Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08-6131
Thomas E. Brenner, Esquire GOLDBERG KATZMAN, PC PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 INFINITY CRANE AND EXCAVATION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION -LAW V. . NO. b2- W51 ivi t Ter+M LAUREN FISCHL, NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 Defendant NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 Thomas E. Brenner, Esquire GOLDBERG KATZMAN, PC PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 INFINITY CRANE AND EXCAVATION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION -LAW V. NO. 0f- 4!3(1 ?c LAUREN FISCHL, Defendant COMPLAINT AND NOW, comes Plaintiff Infinity Crane and Excavation, by its attorneys Goldberg Katzman, P.C., who state the following: 1. Plaintiff Infinity Crane and Excavation (hereinafter "Infinity") is a business entity authorized to do business in the Commonwealth of Pennsylvania with an address of 241 Perry Road, Ford City, Armstrong County, Pennsylvania. 2. Defendant Lauren Fischl is an adult individual residing at 5066 Shawnee Boulevard, Schnecksville, Lehigh County, Pennsylvania. 3. The events involving this accident occurred on November 19, 2007 in Middlesex Township, Cumberland County, Pennsylvania, on the Pennsylvania Turnpike. 4. At the time and place aforesaid Defendant Fischl was operating a 2004 Jeep and proceeding west on the Pennsylvania Turnpike traveling in the right lane. At the Carlisle interchange, she moved from the right lane into the left lane striking the 2005 Dodge Ram pick-up truck owned by Infinity causing property damage thereto. 5. The aforesaid accident arose from the negligence, carelessness, and recklessness of Defendant Fischl including: a. Her failure to yield the right-of-way to the Infinity vehicle; b. Entering into the lane of travel of the Plaintiff at a time when the vehicle was occupied; c. Striking the passenger side of the Infinity vehicle with her vehicle; and d. Making a lane shift in violation of the Rules and Regulations of the Commonwealth of Pennsylvania. 6. As a direct result of the negligence, carelessness, and recklessness of Defendant Fischl, Plaintiff Infinity incurred damages in the amount of $5,358.51 which includes the vehicle property damage and out-of-pocket rental expense. WHEREFORE, Plaintiff Infinity demands judgment against Defendant Lauren Fischl in the amount of $5,358.51 together with interest and costs of suit. This is an amount requiring submission of this claim to arbitration pursuant to the local Rules of Court. GOLDBER TZMAN, P.C. mas E. Brenner, Esquire PA Attorney ID #32085 Strawberry Square 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Infinity Crane & Excavation Date: October ?, 2008 VERIFICATION I, `Z1 hereby acknowledge that I am an authorized representative of Infinity Crane & Excavation, that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to un.sworn falsification to authorities. INFINITY CRANE & IIXCAVATION Date: 16 J-By: q p -4. - - 3 +Ik 0 0 M VI D tJ? O ^ O -0 O _.._ ...e t: _E -? cz 77 ?..? By: William J. Peters, Esquire Attorney #09983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Defendant, Fischl (Baughman) INFINITY CRANE AND EXCAVATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant DOCKET NO. 08-6131 CIVIL TERM V. CRETE CARRIER CORPORATION and JAMES HARDEN, Additional Defendants CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 800-990-9108 By: William J. Peters, Esquire Attorney #09983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Defendant, Fischl (Baughman) INFINITY CRANE AND EXCAVATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant V. DOCKET NO. 08-6131 CIVIL TERM CRETE CARRIER CORPORATION and JAMES HARDEN, Additional Defendants CIVIL ACTION - LAW COMPLAINT OF DEFENDANT, LAUREN M. FISCHL, NOW LAUREN M. BAUGHMAN, AGAINST ADDITIONAL DEFENDANTS, CRETE CARRIER CORPORATION AND JAMES HARDEN NOW COMES the Defendant, Lauren M. Fischl (now Lauren M. Baughman), by and through her attorney, William J. Peters, and files this Complaint and, in support thereof, states as follows: 1. Defendant, Lauren M. Fischl (now Lauren M. Baughman) ("Baughman"), is an adult individual who resides at 810 Fern Avenue, Franklin, Pennsylvania 16323. 2. Additional Defendant, Crete Carrier Corporation ("Crete"), is a company which conducts business in the Commonwealth of Pennsylvania with an office address of 400 Northwest 56th Street, Lincoln, Nebraska 68528. 3. Additional Defendant, James Harden ("Harden"), is an adult individual residing at 1166 Sunrise Alcove, Woodbury, Minnesota 55125. 4. On or about October 14, 2008, Plaintiff, Infinity Crane and Excavation ("Infinity"), filed a Complaint against Defendant, Baughman, contending that Defendant was negligent and caused an accident which occurred on or about November 19, 2007, on the Pennsylvania Turnpike, Route I-76, in Middlesex Township, Cumberland County, Pennsylvania, when her 2004 Jeep moved from the right lane into the left lane striking the Plaintiff's vehicle, which allegations are specifically denied by Defendant, Baughman. A true and correct copy of Plaintiff s Complaint is attached hereto, without incorporation or adoption thereof, and marked as Exhibit A. 5. In Plaintiffs Complaint, the Plaintiff attempts to collect the sum of $5,358.51 for damages to its vehicle and out of pocket rental expenses. 6. Defendant, Baughman, has filed an Answer and New Matter which denies liability for the accident. A copy of said Answer and New Matter is attached hereto and incorporated herein by reference, and marked as Exhibit B. 7. At all times relevant hereto, Additional Defendant, Harden, was the operator of a 2006 Freight Liner Century Class ST, License Plate No. 111004, owned by Additional Defendant, Crete. 8. On or about the aforementioned time, Defendant, Baughman, was driving westbound on the Pennsylvania Turnpike (I-76) in the right-hand lane. 9. On or about the aforementioned time, Additional Defendant, Harden, while entering the Pennsylvania Turnpike I-76 from the Carlisle Interchange (I-226), caused his vehicle to collide with the right front passenger's side of Defendant's vehicle. 2 10. At the time and place referenced above, Additional Defendant, Harden, was employed by and in the scope of his employment with Additional Defendant, Crete. 11. At the time and place referenced above, Additional Defendant, Harden, failed to operate the vehicle he was driving in a safe and reasonable manner as set forth below: a. Operating said vehicle carelessly or without due caution and circumspection b. Operating said vehicle at an excessive speed for entering onto the Pennsylvania Turnpike (I-76) C. Failing to have his vehicle under proper and adequate control d. Failing to maintain a proper lookout e. Failing to stop, slow, or swerve his vehicle when Additional Defendant knew or in the exercise of reasonable care, should have known that if such action was not undertaken an accident would occur f. Failure to yield the right of way g. Operating his vehicle in violation of Section 3321 of the Pennsylvania Motor Vehicle Code 75 Pa. C.S.A. Section 3321. 12. As a result of Additional Defendant, Harden's negligence, Defendant, Baughman, sustained total loss of her motor vehicle, the reasonable value of which, at the time of the accident, was $14,659.80, less salvage value. Defendant, Baughman, further incurred additional storage and towing charges of $333.00 and car rental fee of $514.88. A true and correct copy of the auto appraisal is attached hereto as Exhibit C. A true and correct copy of the towing and service charge is attached hereto as Exhibit D. A true and correct copy of the car rental statement is attached hereto as Exhibit E. 3 COUNTI DEFENDANT, LAUREN M. FISCHL (NOW LAUREN M. BAUGHMAN) V. ADDITIONAL DEFENDANT, JAMES HARDEN 13. Defendant, Baughman, incorporates paragraphs 1 through 12 above by reference thereto, as though the same were set forth herein at length. 14. At all relevant times, Additional Defendant, Harden, had a duty to act reasonably in the operation of the motor vehicle. 15. The Additional Defendant, Harden, breeched his duty of care owed to Defendant, Baughman, by allowing his vehicle to come in contact with the Defendant's, Baughman's, vehicle. 16. The carelessness, recklessness, and negligence of Additional Defendant, Harden, as hereinabove described, was a substantial factor in causing the collision resulting in the damages sustained by Defendant, Baughman, and the damages sustained by Plaintiff, Infinity Crane and Excavation. 17. As a direct and proximate result of Additional Defendant's, Harden's, actions and/or inactions, Defendant, Baughman, has sustained the damages as set forth in Paragraph 12 of this Complaint, and claim is made therefore. 18. The acts of Additional Defendant, Harden, described herein, were performed while he was acting as a servant, agent, and/or employee of Additional Defendant, Crete. 19. Based upon all of the foregoing, in the event the Defendant, Baughman, is found to have any liability in this matter whatsoever, which is expressly denied, then in that event it is believed and therefore averred that Additional Defendant, Harden, is solely liable to Plaintiff, Infinity, or liable over to Defendant, Baughman, for indemnification and/or contribution, or jointly and/or severally liable to Plaintiff, Infinity, or liable to Defendant, Baughman. 4 WHEREFORE, Defendant, Lauren M. Baughman, demands judgment against Additional Defendant, James Harden, jointly, severely, and/or individually in an amount not to exceed $50,000.00, exclusive of interest and costs, making this case appropriate for compulsory arbitration. COUNT II DEFENDANT, LAUREN M. FISCHL (NOW LAUREN M. BAUGHMAN) V. CRETE CARRIER CORPORATION 20. Defendant, Baughman, incorporates paragraphs 1 through 19 above by reference thereto, as though the same were set forth herein at length. 21. At all times material hereto, Additional Defendant, Harden, was operating a vehicle as the agent, servant, and/or employee of Additional Defendant, Crete, and as such, Additional Defendant, Crete, is liable to the Defendant, Baughman, pursuant to the Doctrine of Agency, Respondent Superior and/or vicarious liability. 22. Based upon all of the foregoing, in the event the Defendant, Baughman, is found to have any liability in this matter whatsoever, which is expressly denied, then in that event it is believed and therefore averred that Additional Defendant, Crete, is solely liable to Plaintiff, Infinity, or liable over to Defendant, Baughman, for indemnification and/or contribution, or jointly and/or severally liable to Plaintiff, Infinity, or liable to Defendant, Baughman. 5 WHEREFORE, Defendant, Lauren M. Baughman, demands judgment against Additional Defendant, Crete Carrier Corporation, jointly, severely, and/or individually in an amount not to exceed $50,000.00, exclusive of interest and costs, making this case appropriate for compulsory arbitration. B Y• William J. Peters, squire Attorney ID # 09983 2931 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-7555 Date: /( -/I/ Attorney for Defendant, Lauren M. Fischl (now Lauren M. Baughman) 6 k0 " Thomas E. Brenner, Esquire GOLDBERG KATZMAN, PC PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 INFINITY CRANE AND EXCAVATION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. LAUREN FISCHL, NO. OR - t31 ?,iv? tTe,rm Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quj a o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 If I IkA -r" " ` All ,,4xi 1 car" pa3 Thomas E. Brenner, Esquire GOLDBERG KATZMAN, PC PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 INFINITY CRANE AND EXCAVATION, V. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. LAUREN FISCHL, Defendant COMPLAINT AND NOW, comes Plaintiff Infinity Crane and Excavation, by its attorneys Goldberg Katzman, P.C., who state the following: 1. Plaintiff Infinity Crane and Excavation (hereinafter "Infinity") is a business entity authorized to do business in the Commonwealth of Pennsylvania with an address of 241 Perry Road, Ford City, Armstrong County, Pennsylvania. 2. Defendant Lauren Fischl is an adult individual residing at 5066 Shawnee Boulevard, Schnecksville, Lehigh County, Pennsylvania. 3. The events involving this accident occurred on November 19, 2007 in Middlesex Township, Cumberland County, Pennsylvania, on the Pennsylvania Turnpike. 4. At the time and place aforesaid Defendant Fischl was operating a 2004 Jeep and proceeding west on the Pennsylvania Turnpike traveling in the right lane. At the Carlisle interchange, she moved from the right lane into the left lane striking the 2005 Dodge Ram pick-up truck owned by Infinity causing property damage thereto. 5. The aforesaid accident arose from the negligence, carelessness, and recklessness of Defendant Fischl including: a. Her failure to yield the right-of-way to the Infinity vehicle; b. Entering into the lane of travel of the Plaintiff at a time when the vehicle was occupied; c. Striking the passenger side of the Infinity vehicle with her vehicle; and d. Making a lane shift in violation of the Rules and Regulations of the Commonwealth of Pennsylvania. 6. As a direct result of the negligence, carelessness, and recklessness of Defendant Fischl, Plaintiff Infinity incurred damages in the amount of $5,358.51 which includes the vehicle property damage and out-of-pocket rental expense. WHEREFORE, Plaintiff Infinity demands judgment against Defendant Lauren Fischl in the amount of $5,358.51 together with interest and costs of suit. This is an amount requiring submission of this claim to arbitration pursuant to the local Rules of Court. GOLDBER TZMAN, P.C. mas E. Brenner, Esquire PA Attorney ID #32085 Strawberry Square 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: October 2008 Attorneys for Plaintiff Infinity Crane & Excavation VERIFICATION hereby acknowledge that I am an authorized representative of Infinity Crane & Excavation, that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. INFINITY CRANE & VXCAVATION By: Date: ?? ?c U By: William J. Peters, Esquire Attorney 409983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Defendant, Fischl (Baughman) INFINITY CRANE AND EXCAVATION, Plaintiff V. LAUREN FISCHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 08-6131 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD TO: Infinity Crane and Excavation c/o Thomas E. Brenner, Esquire Strawberry Square 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 YOU ARE REQUIRED to plead to the enclosed Answer and New Matter of Defendant to Plaintiff's Complaint within twenty (20) days of service hereof, or a judgment may be entered against you. Date: By: ( , ) William J. Peters, Esquire Attorney ID #09983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 wjp@pwlegal.com Attorney for Defendant, Lauren M. Fischl (now Lauren M. Baughman) By: William J. Peters, Esquire Attorney 409983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Defendant, Fischl (Baughman) INFINITY CRANE AND EXCAVATION, Plaintiff V. LAUREN FISCHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 08-6131 CIVIL TERM CIVIL ACTION - LAW ANSWER AND NEW MATTER OF DEFENDANT, LAUREN M. FISCHL, (Now Known As LAUREN M. BAUGHMAN) NOW COMES the Defendant, Lauren M. Fischl (Baughman) (Answering Defendant), by and through her counsel, William J. Peters, Esquire, and files the following Answer and New Matter to Plaintiffs Complaint, as follows: 1. Admitted. 2. Denied. It is admitted that Defendant, Lauren M. Fischl is now known as Lauren M. Baughman, an adult residing at 810 Fern Avenue, Franklin, Pennsylvania 16323. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Defendant, Fischl (Baughman), was operating a 2004 Jeep proceeding west on the Pennsylvania Turnpike traveling in the right-hand lane. It is further admitted that Defendant, Fischl (Baughman), near the Carlisle 1 Interchange, moved from the right-hand lane to the left lane striking the 2005 Dodge Ram pickup truck owned by the Plaintiff, but only after being forced from the right lane by the actions and/or omissions of the driver of a truck entering the Pennsylvania Turnpike forcing Defendant's vehicle into the vehicle of the Plaintiff. It is believed and, therefore, averred by Defendant, Fischl (Baughman), that if the operator of the truck entering the Pennsylvania Turnpike had not been negligent in the operation of his vehicle, Defendant, Fischl (Baughman), would not have struck the Plaintiff's vehicle. 5. Denied. Said averments contain legal conclusions to which no responsive pleading is required. Strict proof is therefore demanded. 6. Denied. Said averments contain legal conclusions to which no responsive pleading is required. WHEREFORE, Defendant, Lauren M. Fischl (now Lauren M. Baughman), requests this Honorable Court to enter judgment in her favor and against all other parties. NEW MATTER 7. Paragraphs 1 through 6 are incorporated herein by reference as if fully set forth herein. 8. Plaintiff may have failed to state a cause of action by which relief can be granted. 9. Answering Defendant was not negligent. 10. Plaintiff may have been comparatively negligent. 11. Plaintiff may have assumed the risk. 12. Damages alleged to have been sustained by Plaintiff may have been caused by parties other than Answering Defendant. 2 13. Plaintiff may have failed to mitigate its damages. 14. The damages alleged to have been sustained by Plaintiff were solely caused by the operator of the truck entering the Pennsylvania Turnpike from the Carlisle Exchange. 15. Any acts or omissions by Answering Defendant alleged to have constituted negligence which are specifically denied were not substantial causes or contributing factors of the subject incident and did not result in any damage or loss by the Plaintiff which are also specifically denied. WHEREFORE, Answering Defendant, Lauren M. Fischl (now Lauren M. Baughman), requests this Honorable Court to enter judgment in her favor and against all other parties. Date: ) / -;, ( w V By: W William I Peters, squire Attorney ID # 09983 2931 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-7555 Attorney for Defendant, Lauren M. Fischl (now Lauren M. Baughman) 3 VERIFICATION I hereby affirm that the following facts are correct: I am the Defendant in the foregoing action; the attached Answer and New Matter of Defendant, is based upon information which I have furnished to counsel and information which has been gathered by counsel in the preparation of the lawsuit. The language of the Answer and New Matter of Defendant is that of counsel and not of me. I have read the Answer and New Matter of Defendant and to the extent that the same is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer and New Matter of Defendant is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer and New Matter of Defendant are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: N 0 V em b-er 14 i CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER OF DEFENDANT, LAUREN M. FISCHL, (Now Known As LAUREN M. BAUGHMAN)has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first-class postage pre-paid, in Harrisburg, Pennsylvania, on thisQl,,) -day of November, 2008, addressed as follows: Thomas E. Brenner, Esquire Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 PETERS & WASILEFSKI Claim: PMG-PA-01-07- Autosource Valuation 2004 Jeep Liberty Sport 4WD 40 Wagon AS Request: 21383763 0017697-101 ' Audatex M. <.o t rso Autosource Valuation 'Adm in istrative Data 2004 Jeep Liberty Sport 4WD 4D Wagon Grieco Appraisal Serv Claimant Donegal Insurance Group Marietta Branch 1195 River Road Marietta PA 17547 Loss Date 11/19/2007 Loss Type Collision Policy PMG 3041473 Other Insured Fischl, Lauren Claim PMG-PA-01-07-0017697-101 VINSOURCE Analysis 2004 Jeep Liberty Sport 4WD 4D Wagon I VIN 1J4GL48K54W228264 Decodes as 2004 Jeep Liberty Sport 4WD 4D Wagon Accuracy Decodes Correctly History No activity was reported Vehicle Salvage Title Summary !f . Sport Liberty 4WD 4D Wagon No salvage title history found for this VIN. Processed on 11/27107 10:47 AM. Title History is powered by Experian AutoCheck. The Experian data contained in this report involves the conveyance of information provided to Experian by other sources. Accordingly, neither Experian nor Audatex can, or will, bean insurer or guarantor of the accuracy or reliability of the Experian data. Reported Phone Number Analysis 2004 Jeep Liberty Sport 4YJD 4D Wagon No Vehicles Advertised at (610) 798-4707 No Vehicles Advertised at (610) 730-4697 I Valuation Summary 2004 Jeep Liberty Sport 4%ND 4D'Nagon See N.A.D.A See Valuation Autosource/ Value Section Detail Section N.A.D.A, N.A.D.A. Retail a ... Base. Price $13,475 $12,635 $13,055 Engine Transmission Odometer 775 580 678 Equipment 75 120 98 Value Before Adjustments $14,325 $18,335 $13,830 Value Before Condition Adjs. $13,335 $13,830 Suggested Total CondRfign Adj. 0 Total Condition Adjusted Mkt Val $13,830 General Sales Tax 6.000° $829.80 Version: 1 Page: 1 1127/07 10:47 Claim: PMG-PA-01-07- Autosource Valuation 2004 Jeep Liberty Sport 4WD 4D Wagon AS Request: 21383763 0017697-101 Vehicle Valuation Detail 2004 Jeep Liberty Sport 4WD 4D Wagon The TYPICAL VEHICLE represents the average mileage, condition, equipment level and estimated selling price of a vehicle of the same: year, make, model, doors, edition, body and fuel type as the LOSS VEHICLE and is representative of the market area. City/Statelndiana, PA Indiana, PA Price $12,635 $12,635 "Year 2004 2004 Make Jeep Jeep Model Liberty Liberty Edition Sport Sport Door 4D 4D Body ;Wagon Wagon Drive 4WD 4WD *e? Not Applicable Not Applicable Engine 6 Cylinder 3.7 Engine 6 Cylinder 3.7 Engine 0 Transmission 4 Speed Automatic 4 Speed' Automatic 0 Color Not Applicable Not Specified Odorrteter44,590 Mi(Typical) 33,000 Mi(Actual) 580 Convenience Options Air Conditioning Air Conditioning Tilt Steering Wheel Tilt Steering. Wheel Cruise Control Cruise Control Rear Window Defroster Rear Window Defroster Other Optional Equipment Center Console Center Console Fender Flares Fender Flares Auto Locking Hubs (4WD) Auto Locking Hubs (4WD) Intermittent Wipers Intermittent Wipers Keyless Entry System 0 Privacy Glass 120 Rear Window WiperfWasher Rear Window Wiper/Washer Dual Airbags Dual Airbags Tinted Glass Tinted Glass Rear Spare Tire Carrier Rear Spare Tire Carrier Tachometer Tachometer Roof/Luggage Rack Roof/Luggage Rack Power Accessories Power Brakes Power Brakes Power Windows Power Windows Power Steering Power Steering Power Mirrors Power Mirrors Version: 1 Page: 2 11/27/07 10:47 Claim: PMG-PA-01-07- Autosource Valuation 2004 Jeep Liberty Sport 4WD 4D Wagon AS Request: 21383763 0017697-101 'Typical Vehicle Loss Vehicle Adjustment, Power Door Locks Power Door Locks RadiolPhone/Alarm Options Compact Disc Player Compact Disc Player Seat Options Velour/Cloth Seats Velour/Cloth Seats Split Folding Rear Seat Split Folding Rear Seat Wheel Options Styled Steel Wheels Styled Steel Wheels Autosource Value Before Condition Adjustments 13,335 • Average Seats Good Good Carpets Good Good Int Trim Good Good Glass Good Headliner Good • Body Minor Damage Paint Minor Wear Ext Trim Good Engine Well Maintained Transmission Well Maintained Front Tires Good Rear Tires Good Good Good Average Minor Damage Minor Wear Good Average Well Maintained Well Maintained Average Good Good 0 General Sales Tax 6.000% 806.10 Title Fee Transfer Fee' Deductible I Net Adjusted Value. _,. _ ................... ........._......... ....._..... ........... .; Salvage/Other; _ N.A.D.A. Value" et • Liberty Sport 4WD 4D Wagon '•N.A.D.A, Vehicle Description: 2004 JEEP Liberty-V6 Utility 4D Sport 4WD N.A.D.A, values are as of November, 2007 from the Eastern Edition. Base Value Mechanical $13,475 Engine ;0 Transmission ;0 Equipment Luggage Rack 75 Equipment Subtotal $75 Mileage: 33,000 Mi $775 K?- 11111111115011 r- -- $14,325 Version: 1 Page: 3 11127107 10:47 Claim: PMG-PA-01-07- Autosource Valuation 2004 Jeep Liberty Sport 4WD 4D Wagon AS Request: 21383763 0017697-101 These current N.A.D.A. values are furnished under license from NADASC. All values Copyright © NADASC 2007. The values in the N.A.D.A. guide assume a vehicle in clean condition. Appropriate deductions should be made to put a vehicle in salable condition. Special Note on Older Vehicles: N.A.D.A.'s editors believe that most optional equipment has little or no value on older vehicles. This is especially true of options that cost relatively little to begin with and which deteriorate with age or use. Valuation Notes 2004 Jeep Liberty Sport 4W D 4D Wagon o Adjustments of Special Note ° No special adjustments were made for this vehicle. o Information provided by Donegal Insurance Group ° Loss vehicle description was provided by Donegal Insurance Group is All values are in U.S. dollars. o Autosource Valuation Process ° Over 2,400,000 vehicles are entered weekly into the database used for researching this value. This database includes dealer inspected, dealer inventory, dealer advertised, phone verified and advertised private party vehicles. ° The originating search area forthis valuation was Indiana, Pennsylvania. ° The VIN decoded correctly. ° The tax was calculated based on a date of loss of 11/19/2007 using zip 15705, in Indiana, Pennsylvania. The city may vary from search area to reflect correct tax location. o Other Adjustments or Comments ° A mileage adjustment of 5.00 cents per mile/kilometer has been applied. This adjustment is based on the vehicle year, vehicle category and market area. Mileage adjustments are capped at 40% of the vehicle's starting value. Original ?0 • Liberty Sport 4W . D f Wagon Engine Options Transmission Options 4 Cylinder 2.4 Engine STD 5 Speed Manual STD ' 6 Cylinder 3.7 Engine $850 ' 4 Speed Automatic $825 Other Optional Equipment Convenience Options Anti-lock Brakes $600 ` Air Conditioning $850 Auto Locking Hubs (4WD) STD ' Cruise Control $250 " Center Console STD ' Rear Window Defroster STD Dual Airbags STD Smoker's Package. $30 ' Fender Flares STD Selec-Trac Transfer Case $395 Fog Lights $120 Strg Wheel Radio Control $125 Heavy Duty Cooling Trunk/Cargo Organizer $250 Intermittent Wipers STD ` Tift Steering Wheel STD Keyless Entry System TYP Power Accessories Locking Differential $285 Heated Power Mirrors $50 Lighted Entry System Power Drivers Seat $300 Leather Steering Wheel $50 ' Power Brakes STD Privacy Glass $270 ` Power Door Locks TYP ' Roof/Luggage Rack TYP ' Power Mirrors TYP ' Rear Window Wiper/Washer STD ' Power Steering STD Side Airbags $490 • Power Windows TYP Skid Plates $155 Radio/Phone/Alarm Options ' Rear Spare Tire Carrier STD Alarm System $250 Tachometer STD ' Compact Disc Player STD Tonneau/Cargo Cover $75 Compact Disc W/Tape $100 Version: 1 Page: 4 11/27/07 10:47 Claim: PMG-PA-01-07- Autosource Valuation 2004 Jeep Liberty Sport 4WD 4D Wagon AS Request: 21383763 0017697-101 Tinted Glass STD AM/FM In-dash CD Changer $300 Camper/Towing Package $245 Infinity Sound System $350 Trailer Hitch Theft Deterrent System $75 Seat Options Wheel Options Split Folding Rear Seat STD Aluminum/Alloy Wheels $310 Velour/Cloth Seats STD Styled Steel Wheels STD Roof Options Power Moonroof $700 Option P ackages Convenience Group $185 includes Cargo Compartment Lamp; MaplDome Reading Lamps; Rear Power Outlet; Illuminated Vanity Mirror Sun Visors; Cargo Trim Panel With Storage Net. Off-Road Group $765 Includes Trac-Lok Differential; Heavy Duty Engine Cooling; Skid Plate Shields; Tires; Tow Hooks. Quick Order Package $595 Includes Air Conditioning, Keyless Entry System, Lighted Entry System, Power Door Locks, Power Mirrors, Power Windows, Roof/Luggage Rack Base retail price $20,575 Editions available for the same body style (in order of original cost, Increasing): `Sport, Rocky Mountain, Columbia, Limited, Renegade Indicates loss vehicle equipment. Recall Bulletins 2004 Jeep Liberty Sport 4WD 4D Wagon Nat'l. Highway Traffic Safety Admin (US) has issued a total of 3 recall bulletins that may apply to this vehicle. NHTSA • 04V111 Date Issued 03101/04 Quantity Affected 2;875 Dates Of Manufacture January.2004 Defect On some sport utility vehicles, certain remote keyless entry (RICE) input may cause the body control module (BCM) software to actuate the door lock motors continuously. This can cause the lock motor bearings to overheat and seize. If this occurs, the door lock system will become Inoperative. Remedy Dealers will inspect and replace, as necessary, the door latch assemblies, and the BCM software will be updated. The manufacturer has riot yet provided an owner notification schedule for this campaign. Owners may contact DaimlerChrysler at 1-800-853-1403. _NHTS • .- 04V337000 Date issued 07/02/04 Quantity Aff ected 1,600 Defect On certain sport utility vehicles equipped with 3.71- engines only, two valve cover studs may interfere with the fuel injector and alternator wiring harnesses. Damage to the alternator wiring harness could result in an under hood fire. Remedy Dealers will add protective caps to the valve cover studs and re-route the affected wiring harness to provide clearance. Owner notification began on July 19, 2004. Owners can contact Daimlerchrysler at 1-800-853-1403. • • 06V288000 Date Issued 08/01106 Quantity Affected 826,687 Defect On certain trucks, the constant tension front lower ball joints may experience contamination. If the vehicle is operated for an extended period with this condition, the bait joint may eventually Version: 1 Page: 5 11127/07 10:47 PENNSYLVANIA TURNPIKE COMMISSION AUTHORIZED SERVICE GARAGE 0(G' John's Mobile Repair Service, Inc. S L ` 1511 E. Commerce Ave., Carlisle, PA 17015 • Phone: (717) 245-0076 • Fax: (717) 245-0648 AME: 'r' S Gh I _ DATE: 11- I --O z ADDRESS: ?G 6 5±C!' Iti',7 9 e- rJ VC) J 5G ,9 en f lS C PHONE #: (WORK)f (EVEN)NG)) (OTHER) LOCATION OF VEHICLE: _I^ f U ??? c! _? M.P. EB (11 NIB S43 (CIRCLE ONE) ME RECEIVED: TIME COMPLETED: ?? A. YEAR v` y MA<E,_j_C1eq (MODEL L: 'bc: COLOR 4C. It, PA3SEN R OR COMMERCIAL (CIRCLE ON d :CENSER: STATE: J I VINO: ?7f? L ?I?tis ?? ?? 7 BA'T BRKS CARE FROZ ENG TIRE LGTS COCK OUT FUEL TART ELT OVERHEAT MISC. TROUBLE NTIRECOVER WHEEL LIFT ROt18AC DOLUES WINCH ERVIC _ FORMEDrTOWEQ MILEAGE FINISH START TOTAL SERVICE TIME FI%1&4 START TOTAL EXTRA UNIT OTHER FINISH FINISH START START TOTAL TOTAL PAYMENT MADE BY (CHECK ONE): INSURANCE CO. INDIVIDUAL OTHER AMEIADDRESS OF PERSON(S)ICOMPANY MAKING PAYMENT: POLICY #: INS. CLAIM #: PERSONAL CHECK #: AME OF MOTOR CLUB. CLUB #' EMBERSHIP M EXPIRE: ICK-UP/SERVICE CHARGE: MILEAGE: Q (MILE: OTAL AMOUNT CHARGED TO MOTOR CLUB: DESCRIPTION OF WORK PERFORMED ON THE ROAD IN THE SHOP TOWIPICK-UP CHARGE GO Ao 1 Mi. s 3.oca n4tr. o? To r? LA13ORCHARGE ( ' /2-0 Cr7 x ?' ?S L TOTAL ON ROAD ii QL HEREBY AUTHORIZE THE ABOVE REPAIR WORK TO BE DONE ALONG W ITH THE NECESSARY WATERIAI, GRANTYOV ANDAOR YOUR EMPLOYEES. PERMISSION TOOPERATE THECM•TRVCK• ORVEH(CLE EAEA EIN OESCRIBED OH STREETS, HIGHWAYS. OR ELSEWHERE FOR THE PURPOSE OF TESTING r HIND R INSPECTION. h MECHANICS LEiN IS HEREBY ACKNOWLEDGED ON ABOVE CAR TRUCK VEHICLE TO SECVRE THE AMOUNT OF REPAIR HERETO. - TO GE DAYS $PER DAY Q T IS UNDERSTOOD THAT THIS COMPANY ASSUMES NO RESPONSIBILITY FOR LOSS OR DAMAGE BY ARTS THEFT OR FIRE TO VEHICLES PLACED WITH THEM FOR STORAGE. SALE OR REPAIRS. USLET USTOTAL UTHORIZED Br DATE: AX ECEIVED SY:i DATE: t''a SUBTOTAL INVOICE N2 13306 OWING CHARGES WHRE • CVSTOMER COPY CANARY • pARAGE COPY TOTAL DUE PINK - P..C. COPY DOLO ` j ROD • MAC 1Y o Q I1jWu fLwi vL:w r1V1 rLV4V 13004 .. _. -_ l IN 02:23PM 12/14/07 ENTERPRISE RENT-A-CAR COMPANY OF PITTSBURGH RENT EE OUT 12:23PM 11/26!07 1923 OAKLAND AVE 724-465-5944 MENT INDIANA PA 15701-3394 4017 i $00930 ' CALENDAR DAY RENTAL TYPE I SOURCE DON572MA- 999 b OF l UNIT .1 RENTER 4 SUMMARY CHARG ES ! UNIT ,# XQ8H24 LAUREN FISCHL , DAY = C AL E NDAR D AY LIC#' GTW5491 5066 SHAWNEE BLVD MODEL G6 SCHNECKSVILLE PA 18078- MI NO S HARGE COLOR SILVER LOCAL: IN 5293 (H) 610-730-4967 s OUT 4403 f 19 D1 2 23 41.5E DR. LICENSE XXXX5971 STATE PA EXPIRE 10/23/09 = DOB 10/22/85 HT WT , I EYES HAIR ' j' S.S.# EMPLOYER BILL TO Y CUST # DON57MA DONEGAL MUT INS-MARIETTA ATTN: CHEVAUX*ANGIE* P. O. BOX 302, ROUTE 441 .? MARIETTA PA 717-665-1999 17547 u' ADDITIONAL DRIVER 19 T I , STAX 2 8 00 j G NO OTHER DRIVER PERMITTED S£ S TAX$ 8 ii35.3 u i CLAI9 INFO PERMISSION TO LEAVE STATE POL/CLAIM/PO# YES NO X PMG401070017697 INSURED CUSTOMER SIGNATURE ON FILE TOTAL C ' GES 14.81 FISCI L* LAUREN* PAYMENT INFORMATION DEPOSITS, ; 2!9.8 LOSS'DATE 11/19/07 AMOUNT PD.BY TYPE DATE AUTH REFUND ? THEFT ACCIDENT I 90.74 VISA SALE 11/26/07 832731 90.74 VISA SALE 12/05/07 258885 TYPECAR 48'40 CASH SALE 12/14/07 r; F + SHOP:POSSIBLE TOT BILL TO ST DON57MA I, I 85.00 PHONE 440-345-3999 d! ?.: ?, y of NAME (( I CLOSED TICKET PAYMENT INFO OPENED B #612FC ?? MATTHE ? iTARKO CLOSED $ #9595V JONAT P;ETRUS r. F f ,! a i i VERIFICATION I hereby affirm that the following facts are correct: I am the Defendant in the foregoing action; the attached Complaint of Defendant Against Additional Defendants, is based upon information which I have furnished to counsel and information which has been gathered by counsel in the preparation of the lawsuit. The language of the Complaint of Defendant Against Additional Defendants is that of counsel and not of me. I have read the Complaint of Defendant Against Additional Defendants and to the extent that the same is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint of Defendant Against Additional Defendants is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint of Defendant Against Additional Defendants are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: N OY?07)xp- 14f awb *aen M. Baughm n CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing COMPLAINT OF DEFENDANT LAUREN M. FISCHL NOW LAUREN M. BAUGHMAN AGAINST ADDITIONAL DEFENDANTS CRETE CARRIER CORPORATION AND JAMES HARDEN has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first-class postage pre-paid, in Harrisburg, Pennsylvania, on this-lay of November, 2008, addressed as follows: Thomas E. Brenner, Esquire Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (counsel for Plaintiff, Infinity Crane and Excavation) Crete Carrier Corporation 400 Northwest 56`h Street Lincoln, Nebraska 68528 (Via Certified Mail) James Harden 1166 Sunrise Alcove Woodbury, Minnesota 55125 (Restricted Delivery) PETERS & WASILEFSKI r°, »_. a .- 7 t -t _ -,: ? ?„? __. .S • . ? ., . By: William J. Peters, Esquire Attorney 409983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Defendant, Fisch] (Baughman) INFINITY CRANE AND EXCAVATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. LAUREN FISCHL, Defendant DOCKET NO. 08-6131 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD TO: Infinity Crane and Excavation c/o Thomas E. Brenner, Esquire Strawberry Square 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 YOU ARE REQUIRED to plead to the enclosed Answer and New Matter of Defendant to Plaintiff's Complaint within twenty (20) days of service hereof, or a judgment may be entered against you. Date: ) / -,L/ - 60 By: William J. Peters, Esquire Attorney ID #09983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 wjp@pwlegal.com Attorney for Defendant, Lauren M. Fischl (now Lauren M. Baughman) By: William J. Peters, Esquire Attorney #09983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Defendant, Fischl (Baughman) INFINITY CRANE AND EXCAVATION, Plaintiff V. LAUREN FISCHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 08-6131 CIVIL TERM CIVIL ACTION - LAW ANSWER AND NEW MATTER OF DEFENDANT, LAUREN M. FISCHL, (Now Known As LAUREN M. BAUGHMAN) NOW COMES the Defendant, Lauren M. Fisch] (Baughman) (Answering Defendant), by and through her counsel, William J. Peters, Esquire, and files the following Answer and New Matter to Plaintiff's Complaint, as follows: 1. Admitted. 2. Denied. It is admitted that Defendant, Lauren M. Fischl is now known as Lauren M. Baughman, an adult residing at 810 Fern Avenue, Franklin, Pennsylvania 16323. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Defendant, Fischl (Baughman), was operating a 2004 Jeep proceeding west on the Pennsylvania Turnpike traveling in the right-hand lane. It is further admitted that Defendant, Fischl (Baughman), near the Carlisle Interchange, moved from the right-hand lane to the left lane striking the 2005 Dodge Ram pickup truck owned by the Plaintiff, but only after being forced from the right lane by the actions and/or omissions of the driver of a truck entering the Pennsylvania Turnpike forcing Defendant's vehicle into the vehicle of the Plaintiff. It is believed and, therefore, averred by Defendant, Fischl (Baughman), that if the operator of the truck entering the Pennsylvania Turnpike had not been negligent in the operation of his vehicle, Defendant, Fischl (Baughman), would not have struck the Plaintiff's vehicle. 5. Denied. Said averments contain legal conclusions to which no responsive pleading is required. Strict proof is therefore demanded. 6. Denied. Said averments contain legal conclusions to which no responsive pleading is required. WHEREFORE, Defendant, Lauren M. Fischl (now Lauren M. Baughman), requests this Honorable Court to enter judgment in her favor and against all other parties. NEW MATTER 7. Paragraphs 1 through 6 are incorporated herein by reference as if fully set forth herein. 8. Plaintiff may have failed to state a cause of action by which relief can be granted. 9. Answering Defendant was not negligent. 10. Plaintiff may have been comparatively negligent. 11. Plaintiff may have assumed the risk. 12. Damages alleged to have been sustained by Plaintiff may have been caused by parties other than Answering Defendant. 2 13. Plaintiff may have failed to mitigate its damages. 14. The damages alleged to have been sustained by Plaintiff were solely caused by the operator of the truck entering the Pennsylvania Turnpike from the Carlisle Exchange. 15. Any acts or omissions by Answering Defendant alleged to have constituted negligence which are specifically denied were not substantial causes or contributing factors of the subject incident and did not result in any damage or loss by the Plaintiff which are also specifically denied. WHEREFORE, Answering Defendant, Lauren M. Fischl (now Lauren M. Baughman), requests this Honorable Court to enter judgment in her favor and against all other parties. Date: ) r -A( By: Alt William I Peters, squire Attorney ID # 09983 2931 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-7555 Attorney for Defendant, Lauren M. Fischl (now Lauren M. Baughman) 3 VERIFICATION I hereby affirm that the following facts are correct: I am the Defendant in the foregoing action; the attached Answer and New Matter of Defendant, is based upon information which I have furnished to counsel and information which has been gathered by counsel in the preparation of the lawsuit. The language of the Answer and New Matter of Defendant is that of counsel and not of me. I have read the Answer and New Matter of Defendant and to the extent that the same is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer and New Matter of Defendant is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer and New Matter of Defendant are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: N o V em bLY 14, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER OF DEFENDANT, LAUREN M FISCHL, (Now Known As LAUREN M. BAUGHMAN)has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first-class postage pre-paid, in Harrisburg, Pennsylvania, on this,_D),4day of November, 2008, addressed as follows: Thomas E. Brenner, Esquire Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 PETERS & WASILEFSKI n. x . 07 Thomas E. Brenner, Esquire GOLDBERG KATZMAN, PC PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Plaintiff INFINITY CRANE AND EXCAVATION, Plaintiff V. LAUREN FISCHL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DOCKET NO. 08-6131 CIVIL TERM PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT FISCHL AND NOW, comes Plaintiff Infinity Crane and Excavation, by its attorneys Goldberg Katzman, P.C., who responds to the New Matter of Defendant Fischl as follows: 7. Objection. This paragraph violates Pennsylvania Rules of Civil Procedure by incorporating six (6) paragraphs into a single paragraph to the extent that the answers deem necessary and hereby is denied. 8. Denied. The paragraph states a legal conclusion to which a no response is necessary. 9. Denied. The paragraph states a legal conclusion to which a no response is necessary. 10. Denied. The paragraph states a legal conclusion to which a no response is necessary. 11. Denied. The paragraph states a legal conclusion to which a no response is necessary. 12. Denied. The paragraph states a legal conclusion to which a no response is necessary. 13. Denied. The paragraph states a legal conclusion to which a no response is necessary. 14. Denied. The paragraph states a legal conclusion to which a no response is necessary. 15. Denied. The paragraph states a legal conclusion to which a no response is necessary. WHEREFORE, Plaintiff Infinity Crane and Excavation request the New Matter by Defendant Fischl be dismissed with prejudice. Date: December 1, 2008 GOLD G KA N, P.C. B w ??•-= . Brenner, Esquire PA Attorney ID #32085 Strawberry Square 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Infinity Crane & Excavation VERIFICATION I, THOMAS E. BRENNER, hereby acknowledge that I am the Attorney for Plaintiff, INFINITY CRANE AND EXCAVATION, and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 6Tho renner, Esquire Date: December 1, 2008 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, with first-class postage, prepaid as follows: William J. Peters, Esquire Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 KATZMAN. P.C. E. Brenner, Esquire Date: December 1, 2008 167006.1 ;^?: f_ INFINITY CRANE AND EXCAVATION Plaintiff V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : DOCKET NO. 08-6131 CIVIL TERM V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly, enter my appearance on behalf of Additional Defendants, Crete Carrier Corporation and James Harden. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: /a s o G By: ?2 72 ;i?., nya z,e) So isto, Esquire Attorney I.D. No. 92919 Angela N. Rainey, Esquire Attorney I.D. No. 207168 MARCELLO & KIVISTO, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717)240-4686 F: (717)258-4686 Attorney for Additional Defendants J INFINITY CRANE AND EXCAVATION Plaintiff V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : DOCKET NO. 08-6131 CIVIL TERM V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, ; Additional Defendants CERTIFICATE OF SERVICE I certify that the foregoing Praecipe for Entry of Appearance in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 6th day of December, 2008. William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 4 .e. / (. Qr Ange N. Rainey ??? o d may. CID M k FYI t c { '- -TS C l) A,.+ SHERIFF'SIRETURN - OUT OF COUNTY f Y CASE NO: 2008-06131 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INFINITY CRANE AND EXCAVATI VS FISCHL LAUREN 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: FISCHL LAUREN but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LEHIGH County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 17th , 2008 , this office was in receipt of the attached return from LEHIGH Sheriff's Costs: So answers Docketing 18.00 - -'`~ Out of County 9.00 Surcharge 10.00 . Thomas Kline Dep Lehigh County 33.00 Sheriff of Cumberland County Postage 1.52 71.52 ? /Z10+10 g - 11/17/2008 GOLDBERG KATZMAN Sworn and subscribe to before me this day of , A. D. In The Court of Common-Pleas of Cumberland County, Pennsylvania Infinity Crane and Excavation* vs. Lauren Fischl 08-6131 civil No. Now, October 15, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lehigh County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. / Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA 20 , at o'clock M. served the / '?/! 1 -7 11 '?7 -I .. i• z i ,- E t le r!-w°TI-;Oi_I"!' 25TH SHERIFF OFFICE, !'_Es.:. , I! i!\ 45W HAMILTON S ROOM 106 ALLENTOWN PA 161 01-iEl-I V E'll CASE: 2008-NC-391,'"I. LAUREN FISCHL- EAPlRn 13-Nov-200S (CUMBE RLAND CO 08-6131) NSW =..i,::. - ... .. .....: :. ?? .. Qxp . - - ENTRY: WRIT E E 1 ,.. ?Vv l nT T/ns /?nnn?ss A I . ri 114 CIVIL ACTION ?' rr 13 / W G Q 2Aanr ST cc? • v t_, i??E .- i 4, T 1. . .. 5066 SHAWNEE BL._`'drD ,:. il_.i••!N! ?i..:!'?.`::iV IL_.i.._Ey PA _ ATTN ---- V? THOMA -------- S E BRENNER 717 E34 - --- - 4161. - - ----------------------------- RETURN OF SERVICE ----------- -------------------- ?... r.,;,;: ::,ME OF l Nr; :: VT T:lUAL t" ::RVEr.:i a 4RVRF.N FZSCHL e r..... U C 2 : T. •- CIO , LOCATION -.- °?i:::! t'`.,i_::!-.::: AW 1 331 11/ LL!'w1Gww New ......... eiot2??J? s?. -_._.w..... ' - _._.....__......._..--_..._.S _._ Ap K7500-0- ........._:_..._... _._....._....._........_..._ ..------- ---------- ....... ..... .......... _..._..... ._.. ................. _..... ..... . .... ... N-t WEB......., ATTEMPTS 'T O LOCATE DEFENDANT AT L...(-A., KNOWN ?`.?:: `:" i' S A16,11- IT 7? i9d10*Alu » a .. r_ ?'•. j' .{ ?`E 2?-7 / GC/ vff 1 ?Z L. V 2. DATE f^ TIME 2g....0 _;1GB .... U 900 . Z,?._?? :- 3. DATE & TIME 5. DA-E & TIME , 6. DATE u •r TIM,'.--.:* :. - - - ---------- _......._........... .._..._............_...._._.... ............._.__._..._..».»_....,._...._._..............__._................ _..... ACCEPTANCE OF SERVIC!---.? E :. HEREGv t .. ._;.._: SERVICE 4':=:. THE ;._EGr`_+E.. PFaOCES;:, q: Oi.J ! i.... L!`{i.:_D ON ?E THE . FRONT OF THE .. E DO!_.Url T: , SERVICE IS ACCEPTED ON i BEHALF 07 THE LISTED DEPENDANT(S) r-t!`'dD PRINTED NAME OF -r;_iTi-••1C3FiT.ZE:D AGENT SI :.:?t'!,' 1 %_iRE O , U`' W{ 1: T,:.s_.. -lGEN DATE I.N-' NAME CIF L ^ SO ANSWERS _.....,.._........._ _._. _.._..»....._....__... ...... _.......... _.... :; INFINITY CRANE AND EXCAVATION : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL : DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights import to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER YOU LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUED FEE OR NO FEES. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 INFINITY CRANE AND EXCAVATION : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL : DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants NOTICIA LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia excrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, BAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 INFINITY CRANE AND EXCAVATION Plaintiff v. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and JAMES HARDEN, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 08-6131 CIVIL TERM CIVIL ACTION - LAW DEFENDANTS CRETE CARRIER CORP.'S AND JAMES HARDEN'S ANSWER WITH NEW MATTER AND COUNTER CLAIM AND NOW come Defendants Crete Carrier Corp. and James Harden by their attorneys, Marcello & Kivisto, LLC, and answers Plaintiff's Complaint as follows: 1. Denied. Answering Defendants are without information or belief as to the truth of the averments of Paragraph 1, hence they are denied and proof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Denied. Answering Defendants are without information or belief as to the truth of the averments of Paragraph 4, hence they are denied and proof is demanded at the time of trial. By way of further response, any Complaint filed is a document that speaks for itself. 5. Denied. Answering Defendants are without information or belief as to the truth of the averments of Paragraph 5, hence they are denied and proof is demanded at the time of trial. By way of further response, any Complaint filed is a document that speaks for itself. 6. Denied. Answering Defendants are without information or belief as to the truth of the averments of Paragraph 6, hence they are denied and proof is demanded at the time of trial. By way of further response, any Answer and New Matter filed is a document that speaks for itself. 7. Admitted. 8. Denied. The averments of Paragraph 8 are denied pursuant to Pa.R.C.P. 1029(e) and further denied as Answering Defendants are without information or belief as to the truth of the averments of Paragraph 8, hence they are denied and proof is demanded at the time of trial. 9. Denied. The averments of Paragraph 9 are denied pursuant to Pa.R.C.P. 1029(e). The averments of Paragraph 9 are specifically denied. Proof is demanded at the time of trial. 10. Admitted. 11. Denied. The averments of Paragraph 11 are denied as conclusions of law to which no responsive pleading is required. The averments of Paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e) and specifically denied. Proof is demanded at the time of trial. 12. Denied. The averments of Paragraph 12 are denied pursuant to Pa.R.C.P. 1029(e) and further denied as Answering Defendants are without information or belief as to the truth of the averments of Paragraph 12, hence they are denied and proof id demanded at the time of trial. COUNTI DEFENDANT, LAUREN M. FISCHL (NOW LAUREN M. BAUGHMAN) v. ADDITIONAL DEFENDANT, JAMES HARDEN 13. Answering Defendants incorporate their answers to Paragraphs 1-12 as if set forth in full. 14. Denied. The averments of Paragraph 14 are denied as conclusions of law to which no responsive pleading is needed. Answering Defendants further specifically deny and deny said averments pursuant to Pa.R.C.P. 1029(e) and proof is demanded at the time of trial. 15. Denied. The averments of Paragraph 15 are denied as conclusions of law to which no responsive pleading is needed. Answering Defendants further specifically deny and deny said averments pursuant to Pa.R.C.P. 1029(e) and proof is demanded at the time of trial. 16. Denied. The averments of Paragraph 16 are denied as conclusions of law to which no responsive pleading is needed. Answering Defendants further specifically deny and deny said averments pursuant to Pa.R.C.P. 1029(e) and proof is demanded at the time of trial. 17. Denied. The averments of Paragraph 17 are denied as conclusions of law to which no responsive pleading is needed. Answering Defendants further specifically deny and deny said averments pursuant to Pa.R.C.P. 1029(e) and proof is demanded at the time of trial. 18. Denied. The averments of Paragraph 18 are denied as conclusions of law to which no responsive pleading is needed. Answering Defendants further specifically deny and deny said averments pursuant to Pa.R.C.P. 1029(e) and proof is demanded at the time of trial. 19. Denied. The averments of Paragraph 19 are denied as conclusions of law to which no responsive pleading is needed. Answering Defendants further specifically deny and deny said averments pursuant to Pa.R.C.P. 1029(e) and proof is demanded at the time of trial. WHEREFORE, Answering Defendants respectfully request judgment in their favor and against Defendant, Lauren M. Fischl (now Lauren M. Baughman). COUNT II DEFENDANT, LAUREN M. FISCHL (NOW LAUREN M. BAUGHMANI v. CRETE CARRIER CORPORATION 20. Answering Defendants incorporate their answers to Paragraphs 1-19 as if set forth in full. 21. Denied. The averments of Paragraph 21 are denied as conclusions of law to which no responsive pleading is needed. Answering Defendants further specifically deny and deny said averments pursuant to Pa.R.C.P. 1029(e) and proof is demanded at the time of trial. 22. Denied. The averments of Paragraph 22 are denied as conclusions of law to which no responsive pleading is needed. Answering Defendants further specifically deny and deny said averments pursuant to Pa.R.C.P. 1029(e) and proof is demanded at the time of trial. WHEREFORE, Answering Defendants respectfully request judgment in their favor and against Defendant, Lauren M. Fischl (now Lauren M. Baughman). NEW MATTER DIRECTED TO DEFENDANT, LAUREN M. FISCHL (NOW LAUREN M. BAUGHMAN) 23. Some or all of Defendant Lauren M. Fischl's claims may be barred by the statute of limitations. 24. Some or all of Defendant Lauren M. Fischl's claims may be barred by the provisions of the Pennsylvania Financial Responsibility Act. 25. Some or all of Defendant Lauren M. Fischl's claims may be barred by Defendant Lauren M. Fischl's comparative or contributory negligence. 26. Some or all of Defendant Lauren M. Fischl's claims may be barred or reduced by release or waiver pending discovery. 27. Answering Defendants are not responsible for any harm allegedly caused by acts or omissions of third parties for whom it is not responsible and over whom it has no control. 28. Answering Defendants are not responsible for any harm allegedly caused by a sudden emergency. 29. Some or all of Defendant Lauren M. Fischl's claims may be barred by Defendant Lauren M. Fischl's election of the limited tort option. WHEREFORE, Answering Defendants respectfully request judgment in their favor and against Defendant, Lauren M. Fischl (now Lauren M. Bauman). COUNTER CLAIM CRETE CARRIER CORP. and JAMES HARDEN v. LAUREN M. FISCHL (NOW LAUREN M. BAUGHMAN) 30. If Plaintiff sustained damages as alleged in Plaintiff's Complaint, said damages being herein strictly denied, then said damages were caused by acts, statements, omissions or negligence of Co-Defendant Lauren M. Fischl (now Lauren M. Baughman) as set forth in Plaintiff's Complaint, to which reference is made hereto without adoption or omission. 31. Co-Defendant Lauren M. Fischl (now Lauren M. Baughman) is solely liable to Plaintiff, or in the alternative, should Answering Defendants be found liable to Plaintiff, liability being herein strictly denied, the co-Defendant Lauren M. Fischl (now Lauren Baughman) is jointly and severally liable with Answering Defendants and is liable over to Answering Defendants by of contribution and/or indemnification. WHEREFORE, Answering Defendants respectfully request judgment in their favor against Plaintiff and Defendant. Respectfully Submitted, MARCELLO & KIVISTO, LLC i By: Sony isto, Esquire Attorri.D. No. 92919 MARCELLO & KIVISTO, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717)240-4686 F: (717)258-4686 Attorney for Additional Defendants DEC-05-2008 16:07 INFINITY CRANE AND EXCAVATION : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL : DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHNIAN), . Defendant V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants VERIFICATION hereby verify that the averments made in the attached Defendants Crete Carrier Corp.'s and James Harden's Answer with New Matter and Counter Claim are true and correct to the best of my information, knowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4944 relating to unworn falsification to authorities. P. 02/02 By. Dated: _ 102IS?/ O g TOTAL P.02 INFINITY CRANE AND EXCAVATION : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL : DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants CERTIFICATE OF SERVICE I certify that the foregoing Defendants Crete Carrier Corp.'s and James Harden's Answer with New Matter and Counter Claim in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and de siting same in the United States Mail, First Class Mail, in Carlisle, PA on the day of December, 2008. William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 SS a 'visto C - ^v , `?? *? r rip + r f ? -. ?.,, ? .J??? ..x ?d... '? c"m C,.a''r`t 4 =,? By: William J. Peters, Esquire Attorney #09983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Defendant, Fischl (Baughman) INFINITY CRANE AND EXCAVATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and JAMES HARDEN, Additional Defendants DOCKET NO. 08-6131 CIVIL TERM CIVIL ACTION - LAW DEFENDANT, LAUREN M. FISCHL (now LAUREN M. BAUGHMAN) ANSWER TO NEW MATTER AND COUNTER CLAIM OF CRETE CARRIER CORPORATION AND JAMES HARDEN AND NOW comes the Defendant, Lauren M. Fischl (now Baughman), by and through her counsel, William J. Peters, and files this Response to the New Matter and Counter Claim of Additional Defendants, Crete Carrier Corporation and James Harden: 23. Denied. Paragraph states illegal conclusion to which no response is required. 24. Denied. Paragraph states illegal conclusion to which no response is required. 25. Denied. Paragraph states illegal conclusion to which no response is required. 26. Denied. Paragraph states illegal conclusion to which no response is required. 27. Denied. Paragraph states illegal conclusion to which no response is required. 1 28. Denied. Paragraph states illegal conclusion to which no response is required. 29. Denied. Paragraph states illegal conclusion to which no response is required. WHEREFORE, Answering Defendant, Lauren M. Fischl (now Baughman), requests the New Matter of Additional Defendants, Crete Carrier Corporation and James Harden, be dismissed with prejudice. COUNTER CLAIM CRETE CARRIER CORPORATION and JAMES HARDEN v. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN) 30. Denied. The averments of paragraph 30 are denied as conclusions of law to which no responsive pleadings are needed. Answering Defendant, Baughman, further specifically denies said averments pursuant to Pa. R.C.P. 1029(e) and proof thereof is demanded at the time of trial. 31. Denied. The averments of paragraph 30 are denied as conclusions of law to which no responsive pleadings are needed. Answering Defendant, Baughman, further specifically denies said averments pursuant to Pa. R.C.P. 1029(e) and proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant, Lauren M. Fischl (now Baughman), requests the Counter Claim Additional Defendants, Crete Carrier Corporation and James Harden, be dismissed with prejudice. Date: /- g 6 BY: U.9 William J. Peters, squire Attorney ID # 09983 2931 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-7555 Attorney for Defendant, Lauren M. Fischl (now Lauren M. Baughman) 2 VERIFICATION I hereby affirm that the following facts are correct: I am the Defendant in the foregoing action; the attached Answer to New Matter and Counter Claim of Additional Defendants, is based upon information which I have furnished to counsel and information which has been gathered by counsel in the preparation of the lawsuit. The language of the Answer to New Matter and Counter Claim of Additional Defendants is that of counsel and not of me. I have read the Answer to New Matter and Counter Claim of Additional Defendants and to the extent that the same is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer to New Matter and Counter Claim of Additional Defendants is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer to New Matter and Counter Claim of Additional Defendants are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT, LAUREN M. FISCHL (now LAUREN M. BAUGHMAN) ANSWER TO NEW MATTER AND COUNTER CLAIM OF CRETE CARRIER CORPORATION AND JAMES HARDEN has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first-class postage pre-paid, in Harrisburg, Pennsylvania, on this 8th day of January, 2009, addressed as follows: Thomas E. Brenner, Esquire Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (counsel for Plaintiff, Infinity Crane and Excavation) Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 (counsel for Additional Defendants, Crete Carrier Corporation and James Harden) PETERS & WASILEFSKI ?o r?' ?--? ? ?= ?y INFINITY CRANE AND EXCAVATION, Plaintiff LAUREN FISCHL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 08-6131 V. Defendant 20 V. CRETE CARRIER CORPORATION AND JAMES HARDEN, Additional Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas E. Brenner Esauire counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ less than $50,000 The counterclaim of the defendant in the action is $ 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: NONE WHEREFORE, your petitioner prays your H7Respec a Court t a point three (3) arbitrators to whom the case shall be submitted. s miffed, Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PaarrOrriiBox 1268 ORDER O1?(: "y rg, PA 17108-1268 AND NOW, petition, . Esq., and 200 , in consideration of the foregoing Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ?"? ra ° n, `??I ?'.? era -n (?? \ y 1 ??.. (??` 1V INFINITY CRANE AND EXCAVATION, Plaintiff V. LAUREN FISCHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6131 20 V. CRETE CARRIER CORPORATION AND JAMES HARDEN, Additional Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas E. Brenner Es uire counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ less than $50,000 The counterclaim of the defendant in the action is $0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: NONE WHEREFORE, your petitioner prays your Honor e Court t a point three (3) arbitrators to whom the case shall be submitted. Res s miffed, Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P.O. Boo?x11 1268 ORDEROIN"berg, PA 17108-1268 AND NOW, petition, WJ& Esq., and captioned ?*or , in consideration of the f regoing 2001 Esq., and / ,ll. ?k?l<<fd Esq., are appointed arbitrators in the above ti .J /i w 1.0 Qj% w - LA- n , N {? 2 1 4 i a/ r-' 1 N T -( d ftm N `L 01? P EX EA,) X11CV ??tUe?N r-?scHL Plaintiff ignature 4-MO Defendant Civil Action - Law. IZf,t£ c° /PR R/ C R 904P J /FM f. S H I??C/7?A/? ??DITI?I/AL A£FUa4TS We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of States and the Constitution of this Commonwealth and that we will discharge the duties of our with fidelity. W4,- Signature w,,fJ.*Af e icouf c Name (Chairman) / IZowAS /lift) ,CrNNf Dy Law Firm ?,??T?? I-,,,,ts Name a f 4-r L?I-? Law Firm In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 e - G 131 Aj F- Name tk-w Law Firm ltb<f FE-400eD4re 511TV/01& ig,,4 r,-.-d/e nL 4q S. 9kaoJ Address Address Address C-4 #IP N/Z /7-0 14 &34Q ,,,?, 6",-, L(5tz PA- City, zip city, zip city, zip -It //537 Award llo /S.Z. /A 886 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make thi following award: (Note: If damages for delay are warded, they shall be separately statq United ffice L4U ?-4 Nf PI - YZ4/'q? Vc- ST 1-70 1 3 cam" Date of Hearing: Q' L3 - n g Date of Award: ^Z3' bitrator, dissents. (Insert name if _ (Chairman) Notice of Entry of Award Now, the M&Ll- .day of 20____, at $:D1 , &.M., the above entered upon the docket and notice ther of given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 2SO, dD 01..^dt?4,y By: Prothonotary was By: William J. Peters, Esquire Attorney #09983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Defendant, Fischl (Baughman) INFINITY CRANE AND EXCAVATION, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants NOTICE OF APPEAL FROM AWARD OF ARBITRATORS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Notice is given that Lauren M. Fischl (now Lauren M. Baughman), Defendant, and Plaintiff in counterclaim, appeals from the award of the Board of Arbitrators entered in this case on September 24, 2009. A jury trial is demanded. ( ) yes ( X ) no I hereby certify that the compensation of the Arbitrators has been paid. Date: /6- 116- A 6 5 By: William J. Peter squire Attorney ID # 09983 2931 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-7555 Attorney for Appellant, Lauren M. Fischl (now Lauren M. Baughman) cr, fly- Ali Iql--111 4, INFINITY CRANE AND EXCAVATION : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant DOCKET NO. 08-6131 CIVIL TERM V. CRETE CARRIER CORPORATION and JAMES HARDEN, Additional Defendants CIVIL ACTION - LAW DEMAND FOR JURY TRIAL PURSUANT TO PA.R.Civ.P.1007.1 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Additional Defendants Crete Carrier Corporation and James Harden hereby entered a demand for Jury Trial pursuant to Pa.R.Civ.P. 1007.1. Respectfully Submitted, MARCELLO & KIVISTO, LLC oa- ao I # By: -Son fa visto, Esquire Attoftm? I.D. No. 92919 MARCELLO & KIVISTO, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717)240-4686 F: (717)258-4686 Attorney for Additional Defendants INFINITY CRANE AND EXCAVATION Plaintiff V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 08-6131 CIVIL TERM V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants CERTIFICATE OF SERVICE I certify that the foregoing Demand for Jury Trial in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 22nd day of October, 2009. William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Sonya isto RM-OFFIOE 2009 OCT 23 M 2= 19 16 . `a PRAECIPE FOR LISTING CASE FOR TRIAL (Niust be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: © 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) INFINITY CRANE AND EXCAVATION, (Plaintiff) vs. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN) (Defendant) VS. CRETE CARRIER CORPORATION and JAMES HARDEN, (check one) ? Civil Action - Law ® Appeal from arbitration (other) The trial list will be called on January-5, 2010 and Trials commence on February 1, 2010 Pretrials will be held on January 13, 2010 (Briefs are due S days before pretrials No. 08-6131 ,Civil Term (Additional Defendants) Indicate the attorney who will try case for the party who files this praecipe: William J. Peters, Esquire Indicate trial counsel for other parties if known: Thomas E. Brenner, Esquire - counsel for Plaintiff, Infinity Crane and Excavation / Sonya Kivisto, Esquire, counsel for Additional Defendants, Crete Carrier James Harden This se is ready toi Lriai. Signed: ` Print Name: William J. Peters Date: )1-106" 01 Attorney for: Defendant Fischl (now Baughman) , CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR LISTING CASE FOR TRIAL has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first-class postage pre-paid, in Harrisburg, Pennsylvania, on this day of November, 2009, addressed as follows: Thomas E. Brenner, Esquire Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (counsel for Plaintiff, Infinity Crane and Excavation) Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 (counsel for Additional Defendants, Crete Carrier Corporation and James Harden) PETERS & WASILEFSKI _" M. 'i- RED -Onr CE OF THEE PROTHONOTARY 2009 NOV 20 PM 2: 04 Ct? L:i, a. OJUNFY By: William J. Peters, Esquire Attorney #09983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Defendant, Fischl (Baughman) INFINITY CRANE AND EXCAVATION, Plaintiff V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and ; JAMES HARDEN, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 08-6131 CIVIL TERM CIVIL ACTION - LAW DEFENDANT FISCHL'S (now BAUGHMAN). MOTION FOR PROTECTIVE ORDER AND STAY AS TO DEPOSITION OF DEFENDANT LAUREN M. FISCHL (now LAUREN M BAUGHMAN) Defendant, Lauren M. Fischl, through the undersigned counsel, moves this Court pursuant to Pa. Rules of Civil Procedure 4012(a)(2) and 4013 for a Protective Order and Stay as to the deposition of Defendant Fischl requested by Additional Defendants, Crete Carrier Corporation and James Harden, and in support represents as follows: 1. Plaintiff, Infinity Crane and Excavation, commenced this suit against Defendant Lauren Fisch] by Complaint on October 14, 2008, seeking to recover damages in the amount of $5,358.51 for vehicle property and out-of-pocket expenses from an accident that occurred November 19, 2007. 2. Defendant Fischl, by Complaint of November 21, 2008, joined as Additional Defendants, Crete Carrier Corporation and James Harden, seeking damages to her motor vehicle in the amount of $14,659.89, storage charges in the amount of $333.00, and a car rental fee in the amount of $514.88. 3. On December 20, 2008, Additional Defendants served Defendant Fischl with a Request for Production of Documents which Defendant responded to on February 23, 2009. 4. Additional Defendants served Defendant Fischl with Interrogatories on December 22, 2008, which were answered by Defendant on February 23, 2009. 5. All claims were submitted to a Board of Arbitrators on September 24, 2009. The Arbitrators found Additional Defendants liable to the Plaintiff in the amount of $5,358.51 and costs and interest. Defendant Fischl was found not liable but she was not awarded her counter-claim against Additional Defendants. 6. On October 19, 2009, Defendant Fischl filed an Appeal from the Arbitrators' Award. 7. On November 20, 2009, Defendant listed this case for trial. 8. On October 22, 2009, Additional Defendants filed a Demand for Jury Trial. 9. Additional Defendants, on November 30, 2009, served Notice of Intent to Depose Defendant Fischl. 2 10. Additional Defendants had not served any discovery on Defendant Fischl after November 24, 2008. 11. Defendant Fischl appeared and testified under oath at the Arbitration hearing of September 24, 2009, and was cross-examined by Additional Defendants' counsel. 12. Defendant Fischl resides in Franklin, Vernago County, Pennsylvania, approximately 200 miles from Cumberland County. Additional Defendants have not shown any legitimate need to take Defendant's deposition. Additional Defendants have, through prior discovery, already obtained requested information from Defendant Fischl. 13. Additional Defendants had the opportunity to hear Defendant's testimony at the Arbitration hearing and cross-examined the Defendant. 14. It would be unduly burdensome and expensive to require Defendant to be deposed when she has already testified under oath in this matter. 15. For the foregoing reasons, Additional Defendants should be precluded from taking the deposition of Defendant. 16. The Additional Defendants are represented by Sonya Kivisto, Esquire. The concurrence of counsel for Additional Defendants was sought and counsel does not concur with this motion. 3 17. A Judge has not ruled upon any other issue in this or a related matter. WHEREFORE, Defendant, Lauren M. Fischl (now Lauren M. Baughman), respectfully requests that the Court enter an Order immediately staying any attempt by Additional Defendants to depose her and thereafter precluding Additional Defendants from deposing her. Date: ,? - By: William I Peters, Esquire Attorney ID # 09983 2931 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-7555 Attorney for Appellant, Lauren M. Fischl (now Lauren M. Baughman) 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR PROTECTIVE ORDER has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first-class postage pre-paid, in Harrisburg, Pennsylvania, on this qj1) day of 200", addressed as follows: Thomas E. Brenner, Esquire Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (counsel for Plaintiff, Infinity Crane and Excavation) Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 (counsel for Additional Defendants, Crete Carrier Corporation and James Harden) PETERS & WASILEFSKI / wFiC ? .1 1ILEt}?;; -R E OF THE PRic)"' O'NOTARY 2009 DEC 10 PH 2: 46 ?lry { By: William J. Peters, Esquire Attorney #09983 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Defendant, Fischl (Baughman) INFINITY CRANE AND EXCAVATION, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants RULE TO SHOW CAUSE AND NOW, This ? day of 20d, upon consideration of Defendant Fischl's Motion for a Protective Order and Stay as to any Deposition of Lauren M. Fischl (now Lauren M. Baughman), a Rule is entered upon Additional Defendants to show cause why the Protective Order should not be entered precluding the Deposition of Defendant, Lauren M. Fischl (now Lauren M. Baughman). Return /y oZd /U at - / 1; 0 4L • m. in Court Room L Any scheduled deposition of Additional Defendant is stayed pending the approval of this Motion. F LED--OFIFICE nu TH- PpoT ONOTA ' 2009 DEC I I FM 3: 46 CUM... -- 51. "ti4. V . UNW PENNSYLVANIA Ja .1/-O or .e 4y' L?et AU-9- /? 1/-rani' C1??,z,?ea rycu?? ? ?-??.,- /"',.?•?,, ?' ?P Thomas E. Brenner, Esquire Attorney I.D. No. 32085 Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 717-234-4161 717-234-6810 FAX Attorney for Plaintiff INFINITY CRANE AND EXCAVATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant DOCKET NO. 08-6131 CIVIL TERM V. CRETE CARRIER CORPORATION and JAMES HARDEN, : CIVIL ACTION -LAW Additional Defendants : PLAINTIFF INFINITY CRANE AND EXCAVATION'S MOTION FOR PROTECTIVE ORDER AND STAY AS TO DEPOSITION OF RICHARD FARESTER AND NOW, Plaintiff, Infinity Crane and Excavation, by and through their attorneys, Goldberg Katzman, P.C., moves this Court pursuant to Pa. Rules of Civil Procedure 4012(a)(2) and 4013 for a Protective Order and Stay as to the deposition of Richard Farester requested by Additional Defendants, Crete Carrier Corporation and James Harden, and in support represents the following: 1. Plaintiff, Infinity Crane and Excavation, commenced this suit against Defendant Lauren Fischl by Complaint on October 14, 2008, seeking to recover damages in the amount of $5,358.51 for vehicle property and out-of-pocket expenses from an automobile accident that occurred November 19, 2007. 2. Defendant Fischl, by Complaint of November 21, 2008, joined as Additional Defendants, Crete Carrier Corporation and James Harden, seeking damages to her motor vehicle in the amount of $14,659.89, storage charges in the amount of $333.00, and a car rental fee in the amount of $514.88. 3. All claims were submitted to a Board of Arbitrators on September 24, 2009. The Arbitrators found Additional Defendants liable to the Plaintiff in the amount of $5,358.51 with costs and interest. Defendant Fischl was found not liable but she was not awarded her counter-claim against Additional Defendants. 4. On October 19, 2009, Defendant Fischl filed an Appeal from the Arbitrator's Award. 5. On October 22, 2009, Additional Defendants filed a Demand for Jury Trial. 6. On November 20, 2009, Defendant listed this case for trial. 7. Plaintiff Infinity Crane and Excavation's vehicle was operated by Richard Farester at the time of the accident. 8. Counsel for Crete has requested the deposition of Richard Farester. 9. Richard Farester appeared and testified under oath at the Arbitration hearing of September 24, 2009, and was cross-examined by Additional Defendants' counsel. 10. Mr. Farester resides in Ford City, Armstrong County, Pennsylvania, approximately 182 miles, or three and one-half hours from Carlisle, Cumberland County. Moreover, he is a construction company owner and travels extensively for business. 184422.1 11. Additional Defendants have not shown any legitimate need to take Mr. Farester's deposition. Additional Defendants have, through prior discovery, already obtained requested information from Mr. Farester. 12. Additional Defendants had the opportunity to hear Mr. Farester's testimony at the Arbitration hearing and cross-examined Mr. Farester. 13. It would be unduly burdensome and expensive to require Mr. Farester to be deposed when he has already testified under oath in this matter. 14. For the foregoing reasons, Additional Defendants should be precluded from taking the deposition of Mr. Farester. 15. The Additional Defendants are represented by Sonya Kivisto, Esquire. The concurrence of counsel for Additional Defendants was sought and counsel does not concur with this motion. 16. A Judge has not ruled upon any other issue in this or a related matter. Judge Hess has scheduled a conference for January 14, 2010, at 11:00 A.M. on a related discovery motion filed by Defendant Baughman (see Exhibit A). WHEREFORE, Plaintiff Infinity Crane and Excavation, respectfully requests that the Court enter an Order immediately staying any attempt by Additional Defendants to depose Mr. Farester and thereafter precluding Additional Defendants from deposing him. GOL RG ZMAN, P.C. By: Th . Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorney for Plaintiff Date: December 11, 2009 184422.1 By: William J. Peters, Esquire Attorney #09983 2931 North Front Street Harrisburg, PA 17110 (717) 23,8-7555 Attorney for Defendant, Fischl INFINITY CRANE AND EXCAVA Plaintiff V. LAUREN M. FISCHL (now LAUREN A BAUGHMAN), Defendant V. LTION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 08-6131 CIVIL TERM CRETE CARRIER CORPORATION and CIVIL ACTION - LAW JAMES HARDEN, Additional Defendant I?E+ AND NOW, This ? day?of 204f, upon consideration of Defendant Fischl's Motion for a Protective Order and Stay as to any Deposition of Lauren M. Fischl (now Lauren M. Baughman), a Rule is entered upon Additional Defendants to show cause why the Protective Order should not be entered precluding the Deposition of Defendant, Lauren M. Fischl (now Loren M. Baughman). Return OS! ,'/?? at -,lyL4?, - m. in Court Room ? Any scheduled deposition of Additional Defendant is stayed pending the approval of this Motion. rs/ .?, - Cl J. N , In Testrr.cny i,and and the seal o¢ si _., ?;t at C::;; This ...../.f....... & ot..,?.....,' Prothonotary •• pp?? CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, with first-class postage, prepaid as follows: Sonya Kivisto, Esquire Marcello & Kivisto, LLC 11,200 Walnut Bottom Rd Third Floor, Suite 331 Carlisle, PA 17015 (Counsjel for Additional Defendants, Crete Carrier Corporation and James Harden) William J. Peters, Esquire 2931 North Front St. Harrisburg, PA 17110 (Counsel for Defendant Lauren M Fischl, now Lauren Baughman) GOLDBERG KATZMAN, P.C. B Brenner, Esquire Date: December _I, 2009 184422.1 i:Fr f 4- THE Pill-D-1 . CNIOTARY 2009 DEC 13 PH 1: 2 3 ?a Ty `ai• 1, •.y?H, INFINITY CRANE AND EXCAVATION Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA LAUREN M. FISCHL : DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants ADDITIONAL DEFENDANTS CRETE CARRIER CORP.'S AND JAMES HARDEN'S REPSONSE TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND STAY AS TO DEPOSITION OF DEFENDANT LAUREN M. FISCHL (now LAUREN M. BAUGHMAN) AND NOW come Additional Defendants Crete Carrier Corp. and James Harden by their attorneys, Marcello & Kivisto, LLC, and answer Defendant Lauren Fischl's Motion for Protective Order and Stay as follows: 1. Admitted. 2. Denied in part and Admitted in part. Defendant filed her Complaint against Additional Defendants on November 24, 2008 and not November 21, 2008. It is further denied that Defendant Fischl sought damages to her motor vehicle in the amount of $14,659.89. Rather, Defendant's complaint sought damages to her motor vehicle in the amount of $14, 659.89, less salvage value. Def. Compl. ¶12 (emphasis added). The remaining averments in said paragraph are admitted. 3. Admitted. 4. Denied in part and Admitted in part. It is denied that Additional Defendants served Defendant Fischl with Interrogatories on December 22, 2008. Additional Defendants served Defendant Fischl with Interrogatories on December 20, 2008. The remaining averments in said paragraph are admitted. 5. Denied in part and Admitted in part. It is denied that all claims were submitted to the Board of Arbitrators on September 24, 2009. The Arbitration Hearing was held on September 23, 2009 and the Arbitrators entered their award on September 23, 2009. On September 24, 2009, a Notice of Entry of the Award was served by the Cumberland County Prothonotary. The remaining averments in said paragraph are admitted. 6. Admitted. 7. Admitted. Undersigned counsel notes that Defendant Fischl listed this matter for trial without notice to the parties. 8. Denied. It is denied that Additional Defendants filed their Demand for Jury Trial on October 22, 2009. Additional Defendants' Demand for Jury Trial was filed on October 23, 2009. 9. Admitted. Additional Defendants' Counsel sent a letter to Attorney Peters and Attorney Brenner on November 19, 2009 indicating a desire to depose Lauren Fischl and Richard Farester. (See November 19, 2009 letter attached hereto as Exhibit "I"). On November 30, 2009, Additional Defendants' Counsel sent a letter to Attorney Peters again expressing a desire to take depositions prior to trial. (See November 30, 2009 letter attached hereto as Exhibit «2„ 10. Denied. It is denied that Additional Defendants had not served any discovery on Defendant after November 24, 2008. Additional Defendants served discovery upon Defendant Fischl on December 20, 2008. Undersigned counsel notes that Additional Defendants responded to Discovery on May 6, 2009. 11. Denied in part and Admitted in part. It is denied that the arbitration hearing was held on September 24, 2009. The hearing took place on September 23, 2009. The remaining averments in said paragraph are admitted. 12. Denied in part and Admitted in part. It is denied that Additional Defendants have not shown any legitimate need to take Defendant's deposition. It is denied that Additional Defendants have, through prior discovery, already obtained the requested information from Defendant Fischl. The remaining averments in said paragraph are admitted. 13. Admitted; however, Defendant's arbitration testimony was not transcribed and there is no record of her arbitration testimony. Further, unlike testimony at an arbitration hearing, deposition testimony is not limited to admissible evidence, but may cover information that is not admissible, but is reasonably calculated to lead to the discovery of admissible evidence. Pa.R.Civ.P.4001. 14. Denied. It is denied that a deposition would be unduly burdensome and expensive to Defendant. Further, the Defendant's deposition testimony would be broader than her testimony at the arbitration hearing. Defendant has asserted a counterclaim against Additional Defendants, which Additional Defendants should be permitted to fully defend under the Rules of Civil Procedure. Defendant joined Additional Defendants in the Cumberland County and Defendant should not now be permitted to claim undue burden and expense due to the forum where she chose to file her claim against Additional Defendants. 15. Denied. Defendant has not satisfied the requirements of Pa.R.Civ.P. Rule 4012 and a protective order should not be entered. 16. Admitted. 17. Admitted. 18. Pa.R.Civ.P. Rule 4011 limits the scope of discovery and depositions. Under Pa.R.Civ.P. Rule 4011 discovery or deposition will not be permitted which: a. is sought in bad faith; b. would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent of any person or party; C. is beyond the scope of discovery as set forth in 4003.1 through 4003.6; d. is prohibited by any law barring disclosure of mediation communications and mediation documents; or e. would require the making of an unreasonable investigation by the deponent or any party or witness. Pa.R.Civ.P. 4011(a)-(e). 19. A protective order may only be granted upon motion and good cause shown "to protect a party or person from unreasonable annoyance, embarrassment, oppression, burden or expense." Pa.R.Civ.P.4012. 20. It is the burden of the party seeking the protective order to show that he/she is entitled to a protective order. Bealla v. Zuba, 4 Pa.D.&C. 545, 548 (Luz. Cty. 1955). 21. Defendant's sole basis under Pa.R.Civ.P. Rule 4011 and 4012 for prohibiting the deposition of Defendant is alleged undue burden and expense to Defendant. 22. Defendant fails to provide any evidence of burden or expense except for the fact that the Defendant resides approximately 200 miles away from Cumberland County. 23. Defendant presents the deposition as an undue burden and expense by arguing that Counsel for Additional Defendants had an opportunity to listen to Defendant's testimony and cross-examine Defendant at the arbitration hearing and has propounded other discovery upon Defendant, specifically interrogatories and request for production of documents. 24. The testimony permitted by discovery deposition is broader than the testimony given at an arbitration hearing, which must adhere to the Pennsylvania Rules of Evidence. 25. Pursuant to Pa.R..Civ.P. Rule 1305(a), the Pennsylvania Rules of Evidence shall be followed in an arbitration hearing. Pa.R.Civ.P. 1305(a). 26. The Pennsylvania Rules of Civil Procedure concerning discovery "apply to any civil action or proceeding brought in or appealed to any court which is subject to these rules." Pa.R.Civ.P. Rule 4001 (emphasis added). 27. Pursuant to Pa.R.Civ.P. Rule 4001(c), "any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings, or for preparation or trial of a case." Pa.R.Civ.P. Rule 4001(c). 28. Generally, a party may obtain discovery of any relevant matter, which is not privileged, and inadmissibility is not a ground for objection, so long as the information "appears reasonably calculated to lead to the discovery of admissible evidence." Pa.R.Civ.P. 4001(a)&(b). 29. A party is not limited to using one method of discovery. Pa.R.Civ.P. 4001(d). 30. Because deposition testimony is not limited to admissible evidence, unlike Defendant's arbitration hearing testimony, Additional Defendants should be permitted to depose Defendant. 31. Additional Defendants should be permitted to use all discovery methods available under Pa.R.Civ.P. 4001(d) and should not be limited to the prior interrogatories and request for production of documents propounded against Defendant. 32. Further, Defendant's arbitration testimony was not recorded and would be unavailable for use at trial, unlike a discovery deposition, which would be transcribed. WHEREFORE, Additional Defendants, Crete Carrier Corp. and James Harden, respectfully request this Honorable Court enter an order denying Defendant's Motion for Protective Order and Stay. It is further requested that this Honorable Court enter an order compelling Defendant to be deposed. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: By: So a ivisto, Esq. (Attorney I.D. No. 92919) Angela N. Rainey, Esq. (Attorney I.D. No. 207168) Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 240-4686 Attorneys for Additional Defendants 1 MARCELLO & KIYISTO, LLC 1200 WALNUT BOTTOM ROAD THIRD FLOOR, SUITE 331 CARLISLE, PA 17015 T: (717)240-4686 F: (717)258.4686 November 19, 2009 William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Goldberg Katzman Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 M&K WWW.CDL-LAW.COM Sonya Kivisto (717)240-4686 ski visto@cdl-law. com Re: Infinity Crane v. Lauren M. Fischl v. Crete Carrier Corp. Docket No. 08-6131 Gentlemen, In light of the Praecipe to List this matter for Trial on February 1, 2010 filed in this matter, please advise dates on which you will make your respective clients available for their discovery deposition prior to trial. I suggest the following dates: January 11, 12, 14, and 18-22. Please advise me by December 5 if your clients are not available for deposition on any of these suggested dates. est R'e?a?rds, Sonya Kivisto, Esq. Marcello & Kivisto, LLC C;L MARCELLO & Kms . LLC 1200 WALNUT BOTTOM ROAD THIRD FLOOR, SUITE 331 CARLISLE, PA 17015 T: (717)240.4686 F: (717)258.4686 November 30, 2009 Ka facsimile (717)238-7750 William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 M&K WWW.CDL-LAW.COM Sonya Kivisto (717)240-4686 skivisto@cdl-law.com RE. Infinity Crane and Excavation v Lauren M. Fischl v Crete Carrier Corp. Docket No. 08-6131 Dear Bill, I am in receipt of your letter of November 25. Please be advised that my client rejects your demand of $12,000.00 to settle this matter. I await response to my letter regarding discovery depositions. I appreciate your desire to move this matter along. However, until afforded an opportunity to depose your client and Mr. Brenner's client, I will present to the Court that discovery is not complete and as such this matter should be stricken from the trial list until depositions have been completed. Best Regards, onya Kivisto, Esq. Marcello & Kivisto, LLC INFINITY CRANE AND EXCAVATION : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL : DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants CERTIFICATE OF SERVICE I certify that the foregoing Additional Defendants' Response to Motion for Protective Order and Stay as to Deposition of Defendant in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the dyl "d day of p?,???-,/su , 2009. William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (..2a ai Angela "N. Rainey r ?, ^KnN O/ Thomas E. Brenner, Esquire Attorney I.D. No. 32085 Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 717-234-4161 717-234-6810 FAX Attorney for Plaintiff DEC 212009 INFINITY CRANE AND EXCAVATION, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant V. DOCKET NO. 08-6131 CIVIL TERM CIVIL ACTION -LAW CRETE CARRIER CORPORATION and : JAMES HARDEN, Additional Defendants ORDER AND NOW, this 22j day of 'De- , _,, , 20pj_, upon consideration of the Motion of Plaintiff, Infinity Crane and Excavation, for a Protective Order, IT IS HEREBY ORDERED that the Additional Defendants are precluded from deposing Mr. Farester, and from pursuing any discovery of Mr. Farester, except upon application for an Order of this Court. -ta, '4 be4., ,v u , o a.- ,/ ? P OF Tt-11"---. e=rr `r? ,?.f1 ARY 7099 DEC 22 Ati I%0: ?, _/ P t. l2'a.l(O? _' car 91 ??y w -&J, i?? V ?v4b INFINITY CRANE AND EXCAVATION, Plaintiff VS. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant vs. CRETE CARRIER CORP., and JAMES HARDEN, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6131 CIVIL IN RE: DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND STAY ORDER AND NOW, this Z3 .,J? day of December, 2009, a brief argument on the defendant's motion for protective order and stay is set for Thursday, February 25, 2010, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ? Cmas E. Brenner, Esquire For Plaintiff William J. Peters, Esquire For Defendant Xnya Kivisto, Esquire For Additional Defendant :rlm A i 1009 DEC 23 Al ? i i 'UM: ? i r r.?` wit. INFINITY CRANE AND EXCAVATION, Plaintiff vs. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant VS. CRETE CARRIER CORP., and JAMES HARDEN, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6131 CIVIL IN RE: DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND STAY ORDER AND NOW, this 2 B' day of December, 2009, our order dated December 23, 2009, in the above-captioned motion is VACATED as having been improvidently entered. The plaintiff's motion for protective order and stay and the defendant's motion for protective order and stay will be heard on Thursday, January 14, 2010, at 11:00 a.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 44 Kevin Xomas E. Brenner, Esquire For Plaintiff William J. Peters, Esquire For Defendant Xonya Kivisto, Esquire For Additional Defendant J. C LOCKe 1? I ?'J P Ra THo ?Jo7!??y 0 FFzc ?? bec . ?q '4MLj 41)-00 T INFINITY CRANE AND EXCAVATION Plaintiff V. IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA LAUREN M. FISCHL : DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants ADDITIONAL DEFENDANTS CRETE CARRIER CORP.'S AND JAMES HARDEN'S REPSONSE TO PLAINTIFF INFINITY CRANE AND EXCAVATION'S MOTION FOR PROTECTIVE ORDER AND STAY AS TO DEPOSITION OF RICHARD FARESTER AND NOW come Additional Defendants Crete Carrier Corp. and James Harden by their attorneys, Marcello & Kivisto, LLC, and answers Plaintiff Infinity Crane and Excavation's Motion for Protective Order and Stay as follows: 1. Admitted. 2. Denied in part and Admitted in part. Defendant filed her Complaint against Additional Defendants on November 24, 2008 and not November 21, 2008. It is further denied that Defendant Fischl sought damages to her motor vehicle in the amount of $14,659.89. Rather, Defendant's complaint sought damages to her motor vehicle in the amount of $14, 659.89, less salvage value. Def. Compl. ¶12 (emphasis added). The remaining averments in said paragraph are admitted. 3. Denied in part and Admitted in part. It is denied that all claims were submitted to the Board of Arbitrators on September 24, 2009. The Arbitration Hearing was held on September 23, 2009 and the Arbitrators entered their award on September 23, 2009. On September 24, 2009, a Notice of Entry of the Award was served by the Cumberland County Prothonotary. The remaining averments in said paragraph are admitted. 4. Admitted. 5. Denied. It is denied that Additional Defendants filed their Demand for Jury Trial on October 22, 2009. Additional Defendants' Demand for Jury Trial was filed on October 23, 2009. 6. Admitted. Undersigned counsel notes that Defendant Fischl listed this matter for trial without notice to the parties. 7. Admitted. 8. Admitted. On November 19, 2009, undersigned counsel sent a letter to all opposing counsel indicating a desire to depose both Richard Farester and Lauren Fischl. (See November 19, 2009 letter attached here to as Exhibit "I") 9. Denied in part and Admitted in part. It is denied that the Mr. Farester appeared and testified under oath on September 24, 2009. Mr. Farester appeared and testified at the arbitration hearing on September 23, 2009. The remaining averments in said paragraph are admitted; however, the testimony was not transcribed. 10. Denied in part and Admitted in part. Additional Defendants have no information or belief as to whether Mr. Farester travels extensively for business and therefore said averment is denied by Additional Defendants. It is admitted that Mr. _Farester owns Infinity Crane and Excavation. The remaining averments in said paragraph are admitted. 11. Denied. It is denied that Additional Defendants have not shown any legitimate need to take Mr. Farester's deposition. It is denied that Additional Defendants have, through prior discovery, already obtained requested information from Mr. Farester. It is admitted that Additional Defendants previously propounded interrogatories and request for production of documents upon Plaintiff. 12. Admitted; however, Mr. Farester's arbitration testimony was not transcribed and there is no record of his arbitration testimony. Further, unlike testimony at an arbitration hearing, deposition testimony is not limited to admissible evidence, but may cover information that is not admissible, but is reasonably calculated to lead to the discovery of admissible evidence. Pa.R.Civ.P. 4001. 13. Denied. It is denied that a deposition would be unduly burdensome and expensive to Mr. Farester. Further, Mr. Farester's deposition testimony would be broader than his testimony at the arbitration hearing. Plaintiff filed suit in Cumberland County and had its choice of forum. Additional Defendants should be permitted to defend themselves to the fullest extent permitted under the Rules of Civil Procedure including obtaining discovery in preparation of trial. It is disingenuous for Plaintiff to file suit in Cumberland County and then complain that discovery there will constitute an undue burden and expense. 14. Denied. Plaintiff has not satisfied the requirements of Pa.R.Civ.P. Rule 4012 and a protective order should not be entered. 15. Admitted. 16. Admitted. 17. Pa.R.Civ.P. Rule 4011 limits the scope of discovery and depositions. Under Pa.R.Civ.P. Rule 4011 discovery or deposition will not be permitted which: a. is sought in bad faith; b. would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent of any person or party; C. is beyond the scope of discovery as set forth in 4003.1 through 4003.6; d. is prohibited by any law barring disclosure of mediation communications and mediation documents; or e. would require the making of an unreasonable investigation by the deponent or any party or witness. Pa.R.Civ.P. 4011(a)-(e). 18. A protective order may only be granted upon motion and good cause shown "to protect a party or person from unreasonable annoyance, embarrassment, oppression, burden or expense." Pa.R.Civ.P.4012. 19. It is the burden of the party seeking the protective order to show that he/she is entitled to a protective order. Bealla v. Zuba, 4 Pa.D.&C. 545, 548 (Luz. Cty. 1955). 20. Plaintiff's sole basis under Pa.R.Civ.P. Rule 4011 and 4012 for prohibiting the deposition of Mr. Farester is alleged undue burden and expense to Mr. Farester. 21. Plaintiff fails to provide any evidence of burden or expense except for the fact that Mr. Farester resides approximately 182 miles away from Cumberland County. 22. Plaintiff presents the deposition as an undue burden and expense by arguing that Counsel for Additional Defendants had an opportunity to listen to Mr. Farester's testimony and cross-examine him at the arbitration hearing and has propounded other discovery upon Plaintiff, specifically interrogatories and request for production of documents. 23. The testimony permitted by discovery deposition is broader than the testimony given at an arbitration hearing, which must adhere to the Pennsylvania Rules of Evidence. 24. Pursuant to Pa.R.Civ.P. Rule 1305(a), the Pennsylvania Rules of Evidence shall be followed in an arbitration hearing. Pa.R.Civ.P. 1305(a). 25. The Pennsylvania Rules of Civil Procedure concerning discovery "apply to any civil action or proceeding brought in or appealed to any court which is subject to these rules." Pa.R.Civ.P. Rule 4001 (emphasis added). 26. Pursuant to Pa.R.Civ.P. Rule 4001(c), "any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings, or for preparation or trial of a case." Pa.R.Civ.P. Rule 4001(c). 27. Generally, a party may obtain discovery of any relevant matter, which is not privileged, and inadmissibility is not a ground for objection, so long as the information "appears reasonably calculated to lead to the discovery of admissible evidence." Pa.R.Civ.P. 4001(a)&(b). 28. A party is not limited to using one method of discovery. Pa.R.Civ.P. 4001(d). 29. Because deposition testimony is not limited to admissible evidence, unlike Mr. Farester's arbitration hearing testimony, Additional Defendants should be permitted to depose Mr. Farester. 30. Additional Defendants should be permitted to use all discovery methods available under Pa.R.Civ.P. 4001(d) and should not be limited to the prior interrogatories and request for production of documents propounded against Plaintiff. 31. Further, Mr. Farester's arbitration testimony was not recorded and would be unavailable for use at trial, unlike a discovery deposition, which would be transcribed. WHEREFORE, Additional Defendants, Crete Carrier Corp. and James Harden, respectfully request this Honorable Court enter an order denying Plaintiff's Motion for Protective Order and Stay. It is further requested that this Honorable Court enter an order compelling Mr. Farester to be deposed. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: a??ia By: Q,.- 'e?- , --(,- o a 'visto, Esq. (Attorney I.D. No. 92919) Angela N. Rainey, Esq. (Attorney I.D. No. 207168) Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 240-4686 Attorneys for Additional Defendants tim-to T 1 MARcF.LLo & KnnsT'o, LLC 1200 WALNUT BOTTOM ROAD THIRD FLOOR, SUITE 331 CARLISLE, PA 17015 T: (717)240.4686 F: (717)258.4686 November 19, 2009 William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Goldberg Katzman Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 M&K WWW.CDL-LAW.COM Sonya xivisto (717)240-4686 skivisto@cdl-law.com Re: Infinity Crane v. Lauren M. Fischl v. Crete Carrier Corp. Docket No. 08-6131 Gentlemen, In light of the Praecipe to List this matter for Trial on February 1, 2010 filed in this matter, please advise dates on which you will make your respective clients available for their discovery deposition prior to trial. I suggest the following dates: January 11, 12, 14, and 18-22. Please advise me by December 5 if your clients are not available for deposition on any of these suggested dates. est R arils, Sonya Kivisto, Esq. Marcello & Kivisto, LLC INFINITY CRANE AND EXCAVATION : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL : DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants CERTIFICATE OF SERVICE I certify that the foregoing Additional Defendants' Response to Plaintiff's Motion for Protective Order and Stay as to Deposition of Richard Faresters in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 4" - day of o r, Q , 2010. William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Angela 14. Rainey ,? ??- -,?: ?`--?? r ? ? , x t.? ... ? t _? ?„G `?(??Q ^??'? e, , r., INFINITY CRANE AND EXCAVATION : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and JAMES HARDEN, Additional Defendants DOCKET NO. 08-6131 CIVIL TERMP rr,w CIVIL ACTION - LAW -= 0 z rn ZZ N N ao ADDITIONAL DEFENDANTS CRETE CARRIER CORP.'S AND JAMES HARDEN'S MOTION FOR CONTINUANCE PURSUANT TO PA.R.CIV.P. 216(A)(4) AND NOW come Additional Defendants Crete Carrier Corp. and James Harden by their attorneys, Marcello & Kivisto, LLC, to file this Motion for Continuance and in support of said motion aver as follows: 1. On or about November 16, 2009, Defendant Fischl filed a Praecipe for Listing Case for Trial without prior notice to the parties. 2. On or about November 19, 2009 Counsel for Additional Defendants' Counsel sent a letter to Attorney Peters and Attorney Brenner indicating a desire to depose Lauren Fischl and Richard Farester. (See November 19, 2009 letter attached hereto as Exhibit "I"). 3. On or about November 30, 2009, Additional Defendants' Counsel sent a letter to Attorney Peters again expressing a desire to take depositions prior to trial. (See November 30, 2009 letter attached hereto as Exhibit "2"). 4. On or about December 11, 2009, Defendant Fischl filed a Motion for Protective Order and Stay as to Deposition of Defendant Fischl. 5. On or about December 18, 2009, Plaintiff Infinity Crane filed a Motion for Protective Order and Stay as to Deposition of Richard Farester. 6. On or about December 22, 2009, Additional Defendants filed a response to Defendant's Motion for Protective Order and Stay along with a supporting brief. 7. On or about January 5, 2010, Additional Defendants filed a response to Plaintiff's Motion for Protective Order and Stay along with a supporting brief. 8. On or about December 28, 2009, the Honorable Judge Hess entered an order scheduling both Plaintiff's and Defendant's motions for argument on January 14, 2010. (See the December 28, 2009 Order attached hereto as Exhibit "Y). 9. On or about January 5, 2010, the counsel for the parties attended the call of the trial list before the Honorable Judge Oler. 10. At the call of the list, Counsel for Additional Defendants indicated that discovery was not complete and objected to the case being listed for trial. 11. In leaving this matter on the February trial list, the Honorable Judge Oler indicated that undersigned counsel could await the outcome of the motions or file her own motion for continuance. 12. A continuance may be granted under certain grounds. Pa.R.Civ.P. 216. 13. Pursuant to Pa.R.Civ.P. Rule 216(A)(4), a continuance may granted for "such special ground as may be allowed in the discretion of the court." Pa.R.Civ.P. Rule 216(A)(4). 14. A continuance is proper in this case. 15. Plaintiff's and Defendant's Motions for Protective Order and Stay regarding the depositions of Lauren Fischl and Richard Farester remain outstanding and will be argued on January 14, 2010. 16. Additional Defendants believe they will be successful in their request to depose both Lauren Fischl and Richard Farester. 17. Pursuant to Pa.R.Civ.P. Rule 4001(c), "any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings, or for preparation or trial of a case." Pa.R.Civ.P. Rule 4001(c). 18. Generally, a party may obtain discovery of any relevant matter, which is not privileged, and inadmissibility is not a ground for objection, so long as the information "appears reasonably calculated to lead to the discovery of admissible evidence." Pa.R.Civ.P. 4001(a)&(b). 19. A party is not limited to using one method of discovery. Pa.R.Civ.P. 4001(d). 20. Additional Defendants have a legitimate need to depose both Lauren Fishcl and Richard Farester. 21. Lauren Fischl's and Richard Farester's arbitration testimony was not transcribed and there is no record of their arbitration testimony. 22. Further, unlike testimony at an arbitration hearing, deposition testimony is not limited to admissible evidence, but may cover information that is not admissible, but is reasonably calculated to lead to the discovery of admissible evidence. Pa.R.Civ.P. 4001. 23. A deposition would not be unduly burdensome and expensive to Defendant Lauren Fischl or Richard Farester. 24. This case is scheduled for trial on February 1, 2010. 25. It is unlikely that the depositions of Lauren Fischl and Richard Farester will be able to be scheduled between January 14, 2010 and February 1, 2010. 26. The parties would have only a two week window in which to coordinate the schedules of two deponents and three attorneys. 27. Further, any transcript of the depositions would not likely be completed prior to trial, scheduled for February 1, 2010. 28. On January 6, 2010, undersigned counsel telephoned all opposing counsel seeking their concurrence in the filing of this motion. 29. Both Attorney Peters and Attorney Brenner indicated they did not concur in the filing of this motion. 30. At this time a judge has not ruled upon any other motion, although the Honorable Judge Hess has scheduled Argument on Plaintiffs and Defendant's Motions for Protective Order for January 14, 2010. WHEREFORE, Additional Defendants, Crete Carrier Corp. and James Harden, respectfully request this Honorable Court enter an order granting Additional Defendant's Motion for Continuance of Trial. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: ? ? .?c i o By: Sonya isto, Esq. (Attorney I.D. No. 92919) Angela N. Rainey, Esq. (Attorney I.D. No. 207168) Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 240-4686 Attorneys for Additional Defendants MARCELLO & KnnsTO, LILC 1200 WALNUT BOTTOM ROAD THIRD FLOOR, SUITE 331 CARLISLE, PA 17015 T: (717)240.4686 F: (717)258.4686 November 19, 2009 William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Goldberg Katzman Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 M&K WWW.CDL-LAW.COM Sonya Kivisto (717)240-4686 skivisto@cdl-law.com Re: Infinity Crane v. Lauren M. Fischl v. Crete Carrier Corp. Docket No. 08-6131 Gentlemen, In light of the Praecipe to List this matter for Trial on February 1, 2010 filed in this matter, please advise dates on which you will make your respective clients available for their discovery deposition prior to trial. I suggest the following dates: January 11, 12, 14, and 18-22. Please advise me by December 5 if your clients are not available for deposition on any of these suggested dates. est R'e?a?rds, Sonya Kivisto, Esq. Manello & Kivisto, LLC MARCELLO & KnnsTO, LLC 1200 WALNUT BOTTOM ROAD THIRD FLOOR, SUITE 331 CARLISLE, PA 17015 T: (717)240-4686 F: (717)258-4686 November 30, 2009 Viafacsimile (717)238-7730 William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 M&K WWW.CDL-LAW.COM Sonya Kivisto (717)240-4686 skivisto@cdl-law.com RE. Infinity Crane and Excavation v Lauren M. Fischl v Crete Carrier Corp. Docket No. 08-6131 Dear Bill, I am in receipt of your letter of November 25. Please be advised that my client rejects your demand of $12,000.00 to settle this matter. I await response to my letter regarding discovery depositions. I appreciate your desire to move this matter along. However, until afforded an opportunity to depose your client and Mr. Brenner's client, I will present to the Court that discovery is not complete and as such this matter should be stricken from the trial list until depositions have been completed. Best Regards, onya Kivisto, Esq. Marcello & Kivisto, LLC DEC 3 209 INFINITY CRANE AND IN THE COURT OF COMMON PLEAS OF EXCAVATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. NO.08-6131 CIVIL LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant VS. CRETE CARRIER CORP., and JAMES HARDEN, Additional Defendants IN RE: DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND STAY ORDER AND NOW, this 2 B' day of December, 2009, our order dated December 23, 2009, in the above-captioned motion is VACATED as having been improvidently entered. The plaintiff's motion for protective order and stay and the defendant's motion for protective order and stay will be heard on Thursday, January 14, 2010, at 11:00 a.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 44 Kevin Aj Hess, J. Thomas E. Brenner, Esquire For Plaintiff William J. Peters, Esquire For Defendant Sonya Kivisto, Esquire For Additional Defendant INFINITY CRANE AND EXCAVATION : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL : DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants CERTIFICATE OF SERVICE I certify that the foregoing Additional Defendants' Motion for Continuance Pursuant to Pa.R.Civ.P. 216(A)(4) in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the day of 2010, William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 /, . A Angela . Rainey, Esq. INFINITY CRANE AND EXCAVATION Plaintiff V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and JAMES HARDEN, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA DOCKET NO. 08-6131 CIVIL TERM CIVIL ACTION - LAW RULE TO SHOW CAUSE 0 : . C= , -ter. ,? c n AND NOW, this day of , 2010, upon consideration of Additional 41- C/ Defendants' Motion for Continuance, it is hereby ordered that: (1) a rule is issued upon the respondent to show cause why the Movant is not entitled to the relief requested; (2) the responden hall file an swer to t motio within enty (20 da rvice upon the res ndent; (3) the in ion shall be ecided unde Pa.R. P. No. 2 .7; (4) argument shall be held on "AjU at /I dL a.m4r:m: in Courtroom 0 of the Cumberland County Courthouse; and (5) notice of the entry of this order shall be provided to all parties by the Movant. cc: ' iam J. Peters Esq. Thomas E. Brenner, Esq. .-Sonya Kivisto, Esq. LLL 0 IP`'/ By the Court: J. l INFINITY CRANE AND EXCAVATION, Plaintiff VS. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant VS. CRETE CARRIER CORP., and JAMES HARDEN, Additional Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6131 CIVIL • n N - M r.a IN RE: MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this / 3 ` day of January, 2010, following argument in Chambers, the Court authorizes the taking of the deposition of the defendant and additional defendant. This order is entered with the understanding that counsel for the plaintiff waives notice of and the right to participate in said depositions. BY THE COURT, Kevin X. Hess, J. homas E. Brenner, Esquire For Plaintiff ./William J. Peters, Esquire For Defendant onya Kivisto, Esquire For Additional Defendant (;.,s eyta t L;LV A4 ?r? INFINITY CRANE AND IN THE COURT OF COMMON PLEAS OF EXCAVATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. NO. 08-6131 CIVIL LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), c r, Defendant VS. CRETE CARRIER CORP., and ? t 1. rf JAMES HARDEN, . 4 Additional Defendants ORDER AND NOW, this 0- day of January, 2010, in light of the order entered of even date herewith allowing for depositions in this case, trial herein is continued and the Prothonotary is directed to list this matter for the trial term commencing April 26, 2010. BY THE COURT, Thomas E. Brenner, Esquire For Plaintiff - William J. Peters, Esquire For Defendant -,-S'o-nya Kivisto, Esquire For Additional Defendant Am / C-o F t 'f , /Yt.`a t t LL 11141116 "'en INFINITY CRANE AND EXCAVATION Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. LAUREN M. FISCHL DOCKET NO. 08-6131 CIVIL TERM ), n (now LAUREN M. BAUGHMAN Defendant `.. q ?i V. r -v-; Fn t CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants 5+ ADDITIONAL DEFENDANTS CRETE CARRIER CORP.'S AND JAMES HARDEN'S MOTION TO CERTIFY INTERLOCUTORY ORDER FOR APPEAL AND NOW come Additional Defendants Crete Carrier Corp. and James Harden by their attorneys, Marcello & Kivisto, LLC, hereby motion this Honorable Court to amend its Order of January 13, 2010, which failed to authorize Additional Defendants to take Plaintiff's deposition, by including the statement prescribed by 42 Pa.C.S.A. § 702(b) and, in support thereof, avers as follows: 1. An arbitration hearing was held in the case on September 23, 2009 and the arbitrators entered their decision on September 23, 2009. 2. On or about October 19, 2009, Defendant Fischl filed an Appeal from the arbitration award. 3. On or about November 16, 2009, Defendant Fischl filed a Praecipe for Listing Case for Trial without prior notice to the parties. 4. On or about November 19, 2009, Counsel for Additional Defendants' Counsel sent a letter to Attorney Peters and Attorney Brenner indicating a desire to depose Defendant Lauren Fischl and Plaintiff Richard Farester. (See November 19, 2009 letter attached hereto as Exhibit "I") 5. On or about December 11, 2009, Defendant Fischl filed a Motion for Protective Order and Stay as to the Deposition of Defendant Fischl. 6. On or about December 18, 2009, Plaintiff filed a Motion for Protective Order and Stay as to the Deposition of Richard Farester. 7. On or about December 22, 2009, Additional Defendants filed a response to Defendant's Motion for Protective Order and Stay along with a supporting brief. 8. On or about January 5, 2010, Additional Defendants filed a response to Plaintiffs Motion for Protective Order and Stay along with a supporting brief. 9. Following Argument in Chambers on January 13, 2010, the Honorable Judge Hess entered an order authorizing the taking of the depositions of Defendant Fischl and Additional Defendant, "with the understanding that counsel for the plaintiff waives notice of and the right to participate in said depositions." (See January 13, 2010 Court Order attached hereto as Exhibit "2"). 10. The order denying Additional Defendants' request to depose Plaintiff is interlocutory and cannot be appealed unless it is amended to include the statement prescribed by 42 Pa.C.S.A. § 702(b), regarding interlocutory appeals by permission. 11. Pa.R.A.P. 1311(b) provides that an order may be amended to include the prescribed statement upon application filed within thirty (30) days after the entry of the order in question. 12. The order denying Additional Defendants' request to depose Plaintiff is appropriate for interlocutory appeal by permission under the standards of 42 Pa.C.S.A. § 702(b), because Additional Defendants' request "involves a controlling question of law as to which there is substantial ground for difference of opinion and...an immediate appeal from the order may materially advance the ultimate termination of the matter." 13. There is substantial ground for difference of opinion because: (a) "the courts since the adoption of the discovery rules, have followed the policy that discovery should be liberally allowed and limitations thereon should be narrowly construed." Hess, Kevin, et. al., Pennsylvania Civil Practice, §14.01, p.194 (4th Ed. 2003); (b) "it is impossible to have complete uniformity of construction of interpretation under [the discovery rules], since much is left to the discretion of individual judges under standards stated in flexible terms." Hess, Kevin, et. al., Pennsylvania Civil Practice, §14.01, p.194 (4th Ed. 2003); (c) "any party may take the deposition of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings or for preparation or trial of a case." Pa.R.Civ.P. 4001(c); (d) a party is not limited to using one method of discovery. Pa.R.Civ.P. 4001(d); (e) the arbitrators found that Additional Defendants were liable to Plaintiff for Plaintiff's damages and did not find Additional Defendants liable to Defendant Fischl and at trial Plaintiff will seek to recover damages from Defendant and/or Additional Defendants; (f) testimony permitted during a deposition is broader than testimony presented at an arbitration hearing. See Pa.R.Civ.P. 1305(a); Pa.R.Civ.P. 4001(a)&(b); (g) the arbitration testimony was not transcribed and no record of the testimony exists; (h) Richard Farester is not only a party but a witness to the incident which gave rise to his action; and (i) failing to permit the taking of a deposition of a party is a violation of due process and equal protection. 14. An immediate appeal may materially advance the ultimate termination of this matter, because an order reversing the denial for a request for deposition could remove an issue of appeal after trial and may enhance the prospects of settlement before trial. 15. On January 21, 2010, undersigned counsel telephoned all opposing counsel seeking concurrence in the filing of this motion. 16. Both Attorney Peters and Attorney Brenner indicated.they did not concur in the filing of this motion. 17. The Honorable Judge Hess has ruled upon both Plaintiff and Defendant's motions for protective orders as well as Additional Defendants' Motion for Continuance. WHEREFORE, Additional Defendants respectfully request this Honorable Court amend its Order of January 13, 2010, to include the statement prescribed by 42 Pa.C.S.A. § 702(b). Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: Ild- > c f By: Sonya visto, Esq. (Attorney I.D. No. 92919) Angela N. Rainey, Esq. (Attorney I.D. No. 207168) Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 240-4686 Attorneys for Additional Defendants EXHIBIT 1 mARCELLo & KmsTo. LLC 1200 WALNUT BOTTOM ROAD THIRD FLOOR, SUITE 331 CARLISLE, PA 17015 T: (717)240.4686 F: (717)258-4686 November 19, 2009. William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Goldberg Katzman Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 M&K WWW.CDL-LAW.COM Sonya Kivisto (717)240-4686 skivisto@cdl-iaw.com Re: Infinity Crane v. Lauren M. Fischl v. Crete Carrier Corp. Docket No. 08-6131 Gentlemen, In light of the Praecipe to List this matter for Trial on February 1, 2010 filed in this matter, please advise dates on which you will make your respective clients available for their discovery deposition prior to trial. I suggest the following dates: January 11, 12, 14, and 18-22. Please advise me by December 5 if your clients are not available for deposition on any of these suggested dates. est Re ds, Sonya Kivisto, Esq. Marcello & Kivisto, LLC EXHIBIT 2 INFINITY CRANE AND EXCAVATION, Plaintiff VS. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant VS. CRETE CARRIER CORP., and JAMES HARDEN, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6131 CIVIL IN RE: MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this 13- day of January, 2010, following argument in Chambers, the Court authorizes the taking of the deposition of the defendant and additional defendant. This order is entered with the understanding that counsel for the plaintiff waives notice of and the right to participate in said depositions. BY THE COURT, 4 /J:4, Kevin X. Hess, J. Thomas E. Brenner, Esquire For Plaintiff William J. Peters, Esquire For Defendant Sonya Kivisto, Esquire For Additional Defendant INFINITY CRANE AND EXCAVATION : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL : DOCKET NO. 08-6131 CIVIL TERM (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants CERTIFICATE OF SERVICE I certify that the foregoing Additional Defendants' Motion to Certify Interlocutory Order for Appeal in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the o?G day of 2010. William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 ( - 2.jo?,9, Angela N. Rainey INFINITY CRANE AND EXCAVATION Plaintiff V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and JAMES HARDEN, Additional Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA N T C= I DOCKET NO. 08-6131 CIVIL TEWW :- _ d CIVIL ACTION - LAW INTERLOCUTORY ORDER FOR APPEAL AND NOW come Additional Defendants Crete Carrier Corp. and James Harden by their attorneys, Marcello & Kivisto, LLC, hereby motion this Honorable Court to stay the proceedings pending certification of interlocutory order for appeal and, in support thereof, avers as follows: 1. An arbitration hearing was held in the case on September 23, 2009 and the arbitrators entered their decision on September 23, 2009. 2. On or about October 19, 2009, Defendant Fischl filed an Appeal from the arbitration award. 3. On or about November 16, 2009, Defendant Fischl filed a Praecipe for Listing Case for Trial without prior notice to the parties. 4. On or about November 19, 2009, Counsel for Additional Defendants' Counsel sent a letter to Attorney Peters and Attorney Brenner indicating a desire to depose Defendant Lauren Fischl and Plaintiff Richard Farester. (See November 19, 2009 letter attached hereto as Exhibit "I"). 5. On or about December 11, 2009, Defendant Fischl filed a Motion for Protective Order and Stay as to the Deposition of Defendant Fischl. 6. On or about December 18, 2009, Plaintiff filed a Motion for Protective Order and Stay as to the Deposition of Richard Farester. 7. On or about December 22, 2009, Additional Defendants filed a response to Defendant's Motion for Protective Order and Stay along with a supporting brief. 8. On or about January 5, 2010, Additional Defendants filed a response to Plaintiff's Motion for Protective Order and Stay along with a supporting brief. 9. Following Argument in Chambers on January 13, 2010, the Honorable Judge Hess entered an order authorizing the taking of the depositions of Defendant Fischl and Additional Defendant, "with the understanding that counsel for the plaintiff waives notice of and the right to participate in said depositions." (See January 13, 2010 Court Order attached hereto as Exhibit "2"). 10. The order denying Additional Defendants' request to depose Plaintiff is interlocutory and cannot be appealed unless it is amended to include the statement prescribed by 42 Pa.C.S.A. § 702(b), regarding interlocutory appeals by permission. 11. Pa.R.A.P. 1311(b) provides that an order may be amended to include the prescribed statement upon application filed within thirty (30) days after the entry of the order in question. 12. Additional Defendants have filed a Motion to Certify Interlocutory Order for Appeal and have requested this Honorable Court amend the January 13, 2010 Order to include the language as required under 42 Pa.C.S.A. § 702(b). 13. An immediate appeal may materially advance the ultimate termination of this matter, because an order reversing the denial for a request for deposition could remove an issue of appeal after trial and may enhance the prospects of settlement before trial. 14. On January 21, 2010, undersigned counsel telephoned all opposing counsel seeking concurrence in the filing of this motion. 15. Both Attorney Peters and Attorney Brenner indicated they did not concur in the filing of this motion. 16. The Honorable Judge Hess has ruled upon both Plaintiff and Defendant's motions for protective orders as well as Additional Defendants' Motion for Continuance. WHEREFORE, Additional Defendants respectfully request this Honorable Court stay the proceedings pending the Additional Defendants' Motion to Certify Interlocutory Order for Appeal. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: 41P-V v By- So Kivisto, Esq. (Attorney I.D. No. 92919) Angela N. Rainey, Esq. (Attorney I.D. No. 207168) Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 240-4686 Attorneys for Additional Defendants EXHIBIT 1 MARCELLO & Kf%nSTO, L,L,C 1200 WALNUT BOTTOM ROAD THIRD FLOOR, SUITE 331 CARLISLE, PA 17015 T: (717)240.4686 F: (717)258»4686 November 19, 2009 William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Goldberg Katzman Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 M&K WWW.CDL-LAW.COM Sonya Kivisto (717)240-4686 skivisto@cdl-law.com Re: hifinity Crane v. Lauren M. Fischl v. Crete Carrier Corp. Docket No. 08-6131 Gentlemen, In light of the Praecipe to List this matter for Trial on February 1, 2010 filed in this matter, please advise dates on which you will make your respective clients available for their discovery deposition prior to trial. I suggest the following dates: January 11, 12, 14, and 18-22. Please advise me by December 5 if your clients are not available for deposition on any of these suggested dates. est Re ands, Sonya Kivisto, Esq. Marcello & Kivisto, LLC EXHIBIT 2 INFINITY CRANE AND EXCAVATION, Plaintiff vs. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant vs. CRETE CARRIER CORP., and JAMES HARDEN, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6131 CIVIL IN RE: MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this / 3 ` day of January, 2010, following argument in Chambers, the Court authorizes the taking of the deposition of the defendant and additional defendant. This order is entered with the understanding that counsel for the plaintiff waives notice of and the right to participate in said depositions. BY THE COURT, o4 Kevin . Hess, J. Thomas E. Brenner, Esquire For Plaintiff William J. Peters, Esquire For Defendant Sonya Kivisto, Esquire For Additional Defendant INFINITY CRANE AND EXCAVATION Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant : DOCKET NO. 08-6131 CIVIL TERM V. CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW JAMES HARDEN, Additional Defendants CERTIFICATE OF SERVICE I certify that the foregoing Additional Defendants' Motion for Stay of Proceedings Pending Certification of Interlocutory Order for Appeal in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the h` day of 2010. William J. Peters, Esq. Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Strawberry Square 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 K Z/.,W, A.,. ? - Angela N. Rainey JAN 2 8 2010 INFINITY CRANE AND EXCAVATION Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant DOCKET NO. 08-6131 CIVIL TERM V. CRETE CARRIER CORPORATION and JAMES HARDEN, Additional Defendants CIVIL ACTION - LAW ORDER AND NOW, this 21' day of 2010, in consideration of Plaintiff's Motion for Protective Order and Stay of Deposition of Richard Farester and Defendant's Response, it is hereby ORDERED that said motion is OPOWTE-D. '?E?r? A The w as to whic ? 1 In" ermina ion o e matter. BY THE COURT: J. Distnn: Sonya Kivisto, Esq. liomas E. Brenner, Esq. r ; illiam J. Peters, Esq. - c J c; JAN 2 8 2010 INFINITY CRANE AND EXCAVATION : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA v. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant V. CRETE CARRIER CORPORATION and JAMES HARDEN, Additional Defendants DOCKET NO. 08-6131 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this 29' day of S::) a-- , 2010, in consideration of Plaintiff's Motion for Stay Proceedings Pending Certification of Interlocutory Order for Appeal, it is hereby ORDERED that said motion is f RANT:ED. 1>EN 1E BY THE COURT: J. Distributi ?S nya Kivisto, Esq. mas E. Brenner, Esq. ./William J. Peters, Esq. _? i . a C 0 Thomas E. Brenner, Esquire Attorney I.D. No. 32085 Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 717-234-4161 717-234-6810 FAX Attorneys for Plaintiff flOTARY OF 2810 APR 16 An i 14 39 W- Imp paimy P8jl INFINITY CRANE AND EXCAVATION, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAUREN M. FISCHL (now LAUREN M. BAUGHMAN), Defendant CIVIL ACTION - LAW NO. 08-6131 CIVIL TERM V. CRETE CARRIER CORPORATION and JAMES HARDEN, Additional Defendant : PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark this action settled and discontinued. GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorneys for Plaintiff Date: April _?2_, 2010