Hafer, LLP, and responds to the Complaint of Plaintiff as follows: I. Admitted based upon information and belief. 2. Admitted based upon information and belief 3. Admitted. 4. Admitted based upon information and belief 5. Denied. The averments of this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 7. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 8.(a)-(m). Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 9. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 10. Denied. The averments of this paragraph are dl~nied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). II. Denied. The averments of this paragraph are dtmied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 12. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 13. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 14. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 15. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). COUNT I LORI AZAR v. DAVID S. BEILER. t/a MILLCREEK FJENCE & FARM SYSTEMS 16.-18. The averments of these paragraphs are directed to entities other than answering Defendants. To the extent a response is deemed necessary, the averments of these paragraphs are denied. WHEREFORE, Defendants, Guy Fry and Maxine Fry, demand judgment against Plaintiff together with costs assessed to Plaintiff COUNT II LORI AZAR v. GUY FRY and MAXINE FRY, individuallv and as husband and wife 20. Paragraph 20 is a paragraph of incorporation and no response is necessary. To the extent a response is deemed necessary, the averments ofthis paragraph are denied. 21. Denied. The averments ofthis paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 22.(a)-(f). Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.c.P. 1029(e). WHEREFORE, Defendants, Guy Fry and Maxine Fry, demand judgment against Plaintiff together with costs assessed to Plaintiff. COUNT III LORI AZAR v. THOMAS SEGER. tla T & T FENCING 23.-25. The averments ofthese paragraphs are directed to entities other than answering Defendants. To the extent a response is deemed necessary, the averments ofthese paragraphs are denied. WHEREFORE, Defendants, Guy Fry and Maxine Fry, demand judgment against Plaintiff together with costs assessed to Plaintiff. NEW MATTER 26. Defendants, Guy Fry and Maxine Fry's, responses to Paragraphs I through 25 of Plaintiff's Complaint are incorporated herein by reference as set forth in their entirety. 27. No act or omission on the part of Defendants, Guy Fry and Maxine Fry, their agents, employees or servants, caused the Plaintiff's injuries. 28. Defendants, Guy Fry and Maxine Fry, may not have owed any duty to this Plaintiff because any alleged hazard, denied as alleged by Plaintiff, was open and obvious. 29. Plaintiff failed to mitigate her injuries and/or damages. 30. Defendants, Guy Fry and Maxine Fry, plead a eredit for any medical expenses which may have been advanced to the Plaintiff. 31. The conduct of Plaintiff was the proximate cause of the injuries and damages alleged in Plaintiffs Complaint. 32. Plaintiff was negligent, careless and reckless as follows: (a) she failed to keep a proper lookout; (b) she failed to be alert and attentive; (c) she failed to avoid, or otherwise react to, an open and obvious condition; (d) she failed to use reasonable caution in walking, stepping or standing; and (e) she failed to watch where she was walking, stepping or standing. 33. Plaintiff may have been comparatively negligent. 34. Plaintiffs claims may be barred by the applicabl,e statute oflimitations. NEW MATTER CROSSCLAIMS PURSUANT TO Pa.R.C.p. 2252(d) AGAINST DEFENDANTS DAVID s. BEILER. t/a MILLCREEK FENCE & FARM SYSTEMS and THOMAS SEGER. t/a T & T FENCING 35. Defendants, Guy Fry and Maxine Fry, incorporate herein by reference the averments and denials contained in paragraphs 1 through and including 35 of this Answer, New Matter and Crossclaim. 36. Any liability on the part of Defendants, Guy Fry and Maxine Fry, which is specifically denied, was wholly secondary and passive in the liability of Defendants, David S. Beiler, tJa Millcreek Fence & Farm Systems and Thomas Seger, tfa T & T Fencing. 37. Ifit is determined that Plaintiff is entitled to recover any or all of the damages set forth in her Complaint, which is specifically denied, then D(,fendants, David S. Beiler, tJa Millcreek Fence & Farm Systems and Thomas Seger, t1a T & T Fencing, are solely or jointly liable to Plaintiff, or liable over to Defendants, Guy Fry :md Maxine Fry, for contribution, indemnification, or both. WHEREFORE, Defendants, Guy Fry and Maxine Fry, respectfully request your Honorab]e Court dismiss Plaintiffs Complaint and enter judgment in favor of the Defendants, Guy Fry and Maxine Fry, with costs assessed to Plaintiff. In the alternative, if it is determined that Plaintiff is entitled to recover, then Defendants, Guy Fry and Maxine Fry, demand judgment be entered either solely or jointly against Defendants, David S. Beiler, tfa Millcreek Fence & Farm Systems and Thomas Seger, t1a T & T Fencing. In the alternative, if it is determined Plaintiff is entitled to recover against Defendants, Guy Fry and Maxine Fry, which is specifically denied, then Defendant respectfully requests your Honorab]e Court to enter Judgment against Defendants, David S. Bei]er, t1a Millcreek Fence & Farm SYStf'ffiS and Thomas Seger, t1a T & T Fencing, for joint and severa] liability, contribution, indemnification or both. Respectfully submitted 301506.1 c J. h rp, E Attorney J.D. 305 N. Front Street P.O. Box 999 Harrisburg, P A ] 7] 08-0999 (717) 237-7]53 AFER, L LP VERIFICATION I verify that the facts set forth in the foregoing Answer, New Matter and Crossclaims are true and correct to the best of my information, knowledge and belief I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. S4904, relating to uns'vvorn falsification to authorities. ~~ /'7 1 fp/ Guy Fry DATED: VERIFICATION I verify that the facts set forth in the foregoing Answer, New Matter and Crossclaims are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. ~~ Maxine Fry ~ DATED: CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 Thomas J. Williams, III, Esquire Martson, Deardorff, Williams & Ott 10 East High Street Carlisle, PA 17013 Thomas Seger T/A T&T Fencing Route I MiIlerstown, P A 17062 By: 17108-0999 DATE: tF%t (") (' '" C-;:J C;) ~ o -n ..... III fll,;:::-..; , -nr.1 C:J9 C.~(I.) , =Tl ?-:; f-"ll ,- c:: I' -v r''' r'-) en SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AZAR LORI VS BEILER DAVID SET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SEGER THOMAS T/A T&T FENCING but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 30th , 2004 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 6.00 9.00 10.00 27.50 .00 52.50 06/30/2004 SHOLLENBERGER S~~ R. Thomas Kline Sheriff of Cumberland County & JANUZZI Sworn and subscribed to before me this )'~ day Of~ dllJO'f A.D. n fL- Q 7vwfh J A.J~c' '--f'-<tprothonotary ,-r " In The Court of Common Pleas of Cumberland County, Pennsylvania Lori Azar VS. David S. Beiler et al SERVE: Thanas Seger t/a T&T Fencing No. 03-6369 civil Now, June 18. 2004 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r;.~~<~..(!' Sheriff of Cumberland County, PA Affidavit of Service Now, June 21, , 20~, at 12: 55 o'clock P M. served the within Complaint upon Thomas Seger at RR1 (Tuscarora Township) Millerstown, PA 17062 by handing to Tammy Seger, Defendants wife a True & Atteste.d copy of the original Complaint and made known to Her the contents thereof So answers, Donald E.Smith &~ t.. ^ ~.;t.. Deputy Sheriff of pe&~' Chief County, PA Sworn and subscribed before me this J.2"dday of .:::n.cne.- ,2021- -ma10~td-'i/~,--, ,1MIIlIMET f. ~ WI. ~AIlY PU8UC 1 8UJOIIfJaD BORO..1'EIlIlY COUIllY 1Il'~ EXI'llIQ FEB.l6, 2001 COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - REGULAR CASE NO: 2003-06369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AZAR LORI VS BEILER DAVID SET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT, was served upon FRY GUY the DEFENDANT , at 2025:00 HOURS, on the 28th day of June , 2004 at 508 S MARKET STREET MECHANICSBURG, PA 17055 by handing to MAXINE FRY, ADULT IN CHARGE a true and attested copy of NOTICE & COMPLAINT, together with INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.90 .00 10.00 .00 34.90 .~~,,/~~ . R. Thomas Kline Sworn and Subscribed to before 06/30/2004 SHOLLENBERGER & JANUZZI =o~ Deputy Sherlff B . me this f~ day of ~ Q).t7t!'f A.D. n<l/I Q nA~/~ /~ ~yFothono{~-;:y SHERIFF'S RETURN - REGULAR CASE NO: 2003-06369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AZAR LORI VS BEILER DAVID SET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT, was served upon FRY MAXINE the DEFENDANT , at 2025:00 HOURS, on the 28th day of June , 2004 at 508 S MARKET STREET MECHANICSBURG, PA 17055 by handing to MAXINE FRY a true and attested copy of NOTICE & COMPLAINT, together with INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~.,,~- R. Thomas Kline ",.~? <l",.,,~j,:,'~'&~""~ .' 06/30/2004 SHOLLENBERGER & JANUZZI Sworn and Subscribed to before By: ~~e~~l~ me this a:7 1'- day of y.py ;;l.oo 'f A. D. (l.(2~# ~othonotary . F: \FlLES\DA T AFlLE\DonegaJ3050\Current\252_rep I!ajt Created: 115/042cI9PM Revised: 7/20/04 3:29PM 3050.252 LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06369 - 2003 CIVIL ACTION - LAW DAVID S. BEILER, GUY FRY, MAXINE FRY and THOMAS SEGER, Defendants JURY TRIAL DEMANDED DEFENDANT DAVID S. BEILER'S REPLY TO NEW MATTER AND CROSSCLAlM OF DEFENDANTS GUY FRY AND MAXINE FRY 26. Defendant Beiler hereby incorporates by reference his Answer at paragraphs I through 25 along with New Matter as if set forth in their entirety. 27. Denied. The Crossclaim by Defendant Beiler set forth in his Answer with New Matter is incorporated herein by reference. 28. A conclusion oflaw is averred to which no reply is necessary. Ifreply is necessary, said averment is denied pursuant to Rule 1029( e) of the Pennsylvania Rules of Civil Procedure. Proof thereof is demanded. 29-34. Admitted. 35-37. Conclusions oflaw are averred to which no reply is necessary. If reply is necessary, said averments are denied pursuant to Rule 1029(e) ofthe Pemlsylvania Rules of Civil Procedure. Proof thereof is demanded. WHEREFORE, Defendant Beiler demands Judgment in his favor against Plaintiff and Defendants Guy Fry, Maxine Fry and Thomas Seger. MARTSON DEARDORFF WILLIAMS & OTTO By Ii) (J kl?), I ~ ~'dorff,'ESq I.D. No. 17837 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Beiler Dated: July 20, 2004 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Defendant David S. Beiler's Reply to New Matter and Crossclaim of Defendant Fry was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road Harrisburg, PA 17110 Michele J. Thorp, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Mr. Thomas Seger T&TFencingRoute I Millerstown, P A 17062 MARTSON DEARDORFF WILLIAMS & OTTO By ~~;c1~ ~la Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 20, 2004 '< c> c 1_--' , "" C~ = .r' '- c- r'::'::: ,,<) CJ o -.-, ::;:1 rll:Q r-- -om /J? ~~~Cl y--I", ~-:1 ~~~ ~ -;~ C> Oi -"", ~i SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6369 DAVID S. BEILER T/A MILLCREEK FENCE AND FARM SYSTEMS, GUY CIVIL ACTION - LAW FRY, MAXINE FRY and THOMAS SEGER JURY TRIAL DEMANDED TIA T&T FENCING, Defendant AND NOW comes the Plaintiff, LORI AZAR, by and through HER attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers New Matter and Cross Claims of Defendant Guy and Maxine Fry as follows: 26-34. The allegations set forth in Paragraphs 26-34 of New Matter of Defendants Guy and Maxine, are conclusions of law which require no responsive pleading. To the extent an answer is deemed necessary, the averments of these paragraphs are denied. CROSS CLAIMS PURSUANT TO Pa.R.C.P 2252 (d) 35-37. The allegations set forth in Paragraphs 35<17 of the New Matter and Cross Claims of Defendants Guy Fry and Maxine Fry, are directed to a party other than Plaintiff and therefore require no response. To the extent that a response is deemed necessary, the averments of these paragraphs are denied. WHEREFORE, Plaintiff, LORI AZAR, respectfully requests your Honorable Court strike New Matter of Defendants Guy Fry and Maxine fry, and enter judgment in Plaintiffs favor. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Karl J. nuzzi, Esq. Attorney J.D. #65575 Date: July 19, 2004 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6369 DAVID S. BEILER TIA MILLCREEK FENCE AND FARM SYSTEMS, GUY CIVIL ACTION - LAW FRY, MAXINE FRY and THOMAS SEGER JURY TRIAL DEMANDED TIA T&T FENCING, Defendant Certificate of Service AND NOW this 19th day of July, 2004 I hereby certify that I have served the following Answer to Defendant's New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michelle Thorp, Esq. Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Thomas J. Williams, Esq. Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Mr. Thomas Seger T& T Fencing Route 1 Millerstown, PA 17062 Respectfully submitted, By: Dated: July 19, 2004 r' ;- :..:; ,~ '" ~.:'.:.) (':"~ ...- c_ r- /"".: '" o -"r :-:! -.1_-, r'l +_J r-'- ;BEJ ':'~() T-?& :--;1'-1 ~:} -.1-1 -< ::-u .~. <.n .1:- THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire \.D. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, P A 17108 (717) 237-7153 Attorneys for Defendants Guy Fry and Maxine Fry LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-6369 v. DAVID S. BEILER T/AMlLLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE - TO THE PROTHONOTARY: Please withdraw the appearance of Michele J. Thorp, Esquire, as attorney for Defendants, Guy Fry and Maxine Fry, in the above-captioned matter. Date: 9/1 jot ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas S. Brumbaugh, Esquire, as attorney for Defendants, Guy Fry and Maxine Fry, in the above-captioned matter. THOMAS, THOMAS & HAFER, LLP Date: "1)7 Ie> 'f ~-;e." Thomas S. Brumbau l.D. No. 89037 0 ...., c = 0 => . .&- -f'1 r+l )"'.-- C/) :r! ;? , ,..,', ;~ -0 h111 ~~j;-; r- I -Vm ~C co :"'7 I..~)C -''; J- ." '.. -0 ~~ ,.:.c C -".. -' (-_:: ~.:: ~) ::;J :.:.-i ~" p , co :T~ - CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 Thomas J. Williams, III, Esquire Martson, Deardorff, Williams & Ott 10 East High Street carlisle, P A 17013 Thomas Seger T/A T&T Fencing Route 1 Millerstown, P A 17062 T By: ic le J. h rp, Attorney LD. 1117 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7153 DATE: 9/1/0 t ci3r: ;?: ~}:: , "'-:::" ~(; ~ ( ,. ~ -< o f:: "" (;~ <::::;J ..c- Vl rq -'0 1 CD " ::s: ~) " -..... :I:;n ITl,.. -U!'Tl -'JC' ()l' :;J_~ ~s9, ?~ ~y .r.:'" OJ" SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID S. BEILER, GUY FRY, MAXINE FRY and THOMAS SEGER, Defendant NO. 06369-2003 I CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this ~tf\ day of November, 2004 I hereby certify that I have served the following Answer to Defendant, David S. Beiler's Request for Production of Documents on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Daniel K. Deardorff, Esq. Martson, Deardorrf Ten E. High Street Carlisle, PA 17013 Michele J. Thorp, Esq. Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Mr. Thomas Seger T& T Fencing Route 1 Millerstown, PA 17062 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: K rl J :.Januzzi, Esq. Attor ey 1.0. #65575 Dated: November Y,2004 n r-' C C"'_'":'.> ,J c:,~ c::.? -1'1 1'- ...".. ..-~ (~:; ::1::," ~ flIp"' -n rn ":.1 (:'.1 0 ! I \~~. '. -,1 ; (-., ri'l ~- -" r;"': 4:~'1 1') -<, (i'1 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06369-2003 DAVID S. BEILER, GUY FRY, MAXINE FRY and THOMAS SEGER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this ~-rh day of November, 2004 I hereby certify that I have served the following Answer to Defendant, David S. Beiler's Interrogatories on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Daniel K. Deardorff, Esq. Martson, Deardorrf Ten E. High Street Carlisle, PA 17013 Michele J. Thorp, Esq. Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Mr. Thomas Seger T& T Fencing Route 1 Millerstown, PA 17062 Respectfully submitted, SHOLLENBE G R & JANUZZI, LLP By: Karl J. anuzzi, Esq. Attorney I.D. #65575 Dated: November r , 2004 c) r....:> 0 c::.> ~,~ l,..,.::.l .-1'1 .,J..- -" --p .~ """",.~ i:i fP. ~-i , ,:.:."') ... , ...;.;:: " .. rn C' " C> I '" C.) ..- , , " -rJ -'''1 ....... C') .-IT'. (" r'..) ) ~. -7 .j "-'-. 1') =2. 0"\ SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff LORI AZAR, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06369-2003 DAVID S. BEILER, t/a MILLCREEK FENCE & FARM SYSTEMS; GUY FRY CIVIL ACTION - LAW and MAXINE FRY, individually and as JURY TRIAL DEMANDED husband and wife, and THOMAS SEGER, t/a T & T FENCING, Defendants . 1;'A:< ';INI"",t~F<'" i;,C"," ',__ c Jj\'lLJ~,~1E ;, H " c,~;"f<<4<f"<f~>"',,, ;;f"",o TO THE PROTHONOTARY: Please be advised that the address of the undersigned counsel has changed to the following: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (717) 728-3200 FAX: (717) 728-3400 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: tt4b' Karl J. Jan i, Esq. I.D. # 65575 Date: November 24, 2004 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff LORI AZAR, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06369-2003 DAVID S. BEILER, tla MILLCREEK FENCE & FARM SYSTEMS; GUY FRY CIVIL ACTION - LAW and MAXINE FRY, individually and as JURY TRIAL DEMANDED husband and wife, and THOMAS SEGER, tla T & T FENCING, Defendants AND NOW this 24th day of November, 2004 I hereby certify that I have served the Praecipe for Change of Address of Counsel for Plaintiff to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Daniel Deardorff, Esq. Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Thomas S. Brumbaugh, Esq. 305 N. Front Street Harrisburg, PA 17101 Mr. Thomas Seger T & T Fencing Route 1 Millerstown, PA 17062 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: \~~ Karl J. Januzzl, Esq. Attorney I.D. #65575 Dated: November 24,2004 .. r) ,....,;) ('" c:..";) 0 ~~";; c.::;) ,J;.- -n ~'[:~n , -- :t ." ~....,- 0 .1-. ~. ,. <..: Illf" " ,-, .i f',' \)m I..D "')e' (.1., r ~~:'I ( ) ,~. . -" ;r: :'fj ,- ........,~ , -..... ""? (C) (:-? :'- rrl '- ) ...i =,., C) ~:"'"~~ -< .n t",:, .< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AZAR Vs. . ' NO. 20036369 DAVID G BEILER, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2:t As a prerequisite to service of a subpoena{s) for documents and things pursuant to Rule 4009.22 DANIEL K DEARDORFF, ESI;2UIRE certifies that: 1. A Notice of Intent to Serve the Subpoena{s) with a copy of the subpoena{s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena (s) is sought to be serv4~d, 2. A copy of the Notice of Intent, including the proposed subpoena{s) is attached to this certificate, 3. No objection to the subpoena{s) has been received, and 4. The subpoena{s) which will be served is identical to the subpoena{s) which is attached to the Notice of Intent to Serve the Subpoena{s) . Date: 12/17/04 DANIEL K DBARDORFF, ESQUIRE 10 E HIGH ST ~~ CARLISLE, PA 17013 717-243-33-H ATTORNEY FOR DEFENDANT INQOIRIES ~~BOOLD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 File #: M316683 By: Patti Ilartin IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AZAR Vs. DAVID G BEILER, ET AL No. 20036369 TO: KARL JANUZZI, ESQ (PLAINTIFF) MICHELE THORP THOMAS SEGER/T&T Fl~NCING NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You haVE! twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 11/24/04 DANIEL K DE~ORFF, ESQUIRE 10 E HIGH ST CARLISLE, FA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Patti Martin Enc(s): Copy of subpoena(s) Counsel return card File #: M316683 <nM)NNF.ALTH OF PENNSYLVANIA CXXJNlY OF aJMBEmAND AZAR VS. Fi le No. 20036369 DAVID G BEILER, ET AL SUBPOENA TO PR<:lOl.CE DOCU1ENTS l:)R lH I NGS FOR 0 I SCX>VERY PURSUANT TO RULE 4009.22 DR JANE CONROY, C/O WASHINGTON HTS MED, 50 N 12TH ST TO: r.F.MOYNE PA 17043 (Nane of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following document~ or things: SEE ATTACHEI>AI)DEN})U1\{ at MEDICAL LBGAL RBPRODOCTIONS(AJMCess1940 DJ:SSTON ST., PBILA., PA You may deliver or mail legible copies of the ~nts or produce things requested h, this subpoena, together with the certificate of COTPliance, to the party making thi:: request at the address 1 i sted above. You have the right to seek in advance the rea sonab 1 E cost of pre9aring the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving thin !.ubpoena may seek a court orde;' cx:fll)e 11 ing you to call'ly with it. TH I S SUBPOENA WAS NAt-'E : ADDRESS: ISSUED AT THE REQUEST OF THE FOLLON1NG PERSON: DANIF.L K DEARDORFF, ESQ 10 E IIIGH DT CARLISLE, PA 17013 215-335-3212 TELF.PI-ONE : SUPREt-E ~T 10 # ATTORNEY FOR: DEFENDANT BY ?Z.c CXUlT: ~L~ . .. Prothonc)tary/C 1 ark, '.1 D1V 1 S lon '- 4"'4 "- f!-77t..-'lJ2.-%! Deputy M316683-01 DATE: D~~ I 20d::/.. Sea 1 of th~ Court (Eff. 1/97) ADDENDUM TO SUBPOENA AZAR Vs. No. 20Cl36369 DAVID G BEILER, ET AL CUSTODIAN OF RECORDS FOR: DR JANE CONROY ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, COF~ESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX C~S AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREA~~ENT RENDERED TO: NAME: LORI AZAR ADDRESS: 4309 HIIILSDALE RD HARRISBURG PA DATE OF BIRTH: 04/03/64 SSAN: 176503529 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE AITACHED HERETO: I hereby certi.fy as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for DR JANE CONROY CUMBERLAND M316683-01 *** SIGN AND RETURN THIS P)\.GE *** ~ OF PmNSYI,VANIA <XXJNl'Y OF aJMBmLAND .AZAR Vs. Fi le No:). 20036369 DAVID G BEILER, ET AL SUBPOENA 10 PROClt..k:E ocx::u-ENTS ()R TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR JOSEPH STYNCULA, 3690 VARTAN WAY, HARRISBURG PA 17110 (Nane of Person or Entity) Within twenty (20) days after service of this subpoenel, you are ordered by the court to produce the following docunent!=; or things: SEE ATTACHED AEtDENDUM at MEDICAL LEGAL REPRODUCTlONS(AJM<ess1940 Dl:SSTON ST., PHlLA., PA You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the cert;ficate of canpliance, to the party making thi~ request at the address 1 isted above. You have the right to seek in advance the reasonab 1€ cost of pre!)aring the copies or producing the things sought. I f you fai 1 to produce the docunents or things requilred by this subpoena within tlrlenty (20) days after its serv~ce, the party serving thi::; ~jubpoena may seek a court orde.' c.:aTl>e 11 ing you to carp 1y with it. TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLaY I NG PI~RSON: NAt"E : Dl\.NTF.T, K DEARDORFF, ESQ ADDRESS: 10 E HIGH 3':' TELEPHONE: SUPREJwE ~T 10 # ATTORNEY FOR: CARLISLE, PA 17013 215-335-3212 DEFENDANT M316683-02 DATE'.JJ.cC } /, '). 6df Sea 1 of t e Court (Eff. 1/97) ADDENDUM TO SUBPOENA AZAR Vs. No. 20036369 DAVID G BEILER, ET AL CUSTODIAN OF RECORDS FOR: DR JOSEPH STYNCULA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, COEffiESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX (~S AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREA'I'MENT RENDERED TO: NAME: LORI AZAR ADDRESS: 4309 HILLSDALE RD HARRISBURG PA DATE OF BIRTH: 04/03/64 . SSAN: 176503529 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS A VAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for DR JOSEPH STYNCULA CUMBERLAND M316683-02 *** SIGN AND RETURN THIS Pj~GE *** cnMJNWEALTH OF PENNSYLVANIA COONrY OF <nmmLMI> AZAR VS. Fi le Nb. 20036369 DAVID G BEILER, ET AL SUBPOENA TO PR<X:ll.O: ooa..tENTS 'DR TH I NGS FOR 0 I SCOVERY ~SUANT TO RULE 4009.22 MICHAEL KOSIK, ESQ, C/O ANGIO & ROVNER, 4503 N FRONT ST TO: HARJHSBtJRG FA 17110 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'; or things: , SEE ATTACHED AUDENDUM at MEDICAL LEGAL REPRODUCTIONS(ADLess1940 DJCSSTON ST., PHILA., PA You may del iver or mai 1 legible copies of the docunents or produce things requested h~ this subpoer)a, together with the certificate of carpliance, to the party making thi~ request at tt)e address 1 isted above. You have the right. to seek in advance the reasonablE cost of preparing the copies or producing the things sought. I f you fa; 1 to produce the docunents or things required by this subpoena within twenty (20) days. after its serv~ce, the party serving 'thin ~)ubpoena may seek a court orde;' carpe 1 ling you to COl1> ly with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLLON I NG PERSON: ~: DANIEL K DEARDORFF, ESQ ADDRESS: 10 E HIGH G'l' CARLISLE, FA 17013 215-335-3212 TELF.Pt-ONE : SUPREl'E OOJRT 10 # ATTORNEY FOR: DEFENDANT =--71::t.- ' Prothonc)tary /e 1 erR, ~/l~,~_P . M316683-03 DATE: -=:D € C " I J ;). '-"0'-/ Sea 1 of th Court (Eff. 1/97) ADDENDUM TO SUBPOENA AZAR Vs. No. 20036369 DAVID G BEILER, ET AL CUSTODIAN OF RECORDS FOR: MICHAEL KOSIK, ESQ ANY AND ALL LEGAL RECORDS PERTAINING TO LORI D l\ZAR. PERTAINING TO: NAME: LORI AZAR ADDRESS: 4309 HILLSDALE RD HARRISBURG PA DATE OF BIRTH: 04/03/64 SSAN: 176503529 CER'rU'IKD PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE ,AND RETURN [ ] RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS ha~~ been destroyed Date Authorized signature for MICHAEL KOSIK, ESQ CUMBERLAND M316683-03 *** SIGN AND RETURN THIS PA.GE *** 0 ""'J .r::; "'==> 0 c:..-:,) -;- .~. ...e- II r-r; ; c:, :.,-j . -' rr, ;:; l-~-- ('J ,n? r- c;.'; -. <:.) -n fT] .., C) ::1'/? ~.~: c.5r .:::... -- f __) ft: --~ :T':::rl -,,".. ',-2() - C5'"fl - .ot.'::w :~~.~-! -. , Q -c ~JJ Co) " LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6369 CIVIL ACTION .. LAW v. DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUiBPOENA PURSUANT TO RULE 4009.2:2 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A Notice of Intent to service of subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about May 31, 2005, to serve subpoenas upon Holy Spirit Hospital, Tristan Associates, and Dr. Jane Conroy. (2) A true and correct copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this certificate. (3) The 20-day period for filing and serving objectioml to the subpoenas has expired without any objections being made. (4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent to serve subpoenas. Respectfully submitte,d, Date: {,I ~/(J.5 THOMAS, THOMAS & HAFER, LLP bY:~0' e: Thomas S. Brumbaug ,E 305 North Front Street PO Box 999 ... Harrisburg, PA 17108-0999 (717) 255-7626 THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire I.D. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7153 . Attorneys for Defendants Guy Fry and Maxine Fry LORI AZAR, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6369 CIVIL ACTION - LAW DAVID S. BEILER T/A MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, : MAXINE FRY and THOMAS SEGER T/A T&T FENCING, Defendants TO: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 Defendants, Guy Fry and Maxine Fry, intend to serve subpoenas upon Holy Spirit Hospital, Dr. Conroy and Tristan Associates, identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas will be served. THOMAS, THOMAS & HAFER LLP Date: May 31, 2005 c..~-~ THOMAS S.I~UM:ErAU(jH Attorney for Dsfendants By: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6369 LORI AZAR. v. DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Holy Spirit Hospital {Name of Person or Entity) Within twenty (20) days after selVice of this subpoena, you are ordered by the court to produCl.~ the following documents or things: Copies of the following x-ray films for Lori Azar, DOB: 4/3/64, SSN: 176-50-3529; 2/26/02 C-spine x-ray, 2/26/02 pelvi x-ray, 2/26/02 rib x-ray, 2/26/02 x-ray of bilateral knees. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 99i~, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of lJ1e documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena, 'Nithin t'oNenty (20) day.'i after its service, the party serving this subpoena may seek a court order compelling you to comply with il THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. ThorP, Esouire ADDRESS 305 N. Front Street. POB 999 Harrisbura, PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT ID No: 71117 ATTORNEY FOR: Defendant Prothonotary/Clerk. Civil Division Deputy Seal 01 the Court DATE: LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6369 v. DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Tristan Associates, 4518 Union Deposit Rd., Harrisburg, PA 17111 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to ProdUCE! the follOlNing documents or things: Copies of the following radiology films for Lori Azar, DOB: 4/3/64, SSN: 176-50-3529: 4/20102 lower extremity MRI; 10/16/02'cervical spine MRi. at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the rit~ht to seek. in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena, within twenty (20) days: after its SBNice. the party serving this subpoena may seek a court order compelling you to comply w;th It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Michele J. Thoro. Esouire ADDRESS 305 N. Front Street. POB 999 Harrisburo. PA 17108 TELEPHONE: (7171237-7152 SUPREME COURT \0 No: 71117 ATTORNEY FOR: Defendant Prothonotal)'/Clerk, Civil Division Deputy Seal of the Court DATE: Plaintiff IN THE COUf'lT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6369 LORI AZAR, v. DAVID S. BEILER TIA MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER TIA T&T FENCING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Dr. Jane Conroy, 50 N. 12th Street, Ground Levei, lemoyne, PA 17043 (Name of Person ()f Entity) Within twenty (20) days after"seNice of this subpoena, you are ordered by the court to produce the follovving documents orthlngs; Copies of any and all medical records, reports, treatment notes, diagnostic studies, correspondence, etc. for treatment rendered to Lori Azar DOB: 4/3/64, SSN: 176-50-3529 from December 2004 to the present. at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance. to the party making this request at the address listed. above. You have the light to seek, In advance. the reasonable cost of preparing the capies or producing the things sought If you fail to pl'Oduce the documents or things required by this subpoena, within Wenty (20) days after its service, U1e party serving this subpoena may seek a court order compeUing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: Michele J. Thoro. Esauire ADDRESS 305 N. Front Street. POB 999 HarrisburQ, PA 17108 TELEPHONE: (717) 237-7152 SUPREME COURT 10 No: ill1l A TIORNEY FOR: Defendant Prothonotary/Clerk. Civil Division Deputy Seal of the Court DATE: AND NOW, thj~ day of May, 2005 I, Renee K. Hostetter, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 Daniel Deardorff, Esquire Martson, Deardorff, Williams & Ott 10 East High Street Carlisle, PA 17013 Thomas Seger T/A T&T Fencing. Route 1 Millerstown, PA 17062 Date /\) , lW Jfie K. ostetter, Paralegal CERTIFICATE OF SERVICE I, RENEE K. HOSTETTER, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 Daniel Deardorff, Esquire Martson, Deardorff, Williams & Ott 10 East High Street Carlisle, PA 17013 Thomas Seger T/A T&T Fencing Route 1 Millerstown, PA 17062 THOMAS, THOMAS & HAFER, LLP Date: . ./ (Q~O) '~~ARALEGAL ,...., i:s <:Jl '- c-; -- o -n .-t :r:--r, P'p::;;:c -rlen ~~~ -'{' '.' f') ..,.. l:.)~~ , )' ::~-\ ;'0 ;< ..0 F: IFILE$IDA T AFILE\Donegal3050lCurrent12521msj !Iajt Created: 9120104 0:06PM Revised: 6127/05 430PM 3050.252 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Attorneys for Defendant David S. Beiler tla Millcreek Fence & Farm Systems LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06369 - 2003 CNIL ACTION - LAW DAVID S. BEILER tla MILL CREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER tla T & T FENCING, Defendants JURY TRIAL DEMANDED DEFENDANT BEILER'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO RULE 1035 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE 1. The moving party is Defendant David S. Beiler, tla Mill Creek Fence & Farm Systems. 2. The responding parties are Plaintiff Lori Azar, Defendants Guy Fry and Maxine Fry and Defendant Thomas Seger tla T & T Fencing. 3. The pleadings are closed in this case. 4. Depositions of all parties have been taken in this <:ase. 5. This case has not been listed for trial and this Motion will not umeasonably delay trial. 6. Plaintiff has alleged in her Complaint that on February 24, 2002, she was injured when she tripped over a thin wire that had been extended across the sidewalk by workers who were installing a fence on the property of Defendants Guy and Maxine Fry. 7. In the Answer of Defendant Beiler, it was stated in paragraph 28 that "Defendant Beiler was not involved in extending said wire and was not even on the premises performing any work. To the contrary, Defendant Beiler had subcontracted the construction at the premises owned by Defendant Fry to Defendant Thomas Seger tla T & T Fencing." 8. Defendant Seger did not file an Answer to the Complaint or file a Reply to the New Matter of Defendant Beiler set forth above. 9. The deposition of David S. Beiler was taken on Jlmuary 25,2005. In his deposition at page 11, Defendant Beiler testified that he has used Defendant Thomas Seger as a subcontractor to install fencing since 1999. Page 11 from the deposition of Defendant Beiler is attached hereto as Exhibit "A." 10. On May 23,2005, the deposition of Defendant Thomas L. Seger was taken. At pages 45 through 52 and page 69, Defendant Seger admitted that he did subcontracting work for Defendant Beiler tla Mill Creek Fence & Farm Systems. He admitted that he received no training from Mill Creek and simply received papers with regard to jobs to perform. Mill Creek provided the building materials for the fencing job and a drawing as to the location for the fence. Seger admitted that he did the fencing job and used a string to assist in the construction at the property of Defendant Fry where Plaintiff was injured. Seger testified that he considered himself a subcontractor; he worked on his own and was not under any supervision by Mill Creek; he used his own judgment and did not need any training, instruction, or supervision from Mill Creek; he had about ten years of experience in fencing; he was paid by the job; no taxes were deducted; he received no fringe benefits; he set his own schedule; and he further agreed that the work he performed was not of a risky nature. He also testified that no similar accidents had ever happened on any of his jobs like this before. The above testimony of Defendant Thomas Seger is attached hereto as Exhibit "B." 11. Defendant Beiler avers that there are no genuine issues as to the following material facts: Defendant Beiler did not do the fencing work where Plaintiff was injured; Defendant Beiler had subcontracted this job to Defendant Seger; Defendant Seger performed the job as an independent contractor; the job performed did not involve any special danger or peculiar risk; and Defendant Beiler did not exercise any control over the work done by the independent contractor, Defendant . Seger. 12. Defendant Beiler submits that he is entitled to Summary Judgment in his favor as a matter oflaw based on Restatement (2d) of Torts 9409, Hader v. Cop1av Cement ComDanv. 410 Pa. 139,189 A.2d 271 (1963); Ortiz v. Ra-el Development Com., 365 Pa. Superior Court 48, 528 A.2d 1355 (1986) and Byrd v. Merwin, 456 Pa. 516, 317 A.2d 280 (1974). WHEREFORE, Defendant Beiler respectfully moves that Summary Judgment be entered in his favor. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO By Qtl k. Daniel K. Deardorff, Esquire 1. D. Number 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: June 28, 2005 Attorneys for Ddendant David S. Beiler tla Millcreek Fence & Farm Systems 11 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 Q. Do you have employees that do fencing as part of their job? A. Right. Q. How many of your employees do fencing as part of their job? A. Two. Q. From 2001 until the current, until the present, have you used the same subcontractors? A. We added and deleted one and added. Tucker changed rules, which is, Thomas Seger changed rules, and we added one. Q. How long have you been using Thomas Seger as a subcontractor? A. Since we've owned QFS, 1999. Q. How did you end up using Thomas Seger as a subcontractor? A. He was employed there when we bought QFS. Q. And who did you buy QFS from? A. Quality Fencing and Supply. Q. SO Thomas Seger was working as a subcontractor for Quality Fencing and Supply when you bought the business? A. Yes. Q. And how many contracts do you -- or how often do you use Thomas Seger as a subcontractor? EXHIBIT "A" PAGE 45 SHEET 12 1 Q. Nou, then, uhen YOU uent off on your oun as I&T 2 Fenclng -- or strike th.at, Going back to Snyder and Miller 3 Builders, YOU worked for then for 13 years. Old YOU 4 specialize In anything, In anyone thing, or did YOU just 5 do all kinds of carpentry? 6 A. We did everything. 7 Q. Is that !,fl1.ere you plCked. UP the fencing trade? 8 A. Correct. That's how I actuallY net Cook. We 9 used to get our front porch railings and stuff through QFS. 18 Q. SO that's how YOU net hln? 11 A. Ves. 12 Q. And eventually YOU cleclc1ed to gO out on your 13 own? 14 A. Correct. I h\t "yearning potential with Glenn. 15 They uere snaIl. They only had three guys, "8 and tuo 16 other fellous. 17 Q. Okay. So YOU thought YOU had a better fUture 18 branch I ng out on your own? 19 ~. I t!\OUght. 2B Q. Now, T&T Fencing, what's the T&T for? 21 A. He and Tan. 22 Q. Okay. Toft and TaJVIY? 23 ~. Right. 24 Q. And then on your o..rn dolng theSe Jobs for QFS, 25 of course, YOU got paid per Job, right? PAGE 46 1 A. COrrect. 2 Q. And at the end of the year theY'd give you a W-9 3 for, or, excuse ne, a 1899 for the paYftBnts they l'leae to 4 you? 5 A. Corract. 6 Q. Old YOU fill out Yhat's called a W-9 to get a 7 tax m nUl'lber, or dtd yoU Just use your SOCial Security 8 mJPlber? 9 A. I think I Just used l'Iy social security nUl'lber. 18 Q. And by that Una when you started !,forking for 11 QFS -- and this uas years before I1lllcreek took over, 12 correct 1 13 A. Correct. 14 Q. When YOU starting uorklng for QFS, at that point 15 yoU did have skill In putting UP these fences and decks, 16 correct? 17 ~. Correct, yeah. 18 Q. So no one at QFS at that point had to take YOU 19 under their ulng Dr train YOU In ho~ to do this stuff? 28 A. No. I ~as already faMiliar ~Ith the product. 21 Q. Nov, did yOU have your oun tools that YOU used 22 \.lhen you ~orked as your OVR bOss 1 23 A. Yes. Z4 Q. Md YOU had your oun truck, correct? 25 A. Yes. PAGE 4,7 45 47 1 Q. And yOU used your oun truck to get the 2 l'Iater'l als1 3 A. Yes. 4 Q. Old yoU also purChase the string line? 5 A. Yes. 6 Q. And then you talked about the bad side of that 1 becaml8 YOU'd have the expenses on the truck and those 8 thlng~~? 9 A. COrrect. 19 Q. Nou. uere your hours pretty l".UCh based on Uhat 11 YOU ua~ted to do; theY'd give you Jobs but uhen YOU shoued 12 up foT" the Jab, that uas UP to you? 13 A. Yes. Right. If I uanted to horse ulth the Job 14 for three days, that uas "y fault. If I uant to gO out and 15 put 48 feet In In a day, that's hou I nad8 ~y MOney. 16 Q. But If you uanted to uork, like, 19-hour or 17 12.-hOur days, that vas up to you? 18 A. That uas up to l'Ie, correct. 19 Q. And If yOU uanted to, let's say, Just uork In 2B the MOrning and do SOMthlng else In the afternoon. that 21 uas uP to YOU too? 22 ~. Yes. 23 I~. And 1"1'1 sure at certain tll'leS of the year. like 24 hunt\M season and things like that, yOU prObably uouIdn't 2S take JI)bs? PAS/! 4S 48 48 1 ii. Right. You'd take a day here or there to go 2 hunt I n~r or ~hatever. 3 (I.. Nau, 1\0 one -- 'oIhen YOU vera verklng for QFS as 4 TiT Fer~lng, QfS never sent anyone there to superVise yOU, S did thEtY? S )1. No, no. Like I say, only I f there uas a problea 7 Dr sOrllE!thlng. We folloYed up ulth a satisfaction call. B Q!. And that vould be after your Job \s atme and 9 they did a follou-up Ylth the honemmer and the hofteouner 10 said. ~ell, this lsn't rlsht or that Isn't right and theY'd 11 have to go back? 12 A. Correct. Right. 13 Q. NOli, so basically YOU llorked alone on these 14 Jobs? 15 J.. Yes. 16 Q. So"etll'les YOU took your nepheu or sOl'leone else? 17 18 A. Right. 19 Q. And YOU lIould pay that person prObaDly, I guess, 2" SOM cMh Just to h.elp you out? 21 A. Right. rjght. 22 Q. So uhen yoU were on these Jobs for QFS, no one 23 uas actually telling YOU uhat to do or hou to do It. Is 24 that basically right? 25 A. Correct. EXHIBIT "B" PAGE 49 SHEET 13 1 Q. Old YOU ever turn doun Jobs because you had 2 sonethlng else going on? 3 A. No. 4 Q. And. nou, ulth QFS, obviouslY they paid yOU 5 through the 1099's. thOse cash P8Yl'1ents, but they 1'lade no 6 deduct Ions for taxes, correct? 7 A. No. B Q. And YOU got no ePlPloyee benefl t$ frOM. QFS, 9 correct? 1l!J A. No. 11 Q. And YOU got no paid vacation. correct? 12 1\. No. 13 Q. And YOU had no health Insurance. Are all those 14 things correct? 15 A. COrrect. 16 Q. And yOU had no tine card to punch In uhen YOU 11 ",ere \IOrkl n9 or -.;hen YOU \lera lew! 09, correct? 18 A. COrrect. 19 Q. And YOU never got any W-2 frO" QFS? 2B A. No. 2! Q. Now. your situation nou \lIth Mlllcreek uhere 22 vou're the lnstaLLatlon coordlnator, ts tl\at dlfferent toan 23 fron your situation uhere YOU uere the Independent 24 contractor? 25 A. Yes. PAGE 50 1 Q. OkaY. SO nou they do deduct taxes. correct? 2 A. Just health Insurance. 3 Q. OkaY. AAd do yOU get anY paid vacation \lork.\ng 4 for QFS nou? 5 A. No. PM. salarY. 6 Q. But YOU do -- 7 A. I do take a ueek, but I still get paid. 8 Q. oh. I see. So YOU get pald -- 9 A. Right. I"n Just salary straight across the 10 board. 11 Q. Okay. Is there sa Much tine that you're allowed 12 to take far vacation or holidays? 13 A. Dave uarks ulth ne on that. 14 Q. And nou YOU have to shou up to, uhat, QfS to do 15 your jOb? 16 A. Yes. I have a space In the office. 17 Q. SO uhen YOU uere uorklng for Hiller, Snyder 18 Hiller, YOU had one kind of arrangenent uhere YOU uere, In 19 your aun "Ind. \Jorklng for then as an eMPloyee, correct? 2l!J A. Deftnlte1.y. I yent to Glenn'S at 7:00 in the 21 MOrning and left the Job at 4:3l!J. 22 Q. Then uhan yau uent out on your oyn as T&T 23 Fencing. yOU had a different arrangeMent uhere you uere 24 your oun boss In contracting these Jobs for OFS, correct? 2S A. Yes. PAGE Sl 49 Sl 1 Q. And nou that you're back to Hillcreek. you're 2 back to basically SO nany hours uorklng a regular day and 3 gett Ins paid per salary. correct, not by the job? 4 A. Rlgnt. 5 Q. Nou, uhen this accident happened In February of 6 2002. uas It clear In your I'Ilnd that yoU uere uorklng as an 7 Indeplmdent contractor as your oun boss and not as an B enplo!lee for Hlllcreek or QFS1 9 A. BasicallY, yes. 10 Q. Nov, YOU had uorked for gPS before It uas part 11 of HIJ.lcreek. correct? 12 A. Yes. 13 Q. I think you said that vas for. like, t~ree or 14 four ~rears? 15 ~. Yes. I'ft not sure of "hat or hou long anything 16 of thelt took place. 17 Q. And then It becane -- QFS becane a division of 18 Hlllcr~ek. correct? 19 A. Yes. 2l!J Q. And do you renel'lber 8P-proxtnately \Shan that 21 happened? 22 ,.. Jlpproxtl'latelY four years ago. 23 Q. I think there"s been sane testlnony that It uas 24 around 1999. Does that sound abOut right? 2S A. That could be, Yes. That's approxll'late. Like I PAGE 5f.! 50 52 1 say, I can"t ansuer C1atee on tl\at. 2 Q. And uhen HllLcreek purchased QFS, you Just 3 cant tnued under the sane arrangenent YOU had I n the years 4 befOre? S S 7 a 9 ,~. Correct. 1l!J IJ. So I guess all In all UP to the tine of the 11 accident. uhlch uas 2B02. YOU had, uhat. at least ten years 12 of e~~rlence In the fencing business? 13 A. Pretty close, l:I&ah. \f you take Snyder Miller's 14 t I fIB u:l th -- yeah. 15 Q. Okay. Did -- and I think YOU said YOU did fteet 18 Mrs. FI'y, but yOU don't rePK!J'\DBr neetlng Hr. Fry? 17 i\. I don't reMPr Meeting hln. 18 (1. Did you IdentifY yourself as In anY special uay? 19 }\. ProbablY Tucker ulth QFS, Is usuallY hou I did 20 it. ll'lean, that's a basic. 21 U. Uhat's Tucker? 22 I~. That's MY naMe. 23 'I. Oh. your nlcknane? 24 I\. That's I1hat I gO by Is TUcker, and that's hoU I 2.5 usuall~l introduce rlyself on tne jon. ~. Correct. Il. Nothing uas ever done In urlt\ng to Say .~. No. sir. Il. -- anything dt fferent. correct? PAGE 69 SHEET 18 1 2 3 4 S 6 7 8 9 11 11 12 13 14 IS 16 17 18 19 2lI 21 22 23 24 2S uas both of you, right? A. I believe so, yes. Q. Nou, then, uhen YOU bought the housing unit to put on the land, did yOU Just buy It, or did you and your gt fe buy (t, or hou did that uark? A. No. I think that.s In bOth our n~s too. Q. Okay. In all your experience putting In fencing, I guess for abOut ten years or so, has anything like this ever happenecl before uhere soneone tripped and fell and got hurt? A. No, sir. Q. Based on that. did YOU vleu your activity In doing this fencing uork, as you did as 1&1 Fencing, did yoU vleu that activity as a dangerous type of actiVity? A. I"ft not understanding. Q. Well. let's say If you"re In an activity uhere people get hurt fl'Ol'l t1M to t1ne, or, Uke, blast1ng, YoU're a blaster, or If, let's say, you're In an activity that's high risk like uorklng In, UP on the lBBth story of a skyscraper or sonethlns like that, uhat I'ft asking YOU, did YOU see your activity as one that's risky IIhere soneone nlsht get hurt the next day or l,lheth.er It I,l'as pretty -- A. No. I didn't think It lias that risky. MR. DEMIDORFP: Okay. that~s all 1 have. HR. JANUZZI: I have nothing fUrther. PAIlE 7" 1 2 3 4 S 6 7 8 9 11 11 12 13 14 IS 16 17 18 19 28 21 22 23 24 25 lrhe deposition concluded at 4:38 p.".) 69 71 PAGE 71 71 1 2 3 4 S 6 7 8 9 18 11 12 13 14 15 16 17 18 19 28 21 22 23 24 2S COMMONWEAlTH OF PENNSYLVANIA COUNTV OF CUMBERLAND SS. I, AMY R. FRIT2. R.P.R.. a Court Reporter-Notary Public authorized to adftlnlster oaths and take depositions In the trial of causes, and having an office in Carlisle, Pennsylvania, do hereby certifY that the foregoing Is tne testlnony of 'IKOHMi L. SEGER. I fUrther certify that before the taking of sa\d dePOS~tion the u\tness vas dulY suorn; that the questions and ansuers uere taken do,," stenotype by the said Reporter-NotarY, approved and agreed to, and after\.Jards reduc1i!ld to cOl'IPuter printout under the direct Ion of satd Reporter. I fUrther cert'fY that the proce813lngs and evl dellce are contal ned fUlly and accurately I n the notes taken by Me on the ulthln deposition, and that this copy Is a corl~ect transcript of the sane. In testll'lOny uhereof, I have hereunto Inscribed MY hand this 14th daY of June, 2ees. ~ Notary rynlc f CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Motion for Summary Judgment was sl:rved this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Thomas S. Brumbaugh, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Mr. Thomas Seger T&T Fencing Route I Millerstown, P A 17062 MARTSON DEARDORFF WILLIAMS & OTTO Byn...:C\. ~ ~ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: June 28, 2005 o F..,: ...., = >:;;;~) <;.1"10 r-" <::u ~-... lp en ,.." - SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17045 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff LORI AZAR, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06369-2003 DAVID S. BEILER, t1a MILLCREEK FENCE & FARM SYSTEMS; GUY FRY CIVIL ACTION - LAW and MAXINE FRY, individually and as JURY TRIAL DEMANDED husband and wife, and THOMAS SEGER, t1a T & T FENCING, Defendants AND NOW comes the Plaintiff, LORI AZAR, by and through her attomeys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers the Motion for Summary Judgment of Defendant David Beiler as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted in part and denied in part. It is specifically denied that Defendant Seger was not under any supervision by Defendant Beiler andlor Mill Creek Fence & Farm System. By way of further answer, Defendant Seger testified that Defendant Beiler would not send anyone to supervise unless there was a problem. (Seger Depo., p. 48). 11. Denied. It is denied that there are no genuine issues of material fact in this case. To the contrary, Plaintiff avers that there ar<e genuine issues of material fact, and that the facts set forth are sufficient to state a cause of action against Defendant Beiler. 12. Denied. It is denied that Defendant Beiler is entitled to a grant of Summary Judgment as a matter of law or that the case law cited in this paragraph fully sets forth the law relevant to this matter. WHEREFORE, Plaintiff, LORI AZAR, respectfully requests Your Honorable Court deny Defendant David S. Beiler's Motion for Summary Judgment. Respectfully submitted, SHOLLENBE,!GER & JANUZZI, LLP By ~Iif K rt J. anuzzi, Esquire Attorney for Plaintiff 2225 Millennium Way Enola, PA 17025 Date: July tl , 2005 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17045 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff LORI AZAR, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06369-2003 DAVID S. BEILER, t/a MILLCREEK FENCE & FARM SYSTEMS; GUY FRY CIVIL ACTION - LAW and MAXINE FRY, individually and as JURY TRIAL DEMANDED husband and wife, and THOMAS SEGER, tla T & T FENCING, Defendants AND NOW this day of July, 2005 I hereby certify that I have served Plaintiffs Answer to Defendant's Motion for Summary Judgment to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Daniel K. Deardorff, Esq. Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Thomas S. Brumbaugh, Esq. Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Mr. Thomas Seger T & T Fencing Rt. 1 Millerstown, PA 17062 , c~ JANUZZI, LLP By: Esquire ~-, '2;; eJ' L-- r::"'; ", (,J'. n -'T1 _-r:- -.- c.) c) C;'. Thomas S. Brumbaugh, Esquire Attorney 1.0. No. PA 89037 THOMAS, THOMAS & HAFER, LLP 305 North F rant Street P. O. Box 999 Harrisburg, PA 17108 717 441-7060 LORI AZAR, Plaintiff Attorneys for Defendants, Gu F and Maxine F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID S. BEILER t/a MILL CREEK FENCE AND FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER t/a T & T FENCING, Defendants NO. 06369-2003 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS. GUY FRY AND MAXINE FRY'S REPLY TO DEFENDANT BEILER'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO RULE 1035 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. Defendants, Guy and Maxine Fry admit that Plaintiff alleges in her Complaint that on February 24, 2002, she was injured when she tripped over a thin wire extended across the sidewalk by workers who were installing a fence on the property of Defendants, Guy and Maxine Fry. However, Plaintiff also alleges that Defendant, Beiler, failed to supervise the persons performing the construction to ensure the premises was safe for persons using same; failed to comply with all applicable safety practices, regulations and/or codes; and failed to inspect the construction site for obvious or hidden hazards. 7. Admitted. 8. Admitted. 9. Admitted in part. Defendants, Guy and Maxine Fry, admit that Defendant, Beiler testified that he used Defendant, Seger, as a subcontractor to install fencing since 1999. However, Defendant, Beiler also testified that the sales rep, an employee of Mill Creek Fence and Farm, was the supervisor for the construction jobs that were done (Beiler deposition transcript at Page 15) and that Mill Creek Fence and Farm would provide all of the materials for the jobs (Beiler deposition transcript at page 25.) A complete copy of Defendant, Beiler's deposition transcript is attached hereto as Exhibit "A." Furthermore, on January 25, 2005, the deposition of Richard Hare was taken. A copy of the transcript of Mr. Hare's deposition is attached hereto as Exhibit "B." Mr. Hare testified that he is an employee of Millcreek Fence and Farms (Hare transcript at page 3) and was hired as a salesman (Hare transcript at page 4). Mr. Hare testified that Defendant, Seger made the decision as to who would install the fences for Millcreek Fence and Farms (Hare transcript at page 9). Mr. Hare testified that the sales representatives would typically inspect the jobs after the work was completed (Hare transcript at page 11). 10. Admitted in part. A complete copy of Defendant, Seger's deposition transcript is attached hereto as Exhibit "C." Defendants, Guy and Maxine Fry, admit that Defendant, Seger, testified that he considered himself to be a subcontractor. However, Defendant, Seger also testified that employees of Millcreek (QFS) would occasionally go 2 to the job sites with him. Defendant, Seger, also testified that Millcreek Fence and Farm Systems would select the materials that Defendant Seger was to use on each job. Defendant, Seger, testified that Defendant Millcreek Fence and Farm would select the materials and place them in a bin to be used by Defendant, Seger. 11. Denied. To the contrary, a genuine issue of material fact exists as to the extent of control that Defendant, Beiler tla Millcreek Fence and Farm Systems retained over Defendant, Seger. Furthermore, genuine issues of material fact exist as to Plaintiffs allegations that Defendant, Beiler, failed to supervise the persons performing the construction to ensure the premises was safe for persons using same; failed to comply with all applicable safety practices, regulations and/or codes; and failed to inspect the construction site for obvious or hidden hazards. 12. Denied. Restatement (2d) of Torts 9409 provides "[o]ne who entrusts work to an independent contractor, but who retains the control of any part of the work, is subject to liability for physical harm to others for whose safety the employer owes a duty to exercise reasonable care, which is caused by his failure to exercise his control with reasonable care." There is no dispute in the testimony of all witnesses to date, that Defendant, Beiler tla Millcreek Fence and Farm Systems would exercise control over the work that was performed by Defendant, Seger, as Defendant, Beiler tla Millcreek Fence and Farm Systems would select all of the materials to be used by Defendant, Seger, and would call each customer after Defendant, Seger completed the work to verify that the customer was satisfied withDefendant, Seger's performance of the work. By selecting all of the materials to be used by Defendant, Seger, and by calling each and every customer to verify that the customer was satisfied with all aspects of Defendant Seger's work, 3 Defendant, Beiler tla Millcreek Fence and Farm Systems was exercising control over Defendant Seger. Since Defendant, Beiler tla Millcreek Fence and Farm Systems exercised control over work done by Defendant, Seger, Defendant, Beiler tla Millcreek Fence and Farm Systems is subject to liability under Restatement (2d) of Torts !}409. Therefore, Defendant, Beiler Va Millcreek Fence and Farm Systems is not entitled to summary judgment as a matter of law. Furthermore, Defendant, Beiler is not entitled to summary judgment as a matter of law as genuine issues of material fact exist as to Plaintiffs allegations that Defendant, Beiler Defendant, Beiler, failed to supervise the persons performing the construction to ensure the premises was safe for persons using same; failed to comply with all applicable safety practices, regulations and/or codes; and failed to inspect the construction site for obvious or hidden hazards. WHEREFORE, Defendants, Guy and Maxine Fry respectfully request that this Honorable Court deny Defendant, Beiler tla Millcreek Fence and Farm Systems' Motion for Summary Judgment. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: July 25, 2005 Thomas S. Brumbau Attorney I.D. No.: P P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com 4 1 LORI AZAR, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 3 vs. CIVIL ACTION - LAW NO. 06369-2003 4 DAVID S. BEILER T/A MILL CREEK FENCE 5 & FARM SYSTEMS, Guy Fry, MAZINE FRY 6 and THOMAS SEGER T/A T&T FENCING, 7 Defendants. CO. P"..',"~ -;;~, 8 9 DEPOSITION OF: DAVID S. BEILER 10 TAKEN BY: Defendant 11 BEFORE: Tracy L. Lee, Court Reporter-Notary Public 12 DATE: January 25, 2005, 4:40 p.m. 13 PLACE: Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, Pennsylvania 14 15 16 APPEARANCES: 17 18 SHOLLEN, BERGER & JANUZZI BY: KARL JANUZZI, ESQUIRE FOR - PLAINTIFF 19 20 MARTSON, DEARDORFF, WILLIAMS & OTTO BY: DANIEL K. DEARDORFF, ESQUIRE FOR - DEFENDANT BEILER 21 22 THOMAS, THOMAS & HAFER BY: THOMAS S. BRUMBAUGH, ESQUIRE FOR - DEFENDANTS GUY AND MAXINE FRY 23 24 ~~ -".-""""""'- iC7i7i ./,,-- .' .. l;;.~c".~~ /~.. ,Ie ,jJ~~0tntral la , .' -~rt Reporting Services _ J;JOO-863-3657' 717-258-3657. 7I7-258-0383fax """-",;,,:::,:,0 courtreporters4u@aoLcom 25 2 1 2 DEPONENT 3 David S. Beiler 4 5 6 7 INDEX TO TESTIMONY EXAMINATION By Mr. Brumbaugh By Mr. Januzzi PAGE 3 21 8 9 10 11 NO. 12 1 13 2 14 15 16 17 18 19 20 21 22 23 24 25 INDEX TO EXHIBITS DESCRIPTION QFS Factory Outlet Proposal Two-page QFS Factory Outlet Memo PAGE 7 12 3 1 2 duly sworn, 3 4 5 them? 6 7 8 DAVID S. BEILER, after having been first was examined and testified as follows: MR. BRUMBAUGH: Usual stipulations on all of MR. DEARDORFF: Yes. MR. JANUZZI: That's fine. EXAMINATION 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. BRUMBAUGH: Q. Mr. Beiler, my name is Tom Brumbaugh. I represent Guy and Maxine Fry in a lawsuit that was filed against them by Lori Azar, and you've also been named as a defendant in that lawsuit. This involves an incident that occurred on February 24th, 2002. You have been asked here for a deposition today. Have you ever been through a deposition before? A. No, never been. Q. A deposition is essentially the lawyer's chance to sit down and ask you questions face to face about information that you may know that may be relevant to the lawsuit. And the court reporter has placed you under oath. So you are under oath during this questioning. There are some guidelines that we can try to follow to try to make her job a little bit easier. I 4 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 know you sat through a portion of Lori Azar's deposition today. The court reporter is taking down all of your testimony today, the questions that have been asked and your responses. Therefore, even though you may anticipate where I'm going with a question, if you can wait until I finish the question before you begin your answer, it will make the court reporter's job a lot easier. And, likewise, I will try to wait until you finish talking before I speak. It is also important that if I ask you a question and you can answer with a yes or no, that you actually answer verbally with a yes or no and not a nod of the head or a uh-huh. That way when we are reading the transcript we know what the answers were. Okay? A. Yep. Q. If by chance I ask you a question and you don't understand my question, please let me know and I'll rephrase it. And if I ask you a question and you don't remember the answer, just say you don't know. I don't want you to guess. I don't want you to guess in an answer. But if I ask you for, for instance, a time or a place and you can estimate, please feel free to estimate, but please let me know that you are estimating. I 5 1 understand we are under a little bit of a time 2 constraint here, so I'll try to be as brief as Could you please state your full name? David S. Beiler. What is your home address? 452 Mount Sidney Road, Lancaster, 17601. How long have you lived at the address? Since 1983. 3 possible. 4 A. 5 Q. 6 A. 7 Q. 8 A. 9 Q. 10 A. 11 Q. 12 A. 13 Q. 14 15 16 17 18 19 20 21 22 23 24 25 Are you married? Yes. Your wife's name? Sarah. What is your highest level of education that you received? A. Eighth grade. Q. And what school did you go to? A. Amish private school. Q. It has that name, Amish private school? A. Witmore Amish Private School. Q. Where is that located? A. It's actually in Lancaster, Mount Sidney Road in Lancaster. Q. What is your present occupation? A. Fencing. Q. Are you self-employed? 6 Yes. And what is the name of your business? Millcreek Fence and Farm Systems, LLC. What office position do you hold in that Is that a sole proprietorship? It's an LLC. Excuse me. That's right. you hold in that corporation? 1 A. 2 Q. 3 A. 4 Q. 5 business? 6 A. 7 Q. 8 9 10 11 12 What offices do A. I'm the owner, president, whatever you want to call it. Q. Are there any other officers other than yourself? 13 A. Just my son. 14 Q. His name? 15 A. Daniel. 16 Q. Same last name? 17 A. Yes. 18 Q. What offices does he hold? 19 A. He's just a partner, and it's really not an 20 21 22 23 24 25 office. Q. Other than yourself and your son are there any other partners? A. No. Q. In some of the documents that references QFS Factory Outlet -- 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. -- what is QFS Factory Outlet? A. That's a division of Millcreek Fence. Q. Are there any other divisions of Millcreek Fence? A. Millcreek Coal Company. MR. JANUZZI: Coal? THE DEPONENT: Coal. BY MR. BRUMBAUGH: Q. Any other divisions? A. No. Q. Do you operate both of the divisions of Millcreek Fence? A. Yes. Q. And how long has Millcreek Fence and Farm Systems been in existence? A. Since April of 1991. Q. How many employees do you have? A. Twenty-two. Q. Specifically with regard to the work that was done at Mr. and Mrs. Fry's residence-- MR. BRUMBAUGH: Let's have this marked. (Beiler Exhibit No.1 was marked.) BY MR. BRUMBAUGH: Q. I'm handing you a document which has been 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Do you recognize that document? marked as Beiler 1. A. Yes. Q. Could you tell me what it is? A. That's the contract that Richard Hare set up to sell the fence to Guy Fry. Q. And Richard Hare, is he an employee of Millcreek Fence? A. Yes. Q. How long has he worked for you? A. About five years. MR. DEARDORFF: Off the record. (A discussion was held off the record.) BY MR. BRUMBAUGH: Q. You had mentioned Richard Hare prepared this proposal for Guy Fry. Is that correct? A. Yes. Q. Did you have any involvement in this 18 proposal? 19 A. 20 Q. 21 A. 22 Q. 23 A. 24 Q. 25 today? No. Have you ever met Guy Fry? No. Today. Other than today? No. Have you ever spoken with him other than 9 1 A. No. 2 Q. Have you ever been out to his house? 3 A. No. 4 Q. How often do you use subcontractors for 5 doing your work? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A. On a daily basis. MR. DEARDORFF: I want to say before or after the accident? Or from today going backwards for the whole career? That's fair enough. We will MR. BRUMBAUGH: limit it to today. BY MR. BRUMBAUGH: Q. How often today do you use subcontractors? A. On a daily basis. Q. Have you always used subcontractors on a daily basis? A. Yes. Q. And specifically with regard to QFS Factory Outlet, have you consistently used subcontractors to do that work? 21 A. Yes. 22 Q. Do you only use subcontractors to do that 23 work, or do you do some of it yourself? 24 A. We do some of it ourselves. 25 Q. Approximately how many subcontractors are 10 1 you currently using to do fencing work? 2 A. To do fencing work is one. 3 MR. JANUZZI: I'm sorry. What was that? 4 THE DEPONENT: One. 5 BY MR. BRUMBAUGH: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Currently about how many other subcontractors are you using for other jobs other than fencing? A. Three. Q. And from 2001 to the current has that remained relatively the same, the number of subcontractors that you use? A. Pretty much the same. Q. Do you have or does QFS Factory Outlet have specific employees that are dedicated just to doing fencing? Or what type of work do they do? A. We have one that does fencing, and then some do decking and railing. MR. JANUZZI: These are employees that you are talking about? This is subcontractors. THE DEPONENT: BY MR. BRUMBAUGH: Q. Maybe I wasn't clear. How about employees? Do you have any employees that do specifically fencing? A. No. 11 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 Q. Do you have employees that do fencing as part of their job? A. Right. Q. How many of your employees do fencing as part of their job? A. Two. Q. From 2001 until the current, until the present, have you used the same subcontractors? A. We added and deleted one and added. Tucker changed rules, which is, Thomas Seger changed rules, and we added one. Q. How long have you been using Thomas Seger as a subcontractor? A. Since we've owned QFS, 1999. Q. How did you end up using Thomas Seger as a subcontractor? A. He was employed there when we bought QFS. Q. And who did you buy QFS from? A. Quality Fencing and Supply. Q. SO Thomas Seger was working as a subcontractor for Quality Fencing and Supply when you bought the business? A. Yes. Q. And how many contracts do you -- or how often do you use Thomas Seger as a subcontractor? 12 1 A. Daily. 2 Q. Now, you mentioned that you've changed the 3 type of work that Thomas Seger is doing? 4 A. Right. He is now employed in the office and 5 checking job sites. And we have an additional 6 7 8 9 10 11 contractor that does now the installing. longer installing. MR. JANUZZI: Now, you said he office and also does inspecting? He's no is in the THE DEPONENT: BY MR. BRUMBAUGH: Right. 12 Q. Is that as a result of this incident? 13 A. No. 14 Q. It's unrelated to this incident? 15 A. Unrelated. 16 Q. In 2001 and 2002, what sort of work did 17 18 19 20 21 22 23 24 25 Thomas Seger do for you? A. He installed fences. Q. Other than installing fences, did he do any other type of work for you? A. Decking in a great while. Q. What requirements do you have of your subcontractors that work for you? A. They are required to get a Certificate of Insurance, and we have a sheet that they need to abide 13 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 by. I don't have a copy of that with me. Q. How often do they need to provide a Certificate of Insurance to you? A. Annually. MR. BRUMBAUGH: Mark this, please. (Beiler Exhibit No.2 was marked.) BY MR. BRUMBAUGH: Q. I'm going to show you a document which has been marked as Beiler 2. Do you recognize this document? A. Yes. Q. What is this document? A. This is actually the subcontractors' guidelines. Q. Is this the document that you referred to before when you said the sheet that they must abide by? A. Right, yes. Q. Are these requirements the requirements that are currently in effect for your subcontractors? A. There have been some add-ons. Q. There's additional requirements other than what's listed here? A. There is additional requirements, and I couldn't tell you what they are without checking. Q. Do you know whether or not this is the list 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 of requirements that was in effect in 2002? A. Yes. Q. Is this it? A. This is, yep. Q. Do you know what additional requirements you've added? A. No. Q. When you receive a Certificate of Insurance from your subcontractors, do you do anything to verify those Certificates of Insurance? A. No. Q. Who assigns work to the subcontractors? A. Today it's Tucker, which is Thomas Seger. Tucker is a nickname. Q. Back in 2001, 2002, who assigned work to 16 your subcontractors? 17 A. Wally. 18 Q. What is his last name? 19 A. Ream, R-e-a-m. 20 Q. Is that N as in Nancy or M as in Mary? 21 A. M as in Mary. 22 Q. Do you know, was any specific criteria used 23 for assigning subcontractors or did it just depend upon 24 the type of work? 25 A. Depending on the type of work and the 15 1 2 3 timeframe, time schedule. Q. Back in 2001, 2002, how many subcontractors did you have that did fencing work? 4 A. Just one. 5 Q. That was Thomas Seger? 6 A. Yes. 7 Q. So any job that you had for doing fencing, 8 would it have gone to either one of your employees or 9 to Thomas Seger to do? 10 11 12 13 14 15 A. Yes. Q. Was there any criteria that you used for deciding whether or not you did it with employees or Thomas Seger? A. No. Q. Did you personally supervise the jobs that 16 were done? 17 A. No. 18 Q. Did you have an employee back in 2001, 2002 19 that would actually go out and supervise the work that 20 was done? 21 A. The sales rep that sold it is the 22 supervisor. 23 24 25 Q. The sales rep is actually the supervisor for the project? A. At that time. 16 1 Q. Did you have any requirements for your sales 2 reps as far as how often they had to go out to any 3 sales jobs? 4 A. No. 5 Q. Did the sales rep report to you on the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 status of or the progress of any of the jobs? A. No. Q. Did you have contracts with any of your subcontractors back in, let's say, right now. Do you have actual written contracts with your subcontractors? A. No. Q. Back in 2001, 2002, did you have any written contracts with your subcontractors? A. No. Q. Do you know approximately how many jobs you would give to Thomas Seger a year? A. No. Q. Would you be able to estimate that? A. Not really without checking. Q. Do you know how many employees Thomas Seger has working for him currently? A. Currently, none. Q. Back in 2001, 2002, do you know how many employees he had working for him? A. Yes, four. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Q. You mentioned he's working for you inside. Did the work that you'd give out or that you had for doing fencing work was that relatively constant throughout the year, or would it have more of a peak in the spring, summer, and fall? A. Peaked in the summer, yeah, spring, summer, and fall, pretty much constant. Q. But pretty constant? A. Yeah, pretty constant. Q. The work at the Fry's house that's indicated on the proposal, who did you say wrote the proposal? A. Richard Hare. Q. And he would have determined the specifications for the job? A. Yes. Q. Who would have been responsible for obtaining any building permits? The customer. Have you, yourself, ever constructed 18 A. 19 Q. 20 fencing? 21 A. 22 Q. Yes. Now, the fence that was -- are you familiar with the type of fence that was involved that was being installed at the Fry house? A. Yes. 23 24 25 18 1 Q. Can you describe that fence for me? 2 A. It's a concave picket fence. 3 Q. Do you know what material that is? 4 A. Vinyl. 5 Q. Have you installed, yourself, a concave 6 7 8 9 10 11 12 13 vinyl picket fence? A. Yes. Q. In this lawsuit there's a question regarding a wire that may have been strung across the sidewalk. I don't know if you are familiar with the facts of the lawsuit. But would you have any idea what that type of wire would have been used for that? A. I would say a masonry string would have been 14 used for a string line for the fence post to line up 15 the fence posts. It's not a wire. 16 Q. SO it's a masonry string? 17 A. That's right. 18 Q. Now, is that used to level the fence 19 20 21 22 23 24 25 horizontally or to keep it in a straight line? A. Keep it in a straight line. Q. Is it common to use masonry string to align the fence? A. Yes. Q. Is it a common practice to leave that string, masonry string, in place when you're not 19 1 actually working on the fence? 2 A. Yes. 3 Q. When do you typically put up that string? 4 A. When we start the job. 5 Q. When do you typically take it down? 6 A. When we're complete. 7 Q. Do you typically take any particular 8 precautions when the fence crosses a sidewalk or any 9 other type of walkway? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No. Q. The masonry string, is it typically one particular color? A. Usually yellow or orange. Q. If you were to have this masonry string across a sidewalk or other walkway, would you typically put up any other type of -- or any type of warnings or barricades or anything along those lines? A. Not usually. Q. When was the first time that you learned that the Plaintiff, Lori Azar, had faIleD on the Fry's property? A. A phone call from the office. Q. Do you know when that was? A. No. Q. Do you recall what they told you? 20 1 2 3 4 5 6 7 8 9 10 11 12 A. Just that there was a lady that tripped, and that's really all. Q. At any time did you observe -- I think you had previously said you have never been to the Fry's house. Is that correct? A. That 1 s correct. Q. That's going to eliminate a lot of questions. Have you ever spoken with Lori Azar about the details of this incident? A. No. Q. Have you spoken with Thomas Seger regarding the details of this incident? 13 A. Yes. 14 Q. What have you discussed with Thomas Seger 15 about this incident? 16 A. Just the type of string, you know, where 17 they had it, how long it was there. 18 19 20 21 22 23 24 25 Q. Do you recall when you first spoke with him about this? A. Soon after we had the phone call from the office. Q. Do you recall what type of string he told you he used? A. Masonry string. Q. What else did he tell you? 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That it was either yellow or orange is what he typically uses. And that was really it. Q. Have you had any other conversations with Thomas Seger about the incident itself or the lawsuit? A. No. Q. In your conversation that you had with Mr. Seger, did you talk to him about where he had the string placed? A. Yes. Q. And what did he say? A. Normally two to three inches off the ground. Q. Did you ask him whether or not it crossed the sidewalk? A. No. Q. Did you ask him whether he had any type of barricades or warnings? A. No. Q. Do you recall anything else from your conversations that you had with him? A. No. MR. BRUMBAUGH: think that's all I have. EXAMINATION I know you are in a rush. I BY MR. JANUZZI: Mr. Beiler, my name is Karl Januzzi. Q. I 22 1 represent Lori Azar. I have some follow-up questions. 2 I'll try not to keep you too long. You indicated that 3 Millcreek Fencing and Farm Systems is a limited 4 liability corporation, LLC. Was that the same 5 designation as of February 24th, 2002? 6 A. No. 7 Q. At that time what was the business entity? 8 A. It was a proprietorship. 9 Q. A sole proprietorship? 10 A. Right. 11 Q. When did it change to an LLC? 12 A. 2004 -- actually 2005, just this current 13 year, 2005. 14 Q. When you say it is a sole proprietorship, 15 were you the only owner of Millcreek Fencing and Farm 16 17 18 19 20 21 22 23 24 25 Systems as of February 24th of 2002? A. Yes. Q. Okay. And from the time that you -- did you start the Millcreek Fencing and Farm Systems, or did you purchase that business as well? A. Started it. Q. And from April of 1991 when you started this until just January 1st of 2005, through that period was it always a sole proprietorship? A. It started out as a partnership, and that 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 was dissolved two years after we started. Q. Okay. So from 1993 you had a partner, and that partnership dissolved. And you took over sole proprietorship of the business? A. Yes. Q. Who was the partner? A. Dan King and Chris King. Q. Okay. So it was three people. Have they had any involvement with the business since the partnership dissolved in 1993? In other words, have they been employees or subcontractors in the business at all since that time? A. No. Q. What type of entity was QFS Factory Outlet as of February 24th of 2002? 16 A. A division of Millcreek Fence. 17 Q. Okay. Was that a sole proprietorship as 18 well? 19 A. Yes. 20 Q. Has that remained a sole proprietorship? 21 A. That is still a division now. That's a 22 23 24 25 division of Millcreek Fence, LLC. Q. SO now it's under the umbrella of the corporation? A. Right.. 24 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 Q. How about Millcreek Coal Company, is that now under the umbrella of the corporation? A. No. That's separate. Q. Okay. Is that a sole proprietorship? A. No. Q. Okay. We'll call that Millcreek Company. A. Incorporated. Q. When was that business started? A. 1991. Q. When did it become incorporated? A. July of 1991. Q. Okay. Was that when it started as well? A. That's right. Q. The contract for the fence is listed as proposal. You have that in front you. What is the total amount of the contract, $3834.35? A. Yes. Q. Now, when you sub out this particular job, how much of that does the subcontractor -- how much would Thomas Seger get out of that? A. They get paid a footage price depending on the type of fence they install. Q. Okay. Would you have any idea from looking at this contract what Thomas Seger may have earned from that? 25 1 A. No. 2 Q. Let's just take generalities. Would it be 3 more or less than 50 percent of the contract price? 4 A. It would be less. 5 Q. But is it fair to say that QFS would provide 6 the materials for the job? 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A. Yes. Q. Okay. And the cost of the materials would be included in the $3,834.35? A. Yes. Q. What would Mr. Seger provide to the job other than his and his employees' labor? A. Cement. Q. He would provide the cement? A. Yes. Q. For the fence posts? A. Yes. Q. How about tools and equipment? A. Tools and equipment and cement. Okay. Q. Would QFS Factory Outlet provide 21 anything other than the actual fencing material itself? 22 A. No. 23 Q. Is that typical of all the jobs that Thomas 24 Seger did and the subcontractors? 25 A. Yes. 26 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 Q. Now, this particular job was sold by Thomas Hare. Do you have other -- let me ask this. As of February 24, 2002, how many other sales reps did you have? A. None in fencing. Q. SO Mr. Hare was the only sales rep for fencing? For residential. We had two other salesmen A. but not in residential fencing. Q. SO for commercial fencing you have two others? Right. I suppose I could ask Mr. Hare this. A. Q. But do you know how the contact was made with the Frys? A. No. Q. Would you have had any knowledge of this job whatsoever when it was being contracted or when it was being performed? A. No. Q. On the bottom of that there's an X and a signature. Do you know whose signature that might be? Do you see where I'm talking about? A. Uh-huh. I guess Mrs. Fry and Guy Fry. Q. Okay. All right. That's some kind of a middle name or something. And above that authorized 27 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 signature that's Richard Hare's signature? A. Yes. Q. I know you indicated there's really no specific criteria for a fencing job whether it be put to a sub or whether your own employees would do it. Is that correct? A. That's correct. Q. Is that what you indicated? A. That's correct. Q. Do you know how it was that this particular job was given to a sub rather than your own employees doing the job? A. The only time our employees did a job is if the sub can't keep up. Then we'll do a job, well, our employees from Lancaster. Q. SO in this particular case, if the Frys wanted the fence done at a certain period of time, and Thomas Seger was doing another job and couldn't do it, then you would have your own employees do it? A. That is correct. Q. And that was generally the situation when your employees would get involved? A. That's correct. Q. And you said that Mr. Seger, back in 2002, was the only sub that you had for fencing? 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A. Yes. Q. Was that both residential fencing and commercial fencing? A. Yes. Q. Would he be doing more than one job at a time typically? A. There would be times, yes. Q. Is it fair to say that most of the jobs that QFS Factory Outlet would do were performed by subs? A. Yes. Q. And that would be Thomas Seger in 2002? A. Yes. Okay. Do you know what that percentage Q. might be? A. No. Q. Okay. I think you did say once in a while 17 he would do some decking work? 18 A. Yes. 19 Q. But basically he was doing fencing work. Is 20 Mr. Seger a direct employee of yours at this time? 21 A. Yes. 22 Q. And he's not doing any fencing work as far 23 as the actual putting in the fencing? 24 25 A. Q. No, not more than service work. Okay. Do you know if in 2002 Thomas Seger 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 was working for other companies besides QFS Factory Outlet? A. Not that I'm aware of. Q. Would that have been okay with you if he was? I mean, did you have a requirement that he could only sub for your particular company. A. No. Q. You didn't have a written contract with him? A. No. Q. I wanted to ask you some questions about masonry string. Is it fair to say that that's a heavier string than typical household string? A. What are you calling typical household string? I don't know what you're saying with typical household string. Q. Well, let's say like a string I might wrap newspapers with. 18 A. It would be lighter. 19 Q. The masonry string would be lighter? 20 A. Yes. 21 Q. How is it put on to the posts or wherever 22 it's being put, just tied on? 23 24 25 A. Usually it's pinned to the ground. tie it on to the pins. You just Q. Okay. And you said that would generally be 30 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 yellow or orange? A. Yep. Q. And you indicated that this string would typically be left on the job from the time that it was put in place until the job was finished? A. Yes. Q. Okay. And even in a situation like we have here with fence for the Frys where Mr. Seger was leaving a job on a Friday night and not expected to return until Monday morning, would it be typical to leave that string up for the whole weekend? A. Most times they would take it down for the weekends. Q. Assuming for safety purposes? A. Right, probably. Q. Or it would not have happened? A. Yes. Q. You indicated that you learned of the incident from a phone call to your office. Do you know who made the phone call? A. I think it was Wally, Wally Ream, which was the manager of our office at QFS at that time. Q. Do you know how Wally found out about the incident? A. No. 31 1 Q. Do you have a general idea about how long 2 after the fall occurred? Was it a couple of weeks? A 3 couple of months? 4 A. A couple of days. 5 A couple of days. And you were just told Q. 6 that a lady had tripped. 7 A. Yeah. 8 Q. You didn't really get any more information? 9 A. No. 10 Q. Do you now have a policy with regard to 11 masonry string being left on jobs or being left up? 12 MR. DEARDORFF: And I would ask for some 13 clarification because he has employees doing this stuff 14 and he has subcontractors. 15 BY MR. JANUZZI: 16 Q. With either? I mean do you have any kind of 17 a policy? 18 A. Our employees are to take them down. We 19 don't control the subcontractors in that end of it. 20 Okay. Q. Back in 2002, did you have the same . 21 requirement with your employees that they were to take 22 the string down? 23 A. Yes. 24 Q. SO if this was a job that your employees 25 were doing, your employees would have taken that string 32 1 down? 2 A. 3 Q. Yes. Okay. And is that done on a nightly basis 4 when they leave the job? 5 A. Yes. 6 Q. Whether it's going to be for a weekend or 7 just until the next morning? 8 A. Yes. 9 Q. 11m trying to be quick. The address for 10 your business is 2407 Old Gettysburg Road in Camp Hill ? 11 12 A. Q. That's QFS, yes. What is the address for Millcreek Fence and 13 Farm System? 14 A. 2285 Old Philadelphia Pike. 15 Q. Lancaster? 16 A. Lancaster 17602. 17 Q. You said typically the only person that 18 would go out and inspect a job would be a sales rep? 19 20 21 22 23 24 25 A. Right. Q. Was it a requirement that a sales rep inspect a job while it was ongoing? A. After it was complete; not while it was ongoing. Q. How is a particular -- how was payment made for a particular job? Would you get a deposit before 33 the job was started? 1 2 3 4 5 6 7 8 9 A. Correct. We'd get a deposit and then the balance on completion. Q. Typically how much was the deposit? A. I'm not sure what we had in 2002. I think it was 20 percent. Today it's a little higher. But I think it was 20 percent. Q. Can you tell by looking at this contract what the deposit was? It was 30 percent. 30 percent. So it would have been over 10 A. 11 Q. 12 $1,000? 13 A. 14 $1,700. 15 Q. 16 have been According to this one, the deposit was Then the remainder $2,100-odd dollars would 17 A. Due when complete. 18 Q. Was that payment made after the sales rep 19 would go in and inspect the final job? 20 A. Either by phone call or inspection, yes. 21 Q. In this particular case, you said that the 22 Frys were responsible for getting the permit? 23 A. Yes. 24 25 Q. A. And that's typical of how you operate? Yes. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Q. Would your sales reps ever take on the obligation of getting the permit? A. Not normally, no. Q. Have there been times that they did, do you know? A. Not that I'm aware of. Q. Okay. Do you advertise your business, is that how you get it? A. Yes. Q. Do you know if the Frys were aware that a subcontractor would be performing the work? A. No, I don't know if they were aware or not. Q. Okay. Is that something that typically a customer would be told that either employees would be doing the job or a subcontractor would be doing the job? A. No. MR. JANUZZI: That's all I have, sir, Thank 18 19 you. 20 21 22 23 24 25 MR. DEARDORFF: Nothing else. MR. BRUMBAUGH: Nothing else. (The deposition concluded at 5:30 p.m.) 35 1 COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) 2 COUNTY OF CUMBERLAND 3 4 I, Tracy Louise Lee, a Court Reporter-Notary 5 Public, authorized to administer oaths and take 6 depositions in the trial of causes, and having an 7 office in Mechanicsburg, Pennsylvania, do hereby 8 certify that the foregoing is the testimony of 9 David S. Beiler. 10 I further certify that before the taking of 11 said deposition the witness was duly sworn; that the 12 questions and answers were taken down stenotype by the 13 said Reporter-Notary, approved and agreed to, and 14 afterwards reduced to computer printout under the 15 direction of said Reporter. 16 I further certify that the proceedings and 17 evidence are contained fully and accurately in the 18 notes taken by me on the within deposition, and that 19 this copy is a correct transcript of the same. 20 In testimony whereof, I have hereunto 21 inscribed my hand this 10th day of February, 2005. 22 23 COU"'ONWEALTH OF PENNSYLVANIA Notarial Seal ~1'wpL. Lee. No\lllY Public My "':-_' . )., Cumberland County ",",wIlSSIOll Expires Nov. 12, 2007 'l~k7~~~~e------------ courM~~-6rter-Notary Public 24 25 l LORI AZAR, PIa i n t iff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 3 vs. CIVIL ACTION - LAW NO. 06369-2003 4 DAVID S. BEILER T/A MILL CREEK FENCE 5 & FARM SYSTEMS, GUY FRY, MAZINE FRY 6 and THOMAS SEGER T/A T&T FENCING, 7 Defendants. '".:W.llIlI 8 9 DEPOSITION OF: RICHARD HARE 10 TAKEN BY: Plaintiff 11 BEFORE: Tracy L. Lee, Court Reporter-Notary Public 12 DATE: January 25,2005,5:30 p.m. 13 PLACE: Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, Pennsylvania 14 15 16 APPEARANCES: 17 18 SHOLLEN, BERGER & JANUZZI BY: KARL JANUZZI, ESQUIRE FOR - PLAINTIFF 19 20 MARTSON, DEARDORFF, WILLIAMS & OTTO BY: DANIEL K. DEARDORFF, ESQUIRE FOR - DEFENDANT BEILER 21 22 THOMAS, THOMAS & HAFER BY: THOMAS S. BRUMBAUGH, ESQUIRE FOR - DEFENDANTS GUY AND MAXINE FRY 23 24 25 ,",:'---:,:/:,>,,/o""'r?'hc:\ _ _~. _w'~'~-~-:-:,:::>-'-7~;;1:t~_~0_''4t__ ........j',<(c<~0.~~entral . &y:b:a11.1a .h'0~l.. :;;ii~i~~i~~~tirt Reporting Services .~....F/x"$i~~'IifOO-863-3657 . 717-258-3657. 717-258-0383fax -~:_~_~-" - courtreporters4u@aol.com 2 1 2 DEPONENT 3 Richard Hare 4 5 6 7 8 9 10 11 12 INDEX TO TESTIMONY EXAMINATION By Me Januzzi By Mr. Brumbaugh PAGE 3 17 13 INDEX TO EXHIBITS 14 NO. DESCRIPTION 15 (None.) 16 17 18 19 20 21 22 23 24 25 PAGE 3 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 RICHARD HARE, after having been first duly sworn, was examined and testified as follows: EXAMINATION BY MR. JANUZZI: Q. Would you please give us your full name, sir? A. Richard Kenneth Hare. Q. Mr. Hare, you were here for a couple of depositions that we had today, correct? A. Yes, sir. Q. And you have heard the guidelines as to the ground rules and how to handle a deposition, correct? A. Uh-huh. Q. You know all the parties by now, correct? A. Yes. Q. Okay. You said uh-huh to the second So you are going to have to give a yes or no question. answer. A. Yes. Q. Okay. You are an employee of QFS Factory Outlet or Millcreek Fence and Farms? A. Q. Both. Okay. Millcreek owns QFS. Back in 2002 were you an employee of both? 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 4 A. Yes. Q. When you receive a check -- do you get paid by check? A. Yes, sir. Q. What does it say on the check? A. Millcreek. Q. When were you hired by Millcreek? A. August 1999. Q. What position were you hired for at that time? A. Salesman. Q. And what specifically were you hired to sell? A. Vinyl fencing and railing. Q. Railing for what? A. Railing in front of homes, decks, that type of thing. Q. Porches? A. Porches, yes. Q. And is that the job that you've held from August of 1999 to the present? A. Yes, sir. Q. Typically how do you identify a potential customer? A. What do you mean? 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 5 Q. How is it that you would go out to someone's house to sell them fencing or railing? A. Potential customers call into the office and I go out on appointments. In this case, it was the same situation. I went out and gave them a quote, signed a contract, and that was it. Q. SO the Fry's would have called QFS Factory Outlet? A. Yes, for an appointment. Q. And you would have been given that lead? A. And we go out and give them an estimate. And if they're interested, they sign a contract. Q. Do you remember meeting the Fry's? A. Oh, certainly. Q. Were they looking for a specific type of fence? Or did they just want a fence and leave it up to you? Or how was that? A. They wanted a specific fence style to enclose their backyard. Q. Okay. Do you recall if there was an existing fence there that they wanted to replace? A. On the right side, I believe -- going back three years. I see about 500, 600 people a year. Her mother or his mother-in-law or something lived next to them. It was a dual division wood fence. And I think 6 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 we replaced that including their particular property Q. You said his mother, her mother. Do you mean the Fry's? One of the Fry's? A. Mr. and Mrs. Fry, yes. It was a double block that they lived. Is Q. that correct? A. I believe so. Q. And you're indicating that in the house next to them were some type of relatives, mother, mother-in-law lived in that? A. Yeah. Q. That half of that double block? A. Uh-huh. Q. Okay. Are you saying that QFS also did some fencing work on the right side of the double block? A. I didn't say that. Q. Okay. I'm sorry. That's where I was confused. What did you say? A. There was some consideration about dividing the two residences between the two of them. And we didn't I don't think we did that. Q. Okay. A. We're going back three years. Q. You mean in the backyard or something, putting a fence back there? 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. On the backyard in between the mother-in-law and -- Q. Okay. So this fence was just going to be as you're facing the house on the left side of the little gate? Facing the house, left side, backside. I A. think the right side, I think. I would have to look at the contract. Q. Okay. Have a look and tell us. A. No. I need a layout. That doesn't do anything for me. Q. Was there a layout prepared for this particular job? A. Certainly. On everyone there is. Q. I don't think we have been provided with that. So that would have -- when you say a layout, that would have showed -- A. On the right side it wouldn't matter. Q. I understand that. I'm just trying to get a fill for the job there. A. It's 24 feet. MR. DEARDORFF: exhibit or something? MR. JANUZZI: No. MR. DEARDORFF: Richard, remember don't Do you want him to have an 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Let him ask you questions. volunteer anything. BY MR. JANUZZI: Q. I don't need it. A. I'm trying to remember. Q. I understand. So you go out and you meet with the Fry's. They decide to purchase the fence from QFS Factory Outlet? A. Uh-huh. Q. Were they aware that a subcontractor was going to perform the work? A. Yes, sir. Q. Did they know who that subcontractor would be? A. Yes, sir. Q. Were they aware that this is a subcontractor that had continually done work for QFS Factory Outlet? A. By all means, yes, sir. Q. How long was that job to take? A. Pardon me? Q. How long was the job to take, by the way? A. Well, it all depends on how well it takes, two, three days. Q. The deposit, did they give that to you? A. Yes, sir. Q. A permit was required for the job? 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. From the homeowner, yes. Q. They were the ones that got it, the Frys were the ones that got the permit? A. Yeah, Mr. Fry. Q. You had no involvement in getting the permit? A. No. Q. And you typically don't have any involvement in getting permits? A. No. That's our policy. Q. Do you have any input into whether a subcontractor is going to do it or whether employees of QFS are going to install the fence? A. No. Q. Who makes that decision, do you know? A. Tom Seger, the contractor. Q. Okay. A. But 99 percent of the time it is a subcontractor. Q. And he would have been the only subcontractor? A. Yes, at that point, yes, sir. Q. So is it fair to say that Mr. Seger would be presented with a job, and unless he wasn't going to be able to do the job, he would do it. If there was some 10 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 problem with him being able to do the job, too much work, whatever, he would let QFS know that, and then employees of QFS would do the job? A. Yes. Q. Okay. Do you know how -- does this say when this contract was signed? November 6th of '01, is that what the date of the contract is? A. Well, bottom left hand. the proposal was 11/6/01, down at the I think it's 1/28/02. I'm not sure. Q. Okay. Then it was roughly about a month later, just short of a month later that the job was started? A. Well, that they signed the contract. 1/28/02. Q. Assuming it is 1/28/02, then it was roughly just short of a month later that the job was started? A. Yeah, four or five weeks. Q. Do you know how long Mr. Seger was at the job site? A. I can't answer that. Q. Do you know if he had just started the job on that Friday? A. I believe he did. I can't answer that. Q. Okay. is to be started? Are you told when a job that you sold Are you notified? 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 11 A. Yes, at that time, but not anymore. But, yes, at that time, yes. Q. And Mr. Beiler said that typically the sales reps would not inspect the work as it was ongoing but just inspect it when the job was completed? A. Yeah, that is correct. Q. Typically that's the way that you worked at that time in 2002? A. Yes, sir. Q. And that was the way that you were going to handle this particular job at the Frys as well? A. Yes. Q. SO you would have had no more involvement with this job until it was completed and you went out and inspected the final job? A. And gave them a call to see if they were satisfied before we send a bill. Q. For the final amount? A. Final contract. Q. Who would determine when the job would start? Would you have any involvement in that? A. No. Q. Okay. Would Thomas Seger contact a party like the Frys directly as to when the job would start? A. Yeah. What we do, we go out and plot the 12 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 property where the post line is going to be where the fence is going to go. And then we do a Dig One. Q. When you say we, you would do that? A. No, the company. When I say we, the company. Q. Would it be Thomas Seger? A. Yes. And then do a Dig One for all public utilities? Q. Do a Dig One for all public utilities? A. Yes. Q. To make sure you are not going to -- A. Hit gas lines, cable lines, that type of thing. Q. Were you there when this contract was signed? Was this contract signed in the Fry's home? A. Yes. Q. How many times had you gone out to the Fry's home with regard to this job, do you remember? A. Maybe once our twice. Q. Would you have gone out there November 6th as far as the proposal is concerned or sometime prior to November 6th? A. Most certainly. Q. And you would have gone back out there to have the contract signed? 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No. They mail it to us, the deposit and the So once. But I think I did swing by once contract. because it's in Mechanicsburg close to where I live. Q. Do you recall when you first learned of Ms. Azar's fall? A. Are you asking for a timeframe? Q. Yes. A. No, I don't remember. I heard about it. Q. How did you hear about it, do you remember? A. Ironically, the person that -- I will be honest with you. The mortgage company, the mortgage guy is the person that is on that property and sold my home here for me about year and a half ago. Q. Okay. I'm not following. The person A. The mortgage guy, Guy Fry Q. Oh, okay. A. -- he's my mortgage guy. That's where I heard about it. Q. You say he's your mortgage guy. He 1 s the one that sold you the mortgage for your house? A. For our home, yes. Q. And that's when you found out about it when you were purchasing your home and getting a mortgage from Guy Fry? A. Yes. He had mentioned it to me. 14 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 Q. Did you have any conversation with him about it? A. No. Q. Did you have any conversation with Thomas Seger regarding this incident? A. No. Q. Not at all? A. Not really. Q. When you say not really, any at all? A. Yeah, we discussed it and no consequence. Q. Do you recall what he said? A. Well, we, we as a company, put lines up. And we've always done it. This is the first time we have had an experience with somebody possibly getting hurt. Q. When you say you as a company leave lines up -- A. Pardon me? Q. You say you as a company leave lines up -- A. I'm saying our company, when we line out the property for fencing. Q. With the masonry string? A. Right. That's normal. Q. And you say you normally leave that up? A. Certainly. 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 15 Q. Even if it I S crossing the sidewalk? A. Well, certainly on the property. How do you put a fence up without that? Q. Well, I understand that. But you heard Mr. Beiler say that employees were also required to take the masonry string down at the end of the day? A. I didn't hear that. Q. But you're saying that employees are not required to take the masonry string down? A. No, because they're in the midst of a job. It could take one, two, three, four, five days. Q. How long did it take? Say these masonry strings that's between these two posts was taken down on Friday night when Thomas Seger left this job, how long would it take him to put that back up on Monday morning? A. I have no idea. I don't understand that question. You are saying Friday night to Monday? Why not Tuesday to Thursday? What's the difference? Q. Because in this particular case, he left the job on Friday night to return Monday morning. A. And he was probably going to come back on Saturday morning, which you don't know. Q. Well, he didn't. MR. DEARDORFF: Let's just have questions 16 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 and answers. Okay, Richard? MR. DEPONENT: I'm sorry. MR. DEARDORFF: This is a deposition. Remember my instructions just to answer the questions. THE DEPONENT: Yes, sir. I apologize. MR. DEARDORFF: And don't volunteer information unless you're asked for the information. Yes, sir. THE DEPONENT: BY MR. JANUZZI: Q. Well, this masonry string Ms. Azar fell over was just between the two vertical posts that were on either side of the walkway, correct, from your understanding? A. From my understanding, yes. Q. And the question that I was asking you was, if that masonry string had been taken down on Friday night, how long would it have taken to put that masonry string back up Monday morning when Mr. Seger returned to the job? A. I have no idea. Q. Okay. Do you know if it would take, like, a half an hour? More than a half an hour? A. I don't know. Q. No idea whatsoever? A. Uh-uh. 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 17 Q. You don't see any problem with leaving the string up overnight or for a weekend? A. Certainly, not. Q. Why not? A. The contract is signed at that location. That's how we set a fence, any company does. Q. Okay. You don't see it as a danger that someone may trip over that wire? A. No. Q. Do you recall any other incidents where someone may have tripped over a masonry string that was left up? A. No. Q. And you believe that there were never any other incidents while you were at QFS Fencing where someone tripped over a masonry wire? A. No. MR. JANUZZI: That's all I have. EXAMINATION Thank you. BY MR. BRUMBAUGH: Q. Mr. Hare, my name is Tom Brumbaugh. I represent Mr. and Mrs. Fry in this Litigation. I just have some follow-up questions for you. You mentioned that you are a salesman for QFS. Are you strictly involved in the sale of residential fences, or do you 18 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 also sell commercial fences? A. Residential, sometimes commercial. Q. Are you the only salesman that sells residential fences? A. At this time, yes. Q. How about back in 2002 and the end of 200l? A. Yes. Q. You were the only salesman? A. Yes. Q. Do you have a specific territory that you generally are seeing customers in? A. No. Q. I believe you had mentioned you see approximately 500 to 600 customers a year. Is that correct? A. Yes, sir. Q. Approximately out of these 500 to 600 customers that you see a year, do you write a proposal for everyone? A. Yes. Q. Do you have any idea what percentage of customers end up signing your contract that you end up doing business with? A. Yes. Q. What percentage would that be? 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. 50 percent. Q. Do you know whether or not you've done any other jobs before for Mr. and Mrs. Fry? A. No, I haven't done any, no. Q. Other than the one discussion that you had that you previously mentioned with Mr. Fry, have you had any other conversations with Mr. and Mrs. Fry regarding the incident or the lawsuit? A. No. Q. Earlier in your deposition you mentioned that the Fry's knew or any customer would know that you were using a subcontractor. Is that correct? A. That is correct. Q. How would they know? A. I tell them. Q. You tell all the customers that you would be using a subcontractor? A. By all means. Q. At the time that you write the proposal, do you know whether or not you are going to be using a subcontractor? A. Yes. Q. How do you know that? A. How do I know it? Q. Isn't there a time that you use your own 20 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 employees to do the work as well? A. Very rare. Q. You also mentioned that the customers are Is that correct? responsible for getting permits. A. That is correct. Q. Do you tell them that at the time you are writing the proposal? A. Yes. Q. Do you happen to know whether or not any permits were required for this type of work? A. Well, certainly. Q. They are. You had mentioned a layout. And then you also mentioned that you go out and plot the property. Is that the same thing as the layout? A. Yes, a drawing. Q. Do you do a drawing for every job? A. Yeah. A drawing, and we flag the property so we can call in a Dig One as far as underground utilities. Q. Is a Dig One similar to like Pennsylvania One Call? A. Yes, sir. It's a Dig PA One Call. Q. I thought so. I just wanted to make sure. Did you have any involvement in 1:he actual construction process other than writing the proposal? 21 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 have. done. A. Uh-uh. Q. Is that a no? A. No. MR. BRUMBAUGH: That's all the questions I MR. DEARDORFF: Nothing else. Thank you, Mr. Hare. (The deposition concluded at 6:00 p.m.) Okay. You're 22 1 COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) 2 COUNTY OF CUMBERLAND 3 4 I, Tracy Louise Lee, a Court Reporter-Notary 5 Public, authorized to administer oaths and take 6 depositions in the trial of causes, and having an 7 office in Mechanicsburg, Pennsylvania, do hereby 8 certify that the foregoing is the testimony of 9 Ri.chard Hare. 10 I further certify that before the taking of 11 said deposition the witness was duly sworn; that the 12 questions and answers were taken down stenotype by the 13 said Reporter-Notary, approved and agreed to, and 14 afterwards reduced to computer printout under the 15 direction of said Reporter. 16 I further certify that the proceedings and 17 evidence are contained fully and accurately in the 18 notes taken by me on the within deposition, and that 19 this copy is a correct transcript of the same. 20 In testimony whereof, I have hereunto 21 inscribed my hand this 10th day of February, 2005. 22 23 CO A"ONWEALTH OF PENNSYLVANIA 2 Notarial Seal Tracy L. Lee. NolllrY Public I ampton TWp., Cumberland County 2 M Commission Expires Nov. 12. 2007 '\ ,. /" r I ) ,/ / , 1~~i~~;~ Lee------------ Court- R~orter-Notary Public 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MINUSCRIPT 1 1 LORI AZAR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, 2 vs. NO. 2003-6369 3 DAVID S. BEILER T /A CIVIL ACTION - LAW 4 MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, 5 MAXINE FRY and THOMAS SEGER, T/A T&T FENCING,: 6 Defendants. : JURY TRIAL DEMANDED 7 8 9 t(Q)~1f DEPOSITION OF: TH~ L. SEGER TAKEN BY: Defendan-: Frys BEFORE: Amy R. Fritz, R.P.R. Notary Public DATE: May 23, 2005, 3:00 p.m. PLACE: Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, Pennsylvania APPEARANCES: SHOLLENBERGER & JANUZZI BY: KARL J. JANUZZI, ESQ'JIRE FOR - PLAINTIFF ,~....c<^"0'-"'" ~-~'"-"-:::);;.~n:s'S.}\ -----".~i'- (K~(.. '~,J"";i? ,_ ''''':-::-:''-~li~''''':) al;'vi; C-G. ,'," i ~t5f~;~entr - -Imsy:tvania / ---~---;r-,- {~~~? ,_ ! rt Reporting Services ,;;<'{12ji:;;;;il/oo-863-3657 . 717-258-3657 . 717-258-0383 fax -',- *-:~,~:::::_-" ./ courtreporters4u@ao!.com PAGE 1 SHEET 1 1 2 3 . 5 6 7 6 9 19 11 12 13 I. 15 16 17 18 19 2ll 21 22 23 2. 25 LORI AZAR, Plaintiff. IN IHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 29113-6369 CIVll. ACTION - LAW JURY TRIAL OEMANOEO THOMAS L. SEGER Defendant FryS AMy R. FrllZ. R.P,R. Notary Public Hav 23. 2885. 3:BB p.". thanes. Thoftas & Hafer, LLP 3B5 North Front Street Harrisburg, Pennsylvania APPEARANCES: SHOLLEN8ERGER & JANUZZI BY: KAlll. J. JANUZZL..,ESQUIRE FOR - PLAINT J.l'r vs. OAVID S. 8Ell.ER TIA Hn.LCREEK PENCE & FARlt SYSTEMS, GUY FRY. ItAXINE FRY aM THOMAS SEGER, TIA T&T FENCING. Defendants, OEPOSITION OF: TAKEN BY: 8EFORE, DATE: PLACE: PAGE 2 APPEARANCES IConl'dl HARTSON. DEARDORFF, Wll.LIAItS & OTTO 8Y: OANIEL K. DEARDORFF. ESQUIRE FOR - DEFENDAlI'l Hll.LCREEK THOMAS, THOMAS & HAFER LLP BY: THOMAS s. BRUMBAUGH. ESQUIRE FOR - DEFENDAlI'lS GUY and ItAXINE FRY 1 2 3 . 5 6 7 8 9 19 11 12 13 I. 15 16 17 18 19 2ll 21 22 23 2. 25 ALSO PRESENT: Lor i Azar 1 2 1 2 3 . 5 6 7 8 9 18 11 12 13 I. 15 16 17 18 19 28 21 22 23 2. 25 PAGE 3 3 1 2 3 . 5 6 7 8 9 18 11 12 13 I. 15 16 17 lB 19 28 21 22 23 24 25 INOEX TO TESTIMONY DEPONENT EXAMINATION PAGE Thonas L. Seger By Hr. BrUl'lbaugh 4,65 By Hr. Deardorff 42,68 By Hr. Januzzl 56 INDEX TO EXHIBITS DESCRIPTION QFS Factory. Outlet Proposal QFS Factory OUtlet gUidelines PAGE 23 48 NO. 1 2 PAGE 4 . ST IPULATION It is hereby stipUlated by and between the resl)ectlve parties that all objections except as to the fom of the question are reserved until the tll'le of trial. IHOKAS L. SEGER, called as a wi tness. being duly suor'n, was exaMined and testified as follows: EXAMINATION 8Y 11R. BRUMBAUGH: Q. Mr. Seger., !'IV nane Is ThOMas BrUl'lbaU9fI, and I represent the Frys In a la\.lsult that \.las filed against tnel'l and yourself, as \.lell as David Bei ler, by Lori Azar. This is in reference to an incident that occurred on March 5th, 20"i~. Noy, I understand YOU are not represented by counsel In this action? A. Correct. Q. Okay. You've been here, asked here today, or sen.t a not i ce for your depos j t i on. Have you ever been through a deposition before? A. No. Q. The deposition is the chance for the la\.lyers and the other parties in the action to ask YOU questions under oath, to sit dO\.ln like \.le're doing here face to face to ask CENTRAL PENNSYLVANIA COURT REPORUNG SERVICES PAGE 5 5HEET 2 1 yOU questions. 2 You have been placed under oath. ami your 3 testll'lOn9 today can be used at the trial In this natter. 4 Do YOU understand that? 5 A. Uh-hUh. S Q. Okay. And YOU ans\I'ered uh-huh. uhleh Is another 7 one of the instructions that I have to give to you. The 8 court reporter Is taking doun your test11'10n9. both the 9 questions that 1.16 ask you tOday and your anSlJers, and. U!I she'll be l'Ieking a booklet of the urltten testlnony. 11 Because of that. It's Il'Iportant that yoU do 12 ansuer questions -- for Instance. If the ansuer is a yes. 13 that YOU answer yes and not un-hUh because uhen you read 14 the transcript. you're not going to knou IIhat the ansuer 15 Is. Fair enough? 16 A. Okay, 17 Q. If I ask you a question or If any of the 18 attornevs ask YOU a question and YOU don't understand the 19 question, please let us kno\l that you don't understand the 20 question and ask us to rephrase It, 21 We're not here trying to trick YOU, We're Just 22 trying to find out uhat yOU knou and InforM.atlon that's 23 pertinent to the lausult, 24 A, Okay. 25 g. If I ask YOU a question, for instance, If It PAGE 8 1 Involves a date or a tine and YOU can est I !'late the tll'Ie or 2 the distance or sOl'lething along those lines, let us Rnou 3 that YOU're est I "at lng, but don't take a guess, If you 4 don't rener'lber sO!'lethlng, because this does gO back several 5 years, if you don't re!'lel'lber. Just let us know that YOU G don't rel'lef'lber, 7 A. All rl ght. 8 g, And If at any tlPle YOU need to taRe a break, let 9 us kno\l, I don't anticipate that ue're going to be here 11!! terribly long; but If you need to take a break for any 11 reason, p lease let us koo\!". 12 A. Okay, 13 Q, Are you taking any type of nedlcation today that 14 uould affect your ability to ansyer questions truthfUllY? 15 A, No, 1S Q. And In preparation for the deposition today. did 17 you revleU' any docUl'lents? 18 A, No. 19 g, Old YOU l'Ieet U'lth any people to revleu for the 21!! deposition or prepare for the deposition? 21 A, No. 22 Q, Did yoU happen to gO back to the scene or do 23 anything at all to prepare for the deposition? 24 A. No. 25 Q, OkaY, And just for the record, \lQuld YOU please state your fUll nane? A. ThOMas t, Seger, Q, Would you spell your A. s-e-g-e-r, Q. What Is your current A. 3988 Stonearch Road, 17082. Q. A. Q. A. Q. PAGE 7 5 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 address? A. Q. A. Q. A. Q. A. Q. A. Q. A. 7 last naMe, please? hOl'le address? I1I11ersto\ln. Pennsy Ivan I a, Stonearch. Is that one \lord? un-huh, That's a yes? Yes, That's very hard to do. And hO\l long have you been living at that 12 years, Who lives at that address \11th you? I1Y \life and 1'19 daughter. What Is your uife's nal'le? TaMMY, Hou long have YOU been Married? Oh. boy. That's a tough one. 13 years, And hou old Is your daughter? 22. PAIlE 8 8 8 1 Q. And her nal'le? 2 A, Katie. 3 Q. Do you have any other children? 4 A. No. S C. And uhat is your date of bIrth? 6 A. 111l/26/61. 7 Q. And your Social security nUl'lber? 8 A. 206 -52-5353 . 9 C, What is your highest level of education? 111l A, 9th grade, 11 g, And where was that. uhat school? 12 A. Pequea Valley. 13 Q, And are you currently el'lployed? 14 A. Yes. 15 Q. And uho do you U'ork for? 16 A. Hi llcreek Fence & Farl'l. 17 g, And uhat is your Job there? 18 A. I'" an Installation coordinator. 1S Q. And how long have YOU been enployed there? 211l A. I don't understand. Is that uith \larking for 21 therl. or hou long have I been with thel'l? 22 Q, Well, I understand you are an el'lployee nO\l of 23 I'IIll.creek? 24 A. Ves. 25 Q. HOIJ long have you been an enployee? PAGE 9 SHEET 3 1 A. About tu~ and a half l'IOnths. 2 Q. Noll', before you uere an Bru>loyee. YOU did york 3 for then as uell? 4 A. Yes. SQ. Okay. !dare yoU -- hall' uere YOU Bl'IP loyed back 6 prior to tuo and a half I'lonths ago? 7 A. Subcontractor. S MR. DEARDORFF: And I uould object to the forl'l 9 of the Question since if he uas a sUbcontractor, he vasn't 1l!l really 8l'1PIOyed. You knO\.l utlat I1'I8an? He \.l8Sn't an 11 eMPlOyee. 12 So I uould say. YOU knOll, hOu, uhat vas his 13 arrangenent or Ilhat uas his, uhat yas his situation vlth 14 I1I11creek as opposed to hOll uas he Bl'IPloYed. 15 1tR. BRUMBAUGH, Well, right. And I think the 1S objection Is More to his answer than tM Question. But, 17 yeah. I'll clarifY that. That's no prOblel'l. 18 BY 1tR. BRUMBAUGH, 19 Q. Noll', prior to becol'ling an eMPloyee of Mlllcreek 2m Fence 6. Farl'l, I understand YOU lIorked or did York for 21 l1i Hcreek Fence & FarM? 22 A. Yes. 23 Q. And YOU did that Ilork as a subcontractor? 24 A. Yes. 25 Q. ~ere yoU In business for yourself at that tll'le1 PAGE 1e 1 A. Yes. 2 Q. Were YOU Incorporated? 3 A. No. 4 Q. HOIl did YOU do business? Under Just your nal'le, 5 or did YOU have a cowany nal'l6? 6 A. I \.Jorked under ur Fencing. 7 Q. 1&r Fencing? B A. UrI-hU1'l. 9 Q. And that \.Jas a sole proprietorshiP? HI A. Yes. 11 Q. And ho\.l long did you do business under the nal'le 12 of 1&T Fencing? 13 A. Three years. 14 Q. Do you currently do \.lark under the mme 1&r 15 Fencing? 16 A. No. 17 Q. Old yOU stop once you becal'le an el'lPloyee of 18 11111creek Fence &. Farl'l? 19 A. Before that. 20 Q. ApproXll'IatelY IIhen did yOU stop? 21 A. ActuallY I stopped IIhen this actually happened. 22 Q. And by this, YOU l'Iean the Incident that Ilas -- 23 A. Correct. 24 Q. Did YOU do any t!lPe of uork at all. or Ilere YOU 25 enP10yed at all (rOI'l the tll'le that you stopped uorklng as PAGE 11 9 11 1 Tn Fencing and the tll'le that YOU beCaMe eMPloyed by 2 I1lllcreek Fence & Farl'l? 3 A. Yes. 4 Q. And uere yoU el'lployed by anybody? 5 A. Yes. S Q. And uho vere yoU eMPloyed by? 7 A. HIllcreek Fence & Farl'l. 8 Q. Okay. Perhaps I \.lasn't clear. Oh, did YOU do 9 uork for thel'l as a subcontractor. Just not under the naMe 10 of 1&T Fenc I ng? 11 A. Correat. 12 Q. Okay. You did uork Just under YOur oun naM? 13 A. Correct. 14 Q. Old anything change other than the n81'le under 15 Ilhlc:h you did business? Old your Ilork still stay the SMe? 16 A. Yes. 17 Q. Old YOU st III get paid the S8l'le uay at that 18 point? 19 A. Yes. 20 Q. When you uere uorklng for Mlllcreek Fence 6- FarM 21 undEir the n8Me of 1&r Fencing, hou did YOU end UP getting 22 uork frol'l Millcreek? Would you bid on It, or did YOU Just 23 uor~: constantly for thel'l? 24 A. I Just uorked straight for theM. 25 Q. Old YOU uork for anYbOdY else other than PAGE 12 1e 12 1 Hlll.creek Fence &. Far" at that til'le? 2 A. No. 3 Q. And hou Many hours a ueek did you vork far thel'l 4 on average? 5 A. That varied betueen sumer and ulnter. I reallY 6 havEl no uay to average It. 7 Q. Did you work a set schedule with thel'l during the 8 SUl'll'ler? 9 A. I had a certain aMount of york I had to get 10 dom!. They set the schedUle, and I Just had to get it 11 finished. 12 Q. Old YOU have to bid on JObS, or did they just 13 ass:,gn, Just line UP the uork for YOU to do? 14 A. Yes, they Just lined it up. It uas quoted and 15 est iMated by theM. 16 Q. Old YOU have any Input at all Into the york that 17 Ilas quoted? 18 A. No. 19 Q. Old you see the quotes that yere prepared at 20 all '1 21 A. OnlY uhen I 90t I'IY papertJork. 22 Q. And uhen tJould you get paperuork frOM MIllcreek? 23 A. Right before I started the Job. 24 Q. And tJhat type of papertJork uould you get? 25 A. Just a fact sheet ul th the contract ui th the PAGE 13 SHEET 4 1 people's naMe, address, uhat the Job required as far as 2 type of fencIng, ho\.! "any feet it I.Ias, color. that type of 3 stuff, a dralllng and a nap. direction of where it's at. 4 Q. And uould YOU get this right when you uare readY 5 to begin uarklng at that PlaCe? 6 A. Yes. 7 Q, At that residence or location, I should say. S A. Yes. S Q. Uas all the york that YOU did residential? le A. Yes. H Q. And hOll did goU get paid? Was It based uPon the 12 hour, the JOb. a percentage of the contract cost? 13 A. The Job. 190t paid by the Job. It uas a 14 footage rate. 15 Q. When they paid you, did they pay YOU by check? 16 A, Yes. 17 Q. Do yoU knou, dId they deduct anything fron gour 18 paycheck; any taxes. SOCIal Security? 19 A. No. 20 Q. They did not? 21 A. RIght. 22 Q. At the end of the year. did they give !IOU a 1099 23 forM.? 24 ~. Yes. 25 Q. Frol'l the tine for after this Incident occurred PAGE 14 1 until YOU actually becane an eMPloyee, did the procedures 2 and the \Jay that YOU uere paid and everything stay the sane 3 other than It being under your m1l'le? 4 A. Yes. 5 Q. Nou, I believe yOU had said that YOU uare S uorklng under the nare of nT FenCing for three years or 7 apprOXiMatelY three years? 8 A. APproxll'lately. 9 Q. Prior to that tl1'l8, did YOU do any uork for 10 Hlllcreek Fence & Farl'l as an el'lPloyee or sUbcontractor? 11 A. No, because Hlllcreek Just bought QFS at that 12 tine. 13 Q. Nov, during this period of tll'le that you \Jere 14 uorklng as Tn FenCing for Hlllcreek, \Jere YOU specifIcallY 15 \.larking for Hlllcreek or QFS, or do yoU knou? 18 A. That I don't knou. I don't knou hO\J It uas set t7 up. 18 Q. IJhen YOU got your IB99 forl'ls, do YOU recall 19 uhether or not It \Jas frOM QFS or Hi llcreek? ~ A. That cane frol'l Hlllcreek under Dave Beller. 21 Q. What uas the nana again? 22 A. Dave Beller. CaJ'lEl under Hillcreek. correct. 23 Q. And YOU neotloned approXll'latelY three years 24 prior to this Millcreek bought QFS? 25 A. Yeah. 1'1'1 not sure exactly uhen. It's ulthln PAGE 15 13 15 1 this tl1'l8 fral'le, last three or four years is uhen Dave 2 actuallY ounad QFS. 3 Q. And uho ouned QFS before that. I f yoU knou? 4 A. I don't knou uho he bought It frOM. 5 Q. Old YOU do any uork for either Dave Beller or S QFS prior to the tll'le that Hi llcreek bought QFS? 7 A. Yes. 8 Q. And uho did YOU uork fori QFS or Dave Beller. or 9 both? II1J A. QFS -- I'I'I not understanding. QFS uas ouned by 11 sOI'lE!bodY In Lancaster that Dave bought It frol'l. IJhen Dave 12 bOlJ!;fht It. I started uorklng for Hi llcreek. Who owned QFS 13 and who paId l'Ie, I don't -- our checks CaJ'l.e through as QFS 14 at t.hat tll'le. 15 Q. Perl18JJs I wasn't clear ulth MY question. Old IS you uork for QFS before It uas bought by t1111creek? 17 A. Yes. 18 Q. And YOU said back then you didn't knou who it 19 uas ouned by? 2e1 A. Yeah, I don't knou "ho owned it nal'le wise. 21 Q. Hou long had YOU been uorklng for aFS? 22 A. APproxll'lately four or five years before Dave 23 bOUEII1t It. 24 Q. Were YOU a subcontractor for theM, or uere YOU 25 an Ell'lplovee of QFS? PAGE 16 t4 16 1 A. A subcontractor also. 2 Q. Did YOur uork arrangel'lElnts and the uay that YOU 3 uerEi paid stay the sane uhen QFS \las sold to Hi llcreek or 4 DaVE! Seller? 5 A. Yes. S C. Was It everything stayed the sane, your entire 7 Job and everything? 8 A. Yes. 9 Q. Prior to the tl"e that Dave Beller bought or II1J Hlllcreek bought QFS, did YOU have a supervisor that yoU 11 repc,rted to at QFS? 12 A. Cook Hostetter uas branch l'Ianager. 13 Q. It uas Cook Hostetter? 14 A. Correct. 15 Q, And he \Jas the branch l'Ianager? 18 A. Yes. 17 Q. Did he renaln \Jlth QFS once It uas bought by 18 Hlllcreek? 19 A. Yes. 2e1 C. Old YOU cant inue to uork for hiM? 21 A. Yes. 22 Q. And lias he an eMPloyee of QFS or Hlllcreek once 23 It uas bought by Hlllcreek? 24 A. I believe so. 25 Q, At the tine that YOU uere uorking under the naJ'le PAGE 17 SHEET 5 1 T&.r Fencing. did yoU have any other Jobs or businesses at 2 that tine? 3 A. No. 4 Q. Old you have any el'lPloyees uorklng for you? 5 A. No, S Q. Hall did YOU first end UP \larking for QFS? 7 A. Through Cook Hostetter, B Q. Did you knOll hll'l frol'lother. froM other sources 9 ather than -- 10 A. I ran into hin In the diner. 11 Q. Before yOU lIorked for Qr5 as a subcontractor, 12 uhat type -- hall uere yoU el'lployed prior to that? 13 HR. DEARDORFF: Or hOIl. 14 BY HR. BRllHBllllGH, 15 Q. Or hOIl uere yoU in business? Old yOU have a 16 Job? \Iera YOU self-el'lPloyed at that tll'le? 17 A. No. I \larked for Snyder Hiller Builders. 18 Q. What vas your job ulth Snyder Hiller Builders? 19 A. Just a carpenter. 20 Q. And how long uere YOU ulth Snyder Miller 21 Builders? 22 A. APproxll'latelY 13 years. 23 Q. Do yOU knOll approxll'latelY the years that yOU 24. uorked there, Just so I can try and keep this In the right 25 t \l'Ie fraJ'le? PAGE 18 1 A. I uorked for Glenn frOM '85 to '98, sOMething 2 like that. 3 C. And uhy did you leave Snyder Hi ller Builders? 4. A. Thought I could Make It better on MY oun. 5 Q. And that's ullen YOU began to uork for QFS? S A. I'!'l urong on theM dates. 7 Q. Okay. S A. Because MY daughter uas born In 'S2. I uorked 9 for Glenn frOM about '81'!l to about '94., '95, sOMething like 10 that. I can't reMel'lber exact ly. I knou It uas before MY 11 daughter uas born. That uas before '82. 12 C. And uhere are they located? 13 A. SnYder Hiller? He'S out of Marysvllle. 14. Q. Is he st i 11 In business? 15 A. Yes. lS Q. Nou, YOU nentloned Glenn? 17 A. Yes. 18 Q. And uho is Glenn? 19 A. He'S Glenn Hiller. He'S part ouner. 20 Q. After yoU stopped uorklng at Snyder Hiller, Is 21 that uban YOU uent Into business for yourself and began 22 uorklng as a subcontractor at QFS? 23 A. Yes. 24 Q. At the til'le of this Incident in March of 20"2 25 uhen YOU uers uorklng under the naMe of In Fencing, did PAGE 19 17 19 1 Mlllereek have any special requirel'lents of you as a 2 subcontractor? Old YOU have to do anything such as 3 annually give the" any type of certifications or anything 4 along those 11 nes? 5 A. Not to -- I'l'l not understanding. You !'lean as 6 far as -- 1 Q. In order to be a subcontractor for Mlllcreek, 8 did !:IOU -- did Hlllcreek ask you to do anything In order to S rel'laln as a subcontractor for thel'l? For instance, did YOU 1" have to give thel'l any type of certificates? Old YOU have 11 to take any type of training courses, provide thel'l ulth 12 certificates of Insurance? 13 A. Certificate of Insurance ue had to have, a 14 license, and that's about it. We didn't gO through any 15 kind of training or anything. 16 Q. And uhat type of 11 cense d:i d you have to have 17 for Mlllcreek? 18 A. Just a business ncme. That's hou COMe It uent 19 frOI'l Just MY naJ'18 into 1&1 Fencing. 20 Q. SO YOU had that business na/'le registered? 21 A. Yes. 22 Q. Oth.er than a business license, yoU Mentioned a 23 certificate of insurance? 24. A. Yes. 25 Q. Hou often did you have to prOVide that? PAGE 2B 18 2B 1 A. Just once is all. and it uas on file. 2 Q. Old you have to provide thel'l uith any other 3 dOCUMentation? 4 A. Nothing that I can rel'lel'J1ler. 5 Q. Nou, yOU !'lent loned uhen YOU uere \Jorkl ng for S Hlllcreek YOU uould -- uould yOU gO Into the office to get 7 your paperuork for each Individual Job? 8 A. Yes. S Q. Would YOU get the Jobs for, like, a ueekly 10 basis, or hall often \.Iould yoU get the Jobs? 11 A. Job by Job. 12 Q. And uho uould give YOU the paperuork? 13 A. Whoever uas In the office. BasicallY Cook 14. uas In Charge as far as scheduling and everything. 15 Q. And that's Cook Hostetter? 1S A. Correct. 17 Q. Is he still el'lployed by Hlllcreek? 18 A. Yes. 19 Q. And uhat type of uork did YOU do for Hlllcreek? 20 \Jas It 11 I'll ted to fenc I ng? 21 A. Yes. I did fencing, railing and decks. Il'Iean, 22 anyt h I n9 that ue do. 23 Q. When YOU \.Iould get assigned to a Job, uould YOU 24 be the only subcontractor \.larking on that job? 25 A. Yes. PAGE 21 SHEET S 1 Q. Would anyone fron QFS go out to the Job sl te 2 vi th you? 3 A. OccasiOnallY If I had a problal'l or sOMething I 4; didn't quite understand. S Q. Was that the only t I !'Ie that anyone frOI'l S Hllleraek would cone out Is uhen YOU had a proble" or 7 didn't understand SOMething on the Job? 8 A. Correct I yes. 9 Q. After you tJDuld finish a Job. vould anyone cOl'le 10 out fron Hlllereek to Inspect the uork that YOU did? 11 A. SOl'letll'les If there vas a probleM or sOl'lethln9, 12 Other than that, they Just did a satisfaction call. 13 g. Nou, you l'Ientloned SOI'lB of the paperuork that 14 you would get uhen yoU uould get the paperuork for a 15 particular Job, you nentloned a fact sheet. 16 A. UI'I-hUl'l. 17 Q. That's a yes? 18 A. Yes. 19 Q. What Is the fact sheet? What is an the fact 20 sheet? 21 A. It's Just a cover sheet. like I say. ulth,the 22 people's mme. address. uhat style. type. height fence. hou 23 l'Iany feet; Just odd stuff 11 ke that that I knew uhat the 24 Job required. Then. like I Say, there uas a draulng as to 25 uhere the fence uent and directions to get to It. PAGE 22 1 Q. Who provided the supplies for the fencing? Old 2 YOU gO out and bUY It, or uas that provl deCI for you? 3 A. That uas provided. 4 C. By I1I11creek? 5 A. Correct. 6 Q. Nou, YOU Just "entloned that YOU uould get the 7 fact sheet uhlch has the nal'le. the address, the Job 8 requlr81'lents. You also l'Iantloned a draulng, and that's the 9 draulng uhere the fence uould go. Is that correct? ll!1 A. Yes. 11 Q. You I'Ientloned directions or a l'Iap to the 12 location? 13 A. Yes. 14 Q. And UQuld you get any other paperuork? 15 A. That uas basically It. SOl'letil'les -- 1'1'1 sorry. 16 You uould get a list of Material. uhat lias required for 17 that JObi 12 sections. 5 posts. lIhatever. 18 Q. Would that l'Iaterial -- liQuId the Materials be 19 already set aside for YOU. or did yoU have a place at 2l!1 HI Hcreek uhere YOU uent to Just pick out the supplies that 21 you lIould need? 22 A. lrIe had bins at the shop that each Individual Job 23 uent In, and that uas all done by n~r. The n~er of 24 the Job uould go in that bin. You uould take that l'Iaterial 25 to that Job. PAGE 23 21 23 1 Q. So Hlllcreek uould alreadY have assel'lbled all 2 the l'Iaterials that you uould need for that Job? 3 A. Yes. 4 Q. Would yoU receive a copy of the contract for 5 eactl Individual Job? 6 ,.,. Just as far as the nal'le and address, 11 ke 1 had 7 stated, not a legible contract of uhat they actually urate Bout. 9 Q. Nou. the Incident that occurred on March 5th. ll!1 200c! occurred at the residence of GUY Fry. Do YOU knou 11 Hr. Fry? 12 A. Not personallY. 13 Q. Or do you knou Hrs. Fry? 14 A. I've "at her when ue started the Job. 15 Q. Prior to this Job. had YOU ever l'Iet the Frys 16 before? 17 A. No. 18 Q. Do 1I0U recall uhen YOU 90t this Job uhether or 19 not YOU saw a copy of the contract for the uork at the Fry 20 residence? 21 A. I'" I'Ilsunderstandlng uhat you're calling a 22 contract. 23 (Seger Exhibit No.1 ues !'larked. I 24 BY IIR. BRUMBAUGH, 25 Q. I'" going to ShOll YOU a docUl'l8nt that has been PAGE 24 22 24 1 I'larf:ed as Seger 1, If YOU uould please take a look at that. 2 A. (Perusing docUl'lent.1 3 Q. Do you recall uhether you've seen this before? 4 A. Correct. 5 Q. And uhat Is this dOCUMent? 6 A. Ihls Is what I uas calling a fact sheet, cover 7 sheElt. whatever. Ihis is uhat ue get with the people's 8 nal'lfl. address and uhat tile Materials required for that Job, 9 lIhatnot. The only thing that.s different on here Is the 10 aMotmt Is usuallll blacked out. 1 didn't see none of the 11 dollar 81'Iounts. 12 Q. So yOU lIould see a COPlI of this, and it has the 13 uord proposal at the top? 14 A. Correct. 15 Q. Except all the Mounts uould be blacked out? 16 A. Correct. 17 Q. Do you knou on the copy that you \Jould receive, 18 uould It be signed by the person that YOU were doing the 19 uorR for, or uould YOU receive an unsigned copy? 2l!1 A. SOMetll'leS they uould black out -- uhat they do 21 is llhen they Made l'Ie this sheet, they uould blank out uhere 22 it ~;hous what this deposit and stuff Is. They uould Just 23 lay another sheet. and I uould onlY get the upper half. So 24 a lot of tiMes I didn't see a Signature. 25 Q. For the uork that you uare doln9. clo yoU knou PAGE 25 SHEET 7 1 uhether either at the Fry's residence or other residences 2 are building perI'llts typicallY reqUired? 3 A. As far as I knou, that's the hOl'l8Ololner's 4 responsibility. 5 Q. Old YOU ever get bui Iding pernits for any of the 6 Jobs that YOU did uork on? 7 A.. No. B Q. And uhat uera yOU Installing at the FrY'S 9 residence? II!! A. PIcket fence. I believe. 11 Q. Noy. do YOU recall uhen YOU first uent out to 12 the Fry residence? 13 A. SonBuhat. 14 Q. tell 1'18 uhat yOU recall frO" uhen yOU first uent 15 out there. IG A. When 190t there, her 1'10". or his 1'101'1. or 17 sOrlebody lives on the right-hand side -- they llve on the 18 left-hand side of the residence. The fence lJen! across the 19 front, doun along the hedge rou, back Into the garage. 21!1 Then her 1'101'1 90t 501'18, but I don't rel'lel'lber if 21 that Just ran straight up the other side of the property 22 and back I nto the garage or exact ly uhere hers uent. 23 Q. And yoU uere -- Just to clarifY, yoU uere the 24 only one uorklng. installing the fence at that tll'1e? 25 A. Yes. PAGE 26 1 Q. At that tine, 90U uere the only one present? 2 A. Well. I had a pair of hands there, a guy, but he 3 uasn't an el'lployee. I had a helper, yes. 4 Q. You say he uas not your el'1Ployee? 5 A. He uas a pair of hands. S Q. And uhat is his n8l'le? 7 A. I think it uas HUCkey at the tll'le. 8 Q. HuCkey? 9 A. HuCkey, yeah. Ie Q. Do YOU knOll' his full n8l'le? 11 A. Leroy HOCkenberry, Jr., I think. I think he's a 12 Junior. 13 Q. And uho uas he el'lPloyed by? 14 A. He uas uorking for a trucking outfit as a 15 Mechanic or SOMething at the tiMe, but I couldn't even 16 begin to tell you uho that uas. l? Q. Was he being paId ta help you? 18 A. No. He's a nepheu. 19 Q. Dh, he's your nepheu? 20 A. Yeah. That '5 uhat I'I'l saylns; he lJas Just a 21 pair of hands, but he lJas present on the Job. 22 Q. Old yoU bring hiM alons on Jobs very often? 23 A. Occasionally. 24 Q. Old YOU pay hiM for helping you? 25 A. A couple bucks here and there. PAGE 27 25 27 1 Q. Other than your nephelJ and yourself, uas there 2 anybody else there? 3 A. No. 4 Q. DescrIbe for "e the steps that YOU uent through 5 In order to erect thIs fence. 6 A. Frol'l the beginning to the end? 7 Q. Yes. a A. First of all. ue got a drauing ulth the 9 l'Ieasurel'lents and all. We square everything off the UI bUilding, or uhatever ue're going by. We put a string line 11 UP around, drill our holes, set our posts, level all theM. 12 We use a botto" rail as a spacer to sIt that 13 fence, put the top rails In -- that's for picket fence -- 14 put the top rails in, screu the pickets on. screu the capS 15 on. hang the gates. 16 Q. Ihe uork that !:IOU uere doing at the Fry's 17 residence, hou long did you anticipate that It uas going to 18 take YOU to do the uhole Job? 19 A. Probably tllo days Is uhat ue uere uorking on. 20 Q. Do YOU rel'lel'lber uhat day yoU arrived there to 21 begin? 22 A. No. 23 Q. Do YOU re!'lel'lber uhat tll'le af day? 24 A. Don't knoll'. 25 Q. Would this have been the only Job that YOU lIauld PAGE 28 26 28 1 have done that day? 2 A. Yes. 3 Q. Do you recall n hall did !:IOU first learn about 4 the Incident that's the sUbject of this lausuit? 5 A. I think the salesl'lan called !'le. I'M not sure 6 uho told Me about It to be honest uith you. 7 Q. The tine that yoU first learned of It, had YOU 8 already COl'IPleted your uork at the Fry'S residence? 9 A. No. H!! Q. So YOU uere still In the course of doing the 11 uork uhen YOU learned of It? 12 A. Yes. 13 Q. Hou far along In the Job uere YOU uhen YOU 14 learned of the Incident? 15 A. That I can't rel'lel'lber. 18 Q. Were yoU able n nou, !:Iou !'lent loned thl s uas a 17 tuo-,:lay Job? 18 A. About that, yeah. 19 Q. So !:Iou ueren't able to finIsh It at the end of 20 one <:lay? 21 A. No. 22 Q. Do YOU recall hOl.' far alons you uere uhen you 23 stopped uork? 24 A. I knOll the posts lIere set, but I don't rel'lel'lber 25 If UI~ had any of the pickets on or hOIl Many sectIons uas PAGE 29 SHEET 8 1 together or anything like tnat. 1 2 Q. What Is Involved in -- you "antlened you get lhe 2 3 draYin9 aru1 then YOU have the string Une? 3 4 A. Correct. 4 S Q. What do YOU do to place the string line? 5 6 A. We set -- the string line does tuo things. It 6 7 holds the posts straight. and it holds the rail to the 7 8 nelght tttat ue naM to keep a nice un1 fain look all the uay 8 9 around the Yard, 9 10 Q. What Clo you use to l'Iake this str! n9 line? 10 11 A. Hascn line. regular "ason line. 11 12 Q. And Is that string? 12 13 A. Yes. 13 14 Q. It sounds like a stuPid question. What color is 14 lS the string typIcally? 15 16 A. It yas either yellow or orange, ! uould say for 16 17 us, because that.s the only tuo lie use. The rest are too 17 18 hard to see. 18 19 Q. And uhen In the construction process do YOU put 19 20 up tMs string? 20 21 A. Right at the beginning. 21 22 Q. "And dO YOU put that unen you "aka the first 22 23 couple Of posts then? 23 24 A. That's done before anything else Is done, That 24 2S deterMines I,l'here your posts go, 1lhere YOU drat Y01Jl" holes 25 PAGE 30 1 and eVerythlng. 2 Q. And hall do yOU set that line? 3 A. With stakes In the ground, 4 Q. And hOIl far off the ground t5 that line? 5 A. That varies. TypicallY It's approxi"atelY 6 betyeen 2. and 4 Inches high. 7 Q. So the line Is typically 2 to 4 Inches off the 8 ground? 9 A. Correct, depending on the type of fence you're 10 putting in. U Q. Nov, the cOPY of the proposal that ls ln front 12 of YOU, Seger 1, does that tell YOU utlat type of fence that 13 YOU uere installing at the Frys? 14 A. Yes, I didn't knOll If I uas allolled to look at 15 this uben YOU asked Me that before. 16 0.. AbsoLuteLy. 17 A, Yes. It shous ne 24 feet of 3S.lnch high 18 traditional railing. That's the front porCh; that's not 19 I'le. Hold on a second, 20 TIMe and I'laterial to Install 105 'feet of 42-inch 21 high uhlte concave picket. ane and a hatf Inch nel'\bers and 22 four 3S-lnch ulde gates. 23 g, You're reading that frol'! tlle second paragraph of 24 the proposal? 25 A, Yes. Apparently they did SOMe railing or PAGE 31 29 31 SOl'l.ethtng an the jab that I ",asr.'t \mrolved '.11th at all. Q. Nou, the proposal that's been Marked as Seger 1, that has three paragraphs? A. Yes, Q, The first paragraph appears to be tIMe and MatEirlal to Install. and I can't read -- A. 24 feet of 3S-lnch high uhite traditional raIlIng; "aterlal, 5 by 5 posts. !hat's structural posts for front porch ra III ng . Q. You didn't do any of that uork? A. I didn't do any of the front porch on ttLat. The only thIng I did uas the PIcket fence. Q, AAI1 the 'Picket fence Is the second paragraph? A , Correc 1. Q. And then the third paragraph -- I called the third paragraPh there a paragraph, and It l'Iay not be. It MaY Just be tuo sentences. It salliS both rail and. fence jobS cDnplete at SaMe tiMe? A, Correct. Q. Okall. A. That I can't ans\ler because that '5 UP to the salel~l'lan's dtscretion. APparently they uant the froot porch and the fence done so ue didn't have to l'!ake t",o trips. See, ue get a setup fee to gO to the Job depending PAGE 32 3e 32 1 on helu far and heu "uch the Job Is and everythJng. 2 So uhat they did uas they probablY 5P1tt the 3 setup fee betueen l'Ie and uboever did the railing. They 4 gave then 9'IJYS a little bit of a break rather than have to 5 set up tuo setup fees for tuo different guys coning. S Q. Djd YOU see any eVidence that any uork had been 7 done on the porch uhen you lIefe doing the fence? 8 A. Not that I can recall. 9 Q. SO ttlen YOU uere Installing a picket fence at 10 the Frys? 11 A. Yes, sir, 12 Q. And hou far off the ground UQuld the string have 13 been since you uere Installing a pIcket fence? 14 A. Tllat "'culd have varied about 2 to 3 \nches 15 because the pickets stick belou the bot tal'! rail 2 Inches. 1S Q. Jl.nd hou long do you leave that string line up? 17 A. That's lJI) frOl'l the start to the finish Decause 18 that 'sets all the height of all your rails and everything 19 unen 'liou're setting !lour posts. 20 c. And does that gO across even uhere you nave '2.1 gates? 22 A. Yes. It's a continuous line cOl'1PletelY around. 23 C. Old YOU do anythIng special if that line IIere to 24 cross a sideualk or a ualkuay at all? 25 A. Other than dJrt piles Delng there and the posts PAGE 33 SHEET 9 1 being set, no. 2 Q. If you had a string line UP and it crossed a 3 ualkuaY and YOU uere done for the daY, uould yOU do 4 anything, take anY special precautions? 5 1\. L.ike I say, usuallY the dirt 'PIles and stuff uas 6 enough. We never reallY did anything exceptional to -- lie 7 COUldn't take It doun and I'lOve It. We had to leave It B uhere I t uas. 9 Q. Old you ever place up any barricades across tlle 19 lolalkl.lsys? 11 A. OccasionallY ue did. 12 Q. And uhat lJould deterl'llne uhether you uould place 13 a barricade? 14 A,. Just the location. If It uas In the front of a. 15 YOU knOll, like t)Ubllc stdeualk or 50netl'\l[\9 like that tt\at 16 kids \Jould be valklng, running, riding bicycle or sonethJng 17 lUte that ve take special precautions and stuff. 18 Q. Do yOU recalll.lhether YOU took anY precautions 19 at the Fry residence? 21/1 A. No. I don't. 21 HR. DEARDORFF: Was that ansuer you don't recall 22 or YOU didn't 00 any precautlons? 23 THE DEPONENT, T didn't do any. 24 MR. DEARDORFF: Any precautions? 25 THE DEPONENT: Precaut ions. PAGE 34 t BY MR. BRUMBI\UGlh 2 Q. Do you recall "'hen YOU left uork at t he end of 3 the first day hou far along In the job YOU were? 4 A. Not totally. I knol.' the holes uere drilled and 5 SOMe of the posts uere set, but hou Many posts or anything 6 llke that I can't tell !dou a nUl'\Der. 7 Q. Do you recall "'hether there uere posts set In 8 the area of the slQeua1k? 9 A. Yes. In the front there uas. Like I say, hou 11/1 far out the back or UP the side ue uere going, I can't 11 honestly ansuer. 12 Q. Other than the posts being set near the 13 slde\l'8iUt, \Jare anY of the rails set, do YOU recall? 14 A. That I can't ansller because I think they uould 15 have needed cut In, so I don't believe there lias probably 16 any ra lIs done. 17 Q. I'M sorry. You said there uas prObablY no 16 rat Ls? 19 A. Probably no rails. 20 Q. And IIhen you ended uork for that daY, YOU uould 21 have left that string up In place? 22 A. Correct. Nou, the onlY other thing that uould 23 have been I.Iould have Deen dirt pi Lea Fran us driLling the 24 holes and the posts on either side of the sldeualk. 25 Q. Where uould those dirt piles have been? PAGE 35 33 35 1 A. They uould have been right beside the hole uhlell 2 uould have been on the side of the sldellalk. 3 Q. Do you ral'1enber uhat day of the ueek it \las 'Uhen 4 YOU first started doing this york? 5 A. No, I don't. 6 Q. Do yoU kno~ uhether you cane back to this Job 7 the folloulng day or uhether there uas -- 8 A. Hare than likeLy I dtd. I ",ould. have definitelY 9 unless It uould have been a sunday MaYbe. That uould have 121 been the only tiMe I uou1dn't have uent back the f0110ulng 11 daY. 12 Q. And I bell eve YOU stated that uhen YOU first 13 learned of this Incident YOU uere called by a saLesnan? 14 A. I believe that's uhO they told 1'18. I found out 15 through the office. E.xactly uho called I'le I don't knOll. 16 Q. Do YOU recall uhat they told yOU? 17 A. Just that I.'e had a I'lIShaP out at the Frys, and, 18 nO,:r don't rel'lel'lber the conversation totally. 19 Q. And then did yOU continue to finish the job? 20 ~. Yes. 21 Q. When YOU got this phone call about the nishap, 22 did they ask yoU uhat happened, or do you recall any 23 portions of the conversation? 24 A. All that I can rel'lenber uas that a ladY had 2S fell, and that's about the extent of tt because H'$ been PAGE 36 34 36 1 so long. 2 Q. WhY did YOU end UP stopping uorklng as T6T 3 Fencing after this Incident? 4 A. Because I found out tl1.at ny insurance lapsed.. 5 Q. Old YOU knOll that your Insurance had lapsed 6 prior to this Incident? 7 A. Not until I notiFied ny Insurance COMPanY 8 because the lady had fallen. 9 C. Did YOU noU fY your Insurance cOl'1Pany soleLy 1i'! based upon the phone call that YOU got frOM ttle saleSMan? 11 ~. 1 beLIeve I did. 12 Q. Did YOU have any conversations uith Hr. or 13 Mrs. Fry about this incident at all? 14 A. I don't believe I have. 15 Q. Have yoU had any conversations ulth anyone at 16 Mtllcreek about this Incident1 17 A. I believe uhen it First happened ue had SOMe 18 conversation, but uhat uas stated and that. I have no 19 recaL~ of uhat uas saId or \Jhat \Jas, yOU knou, discussed. 20 Q. Were ~ou asked to fill out any type of accident 21 report. forMS? 22 A. Not that I reMeMber. 23 Q. Do yOU recall Ilhether you've been asked to give 24 any statenents about IIhat happened; for Instance, If 25 SOMeone has called YOU and recorded the conversation going PAGE 'n SHEET la lover the details of the incident? 2 A. Not to rl9 knoll ledge nobody has, 3 Q. Have yoU tlad any conversattons \.11th Mrs. ~ar 4 about the, or Ms. Azar, I'n sorry, about the Incident? 5 A. No. sir. S Q. Do YOU know uhather or not there uere any 7 witnesses to the Incident? e A. I have no Idea. S Q. No one has contacted you saying that they knou 10 loIhat happene<3 abOut the IncIdent 1 11 A. No. 12 Q. Since this incident has occurred, has there been 13 any changes "ada to the \lay that YOU do the \lork or the 14 process that you do? Por instance, do YOU take the string 15 11 nes 40un no"'? 16 A. I believe they do. 1? Q. And uhy \Jare those changes nBde? 18 A. Due to this Incident. 19 Q. 00 you knou 11M l'Iade thel'! or "'hc Inst i tuted 20 those changes? 21 A. Dave, I believe. 22 Q. Ho\.! long after this Incident uere those changes 23 put In place? 24 A. That I don't knOll'. I Man, ue alUBYS tried to 2S be carefUl. We're Just a little More cautious nou. PAGE 38 1 Q. Hoy, ho'J \'limY Jobs yoUld you estlnate that YOU 2 uould do tn a course of a typicaL lIeek, say, during the 3 sumer? 4 A. That varied on the sizes; but yOU couLd average 5 three, four, l'Iaybe five If they \.lare sMall ones. S Q. And is the sunner yOur busy til'le? 7 A. Yes. B Q. Do you have york to do all year round? 9 A. For the I'IOst part. yes. 1l!! Q. And I uas referring to the tiMe that you uere 11 uorklng as IaI Fencing. 12 A. Correct. 13 Q. I bell eve YOU stated that you are noy an 14 installation coordinator for MIllcreek? 15 A. I basicallY Just -- I do the scheduling and 16 stuff like Cook did and set the creus up nou. 17 Q. So you don't do any of the actual uork Yourself 18 angnoN!1 19 A. No. 20 Q. Is that a full-tiM Job? 21 A. Yes. 22 Q. And uhy did you start doins that? Is that a 23 prol'lot I on for yOU? 24 A. BasicallY, yeah. It kept Me fron digging holes '25 In the 9rounCl. PAGE 39 37 39 1 Q. AnCl hOIl Much do YOU l'Iake C10ing that? Is 2 that -- are you paid hourly? 3 A. 1'1'\ salary. 4 Q. And hoy "uch do YOU Make? 5 A. ,saB. S Q. Is that a weeK? 7 A. Yes. a Q. Do you !tnoy: irP"proXinatel!:l hO\l nuch YOU \lere 9 1'18Klng uhen you vere ",orklng as a sUbcontractor? 18 A. I have no idea. I Mean, It varied bet"'een 11 "'Inter Months and sUl'll'lBr I'lonths. 12 Q. Would you estiMate that you're l'Iakins "ore or 13 less nou? 14 A. 011, definltelll less. 15 MR. J~UZZI: You're l'Ieklng less nou? is THE DEPONENT' Yes. 17 BY Hll. BRUMBAlJGII, 18 Q. And YOU l'IenUoned -- but that '5 a prol'\Qtlan for 19 yoU? 20 A. Uel!, If I can explain. 21 Q. CertainlY, 22 A. I don't have truck paYl'lBnts and tractor 23 P1alntenance and Sacrete to buy. So, Yeah, the gross on the 24 1099 cOl'lpared to yhat MY gross is now it's shoulng less, 25 but I got less prOblBl'ls. less heat1a.ct.es, less aggravatIon. PAGE 'la 3B 4a 1 So, l:res, it actuallY is. 2 Q. That '5 fair enough. 3 (Seger EXhibit NO.2 lias Marked. 4 8Y HR. BRUMBAlJGII, 5 Q. I'M going to shOll YOU a docUI'Ient that's been & Marked as Seger NUl'Iber 2. Have you ever seen this docUl'lent 7 before? a A. Just a fell l'Iinutes 890. 9 Q. Prior to todaY, had YOU ever seen thIS doctment 1" before? 11. A. I can't honestly ansuer that. I believe I 12 prObablY dldi but exactlY "'hen, I can't give you a date. 13 Q. Do YOU knOll uhether you sa'" It back uhen YOU 14 uere IJorklng as a subcontractor under the naM 'I'&T Fencing? 15 A. I think I got I'li ne "'hen It uas still QFS before 16 Killcl~eek ounet1 It. I just sort of '\.lent right alons over 17 to MIHereek, is IIhat I'l'I getting at. I uas alreadY set UP 16 and e!.tablished. 19 Q. Do YOU believe that YOU y:ould have sotten this 2111 back IIllen YOU inltiall!:!' started for Millcreek or QFS? .21 /1,. Yes. 22 Q. I'M sorr!:!'. I think I l'Iay have handed 23 out --. that '5 the second page of that docUl'lent. 24 A. (Perusing docul'lent.1 25 Q. Tnls docUl'lent that I'" shouing YOU has t"'o pages PAGE 41 SHEE! 11 1 to It? 2 A. Yes. 3 Q. Do YOU recall uhether 1M I1OC1J1'\ent that YOU sav 4 uas two pages? 5 A. That I can' t answer. S Q. NOli, I note that this has, at the top It's got 7 the heading of QFS Factory Outlet. It says 8 resident1al~CQl'I1\erclal dlvtslon of MtUcreeR Fence &. Farn 9 Systens? 10 11.. Correct. 11 Q. But is It your testlnony that yoU believe you 12 actuallY 90t -- lIhen you gat this It was before Mlllcreek 13 had purchased QFS? 14 A. Yes. 15 Q. Do YOU knOlJ llhether or not there \lere any 16 changes to these, and I'll Just call thel'l guidelines or 17 IIhat's contained In these sheets? 18 A. That I can't answer either. I don't know utla! 19 Dave night have changed fron the tine I got It through QFS 20 until th1s. Like I saY, I can't reJ\enber back that far. 21 Q. Do you recall only receJvlng a copy of this \.Ihen 22 YOU first started "11th QFS? 23 A. As far as I knov. yes, that's the only tiMe I 24 can rel'leMber gett I ns one. 25 g. Kave yoU ever been arrested? PI\IlE 42 1 ~. Minor stuff. Nothing Major. 2 Q. Have vou ever been convicted of a criMe? 3 A. No. 4 Q. Or plead gUilty to anY crlMs? 5 A. Nothing short of speeding tickets. stuff like S that. 7 Q. Right. not speeding tickets. 8 A. Nothing. 9 Q. And you've never done tll'le In Jailor anything? leI A. No. 11 g. Have'dOl.l ever been In the nll1tary at all? 12 A. No. 13 Q. I'" going to look through "y records, but I'll 14 let the otner attorneYS ask YOU questions. 15 11R. DEARDORFF: Thank YOU. 16 EXNlDlI.'lIDN 17 BY MR. OEARDORPF, 18 Q. Mr. seger. 1'1'1 Dan Deardorff. And In this case, 19 I represent Hr. Beller trading as Hlllcreek Fence &. FarM 21!'J SYstel'ls. Just a feu !'lOre Questions. 21 Nou, YOU Indicated that currentlY YOU are the 22 Installation coordinator for Hillcreek, correct? 2.3 A. Correct. 24 Q. Does I1I11creek still use Independent contractors 25 to Install the fencing or decks? PAGE 43 41 43 1 A. aut of our aHlce. yes.. 2 Q. Okay. So they don't use people uho vork for 3 Mlllereek; they use Independent people uho have their oun 4 business? 5 A. Yes. 6 Q. NOli, YOU talked about insurance lapslng. Who 7 \.1as your insurance IIlth? B A. Erie; Dean Relslnger out of Nell Bloorlfleld. 9 Q. And I think yOU said It lolas your understanding 1" that yoU had insurance but then \.1hen YOU called UP you 11 found out that it lapsed, correct? 12 lA. Yes. 13 Q. WhO ~I~ ~ou talk to to tell you that? 14 A. I think I spoke to Dean hll'lSelf. 15 Q, And IIhy did your insurance lapse? 16 A. Just failure to pay. 11 Q, NOli, YOU said YOU didn't knou about It. Did 18 Reisinger ever tell YOU that they had. sent you letters? 19 A, ah, I'n sure I got sOl'lethlng, but It Just 20 didn't ~- YOU knou, definitelY It lias nl:l fault It lapsed. 21 Q. So YOU didn't ever challenge their decision to 22 stop the J nsurance? 23 A. No. sir. 24 Q. You didn't say, uell, you never told I'le or I 2.5 didn't knou? PAGE 44 42 44 1 A. No, sir. It uas I'IY olin fault. 2 Q. Nou, going back to your starting off in 3 business, YOU said YOU first \.1orked for SnYder Hiller 4 construction or Builders. right? 5 A. Builders, correct. 6 Q. NOlol, uhen you uorked for theM, uere YOU an 7 el'lPloyee, I'l.eaning they paid you and deducted taxes and that 8 kind of thing? 9 A., Yes. 10 Q. And YOU only worked for thel'l.? 11 A. Yes. 12 Q. And did they train YOU In carpentry and hou to 13 do things? 14 A. Yes. 15 Q. And theY deducted taxes frol'l your paYCheck? 16 ]I.. Yes. 17 Q. And did yoU use their tools and eqUiPMent? 18 A. Yes. Trucks, everything. 19 Q. And did YOU nave any fringe benefits llRe health 2~ insumnce, paid hollds!;!"s? 21 A.. Yes. 22 c. Paid holidays? 23 A,. Yes. 24 C. Vacation, paid vacation? 25 A.. Yes. PAGE ~5 SHEET 12 1 Q. Noy, then. ll'hen you uent off on your O\1n as T&T 2 Fencing -- or strike that. Going back to SnYder and Hiller 3 BuIlders, YOu uorked for theM for 13 years. Old yoU 4 specialize In anything, in anyone thing, or did YOU Just 5 do all kinds of carpentry? S A. We did everything. 7 g. Is that lolhere yOU picked UP tbe fencing trade? 8 A. Correct. That's hou I actuallY' !'let Cook, We 9 used to get our front porch railings and stuff through QFS. 111l Q. So that.s hOu you net h1!'1? 11 A. Yes. 12 Q. And eventually you decided to gO out on your 13 aim? 14 A. Correct. I hit MY earning potential u1th Glenn. 15 They uare 5"a11. They only had three guys, fte and tuo 16 other fa110Ys. 17 Q. Okay, $0 you thought !IOU had a better future 18 branching out on your 0l,l'n1 19 A. I thought. 28 Q. Nau, T&T Fencing, uhat's the T&T for? 21 A.. Me and Tan. 22 Q. Okay. 'I01'l and 'ral'lJ'l.y1 23 A. Right. 24. Q. And then on your oU'n doing these Jobs for QFS, 25 of course, YOU got paid per Job, right? PAGE 46 1 2 3 4 5 6 7 8 9 18 11 12 13 1~ 15 16 17 18 19 2B 21 22 23 2~ 25 A. Q. for, or, you? Correct. And at the end of the year they'd give YOU a 11-9 excuse I'le, a 11!l99 for the p8Yl'tSnts they l'Iade to A. Correct. Q. Old you fill out Ilhat's called: a W-9 to get a tax m nUl'lber, or did yOU Just use your Social Security n\mber 1 A. I think I Just used MY Social Security nUl'lber. Q. And by that tl1'16 uhen YOU started Ilork.ing for QFS -- and this uas years before HIllcreek took over, correct? r-.. correct. Q. When YOU starting uorklng for QFS, at that point yoU did have skill In putting UP these fences and decKS, correct? A.. Correct, yeah. Q. So no one at QFS at that ~int t'lom to take yoU under theIr \lIng or train you In hall to do this stuff? A. No. I uas alreadY fal'll llar ulth the product. Q. NOll, did you have your oun tools that yoU used \lhen you uorked as your oun boss? A. Ves. Q. And yoU had your oun truck, correct? A. Yes. PAGE ~7 45 ~7 1 Q. And YOU used your oyn truck to get the 2 l'lateirlals? 3 A. Yes. 4. Q. Old YOU also purchase the string line? 5 A. Yes. S Q. And then you talked about the bad side of that 7 because you'd have the expenses on the truck and those 8 things? 9 A. Correct. 10 Q, Nou, uere your hours pretty Much based on uhat 11 you Ilanted to dOi they'd give YOU jobs but uhen YOU shoued 12 UP for the job, that lias UP to you? 13 A. Yes. RIght. If Iuanted to horsBulththe Job 14 for tflree days, that uas l'Iy fault. If 1 uant to gO out and lS put ~0 feet in in a !lay, that's hOll 1l'la(1e ny 1'IOney. 16 Q, But If you uanted to uork, like, I0-flour or 11 12-fl,:)Uf days, that uas UP to you? 18 A. that uas UP to !'Ie, correct. 19 Q. And If YOU yanted to, let's say, JUst \lork In the l'Wrnlng and do S01'l6thlng else in too afternoon, that 21 uas up to YOU too? 22 A. Yes. 23 Q. And 1'1'1 sure at certain tll'les of the year, like 24. hunt:ing season and things like that. YOU probably uouldn't 25 take Jobs? PAGE ~8 46 ~8 1 A. RIght. You'(1 take a daY here or there to go 2 hunting or uhatever. :3 Q. Noy, no one ~- uflen YOU uere uork 1 ng for QFS as 4. ur Fencing, QFS never sent anyone there to supervise you, 5 did theY? S A. No, no. Like I saY, onlY If there uas a problel'l 1 or sOl'lethlng. We follo\.led UP \11th a satisfactIon call. a Q. And that uould be after your Job Is done and 9 they did a folloll-up with the hOl'leouner and the hOl'lBowner 10 said, uell, this isn't right or that isn't right and they'd 11 have to gO back? 12 A. Correct. Right. 13 Q. Now, so basically YOU uorked alone on these 14 JobS? 15 A. Ves. lS Q. SOl'lettne.s you tooR 'dour nepheu or SOI'\eone else? 17 18 A. R19hl, 19 Q. And yOU Ilould pay that person probably, I guess, 20 SOl'le cash just to help YOU out? 21 A. Right, right. 22 Q. So uhen YOU uere on these Jobs for QFS, no one 23 uas 8I.:tuSllY telling you uhat to QO or hou to do It. Is 24 that basicallY right? 25 A. Correct. PAGE 49 SHEEl 13 1 Q. Old you ever turn C10un Jobs because you had 2 sonethlng else going on? 3 A. No. 4 Q. And. nou, "lth QfS. obVioUslY they paid: YOU 5 through the 1099's, those cash P8Yl'lents. but tbey Made no 6 deduct Ions for taxes, correct? 7 A. No. B Q. And: you 90t no eMPloyee benefits fron QFS, 9 correct? 10 A. Ko. 11 Q. And yau 90t no paid vacation, correct? 12 A. No. 13 Q, And YOU had no nealth Insurance. Are all those 14 things correct? 15 A. Correct, 16 Q. And YOu had no t I Me card to punch In uhen YOU 17 uere uorklns or "hen sou uere leaving, correct? 18 A. Correct. 19 Q. And yOU never got any W-2 frol'l QFS? 21!1 A. No. 2! Q. Nou, your sltuat ion nou \lith Hlllcreek uhere 22 YOU're the lnstallatlon coarOlnator, is that different than 23 fron your situation uhere yOU uere the independent 24 contractor? 25 A, Yes, PAGE 51! 1 Q. Okay. So OOl,l they 130 deduct taxes, eonsct? 2 A. Just health Insurance, 3 Q. Okay. And do you get any paid vacation uorking 4 for QFS now? 5 A. No. I'" salary. G Q. But you do -- 7 A. I do take a week, but I still get paid. B Q. Oh, I see. So YOU gat paid -- 9 A. Right.!'" Just salary stralgllt across the 115 board. 11 Q, Okay. Is there so !'Iuch Une that you're aUm/ad. 12 to take for vacation or holidays? 13 A. Dave \lorks u1th l'le on that. 14 Q, And now you have to show UP to, uhat, QFS to do 15 your Job? 16 A. Yes. I have a space In the office. 17 Q. So unen you uare \lorklns for Hiller, SnYder 18 Miner, you had. one kind of arrangBI'lent \lhere YOU \lere, 1n 19 your oun nind, uorklns for thel'l. as an el'lPloyee, correct? 20 A. DefInitelY. I uent to Glenn's at 7:00 in the 21 l'lorning and left the Job at 4:30. 22 Q. Then uhen YOU uent out on your oun as T&T 23 Fenc I ns, yoU had a different arrangenent ytlere you \Jere 24 your oun boss In contracting these jobs for QFS, correct? 25 J\. Ves. PAGE 51 49 51 1 Q, And nou that YOU're back to Hlllcreek. you're 2 back to baSically so I'l.any hours uorklng a regular day and 3 getting paid per salary, correct. not by the Job? 4 A. R19ht. 5 Q. Nou, uhen this accident happened In February of 6 21!ll!l2, uas It clear In your I'Ilnd that yoU uere uorking as an 1 Independent contractor as your oun boss and not as an 8 el'lPloyee for K( llcreek or QFS? 9 A. BasicallY, yes. 10 Q. Nou. you had uarked for rJPS before I t Ua5 part 11 of MIllcreek, correct? 12 A. Yes. 13 Q. I think YOU said that uas for. Uke, three or 14 four years? 15 ,.. Yes. 1'1'1 not sure of \lhat or haY long anything 16 of that took place. 11 Q. And then It becal'le ~. QFS beC8l'1e a division of 18 Klll,:reek. correct? 19 A. Yes. 20 Q. Md do YOU renel'lber approXll"IatelY uhen that 21 haPPlaned? 22 A. APproxll'lately four years ago. 23 Q. I think there'S been sOl'le testlnony that It uas 24 around 1999. Does that sound about right? 25 A. 'Inat could be, yes, That's aPt!roxtnate. Like! PAGE 52 50 52 1 SaY, I can't ansll'er dates on that. 2 Q. And uhen Hlllcreek purchased QFS. YOU just 3 continued under the Sal'l8 arrangel'lent you had In the years 4 before? 5 A. Correct. S Q. Nothing ~as ever done In \lritln9 to say 7 A. NO, sir. e c. -- anything different. correct? 9 A. correct. 10 C. So I guess all In all UP to the tine of the 11 ace I <:\ent, \.Iblch \.Ias 2002, YOU had, \lllat, at teast ten years 12 of e):perlence in the fencing business? 13 A. Pretty close, yeah, if YOU take SnYder Mlller's 14 til'le ulth -- yeah. 15 Q. Okay. Old -- and I think YOU said YOU did l'Ieet 16 Mrs. Fry, but YOU don't rel'1et'\ber I'\eetlng Mr. Fnl1 17 A. I don't rel'16l'l.ber Meeting hll'l.. 18 Q. Old you IdentifY yourself as In any specialuay? 19 A. Probably Tucker ulth QFS. Is usuallY hou I did 20 It. I Mean, that'sabasle. 21 Q. What. sTucker? 22 A. That's l'Iy nal'l.e. 23 Q. all, your n1cknBl'le? 24 A. That.s what I gO by Is Tucker, and that '5 hou I 25 usually IntrOduce l'Iyself on the Job. PAGE 53 SHSET 14 1 Q. Nou, uhlle you IlBrS uorklng on the Job dOing the 2 various things InclUding setting up the line and the posts 3 and everything else, did the Frys ever COMe out to look 4 uhat YOU uere doing, either Mrs. Fry or Mr. Fry? 5 A. rhey I'Ilght have. I can't honestly ansuer if 6 they eaJ'l8 out three t11'l8S, five tIMB, uhatever. I don't 7 rel'ler'lber . 8 Q. Can yoU say IIlth any certainty uhether they CilI'lB 9 out even on one aecas I on? 1l1J A.. No. sir. I can't. 11 Q. NOll. the thing about leaving the string UP. Is 12 that the way 90U had done !lour Job year after year in the 13 years before Hlllcreek took over and the years after 14 I1I11creek took over? 15 A. Yes. sir, And ue actuallY still keep the string 16 lines up. The onlY thing ue do Is things, ue lay a block 17 on then or sonething and bury thel'l.. but the lines still 18 stay up. 19 Q. Okay. Nou. YOU Indicated that there uere piles 2l!l of dirt on the side of the slCl:eualk uhen YOU uould have 21 string crossing the sldeualk. Is that correct? 22 A.. Correct. You have piles of dirt at every 23 posthole. You uould have a posthole on each side of that 24 sldeualk. 2S Q. Can you explain hou It uas? Was it post. hole, PAGE 54 1 dirt and then sldeualk. or uas the dirt side by side with 2 the posthole? 3 A.. No. It uas sldeualk; It 1185 probably post. 4 post. and then di rt pi les uould have el ther been I n front 5 or behind. Hare than likely thew uere in the front because 6 I think ue even had to take that dirt auay frol'l there. 7 So ue aluays put the dirt to the outside; It's B easier to get to ulthout having to clean It up on the 9 backside of the fence. 10' Q. So at the Fry'S house, I think their front yard 11 Is abutt Ing a street. Would the dirt piles have been on 12 the street side then of the holes? 13 A.. Yeah. But their yard is up -- the sidewalk is 14 doun here and the yard '5 up here, and It uas back along, 15 actually alon9 the side of the house. 16 I don't knou hou far off that sidewalk it uas 17 back, but It uas nouhere near anYbody ualklng doun that 18 sldeualk uould have -- 19 Q. Well, there uas a sldeualk that ran along side 20 of the hOUse, correct? 21 A. Correct, and that's uhere the gate uas. 22 Q. Okay. I'll Just shou YOU a picture here. At 23 the deposition of Lori Azar here there U85 a packet of 24 pictures presented, and they uere nunbered as pages. 25 And that's Plaintiff's Exhibit NUMber 1. And PAGE 55 53 55 1 page 8 shous a picture of a sideualk 90lng along the side 2 of the Fry house. Do yoU see that? 3 A. Yes. 4 Q. Okay. Nou, YOU see there'S -- and I'll 5 represent to YOU that this picture uas taken fron the 6 street side. 7 A. Yes. a Q. Not fron the backyard side. Would the dirt 9 pi les have been on the street side of the poles that are 1l!l adjacent to the sldeualk, or uould they have been soneuhere 11 else? 12 A. TheY're In the back of the posts. 13 Q. OkaY, Nou. Is this -- I'M pointing to sone, it 14 look~a like dirt on the bOttol'l picture of page 9 In front of 15 the l~ostholes that's touards the street. Is that a pi Ie of 16 dirt, or Is that Just bare dirt? 17 A. I can't tell frol'l here. I think they had -- the 18 yard \.Ias done. YOU can see as YOU 90 back t hroush here 18 uherl~ the dIrt piles are. So I uould say -- I uould aSSUMe 20' It Ui!S dirt pile. 21 Q. Nou, at the end of your first day. the \.lay I 22 understand your testiMony Is YOU uould have left the Job 23 site \.11th this string still UP. correct? 24 A. Correct. 25 Q. Did YOU say anything to tM Frys that you uere PAGE 56 54 59 1 leaving and that the string uas up, anything like that? 2 A. Not that I recall. no. 3 Q. And the only precaution you can think of uould 4 have been that pi Ie of dirt around the area of the post? 5 A. Correct. 6 MR. DEARDORFF: OkaY, Hr. Seger. That's all I 7 have at this tll'l.e. Karl? B EXA!lIN~TION 9 BY ME. JANUZZI, 10' Q. Hr. Seger, l'l.Y naI'lB Is Karl Januzzl. I represent 11 Lori Azar. The good neus Is l'Iost of the questions I was 12 gOiM to ask have already been asked so ue shouldn't be too 13 long. 14 Just gOing back to these pictures asaln, so 15 that's the dirt piles that uere In place uhile you uere 16 dOing the job? 17 A. Yes, I uould believe so. 18 Q. Okay. There'S no dirt on the sideualks. right? 19 The sldeualks are clean? 2l!l A. It looks fairly clean, yes. 21 Q. You Youldn't pile dirt UP on the sldeualk? 22 A. No. BasicallY, no, because of the l'Iess it would 23 nake. 24 Q. And you said that nOli YOU have a little 2S different procedure when yOU leave the job; YOU -- \.1I'lat is PAGE 57 SHEET 15 1 It? A. cinder block you put on the string? 2 A. Whatever ua have. SOl'lstlrteS ue'U floP a 3 uheelbarl"Ol.I over it. I rean, !,Ie Just are a UttLe \'\Ore <I carefUL. 5 g, But it's not sonethlng elaboratei It's sOMething 6 very siMPle that YOU Just do? 7 A. correct. 8 Q. So people knOll not to "alk uhere that string 9 line Is 901n9 across the sldeualk? 10 1\. correct. 11 Q. rakes five seconds to put sonething down there? 12 A. '1es, sir. 13 Q. 'Iou said that -- 1'1'1 a little confused here. Is 14 your ePlPloyar QFS or 11IHereek? IS MR. DEARDORFF: CurrentLy, \4ou f'lean? 16 BV HR. JAHUZZT, 17 Q. Yes. 18 A. currentlY It.s l1illcreek Fence &. Farl'l SysteM. 19 Q. And you said that Hlllcreek still uses subs to ~ do tb.e fencing Just Uke tl\ey used ~- 21 A. Our office does, ges. 22 Q. Just like they used to use you to do fencing 23 work 24 A. Yes. 25 Q. -- uhen yOU yere a subcontractor. 00 they also PAGE sa 1 have their oun erwlo\lees that go out and. do any of these 2 Jobs? 3 A. Out of Lancaster, yes. 4 Q. Is More of the york done by subcontractors, or 5 Is More of the uork done by eMPloyees? 6 ,.,. !t\at I t\ave no \lay of knoulna. 7 Q. Okay. These subcontractors. they have a B tendency to cone and 510. or Is I t pretty I'lUCh the saMe 9 contractors year in and year out? 10 A. It's pretty l'Iuch the saJ'le contractors. Il'Iean, 11 I YaB \Il tt1. then, and the guy that's !,II th us WJ!,I has been 12 there prObablY about tuo years. 13 Q. Okay. They onlY have one subcontractor nou? 14 A. Yes. Well. that does fencing. 15 Q. Okay. Then there's other subcontractors Into -- 16 A.. Decks and railings. 17 Q. If this contractor uas not -- this 18 sUbcontractor, uho Is it, 'bY the Yay? 19 A. It's l'Iy nepheu. 20 Q. Okay. Huckey? 21 A. Yep. 22 Q. Is it Hockey or Huckey? 23 A. Huckey. 24 Q. Hou old Is Huckey? 25 A. 26. 28, sonethlns like that. PAW! 5B 57 59 1 Q. OkaY. SO he'S the only sUbcontractor right no\! 2 that's doing fencing? 3 A. Correct. 4 Q. If he'S not getting the jobs done on tiMe, Is he 5 In Jeopardy of losing his subcontractor business \.11th S HI Ucreek? 7 A. Yes. Yes. We'd have to bring sOMeOody Digger 8 In. S Q. When YOU said that YOU yare subbing for 11/1 Hllll:reek, you Yeren't dOing \.lark for anyone else? 11 A. No. 12 Q, So even though YOU had this T&T Fencing and 13 dolDlI fencing uork, yoU only did fenctng york for 14 Hi llcreek? 15 ).. 'Ves. 16 Q. Old YOU do -- did 1&1 Fencing do anY york for 17 anyone else, nonfenclns uork, any other type of uork. for 18 anyone else? 19 A. No, no. 2i1 0., So the onlY -- for the three years that UT 21 Fenc I ng uas I n bus I ness -- 22 A. UI'l-hUl'l. 23 Q. During that three-year period of tine, did YOU 24 do any \lark of any type for any other general contractor or 25 COr\PUI\Y other than Klltcr-eak? PAGE 1~0 58 sa 1 A. No, not that I can renel'lber. I l'Iean, I don't 2 thinl< I done any even sl'Ia11 job for anybody that I can 3 recall, no. 4 0.. I \las laoktng through a, SOfte note that sOl'lebodlJ 5 had taken here. It said that. looks like MayDe an 6 insurance COMPany for Klllcraek Fence, that the sub does 1 have tuo el'lPlol:lees. Do YOU kno\l uhere that InfoTMatlon e Might have COI'l6 frOM? 9 A. No, sir. 10 Q. Did YOU ever have tuo enployees? 11 A. No, slr. I never had: an el'lployee. 12 Q. You ,never have? 13 A. No. 14 Q. Old yoU ever have any -- yoU said a pair of 15 hands. Did YOU ever have a pair of hands other than 16 Hucke'd? 17 A. Occasionally I used other school kids in the 18 sunner. My daughter'S bOYfriend helped l'Ie a little bJt 19 \.Ihen :she yas seeing hi!"l occasionallY; stuff like that Is 21/1 all I ever had. 21 Q. ~d uas l t the sane type of deal. !:IOU had uith 22 HUcke!J uhere You'd pay these guys a feu bucks on the side? 23 A. Correct, Yes. 24 Q. There's also a note In here that you uere 90ing 25 to hand Ie It yourse 1 f but t hen YOU spoke u I t h personal PAGE 61 SHEET 16 1 counsel uho advised you to report It to your insured. 2 A. I have no Idea. Like I say, 1'1'1 not even sure 3 uho told "e. I knou it CBI'IB fron the office that there \las 4. an accident. and I renewer calling Dean. And then the 5 only thing I did \las call Dave back and told hln \Ie had a S problen. 7 Q. You never talked to anY lalJ\Jer aDDut this 8 situation? 9 A. No, sir. 10 Q.. Md. the neterlals. again, YOU'd get those all, 11 It uas all set asl de -- I t was all -- Mlllcreek purChased 12 the naterlals and they t1ad the" all ready for you? 13 A. Yes. 14 Q. Designated as the !'Iaterlals for any particuLar 15 Job? 16 A. Yes. Like I said. vhen yoU 90t this paper, 17 you'd get a l'l8terial list. Wlth that is hOIl "any sections 18 you need, hDU nanY posts you need and that uas for that 19 job. 2il Q. You said that rarely Dut on occasion "aYbe 21 601'1600e frOM Killereek uould cone out to the Job sl te If 22. tt\ere vas a Pt'Gblen of sane sort or you didn't unOerstam3 a 23 particular uork order or 60l'letl11091 24 A. Correct. 25 Q. 00 YOU rel'lel'lber If amrone frOl'l Hi llcreek hael to PAGE 62 1 cone out to the Job at the Fry's OO!\e at all? 2 A. I would sag tYPically probably not because It 3 looked fairlY siMPle. It CBM out, \.lent UP the side and 4 uent back Into tM garage, so there shouldn't have been a 5 problel'l that I \.Iouldn't have understood or anything like 6 that. 7 Q. But you don't have an independent recollectlon B as you sit nere no'l;l? 9 A. No. I Clon't recall talking to anybodY else on 10 the Job. 11 Q. You 'I;Iere asked SOM quest Ions about a bUilding 12 perl'll1. and YOU said that that uas UP to the hOI'lE!Ouners to 13 get the bulld.lng pernlt? 14 A. Correct. 15 Q. Do you knou I f the FrY'S had one for this 16 part lcular job? 17 A. That I can't ansuer. I never really checked for IB any. 15 Q. Were YOU supposed to check to see I f the '20 hOl'leouner hac a buill1lng perl'llt before yoU did this Job? 21 A. Not to "9 knouledge. I didn't knou I uas 22 supposed to ualk UP and see if there uas a perl'll tin the 23 ulndau. It loIas their responsibility to get one. We 24 asSUl"led they got one. 25 0.. Okay. But no one frOI'l MlllereeR said, 10M, YOU PAGE 63 61 63 1 need to Make sure that the hOl'leouners have a building 2 perl'llt before yOU start doing this uorR? 3 A. Correct. 4 Q. Correct, no one ever said that to you? 5 A. Right. Nobody ever stated that I had to look 6 for a perl'llt. 7 Q. And YOU said you never got thel'l yourself? B A. No, we don't. 9 Q. Huckey, does he have a COl'IPany set UP, or Is It 10 Just an 1nt1lv\!jual. Is he just an lnl11vidual? 11 A. I'n not sure hOW he'S doing It. I think he uent 12 and !~ot a business license and -- well, he gave Me his 13 certificate of Insurance, As far as el'lPloYees and stUff, 14 I'I'l 110t sure hall he'S doing that, 15 Q. You said that after this IncIdent ulth the Frll'S 16 yoU l!nded Ul Fencing or stopped working under the naMe T&.1 17 Fenc lng? 18 A. Yeah. 19 Q. Old YOU do anything In particular to dissolve 2l!l 'I&t Fencing at aU? 21 A. No. It wasn't that big. I uas the only -- 22 tL YOU just didn't do uork under -- 23 A. I Just didn't do uork under T6T Fencing at all. 24 I didn't have the Insurance and stuff to do anYl'lore. 25 Q, Okay. $0 YOU never got insurance asaln after pJ\GE 104 62 64 1 this Incident? 2 A. No. 3 Q. You said that tMre uere t1l'1es uhen YOU uould 4 occas,IOnallY put UP barricades across ualkuays before this 5 incident? 6 A.. Yes. 7 Q. What vould you use? 8 A. Just as I stated. like a wheelbarrou or a 9 sauhorse If ue had one or sOl'lethln9 like that. \Ie usuallY If.! koeu what ue uere getting Into. Like I say, If ue uere 11 putttng sa~ethtng along a PUblic side~aLt ~here there vas a 12 lot of traffic or so~ethlng, ue uould do sonethlng 13 necessary. 14 Q. lrIas that sol'lethlng YOU did on your oun, or uas 15 that sOl'lethlng that Mlllcreek said, heY, If you're ever 16 doing this ty~e of Job and YOU're gaIns to !lave a strIng 17 across a busier type sidewalk -- 1B "'. Bas I callY 'Your OlJn J Udgnent. 'We d I On 't have a 19 stipulation If More than five people walk past here, YOU 21!1 got t,~ do this and thIs: if More than ten ualk by, yoU got 21 to -- nothing like that. You baSiCallY use your aloin 22 J udgl'll;,n t . 23 Q. We're \'lavIng a litHe problet'l here because YOu 24 start to ensuer "y questions before I aM finiShing l'lY 25 quest ion. I knou YOU know uhere 1'1'1 going, but the court PAGE 55 5HEET 17 1 reporter Is going to have a hard tlM uritlns doun or 2 transcribing uhat I'n saylns at the sane tiMe you're 3 talking. So If YOU lIould Just ualt until I finish MY 4 quest i on before you st art ansuer I ng. 5 "'.! apologtze. 6 C. That's all right. EverybodY does It. 7 IPause. I B MR. JANUZZI: That's all the questions I have, S sir. Thank you. UI HR. BRUMBAUGH: I Just have a coupLe of q,ulck 11 follou-UP quest ions. ~ ~~~~1~ 13 BY HR. BRUMBAUGH: 14 Q. When you lIould dig the holes for the posts, 15 uould YOU dig thePl l'lanUally. or uould you use an auger? 16 Hau lIQuld you dig theM? 17 1\. We have a couple dl fferent ways that -- \18 18 probably had' a nachine on the Job. What It Is or uMt It 19 was -- I don't recall anYMOre -- ue hac:! a tractor that ue 2l!1 used. and ue had a little beaver "hleh lJas a hand auger. 21 Which one \Ie had specifiCallY out there, I can't tell you. 22 Q. No\!, you also Mentioned yoU uork in -- or strlll.e 23 that. You also nant loned that MIllcreek has several 24 offices? 25 A. Correc:t . PAGE 66 1 Q. Which office do YOU \lork In? 2 A. CaJ'Il) Hill. 3 Q. Is that their l'l.aln office? 4 ,.,. No. 5 Q. Where's their Main office located? S A. Lancaster. 7 Q. Do they have other offices other than CarlP Hill B and Lancaster or Just the tuo? 9 A. Not that I knou of. Just the tuo. 10 Q. And you Mntioned that In CaI"lP Hill you use Just 11 subcontractors for your Jobs? 12 A. Correct. 13 Q. And It's lust one subcontractor that you ha'Je 14 currently? 15 ,.,. For fencing, Yes. lS Q. Does the Lancaster office also use 17 subcont ract ors I n add I t I on to eMP loyees? 18 A. Not to l'Iy "nouledge. 19 Q. They use just strictlY eMPlOyees? 20 A.! beUe\lB so. 21 Q. Do they also do fencing uork? 22 A. Yes. 23 Q. I'M going to jul'IP around a little bl t. the 24 house that YOU live In on the 5tonearch Road, do YOU oun 25 ttlat house? PAGE 67 55 57 1 A. No. Dave does. 2 C. Dave Beiler does? 3 A. Yes. 4 C. Do YOU rent It frO" hi"? 5 A. No. I nake the Mortgage paYMents on It. the S !'lort!;age is -- he's the cosigner on the !'lortg89'e. 7 Q. You say he's the cosigner on the I'IOrtgage. Is B the "ortgage I n your nal'le? S A. Yes. 10 Q. But Dave Beller cosigneO the nortgage for you? 11 ,.,. Yes. 12 Q. And did YOU enter Into this arrangeMent before 13 YOU began uor"ing for hiM? 14 A. No. This Just happened In NoveMber. 15 Q, it\ls past Kovel'\ber? lS A. Yes, sir. 17 Q. But YOU've been llving In that address, I 18 belle!ve, 12 years you said? 19 A. Yeah. We Quned the property, and Dave tlelped us 20 bUY the double-utde to put on tt. 21 Q. 50 the l'Iortgage Is strictly on the house. 22 Itself, then? 23 ,.,. No. The ground uent UP for collateral too. 24 Everything Is UP. 25 Q. Do YOU Qun any other properties? P~fiB 55 5B 1 ~. No, sir. 2 Q. And before I forget, you have the right to read 3 the transcript the court reporter prepares and to sign It, 4 and Y':IU can l'Iake any corrections If there'S any spelling 5 Mlstal~es in It or ~- but YOU don't have to. B Would you ~ant t~e oPPortunlt~ to re~ an~ sisn 7 the tl~anscrlpt of the deposition? 8 A. Yes, please. S MR. BRUMBAUGH: I uant to Make sure ue dl~ that 121 beforl! I forgot. I don't have any fUrther questions. 11 MR. DEARDORFF: Just a couple follo\l-JJp. 12 EXAM~AIlON 13 BY MR OEARDORPF, 14 Q. Nou, do YOU and your uife both oun the land 15 where you II ve nou? 16 A. lJe did, but ue put the land uP for coUateral; 17 but It uasn't enough, so Dave eoslgnec!. So tne ground is 1S UP fOT' collateral, but Dave IS on the loan nOll. 19 Q. And that's ui ttl the ban"? 2" A. Correct. 21 Q. But if sOl'leone uas to look UP uho's on the, In 22 the cCiUrthouse, utlo's ttle ouner of Ulis land, It uould be 23 you and your r.l i fa? 24 A. Correct. 2S Q. \rn1en yOu bought the land, it uasn't Just yOU: It PAGE 69 SHEET 18 1 lias both of !:IOU. right? 2 A. I believe SQ, Yes. 3 Q. NOli, then, uhen YOU bought the housing unit to 4 put on the land. did YOU Just bUY It I or did YOU and your 5 wife bUY It. or ho\.1 did that uork? 6 A.. No, I think that's In both our naJ'\es too. 7 Q. Okay. In all your experience putting In 8 fencing, I guess for about ten years or SQ, has anything 9 like this ever happened before uhere SOMeone tripPed and Ul fell and got hurt? 11 A. No, sir. 12 Q. Based on that. did: yoU vlell your actlvlty in 13 doing this fencing t.1ork, as YOU did as T&.7 Fencing, did you 14 vi eu that act I vi ty as a dangerous type of act J vi tv? 15 A. 1'1'\ not understanding, 16 Q. Well. let's say if yOU're In an actlvltll uhere 17 people get hurt frOI'! tl1'l8 to tll'le, or, like. blasting, 18 YOU're a blaster. or if, let's say, you're In an activity 19 that's high risk like working In, uP on the 100th story of 20 a skyscraper or sOMething like that, uhat 1'1'1 asking YOU, 21 did YOU see your activity as one that's risky uhere SOMeone 22 night get hurt the next day or uhether It was pretty 23 A. No, I didn't think It uas that risky. 24 HR. DEARDORFF: Okay. That's all I haVe. 2S HR. JANUZZI: I have nothing fUrther. PAGE 7m 1 2 3 4 5 6 7 8 9 1m 11 12 13 14 is 16 17 18 19 2m 21 22 23 24 25 fThe deposition concluded at 4:30 P.M.) 69 7m PAGE 71 71 1 2 3 4 S 6 7 8 9 1m 11 12 13 14 15 16 17 18 19 2m 21 22 23 24 25 COI1lIONWEI\LIH OP PENNSYLVANIA COU~IIY OP CUII8ERLAND SS. I, AMY R. FRnZ. R.P.R., a Court Rep()rter-Notary Public authorized to adl'llnister oaths and take, depositions In the trial of causes, and having an office In Carlisle, PennsYlvania, do hereby certify that the foregoing Is the testiMony of THOMAS L. SEGER. I fUrther certify that before the taking of said deposition the witness uas duly suorn; that the questions and ansuers vere taken down stenotype by the said Reporter-Notary, approved and agreed to, and afterwards reduced to cOI'IPuter printout under the direction of said Reporter. I fUrther certifY that the proceedings and evIdence are contained fully and accuratelY In the notes taken by Me on the within deposition, and that this cOpy IS a correct transcript of the sal'le. In testll'lOny whereof, I have hereunto Inscribed I'lY hand this 14th day of June, 2l!l0S. ~ VV-k In~~ . ~ /I .Uj- o ary . Ie ; CERTlFICA TE OF SERVICE: AND NOW, this 25th day of July, 2005, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Kart J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Daniel Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Thomas Seger T/A T&T Fencing Route 1 Millerstown, PA 17062 THOMAS, THOMAS & HAFER, LLP ~~~ Thomas S. Brumbaugh ....""" I;) " c', ~::'?, "_J" (.-:-: (:) -';"1 .--\ :~ri71 , '!"-'') G". .,.\ '.J i-) -"~- i 1.,/ n1 f.,! cy, ""..,' w PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritteu aud 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) LORI AZAR, (Plaintiff) vs. DAVID S. BEILER t/a MILL CREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY, and THOMAS SEGER t/a T & T FENCING, (Defendant) (s) No.06369-2003 , Civil Term I. State matter to be argued (i.e.. plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant Beiler's Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: Karl J. Januzzi, Esq., 2225 Millennium Way. Enola. PA 17025 (Name and Address) (b) for defendant: Thomas S. Brumbaugh, Esq., 305 N. Front St., Harrisburg, PA 17108 (Name and Address) Daniel K. Deardorff, Esq., 10 E. High St., 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: August 24, 2005 V)._J K. Lt1I Signature Daniel K. Deardorff, Esquire Print your name Date: August 1, 2005 Defendant David S. Beiler t/a Attorney for "Mill Creek Fence & Farm Systems c) ...., 0 = ~, = "11 CJ' ~'::' ..... -,.. -n G:. fi1 f--:::' -;') !--'--~ / '- --::-1 r:'-? . 0 :J~ -" F: \FILES\DA T AFILEIDonega13050lCurrentU52\pra l/ajt Created: 7/27/05 4:20PM Revised: 7/28/05 8:15AM 3050.252 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.D. 17837 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Attorneys for Defendant David S. Beiler tfa Millcreek Fence & Farm Systems LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06369 - 2003 CNIL ACTION - LAW DAVID S. BEILER tla MILL CREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY and THOMAS SEGER tla T & T FENCING, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Attached hereto is the deposition of Thomas L. Seger, one of the Defendants in this case. His deposition is relevant to the Motion for Summary Judgement filed by Defendant Beiler. Please include this deposition with the record in this case for consideration by the Court with regard to Argument Court on August 24,2005. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO By D~~i.~}2:;~pi 1. D. Number 17837 10 East High Street Carlisle, PAl 7013 (717) 243-3341 Date: August 10, 2005 Attorneys for Defendant David S. Beiler tla Millcreek Fence & Farm Systems 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MlNUSCRIPT 1 1 LORI AZAR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, 2 vs. NO. 2003-6369 3 DAVID S. BEILER T/A CIVIL ACTION - LAW 4 MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, 5 MAXINE FRY and THOMAS SEGER, T/A T&T FENCING,: 6 Defendants. : JURY TRIAL DEMANDED 7 8 9 (C(Q)[p1f DEPOSITION OF: THOMAS L. SEGER TAKEN BY: Defendant Frys BEFORE: Amy R. Fritz, R.P.R. Notary Public DATE: May 23, 2005, 3:00 p.m. PLACE: Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, Pennsylvania APPEARANCES: SHOLLENBERGER & JANUZZI BY: KARL J. JANUZZI, ESQUIRE FOR - PLAINTIFF " ,- ---.::;;:~, /7;;7":( ::.::- /i.',:~!5',~, Ji;' f ..., ,',,' //(~j:r.7;:"-."..".".~~.'.jl! ntralcvlvania ../. l'I!r.-</i'#)} ~I-'_ f ,... . .!~,j rt Reporting Services .,< u . JiIOO-863-3657 . 717-258-3657. 717-258-0383ftx cau rtreporterJ4 U@flo/.cOJn PAGE 1 SHEET 1 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 LORI A2AR, Plaint I ff, IN THE COURT OF COKHON PLEAS CUHlIERLANO COUNTY, PENNSYL VI\NIA NO. 2ll03-6369 crvTI. ACTION - LAW JURY TRIAl. OEIIANOEO THOttAS L. SEGER Defendant Frys Any R. Frllz, R.P.R. Notary Public Hay 23. 2805, 3:BS P.M. ThOMas. Thonas . Hafer. LLP 305 North Front Street Harrisburg. PennsYlvania APPEARANCES, SHOLLENBERGER . JANUZZI 8Y, KARL J. JANUZZL. ESQUIRE FOR - PLAINT""F VS. DAVID S. BETI.ER VA "Il.1.CREEK FENCE. PARIl SYSTEltS. GUY FRY, ItAl(INE FRY and THOttAS SEGER, T fA UT FENCING, Defendants. DEPOS IT ION OF, TAKEN BY, BEFORE, DATE, PLACE, APPEARANCES lCont'd) IWlTSDN. DEARDOREJ:._~n.LIA>IS . OTTO BY, DANIEl. K. D"""",,RFF.. ~SQUIRE FOR - DEFENDANT "<ucCREEK THOttAS, THOttAS . HAF~~~"LLP BY' THOttAS S. BRUItB....., ESQUIRE FOR - DEFENDANTS GUY and ItAl(INE FRY PAGE 2 2 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 PAGE 3 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 ALSO PRESENT: Lor I Azar 3 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 INDEX TO TESTnroNY DEPOIIENT EXAIIINATION ThortclS L. Seger By HI". BrUMbaugh By HI". Deardorff By HI". Januzzl PAGE 4,65 42,68 56 INDEX TO EXHmITS NO. DESCRIPTION 1 QFS Factory Outlet Proposal 2 QFS Factory Outlet gUidelines PAGE 23 40 PAGE Ii 4 ST IPUl.AT ION It Is hereby stipulated by and between the respective parties that all objections except as to the forM of the question are reserved until the tl~ of trial. THOKAS L. SEGER. called as a Witness. being duly sworn, uas exanlned and testified as follows: EXAIIINATIOH 8Y t1R. 8RUltBAUGH , Q. HI". Seger. MY nana I s ThOMas BrUMbaugh, and I represent the Frys In a l~sult that uas filed against theM and yourself. as well as David Beller. by Lori Azar. This Is In reference to an Incident that occurred on Harch 5th, 2llI!l2. Nou, I understand YOU are not represented by counsel In this action? A. Correct. Q. Okay. You've been here. asked here today, or sent a notice for your deposition. Have YOU ever been thrOUgh a deposl tlon before? A. No. Q. The deposition is the chance for the lauyers and the other parties In the action to ask YOU Questions under oath, to sit clown like we're doing here face to face to ask CENTRAL PENNSYLVANIA. COURT REPORT DIG SERVICES PAGE 5 SHEET 2 1 YOU Questions. 2 You have been placed under oath. and your 3 testinony tOday can De used at the trial In this ~atter. 4 Do YOU underst and that? 5 A. Uh-huh. 6 Q. Okay. And yOU ans~ered Uh-hUh. ~hlch Is another 7 one of the Instructions that I have to give to YOU. The B court reporter is taking doun your testl~ny. both the 9 questions that ue ask YOU today and your anS\lers, and 1~ she'll be naklns a booklet of the urltten testlnonY, 11 Because of that. It's iMPortant that YOU do 12 ansuer questions -- for Instance. If the answer Is a yes, 13 that yoU answer yes and not uh-huh because uhan you read 14 the transcriPt, you're not going to knou uhat the answer 15 Is. Fair enough? 16 A. OkaY, 17 Q. If I ask you a question or If any of the 18 attorneys ask you a question and yoU don't understand the 19 question. please let us know that YOU don't understand the 28 question and ask us to rephrase It. 21 We're not here trying to trick yOU. We're Just 22 trying to find out uhat yoU knou and InforM.atlon that's 23 pertinent to the lausult. 24 A.. Okay. 25 Q. If I ask yoU a question, for Instance, If It PAGE 6 1 Involves a date or a tine and YOU can estl"ate the tiMe or 2 the distance or sonethlng along those lines, let us knou 3 that you're estlMatln9, but don't take a guess. If yoU 4 don't renenber sonethlng, because this does go back several 5 Years, If YOU don't renenber, Just let us knou that yoU 6 don't renel'lber. 7 A. 11.11 right. 8 Q. And If at any tine you need to take a break, let 9 us knou. I don't anticipate that we're going to be here 18 terribly long; but If YOU need to take a break for any 11 reason, please let us knou. 12 A. Okay. 13 Q. Are YOU taking any type of nedlcatlon today that 14 uould affect your ability to ansuer questions truthfUlly? 15 A.. No. 16 Q. And In preparation for the deposition todaY, did 17 YOU revleu any docunants? 18 A. No. 19 Q. Did YOU Meet ulth any people to review for the 29 deposition or prepare for the deposItion? 21 A. No. 22 Q. Did YOU happen to go back to the scene or do 23 anything at all to prepare for the deposition? 24 A. No. 25 Q. Okay. And Just for the record, would YOU please PAGE 7 5 7 1 statl~ your full narte? 2 A. ThOMas L. Seger. 3 Q. Would YOU spell your last nane, please? 4 A. S-e-g-e-r. 5 Q. What Is your current hOMe address? 6 A. 3988 Stonearch Road, Mlllerstoun, Pennsylvania, 7 17esc~. 8 Q. Stonearch. Is that one uord? 9 A.. Uh-huh. Ie Q. That's a yes? 11 A. Yes. 12 Q. That's very hard to do. 13 And hou long have YOU been living at that 14 addrE!Ss? 15 A. 12 years. 16 Q. Who lives at that address with you? 17 A. My ul fe and MY daughter. 18 Q, What Is your ulfe's nane? 19 A. TaMY. 20 Q. Hou long have YOU been Married? 21 A. Dh, boy, 22 Q. That's a tough one. 23 A. 13 years. 24 g, And how old Is your daughter? 25 A. 22. PAGE :9 6 8 1 g, And her naMe? 2 A, Katie. 3 g, Do you have any other children? 4 A. No. 5 Q. And what Is your date of birth? 6 A. 1812616!. 7 Q, And your Social Security nunber? 8 A. 2BS-52-S3S3. 9 Q. What Is your highest level of education? 10 A. 9th grade, 11 g. And uhere uas that, uhat school? 12 A. pequea ValleY, 13 g. And are YOU currently eMPlOYed? 14 A, Yes, 15 Q, And who do you uork for? 16 A, Mlllcreek Fence & FarM. 17 Q, And ~hat Is your jOb there? 18 A. I'n an installation coordinator, 19 Q. And hou long have YOU been enployed there? 28 A, I don't understand, Is that ulth uorking for 21 then. or how long have I been ulth theM? 22 g. Well, I understand YOU are an enployee nou of 23 Hlllcreek? 24 A. Yes. 25 C, Hou long have YOU been an el'lPloyee? PAGE 9 SHEET 3 1 A. About tuo and a half nonths. 2 Q. Nou, before YOU uere an eMPlOYee. YOU did york 3 for then as uell? 4 A. Yes. 5 Q. Okay. Were yoU -- hou uere YOU eMPloYed back 6 prior to tuo and a half nonths ago? 7 A. Subcontractor. 8 MR. DEARDORFF: And I uould object to the forM 9 of the question since If he uas a Subcontractor. he uasn't 18 really eMPloyed. You knou uhat I ~an? He uasn't an 11 enployee. 12 So I uould say, you knou, hOu, uhat uas his 13 arrangenent or uhat uas his, uhat uas his situatIon uith 14 Hlllcreek as opposed to hou uas he eMPloYed. 15 MR. BRUMBAUGH: Well. right. And I think the 16 objection Is MOre to his ansuer than the question. But, 17 yeah. I'll clarifY that. That's no probleM. lB BY MR. BRUMBAUGH, 19 Q. Nou, prior to becoMing an eMPloyee of HIllcreek 28 Fence &. Far". I tmderstand you uorked or did uork for 21 Hlllcreek Fence &. FarM? 22 A. Yes. 23 Q. And YOU did that uork as a subcontractor? 24 A. Yes. 25 Q. Were YOU In business for yourself at that tine? PAGE lB 1 A. Yes. 2 Q. Were YOU Incorporated? 3 A. No. 4 Q. Hou did YOU do business? Under Just your narle, 5 or did YOU have a COMPany nane? 6 A. I uorked under T&.T Fencing. 7 Q. 1&1 Fencing? 8 A. Un-hun. 9 Q. And that uas a sole proprietorship? 18 A. Yes. 11 Q. And hou long did yoU do business under the naM 12 of 1&.1 Fencing? 13 A. Three years. 14 Q. Do yOU currently do uork under the nane 1&1 15 Fenc I ng? 16 A. No. 17 Q. Old YOU stop once YOU becane an eMployee of 18 Hlllcreek Fence &. FarM? 19 A. Before that. 2B Q. ApproxiMatelY uhen did YOU stop? 21 A. ActuallY I stopped uhen this actuallY happened. 22 Q. And by this, yoU nean the Incident that uas -- 23 A. Correct. 24 Q. Old yOU do any type of uork at all, or uere YOU 2S eMPloyed at all frOM the tine that YOU stopped uorklng as PAGE 11 9 11 1 T&1 Fencing and the tlM that YOU becaJ'le eMPloyed by 2 11111creek Fence &. Farn? 3 A. Yes. 4 Q. And vere yoU eMPloyed by anYbody? 5 A. Yes. 6 Q. And uho uere YOU eMPloyed by? 7 A. Hlllcreek Fence & FarM. 8 Q. Okay. Perhaps I uasn't clear. Oh, did yOU do 9 uork for then as a SUbContractor, Just not under the nana II!! of UT Fencing? 11 A. Correct. 12 Q. Okay. You did uork Just under your oun nane? 13 A. Correct. 14 Q. Old anything change other than the nane under 15 \Jhlcll yOU did business? Old your \lark still stay the SarIe? 16 A. Yes. 17 Q. Old yOU still get paid the sane \lay at that 18 point? 19 A. Yes. 2l!l Q. When YOU uere uorklng for Hlllcreek Fence &. Farn 21 under' the nana of 1&1 Fencing. haY did YOU end uP getting 22 \Jork fron Hlllcreek? Would YOU bid on It, or did YOU Just 23 \Jork constantly for then? 24 A. I Just \Jorked straight for then. 25 Q. Old YOU uork for anybody else other than PAGE 12 lB 12 1 Hlllc:reek Fence &. FarM at that tine? 2 A. No. 3 Q. And hou Many hours a \Jeek did YOU york for then 4 on average? 5 A. That varied betueen SUMMer and ulnter. I really 6 have no yay to average It. 7 Q. Old yoU uork a set schedule \11th then during the 8 Slll'll'lEir? 9 A. I had a certain anount of uork I had to get 18 done. They set the schedule. and I Just had to get It 11 flnls;hed. 12 Q. Old you have to bid on jobs, or did they Just 13 assls,", Just line up the uork for you to do? 14 A. Yes, they Just lined it up. It uas quoted and" 15 estlr:lated by then. 16 Q. Old yoU have any input at all Into the uork that 17 Yas quoted? 18 A. No. 19 Q. Old you see the quotes that uere prepared at 28 all? 21 A. Only uhen I 90t MY paperuork. 22 Q. And uhen uould YOU get paperuork frOM Hlllcreek? 23 A. Right before I started the Job. 24 Q. And uhat type of paperuork uould YOU get? 25 A. Just a fact sheet ul th the contract ui th the PAGE 13 SHEET 4 1 people's naMe. address. uhat the Job required as far as 2 type of fencing. hou nany feet It uas. color. that type of 3 stUff, a draulng and a nap, direction of uhere It's at, 4 Q. And uould YOU get this right uhen YOU uere readY 5 to begin uorklng at that place? 6 7 8 8 18 11 12 13 14 footage rate. 15 Q. When they paid YOU, did they pay YOU by check? 16 A. Yes. 17 Q, Do yOU knou, did they deduct anything frOM your 18 paycheck; any taxes, Social Security? 19 A. No, 2B Q. They did not? 21 A. Right. 22 Q, At the end of the year, did they give YOU a 1099 23 forM? 24 A. Yes, 25 Q. Fran the tll'le for after this Incident occurred A. Yes. Q. At that residence or location. I should say. A. Yes. Q. Was all the uork that YOU did residential? A. Yes. Q. And hou did YOU get paid? Was it based uPon the hour, the Job. a percentage of the contract cost? A. The Job. I 90t paid by the Job. It uas a PAGE 14 1 until YOU actually becane an el'lPloyee, did the procedures 2 and the uay that YOU uere paid and everything stay the SaMe 3 other than It being under your nMe? 4 A. Yes. S Q. Nou. I believe YOU had said that YOU uere 6 uorklng under the nane of 1&T Fencing for three years or 7 approxlnately three years? 8 A. APproxlnatelY. 9 Q. Prior to that tlfte. did YOU do any uork for 10 Hlllcreek Fence & Far" as an enployee or subcontractor? 11 A. No, because Hlllcreek Just bought QFS at that 12 tine. 13 Q. Nou, during this period of tine that yoU uere 14 uorklng as 1&T FenCing for Mlllcreek, uere YOU specifiCallY 15 uorklng for Hlllcreek or Qfl'S, or do YOU knou? 16 A. That I don't knou. t don't knou hou It uas set 17 uP. 18 Q. When YOU got your 1099 forM, do YOU recall 19 uhether or not It uas fron QFS or Mlllcreek? 2f1I A. That cane frOM Mlllcreek under Dave Beller, 21 Q. What vas the nane again? 22 A. Dave Beller, cane under MIllcreek, correct. 23 Q. And YOU nentloned apprOXiMatelY three years 24 prior to this Hlllcreek bought QFS? 2S A. Yeah. I'M not sure exactly uhen. It's ulthln PAGE 15 13 15 1 this tine frane. last three or four years is uhen Dave 2 actUiHIY ouned QFS. 3 Q, And uho ouned QFS before that. If YOU knou? 4 A, I don't knou uho he bought It frOM. S Q. Did YOU do any vork for either Dave Beller or 6 QFS prior to the tiMe that Hlllcreek bought QFS? 7 A. Yes. 8 Q. And uho did YOU uork for; QFS or Dave Beller, or 9 both'~ IB A. QFS -- I'" not understanding. QFS uas ouned by 11 SOMebodY I n Lancaster that Dave boUght It frOI'l. When Dave 12 boll9ht It. I started uorklng for Hillcreek. WI10 olJned QFS 13 and IIho paid ne, I don't -- our checks CMe through as QFS 14 at that tiMe. 15 Q. Perhaps I uasn't clear ulth ny question. Old 16 yoU lIork for QFS before It vas bought by Hlllcreek? 17 A. Yes. 18 Q. And YOU said back then you didn't knou uho It 19 uas ouned by? 20 A. Yeah. I don't knou uho ouned it nane ulse. 21 Q. Hou long had YOU been york I ng for QFS? 22 A. ApproxlnatelY four or five years before Dave 23 bOll9ht It. 24 Q. Were you a sUbcontractor for then, or uere YOU 25 an erWloyee of QFS? PAGE 16 14 16 1 A, A subcontractor also. 2 Q. Did your vork arrangel'lents and the vay that YOU 3 uere paid stay the sane uhen QfS uas sold to Hlllcreek or 4 Dave Beller? S A. Yes. 6 Q. Was It everything stayed the sane, your entire 7 Job and everything? 8 A. Yes. 9 Q. Prior to the tine that Dave Beller bought or 10 Hlllcreek bought QFS, did YOU have a SuPerVisor that YOU 11 reported to at QFS? 12 A. Cook Hostetter uas branch nanager. 13 Q, It vas Cook Hostetter? 14 A.. Correct. 15 Q. And he vas the branch "anager? 16 A. Yes. 17 Q. Did he renaln ulth QFS once It uas bought by 18 Hlllc:reek? 19 A. Yes. 20 Q. Old YOU continue to vork for hiM? 21 A. Yes. 22 Q. And uas he an enpleyee of QFS or Hlllcreek once 23 it UelS bought by Hlllcreek? 24 A, I believe so. 2S Q. At the tine that YOU uere uerking under the nane PAGE 17 SHEET 5 A. Q. A. Q. A. Q. other than A. Q. what type PAGE 18 1 A. I uorked for Glenn frOM '85 to '98, sonethlng 2 like that. 3 Q. And uhy did YOU leave Snyder Hiller Builders? 4 A. Thought I could Make It better on MY Dun. 5 Q. And that's uhen yoU began to york for QFS? S A. I'M urong on then dates. 7 Q. Okay, B A. Because MY daughter vas born In '82. I \lorked 9 for Glenn frOM about '00 to about '94. '95. SOMething like 1B that. I can't re~nber exactly. I knou It vas before MY 11 daughter vas born. That vas before '82. 12 Q. And uhere are they located? 13 A. Snyder Hiller? He'S out of Harysvllle. 14 Q. Is he still In business? 15 A. Yes. 16 Q. Nou, YOU nentloned Glenn? 17 A. Yes. 18 Q. And uho Is Glenn? 19 A. He'S Glenn Hiller. He'S part ouner. 28 Q. After YOU stopped \lorklng at Snyder Hiller, Is 21 that uhen YOU uent Into business for yourself and began 22 uorklng as a subcontractor at QfS? 23 A. Yes. 24 Q. At the tl~ of thIs Incident In Harch of 2002 25 uhen yoU uere uorklng under the nane of 1&1 Fencing, did PAGE 19 17 19 1 Hillcreek have any speCial requlrenents of yoU as a 2 subcontractor? Did you have to do anything such as 3 annuallY give the" any type of certifications or anything 4 along those lines? 5 A. Not to -- I'M not understanding. VOU Mean as 6 far as -- 7 Q. In order to be a subcontractor for HI llcreek , 8 did YOU -- did Hlllcreek ask YOU to do anything in order to 9 reMain as a subcontractor for theM? For Instance, did you 10 have to give theM any type of certificates? Old YOU have 11 to take any type of training courses, provide theM Ylth 12 cert I flcates of Insurance? 13 A. Certificate of Insurance ye had to have, a 14 license, and that's abOut It. We didn't gO through any 15 kind of training or anything. 16 Q. And uhat type of license did YOU have to have 17 for Mi llcreek? 18 A. Just a business nane. That's haY COMe It Yent 19 frOM Just nil' nane Into I&T Fencing. 2e Q. So YOU had that business naJ'\e registered? 21 A. Yes. 22 Q. Other than a business license. YOU Mentioned a 23 cert I flcate of Insurance? 24 A. Ves. 2S Q. HaY often did YOU have to prOVide that? PAGE j~ 18 20 1 A. Just once Is all, and It Yas on file. 2 Q. Old YOU have to prOVide then ul th any other 3 dacunentatlon? 4 A. Nothing that I can reMenber. S Q. Nou, yoU Mentioned uhen you uere uorklng for 6 Hlllcreek YOU uould -- uould YOU gO Into the office to get 7 your paperuork for each Individual Job? 8 A. Yes. 9 Q. Would yoU get the Jobs for, like. a veeklY IB basis. or hou often uauld you get the Jobs? 11 A. Job by Job. 12 Q. And uho uould give yoU the paperuork? 13 A. Whoever uas In the office. Basically -- Cook 14 "'as in charge as far as SChedUling and everything. 15 Q. And that's Cook Hostetter? 16 A. Correct. 17 Q. Is he st III eMPloyed by I1I11creek? 18 A. Ves. 19 Q. And "'hat type of uork did YOU do for HIllcreek? 20 Was It 11 "!ted to fenc I ng? 21 A. Yes. I did fencing, railing and decks. I nean. 22 anything that ue do. 23 Q. When YOU would get assigned to a Job, uould YOU 24 be the only sUbcontractor working on that Job? 2S A. Ves. PAGE 21 SHEEI 6 1 Q. Would anyone Fro~ CFS go out to the Job site 2 ulth you? 3 A. Occasionally If I had a prObleM or sOMething I 4 didn't quite understand. 5 Q. Was that the onlY tiMe that anyone frOM 6 Klllcreek uould COMe out Is uhen YOU had a probleM or 7 didn't understand sonethlng on the Job? 8 A. Correct, yes. 9 Q. After YOU uould finish a Job. ~ould anyone COMe 10 out frOM Klllcreek to Inspect the uork that YOU did? 11 A. SonatlMeS If there yas a probleM or SOMething. 12 Other than that, they Just did a satisfaction call. 13 Q. Nou, YOU ~ent ioned SOMe of the paperuork that 14 YOU uould get uhen YOU uould get the paperuork for a 15 particUlar Job, yOU nentloned a fact sheet. 16 A. ~-hun. 17 Q. That's a yes? 18 A. Yes. 19 Q. What Is the fact sheet? What Is on the fact 28 sheet? 21 A. It's Just a cover sheet, like I say. ulth the 22 people's nana. address. uhat stYle. type, height fence. hou 23 Many feet; Just odd stuff like that that I kneu uhat the 24 Job required. Then, like I say. there uas a draulng as to 2S uhere the fence uent and directions to get to It. PAGE 22 1 Q. Who prOVided the supplies for the fencing? Old 2 YOU gO out and bUY It. or uas that prOVided for you? 3 A. That uas provided. 4 Q. By Hlllcreek? 5 A. Correct. 6 Q. Nou, YOU Just nentloned that YOU uou1d get the 7 fact sheet uhlch has the nana. the address. the Job B requlrenents. You also nentloned a draulng, and that.s the 9 draulng uhere the fence uould go. IS that correct? 10 A. Ves, 11 Q. Vou Mentioned directions or a MaP to the 12 location? 13 A. Yes. 14 Q. And uould you get any other paperuork? 15 A, That uas basicallY It. SoMetlnes -- I'M sorry. 16 You uou1d get a list of Material, uhat U85 required for 17 that Job; 12 sections. 5 posts. uhatever, 18 Q. Would that Material -- vou1d the Materials be 19 alreadY set aside for you. or did YOU have a place at 20 Hlllcreek uhere YOU uent to Just pick out the supplies that 21 YOU uould need? 22 A, We had bins at the shop that each Individual Job 23 uent In. and that uas all done by nunber, The nUMber of 24 the Job uould gO In that bin. You uould take that naterlal 25 to that job. P AGE ~~3 21 23 1 Q. SO Hlllcreek yould already have asseMbled all 2 tile l'lateri als that you yould need for that Job? 3 A. Yes. 4 Q. Would YOU receive a copy of the contract for 5 each Individual job? S A. Just as far as the n8l'l6 and address, 11 ke I had 7 stated, not a legible contract of Yhat they actually urate B out. 9 Q. Nou. the Incident that occurred on Harch 5th. 10 20e2 occurred at the residence of Guy Fry, Do yoU knou 11 Hr, Fry? 12 A. Not personally. 13 Q, or do you knoy Mrs. Fry? 14 A. I've net her uhen ue started the Job. 15 Q. Prior to this Job, had YOU ever Met the Frys 16 before? 17 A. No. 18 Q. Do YOU recall Yhen yoU got this Job uhether or 19 not YOU sa~ a copy of the contract for the uork at the Fry 20 residence? 21 A, I'M Misunderstanding ~hat YOU're calling a 22 contract. 23 (Seger Exhibit No. 1 ~as Marked.) 24 BY HR. BRUMBAUGH, 25 Q. I'M going to shou yoU a dOCUMent that has been P AGE c~4 22 24 1 Mark8[J as Seger 1. If YOU uould please take a look at that. 2 A. IPeruslngdocUl'lent.1 3 Q. Do you recall ~hether you've seen this before? 4 A. Correct. 5 Q. And ~hat Is this docunent? 6 A. This Is uhat I ~as calling a fact sheet. cover 7 sheet. uhatever. Ihls Is uhat ue get Ylth the people's 8 nana. address and uhat the Materials reqUired for that JOb. 9 uhatnot. The only thing that's different on here Is the 10 BftOunt Is usually blacked out. I didn't see none of the 11 dollar aMOuntS. 12 Q. So YOU uould see a copy of this. and It has the 13 uord prOPosal at the top? 14 A. Correct. 15 Q, Except all the anounts uould be blacked out? 16 A. Correct. 17 Q. Do you knou on the copy that you uould receive, 18 uould It be Signed by the person that YOU uere doing the 19 uork for, or uould YOU receive an unsigned copy? 20 A. Sonatlnes they would black out -- uhat they do 21 Is uh'9n they Made Me this sheet, they would blank out uhere 22 It shows uhat this deposit and stuff Is. They uould Just 23 lay ~~other sheet, and I uould only get the upper half. So 24 a lot of tiMes I didn't see a signature. 2S Q. For the York that YOU uere doIng. do YOU knou PAGE 25 SHEET 7 1 Yhether either at the FrY's residence or other residences 2 are building perMits typically required? 3 A. As far as I knoY, that's the honeoYner's 4 responsibility. 5 Q. Old YOU ever get building perMits for any of the 6 Jobs that yoU did york on? 7 A. No. e Q. And uhat uere you Installing at the Fry's 9 residence? Ie A. PIcket fence, I believe. 11 Q. Nou, do you recall uhen yoU first \lent out to 12 the Fry residence? 13 A. 5onBYhat. 14 Q. Tell Me uhat YOU recall froM Yhen YOU first vent 15 out there. 16 A. When I got there, her MOM, or his MOM, or 17 SOMebody lives on the right-hand side -- they live on the 18 left-hand side of the residence. The fence uent across the 19 front, doun along the hedge rou, back Into the garage. 2B Then her ftOl'l got 80M!, but I don't rertel'lber i f 21 that Just ran straight UP the other side of the property 22 and back Into the garage or exactly uhere hers uent. 23 Q. And yoU uere -- Just to clarifY, YOU \lere the 24 onlY one \lorklng, Installing the fence at that tlMB? 25 A. Yes. PAGE 26 1 Q. At that tine, YOU \lere the only one present? 2 A. Well, I had a pair of hands there, a guy, but he 3 lIasn't an enployee. I had a helper, yes. 4 Q. You say he \las not your enployee? 5 A. He vas a pair of hands. 6 Q. And IIhat Is his nane? 7 A. I think It uas Hockey at the tiMe. a Q. Huckey? 9 A. Huckey, yeah. IB Q. 00 yOU knov his full n8l'le? 11 A. Leroy Hockenberry, Jr., I think. I think he'S a 12 Junior. 13 Q. And IIho yas he eMPloyed by? 14 A. He uas vorklng for a trUCking outfit as a 15 nechanlc or sonethlng at the tine, but I couldn't even 16 begin to tell YOU uho that uas. 17 Q. Vas he being paid to help you? 18 A. No. He'S a nepheu. 19 Q. Oh, he'S your nepheu? 2B A. Yeah. That's uhat I'M saying: he lias Just a 21 pair of hands, but he uas present on the Job. 22 Q. Old YOU bring hiM along on Jobs very often? 23 A. Occasionally. 24 Q. Old yoU pay hiM for helping you? 25 A. A couple bucks here and there. PAGE in 2S 27 1 Q. Other than your nephev and yourself, \las there 2 anYbody else there? 3 A. No. 4 Q. Describe for fte the steps that YOU vent thrOUgh 5 In order to erect this fence. 6 A. FrOM the beginning to the end? 7 Q. Yes. e A. First of all, ue got a draulng uith the 9 neasureMents and all. We square everything off the IB building, or Yhatever ue're going by. We put a string line 11 UP around, drill our holes, set our posts, level all theM. 12 We use a bottOM rail as a spacer to sit that 13 fence. put the top rails In -- that's for picket fence __ 14 put the top rails In. screu the pickets on, screu the caps 15 on, hang the gates. 16 Q. The \lark that YOU uere doing at the Fry's 17 residence, haY long did YOU anticipate that It \las going to 18 take you to do the uhole Job? 19 A. Probably tuo days Is uhat ue uere uorklng on. 2B Q. Do YOU renel'lber uhat day you arr I ved there to 21 begin? 22 A. No. 23 Q. Do you renal'lber uhat tl~ of day? 24 A. OOn't knou. 25 Q. Would this have been the only Job that YOU uould P AGE ,~B 26 28 1 have done that day? 2 A. Yes. 3 Q. Do you recall -- hou did YOU first learn about 4 the Incident that's the SUbject of this lausult? 5 A. I think the saleSMan called Me. I'M not sure 6 uho told Me about It to be honest vlth you. 7 Q. The tine that you first learned of It, had 90U B already COMPleted your uork at the Fry's residence? 9 A. No. Ie Q. 50 YOU uere still In the course of doing the 11 uork uhen YOU learned of It? 12 A. Yes. 13 Q. Hou far along In the Job \lere YOU IIhen yoU 14 learned of the i nc i dent? 15 A. That I can't renel'lber. 16 Q. Were you able -- nou, yoU Mentioned this uas a 17 tuo-day Job? 18 A. About that. yeah. 19 Q. So YOU ueren't able to finish It at the end of 2e one day? 21 A. No. 22 Q. Do you recall haY far along YOU vere Yhen yoU 23 stopp-ed york? 24 A. I knou the posts uere set. but I don't reMenber 25 jf \Ie had any of the piCkets on Dr haY Many sections uas PAGE 29 SHEET 8 1 together or anything like that. 2 Q. What is Involved in -- YOU Mentioned YOU get the 3 draulng and then YOU have the string line? 4 A. Correct. 5 Q. What do you do to place the string line? 6 A. We set -- the string line does tuo things. It 7 holds the posts straight. and it holds the rail to the 8 height that ue need to keep a nice unlforn look all the uay 9 around the yard. 16 Q. What do you use to Make this string line? 11 A. l1ason line, regular l'Iason line. 12 Q. And Is that string? 13 A. Yes. 14 Q. It sounds like a stUPid question. What color Is 15 the string typically? 16 A. It uas either yellou or orange. I uould say for 17 us, because that's the only tuo ue use. The rest are too 18 hard to see. 19 Q. And uhen In the construction process do YOU put 28 uP this string? 21 A. Right at the beginning. 22 Q. And do YOU put that uhen you "ake the first 23 COUPle of posts then? 24 A. That's done before anything else Is done. That 25 deternlnes uhere your posts gO, uhere YOU drill your holes PAGE 3l! 1 and everything. 2 Q. And hou do yOU set that line? 3 A. With stakes In the ground. 4 Q. And hou far off the ground Is that lIne? 5 A. That varies. Typically It's apprOXiMatelY 6 betueen 2 and 4 Inches high. 7 Q. SO the line Is typicallY 2 to 4 Inches off the 8 ground? 9 A. Correct. depending on the type of fence YOU're 16 putt Ing In. 11 Q. Nou, the COpy of the proposal that Is In front 12 of yoU, Seger 1, does that tell yoU uhat type of fence that 13 YOU uere Installing at the Frys? 14 A. Yes. I didn't knou If I uas alloued to look at 15 this uhen YOU asked ne that before. 16 Q. Absolutely. 17 A. Yes. It shous ne 24 feet of 36-lnch high 18 traditional railing. That's the front porch: that's not 19 ne. Hold on a second. 28 TII'I8 and Material to Install 105 feet of 42-lnch 21 high uhlte concave picket, one and a half Inch neMbers and 22 four 36-1nch vide gates. 23 Q. You're reading that fron the second paragraph of 24 the proposal? 25 A. Yes. Apparently they did SOMe railing or PAGE 31 29 31 1 sOl'letl1lng on the Job that I uasn't involved uittl at all. 2 Q. No~, the proposal that's been Marked as Seger 1. 3 that has three paragraphS? 4 A. Ves. 5 Q. The first paragraph appears to be ti~ and 6 Material to Install, and I can't read -- 7 A. 24 feet of 36-lnch high uhlte traditional 8 railing: Material. 5 by 5 posts. That's structural posts 9 for fl~ont parch ra III ng. 16 Q. You didn't do any of that ~ork? 11 A. I didn't do any of the front porch on that. The 12 only thing I (lId uas the picket fence. 13 Q. And the picket fence Is the second paragraph? 14 A. Correct. 15 Q. And then the third paragraph -- I called the 16 third paragraph there a paragraph, and it nay not be. It 17 nay Just be tuo sentences. 18 It says both raIL and fence Jobs cOl'IPlete at 19 sane tine? 20 A. Correct. 21 Q. Okay. 22 A. That I can't ansuer because that's UP to the 23 sales]~an's discretion. Apparently they ~ant the front 24 porch and the fence done so ~e didn't have to "ake tuo 25 trips. See, ~e get a setup fee to gO to the Job depending PAGE "2 3l! 32 1 on ho'", far and ho", Much the Job Is and everything. 2 SO uhat they did ~as they prObablY split the 3 setup fee between M and uhoever did the railing. They 4 gave the" guys a little bit of a break rather than have to 5 set U~ tuo setuP fees for tuo different guys COMing. 6 Q. Old YOU see any evidence that any York had been 7 done 'In the porch uhen YOU uere doing the fence? 8 A. Not that I can recall. S Q. So then you uere Installing a picket fence at 18 the F:rys? 11 A. Yes, sir. 12 Q. And hou far off the ground uould the string have 13 been since yoU uere Installing a picket fence? 14 A. That uould have varied about 2 to 3 Inches 15 because the pickets stick belo", the botton rail 2 Inches. 16 Q. And hou long do you leave that string line up? 17 A. That's uP frO" the start to the finish because 18 that sets all the height of all your rails and everything 19 ~hen ~ou're setting your posts. 2B Q. And does that gO across even uhere you have 21 gates? 22 A. Yes. It's a continuous line COMPletelY around. 23 Q. Old yoU do anything special If that line uere to 24 cross a 51 deualk or a ualkuay at all? 25 A. other than dirt piles being there and the posts PAGE 33 SHEET 9 1 being set, no. 2 Q. If YOU had a string line uP and It crossed a 3 walkway and YOU uere done for the day, would yoU do 4 anything, take any special precautions? 5 A. Like I Say, usually the dirt piles and stuff vas 6 enough. We never really did anything exceptional to -- ve 7 couldn't take It doun and nove It. We had to leave It B uhere it uas. 9 Q. Old you ever place up any barricades across the 1" ualkuays? 11 A. Occasionally ue did. 12 Q. And uhat uould deternlne uhether YOU uould place 13 a barricade? 14 A. Just the location. If It vas In the front of a, 15 yoU knou, like publiC sldeualk or sonethlng like that that 16 kids uould be ualklng, running, riding bicycle or sonethlng 17 like that ue take special precautions and stuff. 18 Q. Do you recall uhether YOU took any precaut Ions 19 at the Fry residence? 28 A. No, I don't. 21 HR. DEARDORFF: Was that ansuer YOU don't recall 22 or yoU didn't do any precautions? 23 THE DEPONENT: I d I dn . t do any. 24 HR. DEARDORFF: Any precaut Ions? 25 tHE DEPONENT: Precaut Ions. PAGE 34 1 BY HR. BRUHBAUGH, 2 Q. Do YOU recall uhen YOU left uork at the end of 3 the first day hov far along In the Job you uere? 4 A. Not totallY. I knov the holes vere drilled and 5 sone of the posts uere set, but hou nany posts or anything 6 like that I can't tell yoU a nUl'lber. 7 Q. Do YOU recall uhether there uere posts set In 8 the area of the sldeualk? 9 A. Yes. In the front there uas. Like I say, hou 1" far out the back or up the side ue uere going, I can't 11 honestly ansuer. 12 Q. Other than the posts being set near the 13 sldeualk, vere any of the rails set, do YOU recall? 14 A. That I can't ansuer beCause I think they uould 15 have needed cut In, so I don't believe there uas probably 16 any rails done. 17 Q. I'n sorry. You said there uas probably no 18 rails? 19 A. PrObablY no rails. 2" Q. And uhen YOU ended uork for that day, YOU uould 21 have left that string uP In place? 22 A. Correct. Nou, the only other thing that uould 23 have been vould have been dirt piles fron us drilling the 24 holes and the pOsts on either side of the sldeualk. 25 Q. Where uould those dirt pIles have been? PAGe 35 33 35 1 A. They uould have been right beside the hole uhlch 2 uoulel have been on the side of the sldevalk. 3 Q. Do YOU renenber uhat day of the ueek It uas uhen 4 you f'lrst started doing this uork? 5 A. No, I don't. 6 Q. Do YOU knou uhether YOU cane back to this Job 7 the f'o110ulng day or llhether there uas -- 8 A. Kere than likelY I did. I vould have definitelY 9 unle~;s It uould have been a Sunday naYbe. That uould have 10 been the only tine I uouldn't have uent back the fOlloulng 11 day. 12 Q. And I believe you stated that uhen you first 13 learned of this Incident YOU vere called by a salesnan? 14 A. I believe that's uho they told ne. I found out 15 throl~h the office. Exactly uho called ne I don't knou. 16 Q. Do you recall uhat they told you? 17 A. Just that ue had a ftlshap out at the Frys, and, 18 no, I don't renenber the conversat Ion totally. 19 Q. And then did you continue to finish the Job? 20 A. Yes. 21 Q. When yoU got this phone call about the nlshap, 22 did they ask YOU uhat happened, or do you recall any 23 portions of the conversation? 24 A. All that I can reneftber uas that a lady hac:l 25 fell. and that's about the extent of It because It's been PAGE 36 34 36 1 so ICing. 2 Q. Why did yOU end UP stOPPing uorklng as I&T 3 Fencing after this Incident? 4 A. Because I found out that "Y Insurance lapsed. 5 Q. Old YOU knou that your Insurance had lapsed 6 prior' to this Incident? 7 A. Not until I notified ny Insurance COMPany 8 because the lady had fallen. 9 Q. Did YOU notifY your Insurance conpany solely 1" b8SB(1 upon the phone call that yoU got fron the salesl'l.an? 11 A. I believe I did. 12 Q. Did yoU have any conversations ulth Mr. or 13 Mrs. Fry about this Incident at all? 14 A. I don't belleve I have. 15 Q. Have YOU had any conversations ulth anyone at 16 Hlllc:reek about this Incident? 17 A. I believe uhen It first happened ue had SOMe 18 convElrsatlon, but uhat vas stated and that, I have no 19 recall of uhat uas said or uhat uas, you knou, discussed. 2" Q. Were you asked to fill out any type of accident 21 report forns? 22 A. Not that I renel'lber. 23 Q. Do YOU recall vhether YOU'Ve been asked to give 24 any stateMents about llhat happened; for Instance, if 25 501'l80ne has called YOU and recordecl the conversat Ion gOing PAGE 37 SHEET Ie 1 over the details of the Incident? 2 A. Not to "y knowledge nobody has. 3 Q. Have YOU had any conversations with Mrs. Azar 4 about the, or Ms. Azar. I'n sorry, about the Incident? 5 A. No. sir. S Q. Do YOU knov whether or not there vere any 7 uitnesses to the incident? 8 A. I have no Idea. S Q. No one has contacted YOU saying that they know 18 what happened about the IncIdent? 11 A. No. 12 Q. Since this Incident has occurred. has there been 13 any changes nade to the vay that YOU do the work or the 14 process that YOU do? For Instance, do YOU take the string 15 lines doun nou? 16 A. I believe they do. 17 Q. And why vere those changes Made? 18 A. Due to this Incident. 19 Q. Do YOU know who nade then or uho Instituted 2e those changes? 21 A. Dave. I believe. 22 Q. Hou long after this Incident were those changes 23 put In place? 24 A. That I don't knou. I nean. ue aluays tried to 25 be careful. We're Just a little nore cautious nou. PAGE 3B 1 Q. Nou, hou nany Jobs would YOU estlnate that YOU 2 uould do In a course of a typical ueek. say, during tne 3 sUl'lJ'M!r? 4 A. That varied on the sizes; but YOU could average 5 three. four, naybe five If they uere 5nall ones. 6 Q. And Is the SUMer your bUSY tine? 7 A. Yes. a Q. Do YOU have work to do all year round? S A. For the nost part, yes. Ie Q. And I vas referring to the tine that YOU were 11 uorklng as T&T Fencing. 12 A. Correct. 13 Q. I believe YOU stated that yOU are nov an 14 Installation coordinator for Hlllcreek? 15 A. I basicallY Just -- I do the schedULing and 16 stuff like Cook did and set the crews up novo 17 Q. So YOU don't do any of the actual work yourself 18 anynore? 19 A. No. 20 Q. Is that a full-t II'Ie Job? 21 A. Yes. 22 Q. And uhy did you start doing that? Is that a 23 pronation for you? 24 A. Basically. yeah. It kept Me fron digging holes 25 In the ground. P AGE ~19 37 39 1 Q. And hou Much do you nake doing that? Is 2 that -- are you paid hourly? 3 A. I'M salary. 4 Q. And hotJ Much do YOU ftake? 5 A. '600. 6 Q. Is that a ueek? 7 A. Yes. a Q. Do yOU knou approxiMately hou nuch YOU uere 9 Making uhen you vere uorklng as a subcontractor? 18 A. I have no Idea. I nean, It varied between 11 ulnter rwnths and SOMer I'IOnths. 12 Q. Would you estiMate that YOU're Making More or 13 less nOli? 14 A. Oh. definitely less. 15 HR. JANUZZI: You're naklng less nov? 16 THE DEPONENT: Yes. 17 BY HR. BRUMBAUGH, 18 Q. And YOU Mentioned -- but that's a pronotlon for 19 you? 28 A. Well. If I can exPlain. 21 Q. CertainlY. 22 A. I don't have truck paynents and tractor 23 Maintenance and Sacrete to buy. So. Yeah. the gross on the 24 lesS COMPared to uhat MY gross 15 nou It's shoving less, 25 but I got less prObleMS. less headaches. less aggravation. PAGE t:iB 3B 40 1 So, yes, It actually Is. 2 Q. That's fair enough. 3 ISeger EXhibit No.2 vas Marked.) 4 BY HR. BRUMBAUGH , 5 Q. I'n going to shall YOU a dOCUMent that's been 6 Market! as Seger NUMber 2. Have YOU ever seen this docUI'lBnt 7 before? B A. Just a fev Minutes ago. S Q. Prior to tOday, had YOU ever seen this dOCUMent Ui! befor,a? 11 A. I can't honestly ansuer that. I believe I 12 probaoly did; but exactly uhen, I can't gIve YOU a date. 13 Q. Do you knotJ whether you saw It back when you 14 uere ~orking as a subcontractor under the nane T&T FenCing? 15 A. I think I got nine uhen It uas still QFS before 16 Mlllcreek ouned It. I Just sort of uent right along over 17 to "Illcreek, Is uhat I'n getting at. I uas already set up 18 and established. 19 Q. Do YOU believe that you vould have gotten this 28 back ~hen YOU Initially started for HIllcreek or QFS? 21 A. Yes. 22 Q. I'M sorry. I think I May have handed 23 out -- that's the second page of that dOCUMent. 24 A. (Perusing dOCUMent. I 2S Q. This dOCUMent tnat 1'1'\ stJoulng YOU has hlO pages PAGE 41 SHEET 11 1 to it? 2 A. Yes. 3 Q. Do YOU recall uhether the docunent that YOU sau 4 \Jas t \.1'0 pages? 5 A. That I can't ansuer. 6 g, NOli. I note that this has, at the top It's 90t 7 the heading of QFS Factory Outlet, It SagS 8 resldentlal-connercial division of Mlllcreek Fence & Farn 9 Syste"s? 1~ A. Correct. 11 Q. But Is It your testlftony that YOU believe you 12 actually 90t -- uhan yOU 90t this It uas before Hlllcreek 13 had purchased QFS? 14 A. Yes. 15 Q. Do you knou uhether or not there uere any 16 changes to these, and I'll Just calt theM gUidelines or 17 uhat's contained In these sheets? 18 A. That I can't ansuer either. I don't knoll uhat 19 Dave night have changed frO" the tl~ I90t It through QfS 2S until this. Like I say. I can't re~Mber Dack that far. 21 Q. Do YOU recall only receiving a copy of this uhan 22 you first started with QFS? 23 A. As far as I knov, Yes, that's the only tiMe I 24 can reMenber getting one. 25 Q. Have YOU ever been arrested? PHlE 42 1 A. Minor stuff. Nothing naJor. 2 Q. Have YOU ever been convicted of a criMe? 3 A. No. 4 Q. Or plead guilty to any crlnes? 5 A. Nothing short of speeding tickets. stuff like S that. 7 Q. Right, not Speeding tickets. B A. Nothing. S Q. And YOU'Ve never done tiMe In Jailor anything? ll!1 A. No. 11 Q. Have YOU ever been In the Military at all? 12 A. No. 13 Q. I'M going to look through "y records. but I'll 14 let the other attorneys ask YOU questions. 15 HR. DEARDORFF: Thank YOU. 16 EXAMINATION 17 BY HR. DEi\RDORPP, 18 Q. Kr. Seger, I'M Dan Deardorff. And In this case, 19 I represent Hr. Beller trading as Hlllcreek Fence & FarM 2B Systens. Just a few nore questions. 21 Nov, YOU Indicated that currentlY YOU are the 22 Installation coordinator for Hlllcreek, correct? 23 A. Correct. 24 Q. Does Hlllcreek still use Independent contractors 25 to install the fencing or decks? PAGE 43 41 43 1 A. Out of our office, yes. 2 Q. Okay. So they don't use people who work for 3 Hlllcreek; they use Independent people who have their own 4 business? 5 A. Yes. G Q. Nou, YOU talked about Insurance lapsing. Who 7 was your Insurance ulth? 8 A. Erie; Dean Reisinger out of New Bloonfleld. 9 Q. And I think YOU said It was your understanding ll!1 that you had Insurance but then when you called uP yOU 11 found out that It lapsed, correct? 12 A. Yes. 13 Q. Who did you talk to to tell YOU that? 14 A. I think I spake to Dean hlnself. 15 Q. And why did your Insurance lapse? 16 A. Just failure to pay. 17 Q. Nou, YOU said YOU didn't know about It. Old 18 Reisinger ever tell you that they had sent yOU letters? 19 A. Oh, I'ft sure I got SOMething, but It just 2l!1 didn't -- YOU knou, definitelY It uas "Y fault it lapSed. 21 Q. So YOU didn't ever challenge their decision to 22 stop the Insurance? 23 A. No, sir. 24 Q. You didn't say, uell, YOU never told Me or I 25 didn't knou? PAGE IW 42 44 1 A. No, sir. It was ftY oun fault. 2 Q. Nov. going back to your starting off In 3 bUSiness, YOU said you first uorked for SnYder Hiller 4 Construction or Builders, right? 5 A. BUilders, correct. S Q. Now, when you vorked for theft, vere YOU an 7 el'lPloyee, neanlng they paid YOU and deducted taxes and that B kind of thing? 9 A. Yes. Il!1 Q. And you only vorked for then? 11 A. Yes. 12 Q. And did they train YOU In carpentry and how to 13 do things? 14 A. Yes. 15 Q. And they deducted taxes frOft your paycheCk? 16 A. Yes. 17 Q. And did YOU use their tools and equlp"ent? 18 A. Yes. Trucks, everything. 19 Q. And did you have any fringe benefits like health 2fI Insurance, paid holldays? 21 A. Yes. 22 Q. Paid holidays? 23 A. Yes. 24 Q. Vacation, paid vacation? 2S A. Yes. PAGE 57 SHEET 15 1 it? A cinder block yOU put on the string? 2 A. Whatever we have. So~tlnes we'll flop a 3 uheelbarrou over It. I nean, we Just are a little ftOre 4 careful. 5 Q. But It's not sonethlng elaborate; It's sonething G very slnPle that YOU Just do? 7 A. Correct. B Q. so people knou not to ualk uhere that string 9 line Is 90ln9 across the sldeualk? 1m A. Correct. 11 Q. Takes five seconds to put so"ethlng doun there? 12 A. Ves, sir. 13 Q. Vou said that -- I'M a little confUsed here. Is 14 your enployer QfS or Hlllcreek? 15 HR. DEARDORFF: Current lY, YOU Mean? 16 8Y HR. JAIIUZZI, 17 Q. Ves. 18 A. CurrentlY It's HIllcreek Fence & Farn SYsteMs. 19 Q. And YOU said that Hlllcreek still uses subs to 2m do the fencing Just like they used -- 21 A. Our office does, Yes. 22 Q. Just like they used to use YOU to do fencing 23 uork 24 A. Ves. 25 Q. -- uhen you uere a subcontractor. 00 they also p~ 58 1 have their oun enployees that gO out and do any of these 2 Jobs? 3 A. Out of Lancaster, yes. 4 Q. Is nore of the uork done by subcontractors, or 5 Is ftOre of the uork done by enployees? 8 A. That I have no uay of knoulng. 7 Q. Okay. These subcontractors, they have a B tendency to cone and gO, or Is It pretty "uch the sane 9 contractors year in and year out? 18 A. It's pretty nuch the sane contractors. I Mean, 11 I vas ulth the", and the guy that's uith us nou has been 12 there prObably about tuo years. 13 Q. Okay. They onlY have one subcontractor now? 14 A. Yes. Well, that does fencing. 15 Q. Okay. Then there'S other subcontractors Into -- 16 A. Decks and railings. 17 Q. If this contractor uas not -- this 18 subcontractor, uho Is It. by the uay? 19 A. It's "9 nepheu. 20 Q. Okay. Huckey? 21 A. Yep. 22 Q. Is It HOCkey or Huckey? 23 A. Huckey. 24 Q. Hou old Is Huckey? 25 A. 28, 28, sonethlng like that. PAGE S9 S7 59 1 Q. Okay. So he'S the only subcontractor right nov 2 that's doing fencing? 3 A. Correct. 4 Q. If he's not getting the Jobs done on tiMe, Is he 5 In JeopardY of losing his subcontractor business ulth 6 Hlllcreek? 1 A. Yes. Yes. We'd have to bring SOMebody bigger 8 In. 9 Q. When YOU said that yoU uere subbing for 10 HI 1 lcreek , YOU ueren't doing uork for anyone else? 11 A. No. 12 Q. So even though yoU had this T&T Fencing and 13 doing fencing uork, yOU only did fencing york for 14 Hlllcreek? 15 A. Ves. 16 Q. Old YOU do -- did 1&1 Fencing do any uork for 17 anyone else, nonfenclng York, any other type of uork for 18 anyone else? 19 A. No, no. 20 Q. SO the only -- for the three years that T&T 21 FenCing vas In business 22 A. Un-hUM. 23 Q. During that three-year period of tine. did yoU 24 do any uork of any type for any other general contractor or 2S cOnPany other than Hlllcreek? PAGE BI/J 58 60 1 A. No, not that I can reneMber. I "ean, I don't 2 think I done any even SMall Job for anybody that I can 3 recall, no. 4 Q. I vas looking through a, SOMe note that sonebodY 5 had taken here. It said that, looks like "aybe an 6 Insurance COMPany for Hlllcreek Fence, that the sub does 7 have tuo enployees. Do yoU knou uhere that InforMation 8 night have COMe frO.,? 9 10 11 12 13 14 Q. Old YOU ever have any -- YOU said a pair of 15 hands. Old YOU ever have a pair of hands other than 16 Huckey? 17 A. Occasionally I used other school kids in the 18 s~r. MY daughter's bOYfriend helped Me a little bit 19 uhen she uas seeing hln occasionally; stuff like that Is 21/J all 1 ever had. 21 Q. And vas It the sane type of deal YOU had ulth 22 HUCkey uhere you'd pay these gUYS a feu bucks on the side? 23 A. Correct, yes. 24 Q. There'S also a note In here that you uere gOing 25 to handle It yourself but then YOU SPoke vlth personal A. No, sir. Q. Old you ever have tvo enPloyees? A. No, sir. I never had an eMPloyee. Q. You never have? A. No. PAGE 61 SHEET 16 1 2 3 4 5 6 7 B 9 18 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 counsel vho advised YOU to report It to your Insured. A. I have no Idea. Like I say, 1'1'\ not even sure vho told l'Ie. I knou I t cane frOI'l the office that there uas an accident, and I rel'leMber calling Dean. And then the only thing I did vas call Dave back and told hll'l ve had a problen. Q. You never talked to any lavyer about this situation? A. No, sir. Q. And the "'aterlals, again, you'd get those all, It vas all set aside -- It vas all -- Mlllcreek purchased the "aterlals and they had theM all ready for you? A. Yes. Q. Designated as the naterlals for any particular Job? A. you'd get you need, Job. Yes. Like I said, uhen YOU got this paper, a "aterlal list. With that Is hou nany sections hov Many posts you need and that vas for that Q. You said that rarely but on occasion "aybe soneone frO" Mlllcreek uould cone out to the Job site If there vas a preble" of SOI'l8 sort or YOU didn't understand a particular york order or sOl'l8thlng? A. Correct. Q. Do yoU renenber I f anyone frO" Hlllcreek had to PAGE 62 1 cone out to the Job at the Frw'S hOMe at all? 2 A. I uould say tYPiCalLY probably not because It 3 looked fairly slftPle. It cane out, uent UP the side and 4 vent back Into the garage, so there sMuldn't have been a 5 proble" that I uouldn't have understood or anything like 6 that. 7 Q. But YOU don't have an Independent recollection B as YOU sit here nou? 9 A. No. I don't recall talking to anybody else on UI the Job. 11 Q. You uere asked SOMe questions about a building 12 perl'llt, and yoU said that that uas up to the honeouners to 13 get the building per"lt? 14 A. Correct. 15 Q. Do you knou If the Frys had one for this 16 particular Job? 17 A. That I can't ansuer. I never really checked for 18 any. 19 Q. Were YOU sUPPOSed to check to see I f the 20 honeouner had a building perl'llt before YOU did this Job? 21 A. Not to "y knouledge. I didn't knou I uas 22 supposed to valk UP and see I f there uas a perl'll t In the 23 ulndou. It vas their responsibility to get one. We 24 assuned they got one. 2S Q. Okay. But no one frOM Hillcreek said, Ton, yoU PAGE El3 61 63 1 need to "ake sure that the hOMeouners have a building 2 pernit before yoU start doing this vork? 3 A. Correct. 4 Q. Correct, no one ever said that to you? 5 A. Right. Nobody ever stated that I had to look S for a perMit. 7 Q. And YOU said YOU never got theM yourself? 8 A. No, uedon't. 9 Q. Huckey, does he have a COMPany set uP, or Is It 10 Just an Individual, Is he Just an IndividUal? 11 A. I'M ,not sure hou he'S doing It. I think he uent 12 and got a business license and -- uell, he gave I'Ie his 13 certificate of Insurance. As far as eMPloyees and stuff, 14 I'" not sure hou he'S doing that. 15 Q. You said that after this Incident vlth the Frys 16 YOU ended T&T FenCing or stopped uorklng under the nane T&T 17 FenCing? 18 A. Yeah. 19 Q. Old YOU do anything In particular to dissolve 2e ur Fencing at all? 21 A. No. It uasn't that big. I uas the only 22 Q. You Just didn't do uork under -- 23 A. I Just didn't do uork under T&l FenCing at all. 24 I didn't have the Insurance and stuff to do anYMOre. 25 Q. Okay. So yoU never got Insurance again after PAGE 1)4 62 64 1 this Incident? 2 A. No. 3 Q. You said that there uere tines uhen yoU uould 4 occasionally put up barricades across ualkuays before this 5 Incident? 6 A. Yes. 7 Q. What uould YOU use? 8 A. Just as I stated, like a uheelbarrov or a 9 sauhorse If ue had one or sOMlthlng like that. We usually Ie kneu uhat ue uere gettlng Into. Like I say, If ue uere 11 putting sonethlng along a pUblic sldeualk uhere there uas a 12 lot of traffic or SOMething, ue uould do sonethlng 13 necessary. 14 Q. Was that sOMlthlng YOU did on your oun, or Uas 15 that sonethlng that Hlllcreek said, heY, If YOU're ever 16 doing' this type of Job and YOU're going to have a string 17 acres,s a busier type sldeualk 18 A. BasicallY your oun JUdgnent. We didn't have a 19 stlpLllatlon If l'IOf'e than five people valk past here, YOU 20 got to do this and this; if ftOre than ten ualk bY, yOU got 21 to -- nothing like that. You basically use your oun 22 Judgr:rent. 23 Q. We're having a little probleM here because YOU 24 start to ansuer MY questions before I an finishing MY 2S question. I knou yoU knou uhere I'M going, but the court PAGE 65 SHEET 17 1 reporter Is going to have a hard tine urlting doun or 2 transcribing uhat I'M saying at the sane tl~ you're 3 talking. So If yOU uould Just ualt until I finish MY 4 question before YOU start ansuerlng. 5 A. I apologize, S Q. That's all right. Everybody does it. 7 (Pause.) 8 HR. JANUZZI: That's all the questions I have, 9 sir. Thank you. Ie HR. BRUMBAUGH: I Just have a couple of quick 11 follou-uP questions. 12 EXAIIINAUON 13 BY MR. BRUMBAUGH, 14 Q. When YOU vould dig the holes for the posts, 15 vould yoU dig theM Manually, or uould YOU use an auger? 16 Hou uould YOU dig then? 17 A. We have a COuPle dl fferent uays that -- ue 18 prObablY had a Machine on the Job. What It Is or uhat It 19 uas -- I don't recall anYMore -- lJe had a tractor that ue 21!J used, and ue had a little beaver uhlch uas a hand auger. 21 Which one lJe had specificallY out there, I can't tell you. 22 Q. Nov, YOU also Mentioned yoU uork In -- or strike 23 that. You also ~ntloned that Klllcreek has several 24 offices? 25 A. Correct. PAGE 66 1 Q. Which office do YOU york In? 2 A. CiII'Il> Hill. 3 Q. Is that their Main office? 4 A. No. 5 Q. Where's their Main office located? 6 A. Lancaster. 7 Q. Do they have other offices other than Canp Hill 8 and Lancaster or Just the tuo? 9 A. Not that I knou of, Just the tuo. Ie Q. And yoU nentloned that In Canp Hill YOU use Just 11 subContractors for your Jobs? 12 A. Correct. 13 Q. And It's Just one sUbcontractor that YOU have 14 currently? 15 A. For fencing, yes. 16 Q. Does the Lancaster office also use 17 sUbcontractors In addition to eMPloyees? 18 A. Not to MY knouledge. 19 Q. They use Just strictly eMPLoYees? 21!J A. I believe so. 21 Q. Do they also do fencing uork? 22 A. Yes. 23 Q. I'M going to JUMP around a little bit. The 24 house that YOU live In on the Stonearch Road, do YOU oun 25 that house? PAGE fI1 65 67 1 A. No. Dave does. 2 Q. Dave Beller does? 3 A. Yes. 4 Q. Do YOU rent It frOM hiM? 5 A. No. I Make the nortgage paYMents on it. The 6 Mortgage Is -- he's the COSigner on the Mortgage. 7 Q, You say he's the cosigner on the nortgage. Is 8 the Mortgage In your nane? S A. Yes. le Q. But Dave Beller coslgned the nortgage for YOU? 11 A. Yes. 12 Q. And did you enter Into this arrangenent before 13 YOU began uorking for hln? 14 A. No. This Just happened In Nove~er. 15 Q. This past Novenber? 16 A. Yes. sir. 17 Q. But you've been living In that address, I 18 believe. 12 years YOU said? 19 A. Yeah. We Quned the property, and Dave helped us 20 buy the double-ulde to put on It. 21 Q. So the Mortgage Is strictly on the house. 22 Itself, then? 23 A. No. The ground vent UP for collateral too. 24 Everything Is up. 25 Q. Do you oun any other properties? PAGE !.S 66 6B 1 A. No. sir. 2 Q. And before I forget, YOU have the right to read 3 the transcript the court reporter prepares and to sign It, 4 and yoU can Make any corrections If there'S any spelling 5 Mistakes in It or -- but you don't have to. 6 Would YOU uant the opportunity to read and Sign 7 the transcriPt of the deposition? 8 A. Yes. please. S HR. BRUMBAUGH: I uant to Make sure ue did that 18 before I forgot. I don't have any fUrther questions. 11 HR. DEARDORFF: Just a COUPle follou-up. 12 EXAIIINATTON 13 BY ~. DEARDORFF: 14 Q. Nou, do YOU and your ulfa both oun the land 15 uhere YOU live nou? 16 A. We did. but ue put the land UP for collateral; 17 but It uasn't enough, so Dave cos\gned, So the ground Is 18 uP for collateral. but Dave I s on the loan nou. 19 Q. And that's ulth the bank? 21!J A. Correct. 21 Q. But If SOMeOne uas to look up who's on the. In 22 the courthouse, uho's the owner of this land, It uould be 23 you and your wife? 24 A. Correct. 25 Q. When YOU bought the land. It uasn't Just YOUi It PAGE 45 SHEET 12 1 Q. Nov. then, vhen YOU vent off on your ovn as T&T 2 Fencing -- or strike that. Going back to Snyder and Hiller 3 Builders, YOU vorked for theM for 13 years. Old you 4 specialize In anything, In anyone thing, or did yOU Just 5 do all kinds of carpentry? 6 A. We did eVerything. 7 Q. Is that uhere yOU picked up the fencing trade? 8 A. Correct. That's hou I actually net Cook. We 9 used to get our front porch railings and stuff through QFS. 18 Q. SO that's hov yOU ~et hiM? 11 A. Yes. 12 Q. And eventuallY YOU decided to gO out on your 13 mm? 14 A. Correct. I hit fty earning potential vlth Glenn. 15 They vere snaIL. They only had three guYS, Me and tvo 16 other fallovs. 17 Q. Okay. So you thought YOU had a better fUture 18 branching out on your ovn? 19 A. I thought. 28 Q. Mou, T&T Fencing, uhat's the T&T for? 21 A. ~ and Tan. 22 Q. Okay. Toft and Tanny? 23 A. Right. 24 Q. And then on your ovn doing these Jobs for QFS, 25 of course, YOU got paid per Job, right? PAGE <IS 1 A. Correct. 2 Q. And at the end of the year they'd give YOU a W-9 3 for, or, excuse ne, a 1099 for the paYMents they Made to 4 you1 5 A. Correct. 6 Q. Did YOU fill out uhat's called a W-9 to get a 7 tax m nl.ll'lber, or did YOU Just use your Social Security B nUMber? 9 A. I think I Just used "y Social security nunber. 1m Q. And by that tine uhen you started vorkln9 for 11 QFS -- and this vas years before Hlllcreek took over, 12 correct 1 13 A. Correct. 14 Q. When you starting vorklng for QfS, at that point 15 YOU did have skill In putting UP these fences and decks. 16 correct? 17 A. Correct, yeah. 18 Q. so no one at QFS at that point had to take you 19 under their vlng or train YOU In hou to do this stuff? 28 A. No. I vas already fanlliar vlth the product. 21 Q. Nou, did yoU have your oun tools that YOU used 22 uhen YOU uorked as your oun boss? 23 A. Yes. 24 Q. And YOU had your oun truck, correct? 25 A. Yes. PAGE '~7 45 47 1 Q. And YOU used your oun truck to get the 2 l'Iaterlals? 3 A. Yes. 4 Q. Old YOU also purchase the string line? 5 A. Yes. 6 Q. And then YOU talked about the bad side of that 7 becaL~e you'd have the expenses on the truck and those e thlnGls? 9 A. Correct. 1m Q, Nou, uere your hours pretty Much based on uhat 11 you l,;lanted to do; theY'd give YOU Jobs but vhen yOU sholled 12 UP fClr the Job, that vas uP to you? 13 A. Yes. Right. If I uanted to horse ulth the Job 14 for three days, that vas MY fault. If I vant to gO out and 15 put 48 feet In in a daY, that's hou I "ade MY I'IOney. 16 Q. But If YOU vanted to uork, like, 1m-hour or 17 12-hCiur days, that vas uP to you? 18 A. That uas UP to l'Ie, correct. 19 Q. And If yoU uanted to, let's say, Just uork in 28 the rcrnlng and do sOMething else In the afternoon, that 21 uas UP to you too? 22 A. Yes. 23 Q. And I'M sure at certain tines of the year, like 24 hunting season and things like that, YOU probably uouldn't 25 take Jobs? PAGE 0\8 4. 48 1 A. Right. You'd take a day here or there to gO 2 hunting or vhatever. 3 Q. Nov, no one -- vhen YOU uere uorklng for QFS as 4 T&T Fencing, QFS never sent anyone there to supervise YOU, 5 did they? 6 A. No, no. Like I say, only If there vas a proble" 7 or sClftBthlng. We folloued UP ulth a satisfaction calL 8 Q. And that uould be after your Job Is done and 9 they did a follou-up vlth the honeouner and the honeovner 1m said, uell, this Isn't right or that Isn't right and theY'd 11 have toga back? 12 A. Correct. Right. 13 Q. Nov, so basicallY YOU \larked alone on these 14 Jobsi' 15 A. Yes. 16 C. SOnetlnes YOU took your nepheu or SOMeone else? 17 18 A. RighI. 19 Q. And YOU vould pay that person probably, I guess, 2B sone cash Just to help YOU out? 21 A. Right, rlghl. 22 Q. So uhan YOU uere on these Jobs for QFS, no one 23 uas clCtually telling YOU vhat to do or hou to do It. Is 24 that baSically right? 25 A. Correct. PAGE 49 SHEET 13 1 Q. Old you ever turn doun Jobs because YOU had 2 sOMething else going on? 3 A. No. 4 Q. And, nou, ulth QfS, obviously they paid yoU 5 through the 1099's, those cash paYMents, but they Made no S deduct Ions for taxes, correct? 7 A. No. 8 Q. And YOU got no eMPloyee benefits frOM QFS, 9 correct? lEI A. No. 11 Q. And yoU got no paId vacation, correct? 12 A. No. 13 Q. And YOU had no health Insurance. Are all those 14 things correct? 15 A. Correct. 16 Q, And YOU had no tine card to punch In uhen yoU 17 vere uorklng or uhen YOU vere leaving, correct? 18 A. Correct. 19 Q. And YOU never got any W-2 frOM QfS? 2iI A. No, 21 Q. Nov, your situation nou ulth Hlllcreek uhere 22 YOU're the Installation coordinator. Is that different than 23 froM your situation uhere YOU uere the Independent 24 contractor? 2S A. Yes. PAGE 58 1 Q. Okay. So nou they do deduct taxes, correct? 2 A. Just health Insurance. 3 Q. Okay. And do YOU get any paid vacation uorklng 4 for QFS nou? 5 A. No. I'M salary. 6 Q. But YOU do -- 7 A. I do take a ueek, but I still get paid. 8 Q. Oh, I see. So you get paid -- 9 A. Right. I'M Just salary straight across the 10 board. 11 Q. Okay. IS there so Much tine that you're alloued 12 to take for vacation or holidays? 13 A. Dave uorks ulth Me on that. 14 Q. And nou YOU have to shou UP to, uhat. QFS to do 15 your Job? 16 A. Yes. I have a space In the office. 17 Q, So vhen you vere vorklng for Hiller, SnYder 18 Hiller, YOU had ane kind of arrangeMent uhere YOU vere, In 19 your aun Mind, uorklng for theM as an eMPloyee, correct? 20 A. DefinitelY. I vent to Glenn'S at 7:80 In the 21 nornlng and left the job at 4:30. 22 g, Then uhen YOU uent out on your ovn as TlT 23 Fencing, YOU had a different arrangeMent uhere YOU vere 24 your oun Doss In contracting these jobs for QFS. correct? 25 A. Yes. PAGE 51 49 51 1 Q. And nov that you're back to Hlllcreek, you're 2 back to basicallY so Many hours vorklng a regular day and 3 getting paid per salarY, correct, not by the Job? 4 A. RighI. S Q. Nov, uhen this accident happened In FebrUary of 6 2002, vas It clear In your nlnd that YOU uere uorklng as an 7 Independent contractor as your oun Doss and not as an 8 enployee for HIllcreek or QFS? 9 A. BasicallY, Yes. 10 Q. Nov, YOU had uorked for QfS before It vas part 11 of Hi llcreek. correct? 12 A. Yes. 13 Q. I think YOU said that uas for, like, three or 14 four years? 15 A. Yes. I'n not sure of uhat or hou long anything 16 of Hlat took place. 17 Q. And then It becane -- QfS becane a dIvision of 18 Hlllc:reek, correct? 19 A. Yes, 20 Q. And do you re~nber apprOXiMatelY uhen that 21 hBPPElned? 22 A. ApproxIMatelY four years ago. 23 Q. I think there's been SOMe testiMOny that It uas 24 arourld 1999. Does that sound about right? 25 A. That could be, yes. That's apprOXiMate. Like I PAGE S2 SIl 52 1 say. I can't ansuer dates on that. 2 Q. And uhen Hlllcreek purchased QFS, YOU Just 3 continued under the sane arrangeMent YOU had In the years 4 befor'e? 5 A. Correct. S Q. Nothing uas ever done in urltlng to say 7 A. No, sir. 8 Q. -- anything different, correct? 9 A. Correct. 10 Q. SO I suess all In all up to the tine of the 11 accident, vhlch vas 2002. YOU had, uhat, at least ten years 12 of experience In the fencing business? 13 A. Pretty close, Yeah, If YOU take SnYder Hiller'S 14 tll'l8 ulth -- yeah. 15 Q. Okay. Did -- and I think YOU said yoU did Meet 16 Mrs. Fry. but YOU don't reneMber neetlng Mr. Fry? 17 A. I don't renenber neetlng hiM. 18 Q, Old YOU IdentifY yourself as In any special uay? 19 A. Probably Tucker vlth QFS, Is usually hou I did 20 It. Il'lean, that's a basIc. 21 Q. What '5 Tucker? 22 A. That '5 MY nal'lEL 23 Q, Oh, your nlcknaJ'le? 24 A. That's uhat I gO by Is Tucker, aM that's haY I 25 usually introduce Myself on the Job. PAGE 53 SHEET 14 reMeMber. Q. out even ~. Q. that the PAGE 54 1 dirt and then sidewalk. or uas the dirt side by side tilth 2 the posthole? 3 A. No. It vas sidewalk; It vas probablY post, 4. post, and then dirt piles UQuld have either been In front 5 or behind. More than likely they vere In the front because 6 I think 'Ie even had to take that dirt auay fron there. 7 Sa 'Ie aluays put the dirt to the outside: it's B easier to get to ulthout having to clean it up an the 9 backside of the fence. Ie Q. So at the FrY's house, I think their front yard 11 Is abutting a street. Would the dirt piles have been on 12 the street side then of the holes? 13 A. Yeah. But their yard Is UP -- the sldeualk Is 14 doun here and the yard's UP here, and It vas back alon9. 15 actuallY alons the side of the house. 16 I don't knou ho" far off tMt sidewalk It lias 17 back, but It was nowhere near anybody ualklng down that 18 sidewalk would have -- 19 Q. Well, there uas a sidewalk that ran along side 2B of the house, correct? 21 A. Correct, and that's uhere the sate was. 22 Q. Okay. I'll Just shou YOU a picture here. At 23 the deposition of Lori Azar here there uas a packet of 24 Pictures presented, and they uere nunbered as pages. 25 And that's Plaintiff's Exhibit NUMber 1. And PAGE 55 53 55 1 page 9 shous a picture of a sidewalk gOing along the side 2 of the Fry house. Do YOU see that? 3 A. 'fes. 4 Q. Okay. Nou, yoU see there's -- and I'll 5 reprElsent to YOU that this picture uas taken frol'l the 6 streflt side. 7 A. 'fes. 8 Q. Not frol'l the backyard side. Would the dirt 9 pi le~l have been on the street side of the poles that are 10 adj~:ent to the sidewalk, or would they have been SOMewhere 11 else'I 12 A. They're In the back of the posts. 13 Q. Okay. Now, Is this -- I'" pointing to sane, It 14 look~l like dirt on the bOttOM picture of page S in front of 15 the ~K)stholes that's towards the street. Is that a pile of 16 dirt, or is that Just bare dirt? 17 A. I can't tell frOM here. I think they had -- the 18 yard uas done, yoU can see as you gO back through here 19 uherEl the dIrt pi les are. So I would say -- I would asSUMe 2fI It UilS dirt pile, 21 Q. Now, at the end of your first day, the way I 22 understand your testll'W)ny Is YOU would have left the job 23 site ulth this string still up, correct? 24 A. Correct, 25 Q. Old YOU say anything to the Frys that YOU uere PAGE S6 54 56 1 leaving and that the string was up, anything like that? 2 A. Not that I recall, no. 3 Q. And the only precaution YOU can think of uould 4 have been that pile of dirt around the area of the post? 5 A. Correct. 6 MR. DEARDORFF: Okay, Hr. Seger. That's all I 7 have at this tine. Karl? B EXAltTH~TmN 9 BY H~l. JAHl!2ZI, 10 g, Hr. Seger, MY nana is Karl Januzzl. I represent 11 Lori Azar. The goOd neus Is I'IOst of the questions I was 12 goins' to ask have already been asked so ue shouldn't be too 13 long. 14 Just gOing back to these pictures again, so 15 that's the dirt piles that uere In place uhlle YOU were 16 dolnB the Job? 17 A. 'fes, I uould believe so. 18 Q. Okay. There'S no dirt on the sidewalks, right? 19 The s I deualks are clean? 20 A. It looks fairly clean, Yes. 21 Q. 'fou uouldn't pile dirt up on the sldeualk? 22 A. No. BasicallY, no, because of the !'less It uould 23 l'Iake . 24 Q. And you said that nou YOU have a little 25 different procedure uhen goU leave the Job; you -- uhat Is PAGE 69 SHEET 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S uas both of YOU, right? A. I believe so, Yes. Q. Nou, then, uhen you bought the housing unit to put on the land, did YOU Just buy It, or did yOU and your uife buy it, or hou did that uork? A, No. I think that's In both our nanes too. Q. Okay. In all your exPerience putting In fencing, I guess for about ten years or so, has anything like this ever happened before uhere soneone tripped and fell and 90t hurt? A. No, sir. Q. Based on that, did YOU vleu your activity In doing this fencing uork, as you did as TiT Fencing, did you vleu that activity as a dangerous type of activity? A. I'ft not understanding. Q. Well, let's say If YOU're in an activity uhere people get hurt fron tlfte to tine, or, like, blasting, you're a blaster, or If, let's say, YOU're In an activity that's high risk like uorklng In, UP on the 100th story of a skyscraper or sonethlng like that, uhat I'n asking YOU, did yoU see your activity as one that's riskY uhere SOMeone night get hurt the next day or uhether It uas pretty A. No, I didn't think It uas that risky. HR. DEARDORFF: Okay. That's all I have. HR. JANUZZI: I have nothing further. PAGE 70 1 2 3 4 5 6 7 8 9 18 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S (The deposition conclUded at 4:3B p.n.) 69 70 PAGE 71 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S COMMONWEALTH OP PENNSYLVANIA COUNTY OF CUM8ERLAND 55. I, AMY R. FRITZ, R.P.R., a Court Reporter-Notary Public authorized to adninlster oaths and take depositions In the trial of causes, and having an office In Carlisle, Pennsylvania, do hereby certifY that the foregoing Is the testlnonv of THOMAS L. SEGER. I further certifY that before the taking of said deposition the ultness uas duly suorn; that the questions and ansuers uere taken doun stenotype by the said Reporter-Notary, approved and agreed to, and afteruards reduced to co"puter printout under the direction of said Reporter. I fUrther certify that the proceedings and evidence are contained fUlly and accurately In the notes taken by Me on the ulthln deposition, and that this COpy Is a correct transcript of the sane. In testlnony uhereof, I have hereunto Inscribed "y hand this 14th day of June, 2BBS. etYt~ 12 ;j MJ:) o ery Ie -~' , ~';~:k::~: ~T;l ,: ----- J(.i'~-.:;z~-I.:.":';: ~~:ll::~ Pt1 ~RCTC)"~'r' UUIL~:' 7 l r 1.3 , ;;':(1 P. 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J ~D.J' ~7'A."t:.....r-...;r-~.... d' ,.~ ~nyO'l~~ J...,. 1"11 Farnuntil pRy'nnt"rr.alh'" !l.IfI t:""'\..f$I&~b' "'i~rlNme~ ,"utlr,',,~ot ~ ~.l ~., ~"l~, M'''~.'''lI''dp\olct'm-Ml\Of''~ .....~IO.~~rO;'Ol: ,rod !l'urr,1jIIM!u..........lt MY ~litr ~~ due blH"!Of Qi t.l,'f\o'lryt< ""~.. i-J. 6~""",3' r ~-,"""A./' .#.c "-'.T ~ T t;' -V '" "'J~ 0 t'" c;'-::"'::?:'~~.;._------t-. ~='"'1/' ~~.LJ?.-1:.-r_=- O~~jr,,,"'od.~ --. ~---.~----_._---_.-------r. . 1t~~'lot>fllt~~.AJ.worlIObtoCQlf'''''IE-;J'n~W()'~J;"l.lIN;~~ Autho11z!l1 ~~/ .~. ! I!~ .~~"W"'tia~ ~i.Mr'"tr.uC'nol dwI11ion!r':llf1l11bol"f ~i(. ~....,hi/!l /ZL~~. ,..,.;;;~-_.- ! ~"' . """ ~Ml1 b'ItI ~C'\Jllt\1l;t(l~ u~ \Irl:1.,n 0I'~r3, .n:'I'I'0I :H!J(:OrM ----z::;-- -- .. ---~--f--.-;, ...,.. """ 10M ~ N ..Ilm,,",_ -,t -vr~ (IM~"'1 \I~~ .'I1Le!l ) . I' 19f~~ft\Htnf'ltt1:ll..~I\OQ")h.'IQTl1-mv.1'dtof-""f"~t~ N(lIJl1rkl:r>::\~m/fI:Yt)l;l .' o..r 'Iil'Cn:nt art .'aht ~I"d """ Werkmen'l:l .....~...a6....., ~r>t,.,r..,rA.. "'..... i-. .7...... ,./ -1 _.,....~.""" ,",,' ,,~ Wt...nnl.....n ",,' \/, If nol Docopt~ wllh~~ _ V' 'F '",' I ~~;~t!.~c~~~~~:~~w:t;~~l~"~~~;~I~;~~~;::~ ~>tt~.P'F-'O-Q~iit. :Jv d/Yr,c) .,1'i : ',~ W ~ n ~)l'...C:: "'t~,~ p,;W bt rro.a1e .~ Otl!\':r~~ !lOO\~ -,/1 '.L ) ~ ,- --I 't":. f1i ..... ". ) _ " ~/ _____ J":> ~ .'], . ~ . ~...----r I i ;j~I;-i I -r.::~~~\~ ~ EXHIBIT ,''1: ~ reJcr:#-\ rc ~ ~" .~;~~ " "A~'~' '1~'f\ r-~~~ ,\"l"i:\"'~_, . .; :,.' . ~~ . ~;{ '~ .."..",~:. ;.~~ji. " ...~~:~-. ii..:fi;. " li-~ . ~. ",. . '~~ ';1 ,',c'Jr,.i .,.;+-l:/:"^:.J" " . ,~.:-:::~;t::~~: l'h\'1t :r.J;,=t-;r" 'W;>"i~; . .~~);':r.t-- . ):\~~i~ ',' : :""~"'''' .,,, ~ .' ,:.0. ';.":t~. 1'-! .' ,,!Ij~i;l ':~,"l .;~~~ . , ,Jl~~}: . '!'l~ :;';,~f~~" "'~~I"" :;,::,~.,~!t.,"" ~',' <:\$.it '" ;'~.-.':.~.y,:J:1.,. :. :"'-:~t;;'j; , f.,>>fi/~rr \ " ; ~: ':!:r !~:j~fi, ,.'}~ ~':';:iP'"..; ~:.'.,;~l/~l~".:' ", .~~.::. t- '';''~'$t~,~.. ".:+..lf~'1!': . " YO:",!;;!" '~~~~~~.;' "~rJ~ QFS FACTORY OUTLET RhW'ENT\AL -COMMERCIAl. DIVTSION-MlLLCRt:I-;K FCiNC6 A/oID FARM Sl'Sn;US RETAil..' WHOI.1]SAI.R 2401 OETTySRlJRO ROAr> ('AMP [-flU" PA 17011 PHONE (717)737.9377 FAX (717)737-9420 SPECIAL: 1. All ~ub-contractors must chcck malerials being loaded for ajob and packing list checked off and initialed prior to leaving for the job. If there are any discrepancies. notify office immediately. 2. If rock is hit while digging, office must hc notified and homeowner infonned to insure they are aware thcre will be extra charges prior lo proceeding. 3. A portion of the additional cost for having a machine in and dig will be deducted from the sub-contractors final bill, SERVICE CALL PROCEOURE: 1. Service request will be Illled out by ofliee person who in turn will pulllile to identify the salesperson and installer then give the service reque~t to salesperson. 2. The salesperson will call custom!:T to insure customer relations 3. The service request sheet will be rctumed to Cook to check out the job and assign lo an installation crew. 4. The crew will complete the service request within one week unJess other arrangements are made that may involve acquisition of materials 5. If the customer is or is not home when the service is completed a copy of the COMPLETED SERVICE REQUEST SHEET must be left for the homeowner. 6. The sub-contractor must fill outthe work performed section oflhl: original request and return to Wally. 7. Wally will forward thl: requesllo the salcsperson that will in turn call the customer to eheck ifthc work was eomplele,d to their satisfaction. 8. The form is initialed by the salesperson and returned to Wally who will put the completed form into thc customer file. ~ . EXHIBIT i ~~1' ~~ .; " 'i ., , ,; ~_',_"''.:~.~'i :--;;~;~.'.--, ~. ' -". ~:.':~. t:ir. ~),~: w~ ;i,\ ~: t. ~Y:t .' .. ';~"(~Jt~t~:.,:. ""i!i"'J{ ,...:?;~~i!'" ,...l,~,.. ~~::Ji~~; ....,'~~:'ii*;: ..._.,:.l!~':f.;. ~?;~~~~~~ " ::,~~lf ".);J,~H,. "'''"'l' .'i~~ir :'-~)t.~). !:i{~lI . .' "1&;'" n~~;~ ,.......,..~~,;j. [.<:;I:~ f'~ .',~.~.~'-. \Il "'"', "'"';. QFS FACTORY C.UTLET RESlDENTlAL - COMMERCIAL D/VJSfON.. MILl-CREEK FFi:l,CUNiJ PARM SYSTEMS RFTAll. - WHOLESALE 2407 GETTYSf4URO ROAD CAMP lilLI., PA 17011 PHONE (717)737-9377 FAX (717)737-9420 To: All QFS sub-contractors From: Millcreek Fence and Fann Systcm management Subject: Guidelines for installed jobs and service calls GENERAL: I. All jobs will be paid for by QFS by the Iincal root, square foot or other predetermined amount. 2. Sub-contractors will supply their own tnlcks, trailers, tools, insurance and concrete. 3. Jobs will be completed in a timely manner. Do not start more jobs before completing in process jobs unless authorized. 4. Iflhere is a problcm with a job, notify the office immediately, (rock, materials, requested changes, ctc.) S. Chcck with Wally or sales person if additional funds are needed to complete job. 6. Inform customer, if available. 01' office whcn you expect to return to work on or complete job. 7. Inform Wally on progressofjob(s) and next days schedule DAILY at approx. 4pm. 8. Whcn job(s) are completed, turn work order into Wally. Wally will inform the salesperson. 9. Salesperson will call homcowner to verify satisfaction of completed job prior to approval of sub-contractors final bill. I O. Sllb~contractors bill will contain detail to track the job. 11. Job signs will be posted on all jobs and QFS stickers will be applied where appropriate. 12. A list of all materials with explanations relurned from jobs must be given to Wally and material must be put in retum bin for disbursement. -A- ability [1J 6:14 able [2] 28:16,19 absolutely [1] 30:16 abutting [1] 54:11 accident [4] 36:20; 51:5; 52:11; 61:4 accurately [1J 71:16 across [7] 25:18; 32:20; 33:9; 50:9; 57:9; 64:4, 17 action [3J 1 :3; 4:17,24 activity [6] 69:12, 14,16,18,21 actual [1] 38:17 addition [1] 66:17 address [9] 7:5, 14, 16; 13:1; 21:22; 22:7; 23:6; 24:8; 67:17 adjacent [1] 55:10 administer [1] 71:5 advised [1] 61:1 affect (1) 6:14 afternoon [1] 47:20 afterwards [1] 71:12 against [1] 4:12 aggravation [1] 39:25 agreed [1] 71:12 allowed [2] 30:14; 50:11 alone [1] 48: 1 3 amount [2] 12:9; 24:10 amounts [2J 24:11, 15 amy [2] 1:13; 71:4 annually [1] 19:3 answer [17] 5:12, 13, 14; 6:14; 9:16; 31:22; 33:21; 34:11, 14; 40:11; 41:5, 18; 52:1; 53:5; 62:17; 64:24 answered (1J 5:6 answering [1] 65:4 answers [2] 5:9; 71:11 anticipate [2] 6:9; 27:17 anybody [6J 11 :4, 25; 27:2; 54:17; 60:2; 62:9 apologize [1J 65:5 apparently [2J 30:25; 31 :23 appearances [2J 1:21; 2:1 appears [1] 31:5 approved [lJ 71:12 approximate [1 J 51:25 approximately [11] 10:20; 14:7, 8, 23; 15:22; 17:22, 23; 30:5; 39:8; 51:20, 22 around [6] 27:11; 29:9; 32:22; 51 :24; 56:4; 66:23 arrangement [5] 9:13; 50:18, 23; 52:3; 67:12 arrangements [1] 16:2 arrested [1] 41:25 arrived [1] 27:20 aside [2] 22:19; 61:11 asked [6) 4:19; 30: 15; 36:20, 23; 56:12; 62:11 asking [1J 69:20 assembled [1] 23:1 assign [1] 12:13 assigned (1) 20:23 assume [1) 55:19 assumed [1) 62:24 attorneys [2] 5:18; 42:14 auger [2] 65:15, 20 authorized [1] 71:5 average [3] 12:4, 6; 38:4 azar [7] 1:1; 2:7; 4:13; 37:3, 4; 54:23; 56:11 -B- backside (1) 54:9 backyard [1] 55:8 bad [1] 47:6 bank [1J 66:19 bare [1] 55:16 barricade [1] 33:13 barricades (2J 33:9; 64:4 based [4J 13:11; 36:10; 47:10; 69:12 basic [1J 52:20 basically [11) 20:13; 22:15; 38:15, 24; 48:13, 24; 51 :2, 9; 56:22; 64:18,21 basis [1J 20:10 beaver [1] 65:20 becoming [1J 9:19 begin [3] 13:5; 26:16; 27:21 beginning [2] 27:6; 29:21 behind [1] 54:5 beiler [11] 1:3; 4:13; 14:20, 22; 15:5, 8; 16:4, 9' 42:19; 67:2,10 below [1] 32:15 benefits [2] 44:19; 49:8 beside [1] 35:1 better [2] 18:4; 45:17 bicycle [1] 33:16 bid [2] 11 :22; 12:12 big [1] 63:21 bigger 11 J 59:7 bin [1] 22:24 bins [1] 22:22 birth 11] 8:5 black [1] 24:20 blacked [2] 24: 1 0, 15 blank [1J 24:21 blaster [1J 69:18 blasting [1] 69:17 block [2] 53:16; 57:1 bloomfield (1] 43:8 board [1] 50:10 booklet [1] 5:10 born (2) 18:8,11 boss [3] 46:22; 50:24; 51:7 both [61 5:8; 15:9; 31:18; 68:14; 69:1, 6 bottom [3J 27: 12; 32:15; 55:14 boy [1] 7:21 boyfriend [1] 60:18 branch [2] 16:12, 15 branching [1) 45:18 break [3] 6:8, 10; 32:4 bring [2J 26:22; 59:7 brumbaugh [14] 2:4; 3:3; 4:10, 11; 9:15, 18; 17:14; 23:24; 34:1; 39:17; 40:4; 65:10, 13; 68:9 bucks [2] 26:25; 60:22 builders [7] 17:17, 18, 21; 18:3; 44:4, 5; 45:3 building [7] 25:2, 5; 27:10; 62:11,13, 20; 63:1 bury [1] 53:17 busier (1] 64:17 business [16J 9:25; 10:4, 11; 11:15; 17:15; 18:14, 21; 19:18, 20, 22; 43:4; 44:3; 52:12; 59:5, 21; 63:12 businesses (1] 17:1 busy [1] 38:6 buy [5] 22:2; 39:23; 67:20; 69:4, 5 -c- call [6] 21 :12; 35:21; 36:10; 41:16; 48:7; 61:5 call..d [8] 4:6; 28:5; 31 :15; 35:13, 15; 36:25; 43:10; 46:6 calli ng [3) 23:21; 24:6: 61:4 camp [3] 66:2, 7, 10 can't [18] 18:10; 28:15; 31:6, 22; 34:6, 10, 14; 40:11, 12; 41:5, 18, 20; 52:1 53:5, 10; 55:17; 62:17; 65:21 cap" [1] 27:14 card [1) 49:16 careful [2) 37:25; 57:4 carlisle [1] 71:7 carpenter [1] 17:19 carpentry [2] 44: 1:2; 45:5 cash [2] 48:20; 49:5 cautj;es [1J 71:6 cautious [1J 37:25 cert"ln [2J 12:9; 47:2;l certclinly [1] 39:21 cert"lnty [1] 53:8 eartHieate [3] 19:1:3,23; 63:13 certi'ficates [2J 19:10,12 certHications [1] 19:3 certify [3] 71:7, 9, 15 challenge [1J 43:21 chance [1] 4:23 change [1] 11:14 changed [1] 41:19 changes [5] 37:13, 17,20,22; 41:16 chaf!~e [1] 20:14 check (2] 13:15; 62:HI checked [1] 62:17 checks [1J 15:13 children [1] 8:3 cindur [1] 57:1 civil [1] 1:3 clarily (2) 9:17; 25:2" clean [3J 54:8; 56:"',20 clear [3J 11:8; 15:1~i; 51:6 clos.. [1] 52:13 collateral [3] 67:23; 68:1EI,18 color [2] 13:2; 29:14 coming [1] 32:5 common [1] 1:1 commonwealth 11J 71:1 com~.ared [1] 39:24 complete [1] 31:18 completed [1] 28:8 completely [1] 32:22 concave [1] 30:21 concluded [1] 70:1 confused [1] 57:13 constantly [1] 11:23 construction [2] 29: 19; 44:4 cont'd [1] 2:1 contacted (1) 37:9 contained [2] 41:17; 71:16 continue [2] 16:20; 35:19 continued [1] 52:3 continuous (1] 32:22 contract [6J 12:25; 13:12; 23:4, 7, 19, 22 contracting [1] 50:24 contractor [4] 49:24; 51 :7; 58:17; 59:24 contractors [3J 42:24; 58:9, 10 conversation [4) 35:18,23; 36:18,25 conversations [3) 36:12,15; 37:3 convicted 11] 42:2 cook (7] 16:12, 13; 17:7; 20:13, 15; 38:16; 45:8 coordinator [4] 8:18; 38:14; 42:22; 49:22 copy [8) 23:4, 19; 24:12, 17, 19; 30:11; 41:21; 71:17 corrections [1) 68:4 coslgned [2J 67:10; 68:17 cosigner [2] 67:6, 7 cost [1J 13:12 counsel [2J 4: 17; 61:1 county [2] 1:1; 71:2 couple (5J 26:25; 29:23; 65:10, 17; 68:11 course [3] 28:10; 38:2; 45:25 courses [1] 19:11 court [5] 1:1; 5:8; 64:25; 68:3; 71:4 courthouse [1] 68:22 cover [2] 21:21; 24:5 crews [1J 38:16 crime [1] 42:2 crimes {1] 42:4 cross [1J 32:24 crossed [1J 33:2 crossing [1J 53:21 cumberland [2] 1:1; 71:2 current [1J 7:5 currently [6J 8:13; 10:14; 42:21; 57:15.18; 66:14 cut [1] 34:15 -D. dan [1J 42:18 dangerous [1] 69:14 daniel [1] 2:2 date [4] 1:15; 6:1; 6:5; 40:12 dates [2] 18:6; 52:1 daughter [4J 7:17. 24; 16:8.11 daughter's [1] 60:18 dave [20J 14:20. 22; 15:1. 5. 6. 11. 22; 16:4. 9; 37:21; 41:19; 50:13; 61:5; 67:1. 2. 10. 19; 68:17. 18 david [2J 1:3; 4:13 deal [1] 60:21 dean [3J 43:8. 14; 61:4 deardorff (15] 2:2; 3:4; 9:8; 17:13; 33:21. 24; 42:15. 17. 18; 56:6; 57:15; 68:11.13; 69:24 decided [1] 45:12 decision [1J 43:21 decks (4] 20:21; 42:25; 46:15; 58:16 deduct [2] 13:17; 50:1 deducted [2] 44:7. 15 deductions [1] 49:6 defendant [2] 1 :12; 2:3 defendants (2) 1 :6; 2:5 definitely [4] 35:8; 39:14; 43:20; 50:20 demanded [1J 1:6 depending [2J 30:9; 31 :25 deponent [4] 3:2; 33:23.25; 39:16 deposit [1] 24:22 deposition [13] 1:11; 4:20. 21. 23; 6:16.20. 23; 54:23; 68:7; 70:1; 71:10. 17 depositions [1J 71:6 describe [1] 27:4 description [1] 3:14 designated [1) 61:14 details [1] 37:1 determine [1] 33:12 determines (1] 29:25 different [7] 24:9; 32;5; 49:22; 50:23; 52:8; 56:25; 65:17 dig [3] 65:14. 15. 16 digging [1J 38:24 diner (1] 17:10 direction [2] 13:3; 71:13 directions [2] 21 :25; 22:11 dirt [22] 32:25; 33:5; 34:23. 25; 53:20. 22; 54:1. 4. 6. 7. 11; 55:8. 14. 16. 19. 20; 56:4. 15. 18.21 discretion [1] 31:23 discussed (1] 36;19 dissolve [1] 63:19 distance [1] 6:2 division (2J 41:8; 51:17 document [10] 23:25; 24;2. 5' 40:5. 6. 9, 23. 24, 25; 41:3 documentation [1J 20:3 documents [1] 6:17 dollar [1] 24:11 double-wide [1J 67:20 drawing (6] 13:3; 21:24; 22:8. 9; 27:8; 29:3 drill [2] 27:11; 29:25 drilled [1J 34:4 drilling [1J 34:23 due [1] 37;18 duly [2] 4:6; 71:10 - E. earning [1] 45:14 easier [1] 54:8 education [1] 8:9 elaborate [1J 57:5 employed [12] 8:13, 19; 9;5. 10, 14; 10:25; 11:1,4, 6; 17:12; 20:17; 26:13 employee [17] 8:22, 25; 9:2. 11, 19; 10:17; 14:1.10; 15:25; 16:22; 26:3, 4; 44:7; 49:8; 50:19; 51:8; 60:11 employees [8] 17:4; 58;1,5; 60:7, 10; 63:13; 66:17. 19 employer [1J 57:14 ended [2J 34:20; 63:16 enough [4J 5:15; 33:6; 40;2; 68:17 enter (1) 67:12 entire [1J 16:6 equipment [1 J 44:17 erect [1] 27:5 erie [1] 43:8 established [1] 40:18 estimate [3J 6:1; 38:1; 39:12 estimated [1) 12:15 estimating [1] 6:3 eventually [1} 45:12 evidence [2] 32:6; 71:16 exactly [5J 14:25; 18:10; 25:22; 35:15; 40;12 examination [6] 3:2; 4;9; 42:16; 56:8; 65;12; 68:12 examined [1] 4:7 except [2] 4:3; 24:15 exceptional [1] 33:6 excuse [1] 46:3 exhibit [3J 23;23; 40:3; 54:25 exhibits [1J 3:13 expenses (1) 47:7 experience [2] 52:12; 69:7 explain [2J 39:20; 53;25 extent [1 J 35:25 . F. face [2] 4:25 fact [6] 12;25; 21:15, 19; 22:7; 24:6 factory [3J 3:15. 16; 41:7 failure [1] 43:16 fair [2] 5:15; 40:2 fairly [2] 56:20; 62:3 fallen [1] 36:8 familiar [1J 46:20 far [16J 13:1; 19;6; 20:14; 23:6; 25:3; 28:13. 22; 30:4; 32:1. 12; 34:3. 10; 41:20. 23; 54:16; 63:13 farm (13J 1:4; 8:16; 9:20. 21; 10:18; 11:2.7,20; 12:1; 14:10; 41:8; 42:19; 57:18 fault [3] 43:20; 44:1; 47:14 february [1] 51;5 fee [2] 31:25; 32:3 fees [1J 32:5 feet [6J 13:2; 21 :23; 30:17, 20; 31:7; 47:15 fell [2] 35:25; 69:10 fellclws [1] 45:16 fence [33J 1 :4; 8:16; 9:20, 21; 10:18; 11:2.7,20; 12:1; 14:10; 21:22, 25; 22:9; 25:10, 18, 24; 27:5. 13; 30:9, 12; 31:12. 13, 18, 24; 32:7, 9. 13; 41 :8; 42:19; 54:9; 57: 18; 60:6 fences [1] 46:15 fen"'n9 [45] 1 :5; 10:6. 7. 12. 15; 11:1. 10. 21; 13:2; 14:6. 14; 17;1; 18:25; 19:19; 20:20. 21; 22:1; 36:3; 38:11; 40:14; 42:25; 45:2. 7. 20; 48:4; 50:23; 52:12; 57:20. 22; 58:14; 59:2.12. 13. 16.21; 63:16, 17. 20, 23; 66:15,21; 69:8,13 few [3J 40:8; 42:20; 60:22 file [1] 20:1 filed [1] 4:12 fill [2J 36:20; 46:6 find [1J 5:22 finls,h [5J 21 :9; 28:19; 32:17; 35:19; 65:3 f1nl..hed [1] 12:11 f1ni..hing [1] 64:24 first [15J 17:6; 25:11. 14; 27:8; 28:3. 7' 29:22; 31 :5; 34:3; 35:4, 12; 36:17; 41:22; 44:3; 55:21 five [5] 15:22; 38:5; 53:6; 57:11; 64:19 flop [1] 57:2 follClw-up [3J 48:9; 65:11; 68:11 folle,wed [1J 48:7 follclWS (1] 4:7 footage [1) 13:14 foregoing [1] 71:8 forget [1J 68:2 forgot [1) 68:10 form [3J 4:4; 9:8; 13:23 forms [2J 14:18; 36:21 found [3J 35;14; 36;4; 43:11 four [6J 15:1, 22; 30:22; 38:5; 51:14, 22 frame [2] 15:1; 17:25 fringe (1] 44:19 fritz [2] 1;13; 71:4 front [14J 1:16; 25;19; 30:11, 18; 31:9.11,23; 33:14; 34:9; 45:9; 54:4, 5. 10; 55:14 fry [15] 1 :4. 5; 2:5; 23:10. 11, 13, 19; 25:12; 33:19; 36:13; 52:16; 53:4; 55:2 fry's [6J 25:1, 8; 27:16; 28:8; 54:10; 62:1 frys [10] 1:12; 4:12; 23:15; 30:13; 32:10; 35:17; 53:3; 55:25; 62:15; 63:15 full [2] 7:1; 26:10 full-time [1] 38:20 fully [1J 71:16 future [1] 45:17 -G- garage [3] 25:19, 22; 62:4 gate [1J 54:21 gates [3J 27:15; 30:22; 32:21 glenn [6] 18:1, 9, 16,18,19; 45:14 glenn's [1J 50:20 grade [1] 8:10 gross [2] 39:23, 24 ground [7J 30:3, 4. 8' 32:12; 38:25; 67:23; 68:17 guess [4) 6:3; 48:19; 52:10; 69:8 guidelines [2] 3:16; 41:16 guilty [1] 42:4 guy [5] 1:4; 2:5; 23:10; 26:2; 58:11 guys [4] 32:4, 5; 45:15; 60:22 .H - hafer [2] 1:16; 2:4 half [4] 9:1. 6; 24:23; 30:21 hand [2J 65:20; 71:20 handed [1] 40:22 handle [1] 60:25 hands [5] 26:2. 5. 21; 60:15 hang [1] 27:15 hard [3J 7:12; 29:18; 65:1 harrisburg [1J 1:17 headaches [1) 39:25 heading [1J 41:7 health [3J 44:19; 49: 13; 50:2 hedge [1J 25:19 height [3] 21 :22; 29:8; 32:18 help [2J 26:17; 48:20 helped [2] 60:18; 67:19 helper [1] 26:3 helping [1J 26:24 hers [1] 25:22 hey [1J 64:15 high [5] 30:6, 17, 21; 31:7; 69:19 highest [1J 8:9 hili [3] 66:2, 7, 10 himself [1J 43:14 hit [1] 45:14 hockenberry [1] 26:11 hockey [1J 58:22 hold [1] 30:19 holds [2J 29:7 hole [2] 35:1; 53:25 holes [7J 27:11; 29:25; 34:4, 24; 38:24; 54:12; 65:14 holidays [3J 44:20, 22; 50:12 home [2J 7:5; 62:1 homeowner [3] 48:9; 62:20 homeowner's [1] 25:3 homeowners [2] 62:12; 63:1 honest [1] 28:6 honestly [3] 34:11; 40:11; 53:5 horse [1] 47:13 hostetter [4] 16:12, 13; 17:7; 20:15 hour [1] 13:12 hourly [1] 39:2 hours [3] 12:3; 47:10; 51:2 house [7J 54:10, 15, 20; 55:2; 66:24, 25; 67:21 housing [1J 69:3 huckey [10] 26:7, 8, 9; 58:20, 22, 23, 24; 60:16,22; 63:9 hunting [2] 47:24; 48:2 hurt [3] 69:10, 17, 22 -I. i've [1J 23:14 id [lJ 46:7 Idea [3J 37:8; 39:10; 61:2 identify [1] 52:18 important (1] 5:11 Inch [1J 30:21 Inches [4] 30:6, 7; 32:14,15 incident [22] 4:14; 10:22; 13:25; 18:24; 23:9; 28:4, 14; 35:13; 36:3, 6, 13, 16; 37:1, 4, 7, 10, 12, 18, 22; 63:15; 64:1,5 including [1] 53:2 incorporated [1] 10:2 independent [5] 42:24; 43:3; 49:23; 51 :7; 62:7 Index [2J 3:1,13 Indicated [2J 42:21; 53:19 Individual [5] 20:7; 22:22; 23:5; 63:10 information [2) 5:22; 60:7 Initially [lJ 40:20 input [1] 12:16 Inscribed [1J 71:20 inspect [1] 21:10 install [3] 30:20; 31:6; 42:25 installation [4] 8:18; 38:14; 42:22; 49:22 installing [5] 25:8, 24; 30:13; 32:9,13 instance [5J 5:12, 25; 19:9; 36:24; 37:14 Instituted [1J 37:19 instructions [1] 5:7 insurance [19] 19:12, 13, 23; 36:4, 5, 7, 9; 43:6, 7, 10, 15, 22; 44:20; 49: 13; 50:2; 60:6; 63: 13, 24, 25 insured (1] 61:1 Introduce [1] 52:25 involved [2] 29:2; 31:1 Involves [1J 6:1 isn't [2] 48:10 - J- jail [1] 42:9 januzzi [9] 3:5; 39:15; 10; 57:16; 69:25 Jeopardy [1] 59:5 job [65J 8:17; 12:23; 13:1, 12, 13; 16:7; 17:16, 18; 20:7, 11, 23, 24; 21:1, 7, 9, 15, 24; 22:7, 17, 22, 24, 25; 1:22; 56:9, 65:8; 23:2, 5, 14, 15, 18; 24:8; 26:21; 27:18, 25; 28:13,17; 31:1, 25; 32:1; 34:3; 35:6, 19; 38:20; 45:25; 47:12, 13; 48:8; 50:15, 21; 51 :3; 52:25; 53:1, 12; 55:22; 56:16, 25; 60:2; 61:15,19, 21; 62:1,10,16,20; 64:16; 65:18 jobs 118J 12:12; 17:1; 20:9, 10; 25:6; 26:22; 31:18; 38:1; 45:24; 47:11, 25; 48:14,22; 49:1; 50:24; 58:2; 59:4; 66:11 judgment [2] 64:18,22 jump [1] 66:23 june [1] 71:20 junior 11J 26:12 jury [1J 1:6 .K- karl [3] 1 :22; 56:7, 10 katie [lJ 8:2 keep [3] 17:24; 29:8; 53:15 kept [1] 38:24 kids [2J 33:16; 60:17 kind 13] 19:15; 44:8; 50:18 kinds [1J 45:5 knowledge [3J 37:2; 62:21; 66:18 -L- lady [2] 35:24; 36:8 lancaster [5] 15:11; 58:3; 66:6, 8, 16 land [5] 68:14, 16, 22, 25; 69:4 lapse [1J 43:15 lapsed [4] 36:4, 5; 43:11,20 lapsing [1J 43:6 last [2J 7:3; 15:1 law [1J 1:3 lawsuit [3J 4:12; 5:23; 28:4 lawyer [1J 61:7 lawyers [1] 4:23 lay [2J 24:23; 53:16 learn [1J 28:3 learned [4] 28:7, 11,14; 35:13 leaving [3] 49:17; 53:11; 56:1 left [4] 34:2, 21; 50:21; 55:22 left-hand [1] 25:18 legllole [1] 23:7 leroy [lJ 26:11 less [7] 39:13, 14, 15,24,25 let [6] 5:19; 6:2, 5, 8,11; 42:14 lett"rs [1] 43:18 level [2] 8:9; 27:11 IIcel1se [4J 19:14, 16,:12; 63:12 likely [2J 35:8; 54:5 limited [lJ 20:20 line [18] 12:13; 27:10; 29:3, 5, 6, 10, 11; 30:2,4, 7; 32:16, 22, 23; 33:2; 47:4; 53:2; 57:9 lined [1] 12:14 line, [5] 6:2; 19:4; 37:15; 53:16,17 list [2J 22:16; 61:17 IIttl" [91 32:4; 37:2:5; 56:24; 57:3, 13; 60:18; 64:23; 65:2:0; 66:23 live [3J 25:17; 66:2:4; 68:15 live" [2J 7:16; 25:17 Iivl"g [2] 7: 13; 67:17 lip [2] 1:16; 2:4 loa" [lJ 68:18 loc"ted [2J 18:12; 66:6 IOcClltion [3] 13:7; 22:12; 33:14 lonn [15J 6:10; 7:1<" 20; 8:19, 21, 25; 10:11; 15:21; 17:20; 27:17; 32:16; 36:1; 37:22; 51:15; 58:13 lool:ed [1] 62:3 1001:lng [1] 60:4 1001<5 [3J 55:14; 56:20; 60:5 lori [5] 1:1; 2:7; 4:1<>; 54:23; 56: 11 losing [lJ 59:5 -M - ma(:hine [1] 65:18 main [2J 66:3, 5 maintenance [1] 39::';~3 major [lJ 42:1 mal'ing [4] 5:10; 39:9,12,15 manager [2] 16:12, 15 manually [lJ 65:15 map [2J 13:3; 22:11 march [3] 4:14; 18:2:4; 23:9 marked [5J 23:23; 24: 1; 31 :2; 40:3, 6 married [1 J 7:20 martson [1] 2:2 marysvllle [1] 18:13 mason [2] 29: 11 material [7] 22:16, 18,24; 30:20; 31:6, 8; 61:17 materials [7) 22:18; 23:2; 24:8; 47:2; 61:10,12,14 matter [1J 5:3 maxine [2] 1 :5; 2:5 maybe [4J 35:9; 38:5; 60:5; 61:20 meaning [lJ 44:7 measurements [1] 27:9 mechanic [1] 26:15 medication [1] 6:13 meet [2] 6:19; 52:15 meeting [2] 52:16, 17 members {1] 30:21 mentioned [15] 14:23; 18:16; 19:22; 20:5; 21 :13, 15; 22:6, 8, 11; 28:16; 29:2; 39:18; 65:22,23; 66:10 mess [1J 56:22 met [4] 23:14, 15; 45:8,10 might [4] 41:19; 53:5; 60:8; 69:22 military [lJ 42:11 mlllcreek [76J 1 :4; 2:3; 8:16,23; 9:14, 19,21; 10:18; 11:2, 7, 20, 22; 12:1, 22; 14:10, 11, 14, 15, 19, 20, 22, 24; 15:6, 12,16; 16:3, 10, 18, 22, 23; 19:1, 7, 8, 17; 20:6, 17, 19; 21:6, 10; 22:4, 20; 23:1; 36:16; 38:14; 40:16, 17, 20; 41:8, 12; 42:19, 22, 24; 43:3; 46: 11; 49:21; 51:1, 8, 11, 18; 52:2; 53:13, 14; 57:14, 18, 19; 59:6, 10, 14, 25; 60:6; 61:11, 21, 25; 62:25; 64:15; 65:23 miller [11J 17:17, 18,20; 18:3, 13, 19, 20; 44:3; 45:2; 50:17,18 miller's [lJ 52:13 mlllerstown [1] 7:6 mind [2] 50:19; 51:6 mine [1] 40:15 minor [lJ 42:1 minutes [1J 40:8 mishap [2] 35:17. 21 mistakes [1J 68:5 misunderstanding [1] 23:21 mom [3J 25:16.20 money [1J 47:15 months [4J 9:1. 6: 39:11 morning [2] 47:20: 50:21 mortgage [7] 67:5. 6.7.8.10.21 most (2) 38:9: 56:11 move [1] 33:7 mr [39J 3:3. 4. 5: 4:10. 11: 9:8. 15. 18; 17:13. 14; 23:11. 24; 33:21. 24; 34:1; 36:12; 39:15. 17; 40:4; 42:15. 17. 18. 19; 52:16; 53:4; 56:6. 9. 10; 57:15. 16; 65:8. 10. 13; 68:9. 11.13; 69:24.25 mrs [5] 23:13; 36:13; 37:3; 52:16; 53:4 ms [1J 37:4 much [8J 32:1; 39:1. 4. 8' 47:10; 50:11; 58:8. 10 myself [1] 52:25 -N- near [2] 34:12; 54:17 necessary [1] 64:13 need [8] 6:8. 10; 22:21; 23:2; 29:8; 61:18; 63:1 needed [1] 34:15 nephew [5J 26:18. 19; 27:1; 48:16; 58:19 news [1] 56:11 nickname [1] 52:23 nobody [2] 37:2; 63:5 nonfencing [1] 59:17 north [1] 1:16 notary [2] 1 :14; 71:22 nothing [7] 20:4; 42:1. 5. 8; 52:6; 64:21; 69:25 notified [1] 36:7 notify [1J 36:9 november [2] 67:14.15 nowhere (1] 54:17 number [9J 8:7; 22:23; 34:6; 40:6; 46:7.8. 9; 54:25 numbered [1] 54:24 -0- oath [2] 4:25; 5:2 oaths [1) 71:5 object [1] 9:8 objection [1] 9:16 objections [1] 4:3 obviously [1] 49:4 occasion [2] 53:9; 61:20 occasionally [6] 21:3; 26:23; 33:11; 60:17.19; 64:4 occurred [5] 4:14; 13:25; 23:9. 10; 37:12 odd [1] 21:23 office [12] 20:6.13; 35:15; 43:1; 50:16; 57:21; 61:3: 66:1. 3.5.16; 71:7 offices [2J 65:24; 66:7 often [3] 19:25; 20: 1 0; 26:22 oh [7] 7:21; 11 :8; 26:19; 39:14; 43:19; 50:8; 52:23 old [2J 7:24; 58:24 once [4] 10:17; 16:17.22; 20:1 one [25] 5:7; 7:8. 22; 25:24; 26:1; 28:20; 30:21; 37:9; 41:24; 45:4; 46:18: 48:3. 22; 50:18; 53:9; 58:13; 62:15. 23. 24. 25; 63:4; 64:9; 65:21; 66:13; 69:21 opportunity [1] 68:6 opposed [1] 9:14 orange [1] 29:16 order [4] 19:7. 8: 27:5; 61:23 otto [1) 2:2 outfit [1] 26:14 outlet [3] 3:15. 16; 41:7 outside [1] 54:7 own [23] 11:12; 18:4; 43:3: 44:1; 45:1. 13. 18. 24; 46:21.22. 24; 47:1; 50:19.22.24; 51:7; 58:1; 64:14.18.21; 66:24; 67:25; 68:14 owned [8] 15:2. 3. 10. 12. 19. 20: 40:16; 67:19 owner [2J 18:19; 68:22 - p. packet [1] 54:23 page [5] 3:2. 14; 40:23: 55:1.14 pages [3J 40:25; 41 :4; 54:24 paid [20J 11:17; 13:11.13. 15; 14:2; 15:13; 16:3; 26:17; 39:2: 44:7. 20. 22. 24; 45:25; 49:4. 11; 50:3.7.8; 51:3 pair [5] 26:2. 5. 21: 60:14.15 paper [1J 61:16 paperwork [8] 12:21. 22. 24; 20:7. 12; 21:13. 14; 22:14 paragraph [6] 30:23; 31 :5. 13. 15. 16 paragraphs [1] 31:3 parties [2J 4:3. 24 past [2J 64:19; 67:15 pause (1) 65:7 pay [5) 13:15; 26:24; 43:16; 48:19; 60:22 paycheck [2] 13:18; 44:15 payments [4] 39:22; 46:3; 49:5; 67:5 pennsylvania I5] 1:1.17; 7:6; 71:1.7 people [6] 6:19; 43:2. 3: 57:8; 64:19; 69:17 people's [3] 13:1; 21:22; 24:7 pequea [1J 8:12 per [2] 45:25; 51:3 percentage [1] 13:12 perhaps [2J 11 :8; 15:15 period [2) 14:13; 59:23 permit (6] 62:12. 13.20.22; 63:2.6 permits [2J 25:2. 5 person [2] 24:18; 48:19 personal [1) 60:25 personally [1] 23:12 pertinent [1] 5:23 perusing [2] 24:2; 40:24 phone [2] 35:21; 36:10 pick [1J 22:20 picked [1] 45:7 picket [7J 25:10; 27:13; 30:21; 31:12.13; 32:9.13 pickets [3] 27:14: 28:25; 32: 15 picture [4] 54:22; 55:1.5.14 pictures [2J 54:24: 56:14 pile [4] 55:15. 20; 56:4.21 pile" [11] 32:25; 33:5. 34:23. 25: 53:1:l. 22; 54:4. 11; 55:9,19; 56:15 place [10] 1:16; 13:5: 22:19; 29:5; 33:9, 12; 34:21; 37:23; 51:16: 56:15 placed [1] 5:2 plaintiff [2) 1: 1. 23 plaintiffs [1] 54:25 plead [1] 42:4 pleas [1] 1:1 please [6J 5:19; 6:11. 25; 7:3; 24: 1; 68:8 pointing [1J 55:13 poles [1] 55:9 porc;h [6] 30:18; 31:9. 11. 24; 32:7; 45:9 portions [1] 35:23 post [4] 53:25; 54:3. 4; 56:4 posthole [3] 53:23; 54:2 postholes 55:15 poslls [19] 22:17: 27:11; 28:24; 29:7. 23. :15; 31:8; 32:19. 25; 34:5. 7. 12. 24; 53:2; 55:12; 61:18; 65:14 potElntial [1] 45:14 prec:aution [1] 56:3 pre(;autions [6] 33:4. 17. 18. 22. 24. 25 preparation 6:16 prepare [2] 6:20, 23 preF)ared preF)ares pre!.ent 26:1.21 pre!.enled 54:24 pretty [5] 47:10; 52:13; 58:8. 10; 69:2.2 printout [1] 71:13 prior [10] 9:6. 19; 14:~1, 24; 15:6; 16:~1; 17:12; 23:15; 36:€i: 40:9 problem [9] 9:17; 21:21. 6. 11; 48:6; 61:<i. 22; 62:5; 64:23 problems [1] 39:25 prol::edure [1 J 56:25 prol::edures 14:1 [1] [1] [1] 12:19 [1] 68:3 [3] 2:6; [1] [1) proceedings [1] 71:15 process [2) 29: 19; 37:14 product [1] 46:20 promotion [2] 38:23; 39:18 properties [1] 67:25 property [2] 25:21; 67:19 proposal [5) 3:15; 24:13; 30:11. 24; 31:2 proprietorship [1] 10:9 provide [3] 19:11. 25; 20:2 provided [3) 22:1. 2.3 public [5] 1:14; 33:15; 64:11; 71:5. 22 punch [1] 49:16 purchase [1] 47:4 purchased [3] 41:13; 52:2; 61:11 putting [4J 30:10; 46:15; 64:11; 69:7 -Q- qfs [54] 3:15. 16; 14:11. 15. 19. 24; 15:2. 3. 6. 8. 10. 12. 13.16.21.25; 16:3. 10.11.17.22; 17:6. 11; 18:5.22; 21:1: 40:15. 20; 41:7. 13. 19. 22; 45:9. 24; 46:11. 14. 18; 48:3. 4. 22; 49:4. 8. 19; 50:4. 14. 24: 51 :8. 10. 17; 52:2. 19; 57:14 question [12] 4:4; 5:17. 18. 19.20.25; 9:9. 16; 15:15; 29:14; 64:25; 65:4 questions [14] 4:24; 5:1. 9. 12; 6:14; 42:14. 20; 56:11; 62:11; 64:24; 65:8. 11: 68:10; 71:11 quick [1] 65:10 quite [1J 21:4 quoted [2] 12:14. 17 quotes [1] 12:19 .R. rail [4) 27: 12; 29:7; 31:18; 32:15 railing [6] 20:21; 30:18. 25; 31:8. 9; 32:3 railings [2) 45:9; 58:16 rails [7J 27:13, 14; 32:18; 34:13, 16, 18,19 ran [3J 17:10; 25:21; 54:19 rarely [1] 61 :20 rate [1J 13:14 rather [1J 32:4 reading [1J 30:23 reason [1] 6:11 recall [23] 14:18; 23:18; 24:3; 25:11, 14; 28:3, 22; 32:8; 33:18, 21; 34:2, 7, 13; 35:16, 22; 36:19,23; 41:3,21; 56:2; 60:3; 62:9; 65:19 receive [3] 23:4; 24:17, 19 receiving [1] 41:21 recollection [1J 62:7 record [1J 6:25 recorded [1] 36:25 records [1] 42:13 reduced [1J 71:13 registered [1] 19:20 relslnger [2] 43:8, 18 remain [2] 16:17; 19:9 remember [23] 6:4, 5, 8; 18:10; 20:4; 25:20; 27:20, 23; 28:15, 24; 35:3, 18, 24; 36:22; 41:20, 24; 51:20; 52:16, 17; 53:7; 60:1; 81:4,25 rent [1J 67:4 rephrase [1J 5:20 report [2J 36:21; 61:1 reported [1J 16:11 reporter [4] 5:8; 65:1; 68:3; 71 :14 reporter~notary [2] 71:5,12 represent [4] 4:12; 42:19; 55:5; 56:10 represented [1] 4:16 required [5] 13:1; 21:24; 22:16; 24:8; 25:2 requirements [2] 19:1; 22:8 reserved [1] 4:4 residence [10] 13:7; 23:10, 20; 25:1, 9, 12, 18; 27:17; 28:8; 33:19 residences (1] 25:1 residential [1] 13:9 resldentlal~commer cial [1] 41:8 respective [1] 4:3 responsibility [2] 25:4; 62:23 rest [1J 29:17 review [2] 6:17,19 riding [1J 33:16 right-hand [1J 25:17 risk [1J 69:19 risky [2] 69:21, 23 road [2J 7:6; 86:24 round [1] 38:8 row [1J 25:19 running [1] 33:16 -5- s-e-g-o-r [1J 7:4 sacrete [1] 39:23 salary [4] 39:3; 50:5,9; 51:3 salesman [3] 28:5; 35:13; 36:10 salesman's [1] 31:23 satisfaction [2] 21:12; 48:7 saw [3J 23:19; 40:13; 41:3 sawhorse [1] 64:9 saying [3J 26:20; 37:9; 65:2 says [2] 31:18; 41:7 scene [1] 6:22 schedule [2] 12:7, 10 scheduling [2J 20:14; 38:15 school [2] 8:11; 60:17 screw [2) 27:14 season [1] 47:24 second (4J 30:19, 23; 31:13; 40:23 seconds [1] 57:11 sections [3] 22:17; 28:25; 61:17 security [4J 8:7; 13:18; 46:7,9 seeing [1] 60:19 seger [16J 1:5,11; 3:3; 4:6, 11; 7:2; 23:23; 24:1; 30:12; 31:2; 40:3, 6' 42:18; 56:6, 10; 71:8 self-employed [1J 17:16 sent [3] 4:20; 43:18; 48:4 sentences [1] 31:17 set [18] 12:7, 10; 14:16; 22:19; 27: 11; 28:24; 29:6; 30:2; 32:5; 33:1; 34:5, 7, 12, 13; 38:16; 40:17; 61:11; 63:9 sets [1J 32:18 setting [2] 32:19; 53:2 setup [3J 31 :25; 32:3,5 several [2] 6:4; 65:23 she'll [1J 5:10 sheet [10J 12:25; 21:15, 19, 20, 21; 22:7; 24:6,7,21,23 sheets [1J 41:17 shollenberger [1] 1:22 shop [1] 22:22 short [1] 42:5 show [4] 23:25; 40:5; 50:14; 54:22 showed [1J 47:11 showing [2] 39:24; 40:25 shows [3J 24:22; 30:17; 55:1 sidewalk [21] 32:24; 33:15; 34:8, 13, 24; 35:2; 53:20, 21,24; 54:1, 3, 13, 16,18,19; 55:1,10; 56:21; 57:9; 64:11, 17 sidewalks 56:18,19 sign [2] 68:3,6 signature [1J 24:24 signed [1J 24:18 simple [2J 57:6; 62:3 sit [3] 4:25; 27:12; 62:8 site [3] 55:23; 61 :21 situation (4] 9:13; 49:21,23; 61:8 sizes [1] 38:4 skill [1J 46:15 skyscraper 59:20 small [3J 38:5; 45:15; 60:2 snyder [10J 17:17, 18, 20; 18:3, 13,20; 44:3; 45:2; 50:17; 52:13 social [4] 8:7; 13:18; 46:7,9 sold [1] 16:3 sole [1] 10:9 solely [1] 36:9 somebody [4] 15:11; 25:17; 59:7; 60:4 someone [6] 36:25; 48:16; 61 :21; 68:21; 69:9,21 somewhat [1] 25:13 somewhere 55:10 sorry [4) 34:17; 37:4; sort [2J 61:22 [2J 21:1; [1J [1J 22:15; 40:22 40:16; soul1d [1] 51:24 soul1ds [1] 29:14 SOUI"ces {1] 17:8 spa"e [1J 50:16 spa"er [1J 27:12 spe"iai [5J 19:1; 32:23; 33:4, 17; 52:18 spe"lalize [1J 45:4 spe"ifically [2] 14:14; 65:21 spe..dlng [2] 42:5, 7 spell [1] 7:3 spellin9 [1] 68:4 splil: [1J 32:2 spolke [2J 43:14; 60:25 squ,"e [1] 27:9 ss [1J 71:1 stak.es [1] 30:3 start [5J 32:17; 38:22; 63:2; 64:24; 65:4 started [7J 12:23; 15:12; 23:14; 35:4; 40:20; 41:22; 46:10 starling [2J 44:2; 46:14 sta... [1J 7:1 sta...d [6J 23:7; 35:12: 36:18; 38:13; 63:5; 64:8 stahtments [1] 36:24 stay' [4J 11:15; 14:2; 16:3; 53:18 stay'ed [1J 16:6 stenotype [1J 71:11 steps [1] 27:4 sticl. [1] 32:15 still [12] 11:15,17; 18:14; 20:17; 28:10; 40:15; 42:24; 50:7; 53:15, 17; 55:23; 57:19 stipulated [1J 4:2 stipulation [2J 4:1; 64:19 stonearch [3} 7:6, 8; 66:24 stop [3J 10:17,20; 43:22 stol.ped [5] 10:21, 25; 18:20; 28:23; 63:16 stol.ping [1J 35:2 story [1J 69:19 straight [4J 11 :24; 25:21; 29:7; 50:9 street [6J 1:16; 54:11, 12; 55:6, 9, 15 strictly [2J 66:19; 67:21 stri~'e [2] 45:2; 65:22 strln9 [22] 27:10; 29:3, 5, 6, 10, 12, 15, 20; 32:12, 16; 33:2; 34:21; 37:14; 47:4; 53:11,15,21; 55:23; 56:1; 57:1, 8; 64:16 structural [1] 31:8 stuff [13J 13:3; 21 :23; 24:22; 33:5, 17; 38:16; 42:1,5; 45:9; 46:19; 60:19; 63:13,24 stupid [1J 29:14 style [1] 21:22 sub [1J 60:6 subbing [1J 59:9 subcontractor [21] 9:7, 9, 23; 11 :9; 14:10; 15:24: 16:1; 17:11: 18:22; 19:2, 7, 9; 20:24; 39:9; 40:14; 57:25; 58:13, 18; 59:1, 5; 66:13 subcontractors [5} 58:4, 7, 15; 66:11, 17 subject [1] 28:4 subs [1] 57:19 such [1J 19:2 summer [6] 12:5, 8' 38:3; 39:11; 60:18 sunday [1] 35:9 supervise [1J 48:4 supervisor [1] 16:10 supplies [2J 22:1, 20 supposed [2J 62:19,22 sure [10] 14:25; 28:5; 43:19; 47:23; 51:15; 61:2; 63:1, 11,14; 68:9 sworn [2) 4:7; 71:10 systems [4J 1:4; 41:9: 42:20; 57:18 -T- talk [1] 43:13 talked [3J 43:6; 47:6; 61:7 talking [2] 62:9; 65:3 tam [1] 45:21 tammy [2J 7:19; 45:22 tax [1J 46:7 taxes [5] 13: 1 8; 44:7,15; 49:6; 50:1 telling [1] 48:23 ten [3] 52:11; 54:20; 69:8 tendency [1] 58:8 terribly [1J 6:10 testified [1) 4:7 testimony [9] 3: 1; 5:3, 8, 10; 41:11; 51:23: 55:22; 71:8, 19 they'd [3J 46:2; 47:11; 48:10 they're (1J 55:12 third [2] 31:15,16 thomas [12J 1:5, 11, 16; 2:4; 3:3; 4:6, 11; 7:2; 71:8 though [lJ 59:12 thought [3J 18:4; 45:17,19 three (12J 10:13; 14:6, 7, 23; 15:1; 31:3; 38:5; 45:15; 47:14; 51:13; 53:6; 59:20 three-year {1] 59:23 tickets [2J 42:5, 7 times [5J 24:24; 47:23; 53:6; 64:3 together [1J 29:1 told (6J 28:6; 35:14, 16; 43:24; 61:3,5 tom [2J 45:22; 62:25 too (5J 29:17; 47:21; 56:12; 67:23; 69:6 took [6) 33:16; 46:11; 46:16; 51:16; 53:13,14 tools [2J 44:17; 46:21 top (4J 24:13; 27:13,14; 41:6 totally (2J 34:4; 35:18 tough [1J 7:22 tractor [2J 39:22; 65:19 trade [1] 45:7 trading [1J 42:19 traditional [2J 30:18; 31:7 traffic [lJ 64:12 train (2J 44:12; 46:19 training (2J 19:11, 15 transcribing [1] 65:2 transcript [4] 5:14; 68:3,7; 71:18 trial (4J 1 :6; 4:4; 5:3; 71:6 trick (1] 5:21 tripped [lJ 69:9 trips (1 J 31 :25 truck (4J 39:22; 46:24; 47:1, 7 trucking (lJ 26:14 trucks [lJ 44:18 truthfully [lJ 6:14 tucker [3J 52:19, 21,24 turn [lJ 49:1 two (17] 9:1, 6; 27:19; 31:17, 40:25; 58:12; 66:8,9 two-day [lJ 28:17 typical (lJ 38:2 typically [5] 25:2; 29:15; 30:5,7; 62:2 29:6, 17; 24; 32:5; 41:4; 45:15; 60:7, 10; -u- uh-huh [4] 5:5, 6, 13; 7:9 um-hum (3J 10:8; 21:16; 59:22 under [23J 4:24; 5:2; 10:4,6, 11, 14; 11:9, 12, 14, 21; 14:3, 6, 20, 22; 16:25; 18:25; 40:14; 46:19; 52:3; 63:16,22,23; 71:13 understand [11) 4:16; 5:4, 18, 19; 8:20, 22; 9:20; 21 :4, 7; 55:22; 61:22 understanding [4] 15:10; 19:5; 43:9; 69:15 understood [1J 62:5 uniform [1] 29:8 unit [lJ 69:3 unless [lJ 35:9 unsigned (lJ 24:19 upper [1J 24:23 uses (lJ 57:19 -v- vacation [5] 44:24; 49:11; 50:3,12 valley (lJ 8:12 varied [4] 12:5; 32:14; 38:4; 39:10 varies (1J 30:5 various [1] 53:2 view (2J 69:12,14 vs [lJ 1:2 -w- walk [4] 57:8; 62:22; 64:19,20 walking (2J 33:16; 54:17 walkway (2J 32:24; 33:3 walkways (2J 33:10; 64:4 ways [lJ 65:17 we'd [lJ 59:7 week [5] 12:3; 35:3; 38:2; 39:6; 50:7 weekly [1] 20:9 whatever (6J 22:17; 24:7; 27:10; 48:2; 53:6; 57:2 whatnot [lJ 24:9 wheelbarrow [2] 57:3; 64:6 where's (lJ 66:5 white [2J 30:21; 31:7 who's [2J 68:21, 22 whoever (2J 20:13; 32:3 whole [lJ 27:18 wide [lJ 30:22 wife [4] 7:17; 66:14,23; 69:5 wile's [1] 7:18 williams [lJ 2:2 window (lJ 62:23 wing [lJ 46:19 winter [2] 12:5; 39:11 wise (lJ 15:20 within (2J 14:25; 71:17 without [1] 54:8 witnesses [1] 37:7 word [2J 7:8; 24:13 work (65] 8:15; 9:2, 20, 23; 10:14, 24; 11:9,12,15,22, 23, 25; 12:3, 7, 9, 13, 16; 13:9; 14:9; 15:5, 8, 16; 16:2, 20; 18:5; 20:19; 21:10; 23:19; 24:19, 25; 25:6; 27:16; 28:8, 11, 23; 31:10; 32:6; 34:2, 20; 35:4; 37:13; 38:8, 17; 43:2; 47:16, 19; 57:23; 58:4, 5; 59:10, 13, 16, 17, 24; 61:23; 63:2, 22, 23; 65:22; 66:1,21; 69:5,13 worked [15J 9:20; 10:6; 11:24; 17:11, 17, 24; 18:1, 8; 44:3, 6, 10; 45:3; 46:22; 48:13; 51:10 working [37J 8:20; 10:25; 11 :20; 13:5; 14:6, 14, 15; 15:12, 21; 16:25; 17:4; 18:20, 22, 25; 20:5, 24; 25:24; 26:14; 27:19; 36:2; 38:11; 39:9; 40:14; 46:10, 14; 48:3; 49:17; 50:3, 17, 19; 51:2, 6; 53:1; 63:16; 67:13; 69:19 works [1] 50:13 writing (2J 52:6; 65:1 written [1] 5:10 wrong (lJ 18:6 wrote (lJ 23:7 -y- yard [4J 29:9; 54:10,13; 55:18 yard's (lJ 54:14 year [8] 13:22; 38:8; 46:2; 47:23; 53:12; 58:9 years (23J 6:5; 7:15, 23; 10:13; 14:6, 7, 23; 15:1, 22; 17:22, 23; 45:3; 46:11; 51 :14, 22; 52:3, 11; 53:13; 58:12; 59:20; 67:16; 69:8 yellClw [lJ 29:16 yep [lJ 58:21 you'd (5J 47:7; 48:1; 60:22; 61:10, 17 youl'self (8J 4:13; 9:25; 18:21; 27:1; 38:17; 52:18; 60:25; 63:7 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Marts on 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, P A, first class mail, postage prepaid, addressed as follows: Karl J. Januzzi, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Thomas S. Brumbaugh, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Mr. Thomas Seger T&T Fencing Route I Millerstown, P A 17062 ~TSO~ DEARDO~S & OTTO AmiJ. Th a 10 East Hi Street Carlisle, P A 17013 (717) 243-3341 Dated: August 10, 2005 W'"J '~l-' n~'..- ; -;>- .-, ~~-:.- "-. r:: L_, '5::: l~ ! -- "'J ;-',;~ n ~;; 'c:l -;; .... = = "" :0- <:= G"> ~ :2, :!1 r1r- -om :",)9 C l::' :T":,:q <5(') t5r'n -I ~ '< c:> "'" =:.0: C5 (...) en PRAECIPE FOR LISTING CASE FOR ARGUMENT (lVIust be typewritten and snbmitted 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) LORI AZAR, (Plaintiff) vs. DAVID S. BEILER t/a MILL CREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE FRY, and THOMAS SEGER t/a T & T FENCING, (Defendant) (s) No. 06369-2003 > Civil Tel'ni I. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant Beiler's Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: Karl J. Januzzi, Esq., 2225 Millennium Way, Enola. PA 17025 (Name and Address) (b) for defendant: Thomas S. Brumbaugh, Esq., 305 N. Front St., Harrisburg, PA 17108 (Name and Address) Daniel K. Deardorff, Esq., 10 E. High St., Carlisle, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed fOI argument. 4. Argument Court Date: October~, 2005 ~~J'k (t ~ Daniel K. Deardorff, Esquire Print your name Date: August 22, 2005 Defendant D~,id S. Beiler t/a Attorney ror Mill Creek Fence & Farm Systems Q. ~3? ,'\;.(; , --\'\ \/~:' _Eo. .;:.. -'~.. ( "':7. ( 'y'C.-", .~ .-' ~ V' ~ G; ~ ~ <e t'> -- ~ -1-.1 ~i"- P T'" :?;'L( ;;,~)J, (;\ '^\"""":' >~t"') ':-:;:'f\'l '(~ -;;;r .~!.i LORI AZAR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID S. BEILER tla MILL CREEK FENCE & FARM SYSTEMS, GUY FRY, : MAXINE FRY and THOMAS SEGER tla : T & T FENCING, DEFENDANTS : 03-6369 CIVIL TERM IN RE: MOTION OF DEFENDANT DAVID S. BEILER tJa MILL CREEK FENCE & FARM SYSTEMS FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this /~ day of October, 2005, the motion of defendant, David S. Beiler tla Mill Creek Fence & Farm Systems, for summary judgment, IS DENIED. / Karl J. Januzzi, Esquire / For Plaintiff ------" By the Court,- .-"" ~niel K. Deardorff, Esquire For David S. Beiler tla Mill Creek Fence & Farm Systems ~mas S. Brumbaugh, Esquire For Guy Fry and Maxine Fry ~omas Seger T & T Fencing Route 1 Milllerstown, PA 17062 ~ :sal ) , ) ':',,' 1-- PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sutmitted in duplicate) TO THE PIDrHONJTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) x for JURY trial at the next term of civil court. for trial without a jury. -----------~----------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ( X) Civil Action - Law Appeal from Arbitration LORI AZAR, (other) ( Plaintiff) vs. DAVID S. BEILER t/a MILLCREEK FENCE & FARM SYSTEMS, GuY FRY, MAXINE FRY, and THOMAS SEGER t/a T & T FENCING, The trial list will be called on 5/16/2006 and Trials corrmence on _ 6/12/2006 (Defendant) Pretrials will be held on 5/24/2006 (Briefs are due 5 days before pretrials. ) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 2003-6369 Civil Jlj) 2003 Indicate the attorney who will try case for the party who files this praecipe: Daniel K. Deardorff, Esquire Indicate trial counsel for other parties if known: Thomas Brumbaugh, Esquire, Karl Januzzi, Esquire, and Thomas Seger (Not Represented) This case is ready for trial. "9"'" r.l k O. - vtfI Prlnt Name: Daniel K. Deardorff, Esquire Date: April 24, 2006 Attorney for: David Beiler , ';':x' \~.I (.;J ~\--. f , LORI AZAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID S. BEILER t/a MILLCREEK FENCE & FARM SYSTEMS, GUY FRY, MAXINE and THOMAS SEGER t/a T & T FENCING, Defendants CIVIL ACTION - LAW FRY () c- ;:~ S!f:-:" NO. 03-6369 CIVIL TERNi.' ......, = = c" o ., :r!., mp -om _uO ':~~~: ;:~~15 (jm " :in -< ~ ~ ;:~,::' :: AND NOW, this 24th day of May, 2006, before E~ar7.B. =:l w , q) Bayley, Judge, present for the plaintiff was Karl J. Januzzl, :x > -< N .c- PRETRIAL CONFERENCE Esquire, for the Defendant David S. Beiler, trading as Millcreek Fence and Farm Systems, Daniel K. Deardorff, Esquire, and for Defendants Guy and Maxine Fry, Thomas S. Brumbaugh, Esquire. Thomas Seger, trading as T & T Fencing, is not represented and he did not appear. This suit arises out of injuries sustained by Lori Azar on February 24, 2004, when she arrived as a visitor at the home of Guy and Maxine Fry. Plaintiff claims that she walked toward the back porch of the home on a sidewalk and tripped and fell over a thin wire or string that had been extended across the sidewalk by workers who were installing a fence on the Frys' property. David Beiler, trading as Millcreek Fence and Farm Systems, entered into a contract with the Frys to install a fence on the property. Beiler maintains that it subcontracted the job to Thomas Seger, trading as T & T Fencing. Seger apparently set the wire or string to line up the fence and did not remove it during a weekend when he was not working on the job, and the accident happened. Plaintiff's claim against Beiler and Seger lies in negligence. Beiler maintains that he cannot be held liable for any negligence of Seger who was a subcontractor. Plaintiff , maintains that Beiler maintains sufficient control over the work of Seger to be liable for any negligence on the part of Seger. Plaintiff claims that the Frys are negligent as possessors of the land for failure to exercise a duty to protect others from harm by permitting a dangerous condition on the land and/or failing to warn others of that dangerous condition. Plaintiff seeks lost wages and general damages for her injuries from which she maintains she developed carpal tunnel syndrome. Estimated time of trial, two and a half days. The parties shall provide the trial judge at the commencement of trial with a memorandum and suggested points for charge on the liability issue as to the contractor Beiler. The points for charge may be supplemented at the end of all By testimony. Edga Karl J. Januzzi, Esquire For Plaintiff Daniel K. Deardorff. Esquire For Defendant David Beiler Thomas S. Brumbaugh, Esquire For Defendants Guy and Maxine Fry Thomas Seger t/a T & T Fencing Route 1 Millerstown, PA 17062 prs ...... . ..# SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff LORI AZAR, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06369-2003 DAVID S. BEILER, tla MILLCREEK FENCE & FARM SYSTEMS; GUY FRY CIVIL ACTION - LAW and MAXINE FRY, individually and as JURY TRIAL DEMANDED husband and wife, and THOMAS SEGER, tla T & T FENCING, Defendants To the Prothonotary: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By Karl zzi, Esquire Attorney . D. #65575 Dated: June ~ ,2006 ~ .. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attome s for Plaintiff LORI AZAR, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06369-2003 DAVID S. BEILER, Va MILLCREEK FENCE & FARM SYSTEMS; GUY FRY CIVIL ACTION - LAW and MAXINE FRY, individually and as JURY TRIAL DEMANDED husband and wife, and THOMAS SEGER, Va T & T FENCING, Defendants AND NOW this lL day of June, 2006, I hereby certify that I have served the Praecipe to Settle, End and Discontinue on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Daniel K. Deardorff, Esq. Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Thomas S. Brumbaugh, Esq. Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Mr. Thomas Seger T & T Fencing Rt. 1 Millerstown, PA 17062 By: ~ ("'; -h c_ ::::::f 1 ( ~1 :;::-.'" -';'" ;::::~ C) c: