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HEMPT BROS" INC.,
a corporation,
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
C. ~ 41!' 3&
NO, /.1) - .' CIVIL
THE LANE CONSTRUCTION
CORPORATION, a corporation,
SEABOARD SURETY COMPANY, a
corporation
f;,-wt
and :
.
.
:
Defendant(s)
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are wdrned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
FOURTH FLOOR
CARLISLE, PA 17013-3387
PHONE: (717) 240-6200
NOTICIA
Le han demandado a usted en la corte, si usted quiere
defenderse de estas demandas expeustas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion, Usted debe presentar una apariencia
NO.
CIVIL 1995
4 '
HEMPT BROS., INC"
a corporation,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff
.
,
,
.
: CIVIL ACTION - LAW
v.
.
,
THE LANE CONSTRUCTION
CORPORATION, a corporation,
SEABOARD SURETY COMPANY, a
corporation
and :
,
.
Defendant(s)
COMPLAINT
AND NOW, comes the above-named plaintiff, by its attorneys,
Metzger, Wickersham, Knauss & Erb, and brings this action against
the Defendants in the above-entitled case upon causes of action
whereof the following is a statement:
1.
plaintiff, Hempt Bros" Inc.,
is a Pennsylvania
corporation, with a principal place of business at 205 Creek Road,
Camp Hill (Lower Allen Township), cumberland county, Pennsylvania
17011, and at all times relevant hereto has been engaged in the
business, inter AliA, of manufacturing concrete and stone.
2. The Defendant, The Lane Construction corporation, a
corporation, has a place of business at 965 East Main street,
Meridian, connecticut 06450, and also a place of business at
Grantville, Dauphin county, Pennsylvania, and at all times relevant
hereto has been engaged in the business, inter iU.is, of road
construction.
.
3. The Defendant, Seaboard Surety Company, has a place of
business at 4900 Derry Street, Harrisburg, Dauphin County,
Pennsylvania 17111, and at all times relevant hereto has been
engaged in the business, inter~, of insurance and surety bonds,
COUNT I
HemDt Bros,. Inc.. Plaintiff
v, The Lane Construction CorDoration. Defendant
4. The allegations of paragraphs 1 to and including 3 are
incorporated herein by reference as though herein fully set forth.
5. The Plaintiff, at the special insistence and request of
the agents, servants, and employees of the Defendant, The Lane
construction Corporation, acting within the scope of their
employment, sold and delivered to the Defendant, The Lane
Construction corporation, goods and materials at the times, in the
amounts of, of the kinds, and for the prices set forth in a true
and correct copy of Plaintiff's book of original entry, copy of
which is marked Exhibit "A", and Exhibit "A-1" to and including "A-
**", attached hereto and made part hereof, which goods and
materials were received and accepted by the Defendant, The Lane
Construction corporation.
6. The prices charged for said goods and materials are just
and reasonable, and are the prices which the agents, servants, and
employees of the Defendant, The Lane Construction Corporation,
- 2 -
COUNT II
. >
acting within the scope of their employment, orally promised to pay
plaintiff for the same,
7. plaintiff has demanded payment from Defendant, The Lane
construction corporation, in the amount of $34,281.70, with
delinquency charges in the amount of one and one-fourth percent
(1~') per month after thirty (30) days, but the Defendant, The Lane
construction corporation, has refused and still refuses to pay the
same or any part thereof,
WHEREFORE, plaintiff, Hempt Bros" Inc" demands judgment
against Defendant, The Lane construction corporation, in the amount
of $34,281.70, together with delinquency charges in the amount of
one and one-fourth percent (1~') per month, together with costs of
suit.
8. The allegations of paragraphs 1 to and including 7 are
incorporated herein by reference as though herein fully set forth,
9. The plaintiff, at the special insistence and request of
Hemot Bros,. Inc.. plaintiff
v, The Lane ~Q~struction cor~oration. Defendant
the agents, servants, and employees of the Defendant, The Lane
construction Corporation, acting within the scope of their
employment, sold and delivered to the Defendant, The Lane
construction corporation, goods and materials at the times, in the
amounts, of the kinds, and for the prices set forth in the invoices
- 3 -
marked Exhibit "A-1" to and including "A-**", attached hereto and
made part hereof, which goods and materials were received and
accepted by the Defendant, The Lane Construction Corporation.
10. The prices charged for the said goods and materials are
just and reasonable and are the prices which the agents, servants,
and employees of the nefendant, The Lane Construction Corporation,
acting within the scope of their employment, orally promised to pay
Plaintiff for the same,
11. Plaintiff has demanded payment from the Defendant, The
Lane Construction corporaiton, in the amount of $34,281,70, with
delinquency charges in the amount of one and one-fourth percent
(1%%) per month after thirty (30) days, but Defendant has refused
and still refuses to pay the same or any part thereof,
12. As a result of the aforesaid, Defendant, The Lane
Construction Corporation, has been unjustly enriched at Plaintiff's
expense in the amount of $34,281,70,
WHEREFORE, Plaintiff, Hempt Bros" Inc., demands judgment
against Defendant, The Lane Construction corporation, in the amount
of $34,281.70, together with delinquency charges in the amount of
one and one-fourth percent (1%%) per month, together with costs of
suit.
- 4 -
COUNT I II
Hemct Bros,. Inc,. Plaintiff
v, The Lane Construction Corcoration. Defendant
13. The allegations of paragraphs 1 to and including 12 are
incorporated herein by reference as though herein fully set forth.
14. The Plaintiff, at the special insistence and request of
the agents, servants, and employees of the Defendant, The Lane
Construction Corporation, acting within the scope of their
employment, sold and delivered to the Defendant, The Lane
Construction Corporation, goods and materials at the times, in the
amounts, of the kinds, and for the prices set forth in the invoices
marked Exhibit IA-1" to and including "A-**", attached hereto and
made part hereof, which goods and materials were received and
accepted by the Defendant, The Lane Construction corporation.
15. The prices charged for the said goods and materials are
just and reasonable and are the prices which the agents, servants,
and employees of the Defendant, The Lane Construction Corporation,
acting within the scope of their employment, orally promised to pay
Plaintiff for the same.
16. Plaintiff has demanded payment from the Defendant, The
Lane Construction Corporaiton, in the amount of $34,281,70, with
delinquency charges in the amount of one and one-fourth percent
(1%%) per month after thirty (30) days, but Defendant has refused
and still refuses to pay the same or any part thereof.
- 5 -
17. As a result of the aforesaid, Defendant, The Lane
construction Corporation, has been unjustly enriched at Plaintiff's
expense in the amount of $34,281.70,
WHEREFORE, Plaintiff, Hempt Bros" Inc., demands judgment
against Defendant, The Lane Construction Corporation, in the amount
of $34,281.70, together with delinquency charges in the amount of
one and one-fourth percent (1~%) per month, together with costs of
suit,
COUNT IV
HemDt Bros.. Inc,. Plaintiff v,
Seaboard Suretv ComDanv. Defendant
18. The allegations of paragraphs 1 to and including 17 are
incorporated herein by reference as though herein fully set forth.
parts of the work or improvements contemplated,
,. ,
"
in the
19. On or about June 10, 1993, the Defendant, The Lane
Construction Corporaiton, as principal, and the Defendant, Seaboard
Surety Company, as surety company, executed and delivered to the
Commonwealth of Pennsylvania, obligee, a Payment Bond to secure,
inter Alill., payment in full of "all sums of money which may be due
by contractor or otherwise, to any individual, firm, partnership,
association, corporation, for all materials furnished or labor
supplied or performed in the prosecution of the work, whether or
not the said material or labor entered into and became component
prosecution and performance of its principal contract with the
- 6 -
Commonwealth of Pennsylvania and to pay all subcontractors, the
Plaintiff, Hempt Bros., Inc., being a subcontractor, for all monies
which may be due to the subcontractor, said subcontractor supplied
labor and materials in the prosecution and performance of the work
set forth therein. A copy of which Payment Bond is attached
hereto, marked Exhibit "B", and made part hereof, In reliance upon
said Payment Bond, the Plaintiff delivered to the Defendant, The
Lane Construction Corporation, the goods and materials and extended
credit to the Defendant, The Lane Construction corporation, as
averred in paragraphs 1 through and including 17,
20. On November 18, 1994, the Plaintiff, Hempt Bros., Inc.,
notified the Defendant, The Lane Construction corporation, and the
Defendant, Seaboard Surety Company, a copy of which Notice is
hereto attached, marked Exhibit "C", and made part hereof, that the
Defendant, The Lane Construction Corporation, refused to pay
$34,281.70, and demanded that the Defendant, Seaboard Surety
Company, pay said sum, but the Defendant, Seaboard Surety Company,
refused to make any payment, which refusal is a breach of the terms
and provisions of the said Payment Bond,
21, Less than one (1) year, have elapsed since Plaintiff,
Hempt Bros., Inc., last furnished goods and materials in the
prosecution of the work provided for in the contract for which the
Payment Bond was given.
- 7 -
22. Plaintiff has conformed and complied with all conditions
relating to and required of it under the Payment Bond attached
hereto, as well as applicable statutes, including the Notice
required under section 4(b) of the Public Works Contractor's Bond
Law of 1967, 8 P,S. 519(b),
23. By the terms and provisions of the attached Payment Bond,
and under the Public Works Contractors' Bond Law of 1967, 8 P.S,
5191, et seq" Plaintiff is entitled to bring this action at this
time to recover from the Defendant, The Lane Construction
Corporation, and the Defendant, Seaboard Surety Company, the sum
justly due and owing to it,
WHEREFORE, Plaintiff, Hempt Bros" Inc" demands judgment
against Defendant, Seaboard Surety Company, in the amount of
$34,281,70, together with delinquency charges in the amount of one
and one-fourth percent (1~%) per month, together with costs of
suit.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB
By:
Ro rt . Yetter, Esqu re
Attorney for Plaintiff
111 Market Street
P.Q, Box 93
Harrisburg, PA 17108-0093
(717) 238-8187
Dated:
August 21, 1995
- 8 -
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08/04/94
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LANE CONSTRUCTION CORP
PO BOX 400
GRANTVILLEt PA
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Exhibit "A-4"
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HEMPT BROS., INC.
STEELTON CONCRETE PLANT.
p, 0, BOX 278, CAMP Hill, PA
TELEPHONE (717) 939-9745
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BUR~AU OF CONST & MAT TEL:717-783-7969
.
Nov 15 94
13:23 No.004 P.02
PAVHttlT 1l0llD
I"",....
1l0ND NO.
KNOW ALL MEN IlV THESE PRESENTS. Th.t w..
Th. l",," Cvn..lru,"Uon Cor"....Uon
of 965 E..t "IIin Strut
M...iden, CD""""l.l,,..t 0~450
?1:.".,.4-Q1
A~ ~HIHCIPAL, .nd SKhROhRD SURETY COMPANY,
4900 Derry Ctreet, P.O. BUK 4500. HorriDb..rA, PA 17111-0500
a corporation, a. SURETY, .re h.ld and firmly bound untD tha Common-
waalth of rennaylvanle in tho 1ull and ~u.t .un ut tlfty-eight million
....iaht hundred tw.nty-aix thoU8end .ixty-ning and 40/100_____ dollar.
(....5B.BZ6,069.~U__', l.w,..l mon.y 01 tha Unlt.d St.t.. vt Am.ri~a,
to b. paid to the seid Conmonw..lth of P.nnsvlveni.. 0" it a..ion.,
to which p.vm.nt wall and truly to b. ...d.. He bind o..ra.lvlI." VU,'
h.ira. .x.c..tDra. .dministrator., and ...cce..or., ~ointly and
sov.rally, firmly by th.s. pro..nt..
S..lad with 0.... r.speotive s..l. and d.ted this ~ day 01
Juno A.D. 19~,
WHEREAS. Th. .bDv, bD~nden PRINCIPAL ~. und.rteken to
contr.ct with tho .aid Commonwe.lth of P.nnsvlvlni., by and
throuoh the Sgcretorv of T...nsportetion cov.rina the work
id.ntified b.low fo.. approximatelY tho sum of ___fifty-eight m111ion__
....iaht hundr.d tw.nty-six thou.and sixty-nine .nd 40/100 dollars
('___'8,826.069.40__).
For tho improvan.nt of . ca..tein S.otion of STATE HIGHWAY in DAUPHIN and
LEIANON COUNTIES, LONER PAXTON, WEST HANOVER, EAST HANOVER, and UNION
TOWNSHIPS. COII/IIDnwealth of Pel\nsylvania. STATE ROUTE OOal SEClION 004, STATE
ROUTE 0081 SECTION 007, end st.t. Ro..t. 007B SECTION 002. Thi. pro~.ct is from
the int.rsection with I-8S at Colonial RDad. D.uphln CDunty, and oontinuos aaat
onto 1-78 in Labanon County for approximately 1 m11.. Station 294+00 (SagMant
0704 Off..t 0565) northbD..nd to Station 870+72.50 (Seam.nt 0810 Off..t 2730)
northbound and St.tiDn 295+73 (S.am.nt 0705 Offset 0806) southbo..nd to St.tion
0+24.08 (S.am.nt 0811 OffsDt 2716) .outhbound on SR 0081-004, D.uphin CD..ntvl
.nd Station 0+12.04 (Segment 0814 Off.at 0000) no..thbound to Station 471+50
1~~D.~nt 0900 Off.et 2180) northbound end Station 0+12.04 (SeOMent 0515 Of1..t
0000) sDuthbound to StatiDn 471+50 (S.gMant 0903 Offsat 0067) .0uthbDund on SR
00al-0n7. Inhnnnn CountVI end Station 14+1B (SaaM.nt 0002 Off..t DODO)
ea.tbound to St.tion 48+30 (Sagment 0014 Offset 2447) ...tbo..nd .nd Station
10+3a (SeDm.nt nnn~ Off..t 0000) wastbcund to St.tion 48+30 (S.gment 0011
Offs.t 0154) w..tbo..nd on SR 0078-002 in lebanon Co..nty. For the r..bblizina
.nd ...tino of the .xl~tinD ooner.t. p.ve..nt and ov...laving with s..bb8.a and
plein e.m.nt conc..et. paven.nt. RPS. 14" dapth, the Hide~ing .nd oonetr..ction
Df ODMP1.t. nDW pr..tr....d conerat" hnv b..m s..parstruoture$ on 12 bridges,
tho rehabilit.tion and wid.ninD of two pr..tr....d eane...te box b.am brida.a.
Dnd othor ..DI.t.d item. of wDrk, .11 within "n Dvn...ll P..D,.ct lenath Df
102.951.83 f..t (19.498 mil..) .. indic.t.d an tha drawing. .pp..ov.d
M...oh 19, 1991.
OS/25/93
39
CHS,D930525.T2242l2.C085l72(CONTRACT)
Exhibit "B"
BUR~AU O~ CONST & MAT TEL:717-783-7969
Nov 15 94
13:23 No.004 P.03
.
and
'-'
WHeREAS. it wag Dn. of tho conditions of tha aw...d Df ~ha
Sac...tary of 'I ran.port.UDn, aoUnll for .nd VII II"t..lf of t.h. CO....Dn- ,
waalth of Penn.vlvani., p.....u.nt to which ..id contr.ct was und...t.k.n
by the PRINCIPAL thet th... p.....nta should bv ,,~,,~ul.~, to b.com.
binding upon the dote .aid contr.ot i. app..oved for the OfficI of
tho Iludg.t, bv the CD.ptroll....
HOH. THEREFORE. The cDnd1t:l.on of th1a ob1:l.II.Uon 1. ..."h lh.t 1f
thl .bov. bounden PRINCIPAL .hall .nd will promptly or CIU., to bl
peid in full .11 su.s of non.y wh:l.ch m.y b. due by DDntractDr or
oth.rwi.e, to any individual, firm, partn.rship, ...oci.tion, or
corporation. for all m.t...i.l. furni.h.d or l.bDr suppl:l.ed D"
p.rformed in the prDsecution of tho work, wheth.r Or not the ..id
mat.ri.l or l.bor antored into snd blolme co.ponent p...ts Of the work
or improv...nt cont.mplatad. .nd for rantal of tha aquipmant uSld end
.arviee. rend.r.d by public utilitils in, or in connectlon w:l.th. the
pros.o..tion of such wD..k, then this oblig.tion to be void. otherwi.e
to remoin in full fo..o. and effect,
Th. PRINCIPAL .nd SURETY herlby, ~ointlY and .ev.r.lly. agre.
with the obligle her.in th.t any individual. fi..m. par~n.rship.
..eooi.tion or corporation. which h.. p...form.d labDr or fu..nishad
materi.l in tho pro.ecution of tha work a. p..ovidad, and any public
utility which has rendlrad ..rvlcII in. or in oonnlction with. tha
pro..oution of .uch work, Ind which has not b..n paid in full ther.-
for. ..y .u. in .....mp.it on this P.yment Bond in his, their. or ite
own n.nl .nd m.v pro..out. tha ..m. to final ~udg.m.nt for such ...m Dr
...M8 .. may b. ~...tly due him, th.m. or it, .nd have .x.c..tiDn th.r.-
on. P..Dvld.d, how.v.... th.t tho CDmeDnw..lth .h.ll not b. li.bl. for
tho p.vm.nt of any coats or exp.n..s of such euit,
Reoova..y by any individ"Dl, firm, p.rtn.rship, ..eoci.tion or
cn..pn..fttion h......nd.r sh.ll b. s..bject to tho provi.ion. of the
"Public Horks Contractors' Bond Lew of 1967". Act No. 385. .ppraved
ne~e.b... ?D. 1967. P.L. 869, which Act shall b. inco..porat.d h....in
.nd ~ade a pa..t hereof, .~ f..lly and compl.tely .. though it. pro-
vision. w.re fullv And At 1.ngth h.rein reoitod.
It I. fu..the.. p..n~~rlnrl thet env .It.r.tione which may b. mada in
tho terma of tho contraot Dr in the work te be don. or m.tori.l. to ba
fu..nished Dr 1.11Dr to be lOlIppH"rt Dr perfD..ned und.r it D" thl giving
bv the Commonw..lth of .ny ext.n.ion of tim. for tho p.rfarmeno. of
tho oDntreDt or ony ot.h... forba....nr." nn tho pa..t of .itha.. the
Commonw..lth Dr tho PRINCIPAL to the oth.r. shall not in .ny way
reloDeo tho PRINCIPAL And tho SURETY n.. !lURETtES 0.. .i ther or anv of
th.m, th.ir h.i..s. eXecutD"., edmini.tretors. .uoo...ar. Or ...lgns
f..D.. thDi.. liability h.r...nd..., nDtice to th. SURETY D" SURETIES of
eny ...ch alt.ration, .xt.nsion. or fa..b..ranee being her.by w.lv.d.
IN WITNESS WHEREOF, the ..id PRINCIPAL .nd SURETY heva duly
ex.cut.d th.. a.nd ..nd... ooal th. dAY .nd y.... fl...t .bov" written.
05/25/93
40
CMS,D930S2S.T224212.COSS172CCONTRACT)
HURE~U OF CONST S MAT TEL:717-783-7969
Nov 15 94
13:24 No.004 P.04
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Th. L.n. Construction CorpD..ation
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Title
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llEAIlUAKU llUIIKTY COMPANY
Sur.tv COIllP.nv
.~tll '" Witness all to Surct)/: Bv
15..1) Robert W Squiro
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Attornev-in-Feet C.rtifio.tion
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- ....Th. ..nd....ign.d .ttorn.v-~n-f.ot by .x.cuting thi. p.vm.nt
Ilond cortifi.. th.t he/.he i. lic.n..d wlth the oompenv named ..
...roty fo.. this bDnd bv the Penn~ylvnni. In.u...nca Depsrtment .nd
thot to the best of his/h.r knowl.dg. the ..id ...r.tv i. lic.nsad
with thD Ponncvlvonia Inauranoe D.p...tmnnt.
INSTRUCTIONS - Pl.... .ign wh.... indic.t.d 1<--), If CDrPDration,
.ign by P....idont 0.. ViDa P....ld.nt end .tt..t hv Socr.to..y or
Traasurer. Affix se.l. If Partner.hip, .ign bv ..ch p...tn... .nd
witn... .i.n.t..... of aDDh "D..tner. If Individ..al. .ign hy
propri.tor and witn..., Indicat. sur.ty co.p.ny, .ign by atto..n.v-
l,,-r.ct erA licon.od Ra.idDnt Agont Only), .btein wi tn... .Ian.tur..
affix surety cDmpanv'. ...1. Attach Powor of Attorn.v, with embo...d
...1, lu lilt.. ptlll',
05/25/95
41
CKS.D950525.T224212.coa5172eCONTRACT)
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~ MRT TEL:717-783-7969
No v 15 94
13:24 No,004 ?05
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CERTIFICATE OF REINSURANCE
THI S IS TO CERTIFY THAT S'J'. PAUL FIRE AND MARINE iNSURANCE Cl)Ml!hNY
a corporation organized .nd existing under thB ).ws of the State of M1nnoAnta
.nd quallf1ed 1n the State of l'onnAylvania to provide, relnsur.nce upon surety bonds
hu accepted I"OIt1'Y NINE MlI,LION E1CH'I' HUNDRED 'J'WKNrY SIX 'J'1I0USAND SI XTY NIII'll AND 4(1/100--.
($ 49,826,06!1,40 )DOLLARS, covering so IlUch of the rhk aSlUllllld by SIlABOARD SURETY COMI'ANY
, a corpor.tlon organ1zed to write surety bonds under the laws
of the State of Now York I .s shall be 1n excess of N1N~ HILL10N AND 00/100..-
--.------..--------.------------------------OOLLARS ($ 9,000,000.00 ), by reason of B
bond oxecuted by u1 d SBAlIOARD SURK'J'Y COMPANY , as Surety, with
'1'112 LANE CONSTRUC'rtON r.ORPORA'I'lON , 96S E. Knin Bt.. Hedden, CT 064 50, as Pr Inc1pa 1
In the sum of "IFTY Illt:tl'J' MILLION HIGHT UUNDItKD TWBNl'Y SIX THOUSAND SIXl'Y NINE AND 40/100
($ SH,826,069.40)DOLLARS for the perform.nce of cert.ln work and labor, vlzl
Contract No. IIIS)72 - In;IIUValeDt of It certsln Section Df SrA'IE umlWAY in O\lJPH1N and ~ <XllNl'IES, 1a.f:R
,
I'Alam, W!SJ.' lloI.'IM!R, !lAST 11A.'IM!R, snd tmaI TGlIll.1IJI'S, Ccnra'6Ioa1th or l'emaylwnia. SfA'IE R:X1I.E 0081 s..ccion
WIt, 81,^'I1:: IWltl 0081 Section 007, and STA1E IQJl'E 0018 Sectim 002.
for the COllHONWEAl:J'1I 0.' PENNSYI.VANIA. Ilepartml!nt of Transportation. HonLaburg, PA 17120,
as Obligee, and said ST. PAUL ~IRE AND MARINE INSURANCE CO~I'ANY hereby expressly consents
that It .hall be liable directly to ..Id COHHONWEALTH or PENNSYLVANIA. Deportment of
1fBneportatinn and that Bctlon may be brought directly by said
COMMONWEALTH or PENNSYLVANIA, DepartmenL oC ~fon.portatinn
against it, for Its proportion of eny loss sustained under said bond to the extent of the
liability assumed by Its reinsurance agreement with the said SEABOAkD SURETY COMPANY
DATED at HBrriaburr., PA
,this 10th day of Junc, 1993
ST. PAUL PIRE AND MARINE 1NSURANCF. COMPANY
(Surety)
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BUREAU OF CONST & MAT
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TEL:717-783-7969 , Nov 15 94 13:25 No.004 P.06
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SlABOARDS1i.RB1YCOIIPANY ':', ,,0 "" '~: ",
ACMINISTPlATlVI! OFI'IOEII. BI!OMINllT&R, NEW JERSEY '
POW!!" 01" ATTORNEV '
KNOW ALL Ml!N 8'1 THI!S! PRIIENT&: That SEABOARD SUREn' COMPANY, a corpor.uon clIne Slalll olNolw V~Ik, hila
m.<!p. C''''511Iultd anll.ppolnttd anll by theM prelenlllloel make, conl\llUIt ana appoint Doug laB. C. Stllgu or
Linua L. Fol1e~t or ~ar.n L. ~i11er or Tammy J. Hoover
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.ctr1lli.ll CaPr ' ,
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01 Hllrl'leulu:9. l'ennaylvania '.-
II' \lUll III 'v 1"..luIAl1a,noy.ln.FDal. tD moll'. e.Kul..nd delhl_, IIn 110 bIIIIlIlnauranoe pOllcloa, aurwlybondl. ulldertaklnga8nd
other 1""I,y",enlt of .lmllor n....... II 10UOWA' Without Limi tatJ.ons
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Such Insurance 'pOhClel, IUrtlY bDnlll, ulIlJllr"klngl and Inltrumen" lor Il4ld purpo'lIl, when duly ~.ee\.rtAll by lhll alore.~fd
Altorney.,n.FlcI, IhaUllIIllh'lling upon Iho Nld ComplIny ..Iully .nd to thll80"" .dMI .ell lillned by Ihe dulV aullibrlzl/tl
Ofll""IS ulll "" Company and "alod wllh 110 co'porat. a..l; Inclell the aal. 01 aalo Altorney;Cn-Fllct, purauanf.to the aUlhoiliy
horeby 9i~en, arD heroby ,.'lfl,d .nd conll,mtd, "
Tnl, appoll1l1tlunllo midi pureuanl to IhD fallowing IIy-LewI which w.re lIulV .llollltd bv lho Boa~, 01 PlreqtplI 01 IhlllIBld
COnlpllnyen Oooelllbar Bth,.'027, with Amondm.nla 10 lInd:lncludlnll'JanUllry 15, 19&2 .nd ara .\II1It\.full.torce Bod a"OCI: I.. '"
...n~'CLCVii,6CC1'ONt: '. " .,... .',
''Ponel,.. Mlteb. 'tcOInIIlftCtt, tlpulltlOnl, 041"".... OllUrtI" un'" ....lta4 ~. ancllftttNmenit '''';'''''~'''''O. . : '. . . : I:', '. .
In."",..M ~C>l,c..." benOl, .ecognl,oncn, Illpul,UDna,conaenl.",.urtIY ena uno'!W'lu,," u''''M~~'I'9' oflh, CO'"f'~" InO Wlta..., 'p'''lI\t~I' .~O "'.~
Wfll'"At '''101Ing Inany way "!WI.to trrtoany cl,lm or 10., '~orou"d.,. "".U b.llgNd In"", ".mft ."don bClhlll 0 the'Corrip.n~ '. I' ", '1 ,I.'
f'l hf'~ Chlll'",,_" ft' II.,. ktwlh1. 'hi P,.ldenl. I Vlct,Preslde'" of. Aukttntyjoe-p,.,ldenltnCl by Ihe So;ret.,y, an A....l.nl SfIcretarv. a A.aUMnl
Sfefe'lff 0' . R"ldllnt At,lltln, s.erotlrYo or {b) by In Anorn'Y."','lot fo, th. Company .ppolnlliO M(lIlulhOlll00 Dttf\. en~lfllI.'1 u: "* ec..rd ~,
P,..,I(lonl Of . Vic..PtOildtnIIO milD wen "ontllute; Dr tnl DJ' au"l. un... 01110.,. or .op*.ntall"o.., IN 8~I'cI rNIJ'.lrcuG tlnw 10 II".... ....t'rmIM.. '.
TtMl will \A It"o Cnmpln, Ihlltlll.p,'O'"". be .tfj.td thtr.lo by ~,,~ 'lH".h ntllnlr. AUo,nlly.ln.f:.ct 01 tlOreMnt.'iwCl.... . , t
IN WITNE88 WltlRIOF, GEABO^RD SURETY COMPANY hat e~uAed thoeoprO&elllS 10 be signed bV OIlOQf Illl'VIS'l'-
l',e,ldenl., Dnd Ite co'poratt 5..1 to bll h~rountn Affl.~d find duly allealed bv one DI Itl Asslstanl SecrelAriel, Ihls ..2,1.1;1):;;.,
day~I,.. AU(Just. ,111,9.1, . .... ':j ','
'S1;" AIlea:: , "'BEA'O}RDfJH'Crf}O~P~'" ,..; ~'; :::i: :!',
l~tG;':1 (SeOIl~...a...,..~Q~: ~,~.~..,...,..:.....,..:...,
~_.- ." . .....I.llInt sec..lalY '
STATE OF NEW JEHtll:Y IS' " '
CQUNIY OF llOMERSI!T .. , , ,.:i
un tnl6 ";l;Itoh",-..,,.. aoy vI ...,......"AI.I9u.fj,\:...........,.....:,.,....,::.:.....,.............:"..,..'" 111,511.,..., b8lor..m.i>B'5pn.U'y 1I1'~"..rilr1 ::,
" '............, ..Ml'ehtlel-..B.,:..J(ulll;lMn....' .........................:,..,..'.:1,..,..,". .,V1-PrB,!cI.nt of SFAflOARCS.URETY COMPA~,
..II~ whDm 10m per""nOlly DDquelnl'Bd, WhD. being by me dUly Iworn, IlllIII Ihll he rOlldes In Ihe Slalo 01 ..llIa\!r."Jet'liUlY-.;
thaI ho i~ a Vlell.PrOtldlinl 01 SEABClARn SI JRF.TV COMPANY,lhe COIJIOr.Uon delCt'lbed In Bnd which execuled Ihe loregolng
instrv.""en' ;'lhiJl h~ tno.welho corporalo losl ollhe saId Complny; thllt IhOellB! alflxlllllo Bald In,t,rumenll, auc~ borporllle leal;
thalli W~I 80 affixed bvorderDlthe Board 01 Directors or,l.ld COlJ\pany; and lliat he~1g hl~ n.l'I)&l~tlre!a.ll~~!~8lI10enlpf
ll8'd(:ompan by IIko8ulhorlly, ' ,,'::: :~_.,,!lJ:.~
, . I'tU\..~ III, ~UBHI'OI\I' .,., ',- ~ .,.....~~P" "
f(~,~" \ NOlAnY p.'au~,OI' N~w JmslV 'j,.', " ,,'i,' ' v' ".:.~" _;;or:--;?"",;, 'if~
(~o.,1t ",' ~ ,lAy (,:r.. ..,..lr::U\I., Etrlre. Jun"? " :,' ....,;.. :.:': ...........1..1.. .......... "j'I'.' . ":l'~'" ':w.. ". ..,~.. ,l.
<IIi .~. I'. .".j ',' ':,.. '1' , ,., ". 1.1f .,1.' . OI''YPubl~ :\,
. . . .1 1\, ~.I.R T:" '.:Lcr;'~~'. '.' . '. '~,\"" .1:' ,~';': ~::;I ...... 'i';; \'\.
I Ih~ una . 'ontfl {lII'.'"nt !jtocro't1y O'.StABOI\~D su.~ErY COMPANV dollt.ttJyCBnll,ln.llht Of'O".' Powe,o' A~O,"', cl WIllen lI,t'OIllOol;I' .
'.1uII, \'00""11 co, tOt ~opy,11 '" 1.llla'...lndoUtCI nn Intdl't 6lthl1 Corf"iC"~ ,nd I~. 'Urine. 04nily IMIIhI VoCH>'e.Jdtntwno "'OING 1I1q..,O 1'0 n", '
AUornei "'., OM' 0' thO (,"tOt", 'ull'1nn,..n tl1 U1U bUDl" ul 0;""""'1'1& .ppOl1\t .r\!."omty-i."....e.t.. provldod In ^'110'O '\Ill. Q~IO" '1, 0' .t,. ,y,..... of' .:
t'''ab^RPs...p.F1y~O...~...~v. . ':, " ';.', "". I. .'- ,... " '. 1i"1 .:. :", .,~ ~.\ ..1' ,I
1111' Ce'hf,......'."'., bDltgn.a Ind ao.led hy Ilc"',~i'O .:nOor II/ld by loth."'/a' t~II"'lawl'g '..o,ollon of Ihel~e.~\Iv. (lomMiuea 0' 11,8 aOtl~ DI ,.
t>"o.to~ol SEAlIOARlI SUIIF.TV COMPANY... rnetU~g duly c'""" tnd h."'..,.IIIo:let. .'V.", MtICll11110.. '."::." .'. ," ,.', I;,,: .'.
'he.&OL.Vlb. Cl. TII.' 'h..... of, II pitlllOd t.CIJmil" o. t'" cofpbr"1 ~.I" t.,.-Qomtaj~)' .ncl 01 }h. "pN''''. ol4n AI.I...."I S-"ntA'y> n'l"nv.
a;orIH'~lnC:.n oft~t'i\f'ttl".Ui nllll Mf'IV nf.in l~,h"rl'lenl..ecuttd by'h'l' Plflillcein1 o;aVIC.-.I:Ir....,.n1Pufau.nl to"nlc)'VII,Sucli.on 11 Of lriley-L.t.. .:;
I~pc,!m'"g .n4.lulnolloJrl!l In .U"'ney.ln"ICI'o Ilgn In the ";"'0411<I 0~4IoNlllpl,11Io OPrtlPIi1, .llT~Iy.lll>lId..'~nq'".ri~r'g,~lI<Ien~kIllP.,9" 1I1~1 . i' ,
. h'llru.m'~1 dC.5~'Il.'G~ In aeld AftlCJe \III. ~ttttO" '. Wlln Ilk' fIItltet.. h auoh ",IJ..nd ,,,,,h _lyfl.tUICf 1&cI" w-r" .(","uDII, .lIlllcd ~."" 11l'.a,.I~~Otir 10 .;':
, ~J'v;,;1~r~~:;~:bFI"l,8~ hol~u",'O '~I:~v:i!~il.iJ'..ff.~'I', ~~i~;~~~~~tf~(~~:~ ,;J~I l.tl~'~i,;~~~~i~ t~~~.l~4.~h\,~, \\\'<
". . .1/:....,;",:_..J....,.I(O.{1f...:,. aaY.Of..."'I'." ..,1,,\,,"',. ~ . ......,\li:r"l'.'...,. .~o-r..5,.'.;;fl' ~ " "t.,. '~. 1':/_",'" J!)i~..,\,\
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Fa< Ylr~llc"oo IJ Ihlt nuthonticl1y 1lI1hi,I'oNnr 0\ , Jlnrnuy I'DU mllY cllll, tOIl~tt, OllO.r.ss'3500 Ind 05k for Ine Pt:<v.e. Df Ana,nlly cle,k, PIBi>ICl raler 0 ,,,. "<>we.
(II /UtOfnDY numoor. tho cbow nnlnnd IncJiYkIIl:Jt(r.) l"'~ rl<-tltll!l C'f Iflt! hMtll(I wllIC'l1 th" ~r I,. Aunct1nC1. H\ Npw 'Y\),~. [11"1 ?111'-otN~44
BUR~QL~ONST & MAT ...H1.:.?E.:??~.~?51f&_, ". NOli 15 94 13: 26 /1:0.004 P .07
........ .1H5 WR6hlnlt1on Slrcfl. ~'t,I'~i1I, Mlnnrbllla 55102 AlJl'lluKI'IY 110:'
(:jo:tu'mED : ','. h.,. ~,r1f~.tjt)n III tht .,nhrllhchy ollhl~ r".....l'I' 01 AllUfJlt'Y, )'(111 nUlY fCJephOtlt klll r.w J,"'.}..JZI.~UOdlllJ'.,k rl""' .,:, 'ErG- 4'7 6 ~':~'
c:<<W\' NO. UlC' "o"'('''('I( AllUnlty Oflk.lllcw.c n:(t, I" Ihe C:crllnl.tlt "r ^lllhnrily Nil. line! lb.. ""111M IndlvJdu"'h),1 '. ' .~" " . ~ ,:"
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Vf.0044) OKIGlNM.l'OWER OF "'I'l'O~NEV' , . ., " ,':, ,;:::
)(NU" AI.I, Mlltl nv TH~S~; PRr,sENTSI 11111 SI, r.ul.1" and Marlrit IDlur.nct I:,,,opa\\).n<<vt>oron,., "'~"'"uod III~ .",'IN! :aid... 1"".",. nt ,lit $1".
('If Mlnnuull1lla"lI18lh flrim;.lpil! CJffiCf 11\ ,tiC' (,'11)' or 51. rAul, Mlnflt'lUIU, 11<<. h;trh)' ClldllU"'f and" 'MifJilq\: , " . . . ': .:
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OouglAA C. Stago, .Llnda L.
Harrhb\1l'g. :Pennsylvan1a
Follett. Karlin dL, HU1er. .TeuWay,J.: Hoover. lnd~vld\llllly,',
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11\~~hUlh~ '"11~'.hq' ft'~lIn.. Cl,ftllplttlry tit \00 n.'Uff thcrt'U(, .I'it.!. .1~'''!'lllo\J' bt r,I~~",i:;~I' ,~~,~l~" ~r,~~lll'tJ b)' Ja~, "".t.,.,~": '~'~fll'.'!~;.Jlt.,.t~'!I'~"
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II1Ill d,. .....uI1pn of "" .lIOb 11lJt'\lI.m~" ill Pllltu.n.. "r Ib.~ lW.i-n"!~ (!:tltiu\ "I~U ~~I ~ ' :~lo\',\litf ,,\~ iII.itriJ ~~\~fIlil~.I(~\,!,\U,\W:~ ",Ii; I(
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III, ~'roI1nl~,j <If,fI'.I'Aln. nRIl ANII MAIlINE INSVKANCF. COm'~NY ~' 'liU~'t.,1n\l a/Jclh.ld on 1/1': 'l~tli iUYilf (,pilf, , Y'V'''/,iV1Uclll!i<,y-;Jirrfi ijl'
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.' II) 1\1 Ol'llQll\I AulllVltYI'II\."CI, In.z 10 O"'h""'. "'~~, ,.. "i'"'' '''I t.Jlitoljir 14. jhd~n"~, MilA,...h 'I" G.l41..r IIll' ~l'\'lfr\"Y, ,11.\.10; \'Pn:l. \"1,,
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~~ NOTARY ~liDllC or NEWJEaSEY,~:":",'):~~:':':" , :.":,;',1,.
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ANV INSTltl'M~;irl'lSSUUD IN t:l(I:~;SS OJ1THJ; I'.;NALTY AMlII:N1':"1ATEIl AIII)~~'lk,jor..\LtY "'(111I AND~vriHili;;:'~:Ni:\ii.'lil/1'\', . '
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INC.
. CRUSHED STONE
. SAND. SLAG
. TRANSIT MIXED
CONCRETE
. ASPHALT PAYINQ
MATERIALS
. DRAINAGE. PAVING
. EXCAVATION
. STREET AND DRIVEWAY
CONSTRUCTION
November 17, 1994
(C(Q)flf
CERTIFIED MAIL
RETURN RECEIPT REOOESTED
The Lane Construction Corp.
P.O. Box 400
Grantville, PA 17028
The Lane Construction Corp.
965 East Main street
Meridian, CT 06450
Seaboard Surety Company
4900 Derry Street
P.O. Box 4500
Harrisburg, PA 17111
NOTICE TO PRIME CONTRACTOR OF UNPAID CLAIM
Pursuant to Pennsylvania Statutes, you are hereby notified
that Hempt Bros., Inc. furnished The Lane Construction Corp. with
labor and materials in and about the construction of a certain
section of state highway in Dauphin and Lebanon Counties, Lower
Paxton, West Hanover, East Hanover, and Union Townships,
PennsYlvania, State Route 0081, Section 004, State Route 0081,
Section 003, and State Route 0078, Section 002. True and correct
copies of our invoices showing the nature of our work and materials
and the amounts charged are attached hereto and made part hereof.
Also attached hereto and made part hereof is a statement of our
account with The Lane Construction Corp. for this project, showing
all credits for payment, and an unpaid balance of $34,281.70, which
sum is accurate and due.
We last furnished The Lane Construction Corp. with labor and
materials on September 6, 1994, and if we are not paid the sum of
$34,281.70, within ninety (90) days from that date, an action will
be commenced on the Payment Bond filed with the Commonwealth of
Pennsylvania.
Very truly yours.
EnClosures
HEMPT
pt, Presldent
Exhibit "e"
OTHER PLANTS. 1'oland,P..
I"J',
-PtIon.t30.VW
VERIFICATION
The undersigned, being the President of Hempt Bros., Inc., a
Pennsylvania corporation, makes this Verification on its behalf,
being authorized so to do, certifying that the foregoing facts are
true and correct to the best of his knowledge, information, and
belief, and further states that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. 54904, relating to unsworn
falsifications to authorities.
Dated: August c:;! 1, 1995
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COMMONWEALTH OF PENNA:
COUNTY OF DAUPHIN:
SHERIFF'S RETURN
NO. 95-4636
PAGE 493
AND NOW:
Sept. 6th
19 95 .111 9:27 A. M.
SlmV~:D 'I'IIP.
UPON
WITHIN
Canp1aint &. Not1c~_.
The Lane Construction Corp. &. Seaboard Surety co.
BY PERSONALJ.Y
HANDING TO Dave Stego, accounting Executive and person in charge at time
of service
A TRUE ATTESTED COPY OF THE ORIGINAl. Canplaint &. Notice
AND MAKING KNOWN TO
him
THE CONTEN'rS THEREOF AT their place
of business, 4900 Derry St. Harrisburg, Pa.
Sworn and subscribed to
befo," mo th~"i X:.;;;;Pt.
PROTIIONOTARY
BY
19 95
SIIERI\:I:'S COST $ ~..r:.;J..s-
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The Lane Construction Corporation, a corporation
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95-4636 Civil Term
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To PLAINTIFF, HEMPT BROS.. INC..
You are hereby notified to file a written
response to the enclosed Answer, New Matter
and Counterclaim of Defendants, The Lane
Construction Corp. and Seaboard Surety Co.
within twenty (20) days from service hereof
or jUdgment may be entered~inst you.
~'&:
Michael P. Subak, Esq.
HEMPT BROS., INC.,
Plaintiff
v.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
THE LANE CONSTRUCTION CORP.,
CIVIL ACTION -- LAW
NO. 95-4636, CIVIL TERM
and
SEABOARD SURETY CO.,
Defendants.
TBB ANSWER. NEW MATTER AND COtJNTBRCLAJ:MB 011'
DZI'ENDANTS. TBB LANE CONSTRUCTION CORPORATION AND SEABOARD
S1JJU!:'l'Y COMPANY. TO TBB COMPLAJ:NT 011' PLAJ:NTU'II'. HZMPT BROS.. INC.
Defendants, The Lane Construction Corporation ("Lane")
and Seaboard Surety Company (nSeaboard"), acting through their
undersigned attorneys, file this Answer, New Matter and
Counterclaims to the complaint of Plaintiff, Hempt Brothers, Inc.
("Hempt") .
ANSWER
1. After reasonable investigation, Lane is without
knowledge or information sufficient to form a belief as to the
truth of the averments contained in paragraph 1.
2. Admitted in part, It is ADMITTED that Lane
maintains its headquarters at 965 East Main Street, Meriden,
Connecticut 06450, maintains a place of business in Dauphin
County, Pennsylvania and is engaged in the road construction
business. By way of further answer, Lane is incorporated under
the laws of Connecticut, and has its principal place of business
in Connecticut.
3. Admitted.
COUNT X
4. The responses to the allegations of paragraphs I
through and including 3 are incorporated by reference, as if set
forth herein at length.
5. Admitted in part, Denied in part. It is ADMITTED
that pursuant to a written agreement, Hempt sold and delivered
certain goods and materials to Lane. It is DENIED that such goods
and materials were delivered in a timely manner, and it is
further DENIED that such goods and materials were of the kinds
required by Lane. To the contrary, Hempt delivered certain
amounts of concrete after the deadline for delivery; and, Hempt
delivered concrete not in conformance with the Commonwealth of
Pennsylvania's or Lane's project requirements.
6. Admitted in part, Denied in part. It is ADMITTED
that said prices conformed to the written contract entered into
between Hempt and Lane. It is DENIED that Lane orally promised
to pay Hempt. To the contrary, Lane entered into a written
agreement with Hempt.
-2-
7. Denied. To the contrary, Hempt delivered concrete
not in conformance with the Commonwealth of Pennsylvania's or
Lane's project requirements. Hempt also delivered concrete in a
non-timely manner. Hempt invoiced Lane for such substandard,
non-timely concrete deliveries. Lane refused to pay the invoices
for substandard, non-timely concrete.
COUNT xx
8. The responses to the allegations of paragraphs 1
through and including 7 are incorporated by reference, as if set
forth herein at length.
9. Admitted in part, Denied in part. It is ADMITTED
that pursuant to a written agreement, Hempt sold and delivered to
Lane certain goods and materials. It is DENIED that such goods
and materials were delivered in a timely manner, and it is
further DENIED that such goods and materials were of the kinds
required by Lane or the Commonwealth of Pennsylvania. To the
contrary, Hempt delivered certain amounts of concrete after the
deadline for delivery; and Hempt delivered concrete not in
conformance with the Commonwealth of Pennsylvania's or Lane's
project requirements.
10. Admitted in part, Denied in part. It is ADMITTED
that said prices conformed to the written agreement entered into
between Hempt and Lane. It is DENIED that Lane orally promised
to pay Hempt. To the contrary, Lane entered into a written
agreement with Hempt.
-3-
11. Denied. To the contrary, Hempt delivered concrete
not in conformance with the requirements of the project. Hempt
also delivered concrete in a non-timely manner. Hempt invoiced
Lane for such substandard, non-timely concrete deliveries. Lane
refused to pay the invoices for substandard, non-timely concrete.
12. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
COlJN'l' Z:U:
13. The responses to the averments of paragraphs 1
through and including 12 are incorporated by reference, as if set
forth herein at length.
14. Because the averments of Count III are identical
to the averments of Count I, Lane references its responses to
Count I.
15. See response to paragraph 14.
16. See response to paragraph 14.
17. See response to paragraph 14.
COlJN'l' I:V
lB. The responses to the allegations of paragraphs 1
through and including 17 are incorporated by reference, as if set
forth herein at length.
19. Admitted in part, Denied in part. It is ADMITTED
that pursuant to Lane's contract with the Commonwealth of
Pennsylvania, Lane and Seaboard executed a Payment Bond. The
-4-
Payment Bond is a document in writing and speaks for itself, and
any inconsistent characterization thereof is DENIED. With
respect to whether Hempt "relied" upon said Payment Bond, after
reasonable investigation, Seaboard is without knowledge or
information sufficient to form a belief as to the truth of the
averment.
20. Admitted in part, Denied in part. It is ADMITTED
that on November 17, 1994. Hempt sent Seaboard the document
attached to Hempt's complaint as Exhibit C. The document is in
writing and speaks for itself, and any inconsistent
characterization thereof is DENIED. It is DENIED that Lane's and
Seaboard's refusal to make payment for substandard, non-timely
concrete constitutes a breach of the terms and provisions of the
Payment Bond. By way of further answer, Seaboard avers that
Hempt failed to perform in accordance with the provisions of the
contract. By way of further answer, the averments of this
paragraph are conclusions of law to which no response is required
and therefore deemed to be DENIED.
21. After reasonable investigation, Seaboard is
without knowledge of information sufficient to form a belief as
to the truth of the averment contained in paragraph 21.
22. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
-5-
SBVEN'l'H AFl'IRMATXW DEJl'ENSJI:
30. Hempt has, by its own conduct, ratified or
otherwise confirmed all of the acts of Lane or Seaboard Surety as
alleged in Hempt's complaint.
EIGH'l'R AP'PIRMATIVl!l DEJl'ENSE
31. Hempt's cl~ims are barred by the applicable
statute of limitations.
NIN'l'R AP'PIRMATIVl!l DEJl'ENSJI:
32. Hempt has failed to take appropriate steps to
mitigate its alleged damages.
TEN'l'R AP'PIRMATXW DEJl'ENSE
33. No act or omission on the part of Lane or Seaboard
Surety caused injury or damage to Hempt. To the contrary,
Hempt's losses, if any, were caused by Hempt's own actions, over
which Lane or Seaboard Surety had no control.
ELEVl!lN'l'R AP'PIRMATIVl!l DEJl'ENSE
34. Hempt's claims are barred by accord and
satisfaction.
'l'WELP"l'R AP'PIRMATIVl!l DEJl'ENSE
35. Any damages claimed by Hempt or awarded pursuant
to those claims are set off in their entirety by monies owed to
Lane by Hempt as set forth in the Counterclaim below.
'l'RIR'1'EEN'l'Jl AP'PIRMATXW DEJl'ENSE
36. Hempt failed to comply with the requirements and
provisions of the Public Works Contractors' Bond Law.
-7-
PIRST COUNTERCLAIM
37. Lane incorporates by references its responses to
paragraphs 1 through and including 36, as if set forth herein at
length.
38. Lane and Hempt entered into an agreement, whereby
Hempt was required to provide concrete that conformed to the
Commonwealth of Pennsylvania's and Lane's project requirements,
and such concrete was to be provided in a timely manner.
39. Hempt provided concrete to Lane that did not
conform with the Commonwealth of Pennsylvania's and/or Lane's
project requirements.
40. Lane rejected the concrete that did not conform
with the Commonwealth of Pennsylvania's and/or Lane's project
requirements, and requested Hempt to provide concrete that did
conform with the Commonwealth of Pennsylvania's and/or Lane's
project requirements.
41. Hempt provided concrete in a non-timely manner.
42. Because Hempt provided concrete that did not
conform with the Commonwealth of Pennsylvania's and/or Lane's
project requirements and provided concrete in a non-timely
manner, Lane incurred excess labor and equipment costs.
WHEREFORE, Lane respectfully requests judgment on the
Counterclaim for an amount in excess of $50,000.
-8-
VERIFICATION
I, Robert E. Alger, state that I am an employee of Lane
Construction Corporation, that I am authorized to make this
verification, and that the facts as set forth in the foregoing
Answer and Counterclaim of Defendant, Lane Construction
Corporation, are true and correct to the best of my knowledge,
information and belief; and I understand that the statements made
in said preliminary Objections are made subject to the penalties
of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to
authorities.
Dated:
10-,3- 9S
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B/eIllI' CarOl Woller, : eounIY
EaltHanov..lWP'i~'March 16,1999
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CERTIFICATE OF SERVICE
I, Michael P. Subak, hereby certify that a true and
correct copy of the foregoing Answer, New Matter and
Counterclaims of Defendants, The Lane Construction Corporation
and Seaboard Surety Company has been served upon counsel for
Plaintiff via First Class Mail postage pre-paid, Monday,
October 9, 1995 as follows:
Robert E. Yetter, Esquire
Metzger, Wickersham, Knauss & Erb
111 Market Street
P.O. Box 93
Harrisburg, Pennsylvania 17108-0093
w
MICHAEL P. SUBAK
Attorney for Third-Party Defendant
HEMPT BROS., INC.,
a corporation.
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
.
.
v.
THE LANE CONSTRUCTION
CORPORATION, a corporation, and
SEABOARD SURETY COMPANY, a
corporation
No. 95-4636 CIVIL TERM
Defendant(s) :
PRELIMINARY OBJECTIONS OF
PLAINTIFF HEMPT BROS.. INC. TO
COUNTERCLAIMS OF THE LANE CONSTRUCTION CORPORATION AND
SEABOARD SURETY COMPANY
MOTION FOR MORE SPECIFIC PLEADING
PURSUANT TO Pa. R.C.P. RULE l028(a) (3)
1. Defendant, The Lane Construction Corporation's ("Lane")
counterclaims allege a written agreement with Hempt Bros., Inc.
("Hempt") but they failed to specify the date of the agreement or
to attach a copy to their pleading, pursuant to Pa. R.C.P.
Rule 1019(h).
2. Defendant Lane's counterclaims do not specify the time
and place whereby Plaintiff Hempt allegedly was to supply concrete
to Defendant Lane, pursuant to Pa. R.C.P. Rule l019(f).
3. Defendant Lane's counterclaims do not specify time,
place, or date that concrete allegedly supplied by Plaintiff Hempt
did not conform to the Commonwealth of Pennsylvania or Defendant
Lane's project requirements, pursuant to Pa. R.C.P. Rule l019(f).
4. Defendant Lane's counterclaims do not specify quantities
of concrete allegedly supplied by Plaintiff Hempt that were
rejected by Defendant Lane and at what locations on the alleged
project that these rejections occurred.
5. Defendant Lane's counterclaims do not specify when
Plaintiff Hempt allegedly untimely delivered concrete, in what
quantities, or what location at the project.
6. Defendant Lane's counterclaims do not specify how
Plaintiff Hempt allegedly did not comply with project requirements.
7. Defendant Lane's counterclaims fail to plead what
schedule of deliveries that Plaintiff Hempt allegedly failed to
deliver in a timely fashion.
8. Defendant Lane's counterclaims fail to allege items of
special damages for alleged nonconforming product and alleged
untimely deliveries with specificity, pursuant to Pa. R.C.P.
RUle l019(f).
9. Plaintiff Hempt is unable to ascertain from Defendant
Lane's counterclaims, in their present state, the nature of the
claims asserted, with sufficient precision to prepare a responsive
pleading. This objection is based on the reasons pleaded above.
WHEREFORE, Plaintiff, Hempt Bros., Inc., respectfully requests
that Defendant's counterclaims be dismissed or in the alternative
that Defendants be required to plead their counterclaims with
- 2 -
sufficient specificity to allow plaintiff Hempt to prepare a
responsive pleading.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB
By
J3t;-6/L-
Robert E. Yetter, Esquire
Steven P. Miner, Esquire
supreme Court I.D. #38901
Mellon Bank Building
111 Market street
P.O. Box 93
Harrisburg, PA 17108-0093
(717) 238-8187
Attorneys for Hempt Bros., Inc.
Dated: october 20, 1995
- 3 -
CERTIPICATE OP SERVICE
AND NOW, I, steven P. Miner, Esquire, of Metzger, Wickersham,
Xnauss ~ Erb, attorneys for Hempt Bros., Inc., hereby certify that
I served the foregoing Preliminary Objections of Plaintiff Hempt
Bros., Inc. to Counterclaims of The Lane Construction Corporation
and Seaboard surety company this day by depositing the same in the
United states mail, postage prepaid, in Harrisburg, Pennsylvania,
addressed to:
Robert E. Heideck, Esquire
Michael P. Subak, Esquire
Pepper, Hamilton & Scheetz
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
ffi es/L--
SteVen P. Miner, Esquire
Dated: October 20, 1995
.'"'
"<-,;-
-:;,::,
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To PLAINTIFF. HEMPT BROS, , INC.l
You are hereby notified to file a written
response to the enclosed Answer. New Matter
and Counterclaim of Oefendants. The Lane
Construction Corp. and Seaboard Surety Co,
within twenty (20) days from service hereof
or judgment may be entered against you.
~\((
Michael p, SUbak, Esq,
HEMPT BROS., INC.,
Plaintiff
v.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
THE LANE CONSTRUCTION CORP.,
CIVIL ACTION -- LAW
NO. 95-4636, CIVIL TERM
and
SEABOARD SURETY CO.,
Defendants.
THE FJ:RST AMENDED ANSWER, NEW MA'l"l'ER AND
COtm'l'ERCLAJ:M OF DEPENDAN'l'S, THE LANE CORPORATJ:ON AND SEABOARD
SURETY COMPANY. '1'0 THE COMPLAJ:N'l' OF PLAJ:N'l'J:FF. HEMPT BROS.. J:NC.
Defendants, The Lane Construction Corporation ("Lane")
and Seaboard Surety Company ("Seaboard"), acting through their
undersigned attorneys. file this First Amended Answer and
Counterclaim to the complaint of Plaintiff. Hempt Brothers, Inc.
(nHempt") . ·
ANSWER
1. After reasonable investigation. Lane is without
knowledge or information sufficient to form a belief as to the
truth of the averments contained in paragraph 1.
. . .
~ .
2. Admitted in part. It is ADMITTED that Lane
maintains its headquarters at 965 East Main Street, Meriden,
Connecticut 06450, maintains a place of business in Dauphin
County, Pennsylvania and is engaged in the road construction
business. By way of further answer, Lane is incorporated under
the laws of Connecticut, and has its principal place of business
in Connecticut.
3. Admitted.
COtJN'1' :J:
4. The responses to the allegations of paragraphs 1
through and including 3 are incorporated by reference, as if set
forth herein at length.
5. Admitted in part, Denied in part. It is ADMITTED
that pursuant to a written agreement, Hempt sold and delivered
certain goods and materials to Lane. It is DENIED that such goods
and materials were delivered in a timely manner, and it is
further DENIED that such goods and materials were of the kinds
required by Lane. To the contrary, Hempt delivered certain
amounts of concrete after the deadline for delivery; and, Hempt
delivered concrete not in conformance with the Commonwealth of
Pennsylvania's or Lane's project requirements.
6. Admitted in part, Denied in part. It is ADMITTED
that said prices conformed to the written contract entered into
between Hempt and Lane. It is DENIED that Lane orally promised
to pay Hempt. To the contrary, Lane entered into a written
agreement with Hempt.
-2-
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7. Denied. To the contrary, Hempt delivered concrete
not in conformance with the Commonwealth of Pennsylvania's or
Lane's project requirements. Hempt also delivered concrete in a
non-timely manner. Hempt invoiced Lane for such substandard,
non-timely concrete deliveries. Lane refused to pay the invoices
for substandard, non-timely concrete.
COUNT U
8. The responses to the allegations of paragraphs 1
through and including 7 are incorporated by reference, as if set
forth herein at length.
9. Admitted in part, Denied in part. It is ADMITTED
that pursuant to a written agreement, Hempt sold and delivered to
Lane certain goods and materials. It is DENIED that such goods
and materials were delivered in a timely manner, and it is
further DENIED that such goods and materials were of the kinds
required by Lane or the Commonwealth of Pennsylvania. To the
contrary, Hempt delivered certain amounts of concrete after the
deadline for delivery; and Hempt delivered concrete not in
conformance with the Commonwealth of Pennsylvania's or Lane's
project requirements.
10. Admitted in part, Denied in part. It is ADMITTED
that said prices conformed to the written agreement entered into
between Hempt and Lane. It is DENIED that Lane orally promised
to pay Hempt. To the contrary, Lane entered into a written
agreement with Hempt.
-3-
...~
11. Denied. To the contrary, Hempt delivered concrete
not in conformance with the requirements of the project. Hempt
also delivered concrete in a non-timely manner. Hempt invoiced
Lane for such substandard, non-timely concrete deliveries. Lane
refused to pay the invoices for substandard, non-timely concrete.
12. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
COtJN'l' XU
13. The responses to the averments of paragraphs 1
through and including 12 are incorporated by reference, as if set
forth herein at length.
14. Because the averments of Count III are identical
to the averments of Count I, Lane references its responses to
Count I.
15. See response to paragraph 14.
16. See response to paragraph 14.
17. See reRponse to paragraph 14.
COtJN'l' xv
18. The responses to the allegations of paragraphs 1
through and including 17 are incorporated by reference, as if set
forth herein at length.
19. Admitted in part. Denied in part. It is ADMITTED
that pursuant to Lane's contract with the Commonwealth of
Pennsylvania, Lane and Seaboard executed a Payment Bond. The
-4-
~
- ~
Payment Bond is a document in writing and speaks for itself, and
any inconsistent characterization thereof is DENIED. With
respect to whether Hempt "relied" upon said Payment Bond, after
reasonable investigation, Lane is without knowledge or
information sufficient to form a belief as to the truth of the
averment.
20. Admitted in part, Denied in part. It is ADMITTED
that on November 17, 1994, Hempt sent Lane and Seaboard Surety
the document attached to Hempt's complaint as Exhibit C, The
document is in writing and speaks for itself. and any
inconsistent characterization thereof is DENIED. It is DENIED
that Lane's and Seaboard Surety's refusal to make payment for
substandard, non-timely concrete constitutes a breach of the
terms and provisions of the Payment Bond. By way of further
answer, Lane avers that Hempt failed to perform in accordance
with the provisions of the contract. By way of further answer,
the averments of this paragraph are conclusions of law to which
no response is required and therefore deemed to be DENIED.
21. After reasonable investigation. Seaboard is
without knowledge of information sufficient to form a belief as
to the truth of the averment contained in paragraph 21.
22. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
-5-
23. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
NEW MATTER
PI:RST APPI:RMATrvB DBFENSB
24. Hempt's complaint fails to state a claim upon
which relief can be granted.
SBCOND APPI:RMATrvB DBFENSB
25. Hempt's claims are barred by the doctrine of
estoppel.
THI:RD APPI:RMATrvB DBFENSB
26. Hempt's claims are barred by the doctrine of
waiver.
POURTH APPI:RMATrvB DBFENSB
27. Hempt's claims are barred by the doctrine of
laches.
PI:PTB APPI:RMATrvB DBFENSB
28. Hempt breached its obligations under the contract.
SI:XTH APPI:RMATrvB DBFENSB
29. Hempt's claims are barred by its failure to
exercise due diligence in the performance of the contract.
-6-
. . "......',-- ~,'_..'
....
SBVBN'1'H AJ'1'l:RMATIVB DEI'BNSJI:
30. Hempt has, by its own conduct, ratified or
otherwise confirmed all of the acts of Lane or Seaboard Surety as
alleged in Hempt's complaint.
Bl:GIl'l'B AJ'1'l:IUlATIVB DJl:I'BNSJI:
31. Hempt's claims are barred by the applicable
statute of limitations.
NJ:NTH AJ'1'l:RMATIVB DBI'BNSJI:
32. Hempt has failed to take appropriate steps to
mitigate its alleged damages.
TENTH AJ'J'l:RMATl:Vl!l DBI'BNSB
33. No act or omission on the part of Lane or Seaboard
Surety caused injury or damage to Hempt. To the contrary,
Hernpt's losses, if any, were caused by Hempt's own actions, over
which Lane or Seaboard Surety had no control.
J1:LZVBNTH AJ'J'l:RMATl:Vl!l DBI'BNSB
34. Hempt's claims are barred by accord and
satisfaction.
TWBLI"l'H AJ'J'l:RMATIVB DEI'BNSB
35. Any damages claimed by Hempt or awarded pursuant
to those claims are set off in their entirety by monies owed to
Lane by Hempt as set forth in the Counterclaim below.
THl:RTBBNTH AJ'J'l:RMATIVB DBI'BNSB
36. Hempt failed to comply with the requirements and
provisions of the Public Works Contractors' Bond Law.
-7-
... .
..
I':IRST COtJNTERCLAJ:H
37. Lane incorporates by references its responses to
paragraphs 1 through and including 36, as if set forth herein at
length.
38. Lane and Hempt entered into an agreement, whereby
Hempt was required to provide concrete that conformed to the
specifications and acceptance of the Pennsylvania Department of
Transportation ("PennDot") with respect to slump range, strength
and air content.
39. A copy of certain correspondence evidencing the
parties agreement has been attached as Exhibit "A". In addition
to Exhibit A, the entire agreement, which includes extensive
conditions and technical specifications found in Form 408 of the
Pennsylvania Department of Transportation, has not been appended,
as it is voluminous. However, upon information and belief, all
parties have access to a copy of the document.
40. On June 3, 1994, Hempt delivered concrete to Lane
at Bridge 2, the air content of which failed to meet PennDot
specifications. Accordingly, the concrete was rejected.
41. On June 7, 1994, Hempt delivered concrete to Lane
at Bridge 7, the air content of which failed to meet PennDot
specifications. Accordingly, the concrete was rejected.
42, On June 8, 1994, Hempt delivered concrete to Lane
at Bridge 6, the air content and slump tests of which failed to
meet PennDot specifications. Accordingly, the concrete was
rejected.
-8-
43. On June 10, 1994, Hempt delivered concrete to Lane
at Bridge 6, the slump tests of which failed to meet PennDot
specifications. Accordingly, the concrete was rejected.
44. On June 27, 1994, Hempt delivered concrete to Lane
at Bridge 5, the air content ~nd slump tests of which failed to
meet PennDot specifications. Accordingly, the concrete was
rejected.
45. On June 30, 1994, Hempt delivered concrete to Lane
at Bridge 3, the air content of which failed to meet PennDot
specifications. Accordingly, the concrete was rejected.
46. On July 6, 1994, Hempt delivered concrete to Lane
at Bridge 8, the air content of which failed to meet PennDot
specifications. Accordingly, the concrete was rejected.
47. On July 7, 1994, Hempt delivered concrete to Lane
at Bridge 8, the slump test of which failed to meet PennDot
specifications. Accordingly, the concrete was rejected.
48. On July 8, 1994, Hempt delivered concrete to Lane
at a concrete safety well station, the slump test of which failed
to meet PennDot specifications. Accordingly, the concrete was
rejected.
49. On July 28, 1994, Hempt delivered concrete to Lane
at a concrete safety well station, the slump test of which failed
to meet PennDot specifications. Accordingly, the concrete was
rejected.
-9-
~,
,
50, On August B, 1994, Hempt delivered concrete to
Lane at Bridge B, the air content of which failed to meet PennDot
specifications. Accordingly, the concrete was rejected.
51. On August 11, 1994, Hempt delivered concrete to
Lane at Bridge B, the air content of which failed to meet PennDot
specifications. Accordingly, the concrete was rejected.
52. In addition to each of the instances described
above, Lane continues to investigate other Hempt deliveries that
failed to meet PennDot specifications and will supplement its
averments accordingly.
53. In each and every instance that Hempt provided
concrete that failed to comply with PennDot specifications, Lane
was required to wait for Hempt to deliver concrete that complied
with PennDot specifications, thereby incurring excess labor and
equipment costs.
54. Pursuant to its agreement with Lane, Hempt was
required to deliver concrete in a timely manner.
55. During the project, each Friday, Lane communicated
to Hempt the dates, times and amounts of the concrete that Hempt
was required to deliver the following week.
56. On the date of delivery, Lane confirmed the amount
and times of the concrete that Hempt was required to deliver on
that day.
57. On the following dates, Hempt failed to deliver
the concrete in a timely manner: April 12, 1994; April 22, 1994;
-10-
...~
WHEREFORE, Lane respectfully requests judgment on the
Counterclaim for an amount in excess of $25,000.
THIRD COON'l'ERCLAIM
64. Lane incorporates by reference its responses to
paragraphs 1 through 63, as set forth herein at length.
65. Pursuant to its agreement with Lane, Hempt was
required to provide concrete that conformed with the project
requirements for strength, air content and density.
66. In July and August of 1994, Hempt delivered to
Bridge 7 concrete containing such inconsistencies that when
poured, placed and/or settled, the concrete caused deviations in
the surface of the deck on Bridge 7.
67. Because of the deviations, PennDot required Lane
to resurface the deck of Bridge 7 in August of 1994.
6B. Thus, Lane scarified the deck of Bridge 7 and
poured latex concrete to repair the deviations caused by the
inconsistent concrete, which caused Lane to incur substantial
excess costs.
69. In 1994, Hempt delivered to Lane at Bridge 2
inconsistent concrete that was not in compliance with the project
requirements. Such inconsistent concrete, not in compliance with
the project requirements, caused a rough deck, containing
substantial inconsistencies on the surface.
70. To repair the rough deck, containing substantial
inconsistencies on the surface. Lane grinded and grooved the
surface of Bridge 2.
-12-
'.
L!i1JL '.Ull.o I ~ I,". IIUH
ILL._I.I,) ~ob-IJb'jO
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CONSTRUCTION CORPORATION
OOHAlD',OOI..
..It, "....., ,""......
Hempt BroB., Inc.
205 Creek Road
P. O. Box 279
Camp Hill, PA 17011
Gentlemen I
... "S (AU MAIN STun
MER IDE N, C T 0 6 4 !5 0
1U . '" . nil
101 . 237 . '160 'AX.
'0) . ... . .". 'Al
June 29, 1993
T.n consideration of your quotation dated June 2, 1993. we hereby
accept unit prices quoted to furnish and deliver our requirements
of Class C, A, AA and AAA Concrete, as specified by the
follQwing:
~
0505-0001
0601-5431
1001-0000
1001-0001
1001-0010
9010-0001
9010-0002
9010-0003
9010-0004
Descriotion
Bridge Approach Slab
Class C Cement Concrete for
Miscellaneous Drainage
Class AAA Cement Concrete
Class AA Cement Concrete
Class A Cement Concrete
Bridge Structure As Designed, NB,
S-20392.. .
...Class AAA Cement Concrete
...Class AA Cement Concrete
...Class A Cement Concrete
Bridge Structure As Designed, S9,
9-20392.. .
...Class AAA Cement Concrete
...Class AA Cement Concrete
...Class A Cement Concrete
Bridge Structure As Designed, NB,
S-20383...
...Class AAA Cement Concrete
...Class AA Cement Concrete
...Class A Cement Concrete
Bridge Structure As Designed, sa,
S-20393
...Claso AAA Cement Concrete
...Class AA Cement Concrete
...Class A Cement Concrete
1.0UA' OPPORTUNITY IU..PLO..,R 1041'
Ouant.itv
3,012 SY
100 CY
591 CY
308 CY
358 CY
193 CV
60 CV
149 CY
191 CY
64 CV
190 CY
214 CV
7S CY
227 CY
223 CY
99 CY
224 CY
,.tilll. . lllj . j t"l.l. 11Ull
ILL ..:...II~. f.".)" l.It.IJt)
"~fJ .:.J .1'-,
Ib:~i ~o.UUl ~.Ub
paqe Two
June 29, 1993
Hampt Bros., Inc.
lll:m DeBcriDtion Ouantitv
8010-0005 Bridge Structure AS Designed, NB,
S-2030.4
...Cl~ss AAA Cement Concrete 177 CY
...Class AA Cement Concrete 61 CY
...Class A Cement Concrete 133 CY
8010-0006 Bridge Structure As Designed, SB,
S-20384...
...Class AAA Cement Concrete 178 CY
...Class AA Cement Concrete 65 CY
...Class A Cement Concrete 146 CY
8010-0007 Bridge Structure As Designed, NB,
S-20385. . .
...Class AAA Cement Concrete 157 CY
...Class AA Cement Concrete 51 cr
..,Class A Cement Concrete 129 cr
8010-0008 Bridge Structure AS Designed, SB,
S-20385. ..
...Class AAA Cement Concrete 160 CY
...Class AA Cement Concrete 58 CY
...Cl~ss AA Cement Concrete 135 CY
8010-0009 Bridge Structure As Designed, NB,
S-20386.. .
...Class AAA Cement Con~rete 173 CY
,..Class AA Cement Concrete 48 CY
...Class A Cement Concrete 123 CY
8010-0010 Bridge Structure As Designed, SB,
5-20386. . .
...Class AAA Cement Concrete 154 CY
...Class AA Cement Concrete SO Cy
...Class A Cement Concrete 145 CY
8010-0011 Bridge Structure As Designed, NB,
5-20407...
...Class A Cement Concrete 196 CY
...Class AA Cement Concrete 94 CY
...Cl~ss AAA Cement Concrete 322 CY
8010.0012 Bridge Structure As Designed, sa,
S-20407.. .
...Class A Cement Concrete 202 CY
...Class AA Cement Concrete 91 cr
...Class AAA Cement Concrete 328 cr
un our Contract No. S.R. 0081 (004). Harrisburg (Dauphin Co.),
PA. The prices are firm for the respective calendar years, and
include truck delivery to the job site.
It is understood. and a part of this contract agreement, that ~ll
material furnished by you on this order will be pursuant to the
complete contract documents, specifications and acceptance of the
Pennsylvani~ Department of Tr~nsportatinn.
III..~
l'nqe Three
June 29, 1993
Hempt Broa., Inc.
You are reminded tha~ in accordance with Federal OSHA Hazard
Communication Standard CFR 1910.1200, any substance that is part
or this order and is cOnBidered toxic or hazardous will be prop-
erly labeled and material safety data aheets will be furnished
with the order at point of delivery.
It is understood that you will at all times defend, save hannless
nnd indemnify The Lane Construction corporation from and againut
any damages, claims or expenses which Lane may suffer because ot
your operations in this contract, and that you will carry insur-
ance coverage as outlined in the attached letter.
It is agreed transportation costs will be separately stated on
'!ach invoice.
Definite quantities and shipping inutructions will be furnished
by our jOb site personnel under the direction of our Resident
Assistant District Manager.
Very truly yours,
THB LANB CONSTRUCTION CORPORATION
dpa&
Vice President . Purchasing
opo/jlr
Attach.
cc: BFW ROS DMC REA OPO
Tote1 Cant~ect: S6OO.oo0 tIB.OOO Sav!n,s)
~
UHII. II"j,I~I,IO: r llIN
.r-
I E.L: iO.s-68b-IJb'~6
Sep ':':1 ,':I~
Ib:.sO No.OUI P,ll
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9,u
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CONSTRUCTION CORPORATION
..."S eAU ",,,'N IlIlU
DON"'lO.. Dota'
.It.,......"'....c.......
MER IDE N, C T 0 6 4 50
201 . UI , 2211
201 . U7 . .,.. 'A.
May 25':1 .:t!f9oi'" 'A.
Hempt Bros., Inc.
205 Creek Road
P. o. Box 278
Camp Hill. PA 17011
Dear Sir/Madam:
We refer to our contract with your firm dated June 29, 1993, to
furnish and deliver our requirements of Class C, A, AA and AAA
Concrete on our Contract No. S.R. 0081 (004). Harrisburg (Dauphin
co.). PA.
In consideration of your quotation dated May 17. 1994, we hereby
accept unit prices quoted to furnish and deliver quantities we
elect to utilize of Class AAA Transit Mix Concrete without D.C.I.
All other conditions of our contract with your firm will remain
ill effect.
very truly yours.
THB LANB CONSTRUCTION CORPORATION
cr/lt9~
DPD/jlr Vice President - Purchasing
Attach.
cc: BFW RDS REA OPO
EQUAL OPPORTUNITY EMPLOYIER MIl'
-- ------ -."I.~ ""1,1"2 ,-
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counterclailn of nefeDI'\,...t, Se~ucS sw:wty COIIlP'"'\Y. ue crue aDd
correct to the bUC of -:t knoVledge, in!oXJll&Ucm UI4 m.l1ef, IlDd
I '-ratud tbat t:be .tat~t. made are wbjeot to the
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to authoriU...
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LANt bONST. /GRANTVILLE
FAX NO. 7174691332
P.02
NO.516 PeeJ
vn..rP::I:CATJ:ON
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t. Robert B. Alger, ataee that t am an employ.. of Lane
Con.truction Corporation. that t am authorized eo make this
verH::Lcation, llnd that the fact. .. set forth :I,n the foregoing
pir.t Amended Counterclaim of Defendant, Lane Construction
Corporation, are true and correct to the bast ot my knowleage,
information and belief; and I understand that the statemenes made
are subject to the penalties of 18 Pa.C.S. 5 4904 relating to
unsworn faleification to authoritie..
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Dated:
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CERTIFICATE OF SERVICE
I, Michael P. Subak, hereby certify that a true and
correct copy of the foregoing First Amended Answer, New Matter
and Counterclaims of Defendants, The Lane Construction
Corporation and Seaboard Surety Company, has been served upon
counsel for Plaintiff via First Class Mail postage pre-paid,
Wednesday, November 22, 1995 as follows:
Robert E. Yetter, Esquire
Metzger, Wickersham, Knauss & Erb
111 Market Street
P.O. Box 93
Harrisburg, Pennsylvania 17108-0093
u
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MICHAEL P. SUBAK
HEMPT BROS., INC.,
a corporation,
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
.
.
v.
THE LANE CONSTRUCTION CORPORA-
TION, a corporation, and
SEABOARD SURETY COMPANY, a
corporation
: NO. 95-4636 CIVIL TERM
.
.
Defendant(s):
:
PLAINTIFF. HBMPT BROS.. INC.'S REPLY TO NEW MATTER.
ANSWER TO FIRST COUNTERCLAIM. ANSWER TO SECOND COUNTERCLAIM.
AND ANSWER TO THIRD COUNTERCLAIM OF THE DEFENDANTS.
THE LANE CONSTRUCTION CORPORATION AND SEABOARD SURETY COMPANY.
AND NEW MATTER OF PLAINTIFF. HBMPT BROS.. INC.
TO THE COUNTERCLAIMS
Plaintiff, Hempt Bros., Inc. (herein "Hempt"), by its
attorneys, Metzger, Wickersham, Knauss & Erb, files this Reply to
New Matter, Answers to First Counterclaim, Answer to Second
Counterclaim, and Answer to Third Counterclaim of the Defendants,
The Lane Construction Corporation (herein "Lane") and Seaboard
Surety Company (herein "Seaboard") and New Matter of Plaintiff,
Hempt, to the said Counterclaims as follows.
REPLY OF PLAINTIFF. HEMPT.
TO NEW MATTER OF DEFENDANTS. LANE AND SEABOARD
24. The allegations of paragraph 24 are conclusions of law to
which no reply is required and they are therefore deemed to be
denied. To the extent a reply is required, the allegations are
specifically denied. To the contrary, the Complaint states a claim
upon which relief can be granted.
25. The allegations of paragraph 25 are conclusions of law to
which no reply is required and they are therefore deemed to be
denied. To the extent a reply is required, the allegations are
specifically denied. To the contrary, Hempt's claim is not barred
by the doctrine of estoppel.
26. The allegations of paragraph 26 are conclusions of law to
which no reply is required and they are therefore deemed to be
denied. To the extent a reply is required, the allegations are
specifically denied. To the contrary, Hempt's claim is not barred
by the doctrine of waiver.
27. The allegations of paragraph 27 are conclusions of law to
which no reply is required and they are therefore deemed to be
denied. To the extent a reply is required, the allegations are
specifically denied. To the contrary, Hempt's claim is not barred
by the doctrine of laches.
28. The allegations of paragraph 28 are conclusions of law to
which no reply is required and they are therefore deemed to be
denied. To the extent a reply is required, the allegations are
specifically denied. To the contrary, Hempt did not breach its
obligations under the contract.
29. The allegations of paragraph 29 are conclusions of law to
which no reply is required and are therefore deemed to be denied.
To the extent a reply is required, the allegations are specifically
- 2 -
denied. To the contrary, Hempt exercised due diligence in the
performance of the contract.
30. The allegations of paragraph 30 are conclusions of law to
which no reply is required and are therefore deemed to be denied.
To the extent a reply is required, the allegations are specifically
denied. To the contrary, Hempt did not by its own conduct, ratify
or otherwise confirm all of the acts of the Defendant, The Lane
Construction Corporation and the Defendant, Seaboard Surety
Company.
31. The allegations of paragraph 31 are conclusions of law to
which no reply is required and are therefore deemed to be denied.
To the extent a reply is required, the allegations are specifically
denied. To the contrary, Hempt' s claims are not barred by the
applicable statute of limitations.
32. The allegations of paragraph 32 are conclusions of law to
which no reply is required and are therefore deemed to be denied.
To the extent a reply is required, the allegations are specifically
denied. To the contrary, there has been no act or omission by
Hempt requiring it to take any appropriate steps to investigate
damages.
33. The allegations of paragraph 33 are specifically denied.
It is denied that no act or omission on the part of Lane or
Seaboard caused injury or damage to Hempt, it is denied that
- 3 -
Hempt's own action caused Hempt's loss, and it is denied that Lane
or Seaboard had no control over Hempt's actions. The allegations
of paragraphs 1 to and including 23 of the Complaint are
incorporated herein by reference as though fully set forth herein.
34. The allegations of paragraph 34 are conclusions of law to
which no reply is required and are therefore deemed to be denied.
To the extent a reply is required, the allegations are specifically
denied. To the contrary, Hempt's claims are not barred by accord
and satisfaction.
35. The allegations of paragraph 35 are conclusions of law to
which no reply is required and are therefore deemed to be denied.
To the extent a reply is required, the allegations are specifically
denied. To the contrary, there are no setoffs to the claims of
Hempt.
Hempt does not owe any monies to Lane.
The alleged
Counterclaims are without merit.
36. The allegations of paragraph 36 are conclusions of law to
which no reply is required and are therefore deemed to be denied.
To the extent a reply is required, the allegations are specifically
denied. To the contrary, Hempt complied with the requirements and
provisions of the Public Works Contractors' Bond Law.
ANSWER OF PLAXNTXPF. HBMPT BROS.. XNC.
TO PXRBT COUNTERCLAXM
- 4 -
37. No answer is required to the allegations of paragraph 37.
To the extent an answer is required, the allegations of paragraph 1
to and including 23 of the Complaint and the allegations of
paragraphs 24 to 36 of Reply of Plaintiff, Hempt Bros., Inc., to
New Matter of Defendants, Lane and Seaboard, are incorporated
herein by reference as though fully set forth herein.
38. The allegations of paragraph 38 are admitted.
39. The allegations of paragraph 39 are partially admitted
and partially denied. It is denied that the copy of certain
correspondence referred to in paragraph 39 of the First
Counterclaim and attached thereto as Exhibit "A" evidences the
entire agreement of the parties. To the contrary, a part of the
agreement between the parties is the Quotation of Hempt dated
June 2, 1993, attached hereto as Exhibit "E" and made part hereof,
referred to in letter of Lane dated June 29, 1993, and the
Quotation of Hempt dated May 17, 1994, attached hereto as
Exhibit "F" and made part hereof, referred to in letter of Lane
dated May 24, 1994. The agreement between the parties speaks for
itself, and any allegations with respect thereto are therefore
denied.
40. The allegations of paragraph 40 are admitted. In further
answer, on June 3, 1994, Hempt delivered to Lane at Bridge 2 two
- 5 -
(2) loads of concrete, only one (1) of which was rejected and that
was by reason of air content.
41. The allegations of paragraph 41 are admitted. In further
answer, on June 7, 1994, Hempt delivered to Lane at Bridge 7 nine
(9) loads of concrete, only one (1) of which was rejected and that
was by reason of air content.
42. The allegations of paragraph 42 are partially admitted
and partially denied. It is denied that any load of concrete
delivered on June 8, 1994, to Lane at Bridge 6 was rejected by
reason of slump test. It is admitted that on June 8, 1994, Hempt
delivered to Lane at Bridge 6 twenty (20) loads of concrete, only
one (1) of which was rejected and that was by reason of air
content.
43. The allegations of paragraph 43 are partially admitted
and partially denied. It is admitted that on June 10, 1994, Lane
rejected a load of concrete delivered at Bridge 6. It is denied
that the load of concrete Hempt delivered to Lane at Bridge 6 which
was rejected by Lane did not meet the slump test under PennDOT
specifications. To the contrary, Hempt delivered to Lane at Bridge
6 nine (9) loads of concrete, all of which met the slump test under
specifications set forth in Form 408 of PennDOT.
44. The allegations of paragraph 44 are admitted. In further
answer, on June 27, 1994, Hempt delivered to Lane and Lane poured
- 6 -
at Bridge 5 thirteen (13) loads of concrete which met the
specifications set forth in Form 408 of PennDOT.
45. ,The allegations of paragraph 45 are admitted. In further
answer, on June 30, 1994, Hempt delivered to Lane at Bridge 3
twenty-four (24) loads of concrete, only three (3) of which were
rejected and that was by reason of air content.
46. The allegations of paragraph 46 are admitted. In further
answer, on July 6, 1994, Hempt delivered to Lane at Bridge 8 twelve
(12) loads of concrete, only one (1) of which was rejected and that
was by reason of air content.
47. The allegations of paragraph 47 are admitted. In further
answer, on July 7, 1994, Hempt delivered to Lane at Bridge 8
fourteen (14) loads of concrete, only one (1) of which was rejected
and that was by reason of air content.
48. The allegations of paragraph 48 are specifically denied
in their entirety. To the contrary, on July 8, 1994, Hempt did not
deliver to Lane any concrete at a concrete safety well station.
49. The allegations of paragraph 49 are specifically denied
in their entirety. To the contrary, on July 28, 1994, Hempt did
not deliver to Lane any concrete at a concrete safety well station.
50. The allegations of paragraph 5 are admitted. In further
answer, on August 8, 1994, Hempt delivered to Lane at Bridge 8
- 7 -
three (3) loads of concrete, only one (1) of which was rejected and
that was by reason of air content.
51. The allegations of paragraph 51 are specifically denied
in their entirety. To the contrary, on August 11, 1994, none of
the loads of concrete Hempt delivered to Lane at Bridge 8 were
rejected.
52. After reasonable investigation, Hempt is without
knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 53 and are
therefore denied. Proof thereof is demand at the trial.
53. After reasonable investigation, Hempt is without
knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 53 and are
therefore denied. Proof thereof is demand at the trial.
54. The agreement between the parties speaks for itself and
any allegations in paragraph 54 with respect thereto are denied.
In further answer, the Quotation of Hempt dated June 3, 1993,
attached hereto as Exhibit "E" and made part hereof and the
Quotation of Hempt dated May 17, 1994, attached hereto as
Exhibit "F" and made part hereof, provides that "...no claims will
be allowed because of delays."
55. The allegations of paragraph 55 are partially admitted
and partially denied. It is admitted that each Friday, Lane would
- 8 -
communicate the dates, times, and amounts of concrete that Hempt
was to deliver the following week. It is denied that Hempt was
required to adhere to any schedule of dates or times of delivery of
concrete. To the contrary, Lane did not adhere to all schedules of
dates or times of delivery of concrete. Lane would make changes in
the dates or times of delivery of concrete without any prior
notice. And Hempt would accommodate Lane with deliveries of
concrete on days not scheduled without advance notice. At no time
did Hempt waive the provisions of its Quotation dated June 2, 1993,
attached hereto as Exhibit "E" and made part hereof and its
Quotation dated May 17, 1994, attached hereto as Exhibit "F" and
made part hereof, provides that "... no claims will be allowed
because of delays."
56. The allegations of paragraph 56 are partially admitted
and partially denied. It is admitted that on the date of delivery,
Lane would inform of the time and amount of concrete that Hempt was
to deliver on that day. It is denied that Hempt was required to
adhere to any schedule. To the contrary, Lane did not adhere to
all schedules of time. Lane would make changes in the time of
delivery without any prior notice. And Hempt would accommodate
Lane with deliveries of concrete not scheduled without advance
notice. At no time did Hempt waive the provisions of the Quotation
dated June 2, 1993, attached hereto as Exhibit "E" and made part
- 9 -
hereof and its Quotation dated May 17, 1994, attached hereto as
Exhibit "F" and made part hereof, provides that "...no claims will
be allowed because of delays."
57. After reasonable investigation, Hempt is without
knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 57 and they are
therefore denied. Proof thereof is demand at the trial. In
further answer, at no time did Hempt waive the provisions of the
Quotation dated June 2, 1993, attached hereto as Exhibit "E" and
made part hereof and its Quotation dated May 17, 1994, attached
hereto as Exhibit "F" and made part hereof, provides that "...no
claims will be allowed because of delays."
58. After reasonable investigation, Hempt is without
knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 58 and they are
therefore denied. Proof thereof is demand at the trial. In
further answer, at no time did Hempt waive the provisions of the
Quotation dated June 2, 1993, attached hereto as Exhibit "E" and
made part hereof and its Quotation dated May 17, 1994, attached
hereto as Exhibit "F" and made part hereof, provides that "...no
claims will be allowed because of delays."
WHEREFORE, Hempt respectfully requests your Honorable Court to
dismiss First Counterclaim and enter judgment in favor of Hempt.
- 10 -
ANSWER OP PLAINTIPP. HBMPT BROS.. INC.
TO SECOND COUNTERCLAIM
59. No answer is required to allegations of par8graph 59. To
the extent an answer is required, the allegations of paragraphs 1
to and including 23 of the Complaint, the allegations of paragraph
24 to and including 36 of Reply of Plaintiff, Hempt Bros., Inc., to
New Matter of Defendants, Lane and Seaboard, and the allegations of
paragraphs 37 to and including 58 of the Answer of Plaintiff, Hempt
Bros., to First Counterclaim are incorporated herein by reference
as though fully set forth herein.
60. The allegations of paragraph 60 are specifically denied
in their entirety. It is denied that Hempt was required to provide
concrete that conformed with the project requirements of Lane for
strength, air content, and density. To the contrary, Hempt was
required to provide concrete that conformed with requirements set
forth in Form 408 of PennDOT for strength and air content. Density
is not a requirement set forth in Form 408 of PennDOT.
61. The allegations of paragraph 61 are specifically denied.
It is denied that in 1994, in connection with Bridge 8, Hempt
delivered loads of concrete for which the test breaks revealed that
such loads of concrete did not come up to strength. All loads of
concrete Hempt delivered to Bridge 8 satisfied the twenty-eight
(28) days structural design strength test specified in Form 408 of
PennDOT. And in further answer, there is no agreement between the
- 11 -
parties or specifications set forth in Form 408 of PennDOT basing
acceptance of the concrete on a three (3) day test of strength or
a seven (7) day test of strength.
62. After reasonable investigation, Hempt is without
knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 62 and they are
therefore denied. Proof thereof is demand at the trial. PennDOT
did not require Lane to remove and replace the concrete on
Bridge 8.
63. After reasonable investigation, Hempt is witt.out
knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 64 and they are
therefore denied. Proof thereof is demand at the trial.
WHEREFORE, He":'pt respectfully requests your Honorable Court to
dismiss Second Counterclaim and enter judgment in favor of Hempt.
ANSWER OF PLAINTIFF. HEMPT BROS.. INC.
TO THIRD COUNTERCLAIM
64. No answer is required to the allegations of paragraph 64.
To the extent an answer is required, the allegations of
paragraphs 1 to and including 23 of the Complaint, the allegations
of paragraph 24 to and including 36 of Reply of Plaintiff, Hempt
Bros., Inc., to New Matter of Defendants, Lane and Seaboard, the
allegations of paragraphs 37 to and including 58 of the Answer of
- 12 -
Plaintiff, Hempt Bros., Inc., to First Counterclaim, and the
allegations of paragraphs 59 to and including 63 of the Answer of
Plaintiff, Hempt Bros., Inc., to Second Counterclaim are
incorporated herein by reference as though fully set forth herein.
65. The allegations of paragraph 65 are specifically denied
in their entirety. It is denied that Hempt was required to provide
concrete that conformed with the project requirements of Lane for
strength, air contents, and density. To the contrary, Hempt was
required to provide concrete that conformed with requirements set
forth in Form 408 of PennDOT for strength and air content. Density
is not a requirement set forth in Form 408 of PennDOT.
66. The allegations of paragraph 66 are specifically denied.
It is denied that in July and 'August of 1994, Hempt delivered to
Bridge 7 concrete containing such inconsistencies that when poured,
placed, and/or settled, the concrete caused deviations in the
surface of the deck on Bridge 7. To the contrary, Hempt poured
concrete on Bridge 7 in June of 1994. In further answer, any
inconsistencies in the concrete and deviations in the surface of
the deck on Bridge 7 were caused by equipment breakdown of Lane,
unsatisfactory finishing, unacceptable depressions due to
footprints, unsatisfactory transverse construction joints, and
scaling of the surface where the uncured deck was uncovered during
a rainstorm. And in further answer, at no time did Hempt waive the
- 13 -
provisions of the Quotation dated June 2, 1993, attached hereto as
Exhibit "E" and made part hereof, and its Quotation dated Hay 17,
1994, attached hereto as Exhibit "F" and made part hereof, provides
that "...no claims will be allowed because of delays."
67. After reasonable investigation, Hempt is without
knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 67 and they are
therefore denied. Proof thereof is demand at the trial. In
further answer, any resurfacing of the deck on Bridge 7 was caused
by equipment breakdown of Lane, unsatisfactory finishing,
unacceptable depressions due to footprints, unsatisfactory
transverse construction joints, and scaling of the surface where
the uncured deck was uncovered during a rainstorm. And in further
answer, at no time did Hempt waive the provisions of the Quotation
dated June 2, 1993, attached hereto as Exhibit "E" and made part
hereof, and its Quotation dated Hay 17, 1994, attached hereto as
Exhibit "F" and made part hereof, provides that "...no claims will
be allowed because of delays."
68. After reasonable investigation, Hempt is without
knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 68 and they are
therefore denied. Proof thereof is demand at the trial. In
further answer, any resurfacing of the deck on Bridge 7 was caused
- 14 -
by equipment breakdown of Lane, unsatisfactory finishing,
unacceptable depressions due to footprints, unsatisfactory
transverse construction joints, and scaling of the surface where
the uncured deck was uncovered during a rainstorm. And in further
answer, at no time did Hempt waive the provisions of the Quotation
dated June 2, 1993, attached hereto as Exhibit "E" and made part
hereof and its Quotation dated May 17, 1994, attached hereto as
Exhibit "F" and made part hereof, provides that "...no claims will
be allowed because of delays."
69. The allegations of paragraph 69 are specifically denied.
It is denied that Hempt delivered to Lane at Bridge 2 inconsistent
concrete that was not in compliance or inconsistent with the
project requirements. To the contrary, Hempt delivered concrete to
Lane at Bridge 2 which complied with the specifications set forth
in Form 408 of PennDOT. After reasonable investigation, Hempt is
without knowledge or information sufficient to form a belief as to
the truth of the allegations set forth in paragraph 69 that the
concrete of Hempt "caused a rough deck, containing substantial
inconsistencies on the surface" and they are therefore denied.
Proof thereof is demand at the trial. In further answer, the rough
desk was caused by breakdown of equipment of Lane. In further
answer, at no time did Hempt waive the provisions of the Quotation
dated June 2, 1993, attached hereto as Exhibit "E" and made part
- 15 -
hereof and its Quotation dated May 17, 1994, attached hereto as
Exhibit "F" and made part hereof, provides that "...no claims will
be allowed because of delays."
70. After reasonable investigation,
Hempt is without
knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 70 and they are
therefore denied.
Proof thereof is demand at the trial.
In
further answer, at no time did Hempt waive the provisions of the
Quotation dated June 2, 1993, attached hereto as Exhibit "E" and
made part hereof and its Quotation dated May 17, 1994, attached
hereto as Exhibit "F" and made part hereof, provides that "...no
delays will be allowed because of delays."
71. After reasonable investigation,
Hempt is without
knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 71 and they are
therefore denied. Proof thereof is demand at the trial.
WHEREFORE, Hempt respectfully requests your Honorable Court to
dismiss Third Counterclaim and enter judgment in favor of Hempt.
NEW MATTER OP PLAINTIPF. HEMPT BROS.. INC.
TO THE COUNTERCLAIMS
72. A part of the agreement between the parties is the
Quotation of Hempt dated June 2, 1993, attachp.d hereto as
Exhibit "E" and made part hereClf, which provides that ".. .no claims
- 16 -
will be allowed because of delays," and at no time did Hempt waive
these provisions.
73. A part of the agreement between the parties is the
Quotation of Hempt dated May 17, 1994, attached hereto as
Exhibit "F" and made part hereof, which provides that".. . no claims
will be allowed because of delays," and at no time did Hempt waive
these provisions.
74. On June 3, 1994, Hempt delivered to Lane at Bridge 2 two
(2) loads of concrete, only one (1) of which was rejected and that
was by reason of air content.
75. On June 7, 1994, Hempt delivered to Lane at Bridge 7 nine
(9) loads of concrete, only one (1) of which was rejected and that
was by reason of air content.
76. On June 8, 1994, Hempt delivered to Lane at Bridge 6
twenty (20) loads of concrete, only one (1) of which was rejected
and that was by reason of air content.
77. On June 10, 1994, Hempt delivered to Lane at Bridge 6
nine (9) loads of concrete, all of which met the slump test under
specifications set forth in Form 408 of PennDOT.
78. On June 27, 1994, Hempt delivered to Lane and Lane poured
at Bridge 5 thirteen (13) loads of concrete which met the
specifications set forth in form 408 of PennDOT.
- 17 -
79. On June 30, 1994, Hempt delivered to Lane at Bridge 4
twenty-four (24) loads of concrete, only three (3) of which were
rejected and that was by reason of air content.
80. On July 6, 1994, Hempt delivered to Lane at Bridge 8
twelve (12) loads of concrete, only one (1) of which was rejected
and that was by reason of air content.
81. On July 7, 1994, Hempt delivered to Lane at Bridge 8
fourteen (14) loads of concrete, only one (1) of which was rejected
and that was by reason of air content.
82. On July 8, 1994, Hempt did not deliver to Lane any
concrete at a concrete safety well station.
83. On July 28, 1994, Hempt did not deliver to Lane any
concrete at a concrete safety well station.
84. On August 8, 1994, Hempt delivered to Lane at Bridge 8
two (2) loads of concrete, only one (1) of which was rejected and
that was by reason of air content.
85. On August 11, 1994, none of the loads of concrete Hempt
delivered to Lane at Bridge 8 were rejected.
86. Hempt was not required to adhere to any schedule of dates
or times of delivery of concrete.
87. Lane did not adhere to all schedules of dates or times of
delivery of concrete.
- 18 -
88. Lane would make changes in the dates or times of delivery
of concrete,without any prior notice.
89. Hempt would accommodate Lane with deliveries of concrete
on days not scheduled without advance notice.
90. Hempt was not required to provide concrete that conformed
with the project requirements of Lane for strength, air content,
and density.
91. Hempt was required to provide concrete that conformed
with PennDOT requirements for strength and air content.
92. Density is not a requirement set forth in Form 408 of
PennDOT.
93. All loads of concrete Hempt delivered to Bridge 8
satisfied the twenty-eight (28) days structural design strength
test specified in Form 408 of PennDOT.
94. There was no agreement between the parties requiring a
three (3) day test of strength or a seven (7) day test of strength.
95. There was no specification set forth in Form 408 of
PennDOT requiring a three (3) day test of strength or a seven (7)
day test of strength. Hempt was required to provide concrete and
did provide concrete that conformed to the specifications set forth
in Form 408 of PennDOT.
96. Any inconsistencies in the concrete and deviations in the
surface of the deck on Bridge 7 were caused by equipment breakdown
- 19 -
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" 1llI pr\CIll CIIIOllf *" I/O ~ 011 tDIla fOllob9t...., I\&ItIWI fl"'&l11llQ 011 VII tloI. _~. aIId.. oubItct 10 cMnvo II,*, 11M
.._.. OIA' lIbClI atnIMtl\6It _ ,",-1hO flIIOlMlQn Cltl..., dtI. 01 dIl'-Y; pIOlI~ I/lIl aucII WlI_ _ lINt 1'Il1Ml6O\,*
-.... - - ~ ........... ba'''''''' -.-
Co 'Ibll..-!tftd 1M &IgtltI:l ~__..,.,.,tM..thI"""'IO_I~ IlIIptI1l-. on4 ,*,...11'....... tnMol..OOftdlo
Gorw,II9IHtl\IIIl... oraor-a,M1 Of WIllI... oINr I..... \hoM Nllonh ..tift.... Oft 1!It_ tlM 1leItof,IlOI II thla OW\III~II
-.w, w\,fod 10 tunhoif_.....ollliO ,..I....W._ ...~. \'0\11 ~ol......a- __ ~ loP<'tttOmliC_~
1M, fQf lit '*'~ Dluane ~.~ 111I ~ belDWlI'ilrfl:amnq IId.cloc:or,"",11O WoIlIot, "ClOI'J\1411 be "lvmed 1or)D\lt
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0. 11M quolItOlIlO _ ....... 0IIItt4 ........lIIlt1ft11Q IlII ~ 10....... ........ ...... 10 ... ...-. wi _
~__ """'1'floI rt<'" ~of~....... _ """,,"1M IN.~
~~~~Jb-'rlliiiliCTi6tr coRPil. =~'ri1lO:l.1NC.
PYl....Tti .... ..... .................... ~~ h
0&J.t:..~ .~ Y.,,f.,..ltU.cJ1>>l~e..................... ..U..~
I'WU a1ou"" ,.hm. eop~ IlIlI ~ rtlulMd foI'l'OU< ru... l_ cu. wd- w1l1l1a ieart.
"J,Ut! 2 9 1993
6J"l919): Copied lor H...pc 8roo.. In... ~. REA
Exhibit "E"
GENERAL TERMS AND CONDITIONS
\)J
R-
^~
.~ 0....
~
Tlxes
Anv taxes lnat are or m8Y be levied by the United Slalos Government or any State or political subdivision thereof, on the materials u
herein, pr'o" tho aale or purchase theroof, or on Incidontallransporlallon charges, whon sarno are paid or required to be paid or cDllecie
HEMPT BROS" INC, shall be added to the prices named,
Shipping InltrucllDn.
Purchasor shall give shipping Instructions in wriling In advance. allowing a relsonable time for preparation and shipment, No cancellali
accepted after materials have been loaded In trucks al our plant.
Shlpmant.
Delivery olthe malerlals to the carrier shall conslllulD dellve.y Ihe.eot 10 Ihe buyer. All shipments are warranled to leave the planlln gDOd
condlllon, We are nDI reaponslbla lor mate.lals enroute, cDndlllon at destlnallon or lima 01 delivery,
L1.blllly tD Supply aUlnUlI.. Nlmad H.reln
If contract made under this quolatlon Is nol an oxcluslvo to ,ulromenta contract. and other contracts are made, or orders placed wllh other
suppliers to supply I portion, or p,D.tlons, of Ihe total .equlrements du.lng the same cDnt.act period, then we shall be liable DnlY to SUPply
Ihat percentage 01 the total r.qul.ements equal to Ihe ,allo of Ihe quantity named In this conlract 10 the tDtal 01 all contracts mad., Dr o.de.s
placed, for shipments during the contract pe.lod named herein,
llablllly tD Purchl" QUlntlll.. N.m.d H.r.ln
Pu,chas.r's Lllbllity tD purch.se .stlmated quanlllles named herein shall not exce.d his actual .equl.ements lor the conlract period,
Asslgnm.nt.
Th. right tD rec.lv. ahlpmenta und.r this quolatlon, or any conl.act made under II, c.nnDt b. aaslgned,
CDntlng.ncl..
W. will not be r.spDnslbl. IDr fallur. tD m.ke dellv.ry when p.ev.nl.d by strlk.s, labor t.oublos, accident or n.cessary repalra 10
machinery, fire, 1I00d, adverse weath.r condltlDns, Inability to obtain transport.llon. or In the avent 01 Inability 10 obt.ln, .t reasonable
costs, .I.ctrlc power, or operating m.terlals Dr maChinery; Dr by r.aSDn 01 Iny olher cDntlngencles b.yond our cDntrol, Including shDrI.ge
01 r.w mat.rl.ls,
D.llv..I..
Obllgltlon to d.llv.r ah.1I not exceed 35 cubic yards 01 concrete per hour, except by special arr.ngem.nt. Delivery InstrucllDna must be
given within. r.asonlbl. tlm. belore dellve.les are to be made, Arrangementa lor pours exc.edlng 100 cu, yds. per d.y must be m.de el
least one d.y In .dvance. All d.llverles will be made to the b.st DI Dur oblllty and dispatch, but nD claims will be .1I0wed because of d.laya.
D.llv.ry CDndltlDn.
The Purch.ser agr..s tD provide sullabl. .oadways or app.Daches to points DI d.llvery Dther than Dn paved str.eta. Wo r.serve Ihe right
10 stDP dellv.rl.. II the roadways or .pproaches are unsallslactory to us,
In the event Purch.s.r orde.a delivery beYDnd cu.b line, we will nolassume liability lor d.mage to sidewalks, driveways or other properly,
and Purchaser her.by ag.ees tD Indemnlly and hold Hempt harmless agalnsl all lI.blllly, loss .nd expense, Including liability for personal In.
jury and dealh, Incurred .s . .esult 01 such deliveries,
Conc..t. UnlDadlng Tim.
Unlo.dlng tlm. 01 60 mlnut.s will be ollowed IDr deliveries Df 8 CY or more, Oemurr.ge due tD custDmers exceeding the .1I0wed unloading
lime will b. chlrged .1 the rate of $6,00 fDr each 10 minute perlDd. O.murr.ge c.used by d.llv.ry 10 mo.e than one dellv.ry aile will b.
ch.rg.d .t the same rate, Allowed unloading tlm., 1st CY - 20 Min., each additional CY _ 5 Min.
Dsmag. ID Truck. .nd Equlpm.nt
Purchaser .grees to pay .ny and .11 costs 01 repairs, necessll.ted by damage to our trucks .nd/Dr equipment resulting Irom .ny cause
what.ver during the proc.ss of delivery on the work site Dr unloading on tho wDrk site, other than n.gllg.nce on Ihe pari 01 H.mpt employee
or mechanical lallure 01 Hempl equipment.
Mat.rlals
Pori land Cement and Agg.egal.. are warranted to meet the appllcabl. P.nnDOT ap.clllcatlDns. Responslbltlty to m..t oth.r speclllca.
lions, or 10 adhere tD speclllc branda of cements shalt nDt be Impll.d, unless especially prDvlded IDr In Ihls conlr.ct,
Str.ngth C.rllllcatlon
When H.mpl guarantees the comp.easlve strenglh 01 concrele the propDrllDns shalt be ael by Hempl, and ahalt comply with the ap-
pllcabl. sp.clllcallona gDvernlng such work. Gua..nteed strength concr.to Is deslgn.d tD hive an av.rage slump DI not Dv.r 4". II cDncr.te
01 greater slump Is requested, the addltlDnal cement .equlred tD malnt.ln the specllled atr.nglh .nd/or waler-cemenl r.tlo will be charged al
cost. Conc.ete shall be t..I.d In .ccDrdance wllh A,S,T.M, speclllcatlDns C94,55T and A,C.I. cDdes.
CODling CDncrll.
Concrete cooling Is not Included In the quoted prices unless Dlherwls. staled,
Admlxtur..
II .ny admixture not .egula.ly used by Hempt Is required by Ihe Purchaser, It ahalt be lurnlshed by the Purchas.r. unless Dth.rwlse .greed
upon, A charg. will be m.de IDr handling such admlxtu.e at Dur planls,
Add.d Ingr.dl.nt.
II at any time addlllonal water or admixtures not .egula.ly used by Hempt a.e added tD conc.ele by the Purchaser. or II his r.quesl, H.mpl
Is no long.r responslbl. for the alump, strength or quality 01 the conc.ete,
Chang. In Aggreglt.1
Whe.e aggregate olher than those quoled he.eln, are .oquosted by Ihe Pu.chaser, .n addltlDnal charge will be made to cover the cost 01
handling specl.1 agg.eg.tes .nd any addlllonal cement .equl.od 10 main lain IhD d.slred wDrkablllly, st.ength or water-c.ment r.tlo.
Volume
Conc.ete prlc.. and quanlltles a.o based upon Iho wet volume al the lime 01 dlsch..ge Irom the delivery truck.
Bllumlnou. Unloldlng Tim.
Bituminous prices are based on unloading truck at paver In 30 minutes. II unloading time exceeds 30 minutes, truck rental will be charged at
the current hourly rentel rate.
Terml
Our I.rml .r. thlrly (30) day. n.l; .1I.r Ihlrly (30) d.y.hDm Iho dat. 01 .ny InvDlc. . d.llnqulncy ch.rg. In the .mDunt 01 Dn. p.rc.nt (1 %)
per month will b. .......d Dn .ny lI.m Dr balance r.malnlng unpaid. plu. t.n p.rc.nl(10%) IDr CD.t DI cDII.cllon.1I .tany tlm. Ih.lIn.ncll'
,~"ponllblllty o' cUll orner become. Impaired or unlallsfaclory. Hempl Bral..lnc. resorvellhe rlghllo require paymenlln advance or 1.IIII.c.
.:';r .~~u.lty Dr gUlrant.. IhallnvDlc.. will b. p'Dmplly paid when du., In th. ...nlth. I.nur. DI I cDnlraclls mDr. thin thlrly (30) d.y.,
Prt~. 'DI" Inc. .hall b. paid mDnlhly by the lonlh DI .ach month fDIIDwlng th. d.t..mlnltlDn Dllhe .mDunt du.. III. under.IDod Ih.t Ih.
_. ~."!~~Ied above are baled on our oper.llng open shop.
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HEMPT BROS., INC.
205 Creek Road, P,Q. Box 278, Camp Hili, Pa,' 717.737.3411
Transll Mixed Concrele - Crushed Slone - Sand - 51ag
Asphall Paving Malerlals - Slreet and Driveway Construction
Road Paving - Equipment Rental - Excavallon
QUOTATION
TOLAND
488.5111
lOCUST POINT
795-9000
DATE: May 17, 1994
PROJECT: S.R. 0081-004
Dauphin/Lebanon Counties
TD: LANE CONSTRUCTION
POBOX 400
GRANTVILLE PA 17028
Price Adjustment
We are pleased to submit the following quotation for materials on the above project. bids due. . . . . . . . . . . . . . . . . . .
F,O,B, JOB SITE F.0.8. PLANT
CRUSHED LIMESTONE (PennDOT specs - 67. 2A, 57, 3 & 1), , , . . . . . , . . .. . , .. . . , . . . . . . .
CRUSHED LIMESTONE (PennDOT specs - 10, B & v.") . , , . . .. .... . , . . .. , . .. . .. . . . .. ..
CRUSHED LIMESTONE (PennDOT specs - 2RC & 3A Modified). . ,. .. , . , .. ... . . . . . .. . . .
SAND, CONCRETE/LIMESTONE meellng PennDOT specs. . ., , . . , . . ., . .. .... . . , . . . . . . .
BITUMINOUS CONCRETE (PennDOT specs - 1 D.2A binder. B.C,B.C.). . . , , , . ... , . . . . , . , .
BITUMINOUS CONCRETE (Penn DOT specs - 1D.2A wearing) .,..........,...........,
...............................................................................
...............................................................................
...............................................................................
TRANSIT.MIXED CONCRETE.. .CM~~. ,~~. .tGQ~1!. .~Q?9.l"........,..., .c1.~~~),....
,.. ......,., ............,.. ,lM~$. .f#.. .(GQ~.~ ,~O?9.l............,. .<.1~~~1....
...............................................................................
...............................................................................
per Ion ,............ ..per Ion
per Ion . . . .. . . . . . . . . . . per ton
per ton .. .. .. .. .. .. . .. per Ion
per Ion .............. .perlon
perton ,............. .perlon
per Ion . . . . . . . . . . . . . . . per Ion
per ton . . . . . . . . . . , . . . . per Ion
per Ion .............. .perlon
per Ion . . . . . . .. . . . . . . . per Ion
mix el . .S.li5, !l,Q~ . . per Cu. Yd.
mix el.. .7.0,Jn~. .perCu. Yd.
mix et. . . . . . . . . . . . per Cu. Yd.
mix el .. . . .. . . . . . . per Cu. Yd.
NOTE: PLEASE ORDER CONCRETE BY CODE NUMBER SHOWN ABOVE.
flOTE: '11" 'ICE' 'IS' NrCESS'P:R'i:l\UD' $5':SOlCY 'FOR' '50' LBS;' '$6: 50'/C'i' F'OR' 75' '(BS';' 'S7'. '50)C't' 'tOrf '1'00' LBS.
Nort~.. HEMPT. aRcs,.... INC. . GUARANrtIiS. ALI..CONGRE:r,1i .To. ,BIL. WHHIN- ,PA, DOT. SP,IiCIF,I,GAHONS.lJP.ON..
ARRIVAL AT THE JOBSITE ONLY.
............................................................................................................
............................................................................................................
NOTE: ABOVE STONE, SLAG. SAND & BITUMINOUS PRICES ARE BASED ON 18 TON TRI.AXlE lOADS.
1, The above qual allan consmutes e pressnt Dller ID cont.acl and may be accepled In wrlllng only, by having thlslDrm slgOllll...Y/llP~ Indicated
below by an aulho.lzed officer or agent of the purchaser and returned ID the olllces of Hempl Bros.,lnc, no laler Ihan . . . ,':),[ ,1.\U :1.4 . . . . . ....
2, Ills undorstODCllhstthl1 qUDtlllDn IllubJect tD lhe terms .nd cDndlllons lellorth Dn the revers. herODI. Hempt Bros"lnc, makes no warrs'n.
lies, express o. Implied, InclUding an Implied warranly 01 merchanlablllly o. IItnesslor a particular purpose, unless expressly ststed herODn,
3, The prices quoled above are based on costs lor labor and male.lals p.evalllng Dn Ihe dale shown above, and are sublectto change II there Is an
Increase In our labor Dr malerlals costs belween Iha quotallon date and dale of delivery; prDvlded that such Inc.ease shall only "IIeet aclual
labo. and malerlal cost changes as Incurred by Hempl Bras" Inc.
4. This proposal and the signed acceptance thereon constitutes the enUre agreement between the parties. and there are no covenantsl condl.
lions, representallons Dr agreemenls, oral or wrlllen, olhe. Ihan Ihose sel forth herein and Dn Ihe reverse side he.eol, nor Is this qUDlallon; II
accepled, subjeclto lurthsr spproval ollhe parties, We would appreclale your acceplance Dllhe above aile. and promise 10 pay Hempl B.os"
Inc, for the perlDrmance 01 same by signing Ihe acceptance belDw and .elurnlng Ihls document to our olllce, A COpy will be relurned for your
records.
5. This qUDlslIDn Is nDI binding unless ecceplod In wrlllng end dellvored ID Hempl Bros., Inc, prlDr ID the purcheso DI malorlal.
Accepled: Thsnk you lor Ihe DPPD.lunlly 01 qUDllng Dn tha nllle.lal roqulred ID. Ihls p.ojecl.
:::"'-.'.........::::.:.:::::.:..:::::.::.... ~:~~:'~",,,, ,"c9i;f111 ye:f
Date: """."""".".".,.,.".,.""".""."",.."".,..,..,.,..,....,',........,."...,.,.,.....,...
Please sign and rei urn.
Copy will be returned 10. your Illes.
Exhibit "p"
.TERMS: less $1.00 cu. yd. within 10 days.
GENERAL TERMS AND CONDITIONS
raUI
.AlI)' taxes thai are or may be levied by the Unlled Stales Government or any Stale or political subdivision thereof. on the materials u I.
b herein, or on the sale or purchase thereof, or on Incldonlallransportalion charges, when same are paid or required to be paid or cOllecio
HEMPT BROS" INC, shall b. added tD Ih. prlc.. nam.d,
Shipping In,lrucllon.
Purchaser shall give Shipping Instructions In writing In advanco. allowing a reasonable time for preparation and shipment. No cancellatio
accepted afler matp.rials havo been loaded In trucks al our plant.
Shlpmenl.
O.lIv.ry ollh. male.lal.lo Ih. c."ler shall con5lilulo delivery Ihereof to Ih. buy.r. AIIshlpmenl. a.. wa"anled ID leavD Ih. planlln gOOd
cDndlllon. We a.. nDI .espDn.lbl. lor m.l.rlal. enroul., condlllDn .1 desllnallon or 11m. 01 dellv.ry.
Llablllly ID Supply OUlnllll.. Nlmed Herefn
If contract made under this quolatlon II not an exclusive requirements conlract, and other conlracts arB made, or orders placed wllh other
suppll.ra 10 supply a porllon, Dr po.llons, of Ih. lolal .equlremenls during the s.m. conlr.ct perlDd, Ihen we .hall b.e 1I0ble only fD SUPply
Ihll percenllg. of Ih.lolal requlremenl. .quallo Ihe .allD of Ihe quanllly n.med in Ihl. conlract ID th.lolal DI all controcts med., or o.dera
placed, for shlpm.nls during the conlrlCt pe.lod n.m.d h.reln.
Llablllly ID Pu.cha.. OUlnllll.. Nemed H.roln
Purchlse.'. Liability 10 purch... estlmaled quant,lI.s nemed he..ln shill not .xce.d his .ctuII requl..ments lor the cDntr.ct perfod,
AlSlgnmonls
Th. right 10 rec.lv. shlpm.nls under this quofallon, or any conl.ocl mlde und.r II, cannDt b. as.lgn.d.
CDnllngencl..
Wo will nol be respDnslble lor f.llur. ID make delivery when pr.v.nl.d by atrlk.s, I.bor Iroubl.s, accldenl or nec....ry r.palra to
machln.ry, lire, 1I00d, edv.rs. w.llher conditions, Inablllly ID oblaln transportallon, or In Ihe .vent Dllnablllly ID oblaln, at reasonabl.
cosl., .I.clrlc power, or op.rlllng mll.rlals or m.chln.ry; or by r..son of Iny other cDnllngencl.s beYDnd our conlrol, Including shDrlag.
01 rew maferlals.
Dellvorles
ObllgatlDn tD deliver ahlll nol .xc..il 35 cubic yards 01 cDncrol. per hour, exc.pl by apecl.1 arrlngement. Oellv.ry instructlDns must b.
given wllhln . r...Dn.bl. tlm. b.fDr. d.llverles .r. ID b. made. Arrengements lor poura .xc..dlng 100 cu, yds, per d.y musl b. made al
lelst ona dlY In .dvlnc.. All dellv.rle. will b. made fo Ih. b.sl 01 Dur .blllly and dl.palch, but nD cl.lm. will be IlIowed b.cau.. 01 d.lays.
Dellv.ry CDndlllDns
Th. Purcha..r Igr..S tD provld. .ullabl. rO.dway. Dr .pproeche. to polnls DI dellv.ry oth.r Ihan on paved slreets. W. r.serv. Ihe right
ID slop deliveries If the rOldw.ya Dr epprD.ches .r. un.all.flcIDry 10 us.
In Ih. evenl Purch...r Drd.ra d.llvery beyond curb line, we will not ...umollablllly lor dam.g.lo sld.w.lks, drlvewlYs or Dlher prDp.rly.
Ind Purch..er hereby Ig.e.e to Ind.mnlfy .nd hDld Hempt hermle.. .galn.t .11 liability, loss end .spens., Including lIablllly IDr p.rson.lln.
lury Ind death, Incu.red .. . r.sull 01 auch dellv..I.a.
Concrel. Unloldlng Tim.
Unloedlng tlm. of 60 mlnul.a will be allow.d lor dellv.rl.s 018 CY Dr more. Oemurr.ge du.ID customers .xc.odlng Ih. .1I0wed unloading
11m. will b. chlrged Itlhe rile 01 $6,00 fDr .ach 10 mlnut. p.rlod. Oemurrag. c.used by d.llvery to mDro than on. d.llv.ry aile will b.
chargod It th. sam. ral.. Allow.d unloading lima, 1st CY - 20 Mln" .ach addltlDn.1 CY _ 5 Min.
Dlmeg. to Trucks Ind Equlpm.nl
Purchlser agr.es 10 PlY .ny and .11 costs of r.palrs, nece.sllaled by d.mag. ID Dur trucks .nd/or .qulpmenl re.ultlng Irom any cau..
whal.v.r during Ih. proc... of d.llvery Dn the wDrk .lIe or unloading on Ih. work slle, other Ihan n.gllg.nc. on the pari Df H.mpt employe.
or mechanical lalluro 01 H.mpt equlpm.nl.
Mllorlal.
Port lend C.ment and Aggreg.l.s are warranled tD me.llhe appllcabl. PennDOT ap.clllc.tlons. Re.pon.lblllty ID me.t oth.r sp.clflca.
IIDn., or 10 adh.re tD speclllc brlnds 01 c.ments sh.1I nol be Implied, unless .sp.clally prDvlded lor In Ihls conlrlct.
SI..nglh Cerllllcallon
When Hempt gUlranle.. Ih. cDmpr..slve slr.ngth 01 conc..le the p.opDrllona .hsll b. s.1 by Hempl, and shill comply wllh Ihe .p.
pllcable speclflcallon. governing auch work. Gu.rant..d al.ength conc.et.ls de.lgn.d 10 have In .ve.oge .Iump Df nol ov.r 4". II concr.t.
01 grealer Slump Is requ..ted, Ih. Iddltlonal c.m.nt requlr.d 10 malnlaln the epecllied strenglh .nd/or water-c.m.nl ratlD will be charged al
cost. Cancr.l. .hall be lested In ICco.danc. wllh A,S,T.M. speclllcallon. C94,55T Ind A,C,I, Cod.S,
CODling Concrel.
Cancr.t. cooling I. nDt Included In Ihe quoled prlc.s union Dlherwls. .tal.d.
Admlxtur..
II any .dmlxlure not ..gularly used by Hemplle r.qul..d by Ihe Purchaser,lI .h.1I b.lurnlsh.d by Ih. Purchas.r, unless Dtherwls. .greed
upon. A ch.rge will b. mad. IDr handling auch .dmlxlure al our planl.,
Added fngr.dlenls
II .I.ny lime eddltlonll w.l.r or .dmlxlur.. nDI r.gul..ly u..d by Hemplare Idded fo conc.ef. by Ih. Pu,chas.r, or al his r.quest, H.mpl
I. nD longer .esponslble lor Ihe slump, slrenglh or quellly ollhe concrel.,
Chang. fn Agg.egltel
Wh.r. Iggregll. oth.r than thos. qUOI.d h..eln, ar. ..que5led by Ih. Pu,ch.ser, .n .ddltlonal ch.rge will b. mad. ID cov.r the co.t 01
handling special .gg.egeles .nd any additional cement .equlred ID malnlaln the d.slr.d wo.kablllly, slrenglh or wet.r-c.m.nl rlllo.
VDlume
Canc.ele p.lce. and quanlltles ar. based upon Ih. wel volume at Ih. 11m. 01 dl.cha'ge hDm Ih. d.llvery I.uck,
BllumlnDu. Unloading Time
Bituminous prices are based on unloading truck at paver In 30 minutes. If unloading time exceeds 30 minutes. truck rental will be charged at
the current hourly rental rate.
Term.
Our le.ms Ire Ihlrty (30) dlYs net; Ifler thlrly (30) d.y.hDm Ihe dale 01 Iny Involc. I dellnqu.ncy charge In Ihe .mDunl DI on. percent (1 ".)
per month will beaSlGurd on any IIrm or balancD remaining unpaid, plullen percent (10'1.) for Call of coUecllan.1f alany Ume the financial
. ~I.ponllblllty 01 cUltomer becomes Impaired or un.allsfaclory, Hempt Brol.. Inc. rellfVeslhe right 10 requlr. payment In advanc. 0' saUlfac.
~? I:~urlty or guarantee thai Invoices will be promptly paid when due. In the .vent the tenure of a contract Is more than thirty (30) days.
Pr1:'P. rOI.. Inc. shaU b. paid monthly by th.t8nth of .ach month following the d'lermlnaUon of Ihe amount due. It II understood that the
. ~_ q.'!~t.d above ar, based on our oporatlng opon shop.
-....,.
11 .~.
~ -. .
CBRTI~ICATB OF SBRVICB
I, Robert E. Yetter, Esquire, of the law firm of Metzger,
Wickersham, Knauss & Erb, hereby certify that on December 22, 1995,
I served a copy of the foregoing Plaintiff, Hempt Bros., Ino.'s
Reply to He. Matter, Ans.er to First Counterolaim, Ans.er to Seoond
counterolaim, and Answer to Third Counterolaim of the Defendant.,
The Lane construotion Corporation and Seaboard surety company, and
He. Matter of plaintiff, Hempt Bros., Ino. to the counterolaims, by
depositing same in the United states mail, postage prepaid,
addressed to:
Robert E. Heideck, Esquire
Pepper, Hamilton & Scheetz
3000 Two Lane square
18th and Arch streets
Philadelphia, PA 19103-2799
Dated:
Michael P. Subak, Esquire
Pepper, Hamilton & Scheetz
3000 Two Lane Square
1Bth and Arch Streets
Philadelphia, PA 19103-2799
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December 22, 1995
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HEMPT BROS" INC..
Plaintiff
v,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
THE LANE CONSTRUCTION CORP.,
CIVIL ACTION -- LAW
NO. 95-4636, CIVIL TERM
and
SEABOARD SURETY CO.,
Defendants,
THE REPLY OF DEFENDAN'l'S, THE LANE
CONSTRUCT:ION CORPORAT:ION AND SEABOARD SURETY
COMPANY. TO THE NEW MA'l"l'ER OF PLA:IN'l':IFF. HEMPT BROS.. :INC.
Defendants, The Lane Construction Corporation ("Lanen)
and Seaboard Surety Company ("Seaboard"), acting through their
undersigned attorneys, file this Reply to the New Matter of
Plaintiff, Hempt Brothers, Inc. ("Hempt").
REPLY
72. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
73. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
,. -;...~c, '_.. .
74. Denied. To the contrary. on June 3, 1994, Hempt
delivered to Lane three loads of concrete, one of which failed to
meet PennDot specifications and was therefore rejected.
75. Denied. To the contrary, on June 7, 1994. Hempt
delivered seven loads of concrete to Bridge 7. one of which
failed to meet PennDot specifications for air content and was
therefore rejected.
76. Denied. To the contrary, on June 8, 1994, Hempt
delivered nineteen loads of concrete to Bridge 6, one of which
failed to meet PennDot specifications for air content and was
therefore rejected.
77. Denied. To the contrary, on June 10, 1994, Hempt
delivered nine loads of concrete to Bridge 6, one of which failed
to meet PennDot specifications for slump and was therefore
rejected.
78. Denied. To the contrary. on June 27. 1994, Hempt
delivered seventeen loads of concrete to Bridge 5, five of which
failed to meet PennDot specifications for either air content or
slump and were therefore rejected.
79. Denied. To the contrary, on June 30, 1994, Hempt
delivered twenty-two loads of concrete to Bridge 3. two of which
failed to meet PennDot specifications for air content and were
therefore rejected,
80. Admitted.
81. Denied. To the contrary. on July 7. 1994, Hempt
delivered fourteen loads of concrete to Bridge 8, three of which
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failed to meet PennDot specifications for either air content or
slump and were therefore rejected.
82. Denied. To the contrary, on July 8, 1994, Hempt
delivered four loads of concrete to Lane for a concrete safety
wall under Bow Creek Road on I-81 Northbound, one of which failed
to meet PennDot specifications for slump and was therefore
rejected.
83. Denied. To the contrary, on July 28, 1994, Hempt
delivered three loads of concrete to Lane for a concrete safety
wall under Linglestown Road on I-81 Northbound, one of which
failed to meet PennDot specifications for air content and was
therefore rejected.
84. Admitted.
85. Admitted.
86. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
87. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED. By way of
further answer, the allegations of this paragraph are so vague so
as to prevent Lane from responding.
88. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
89. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
90. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
91. Admitted.
92. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
93. Denied. To the contrary, a load of concrete that
Hempt delivered to Bridge 8 on August 8, 1994 was placed in
Bridge 8, but the 28 day strength failed to comply with PennDot
specifications. PennDot directed Lane to remove and to replace
the components containing the concrete of deficient strength.
94. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
allegations are factual in nature, they are DENIED.
95. Denied. The allegations of this paragraph are
conclusions of law to which no response is required and are
therefore deemed to be DENIED. To the extent that the
.,.
allegations are factual in nature, they are DENIED.
96. Denied. To the contrary, the deviations in the
surface of the deck on Bridge 7 were caused by Hempt delivering
4
concrete containing inconsistencies. By way of further answer,
Lane did not experience any equipment breakdowns on Bridge 7.
WHEREFORE, Lane and Seaboard respectfully request
judgment in favor of Lane and Seaboard and against Hemps as more
fully set forth in the Counterclaims.
j1:e~t['Y ~rtted'
Robert E. Heideck (No. 29197)
Michael P. Subak (No. 73354)
Pepper, Hamilton & Scheetz
3000 Two Logan Square
18th & Arch Streets
Philadelphia, PA 19103-2799
(215)981-4000
Attorneys ~or Defendants, Lane
Construction Corporation and
Seaboard Surety Company.
Dated:
January 31, 1996
'. ~1/30/96 14112 7174691332
JAN-30-96 TUE 15:13 LANE CONST. IGRANTVILLE
FAX NO, 7174691332
P.02
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X. .~%C JD. Alger, .~a~e that % ... An ell\Ploy.e of Lane
Conatzuction corporation. that I ~ a~~hD~iz.4 ~o make ~hi.
verifieation, and tbAt the fAce. .. ..e forth in the foregoing
.aply of Defendanta, The Lane conacruecion corporation and
SeAbeal'd SlIraty CClIIlPany, to tb.. New Matter of Plaintiff. H_pt
lIlroa., J:no. ..,... t=a and correct to tbe beat of 'IflY knowledge,
lnfo~t:l.Oft an~ balief, and I underatand that the acacementa mad.
are subjact to tba ~ltie. of 18 pa.C.S: I 4904 relating eo
unwwoxn f&laification to authoriti...
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