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8. Plaintiff proceoded to perform services and incur out-of-
pocket expenses on behalf of the Defendant with respect to the
Project.
9. Plaintiff kept accurate records of the time spent and the
out-of-pocket expenses incurred by him in performance of his work on
behalf of the Defendant with respect to Project.
10.
of-pocket
behalf of
summaries
Plaintiff accurately summarized the time spent and the out-
expenses incurred by him in the performance of his work on
Defendant with respect to the Project and submitted those
to the Defendant in the form of periodJ.c invoices.
11. Attached hereto as Exhibit A are true and correct copies of
the invoices submitted by Plaintiff to Def.endant.
12. Plaintiff completed his work for the Defendant on the
project by the end of November 1996, and he has performed no work
since that date for the Defendant with respect to the Project.
13. The total amount invoiced by Plaintiff to Dofendant for
Plaintiff's work and expenses in connection with the project was
$51,498.20. Two corrective reductio~s in this amount have been made
by Plai.ntiff, one in the amount of $489.26 and one in the amount of
$4.75 leaving a corrected invoice total of $51,001.19.
14. The total amount due to the Plaintiff for his work and the
reimbursement of his expenses with respect to the Project was
$51,004.19. Of this amount, Defendant has paid or caused to be paid to
Plaintiff the total sum of $41,593.70 through February 13, 1997.
15. The sum of $9,410.49 remains due and owing from the
Defendant to the Plaintiff.
16. Despite repeated demands by Plaintiff for payment of the
amount due and owing by the Defendant, Defendant has without cause or
justification refused to make payment to Plaintiff.
17. Defendant has no reasonable basis upon which to refuse
payment to Plaintiff, and Defendant's conduct in failing to make
payment and requiring Plaintiff to commence suit to recover payment is
arbitrary, vexatious and in bad faith.
18.
cost.s and
estimated
Plaintiff will incur reasonable attorney's fees and other
expenses in the prosecution of this claim in an amount
to be $3,000.00.
19. Defendant is therefore indebted to IPlaintiff in the total
amount of $12,410.49.
C'l WOllK'.MISC\OO12N11lo WPD
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C~~~TY OF CUMBERLAND
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CE llFIED
MAIL
P 367 519 666
COUNTY OF CUMBERLAND
Office of Th~ Sherm
1 Courthouse Square
Carlisle. Pennsylvania 17013
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McCorma MaterIals ~ t" 'ct () I-I
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Upper .lIe, A ~ llIIurned . -
RETURN REGElPl R[UUESU~
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2 It is hereby stipulated by and between counsel for
3 the respective parties that reading, signing, sealing and
4 filing are waived and that all objections, except as to
5 the form of the question, are reserved until the time of
6 trial.
7 LUTH.R N. AMOS. JR.. called aa a witness, having
8 been duly sworn, was examined and testified as follows:
9 DIR.CT .XAMINATION
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69.
00 people normally call you Luke?
Yes.
All right. Where do you reside?
One Royal Oak Circle, Camp Hill, psnnsylvania
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2 A
3 Q
4 A
5 Q
6 A
7 Q
8 company?
9 A
10 Q
11 A
4
Correct.
How long have you resided at that address?
Since 1971.
Are you currently employed by someone else?
No.
A~e you retired from employment by some other
Yes.
Is that other company L.B. smith?
Correct.
12 Q How long -- when did you retire from L.B. Smith?
13 A January 1, 1994.
14 Q And when you retired, what was your position
15 immediately before retiring at L.B. Smith?
16 A Chief engineer.
17 Q How long had you been chief engineer?
18 A I believe it was 25 years.
19 Q And as r.hief engineer, where -- where at L.B.
20 Smith's facilities did you work?
21 A Along the -- at 2001 State Road, camp Hill.
22 Q Pennsylvania?
23 A Pennsylvania.
24 Q Also in Cumberland County?
25 A Correct.
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A Yes.
Q The matter that has given rise to this
litigation involves what I refer to as a project for
simplicity located in New BrunswiCk, Canada; is that
correct?
A That is correct.
Q What was the nature of that project?
A The nature of that project was to obtain course
sand to ship to Brooklyn, New York to mix with fine sand
coming off a dredge that was working off of Marcus Hook,
New Jersey.
Q When was it that you first became involved in
this project? And by involved, I mean asked to do work
for compensation with respect to this project?
A In April of 1996.
Q Where were you when you first became involved in
this project?
A At my residence in Camp Hill.
Q And what happened to get you involved in this
project?
A A Randy Waterman of McCormack Materials called
me and said he needed help in solving a problem whereby a
friend of his --
Q Let's stop there. It's not -- I'll let Mr.
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1 er ques e
2 don't need to get into that much detail.
3 A He asked me to solve problems for him and
4 recommend equipment for this project.
5 Q And how did you respond to that?
6 A ~nd I said I'd be glad to, Randy. I get $50 an
7 hour plus expenses.
8 Q And did Mr. Waterman explain to you where the
9 project was located?
10 A Yes, he did explain that it would eventually be
11 in New Brunswick, Canada but he wanted me to go to
12 Monroeville, Kentucky to straighten out a bunch of used
13 equipment people there and look at other used equipment.
14 Q And was that work for related to equipment
15 for the project
16 A Yes.
17 Q -- in New Brunswick?
18 A Yes.
19 Q Did you continue to perform work pursuant to
20 this request from Mr. Waterman?
21 A Yes.
22 Q And was all of that work related to this project
23 in New Brunswick?
24 A Yes.
25 Q Was any of that work done here in Camp Hill?
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3 Hill?
4 A Making contact$ with used equipment dealers so I
5 could go look at the equipment for one thing. Checking
6 designs of equipment that these people in Monroeville,
7 Kentucky were building from used equipment and designing a
8 sand and gravel plant for New Brunswick.
9 Q Did -- in the course of doing that work in Camp
10 Hill, did you have additional conversations with Mr.
11 Waterman?
12 A Continually.
13 Q And those werJ telephone conversations I assume
14 or personal conversations?
A Telephone conversations and faxes back and
forth. When I couldn't get him on the phone, I'd send him
, yes.
And what kind of work was done here in Camp
a fax.
Q When you went to work on this project for Mr.
Waterman, did you -- how was it that you were going to be
paid? And by that I mean what was the mechanism by which
you were going to be paid?
A I would just send him an invoice and he would
send me a check.
Q Okay. And did you send him invoices __
A Yes.
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e course 0
2 A Yes, throughout '96.
3 Q When did you stop working on this project? Was
4 it still 1996?
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A The end of 1996, yes.
Q So from the period from April to the end of
1996, approximately how many invoices did you send to Mr.
Waterman?
A
Q
A
Q
probably twelve.
And did you receive payments on those invoices?
I received payments on eleven of them.
And the payments -- where did you receive those
payments?
A
Q
A
At my residence in Camp Hill, pennsylvania.
And they were in the form of a check from --
Correct.
17 Q Is it correct to say that you spent a
18 significant amount of time in the summer of 1996 in New
19 Brunswick?
20 A Yes, I had six trips over to New Brunswick.
21 Q And that was all related to this project we've
22 been talking about; is that correct?
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A That's correct.
Q Now, the invoices that were sent during that
period -- strike that. While you were working on the
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, were you v ng
in that area or were you living at your residence in Camp
Hill?
A No, I was staying at my summer place at the lake
in Maine.
Q Okay. And with respect to the invoices that you
sent for your work during that period of time, did you
send those invoices from Maine or New Brunswick or some
other location?
A No, they all originated from Camp Hill,
pennsylvania. I would fax my wife who was at my residence
a handwritten copy of the invoice. She'd type it and mail
it from Camp Hill to Virginia.
Q Did you know Mr. Waterman before he contacted
you in April of 1996?
A very definitely.
Q Did you know of the name McCormack Materials
before April of 1996?
A Yes.
Q How is it that you knew of those; Mr. Waterman
and the name McCorma~k Materials?
A We did business with McCormack Materials I would
say for 20 years prior to my retirement.
Q And when you say we did business, you're
referring to L,B. Smith?
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1 es.
2 Q And was that business done at the location in
3 Camp Hill where you worked?
4 A Yes.
5 Q Now, what kind of business is L.B. Smith in,
6 just briefly?
7 A They are designers and suppliers of quarry
8 equipment, sand and gravel plants, material handling
9 systems.
10 Q And your involvement with Mr. Waterman and
11 McCormack Materials during your time at L.B. Smith hud to
12 do with the purchase of that kind of equipment?
13 A That is correct.
14 Q Was your involvement while at L.B. Smith related
15 to just a single project?
16 A No, they were ongoing projects. Randy Waterman
17 always had something cooking some place.
18 Q In the time from 1990 until you retired in 1994,
1~ can you recall how many different projects?
20 A Well, there was at least one or two.
21 Q And in the time of the 1980's were you working
22 on any projects at L.B. Smith which involved Mr. Waterman
23 and McCormack Materials?
24 A There might have been four or five in that
25 period,
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er you
ave
2 any reason to believe that Mr. Waterman and McCormack
3 Materials continued to have a business relationship with
4 L.B. Smith?
5
A
very definitely because McCormack Materials sent
6 a letter to Ned Woolford, W-o-o-l-f-o-r-d, at L.B. Smith
7 about a complicated plant that he was thinking about
8 putting in Quebec. And because I had done so much work at
9 L.B. Smith, they sent me the letter and asked me to figure
10 out the plant to do it.
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MR. VAUGHN:
Do you want to mark that as Exhibit A?
(Plaintiff's Bxhibit A was produced and marked
for identification.)
14 BY MR. VAUGHN:
15
Q
I'm showing you what's been marked as Bxhibit A.
16 Can you identify this for us?
17 A
18 Q
19 A
20 about.
21 Q
22 letter?
23 A
Yes, that is a letter that I just spoke about.
This is a copy of the letter?
Yes, that's a copy of the letter I just spoke
Is this a true and correct copy of a three-page
Yes. And the last statement on the letter to
24 the salesman at L.B. Smith is say hello to Luke.
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Q
There are handwritten notes on this letter. Are
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lose some 0 ose your no es
2 A Some are my notes and some are by Ned Woolford
3 notes to me about the letter.
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10 A
11 noon.
0 And the date of thh letter is?
A January 31, 1996.
0 Did you receive the letter shortly after that?
A The fax date is February 2nd, '96.
Q Do you continue to be in contact with the people
at L.B. Smith that you worked with before?
Yes, I just had lunch with Ned Woolford this
12 0 And you did do - - strike that. Is it correct
13 that you did supply to L.B. Smith information about this
14 letter and the plant that Mr. Waterman was trying to have
15 constructed?
16 A Yes.
17 0 Do you know whether or not that plant was
18 constructed?
.,
19
A
NO.
20 Q No, you don't know?
21 A I know it was not constructed because it turned
22 out he had to build a railroad to gst it from the deposit
23 to the ocean for ocean freight. And it turned out to be
24 too expensive.
25 0 In our -- strike that. In the complaint which
-'
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13
)
1 was e company
2 Trappe Hill Holdings, Incorporated having an office or
3 business location in Upperville, Virginia on willisville
4 Road. Do you know what is located at Willisville Road?
5 In other words, is there a sand and gravel plant there?
6 Is there a factory?
7 A I've never been there but I've been told from
8 Randy Waterman's direct associates that is his home. And
9 there are not are or is there are not any sand and
10 gravel plants in that area or on his property there. I've
11 also been told that he has a 40 barn horse farm there or
12 40 stall horse barn.
13 Q Off the record.
14 (Di8cu88ion off tbe record.)
15 BY MR. VAUGHN:
16 Q In your dealings with McCormack Materials and
17 Mr. Waterman while at L.B. Smith, waa -- were all of those
18 dealings related to the same kind of business; that is
19 sar.d and gravel extraction or screening or shipping?
20 A Yes.
21 Q And do you know whether or not McCormack
22 Materials is involved in ani other business other than
23 business of that nature?
24 A I really don't know everything he's involved in.
25 Q With respe~t -- now wait -- strike that. This
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e a memory or you. ze you
have the records of L.B. Smith available to you today, do
you?
A That's correct.
Q Can you recall fairly clearly the last projects
or the last several projects that you worked on at L.B.
Smith involving Mr. Waterman and McCormack Materials?
A Yes.
Q Were you, in the course of your work, privied to
the cost or expense of those projects?
A Yes, I was.
Q Do you
A Now, they changed the name of the company at
South Amboy where the last projects were. And I'm trying
to think of what we did when it was McCormack aggregates.
At that time that was a complete sand classification plant
which probably was in the neighborhood of a half a million
dollars.
Q Was the half a million dollar figure that you
just mentioned the contract price betwesn L.B. Smith and
McCormack Materials?
A Yes.
Q And that's the last project that you worked for?
A That I worked on for McCormack Materials.
Q At L.B. Smith?
'.-...
>
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15
1 n.
2 Q Did you have the same recollection a~out the
3 project before that?
4 A The project before that was in Plainsboro, New
5 Jersey. And that came to us in bits and pieces totaling
6 maybe another half million because that had an expensive
7 crusher in it to crush the oversize gravel.
S Q Did you ever -- well, I think you already
9 testified to this. Did you ever go down to the
10 Upperville, Virginia location and have discussions about
11 this project with Mr. Waterman in Virginia?
12 A No.
13 MR. VAUGHN: I think that's all I have.
14 CROSS .XAKIRATIO~
15 BY MR. DOUGLAS:
16 Q When you're talking about this project with that
17 last question, I assume that you're talking about the one
18 that's the subject matter of this lawsuit?
19 A Yes.
20 Q Okay. What I'm going to do is walk back
21 through. You had st3ted that Randy McCormack had
22 contacted you
23 A Randy Waterman.
24 Q Excuse me, Randy Waterman. I'll turn this over.
25 Randy Waterman had contacted you at your home in Camp
,'""""
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A Correct.
Q How did he make that contact?
A By calling me on the telephone.
Q And did he tell you where he was?
A Yes, because I believe at that time I received
his home address from him.
Q Then you stated that you had some faxes and
phone calls back and forth.
A Continually.
Q Continually. And I assume at some point, you
all met together up in Canada with respect to this job?
A Yes.
Q And that was where the jOb was -- that's where
the project was being built?
A That'S correct.
Q When you say that McCormack Materials did
business with L.B. Smith in the earlisr nineties and in
the late eighties --
A Corract.
Q -- with respect to those transactions, was L.B.
Smith selling equipment to McCormack Materials?
A Yes.
Q And were any of those projects specifically,
which you recall, in Pennsylvania where this equipment was
-,
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5
6
7
A No.
Q When you say no, you don't recall or, no, none
were in pennsylvania?
A No, none were in Pennsylvania, They were all in
New Jersey.
Q Would L.B. Smith deliver the materials to New
8 Jersey?
9 A We would either contract for a hauler to deliver
10 it or the customers would get their own trucks to come in
11 and pick up the equipment.
12 Q Other than the projects in New Jersey and the
13 one project in Canada which is the subject matter of this
14 lawsuit, were there any other projects which you recall in
15 any other states?
16 A I don't remember anything outside New Jersey for
17 McCormack Materials when I was working for L.B. Smith.
18 Q Okay. With respect to working
19
A
I'm sorry, I'll have to change that because
20 there was a project that we worked on in New York for
21 McCormack Materials.
22 Q When you say we, you're talking about you and
23 your employment with L.B. Smith?
24 A That's right and the salesman that I worked
25 with.
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once aga n, you so
Materials?
A Sold equipment,
Q Equipment. DO you ever recall specifically with
respect to any of those jobs if Randy Mccormack came here
or Randy Waterman, excuse me, came here to camp Hill to
the L.B. Smith location?
A I don't ever remember him coming to camp Hill
because we would always go to the site.
Q And when you say site, you're talking about
A I'm talking about the deposit or the plant.
Q The deposit, I assume meaning sand deposit?
A Yes, sand and gravel deposit.
Q And that would have either been in New Jersey or
New York or one in Canada which involved you personally?
A Yes.
Q You said that a salesman was involved with
McCormack Materials. Would that have bsen a salesman for
L.B. Smith?
A Correct.
Q And would that salesman go to the -- would it be
his practice to go to the site, wherever this is going to
be built, and eye it up to see what needed to be done?
A That is correct. We worked as a salesmen
engineer team at L.B. Smith on projects. And he would
19
.~
1
me.
I
2 Q So I assume that someone from McCormack
3 Materials well, was Randy Waterman the person you
4 always dealt with from McCormack Materials?
5 A Yes.
6 Q I assume Randy Waterman would give a call to
7 L.B. Smith and talk to you or the salesman about where
8 some job was in New York/New Jersey?
9 A Correct.
10 Q So the best you can recollect, it was about a --
11 correct me if I'm wrong -- about a half a dozen times
12 between 1986 up until the time that you retired that Randy
13 Waterman bought equipment from L.B. Smith?
14 A It would be a lot more than that. Because Randy
15 always tried to put something in that was less than our
16 recommendation. So after it didn't work, we'd always have
17 to go back and straighten it out. So we were continually
18 working with him. And it turned out to be a lot of small
19 orders.
20 Q And these small orders would be for the jobs in
21 New Jersey or the job in New York?
22 A Correct.
23 Q And the folks at L.B. Smith would sell the
24 equipment and provide the advice on what he should buy?
25 A That is correct, make the recommendation.
.....i
22
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3 COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF DAUPHIN
I, AMY S. INTRIERI, a Notary Public duly
commissioned and qualified in and for the County of
Dauphin, Commonwealth of pennsylvania, with authority
throughout the commonwealth of pennsylvania, do hereby
certify that LUTs.a H. A~OS. JR.. who was by me duly
sworn to testify to the truth and nothing but the truth of
his knowledge touching and concerning the matters in
controversy in this cause; that he was thereupon carefully
examined upon his oath and the examination reduced to
writing under my supervision; that the deposition is a
true record of the testimony given by the witness.
I further certify that I am neither attorney nor
counsel for, nor related to or employed by any of the
parties to the action in which this deposition is taken,
and further that I am not a relative or employee of any
attorney or counsel employed by the partiss hereto or
financially interested in the action.
~
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LUTIIER N. AMOS, JR.
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717-540-0220\717-39)-5101
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LtJTIIER N. AMOS. JR.
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mill {II 5:iO outside III 17:16 8:3 8:21 9:1 remember III 17: 16
oversize III i~:7 IO:I~ 14:23 15:3 18:8
Monroeville (II 6:12 15:4 I~: II 15:16
7:6 ownlll 17:10 16:1~ 17:13 17:20 RCfortcr III 23:17
20:4 21:4 2 :23
-N- -p- projects 1111 10:16 REPRODUCTION ill
- P{II 10:19 10:22 14:5 23:22
Ni11 1:1 1:12 1:22
14:6 14:10 14:14 request III 6:2l!
2:3 3:7 3:12 p.m!11 1:17 21:11 16:24 17:12 17:14 reserved III 3:5
3:13 22:11 P.OIII
1:24 18:2~ reside ill ):23
name 141 3:17 9:17 paid 111 7:20 7:21 property II I 13:10 resided '" 43
9'21 14:13
part III 21:9 providclll IY:24 residence '41 ~,19
nature "I ~:8 5:9
13:23 parties III ):3 22:20 Public(l) I'I~ 22:7 814 ~.2 'III
Ncdlll 22:22 23:6 respect 191 ~: 15 Y:6
116 12:2
12: 10 paymonts 141 8:10 purchasc II I 10: 12 13:15 16:12 1021
nC<ld {II 8:11 8: 12 8: 13 pursuant II I 6:19 17: 18 18:~ 20: II
62 Pennsylvania (111 1:1 20: 18
needed [11 $;23 PUl(l1 19: I~
18:23 1:'7 I:I~ I: 18 respective III 33
neighborhood III 14:17 1:21 1:24 3:24 puttinllllll18 respond III 6,5
ncithcflll 22:18 4:22 423 8: 14 - reti"'lll
13:7 9:11 16:2~ 17:4 -Q- 412
neveqll 17:~ 213 22:9 retired 14' 4:7 414
new Illl ~:~ ~: 10 21: 10 qualifiedl'l 22:8 10: 18 19: 12
ll2 hll 617 people (41 III 61) quarry III 10:7 reti",ment (I I 923
02) 1.H 818
~ 20 9.1 ~'H 7:6 128 Quebccllll18 retirinllil141l
15 -l 116 17.7 pcrfOnn{l1 ol~ questions 141 61 review 1'1 2021
20 I 217 21H
IIlJGIII!S, Al.BRIOIIT, FOLTZ & NATALE
717-S40-0220\717-393-SI01
Ind~~ Pag~ .I
right - Y orklNew
LUTHER N, AMOS, JR.
Multi-Page ''''
nghtl'l .121 1724 19:2 2.121 WILLIAM III 1:22
right-hand 111 20:22 sorry 111 17: 1'1 20:1~ Trappe '41 IJ 1:9 Willisville PI III
risclll :'i:J South III 14: 14 .l: 13 l.u 13:4
Road 1'1 1.17 1:20 specifically 1'1 1~:24 trial III H within 111 5:1 23:12
4:ZI I) 4 13:4 18:4 tricdlll 1'115 witness '41 2: I
Royal III J 2.~ spelltlll 8: 17 Trindle I'll: 17 1:20 3:7 2217 23:1
~.__._---_._-_... ....._-.--- spoke 1'1 II: 17 11:19 trips III 820 Woolford III II:~
-_...~. -~_._~--- stal1l'l 13: 12 trucks III 1710 12.2 12: 10
SI41 114 22:7 start III 20: 17 true (11 11:21 2217 words III Il,\
23~ 2J:lh stateI'I ) j~ 4:21 23:13 worked 11110:3 12:9
salesman 161 11:24 statemcntlll 11:23 truthI'I 22:12 22:12 14:~ 14:23 14:24
1724 IH 17 IH: 18 states III 17:15 tryingI'I 12:14 14:14 1720 17:24 18:24
18:21 1'17 staying III '14 turn III 15:24 writing III 22:16
salesmen III 18:24 still PI 8:4 21:2 turned 1'1 12:21 12:23 wrong III 19:11
sand 1'01 5: 10 5:10 stipulated III 19: 18
7:8 108 13:5 )2 twelve III _yo
13'1 1):1'1 14:16 STIPULATIONlIlll 8:9 -
IS 12 IH I) stO(1 PI 5:25 H:3 two III HUO years 1'1 4:18 9:23
screening 111 13'19 straighten 1'1 ~: 12 type III 9: 12 York '41 5:10 17:20
seallll 23-2 19:17 18:15 19:21
scaling 1'1 J:) Street III 1:23 -U- YorkINeW(l1 19:8
see III IH:23 strike 141 8:25 12:12 undeff'l 22:16 23:22
scl1l1l 1'123 12:25 13:25 UNLESS III 23:22
selling III 10:22 subject 1'1 15: 18 17: 13 up (4) 16:12 17:11
send 161 7: 16 7:12 summcrl'l 8:18 18:23 19:12
7,23 724 8:7 9:4 Up~rvil1e 1'1 III
9:H supervision 1'1 22: 16 I :10
scntl4j H,14 9:7 23:22 used 141 6:12 6:1)
IIJ 119 suppliers (II 10:7 7:4 7:7
set III 2.1:1 SUPplYlll 12:13
several III 140 sworn III 3:8 3:16 -v-
shipl'l 510 22:12
VI'I 1:2 1:8
shipping III 13: 19 s}stemslll 10:9 Vaughn (101 1:20
shortly III 12:6 3:10 3:15 11:11
showing III 11:1\ -'1'- 11:14 13:15 15:13
significant 1'1 8:18 teamlll 18:25 20:3 21:7 21:9
signing 1113) telephone 1'1 7:13 versus (II 3:13
simplicity III 5:5 7:15 16:4 Virginia (41 9:13
singlclIl 10: 15 tcstlll 14:1 13:3 15:10 15: II
site 141 'II 18:9 tcstified 1'1 3:8 -w-
1810 1822 15:9
SIX (II H2O testify III 22: 12 W-o-o.J-f-o-r-d"111:6
small PI 19,18 19:20 testimony III 22: 17 waitlll 13:2\
Smith 1411 410 4:12 Thank III 20:11 waived (II ):4
41\ 9:2~ H!:5 thereupon III 22:14 walk(l) 15:20
10:11 10: 14 10:22 thinking (II 11:7 wantS(11 6:1
III 114 11:6 three-page III 11:21 Waterman ("I
11:'1 11:24 12:9 \:22
12:1) I): 17 142 through III 1521 6:8 6:20 7: II
147 1420 14:2\ throughout 1'1 H.2 '1:19 8:8 9:14
15.1 161H 1622 2210 9:20 10:10 10:16
177 1717 17:23 Thursday III 10:22 11:2 12:14
1'16 13: 17 14:7 (\: II
I H7 IH 1'1 18.2\ timcslll
19'7 1'11.\ 1'):2) 19: II 15:23 15:24 1\:15
2f): 12 If): 15 20: 16 today 111 3 14 142 IH6 19:3 19:6
20: IR 20.21 2023 together (II 1612 1'1:13 20:6 20:19
211 21 j 216 toolll 1224 Waterman's III 13:8
Smith'sPI 4,20 totalingl'l I~~ West(11 1:2)
~oldl'l I H I I H J touching (II l21J when:by (I( ~:23
solve II( <I 1 trading 1" I 4 I If) whereof (II 231
solving(ll \ 21 transactions (II I^ 21 wherever II( 1812
someone 1'1 4 5 transcript 111 2.111 wife(ll 'III
--
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Ind.,x I Jgc -I
IItJ(lllllS. AtBRIOUT. FOtTI. &: NATALE
717-540-0220\717-39)-5101
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f;CM ..S, SMIT~, I~(,
M, Ned Woollard
JanuI'Y 31,1_
PlUta.
~ lOp dec:1\ (318') '/Will Mplnle grlftl to be MIlIlO . ~o"erle <:on. 0' Imp.Qt ol\l.hlt,
It IPP'1I'1I .pp,oxlmllt.ly 15 to :Z~% I. . ""lOnabl. 'xpedltlon to, volUll" on thl. dec:k,
Very lillll of th. ~ /MI.nel il +2', Plrnlll" grizzly Wi" be r1IqulreO on \he leed
hoPPer delMncllng on till cnJIfIer'1 ability,
Thl120 to 200 TPI-I ~..ed on 800 TPH 01 -318' gr'l~" '/WIH b. crII.i'lod to -1/.' and
hopefully (depenc1iJ1g &, <:tuaher .tliciltllcy) ,101 re-Qreulated. but n1lher put on I 'lint
mil<' .lKker,
The ..eood deck will be 1/4' and filed a .1acl<in9 ecnwyor capabl. of stoc~lh/1g 10,000
tel"', Thj. product will repealnt bIlW,",n 7 and , 0% of the total matenal,
fit
The Ihird dICk wlil be ,d..lly 30 mesh, hO'MlWr, a coa,..... ,.pa'a~on I. pO$llble (Le, 20
rne.h) if nlCllIaIY Thil is thl cntic:aJ MIl,ratton .nd also I~. de<;lo; with the grl.lMt
volume (80 to 80% 01 tn. tollll product). 'l'hl. malln" ("g/'lt mile") will be 101,*, by the
CNlh.r production and ltQd(piled, II it .xpected Ipproximlltely 20 to 30~ 01 the totl'
product WIll be mlln,-n.Q on Ihll d.ck Somo OVlrr<d. could b. tolerllled (5%). P1e_
'1I1Iz. \I'll! Ihe 'grtt mix' '1Idl.t ,tacker wrth the add..d CfVOIhur produc!lon could ~rTY
eo% of our total produc1Jon (II 800 TPHl400 TPH), We will nlld the ability 10 .101:1<01110
40.000 ton, /'"' A/7LY X t.{).~ 'Ii) ~)( ~t')
TNI .Ind "la'ry in 1M sa"n pM (45 10 llO%) mu$l go to a.ump and QlI ll\Jm~ to a
..-ie. of olon". 1'I1e clo,," will n...... twQ Npara~ bu<<i.n, dloenal"Q on !he product
114ing mad.
Approldmately 113 01 !he time II 12 mesh salen will replacl the Inird dtck 30m (0'
20m), Th, ,12 mttI1 .and slurTY W1/1 be P\lmp.ed to c~ for a .40 met" separatIon,
c::rnung 112m x 40rn .and. Tht -4() Ill$Sh 'MIl be ctoc;kpl~ -at!ly, e Will need a
ttoQcpillnllatriiify 0140.0~ tOM of mil t41 .c 40 sMii.
Ap~~ 2/3 01 1M bme tt.e prevlOUlly mentioned 30 mllh separation will oe
__ Iu.ml'ttd on \Ill ttlIl'd diCk The.JO mnl1 sa"d slurry wm be pUmped 10 the clan.
~_ ""'y tl1I 200 mllh (approximettlly 5%) will be .pu" off .r<<J ,t<M<pi1ed w,th \Ill ~
me.h /rom above Ap9roximMlly..o. 000 ton. of this .30 m . 2CO nlldl to be
ilool.plltd
Two .ClJnariol hIv. been p<oPOSId for the clone placem.nt On. i. to put the cion..
OIl a radltll atIIcker 'M1en d~ren~ producl. are rwqu'l-.d mply move the tlacker Ind
-nee \Ill apex vllv.., 1'I1e IICOM _nar1o it lWO "'Pllr.1I clone towen witl'l \Ill
ca_ """'11 10' dllhotW'll p,oduO\ll ,n<l pumpl<l to ""'''Y _" t~.1 ~..-..... pl'Odu<:t ,.
....rad lor pl1Id\lCtlOn, I am interll1lld itl YO\.ll' r..tinllllCoUt \Ill pftl. ....d CQI1I of lhIH
two metnod.
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Gcorlic A. Vall~hll, III
Attorney at law
3904 Trlndle Road
Camp Hili, Pennsylvania 17011
(717) 975.9102
FAX (717) 975.9105
August 20, 1998
Curtis R. Long, Prothonotary
Cumberland County Court House
Carlisle. PA 17013
RE: MATX v. Trappe Hill Holdlngs,lne.; 97-4837
Luther N. Amos, Jr., v. Trappe Hill Holdings, Ine.; 97-4838
Dear Mr. Long:
Although the above-referenced cases are not formally consolidated, they are related cases.
An issue which affects the disposition of both of the cases was argued before the Court at
Argument Court on August 12, 1998, At lhat time one of the judges suggested that copies of two
separate Depositions which appear in each case be filed in the other case so that the Court will
have a complete factual record before it regardless of which file is being examined, To that end I
have obtained an additional copy of each Deposition, and you will find them enclosed for filing.
The Deposition of Mr. Capuano in the case docketed at number 97-4837 should be filed in the
case docketed at 97-4838. The copy of the Deposition ofMr, Amos in case number 97-4838
should be filed in the case docketed at number 97-4837.
If you have any questions at all in this regard. do not hesitate to contact me.
le ruly !~ouy;ur ,
7t/~ ~
erge A, ghn, 11\
Attorney at Law
OAV/dj
Enclosures (2)
cc: William P. Douglas, Esquirll
2
1 WITNESSES
2 NAME EXAMINATION
3 JOSEPH V. CAPUANO
4 BY, MR. VAUGHN 3
5 BY, MR. DOUGLAS 15
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STIPULATION
It is hereby stipulated by and between counsel for
the respective parties that reading, signing, ,sealing,
certHication and filing are hereby waived; and that all
objections except as to the form of the question are reserved
to the time of trial.
JOSEPH V. CAPUANO, called as a witness, being duly
sworn, testified as follows:
EXAMINATION
BY MR. VA.UGHN:
Q Now is the time and place fixed for a deposition
of Joseph V. Capuano in the matter of MATX, Inc. versus
Trappe Hill Holdings, Inc., and present is Mr. Capuano. And
I am attorney for the Plaintiff, George A. Vaughn III, and
Mr. William Douglas is here as attorney for the Defendant.
We have spoken briefly before the beginning of
this deposition and have agreed that the purpose of this
deposition is to address the jurisdictional issue which has
been raised by preliminary objections filed on behalf of the
Defendant. And we are in agreement also that if there is to
be a substantive deposition regarding this matter in the
future, deposition of Mr. Capuano, that that certainly can be
conducted at a later date.
Mr. Capuano, would you state
your full name for us, please?
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A
Q
A
Q
A
Q
A
Q
A
Q
now?
A
Q
A
Q
A
1975.
Q
A
Q
, address?
A
Q
A
4
Joseph, middle initial V., Capuano.
And where do you reside?
1159 Harrisburg Pike, Carlisle.
And that's Carlisle, Pennsylvania?
Pennsylvania.
In Cumberland County, correct?
Cumberland County.
And are you employed now?
Part-time.
All right. In the past -- who are you employed by
I'm the president of MATX, Inc.
And that's the Plaintiff in this action, correct?
Yes.
What is MATX? Is it a corporation?
It's a corporation lncorpor~ted in Pennsylvania in
And where is its principal office located?
1159 Harrisburg Pike, Cumberland County, Carlisle.
How long has the office been located at that
Sinc.e 1975.
What kind of business is conducted by MATX, Inc.?
We're a -- we had been or have been primarily a
constrLlction company, but we also so some engineering.
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Q Okay. Do you have any background as an engineer
yourself?
A I'm a registered engineer -- civil engineer in
Pennsylvania.
Q The time focus of this matter is 1996. You were
MATX waa in operation in 1996; is that correct?
A Yes.
Q And did you have occasion to become involved in ~
project with Trappe Hill Holdings, Inc. in 1996?
A Well, I was involved with McCormack Materials
which I now realize is Trappe Hill Holdings, yes.
Q And what was your first involvement in 1996 with
McCormack Materials?
A Early in 1996 in April we were contacted by
Luke Amos -- Luther Amos who is a consultant for McCormack
Materials about putting two conveyors in to load ships in
New Brunswick, New Jersey.
Q New Brunswick, New Jersey or New Brunswick --
A I mean New Brunswick, Canada. I wish it had been
in Jersey.
Q All right. And how were you contacted by
Mr, Amos?
A He called me up and said that he was working on
these conveyors for Randy Waterman, and Randy wanted me to go
up and install them for him,
....,I
6
1 Q Were you familiar with the name Randy Waterman?
2 A Yes. We had worked for Randy previous to that in
3 South Amboy, New Jersey.
4 Q And was it your understanding that Randy was --
5 without getting into the exact relationship, but Randy and
6 McCormack Materials were the same thing in your view?
7
A
Yes, they were.
8 Q The telephone discussions that you had with
9 Mr. Amos regarding this conveyor work in New Brunswick, where
10 were you when those conversations took place?
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A I was in my office. He faxed me sketches and an
outline of what was to be done.
Q All right. Did you go up to New Brunswick
yourself to supervise or be involved in the conveyor work?
A After we got -- I told him that if we did the job
I'd have to go up and take two guys, whether it was a short
job and we wanted to turn around and get out of there. So I
took two guys and went up there and put the two conveyors on.
Q All right. Did you have
A Actually, three guys -- I took three guys up.
Q With respect to this conveyor work, did you have
any conversations with Mr. Waterman directly?
A I didn't have any direct conversations. I called
him three or four times, and he called me two or three
times. And r left messages on his and faxed him, And he
7
1 left m~ssages, but we never talked directly.
2
Q
All right. And the calls that you made to him
3 where did they originate frOM?
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A
I called from my office to his office in Virginia.
Q
And the calls that you got back Were the messages
6 that were left by him for you? Where were those messages
7 left?
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A In my office in Carl isle.
Q The work on the conveyors was done?
A Yes.
Q And you've been paid for that? That's not part o[
the actual complaints that we have filed; is that :::orrect?
A
Yes. I was paid for it.
When you were paid how did you receive payment [or
Q
15 that job?
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We got a check from McCormack Materials.
Q
And did you receive that at your office in
18 Carlisle?
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Yes.
Q
Did you have any further dealings then with
21 McCormack Materials with respect to this New Brunswick
22 location or project?
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A
Not until the project that we're in question over
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24 here right now came up.
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Q
Okay, Just so everybody can get pome
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understanding of what we're talking about, is this all one
project? What was the nature or relationship between the
conveyor aspect of things and the
A The two conveyors were to load ships.
Q What were they loading ships with?
A Sand and gravel, The sand and gravel was mine at
a local pit near the dock. Later there was another pit
opened farther from the aock. The material needed processed
to a greater degree than the original pit. So this equipment
then was purchased and sent up there to that second pit, and
that's when we were asked to go up and install that.
So it was part of this whole operation to get sand
and gravel on the ship and send it to Brooklyn.
Q Okay. So the second aspect of the project how is
it that you came to be involved in that?
A Luke Amos called me and said they had this plant,
and Randy wanted me to give him a price to put the plant in.
And I worked up a price and called him up and told him what
the number was.
Q When was it as best as you can recall when you
were first contacted by Luke Amos about putting up the plant?
A Early in August -- sometime in August of '96.
Q And how was that contact made? telephone? fax?
A He called me. He called me first and told me
about it, and then he faxed me some sketches he made. I
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think he might have made about the layout of the plant,
telling me how many conveyors there were, where the screena
were, the piping was to go, Typically, we've done this a lot
.because we know that what it takes to put a conveyor up or a
screen or whatever because we do a lot of this. So just
getting a sketch with the stuff on it's easy for us to quote
the job.
Q And the phone conversation that you had with
Mr. Amos where were you located when that took place?
A I was in my office.
Q Al1d I believe you said you thought he was in
Maine; is that correct?
A I'm pretty sure he was in Maine because he wao up
there a lot at that cime trying to coordinate this deal and
you know get it put together.
Q I assume this Maine location -- strike that. As a
result of the phone conversation and the material that was
faxed to you did you prepare any kind of proposal to submit
to McCormack Materials?
A We sent a formal proposal. Right.
Q And is that the proposal that's attached as
Exhibit A
A Yes, it is.
Q -- to the contract, a letter of YOUrs, dated
September 9th, 19967
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A Right.
o That shows an address on it to McCormack Materials
in care of Randy Waterman at an address in Upperville,
Virginia?
A Right.
o And it also shows a fax number. Would this have
been faxed to Mr. Waterman?
A Yes. It was faxed. We put the fax number on the
letter when we faxed it.
Q And would this have been sent to anybody else?
A Well, it went to Luke Amos too.
o It was sent from your office in Carlisle?
A Yes.
o Did you get a response from Mr. Waterman or
Mr. Amos to this proposal?
A I didn't talk to Randy. Luke said that -- called
me up and said Randy wants you to send two guys up there
because they have -- the guy that he was dealing with on this
in Canada was getting paid part of the royalty or the cost of
the mater.ial, had people and all he needed was two people.
And he was trying to keep the cost down just long enough to
get the main part of the plant erected.
o And that phone call again, where were you when you
received that phone call?
A I was in my office.
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Q Is it correct to say that the work that you were
doing under your proposal was essentially a time and
materials kind of work?
,
A Yes. It was time and material.
Q And how were you going to be paid, or how did you
expect to be paid for that work?
A I expected him to pay me for the labor, the
materials and whatever I expended.
Q And -- strike that. You submitted this proposal
to Mr. Waterman and to Mr. Amos. Mr. Amos contacted you and
asked you to proceed; is that correct?
A Yes.
Q Now were you able to tell him in that telephone
conversation, yes, I will proceed, or did you have to do
something else before you could agree to send anybody up
there?
A Well, what happened is I worked up the price and
called him up and said the lump sum number because that's
what he wanted was a hundred-and-some thousand dollars. He
said I guess you don't want to do the job, and I said, well,
you know, that's what it's going to take. I've done too many
of these. That's what it's going to take.
He said, well, Randy has these people up here.
Why don't you give me a time-and-material price, or really
what he wanted me to do is he wanted me to give him a
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lump-sum price and deduct the labor that they were going to
furnish. And I said, no, because I don't know what the
quality of the labor is, and I'm not going to be responsible
-- I'm not going to give you a lump-sum price, and I'm going
to take the beating because these people don't know what
they're doing because he told me they didn't know what they
were doing.
And he said, well, just give us two guys and we'll
will do the bulk of the work and you just get the major part
of the plan out. So I said fine, and that's why I gave him
the rates.
Q Okay. I didn't really want to do the job on a
time-and-material basis because we had a lot of other work
going on, and if I pulled these guys off the job r had to
give something up. So when he called me I said, well, I'll
just have to look because you know I don't know whether these
guys are available or not.
Q All right. You received a response from Mr. Amos
saying that they wanted your men up there?
A Right.
Q Based on the proposal you had sent?
A He wanted two men with a service truck there.
Q Now did you have to do anything to be in a
position to provide those two men?
A Just scheduie them, find out if I get them fre~.
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Q
And if you could not get those men free would you
2 have performed the work?
3 A No.
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Were you able to get those men free?
A With a lot of difficulty because he told me he
only needed them for a short time.
Q All right. And they were eventually sent up?
A Right.
Q And this is the work and expenses that haven't
been paid for that form the basis of this claim; ,is that
correct?
A
Q
That's correct.
And those men were they sent up from the Carlisle
14 area?
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Q
Right. From our shop in Mt. Holly.
Okay. In your discussions in August and September
17 of 1996, leading to the sending of these two men, were all of
....)
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your phone calls with Mr. Amos taken by you in Carlisle?
A Yes.
Q And did you place phone calls to him also, or was
this always just Mr. Amos contacting you?
A I called him. I think I called him in Maine maybe
once, but most of the time he called me.
Q And again was there any calls that you made to him
were they from your Carlisle location?
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A Yeah. They were from Carlisle.
Q Again, before leading up to this proposal and the
sending of the two men, how many phone calls do you think
that you and Mr. Amos exchanged over that period of time?
A Well, I'd have to say we had more than normal, so
we probably might have had six or seven because there was a
lot of discussion about who we were going to send and were
they available.
Q And were there discussions also between you and
Mr. Amos about how you would be paid once the work was
completed?
A No. We didn't talk about that.
Q In connection with this work that was done under
this proposal of September 9th, did you go up to
New Brunswick?
A No.
Q At any time did Mr. Waterman contact you or
anybody else contact you to tell you that Mr. Amos was not
acting on behalf of McCormack Materials?
A No.
Q And have you been paid any part of the amount that
you invoiced for this work done under the September 9th
proposals?
A
L__.
Zilch. Nada.
MR. VAUGHN: I think that's all I have at this
_.------ ,/
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time.
BY MR. DOUGLASt
Q Sir, with respect to Luther Amos, did you know
Luther Amos prior to 1996?
A Oh, yes.
Q And how did you know Luther Amos?
A He worked forL.B. Smith, and we did a substantial
amount of work for L.B. Smith.
Q In 1996 was he working for L.B. Smith?
A No.
Q What did he do for L.B. Smith when you dealt with
him there?
A He was their chief engineer.
Q It's my understanding then after leaving
L.B. Smith he became a consulting engineer?
A He was and is doing consulting. That's right.
Q And is it your understanding that he w~s doing
consulting work for McCormack Materials in 1996?
A Yes.
Q And his capacity as a consultant that's how he got
in touch with you?
A Yes.
o You said that when you were talking with him he
was up in Maine. Was he residing in Maine at the time?
A Yeah. He has his place that he goes in the
______J
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summertime. But he was also there I think because he was
running over to New Brunswick to put together what was needed
to screen the material.
Q At any time did you talk with Luther Amos here in
Central Pennsylvania concerning the job up in
New Brunswick --
A No.
Q -- prior to the dispute arising between yourself
and Trappe Hill Holdings, Inc.?
A I'm sorry. I really don't know what -- would you
ask the question again.
Q You had talked about faxes and phone conversations
with different
A Right.
Q -- with different people. It's my understanding
well, let me back up. It's my understanding as far as
Randy Waterman is concerned your communications with him were
a series of messages being left by each other via telephone?
Or faxes.
Or faxes.
My faxes to him. I don't think I ever got one
A
Q
A
from him.
Q
A
Q
Okay. So you faxed him down in Virginia?
Yes.
And then the other communications that you had
~
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with respect to this project were with Luther Amos while
Luther Amos was in Maine?
A In Maine or here. He could have been - - he was
ei ther here or in Maine.
Q Were they all by telephone?
A No. They were faxes.
Q Does he maintain a residence here in Pennsylvania?
A Yeah. In New Hampton Township.
Q It's my understanding from what you've told us
,that you were involved with McCormack Materials one other
time, and that was for a project that was done in New Jersey;
is that correct?
A Yeah. Several projects in Jersey.
Q Several projects in Jersey? And what kind of
projects were they?
A Well, t.he first project was a new sand plant that
we were subcontractor at L.B. Smith in South Amboy,
New Jersey. We did work directly for McCormack. We did a
couple of projects. We put cylinders on, slide gates in the
tunnel. I can't remember all of these miscellaneous little
jobs we did for them. And we went back and did several more
projects for L.B. Smith who was furnishing equipment to
expand th~t operation.
Q Okay. So --
A That's where I got to know Randy by the way.
,-"
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Q Was working through L.B. Smith in New Jersey?
A In South Amboy. Right.
Q When you would do work for L.B. Smith in the past
was that work involving Luther Amos?
A In as far as McCormack was concerned Luther was
always involved. Right.
Q Do you remember when it was in South Amboy,
New Jersey what year it was that you did that,job?
A It was a while ago. Maybe -- well, it's over five
years. Was it '93 -- it might have been '90. The f.irst
you're talking about?
Q Yes.
A It might have been '90. We did a series of jobs
after that.
Q And all of those jobs in New Jersey was L.B. Smith
involved?
A No. Some of them we did directly for McCormack.
They'd come to me and say do you have a way to solve this
problem, and r said this is what I'd do. The one I remember
is these valves, but there were some small jobs too. They
were more like maintenance type of things.
Q And with ~hose types of jobs would McCormack be on
the job site when he contacts you and asks you to come to
New Jersey?
A Yeah. They had - - their superintendent would call
~
.....)
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me.
Q
A
Okay. Who was that?
First name is Bill. I can't think of his last
name.
Q And Chen once Bill would contact you you'd go over
to New Jersey?
A I'd go over and find out what he wanted and work
up a price.
Q And then the work would be performed in
New Jersey?
A Right.
Q With respect to this Canada job, the New Br~nswick
job, were all of your contacts, preliminary contacts, were
they first with Luther Amos or were they with Luther Amos and
Randy Waterman? What I am trying to do now is get a time
frame from when you were communicating with these two.
A Luke would call me first because Luke was working
for Randy.
Q And is it your understanding that Luke Amos was
providing -- I guess Luther Amos goes by Luke?
A Yeah.
Q Okay. Is it your understanding that Luke Amos was
providing his consul ting services to McCormack?
A Yes.
MR. DOUGLAS, That's all the questions that I
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have.
BY MR. VAUGHN.
Q Just a few. Mr. Capuano, with respect to the
payments that you received for the work that you did for
McCormack Materials in New Jersey that you were asked about,
how was that payment made to your company?
A By check.
Q And where were those checks received?
A In Carlisle.
Q' With respect to Mr. Amos and his involvement in
this Canada project, would you describe the term consulting?
And consulting services has been used here in the course of
this deposition. Would you say that's a correct description
of the nature of his work and the scope of his work as you
understood it in Canada?
A He was a consultant. He was asked to secure the
materials and secure the contractor and get him on the job.
Q Was he involved in supervising the work up there?
A To a certain extent, yes.
Q You mentioned that Mr. Amos has a residence in
Hampden Township. By that I take it you mean Hampden
Township, Cumberland County, Pennsylvania?
A Oh, yes. Right up the street here.
MR. VAUGHN: That's all I have.
(Deposition concluded at 3:35 p.m.)
~
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,
'.-' 25
21
COUNTY OF CUMBERLAND
, SS
COMMONWEALTH OF PENNSYLVANIA
I, Christine F. Haag, a Notary Public, authorized to
administer oaths within and for the Commonwealth of
Pennsylvania, do hereby certify that the foregoing is the
testimony of Joseph V. Capuano.
I further certify that before the taking of said
deposition, the witness was duly sworn; that the questions
and answers were taken down stenographically by the said
Reporter-Notary Public, and afterwards reduced to typewriting
under the direction of the said Reporter.
I further certify that the said deposition was taken at
the time and place specified in the caption sheet hereof.
I further certify that I am not a relative or employee
or attorney or counsel to any of the parties, or a relative
or employee of such attorney or counsel, or financially
interested directly or indirectly in this action.
I further certify that the said deposition
constitutes a true record of the testimony given by the said
witness.
IN WITNESS WHEREOF, I have hereunto set my hand
this 6th day of July, 1998.
L.mmJ
......., ,I
ine F. Haag,
y Public
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position [II 12:24 7:17 service 1'1 12:22
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6,11 7:4 7:4 12:18 20:4 20:8
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OFFICES 1'1 I: 13 preselltll( ):14 reduct:d [II 21: II seVCn['1 14:6
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Township 111 17,S WHEREOF II' 21:22
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tunnel II( 1720 worked 1'1 ^ ~ S IK
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IIIlmms, AI.BRIGJIT. FOLTZ & NATALE
717-540-0220\717- 393-510 I
Index PllJle 4
97-4837 CIVIL
97-4838 CIVIL
engineering and has developed an expertise In sand and gravel extraction
facilities.
Amos was the long time chief engineer for L.B. Smith, Inc., another
Pennsylvania corporation Involved In the business of designing and equipping
sand and gravel operations. (Notes to Testimony of Deposition of Luther N.
Amos, hereinafter N.T. Amos, p.4). For a number of years, while employed at L.B.
Smith, Inc., Amos worked with the Defendant and consulted on several of the
Defendant's other projects. (N.T. Amos, p. 9-10). The record reflects that Matx
also had dealings with the Defendant in the past. Matx did a series of small jobs
working directly for the Defendant and as a subcontractor to L.B. Smith, Inc. on
Defendant's projects in New Jersey. (Notes to Testimony of Deposition of Joseph
V. Capuano, President, Mall<, Inc" hereinafter N.T. Capuano, p. 17).
The project which gave rise to the present controversy was a sand and
gravel extraction facility, built in New Brunswick, Canada, designed to obtain
course sand to be shipped to Brooklyn, New York. (N.T. Amos, p. 5). In April of
1996, Randy Waterman, a representative of Defendant, contacted Amos, at his
home, to request Amos' expertise for the project. (N.T. Amos, p. 5). Amos
agreed to work, as a consultant on the project. for $50 per hour. (N.T. Amos, p.
6). Throughout the course of dealing between Defendant and Amos, Amos never
2
97-4837 CIVIL
97-4838 CIVIL
visited Defendant's Virginia offices; all communications between the two took
place by phone or fax or on the project site. (N.T. Amos, p. 15). Amos regularly
billed Defendant for his work and was sent payment at his Cumberland County
home. (N.T. Amos, p. 8). Amos has sued the Defendant because he claims he
Is stili owed approximately $9000 for the work he did for Defendant on the New
Brunswick, Canada project. (Amos Complaint, p. 2).
Matx became involved In the project In April of 1996 when Amos, acting on
behalf of the Defendant, contacted Matx about putting In two conveyors, used to
load ships, at the New Brunswick, Canada project site. (N.T. Capuano, p. 7).
Matx did the conveyor work and was paid by check sent to its Carlisle office.
(N.T. Capuano, p. 7).
Matx was called again In August of 1996 to work on the construction of a
second plant at the New Brunswick project. (N.T. Capuano, p. 8). Matx sent the
Defendant a proposal on the pricing to do the work on the second phase of the
project. (N.T. Capuano, p. 9). Further negotiations were completed and Matx
sent two men to Canada to work on the construction of the second plant In the
fall of 1996. (N.T. Capuano, p. 10-13). Matx claims that it has not been paid for
the second stage of work done. (Matx Complaint. p. 4). The balance due of
nearly $17,000 is the subject Matx's complaint against the Defendant. (Matx
3
.
AMOS V. TRAPPE HI_LL HOId>.!NG!!.....l..!!~~~997 - 4838 CIVIL TIlRM
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS.
VERI FICA TION
I, Randy M. Waterman, rr"6:c?. t\ l- of Trappe Holdings, Inc., verify
that the statements made in the foregoing document are true and correct, to the
best of my knowledge, information, and belief. I understand that false
statements herein made are subject to the provisions of 18 Pa. C.S.A. ~ 4904
relating to unsworn falsification to authorities.
:b.... :l. $"' ,'"1'11
Date
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Randy M. Werman
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