HomeMy WebLinkAbout07-3163JANE S. EBERTS a/k/a S. JANE EBERTS, : IN THE COURT OF COMMON PLEAS OF
16 Annendale Drive : CUMBERLAND COUNTY, PENNSYLVANIA
Carlisle, PA 17015
Plaintiff, CIVIL ACTION - LAW
V.
No. 2007 - S11-3 MICHAEL F. RONCA & SONS, INC.,
179 Mikron Road
Bethlehem, PA 18020 JURY TRIAL DEMANDED
Defendant.
PRAECIPE FOR A WRIT OF SUMMONS
TO: CURTIS R. LONG, PROTHONOTARY
Please enter my appearance on behalf of the Plaintiff, Jane S. Eberts a/k/a S. Jane Eberts. Please issue a
Writ of Summons upon the Defendant, Michael F. Ronca & Sons, Inc. Please have the Sheriff serve the
Defendant at the following address:
MICHAEL F. RONCA & SONS, INC.
179 Mikron Road
Bethlehem, PA 18020
Respectfully, submitted
IRWIN & McKNIGHT
- Z. . 4,
By:
Douglas . Miller, Esquire
Supreme Court I.D. No 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Date: May 24, 2007
To: MICHAEL F. RONCA & SONS, INC.
You are hereby notified that Jane S. Eberts a/k/a S. Jane Eberts, the Plaintiff, has commenced an
action against you which you are required to defend or a default judgment may be entered against you.
PRA)T H NO RY
Date: , 2007 By:
DEPUTY
' Ci j
I OV)
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-03163 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EBERTS JANE S AKA S JANE EBERT
VS
MICHAEL F RONCA & SONS INC
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
MICHAEL F RONCA & SONS INC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of NORTHAMPTON County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On July 2nd , 2007 , this office was in receipt of the
attached return from NORTHAMPTON
Sheriff's Costs: So an
Docketing 18.00
Out of County 9.00 -
Surcharge 10.00 R. omas Kline
Dep Northampton Co 52.00 S riff of Cumberland County
Postage .82
89.82 J P169 01
07/02/2007
MARCUS MCKNIGHT
Sworn and subscribe to before me
this day of ,
A. D.
IrL The Court of Common Pleas of Cumberland County, Pennsylvania
Jane S. Eberts aka S. Jane Eberts
VS. I I I A*,
Michael F. Ronca & Sons Inc
No. 07-3163 civil
Now, May 29, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Northampton County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.., f?
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now D 44-e- , 20 61, at 12,15o'clock 7 M. served the
within(
upon m? Lba CA r5f ? C
at n -1 ?' l 1 k triA.l
by handing to a t,,
and made known to ? \ S on
S? n?N?a ?? ? -? ?-o? - D3 t l? 3
T ?? ??r N? ?w ?5
VAA W lc k1--co ,?V]
copy of the original CO A--?? ?
Y-i1XA cL Sd'05 the contents thereof.
So answers,
MT 4,;--
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE -
MILEAGE _
AFFIDAVIT
County, PA
, j
ORDER FOR SERVICE REQUEST
TO BE COMPLETED BY THE REQUESTING ATTORNEY
•l. All information from the attorney must be filled-in before 4. When a Deputy Sheriff levys or attaches prepert). he or she
service can be made. A will leave the property without a watchman and in custody of
2. Prepare a separate Order for Service form for each defendant to whomever is found in possession, after notifying the person
be served by the Sheriff. the property is under a Sheriff s levy. The Sheriff or
3. When completing location for service, be certain to Deputy is not liable in any way for protecting property.
have a valid address or directions. Do not use P.O. 5. Service will be executed in accordance with Rule 402 and Title
Boxes or R.D. - ADDRESSES ONLY. Provide the 7.31, Pennsylvania Rules of Civil Procedure.
6. The attorney must certify all copies of process.
township, if applicable. 7. Supply a self-addressed stamped envelope for return of service.
PLAINTIFF:
JANE S EBERTS a/k/a S. JANE EBERTS
DEFENDANT:
MICHAEL F RONCA & SONS INC.
SERVE UPON: LOCATION:
MICHAEL F RONCA & SONS INC. 179 MII RON ROAD
TYPE OF WRIT: BETHLE
EM PA 18020
WRIT OF SUMMONS H
kum,? 0 _
ATTORNEY (NAME, ADDRESS, PHONE) ATTORNEY SIGNATURE:
FOR PROTHONOTARY USE ONLY
DOCKET NUMBER:
2007-0-1163 LAST DAY FOR SERVICE:
Tij]3A 91
2M7 -_ 1 FEES PAID:
52,00
RETURN OF SERVICE ,
To be completed by Sheriff)
INDIVIDUAL SERVED:
?b A v+ ?, ,J A?w tN-c- DATE:
d 0 TIME: i-
5
LOCATION: (IF DIFFERENT FROM ABOVE) () BOROUGH OF: () CITY OF () TOWNSHIP OF:
Served in the following manner: () Other:
( ) Defendant personally served () Not Found () Moved ( ) No Answer () Vacant ( ) Unknown
( ) Adult f ily member with whom said defendant resides
( ) Ad in charge of defendant's residence
() anager/Clerk of place of lodging in which defendant resides
Agent or person in charge of defendant's office or usual place of business
( ) Officer of said defendant company
( ) Posted property
( ) Levy on property
(Comments)
SO ANSWERS: JEFFREY K HAWBECKER
SHERIFF OF NORTHAMPTON COUNTY I hereby deputize the Sheriff of County,
BY. To execute and make a return on the above and attached action according to law.
De t Sh Bad e # Sheriff of Northampton Count Date
ACCEP TANCE OF SERVICE
I accept service of the on behalf of Heel certify Livati am
authorized to d o.
(Defendant or Authorized Agent) (Mailing Address) Delivery Attempts: >
Date: Time: Dep: ' -
Date: Time: Dep: Northampton County ShtifYs Depeirtment
Date: Time: Dep: 669 Washingt treet J
Date: Time: Dep: Easton, PA 18042-7483
Date: Time: Dep: (610) 559-3084
Date: Time: Dep: (610) 559-3781 (REAL ESTATE)
Z
ORDER FOR SERVIQE REQUEST
rn nc OnKeDi C'Mn Rv T14P VX011IF4-ZT[N(' AT rCIRNFY
A. oAtl information from the attorney must be filled-in before 4. When a Deputy Sheriff levys or attaches property, he or she
service can be made. y will leave the property without a watchman and in custody of
2. Prepare a separate Order for Service form for each defendant to whomever is found in possession, after notifying the person
be served by the Sheriff. the property is under a Sheriff s levy. The Sheriff or
3 When completing location for service, be certain to Deputy is not liable in any way for protecting property.
Service will be executed in accordance-with Rule 402 and Title
5
have a valid address or directions. Do not use P. 0. .
231, Pennsylvania Rules of Civil Procedure.
Boxes or R.D. - ADDRESSES ONLY. Provide the 6. The attorney must certify all copies of process.
township, if applicable. 7. Supply a self-addressed stamped envelope for return of service.
PLAINTIFF:
JANE S EBERTS a/k/a S. JANE EBERTS
DEFENDANT:
MICHAEL F RONCA & SONS INC.
SERVE UPON: LOCATION:
MICHAEL F RONCA & SONS INC. 179 MIKRO'N ROAD
18020
BETHLE M PA
TYPE OF WRIT:
WRIT OF SUMMONS
ATTORNEY (NAME, ADDRESS, PHONE) ATTORNEY SIGNATURE:
FOR PROTHONOTARY USE ONLY
DOCKET NUMBER: LAST DAY FOR SERVICE: FEES PAID:
RETURN OF SERVICE To be completed by Sheriff)
INDIVIDUAL SERVED:
lb P- v 1) ?cccu n rw-'C" DATE:
t ?F. 0 TIME: --"
LOCATION: (IF DIFFERENT FROM ABOVE) O BOROUGH OF: O CITY OF O TOWNSHIP OF:
Served in the following manner: O Other:
{ ) Defendant personally served ( ) Not Found ( ) Moved ( ) No Answer ( ) Vacant ( ) Unknown
( ) Adult family member with whom said defendant resides
( ) Ad to charge of defendant's residence
() anager/Clerk of place of lodging in which defendant resides
Agent or person in charge of defendant's office or usual place of business
( ) Officer of said defendant company
( ) Posted property
( ) Levy on property
(Comments)
SO ANSWERS: JEFFREY K HAWBECKER
SHERIFF OF NORTHAMPTON COUNTY I hereby deputize the Sheriff of County,
To execute and snake a return on the above and attached action according to law.
f
mg?
Deputy Sh Badge # Sheriff of Northa ton Count Date
ACCEP TANCE OF SERVICE
I accept service of the on behalf of ttnd certify that I am
9_so.
authorized to 4
r
W Zbefendant or Authorized Agent) (Mailing Address) ,J
Delivery Attempts:
Date: Time:
Date: Time:
Date: Time:
Date: Time:
Date: Time:
Date: Time:
Dep:
Dep:
Dep:
Dep:
Dep:
Dep:
Northampton County Sh&tf'ff's Department
669 Wash ingtortStreet
Easton, PA 181)41-7483
(610) 559-3084
(610) 559-3781 (REAL ESTATE)
M . ft
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
O' Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
JANES S. EBERTS a/k/a S. JANE
EBERTS,
Plaintiff
VS.
MICHAEL F. RONCA & SONS, INC.,
Defendants
Attorneys for Michael F. Ronca & Sons, Inc.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Respectfully submitted,
THO AFER, LLP
by:
Brooks R. FoTand, Esquire
I.D. No. 70102
305 North Front Street, 6 h Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
TO THE PROTHONOTARY:
Please enter our appearance on behalf of Defendant Michael F. Ronca & Sons, Inc. in the
above matter.
532637.1
CERTIFICATE OF SERVICE
s+ '?o lv?o?
AND NOW, this day of _. s?' 20071, Coleen M. Polek, of the
law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of
the foregoing document by placing a copy of the same in the United States Mail, postage
prepaid, to the following:
Douglas G. Miller, Esq.
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
2?q?
Coleen M. Polek
na
ca
a
' va
m !rn
Ca
ca
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
JANES S. EBERTS a/k/a S. JANE
EBERTS,
Plaintiff
VS.
MICHAEL F. RONCA & SONS, INC.,
Defendants
Attorneys for Michael F. Ronca & Sons, Inc.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Please issue a rule upon Plaintiff to file a Complaint in the above matter within 20 days after
service of the rule or suffer a judgment of non pros.
THOMAS._TMAS & HAFER
By: 1
Brooks and, Esc(
I.D. No. 70102
305 North Front Street
Sixth Floor
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
RULE
NOW, , 2007, RULE ISSUED AS ABOVE.
othonotary
By: I)Atv
Depu
-t7 cg-,
- tr"wt
r r
??
+ r-O
?? N
JANE S. EBERTS a/k/a S. JANE : IN THE COURT OF COMMON PLEAS OF
EBERTS, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. CIVIL ACTION - LAW
MICHAEL F. RONCA & SONS, INC., No. 2007 - 3163
Defendant. JURY TRIAL DEMANDED
NOTICE TO DEFEND
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, order and
notice are served, by entering a written appearance personally or by attorney and by filing in
writing with the court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the complaint or for
any other claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Lawyer Referral Service
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing.
JANE S. EBERTS a/k/a S. JANE
EBERTS,
Plaintiff,
V.
MICHAEL F. RONCA & SONS, INC.,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 2007 - 3163
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 4 h day of February, 2008, comes the Plaintiff, Jane S. Eberts a/k/a S.
Jane Eberts, by and through her attorneys, Irwin & McKnight, to make the following Complaint
against the Defendant, Michael F. Ronca & Sons, Inc., and in support thereof avers as follows:
1. The Plaintiff, Jane S. Eberts a/k/a S. Jane Eberts, is an adult individual who
principally resides at 16 Annendale Drive, Carlisle, Cumberland County, Pennsylvania 17015.
2. Defendant Michael F. Ronca & Sons, Inc. is a Pennsylvania business corporation
(hereinafter referred to as "Rona & Sons"), with its principal offices located at 170 Mikron
Road, Bethlehem, Pennsylvania 18020, and duly formed and operating under the laws of
Pennsylvania.
3. The property which is the subject of this litigation is located at 16 Annendale
Drive, Carlisle, South Middleton Township, Cumberland County, Pennsylvania 17015
(hereinafter the "Property").
4. Upon information and belief and at all times relevant herein, Ronca & Sons was
the general contractor hired by the South Middleton Township Municipal Authority for the
installation of water and sewer mains along and/or near Walnut Bottom Road in South Middleton
Township.
5. Upon information and belief and at all times relevant herein, Ronca & Sons held
itself out to be in the business of commercial construction and installation of public water and
sewer facilities.
6. On or about July 26, 2004, Plaintiff received notice from the South Middleton
Municipal Authority that the installation of water and sewer mains was going to commence in
August 2004 and estimated to be completed in July of 2005. A true and correct copy of the
correspondence received by Plaintiff from the South Middleton Municipal Authority dated July
26, 2004, is attached hereto and incorporated herein as Exhibit "A."
7. Plaintiff was subsequently notified that Ronca & Sons was hired as the general
contractor for the installation of the sewer and water mains along Walnut Bottom Road.
8. On or about September 21, 2004, Plaintiff received correspondence from Final
Focus Productions with regard to sewer and water main construction project. A true and correct
copy of the correspondence from Final Focus Productions dated September 21, 2004, is attached
hereto and incorporated herein as Exhibit "B."
9. According to the letter attached as Exhibit "B," Final Focus Productions was
hired by Ronca & Sons to perform pre-construction inspection, including photography, of the
residences located within the construction zone.
10. Upon information and belief, a representative of Final Focus Productions
performed a pre-construction inspection and took photographs of the exterior and interior of
Plaintiff s residence.
11. In or around January 2005, Defendant Ronca & Sons began blasting on and
around the Property for the purpose of the sewer and water main construction project.
2
12. Upon information and belief, the blasting performed by Defendant Ronca & Sons
on and around the Property continued through the end of May 2005.
13. During the course of blasting in 2005, Plaintiffs home suffered damages from the
blasting work of Ronca & Sons and the subsequent vibrations.
14. The direct and proximate damages caused to Plaintiff's home by the blasting
performed by Ronca & Sons include but are not limited to the following:
a. Shingle and roof damage, including shingle nails becoming dislodged;
b. Drywall cracks and fractures;
C. Masonry cracks and fractures;
d. Lateral movement and related damage to door and window frames;
e. Damage to the exterior drainage system on the Property;
f. Separation of cabinetry from walls;
g. Violent separation of the doorbell from the front of Plaintiff s home; and
h. Broken items of personal property including artwork, clock, and ceramic
oriental pieces.
15. As a direct and proximate result of the damages to the Property caused by
Defendant's blasting, Plaintiff also had water infiltrate and migrate through the home causing
mold and mildew growth to develop.
16. Plaintiff has also experienced respiratory and other health problems which, upon
information and belief, are being caused or amplified by the presence of the mold and mildew
growth in her Property.
17. Plaintiff made multiple attempts to contact Defendant Ronca & Sons with regard
to the continuing and ongoing damage to the Property as a direct and proximate result of
Defendant's blasting and construction work.
18. In or around September of 2005, Plaintiff met with a representative of Ronca &
Sons at the Property to discuss the damages to her home.
3
19. At that meeting, the representative of Ronca & Sons promised that the damage to
the Property's exterior drainage system would be repaired.
20. To date, Ronca & Sons has not repaired or attempted to repair any of the damage
caused to the Property and specifically to Plaintiff s home.
21. On or about March 17, 2006, Plaintiff obtained a written estimate for the cost to
repair the damages to Plaintiff's home, exclusive of loss, damage, or replacement of Plaintiffs
personal property and furnishings. A true and correct copy of the repair estimate for the Property
dated March 17, 2006, is attached hereto and incorporated herein as Exhibit "C."
22. According to Exhibit "C," the total cost to correct the damages caused to
Plaintiffs home at the Property, exclusive of loss or replacement of personal property and
furnishings, is $27,537.50.
COUNT I - BREACH OF CONTRACTS & WARRANTIES
23. The averments of fact alleged in items one (1) through twenty-two (22) of this
Complaint are made a part hereof and incorporated herein by reference.
24. As a direct and proximate result of Defendant's blasting work, Plaintiffs' home
now has significant and multiple damages and defects.
25. Defendant's blasting work was performed for the installation of sewer and water
mains constructed on and around the Property.
26. Plaintiff is the intended third parry beneficiary of the sewer and water main
construction project awarded to and completed by Defendant Ronca & Sons.
4
27. Upon information and belief, Defendant Ronca & Sons contracted with Final
Focus Productions to inspect and photograph Plaintiff's home prior to the commencing of
blasting in and around the Property.
28. During the course of 2005, Plaintiff contacted Defendant on several occasions to
advise that various damages were being caused to her home.
29. In September of 2005, an agent of Defendant Ronca & Sons met Plaintiff at the
Property and promised her that certain damages would be corrected, specifically the damages
caused to Plaintiff s exterior drainage system.
30. To date, Defendant Ronca & Sons has not corrected or repaired any of the
damages to Plaintiff s home.
31. Defendant Ronca & Sons performed its work in a poor, improper, and
unworkmanlike manner which blasting and construction work was either expressly or by
necessary implication required by the agreements and promises of Defendant.
32. Plaintiff attempted on several occasions to remedy the blasting damages by asking
the Defendant to make the necessary repairs and perform the required work.
33. Defendant initially agreed to make certain repairs and replace certain damaged
items at the Property.
34. Defendant Ronca & Sons now denies any liability for the aforementioned defects
and damage and claims that the cracking and fractures were in existence prior their blasting work
and not caused by or exacerbated by their construction work.
35. Defendant has failed and refused, and continues to refuse, to correct the above-
referenced breaches, despite the repeated requests and demands by Plaintiff.
5
36. Upon information and belief, Defendant Ronca & Sons warranted their work and
hired Final Focus Productions to inspect and photograph Plaintiffs home prior to the
commencing of blasting in part for that purpose.
37. Defendant Ronca & Sons breached its contracts and warranties by not performing
the work in a proper and workmanlike manner, by not installing the proper precautions and
systems necessary to prevent damage from their blasting and construction work, and by not
correcting the damage it caused as promised.
38. By performing the respective contracts in a deficient, defective, flawed and
unworkmanlike manner as described herein, Defendant Ronca & Sons breached its express and
implied warranties that the work to be performed would be free from defects in material and
workmanship, and in compliance with the contracts and Defendant's promises and assurances.
39. As a result of Defendant's breach and refusal to correct and replace the damage
caused to Plaintiffs home and property, Plaintiff will be forced to hire another contractor to
repair and replace the damaged structures and systems, and purchase replacement items of
personal property.
WHEREFORE, Plaintiffs respectfully request that this Court award damages against the
Defendants in an amount less than the arbitration amount of Fifty Thousand and no/100
($50,000.00) Dollars, together with attorney fees, costs and interest as permitted by law and such
other and further relief as this Court shall deem fair, just, and proper.
6
COUNT II - VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE
PRACTICES AND CONSUMER PROTECTION LAW
40. The averments of fact alleged in items one (1) through thirty-nine (39) of this
Complaint are made a part hereof and incorporated herein by reference.
41. Plaintiff relied upon the assurances by Defendant Ronca & Sons that she was
insured and protected against damage caused by Defendant's blasting work, and that Defendant
was sending a representative from Final Focus Productions in order to take pictures of the
Property for that purpose.
42. Plaintiffs fiuther relied upon representations by the agent of Defendant Ronca &
Sons that the damages caused by the blasting, and specifically the damage to the drainage system
at the Property, would be covered and repaired by Defendant.
43. Plaintiff relied upon the promises, assertions, and representations of Defendant as
an inducement to permit Defendant to perform blasting and construction work in and around the
Property.
44. The misrepresentations by Defendants are in direct violation of §§ 201-2(4)(vii),
201-2(4)(xvi), and 201-2(4)(xxi) of the Pennsylvania Unfair Trade Practices and Consumer
Protection Law.
45. Under § 201-9.2(a) of the Pennsylvania Unfair Trade Practices and Consumer
Protection Law, "[t]he court may, in its discretion, award up to three times the actual damages
sustained [...]."
46. Furthermore, the court "may provide such additional relief as it deems just and
proper." § 201-9.2(a).
7
47. Also under § 201-9.2(a), "[t]he court may award to the plaintiff, in addition to
other relief provided in this section, costs and reasonable attorney fees."
WHEREFORE, Plaintiffs respectfully request that this Court award damages against the
Defendants in an amount less than the arbitration amount of Fifty Thousand and no/100
($50,000.00) Dollars, together with attorney fees, costs and interest as permitted by law and such
other and further relief as this Court shall deem fair, just, and proper.
COUNT IV - NEGLIGENCE
48. The averments of fact alleged in items one (1) through forty-seven (47) of this
Complaint are made a part hereof and incorporated herein by reference.
49. Defendant Ronca & Sons owed a duty to Plaintiff to perform its blasting and
construction work in a good and workmanlike manner, in accordance with applicable industry
standards and government codes and regulations.
50. Defendant breached its duties to Plaintiff by failing to perform its blasting and
construction work in a good and workmanlike manner without causing significant damage to
Plaintiffs home.
51. Defendant's failures are causing water infiltration into Plaintiff's residence,
damaging her home, causing mold growth, and damaging her personal property.
52. Plaintiffs damages include but are not limited to repair and replacement of the
foundation, drywall, framing, and roof of the home, mold remediation, and replacement of her
personal property and household fixtures.
8
53. As a direct -result of Defendant's negligent blasting and construction work,
Plaintiff has or will have to incur damages in hiring contractors to correct the negligent blasting
and construction work, and the subsequent damage to her home and personal property.
WHEREFORE, Plaintiffs respectfully request that this Court award damages against the
Defendants in an amount less than the arbitration amount of Fifty Thousand and no/100
($50,000.00) Dollars, together with attorney fees, costs and interest as permitted by law and such
other and further relief as this Court shall deem fair, just, and proper.
Respectfully submitted,
IRWIN & McKNIGHT
Dated: February 4, 2008 By: d - JaAA
Douglas G iller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Plaintiff
Jane S. Eberts a/k/a S. Jane Eberts
9
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
J E S. BER
Date: February 4, 2008
EXHIBIT "A"
P.O. Box 8
345 Criswell Drive
Boiling Springs, PA 17007-0008
Arthur E. Bear, Operations Manager
email: smtma@smtma.crg
July 26, 2004
S. Jane Eberts
16 Annendale Drive
Carlisle, PA 17013
Property Location: 16 Annendale Drive
Parcel Number: 40-24-0744-022
Sheet Number: 13 Lateral Drawing Number: 1
Dear Property Owner:
Administration of:
Sewer System
Water System
Telephone: 717-258-6476
Fax: 717-258-3599
Website: www.smtma.org
The Authority recently awarded bids on the Western Village Area sewer and water project. The installation of water
and sewer mains should commence in August 2004. The general construction for the pumping station on Allen
Road should begin this month. We expect both the pumping station and installation of water and sewer mains to be
completed by July of 2005.
After completion of the mains, pumping station and force main, you will receive a certified letter from this Authority
stating that you have 90 days to connect your property to the systems. We estimate that the systems will be ready
for connection by mid to late summer of 2005.
Payment of all fees related to the project will not be required until you have received the connection notice.
1. Tapping Fee: The current 2004 sewer-tapping fee is $1,740. The current 2004 water-tapping fee is $828.
These fees may increase or decrease based on recalculation as required in accordance with the
Pennsylvania Tapping Fee Law at the end of each calendar year.
2. Connection Fee: The connection fee is the actual cost of installing the sewer and water laterals from the
main to the property line, and cannot be determined until all laterals have been installed and the project is
completed. The estimated cost using the contractors bid price is $1,267 for Water and $920 for Sewer.
Please note that connection from the lateral to your home must be done by a private contractor and the
arrangements and cost for such will be the responsibility of each property owner. If you do not have a
plumbing contractor in mind, we are providing a list of certified, licensed plumbers for your review (copy
enclosed).
3. Customer Facility Fee: The customer facility fee is the cost for the water meter, fittings and electronic
reading equipment used by this Authority for metering quarterly water usage. The current fee is $ 384 for a
3/4" residential service.
4. Permit Fee: This is a $10 administrative charge.
You must obtain a sewer and water permit from this office prior to connecting your property to the systems. All fees
must be paid in full prior to issuance of the permit. No partial payments will be accepted.
In regard to the sewer portion of the project, many of you have already completed and returned the lateral location
sheet that you received many months ago. If you did not return the lateral sheet, we have enclosed a blank one
along with a return envelope. Please indicate the desired depth and location of the lateral for your property and
return the form as soon as possible. If we do not receive the information indicating your preferred lateral location,
SMTMA
Page 2
the Authority staff and the contractor will have to make that determination to the best of their ability during the
course of the project. If the location is chosen by our staff or contractor, it may not be the best suited location for
your property and may create additional cost to you when connecting your property to the system. As stated in the
prior letter, we recommend you contact your plumber to help you determine the best location if you are unsure of
which way to go.
In addition, for the water portion of the project, lateral locations will have to be chosen for each property as well.
The Authority staff will be distributing blue location stakes to each property owner along with instructions directing
you to place the stake in the ground on the property where you desire the water connection to be. Since the water
mains will only be installed in existing streets or roadways, all water laterals will be located along the front of
properties only. If your chosen sewer lateral location is along the front of your property, the water lateral can be
located at the same spot, as sewer and water service laterals can be installed in the same trench in accordance with
specifications laid out in SMTMA Rates, Rules and Regulations. Installation of the sewer and water laterals in the
same trench would reduce excavating costs to you, the property owner.
SMTMA Rates, Rules and Regulations are available upon request from our office or can be viewed on our web site
at www.smtma.org.
If you have further questions, please contact our office Monday through Friday 8 am to 4 pm and we will try to assist
you.
Sincerely yours,
Arthur E. Bear
Operations Manager
AEB/wss
cc: Blue file
Project file
Customer file
EXHIBIT "B"
A L
P R O D U C T 1 O N S
3 Slndnr Slrom Wcternicsburq, VA 11055
11 Zf 2f22 www.fInaIforrisvIrfro.com
September 21, 2004
Dear Property Owner,
In a letter from South Middleton Township Municipal Authority dated July 15, 2004, you
were made aware of construction commencing for the Western Village Area Sewer and
Water Project located along or near Walnut Bottom Road in Carlisle, PA. Some of this
construction has started along Allen Road.
The general contractor. Michael S. Ronca Rr Sons. Inc.. contracted Final Fncus
Productions to perform pre-construction inspection and possible photography of the
residences within this construction zone. This inspection requires examination of the
interior and exterior of each structure including each room of the house, foundations,
patios, walkways and driveways. Any abnormalities such as broken glass, cracks in walls
and ceilings, cracks in concrete and macadam, will be photo documented for the general
contractor.
We respect your privacy. This inspection and photography is a precautionary measure to
protect you -- the residents and homeowners. If you wish to decline interior inspection,
please call our office and we will provide an interior inspection decline form requiring
your signature.
Each visit generally requires approximately 15 minutes, but no more than 30 minutes, to
complete. Please call our Mechanicsburg office at your convenience to schedule a visit
within the next 7-14 days.
Thank you for your cooperation.
Steve Kownacki
Site Inspector
Final Focus Productions
717-697-2622
EXHIBIT "C"
Pg 1
Estimate
Date: 3/17/06
Prepared for:
S. Jane Eberts
16 Annendale Dr.
Carlisle, Pa. 17013
Ph 717-241-6458
From:
Steven Rock
Rocks Construction & Engineering Consulting
8437 Stottlemyer Rd.
Waynesboro, Pa. 17268
Ph: 717-765-4384
Note: A copy of my liability insurance certificate will be mailed directly to the
customer address from the insurance carrier.
Project Summary; Repair, replace, restore as necessary interior and exterior
damage. Assessment of the following interior and exterior home areas;
- First floor; kitchen, dining area, fireplace room, family room, bedroom 1,
bedroom 2, living room, hallway, full bath, closets
- Basement; office area, % bath, pool table room, furnace room
- Exterior home brick masonry surfaces
Note: Assessment has not been made on underground utilities or services.
• Drywall cracks and fractures through home on wall and ceiling areas.
Damage found at door and window headers, vaulted and flat ceiling, kitchen
cabinet areas, closet areas, and various load bearing and structural stress
points.
• Lateral movement of rear patio door and stress cracking of tile floor area
inside the door
• Kitchen cabinet separation from ceiling and vertical wall areas surrounding
the upper and lower cabinets.
• '/: bath commode separation at seal - possible porcelain fracture. Water
damage to raised platform, lower wall areas. Mold and mildew abatement
required and possible bacteria and pathogen contamination.
• Paint flaking at ceiling level masonry surfaces (basement)
• Hairline fractures (primarily in mortar joints) on basement level front
masonry wall
• Exterior brick masonry walls have hairline fractures (primarily in mortar
joints) and random brick face spalling contained nearly 100% to the edges of
the bricks.
Pg 2
Note: Currently the hairline fractures in the brick have not progressed or advanced
to a critical or passive point. However this condition will continue to deteriorate
with time. As water or moisture migrates or penetrates into these areas hydraulic
pressure from freezing and thawing will expedite or advance the condition at an
accelerated rate. The house exterior was not constructed with a vapor or moisture
barrier inside the external vertical masonry walls. Following the migration or
"wicking" of moisture through the masonry exterior mold and mildew growth will
develop.
• Shingle nails on the roof have reversed or extracted pushing or raising the
shingles. The same condition appears to exist with the sub roofing fasteners.
Recommend that the shingles, tarpaper and ice shielding be removed to
assess the sub roof condition and repair as needed.
• Replacement of doorbell chime unit inside home.
• Seal, patch, resurface and blend brick masonry home exterior
Materials required but not limited to:
Drywall, spackling, drywall fasteners, caulking, surfacing abrasives, primer, paint,
adhesives, matching ceramic tile, trim/molding as required, wax seal - possibly 1
commode, 30 year+ shingles, tar paper, ice shield, sub roof fasteners, shingle
fasteners, %" plywood, 5/8 sub roof plywood, 2 x 4s, linoleum flooring,
dehumidification, mold, mildew and bacteria abatement, paneling, etc.,
masonry seal products, bonding agents, resurfacing and reconditioning material,
mortar, sand, cleanup materials and equipment, rental equipment and fuel charges.
Notes:
• This estimate does not include the loss, damage or replacement of personnel
effects, home furnishings, etc.
• All sub contractors and project management is included
• All waste removal and post project clean-up is included
• Furniture removal or temporary relocation due to construction will be
coordinated with the customer
• Any necessary equipment rental is included
• Work will continue on a day to day basis through completion unless prior
notification is given to the customer
• All efforts will be made to minimize any inconvenience to the customer
• Materials will be moved to the project site on a progressive basis as required
• Any addition to or deletion from the original scope of work and associated
costs will first be mutually agreed upon by the customer and contractor.
• Water and electrical utilities used during the project will be reimbursed to
the customer at current established rates payable to the customer.
• The customer should expect 4 - 6 weeks for completion of the project
Pg 3
Labor : $18750.00
Material: $8437.50
Fuel charge: $350.00
Total: $27537.50
Terms: 60% of total cost to begin, balance upon completion and acceptance.
Quote valid for 30 days from origination date
Should you have any questions please feel free to contact me at any time.
Thank you for the opportunity!
Sincerely
Steven Rock
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by hand delivery on the date set
forth below:
BROOKS R. FOLAND, ESQUIRE
THOMAS, THOMAS & HAFER, LLP
P.O. BOX 999
HARRISBURG, PA 17108-1268
IRWIN & McKNIGHT
Dated: February 4, 2008 By:
Douglas . Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Plaintiff
Jane S. Eberts a/k/a S. Jane Eberts
(R?
C;)
JANE S. EBERTS a/k/a S. JANE
EBERTS,
Plaintiff
VS.
MICHAEL F. RONCA & SONS, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed Answer with New Matter within twenty
(20) days from service hereof or a default judgment may be entered against you.
ANSWER WITH NEW MATTER
AND NOW, comes Defendant Michael F. Ronca & Sons, Inc., by and through its
attorneys, Thomas, Thomas & Hafer, LLP, and files the following Answer with New Matter:
1. Admitted based upon information and belief.
2. Denied as stated. It is admitted only that Michael F. Ronca & Sons, Inc. is a
Pennsylvania corporation with its principal place of business located at 179 Mikron Road,
Bethlehem, Pennsylvania, 18020. Any and all other allegations contained in paragraph 2 are
specifically denied and strict proof thereof is demanded at time of trial.
3. Admitted based upon information and belief.
4. Admitted.
5. Denied. The allegations contained in paragraph 5 are conclusions of law to which
no response is required. To the extent a response is deemed to be required, the allegations are
denied pursuant to Pa.R.C.P. 1029(e).
6. Denied. Defendant is without information or belief as to the truth of the
averments of paragraph 6 of Plaintiffs Complaint and the same are therefore denied and proof
thereof is demanded at time of trial.
7. Denied. Defendant is without information or belief as to the truth of the
averments of paragraph 7 of Plaintiffs Complaint and the same are therefore denied and proof
thereof is demanded at time of trial.
Admitted based upon information and belief, though the terms and/or conditions
of correspondence from Final Focus Productions speak for themselves and any attempt at
characterization of said terms and/or conditions by Plaintiff are specifically denied and strict
proof thereof is demanded at time of trial.
9. Denied as stated. It is admitted only that the terms and/or conditions of the letter
from Final Focus Productions to Plaintiff speak for themselves and any attempt at
characterization of said terms and/or conditions by Plaintiff are specifically denied and strict
proof thereof is demanded at time of trial.
10. Admitted.
11. Denied as stated. It is admitted only that blasting on the South Middleton
Township project began on September 22, 2004 and ended on May 9, 2005. Any and all other
allegations contained in paragraph 11 are specifically denied and strict proof thereof is demanded
at time of trial.
12. Denied as stated. It is admitted only that blasting on the South Middleton
Township project began on September 22, 2004 and ended on May 9, 2005. Any and all other
allegations contained in paragraph 12 are specifically denied and strict proof thereof is demanded
at time of trial.
13. Denied. It is specifically denied that Plaintiff's home suffered or sustained
damages as a result of any blasting work performed by Defendant or anyone on Defendant's
2
behalf. Any and all other allegations contained in paragraph 13 are specifically denied and strict
proof thereof is demanded at time of trial.
14. Denied. It is specifically denied that Plaintiff's home sustained any damage as a
result of the blasting performed by Defendant or anyone on behalf of Defendant. Any and all
other allegations contained in paragraph 14 are specifically denied and strict proof thereof is
demanded at time of trial.
15. Denied. It is specifically denied that Defendant's blasting caused water to
infiltrate and/or migrate through Plaintiff s home causing mold and mildew growth to develop.
Any and all other allegations contained in paragraph 15 are specifically denied and strict proof
thereof is demanded at time of trial.
16. Denied. It is specifically denied that Defendant's blasting caused the presence of
mold and/or mildew in Plaintiff's home. Any and all other allegations contained in paragraph 16
are specifically denied and strict proof thereof is demanded at time of trial.
17. Denied. It is specifically denied that Plaintiff made multiple attempts to contact
Defendant with regard to damage to Plaintiff's property. Any and all other allegations contained
in paragraph 17 are specifically denied and strict proof thereof is demanded at time of trial.
18. Denied as stated. It is admitted only that on one occasion a representative of
Defendant met with Plaintiff at her request at which time he reassured Plaintiff that no damage
was caused to Plaintiff's home as a result of any blasting activities. Any and all other allegations
contained in paragraph 18 are specifically denied and strict proof thereof is demanded at time of
trial.
19. Denied. It is specifically denied that at any time a representative of Defendant
promised to Plaintiff that any damage to Plaintiff's home would be repaired or that any damage
3
to Plaintiff s home was caused by any of Defendant's blasting activities. Any and all other
allegations contained in paragraph 19 are specifically denied and strict proof thereof is demanded
at time of trial.
20. Denied. It is specifically denied that any of Defendant's blasting activities caused
any damage to Plaintiff's property. Any and all other allegations contained in paragraph 20 are
specifically denied and strict proof thereof is demanded at time of trial.
21. Denied. Defendant is without information or belief as to the truth of the
averments of paragraph 21 of Plaintiffs Complaint and the same are therefore denied and proof
thereof is demanded at time of trial.
22. Denied. Defendant is without information or belief as to the truth of the
averments of paragraph 22 of Plaintiffs Complaint and the same are therefore denied and proof
thereof is demanded at time of trial.
COUNT I - BREACH OF CONTRACT AND WARRANTIES
23. Defendant incorporates by reference the answers to Plaintiffs Complaint as
though the same were fully set forth herein at length.
24. Denied. The allegations contained in paragraph 24 are conclusions of law to
which no response is required. To the extent a response is deemed to be required, the allegations
are denied pursuant to Pa.R.C.P. 1029(e).
25. Admitted.
26. Denied. The allegations contained in paragraph 26 are conclusions of law to
which no response is required. To the extent a response is deemed to be required, the allegations
are denied pursuant to Pa.R.C.P. 1029(e).
27. Admitted.
4
28. Denied. It is specifically denied that Plaintiff contacted Defendant on several
occasions to advise or inform Defendant that her home was being damaged by any activity. Any
and all other allegations contained in paragraph 28 are specifically denied and strict proof thereof
is demanded at time of trial.
29. Denied as stated. It is admitted only that a representative of Defendant met with
Plaintiff at her request and reassured her that no damage was caused to her home by Defendant's
blasting activities. It is specifically denied that Defendant promised that any damages would be
corrected, including any damages to Plaintiff s exterior drainage system, which are denied. Any
and all other allegations contained in paragraph 29 are specifically denied and strict proof thereof
is demanded at time of trial.
30. Denied. It is specifically denied that any damages were caused to Plaintiff s
home by Defendant's blasting activity. Any and all other allegations contained in paragraph 30
are specifically denied and strict proof thereof is demanded at time of trial.
31. Denied. It is specifically denied that Defendant performed any of its work in a
poor, proper or unworkmanlike manner. Any and all other allegations contained in paragraph 31
are specifically denied and strict proof thereof is demanded at time of trial.
32. Denied. It is specifically denied that Plaintiff attempted on several occasions to
ask Defendant to make repairs or perform any work on Plaintiff s home at any time relevant
hereto. Any and all other allegations contained in paragraph 32 are specifically denied and strict
proof thereof is demanded at time of trial.
33. Denied. It is specifically denied that Plaintiff s home or personal property was
damaged as a result of any of Defendant's blasting activities or that Defendant agreed to make
any repairs or place any items allegedly damaged in Plaintiffs home. Any and all other
5
allegations contained in paragraph 33 are specifically denied and strict proof thereof is demanded
at time of trial.
34. Admitted.
35. Denied. The allegations contained in paragraph 35 are conclusions of law to
which no response is required. To the extent a response is deemed to be required, the allegations
are denied pursuant to Pa.R.C.P. 1029(e).
36. Denied. The allegations contained in paragraph 36 are conclusions of law to
which no response is required. To the extent a response is deemed to be required, the allegations
are denied pursuant to Pa.R.C.P. 1029(e).
37. Denied. The allegations contained in paragraph 37 are conclusions of law to
which no response is required. To the extent a response is deemed to be required, the allegations
are denied pursuant to Pa.R.C.P. 1029(e).
38. Denied. The allegations contained in paragraph 38 are conclusions of law to
which no response is required. To the extent a response is deemed to be required, the allegations
are denied pursuant to Pa.R.C.P. 1029(e).
39. Denied. The allegations contained in paragraph 39 are conclusions of law to
which no response is required. To the extent a response is deemed to be required, the allegations
are denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Defendant Michael F. Ronca & Sons, Inc. respectfully requests that
judgment be entered in its favor and against Plaintiff Jane S. Eberts a/k/a S. Jane Eberts.
COUNT II - VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICE
AND CONSUMER PROTECTION LAW
40. Defendant incorporates by reference the answers to Plaintiff's Complaint as
though the same were fully set forth herein at length.
6
41. Denied. The allegations contained in paragraph 41 are conclusions of law to
which no response is required.
42. Denied. The allegations contained in paragraph 42 are conclusions of law to
which no response is required.
43. Denied. The allegations contained in paragraph 43 are conclusions of law to
which no response is required.
44. Denied. The allegations contained in paragraph 44 are conclusions of law to
which no response is required.
45. Denied. The allegations contained in paragraph 45 are conclusions of law to
which no response is required.
46. Denied. The allegations contained in paragraph 46 are conclusions of law to
which no response is required.
47. Denied. The allegations contained in paragraph 47 are conclusions of law to
which no response is required.
WHEREFORE, Defendant Michael F. Ronca & Sons, Inc. respectfully requests that
judgment be entered in its favor and against Plaintiff Jane S. Eberts a/k/a S. Jane Eberts.
COUNT IV [sic] - NEGLIGENCE
48. Defendant incorporates by reference the answers to Plaintiff's Complaint as
though the same were fully set forth herein at length.
49. Denied. The allegations contained in paragraph 49 are conclusions of law to
which no response is required.
50. Denied. The allegations contained in paragraph 50 are conclusions of law to
which no response is required.
7
51. Denied. The allegations contained in paragraph 51 are conclusions of law to
which no response is required.
52. Denied. The allegations contained in paragraph 52 are conclusions of law to
which no response is required.
53. Denied. The allegations contained in paragraph 53 are conclusions of law to
which no response is required.
WHEREFORE, Defendant Michael F. Ronca & Sons, Inc. respectfully requests that
judgment be entered in its favor and against Plaintiff Jane S. Eberts a/k/a S. Jane Eberts.
NEW MATTER
54. Some or all of Plaintiff's claims may be barred by the expiration of the two year
statute of limitations.
55. Some or all of Plaintiff's damages, if any, may have been caused by parties other
than Defendant.
56. Some or all of Plaintiff's damages and/or injuries may be barred or reduced by
Plaintiff's failure to mitigate said damages.
57. Some or all of Plaintiff's injuries and/or damages may have been caused by
Plaintiff's contributory and/or comparative negligence.
8
58. Some or all of Plaintiff's damages and/or injuries were pre-existing to any work
performed by Defendant on the South Middleton Township project.
59. Plaintiff's claims may be barred by Plaintiff's failure to state a claim upon which
relief can be granted.
Respectfully submitted,
THOMAS FER, LLP
by: --`-
Brooks R. Oland, Esquire
I.D. No. 70102
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
Attorneys for Michael F. Ronca & Sons, Inc.
9
VERIFICATION
I, Lewis Ronca, have read the foregoing Answer with New Matter and hereby affirm that it is
true and correct to the best of my personal knowledge, information and belief. This Verification and
statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to
authorities; I verify that all the statements made in the foregoing are true and correct and that false
statements may subject me to the penalties of 18 Pa.C.S. § 4904.
c::::::: -5 z
for Michael F. Ronca & Sons, Inc.
c%w "s v . )eLTW C
CERTIFICATE OF SERVICE
AND NOW, this /3*day of _ 7P&/t/CJL,, , 200?, I, Coleen M. Polek, of the
law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the
foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to
the following:
Douglas G. Miller, Esq.
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
(3?v?
Coleen M. Polek
574890.1
?. `J i-n
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
vs.
MICHAEL F. RONCA & SONS, INC.,
Defendants
THE COURT OF COMMON PLEAS
IMBERLAND COUNTY, PENNSYLVANIA
ACTION - LAW
0.2007-3163 CIVIL TERM
.Y TRIAL DEMANDED
MOTION OF DEFENDANT,
MICHAEL F. RONCA & SONS, INC.,
TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIES AND RESPONSE
TO REQUEST FOR PRODUCTION OF DOCUMENTS
AND NOW, comes Defendant, Michael F. Ronca & Sons, Inc. (hereinafter "Moving
Defendant"), by and through its attorneys, Thomas, Thomas & Hafer, LLP, and files this Motion
to Compel Plaintiffs Answers to Interrogatories and Response to Request for Production of
Documents, and asserts the following reasons therefore:
1. This civil litigation matter was initiated by the filing of a Writ of Summons on or
about May 24, 2007.
2. Thereafter, Plaintiff filed a Complaint on or about February 4, 2008, and Moving
Defendant filed a timely Answer thereto.
3. On or about May 20, 2008, Moving Defendant served Plaintiff with
Interrogatories and a Request for Production of Documents which sought information pursuant to
Pa. R.C.P. 4003.5. A true and correct copy of these discovery requests are attached hereto as
Exhibit A.
4. On or about August 1, 2008, Plaintiff's counsel indicated a desire to have the
discovery answers finalized and served prior to Plaintiff s deposition A true and correct copy of
this correspondence is attached hereto as Exhibit B.
5. On or about November 18, 2008, at the deposition of Plaintiff, Plaintiff discussed
providing responses to the discovery served by Moving Defendant which is documented in a
letter dated December 3, 2008 A true and correct copy of this correspondence is attached hereto
as Exhibit C.
6. Plaintiff still has not provided the required discovery responses.
7. Pursuant to Pa.R.C.P. 4005, 4006 and 4009, plaintiffs are required to serve
responses or objections to discovery requests within thirty (30) days of service.
8. More than 150 days have expired since Moving Defendant served the discovery in
question, and Plaintiff has failed to provide any response to the same.
9. As Plaintiff has failed to respond in accordance with the Rules of Civil Procedure,
it is respectfully requested that this Court issue an Order directing Plaintiff to provide full and
complete responses to Moving Defendant's Interrogatories and Request for Production of
Documents, without objection, or be precluded from introducing any such evidence at arbitration
or trial.
10. Moving Defendant is prejudiced by Plaintiff's refusal to provide discovery
responses as it has been precluded from ascertaining the nature of Plaintiffs claims or gaining
the necessary investigative materials to further the course of the instant litigation.
2
WHEREFORE, it is respectfully requested that the Court issue an Order directing
Plaintiff to provide full and complete responses to Moving Defendant's Interrogatories and
Request for Production of Documents, without objection, or be precluded from offering such
evidence or testimony at the trial of this case.
THOMAS, THOMAS & HAFER, LLP
By:
Brooks R.
Attorney I.D. # 70102
o P.O. Box 999, 305 N. Front Street
Date Harrisburg, PA 17108-0999
Counsel for Michael F. Ronca & Sons
3
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
vs
MICHAEL F. RONCA & SONS, INC.,
Defendants
THE COURT OF COMMON PLEAS
MBERLAND COUNTY, PENNSYLVANIA
ACTION - LAW
2007-3163 CIVIL TERM
Y TRIAL DEMANDED
CERTIFICATE OF CONCURRENCE/NON-CONCURRENC
I, Brooks R. Foland, of the law fnm of Thomas, Thomas & Hafer, LLP, hereby certify
that my office contacted counsel regarding the Motion To Compel Answers to Interrogatories
and Response to Request for Production. My office left a telephone message for Counsel for
Plaintiff, Douglas G. Miller, Esquire, and having not received a return telephone call from him
presume he does not concur.
THOMAS, THOMAS & LLP
C
By;
oks ,
A orney I.DO 0102
_ P.O. Box 999,305 N. Front S
Date ° Harrisburg, PA 17108-0999
Counsel for Michael F. Ronca & Sons
THOMAS, THOMAS & HAFER LLP
Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6" Floor
POB 999
Harrisburg, PA 17105-0999
(717)255-7626
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
vs.
MICHAEL F. RONCA & SONS, INC.,
Defendants
Attorneys for Michael F. Ronca & Sons, Inc.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
INTERROGATORIES OF DEFENDANT
MICHAEL F. RONCA & SONS, INC.
DIRECTED TO PLAINTIFF
TO: Jane S. Eberts, Plaintiff
c/o Douglas G. Miller, Esquire
60 W. Pomfret Street
Carlisle, PA 17013
Pursuant to Pa.R.C.P. 4005, Defendant, Michael F. Ronca & Sons, Inc. serves the
within interrogatories upon Plaintiff and makes demand upon Plaintiff to answer the
same under oath, within thirty (30) days. The answers to these interrogatories shall be
inserted in the spaces provided following the interrogatories. If there is insufficient space
to answer an interrogatory, the remainder of the answer shall follow on a supplemental
sheet.
These interrogatories are deemed to be continuing in nature, in accordance with
the provisions of the Pennsylvania Rules of Civil Procedure, as amended. If between the
time of forwarding your original answers to these interrogatories and the time of trial in
this matter, you or anyone acting on your behalf learns the identity and location of
additional persons having knowledge of discoverable facts and the identity of a person or
persons expected to be called as an expert witness, a witness at trial not disclosed in
your answers, or responses to the interrogatories, pursuant to Pa.R.C.P. 4007.4, you are
required to supplement your response through supplemental answers to the
interrogatories.
DEFINITIONS
"Document" means any written, printed, typed, or other graphic matter of any
kind or nature, however produced or reproduced, including photographs, microfilms,
phonographs, video and audio tapes, punch cards, 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 natural 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.), title, and
date;
(b) its subject matter;
(c) its author's identity;
(d) its addressee's identity;
(e) its present location; and
(f) its custodian's identity;
(3) An oral communication:
(a) its date;
(b) the place where it occurred;
(c) its substance;
(d) the identity of the person who made the communication;
(e) the identity of each person to whom such communication was
made; and
(fl the identity of each person who was present when such
communication was made;
(4) A corporate entity:
(a) its full corporate name;
(b) its date and place of incorporation, if known; and
(c) its present address and telephone number;
(5) Any other content: a description with sufficient particularity that the thing
may thereafter be specified and recognized, including relevant dates and
places, and the identification of relevant people, entities, and documents.
593108-1
"Incident" means the occurrence that forms the basis of a cause of action or claim
for relief set forth in the complaint or similar pleading.
"Person" means a natural person, partnership, association, corporation, or
government agency.
STANDARD INSTRUCTIONS
(1) Duty to answer. -- The interrogatories are to be answered in writing,
verified, and served upon the undersigned within 30 days of their service on you.
Objections must be signed by the attorney making them. In your answers, you must
furnish such information as is available to you, your employees, representatives, agents,
and attorneys. Your answers must be supplemented and amended as required by the
Pennsylvania Rules of Civil Procedure.
(2) Claim of privilege. -- With respect to any claim of privilege or immunity
from discovery, you must identify the privilege or immunity asserted and provide
sufficient information to substantiate the claim.
(3) Option to produce documents. -- In lieu of identifying documents in
response to these interrogatories, you may provide copies of such documents with
appropriate references to the corresponding interrogatories.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Dated: May 14, 2008
Rv
Brooks R. Foland, Esquire
(717) 255-7626
593108-1
To the person answering these Interrogatories, state:
a) all names ever used; date and place of birth; social security number;
(b) marital status at present and at time of the incident with name and
address of spouse;
(c) all resident addresses for the past fifteen (15) years with the dates of
each residence; and
(d) names and addresses of all employers for the past five (5) years with
dates of each employment.
ANSWER
593108-1
2. Identify, including the name and address, each person who has knowledge
of the facts relating directly or indirectly to the allegations of liability or damages as set
forth in the Complaint.
ANSWER:
3. List the names and addresses, both residence and business, of all persons
whom you intend to call as witnesses at the trial of this case and identify as to each the
subject matter of their testimony.
ANSWER-
593108-1
4. If you or any representative are aware of any conversations or statements
made or given by any party or agent of any party to this lawsuit or any witness, which
relates directly or indirectly to any claim involved herein, state the following:
(a) the name and address of all persons who were involved directly or
indirectly in the conversation or statement;
(b) the date of each conversation or statement;
(c) the substance of each conversation or statement;
(d) if any portion of the conversation or statement is in writing, describe
the writing in detail, attach a copy and give the name and address of
the present custodian of said writing; and
(e) attach all notes, reports or other documents prepared during, as a
result of any specific investigation into the allegations set forth in
the Complaint or civil action, identify each and give the name and
address of the person who has custody over the originals of said
writings.
ANSWER:
5. State the name and address of each person known to you who has been
contacted as a fact witness by any party to this lawsuit.
ANSWER.-
593108-1
6. Do you or anyone acting on your behalf know of the existence of any
photographs, motion pictures, video recordings, maps, diagrams, or charts that would
relate directly or indirectly to any of the claims as set forth in the Complaint?
(a) If so, state the date when each depiction named above was
prepared, the name and address of the person involved in the preparation and the
nature of the depiction.
ANSWER:
7. State in detail the injuries that you allege you suffered as a result of the
incident referred to in the Complaint.
ANSWER:
8. State whether you were confined to bed or your home as a result of the
injuries allegedly to have been sustained in the incident involved in this action. If so,
state the length of time you were confined to each and the dates thereof.
ANSWER:
593108-1
9. If you received medical treatment or examinations (including x-rays, MRIs,
etc.) because of injuries you suffered as a result of the accident, identify:
(a) each hospital at which you were treated or examined;
(b) the dates on which each such treatment or examination at a
hospital was rendered and the charge by the hospital for each;
(c) each doctor or practitioner by whom you were treated or examined;
(d) the dates on which each such treatment or examination by a doctor
or practitioner was rendered and the charges for each; and
(e) all reports regarding any medical treatment or examination, setting
forth the author and date of such reports.
ANSWER
10. If you have incurred any bills or expenses in connection with the injuries or
diseases which you suffered because of the accident referred to in the Complaint, and
such bills or expenses are not otherwise listed in your Answer to these Interrogatories,
set forth the amount of each such bill or expense, the service for which the bill or
expense was incurred, and the identity of the person who rendered the bill or who was
involved in the expense.
ANSWER
593108-1
11. Describe any pain, ailment, complaint, injury or disability that you
presently have as a result of the accident here involved?
ANSWER:
12. State whether you are still under treatment for the injuries alleged to have
been sustained in the incident involved in this action. If so, state the name and address
of the person who last treated or examined you with regard to the injuries with the date
and place you were treated or examined.
FIVU4? 3) ZA
593108-1
13. Either prior or subsequent to the incident referred to in the Complaint,
have you ever suffered any injury or disease? If so, identify:
(a) the injuries and diseases you suffered;
(b) the date and place of any accident, if such an injury or disease was
caused by an accident;
(c) all hospitals, doctors or practitioners who rendered treatment or
examinations because of any such injuries or diseases;
(d) anyone against whom a claim was made, and the court, term, and
number of any claim or lawsuit that was filled in connection with
any such injuries or diseases;
(e) If a claim and/or lawsuit was brought by you pertaining to said
impairment, describe the person and/or company against whom the
claim was made, the manner in which the claim was made, and if a
lawsuit was involved, the court, term and number of said suit.
ANSWER
593108-1
14. State whether, as a result of this accident, you have been unable to
perform any of your customary occupational duties or social or other activities in the
same manner as prior to the accident, stating with particularity:
(a) the duties and/or activities you have been unable to perform;
(b) the periods of time you have been unable to perform; and
(c) the names and last known addresses of all persons having
knowledge thereof.
ANSWER:
15. Please state whether you have ever filed a claim, whether first party or
third party, for any property damage sustained to your house over the past 20 years or
since you to ownership of the home.
ANSWER:
593108-1
16. Please set forth in detail the names, addresses or any other identification
with respect to the people who have personal knowledge of your allegations in paragraph
50 of your Complaint wherein you allege "Defendant breached its duties to plaintiff by
failing to perform the blasting and construction work in a good and workmanlike manner
without causing significant damage to Plaintiff's home".
ANSWER:
17. Please set forth in detail the names, addresses or any other identification
with respect to the people who have personal knowledge of your allegations in paragraph
51 of your Complaint wherein you allege "Defendant's failures are causing water
infiltration into Plaintiff's residence, damaging her home, causing mold growth, and
damaging her personal property".
ANSWER:
593108-1
18. Please set forth in detail without referring to the Complaint, the "damages
to the Property caused by Defendant's blasting" including, but not limited to water
infiltration, mold and mildew growth, as alleged in paragraph 15 of Plaintiff's Complaint.
ANSWER:
19. Please set forth in detail the "respiratory and other health problems" that
Plaintiff experienced immediately following the work performed by Defendant, as alleged
in paragraph 16 of Plaintiffs' Complaint.
ANSWER-
593108-1
20. State whether you hired an environmental consultant or any other
contractors to inspect and or correct the alleged structural damages caused by Plaintiff's
blasting. If so, set forth:
(a) The name of the company;
(b) The address of the company; and
(c) The contact person at the company.
ANSWER:
21. If you answered in the affirmative to the preceding Interrogatory, please
identify in detail the work that was performed by the environmental consultant or any
other contractors to correct the alleged structural damages caused by Plaintiff's blasting.
ANSWER
22. If any written reports have been generated by any contractors or
consultants who have inspected and evaluated your home, please confirm if a written
report was generated. If yes, please attach a copy of the report.
ANSWER
593108-1
23. Identify each person whom you expect to call as an expert witness at the
trial of this case. As to each witness state:
(a) The subject matter on which he is expected to testify.
(b) The facts and opinion to which he is expected to testify.
(c) A summary of the grounds for each opinion.
(d) Whether the facts and opinions listed in (b) above are contained in a
written report, memorandum, or other transcript and if they are, give the
name and address of the present custodian of same and state whether
you will produce the same without the necessity of a motion.
(e) If the opinion of any expert listed above is based in whole or in part on
any scientific rule or principle, set forth the said rule or principle.
(f) If the opinion of any expert listed above is based in whole or in part on
any code, regulation or standard, governmental or otherwise, 'identify the
said code, regulation or standard ad specifically set forth the section
relied upon.
(g) If the opinion of any expert listed above is based in whole or in part upon
any scientific or engineering textbook or other publication, identify said
text or publication.
(h) Provide a copy of the curriculum vitae of each and every expert witness
you expect to call at the trial of this case.
ANSWER:
593108-1
24. Identify each person whom you expect to call as witness at the trial of
this case, other than expert witnesses. As to each witness state:
(a) The subject matter on which the person is expected to testify.
(b) The facts to which the person is expected to testify.
(c) Whether the facts listed in (b) above are contained in a written report,
memorandum, or other transcript and if they are, give the name and
address of the present custodian of same and state whether you will
produce the same.
ANSWER:
25. With respect to each person you expect to call as an expert witness at the
trial of this case, state:
(a) His age, residence and business address;
(b) The name and address of his present employer or if self employed,
the name of the business and his occupation;
(c) His educational background specifying the colleges attended, dates
of attendance, degrees attained, and a detailed list of all writings
prepared by the expert or in which the expert participated in any
way whatsoever.
(d) Specifically identify all of the courses attended, seminars attended
and other activities on the part of the expert within the past ten
(10) years which were concerned with the subject for which the
expert was retained in this case.
(e) The name and address for the persons or firms for whom the
individual worked for the last ten (10) years and a detailed
description of all duties at each place of employment. If the expert
was self-employed, state specifically and in detail the description of
his duties and responsibilities.
ANSWER:
593108-1
26. Identify all exhibits that you intend to use at the trial of this matter and state
whether they will be used during the liability or damages portions of the trial.
ANSWER:
THOMAS, THOMAS & HAFER, LLp
By:
Brooks R. o and, Esquire
Attorneys for Plaintiffs
593108-1
THOMAS, THOMAS & HAFER LLP
Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6"' Floor
POB 999
Harrisburg, PA 1 7 1 08-0999
(717) 255-7626
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
vs.
MICHAEL F. RONCA & SONS, INC.,
Defendants
Attorneys for Michael F. Ronca & Sons, Inc.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served
by depositing the same in the United States Mail, postage prepaid, on this the 20th day
of May, 2008 as follows:
Douglas G. Miller, Esquire
IRWIN & MCKNIGHT
60 W. Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By: "4.
Barbara Onorato, Paralegal
Attorneys for Defendant
593108-1
THOMAS, THOMAS & HAFER LLP
Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6" Floor
POB 999
Harrisburg, PA 1 7 1 08-0999
(717) 255-7626
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
vs.
MICHAEL F. RONCA & SONS, INC.,
Defendants
Attomeys for Michael F. Ronca & Sons, Inc.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS
OF DEFENDANT MICHAEL F. RONCA & SONS, INC
DIRECTED TO PLAINTIFF
TO: Jane S. Eberts, Plaintiff
c/o Douglas G. Miller, Esquire
60 W. Pomfret Street
Carlisle, PA 17013
Defendant hereby requests that you furnish pursuant to Rule 4009 of the
Pennsylvania Rules of Civil Procedure, at our expense, or permit the Defendant or
someone acting on its behalf to inspect, examine, and copy the following items
concerning this action which are in the possession, custody, or control of the Plaintiffs,
counsel for Plaintiffs, or any other person or entity acting on behalf of Plaintiffs,
including any insurer(s) for Plaintiff(s). Said items shall be produced or made available
for inspection at the office of Defendant's attorneys located at 305 North Front Street,
Harrisburg, Pennsylvania within thirty (30) days after service of this Request, on a date
and time to be arranged between counsel:
DOCUMENTS REQUESTED
1. All photographs showing, representing or purporting to show any of the
persons, property, damages, and any and all other matters related to the subject matter
of this litigation.
2. All diagrams, sketches, plans, measurements, or blueprints showing,
representing or purporting to show any of the instrumentalities, persons, property,
damages, or other matter involved in the incident which form the basis of Plaintiffs'
Complaint or cause of action.
3. All statements, including but not restricted to those defined by Pa.R.C.P.
4003.5, 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 incident, the subject matter, the claims, the
damages, injuries, or any other matter involved in or pertaining to this case.
4. All expert opinions, expert reports, expert summaries or other writings of
experts, and curriculum vitae as to each such expert or experts to be used at trial which
relate to the subject matter of this litigation and the incident in question.
5. All documents prepared by you or by any insurer(s), representative(s),
agent(s) or anyone acting on your behalf, except your attorney(s), during an
investigation of any aspect of the incident in question. Such documents shall include
any documents made or prepared through the present time with the exclusion of mental
impressions, conclusions or opinions respecting the value or merit of a claim or defense
or respecting strategy or tactics.
(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,
593108-1
notes, memoranda, summaries, analyses, projections, indices, work papers,
studies, test reports, test results, surveys, diaries, calendars, films, photographs,
videos, movies, diagrams, drawings, sketches, minutes of 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 Plaintiffs, their former or
present counsel, agents, employees, officers, insurers or any other persons acting
on their behalf.)
6. If not otherwise covered by the above Requests, any and all documents
regarding your investigation of the incident in question, with the exclusion of the mental
impressions, conclusions or opinions respecting the value or merit of a claims or defense,
or respecting strategy or tactics.
7. Any and all written communication to and from various contractors,
reports, estimates, bills, invoices, proofs of payment, drawings, plans, specifications,
reports and photographs regarding repairs and/or renovations performed or to be
performed on the subject property, since the incident.
8. All documents relating in any way to all damages and losses sustained by
Plaintiffs. This should include, but not be limited to medical reports, n'ledical bills,
receipts, and all other documents in any way relating to Plaintiffs' alleged damages.
9. All documents, reports, and other writings supporting your loss, property
damage, and consequential damage claims including, without limitation, all repair bills
and repair estimates, as well as all documents, reports, or other writings supporting the
assertions alleged in Plaintiffs' Complaint.
10. Any and all written communication to and from various contractors or
structural engineers, reports, photographs, or other proof of damage caused by the
incident.
11. All insurance agreements and documents relating to the subject of the
litigation.
593108-1
12. Any release or other agreement between any persons or entities given or
obtained in regard to the subject incident.
13. All documents and things used or consulted in preparation of answers to
interrogatories.
14. 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.
15. A copy of the deed to the subject property.
16. If not covered by the above-requests, any and all documents which
evidence any facts on the basis of which it will be asserted that the Defendant caused or
contributed to the happening of the damages sustained by the Plaintiffs.
17. Any and all documents which would support any claims for damages
averred in Plaintiffs' Complaint.
This request should be deemed continuing and any response should be
supplemented upon receipt of additional information.
THOMAS, THOMAS & HAFER, LLP
By:
Brook R. Foland, Esquire
Attorneys for Defendant
593108-1
THOMAS, THOMAS & HAFER LLP
Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6°i Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
vs.
MICHAEL F. RONCA & SONS, INC.,
Defendants
Attorneys for Michael F. Ronca & Sons, Inc.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served
by depositing the same in the United States Mail, postage prepaid, on this the 20th day
of May, 2008 as follows:
Douglas G. Miller, Esquire
IRWIN & MCENIGHT
60 W. Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By: - /'/ "t? 6""?
Barbara Onorato, Paralegal
593108-1
LAW OFFICES
IRWIN & McKNIGHT
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET HAROLD S. IRWIN (1925-1977)
ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222 HAROLD S. IRWIN, JR. (1954-1986)
MARCUS A. McKNIGHT, III IRWIN, IRWIN & IRWIN (1956-1986)
DOUGLAS G. MILLER (717) 249-2353 IRWIN, IRWIN & McKNIGHT (1986-1994)
STEPHEN L. BLOOM FAX (717) 249-6354 IRWIN, MCK,NIGHT & HUGHES (1994-2003)
MATTHEW A. McKNIGHT WWW.IRWINMCKNIGHT. COM IRWIN & McKNIGHT (2003- )
August 1, 2008
VIA FACSIMILE (71_7) 237-7105 and U.S. MAIL
BROOKS R. FOLAND, ESQUIRE
THOMAS, THOMAS & HAFER, LLP
P.O. BOX 999
HARRISBURG, PA 17108
RE: EBERTS v MICHAEL F. RONCA & SONS, INC.
No. 2007 - 3163, Cumberland County
Dear Attorney Foland:
Pursuant to my conversation with your office this morning, my client had a family matter
come up for Monday that will prevent her from being available for deposition. I had alternate
dates available for August 13th, 14th, and 15th, but I understand that you are unavailable for all of
those dates.
I am currently waiting for my client to advise me as to her availability for August 19th,
27tH, 28th, and 29th. I understand from my conversation with your office that both of us have
open times on those days in order to reschedule the deposition. I have also requested that my
client provide me with the completed discovery answers to that those might be finalized and
served prior to the rescheduled deposition.
I will be in contact with your office as soon as I hear back from my client. I apologize
for the late notice of a conflict, but appreciate your office's willingness to reschedule.
Very truly yours,
IRWIN & McKNIGHT
Dougla G. Miller
DGM:tds
cc: Jane S. Eberts
THOMAS, ThOMAS & HAFER LLP
ATTORNEYS AT LAW
Mailing Address: P.O. Box 999, Harrisburg, PA 17108
Street Address: 305 North Front Street, Harrisburg, PA 17101
Phone: (717) 237-7100 Fax: (717) 237-7105
December 3, 2008
Douglas G. Miller, Esq.
Irwin & McKnight
6o West Pomfret Street
Carlisle, PA 17013
Re: Jane Eberts v. Michael F. Ronca & Sons, Inc.
Our File: 221-71489
Dear Mr. Miller:
www.tthlaw.com
Brooks R. Foland
(717) 255-7626
bfoland@tthlam,.com
It was nice meeting you and your client a few weeks ago at her deposition. By way of follow
up, please provide to me plaintiff s answers to discovery as soon as possible. I would like to
have your answers, in fact, within the next ten business days if not sooner. Thank you in
advance for your cooperation in that regard.
Please provide to me the personal calendar kept by Ms. Eberts for the calendar years 2004
and 2005. Please also provide to me her handwritten notes of various conversations that she
had with the township, solicitor and possibly Ronca & Sons during or after the blasting
activities.
Ms. Eberts testified that her home was appraised by or at the request of Members First Bank
when she refinanced her home in or around 2000 or 2oo1. Please provide to me a copy of
that appraisal.
Ms. Eberts also testified that her home was up for sale in the mid 199os and in fact was under
agreement of sale for $107,50o at one point. The sale fell through when the septic system
could not be certified. Please provide any and all documentation regarding that agreement of
sale, including a copy thereof at your first opportunity.
Ms. Eberts was not certain whether any photographs existed of the home either previous to
the blasting nr_PEst-Insfi?_plegebavp,l?A&-.bers..searsl thr-ugh heome and _qrs, -to -
see see what, if any, photographs may exist pre and post-blasting.
Bethlehem Office + 3101 Emrick Blvd, Suite 310, Bethlehem, PA 18020 -Phone: (610) 868-1675 *Fax: (610) 868-1702
Pittsburgh Office + 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 +Phone: (412) 697-7403 -Fax: (412) 697-7403
Baltimore Office + Six East Mulberry Street, Baltimore, MD 21202 -Phone: (410) 752-0075 *Fax: (410) 752-4744
THOMAS, THOMAS & , FER LLP
Page 2
Ms. Eberts testified that a lot of work has been done to her home since the blasting activity
occurred. She named for me various contractors who have come to her home to perform
various work, including Donald Rotz, Hunter Douglas, landscapers, plumbers, Carlisle
Kitchen Center, Lee Rife and possibly others. Please ask Ms. Eberts to provide to you so that
you can provide to me any and all invoices, work orders, receipts and canceled checks for any
and all work performed on her home since the blasting activity occurred.
If not already with the documents to be produced in discovery, please produce the neighbor's
schedule of blasting dates. I believe Ms. Eberts testified that Bill and Norma at 20 Annondale
Drive wrote down on their personal calendar the dates on which blasting occurred. I was not
certain whether this was going to be produced in discovery or whether I should request is
separately. I am doing so now.
If you require a formal discovery request for any of this information, please let me know and I
will prepare one and send it to you. If I do not hear from you, I 'will assume that this letter
request is sufficient.
Thank you for your attention to this matter.
Very truly yours,
THOMAS, THOMAS & HAFER, LLP
Brooks R. Foland
BRF/cmP563222.4
bcc: Michael Rebuck, Claim: ooo653-001271-GD-o1
Lynda Barry
Sam Talarico
A
CERTIFICATE OF SERVICE
AND NOW, this 16 ?-' day of ZoaLA- 2009, I, Kristi L.
Munshower, a paralegal for the firm of THOMAS, T OMA & HAFER, LLP, attorneys for
Defendants, hereby certify that I have this day served the within document by depositing a copy
of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed
to:
Douglas G. Miller, Esq.
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
sti L. Munshower, Paraleg
Y THE
2009 JUL 17 Ptl 12: r `;
?.ftrh" 1 :Ja zv'
k
I t
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
vs.
MICHAEL F. RONCA & SONS, INC.,
Defendants
(1 3
J :1 jt
L ? tr;t?
THE COURT OF COMMON PLEAS
MBERLAND COUNTY,
?;NSYLVANIA
ACTION - LAW
.2007-3163 CIVIL TERM
Y TRIAL DEMANDED
ORDER
AND NOW, this - 1day of 2009, the Motion of
Defendant, Michael F. Ronca & Sons, Inc., to Compel Answers to Interrogatories and a
Response to Request for Production of Documents Directed to Plaintiff i
is der ORDERED that Plaintiff /
to_the nnician ixac? dice ?*?T-.?^„P<
lAL?, within 20 days or W,-prve dea fm _rF '?' a enrh PviciPn?P nr tPCt,m^n?, at
LIM- Mal 01 S
t
J.
F!l EQ--i'r CF
OF THE OTARY
2009 JUL 21 PM 1: 4 8
Cu"ip
r-EN NS ttji:hi
THOMAS, THOMAS & HAFEP, LLP
Anthony T. Lucido, Esquire
I.D. No. 76583
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
(717) 255-7632
alucido@tthlaw.com
JANE S. EBERTS a/k/a S. JANE
EBERTS,
Plaintiff
V.
MICHAEL F. RONCA & SONS, INC.,
Defendants
Attorney for Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
PRAECIPE FOR SUBSTITUTION OF APPEARANCE
TO THE PROTHONOTARY:
Please substitute the appearance of Anthony T. Lucido, Esquire, for that of Brooks R.
Foland, Esquire as counsel on behalf of Defendants in the above-captioned matter.
Dater/
THOMAS, THOMAS, & HAFER, LLP
Anthony T. Lucido, Esquire
Attorney I.D. No. 76583
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255-7234
CERTIFICATE OF SERVICE
A
On this 40 day of August, 2009, I, Jennifer L. Deitch, legal secretary, with the law
firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have, this day, served a true and
correct copy of the PRAECIPE FOR SUBSTITUTION OF APPEARANCE upon the
person(s) and at the address(es) below by United States First Class Mail, postage prepaid, in
Harrisburg, PA:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
,4 ??
Jenni er L. Dei ch
Legal Secretary to Anthony T. Lucido
:726227.1
er ?;
1OF TIFF F °OTARY
20,D9 AUG 21 l i l 2: 33
Ciu
THOMAS, THOMAS & HAFER, LLP
Anthony T. Lucido, Esquire
I.D. No. 76583
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
(717) 255-7632
alucido@tthlaw.com
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
V.
JURY TRIAL DEMANDED
Attorney for Defendants
THE COURT OF COMMON PLEAS
MBERLAND COUNTY, PENNSYLVANIA
ACTION - LAW
MICHAEL F. RONCA & SONS, INC., 0.2007-3163 CIVIL TERM
Defendants
NOTICE OF INTENT TO 'SERVE SUBPOENAS TO
.
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 41}09.21
TO: Counsel
Defendants, Michael F. Ronca & Sons, Inc., intend to serve subpoenas upon Roy Kerry,
M.D., Norman Plank, D.C., and Sandy Abbey, CRNP. The subpoenas to be served are
identical to the ones attached to this notice. You have twenty (20) days from the date listed
below in which to file of record and serve upon the undersigned an objection to the subpoenas.
If no objection is made, the subpoenas may be served.
Respectfully submitted,
Date: R g4 jbq
THOMAS, THOMAS & HAFER, LLP
7- C--,
By:
Anthony T. Lucido, Esquire
I . D. #76583
(717) 255-7626
Attorneys for Defendants
730306.1
A
Commonwealth of Pennsylvania
County of Cumberland
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
V.
MICHAEL F. RONCA & SONS, INC.,
Defendants
THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
ACTION - LAW
0.2007-3163 CIVIL TERM
Y TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR
THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22
To: Rol, Kerry, MD Advanced Integrated Medicine, 17 Sixth Avenue, Greenville, PA 16125
[Name of Person or Entity]
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Anv and all medical records. including, but not limited to, office notes, test results, correspondence
consultations laboratory slips and results, etc., ofJane S. Eberts, a/k/a S. Jane Eberts and/or Susan Eberts,
DDB: 1010611955, SSN. 206-36-5253, providing all records, beeinningl0106/1955, up to and including the
present time
at Thomas Thomas & Hafer LLP P.O. Box 999, Harrisburg PA 17108
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Antony T. Lucido, Esquire
Attorney ID# PA 76583
P.O. Box 999, Harrisburg, PA 17108
(717)255-7626
Attorney for Defendants
DATE: cl. °f
BY THE COURT:
/51
BY
[Prothonotary]
Seal of the Court
Commonwealth of Pennsylvania
County of Cumberland
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
V.
MICHAEL F. RONCA & SONS, INC.,
Defendants
ACTION - LAW
0.2007-3163 CIVIL TERM
TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR
THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22
To: Norman L Plank, D.C., Carlisle Chiropractic Clinic, 21 West Pomfret St., Carlisle, PA 17013
[Name of Person or Entity]
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Ann, and all medical records, including, but not limited to, office notes, test results, correspondence
consultations laborator?, slips and results etc., ofJane S. Eberts, a/k/a S. Jane Eberts and/or Susan Eberts,
DOB: 1010611955, SSN: 206-36-5253, providing all records, beginningl010611955, up to and including the
present time
at Thomas Thomas & Hafer LLP P.O. Boa 999. Harrisburg, PA 17108
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Antony T. Lucido, Esquire
Attorney ID# PA 76583
P.O. Box 999, Harrisburg, PA 17108
(717)255-7626
Attorney for Defendants
BY THE COURT:
DATE: S : G BY
[Prothonotary]
Seal of the Court
Commonwealth of Pennsylvania
County of Cumberland
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
V.
MICHAEL F. RONCA & SONS, INC.,
Defendants
ACTION - LAW
2007-3163 CIVIL TERM
TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR
THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22
To: Sandy Abbey, CRNP, 3201 Spring Road, Carlisle, PA 17013
[Name of Person or Entity]
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Any and all medical records, including, but not limited to, office notes, test results, correspondence,
consultations, laboratory slips and results, etc ofJane S. Eberts a/k/a S. Jane Eberts and/or Susan Eberts,
DOB: 1010611955, SSN• 206-36-5253, providing all records berinnin,0010611955, up to and including tine
present time
at Thomas Thomas & Hafer LLP P.O. Boa 999, Harrisburg PA 17108
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Antony T. Lucido, Esquire
Attorney ID# PA 76583
P.O. Boa 999, Harrisburg, PA 17108
(717)255-7626
Attorney for Defendants
DATE:
fC.r?
BY THE COURT:
[Prothonotary]
Seal of the Court
CERTIFICATE OF SERVICE
AND NOW, this day of _?? ( jjjzA. 2009, I, Megan L. Younkins, a
Paralegal of the firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and
correct copy of the foregoing document by placing a copy of the same in the United States Mail,
postage prepaid, to the following:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By. i*'j '-
M a L. Yon ins, Paralegal
730306.1
07 T
r L.
213 C9 2 9 P J
THOMAS, THOMAS & HAFER, LLP
Anthony T. Lucido, Esquire
I.D. No. 76583
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
(717) 255-7234
alucido@tthlaw.com
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
v.
MICHAEL F. RONCA & SONS, INC.,
Defendants
Attorney for Defendants
THE COURT OF COMMON PLEAS
MBERLAND COUNTY, PENNSYLVANIA
ACTION - LAW
2007-3163 CIVIL TERM
Y TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached
thereto was mailed or delivered to each party at least twenty days prior to the day on which the
subpoenas were sought to be served;
2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to
this Certificate;
3. More than 20 days have elapsed and no objections have been filed;
4. The subpoenas which will be served are identical to the subpoenas which are
attached to the Notice of Intent to Serve Subpoenas.
Respectfully submitted,
Date: 2 I D `?
THOMAS THOMAS & HAFER, LLP
?_
Anthony T. Lucido, Esquire
I.D. #76583
(717) 255-7234
Attorneys for Defendants
745739.1
U r
777
V
-_ ( T Y
- r7?
THOMAS, THOMAS & HAFER, LLP
Anthony T. Lucido. Esquire
I.D. No. 76583
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
(717) 255-7632
alucido@tthlaw.com
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
V.
Attorney for Defendants
THE COURT OF COMMON PLEAS
IMBERLAND COUNTY, PENNSYLVANIA
ACTION - LAW
MICHAEL F. RONCA & SONS, INC., 0.2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS TO
TO: Counsel
Defendants
PRODUCE ;DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Defendants, Michael F. Ronca & Sons, Inc., intend to serve subpoenas upon Roy Kerry,
M.D., Norman Plank, D.C., and Sandy Abbey, CRNP. The subpoenas to be served are
identical to the ones attached to this notice. You have twenty (20) days from the date listed
below in which to file of record and serve upon the undersigned an objection to the subpoenas.
If no objection is made, the subpoenas may be served.
Respectfully submitted,
Date: q g10q
THOMAS, THOMAS & HAFER, LLP
By.
i
Anthony T. Lucido, Esquire
I.D. #76583
(717) 255-7626
Attorneys for Defendants
730306.1
Commonwealth of Pennsylvania
Count}, of Cumberland
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
A'.
MICHAEL F. RONCA & SONS, INC.,
Defendants
ACTION - LAW
0.2007-3163 CIVIL TERM
Y TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR
THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22
To: Roy Kern,, MD, Advanced Integrated Medicine, 17 Sixth Avenue, Greenville, PA 16125
[Name of Person or Entity]
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Ant, and all medical records, including, but not limited to, office notes, test results correspondence
consultations, laboratort? slips and results, etc.. ofJane S. Eberts. a/k/a S. Jane Eberts and/or Susan Eberts
DOB: 1010611955, SSN. 206-36-5253, providin- all records, be-innin 10/06/1955, up to and includinn the
present time
at Thomas. Thomas & Hafer, LLP. P.O. Box 999. Harrisburg. PA 17108
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Antony T. Lucido, Esquire
Attorney ID# PA 76583
P.O. Box 999, Harrisburg, PA 17108
(717)255-7626
Attorney for Defendants
DATE:
BYY THE COURT:
[Prothonotary]
Seal of the Court
Commonwealth of Pennsylvania
Count}, of Cumberland
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
V.
MICHAEL F. RONCA & SONS, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-3163 CIVIL TERM
PRY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR
THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22
To: Norman L Plank D.C., Carlisle Chiropractic Clinic 21 West Pomfret St.. Carlisle, PA 17013
[Name of Person or Entity]
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
An), and all medical records, including, but not limited to, office notes, test results, correspondence,
consultations laboratorjJ slips and results etc. ofJane S. Eberts, a/k/a S. Jane Eberts and/or Susan EbeHs,
DOB: 1010611955, SSN• 206-36-5253, providing all records beainningl010611955, up to and including the
present time
at Thomas Thomas & Hafer. LLP P.O. Box 999 Harrisbum, PA 17108
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Antony T. Lucido, Esquire
Attorney ID# PA 76583
P.O. Box 999, Harrisburg, PA 17108
(717)255-7626
Attorney for Defendants
BY THE COURT:
DATE: BY
Y
[Prothonotary]
Seal of the Court
Commonwealth of Pennsylvania
County of Cumberland
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
V.
MICHAEL F. RONCA & SONS, INC.,
Defendants
ACTION - LAW
0.2007-3163 CIVIL TERM
Y TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR
THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22
To: Sande Abbey, CRNP. 3201 Spring Road, Carlisle. PA 17013
[Name of Person or Entity]
NA7ithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Anil and all medical records, including, but not limited to, office notes, test results correspondence,
consultations, laboratort, slips and results, etc., ofJane S. Eberts, a/k/a S. Jane Eberts and/or Susan Eberts
DOB. 1010611955, SSA': 206-36-5253, providing all records, berinnin,0010611955, up to and includinz tlae
present time
at Thomas, Thomas & Hafer. LLP. P.O. Boa 999, Harrisburg PA 17108
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Antony T. Lucido, Esquire
Attorney ID# PA 76583
P.O. Boa 999, Harrisburg, PA 17108
(717)255-7626
Attorney for Defendants
BY THE COURT:
DATE:, BY//
v
[Prothonotary]
Seal of the Court
CERTIFICATE OF SERVICE
AND NOW, this ?? day of 2009, 1, Megan L. Younkins, a
Paralegal of the firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and
correct copy of the foregoing document by placing a copy of the same in the United States Mail,
postage prepaid, to the following:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
tO n L. Yo kins, Paralegal
730306.1
CERTIFICATE OF SERVICE
AND NOW, this ?:??4day of Ocfwb? , 2009, I, Megan L. Younkins, a Paralegal
of the firm of Thomas, Thomas & Hafer LLP, hereby certify that 1 sent a true and correct copy of the
foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the
following:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By.
L. Yo tki s, Paralegal
745739.1
ALE)-OFFICE
OF THE PROTHONOTARY
2009OCT 27 AM 9= 06
CUPS E ;E_:=? 40 ,„UrlY
PENNSYLbANIA
FILM"Orra
T THE PtO tOM
THOMAS, THOMAS & HAFER, LLP
Anthony T. Lucido, Esquire
I.D. No. 76583
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
(717) 255-7234
alucido@tthlaw.com
2010 MAR -2 PM 2= 19
P YUI
Attorney for Defendants
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
V.
MICHAEL F. RONCA & SONS, INC.,
Defendants
THE COURT OF COMMON PLEAS
TMBERLAND COUNTY, PENNSYLVANIA
ACTION - LAW
2007-3163 CIVIL TERM
Y TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Defendant certifies that:
I. A Notice of Intent to Serve a Subpoena with copies of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the day on which the
subpoenas were sought to be served;
2. A copy of the Notice of Intent, including the proposed subpoena, is attached to
this Certificate;
3. More than 20 days have elapsed and no objections have been filed;
4. The subpoena which will be served is identical to the subpoena which is attached
to the Notice of Intent to Serve a Subpoena.
Respectfully submitted,
Date: 5? ? 1 to
THOMAS, THO ? & HAFER, LLP
Anthony T. Lucido, Esquire
I.D. 476583
(717) 255-7234
Attorneys for Defendants
785423.1
THOMAS, THOMAS & HAFER, LLP
Anthony T. Lucido, Esquire
I.D. No. 76583
305 North Front Street
P. O. Boa 999
Harrisburg, PA 17108
(717) 255-7632
alucido@tthlaw.com
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
V.
MICHAEL F. RONCA & SONS, INC.,
Defendants
Attorney for Defendants
N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Counsel
Defendants, Michael F. Ronca & Sons, Inc., intend to serve subpoenas identical to the
ones attached to this notice. You have twenty (20) days from the date listed below in which to
file of record and serve upon the undersigned an objection to the subpoenas. If no objection is
made, the subpoenas may be served.
Respectfully submitted,
THOMAS, THOMAS AFER, LLP
By:
Anthony T. Lucido, Esquire
I.D. #76583
(717) 255-7626
Date: 1/22/2010 Attorneys for Defendants
730306.2
Commonwealth of Pennsylvania
County of Cumberland
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
THE COURT OF COMMON PLEAS
MBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL F. RONCA & SONS, INC.,
Defendants
ACTION - LAW
2007-3163 CIVIL TERM
Y TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR
THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22
To: Dr. Robert Zuckerman, 2151 Lin2lestown Rd, Harrisbure. PA 17110
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Anj, and all medical records, including but not limited to office notes test results correspondence
consultations, laboratory slips and results, etc. of Jane S. Eberts aAkAa S Jane Eberts and/or Susan Eberts
DOB: 1010611955, SSA': 206-36-5253, providing all records beginning1010611955 up to and including the
present time
at Thomas, Thomas & Hafer, LLP, P.O. Box 999. Harrisburg PA 17108
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following person:
Anthony T. Lucido, Esquire
Attorney ID# PA 76583
P.O. Box 999, Harrisburg, PA 17108
(717) 255-7234
Attorney for Defendants
By the Court:
DATE:
Seal of the Court
BY
[Prothonotary]
CERTIFICATE OF SERVICE
AND NOW, this 22"d day of January, 2010, I, Megan L. Younkins, a Paralegal of the firm
of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the
foregoing document by placing a copy of the same in the United States Mail, postage prepaid,
to the following:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By:
e n . Yon ins, Paralegal
730306.2
CERTIFICATE OF SERVICE
AND NOW, this I day of , 2010, I, Megan L. Younkins,-a Paralegal
of the firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the
foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the
following:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By:
Me an . Y u ins, Paralegal
785423.1
JANE S. EBERTS a/k/a S. JANE
EBERTS,
Plaintiff,
V.
MICHAEL F. RONCA & SONS, INC.,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
c
• C7 r,.a ._tl
CIVIL ACTION - LAW
No
2007 - 3163
.
JURY TRIAL DEMANDED s ?_ cT a?
PLAINTIFF'S RESPONSE TO DEFENDANT'S
MOTION FOR SUMMARY JUDGMENT = = ?.
AND NOW, this 13TH day of June, 2011, comes the Plaintiff, Jane S. Eberts a/k/a S. Jane
Eberts, by and through her attorneys, Irwin & McKnight, P.C. and pursuant to Rule 1035.3
respectfully files the following response to Plaintiff's Motion for Summary Judgment and in
support thereof avers as follows:
1. There exist genuine issues of material fact arising from evidence in the record that
controvert the assertions pled by the Defendant.
2. Plaintiff pled in its Complaint that Defendant was hired as the general contractor
by the South Middleton Township Municipal Authority to install certain water and sewer mains
near Walnut Bottom Road and that Defendant subsequently hired Final Focus Productions to
perform certain pre-construction inspections of the homes where the blasting and construction
work was to be performed (Pl. Compl. ¶¶ 4-10; Ex. "B").
3. According to the letter sent to the Plaintiff and attached at Exhibit "B" to her
Complaint:
The general contractor Michael S. Ronca & Sons, Inc., contracted Final
Focus Productions to perform pre-construction inspection and possible
photography of the residences within this construction zone. This
inspection requires examination of the interior and exterior of each
structure including each room of the house, foundations, patios, walkways
and driveways. Any abnormalities such as broken glass, cracks in walls
and ceilings, cracks in concrete and macadam, will be photo documented
for the general contractor.
4. In her deposition, Plaintiff testified that in fact a representative from Final Focus
Productions did come to her home and took several photographs prior to any blasting or
construction work being commenced by Defendant. (See Pl. Dep. Transcript, pp. 32-40,
attached hereto as Exhibit "A.")
5. As noted in Exhibit "A" attached to the Defendant's Motion for Summary
Judgment, the Defendant did in fact commence blasting work as part of the installation of the
water and sewer lines from January 2005 through May 2005.
6. The blasting work performed by the Defendant was not done "intermittently" as
characterized by Defendant in its Motion, but was instead an ongoing project that continued
regularly over the course of several months:
a. The blasting lasted "weeks" according to neighbor Lisa Piper, with
shaking of her house occurring on "numerous" times over the course of those weeks,
without significant damage being observed until the flooding of their basement later that
spring (See Dep. Transcript, pp. 8-13, attached hereto as Exhibit "B")
b. Neighbor Gregory C. Piper also confirmed that blasting took place over
several months between January 2005 and May 20051 that Defendant was having
problems installing the utility lines, and that the blasting occurred on multiple occasions
causing his house to shake and at least once to fall off his couch (See Dep. Transcript, pp.
8-9, 13, 21, attached hereto as Exhibit "C").
C. The written blasting schedule prepared by another neighbor and attached
as Exhibit "A" to the Defendant's Motion also confirms that there was a regular pattern
of blasting from January 2005 through May 2005.
7. Defendant's blasting was not an isolated incident limited to one day, but was a
course of conduct that occurred on a regular basis from at least January 4, 2005, through May 24,
2005.
2
8. Similarly to the neighbors, Mr. and Mrs. Piper, Plaintiff also did not discover the
extent of the damage caused until after the blasting had ended. (See Pl. Dep. Transcript, pp. 61-
65, attached hereto as Exhibit "D.").
9. Defendant has not yet produced a copy of its contract with the municipality, and
while the Plaintiff may not have been mentioned by name, the purpose of the work performed
was for the properties mandated to connect to the municipal water and sewer system.
10. Plaintiff's property was one of those properties mandated to connect to the water
and sewer system installed by Defendant.
11. Defendant also sent its contracted agent to photograph Plaintiff's residence,
specifically focusing upon any preexisting damages, prior to any blasting work being performed
on the project.
12. Plaintiff was therefore clearly an intended third party beneficiary of the contract
between Defendant and the municipality.
13. In the alternative, Plaintiff respectfully requests that Defendant's Motion be
denied until. a copy of its municipal contract is provided to Plaintiff.
14. Defendant's blasting took place over a significant period of time, was a course of
conduct over a period of months, and according to the evidence provided by Plaintiff in this
matter did not end until at least May 24, 2005.
15. Defendant's negligence and continuing trespass upon Plaintiff's property did not
end until at least May 24, 2005, and therefore Plaintiff s action is not beyond the two-year statute
of limitations period.
16. The Defendant's Motion further relies upon the oral testimony only of witnesses
and there is therefore a genuine issue of material fact because the cause of action is dependent
upon the credibility and demeanor of the witnesses who will testify at trial.
3
WHEREFORE, Plaintiff respectfully requests that this Court deny the Defendant's
Motion for Summary Judgment, or, in the alternative, require Defendant to provide a copy of its
contract with the municipality in this matter.
Respectfully Submitted,
IRWIN & McKNIGHT, P.C.
v? v
Douglas '. Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Plaintiff
Date: June 13, 2011
4
32
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. Yes.
Q. And there was a project going around where
they were going to put in public sewer and public
'water?
A. Yes.
Q. And you received notification from South
Middleton Township of this project?
A. Yes.
Q. In fact, you attached to the Complaint that
you filed in this matter as Exhibit A, I believe, a
letter from South Middleton Township dated July 26,
2004 advising you of the project and the various fees
for you to tap into their lines?
A. Yes.
Q. And did you, in fact, receive that letter
from the township?
A. Yes.
Q. Did you do anything as a result of
:receiving that letter?
A. I read the letter.
Q. Attached as Exhibit B to your Complaint is
a letter from Final Focus dated September 21, 2004
addressed to property owner. And, again, it talks
about the installation of public sewer and water.
In particularly it talks about
33
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
preconstruction and inspection and photographing of
various residences within the construction zone. It's
a form letter; it's not addressed to you specifically,
but do you recall, Ms. Eberts, receiving that form
letter from Final Focus?
A. Yes, I do.
Q. And it talks about in-person visits in
order to do the preconstruction inspection. It
indicates that the preinspection visits would take 15
to 30 minutes and that you're to call the
Mechanicsburg office to schedule your preconstruction
inspection. Did you, in fact, do that?
A. Yes, I did.
Q. Do you know when someone came out to your
home?
A. I don't recall.
Q. Do you know if it was in September or
whether it was in October of that year?
A. No, I don't.
Q. Do you keep track of your appointments?
A. Most of the time.
Q. How do you keep track of your appointments?
A. With a calender.
Q. And is this the calender that you keep on
your desk or refrigerator at home?
34
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. In my purse.
Q. And do you have your calender, maybe not on
your person, but somewhere at your home, for 2004 and
2005?
A. It is my belief that it should be there
somewhere.
Q. If you had called this phone number in this
letter, form letter from Final Focus asking you to
call them, would you have documented the date of your
call?
A. What I recall is talking to this gentleman
and telling him that I spend my winters in Florida and
he had to come before I left.
Q. When did you typically leave for Florida?
A. Following Christmas.
Q. So your only restrictions were that they
had to come do the preinspection photographing before
Christmas?
A. Please, yes.
Q. Do you know if they did that?
A. Yes, they did.
Q. And would you have documented on your
personal calender the date that they were going to
come out so that you knew they were coming?
A. I would believe that would have been my
35
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
normal behavior.
Q.
you don't
someone a
A.
Q-
A.
Okay. And do you recall
remember the date. But d
ctually coming out to your
Yes.
And do you remember this
I have that in writing.
someone -- I know
o you remember
home?
person's name?
I do not recall
his name.
Q. And where is it in writing?
A. On the Certificate of Insurance that I
required him to provide when he stepped on my
property.
Q. Do you have a copy of that Certificate of
Insurance in your paperwork?
MR. MILLER: I think you gave that to me.
THE DEPONENT: Yes, I think I did.
MR. FOLAND: That will be produced in
discovery?
MR. MILLER: Yeah. I can give you a copy
of it today.
THE DEPONENT: Might this be a good time
for me to take a quick break?
MR. FOLAND: Yes. Whenever you'd like to
do that, let me know.
(A brief recess was taken.)
36
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
BY MR. FOLAND:
Q. Ms. Eberts, before we --
A. I misstated information.
Q. All right. Do you want to correct a prior
answer that you gave?
A. Yes. I now recall it was not that he
needed to come before Christmas; he needed to come
before I flew to Florida in October. I recall that
now.
Q. And do you know when you flew into Florida?
A. I flew to Florida on the 30th of September,
I believe.
Q. So you believe they would have come
sometime on or before that date. Is that right?
A. Yes.
Q. Because you were home when they were there?
A. Yes. There was an appointment scheduled.
Q. And your attorney handed to me what's
called a Certificate of Insurance. The name of the
:insured is Final Focus Productions. Stephen Kownacki,
K-o-w-n-a-c-k-i, is listed as the person at Final
Focus Productions.
Does that name ring a bell to you?
A. Yes.
Q. I may have mispronounced it, but you
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
37
believe Mr. Kownacki is the guy that came to your
house?
A. Yes, he is.
Q. And he provided to you a copy of this
Certificate of Insurance?
A. Yes, he did.
Q. You wanted to make sure they were insured
before they came into your house?
A. That is as my insurance company demands it.
Q. And what did this individual do when he
came to your house?
A. Took pictures.
Q. Of your entire house?
A. That I don't recall.
Q. How long was he there?
A. 15 minutes.
Q. Was there any discussion while he did his
photographing?
A. Yes.
Q. What was the discussion of?
A. I thanked him for supplying me with the
certificate. I thanked him for coming in a timely
fashion for me, and then I said I have seven issues I
want to show you; I'm in a hurry.
Q. What seven issues did you want to show him?
38
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. Small cracks, etcetera.
Q. All right. And you have a really good
recall of a lot of detail. What seven areas or issues
did you show him in particular?
A. A crack in the mortar of an exterior flower
box. There was a crack in a beam in the kitchen.
There were some hairline cracks in calking above the
cupboards. There was a crack by the front door.
There was an area in the guest room where the border
had been overworked and came loose from the ceiling
along with a bit of paint.
Q. Wallpaper border?
A. Yes. There was a leak in that guest room.
Q. The ceiling, walls, what?
A. Ceiling.
Q. Anything else? That was six.
A. And a crack in the walkway between the
kitchen and the foyer in a low ceiling area.
Q. And why did you do this? Why did you take
him to these seven areas?
A. I was in a hurry.
Q. Were you going to Florida that day?
A. The next morning, early. I think I had to
leave my home at 4:30. It was a gift, the ticket. I
had no choice.
39
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. Did he photograph these areas that you
showed him?
A. Yes.
Q. Did he photograph other areas of your
house, if you know?
A. I do believe.
Q. Did he ask you, show me areas of your house
that have existing damage and that's why you took him
to these spots?
A. No.
Q. Did you do anything else while he was
there?
A. I escorted him around the property inside
and outside.
Q. Was there any discussion while this
:happened?
A. Yes.
Q. About what?
A. About my trip, about -- he had the same
:reaction as everyone who steps in my house; where did
all this house come from. It usually starts most
conversations of people who have never been in my
home.
Q. How many square feet is it total?
A. About 3,000.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
40
Q. Was there any discussion with this
individual about the construction activities that were
to take place?
A. Yes.
Q. What was that conversation about?
A. Firstly, I was happy to have someone come
and take photographs of my home. He was surprised by
that.
Q. Why were you happy?
A. Because it served everyone involved.
Q. What was your understanding as to the
purpose of that?
A. Having been in contracting for a long time,
I regarded it as protection for the contractor through
his insurance company.
Q. Did you have any detail discussions with
this inspection person about any concerns that you had
about the construction that was to take place?
A. I believe my comment to him was I have no
problems with my well nor my septic and that there
were people in the area who desperately needed this to
happen and that I was not looking forward to it.
Q. Was it optional for you or mandatory?
A. Mandatory.
Q. Anything else that you recall specifically
Multi-Pagel'` LISA PIPER
JUNE 16, ZULU
Page 2 Page 4
1 WITNESSES 1 told me before we went on the record that you never had a
2 NAME EXAMINATION 2 deposition like this. Lucky for you. And you'll we there
3 LISA PIPER 3 is a court reporter here. She's typing up everything
4 BY: MR. LUCIDO 3 4 that's said, and at the end of this there will be a
5 BY: MR. MILLER 24 5 transcript, a book that has all of my questions and all of
6 6 your answers in it. So what I need you to do, because
7 unlike normal conversation, the court reporter can't take
e 8 down uh-huh, huh-uh, or if you shake your head or nod, even
9 9 though I'd understand what you mean. If you answer my
10 10 question you need to do it verbally, say yes or no. Do you
11 11 understand that?
12 12 A Um-hum, yes.
13 13 Q I'll do my best not to talk over you before you
14 14 answer a question, and I ask you to wait until I'm finished
15 15 asking my question before you give me an answer. There's
16 16 going to be a lot of times where you'll know what I'm
17 17 asking you, and you'll be tempted as in normal conversation
19 18 to inject and say you know where I'm going. Try not to do
19 19 that, because she still has to take this down, and if we
20 20 both talk at the same time it makes her life difficult.
21 21 All right?
22 22 A Um-hum, yes.
23 23 Q This isn't a quiz. This may involve stuff that
24 24 happened -- in fact, I know it involves stuff that happened
25 25 five or six years ago. You may have not remember a lot of
Page 3
1 STIPULATION
2 It is hereby stipulated by and between counsel
3 for the respective parties that reading, signing, sealing,
4 certification and filing are hereby waived; and that all
5 objections except as to the form of the question are
6 reserved to the time of trial.
7
8 LISA PIPER, called as a witness, being duly
9 sworn, testified as follows:
110 EXAMINATION
11 BY MR. LUCIDO:
12 Q Mrs. Piper, good afternoon. We just met. My
13 name is Anthony Lucido. I represent Michael Ronca & Sons.
14 That name probably doesn't mean anything to you, but they
15 are a defendant in a lawsuit that's been brought by Jane
16 Ebert. I understand Miss Ebert is your neighbor, is that
17 right?
18 A Yes, she lives right behind -- her yard is right
19 behind our back yard, is directly behind each other.
20 Q Is her house behind your house?
21 A Yes. I live on the main road Walnut Bottom; she
22 lives on the road behind, so our back yards are back to
23 back.
24 Q We'll get into more details about where you live.
25 Let me just give you some very brief instructions. You
Page 5
1 what I'm going to ask you. If you don't remember, just
2 tell me. That's perfectly fine. Do you understand that?
3 A Yes.
4 Q If at any point I ask a question that you don't
5 understand, tell me that and I'll do my best to ask you
6 another question, rephrase it so you do understand it.
7 A Okay.
8 Q Because you're not represented by an attorney
9 here today, you do have an option after we're finished to
10 receive a copy of your transcript that you could review.
11 What will happen, there's a sheet at the back provided by
12 the court reporter, and if you find any errors in there,
13 you can note them on the sheet and submit them. On the
14 other hand, you can rely on the court reporter who is
15 excellent and just alleviate all that. Do you have a
16 preference, or would you like to wait and decide that
17 later?
18 A I have no preference.
19 Q Do you want to waive receiving a copy of your
20 transcript and rely on the court reporter?
21 A That's fine.
22 Q Give me your full name, please?
23 A Lisa Ann Piper.
24 Q What's your street address?
25 A 1622 Walnut Bottom Road, Carlisle PA 17015.
Page 2 -Page 5
TTTTCTHF.4_ AT.RRT(THT_ F01.TZ & WATAT.F 717-540-onom 7-393-5101
LISA PIPER
JUNE 16, 2010
Multi-Pap TM
Page 6
1 Q How long have you lived at that address?
2 A I l years.
3 Q You live there with your husband?
4 A Yes.
5 Q His name is Greg?
6 A Gregory.
7 Q Any children that live there?
8 A I have two girls.
9 Q Are they out of the house or still in the house?
10 A Ten and 13.
11 Q I think it listed that Miss Ebert's address is 16
12 Annendale Drive, does that sound right?
13 A I think you're correct.
14 Q Is it that she's on a different street than you
15 are, but your properties basically are adjacent to each
16 other?
17 A Yes.
18 Q Describe to me where your home is in relation to
19 her home.
20 A I live on Walnut Bottom, so Walnut Bottom is
21 here, which is in the front, you go back Adams Road or
22 Baker Road, either one, and then she's behind, so it's a
23 street behind Walnut Bottom.
24 Q So do your back yards sort of touch each other?
25 A Yes.
Page 7
1 Q In other words, where her back yard ends, your
2 back yard begins?
3 A Yes.
4 Q Walnut Bottom is essentially parallel to
5 Annendale?
6 A Yes.
7 Q Has she lived at her Annendale address the entire
8 time that you've been living on Walnut Bottom?
9 A Yes, yes.
10 Q Are you friends with Miss Ebert? How would you
11 characterize your relationship with her?
12 A Just as a neighbor. I just talk to her when
13 she's out in her back yard or I'm in my back yard. Her dog
14 comes to my yard. They go back and forth. Other than
15 that, there's no real --
16 Q Do you do things socially together at all?
17 A No.
18 Q But you're on friendly terms at least as
19 neighbors?
20 A Yes, if she needs help, we'll help her pick up
21 the sticks or something, because her health is not the
22 greatest. We do, do things to be generous.
23 Q The reason that you're here today -- I explained
24 it briefly before we went on the record -- it's my
25 understanding that there was a water and sewer project that
D. c n_ n
Page 8
1 took place in your neighborhood back in 2005, and there was
2 some blasting. Is that also your understanding?
3 A Yes.
4 Q Miss Ebert's identified you and your husband as
5 potential witnesses in this case who might have knowledge
6 about the blasting, and anything that might have happened
7 to your property or her property, so I want to ask you some
8 questions about that. Do you agree that there was blasting
9 going on in the Spring of 2005, in your neighborhood?
10 A Yes. It shook the house.
11 Q It shook your house?
12 A Yes.
13 Q Let me ask you this -- and I know this is a long
14 time ago. Do you have a specific memory of exactly when
15 this blasting was taking place in terms of the month it
16 would be happening?
17 A No, I don't remember the exact month. But I know
18 it was ongoing, and they -- they've done road work there
19 numerous times now with putting in the water and the sewer,
20 and now they're widening the road, so I've had numerous
21 road issues.
22 Q Do you have a sense, even though you've told me
23 that you can't remember exactly when, do you have a sense
24 of how long the blasting itself lasted? In other words,
25 was it a week, was it a month? Do you have any sense of
Page 9
1 how long that project was?
2 A It was weeks. It was weeks. Because they'd do
3 -- I think they did ours, and then did hers behind, or vice
4 versa. I don't remember exactly which one they did first.
5 Q When you say ours, are you talking about your
6 house or your street?
7 A Our street.
8 Q And they were hooking up all of the properties to
9 public water and sewers, is that right?
10 A Correct, yes.
11 Q Tell me what you remember about this blasting in
12 terms of what you observed, what you heard, anything that
13 happened to your home. If anything.
14 A We had water in our basement after they had done
15 the blasting, where before we did not. We went to the
16 township about it, and they said that's not something they
17 did. But we didn't have water before. So they were real
18 close to the homes. I mean, there's not a whole lot of
19 footage, you know, that they were that close to the homes,
20 shaking -- hers is much closer to the road than my home is
21 for Annendale, so it may have shook her house much more
22 than did mine. There's more of a distance.
23 Q At the time that this blasting was going on,
24 would you have been working during the day?
25 A Unless it was my day off. There's been days I
-5 v a -&, 7
HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101
Multi-Page""` LISA PIPER
Page 10
1 was home, because I'm off like Tuesdays and Fridays. So
2 there is two days every other week that I am home during
3 the day, so I was home for the shaking and the rattling,
4 you know, of this home.
5 Q On the days that you were off?
6 A Yeah. But I can't tell what specific day, but
7 like I said, I was off.
8 Q Presumably you didn't keep any type of calendar
9 or log or journal that said, these are the dates when there
10 was blasting?
11 A No, I did not.
12 Q Can you give me a sense of -- you've described it
13 as shaking and that sort of thing. How many times did you
14 feel shaking when they were blasting? Is this a couple
15 episodes?
16 A No, it was numerous times.
17 Q What does numerous mean? Is that more than five?
18 A Yes.
19 Q More than ten?
20 A On a given day?
21 Q In total. In other words, you told me that they
22 were there for a number of weeks?
23 A They were. There was a lot of rock, I guess, out
24 in front of the house for them to have to blast through to
25 get the water and sewer through. And it may not have even
JUNE 10. 2010
Page 12 1
1 A No.
2 Q How long had you lived in that home before the
3 blasting went on?
4 A We moved in, in January of 1999.
5 Q So approximately six years?
6 A Yes.
7 Q How soon after this blasting ended -- and I know
8 that you're not sure exactly when, but let's see if we can
9 agree that it was in the Spring of 2005. My information
10 suggests that it was some time in April or May of 2005,
11 that this blasting stopped. Does that sound about right to
12 you?
13 A Could be.
14 Q I'm not going to hold you to that.
15 A Could be. I'm not -- I know we had to get a loan
16 to put in our portion of it, and I can't remember exactly
17 when that was, unless I went back and got loan papers and
18 stuff to -- you know.
19 Q The reason I ask it that way, I want to get a
20 sense of how soon after the blasting stopped when the
21 project was done did you notice the water in the basement?
22 A It was the next time that we had a heavy rain.
23 Q So very soon afterwards?
24 A Yes.
25 Q How much water are we talking about? Is this
Page 11 Page 13
1 been right in front of our house. They could have been 1 something that you had to pump out or is this more it was
2 blasting a little bit down the road a little bit, you know, 2 damp?
3 down by the neighbors, and you still felt the shake. 3 A No, it came from say like the front of the house
4 Q And when you say shake, is it the type of thing 4 towards the street. And we don't have the money to really
5 that, for instance, you would have had -- 5 fight it so we just kind of deal with it.
6 A Something on the wall and it fall. 6 Q Describe for me the water. Was it a puddle, was
7 Q Did you observe something like that happen? 7 it over the entire surface of your basement floor?
8 A Yes. 8 A It came in -- it was like behind my washer and
9 Q A picture? Tell me about that. What fell off 9 came forward. It was I guess a large puddle.
10 the wall? 10 Q Did you do anything to deal with the water? How
I 1 A One of my daughter's pictures which was on the 11 did you clean it up?
12 far wall towards to street, it fell. 12 A With a shop vac.
13 Q Anything else like that, that happened, things 13 Q So you shop vacced it up?
14 falling off shelves, that you can remember? 14 A Correct.
15 A Different times, like I said, the pictures on the 15 Q Did you then consult with anybody either from the
16 outer wall toward the street fall. We'd come home and it 16 township or contractor?
17 would be -- somebody knocked those down. No, nobody was 17 A We had a township guy come in, and he said that
18 home at the time, so. 18 wasn't done by them blasting.
19 Q So the pictures fell more than one time? 19 Q Do you know what the name of this gentleman was?
20 A Yes, yes. 20 A No.
21 Q You mentioned that you had water in your basement 21 Q Did you call the township t tell them about the
22 after the blasting was done, is that right? 22 water problem?
23 A Yes. 23 A My husband had called township.
24 Q You said you never had water in your basement 24 Q And they sent somebody out?
25 before the blasting? 25 A Yes.
Page 10 -Page 13
HUGHES- ALBRIGHT- FOLTZ & WATALF 717-540-0220 717-393-51n1
Multi-Page TM
GEORGE C. PIPER
Page 10
1 Q Was your foundation a poured concrete wall or
2 block wall?
3 A Block.
4 Q Could you see a visible crack?
5 A Yes.
6 Q That was on the inside?
7 A Inside.
8 Q Did you repair that yourself?
9 A Yes.
10 Q What did you do?
11 A I took -- went to Lowe's and got some of that
12 masonry paint and just painted it real good.
13 Q And after you applied the masonry paint, did you
14 ever have any more problems with water?
15 A No.
16 Q The crack itself, can you describe it for me?
17 Was it several inches?
18 A It was like a zigzag, and probably like from one
19 block to the next one.
20 Q So running the length of basically two blocks?
21 A Two blocks, yes.
22 Q And the paint solved that problem?
23 A Um-hum, yes.
24 Q So we talked about the pictures that you agree
25 fell off the wall., the water problem, the one time problem
Page 11
1 in your basement, and your wife also said that she had
2 noticed some cracking on your driveway. Did you notice
3 that as well?
4 A Yes.
5 Q Other than those three items, is there anything
6 that you would consider damage to your home that you would
7 attribute to the blasting that was going on in 2005?
8 A Well, my driveway for one, because there wasn't
9 no cracks in it, and after it was done it goes up a good
10 six foot and separates like that, and it was never no
11 damage done to it when we moved in. The driveway was
12 perfectly in good shape.
13 Q When you say -- in other words, are you
14 describing a crack that runs up the middle and then makes
15 sort of a Y?
16 A Yes.
17 Q Is that something that has ever been repaired?
18 A I tried to a couple times.
19 Q What is your driveway, is it an asphalt driveway?
20 A Yes.
21 Q Other than the driveway, is there anything with
22 your home itself, the walls, the windows, the dry wall,
23 that you believe could be considered damage that was caused
24 by blasting?
25 A Well, our house is old. I mean, granted. But
JUNE 16, 2010
Page 12
1 there's been so much work around there blasting from when
2 they put the water and the sewer in, when they built True
3 Temper over across the street form us, they blasted for two
4 or three weeks.
5 Q If you don't mind, let me stop you there. First
6 I want to segregate these things. This case is about a
7 water and sewer project. I want to ask you about the other
8 stuff as well. But just so we're clear, are there any
9 damages to your home other than the things we just talked
10 about, the driveway, the paintings and the water -- or the
11 pictures -- that you would link to the 2005 water and sewer
12 project?
13 A That's what I was getting at. That I can't --
14 because there is like above the door jambs the dry wall is
15 cracked like on a Y. I can't say it was from Ronca
16 blasting or if it was from blasting that occurred when they
17 were building True Temper over there.
18 Q How soon after the 2005 water and sewer project
19 were they doing the True Temper project?
20 A That I can't remember.
21 Q Do you know whether it was the same year?
22 A I can't remember that.
23 Q So is it fair to say, though, that your testimony
24 is there's some cracking above the door jambs, but you're
25 not sure which particular blasting project that can be
Page 13
1 linked to?
2 A Yes.
3 Q Other than the water and sewer project and True
4 Temper project, were there additional projects between 2005
5 and the present where blasting was being done in that area?
6 A No.
7 Q Your wife had mentioned that there were
8 constantly warehouses that were being built, I think she
9 said on Allen Drive?
10 A Yes.
11 Q She said she thought there was blasting going on
12 during those projects as well. Do you have --
13 A Yeah, but they're a little bit further down the
14 road from our place. We live on Walnut Bottom, and that's
15 on Allen Road. It's a pretty good distance away, but who's
16 to say?
17 Q She also described to me she actually could feel
18 shaking some times when blasting was going on. Is that
19 something that you experienced as well?
20 A Yes.
21 Q Can you tell me about how many times that would
22 have happened during the water and sewer project that you
23 actually felt shaking in your house?
24 A About three or four times. Usually we were both
25 working. Some times she's home on a Friday, some times I
Page
HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101 10 - Page 13
GEORGE C. PIPER
JUNE 16, 2010
Multi-Page TM
Page 14
1 use a vacation day, so pretty much we were coming home when
2 they were pretty much getting near done of the day.
3 Q Did you contact anyone from the township to
4 complain about or tell them about issues with the blasting?
5 A Yes.
6 Q When did you do that?
7 A Right after we got the water.
8 Q So it was related to the water problem?
9 A Yes.
10 Q Do you remember who you spoke to at the township?
11 A Tom. What was his name? Tom Fracker (phonetic)?
12 It's the person who is in charge out at South
13 Middleton. And he did come out and looked, and that was
114 all the further it went.
15 Q Were you there with him when he looked?
16 A Yes.
17 Q What was his reaction? What did he tell you?
18 A He looked at it and he said he didn't believe it
19 was from the blasting. I said okay, fine, whatever. I
20 left it at that.
21 Q Did he say why he didn't believe it was from the
22 b lasting?
23 A I don't know.
24 Q But you chose not to pursue it any further?
25 A Yeah, I left it go at that. It's like fighting
Page 15
1 City Hall, so forget it.
2 Q Did you ever tell the township about the issues
3 that you described with your driveway?
4 A Yes.
5 Q Did someone come out and look at it?
6 A I talked to the same gentleman. And like I said,
7 nothing was done.
8 Q Did he say the same thing, that he didn't think
9 was because of the blasting?
10 A Um-hum, yes.
11 Q Did he actually come out and look at the
12 driveway?
13 A I believe so. Like I said, I know definitely he
14 came down in the basement, and I showed him the crack in
15 the block, and he said, no, he didn't think it was a result
16 of blasting.
17 Q Other than someone from the township, did you
18 ever speak to anyone from my client, Ronca & Sons, about
19 any problems that you had concerning the blasting?
20 A No.
21 Q Let's talk a little bit about Miss Ebert, because
22 again, she's claiming in this case that she sustained some
23 damage to her home from this blasting. Did she ever
24 specifically tell you about damages that she claims that
25 occurred to her home?
Page 16
1 A Yes.
2 Q When did she tell you about those damages? And
3 it may have been on more than one occasion.
4 A Pretty much when they were working in front of
5 her house, and she just said they're blasting out front and
6 they cracked my foundation. And I don't know the date or
7 -- you know.
8 Q But she told you that at that time?
9 A Yes, yes.
10 Q Do you know whether the time that you had this
11 conversation with her was around the same time that you
12 felt shaking in your house as well? Can you sort of link
13 those two things together?
14 A I believe. I mean, I can't really say yeah,
15 because they did work in the front of our house, but they
16 didn't do too much blasting in front of our house as much
17 as they did behind us. Because there was a solid vein, it
18 goes right down through there, of rock.
19 Q Do you know whether when you had this
20 conversation with Miss Ebert where she told you that her
21 foundation was cracked that there was still blasting going
22 on at that time?
23 A Yes.
24 Q So in other words, the project was not complete?
25 A No.
Page 17
1 Q Was there something that caused you to have that
2 conversation, or was it just typical for you to talk to
3 her?
4 A Just typical talking.
5 Q Other than the time that she told you that the
6 foundation had cracked, did you ever have any other
7 conversations with her where she said additional things had
.8 happened to her home?
9 A Yes. She said something about her roof, too, the
10 joists in her roof were cracked from the blast.
11 Q The joists in the roof?
12 A Yes.
13 Q Did you yourself ever go and look at what she
14 claimed to be the crack in her foundation and the problem
15 with the roof joists?
16 A No.
17 Q Have you ever seen any photographs of either a
18 crack in her foundation or something that was wrong with
19 her roof joists?
20 A No.
21 Q Did you give her any advice after she told you
22 that she believed her foundation was cracked?
23 A No.
24 Q What about with her roof joists?
25 A No.
Page 14 -Page 17
HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101
Multi-Page TM GEORGE C. PIPER
TITNR 11K I)nln
Page 18
1 Q Did you tell her, well, you should call the
2 township, you should call Ronca?
3 A Yeah, I said township or Ronca.
4 Q Do you know whether she ever did that?
5 A That, I don't know. I mean, from what I got out
6 of it, the township didn't -- with me, so why, you know, I
7 didn't -- pretty much told her the same thing, they don't
8 want to do anything for me, I don't know if it's feasible
9 for her to call them then.
10 Q We had actually talked to her father earlier
11 today, and we had his deposition, and he told me that he
12 can actually see a visible problem with her roof, in other
13 words, that it's no longer level or that it's been
14 twisted. Given that you live right behind her house, have
15 you ever noticed anything just looking at her home that
16 suggests to you that there's something wrong with the roof?
17 A No, not that I know of, but I'm not a roofer, so
18 I wouldn't know.
19 Q Just as a layperson, there's nothing that ever
20 stuck out to you where you looked at her roof and said,
21 good grief, that doesn't look like the way it used to look?
22 A No, I don't believe, like I said, I'm not a
23 roofer so I'm not qualified to say that it is or isn't.
24 Q Other than the crack in her foundation that she
25 told you about and the damaged roof joists, are there any
Page 19
1 other things that she specifically mentioned that she
2 believed had been damaged at her home?
3 A No.
4 Q Have you yourself ever observed anything that you
5 saw on her home, whether it be cracking or problems with
6 the windows that you thought, well, geez, that seems like
7 something that wasn't there before the blasting was going
8 on?
9 A No. Like I said, I mean, we talk, but I mean, I
10 have never been in her house, and you know, it's just more
11 or less hi, how are you doing.
12 Q Did you ever discuss with her anything about this
13 lawsuit that she filed?
14 A Yes, she said that she was going to pursue a
15 lawsuit against Ronca.
16 Q Did she tell you anything more than that?
17 A Yes, because of her roof and her foundation being
18 cracked.
19 Q Is that the extent of what she's told you?
20 A Yes.
21 Q Are you aware of any other individuals in the
22 neighborhood who have claimed to have sustained damages to
23 their homes because of the blasting that took place in
24 2005?
25 A No.
Page 20
1 Q Did you ever consider pursuing legal action
2 against anybody because of the things you've told me about
3 your home?
4 A No.
5 Q Did you ever make any insurance claims for any
6 damages?
7 A No.
8 MR. LUCIDO: Thank you, sir. Attorney Miller may
9 have some questions for you, but I think I'm pretty much
10 finished.
11 BY MR. MILLER:
12 Q Do you know, did you ever talk with anyone
13 associated with Ronca & Sons, an employee or manager or
14 anybody like that?
15 A As to my problem, or her problem?
16 Q I guess just in general do you remember talking
17 to them about anything?
18 A I know I called once and complained about the
19 blasting, but other than that, you know.
20 Q Was it the corporate office? Do you remember how
21 you got the phone number, I guess?
22 A I called the township.
23 Q And they gave you that information?
24 A Ronca's number, yes.
25 Q Do you recall specifically what you were
Page 21
1 complaining about with regard to the blasting?
2 A That you were sitting in the living room and you
3 about fell off the couch from the blasting.
4 Q Do you remember what time that would have been?
5 It's been a long time, so maybe not.
6 A Like I said, I think most of the time -- I was
7 sick a couple times there when they were doing the project,
8 and I was home during the day, so you know, in the
9 afternoon.
10 Q Do you remember, did you just leave a message or
11 did you actually speak to somebody, a live person?
12 A I talked to a live person.
13 Q Do you remember what kind of response they gave
14 you, if any?
15 A They said they'd have somebody call back.
16 Q Do you remember did they have anybody call back?
17 A Yes.
18 Q What do you remember about that conversation?
19 A I just asked if they were pretty much done
20 blasting yet or not, because I said it was interfering with
21 us.
22 Q Do you remember the response?
23 A That I don't remember.
24 Q Do you have any direct knowledge of anyone else
25 complaining about blasting?
Page
HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101 18 - Page 21
GEORGE C. PIPER
JUNE 16, 2010
Multi-Page TM
Page 22
1 A Other than Jane, no.
2 Q Do you remember if anyone came out to take any
3 pictures of your house before the work started?
4 A No.
5 Q You don't remember that?
6 A No.
7 Q Because I think there was a company called Final
8 Focus Productions that had come and taken pictures of --
9 A Oh, yes, that I do. I couldn't -- like I said,
10 it's been so long.
11 Q It has been a long time. Do you remember who
12 came out?
13 A It was a gentleman.
14 Q Just one person?
15 A Yes, yes. I forgot about that.
16 Q It was Final Focus Productions, is that what he
17 indicated to you?
18 A I don't remember. It was a gentleman, you
19 know. That's right, he did take some pictures.
20 Q Do you know, did you ever see copies of the
21 pictures that were taken?
22 A No.
23 Q Was he just outside the house or also inside the
24 house?
1 25 A He came in, inside the house.
Page 23
1 Q What types of things did they take pictures of?
2 A There was like in our kitchen, there was a crack
3 above the doorjamb, and above our window in the living
4 room, our big picture window.
5 Q And this was before any work was being done?
6 A Yes, yes.
7 Q And he took pictures of those, as far as you
8 know?
9 A Yes. As a matter of fact, I think he even had a
10 tape measure. He measured how long they were. I didn't
11 even remember that, it's been so long.
12 Q Do you remember did they go in the basement at
13 all?
14 A No, he more or less was there and he took
15 pictures of what damage was done to the house before the
16 blasting started.
17 Q Did he ask you ahead of time if you have cracks?
18 A Yes.
19 Q And he asked you to point thoe things out?
20 A Yes, sir.
21 Q And at that point you hadn't had any problems in
22 the basement?
23 A No.
24 Q So you didn't mention to him any cracks or any
25 problems in the basement?
Page 24
1 A No.
2 Q And you didn't know about any cracks or problems
3 in the basement at that time?
4 A No.
5 Q Do you know how many times pictures might have
6 been knocked off the wall?
7 A A couple times.
8 Q More than once?
9 A Yes.
10 Q Do you remember anything else being jarred or
11 knocked loose?
12 A No.
13 Q Just pictures?
14 A Just pictures.
15 Q Nothing -- was there anything that you remember
16 being damaged?
17 A No.
18 MR. MILLER: I think those are all the questions
19 I have.
20 BY MR. LUCIDO:
21 Q Just a few more questions. You told me before
22 that when you had the conversation with Miss Ebert where
23 she told you that her foundation was cracked, that was
24 while the blasting was going on, correct?
25 A Yes.
Page 25
1 Q Did she also tell you about the roof joists being
2 damaged at the same time, meaning when the blasting was
3 going on?
4 A That was when it was going on.
5 Q These weren't conversations you had later in the
6 summer, or something like that?
7 A No, because I didn't really take any -- write
8 anything down or anything because we didn't -- I mean, we
9 didn't have the money to push anything anyway, so we just
10 left it go and try to do our fixing of the cracks and went
11 on, so.
12 Q What was the other project, you said True --
13 A True Temper.
14 Q I know I asked you if you know when that took
15 place, and you weren't sure.
16 A No.
17 Q Can you tell me, though, was the type of blasting
18 that was going on similar to what you experienced during
19 this water and sewer project?
20 A No, I don't know.
21 Q I mean, did you have a similar shaking?
22 A No, because I mean, that was only -- from our
23 driveway to our house is only 60 feet, and you're talking a
24 quarter of a mile drive away from True Temper where they're
25 at.
Page 22 -Page 25
HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
61
Q. Ms. Eberts, before we took a break, you had
just told me that at some point you retained an
engineer by the name of Steven Rock?
A. Yes.
Q. How did you come into contact with Mr.
Rock?
A. My father knew him.
Q. Had you worked with him previously?
A. Not in a professional capacity that I know.
Q. And his company appears to be Rock's
Construction & Engineering Consulting down in
Waynesboro. Is that your understanding as to where
he's located?
A. Yes.
Q. Did he come to your home?
A. Yes.
Q. When did he first come to your home?
A. I would have to look at the date on the,
either on my calender at home, which I'm still trying
to locate, or on the report.
Q. Well, the report is dated March 17, 2006.
Does that help refresh your recollection as to when he
was at your house?
A. I would assume it would have been that day
or prior to that day.
0 AP
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
62
Q. We can all assume prior, yes.
A. I'm starting to come alive here. Sorry
about that.
Q. That's okay. The blasting activity
occurred in, you say, March and April, 2005. Did he
come that year?
A. Oh, isn't there a year on that?
Q. His report is dated March 17, 2006. The
blasting occurred in early --
A. 2005.
Q. 2005.
A. Yes.
Q. Do you know if he was out there the same
year as the blasting?
A. No, he was not.
Q. Did you retain anyone prior to Mr. Rock to
come out and take a look at your home in 2005?
A. I may have something along to answer that
question.
MR. MILLER: Well --
THE DEPONENT: The roofer, I don't know if
that's 2005.
MR. MILLER: Yeah, I think that was 2005.
THE DEPONENT: I had a roofer come to my
home whom I had known in the trades. I called him.
r a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
63
He came, was on my roof. That's how I knew he was
there. And I'm an early riser. I went outside, and
he's coming down the ladder. And he said, Jane, what
would have made all the nails back out of your roof.
And I said, what do you mean. That was the beginning
of all this.
Q. Okay. When was that? Summer?
A. Do you have a copy of the invoice.
Q. You know what, just -- he's going to
produce to me all kinds of --
MR. MILLER: Yeah. I was going to say --
BY MR. FOLAND.
Q. Just tell me what you --
A. With this visual impairment, reading is
almost impossible for me.
Q. Just tell me what you remember.
A. From what I remember?
Q. Yes.
A. I remember saying to him, what are you
talking about. And he said, has there been some sort
of blasting and/or tamping in the area. He didn't say
and/or; he said blasting or tamping, whatever tamping
was. I didn't know at the time. And I said, well,
yeah, water and sewer went through here.
Q. When was that discussion?
41 4 a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
64
A. The day he came to my house. I said
nothing to him. I had someone coming to take care of
my dishwasher that no longer worked. It ended up he
had to take the ceiling out under my kitchen, and
there's a twisted and broken two-by-four on a nail,
and he says, ooh, you've got some major problems here,
how'd your house move.
Q. Let's take it one thing at a time. When
was the roofer on your roof? Spring? Summer? Just
tell me what you recall.
A. I don't recall.
Q. Okay. Then that's your testimony. When
was the plumber there to try to fix your dishwasher?
A. I don't recall.
Q. And you're saying he noticed what appeared
to be some movement of one of your wall spaces?
A. Yes. Excuse me. Not a wall space; a
ceiling in the basement.
Q. Okay. And that was underneath your
dishwasher?
A. Underneath my kitchen, um-hum.
Q. Your father immediately noticed cracking
that he hadn't observed or noticed before, and you
believe this is even as early as April 13, 2005.
What, if anything, was done about the cracking?
-V 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
65
A. The cracking, the majority of the cracking
that my father noticed was exterior to my home.
Q. I thought you said in the kitchen?
A. And he noticed in the kitchen. I'm just
now recalling that he noticed a lot of chipped bricks
in my home.
Q. And what, if anything, was done about the
chipped bricks and cracking he found inside as well?
A. I called the township. I called the
township manager. I called the township solicitor. I
called Ronca & Sons, and I called Ronca & Sons, and I
called Ronca & Sons, and I called Ronca & Sons.
And then I had a meeting with two people at
my home, one whose last name was Ronca and another
gentleman who was presented to me as a real estate
painting expert who came to look at my home. I have
no idea what his name was.
Q. Let me ask you about each of those things.
You called the township numerous times, correct?
A. Yes.
Q. Do you have documented when you did that?
A. Yes.
Q. Documented on your calender?
A. No.
Q. How is it documented?
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by hand delivery on the date set
forth below::
ANTHONY T. LUCIDO, ESQUIRE
THOMAS, THOMAS & HAFER, LLP
P.O. BOX 999
HARRISBURG, PA 17108-1268
IRWIN & McKNIGHT, P.C.
Dated: June 13, 2011 By: ° L
Douglas V. Miller, Esquire
Supreme ourt I.D. No. 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Plaintiff
Jane S. Eberts a/k/a S. Jane Eberts
%
JANE S. EBERTS a/k/a S. JANE
EBERTS,
Plaintiff,
V.
MICHAEL F. RONCA & SONS, INC.,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW'
c o
No. 2007 - 3163 rnm
JURY TRIAL DEMANDED X;0 -o
(A r
-<> I
N
PRAECIPE TO ENTER CONTRACT °
s
OF RECORD
-- p cn
co
To David D. Buell, Prothonotary:
rnr-
'Urn
a°
s°
6-n
CD?
°m
D
With regard to the Defendant's Motion for Summary Judgment, please enter the relevant
portions of the contract between the Defendant and the South Middleton Township Municipal
Authority attached hereto of record in the above captioned case.
Respectfully Submitted,
Dated: September 2, 2011
IRWIN & McKNIGHT, P.C.
Douglas G.01iller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
BID PROPOSAL
CONTRACTI
Proposal of Michael F. Ronea Sons, Inc. (hereinafter called "BIDDER"),
organized and existing under the laws of the State/Commonwealth of Pennsylvania
doing business as r Wegh**tothe South Middleton
Township Municipal Authority, (hereinafter called "OWNER").
In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform
all WORK for Extension to the Sanitary Sewerage System and Water Distribution System
to Serve the Western Vii hge Area in strict accordance with the CONTRACT DOCUMENTS,
within the time set forth therein, and at the prices stated below.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID each
party thereto certifies as to its own organization, that this BID has been arrived at independently,
without consultation, communication, or agreement as to any matter relating to this BID with any
other BIDDER or with any competitor.
BIDDER hereby agrees to commence work under this contract on or before a date to be
specified in the NOTICE TO PROCEED and to fidly complete the PROJECT within Three
Hundred S134-five (365) consecutive calendar days thereafter for all Work. BIDDER further
agrees to pay as liquidated damages, the sum of $400.00 for each consecutive calendar day
thereafter as provided in Section 15 of the General Conditions.
In a case of a discrepancy between a Unit Price and the Total Cost for an item, the Unit
Price shall govern.
In case of a discrepancy between the Price in Words and Price in Figures, the Price in
Figures shall govern.
Bidder acknowledges receipt of the following addenda:
Date Description
No. 1 March 29, 2004
No.2 Apxi? 9R, 2004
xNo. 3 -gyp ; 7 9, 2004
No.' 4 May 3, 2004
Bidder agrees to perform all the
following unit price or lump sum:
work described in the Contract Documents for the
NOTE: Bids shall include all applicable taxes and fees.
* Insert "A Corporation", "A Partnership" or "An Individual" as applicable.
BP-1
d5400226Sr-m & AfidAtomMestem Vifte
020342 A 113-0301/Sewer A WdalCont. I
MICHAEL F. RONCA AND SONS, INCORPORATED
RESOLUTION
MINUTES OF A SPECIAL MEETING OF THE CORPORATION
HELD MAY 5, 2004 (Date)
A SPECIAL MEETING OF THE CORPORATION WAS CALLED ON
MAY 5, 2004 FOLLOWING DUE NOTICE WITHOUT PROTEST,
AT THE CORPORATE OFFICES, 179 MIKRON ROAD, BETHLEHEM, PA 18020.
PRESENT AND IN ATTENDANCE WERE FREDERICK M. RONCA, MICHAEL L.
RONCA, AND LEWIS D. RONCA, REPRESENTING THE SHAREHOLDERS AND
OFFICERS OF THE CORPORATION.
DISCUSSION WAS HELD RELEVANT TO:
MICHAEL F. RONCA AND SONS, INC. SUBMITTING A BID PROPOSAL TO S.
MIDDLSTON TKP MUNICIPAL AUTHORITY FOR F=ZNSION TOT HE SANITARY
SSWERAGS SYSTEM AND PATER DISTRIBUTION SYSTEM TO SERVER THE WESTERN
VILLAGE AREA AND THAT FREDERICK RONCA AND LEWIS RONCA SHALL EXECUTE
THE NECESSARY DOCUMENTS AS REQUIRED IN THE BID SPECIFICATIONS.
UPON MOTION BY FREDERICK M. RONCA AND SECONDED BY. MICHAEL L.
RONCA IT WAS UNANIMOUSLY RESOLVED:
THAT MICHAEL F. RONCA AND SONS, INC. WOULD SUBMIT A BID FOR
THE CONTRACT NOTED HEREIN, AND THAT FREDERICK M. RONCA AND LEWIS D.
RONCA SHALL HAVE THE AUTHORITY TO FULLY EXECUTE THE BID PROPOSAL AS
REQUIRED BY THE BID SPECIFICATIONS, AND SHALL DO SO.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS UPON MOTION
DULY MADE, SECONDED AND UNANIMOUSLY CARRIED W CALLED TO ORDER AND
ADJOURNED.
05/05,/04 a.(5105/04
SECRETARY: DATE: P SIDENT: DATE:
LEWIS D. RONCA FREDERICK M. RONCA
SEAL
STATE OF: PENNSYLVANIA
COUNTY OF:NORTHAMPTON
BEFORE ME, A NOTARY PUBLIC DID PERSONALLY APPEAR FREDERICK M.
RONCA AND LEWIS D. RONCA ON THE 5TH DAY OF
MAY , 2004, AND DID ACKNOWLEDGE THE FOREGOING RESOLUTION AS
THEIR ACT DONE OF FREE WILL DUE AUTHORI
rl?NOTARY PUBLIC
MY COMMISSION EXPIRES nokUW.SOW
-pol?ehem, f i f mplorr 9 l?
:<sR+mission Expires "Sept6 2004
SAFETY GUIDELINES AND REQUIREMENTS
I. The CONTRACTOR will be responsible for initiating, maintaining and supervising. all
safety precautions and programs in connection with the WORK. He will take all necessary
precautions for the safety of, and will provide the necessary protection to prevent damage,
injury or loss to all employees on the WORK and other persons who may be affected
thereby, all the WORK and all materials or equipment to be incorporated therein, whether
in storage on or off the site, and other property at the site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
2. The CONTRACTOR will erect and maintain, as required by the conditions and progress of
the WORK, all necessary safeguards -for safety and protection. He will notify owners of
adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR
will remedy all damage, injury or loss to any property, caused directly or indirectly, in
whole or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or
indirectly employed by any of them or anyone for whose acts any of them be liable, except
damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the acts or
omissions of the OWNER or the ENGINEER or anyone employed by either of them or
anyone for whose acts either of them may be liable and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR.
3. In emergencies affecting the safety of persons or the WORK or propaty at the site or
adjacent thereto, the CONTRACTOR, without special instruction or authorization from the
ENGINEER or OWNER shall act to prevent threatened damage, injury or loss. He will
give the ENGINEER Prompt WRITTEN NOTICE of any significant changes in the WORK
or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE
ORDER shall thereupon be issued covering the changes and deviations involved.
4. The Contractor will keep himself fully informed of, and shall carefully observe and comply
with all state, county and local laws, ordinances and regulations which in any manner affect
the conduct of the work, and all such orders or decrees as exist at present and those which
may be enacted later, of bodies having any jurisdiction or authority over the WORK, and
shall indemnify and save harmless the OWNER and all its officers, agents and servants
against any claim or liability arising from or based upon the violation of any such law,
ordinance, regulation, order or decree, whether by himself or his employees.
5. All safety procedures outlined by the occupational Safety and Health Administration
(OSHA) will be strictly adhered to; all safety training required in the above-mentioned
regulations has been provided and successfully completed by all employees; and all safety
equipment mandated by those regulations will be provided and utilized in the completion of
this project. False statements and non-compliance to these safety procedures will result in
immediate termination of this contract.
BC-2-1
safety cuiad'kxm?*Jasum2-weeds-na
6. Neither the activities nor presence of the OWNER or DESIGN PROFESSIONAL, nor the
presence of their employees and subconsultants at the construction site shall relieve the
General Contractor or any other entity of his obligations, duties, and responsibilities
including, but not limited to, construction means, methods, sequences, techniques, or
procedures necessary for performing, superintending or coordinating all portions of the
WORK of construction m accordance with the contract documents and any health or safety
precautions required by any regulatory agencies. The OWNER and DESIGN
PROFESSIONAL and their personnel have no authority to exercise any control over any
construction contractor or other entity or its employees in connection with their work or
any health or safety precautions. The OWNER agrees that the General Contractor is solely
responsible for job site safety and warrants that this intent shall be made evident in the
OWNEWs agreement with the General Contractor. The OWNER also agrees that the
OWNER, the DESIGN PROFESSIONAL and their employees and consultants shall be
indemnified and shall be made additional insureds under the General Contractor's general
liability insurance policy.
Understanding of the above safety guidelines and requirements is hereby acknowledged this
5th d#,y of
May , 2004
.
NAME A/u w (SEAL)
TITLE Frederick M. Ronca, President
BC-2-2
Safety GuidelixllNastaR-"Wdn-hd
NOTICE OF AWARD
TO: Michael F. Ronca & Sons, Inc.
179 Mikron Road
Bethlehem, PA 18020
PROJECT DESCRIPTION: EXTENSION TO THE SANITARY SEWERAGE SYSTEM
AND WATER DISTRIBUTION SYSTEM TO SERVE THE
WESTERN VILLAGE AREA
The OWNER has considered the BID submitted by you for the above-described WORK in
response to its Advertisement for Bids dated May 5, 2004, and Instructions to Bidders.
You are hereby notified that your BID has been accepted for items in the amount of $3,737,169.
You are required by the Instructions to Bidders to execute the Agreement and furnish the
required Certificates of Insurance within ten (10) calendar days from the date of the Notice to you.
If you fail to execute said Agreement within ten (10) days from the date of this Notice, said
OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID
as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights
as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this 19th
day of August 20_K.
SOUTH MIDDLETON TOWNSHIP MUNICIPAL
AUTHORITY, OWNER
By: Gerald M. Christop er hairman
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged by Michael F. Ronca &
Sons, Inc. this _day of , 2004.
BYr
1
TITLE 4t e N . L4PJ k M- .
CF-4-1
Dss4xWosings/South MiddletoWWestern Village
020342 & 113030I/Sewer & Water/Cont. I
AGREEMENT
THIS AGREEMENT, made this 19th day of August , 2004 , by and between the
South Middleton Township Municipal Authority, hereinafter called "OWNER" and Michael
F. Ronca & Sons, Inc., doing business as a corporation, hereinafter called "CONTRACTOR".
WTTNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned:
1. The CONTRACTOR will commence and complete the Extension to the
Sanitary Sewerage System and Water Distribution System to Serve the Western Village
Area.
2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment,
labor and other services necessary for the construction and completion of the WORK described
herein.
3. The CONTRACTOR will commence the WORK required by the CONTRACT
DOCUMENTS within ten (10) calendar days after the date of the NOTICE TO PROCEED and
will complete the same within Three Hundred Sixty-five (365) calendar days, unless the
period for completion is extended otherwise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the
CONTRACT DOCUMENTS and comply with the terms therein for the sum of $3,737,169, or as
shown in the BID SCHEDULE.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
A. Advertisement
B. Instructions to Bidders
C. Bid Proposal, Bid Bond, and Bid Certifications.
dss-h&CLASNC6 South MiMeton/Weaem Village
02034.Z& 1130301/Sewer & Water/Cont. 1
CF-5-1
D. Contract Forms (as executed); including Notice of Intent to Award,
Performance Bond, Payment Bond, Notice of Award, Agreement, Notice
to Proceed, Partial Payment Estimate, Contract Change Order, Contractor's
Affidavit, Statement of Surety Company and Contractor's Release.
E. Contract Conditions
F. Supplemental General Conditions
G. Drawings prepared by: Glace Associates, Inc.
H. Specifications prepared and issued by: Glace Associates, Inc.
I. Addenda:
No. 1, dated March 29, 2004
No. 2, dated April 28, 2004
No. 3, dated April 29, 2004
No. 4, dated May 3, 2004
6. The OWNER will pay to the CONTRACTOR in the manner and at such rimes as
set forth in the General Conditions such amounts as required by the Contract Documents.
7. The Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns. In witness whereof, the parties hereto have
executed, or caused to be executed by their duly authorized officials, this Agreement in four
copies, each of which shall be deemed an original on the date first above written.
8. It is agreed by and between the CONTRACTOR and the OWNER that the
CONTRACTOR shall pay to the OWNER liquidated damages in the amount of $400.00 for
each consecutive calendar day from completion date as provided in Section 15 of the General
Conditions.
9. The OWNER will provide the CONTRACTOR with a maximum of three (3) sets
of Contract Documents at no cost for construction of the project. Additional sets will be made
available if required at the prevailing rate.
CF-5-2
dwh&CLASINGS/SoWh Middldon/Westem Village
020342 & 1130301/Sewer & Water/Cont. I
SOUTH MIDDLETON TOWNSHIP
MUNICIPAL AUTHORITY, OWNER
BY -,,2A-Ab
Gerald M. C sto her, Chairman
(SEAL
A 6,,C%A?
NAME Arthur E. Bear
TITLE Operations Manager (Please Type)
23-1881662
(FEDERAL EMPLOYER ID NO. (EIlN)
CONTRACTOR
(Individual)
WITNESS:
WITNESS:
(SEAL)
(Signature of Individual)
Trading and doing business as
(Partnership)
(Name of Partnership)
BY: (SEAL)
Partner
BY: (SEAL)
Partner
BY: (SEAL)
Partner
dss-hd/CIASINGS/South Middleton/Western Village
020342 & 1130301 /Sewer & Water/Cont. I
CF-5-3
(Corporation)
MICHAEL F. RO INC.
BY: Mme, _
( President
TYPED NAME: Frederick M. Ronca
ATTEST:
() Secretary
TYPED NAME: Lewis D. Ronca
(CORPORATE SEAL)
or (If Appropriate)
(Name of Corporation)
Witness:
*BY:
Authorized Representative
TYPED NAME:
* Attach appropriate proof, dated as of the same date as the Bond, evidencing Authority to execute in
behalf of the Corporation.
Address of Contractor:
179 Mikron Road
Bethlehem; PA 18020
23-2146032
FEDERAL EMPLOYEE ID NO. (EIN)
CF-5-4
dss-h&CLASMS/SmA ldiddletoWWeslem Village
020342 & 1130301/Sewer & Water/Cont. 1
GENERAL CONDITIONS
1. DEFINITIONS GC-1
2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS GC-2
3. SCHEDULES, REPORTS AND RECORDS GC-2
4. DRAWINGS AND SPECIFICATIONS GC-3
5. SHOP DRAWINGS GC-3
6. MATERIALS, SERVICES AND FACILITIES GC-3
7. INSPECTION AND TESTING GC-4
8. SUBSTITUTIONS GC4
9. PATENTS GC-5
10. SURVEYS, PERMITS, REGULATIONS GC-5
11. PROTECTION OF WORK, PROPERTY AND PERSONS GC-5
12. SUPERVISION BY CONTRACTOR GC-6
13. CHANGE IN THE WORK GC-6
14. CHANGE IN CONTRACT PRICE GC-6
15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES GC-6
16. CORRECTION OF WORK GC-7
17. SUBSURFACE CONDITIONS GC-7
18. SUSPENSION OF WORK, TERMINATION AND DELAY GC-7
19. PAYMENT TO CONTRACTOR AND CONTRACT CLOSE-OUT GC-8
20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE GC-10
21. INSURANCE GC-10
22. CONTRACT SECURITY GC-11
23. ASSIGNMENTS GC-12
24. INDEMNIFICATION GC-12
25. SEPARATE CONTRACTS GC-12
26. SUBCONTRACTING GC-12
27. ENGINEER'S AUTHORITY GC-13
28. LAND AND RIGHTS OF WAY GC-13
29. GUARANTY GC-13
30. ARBITRATION BY MUTUAL AGREEMENT GC-13
31. TAXES GC-14
32. LINES, GRADES, AND CONSTRUCTION SURVEYING GC-14
33. PROHIBITED INTERESTS GC-14
34. WITHHOLDING OF PAYMENTS GC-14
35. INABILITY OF OWNER TO PROCEED GC-15
36. COMPLIANCE WITH LAWS GC-15
Index to General Conditions/MastedRev. 3-03/dssfid
GENERAL CONDITIONS
1. DEFINITIONS
1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated which
shall be applicable to both the singular and plural thereof
1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the AGREEMENT which modify or
interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or
corrections.
1.3 BID - the offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK
to be performed.
1.4 BIDDER - Any person, firm or corporation submitting a BID for the WORK.
1.5 BONDS - BID BOND, PERFORMANCE BOND AND PAYMENT BOND and other instruments of SECURITY,
furnished by the CONTRACTOR and his surety in accordance with the CONTRACT DOCUMENTS.
1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion or revision in the
WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT
PRICE or CONTRACT TIME.
1.7 CONTRACT DOCUMENTS - The CONTRACT, including ADVERTISEMENT FOR BIDS, INSTRUCTIONS TO
BIDDERS, BID, PROPOSAL BID BOND, BID CERTIFICATION, AGREEMENT, PAYMENT BOND, PERFORMANCE
BOND, NOTICE OF INTENT TO AWARD, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER,
DRAWINGS, SPECIFICATIONS, GENERAL CONDITIONS, SUPPLEMENTAL GENERAL CONDITIONS, SPECIAL
CONDITIONS-and ADDENDA.
1.8 CONTRACT PRICE - The total monies payable to the CONTRACTOR under the terms and conditions of the
CONTRACT DOCUMENTS.
1.9 CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for completion of the
WORK.
1.10 CONTRACTOR - The person, firm or corporation with whom the OWNER has executed the AGREEMENT.
1.11 DRAWINGS - The part of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK
to be performed and which have been prepared or approved by the ENGINEER.
1.12 ENGINEER - The person, fmn or corporation named as such in the CONTRACT DOCUMENTS.
1.13 FIELD ODDER - A written order effecting a change in the WORK not involving an adjustment in the CONTRACT
PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction.
1.14 NOTICE OF INTENT TO AWARD - The written notice by OWNER to the apparent successful BIDDER stating that
upon compliance by the apparent successful BIDDER with the conditions enumerated therein including presentation of
executed PERFORMANCE BOND and PAYMENT BOND, within the time specified, OWNER may issue the NOTICE OF
AWARD.
1.15 NOTICE OF AWARD - The written notice of the acceptance of the BID from the OWNER to the successful
BIDDER.
1.16 NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him to
proceed with the WORK and establishing the date of commencement of the WORK.
1.17 OWNER - A public or quasi-public body or authority, corporation, association, partnership, or individual for whom
the WORK is to be performed.
GC-1
General Conditions/Masteddss-hd/Revtsed 3/03 (x3119.3
1.18 PROJECT - The undertaking to be performed as provided in the CONTRACT DOCUMENTS
1.19 RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the OWNER who is assigned to the
PROJECT site or any part thereof.
1.20 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared
by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate how specific
portions of the WORK shall be fabricated or installed.
1.21 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical
nature of materials, equipment, construction systems, standards and workmanship.
1.22 SUBCONTRACTOR - An individual, firm or corporation having a direct contract with the CONTRACTOR or with
any other SUBCONTRACTOR for the performance of a part of the WORK at the site.
1.23 SUBSTANTIAL COMPLETION - That date as certified by the ENGINEER when the construction of the PROJECT
or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the
PROJECT or specified part can be utilized for the purposes for which it is intended. In no event shall a PROJECT be
CERTIFIED as SUBSTANTIALLY COMPLETE until at least 900/9 of the WORK on the PROJECT is completed.
1.24 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to GENERAL CONDITIONS required by a Federal
agency, for participation in the PROJECT and approved by the agency in writing prior to inclusion in the CONTRACT
DOCUMENTS, or such requirements that may be imposed by applicable state laws.
1.25 SUPPLIER - Any person or organization who supplies materials or equipment for the WORK, including that
fabricated to a special design, but who does not perform labor at the site.
1.26 WORK - all labor necessary to produce the construction required by the CONTRACT DOCUMENTS, and all
materials and equipment incorporated in the PROJECT.
1.27 WRITTEN NOTICE - Any notice to any party of the AGREEMENT relative to any part of this AGREEMENT in
writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said
party at his last given address, or delivered in person to said party or his authorized representative on the WORK.
2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
2.1 The CONTRACTOR may be furnished ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS, by the
ENGINEER, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS.
2.2 The ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS thus supplied will become a part of the
CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance with the ADDITIONAL
INSTRUCTIONS AND DETAIL DRAWINGS.
3. SCHEDULES, REPORTS AND RECORDS
3.1 The CONTRACTOR shall submit to the OWNER such SCHEDULE OF QUANTITIES AND COSTS, PROGRESS
SCHEDULES, PAYROLLS, REPORTS, ESTIMATES, RECORDS and other data where applicable, and as are required by
the CONTRACT DOCUMENTS for the WORK to be performed.
3.2 Prior to the fast PARTIAL PAYMENT ESTIMATE the CONTRACTOR shall submit CONSTRUCTION
PROGRESS SCHEDULES showing the order in which he proposes to carry on the WORK, including dates at which he will
start the various parts of the WORK, estimated date of completion of each part, and as applicable:
3.2.1 The dates at which special DETAIL DRAWINGS will be required; and as applicable.
3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacturer, the testing and the
installation of materials, supplies and equipment.
GC-2
General Conditions/Master/dss-hd/Revised 3/03 @119.3
3.3 The CONTRACTOR shall also submit a SCHEDULE OF PAYMENTS that he anticipates he will earn during the
course of the WORK.
4. DRAWINGS AND SPECIFICATIONS
4.1 The intent of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR shall famish all labor, materials,
tools, equipment and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT
DOCUMENTS and all incidental WORK necessary to complete the PROJECT in an acceptable manner, ready for use,
occupancy or operation by the OWNER.
4.2 The CONTRACT DOCUMENTS comprise the entire AGREEMENT between the OWNER and CONTRACTOR
concerning the WORK. The CONTRACT DOCUMENTS are complimentary; what is called for by one is as binding as if
called for by all. The CONTRACT DOCUMENTS will be construed in accordance with the law of the place of the PROJECT.
Figure dimensions on DRAWINGS govern over scale dimensions and DETAIL DRAWINGS govern over GENERAL
DRAWINGS.
4.3 Any discrepancies foundbetween the DRAWINGS and SPECIFICATIONS and site conditions or any inconsistencies
or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing, who
shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after his discovery
of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk.
5. SHOP DRAWINGS
5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as
required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The
ENGINEER'S approval of any SHOP DRAWING shall not release the CONTRACTOR from the responsibility for deviations
from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWING which substantially deviates from the
requirement of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER.
5.2 When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear the CONTRACTOR'S
CERTIFICATION that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with
the requirements of the CONTRACT DOCUMENTS.
5.3 Portions of the WORK requiring a SHOP DRAWING or SAMPLE SUBMISSION shall not begin until the SHOP
DRAWING or SUBMISSION has been approved by the ENGINEER. A copy of each approved SHOP DRAWING shall be
kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER.
6. MATERIALS, SERVICES AND FACILITIES
6.1 It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR
shall provide and pay for all MATERIALS, LABOR, TOOLS, EQUIPMENT, WATER, LIGHT, POWER,
TRANSPORTATION, SUPERVISION, TEMPORARY CONSTRUCTION OF ANY NATURE, AND ALL OTHER
SERVICES AND FACILITIES of any nature whatsoever necessary to execute, complete and deliver the WORK within the
specified time.
6.2 MATERIALS AND EQUIPMENT shall be so stored as to insure the preservation of their quality and fitness for the
WORK. STORED MATERIALS AND EQUIPMENT to be incorporated in the WORK shall be located so as to facilitate
prompt inspection.
6.3 MANUFACTURED ARTICLES, MATERIALS AND EQUIPMENT shall be applied, installed, connected, erected,
used, cleaned and conditioned as directed by the manufacturer.
6.4 MATERIALS, SUPPLIES AND EQUIPMENT shall be in accordance with SAMPLES submitted by the
CONTRACTOR and approved by the ENGINEER.
GC-3
General Conditions/Master/dss_hd/Rewsed 3103 ®119.3
6.5 MATERIALS, SUPPLIES AND EQUIPMENT to be incorporated into the WORK shall not be purchased by the
CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under the conditional sale contract or other
agreement by which an interest is retained by the seller.
7. INSPECTION AND TESTING
7.1 All MATERIALS AND EQUIPMENT used in the construction of the PROJECT shall be subject to adequate
INSPECTION AND TESTING in accordance with generally accepted standards, as required and defined in the CONTRACT
DOCUMENTS.
7.2 The OWNER shall provide all INSPECTION AND TESTING services not required by the CONTRACT
DOCUMENTS.
7.3 The CONTRACTOR shall provide, at his expense, the TESTING AND INSPECTION SERVICES required by the
CONTRACT DOCUMENTS.
7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR,
the CONTRACTOR will then furnish the ENGINEER the REQUIRED CERTIFICATES OF INSPECTION, TESTING OR
APPROVAL.
7.5 INSPECTIONS, TESTS OR APPROVALS by the ENGINEER or others shall not relieve the CONTRACTOR from
his obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS.
7.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition, authorized
representatives and agents of any participating Federal or State agency shall be permitted to inspect all WORK, materials,
payrolls, records of personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide
proper facilities for such access and observation of the WORK and also for any INSPECTION, OR TESTING thereof.
7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if requested by the
ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR'S expense.
7.8 If the ENGINEER considers it necessary or advisable that covered WORK be INSPECTED OR TESTED by others,
the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation,
inspection or testing, as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor,
materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expense of
such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. It however, such WORK is
not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the
CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and
reconstruction and an appropriate CHANGE ORDER shall be issued
8. SUBSTITUTIONS
8.1 Whenever materials, articles or pieces of equipment are identified on the DRAWINGS or SPECIFICATION by
reference to brand name or catalogue numbers, it shall be understood that they are referenced for the purpose of defming the
performance or other salient requirements and that other products of equal capacities, quality and function shall be considered.
The CONTRACTOR may recommend the SUBSTITUTION of a material, article or piece of equipment of equal substance and
function for those referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if in
the opinion of the ENGINEER such material, article or piece of equipment is of equal substance and function to that
specified, the ENGINEER may approve its SUBSTITUTION and use by the CONTRACTOR. Any cost differential shall be
deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by CHANGE
ORDER. The CONTRACTOR warrants that if SUBSTITUTES are approved, no major changes in the function or general
design of the PROJECT will result. Incidental change or extra components parts required to accommodate the SUBSTITUTE
will be made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME.
GC-4
General ConditiondMasted&s4xVAeriwd 3103 (x3119.3
9. PATENTS
9.1 The CONTRACTOR shall pay all applicable royalties and license fees. He shall defend all suits or claims for
infringement or any PATENT rights and save the OWNER harmless from loss on account thereof, except that the OWNER
shall be responsible for any such loss when a particular process, design, or the product of a particular manufacturer of
manufacturers is specified, however, if the CONTRACTOR has reason to believe that the design, process or product specified
is an infingement of a PATENT, he shall be responsible for such loss unless he promptly gives such information to the
ENGINEER
10. SURVEYS, PERMITS, REGULATIONS
10.1 The OWNER shall famish all BOUNDARY SURVEYS and establish all BASE LINES for locating the principal
component parts of the WORK together with a suitable number of BENCHMARKS adjacent to the WORK as shown in the
CONTRACT DOCUMENTS. From the information provided by the OWNER, unless otherwise specified in the
CONTRACT DOCUMENTS, the CONTRACTOR shall develop and make all DETAIL SURVEYS needed for construction
such as SLOPE STAKES, BATTER BOARDS, STAKES FOR PILE LOCATIONS and other WORKING POINTS, LINE,
ELEVATIONS AND CUT SHEETS.
10.2 The CONTRACTOR shall carefidly preserve BENCH MARKS, REFERENCE POINTS and STAKES and, in case of
willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that
may be caused by their unnecessary loss or disturbance.
10.3 PERMITS AND LICENSES of a temporary nature necessary for the prosecution of the WORK shall be secured and
paid for by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. PERMITS,
LICENSES AND EASEMENTS for permanent structures or permanent changes in existing facilities shall be secured and paid
for by the OWNER, unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws,
ordinances, rules and regulations bearing on the conduct of the WORK as shown on the DRAWINGS and as SPECIFIED. If
the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the
ENGINEER in writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK.
11. PROTECTION OF WORK, PROPERTY AND PERSONS
11.1 The CONTRACTOR will be responsible for initiating, maintaining and supervising all SAFETY PRECAUTIONS
AND PROGRAMS in connection with the WORK. He will take all necessary precautions for the safety of, and will
PROVIDE THE NECESSARY PROTECTION TO PREVENT DAMAGE, INJURY OR LOSS TO ALL EMPLOYEES on the
WORK and other persons who may be affected thereby, all the WORK and all MATERIALS OR EQUIPMENT to be
incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in
the course of construction.
11.2 The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulation and orders of any public
body having jurisdiction. He will erect and maintain, as required by the condition and progress of the WORK, all necessary
safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the WORK may affect
them. The CONTRACTOR will remedy all damage, injury or loss to any property, caused directly or indirectly, in whole or in
part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone
for whose acts any of them be liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to
the acts or omission of the OWNER or the ENGINEER or anyone employed by either of them or anyone for whose acts
either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the
CONTRACTOR.
11.3 In EMERGENCIES AFFECTING THE SAFETY OF PERSONS OR THE WORK OR PROPERTY AT THE SITE
OR ADJACENT THERETO, the CONTRACTOR, without special instruction or authorization from the ENGINEER or
OWNER SHALL ACT TO PREVENT THREATENED DAMAGE, INJURY OR LOSS. He will give the ENGINEER prompt
WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused
thereby, and a CHANGE ORDER shall thereupon be issued covering the changes and deviations involved.
GC-S
General Conditions/Mast"Mss-hd/Revised 3103 @119.3
12. SUPERVISION BY CONTRACTOR
12.1 The CONTRACTOR will SUPERVISE AND DIRECT the WORK. He will be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain on the
WORK a QUALIFIED SUPERVISOR OR SUPERINTENDENT who shall have been designated in writing by the
CONTRACTOR as the CONTRACTOR'S representative at the site. The SUPERVISOR shall have full authority to act on
behalf of the CONTRACTOR and all communications given to the SUPERVISOR shall be as binding as if given to the
CONTRACTOR The SUPERVISOR shall be present on the site at all times as required to perform adequate SUPERVISION
AND COORDINATION of the WORK.
13. CHANGE IN THE WORK
13.1 The OWNER may at any time, as the need arises, order CHANGES within the scope of the WORK without
invalidating the AGREEMENT. If such CHANGES increase or decreases the amount due under the CONTRACT
DOCUMENTS, or in the time required for performance of the WORK, an equitable adjustment shall be authorized by
CHANGE ORDER.
13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK.
The CONTRACTOR shall proceed with the performance of any changes in the WORK so ordered by the ENGINEER unless
the CONTRACTOR believes that such FIELD ORDER entitles him to a CHANGE IN CONTRACT PRICE or TIME, or both,
in which event he shall give the ENGINEER WRITTEN NOTICE thereof within seven (7 days after the receipt of the
ordered CHANGE. Thereafter the CONTRACTOR shall document the basis for the CHANGE in CONTRACT PRICE or
TIME within thirty (30) days. The CONTRACTOR shall not execute such CHANGES pending the receipt of an executed
CHANGE ORDER or further instruction from the OWNER
14. CHANGE IN CONTRACT PRICE
14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER The value of any WORK covered. by a
CHANGE ORDER or of any claim for increase or decrease in the CONTRACT PRICE shall be determined by one or more of
the following methods in the order or precedence listed below:
a. Unit prices previously approved
b. An agreed lump sum.
The amount of profit and general overhead included in (b) above shall not exceed fifteen (15) percent of the actual
cost of the WORK.
15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
15.1 The date of beginning and the TIME FOR COMPLETION OF THE WORK are essential conditions of the
CONTRACT DOCUMENTS and the WORK embraced shall be commenced on a date specified in the NOTICE TO
PROCEED.
15.2 The CONTRACTOR will proceed with the WORK at such rate of progress to insure full completion within the
CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the
CONTRACT TIME FOR THE COMPLETION OF THE WORK described herein is a reasonable time, taking into
consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK.
15.3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or EXTENSION OF TIME
granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for LIQUIDATED DAMAGES as
specified in the BID for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the
CONTRACT DOCUMENTS.
15.4 The CONTRACTOR shall not be charged with LIQUIDATED DAMAGES or any excess cost when the delay in
completion of the WORK is due to the following and the CONTRACTOR has promptly given WRITTEN NOTICE of such
delay to the OWNER or ENGINEER
15.4.1 To any preference, priority or allocation order duly issued by the OWNER.
GC-6
General Conditions/Masteddss-hd/Revired 3103 @119.3
1 5.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but
not restricted to acts of GOD or of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance
of a CONTRACT with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnonnal
and unforeseeable weather, and
15.4.3 To any delays of SUBCONTRACTORS occasioned by any of the causes specified in paragraphs 15.4.1 and 15.4.2 of
this article.
16. CORRECTION OF WORK
16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to
comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR shall
promptly replace and re-execute the WORK in accordance with the CONTRACT DOCUMENTS and without expense to the
OWNER and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such
removal or replacement.
16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S expense. If the CONTRACTOR does
not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may
remove such WORK and store the materials at the expense of the CONTRACTOR
17. SUBSURFACE CONDITIONS
17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, except in the event of an emergency,
notify the OWNER by WRITTEN NOTICE of.-
17. 1.I SUBSURFACE OR LATENT PHYSICAL CONDITIONS at the site differing materially from those indicated in the
CONTRACT DOCUMENTS; or
17.1.2 UNKNOWN PHYSICAL CONDITIONS at the site, of an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent in WORK of the character provided for in the CONTRACT DOCUMENTS.
- 17.2 The OWNER shall promptly investigate the CONDITIONS, and if he finds that such CONDITIONS do so materially
differ and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, an equitable
adjustment shall be made and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the
CONTRACT for adjustment hereunder shall not be allowed unless he has given the required WRITTEN NOTICE: provided
that the OWNER may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of
final payment.
18. SUSPENSION OF WORK, TERMINATION AND DELAY
18.1 The OWNER may SUSPEND the WORK or any portion thereof for a period of not more than ninety (90) days or
such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the
ENGINEER which notice shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK
on the date so fixed. The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the
CONTRACT TIME, or both, directly attributable to any SUSPENSION.
18.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his
creditors, or if a trustee or receiver is appointed for the CONTRACTOR of for any of his property, or if he files a petition to
take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or if he repeatedly fails to supply
sufficient skilled workmen or suitable materials or equipment, or if he disregards laws, ordinances, rules, regulations or order
of any public body having jurisdiction of the WORK of if he disregards the AUTHORITY OF THE ENGINEER, or if he
otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER may, without prejudice to any other
right or remedy and after giving the CONTRACTOR and his SURETY a minimum of ten (10) days from delivery of a
WRITTEN NOTICE terminate the services of the CONTRACTOR and take possession of the PROJECT and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the WORK by
whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any fitrther
payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs
of completing the PROJECT, including compensation for additional professional services, such excess SHALL BE PAID TO
GC-7
General Conditions/Master/dss-hd/Revis?ed 3103 @119.3
'TEE CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER.
Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a CHANGE ORDER.
18.3 Where the CONTRACTOR'S Services have been so TERMINATED by the OWNER, said TERMINATION shall
not affect any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention
or payment of monies by the OWNER due the CONTRACTOR will not release the CONTRACTOR from compliance with
the CONTRACT DOCUMENTS.
18.4 After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the
OWNER may without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate
the CONTRACT. In such case, the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus
reasonable profit.
18.5 If, through no act or fault of the CONTRACTOR, the WORK is SUSPENDED for a period of more than ninety (90)
days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any request for
payment within thirty (30) days after it is submitted, or the OWNER fails to pay the CONTRACTOR substantially the sum
approved by the ENGINEER or awarded by arbitrators within thirty (30) days of its approval and presentation, then the
CONTRACTOR may, after then (10) days from delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER,
terminate the CONTRACT and recover from the OWNER payment for all WORK executed and all expense sustained. In
addition and in lieu of terminating the CONTRACT, if the ENGINEER has failed to act on a request for payment as aforesaid,
the CONTRACTOR may upon ten (10) days WRITTEN NOTICE to the OWNER and the ENGINEER stop the WORK until
he has been paid all amounts then due, in which event and upon resumption of the WORK, CHANGE ORDERS shall be
issued for adjusting the CONTRACT PRICE or extending the CONTRACT TIME, or both, to compensate for the costs and
DELAYS attributable to the stoppage of the WORK.
18.6 If the performance of all or any portion of the WORK is SUSPENDED, DELAYED, OR INTERRUPTED as result of
a failure of the OWNER or ENGINEER to act within the time specified in the CONTRACT DOCUMENTS, or if no time is
specified, within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or
both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and DELAYS necessarily caused
by the failure of the OWNER or ENGINEER
19. PAYMENT TO CONTRACTOR AND CONTRACT CLOSE-OUT
19.1 At least ten (10) days before each progress payment falls due (but not more often than once a month) the
CONTRACTOR will submit to the ENGINEER a PARTIAL PAYMENT ESTIMATE filled out and signed by the
CONTRACTOR covering the WORK performed during the period covered by the PARTIAL PAYMENT ESTIMATE and
supported by such data as the ENGINEER may reasonably require. If PAYMENT is requested on the basis of material and
equipment not incorporated in the WORK but delivered and suitably stored at or near the site, the PARTIAL PAYMENT
ESTIMATE shall also be accompanied by such supporting data, satisfactory to the OWNER, as will establish the OWNER'S
title to the material and equipment and protect his interest herein, including applicable insurance. The ENGINEER will,
within ten (10) days after receipt of each PARTIAL PAYMENT ESTIMATE, either indicate in writing his approval of
PAYMENT and present the PARTIAL PAYMENT ESTIMATE to the OWNER, or return the PARTIAL PAYMENT
ESTIMATE to the CONTRACTOR indicating in writing his reason for refusing to approve PAYMENT. In the latter case, the
CONTRACTOR may make the necessary corrections and resubmit the PARTIAL PAYMENT ESTIMATE. The OWNER
will, within fifteen (15) days of presentation to him of an approved PARTIAL PAYMENT ESTIMATE, pay the
CONTRACTOR a PROGRESS PAYMENT on the basis of the approved PARTIAL PAYMENT ESTIMATE less the
retainage. The retainage shall not be less than an amount equal to 10 percent of an approved partial payment estimate until 50
percent of the work has been completed. If the job is proceeding satisfactorily at 50 percent completion, further partial
payments may be made in full, however, previously retained amounts shall not be paid until construction is substantially
complete. Additional amounts may be retained if the job is not proceeding satisfactorily, but in no event shall the total
retainage be more than 10 percent of the value of the work completed Within thirty (30) days following the date of
SUBSTANTIAL COMPLETION, the CONTRACTOR shall be paid in full, less only one and one-half (1-12) times such
amount as is required to complete any then remaining, uncompleted, minor items, which amount shall be certified by the
ENGINEER. In the event a dispute arises between the CONTRACTING BODY and any PRIME CONTRACTOR, which
dispute is based on increased costs claimed by one PRIME CONTRACTOR occasioned by delays or other actions of another
PRIME CONTRACTOR, additional retainage in the sum of one and one-half (1-12) times the amount of any possible
liability may be withheld until such time as a final resolution is agreed to by all parties directly or indirectly involved, unless
the CONTRACTOR causing the additional claim furnished a BOND satisfactory to the OWNER to indemnify the OWNER
GC-S
Genera! Conditions/Master/dss-hd/Revised 3/03 ®119.3
against the claim. The certificate given by the ENGINEER shall list in detail each and every uncompleted item and a
reasonable cost of completion. Final PAYMENT of any amount so withheld for the completion of the minor items shall be
paid forthwith upon completion of all the items in the CERTIFICATE OF THE ENGINEER.
19.2 The REQUEST FOR PAYMENT may also include an allowance for the cost of such MAJOR MATERIALS AND
EQUIPMENT which are suitably stored either at or near the site.
19.3 Substantial Completion
19.3.1 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER
and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGINEER issue a Certificate of Substantial Completion. Promptly
thereafter, OWNER, AGENCY, CONTRACTOR and ENGINEER shall make a pre-final inspection of the Work to determine
the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify
CONTRACTOR. in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before
final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection
- to ENGINEER as to any provisions of the certificate or attached list. Ii; after considering such objections, ENGINEER
concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If, after consideration of OWNER's
objections, ENGINEER considers the Work substantially complete, ENGINEER will within 14 days execute and deliver to
OWNER and CONTRACTOR a definitive Certificate of Substantial Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time of delivery of the tentative Certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work,
maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise
in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive Certificate of Substantial
Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment.
_ 19.3.2 OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.
19.3.3 The OWNER shall have the right to enter the premises for the purpose of doing work not covered by the
CONTRACT DOCUMENTS. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility
for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be caused by agents or
employees of the OWNER.
19.4 Partial Utilization
_ 19.4.1 Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been
identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately
functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference
with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of
all the Work subject to the following conditions.
19.4.1.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which
OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is
substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the work is substantially complete
and request ENGINEER to issue a Certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may
notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Wok ready for its intended use and
substantially complete and request ENGINEER to issue a Certificate of Substantial Completion for that part of the Work. Within a
reasonable time after either such request; OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the
Work to determine its status of completion if ENGINEER does not consider that part of the Work to be substantially complete,
ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of
the Work to be substantially complete, the provisions of paragraph 19.3 will apply with respect to certification of Substantial
Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
GC-9
General Conditions/Master/dss-hd/Revised"3 x@119.3
19.4.2 Partial Utilization, Acknowledgment of Property Insurer
19.4.2.1 if OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all
the Work, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to
paragraph 21 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The
insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance
shall not be canceled or permitted to lapse on account of any such partial use or occupancy.
19.5 Final Inspection
19.5.1 Unless otherwise provided in the Agreement, upon written notification by the Contractor that he has completed the
work under the Contract, the Engineer shall make an inspection to determine whether the work is fully completed. The
Contractor shall, at his own expense, provide the Engineer with all labor, tools, or equipment that may be required by the
Engineer in making such inspection. The Contractor shall correct all defects and complete all work found to be uncompleted
or deficient by said inspection. The Engineer may make subsequent inspections until all defects are corrected and all items as
well as the. entire Contract are completed. The inspection which determines that all work has been fully completed and
accepted shall be the fmal inspection. Said final inspection and acceptance shall not relieve the Contractor from liability under
his guarantee under the Agreement and Paragraph 29 of these General Conditions.
19.6 Upon COMPLETION and ACCEPTANCE'of the WORK, the ENGINEER shall issue a CERTIFICATE attached to
the FINAL PAYMENT REQUEST that the WORK has been accepted by him under the CONDITIONS OF THE CONTRACT
DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such
sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) days of
COMPLETION and ACCEPTANCE of the WORK.
19.7 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims
growing out of the lawful demands of SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and furnishers of
machinery and parts thereof; equipment, tools and all supplies incurred in the furtherance of the performance of the WORK.
The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature designated
above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified the
CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a sum of money
deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities
have been fully discharged, whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of the
CONTRACT DOCUMENTS but in no event shall the provision of this sentence be construed to impose any obligations upon
the OWNER to either the CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of the CONTRACTOR,
any payment so made by the OWNER shall be considered as payment made under the CONTRACT DOCUMENTS by the
OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in
good faith.
19.8 If the OWNER fails to make PAYMENT thirty (30) days after APPROVAL by the ENGINEER and OWNER in
addition to other remedies available to the CONTRACTOR, there shall be added to each PAYMENT interest at the rate of 6
percent per annum commencing on the first day after said PAYMENT is due and continuing until the PAYMENT is received
by the CONTRACTOR.
20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
20.1 The ACCEPTANCE BY THE CONTRACTOR OF FINAL PAYMENT shall be and shall operate as a release to the
OWNER of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically
excepted by the CONTRACTOR for all things done or furnished in connection with the WORK. Any PAYMENT, however,
final or otherwise, shall not release the CONTRACTOR or his SURETIES from any obligations under the CONTRACT
DOCUMENTS or the PERFORMANCE BOND and PAYMENT BONDS.
21. INSURANCE
21.1 The CONTRACTOR shall purchase and maintain such INSURANCE as will protect him from claims set forth below
which may arise out of our result from the CONTRACTOR'S execution of the WORK, whether such execution by himself or
by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.
GC-10
General Conditions/Masuddss-hdl&vised 3103 @11-9.3
21.1.1 Claims under, Workmen's Compensation, disability benefit and other similar employee benefit acts.
21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees:
21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees:
211.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any personas result
of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any other
person; and
21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.
21.2 Certificates of Insurance approved by the OWNER shall be required before any NOTICE TO PROCEED is issued by
the OWNER. These Cerffcates shall contain a provision that coverages afforded under the policies will not be canceled
unless at least thirty (30) days prior WRITTEN NOTICE has been given to the OWNER.
21.3 The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, LIABILITY
INSURANCE as hereinafter specified
21.3.1 CONTRACTOR'S GENERAL PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE including vehicle
coverage issued to the CONTRACTOR and protecting him from all claims for personal injury, including death, and all claims
for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT
DOCUMENTS, whether such operations be by himself or by any SUBCONTRACTOR under him, or anyone directly or
indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR under him, insurance shall be written with alimit of
liability of not less than the coverage required in the Instructions to Bidders for all damages arising out of bodily injury,
including death, at any time resulting therefrom, sustained by one or more persons in any one accident.
21.4 The CONTRACTOR shall procure and maintain at his own expense, during the CONTRACT TIME, in accordance
with the provision of the laws of the state in which the WORK is performed, WORKMEN'S COMPENSATION
INSURANCE, including occupational disease provisions, for all of his employees at the site of the PROJECT and in case any
work is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarly to provide WORKMENS
COMPENSATION INSURANCE, including occupational disease provision for all the latter's employees unless such
employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in
hazardous WORK under this contract at the site of the PROJECT is not protected under Workmen's Compensation statute, the
CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the
protection of his employees not otherwise protected.
21.5 The CONTRACTOR shall secure "ALL RISK" type BUILDER'S RISK INSURANCE for WORK to be performed.
Unless specifically authorized by the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE
totaled in the BID. The policy shall cover not less than the losses due to fire, explosion, hail, lightening, vandalism, malicious
mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT TIME and until the WORK is accepted by the
OWNER. The policy shall name as the insured the CONTRACTOR and the OWNER
22. CONTRACT SECURITY
22.1 The CONTRACTOR SHALL WITHIN TEN (10) days after the receipt of the NOTICE OF INTENT TO AWARD
fumish the OWNER with a PERFORMANCE BOND and a PAYMENT BOND in penal sums equal to the amount of the
CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR of all undertakings, covenants, terms,
conditions and agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all
persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such
BONDS shall be executed by the CONTRACTOR and a corporate bonding company licensed to transact such business in the
state in which the WORK is to be performed and named on the current list of "Surety Companies Acceptable on Federal
Bonds" as published in the Treasury Department Circular Number 570. The expanse of these BONDS shall be bome by the
CONTRACTOR. If at any time a SURETY on any such BOND is declared bankrupt or loses its right to do business in the
state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal BONDS,
CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or
BONDS) in such form and sum and signed by such other SURETY or SURETIES as may be satisfactory to the OWNER. The
GC-11
General Conditions/Master/dss-hd/Revired3/03 ®119.3
premium on such BONDS shall be paid by the CONTRACTOR No further payments shall be deemed due nor shall be made
until the new SURETY or SURETIES shall have furnished an acceptable BOND to the OWNER.
23. ASSIGNMENTS
23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign or otherwise dispose of the CONTRACT or
any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written consent of the other
party-
24. INDEMNIFICATION
24.1 The CONTRACTOR will INDEMNIFY AND HOLD HARMLESS the OWNER and the ENGINEER and their
agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or
resulting from the performance of the WORK, provided that any such claims, damage, loss or expense is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting
therefrom; and is caused in whole or in part by any negligent or willfttl act or omission of the CONTRACTOR, and
SUBCONTRACTOR anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable.
24.2 In any and all claims against the OWNER or the ENGINEER, or any of their agents or employees, by any employee
of the CONTRACTOR, and SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for
whose acts any of them may be liable, the INDEMNIFICATION obligation shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any
SUBCONTRACTOR under workmen's compensation acts, disability benefit acts or other employees benefits acts.
24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER, his
agents or employees arising out of the preparation or approval of maps, DRAWINGS, opinions, reports, surveys, CHANGE
ORDERS, Designs or SPECIFICATIONS.
- 25. SEPARATE CONTRACTS
25.1 The OWNER reserves the right to let other CONTRACTS in connection with this PROJECT. The CONTRACTOR
shall afford other CONTRACTORS reasonable opportunity for the introduction and storage of their material and the
execution of their WORK and shall properly connect and coordinate his WORK with theirs. If the proper execution or results
of any part of the CONTRACTOR'S WORK depends upon the WORK of any other CONTRACTOR, the CONTRACTOR
shall inspect and promptly report to the ENGINEER any defects in such WORK for such proper execution and results.
25.2 "The OWNER may perform additional WORK related to the PROJECT by himself, or he may let other CONTRACTS
containing provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such
CONTRACTS (or the OWNER, if he is performing the additional WORK himself), reasonable opportunity for the
introduction and storage of material and equipment and the execution of WORK, and shall properly connect and coordinate his
WORK with theirs.
25.3 If the performance of additional WORK by other CONTRACTORS or the OWNER is not noted in the CONTRACT
DOCUMENTS prior to the execution of the CONTRACT, written notice thereof shall be given to the CONTRACTOR prior to
start in any such additional WORK. If the CONTRACTOR believes that the performance of such additional WORK by the
OWNER or others involves him in additional expense or entitles him to an extension of the CONTRACT TIME he may make
a claim therefore.
26. SUBCONTRACTING
26.1 The CONTRACTOR may utilize the services of SPECIALTY SUBCONTRACTORS in those parts of the WORK
which, under normal contracting practices, are performed by specialty SUBCONTRACTORS.
26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(S),in excess of fifty (50) percent of the
CONTRACT PRICE, without prior written approval of the OWNER
26.3 The CONTRACTOR shall be fully responsible for the OWNER for the acts and omissions of his
GC-12
General Conditions!Masten clss-hd/R"ised 3103 ®119.3
A
SUBCONTRACTORS, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of
persons directlyemployed by him.
26.4 The CONTRACTOR shall cause appropriate provisions to be inserted in all SUBCONTRACTS relative to the WORK
to bind SUBCONTRACTORS to the CONTRACTOR by the terms of the CONTRACT DOCUMENT'S insofar as applicable
to the WORK of SUBCONTRACTOR and to give the CONTRACTOR the same power as regards terminating any
SUBCONTRACT that the OWNER may exercise over the CONTRACTOR under any provision of the CONTRACT
DOCUMENTS.
26.5 Nothing contained in this CONTRACT shall create any contractual relation between any SUBCONTRACTOR and
the OWNER.
27. ENGINEER'S AUTHORITY
27.1 The ENGINEER shall act as the OWNER'S representative during the construction period. He shall decide questions
which may arise as to quality and acceptability of material furnished and WORK performed. He shall interpret the intent of
the CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER will make visits to the site and determine if
the WORK is proceeding in accordance with the CONTRACT DOCUMENTS.
27.2 The CONTRACTOR will be held strictly to the intent of the CONTRACT DOCUMENTS in regard to the quality of
materials, worlananship and execution of the WORK. Inspections may be made at the factory of fabrication plant of the
source of material supply.
27.3 The ENGINEER will not be responsible for the construction means, controls, techniques, sequences, procedures, or
construction safety.
27.4 The ENGINEER shall promptly make decisions relative to interpretation of the CONTRACT DOCUMENTS
28. LAND AND RIGHTS-OF-WAY
28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all LAND AND RIGHTS-OF-WAY
necessary for carrying out and for the completion of the WORK to be performed pursuant to the CONTRACT DOCUMENTS,
unless otherwise mutually agreed.
28.2 The OWNER shall provide to the CONTRACTOR information which delineates and describes the LANDS OWNED
AND RIGHTS-OF-WAY acquired.
28.3 The CONTRACTOR shall provide at his own expense and without liability to the OWNER any additional LAND
AND ACCESS thereto that the CONTRACTOR may desire for temporary construction facilities, or for storage of materials.
29. GUARANTY
29.1 The CONTRACTOR shall GUARANTEE all materials and equipment furnished and WORK peed for a
period of one
(1) year from the date of SUBSTANTIAL COMPLETION. The CONTRACTOR WARRANT'S and GUARANTEES for a period of
one (1) year from the date of SUBSTANTIAL COMPLETION of the system that the complete system is five of all defects due to
faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of
such defects including the repairs of any damage to other parts or the system resulting from such defects. The OWNER will give
notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs,
adjustments, or other WORK that may be made necessary by such defects, the OWNER may do so and charge the CONTRACTOR
the cost thereby incurred. The PERFORMANCE BOND shall remain in full force and effect through the GUARANTEE PERIOD.
30. ARBITRATION BY MUTUAL AGREEMENT
30.1 All claims, disputes and other matters in question arising out of, or relating to, the CONTRACT DOCUMENTS or the
breach thereof, except for claims which have been waived by the making and acceptance of final payment as provided by
Section 20, may be decided by ARBITRATION if the parties mutually agree. Any AGREEMENT TO ARBITRATE shall be
specifically enforceable under the prevailing arbitration law. Ile award rendered by the arbitrators shall be final, and
judgment may be entered upon it in any court having jurisdiction thereof.
GC-13
General Conditions/Masteddss-hd/Revired 3103 @119.3
30.2 Notice of the request for ARBITRATION shall be filed in writing with the other party to the CONTRACT
DOCUMENTS and a copy shall be filed with the ENGINEER. Request for ARBITRATION shall in no event be made on any
claim, dispute or other matter in question which would be barred by the applicable statute of limitations. Along with the
notice, details of all items to be arbitrated shall also be famished to the other party and the ENGINEER.
30.3 The CONTRACTOR will carry on the WORK and maintain the progress schedule during any ARBITRATION
PROCEEDINGS, unless otherwise mutually agreed in writing.
31. TAXES
31.1 The CONTRACTOR will be responsible for the payment of all EXCISE, SALES, OR USE TAXES, and all other
TAXES required by law on all labor, materials, tools, apparatus, equipment, fixtures, and incidentals which he purchases or
uses for the purpose of fulfilling the WORK. He shall include all amounts required for such TAXES within the CONTRACT
PRICE. No additional payment will be made to cover such TAXES.
31.2 Attention is directed to the fact that under existing provisions of the Pennsylvania 1963 Tax Act for Education and
regulations promulgated by the Pennsylvania Department of Revenue, items of tangible personal property used or consumed
directly in the rendition of a public utility service (including water and sanitary sewer systems) are exempt from TAX under
said act. This exemption does not extend to buildings and items not made part of the water or sanitary sewer system.
31.3 Each BIDDER shall consult his own counsel with respect to the applicability of all TAXES. The OWNER will
cooperate with the CONTRACTOR in obtaining any such exemptions, where applicable.
32. LINES, GRADES, AND CONSTRUCTION SURVEYING
32.1 The CONTRACTOR shall provide engineering surveys to established REFERENCE POINTS in the form of
BENCHMARKS.
32.2 The CONTRACTOR shall be responsible for laying out the WORK.
32.3 The CONTRACTOR shall report to the ENGINEER when ever any REFERENCE POINT is lost, destroyed or
requires relocation because of location or grade changes. Replacement or relocation of the REFERENCE POINTS shall be
made by a competent surveyor, retained by the CONTRACTOR.
33. PROHIBITED INTERESTS
33.1 No official of the OWNER who is authorized in such capacity and on behalf of the OWNER to negotiate, make,
accept, or approve, or take part in negotiating, making, accepting, or approving any architectural, engineering, inspecting,
construction or material supply CONTRACT or any SUBCONTRACT in connection with the construction of the PROJECT,
shall become directly or indirectly interested personally in this CONTRACT or in any part thereof. No officer, employee,
architect, attorney, engineer, or inspector of or for the OWNER who is authorized in such capacity and on behalf of the
OWNER in any legislative, executive, supervisory, or other similar functions in connection with the construction of the
PROJECT, shall become directly or indirectly interested personally in this CONTRACT in any part thereof, any material
supply CONTRACT, SUBCONTRACT, INSURANCE CONTRACT, or any other CONTRACT pertaining to the PROJECT.
34. WITHHOLDING OF PAYMENTS
34.1 The ENGINEER may WITHHOLD PAYMEN'T'S or, on account of subsequently discovered evidence, nullify the
whole or part of any approved PARTIAL PAYMENT ESTIMATE to such extent as may be necessary to protect the OWNER
from loss on account of
a. Defective WORK not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims.
C. Failure of the CONTRACTOR to invoke payments properly to SUBCONTRACTORS or for material or
labor.
d. A reasonable doubt that the WORK can be completed for the balance then unpaid.
C. Damage to another CONTRACTOR.
GC-14
General Conditions!Mastertdss-h&Revised3A03 @119.3
. 4- AP
E Performance of WORK in violation of the terms of the CONTRACT DOCUMENTS.
g. Clean-up and/or corrections ordered by the ENGINEER not performed.
342 When the above grounds are corrected, payment shall be made for amounts withheld.
35. INABILITY OF OWNER TO PROCEED
35.1 The WORK to be done under the CONTRACT is public work to be financed by the OWNER and/or otherwise
subject to various qualifications and regulatory restrictions.
35.2 The OWNER in good faith intends to proceed with the project, but its ability to do so is subject to many factors
beyond its control. It is therefore expressly understood and agreed by the CONTRACTOR that not withstanding any other
provision of the CONTRACT DOCUMENTS, the OWNER may condition any AWARD made by it and, fiuther, may at any
time cancel any AWARD or CONTRACT without liability to the CONTRACTOR, at any time before the CONTRACTOR
has been directed to, and has actually begun WORK under the CONTRACT, provided financing satisfactory to the OWNER
cannot reasonably be consummated as contemplated or if any court of competent jurisdiction shall enjoin or otherwise prohibit
the OWNER from proceeding with the WORK.
36. COMPLIANCE WITH LAWS
36.1 CONTRACTOR shall be responsible to familiarize himself with and comply with all STATUTES, ORDINANCES,
RULES, AND REGULATIONS, whether federal, state or local, which may be applicable to the WORK to be performed
and/or materials and equipment to be used or supplied in performance of the CONTRACT. OWNER and ENGINEER make
no representation that such STATUTES, ORDINANCES, RULES AND REGULATIONS as may be mentioned in the
CONTRACT DOCUMENTS are the only applicable, and CONTRACTOR agrees that he shall ascertain all STATUTES,
ORDINANCES, RULES AND REGULATIONS that may be applicable and shall base his BID PRICES on full compliance
therewith.
END OF SECTION
General C0nditi0ns/Master/dss-hd/R"1wd 3103 (x3119.3
GC-15
Y r t
SUPPLEMENTAL GENERAL CONDITIONS
These Supplemental General Conditions are presented as additions and modifications to the General
Conditions, and shall be and are hereby declared to be part of the Contract Documents, as defined in
Section 1.7 of the General Conditions. In the event of a conflict or inconsistency these Supplemental
General Conditions shall prevail.
Contractor shall be responsible for. compliance with all statutes and regulations cited in these
Supplemental General Conditions to the extent they are applicable to the Work to be performed under
the Contract Documents.
The Supplemental General Conditions on this Contract are as follows:
1. CONTRACT CHANGE ORDER APPROVAL:
All contract change orders will require approval by the Owner. This approval will be obtained
after the contract change order has been properly executed by the Engineer and the Contractor.
All changes which affect the cost of the construction or the time for completion of the contract
must be authorized by means of a contract change order. The contract change order will include
extra work (Work not within the scope of the original contract), work for which quantities have
been altered substantially from those shown in the bidding schedule and work for which no unit
prices are available in the original contract.
All change orders are to be executed on "Contract Change Order Forms".
2. PARTIAL AND FINAL PAYWNTS•
All partial and final payment estimates shall be submitted to the Engineer for payment. All such
payment estimates shall be properly certified by the Engineer, and approved by the Owner.
3. BONDS:
All bonds shall be in the forms prescribed by law or regulation or by the Contract Documents and
be executed by such sureties as are named either in the current list of "Companies Holding
Certificates of Authority as Acceptable Reinsuring Companies" as published in circular 570
(amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department or on the current
edition of the "Surety List" of licensed companies published by the Commonwealth of
Pennsylvania Insurance Department, Company Division System. All Bonds signed by an agent
must be accompanied by a certified copy of the Authority to act, dated concurrent with the Bond.
4. PR0TECTIONOFLIVES ANDHEAL TH:
In order to protect the lives and health of his employees under the contract, the Contractor shall
comply with all pertinent provisions of the "Manual of Accident Prevention in Construction"
issued by the Associated General Contractors of America, Inc., and shall maintain an accurate
record of all cases of death, occupational disease, and injury requiring medical attention or
causing loss of time from work, arising out of and in the course of employment or work under the
contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of
his plant, appliances, and methods, and for any damage, including damage to property, which
may result from their failure or their improper construction, maintenance, or operation.
SGC-1
Supplemental General Conditions
S. Middleton/PSI 1&12/Rt. 34/Westem Village/dss-hd/2004.1
k 4A 4 5. WITHHOLDING OF PAYMENTS:
The engineer may withhold or, on account of subsequently discovered evidence, nullify the
whole or part of any approved partial payment estimate to such extent as may be necessary to
protect the Owner from loss on account of
a. Defective work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims.
C. Failure of the Contractor to invoke payments properly to subcontractors or for material or labor.
d. A reasonable doubt that the work can be completed for the balance then unpaid.
e. Damage to another contractor.
f. Performance of work in violation of the terms of the Contract Documents.
g. Clean-up and/or corrections ordered by the Engineer which were not performed.
When the above grounds are corrected, payment shall be made for amount withheld because of them.
6. PENNSYLVANL9 DEPARTMENT OF ENVIRONMENTAL PROTECTION STATUTES
AND REGULATIONS:
PA Human Relations Act (Act 1955-222), as amended.
PA Public Works Contractors Bond Act (Act 1978-317).
PA Public Works Contract Regulation Act (Act 1982-200).
PA Steel Products Procurement Act (Act 1978-3), as amended.
PA Aluminum Products Act (Act 1986-226).
7. AS-BUILT DRAWINGS
Contractors are responsible to maintain as-built drawings including all changes to the original
contract drawings.
..Prior to receiving final payment, Contractors shall forward to the Engineer one complete full-size
set of original document prints with all changes accurately and legibly marked in permanent ink
in an easily readable scale.
Changes shall include but not be limited to locations, sizing, changes in equipment design,
changes in horsepower, voltage, etc.
Stamp all as-built drawings "RECORD DRAWING BY (CONTRACTOR'S NAME)".
As-built prints are subject to review by the Engineer. If the prints are inadequate, they will be
-returned to the Contractor for revision. Final payment will be withheld untie acceptable as-builts
are-received.
8. PRE-CONSTRUCTION CONFERENCE:
Soon after the actual award of the Contract (but prior to the start of construction), the Contractor
or his representative shall attend a Pre-Construction Conference with representatives of the
Owner, Engineer and Cumberland County Conservation District. The conference will serve to
acquaint the participants with the general plan of contract administration and requirements under
which the construction operation is to proceed.
The date, time and place of the conference will be furnished to the Contractor by the Owner.
END OF SECTION
SGC-2
SumkmenW General Cw&tmm
S. Middletnn/PS11&12/Rt. 34/Ww m Villagddss4ul/2004.1
UA 41
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by hand delivery on the date set
forth below:
ANTHONY T. LUCIDO, ESQUIRE
THOMAS, THOMAS & HAFER, LLP
P.O. BOX 999
HARRISBURG, PA 17108-1268
Dated: September 2, 2011
IRWIN & McKNIGHT, P.C.
By: `
Douglas Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Plaintiff
JANE S. EBERTS a/k/a S. JANE : IN THE COURT OF COMMON PLEASn
EBERTS, OF CUMBERLAND COUNTY
3 -?
PLAINTIFF ,
PENNSYLVANIA z? o
r' -3m
?
V. cn -
CO c
o f
;Cp -+c.)
r
MICHAEL F. RONCA & SONS,
INC., c c,a art,
DEFENDANT 07-3163 CIVIL TERM ? w
IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
BEFORE GUIDO. J., EBERT, J. AND MASLAND. J
ORDER OF COURT
AND NOW, this day of November, 2011, after considering
the briefs and arguments of counsel, defendant's motion for summary judgment
is DENIED.
By the Court,
Douglas G. Miller, Esquire
For Plaintiff
Anthony T. Lucido, Esquire
For Defendant
Albert H. Masland, .
:saa
JANE S. EBERTS a/k/a S. JANE : IN THE COURT OF COMMON PLEAS
EBERTS, OF CUMBERLAND COUNTY,
PLAINTIFF PENNSYLVANIA
V.
MICHAEL F. RONCA & SONS,
INC.,
DEFENDANT 07-3163 CIVIL TERM
IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
BEFORE GUIDO, J., EBERT, J. AND MASLAND. J
OPINION AND ORDER OF COURT
Masland, J., November 18, 2011:--
In this breach of contract and negligence action, Plaintiff, Jane S. Eberts,
sues Defendant, Michael F. Ronca & Sons, Inc., alleging Defendant's blasting
activity caused physical damage to Plaintiffs home. Plaintiff avers that this
damage led to water entering her home, resulting in mold and mildew growth
which ultimately caused respiratory problems and deterioration in her health. For
its part, Defendant asserts Plaintiff's contract claim is legally insufficient and that
her negligence claim is time-barred. Before the Court is Defendant's motion for
summary judgment seeking dismissal of all counts. Following oral argument, we
are ready to render our decision. For the following reasons, we deny the motion
in all respects.
1. Background
Defendant was hired by the South Middleton Township Municipal Authority to
extend a sanitary sewage and water distribution system to the Western Village
area of the Township. To reach this end, Defendant began conducting blasting
07-3163 CIVIL TERM
activity in January 2004 and concluded such activity on May 24, 2005. Plaintiff
alleges that Defendant's blasting activity caused damage to her home resulting in
water damage. On May 24, 2007, Plaintiff initiated the instant matter by writ of
summons. Plaintiff then filed her complaint on February 4, 2008. Three
alternative counts are included in this complaint: Breach of Contract and
Warranties; Violation of the Pennsylvania Unfair Trade Practices and Consumer
Protection Law (UTPCPL); and Negligence.
In its motion for summary judgment, Defendant first asserts the Breach of
Contract claim is unfounded because it contracted directly with the municipality
and not with Plaintiff. Therefore, Defendant contends that it did not owe a
contractual duty to Plaintiff. Next, Defendant asserts the UTPCPL claim is
unfounded as Plaintiff is not included in the definition of consumers in the
UTPCPL.' Finally, Defendant argues the negligence claim is time-barred
because the two year statute of limitations expired prior to Plaintiff filing this
claim.
II. Discussion
A. Standard of Review
Defendant moves for summary judgment pursuant to Pennsylvania Rules of
Civil Procedure 1035.2. "In considering the merits of a summary judgment, a
court views the record in the light most favorable to the non-moving party..." Toy
v. Metropolitan Life Ins. Co., 928 A.2d 186, 195 (Pa. 2007). Further, there can
At oral argument, Plaintiff admitted that the UTPCPL claim was unfounded.
Therefore, that claim will not be addressed in the discussion.
-2-
07-3163 CIVIL TERM
be "no genuine issue of any material fact as to a necessary element of the cause
of action..." Pa.R.C.P. No. 1035.2 (1).
B. Breach of Contract & Warranties Claim
Plaintiff avers that she is an intended third-party beneficiary because the
service lines were installed for her direct benefit and because her property was
one of many required to connect to the new sewer and waterlines in this
construction project. The blasting activity that Defendant conducted was a
prerequisite to the installation of these service lines.
Defendant argues that Plaintiffs third-party beneficiary claim should be
dismissed because she does not have standing to enforce the contract between
Defendant and the municipality. Plaintiff counters this with the language of the
contract, which explicitly requires Defendant to perform the blasting without
damaging surrounding structures, such as Plaintiffs house.
In reviewing the contract between the municipality and Defendant, and
applying the language contained therein, this Court finds that Plaintiff is an
intended third-party beneficiary to the agreement between Defendant and the
municipality, and therefore has standing to bring the instant breach of contract
claim.
Defendant relies on Scarpetti v. Weborg, where the Supreme Court affirmed
an earlier adoption of Restatement (Second) of Contracts §302 in analyzing third-
party beneficiary claims. Scarpetti v. Weborg, 609 A.2d 147, 150 (Pa. 1992).
However, that holding and analysis pertain to contracts between private parties,
not municipalities and contractors, and thus is inapplicable to this case where an
-3-
07-3163 CIVIL TERM
agreement existed between Defendant and a municipality - the South Middleton
Township Municipal Authority.
In addressing municipal contracts, the Supreme Court of Pennsylvania
held that a municipality can demonstrate its intention to protect the public through
contractual language. Keefer v. Lombardi, 102 A.2d 695 (Pa. 1954). In Keefer,
buildings were damaged when a company conducted blasting work for a
municipality. The relevant contract contained a provision stating that the
company "expressly assume[s] liability for 'any and all loss and damage
sustained by any person or party ...that may occur either during the performance
or subsequent to the completion of the work..."' Id. at 696. The Court held that
the property owners could recover as third-party beneficiaries because the
contractual language explicitly stated the contracting parties' intent to protect
third-parties from damages related to the blasting work.
In the case at bar, the contractual language indicates the municipality's intent
to protect the public. There are two relevant paragraphs in the contract; both are
located in Section 11.
In relevant part, Paragraph 11.1 states that the contractor
will take all necessary precautions for the safety of, and will
PROVIDE THE NECESSARY PROTECTION TO PREVENT
DAMAGE. INJURY OR LOSS TO ALL EMPLOYEES on the WORK
and other persons who may be affected thereby, all the WORK and
all MATERIALS OR EQUIPMENT to be incorporated therein,
whether in storage on or off the site, and other property at the side
or adiacent thereto including trees shrubs lawns walks
Pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
Agreement, filed September 2, 2011 (emphasis added, capitalization in
original).
-4-
07-3163 CIVIL TERM
This paragraph assigned liability to the contractor for the safety of employees
as well as other affected persons. Paragraph 11.1 also assigned liability for
property damage, whether the property was part of the work site or adjacent to it.
This language clearly indicates the contracting parties' intent to protect all
adjacent property owners from damages associated with the blasting operations.
Further, paragraph 11.2 states that the contractor
will erect and maintain, as required by the conditions and progress of the
WORK, all necessary safeguards for safety and protection.
... The CONTRACTOR will remedy all damage injury or loss to any
property, caused directly or indirectly, in whole or in part., by the
CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly
employed by any of them.
Agreement, filed September 2, 2011 (emphasis added, capitalization in
original).
These two paragraphs were repeated and predominantly placed in a separate
two-page agreement entitled "Safety Guidelines and Requirements." This
separate document had an independent signature line, which Defendant signed.
In Keefer, the Pennsylvania Supreme Court ruled that members of the public
can be third-party beneficiaries if the language in the contract, so provides.
Here, Defendant signed a contract that specifically assigns it liability for property
damage caused by the blasting activity.
Therefore, based on the plain language of the contract, we conclude that
Plaintiff was an intended third-party beneficiary and can therefore pursue her
breach of contract claim.
-5-
07-3163 CIVIL TERM
C. Timeliness of Negligence Claim
Next, we address whether Plaintiffs negligence was timely filed. For a
negligence claim, the statute of limitations is two years. 42 Pa. C.S. §5524(4).
However, there are exceptions that, if applicable, can toll the limitation period.
Defendant argues Plaintiffs negligence claim is time-barred because it was
initiated more than two years after Plaintiff first noticed any damage to her home
on April 13, 2005. Plaintiff admits that some damage occurred to her home as a
result of a blasting activity on April 13, 2005. However, Plaintiff avers she did not
discover the extensive damage to her home until sometime later, when leaking
and flooding occurred. Therefore, Plaintiff argues that her action remains timely.
The discovery rule may toll the limitation period where an injured party does
not know and reasonably could not have known about an injury. Fine v. Checcio,
870 A.2d 850, 859 (Pa. 2005). "[T]he recognized purpose of the discovery rule
[is] to see to it that persons who are reasonably unaware of an injury that is not
immediately ascertainable have essentially the same rights as those who suffer
an immediately ascertainable injury." Id. at 860. And, the determination as to
whether a party exercising due diligence could have discovered the injury is a
question of fact. As such, that question is normally for the jury. Id. at 858.
Defendant conducted blasting activities from January 4, 2005 - May 24, 2005.
Plaintiff noticed minor damage to her home after a blasting event in April.
However, Plaintiff did not discover the extensive damage to her home until
sometime later; when moisture entered her home following rain events resulting
in leaking, flooding, and ultimately mold growth. Neighbors did not become
-6-
07-3163 CIVIL TERM
aware of water entering their homes until later that spring, shortly after the
blasting activity stopped.
In applying the discovery rule we find that the date the statute of limitations
began to toll was the date Plaintiff first discovered water entering her home. The
determination of that date is a factual question and, as such, should go to a jury.
See Gleason v. Borough of Moosic, 15 A.3d 479 (Pa. 2011). Accordingly, we
enter the following order.
ORDER OF COURT
AND NOW, this.- day of November, 2011, after considering
the briefs and arguments of counsel, defendant's motion for summary judgment
is DENIED.
By the Court,
G
Albert H. Masland, J.
Douglas G. Miller, Esquire
For Plaintiff
Anthony T. Lucido, Esquire
For Defendant
saa
-7-
JANE S. EBERTS a/k/a S. JANE
EBERTS, Plaintiff
V.
MICHAEL F. RONCA & ONS9 INC-Defendant
IN THE COURT OF COMMON PLEAS
1TT1.4U-F1Q1 AND COUNTY, PENNSYLVANIA
ACTION - LAW
0.2007-3163 CIVIL TERM
TRIAL DEMANDED
ORDER
t
?? day of , 2012, upon consideration of Defendant's
AND NOW, this Y
Compel Discovery Responses of plaintiff, it is hereby ORDERED and DECREED
Motion to
ff
that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff Jane
in
Eberts shall serve full and complete responses to Defendant's discovery requests with t
days of the date of this Order, or suffer sanctions upon appropriate Motion by Defendant.
HE COUR .
Distribution List:
Douglas i. Miller, Esquire
Irwin. & McKnight =? --}
60 West Pomfret Street
Ca,Iisle. PA 17013
;ern
a --
r-
C < ?:
rv
Anthony T. Lucido, Esquire
Thomas, Thomas & Hafer, LLP
-'North Front Street
05
_
DI 0. Box 999
Harrisburg, PA 17108
Copes ,-,44.led
Awl
JANE S. EBERTS a/k/a S. JANE
EBERTS,
Plaintiff,
V.
MICHAEL F. RONCA & SONS, INC.,
Defendant.
: IN THE COURT OF COMMON PLEAS?DF
: CUMBERLAND COUNTY, PENNSY4N: 4 ?
CIVIL ACTION - LAW
No. 2007 - 3163
JURY TRIAL DEMANDED T, c:: co
PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO COMPEL
AND NOW this 23rd day of April, 2012, come the Plaintiff, Jane S. Eberts a/k/a S. Jane
Eberts, by and through her attorneys, Irwin & McKnight, P.C. and respectfully files this Answer
to the Defendant's Motion to Compel, and pursuant to the Order of Court dated April 2, 2012,
and in support thereof aver as follows:
1. The averments contained in paragraph one (1) of the Motion are admitted.
2. The Complaint and Answer referenced in paragraph two (2) of the Motion speak
for themselves and therefore no further response is required.
3. The averments contained in paragraph three (3) are denied as stated. It is
admitted that Plaintiff has had some repairs to her home to fix damage caused by the Defendant's
blasting, primarily the replacement of her roof. Plaintiff has not had all of the damages repaired,
however, and the remainder of the averments in paragraph three (3) are therefore specifically
denied.
4. The averments contained in paragraph four (4) are admitted.
5. The averments contained in paragraph five (5) are admitted.
6. The averments contained in paragraph six (6) are admitted.
7. The averments contained in paragraph seven (7) are admitted.
8. The averments contained in paragraph eight (8) are admitted.
9. The averments in paragraph nine (9) are admitted in part and denied in part.
Plaintiff has previously provided copies of repair bills and invoices to Defendant in response to
Defendant's first set of Interrogatories and Requests for Production of Documents. Plaintiff is
contemporaneously to this pleading providing to Defendant's legal counsel direct answers and
supporting documentation responding to the second set of Interrogatories. The remaining
averments in paragraph nine (9) are specifically denied.
10. The averments in paragraph ten (10) are conclusions of law to which no response
is required. To the extent that a response is required, Plaintiff is contemporaneously to this
pleading providing to Defendant's legal counsel direct answers and supporting documentation
responding to the second set of Interrogatories.
11. The averments in paragraph eleven (11) are admitted in part and denied in part.
Plaintiff has previously provided copies of repair bills and invoices to Defendant in response to
Defendant's first set of Interrogatories and Requests for Production of Documents. Plaintiff is
contemporaneously to this pleading providing to Defendant's legal counsel direct answers and
supporting documentation responding to the second set of Interrogatories.
12. The averments in paragraph twelve (12) are admitted in part and denied in part.
Plaintiff has previously provided copies of repair bills and invoices to Defendant in response to
Defendant's first set of Interrogatories and Requests for Production of Documents. Plaintiff is
contemporaneously to this pleading providing to Defendant's legal counsel direct answers and
supporting documentation responding to the second set of Interrogatories.
13. The averments in paragraph thirteen (13) are conclusions of law to which no
response is required. To the extent that a response is required, Plaintiff is contemporaneously to
2
? r
this pleading providing to Defendant's legal counsel direct answers and supporting
documentation responding to the second set of Interrogatories.
14. The averments contained in paragraph fourteen (14) are admitted.
15. The averments contained in paragraph fifteen (15) are admitted
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
denying the Defendant's Motion to Compel.
Respectfully Submitted,
IRWIN & McKNIGHT, P.C.
Dated: April 23, 2012 By:
Douglas G. iller, Esquire
Supreme Court ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Plaintiff
3
*. 4
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below both by facsimile and by first class
United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Anthony T. Lucido, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street, 6th Floor
P.O. Box 999
Harrisburg, PA 17108-0999
(Attorney for Defendant)
Date: April 23, 2012 IRWIN & McKNIGHT, P.C.
Douglas G. killer, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff
r 1- • ~
,--;
__a
F,--:
Anthony T. Lucido, Esquire
~- '~ 3 r~ _
-~-- ,~ Tr'"i
~
r
Attorney L D. No. 76583 ~"" ~-:, `
~
-`
~:,~ E
THOMAS, THOMAS & HAFER, LLP ~~ ;'._
.. .
w ~" ;
.
305 North Front Street _.
~_' _° ` _.
C~ ` ~ ~~
~
P.O. Boz 999 '"T
-k- €- q
,..~ .. _ . ,
Harrisburg, Pennsylvania 17108-0999 '*'3 r ' ? `'
(717 255-7234 _` _ --~ •
- ~W. ~
~"`
Attorneys for Defendant ' ~`" _
• -
~.
JANE S. EBERTS a/k/a S. JANE
IN THE COURT OF COMMON PLEAS -,
` "
EBERTS, UMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION -LAW
v.
0.2007-3163 CIVIL TERM
MICHAEL F. RONCA & SONS, INC.,
Defendant RY TRIAL DEMANDED
DEFENDANT'S MOTION TO COMPEL
PLAINTIFF JANE S. EBERTS' DISCOVERY RESPONSES
AND NOW comes Defendant, Michael F. Ronca & Sons, Inc. ("Defendant"), by and
through its attorneys, Thomas, Thomas and Hafer, LLP, and files the instant Motion to Compel
Plaintiff's Discovery Responses, stating and averring as follows:
1. This case was initiated by the filing of a Writ of Summons on or about May 24,
2007.
2. Plaintiff filed a Complaint on or about February 4, 2008 and Defendant filed a
timely Answer thereto. The Complaint alleges that Plaintiff's home was damaged as a result of
blasting that Defendant performed in her neighborhood as part of a sewer project.
3. Plaintiff claims that she had repairs done on her home to fix damage allegedly
caused by the blasting.
4. On or about July 17, 2012, Defendant served Plaintiff, Jane S. Eberts, a/k/a S.
Jane Eberts ("Eberts" or "Plaintiff Eberts") with Interrogatories (Set III) and Request for
•
Production of Documents (Set II). These requests were narrowly tailored, and focused on
Plaintiffs damages claim for repairs to her roof. A copy of the discovery, and cover letter
serving the same, are attached hereto collectively as Exhibit A.
5. On or about August 27, 2012, Defendant, Michael F. Ronca & Sons, Inc.'s
("Ronca" or "Defendant Ronca") counsel sent correspondence to Plaintiff Eberts' counsel
requesting the outstanding discovery. A copy of the correspondence is attached hereto as Exhibit
B.
6. On or about September 26, 2012, Defendant Ronca's counsel sent correspondence
to Plaintiff Eberts' counsel, again requesting the outstanding discovery. A copy of the
correspondence is attached hereto as Exhibit C.
7. On or about September 26, 2012, Plaintiffs counsel requested an extension to
provide the responses through September 28, 2012.
8. On or about October 29, 2012, Defendant Ronca's counsel sent correspondence to
Plaintiff Eberts' counsel, requesting the outstanding discovery within the near future, or a
Motion to Compel would be filed. A copy of the correspondence is attached hereto as Exhibit D.
9. Despite these repeated requests, extensions and professional courtesies and
despite Plaintiff Eberts' counsel having been served with said discovery nearly four months ago,
Plaintiff has failed to offer any response to said discovery.
10. Pursuant to Pa.R.C.P. No. 4006 and 4009.12, Plaintiff Eberts is required to serve
answers or objections to Defendant Ronca's Interrogatories and Request for Production of
Documents within thirty days of service.
11. Defendant Ronca is entitled to Plaintiff Eberts' discovery responses pursuant to
Pennsylvania Rules of Civil Procedure Nos. 4003.5, 4005, 4006, 4009.11, and 4009.12.
~ S
12. As previously stated, Plaintiff Eberts has served no response to date to Defendant
Eberts' discovery requests.
13. Defendant Ronca has been prejudiced by Plaintiff Eberts' continued refusal to
provide discovery responses, as they have been precluded from obtaining additional investigative
materials to further the course of the instant litigation.
13. Defendant Ronca's discovery requests are relevant to the above-captioned claim
and are necessary for the continued defense of Plaintiff Eberts' claims against Defendant Ronca.
14. Pennsylvania Rules of Civil Procedure No. 4019 permit this Honorable Court to
enter an Order requiring Plaintiff Eberts to provide full and complete responses to Defendant
Ronca's discovery requests, or to allow such other sanctions, including but not limited to the
preclusion of evidence at trial, upon further application made to this Honorable Court.
15. No further requests for an extension of time to serve responses have been made by
Plaintiff Eberts.
16. Plaintiff Eberts is represented by Douglas G. Miller, Esquire. Attorney Miller's
mailing address, telephone and fax number are as follows: Douglas G. Miller, Esquire, Irwin &
McKnight, 60 West Pomfret Street, Carlisle, PA 17013, (717) 249-2353.
17. The undersigned hereby certifies that an attempt was made by reasonable effort to
resolve this matter as outlined above.
WHEREFORE, Defendant respectfully requests this Honorable Court grant its Motion
to Compel Plaintiff Eberts' Responses to Discovery and enter an Order in the form proposed.
Date: { ( 2~ 'L
1 ]96813.1
Respectfully submitted,
THOMAS, THOMAS HAFER, LLP
~~
Anthony T. Lucido, Esquire
I.D. No. 76583
Attorneys for Defendant
~ i
CERTIFICATE OF SERVICE
I, Megan L. Younkins, Paralegal for the law firm of Thomas, Thomas & Hafer, LLP,
hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel
of record by United States first-class mail, postage prepaid, addressed as follows, on the date set
forth below:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
Dated: ~ 1 2~ ~ I Z gan L. Younkins
~~
T~-IOMAS^ TROMAS & HAFERLL~
Attorneys At La«
July 17, 2012
Douglas G. Miller. Esquire
Irwin R Nlchnight
60 West Pomfret Street
Carlisle, PA 1701
Street Address:
30~ North Front Street. Harrisburg, YA 17101
Mailing Address:
P.O. Boa 999. Hanisbur~, PA 17108
Phone: '717.2~7.71U0 Fax: 71??37.710~
Anthom T Lucido
('17)'5 i-7?34
alctciclo~cutthlatir.con~
tVlegan L. I'oaniki~7s, Paralegal
(717) _'.i7-7156
»wotml~i~zs~ct~tthlm~~. com
RE: Jane ~berts v. Michael F. Ronca & Sons, Inc. (221-71489)
Dear Doug:
Enclosed please find Defendant Michael F. Ronca & Sons, Inc.'s Interrogatories (Set II) and
Request for Production of Documents (Set II) to Plaintiff. We look forward to youur timely response.
Very trul y yours,
'T'homas, 'T'homas & Iiaf'er, LLP
Megan 'ounki aralegal
to Anth ~ T. Luc
/ml y: ~ 63222.27
Enclosures
Harrisburg Bethlehem Pittsburgh Philadelphia Wilkes-Barre Baltimore, MU Clinton, NJ
www.tthlaw.com
.. ,
~•
Anthony T. Lucido, Esguire
Attorney LD. No. 76.583
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, Pennsylvania 17108-0999
(7I7) 255-7'34
Attorneys for Defendant
JANE S. EBERTS a/k/a S. JANE
EBERTS,
Plaintiff
vs.
MICHAEL F. RONCA & SONS, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
INTERROGATORIES OF DEFENDANT MICHAEL F. RONCA & SONS, INC.
DIRECTED TO PLAI]VTIFF (SET III)
TO: Jane S. Eberts, Plaintiff
c/o Douglas G. Miller, Esquire
60 W. Pomfret Street
Carlisle, PA 17013
Pursuant to Pa.R.C.P. 4005, Defendant, Michael F. Ronca & Sons, Inc. serves the within
interrogatories upon Plaintiff and makes demand upon Plaintiff to answer the same under oath,
within thirty (30) days. The answers to these interrogatories shall be inserted in the spaces provided
following the interrogatories. If there is insufficient space to answer an interrogatory; the remainder
of the answer shall follow on a supplemental sheet.
These interrogatories are deemed to be continuing in nature, in accordance with the
provisions of the Pennsylvania Rules of Civil Procedure, as amended. If between the time of
forwarding your original answers to these interrogatories and the time of trial in this matter, you or
anyone acting on your behalf learns the identity and location of additional persons having
knowledge of discoverable facts and the identity of a person or persons expected to be called as an
expert witness; a witness at trial not disclosed in your answers, or responses to the interrogatories;
,.
pursuant to Pa.R.C.P. 4007.4, you are required to supplement your response through supplemental
answers to the interrogatories.
DEFINITIONS
"Document" means any written, printed, typed, or other graphic matter of any kind or
nature, however produced or reproduced, including photographs, microfilms, phonographs, video
and audio tapes, punch cards, 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 natural 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.}, title, and date;
(b) its subject matter;
(c) its author's identity;
(d) its addressee's identity;
(e) its present location; and
(f) its custodian's identity;
(3) An oral communication:
(a) its date;
(b) the place where it occurred;
(c) its substance;
(d) the identity of the person who made the communcation;
(e) the identity of each person to whom such communication was made; and
(f) the identity of each person who was present when such communication was
made;
(4) A corporate entity:
(a) its full corporate name;
(b) its date and place of incorporation, if known; and
(c) its present address and telephone number;
(~) Any other context: a description with sufficient particularity that the thing may
thereafter be specified and recognized, including relevant dates and places, and the
identification of relevant people, entities, and documents.
1114097.1
"Incident" means the occurrence that forms the basis of a cause of action or claim
for relief set forth in the complaint or similar pleading.
"Person" means a natural person, partnership, association, corporation; or
government agency.
STANDARD Il~TSTRUCTIONS
(1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and
served upon the undersigned within 30 days of their service on you. Objections must be signed by
the attorney malting them. In your answers, you must furnish such information as is available to
you, your employees, representatives, agents, and attorneys. Your answers must be supplemented
and amended as required by the Perulsylvania Rules of Civil Procedure.
(2) Claim of privilege. -- With respect to any claim of privilege or immunit~~ from
discovery, you must identify the privilege or immunity asserted and provide sufficient information
to substantiate the claim.
(3) Option to produce documents. -- In lieu of identifying documents in response to
these interrogatories, you may provide copies of such documents with appropriate references to the
corresponding interrogatories.
1114097.1
,.
Interrogatories
1. Did Plaintiff Jane Eberts pay for the work performed by Bonded Applicators, h1c., described
on the invoice dated 12/21/10 (attached as Exhibit A)? If so, please provide copies of the cancelled
check or other documentation of payment.
ANSWER:
2. Does Plaintiff Jane Eberts own the property located at 16 Annendale Drive, Carlisle, PA?
,ANSWER:
3. Explain why Mr. Steven Rock is listed as "Owner" on the Proposal, attached as Exhibit
B.
ANSWER:
4. Why did Mr. Steven Rock enter into a contract agreeing to pay for roofing for work
performed at the Eberts property?
ANSWER:
i i 14097.1
~. Has any of the work contained in Mr. Steven Rock's original estimate (attached as
Exhibit C) been completed? If so, please describe:
a. When the work was completed;
b. Who completed the work;
c. Documentation supporting the repairs; and,
d. Documentation of payment, including, but not limited to cancelled checks and
invoices.
ANSWER:
6. How old was the roof on Plaintiff's home prior to the replacement done by Bonded
Applicators, Inc. in ?010?
ANSWER:
7 . Please describe any and all repairs performed on the Plaintiff s roof prior to ?010.
ANSWER:
8. Please explain why it was necessary for Mr. Rock to act as a project manager andlor
consultant during roofing work performed by Bonded Applicators, Inc.
ANSWER:
1114097.1
THOMAS, THOMAS & HAFER, LLP
L~~ o
Date: 1 ~ 11 ~ ~ Z
Anthony T. Lucido, Esquire
Attorney No. 7683
P.O. Box 999
Harrisburg, PA 17108-0999
Attorney for Defendant
1114097.1
~ ~
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served by
depositing the same ul the United States Mail, postage prepaid, as follows:
Douglas G. Miller, Esquire
IRWII~T & MCKNIGHT
60 W. Pomfret Street
Carlisle, PA 17013
Date: ~~ ~ 7 ~ ~ Z--
THOMAS, THOMAS & HAFER, LLP
By:
Me L. o tins, Paralegal
to Anthony ucido
1114077. i
Bonded Applicators, Inc.
68 East Main Street
Waynesboro, PA 17268
Voice: 717-762-1155
Fax: 717-762-1157
Mr. Steven Rock
8437 Stottlemyer Road
Waynesboro, PA 17268
iNVQECE
Invoice Number: 2010-395/396
Invoice Date: 12/21/10
Page: 1
Duplicate
Customer ID: ROCS01
J (~ ~C
RE: Jane EbertSProperty
Work performed as per contract -
Less down payment -Check 11.38
Check/Credit Memo No:
d f[ f4,{!' {c' A L.1 }; ..~ y 1} i ~f ,' t ~1`f ,} +'+'~tt tiL•l'i~lC~~£'v ~'~ I 11'~^~j( ~J~,..I ~; t; S .. ~ _.
',.:;_,~~ftlfl'~ f~aym~n#~'seCI11s, ~ '~.~_ ~~~ _~+~'n,~ ~~,~~~' ~z, ~~eit~l~~ ~~f` ; ~j, _ ~ ~Due'~Da~eJ -
.~•.n ...SJW3L"a....ysmfad'w ~ :.1...`~' ~~_~~:. r:~__.-,.~._ _ _s_~. ._ •~.~~,:.~~: _ ..~I
Net Due HICKOK-SL ~ 12/21/10 '
~p'iriait t~~~-~~;;~ a ~~.~}~,~, i~~~t1 r~'~~~~~'~ ~~zy`~~YY ~. . d'
*~yy x' ~ sp Eti.l 1n pit q 3 1 tY ~l ~•i} (' kJ '~ ~.
dF
'
t~!'b`SJ
L `~'
~::
ti
uLclli
7
Y
i
i
J
k ~ a - 1
/`im~lU~C
J.
~
~.
r
.:.
_t~
._
<
-__-s.. __.
I
_.
.:
_..1
-...-..u._
~.-,.._
._:!~'~i.__.~<<~..-. _._
._
_... _ _.. _.
~ 26,000.00
~~
I, -2,600.00
Subtotal
Sales Tax
~ Total Invoice Amount
PaymentiCredit Applied
1-1 /2% Interest After Thirty Days
23,400.00
23,400.D0 '
•
•
"~Zoofing Specialists"
68 East Main.Street
Waynesboro, PA 17268
(717) 762-1155
THIS AGREEMENT, made BETWEEN Bonded Applicators, Inc., a Penrsylvania corporation, having offices at 68
East Main Street, Waynesboro Pennsylvania, hereinafter called ("Contractor")
and Mr. Steven Rock
8437 Stottlemyer Road; ~tNaynesboi•o, Pa 17268
hereinafter called ("Owner"). For ~n~ork to be perf(o~rmed at the following location:
o~ O'-'}~
Jane EbertSProperty -Walnut Bottom Road .(Speeificatioris Attached)
NOVV THEREFORE, WITNESS, for and in consideration of the payments, covenants and agreements
hereinafter contained, the parties hereto, intending to be legally bound hereby, covenant and agree, as follows:
1. The Contractor agrees to supply the labor and materials reasonable and necessary to perform the work
under this contract, the scope and details of which are attached:
I'he O~nrner agrees to pay to the Contractor for the performance of the work under;this contract, subject
co additions and deletions by Change~Orders, the sum of: Twent~Six Thousand Dollars ($26,000.00)
*~'Plus $5.45 to replace any decking over the 100 sq. feet allowed in quote per item #4.
payment to be made as follows: 10% Down Payment, Balance Due Within Thirty Days of Completion.
2. The parties thereto agree to be bound by the Terms and Conditions hereinafter set forth on the reverse
side hereof and are a binding part of this contract. By signing below, both parties agree to be hereby
bound by the Terms and .undiiidns on the reverse. -
BONDED APPLICATORS, INC.
SATE: November 24, 2010 SIGNED:
contractor ID# - PA 01103 Stewart L. Hickok
ACCEPTANCE OF THIS PROPOSAL
SATE: SIGNED:
White-Customer Yellow-Job File Pirtl:-Return to Bonded Applicator
/,'
.
1~ Mr. Steven Rock
~~ 8437 Stottlemyer Road
~'~ Waynesboro, PA l 7268
,~;
,;
Page 2
~- ~ s
RE:.lane Ebert7Propert~~ -Walnut Bottom Road
Specifications and our estimate for the following work to be performed on Sane Ebert Property,
Walnut Bottom Road:
New Roo
1. Furnish insurance certificates upon request.
2. Remove all existing shingles, underlying felts, and edgings from shingled roof area.
3. Remove all EPDM roofing on the low sloped roof area.
4. Repair up to 100 square feet of deteriorated decking. Any-decking repaired or replaced over
the 100 square feet would,be done At ~'S.45 Per Sguare_Foot. *'`
5. Install ice and water shield continuously over the eave areas, through all valie_ys, and around
all roof penetrations.
6. Install 30 ]b. felt mechanically fastened with 1" cap nails to the remaining roof dc;ck of the
sloped roof.
7. Install 1 "wood nailer to the entire perimeter of the low sloped roof.
8. Install I"poly isocyanurate insulation mechanically fastened with plates and fasteners to the
low sloped roof.
9. Install reinforced fastening strip at the base of the angle changes and tie-in of the low sloped
roof to prevent bridging of new EPDM.
10. Install a Totally Adhered .060 EPDM roof system to the low sloped roof area.
l 1. Flash the valley areas.
12. Install .032 aluminum edgings and flash using 40x'20 flashing tape.
13. Install l .5" wide-faced double bend edging at all eave and rake areas of the sloped roof area.
14. Install .032 aluminum to all valley areas.
15. Install .032 aluminum step and counter flashing at chimney area.
16. Install proper flashing for all. vent- pipe flashings.
l 7. Instal] new thirty-year dimensional shingles as per manufacturer's specifications. Color as
selected by you .from manufacturer's standard color line.
18. Install .continuous-run ridge vent to all ridge areas.
19. Install manufacturers suggested cap shingles to all ridge areas.
20. Clean up and .remove any ana ~aii-exterior ders is "caused b-y tl3e-above cutl%red work.
Our price for completing the above as described -----------~15,056.(IO
**Plus time and material work per item #4.
Following find specification to build the rafters on the garage that are bowed:
1. Access the roof area and remove all plywood.
2. Install new 2 x 6 collar ties over all existing rafters.
3. Install sister rafters, 2 x 8 material, nailed directly to the sides of existing rafters.
4. Install new ''/z" sheathing to match existing over the entire garage roof area.
5. Fabricate and install two 2' knee-walls in interior attic space of garage area.
6. Install dry-in as indicated in roof quote.
7. Clean up and remove any and all exterior debris caused by the above outlined work.
_ Qur price for_compl~ting.the above: as_described_ _ _-------$II,244.00
Estimate
Date: 3/17/06
Prepared far:
S. Jane Eberts
16 Annendale Dr.
Carlisle, Pa. 17013
Ph 717-241-6458
Frain:
Steven Rock
Rocks Construction & Engineering Consulting
8437 Stottlemyer Rd.
Waynesboro, Pa. 17268
Ph: 717-?65-4384
Note: A copy of my liability insurance certificate will be mailed directly to the
customer address from the insurance carrier.
Pg I
Project Summary; Repair, replace, restore as necessary interior and exterior
damage. Assessment of the following interior and exterior home areas;
- First floor; kitchen, dining area, fireplace room, family room, bedroom 1,
bedroom 2, living room, hallway, full bath, closets
- Basement; office area, 1/Z bath, pool table room, furnace room
- Exterior home brick masonr3~ surfaces
Note: Assessment has not been made on underground utilities or services.
• Drywall cracks and fractures through home on wall and ceiling areas.
Damage found at door and window headers, vaulted and flat ceiling, kitchen
cabinet areas, closet areas, and various load bearing and structural stress
points.
• Lateral movement of rear patio door and stress cracking of the floor area
inside the door
• Kitchen cabinet separation from ceiling and vertical wall areas surrounding
the upper and lower cabinets.
• '/z bath commode separation at seal -possible porcelain fracture. Water
damage to raised platform, lower wall areas. Mold and mildew abatement
required and possible bacteria and pathogen contamination.
• Paint flaking at ceiling level masonry surfaces (basement)
• Hairline fractures (primarily in mortar joints} on basement level front
masonry wall
• Exterior brick masonry walls have hairline fractures (primarily in mortar
joints} and random brick face spalling contained nearly 100% to the edges of
the bricks.
l
Pg
Note: Currently tl:e hairline fractures in the brick have not progressed or advanced
to a critical or passive point. However Ellis condition will continue to deteriorate
with time. As water or moisture migrates or penetrates into these areas hydraulic
pressure from freezing and thawing will expedite or advance t1:e condition at an
accelerated rate. The House exterior was not constructed with a vapor or moisture
barrier inside the external vertical masonry walls. Following the migration or
"wicking" of moisture through the masonry exterior mold and mildew growth will
develop.
• Shingle nails on the roof have reversed or extracted pushing or raising the
shingles. The same condition appears to exist with the sub roofing fasteners.
Recommend that the shingles, tarpaper and ice shielding be removed to
assess the sub roof condition and repair as needed.
• Replacement of doorbell chime unit inside home.
• Seal, patch, resurface and blend brick masonry home exterior
Materials required but not Iimited to:
Drywall, spackling, drywall fasteners, caulking, surfacing abrasives, primer, paint,
adhesives, matching ceramic tile, trim/molding as required, wax seal -possibly 1
commode, 30 yeai-+- shingles, tar paper, ice shield, sub roof fasteners, shingle
fasteners,'/" plywood, 5/8 sub roof plywood, 2 x 4s, linoleum flooring,
dehumidification, mold, mildew and bacteria abatement, paneling, etc.,
masonry seal products, bonding agents, resurfacing and reconditioning material,
mortar, sand, cleanup materials and equipment, rental equipment and fuel charges.
Notes:
• 'Phis estimate does not include the loss, damage or replacement of personnel
effects, home furnishings, etc.
• All sub contractors and praject management is included
• All waste removal and post project clean-up is included
• Furniture removal or temporary relocation due to construction will be
coordinated with the customer
• Any necessary equipment rental is included
• Work will continue on a day to day basis through completion unless prior
notification is given to the customer
• All efforts will be made to minimize any inconvenience to the customer
• Materials will be moved to the project site on a progressive basis as required
• Any addition to or deletion from the original scope of work and associated
costs will first be mutually agreed~upon by the customer and contractor.
• Water and electrical utilities used during the project will be reimbursed to
the customer at current established rates payable to the customer.
• The customer should expect 4 - 6 weeks for completion of the project
4
Pg 3
Labor : $18750.00
Material: $8437.50
Fuel charge: $350.00
Total: $27537.50
Terms: 60% of total cost to begin, balance upon completion and acceptance.
Quote valid for 30 days from origination date
Should you have any questions please feel free to contact me at any time.
Thank you for the opportunity!
Sincerely
Steven Rock
~ '
Anthony- T. Lucido, Esquire
Attor-ne~~ LP. No. 76.583
THOMAS, THOMAS c~ HAFER, LLP
305 North Front Street
P.O. Boa- 999
Harrisburg, Pennsylvania 17108-0999
(717 25i-7234
Attorneys for Defendant
JANE S. EBERTS a/k/a S. JANE
EBERTS,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. ?007-3163 CIVIL TERM
MICHAEL F. RONCA & SONS, INC.,
Defendants
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS
OF DEFENDANT MICHAEL F. RONCA & SONS, INC
DIRECTED TO PLAINTIFF (SET II)
TO: Sane S. Eberts, Plaintiff
c/ca Douglas G. Miller, Esquire
60 W. Pomfret Street
Carlisle, PA 17013
Defendant hereby requests that you furnish pursuant to Rule 4009 of the Pennsylvania
Rules of Civil Procedure, at our expense, or permit the Defendant or someone acting on its behalf
to inspect, examine, and copy the following items concerning this action which are in the
possession, custody, or control of the Plaintiffs, counsel for Plaintiffs, or any other person or entity
acting on behalf of Plaintiffs, including any insurer(s) for Plaintiff(s). Said items shall be produced
or made available for inspection at the office of Defendant's attorneys located at 305 North Front
Street, Harrisburg, Pennsylvania within thirty (30) days after service of this Request, on a date and
time to be arranged between counsel:
r
DOCUMENTS REQUESTED
1. Any and all photographs documenting damage to Plaintiff's roof that was repaired by
Bonded Applicators in 2010.
2. Any and all photographs taken in 2005-2006 showing damage to Plaintiffs roof allegedly
caused by blasting.
3. Any and all estimates provided to Plaintiff by construction professionals, at any time,
relating to damages and repairs to Plaintiff s roof.
4. Copies of the purchase and sale agreement for Plaintiff s home.
5. Copies of any appraisals of the fair market value of Plaintiff s home.
6. Any contracts, agreements or other documents between Plaintiff and Steven Rock relating
to Plaintiff s obligation to pay for the roofing work performed by Bonded Applicators in 2010.
7. Any contracts, agreements or other documents between Plaintiff and Bonded Applicators,
Inc. relating to the roofing work performed in 2010.
This request should be deemed continuing and any response should be supplemented upon
receipt of additional information.
THOMAS, THOMAS & HAFER, LLP
~~
Anthony T. Lucido, Esquire
Attorney No. 76583
P.O. Box 999
Harrisburg, PA 17108-0999
Date: 7 ~\~1 ~ ~ z Attorney for Defendant
1 i ~ 6632.
. ,
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served by
depositing the same in the United States Mail, postage prepaid, as follows:
Douglas G. Miller, Esquire
IRWIN & MCKNIGHT
60 W. Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
By: ~
Meg Yo i s, Paralegal
Date: ~ I I l ` 1 ~- to An ony T. ido
1 ~ '{ 6632.1
r ~
~ THOMAS^ THOMAS & HAFERLt,~~
T
Attorneys At Law'
August 27, 2012
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Street Address:
3U5 North Front Street, Harrisburg, PA 17101
Mailing Address:
P.O. Box 999. Harrisburg, PA 17]08
Phone: 717? X7.7 ] 00 Fax: 717.237.71 OS
Anthony- T. Lucido
(717)255-7234
alucido@tthla~~.com
Megan L. l'ounlcins, Paralegal
(717) 237-71 S6
myounl~zns@tthla~~~. com
RE: Jane Eberts v. Michael F. Ronca & Sons, Inc. (221-71489)
Dear Doug:
Plaintiff was served with discovery (second set) on July 17, 2012. No response has been
received to date. Please forward your client's discovery responses or kindly advise when we can
anticipate receipt of the same.
Should you have any questions, please feel free to contact me at the number listed above.
Very truly yours,
Thomas, Thomas & Hafer, LLP
Meg Yo ins, Paralegal
to Ant ony T. cido
/m1y:563222.28
Enclosures
Harris-burg Bethlehem Pittsburgh Philadelphia- Wilkes-Barre Baitn`16ts, TYSG G~i~;t~r; ha
www.tthlaw.com
~ '
~~~ THOMAS THOMAS & HAFERLLP
r Attorneys Ar LaH~
Street Address:
305 North Front Street, Harrisburg, PA 17101
Mailing Address:
P.O. Box 999, Ilatrisbm'g, PA 17108
Phone: 717.337.7100 Fax: 717337.7105
Anthony T Lucido
(717)25.5-7234
alucidoGttklain~.com
Megan L. I'ounl~ins, Paralegal
(717 237-7156
mpounl~zns~a~ttlala~~. cony
September 26, 2012
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
RE: Jane Eberts v. Michael F. Ronca & Sons, Inc. (221-71489)
Dear Doug:
Plaintiff was served with discovery (second set) on July 17, 2012. No response has been
received to date. Please forward your client's discovery responses or kindly advise when we can
anticipate receipt of the same.
Should you have any questions, please feel free to contact me at the number listed above.
Very truly yours,
Thomas, Thomas & Ha er, LLP
Mega L. ou s, Paralegal
to An o y T. L c do
/m1y:563222.29
Enclosures
Narrisburg Bethlehem Pittsburgh Philadelphia Wilkes-Barre Baltimore, MD Clinton, t~J
www.tt h I aw. com
.. •
']~ THOMAS, THOMAS & HAFERLt.P
Attornegs At Lati~
Street Address:
3U> Nortb Front Street. Harrisburg, PA (7101
Mailing Address:
P.O. Boa 999. Habsburg, PA 17108
Phone: 717.237.7100 Fax: 7]7.237.7105
tlnthonl~ T Lucido
(?17)2 i- 7Z 34
al ucicloGttlzlat~~. com
October 29.2012
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Megan L. Pounl~ins, Pm~alegal
(717j 337-7156
nzvounlcins~ tthlata. coat
RE: Jane Eberts v. Michael F. Ronca & Sons, Inc. (221-71489)
Dear Doug:
Plaintiff was served with discovery (second set) on July 17, 2012. We forwarded letters to your
office on August 27, 2012 and September 26, 2012, inquiring about Plaintiff's overdue discovery
responses. In response to the letter dated Septe>ber 26, you contacted Attorney Lucido requesting that
an extension fol- the responses be provided until September 28. No response has been received to date.
Please be advised that should we not receive your client's responses within the very near future, we
will move forward in filing a Motion to Compel.
Should you have any questions, please feel free to contact me at the number listed above.
Very truly yours,
Thomas, Thomas & er, LLP
f.
9
Megan ounl 'n ,Paralegal
to Anth T. L ci o
hnly:563222.30
Harrisburg Bethlehem Pittsburgh Philadelphia Wilkes-Barre Baltimore, MD Clinton; NJ
www.tthlaw.com
THOMAS, THOMAS & HAFER, LLP
Corey J. Adamson, Esquire
I.D. No. 204508
305 North Front Street
P. 0. Box 999
Harrisburg, PA 17108
(717) 255-7639
cadamson@tthlaw.com
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
V.
MICHAEL F. RONCA & SONS, INC.,
Defendant
THE i'iOTHONii
i ti SEP 12 PH 12: t; 0
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney for Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE JUDGES OF SAID COURT:
Corey J. Adamson, as counsel for Defendant in the above action, respectfully represents that:
I. The above -captioned action is at issue.
2. The claim of the Plaintiff in the action is $27,537.50.
The following attorneys are interest in the case as counsel or are otherwise disqualified to sit -s
arbitrators: Douglas G. Miller, Esquire (and the attorneys in his firm, Irwin & McKnight) and
Corey J. Adamson, Esquire (and the attorneys in his firm, Thomas, Thomas & Hafer).
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be assigned.
Date:
1571919.1
Respectfully submitted,
THO S, T OMS& E1iLP
. Ada—inson, Esquire
204508
Attorneys fo
endants
-08.5o po Art -Y
/10555 el
OL13
CERTIFICATE OF SERVICE
AND NOW, this 11TH day of September 2014, I, Corey J. Adamson, of the firm of Thomas,
Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by
placing a copy of the same in the United States Mail, postage prepaid, to the following:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
THOMAS, THOMAS & HAFER, LLP
1571919.1
• `10
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff
v.
• MICHAEL F. RONCA & SONS, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
ORDER
AND NOW, this
foregoing petition,
for.
BY THE COURT:
P.J.
day of
, 2014, in consideration of the
Esq., (1:q'4a, Esq., and
,Esq., are appointed arbitrators in the above -captioned action as prayed
6r, 664441s:oil ..s--
bat.toritl 6- notec,
ma./el
iede-
1571919.1
Hugh P. O'Neill, HI, Esquire
Attorney I.D. No. 69986
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
(717) 255-7629
honeill@tthlaw.com
THE `'t,OiHO
2515JAN 15 Phila: 23
CUMBERLAND COUNTY
PENNSYLVANIA
Attorneys for Defendant,
Michael F. Ronca & Sons, Inc.
JANE S. EBERTS a/k/a S. JANE EBERTS,
Plaintiff,
v.
MICHAEL F. RONCA & SONS, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION — LAW
NO. 2007-3163 CIVIL TERM
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO: CUMBERLAND COUNTY PROTHONOTARY:
Please enter the appearance of Hugh P. O'Neill, III, Esquire, of the law firm of Thomas,
Thomas & Hafer, LLP, as counsel for Defendant, Michael F. Ronca & Sons, Inc., in the above -
captioned matter.
Dated: January 12, 2015 By:
Respectfully submitted,
THOMAS, THOMAS & ER, LLP
Hu;i �' . O'Nei11 II, Esquire
Attorney I.D. No. 69986
Attorneys for Defendants
CERTIFICATE OF SERVICE
I, Janet T. McGarvey, an employee for the law firm Thomas, Thomas & Hafer, LLP,
hereby state that a true and correct copy of the attached document(s) was served upon all counsel
of record by first class United States Mail, postage prepaid, addressed as follows, on the date set
forth below:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Counsel for Plaintiff
THOMAS, THOMAS & HAFER, LLP
Dated: January 12, 2015