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RODGER E. SGRIGNOLI, JR.,:
Plaintiff
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendants
It 15 OLER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-6593 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held in the
chambers of Judge Oler in the above-captioned case on
Wednesday, January 10, 2001. Present on behalf of the
Plaintiff was Rodger E. Sgrignoli, Jr., appearing pro se.
Present on behalf of the Defendant was Daniel K. Deardorff,
Esquire.
This is an action for trespass to land in
which Plaintiff claims as damages an alleged decrease in
the value of a lot owned by Plaintiff as a result of
construction by Defendant of a land development project.
Allegedly rocks were placed on Plaintiff's land, inter
alia. A board of arbitrators awarded Plaintiff $500.00 in
damages, and one defense of the Defendant is that the
damages, if any, were not to the extent claimed by
Plaintiff. Although this action was initially brought in
Equity, both parties agree that it should be deemed to be
an action at law.
This will be a jury trial (Plaintiff having
indicated that he does not wish to waive his right to a
jury trial, and Defendant's counsel having indicated that
Defendant would be willing to waive its right to a jury
trial) in which each side will have four peremptory
challenges, for a total of eight. The estimated duration
of trial is one day.
Plaintiff has indicated that he will prove
damages through an appraisal with respect to the value of
the property prior to Defendant's land development and
reliance upon an appraisal of Defendant's expert after the
development was completed. Defendant's counsel has
indicated that he would not object to Plaintiff's use of
the figure arrived at by Defendant's expert for this
purpose, although he indicates that Defendant's expert
would also testify that he did not feel the property had
decreased in value at all because of the land development.
No unusual issues are expected to arise in
this case. Defendant's counsel has indicated that he may
be utilizing the transcript of the hearing before the board
of arbitrators for purposes of cross examination and
otherwise, and Defendant's counsel has indicated that one
defense in the case is that any damage done to Plaintiff's
lot was by an independent contractor for whom Defendant was
not responsible.
With respect to settlement negotiations,
Plaintiff and counsel have indicated that they are
discussing a possible settlement.
By the Court
i
J:. esley
Rodger E. Sgrignoll, Jr., Pro
it North Enola Drive
Enola, PA 17025
Plaintiff
Daniel K. Deardorff, Esquire
Ten East High Street
Carlisle, PA 17013
For the Defendant
Court Administrator
wcy
, 'TY. N J
I
JAN -8
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6593 Civil Action - Law
RODGER E. SGRIGNOLI JR.
Plaintiff
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP
Defendant
PLAINTIFF'S PRE-TRIAL MEMORANDUM
Rodger E. Sgrignoli Jr., CPA, pro se
I 1 North Enola Drive
Enola, PA 17025
717.732.6235
Stmgk) i v Riper Rawl lie-uid Mmk"nd=
STATEMENT OF THE BASIC FACTS AS TO LIABILITY
On or about March 20, 1997, River Bend Management Limited Partnership
(hereinafter referred to as "Defendant", through it's Agent Rettew Associates, submits
plat plan to East Pennsboro Township requesting approval to build an approximately 50
home-site subdivision. The aforementioned plat plan shows that immediately North of
Sgrignoli's property, the Defendant planned on putting a water retention pond to accept
run-off from the development. The plat plan also asserts that the Contractor, "shall
install Type D-W Headwall" to accept stream water flow through the Plaintiff's property.
The Defendant's plan is approved by East Pennsboro Township.
BASIC FACTS AS TO DAMAGES
On or about September 15, 1998, Defendant builds mountain water retention pond
infringing upon Sgrignoli's property rights by destroying Sgrignoli's Mountain Trees,
violating Sgrignoli's riparian rights by blocking a natural mountain stream through the
placement of huge boulders on Sgrignoli's property where the stream once flowed.
PRINCIPAL ISSUES OF LIABILITY AND DAMAGES
Encroachment in violation of Pennsylvania statute Title 68 Part If - Real
Property, Subpart D - Planned Communities PA Chapter 52
Simple Trespassing in violation of Pennsylvania statute Title 18 Part 11 Chapter
35 Section 3503(b. I)
SUMMARY OF LEGAL ISSUES
Pennsylvania statute Title 68 Part If - Real Property, Subpart D - Planned
Communities PA Chapter 52 - Creation, Alteration, and Termination of Planned
Community governs the creation of the River Bend Subdivision. The Defendant's arc in
SgriM,h % Ri%v 0eW P1 uul Mm nnJwn
violation of this statute as pertaining to S 5210 (7) stating that each plat must show the
extent of any encroachment by any portion of the planned community.
Pennsylvania statute Title 68 Part 11- Real Property, Subpart D - Planned
Communities Chapter 51 - General Provisions S 5114 Remedies to be liberally
administered (a) General Rule - "The remedies provided by this subpart" (dealing with
planned communities) "shall be liberally administered to the end that the aggrieved party
is in as good a position as if the other party had fully performed." (b) Judicial
enforcement of rights and obligations. - Any right or obligation declared by this subpart is
enforceable by judicial proceeding.
Pennsylvania statute Title 68 P.S. S 477-2 states that confers upon the Plaintiff the
right to keep his land in a natural state. This statute also clarifies the duty of an
excavator, it states, "An adjoining land owner excavating on his own land must exercise
due care. prudence. and skill. The blockage of the natural stream once running through
Sgrignoli's property violates such right. It is well known that adjoining property owner's
have the right to lateral support, see Warfel v. Vandersmith, 376 PA. 1, 101 A.2d 736
(1954). "When the Defendant's conduct has caused physical damage to the Plaintiffs
property, courts are more likely to give relief when the harm takes a less tangible form,
see Waschak Y. Moffat, PA Super 209, 96 A.2d 163 (1953).
Pennsylvania law follows the Uniform Commercial Code (UCC). Under the Right of
Jalcra/Suplmri, the UCC states, "the enjoyment and use of land depends upon the
lateral support it receives from adjacent land, and every landowner is entitled to
expect that his land, in its natural condition, will receive this support, If A excavate
upon his land and fails to provide adequate artificial support for the adjoining land of I3,
the latter may recover for any damages to the soil." sec UCC Chapter 44.
When dealing with water the UCC is explicit. It states, "The presence of water
adjacent to, upon or under land, raises special problems and creates certain rights
Sopm,li v Raw Ik-W Pm4rinl MM nnhun
and duties in the owner of the land irrespective of any agreement between
individuals. These rights and duties that are peculiar to land on which there is water are
referred to as riparian. A riparian right is a term used to describe the interest which a
landowner has, for example, in a stream which flows through his property. It is not
surprising that, as a general rule, it is said that a riparian landowner may make whatever
use he chooses of the water PROVIDED IIE DOES NOT MATERIALLY
INTERFERE WITH THE RIGHTS OF OTHER RIPARIAN OWNERS TO DO
TILE SAME. A living upstream from B, may appropriate the water for use provided he
does not substantially diminish the flow through Bs land. A NAYNOT, HOWEVER,
DIVERT THE STREAM OUT OF ITS NATURAL COURSE SO TIIAT IT NO
LONGER FLOWS THROUGH B'S LAND", see UCC Chapter 45 dealing with riparian
rights.
Pennsylvania statute Title 18 Part 11 Chapter 35 Section 3503(b. l) defines a simple
trespasser as:
1. A person commits an offense if, knowing that he is not licensed or privileged to do
so, he enters or remains in any place for the purpose of
i. threatening or terrorizing the owner or occupants of the premises; or
ii. starting or causing to be started any fire upon the premises; or
iii. defacing or damaging the premises,
WITNESSES TO BE CALLED BY PLAINTIFF
Mr. Chad Schaeffer, (Expert), Project Director, R.J. Fisher & Associates,
Engineering Planning & Surveying, - 1548 Bridge Street, New Cumberland,
Pennsylvania 17070 (717) 774-7534, conducted survey of damage attached as Exhibit A.
Mr. Thomas O'Byrne, (Expert), as to pre-damage value of Plaintiff's property, report
attached as Exhibit B.
sp igwh v Riper Ik-M Pretrial Mc naanlum
LIST OF EXHIBITS
A. Damage Survey - Exhibit shows existing rock encroachment.
B. !'re-damage Appraisal- value of Plaintiff's property prior to Defendant's
Encroachment.
C. Post-damage Appraisal - value of Plaintiffs property after Defendant's
encroachment.
Photos submitted in any proceedings or filings.
CURRENT STATUS OF SETTLEMENT NEGOTIATIONS
No settlement negotiations arc in progress
Respectfully Submitted,
Rodger E. Sgrignoli Jr., CPA
I I North Enola Drive
Enola, PA 17025
(717) 732-6235
This is to certify that a true copy of foregoing Plaindll's Pre-trial Memorandum was delivered,
United States Mail, first-class postage, prepaid this 5th day of January, 2001 upon the following:
Daniel K. Deardorff, Esq.
Ten East High Street
Carlisle, PA 17013
Counsel for.
River Bend Management
Limited Partnership, Defendant
/ !i
Rodger F.. S oli Jr., CPA pro se
I I North Enola Drive
Enola, Pennsylvania 17025
(717) 732.6235
i ,
EXHIBIT A
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JAN-03-2001 01i34 AM THOOMASOBYRNIZ 7176970454 P.01
STATE CERrxlo GENERAL APPRAISER REALTOR
817 NORTH ARCH STREE TEN OR HANICS URG, PA 17 A055 - SSOCIATION 717-697-5320 FAX 717.697.0464
MEMBER - NATIONAL OF
INDEPENDENT FEE APPRAISERS
COMMERCIAL REAL ESTATE APPRAISER
NATIONAL ASSOCIATION OF REAL ESTATE APPRAISERS
January 1, 1998
Rodger Sgrignoll, Jr.
I1 North Enola Drive
Enola, PA 17025
Subject Vacant lot located along Spring Drive, Enola, PA
Dear Mr. Sgrignoli:
In accordance with your request, we have examined the subject property. We've
discussed the property with the East Pennsboro Township officials regarding the land's
set back requirements and its use.
Based on the above, the value of the lot is rather minimal due to the inability to construct
a dwelling on it.
There was some conversation indicating that perhaps a request for a mobile home may be
entertained, however, no promises were guaranteed.
In view of the foregoing, we would estimate the market value of the subject property as
of January 1, 1998 to be in the range of 54,000 to $5,000.
Trust that the foregoing will assist you in your course of action.
Sincerely,
Thomas F. O'Byrne, CAS, WAS
Pennsylvania Certified General
Real Estate Appraiser
Certification :Number GA-000256L
TFOIdem
APPRAISALS, APPRAISAL REVIEW
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EXIIIBIT C
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"W 1e:
RODGER E. SGRIGNOLI, JR.,
Plaintiff
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6593
CIVIL ACTION - LAW
IN EQUITY
DEFENDANT'S PRE-TRIAL MEMORANDUM
STATEMENT OF LIABILITY:
Plaintiff owns .16 acres of undeveloped land just south of Defendant's development.
Plaintiff alleges that Defendant's subcontractor left rocks on his land when it constructed a water
retention pond adjacent to his property. Plaintiff also alleges that Defendant's subcontractor
disrupted a stream that had run over his property.
Defendant's deny that it is liable for the actions of the subcontractor and aver that Plaintiff
suffered minimal, if any, damages.
2. STATEMENT OF DAMAGES:
Plaintiff initially requested equitable relief in the nature of an injunction, but this was denied
by Court Order dated November 5, 1999 (attached as Exhibit "A") and Plaintiff was allowed to
proceed for money damages.
Defendant's position is that Plaintiffs undeveloped land, which he purchased for S 1,666, is
only worth $2,000, is not able to be developed, and was not damaged by the rocks. Defendant will
present expert testimony on this issue. At the pre-trial conference befbrc Judge Guido on
October 18, 2000, Plaintiff was given a continuance so he could obtain an appraisal of the property
involved. As of this date, Defendant has received no written appraisal report from Plaintiff.
3. ISSUES OF LIABILITY AND DAMAGES:
a. Whether Defendant is liable for the action of its subcontractor. See ¢enerally 41 Am
Jur 2d § 24;
b. Whether Plaintiff has incurred any conrpensablc damages;
C. Whether Plaintiff is entitled to litigation expenses such as survey costs. photographs,
mileage, and copy expenses.
4. ISSUES OF EVIDENCE:
a. Whether Plaintiff can present hearsayevidenceastothcvalucofhisland in thcnaturc
o fan estimate of value for transfer taxes by the Recorder of Deeds. JudgcGuidoqucstioncdwhcther
this document would be admissible at the first Pre-Trial Conference on October 18, 2000.
b. Whether Plaintiff can present hearsay statements of a neighbor, Mr. Walker.
5. WITNESSES:
Charles K. Vandenbaugh - Part owner of Defendant
P. Scott Archibald Expert as to value of Plaintiffs property and damage
to it (report attached as Exhibit "B").
6. EXHIBITS:
Photos of property exchanged by parties at arbitration.
7. NEGOTIATIONS:
Defendant is willing to pay the award of the arbitrators of $500, which Plaintiff
appealed, Plaintiff demanded over $30,000.
Respectfully Submitted,
MA(RTTSON DEArRDORFF WILLIAMS & OTTO
By V)? V. 4=??z
Daniel K. Deardorff, Esquire
I.D. Numbcr17837
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Defendant
Date: January 5, 2001
I ,.
RODGER E. SGRIGNOLI, JR
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6593 EQUITY
AND NOW, this Sn" day of NOVEMBER, 1999, after
reviewing the complaint and it appearing that Plaintiff is
requesting that an injunction against Defendant be issued
-until such time as he is duly compensated for his loss and
reimbursed for all costs incurred" and it therefore
appearing that any harm suffered by Plaintiff can be
compensated by the payment of monetary damages, the request .
for an injunction is DENIED.
By the C ,
Edward E. Guido, J.
Rodger E. Sgrignoli, Jr.
Ken Vandenburg
sld
I-xi,ibit
LAND APPRAISAL REPORT 7140012400
I+ti RIVER BEND MANAGEMENT LIMITEO PARTNERSHIP c...r°.,'4241.102 w•r..r. NIA
.'rrM A+•r PARCEL 0911300.1009- - -
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2000 ?". , I 11 2.00( .. v .' I 2,1x75•
ALL OF TIIE SURMITTED COMPARARLES ARE LOCATED AITIUN SIMILAR COMPETITIVE
MARKET AREAS AS THE SUBJECT PROPERTY I HAVE FAVORED COMVARABLES tt AfID 02 IN ESTILIATING ,
THF: MOST PROBABLE SALE PRICE OF THE SUBJECT PROPERTY +
cl.r. 11 c.•.r?•. r 4....• THIS APPRAISAL IS NOT BATED UPON A kEOVESTO) WllIIMUM VALUATION, A ,
SPECIFIC VALUATIO11 OR THE APPROVAL OF A LOAN ALL OF Mc • I,?WVAt!U-4 '4 11115 APPRAISAL IS ,
OBTAINED fHRC'J3H I'00L'C 41.00RUS ANU IS DLEMEU 'O 1! rk,.;+ A•F) ?; VII,+E<1
_ 4:11..1 'aNli.'vr a•lal,- nt: ,tVAr W.: I,rt :•?SI I•k:7!IAIi:E
SAl f
COMMENTADDENDUM n.X. 7240072400
COMPLETE APPRAISAL - SUMMARY REPORT
IT WAG NECESSARY TO EXCEED THE NORMAL MARKETING PARAMETERS OF TIME TO LOCATE I !?
COMPARABLE3 THAT ARE LOCATED WITHIN SIMILAR COMPETITIVE MARKET AREAS AS THE
SUBJECT PROPERTY.
SITE
THIS APPRAISAL WAS COMPLETED WITHOUT THE BENEFIT OF A LEGAL DESCRIPTION, THE SITE ¢I
SIZE WAS DETERMINED WITH THE AID OF THE ATTACHED SITE PLAN DIMENSIONS. '.
ACCORDING TO THE EAST ?ENNSBORO ZONINO OFFICE. THE SUBJECT PROPERTY DOES NOT .
CONFORM TO THE TOWNSHIP BUILDING SET BACK REQUIREMENTS AND CANNOT HAVE A
PERMANENT OR TEMPORARY STRUCTURE AFFIXED TO THE PROPERTY. THE SWIPE OF THE ,
PROPERTY IS TRIANGULAR, THE FRONT, REAR AND SIDE SET BACK REQUIREMENTS DO NOT
CONFORM USING EITHER THE WEST PROPERTY LINE OR THE SOUTH PROPERTY LINE AS THE
FRONT SETBACK.
THERE IS A 40' WADE UNOPENED STREET (SPRING DR.) TO THE WEST OF THE SUBJECT
PROPERTY. THE EAST PENNSSORO TOWNSHIP ZONING OFFICE HAS INFORMED ME THAT THIS
ONCE PROPOSED STREET HAS NEVER BEEN MAINTAINED AND THE TOWNSHIP HAS NO
INTENTION AND NO REASON TO HOLD THE RIGHTS TO THIS STREET. THE PRESENT RIGHTS TO
THIS UNOPENED STREET IS UNKNOWN BY THE APPRAISER.
THE VALUE OF THE SUBJECT PROPERTY IS PRIMARILY BENEFICUIL TO THE ADJACENT
PROPERTY OWNERS TO INCREASE THEIR OWN PROPERTY SIZE. SINCE THEIR CAN BE NO
STRUCTURE OR OTHER PRIMARY USE FOR TICS PROPERTY, THE VALUE 13 GREATLY DIMINISHED.
THE REAR PROPERTY LINE BORDERS THE DEVELOPMENT OF RIVER BEND TO THE NORTH.
THERE IS A DETENTION BASIN LOCATED WITHIN THE BOUNDARIES OF THE DEVELOPMENT.
UPON CONSTRUCTION, THERE WAS A NEED FOR LARGE ROCKS AND BALLAST TO BE INSTALLED
AT THE LOWER PORTIONS OF THE BASIN. SOME OF THE LARGE ROCKS HAVE ROLLED
APPROXIMATELY W - S' ONTO THE SUBJECT PROPERTY AND OVER THE REAR PROPERTY LINE
IN MY OPINION, THE PRESENCE OF THESE ROCKS DO NOT DIMINISH THE FUTURE USE OF THE
SUBJECT SITE DUE TO THE FACTS STATED ABOVE.
IN MY OPINION, DUE TO THE FACT THAT THESE ROCKS HAVE ENCROACHED ON THE SUBJECT
PROPERTY, THE PRESENT MARKET VALUE HAS NOT BEEN DECREASED NOR HAS THE FUTURE
MARKETABILITY OF THE SUBJECT PROPERTY BEEN ADVERSELY AFFECTED.
?T
Y
FOR ANY ADDITIONAL INFORMATION OR QUESTIONS PLEASE CALL: (717) - S41 - 5005 I y
P. SCOTT ARCIIIDALD
RL•000000-L
PA. STATE CERTIFIED
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DEFINITION OF MARKET VALUE: the most probable price which a;propeM (houd bring in a competitive and
open market older all conditions requisite to a fax sale, me buyer and seller, each acting Prudamly, knowledgeably and
assuming the price is not affected by undue stimulus Impact in this dennreon Is the consumma?rl of a sale as of a
specified date and the passing of title Irom saner to buyer under condreons whereby (1) buyer and sailer are typically
mortis ra (2) both parties are cord Informed of coed advised, and oath acting in steal he considers his own best interest
(0) a reasonable time Is allowed tot exposure on the open market, (l) payment Is made In leans of cash In U. S. dollars
or in "a of financial arrangements comparable thMelo, and (S) the price represents the normal consideration for the
property sold unarMcted by special or creative financing or sales concessions" granted by anyone associated with the sale.
•Aqubm ants d the comparable must be made for special a creative financing or sales concessions No ad)ustments
are necessary for those costs which are normally paid by selling as a resuN at tradition or taw N a market these costs
am modify IdmMable since the seer pays these costs in virtually all sale banuceons. Special or maave Marmnng
aqustments can be made to the comparable properly by oompadsons to fnarcpq terms offend by a amid pang
Institutional Itrhder that Is not already involved in M property a transsction. Any adjus'mem should not be calculated
on a mechanical dollar for doMW cost of the financing or concession but the dollar amount of arty ed)usone rot should
approximate the markets reaction to the fnancng of, concessions baud on the appraisals )udWrwt
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDfTIONS: The appraisers urkficatilm that spoilers in dis appraisal repo" is
subject No M Mowing corhdltons:
1. The appraiser will not be responsible for matters of a legal nalum thal affect nala the property being appraised or
the title to It The appraiser assumes that the We Is good and marketable and, therefore, swg rid render any opirvons
about the bite. TM pr spar is appraised on an basis of h being under responsible ownership.
2. The appraiser has provided a sketch In the appraisal repo" to show approximate dimensions of the impinevernments
and the sketch is Included only to assist the ruder of M report In visualizing M properly and onderstandxg the
appraisers determination of its size.
J, The appaiser has examined the available flood maps Nat are provided by cite Federal Emergency Management Agency
(r other data sources) and has noted in the appraisal report vvhethw the subj,ct lift is located in be identified Special
Flood Hazard Ana Because the appraiser is not a surveyor, he or she revokes no guaranies. express a implied, regarding
Ws d,ternlnalon.
a. The ppraisr will not give Hs'vnony or appear n court because her she made an appra mil of the property In question,
untie specilk anargemsnd bad* to have been made beronhand.
5. The appresr has osbnhated New value of the land In the real approach at its highest and best use and the improvements
at their conetbutry vain. Them sapwate valuations of the land and improvements moat not be used in conjunction wsth
airy other appraisal and an invalid if they are w used
t, The appraar has noted in the appraisal repo" rrysolvers, conditions (such as, needed reproos, depreciation, the presence
of huardous wastes, loxrc substances, etc) observed ding the inspection of the subject property or that he or ant became
aware of during the nwrmd research involved in performing the appraisal Unless othernwim stated In the appraisal report
the appraiser has no knowledge of any hidden or unapparent conditions of the prop" or adverse onvironmemal condions
(including the pretence of hazardous wastes. todc substances, etc ) Nat would make the property more of less valuable,
and has assumed that there we no such conditions and makes no guaranlees or warranties, repress or implied, regarding
on condition of the property. the appraiser well not be tesponuble fro any such conditions that do esisl or for any
angineenrg or lasting that might bo required to discover weather such condbons trust. Because the appraiser is not an aped
in the field of environmental hazards, the appraisal report roust not be considered a an environmental alusunent of
.
they property
T. The appeaser oblaned the information. estimates, and opinions that were expressed in the appraisal report finis sources
that he w the considers to be reliable and believes them to be true and coned Rte appre'er does not assume responsibility
for the acoura y or such items that were fumrshed by other panic.
a. The appraiser will cwt disclose thus contents of the appramt report except as provided for in to Unelrm Standards of
Professional floprartal Precace
9 The appeaser has bated ms or her appraisal report and valuation conclusion fro an apprasal mat is subject to satisfactory
eomMel'on, repairs, or alterations on the assumpl'on that completion of the nprovemenls will be performed in a
"I mars.ke manner
10 The apprpiser mist provide ms or her prior miner, cnmrrnt bnfre the lenderlclent sverIfind in eve appraisal repret
can distribute the appraisal report (inclohn9 wnduvons about me pruPmry, vAue• The appra4er's Olnury and Profhtvonal
designalons, Ind references to any prntess•onal .lpmanah organ"Alles nr the hmh well r,mch me appraiser rot ass2CN1ed)
In anyone oaer thin the bwwe,-. Me mortgl9ee or •11 suvicefsprs and assigns. In, men . ns'.1rer, cons.,nanls.
pforessional soprmLhl o(g.v'paw,ns. any 51ab or 4: n:°vy app""'I finannal ow,&on or any, ;Mparfm•nl, ayenpy
or osuurnenlntf it me Un.tv,l 00,,, or anf slala nr •nc Dnl,n<I A [[oluniba. e.rr•pl Ihal m, 1..$ 11 if 1I.1"We
in, Property, lescnplnn serll(n nl me I..paq aorf In ,1,1'a CveyfUOn oat Wj,u"nl err. .rltl wnnc"1 hh..n) to rhta•ri to
,,j,r.Ltt(s p•'r m,llen Jnnsw,I The Il'p'A Tar S .?O^nq rn.Cn{ of .r,fvo,al r^ 1.1 I-I, hrl ii........ I p •I,nn Iny .IVhC1.5.11
a.In Weoc ve,&j V,prannloll•e PAI. 14.o+)nrd.^rttn'1 'It" -11-. 0
h..H.M.l.,n 1111•. 11. .......n ., .. Lu?4%.... tin^.r .?.. +• , ... ... r ew'ao: ern 'Min 6
APPRMSER'S CERTIFICATION: The Appraiser certifies and agneo that
1. 1 have searched the subject market aria and have $t aded a mint num of that, recent sales of Properties most similar
and proximate to the subject prop" for conskterason in the sales competitors aMlit and have made a dinar adjusbmanl
vAlen appropriate to reflect the market reaction to those demo or signdcmnt variation. If a srglvflmnl gem in a comparable
popery Is superior to, or more favorable Irish, the subject popery. I have made a negative adjusonenl to reduce the
&"led sales prim of the eempa- We and, If a agafimnt nom in a comparable properly is in1Mr to. a test favorable
than the subject property. I have made a poutive adfusbnent to broesse the adjusted sates price al the compatible.
2. 1 have taken into consideration the factors that have an Impact an value in my dtvdepment of the estimate of market
value in the ppraiul report. I have not knowtngy withhold any s*%ficad that mation from as appraisal report and I
thieve, to as bat of my knowledge. that all slatrnems and Mdonnatron n tte appraiser report am he and correct
3. 1 stated in the appraisal report only my warn personal, unbiased, and professional analysis, opinions, and corldusions.
vnhich are subject only to M contingent and limning condtbns specified In Pis hum.
a. 1 have ro patent or prospective Interest in the property Mt Is the subject to this report sed 1 have M present r
prospective personal threat or bias winds respect to the participants in au transaction, I aid not bate, ra,r parts" r
econ,pletsy, my analysis andror the asbmole of market value a the appraisal report on M ran. cola, ro4on, sex,
handicap, familml status, or "banal origin of erNr Use prospecfve ovrers r occvpan s of the subject prop" or of the
present **non er ocaseprds of the properties in the vk My of au sulked property
& 1 haw M pnwnt or eonMmptaled futre Interest In au subject papery, and n~ my antra or hAve emplaymrll
mar fay compensation For perform" I%& appraisal is contingent on the appraised value of the prop".
8. 1 was nor fequved b report a prrletatmned value r dnicbon in value thal fawn ale cause of ha dent at any
I.0111W Pay, the amrrd of iM value estimola. Nor attarwrlt Of • speafla result, OF an occurrence of a Subsequent even)
In order As receive my comprmoon andbr errpbym int far perbmiq the apprasal. I aid not base M appraisal repeal
on a repuestedmnkmurn vnluatlon, a specific valuarian, r the need to approve a specific morlas" ban.
7, 1 performed this Appraisal in conformity with the Uniform Standards of Professional Appraisal Pncooe Nat visa
Adopted and promulgated by ale Appraisal Standards Board Of The AppahN Foundabon and Out were n pram as of the
Mecbw dale of this appraisal. winds the exception of the departure pronsion of those Standards, which dues not appy.
1 AcknwMedge that an atlmate of a reasonable time for oeposure in dal open market is a cirrosan in he definition at
modest blue and au estimeta 1 developed Is consistent with On mwkebng Arne road in the nwith0ahood section of sus
report unless I haw oalemies stated in the reconciliation section.
B 1 have personally inspected the In imor ant Asian" areas of the subject papery And the ester it of all Properties
listed a nmpaaWa in a,e appreital report. I further cenry that I have noaA any epprent "known adverse conditions
In an subjed Improvements, an the subject one, r on any red vnovn M unnwdste vicinity of the stabled Prop" of
march t Am eras and have made adjustments la thew adverse conditions in my analysis ran ppMy value to the
eMnt that I had market evidence to support Nem. 1 have also commented abGld the effect of IM advent conditions an
the morkolabAtF Of the aubjact propeM
9. 1 Prsoneey prepared all conclusions and opinions about he real estate that wan aid Cara, n IM apprasal reprt. It I
all on sprMmnt profastonal asslstanm from any individual or e,dv,dufs in ne penormanm of the appraisal r he
preparation of he appraisal Capon, 1 have named such ndvMual(t) and dsdosed the specific tasks Performed by rem
in no reconciliation section of this appraisal report. I cony that any ndv,dual w named is 9uaksed to perform the tasks
I haw nor Authorized enyoM to make a change as ary, rem in me repot therefore. d an unauthorized &,"a it made Ice the
appraisal report I wig take no responaWhy, for it
SUPERNSORY APPRAISER'S CERTIFICATION: If a supervisory appraesr signed the appraisal report he of ua
comfits and Agrees Nat I directly supomu the appraiser who Prepared the appasal report ham rneewed he appraisal
report, Agra rah the stalaments and condufbns of the appraiser, agree b be bound by he appralse's ceMlmtbns
numbered a trough F above, and am taking full respons,bAdy for the appraisal and he appraisal repot
ADDRESS OF PROPERTY APPRAISED: PARCEL 091-1-3004009,FNOLA. PA 17093__-. .
APPRAISER
SUPERVISORY APPRAISER (anly,1fe7veed(
Sgnan,re ce55; --'-S7,,smn -
Name . P S(;OTT ARC11IB31? tlan'o -
Data S con! JULY 24, 2OW Dale S• Y ed
State Ced,hobM a RI OINIOti9{ Stale CC?4LfJ^on e
r Seale Lams a o ;.Lib Lrenw
:,,tie PA S,14
w ral' n O.ve 011.' en 1Camr, p L'.vI,v 1)101 E.pe.et O? Dab of Cer fu°on a, L,to,s!
?. r.,r•-r... tae. n ...... ., u......
CERTIFICATE OF SERVICE
1, Jody L. Boore, an authorized agent of Martson Deardorff Williams & Otto, hereby certifies
that a copy of the foregoing Defendant's Pre-Trial Memorandum was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. Rodger E. Sgrignoli, Jr.
1 I North Enola Drive
Enola, PA 17025
Gary E. French, Esquire
KEEFER, WOOD, ALLEN & RAHAL
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
MARTSON DEARDORFF WILLIAMS & OTTO
By `- *- tam
Jody L' oor
Te F t High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 5, 2001
J 'n1
22
RODGER E. SGRIGNOLI, JR.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP, CIVIL ACTION - LAW
Defendant NO. 99-6593 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held on Wednesday,
October 18, 2000, before the Honorable Edward E. Guido,
Judge. Present for the Defendant was Daniel K. Deardorff,
Esquire, and the Plaintiff appeared Pro Se.
The parties have agreed that this action was
erroneously filed in Equity. Plaintiff has indicated he is
only seeking monetary damages and, therefore, both parties
agree that this is an action at law. The parties further
agree that a jury trial is appropriate.
Plaintiff has indicated that he is seeking
monetary compensation for certain alleged damage to his
property by the Defendant. He indicated that he intended
to prove the pre-damage value of the property by
introducing at trial as an exhibit the realty transfer tax
affidavit that was attached to the deed at the time of the
tax claim sale. Defendant indicated that it would object
to the value of the property being established in this way.
We indicated that there are serious questions regarding the
admissibility of that document for the purpose proffered by
Plaintiff. Therefore, we are granting Plaintiff's request
for continuance to allow him to obtain an appraisal of the
property. This matter is continued generally to be
relisted by either party.
By the Cou ,
Edward E. Guido, J.
Rodger E. Sgrignoli, Jr.
Pro Se
Daniel K. Deardorff, Esquire
For the Defendant
:lfh
• as
•
•
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
• NO. 99-6593 Equity
RODGER E. SGRIGNOLI JR.
• Plaintiff
J
•
•
•
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP
Defendant
TRIAL BRIEF FOR PLAINTIFF,
RODGER E. SGRIGNOLI JR.,
Rodger E. Sgrigooli Jr., CPA, pro u
• 11 North Enola Drive
Enole, PA 17025
717.7326235
0
OCT 1 0 2000 tip
•
NOVw1i v Roo lknd Trial Dnef
STATEMENT OF THE BASIC FACTS AS TO LIABILITY
On or about March 20, 1997, River Bend Management Limited Partnership
(hereinafter referred to as "Defendant", through it's Agent Rettew Associates, submits
plat plan to Fast Pennsboro Township requesting approval to build an approximately 50
A home-site subdivision. The aforementioned plat plan shows that immediately North of
Sgrignoli's property, the Defendant planned on putting a water retention pond to accept
run-off from the development. The plat plan also asserts that the Contractor, "shall
install Type D-W Headwall" to accept stream water flow through the Plaintiffs property.
R?
The Defendant's plan is approved by East Pcnnsboro Township.
® BASIC FACTS AS TO DAMAGES
On or about September 15, 1998, Defendant builds mountain water retention pond
infringing upon Sgrignoli's property rights by destroying Sgrignoli's Mountain Trees,
0 violating Sgrignoli's riparian rights by blocking a natural mountain stream through the
placement of huge boulders where the stream once flowed.
On or about October 8, 1999, Defendant excavates Spring Drive providing "curb
appeal" for the new subdivision removing access rights to Sgrignoli's property by
reducing the slope of Spring drive allowing Mr. Robert B. Walker easier access to his
driveway.
0
PRINCIPAL ISSUES OF LIABILITY AND DAMAGES
u Defendant has admitted to encroaching upon Plaintiffs property pertaining to the
development of the mountain water retention pond. Defendant has admitted to infringing
upon Plaintiffs riparian rights by blocking a natural mountain stream. Defendant has
not admitted to the destruction of Mountain trees. Defendant has not admitted to
u
V
A
tigripadi v Ri%vr Bend Trial luier
removing access rights to Sgrignoli's property claiming such violation was
A contracted by Mr. Robert B. Walker, 412 Belle Vista Drive.
SUMMARY OF LEGAL ISSUES
n? Pennsylvania statute Title 68 Part 11- Real Property, Subpart D - Planned
Communities PA Chapter 52 - Creation, Alteration, and Termination of Planned
Community governs the creation of the River Bend Subdivision. The Defendant's are in
n violation of this statute as pertaining to S 5210 (7) stating that each plat must show the
extent of any encroachment by any portion of the planned community.
Pennsylvania statute Title 68 Part 11- Real Property, Subpart D - Planned
4
Communities Chapter 51 - General Provisions S 5114 Remedies to be liberally
administered (a) General Rule - "The remedies provided by this subpart" (dealing with
planned communities) "shall be liberally administered to the end that the aggrieved party
is put in as good a positian as if the other party had fully performed." (b) Judicial
enforcement of rights and obligations. - Any right or obligation declared by this subpart is
enforceable byjudicial proceeding.
u
Pennsylvania statute Title 68 P.S. S 477-2 states that confers upon the Plaintiff the
right to keep his land in a natural state. This statute also clarifies the duty of an
excavator, it states, "An adjoining land owner excavating on his own land must exercise
v
due care, prudence, and skill. The blockage of the natural stream once running through
Sgrignoli's property violates such right. It is well known that adjoining property owner's
have the right to lateral support, see Warfcl v. Vandcrsmith, 376 PA. 1, 101 A.2d 736
w (1954). "When the Defendant's conduct has caused physical damage to the Plaintifrs
property, courts are more likely to give relief when the harm takes a less tangible form,
see Waschak v. Moffat, PA Super 209, 96 A.2d 163 (1953).
0
• sp iawli v Ring Iknl •rr.i nor
Pennsylvania low t'ollows the Uniform Commercial Code (UCC). Under the Right of
• Lateral Support, the UCC states, "the enjoyment and use of land depends upon the
lateral support it receives from adjacent land, and every landowner is entitled to
expect that his land, in its natural condition, will receive this support, If A excavate
upon his land and fails to provide adequate artificial support for the adjoining land of B,
•
the latter may recover for any damages to the soil." see UCC Chapter 44.
When dealing with water the UCC is explicit. It states, "The presence of water
adjacent to, upon or under land, raises special problems and creates certain rights
• and duties in the owner of the land irrespective of any agreement between
individuals. These rights and duties that are peculiar to land on which there is water are
referred to as riparian. A riparian right is a term used to describe the interest which a
• landowner has, for example, in a stream which flows through his property. It is not
surprising that, as a general rule, it is said that a riparian landowner may make whatever
use he chooses of the water PROVIDED HE DOES NOT MATERIALLY
INTERFERE WITH THE RIGHTS OF OTHER RIPARIAN OWNERS TO DO
• THE SAME. A living upstream from A May appropriate the water for use provided he
does not suhstantially diminish the flow through Hs land. A MAY NOT,1101VEVER,
DIVERT THE STREAM OUT OF ITS NATURAL COURSE SO THAT IT NO
• LONGER FLOWS THROUGH B'S LAND.", see UCC Chapter 45 dealing with
riparian rights.
• WITNESSES TO BE CALLED BY PLAINTIFF
Mr. Chad Schaeffer, Project Director, R.J. Fisher & Associates, Engineering
Planning & Surveying, - 1548 Bridge Street, New Cumberland, Pennsylvania 17070
(717) 774-7534.
Mr. Robert B. Walker, Landowner, 412 Belle Vista Drive, Summerdale, PA 17093.
(717) 761-1502 x131.
Mr. John Pietropaoli, Assistant Code Officer, East Pennsboro Township, 98 South
• Enola Drive, Enola, Pennsylvania 17025. (717) 732-0711.
41
• Siaipna Riga Ikni Trial 1kW
Mr. Ronald E. Walborn, General Partner, River Bend Management Limited
• Partnership, 1714 N 2nd Street, Harrisburg, PA 17101 (717) 236-7912
Mr. C. Kenneth Vandenburgh, Managing Partner, River Bend Management Limited
Partnership, 4075 Market Street, Camp Hill, PA 17011 (717) 439-0065
0 LIST OF EXHIBITS
A. Defendant's grading & utility plan far water retention pond.- Exhibit shows the plan
submitted to East Pennsboro Township on March 20, 1997 on the proposed building of
the water retention pond in question.
B. Picture ofactual retention pond & mountain tree destruction picture - Shows how the
building of the retention pond resulted in a huge wall that infringes upon the Plaintiffs
property.
• C. Mountain Tree Destruction Picture - Shows how the building of the retention pond
wall infringes upon the Plaintiffs property.
D. Picture of 7?vpe - D Headwall installed by Defendant - Shows how the Defendant's
plan to run contaminated run-off from their retention pond through the Plaintiffs
• property into public systems.
E. Realty Transfer Tar Statement of Value - Shows fair market value of Plaintiffs
property at time of Plaintiffs purchase.
• F. Land Appraisal Report -Shows fair market value of Plaintiffs property affer
violations by Defendant.
•
0. Non-.sealed plat plat plan for Plaintiff- Exhibit shows existing rock encroachment &
access to Plaintiffs property through Spring Drive.
H. Side angle picture of rock encroachment - Shows side angle picture of rock & bank
encroachment with boundary marker in place.
1. Front picture r f rock encroachment & riparian (water) right violation. - Exhibit
• shows how existing rock encroachment & massive retention pond wall has effectively
"plugged" the water that once flowed through Plaintiffs property.
1.5ealed plat Plan far Plaint ff- Exhibit no longer shows access to Plaintiffs property.
Note how this plat plan dated 10/25199 revises plat plan referred to as Exhibit F, dated
• 10/20/99.
Ll
f ,?.
• Spipoli v Him MW Trial tAfet
K. Picture ojproperty access removal (Side view) - Note how the straw has been strewn
to facilitate grass growth.
•
L. Picture ojproperly access removal (1-1ront view) - Note how the bank had been
excavated.
M. Picture ojMr. Walkers Front Yard- Exhibit shows " ncw" landscaping features as
• taken from Plaintiffs property.
•
CURRENT STATUS OF SETTLEMENT NEGOTIATIONS
No settlement negotiations are in progress
• WHEREFORE, Plaintiff, Rodger E. Sgrignoli Jr., CPA, pro se, ask this Honorable
Court to review and remedy the issues as outlined in the aforementioned paragraphs and
to administer such remedies that would the secure the rights of the Plaintiff to receive a
• fair, just, and equitable determination, and such other relief the Court deems just and
proper.
•
Respectfully Submitted,
•
•
Rodger E. Sgrgnoli Jr., CPA
1 I North Enola Drive
Enola, PA 17025
(717) 732-6235
Dated: October 10, 2000
0
A
A This is to certify that a true copy of foregoing Plaintiffs Trial Brief was delivered, United States
Mal, first-class postage, prepaid this f• 0 111 day of Oct 2000 upon the following:
Daniel K. Deardorff,, Esq.
Ten East High Street
Carlisle, PA 17013
Counsel for.
Riverbend Management
Limited Partnership, Defendant
Rodger . S olJrr 'CPA pro se
I I North Enola Drive
Enola, Pennsylvania 17025
(717) 7326235
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Rodger E. Sgrignoli Jr.,
Plaintiff : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
C(C(- is S93^'
Vs. NO.
River Bend Management Limited
Partnership,
Defendant
:CIVIL ACTION
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17101
(717) 232-7536
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff,
vs.
RIVER BEND MANAGEMENT LIMITED
PARTNERSHIP,
Defendant
NO. 94- &S93
PRELIMINARY INJUNCTION
REQUESTED
COMPLAINT
COMES NOW, Plaintiff, Rodger E. Sgrignoli Jr., Pro se, for this "Complaint" against the
aforementioned Defendant pursuant to the Pennsylvania Rules of Civil Procedure as set forth in
the paragraphs below:
PARTIES
1. Plaintiff, Rodger E. Sgrignoli Jr., Pro se, hereinafter "Sgrignoli", is a domiciliary of the
County of Cumberland within the Commonwealth of Pennsylvania, residing at 11 North Enola
Drive, East Pennsboro Township, Enola, 17025 and at all times relevant hereto is the legal and
legitimate deed holder of property known as parcel identification 09.11-3004-009, Spring Drive
Land, hereinafter referred to as "the land", see Exhibit 1, hereinafter referred to as "the deed".
2. Defendant, River Bend Management Limited Partnership, it's Agents, Partners,
Officers,and/or stockholders, hereinafter "1113", with business offices at 4075 Market Street
Camp Hill, PA 17011, a for profit entity conducting real estate development in the Blue
Mountain, hereinafter "River Bend" within East Pcnnsboro Township, Cumberland County,
Pennsylvania, did with willful, wanton and reckless disregard actively with knowledge and
forethought participate in acts and offenses as described in the paragraphs below causing
damages to Sgrignoli.
3. Venue is proper in Cumberland County, Pennsylvania as the land in located in
Cumberland County, Pennsylvania.
4. On or about, April 12, 1996, Vandenburgh telephones Sgrignoli expressing interest in
purchasing the land, but makes no firm offer.
5. On or about, May 20, 1997, Vandenburgh submits final plan for River Bend to East
Pcnnsboro Township Authorities showing that a retention pond would be built directly above the
land, sec Exhibit 2, hereinafter referred to as "the plan."
6. On or about, June 13, 1997 Sgrignoli telephones Vandenburgh. Vandenburgh informs
Sgrignoli that the land is "no longer needed" for River Bend.
7. On or about, September 15, 1998, the Defendants build mountain water retention pond
infringing upon Sgrignoli's property rights by destroying Sgrignoli's Mountain trees, violating
Sgrignoli's agrarian water right by blocking a natural mountain stream, and place huge mountain
boulders where stream once flowed. See Exhibit 3, Plat Plan furnished by license surveyor R.J.
Fisher & Associates, Incorporated, hereinafter referred to as "Surveyor," and Exhibit 4, Pictures
of Existing Rock Encroachment.
8. On or about, November 29, 1998 Vandenburgh telephones Sgrignoli saying the
Engineers have "recalculated" and again expresses interest in the land, but again makes no firm
offer.
9. On or about, October 8, 1999, Sgrignoli witnesses Defendants excavate Spring Drive.
Sgrignoli immediately questions Defendants' Agent as to such excavation. Defendants' Agent
states that the Defendants' have made an agreement with Mr. Robert B. Walker, neighbor to
reduce the slope of the access to Spring Drive allowing Mr. Walker easier access to his driveway
behind the house.
10. On or about October 8, 1999, Sgrignoli telephones East Pcnnsboro Township
Engineer, Joseph Bonarrigo, hereinafter referred to as "Engineer", questioning him about the
excavation of township property Spring Drive. The Engineer denies any knowledge of such
excavation but promises immediate investigation and notify Sgrignoli of his findings.
11. On or about October 8, 1999, Engineer telephones Sgrignoli stating that
Defendants have agreed to ensure access to Sgrignoli's land remains open.
12. On or about October 20, 1999, Sgrignoli sees completion of unauthorized
restructuring of Spring Drive and notices access to his property had been ctrl, please see Exhibit
5, Photographs of Access Removal, and Exhibit 6, Corrected Plat Plan, from Surveyor showing
access removal.
COUNTI
PROPERTY ENCROACHMENT
13. Sgrignoli replcads the above well-pled paragraphs inclusive,
14. On or about, April 12, 1996, Vandenburgh telephones Sgrignoli expressing interest in
purchasing the land, but makes no firm offer.
r
I5. On or about, May 20, 1997, Vandenburgh submits final plan for River Bend to East i
r
Pcnnsboro Township Authorities showing that a retention pond would be built directly above the
land, see Exhibit 2, hereinafter referred to as "the plan."
16. On or about, June 13, 1997, Sgrignoli telephones Vandenburgh. Vandenburgh
informs Sgrignoli that the land is "no longer needed" for River Bend.
17. On or about, September 15, 1998, the Defendants build mountain water retention
pond infringing upon Sgrignoli's property rights by destroying Sgrignoli's Mountain trees,
3
24. Sgrignoli has suffered damages as a direct result of the Defendants Property
Encroachment, Sgrignoli request that an injunction against all River Bend Real Estate
Development and Sales be issued until such time as he is duly compensated for his loss, and
reimbursed for all cost incurred.
Count 11
FRAUDULENT MISREPRESENTATION
25. Sgrignoli repleads the above well-pled paragraphs inclusive,
26. On or about, April 12, 1996, Vandenburgh telephones Sgrignoli expressing interest in
purchasing the land, but makes no firm offer.
27. On or about, May 20, 1997, Vandenburgh submits final plan for River Bend to East
Pennsboro Township Authorities showing that a retention pond would be built directly above the
land, see Exhibit 2, hereinafter referred to as "the plan."
28. On or about, June 13, 1997 Sgrignoli telephones Vandenburgh. Vandenburgh informs
Sgrignoli that the land is "no longer needed" for River Bend.
29. On or about, September 15, 1998, the Defendants build mountain water retention pond
infringing upon Sgrignoli's property rights by destroying Sgrignoli's Mountain trees, violating
Sgrignoli's agrarian water right by blocking a natural mountain stream, and place huge mountain
boulders where stream once flowed. See Exhibit 3, Plat Plan furnished by license surveyor R.J.
Fisher & Associates, Incorporated, hereinafter referred to as "Surveyor," and Exhibit 4, Pictures
of Existing Rock Encroachment.
30. On or about, November 29, 1998, Vandenburgh telephones Sgrignoli saying the
Engineers have "recalculated" and again expresses interest in the land, but again makes no firm
offer.
31. On or about, October 8, 1999, Sgrignoli witnesses Defendants excavate Spring
Drive. Sgrignoli immediately questions Defendants' Agent as to such excavation. Defendants'
Agent states that the Defendants' have made an agreement with Mr. Robert B. Walker, neighbor
to reduce the slope of the access to Spring Drive allowing Mr. Walker easier access to his
driveway behind the house.
32. On or about October 8, 1999, Sgrignoli telephones East Pennsboro Township
Engineer, Joseph Bonarrigo, hereinafter referred to as "Engineer", questioning him about the
excavation of township property Spring Drive. The Engineer denies any knowledge of such
excavation but promises immediate investigation and notify Sgrignoli of his findings.
33. On or about October 8, 1999, Engineer telephones Sgrignoli stating that
Defendants have agreed to ensure access to Sgrignoli's land remains open.
34. On or about October 20, 1999, Sgrignoli sees completion of unauthorized
restructuring of Spring Drive and notices access to his property had been cW, please see Exhibit
5, Photographs of Access Removal, and Exhibit 6, Corrected Plat Plan, from Surveyor showing
access removal.
35. Sgrignoli's damages directly and proximately caused by the Defendants annihilative
conduct and actions include, but are not limited to the following:
a. Property Access Rights Loss.
b. Mountain Land and Tree Destruction.
c. Agrarian Water Loss.
36. Sgrignoli has suffered damages as a direct result of the Defendants Fraudulent
Misrepresentation, Sgrignoli request an injunction against all River Bcnd Real Estate
Development and Sales be issued until such time as he is duly compensated for his loss, and
E2
reimbursed for all cost incurred.
Count III
TRESPASSING
37. Sgrignoli repleads the above well-pled paragraphs inclusive,
38. On or about, April 12, 1996, Vandenburgh telephones Sgrignoli expressing interest in
purchasing the land, but makes no firm offer.
39. On or about, May 20, 1997, Vandenburgh submits final plan for River Bend to East
Pennsboro Township Authorities showing that a retention pond would be built directly above the
land, sec Exhibit 2, hereinafter referred to as "the plan."
40. On or about, June 13, 1997 Sgrignoli telephones Vandenburgh. Vandenburgh informs
Sgrignoli that the land is "no longer needed" for River Bend.
41. On or about, September 15, 1998, the Defendants build mountain water retention pond
infringing upon Sgrignoli's property rights by destroying Sgrignoli's Mountain trees, violating
Sgrignoli's agrarian water right by blocking a natural mountain stream, and place huge mountain
boulders where stream once flowed. See Exhibit 3, Plat Plan furnished by license surveyor R.J.
Fisher & Associates, Incorporated, hereinafter referred to as "Surveyor," and Exhibit 4, Pictures
of Existing Rock Encroachment.
42. On or about, November 29, 1998, Vandenburgh telephones Sgrignoli saying the
Engineers have "recalculated" and again expresses interest in the land, but again makes no firm
offer.
43. On or about, October 8, 1999, Sgrignoli witnesses Defendants excavate Spring
Drive. Sgrignoli immediately questions Defendants' Agent as to such excavation. Defendants'
Agent states that the Defendants' have made an agreement with Mr. Robert B. Walker, neighbor
to reduce the slope of the access to Spring Drive allowing Mr. Walker easier access to his
driveway behind the house.
44. On or about October 8, 1999, Sgrignoli telephones East Pennsboro Township
Engineer, Joseph Bonarrigo, hercinaficr referred to as "Engineer', questioning him about the
excavation of township property Spring Drive. The Engineer denies any knowledge of such
excavation but promises immediate investigation and notify Sgrignoli of his findings.
45. On or about October 8, 1999, Engineer telephones Sgrignoli stating that
Defendants have agreed to ensure access to Sgrignoli's land remains open.
46. On or about October 20, 1999, Sgrignoli sees completion of unauthorized
restructuring of Spring Drive and notices access to his property had been ma, please see Exhibit
5, Photographs of Access Removal, and Exhibit G, Corrected Plat Plan, from Surveyor showing
access removal.
47. Sgrignoli's damages directly and proximately caused by the Defendants annihilative
conduct and actions include, but are not limited to the following:
a. Property Access Rights Loss.
b. Mountain Land and Tree Destruction.
c. Agrarian Water Loss.
48. Sgrignoli has suffered damages as a direct result of the Defendants Trespassing,
Sgrignoli request that temporary injunction against all River Bend Real Estate Development and
Sales be issued until such time as he is duly compensated for his loss, and reimbursed for all cost
incurred.
COUNT IV
NE( I_ _L LIEN E
49. Sgrignoli repleads the above well-pled paragraphs inclusive,
50. On or about, April 12, 1996, Vandenburgh telephones Sgrignoli expressing interest
in purchasing the land, but makes no firm offer.
51. On or about, May 20, 1997, Vandenburgh submits final plan for River Bend to East
Pennsboro Township Authorities showing that a retention pond would be built directly above the
land, see Exhibit 2, hereinafter referred to as "the plan."
52. On or about, June 13, 1997 Sgrignoli telephones Vandenburgh. Vandenburgh
informs Sgrignoli that the land is "no longer needed" for River Bend.
53. On or about, September 15, 1998, the Defendants build mountain water retention
pond infringing upon Sgrignoli's property rights by destroying Sgrignoli's Mountain trees,
violating Sgrignoli's agrarian water right by blocking a natural mountain stream, and place huge
mountain boulders where stream once flowed. See Exhibit 3, Plat Plan furnished by license
surveyor R.J. Fisher & Associates, Incorporated, hereinafter referred to as "Surveyor," and
Exhibit 4, Pictures of Existing Rock Encroachment.
54. On or about, November 29, 1998 Vandenburgh telephones Sgrignoli saying the
Engineers have "recalculated" and again expresses interest in the land, but again makes no firm
offer.
55. On or about, October 8, 1999, Sgrignoli witnesses Defendants excavate Spring
Drive. Sgrignoli immediately questions Defendants' Agent as to such excavation. Defendants'
Agent states that the Defendants' have made an agreement with Mr. Robert B. Walker, neighbor
to reduce the slope of the access to Spring Drive allowing Mr. Walker easier access to his
driveway behind the house.
56. On or about October 8, 1999, Sgrignoli telephones East Pcnnsboro Township
Engineer, Joseph Bonarrigo, hereinafter referred to as "Engineer', questioning him about the
excavation of township property Spring Drive. The Engineer denies any knowledge of such
excavation but promises immediate investigation and notify Sgrignoli of his findings.
57. On or about October 8, 1999, Engineer telephones Sgrignoli stating that
Defendants have agreed to ensure access to Sgrignoli's land remains open.
58. On or about October 20, 1999, Sgrignoli secs completion of unauthorized
restructuring of Spring Drive and notices access to his property had been ma, please see Exhibit
5, Photographs of Access Removal, and Exhibit 6, Corrected Plat Plan, from Surveyor showing
access removal.
59. Sgrignoli's damages directly and proximately caused by the Defendants
annihilative conduct and actions include, but arc not limited to the following:
a. Property Access Rights Loss.
b. Mountain Land and Tree Destruction.
c. Agrarian Water Loss.
60. Sgrignoli has suffered damages as a direct result of the Defendants Negligence,
Sgrignoli request an injunction against all River Bend Real Estate Development and Sales be
issued until such time as he is duly compensated for his loss, and reimbursed for all cost
incurred.
COUNT V
EMOTIONAL. DISTRESS
61. Sgrignoli repleads the above well-pled paragraphs inclusive,
62. On or about, April 12, 1996, Vandenburgh telephones Sgrignoli expressing
interest in purchasing the land, but makes no firm offer.
63. On or about, May 20, 1997, Vandenburgh submits final plan for River Bend to
East Pennsboro Township Authorities showing that a retention pond would be built directly
above the land, see Exhibit 2, hereinatler referred to as "the plan."
64. On or about, June 13, 1997 Sgrignoli telephones Vandenburgh. Vandenburgh
informs Sgrignoli that the land is "no longer needed" for River Bend.
10
65. On or about, September 15, 1998, the Defendants build mountain water retention
pond infringing upon Sgrignoli's property rights by destroying Sgrignoli's Mountain trees,
violating Sgrignoli's agrarian water right by blocking a natural mountain stream, and place huge
mountain boulders where stream once flowed. See Exhibit 3, Plat Plan furnished by license
surveyor R.J. Fisher & Associates, Incorporated, hereinafter referred to as "Surveyor," and
Exhibit 4, Pictures of Existing Rock Encroachment.
66. On or about, November 29, 1998, Vandenburgh telephones Sgrignoli saying the
Engineers have "recalculated" and again expresses interest in the land, but again makes no firm
offer.
67. On or about, October 8, 1999, Sgrignoli witnesses Defendants excavate Spring
Drive. Sgrignoli immediately questions Defendants' Agent as to such excavation. Defendants'
Agent states that the Defendants' have made an agreement with Mr. Robert B. Walker, neighbor
to reduce the slope of the access to Spring Drive allowing Mr. Walker easier access to his
driveway behind the house.
68. On or about October 8, 1999, Sgrignoli telephones East Pennsboro Township
Engineer, Joseph Bonarrigo, hereinafter referred to as "Engineer", questioning him about the
excavation of township property Spring Drive. The Engineer denies any knowledge of such
excavation but promises immediate investigation and notify Sgrignoli of his findings.
69. On or about October 8, 1999, Engineer telephones Sgrignoli stating that
Defendants have agreed to ensure access to Sgrignoli's land remains open.
70. On or about October 20, 1999, Sgrignoli sees completion of unauthorized
restructuring of Spring Drive and notices access to his property had been on, please see Exhibit
5, Photographs of Access Removal, and Exhibit 6, Corrected Plat Plan, from Surveyor showing
access removal.
71. Sgrignoli's damages directly and proximately caused by the Defendants
annihilative conduct and actions include, but are not limited to the following:
a. Property Access Rights Loss.
b. Mountain Land and Tree Destruction.
c. Agrarian Water Loss.
72. Sgrignoli has suffered emotional distress as a direct result of the Defendants
actions, Sgrignoli request that an injunction against all River Bend Real Estate Development and
Sales be issued until such time as he is duly compensated for his loss, and reimbursed for all cost
incurred.
CONCLUSION
Sgrignoli has suffered grave damages caused by the Defendant's reckless and
unjust destructive conduct. The fear of flood has forever wiped out his plan of owning a home on
the land. The Defendant has refused good faith attempts to mitigate damages. The Plaintiff has
nowhere else to go but to this honorable court for relief.
WHEREFORE, Plaintiff, Rodger E. Sgrignoli Jr., Pro se as a result of the above
described incidents and actions, respectfully request this honorable court to enter Judgment
against the Defendant for the relief as outlined in the above paragraphs, and such other remedies
the Court deems just and proper.
Respectfully Submitted,
RodgeNE. Sgriknoli Jr., Pro se
I 1 North Enola Drive
Enola, PA 17025
(717) 732-6235
October 29, 1999
12
VERIFICATION
WHEREFORE, Plaintiff, Rodger E. Sgrignoli Jr., Pro se, verifics that the
statements made herein arc true and correct in compliance with Pennsylvania Rules of
Civil Procedure.
Rodgcr . S o r., Pro se
1 North Enola Drivc
Ennis, Pennsylvania 17025
(717) 732-6235
October 29, 1999
"a
violating Sgrignoli's agrarian water right by blocking a natural mountain stream, and place huge
mountain boulders where stream once flowed. See Exhibit 3, Plat Plan furnished by license
surveyor R.J. Fisher & Associates, Incorporated, hereinafter referred to as "Surveyor," and
Exhibit 4, Pictures of Existing Rock Encroachment.
18. On or about, November 29, 1998, Vandenburgh telephones Sgrignoli saying the
Engineers have "recalculated" and again expresses interest in the land, but again makes no firm
offer.
19. On or about, October 8, 1999, Sgrignoli witnesses Defendants excavate Spring Drive.
Sgrignoli immediately questions Dcfendants' Agent as to such excavation. Defendants' Agent
states that the Defendants' have made an agreement with Mr. Robert B. Walker, neighbor to
reduce the slope of the access to Spring Drive allowing Mr. Walker easier access to his driveway
behind the house.
20. On or about October 8, 1999, Sgrignoli telephones East Pennsboro Township
Engineer, Joseph Bonar igo, hereinafler referred to as "Enginecr", questioning him about the
excavation of township property Spring Drive. The Engineer denies any knowledge of such
excavation but promises immediate investigation and notify Sgrignoli of his findings.
21. On or about October 8, 1999, Engineer telephones Sgrignoli stating that
Defendants have agreed to ensure access to Sgrignoli's land remains open.
22. On or about October 20, 1999, Sgrignoli sees completion of unauthorized
restructuring of Spring Drive and notices access to his property had been sat, please see Exhibit
5, Photographs of Access Removal, and Exhibit 6, Corrected Plat Plan, from Surveyor showing
access removal.
23. Sgrignoli's damages directly and proximately caused by the Defendants annihilative
conduct and actions include, but are not limited to the following:
a. Property Access Rights Loss.
b. Mountain Land and Tree Destruction.
c. Agrarian Water Loss.
`• LI :li: 00011TY-P.l
UPSET PRICE SALE '96 Al 1U PIS 3 29
T, ax 0111aim Vurratt :49rrb
%ilia Pitt Made this .......Friar[! .............. day or ......Slnnun.U................... I9M,
between the TAX CLAIM BUREAU, of the County of Cumberland. Pennsylvania, as Trustee,
GRANTOR, ¦nd .. Rodger F. SgrlRnol l Jr.
................ ................................ ...............................................................
23 Algona Avantte, F.n.oln PA 17025 .................................................................... flranice
oI llf6firili, that in consideration of S... 1iitli s-V..._. In hand paid, recript whereof is
hereby acknowledged, the said Grantor does hereby grant and ennvey unto the said Granlee, ..!!!.....
heirs and assigns, the certain premises altuate In F.nat Penlnaboro Townehlp
Cumberland County, Pennsylvania, as follows: Boinir the anon tract grnntod and
conveyed from Jnmen A. Murphy, November 1, 1077, Nook 27 11 pngo GRR,
being parcel identification 00-11-3004-000, Spring Uriva-I,nrd,
Aaseanod value 1770
Owner or reputed owner at returned to mid Bureau Fail I.ntnhn Lumber
2300 Ltngleatnwn Road, Ilnrriaburq, PA 17110
the same having been sold by the Tax Claim Bureau to the said granite, on the ...281! y
................. des
.1 September ninety-fives
Anne Unmfnl one thousand nine hundred and ...........:...........................,
after due advertisement according to law, the period of redemption for the payment of sax claims
having expired without the property having been redeemed, or any tax Judgements heretofore having
been entered against the described property having not been satisfied, or no agreement to stay the sale
of the within described property having been entered into. or the within described red estate no longer
remaining in possession of a erquestralor, by Upset Price Sale,
under and by v!nue or the Act or 1917 PL 1369 (Reel Estate Tax Sale Law),
?3o Pilt rss plitrtaf, said Grantor has hereunto caused this Deed to be executed by its
Dirertur the day and year first above written.
TAX CLAIM BUREAU OF
Signed. Seated and Delivered CUMBERLAND COUNTY, PENNSYLVANIA,
in the presence oh TRUSTEE
e ,
...................................................... fly <e' .... .'y..... (SEAL)
Director
COMbIONWkAI.TII Of-' PENNSYLVANIA
see:
COUNTY OF CUIIlll:RI.AND
On this. the ............ J. b. ? ..................... day of .................... ..... T` ....................................... 19%
before me. the prothonotary of the County of Cmnirrrhnd. th uulessigu officer. personally appeared
................ Il.............a lmy . ..............
....... Jneob ... L. Director of the T o% Clam Itureau of the County or
Cumberland, Commonwealth of Pemoylvaida, known it) me to be the prrson described in the foregoing
Instrument and acknowledged that he executed the same in the capacity. A. ?„t?tthe par
poses therein contained. c ill Pihtt® Xiiitrtai, I have hereunto Art my hand and official seal. ?p
.......?G.M1..lisL.....C..t..il..wf b7.La..J?AC?.,?!!.?'j:.../..?1/.?I..1.K7ErtM1•(
uauau CMwueurro rbtar CoWrrtatxnltouat WftAND nf 1alIC a •rli :•nt ? ?.rl' 0
t fdtrlinrslr of 8rolatntt )y,3:PtrrwiLpr:?r/J6•
am cowubs,o„tnwauanuaar t,rxa •'t.xLa.', r.,rr.. ts.
'?-1 necise residence of the grantee herein is aSJrliiorna .......
Sgrignolt Jr., 23 Altoona Avenue, F.nnln PA 17U s?
5WK 133 ME 927 a?tfn D. Ti . .....................?........................
Aaalntnnt Solicitor, Cumborlnnd County
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CIO
RODGER E. SGRIGNOLI, JR.,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
: NO. 99-6593 EQUITY TERM
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
REVISED
NOTICE OF ARBITRATION HEARING
To: Rodger E. Sgrignoli, Jr. River Bend Management L. P.
I I North Enola Drive and c/o Gary E. French, Esquire
Enola, PA 17025 P.O. Box 11963
Harrisburg, PA 17108-1963
c/o Daniel K. Deardorf, Esquire
Ten East High Street
Carlisle, PA 17013
NOTICE IS HEREBY GIVEN that the Arbitration Panel appointed in the above-
captioned matter shall sit for hearing on Wednesday, the 16TH day of August, 2000, at 9:30
AM in the Fifth Floor Hearing Room of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
«'1 Ztk m 7-0e)j)
Date
ROBERT PETER KLINE, ESQUIRE
FRANCIS MARSHALL, ESQUIRE
DOUGLAS MILLER, ESQUIRE
cc: Prothonotary
Court Administrator
1
RODGER E. SGRIGNOLI, JR.,
Plaintiff
VS.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6593 EQUITY TERM
NOTICE OF ARBITRATION HEARING
To: Rodger E. Sgrignoli, Jr. River Bend Management L. P.
I I North Enola Drive and c/o Gary E. French, Esquire
Enola, PA 17025 P.O. Box 11963
Harrisburg, PA 17108-1963
c/o Daniel K. Deardorf, Esquire
Ten East High Street
Carlisle, PA 17013
NOTICE IS HEREBY GIVEN that the Arbitration Panel appointed in the above-
captioned matter shall sit for hearing on Wednesday, the 15th day of August, 2000, at 9:30 AM
in the Fifth Floor Hearing Room of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
IS ;U.u-e 7rJda
Date
i
ROBERT PETER KLINE, ESQUIRE
FRANCIS MARSHALL, ESQUIRE
DOUGLAS MILLER, ESQUIRE
cc: Prothonotary
Court Administrator
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
RODGER E. SGRIGNOLI, JR.,
No. 99-6593 Equity
Plaintiff
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
ANSWER TO RULE TO SHOW CAUSE,
NOW COMES RIVER BEND MANAGEMENT LIMITED PARTNERSHIP, by its
attorneys, Keefer Wood Allen & Rahal, LLP, and files the following Answer to the Court's Rule
to Show Cause dated February 3, 2000.
Defendant has this day served Answers to Plaintiff's Interrogatories, First Set, upon
Plaintiff, a true and correct copy of said Answers, together with a Certificate of Service, being
attached hereto as Exhibit "A" and incorporated herein by this reference.
Dated; February I q 2000 Respectfully submitted,
KEEFER WOOD ALL & RAHAL, LLP
Gary . French, Esquire
Attorney I.D. #25810
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8015
Attorney for River Bend Management
Limited Partnership
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
Io
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Rodger E. Sgrignoli Jr.,
Plaintiff,
VS.
River Bend Management Limited Partnership,
Defendant
NO. 99-6593 Equity
DEFENDENT'S ANSWERS TO
FIRST REQUEST FOR INTERROGATORIES FROM PLAINTIFF TO DEFENDANT
PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure
as amended, you arc required to serve the original on the undersigned of your answers and
objections, if any, in writing and under oath, to the following Interrogatories within thirty (30)
days after service of the Interrogatories.
The answers shall be inserted in the spaces provided following each Interrogatory. If
there is insufficient spaced to answer an Interrogatory, the remainder of the answer shall follow
on a supplemental sheet.
These Interrogatories shall be deemed to be continuing in nature in accordance with
the provisions of Pennsylvania Rules of Civil Procedure, as amended. If between the time of
serving your original answers to the Interrogatories and the time of trial of this matter, you or
anyone acting in your behalf learn the identity and location of additional persons having
knowledge of discoverable facts and the identity of persons expected to be called as expert
witnesses at trial not disclosed in your answers, or if you, or an expert witness obtain information
upon the basis of which you, or he knows that an answer was incorrect when made, or (mows that
an answer though correct when made is no Longer true, then you shall promptly supplement your
Exhibit "A"
1. For each General and Limited Partner, State:
(a) Defendant's full name;
(b) Each other name, if any, which Defendant has used or by which Defendant has
been known, including nicknames;
(c) The full name of Defendant's spouse at the time of the incidents as outlined in
the Complaint and the date and place of said marriage;
(d) The full name of previous spouse(s), if applicable, and the date(s) and place(s) of
Defendant's marriage(s), if applicable;
(e) The address of Defendant's present residence and the address of each other
residence which Defendant has had during the past five (5) years;
(f) Date of Defendant's birth;
(g) Defendant's social security number;
(h) The schools Defendant has attended and the degrees, certificates, certifications or
awards Defendant has been granted, and the date of such.
(a) River Bend Management Limited Partnership
(b) None
(c) None
(d) None
(e) 1714 North Second Street
Harrisburg, PA 17102
(f) 3/20/98
(g) EIN: 25-1806314
(h) None
5
2. For each General and Limited Partner, list the names of any professional
organizations to which Defendant has been or are currently member(s), the date the
Defendant entered such organization, and the address of such, if any.
Defendant is River Bend Management Limited Partnership and is not a member
of any professional organization. As to the general and limited partners of
Defendant, their memberships in professional organizations is irrelevant to
Plaintiffs cause of action and the Interrogatory is, therefore, objectionable.
6
3. List and describe in detail any actual expenses incurred by Defendant during the time
of the incidents as described in the Complaint; not to include legal, billable hours or
general office overhead.
No expenses related to Plaintiffs alleged cause of action in that no
incidents alleged by Plaintiff actually occurred.
7
4. Identify each person who:
(a) was a witness to any of the incident(s) through sight, hearing or by employment
or administrative duties;
(1) if any witness has been or is currently employed by the Defendant, either as a
salaried employee or independent contractor, or has functioned as a salaried
employee or independent contractor during the time of the incident(s), please
provide a detailed explanation of their duty(s) and the name of the
individual(s) or contractor(s) to whom and how the witness(s) reported;
(b) has knowledge of the facts concerning the incident(s) by way of consultation, or
-other circumstances at the scene of any of the incident(s) as outlined in the
Complaint.
(c) list any and all witness(s) complete name, current address, and telephone number:
(1) if any witness(s) was an employee or professional associated of the
Defendant at the time of the incident(s) and no longer would be considered as
such, list such individuals current place of employment, address, and
telephone number.
(d) list any witness(s) business relationship(s), family relationship(s), social or any
other such affiliation(s) to the Defendant, and the length of time of such
relationship(s) and the current status of such relationship.
(a) None
(b) None
(c) None
(d) None
5. If the Defendant has or has had any knowledge of anyone who has given any
statement(s) to any third party: (with the exclusion of counsel as defined by the
Pennsylvania Rules of Civil Procedure), please state:
(a) the name, complete address and telephone number(s) of such person;
(b) when, where, why and by whom and to whom each statement was made and
whether it has been reduced to writing, affidavit, or any other recording medium;
(c) the general subject matter of such communication(s);
(d) the identity of any person who has custody of any such statement(s) that were
reduced to writing or any other recording medium.
(e) *If any of these statement(s) by Defendant or any other individual were duplicated,
shared or accessible to other individuals, firms, practices or insurance carrier
other than Defendant's current employees or law firm, please list such name(s),
complete address(s), and telephone number(s);
(1) if Defendant shared this information to any third party(s), describe the
necessity for such disclosure, in detail; and
(2) the name(s), complete address(s) and telephone number(s) of any such
individual(s) who may still be in possession of any statement(s) reduced to
writing or any other such recording medium.
(a) None
(b) None
(c) None
(d) None
(e) None
6. Identify any document(s), excluding those that the Defendant asserts privileges to
under the Pennsylvania Rules of Civil Procedure, which describe in any context the
incident(s) as described in the Complaint:
(a) name the custodian(s) of said record(s), including the custodian(s) complete
address(s) and telephone number(s); and
(b) describe in detail where, how, why, and when said document(s) were produced.
(a) None
(b) None
10
7. List any non-expert witness(s) the Defendant may or will call during any procedure,
hearing or trial pertaining to this case:
(a) for each individual, contractor, firm, practice, institution or otherwise, please
provide name(s), complete address(s) and telephone number(s);
(b) for each individual, contractor, firm, practice, institution or otherwise, please
describe relationship or affiliation to witness(s); and
(c) describe any of such substance of the facts to which said witness(s) is expected to
testify.
(a) C. Kenney Vandenburgh
The Homestead Group, Inc.
4075 Market Street
Camp Hill, PA 17011
(b) Limited partner for Defendant
(c) None of the facts alleged by Plaintiff in the Complaint
are true, and Plaintiffs Complaint is frivolous and
without merit in the same pattern as prior complaints
filed by Plaintiff.
8. Identify each expert you intend to call as a witness at any procedure, hearing, or trial
pertaining to the Complaint, and;
(a) the subject matter about which the expert is expected to testify;
(b) the substance of the facts and opinions to which the expert is expected to testify
and a summary of the grounds for each opinion, (Defendant may file as their
response to this Interrogatory any written report the expert may have provided);
(c) please list any educational facility, institution, organization, or otherwise
professional association and applicable address(s) of such, where such expert
witness(s) has been employed, is employed or intends to be employed or affiliated
with and describe in detail any activities pertaining to such;
(d) list any degree(s), certification(s), and honor(s) the expert has achieved or has
been honored, where and when received, what any such diplomas or honor may
represent; and
(e) list any case number(s), the state and county of such; provide the date, type of
involvement this expert may have or is currently participating, and the capacity of
any said expert witness(s).
No expert witness will be called based on the facts known at present regarding
Plaintiff's cause of action. Defendant reserves the right to retain an expert at
a later date, if facts developed during discovery warrant such action. Defendant
will advise Plaintiff immediately of the retention of an expert, if any.
12
9. Identify all exhibits Defendant intends to use at any proceeding, hearing, or trial
pertaining to any incident(s) concerning these matters and state whether such exhibits
will be used during the liability or damage phases of the trial.
None
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13
10. If Defendant intents to use any book(s), magazine(s), or any other such written
material at trial, or any other proceedings related to this case, please state:
(a) the name of each book, magazine or any other such written material;
(b) the author(s) of each individual book, magazine or any other such written
material;
(c) if any other of these written were published or printed in any other form,
including brochures, television, video, computer programs, data banks,
instructional materials or any other visual or written form, please state:
(1) the name of such publication;
'(2) the name of the publisher or producer;
(3) the release date of such;
(d) the name, complete address, and telephone number(s) of any such writings as
described in the above, and;
(e) the identity of the custodian of any such materials as described in these
paragraphs, to include such person complete address and telephone number(s),
Not Applicable
14
11, Please list any colleagues Defendant has sought employment or partnerships with:
(a) please list name of any such individual(s), name of business, sole-proprietorship,
partnership, or corporation, professional association, complete address, and
telephone number.
(b) Please describe in detail the reasons such relationship or affiliation did not occur
(c) If Defendant worked in any capacity with any said individual(s) or entity(s) as
described in these Interrogatories, please describe in detail the services
performed, reason for affiliation, date, time, and place of event(s).
None
15
12. Name and describe any other Civil or Criminal Complaints filed by or against the
Defendant in this action currently pending before any Court:
(a) provide the date(s) filed, case number(s), venue, name(s) address(s), and
telephone number(s) of Plaintiff(s) and Defendant(s), if known, and;
(b) description of subject matter and charges alleged for each; and
(c) case(s) status; and
(d) description of any settlement(s) or other such remedy(s).
None
16
13. List any Complaint(s) filed against the Defendant with the Better Business Bureau,
other consumer advocate group(s), and/or, licensing board(s) in any U.S. State or
foreign country, and where applicable provide:
(a) date filled, filing number, venue, name(s) complete address(s) and telephone
number(s) of those involved; and
(b) description of subject matter(s); and
(c) any investigative determination(s); and
(d) case(s) status; and
(e) description of any settlement or other such remedies.
None
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14. Provide a list of all River Bend sales agreement(s) pending, or closed to any
individual(s) or any other such entity(s) providing:
(a) name(s), complete address(s), and telephone number(s) of such individual(s) or
entity(s); and
(b) closing date of any prior sale(s), and;
(c) estimated closing date of any pending sale(s);
Objection raised to form and content of Interrogatory. Sales Agreements
for lots within River Bend are irrelevant to Plaintiff's alleged cause of
action and are not likely to lead to admissible evidence. The Sales
Agreements are privileged business agreements between buyers and
Defendant.
18
15. List any jurisdiction where any partner of River Bend Management Limited
Partnership have had license(s) revoked or suspended for any reason, listing;
(a) any such reason(s) for revocation or suspension; and
(b) date of such revocation or suspension; and
(c) the circumstance surrounding such revocation or suspension.
None
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16. List any institutions or governmental licensing board(s) where any partner of River
Bend Management Limited Partnership may have been denied entry, position, or
licensing, providing:
(a) date; and
(b) reason for denial; and
(c) if reasor. written, custodian or any such record(s), to include name(s), complete
address(s), and telephone number(s) of said individual(s) or entity(s); and
(d) the specific substance of any such communication(s).
None
20
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17. List any entity that provided certified or other financial statements to the Defendant in
the past five (5) years, to include:
(a) date(s)
(b) name(s), complete address(s), and telephone number(s) of any such provider(s);
and
(c) where such documents are maintained to include custodian(s) name, complete
address, and telephone number(s).
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?he undwdpwd, Rau1d P. WtlboM Sr., haeby vaida tad =a that:
I . He is Pmideot of Rivw Bead Manapwmmt Company, and Genud Putner of
River Head Mmgemeot I3mitsd Patpaehip, Dadodaat bercK
2. He it admind to make thlt Vaifiadon on its bolutt;
3. no dots w bih In the foregoing Anwar to Iatatogatorim as t= ad ooa:at
to the belt of her bwwWds% iafarmation and helie$ sod
4.. He h arm that Ma smemeou herein ate made tubjw to the p=Wcs of
18 PLC.S. 14904, rdstieg to unwom fiMcttion to authorities.
.
'RONALD E. WA OW, SR ,
Date: Febtuuy 14 2000
CERTIFICATE OF SERVICE
I, Gary E. French, Esquire, one of the attorneys for defendant hereby certify that I have
served the foregoing Defendant's Answers to First Request for Interrogatories from Plaintiff to
Defendant this date by depositing a true and correct copy of the same in the United States mail,
first-class postage prepaid, addressed as follows:
Rodger E. Sgrignoli, Jr.
11 North Enola Drive
Enola, PA 17025
KEEFER WOOD ALLEN & RAHAL, UP
B
Gary . Fren
Dated: February Iq , 2000
CERTIFICATE OF SERVICE
I, Gary E. French, Esquire, one of the attorneys for defendant hereby certify that I have
served the foregoing Defendant's Answer to Rule to Show Cause this date by depositing a true
and correct copy of the same in the United States mail, first-class postage prepaid, addressed as
follows:
Rodger E. Sgrignoli, Jr.
11 North Enola Drive
Enola, PA 17025
KEEFER WOOD ALLEN & RAHAL, UP
B
Gary ? L-
rench
Dated: February 14. 2000
1% ` 14
RODGER E. SGRIGNOLI, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
CIVIL ACTION -EQUITY
: NO. 99-6593 EQUITY TERM
ORDER OF COURT
AND NOW, this 3r Iday of February, 2000, upon consideration of Plaintiff's
Request for Judicial Order Requiring Defendant Answer First Request for Interrogatories
from Plaintiff to Defendant, a Rule is hereby issued upon Defendant to show cause why
the relief requested should not be granted.
RULE RETURNABLE within 30 days of service.
BY THE COURT,
k2
Rodger E. Sgrignoli, Jr.
I I North Enola Drive
Enola, PA 17025
Plaintiff, Pro Se
Gary E. French, Esq.
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Attorney for Defendant
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JAN 2 8 2000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff, No. 99-6593
Va. CIVIL ACTION - EQUITY
RIVER BEND MANAGEMENT LIMITED JURY TRIAL DEMANDED
PARTNERSHIP, Defendant
ORDER
COMES NOW, this day of , 2000,
Defendant is ORDERED to answer Plaintiff's First Request For
Interrogatories From Plaintiff To Defendant within thirty (30)
days of service of this order.
For the Court,
Judge Guido
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff,
Va.
RIVER SEND MANAGEMENT LIMITED
PARTNERSHIP, Defendants
No. 99-6593
CIVIL ACTION - EQUITY
JURY TRIAL DEMANDED
PLAINTIFF'S REQUEST FOR JUDICIAL ORDER REQUIRING DEFENDANT
ANSWER FIRST REQUEST FOR INTERROGATORIES FROM PLAINTIFF TO
COMES NOW, Plaintiff, Rodger E. Sgrignoli Jr., Pro se,
for this "Plaintiff's Request For Judicial Order Requiring
Defendant Answer First Request For Interrogatories From
Plaintiff To Defendant", against the aforementioned Defendant
pursuant to the Pennsylvania Rules of Civil Procedures, as set
forth in the paragraphs below:
1. On November 30, 1999, this honorable court directed
Plaintiff to list matter for trial upon completion of
pleadings and discovery.
2. On December 18, 1999, Plaintiff served defense counsel First
Request For Interrogatories From Plaintiff To Defendant
requesting such interrogatories be answered and forwarded to
the Plaintiff within thirty (30) days, see Exhibit 1, First
Request For Interrogatories From Plaintiff To Defendant.
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3. on January 19, 2000, Plaintiff contacted Defense Counsel
requesting status of overdue Interrogatories, see Exhibit 20
Request For Status.
4. Plaintiff's request for status was denied, failure to
acknowledge.
WHEREFORE, Plaintiff, Rodger E. Sgrignoli Jr., Pro
se, as a result of the above described actions, respectfully
request this honorable court order Defendant answer Plaintiff's
First Request For Interrogatories From Plaintiff To Defendant.
Respectfully Submitted,
Rodger E. Sgrignoli Jr., Pro se
11 North Enola Drive
Enola, PA 17025
(717) 732-6235
Dated: January 25, 2000
i . i
CERTIFICATE OF SERVICE
This is to certify that a true copy of the foregoing Plaintiff's Request For Judicial Order
Requiring Defendant Answer First Request For Interrogatories From Plaintiff To
Defendant was served by Regular United States Mail, postage prepaid, this 25'h day of January,
2000, upon the following:
Gary E. French, Esquire
Keefer, Wood, Allen & Rahal, LLP
210 Walnut Street
PO Box 11963
Harrisburg, PA 17108-1963
Counsel for:
River Bend Management Limited Partnership
C/O Homestead Group Realty
4075 Market Street
Camp Hill, PA 17011
Respectfully submitted,
9&?Wz
Rodger . ignoli Jr., pro se
1 l North Enola Drive
Enola, Pennsylvania 17025
(717) 732-6235
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EXHIBIT 1
Rodger E. Sgrignoli Jr.,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
to
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Vs.
River Bend Management Limited Partnership,
Defendant
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NO. 99-6593 Equity
FIRST REQUEST FOR INTERROGATORIES FROM PLAINTIFF TO DEFENDANT
PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure
as amended, you are required to serve the original on the undersigned of your answers and
objections, if any, in writing and under oath, to the following Interrogatories within thirty (30)
days after service of the Interrogatories.
The answers shall be inserted in the spaces provided following each Interrogatory. If
there is insufficient spaced to answer an Interrogatory, the remainder of the answer shall follow
on a supplemental sheet.
These Interrogatories shall be deemed to be continuing in nature in accordance with
the provisions of Pennsylvania Rules of Civil Procedure, as amended. If between the time of
serving your original answers to the Interrogatories and the time of trial of this matter, you or
anyone acting in your behalf learn the identity and location of additional persons having
knowledge of discoverable facts and the identity of persons expected to be called as expert
witnesses at trial not disclosed in your answers, or if you, or an expert witness obtain information
upon the basis of which you, or he knows that an answer was incorrect when made, or knows that
an answer though correct when made is no longer true, then you shall promptly supplement your
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original answers under oath to include such information thereatler acquired and promptly furnish
such a supplemental answer on the undersigned.
"Document" means any written, printed, typed, or other graphic matter of any kind or
nature, however produced or reproduced, including magnetic tapes, discs, data cells, drums. and
other data compilations from which information can be obtained.
"Identify" or "Identity" means when used in reference to:
(1) A nature person; his or her;
(a) full name, and
(b) present or last known residence and employment address including street
name and number, city or town, and state or country);
(2) A document;
(a) its description (e.g., letter, memorandum, report, etc.), and date;
(b) its subject matter;
(c) its author's identity;
(d) its addressee's identity;
(c) its present location; and
(f) its custodian's identity;
(3) An oral communication;
(a) its date,
(b) the place where occurred
(c) the identity of each person to whom the communication was made; and
(d) the identity of each person who was present when such communication was
made,
(4) A corporate and/or partnership erttity;
(a) its full corporate and/or partnership name;
(b) its date and place of incorporation, or partnership agreement, if known, and;
(c) its present address telephone number, and e-mail address;
I
: (5) Any other context: a description with sufficient particularity that it may thereafter
he specified and recognized, including relevant dates and places, and the identification of
relevant people, entities, and documents.
s
6 "Incident(s)" means the occurrence(s) that tbrm the basis of causes of action(s) or
I claim(s) for relief set forth in the Complaint of similar pleadings.
s
v "Person" means a natural person, partnership, association, corporation, or governmental
10 entity.
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u "Plaintiff" means Rodger E. Sgrignoli Jr.
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16 "Defendant" means River Bend Management Limited Partnership
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16
17 STANDARD INSTRUCTIONS
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19 (1) Duty to answer: The interrogatories are to be answered in writing, verified,
;u and served upon the undersigned within thirty (30) days of their service on your. Objections
21 must be signed by the attorney making them. In your answers, you must furnish such
n information as is available to you, your employees, representatives, agents, and attorneys. Your
:s answers must be supplemented and amended as required by Pennsylvania Rules of Civil
r, Procedure.
a (2) Claim of privilege: With respect to any claim of privilege or immunity from
26 discovery, you must identify the privilege or immunity asserted and provide sufficient
77 information to substantiate the claim.
(3) Options to produce documents: in lieu of identifying documents in response
w to these Interrogatories, you may provide copies of such documents with the appropriate
sn reference to the corresponding Interrogatories.
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Dated: I W/8/ I I
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Rodger T Sg ignoli Jr., pro se
I I North Enola Drive
Enola, PA 17025
(717) 732-6235
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1. For each General and Limited Partner, State:
(a) Defendant's full name;
(b) Each other name, if any, which Defendant has used or by which Defendant has
been known, including nicknames;
(c) The full name of Defendant's spouse at the time of the incidents as outlined in
the Complaint and the date and place of said marriage;
(d) The full name of previous spouse(s), if applicable, and the date(s) and place(s) of
Defendant's marriage(s), if applicable;
(e) The address of Defendant's present residence and the address of each other
residence which Defendant has had during the past five (5) years;
(f) Date of Defendant's birth;
(g) Defendant's social security number;
(h) The schools Defendant has attended and the degrees, certificates, certifications or
awards Defendant has been granted, and the date of such.
5
2. For each General and Limited Partner, list the names of any professional
organizations to which Defendant has been or are currently member(s), the date the
Defendant entered such organization, and the address of such, if any,
6
3. List and describe in detail any actual expenses incurred by Defendant during the time
of the incidents as described in the Complaint; not to include legal, billable hours or
general once overhead.
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4. Identify each person who:
(a) was a witness to any of the incident(s) through sight, hearing or by employment
or administrative duties;
(1) if any witness has been or is currently employed by the Defendant, either as a
salaried employee or independent contractor, or has functioned as a salaried
employee or independent contractor during the time of the incident(s), please
provide a detailed explanation of their duty(s) and the name of the
individual(s) or contractor(s) to whom and how the witness(s) reported;
(b) has knowledge of the facts concerning the incident(s) by way of consultation, or
other circumstances at the scene of any of the incident(s) as outlined in the
Complaint.
(c) list any and all witness(s) complete name, current address, and telephone number:
(1) if any witness(s) was an employee or professional associated of the
Defendant at the time of the incident(s) and no longer would be considered as
such, list such individuals current place of employment, address, and
telephone number.
(d) list any witness(s) business relationship(s), family relationship(s), social or any
other such affiliation(s) to the Defendant, and the length of time of such
relationship(s) and the current status of such relationship.
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5. If the Defendant has or has had any knowledge of anyone who has given any
statement(s) to any third party: (with the exclusion of counsel as defined by the
Pennsylvania Rules of Civil Procedure), please state:
(a) the name, complete address and telephone number(s) of such person;
(b) when, where, why and by whom and to whom each statement was made and
whether it has been reduced to writing, affidavit, or any other recording medium;
(c) the general subject matter of such communication(s);
(d) the identity of any person who has custody of any such statement(s) that were
reduced to writing or any other recording medium.
(e) If any of these statement(s) by Defendant or any other individual were duplicated,
shared or accessible to other individuals, firms, practices or insurance carrier
other than Defendant's current employees or law firm, please list such name(s),
complete address(s), and telephone number(s);
(1) if Defendant shared this information to any third party(s), describe the
necessity for such disclosure, in detail; and
(2) the name(s), complete address(s) and telephone number(s) of any such
individual(s) who may still be in possession of any statement(s) reduced to
writing or any other such recording medium.
6. Identify any document(s), excluding those that the Defendant asserts privileges to
under the Pennsylvania Rules of Civil Procedure, which describe in any context the
incident(s) as described in the Complaint:
(a) name the custodian(s) of said record(s), including the custodian(s) complete
address(s) and telephone number(s); and
(b) describe in detail where, how, why, and when said document(s) were produced.
10
7. List any non-expert witness(s) the Defendant mayor will call during any procedure,
hearing or trial pertaining to this case:
(a) for each individual, contractor, firm, practice, institution or otherwise, please
provide name(s), complete address(s) and telephone number(s);
(b) for each individual, contractor, firm, practice, institution or otherwise, please
describe relationship or affiliation to wilness(s); and
(c) describe any of such substance of the facts to which said witness(s) is expected to
testify.
8. Identify each expert you intend to call as a witness at any procedure, hearing, or trial
pertaining to the Complaint, and:
(a) the subject matter about which the expert is expected to testify;
(b) the substance of the facts and opinions to which the expert is expected to testify
and a summary of the grounds for each opinion, (Defendant may file as their
response to this Interrogatory any written report the expert may have provided);
(c) please list any educational facility, institution, organization, or otherwise
professional association and applicable address(s) of such, where such expert
witness(s) has been employed, is employed or intends to be employed or affiliated
with and describe in detail any activities pertaining to such;
(d) list any degree(s), certification(s), and honor(s) the expert has achieved or has
been honored, where and when received, what any such diplomas or honor may
represent; and
(e) list any case number(s), the state and county of such; provide the date, type of
involvement this expert may have or is currently participating, and the capacity of
any said expert witness(s).
12
9. Identify all exhibits Defendant intends to use at any proceeding, hearing, or trial
pertaining to any incident(s) concerning these matters and state whether such exhibits
will be used during the liability or damage phases of the trial.
10. If Defendant intents to use any book(s), magazine(s), or any other such written
material at trial, or any other proceedings related to this case, please state:
(a) the name of each book, magazine or any other such written material;
(b) the author(s) of each individual book, magazine or any other such written
material;
(c) if any other of these written were published or printed in any other form,
including brochures, television, video, computer programs, data banks,
instructional materials or any other visual or written form, please state:
(1) the name of such publication;
(2) the name of the publisher or producer;
(3) the release date of such;
(d) the name, complete address, and telephone number(s) of any such writings as
described in the above, and;
(e) the identity of the custodian of any such materials as described in these
paragraphs, to include such person complete address and telephone number(s).
a
14
11. Please list any colleagues Defendant has sought employment or partnerships with:
(a) please list name of any such individual(s), name of business, sole-proprietorship,
partnership, or corporation, professional association, complete address, and
telephone number.
(b) Please describe in detail the reasons such relationship or affiliation did not occur.
(c) If Defendant worked in any capacity with any said individual(s) or entity(s) as
described in these Interrogatories, please describe in detail the services
performed, reason for affiliation, date, time, and place of event(s).
15
12. Name and describe any other Civil or Criminal Complaints filed by or against the
Defendant in this action currently pending before any Court:
(a) provide the date(s) filed, case number(s), venue, name(s) address(s), and
telephone number(s) of PlaintifT(s) and Defendant(s), if known, and;
(b) description of subject matter and charges alleged for each; and
(c) case(s) status; and
(d) description of any settlement(s) or other such remedy(s).
16
13, List any Complaint(s) filed against the Defendant with the Better Business Bureau,
other consumer advocate group(s), and/or, licensing board(s) in any U.S. State or
foreign country, and where applicable provide:
(a) date filled, filing number, venue, name(s) complete address(s) and telephone
number(s) of those involved; and
(b) description of subject matter(s); and
(c) any investigative determination(s); and
(d) case(s) status; and
(e) description of any settlement or other such remedies.
17
14. Provide a list of all River Bend sales agreement(s) pending, or closed to any
individual(s) or any other such entity(s) providing:
(a) name(s), complete address(s), and telephone number(s) of such individual(s) or
entity(s); and
(b) closing date of any prior sale(s), and,
(c) estimated closing date of any pending sale(s);
IN
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15. List any jurisdiction where any partner of River Bend Management Limited
Partnership have had license(s) revoked or suspended for any reason, listing:
(a) any such reason(s) for revocation or suspension; and
(b) date of such revocation or suspension; and
(c) the circumstance surrounding such revocation or suspension.
19
.
16. List any institutions or governmental licensing board(s) where any partner of River
Bend Management Limited Partnership may have been denied entry, position, or
licensing, providing:
(a) date; and
(b) reason for denial; and
(c) if reason written, custodian or any such record(s), to include name(s), complete
address(s), and telephone number(s) of said individual(s) or entity(s); and
(d) the specific substance of any such communication(s).
20
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17, List any entity that provided certified or other financial statements to the Defendant in
the past five (5) years, to include:
(a) dale(s)
(b) name(s), complete address(s), and telephone number(s) of any such provider(s);
and
(c) where such documents are maintained to include custodian(s) name, complete
address, and telephone number(s).
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.
CERTIFICATE OF SERVICE
This is to certify that a true copy of the foregoing First Request For Interrogatories
From Plaintiff To Defendant was served by Regular United States Mail, postage prepaid, this
Ie day of December, 1999, upon the following:
Gary E. French, Esquire
Keefer, Wood, Allen & Rahal, LLP
210 Walnut Street
PO Box 11963
Harrisburg, PA 17108-1963
Counsel for:
River Bend Management Limited Partnership
C/O Homestead Group Realty
4075 Market Street
Camp Hill, PA 17011
Respectfully submitted,
LLB --
Rodger Sg no Jr., pro se
11 North Enola Drive
Enola, Pennsylvania 17025
(717) 732-6235
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Al' V
Page I of I
From: Rodger Sgrignoli <SGRlG CPA SS@email.msn.oom>
To: Gary . E French <gftnch@keeferwood.com>
r" Date: Wednesday, January 19, 2000 4:45 PM
Sub*L- Interrogatories
Dear Mr. French:
I have yet to receive your clients answers to the Interrogatories that I
served upon you. Please indicate the reason for the delay and when 1 should
expect to receive them.
Very truly yours,
Rodger E. Sgrignoli Jr.
-?. JA'N 2 8 2000f '
E
R'
RODGER E. SGRIGNOLI, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - EQUITY
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant NO. 99-6593 EQUITY TERM
NN ORDER OF COURT
AND NOW, this 6 day of March, 2000, upon consideration of Plaintiffs Motion
for Discovery Conference, a discovery conference is scheduled for Wednesday, April 26,
2000, at 2:30 p.m., in chambers of the undersigned judge.
BY THE COURT,
Rodger E. Sgrignoli, Jr.
I 1 North Enola Drive
Enola, PA 17025
Plaintiff, Pro Se
Gary E. French, Esq.
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Attorney for Defendant
oil
J. ey Oler, J .
:rc
,03/29/00 SAT 00:97 FAX 717 732 0235 Rodger E. Sgrignoli Jr.
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IN THE COURT CIF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Rodger E. Sgrignoll Jr.,
Plaintiff,
Vs.
River Bend Management Limited
Pa. tee. hip,
NO. 99-6593 Equity Term
CIVU Action - Equity
..y. . r
002
S r
]??• :?: lit
PLAINTIFF'S MOTION FOR DISCOVERY CONFERENCE
1 ? Rodger E. Sgrignoli Jr., Plaintiff, pro se, request this Honorable Court to grant his
request for a discovery conference. The Plaintiffricems, the Defendant's answers to his
interrogatories as "legally insufficient."
2. On December 19, 1999, Plaintiff served defense counsel First Request For
Interrogatories From Plaintiff To Defendant.
3. On January 19, 2000, Plaintiff contacted Defense Counscl requesting status of overdue
answers to interrogatories. Plaintiff request wits denied failure to acknowledge
4. On January 27, 2000, Plaintiff filed Plaintiffs Request For Judicial Order
Requiring Defendant Answer First Request For interoogatorin From Plaintiff To
Defendant,
5. On February 3. 2000, upon considering Plaintiff's Request For Judicial Order
Requiring Defendant Answer First Interrogatories From Plaintiff To Defendant Court
issues upon Defendant Rule To Show Cause why relief requested should not be granted.
6. On February 14, 3000 Defendant answer's Judge Oler's Rule To Show Cause by
serving upon Plaintiff' "legally insufficient" answers to Plaintiffs Interrogatories.
7. On February 22, 2000, Judge Oler di?charees, without prejudice to Plaintiff: Rule To
Show Cause issued on February 3, 2000.
y 03/25/00 SAT 06:37 FAX 717 732 6235 Rodger E. Sgrienoll Jr.
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WHEREFORE, Plaintiff, Rodger E. Spignoli Jr, respectfully request this Honorable
Court grant his motion for a discovery conference scheduled at a date and time, as to be
determined by the Court.
RespecdWy Submitted,
J
Rodger. S gnoli Jr., Pro se
J I North Enola Drive
Cnola, Pennsylvania 17025
(717) 732-6235
Dated: March 4, 2000
11003
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03/26/00 SAT 09:38 FAX 717 732 8236 Rodser E. Serienoll Jr. Q004
CERTIFICATE OF SERVICE
This is to certify that a true copy of foregoing Plaintiff's Motion For Discovery Conference ass
delivered, United States Mail, first-class postage, prepaid this 4a day of March, 2000, upon the
following:
Gary E. French, Esquire
Keefer, Wood. Allen & Rabal, LLP
210 Walnut Street
Harrisburg, PA 17105
U
Counsel for.
River Head Management
Limited Partnership
Roder B ' . o ' ro so
11 North Enole Drive
Enola, Pennsylvania 17025
.
A
RODGER E. SGRIGNOLI, JR.
V.
RIVER BEND MANAGEMENT LIMITED PARTNERSHIP,
I:: THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0. 99-6593 CIVIL 19
RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially
in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE. THE JUDGES OF SAID COURT:
Daniel K. Deardorff, Esquire , counsel for the VAxQ7mg)Wdefendant in
the above action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ under $25,000
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are other-
wise disqualified to sit as arbitrators: Daniel K. Deardorff, Esauire,
MARTSON DEARDORFF 14ILLIAMS & OTTO, Ten East High Street, Carlisle, PA 17013
and Gary E French, Esquire, KFFFER WOOD ALLEN & RAHAt 27n WAln,rt crrear -Harrisburg
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
AND NOW,
foregoing petit n,
Esq., and
Esq., are appointed arbitrators itt the
above-captioned acteon (or actions) as prayed for.
Respectf ly su itted,
G,
Daniel K. Deardorff, Esqu e
ORDER OF r.Ot'RT
k? " in consideration of the 4 Sy
i r ,
P. J.
au-) !!?-
C:
cal n
nu 60
PYS510 Cumberland County Prothonotary's Office Page 1
Civil Case Inquiry
1999-06593 SGRIGNOLI RODGER E JR (vs) RIVER BEND MANAGEMENT LTD
Reference No..: Filed........: 10/29/1999
Case Type.....: COMPLAINT - EQUITY Time.........: 3:09
Judgment. .. : 00 Execution Date 0/00/0000
Judge Assigned: Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.:
Higher Crt 2.:
General Index Attorney Info
SGRIGNOLI RODGER E JR PLAINTIFF PRO SE
11 NORTH ENOLA DRIVE
ENOLA PA 17025
RIVER BEND MANAGEMENT LIMITED DEFENDANT FRENCH GARY E
PARTNERSHIP
4075 MARKET STREET DEARDORFF DANIEL K
CAMP HILL PA 17011
+ Date Entries •
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
10/29/0099 COMPLAINT - EQUITY - PRELIMINARY INJUNCTION
-------------------------------------------------------------------
10/29/0099 PETITION FOR PRELIMINARY INJUNCTION
------------------------------------•-------------------------------
11/10/1999 ORDER OF COURT 11/05/99 PLAINTIFF IS REQUESTING THAT AN INJUNCTION
AGAINST DEFT BE ISSUED " UNTIL SUCH TIME AS HE IS DULY COMPENSATED
FOR HIS LOSS AND REIMBURSED FOR ALL COSTS INCURRED" AND IT
THEREFORE THEREFORE APPEARING THAT NY HAM SUFFERED BY PLAINTIFF
CAN BE COMPENSATED BY THE PAYMENT OF MONETARY DAMAGES THE
REFUES ESTMFOR ANIINJUNCTION IS DENIED EDWARD E GUIDO JUDGE
CO IILED -------------------------------------------------------------------
11/18/1999 PLAINTIFF'S NOTICE OF SERVICE OF COMPLAINT
---------7---------------------------------------------------------
11/18/1999 PLAINTIFF'S REQUEST FOR DECREE FOR PAYMENT OF MONEY PLFF
11/19/1999 PRAECIPE FOR ENTRY OF APPEARANCE GARU E FREMCJ ES? AND KEEFER
WOOD ALLEN & RAHAL LLP AS ATTYS FOR DEF GARY E FRENCH ESQ
- -------------------------------------------------------------
11/19/1999 ANSWER DEFT
-------------------------------------------------------------------
11/30/1999 ORDER 11/30/99 PLAINTIFF'S REQUEST FOR DECREE FOR PAYMENT OF
MONEY IS DENIED AT THIS TIME PLAINTIFF IS DIRECTED TO LIST THE
MATTER FOR TRIAL WHEN ALL PLEADINGS AT DISCOVERY ARE COMPLETED
EDWARD E GUIDO J
NOTICE MAILED 12/02/99
--------------------------------------------------------------------
1/27/2000 PLAINTIFF'S REQUEST FOR JUDICIAL ORDER REQUIRING DEFENDANT ANSWER
FIRST- REQ - UE- ST FOR INTERROGATORIES FROM PLAINTIFF TO DEFENDANT
----------------------------------------------------------------
2/03/2000 ORDER OF COURT 2/03/00 UPON CONSIDERATION OF PLFF'S REQUEST
FOR JUDICIAL. ORDER REQUIRING DEFET ANSWER FIRST REQUEST FOR
INTERROGATORIES FROM PLFF TO DEFT A RULE IS HEREBY ISSUED UPON
DEFT TO SHOW CAUSE. WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED
RULE RETURNABLE WITHIN 30 DAYS OF SE VICE J WESLEY OLER JR JUDGE
COPIES MAILED 2/03/00
-------------------------------------------------------------------
2/15/2000 ANSWER TO RULE TO SHOW CAUSE
------------- -------------------------------------------------------
2/23/2000 ORDER OF COURT 2/22/00 J WESLEY OLER JR JUDGE
COPIES MAILED 2/23/00
--------- - ----------------------------------------------------
3/07/2000 PLAINTIFF" S MOTION-FOR-DISCOVERY-CONFERENCE PLFF
----- ___---------------------------------------------------------
3/28/2000 ORDER OF COURT 3/28/00 IN RE HEARING WEDNESDAY 4/26/00 AT 2:30 PM
J WESLEY OLER JR JUDGE
COPIES MAILED 3/28/00
------ - --------- ----------'--------------------------------------
4/14/2000 ORDER OF COURT 4/14/00 UPON CONSIDERATION OF ATTACHED LETTER
PYS510 CuMberland County Prothonotary's Office Page 2
Civil Case Inquiry
1999-06593 SGRIGNOLI RODGER E JR (vs) RIVER BEND MANAGEMENT LTD
Reference No..: Filed........: 10/29/1999
Case Typpe..... : COMPLAINT.- EQUITY Time.........: 3:09
Judgment. 00 Execution Date 0/00/0000
.fudge Assigned: Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
----------- Case Comments ------------- Higher Crt 1.:
Iliyher Crt 2.:
DATED 4/11/00 FROM DEFT'S COUNSEL THE SUBPOENA ISSUED TO RBOERT B
WALKER IS pUASIIED DISCOVERY CONFERENCE SHEDULED FOR 4/26/00 IN
CHAMBERS IS A CONFERENCE NOT A HEARING J WESLEY OLER JR JUDGE
COPIES MAILED 4/14/00
-------------------------------------------------------------------
5/12/2000 PETITION FOR APPOINTMENT OF ARBITRATORS
- - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
raarraaar#aaararaarrrr+ra+aaraaa#aaaaaaa+a++#a+ara+a+++rr++arrr+aa#rr#a+###rrr++
* Escrow Information
* Fees & Debits B0 +Bal+*rmts/Adl End Hal
***r*r*ark*t+#*a*+#r##r++++aatr+ a*+aP *+at+r ++##+##+##+*#rrr**rrr*r*r*r#rrr
COMPLAINT 35.00 35.00 .00
TAX ON CMPLT .50 .50 .00
SETTLEMENT 5.00 5.00 .00
JCP FEE 5.00 5.00 .00
APPT OF ARBITRA 15.00
-------------- 15.00
---------- --- .00
---------
60.50 60.50 .00
#rartrrrr+a#trt#rrar+rarr+#ararar++arr##rrarrrrrrr+raararrrrraara+rra#arrrr##arr
* End of Case Information
arrr#a+ra++##arar++raaarar+#raat+#aaaaaaaaararaara++a+aaraa#rraaa#r+ra##a#a#rr#r
RODGER E. SGRIGNOLI, JF G 'LEAS Of
Plaintiff NSYLVANIA
V.
RIVER BEND MANAGEME
LIMITED PARTNERSHIP,
Defendant 97?
""'ORDER OI`Cw
AND NOW, this <6k day of June, 2000, upon consideration of Plaintiff's Request
for Judicial Order Requiring Production of Documents of Plaintiff Addressed to
Defendant, a Rule is hereby issued upon Defendant to show cause why the relief
requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
i
J. esley Oler, Jr.,
Rodger E. Sgrignoli, Jr.
I 1 North Enola Drive
Enola, PA 17025
Plaintiff, Pro Sc
ZOb•VO&O
9 Ks
Gary E. French, Esq.
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Attorney for Defendant
:rc
RODGER E. SGRIGNOLI, JR., : IN TI IE COURT Or COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - EQUITY
RIVER BEND MANAGEMENT :
LIMITED PARTNERSHIP,
Defendant NO. 99-6593 EQUITY TERM
ORDER OF COURT
AND NOW, this' bk day of June, 2000, upon consideration of Plaintiff's Request
for Judicial Order Requiring Production of Documents of Plaintiff Addressed to
Defendant, a Rule is hereby issued upon Defendant to show cause why the relief
requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
J. esley Oler, Jr.,? .
Rodger E. Sgrignoli, Jr.
1 I North Enola Drive
Enola, PA 17025
Plaintiff, Pro Sc
Gary E. French, Esq.
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Attorney for Defendant
Zt. 0
173 Ks
:rc
MAY 3 0 200000
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff,
vs.
RIVER BEND MANAGEMENT LIMITED
PARTNERSHIP, Defendant
No. 99-6593
CIVIL ACTION - EQUITY
JURY TRIAL DEMANDED
ORDER OF COURT
CODS NOW, this day of , 2000,
upon consideration of Plaintiff's Request for Judicial
Order Requiring Production Of Documents Of Plaintiff
Address To Defendant, a Rule is hereby issued upon
Defendant to show cause why the relief requested should not
be granted.
RULE RETURNABLE within 30 days of service.
By The Court,
Rodger E. Sgrignoli Jr.
11 North Enola Drive
Enola, PA 17025
Plaintiff, pro se
Gary E. French, Esq.
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Attorney for Defendant
J. Wesley Oler Jr.
a
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff,
va.
RIVER SEND MANAGEMENT LIMITED
PARTNERSHIP, Defendants
No. 99-6593
CIVIL ACTION - EQUITY
JURY TRIAL DEMANDED
JUDGE J. WESLEY OLER Jr.
REQUEST FOR JUDICIAL ORDER REQUIRING PRODUCTION OF DOCUMENTS OF
PLAINTIFF ADDRESSED TO DEFENDANT
Plaintiff hereby respectfully request this honorable
Court issue judicial order requiring Defendant furnish pursuant
to Pennsylvania Rules of Civil Procedure, as amended, at my
expense, or permit the Plaintiff or someone acting on his behalf
to inspect, examine, and copy the following items concerning
this action which are in the possession, custody, or control of
the Defendant, counsel for Defendant, or any other person or
entity acting on behalf of Defendant, including any insurer(s)
for Defendant. Said items were not produced and made available
at first scheduled discovery conference, as requested.
1. All documents prepared by you or by any
representative(s), agents(s) or anyone acting on your behalf,
except your attorney(s), during an investigation of any aspect
of the incidents in question. Such documents shall include any
documents made or prepared through the present time.
f
NOTE: As referred to herein, "documents" includes written,
printed, typed, recorded or graphic matter, however produced or
reproduced, including correspondence, telegrams, other written
communications, data processing storage units, tapes, videos,
films, microfilm, microfiche, contracts, agreements, notes,
memoranda, summaries, analyses, projections, indices, work
papers, studies, test reports, test results, surveys, diaries,
calendar's films, photographs, videos, movies, diagrams,
drawings, sketches, minutes or meetings or any other writing
(including copies of the foregoing, regardless of whether the
parties to whom this request is addressed is not in the
possession, custody or control of the original) now in the
possession, custody or control of Defendant, it's former or
present counsel, agents, employees, partners, officers, insurers
or any other persons anting on their behalf.
2. Corrected plat plan showing compliance with
Pennsylvania Statute (Title 68) Part II Subpart D Chapter 52 5
5210(b)7 showing the extent of the Defendant's planned community
encroaching upon the Plaintiff's land.
3. All statements, including but not restricted to those
defined by Pennsylvania Rules of Civil Procedure, as amended,
signed statements, transcripts of recorded statements or
interviews, or any memoranda or summary of transcripts of
statements or interviews of any party, person or witness, or
their agents or employees, who have any knowledge or information
of the facts concerning or pertaining to the incidents, the
subject matter, the claims, the damages, injuries, or any other
matter involved in or pertaining to this case.
I
4. All correspondence and or contracts between River
Bend Management Limited Partnership and it's excavation
contractor(s).
5. All correspondence, contracts, and or agreements
between River Bend Management Limited Partnership and Robert
Walker.
6. The full proper name and address of Mr. Snyder, Mr.
Vandenburg's purported excavation contractor of Spring Drive.
Any and all excavation companies Mr. Snyder owns, is a partner,
and or a stockholder, and the address of any such
organization(s).
7. All documents or exhibits which you intend to offer
or identify as exhibits and or evidence at any depositions or at
the trial of this matter.
Respectfully Submitted,
I -16
Rodger .grignoli Jr., Pro se
11 North Enola Drive
Enola, PA 17025
(717) 732-6235
Dated: May 17, 2000
This is to certify that a true copy of foregoing REQUEST FOR JUDICIAL ORDER
REQUIRING PRODUCTION OF DOCUMENTS OF PLAINTIFF ADDRESSED TO
DEFENDANT was mailed United State Mail, postage prepaid this 17th day of May, 2000 upon
the following:
Gary E. French, Esquire
Keefer, Wood, Allen & Rahal, LLP
210 Pine Street
PO Box
Harrisburg, PA 17108
Counsel for:
River Bend Management
Limited Partnership
-19&jz
Rodger E. Sgrignoli Jr., Pro se
I 1 North Enola Drive
Enola, Pennsylvania 17025
(717) 732-6235
F TIUSDATAHLEWNEOAL 000162-m I %k
C'W ov"02U so ?m
1"I" d 06010W 112120AM
5050142
RODGER E. SGRIGNOLI, JR.,
Plaintiff
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6593 CIVIL ACTION - LAW
IN EQUITY
DFFFNDANT'S RESPONSE TOR t F TO HOW CAUSE
1. Defendant served upon Plaintiff its Production of Documents in Response to
Plaintiffs Request on or about June 9, 2000. Attached hereto is the cover letter dated June 9, 2000
to Plaintiff along with Defendant's Production of Documents in Response to Plaintiffs Request.
Accordingly, Defendant has complied with Plaintiffs Request for Production of Documents.
Respectfully submitted,
MARTSON DDEARRDOORFF WILLIAMS & OTTO
a a"/,//
Uaniel-K. Deardorff, Esquir
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: June 19, 2000
MARTSON DEARDORFF WILLIAMS & ITo
MDW&O
N •Awla • AOwcwLY
Tim BArr HICN STRRRT
CARusm Pu+NSTLvAm 17013
ThimoNR CI17) 243.3341
FACRMax (717) 243.1850
Imu m www.mdwo.com
June 9, 2000
Mr. Rodger E. Sgrignoli, Jr.
11 North Enola Drive
Enola, PA 17025
Arromm 8c CouNSumm AT IAw
WILLIAM I. MARMN
low B. Fowlu III
DANIu K. DGRbow
THowu J. WtujAms
. IVo V. CTM 111
GwROL B. Fmm JR.•
. CARL C. Ruoff
Ba,uA IIN T WARNUI
MARK A. DuawwA
•BwD Cm mm CmtTuu Snawrr
RE: Rodger E. Sgrignoli, Jr. v. River Bend Management Limited Partnership
? No. 99-6593 - Cumberland County C.1P.P.
Our File No. 3050.162
Dear Mr. Sgrignoli:
Enclosed please find Defendant's Production of Documents in Response to Plaitniffs
Request. Please call me if you have any questions.
Very truly yours,
MARTSON DEARDORFF WILLIAMS & OTTO
Daniel K. Deardorff
DKD/nhn
Enclosure
cc: Gary E. French, Esquire (w/enc.)
Mr. Mike Baker (GL0025285-72) (w/enc.)
W MATAnLFOONROALI.T11162 .4
EXHIBIT "A"
INFORMATION • ADVICE • ADVOCACY'"
Exhibit A
RODGER E. SGRIGNOLI, JR., : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO 99-6593 EQUITY
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
DEFENDANT'S PRODUCTION OF
DOCUMENTS IN RESPONSE TO PLAINTIFF'S RFOUPS
Defendant, RIVER BEND MANAGEMENT LIMITED PARTNERSHIP, by its
attorneys, Martson Deardorff Wiliams & Otto, and Keefer Wood Allen & Rahal, LLP, responds
to Plaintiff's Request for Production of Documents as follows::
1. Neither Defendant nor any representative, agent or anyone acting on Defendant's
behalf, other than Defendant's attorneys, has prepared any document during the investigation of
the alleged incidents set forth in Plaintiffs Complaint. Any document prepared by Defendant's
attorneys is protected from disclosure by the attomey-client privilege and attorney work product.
2. No such document exists.
3. No such document exists.
4. Attached hereto and marked Exhibit A is the written contract between Defendant and
Boyd E. Diller, Inc., the excavation contractor for the River Bend Development.
5. No such document exists.
6. Defendant had no contact with Mr. Snyder and does not know his name and address.
Additionally, Request for Production No. 6 does not request a document and, therefore, is
objectionable.
7. No documentary exhibits have been identified by Defendant at the present time. Any
documents to be used as exhibits will be provided to Plaintiff' if and when such documents are
identified.
Dated: June 1-.1 2000 MARTSON DEARDORFF WILLIAMS & OTTO
By:
Daniel K Deardorff V %.1
Attorney ID #17837
10 East High Street
Carlisle, PA 17013
Phone: (717) 243-3341
Fax: (717) 243-1850
Dated: June 2000 KEEFER WOOD ALLEN & RAHAL, LLP
Gary . Fren , Esquire
Attorney I.D. #25810
210 Walnut Street
Harrisburg, PA 17108.1963
Phone: (717) 255-8015
Fax: (717) 255-8050
Attorneys for Defendant
717 901 0488
Sent by: HOMESTEAD OROUP INC. 717 801 0488; 05/31/00 15:15; Jafrm M945;Page
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ti i
?"' FJ EXCAVATING AND PAVINQ CONTRACTOR •
• MUNICIPAL WASTE TRANSFER
SU&N COnMrjdlonlPoAny
• sewer md"
• WAN YUne
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Sarving MIa Conbai PA Ar" Shka 1040
You an dispose a1 Hour
• Oemokaon a ovw
• Tree Uma a own"
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WW"
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DECEMBER 29, 1997
KEN VANDENBURGH
3718 WALNUT STREET
HARRISBURG, PA 17109
RE; RIVER BEND
PHASE I & II CONSTRUCTION
PER YOUR REQUEST, WE ARE PLEASED TO QUOTE THE POLLOWING ITEMS
TO BE PBRFORMDrD ON THE ABOVE MENTIONED PROJECT.
OF WORK
Roo ION CONT A
TEMP. STONE CONSTRUCTION ENTRANCE 3000 EA S ,.50 S 30 0
18' SILT FENCE INSTALLATION 48980
0 LF 43.00 2,16,0.00
.
TEMPORARY INLET PROTECTION
LF
C. D & E 1883 17.
660
B
OCK LINED SWALES A 33,176.00
00
840
15
.
.
R
.
DIVERSION SWALES W/MATTINO 52280
LF LF 3750 00
TEMP .
,
975.00
.
0
TEMPORARY STONE FILTER DAMS 8 0 EA 1500.00
ORARY BASIN OUTLET STRUCTURES 12,000.00
00
326
TEMP
5
1
6* TOPSOIL REPL (BASINS & SWALES ONLY) 0 CY 2.60
00
1100 .
,
490.00
16
.
.9 AC
5
TEMP. SEED & MULCH (BASINS & SWALES ONLY) ,
OUNT EROSION CONTROL MEASURES 594.937.00
ESTIMATED AM
EXHIBIT A
5620 WERTZVILLE ROAD • ENOLA, PA 17025 -PHONE (717) 766-8403 • PAX (717) 768.8690®raeerc?
lent by: HOl1ESTEAO GROUP INC.
717 901 0480
717 901 0480; 05/31100 15:15; ./SJ11x N945;Pege 3/14
RraR BEND PHASE I & II
DECEMBM 299 1"7
PAGE2
?jrrR JjRAOING ND PREPARATION
CLEARING AND GRUBBING
5.53
AC $2500.00
10
1
S21,375-00
682.40
9
6" TOPSOIL REMOVAL (STOCKPILE) 8,984
484
73 CY
CY .
1.75 .
128,597.00
t
SITE GRADING
Fes, ,
8.189 CY .50 4,094.50
STOCKPILE EXCESS 65 295
0 0
1 EA Cy
3000.00 3.000.00
CAP EXISTING WELL '
LUMP SUM 90.000.00
TREE PLANTING
ACTED TO VANDENBURG CONSTRUCTION, INC.)
(TO BE SUBCONTR
ESTIMATED AMOUNT SITE GRADING & PREPARATION 52564948.90
TALIA
¦?.?al w$ANIT nom
8" SDP--35 WBEDDINd 6'-8' DEPTH
TH
'
' 1,600
!
?3 LF S
? 13.90
16.90 $23,440.00
27,766.70
DEP
•10
S- SDR-35 W/BEDDING 8
S" SDR-35 W/BEDDING l0'•12' DEPTH '
420 LF 16.40
70
27 7,728.00
739.80
3
3
8" DUCTILE IRON W/BEDDING 135
330
1 LF
LF .
16.30 ,
.939.00
6" SDR-33 LATERALS W/BEDDINO ,
45 EA
EA 68.00 3,060.00
4S" X FT 64' WYE STANDARD BRANCH MANHOLES 197.13 130.00
00
280 29,569.50
720.00
6
24" 4 STANDARD FRAME do COVERS 24A
4
0 BA
EA .
400.00 ,
1.600.00
.
g" OUTSIDE DROP CONNECTIONS .
2 0 EA ? 00 1,600
00
TIE INTO EXISTING MANHOLE
ESTIMATED AMOUNT SANITARY SEWER S131o762.70
SAN MY n D LI * ryiCTS nav e (MENIN G M
8" PVC SDR-35 W/BEDDING 6'•8' DEPTH 1330
? IF S
VF 15.90
150.00 $21.147.00
6.?•?
4 FT STANDARD MANHOLE 5
0 EA 280.00 1,400.00
24" 4 STANDARD FRAME & COVER
5.0
.
EA 68.00 x•00
340
an X 6" WYE BRANCH
6" SDR-35 LATERALS W/BEDDNNG 330 LF 16.30
00
250 .00
,705
3
300.00
1
1
TRAFFIC CONTROL 6.0
673 DAYS .
11.30 ,
,739.50
TRENCH PAVEMENT RESTORATION
SEWER BEILL LEVWA DRIVE $43,6,11.50
ESTIMATED AMOUNT SANITARY
717 901 0488
Sent by: HOMESTEAD GROUP INC. 717 001 0488; 05/31100 15:18; ,/otrm M045;Page 4/14
RIVER BEND PHASE I & II
DECEMBER 29,1997
PAGE3
SMSH SEWER DISTALLATION
15" ADS N-12
1210
LF
$ 12.60
S 15,246.00
I8" ADS N-12 702 LF 14.75 10,354.50
24" ADS N-12 1144 LF 19.10 21,850.40
30" CMP SPIRAL RIB 1%6 LF 22.44 44,117.04
36" CMP SPIRAL RIB 744 LF 2626 19.337.44
42" CUP SPIRAL RIB 140 LF 37.94 3.311.60
48" CMP SPIRAL RIB 116 LF 44.11 5,116.76
STANDARD TYPEM INLET 12.0 EA 720.00 8,640.00
TYPE M INLET EXTRA DEPTH 10.0 EA 905.00 9,050.00
STANDARD TYPE C INLET 25.0 EA 750.00 18,750.00
TYPE C INLET EXTRA DEPTH 5,0 EA 890.00 4,450.00
PRECAST DW END WALL 15.0 EA 1,270.00 19,050.00
R4 RIP RAP 180.0 TON 20.00 3.60040
CONCRETE ANTI-SEEP COLLARS 5.0 EA 400.00 2,000.00
TIE INTO EXISTING INLET 2.0 EA 430.00 900.00
ESTIMATED AMOUNT STORM SEWER $187,973.74
WIDENING BELL LE VISTA DRIVE
EXCAVATION AND PREPARATION 667 SY S 3.30 S 2,201.10
6.2A MODIFIED BASE 667 SY 5.70 3.801.90
4w BCBC 667 SY 8.76 5.842.92
1 W ID-2 WEARING COURSE 667 SY 5.60 3,735.20
SAW PAVEMENT EDGE 500 LF 1.00 500.00
300
00
SEAL PAVEMENT EDGE & CURB LINE 1,000 LP .30 .
ESTMATED AMOUNT ROAD WIDEMG 5169381.12
717 901 0488
Bent by: HOMESTEAD GROUP INC. 717 901 0488; 05/31/00 15:18; .10frM 0945;Papa 5/14
RlV= BEND PEE&U 1 & 11
DECZMBER 19.1997
PAGE4
IS" CONCRETE CURB W /BEDDING 8,603 LP S 833 S 71,851.75
r 2A MODIFIED BASE M006 SY 530 63.73130
2' ID-2 BINDER COURSE 12,006 Sy 4.10 49,224.60
,006 3
117 SY 5 533SY 0 0 5 5 4,,823.40
1 W 1D.2 WEARINO COURSE 1 1,
TEMPORARY STONE TURN AROUND 1,11920.10
SEAL CURB LINE BIOS SY 30 2,431.30
ESTWATED AMOUNT STRm PAVING $239,883.15
TOTAL AMOUNT I A 11 CONSTRUCTION S97197IL11
TOTAL AMOUNT PSASE III CONSTRUCTION 16709.70
TOTAL AMOUNT S 19139930741
717 901 0488
Sent by: HOMESTEAD GROUP INC. 717 901 0488; 05/31/00 15:17; ,/gam M945,Page 8/14
RIVER BEND PHASE I & 11
DZCXMBER 29, 1M
PAGE 5
ALL PERMITS, TESTING, BONDING EXPENSES, AND INSPECTION FEES WILL BE
THE RESPONSIBILITY OF THE OWNER.
ALL LAYOUT. GRADES. "SIGHT LINE" TREE MARKINGAND ENGINEERING WILL BE
THE RESPONSIBILITY OF THE OWNER.
V UNSTABLE OR UNSUITABLE CONDITIONS IF ENCOUNTERED WILL BE CORRECTED
ON A TIME AND MATERIAL BASIS IN ADDITION TO THE AMOUNTS QUOTED IN
THIS PROPOSAL.
PRICES QUOTED ARE BASED ON QUANTITIES INDICATED, TAKEN FROM
DRAWINGS, SHEETS #1 THRU #25 PREPARED BY RETTEW ASSOCIATES, INC.
DATED 11/15/96.
v PRICES QUOTED DO NOT INCLUDE STONE BEDDING OR SACKFUL OTHER THAN
AS INDICATED IN THIS PROPOSAL. IF REQUIRED, CRUSHED STONE BEDDING OR
BACKFILL WILL BE INSTALLED AT $10.50 PER TON ADDITIONAL.
PRICES QUOTED DO NOT INCLUDE TOPSOIL REPLACEMENT, SEEDING,
MULCHING, OR LANDSCAPING OTHER THAN INDICATED IN THIS PROPOSAL.
PRICES QUOTED DO NOT INCLUDE REMOVAL OR RELOCATION OF EXISTING
UTILITIES.
PRICES QUOTED INCLUDE MAIN LINE ELECTRICAL TRENCHING AND
? BACKFILLING WITH (7 EA) ROAD CROSSINGS, ADDITIONAL ROAD CROSSINGS
'WILL BE INSTALLED AT $2,000.00 EACH. ONSITE TOPSOIL WILL BE USED FOR
SEPARATION BETWEEN ALL CONDUIT RUNS.
CLEARING AND GRUBBING PRICES QUOTED ARE BASED ON STREET R.O.W. TO
STREET R.O.W., INCLUDING SLOPES. AND INCLUDE "SIGHT LINE" TREE
REMOVAL PER THE TOWNSHIP APPROVED "TREE PRESERVATION AND REMOVAL
PLAN". SAID MATERIAL WILL BE REMOVED FROM THE SITE AND BE RETAINED
J OR SOLD OFF BY BOYD E. DILLER, INC. UNDERGROUND SPRING CONDITIONS IF
ENCOUNTERED WITHIN CUT SLOPES AND STREET RO.W.'S WILL BE DIVERTED
AND CONTROLLED BY BOYD E. DILLER, INC.
TREE PLANTING, PER THE TOWNSHIP APPROVED PLAN TO BE SUBCONTRACTED
TO VANDENBURGH CONSTRUCTION, INC. ON A TIME AND MATERIAL. BASIS AND
WILL NOT EXCEED THE AMOUNT OF $90.000.00.
PRICES QUOTED DO NOT INCLUDE CONCRETE ENCASEMENT. OR PIPE ANCHORS.
PRICES QUOTED ARE BASED ON PERFORMING ALL WORK DURING THE 1998
CONSTRUCTION SEASON. UNIT PRICING FOR ANY WORK REQUIRED AFTER 1998
WILL BE ADJUSTED TO MEET 1999 MATERIAL PRICES.
PAVING PRICES QUOTED ARE BASED ON AN AC-20 OIL PRICE OF $130.00 PER TON.
IF THE AC-20 OIL PRICE IS INCREASED OR DECREASED, ADJUSTMENTS WILL BE
MADE IN OUR QUOTED UNIT PRICES.
717 901 0488
Bent by: HOMESTEAD GROUP INC. 717 901 0488; 05131/00 15:17; ,JaWU M945;Page 7/14
BOYD E. DILL & INC.
RIVER BEND PHASE I A II
DECEMBER 19.1"7
PAGE6
PRICES QUOTED 1>0 NOT INCLUDE ROCK REMOVAL, ROCK IF 13NCOUNTEM
ML BE REMOVED AT THE FOLLOWING UNIT PRICES ADDITIONAL.
J VA
T ENCH ROCK BK BLASTING $45.00 CY DEMOLITION HMNMT & MY
IM VANDENBURGH
DATE ?L&ZZ
ey ? , ? ?
9AVE
rlr 7tl1 wgtm
Sent by: HOMESTEAD GROUP INC. 717 801 0488; 05/31/00 15:17; ,JetrM #045;Page 8/14
• MUNICIPAL WASTE TRANSFER STATION 9
. 9:16 PnperMbn SuvkrG fM Central H4 Alee SJnco 1D40 you an dlpoee"? r:
• 9uee1 Cerrtruceonlpwln0
. Sewer MNrr
• Vtw Ml"
• Oexm OMnege
. epufpmwd Renal
DECEMBER 29, 1997
KEN VANDENBURGH
3718 WALNUT STREET
HARRISBURG, PA 17109
SALIPMAUJU
1»80 ? ? Stw^?
• 0M FurNUM
. Hpuee"how PAtu"
RE: RIVER BEND
PHASE IA CONSTRUCTION
WE ARE PLEASED TO QUOTE THE FOLLOWING ITEMS
PER YOUR REQUEST,
RK TO BE PERFORMED ON THE ABOVE MENTIONED PROJECT.
OF WO
p L AS
STONE CONSTRUCTION ENTRANCE (2 EA) 400 SY $4.00
50
1 5 1,600.00
680.00
4
.
I8• SILT FENCE INSTALLATION 31120 FT
0 EA 45.00
7 ,
313.00
.
TEMPORARY INLET PROTECTION
5.000
MPORARY DIVERSION SWALE W/MATTING t,045FT
3,135 00
0 F 7
TE
TEMPORARY STONE FILTER DAMS
STIMATED AMOUNT EROSION CONTROL MEASURES 510,330.00
E
SITE GRADING AND PREPARATION
CLEARING AND GRUBBING 3.65 AC 52,500.00
976 CY 1.10
2 S 9,123.00
3,273.60
,
60 TOPSOIL REMOVAL (STOCKPILE)
078 CY 1.75
24 42,136.50
,
SITE GRADING CUT
FILL 318 CY .50 159.00
STOCKPILE EXCESS
AMOUNT STTE GRADING & PREPARATION $54,694.10
ESTIMATED
6920 WERT2VILLE ROAD • ENOLA, PA 17026 • PHONE (717) 780.6403 0 FAX (717) 766.8690
717 901 0489
lent by: HOMESTEAD GROUP INC. 717 001 0488; 05/31/00 15:18; jad&C N945;Page 8/14
RIVER BEND PHASE III
DECEMBER 29,1997
PAGE 2
STORM SEWER INUATJA71ON
788
PT S
12.60
S 9,928.80
1S' ADS N-12 24 EA 95.00 2,280.00
15' END SECTIONS 202 FT 14.75 2,979.50
18"ADSN-12 206 FT 19.10 3,934.60
24" ADS N-12 0 PT 22.41 2,019.60
30' CMP SPIRAL RID 0 EA 720.00 5,040.00
STANDARD TYPE (M) INLET .
244
0 TON 20.00 480.00
R-4 RIP RAP .
.
ESTIMATED AMOUNT STORM SEWER UC"2.50
8.2A MODIFIED BASS 5,707 SY $
SY 5.30
10
4 S30,247-10
398.70
23
2' 1D-2 BINDER COURSE 5,707
707
5 SY .
3.90 ,
22,237.30
1 'AN ID-2 WEARING COURSE ,
zsTmATED AMOUNT STREET CONSTRUCTION $759903.10
TOTAL AMOUNT PHASE III 51674$9.70
717 901 04BB
Sent by: HOMESTEAD GROUP INC. 717 901 0408; 05/31/00 15:18; /pdix M945;Pepe 10/14
RIVER BEND PHASE III
DECEMBER 29,1997
PAGE 3
pgo vlcroris PHASE I II & LII
ALL PERMITS, TESTING, BONDING EXPENSES, AND INSPECTION FEES WILL BE
THE RESPONSIBILITY OF THE OWNER
ALL LAYOUT, GRADES, AND ENGINEERING WILL BE THE RESPONSIBILITY OF THE
OWNER
WILL BE CORRECTED
UNSTABLE OR UNSUITABLE
ON A TIME AND MATERIAL. BASIS IN ADDITION TO THE AMOUNTS QUOTED IN
THIS PROPOSAL.
PRICES QUOTED ARE BASED ON QUANTITIES INDICATED, TAKEN FROM
DRAWINGS, SHEETS #1 TH RU #25 PREPARED BY RETTEW ASSOCIATES, INC.
DATED 11115196.
PRICES QUOTED DO NOT INCLUDE STONE BEDDING OR BACKFILL OTHER THAN
AS INDICATED IN THIS PROPOSAL, IF REQUIRED, CRUSHED STONE BEDDING OR
BACKFR.L WILL BE INSTALLED AT $10.50 PER TON ADDITIONAL.
PRICES QUOTED DO NOT INCLUDE TOPSOIL REPLACEMENT, SEEDING,
MUL,CIMG, OR LANDSCAPING OTHER THAN INDICATED IN THIS PROPOSAL.
PRICES QUOTED DO NOT INCLUDE REMOVAL OR RELOCATION OF EXISTING
UTaxrmS.
PRICES QUOTED INCLUDE MAIN LINE ELECTRICAL TRENCHING AND
BAC)MLLING WITH (7 EA) ROAD CROSSINGS, ADDITIONAL ROAD CROSSINGS
WILL BE INSTALLED AT $2,000.00 EACH. ONSITE TOPSOIL WILL BE USED FOR
SEPARATION BETWEEN ALL CONDUIT RUNS.
CLEARING AND GRUBBING PRICES QUOTED ARE BASED ON STREET RO.W. TO
STREET R.O.W., INCLUDING SLOPES. AND INCLUDE "SIGHT LINE" TREE REMOVAL
PER THE TOWNSHIP APPROVED "TREE PRESERVATION & REMOVAL PLAN". SAID
MATERIAL WILL BE REMOVED FROM THE SITE AND BE RETAINED OR SOLD OFF
BY BOYD E. DII.LER, INC. UNDERGROUND SPRING CONDITIONS IF
ENCOUNTERED WITHIN CUT SLOPES AND STREET RO.W.'S WILL BE DIVERTED
AND CONTROLLED BY BOYD E. DILLER, INC.
TREE PLANTING, PER THE TOWNSHIP APPROVED PLAN, TO BE SUBCONTRACTED
TO VANDENBURGH CONSTRUCTION, INC. ON A TIME AND MATERIAL BASIS AND
WILL NOT EXCEED THE AMOUNT OF $90,000.00.
PRICES QUOTED DO NOT INCLUDE CONCRETE ENCASEMENT, OR PIPE ANCHORS.
PRICES QUOTED ARE BASED ON PERFORMING ALL WORK DURING THE 1998
CONSTRUCTION SEASON. UNIT PRICING FOR ANY WORK REQUIRED AFTER 1998
WILL BE ADJUSTED TO MEET 1999 MATERIAL PRICES.
717 901 0499 1
Sent by: HOUESTEAO GROUP INC.
717 801 0488; 05/31/00 15:19
• .•• ;
./ONfvt N945;Pdp• 11/14
RIVER BEND PHASE III
DECEMBER 299 1"7
PAGE 4
PAVING PRICES QUOTED ARE BASED ON AN AC-20 OIL PRICE OF $130.00 PER TON.
IF THIS AC-20 OIL PRICE IS INCREASED OR DECREASED, ADJUSTMENTS WILL BE
MADE IN OUR QUOTED UNIT PRICES.
PRICES QUOTED DO NOT INCLUDE ROCK REMOVAL, ROCK IF ENCOUNTERED
Wa L BE REMOVED AT THE FOLLOWING UNIT PRICES ADDITIONAL.
BULK ROCK BLASTING $25.00 CY RIPPER ROCK $20.00 CY
TRENCH ROCK BLASTING 545.00 CY DEMOLITION HAHAB:R T & M
KEN VANDENBURGH BOYD E, DIIXER, INC.
DATE
I'Yr
DATE,
SEE ATTACHED EXHIBIT "A" (LETTER DATED MARCH 4, 1994) AND
EXHIBIT "B" (LETTER DATED MARCH 239 199") WHICH ARE MADE AN
INTEGRAL PART OF THIS PROPOS I, MASS L I I _ & II DATED
DECEMBER 299 1997.
Sent by: HOMESTEAO GROUP INC.
717 901 0488
717 801 0408; 05131/00 15:19; jefrM /945;Pa9e 12/14
• MUNICIPAL WASTE TRANSFER STATION e
MARCH 4, 1998
KEN VANDENBURGH
HOMESTEAD GROUP INC.
4075 MARKET STREET
CAMP HILL, PA 17011
DEAR KEN:
AS PER YOUR REQUEST I AM WRITING TO CONFIRM THAT THE
"PROPOSAL" OF DECEMBER 29, 1997 FOR RIVERBEND DEVELOPMENT
REPRESENTS OUR CONTRACT WITH YOU WHEN SIGI3ED AND RETURNED BY
YOUR PARTNERSHIP PRINCIPALS.
IF THERE ARE ANY FURTHER QUESTIONS, PLEASE DO NOT HESITATE
TO CALL MS.
CERELY
A TER I. DILLER
WIDITLD
6820 WeRTZVILLE ROAD 0 ENOLA, PA 17025 0 PHONE (717)T04-6403 0 FAX (717) 786.5600
Solving Ole Comet PA At" Slna 1940 you an dieooae of your
• She Pnpetat De?wame" MMwtel
• WON Cp lu=l0nlPeNn9 lee LbT" A ttwnoa
• 3~ Walne . Old Funntute
• VA"I mains • Old APOWW"
• Stan DlalnWe
E4ufPrnW PeMel
717 901 0498
Bent by: HOMESTEAD OROUP INC. 717 801 0488; 05/31/00 15:20; ,/aerm 045;Pege 13/14
VANDRNHURGH CONSTRUCTION, INC.
3130 FISHING CREEK VALLEY ROAD
HARRISBURG, PA 171 12
I14ONi3 (717)699.0957 FAX: 1717) 399.0967 VO:e[NAIL: (717) 066.5496
Mamh23, 1998 - g?rf
Walt Diller
Boyd E. Diner, Inc.
6820 Wertzville Road
Enola, PA 17025-1098
Dear Wait:
As per our recent discussions conceming Rettew's review of your e the
1997 Proposal for the River Bend Plum 1, 11 and 111 construction, p
following:
I. You will assume responsibility for Last Pcnnsboro Township accepting I8
inch concrete curb throughout the project or you will install the 20 inch
concrete curb noted on the plan at no additional cost to River Bend.
2. You will assume responsibility for installing the number of concrete
anliaeep collars required by the Township at no additional charge to River
Bend.
3. You will assume responsibility for installing the Township required trash
racks on the basin outlet structures (one rack for the large basin is now on
site), at no additional charge to River Bend.
4. We are trying to redesign the energy dissipaters for approval by the
Township for which River Bend will pay the cost of installation In the
event the dissipaters detailed on Drawing Sheet 024 of the Plan are
required in exchange for the end walls that were bid, River Betel will pay
the additional sum of $29,090 for their Installation.
ant by: HOMESTEAD GROUP INC.
717 901 0498
717 801 0488; 05/31100 15:20; jute 0945;Page 14114
S. You will InSWI D•H atom inlets Numbers 1 through 7 in Phase Ill.
instead of the M type inlets called for on the Plea. for an additIOnal cost to
[fiver Bend of $12,940.
If the above terms are satisfactory, please sign where indicated below.
Vcryus??
KenVande"'
CKVhmd
BOYD E. DIU E& INC.
By '
Date J ~- 2
1, Daniel K. Deardorff, Esquire, one of the attorneys for defendant hereby certify that 1
have served the foregoing Defendant's Production of Documents in Response to Plaintiff's
Request this date by depositing a true and correct copy of the same in the United States mail,
first-class postage prepaid, addressed as follows:
Rodger E. Sgrignoli, Jr.
11 North Enola Drive
Enola, PA 17025
Dated: June j , 2000
MARTSON DEARDORFF WILLIAMS & OTTO
Ey 7?,j k.
Daniel K. Deardorff
?a
)'i
lips
VERIFICATION
Daniel K. Deardorff, Esquire, of the firm of MARTSON DEARDORFF
WILLIAMS & OTTO, attorneys for Defendant River Bend Management Limited Partnership in the
within action, certifies that the statements made in the foregoing Defendant's Response to Rule to
Show Cause are true and correct to the best of his knowledge, information and belief. He
understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities.
Daniel K. Deardorff, Esquire
CERTIFICATE, OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Defendant's Response to Rule to Show Cause to was served this
date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
Mr. Rodger E. Sgrignoli, Jr.
11 North Enola Drive
Enola, PA 17025
Gary E. French, Esquire
KEEFER, WOOD, ALLEN & RAHAL
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
MARTSON DEARDORFF WILLIAMS & OTTO
Y
ric a D. Eckenroad
Ten Eas;H igh Street
Carlisle, PA 17013
(717) 243-3341
Dated: June 19, 2000
n"
'i
:w
ti..
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR.,
Plaintiff,
vs.
River Bend Management Limited
Partnership,
Defendants
No. 99-6593
ACTION IN EQUITY
JUDGE GUIDO
PLAINTIFF'S NOTICE OF SERVICE OF COMPLAINT
COMES NOW, Plaintiff, Rodger E. Sgrignoli Jr., Pro se,
with Plaintiff's Notice Of Service Of Complaint asserts that the
Defendant in above captioned matter has been served an original
filed copy of the Complaint in accordance with Pennsylvania Rules
of Civil Procedure. See Exhibit 1 for proof of service.
WHEREFORE, in conformance with PA.R.C.P. 402 and 403,
Plaintiff Rodger E. Sgrignoli Jr., notifies this Honorable Court
that the Defendant has been served the Complaint.
Respectfully Submitted,
RodgeVE. drignoli Jr., Pro se
it Enola rive
Enola, Pennsylvania 17025
(717) 732-6235
November 18, 1999
A?
CERTIFICATE OF SERVICE
This is to certify that a true copy of foregoing Plaintiff's Notice of Service of Complaint was
delivered, United States Mail, first-class postage, prepaid this ISth day of November, 1999, upon the
following:
Gary E. French, Esquire
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Counsel for:
River Bend Management
Limited Partnership
Rodger 1?/%griFoi Jr., Pro se
I I North Enola Drive
Enola, Pennsylvania 17025
(717) 732-6235
AFFIDAVIT OF EDNA L. O'BRIAN
1, Edna L. O'Brian, Affiant, being fully sworn, deposes, and states as follows:
1. I am of the age of majority.
2. 1 am a resident of 231 Reeser Road, Camp Hill, Cumberland County, Pennsylvania
17011.
3. On November 1, 1999, in accordance with Pennsylvania rules of civil procedure, I
personally served Ken Vandenburg, Agent, River Bend Management Limited
Partnership, a time-stamped copy of the COMPLAINT, in reference to Sgrignoli v.
River Bend Management Limited Partnership, which was filed in Cumberland
County, Pennsylvania Court of Common Pleas on October 29,1999, being case
number 99-6593-Equity.
4. If called to testify at trial, or any other proceeding relating to the aforementioned civil
action, Affiant would do so in a manner consistent with this affidavit. LLO r fig?
Edna
Appeared Wore VW, the Woersiped votary poblie for the sforemendooodturlsdic?ion, Edna L. O'Brian, who did
take an oath and is personaly ko wn ?o me, and did inter that the fomSoWS is true and eoneet to the best of her
lowwWp and belief, sad did affix hcr sipattae hereto.
Date: t t (I ?' ni Q
Notary Signuun:
ta3TA
SCAT. 04AMES A W
Camp FPJi,
W Camklon
W Commission Expires:
RODGER E. SGRIGNOLI, JR.,
Plaintiff
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO 99-6593 EQUITY
PRAECIPE FOR ENTRY OF APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Please enter the appearance of Gary E. French, Esquire, and Keefer Wood Allen & Rahal,
LLP, as attorneys for the Defendant in the above captioned matter.
Dated: November /J . 1999
KEEFER WOOD ALLEN & RAHAL, LLP
S
B <
Gary E. rend , Esquire
Attorney I.D. #25810
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Ph: (717) 255-8015
Fax: (717) 255-8050
Attorneys for Defendant
River Bend Management
Limited Partnership
I, Gary E. French, Esquire, attorney for Defendant, hereby certify that I have served the
foregoing paper upon Plaintiff this date by depositing a true and correct copy of the same in the
United States mail, first-class postage prepaid, addressed as follows:
Rodger E. Sgrignoli, Jr.
1 I North Enola Drive
Enola, PA 17025
KEEFER WOOD ALLEN & RAHAL, LLP
B Gary
Dated: November. / 6 1999 E?Frendk
-2-
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR
Plaintiff,
va.
River Bend Management Limited
Partnership
Defendant
No. 99-6593
CIVIL ACTION - EQUITY
JURY TRIAL DEMANDED
Judge J. Wesley Oier Jr.
PLAINTIFF'S RESPONSE TO
'S PETITION FOR ARBITRATION
1. On May 11, 2000, Defendant River Bend Management Limited
Partnership through it's counsel Matson, Deardorff, Williams
& Otto filed a petition with this honorable court requesting
this matter be held for arbitration.
2. Plaintiff respectfully request that such petition for
arbitration be denied based on the following reasons:
A. On November 30, 1999, the honorable Edward E. Guido
advised the Plaintiff to list this matter for trial upon
completion of discovery, see Exhibit A, Judge's
Recommendation.
B. Discovery is proceeding, and the case should be ready
for trial within the next several months.
C. At the discovery conference held on April 26, 2000, in
Judge Oler's chamber's, the Plaintiff did not concur
with arbitration.
i
d. This case deals with property encroachment in a zone
classified as residential conservative, with liability
issues better handled through a jury.
Wherefore, Plaintiff, Rodger E. Sgrignoli Jr., pro se
respectfully request this honorable court deny the Defendant
request for Arbitration.
Respectfully Submitted,
Rodger E. Sgrignoli Jr., pro se
11 North Enola Drive
Enola, PA 17025
(717) 732-6235
Dated: May 17, 2000
CERTIFICATE OF SERVICE
This is to certify that a true copy of foregoing PLAINTIFF'S RESPONSE TO
DEFENDANT'S PETITION FOR ARBITRATION was mailed United State Mail, postage
prepaid this 17th day of May, 2000 upon the following:
Daniel K. Deardorff, Esquire
Martson, Deardorff, Williams & Otto
10 E. High Street
Carlisle, PA 17013
Counsel for.
River Bend Management
Limited Partnership
Rodger E. Sgrignoli Jr., Pro se
I 1 North Enola Drive
Enola, Pennsylvania 17025
(717) 732-6235
NOV 2 41*
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff,
Vs.
RIVER BEND MANAGEMENT LIMITED
PARTNERSHIP,
Defendant
NO. 99-6593
Action in Equity
Judge Guido
ORDER
.../ I
COMES NOW, this .3a-t17 day of No Yin A( ,1999, Plaintiffs Request FFo
Decree For Payment Of QMo/ney is a fE.rl) 'i1? ? d _ 1)L% ;e=e r? tW?
?,?/?/?'? vt CA?V I For the Coed,
iw?4
Judge Guido
....N
RODGER E. SGRIGNOLI, JR.,:
Plaintiff
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
No. 99-6593 EQUITY TERM
AND NOW, this 26th day of April, 2000, upon
consideration of Plaintiff's Request for Judicial Order
Requiring Defendant Answer First Request for
Interrogatories from Plaintiff to Defendant, and of
Plaintiff's Motion for Discovery Conference, and following
a conference held in the chambers of the undersigned judge
on Wednesday, April 26, 2000, in which Plaintiff
represented himself, and Defendant was represented by
Daniel Deardorff, Esquire, and Gary E. French, Esquire, it
is ordered and directed that within 30 days of today's
date, Defendant serve upon Plaintiff a verified answer
without objection to the following question:
Identify any witnesses to the construction
of the retention pond which is one of the subjects of the
present litigation who are known to the Defendant.
RK9
By the Court,
i
RODGER E. SGRIGNOLI, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - EQUITY
RIVER BEND MANAGEMENT :
LIMITED PARTNERSHIP,
Defendant : NO. 99-6593 EQUITY TERM
9 ORDER OF COURT
AND NOW, this I I'' day of April, 2000, upon consideration of the attached letter
dated April 11, 2000, from Defendant's counsel, the subpoena issued to Robert B.
Walker is quashed. The discovery conference scheduled for April 26, 2000, in chambers,
is a conference, not a hearing.
Rodger E. Sgrignoli, Jr.
1 l North Enola Drive
Enola, PA 17025
Plaintiff, Pro Se
Gary E. French, Esq.
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Attorney for Defendant
4?
RKS
:rc
BY THE COURT,
HEATH L. ALLEN
N. DAVID BANAL
CHARLES W. RUBCNDALL It
ROBERT L. WELDON
EUGENE E. PCPINSKY. JR.
THOMAS C. WOOD
JOHN H. ENOS tit
GARY C. rRENCH
DONNA S. WELDON
BRADFORD DORRANCC
JErrREY S. STOKES
ROBERT R. CHURCH
STEPHEN L. GROSE
R. SCOTT SHEARER
WAYNE M.PECHT
DONALD M. LEWIS III
BRIDGET M. WHITLEY
BRENOA L. GACKI
sHAWN W. WEIs
ALLAN J. Rossi
JOHN A. rCICHTEL
KEEFER WOOD ALLEN & RAHAL LLP
, ESTABLISHED IN 1078
210 WALNUT STREET -
P. O. BOX 11983 or COUNSEL:
WILLIAM H. WOOD
HARRISBURG, PA 17108.1963 SAMUEL C. MARRY
PHONE (717) 255.9000 WEST shoat orrict:
FAX (717) 255.9050 Its rALLowr1ELD ROAD
- CAMP HILL. PA 17011
LIN NO 23.0716135 (717) 612.5800
WRITU'B DIRECT DIAL:
April I1, 2000
(717) 255-8015
Email Address:
gfrench@kocfcrwood.com
The Honorable J. Wesley Oler, Jr.
Judge's Chambers
Cumberland County Courthouse
High and Hanover Streets
Carlisle, PA 17013
Re: Rodger E. Sgrignoli, Jr. v.
River Bend Management Limited
Partnership: No. 99-6593 Equity Term
Dear Judge Oler:
I received a copy of your Order dated March 28, 2000 in the above matter, a copy of
which is enclosed for your convenience. As you may recall, the plaintiff, Mr. Sgrignoli, is
proceeding prose in this matter.
I have also received on today's mail a copy of a Subpoena issued by the Cumberland
County Prothonotary at the direction of Mr. Sgrignoli. A copy of that Subpoena is enclosed for
your review. It would appear that Mr. Sgrignoli intends to call a fact witness at the discovery
conference to be held in your chambers on April 26.
If you would please, kindly clarify for me, and perhaps for Mr. Sgrignoli, whether you
intend to hear testimony from witnesses during the discovery conference. The discovery
conference was requested by Mr. Sgrignoli, not by our office, but my assumption is that the sole
topic for discussion will involve Mr. Sgrignoli's view on the progress of discovery to date.
Unless directed otherwise by the Court, the defendant was not anticipating the presentation of
witnesses.
Ap,?
??,2j
The Honorable J. Wesley Oler, Jr.
April 11, 2000
Page 2
I would appreciate your guidance on this issue. Thank you for your assistance.
Very truly yours,
KEEFER WOOD ALLEN & RAHAL, LLP
By
Gary E. French
GEF/mer
Enclosures
cc: Rodger E. Sgrignoli, Jr.
Ronald E. Walborn, Partner
i TILESI lATA"WhONmu. Dave: In 1
herd "AM 02 4138 PM
Rood 047aw 02 $193 Pm
RODGER E. SGRIGNOLI, JR.,
Plaintiff
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6593
IN EQUITY
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
CIVIL ACTION - LAW
Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of
Defendant in the above matter.
MARTSON DEARDORFF WILLIAMS & OTTO
By 1r
Daniel K. DeardoiTf, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: April 20, 2000
CERTIFICATE OF SERVICE
1, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praccipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. Rodger E. Sgrignoli, Jr.
1 I North Enola Drive
Enola, PA 17025
Gary E. French, Esquire
KEEFER, WOOD, ALLEN & RAHAL
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
MARTSON DEARDORFF WILLIAMS & OTTO
1
Y low
nc a Eckenroad
en East t High Street
Carlisle, PA 17013
(717) 243-3341
Dated: April 20, 2000
RODGER E. SGRIGNOLI, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - EQUITY
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant : NO. 99-6593 EQUITY TERM
ORDER OF COURT
AND NOW, this JQij day of February, 2000, upon consideration of Plaintiffs
Request for Judicial Order Requiring Defendant Answer First Request for Interrogatories
from Plaintiff to Defendant, and of Defendant's Answer to Rule To Show Cause,
indicating that responses have now been served upon Plaintiff to the interrogatories by
Defendant, the Rule issued on February 3, 2000, is discharged, without prejudice to
Plaintiffs right to file a motion for a discovery conference if he deems the responses
legally insufficient.
J
Rodger E. Sgrignoli, Jr.
I I North Enola Drive
Enola, PA 17025
Plaintiff, Pro Se
Gary E. French, Esq.
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Attorney for Defendant
a-a3-00
RK3
:rc
BY THE COURT,
. I
NOV 2 4'19
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff,
Vs.
RIVER BEND MANAGEMENT LIMITED
PARTNERSHIP,
Defendant
NO. 99-6593
Action in Equity
Judge Guido
ORDER
COMES NOW, this 9d Z/7 day of NOYjnl Z ,1 999, Plaintiff's Request FFo
e, L- e
-0 ?t to-z' . r?
Decree For Payment Of Money is 6IRitbO.. D ?AS t
,J??,;?t? p•d ?Nry For the Court, r
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff,
VS.
RIVER BEND MANAGEMENT LIMITED
PARTNERSHIP,
Defendant
NO. 99-6593
Action in Equity
Judge Guido
PLAINTIFF'S REQUEST FOR DECREE FOR PAYMENT OF MONEY
COMES NOW, Plaintiff, Rodger E. Sgrignoli Jr., Pro se, for this "Plaintiffs Request For
Decree For Payment Of Money" against the aforementioned Defendant pursuant to the
Pennsylvania Rule of Civil Procedure 1521(b) as set forth in the paragraphs below:
1. On or about October 29, 1999, Plaintiff filed a Complaint against aforementioned
Defendant showing prima-facie evidence of property encroachment.
2. On or about October 29, 1999, Plaintiff tiled a "Request for Injunction" against
aforementioned Defendant.
3. On or about November 5, 1999, Judge Guido denied Plaintiffs Request for
Injunction ruling that Plaintiff can obtain relief via payment of money.
WHEREFORE, Plaintiff, Rodger E. Sgrignoli Jr., Pro se as a result of the above described
incidents and actions, respectfully request this honorable court to enter DECREE FOR
PAYMENT OF MONEY against the Defendant for the relief as outlined in the above
paragraphs, and such other remedies the Court decrosjust and proper.
Respectfully Submitted,
Rodgc . S gn i Jr., Pro sc
I I North Enola Drive
Enola, PA 17025
(717) 732-6235
November 18, 1999
CFRTIFICATE OF SERVICE
This is to certify that a true copy of foregoing Plaintiff's Request For Decree For Payment Of
Money was delivered, United States Mail, first-class postage, prepaid this 18th day of November, 1999,
upon the following:
Gary E. French, Esquire
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Counsel for.
River Bend Management
Limited Partnership
Rodger E. ign Jr., Pro se
1 I North Enola Drive
Enola, Pennsylvania 17025
(717) 732.6235
RODGER E. SGRIGNOLI, JR.
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6593 EQUITY
AND NOW, this 5' day of NOVEMBER, 1999, after
reviewing the complaint and it appearing that Plaintiff is
requesting that an injunction against Defendant be issued
"until such time as he is duly compensated for his loss and
reimbursed for all costs incurred" and it therefore
appearing that any harm suffered by Plaintiff can be
compensated by the payment of monetary damages, the request
for an injunction is DENIED.
By the Cpurt
E. Guido, J.
Rodger E. Sgrignoli, Jr.
Ken Vandenburg ,g
:sld
110v 0 3 13991P
11+
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff,
vs.
RIVER BEND MANAGEMENT LIMITED
PARTNERSHIP,
Defendant
CIVIL ACTION - LAW'
No. et-q- - ?5-13 ??l U
PRELIMINARY INJUNCT N
REQUESTED
ORDER
Preliminary Injunction is GRANTED. The Defendant's are hereby ordered to cease all real estate
AND NOW, this
day of
, the Plaintiffs, Petition for
development, sales, and construction related to the River Bend Subdivision in East Pennsboro
Township, Cumberland County, Pennsylvania until further notice.
BY THE COURT,
Judge
t•
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff,
vs.
RIVER BEND MANAGEMENT LIMITED
PARTNERSHIP,
Defendant
CIVIL ACTION - LAW
NO. qq - f Yq3
PRELIMINARY INJUNCTION
REQUESTED
PETITION FOR PRELIMINARY INJUNCTION
COMES NOW, Plaintiff, Rodger E. Sgrignoli Jr., Pro se, for this "Petition For
Preliminary Injunction against aforementioned Defendant pursuant to the Pennsylvania Rules of
Civil Procedure as set forth in the paragraphs below:
1. On October 29, 1999, a Complaint was filed which included a license surveyors plat
plan showing property encroachments by aforementioned Defendants.
WHEREFORE, in accordance with Pennsylvania Rules of Civil Procedure, Plaintiff,
Rodger E. Sgrignoli Jr. respectfully request this honorable court grant Plaintiff's Petition For
Preliminary Injunction against aforementioned Defendant and halt Land Development, Housing
Construction, and Real Estate Sales until such time as Plaintiff is duly compensated for his loss.
Respectfully Submitted,
J^
Rodg E. Sgrignoli Jr., Pro se
October 29, 1999
t, ?.
This is to certify that a true copy of foregoing PETITION FOR PRELIMINARY
INJUNCTION was mailed United State Mail, postage prepaid this 29th day of October, 1999
upon the following:
Ken Vandenburgh,
Homestead Realty Group Inc.
4075 Market Street
Camp Hill, PA 17011
RodgeFE. ioo i Jr., Pro se
I 1 North Enola Drive
Enola, Pennsylvania 17025
(717) 732-6235
October 29, 1999,
RODGER E. SGRIGNOLI, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - EQUITY
RIVER BEND MANAGEMENT :
LIMITED PARTNERSHIP,
Defendant NO. 99-6593 EQUITY TERM
ORDER OF COURT
AND NOW, thisu?Iday of June, 2000, upon consideration of Plaintiff's Request
for Judicial Order Requiring Production of Documents of Plaintiff Addressed to
Defendant, and of Defendant's Response to Rule to Show Cause, and it appearing that
Defendant has now responded to Plaintiff's request for production of documents, the rule
issued on June 8, 2000, is discharged and Plaintiffs request is deemed moot.
BY THE COURT,
Rodger E. Sgrignoli, Jr.
11 North Enola Drive
Enola, PA 17025
Plaintiff, Pro Se
Gary E. French, Esq. \
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-19
Attorney for Defendant /
Daniel K. Deardorff, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendant
CLL., n?w?l.,cl ?. • 1 G 0'
RODGER E. SGRIGNOLI, JR., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO 99-6593 EQUITY
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
ANSWER
NOW COMES, Defendant RIVER BEND MANAGEMENT LIMITED PARTNERSHIP,
by its attorneys Keefer Wood Allen & Rahal, LLP, and files the following Answer to Plaintiffs
Complaint:
1. Admitted.
2. Denied.
3. Admitted.
4. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraph 4 of the Complaint and the
same, therefore, are denied. Strict proof thereof is demanded at the time of trial, if relevant.
5. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraph 5 of the Complaint and the
same, therefore, are denied. Strict proof thereof is demanded at the time of trial, if relevant.
6. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraph 6 of the Complaint and the
same, therefore, are denied. Strict proof thereof is demanded at the time of trial, if relevant.
7. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraph 7 of the Complaint and the
same, therefore, are denied. Strict proof thereof is demanded at the time of trial, if relevant.
8. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraph 8 of the Complaint and the
same, therefore, are denied. Strict proof thereof is demanded at the time of trial, if relevant.
9. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraph 9 of the Complaint and the
same, therefore, are denied. Strict proof thereof is demanded at the time of trial, if relevant.
10. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraph 10 of the Complaint and the
same, therefore, are denied. Strict proof thereof is demanded at the time of trial, if relevant.
11. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraph 11 of the Complaint and the
same, therefore, are denied. Strict proof thereof is demanded at the time of trial, if relevant.
12. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraph 12 of the Complaint and the
same, therefore, are denied. Strict proof thereof is demanded at the time of trial, if relevant.
COUNTI
PROPERTY ENCROACHMENT
13. The corresponding responding averments are incorporated herein by reference.
14-22. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraphs 14 through 22 of the
Complaint and the same, therefore, are denied. Strict proof thereof is demanded at the time of
trial, if relevant.
23. Denied.
24. Denied.
WHEREFORE, Defendant respectfully requests that judgment be entered in its favor and
against Plaintiff, together with attorney's fees and costs of suit.
-2-
COUNT It
25. The corresponding responding averments are incorporated herein by reference.
26-36. Dented. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraphs 26 through 36 of the
Complaint and the same, therefore, are denied. Strict proof thereof is demanded at the time of
trial, if relevant.
WHEREFORE, Defendant respectfully requests that judgment be entered in its favor and
against Plaintiff, together with attorney's fees and costs of suit.
COUNT III
TRESPASSING
37. The corresponding responding averments are incorporated herein by reference.
38418. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraphs 38 through 48 of the
Complaint and the same, therefore, are denied. Strict proof thereof is demanded at the time of
trial, if relevant.
WHEREFORE, Defendant respectfully requests that judgment be entered in its favor and
against Plaintiff, together with attorney's fees and costs of suit.
COUNT IV
49. The corresponding responding averments are incorporated herein by reference.
50-60. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraphs 50 through 60 of the
Complaint and the same, therefore, are denied. Strict proof thereof is demanded at the time of
trial, if relevant.
WHEREFORE, Defendant respectfully requests that judgment be entered in its favor and
against Plaintiff, together with attorney's fees and costs of suit.
-3.
COUNT V
rt,.,___ .
61. The corresponding responding averments are incorporate herein by reference.
62-72. Denied. Defendant is without knowledge or information sufficient to form a belief
as to the truth or accuracy of the allegations set forth in Paragraphs 62 through 72 of Complaint
and the same, therefore, are denied. Strict proof thereof is demanded at the time of trial, if
relevant.
WHEREFORE, Defendant respectfully requests that judgment be entered in its favor and
against Plaintiff, together with attorney's fees and costs of suit.
i
Dated: November b . 1999
KEEFER WOOD AL & RAHAL, LLP
B
Gary . French, Esquire
Attorney I.D. #25810
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Ph: (717) 255-8015
Fax: (717) 255-8050
Attorneys for Defendant
River Bend Management
Limited Partnership
-4.
The undersigned, Ronald E. Walborn, hereby verifies and states that:
1. He is President of River Bend Management Company, General Partner of
Defendant herein;
2. He is authorized to make this Verification on behalf of River Bend Management
Company, General Partner of Defendant herein;
3. The facts set forth in the foregoing Answer are true and correct to the best of his
knowledge, information and belief; and
4. He is aware that false statements herein are made subject to the penalties of
1g Pa.C.S. § 4904, relating to unswom falsification to authorities.
Ronald E. Walborn, President
River Bend Management Company
Dated: November /_S 1999
t^FRTIFICATE OF SERVICE
I, Gary E. French, Esquire, attorney for Defendant, hereby certify that I have served the
foregoing paper upon Plaintiff this date by depositing a true and correct copy of the same in the
United States mail, first-class postage prepaid, addressed as follows:
Rodger E. Sgrignoli, Jr.
11 North Enola Drive
Enola, PA 17025
KEEFER WXAL& AHAL , LLP
By Gary E. French
Dated: November /6.1999
10
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29
M
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
Rodger E. Sgrignoli Jr.,
Plaintiff',
VS.
River Bend Management Limited Partnership,
Defendant
NO. 99-6593 Equity
Jury Trial Demanded
NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE
PROTHONOTARY:
Notice is given that Rodger E. Sgrignoli Jr. appeals from the award of the board of
arbitrators entered in this case on August 16, 2000.
A Jury trial is demanded Y.
RodgcVE. 'gnoli Jr., CPA
Appellant
DATED: g?Z/??
CERTIFICATE OF SERVICE
This is to certify that a true copy of foregoing NOTICE OF APPEAL FROM AWARD OF
BOARD OF ARBITRATORS TO THE PROTHONOTARY was delivered, United States Mail, first-
class postage, prepaid this i t?ii? day of August, 2000 upon the following:
Daniel K. Deardorff, Esq.
Ten East High Street
Carlisle, PA 17013
Counsel for.
Riverbend Management
Limited Partnership, Defendant
Rodger Vgrigi(b Mir, CPA/Appellant
I 1 North Enola Drive
Enola, Pennsylvania 17023
(717) 732-6235
low
1
20110514 Sewuraq,,?i It
)
i
Itiivc'k 3Cr4s? i2UN-1A&C-17LCArr
OATH
In The Court of Common Pleas of
Cumberland County, ?ennsvlvania
110. 9q -_ &S1113 kuu,
lie do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Constitution of this Common-
wealth altd Oiat we will discharge the duc or ur offic with fidelity.
} n t? Chairman
'ij
AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
A•, uI- Ls { 1 'cam c) • fH ?ulKr- ?{?• u4L{ o? }-{J,r ' ?!-j rc L
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1 .•dEL,aS irk T--Vr CLwdLL.LJ• J. $ `' LX) C
Arbitrator encs. (Insert name i.
applicable.) ?? /''? % Date of Hearing: ll,v GtkC Zo&2gD ?? ?!
Chairman
Date of Award: Zocx, trti•::rI: •'ra„?.,,Y f ? ? _
n s
NOTICE OF ENTRY OF AWARD
.low, the 1'6' day of u, yr r•a 19 : ?-; ,, at !i .:f. , the above
award was entered upon the ddcket and notice thereof given by mail cc the
parties or their attorneys.
Arbitrators' compensation to be
paid upon appeal: .rochonocary
Bv:
Deour? %'
3, Q
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I.
ICoDc,LM E, ?f+2?C.NO?I .J IL )
?'IrtniAGc MC Ai T
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OATH
lie do solemnly
the Constitution of
wealth &Hd that we
?? t
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/r fro
In The Court of Cocmon Pleas of
Cumberland County, ?ennsylvania
so.qq ; &S93
swear (or affirm) that we will support, obey and defend
the United States and the Constitution of this Comron-
will discharge the dut or ur offi with fidelity.
02-
Chairman
?AT_Q?y.CCL. _
AWARD G
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
P, s u ?nc?c_. d3 ?cl ,JC' c?e?e2?xMt+nz rct4t? d? sc?h?
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Arbitrato encs. (Insert name if
applicable.)
J a
Date of Hearing: lla Luc, 100n
Chairman
Date of Award:zDa?/inert,
? r
NOTICE OF MRY OF AWARD
Now, the 1?o day of , at /l_ir/ , the above
award was entered upon the duckee and notice thereof given by mail to the
parties or their attorneys.
Arbitrators' compensation to be
paid upon appeal: •PCothonotary
$ 3y:
Deputy
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( xx ) for JURY trial at the next term of civil court.
Y
( ) for trial without a fury.
CAPTION OF CASE
(entire caption must be stated in full)
RODGER E. SGRIGNOLI, JR.,
Plaintiff
V.
RIVER BEND MANAGEMENT LIMITED PARTNERSHIP, ( )
Defendant
(check one)
( ) Assumpslt
(xx) Trespass
( ) Trespass (Motor Vehicle)
(other)
The trial list will be called on October 10, 2000
and
Trials commence on Octnher 30.20M
Pretnals will be held on October 18. 2rtrto -
(Briefs are due 5 days before aretrials.l
(The oany listing this case for trial shall provide
forthwith a copy of the praeCipe to all counsel.
pursuant to local Rule 214.1.)
No. 99-6593 Civil Action Law 19 W.
Indicate the attorney wno will try case for the Party wno tiles finis oraecipe:
Daniel K. Deardorff, Esouira. TPr, Facer High Street, rAr1IZl_e, PA 17ota ---
Inatcate trial counsel for otner parues if known --
This case is reaav for mat.
=r nt Name: Daniel K.-Deardorff, Esquire
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check ones ( X 1 for JURY trial at the next term of civil court.
( ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
RODGER E. SGRIGNOLI, JR.,
vs.
(Plaintiff)
RIVER BEND MANAGD= LIMITED
PARTNERSHIP,
(check one)
( ) Assumpstt
( X) Trespass
( ) Trespass (Motor Vehicle)
(other)
4
The trial list will be called on January 2. 20D1
and
Trials commence on January 29, 2001
vs.
(Oefencann
Pretrtals will be held on January 10, 2001
(Briefs are due 5 days before oretrtals.)
IThe carry listing this case for trial shall provide
forthwith a copy of the praectoe to all counsel.
pursuant to local Rule 214.1.1
No. 99-6593 Civil Action-Law 19 31..
Inotcate the attorney wno will try case for Ine party wno files this oraecloe:
Daniel K. Deardorff, Esquire MAI2CSON, DEARDORFF, WILLIAMS & OM, Ten E. Hi9h St.,
Carlisle, PA 17013
Inmcate trial counsel for otner parties it known Rodger E. Scri rqo_tli, Jr.,_Pro Se, I1 North
Enola Drive, Enola PA 17025
This case is reaov for trai. S,cnec:
(Ai
=.mt Name: Daniel K. Deardorff, Es ire
O.MLLWATAF1LVD0N60AL00L1163dN IA6
060M 109110 11011 AM
Mird OWN1044039rM
7070163
RODGER E. SGRIGNOLI, JR.,
Plaintiff
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
JAN'd 3 2001
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6593
: CIVIL ACTION - LAW
IN EQUITY
DEFENDANT'S OBJECTION TO PLAINTIFF'S MOTION FOR CONTINUANCE
Defendant objects to Plaintiffs Request for a Continuance. This case was previously listed
for Trial in October, 2000 and was continued then at Plaintiffs request so he could obtain an expert
witness. Plaintiff has had months to lake care of this matter.
WHEREFORE, Defendant requests that the Motion for Continuance be dismissed.
Respectfully Submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
By Ytwj r. ? K{'
Daniel K. Deardorff, Esquire
I.D. Numbcr17837
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Defendant
Date: January 23, 2001
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VERIFICATION
Daniel K. Deardorff, Esquire, of the firm of MARTSON DEARDORFF
WILLIAMS & OTTO, attorneys for Defendant in the within action, certifies that the statements
made in the foregoing Defendant's Objection to Plaintiffs Motion for Continuance arc true and
correct to the best of his knowledge, information and belief. He understands that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification
to authorities.
Daniel K. Deardorff, Esquire
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CERTIFICATE OF SERVICE
1, Tricia D. Eckenroad, an authorized agent of Martson Deardorff' Williams & Otto, hereby
certifies that a copy of the foregoing Defendant's Objection to Plaintiffs Motion for Continuance
was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage
prepaid, addressed as follows:
Mr. Rodger E. Sgrignoli, Jr.
11 North Enola Drive
Enola, PA 17025
Gary E. French, Esquire
KEEFER, WOOD, ALLEN & RAHAL
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
MARTSON DEARDORFF WILLIAMS & OTTO
By
T cia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 23, 2001
I'nLl3DATAFILE\DgvEGALIXX?162.ft Irok
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RODGER E. SGRIGNOLI, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6593
RIVER BEND MANAGEMENT CIVIL ACTION -LAW
LIMITED PARTNERSHIP,
Defendant : IN EQUITY
DEFENDANT' OBJF.CTI[xv TO PI AINTI F'
Defendant objects to Plaintiffs Request for a Continuance. This case was previously listed
for Trial in October, 2000 and was continued then at Plaintiffs request so he could obtain an expert
witness. Plaintiff has had months to take care of this matter.
WHEREFORE, Defendant requests that the Motion for Continuance be dismissed.
Respectfully Submitted,
MART?SSOON DEARDORFF WILLIAMS & OTTO
Daniel K. Deardorff, Esquire
I.D. Numbcrl7837
Ten East High Street
Carlisle, PA 17013.3093
(717) 243-3341
Allomeys for Defendant
Date: January 23, 2001
VERIFICATION
Daniel K. Deardorff, Esquire, of the firm of MARTSON DEARDORFF
WILLIAMS & OTTO, attorneys for Defendant in the within action, certifies that the statements
made in the foregoing Defendant's Objection to Plaintiff's Motion for Continuance arc true and
correct to the best of his knowledge, information and belief. He understands that false statements
herein arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification
to authorities.
'/'j- ?- a4:2?z
Daniel K. Deardorff, Esquire
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent of Martson Deardorff Williams & Otto, hereby
certifies that a copy of the foregoing Defendant's Objection to Plaintiffs Motion for Continuance
was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage
prepaid, addressed as follows:
Mr. Rodger E. Sgrignoli, Jr.
11 North Enola Drive
Enola, PA 17025
Gary E. French, Esquire
KEEFER, WOOD, ALLEN & RAHAL
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
MARTSON DEARDORFF WILLIAMS & OTTO
By . Tr cia D. ETen East High Street
Carlisle, PA 17013
(717) 243.3341
Datcd: January 23, 2001
IN THE COURT OF COLON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff,
Va.
RIVER BEND MANAGEMENT LIMITED
PARTNERSHIP, Defendant
No. 99-6593
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
JAN 2 4 2001bo
ORDER OF COURT
COMES NOW, this ZS R, day of Z2j-7u j 7 , 20011
it is hereby ordered that Plaintiff's /MOTION FOR
CONTINUANCE is g a ked.dJ7 J? wI 40 i pf r1J?c? ?cc
?OCC?uSC_ ho &,n111 ? Z e ?poChc'
By The Court, V
Rodger E. Sgrignoli Jr.
11 North Enola Drive
Enola, PA 17025
Plaintiff, pro se
Daniel K. Deardorff, Esq.
10 E High Street
Carlisle, PA 17013
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RODGER E. SGRIGNOLI JR,
Plaintiff,
va.
RIVER BEND MANAGEMENT LIMITED
PARTNERSHIP, Defendant
No. 99-6593
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
JUDGE J. WESLEY OLER Jr.
MOTION FOR CONTINUANCE
Plaintiff hereby respectfully request Motion For
Continuance until such time as Plaintiff's key export witness
objection to testify is ruled upon, see attached.
Respectfully Submitted,
Rodg E Sgrignoli Jr., Pro se
11 North Enola Drive
Enola, PA 17025
(717) 732-6235
Dated: January 19, 2001
CERTIFICATE OF SERVICE
This is to certify that a true copy of foregoing PLAINTIFF'S MOTION FOR
CONTINUANCE was transferred via electronic facsimile 19th day of January, 7001 upon the
following:
Daniel K. Deardorff, Esquire
Martson, Deardorff, Williams & Otto
10 E. High Street
Carlisle, PA 17013
Counsel for:
River Bend Management
Limited Partnership
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Rodger E. Sgrignoli Jr., Pro :,c
I 1 North Enola Drive
Enola, Pennsylvania 17025
(717) 732-6235
ERKIN G ERKIIi
JOHN M. EAKIN
ATM914ty AY LAW
...frt. Iaur "n '*
HECHANICMIRO. PA. 17055
January 19, 2001
Rodger E. Sgrignoli. Jr
1 I North Enola Drive
Enola, PA 17025
T17691 E21f1 P.•
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i.. ,Af01 NIMLI
Rc: Sgrignoli v. River Bend Management
Dear Mr. Sgrignoli:
Enclosed is a stipulation to cancel the subpoena of Mr. O'Byme. Plcase sign
it and return it to the in the enclosed envelope. If it it not received by January 25th,
it will be necessary to ask the Judge to quash the subpoena,
jbwsarn
Enclosures
Sent by FAX and snail
Very truly yours,
Jo1tAPAL'alkin
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7070 113
RODGER E. SGRIGNOLL JR.,
Plaintiff
V.
RIVER BEND MANAGEMENT
LIMITED PARTNERSHIP,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6593
: CIVIL ACTION - LAW
IN EQUITY
TO THE PROTHONOTARY:
Please mark the above captioned case settled and discontinued and issue a certificate
reflecting same.
Date: cI1a I0f
By
Rodger E. g ' oli, Jr., Pro Se
1 I North Enola Drive
Enola, PA 17025
MAR - R 2000
r': 1
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6593 EQUITY
JURY TRIAL DEMANDED
RODGER E. SGRIGNOLI JR,
Plaintiff,
VS.
RIVER BEND MANAGEMENT LIMITED
PARTNERSHIP,
Defendant
ORDER
AND NOW, aRer considering Plaintiffs Motion For a Discovery, it is hereby ordered
that the parties in the above captioned matter shall appear in the judges chambers on the _
Of , 2000 at
a.m./p.m. for a Discovery Conference.
By the Court,
J. Wesley Oler, Jr.
Rodger E. Sgrignoli Jr., Pro se
11 North Enola Drive
Enola, PA 17025
Plaintiff
Gary E. French, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Rodger E. Sgrignoli Jr.,
Plaintiff,
NO. 99-6593 Equity Term
VS.
River Bend Management Limited
Partnership,
Defendant
Civil Action - Equity
PLAINTIFF'S MOTION FOR DISCOVERY CONFERENCE
1. Rodger E. Sgrignoli Jr., Plaintiff, pro se, request this Honorable Court to grant his
request for a discovery conference. The Plaintiff deems the Defendant's answers to his
interrogatories as "legally insufficient."
2. On December 18, 1999, Plaintiff served defense counsel First Request For
Interrogatories From Plaintiff To Defendant.
3. On January 19, 2000, Plaintiff contacted Defense Counsel requesting status of overdue
answers to interrogatories. Plaintiff request was denied failure to acknowledge.
4. On January 27, 2000, Plaintiff filed Plaintiffs Request For Judicial Order
Requiring Defendant Answer First Request For Interrogatories From Plaintiff To
Defendant.
5. On February 3, 2000, upon considering Plaintiffs Request For Judicial Order
Requiring Defendant Answer First Interrogatories From Plaintiff To Defendant Court
issues upon Defendant Rule'ro Show Cause why relief requested should not be granted.
6. On February 14, 2000 Defendant answer's Judge Olcr's Rule To Show Cause by
serving upon Plaintiff "legally insufficient" answers to Plaintiff's Interrogatories.
7. On February 22, 2000, Judge Oler discharges, without prejudice to Plaintiff, Rule To
Show Cause issued on February 3, 2000.
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WHEREFORE, Plaintiff, Rodger E. Sgrignoli Jr. respectfully request this Honorable
Court grant his motion for a discovery conference scheduled at a date and time, as to be
determined by the Court.
Respectfully Submitted,
Rodger. S 'gnoli Jr., Pro se
11 North Enola Drive
Enola, Pennsylvania 17025
(717) 732-6235
Dated: March 4, 2000
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CERTIFICATE OF SERVICE
This is to certify that a true copy of foregoing Plaintiff's Motlon For Discovery Conrerence was
delivered, United States Mail, first-class postage, prepaid this 4" day of March, 2000, upon the
following:
Gary E. French, Esquire
Keefer, Wood, Allen & Rahal, LLP
210 Walnut Street
Harrisburg, PA 17105
Counsel for:
River Bend Management
Limited Partnership
Rodger 'grio iir-,Frro se
I I North Enola Drive
Enola, Pennsylvania 17025