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HomeMy WebLinkAbout12-0125SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor hTHIDNO TAR*,' H EEB - l Phi 1 50 CUMBERLAND COUNT PENN, SYLVANIA Pennsylvania American Water Company vs. Everhart & Hoover Power Line Construction, Inc. (et al.) Case Number 2012-125 SHERIFF'S RETURN OF SERVICE 01113/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Everhart & Hoover Power Line Construction, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Fulton County, Pennsylvania to serve the within Complaint and Notice according to law. 01/20/2012 02:35 PM - Fulton County Return: And now January 20, 2012 at 1435 hours I, Keith Stains, Sheriff of Fulton County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Everhart & Hoover Power Line Construction, Inc. by making known unto Edie Everhart, Secretary for Everhart & Hoover Power Line Construction, Inc. at 475 N. Clear Ridge Road, Hustonstown, Pennsylvania 17229 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/26/2012 02:02 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1402 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Pennsylvania Peres, Inc., by making known unto Sharon Pellmen, Owner of Pennsylvania Peres, Inc. at 6375 Basehore Road, Suite 8, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $78.45 January 27, 2012 RONALD HOOVER, DEPUTY/" SO ANSWERS, RON R ANDERSON, SHERIFF !Ci CCun:ysulte sheriff releoscft, 0-c. FULTON COUNTY SHERIFF'S OFFICE TEL (717) 485-4221 207 NORTH SECOND STREET, McCONNELLSBURG, PA 17233 SHERIFF OF FULTON COUNTY SHERIFF SERVICE PROCESS RECEIPT AND AFFIDAVIT OF RETURN 1. PLAINTIFF/S 2. COURT NUMBER CUMBERLAND COUNTY Pennsylvania American Water Company 2012-125 3. DEFENDANTlS 4. TYPE OF WRIT OR COMPLAINT: Everhart & Hoover Power Line Construction, Inc. Notice and C SERVE 0 AT 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD Everhart & Hoover Power Line Construction 6. ADDRESS (Street, or RFD, Apartment No., Boro., Twp., State and Zip Code) 475 N. Clear Ridge Road, Hustontown PA 17229 7. INDICATE UNUSUAL SERVICE: COMMON. OF PA " DEPUTIZE U OTHER Now, I, SHERIFF OF FULTON COUNTY, PA, do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: FILED JAN 2 3 2012 9. SIGNATURE of ATTORNEY or other ORIGINATOR 110. TELEPHONE NUA PR R,E Q$ c r vvul° I c, Cumberland Co SheriffS Office 1(t NAP`) {. (Advance came from Attorney: Bingaman, Hess, Coblentz & Bell) WILLS Rt.CORDER ar DpS 12. SEND NOTICE OF SERVICE COPY TO One Courthouse Carlisle PA 17013 area must me completed if notice is to be mailed) 13. 1 acknowledge receipt of the writ NAME of authorized FCSD Deputy of Clerk and Title 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. Crystal D. Stepanik, Secretary January 18, 2012 February 10, 2012 16. 1 hereby CERTIFY and RETURN that 10 have personally served,0 have legal evidence of service as shown in "Remarks", ® have executed as shown in "Remarks", the writ or complaint that described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handling a TRUE and ATTESTED COPY thereof. 17. [] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) 19. A person of suitable age and discretion then Edie Everhart - Secretary, and person in charge residing in the defendant's usual place of abode. 11 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, 21. Date or Service 22. Time 0 AM Boro, Twp., State and Zip Code) ® PM 389 North Clear Ridge Road, Hustontown PA 17229 January 20, 2012 EST 2:35 ® a E DST 23. ATTEMPTS Date Miles Dep. Int. Date Miles Dep. Int. ate Miles Dep. Int. Date Miles Dep.int. Date Mlles Dep. Int. 1 1-20-12 -26 LEO 7 I I Advance 25. Service Costs 26. Notary Cert. 27. Mileage 218. Postage 29. Surcharge 30. Total Costs DUE OR REFUND $ 125.00 $9.00 + 9.00 $ 5.00 $ 14.00 $ 37.00 Refund - $ 88.00 3Y. KtMAKKb On January 13, 2012 Cumberland County Sheriff Ronny R. Anderson deputized, in writing, the Sheriff of Fulton County to serve the Cumberland County Court Civil Action Complaint documents at Number 2012-125. On January 19, about 2:35 PM, Fulton County Sheriff Deputy Larry Ott served the Cumberland County Court Civil Action Complaint documents No. 2012-125 by personally handing those documents for "Everhart & Hoover Power Line Construction, Inc. " to the office secretary in charge, EDIE EVERHART, at the 389 North Clear Ridge Road, Hustontown, Fulton County, Pennsylvania business office. 34. day o 37. ?-v. to before me this 23RD. January, 2012 35. Signature of puty Sheriff Larry E. Ott oe 38. Signature of MY COMMISSION EXPIRES January 01, 2014 1 40. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. FAX (717) 485-4519 Date 41. Date Received 1/23/2012 4 t LL -OFFICE Johnson, Duffle, Stewart &Weidhiir" rTiF OTHO,NOTAu By: Jeffrey B. Rettig, Esquire 2012 FEB 13 I.D. No. 17019 PM ,IA O" for Defendant Julia A. Phillips, Esquire CUMBERLAND COUPPennsylvania PERCS, Inc. I. D. No. 307256 ?'ENt?$yt YANla 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com PENNSYLVANIA AMERICAN WATER COMPANY, Plaintiff V. EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendants NO. 12-125 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendant, Pennsylvania PERCS, Inc., in the above-captioned action. Respectfully submitted, JOVNWN, DUFFI By; & WEIDNER e rey ts. Kenig, ire I No. 19616 01 Market Stree P O Box 109 Lemoyne, PA 17043 (717) 761-4540 ibrCa?idsw.com Counsel for Defendant Pennsylvania PERCS, Inc. :481204 CERTIFICATE OF SERVICE AND NOW, this day of February, 2012, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Harry D. McMunigal, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 Counsel for Plaintiff Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Counsel for Defendant Everhart & Hoover Power Line Construction, Inc. JOHNSON, DUFFIE, STEWART & WEIDNER (! J r y ettig STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(&rnaraolisedelstein.com M 2312 FEB 27 AM it: 14, CUMSERLAa @ COUldT, PENNSYUVANIa Attorney for Defendant Everhart & Hoover Power Line Construction, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN WATER COMPANY, DOCKET NO. 12-125 Plaintiff V. CIVIL ACTION - LAW EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. AND JURY TRIAL DEMANDED PENNSYLVANIA PERCS, INC., Defendants NOTICE TO PLEAD TO: Pennsylvania American Water Company, Plaintiff c/o Harry D. McMunigal, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard Suite 100 Wyomissing, PA 19610 (Counsel for Plaintiff) YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. MARGOLIS EDELSTEIN Date: By: SR-EP;IEN U. BANKO, JR. Attorney for° Defendant, Everhart & Hoover Power Line Construction, Inc. STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(Mmaraolisedelstein.com !?12FEIR27 x!11 14 CUMBERLAND CCtG,iTy PENNSYLVANIA Attorney for Defendant Everhart & Hoover Power Line Construction, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN WATER COMPANY, DOCKET NO. 12-125 Plaintiff V. EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. AND PENNSYLVANIA PERCS, INC., CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants 1,l'l1-4 % 1. Denied. After reasonable investigation, the Defendant, Everhart & Hoover Power Line Construction, Inc. ("Everhart"), is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2. Admitted. 3. Denied. The answer contained in paragraph 1 hereof is incorporated herein by reference as if set forth in its entirely. 4. Admitted. 5. Denied. After reasonable investigation, Everhart is without information sufficient to form a belief as to the truth of the averment that PERCS was the "general contractor" for work being done at the intersection of SR 114 and Carlisle Pike in Silver Spring Township, Cumberland County, PA. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part. With regard to whether Plaintiff appropriately marked its facilities in response to the PA One Call request, after reasonable investigation, Everhart is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 9. Admitted. By way of further answer, the answer contained in paragraph 8 hereof is incorporated herein by reference as if set forth in its entirety. 10. Admitted. 11. Admitted in part and denied in part. Everhart is unable to admit the characterization that Plaintiff; "took immediate steps for alleged repair" of a damaged water main. 12. Denied as stated. With regard to the allegation that the work of Plaintiff's contractor, E.K. Services, Inc. ("EKS"), was "necessary" or that the charges submitted by EKS to Plaintiff were necessary and reasonable, after reasonable investigation Everhart is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 13. Admitted in part and denied in part. While it is admitted that the water main was repaired and that EKS apparently submitted an invoice as attached to Plaintiffs Complaint as Exhibit "B," the answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. COUNT I - NEGLIGENCE PENNSYLVANIA AMERICAN WATER COMPANY V. PENNSYLVANIA PERCS, INC. 14. The answers contained in paragraphs 1 through 13 hereof are incorporated herein by reference as if set forth in their entirety. 15-23. The averments contained in these paragraphs are directed to a party other than Everhart. Accordingly, and upon advice of counsel, no answer on the part of Everhart is required. WHEREFORE, Defendant, Everhart & Hoover Power Line Construction, Inc., demands judgment in its favor and against Plaintiff. COUNT II - NEGLIGENCE PENNSYLVANIA AMERICAN WATER COMPANY V. EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. 24. The answers contained in paragraphs 1 through 23 hereof are incorporated herein by reference as if set forth in their entirety. 25. Denied. The answer contained in paragraph 5 hereof is incorporated herein by reference as if set forth in its entirety. 26. Admitted. 27. Admitted. 28. Denied. After reasonable investigation, Everhart is without knowledge or information sufficient to form a belief as to the truth of the averment that Plaintiffs representatives met with representatives of PERCS. By way of further answer, the answer contained in paragraph 8 hereof is incorporated herein by reference as if set forth in its entirety. 29. Admitted in part and denied in part. Everhart is unable to admit or deny the characterizations that any damage to the water main was "extensive". By way of further answer, the answer contained in paragraph 28 hereof is incorporated herein by reference as if set forth in its entirety. 34. Admitted. 31(a)-(j). Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, the answer contained in paragraph 8 hereof is incorporated herein by reference as if set forth in its entirety. Furthermore, at all times relevant hereto, Everhart acted in a cautious, prudent and unreasonable matter under the circumstances. 32. Denied. The answer contained in paragraph 31 hereof is incorporated herein by reference as if set forth in its entirety. 33. The answers contained in paragraphs 13 and 31 hereof are incorporated herein by reference as if set forth in their entirety. WHEREFORE, Defendant, Everhart & Hoover Power Line Construction, Inc., demands judgment in its favor and against Plaintiff. NEW MATTER 34. The answers contained in paragraphs 1 through 33 hereof are incorporated herein by reference as if set forth in its entirety. 35. Plaintiff's claim, if any, is or may be barred by the applicable statute of limitations. 36. Plaintiffs claim, if any, is or may be barred by the doctrine of collateral estoppel and/or res judicata. 37. Plaintiff's claim, if any, is or may be barred or reduced by Pennsylvania statutory or regulatory law regarding excavation of utilities. 38. Plaintiff's claim is barred and/or reduced by the Pennsylvania Comparative Negligence Act. 39. Plaintiff's claim, if any, may have been caused by the conduct of parties, individuals, or entities not parties to this action. IS EDELSTEIN Date: U 2 By: STVO fN 0 BANKO, JR. Attorn for Defendant, Everhart & Hoover Power Line Construction, Inc. VERIFICATION I, Steven R. Everhart, President of Everhart and Hoover Power Line Construction, Inc., have read the foregoing Answer and New Matter to Plaintiff's Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: of " 13 -1.2- Steven R. Everhart, President Everhart and Hoover Power Line Construction, Inc. I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the nn day of j°t Lat(<<1'' , 2012, and addressed as follows: Harry D. McMunigal, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard Suite 100 Wyomissing, PA 19610 (Counsel for Plaintiff) Jeffrey B. Rettig, Esquire Law Offices of Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-01069 (Counsel for Pennsylvania Peres, Inc.) MARGOLIS EDELSTEIN Date: By:?rl t V,( Angela Q. Gagman, Se¢r tary BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. MCMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 BY: MAHLON J. BOYER, ESQUIRE IDENTIFICATION NO. 91094 s_ ?" is ' ? ?" i V t; h,E F,0?t10N0TAR . rATTOR7N1" FOA PLAINTIFF SERLA'ND COUNT PEN'llSYLVANIA TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 (610) 374-8377/(610) 376-3105 FAX hdmcmunigal; miboyer(a bhcb.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA AMERICAN WATER COMPANY, CIVIL ACTION - LAW Plaintiff vs. NO. 12-125 EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC. Defendants PLAINTIFFS, PENNSYLVANIA AMERICAN WATER COMPANY'S ANSWER TO DEFENDANT, EVERHART & HOOVER POWER LINE CONSTRUCTION, INC.'S NEW MATTER 34-39. Denied. The allegations contained in paragraphs 34-39 constitute conclusions of law to which. no response is required. WHEREFORE, Plaintiff demands judgment in its favor in accordance with the terms of the agreement at issue herein. BINGAMAN, HESS, COBLENTZ & BELL, P.C. i By: , Harry /6. unigal, Esquire Attorney °r Plaintiff 354182 VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire investigative file made on behalf of said parties, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Harry 16. c unigal, Esquire 354182 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. MCMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 ATTORNEYS FOR PLAINTIFF BY: MAHLON J. BOYER, ESQUIRE IDENTIFICATION NO. 91094 TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 (610) 374-8377/(610) 376-3105 FAX hdmcmunijal; miboyer(& bhcb.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA AMERICAN WATER COMPANY, CIVIL ACTION - LAW Plaintiff : VS. NO. 12-125 EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC. Defendants CERTIFICATE OF SERVICE I, Harry D. McMunigal, Esquire, hereby certify that a true and correct copy of the foregoing Plaintiffs, Pennsylvania American Water Company's Answer to Defendant, Everhart & Hoover Power Line Construction, Inc.'s New Matter was mailed by United States first class mail, postage prepaid upon the following party(ies): Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Jeffrey B. Rettig, Esquire Johnson, Duf'fie, Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 DATE: Harry 13. McMunigal, Esquire 354182 Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire (I.D. No. 19616) By: Julia A. Phillips, Esquire (I.D. No. 307256) 301 Market Street, P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com jap@jdsw.com PENNSYLVANIA AMERICAN WATER COMPANY, Plaintiff iT -1 1 H,T,' R is Attorney 4b64Ad?t', ` Pennsy v r 6TOUNTY "I;Iy')SYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-125 V. EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC., Defendant NOTICE TO PLEAD TO: Plaintiff, Pennsylvania American Water Company c/o Harry D. McMunigal, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 CIVIL ACTION - LAW TO: Co-Defendant, Everhart & Hoover Power Line Construction, Inc. c/o Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 AND NOW, this J;,4ay of March, 2012, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIIE, STEW.ART & WEIDNER n 4 ? - Date: March ?, 2012 QB. Retti . No. 19616) Jr arket Strdet? Lemoyne, Pennsylvania 17043 (717) 761-4540 ibr -idsw.com Attorney for Defendant 479881 Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire (I.D. No. 19616) By: Julia A. Phillips, Esquire (I.D. No. 307256) 301 Market Street, P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com jap@jdsw.com PENNSYLVANIA AMERICAN WATER COMPANY, Plaintiff V. NO. 12-125 CIVIL ACTION - LAW EVERHART & HOOVER POWER LINE JURY TRIAL DEMANDED CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC., Defendant ANSWER, NEW MATTER AND NEW MATTER/CROSSCLAIM PURSUANT TO PA. R.C.P. 1031.1 OF DEFENDANT, PENNSYLVANIA PERCS, INC., TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Pennsylvania Peres, Inc., by and through its counsel, Johnson, Duffie, Stewart & Weidner, P.C., and files the following Answer, New Matter and New Matter/Crossclaim pursuant to Pa. R.C.P. 1031.1 to the Plaintiff's Complaint and avers as follows: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Denied. Pennsylvania Peres, Inc. is a domestic corporation with its registered office at 6375 Basehore Road, #8, Mechanicsburg, Cumberland County, Pennsylvania 17050. Attorneys for Defendant, Pennsylvania Peres, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 479881 4. Admitted. 5. Denied. Upon information and belief, Kinsley Construction was the general contractor for the work performed at the subject intersection. 6. Admitted. 7. Admitted in part; denied in part. It is admitted that the Defendant, Pennsylvania Peres, Inc., made a PA One Call request for the marking of utilities at the subject intersection on June 27, 2011. The Defendant is without sufficient information as to the truth or falsity of the remaining averments in Paragraph 7. Therefore, said averments are denied generally and strict proof thereof is demanded. 8. Admitted in part, denied in part. It is admitted that PAWC responded to the PA One Call requests on June 28, 2011 and that it marked the location of its facilities. The Defendant is without sufficient information as to the truth or falsity of the remaining averments in Paragraph 8. Therefore, said averments are denied generally and strict proof thereof is demanded. By way of further answer, the PA One Call request and documents attached to Plaintiff's Complaint as Exhibit "A" are documents which speak for themselves. 9. Admitted in part, denied in part. It is admitted that on July 6, 2011, Everhart, in its capacity as subcontractor for Peres, was drilling with a three-foot (3') auger for installation of a traffic signal base at the Intersection. It is admitted that Everhart hit and damaged a water main owned by PAWC ("Main") at that time. Answering Defendant is without sufficient information as to the truth or falsity of the remaining averments in Paragraph 9; therefore, they are denied generally and strict proof is demanded. 10. Admitted. 11. Upon information and belief, admitted. 12. Answering Defendant is without sufficient information as to the truth or falsity of the averments in Paragraph 12, therefore, said averments are denied and strict proof thereof is demanded. 2 13. Answering Defendant is without sufficient information as to the truth or falsity of the averments in Paragraph 13, therefore, said averments are denied generally. Strict proof thereof is demanded. By way of further answer, the copy of the invoice attached to Plaintiff's Complaint as Exhibit "B" is a document that speaks for itself. Count I - Negligence Pennsylvania American Water Company v. Pennsylvania Peres, Inc. 14. In response to Paragraph 14, Answering Defendant repeats and reiterates all of its responses to Paragraphs 1 through 13 as if fully set forth at length herein. 15. Denied. Upon information and belief, Kinsley Construction was the general contractor for the work performed at the subject intersection. 16. Admitted. 17. Admitted. 18. Admitted in part, denied in part. It is admitted that PAWC provided markings at the Intersection concerning its water facilities located there. The Defendant is without sufficient information as to the truth or falsity of the remaining averments in Paragraph 18. Therefore, said averments are denied generally and strict proof thereof is demanded. 19. Admitted in part; denied in part. It is admitted that Everhart began ground excavation at the subject intersection on July 6, 2011, and that a main owned by PAWC was struck. The remainder of the averments in Paragraph 19 set forth legal conclusions to which no response is required. To the extent that a response is deemed necessary, said averments are denied generally pursuant to Pa. R.C.P. 1029(d) and (e). Strict proof thereof is demand. 20. Admitted. 21. Paragraph 21 and all of its subparts set forth legal conclusions to which no response is required. To the extent that a response is deemed necessary, said averments are denied generally pursuant to Pa. R.C.P. 1029(d) and (e). Strict proof thereof is demand. 3 22. Paragraph 22 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied generally pursuant to Pa. R.C.P. 1029(d) and (e). Strict proof thereof is demand. 23. Paragraph 23 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied generally pursuant to Pa. R.C.P. 1029(d) and (e). Strict proof thereof is demand. WHEREFORE, Defendant, Pennsylvania Peres, Inc., respectfully requests this Honorable Court enter judgment in its favor and against the Plaintiff with costs and prejudice imposed. Count II - Negligence Pennsylvania American Water Company v. Everhart & Hoover Power Line Construction, Inc. 24. In response to Paragraph 24, Answering Defendant repeats and reiterates all of its responses to Paragraphs 1 through 23 as if fully set forth at length herein. 25 - 33. Paragraphs 25 through 33 are directed to a Defendant other than Answering Defendant. Therefore, no response is required. NEW MATTER 34. If it should be found that the Plaintiff did sustain damages as a result of the alleged incident, said alleged damages were caused by Plaintiffs own negligence, carelessness, and recklessness, or that of a party other than Answering Defendant and the same may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 35. Although it is denied by the Answering Defendant that the work done by them was done in a negligent or careless fashion, if in fact any of the allegations set forth in Paragraph 21 and all of its subparts are determined to be true, those conditions existed because of careless and improper information from the Plaintiff and/or careless and improper actions of Defendant, Everhart & Hoover Power Line Construction, Inc. and/or careless and improper actions of others not a part of this lawsuit. 4 36. Plaintiff's alleged cause of action may be barred by the applicable statute of limitations. 37. Plaintiff has failed to state a proper cause of action against the Answering Defendant. NEW MATTER/CROSSCLAIM PURSUANT TO PA. R.C.P. 1031.1 38. Without admitting the truth throughout, the averments of Paragraph 1 through 33 of the Plaintiff's Complaint, and the Answering Defendant's Answer and New Matter, are incorporated herein by reference as if fully set forth at length. 39. If answering Defendant is held liable to Plaintiff, which liability is expressly denied, then Co-Defendant is liable to Answering Defendant or liable over to Answering Defendant for contribution and/or indemnification. WHEREFORE, Defendant, Pennsylvania Peres, Inc., respectfully requests this Honorable Court enter judgment in its favor and against Plaintiff with costs and prejudice imposed, and that the Co-Defendants be held liability over to Answering Defendant or liable to Answering Defendant for contribution and/or indemnification. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: J re I.yRettig, Esq? (I. 9616) UU 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorney for Defendant, Pennsylvania Peres, Inc. Date: March ? ,'2012 5 VERIFICATION I, Sharon Pellman, hereby acknowledge that I have read the foregoing Answer to Plaintiffs' Complaint with New Matter and Cross Claims; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. DATE: By: ? Sharon Pellman 2 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer, New Matter and New Matter/Crossclaim Pursuant to Pa. R.C.P. 1031.1 of Defendant, Pennsylvania Peres, Inc., to Plaintiff's Complaint has been duly served upon the following counsel of record, by depositing the same in the United States 1St Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 4A 2012: Harry D. McMunigal, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 (Counsel for Plaintiff) Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Defendant, Everhart & Hoover Power Line Construction, Inc.) JOHNSON, DUFFIE, STEWART & WEIDNER By: / - Je e ettig, Ese 479881 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbankoCabmarciolisedelstein.com i 1-10NO iAF ` 20,12 f°9,AR 28 PM IZ: 5-11 '-U11BERLAND COUNT`( PENNSYLVANIA Attorney for Defendant Everhart & Hoover Power Line Construction, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN WATER COMPANY, DOCKET NO. 12-125 Plaintiff V. CIVIL ACTION - LAW EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. AND PENNSYLVANIA PERCS, INC., JURY TRIAL DEMANDED Defendants tS s?.r x - i i4't y tk _ - ,e? , r ' ?-xhfw• ' Lmi icy i...??p???1 38. The Answers contained in paragraphs 1-39 of the Answer and New Matter of Defendant, Everhart & Hoover Power Line Construction, Inc., to Plaintiff's Complaint are incorporated herein by reference as if set forth in their entirely. 39. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. WHEREFORE, Defendant, Everhart & Hoover Power Line Construction, Inc., demands judgment in its favor and against Defendant, Pennsylvania Peres, Inc. LIS EDELSTEIN Date: 5'Z-i - I -L By: c !/ 2 1 ?gHEN L. BANKO, JR. A rney for Defendant, Everhart & Hoover Power Line Construction, Inc. I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 0 day of 2012, and addressed as follows: Harry D. McMunigal, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard Suite 100 Wyomissing, PA 19610 (Counsel for Plaintiff) Jeffrey B. Rettig, Esquire Law Offices of Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-01069 (Counsel for Pennsylvania Peres, Inc.) Date: A MARGOLIS EDELSTEIN 7 ?Oha?,-,_,, An la M. Gayman, ecretary BINGAMAN, HESS, COBLENTZ & BELL, P.C. , : t v 3 BY: HARRY D. MCMUNIGAL, ESQUIRE t N1 2: j ; TIFF IDENTIFICATION N0.38386 ATTORNEYSQJ - ear--t ? BY: MAHLON J. BOYER, ESQUIRE ;''cm`eoS YI_V,11 IDENTIFICATION NO. 91094 TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 (610) 374-8377/(610) 376-3105 FAX ,bhcb.com hdmcmunipal; miboyer(& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA AMERICAN WATER COMPANY, CIVIL ACTION - LAW Plaintiff VS. NO. 12-125 EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC. Defendants PLAINTIFFS, PENNSYLVANIA AMERICAN WATER COMPANY'S ANSWER TO DEFENDANT, PENNSYLVANIA PERCS, INC.'S NEW MATTER 34. Denied. The allegations contained in paragraph 34 constitute conclusions of law to which no response is required. To the extent that a responsive pleading is required, it is specifically denied that the damages were as a result of Plaintiff's own negligence, carelessness and/or recklessness. 35. Denied. The allegations contained ii'; paragraph 35 constitute conclusions of law to which no response is required. To the extent that a responsive pleading is required, it is specifically denied that the said conditions existed because of the careless and or improper information from the Plaintiff and/or careless and improper actions of others not a part of this suit. 36. Denied. The allegations contained in paragraph 36 constitute conclusions of law to which no response is required. 357419 37. Denied. The allegations contained in paragraph 37 constitute conclusions of law to which no response is required. WHEREFORE, Plaintiff, Pennsylvania American Water Company, demands judgment in its favor in accordance with the terms of the agreement at issue herein. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: 1 Harry D.' cMunigal, Esquire Attorney for Plaintiff 357419 VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire investigative file made on behalf of said parties, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. 4? . - 11 - Harry . c unigal, Esquire 357419 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. MCMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 ATTORNEYS FOR PLAINTIFF BY: MAHLON J. BOYER, ESQUIRE IDENTIFICATION NO. 91094 TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 (610) 374-8377/(610) 376-3105 FAX hdmcmunisal; miboyerna,bhcb.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA AMERICAN WATER COMPANY, CIVIL ACTION - LAW Plaintiff vs. NO. 12-125 EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC. Defendants CERTIFICATE OF SERVICE I, Harry D. McMunigal, Esquire, hereby certify that a true and correct copy of the foregoing Plaintiffs, Pennsylvania American Water Company's Answer to Defendant, Pennsylvania Peres, Inc.'s New Matter was mailed by United States first class mail, postage prepaid upon the following party(ies): Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 DATE: H D. Munigal, Esquire -f - 357419 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 0??/G'IVAL IN THE MATTER OF: COURT OF COMMON PLEAS PA WATER COMPANY TERM, CUMBERLAND -VS- CASE NO: 12-125 ,-, c) o rya EVERHART, ET AL -r C'a - ' C 1 -; As a prerequisite to service of a subpoena for documents and things-psuarit ...4C) to Rule 4009.22 x -0 C) ' C--°. C: r- - 4 r1 < MCS on behalf of STEPHEN L. BANKO, JR., ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. f of DATE: 04/26/2012 SW H "J . ANKO, JR., ESQ. Attor ey f DEFENDANT CBRENNEMAN@MARGOLISEDELSTEIN.COM MCS # 57953-LO1 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: PA WATER COMPANY -VS- EVERHART, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 12-125 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 E.K. SERVICES RECORDS TO: HARRY D. MCMUNIGAL, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEPHEN L. BANKO, JR., ESQ. intends to serve a subpoena identical to the one that is 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 subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/04/2012 CC: STEPHEN L. BANKO, JR., ESQ. - HARRY D. MCMUNIGAL, ESQ. BINGAMAN, HESS, ET AL TWO MERIDIAN BOULEVARD SUITE 100 WYOMISSING, PA 19610 MCS on behalf of STEPHEN L. BANKO, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 57953-COI DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PA WATER COMPANY VS. EVERHART, ET AL File No. 12-125 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for E K SERVICES (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: * * * * SEE ATTACHED RIDER * * * * at The MCS Groun Inc 1601 Market Street Suite 800 Philadelphia PA 19103 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: NAME: STEPHEN L. BANKO. JR.. ESO. ADDRESS: 3510 TRIND .F. ROAD CAMP HILL PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: q13-;j6p- APR 2 6 Z0 1Z Seal of the Court CBY O Prothonotary/ erk, Civil Division Deputy 57955/601 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: E.K. SERVICES 260 OLD YORK ROAD NEW CUMBERLAND. PA 17070 RE: MCS # 57953-L01 E.K. SERVICES 260 OLD YORK ROAD NEW CUMBERLAND, PA 17070 SEE ATTACHED Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 57953-LO1 SU10 iLED-.OFF10"" OF THE PRDTHON30'TARY 2013'APR 24- AM l!: 22. CUl~1BEBLAND COUNTY PENNSYLVANIA Johnson, Duffie, Stewart &Weidner By: Jeffrey B. Rettig, Esquire (I.D. No. 19616) By: Julia A. Phillips, Esquire (I.D. No. 307256) Attorneys for Defendant, 301 Market Street, P. O. Box 109 Pennsylvania Peres, Inc. Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr @jdsw.com jap @jdsw.com PENNSYLVANIA AMERICAN WATER IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 12-125 EVERHART & HOOVER POWER LINE CIVIL ACTION — LAW CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC., Defendant MOTION FOR STATUS CONFERENCE AND NOW, comes Defendant Pennsylvania PERCS, Inc., by and through its counsel, Johnson, Duffie, Stewart & Weidner, and moves to schedule a Status Conference and in support thereof avers as follows: 1. This action arises out of a water main break that occurred on July 6, s011 at the intersection of SR 114 and the Carlisle Pike in Silver Spring Township, Cumberland County, Pennsylvania. 2. The Plaintiff commenced this action by filing a Complaint on January 12, 2012. 3. The Defendant Everhart & Hoover Power Line Construction, Inc. filed an Answer with New Matter on or about February 27, 2012. 4. The Defendant Pennsylvania Peres, Inc. filed an Answer, New Matter and New Matter/Crossclaim on or about March 23, 2012. 5. Plaintiff's Reply to Defendant Pennsylvania Peres, Inc.'s New Matter was filed on April 13, 2012. 6. Discovery was conducted in this matter through November 2012. 7. On December 19, 2012, counsel for Defendant Pennsylvania Peres, Inc. sent correspondence to Plaintiff's counsel to indicate the intent to file a Motion for Summary Judgment unless additional discovery was necessary. 8. Counsel for Plaintiff did not respond to or in any way communicate to any party the need for time to undertake additional discovery. 9. On or about January 29, 2013 Defendant Pennsylvania Peres, Inc. filed a Motion for Summary Judgment. 10. On or about January 31, 2013 counsel for Defendant Everhart & Hoover Power Line Construction, Inc., filed their Answer to Motion for Summary Judgment with no opposition to the Motion. 11. On or about February 21, 2013 counsel for Plaintiff filed its Answer to Motion for Summary Judgment opposing the Motion on the basis that additional discovery was needed. 12. Oral Argument on the Motion for Summary Judgment was conducted on April 5, 2013 at which time the Court indicated that additional time would be given to Plaintiff to complete discovery before considering the Motion for Summary Judgment. 13. The Defendant desires a status conference in order to set discovery deadlines. 14. Counsel for all parties have been notified of the filing the instant Motion. 15. The Honorable Judge Edward E. Guido issued an Order dated April 13, 2013 denying Defendant's Motion for Summary Judgment. WHEREFORE, the Defendant Pennsylvania Peres, Inc., respectfully requests that this Honorable Court enter an Order scheduling a status conference. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: J ff y B. Rettig, Es re ( . . No. 19616) 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorney for Defendant, Pennsylvania Peres, Inc. Date: April 2013 E -y CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion for Status Conference has been duly served upon the following counsel of record, by depositing the same in the United States 1St Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 23, 2013: Harry D. McMunigal, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 (Counsel for Plaintiff) Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Defendant, Everhart & Hoover Power Line Construction, Inc.) JOHN , DUFFIE, STEWART &WEIDNER By. AX&11�. J nine Schwalm, Paralegal to Jeffrey B. Rettig, Esquire 553085 w c PENNSYLVANIA AMERICAN WATER IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA N _ V. NO. 12-125 -a= mco EVERHART & HOOVER POWER LINE CIVIL ACTION — LAV ' CONSTRUCTION, INC. and -<i ' 'v+. c PENNSYLVANIA PERCS, INC., r- ' Defendant C) ,_, _ . i7 � ORDER AND NOW, this 6-404 day of 41A , 2013, on consideration of the Defendant's Motion for Status Conference, a Status Conference is hereby scheduled for MOM. , k1tjN,4 2013 at at the Cumberland County Courthouse in Judge's Chambers. BY THE COURT: J. Distribution List: Jeffrey B. Rettig, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, PO Box 109, Lemoyne, PA 17043; 717-761-4540 (tel), Counsel for Pennsylvania PERCS, Inc.; �• Harry D. McMunigal, Esquire, Bingaman, Hess, Coblentz & Bell, PC, Treeview Corporate Center, 2 Meridian Boulevard, Suite 100, Wyomissing, PA 19610; (610) 374-8377 (tel), Counsel for Plaintiff; • Stephen L. Banko, Jr., Esquire, Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA 17011; (717) 760-7501 (tel), Counsel for Everhart&Hoover Power Line Construction, Inc. y,0 PENNSYLVANIA AMERICAN : IN THE COURT OF COMMON PLEAS OF WATER COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. . EVERHART & HOOVER POWER : NO. 2012–0125 CIVIL LINE CONSTRUCTION, INC. & PENNSYLVANIA PERCS, INC., . Defendant : : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 3RD day of JUNE, 2013, by agreement of the parties it is hereby ordered and directed that ALL DISCOVERY shall be completed by MONDAY, SEPTEMBER 16,2013. By the Court, —*e--- Edward E. Guido, J. Jeffrey B. Rettig, Esquire 301 Market Street P.O. Box 109 Lemoyne, Pa. 17043 Harry D. McMunigal, Esquire .-..=' 2 Meridian Boulevard Suite 100 -ri rri_cc r" }� _, Wyomissing, Pa. 19610 c' �I:� j ;_ tephen L. Banko, Jr., Esquire =j 3510 Trindle Road =y ' Camp Hill, Pa. 17011 . •sld Co IJCES P2-c/I LEC lo tVi.2 i r PRAECIPE FOR LISTING CASE FOR JURY TRIAL 1F7 b� 21i�� (Must be typewritten and submitted in triplicate) f (_I, ,7* L.fD COU P ��i taS YF��r1'�«� } TO THE PROTHONOTARY OF CUMBERLAND COUNTY C'E Please list the following case for a Jury Trial. ------------------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE jentire caption must be stated in fulll (check one) ❑ ■ Civil Action—Law PENNSYLVANIA AMERICAN ❑ Appeal from arbitration f-1 WATER COMPANY, �-- (other) (Plaintiff) No. 12-125 Civil Term VS. EVERHART & HOOVER POWER The trial list will be called on January 7,2014 LINE CONSTRUCTION, INC. and AND PENNSYLVANIA PERCS, INC. , (Defendant) Pretrials will be held on January 22, 2014 (Briefs are due 5 days before pretrials) VS. Trials commence on February 3, 2014 Indicate the attorney who will try case for the party who files this praecipe: Stephen L. Banko, jr., Margolis Edelstein, 35i U' Trindie coaa, Camp Hilli, PA -i 0 i Indicate trial counsel for other parties if known: Harry D. McMunigal, Esquire Jeffrey B. Rettig, Esquire Bingaman, Hess, Coblentz&Bell, P.C. Law Offices of Johnson, Duffle, Stewart&Weidner, P.C. Treeview Corporate Center 301 Market Street 2 Meridian Boulevard, Suite 100 P.O. Box 109 Wyomissing, PA 19610 Lemoyne, PA 17043-0169 (Counsel for Plaintiff) (Counsel for Pennsylva i Derg, Inc.) r � This case is ready for trial. Signed: 1 �(\J Print Name: to hen L. Banko, Jr. Date: / Attorney for: Everhart 8 Hoover Power Line construction,Inc. ��'�` ��g pw- 9 0*5bq CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of v , 2013, and addressed as follows: Harry D. McMunigal, Esquire Bingaman, Hess, Cobientz &�Beli, P.C. Treeview Corporate Center 2 Meridian Boulevard Suite 100 Wyomissing, PA 19610 (Counsel for Plaintiff) Jeffrey B. Rettig, Esquire Law Offices of Johnson, Duffie, Stewart &Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-01069 (Counsel for Pennsylvania Peres, Inc.) MARGOLIS EDELSTEIN i , By: Angela . ayman,�egal Assistant PENNSYLVANIA AMERICAN WATER IN THE COURT OF COMMON PLEAS OF COMPANY, ▪ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. • CIVIL ACTION - LAW • EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. AND • PENNSYLVANIA PERCS, INC. , Defendants • 12-125 CIVIL TERM IN RE: CALL OF THE CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 7th day of January, 2014, this being the time and place set for the Call of the Civil Trial List, and Stephen L. Banko, Jr. , Esquire, having appeared on behalf of the Defendant, Everhart & Hoover, and representing this matter should be stricken from the trial list and that he would relist it for trial, this matter is hereby stricken from the trial list. By the Court, a/L- Chris lee L. Peck, J. Harry D. McMunigal, Esquire For the Plaintiff Stephen L. Banko, Jr. , Esquire For Defendant Everhart & Hoover ✓J�ffrey B. Rettig, Esquire For Pennsylvania Peres, Inc. Prothonotary Ct . Admin. h00,2 ��� )� ! , L pcb 02414.Lert //at 4/ ,a, cr) cn • C-,P■ I 7- PRAECIPE FOR LISTING CASE FOR JURY TRIAL ' Li) Rai r� II: ,; (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY �°�r 'f�(T� Please list the following case for a Jury Trial. CAPTION OF CASE (entire caption must be stated in full) (check one) ❑ Civil Action—Law PENNSYLVANIA AMERICAN ❑Appeal from arbitration WATER COMPANY, (other) (Plaintiff) No. 12-125 Civil Term vs. EVERHART & HOOVER POWER The trial list will be called on April 22, 2014 LINE CONSTRUCTION, INC. and AND PENNSYLVANIA PERCS, INC. , (Defendant) Pretrials will be held on May 7, 2014 (Briefs are due 5 days before pretrials) vs. Trials commence on May 19, 2014 Indicate the attorney who will try case for the party who files this praecipe: Stephen L. Banko, Jr., Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA 17011 Indicate trial counsel for other parties if known: Harry D. McMunigal, Esquire Jeffrey B. Rettig, Esquire Bingaman, Hess, Coblentz&Bell, P.C. Law Offices of Johnson, Duffie, Stewart&Weidner, P.C. Treeview Corporate Center 301 Market Street 2 Meridian Boulevard, Suite 100 P.O. Box 109 Wyomissing, PA 19610 Lemoyne, PA 17043- 69 (Counsel for Plaintiff) (Counsel for Pennsy ercs, Inc.) This case is ready for trial. Signed: t Print Name: tephen L. Banko, Jr. IDate: / ` Attorney for: Everhart&Hoover Power Line Construction,Inc. alk6 Rw3ot9qt � � CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the Unnited, States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the I l� day of r' 0 rtia. 2014, and addressed as follows: Harry D. McMunigal, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard Suite 100 Wyomissing, PA 19610 (Counsel for Plaintiff) Jeffrey B. Rettig, Esquire Law Offices of Johnson, Duffie, Stewart &Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-01069 (Counsel for Pennsylvania Peres, Inc.) MARGOLIS EDELSTEIN By: ,. Ul .' , Angela . Gayman, L al Assistant .,„ BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. MCMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 BY: MAHLON J. BOYER, ESQUIRE IDENTIFICATION NO. 91094 TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 (610) 374-8377/(610) 376-3105 FAX hdmcmunigal; raj bover(Ohcb.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATTORNEYS FOR PLAINTIFF PENNSYLVANIA AMERICAN WATER COMPANY, Plaintiff vs. NO. 12-125 CIVIL ACTION - LAW EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC. Defendants ENTRY OF APPEARANCE Kindly enter my appearance as counsel for Plaintiff, Pennsylvania American Water Company with offices located at Treeview Corporate Center, 2 Meridian Boulevard, Suite 100, Wyomissing, PA 19610, as the place within the County of Berks where papers, process and notices may be served. BINGAMAN, HESS, COBLENTZ & BELL, P.C. Mahlon J. Boyer, Estiire Attorney for Plaintiff DATED: March 20, 2014 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. MCMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 BY: MAHLON J. BOYER, ESQUIRE IDENTIFICATION NO. 91094 TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 (610) 374-8377/(610) 376-3105 FAX hdmcmunigal; mjboyer(u,bhcb.com ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA AMERICAN WATER COMPANY, CIVIL ACTION - LAW Plaintiff vs. EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC. Defendants NO. 12-125 WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance, Harry D. McMunigal, Esquire, as counsel of record for the Plaintiff, Pennsylvania American Water Company, in the above -captioned matter. C , ▪ ` • Stephen L. Banko, Jr., Esquire -o 03 = = " Margolis Edelstein rri x. = _or 3 510 Trindle Road cis c Camp Hill, PA 17011 < • -11 P. Jeffrey B. Rettig; Esquire x Johnson, Duffie, Stewart &Weidner 301 Market Street -. "' PO Box 109 Lemoyne, PA 17043-0109 Date: S/a/iq BINGAMAN, HESS, COBLENTZ & BELL, P.C. Harry DLMMunigal, Esquire Attorney for Plaintiff, Pennsylvania American Water Company 552132.1 1 PENNSYLVANIA AMERICAN WATER : IN THE COURT OF COMMON PLEAS OF COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. EVERHART & HOOVER POWER LINE : CONSTRUCTION, INC. AND PENNSYLVANIA PERCS, INC., DEFENDANTS : 12-0125 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held on May 7, 2014. In attendance were Plaintiff's counsel, Mahlon J. Boyer, Esquire, Defendant Everhart's counsel Stephen L. Banko, Jr., Esquire and Percs' counsel Jeffrey B. Rettig, Esquire. It is not disputed that on July 6, 2011 when Defendant Everhart, as subcontractor for Defendant Percs, was drilling a three-foot hole for installation of a traffic signal at the intersection of SR 114 and the Carlisle Pike in Silver Spring Township, the auger damaged Plaintiff's 16 inch water main thereby necessitating repairs. What is in dispute, obviously, is who was negligent. Plaintiff's claim that the Defendants should have dug the hole by hand as they were directed to do by Plaintiff's representatives. Defendants' claim that Plaintiffs representative failed to properly mark the location of the water main in accordance with the Pennsylvania One -Call Law. Plaintiff seeks approximately $100,000.00 in damages. In addition to claiming they were not negligent, and/or that Plaintiff was contributorily negligent, Defendants' claim that the amount demanded is far in excess of what could be expected to repair a waterline. Surprisingly, in this basic negligence case, there have been absolutely no negotiations. 12-0125 CIVIL TERM In the absence of a Negotiation At -Least -One -Call Law, it appears settlement is unlikely. Consequently, we ORDER AND DIRECT as follows: 1. Plaintiff will have four peremptory challenges. Defendants will share four peremptory challenges. 2. Although this trial could take two to three days, because it is relatively straightforward counsel are not requesting that the jurors be permitted to take notes. 3. In accordance with Local Rule 223-1, Plaintiff shall be afforded 30 minutes for an opening statement. Defendants will be afforded a total of 40 minutes for their openings. We suggest that no party will need the time allotted. 4. Suggested points for charge and proposed verdict slips shall be submitted to the court prior to the selection of the jury, which is tentatively scheduled for 9:00 a.m. on May 19, 2014. By the Court, Albert H. Masland, J. Mahlon J. Boyer, Esquire For Plaintiff �tephen L. Banko, Jr., Esquire For Everhart & Hoover Power Line Construction, Inc. �ffrey B. Rettig, Esquire For Pennsylvania Peres, Inc. Court Administrator :sal , S / .g tic(, -/ -2- BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: MAHLON J. BOYER, ESQUIRE IDENTIFICATION NO. 91094 TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 (610) 374-8377/(610) 376-3105 FAX mjboyerAbhcb.com ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA AMERICAN WATER COMPANY, CIVIL ACTION - LAW Plaintiff vs. NO. 12-125 c-) C_ EVERHART & HOOVER POWER LINE : m 03 CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC. --< Defendants v PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE THE SENTINEL NEWS ARTICLE --` Plaintiff, Pennsylvania American Water Company ("PAWC"), hereby requests that this Honorable Court preclude the Defendants, Everhart & Hoover Power Line Construction, Inc. ("Everhart") and Pennsylvania Peres, Inc. ("Peres") from presenting at trial a news article from The Sentinel, dated Saturday, May 3, 2014, titled "Water main break causes flash flood in New Cumberland", and in support thereof avers as follows: 1. In the case before this Honorable Court, PAWC alleges that Everhart and Percs are liable to PAWC for damage that Everhart caused to PAWC's water main in July 2011. Percs retained Everhart as a subcontractor to dig holes necessary for the installation of traffic control signals. 2. PAWC maintains that it told Peres to hand dig before using any machinery because of the transmission main that could be effected and that Everhart was using machinery in an area that required hand digging. 3. Peres and Everhart argue that the damage only occurred because PAWC incorrectly marked the water main in response to two separate PA One Call requests and that the damages sought by PAWC for the repair of the water main are excessive and include enhancements to the water main upon repair. 4. Presumably in wanting to argue the excessive nature of the repairs made, counsel for Everhart in an email dated May 7, 2014, provided a news article from The Sentinel, titled "Water main break causes flash flood in New Cumberland" that concerns damage suffered by a water main and the repairs for it, which were completed the same day as the damage itself ("News Article"). A copy of counsel's email and the news article are collectively attached hereto as Exhibit "A". 5. Use of the News Article should not be permitted. 6. The News Article concerns a water main break that occurred almost 3 years after the damage to the water main in the present case, which occurred in July 2011. 7. The News Article concerns a different location, which is completely unrelated to the case at hand. 8. The News Article does not indicate the type of pipe at issue. Important to the case at hand is the fact that the Defendants caused damage to a 16" encased transmission main and not simply a 4" residential pipe made of cast iron. 9. The News Article contains inflammatory and prejudicial assertions that a delay arose in response to notifications about the break at issue in the News Article. These statements are prejudicial, detract from the issues at hand and can be seen as nothing other than an implied attempt to taint the jury concerning feelings it may hold with regard to PAWC. 10. For all of the foregoing reasons, it is respectfully requested that this Honorable Court grant PAWC's Motion and order that Defendants are precluded from using the News Article at trial. WHEREFORE, Plaintiff, Pennsylvania American Water Company respectfully requests that this Honorable Court grant its Motion In Limine and exclude from trial. The Sentinel news article from Saturday, May 3, 2014, titled "Water main break causes flash flood in New Cumberland" By: BINGAMAN, HESS, COBLENTZ & BELL, P.C. Mahlon J. Boyer, lEquire Attorney for Plaintiff Mahlon J. Boyer From: Stephen Banko <sbanko@margolisedelstein.com> Sent: Wednesday, May 07, 2014 1:29 PM To: jbr@jdsw.com; Mahlon J. Boyer Subject: PAWC v. E&H, et al. Claim No. 2888071 ME File No. 21500.4-00030 Attachments: SENTINEL ARTICLE 5-3-14.pdf Gentlemen: As we discussed this morning, attached is a copy of a news article which appeared in the Carlisle Sentinel on Saturday, 5-3-14. Please accept this e-mail as a supplement to my client's discovery responses and the exhibit list contained in the Pre-trial Conference Memorandum filed prior to the date of the events reported in the article. Should you have any questions, please call. MARGOLIS EDELSTEIN Stephen L. Banko, Jr., Esq. office: 717-760-7501 fax: 717-975-8124 mobile: 717-554-1408 email: sbanko@margolisedelstein.com Certified As A Civil Trial Advocate By The National Board of Trial Advocacy Accredited Agency Visit us at www.margolisedelstein.com Attorney Profile: www.margolisedelstein.com/attorneys.php?action=view&id=113 Margolis Edelstein 3510 Trindle Rd. Camp Hill, PA 17011 Serving all of DE, NJ. PA and VVV A Pennsylvania Supreme Court CONFIDENTIALITY NOTICE: This e-mail rnessage is intended only for the personal and confidential use of the intended recipients. This rnessage may contain privileged attorney-client communication. If you have received this message in error, any review or dissemination is strictly prohibited. Please notify us immediately by e-mail and delete the original message. 1 ExllIbi4- "A» Saturday: MaY3, 2014 QDAY' May/ FIRE CELS alarm4 Allen automatic fire Union,nRoad, Cade; 2:4I Rescue Services. Fire and Lemoynep m': auto rvices. Drive accident, 3:11 a.m ;auto accident, se4lhore. , Lemoyne; S:P a.m.:Ferry auto ad, New dent p.m.: Oberland, North auto ace/- Simpson cci- Ctun d, andest Cum- East Pe h EnOIa Road , New view Th,shi Shore, Fair- Northeast F oro Township; P Rescue. accident Hvnop sticture ala•57p•m.: auto �. Ea uratic fire e Road, ship; tic fire' Road, p; New ddle- larin Lane, New an - rin or e,� r Carlisle Fire and ue Services. Rescue 3:18 a. 5. neand Middleton Township; south Hampden St Awn S: Holly Springs. Pden• 45 a•m : automatic fire al 6:05p.m.: autoina alarm, East North Street Middlesex Carlisle Fire Union, Carlisle Kingston No and Rescue Se wnshi 8:53 a rices: tori. rth Mi fiteai •m.: automatic 6:26 Street, Carlisle; South Hanover p.m.: Carlisle fherry Carlisle Fire and Union, structure Cherry Services.Rescu Middlesex Townshi Rescue Kingstown, P; 9:21 a.m.: auto stown. n, Shirem R 9:21 yne Road accident 15 north, Low Route structure fire, first -ala Township; Lower All er Allen Road, H re fire, Winds 10 a.m.: first- NortheastamPdenT Rescu structure alarmF• °�'nshi ter Road fire, Brentwa- Washington Man anic- Fast Pennsboro sburg, Hampden, Ca mpden, Silve , Camp Hill Spring, New Kin Northeast F' Midway Nava! Inventory Cont or j Creekside. Fire and Rescue, Point. X12:29p.m.: automatic fire tune 7:14 p. In.: c- non-stru ai rm,s ToemperDrive, Drive, Middlesex ccident, Appalachian Holly Springs, wnsl4; Mt. ship; New lesex Town _ Carlisle Fire nd Union, Kingstown. Rescue 9 47p'm non-sttuc- Services. Re a tore 2:28Ain.:non- 81 south !dent' Interstate fire,Nesbit no fracture Street Icing at exipens Drive, Carlisle; , S h i Township; Vigilant. ns burg Water 1 i� �e bij �� 1 J A sinkhole ca �`Y bye used closed the inters at nh ��i'on dMarket streets Friday BYAlexandrfa Hoff NEW "Mess!" shouts Coy$, son wbilits Kelly ing at a lake that point_ there the nighthat was not A water main tear had opened up around nd 4 a . m'Friday, sending overflow the block and in mak shift reservoir. Neighbors crews didn't until turn the water offufi a.m. For POLICE FIRFS Police: Man arrested for j mpted robbery The Sentinel • 43 esfiash fland Save rat'Ne Jason MaI W (J S of k at a Cumain mberland borough employees a Sentinel three 7th and Market streets hides the �tterssec hours aII that was running out, arra 1 ok ter what happened The delay wasdn Ct'oa CARLISLE A Carlisle man is behind b be- ingidentified ars ter be- an April 2/attempted pled r b- be�`r meted rob_ a.m. April 21-inthe first block of West Pomfret Street, when aman demand- edmoney Ric the suspe` and curren sed was He is as anest- garraigrunen dy Police ki York to host drivi defensive program -_ J?OVER - Pvlice m York j111.11..on a•m. -S to 2:30 a Lune 21 at the de - 44 merit head4uarters, �East Lanai RoaQ- miscornrnunication ac- cording to Pennsylvania American Water. A spokesperson said they only y had one call on d, made at 6:3 m. but Police 0 a• dispatch records showthey ing that an officer showing after 4 a.m. called just At least six calls were Made in total, according to residents. . it's ver concerning and makes y off putting and it make ssou feel like we are Coy, in a sense,,' said Once crews arrived they worked fast. It only took 20 minutes to cut the line, fixed and the street filled a$ to drivers who are 55 or old- er Toa • thehave tMa Mature Driv- er" Prior The course be ' session from 8 m one BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: MAHLON J. BOYER, ESQUIRE IDENTIFICATION NO. 91094 TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 (610) 374-8377/(610) 376-3105 FAX mjboyer(a,bhcb.com ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA AMERICAN WATER COMPANY, CIVIL ACTION - LAW Plaintiff vs. NO. 12-125 EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC. Defendants CERTIFICATE OF SERVICE I, Mahlon J. Boyer, Esquire, do hereby certify that a true and correct copy of Plaintiffs Motion in Limine to Exclude The Sentinel News Article, was served by first-class mail and via email upon the following: Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Email: sbanko@margolisedelstein.com Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street PO Box 109 Email: jbr@jdsw.com By: Date: 5 1(5' I `I BINGAMAN, HESS, COBLENTZ & BELL, P.C. Mahlon J. $oyer, Esffuire Attorney for Plaintiff BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: MAHLON J. BOYER, ESQUIRE IDENTIFICATION NO. 91094 TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 (610) 374-8377/(610) 376-3105 FAX mjboverAbhcb.com ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA AMERICAN WATER COMPANY, Plaintiff vs. EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC. Defendants C7 t.-. CIVIL ACTION -,, AW rn corn NO. 12-125 r-- --7_ v c .d . C.) PLAINTIFF'S MOTION IN LIMINE REGARDING DAMAGES Plaintiff, Pennsylvania American Water Company ("PAWC"), hereby requests that this Honorable Court preclude the Defendants, Everhart & Hoover Power Line Construction, Inc. ("Everhart") and Pennsylvania Percs, Inc. ("Peres") from presenting at trial any assertion that Plaintiff's claim for damages went beyond the scope of repair, including but not limited to the assertion that the claim for damages includes enhancements, upgrades, improvements or additions, due to a lack of expert testimony on the part of Defendants: 1. In the case before this Honorable Court, PAWC alleges that Everhart and Percs are liable to PAWC for damage that Everhart caused to PAWC's water main in July 2011. Peres retained Everhart as a subcontractor to dig holes necessary for the installation of traffic control signals. 2. PAWC maintains that it told Peres to hand dig before using any machinery because of the transmission main that could be effected and that Everhart was using machinery in an area that required hand digging. 77. 3. Peres and Everhart argue that the damage only occurred because PAWC incorrectly marked the water main in response to two separate PA One Call requests. 4. Peres and Everhart also argue that the damages sought by PAWC for the repair of the water main are excessive and include enhancements, upgrades, improvements and/or additions to the water main. 5. These assertions by Peres and Everhart on PAWC's claim for damages require expert testimony. The water main at issue is not a simple residential water main. It is a 16" encased transmission main, the loss of which shuts down water service to an entire service area. 6. The repairs to the water main were performed by a qualified and experienced company that provided great detail in its invoice concerning the repair of the water main. Only an expert can provide testimony on the line item repairs and whether the repairs were tied to the damage to the water main or were instead, as argued by Defendants, for the purpose or enhancements, upgrades, improvements and/or additions. A copy of the invoice at issue is attached as Exhibit "A". 7. Neither Peres nor Everhart have retained an expert concerning the cost to repair the water main. "Expert testimony becomes necessary when the subject matter of the inquiry is one involving special skills and training not common to the ordinary lay person." Bergdoll v. York Water Co., 2008 Pa. Commw. Unpub. LEXIS 291, 23, 2008 WL 9403180 (Pa. Commw. Ct. 2008), citing, Storm v. Golden, 371 Pa. Super. 368, 538 A.2d 61, 64 (Pa. Super. 1988). 8. Beyond a lack of expert testimony, one of the most glaring problems with the planned argument of Peres and Everhart is that neither one suggests what PAWC should have paid to repair the water main. 9. Percs and Everhart cannot simply suggest possible problems with the invoice, suggest that it goes beyond repairs and then offer nothing to the jury on what the repairs actually cost versus the cost of the alleged improvements, enhancements, etc. 10. The lack of an alternative repair cost could create confusion with the jury, which could then turn to a "zero sum" alternative wherein, even upon a finding of negligence and factual cause by the Defendants, the jury would be left to award all or nothing based upon the lack of a viable alternative. 11. An alternative amount for the cost of the repair is something that only an expert could provide and the failure of Peres and Everhart to provide the alleged "actual" repair cost is fatal to their planned argument that the damages suffered by PAWC went beyond the cost to repair the water main. 12. Percs and Everhart have no planned witness that is qualified to speak to the cost to repair the damaged water main. All that is left are unfounded assertions, which should not be permitted. 13. To be sure, Percs and Everhart can cross-examine any witness presented by PAWC that speaks to the repairs made and with regard to whether the repairs were reasonable and whether there was an inclusion of enhancements, improvements, etc. PAWC is not seeking to limit the ability of Peres and Everhart in that regard. 14. What PAWC does oppose are unfounded assertions by Percs and Everhart that the repair costs were unreasonable. Thus far, Percs and Everhart have nothing beyond the thoughts of their own counsel to argue that the damages suffered by PAWC included something beyond repair costs. 15. PAWC would specifically seek a prohibition upon Percs and Everhart to argue in their opening statements that the damages suffered by PAWC went beyond repair costs. 16. Simply put, Percs and Everhart have failed prior to trial to develop any evidence to support an argument that the damages sought by PAWC went beyond repair costs. They need expert testimony to support this argument but do not have it. 17. Based upon the absence of expert testimony, the jury confusion that may arise and the prejudicial nature of the unfounded argument, PAWC respectfully requests that this Honorable Court prohibit Percs and Everhart from presenting at trial any assertion that Plaintiff's claim for damages went beyond the scope of repair, including but not limited to the assertion that PAWC's claim for damages includes enhancements, upgrades, improvements or additions. WHEREFORE, Plaintiff, Pennsylvania American Water Company respectfully requests that this Honorable Court grant its Motion In Limine and preclude the Defendants, Everhart & Hoover Power Line Construction, Inc. and Pennsylvania Peres, Inc. from presenting at trial any assertion that Plaintiff's claim for damages went beyond the scope of repair, including but not limited to the assertion that the claim for damages includes enhancements, upgrades, improvements or additions, due to a lack of expert testimony in that regard on the part of Defendants. By: BINGAMAN, HESS, COBLENTZ & BELL, P.C. Mahlon J. Boyer, IKquire Attorney for Plaintiff 260 Old York Road New Cumberland, PA 17070 717-774-7913 www.ekserviceinc.com "Building Infrastructure Today for a Better Tomorrow" Biu To Pennsylvania -American Water Co. Attn: Accounts Payable PO Box 5606 Cherry Hill, NJ 08034 Vendor \u. 50498461 Service Address Municipality Carlisle Pike ® Rt. 114 Silver Springs Twp. Service Date Item 7/7/2011 7/8/2011 7/9/2011 Brian Supervisor Foreman T-10 Truck driver T-38 Foreman(ot) Labor(ot) Supervisor(ot) Truck driver(... Operator(ot) Operator(ot) Truck driver(... B-5 SP Description RE: Install line stops and repair section of 16" concrete water main. Workbasket: A24SUPV45 (Brian Boal) - Review project and determine line stop location. Supervisor - per hour Foreman - per hour Pick -Up Truck - Per Hour - Move equipment and trench boxes to site. Truck driver - per hour Tractor & Low Deck Trailer - Per Hour - Move additional equipment to site. Begin excavation to expose and cleanout around 16" concrete main. Discovered 2" steel line over top of main that needs to be identified and moved to facilitate line stop. Foreman - per hour (overtime) Labor - per hour (overtime) Supervisor - per hour (overtime) Truck driver - per hour (overtime) Equipment operator - per hour (overtime) Equipment operator - per hour (overtime) Truck driver - per hour (overtime) Backhoe - Per Hour Excavator - Per Hour (2) Steel Street Plate - Per Day Qty. 2.5 2.5 2.5 6.5 6.5 3 8 6.5 6.5 8 7.5 6 2 Invoice Date 7/29/2011 Invoice # K11-2113 Terns 1% 15,Net 30 Rate 72.80 62.40 16.84 45.24 61.84 83.72 66.56 94.12 66.56 66.56 66.56 66.56 29.84 55.84 35.00 Due Date 8/28/2011 Amount 182.00 156.00 42.10 271.44 371.04 544.18 432.64 282.36 532.48 432.64 432.64 532.48 223.80 335.04 70.00 Thank you for your business! Page 1 Exl4, b,/ "A" Total Payments/Credits Balance Due rtERA/I= INC. 260 260 Old York Road New Cumberland, PA 17070 717-774-7913 www.ekserviceintc.com "Building Infrastructure Today for a Better Tomorrow" Bill To Pennsylvania -American Water Co. Attn: Accounts Payable PO Box 5606 Cherry Hill, NJ 08034 Vendor No. Service Address 5049846I Municipality Carlisle Pike ® Rt. 114 Silver Springs Twp. Service Date Item 7/10/2011 T-6 T-15 T-27 T-26 T-10 T-38 '113-16 TR -23 Poreman(ot) Labor(ot) Labor(ot) Operator(ot) Truck driver(... Truck driver(... B-2 E-5 SP T-14 T-15 TB -16 T-27 T-26 Description 2001 GMC 2500 HD - Per Hour Flat Bed Truck - Per Hour Tri -Axle Dump Truck - Per Hour Tri -Axle Dump Truck - Per Hour Pickup - Per Hour Tractor & Low Deck Trailer - Per Hour (2) Trench Box (8'x10') - per day Deck -Over Trailer - Per Hour - Continue excavation around 16" main to prep for line stops. 2 1/2" east iron line above water main. Leak appears to be on side of pipe. Supervisor to contact PA One Call to determine who owns 2 1/2" lint. Foreman - per hour (overtime) Labor - per hour (overtime) Labor - per hour (overtime) Equipment operator - per hour (overtime) Truck driver - per hour (overtime) Truck driver - per hour (overtime) Backhoe - Per Hour Excavator - Per Hour Steel Street Plate - Per Day Pick up truck - Per Hour Flat Bed Truck - Per Hour (2) Trench Box (8'x10') - per day Tri -Axle Dump Truck - Per Hour Tri -Axle Dump Truck - Per Hour Invoice Date 7/29/2011 Invoice # K11-2113 Terms Due Date 1% 15, Net 30 8/28/2011 Qty. Rate Amount 6.5 6.5 6.5 8 3 1.5 2 6.5 6.5 6 6 6 6 6 6 6 2 6 6 2 6 6 16.84 21.84 24.84 27.84 16.84 61.84 162.00 5.00 83.72 66.56 66.56 66.56 66,56 66.56 29.84 55.84 35.00 16.84 21.84 162.00 24.84 27.84 109.46 141.96 161.46 222.72 50.52 92.76 324.00 32.50 544.18 399.36 399.36 399.36 399.36 399.36 179.04 335.04 70,00 101.04 131.04 324.00 149.04 167.04 Thank you for your business! Page 2 Total Payments/Credits Balance Due 260 Old York Road New Cumberland, PA 17070 717-774-7913 www.ekserviceine.cam "Building Infrastructure Today for a Better Tomorrow Bili To Pennsylvania -American Water Co. Attn: Accounts Payable PO Box 5606 Cherry Hill, NJ 08034 Vrndor No. 50498461 Service Date Item 7/11/2011 Service Address Municipality Carlisle Pike fai Rt, 114 Foreman(ot) Labor(ot) Labor(ot) Operator(ot) B-2 Supervisor(ot) Foreman Foreman(ot) Operator(ot) Operator(ot) Labor Labor(ot) E-5 T-14 T•15 Labor T-37 Labor Labor(ot) E-5 SP T-16 T-23 T-30 TB -16 Silver Springs Twp. Description Qty. - Finish excavation around 16" main to prep for line stops. Accept expedited delivery of line stop materials. Install sleeves for line stops and pour thrust blocking. Foreman - per hour (overtime) Labor - per hour (overtime) Labor - per hour (overtime) Equipment operator - per hour (overtime) Backhoe - Per Hour Supervisor - per hour (overtime) Foreman - per hour Foreman - per hour (overtime) Equipment operator - per hour (overtime) Equipment operator - per hour (overtime) Labor - per hour Labor - per hour (overtime) Excavator - Per Hour Pick up truck.- Per Hour Flat Bed Truck - Per Flour Labor - per hour Pickup • Per Hour Labor - per hour Labor - per hour (overtime) Excavator - Per Hour Steel Street Plate - Per Day Flat Bed - Per Hour Single Axle Dump Truck • Per flour Utility Service Truck - Per Hour (2) Trench Box (8'x 10') - per day 2 2 2 2 2 2 8 2.5 3 8 2 2 2 0.5 2 2.5 10 0.5 5 10.5 2 • nvoice Date Invoice II 7/29/2011 KI1-2113 Terms I% 15,Net 30 Rate Duo Date 8/28/2011 Amount 83.72 167.44 66.56 133.12 66.56 133.12 66.56 133.12 29.84 59.68 94.12 188.24 62.40 499.20 83:72 209.30 66.56 532.48 66.56 199.68 45.24 361.92 66.56 166,40 55.84 111.68 16.84 33.68 21.84 43.68 45.24 22.62 16.84 33.68 45.24 361.92 66.56 166.40 55.84 558.40 35.00 70.00 21.84 10.92 21.84 109.20 33.84 355.32 162.00 324.00 Thank you for your business! Page 3 Total Payments/Credits Balance Due 260 Old York Road New Cumberland, PA 17070 717-774-7913 www.ekserviceinc.com "Building Infrastructure Today for a Better Tomorrow" Bill To Pennsylvania -American Water Co. Attn: Accounts Payable PO Box 5606 Chevy Hill, NJ 08034 Vend orNo, . 50498461 Service Address Municipality Carlisle Pike cr Rt. 114 Silver Springs Twp, Service Date ttern Description Qty., 7/ 12/2011 TR -14 WBS -3 Concrete Fin disposal Materials Materials Supervisor Supervisor Foreman Forernan(ot) Operator Operator(ot) Labor Labor Labor(ot) Labor Labor Labor(ot) B-5 CS -4 CS -6 E-5 T-16 T-24 T-30 Haulette Trailer - Per Hour 36" Street Saw w/l3lade - Per Hour RediMix Concrete - per C.Y. Disposal of fill - per load 16"x12" 445 line stop saddles for peep expedited delivery - ea Mortar mix - per bag - Excavate and install temporary service line for Sheetz. Furmanite performed 2-16" line stops. Supervisor - per hour Supervisor - per hour Foreman - per hour Foreman - per hour (overtime) Equipment operator - per hour Equipment operator - per hour (overtime) Labor - per hour Labor - per hour Labor - per hour (overtime) Labor - per hour Labor - per hour Labor - per hour (overtime) Backhoe - Per Hour Concrete Chain Saw - per hr. Ductile/Cast Iron Chain Saw - per hr. Excavator - Per Hour Flat Bed - Per Hour Single Axle Dump Truck • Pcr Hour Utility Service Truck - Per Flour 0.5 0.5 14 10.5 2 2 4.5 2.5 8 2.5 4.75 8 2 5 8 2.5 6 6 10 5 5 10.5 Invoice Terms Due Date I% 15, Net 30 8/28/2011 Rate Amount 5.00 101.84 150.00 40.00 10,326.00 17.10 72.80 72.80 62.40 83.72 45.24 66.56 45.24 45.24 66.56 45.24 45.24 66.56 29.84 76.84 76.84 55.84 21.84 21.84 33.84 2.50 50.92 2,100.00 420.00 20,652.00 34.20 145.60 327.60 499.20 209.30 361.92 166.40 214.89 361.92 133.12 226.20 361.92 166,40 179.04 461.04 461.04 558.40 109.20 109.20 355.32 Thank you for your business! Page 4 Total Payments/Credits Balance Due 260 Old York Road New Cumberland, PA 17070 717-774-7913 www.ekserviceinc.com "Building Infrastructure Today for a Better Tomorrow' Bill To Pennsylvania -American Water Co. Attn: Accounts Payable PO Box 5606 Cherry Hill, NJ 08034 Vcnclur No. 50498461 Service Date 7/13/2011 Service Address Municipality Carlisle Pike @ Rt. 114 Silver Springs Twp. Item T-37 T-1 0 TB -16 TR -23 Materials Materials Materials Sub Misc. Foreman Forcman(ot) Supervisor Supervisor(ot) Truck driver(... Foreman Foreman(ot) Truck driver Truck driver(... Operator Operator(ot) Labor Labor(ot) Labor(ot) Operator(ot) Forcman(ot) Labor Description Qty. Pickup - Per Hour Pick -Up Truck - Pcrilour (3) Trench Box (85(10') - per day Deck -Over Trailer - Per Hour 101-587 (I" pex ball valve) - ea XLMC55 (pex adpt. 1 MIP x 1" barb) XLT555 (pex tee br x 1" barb) - ea Perform 16" line stop - ea - Install 16" valve on pipe and install replacement section of pipe and begin backfilling. Foreman - per hour Foreman - per hour (overtime) Supervisor - per hour Supervisor - per hour (overtime) Truck driver - per hour (overtime) Foreman - per hour Foreman - per hour (overtime) Truek driver - per hour Truck driver - per hour (overtime) Equipment operator - per hour Equipment operator - per hour (overtime) Labor - per hour Labor - per hour (overtime) Labor - per hour (overtime) Equipment operator - per hour (overtime) Foreman - per hour (overtime) Labor - per hour 4.5 2 2 3 2 2 2 4 7 10 8 4 8 4 8 4 7 10 10 8 Invoice Terms 1% 15. Net 30 Rate 16.84 16.84 162.00 5.00 11.51 7.76 7.37 9,879.00 62.40 83.72 72.80 94.12 66.56 62.40 83.72 45.24 66.56 45.24 66.56 45.24 66.56 66.56 66.56 83.72 45.24 Due Date 8/28/2011 Amount 75.78 33.68 486.00 10.00 34.53 15.52 14.74 19,758.00 249.60 334.88 582.40 658.84 665.60 499,20 334.88 361.92 266.24 361.92 266.24 361.92 465.92 665.60 665.60 837.20 361.92 Thank you for your business/ Page 5 Total Payments/Credits Balance Due 260 Old York Road "\Z" New Cumberland, PA 17070 717474-7913 www.ekserviceine.com "Building Infrastructure Today for a Better Tomorrow" Bill To Pennsylvania -American Water Co. Attn: Accounts Payable PO Box 5606 Cherry Hill, NJ 08034 Vendor No. 50498461 Service Address Municipality Carlisle Pike Q Rt, 114 Silver Springs Twp. Service Date Item Description Qty.. 7/14/2011 Labor(ot) Labor Labor(ot) B-5 E-5 SP T-16 T-27 T-30 T-37 T-10 TB -16 BHT -1 T-22 T-42 TB -16 I B Stone 2A Modified ... Fill disposal Foreman Foreman(ot) Truck driver Operator Operator(ot) Labor Labor Labor - per hour (overtime) Labor - per hour Labor - per hour (overtime) Backhoe - Per Hour Excavator - Per Hour Steel Street Plate • Per Day Flat Bed - Per Hour Tri -Axle Dump Truck - Per Hour Utility Service Truck - Per Hour Pickup - Per Hour Pick -Up Truck - Per Hour (3) Trench Box (8'x10') - per day Backhoe Tamper - Per Hour Tri -Axle Dump Truck - Per Hour Utility Service Truck - Per Hour (3) Trench Box (8'x30') - per day 1B Stone - per ton 2A Modified Stone - Per Ton Disposal of fill - per load - Complete backfill, clean up job stie, install cold patch. Foreman - per hour Foreman • per hour (overtime) Truck driver - per hour Equipment operator - per hour Equipment operator - per hour (overtime) Labor - per hour Labor - per hour 8 4 22 17 2 1 12 12 15 8 3 10 10 10 3 10 65 I0 8 0.5 4 8 0.5 8 8 Invoice Date 7/29/2011 Invoice # K11.2113 Terms 1% 15, Net 30 Rate 66.56 45.24 66.56 29.84 55.84 35.00 21.84 24.84 33.84 16,84 16.84 162.00 25.00 27.84 33.84 162.00 9.00 10.50 40.00 62.40 83.72 45.24 45.24 66.56 45.24 45.24 Due Date 8/28/2011 Amount 133.12 361.92 266.24 656.48 949.28 70.00 21.84 298.08 406.08 252.60 134.72 486.00 250.00 278.40 338.40 486.00 90.00 682.50 400.00 499.20 41.86 180.96 361.92 33.28 361.92 361.92 Thank you for your business! Page 6 Total Payments/Credits Balance Due 260 Old York Road New Cumberland, PA 17070 717-774-7913 www.ekserviceinc.com "Building Infrastructure Today for a Better Tomorrow" Bill To Pennsylvania-Atncrican Water Co. Attn: Accounts Payable PO Box 5606 Cherry Hill, NJ 08034 Vendor No, 50498461 Service Date 7/15/2011 7/19/2011 Service Address Municipality Carlisle Pike @ Rt. 114 Silver Springs Twp. Item B-5 BHT -1 E-5 SP T-30 T-38 T-45 TB -16 2A Modified ... Cold Patch Supervisor T-37 Truck driver T-38 Curb replace... Landscape pa... Landscape pa... Asphalt patch... Asphalt patch... Asphalt patch.., Asphalt patch... Description Backhoe - Per Hour Backhoe Tatnper - Per flour Excavator - Per Hour Steel Street Plate - Per Day Utility Service Truek - Per Hour Tractor & Low Deck Trailer - Per Hour Tri -Axle Dump Truck - Per Hour (2) Trench Box (8'x10') - per day 2A Modified Stone - Per Ton Cold Patch per ton - Return Materials to PAWC. Supervisor - per hour Pickup - Per Hour - Return trench boxes. Truck driver - per hour Tractor & Low Deck Trailer - Per Hour - Restoration Curb restoration - per LP Landscape restoration - per sq. ft. (120x15) Landscape restoration - per sq. ft. (80x11) Asphalt Restoration - per sq. ft. (11x14) Asphalt Restoration - per sq. ft. (3x15) Asphalt Restoration - per sq. ft. (12x14) Asphalt Restoration - per sq. ft. (18x18) Qty. 8 8 1.5 2 8.5 4 8 2 106.9 4 1.5 1.5 2.5 2.5 32 1,800 880 154 45 168 324 Invoice Date .. 7/29/2011 Invoice # K11-2113 Terms 1% 15,Net 30 Rate 29.84 25.00 55.84 35.00 33.84 61.84 27.84 162.00 10.50 180.00 72.80 16.84 45.24 61.84 38.50 2.75 2.75 12.20 12.20 12.20 12.20 Due Date 8/28/2011 Amount 238.72 200.00 83.76 70.00 287.64 247.36 222.72 324.00 1,122.45 720.00 109.20 25.26 113.10 154.60 1,232.00 4,950.00 2,420.00 1,878.80 549.00 2,049.60 3,952.80 Thank you for your business! IC�t .1,k6 100, to; yes. yS. Slg t 1s DO - 4i, l'3 .05 R1- ckst6t Sb"75•M• 5..11% 1IS0 Pagel to, 13.47,5 Total $101,347.83 Payments/Credits $0.00 Balance Due $101,347.83 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: MAHLON J. BOYER, ESQUIRE IDENTIFICATION NO. 91094 TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 (610) 374-8377/(610) 376-3105 FAX mjboyer(a,bhcb.com ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA AMERICAN WATER COMPANY, CIVIL ACTION - LAW Plaintiff vs. NO. 12-125 EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. and PENNSYLVANIA PERCS, INC. Defendants CERTIFICATE OF SERVICE I, Mahlon J. Boyer, Esquire, do hereby certify that a true and correct copy of Plaintiff's Motion in Limine Regarding Damages, was served by first-class mail and via email upon the following: Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Email: sbanko@margolisedelstein.com. Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street PO Box 109 Email: jbr@jdsw.com By: Date: s hs -by BINGAMAN, HESS, COBLENTZ & BELL, P.C. 47 - Mahlon J. Boyer, Esquire Attorney for Plaintiff F� � J STEPHEN L. BANKO,JR., ESQUIRE ' 'tt?T iCrf Pa.Supreme Court I. D. No.41727 .g MARGOLIS EDELSTEIN Lis li MAY 19 A s: t; 3510 Trindle Road Camp Hill, PA 17011 I✓U�13EF�LA ; CttU:' ( 'I" Telephone: (717)760-7501 P C NN S Y L-V�t",l I A FAX: (717)975-8124 Attorney for Defendants E-mail: sbanko _margolisedelstein.com Everhart&Hoover Power Line Construction,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN WATER COMPANY, DOCKET NO. 12-125 Plaintiff V. CIVIL ACTION - LAW EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. AND JURY TRIAL DEMANDED PENNSYLVANIA PERCS, INC., Defendants ANSWER OF DEFENDANT, EVERHART &HOOVER POWER LINE CONSTRUCTION, INC., TO PLAINTIFF'S MOTIONS IN LIMINE TO PRECLUDE SENTINEL NEWS ARTICLE 1. Admitted in part and denied in part. While it is admitted that Plaintiff alleges that Defendants are liable to it or damages, defendant, Everhart & Hoover Power Line Construction, Inc. ("E&H"), specifically denies such liability. The remaining allegations in this paragraph are admitted. 2. Admitted in part and denied in part. While it is admitted that Plaintiff contends such allegation is true, after reasonable investigation, E&H is without information sufficient to form a belief as to the truth that such statement was made by an employee of Plaintiff to Co-defendant Pennsylvania Peres, Inc. ("Peres"). 3. Denied as stated. While it is admitted that E&H contends that Plaintiff mis- marked its waterline, it is specifically denied that this is the "only" reason that Plaintiff sustained damage. 4. Admitted. 5. Denied. The article, itself, is not contemplated to be used by counsel for E&H. Rather, the article be used only for the purpose of rebuttal to the extent that a witness or witnesses for the Plaintiff deny the occurrence set forth herein. As damages are always left to the sound discretion of the fact finder, in this case, the jury, the fact that a repair can be made in a short period of time is germane to the issue with respect to the damages sought by Plaintiff in this case. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part. The article, which is attached to Plaintiff's Motion, clearly states that the ruptured pipe was a "water main". Again, it would be through cross-examination of Plaintiff's witnesses that the size of such pipe would be established. However, it is certainly apparent that the water main break described in the newspaper article did not involve a "4" residential pipe made of cast-iron" as suggested by Plaintiff's counsel. 9. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, the answer contained in paragraph 5 hereof is incorporated herein by reference as if set forth in its entirety. 10. Denied. It is respectfully requested that this Honorable Court deny Plaintiff's Motion requesting preclusion of The Sentinel News article at trial. 2 WHEREFORE, Defendant, Everhart&Hoover Power Line Construction, Inc., prays this Honorable Court enter an Order denying Plaintiff's Motion in Limine to preclude from trial The Sentinel News article from May 3, 2014. M= •GGLIS-,EDELSTEIN i ' � } Date: 1A_ r BY: STE ' -I,E4 L. BANKO, JR. Attorney for Defendant, Everhart & Hoover Power Line Construction, Inc. 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by hand delivery, on the 19th day of May, 2014, as follows: Mahlon J. Boyer, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard Suite 100 Wyomissing, PA 19610 (Counsel for Plaintiff Jeffrey B. Rettig, Esquire Law Offices of Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-01069 (Counsel for Pennsylvania Peres, Inc.) M GOLIS EDELSTEIN By. r° Step en L. Banko, Jr. STEPHEN L. BANKO,JR., ESQUIRE '''- Pa.Supreme Court I. D. No.41727 V, 19 MARGOLIS EDELSTEIN C. i ;Y � : 3510 Trindle Road Camp Hill, PA 17011 f U SC_P,LAkiDl l;v J� _,i, Telephone: (717)760-7501 P_E f 1,4 S Y L VA P IA FAX: (717)975-8124 Attorney for Defendants E-mail: sbanko(&margolisedelstein.com Everhart&Hoover Power Line Construction, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN WATER COMPANY, DOCKET NO. 12-125 Plaintiff V. CIVIL ACTION - LAW EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. AND JURY TRIAL DEMANDED PENNSYLVANIA PERCS, INC., Defendants ANSWER OF DEFENDANT, EVERHART & HOOVER POWER LINE CONSTRUCTION, INC., TO PLAINTIFF'S MOTION IN LIMINE REGARDING DAMAGES 1. Admitted in part and denied in part. While it is admitted that Plaintiff alleges that Defendants are liable to it or damages, defendant, Everhart & Hoover Power Line Construction, Inc. ("E&H"), specifically denies such liability. The remaining allegations in this paragraph are admitted. 2. Admitted in part and denied in part. While it is admitted that Plaintiff contends such allegation is true, after reasonable investigation, E&H is without information sufficient to form a belief as to the truth that such statement was made by an employee of Plaintiff to Co-defendant Pennsylvania Peres, Inc. ("Peres"). 3. Denied as stated. While it is admitted that E&H contends that Plaintiff mis- marked its waterline, it is specifically denied that this is the "only" reason that Plaintiff sustained damage. 4. Admitted. 5. Denied. It is specifically denied that Defendants, including E&H, are required to present expert testimony to refute the damage claim of Plaintiff. Plaintiff apparently misapprehends the fact that it, not Defendants, has the burden of proof and if an expert is required, Plaintiff has not identified an expert witness and has not provided an expert report. Moreover, the law in Pennsylvania with regard to Defendant's burden at trial is set forth succinctly below: The burden of proving causation with appropriate certainty rests upon the plaintiff. Obviously, recovery in a civil action depends at least initially on the sufficiency of proof offered by the party who seeks to recover. The defendant ordinarily need not prove, with certainty or otherwise, that he or she is innocent of the alleged wrongdoing...The defendant's case is usually nothing more than an attempt to rebut or discredit the case. Evidence that rebuts or discredits is not necessarily proof. It simply vitiates the effect of opposing evidence. Neil by Neil v. Lu, 530 A.2d 103, 109 (Pa. Super. 1987); We find no merit in appellant's contention (a). There can be no doubt that in order to sustain a verdict recognizing a claim for personal injuries the plaintiff has the burden of proving that the injuries were the result of the accident, and to establish this the medical testimony must be sufficiently definite to overcome the idea that it is conjectural or a mere guess. There can be no doubt that in order to sustain a verdict recognized in a claim for personal injuries, the plaintiff has the burden of proving that the injuries were the result of the accident, and to establish this, the medical testimony must be sufficiently definite to overcome the idea that it is conjectural or mere guess. (Citations omitted). However, we find no such rule governing the testimony offered to refute or contradict such an opinion. Such testimony should be in effect the same as might be elicited on cross-examination of the plaintiff's expert witness. It has been held that cross-examination may embrace any matters germane to the direct examination, qualifying or destroying it, or tending to develop facts which 2 have been improperly suppressed or ignored by the plaintiff. Id. 178 A.2d 799 at 801. Steiner v. Ostroff, 197 Pa.Super. 461, 178 A.2d 799, 801 (1962). 6. Denied. With regard to the qualification and experience of the company which provided the repair to Plaintiff's water main, after reasonable investigation, E&H is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. Moreover, and more importantly, the answer contained in paragraph 5 hereof is incorporated herein by reference as if set forth in its entirety. 7. Admitted in part and denied in part. The answer contained in paragraph 5 hereof is incorporated herein by reference as if set forth in its entirety. By way of further denial,while the case law cited by Plaintiff in this paragraph of its Motion in Limine contains the quotation set forth therein, it is submitted that neither case is even remotely on point except, as it may pertain to Plaintiff's burden of proof. 8. Denied as stated. The answer contained in paragraph 7 hereof is incorporated herein by reference as if set forth in its entirety. It is axiomatic that under Pennsylvania law, calculation of damages is ultimately for the trier of fact; in this case, the jury. It is the intent of E&H to cross-examine any witness, as set forth in the case law quoted above, to refute the type and amount of damages being sought by Plaintiff and to give the jury proper cause to evaluate properly,whether some, all, or none of the damages claimed are causally related to the alleged negligence of Defendants. 9. Denied. Pennsylvania law specifically permits the Defendants, including E&H, to cross-examine Plaintiff's witnesses on any issue germane to the action including the causal relationship, appropriateness and such cost allegedly required to repair. 3 Moreover, it is certainly permissible for Defendants to cross-examine Plaintiff's witnesses to discredit and refute the assertion of any aspect of Plaintiff's claim for damage where, as here, there is no evidence that the repair performed was the only manner in which the repair could be made or that the entirety of the repair was reasonable, necessary and otherwise related to the alleged conduct of Defendants. 10. Denied. The answers contained in paragraphs 6, 8 and 9 hereof are incorporated herein by reference as if set forth in its entirety. It is uniquely the function of the jury to award some, none or all of the damages claimed by Plaintiff based upon the evidence including credibility of Plaintiff's witnesses as tested on cross-examination. 11. Denied. The answer contained in paragraph 10 hereof is incorporated herein by reference as if set forth in its entirety. 12. Denied. The answer contained in paragraph 10 hereof is incorporated herein by reference as if set forth in their entirety. 13. Admitted. 14. Denied. It is the duty of defense counsel to zealously represent his clients within the bounds of the law which includes, during closing argument, to draw all reasonable inferences suggested by the evidence. This is the essence of a trial by jury. By way of further answer, the answer contained in paragraph 10 hereof is incorporated herein by reference as if set forth in its entirety. 15. Admitted in part and denied in part. Counsel for E&H has no intent to make any type of"argument" during an opening statement. 16. Denied. The answers contained in the foregoing paragraphs of this answer are incorporated herein by reference and if set forth in their entirety. 4 17. Denied. The answer contained in paragraph 16 hereof is incorporated herein by reference as if set forth in its entirety. Additionally, it is believed and therefore averred that Pennsylvania law limits damages to the cost of repair, which specifically would not include enhancements, additions, improvement or upgrades as by the very nature of such terms, do not constitute repair. WHEREFORE, Defendant, Everhart&Hoover Power Line Construction, Inc., prays this Honorable Court deny Plaintiff's Motions in Limine regarding damages. MAR, I .EDELSTEIN Date: ' v By: ' 8TLPHEN L. BANKO, JR. Attorney for Defendant, Everhart & Hoover Power Line Construction, Inc. 5 CERTIFICATE OF SERVICE _71 I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by hand delivery, on the 19th day of May, 2014, as follows: Mahlon J. Boyer, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard Suite 100 Wyomissing, PA 19610 (Counsel for Plaintiff) Jeffrey B. Rettig, Esquire Law Offices of Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-01069 (Counsel for Pennsylvania Peres, Inc.) MA G:OL S,'EDELSTEIN { f f By: a > 7! Ste`p[T6A L. Banko, Jr. s ,1.-. PENNSYLVANIA AMERICAN WATER COMPANY, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. AND PENNSYLVANIA: PERCS, INC., DEFENDANTS : 12-0125 CIVIL TERM VERDICT SLIP Question 1: Do you find that any of the Defendants were negligent? Defendant, Everhart & Hoover Power Line Yes No X Defendant, Pennsylvania PERCS, Inc. Yes No X If you answer Question 1 "No" as to all Defendants, the Plaintiff cannot recover and you should not answer any further questions and should return to the courtroom. Question 2: Was the negligence of those Defendants you have found to be negligent a factual cause of any harm to the Plaintiff? Defendant, Everhart & Hoover Power Line Yes No Defendant, Pennsylvania PERCS, Inc. Yes No If you answer Question 2 "No" as to all Defendants you have found to be negligent, the Plaintiff cannot recover and you should not answer any further questions and should return to the courtroom. Question 3: Do you find that the Plaintiff was negligent? Yes No If your answer is "Yes," proceed to Question 4. If your answer is "No," proceed to Question 5. Question 4: Was the negligence of the Plaintiff a factual cause of its damages? Yes No Proceed to Question 5. Question 5: Taking the combined negligence that was a factual cause of any harm to the Plaintiff as 100 percent, what percentage of that negligence was attributable to each of the parties you have found causally negligent? Your apportionment should total 100%. Percentage of negligence attributable to Defendant, Everhart & Hoover Power Line (Answer only if you have answered "Yes" to Questions 1 and 2 for Defendant, Everhart & Hoover Power Line). % Percentage of causal negligence attributable to Defendant, Pennsylvania PERCS, Inc. (Answer only if you have answered "Yes" to Questions 1 and 2 for Defendant, Pennsylvania PERCS, Inc.). % Percentage of causal negligence attributable to Plaintiff, Pennsylvania American Water Company (Answer only if you have answered "Yes" to Questions 3 and 4 for Plaintiff, Pennsylvania American Water Company). Total: 100% Question 6: Whether you have found Plaintiff negligent or not, state the amount of damages, if any, sustained by the Plaintiff without any reduction for the percentage of negligence you may have found against Plaintiff. You should return your answers to these questions on the verdict form, signed by your foreperson. Date Foreperson " PENNSYLVANIA AMERICAN WATER CO EVERHART & HOOVER POWER LINE C,9,isq-t-a k Pe,''" PENNSYLVANIA PERCS INC. JURORS In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2012-125 Judge: MASLAND Attorney: liltjj 4 (n,,; )20y e,' G�Sf Attorney: , .5ph.cL.i3e46s Fr Py 2e�tf Date: 5'4 /f% No. Juror # NAMES OF JURORS CALLED CAUSE P D 1 111111111111111111111111111111011111111 (?.</ -I4 1.9=3 2 1 11 1111 11111 11111 1011 11111 1111111 11 11 11 MAY19-3 CEHAJIC, MEDIHA 3 111E11111111111111111111111E1111111111 MAY19-314 ROBINSON, RHONDA E 4 1Rim 111111111111111111111111111111tf 1VIAY19-143 STILL, ASHLEY D 5 111111111011111111111111111111IIIIIn MAY19-272 BUBB, STEPHEN F 6 111E111111111111111I111111111III 1111ll11 1VIAY19-267 OYLER, EMILY E . 7 1111111111111111111111IIIIIIIIIIIIIIIIII MAY19-187 SCHULTZ, SCOTT P 8 1 11 1111 11 111 1 1111 11111 1111111111 1111 11 11 \ ' '.' e - . - - - 9 1111111 unlmllu1ullun111111ul - - - l'ic , , 10 111111111111I111111111IuIIIU0III11111 9l) TS 11 1111111111111111111111IIIIIIIIIIIIIIIIII MAY19-288 HENNING, MICHAEL D 12 1 111111 11111 11111 1111111111 11111 11111111 , A-.,,9 X7.2 RRFT7�1,e��,4*� = 13 111E11111111111111111111111111111111111 eeitt,GC - 14 IIIIIIIIIIIIIIIII1111111111111111111n, /? -3 19-277 DIVE ,c -Ar ort— 15 1IIIIIIllllIIIIIIIIIIIIIIIIIIIIIIIIIIIll MAY19-6 GOGETS, BRIAN P 16 I111111111111IIItl1IIt11IIIII 0111111 MAY19-230 WHEELER„ 3RD ALDEN D 171llEll lllilllllllllllllllllllllllllln - 18 InItIlIIIlIlIlI111t1111111111IIIln -A E Aimg 1vIOKKILL; D 19 1111111 111111111111111111111111111111111 MAY19-205 LESHER, LARRY E 20 IIIdIIIIIIIIllIIIIIII11111111111111IIn MAY19-216 SMALL„ SR JAMES B 21 IIII11111111III11111111111111111IIIIIIn MAY19-96 RICHARDSON, WILLIAM J 22 IIIIII11111IIIIII1111111II1IIIIIIEI1111 MAY19-215 KANE, KAROLYN J • • PENNSYLVANIA AMERICAN WATER CO EVERHART & HOOVER POWER LINE C PENNSYLVANIA PERCS INC. JURORS In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2012-125 Judge: MASLAND Attorney: Attorney: Date: No. Juror # NAMES OF JURORS CALLED CAUSE P D 23 IIIIIUEll 11111111111Ell II1111111III MAY19-212 SHEESLEY, KATHY J 24 111111IIIIIIIIIIIBIIIIIII1111111111111 MAY19-210 ZIMMERMAN, CHARLES G 25 1111111111111101111111111110111111111 MAY19-114 EVANS, TAMMY A 26 111111111111IIIIIIIIIIIIIIIIIIIIIIIIIII MAY19-161 TINGLE, BRUCE A 27 IIIIII111111111111IIIIIIIIIIIIIIIIII1111 MAY19-8 WOODS, ELLEN F 28 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MAY19-347 ZOMOK, RAYMOND P 29 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MAY19-79 COFFEY, DAVID J 30 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1 MAY19-265 GARRETT, MARJORIE A 31 IIInlIIIIIIIIIIIIIIIIIIIIl0111111110 MAY19-228 NESS, KELSI A 32 IIIiiIIunIIIIIIIIIIIIIIIII ili n MAY19-62 NAGLE, CHAD J 33 IIIIIIIIIIUIIIIIIIUIIIIIIIIIIIIOIIIII MAY19-179 SHOVER, JAMIE N 34 1110111111110IIIIIIIInman MAY19-218 HANSEN, MARLA J 35 IIIIIIIIVIIIIIullllllIIIlIIIIIIIIIIlII 1VIAY19-283 COX, TRACY A 36 1 11 1111 1101 1 1111 11111 11111 11111 101 11 11 1\4AY19-246 SMITH, LEONARD A 37 111111111111IIIIIIIIIIIIIIIIIIIIInlll11 MAY19-88 KESSLER, KEVIN W 38 1111111IIIIIIIIIIIIIIIIIIIIIIIII 1111110 MAY19-148 HEIMBACH, DREW M 39 111111111111moo IIIIIIIIUIIIIIIu MAY19-61 FRY, DAVID E 40 IIIIIIIIIIUIIIIIIIIIIIUIIIIIIII0Iun MAY19-163 ROCKER„ JR CARL S 41 42 43 44 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ LE'D-OF F IC O `r: i I IE PROTH0i 0 i_ A 2014HAY 20 PH 3: 1 CUMBERLAND COUNTY PENNSYLVANIA OFFIc OF '0,4F., :RIFF Pennsylvania American Water Company vs. Everhart & Hoover Power Line Construction, Inc. (et al.) Case Number 2012-125 SHERIFF'S RETURN OF SERVICE 05/14/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Bertram W Baker, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Subpoena as "Not Found" at PA American Water Company, 852 Wesley Drive, Lower Allen, Mechanicsburg, PA 17055. Deputies were advised that the defendant no longer works for the company and had moved to New Jersey approximately six months prior to this date. SHERIFF COST: $44.79 SO ANSWERS, May 14, 2014 (Gj CountySuite Sheriff, Te'eosoft. inc. RONNN R ANDERSON, SHERIFF PENNSYLVANIA AMERICAN IN THE COURT OF COMMON PLEAS OF WATER COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW EVERHART & HOOVER POWER . LINE CONSTRUCTION, INC., : AND PENNSYLVANIA PERCS, . INC., Defendants NO. 12-0125 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of May, 2014, upon consideration of plaintiff's motion in limine to exclude the Sentinel news article, that motion is granted. By the Court, Albert H. Masland Mahlon J. Boyer, Esquire For Plaintiff ./ Stephen L. Banko, Jr., Esquire For Everhart & Hoover Power Line Construction, Inc. .ffrey B. Rettig, Esquire For Pennsylvania Peres, Inc. prs �'�15.4, sp-vi PENNSYLVANIA AMERICAN IN THE COURT OF COMMON PLEAS OF WATER COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW EVERHART & HOOVER POWER . LINE CONSTRUCTION, INC., : AND PENNSYLVANIA PERCS, . INC., Defendants NO. 12-0125 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of May, 2014, upon consideration of plaintiff's motion in limine regarding damages, defendants' answer thereto and argument thereon, the motion is denied. By the Court, Albert H. Masland, J. Mahlon J. Boyer, Esquire For Plaintiff �tephen L. Banko, Jr., Esquire For Everhart & Hoover Power Line Construction, Inc. /Jeffrey B. Rettig, Esquire For Pennsylvania Peres, Inc. prs cod; s�aviy STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbankomargolisedelstein.com `''" THE. PROT 2014 JUN 1.2 PH 3: 45 CUMBERLAND COUNTY PENNSYLVANIAAttorney for Defendant Everhart & Hoover -Power Line Construction. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN WATER COMPANY, Plaintiff v. EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. AND PENNSYLVANIA PERCS, INC., Defendants DOCKET NO. 12-125 CIVIL ACTION - LAW JURY TRIAL DEMANDED . PRAECIPE TO ENTER JUDGMENT ON JURY VERDICT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R.C.P. No. 237, kindly enter judgment against Plaintiff on the verdict returned in the above -referenced captioned action by the jury on Tuesday, May 20, 2014. In accordance with the Certificate of Service attached hereto, a copy of this Praecipe has been served upon counsel for Plaintiff. Date: (-0 16, By: Resctfully submitted, MA 3e • IS = DELSTEIN E' HE L. B NKO, JR. Counsel r Defendant, Everhart & Hoover Power Line Construction, Inc. au-N).Ak\,\ azA '‘\\t#\ rwaao 'cx"Jel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN WATER COMPANY, Plaintiff v. EVERHART & HOOVER POWER LINE CONSTRUCTION, INC. AND PENNSYLVANIA PERCS, INC., Defendants DOCKET NO. 12-125 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF JUDGMENT UPON JURY VERDICT AND NOW, this io9-- day of c.)-- , 2014, upon Praecipe of Defendant, Everhart & Hoover Power Line Construction, Inc., and pursuant to Pa. R.C.P. No. 227.4(1)(a), Judgment is entered in favor of Defendants and against Plaintiff, upon the verdict of the jury which was rendered and recorded on May 20, 2014. Notice of the Entry of Judgment is to be provided to the parties pursuant to Pa. R,C.P. No. 236._ Date: (.Q)hLf By: Plaintiff, Pennsylvania American Water Company c/o Mahlon J. Boyer, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard ' Suite 100 Wyomissing, PA 19610 DISTRIBUTION LIST: Defendant, Pennsylvania PERCS Inc. c/o Jeffrey B. Rettig, Esquire Law Offices of Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-01069 Defendant, Everhart & Hoover Power Line Construction, Inc. c/o Stephen L. Banko, Jr. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 101 " day of 2014, and addressed as follows: Mahlon J. Boyer, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center 2 Meridian Boulevard Suite 100 Wyomissing, PA 19610 (Counsel for Plaintiff) Jeffrey B. Rettig, Esquire Law Offices of Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-01069 (Counsel for Pennsylvania Peres, Inc.) MARGOLIS EDELSTEIN Gayman, c;ret� ryAng