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Home My WebLink About00-06879 .,1 . "1- '" t ,';,;: ~ ' ~-'}i,,"_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA MID-STATE SURETY COMPANY, Plaintiff, v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. , 111.0 1/1iU.11I ~rtieS 'i~. '.a~~"fie~r;om.lie..~Ollje. a.w. .rittf.ll1. rel$pOf'>se 10 the enclvl;ed wit!'1l11 20 days from sen"~ hiT. a may be entered against you. By . \ ei re... Attorney for"':p'l9, i tr-h l!. , CIVIL DIVISION G()~(Y~ No. Q:) - u>1f COMPLAINT Filed on Behalf of: Plaintiff Counsel of Record for This Party: Elizabeth E. Deemer, Esquire Pa.J.D. #58232 BROWN & LEVICOFF, P.C. Firm #245 600 Gulf Tower Pittsburgh, PA 15219 (412) 434-5200 A JURY TRIAL IS DEMANDED. .u'" I...;, -..-~, - ' ',.......:.J ~. 'rtll.Y.i NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION Two Liberty Avenue Carlisle, P A 17013 717-249-3166 , .! , ~ -" 1-. ~ .' , ". . -. "~- :- ". - '" ..-' ,J" ~I>:i" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA MID-STATE SURETY COMPANY, No. tJO- C.i'79 ~ J~ Plaintiff, v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. COMPLAINT Count I - Contractual Indemnity 1. Mid-State is a corporation organized and existing under the laws of the State of Michigan with a corporate office located at 102 Kercheval, Grosse Pointe Farms, Michigan 48236. Mid-State is engaged in the business of issuing payment and performance bonds, as surety, for construction contractors. 2. Defendant Phoenix Industrial, Inc. ("Phoenix") is a Pennsylvania corporation engaged in the business of construction with its principal place of business of construction at P.O.Box 356, 4590 Industrial Park Road, Camp Hill, Pennsylvania 17001. Phoenix is/was engaged in business as a construction contractor. 3. Defendants H. Daniel Beigh, III and Oneida H. Beigh, husband and wife, are individuals who reside at 2300 Foxfire Circle, Mechanicsburg, Pennsylvania 17055. 4. On or about July 13, 1999, Phoenix and The City of Harrisburg, Pennsylvania, entered into a contract for cast-in-place concrete for the National Civil Ware Museum, Reservoir Park, Harrisburg, Dauphin County, Pennsylvania ("Civil War Museum"). Mid-State issued - ~~ ~ ;';' -',;.-,OJ' ',,' ~ .-..c-_-. -,,-~ illli!ll\l'!ih. performance and payment bonds for the Civil Ware Museum contract. True and correct copies of the bonds are attached hereto as Exhibits "A" and "B" respectively. 5. The Performance Bond provides that if the principal (phoenix) fails to faithfully perform the contract and fails to satisfy the claims arising therefrom, Mid-State shall be obligated to satisfy such claims up to Five Hundred Twenty Nine thousand and 00/100 Dollars ($529,000.00). 6. The Payment Bond provides that if the principal fails to promptly make payment for all material, labor, rental of equipment and services, Mid-State must make such payments up to Five Hundred Twenty Nine Thousand and 00/100 Dollars (529,000.00). 7. Phoenix entered into a subcontract with Y oe Concrete Construction Inc. ("Y oe") for the cast-in-place concrete for the Civil War Museum project. 8. Although Phoenix has been paid by the project owner, Phoenix has failed to pay Y oe for performance of its contract regarding the Civil War Museum Project. 9. As a direct result of Phoenix's failure to pay Yoe, Yoe sought payment for $149,495.40 under the applicable bond. 10. On or about June 12, 1998, in connection with and in consideration for the execution of performance and payment bonds by Mid-State in favor of Phoenix, H. Daniel Beigh, III as President of Phoenix and H. Daniel Beigh, III and Oneida H. Beigh, individually executed an Indemnity Agreement. A true and correct copy of the General Agreement of Indemnity ("GAl") is attached hereto as Exhibit "C". 11. The terms and provisions of the GAl are incorporated herein as if fully set forth. 12. By the terms of the GAl, Phoenix, by and through its president, H. Daniel Beigh, III and H. Daniel Beigh, III and Oneida H. Beigh, individually agreed to indemnify, and save harmless 2 "lb...",,-,-,~I , , ,~ ..;G_, '~,":.;;,- Mid-State against every claim, demand, liability, loss, cost, charge and counsel fees sustained or incurred by Mid-State in connection with any bonds executed on behalf of Phoenix. 13. As of July, Mid-State has incurred costs and expenses in the performance of its obligation as surety under the Bonds on behalf of Phoenix in excess of $150,000.00 and continue to be exposed to additional claims in an amount not yet known or determinable. 14. Despite due demand for payment by Mid-State, Phoenix, H. Daniel Beigh, III and Oneida H. Beigh have failed to pay the amounts now due and owing. 15. Phoenix, H. Daniel Beigh, III and Oneida H. Beigh, have breached the GAl by failing to indemnify Mid-State for the amount Mid-State paid on behalf of Phoenix. 16. Pursuant to the GAl, Phoenix, H. Daniel Beigh, II and Oneida H. Beigh are liable to Mid-State in an amount in excess of $150,000.00 together with interest calculated pursuant to the terms of the GAl no part of which has yet been paid. 17. Pursuant to the terms of the GAl, Phoenix, H. Danief'Beigh, III and Oneida H. Beigh, are liable to Mid-State for all expenses incurred by Mid-State under the GAl. Such expenses include the costs of this lawsuit and reasonable attorney's fees. WHEREFORE, Mid-State demands judgment against Phoenix, H. Daniel Beigh, III and Oneida H. Beigh, individually, jointly and severally, in an amount in excess of $25,000.00, plus costs, interest, expenses and reasonable attorney's fees incurred. Count II - Common Law Indemnity 18. Paragraphs 1 through 18 are incorporated herein by reference as if fully set forth. 19. Mid-State, as surety, is entitled to indemnification at common law with respect to all payments, loss, costs and expense incurred by Mid-State in performing as surety under provisions of the Payment Bond and Performance Bond. 3 " " d ~i'.f., WHEREFORE, Mid-State demands judgment in excess of $25,000, plus costs, interest, expenses and reasonable attorney's fees incurred. 9 lza E. Deemer, Esquire Pa.I.D. #58232 BROWN & LEVICOFF, P.C. Firm I.D. #245 600 Gulf Tower Pittsburgh, PA 15219 (412) 434-5200 Attorneys for Plaintiff 4 --- "" , L_ . ~, ,J" b." ,_-,._ > c_ ~.' ';'1\i~ r ! .~. . - Performance Bond ~ AlA Document A312 - Electronic Format TillS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN AlTORNEY IS ENCOURAGED WITH RESPECr TO ITS f . COMPLEI10N OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFfED AlA DOCUMENT MAYBE MADE BY USING AlA DOCUMENT 0401. Any singular reference to Contract. Surety. Owner or Other Party Shall be considered plural where applicable, , BOND #338013 ., CONTRAcrOR (Na"", and Address): PHOENIX INDUSTRIAL, INC. P.O. Box 356 Camp Hill, PA 17011 OWNER (Nam< and Add"ss): THE CrTY OF HARRISBURG, PENNSYLVANIA 10 North 2nd Street, Suite 304A Harrisburg, PA 17101 CONSTRUCfION CONTRAcr Date: 07/13/99 Amount: Fi ve Hundred Twenty Ni ne Thousand and----OO/1 00 Description (Name and Loca,ion): Cast-in-place concrete for the Resel'Voit' Pat'k, Hanisbut'g, Dauphin Co., PA BOND Date (Not earlier than ConstrUction Contract Date): Augus t 17, 1999 Amount: Five Hundt'ed Twenty Nine Thousand and----00/100 Dollars (.$529,000.00) Modifications to this Bond: P(j None [ ] SeePage CONTRActOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: PHOENIX INDUSTRIAL, INC. MID-STATE SURETY CORPORATION SURETY (Name tutd Principal Placc of Busincss) MID-STATE SURETY CORPORATION 29 Kensington Parkway, Unit 16 Ahin9don, MO 21009 " i-e Dollars ($529,000.00) National Civil War Museum, ~ (Corporale Seal) . Signature: Signature: NameandTitle: Mary Anne Brennan, Attorney-in-Fact Name and Title: (Any additional signatures appear on the last page) (FOR INFORMATION ONLY - Name. Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or other party): HAYES LARGE ARCHITECTS P. O. 80x 1144, Harrisburg, PA 17108 BYERLY INSURANCE AGENTS & BROKERS, INC. P. O. Box 525, Lemoyne, PA 17043 717-761-4010 AlA DOCUMENT A3t2' PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA i&o THE AMERICAN INSTITUTE OF ARCHITECTS. 1135 NEW YORK ^ VENUE. N.W" W ASHlNG'ION. D.c.. 20006-5292 . THl\lD PlUNTlNO . Mf.RCH 1987, W ARNINO; Unli,xnsed pholoCopying vioWes U.s. copyright laws and is subject to legal prosecu~on. This doeument was e1ec<ronieally produeed with pennission o( the AlA and eaR be n;produccd without violation until the date of e.x:pUation as noted below. Electronic Fo User Document: A312-NCWM.DOC - 1.1'811998. AIA License Number 111993, which expires on 2n.8 EXHIBIT , ll__ ,~. ! [ r' i , ! r- ,. ~ .... I L I I L ~ ,< ! ~. , l; -~~ ~I 1 Tho Contr~ctor ~nd the Surety.jo' ~nd severally. bind themselves, their heirs. executors,. adnllOistrators. successors ~nd assigns to the Owner for the performance of the Construction Contract. which is incorporated herein by reference. 2 If the Contractor perfonns the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond. except to panicipate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default. the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such llIl agreement shall not waive the Owner's right,' if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor'sright to complete the contract Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have reeeived notice as provided in Sub-paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety In accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 WhelL~ the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for Iile Ggontractor, with consent of the Owner, to perform and complete lbe' 'Construction Contract; or 4.2 Undertake to perfonn and eomplete lbe Construction Contract itself. through its agents or through independent contractors; or IL <~ ,I ~ '-'....... lfliiolSil""'-, contractors eplable to lbe Owner for a COnlract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner'sconcurrence, to be secured with performance and. payment bonels exec~ted by a qualified surety eqUIvalent to the bonels ISSUe<l on the Construction Contract, and pay to the Owner the amount of danlages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete. arrange for completion. or obtain a new contractor and with reasonable promptness under lbe circumstances: .1 After investigation, determine. the amount for which it may be liable to the Owner and, as Soon as practicable after lbe amount is determined, .tender paymentlberefor to lbe Owner; or .2 Deny liability in whole or in pan and notify the Owner citing reasons lberefor. 5 If the Surety does not proceed as provided in Para.graph 4 with reasonable promptness. the Surety shall be deem,d to be in default on lbis Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and lbe Owner shall be entitled to enforce any remedy available to lbe Owner. If the Surety proceeds as provided in Subparagraph 4.4, and lbe Owner refuses the payment tendered or the Surety has denied liability. in whole or in pan. without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 Mter the Owner has terminated lbe Contractor's right to complete the Construction Contract, and if lbe Surety "leets to act under Subparagraph 4.1, 4.2, or 4.3 above. then the responsibilities of the Surety to the Owner shall not be: greater than those of the Contractor under lbe Construction Contract, and the responsibilities of the Owner to lbe Surety shall not be greater than those of lbe Owner under lbe Construction Contract. To the limit of the amount of this Bond. bur. subject to commitment by lbe Owner of lbe Balance of lbe Contract Price to mitigation of costs and damages o~ lbe Construction Contract, the Surety is obligated wilbout duplication for: 6.1 The responsibilities of the Contractor for cClrrection of defective work and eompletion of lbe Com,truction Contract; 6.2 Additional legal, design professional and delay costs resulting from lbe Contractor's Default. and resulting AlA DOCtlMENl' A3t2' PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA (po TIlE AMERICAN tNSTIrt1TE OF AROlm:crs. 1735 NEW YORK A VENUE. N.W" WASHINGTON. D.c.. 20006-5292 . THIRD PRINTING' MAROl t987. W ARNlNO; Unlicensed photocopying violates US, copyright laws and is subjec:t lO k.gal prosecution. This document was electronically produced with pennission or the AlA tnd can be reproduced without violation until me date of expiration as noted below, , Electronic Format A312-1984 User Document: A312-NCWM.DOC -- 111811998. AlA License Number 111993, which expires on 2f28n.OOO -- Page #2 4.3 Obtain bids or negotiated proposals from qualifie<l '- y~'-~ '~~1~~~ J"" _ J I. . from the actions or failure to act of the Surety under . Paragraph 4; and r- I 6.3 L.iquidated damages; or, if no liquidated damages are specified in the Construction Contract. actual damages caused by delayed performance or non-performance of the Contractor. I L. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contrac~ and the Balance of the Contract Price shall not be reduced -or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors. administrators or successors. ~ -.- I. 8 The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to related subcontracts, purchase orders and other obligations. .. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within tWO years after Contractor Default or within tWO years after the Contractor ceased working or within tWO years after the Surety refuses or fails to perfonn its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. L < 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: ~ ! --'"'~-~ ~"..~, construction was to be performed, any provision in thi!, Bond conflicting with . ., statutory or legal requirement shall be deemed deleted h from, and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor und,,, the Construction ContraCt after all proper adjustments have been made. including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract 12.2 Construction Contract: The agreement betwe.en the Owner and the Contractor identifted on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor. which has neither been remedied nor waived. to p"rfonn or otherwise to comply with the terms of the Construction ContracL 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived. to pay the Contractor as required by the Construction Contract or to p"rfonn and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cove\.page.) CONTRAcroR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: SURETY Company: (Corporate Seal) Signature: Name and Title: AlA DOCUMENT A312' PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA ~ THE AMERICAN INSTITUTE OF ARCHrrecrs. 1735 NEW YORK AVENUE. N.W. WASHINGTON. D.C.. 20006-5292 . nllRO PRINTING' MARCH 1987. WARNING: Unllo:ns<d photocopyin8 violates U.s. copyright laws and is .ubject 10 legal prosecution. This document was elearonic:.1lly produeed wilh pemUssion of the AlA and C2I\ be reproduced without violation untit the dale oC expUation IS noted below. . Electronic Fonnat A3l2-l984 User Document: A312-NCWM.DOC - 111811998. AlA License Number 1 11993, which expires on 2.l2Sf2000 - Page #3 --- .-, - --<_. , --, 1 "'~g" MID-STATE SURETY CORPORATION G. SSE POINTE FARMS, MICHIGAN ~ _36 338013 POWER OF ATTORNEY Know All Men By These Presents: That the MID-STATE SURETY CORPORATION. a corporation of the State of MICHIGAN. having its principle office in the City of Grosse Point Farms. Michigan pursuant to authority granted by the resolution of its Board of Directors. which reads as follows: The President, the Vice President. or the Treasurer of this Corporation shall have authority to appoint in writing such attorneys-in-fact. as the business of the Corporation may require, and to authorize such attorneys-in-fact, and each of them to execute on behalf of the Corpowtion. any bonds, recognizances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth, "Said appointments shall be attested by the Secretary or a Vice President of this Corporation under its seal. The signature of.the Secretary or any Vice President to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed: thereto, any third party may rely on said certified copies of power of attorney as the act and deed of this Corporation. The President. the Vice President, or Treasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment" does hereby nominate. constitute and appoint JAMES C. BYERLY, LYDlAA. MANTLE, MARYANNE BRENNAN, BRENT HEADLEY BYERLY INSURANCE AGENTS AND BROKERS, INC. its true and lawful Attorney -in-Fact, to make. execute, seal and deliver for and on its behalf, as Surety, and as its act and deed Any and all bonds in an amount not exceeding $7,000,000.00 in any single instance, for or on behalf of this Company, in its business and in accordance with its charter. and to bind MID-STATE SURETY CORPORATION, thereby. and all of the acts of said Attorney-in-Fact. pursuant to these presents, are hereby ratified and confirmed. IN WITNESS WHEREOF. MID-STATE SURETY CORPORATION of Grosse Pointe Farms, Michigan, has caused these presents to be signed and its corporate seal to be hereunto affixed this 10th day of June 1994 'I I MIDSTATE / PRESIDENT STATE OF MICHIGAN. COUNTY OF WAYNE On this 10th day of JUNE A.D. 1994 personally came before me JOHN J. BARRY. to me known to be the individual and officer of the MID-STATE SURETY CORPORATION of Grosse Pointe Farms Michigan, who executed tlk above instrument. and acknowledged the execution of the same and being by me duly sworn, did severally depose and say: that he is !he said officer of the Corporation aforesaid and the seal affixed to the above instrument is the seal of the corporation" and that said corporate seal and their signatures as such offi"ers " were'duly affixed and subscribed to the said in instrument by the authority of the Board of Directors of said corporation. ~ ().. ,-0. ~~- DEBORAH ANN i My Commission Expires Nnb'Y Pl'hli~ n.klMrl.r.nllniy. MI My Commission Ex;;iras !\pr. l!, 1999 I. the undersigned Vice President of the Mid State Surety Corporation of Grosse Point F~nns. Michigan, a Michigan corporation. DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore that the provisions of the By-Laws of the Company and the Resolutions of the Board of Directors set forth in the Power of Attorney, are still in force. Signed and sealed in the City of Grosse Point Farms this 17th day of AlIlJfl<:t L_ !DENT - Ii - .-, . - ! r Payment Bond [ CONTRACTOR (Nam< and Address): AlA Document A312 - Electronic Format BOND #33B013 SURETY (NCJJn.t twf Principal Plnet of Bu.rin~Sl): PHOENIX INDUSTRIAL, INC. f' P. O. Box 356 I I. Camp Hill, PA 17011 MID-STATE SURETY CORPORATION 29 Kensington Parkway, Unit 16 Abingdon, MD 21009 OWNER (Nam< and Addrm): /' THE CITY OF HARRISBURG, PENNSYLVANIA 10 North 2nd Street, Suite 304A Harrisburg, PA 17101 i l - CONSTRUCTION CONTRACT Date: 07/13/99 Amou.nt:. Five Hundred Twenty Nine Thousand and----00/l00 Dollars ($529 000.00) Descnpuon (NOlI!< and Localion): C . ' . . ast-ln-place concrete for the National Civil Wal'Museum, - Reservolr Park, Harnsburg, Dauphin Co., P.ll, BOND .. Date (Not earlier than Construction Contract Date): August 17, 1999 - Amount: Five Hundred Twenty Nine Thousand and----OOIlOO Dollars ($529,000rOO) , , Modifications to this Bond: [ ~ None J See Page - CONTRACTOR AS PRINCIPAL SURETY 0' Company: (Corporate Seal) Company: PHOENIX INDUSTRIAL, INC. :r. b (Corporate S"al) MID-STATE SURETY CORPORATION " Signature: Name and Title: Signature: Name and Title: Mary Anne Brennan AttorneY-in-[act (Any additional signatures appear on the last page) ..' (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or other party): HAYES LARGE ARCHITECTS P. O. Box 1144, Harrisburg, PA 17108 BYERLY INSURANCE AGENTS & BROKERS, INC. P. O. Box 525, Lemoyne, FA 17043 717-761-4010 AlA DOCUMENT A312' PERFORMANCE BOND AND PAYMENT BOND' DECEloiBER 1984 ED. . AlA ~ TIlE AMERI<:AN [NSTInJTE OF ARCHlIECTS. [735 NEW YORK AVENUE. N.W_ WASHINGTON, D.C_ 200Q6.5292 . TIlIRD PRINTING' MARCH 1987. WA!RNING; Unlicensed photocopying violates U,S. copyright laws and is subject to legal prosecution. This document was elccttonica1ly produced with pennission of rhe AlA and can be reproduced without violation until the date of expiration I[S noted below. Electronic F . User Document: A3 12-NCWM.DOC - 11/8/1998. AIA License Number 111993, which expires on '~~'~-'. I JB "." , ~_.,l ~ 1 The Contractor and the Surety, jointly and severally bind themselves. their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfonnance of the Construction Contract, which is incorporated herein by reference. r ,. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: " 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and t. r 2.2 Defends, indemnifies and holds harmless the Owner from claims. demands, liens or suits by any person or entity whose claim, demand. lien or suit is for the payment for labor. materials or equipment furnished for use in the perfonnance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands. liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. r' L : i. 3 With respect to Claimants. this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. ,- '- f" 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a coPy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: u ~ ,1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last perfonned labor or last furnished. materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or perfonned; and .2 Have either received a rejection in whole or in . . ~> w . 'i!!l\~ part hum the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days. have sent a wriuen notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner. stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, such _limI is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner. within 45 days after receipt of the claim. stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety'stotal obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfonnancc. of the Construction Contract and to satisfy claims, if any, uncleI' any Construction Perfonnance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the ContraCtor in the perfonnanee of the Construction ContciCtare dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner. Claimants or others for obligations of the Contractor that are unrelated 10 the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments 10, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. AlA DOCUMEIIT A312' PERFORMANCE BOND AND PA YMEIIT BOND' DECEMBER 1984 ED. . AlA ~ THE AMERICAN INSTtTlITE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W" W ASHlNGTON, D.c.. 20006.5292 . TIllRD PRINTING' MARCH 1987. vi ARNlNG; Unli",nsed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produCed with pemUssion of the AlA Ill.d can be reproduced without violation until the date of expiration as noted below. ElectromcFonnat A312-1984 User Document: A312-NCWM.DOC - 11/8/1998. AlA License Number 111993, which expires on 212812000 - Page #5 .".. ~. -~. ,-. -- :.".....-....,.- ---..... "...'it!. J...._"'"~L "'C".olli..I,",~","" _ J ~~ ". ~,. ~' ! 10 The Surety hereby waives notice of any change. including changes of time. to the Construction ,- -tract or to related subcontracts. purchase orders and other _.gations. ,'- t 11 No suit or action shall be commenced by a Claimant under this Bond other than in a coun of competent jurisdiction in the location in which the work or pan of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4_1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first OCCUrs. If the provisions of this Paragraph are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor. however accomplished, shall be sufficient compliance as of lhe date received at the address shown on the signature page. r' , , I I. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statUtory or legal requirement shall be deemed deleted herefrom, and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. '- ,. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: .:.,'/iIi' .~.'~.M1!1 14 Upon request by any person or entity appearing to be a potential benefl-. -, of this Bond, the Contractor shall promptly furnish JPy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontrac:tor of the Contractor to furnish labor, materials or equilpment for use in the performance of the Contract The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that pan of water, gas, power, light, heat, oil. gasoline, telephone ser,ice or rental equipment used in the Construction Contract. architectural and engineering services requircrl for performance of the work of the Contractor and the Contractor'ssubcontractors, and all other-items for which a mechanic's lien may be assened in the jurisdiction where the labor, materials or equipment were fumil;hed. 15.2 Construction Contract: The agreement betw"en the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner. which has neither been remedied nor waived. to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. i_ (Space is provided below for additional signatures of added panies, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: SURETY Company: (Corporate Seal) Signature: Name and Title: , lA op. 1lIE AMERICAN INsmure OF AlA DOCUMENT A3t2" PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 19:~~~ ~ MARCH 1987 WARNING: U,licensed ARpb CH~S'. t'~~~l1 NEWs ,;;2n~gbt ~::~ :;:.:~~;~~~~~ ~~~~; ':1~~nicalIY produ=l with pencission of the AlA and can be otocopymg VIOl4l.Q . -rJ . . J reprodu=l wilhout violotion until the cia.. of "plt.uon 15 noted below. Electronic Format A312.1984 User Document A312-NCWM.DO:: - 111811998. AIA License Number 111993, which expires on 2f28n.OOO -- Page #6 .. '~-;""'--'~;:"'.~-" . " ._',. '.~ ::;.-~-:i:':;~ -~~"f.,:,~:. .-_' -- ____1_ lV!JU-~IAIJ::, ~UKt.TY CORPORATION , )SSE POINTE FARMS. MICHIGAN . ;-, 136 338013 .;. POWER OF ATTORNEY Know All Men By These Presents; . . That' the.MID-STATE SURETY Cdl.PORATION. a corporation of the St,ne of MICHIGAN. having its principle office In the City of Grosse Point Farms, ~i~:higan purs~ant to ~uthority granted ~y .lh~. resolution of i[~ Board of Directors. which. read? as follows: The President . th~ Vice President. or the Treasure; of this Corpo~tion .s~aII have authority to appoint in writing such attorneys-in-fact. as the business of the Corporation may' require. and to authorize such, attorneys-in-fact. and eJch of them to execute on behalf of the Corporation. any bonds, recognizances, stipulations, contracts of indemnity and other undertakings of like character. or to exercise any lesser number of said powers- as hereinbefore set forth, . . . ~>. ':. ~;..' -, ~..:..., "Said appointme~~ts '-shall be att'~s:t~d' by the Sec~etary b/~ Vice PreSide~'t>of'~his CorPoration under its se~I. The signature of the'S~cr~tary or any Vice President to certified copies'of such powers of attorney may be 'original or facsimile. and when the corporate seal is affixed thereto, any third party may rely on said certified copies of power of attorney as the act and deed of this Corporation. The Pr~sident , the Vice President, or Treasurer may revoke any appointment made pursuant hereto. and revoke any and all authority conferred by any such appointment" does hereby nominate. constitute and appoint JAMES C. BYERLY, LYDIA A. MANTLE, MARYANNE BRENNAN, BRENT HEADLEY BYERLY INSURANCE AGENTS AND BROKERS, INC its true and lawr~1 Attorney -in-Fact, to make, exec~[e. seal and deliver for and on its behalf, as Surety, ~nd as its act and deed Any and all borids in an amount not exceeding $7.000.000.00 in any single instance, for or on behalf of this Company. in its busineS;; ~nd in accordance with i";'chart~i; .';,(to bind MlD-STATE SURETY CORPORATION. thereby . and all or'th~ ~~tS of saidAttcmby,iri,Fact, pursuant to thes'e'presentS. are hereby ;atified and confirmed. . .1-. ,'. ;L.-~~,"~ ~",. . '.. .-:~\, '>"~" . . -. ,;' ,,<..~,:.",.: ' To,: ~.: .:;:,: '. , .~. -: ." ,'. ~". ' . :)::. ..::;,~'<;:~..~::, '. i-'" ....:;-?:---.:. IN WITNESS ',VHEREOF, MlD:STATE,SURETY CORPORATION of Grosse Point" Farms. Michigari;hai'caused these presentsto bC . signed and itS c~rporale seal tO,be he;eunto ~ffjxed this.i!l!h day of J~ne 1921 . ' . .,c..::;1 .' . '. . ".-, - ' , . - ';."",.:../ '. 'MIl? STi\.1:'E. '/.,:~, '." . RPORATION ,.. .'....,:,:.. :':. ',..,..,.. STATEOFMIcfnGAN,COUNTYOF:WAYNE ..", >. 'ioIJN.. ..~':': ":'. '- "~,' -:":/,,,:":":~'(;.. .,'.; '< ':',,'., ':.~ ,'....-.. .' - .)!~::-"....< "".' ..".....<'~.;\: On lhlslQ!h day;)f mA.D:'19~;;ers~ria!ly cam~ b~fore 'me JOHN J, BARRY. to me known'to'be the'indi~Id~al and office~ of the: . MID-STATE S~ CORPORATION of Grosse Pointe Farms Michigan, wl10 executed t)le above ins\niment, and ackriowledge~ the execution of th~ same,a~d beini-by'~e duly sworn, dio. severally depose and'say: that he.is {pe said officer,o(lhe Corporation 'aforesaid', ' , ". ...' . , '" ".'. . .-" ~ .-., ' -' ., ' '., -' , " . ",:.1. .... ': ':' ", .. and the seal affixed to the above instrument is the'se'id of tbe corporation 'ana. ih'at said corPorate seal 'and "their ~sign'atureS 'as such officerS' were duly affixed and s~bsc~ibed '.tq 'the said, in ~ns.trum~nt by tbe authority of ,the Board of Directqrs of said c~rPoration.',' . '.. ....... < ...,~, \~: ., , ..' ": ,.~-.. >.. ":" .. ' ~ ,: r/<l1(L6,,~~ ..,.;.. ., .-,". " ,l,.".....~,"...., ",c ,>~.".::"':DE80RAHANNt.&&Pi';" .' .' ,~'.~ ' My ~?mJl1is~'ion Exp,ires '" .'_ ,~'Y ~lth'i.....,()~ldMri ~nHn~ fun ~ . . ...,.'" ~ ': .'. . .J::,' '..: ' ,..-. .' ,_ ;.,: . ":'::.: ~\;__,~~: :,,:, ,'9;;: . :";'~ . ~~\'>P~(~~F,~ioll ~Jires Ap~".~_>,i~99 I. the undersign~~.. Vice_,Preside~t ,~f, th~ ?vfid State Surety C~lJ'oration of drosse,~P6int F;lrrns';~ichigan~ a, .M;fchigan cOrPoration~ ".' ;-,,,;~~_,:,,~'i~.~'" DO HEREB Y .CERTIFY 'that the' fo.r,igoing Power of Attornei remains in full.forceand has not been. rexoked,'.arid furthermore that the :,;,::'.', pro'visions of the By-Laws of the Company and the Re.solut~ons -o(tbe Board o{D{r~ctors set forth in the ~b~~r of Attorney, are still i~~lorce. ... " . ,..... ..' . " ..' :.;';';)i/':'f,.' : '.:~~f~~i'::' "'.',}~f'" Signedandseale'diiJth~CityofGrbssePointFarmsthis 17th ~ayo\''; " A"1)rrct ,1.~:"QQ'~ '1 ...... -_.-~~ " ~ ),0 ~~W~ . lCw'=""'~~"""'" ". . GENERAL AGREEMENT OF INDEMNITY WHEREAS PHOENIX INDUSTRIAL, INC. requires or may hereafter require suretyship upon certain bonds or obligations 01 suretyship and has applied or may hereafter ~~tothe MID-STATE SURETY CORPORATION . (hereinafter called the Company) to execute such instruments as Surety. , NOW, THEREFORE, should the Company execute or procure the execution of the suretyship for which application is now I~ending. or whICh may be her~after applied lor. or other suretyship. in lieu thereol. or in lieu 01 suretyship now outstanding. or in connection th'erewKh. the underSIgned. heremafter called the Indemnitor. does (it there be more than one Indemnitor. they joinUy and severally and for each G,ther do), in consideratIon thereof. hereby undertake and agree: .1. That the Indemnitor will pay, or cause to be paid, to the Company, as and when each and every such bond or obligation is executed, the. premIum therefore 10 accordance WIth the regular scheduled rates of lhe Company then in force, and annually thereafter (except when the IM.al p~em.um IS scheduled, as a term premium) pay to the Company the annual premium therelore in accordance with such rates until the IndemMor shall serve upon'the Company compelent. written. legal evidence satisfactory to the Company of its final discharge from such suretyShIp and any and all renewals and extensions thereof. 2. That.the .lndemnKor will perform all the condKions at each sam bond or obligation, and any and all allerations. moditications. renewals. co. ~Imuatlons. and extensIons thereof, and will at all times indemnity and save the Company harm. less from and against evelY. C.I.a. im , demand, IIabnlty, lDss, cost.;Charge, counsel tee. payable on demand at Surety. whether actuaJ~ incurred or not. (including lees'ofs~iaJ counsel: whene~er by the Com any deemed necessary) expense, suit, order judgment and adju icatian whatsoever, and any and all Ii~bir therelor~, sustaIned or inCUrre~bY the Company by reason 01 having executed or procured the ex. cution 01 said bonds or obligations, and w"tl place the Company.in funds to meet same before it shall be required to make payment. and in cilse the Indemnitor requests,the Company,to 10m In the prosecutIon or defense 01 any legal proceeding, the lndemnKor will, on demand of the llompany,place it in funds sufficient to defray all expenses and allludgmen!s that may be rendered therein, , 3, That the suretyship is for the speCial benefit Of the Indemnitor and the Indemnitor's properly now owned or hereafter acquired and the mcohle and earnings thereof. Irom all of which the Company shall be entitled to indemnity; an4 the Indemnitor represents that it is specially and beneficially interested in the subject of any such suretyship, in the sur&tyship required and the continuation thereof. 4, T~atthe Company shall have every right and remedy which a personal surety without compensation would have. includino lhe right to secure its discharge from its Suretyship. and In Ihe absence or delaun 01 its Indemnffor the Company may. at its option, exercise all rights.of said Ind~mnrtor. and should it make any paymen\' shall have every right and remedy 01 the IndemnKor for the recovery of the same, 5, Thatth.e Company shall have the right to pay. sellle or compromise any expense. claim or charge 01 the character enumerated in this agreement. :and the voucher or other eVIdence of such payment shall be prima facie evidence of the propriety thereof and of the Indemnitor's liabilIty therefore to the Company. 6, That this agreement shall no\, nor shall acceptance by the Company of cayment for Ks suretyship, nor agreement to accept. nor accepta~ce ;by K at any time of other security. nor assent by " to any a~t of the ndemn"or named in any suretyShip obligation, or of 'any person acting on behalf 01 the IndemnKor. in any way abridge. defer or limit its right to be subrogated to any right or remeov. nor limrt nor abridge !any right or remedy which the Company otherwise might or may have, acquire. exercise or enforce. nor create any liabnity on the part of the Cpmpany which would not exist were this agreement not executed. 7 That the haMilY 01 the Indemnitor shall not be discharged by any change in penalty. amount 01 terms of any bond or obligation execute~ on the security hereof. or by any change in the Obligee therein; or by any and all alterations. moditications. renewals. continualions. and. ext~nsions thereof; and the Company is hereby authorized to correct any mistakes in and to execute any substitutes for salid bonds or obligations with the same or different conditions. provisions. amounts and Obligees, it being hereby agreed that this instrument shall in all Its terms apply accordingly. The Company is hereby authorized to allach hereto a copy of any and or obligation secured by this agmement. and to tnl up any blanks leI! herein or therein. and to correct any errors in tnling up any such blanks or in the descriptions of saw bOnds or obligations. B. That in the event any such bond be given in connection with a contract 01 the IndemnKor for construction work, the IndemMor hereby dedicates all plant and material owned or acquired by it and used for the performance 01 such contract to the performance of the same and lurtheragr~s in the event 01 failure to complete or carlY on such contract to aSsign and does here~ assign to the Company, 3,11 right, title and interest of the Indemnrtor in and to all the tools. pfan\, equipment an.d materials 01 evelY nature and description, including as well materials pUrchased for or chargeable to such contract. which may be in process 01 construction. or storage elsewhere. or in transportation to said site: and the1lndemnitor furtiler agrees to assign and does hereby aSSign to said Company. all of the larmer's righls in and to all subcontracts which may be entered. into and the materials embraced therein appertaIning to said contract; and the Indemnitor further agrees in the t!vent of any breach or defaun on his part in any of the provisions of said contract and/or bond thalthe said Company. shall be subrogated to lI~ the rights and properties 01 the Indemnitor in such contract. including deterred and reserved payments. current and earned estimates and fmlllpayments. and any and all monies and securKies that may be due and payable at the time of such default on said contract or any other contract of the Indemnrtor or anyone or more 01 them on which the Company is or may become surety. or on account of extra work or materials, supplied in connection therewKh. or that may thereafter become due and payable.on account of said contract or any other contract of the IndemMor on which lhe Company is or may become surety. And the IndemnKor hereby authorizes the Company to endorse in the name of the payee. and to c~lect any check. draft. warrant or other instrument made or issued in payment 01 any monies due on such contracts and to Illsburse the proceeds thereof, 9, If any at the Bonds are executed in connection wKh a contract which by its terms or by law prohiMs the assignment of the contract price. or any part thereof IndemnKor and Indemnitors covenant and agree that all payments received lor or on account of said contract shall be held as. a trust fund in which the Surety has an interes\' for the payment 01 obligations incurred in the performance of the contract and for labor, materials, and services furnished in the prosecution 01 the work provided .n said contract or any authorized extensIon or moditlcat.on thereof' and. further it is expressly understood and declared that all monies due and to become due under any contract or contfilcts covered by the Bonds are trust funds. whether in the possession of the Indemnitor ~r Indemnitors or otherwi~e, for the benef,t of and for pllyment of all such obligations in connection wKh any such contract or contracts for whICh the Surety would be liable under any of said Bonds. wh.ch saId trust also insures to the benefit of the Surety for any liability or loss it may have to susta.n under any saId Bonds. and thIS Aglreement and declaration shall also constitute notice of such trus\' 10. That this Agreement shall constitute a Security Agreement to the SurelY and also a Financing Statement, bllth in accordance with the provisions of the Unitorm Commercial Code of every /'uriSdlCtiOn wherein such C'ode is in effect and may be so used by the Surety without m any way abrogating. restricting or IimKing the rights 0 the Surety under thIS Agreement or under law, or In equity, 11. In the event 01 any breach, delay or default asserted by t~e obligee in any said Bonds. or the IndemnKor hassuspendeo or ceased work on any contract or contracts covered by any sam Bonds. or failed to pay .obllgatlons mc~rred In connectIon therew.th, or In the eVent of the death. disappearance. IndemnKor's conviction for a felony. imprisonment. mcompetency. msolvency. or bankru .' h , '. the appOintment of a receiver or trustee lor the Indemnrtor. or the properly of the Indemmtor. or 10 the event of an a ' . .. , ,.' credrtors of the Indemnrtor. or il any action is Iaken by or against the IndemnKor under or by virtue of the Natlona ' ,EXI'IIBIT MS-014-90 I (~ --~~ -.. " _II ....1. '" "I >,~ MtIU,..;,..._ reorganization or arrangement proceedings be filed by or against the Indemnitor under said Act, or if any action is taken by or against the Indemnttor 4nder.the Insolvency laws of any state. possession. or territory 01 the Umted States the Surely shall have the right. at ils option and In lis sole dIScretion and IS hereby authonzed with or wllhout exercising any other right or option conferred upon it by law or in the terms of thIS Agreement. to take possesSion 0.1 any part or all of the work under. any contract or contracts covered by any said Bonds, and at the elllMlnse 01 the Indemnllor and IndemMors shall promptly upon demand pay to the Surely all losses. and expenses so incurred. , 12. At any time, and until such time as the Iiabilily of the Surely under any and all said Bonds is terminated. the Surely shall have the right to reasonable access to th~ books. records. and accounts of the Indemnitor and Indemnitors: and any bank deposilory. materialman, supply house. or other person., firm, or corporation when requested by the Surely is hereby authorized to lurnish the Surely any information requested including, but not limited to. the status 01 the work under contracts being performed by the Indemnitor. the condilion of the peilormance 01 sucll contracts and payments of accounts. 13, Unless otherwise specllically agreed in writing. the Surely may decline to execute any Bond and the Indemnilor and Indemnrtors Mjree to make no claim to the contrary In .consideration 01 the Surety's receiVing this Agreement; and if the Surely shall execute a Bid or Proposal Bond. It shall have the right to decline to execute any and all 01 the bonds that may be required in connection wrth any award that may be made under the proposal for whICh the Bid or Proposal Bond is given and such declination shall not diminish or alter the liabilily that may arise by reason of having executed Ihe Bid or Proposa Bond. . 14, The Indemnllors hereby waive notice of the execution of said Bonds and 01 the acceptance 01 this Agreement. and the Indemnrtor and the Indem~lIo.r~ hereby waIVe all notice of any default. or any other act or acts giving rise to any claim under said Bonds as well as notice of any and all liaMity of the Surety under.said Bonds, and any and all liability on their part hereunder. to the end and effect th'at. the Indemnilor and the Indemnttors shall be and continue liable hereunder, notwilhstandlng any notiCe of any kind to whiCh they might have been or be entitfed, and notwllhstanding any delenses they might have been entilled to make. , 15. TPe Indemnllor and the In~emnilors hereby waive, so far as their respective oblip,alions under this Agreement are concerned. all rights to claim any of thelrpropertv, including their respectIVe homesteads, as exempt Irom evy. execulion, sale or other legal process under tile laws of any State. Terrllory. or Possession, . 16, That in the event of any claim or demand being made by the Company against Indemnitor, or anyone or more of the parties so designated. by reason of the execution of a bond or bonds, the Company is hereby expressly authorized to settle wllh anyone or more of the Indemnllors IndIVidually, and wllhout relerence to the others, and such settlement or composition shall not affect the liability of any of the others. and we hereby expressly waive the ri~ht to be discharged and released by reason 01 the release of one or more of the jOint debtors, and hereby consent to any settlement or composllion Ihat may hereafter be made, 17. That all the terms and condilions of this agreement shall stand lor the protection 01 any co-surety, any reinsuring company or any other surety procured by the !\lid-State S',rety ~n"pn..gHnn ,whetherthe Mi~-St~..~ S',"~")' CnrpQTotion does or does 0.01 execute or retain any portion of any such bond or obligation. 18. Separate suils may be brought hereunder as causes of action accrue. and the bringing 01 suit or the recovery of judgment upon any cause 01 action shall not prejudice or bar the bringing of other sulls upon other causes of action. whether theretofore or thereafter arising, 19. That the Indemnttor and the Indemnilors shall continue to remain bound under the terms of this Agreement even though the Surety may have from time to time heretofore or hereafter. wllh or wilhOut notice to or knowledge 01 the Indemnilor and the Indemnllors, accepted or released other agreements 01 Indemnity or collateral in connection wilh the execution or procurement of said Bonds. Irom the Indemnilor or Indemnllors or others, iI being expressly understood and agreed by the Indemnitor and the Indemnitors that any and all other rights whiCh the Surety may have or acquire against the Indemnitor and the Indemmtors and/or other under any such other or addlllonal agreements of Indemnity or collateral shall be in addilion to. and not in lieu of, the fights afforded the Surety under this Agreement. 20. That application to the Company 10 execute or procure any such bond or obligation of suretyship may be made by the Indemnilor or the President. Vice President, Secretary, Treasurer, General Manager or any other Officer, Agent or Employee 01 the Indemmtor. Such applications. whether made on lorms supplied by the Company or by lefter, by telegraph, by personal interview or by talephone. may be regarded as sufficient and ample authority for the Company to execute or procure any such bond or obligation of suretyship, 21, In case any 01 the parties mentioned in this Agreement fail to execute the same, or in case the execution hereof by any of the parties be defective or invaltd for any reason. such failure, delect or invalidity shall not in any manner affect the vahdity of thiS Agreement or the liability hereunder of any of the parties executing the same. but each and every party so executing shall be and remal". fully Ilound and hable hereunder to the same extent as if such failure, defect or Invahdlty had not eXlsfed. n IS understood. and agreec by the Indemnilor and Indemnllors that the rights. powers, and remedies given the Suretv under this Agreement shall be and are I". addmonto, and not In heu of, any and all other rights, powers. and remedies which the Surety may have or acquire against the Indemmtor and Indemnilors or others whether by the terms 01 any other agreement or by operation of law or otherwise. 22. The Indemnilor and Indemnilors hereby irrevocably nominate, constitute. appoint and designate the Suretv as their attorney.in-fact with the right, but not the obligation.to exercise all of the rights of the Indemnllor and Indemmtors aSSigned, transferred and set over to the Surety in this Agreement. and in the name of the Indemnilor and Indemnllors to make. execute, and dehver any and all addttlonal or .other assignments, documents or papers deeded necessary and proper by the Surety in order to give full effecf not only to the .ntent and meaning of the wilhin assignments. but also to the lull protection intended to be herein given to the Surety under all other prOVISIOns ~f thiS Agreement. The IndemMor and Indemnllors hereby ratify and confirm all acts and actions taken and done by the Surety as such attorneY-ln-Iact. 23. This Agreementlllav he terminalArl hv tho InrlemnllQt:er W~~'ll'li'ors upon twenty days' written notice se~t by registered mail to the Surety at liS home office at lir01l"se 1'0mCe 'F3'rms. 1'1 C II bul any such notice 01 termination shall not operate to modity, bar, or discharge the Indemnilor or the Indemnilors as to the Bonds that may have been theretofore executed. 24. The word "Indemnilor" or pronouns referring to said word appearing in this agreement, whether singular 0' plur~l. are to be construed as relerring to the Indemnllor, though the Indemnilorbe one or more IndiViduals, partnerships, aSSOCiations or corporations. 25. This Agreement may not be changed or modilied 'orally, No change or modification shall be effeclive unless made by written endorsement executed to form a part hereof. IN WITNESS WHEREOF. we have hereunto set our hands and seals and delivered in presence of: CORPORATE ANO All INOlVlDUAl SIGNATURES MUST BE ACKNOWlEOGEO ,C3tn Ft:><fire CiD::le HI. 17055 2300 Ft:><fire CiD::le, MrlEn:in3l:urg, HI. 17055 (INOEMNITOR) (ADDRESS) -' _~.....J ~ ~, ~-IL _I L, "" PENNSYLVANIA FRAUD STATEMENT To be attached to and form part of this application: ....." Any person who knowingly and with intent to defraud any insurance company or other person files an applicatioJl for insurance or statement of' claim containing any materially false information or conceals :for the purpose of misleading, information concerning any fact. material thereto. commits a- fraudulent insurance act, which is a crime and subjects such person to criminal. and civil penalties. J . I PHOENIX INDUSTRIAL INC. z?'vd~ ". H. Daniel Beigh III, President ,. . (Name and Title) , '. June 15, 1998 (Date) . .1 Jl .~ ;. PENNSYLVANIA FRAUD STATEMENT FOR USE WIlH AlL APPUCA nONS FOR BONDS AND roUGES ISSUED IN PENNSYLVANIA TO COMPLYWIlH STA1UTORY REQUIREMENTS. A""vwJM..d., 1991 SA 61J:OcrA) " , --".' \l!1!!1f, . '- . . , - I~ -' --.= '. (INDeMNITOR) (ADDRESS) (INDEMNITOR) (ADDRESS) (INDEMNITOR) (ADDRESS) (INDEMNITOR) (ADDRESS) (Allix Corporate Seal) PHOENIX INDUSTRIAL, INC. By~A/~N) H. IEniel !leigh, III, PRESIDENlr Allest: ~~~-<' ~ Jack . noema er, SECRETARY (Affix Corporate Seal) (NAME OF CORPORATION) AItest: By PRESlDENlr SECRETARY (Affix Corporale Seal) " (NAME OF CORPORATION) AItest: By PRESlDEN1r SECRETARY SIGNED. and sealed and delivered this I a day 01 :::r l J. V\ P , t 9~ STA~DF__. Pennsylvania COUNTYOF CJ.....\:..p...\~~d }ss.: , On this .~dayOf:::rLllr\P , 19~,beIoremepersonallyappeared H. IEniel !leigh, III 10 me known, wIlD beino by me duly swom. did depose and say: Ihal he resided in Ihe Mechanicsburg, Pennsylvania thai he is the President of Phoenix Industrial, Ioc. the corpOfation _ed in and which ellOtuted the foregoing instrument: that he knew the seal 01 said corporation: thatlhe seal affixed to said instrument was such c:orporate seal: thai ft WIS affixed by order 01 the Board of Direttors ot said corpo . ,and Ihat he signed his namelherelo by like order. STA~ OF COUNTY OF Notarial Seal Gloria DeCreny, Notary Public Camp Hill Bom. Cumbarland County My Commission Expires Mar. 25, 2002 }ss.: On this day of ._,19_, belore me personally appeared to me known. who beIlg by me duly sworn, did depose and say: Ihat he resided In Ihe thai he is the "___ of - the corporatiCln destribed in and which exec:uted the loregoing instrument: that" he knew the seal of said corporation: that the seal allixed 10 said instrument was SU(:h corporate seal; thai ft was alfllled by order 01 the Board of Directors of said corporation. and thai he signed his nametherelo by like order. Notary Public STA~ OF COUNTY OF }ss.; On this day of . 19_. before me personally appeared to me knoWn. who being by me duly swam. did depose and say: lhat he resided in the thai he is Ihe of Ihe torporatilln destribed in and wItIdl exec:uted Ihe foregoing 1nsInJment; thai he kneW the seal of said corporation; \hat the seal affixed to said instrument was s~ch corporate seal; thai ft.... affixed by order of Ihe Board of Oiret:lors of said corporation, and thai he signed his name thereto by like order. Notary Public ,o".-_....-"'~-::t~:\0 ~ n " zn 00.. ~,,- ~.." "OE 0"0 O~:II 2" " Z ~ . n " Zn 20.. c"- ~.." "OE 8:0 "~,, E" ~ ~ . n " Zn 00.. ~,,- ~.." "OE 8:0 "~,, E" ! '" STATE OF. Pennsylvania COUNTY OFL'u W\ \,.,.. \~,I }ss.: On this _~ day of :r. 1 "'''- . 1 il'il. before me personally came H. Il3n:iel J:eij1, ill crrl 0E:ida H. alli:P to me known and known to me to be the person described-in and who executed the foregoing instrument. and he thereupon dUly acknowledged 10 '1r'Ie that he executed the same, . STATE OF _ ~__o COUNTY OF Not ea Gloria DeCreny, Notary Public Camp HIli Bore. Cumberland County My Commission Expires Mar. 2S, 2002 }ss,: On thIS day of , 19 _. before me personally came _ to me known and known to me to be the person described in and who executed the foregoing instrument. and he thereupon duly acknowledged to me. that he executed the same. Notary Public STATE OF COUNTY OF }ss.: On thIS day of , t 9 _. before ine personally came to me known and known to me to be the person described in and who executed the foregoing instrument. and he thereupon duly acknowledged to me that he executed the same, Notary Public STATE OF COUNTY OF } ss.: On thIS day of ,19_. before me personally came _ to me known and known to me to be fhe person described in and who executed the foregoing instrument. and he thereupon duly acknowled9ed 10 me that he executed the same. Notary Public STATE OF COUNTY OF }ss.: On this day of .19 _. before me personally came _ to me known and known to me to be the person described in and who executed the foregoing instrument, and he thereupon duty acknowledged to me that he executed the same. Notary Public STATE OF } COUNTY OF sS.: On this _.~. _ 0._ day of __.19._. before me personally came to me known and known to me to be Ihe person described in and who executed the foregoing instrument. and he Ihereupon duly acknowledged to me that he executed the same. . Notary Public STATE OF COUNTY OF }ss.: On this day of ..____.19_. before me personally earn. - to me known and known to me to be the person described in and who executed the foregoing instrument. and he Ihereupon dUly acknowledged to me that he executed the same. Notary Public STATE OF COUNTY OF }ss.: On this _.____ day of ___. 19__. before me personaDy came to me known and known to me to be the person described in and who e.eeuted the foregoing instrument. and he thereupon duly aclmowledged to me lhat .he executed the same, Notary Public MS-014-90 '~'lI\!<.;;. . n " z- OZ ~ g 1"< aii gC .., ~l" .. Z ~ . n " z - OZ ~g 1"< ..- 0" gC ... ~l" .. Z ~ . n " ~i ~!! 1"< aD gC .., ~l" .. Z ~ . n " Z - o Z ~g 1"< aD gC ~~ ~ ~ . n " z- OZ ~ g l" < Sa gC .., ~l" .. Z ~ . n " z- OZ ~!! 1"< ao gC .., ~l" .. Z ~ . n " ~i 1O!! 1"< ~ii gC ~~ ~ ~ . n " z- OZ ~!! 1"< gii gC ... ~l" g ~ c,~ ~ [I ,~ I' -~'~"""""~>it!i!!i<.- VERIFIED STATEMENT I, Ed Connelly, being the E foil P L 0 '-{ {;: E , of Mid-State Surety Company, am duly authorized to make this Verified Statement on its behalf, and I hereby verifY that the statements set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Cf-1..1- 41 D ~. ztl ED CONNELLY lood eOGs-ve.. (G'V) o~'d '330~I^31 ~ ~~O~H d'G'GO 00 loG [nc y",--" 1.1 "~"";I!tI~ - 1tiM1lt>.i>Jil"o,..lil<~!j0i4'@;;gK0Jli-'!J@l~~'-rIH'(' ~,-.~-,> ';',' ~L__~ -,.--~.." ,'. 1'"".- ~ """'""" ~I [...1 i.I.'.1 r ~ f,' I II I, II II I p .} ~ 0 = 0 '"j:) C C-:J "T) 7- 2~ D :.::;::! Q ~ 0:.11;0 ("') h h. g2S-J .-/ CJ B 8 B, ~'- I :i'J 0\ & (/) ;'~' IT, --<~.c:_ ~> !:::c:; ~"O ~ .... I co- '-,-i () ~ ~ z~~~ (") ~ '"1-., r".' ::".) - '" ~ ~" ~m L:. '0.) . _0 :r1 .. ~ -, .-.J .....-.,: i~ , ~,,~. ~, ~_~__ .'___~ 1- SHERIFF'S RETURN - REGULAR " , CASE NO: 2000-06899 P tf1~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID STATE SURETY COMPANY VS PHOENIX INDUSTRIAL INC ET AL BRIAN BARRICK II ~--,I -'~--"~ ~"- ",-1onI;~""",, , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PHOENIX INDUSTRIAL INC the DEFENDANT , at 0016:00 HOURS, on the 9th day of October ,2000 at 950 WOODLAND ST MECHANICSBURG, PA 17055 DANIEL BEIGH, III (PRESIDENT) by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 10.00 .00 34.82 Sworn and Subscribed to before me this l,?kL day of ro,o::. .:uw A. D . ~ n ~ I/.h,~ (1. W,PjJ,.J, -l'=Cl P othonotary , S;;~~t R. Thomas Kline 10/11/2000 BROWN & LEVICOFF ~ By: ~lir ~ Deputy Sheri f - ~.~ ~, ~~ .II '_lEI'" SHERIFF'S RETURN - REGULAR , , CASE NO: 2000-(),,999 P (p~7"1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID STATE SURETY COMPANY VS PHOENIX INDUSTRIAL INC ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BEIGH H DANIEL III the DEFENDANT , at 0016:00 HOURS, on the 9th day of October ,2000 at 950 WOODLAND ST MECHANICSBURG, PA 11055 by handing to DANIEL BEIGH, III a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r>J?~4~~~ R. Thomas Kline me this I 'l4tE day of 10/11/2000 BROWN B:' LE",/:;;u 11-, Deputy Sheriff Sworn and Subscribed to before r]~ doW A.D. C) , .. .f2.~ rbthonotary , ~ ,,,,,,,,,,,'",,-'~'W .I~ , u L "' "'--"',",,~,,~,,-,. SHERIFF'S RETURN - REGULAR . CASE NO: 2000-0~ P (.!19 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID STATE SURETY COMPANY VS PHOENIX INDUSTRIAL INC ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BEIGH ONEIDA H the DEFENDANT , at 0016:00 HOURS, on the 9th day of October 2000 at 950 WOODLAND ST MECHANICSBURG, PA 17055 by handing to DANIEL BEIGH, III (HUSBAND) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So ;?~~t R. Thomas Kline h' )"ce- me t lS _, day of 10/11/2000 BROWN & LEVIC~~~ By: ;V~~r Deputy Sheriff Sworn and Subscribed to before {P~ oZuviJ A. D. ~O. 7n,#),"1~ . rothonotary ~ ~~ - L " ~ l'.a -~I~" .. -. MID-STATE SURETY COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 00- t.,P7"1 NO. 09 ~B99 Civil v. PHOENIX INDUSTRIAL, INC., H. DANIEL BEIGH and ONEIDA H. BEIGH CIVIL ACTION - LAW Defendants NOTICE OF STAY NOTICE IS HEREBY GIVEN that Phoenix Industrial, Inc. has filed a Petition under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Pennsylvania to Case No. 1-00-04856 on November 3, 2000. As a result of the filing of this petition, it is suggested that the above captioned matter is stayed. The purpose of this Notice is to provide notice only and is not to be considered an appearance in the above case. Date: //-//?-tJO // By' Robert E. Cher ic Attorney I.D. 2320 North Second P. O. Box 60457 Harrisburg, PA 17106- (717) 238-6570 1 ~;oI~ ~ JI L: I , ~ "~~,,,,.. J# ..~ CERTIFICATE OF SERVICE I, Linda B. Deaven, a legal secretary with the law firm of Cunningham & Chernicoff, P. C., hereby certify that on 1!tW, /3 , 2000, a true and correct copy of the foregoing NOTICE OF STAY was served by first-class mail, postage prepaid, on the following: Elizabeth E. Deemer, Esquire Brown & Levicoff, P.C. 600 Gulf Tower, Firm #245 Pittsburgh, PA 15219 ~~~ Linda B. Deaven iiliia -"it ;tlihr~J~_l(nurV-~. . .- .~,i~;!"i-Af14{.ru-#f'l'i,iN':~j,;,i~m~ilt~J&U!ll~~' ~' .wiillillrr'--' '" w '".,' "~I II ",] 'I 1 I .,... ,-. "- ;i 'I I' Ii II 'I 'I II !I I' Ii I' I " II I J I I I , I C CJ 0 c: (".) --,-I 5: z "'() i.T' I::;) m n~ Z -T: ,.,~- ". Z r ,T! ~~ -- '--r .~ (n, -0 -or, .,.."~ (..:! ':!J ;;"::0 \:~ r~) 1-" Pc 0 ., Z --I =< """ ~ {J'I -c r .-~'"-'-~ ~ ~ ' '-. ~'" ~-~ I-. , '"'," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MID-STATE SURETY COMPANY, CIVIL DIVISION &'f1~ No. 2000 .Q6899. Plaintiff, v. AFFIDAVIT OF SERVICE OF NOTICE OF PRAECIPE TO ENTER DEFAULT JUDGMENT PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Filed on Behalf of: Plaintiff Defendants. Counsel of Record for This Party: Elizabeth E. Deemer, Esquire Pa.I.D. #58232 BROWN & LEVICOFF, P.C. Firm #245 600 Gulf Tower Pittsburgh, PA 15219 (412) 434-5200 A JURY TRIAL IS DEMANDED. ',fl -' ~b. .. rW' '.~~'-' ~&'" - hfu~ ~'",~ .~ ". .l1_1.,. -"'-,"'-'- ~-. ... -, "Jl,__~",:- v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, Plaintiff, to8'1 7 No. 2000-0~ v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. AFFIDAVIT OF SERVICE OF NOTICE OF PRAECIPE TO ENTER DEF AUL T JUDGMENT COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF ALLEGHENY ) Denise L. Zdravecky, Administrative Assistant to Elizabeth E. Deemer, Esquire, counsel for Plaintiff, being duly sworn, deposes and says that on 6th day of November, 2000, she sent by Certified Mail, Return Receipt Requested, postage prepaid, a true and correct copy of the Notice of Praecipe to Enter Default Judgment directed to Phoenix Industrial, Inc., Daniel H. Beigh, III and Oneida H. Beigh, at 950 Woodland Street, Mechanicsburg, PA 17055. The Return Receipt is attached hereto. By: ;;J~,J. ~Al~ DENISE L. ZDRA CKY, Administrative Assistant to Elizabeth E. Deemer, Esquire Swo to and subsWed before e this /5\V<-tIay of Notarial Seal Janice A. Vrscak, Notary Public Pittsburgh, Allegheny Oounty My Commission Elxpireo April 1, 2001 Member, Pennsylvania Association 0 Ole"" 2 ~,<~- llJ..L.. Ii! _ ~ Il... L ~~" . ~. ....... ."" ~. ~ U; 0 Complete items 1 and/or 2. for additional services. Q) Complete items 3, 4a, and 4b. !! 0 Print your name and address on the reverse of this form so that we can return this >,.CU card to you. _ 0 Attach this form to the front of the mail piece, or on the back if space does not II) permit. -5 0 Write "Return Receipt Requesfed" on the mailplece below the_ article number. l: C The Return Receipt will shaw to wham the article was delivered and the date o delivered. " 3, Article,Addressed to: t t'hOe.ni)! ~"!o\~it/o.\ IlIc. 8 1)0,1\\..\ t\. ~I~\:z::a:. I OOt:.,a/4 \'I. S&\~~ 'lSOIP...d\o...! ~. ~\\4VII'(-S~" ,~I\ l'105S' !lY: lA' Name -.M SENDER: ., J al$o wish th, leceive the fo"ow~ ing services' (for an extra fee): 1, 0 Addre55e~'5 Address 2, 0 Restricted Delivery 4a. Article Number f}D 1f 3'100 ~OIO t'l.l() 913 ~ , 4b, Service Type o Registered ~rtlfied o Insured DCOD o ~ess Mail [3"Retum Receipt [UI IVltlll;llclIlU,::.e 7, Date of Delivery 8, Addressee's Address IOn/y'il requested and fee is paid) ~ " o >- 'oM! ~" '1 "' ", .\ 1025~9g.,B+0223' DOriIestic'Return Reoeipt IT ", ,... IT Cl .-. cO cO o .-. c c Certified Fee Postmark R~n ReceIpt Fee He~ (EndOB(lment Required) AeS1rlcted Delivery Fee (Endorsement Required) C t:I ;:r ", Total Po"'.. · Fees $ 0 0'1 b 1)3 Name (please Print Clearly) (to be completed by mailer) 0- 'EitiiJerAi>INo.;'-oi:po7iox.No....n._..,..n".n,..n,..n..,n_..-__....,..____n,_._n IT C .Cii.Y..Stiite,.Zip+4..--..n...d..n'nn---n-..n------.---n.~_...'...n-n.__'.n_"._O'. ,... ~. ~"----- oj " ~ .. lJl c. '8 .. a: '" S 1) a: Cl c 'in ~ ~ S " o >- .>< c .. ., ... -;;';; '~~ ~~j~k' ~'~O_"-'-~..' ~. M'" ~. ,~ ~:, 9lr~_. 2'j :;:~>;, ~:: C~: '1-;,-_ ::i.-:: \'---.~ .:-.:;:;(.,1 -" ~~ ~ '..... .,'-, ':-, " (') '-~j ;.,) c> :;;':' fo,) :'~~ ,- :i1 -< o~ , "_"o.=,,~ '~j . i -~ '1 ~ !ia!Il:IIISIl.....- t1, , , _ """~, , _ .h ~. ~~W,,~ . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . , PENNSYLVANIA MID-STATE SURETY COMPANY, Plaintiff, (QQ'111 No. 2000-~ v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. PLAINTIFF'S REPLY TO DEFENDANT'S NOTICE OF STAY Plaintiff acknowledges that on November 3, 3000, the defendant, Phoenix Industrial, Inc., filed a petition, Case No. 1-00-04856, under Chapter II of the United States Bankruptcy Code with the U.S. Bankruptcy Court for the Middle District of Pennsylvania. A true and correct copy of an Order and Notice from the United States Bankruptcy Court for the Middle District of Pennsylvania is attached hereto as Exhibit A. However, at this time, neither H. Daniel Beigh, III nor Oneida H. Beigh have filed for personal bankruptcy. The subject of this matter involves the breach of an Indemnity Agreement. That General Agreement ofIndemnity was signed by H. Daniel Beigh, III, as president of Phoenix, and by H. Daniel Beigh, III and Oneida H. Beigh, individuallv. Accordingly, a stay of these proceedings, with regard to Mr. and Mrs. Beigh individually, is premature and inappropriate. WHEREFORE, plaintiff respectfully requests that this Honorable Court deny a stay as to Mr. and Mrs. Beigh, individually. -~ -,- ',- . _ "' '",~. ," o L~,l , . . ... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA MID-STATE SURETY COMPANY, Plaintiff, No. 2000-06899 v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. PLAINTIFF'S REPLY TO DEFENDANT'S NOTICE OF STAY Plaintiff acknowledges that on November 3, 3000, the defendant, Phoenix Industrial, Inc., filed a petition, Case No. 1-00-04856, under Chapter 11 of the United States Bankruptcy Code with the U.S. Bankruptcy Court for the Middle District of Pennsylvania. A true and correct copy of an Order and Notice from the United States Bankruptcy Court for the Middle District of Pennsylvania is attached hereto as Exhibit A. However, at this time, neither H. Daniel Beigh, III nor Oneida H. Beigh have filed for personal bankruptcy. The subject of this matter involves the breach of an Indemnity Agreement. That General Agreement ofIndemnity was signed by H. Daniel Beigh, III, as president of Phoenix, and by H. Daniel Beigh, III and Oneida H. Beigh, individuallv. Accordingly, a stay of these proceedings, with regard to Mr. and Mrs. Beigh individually, is premature and inappropriate. WHEREFORE, plaintiff respectfully requests that this Honorable Court deny a stay as to Mr. and Mrs. Beigh, individually. ... 1< ',~ ce,_ .,,,~- '----"'~~.---ml' - CERTIFICATE OF SERVICE I, Elizabeth E. Deemer, do hereby certify a true and correct copy of the within PLAINTIFF'S REPLAY TO DEFENDANT'S NOTICE OF STAY has been served by mailing a copy by United States Mail, postage pre-paid to the following on this /1# day of November, 2000. Robert E. Chernicoff, Cunningham & Chernicoff, P.C. Attorneys at Law 2320 North Second Street P. O. Box 60457 Harrisburg, P A 17106-0457 Court of Common Pleas of Cumberland County, Pennsylvania One Courthouse Square Carlisle, PA 17013-3387 BROWN & LEVICOFF, P. C. BY: ~ ,L. YS FOR PLAINTIFF Elizabeth E. Deemer Pa. I. D. #58232 BROWN & LEVICOFF, P. C. Firm I. D. #245 600 Gulf Tower Pittsburgh, PA 15219 (412) 434-5200 .' ._~- nC .-. - .i"f~" 0' 18: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA MID-STATE SURETY COMPANY, Plaintiff, No. 2000-06899 v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. ORDER AND NOW, on this day of , 2000, it is hereby ORDERED, ADJUDICATED, and DECREED that defendant Phoenix Industrial, Inc., is granted a stay pending the outcome in the United States Bankruptcy Court for the Middle District of Pennsylvania in case 1-00-04856. The defendants request of a stay as to H. Daniel Beigh, III and Oneida H. Beigh, individually, is hereby denied. The parties are directed to proceed accordingly. 1. ~~~~~~~,,~~,"i;b;.l~W.jc$jqI"~l~__"l..iliilJ -~',~-,-- ~ ..:.n lIlIIiiM:e ,"'-' . . (') C) ( ) C C' ~ ") ~< - U '.."_! ~~- :::::J nl Ii': ~~~ .JJ -~ :] ~ ~- % r :....,) ,-n W ?" C) ,--I -< ( ~ _:r, c;:: c u\ ,,_, .- V - ,- -'-I )> C,:, -~,- <.~J (:~ z 0 );::0- C r- ~''l Z '::::l =<! :D \0 -< " , 11 ~l_ ~ ...' .--"- , ~-';..,;"t- . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, Plaintiff, CIVIL DIVISION olfs~1~ No. 2000- . v. AFFIDAVIT OF SERVICE OF NOTICE OF PRAECIPE TO ENTER DEFAULT mDGMENT PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Filed on Behalf of: Plaintiff Defendants. Counsel of Record for This Party: Elizabeth E. Deemer, Esquire Pa.I.D. #58232 BROWN & LEVICOFF, P.C. Firm #245 600 GulfTower Pittsburgh, PA 15219 (412) 434-5200 A JURY TRIAL IS DEMANDED. - II' "I _L~ , .~. "'", ,t<f,', .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE Sl!RETY COMPANY, Plaintiff, No. 2000-06899 v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. AFFIDAVIT OF SERVICE OF NOTICE OF PRAECIPE TO ENTER DEF AUL T JUDGMENT COMMONWEAL 1H OF PENNSYLVANIA) ) SS: COUNTY OF ALLEGHENY ) Denise 1. Zdravecky, Administrative Assistant to Elizabeth E. Deemer, Esquire, counsel for Plaintiff, being duly sworn, deposes and says that on 6th day of November, 2000, she sent by Certified Mail, Return Receipt Requested, postage prepaid, a true and correct copy of the Notice of Praecipe to Enter Default Judgment directed to Phoenix Industrial, Inc., at 4590 Industrial Park Road, P.O. Box 356, Camp Hill, PA 17001. The Return Receipt is attached hereto. BY~'~Cj,(f- DE SE1.Z KY, Administrative Assistant to Elizabeth E. Deemer, Esquire 91swomto and subscri1}ed me this ,;)c; AJICdaYr{] of I~ 00. .' . tv~ No / ublic Notarial Seal Janice A. Vrscak. Notary Public Pittsburgh, Allegheny County My Commission Expires April 7, 2001 Mtmber, Pennsylvania Association of Notaries 2 'GiSE"'OER: 'tl Ow j CI CqmpJete hems 1 and/or 2 for additional services, CP Complete items 3, 4a, and 4b. ~ .~ 0 Pri,nt your name and address on the reverse of this form so that we can relurn this > card to you. , . ; tJ Attach this torm \0 the from of the mailpiace, or on the back if',$f)ace does nol QJ permit. S D Write "Return Receipt Requested" on Ihe mailpiece below the artiPle number. c [J The Return Receipt will show to whom the article was delive(Sd,and the date o defivered, ' 'D 3, Article Addressed to: ~ "ll. E o u OJ) W ."~ ~ v :rhoeni'f, .wlll>+ri~, .TNC.. Lf590 Ind v~-Ir, "" /l1.rk 'Rd. to, ~O'i- 3~ tl"1 VI \II I U\ 11 00 I 5, Reeei'{ed By: (Print Name) I U1 ,.., F"- IT' Cl ,.., <D <D Postage $ Certified Fee Cl ,.., Cl , Cl Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Cl Cl ;:r- ITI Total Postage & Fees $ Name (please Print Clearly) (to be completed by mailer) 0011(., u- -St;eei:~APE No.;"o-'"pcniox-No'-- IT' Cl ~ -City:sfafe:ZIP+4-nnn I Ii, I also wish to receive the follow~ log s~rlices (for an extra fee): ci " ~ OJ) .. D.. ~ fl/ () 97/0 E " /' 1D gCertified D: I Dl o Insured .: " DeOD : .e 1, 0 Addressee's Address 2. 0 Restricted Delivery if requested and ill i i ii 102s95'- 'stie -Return Receipt Postmark H,", t~,_", ._.; ,'=~ "bi1i'i:~' " o ... '" Ii .c .. - "Ie;;, :i.'.- -- J.wh't r -Hi!alm""fili~M1tjl~I~II~..n;.tii~l_jibl~k~~il~~~~~ ,",~ ~ ....HIo;;Iji4 ,-' . .,,' " "'"",' ,'~- ~. I' 0 = , , <. .> "' ." .. j n-; :7" " >,) (J; C) ~' r::' , :---. .. , ,> C ) 7 (--:1 ,,-" C ~ ~ C) in -~ ):,~ -.~"1 :0 -< (]1 -< $ - 'j. I". ._W- " - ~ '_ __,,_'~_<-,'-_-L." ~ "-,L;,,;,h, ";ii!j r ),. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, CIVIL DIVISION Plaintiff, No. 2000-06879 v. PRAECIPE TO ENTER DEF AUL T JUDGMENT PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Filed on Behalf of: Plaintiff Counsel of Record for This Party: Defendants. Elizabeth E. Deemer, Esquire Pa.I.D. #58232 BROWN & LEVICOFF, P.C. Firm #245 600 Gulf Tower Pittsburgh, PA 15219 (412) 434-5200 A JURY TRIAL IS DEMANDED. .,,- .... ~_-iJ " -, I~'" ". ." 1-".. ,-.'-' -.,;-,,- '!i1i; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYL VANIA MID-STATE SURETY COMPANY, Plaintiff, No. 2000-06879 v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. PRAECIPE TO ENTER DEF AUL T JUDGMENT TO: PROTHONOTARY Kindly enter a default judgment in favor of the plaintiff, Mid-State Surety Company and against defendants H. Daniel Beigh, III, individually, and Oneida Beigh, individually in the amount of $210,000.00 (Two hundred ten thousand dollars), plus interests and costs pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. The undersigned attorney certifies that a Notice of Praecipe to Enter Default Judgment (10 day notice) was mailed to H. Daniel Beigh, III and Oneida H. Beigh pursuant to Rule 237.l(a)(2)(ii). A copy of said notice and certified mail receipt, as well as an Affidavit of service of notice are attached hereto as "Exhibit A". Brown & Levicoff, P.C. /~ ..~ .--0 BY: .f;/j( ;'" .......~~,t!;:j~-!i':1~:~~~~~I~~t".."""'" ~=.' -'--~ lilIiIi. .Jt "". p" d1 I', L I'.....' ;! il:' ~,: il': I II' 1 j I:: i:; ~~ ji ,I ~ 1 CJ c- "t.l~~ rn.9.... ~~~): [ff f~; Sc: J;; c: i (--. :2: :::< Q CJ C:J '''7 ;"J ,',,) 0'. --' if gn; 35 "" o -r; ;;;".. :J(: 25 .. - (.11 p .. -l) a $\ rG ~p r w " '" <:> 0, -.J -c ~ -l) 'i ~~, .~, .~n,~, ",,,-, ,s _~~t^_ '-~'-~~'''^" ,,- ", "^~,,,-_ ,';e ,~~ _ , ,. ~ ,~ . ~ - , .."- " I.. ~ ,- , I I "0 - ,", -. ~'_ ~'_"''''~L'. ;-_"'~"_"_ ~ '~, - <I . flit. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, Plaintiff, CIVIL DIVISION No. 2000-068~ v. AFFIDAVIT OF SERVICE OF NOTICE OF PRAECIPE TO ENTER DEFAULT JUDGMENT PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Filed on Behalf of: Plaintiff Defendants. Counsel of Record for This Party: Elizabeth E. Deemer, Esquire PaLD. #58232 BROWN & LEVICOFF, P.C. Firm #245 600 Gulf Tower Pittsburgh, PA 15219 (412) 434-5200 A JURY TRIAL IS DEMANDED. ...- I ~ ',',J. ~Jliii<1 ~ . fill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MID-STATE SURETY COMPANY, Plaintiff, No. 2000-06899 v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. AFFIPA VIT OF SERVICE OF NOTICE OF PRAECIPE TO ENTER PEF AUL T JUDGMENT: COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF ALLEGHENY ) Denise L. Zdravecky, Administrative Assistant to Elizabeth E. Deemer, Esquire, counsel fOIr Plaintiff, being duly sworn, deposes and says that on 6th day of November, 2000, she sent by Certified Mail, Return Receipt Requested, postage prepaid, a true and correct copy of the Notice of Praecipe to Enter Default Judgment directed to Phoenix Industrial, Inc., Daniel H. Beigh, III and Oneida H. Beigh, at 950 Woodland Street, Mechanicsburg, PA 17055. The Return Receipt is attached hereto. By: ~~J.~AJ~ DENISE L. ZDRA CKY, Administrative Assistant to Elizabeth E. Deemer, Esquire Notarial Seal Janice A. Vrscak. Notary Public Pittsburgh. Allegheny Oounty My Commis.ion Expires April? 2001 Member, Pennsylvania Assocjatio~ of Notafl65 2 . l. . "" . I \e- 1~ Ul .. Ul ~ .. > .. ~ ... IS c o " ~ 'ii. E o " SENDER: "I".. - ,-"0"",,,.,- . ~". -Wil:ili~--" i_~,,;,,";,: ,n, ". 'ft>i>; a Complete items 1 and/or 2 for additional services. Complete items 3, 4a, and 4b, o Print your name and address on the reverse of this form so that we can return this card to you, o Attach this form to the front of the mailpiece, or on the back if space does not permit. o Write "Return Receipt Requested' an the mailpiece below the article number. o The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: 'f1,oe(\i'f Jjdll::r\'ri(to\ I ,rf\C. })l.t\\..l tt ~'~\'l::z:rz:. on.:..aa.. ~. ~'j\-' qSo W...d\~"& ~t. N\tc.'-<<l'\iC-S~~'" , ~f\ t10S5 u( w Q .. I also wish to receive the fonow~ lng service~ (for an extra fee): 1. 0 Addressee's Address 2, 0 Restricted Delivery 4a, Article Number ')0 "I~ 3'/00 ()OIO tVtJ 913 'J 4b. Service Type o Registered o f3P"ess Mail Et'R.etum Receipt fln .Vtt:m':f1dlllJlt:ie ~rtified o Insllred o COp 7, Date of Delivery 5. ~ " ~ 8, Addressee's Address (Only if requested and fee is paid) 102595-99-B..()223 Domestic Return Receipt Ir Tn f'- Ir CJ .-'I "" "" Certified Fee Postmark Return Receipt Fee Here (Endorsement Requiredj Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ 0 ocr b 'J3 Name (Please Print C/earty) (to be completed by msileq CJ .-'I CJ CJ CJ CJ =t' Tn 0- st;:eEit~APf-Fio,;-(;I:P(YBox-fiO,--u'-d-'-----'---u------.---.__d___._____._..____ Ir o CfitY.-St~ite~.ZfP44----...--...--~..---...--.-.-.-.--..-.....--....--....---.....--.....--...-.- f'- .. " :; l;; Ul 1i. 1i " w a: c i! w a: Cl c 'iii " .2 " o '" ... c .. s= I- ~ ,_~:,,~I":!ftJ-w Jiii:t!'Ii']l~i,..,,~&~~Iiilll1MlrN'T11'~""'~il~~~~~ ~" ~-- .~, ._0 p "'" "1:J~" tfj ,Q:; ~,-!" /f}' ~'--' ;:?:C", :&'d c' "'" <- ~ -<:' o t".:) ,::::> n, C', t\) ('. -. :.-." -,. - .,... S? -- (.J'] , l" , ,. . I"~ i' , ~ i,', I~' ~ , " i' " l " , ~-~ Ii ~'; !:; " F " II " " !~ ;~ ~ :~ I I I I Ji " i~ , ~ c' I ~r~ "" , -- I ";'" " "-:-:..' '" ' ._)~~ 2';~i;l :>{ ..:S "<: " .-,; r #- ) .... 'I' r ,,--, ;c-,-- .-",-'- Eli, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MID-STATE SURETY COMPANY, CIVIL DIVISION 'I No. 2000-06~9 Plaintiff, v. NOTICE OF PRAECIPE TO ENTER DEFAULT JUDGMENT PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Filed on Behalf of: Plaintiff Counsel of Record for This Party: Defendants. Elizabeth E. Deemer, Esquire Pa.I.D. #58232 BROWN & LEVICOFF, P.C. Firm #245 600 Gulf Tower Pittsburgh, PA 15219 (412) 434-5200 A JURY lRIAL IS DEMANDED. J ;;-',-, ,.i ...,. .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, Plaintiff, C.A. No. 2000-06899 v. . PHOENIX INDUSTRIAL, INC. and H. DANIEL BErGH, III and ONEIDA H. BErGH, Defendants. NOTICE OF PRAECIPE TO ENTER DEFAULT JUDGMENT TO: Phoenix Industrial, Inc. Daniel H. Beigh, III Oneida H. Beigh 950 Woodland Street 11echanicsburg,P1\ 17055 D1\TEOFNOTICE: 1/-(Jg-tJO IW'ORTANT NOTICE YOU ARE IN DEF1\ULT BEC1\USE YOU HAVE FAILED TO Ti\KE 1\CTION REQUIRED OF YOU IN TIllS C1\SE. UNLESS YOU 1\CT WITHIN TEN (10) D1\ YS FR011 THE D1\TE OF TIllS NOTICE, 1\ JUDGMENT 111\Y BE ENTERED 1\GMNST YOU WITHOUT 1\ HEARING AND YOU 111\ Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD Ti\KE TillS NOTICE TO 1\ L1\ WYER 1\T ONCE. IF YOU DO NOT HAVE 1\ L1\ WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEG.A.L HELP: Cillv1BERLAND COUNTY BAA 1\SSOCIA. TION TWO LIBERTY 1\ VENUE Ci\RLISLE, P 1\ 17013 717-249-3166 BY: C:~, ~fl_J..d ~ oO~ E~mer, EsqUIre BROWN& LEVICOFF, P.C. 600GWfTowe~707crrantStrect Pittsburgh, P 1\ 15219 (412) 434-5200 1\ttorneys for Plaintiff 2 !iY~lklJl >~'~IIl:lilr~((!j$Mi~llilt!ilill"')U!i.~~lIlMl~~llk!~,~~ ~ ,. ". 0," -~I,-, ,.., ,. ~ ,c_ - '--.'~'~,~ ---"- ,"-,,, 1"-' o -c <:- -0'" fXlg; ~5~:i ;:S;.2: s.: t.:, .~C~ 2: ,J ~() -C- -70 ""- ~~ - - , h'> '. '-. ',' I I:, ~ I --- I I Ul I I I o C) a '-'1 ('-) "o"~2 " ";,;]] '-'-Ji'rJ {~!)y ')r- ,-..,~;,J ,":.-b;=T,1 -:;!c5 om ~ cc _0 -< N 0', ~J' ::t= Si .,-," MID-STATE SURETY COMPANY, Plaintiff v. PHOENIX INDUSTRIAL, : INC., and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants ~I~." . ~L- , _ "I, .1,_"_ '''^'-' "-_,"-;,.c:-;';:.::," -, . "'Ni',oj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-6879 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of May, 2001, upon consideration ofPlaintitI's Motion To Compel Answers to Interrogatories, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Elizabeth E. Deemer, Esq. Jeffrey J. Leibeck, Esq. BROWN & LEVICOFF, P.e. Suite 600 Gulf Tower Pittsburgh, PA 15219 Attorneys for Plaintiff Stephen J. Dzuranin, Esq. 508 North Second Street Harrisburg, P A 1710 1 Attorney for Defendants :rc BY THE COURT, ~ ~~_Il{.ol ~' I -, ":'0- ~,- ~h\ . MAY 0 9 zoo1/Jt1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, CNIL DIVISION Plaintiff, No.: 2000-06879 v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. ORDER OF COURT AND NOW this day of , 2001, il is hereby ORDERED, ADJUDGED and DECREED, that defendant Oneida H. Beigh shall serve her Answers to Interrogatories upon the plaintiff within 20 days. BY THE COURT, J. ,;<,~ - I, , " ,-" ...:---' '" :1 f<Olh" ~t\<~_11 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, CIVIL DMSION Plaintiff, No.: 2000-06879 v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, MOTION TO COMPEL ANSWERS TO INTERROGATORIES Filed on Behalf of Plaintiff Defendanls. Counsel of record for this party: Elizabeth E. Deemer, Esquire Pa. I.D. #58232 Jeffrey J. Leibeck, Esquire Pa. I.D. #86039 BROWN & LEVICOFF, P.C. Firm I.D. #245 Suite 600 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 434-5200 (412) 434-5203 (fax) JURY TRIAL DEMANDED ;";. - I H~_ ,__ ,.' '"C__,. :., -'~ 10.;>;;1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, CIVIL DMSION Plaintiff, No.: 2000-06879 v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, ill and ONEIDA H. BEIGH, Defendants. MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND NOW, comes the plaintiff, Mid-State Surety Company, by and through its attorneys, BROWN & LEVICOFF, P.C., and moves this Honorable Court to Compel Answers to the Interrogatories Pursuant to PaRC.P. 3117 Directed to Defendant Oneida H. Beigh. 1. On March 13, 2001, plaintiff served Interrogatories directed to defendant Oneida H. Beigh pursuanllo PaRC.P. 3117. 2. Defendant's Answers to Interrogatories were then due on April 12, 2001. 3. On April 17, 2001, plaintiff's counsel, Dianne S. Wainwright, sent a correspondence to Mr. Stephen Dzuranin, Esquire, counsel for Oneida Beigh, requesting answers to said Interrogatories. 4. As of this date, the defendant has failed and refused to answer the Interrogatories Pursuantto PaRC.P. 3117. WHEREFORE, plaintiff respectfully moves this Honorable Court for an Order directing ..j V,.:~ .J ':"c.'. , t'f~ . defendant to answer the plaintiff's Interrogatories pursuant to Pa.R.C.P. 3117 within ten days. BY: ~~t'Z/--~ Eliz E. ne(mer, Esquire Pa. I.D. #58232 Jeffrey J. Leibeck, Esquire Pa. I.D. #86039 BROWN & LEVICOFF, P.C. Firm I.D. #245 Suite 600 Gulf Tower Pittsburgh,Pi\ 15219 (412) 434-5200 i\ttorneys for Plaintiff 2 "l - . . . L.~" I . ....J illl ~" ,_ 0 .;....~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, Plaintiff, v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. CNIL DNISION No.: 2000-06879 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing MOTION TO COMPEL ANSWERS TO INTERROGATORIES was served by first-class mail, postage prepaid, to the following on May 4, 2001: Stephen J. Dzuranin, Esquire WIX, WENGER & WEIDNER 508 N. 2nd Street Harrisburg, PA 17101 BY:~~ Eliza6 . eerner, Esquire Pa. J.D. #58232 Jeffrey J. Leibeck ,Esquire Pa. J.D. #86039 BROWN & LEVICOFF, P.C. Firm J.D. #245 Suite 600 Gulf Tower Pittsburgh, PA 15219 (412) 434-5200 Attorneys for Plaintiff -' !i-:~"<\";~' L ~'- "L ,~ lj!J'~li:;dJ~~E!j M'" ""- ~-" - 'Y.!]' RiIi~I"'~ 'c';"'"\l~"-"~ '0' W .""""" ',' ,","'-"'"":" , < . (") a CJ c ":"?' l,j u~~ :'l: rntr: ""'" Zr!': -< " 7C:' J , ,:1' (i5"j;,. -.J :C"i .....,...-?' r;: l~; ;l S.:;;'6 )i: -1'.' ~'I zO S~d8 :;t;;O (,.) om c :z: " =< ~. <::> :J:) -< , .~ . -" - '" ,- ""'~ I, , - ,~ "'" ~ ".">: --~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, CIVIL DNISION Plaintiff, No.: 2000-06879 v. AFFIDAVIT OF SERVICE PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Filed on Behalf of Plaintiff Defendants. Counsel of record for this party: Elizabeth E. Deemer, Esquire Pa. J.D. #58232 Jeffrey J. Leibeck, Esquire Pa. J.D. #86039 BROWN & LEVICOFF, P.C. Firm J.D. #245 Suite 600 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 434-5200 (412) 434-5203 (fax) JURY TRIAL DEMANDED -'eJ- . -,~-, ~'"" ,;.:~ ~-, ,- ~~ \l:l!fii,~ -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, CNIL DIVISION Plaintiff, No.: 2000-06879 v. PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. AFFIDAVIT OF SERVICE COMMONWEALTHOFPENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) Jeffrey J. Leibeck, Esquire, counsel for plaintiff, being duly sworn, deposes and says that on the 8th day of June, 2001, sent by Certified Mail, Return Receipt Requested, postage prepaid, a true and correct copy of the May 9th, 2001 Order of Court, directed to Stephen J. Dzuranin, Esquire, 508 N. 2nd Street, Harrisburg, P A 17101. The Return Receipt is attached hereto. ~~ - Sworn to and subscribed before me this 13th day of June, 2001. ~c1. ~ NOTARY PUBliC Notarial Seal Ruth A. ctlfford. Notary Public City of Pittsburgh. Allegheny Countv My Commission Expires May 9, 2065 Menmr, PennsylvaniaAssoclationofNo1alies -" MID-STATE SURETY COMPANY, JJi Plaintiff 1, v. PHOENIX INDUSTRlAL, : INC., and H. DANIEL BErGH, III and ONEIDA H. BEIGH, Defendants 1- : ' ';; -~ 1~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-6879 CIVIL TERM ORDERiWCOURT AND NOW, this 9th day of May, 2001, upon con~deration of Plaintiff's Motion To Compel Answers to Interrogatories, a Rule is hereby issued ~pon Defendant to show cause why the reliefreq'llested should not be granted. RULE RETURlNABLE wIthin 20 days of service. Eli7aheth E. Deemer, Esq. Jefffey J. Leibeck, Esq. BROWN & LEVICOFF, P.C. Suite 600 Gulf Tower Pittsburgh, PA 15219 Attorneys for Plaintiff Stephen J. Dzuranin, Esq. 508 North Second Street Harrisburg, PA 17101 Attorney for Defendants :rc BY THE COURT, TRUE COpy FROM RECORD In Testimony wher...of. I hare unto set my !'.and ana the seal of s;lid Court at Carl/sit!, Pa. This ItJ ~y of~. t:: uHf. () . '" /I I '. . ProthollOtarf :iliI:!l!li' r / - ; S> ,to -, :::;: -' ~ ,- -:~ = . ' ~ - I I i , I i I , i I , '; , j ::i'f",':" I I I I I I' I I , i I , i ; , I i ~ 'J ~~/\ (j'\ a. ~ ~~ .:::t.. '-.J C> a. :::h, . 2.A ~G\(j)CC\1 ~ ~ ,~ ,;:1.5, ~'i ofuK ,RJ I~ '-I ~ ~ ,~,) ()1 G:i m ....s:>,~ ~, () ~ (It (\jJ'l,' "...(\J,~':).Wrc "'~":""..."""~:e"'.' ~, , , I I I , ! .1 , II iill _~I ~I enl il TN :','0' 6 o a. m 5' ~ ~ 00' r:T o L.)(. . ). I"~ "C, -"-"'i.;:",~..> ..0' -I " ,,' " i. ~- \, ~\ ~'\~",' "_X'~/'/:'" -'.~-;~:,~!'\<' . ",,< '~, ,'--., ,', ~~~~~~~~~:';:;::it~~~{:?G~5.~:~;~~~~~~;~~~~~i:~@~\~~:~#bit~:~~\i~~~~~~~~:~~i~c~>~-~~'L/L~:~~s:~&~~~ - - ~ J c z ::j, m " (j) g m en "U o ~ r (j) !ll < (; m j Is your RETURN ADDRESS completed on the teverse side? _, ?' ~ 0- ~ ~ fJJ 00 0 0 0 en ..., c>" ~fi;!"il1;g;yb'b' m ~ v n:"<"lD;a.3lDa.a33 Z ("~ o..v ,... , Ii!!l ffi'lD.:=;;g.O~12.12. 0 ~ ... _~.....lD_J:) :T'<c9191m Z, ~~ O\~!!! ~~?-!~ ~F~ii~ ~ - \.:. 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'- - = . ... ------- --.- --~-.--~--- .-."----,r----_. -..11'''_-- -,.--. ~ . l~f. ,"-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, CIVIL DMSION Plaintiff, No.: 2000-06879 v. PHOENIX INDUSTRIAL, INC. and H, DANIEL BEIGH, ill and ONEIDA H. BEIGH, Defendants, CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served by first-class mail, postage prepaid, to the following on June 13, 2001: Stephen J. Dzuranin, Esquire WIX, WENGER & WEIDNER 508 N, 2nd Street Harrisburg, PA 17101 BY: Eli b Pa. L . 58232 Jeffrey J. Leibeck , Esquire Pa. LD. #86039 BROWN & LEVICOFF, P.C, Firm LD. #245 Suite 600 Gulf Tower Pittsburgh, PA 15219 (412) 434-5200 Attorneys for Plaintiff _* "'~~~J\,!@~'WliI~Oi~~~rn~~:i:i:~,it;~.(J\.%&lF,~~i\ii;~d@ 11 " I' ,", _ .. " ~"" _,,"", ....,. '. "'~_ _,.""" _~_,",_rjl" ", 1~-,,"~ "__"_' , .<~- ^" ~ t '-b" .'~,,~ ~ ,~ < ~~".~ <-IiII1iii~ " ,~ 'ii~_ " . ~ ,.;,,,,,"~' 0 0 C> C "1' <" '- "'05:' ,-~- {71fT! :'Z 'r'~ -7"7 ,",__.t. :-:,~t~ zr ((l.1> <.n -i::;Z l~.:~~) '<c; "'Q "r- " ;P>C, ~- "=5-~ Zc' '~-..,.. ( ,) )..-c 1',;) Orn Z --~l ::) )0. -I :rJ --<. -< ~ ';t_~" ~~ ~I~,", "I" ....... . ., ;I)" ,If " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, CIVIL DIVISION Plaintiff, No. 2000-06879 v. PRAECIPE FOR CHANGE OF FIRM NAME AND ADDRESS PHOENIX INDUSTRIAL, INC. and H. DANIEL BErGH, III and ONEIDA H. BEIGH, Filed on Behalf of: Plaintiff Counsel of Record for This Party: Defendants. Elizabeth E. Deemer, Esquire Pa.I.D. #58232 LEVICOFF, SILKO & DEEMER, P.C. Centre City Tower 650 Smithfield Street Suite 1900 Pittsburgh,PA 15222-3911 412-434-5200 (phone) 412-434-5203 (fax)L www.LSandD.net A JURY TRIAL IS DEMANDED, - - , . - " ->" ~ -;"- <;ol'" ,...'11\ .", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, Plaintiff, v. No. 2000-06879 PHOENIX INDUSTRIAL, INC. and H. DANIEL BEIGH, III and ONEIDA H. BErGH, Defendants, PRAECIPE FOR CHANGE OF FIRM NAME AND ADDRESS To: Prothonotary Kindly change Brown & Levicoff, P,C.'s Name and Address in the above-captioned matter, as of August 23,2004 to the following: LEVICOFF, SILKO & DEEMER, P,C, Centre City Tower 650 Smithfield Street Suite 1900 Pittsburgh, PA 15222-3911 www.LSandD.net The phone number remains: 412-434-5200 The fax number remains: 412-434-5203 BY: ~t.~~ Eliza th E, Deemer, Esquire Pa.I.D, #58232 LEVICOFF, SILKO & DEEMER, P.C, Centre City Tower 650 Smithfield Street Suite 1900 Pittsburgh, PA 15222-3911 412-434-5200 412-434-5203 Attorneys for Plaintiff ._-- ,~, I,; ^', ",,"'ri_~""... ". "~l&:" "~^ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID-STATE SURETY COMPANY, CIVIL DIVISION Plaintiff, No,: 2000-06879 v. PHOENIX INDUSTRIAL, INC, and H. DANIEL BEIGH, III and ONEIDA H. BEIGH, Defendants. CF,RTTFH:ATF, OF SF,RYlCE I hereby certifY that a true and correct copy of the foregoing PRAECIPE FOR CHANGE OF FIRM NAME AND ADDRESS was served by fIrst-class mail, postage prepaid, to the following on August 19,2004. Stephen 1. Dzuranin, Esquire WIX, WENGER & WEIDNER nd S 508 N. 2 treet Harrisburg, PA 17101 LEVICOFF, SILKO & DEEMER, p,c. BY: ~c.~~ Elizabeth . Deemer, Esqurre Pa. J.D. #58232 Attorneys for Plaintiff .'t'j '1'';''-flf_l).i:tti~~'''ir"''''''"~j~iMt;O~l!l...!i.~'iiIl~~~~BilIlliih~_~''''' r'~' = I., >~~.~"~ '-~ , ~... '" C:~',~ -1,:::',::.\ ...-:- C) ~n .-' ~<,.' nl:'T'] l- Ilt::! ~:=:: r:; ~~ r'\) W ::;~ l"-:+? (,.) ~.