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Home My WebLink About00-00786 . , (" 'l~i..">\~ ~ rol:.=..~~ \" C' , , In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. ~60 - ?.fk. Civil. 19 ~-~ \-\.",l....I-Yt ~>-,. ~f'>,. \,..., ~ \;::>'lb-'fvry--n\f:.~r.~e..cr~e ~~v~ c: ~ Q') ~i,.,.::;. i ."--\\- ~~'/-E" ~ -C\\.O'.1~s.q~~'I: ~~ 61-5; ~~\_~I' ~~i lrt~'\-- (Q~ \)..'") ~ Q YJ{""'\. ~ e;,L ~e.(; ~~K\- ~ '\ To (7 t. A''tt> \ -~ t;~ru4'. " I \ a I Prothonotary ~~.~ ~~ Attorney for Plaintiff _;.i'-'-"'W~ "~-=-.Illi~iilJllll -," liii-.iIIl---""....~-~ ," fI~2 OF Trr pn=)Tf-"!C1>HnAF1Y 00 FED I 0 PH j; 35 C' 1\Ie'"]' " ,', --."" "TV UIVickr;Lh\U C:UUJ ~ 11 PENNSYLVN~i.LI lito. sO .!: DO ~ J~-r- ~S- J'L) 'M. atly CI5dL {,J Cif.( j{dL 9/,2J.S ,~ -.-, "'~.,~ . ,~ ,- ~'- ".._-, ". L - , 4 No. Term, 19 _ vs, PRAECIPE Filed 19_ , Alty. 1m .-- -- - ,,<,' ".;"" ; ,--~ "~. - ::; ~ 1.:.:/, ,'- , '" . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CARLISLE PRODUCTIONS, INC., PLAINTIFF v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : NO. .,{006 - 1{>(., {3,'ol't (t~ R. S. MOViE: (2.'( AND SONS, INe. DEFENDANT : CIVIL LAW WRIT OF SUMMONS To the Defendant: R, S, Mowery and Sons, Inc. 625 Hamilton Street Carlisle, P A 17013 You are hereby notified that Carlisle Productions, Inc" the Plaintiff herein, has commenced an action against you. Respectfully submitted, ~ 'BY: 'Sam e1W,MiIkes JACOBSEN & MILKES 52 E. High Street Carlisle, P A 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 Date ~.\O\co Prothonotary or Clerk ~y ,lj~C2. r ~/U-rJ: Deputy Seal of the Court ",'. ",:",~,~ ," I ~. ". -:",^:"';' '-". . ," '",- ."."',~,,,J.' 'J..'" '0"',' .,. .' ",""""" ,,- (") (""' ur:~:: ~,~ 7C- ~;E ~...._' ZC ~,(j ~c z :;:l " , ,',iitj e-, 6 ..." r.,'1 eo o 'TI '.~"-j -:_-~:n t--- -'3rTl c:Jy c;)n {).~ :}j f5fA "-1 ;;;:; =< <::> -0 .~- ..c.. I'v \D , - ~ .~,- -~..........,. SHERIFF'S RETURN - REGULAR CASE NO: 2000-00786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE PRODUCTIONS INC VS MOWERY R S AND SONS INC ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MOWERY R S & SONS INC the DEFENDANT , at 0013:55 HOURS, on the 11th day of February, 2000 at 625 HAMILTON ST CARLISLE, PA 17013 by handing to JIM SNYDER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31. 10 so;:~~ R. Thomas Kline Sworn and Subscribed to before C<> me .this ;lQ ~ day of 02/14/2000 JACOBSEN & MILKES ~ By: 4-- Deputy S erl :r~ ~ A.D. Q. ~~,~ Protnonotary . :1," .... '---^'<'--:-';::;.; ,... , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CARLISLE PRODUCTIONS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. () 000 ~ '181o R. S. MOWREY AND SONS, INC. DEFENDANT CIVIL LAW C:RR'l'Tl?rC:A'l'R nTi' ~RR'nC:R I, Deborah R. Clark, hereby certify that a true and correct copy of Plaintiffs Motion to compel Answers to Interrogatories and to Compel Production of Documents, in the above captioned matter, was duly served upon Defendant, R. S. Mowrey and Sons, Inc. by depositing it in the U.S. Mail, postage paid, on March 14, 2000, addressed as follows: R. S. Mowrey and Sons, Inc. 625 Hamilton St. Carlisle, PA 17013 I hereby verify that the statements made in the foregoing are true and oorrect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: .6 j 1'-11 Db ~CS)cJA~~C4( Deborah R. Clark "rn'" -.,i..l. ,., , _, _'.V _~C$.'__ .,c -' ~., . " ''-".~ 'en _'.' "', " '" , -,; , , ' ",,----.',".. --,.,.,....' "". '__--"1, -- ",--,.,--, , . .,.." . ., . ~ 8 8 ~ f~ :JI: ::;;l > ffl:tl :;lQ ~~ ~e c.:n :0 a ~ ~ ~""i o:tl 5>8 ~ a?ri ~ CII ~' -< . - 71' - ~',' SHERIFF'S RETURN - REGULAR AMENDED CASE NO: 2000-00786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ~ARLISLE PRODUCTIONS INC VS MOWERY R S AND SONS INC ROBERT L. FINK, SR. , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within wRIT OF SUMMONS was served upon MOWERY R S & SONS INC the DEFENDANT , at 1355:00 HOURS, on the 11th day of February, 2000 at 625 HAMILTON ST. CARLISLE, PA 17013 by handing to JIM SNYDER, VICE PRESIDENT AND ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with INTERROGATORIES AND REQUEST FOR PROCUTION OF DOCUMENTS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers'r~~ R. Thomas Kline 03/08/2000 JACOBSEN AND MILKES Sworn and Subscribed to before BY:~~~ Deputy She if me this ~;;~ day of ~ J.-ovv A.D. ~ClYvwp,~ ~ rothonotary , -'-2..'" ;00, ,,~. C', '" ,'~"", ',," .~_,' . ,- ~,-" .,~.-"'"o "-"-'--'> '" ,," ,,~-"."', '=i',;"," '-" ~- , " , CARLISLE PRODUCTIONS, INC., PLAINTIFF : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVILACTION - LAW : NO. 2000-786 R.S. MOWERY AND SONS, INC., DEFENDANT CIVIL TERM ORDER OF COURT -.' .,' .,,:~ "~-;;:;.i';;ki.,~:",,' ' <,"; AND NOW, this "2. t.-{ tfJay of March, 2000, upon consideration of Plaintiffs Motion to Compel Answers to Interrogatories and to Compel Production of Doeuments, a Rule is hereby issued upon the Defendant to show cause why he should not be compelled to answer interrogatories and produce documents. RULE RETURNABLE WITHIN F:W1J.'..:I!m DAYS OF SERVICE. 2.D ~ ^!# 0 (}1P'- 3' j6~~~ (') C <. ~frJ ;?:,; ..:' i ~'':: ~;; {,., :...-'" ""- :< -.:..c.-~::' o o 3: "'" ';0 '" ,j:'"" (') '11 .-, :r. -jJ j'np- -nrn ~iS ::c" o::D --(") om ~ ~ 'v -::e .~ :':> \0 ',--, -::....,--~ : ,',' ~" ., -"' 'L. ;,1 -,0, ",-,' . CARLISLE PRODUCTIONS, INC., PLAINTIFF : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : CUMBERLAND COUNTY, : PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000-786 R.S. MOWERY AND SONS, INC., DEFENDANT CIVIL TERM PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND TO COMPEL PRODUCTION OF DOCUMENTS COMES NOW, the Plaintiff in the above matter, by its attorney, Samuel W. Milkes, Jacobsen & Milkes, and requests of this Honorable Court that it direct the Defendant to respond to the Interrogatories and to produce documents in relationship to the Request for Production of Documents request. In support of this request, Plaintiff avers as follows: 1. On December February 11, 2000, the Defendant was served with the attached Interrogatories and Request for Production of Documents, by a Sheriff Deputy of Cumberland County, Pennsylvania. 2. To date, there has been no response to this discovery. Counsel for the Plaintiff has not been contacted by the Defendant or any representative of the Defendant in any manner. ',,c_H . , ,'"". - " , ". _ '; :>"_C-0c,'+';'_';':"~;_f_-O.'~>-,,-; -/>< _o_h .i':--, - ';-.i.:.;>;,-;'~:;;'~,~"..{_'-;k, jlii--~~~";;..,";""~:-~;;",, '--:;-;;:~:I~-i;:';~;;: , WHEREFORE, Plaintiff respectfully requests of this Honorable Court that it enter a Rule upon the Defendant to show cause why he should not be compelled to answer the Interrogatories and respond to the Request for Production of Documents. -=,\ ~ ~ \co " > CARLISLE PRODUCTIONS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. LAW R. S. MOWERY AND SONS, INC., DEFENDANT CIVIL TERM INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS OF PLAINTIFF DIRECTED TO DEFENDANT Plaintiff, by its attorney, JACOBSEN & MILKES, Samuel W. Milkes, hereby requests that Defendant, to whom these interrogatories are addressed, answer fullYI in writing and under oath, the following interrogatories pursuant to the Pennsylvania Rules of Civil Procedure, and also that Defendant supply the documents described and requested in this Request for Product of Documents. nRFTNT'T'Tnl\lR ANn TNR'T''RTTr.'T'TONR Unless negated by the context of the interrogatory, the following definitions are to be considered to be applicable to all interrogatories contained herein: (A) IIDocuments" is an all-inclusive term referring to any writing and/ or recorded or graphic matter, however produced or reported. The term lldocuments" includes, without limitation, correspondence, memoranda, facsimile, interoffice communications, minutes, reports, notes, schedules, analysest drawings, diagrams I tables f graphs I charts I maps f surveys I books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, ~~""'"- , telegrams, films, tax returns, and financial statements, and all other such documents tangible or retrievable of any kind. The term "Documents" also includes any preliminary notes and drafts of all the foregoing, in whatever form, printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon blueprints, magnetic tape, microfilm, film, motion picture film, phonograph records, or other form. (B) With respect to documents, the term n identify" means to give the date, title, author and addressee; "identify" with respect to documents further means: (i) To describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (ii) To describe it in a manner suitable for use as a description in a subpoena; (iii) To give the name, address, position or title of the person(s) having custody of the document and/or copies thereof. (C) "Identify" when used in reference to an individual means: (i) A statement of his/her full name; (ii) Present residence and or business address or last known residence or business address; (iii) Present employer or last known employer; (D) Whenever the expression Iland/or" is used in these interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. (E) Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not knOWTIj and then, the approximate date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. (F) No answer is to be left blank. If the answer to an interrogatory or subparagraph of an interrogatory is 11 none 11 or l'unknown, II such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of privilege is to be stated. (G) These interrogatories are continuing, and any information secured subsequent to the filing of your answers which would have been included in the answers had it been known or available, is to be supplied by supplemental answers. The subject matter of these proceedings is the above-captioned pending civil action. Date: tZ\\O\a-/ Respectfully submitted, ,~ BY, Samuel W. Milkes, Esq. JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 . 1. State the date upon which a contract was entered into between R.S.Mowery and Sons, Inc. and Carlisle Productions, Inc., for the construction of a grandstand and associated buildings, landscaping, or other related work at the Carlisle Fairgrounds. Please attach a copy of any documents, as defined above, including any contract, amendments, supplements, or other portions of the contract or agreement entered into by the parties along with any notes, memoranda, letters or other documents (as defined above) which in any way address the services or products to be supplied by any contractor, subcontractor or employee in connection with this project, and which in any way describes billing for services related to that entity. 2. Please describe the date upon which work was completed at this project. 3. Please describe the roll of R. S. Mowery and Sons, Inc. in. this project. Describe whether you acted solely as a general contractor, managing the work of others, or whether your business actually engaged in any of the construction acti vi ties in relationship to this project. Describe specifically the duties involved as a general contractor on this project, if applicable, and the duties involved in performing actual work at the job site, including types of work actually performed. - - -... 4. Identify any contractor, subcontractor or employee who performed any work in connection with the grandstand and related projects, addressed in the above-described contract. In describing these contractors subcontractors or employees, supply the information described in the definition of the term "identify," including name, address, contact person and telephone number of each contractor and subcontractor, and briefly state the type of service provided by that individual or entity and/or product supplied by that individual or entity. Please attach copies of any contracts connected to any of these individuals or entities, along with any documents, as defined abovel including notes, memoranda, letters or other documentation which in any way address the services or products to be supplied by that entity and which in any way describe billing for services related to that entity. 5. If not already specifically addressed above, identify (as defined above) the individual or entity which performed the masonry work at this project, specifically including the laying of block used in the construction of the grandstand. Please attach copies of any contracts connected to any of these individuals or entities, along with any documents, as defined above, including notes, memoranda, letters or other documentation which in any way address the services or products to be supplied by that entity and which in. any way describe billing for services related to that entity. - 'I ,~~ 6. If not already specifically addressed above, identify (as defined above) the name of the individual or entity which performed the masonry work at this project, specifically including the excavation, dynamiting, or other ground preparation prior to the laying of any block and the actual laying of block in connection with the construction of the grandstand. Please attach copies of any contracts connected to any of these individuals or entities, along with any documents, as defined above I notes, memoranda, letters or other documentation which in any way address the services or products to be supplied by that entity and which in any way describe billing for services related to that entity. 7. If not already specifically addressed above, identify (as defined above) the supplier of any metal beams, columns, or any other metal framework for the grandstand. Do this by supplying the information required under the term \\identify," as defined above, including name, address, contact person and telephone number of that supplier. Please attach copies of any contracts connected to any of these individuals or entities, along with any documents, as defined above, and notes, memoranda, letters or other documentation which in any way address the services or products to be supplied by that entity and which in any way describe billing for services related to that entity. - ~- 8. Describe specifically, and attach any documents, as defined above, including written notes, memoranaa, correspondence, contracts, or other documentation relating to any covering I whether paint, treatment, or otherwise, which was to be applied by any contractor, subcontractor, or individual to any of the metal supplied in connection with the construction of this grandstand. 9. Identify (as defined above), including name, address, contact person, and telephone number, any contractor, subcontractor, or individual in any way involved in the installation of metal beams, columns, and other metal products connected with the construction of the grandstand. Please attach copies of any contracts connected to any of these individuals or entities, along with any documents, as defined above, including notes, memoranda, letters or other documentation which in any way address the services or products to be supplied by that entity and which in any way describe billing for services related to that entity. 10. Please describe on what date the cement block construction phase of the grandstand was completed. , ~ I "'.~- ~' 11. Please state whether any cracking, shifting, or other problems occurred with regard to the cement block construction, and whether any repairs were made. If repairs were made, please identify (as defined above) who made those repairs, when, and what manner those repairs were made. Also, state the date you were first notified of any such problems and the date your first observed them. 12. Please attach copies of any contracts connected to any of these repairs, along with any documents, as defined above, including notes, memoranda, letters or other documents that in any way address the services or products to be supplied in relationship to these repairs. 13. Please describe whether you are in agreement that there currently exists any further need for any repair of the masonry work in relationship to this project and if so, what repair is needed. - ~ . '----1 14. Please describe on what date the metal framework construction at the grandstand was completed and any products that were in anyway used at the grandstand, including coverings, other painting or otherwise applied to these metal products. 15. Please state whether any cracking, pealing or deterioration of paint or other covering, or other problems occurred with regard to the metal framework construction and any products applied to these metal components, and whether any repairs were made. If repairs were made, please describe who made those repairs, by name, address and telephone number, and in what manner those repairs were made. Also, state the date you were first notified of any such problems and the date your first observed them. 16. Please attach copies of any contracts connected to any of these repairs, along with any documents, as defined above, including notes, memoranda, letters or other documentation, which in any way address the services or products to be supplied in relationship to these repairs. ,- ~ " l,.J, 17. Please describe whether you are in agreement that there currently exists any further need for any repair of the metal framework and/or the products applied to these metal Components in relationship to this project and if so, what repair is needed. 18. Please describe any warranties, expressed or implied, offered, by you or by any contractors, subcontractors or individuals, for any of the services or products provided in connection with the grandstand construction. Attach any documents, as defined above, evidencing these warranties, whether in the form of correspondence, memoranda, notes, or in any other form. 19. Please provide the names, addresses and telephone numbers of any experts whom you intend to offer in litigation surrounding contract disputes or defective workmanship regarding construction of the grandstand and issues addressed in these interrogatories and attach any written reports that you have received from any such experts. - "" 20. Please describe the nature of your corporate business, whether the corporation is active, whether it has shareholders, and the type of corporation registered. Respectfully submitted, . ~~I [7 -ii. ~~~ ~~ . _0. ~~ . I, hereby swear or affirm that the foregoing Answers to Interrogatories and the Documents attached hereto are true and correct to the best of our knowledge, information and belief, and that I will provide further information I may receive in the future pertaining thereto. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: . MIr'jr t.~~ -. - itS*" ~, ~ ~,- .=" "'lIiftI.lliif' ~ -"-~,, . , ., ~, ,--" - .-.--,,,, ....-- ~..' ~ '.- -, ." () <::> ~ ~ 0 3: ~ ""00:; "'" f~il:n rnm ;:0 r- Zr; "t? ~'"; .c- ?'; -< ~~"" ~Q r::O " ~'rlt <:)~ ~O :x '.;:: . :>>8 w d~n' .. ~ z 0 ~ -< ..y, " , ,,~-"-<~';'- . '",-" " ~ . } COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CARLISLE PRODUCTIONS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. NO. &COo- 78tp R. S. MOWREY AND SONS, INC. DEFENDANT CIVIL LAW I:RR'I'H'TI:A'I'R Ol? ~Rmnl:R I, Deborah R. Clark, hereby certify that a true and correct copy of the Order of Court signed by Judge mer on March 24, 2000 in the above captioned matter, was duly served upon Defendant, R. S. Mowrey and Sons, Inc. by depositing it in the U.S. Mail, postage paid, on March 30, 2000, addressed as follows: R. S. Mowrey and Sons, Inc. 625 Hamilton St. Carlisle, P A 17013 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904, relating to unsworn falsification to authorities. Dated: 5 -3D-on O2how~ 1? C!J oJ, " Deborah R. Clark . ~ , ..8"; c -~ ;s." -00:=: g1 t:~ ~~~~ ~C~ f;o "'=0 )>c Z -l -< ~. o c;; ",. -0 ;.:0 I C' o -1'. ~~ i"\'1~~ -~:~~i Es -0 -:~:~,; ~~~ ! ,. ...t"~ ().-'.-.: ~.~..o (;;,;ni '-'< "=' ~ =< 3 C:;1 .-1 -'-':J" -.~ l' '1 4 CARLISLE PRODUCTIONS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. 2000-786 LAW R. S. MOWERY AND SONS, INC., DEFENDANT CIVIL TERM AND NOW, ORDER OF COURT IN RE: ~INTIFF'S MOTION TO MAKE RULE ABSOLUTE this ~day of May, 2000, the Rule issued upon the Defendant on March 24, 2000 is made absolute. The Defendant is directed to answer the Interrogatories and Produce the DOCUmejts which have been requested of him and , -t1A.>CJ>Ly it is directed to do so within Em days of the date of this Order. Upon failure to do so, the Defendant may be subject to sanctions, including the possibility of attorney fees, costs, or entry of judgment against him, and it may be subject to other possible sanctions available to the Court. ( By the Court, #Cr? " -" "- ~, ~ ~._ ,_ . c . ".,' ",' - ,'. -',' -<.,.. . :..~-, " ",,~I. F\\JD-OFFICE _ OF THi: P;:1UD-10NOiARY 00 MJ\.~ -4 PI1 2.: 55 CUMSEiiiJND qOUNTY PENNSYLVANIA $.t/-CJIJ 5- tf.O~ Mt'~~ ~4~ ~~.~~ ~. "-,1,,.---- -'-~-7' -." ,;--,', 'I"" CARLISLE PRODUCTIONS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. 2000-786 LAW R. S. MOWERY AND SONS, INC., DEFENDANT CIVIL TERM MOTION TO MAKE RULE ABSOLUTE COMES NOW, the Plaintiff in the above action, by its attorney, JACOBSEN & MILKES, Samuel W. Milkes, and hereby requests that the Rule issued upon the Defendant on March 24, 2000 be made absolute and that the Defendant be directed immediately to Answer the Interrogatories and Request for production of Documents previously served upon him. In support of this Motion, Plaintiff avers as follows. 1. Much of the information requested in the discovery in this case is urgently needed by Plaintiff in order to determine whether any other Defendants should be named in this action, as subcontractors or suppliers of defective workmanship on the grandstand construction at the Carlisle Productions, Inc. fairgrounds. 2. The Statute of Limitations which applies in this case requires the Plaintiff to take action in the near future, if it is to name any other parties. 3. Accordingly, the information requested is itself essential to this case but also, its timeliness is crucial. 4. On February 11, 2000, the Defendant was served with the ''',0<'1__, C,,-' .;1' .... Interrogatories and Request for Production of Documents, attached to Plaintiff's Motion to Compel Answers to Interrogatories and to Compel Production of Documents. 5. These were served upon the Defendant by a Sheriff Duputy who filed a proof of service. 6. Upon failure of the Defendant to respond in any manner, a Motion to Compel Answers to Interrogatories and to Compel Production of Documents was filed on March 14, 2000. 7. In response to this Motion, the Court entered an Order dated March 24, 2000, a copy of which is attached, issuing a Rule upon the Defendant to Show Cause why he should not be compelled to answer the interrogatories and produce the documents. This Rule was returnable in 20 days. 8. The Rule was served upon the Defendant on March 30, 2000 and a Certificate of Service was filed, confirming this service. 9. To date, the Defendant has failed to respond in any manner and has not even showed an entry of appearance in this case. WHEREFORE, for the above reasons, the Plaintiff respectfully requests of this Honorable Court that it make the Rule Absolute and that it direct the Defendant to answer the interrogatories and produce the documents requested within ten days of the Order. 5(4(0::) ~? 'BY: Samuel W. Milkes JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 ~~" " MAR 1-6 ZOOOtlJ CARLISLE PRODUCTIONS, INC., PLAINTIFF : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2000-786 R.S. MOWERY AND SONS, INC., DEFENDANT CIVIL TERM ORDER OF COURT AND NOW, this ~day of March, 2000, upon consideration of Plaintiffs Motion to Compel Answers to Interrogatories and to Compel Production of Documents, a Rule is hereby issued upon the Defendant to show cause why he should not be compelled to answer interrogatories anJl. produce documents. d2() . RULE RETURNABLE WITHIN F'ffi"l"l'r~ DAYS OF SERVICE. N ,"",i".__,_ .....,_ .,. ., . , .IiilIJ' '~~.. '~'",~....... Co', _~'... ,.-'.L' . " - ~ ' ,no " . .. , 0 0 r;;:: C 0 ~ :l: 3'! -Om :0. tTl[n -< l71iJ2 2:0 2:C I .ufTl (/)..-:;;,. .r:- ~g6 -<4- Cn -0 :=;j',.. ~0 -5:+1 :J!: Cc; ;SO ~ em c z w ~ =< (:;) -<; ,;'-- ~' .-." v. -" - ::.'1- '-I 1 . , CARLISLE PRODUCTIONS, INC., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. CIVIL ACTION -- LAW NO. 2000-786 R. S. MOWREY AND SONS, INC. DEFENDANT CIVIL TERM l:RR'I'Tli'Tr.A'I'R 01<' ~::rRmnl:R I, Dana A. Dunkle, hereby certify that a true and correct copy of the Motion To Make Rule Absolute and Order of Court issued by Judge Oler, in the above captioned matter, was duly served upon Defendant, R. S. Mowrey and Sons, Inc. by depositing it in the U.S. Mail, postage paid, on May 4, 2000, addressed as follows; R. S. Mowrey and Sons, Inc. 625 Hamilton St. Carlisle, P A 17013 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: \'<\~ 1..\1 dtcO ~~Ja~. ~Qj\kJQ na A. Dunkle ,~ '" ".-c'-~- .,,,-' . < (') 0 0 c 0 TI ~... :.::;",. 3: .-j -Om ~ j~-o rTlrn -< F"i:IJ Z::u "r- ~~ I ..orrt <." -"'( -v 0, !CT.::: -0 ::;l~ >'0 :z r~:n Z .' ~(') ..-0 ~ '<:-m :Pc ~ Z N ~ ~ 0"> H" ~ :'.~ -~.;.;.: ;'.; <",>-~,"w~:i",.>.:, ;::-i,-" '; ~'."", '.:: ',:,;;:;''';;,;~'_ ~,:~~~,-:~~,:,,:: :: 'or::, 1_ Jlo II; 1 " CARLISLE PRODUCTIONS, INC., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. CIVILACTION-- LAW NO. 2000-786 R.S. MOWERY AND SONS, INC., DEFENDANT JURY TRIAL DEMANDED : CIVIL TERM NO'T'Tf:F, 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 the Counter Claim 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 Counter Claim or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 'U"".^" 'co ~d_C -~"-,:,;U'~_'L~':;-'C<''- ,"-,V_~"",,,.;_ ., __ .~. d,-~- ",. "~,, ;'~_"__ :.I:'", ,.',,-J,.' . ", '. , . . '" CARLISLE PRODUCTIONS, INC., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. ClVILACTION LAW NO. 2000-786 R.S. MOWERY AND SONS, INC., DEFENDANT JURY TRIAL DEMANDED : CIVIL TERM COMPLAINT COMES NOW, the Plaintiff in the above action, by its President and Chief Executive Officer and by its counsel, and represents as follows: 1, The Plaintiff is a for-profit corporation incorporated under the laws of the Commonwealth of Pennsylvania. 2. The Defendant is a for-profit corporation incorporated under the laws of the Commonwealth of Pennsylvania. 3. The Plaintiff is in the business of offering various shows, services and products to the public. While many activities of Plaintiff involve the showing and sale of automobiles, parts, and related items and services, some shows are of a different nature, including antique shows and entertainment. 4. Plaintiffs Pennsylvania activities take place at a location commonly known as the "Carlisle Fairgrounds," located at 1000 Bryn Mawr Road, Carlisle, Cumberland County, Pennsylvania. 5. The Defendant is in the business of general contracting and providing ',"'. M' ','- ""I ,'i,) -. , JIt , .. , conftacted services for various construction needs. In relationship to the present action, it is relevant that the Defendant engages in or subcontracts to provide the following services: excavation and surface earth movement, painting, steel construction, blacktopping, architectural and project planning and design and oversight of steel projects. 6. At all relevant times, Defendant has had offices at 625 Hamilton Street, Carlisle, Cumberland County, Pennsylvania. 7. At all relevant times, Defendant has been represented by its agent, Donald H. Mowery, who is Defendant's President and is a Physical Engineer. 8. On or about November 7, 1995, a wooden grandstand, food court, and staging area at the Carlisle Fairgrounds burned down completely. 9. On November 17, 1995, Plaintiff and Defendant entered into a contract (a copy of which is attached as Exhibit A), under which, for a fee of $12,500, Defendant was to: a. Prepare a detailed estimate ofthe cost to reconstruct the damaged property, to the condition that existed prior to the fire. b. Prepare construction documents for the project, to include working drawings and technical specifications. c. Prepare a construction budget. 10. On January 5, 1996, Plaintiff and Defendant entered into a contract (hereafter "Contract," attached as Exhibit B) for the construction of a new grandstand and food court at the Carlisle Fairgrounds. The Contract was executed by Plaintiffs President at the time, Steve Fishman and by Defendant's President, Donald H. Mowery. 11. The Contract described the project as "New Grandstand at Carlisle >'~", ,-"' 'q:,,, ," ~ _ ' . H~' '}_-,,- - -':,l-'-",'< c, . . > .,. Fairgrounds." 12. Under this Contract, the contractor's, or Defendants' fee was $105,000, covering design fees and contracting fees. 13. The total amount of the Contract, including the contractor's fee and all work, was not to exceed $1,314,300. Some of the specifications leading to this amount are set forth in the Defendant's letters of December 5, 1995 and January 5,1996, copies of which are attached as a part of the Contract. 14. Also attached as a part of the Contract are Outline Specifications for the project itself. 15. In a memorandum dated April 9, 1996 (a copy of which is attached as Exhibit C), Plaintiff summarized the costs to date, amounting to $1,693,506.41, including various clean-up charges from the cleanup of the fire damage itself. 16. By letter dated May 31,1996 (a copy of which is attached as Exhibit D), Defendant notified Plaintiff that various items of additional work needed to be performed. These were set forth in this four page letter, along with attachments. 17. By letter dated July 3, 1996 (a copy of which is attached as Exhibit E), Defendant notified Plaintiff that the plans it developed failed to include utility extensions for use by the vendors for their equipment. The documentation states the Contract was increased by $60,273, to a total of $1,554,200 as a result. 18. Various subcontractors were contracted by Defendant to perform portions of the work and to supply materials and goods relevant to the matters raised in this Complaint. These subcontractors include the following: a. McLAUGHLIN PAINTING, INC. e-_-. >,^,"..,,-,'-:,.,~.;.~',w',L'_~.;'i;" -"'~'" \::"','-.;.,,,'--_- i",:' ,,'d.'" L.., "-- , ., b. B & B MASONRY, INC. c. STURDISTEEL COMPANY. d. MERIT BUILDERS, INC. e. GULF STATES MANUFACTURERS, INC. 19. Final invoices for this project were generated by Defendant on April 15, 1997 and were received by Plaintiff on or about May 15, 1997. See Exhibit F. 20. The total amount paid to Defendant by Plaintiff for all goods and services provided by Defendant was One-Million-Four-Hundred-Sixty-Seven-Thousand-Sixty and twelve hundredths ($1,467,060.12) Dollars. 21. The final payment made to Defendant by Plaintiff was in the amount of Seventy-Thousand-Nine-Hundred-Seven ($70,907.00) Dollars and it was tendered on June 2, 1997. 22. A Certificate of Occupancy was granted for the grandstand and related projects, by the Commonwealth of Pennsylvania Department of Labor and Industry on March 28,1997. See Exhibit G. 23. Since the completion of this project, Plaintiff and its agents have become aware of various problems and defects associated with goods and workmanship undertaken in connection with this project. These include the following: a. Paint or coating applied to the steel grandstand structure, which is exposed to the public, is cracking, pealing, rusting and discoloring, causing an unsightly appearance. b. Cracks have appeared at various locations of the masonry walls on the perimeter of the grandstand. It can also be seen that these walls . _.',. ,t,;' '. " _.~' ., '-"~'-",-"' -<--/" -.;, '-' :-~,.,,' -- "-""'~'" '-,- -~- .__.~~ 'q" ~'<,._.""----,<,,." --,~" ~- -,:-1; , '. , <.~1 . " .... are not level. These defects demonstrate that there has been settling or movement of the grandstand walls and that they were not laid properly from the beginning. The condition is unsightly and confirms that some structural, workmanship, or design flaw (or some combination ofthese) has occurred. c. Portions of the interior concrete floor of the grandstand have settled or cracked, confirming that some structural, workmanship, or design flaw (or some combination ofthese) has occurred. d. The interior vendor space within the grandstand, under the seating area, is affected by dampness and cracking and pealing of paint. This is caused by water infiltration from the exterior ofthe grandstand due to structural, workmanship, or design flaws (or some combination of these) in the construction ofthe grandstand itself. 24. These various defects began to be noticed by Plaintiffs agents within approximately six months of the issuance of the Certificate of Occupancy, not long after the work was completed. 25. The Plaintiff, through its agents, made repeated efforts to gain Defendant's cooperation in repairing or reconstructing those portions ofthis project that needed to be remedied. While Defendant has arranged for a portion of the steel structure to be painted and has repointed a portion of the block walls, the conditions have not been repaired. 26. During numerous conversations between Defendant's President, Donald H. Mowery, and various agents of Plaintiff, including especially, John Detrick, Mr. , ,"_',-c ,. , 7, -'~- '" 0- . .. , ,,' "',' ,-::'~---),;-~ , ".", " , -;,,~ /, " ,-- ,-' .. " ,'>~--il,- ~).,;;:.( Ill'. . , Mo~ery ~epeatedly stated that the Defendant was responsible for correcting the problems identified above and that the company would do so. 27. Despite repeated promises by Defendant's agent, Donald H. Mowery, that the conditions would be repaired, to date Defendant has failed to do so. 28. Since Plaintiffs agents discovered these various defects, agents of Plaintiff have repeatedly communicated dissatisfaction to the Defendant. The Defendant's agent, Donald H. Mowery, has on numerous occasions promised to remedy the problems but to date has failed to do so. The Defendant did arrange at one point to repaint a small portion of the steel grandstand structure and to repoint a portion of the cement block, but these limited efforts have been insufficient and have themselves proved to be deficient. Even the repainted surfaces demonstrate continued deterioration and the repointed areas of block continue to crack and separate while the mortar used in these repairs is not appropriate to the color and surroundings. 29. Donald H. Mowery represented to Plaintiffs agents that the repairs he made to the project would cure the defects that were present. 30. The Plaintiff relied upon Donald H. Mowery's representations in offering Defendant an opportunity to cure the defects, before resorting to court action. 1. LIABILITY UNDER CONTRACT THEORY 31. The averments set forth above are hereby incorporated. 32. The Contract entered into by the parties called for the Defendant to construct and design a new grandstand, with various requirements and specifications, including, but not limited to the proper design and construction of the _ -_;-;'_-;'>"~-,'-~.'- ,:.~-~u-,-_ ~,',- '_C-,,'" '_'-;._ ,,-' '-.1 ,~.,- <- ;",', I. " graildst~nd (Article 2) and the performance of the work itself "in the best way" (Article 3). Also, the Defendant is described as the "architect" for this project (Article 16). 33. The specifications for this Contract, which form an integral part of the Contract itself, and which are attached as a part of Exhibit B, describe some ofthe particular requirements for this project. They include the requirement that a Carlisle Syntec membrane be installed for proper waterproofing and water infiltration protection (Specification No. 07000) and the requirement that the exposed main building columns be painted (Specification No. 09040). 34. The following defects in the completion ofthis project constitute a breach of the Defendant's obligations under this Contract: a. The failure to properly paint or coat the steel grandstand structure, which is exposed to the public, and is cracking, pealing, rusting and discoloring, causing an unsightly appearance. Whether it is the Defendant or a subcontractor who failed in this regard, the product is defective. b. The presence of cracks at various locations of the masonry walls on the perimeter of the grandstand and the fact that the walls themselves are not level. These defects demonstrate that there has been settling or movement of the grandstand walls and that they were not laid properly from the beginning. The condition is unsightly and confirms that some structural, workmanship, or design flaw (or some combination ofthese) has occurred. --.0",' "' - .~ ,;- ,--;c",_'. ., ~"__ :;..~"o-" ..', -, < ',:C,"'_"",-,..","c "."' -',' ,,', ,'~' ",,, :;~'--->l,,' __,_~" '. c. The fact that portions of the interior concrete floor of the grandsta~d have settled or cracked, confirming that some structural, workmanship, or design flaw (or some combination of these) has occurred. d. The presence of dampness and cracking and pealing of paint in the interior vendor space within the grandstand, under the seating area, caused by water infiltration from the exterior ofthe grandstand, is due to structural, workmanship, or design flaws (or some combination of these) in the construction of the grandstand itself. 35. The defective conditions described above have caused the Plaintiff to offer to the public, during Plaintiffs various activities and activities contracted by other organizations, conditions of a lesser quality than expected by customers and invitees. Vendors are required to occupy space that is inadequate and possibly unhealthy, due to the dampness and customers and other invitees view conditions at the Fairgrounds that are substandard. WHEREFORE, Plaintiff respectfully requests ofthis Honorable Court that it award damages in an amount greater than $35,000 to compensate Plaintiff for the damages incurred as a result of the various defects in workmanship undertaken by Defendant, including the amount necessary to correct the problems and to compensate Plaintiff for any incidental or other expenses incurred. Plaintiff also requests that the Court grant such other relief as may be just and proper under the circumstances. ',-.,. .',q , " -,. , c",- ,~~.-.,-,,-:, ~ ~, , . , ,,~<'.-, 'fl.,., ',",'-~, . ~-->;:c'__;,1 '-". , , , . , - ,~ , 'I " II. EXPRESS WARRANTY 36. The averments set forth above are hereby incorporated. 37. The provisions of the Contract, recited above, and more particularly set forth in the full Contract itself, as well as accompanying letters memoranda and statements of the Defendant specify certain qualities of goods and services that would be provided in Defendant's performance ofthis Contract. 38. Plaintiff relied upon Defendant's assurances, as contained in these and other oral expressions. 39. The Defendant has failed to fulfill the expressed warranties stated in connection with this Contract. WHEREFORE, Plaintiff respectfully requests of this Honorable Court that it award damages in an amount greater than $35,000 to compensate Plaintiff for the damages incurred as a result of the various defects in workmanship undertaken by Defendant, including the amount necessary to correct the problems and to compensate Plaintiff for any incidental or other expenses incurred. Plaintiff also requests that the Court grant such other relief as may be just and proper under the circumstances. III. IMPLIED WARRANTY AND IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS 40. The averments set forth above are hereby incorporated. 41. The Contract contains no exclusions or modifications, specifying that the goods and services provided should not be considered merchantable and workmanlike according to trade and industry standards. "-,,,-~-.. -'" ~,,% , ~, , , , ,.,. '", <" , , --'< ,. <yo "",."""',,,.,.,.. , "'- '.~ -- r'.,_ ,. , :1 t. ~ ,;.;j . , 42. Defendant and its agent, Donald H. Mowery, were aware, in entering into the Contract, that Plaintiff relied upon Defendant's skill and judgment to supply proper goods and necessary and workmanlike services for the performance under this Contract. 43. An implied warranty exists, such that the work performed by Defendant, its agents and subcontractors, including the design of the project itself, the supplying or acquiring of goods, and the workmanlike manner of completing the work, is expected to conform to industry and trade standards, to be workmanlike, to be in merchantable condition, and to be fit for the intended purpose. 44. The deficient and defective nature of the various goods and services provided by the Defendant, as described above, constitute a breach ofthe implied warranty in that: a. The intended purpose of this contract was equally known to both parties. Defendant and its agent, Donald H. Mowery, were well aware that Plaintiff required a high-quality grandstand that would be strongly built and would have an attractive appearance, with a long lifeline. b. The Plaintiff relied upon Defendant agent's knowledge and expertise to design this structure and to arrange for the necessary and proper goods and services needed to complete the project in a manner desired by the Plaintiff. c. The Defendant's agents knew that Plaintiff placed the above- described reliance upon Defendant. i'-" .-~~~ C"" ";," .. ,;F,o.j'~""c'., "." ~~ , , ',',' :1 , , . , c-' , , ",. , ,~- " " , . d. The goods and services provided by Defendant, to the extent they are described as defective herein, would not pass without objection in the trade industry. e. The goods, to the extent they are described as defective herein, are not fit for the ordinary purposes for which they are intended. WHEREFORE, Plaintiff respectfully requests of this Honorable Court that it award damages in an amount greater than $35,000 to compensate Plaintiff for the damages incurred as a result of the various defects in workmanship undertaken by Defendant, including the amount necessary to correct the problems and to compensate Plaintiff for any incidental or other expenses incurred. Plaintiff also requests that the Court grant such other relief as may be just and proper under the circumstances. Respe.~ct~llYSUJ)mitte /~., / . ; . f K, , Y: Samuel W. Milkes JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 ....'_'.<.0, .' " '~"'-~ "-,'-'- .~- .".''-' .-"""",, 'r.<,', -.;) ,'<;',"~, " " ; '';;'.;. '-'~"'<~'ld:f1Go;:.'.--;";';k"H ',>;i,.___;~ ,- '-1- "~-' , - -,"\1 .". "'- -, -- .' ~ '.- '.. --'~ . , VERIFICATION I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904, relating to unsworn falsification to authorities. Dated: //J;,J~/)o -,- c,_' --. _ ' ,. _' - , '-'- 'hh Kutsch, CEO and PresidimtofPlaintiff ~ ~ -. Ai , j Il All IIIIIl .!II ..... - R. S. MOWERY & SONS, INC. 625 HAMILTON STREET CARLISLE, PA 17013 ' . ( 717) 243.5454 (717) 232.8777 FAX (717) 243.7749 November 17, 1995 Mr. Steve Fishman Carlisle Productions 1000 Bryn Mawr Road Carlisle, PA 17013 Dear Mr. Fishman: In response to our recent discussions, R. S. Mowery & Sons will provide the services outlined below for a fee of $12,500. We shall prepare a detailed estimate of the cost to reconstruct the grandstand and food court in identical fashion to that which existed prior to the recent fire. We will be prepared to meet, as necessary, with your insurance carrier to review our cost for reconstruction. We will prepare construction documents for the construction of a new grandstand and food court. These documents will include working drawings and technical specifications. We will develop these construction documents based on criteria to be established with you as well as in compliance with applicable codes and regulations. In conjunction with this design, we shall prepare a construction budget detailing the cost of this construction. The services covered by this fee assume you will be reconstructing the facility in substantially the same size and configuration. If you wish to investigate alternative design criteria in terms of size, uses, and other amenities, there will be an additional cost for the preparation of alternate designs, budgets, and code review. We are prepared to begin this engagement immediately upon your authorization. If you wish us to proceed with this work, please indicate so by your signature accepting this pmposal and returr' it to our office at your convenience. We appreciate having the opportunity of working with you on this project. Very truly yours, R... .Q~MOWERY & SONS, INC. , ')J 1 , (/jLe;-€!j I{ (j.U..A.A.bv D~;ald H. Mowery, P.E., . reSider?' TIONS wlb Authorized Signature ~7fK Oat EXHIBIT GENERAL CONTRACTORS CONSTRUCTION MANAGEMENT PLANNING & ENGI A RSM Job No. 2525 " , THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document AlII Standard Form of Agreement BePNeen Owner and Contractor \;vnere the basis of paymenl is the COST OF THE WORK PLUS A FEE 1978 EDITION THIS DOCUMElvT NAS h'vIPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN AI70RNE'! is ENCOURAGED WITH RE5PEO"TO rTS COMPLETION OR ,'"fOOIFICATlON Use .oniy with [he 1976 Edition of AlA Documenc .A.201, General Conditions 0; the Contract ior COr1Struction. This "'liocumem has been approved and e~dorsed by The Associated General Cont:lctors or America AGREEMENT d h 5T" ma e as 01 t e Hundred anc Uinety-six. day or :...\ A-'" vA '" 'f in the year of Nineteen BETWEEN the Owner: CARLISLE PROOUCTIONS PlOT 1000 Bryn Mawr Road, Carlisle, PA 17013-1588 and the Contractor: R. S. ~OVERY l SONS, INC. 625 Hamilton -Street, Carlisle, PA 17013 the Project: NEV GRANDSTAND AT CARLISLE fAIRGROUNDS 1000 Bryn Mawr Road, Carlisle, PA 17013-1588 the _ EXHIBIT The Owner and the Contractor agree as set forth below. 6 CO'Pyrag/H i'12C1. T9Z!. T'151. 1956. 1%1, 19&3.. :967;' 1~7.t, It) 1978 by The Amerfan in$httllC oi .:.\~clirte'c:s, .:;JS .'.It:W Yor>:. -'\ver.ue; N.W.. \V:lsi)instOn, D.C. ~0006.. Reprodtl(lIon Qi :he m.alei-ial ~liere,n or subsr.anli:ll quOt:lIIon <>i ;IS proviSions wUhoul permiSSion of the: "'It1" vlol.lte:s the cOP'fri~ht bws 01 the Ul"IItett SI:ltCS .md will be ~ubfc<:t 10 1<:-,.:11 praseculion. - . . . ' ~IA DOCUMENT ....11'1 . COSi.jlWS QWNE::'.CONTRAClOR.'ACa::EEMENT . NINTH EDITiON. ."-PRIL 1978. ,0.1.\" it; 197(J . THE ,\MEiHCAN INSTITUTE OF .\RCHlTECTS. 1735 NEW yORl>: AvE.. ~.W" W/\Sl"tlNGTON, D.C. 20006 Al11-1978 1 ARTICLE 1 THE CONTRACT DOCUMENTS 1.1 The Contract Documents consist of this Agreement the Conditions oi the Contract {Gener.1L Supplementarv and other Conditions:, the Drawings, the Spcciiicacions. .111 AddendJ issued prior to and JII IvlodificJtions issued Jiter execution or this Agreement. These form the Contract. Jnd all ;tre as fully a p.ut or the Contract .IS if JttJchcd lO this Agreement Or repeJced herein. 'An enumeration oc the Conuact Documents appears in ,Article 16. If anything in the Con{r~ct Documents is inconsistent with this Agreement. the Agreement shall gave rn. . ' ARTICLE 2 THE WORK 2.1 The (oounctor shall periorm JjJ the \'Vork required by the Contract DDcument~ ior the design and construction of a covered grandstand, steel bleachers, covered food court, and public restrooms. Completion of the food vendor spaces shall be by others and is not part of this Contract, except . as noted in the Scope of Work attached as Exhibit "A". '" ARTICLE 3 THE CONTRACTOR'S DUTIES AND STATUS 3.1 The Contr;1ctor .c1ccepts the relJtionship or trust Jnd conticience established between him and the Owner by this Agreement. He coven.1nts with the.Owner to furnish his best $kill and judgment Jnd to cooperate with the i~rchjtec[ in furthering rhe interests 0; the Owner. He agrees to furnish efficient business admini5tra~ ticn Jnd superintendence ano to use his best efforts to furnish J( all times an adequJre supply 0; workmen Jnd mJteriJls. ...nd to perform :he 'vVork in the best way Jnd in the most e:-:pedhious Jnd economical manner consistent with the interests or the Owner. ARTICLE 4 Tlo',IE OF COMMENCH,IENT AND SUBSTANTIAL COMPLETION 4.1 The Work 10 be performed under this Controct shall be commenced upon authorization by the Owner .:md. subject to authorized adjustments, Substantiai Completion shall be achieved not later than April 15, 1996. It is understood that "time is of the essence" and that every effort will be made to achieve beneficial use of the food court area for the April Spring Car Show. Final completion may require work on the bleachers, etc. after this show. AlA DOCUMENT All1 . COSi-PtuS OW:-.lER.CO,'iT~ACTOR .\G;lfE:'vl.ENT. .'I1Nitl :DITlON . ",PR1L :');:l . ....jA~ .~. 1978 . THE .l.MERICAN lNSTlTUTE Of .\RCHIHCTS, lns :"IfW YORK ,WE.. s.w" \VASI~INGTON, O.C :UOO6 A111-1978 2 ARTICLE 5 COST Of THE WORK AND GUARANTEED MAXIMUM COST , ' 5.1 The Owner agrees to reimburse the Contractor for the Cost or the Work as deiined in Article 8. Such reimbursement shall be in addition to the Contractors Fee stipulated in Article 6. . 5.2 The maximum cost to the Owner, including the Cost or the Work and the Contractor's Fee, is guaranteed not to exceed the Sum or ONE MILLION THREE HUNDRED rOURTEEN THOUSAND THREE HUNDRED AND 00{100 dollars 151,314,300.00 -----j; such Guaranteed Iv\aximum Cost shall be increased or decreased for Chanees in the Work as provided i" Article i. - The Guaranteed Maximum Price (GMP) breakdown is not intended to cap the individual categories of work at the dollar amounts indicated, provided all of the costs, when aggregated, do not exceed the GMP stated above. The price breakdown is intended as a guide to Ovner and Contractor in budgeting costs for the various categories OT work~ ARTICLE 6 CONTRACTOR'S fEE 6.1 In consideration or rhe performance of the Contr;:ict, the Owner agrees to pay the Contractor in current funds as cOr.Q.Pensation for his services a Contractor"s Fee as rollows: TOTAL rEE $ 20,000.00 85,000.00 $105,000.00 Design ree Contractor's ree 6.2 For Changes in the Work, the Contractor's Fee shall be adjusted as follows; ror additional work, a seven percent (7%) Contractor's ree shall be added to the Cost of the Work. 6.3 The Contractor shall be paid ninety-five of his Fee with each progress payment, percent ( 95 %) of the proportional amount AlA DQCUMENT A1n . COSi-PLUS OWNER-CONTRACTOR AGRE!:MENT . ''''ll:-:rH EDIlION . ;\PRll. 1'1i8 . AIA<8 '.'9 ~'Jj;:: . ,He ,\;'>IIERIC\N !NSTlTliTE Of It.RourF.CTS, liJS NEW VORl< AVE.. N,\'I., WASHINCTON, D.C. ~ A111-1978 3 ARTICLE 7 CHANGES IN THE WORK 7.1 The Owner may make Changes in the Work as provided in the Contract Documents. The Contractor shall be reimbursed ror Changes in the Work on the basis oj Cost oi the Work as defined in Article 8. 7.2 The Contractor's Fee for Changes in the Work shall be as set forth in Paragraph 6.2, Or in the absence of spe- ciiic provisions therein, shall be .djusted by negoti.tion on the basis of the Fee established for the original Work. .' " ' ARTICLE 8 COSTS TO BE REIMBURSED 8.1 The term Cost or the \Vork shJII mean costs necessarily incurred in the proper performance of the Work and p.id by the Contractor. Such costs sh.1I be at rates not higher than the standard paid in the locality of the Work exce?t with prior consent or the Owner, and shall include the items set forth below in ,his Article 8. 8.1.1 Wages pJid ror labor in the direct employ of the Contractor in the performance of the Work under Jpplic;Jble cofJQctive bil(g:lining ~greemems. or under J salary or w;lgC schedule ~srced upon by the Owner and Contrac. tOr, and including such welfare or other benefits. if Jny. as may be payable with respect thereto. 8.1.2 Salaries or Contractor's personnel when stationed at the field ofrice. in whatever c:lpac:ity employed. Personnel engaged, at shops or On the road. in expediting the production or transportJtion of malerlai5 or equipment. shall be considered as stJtioned at the rleld ohice and their sal;lries paid for that portion or their time spent on this Work. 8.1.3 Cost or contributions. assessments or {axes incurred during the performance of the Work for sue;' items as unemployment compensation and social sec:JritY6 insofdr as such cost is based on wages, sJ.laries, or other remuneration paid to employees of the Contractor and included in the Ccst of the Work under Subparagraphs 8.1.1 and 8.1.1. 8.1.4 The p~ion or reasan.loie trllvelllnd subsistence expenses or the Contractor or oi his ofiicers Or employees incurred while tr~weling in discharge of duties connected with the Work. 8.1.S Cost of .ii materials, s~pplies .nd equipment incorporated in the Work, including costs of lransportation. thereOf. 8.1.6 Payments made by the Contractor to Subcontr.lctors ror 'Nark peiformed pursuant to Subcontracts under this Agreement. a.l.i Cost. including transportation and m:1inlenance. of llH materiuls. supplies. equipment. tempor<lry facilities and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost less :::livage value on such items used but nO[ consumed which remain the property or the Contractor. 8.1.8 Rental ch:lfges I)t all necessary machinery ana equipment. exclusive of hand IDols. used at the site of the Work, whether rented from the Contra.ctor or others, including inst;lIlJtion, minor repairs Jnd replacements, dismantling, remov<ll, transportation and deiivery costs ;:hereor, a.t rental charges consistent with those pre- vailing in :he ,ueJ.. 8.1.9 COSt;)r premiums ior J.i1 hands and insur;Jnce which the Contr.1ctor is required by the Contrac: Documents [Q purchase ;100 maintain. 8.1.10 S.les, use or simil.r taxes related (0 lhe Work and for which the Contractor is liable imposed by any govern- menral iJuthority. 8.1.11 Permit fees. roy~llies, damages rOf iniringement oC patenls and cOsts of defendin~ suits thereior, \lncl deposits los[ for causes other Ihan the Contractor's negligence. 8.1.12 Losses and expenses, not compensated by insurance or otherwise, sustained by the Contractor in connection with the Work, provided lhey have resulted from causes other than the f<lull or neglect at the ContrilCtOr. Such losses shall include settlements made with the written consent a.nd approval or the Owner. No such losses Jna e.'(pen~e5 shall be included in the Cost of the Work ior the purpose of determining the Con.trac- tor's Fe~. If, however, such loss requires reconstruction iJnd the Contractor is placed in charge thereor.. he shall be paid ior his services J Fee proportionate to that slJted in Paragraph 6.1. 8.1.13 "..Ii nor expenses such as felegrams, long: dist:mce telephone calls, telephone service at the site. expressJge, and similaf petly cash items in connection with the Work. 8.1.14 Cost or removill or :III debris. AlA DOCUMENT ,-\111 . COST.PLUS OW:-':ER.cmHl~AC:OR ACREE:-,tENf ~ ~INTH EDIPO:-l ~ ,\Pf::lll'}iU . AIA~ D 19i8 . ,HE ,-\....Il;,RIC,\N INSTITUTE Of I\Ii.CHITEC1S. 1;"):; NEW YORK .WL. KW.. W..\SHI:-ICTON. D.C. ~JCl(k'1 Al11-1978 4 8...15 6.1.16 t CPSiS ipctlrred due ~o an emergency ;;ulecting the saiety oi persons and property. , ' Other costs incurred in the periormance of the 'Nark if Jnd to the e:uen( approved in advance in writing by the Owner. ARTICLE 9 COSTS NOT TO BE REll'vlBURSED 9.1 The il!'rm Cost ci the Work ,hall not include any 0; the itcms sct forth below in this Article 9. 9.1.1 Soli.Hies or other compensation of the Conlructor's personnel at the Contractor's principal office and branch ofiices. 9.1.2 Expemes of the Comractor's principal and branch oiiices oth~r than rhe f:e!d office. 9.1.3 Any part or the Contractor's capital expenses. including interest on the Contractor's capital employed ror the Work. 9.1.4 Except as speciiically provided iar in Subparagraph 8:1.8 or in modifiC;;Hions thereto, rcntJI costs of machinery and equipment. 9.1.5 Overhead or ~eneral expcn~es or Jny kind, except JS mOlY be expressly included in Article 8. 9.1.6 Costs duc to the :'legligence or the Contr01ctor, Jny Subcontractor, anyone directly or indirectly employed by any of them. or ror whose acts any of ihem may be' liabie. including but noc limi(ed 10 the correction or defective or nonconiormin~ vVork. disposal or materi;:Jls ,:md equipmem 'Wrongly supplied. or making good Jny d.1m.H~e lO property. 9.1.7 The cost or any ilem not speciiically ':1I1(.! expressly included in Ihe items described in Article 8. 9.1.8 Costs in excess of the Guaranteed Maximum Cost, if any, as set forth in Article 5 .we! Jdjusred pursuant [0 .A.rticle 7. ,\1" O<:>CUME:-IT .\111 . cOst.,'WS m\':-;ER-CO:-.:n:...o,Crt)R ACt:.€EME.-..:T . .-':I:-.lTlI EDI fIC)N . APRil ''liB. .-\1"'" D ;'17& . THE .\,'.\Ei:':CM~ !NSTlW7E or "~CHI';""C;S. I::'::; :>iE\\' YORK ,WE.. :o.:.\\'.. \\',\Slll:--:CTON. n c. ~1:rlCN", A111-1976 5 - 10.1 ARTI CLE 10 DISCOUNTS, REBATES AND REFUNDS All, C?Sh discounts shall a.ccrue ro the Contractor unless the Owner deposits funds wi~~ the Contractor with whlcn to mJke paymenfs. in which case the c<lsh discounts shall accrue to the Owner. All trade discounts, rebates Jnd reiunds, and all returns from sale of surplus materials and equipment shall Jccrue lO the Owner, and the Contractor J'haJJ milke provisions so that they Ciln be secured. " " ' If the Owner intends to make cash advances for discounts, etc., the Contractor must be notified within fifteen (15) days of the date of this Agreement. .... ARTICLE 11 SUBCONTRACTS AND OTHER AGREEMENTS 11.1 All portion, oi Ihe Work thal the Contractor's organization doe, nOI perform ,hall be periormed under Sub- contracts Or by other aporopriate agreement with the Contraclor. The Contractor shall request bids irom Sub- contractors and shall deliver such bids to the Architecl. The Owner willlhen determine. with the advice of Ihe C"ntractor and subject to the reasonable objection of the Architect, which bids will be accepted. 11.2 All Subcontracts shall conform 10 the requirements oi the Contract Documents. Subcontracts awarded on Ihe basis of the cost or :;uch work plus a fee shall also be subject to the provisions or ;:his Agreement insofar as applicable. , ARTIClE 12 ACCOUNTING RECORDS 12.1 The Contractor $hall check all materkds, equipment and labor entering into the Work ;lod shall keep such lull and detailed accounts as mllY be necessary for proper financial management under this Agreement, and the system shall be sa!i,;actorv 10 rhe Owner. The Owner ,hall be aiiorded access 10 all the Contractor's records, b'ooks. correspondence. instructions, drawings, receipts, vouchers, memorunda and similiH data relOJting to ~his Contract, and the Contractor shall preserve all such records for il period of three years, or for such longer period as may be required by law, Jrter the final payment. ARTiClE 13 APPLICATIONS FOR PAYMENT 13.1 The Contractor shall, J.t least ten days beiore eJch paymem fails due, deliver to the Architect an itemized statement, notarized if required. showing in complete detail all moneys paid out or costs incurred by him on account oi the Cost of the Work during the previous month ior which he is to be reimbursed under Article 5 and the amount of the ContraCior's Fee due as provided in Article 6, together with payrolls ror ail labor and such other data supporting the Contractor's right to payment lor Subcontracts or m"terials as ihe Owner Or the Architect may require. ..\.IA DOCUMf~T ...\.111 . COST.?tuS OW:-lER.CONTR.4,CiOlI. .-\GRH,\\E;,IT . :-CINTH EDITION' APRlll'I;'S . ,\I,\'=- ~, 19;" . THE ....,'I..\ERIC,\:-1 JN$.ITUTE OF .\KCHITE':iS. iTJ~ "~EW YORK ,wE.. ~.w.. WASHINGTON. D.C ::OOOli A111-19iB 6 ~I ~> ARTICLE 14 PA YMENTS TO THE CONTRACTOR 14.1 The Architect will review the Contractor', Applications for Payment and will promptly take appropriate action thereon as provided in the ContrJct Documents. Such amount as he may recommend iar payment shall be payable by the Owner not later than the twenty-fi fth. (25th) day or the month. 14.1.1 In taking action on the Contractor's Applications for Payment. the ""chitect shall be entitled to rely on the accuracy and completeness or the inrarmatian furnished by the Contractor and shall not be deemed to repre- sent [~at he has m~de aU9its or the supporting data, exhaustive or continuous on-site inspections Or that he has made any examination 10 ascerlain how or for what purposes the Contractor has used the moneys previ~ ously paid on account of the Contract. 14.2 Final payment, constiluting the entire unpaid babnce or the Cost oi the Work and of the Contractor's Fee, shall be paid by the Owner to the Contractor forty-five (45) days after Substantial Completion or the Work unless mherwise stipulated in the Certificate or Substamial Completion, provided the \Nork has been completed, the ContriJct iully performed, and final payment has been recommended by the Architect. 14.3 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legJI rJte prevaiiing at the plJce of the Project. 14.4 Progress Payments to the Contractor shall b. made on a monthly basis, less a five percent (5%) retainer. '" ARTICLE 15 TERMINATION OF CONTRACT 15.1 The Contract may be terminated by the Contractor as provided in the Contract Documents. 15.2 If the Owner term.inates the Contract as provided in the Contract Documents, he shall reimburse the Con- tractor for any unpaid Cost or the Work due him under Article 5, plus (1) the unpaid balance of the Fee com- puled upon the Cost oj the Work to the date of termination at the rate of the percentage named in Arlicle 6, or (2) if the Contractor's Fee be stated as a fixed sum, such an amount as will increase the payments on account of his Fee to a sum which bears the same ratio to the ,aid fixed sum as the Cost of the Work .1 the time of termination bears to the adjusted Guaranteed Maximum Cost, if any, otherwise to a reasonable esti. ma ted Cost oj the Work when completed. The Owner shall also pay to the Contractor fair campen sa tion, either by-purchase or rental at the election of the Owner, for any equipment retained. In case or such termi. nation oj the Contract the Owner shall further assume and become liable lor obligations, commitments and unsettled claims that the Contractor has previously undertaken or incurred in good faith in connection with said Work. The Contractor shall, as a condition or receiving the payments referred to in this "rtiele 15, execute and deliver all such papers and take all such steps, including the legal assignment of his contractual rights, as the Owner may require for the purpose or fully vesdng in himself the rights and benefits of the Contractor under such obligations or commitments. AlA DOCUMENT Alll . COST.1l'LUS QWNER-C::)NTRAGOt:. ,\CREE.\iENT .. NINTH EDITION' ,\PRll 1978 .. AI^~ ;!) ~978 . THE AMERICAN lNSTITUT~ OF ARCiilTEGS. li'J'i NEW YORK AVE... ,~.w.. WASHINGTON, D.C. ~0006 A111-19iB i . , - "'" -.~ L, ARTICLE 16 MISCELLANEOUS PROVISIONS 16.1 Terms used in this Agreement which are defined in the Contract Documents shall h.JVe the meanings desig- nated in those Contract Documents. " ,', ," 16.2 The Contract Documents, which constilute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 16.3 The term "Architect" shall be defined as follows: Where the term "Architect" is used with the intention of outlining the responsibilities of a Designer in performing design work, ensuring the completeness and appropriateness of all design, or administering the contract, the term shall mean R. S. Mowery & Sons, Inc. Where the term "Architect" is used to designate the party responsible for approving work in place, approving applications for payment, and/or making decisions with respect to the Owner's interest, the term "Architect" shall mean Owner or their designated representative. .... This Agreement entered into as oi the day and year iirstwritten above. OWNER: CARLISLE PRODUCe ~lrr , INC. c Bruce G. Rosendale, Executive Vice President AI}, DOCUMENT Al" . COS"';.PlUS OWNER.CONTRACTOI:. ACRHME:-:T . NINTH EDITION. APRlll<)i8 . ~IAlj ~ 1978 . THE AMERICAN INSTITUTE OF M:.CHI1f.CS, 1';'35 NEW YORK IWE.. N.W., WASHINGTON, D.C. .0006 Alll-1978 8 , .... 1-: ~, - .1' R. S. MOWERY & SONS, INC. 625 HAMILTON STREET CARLISLE, PA 17013 (717) 243.5454 (717) 232.8777 FAX (717) 243.7749 k a - - J . - - December 5, 1995 Revised December 15, 1995 Mr. Steve Fishman Carlisle Productions 1000 Bryn Mawr Road Carlisle, PA 17013 Re: NEW GRANDSTAND Carlisle Fairgrounds RSM Job #2525 Dear Mr. Fishman: '" R. S. Mowery & Sons, Inc. is pleased to present this proposal for design and construction services for the New Grandstand to be constructed approximately 30 I. f. further east than the original structure. This will require additional fill material and paving outside the building to bring grade to proposed floor level. It is our understanding that Carlisle Productions is interested in constructing a masonry and steel structure with a slab on grade and standard foundation. The building structure will accommodate the following functions: . Vendor Display Area / Restrooms / Supply Room . Food Vendor Area . Food Court / Covered Eating Area . Grandstand Seating Capacity: .2,138 R. S. Mowery & Sons, Inc. will provide a complete design/build package based upon our interpretation of your requirements (see Outline Specifications and Drawing P4, dated 12/5/95), our conversations, and field visits. We have attempted to make our proposal as complete as possible to help you make informed decisions. All labor, equipment, and materials for a complete building have been included except for the items listed under "Exclusions" later in this proposal. GENERAL CONTRACTORS CONSTRUCTION MANAGEMENT PLANNING & ENGINEERING ~ , ~ Page Two Carlisle Productions December 5, 1995 Revised December 15, 1995 The following breakdown isa summary of costs in various categories: 02000 03000 04000 05000 06000 07000 08000 09000 10000 11 000 12000 13000 15000 .... 16000 17000 Sitework $ Concrete Masonry Metals Carpentry Thermal & Moisture Protection Doors, Windows & Glass Finishes Resinous Flooring Specialties Equipment Furnishings Special Construction Mechanical Repair Communications System Electrical General Conditions Fees, Permits, Insurance Contractor Commission Total Estimated Cost 42,800. 76,100. 53,400. 3,000. 39,000. 5,100. 31,400. 60,200. 29,000. 10,200. 75,600. 376,000. 220,500. 77,000. 10,000. 118,000. 60,200. 13,900. 91,000. $ 1,392,400. Should you have any questions after reviewing this proposal, please feel free to coritact our office at anytime. We look forward to the opportunity to share in the growth and prosperity of Carlisle Productions. Very truly yours, R. S. MOWERY & SONS, INC. Bruce G. Rosendale Executive Vice President wlb R. S. MOWERY & SONS, INC. .- ~ , I .,~, ~' . - - i . .. R. S. MOWERY & SONS, INC. 625 HAMILTON STREET CARLISLE, PA 17013 (717) 243.5454 (717) 232.8777 FAX (717) 243.7749 - January 5, 1996 Mr. Steve Fishman Carlisle Productions 1000 Bryn Mawr Road Carlisle, PA 17013 RE: GRANDSTAND RECONSTRUCTION Carlisle Fairgrounds RSM JOB NO. 2525 Dear Mr. Fishman: This letter is to confirm the verbal price reduction to utilize the Sturdisteel bleachers in lieu of All Star as contained in our original proposal. The credit of $94,000 would result in a revised GMP of $..;I ,298,400. Two other items need to be resolved. The first is to confirm the use of jack beams and eliminate half of the support columns at the front side of the bleachers, centering the odd 24' bay. This cost would be an additional $9,600 which is less than previously quoted, because the manufacturer is increasing the column depth to 2'-8" rather than 2'-0". We ~equested 2' -0", but they cannot physically manufacturer the section due to the thickness of the steel. The second item is to confirm the white painted roof panels. This would add $6,300 to the GMP. The base price is for a galvanized metal roof. If both of these changes meet with your approval, the revised GMP total would be increased by $15,900making the new cost $1,314,300. Should you have any questions after reviewing this information, please do not hesitate to cal\. Very truly yours, tao GENERAL CONTRACTORS CONSTRUCTION MANAGEMENT PLANNING & ENGINEERING -In, HI' , i CARLISLE PRODUCTIONS PROPOSED NEW GRANDSTAND Outline Specifications 02000 SITEWORK 02010 02020 02030 02040 '- 02050 03000 CONCRETE 03010 03020 03030 Selective Demolition Remove existing building foundation as required. Haul debris from site. Site Grading As required within building area. Excavation and Backfill Excavate for wall and pier footers. Backfill and hand-tamp earth back around both sides of foundation walls and piers. Stone under floor slab/apron Place a 4" thick layer of crushed stone under concrete floor slab and apron to suhfloor el~atil!n~__ ___________ _____ Asphalt Paving Saw cut and patch pave a 10' wide area around entire perimeter of building. Pave an additional 700 s.y. area along the east side and southeast comer of the building. Concrete Footings and Piers 3000 PSI concrete designed and reinforced to withstand all i71'.posed loads of structure, assuming 3000 PSF soil bearing capacity. Concrete Frostwall 3000 PSI concrete, 12" wide x 36" deep, to be installed on three (3) sides of covered eating area. Floor Slab 4" thick 3500 PSI concrete floor slab reinforced and constructed as follows: I. 6 x 6 x 10/10 W. W. M. 2. Control joints as required. 3. Liquid cure and seal coating. 4. j,5 " expansion joint material. RSM #2525 R. S. MOWERY & SONS, INC. Page 1 of 8 12/5/95 RevJ.6ed 12/15/95 ." 03000 CONCRETE - Cont'd 03040 03050 03070 03080 04000 MASONRY 04010 .... 04020 04030 Poly Vapor Barrier Install 6-mil poly vapor barrier under floor slabs in vendor display area and food vendor area, Anchor Bolts Set anchor bolt assemblies in concrete piers for building and bleacher column base connections. Embedded Steel (Hair Pins) Steel reinforcing rods within concrete floor slab designed to counteract outward thrust of rigid frame columns. Foundation Drain Tile Install 4" perforated pipe along front of building where proposed finished grade is above floor level of vendor display area. Provide stone fill around drain tile as required. Concrete Founda.ion Block To include all 8", 10" and 12" block to be installed around perimeter of vendor display area. Reinforce with DUR-O-WAL every second COUTU, typical. Add #5 rebar at 16" o.c. vertically and grout voids full at walls where grade exceeds floor level. Splitjace Block 8" splitlace block as manufactured by Nitterhouse Concrete Products, Inc., or equal, to be installed above grade (10' above finished floor level) on both end walls of vendor display area. Include Acmeshield block additive and colored morrar throughout. Provide bond beam reinforcing as required. Concrete Block Walls To include all 8", 10" and 12" interior block walls as shown on the drawing. 10" blockfir~all to extend to roof deck of lower building. Include DUR-O- WAL and bond beam reinforcing as required. RSM #2525 R. S. MOWERY & SONS, INC. Page 2 of 8 12/5/95 Rw..;,ed 12/75/95 05000 METALS 05010 06000 CARPENTRY 06010 06020 06030 --,. .. "-. Miscellaneous Metals As required to complete building. Rough Framing To include all SPF lumber required for interior blocking and coiling door track supports. Plywood install %" thick Tl-11 plywood on boch sides of metal stud walls. Countertops To include 284 l.f of plastic laminated counters along exterior perimeter of food vendor area. 07000 THERMAL AND MOISTURE PROTECTION 07010 07820 Membrane Waterproofing Install.045 EPDM membrane as manufactUred by Carlisle Syntec against exterior of foundation walls where grade exceeds floor level. Caulking As requiredfor masonry consrructionjoiT/ts, hollow metal doors in rnasonry, and wet area fixtures. 08000 DOORS, WINDOWS, AND GLASS 08010 08020 09000 FINISHES Hollow Metal Doors and Frames All e:rrerior and incerior doors to be set in hollow metal frames. Exterior doors to be half lite and interior doors co be flush hollow metal with required hardware. Coiling Steel Overhead Doors To include seventeen (17) 10' W x 8' H six (6) 8' W x 8' H, andfour (4) 8' W x 5' H steel, coiling doors with standard lift track. Doors to have baked enamel finish. 09010 Metal Studs 6", 20 gauge metal studs @ 16" O.c. co be inscalled around food vendor areas #1 and #2. RSM #2525 R. S. MOWERY & SONS, INC. Page 3 of 8 12/5/95 ReJJiAed 12/15/95 "'f'" ~" ~" , ~ ~'I ~ "I 09000 FINISHES - Cont'd 09020 09030 09040 09050 Acoustical Ceiling Tile To. include a 2' x 4' lay-in ane haur ceiling with a white grid system and white fissured tile in the vendar display area. 2' x 4' white vinyl rack ceiling in mens and wamens reslTaams, antifaod vendor areas #1 and #2. Ceramic Tile An Allowance af $7. 00 per s.f. (installed) has been included for floor and base in mens and wamens reslTaams. Painting To. include painting af all expased interiar masanry surfaces, daars and frames. Paint interiar and exteriar surface af T1-11 Plywaad walls. Paint expased main building calumns. Resinous Flooring An allowance of $4.50 per s.f (installed) has been included for food vendor areas #1 and #2. 1??oo SPECIALTIES 10rJlO 11000 EQUIPMENT Tailet Compartments and Accessaries To. include a total af eighteen (18) baked enamel campartments far mens and wamens reslTaams. Pravide grab bars, mirrars, paper halders, tawel and saap dispensers as required. Seven (7) 4' x 10' stainless steel kitchen haads, including mechanical fire pratection systems. 11020 Seven (7) 3-bowl stainless steel kitchen sinks. 12000 FURNISHINGS 11010 12010 Stadiwn Seating Provide 2,138 bench and wheelchair seating capacity, utilizing an aiuminumfull clased deck bleacher grandstand, with all required aisles, stairs, handicap ramps, walJcways and railings. RSM #2525 12/5195 ReJJi..uJi lZ/15/95 R. S. MOWERY & SONS, INC. Page 4 of 8 I. Jk-_ 13000 SPECIAL CONSTRUCI10N 13010 Pre-Engineered Metal Building To include one (1) 64' wide x 214' long x 40' high double-sloped building and one (1) 62' wide x 214'long,x 12' high single-sloped building. Buildings to be designed to BOCA 93 code, for a 30 PSF roof snow load and an 80 MPH wind load. Lower single-sloped building to be designed for a snow build-up condition. 15000 MECHANICAL Furnish all labor and material necessary to install the following: 15010 '" 15020 Plumbing 1. Eighteen (18) floor-mounted tank-type water closets. Two (2) will be handicapped height. 2. Six (6) wall-hung urinals with spring-loaded stops. 3. Eleven (11) wall-hung lavatories with trim. Two (2) will be handicapped accessible. 4. One (1) Jloor mounted mop sink. 5. One (1) exhaust fan in each restroom. 6. Ten (10) gas water heaters. 7. 214 1./ of gas and water lines. Each to accommodate ten (10) vending stations. 8. 4281.f of sanitary line to acconvnodate ten (10) vending stations. 9. Plastic drain, waste, and vent lines extended from new sanitary line to each fixture. 10. 1nsulated copper water lines extended from new water line to each fixrure. 11. One (1) grease trap. Communications An allowance of $10,000 has been included for repairs to the communications system. 16000 ELECTRICAL Furnish all labor and material necessary to install the following: UGHTING: 5 - 2#175W MHJlood lights 5 - 2#400W MH Jlood lights 12 - 250W MH low bay fixrures 4 - 250W MH low bay fixrures with quam restrike 104 - 8' high output industrials with lamp covers 3 - 4' high output industrials with lamp covers 7 - exit signs 27 - emergency battery units 3 - WP remote heads RSM #2525 12/5/95 Rev.wed 12/15/95 R. S. MOWERY & SONS, INC. Page 5 of 8 - """"">, 16000 ELECTRICAL - Cont'd POWER: 4 - single pole switches 12 - momentary contact switches 5 - lighting contactors 1 - photo-~e 1 - 24 hour time clock 7 - OF! duplex receptacles 27 - OFl quad receptacles 3 - 20A, 120V/l-phase feed for exhaust fans 2 - 20A. 120VIl-phase feed for gas water heaters Allowance of $5. 000. 00 for sound system '- SERVICE: 1 - 500KVA 13200V (PRI) to 120/208V (SEC) pad mounted transformer 1 - 1200A. 120/208V 3-phase 4W fusible disconnect switch LS-rework existing service entrance equipment Approximately 125' of UfO panel feed between 1200A disconnect switch and 1200A MDP panel 1 - 1200A. 120/208V 3-phase 4W ME MDP panel 1 - 225A. 120/208V 3-phase 4W MLO sub-panel Approximately 80' of UfO ductbank for communication wiring by others Demo of existing oil filled transformer Required excavation and backfill Required rigging and crane Electric permit Drawings and Design MDlA inspection 17(}(}(} GENERAL CONDIDONS 17010 Project Supervision 17020 Building Layout Install batter boards, square building, and establish proper grades. 17030 Equipment Rental 17040 Construction Office 17050 aean-up / Trash Removal 17060 Temporary Toilet RSM #2525 R. S. MOWERY & SONS, INC. Page 6 of 8 12/5/95 ,I'<~ . " ~. ~ .'-17000 GENERAL CONDITIONS - Cont'd 17070 Temporary Telephone 17080 Concrete Testing 17090 Safety 17100 Design and Engineering 17110 PA Depanment of lAbor and Industry Approval and Fee EXCLUSIONS The following items are presently excluded from our proposal; however, any or all items can and will be provided at the request of the Owner. 1. Performance Bond / Payment Bond 2. Removal of debris resulting from fire 3. Site T est/ng 4. Gas service to building 5. Rock Excavation 6. Removal of hazardous materials 7. Landscaping / Seeding 8. Painting of srruaural steel and deck 9. Fit-out of vendor spaces 10. Sprinkler System 11. HVAC System 12. Fire alarm or security system 13. Wiring of kitchen vending equipment 14. Fire extinguishers Note: 1. This project will take' approximately 18 weeks to complete after receiving a building permit or authorization to start constrUction. RSM #2525 R. S. MOWERY & SONS, INC. Page 7 of 8 12/5/95 - , J """'1 ALTERNATE NO.1: Delete "weather shield" galvanized corrugated pOllel system below the aluminum plank deck system of bleachers. Deduct: $ 24.000.00 ALTERNATE NO.2: Add 7" extruded aluminum contoured backrest witli clear Ollodized finish to all bleacher seating areas. Add: $ 28.000.00 '" RSM #2525 R. S. MOWERY & SONS, INC. Page 8 of 8 12/5/95 . , , . ., ' ~ PRODUCTI '.. " ., ;'_:h"!~,,... All Roads Lead To Carlisle Fire Cost Estimates as bf 04/09/96 Grandstand Replacement Contract dated 01/05/96 $ 1,554,200.00 Additional Costs Yamaha Golf Cart (Mobile Equipment) 5,850.00 Contents - Magazine rack Plastic chain Scrubber 328.34 300.51 8,623.10 Miscellaneous Incidental Costs Photos for Fire Marshall/Architect 105.41 Lunch for Fire Marshall/Investigators 27.54 Security during Fire Marshall Investigation 245.00 Miscellaneous Cleanup costs - Labor 1,265.29 - Equipment rental 142.76 Fire Companies 1,000.00 Signage on Grandstand and Concession Office Bldg 6,175.00 Baby Changer 271.84 J\<lisc small signage on grandstand 207.84 Fire Extinguisher replacement 169. 6D Repair of Gas, Phone and Sound Lines (Claim open pending additional bills) ATT Telephone cable 2,145.44 Misc Phone and Sound bills 4,671.86 Labor for installation of Phone and Sound 2,780.00 Temporary Conversion to propane gas Repair Damage to Facilities ReSod damaged areas Material Labor Roads and Paving (Estimate) Engineering Design Fees Advertising for Reward u..vv&.- ~ -(~-"-e Total Submission as of 04/09/96 71TCC 3,731.20 1,120.00 87,000.00 12,500.00 645.68 3Z'fu $ 1,693,506.41 EXHIBIT ( Carlisle Productions, PBT . 1000 Bryn Mawr Road' Carlisle, PA 17013-1588 . Phone (717) 243-7855' FAX (717) 243-0255~ _.. - ~_.= o _ ~ _,__ ~. ~I ..._loi~_~ '7 -.. ~ l ~ a . .. . - - - R. S. MOWERY & SONS, INC. 625 HAMilTON STREET CARLISLE, PA 17013 ( 717 ) 243.5454 ( 717) 232.8777 j'I" " FAX (717) 243-7749 May 31,1996 Mr. Steve Fishman Carlisle Productions 1 000 Bryn Mawr Road Carlisle, PA 17013-1588 Re: Carlisle Productions, Grandstands RSM Project No. 2525 COR No.1, Cost Breakdown and Documentation Dear Steve: The following is a cost breakdown and documentation for additional work to be performed at the above referenced project. Item No. 1 - Rock Excavation John Gleim, Jr., Inc., Invoice No. 8162 RSM Overhead & Profit (7%) RSM Insurance (1 %) Total Item No.1 $25,581.63 1,790.71 255.82 $27,628.16 Item No.2 - Wall and Sidewalk at Carter BuildinQ John Gleim, Jr., Inc. (5/21/96 Breakout) Shetron Welding (Handrail invoices 4/12/96 & 4/17/96) B & B Masonry (Proposal dated 3/28/96) . RSM Labor (Place rebar, pour footer, four/pour slab) RSM Material (Rebar, concrete, stones) Subtotal RSM Overhead & Profit (7%) RSM Insurance (1 %) Total Item No.2 $ 828.00 1,348.32 328.00 425.00 496.00 $3,425.32 239.77 34.25 $3,699.34 Item No.3 - Sturdisteel Extra Stairs Sturdisteel (Quote dated 3/4/96) Sturdisteel (Quote dated 3/28/96) Subtotal RSM Overhead & Profit (7%) RSM Insurance (1 %) Total Item No.3 $3,500.00 -300.00 $3,200.00 224.00 32.00 $3,45f>.00 EXHIBIT GENERAL CONTRACTORS CONSTRUCTION MANAGEMENT PLANNING & ENGlt D !!!! -~'- ~~ , '--.~", Carlisle Production, COR No..1 RSM Project No. 152'5 Page 2 ., . " Item No.4 - Wall Construction UDQrades (Costs from RSM Job Cost Report) Phase # Estimated Actual 503.00 - Framing $4,800.00 $9,116.00 506.00 - Plywood Sheathing 0.00 3,038.00 509.00 - y," Plywood 3,532.00 0.00 510.00- Misc. Capr. 2,509.60 91.50 591.00 - Rough Hardware 500.00 2,260.70 607.10 - FRP Panels 0.00 19,266.78 735.00 - Vinyl Siding 4,146.40 5.831.98 $15,488.00 $39,604.96 Credit from painter to not paint T-111 Plywood Difference +$ 4,316.00 + 3,038.00 -3,532.00 -2,418.10 +1,760.70 + 19,266.78 + 1.685.58 +$24,116.96 Corridor No.1 Upgrades ($400 ceiling & $630 split face CMU) -3,000.00 $21,116.96 1.030.00 $22,146.96 1,550.29 221.47 $23,918.72 R. S. Mowery & Sons, Inc., Overhead & Profit (7%) R. S. Mowery & Sons, Inc., Insurance (1 %) Total for Item No.4 Item No. 5 - Hvdrants at Bleachers & Food Court KDK, Inc., Invoice No. 9608-2 KDK, Inc. (Quote dated 2/23/96) Subtotal RSM Overhead & Profit (7%) RSM Insurance (1 %) Total for Item No.5 $966.00 830.00 $1.796.00 125.72 17.96 $1,939.68 Item No.6 - Additional Site Work See attached John W. Gleim, Jr., Inc., breakdown RSM Overhead & Profit (7%) RSM Insurance (1 %) Total for Item No, 6 $18,560.00 1,299.20 185.60 $20,044.80 R. S. MOWERY & SONS, INC. -. . -~~, Carlisle Production, COR No. ,1 " . RSM Project No. 25'25" " Page 3 Item No.7 - Natural Gas Relocation John Gleim, Jr., Inc., Invoice Nos. 008236 & 008226 RSM Job Cost Report - Phase No. 401.00, Stones Subtotal RSM Overhead & Profit (7%) RSM Insurance (1 %) Total for Item No.7 1,741.00 791.65 $2,532.65 177.29 25.33 $2,735.27 Item No.8 - Storm Sewer Svstem John W. Gleim, Jr., Inc., Invoice No. 008227 RSM Material - Stones under slab (Union Quarries Invoice Nos. 495075 & 495180) Engineering review for Borough (Terry Fought) Subtotal RSM Overhead & Profit (8%) RSM Insurance (1 %) Total for Item No.8 $36,401.00 461.28 737.50 $37,599.56 3,007.96 375.99 $40,983.51 Item No.9 - Water Main Installation John W. Gleim, Jr., Inc., Invoice No. 008195 RSM Overhead & Profit (7%) RSM Insurance (1 %) Total for Item No.9 $6,812.56 476.88 68.13 $7,357.57 Item No. 10 - Sanitary Sewer Installation John W. Gleim, Jr., Inc., Invoice No. 008228 RSM Miscellaneous materials Subtotal RSM Overhead & Profit (7%) RSM Insurance (1 %) Total for Item No. 10 $11,662.80 132.83 $11,795.63 825.69 117.96 $12,739.28 Item No. 11 - Communication Trench John W. Gleim, Jr., Inc., Invoice No. 008225 RSM Overhead & Profit (7%) RSM Insurance (1 %) Total for Item No. 11 $1,323.75 92.66 13.24 $1,429.65 R. S. MOWERY & SONS, INC. ,--~'" .- '" _-I .Ik'- Carlisle Production, COR No." ... . RSM Project No. 25~'5' ., Page 4 Item No. 12 - Concrete Over Storm Sewer RSM Labor RSM Materials - 40 c.y. @ $85.58 23 c.y. @ $63.60 Subtotal RSM Overhead & Profit (7%) RSM Insurance (1 %) Total for Item No. 12 $2,178.81 3,423.20 1.462.80 $7.064.81 494.54 70.65 $7.630.00 Item No. 13 - Underslab Soda Lines - Carters KDK, Inc., Invoice No. 9608-1, Item "F" RSM Overhead & Profit (7%) RSM Insurance (1 %) Total for Item No. 13 $1,625.00 113.75 16.25 $1.755.00 Item No. 14 - Carter's Eauipment Hook-up KDK, Inc., Invoice No. 9608-2 RSM Overhead & Profit (7%) RSM Insurance (1 %) Total for Item No. 14 $25,026.00 1,751.82 250.26 $27.028.08 Item No. 15 - Under Slab Pipina KDK, Inc., Invoice No. 9608-1, Item "G" RSM Overhead & Profit (7%) RSM Insurance (1 %) Total for Item No. 15 $1,325.00 92.75 13.25 $1,431.00 Item No. 16 - Closina in Bleachers (RSM Job Form Job Cost Report) RSM Labor H & W Costs (8%) Benefits (40%) Labor Subtotal RSM Material Subtotal RSM Overhead & Profit (7%) RSM Insurance (1 %) Total for Item No. 16 $1,045.20 83.62 451.53 $1.580.35 1,340.41 $2.920.76 204.45 29.21 $3.154.42 Sincerely, >;7;;;C Gar~, Project Manger R. S. MOWERY & SONS, INC. -~..~ ~ - " .' -"- .W "L~ ,. J Il .I - .. - - R. S. MOWERY & SONS, INC. 625 HAMILTON STREET CARLISLE, PA 17013 ( 717) 243-5454 (717) 232-8777 . .,~. , '..,f'; ,.. FAX (717) 243.7749 July 3, 1996 Mr. Steve Fishman Carlisle Productions 1000 Bryn Mawr Road Carlisle, PA 17013-1588 RE: Grandstand Reconstruction Carlisle Fairgrounds Dear Steve: It has come to our attention that our estimated cost to reconstruct the grandstand and food court should have included the cost of utility extensions to the vendor equipment. We had included the cost of the gas main, water, and electric service to each vendor space in the original estimate, but did not include the labor and material to connect the equipment as we had for the hoods and sinks. Our cost for this work is as follows: 1.\ 2.) 3.) Electrical Connections $ Plumbing Connections Contractor's Commission 26,262 28,532 5,479 TOTAL COST $ 60,273 This would be in addition to the original estimate of $1,554,200. I apologize for this oversight, but at the time we prepared our estimate, the exact extent of the work was not known. Sorry for any inconvenience this may have caused. Sincerely, R. S. MOWERY & SONS, INC. Bruce . Rosenda( Executive Vice President tao cc Gary Aby File - Correspondence EXHIBIT GENERAL CONTRACTORS CONSTRUCTION MANAGEMENT PLANNING & ENG ~ 'tW. ~ ' i a. .I - - - - R. S. MOWERY & SONS, INC. . ~ . 625 HAMIL TON STREET . . ..-' , CARLISLE, PA 17013 ( 717 ) 243.5454 (717) 232-8777 FAX (717) 243.7749 INVOICE Carlisle Productions 1000 Bryn Mawr Road Carlisle, PA 17013 April 15, 1997 Altn: Mr. Steve Hshman Project Name: Carlisle Fairgrounds - Additional Grandstand Work RSM Project No.: 2754 Description of Work: Costs Incurred for additional work performed at the grandstand as outlined in our letter to you dated July 16, 1996. Construct Closure at Front of Grandstand $15,800.00 Construct Metal Roofing System under Sturdisteel Structural Framework $44,000.00 Add eight (8) light fixtures $ 2,107.00 ------ ------ $61,907.00 '..TOTAL AMOUNT CURRENTLY DUE: Net 30 dlllYs. $61,907.00 ee: Hie EXHIBIT E GENERAL CONTRACTORS CONSTRUCTION MANAGEMENT PLANNING & ENGINEERING :c; ;1 ." ~ ~ i~ , , , , ~ ~ ~ ~~..- __r=rl=r'" o::o-....__on> _ w.. .-..........n>.....i:=l ;::r__r=r 01;:11 Po> ......0..... p...<=>- .....0 == _no po r=r =roo .... n .................. ... ="'...... ,.... ....... ....- .... 1=>'"g"'~;::O "'........"'......"' I=O""'lOloO=-- ..........ClIo='.... wn og ",,=,c:rn Po> 00 ""...no.....r=r o..q"""lCllIII .. III r=r"a C>.... ",no .........r=r... I=' r=rog", n ..............-....... _.n> I=S Q ......0:::..."""'''''''.... ~~ 0.... c:r.....crn olIl",_r=r",C1I '" -~ ....-.................. :::r.... 1=>'"0",..... l'lI_""O ............ ....= 0 .... 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CARLISLE PRODUCTIONS GRANDSTANDS 1000 BRYN MAWR AV NORTH MIDDLETON TO PENNSYLVANIA 17013 APPROVAL IS FOR THE FOLLOWING CLASSIFICATION(S): G GRANDSTAND THIS OCCUPANCY PERMIT AUTHORIZES OCCUPANCY OF THIS BUILDING AS LONG AS THE BUILDING IS MAINTAINED IN ACCORDANCE WITH THE FIRE AND PANIC LAW, REGULATIONS AND THE PLAN APPROVAL. FILE NUMBER PLAN APPROV AL DATE INDUSTRIAL BOARD VARIANCES ACCESSIBILITY BOARD VARIANCES PLAN CODE DRAWING INDEX FIELD INSPECTION DATE 282464 01/31/96 .]- ;Jf"-r7 G 96-00824 ~N~/r IN PECTOR l d 448 DIRECTOR Bureau of Occupational and Industrial LillI 163 lREV 05.931 ., ~.u!yi~j.__"_ EXHIBlT G- .' -'!Mi.- . ... .J\. .. ~ ...",'".. [j~~."""' ILJiAjjMo-]~~~:li"~""" ".. ~, ,m _ '<' ',-;"",,,,I.'~~';;:-,:' '-,-. ~-~ "".>>~ c~ <<<.< . o c <' z ....j -< ~. ~" ,:"::) c"': c.,,) -'TJ t:-- 6' '~n :'::.::i "):...; Co :::..;: c. .m".,j . :11 r) .Tl c-~3 \TI I c; ~ 'E 't ~ ~ . , , , . 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CARLISLE PRODUCTIONS GRANDSTANDS 1000 BRYN MAWR AV NORTH MIDDLETON TO PENNSYLVANIA 17013 ::1\1 ::.*1:~: &H 8%~ lilll :11~1 t ~ t~~}~: &.1 II #1.....11. ~.' ~ Wh l=\t! ~I~:r APPROVAL IS FOR THE FOLLOWING CLASSIFICATION(SI: G GRANDSTAND THIS OCCUPANCY PERMIT AUTHORIZES OCCUPANCY OF THIS BUILDING AS LONG AS THE BUILDING IS MAINTAINED IN ACCORDANCE WITH THE FIRE AND PANIC LAW, REGULATIONS AND THE PLAN APPROVAL. IW#- FILE NUMBER PLAN APPROVAL DATE FIELD INSPECTION DATE '. 11 :~ '$,' '~'I 1- :~t: '$)'~ INDUSTRIAL BOARD VARIANCES ACCESSIBILITY BOARD VARIANCES PLAN CODE DRAWING INDEX 282464 01/31/96 96-00824 .]-;111-17 G ~N~/r IN PECTOR d' } 448 DIRECTOR Bureau of Occupational and Industrial Safety lIBl 163 tREv 05.931 lllin ,j" -t.d<.~~-'~ " " .. -JI. . ~ ....r .. .....~- .~".- ~..._...""""'''''''-;..,.''''',''''''''' ~-~Illft~~ "~",,-.... " .~ " ~ 1]1 !S.<~ F-, .....c,.. ~~:~ CJ ~: <'- ),;::. . o c: ~ ~ ". . ~. ",,, , ::"::) c:> d- -~n ~-"5 .'='J -- ';:j c',,) -T, ".::::; " <_ "T1 ') cyn ~6 -< c- . ,. .^"",o~ , t ~ t CARLISLE PRODUCTIONS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION -- LAW : NO. 2000-786 R. S. MOWERY AND SONS, INC., Defendant : CIVIL TERM - JURY TRIAL DEMANDED v. GULF STATES MANUFACTURERS, INC., Additional Defendant : NOTICE TO PLEAD TO: CARLISLE PRODUCTIONS, INC., Plaintiff YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER AND NEW MA TIER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU. McNEES, WALLACE & NURICK By lw~J!f Attorney J.D. No. 47245 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5441 {A220546.DOC;! } _ 0_'_ '- "-, --" .. ,,.'"-"- - ,,~-, '<"'"' ,- " ,_"_,,;'~t,,"__,, -. .,~! < CARLISLE PRODUCTIONS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW : NO. 2000-786 R. S. MOWERY AND SONS, INC., Defendant CIVIL TERM - JURY TRIAL DEMANDED v. GULF STATES MANUFACTURERS, INC., Additional Defendant : ANSWER OF R. S. MOWERY & SONS. INC. AND NOW, comes the Defendant in the above action, R. S. Mowery & Sons, Inc., through its counsel, and hereby responds to Plaintiffs Complaint as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted upon information and belief. 5. Admitted in part and denied in part. By way of further answer, since the Complaint does not specifically define the phrase "architectural and project planning and design and oversight of steel projects," said averments are denied as stated. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Donald H. Mowery is President ofR. S. Mowery & Sons. The averment as to whether Mr. Mowery is an agent of Defendant is a legal conclusion to which no response is required. By way of further answer, Defendant is unclear as to what the term "physical engineer" in paragraph 7 refers to, and is {AZ19673.DOC;1} '"'" ~ .. - -."', ~ .- ~ . ' '"C,o" . ,'~, ,- - <l,'"--;j, . ~ therefore denied. By way of further answer, Mr. Mowery has extensive experience in the construction industry, and is a registered professional engineer. 8. Admitted upon information and belief. 9. Admitted in part and denied in part. It is admitted that Plaintiff and Defendant entered into a contract on November 17, 1995, which is attached to the Complaint as Exhibit "A". The contract, being a writing, speaks for itself. Accordingly, Plaintiff's characterizations thereof are denied to the extent they vary from the writing attached as Exhibit "A". I O. Admitted in part and denied in part. It is admitted that the Plaintiff and Defendant entered into a contract on January 5, 1996, and that portions ofthat contract are attached as Exhibit "B". By way of further answer, it is denied that the entire contract was attached as Exhibit "B", as the contract included, among other things, project plans. I ]. Admitted. 12. Admitted. By way of further answer, the contract, being a writing, speaks for itself, and is hereby incorporated by reference. 13. Admitted in part and denied in part. It is admitted that the initial contract price, prior to change orders, was $1,314,300. It is denied that "specifications leading to this amount" are set forth in attached letters, as the information in the attached letters did not constitute "specifications" as such. The remaining averments of paragraph 13 are admitted. 14. Admitted. 15. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information as to form or belief as to the truth of paragraph 15, and accordingly the same is denied. {Al19673.DOC;1 } 2 .f;" _-, -~~'h~>Y~~~ ,.,,4'. - . '-"",o!'"" ~+ '_"""""~_'~"'H' ,___~"_",,,- ',"",__,'~",",'''':'''l.'''''L~-_LI . . 16. Denied as stated. It is admitted that Defendant forwarded a letter dated May 31, 1996, to Defendant, and that a copy of said letter was attached to the Complaint as Exhibit "D". The letter, being a writing, speaks for itself, and Plaintiffs characterization of same is denied. By way of further answer, the May 31, 1996 letter merely summarizes the additional work to which the parties had previously agreed, and which, upon information and belief, had already been performed. 17. Admitted in part and denied in part. It is admitted that Defendant forwarded a letter dated July 3, 1996 to Plaintiff, which is attached as Exhibit "E". The letter, being a writing, speaks for itself, and Plaintiff s characterization of same is denied. 18. Admitted. 19. Admitted in part and denied in part. It is admitted that the final Application for Payment was generated by Defendant in mid-April, 1997. Inasmuch as Defendant is without specific knowledge as to when Plaintiff received such Application for Payment, it can neither admit nor deny the remaining averments of paragraph 19. Accordingly, the same are denied. 20. Admitted. 21. Admitted upon information and belief. 22. Admitted. 23. Denied. After reasonable investigation, Defendant is without sufficient information as to what Plaintiff and/or its agents may have become aware of to either admit or deny the averments of paragraph 23, including subparagraphs 23(a) through 23(d). Accordingly, the same are denied. By way of further answer, the subparagraphs of paragraph 23 are responded to more specifically as follows: {A219673.DOC;1 } 3 ~ , <- . ~- -" ~-'> (a) Admitted in part and denied in part. It is admitted that some of the primer on the grandstand is peeling, and that some rusting has occurred. It is denied that" "cracking" or "discoloring" has occUrred, and it is further denied that any such alleged conditions have caused "an unsightly appearance." By way of further answer, any steel building which is exposed to the elements will exhibit some level of peeling and rusting. By way of further answer, most of the steel grandstand structure did not have "field paint" applied to it, but rather was left with only the factory primer coat. This decision was made solely by Plaintiff. (b) Admitted in part and denied in part. It is admitted that small cracks have appeared at two discrete locations on the masonry walls on the perimeter of the grandstand, one of which is merely a hairline crack. It is denied that the walls ar~ "not level." It is further denied that there are any "defects" which demonstrate that there has been settling or movement of the grandstand walls, and that they were not laid properly from the beginning. It is further denied that the condition is unsightly, and confirms that some structural workmanship or design flaw has occurred. Rather, to the extent any limited cracking occurred in the masonry walls, said cracking was a result of the normal movement of the structure, which demonstrated a subsequent need for an expansion joint. This work has recently been performed by Defendant. It is specifically denied that any settling of the grandstand walls has occurred. (c) Denied. It is specifically denied that any of the interior concrete floors of the grandstand have settled or cracked, and that any structural workmanship or design flaw has occurred with respect to the installation of such floors. {A219673.DOC;1} 4 , (d) Admitted in part and denied in part. It is admitted that at one location of an interior vendor space, dampness was evident during the Summer of2000. It is denied that such dampness was caused due to a structural workmanship or design flaw in the construction of the grandstand itself, and it is further denied that cracking or peeling of paint occurred. Rather, to the extent any dampness was evident, it was most likely as a result of accwnulating rubbish under the grandstand impeding drainage, which is a maintenance issue which is the responsibility of Plaintiff. Notwithstanding that there was no contractual obligation to do so, this situation has been remedied recently by Defendant. 24. Denied. After reasonable investigation, Defendant is unaware as to when alleged defects mayor may not have been noticed by Plaintiff's agents, and therefore Defendant can neither admit nor deny the truth of the averments in paragraph 24. 25. Admitted in part and denied in part. It is admitted that Plaintiff discussed concerns over alleged problems with the grandstand with Defendant. It is denied that such contacts constituted "repeated efforts to gain Defendant's cooperation," or that Defendant has ever refused same. To the contrary, Defendant has cooperated with Plaintiff, and has rell).edied certain portions of the project that Plaintiff requested. Specifically, Defendant has remedied the dampness in the interior vendor space, and has remedied the cracks in the masonry walls. By way of further answer, Defendant is still investigating the condition of the structural steel to determine: (I) whether the condition of the steel is unusual given that the owner only chose to have a primer coat applied, and (2) the exact cause of the peeling and rusting. Defendant has undertaken this investigation and the remedial work, not as an admission of its contractual {A219673.DOC;1} 5 . .-. ~ ,~~ ..,_"n.,;"," ,-,--",..,,,""> '-"I",,,,,,, responsibility to remedy any alleged defects, but rather part as an ongoing effort to satisfy a customer. 26. Admitted in part and denied in part. It is admitted that Mr. Mowery and Mr. Detrick had several conversations regarding the Carlisle Fairgrounds Project, and that Mr. Mowery stated to Mr. Detrick that R. S. Mowery would correct any problems for which it was responsible. In fact, Mowery has remedied problems notwithstanding no clear contractual obligation to do so. By way of further answer, paragraph 25 above is hereby incorporated by reference. 27. Denied. It is specifically denied that Defendant has failed to remedy conditions which need to be repaired. To the contrary, Defendant has done so. By way of further answer, paragraphs 25-26 above are incorporated by reference. 28. Denied. It is specifically denied that Plaintiff's agents have "repeatedly communicated" dissatisfaction to the Defendant, and it is further denied that Derfendant has failed to remedy any problem for which it was responsible. To the contrary, Defendant has done so. By way of further answer, paragraphs 25-26 above are hereby incorporated by reference. 29. Admitted in part and denied in part. By way of further answer, paragraph 25 above is incorporated by reference. 30. Denied. After reasonable investigation, answering Defendant is without knowledge as to what Plaintiff may have relied upon for resorting to court action to either admit or deny the averments of paragraph 30. Accordingly, the same are denied. COUNT I LIABILITY UNDER CONTRACT THEORY {A219673.DOC;1} 6 .-.~ .- ~", ~~- '" - '''''.'- ,,,.,'-~_~-_ ~~~""=-.-,..-,, c~-,."'. ~ - 31. Paragraphs 1-30 above are hereby incorporated by reference as if fully set forth. 32. Admitted in part and denied in part. It is admitted that the contract between Plaintiff and Defendant contained various requirements and specifications, including Article 2 and Article 3. Such documents, being writings, speak for themselves, and therefore Plaintiffs characterizations of same are denied. It is specifically denied that the Defendant is described as the "Architect" for the project. To the contrary, Section 16.3 of the contract makes "Architect" a defined term, and describes when the term, as used in the contract, refers to R. .S. MowelJ' & Sons and when it refers to the owner. This was done for ease of reference in the contract documents; however, in the common usage in the industry, Mowery was never the "Architect" for the proj ect, but rather was the engineer and general contractor. 33. Admitted in part and denied in part. It is admitted that the Specifications to the contract form an integral part of the contract itself, and that said Specifications, with the exception of the project plans, were attached to the Complaint. It is further admitted that the Specifications include Specification No. 07000 and 09040. By way of further answer, said Specifications, being writings, speak for themselves, and Plaintiff s characterizations of same are therefore denied. 34. Denied. It is specifically denied that there were "defects" in the completion of the project, or that there were any breaches of contract by the Defendant which have not already been remedied. By way of further answer, the subparagraphs in paragraph 34 are responded to as follows: (a) Denied. By way of further answer, paragraph 25 above is hereby incorporated by reference. By way of further answer, it is denied that any product was {A219673.DOC;1} 7 - ~ , . co" ._ . ,,__ ~~ ",--',,- __ 'I . -~'''>_' ' , "defective." (b) Denied. By way of further answer, paragraph 23-25 above are hereby incorporated by reference. (c) Denied. By way of further answer, paragraphs 23-25 above are hereby incorporated by reference. (d) Denied. By way of further answer, paragraphs 23-25 above are hereby incorporated by reference. 35. Denied. It is specifically denied that "defective conditions" exist, and it is further denied that Plaintiff has been prevented from offering any activities to the public. It is further denied that the activities offered by Plaintiff are of a lesser quality expected by customers and invitees, and that vendors have been required to occupy a space which is either inadequate or unhealthy. It is further denied that anyone views the conditions at the Fairgrounds as substandard for any reason. Indeed, to the best of Defendant's knowledge, none of Plaintiff s operations have been impacted in any manner whatsoever. WHEREFORE, Defendant respectfully requests This Honorable Court to dismiss Plaintiffs Complaint and enter judgment in favor of Defendant. COUNT II EXPRESS WARRANTY 36. Paragraphs 1-35 above are incorporated by reference. 37. Denied. Paragraph 37 avers conclusions of law to which no response is required. To the extent a response is deemed necessary, the same are denied. 38. Denied. After reasonable investigation, Defendant is without knowledge as to {A219673.DOC;1} 8 . , " "', .~.. . '-" what Plaintiff may have relied upon at any stage, and therefore does not have information sufficient to form a belief as to the truth of paragraph 38, and consequently the same is denied. 39. Denied. Paragraph 39 avers conclusions of law to which no response is required. To the extent a response is deemed necessary, said averments are denied. By way of further answer, paragraphs 1-38 above are incorporated by reference. WHEREFORE, Defendant respectfully requests This Honorable Court to dismiss Plaintiffs Complaint and enter judgment in favor of Defendant. COUNT III INMPLIED WARRANTY AND IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS 40. Paragraphs 1-39 above are incorporated by reference. 41. Denied. Paragraph 41 avers conclusions of law to which no response is required. To the extent a response is deemed necessary, the contract, being a writing, speaks for itself, and is hereby incorporated by reference. Plaintiff s characterizations of the contract provisions are specifically denied. 42. Denied. After reasonable investigation Defendant is unaware as to what Plaintiff mayor may not have relied upon when entering into the contract, and therefore, it is without knowledge or information sufficient to form a belief as to the truth of paragraph 42, and consequently the same is denied. 43. Denied. Paragraph 43 avers conclusions oflaw to which no response is required, and accordingly the same is denied. To the extent a response is deemed necessary, paragraphs 1- 42 above are hereby incorporated by reference. By way of further answer, Defendant completed {A219673.DOC;1} 9 -,.~"'-"- - -, '-~,- - -'~ " .'"do-;' , . " , the project in a good and workmanlike manner, and conformed to all industry and trade standards. 44. Denied. It is specifically denied that the goods and services provided by Defendant were deficient or defective, or that any such goods or services constituted a breach of any implied warranty. By way of further answer, the remaining averments of paragraph 44 constitute conclusions oflaw to which no response is required. To the extent a response is deemed necessary, subparagraphs 44(a) through 44(e) are responded to as follows: (a) Admitted in part and denied in part. It is admitted that the intended purpose of the contract was known to both parties, as the contract documents spelled out this intent. To the extent paragraph 44(a) avers that the intent ofthe contract documents was anything beyond what was specified, said averments are specifically denied. By way of further answer, paragraph 44(a) is unclear as to the meaning of the terms "high quality grandstand", "strongly built", "attractive appearance", and a long "life line." Accordingly, said averments are denied. (b) Denied. After reasonable investigation, Defendant is without sufficient knowledge as to what Plaintiff mayor may not have relied upon to form a belief as to the truth of paragraph 44(b), and accordingly, the same is denied. (c) Denied. By way of further answer, paragraph 44(b) is incorporated by reference. (d) Denied. Paragraph 44( d) avers conclusions of law to which no response is required. To the extent a response is deemed necessary, the goods and services provided by Defendant would pass without objection in the trade industry. {A219673.DOC;1} 10 .~ --.. "-''','~', . "".- - '~. --- ~'='" ,-, ,,' ,,' .'-';--. '''''' ~-" ;,- .~',.., "'.~ ',1-. _,~<,~ --.--' , " . " (e) Denied. Paragraph 44( e) avers a conclusion of law to which no response is required. To the extent a response is deemed necessary, it is denied that the work provided by Defendant was not fit for the ordinary purpose for which it was intended. To the contrary, Plaintiff has used the grandstand since completion of construction. WHEREFORE, Defendant respectfully requests This Honorable Court to dismiss Plaintiff's Complaint and enter judgment in favor of Defendant. NEW MATTER 45. Pursuant to the agreement between Plaintiff and Defendant, only portions 'ofthe structure were to be painted, as described in Specification 09040, including, inter alia, the exposed new building columns. 46. The contract between Plaintiff and Defendant also described specific exclusions, which were items excluded from the scope of Mowery's proposal, but could and would be provided at the request of the owner. 47. Included among the "exclusions" described in the contract was Item 8, "Painting of Structural Steel and Deck." 48. Thus, as a result of the contract exclusion, the vast majority of the structural steel on the project was installed with a primer coat, and was not field painted. 49. Upon information and belief, Plaintiff decided not to have all of the structural steel field painted either as a result of an insufficient budget for same, or as a result of concerns over the timing of project completion (i.e., the desire to have the grandstand constructed in a very short period of time in order to have it open for the 1996 season). {A219673.DOC;1 } 11 .-,1- ~- .:. , . . I . . ,. t 50. Upon information and belief, Plaintiff performed no follow-up work and entered into no contracts to have the remaining portions of the structural steel of the grandstand field painted. 51. Upon information and belief, Plaintiff performed no regular touch-up or maintenance to the structural steel on said grandstand. 52. To the extent the structural steel of the grandstand is currently exhibiting rusting or the other conditions described in Plaintiff's Complaint, such conditions are not beyond what would be expected in the industry when structural steel with only a primer coat applied is exposed to the elements for several years. 53. To the extent it is ultimately determined that the present condition ofthe structural steel may be a condition which is below industry standards, such condition is a result of Plaintiff's actions as described above. 53. Mowery performed its work in a workmanlike manner on the project. 54. To the extent Plaintiffs Complaint purports to raise a claim for breach of warranty, either express or implied, Plaintiff's Complaint fails to state a cause of action for which relief can be granted to the extent such warranty claims extend beyond Plaintiff's contractual obligations. 55, Some or all of Plaintiffs claims are barred by the defense of accord and satisfaction. 56. Plaintiff's claims for corrective work already performed are barred inasmuch as any alleged breach of contract for same has been cured. {A219673.DOC;1} 12 - ~., -- , ~ '. -. 0 _,,~,- -",.~. ",12,-,-,_ , I' . ~ It. ) ,. :l WHEREFORE, Defendant respectfully requests This Honorable Court to dismiss Plaintiff's Complaint and enter judgment in favor of Defendant. Respectfully submitted, By Attorneys for Defendant, R. S. Mowery & Sons, Inc. Dated: January 8,2001 {A219673.DOC;1 } 13 ... J' . . . 'j , , 'I it ., VERIFICATION Subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities, I hereby certify that I am Donald H. Mowery, President ofR. S. Mowery & Sons, Inc., and that the facts set forth in the foregoing document are true and correct to the best of my information and belief. fV~>q- Donald H. wery /" Dated: ,., iw~;/", _, j;','i- " ' . .. ... . 'j: , ~ " .. .. CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date a true and correct copy of the foregoing document was served by regular, fIrst class U.S. Mail, postage prepaid upon the following: Samuel W. Milkes, Esquire Jacobsen & Milkes 52 East High Street Carlisle, PA 17013 James W. Dated: January 8, 2001 {A219673.DOC;1} 14 f-,-: <""''? e-: "i:: 7 ~~.c1." ;:->:;j'; ,', _-'I , , 'J) , ,_."::.-'" '. i!"Ll ~~ ::} ~--:_:~ () MCNEES, WALLACE & NURICK 100 PINE STREET P. O. BOX llf;if;i HARRISBURG, PA 17108 " - '~,-,-,-.~' , , i ,'or', _'l ~ . . CARLISLE PRODUCTIONS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. R.S. MOWERY AND SONS, INC., : NO. 2000 - 786 Defendant v. : CIVIL ACTION - LAW GULF STATES MANUFACTURERS, INC., Additional Defendant: JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT TO: Prothonotary Please issue a writ of summons to join GULF STATES MANUFACTURERS, INC., 101 Airport Road, Starkville, MS 39759, as an Additional Defendant in the above-captioned action. Writ of Summons shall be issued and forwarded to (x ) Attorney ( ) Sheriff McNEES, WALLACE & NURICK Date: January 8, 2001 By--t~jlt Atty LD. No. 47245 100 Pine Street P.O. Box 1166 Harrisburg, P A 171 08 (717)232-8000 Attorneys for Defendant ~~~ . ~ ' 'I' , l," <._, ",' . . t . CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing docwnent was served by regular, first-class U.S. Mail, postage prepaid, upon the following: Samuel W. Milkes, Esquire Jacobsen & Milkes 52 East High Street Carlisle, P A 17013 Date: January 8, 2001 ~~~1Y- .-.', , I" I I I , [, ~ , f .,r; .,... t~l:' ..... C": >- L._ 3~ ..~):~" "'" ~,~) ::::J '"7~>- '""'Cr) 7 7 rLl ,:::1- CJ ~;-i C1"\ (:.) MCNEES, WALLACE & NURICK 100 PINE STREET P. O. BOX 1166 HARRISBURG, PA 17108 \----' ,.,. Cumberland County, ss: The Commonwealth of Pennsylvania to Gulf states Manufacturers. Inc. (Name of AddiJtiona:1 Defendant) You are notified that R.S. Mowery and Sons. Inc. (Name (~) of Defendant (s) has (have) joined you as an additional defendant in this ~ction, which you are re- quired to defend. (SEAL) Curtis R. rDnq IIroth<mota1)' .By ~40~ O. {} ~//~~ , Deputy Date January 9, 2001 , y~ Gulf States Manufacturers, Inc. 101 Airport Road Starkville, MS 39759 ~~"'d' " '~-..~......."""""..;;, Ii " , Ii :: :! , >I Ii 'I if I' Ii ! ': ~ I ( H-...J~I-d~C-l ~ >-' @ ~ . >-' . o~ 0 0-.1'100 >-' >-' . I t1 . t:l~ Hl 0 "'f-"&'1jUl i:;'. 0 "#= VJ U1 \--i- ~~ (J) I "'O"><~:;; f-'- ~ rt >-' -.I "'I~ . tsl-1 ~ ro 00 -.100 >-' en ",0 >-'U1::>-: ro 'd ~ 0" O'H.t ~ 2:1-1 rt Ul '1 ("l UlO O'\~rt f-'. ~ ~.:" >0 tJi [ ~ g <: f-'- rt t""'...... ~ >-' >-' t:<J LV rt ~ -.I Jl 00 '-" Hl f-'. >-' ;.-~ ~ g 0 t"i.... 00 ~z ....'-" 8" Ul I e. ~~ ::. '1 j !l ro H '1 5 ~~ !. Ul - . ;.- 0 H , - ~ ~ t ::s r s- o 3 .... . ~ al .. c , n M ..-:;c, ,: "" '''- c,' ,- ,~ ',,' - ~ >",';,r. ,- -~ '- . ,J;,--, -;. .~" .. "'" ~i CARLISLE PRODUCTIONS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. R.S. MOWERY AND SONS, INC., Defendant : NO. 2000 - 786 v. : CIVIL ACTION - LAW GULF STATES MANUFACTURERS, INC., Additional Defendant : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN Charmaine Y. O'Hara, being duly sworn according to law, deposes and says: She is an adult employed as a paralegal with McNees, Wallace & Nurick, attorneys for Defendant in the above-captioned action. Pursuant to Pa.R.Civ.P. No. 402(a), she served a Writ of Summons upon the Additional Defendant at 101 Airport Road, Starkville, MS 39759, by certified mail, return receipt requested. Said Return Receipt is attached hereto, evidencing a date of delivery of January 16, 2001. Sworn to and subscribed before me this OJ a"''' day ofJanuary,2001 ~~ ~~h Hl.. ~ NOTARIAL SEAL ANGELA M. ALONZO, Notary Public Harrisburg, PA Dauphin County My Commission expires Oct. 26, 2004 . . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print ypur name and address on the reverse ~~.so thaJ.we can return the card to you. \ Attat$~his card to the back of the mail piece, i"'- :,;q!Jpn't.be.front if space permits. \' ~Hi61{~sed to: b4~~~~IIlvc. (0 I' A-i"fN-- Qo~ ,,'fA ~" . ~ S~M~lltl !'r\S 3115'j delivery address different from item 1? If YES, enter delivery address below: o Agent o Addressee DYes o No o Express Mail D-Return Receipt for M,erchandise o C.O.D. DYes , \ ~ \ '. \ -;;-~ 102595-00-M-q_ " --- -,- "" "'. ,;;..'0:;';i;'"-'~''',_;,,'' ,__"-,;-. ~ "",-,; ",-",,_, ;.da-~' , , , . CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy ofthe foregoing Affidavit was served by regular, first-class U.S. Mail, postage prepaid, upon the following: Samuel W. Milkes, Esquire Jacobsen & Milkes 52 East High Street Carlisle, P A 17013 Date: January 22,2001 ~~(~ ~-" "-_0" '-I, ',i II II I, ii II II ~-' ",~'...'",d'4<' .,",~.. "0 ,u",. "1 , ' o c :<:. -uro mrn Z:D ZC ~Z ~CJ ~g Z ~ ~"- >~" 'v-, _ ~~ ~-J c "', ~c i,- {-<' c .;\ (J\ '~)(:. ~~~~ ,-n ~~ ~ "' .. . -- -___c.'_ .--,v,.,~""/_-_,,,_ o,-,,:~ - ,f -;i-~h\--~ - ::';<:":"'-_'_1 - :",-<~-,s"-'_' CARLISLE PRODUCTIONS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 2000-786 RS. MOWERY AND SONS, INC., Defendant JURY TRIAL DEMANDED CIVIL TERM PLAINTIFF'S REPLY TO NEW MATTER COMES NOW, the Plaintiff, by its attorney, Samuel W. Milkes, Jacobsen & Milkes, and offers the following Reply to the New Matter set forth in Defendant's Answer and New Matter: 45. Denied to the extent that all surfaces were to be painted with at least a proper primer coating. Plaintiff avers that the primer coating is inadequate and violated Defendant's obligations, as set forth in Plaintiffs Complaint. Further, changed work orders and amendments to this contract occurred after its initial execution, affecting and changing a number of items from the original contract version. Defendants believe and therefore aver that there may have been changes regarding the painting ofthe grandstand structure. 46. Admitted and Denied. The contract sets forth exclusions, but see reply to paragraph 45. 47. Admitted and Denied. Although there was such an exclusion set forth, see reply to paragraphs 45 and 46. Also, there is an inherent conflict between Defendant's assertions set forth in paragraph 45 and this paragraph, , ~ , - " '"'''' . ~ -<, i,,' -~-, 1,.;,:;';,- -, :, 'I II " ii which should be interpreted to require the painting of the steel structure at issue in this case. 48. Admitted and Denied. See reply to paragraphs 45 - 47. By way of further response, there was not a proper primer coat applied, nor was the steel supplied or installed according to standards for such a product. By way of further response, even if this averment were true, Defendant failed to properly advise Plaintiff with regard to the painting of surfaces and this failure to advise, when Plaintiff relied upon Defendant's expertise, was the cause of any consequential damage to the structure. 49. Denied, for the reasons set forth in paragraphs 45 - 48. 50. Denied. Portions of the steel surfaces have been painted on varlOUS occasions and this has proven unsuccessful due to the defective nature of the primer coat and/or the steel itself. Further, the problems with this steel began to be present immediately after Defendant's completion of this project, affecting Plaintiffs ability to perform any follow-up work. 51. Denied, as set forth above. 52. Denied, especially in light of the fact that this defective condition occurred very shortly after the construction of the grandstand and complaints were made to the Defendant and its agent not long after the construction. 53. Denied, as set forth above. Further, the question of whether the steel product met industry standards involves its condition at the time of supply of the product so that the occurrence of any events thereafter only help to demonstrate whether industry standards were initially met. =' " ,~,..--, , '" - -~ .,.-<-- .;:-;I--"-~j,:;,,-,-~--: ~--'s: 54. Denied, for the reasons set forth above and for the reasons set forth in Plaintiffs Complaint. 55. Denied. While Defendant has on occasion performed work in an attempt to remedy the problems set forth in Plaintiffs Complaint, there has never been agreement, or even discussion about an exchange whereby certain work would be performed or money paid in exchange for anything. Further, this paragraph sets forth a conclusion of law, with no factual basis presented, and therefore no answer is required, nor is the pleading legally sufficient to present such an affirmative defense. 56. Denied that any breach has been cured. WHEREFORE, for the reasons set forth above, Plaintiff respectfully requests that judgment be entered in its favor and that the Defendant's requests for relief be denied. Respectfull~. ~&>mitted, .......//~ ./7 / ~_~.'- /' ~/A</ ~ /' ~/ // /~ /.. / ~// ./ ./ ......-:' J<<, BY: Samuel W. Milkes JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 .~ .--'C'e'; ~"> , ,.', '--' -~,' " ,-;,~ ,'~' ,;;:,;:--: .~.'i.c.;J',:;;:~,;:,:'.' VERIFICATION I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: \\:zt )01 Jo Kutsch, CEO and President of Plaintiff ,'"., c,. ,'~" ,.",";c,..,",., ,.,',k,', . , ,"'" ",,,--,[, ", (") C) 0 c: " ~ '- .'--1 ,,lee; ~ ;;il~ 111"." .~ - 2,:0 N 3iz {?i~ \-0 -<;is.: ~"I...') "V ;r~ =Fi ~-. ::z:: Z("') C?c) ., am pC r;;> ~ -.j ~ ~.) ~ <::> '1 , ~- : I~'~;- ::.- v-:~-~->l I ~ CARLISLE PRODUCTIONS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. CIVIL ACTION -- LAW NO. 2000-786 R. S. MOWREY AND SONS, INC. DEFENDANT CIVIL TERM t:RR'I'Tl<mA'I'R nl< ~RR'nc~ I, Shelley Eichelberger, hereby certify that a certified copy ofthe Plaintiffs Reply to New Matter, in the above captioned matter, was duly served to counsel for the Defendant, James W. Kutz, Esq. by depositing it in the U.s. Mail, postage paid, on January 29,2001, addressed as follows: James W. Kutz, Esq. McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17101 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: tlJ9/ol . )Z),~ ~~<c, Shelley Ei e:lberger ;,,'-- . .' ...'0' .;.;:,.v;;;"..<,""""':i;i;:.;..;....;....., . ".' ',---,': .;....i.;;.i.;.<..,:~"..:;, ":"';,...".i'"... , ,,",,,;"'" p "'" _.S ,ucti rtJr-.: ",-'" -,0-' , "",['; OJ.Jo.. ~<. ~Ci ;?;CQ :;.;; i ~ ~ ."," ,..;.... ..'. .. "1 J"-' CJ -- ~-/ -" r-"'l ~ 'i~ :--: ?1 ':-1 ! 5?~] ~;ft1- ,:;;! -D -<: 1\0 -. :.n 00