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HomeMy WebLinkAbout09-5518IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. N- 55/ ? &I l -Wknq Civil Action - (x) Law ( ) Equity TRAVELERS CASUALTY AND BRUCE BARCLAY SURETY COMPANY OF AMERICA 253 Brindle Road One Tower Square Mechanicsburg, PA 17055 Hartford, CT 06183 versus Ruthann Pasquini 190 Strayer Road, Lot 5 York Springs, PA 17372.9765 Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to (x) Attorney () Sheriff. Bradford Dorrance 210 Walnut Street P.O. Box 11963 Harrisburg. PA 17108-1963 (717) 255-8014 Names/Address/Telephone No. of Attorney §6nature of Attorney Supreme Court ID No. 32147 Date: q A 1C) I. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: &_Zzl6? Al " f, Z/ Prothonotary By f' Deputy ( ) Check here if reverse is issued for additional information FILE f.._ AT? Y Znoo1 r. , i10 _ f u? CU' Y ". i t h??# &b7ss #71? r JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn@jdsw.com TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff Attorney for Defendant: Bruce Barclay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5518 Civil Term V. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants TO THE PROTHONOTARY: CIVIL ACTION - LAW PRAECIPE Kindly enter the appearance of John R. Ninosky, Esquire and the law firm of Johnson, Duffie, Stewart & Weidner, P.C. as counsel of record for Defendant Bruce Barclay. Respectfully submitted, Date: August 12, 2009 374184 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jo Ask, squire A rney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Barclay CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 12, 2009: Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Counsel for Ruthann Pasquini JOHNSON, DUFFIE, STEWART & WEIDNER By: J hn inosky 4F V'F M-,ITAW YNI AUG 13 PM 3= 13 CuM?YU 40 tAiWA TY JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn@jdsw.com Attorney for Defendant: Bruce Barclay TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff V. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5518 Civil Term CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF RULE TO FILE COMPLAINT TO THE PROTHONOTARY: PLEASE enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. JOHNSON, DUFFIE, STEWART & WEIDNER Z?" By Date: August 12, 2009 hn R. Ninosky, Esquire RULE TO: Plaintiff Travelers Casualty and Surety Company of America c/o Bradford Dorrance, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. Date: 8113107 Pr onotary CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 12, 2009: Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Counsel for Ruthann Pasquini JOHNSON, DUFFIE, STEWART & WEIDNER By: ??io' Jon-R. inosky 374194 PFK)THONOTARY 2019 AUG 18 M 1 14 a R ,*0 CMAt1Y ?? TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff V. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 09-5518 Civil Term ACCEPTANCE OF SERVICE I, the undersigned authorized attorney, hereby accept service of Plaintiff's Writ of Summons on behalf of defendant, Bruce Barclay. Date: 4?q4 A N--6w? ha / l0 g Joh R. Ninosky, Esquire JOHNSON DUFFIE STEWART & WEIDNER, PC 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Defendant, Bruce Barclay) 0 THEW:^+TF?Y 2009 SEP 18 PM 1= 09 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff V. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 09-5518 Civil Term ACCEPTANCE OF SERVICE I, the undersigned authorized attorney, hereby accept service of Plaintiff's Writ of Summons on behalf of defendant,. Ruthann Pasquini. Date: mok 90,01 4? C Andrew C. Sheely, 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (Attorney for Defendant, Ruthann Pasquini) FILED- OF THE 2009 SEA' 18 Ph 1 ? X39 CU?+ ;NT` TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE BARCLAY and RUTHANN PASQUINI, Defendants No. 09-5518 Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 N O T I C I A USTED HA SIDO DEMANDADO/A EN CORTE. Si usted disea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) dias despues de la notificacion de esta Demanda y Aviso radicanado personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomas accion como se describe anteriormente, el caso puede proceder'sin usted y un fallo por cualquier suma de dinero reclamada en la' demanda o cualquier otra reclamacion o remedio solicitado por,el demandante puede ser dictado en contra suya por la Corte sin rtlas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A',LA SIGUIENTE OFINCINA. ESTA OFINCINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR PRO LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 KEEFER WOOD ALLEN & RAHAL, LLP Dated: By: T!g? B d f o r d orrance I. D. #32147 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR PLAINTIFF 2 TRAVELERS CASUALTY AND SURETY : IN THE COURT OF COMMON PLEAS OF COMPANY OF AMERICA, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. BRUCE BARCLAY and RUTHANN PASQUINI, CIVIL ACTION - LAW Defendants : No. 09-5518 Civil Term COMPLAINT 1. Plaintiff, Travelers Casualty and Surety Company of America ("Travelers"), is a Connecticut corporation with its principal place of business at One Tower Square, Hartford, Connecticut 06183. Travelers is engaged in the business of surety bonds (among other businesses) and is authorized to do business in the Commonwealth of Pennsylvania. 2. Defendant, Bruce Barclay, is an adult individual residing at 253 Brindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Ruthann Pasquini, is an adult individual residing at 190 Strayer Road, Lot 5, York Springs, Adams County, Pennsylvania 17372-9765. 1. BREACH OF INDEMNITY CONTRACT 4. Travelers incorporates herein by reference the allegations in paragraphs 1 through 3 above. 5. On June 13, 2001, Infrastructure Technology Contractors, Inc. (the "Contractor") and Bruce Barclay and Ruthann Pasquini, as personal indemnitors (the "Personal Indemnitors"), to induce Travelers to issue bonds on behalf of the Contractor, executed a General Agreement of Indemnity in favor of Travelers (the "Indemnity Agreement"), a copy of which is attached as Exhibit "A." 6. Pursuant to the Indemnity Agreement, the Contractor and Personal Indemnitors agreed that they would be jointly and severally liable for any and all loss, cost and expense incurred by Travelers, as surety, in connection with bonds issued on behalf of the Contractor. 7. In reliance on the Indemnity Agreement, and on behalf of the Contractor, Travelers, as surety, issued Contractor Labor and Material Payment Bond and Contractor Performance Bond Serial No. 103333689 (collectively the "Bond") to Mechanicsburg Area School District in connection with the Contractor's construction contract to renovate building(s) at the Mechanicsburg Area Senior High School in Mechanicsburg, Pennsylvania (the "Project"). 8. The Contractor defaulted in the performance of its obligations on the Project, and on October 14, 2004, filed a Chapter 7 bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania, Case No. 1-04-0619. 9. As of September 1, 2009, Travelers, as a result of the above, has incurred losses, costs and expenses in the amount of $40,767.69 in connection with the Bond. These losses, costs and expenses are set forth in the itemized account payment history attached as Exhibit "B." 2 10. The Personal Indemnitors, pursuant to the Indemnity Agreement, are jointly and severally obliged to pay Travelers the sum of $40,767.69, together with unliquidated attorneys' fees and costs incurred in this litigation. 11. Despite repeated demands, the Personal Indemnitors have failed and have refused to pay any amount to Travelers. WHEREFORE, plaintiff, Travelers Casualty and Surety Company of America, demands judgment against defendants, Bruce Barclay and Ruthann Pasquini, jointly and severally, in an unliquidated amount in excess of $50,000, plus plaintiff's unliquidated costs, accrued interest, and attorneys' fees, all of which are in excess of the limit for mandatory arbitration under local rule. Plaintiff requests such other relief as the Court deems appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: l f ?71/0 7 By: dford Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiff) 3 ST PRUL TRAVELERS BOND Fax:61065U644tj Jut 11 1UU4 1U:,)y r.UL General Agreement TRAVELERS CASUALTY AND SYlRETY COMPANY OF AMERICA Of Indemnity Hartford, Connecticut 08463 I' This General Agreement of Indemnity ("Agreement') is entered into by the undersigned ('Indemnitor") and Travelers Casualty and Surety Company of America ('Company"), witnesseth: WHEREAS, in the transaction of business, certain Bonds have heretofore been and may hereafter be required by, for, or on behalf of the Indemnitor or any one or more of the parties included in the designation lndemnitor. Application has been made and will hereafter be made to the Company to execute such Bonds. As a prerequisite to the execution of such Bonds, the Company requires complete indemnification. NOW, THEREFORE, as an inducement to the Company and in consideration of the execution and delivery by the Company of one or more Bonds, and for other good and valuable consideration, the Indemnitors do, for themselves, their heirs, executors, administrators and assigns. jointly and severally agree with the Company as follows: 1. Definitions: "Bond" Any and all contractual obligations which have been or will be undertaken by the Company on behalf of or at the request of lndemnitor, including renewals and extensions. 'Company` Travelers Casualty and Surety Company of America, its affiliated oompanies, successors, assigns, parents and subsidiaries whether now existing or formed hereafter. Indemnitor' Any one, or combination of any or all of the entities or Individuals set forth below. 'Corporate IndeMpitors' are defined as the entity named below and their successors, assigns, subsidiaries, parents, affiliates, partnerships, joint !ventures, or as co-venturer with others, whether now existing or formed hereafter. "Contraer An agreement of the lndemnitor for which the Company executes a Bond, procures a Bond, or has guaranteed performance. 'Default' Any of the following shall constitute a Default: (a) a declaration of Contract default by the obligee or entity for whom a Contract Is performed; (b) actual breach or abandonment of any Contract; (c) a breech of any provision of this Agreement; (d) failure to make payment of a properly dill: and owing bill in connection with any Contract; (a) the establishment by the Company in good faith of a reserve: (f) improper inversion of Contract funds or Indemnitor assets to the detriment of Contract obligations; (g) any lndemnitor becomes the subfect of any proceeding or agreement of bankruptcy, receivership, insolvency, creditor assignment or actuary becomes insolvent; (h) lndemnitor dies, becomes legally incompetent, is imprisoned, Is convicted of a felony, or disappears and cannot be locraitedle(1) any representation furnished to the Company by or on behalf of the indemnitor proves to have been materially false or misleading when made, 4 2. Payment of Premium: The Indemnitor shah pay to tho Company all pramiumt: for every Bond executed and all renewals and extensions thereof, until the Company Is discharged and fully released in writing from each such Bond. 3. Indemnification and Hold Harmless: The lndemnitor shall exonerate, indemnify and save the Company harmless frr?,tn and against every claim, loss, damage, demand, liability, cost, charge, suit, judgment, attorney's fee, and expense which the Cd'rflpany incurs in consequence of having executed, or procured the execution of such Bonder Expense includes the cost of'prvvunng or attempting to procure release from liability, or in bringing suit to enforce this Agreement against any Indemnitor. d. Claim Sat0ement: The Company shall have the right, in its sole discretion, to determine for itself and the Indemnitor wr`hether any claim or suit brought against the Company or the Indemnitor upon any such Bond shall be paid, compromised, settled, defended or appealed, and its decision shah be binding and conclusive upon the Indemnitor. An itemized statement thereof sworn W, by an employee of the Company or a copy of the voucher of payment shall be prima facie evidence of the propriety and existence of Indemnitors liability, The Company shall be entitled to reimbursement for any and all payments made by it under the belietit was necessary or expedient to make such payments. : !, S. Collateral Security: Indemnitor agrees to pay the Company, upon demand, an amount sufficient to discharge any claim or demand made against the Company on any Bond. Indemnitor further agrees to pay the Company, upon demand,,an.-amount equal to the value of Improperly diverted lndemnitor assets or Contract Funds, These sums may be used by the Company to pay such claim or be held by the Company as collateral security against any loss, claim, liability or unpaid premium on any,, Bond, The Company shall have no duty to Invest, or provide Interest on the deposit. 0. Remedies: In the event of a Default, Indemnitor assigns, conveys, and transfers to the Company all of the rights and.lnterest growing in any manner out of the contracts and assigns all right, title, and interest of all of Indemnitor's plant, tools, vehicles, machinery, equipment and materials, to be effective as of the date of such Contracts. In addition, in the event of a Default, the Company shall have a right at its sole discretion to, (a) Take possession of the work under any Contract and to complete said Contract, or cause, or consent, to the completion thereof: (b) Take possession of the Indemnitors equipment, tools, machinery, vehicles, materials, office equipment, books, records, documents, and supplies at the site of the work or elsewhere and utilize them for the completion of the work under the Contracts without payment for such use: (c) Assert or prosecute any right or claim in the name of the Indemnitor and to settle any such right or claim as the Cnropany sees fit: 5.5007 (11-97) Exhibit "A"' "' Pag?.1 of 5 ST PAUL TRAVELERS BOND Fax:blUb5Ub448 .Jul 11 luUU 11:1JU r.Us (d) Execute in the name of the Ind mnitor any instruments deemed necessary or desirable by the Company to: (a)provide the Company with title to assets, (b)take immediate possession of Contract funds whether earned or unearned, (c)collect such sums as may be due Indemnitor and to endorse in the name of the Indemnitor, and (d)collect on any negotiable instruments: (e) Take possession of the Indemnitor's rights, title and interest In and to all Contracts, subcontracts let and Insurance policies in connection therewith; (f) Be subrogated to all the rights, remedies, properties, funds, securities and receivables of the Indemnitor on said Contract or any other contract of Indemnitor and have the right to offset losses on any Contract or Bond against proceeds, funds, or property due from another contract or Bond. 7. Joint and Several Liability: The obligations of each Indemnitor hereunder are joint and several. The Company Is authorized to settle with any one or more of the Indemnitors individually, and without reference to the others, and such settlement shall not bar or prejudice actions against or affect the liability of the others. 8. Decline Execution: The Company has the right to refuse to provide any Bond, including final Bonds where' the Company provided a bid bond, without incurring any riability whatsoever to Indemnitor. 9, Trust Fund: All payments due, received for or on account of any Contract shall be held In trust as trust funds by lnderHMor for the benefit and payment of all obligations for which the Company as beneficiary may be liable under any Bond' issued by the Company. Company may open a trust account or accounts with a bank for the deposit of the trust funds. Upon demand, Indemnitor shalt deposit therein all trust funds received. Withdrawals from such trust accounts shall require the express consent of the Company. 10. Books, Raeords and Credit: Indemnitor shall furnish, and the Company shall have the right to free access at reasonable times to all the books, records, documents, and accounts of Indemnitor for the purpose of examining and copying them. Indemnitor expressly authorizes Company access to its credit records for underwriting purposes as well as, upon the establishment of a reserve, debt collection. 11. Attorney In Fact" Indemnitor constitutes, appoints and designates the Company as their attorney in fact with the right, but not the obligation, to exercise all rights of the Indemnitor assigned or granted to the Company and to execute and deliver any other assignments or documents deemed necessary by the Company to exercise its rights under this Agreement in the, name of the Indemnitor. 12. Security tnterest; As security, the Indemnitor hereby grants to Company a security interest in all of its equipment, machinery, vehicles, tools, and material, as well as sums due or to become duo in connection with any contract. This AprleemiW shall constitute a Security Agreement and a Financing Statement for the benefit of the Company in accordance with the -Uniform Commercial Code and all similar statutes and may be filed by the Company wilhout notioe to perfect the security interest granted herein. The Company may add schedules or other documents to this Agreement as necessary. The security'intereats are effective as of the date of each Contract for that Contract. 13. Termination; This is a continuing Agreement which remains in full force and effect until terminated. The sole method available to an Indemnitor to terminate its participation In this Agreement is by giving written notice to the Company of the indomnitors intent to terminate. The 'Termination Date" shall be 30 days after the Company receives such notice, The obligation and liabil'tt)i of the particular Indemnitor giving such notice shall be limited to Bonds furnished before the Termination Date. , 14. Other Sureties; If the Company procures the execution of Bonds by other sureties, executes Bonds with cosureties of obtains reinsurance, the provisions of this Agreement inure to the benefit of such other surety, cosurety or reinsures. 15. Nature of Rights: if any provision or portion of this Agreement shall be unenforceable, this Agreement shall not be }cold, but shall be construed and enforced with the some effect as though such provision or portion were omitted. Assent or refusal tb ss§ent to changes In any Contract or Bond by the Company shall not affect the obligations of the Indemnitor to the CIompishy., The Company's rights under this Agreement are In addition to all other rights of the Company however derived. The rights and remedies afforded to the Company by the terms of this Agreement can only be modified by a rider in writing to this-Agreement signed by an authorized representative of the Company. If any Indemnitor fails to execute or improperly executes this Agreement. such failure shall not affect the obligations of any Indemnitor. The failure to sign or the improper execution of a Bond shall not affect the Company's rights under this Agreement. WE HAVE READ THIS INDEMNITY AGREEMENT CAREFULLY. THERE ARE NO SEPARATE AGREEMENTS OR UNDERSTANDINGS WHICH IN ANY WAY LESSEN OUR OBLIGATIONS AS ABOVE SET FORTH. r IN TESTIMONY HEREOF, the Indemnitors have hereunto set their hands and fixed their seals this 13th day of June, 2001. S-5007 (11-97) Pape 2 of 5 ST PAUL TRAVELERS BOND Fax : 6106506448 Jul 21 2004 1100 F.04 IMPORTANT: 1. PRINT OR.TYPE NAMES UNDER EACH SIGNATURE. 2. EACH INDEMN TOWS SIGNATURE MUST BE ACKNOWLEDGED BY A NOTARY WHO IS NOT AN EMPLOYEE OR FAMILY MEMBER OF AN INDEMNrroR. 3. EACH PERSONAL iNDEMNITOR MUST PROVIDE A RESIDENTIAL ADDRESS AND SOCIAL SECURITY NUMBER AND EACH CORPORATION iNDEMNITOR MUST PROVIDE AN ADDRESS AND TELEPHONE NUMBER. 4, CORPORATIONS MUST BE ATTESTED TO BY A DULY AUTHORIZED CORPOPATE OFFICER, uumi-vmA I t or Attest print Chris her Anderson Name And This Controller IN . t Offlwr/Partner's Nara Tige Phone # and Address Attest Print Name And Tide Attest Print Name And Title Attest Print Name And THIS Attest Print Name And Title Ruthann O. Pesquini Presildsnt i 717-697.2416 507 N. York Street, Mechanicsburg, PA 17053, at '' .(Seal) Print Company Name OtficerrPartner's Name T1le Phone # and Address By (goal) Print Company Name Offloer/Partner's Name Title Phoney and Address By (Seal) Print oempany Name OfflceriPartner's Name Title Phones and Address py- (Seal) Print Company Name Offioer/Partner'a Name Title Phone s and Address DIVIDUAL INDEMNITORS (Including Sole Proprietorships) Attest By Print Print Name ? Bruce K. tie 'f Na SS # 19"2A238 Attest Print Name Attest pent v- Ar Name Address 253 Brindle Roe , echaniosburg, PA 17055 I'd. B Print Nama Ruthann 0. Pasquini SS o 162-48-1757 Address York Spdnge, PA 17372 t3 - y -1A Prtm Name 02VIO A. rtn c SS * i 91.10-8dei 5.5007 (11-97) `1--?? Page 3 of 5 ST PAUL TRAVELERS BOND Fax:6106506448 Jul 21 1U04 11:UU i1. U!) Address A1s aerkshiret.ane, Harrisburg, PA 17111 Attest Print Name Attest Print Name Attest Print Name a Print 198 ` ?rt P, njac 5S* 173.38-7264 Address 1 19 Berkshire Lane, Harrisburg, PA 17111 6 Print Name n B njae Ss o 208-38.8305 Address 6780 Terrace, Wormleysburg, PA 17043, a ? r Print Name Pa ra L rln ss # 1st-?lasaia Address 67 South Terreoe, Wormleysburg, PA 17M ACKNOWLEDGMENTS On this 13'1-`` day of State of 1 t I U , Countly of ?l ln1 42 In the year, . me personally appeared V4 WA:Amrn pen3onalfy urr " proven to me to be the person whose name is subscribed to the instnrment heist end eckrtowledged•to me alUhat He/she,.. exeoutod the game In hialher authorized capacity, and that b his/her ei nature on the instrument the enft,upo+i b.chalf oRN?ilcb the person acted. executed the instrument, 1101AWL SEAT tw MILL MWitness my ha d and official seal KIN A KAMEN, MM huC 15?011"t ?0 ! tgvt . . Signature State of County of On this ' day of In the year - , b e me personally appeared I, K. Co personally ` pr. '?,'. proven to me to be the p on whose name is subscribed to the instrument het to nd acknowledge to me all that hetshe. executed the same in hislher authorized capacity, and that b his/her si natureent the entity upon behal#'of which the person acted, executed the Instrument. Witness my hand and official seal „ State of I -W I U J t?l Y1, J, County of in the year, I) fore me personally appeared - ereonatlyrwn ar•. proven to me to be th erson whose name Jr. subscribed to the Instrument he in and acknowtudg to me all that hehh i = • executed the same in his/her authorized capacity, and that b 's. ar signalgre on the ent the entity upon behaf'oi the person acted, executed the instrument. NOTARIAL SEAL Witness my ha d and official sea! BEEN A 6EAMER, N0111Rr PUBLIC CAMI, NIL[ On, CUMURIAND M. PA. 1 MY COMMISSION EXPIRES SEPT. 9, 2DO2 Sig nature State of , County of n this l3`f I-, day of , In the year re me personally appeared n personal n or proven to me to be the rson whose name is subs ari d to the ins ent herein an oknowledged to me all that halrrhe executed the same in his/her authorized capacity, and that b hisfia s'anatum,on the lostn in ent the entity upon behalf of which the person acted, executed the instrument. NOtARIAI SEAL Witness my hand and official seal tU~'TH A REAMER, NOIARYPUBIIC CAMP Hit I. Bt1R0., CONISERIAHD M. M. MY COMMISSION t7RIRES Sift f. 202 signature - ea State of Lill a/1l tl I.CJ?County of ' l Qn his tJ' t- air' ofJ in the year , befolfe me personally appeared Aj= ,h ?. pgrsprial tr; proven to me to be the p on whose name Is subscrib o the instrument herein and ack ed8e to me"atl4hat heJs executed the some in his/her authorized capacity, and that by his/her signature on the '?,nstrument the entity upon Ehhiflf of which the person acted, executed the instrument. NOTARIAL SEAL Witness my tilpind and official se BETH A. OFAMfR, NOTARY PllSUZ ?l - t'AMr 11111 BORt1. CUMBERt l . PA Signature 61`1 fAM?iISSION Pi 9, ZOOL S-6007 (11-97) Page 4 of 6 ST PRUL TRRUELERS BOND Fax:6106506448 Jul 21 2004 11:01 P.06 • ' State of , County of On this day of in the year , before me personally appeared personally known or proven to me to be the person whose name is subscribed to the instrument herein and acknowledged to me all that he/she executed the some in His/her authorized capacity, and that by hlslher signature on the instrument the entity upon behalf of which the person acted, executed the instrument, witness my hand and official seal Signature Seal State of , County of . On this day of in the year - , before me personally appeared personally known or proven to me to be the person whose name is subscribed to the instrument herein and acknowledged to me all that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. Witness my hand and ofAclal seal Signature Seal 5-5007 (11-97) Page b of 5 4 ? N M r N q ? ?LL Y r r C 3 p N 6 N ? N ? O X ? Z NN,. Np ? O i6f ? ?n ?pJ U t0 m 3 i'n c Y ? ? 01o V Q ? 4 U ? N r N N pM S ?? V r p U N ro Y G n ? ?y a O Q a E ? S. C? o E ? .n °c a ?a 6 R, y O 03t N o N ? C t V a ?1 L N Y 0 0 O ? G G N V V O t ? pC p.. ? w Y N NO O Z ? ? 00 t 1 Exhibit „B?? a ? 1 i VERIFICATION I, the undersigned, hereby verify and state that: 1. I am 00'*' CV-V4 of Travelers Casualty and Surety Company of America, Plaintiff in the foregoing matter. 2. 1 am authorized to execute this verification on behalf of plaintiff. 3. The facts contained in the foregoing complaint are true and correct to the best of my knowledge, information, and belief. 4. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Dated: By: J?4"P-C 6-f q"*v gfvt-v I" coym wjt?5161• I? CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Postage Prepaid Addressed as Follows: John R. Ninosky, Esquire JOHNSON DUFFIE STEWART & WEIDNER, PC 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Attorneys for Defendant, Bruce Barclay) Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (Attorneys for Defendant, Ruthann Pasquini) Dated: C7 I +qo q / Bradford Dorrance OF THE- F 2C, 0lw Stt 18 Ff i t : 3 9 CUM, JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn@jdsw.com TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff V. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants Attorney for Defendant: Bruce Barclay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5518 Civil Term CIVIL ACTION - LAW NOTICE TO PLEAD TO: Travelers Casualty and Surety Company of America c/o Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 YOU ARE REQUIRED to plead to the within Answer with New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By: /V? Jo R. Ninosky, Esquire Attorney I.D. No. 78000 Date: October 5, 2009 Counsel for Defendant Barclay JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn@jdsw.com TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff Attorney for Defendant: Bruce Barclay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5518 Civil Term V. CIVIL ACTION - LAW BRUCE BARCLAY and RUTHANN PASQUINI, : Defendants ANSWER WITH NEW MATTER OF DEFENDANT BRUCE BARCLAY TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant Bruce Barclay (hereinafter "Mr. Barclay"), by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C., who files this Answer with New Matter by respectfully stating the following: 1. Denied. After reasonable investigation, Mr. Barclay is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 2. Admitted. 3. Denied. After reasonable investigation, Mr. Barclay is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. I. BREACH OF INDEMNITY CONTRACT 4. Mr. Barclay incorporates his answers to paragraphs One (1) through Four (4) above herein as if fully set forth at length. 5. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. By way of further answer, the attached document speaks for itself and lists David A. Brinjac, Lynn P. Brinjac, John M. Brinjac and Patricia L. Brinjac as individual indemnitors. Further, On December 19, 2001, Mr. Barclay sold his interest in Infrastructure Technology Contractors, Inc. to Brinjac Engineering, Inc. Attached hereto as Exhibit 1 is the executed Stock Purchase Agreement. Paragraph 6 of the Stock Purchase Agreement states, "Seller is an indemnitor under a General Agreement of Indemnity dated June 13, 2001, by and between the shareholders of the Corporation, the Corporation and Travelers Casualty and Surety Company of America ("the Indemnity"), copy attached as Exhibit "A." As additional consideration for Seller's Stock, and conditioned upon the Seller's acting in the best interests of the Corporation with respect to work-in-progress on the date hereof, Buyer agrees to defend, indemnify and hold harmless Seller from and against any and all costs, expenses (including reasonable attorney's fees), liabilities, losses, damages, suits, penalties, claims or demands of any kind which Seller may be subject to, incur or sustain arising from the Indemnity." Exhibit 1, Paragraph 6 (emphasis supplied). 6. Denied. By way of further answer see answer to paragraph 5 above. 7. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 2 8. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 9. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 10. Denied. By way of further answer, see answer to paragraph 5 above. 11. Admitted in part; denied in part. It is admitted that Mr. Barclay refuses to make any payment to Travelers. It is denied that Mr. Barclay has any legal obligation to make any payment to Travelers. WHEREFORE, Mr. Barclay respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and that judgment be entered in his favor. NEW MATTER 12. Plaintiff's Complaint fails to state a claim against Mr. Barclay upon which relief may be requested. 13. Plaintiffs claim may be barred by the applicable statute of limitations. 14. Plaintiff's claim may be barred by the doctrines of waiver and/or estoppel. 15. Plaintiff's claim is against parties not currently in this suit including: Brinjac Engineering, Inc.; David A. Brinjac; Lynn P. Brinjac; John M. Brinjac; and Patricia L. Brinjac. 16. Plaintiff failed to mitigate its damages with any liability or responsibility on the part of Mr. Barclay being expressly denied. 3 WHEREFORE, Mr. Barclay respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and that judgment be entered in his favor. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Jo)th R. Ninosky, Esquire c/ Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: October 5, 2009 Attorneys for Defendant Barclay 379114 4 STOCK PURCHASE AGREEMENT THIS STOCK PURCHASE AGREEMENT (the "Agreement"), entered into this Iq' day of December, 2001, and effective December 31, 2001, by and between BRUCE K. BARCLAY (the "Seller") and the BRINJAC ENGINEERING, INC. (the "Buyer"). WITNESSETH: WHEREAS, the Seller owns One Hundred (100) shares of the common stock (the "Stock") of INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC., a Pennsylvania corporation (the "Corporation"); and WHEREAS, the Buyer has agreed to purchase and Seller has agreed to sell the One Hundred (100) shares of Stock now owned by Seller. NOW, THEREFORE, in consideration of the premises and the mutual agreements set forth in this Agreement, the parties, each intending to be legally bound, covenant and agree as follows: 1. Purchase and Sale. Upon the terms and subject to the conditions set forth in this Agreement, the Buyer hereby purchases and the Seller hereby sells, assigns and transfers to the Buyer shares of Stock of the Corporation as described in Section 2 below. 2. Shares to be Sold. The Seller represents and warrants that, as of the date of this Agreement, he owns One Hundred (100) shares of Stock of the Corporation, free and clear of all liens, claims, pledges and encumbrances, and that pursuant to this Agreement he sells to the Buyer all of his One Hundred (100) shares of Stock of the Corporation to Buyer. 3. Purchase Price. The cash consideration paid by the Buyer to the Seller for the One Hundred (100) shares of Stock owned by the Seller is One Dollar ($1.00), said sum being the price which the Buyer and the Seller have determined to be a reasonable purchase price for the Stock, and the receipt and sufficiency of which sum the Seller hereby acknowledges. 4. Payment Terms. The Purchase Price is being paid by the Buyer to the Seller upon delivery of the shares of Stock to the Buyer pursuant to Paragraph 5 herein. 5. Surrender of Shares. Along with this Agreement executed by the Seller, the Seller delivers to the Buyer duly endorsed original Share Certificates or stock powers. Upon such delivery, the Buyer is making the payment of the Purchase Price to the Seller. 6. Agreement of Indemnity. Seller is an indemnitor under a General Agreement of Indemnity dated June 13, 2001, by and between the shareholders of the Corporation, the Corporation and Travelers Casualty and Surety Company of America (the "Indemnity"), copy attached as Exhibit "A". As additional consideration for Seller's Stock, and conditioned upon HB: #59874 Q (1@7603!.DOC) the Seller's acting in the best interests of the Corporation with respect to work-in-progress on the date hereof, Buyer agrees to defend, indemnify and hold harmless Seller from and against any and all costs, expenses (including reasonable attorney's fees), liabilities, losses, damages, suits, penalties, claims or demands of any kind which Seller may be subject to, incur or sustain arising from the Indemnity. 7. Representations and Warranties of the Seller. Upon execution by the Seller, this Agreement shall constitute a valid and binding transfer by the Seller of his shares of Stock to the Buyer. The Seller further represents and warrants that he has had the opportunity to consult his own legal and financial advisors with respect to the sale of Stock hereby, including the tax consequences thereof, and that no representations or warranties have been made to the Seller by the Buyer or by its directors, officers, employees or agents with respect to the tax consequences of such sale. 8. Representations and Warranties of Buyer. The Buyer hereby represents and warrants to, and covenants with, the Seller as follows: 8.1. Organization, Standing and Power. The Buyer is a corporation organized and validly existing under the laws of the Commonwealth of Pennsylvania. 8.2. Authori. The execution and delivery by the Buyer of this Agreement, the performance by the Buyer of its obligations hereunder, and the consummation of the transactions contemplated hereby, have been duly and validly authorized by all necessary action on the part of the Buyer. Upon execution by the Buyer, this Agreement shall constitute a valid and binding obligation of the Buyer in accordance with its respective terms. 9. Benefit. This Agreement shall be binding upon, and inure to the benefit of, the heirs, successors and assigns of the Buyer and the Seller. 10. Miscellaneous. 10.1. Execution in Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 10.2. Amendment. This Agreement may only be modified, supplemented or amended by a written instrument executed by the parties hereto. 10.3. Applicable Law. This Agreement and the legal relations among the parties hereto shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws provisions thereof. 10.4. Headings. The headings contained herein are for the sole purpose of convenience of reference, and shall not in any way affect the meaning or interpretation of any of the terms or provisions of this Agreement. -2- HB: #59874 0 (1@760RDOQ 10.5. Assignment. Neither party may assign or delegate any of his or its rights or obligations under this Agreement. 10.6. Survival. All representations, warranties and covenants in this Agreement shall survive the transfer of the Stock and payment of the Purchase Price hereunder. IN WITNESS WHEREOF, the Seller has hereunto set his hand and seal and the Buyer has caused this Stock Purchase Agreement to be executed by its duly authorized officers, all as of the date and date first above written. WITNESS: SELLER: By: Bruce K. B ATTEST: BUYER: BRINJAC ENGINEERING, INC. 6 B, fAsst.) Secretary HB: #59874 0 (1@7603!.DOC) -3- IL VERIFICATION I, BRUCE BARLCAY, have read the foregoing Answer with New Matter, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Bruce Barclay Date: ?% a9 379161 CERTIFICATE OF SERVICE hereby certify that a copy of the foregoing Answer with New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 5, 2009: Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Counsel for Plaintiff Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Counsel for Ruthann Pasquini JOHNSON, DUFFIE, STEWART & WEIDNER By: - 1 4.1, / A J n R. Ninosky OF THEE PMTHONOTARY 2009 OCT -6 PM 1: 29 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net TRAVELERS CASUALTY AND, SURETY COMPANY OF AMERICA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009- 5518 CIVIL ACTION - LAW VS. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants NOTICE TO PLEAD TO: Travelers Casualty and Surety Company of America C/o Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 YOU ARE REQUIRED to plead to the within Preliminary Objections of Defendant within 20 days of service hereof or a default judgment may be entered against you. October 6, 2009 By: Andrew C. Sheely, Esq ire Pa. ID No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Defendant, Ruthann Pasquini, now known as Ruthann 0. Black Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net TRAVELERS CASUALTY AND, SURETY COMPANY OF AMERICA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009- 5518 CIVIL ACTION - LAW VS. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants PRELIMINARY OBJECTIONS OF DEFENDANT RUTHANN PASQUINI Defendant, Ruthann Pasquini, now known as Ruthann 0. Black, by and through counsel of Andrew C. Sheely, Esquire, hereby files these preliminary objections to Plaintiff's Complaint and states as follows: 1. Defendant, Ruthann Pasquini, now known as Ruthann 0. Black, is a named defendant in the above-captioned matter. 2. Plaintiff's complaint is in the nature of a contract action against individual indemnitors who allegedly guaranteed a performance bond. 3. Plaintiff's complaint includes a copy of a general Agreement of Indemnity as Exhibit "A". 4. The general Agreement of Indemnity attached to the Complaint as Exhibit "A" names individual Defendant Bruce K. Barclay, Defendant Ruthann O. Pasquini, and other individuals named David A. Brinjac, Lynn P. Brinjac, John M. Brinjac and Patricia L. Brinjac as individual indemnitors to a performance bond. 5. The other entity named in the general Agreement of Indemnity is a corporation which is alleged to have filed bankruptcy as stated in paragraph 8 of Plaintiff's Complaint. 6. Plaintiff failed to join the other individuals named in the general Agreement of Indemnity as defendants in the above- captioned matter. 7. David A. Brinjac, Lynn P. Brinjac, John M. Brinjac and Patricia L. Brinjac are also individual indemnitors to the general Agreement of Indemnity and are necessary parties to the contract action initiated by Plaintiff. 8. Plaintiff's Complaint is void of any reference to any judicial or non-judicial resolution with the other individuals named as individual indemnitors to the general Agreement of Indemnity. 9. Failure to join a necessary party violates Pa. R.C.P. No. 1028 (a)(6) and judicial economy warrants joining all interested parties in a complaint. 10. Plaintiff's Complaint fails to comply with Pa. R.C.P. No. 1028(a)(6) by omitting four (4) adult individuals who are individual indemnitors to the general Agreement of Indemnity and 2 where Plaintiff's complaint no factual allegations for not joining the other adult individuals. 11. Plaintiff's Complaint fails to comply with Pa. R.C.P. No. 1028 (a)(2) by improperly raising additional claims for special damages including unliquidated costs, accrued interest and attorney fees, "all of which are in excess of mandatory arbitration" in the Wherefore clause of the Complaint as opposed to setting forth a separate counts for each claim in the complaint as required by Pa.R.C.P. No. 1020. WHEREFORE, Defendant, Ruthann Pasquini, now known as Ruthann 0. Black, hereby respectfully requests that Plaintiff amends its Complaint to join all individual indemnitors as Defendants so as to comply with the Rules of Civil Procedure and that Plaintiff amends its Complaint to separate its claims in separate counts, all as required by the Rules of Civil Procedure set forth above. October 6, 2009 Respectfully submitted, By: Andrew C. Sheely, Esquire Pa. ID No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Defendant, Ruthann Pasquini, now known as Ruthann 0. Black 3 VERIFICATION I verify that the statements made in this Preliminary Objections of Defendant are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: October (O , 2009 7Q,,?? O R thann Pasquini, now known as Ruthann 0. Black CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Preliminary Objections of Defendant upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Bradford Dorrance, Esquire Keefer Wood Allen & Rahal, LLP P.O. Box 11963 Harrisburg, PA 17108-1963 John R. Ninosky, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER P.O. Box 109 Lemoyne, PA 17043-0109 Date: October 2009 Andrew C. Sheely, Esquire 4 RLEC- '2KJ'E OF THE RPOT "I'MITARY 2099 OC T -6 PFD 2: 54 CUM ,?;?t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff NO. 09-5518 Civil Term CIVIL ACTION - LAW V. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants V. BRINJAC ENGINEERING, INC., JOHN M. BRINJAC; DAVID A. BRINJAC, LYNN P. BRINJAC, AND PATRICIA L. BRINJAC, Additional Defendants PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly issue a Writ to Join Additional Defendant in the above captioned matter against: Brinjac Engineering, Inc. 114 North Second Street Harrisburg, Dauphin County, PA 17101 Date: October 14, 2009 379645 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 4til. " jwA&r'/-" John A. Minos y, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Bruce Barclay 0 THE 2009 O CT 16 PH '.)': 02 "Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff V. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants V. BRINJAC ENGINEERING, INC., JOHN M BRINJAC; DAVID A. BRINJAC, LYNN P. BRINJAC, AND PATRICIA L. BRINJAC, Additional Defendants PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY/CLERK OF SAID COURT: n C c:? n ?y Kindly issue a Writ to Join Additional Defendant in the above captioned matter against: John M. Brinjac 114 North Second Street Harrisburg, Dauphin County, PA 17101 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 4?IC4 ZA)A? - John . Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Bruce Barclay Date: October 14, 2009 NO. 09-5518 Civil Term CIVIL ACTION - LAW 0 FILE U-: Tx ;; ?r `Nf,-)TA?Y 2009 OCT 16 PH 3: 01 C 'iVr 1\11-Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff V. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants V. BRINJAC ENGINEERING, INC., JOHN M BRINJAC; DAVID A. BRINJAC, LYNN P. BRINJAC, AND PATRICIA L. BRINJAC, Additional Defendants NO. 09-5518 Civil Term CIVIL ACTION - LAW PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly issue a Writ to Join Additional Defendant in the above captioned matter against: David A. Brinjac 114 North Second Street Harrisburg, Dauphin County, PA 17101 Date: October 14, 2009 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: a24W4 - John . Ninosky, Esquire Attorney I. D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Bruce Barclay 0 ')_ 2009 OCT 16 PH 3: C,2 PEN, SNiLv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff V. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants V. BRINJAC ENGINEERING, INC., JOHN M. BRINJAC; DAVID A. BRINJAC, LYNN P. BRINJAC, AND PATRICIA L. BRINJAC, Additional Defendants NO. 09-5518 Civil Term CIVIL ACTION - LAW PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly issue a Writ to Join Additional Defendant in the above captioned matter against: Lynn P. Brinjac 1619 Berkshire Lane Harrisburg, Dauphin County, PA 17110 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 466 "44? - John it. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Bruce Barclay Date: October 14, 2009 Fil i r J7 T 2009 OCT 16 Pki G 1 .J 411 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff V. BRUCE BARCLAY and RUTHANN PASQUINI, Defendants V. BRINJAC ENGINEERING, INC., JOHN M BRINJAC; DAVID A. BRINJAC, LYNN P. BRINJAC, AND PATRICIA L. BRINJAC, Additional Defendants NO. 09-5518 Civil Term CIVIL ACTION - LAW PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly issue a Writ to Join Additional Defendant in the above captioned matter against: Patricia L. Brinjac 67 South Terrace Wormleysburg, Cumberland County, PA 17043 Date: October 14, 2009 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 4 6 LLL?i? JJoffn R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Bruce Barclay CA) ? r ,t 'OTARY 2-309 O ,T 15 ?'3 ?' I otc r 41 Vr`?f li R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY CF THE MTH0jq0-T Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor d A11111r pt 111nbrrfa4j, 209 NOY 17 Al! 8:3 9 cam OFFICE S"ERIFF PEWYN W Travelers Casualty and Surety Company of America vs. Patrica L. Brinjac Case Number 2009-5518 SHERIFF'S RETURN OF SERVICE 11/05/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Lynn P. Brinjac, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Writ to Join Additonal Defendant according to law. 11/05/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: David A. Brinjac, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Writ to Join Additional Defendant according to law. 11/05/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: John M. Brinjac, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Writ to Join Additonal Defendant according to law. 11/05/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Brinjac Engineering, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Writ to Join Additonal Defendant according to law. 11/09/2009 04:30 PM - Dauphin County Return: And now November 9, 2009 at 1630 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ to Join Additional Defendant, upon the within named defendant, to wit: Brinjac Engineering Inc, by making known unto John Brinjac, adult in charge at 114 North Second Street Harrisburg, PA 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/09/2009 04:30 PM - Dauphin County Return: And now November 9, 2009 at 1630 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ to Join Additional Defendant, upon the within named defendant, to wit: John M. Brinjac by making known unto himself personally, at 114 North Second Street Harrisburg, PA 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/10/2009 05:35 PM - Dauphin County Return: And now November 10, 2009 at 1735 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that l served a true copy of the within Writ to Join Additional Defendant, upon the within named defendant, to wit: Lynn P. Brinjac by making known unto David Brinjac, husband of defendant at 1619 Berkshire Lane Harrisburg, PA 17111 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/10/2009 05:35 PM - Dauphin County Return: And now November 10, 2009 at 1735 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ to Join Additional Defendant, upon the within named defendant, to wit: David A. Brinjac by making known unto himself personally, at 1619 Berkshire Lane Harrisburg, PA 17111 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/11/2009 08:20 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 9, 2009 at 2020 hours, he served a true copy of the within Writ to Join Additional Defendant, upon the within named defendant, to wit: Patricia L. Brinjac, by making known unto herself personally, at 67 South Terrace Wormleysburg, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. (cj CountySuite Sheriff. Ieleosoft. Inc. SHERIFF COST: $115.84 November 16, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy Sheriff (6 CountySuite Sheriff. Teieosofl Inc. tf tr.g Elf the C*hcri f Mary Jane Sder Charles E. Sheaffer Real Estate Deputy Chief Deputy William T. Tully t Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA VS County of Dauphin LYNN P BRINJAC Sheriff s Return No. 2009-T-2852 OTHER COUNTY NO. 20095118 And now: NOVEMBER 9, 2009 at 4:30:00 PM served the within WRIT TO JOIN ADDITIONAL DEFENDANTS upon BRINJAC ENGINEERING INC. by personally handing to JOHN BRINJAC 1 true attested copy of the original WRIT TO JOIN ADDITIONAL DEFENDANTS and making known to him/her the contents thereof at 114 NORTH SECOND STREET HARRISBURG PA 17101 BROTHER OF COMPANY Sworn and subscribed to before me this 12TH day of November, 2009 "?W?A/ NOTARIAL SEAL E JANE SNYDER, Notary Publi ighspire, Dauphin County mmission Expires Sept 1, 2010 So Answers, Sheriff of hin County, ]?'a/" By's> iDeputy Sheriff Deputy: B HUNTER Sheriffs Costs: $105 11/9/2009 (Otf i r.g Elf the ? ??rr f Mary Jane Sder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin TRAVELERS CASUALTY COMPANY OF AMERICA VS LYNN P BRINJAC Sheriff s Return No. 2009-T-2852 OTHER COUNTY NO. 20095118 AND SURETY And now: NOVEMBER 9, 2009 at 4:30:00 PM served the within WRIT TO JOIN ADDITIONAL DEFENDANTS upon JOHN M BRINJAC by personally handing to JOHN M BRINJAC 1 true attested copy of the original WRIT TO JOIN ADDITIONAL DEFENDANTS and making known to him/her the contents thereof at 114 NORTH SECOND STREET HARRISBURG PA 17101 Sworn and subscribed to before me this 12TH day of November, 2009 lli?ALI NOTARIAL SEAL ARY JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Fx fires Se t I LOlo So Answers, '?f? Sheriff of dauphin County Deput ? Slferiff 0, Deputy: B HUNTER Sheriffs Costs: $105 11/9/2009 9, 10 ? (Ptfirt Of tile Si4vrrrf Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania TRAVELERS CASUALTY COMPANY OF AMERICA VS LYNN P BRINJAC AND SURETY County of Dauphin Sheriff s Return No. 2009-T-2852 OTHER COUNTY NO. 20095118 And now: NOVEMBER 10, 2009 at 5:35:00 PM served the within WRIT TO JOIN ADDITIONAL DEFENDANTS upon DAVID A BRINJAC by personally handing to DAVID A BRINJAC 1 true attested copy of the original WRIT TO JOIN ADDITIONAL DEFENDANTS and making known to him/her the contents thereof at 1619 BERKSHIRE LANE HARRISBURG PA 17111 Sworn and subscribed to before me this 12TH day of November, 2009 111?? NOTARIAL SEAL ARY JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Expires Set 1, 2010 So Answers, IeAl? n Sheriff of D in Pa. By Deputy Sheriff Deputy: G MILLER Sheriffs Costs: $105 11/9/2009 .> Elf th a S Err t Mary Jane Sder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin TRAVELERS CASUALTY COMPANY OF AMERICA VS LYNN P BRINJAC Sheriff s Return No. 2009-T-2852 OTHER COUNTY NO. 20095118 AND SURETY And now: NOVEMBER 10, 2009 at 5:35:00 PM served the within WRIT TO JOIN ADDITIONAL DEFENDANTS upon LYNN P BRINJAC by personally handing to DAVID BRINJAC 1 true attested copy of the original WRIT TO JOIN ADDITIONAL DEFENDANTS and making known to him/her the contents thereof at 1619 BERKSHIRE LANE HARRISBURG PA 17111 HUSBAND Sworn and subscribed to before me this 12TH day of November, 2009 A#t4?4/ NOTARIAL SEAL E JANE SNYDER, Notaryy Publi ighspire, Dauphin County mmission Ex ices Set 1. 20 .0 So Answers, lez"?7°1c- Sheriff of Daup %M-& By Deputy Sheriff Deputy: G MILLER Sheriffs Costs: $105 11/9/2009 In The Court of Common Pleas of Cumberland County, Pennsylvania Travelers Casualty and Surety Company of America vs. Lynn P. Brinjac 1619 Berkshire Lane Harrisburg, PA 17110 Civil No. 2009-5518 Now, November 5, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. i Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to a and made known to So answers, the contents thereof. Sworn and subscribed before me this day of 20 copy of the original Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Travelers Casualty and Surety Company of America VS. David A. Brinjac, John M. Brinjac, and Brinjac Engineering, Inc. 114 North Second Street Harrisburg, PA 17101 Civil No. 2009-5518 Now, November 5, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sworn and subscribed before me this day of 120 20 , at o'clock M, served the Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT copy of the original County, PA It TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff v. BRUCE K. BARCLAY, RUTHANN 0. PASQUINI (now known as Ruthann 0. Black), DAVID A. BRINJAC and LYNN P. BRINJAC, husband and wife, JOHN M. BRINJAC and PATRICIA L. BRINJAC, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ' ` C-- - --E CD -a - C's -- CD rr, w No. 09-5518 Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 . 1 N O T I C I A USTED HA SIDO DEMANDADO/A EN CORTE. Si usted disea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) dias despues de la notificacion de esta Demanda y Aviso radicanado personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomas accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFINCINA. ESTA OFINCINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR PRO LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 KEEFER WOOD ALLEN & RAHAL, LLP y; Dated: (7/ WI/ D B B ford Dorrance I. D. #32147 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR PLAINTIFF 2 TRAVELERS CASUALTY AND SURETY : IN THE COURT OF COMMON PLEAS OF COMPANY OF AMERICA, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW BRUCE K. BARCLAY, RUTHANN O. PASQUINI (now known as Ruthann O. Black), DAVID A. BRINJAC and LYNN P. BRINJAC, husband and wife, JOHN M. BRINJAC and PATRICIA L. BRINJAC, husband and wife, Defendants : No. 09-5518 Civil Term AMENDED COMPLAINT 1. Plaintiff, Travelers Casualty and Surety Company of America ("Travelers"), is a Connecticut corporation with its principal place of business at One Tower Square, Hartford, Connecticut 06183. Travelers is engaged in the business of surety bonds (among other businesses) and is authorized to do business in the Commonwealth of Pennsylvania. 2. Defendant, Bruce K. Barclay, is an adult individual residing at 253 Brindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Ruthann O. Pasquini (now known as Ruthann O. Black), is an adult individual residing at 190 Strayer Road, Lot 5, York Springs, Adams County, Pennsylvania 17372-9765. 4. Defendants, David A. Brinjac and Lynn P. Brinjac, are adult individuals residing at 1619 Berkshire Lane, Apartment 25, Harrisburg, Pennsylvania 17111. At all relevant times, the Brinjacs have been married. 5. Defendants, John M. Brinjac and Patricia L. Brinjac, are adult individuals residing at 67 South Terrace, Wormleysburg, Pennsylvania 17043. At all relevant times, the Brinjacs have been married. 1. BREACH OF INDEMNITY CONTRACT 6. Travelers incorporates herein by reference the allegations in paragraphs 1 through 5 above. 7. On June 13, 2001, Infrastructure Technology Contractors, Inc. (the "Contractor") and Bruce K. Barclay and Ruthann O. Pasquini, David A. Brinjac and Lynn P. Brinjac, husband and wife, and John M. Brinjac and Patricia L. Brinjac, husband and wife, as personal indemnitors (the "Personal Indemnitors"), to induce Travelers to issue bonds on behalf of the Contractor, executed a General Agreement of Indemnity in favor of Travelers (the "Indemnity Agreement'), a copy of which is attached as Exhibit "A." 8. Pursuant to the Indemnity Agreement, the Contractor and Personal Indemnitors agreed that they would be jointly and severally liable for any and all loss, cost and expense incurred by Travelers, as surety, in connection with bonds issued on behalf of the Contractor. 9. In reliance on the Indemnity Agreement, and on behalf of the Contractor, Travelers, as surety, issued Contractor Labor and Material Payment Bond and Contractor Performance Bond Serial No. 103333689 (collectively the "Bond") to Mechanicsburg Area School District in connection with the Contractor's construction contract to renovate building(s) at the Mechanicsburg Area Senior High School in Mechanicsburg, Pennsylvania (the "Project"). 10. The Contractor defaulted in the performance of its obligations on the Project, and on October 14, 2004, filed a Chapter 7 bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania, Case No. 1-04-0619. 11. As a result of the above, Travelers has incurred losses, costs and expenses in the amount of $40,767.69 in connection with the Bond. These losses, costs, and expenses are set forth in the itemized account payment history attached as Exhibit "B." 12. Since the filing of this lawsuit, Travelers has incurred additional unliquidated costs and attorneys' fees. 13. Pursuant to the Indemnity Agreement, the Personal Indemnitors are jointly and severally obliged to pay Travelers the sum of $40,767.69, together with unliquidated attorneys' fees and costs incurred in this litigation. 14. Despite repeated demands, the Personal Indemnitors have failed and have refused to pay any amount to Travelers. WHEREFORE, plaintiff, Travelers Casualty and Surety Company of America, demands judgment against defendants, Bruce K. Barclay, Ruthann O. Pasquini, David A. Brinjac and Lynn P. Brinjac, husband and wife, and John M. Brinjac and Patricia L. Brinjac, husband and wife, jointly and severally, in an unliquidated amount in excess of 3 $50,000, plus plaintiffs unliquidated costs, accrued interest, and attorneys' fees, all of which are in excess of the limit for mandatory arbitration under local rule. Plaintiff requests such other relief as the Court deems appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: 1 ?"1j0 By: t?jn? dford Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiff) 4 ST PAUL TRHJi;LERS BOND Fax:b!Ubt)Ub44? Jul l 2UJ4 lu a ?.U2 General Agreement TRAVELERS CASUALTY AND S? RETY COMPANY OF AMERICA Hartford, Connecticut 0E163 Of Indemnity This General Agreement of Indemnity ("Agreement') is entered into by the undersigned ("Indemnitor") and Travelers Casually and Surety Company of America (`Company', witnesseth: WHEREAS, in the transaction of business, certain Bonds have heretofore been and may hereafter be required by, for, or on behalf of the Indemnitor or any one or more of the parties included in the designation indemnitor• Application has been made and will hereafter be made to the Company to execute such Bonds. As a prerequisite to the execution of such Bonds, the Company requires complete indemnification. NOW, THEREFORE, as an inducement to the Company and in consideration of the execution and delivery by the Company of one or more Bonds, and for other good and valuable consideration, the Indemnitors do, for tiiemselves, their heirs, executors, administrators and assigns, jointly and severally agree with the Company as follows: 1, Definitions: "Bond" Any and all contractual obligations which have been or will be undertaken by the Company on behalf of or at the request of Indomnitor, including renewals and axtenzions. "Company" Travelers Casualty and Surety Company of America, its affiliated companies, successors, assigns, parents and subsidiaries whether now existing or formed hereafter, "Indemnitor' Any one, or oombinatlon of any or all of the entitles or Individuals set forth below, `Corporate Indemnitors" are defined as the entity named below and their successors, assigns, subsidiaries, parents, affiliates, partnerships, joint ventures, or as co-venturer with others, whether now existing or formed hereafter. "Contract:" An agreement of the indemnitor for which the Company executes a Bond, procures a Bond, or has guaranteed performance. 'Default' Any of the following shall constitute a Default: (a) a declaration of Contract default by the obfigee or entity for whom a Contract is performodi (b) actual breach or abandonment of any Contract; (c) a breach of any provision of this Agreement; (d) failure to make payment of a properly dde and owing bill in connection with any Contract; (e) the establishment by the Company in good faith of a reserve; (p improper'diversion of Contract funds of Indemnitor assets to the detriment of Contract obligations; (g) any Indemnitor becomes the subject of any proceeding or agreement of bankruptcy, receivership, insolvency, creditor assignment or actually becomes insolvent; (h) indemnitor dies, becomes legally incompetent, is imprisoned, Is convicted of a felony, or disappears and cannot be located;.(]) any representation furnished to the Company by or an behalf of the Indemnitor proves to have been materially false or misleading when made. 2. payment of Premium: Tha Indemnitor shall pay to the Company all premium-; for every Bond executed and all renewals and extensions thereof, until the Company Is discharged and fully released in writing from each such Bond, 3. Indemnlflcatlon and Hold Harmless: The Indemnitor shall exonerate, indemnify and save the Company harmless from and against every claim, loss, damage, demand, liability, cost, charge, suit, judgment, attorney's fee, and expense which the Cp: 4any incurs in consequence of having executed, or procured the execution of such Bonds, Expense includes the cost of procuring or altempting to procure release from liability, or in bringing suit to enforce this Agreement against any lndemn)tor. A, Claim SQttlemant: The Company shall have the right, in its sole discrotion, to detormine for holf and the Indemnitor whether any claim or suit brought against the Company or the Indemnitor upon any such Bond shall be paid, compromised, settled, defended or appealed, and its decision shall be binding and conclusive upon the Indemnitor. An Itemized statement thereof sworn to-by an employee of the Company or a copy of the voucher of payment shall be prima facie evidence of the propriety and existence of indemnitoes liability. The Company shall be entitled to reimbursement for any and all payments made by It under the belief.,it was necessary or expedient to make such payments, Collateral Security: Indemnitor agrees to pay the Company, upon demand, an amount sufficient to dincharge any claim or demand made against the Company on any bond, Indemnitor further agroee to pay the Company, upon demand, an. eimount equal to the value of Improperly dlverted Indemnitor assets or Contract Funds, These sums may be used by the Company to pay such claim or be held by the Company as collateral security against any loss, claim, liability or unpaid premium on any Bond, The Company shall have no duty to invest, or provide interest on the deposit. 6. Remedies: In the event of a Default, indemnitor assigns, conveys, and transfers to the Company all of the rights and.,Interest growing in any manner out of the Contracts and assigns all right, title, and interest of all of Indemnilor's plant, tools, vehicles, machinery, equipment and materlals, to be effective as of tho date of such Contracts. In addition, in the event of a Default, the Company shall have a right at its sole discretion to: (a) Take possession of the work under any Contract and to complete said Contract, or cause, or consent, to the completion thereof; •• (b) Take possession of the Indemnitor's equipment, tools, machinery, vehicles, materials, office equipment, books, records, documents, and supplies at the site of the work or elsewhere and utilize them for the completion of the work under the Contracts without payment for such use; (c) Assert or pro5ecuts any right or Claim In the name of the Indemnitor and to settle any such right or claim as the Corppany gees fit; , s-soot tit-s?? Exhibit "A" Page-. ot5 ST PRUL TRRUELERS BOND Fax: b1Ub5Ub448 Ju 1 >> 2UUU _! 1 : UU r. U? (d) Execute in the name of the Ind mnitor any instruments deemed necessary or desirable by the Company to: (a)pr.ovide the Company with title to assets, (b)take immediate possession of Contract funds whether earned or untamed, (c)coliect such sums as may be due Indemnitor and to endorse in the name of the Indemnlior, and (d)collect on any negotiable instruments; (e) Take possession of the Indemnitor's rights, title and interest in and to all Contracts, suboontract6 let and Insurance policies in connection therewith; (f) Be subrogated to all the rights, remedies, properties, funds, securities and receivables of the Indemnitor on said Contract or any other contract of Indemnitor and have the right to offset losses on any Contract or Bond against proceeds, funds, or property due from another contract or Bond. 7. Joint and Several Liabitily; The obligations of each Indemnitor hereunder are joint and several, The Company Is authorized to settle with any one or more of the Indemnitors individually, and without reference to the others, and such settlement shall not bar or prejudice actions against or affect the liability of the others, 8. Decline Execution; The Company has the right to refuse to provide any Bond, including final Bonds where the Company provided a bid bond, without incurring any liability whatsoever to Indemnitor, 9, Trust Fund: All payments due, received for or on account of any Contract shall be held in trust as trust funds by Indemnitor for the benefit and payment of all obligations for which the Company as beneficiary may be liable under any Bond issued by the Company. Company may open a trust account or accounts with a bank for the deposit of the trust funds, Upon demand, Indemnitor shall deposit therein all trust funds received, Withdrawals from such trust accounts shall require the express consent of the Company, 10. Books, Records and Credit: Indemnitor shall furnish, and the Company shall have ihti right to free acce,-z at reasonable times to all the books, records, documents, and accounts of Indemnitor for the purpose of examining and copying them. Indemnitor expressly authorizes Company access to its credit records for underwriting purposes as well as, upon the establishment of a reserve, debt collection. 11. Attorney in Fact: Indemnitor constitutes, appoints and designates the Company as their attorney in fact with the right, but not the obligation, to exercise all rights of the Indemnitor assigned or granted to the Company and to execute and deliver any other assignments or documents deemed necessary by the Company to exercise its rights under this Agreement in the name of the Indemnitor. 12. Security Interest; As security, the Indemnitor hereby grants to Company a security interest in all of its equipment, machinery, vehicles, tools, and material, as wall as sums due or to become due in connection with any contract. This Agraemerit shall constitute a Security Agreement and a Financing Statement for the benefit of the Company in accordance with the Uniform Commercial Code and all similar statutes and may be filed by the Company without notice to perfect the security interest granted herein. The Company may add schedulas or other documents to this Agreement as necessary, The socurhy interests are effective as of the data of each Contract for that Contract. 13. Termination; This is a continuing Agreement which remains in full force and effect until terminated. The sale method available to an Indemnitor to terminate its participation In this Agreement Is by giving written notice to the Company of the indemnitor's intent to terminate. The "Termination Date" shall be 30 days after the Company receives such notice. The obligation and liability of the particular Indemnitor giving such notice shall be limited to Bonds furnished before the Termination Date. , ' 14. Other Sureties; If the Comprany procures the execution of Bonds by other curaties, oxocutes Bonds with cooureties or bbtains reinsurance, the provisions of this Agreement inure to the benefit of such other surety, cosurety;or reinsures, - 15. Mature of Rights: If any provision or portion of this Agreement shall be unenforceable, this Agreement shall not be void, but shall be construed and enforced with the same effect as though such provision or portion were omitted. Assent or refusal to assent to changes In any Contract or Bond by the Company shall not affect the obligations of the Indemnitor 1o the Cornpah9: The Company's rights under this Agreement are in addition to all other rights of the Company however derived. The rights and remedies afforded to the Company by the terms of this Agreement can only be modified by a rider in writing to this Agreement signed by an authorized representative of the Company. If any Indemnitor fails to execute or improperly executes this Agreement, such failure shall not affect the obligations of any Indemnitor. The failure to sign or the improper execution of a Bond shall not affect the Company's rights under this Agreement. WE HAVi. READ THIS INDEMNITY AGREEMENT CAREFULLY. THERE ARE NO SEPARATE AGREEMENTS OR UNDERSTANDINGS WHICH IN ANY WAY LESSEN OUR OBLIGATIONS AS ABOVE SET FORTH. IN TESTIMONY HEREOF, the Indemnitors have hereunto set their hands and fixed their seals this 13th day of June, 2001, S-5007 (11-97) Page 2 of 5 ST PAUL TRRVFLERS BDND Fax:6106306448 Jul 21 2004 1i:UU F'.U4 IMPORTANT: 1. PRINT OR.TYPE NAMES UNDER EACH SIGNATURE, 2. EACH INDEMNITOR'S SIGNATURE MUST SE ACKNOWLEDGED BY A NOTARY WHO IS NOT AN EMPLOYEE OR FAMILY MEMBER OF AN INDEMNITOR. 3. EACH PERSONAL INDEMNITOR MUST PROVIDE A RESIDENTIAL ADDRESS AND SOCIAL SECURITY NUMBER AND EACH CORPORATION INDEMNITOR MUST PROVIDE AN ADDRESS AND TELEPHONE NUMBER. A. CORPORATIONS MUST BE ATTESTED TO BY A DULY AUTHORIZED CORPORATE OFFICER, CORPORATE or PARTNERS INDEMNITOR/SS Attest t3 I J `J ' - (seat) Print cntist DPW knaerson Print Company Name Jnfrastructuro Tacit logy contractors, Inc. Name And Thle Controller Officar/Partner's Ruthann O. Pasquini Name Title President i Phone # and Address 717-697-2416 507 N, York Street, Mechanicsburg, PA 17055• Attest Print Name And Title By (Seal) Print Company Name Officer7Panner's Name TBis Phone 7/ and Address Attest Print Name And Title Attest Print Name And Title Attest Print Name And Title By (Seal} Print company Name Off oer/Partner's Namo Title Phone # and Address By (Seal) Print Company Name Offlcer/Partner's Name Title Phone 9 and Address BY (Sea)) Print Company Name Officer/Partner'a Name Title Phone # and Address DIVIDUA'L iNDEMNITORS (Including Sole Proprietorships) Attest By i -" Print Print Name -? Bruce K. Bata Nam ?-? 5S # 194 52-1338 Ati v Print Name Anent Print Name 5-5QQ7 (11-97) Address 253 Brindle Roa echaniasburg, PA 17055 B lJ , Print Name Ruthann 0. Pasqulni SS # 162-48-1757 Address 190 York 9pring9, PA 17372 8 Print Name OaVIC A. rtnlac S S # i 91-dA-8.ts i Pnge 3 of 5 ST PRUL TRRUEI_ERS BDNID Fax: 6106506448 Jul 11 1UU4 11:UU r. US Attest Print Name Attest Print Name Attest Print Name AsSdrsss X15 6erkshira:Lane, Harrisburg, PA 17111 Prinl a ?ty'nn P, ?AnJxc SS 9 173-38-7254 Address it 19 Berkshire Lane, Harrlsburg, PA 17111 Ely ? Print Name n erinJac S5 # Addr 208-38-6305 67 Sou Terrace, Wormieysburg, PA 17043 ' 1 r B Print Name Patrfitia L. Brinj C SS # 191-40-9018 Address 67 South Terre oe, Wormleysburg, PA 17043 ACKNOWLED FRTS (? 2 state of rll 1'Q,ljU , County of 009,1AA On this ) day of t In the year-=, be me personally appeared In, personally wn t ; proven to me to be the person whose name is subscribed to the instrument h- and acknowledged to me all-that tie/she , . cxecuted the same In his/her authorized capacity, and that b his/her aignature on the instrument the entitY.wp<,ri'behalf ofi; ili;b the person acted, executed the instrument, MARiAI. SSA Witness my hA d and official seal MIN A, IEAMER, NOtAR7 PU6t.IC aW HILL M, CUMBIRLAHO Cd, PA, qrt t?tikt15310tt t7tP1RE . ?, 2OOI . Signature State of County of On this day of in the year b f e me personally appeared personally cn wrrpr. proven to me to be the p on whose name is subscribed to the instrument her in nd acknowledge to me all that he/she' executed the same in hlslher authorized capacity, and that b his/her si nature 6n the r enf the entity upon behalf of whiCkl the person acted, executed the Instrument, NOTARIAL SEA! - BETH A REAMER. NOTARY PUBLIC Witness my ha and official seal C1,MP HILL BDRa. CUMBERiAND CD,. P1. idY COM?tlsSION [Mi S019. 2001 r ' . Signature State of County of On this t•5 day of C1 in the year , b fore me personally appeared 4NM ,l - eroonfllly ovrn,isr.. proven to me to be th person whose name Is subscribed to the Instrument her In and acknowledged tome all that hehhu ' executed the same in hisfiel authorized capacity, and that b h'sfher signature g rument the entity upon behalf of c!tS(?ti'.. the person acted, executed the instrument. NOTARIAL SEAL Witness my he d and official seal BETH A BLAMER, NOTARY PUBLIC n ^ n ,?, r, g CAMP It 9DRO., CUMBERLAND C0., PA, \' 1 ?? tAJ 7 Y Il/ l? MY COMMISSION WIRES SEPT. 9, 2D02 Signature '-1 - State of County of n this day of in the year b 'f re me personally appeared n parson3il k nor proven to me to be tho p rson whose name is subscribed in the instr ent herein an eknowiedged to me all that he/she erTt he entity upon behalf of which executed the same in his/her authorized capacity, and that b hislhe sia at ?re nn 1hp 'n; the person acted, executed the instrument. NOTARIAL SEAL Witness my hand and official seal B119 A RAAB. NOTARY PUBLIC p ryy? CAMP IIII t 90R0„ CUMBCRLAIID Ca, PA, Ml' COMMISSION IXPIRES SEPT. 9, 2002 Signature LJI ea I22 State of R MI County of i On this `J say tzf . in the year be o e me personally appoarod rl L. pGrs?,tlrif rr6tvn proven to m© to be the p on whose name Is subscrib o the instrument heroin and ac n l"edged to me"211.1hat he/cJ7e; executed the same in his/her authorized capacity, and that by his/her signature on the ipstrument.the entity upon 06Falf of which the person acted, executed the instrument, NOIARIkI SEAL W+tness my nd and official se p ?; n, BETH A. BTAMER, NOTARr POLQ ?j n i UN r ` rAMP IIILL BORQ, CUMtILRLAND P, PA ICY ct>µt?isslDN fxP Signature S-5007 (11-97) 1 Paoa 4 of 5 ST PPUL TRHUELERS BOND rax:6106505448 Jul 2i ?NUG i1 :02 P.06 State of County of On this v day of In the year , before me personally appeared personally known or proven to me to be the person whose name is aubscribed to the instrument herein and acknowledged to me all that he/the executed the same in his/her authorized capacity, and that by his/her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal Signature Seal State of County of On this day of in the year , before me personally appeared personally known or proven to me to be the person whose name is subscribed to the instrument herein and acknowledged to me all that ha/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. Witness my hand and vffilclal seal Signature seal S-5007 (11-97) page S of 5 N m K Da ?+ C C if O O O E ? a ,n a UN E ° o 0 L L ? r ? a o, m ? m N N, m. p m O W `? E 4 27 c 0 o r Q or m O Q G Q N 10 v „ > u? ? ? L O U N N 0 x N O ?" Y N d N N m L a ?D U ? N ° N G m m m rn ? ? ?- t9 ao ` > r w m U m U c ? o ? c9 4 4 b L L t ¢ U U U N h 4 Q Q cr v Y o U N d N 05 S N l0 = r f a v+ c c - d d 6 C T a0 U 4 N K Q O O Y O Q U m ? E E ° ° FF F 9 F U r C d E ? v+ O ? 61 KYZ cn5 Z o o > o A U C ? U d m ? O O N m E ° °r r r U u N ? E N N m N U o 0 0 G E m o+ °' m z m $ w ? o Exhibit "B" VERIFICATION I, the undersigned, hereby verify and state that: 1. I am A of Travelers Casualty and Surety Company of America, Plaintiff in the foregoing matter. 2. I am authorized to execute this verification on behalf of plaintiff. 3. The facts contained in the foregoing amended complaint are true and correct to the best of my knowledge, information, and belief. 4. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Dated: l ?i/! p By: /? CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postage Prepaid Addressed as Follows: John R. Ninosky, Esquire JOHNSON DUFFIE STEWART & WEIDNER, PC 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Attorneys for Defendant, Bruce Barclay) Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (Attorneys for Defendant, Ruthann Pasquini, now known as Ruthann 0. Black) Anthony S. Potter, Esquire POWELL TRACHTMAN LOGAN CARRIE & LOMBARDO, P.C. 114 N. Second Street Harrisburg, PA 17101 (Attorneys for Defendants, David and Lynn Brinjac and John and Patricia Brinjac) Dated: 91 X1-10 ::?4? Bradford Dorrance 'FILED-GFF1;CE CF THE PR%0 fot g ?? j` L IG 3C' 13 Fri CUMBERLAND COON i PENNSYLVr N1A JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn@jdsw.com TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff V. BRUCE BARCLAY, RUTHANN PASQUINI (now known as Ruthann O. Black), DAVID A. BRINJAC and LYNN P. BRINJAC, husband and wife, JOHN M. BRINJAC and PATRICIA L. BRINJAC, husband and wife, Defendants V. BRINJAC ENGINEERING, INC. Additional Defendant NOTICE TO PLEAD TO: Travelers Casualty and Surety Company of America c/o Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 NO. 09-5518 Civil Term CIVIL ACTION - LAW Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Anthony S. Potter, Esquire Powell, Trachtman, Logan, Carrie & Lombardo, P.C. 114 North Second Street Harrisburg, PA 17101 Attorney for Defendant, Bruce Barclay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YOU ARE REQUIRED to plead to the within Answer with New Matter and Cross-claim within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER J By: Joh R. Ninosky, Esquire Attorney I.D. No. 78000 Date: October 12, 2010 Counsel for Defendant Barclay JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky I.D. No. 78000 301 Market Street R O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jrn@jdsw.com TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff V. BRUCE BARCLAY, RUTHANN PASQUINI (now known as Ruthann O. Black), DAVID A. BRINJAC and LYNN P. BRINJAC, husband and wife, JOHN M. BRINJAC and PATRICIA L. BRINJAC, husband and wife, Defendants V. BRINJAC ENGINEERING, INC. Additional Defendant NO. 09-5518 Civil Term CIVIL ACTION - LAW AND NOW, comes Defendant Bruce Barclay (hereinafter "Mr. Barclay"), by and through his counsel, Johnson, Duffle, Stewart & Weidner, P.C., who files this Answer with New Matter and Cross-claims by respectfully stating the following: 1. Denied. After reasonable investigation, Mr. Barclay is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this Attorney for Defendant, Bruce Barclay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA paragraph. The same are, therefore, denied and strict proof is demanded at the time of trial. 2. Admitted. 3. Denied. After reasonable investigation, Mr. Barclay is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are therefore denied, and strict proof is demanded at the time of trial. 4. Denied. After reasonable investigation, Mr. Barclay is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are therefore denied, and strict proof is demanded at the time of trial. 5. Denied. After reasonable investigation, Mr. Barclay is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are therefore denied and strict proof is demanded at the time of trial. 1. BREACH OF INDEMNITY CONTRACT 6. Mr. Barclay incorporates his answers to paragraphs 1 through 5 above herein as if fully set forth at length. 7. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. By way of further answer, the attached document speaks for itself and lists David A. Brinjac, Lynn P. Brinjac, John M. Brinjac and Patricia L. Brinjac as individual indemnitors. Further, On December 19, 2001, Mr. Barclay sold his interest in Infrastructure Technology Contractors, Inc. to Brinjac Engineering, Inc. Attached hereto as Exhibit A is the executed Stock Purchase Agreement. Paragraph 6 of the Stock Purchase Agreement states, Seller is an indemnitor under a General Agreement of Indemnity dated June 13, 2001, by and between the shareholders of the Corporation, the Corporation and Travelers Casualty and Surety Company of America ("the Indemnity"), copy attached as Exhibit "A." As additional consideration for Seller's Stock, and conditioned upon the Seller's acting in the best interests of the Corporation with respect to work-in-progress on the date hereof, Buyer agrees to defend, indemnify and hold harmless Seller from and against any and all costs, expenses (including reasonable attorney's fees), liabilities, losses, 2 damages, suits, penalties, claims or demands of any kind which Seller may be subject to, incur or sustain arising from the Indemnity." Exhibit A, 16 (emphasis supplied). 8. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. By way of further answer, see answer to paragraph 7 above. 9. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 10. Admitted in part, denied in part The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. By way of further response, it is admitted that Infrastructure Technology Contractors, Inc. filed for Chapter 7 bankruptcy on October 14, 2004, as revealed on a search of the bankruptcy docket on PACER. 11. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 12. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 13. Denied. By way of further answer, see answer to paragraph 7 above. 14. Admitted in part; denied in part. It is admitted that Mr. Barclay refuses to make any payment to Travelers. It is denied that Mr. Barclay has any legal obligation to make any payment to Travelers. 3 WHEREFORE, Mr. Barclay respectfully requests that this Honorable Court dismiss Plaintiffs Complaint and that judgment be entered in his favor. NEW MATTER 15. Mr. Barclay incorporates his answers to paragraphs 1 through 14 above herein as if fully set forth at length. 16. Plaintiffs Complaint fails to state a claim against Mr. Barclay upon which relief may be requested. 17. Plaintiffs claim may be barred by the applicable statute of limitations. 18. Plaintiff's claim may be barred by the doctrine of [aches. 19. Plaintiff's claim may be barred by the doctrines of waiver and/or estoppel. 20. Plaintiff failed to mitigate its damages with any liability or responsibility on the part of Mr. Barclay being expressly denied. 21. Plaintiff's claim as to Mr. Barclay are more appropriate as to the Indemnitors and Cross-claim Defendants. WHEREFORE, Mr. Barclay respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and that judgment be entered in his favor. CROSS-CLAIM BRUCE K. BARCLAY V. DAVID A. BRINJAC, LYNN P. BRINJAC, JOHN M. BRINJAC, PATRICIA L. BRINJAC. RUTHANN O. PAQUINI (known as Ruthann O Black) 22. Mr. Barclay incorporates his answers to paragraphs 1 through 21 above herein as if fully set forth at length. 23. Without admitting said allegations, and incorporating such portions of Plaintiff's Complaint against Ruthann O. Black, David A. Brinjac, Lynn P. Brinjac, John M. Brinjac and Patricia L. Brinjac solely for the purpose of this Cross-claim, Defendant, Bruce K. Barclay, 4 incorporates Plaintiffs Complaint against Ruthann O. Black, David A. Brinjac, Lynn P. Brinjac, John M. Brinjac and Patricia L. Brinjac as if fully rewritten herein. 24. The General Agreement and Indemnity attached to Plaintiff's Amended Complaint as Exhibit A indicates that Ruthann O. Pasquini n/k/a Ruthann O. Black, David A. Brinjac, Lynn P. Brinjac, John W. Brinjac, and Patricia L. Brinjac are indemnitors to the Plaintiff as set forth in the Agreement which speaks for itself. 25. Based upon Plaintiff's allegations, it is here alleged that Defendants Ruthann O. Black, David A. Brinjac, Lynn P. Brinjac, John M. Brinjac and Patricia L. Brinjac are solely liable to Plaintiff or in the alternative, should Bruce K. Barclay be found liable to Plaintiff, liability being strictly denied, then Defendants Ruthann O. Black, David A. Brinjac, Lynn P. Brinjac, John M. Brinjac and Patricia L. Brinjac are jointly and severally liable with Bruce K. Barclay and are liable over to Bruce K. Barclay by way of contribution and/or indemnification. WHEREFORE, Defendant Bruce K. Barclay demands judgment in his favor and against Ruthann O. Black, David A. Brinjac, Lynn P. Brinjac, John M. Brinjac and Patricia L. Brinjac for sole liability to Plaintiff and/or in the alternative, should Bruce K. Barclay be found liable to Plaintiff then Defendants Ruthann O. Black, David A. Brinjac, Lynn P. Brinjac, John M. Brinjac and Patricia L. Brinjac are jointly and severally liable with Bruce K. Barclay and are liable over to Bruce K. Barclay by way of contribution and/or indemnification. Respectfully submitted, JOHNSON DUFFIE?jS?TEWART & WE NER By: 'A Z"/ J hn R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: October 12, 2010 Attorneys for Defendant Barclay 5 VERIFICATION I, BRUCE BARLCAY, have read the foregoing Answer with New Matter and Cross-claim to Plaintiffs Amended Complaint, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa, C.S. §4904 relating to unswom falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Bruce Barclay Date: l? 379161 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter and Cross-claims to Plaintiffs Amended Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 12, 2010: Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Counsel for Plaintiff Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Counsel for Defendant Ruthann Pasquini Anthony S. Potter, Esquire Powell, Trachtman, Logan, Carrie & Lombardo, P.C. 114 North Second Street Harrisburg, PA 17101 Counsel for Defendants Brinjacs JOHNSON, DUFFIE, STEWART & WEIDNER By: ohn R. Ninosky C +~ TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff v. BRUCE K. BARCLAY, RUTHANN 0. PASQUINI (now known as Ruthann O. Black), DAVID A. BRINJAC and LYNN P. BRINJAC, husband and wife, JOHN M. BRINJAC and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ,._,~ PATRICIA L. BRINJAC, husband and wife, . Defendants No. -~~ ``~ m ~~ ~~ 09-5518 Civil Terms -,.' c-~ a PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, BRUCE K. BARCLAY .,~ ~, --i. o ~~ n rte-- ~- ---i -~~ ctt +~ ~~ ~, ~*' o -,~ ~ "~.' c o~ c~ `~' ~-r '~Y 15. Plaintiff incorporates by reference herein paragraphs 1 through 14 of its Amended Complaint. 16-21. Denied. Paragraphs 16 through 21 of defendant Barclays New Matter are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed to be required, plaintiff specifically denies the stated allegations and demands strict proof thereof, if relevant. WHEREFORE, plaintiff demands judgment and relief in its favor and against defendant, Bruce K. Barclay, as averred in the Amended Complaint. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: Cpl !~[l[t~ By: ~~ 111 adford Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiff) r ~ VERIFICATION I, the undersigned, hereby verify and state that: 1. I am counsel for plaintiff in the foregoing matter and I am signing this verification in accordance with Pa. R.C.P. No. 1024(c). 2. The facts contained in the foregoing reply are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904, relating to unsworn falsification to authorities. Dated: ~ o `1 ~` j b Bradford Dorrance CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postage Prepaid Addressed as Follows: John R. Ninosky, Esquire JOHNSON DUFFIE STEWART & WEIDNER, PC 301 Market Street P.0. Box 109 Lemoyne, PA 17043-0109 (Attorneys for Defendant, Bruce Barclay) Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (Attorneys for Defendant, Ruthann Pasquini, now known as Ruthann 0. Black) Anthony S. Potter, Esquire POWELL TRACHTMAN LOGAN CARRIE & LOMBARDO, P.C. 114 N. Second Street Harrisburg, PA 17101 (Attorneys for Defendants, David and Lynn Brinjac and John and Patricia Brinjac) Dated: 1 ~~~~1 b Bradford Dorrance n ; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff v. BRUCE K. BARCLAY, RUTHANN 0. PASQUINI (now known as Ruthann 0. Black), DAVID A. BRINJAC and LYNN P. BRINJAC, husband and wife, JOHN M. BRINJAC and PATRICIA L. BRINJAC, husband and wife, Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above-captioned matter with prejudice. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA ` CIVIL ACTION - LAW ?- c')- e No. 09-5518 Civil Term Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: By: '!!z Bradford Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiff) 1 '0 1 CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: FIRS'T' CLASS MAIL ADDRESSED AS FOLLOWS: John R. N.inosky, Esquire JOHNSON DUFFIE STEWART & WEIDNER, PC 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Attorneys for Defendant, Bruce Barclay) Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (Attorneys for Defendants, David and Lynn Brinjac, and John and Patricia Brinjac) Anthony S. Potter, Esquire POWELL TRACHTMAN LOGAN CARRIE & LOMBARDO, P.C. 11.4 N. Second Street - Fifth Floor Harrisburg, PA 17101 (Attorneys for Defendant, Ruthann Black) Dated: Bradford Dorrance OF cU David[lD. Buell "4 41 4.p l cnee X Simpson Prothonotary 1St Deputy Prothonotary qsc � / z lo _ x� '� .1C". j Irene E. Morrow �irkS. Sofionage, E,SQ Solicitor 1750 2nd Deputy (Prothonotary Office of the Prothonotary Cum6erfand County, CPennsy(vania O9 -x818 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291H DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Ea, (717)240-6573