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Home My WebLink About04-3105 HARMON & DAVIES, P.c. ATTORNEYS_AI_LAW 2306 COLUMBIA AVENUE LANCASIER, PA 17603 II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN H. HYKES, INC. d/b/a B&B COMMUNICATIONS 971 Ranck Mil1 Rd. Lancaster, PA 17602, Plaintiff vs. No. {) 4 ~ -') I () )' C!MK( INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. 910 N. 20d St. Harrisburg, P A 17102 and TRAVELERS CASUALTY AND SURETY: COMPANYY OF AMERICA, One Tower Square Hartford, CT 06183 Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the fol1owing pages, you must take action within twenty (20) days after this Complaint and Notice, are served, by entering a written appearance personal1y or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. HARMON & DA VlES. P.c. ATIORNEYS-AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 " Court Administrator Cumberland County Courthouse, 4th Floor South Hanover and High Streets Carlisle, PA 17013 Telephone: (717) 240-6200 HARMON & DAVIES, P.C. 2306 Columbia Avenue Lancaster, PA 17603 Telephone: (717) 291-2236 By: ~ 12. ~~Uk Thomas R. Davies, LD.#35260 Attorneys for Plaintiff HARMON & DAVIES. P.c. ATlDRNEYS.AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN H. HYKES, INC. d/b/a B&B COMMUNICA nONS 97 I Ranck Mill Rd. Lancaster, P A 17602, Plaintiff vs. No. INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. 910 N. 20d St. Harrisburg, P A 17102 and TRAVELERS CASUALTY AND SURETY: COMPANY OF AMERICA, One Tower Square Hartford, CT 06183 Defendants COMPLAINT Plaintiff, John H. Hykes, Inc. d/b/a B&B Communications, by its undersigned attorneys, Harmon & Davies, P.C., files this Complaint against Defendants, Infrastructure Technology Contractors, Inc. and Travelers Casualty and Surety Company of America, and avers as follows: HARMON & DAVIES, P.c. ATTORNEYS-AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 II I. PlaintifI, John H. Hykes, Inc. d/b/a B&B Communications ("B&B") is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with a business address of971 Ranck Mill Rd., Lancaster, PA 17602. 2. Defendant Infrastructure Technology Contractors, Inc. ("lTC") is, on information and belief, a Pennsylvania business corporation with an address of910 N. 2"d St., Harrisburg, PA 17102. 3. Defendant Travelers Casualty and Surety Company of America ("Travelers") is, on information and belief, a Connecticut business with an address of One Tower Square Hartford, CT 06183. 4. On or about August 10,2001, B&B, as subcontractor, entered into a subcontract (the "Subcontract") with ITC, as contractor, under which B&B was to furnish all labor, materials and equipment necessary to install certain telecommunications equipment on a project know as the Additions and Renovations to Mechanicsburg Area Senior High School Project (the "Project"), located in Mechanicsburg, Cumberland County, Pennsylvania for a total price of $205,985.00. A true and correct copy of said Subcontract, which was executed by B&B on December 24, 200 I, is attached hereto as Exhibit "A" and incorporated by reference as though fully set forth herein. A fully- executed copy of the Subcontract is not attached because it has not been located in B&B's records. 5. As a result of an add-on Change Order issued by ITC in the amount of $260.00, the total Subcontract price was increased to $206,245.00. True and correct copies 2 HARMON & DAVIES, P.c. ATTOR]\~"EYS.AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 II B&B's request for said Change Order dated January 21, 2002, and ITC's approval of said Change Order dated February 19,2002, are attached hereto as Exhibit "B" and incorporated by reference as though fully set forth herein. 6. As a result of a deduct Change Order issued by B&B and accepted by ITC in the amount of$II,740.00, the total Subcontract price was decreased to $194,505.00. A true and correct copy ofB&B's Change Order Credit Number JHH-924-1, dated September 24, 2002, is attached hereto as Exhibit "C" and incorporated by reference as though fully set forth herein. 7. B&B fully and satisfactorily performed all of its obligations under the Subcontract in a good and workmanlike manner and in accordance with all requirements of its Subcontract with ITC. 8. B&B has submitted invoices to ITC requesting payment in the amount of $194,505.00. True and correct copies of said invoices are attached hereto as Exhibit "D" and incorporated by reference as though fully set forth herein. 9. As result of additional add-on Change Orders in the amount of $9,434.79, the total Subcontract was further increased to $203,848.79. True and correct copies of said additional Change Orders, invoices and associated backup documents are attached hereto as Exhibit "E" and incorporated by reference as though fully set forth herein. 10. B&B fully and satisfactorily performed all of its obligations under the Subcontract and additional Change Orders in a good and workmanlike manner and in accordance with all of the requirements of its Subcontract and additional Change Orders with ITC. 3 HARMON & DAVIES, P.c. ATIORNEYS-AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 II II. B&B has submitted invoices to ITC requesting payment for the additional Change Orders in the amount of$9,434.79. True and correct copies of said invoices and associated backup documents are attached hereto as Exhibit "E" and incorporated by reference as though fully set forth herein. 12. By way ofletter dated October 24,2002, ITC informed B&B that it had been "experiencing some difficulties" in collecting its accounts receivables which had been affecting their ability to make payments to its vendors on a timely basis. A true and correct copy of said letter is attached hereto as Exhibit "G" and incorporated by reference as though fully set forth herein. 13, It is believed and therefore averred that ITC was paid by the owner of the Project for the work performed by B&B. COUNT I " BREACH OF CONTRACT AGAINST DEFENDANT ITC 14. B&B incorporates by reference the averments of Paragraphs I through 13 above as though fully set forth herein. 15. Despite the fact that B&B has submitted invoices requesting payment and has completed all of its contractual obligations in a good and workmanlike manner, ITC has refused and failed to pay B&B the sum of$94,453.56 still due and owing on the Subcontract. A true and correct copy of a spreadsheet generated by B&B which shows an itemized breakdown of the said amount still due and owing on the Subcontract is attached hereto as Exhibit "F" and incorporated by reference as though fully set forth herein. WHEREFORE, Plaintiff, John H. Hykes, Inc. d/b/a B&B Communications, demands judgment in its favor and against Defendant Infrastructure Technology 4 HARMON & DAVIES, P.e. ATTOR.'lEYS-AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 1\ Contractors, Inc. in the amount of$94,453.56 plus interest as allowed by law, costs of this suit and other such relief as the Court deems appropriate. COUNT II .VIOLATION OF THE COMMONWEALTH GENERAL PROCUREMENT PROVISIONS BY DEFENDANT ITC 15, Plaintiff incorporates by reference the averments of Paragraphs I through 14 above as though fully set forth herein. 16. Pennsylvania statutes governing payment for work performed under contracts for Public Works, 62 PA. C.S.A. !i 3901, et seq. (the "Payment Provisions"), are applicable to this action. 17. B&B is entitled to interest, penalties and attorneys' fees for ITC's failure to pay B&B pursuant to the Payment Provisions. 18. ITC has failed to comply with the Payment Provisions by, among other things, failing to pay B&B in accordance with the requirements of the Payment Provisions by wrongfully withholding payment from Plaintiff and by failing to give Plaintiff proper notice of any alleged deficiencies in its work. WHEREFORE, Plaintiff, John H. Hykes, Inc. d/b/a B&B Communications, demands judgment in its favor and against Defendant Infrastructure Technology Contractors, Inc. in the amount of$94,453.56 plus interest, penalties and attorneys' fees as allowed by law, costs of this suit and other such relief as the Court deems appropriate. COUNT II . BOND CLAIM AGAINST DEFENDANT TRAVELERS 19. Plaintiff incorporates by reference the averments of Paragraphs I through 18 above as though fully set forth herein. 5 HARMON & DAVIES, P.e. ATTORNEYS.AT-LAW 2306 COLUMBIA AVENUE LANeASIER, fA 17603 " 20. As part of Defendant Travelers' regular business, Defendant Travelers writes insurance for Pennsylvania insurers and issues bonds on Pennsylvania construction projects. 21. Defendant Travelers issued a Labor and Material Payment Bond (the "Bond")in the amount of $690,770.00 for the benefit of any claimant supplying labor or materials in the prosecution and performance of the work on the Project in accordance with the agreement between the Principal, lTC, and the Obligee, the owner of the Project, the Mechanicsburg Area School District. A true and correct copy of said Bond is attached hereto as Exhibit "G" and incorporated by reference as though fully set forth herein. 22. B&B obtained a copy of the Bond from Defendant Travelers who informed B&B that only the Obligee would have a fully-executed copy of the Bond. 23. A fully executed copy of the Bond is not attached hereto because the Obligee has failed to provide such a copy to B&B despite a request made by B&B by way of letter dated June 4, 2004. A true and correct copy of said letter is attached hereto as Exhibit "I" and incorporated by reference as though fully set forth herein. 24. B&B is a claimant who provided labor and materials in the performance of said work and for whose benefit the Bond was issued. 25. By way of letter dated December 10,2002, B&B notified Defendant Travelers of its intent to assert a claim against the Bond. A true and correct copy of said letter is attached hereto as Exhibit "J" and incorporated by reference as though fully set forth herein. 6 HARMON & DAVIES, P.e. ATrORNEYS.AT.LAW 2306 COLUMBIA AVENUE LANCASTER, PA ]7603 1I 26. Since then, the parties have been exchanging correspondence in connection with B&B's claim against the Bond. 27, In one such correspondence, Defendant Travelers acknowledged the issuance of a check to B&B from ITC in the amount of $5,000.00 which represented a partial payment toward the total amount that was due and owing to B&B by ITC. A true and correct copy of said letter is attached hereto as Exhibit "K" and incorporated by reference as though fully set forth herein. 28. In other such correspondence, ITC aJleged to Defendant Travelers, in its defense to B&B's claim against the Bond, that it was justified in withholding payment from B&B as the owner of the Project was allegedly withholding payment from ITC for B&B's work which ITC claimed was unacceptable by the owner. A true and correct copy of said letter is attached hereto as Exhibit "L" and incorporated by reference as though fuJly set forth herein. 29. Such claims made by ITC in its said letter were contradictory to the information that had been provided by the owner of the Project to B&B in B&B's verbal discussions which took place between B&B and the owner directly, 30. By way of letter dated November 4,2003, B&B requested that the owner of the Project notify Defendant Travelers that lTC's withholding of payment to B&B was, in fact, NOT a result of any wrongdoing on the part of B&B. A true and correct copy of said letter is attached hereto as Exhibit "M" and incorporated by reference as though fully set forth herein. 7 HARMON & DAVIES, P.e. ATTORNEYS-AI.LAW 2306 COLUMBIA AVENUE LANCASTER. PA 17603 \I 3 I. While B&B has not been successful in recruiting the assistance of the owner ofthe Project in its attempts to collect payment which is still due and owing by lTC, it has continued in its efforts to actively purse its claim against the Bond, to the extent that it was able to do so and continue with its work on other contracts at the same time. 32. To the extent that Defendant Travelers will now argue that B&B's claim is now time-barred, as stated in its letter dated June 4, 2004, B&B believes and therefore avers that Defendant Travelers has waived its rights to raise such a defense on the grounds that it was and is currently, fuJly aware ofB&B's unsatisfied claim against the Bond. A true and correct copy of said letter (without enclosures) is attached hereto as Exhibit "N" and incorporated by reference as though fully set forth herein. 33. It is spurious that Defendant Travelers never before mentioned such an alleged time limit to B&B in any of its many prior correspondences before the alleged deadline approached. 34. Rather, Defendant Travelers conveniently mentioned the alleged deadline for the first time only after such alleged deadline has already passed and after B&B has received a copy of the Bond for the first time. WHEREFORE, Plaintiff, John H. Hykes, Inc. d/b/a B&B Communications, demands judgment in its favor and against Defendant Travelers Casualty and Surety Company of America in the amount of $94,453.56 plus interest as aJlowed by law, costs of this suit and other such relief as the Court deems appropriate. 8 HARMON & DAVIES, P.C. AITORNEYS-AT.LAW 2306 COLUMBIA AVENUE LANCASTER, PA ]7603 1I HARMON & DAVIES, P.c. 2306 Columbia Avenue Lancaster, PA 17603 Telephone: (717) 291.2236 Facsimile: (717) 291.5739 Dated: 7- 1-0'/ ~ I?- ~ /./-H'A- Thomas R. Davies, LD, #35260 Attorneys for Plaintiff By: CCB:C IDocuments and Sellings\Owner\My DocumenlsIClients\8&B Communications BOOII\ITe 0402\Complaint wpd 9 HARMON & DAVIES, P.C. A'ITORNEYS.AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW JOHN H. HYKES, INC. d/b/a B&B COMMUNICATIONS Plaintiff vs. INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY: COMPANY OF AMERICA, Defendants VERIFICATION No. I, John H. Hykes, hereby verify that I am the President of John H. Hykes, Inc. d/b/a B&B Communications, that I am authorized to make this Verification, and that the statements contained in the herein Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S.A. !i 4904 relating to unsworn falsification to authorities. Dated: {p '30 -/)'f d.~r . Hykes CCBC:IDocumenlS and Seuings\Owner\My Docull1entslClienls\B&B Communications BOOl 1 \ITC 0402\Verification of Jol1n H. Hykes wpd HARMON & DAVIES. P.C. ATTORNEYS-AT.LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW JOHN H. HYKES, INC. d/b/a B&B COMMUNICATIONS Plaintiff vs. No. INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY: COMPANY OF AMERICA, Defendants CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of a Complaint upon the persons and in the manner indicated below, which service satisfies the requirement ofPa. R.C.P. Nos. 404 and 403: Service by Certified Mail. Return Receipt Requested Addressed as Follows: Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Dated: 7-1- ()'1 By: ~e~ IJH<I'->. Thomas R. Davies, LD. #35t60" Attorneys for Plaintiff CCB:C:\Do,urnents and Settings\Tonia Heller\TH My DoeumentsIPleadings\8&B CommunkationslCert ofServ,wpd Exhibit A 12/21/2001 10;59 FAX 7176972499 . ITC INC ~005 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. 507 North Vorl\: Street, Suite 3 Mechanicsburg, PA 17055 Phone 717-697-2416 Fax 717-697-2499 PURCHASE ORDER 01158 12/7.0/0} DATI! SHIPTO _ASABO..U......Ol'H._...Ol<Dl a~"1L /' I V _') {.c''N'Y\(,)....,'.,...ot'~,''S fI1eet, . (!tC;h. ,Sc/"O?;/ ORDERED FROM PLEASE ENTER OUR ORDER IN ACCORDANCE WITH PRICES, DEUVERY AND SPECIFICATIONS GIVEN. DATE REQUIRED SHIP VIA (CHEAPe5TWAY IJt&.EU 0T'l-ERM8E~) ..\ QUANJ:rri"~!!W',f jPRDI#IED ;R~~E!yE~~,." .'. .. I :;e~o..., /7100 Jer(5).rJ ' I ~~~ 17300 N"!-~ ACJ<NOW~~DGE OfIPIiR IMMEDIATELY AND IF AN'( ITEM CANNOT BE SHIPPED PROMPTLY, NOTIFY US, f1t eC-fk 7_ AUTlIOR/ZEl) SKlHATURE 12/21/2001 10:56 FAX 7176972499 ITC INC ~001 . Itl 'it\ I"~"A&T"UCTUII!I:; Tc:C....NOLl!!'IOy CQto,ITFlIACTQAiI, INt:, ;jOt N YORK ST.. STE_ ~ Nl.CH.N"JlCSBURG, PfNNSYllo?Nl.-. 1}O..,s 717.6Q7.2.4I!o .......~ 71/.tR7.?4QQ ......x SllBCONTRACf AGREEMENT ilMASH-01 ))A 'fE: Aupst 10,2001 CONTRACTOR: ITC 507 N. YOlk Street Suite 3 MecllaniCSburg, P A 1705S Itich Osman 717"'97.2416 717~97.2499-fax .JOB NAME/WCATION: Additions and Renovations to Mechallicsburg High ScIIool Mecha11icsburg, P A CONTACT: SCOPE OF WOJ.QC; L As described in your pl'Op06aI datecI 5!22101, iJlcJudlng AItcmate Add Tel. Please see attached. FOR THE SUM OF: TllREE HUNDRE)) TWELVE THOUSAND SEVEN lWNDRED SEVEN - S205,9SS.00 -I. 12/21/2001 10:57 FAX 7176972499 ITC INC NOTES: 1. Have lD3Ietials delivered after beiDg notified or a rd...... date. A 4-week time frame will be pl'O\'lded. No SlOrag<: is available on job site. If delivelY is ttWldatory prior to installation this subcontrllCtor will have \0 provide mquired storage facilities. P1la$Ed projects 5bouId have malorial. shipped in phases unless storage is provided. 2. Clean up ofmated debris including disposal affsilll atthe ""d ofeach woIkday. 3. Job is sales _ exen:qJt. 4. This project is to be completed in phases. The last phase: sbaIl elld on or before August 16,2002. 5. Progress schedule for phases will be senl al a later da~ for your use. 6. This subcontlal;t colllains an equa1 opportunit;y provision in which you agme not to disaintinatc against any employee or applicant fur ""'ploymenl because of race, color. religion, sex, or natiOllal origin. 7. All wot1< in accordance with OSHA Regulations. 8. PrcvaiIiDg wage Iates apply to Ibis conlraC~ as per addendum. 9, According 10 current school policy, No SmokilU! or use of anv tobacco will be pemtittcd on school properly, 1 O. ~ possession of weapons, including In parlced vebiclcs, and the pos~on and usc of alcohol or drugs will not be loIeIated O.D or in !be vicinity of!be site. The COlltraClOr$ ~ to be advised that lhe area in the vicinity oftbe school properly has been ""signated as a "D1lIl<-Free ~n.", Possession or use of drullS within Ibis zone carries a more .evere sentence than in odler areas. II. Worktne.o arc to keep 1llUlCCt:SSaIy tmflie within the occupied portion of the building to a minim..m and arellOtto use the sd1oo!'s facilities. 12. The ConttaeWrw are i.n.sttucted to rake all possible steps to eDSW'C that tIlere sball be no disruption oC !he School District's activities, 13. Th<: Contractors will be held responsible furtbt conduct oftbeit persoDDel, including their language and actions. 14. State Polke Back;round Check Forms and OlUGlNAL PA Child Abuse Form mnst be chtcked by Sc:hoo1 Distrid before employees may be on Job site, PAYMENT TERMS: I. Payment will be ma"" within 7 (jays oftbis subcontract atlor payment for said work is received by lnfr.lSlructure TccllnoloS)' Contractors, Inc.) LTC, INe. from the owner. No1Dlll1 payment cycle take, 30/45 days from rrc, INC. invoice date. 2. 10"10 relainsgc will be held U1\til it is released from the architect OT owner and pa)'IlICIll made to nc, INC. (Provided work in place by subcuntractor =CIS COlItr.Ict specifications.) Retaina&e will be reduced to 5% ",hen 500/. 0( COIItrad i. complete. 3. G""eral Cootract CooditiOIlS require that all iDvokes SIIbmittcd for work performed and materials utcd, must be olllLlA. fonnat, Form G702 & G7113, showing ~ u stallld in Item 2. 4, All invoioes should be submillfld no lalcr than !be 14'" of each month in AlA fonnat S1]lIMlSSIONS REQUIIllI:D: I. CertilIcale ofIllSIUlIIlce to be tECeiv<d before COllIUlcncing work. 2. Submit any applicable MSDS sheers to this office prior to dellvety of applicable llIlI1etials. 3. Material supplier cenifiClW:s lIIId waiver of 1I1lD acknowledgement of paJ'lDent from all major matcrial suppliers are ~ prior (0 payment of each monthly invoice after 50% of subcollllllCt. is complete. 4. Submitlals for approval: 'Submit si.x (6) copies of each required subnliltll .Submil eight (8) cople! where required for Malmenono"" Manuals 5. Submil weeldy payroll repollSlcert1flcatiOllS, 6. Qxjgj!!iJ EmplOyee Backgrowul Checks on aU employ... that wm be on job site. -2- 141002 12/21/2001 10:58 FAX 7178972499 Irc INC ~003 SUBCONTRACT CONDITIONS, 1. 11>i, SubCDntract coDSlitolEs the eJIlirc, exclusive agreement and ill; tenus I8ke prece.m.n(X' <:rver any conflicting _ in the Subconltllctors documentation. Z. 'Ibis Subcontractor will be held liable for any liquidated c!amage$ assC5SCd against the contractor as a re5UIt of IalE performance. 3, Any au.d all cxpr1'SSCd warranties made by this Subcontr3ctor or Subcontractor', suppIitrs will be assiped lO the projCCl owner, 4, This Subcontractor &gees to inde~ an<! bold the contractol' hannless from any losses Of claims caused by this Subcon!nlctor's dciective perfOJlllal1CG. S. If this SubconttaCt is ltOl exocuted and returned within founeen (14) calendar days of receipt, lTc, INC. reserves the ligbl to void this Subcontract 6. lTC, INC. sbalJlIave the light 10 termin... this Subcontract Agrttmeut aod lO hire another Subcontractor to pcrfonn the incomplete portion of the work should the CwIlractor fail to pcrlbrm ill; obligmions IIIlda: this or4er, lTC, INC. sbalJ have the rlgbllo Jecover any and all losses or d.~, including legal fees, resulting from the SubcontraCl.or's breach of contract Any a1DOUlll ~rmined to be due lTC, INC. by any arbitration panel, court, or tbrouJ:h any other dispule resolution techniqUES shalll>ear inten:st from the date the breach occurred at the maximum late permitted by the ..-my laW5 of the applicable JurisdiClion. - 3. 12/21/2001 10:~8 FAX 7176972499 ITe INC ~004 The above specified project is to b. completed in Slrict confonnance with all speciJicatiOll!l and conditions relating to this agreement. III addition, !be ptoj<<t is to be petfo.rmed in compliance with OSHA Rogulations and local, state, and Nalioll3l BuildiDg Codes. Although the Conlr3clor ha6 contrOl over tile quaJity of all wori< relating to litis project, the Suboon_r is an independellt contractor in aU respects, The SuboolllIllClor is responsible fur his employees, his subrontractOJ'S. malel'lals, equipmellt, and aU applicable ~ bedelits and insuraDcc. The Subcontractor is resp:lllSible fur coordiJIatinB his activity with other tIades and promplly cleaning up any surplus or refuse which was ~ by hi$ wmk. Eilclos......: L Prevailing Wage Rates. 2. Certified l'ayroll Forms. 3. State Police Badgroulld Check Form. 4. PA awd Abug, Form. ~, W.9 form 10 be Jelllmcd at carlitSt convenience, 6. Transmittal Lew:r/Cover Sheet. JLONTKACTOR: f"'lA ~ '. -14.'~ 1 CONTRACTOR: SignatUre B &B COMMUNICATIONS l'rintm Name and Title Printe4 Name and Title i-:J..- {).J.j-Ol Date Date .4. OS/22/2002 08:54 F~l 7176972499 ITC INC 5,'22/02 TO: TODD!iiJ B - B FROM; JOHN KAUFFMAN MASH QUANTITY MA TERlALS NEEDED 30 2 4 CORTELCO CLASSROOM TELEPHONES DUKANE CLOCK PO'iVER SUPPL Y BOXES SOUND RACl:s eJl8S TO BE FININSHED IN THE NEl\R FUTURE __..._t;:Q~"'lPLETION DATES G aren locker rcc:rm:.s/fittneS5 ar=;;l E af,;;l Qffic:;s {school achuinistrntioIi. 0ffke:(i A&D dW;.~TOoIDS (1 r~ and 2Oll! floor:)) For.. ohorolltrnuoic H area gymna5'um C ar;;a (cafcter1e"'kitdl~.n) 5/3l/0:! '"".:10.102 \.."l;'';"i02 61"21..02 812/02 8/27'O:? I4i 002 Exhibit B IFAX TRANSMITTAL I /;cY ~ 'J /" t . ~~ r.r ~:t' ,\ eJ \'0 l I f IJanuary 21, 2002 NUMBER OF PAGES INCLUDING COVER: 1 I TO: Mark Wesser ITC TELEPHONE: 717-697-2416 FP0<: 717-697-2499 ~FROM: " JOHN H. HYKES FP0<: 717 -295-5566 I I RE: MECHANICS BURG MUSIC ROOM SYSTEMS r Mark, . ~ ~ i ! , The racks and mixer amps specified for the four music I chorus rooms are in compatible. The Marantz PAC770 requires at least 20" of depth the SBX 10 is only 14" Deep. My suggestion would be to upgrade the rack to a Atlas Soundolier 340-178 which has 20" of useable depth, i I I I , ~ 4 4 Middle Atlantic S8X-10 $230.00ea Atlas Soundolier 340-178 l3Sco $295.00ea Yl bJo c.L -$920.00 $1,180.00 , I i Total Suggested Change Add $260.00 .....,,,_,.. ...,...... .....,,,.-.. ..........__......~..... _. .-........... ............., _____....._ .....AI' ....... 4l{. 507 N. YORK 51, STE 3 MECHANICSBURG, PENNSYLVANIA 17055 7\7.697,2<1.16 "HCN~ 7\7697,2499,...x INFRASTRUCTURE TECHNOL.OGY CONTRACTORS, INC. February 19, 2002 John H. Hykes B&B Communications, Inc. 971 Ranick Mill Road Lancaster, P A 17602 Dear John, Your change order request of January 21, 2002 has been approved by ITC. Please proceed with the change and provide an update to the submittal package. The original PO issued to your company by ITC will be increased by $260.00. If you have any further questions please feel free to contact me. Than~ yryf) lut/lI~. ark P. Wesser General Manager Exhibit C BOB COMMUNICATIONS 971 Ranck Mill Road, Lancaster, PA 17602 717-295-5555 717-295-5566 FAX CHANGE ORDER CREDIT TO: MR. JEFF DUKES INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC 910 NORTH SECOND STREET HARRISBURG, PA 17102 TELEPHONE: 717-232-7882 FAX: 717-232-8070 CHANGE ORDER NUMBER: JHH 924-1 DATE: SEPTEMBER 24 2002 * * * * * * * * * * * * * * * * CHANGE REQUESTED BY: JEFF DUKE DATE CHANGE ORDER REQUESTED: 9/24/02 CHANGE REQUESTED: CREDIT TO ORIGINAL CONTRACT AMOUNT FOR TELEPHONE SYSTEM COMPONENTS NOT INSTALLED AT MECHANICSBURG HIGH SCHOOL 8 PORT VOICE MAIL SYSTEM T1/PRI CSU KIT REMOTE PROGRAMMING KIT 3 PORT DCI 20 NEC 92750 22 BUTTON HANDSFREE TELEPHONES 16 NEC 92763 28 BUTTON HANDSFREE TELEPHONES 1 NEC 92783 34 BUTTON HANDSFREE TELEPHONE CHANGE ORDER AMOUNT: ORIGINAL CONTRACT AMOUNT: PO#1158 NEW CONTRACT AMOUNT: $11,740.00 CREDIT $205,985.00 $194,245.00 ANY QUESTIONS REGARDING THIS CHANGE ORDER SHOULD BE DIRECTED TO JOHN HYKES, B&B COMMUNICATIONS 717-295-5555 ABOVE CHANGE ORDER IS HEREBY ACCEPTED BY: SIGNATURE DATE PRINTITYPE NAME & TITLE Exhibit D W -.J a:l ~ iJj U w a:: ~ z .... :J Q) o 8 UCii U ::J C(U ~, ~N oT"""Q C\I 000 0 ciq<ci 05 00,...... 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T""" T""" NNNNNNNNNNN _g:_cooe~geeaQee ~co~___coO)~~coMgreo c:oco a>cna5oo;::~ .,.... ,- ,...... .,.... ,... ,... cxi S ri C"l ~ c:> c:> ,,; c:> III ~ en ... .,. III ! ~ <Xl III ... ..... 'It o Il. c o III CIl U '0 > ,5 CIl > o .0 .. < ~ ... C ::l o E <( o Il. 0000 oqoo ..oociui cocovo CDC\.lr--.an to EA' ~ "'t" a ~Ol N ........ ,.,. CIl Ol '" a. '0 e - c UUalo f-f-o/lU --al'O E E E CIl e eo.! u... u... '- > u.. CIl alaluO:: o/lo/lf-- cccc_,! 000 0 f-1-f-1- 8 Il. CIl~ to ~:o '" '" '" ~Bo ~ o ~NN S<a S< a Ol" ~~~ ~ / INFRASTRUCTURE TECHNOLOGIES ACCOUNTS .' PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 INVOICE Invoice #: Invoice Date: Payment Due: Terms: Net 30 00092441 1/24/02 02/23/02 DELIVERED TO SITE AND BEING INSTALLED: 1 NECAMERICA 704I TELEPHONE SYSTEM EXCLUDING TELEPHONES AND VOICE MAIL SYSTEM 1/24/02 8 CORTELCO 2201 ANALOG TELEPHONES PAGE 2 13,962.91 214.32 '0- ~~2 TOTAL 21,140.23 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE DELIVERED TO SITE AND BEING INSTALLED: 1 NEC AMERICA 704I TELEPHONE SYSTEM EXCLUDING TELEPHONES AND VOICE MAIL SYSTEM 1/24/02 8 CORTELCO 2201 ANALOG TELEPHONES TOTAL 00092441 1/24/02 02/23/02 PAGE 2 13,962.91 214.32 21,140.23 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 INVOICE JOB NAME: MECHANICSBURG HIGH SCHOOL PURCHASE ORDER NUMBER: 1158 Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE FOR MATERIALS DELIVERED TO SITE/CUSTOMER TO DATE: 1/22/02 34 DUKANE 24D20 DIGITAL CLOCKS 11 CORTELCO 220121 TELEPHONES LOT PRICE ON ABOVE MATERIALS 1/15/02 24 ATLAS SOUND FD72W 24 ATLAS SOUND 81-8R 24 ATLAS SOUND 95-8 21 UNIVERSITY SOUND LOT PRICE 1/10/02 24 ATLAS SOUND 24 ATLAS SOUND 24 ATLAS SOUND LOT PRICE 81-8R FD72W 95-8 SPEAKER ASSEMBLIES TILE BRIDGES BACKBOXES PA430T PAGING HORNS TILE BRIDGES SPEAKER ASSEMBLIES BACKBOXES Continued on Next Page 00092441 1/24/02 02/23/02 PAGE 1 3,963.00 2,415.00 585.00 B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER, PENNSYLVANIA 17602 (717) 295-5555 ~E[k@fuiim~ J1fi~~ ( CUSTOMER ORDER NO. 17:';E;' -0:<. I SH5~ I'; I OUA NO ~OLDTO: I S"ESPEASON '\ SHIP TO: (lil CC,;'hcrv, I' '-') b 0 I-l . <), J- I c... m:1-JlU:I~.".:~r:-T::i.!.~:C:'t=...~.:-. ~:-, ..m~~;n . ..~~~;;... ;::C~~~~{l;f~~ CARTONS I TOTAL WEIGHT I ORDER COMPLETE I BALANCE TO FOLLOW I PACKED BY PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT IC~t,~ \ B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER, PENNSYLVANIA 17602 (717) 295-5555 JP~@mllJ1Sl~ lliLb~~' ( CUSTOMeR ORDER NO. I DATY:P[S -02 I sH'PPEDv'DELlVERED/ OU"N'Ol/14/02 ISALEJf!1RN . SOLD TO: . INFRASTRUCTURE TECHNOLOGIES 507 N, YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 717.697.2416 - .'I-.,."~~~""*' ~..,"~t~,d -L~fj.~.~,..___~l~. JOB NAME: MECHANICSBURG AREA HIGH SCHOOL ATLAS SOUND FD72W SPEAKER ASSEMBLIES ATLAS SOUND 81.8R TILE BRIDGES ..ATl,.ASSQlJf\JP ..... 95-8 BACK BOXES ...UNIYE:RSIJY . PA430T PAGING HORNS "\ SHIP TO: INFRASTRUCTURE TECHNOLOGIES ATTN: 507 N, YORK STREET, SUITE 3 MECHANICSBURG, PA 1705q , - ** 24 24 ......................24... ~'2) ...-...-.............~-.".,..----."..-.... CARTONS I m"^=.~'~~;~~~~:~~I~i~:==,~~fi1~;;J~ .I " PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER, PENNSYLVANIA 17602 (717) 295.5555 W~@fufim~ llifi~u; / CUSTOMER ORDER NO. I f:i s:P;; -6 ~ I SH'PPED v,^ lOUR NO I SALESPERSON '\ SHIP TO: SOLD TO: s-f- _ 5<1."1-... 3 fr7e-c:.-httlJl~~ ~L, 5"k-c/ R( 1.-1--. . .2-1 . ....mJ1JS .. .. ... .... .m:;}'} . .mm4-/S .. m. .... ..... ..m fZ'fm .... ..........mltl?m ?PK"..&?~~J,~,s. .... ..... ...... ... ....................~z=~:z:~ CARTONS I TOTAL WEIGHT I ORDER COMPLETE I BALANCE TO FOLLOW I PACKED BY I CHECKED gy ./ '- PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT / INFRASTRUCTURE TECHNOLOGIES ACCOUNTS, PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE PURCHASE ORDER NUMBER: 1158 JOB NAME: MECHANICSBURG HIGH SCHOOL INVOICE FOR MATERIALS DELIVERED TO DATE AS PER ATTACHED PACKING SLIPS FROM 3/7/02 AND 3/14/02 ~ TOTAL 00092675 03/20/02 04/19/02 ['~r~"''''[) r':L~ ..J -';;" p~.) I -1<, .03- PAGE 1 1,400.00 1,400.00 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 Invoice #: Invoice Date.: Payment Due: Terms: Net 30 INVOICE PURCHASE ORDER NUMBER: 1158 JOB NAME: MECHANICSBURG HIGH SCHOOL INVOICE FOR MATERIALS DELIVERED TO DATE AS PER ATTACHED PACKING SLIPS FROM 3/7/02 AND 3/14/02 TOTAL 00092675 03/20/02 04/19/02 PAGE 1 1,400.00 1,400.00 ',,-~ B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER. PENNSYLVANIA 17602 (717) 295-5555 wro@fufim~ llifi~UJ .r (' CUSTOMER ORDER NO. SHIP TO: I oAT,'P::7 - OL I DELIV'ERED lOUR NO. SOLD TO: I SALES~rHSHN " NFRASTRUCTURE TECHNOLOGIES ATT: 507 NORTH YORK STREET. SUITE 3 INFRASTRUCTURE TECHNOLOGIES ~~ .... .....................................JQSNAMI;.:....M.I;QHANI<;::$St,)R.GHIGH~QHQQ.t.,....... ... ~* .... m...PVR<;::HA~EQRPERNl".JMaER:m ....~m 34m.............. ....AIL.A~~Ql".JNOm.. ...E072.W .. .....$PI;AKI;RA~SI;M8LIES. ..... mM'..?€? ... ..... ......ATL.AS.SOUNOm ..... .9508 .m .. .....8ACKBQXESm J .. .........54 .....m....m.........m.ATL.AsSQUNO ....... .......8108B m.. m..mTILEBBIDGES ~*m.... ..m... ... .... ... ..... F ECEIVED...BY:.... .~ I TOTAf~,~"iT NAI'f,;!e;,~o12pr!Jl F-I BALANCE TO FOLLOW I PACKED BY PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT I C~EC~Eo BY J :.:::'P~ \t"'-:l V CARTONS '-- .1' " B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER, PENNSYLVANIA 17602 (717) 295.5555 W~fuiinu~ l1ft~~ I" CUSTOMER ORDER NO. 13~')LrO:l. I '"'PDELIVERED lOUR NO. SOLD TO: I SALESPERSJH H '1 SHIP TO: INFRASTRUCTURE TECHNOLOGIES INFRASTRUCTURE TECHNOLOGIES ATT: 507 NORTH YORK STREET. SUITE 3 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 MECHANICSBURG PA 17055 717-697-2416 "y""",. t7U_ ~ ~. ~,--'''~'1'T."1't'''~_1 _~~ ..~,.,.,_ ~. . ,_.",. .... .. .,. "1It,lJ;h.~ ,~~~~srt~~...",..l.."Uf;;,~~~\ u ....... ...... ..... ...... ..)QI?NAME;MEGHANIGSSWBGHIGHSGHQQL ** mm...m ..."...PVBGHASEORoERNWM6EA: ..............................JJ58m ...... ..... . .....18 ..mmmmm.ATLASSOVND ...95=8BAGK60XESm... **mm ...... .........HEGEIVED..BY:](...~m ** .PRINTNAMEANDTITLE:~~I':::?CA11",,1J...J. ..... n:.9k1 CARTONS I TOTAL WEIGHT I ORDER COMPLETE I BALANce TO FOLLOW I PACKED BY I CHECKED BY / '-- PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT '~r B & B COMMUNICATIONS INC. . 971 RANCK MILL ROAD LANCASTER, PENNSYLVANIA 17602 (717) 295-5555 IP~fuftm~ ILft~~ ".' .,.' /'" CUSTOMER ORDeR NO. I DS 5H7: O?- I "DELIVERED lOUR NO. SOLD TO: I 5ALESPEJHH '\ SHIP TO: ~G u' .1 i' .. "'. . 'V. ,.,.... .ih _._~ INFRASTRUCTURE TECHNOLOGIES 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 7:1 - INFRASTRUCTURE TECHNOLOGIES ATT: 507 NORTH YORK STREET, SUITE 3 "" JOB..NAME:...MECHANICS.BUHG...HIGH..SCHOOL....... ** PURCHASEO.RDERNUMBERu ..........u.. ..2... "'u ....uDUKANE..... .... .....t45J84 .uu..BACKBOXES..... . J u2u . .... .u .... ....... DUKANEu ........lJO,2191uSURFACEDOORS / ...................1u ... ..DUKANE ..... ..t10,3693 ... ...CLOCKflOWERSUPPLY ** ..... ... . ...... .......u.. .u RECEIVED...BY;.u.. .. CARTONS I TOTAL P.alNT N1M&htiREIITLiOACANCE TO FOCLOW I PACKED BY I C~~:KED BY ./ \. PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT / INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 INVOICE PURCHASE ORDER NUMBER: 1158 JOB NAME: MECHANICSBURG HIGH SCHOOL Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE FOR MATERIALS DELIVERED AS PER ATTACHED PACKING LIST ON 2/28/02 4 DUKANE 24D40 CLOCKS 124 DUKANE 24D20A CLOCKS 4 ATLAS SOUND 340-17B-962 CABINET BACK LOT PRICE ON ABOVE MATERIALS 00092678 03/21/02 04/20/02 REalVED ~ ?d 7-10,-0).. TOTAL PAGE 1 15,110.00 15,110.00 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 INVOICE PURCHASE ORDER NUMBER: 1158 JOB NAME: MECHANICSBURG HIGH SCHOOL Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE FOR MATERIALS DELIVERED AS PER ATTACHED PACKING LIST ON 2/28/02 4 DUKANE 24D40 CLOCKS 124 DUKANE 24D20A CLOCKS 4 ATLAS SOUND 340-17B-962 CABINET BACK LOT PRICE ON ABOVE MATERIALS TOTAL 00092678 03/21/02 04/20/02 PAGE 1 15,110.00 15,110.00 B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER, PENNSYLVANIA 17602 (717) 295-5555 JFiID@fuiiill~' JLii~UJ .;-"~~..,.. ," /" CUSTOMER ORDER NO I OATE SHIP:2 _ 2 ~ -~tIPP'!;at' vt..~ lOUR NO. ~ro~- ~~ . r./&..<..H"./V,'<-sjj'V~ /-.Irjl( SC~<JL. :::c: r-C- I SALESPEASON ',~-: ;"'e'.'" \ ~~i~. _....,-,~. ~;~:;~~~ -if' ;'t':-';." ~J'.':(,,''- - -~ --~..- _...\~..- J:lr~::-'~'--"":.... . '~. --~"'.-.r""" ~. , "'Y -.I'- , ...." ..., ,,_,n -",," "1 '" ' " ~~~ - ,," ...."<<""_~..~flP"Il\ll_"___._,, ......,1.....-..,., ,- ~'" t/ _II ...:;7/0----- /2-4 ~...;;Z-... ,2.~ j) -$10 __Ct4~~_ . .)::>,::,f1:",,~.... ;L if b .2 0 -+ C- {,,; &.-1::- ... . "':t>vtktl.f- ___ ....._...3':1C)~II~:?~_2:--:_ .... .4:tf-.t~ SrJv",j> Ii .. :gol f/11A1J iNJ &/'1 L l.- l'tWoI,vT (aA-4:. ONLfJ CARTONS I TOTAL WEIGHT I ORDER COMPLETE I BALANCE TO FOLLOW I PACKED BY PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT I CH~Ii-' ) ,< ~ tLc-- - .... ,/ INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 JOB: MECHANICSBURG HIGH SCHOOL PURCHASE ORDER NUMBER: 1158 20 ELKAY BAF-804P CUSTOMER GRILLS DELIVERED ON 4/25/02 Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE ~~ TOTAL 00092939 05/14/02 06/13/02 PAGE 1 600.00 600.00 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 INVOICE JOB: MECHANICSBURG HIGH SCHOOL PURCHASE ORDER NUMBER: 1158 20 ELKAY BAF-804P CUSTOMER GRILLS DELIVERED ON 4/25/02 Invoice #: Invoice Date: Payment Due: Terms: Net 30 TOTAL 00092939 05/14/02 06/13/02 PAGE 1 600.00 600.00 B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER. PENNSYLVANIA 17602 (717) 295-5555 wro@mftrrn~ l1fi~~ SHIP TO: I DATe!:[:_2 5. Cl.2- I ""DELIVERED I OUR NO SOLD TO: I SALESPEjHH " /' CUSTOMER ORDeR NO. INFRASTRUCTURE TECHNOLOGIES ATT; MARK WESSER 507 NORTH YORK STREET. SUITE 3 INFRASTRUCTURE TECHNOLOGIES 507 NORTH YORK STREET. SUITE 3 MECHANICSBURG. PA 17055 ** .. m.....................................lOBNAME:....MECHAN.ICSBUAG..HIGH...SCHOQJ"..... ** ... ..m....... ......m......PUACHASEOADEANU~~ER; ...........m........JJ56m .m...........20....m ........m...ELKAYmBAF~804PCUSIOMGBILLm ** ...... .............~~~~I~~~~~:..iZ:l....lf~............. .PRINT..NAMEAND..TITLE:..........I11.J'l-:r1< ....Dqr~iI':</.lj,)~rt'.......'?Ioz....... ** CARTONS I TOTAL WEIGHT I ORDER COMPLETE I BALANCE TO FOLLOW I PACKeD BY I CHECKED BY / " PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT PAGE 1 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 Invoice #: Invoice Date: Payment Due: Terms: Net 30 00093063 06/26/02 07/26/02 INVOICE JOB NAME: MECHANICSBURG HIGH SCHOOL PURCHASE ORDER NUMBER: 1158 1 DUKANE STARCALL INTERCOM SYSTEM ON SITE AND INSTALLED INVOICE FOR MATERIALS DELIVERED 5/20/05 TO MARK D. 65 FD72W SPEAKERS, 55 95-8 BACKBOXES, 65 81-8R TILEBRIDGES 37,315.00 1,516.00 ~ ,!!~~!y'!D ~ RECEIVED ~/S)o.e.OG 'tI . ''1..'1- 10 -.2-6 -07- ~ RECEIVED (, 9<1 I:J.. t. ,0 ')... ~ :,,111/ TOTAL 38,831.00 1~, (,5,.00 7tr It O~G Y\ INFRASTRUCTURE TECHNOLOGY CO!lI:liJa:~R~!Nr;, Date Type 05/14/2002 Bill 05/14/2002 Bill 06/26/2002 Bill Reference 00092938 00092939 00093063 Waypoint-Checking Original AmI. 1,224.00 600.00 38,831.00 12/5/2002 Balance Due Discount 1,224.00 600.00 18,831.00 Check Amount ~ ~~~~l~ INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. B&B Communications. Inc. Date Type Reterence (){;/2612002 Bill 00093063 ,'. ...."'.,..., ~- -,_ . r'., , . """.,,' , 'h'~'i\..V~~ j Waypoint-Checking Acct#1158 Original AmI. 38.83 \,00 11-/'0 -D'J. 11/15/2002 Balance Due Discount 33.831.00 Check .Amount 573~1 '"'<''~''<''''' ...,.....-.,,--- ".'--"""~"""""'''''~ ~ n~,..~_ 1:>,ooo,C() " ---"0" "_"~""""':-"""""""";_~_,...,.. INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. B&B Communications, Inc. Date Type Reference 06/26/2002 Bill 00093063 Waypoint~Checking Acct #1158 Original Amt. 38,831.00 !:~m.;. I 0/23/2002 Balance Due Discount 38,831.00 Check Amount 5780 Payment 1.224.00 600.00 3, \ 76.00 5,000.00 5,000.00 5734 Payment 15.000.00 15.000.00 15.000.00 5670 Payment 5,000.00 5,000.00 5,000.00 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE JOB NAME: MECHANICSBURG HIGH SCHOOL PURCHASE ORDER NUMBER: 1158 1 DUKANE STARCALL INTERCOM SYSTEM ON SITE AND INSTALLED INVOICE FOR MATERIALS DELIVERED 5/20/05 TO MARK D. 65 FD72W SPEAKERS, 55 95-8 BACKBOXES, 65 81-SR TILEBRIDGES TOTAL 00093063 06/26/02 07/26/02 PAGE 1 37,315.00 1,516.00 38,S31.00 B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER, PENNSYLVANIA 17602 (717) 295-5555 JP~@mnrul~ I1ft~~ SHIP TO: I DATE :5"clO m- I SH'PDELIVERED lOUR NO. SOLD TO: I SALESPERJH H '\ / CUSTOMER ORDER NO INFRASTRUCTURE TECHNOLOGIES A TT: MARK WESSER 507 NORTH YORK STREET. SUITE 3 INFRASTRUCTURE TECHNOLOGIES 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 7-6 m.. =:~ .. .................................. ...,)OsNAME;MECHANICSSUBGHIGI::LScHool", ..... ............. ....... ....... ..... .. ..EURCHASEQRDEBNUMBER:. ......JJ58.... ............. ~ ........::[LKAV..SAEB01J?...CUSTOM..GHIL.1 ...65. CARTONS ......55 'f2@ I TOTAL WE;~CElv~~D;~~MJ7~r~;;7 I PACKED BY PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT ............... ........... ..ATLAS.SOUND........ ......FD72W ... ...SPEAKERASSEMBLlES.. ........L.. .. .... .......ATLASSOUND .. .. .... ....95-B. ........ ........BACKBOXES . V .... .ATLASSQUND . ..81_8R .............TILEBRIDGES " .. I CHECKED 13Y ) )\ SV or-V\ 10. f.\ (.. r; tj ~ '7nc~c'n v', o . c o. r: 5 . 5 1 55. 7; n ~ ~ " L-:; ~ ') 9 8/, R .' ':, n ? s. ~ 7 ~ (, ,(, '1 . 1 ~ ~ . 1 (I <, C; ~ n n ? 0': ~ "( 0 7 ~ it 6? . 1 r) 37~~1n.t'1 .' ,',,' .-,.' 70S~Qf) 3 n 'i ~ n i:. '2 If.l, " ~ n ') 1 '2; . n ': ') 1 ~ ~ n c, ? s. y ~ r. "' ~ " "2;()-;;, '),' 1 <, " "' 1 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, FA 17055 INVOICE PURCHASE ORDER NUMBER: 1158 SITE: MECHANICSBURG HIGH SCHOOL INVOICE FOR MATERIALS DELIVERED ON 7/25/02 4 DUKANE 145-184 BACKBOXES 4 DUKANE 110-2191 COVERS 1 DUKANE 110-3639 CLOCK POWER SUPPLY LOT PRICE ON ABOVE MATERIALS Invoice *: Invoice Date: Payment Due: Terms: Net 30 TOTAL PAGE 1 00093196 08/05/02 09/04/02 561. 00 561. 00 B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER. PENNSYLVANIA 17602 (717) 295-5555 WOO@Jlro1m~ llifi~u; / CUSTOMER ORDER NO. 1I56 SHIP TO: I DATE SHIPPEe 7-;;'~--O2. I SHIPPED VIA lOUR NO. I SALESPERSON '\ SOLD TO: IY1 (:-c.."'",^/~ ."b'(j tho...... ~....I -LI L m .... ....m.m m:L mmLlm ...mmm....lmmmm . 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I , I BOB COMMUNICATIONS 971 Ranck Mill Road, Lancaster, PA 17602 717-295-5555 . 717-295-5566 FAX INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE PURCHASE ORDER NUMBER 1158 12 DUKANE 8A225 SURFACE MOUNT BACKBOXES DELIVERED 8/8/02 TOTAL 00093250 08/09/02 09/08/02 PAGE 1 230.00 230.00 B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER, PENNSYLVANIA 17602 (717) 295.5555 ~ro@fuftm~ fuft~u; r CUSTOMER OADEA NO. I DATE SHIPpeD I SH"[)EUVERED I OUR NO SOLD TO: I SALESPERj'HH '\ SHIP TO: INFRASTRUCTURE TECHNOLOGIES ATT: MARK WE55ER 507 NORTH YORK STREET, SUITE 3 INFRASTRUCTURE TECHNOLOGIES 507 NORTH YORK STREET. SUITE 3 MECHANICSBURG. PA17055 ** ...... ......mm. ...~QBNAM!;;M!;GHAN!gsBUBGHIGHSQHQQ!" ** ........ m.m. ........PQNUMBEH; .... mJJ.P~t. .....mmmmm .mm.m m........... .mJ.2. ......mm ..m moUKANEm .......aA225.. mSUBFACEMQUNTBACKBOXES :::~~~::o~Y~~~;~~1:m; - .::J?5I1iJ KEt.. ---- CARTONS I TOTAL WEIGHT I ORDER COMPLETE I BALANCE TO FOLLOW I PACKED BY I CHECKED BY ./ \. PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT 14-40 + 0-78 + 15 - 18 '" 15-18 x 25 - % 3-79 " 3-79 + U-9'7 " 18-97 x 12 - 00 = 227-64 " ~v B&J COMMUNICATIONS 971 Ranck Mill Road, Lancastor, PA 17602 717-295-5555 717-295-5566 FAX INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE PURCHASE ORDER NUMBER: 1158 JOB NAME: MECHANICSBURG HIGH SCHOOL 55 CORTELCO 220121-VBA-27F SINGLE LINE PHONES DELIVERED ON 9/4/02 TO GARY L. BARNER, FOREMAN TOTAL 00093348 09/05/02 10/05/02 PAGE 1 1,504.25 1,504.25 "', .~ B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER. PENNSYLVANIA 17602 (717) 295-5555 w~mftrot~ ILfi~u; /' CUSTOMER ORDER NO. SHIP TO: I OAT. SH'PP.Oq_y ~ I SHDELIVERED lOUR NO SOLD TO: I SALESPEjHH '\ INFRASTRUCTURE TECHNOLOGIES A TT: MARK WESSER 507 NORTH YORK STREET. SUITE 3 INFRASTRUCTURE TECHNOLOGIES 507 NORTH YORK STREET. SUITE 3 MECHANICSBURG. PA 17055 m. ...........Jo6.NAME:..M.E.cHANICS6URG.HIG.HscHoQL mm......... ** ..........m...m ..mPONUM6EB:.........m.......mJtQ~m .................... ............m...... .....m...... ** ** .......m.CORIELCO..2Z0J Zl:YBA:Z7Fm. ..........SJNGLEL!NEPHONESm ...................BECEIVEDBy:..... ........... m..PRINT...NAME.AND...I.. ..LE:.GlJ.(~..ml....'i3A01,eC:6rrH!":!1,...-;J:..Lc............. ....... 55. m ** CARTONS I TOTAL WEIGHT I ORDER COMPLEO:TE 4:'"-.' B'"ALANCE TO FOLLOW I PACKED BY I CHECKED BY ./ ~"- PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT BOB COMMUNICATIONS 971 Ranck Mill Road, Lancaster, PA 17602 717-295-5555 717-295-5566 FAX INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE INVOICE FOR INSTALLATION OF GYMNASIUM REMOTE SOUND SYSTEM AND NATATORIUM REMOTE SOUND SYSTEM LOT PRICE ON SYSTEMS TOTAL PAGE 1 00093349 09/05/02 10/05/02 14,415.00 14,415.00 o-c . r\ f0 r~YcY-~ W 7.263-71 + 5.710-06 + 12.973-77 *, hCl0 1lJu.0J fiy Lo..oo- )n~d0~ JC:.d.-r-,o 1C(\ ~ 111-L;;3oJ-oJ~~oJ 717.295.5566 FAX MECHANICSBURG HIGH SCHOOL SECTION 17100 GYMNASIUM REMOTE SOUND SYSTEM 1 Biamp 1 Sabine ,,2 Crown "1 Tascam I) VSKB . 1 Shure 4!l....1 Sennhelser t> -1 Sennheiser -1 ~iddle Atlantic -1 . Middle Atlantic 1 Mystery Electronics 1 Mystery,Electronics -6 Community -4 Teiex ,..1 Telex _1 Telex . Miscellaneous ../ Auto One GRQ-3101s CL1 CD-A630 { ~~f~8 EW 335 EW 322MP DWR24-22 FD-24 LE1008 BBLE R.5-94 ST-200 . RM-S HGA.1 t.r I DF Automatic Mixer v Feedback Exterminator ~ Power Amplifier ./ CD ICassette Combo ~ Portable Case ~ Mixer ~ Hand held Wireless Microphone System Lavalier Wireless Microphone System ..-' Equipment Cabinet ,.. Front Door v Remote Box ..-' Backbox ~ Loudspeaker System ,/' Transmitter v Rack Adaptor ___ Antenna ...- Hardware and Connectors ~ ro'~V 1~~'P BC4J COMMUNICATIONS 971 Ranck Mill Road, Lancaster, PA 17502 717-295-5555 717-295-5566 FAX MECHANICSBURG HIGH SCHOOL ~.~ SECTION 17100 ........- NATATORIUM REMOTE SOUND SYSTEM 1 Blamp 1 Sabine 1 Crown 1 Tascam 1 Sennheiser 1 Sennheiser 1 Middle Atlantic 1 Middle Atlantic 1 Mystery Electronics 1 Mystery Electronics 12 JBL Professional 1 Ie.lex 1 Telex 1 Telex Mlo One GRQ-3101s CH1 CD.A630 EW 335 EW 322MP DWR24.22 FD-24 LE1008 BBLE Control 25AV ..~2~ 1IiJM~- 'MGAi.-,g Automatic Mixer --- Feedback Exterminator v Power Amplifier <- CD ICassette Combo / Hand held Wireless Microphone System j/ Lavalier Wireless Microphone System _ Equipment Cabinet ./ Front Door ..-' Remote Box ,.. 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I DATE SHIPPED I SHDEU'VERED lOUR NO SOLD TO: I SALESPEjSHNH '\ SHIP TO: INFRASTRUCTURE TECHNOLOGIES ATT: MARK WESSER 507 NORTH YORK STREET, SUITE 3 INFRASTRUCTURE TECHNOLOGIES 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG. PA 17055 - .... ..........mJOBNAME;M.ECHANICSBU.BGH.IGH..SCHOQL........ ....mm..........PQNUMBEB:....JJ58mmmm ...................m55....... .....mm........m.........COBTELCO........mm ...............m220121"VBA~27F ........................m..SINGLE..L1NE...PHQNES....... .. ... ......m.... RECEIVEDBY:mll;J;~m ...m..................mmm.. ~~I~~~~/:~~~~~:~~;:;;Zf?~;;.......m -ct.R'IONS I TOTAL WEIGHT I ORDER COMPLETE I BALANCE TO FOLLOW I PACKED BY I CHECKED BY ) \.. PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 910 NORTH SECOND STREET HARRISBURG, PA 17102 BBJ COMMUNICATIONS 971 Ranck Mill Road, Lancaster, PA 17602 717-295-5555 717-295-5566 FAX Invoice #: Invoice Date: payment Due: Terms: Net 30 INVOICE PURCHASE ORDERNUMBER: 1158 JOB NAME: MECHANICSBURG HIGH SCHOOL INVOICE FOR CHANGE ORDER REGARDING SOUNDOLIER RACKS PER OUR REQUEST OF 1/21/02 TOTAL 00093599 10/30/02 11/29/02 PAGE 1 260,00 260.00 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 910 NORTH SECOND STREET HARRISBURG, PA 17102 BCB COMMUNICATIONS 971 Ranck Mill Road, Lancaster, PA 17602 717-295-5555 717-295-5566 FAX Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE PO#1158 JOB NAME: MECHANICSBURG HIGH SCHOOL MATERIALS DELIVERED AND INSTALLED TO DATE ON ABOVE PROJECT NOT INCLUDING AUDITORIUM EQUIPMENT AND TV EQUIPMENT LABOR TO DATE TOTAL 00093598 10/30/02 11/29/02 PAGE 1 24,494.50 16,537.50 41,032.00 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 910 NORTH SECOND STREET HARRISBURG, PA 17102 BOB COMMUNICATIONS 971 Ranck Mill Road, Lancaster, PA 17602 717-295-5555 717-295-5566 FAX Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE SITE: MECHANICSBURG HIGH SCHOOL PURCHASE ORDER NUMBER: 1158 MATERIALS AND LABOR INSTALLED FOR THE AUDITORIUM AND TV DISTRIBUTION SYSTEMS TOTAL PAGE 1 00096395 11/29/02 12/29/02 27,064.92 27,064.92 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 910 NORTH SECOND STREET HARRISBURG, PA 17102 B&B COMMUNICATIONS 971 Ranck Mill Road. Lancaster, PA 17602 717 -295-5555 717-295-5566 FAX Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE PURCHASE ORDER 1158 JOB: MECHANICS BURG HIGH SCHOOL CONTRACT AMOUNT AFTER CHANGES AND CREDITS $ 194,505.00 TOTAL INVOICED TO PO 1158 TO DATE $188,677.65 FINAL INVOICE FOR BALANCE OF CONTRACT TOTAL 00096413 12/10/02 01/09/03 PAGE 1 5,827.35 5,827.35 ). .f o. c 121,140-23 + /1,400'00 + ,15,110'00 + ...600'00 + ,38,831-00 + '561'00 + ,5,625'00 + _19,L,OO-00 + -230'00 + ,.1,504'25 + /14.415'00 + ,1.504'25 + .1;1,032'00 + " 260'00 + ...27.064-92 + 015 .r 188 . 677 - 65' /' ~ ~ ~I. 3) I I q LI 705"". ~o Exhibit E UJ --' <Xl ~ UJ o UJ 0:: (fl I- Z ~ ::l Q) o ~ 0-'; o ::J <l:0 '" ::J N (fl ~ o '" .$ o z c: Q) a. o Q) o c: '" ro <Xl ro 15 I- Q) o '0 ,. E "'''' 00 , , C!)C!) ~ , ,'" It) ~ -0-0 ,. ,. o 0 0::0:: zzzzzzz UJUJUJUJUJUJUJ CLCLCLCLCLCLCL 0000000 I 00"""00 Oovoo dcir--.:<<:icO fh~o)O(l") "''''''' T""~~69- Y> 0001.0 000('1') Ilicciui""'; C"'>QT""f'., 0) C"') to COA -r~fh~.,.... 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UJ 1ii 8 ~ 0 a- I- 0 U :c 0 en z Page: 1 011 Date: 915/2002 To : B & B COMMUNICATIONS Attn:TODD Phone: 295-5555 Fax: 295.5566 1039 SOUTH 13TH STREET HARRISBURG, PA 17104 Phone: 717.~~8-7303 Fox: 717.238-7118 Project Name: 4 LINE PHONE Graybar Project #: 23-01925071 Reference: Quoted Date: 915/2002 Quotation Expires In : 30 DAYS Graybar Contact: JAMES MOORE Email: James.L.Moore@gb...com I..IT~_.._~_ Proposal We Appreciate Your Inquiry And Take Pleasure In Responding A$ Follows: SUPPLIER CATA~OG# DeSCRIPTION CD UNIT PRice "TO::rALI "~_---' .__.,' .0__..- Miscellaneous Section 1 ATT.pe 064 4lN SPEAKeR PHONe a. N 170,00 ~ DIGITAL ANSWERING Miscellaneous Sub.total: 170.00 17D.OO TOTAL: 170.00 G~l~ N.il~.l!JS.:tl!'\;dl FOB: Shipping point unless noted. Delivery: STOCK GRAYBAR SIGNED: /' 2}Y. j()/M Vt-(~ www.G~AYBAR.com 7.4 HOUR EMERGENCY PHONE II :1-i100-GRAYBAR * ~ Taxable Items Graybar Electrio Company's Standard Terrt'lS and Conditions of Sale Apply-Terms 3na Conditions are AValla.ble Upon Rcque~l VISA DISCOVER MASTER CARD . ^MI:HICA~ EXPRE:lS] C:O/IO 'd 8ILL8SC:L IL 'ON X\1:J OIHI0313 H\18A\1HD W\1 10:11 OHl C:0-90-d3S --~~.---...,~,".._^. Corded Telephones Mulli-Line Telephones AT&T Four-Line Intercom Sp"Jkerphonc 954 AT&T FO\Jr-Linc Intercom Sp(,ilkerphollc 955 with C"iler In/Cail Waiting AT&T Four-Line IIl\L'rCOm Spe,Ikcrphollt 964 with Caller lD and Digital Answering SyslClII ,j..1, ....:2,...i:'lt.vJ <" .:-,,,., " Till' 9S~ l.. Wl11fl.\lihli.: II-llh 1111: rn\lmvill~ AnT Mllllj.linc ~~I<:ll'~: a.u, IlH,lllldSS1. The 'I~;S I~ ''UI\ip,J'I\ll~ wiUl other .,~ S, 11M 411(/ '194 Sy~t(::m Sct~. The ~5S i~ nul mmp~11bh' witlllhe L\.I(l'nIIAT&lllil. an s,~ .,ml '.154 t\'lultl-l.il1t' S\',L~I\h. 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OHl cO-SO-d3S INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 910 NORTH SECOND STREET HARRISBURG, PA 17102 BOB COMMUNICATIONS 971 Ranck Milt Road, Lancaster, PA 17602 717-295-5555 717-295-5566 FAX Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE INVOICE FOR DAMAGED PARTS THAT WERE REPLACED ON THE NEC AMERICA TELEPHONE SYSTEM AT MECHANICSBURG HIGH SCHOOL BECAUSE OF WATER DAMAGE THAT WOULD ALLOW THE TELEPHONE SYSTEM TO CONTINUE TO BE USED . 1 NEC AMERICA 24 PORT STATION CARD 1 RING GENERATOR LABOR TO SERVICE SYSTEM 00093436 09/24/02 10/24/02 PAGE 1 LOT PRICE 1,935.00 TOTAL 1,935.00 INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 910 NORTH SECOND STREET HARRISBURG, PA 17102 Invoice #: Invoice Date: Payment Due: Terms: Net 30 1000 FT DUKANE ORDERED BY GARRY HIGH SCHOOL. INVOICE 176-499 CLOCK WIRE ON 9/18/02 FOR MECHANICS BURG THIS WIRE IS NOT PART OF CONTRACT. TOTAL 00093483 10/07/02 11/06/02 PAGE 1 306.00 306.00 B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER, PENNSYLVANIA 17602 (717) 295-5555 W~@fufiillf!S JLfi~UJ r CUSTOMEA ORDER NO I DATE SHIPPED I SHDELIVERED lOUR 9/18/02 SOLD TO: I SALESPEjHH " SHIP TO: INFRASTRUCTURE TECHNOLOGIES ATT: GARY 507 NORTH YORK STREET, SUITE 3 INFRASTRUCTURE TECHNOLOGIES 507 NORTH YORK STREET, SUITE 3 MECHANICSBURG, PA 17055 ** ..ww......................................JOBNAME:.....MECHANICSBURGHJGHSCHOQL.......... ** . . ....ww ..ww PO NUMBEB:w ............ .... .w.1000.FT... 'w .OUKANE....... '. ..............176::.4.9.9...... ... .......CLOCK.WIRE....... ** .. .ww..w..wwwwHECEIVEDBY~~~www.........w......wwwwwww ** .PRINTNAMEANOIIILE:........GI2.'f~........L,....I3:t:<,tlJ..gr..::..~.-f},yJ14J1.......~1..c.......... ww. ,www",w,wctwww .............................1<........lJe.l.~~q......b.~....... I OROER COMP'ETE I BACANCE TO FO"OW I PACKED BY ~ I CHECKEO BY CARTONS I TOTAL WEIGHT / \. PLEASE NOTIFY US IMMEDIATELY IF ERROR 1$ FOUND IN SHIPMENT N ~ 0 a: ZI ~ '" GI 11 0 ". ~ 0 1r0 ~ Ww -'" ~~ () ~ ~8 :: '^ >-, ~ .!: ~ !filii {? m ~ ~8 i8 ~ liit:: I '" ::JZ 1 u::J f Iii ill i GI 0 ~ .!! (,~ u ii: ~ a:: ti .c ::J ~ 0 0 c -, 'c. c ~ c .9 0 0 ~ !! -'" fj C/l ~ fj If .. l[ GI ~ c " E U 0 ii: I -'" .9 Z J! a. g III .c c .!! " 0 8 ~ lu 0 -, Z Z .. ~ Q - .~ b: ~ ~ ( ~ v {? ~ w v , 0 :J J w 0 0 ~ W ~ UJ ~ .. ~ ~ ~:;;-. a td i E a. Gi 0 ~ ,~~ ~ w c ud r" a 15 E ::E GI - ii: ~ i= ". ~ ci i! Z Gi " to ::J I 0 ~ E .9 ~ '- .9 ::::l 1. III a. '\: " :.c: ~ .>l. 0 C/l ~ I I 0 J a 81 tii '"'"'-.. III I- ('i I- GI Z <l , >-1 u. , H ,=b ::E 0:> c1. ::E i:i. 8 N ,g <:r ~ iii I ..5: (( ill E 0 E III ~ iIi .9 ~ en ~ 0 c I en 1;; III 'tl i- It 'c. ~ 8 ~ 0 0- 0 (j :.c: 0 en Z INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 910 NORTH SECOND STREET HARRISBURG, PA 17102 BCB COMMUNICATIONS 971 Ranck Mill Road, Lancaster, PA 17602 717.295-5555 717-295-5566 FAX Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE JOB: MECHANICSBURG ADDITIONAL MATERIALS PER PO# 01410 TOTAL 00093674 11/25/02 12/25/02 PAGE 1 615.00 615.00 B & B COMMUNICATIONS INC. 971 RANCK MILL ROAD LANCASTER. PENNSYLVANIA 17602 (717) 295.5555 W~@fufiDil~ JLfi~~ r CUSTOMER ORDER NO. I DATE SHIPPED I S"DELIVERED lOUR NtO/03/02 SOLD TO: ~ HHSPERSON '\ SHIP TO: INFRASTRUCTURE TECHNOLOGIES ATT: MATT GARY 507 NORTH YORK STREET, SUITE 3 INFRASTRUCTURE TECHNOLOGIES 507 NORTH YORK STREET. SUITE 3 MECHANICSBURG. PA 17055 .. In:n~ ",,-'1!J.~ **m............ ............JOsNAME:MEGHANlcsSUBGJ::lIGHSGHOO!.. ** m.' .... mmmmm PONUMSEB:mJ410m ..mm6 ...mmm.mmmATLASSOUNDmAPX20IN ..HORNs .mmm.. ~ ....................mmAILAQ5:~. "'''=,I;1O,uo, nACK M~.:..,~..:.,LCNUATOBt-........m ... .~. ..... .=:,,~:~~~~~&t<>Ll..;u.~t:C'TPR". ** mmm.....................PRINTNAMEANDIITLE:~il;tj., .~1'IJli?{' ....bt~I41a.Kl. CARTONS I TOTAL WEIGHT I ORDER COMPLETE I BALANCE TO FOLLOW I PACKED BY I CHECKED BY ./ '- PLEASE NOTIFY US IMMEDIATELY IF ERROR IS FOUND IN SHIPMENT 0 I "C" ~ z I QI 11 0 ..>( ~ 0 0::0 ~ .c Ww <l 0 ~~ <l , ! ~ ~8 (~ ~I ~ . ~ 0 .5 <5 ~ \'\ ~ ffit; m oil o .J ~ ~8 m ;:: ,~" li;t:: I - ::t ;:)z o ~ u;:) ill 11 ~ t; QI ~ QI 0 ir u -c ~ 0:: .0 0 ~ ;:) Do .., c 0 'Co c .9 0 r:: ~ ~ 0 - .c III Y! iD ~ ~ ~I iD rf. '- 1:. ~ r:: . QI ~ 0 .:t. i E U .c l;j i z J! Q, ~ .0 r:: QI V Iii " 0 8 'i <l 0 .., .... -.) z ~ i ~ z ~ .~ Q VI ? Ii: :2 , ~ \, 0 ii!: i: 0 ') ~ u J II) m W i8 Q ::J I w l2 Q ~ a ~ ~ UJ .. ~ UJ ~~ a ~ 0 E Q, ~ 0:: =:l ., UJ i ;:) ~ ~ ~ S il E ~ r:: I- ~ i= QI ~ .>,. ci 0: ..>( ~ " .... ~ ~ '/... 1-- z ., 0 III ;:) I E S ~ ~ '" "t: ~ tl Q, ::J " :<: ~ r OJ (/) I Q <-I .. 8 ~ Ii ., I z l:l >-1 UJ V'\ :::ii l"\ ~~ , ~ a. - 8 N .$! 0 -= II: "- '" ~ j 0 ., iIi Do ~ (/) E .. r:: iIi ~ ~ (f) ~ ,j -...-.. ~ 'Co ~ 'U ~ 0 1;; <3 ~ 0 :<: 0 a 0 (f) z : :/0.1/2002 1.3;02 F.U 7176972499 ITC INC INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. 507 North York Street, Suite 3 Mechanicsburg, PA 17055 Phone 717-697-2416 Fax 717-697-2499 ORDERED b 4 B c... C>rl'Ir1\l1!\,c.. q.r,-CYt\ ~ FROM DATE I4i 002 PURCHASE ORDER 01410 /e>/:i/o'J-, SHIP TO (SAME A$ABOVE UNl.E$$ OlliERWJSE NOTED) fYl€.O'\otl:<.bu'5 11:1' Sc'~oo I PLEASE ENTER OUR ORDER IN ACCORDANCE WITH PRICES, DELIVERY AND SPECIFICATIONS GIVEN. DATE REQUIRED , QUANTITY ORVERED RI!c:EWEI:!:: 6 r 6 ACKNOWLEOGE OROER IMMEDIATELY AND IF ANY ITEM CANNOT BE SHIPPED PROMPTLY, NOTIFY us, SHIP VIA (CHE.APf5TWAY UNLESS OTHEJ:IWfSE SPECIFIED) IF.O,B. . DESCRIPTION J11"/ Q.5 Sot.lt1d t1tfo.S 50vnJ fJt"'~ X><M4 ~f)(i).l:>1'j} /lrt o~ f..(11, 11 r 'SS" K.Y'\ !..-4><r>,- to <XJnn-c.d dn,j It<7<jTDJ"'1 p~;Il'j tJt.J.IM ilolli""~ corrtfO! ;j~ Ill-m~ c..q[Jf{,) I IPPD. COLL ITERMS_ _ J UNII PRICE .l.MO'JNT I BY ~ () _.J A~S~NATURE f6lS".fX; lv/0.J/2002 13:02 FAX 7176972499 ITC l:'lC I4J 001 FAX: (717)- 232-8070 PHONE: (717)-232-7882 Fax To, John Hykes "rom: Matt Seymore Fax, 295-5566 Pages: 2 Phone, Date, 10/03/02 Re' P.O. for MAHS CC, o Urgent o For Review 0 Plea.... ComllHHlt 0 Please Reply 0 Please Rec;yclo. . BCB COMMUNICATIONS 971 Ranck Mill Road, Lancaster, PA 17602 717-295-5555 717.295-5566 FAX IFAX TRANSMITTAL IJuly 16, 2002 NUMBER OF PAGES INCLUDING COVER: 1 TO: Jol'ln K..~~~rr.-- j'Y/~ ITC TELEPHONE: 717-697-2416 :;232. 'SO?D FAX: 717-687' 2...9~ I FROM: JOHN H. HYKES FAX: 717-295-5566 RE: MECHANICSBURG HIGH SCHOOL John, The following are the prices you requested. 6 Atlas Sound APX20TN 1 Atlas Sound AT100RM 6 Atlas Sound AT35RM * Labor to connect and program Total Add Paging Horns Volume control Volume control $615.00 Note: Price includes Volume controls mounted at main rack for adjusting outside horn volume. Price does not include wire or the installation of wire or horns. 1 Dukane $21.25ea 8A225 Digital Clock Surface Enclosure Above price is for material only. IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL ME. JOHN H. HYKES. 717.295-5555 I I I INFRASTRUCTURE TECHNOLOGIES ACCOUNTS PAYABLE 910 NORTH SECOND STREET HARRISBURG, PA 17102 BOB COMMUNICATIONS 971 Ranck Mill Road, Lancaster, PA 176D2 717-295-5555 717-295-5566 FAX Invoice #: Invoice Date: Payment Due: Terms: Net 30 INVOICE PO NUMBER 01456 JOB: MECHANICSBURG HIGH SCHOOL 1 PLENUM CLOCK CABLE 2 24D20A 2" DIGITAL CLOCKS 6 24D40 4" DIGITAL CLOCKS 3 CLOCK PLATES 1 FREIGHT AND HANDLING CHARGES TOTAL 00096412 12/10/02 01/09/03 PAGE 1 306.00 234.00 928.50 113.85 95.00 1,677.35 Exhibit F Inv # 92441 92675 92678 92939 93263 93196 93229 93238 93250 93348 93349 93417 93599 93598 96395 96413 PO# 1158 Change Credit ---tnvoice Total Balance Open N" ~s or Status I $21,140,231 $1,400,00 $15,110.00 $600.00 $38,831.00 I ACCOUNT ~T A TEMENI_,_ I Customer Items For MHS in Contract and Chan es Infrastructure Technologies/Mech HS 1 Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS Infrastructure Technologies/Mech HS I Totals I i All above invoices on PO# 1158 $561.001 $5,625.00 $19,400.00 $230.00 $1,504.25 $14,415.00 $1,504.25 $260.00 $41,032.00 $27,064.921 $5,827.35 $194,505.00 PO Amount $205,985.00 $260.00 -$11,740.00 $194,505.00 J--- $0.001 _ Rcvd.5-16-02 $0.00 Rcvd.7-19-02 $0.00 Rcvd.7-19-02 $0.00 Rcvd. 12-6-02 $0.00 10-28-02 Rcvd. $5,000.00 11 19-02 Rcvd. $15,000.00 12- 06-02 Rcvd. $3,176.00, 01/03/02Rcvd $5,000.00, 3/17/03Rcvd $10,655 Rcvd.3/17/03 Rcvd.3/17/03 Rcvd. 3/17/03 Rcvd. 3/17/03 Rcvd. 3/17/03 Rcvd. 3/17/03 $727.31 OPEN OPEN Change Order 2/19/02 OPEN OPEN OPEN $0.00 $0.00 $0.00 $0.00 $0.00 $13,687.69 $1,504.251 $260.00 $41,032.00 $27,064.92 $5,827.35 $89,376.21 $1,836.00 $0.00 $1,224.00 $0.00 $1,297.44 $0.00 $306.00 $306.00 $238.00 $238.00 $1,935.00 $1,935.00 $306LOO $306.00 $615.00 $615.00 $1,6ij.35 $1,677.351 $9,434.79 I $194,505.00 $9,434.79 -$109,486.23 $94,453.56 Page 1 Rcvd. 5-16-02 --- Rcvd. 12-6-02 Rcvd. 3/17/03 OPEN OPEN OPEN OPEN OPEN OPEN To B&B From ITC To B&B From ITC To ITC From B&B Total Revised Contract 1 Iltems For MHS Outside Contract 92437 Infrastructure T echnologies/Mech HS 92938 Infrastructure Technologies/Mech HS 93144 Infrastructure Technologies/Mech HS 93418 Infrastructure Technologies/Mech HS 93419 ,Infrastructure Technologies/Mech HS 93436 Infrastructure T echnologies/Mech HS ---.J3483 Infrastructure Technologies/Mech HS 93674 I Infrastructure T echnologies/Mech HS _.JJ~~ I~frastructure Technologies/Mech HS I Totals I IAII Above Invoices for work at Mechanicsburh High School but not in contract Total Contract Invoices Total Non-Contract Invoices Total Paid to Date [Total Due To 8&8 Communications I $5,077.35 Exhibit G ITr " <jft INFRASTRUCTURE TeCHNOLOQV CONTRACTORS. INC. October 24, 2002 B&B Communications 971 Ranck Mill Road Lancaster, Pa 17602 Dear: John, As per our conversation on the telephone, we have been experiencing some difficulties lately in collecting our accounts receivable and unfortunately it has affected our ability to make payments to our vendors on a timely basis. I have evaluated our financial situation and in fairness to all of our creditors, I have prepared a realistic budget and have developed a debt repayment program, which suggest that I can send you $5,000 per month with no interest in order to satisfy this obligation. I am enclosing a check for $5,000 as a sign of good faith. Should our monthly cash position improve due to our collection effort, we can review our current payment options. Please let me hear from you regarding the proposal I have outlined. Thank you for your patience and understanding in this regrettable situation. J/~A/~ Max McGee Controller Cc: David A. Brinjac ) -._~~,~--,~,_.'"--,- Exhibit H OCT-09-2002 08:51 T9AUELERS BOND/PHILA. 151096505447 f-'.U'I/1d CONTRACTOR LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That UIFRAS1"llUCT\JRE TECHNOLOGY CONTRACTORS, INC., 507 NORTH YORK STREET. (insert name and address of Contractor) JllTE 3, MECIlANICSBITRG, PA ' 17055 as Principal, hereinafter called "Principal," and TRAVELERS CASUALTY AND SURETY COMPANY 01' AMERICA ONE TOYER SQUAR~. ~TFORD. CT 06183 (insert the legal title of Surety) as 5urety, hereinafter called "Surety," are held and firmly bound unto the Mechanicsburg Area School District, Commonwealth of Pennsylvania as the owner Obligee ("the Obligee'1, for use and benefit of claimants as herein below defined, in the amount of SIX RUNDJU:D NINETY ....I!;iOUS/lND SEVEN HI11lDRI>D SEVEllI'Y-----------00/100 Dollars ($ 690,770_00 l. for the payment whereof Principal and Surety, jointly and severally, bind themselves, their heirs, eXllcutors, administrators, successors and assigns to the Obligee to pay for performance of the C01tract, and firmly by tnese presents. WITNESSETH THAT: WHEREAS, Principal has, by written agreement dated entered into a Contract with Obligee for the Additions and Renovations to the Mechanicsburg Area Se"ior High School, Mechanicsburg, Cumberland County, Pennsylvania, in accordance with drclwings and specifications prepared by Crabtree, Rohrbaugh & AsSOCiates of Harrisburg, Pa., which Contract is by reference made a part hereof, and is hereinafter referred to as "the Contract;" WHEREAS, the Obligee is a "contracting body" under provisions of Act No. 385 of the Ge neral Assembly of the Commonwealth of Pennsylvania, approved by the Governor on Me,chanicsburg Area Senior High School CF:.A Project No. 1575 00601-1 OCT-09-2002 08:52 TQAUELERS BOND/PHI LA. 15103bO,l6b44'1 ",.Ut;/l" December 20, 1967, and known as and cited as the "Public Works Conlractors' Bond Law of 1967" (the "Act"); WHEREAS, the Act, In Section 3 (a), requires that, before an award shall be made to the Principal by the Obligee, the Principal shall furnish this Bond to the Obligee, with this Bond to become binding upon the award of a Contract to the PrinCipal by the Obligee in accordance with the Contract; and WHEREAS, it is also a condition of the Contract that this Bond shall be furnished by the Principal to the Obligee. NOW, THEREFORE, THE CON DillON OF THIS OBLIGATION is such that if the Principal and any subcontractor of the Principal to whom any portion of the work under the Agreement shall be subcontracted, and if all assignees of the Principal and of any such subcontractor, shall promptly make payment 10 all claimants as hereinafter defined, for all labor and material uSI~d or reasonably required for use in the performance of the Contract, including any amendment, extension or addition to the Contract, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect This Bond, as provided by the Act, shall be solely for the protection of claimants supplying labor or materials to the Principal or to any subcontractor of the Principal in the prosecution of the work covered by the Contract, including any amendments, extensions or additions to the Contract, and is conditioned for the prompt payment of all such materials furnished and labor supplied or performed in the prosecution of the work. The term "Claimant," when used herein and as required by the Act, shall include entities furnishing materials and labor for the project, and public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the Mechanicsburg Area Senior High School eRA Project No, 1575 00601-2 OCT-09-2002 08:52 TRAUELERS BOND/PHILA. 1bW%~Ub44'1 1-""'''/1" worl, covered by the Contrac\. As required by the Ad, the provisions of this Bond shall be app icable whether or not the material furnished or labor performed enters into and becomes a corrlponent part 01 Ihe public building, public work or public improvement contemplated by the Corltrac:t As required and provided by the Act, the Principal and the Surety agree that any Claimant, who has perfomled labor or lurnished material in the prosecution of the work in accordance with the Contract, including any amendments, extensions or additions 10 the Co ,tract, and who has nol been paid therefor, in full, before the expiration of ninety (90) days aftl,r the day on which claimant performed the last of such labor cr furnished the last or such mElterials for which payment is claimed, may institute an action upon this Bond, in the name of thrl claimant. in assumpsit. to recover any amounl due the daimant for such labor or material. and may prosecute such action to final judgment and may have executIon upon the judgment, pr)vided, however that: (a) any Claimi31nt who ha!:l a direct contractual relationship with any subcontractor of the Principal, but has t'lo contractual relationship, express or implied, with such Principal may bring an aclion on the payment bond only if such Claimant first shall have given wntten notice, served in the manner provided in the Act, to the Principal within nlnaty (gO) days from tha date upon which such Claimant performed the lest of the labor or furnished the last of lI1e materials lor which payment Is claimed, stating with substantial accuracy, the amount claimed and the name of the parson for whom the work was performed or to whom the material was furnished, provided however thaI in the event of the bankruptcy of the Principal, this requirement of notice shall be excused and notice may be given instead directly to the Surety; (b) no adion upon this Bond shall be commenced after tha expiration of one (1) year from the day upon which the last of the labor was performed or material was supplied, lor the payment of which such action is instituted by the Claimant; (e) every action upon this Bond shall be instituted either in the court of the County where the project under the Contract Is to be performed, or in the Unned Stale District Court for the district in which the project. or any part thereof, is situated, and not E~lsewhere: and I~echanicsburg Area S"oior High School ':RA Projed No, 1575 00601 -3 OCT-09-2002 08:52 TRAVELERS BOND/~HILH. lbl~~b~Ub44( ~.~~/~~ " ~ o. (d) the Obligee shall not be liable for the payment of any interest, costs, expenses or attorneys fees of any such suil. This Bond is executed and delivered under and subject to the Act to which reference hereby is made_ The Principal and Surely agree that any alterations, changes and/or additions to the Contract, and/or any alterations, changes and/or additions to the work to be performed under the Contract, and/or any giving by the Obligee of any extensions of time for the performance of the project work in accordance with the Contract, and or any other act of forbearance of either the Principal or the Obligee toward the other with respect to the Contract, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns. from Iiabilily and obligations under this Bond; and ttle Surety, for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage. \ \: Mechanicsburg Area Senior High School CRA Project No. 1575 00601--4 " OCT-09-2002 08:52 T9AUELERS BOND/PHILA. Ibll::l'jb::>l::::Jb4.~:U 1-'.11/.L~ IN WITNESS WHEREOF, the Principal and the Surety cause this Bond to be signed and se .led this ] 3T1l day of JUNE ,200 1. INFRASTRUCTURE TECHNOLOGY (Principal) CONTRACTORS. [Seal] INC. Witness/Attest: By: (Signature and Title) Witness/Attest: (Signature and Title) TRAVELERS CASUALTY AMP SlTRtTy COMl'lUIY OF AMERIC;A {Surelyr [Seal] lM~ By: BETH A. BEAHER - UITNESS (Signature and Title) JAMES R. GOULD - ATTORNEY IN FACT Attorney-in-Fact Certification - The undersigned altomey-in-fact by executing this Payment Bond certifies that he/she is Iiclinsed with the company named as Surety for this bond by the Pennsylvania Insurance Department and that to the best of his/her knowledge the said Surety is licensed with the Pennsylvania Insurance Department. Me:nanicsburg Area Senior High School CR'" Project No. 1575 00601-5 / / OCT-09-2002 08:53 TRAUELERS BOND/PHILA. lbltd'.::lbJ\::::Jb44'( t-'. 1.::::/ l~ ".-:-' ~ GENERAL INSTRUCTIONS: Please sign Where indicated. If Corporation, sign by President or Vice-President and attest by Secretary or Treasurer. Affix Seal. If Partnership, sign by each partner and witness signature of each partner. If Individual. sign by proprietor and witness, Indicate Surely company, sign by attorney-in-fact (PA Ucensed Resident Agent Only), obtain witness signature, and affix Surety company's seal. Attach Power of Attomey, with embossed seal, to this page. Mechanicsburg Area Senior High School CRA Project No. 1575 00601-6 TOTAL P. 12 EXIBIT I COMMUNICATIONS 971 Ranck Mill Road. Lancaster, PA 17602 717-295-5555 June 4, 2004 Mike Urion Travelers Insurance 1500 Market Street Suite 2900 West Tower Philadelphia, PA 19102 267-675-3098 267-675-3107Fax Mr. Urion Please fax a copy of the payment and performance bond immediately for the Mechanicsburg Area High School project. Bond No: Principal: Obligee: 057SB 1 03333689BCM Infrastructure Technology Contractors Mechanicsburg Area School District Fax To: 717-295-5566 Any questions regarding this request may be addressed to John H. Hykes @ 717-295-5555 ards, )Jl~ ohn H. Hykes B&B Communications EXIBIT J BOB COMMUNICATIONS 12/10/02 Mike Urion 'Travelers Insurance 1500 Market Street Suite 2900 West Tower Philadelphia, P A 19WZ 267-675-3098 267.:675-3107Fax 971 Ranck Mill Road, Lancaster, PA 17602 717-295-5555 717-295-5566 FAX Mike, Per our telephone conversation and the fax I sent you here is a letter notifying you that we intend to assert a claim on bond number 103333689. This bond is for the Mechanicsburg High School and the contractor we are working for is Infrastructure Technology Contracting Inc. Attached to this letter you will find a copy of our Purchase order, invoices, change orders, adds and payment history. Also attached is a letter from lTC, after many attempts to collect, stating that they will try to pay $5,000.00 per month, I immediately informed Mr, Max McGee that this was not acceptable, and they have not come up with any substantial payments. As far as the project goes we are complete with the contracted work and have a small amount of Additional materials that are on back order, I will include a detail of this as well, As you can see by the attached documents we have given lIC plenty of opportunity to get current but they have claimed that they have no cash. According to the architect they have been receiving payments when applied for but B&B Communications as a sub have not been getting paid for our equipment or services. Also take note to the amount of time it has taken to receive what payments have been made, ITC's inability to make timely payments is putting undue stress on our cash flow and I will appreciate any help' we Can get. This situlrtion is making it difficaIt for B&B Communications to do business and we are anxious to get this behind us. Respectfully Submitted, n -/!i ;0--- ~ Hykes EXIBIT K ,I, v' ~lt :) ~ cSt Travelers1 1500 Market Street Suite 2900 Philadelphia, P A 19102 Michael Urion lond Claim Representative Travelers Bond Phone' (267) 675-3098 Fox.' (267) 675-3102 E-mail: Mike.SUrion@1rave/ers.com January 3, 2003 B&B Communications 971 Ranck Mill Road Lancaster, PA 17602 ATTN: John H. Hvkes Re: Our File No.: Bond No,: Principal: Obligee: Project: Travelers Cas. & Surety Co, of America 092SCT0203397NR 057SBI03333689BCM Infrastructure Technology Contractors Mechanicsburg Area School District Mechanicsburg Area Senior H.S, Dear Mr. Hykes: This will acknowledge receipt of your recent correspondence and shall also serve as a formal follow up to our telephone conversation of this date. You have alleged that B&B Communications is owed more than $130,000.00 for labor and/or materials supplied on the Mechanicsburg Area Senior H.S. project. It is Travelers understanding that B&B Communications is currently in receipt of a $5.000,00 check from ITC. ' It is Travelers' further understanding that B&B Communications will accept and cash this check with the understanding that it serves only as a payment towards the open invoice that is stated on the check. B&B Communications has advised Travelers that their cashing of this check is in no way to be construed to be a full and final settlement of B&B Communications' respective claim or that B&B Communications has agreed to enter into lTC's previously proposed, and subsequently rejected $5,000.00 a month settlement offer. In order to facilitate our independent investigation of the claim, we request that you provide copies of documentation supporting the claim to the extent said documentation has not been previously submitted. At a minimum, the documentation should include the following items: I. Copy of the subcontract and/or purchase order along with any modifications or approved changes to said agreements; 2, Invoices and signed delivery receipts; 3. A statement of account; 4, Copies of all correspondence. between B&B Communications and Infrastructure Technology Contractors or others relating to this claim, C~I Travelers B&B Communications January 3, 2003 Page 2 5. Copies of all notices, statutory or otherwise, which B&B Communications has furnished or served upon any person, agency or entity regarding this claim, including, without limitation, liens, and notices of claim, demands or legal proceedings. Although we expect that the above listed items will provide us with valuable information regarding the claim, our inquiry is not limited to those items. Our purpose in requesting information from you is to develop a complete understanding of the circumstances surrounding the claim. As such, if other information or docwnents exist which you feel would assist our evaluation of the claim; we ask that you furnish that information as well. In the interim, we will correspond with Infrastructure Technology Contractors to gain an understanding of their position. Enclosed herewith is an Affidavit of Claim form which we reqnest that you complete and return to us along with any documents not previously submitted. Please be advised that our providing this Affidavit of Claim form does not constitute a decision on the merits of the claim. This correspondence and all prior or subsequent conununications and/or investigative efforts are made with the express reservation of all rights and defenses which Travelers or Infrastructure Technology Contractors has or may have at law, equity or under the terms and provisions of the bond and contract documents. This reservation includes, without limitation, defenses which may be available under any applicable notice and suit limitation provisions, Subject to this strict and continuing reservation, we look forward to hearing from you. Enclosure cc: INSURANCE & SURETY INC-Attn: Ed James, via facsimile: 7 I 7-737-7062 Infrastructure Technology Contractors-Attn: Max McGee Mark Bowes-Phila. Branch, via facsimile: 610-650-6446 File C'] EXIBIT L ...".-.-....,'.-.-... .'"._-,-,. "-, APR-01-2003 17:28 RELIANCE SURETY HO CLRIMS 215 854 1010 P.03/03 INFRASTRUCTURE TCeMN~~~~Y C~N"1'~Ae"CP;!). INC. MlII'th 24, 2003 Mr. Michael Urion Ttavelers Swety I SOO market Street Suite 2900 Philadelphia, Pa. 19102 Roe: File No.: Bond No,: Obligee: Claimant: Project: Travelers Cas. & SwetyCo. of America 092SCT0203397NR OS7SBI03333689BCM Mechanicsburg Atea School District B & B Communications Mechanicsburg Area Senior H.S. Dear Mr. Urion lnfrastructUl'e Technology Contractors (ITC) has reviewed the correspondence attached to your letter dated March 20, 2003 from B & B Communications. ITC tespectfu1ly disagrees with Mr. John H. Hykes take on Iiql.lidated damages. The are,hitcct told us that the school district might assess liquidated damages because the project completion date was not met. B & B had not completed their work to the satisfaction of the owner. Secondly, rrc had to change CATV lines because B & B gave us the wrong we sizes. We are in the process of calculating the total dollar amount that B & B cost us in tabOt & materials to mw the proper changes. To B & B own admission, they improperly submitted the. 0 & M Manuals. They should have sent them to US so ITC has a paper trail in order to complete the pllI1Ch list. We have called the III'thitect to confinn if they teceived the manuals. To date, we have not rec~ved confinnation. ITC is worlting to finalize all backcharges and my possible delay cost that may be assessed by the district and will forward any undisputed amounts to B & B. _...~" TOTAL P. ia2 TOTAL P.03 EXIBIT M B&B COMMUNICATIONS 971 Ranck Mill Road, Lancaster, PA 17602 717-295-5555 717-295-5566 FAX IFAX TRANSMITTAL I November 4, 2003 NUMBER OF PAGES INCLUDING COVER: 3 TO: Mr. Alan Van Drew Mechanicsburg High School TELEPHONE: 717-691~ 15// FAX: 717-691-3228 I FROM: JOHN H. HYKES FAX: 717-295-5566 Alan, Here are two of the letters I have sent to Mr, Orion of the bonding company for ITC for your project. I would greatly appreciate a letter that I could forward to Travelers that states that ITC having not been paid is not a result of B&B's failure to finish the project and that they are not owed near the $73,668.56 that has yet to be paid to B&B Communications. Thank you, John H, Hykes I I I Exhibit N ~ TravelersJ 1500 Market Street Suite 2900 Philadelphia, P A 19102 . ichaeI Urian Bond Claim Representative Travelers Bond Phone.- (267) 675-3098 Fox.- (267) 675-3]02 E-mail: Michael.S. Urion@travelers.com June 4,2004 Via Facsimile to: 717-295-5566 & Regular Mail B&B Communications 971 Ranck Mill Road Lancaster, PA 17602 Attn: John Hvkes Re: Our File No.: Bond No,: Principal: Obligee: Travelers Cas. & Surety Co. of America OnSCT0203397NR 057SB 103333689BCM Infrastructure Technology Contractors Mechanicsburg Area School District Dear Mr. Hykes: Please allow this correspondence to serve as both a response to your facsimiled request and as a formal follow"up to our telephone conversation of this date. Enclosed per your request are Travelers' respective copies of both the Performance and Pavment Bonds for the above referenced project. As we discussed, only the Obligee would be in possession of the fully' executed and certified copies of the Performance and Payment Bonds for the project. As you were previously advised, Traveler received a formal response from Jeffrey Dukes of ITC regarding the assertions that were outlined in your correspondence of both March 2, 2003 and March 18, 2003. Travelers' response letter to you of April I, 2003, included a copy of Mr. Duke's March 24, 2003 response to Travelers for your review. The last conversation between you and the undersigned occurred on May 16, 2003. It was during that conversation that you advised the undersigned that you did not agree with lTC's stated position and that you had supposedly been in contact with the Business Manager of the Mechanicsburg Area School District. At the conclusion of our Mav 16, 2003 telephone conversation. it was Travelers' understanding that you, on your own, were going to attempt to complete the followinl!: 1. Obtain a letter(s) from the Business Manager and/ or the Architect that would serve to confirm that B&B Communications' work on the project 'was satisfactory and that the only allegedly known halance that was being held by the School District regarding any of B&B's possible work was $15,000.00. 2. Provide a follow-up lelter to Travelers outlining your then recent discussions with ITC and as to whether or not the School District would actually provide you with such a lelter as described in 1. C-3b Travelers Iusurauct B&B Communications June 4, 2004 Page 2 As of the date of this letter, Travelers has received no written reply and/or status from you regarding either 1 or 2 as outlined above. Therefore, pursuant to our April 1, 2003 response letter to you, Travelers will. in turn, continue to assert that Mr, Dukes has presented Travelers with what appear to be merit-based material defenses as to why ITC is unable to pay any additional sum of uncontested monies to B&B Communications. As per our telephone conversation of this date, it appears as though ITC is still not in any position to extend any consideration of B&B Communications' submitted claim, and possibly will not be until after such time that any potential exposure that ITC may have to being backcbarged and/ or assessed any liquidated damages by the Obligee are formally announced to ITe. As Mr. Dukes has affirmed, once these exposures are supposedly known and properly accounted for, that any available and uncontested amount that supposedly may be due to B&B Communications will be paid, Once again, we trust that you understand that we support ITC's position. Also, once again, it must be clearly understood that Travelers' respective assumption and continuance of this position should in no way be construed that it is one of mere convenience on our part. As we also discussed this date, it appears as though B&B Communication's respective statute of limitations regarding B&B Communications' ability to bring any action against the bond appears to have expired, Per Pennsylvania Statute 8 Public Statute Section 194 et seq., "a suit on a payment bond must be fIled within one year and ninety days after the last performance of labor and/ or the last supply of materials to the project". B&B Communications has confirmed that its last performance of labor and/ or its last supply of materials to the project occurred in December 2002. Therefore Travelers will assert that as it appears as though B&B Communications did not bring any known action on the bond either prior to or no later than March 2004 that any action being filed against the bond, at this point, would be time barred. We trust that you will understand that Travelers is unable to extend further consideration of your submitted claim. Should you or your legal representative have any questions, or information that you believe would cause Travelers to reconsider our position, I kindly ask that you please contact the undersigned immediately, Please be advised that this communication and all prior or any future communications whether they be in written or spoken form are being made under the terms of a strict and continuing reservation of all rights and defenses that either are or may become available to the surety and the principal under the bond, the contract documents and any applicable statute. C-Jl) Travelers Insurance B&B Communications June 4, 2004 Page 3 cc: Infrastructure Technology Contractors-c/o: BK Engineering Attn: Jeffrey A. Franks, President File C-3b ~\R --- Of ~, ? 'l- CY\ c/', ~ -(" -....\ <...)- uJl , r 'ifJ r::v ~ c- ('T- cl I '" "-" C' !..J' ('. 0\, '^ r-- HARMON & DAVIES, P.C, ATTORNEYS-AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 I' I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pmrnSYL VANIA CIVIL ACTION - LAW JOHN HYKES, INe. d/b/a B&B COMMUNICATIONS, Plaintiff, vs. No, 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC., and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LANCASTER ) On the I" day of July, 2004, I, Thomas R. Davies, served Defendant Travelers Casualty and Surety Company of America, an out-of-state party to the above-captioned case, at One Tower Square, Hartford, CT 06183, with a Complaint by certified mail, return receipt requested, postage prepaid, in accordance with the requirements ofPa. R,C.P. Nos. 404 and 403, The original sender's receipt and the original return receipt signed by Jeffrey L. Burrell are attached hereto as Exhibit "A." I verify that the statements in this Return of S,:rvice are true and correct. I HARMON & DAVIES, p.e, ATIORNEYS.AT.LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 If understand that false statements herein are made subje:ct to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. C;~4<??-- Thomas R. Davies Sworn and subscribed to befor~e the undersigned notary, this ~ day of -fr ,( ~ ' 2004. ~1UJ ?1J, C~ Notary Public Nolana! Seal Donna M, Allison, NoIary Public Manor Twp.. Lancaster County My CofT\lTli8Sion Expires Mar. 4, 2006 Member. pennsyNanls AssoCl8tlOO Of Notaries dma-C:\Documents and Settings\Owner\My Documenls\data\PL\B&B Cornmunicatiolls\Affidavit of SelVice re service of complaint on Travelers,wpd ru "" .JI lJ'" qJ m ru .:T Ll1 D D D U S Postal Service CERTIFIED MAIL RECEIPT (Domestic Mati Only; No Insurance Coverage Provided) O' F Fie I A Postage $ '1. S"D Certified Fee 2.30 1. 75 P""'marl< ".'" CJ Return Receipt Fee ..D (Endorsement Aequll9d) CO Restricted Delivery Fee C (Endorsement ReqUired) ru D D l'- -, _g. · F... $ 8,5 '") entTo Travelers Casualty and Surety :i/ffi:t:.p.i5iie..TCiwer.'S'qUare................'......'........'.... ci.;<.siOiO;.Zi;;~.....narEIii'i:'<1;...cr...O'6T8:r.....'................... PS Form 3800, April 2002 See Reverse for Instruction .;..----'-.,~~------,------~~.'-.~---_._--- .~~--- EXHIBIT "A" HARMON & DAVIES, p,c. ATIORNEYS-AT.LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN HYKES, INC. d/b/a B&B COMMUNICATIONS, Plaintiff, vs. No. 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC., and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the Affidavit of Return of Service upon the persons and in the matter indicated below, which service satisfies the requirements ofPa, R.C.P, No. 440: Service by First Class Mail Addressed as Follows: .Infrastructure Technology Contractors, Inc. 910 N. 2"d Street Harrisburg, PA 17101 Trave\e:rs Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Date: 1~1~-O'f HARMON & DAVIES, P.C. By:----L~ A 01.:- Thomas R. Davies, PA ID #35260 AltornllY for Plaintiff dma_C:\DocumenIS and Settillgs\Owner\My Docurnents\data\PL\B&B Communicatioru;\Certificate of Sl:rvice re Return of Service on Travelers_wpd 0 ..... c.:> s-.; = ""- f" : <-... I c= , J i r~' ., (,' Ul 1'- " ~.-> J; .- --0 ::t , ,,) )> N ~2 :;! (11 ...... POWELL, TRACHTMAN, LOGAN CARRLE,& LOMBARDO, P,c. David W. Francis 1.0. #53718 Kelly H. Decker 1.0. #84886 114 North Second Street Harrisburg, PA 17101 (717) 238.9300 FAX: (717) 238-9325 Attorneys for Travelers Cas. & Surety Co. of America JOHN H. HYKES, INC. d/b/a B&B COMMUNICA nONS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04-3 I 05 ~RASTRUCTURETECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Civil Action - Law Defendants NOTICE TO PLEAD TO: Thomas R. Davies, Esq, Harmon & Davies 2306 Columbia Avenue Lancaster, PA 19110 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN REPLY TO THE WITHIN ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU. POWELL, TRACHTMAN, LOGAN, CARRLE OMBARDO, P.C. ~ ~ By Date: July 26, 2004 avi W. Francis 1.0. #53718 114 North Second Street Harrisburg,PA 17101 (717) 238-9300 HB:51108vl 3589.03 POWELL, TRACHTMAN, LOGAN CARRLE,& LOMBARDO, P,C. David W. Francis J.D, #53718 Kelly H. Decker J.D. #84886 114 North Second Street Harrisburg, PA 17101 (717) 238.9300 FAX: (717) 238-9325 Attorneys for Defendant Travelers Casualty and Surety Company JOHN H. HYKES, INC. d/b/a B&B COMMUNICA nONS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Civil Action - Law Defendants ANSWER AND NEW MATTER OF TRAVELERS CASUALTY AND SURETY CO. OF AMERICA TO PLAINTIFF'S COMPLAINT Defendant Travelers Casualty and Surety Co, of America hereby files the within Answer and New Matter to the Complaint of John H. Hykes, Inc. d/b/a! B&B Communications as follows: I. After reasonable investigation, Defendant Travelers Casualty and Surety Co, ("Travelers") is without information sufficient to form a belief as to the truth of this averment. Accordingly, it is denied and strict proof is demanded at the time of trial. 2, Denied as stated. ITC's current business address is 1513 North Cameron Street, Harrisburg, PA 17103. 3. Admitted. HB:51098v23589.03 4 Upon information and belief it is admitted that ITe entered into a subcontract with plaintiff. The contract is a written document which speaks for itself. Any mischaracterization by plaintiff is expressly denied. It is admitted the plaintiff did not attach a copy of the executed copy. 5. After reasonable investigation, Defendant Trav,e1ers is without information sufficient to form a belief as to the truth of this averment. Accordingly, it is denied and strict proof is demanded at the time of trial. 6. After reasonable investigation, Defendant Travelers is without information sufficient to form a belief as to the truth of this averment. Accordingly, it is denied and strict proof is demanded at the time of trial. 7. Denied as a conclusion of law to which no response is required. To the extent a response is required, after reasonable investigation Travelers is presently without information sufficient to form a belief as to the truth of this averment. 8. After reasonable investigation, Defendant Travelers is without information sufficient to form a belief as to the truth of this averment. Accordingly, it is denied and strict proof is demanded at the time of trial. 9, After reasonable investigation, Defendant Travelers is without information sufficient to form a belief as to the truth of this averment. Accordingly, it is denied and strict proof is demanded at the time of trial. 10. Denied as a conclusion of law to which no response is required. To the extent a response is required, after reasonable investigation, Travelers is presently without information sufficient to form a belief as to the truth of this averment. Accordingly, it is denied. HB:51098v23589_03 2 I I. After reasonable investigation, Defendant Travelers is without infonnation sufficient to fonn a belief as to the !ruth of this averment. Accordingly, it is denied and strict proof is demanded at the time of trial. 12. Admitted upon information and belief. By way of additional answer, the October 24, 2002 letter is a written document which speaks for itself. Any mischaracterization of that letter by plaintiff is denied. 13. After reasonable investigation, Defendant Travelers is without infonnation sufficient to fonn a belief as to the truth of this averment. Accordingly, it is denied and strict proof is demanded at the time of trial. COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT ITC 14-15. These allegations are directed to a party other than Travelers. Accordingly, no responsive pleading is required, COUNT II - Violation of Commonwealth General Procurement Provisions bv ITC 16-18, These allegations are directed to a party other than Travelers, Accordingly, no responsive pleading is required. COUNT III - BOND CLAIM AGAINST DEFENDANT TRAVELERS 19. Travelers incorporates by reference the avennents of paragraphs I through 18 as if fully set forth at length, 20, Admitted that Travelers issued the labor and material payment bond which is the subject of this lawsuit. 21, Admitted that Travelers issued a labor and material payment bond ("the payment bond") in connection with this project. The payment bond is a written document which speaks for itself. Any mischaracterization given to it by plaintiff is expressly denied, HB:51098v23589_03 3 22. Admitted that Travelers provided an unexecuted copy of the labor and material payment bond to plaintiff. Plaintiff's characterization of any communication between it and Travelers is expressly denied. By way of additional answer, the Public Works Contractor's Bond Law, 8 P.S 11 191, et seq. ("the Bond Law") provides the specific process by which subcontractors and material suppliers covered by a labor and material bond may obtain a copy thereof. Upon information and belief, plaintiff failed to proceed in accordance with the Bond Law. 23. Denied as stated. After reasonable investigation, Travelers does not have sufficient information upon which to plead as to the truth of the averment that the Obligee (i,e. the Owner of the Project) failed to provide a copy of the bond. By way of additional answer, on June 4, 2004, plaintiff faxed a letter to Travelers requesting a copy of the bond. This request was not in conformance with the requirements of the Bond Law, which provides, in pertinent part, as follows: 11 196 Payment bonds; certified copies furnished; requests; fee for costs; evidence (a) The contracting body shall furnish a certified copy of any payment bond and the contract for which such bond was given to any person who makes an application for such copy and who submits .m affidavit stating (1) He has furnished material or performed labor, for the completion of work provided for in such contract, and that he has not been fully paid for such labor or material; or * * . (b) Every such applicant shall pay for each certified copy a fee fixed by the contracting body to cover the actual cost of preparation of such copy. (c) A certified copy of any payment bond and the contract for which such bond was given shall constitute prima facie evidence of the contents, execution and delivery of the original of such bond and contract. 8 P.S. 11 196 HB:51098v23589_03 4 Further, the request for the bond was after the statutory period under which plaintiff could file an Action on the bond had expired. This is set forth in two statutes. First, 8 P.S, S provides in pertinent part as follows: S 194. Actions on payment bonds; service of notice (a) Any claimant who has performed labor or furnished material in the prosecution of the work provided for in any contract for which a payment bond. . .and who has not been paid in full therefor before the expiration of ninetv davs after the day on which such claimant performed the last of such labor or furnished the last of such materials for which he claims payments, may bring an action on such payment bond or other financial security in his own name, in assumpsit, to recover any amount due him for such labor or material, and may prosecute such action to final judgment and have execution on the judgment. 8 P.S. S 194. Second, 42 Pa.C.S.A S 5523 provides as follows: S 5523 One year limitation The following actions and proceedings must be commenced within one year: * * * (3) An action upon any payment or performance bond. 42 Pa.C.S.A. S 5523. By way of additional answer, it is denied that Travelers rdused to provide plaintiff with a copy of the bond. Travelers hereby incorporates its answer to paragraph 21 as if fully set forth here at length, 24. Denied as a conclusion of law to which no response is required. To the extent a response is required, Travelers incorporates its answer to paragraph 23 as if fully set forth here at length. HB:51098v23589_03 5 25. Denied as stated, It is admitted that on or about December 10, 2002, plaintiff sent correspondence to Travelers, a copy of which is attached as Exhibit J to the complaint. The correspondence is a written document that speaks for itself. Any mischaracterization by plaintiff is denied, 26, Denied as stated. It is admitted only that the parties exchanged correspondence through May 16, 2003, Between May 16, 2003, and June 4, 2004, plaintiff did not exchange correspondence with or communicate with Travelers. During that period oftime the statute of limitations in which to bring an action as described in paragraph 24 expired. 27. Denied as stated. It is admitted only that the letter is attached as exhibit K. The correspondence is a written document which speaks for itself. Any mischaracterization of this correspondence is denied, 28. Denied as stated. It is admitted only that the letter attached as exhibit K was sent by ITC to Travelers. Any mischaracterization ofITC's correspondence is denied, 29, Denied as stated, By way of additional answer, after reasonable investigation, Travelers is without sufficient information as to the belief of this averment. Accordingly, it is denied. By way of further answer, whether ITC provided "contradictory information" to plaintiff is immaterial to plaintiff's action against Travelers under the labor and material payment bond as the statute of limitations has expired on plaintiffs claim. 30. Denied as stated. It is admitted that the November 4, 2003 letter attached as exhibit M was apparently forwarded to the Owner. The November 4, 2003 letter is a written document which speaks for itself. Any mischaracterization by plaintiff is denied. By way of additional answer, the communications between the Owner and plaintiff are immaterial to plaintiff's action against Travelers, as the applicable statute oflimitations has expired. HB:5I098v23589.03 6 31. Denied. After reasonable investigation, Travelers is without information sufficient to form a belief as to the averment that plaintiff was not "successful in recruiting the assistance of the owner of the Project in its attempts to collect payment,.,," Upon information and belief, plaintiff failed to obtain a copy of the labor and material payment bond from the Owner in accordance with the process set forth in the Bond Law at 8 P.S, S 196, Accordingly this averment is denied, Further, it is denied that plaintiff has "continued in its efforts to actively [pursue] its claim against the Bond," Plaintiff did not actively pursue its claim under the bond, as evidenced by its failure to obtain a copy of the executed bond from the Owner and its failure to file an action within the statute oflimitations. Strict proof of this averment is demanded at trial. 32. Denied as a conclusion of law to which no response is required. To the extent a response is required, according to information provided by Plaintiff, it last provided work and/or materials to the project in or before December, 2002, Accordingly, the fifteen month for bringing an action had expired in or before March, 2004, long before this action was commenced. Travelers denies that it waived any statute oflimitations. By way of additional answer, plaintiff has no one but itself to blame for failing to file the action on the bond on time. By way of final answer, plaintiff's "work on other contracts at the same time" is immaterial to whether it actively pursued its claim and/or action against Travelers, 33, Categorically denied as a conclusion of law to whiich no response is required. To the extent a response is required, it is strictly denied that Travelers' invocation of the statutory imposed 15 month deadline is "spurious." To the contrary, plaintiff's action against Travelers at this late date is spurious, HB:5I098v23589_03 7 34. Categorically denied. As an initial matter, it is specifically denied that Travelers has any obligation whatsoever to notify plaintiff or its counsel of the deadline for filing actions against labor and material payment bonds within the Commonwealth of Pennsylvania, This deadline is specifically set forth in the Bond Law Plaintiffs c:1aims against Travelers are therefore without merit. WHEREFORE, Defendant Travelers Casualty and Surety Company of America demands judgment in its favor and against plaintiff John H. Hykes, Inc. d/b/a B&B Communications, together with costs, fees, and attorneys' fees as permitted by law, NEW MATTER OF TRAVELERS CASUALTY & SURETY CO. OF AMERICA 35, Travelers incorporates all of the above averments as if fully set forth here at length. 36. This Complaint is governed by, inter alia, the Bond Law and 42 Pa.C,S,A S 5523. 37, Section 194 of the Bond Law, 8 P.S. S 194 provides in pertinent part that any proper claimant who has performed labor or provided materials on a project for which a labor and material payment bond has been issued, and has not been paid before the expiration of ninety (90) days after it last performed labor or provided materials on the project, may bring an action against the surety on the bond to recover any amounts due and owing, 38. 42 Pa,C,S,A. S 5523 provides that any action on a payment or performance bond must be brought within one year, 39, Accordingly, any subcontractor may not bring an action against a labor and material payment bond within ninety (90) days after it last performed work or more than one year following the expiration of the ninety (90) day period. HB:51098v2 3589-03 8 40. According to Plaintiff, it last performed work or provided materials on this project on or before December, 2002, 41. Accordingly, based upon Plaintiff's own information, it was required to file the action against Travelers on the bond on or before March, 2004, 42. Plaintiff did not file its action until July, 2004. 43, Plaintiff's claim against Travelers is barred by the applicable statute of limitations. WHEREFORE Travelers demands judgment in its favor, and against John H. Hykes, Inc d/b/a! B&B Communications together with costs, fees and attorneys fees as permitted bylaw. POWELL, TRACHTMAN, LOGAN CARRLE &rARDO, P,C. avid . Francis 1.0. # 3718 114 North Second Street Harrisburg,PA 17101 (717) 238-9300 Attorneys for Defendant Travelers Casualty And Surety Company of America By Date: July 26, 2004 HB:51098v2 3589-03 9 JUL-25-2004 13:17 ---... .n....' -..-.-.................. '-I......~. II!olo UU.J.I;;;t.;y \..u. U~ "11It:;;lJ:~l,;d. P.03/04 VERIFICATION I verify that the statements made in this ADswer aDd New Matter are true and COIl'eCt to the best of my knowledge, infonnation and belief. I understand that any false statemenlll made are subject to the penalties of 18 Pa. C.S, ~ 4904 relating to unsworn falsification to authorities, ~~ HB:5109!1v1 3589-03 CERTIFICATE OF SERVICE AND NOW, on July 26, 2004, I hereby certify that I have served a true and correct copy of the within Answer and New Matter of Travelers 'Casualty and Surety Co. of America to Plaintiff's Complaint upon the following person(s) by regular first class United States mail, postage prepaid: Thomas R. Davies, Esq, Harmon & Davies, P.C, 2306 Columbia Avenue Lancaster, P A 17603 Ry4:J --- HB:51101vI3589-03 (--) '" '.= s.:.: L-: c r:,? -'-) .....' .) o ., ..... ~fi7J "'1'1 \~l r~) :-:-,1 ,.-') :-." POWELL, TRACHTMAN, LOGAN CARRLE,& LOMBARDO, P,C. David W. Francis J.D, #53718 Kelly H. Decker I.D, #84886 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 FAX: (717) 238-9325 Attorneys for Defendant Travelers Casualty and Surety Company JOHN H. HYKES, INC, d/b/a B&B COMMUNICA nONS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No, 04-310S INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Civil Action - Law Defendants PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached original signed verification of Michael Urion for the faxed verification filed with the Answer and New Matter of Travelers Casualty and Surety Company of America to Plaintiffs Complaint. POWELL, TRACHTMAN, LOGAN CARRL &; OMBARDO, P.C, By Da d W, Francis 1.0. #53718 114 North Second Street Harrisburg, P A 17101 (717) 238-9300 Attomeys for Defendant Travelers Casualty and Surety Company of America HB:51139v13589-03 PTLCBL 7/23/2004 8:10 PAGE 011/011 Fax Server TO:Michael Urion COMPANY:Travelers Cas. & Surety Co, of America VERIFlCATION I verify that the statements made in this Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements made are subject to the penalties of 18 Pa. C.S, ~ 4904 relating to unswom falsification to authorities, ~~ HB:51099vI3589-03 CERTIFICATE OF SERVICI~ AND NOW, on July 28,2004, I hereby certify that I have served a true and correct copy of the within Praecipe to Substitute Verification upon the following person(s) by regular first class United States mail, postage prepaid: Thomas R. Davies, Esq, Harmon & Davies, P.C. 2306 Columbia Avenue Lancaster, P A 17603 By HB:51139vI3589-03 1'-., C., c:-,., -""" L. c- ,.::::: N I.D o " --~ I" nlf-:::. -,"5.3' ~D C)C _.-i ") ~C:ri <.)- ~5- C) C5l'TI ?g ~, " :2":: N N N HARMON & DAVIES, p.e, ATTORNEYS.AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN H. HYKES, INe. d/b/a B&B COMMUNICATIONS Plaintiff vs, No. 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY: COMPANY OF AMERICA, Defendants PLAINTIFF'S ANSWER TO NEW MA TIER OF DEFENDANT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Plaintiff, John H, Hykes, Inc. d/b/a B&B Communications ("B&B"), by its undersigned attorneys, Harmon & Davies, P.C" files this Answer to New Malter of Defendant Travelers Casualty and Surety Company of America ("Travelers") as follows: 35, Plaintiff hereby incorporates by refenence Paragraphs I through 34 of its Complaint as though fully set forth herein. 36. Defendant Travelers' averment states a conclusion of law to which no responsive pleading is required and said averment is therefore denied. HARMON & DAVIES. p,c. ATTORNEYS-AI_LAW 2306 COLUMBIA A VENUE LANCASTER, PA 17603 " 37. Defendant Travelers' avennent states a conclusion oflaw to which no responsive pleading is required and said avennent is therefore denied, 38, Defendant Travelers' avennent states a conclusion oflaw to which no responsive pleading is required and said avennent is therefore denied. 39. Defendant Travelers' avennent states a conclusion of law to which no responsive pleading is required and said avennent is therefore denied. 40, Admitted, 41, Defendant Travelers' avennent states a conclusion of law to which no responsive pleading is required and said avennent is therefore denied, To the extent an answer is required, by its notice to Defendant Travelers on December 10, 2002 (see Plaintiffs Complaint, Exhibit "J") of its intention to assert a bond claim, and by its continuation of exchange of correspondence with Defendant Travelers since then, in which Plaintiff continually provided updates to Defendant Travelers (see Plaintiffs Complaint, Exhibits "K," "L" and "M") on the status of Plaintiff's attempts to, in good faith, resolve its dispute with Defendant Travelers' Principal, Defendant Infrastructure Technology Contractors, Inc, ("ITe"), Plaintiff believed that it had timely asserted its bond claim. In fact, it was only after Plaintiff received notice from Defendant Travelers, by its letter dated June 4, 2004, that there was a difference between "asserting a bond claim" and "filing a lawsuit," with the one-year deadline being applicable to the latter. 2 HARMON & DAVIES, P,C. AITORNEYS.AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 II Plaintiff believes, and therefore avers, that it was misled by Defendant into believing that it had properly preserved its bond-claim rights by Defendant's actions as described above. While Defendant Travelers has stated that it would assert such a defense in the event that Plaintiff would file a lawsuit, it could hardly assert that by Plaintiff's alleged failure to timely file its lawsuit, it was prejudiced or harmed in any way whatsoever. To the contrary, Defendant Travelers has been fully aware of the outstanding claims by Plaintiff against it and its Principal and of Plaintiff's failed attempts to settle its claims amicably from the very inception of the disputes at issue herein, At the very least, Plaintiff intends to show that Defendant Travelers, by such actions as described above, breached its duty of good faith and fair dealing which Defendant Travelers owed to Plaintiff under its contract with its Principal. 42, It is admitted that Plaintiff filed the within lawsuit in July 2004. 43. Defendant Travelers' averment states a conclusion of law to which no responsive pleading is required and said averment is therefore denied, WHEREFORE, Plaintiff, John H. Hykes, Inc. d/b/a B&B Communications, demands judgment in its favor and against Defendant Travelers Casualty and Surety Company of America in the amount of$94,453,56 plus interest, penalties and attorneys' fees as allowed by law, costs of this suit and other such relief as the Court deems appropriate, 3 " cf- - I 1. ---cJ Y- HARMON & DAVIES, p,C. 2306 Colwnbia A venue Lancaster, PAl 7603 Telephone: (717) 291-2236 Facsimile: (717) 291-5739 By: (~~ ,./( ~"-- Thomas R. Davies, PA I.D. # 35260 Attorneys for Plaintiff Dated: CCBCIDowm,,,, ,,' s''''o.,IOw''Mfy Dowm''',ICIi''''IB&B Commoo",,;o", BOOl JUTC O402IA",w" '" N,w M..,,, ofT"",,",wpd RMON & DAVIES, P.C AITORNEYS-AT_LAW J6 COLUMBIA A VENUE ,ANCASTER, PA 17603 4 HARMON & DAVIES. P,C. AITOR!'<EYS-AT_LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 II VERIFICATION I, John Hykes, hereby verify that I arn the President of John H. Hykes, Inc. d/b/a B&B Communications, that I am authorized to make this Verification, and that the statements contained in the herein responsive pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S,A. ~ 4904 relating to unsworn falsification to authorities. Dated: ~t)d.- ~~ o Iykes COMMUNICA no s August 12, 2004 C:_nd.....go\lonioH.I.."TH"'YDoou..,..._"I'.'.!l.ll.DC..........._Yorill<o....~fIIyU....... HARMON & DAVIES, P.c. ATTORNEYS-AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW JOHN H. HYKES, INC, d/b/a B&B COMMUNICATIONS Plaintiff vs. No. 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC, and TRAVELERS CASUALTY AND SURETY: COMPANY OF AMERICA, Defendants CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of Plaintiff's Answer to New Matter of Defendant Travelers Casualty and Surety Company of America upon the persons and in the manner indicated below, which service satisfies the requirement ofPa. R,C.P, 440: Service by First Class Mail Addressed as Follows: David W. Francis, Esq. Powell, Tractman, Logan Carrie & Lombardo 114 North Second Street Harrisburg, P A 17101 rr <. -GlJ Infrastructure Tlechnology Contractors, Inc. c/o Bri~ac Engineering, Inc. 114 North Second Street Harrisburg,PA 17101 Dated: By: ~, /f.. Oc-- Thomas R. Davies, PA 1.0. # 35260 Attorneys for Plaintiff CCS:C:\Documents and Settings\Owner\My DocumelltslClientslB&B Communications BOO] I\JTC 0402\Cen of Serv. wpd n r....) .~:-. , <.:-;;, -.t.'- .-1 ::i :11 T' ~,_:. (,) _J HARMON & DAVIES, P.c. AITORNEYS-AT-LAW 2306 COLUMBIA AVENUE LANCASTER, PA 17603 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN HYKES, INe. d/b/a B&B COMMUNICATIONS, Plaintiff, vs. INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC" and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants. No. 04-3105 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of an Important Notice upon the persons and in the matter indicated below, which service satisfies the requirements ofPa. R.e.P, No, 440: Service by First Class Mail Addressed as Follows: Infrastructure Technology Contractors, Inc. c/o Brinjac Engineering, Inc. 114 North Second Street Harrisburg, PA 17101 No Counsel Date: ~V()h\- '-'I Loc>~ David W, Francis, Esquire Powell, Trachtman, Logan, Carrie & Lombardo, P.e. 114 North Second Street Harrisburg, PA 17101 Attorneysfor Defendant Travelers Casualty and Surety Company of America HARMON & DAVIES, P.C. B0\..-.<v",o.h. ~"b<lvv~'<6.lb2 Thomas R. Davies, PA ID #35260 Attorney fjor Plaintiff dma-C:\Documenls and Settings\Owner\My Documents\data\PL\B&B CommulIicatiollslCertificate of Service n~ service of IO-day Notice 011 ITC.wpd -In ITlr.:~ &I~i -:;4 ~c. ~~~ ~ () C -~ ~~- ....., = = J:" en rn ..." I ~ -I :r:-n ~r-~ :xl S-' -r..:n '::J-- ;~@ C' ~ ~ :P' :x <::> ...... SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03105 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND JOHN H HYKES INC D/B/A B&B COM VS INFRASTRUCTURE TECHNOLOGY CONT R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: INFRASTRUCTURE TECHNOLOGY CONTRACTORS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 23rd , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co So ~., ,," /'?~' .. ... .- ~/ 18.00 9.00 10.00 26.25 ,00 63.25 08/23/2004 HARMON & DAVIES R.'" Thomas Kl in Sheriff of Cumberland County Sworn and subscribed to before me this 3/-,-", day of ~ ;(~ '-{ A.D. ~a~,~ Prothonotary @ffite of tlp~ ~lreriff William T. Tully Solicitor J, Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W.Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania t710 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HYKENS JOHN H INC vs County of Dauphin INFRASTRUCTURE TECHNOLOGY CONTRACTORS Sheriff's Return No. 5446-T - -2004 OTHER COUNTY NO. 04-3105 AND NOW:Ju1y 30, 2004 at 9:50AM served the within COMPLAINT upon INFRASTRUCTURE TECHNOLOGY CONTRACTORS INC to KAREN HUMAN RESOURCE DIRECTOR by personally handing 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 114 N 2ND ST HBG, PA 17102-0000 SHE REFUSED TO ACCEPT DEPUTY TOLD HER HE WAS INSTRUCTED TO SERVICE, THAT THE OWNERS WERE THE SME SHE SAID YES BUT THAT SHE COULD NOT ACCEPT SERVICE DEPUTY INFORMED HER SHE HAD BEEN SERVED. Sworn and subscribed to before me this 13TH day of AUGUST, 2004 j7:~ Sheriff of Dauphin County, Pa. ~A/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 By ?;;:~~ ;t /),_:L - - ~puty S~;{ CI Sheriff's Costs:$26.25 PD 07/20/2004 RCPT NO 196942 TQ in The CO/lrt of Common Pleas of Cumberland County, Pennsylvania Jolen H. Hykes Ine d/b/a B&8 Carmunieations VS. Infrastructure Technology Contractors Inc SERVE: sane No. 04-3105 civil Now, July 7. 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .../7 /' /~' r ~~?&d-<: "l~'~.4' Sheriff of Cumberland County, PA Affidavit of Service Now, , 20_, at o'clock M, served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ r~\ -' .r:- ;0 Ii'" C p ...-' L_ ~. r I 0:> p. C 2: -~ - - '-:,~ ~,C n;n-o ::~'~'i~ ~ :1 ~ --' if' - () "...cc ~""~;{:~~' ''-'-- W en MON & DAVIES, P,C, "-TIORNEYS-AT-LAW , COLUMBIA A VENUE .NCASTER, PA 17W3 " fN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW JOHN HYKES, fNC. d/b/a B&B COMMUNICATIONS, Plaintiff, vs, No. 04-3105 fNFRASTRUCTURETECHNOLOGY CONTRACTORS, fNC., and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants. PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default for Plaintiff B&B and against Defendant ITC for failure to plead to the Complaint in the above-captioned matter pursuant to Pa.R.C.P. No. 237.1 as follows: Judgment Amount Costs Interest at 6% Per Annum From 3-17-03 to 3-17-04 ($94,453,56 x .06) From 3-17-04 to 9-17-04 ($472.27 x 6 mos.) From 9-17-04 to Date of Final Payment Interest atl% per Month (62 Pa.C,S,A 11 3901, et seq.) From 3-J7-03 to 9-17-04 ($944.54 x 18 mos.) From 9-17-04 to Date of Final Payment Penalties at 1% per Month (62 Pa.C.S,A 11 3901, et seq) From 3-17-03 to 9-17-04 ($944.54 x 18 mos,) From 9-17-04 to Date of Final Payment $94,453.56 $ 118,75 $ 5,667.21 $ 2,833,62 TBD $17,001.72 TBD $17,001.72 TBD MON & DAVIES. P,c. ;,TTORNEYS,AT.LAW j COLUMBIA AVENUE .NCASTER, PA 176lJ3 " Attorneys' Fees (62 Pa.C.S,A g 3901, et seq) From 6-1-04 to 8-31-04 From 9-1-04 to Date of Final Payment $ 2,810,96 TBD TOTAL JUDGMENT AMOUNT: $139,887.54 Plus Interest, Costs and Attorneys' Fees from 9-17-04 to Date of Final Payment I hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant, after Defendant's failure to plead to the Complaint, and at least ten days prior to the date of the filing of this Praecipe, a true and correct copy of which is attached hereto, Respectfully submitted, Date: 7rlO -oV- ~4~~ Thomas R. Davies ID #35260 HARMON & DAVIES, P.C. 2306 Columbia A venue Lancaster, PA 17603 (717) 291-2236 Attorney for Plaintiff Date: 9~. lSt~Odf cCff1~' I< &- Cumberland County Prothonolary dmll-C:\Docume1lts and SettingslOwner\My Documentsldata\PL\B&B Commullications\Praecipe for Entry of Default Judgmem,wpd '.MON & DAVIES, P,C, ATIQRNEYS.AT.!..AW ; COLUMBlA A VENUE .NCASTER, P.A. 1i6D3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW JOHN H. HYKES, INC, d/b/a B&B COMMUNICATIONS, Plaintiff, vs. No. 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants. To: Infrastructure Technology Contractors, Inc, c/o Brinjac Engineering, Inc. 114 North Second Street Harrisburg, PA 17101-1401 Date of Notice: August 31, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: 10N & DAVIES, r.c. rrORNErS.AH..AW :'DLUMBlA AVENUE ICASTER, f'A 17603 \ District Court Administrator CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6250 HARMON & DAVIES, P.C, 2306 Columbia Avenue Lancaster, P A 17603 (717) 291-2236 By~\-...."",<l.;. K.~o-N;~A./bL Thomas R. Davies PA 10 #35260 Attorneys for Plaintiff dlOn-C:\DoclIOWllts and SeaJug!\Owner\My DocLlll1ellls\dHln\PL\B,~a CQmmunicnliollS\Te" Day Defalll! Noliee. wpd ~ON & VA VIES. p,c. TTORNEYS-AT-LAW COLUMBIA A VENUE ICASTER, PA 17603 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW JOHN HYKES, INe. d/b/a B&B COMMUNICA nONS, Plaintiff, VS. INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INe., and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants. No, 04.3105 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of an Praecipe for Entry of Judgment by Default upon the persons and in the matter indicated below, which service satisfies the requirements ofPa. R.e.P. No. 440: Service by First Class Mail Addressed as Follows: Infrastructure Technology Contractors, Inc. c/o Brinjac Engineering, Inc. 114 North Second Street Harrisburg, PA 17101 No Counsel Date: 1-rO -" l'- David W, Francis, Esquire Powell, Trachtman, Logan, Carrie & Lombardo, P.C, 114 North Second Street Harrisburg, P A 1710 I Attorneysfor Defendant Travelers Casualty and Surety Company of America HARMON & DAVIES, P.e. By: c:;:z pt/:/ <:-. Thomas R. Davies, PA ID #35260 Attorney for Plaintiff dma-C:\Documents and SettingslOwnerlMy Docurntllts\data\PL\B&B Communicatiolls\Certificate of Servke fa praecipe for entry ofjudgmclll. wpd -i9- ~ ..() t~~ ~0 ~ B ~ F ~~ ~ ~ ~ , f: - --~_..... (? ~, il .... " --.1 --- '~) ; , q \.I..~ ~~~.' COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOHN H. HYKES, INC, d/b/a B&B COMMUNICATIONS, Plaintiff No. 04 - 3105 v. CIVIL ACTION - LAW INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Please withdraw our appearance on behalf of Defendant Travelers Casualty and Surety Company of America in the above-captioned matter. Powell, Trachtman, Logan, Car jbardO Date: February 2. 2005 By: avid T. Attorney I. '4::!- 3:2 r 114 North Second Street Harrisburg" Pennsylvania 17101 Telephone: (717) 238-9300 Facsimile: (717) 238-9325 -1- PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of Defendant Travelers Casualty and Surety Company of America in the above-captioned matter. Papers may be served at the address set forth below. Date: February 2, 2005 R. J, ReY~ Attorney 1.0. #10:252 Email -irevnolds@ttanlaw.com Thomas, Thomas, Armstrong & Niesen 212 Locust Street, Suite 500 Post Office Box Sl500 Harrisburg, PA 17108-9500 Telephone: (71l) 255-7604 Facsimile: (71 l) 236-8278 .2- CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Praecipe for Withdrawal of Appearance/Praecipe for Entry of Appearance on all parties by placing the same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the 3rd day of February, 2005, addressed as follows: Thomas R. Davies, Esquire Harmon & Davies, P,C, 2306 Columbia Avenue Lancaster, Pennsylvania 17603 (Attorney for Plaintiff) David T, Bolger, Esquire Powell, Trachtman, Logan, Carrie & Lombardo 114 North Second Street Harrisburg, Pennsylvania 17101 Infrastructure Technology Contractors, Inc. 910 North Second Street Harrisburg, Pennsylvania 19102 (Defendant) Thomas, Thomas, Armstrong & Niesen By: rj/, tf'/,~ /:;;(/., YR/~It ) Sharon Dell-Gallagher, Seof tary- ~,.1 ---0 r''') , --------- - R, James Reynolds, Jr., Esquire PA Supreme Court 1.0. No. 10252 Email: irevnolds@ttanlaw.com Thomas, Thomas, Armstrong & Niesen 212 Locust Street, Suite 500 Post Office Box 9500 Harrisburg, Pennsylvania 17108-9500 Telephone: FAX: (717) 255-7604 (717) 236-8278 Attorney for Defenc nt Travelers Casualty and Surety Compa y of America IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H, HYKES, INC, d/b/a B&B COMMUNICATIONS, Plaintiff No. 04 - 3105 v, CIVIL ACTION - LAW INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants PRAECIPE TO FILE DISCOVERY MATERIALS PURSUANT TO Pa. R.C,P. No. 4002.1 To the Prothonotary: Pursuant to Pa. R.C.P. No. 4002.1, please file the following discover materials relevant to Defendant Travelers Casualty and Surety Company of America's Motion for Summary Judgment: (1) Plaintiffs Answers to Interrogatories Addressed to Joh H. Hykes, Inc, d/b/a B&B Communications from DefendantTravelers Casualty and Suret Company of America. Date: March 28, 2005 Thomas, Thomas, Armstrong & Nies n 212 Locust Street, Suite 500 Post Office Box 9500 Harrisburg, PA 17108-9500 (717) 255-7604/ FAX (717) 236-82 8 Attorney for Defendant Travelers Casualty and Surety Company of A erica - 2- HARMON & DAVIES, p,c. AlTORNEYS-AT-LAW 23(J6 COLUMBIA A VENUE LANCASTER. fA 11603 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN H. HYKES, INe. d/b/a B&B COMMUNICATIONS Plaintiff vs. No, 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY: COMPANY OF AMERICA, Defendants PLAINTIFF'S ANSWERS TO INTERROGATORIES ADORES ED TO JOHN B. HYKES, INC. d/b/a B&B COMMUNICATIONS F M DEFENDANT TRAVELERS CASUALTY AND SURETY C MP ANY F AMERICA 1, Please identify all communications between Plaintiff B&B d Defendant Travelers relating to the project. Your answer should identify (a) the date fthe communication; (b) the individuals in the communication; (c) the content fthe communication, (d) the means by which the communication took place, an (e) any documents related to the communications. ANSWER: See pleadings and attached documents. HARMON & DAVIES, P.e. A TTORNEYS-A T-lA W 2306 COLUMBIA AVENUE LANCASTER. PA 11603 2. Please identify the last day that B&B performed work or pro ided materials to the project. Your answer should identify (a) the date the work was perfo ed or materials supplied; and (b) the work performed or materials supplied. ANSWER: December I I, 2002 3. Please refer to paragraph 26 of your Complaint. Please iden ify each and every item of correspondence which you claim were exchanged between th parties, ANSWER: See pleadings and attached documents. HARMON & DAVIES, P.C. 2306 Columbia Avenue Lancaster, PA 17603 Telephone: (717) 291-2236 Facsimile: (717) 291-5739 By: /L :::? ~ omas R. Davies, PA 1.0. # 35260 Attorneys for Plaintiff Dated: (0- fl-c:) r CCB.C:\IloeumQrts and Seltings\Owner\My Docwnenu\Clitnts\8&B Commu~ Boor I\ITC OO'JZ\P!aintitfs Answers to IncerrogaforicsotT velen.wpd 2 HARMON & DA VlES, P.e. AlTORNEY5-AT-LAW 2306 COLUMBIA AVENUE LANCASTER. PA 11603 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN H. HYKES, INC. d/b/a B&B COMMUNICATIONS, Plaintiff vs. No. 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INe. and TRA VELERS CASUALTY AND SURETY: COMPANY OF AMERICA, Defendants VERIFICATION I, John H. Hykes, hereby verify that I am the President of John H. ykes, Inc. d/b/a B&B Communications, that I am authorized to make this Verification, and statements contained in the herein Answers of John H. Hykes, Inc, d/b/a B Communications to Interrogatories of Travelers Casualty and Surety Com y of America are true and correct to the best of my knowledge, information, and belieL wlderstand that false statements therein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Dated: October 11, 2004 CCB:C.\Documents and Seclinp\OwneM{y ~\CIiClU\B.tB c:omn..ucationf BOOII\ITC 0402\Verification of 10m H. Hykes.wpd CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoir g Praecipe to File Discovery Materials on all parties by placing the same in the United St tes Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the 28th day of M rch, 2005, addressed as follows: Thomas R. Davies, Esquire Harmon & Davies, P,C, 2306 Columbia Avenue Lancaster, Pennsylvania 17603 (Attorney for Plaintiff) Infrastructure Technology Contractors, Inc. c/o BK Engineers and Constructors 1513 North Cameron Street Post Office Box 11617 Harrisburg, Pennsylvania 17108-1617 (Defendant) Thomas, Thomas, Armstrong & Niesen ; By: ',-ri', ;' jiJ ,',' ',;;'1';', ,1~~' Sharon Dell-Gallagher(Secre ary n h' C:.' C) C C.::> -'\l C:fl :':\< --I :1:,'" " , , >1':'1 f',) u: " - , ,-,) C.) -, -, , " R, James Reynolds, Jr" Esquire PA Supreme Court 1.0. No. 10252 Email: jrevnolds@llanlaw.com Thomas, Thomas, Armstrong & Niesen 212 Locust Street, Suite 500 Post Office Box 9500 Harrisburg, Pennsylvania 17108-9500 Telephone: FAX: (717) 255-7604 (717) 236-8278 Attorney for Oefen ant Travelers Casualty and Surety Comp ny of America IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H, HYKES, INC. d/b/a B&B COMMUNICATIONS, Plaintiff No. 04 - 3105 v. CIVIL ACTION - LAW INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants DEFENDANT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes Defendant Travelers Casualty and Surety Company of America ("Travelers"), by its undersigned attorney, and files this Motion for Summa Judgment pursuant to Pa. R.C,P, Nos. 1035,1 et sea., averring the following in support hereof: 1. Defendant Infrastructure Technology Contractors, Inc. ("ITC") ntered into a contract ("Contract") with the Mechanicsburg Area School District ("School istrict") for the Additions and Renovations to the Mechanicsburg Area Senior Hi h School, Mechanicsburg, Cumberland County, Pennsylvania ("Project"). 2. As required under the Public Works Contractors' Bond aw, Act of December 20, 1967, P,L. 869, as amended, 8 P,S. 99 191 et sea. ("the Act"), n or about June 13, 2001, Travelers, as surety, executed a Contractor Labor and Materi I Payment Bond ("Payment Bond") on behalf of lTC, as principal, in favor of the School District, as obligee, for the protection of "claimants" supplying labor or materials to ITC in the prosecution of the work covered by the Contract. A copy of the Payment Bond is attached hereto, made a part hereof, and marked as Exhibit "A", 3, On or about August 10, 2001, Plaintiff John H. Hykes, Inc. d/b/a B&B Communications ("Plaintiff") and ITC entered into a Subcontract greement ("Subcontract"), as amended by subsequent Change Orders, pursuant to wh ch Plaintiff agreed to perform certain portions of the work under the Contract, including th furnishing of labor, materials and equipment necessary to install certain telecom unications equipment on the Project. 4, Plaintiff commenced this action against ITC and Travelers by filing a Complaint on July 6, 2004, 5. The first two counts (Counts I and II) of the Complaint are direc d against lTC, 6. The third Count (erroneously designated by Plaintiff as Cou t II) of the Complaint is directed against Travelers. In that Count, Plaintiff alleges that avelers is liable to it under the Payment Bond for labor performed and materials furnishe pursuant to the Subcontract for which it was not paid by ITC. 7. Pa. R.C.P. NO.1 035,2 provides that after the pleadings are closed but within such time as not to unreasonably delay trial, any party may move for summary 'udgment, - 2- as a matter of law: (a) whenever there is no genuine issue of any material necessary element of the cause of action or defense which could be est additional discovery or expert report; or (b) if, after the completion of discove the motion, an adverse party has failed to produce evidence essential to th cause of action which would require the issues to be submitted to a jury, 8, The pleadings are closed, and this Motion for Summary Judg ent is filed within such time as to not unreasonably delay trial. 9, There is no genuine issue of any material fact as to Plaintiff's failu e to timely commence an action against Travelers under the Payment Bond which could be established by additional discovery or expert report, 10, Discovery has been completed, and Plaintiff has failed to produc evidence of facts essential to its cause of action against Travelers which would require the issues to be submitted to a jury. 11. Therefore, summary judgment should be entered, as a matter of I w, in favor of Travelers and against Plaintiff, and the third Count (erroneously designated y Plaintiff as Count II) of Plaintiff's Complaint against Travelers should be dismissed wit prejudice for, inter alia, the reasons set forth below, 12. The Payment Bond provides that if a Claimant, who has perform d labor or furnished materials in the prosecution of the work in accordance with the Contra t. has not been paid in full before the expiration of ninety days after the day on which th claimant performed the last of such labor or furnished the last of such materials for whic payment is claimed may institute an action upon the Payment Bond to recover the a ount due provided. however, that: ". , . (b) no action upon this Bond [Payment Bon shall be - 3- commenced after the expiration of one (1) year from the day upon which th last of the labor was performed or material was supplied, for the payment of which su h action is instituted by the Claimant, . .." 13. Plaintiff has admitted that it last performed work or provided mat rials on the project on December 11, 2002. (Plaintiffs Answer to Travelers' New Matter, pa agraph 30; Plaintiffs Answers to Travelers' Interrogatories, No, 2). A copy of Plaintiffs nswers to Travelers' Interrogatories is attached hereto, made part hereof, and marked as xhibit "B", 14, Therefore, Plaintiffs action is barred, as a matter of law, becaus it was not commenced on or before December 11, 2003, one year from the day upon wh ch the last of the labor was performed or material was supplied by Plaintiff. 15, 42 Pa. C.S.A. ~ 5523(3) requires an action upon a payment ond to be commenced within one year, 42 Pa. C,SA 9 5502(a) provides that the time 'thin which a matter must be commenced shall be computed from the time "the caus of action accrued", 16. Section 4(a) of the Act, 8 P,S. 9 194(a), provides that any c1aima t who has performed labor or furnished materials on a project for which a payment bon has been given pursuant to the Act, and who has not been paid in full therefor before the expiration of ninety days after the day on which such claimant "performed the last of su h labor or furnished the last of such materials for which he claims payment", may bring a action on the payment bond to recover any amount allegedly due for such labor or rnat rial. The Payment Bond contains substantially similar language. 17, Even assuming that Plaintiffs cause of action accrued on March 12,2003, ninety days after the day it last performed labor or furnished materials (s e Centre -4 - Concrete Co, V. AGl.lnc" 559 A,2d 516 (Pa. 1989)), Plaintiffs action was not c mmenced on or before March 12,2004, one year from the day Plaintiffs cause of actio' accrued, 18, Regardless of whether Plaintiffs cause of action accrued on De ember 12, 2002, or March 12,2003, Plaintiffs action is barred, as a matter of law, becaus it was not commenced in a timely fashion pursuant to the Payment Bond and/or 42 a. C.SA S 5523(3) and 42 Pa. C.SA S 5502(a). 19. As a matter of law, Travelers is not estopped from relying upon the statute of limitations defense by reason of any actions or inactions of Travelers with respect to Plaintiff. 20, Pursuant to Pa. R.C,P. No, 1035.4, the Affidavit of Michael S. Ur' n is being filed in support of this Motion, 21, The grounds for this Motion will be set forth in greater detail in a rief which Travelers will file in support of this Motion for Summary Judgment when requir d to do so pursuant to the Cumberland County Rules of Procedure. 22, Pursuant to Pa. R.C,P. No. 4002.1, discovery materials relev nt to this Motion for Summary Judgment will be filed with the Court. 23. Based upon the foregoing and the pleadings and discovery mate ials which have been or will be filed of record, there are no genuine issues of any m erial fact. Therefore, summary judgment should be entered in favor of Travelers and agai st Plaintiff as a matter of law. WHEREFORE, Defendant Travelers Casualty and Surety Company f America requests that the Court enter an Order granting this Motion for Summary udgment, entering summary judgment in favor of Travelers and against Plaintiff, and dism ssing with - 5- prejudice Plaintiff's claim against Travelers as set forth in the third Count ( rroneously designated by Plaintiff as Count II) of the Complaint. Date: March 28, 2005 R. Ja Attor y 1.0, #10252 Email -ireynolds@ttanlaw.com Thomas, Thomas, Armstrong & Nies n 212 Locust Street, Suite 500 Post Office Box 9500 Harrisburg, PA 17108-9500 (717) 255-7604 / FAX (717) 236-82 8 Attorney for Defendant Travelers Casualty and Surety Company of A erica - 6- VERIFICATION I, Michael S, Urian, Bond Claim Representative of Defendant Travele s Casualty and Surety Company of America, depose and say, subject to the penalties of 8 Pa. C,S. 9 4904, relating to unsworn falsification to authorities, that the facts set f rth in the Summary Judgment are true and correct to the best of my knowledge, infor foregoing Defendant Travelers Casualty and Surety Company of America's Motion for belief, ~t{ [);)., {)~ Date Michael S. Urian Exh',h-r - ...(nl'-..U I c.t:.J't:.J-' .L.....LJ I .~...P........., CONTRACTOR PERFORMANCE BOND , KNOW ALL MEN BY lliESE PRESENTS; That ItmlAS'rRIICTUIl& TECIQIOLOOY C01lTllACt01tS. ll1C- 507 N01tR YOU SftE T. (insert name and address of Contractor) -SIl'TE 3. KECJlA:RICSBUllC. PA 17055 as Principal. hereinafter caDed "Principal: ..nd TU.\lELEllS CASUALTY' AIID S1l1lE1'Y ClltfPA!fr or ~r.alCA OlCE TOVEll SQUARE. IlARTFOID, CT 06183 (insert the \eglI1 title of Surety) as Surety, hereinafter called "Surety: are held and firmly bound unto the Mechsnlcsburg AI ea SChl)ol District, Commonwealth of Pennsylvania as the owner Obligee ("the Obligee"). in th ame,unt of !:lX HIIJIDREll .tllE" 'l'ROUSAl'I1I stva Il'UIl1IlltD SEVU'TY----OO1100 Doll8rs ($ 690,770.00 ). for the payment wtlereof Principal and Surety, jointly and sev.rally. bind themselves, their heirs. executonl, administrators, successors and assigns t the Obligee to pay for performance of the Contract, and firmly by these presents. WITNESSETH THAT: WHEREAS, Principal has, by written agreament dated entered into a Contract with Obligee for the Additions and Renovatiohs to Mechanicsburg "rea Se ,ior High School, Mechanicsburg, Cumberland County, Pennsylvania, In accordance wi~ drclWings al\d spec:ifications prepared by Crabtree, Rohrbaugh & Associates of Harrisburg, :>a., which Contract is by reference made a part hereof, and is hereinafter referred to as "the C, ntract;" WHEREAS" the Obligllll is a .contracting body" under provisions of Act 11I0. 385 of t 'Ie G4!neraJ As&embly of the Commonwealth of Pennsylvania. approved by the Governor on Ml!chaniesburg Area Senior High School C~ Project No. 1575 00600-1 .J1"'1l....-~r-"::x."u.J J......,l";) r.~/JO December 20, 1967. and known as and cited as the "Public Works Contractors' ond law of 1967" (the "Act"); WHEREAS, the Act, in Section 3 (a), requires that, before an award shall be made 10 the Principal by the Obligee. the Principal shall furnish this Bond to the Obligee, - h this Bond to become binding upon the award of a Contrad to the Principal by the Obligee i accordance with the Contract; and VVHEREAS, it is also a condition of Ihe Conlract thelt this Bond shall be fu NOW, THEREFORE, THE CONOmON OF THIS OBLIGATION is suc,", th if the Principal to the Obllgee_ Principal shall weD and faithfully do and perfonn tile things agreed by it to be don performel:! according to the terms of saId Contract, and which are hereby made a art of this Bond the same as though they were 11.I11)' set forth herein, and shall indemnify and save harmless the Obligee and all of its officers. agents and employers from any expen e incUlT'ed through the failure of the Principal to complete the worle as specified and far ElnY d mages growing out of the manner of performance of the Contract by the Principal or its s n~ctors, The Principal and Surety agree that any alterations, changes and/Or addilia s to the then this Obligation shall be void; otherwise, this Bond shall remain in full force and effect. Contract, andlor any alterations, changes and/or additions 10 the work to be perfo the Contract, and/or any giving by the Obligee of any extensions of lime for the pe the project work in accordance with the Contract, and or any OUIer act of forbeara" the Principal or the Obligee toward the other with respect to the Contract. and/or th of any percentage to be retained by the Obligee as pennitted by the Contract, shall in any manner whatsoever, the Principal and the Surety, or either of them, or their Mechanicsburg Area Senior High School eRA Project No. 1575 2 I . ......-'~ -"-' ..Jrll" UI ~~ .....""'......-' eXf:e\ltors. administrators, suecessors and assigns, from Iial:>ility and ob~gatiQns under thl Bond; and the Surely, for vllllue received, does waive notice of any sueh alterations. c:t>an es, additions, e)(1ensions of time. acts of fortlearanee and/or reduction of retained pereentag VVhenever principal shall be, and declared by ObRgee to be in defa\llt under the COfltraet. the Obfigee having performecl Obligee's obligations thereUT1der, the Surety may promptly remedy the default. or shall promptly: 1) Complete the Contra<;t in accordance with its terms and concfrtions. or 2) Obtain a bid or bids for submiSSion to Obligee for campleting the Contract i accordance with its terms ancl conaltlons, and upon delermination by Obli e and Surety of the lowest responsive bidder. arrange for a Contract between such bidder and Obligee, and make allililable as work progresses (even though t ere should be a default or 8 succession of defaults under the Contract or contra s of completion arranged under this paragraph) sufficient fun~ to pay the cost completion less the balance of the contrilct price; but not exceeding, inC/udi other costs and damages for wllleh the Surely may be liable hereunder. the amount set forth In the first plII'lIgraph, hereof. The term, "balance of the co ract price", as used in this paragraph, shall mean the total amount payable by Obligee to Principal under the Contr:lct and any amendments thereto. less t e amount properly p;lid by Obligee to Principal, If the SUrel)' does not promptly remedy the default or proceed with reasonable prornptness to pertenn its obligations under the Elond, the Surely shall be deemed to be in def~IUlt on this Bond fifteen (15) days after receipt of written notice form the Obligee to the Suntty demanding that the Surety perform its obligations under this Bond, and the ObUgee be .",tIDed to enforce any remedy avanabJe 10 the Obligee. No aclion upon this Bond shall be commenced after the expiration of one (1) year f the '~a\e on which the Principal is declarecllo be In default by the O\)ligee, or within one (1) ear altel' the Surety refuses or fails to perform its obHgations uncIer the Bond, whichever ocaJrs first Mec'anicsburg Area Senior High Schoot CRi', Project No. 1575 00600-3 l.otA...J1-"-' No right of action shallllQ:rue on this Bor:td 10 any person or entity Dthe than the Obligee or its heirs. execulors, lldminislrators, or successon>. Every action upon thili Bond shall 'be InstitUted either in the Court of the " the project under the Contract is la be performed, or in the United Slate District OLlIt for the district in which the project. or any pari thereof, is situated, and not elsewhere. This Bond is executed and delivered under and subject to the Act to wh' reference hereby is made. IN WITNESS WHEREOF, the Principal and the Surety cause this Bond be signed and sealed this 13TH day of JUlte .200~. Wrtness/Atte5l: l$nAS'nuctal 'RClUlOLOGY C 't'tW:'rOllS. 11lC. (Principal) [Seal) By: \NItnesslAttest: (Signalure and Tille) (SIgnature and Title) ., -L 'I'IlAVELERS CASUALTY AlIlD SVJUlTT CQl~ (Surely)"' OF RlDICA (Se~ By: BETlt A. BEAltelt - "IUtESS (Signature and Title) JRlES It. GOULD - ATTOll1'l 1111 FACT Attamev-in-Fact Certification - The unden;igned attomey-in-fact by executlng this Per10nnance Bond certifies the/she is rrcensed with the c;gmpany named as Surety for tnis bond by the Pennsylvania Ins ranee Department and that to the best of hlslher knowledge the said Surely is Iice/1Sed the Pennsylvania Insurance Department, Mechanicsburg Area Senior High School eRA Project No. 1575 00 0Q.4 ...Jnl'l t:.J1 c:..uc,.J..... .1....,..,'"-' GEtlERAL INS'rRUCllONS: Please sign where indIcated. If CorpDration. sign by Pres' ent or Vj;;...presidenl and attest by Secretary or Treasurer. Affix Seal. If PaJtne/'Ship. sign by e ch partner Bnd witness signature of each partner. If IndMdual, sign by proprietor and wilne lndi~te SUlety company, sign by attomey4n--fac1. (Pa, Licensed Resident Agent Only). wilr.ess signature. and affix SuretY company's seal. Attach Power of Attorney, with em seai, to this page. M'!chanicsburg Area Senior High School Cl~ Project No. 1575 00600.5 [; x\;,\.\ ~ ~ ---------- HARMON & DAVIES, P.c. AlTClR/'o"EYS-AT-LAW 2306 COLUMBIA AVENUE LANCASTER. PA 17603 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN H, HYKES, INC. d/b/a B&B COMMUNICATIONS Plaintiff vs, No. 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY: COMPANY OF AMERICA, Defendants PLAINTIFF'S ANSWERS TO INTERROGATORIES ADORES ED TO JOHN B. HYKES, INC, d/b/a B&B COMMUNICATIONS H OM DEFENDANT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 1. Please identify all communications between Plaintiff B&B nd Defendant Travelers relating to the project. Your answer should identify (a) the date fthe communication; (b) the individuals in the communication; (c) the content (fthe communication, (d) the means by which the communication took place, an (e) any documents related to the communications. ANSWER: See pleadings and attached documents. " HARMON & DAVIES, P.c. ATTORNEYS-AT.LAW 2306 COLUMBIA AVENUE l.ANCASTER. PA 11603 2. Please identify the last day that B&B performed work or pr vided materials to the project. Your answer should identify (a) the date the work was perfi rmed or materials supplied; and (b) the work performed or materials supplied. ANSWER: December I I, 2002 3. Please refer to paragraph 26 of your Complaint. Please iden 'fy each and every item of correspondence which you claim were exchanged between th parties. HARMON & DAVIES, P.C. 2306 Columbia Avenue Lancaster,PA 17603 Telephone: (717) 291-2236 Facsimile: (717) 291-5739 By: /L ~ "-- omas R. Davies, PA 1.D. # 3 260 Attorneys for Plaintiff ANSWER: See pleadings and attached documents. Dated: ( c)- II - (j r CCB:C:\Documenls and Smings\Owllet\My Documents\Clients\B&8 ~ BOO11\lTC O4OL1J>I&inUfl's!\Mwm; \0 lnterT1)ptones oftra wpd 2 HARMON &; DAVIES. p,c. AITClRNffSoAT-U.W 2306 COLUMBIA AVENUE LANCASTER..PA 11(,(,)3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN H, HYKES, INC. d/b/a B&B COMMUNICATIONS, Plaintiff vs. No. 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC, and TRAVELERS CASUALTY AND SURETY: COMPANY OF AMERICA, Defendants VERIFICATION I, John H, Hykes, hereby verify that I am the President of John H. kes, Inc. d/b/a B&B Communications, that I am authorized to make this Verification, and hat the statements contained in the herein Answers of John H. Hykes, Inc, d/b/a B B Communications to Interrogatories of Travelers Casualty and Surety Cornp y of America are true and correct to the best of my knowledge, information, and belie!: I wlderstand that false statements therein are made subject to the penalties of I 8 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. Dated: October 11, 2004 CCB:C.~nts and Settinp\Ownef\My ~\Oiems\BAB Caaununieationt BOO111JTC 0402\Vai&acioa elf lohn H. Hykes.wpd CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Defenda t Travelers Casualty and Surety Company of America's Motion for Summary Judgment 0 all parties by placing the same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the 28th day of March, 2005, addressed as follows: Thomas R, Davies, Esquire Harmon & Davies, P,C. 2306 Columbia Avenue Lancaster, Pennsylvania 17603 (Attorney for Plaintiff) Infrastructure Technology Contractors, Inc, c/o BK Engineers and Constructors 1513 North Cameron Street Post Office Box 11617 Harrisburg, Pennsylvania 17108-1617 (Defendant) Thomas, Thomas, Armstrong Niesen B " /.,.. j y: I'" I "I~ <'(( , -r/j:(/ S~aron Dell-Gallagher, Secret ry ------- !'.~, i-"~ C' :'{, C "'-.":, ~-"' ".>.., f"" "") _:"'i (~ , ..: r..::' -' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. HYKES, INC. d/b/a B&B COMMUNICATIONS, Plaintiff No. 04 - 3105 v. CIVIL ACTION - LAW INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants AFFIDAVIT OF MICHAEL S. URION IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Commonwealth of Pennsylvania ss County of ()/j"dJr/~ / Michael S. Urian, being duly sworn according to law, deposes and says the following: 1. I am an adult individual and am competent to testify to the matte set forth below and make this Affidavit based on personal knowledge. 2. I am a bond claim representative employed by Sl. Paul Travelers ompanies. I have been assigned to handle the claims asserted by John H. Hykes, Inc. d/b/a B&B Communications ("B&B") under the Contractor Labor and Material Pay ent Bond ("Payment Bond") issued by Travelers Casualty and Surety Company f America ("Travelers"), as surety, on behalf of Infrastructure Technology Contractors, Inc. (" TC"), as principal, in favor of the Mechanicsburg Area School District ("School Distric "), as obligee, on a project known as Mechanicsburg Area High School, Addition and Renovations ("Project"). 3. ITC entered into a contract ("Contract") with the School District on the rojecl. 4. On or about August 10, 2001, B&B and ITC entered into a Sub Agreement ("Subcontract"), as amended by subsequent Change Orders, pursuant t B&B agreed to perform certain portions of the work under the Contract, inclu ing the furnishing of labor, materials and equipment necessary to install certain telecommunications equipment on the Projecl. 5. The Payment Bond provides that: ". . . (b) no action upon this Bond [ ayment Bond] shall be commenced after the expiration of one (1) year from the day up n which the last ofthe labor was performed or material was supplied, for the payment of w ich such action is instituted by the Claimanl. . . ." A copy of the Payment Bond is attach d hereto as Exhibit "1". 6. By letter from John H. Hykes of B&B ("Mr. Hykes") dated Decembe 10, 2002, B&B gave Travelers formal notice that it was asserting a claim in the mount of $134,453.56 under the Payment Bond for labor and materials provided by B&B as a subcontractor to ITC on the Projecl. A copy of the letter is attached hereto as xhibit "2". 7. By letter dated January 3, 2003, on behalf of Travelers, lack owledged receipt of Mr. Hykes' December 10, 2002 letter and requested that he pro ide certain -2 - information in support of B&B's claim and that he complete an Affidavit of Claim on of B&B. In the letter, I reserved all rights and defenses of Travelers, including limitation "defenses which may be available under any applicable notice and suit Ii provisions". A copy of the letter is attached hereto as Exhibit "3". 8. On or about January 9, 2003, Mr. Hykes provided me with an Affi avit of Claim signed by him on behalf of B&B in which he swore that the "date labor e ded or materials were last supplied" was December 11, 2002. A copy of the Affidavit of laim is attached hereto as Exhibit "4". 9. By letter dated March 2, 2003, Mr. Hykes provided me with inf rmation regarding a meeting between representatives of B&B and him that took place on ebruary 20, 2003. He advised me that if there was "not an immediate resolution" of B& 's claim, he "will have no choice but to have my attorney begin taking action against II parties involved". A copy of the letter is attached hereto as Exhibit "5". 1 O. By letter dated March 18, 2003, Mr. Hykes provided me with an" pdate" of the situation between B&B and ITC. He stated that as a result of certain paym nts made by ITC and certain credits that were given, B&B's claim had been reduced to $ 3,668.56. He stated that if the claim was not resolved "soon", B&B "will be left no choice utto take legal action against all parties involved". A copy of the letter is attached hereto as Exhibit "6". 11. By letter dated March 20, 2003, to lTC, I provided ITC wit copies of Mr. Hykes' March 2 and March 18, 2003 letters, and requested thatlTC prov de me with - 3- its position regarding B&B's claim. A copy of the letter, which was faxed to Mr. Hyk s that same day, is attached hereto as Exhibit "7". 12. By letter from Jeffrey A. Dukes of ITC ("Mr. Dukes") dated March 24, 2003, I was advised of a number of defenses that ITC had to the claim of B&B, includ ng the possibility that the School District might assess liquidated damages against ITC b cause the Project completion date was not met as a result of delays caused by B&B and t at B&B had not completed its work to the satisfaction of the School Districl. A copy of t e letter is attached hereto as Exhibit "8". 13. By letter to Mr. Hykes dated March 25, 2003, I acknowledged rece' t of his March 18, 2003 letter and provided him with a copy of lTC's March 24, 2003 letter in response thereto. In the letter, I advised Mr. Hykes thatlTC had presented me 't-based material defenses to B&B's claim, and therefore neither ITC nor Travelers was in position to make payment to B&B. In the letter, I specifically reserved all rights and de enses of Travelers, including all rights and defenses set forth in previous correspo ence to Mr. Hykes. A copy of the letter is attached hereto as Exhibit "9". 14. By letter dated April 1 ,2003, I resubmitted to Mr. Hykes by fax my arch 25, 2003 letter to Mr. Hykes of B&B and again reserved all rights and defenses of ravelers, including those set forth in previous correspondence to Mr. Hykes. A copy of e letter is attached hereto as Exhibit "10". 15. On May 16, 2003, Mr. Hykes called me to discuss the position hich I took on behalf of Travelers in my letters to Mr. Hykes of B&B of March 25 and A ril 1, 2003. -4. At the conclusion of our conversation, Mr. Hykes told me that he was going to: (1) a empt to contact the School District's business manager and/or architect to attempt to 0 tain a letter certifying B&B's work on the Project and the balance being held by the chool District; and (2) provide Travelers with a letter regarding his communications with ITC as of that time and as to whether or not the School District would provide a letter c rtifying B&B's work. 16. Notwithstanding the assurances made by Mr. Hykes during our May 6,2003 telephone conversation, I received no communications, written ororal, from Mr. Hy es until more than one year later, when on or about June 4, 2004, he faxed a lett r to me requesting that I provide him with copies of the Payment Bond and the Performa ce Bond on the Project. A copy of the letter is attached hereto as Exhibit "11". 17. By letter dated June 4, 2004, I provided Mr. Hykes with copies of t e Bonds that he requested (although I advised him that only the School District wo Id be in possession of fully executed and certified copies of the Bonds). I also recon rmed the conversation that I had with Mr. Hykes on May 16,2003, during which he agre d that he would attempt to provide the information detailed in paragraph 15 above. I furth r advised him that I had not received any form of communication from him following 0 r May 16, 2003 telephone conversation; that in that time frame the statute of limitations ad run on B&B's claim under the Payment Bond; and that I was formally denying the clai on behalf of Travelers. In the letter, I also advised Mr. Hykes that if he or B&B's legal re esentalive had any information that he believed would cause Travelers to reconsider its osition, he .5. should contact me immediately. However, neither Mr. Hykes nor any other represe tative of B&B contacted me or provided any information. Finally, in the letter, I again re erved all rights and defenses of Travelers. A copy of the letter is attached hereto as Exhi it "12". Date: ;1,AtJJ1 ~~ 2~ Micha~ S. Urian Sworn to and subscribed to before me this ,1.;l ...."Lday of Ill~ ,2005. jUd/?? a. W/~~ Notary Pu ,<' :,.\" " ' -6. ---- Cx~',~ t \ -------- I 1 ..IT"'\1" t:JI ~CJCJ"'" .1.'"t",t:J CONTRACTOR lABOR AND MATERIAL PAYMENT BOND KNI)W ALL MEN BY THESE PRESENTS: That l"ftfMSt1tUcnntE 'fECIIMOLOGf COIU.'1lACtollS. Ille.. 501 NORTH YOU SnEET [Insert name and address of Contractor) JilT!: 3, lfECllAlUCSBURG. PI. . 17055 as Principal. hereinafter called "Pr<ncipal,' and 1'll1lvt:UIlS CASlIALTY AJlD SIlUT1 CotfPA!ilY OF RlERlCA ONI! 'lOVER lIAIlTPOU. CT 06183 Onsert the legal title of Surely) as 5urety, hereinafter caDed .Surety" Bill held and firmly bound unto the Mechanicsburg Are~ School District, Commonwealth of. Pennsylvania as the owner Obligee ("the Obligeei. for use and benefit of claimants as herein below defined. in the amount of SIX ltlIMOUD Nnll:Ti' ..!!IOUSAHD SEVEN lMIDltED SEvt:IlTY----------GO/lOO Dollars ($ 690,770.00 ), or the payma"t whereof Principal and Surely, jointly and severally, bind themselves, th"ir heirs, 8X1!eutors, adminisll'atof'5, successors and assigns to the Obligee to pay for performance of t e C011racl., and firmly by tl1ase presents. WITNESSETH THAT: WHEREAS, Principal l1as, by written agreement dated entere~ intH a Conll'ad with Obligee for the Additions and Renovations to the Mec:hanicsbt4rg Area Se:.ior High SChool, MechaniCSburg, Cumberland County, Pennsylvania, in accordance witl d~iWing5 and specifications prepared by Crabtree, Rohrbaugh & A$soclates of Harrisburg, 'a.. which Contract Is by reference made a part hereof, and is hereinafter referred to as "the Contract;" WHEREAS. the Obligee is a "c:ontracting body. under proVisions of Act No. 385 of 1 e General Assembly of the Commonwealth of Pennsyl\"ahia, approved by the Governor on Mtdlanicsburg Area Senior High Scheel CF:A Project No. 1575 00601-1 ,.IIW....... ........ J HN-~' (- d1Cd~ 14;; ct:J December 20, 1967, and known as and cited as the .Public: Worlu; Contractors' Bon Law of 1967" (the "Act"); WHEREAS, the Act, In Seelion 3 (a), requires that, before an award shall be the Princlpal by the Obfigee, the Principal shan furnish this Bond to the Obligee, w' to become binding upon the award of a Contract to the PrinCipal by the Obligee In a with the Contract; and WHEREAS, it is also a co"dition of the Contract that this Bond shall be fumi hed by the Principal 10 the Obligee. NOW. THEREFORE, 'T1-IE CONOmON OF THIS OBLIGATION is such tha if the PrincIpal and any subcol'tractor of the PriI1cipal to whom any portion of the work u der the otl1erwise. this Bond shall remain in full force and effect. Agreement shall be subcontracted, and if an assignees of the PrincIpal and of any subcontractor, shall promptly make payment to all claimants as hereinafter define and material used or reasonably required for use in the performance of the Contra ,including any amendment, extension or addition to the Contraot. then this obligation shall b This Bond, as provided by the Ad. shall be solely for the protection of clai supplying labor or materlals to the Principal or to any subcontractor ot the Plinci I in the prosecution of the work covered by the CantlClet, including any amendments, eltt nsions or additions to the Contract, and is conditioned for the prompt payment ot all such furnished and labor supplied or llerfclTned in the pl'DsecLllion of the work. The term .Claimant,. vwhen used herein and as required by the Act. shaff i furnishing materials and labor (or the project, and pUblic utility serl/ices and reas nable rentals of equipment. but onl}t for p~s when the eqUipment rented is actually used at he site of the Mechanicsbllr9 Area Senior High School CRA Project No. 1575 0601-2 ." .)N1'1-01 c:.~ .L""to,::,U wort: Cll'Ien!<I by the C_tt. AS required by the Act, III. pnMs""'" of IhlI Bane! "hall be app ie:abIe whether or not !he material fumisI1ed or 11Ib0l' perforrnecl Iml..... into and becom..s a cDlT.pllne"t palt of the pUblic buildIng, pubDo wotl< or public: improyement eonlBmplBted by \h.. Corilraet Ar. requilllc! and provided by lIIe Act. thB Prinr:ip;ll and tI1e Surety agree Iflat .ny Cla/mlltll, who has perfomtlldlabor Dr (urnishecl matenallo the pfO$8ClJlion of the wor1< in act oI'cIance With Ihe Conlraet. ineluqjng any .mendmenls, e>:tensions or additio". to the Co'llnlct, and Who has 001 be"" paid Ihereior, in !uI~ before \he ".pir.11on of ninety (90) days afl'" Ih.. day on which claItnaol perform..ci Ihe fasl or sUCh labOr or furnished the last of Such m'~e~als for which payment is claimed, may instilule IIn mien upon this BOnd, In the name of th" elaimam. in assumpsit. to reeD\I8r any amount due the d'limanllor such labor or malarial, and mey prosecute such aclion 10 lIoeljudgment and may /1ay. execution upon the jucgrnenl. pI'>vidad, /lowever that: (oj any Claimant who hilS a <fRet conltadIRl reletiOllShip w~h any subconlrar.lar or IIle Prindpal, but has no ~onlrllCl\l81 relatio/lshjp, e.PI.s or Implied, with such Pl'inQpal may bring an adiCtl on \lie paymenl bond only if sllell Claimant nrst shall havB given ","lten nol;.;", 5elVcd In !he manner PI""lCled in the "'<:1. to llle Principlll within nlnely (90) II11YS from !he date upon which suen Claimant perlorm'lCllhe last 01 the labor or furnished the IIlSl of tile rnateria16 for which payment Is claimed, sl8ting ...111 subs1llntiQI aCCl1'lley, the amount elalrlled and the name of the perean for whom !he W011< was performed or 10 whDf1\ the miRerial was furnished, provIded however thar In the event of the bankruptcy of Ihe Principat, this requiremenl of notice 'hall be excuse!! and noliee may be gNan insleall diredly to the Surety; (Ilj "" ..<:lion upon rIIis Ilond shell be commenced after tl>e e~pinoIion of one (1) year fmm \he d..y upon w!Iidl It. last 01 the lebor was pe<formed or malerlal WllS sllI'plied, for the payment of which such action is in5tiluted by the C!Bimanl; (el ..very ae1iotl upo" this Bond shall be io!l1.iluled ei\her in the GOUtl of the County """'re the project und"r the Contrad.1s Ia be performed, or in \he United Stale District Court far III.. dialrid In which the pltljee(, or any part thereof, is SiNaled. and nol8lsBWh.ra; and t.lllChaIlIcsburg Area Senior High School ';AA PraJ<<ct No. 1575 00501-3 ~H~~(-~~ ~~.~~ ., .. (d) the Obligee sl1aU not be flable for. the payment of any Interest, costs, e penses or attorneys fees of any such suit This Bond is executed and delivered under and subjed to tl)e Ad. to which re rence The Principal and Surety agree that any alterations, Changes and/or adtfiti hereby is made. Contrad., and/or any alterations. changes llnd/or additions to the work to be perfo the Contnact. and/or any giving by the Obligee of any eldensions of time for tile pe the project work in accamance with the Contrad. and or any other act of forbearan the Ptlncipal or the Obllgee toward the other with respect to the Contract. andfor e reductibn of any percentage to be retairted by the Obligee as permitted by the Contract, sha 001 release, in any manner whatsoever, the Principal and the Surety. or either of them, or thei heirs, eXBculon;, administrators, successors and assigns, from Ii1Ibiily and obligations c1er this Bond; and tile Surely, for value received, does waive notice of an)' such alterati s. changes, additions, elltens;oO's of time, sets of forbearance andlor reduction of retained ntage. Mec:hanicsburg Area Senior HIgh School CRA Project No. 1575 00601-4 JHN-~(-~~~~ ~~.~~ "". ~VBl.EaS V L (Surely)- /11I'1) SllR!'IY COntAll'l' OF RIl<A (Seal IN WITNESS WHEREOf, the Principal and the Surely cause this Bond to be signed 8"d sUled this ] :JTIl day of JUlIE .200~ IltFRASTl.Uc;tu.t TtCIOlOLOGY CONTRA,CTO . nt. (Prin~pa~ (Seaij Wilnes"fAttllst: By: (Signature and TItle) W1tness/At1e$t: (Signature and Title) By: BETH ~. 8tAn!~ - VXTMESS (Signature and litle) JAl'Its .. GOUt.O - ATTORNEY Ill' "[ Attornev-In-Fact Certification .. The undersigned attQmey~in-fact by executing this Payment Bond certifies that he/she is licllnsed with the company named as Surety for this bond by (1'\lI Pennsylvs"ia Insurance Department and that to the best of hislher knowledge the said Surety is licensed with the Pennsylvania Insurance Department. Me::hanicsburg Area Senior High School eRA. Projec:;t No. 1575 00601.5 1........- .JHf...-t:l(-~VlO::> .L4+' e;,.L "'.':'" '- '. GENERAL INST~UCTION~: Please sign Where indicated. If Corporation. sign by P sldent or Vice-?resident and attest by Secretary or Treasurer. AfIbt Seal. If Partnership. sign y each partner and Vlitness signature of each partner. If Individual. sign by proprietor and ess. Indicate Surely company, sign by attorney-in-fact CPA Ucensed Resident Agent Only . obtain witness sigmdure. and affix Surety company's seal. Attach power of Attorney. with rnbossed seal, to this page. Mechanicsbtlrg Area senior H"l9h School eM Projea No. 1575 0601-6 TOTAL P. 12 fX~;~l\-- J ----- 01/17/05 16:56 ~Al "Cl"'.'" - BOB COMMUNICATIONS 971 _ MIl /lOIld,~. PI'. 17802 717-295-S555 717-295-5566 FAX 12110/02 Mike Urion Travelers tnsunmcc 1500 Marlcet Street Suite 2900 West Tower PhiladeIpf1ia, p' A f9'l02 267-675-3098 267-675-3107FU REf'" '". - ...~,,,.... ...... ~;..'~:" : ;':: .:.' ') .. ..".."...... []f'{' .1" ..- r.,,;:1, t..\..' J. ~;- (~oj! Mike, PH-- . ,.. . '1/'" ..... "-,: .....:., ,... t.:.:". ..;..;....-.;;.:.: Per- our telephone c:onvenalion and the fax I &eat you here i8 a Jetter notifYin& you tba we intend to assert a claim on bond number 1l>3333689. This bond is for the Mecbauicsburg High School aDd. the cotltraCtor WIlllnl working for is Inftastructure Tc:clmology Contracting Inc. Attached to this Jetter you will find a copy of our ofdct, invoices,Gbaagc otdClt5, adds and paymcIIt history, Also aUacbed is a leUc1: rrc, after many attempts to collect, stating that they win try to pay $5,000.00 per mo I immediately infonned Mr. Max McGee that this was not acceptable, and they have ot come up with any substantial payments. h far as the project goes we are eotnplete . the contracted work and have a small amount of Additional materials that are on bac order. I will include it detail of this as well. As you can see by the attached documents we have given rrc plenty of"opportunity t get current but they have claimed that they have no cash. According to the architect y flave fleen receiving payments when applied' for but B'&B' COmmunications as a sub ve not been getting paid for our equipment or services. Also take note to the amount of' e it hlls ti11nIti. to tece1\1t Wbat paymentS bll.Ve ~ mild!!. rrc's inability to make timely payments is putting undue stress on our cash flow and will IlJ>lACuiate atry lrefp' we carr get. This sitcartion' is !J1lifdng it diffi6aft for B&B Communications to do business and we are anxious to get this behind us. Respectfully Submitted, .a!~~r.. ~. Ul/1J/U~ ~o;al rAA 11/11/Z001 10:S1 FAX 717..7141. /. ~ INFRASTRUCTURETECHNOLOQY CONTRACTORS, INC. S07 North YOI1c: Street. Suite 3 MeohanIc.burg, PA 17055 Phone 717-691-2416 Fax 717-697-2499 ITC (Ne liD 005 ......J DATE 6;- f) (J'l>'NY\t.M. cnJ.,~", ~ 1Hu4 ORDERED FROM PLEASE ENTER OUR ORDER IN ACCORDANCE WITH PRICES, DEUVERV AND SPECIFICATIONS GIVEN. '.. ~: DATE IlEOOIIlED SHIP VIA fCNWI'CIr...__G1I.......!.\.tI "IIIl ,tho IDO ( o {7 0(;) ,..... ~ .". . . :lCHOWI.ElICE llNlER IIBlIATELY AHIIIF NI'f "II CAIlHOT BE StaPPeo oMP1lY. NOTIFY us. ec .. . _J Ulllllua ~u.~o CA4 DETAIL OF WORK TO BE COMPLETED Additions to Mechanic.'lburg High School Clock System See Attached PO PO# 1456 Amount $1735.85 Invoiced $1677.35 Balance $58.50 Due to Surface Clock Boxes on Backorder- Ul/111U~ ~o.~~ rAA I1/JG/~UUZ 14:UU tAA 11/UWI~4~~ "tOt v..... 11\..: IN~ ~ E ORDER 1456 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. 507 North York Street, Suite 3 MechanJcaburg, PA 17055 '---' Phone 717-697-2416 Fax 717-697-2499 DATE SHIP TO 11.......80.. u...... 0........ NlI'IlIlI ORDERED A 4-B (' -o,f"l1O\LV\:c.-,h.n,,> FROM .fi:?o PLEASE ENTER OUR ORDER IN ACCORDANCE WITH PRICES, DELIVERY AND SPECIFICATIONS GIV DATE REQUIRED 8HIPYIA__.........O_....._ 3 I 7~ \...;. ACKN01VI.EDGE OROI!R _DIATElY AND IF ANY !TEll CANNOt BE SHIPPED PROIIPTLY, NOTIFY us. BY AU !ZED SlGNATUIlE . <1(, p_ ~ 01/17/05 17:02 FAX ~~~~8~~ S'S'iiifa~)> c~i~[~g lia:~::1 U~ ~goii 0"5" One < 1lI~a.- 3-2- g;S'~ ;!;H ~ - 'g.a- :I ~ U1" :I fi" ~ ~ ~ II g ~ il O:a tt. 5i. o ::J i a 5" .., ~a ~ l:~~~ Gi~i gi:l~g .. .... ~u.... ~ ~ ~q~oS~~~~5 ~~~Sl;l;~aa NNNNNf\J~NN ~C:;;~:::leeii~~ ~~~~~~~~~ N.I:lo(')~CDOt i..... ~ ~~~t~: gg~:!g~ ~&&~&& i i i m i i ~-l~~~~ ~I[~[a .8 .8 ~~II~I ~~~~~~ :r:r:r:r:r:r en en enUl en en ... Ul ~ :.. ... ... ... ~""~<(A" "''''''''''I\)", ....~o"'...o .....,(I'IO)U1CX1C ",og' 000 0"10 000 ... en ... :;;! :.. '" ... ... .-.Io-&tUt~Uta_ O)C>>(AJU)N(.) :::lc:;;gll:~g "'00000' 0"100000 000000 "O"ll"ll"ll"O"ll mmmmmm zzzzzz :!j.f ~I~ Iii -l~U1 ~50 ~5I.i .8 l5: II~ ~~i iJiiJi2 ... ... ~~ ~~ .,.'" bb 00 1S1S 00 00 ~~ p.p. ~ UI 1\)' g~ I\)~ ::I < o I i' ~ 'It ~; .. ( Ii ( 3 ( ~ ~ - ( . r ( r . ) f r ::J ~ [ & g' iI ::I S o al ::J Z i ~ en ~ .. [it~.~J 3 -~ Travelt...lsJ 1500 Marlc:et Street Suite 2900 Philadelphia, PA 19102 Michael Urion Bond Qaim Representaci Travelers Bond Phone. (267) 675.3098 Fax.. (267)675.3102 E.1rUlil: Mike.5.Unon@lra lers.com January 3, 2003 B&B Communications 971 Ranck Mill Road Lancaster, P A 17602 ATfN: John H. Hvkes Re: Our File No.: Bond No.: Principal: Obligee: Project: Travelers Cas. & Surety Co. of America 092SC1f020339~ 057SB I 03333689BCM Infrastructure technology Contractors Mechanicsburg Area School District Mechanicsburg Area Senior B.S. Dear Mr. Hykes: This will acknowledge receipt of your recent correspondence and shall also serve as a fo follow up to our telephone conversation of this date. You have alleged that Communications is owed more than $130.000.00 for labor and/or materiats supplied 0 Mechanicsburg Area Senior B.S. project. It is Travelers understanding that Communications is currently in receipt of a $5,000.00 check from ITC. It is Travelers' further understanding that B&B Communications will accept and this check with the understanding that it serves only as a payment towards the invoice that is stated on the check. B&B Communications has advised Travelers their cashing of this check is in no way to be construed to be a full and fmal settIeme B&B Communications' respective claim or that B&B Communications has agr to enter into lTC's previously proposed, and subsequently rejected $5,000.00 a m nth settlement offer. In order to facilitate our independent investigation of the claim, we request that you pro ide copies of documentation supporting the claim to the extent said documentation has not n previously submitted. .At a minimum, the documentation should include the following ire I. Copy of the subcontract and/or purchase order along with any modification or approved changes to said agreements; 2. .Invoices and signed delivery receipts; 3. A statement of account; 4. Copies of all correspondence, between B&B Communications and Infrastruc e Technology Contractors or others relating to this claim. C-i /) Travelers B&B Communications January 3, 2003 Page 2 5. Copies of all notices, statutory or otherwise, which B&B Communication has furnished or served upon any person, agency or entity regarding this im, including, without limitation, liens, and notices of claim, demands or legal proceedings. Although we expect that the above listed items will provide us with valuable info tion regarding the claim, our inquiry is not timited to those items. Our purpose in requ sting information from you is to develop a complete understanding of the circums ces surrounding the claim. As such, if other information or documents exist which yo feel would assist our evaluation of the claim; we ask that you furnish that information as wel. In the interim, we will correspond with Infrastructure Teclmology Contractors to ga' an undersumding of their position. Enclosed herewith is an Affidavit of Claim form which we request that you complet and return to us along with any documents not previously submitted. Please be advised that our providing this Affidavit of Claim form does not constitute a decision on the me of the claim. This correspondence and all prior or subsequem communications and/or investigative e orts are made with the express reservation of all rights and defenses which Travele or Infrastructure Technology Contractors has or may have at law, equity or under the te and provisions of the bond and contract documents. This reservation includes, without limita 'on. defenses which may be available under any applicable notice and suit limitation provis os. Subject to this strict and continuing reservation, we look forward to hearing from you. Enclosure ce: INSURANCE & SURETY INC-AIto: Ed James, via facsimile: 717-737-7062 Infrastructure Technology Contractors-Attn: Max McGee Mark Bowes-Phila. Branch, via facsimile: 6t0-650-M46 File C-J 01/17/05 16:47 t~ Jl-tHl7-2005 14'22 P. 18/36 CONmACT SU1UlTY BOND AIrJfluA VlT OF CLAIM I. This clllim is beblg made apl1W' (1IlIII1C ofbondcd priuclpal) 2. ClaIm Number: (if 1aJown) 3. Bond Nm:obor: (if known) 4. Project: 5. ThIs Claim Is being submitted OD behalf of: (name and address of your c~IlY) 6. This affidavit is executed by , who scrYe In the 'ty of: (title) 7. Type of material supplied or labor fumishcd: 8. Date labor began or mat.crla1s were first supplied: 9. Date labor c:nded or materials were Jast supplied: (do DOt include warranty period) 10. Name of cmnpany your firm had a amUaCt 'With if dlft'erent from the bonded . 11. CONTRACI' ACCOUNTING A. Original Cou,ttact Amount .$ B. Approvecl Changes in Coutract Amount .$ C. Total or Adjusted Contract Amount $ D. Value of Work Performed or Material Stured .$ E.. Petcc:ut of RePin..ge Withheld % F. Total PIl)'DICIlfS Received to Date $ 'G. NctClaim .$ 12. Date of Notice to OWner: 13. Date of Notice of Nonpayment to BoDded Principal: 14. l>ate of Notice of Nonpayment to Surety: 15. "'''''''Names (and 8DlOIIIlts due) of your subcontractors and suppliers wbic:h an:: owed on Ibis project: 16. Have you assigned your rights regarding this claim to another CDtity? _If 80, Who? 17. Has the GeDel'aI Contrador/Bonded Principal been paid by the Owner for the W dJat Is the subject of this ~llIlm? IllIG, "hell and bow much? Tho Undersigned Hereby SWears that the Information Provided is True and Accurate to the st of His or Her Knowledge Date SignatUre Date SUb$a'ibed and Sworn Notary Public Note: . The Surety's atleQtiou 1-'t1diug but DDt Iimikd to ill funIIsblng of this Affidavit of Oalm is witboui rejudlce to !be Surely 01' III PriDclpal. All rlghllllld det_ an> expressly rescr-.w aad !be COIIdiCIoII8 of dill are DOt wal~ PIeuc aUII:h ~ supporIlDg docn...-totlon 10 this form. Ol/11/U~ lb:" rAA JH't""tl'(-~ 14:22 1>1__ ~ "AD1 peno4 who Imowha&IJ aDd with imut CD ""are, defraud, or ......... "'-""lIt fIl claim or llb ............... ..........."'1 UJ r.., iIIcompleCe. or m"'~rd'" of a NImy bl die third cfecree." P.l9/36 ....~ aoleJ PunuaDt CD F .B.A. 713.35. "Ally pc:I'SOII, arm, 01' corporadon who IalO 1Io'-flnn.~ mabs or runailbes Co mother penou. firm, lII' eGI'pClI'Iltloa a wrIltaIltldem .r 811 affIda.1t, whetIaer 01' bOt wadel' oath, --"'8 false 1Dl000000doD Oollt the ~ sub_truton, mlHubcodtl.....n, or supplien In eo""""&ll wicb the IlDpnwement or this SClIte ImcnriDc that the ODe Co whClJll it was CandsIaed might Ply oa It, III1d tile ODe CD. l'urPJslaed will part wItb draw payments or filial pa~ reIyiag Oil the trIIth .r mch lnducemellt to de .. . &uIUt1 or a felony of the tbh:d degree, p"";~h"'1e as pro'fided In I. 775.083. T0203397-B&B Communications r; ;h.k;1 ~ Y ~ 4 A '-~ ::~:~~';::"'. ~ CONTRACT SURETY BOND AFFIDAVIT OF CLAIM - 1. This claim is being made against: (name of bonded principal)"'" Fr" '''vl.-.,.,. i 2. Claim Number: (if known) 3. Bond Number: (ifknown) io~:;~_ 4. Project: <:<.\"'a.,,,,<..,> .~< I{.; k S.::..'"-oal 5. This ~Iaim is being s~bmit ed on ehalf of: (name ~d address of your company!. GTe:. <...,>O.,"'''''-u..,.;.<..'-' """> C),/ IZ...""K Ii Rd, <An '" l-er ~. J 6. This affidavit is executed by :to "'-,) U. /..l..t/<.e ~ , who serve in the cap (title) 9 r<:.,>;-2Jc......t . 7. Type of material supplied or labor fumished: ,,;-kru,", c.lod<. "'UJ"~ + Iv 8. Date labor began or materials were first supplied: I - ~ - () 2. 9. Date labor ended or materials were last supplied: (do not include warranty period) I . /I ~ cl :L 10. Name of company your firm had a contract with if different from the bonded princip 1: 11. CONTRACT ACCOUNTING A. Original Contract Amount B. Approved Changes in Contract Amount C. Total or Adjusted Contract Amount D. Value of Work Performed or Material Stored E. Percent of Retainage Withheld F. Total Payments Received to Date G. Net Claim .?05 Cj€>.s~< ot> (1,00 el"ck5. jJ~ ..:;t:....e-.s 12. Date of Notice to Owner: /1 - I::> - - 0 ').. 13. Date of Notice of Nonpayment to Bonded Principal: 14. Date of Notice of Nonpayment to Surety: /;l-O:2. - O~ 15. ***Names (and amounts due) of your subcontractors and suppliers which are owe project: :)te.~......t- x....t- o~ 'i-~"-6.. money on this 16. Have you assigned your rights regarding thi~ claim to another entity? ~ If so, Who? 17. Has the General Contractor/Bonded Principal been paid by the Owner for t the subject of this Claim? i<-~ If so, when and how much? :z: v..>"", 11:::.\~ ~"t" o-.~ c"" oCJ\;:z.~ 63:>~."" "^'"""'" p"",.1 :t.'........ Nc:.\- "So-r:, }.-'c..".i Mv~ iA..k..., I-~ Ou-r VUQrJi;.. e Work that is :rt-c.. The Undersigned Hereby Swears that the Information Provided is True and Accura or Her Knowledge /h/()!J ~J4 ?J~/9/~ Date . nature Date Subscribed and Sworn to the Best of His " Note: < . . ".,- ~;~~,. ~, :.:.p~'3 The Surety's attention including but not limited to its furnishing of this Affidavit o(C:!,{ is'V.iftliOiii'preJuaice to the Surety or its Principal. All rights and defenses are expressly reserved and the condi ns of the Bond are not waived. Please attach requested supporting documentation to this fonn. '. .:::7:CCi,;P-;-::: ---- t )(~.h\- r; ~ ~ ". \.~ :~::~:'~,:,':"''" 03/03/2003 07:52 71 7-295-5566 B&B COMMUNICATIONS r-~cu:. tJJ. . BOB COMMUNICATIONS 971 Rancl< MIll Road. Lanco8\er. PA 1760Z 717-295-5555 March 2, 2003 717-295-5566 FAX Mike Urian Travelers Insurance 1500 Market Street Suite 2900 West Tower Philadelphia, PA 19102 267-675-3098 267-675-3107Fax Mike, I am writing this letter to inform you about the meeting that took place between McGee, Jeff Dukes and myself on Thursday February the 20111. The situation of payment for the Mechanicsburg High School project was discussed, but no pay ent or plan for payment has been made as yet. I was asked what I would be happy ith and I stated that I need payment in full. They informed me that the School has een withholding payment due to their nonpayment of suppliers. They indicated that hey would be meeting the following day with the school and the Architect to arrang a dual party check for payment that was still due. I was promised a oall by Monday at e latest to inform me of the results. On Monday I called the schools' Business m nager Mr. VanDrew, he said that no such meeting took place. When I reached Max Gee he said that the Architect failed to "run in to the correct person" which sounds t me that no meeting was actually planned. I called ITC several more times during t e week and was told that the Architect went on vacation and they would let me know at they could do upon his return. Saturday morning the 1st of March I received a II from Mr McGee informing me I would hear from him Monday AM with information r arding payment. This whole situation has been very frustrating and seems like a major runarou d to me. B&B Communications has been waiting much longer than necessary to r eive payment for materials and services provided. I believe it is time to put some p ssure on the principals of ITC to do what they contracted to do, which is pay their bil in a timely manner. If there is not an immediate resolution I will have no choice but to have my att mey begin takIng action against a/l parties involved. I cannot sit and watch lTC's in bility or unwillingness to pay what they owe destroy my business. n H. Hykes B&B Communications \\0 ----- " .. .'"''''''''''-''' ~..,'",''''' ~ xh~\)J 0 E 03i20/2003 12:44 717-295-5566 B&E COMMUNICA I Wl'b BOB COMMUNICATIONS 971 Ranck Mill Road. I..llncasl.r. PA 1760< 717-295-5555 711-295-5566 FAX March 18, 2003 Mike Urion Travelers Insurance 1500 Matl<et Street Suite 2900 West Tower Philadelphia, PA 19102 267-675-3098 267-675-3107Fax Mike, This letter is to update you on the situation between B&B Communications and ITC. On March 17111 I received a check for forty thousand dollars towards their account fi the wotl< at Mechanicsburg High School. This payment and the telephone system credit of $20,785.00, reduces their amount due to $73,668.56. I need to inform you that the letter ITC sent you on March 4th has some incorrect statements included. The indication that the district may impose liquidated damage upon ITC because of work not completed by B&B Communications is false. I contacted Mr. Dick Kastner who is the architect for this project and he informed m that the statement ITC relayed in that letter was never made. I've also been told th any monies not released to ITC were not a result of B&B Communication's performance on this project. The statement about the O&M manuals was true, even though rrc never request them. We have since turned these manuals over to the Architects office at Crabtre Rohrbaugh and Associates. It has also come to my attention that the amount due from the Schoof to Irc is mu less than the amount that rrc owes B&B and others on this project. It is evident th t previous payments made to ITC for this work was not used to pay the parties who actually provided the materials and labor involved. Please inform me how and when I can expect to be paid for the work we provided. f we do not have resolution soon we will be left no choice but to take legal action against all parties involved Regards, &H~~.?LI B&B Communications H'.;n:. U..L I~ ~x~,\)\\ '1 ~ MAR-20-2003 16:19 t'(t;LIHNU:: '=>tYJ::lr HU \..Li-lll'''' TraVelersf' 1500 Market StIeet Suile 2900 Philadelphia, P A 19102 L~J ~ ~ ~~ r.~~/~G M<<:Itoe!VrJ()ft Bcmd Claim Reprcscn \-e TraV</"" Bond PIu>n" (161) 615-3098 Far.' (161) 61HIQl E-lNla.. MichodS..Uriorr@/Nl ..:om March 20, 2003 VIA FACSIMILE ONLY TO: 717-233.2S~ In.frastructul"e Technology Contractors C/o: BK Engineers & Constructors P.O. Box 11617 Harrisburg, P A 17108-1617 Attn: Jeffrev A. Dukes. Manal!er Re:. Our File No.: Bond No.: Principal: Obligee: Claimant: Project: Travelers Cas. & Surety Co. of America 092Scro203391NR 057SBI03333689B~ Infrastructure Technology Contractors Mcchanicsburg Area School District B&B CoIIlIl1Wlications Mechanicsburg Area Senior H.S. Dear Mr. Dukes: As you are aware, a claim has been presented against bond 057SBI03333689BCM by B Cornrmmicatioos. B&B Communications bas provided additional correspondence March 2. :2003 and Marcll18, 2003 respectively which it believes supports its claim. C of each are attached fo,r your reference and appropriate response. The views of Infrastructure Technology Contractors on this matter are important to 5. Wimout the valuable input and active involvement of InfrastrUctul"e T eclmology Contract rs with our independent investigation, it is difficult to fully evaluate this new infonnation and t5 bearing on the claim. We request that Infrastructure Technology Contractors kindly provi its detli1ed written response to this new claim infonnation, your written response shoo d include copies of all documentation supporting its position. Be advised that should Infrastructure Teclmology Contractors dispute all Of any portion of revised claim amount, it is necessary that Infrastructure Teclmology Contractors provi T11lvelers with full particulars on the disputed. amounts. With regard to amounts noc .ydispute, we request that Infulslrnctul"e Technology Contractors immediately discb.arge i obligatioD to B&B Conununications and Travelers by making payment of any undispu amouDts, thereafter providing Travelers with copies of release documents evidencing p . or complete satisfaction of the claim. Thank you for your Drompt attention to this matter. 00 010 c... MAR-20-2003 16: 19 RELlRi'K:E SURETY HJ CLAIMS ...&a....-~Ii:Io au:JU ,;t; 215 864 010 P.02/02 Infrastrocture Technology Contractors March 20, 2003 Page 2 , Aaaclunents cc: John H. Hykes--ria facsimile: 717-295-5566 File C~. T>L P.02 00 011 / 8 txhobJ t ---- r..,nnHJPA". ,.., .'OCAI" P.3V36 NFA U E T C~N ~aQY CON'I'"..CTOllle MC2. March 24, 2003 Mr. Midlacl Urioll Trave1as SUrely 1500 1JlMket Street Suite 2900 Philadelphia, PL 19102 R.e: File No.: Bond No.: obligee: Claimant: Project: Travdm Cas. & Surety Co. of .America 092SCT0203391NR OS7SBI03333689B~ Mecbmics1mrg AJea School District B &; B CODIInUIlicatiOJlS Mecblmios1nlrg AJea SCDior lLS. Dear Mr. Urion In1iasIruDture Technology Contractors (lTC) has reviewecl the correapondcm:e attachr4 to your letter dated March 20, 2003 &om B &: B CommuniCati01JS. rrc respectfl1lly disagrees with Mr. John Y. HyIc&s take on liquidated 1I....."81lS. The archilec:t to~ US tha 1M school district might assess liquidated dRmIlgeS because the project completiOll date wu not met. B &: B luId lIot completed their work to the salisfaction oflbc owner. Secondly, rrc bid to change CATV lines bcoausc B &; B gave liS tho wrong wire sizes. We ate in the process of calcularing !he total dollar amount that B &. B cost US In Iabot mataia1s to maIcr: the proper cbaDJICS. To B &; B 0WJl admiSlioa, they improperly submitted the 0 de M Mauuala. They should have 8art than to \IS so rrc hat . paper trail ill Ot'Cler to complete the punch list. We b called the uohitcct to c:onfirm if they received the manuals. To date, we have not (eC~ved c:ontimudion. rrc is worldng to finalize all bac.kcharget IIId any possible delay cost that may be assessed by rho district and will forward any undisputed amolUllS to B &: B. ...,,-" I Man..r D l'2~ 1--) 6 X~\~,r 9 IW u~u _~'L"U~ 16:50 FAX JI'f.I-07-2l1l05 14' 24 li'aveler~ 1500 Mabt S\nllIt S.2900 PbiIadoIphla. PA 19102 P.25/36 .. _...... March 25. 2003 B&B CommusUcatioos 971 Ranck Mill Road Lancuter, PA 17602 Attn: -lob Hvk.c:s Re: Our FIle No.: BoocS No.: PrincIpal: Obligee: Dear Mr. Hykes: We acl:nO'wkdgc RlCeipt of your correspoodeDce dated Man:h 18. 2003. Upon our lha1 ~. it was knmadlalely tbrwan:Icd to :&rliaslru.ctur Technology C cia BK Engineers (rrC) 110 Ibe atIIlnlion of 1ctfBy A. Duk:eIi. You an: aware 0 forward1Dg of your ~ 110 rrc lIS you wcte caJbon copied via facaimlIc Ietrer to ITC dalCd March 20. 2003. 'lia\'dorl Cas. & Sumty Co. of An1crica 092SCl'0203397NR. 05?SBI03333689BCM ~ Technology ContnIctora MeoblInicsbmg Area School District Travelers Is in m:elpt of a ftmnal respomc from 1effrt:y Dukes of ITC {CIarding the usertioIls outlined In your C01l~ence of Marcl1 2, 2003 and Maroh 18, 2003. We e aUached a copy of Mr. Dub's m:poose for your review. PIeasc be advised that Mr. Dubs has ~ and contlnuea to present mcril-bascd deblses as to why rrc is cumlIltIy not. In a position to extend 00JISlderatI0n rcprd/ng paymc:m of any ..Mi~ mouIcs 110 B&8 ComrnunIcatioDII. rrc willllDt be In lIlY position . extend my !lUcll COllIlideralion to B&B Communications until such Ilme that any exposure rrc may have to either being backtharged amJor liquidated damages being assessed a tbem by die School Dislrict are forma1ly known to rrc. As Mr. Dukes has stated. once ~ are IaIown and properiy IICWWlIl!d for. lIlY undi&ptlll!d mlOIInIIl will be fa . to B&8 CotI1mnnl<:aWm.. We tt1Ist that you wID llDderstalld that we support both rrc's currenl ralionalc: and position regarding Che claim submilkld by &U Communicalions. It Ir\Il8t be undetstoQd that our B$SUDlption of IId8 positlors abould in no way be COIlSlrUed lIS a position of mere convenience on Ibe part of die lIUrety. Our Invcstlgation of Ibis matter cnm1m."$. and will cotItiuue until lIUCh tlmc that rrc Is In rccc:ipt of the pertineat information that it needs to decide the proper disposItlon of lhia matlI:r. In !be Inlerim. $bould you have any quemons. yOU may fuel feee to C:onlact the undersigned. 'Ibank you for your continuing cooperation. v~,~(,u~ 16:51 FAX JAN-07-200S 14'24 Travdenwlll1Ulce B&B CoInmuniaation8 Maroh2S.2OO3 Page 2 We eooliwe lO I'l:$ef'Ve an rights and defenses III Che premises as set forth in previous .:ol~'Mc,uce to you, Sincclely, ctF- cc: Jn1iastructure Tecbno1osr Contnlcfms-Olo: B.K F.nginecring Alto: Jaffi'cy A Fnnb ~ <e.lv.... P.26/36 aM our """ 10 CX-hlt) 10 ~ '" ".I ::~~~~:"". """ ~1/1(IVa ~O.~~ rnA JAN-07-2005 14: 25 uavelers" 1500 ~SIleet Sube 2!100 PbiIadeJpbIa, PA 19102 P.29/36 MIdwi LWM /ltHl4CWo -.- I'MM (lf1) I7UDH Ftut; (Z61J 61UIII2 E-lfIIIII: M/<Mtl.s. ."". April!, 2003 Via FaesbnIJe Olllv to: 717-295-5566 B&B CoDl111UDioations 971 Ranck Mill Road ~aster. PA 17602 AUo: Joha B~ Rc: Our FIle No.: 80IlCI No.: PrlDcIpaI: Obligee: Travelcts Cas. &. Surety Co. of America 092SCI'0203397NR 0S7SBI03333689BCM Inliutruoture Technology Coalt'aetan; MecbaniClbutg Area Sohool District Dear Mr. Hykes: Please aDo,.. our re-submiUaI of th111e<<el' via facsimile III ~ as Dill' respIlDSe to vo;.-.n Rot,a-uest of th19 date. We acbIowledgll m:elpt of your eorrcspolldmlce Mardl18.2003. Upon our receipt of that corrcsponde:ncc. It was immedlaIe1y to IDfiuIrucIure TedmoJogy Comractors c/o me EngiDeerI (ITC) to the &ftP.nIil\n of Jeffrey A. Dukes. You are aware of our furwanIiD& of your COfies~ to ITC as you were car copied via fiK:s1mi1e on our Jetter to rrc da1ed MII\'Cb 20. 2003. Ttavelen II in receipt of a fonnal response from Jeffrr;y Dubs of ITC regarding lIlI!IerIJoas oufllDed in your COfftl6lIOadencc of March 2, 2000 and March 18. 2003. ._hrd a ClIIDY or Mr. Dub', MlII'cll 24. 2OQ3 -'"" III Traveler5l'or TOUr reriI:w. PIeuc: be advised dJat Mr. Dubs bas pteSC:lltad. aad __'lnlles to prellCllt meril-based IIlale defellses III to why lTC is cunem1y IIOt in a position to exteDd consideration ~ paymeat of lIlY additIOIII1 DIOIIIes 10 JI&cB CommtmIcatioIIs. rrc wIDllOt be in lIlY position to elllIeIId any IIUCh cousldetatioo Co II&Il Cnmmnnlcallons UIIIi1 sw:h time dial any CJqlOSIUe I rrc may have to ciIIJe.t ~ -.lnit.~ mI10r I1qoidaIlld damages being assessec.l them by die ScbooI District are fo11lUll1y IaJown to ITC. AI Mr. ~ has awed. once ClIpOSIlle5 are tDoWJI and properly """<11'1'''''' for. any \llldisputed amounts will be to B&B Com-lDjc.otinrn<. We ItWIt Il:1al you willllJldetsllU1d !bat we SUpport boIh ne's currenl ntIoIIa1e and pasl rellard!ag the claim suhtWHM by B&B Cnmnmn%:atiOlL'l. It IJlIISI be undenrood that ~ of 1hls positlon should In DO way be CXloslnJed as a position of mere convc . on die pan of the surety. Our lnvesdgadon of Chis ma(tet CXIIIIinues. and will COI\tinuc un such time lbat rrc is In receipt of !he pertineDt lnfonnation that it needa 10 declde the P dIspoaitloll of Chis maIfler. b1lhe inlmm, should you have any qucstJOIII. you may feel free COlIIlICt dJe UDdersigncd. ThaJIk you for your coatln,,"'Il coopenatloa. '1/i7l05 16:53 F1AX... ~ .J"""'-O(-~ "LV . navelcrl .....l'lIIIee B.ltB nm..u.lliwtions April I , 2003 Page 2 We cnntlnQ(' to reserve all rights and dcfcales in lbe premises as set f'ortb III Ihb and r previous COUOSPOIKJeno::a to you. - cc: lnfiulruotunj TcoImologyCoolrllclOrHlo: BK Bnglnellring AItn: .Jeftrcy A. Fnmks File ~UJl P.3lV36 C.JO txhibit /J -- A "J:::::\';::"'" 1 01/17/05 16:45 FAX J~(-21"13S 14: 21 COMMUNICA"ONS 117'1 I'lIlnclc MQI Road. ~atef. PA 17602 "117-295~55SS June 4, 2004 Mike Urian Travelers Insurance 1600 Maril:et Street Suite 2900 West Tower Philadelphia, PA 19102 267-676-3098 267-676-3101Fax Mr. Urian plEiase fax a copy of the payment and perfonnance bond Immediately for the Mechanicsburg Area High School project. Bond No: Principal: Obligee: 057SB103333689BCM Infrastructure Technology Contractors Mechanlcsburg Area School DlsttIct Fax To: 717-295-5566 Any questions regarding this request may be addressed to John H. Hykes @ 717-295-5555 .~ ,1i/ ohn H. Hykes B&B Communications P.14/.36 "-- fyh:bJ )1 ~ 1 ft .. .'"'1\U''''.''''' ~..'"''.''''' ~UL.1 Oi/17/05 16:48 FAX J~(-Z005 14:22 . TravelerST' 1500 ~ Suecl Sub 2900 PbII8deIpbia, PA 19102 P.20/36 II/dIMII UiM JolW/ CIiIIIo .. 71'1_..- ,.,....., (X7) ,n, FII1l: (167) f7UID1 e-I: 1./1dJINU. .... June 4. 2004 VIa );',o.....mfle to: 717-295-5566 " Rr.guIal'Mail B&B Communications 971 RanclcMillR.oad L"''Y'.*,PA 17602 Attn: JOhD H. Re: Our File No.: Bond No.: PriDclpa1: Obllgee: TrawlmCas. &. Surety Co.. of America 092SCT0203397NR. OS7SBI03333689BCJd Inftastruc;Iuro T~o8Y ContnIotors MedluJaibarC ARll Sellaol DIstrIct Dear Mr. Hykc5: PleaSe allow Ibis correspoodcaI:e to &em: as both a respoIW' 10 your facsilnilcd a fotmal !ollaw-up 10 our lll1ephoue CODVetS8dOD. of this darD. BncIos.ed per your TnIveJers' n:speCtive copies of both Iho Perl_Ance and PamleDt Bonds fur refereDced pJOjecL A:$ we "u..u~, only 1be 0bIiga: would be in possessioo of. executed m:1 cer1ifled oopiea of !be Plo.h4WICC lIDlI hyment BOIlds fur !be project. ,o~ As you were previously advised. Tra.'Yder received II ibmlaI mspouse froll1 Jet1Jcy rrc reprdIu& dIo ~ tb8t were oudiDed in your w..~nt'(' of bolh 2003 m:1 MaIda!8, 2003. Trllvolm.' reaponsc 1cuer 10 you of April 1, 2003. . of Mr. Due', March 24. 2003 ~ 10 Travelers for your nsvlcw. 1be last COO betweca you IJId tbo UIIIlt:nlped 0CCIII1llCI ell May 16, 2003. It was duriDg !bat dw you Idviscd die ~ 1bat you did IIl:lt agree willi rrc', Blated poIitian you had ouppORdIy been In COIIllICt wi1h CIIe BuslDoss Mauager of tbc M~.h"m,.'Ibu School DiItdct. 16 . , the . 1. ObtaJu.~) from the Busiaas MaDagec and! or the ArdJiteet that would _ to couflna IIlat MB CcntJmuDlaltiom' work on the pooJ was .-......,. ud that the 0DIy alIe&ecD1lalown balallce that _ bebI& held '/ the School DIstrlc:t regardhIg IUIY oUIIlB's pll.S5i"b1e WClrk was $15,000.00, 1. Pl'o'ride. foDo\NIP letter to Tra..... outlbliDg 1OlU' tIIen receDe 'With 1TC aad Q to whdber or IlOt die SdJooI DIstrict woaId aduaII1 pro you with lIUda . IeUer as described In 1. eo. 01111/U~ Ib:4a ~AA -" JFlrm-2005 14'23 T1"avelen lDsarauce B&B ConmwniClltioru Iune4,2004 Page 2 P.21/36 As of !he d.uc of this lerter. Travdets has m:civcd no wrillr:D reply and/or stalUa regardiDg eidlcr 1 or 2 as outlined above. 'I&.cfuie. pursuant to our April 1, 2003 letter to you. Travelers will. In IIItJI, coatI<\l... to wert thae Mr. Dukes has TrllvclcCB with wbal appear to be meriHJ:iscd marerial MfmM. as to why rrc Is pay any addlrIooaIlllDI\ of ~...~ ImJIies to B&B CoouwnlcatiODll. As p" our lelephor conv......af,.,G of rbl& dale. It lq)peIICB as though rrc is stlll position to 0ltlieIId any consIderatioa of B&B Cnrmmn",...tinns' submlaed claim. IIIId will oot be UIIti1 a1ler lIIICb lime that any JIOl=dal exposure tbar roc may bave ~~qecl aDd! or asilC'ssed any IlquIdated damages by 1be Obligee m formII1y to ITC. As Mr. DuBs has aftJnued. once tbeso eJqlOSUI'eJ are supposedly and properly .:counted Cor, \bar any available and 1JDC()1l~ IID1OII1lI that supposedly 'may be due to B&B Cnm-.>l{rso\kms will be paid. 0IIce again, we trust dlat 10ll uudentmd Ibar we a~ rrc's position. Also. 0N:e Il1IIliC be clearly UDlIenIOCld tbae Travelers' respecrivc lIBSlIllIPtiolI ami . position should in DO way be CODSa1Ied lbae it is ODD of mere convenience on our part As we also IfilnIs9"d Ibis dale. it appears as tbough B&B CllIIIDlIIIIication's of limilations regardlug B&B C.nmmnn"'~tions. ahIIity to briDg any action agaiIlIt appears to bave ~ Per 8 ' bite " .. mit on . paymeut boDd must be filed within cme '1r:ar and DiDety da)'ll 8fkt ~ last perfo1'llU\Dt!e of labor ad! 01' the last &apply or matmaJs to Ute . B&B Communlc4tioJJs bas COIl1InDed tb.Ilt lis last pedonDlllCe of labor andI or Ira last ppl)' of m,atcr\aIs to lbc project 0I:llIJD'ed in Jler-ber 200Z. The&.di>... Travelers wDl assert as It appclUll as though BAD COlDIDIIDiaatious did JI(l( brlIIg any kDown action 011 !he 'eJtber prior to or 110 Ialer !ban March 2004 !bat any IIIltioo being fiIcd agalnsr !be. ae lhIs point, would be time: barred. We trust \bat you wDl UDdontaDd that Travelers is UIIIlb1e to eumd IIll1ber your IV"~ daIm. Sho1ld you 01' your legal l~n.ntlllve baw any jr;fu, mati.m 1bat you believe would _ Travelen to rIlCOIISider our posidoa. I that you please CODOlt't Ihe ~1lCd ImmMI_ly. Please be advised Ibat 1bls COII1II1IlI1Icaon and all prior or any fature COIDDIUII' they be In written or spolceo fonD are being made under the terms of a mcl and reservation of all rlBhts and cIefeoscs tbat eltber are at IlIaY become availAble to !be !be principal UDder lhe bond, the COI1lDCt documents Illd any applicable stature. of .,.. 01117/05 1ti:4Y rAA JAN-07-2B05 14:23 Trawlers laaraace P.22/36 B&.B CommuIIicaIiOlll IUIlC 4. 2004 Pase3 cc: WI'IDb uc:tllre Teclallo. CoutractorHIo: BK EnglneeriDg Attn: Jeffrey A. Franks, Presideut / ~ Thomas, Thomas, Armstrong & Nie en CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing A idavit of Michael S. Urian in Support of Motion for Summary Judgment on all parties by lacing the same in the United States Mail at Harrisburg, Pennsylvania, first-class postage p paid, on the 28th day of March, 2005, addressed as follows: Thomas R. Davies, Esquire Harmon & Davies, P.C. 2306 Columbia Avenue Lancaster, Pennsylvania 17603 (Attorney for Plaintiff) Infrastructure Technology Contractors, Inc. c/o BK Engineers and Constructors 1513 North Cameron Street Post Office Box 11617 Harrisburg, Pennsylvania 17108-1617 (Defendant) By: .~ .t<~;!.<,__ Sharon Dell-Gallagher, Secretary \J " '::-,\ .",' <- " \ c , ~-' ~ -"t~', (,' ...-" ", ~1 __' HARMON & DAVIES, P.c. A lTORNEYS.A T-LA W 2306 COLUMBIA A VENUE LANCASTER, PA 17603 /I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW JOHN H. HYKES, INC. d/b/a B&B COMMUNICA TrONS Plaintiff vs. No. 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRA VELERS CASUALTY AND SURETY: COMPANY OF AMERICA, Defendants PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Plaintiff, John H. Hykes, Inc. d/b/a B&B Communications, by and throug undersigned attorneys, Harmon & Davies, P.c., files this Response to Motion for Judgment of Defendant, Travelers Casualty and Surety Company of America and i support thereof, avers as follows: 1. Admitted on information and belief. 2. Denied. It is denied that a copy of the Payment Bond is attached to Defendant's Motion for Summary Judgment. Rather, a copy of the Performance B nd is attached, which Performance Bond is not applicable to this action. fARMON & DA VIES, P.c. AITORNEYS.A T.LA W 2306 COLUMBIA A VENUE LANCASTER. PA 17603 1.1 3. Admitted. 4. Denied. It is denied that Plaintiff filed its Complaint on July 6, 004. Plaintiff's Complaint was filed on July 2,2004. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Defendant's averment states a conclusion ofIaw to whic answer, it is denied that Plaintiff failed to timely commence an action under the responsive pleading is required and said averment is therefore denied. By way 0 Bond. Plaintiff believes, and therefore avers that its claim under the Payment Bo timely made as of the date when it first gave notice of its claim to Defendant on cember 10, 2002, and that its claim rights were preserved since then by the series of writte correspondence and telephone conversations by and between Plaintiff and Defend nt in connection with Plaintiff's claim against the Payment Bond which were ongoing fi time until June 4,2004, when Defendant suddenly informed Plaintiff that it would e obliged to file a lawsuit in order to properly make its claim and that the time had si ce passed for Plaintiff to do so. Plaintiff further believes and has averred (Complaint, p. 8, ~ 32) that Defendant has waived its right to raise such a defense on the grounds that it was, at times, fully aware of Plaintiff's unsatisfied claim under the Payment Bond. Moreov r, Plaintiff contends that Defendant breached its duty to deal fairly with Plaintiff and in good 2 HARMON & DAVIES, P.c. A lTORNEYS.A T.LA W 2306 COLUMBIA A VENUE LANCASTER. PA 17603 II faith as required under Pennsylvania law (Complaint, p. 8, ~~ 33,34 and Plain 'ff's Answer to New Matter of Defendant, p. 2, ~~ 41, 42). As such, there is a genuine issue of material fact as to whether Plaintiff's claim under the Payment Bond was timely. 10. Admitted in part. Denied in part. It is admitted that discovery i closed. It Travelers which would require the issues to be submitted to the jury. is denied that Plaintiff has failed to produce evidence essential to its cause of a as more fully described above, it is believed and therefore averred that Plaintiff' claim under the Payment Bond was timely, that Defendant, by its actions, waived its ri hts to set was due and owing to Plaintiff by Defendant. By way of further answer, Plainti forth such a defense and further, that it breached a duty of good faith and fair de ling which incorporates its answer in Paragraph 9 above as though fully set forth herein. 11. Denied. Defendant's averment states a conclusion of law to whic no responsive pleading is required and said averment is therefore denied. By way 0 further answer, Plaintiff incorporates its answer in Paragraph 9 above as though fully set orth herein. 12. Denied. The Payment Bond is a writing which speaks for itself an any averments by Defendant which contradict the writing are specifically denied. To t e extent that Defendant is averring that the time limit for making a claim under the Paymen Bond is one year from the date of the last work performed, the averment is denied. Rath r, and as already admitted by Defendant in its New Matter (pg. 9, ~ 41) such a cause ofac ion does not accrue until 90 days from the date of the last work performed and as such, the time limit for making a claim is one year following the expiration of such 90-day p riod. 3 HARMON & DA VIES, P.c. A ITORNEYS.A r.LA W 2306 COLUMBIA A VENUE LANCASTER, PA 17603 " By way of further answer, even if the deadline for filing the lawsuit is March 2 04, 2002, or by way of subsequent correspondence with Defendant in connection Plaintiff avers that its claim under the Payment Bond was timely as made on D cember 10, which correspondence was ongoing. Alternatively, if the deadline for filing th lawsuit was March 2004 and Plaintiff filed its lawsuit in July, then Plaintiff avers that s ch a relatively short time frame would not be so critical as to prejudice Defendant in any way whatsoever and that to hold otherwise on such a stringent technicality would de eat the whole purpose of the time limit while leaving Plaintiff with no other remedy for recovery of its $100,000.00 for the work which it performed on the Project and for which 't has not been paid. Such an outcome would result in a grave injustice to Plaintiff, a wind all for 13. Admitted. Defendant and a contradiction to the whole purpose of the Payment Bond and th Bond Law which is to protect contractors in the event of nonpayment by the general co 14. Denied. Defendant's averment states a conclusion oflaw to whic responsive pleading is required and said averment is therefore denied. By way of urther answer, it is denied that the time limit under the Payment Bond is December 11, 2 03. Rather, and as admitted by Defendant in its New Matter (pg. 9, ~ 41), the time lim t is on or about March 2004. As more fully described above, Plaintiff, in good faith, reason bly believed that it had properly made its claim under the Payment Bond, long before t e expiration of one year and 90 days from the last work performed even though it did not file its Complaint until July 2004. Once Plaintiff was informed by Defendant _ in June 004- that it was required to file a lawsuit, Plaintiff did so immediately thereafter in July 004. If 4 HARMON & DAVIES, P.c. A TTORNEYS.A T.LA W 2306 COLUMBIA A VENUE LANCASTER, PA 17603 " Plaintiff s lawsuit is held to have been filed late, then the exigent circumstanc Plaintiff by the Principal under the Payment Bond and the work performed by case will surely warrant that 4 months is not so late as to prejudice Defendant i whatsoever when it was fully aware of Plaintiff s claim in connection with non the Project. Defendant was also fully aware of the date on which Plaintiff last rfonned its work and by its actions, demonstrated bad faith in notifying Plaintiff of the d adline date for commencement of a lawsuit, one month after the expiration of such dea line date when, all along, Plaintiff was under the belief that it has fully preserved its clai rights by the filing of Defendant's claim documentation and by the parties' open line of di ect communications. Accordingly, and under such extreme circumstances as in this ase, Defendant should not be allowed to be excused from its obligations under the Pa ment Bond. l5. Admitted. 16. Admitted. 17. Admitted. By way of further answer, Plaintiff continues to assert t t it believes that it properly and timely made a claim under the Payment Bond by the fi ing of the Defendant's Proof of Claim documents and by its subsequent communications nd direct correspondence with Defendant, that it properly preserved its rights under th Payment Bond, that it did not know that it was required to file a lawsuit in order to ecover its claim under the Payment Bond and that, by its actions, Defendant acted unfairly nd in bad faith by taking advantage of Plaintiffs ignorance of the Bond Law in order to b freed from its obligations to make payment to Plaintiff which payment is rightfully due to 5 HARMON & DA VIES, P.c. A ITORNEY5.AT.LA W 2306 COLUMBIA A VENUE LANCASTER, PA 17603 1.1 Plaintiff by Defendant in the amount of almost $100,000.00. Furthermore, it is also believed and therefore averred that many contractor claimants, as Plaintiff, who are not as sophisticated as sureties, are not familiar with the time limit as set forth in the Bond Law and it is further suggested that the Proo documents which many sureties, as Defendant, require to be filled out by contr claimants, are misleading to contractor claimants as they may reasonably believ , as in this case, that they have preserved their rights by the filing of such documents with t In such cases, if the sureties are allowed to be released from their obligations by non-prejudicial technicality, and by merely allowing the passage of time, then th y will thereby be granted a windfall in the amount for which the contractor claimant pe formed work and did not get paid, forcing many small contractors to lose their business 0 er one construction project. 18. Denied. It is denied that Plaintiff's action is barred by the Paymen Bond and/or the Bond Law in light of the unique and exigent circumstances of this case nd the for the reasons as more fully set forth above. 19. Denied. Defendant's averment sets forth a conclusion oflaw to wh ch no responsive pleading is required and said averment is therefore denied. By way of rther answer, it is believed and therefore averred that Defendant, as a matter of law, is or should be, estopped from relying upon the statute of limitations defense for the reasons as et forth more fully herein. 20. Admitted. 21. Denied. The Affidavit, as a writing, speaks for itself and as such, no 6 HARMON & DA VIES, P.c. A ITORNEYS.A r.LA W 2306 COLUMBIA A VENUE LANCASTER. PA 17603 II responsive pleading is required. 22. Denied. The discovery documents, as writings, speak for thems lves and as such, no responsive pleading is required. 23. Denied. Defendant's averment sets forth a conclusion of law to responsive pleading is required and said averment is therefore denied. By way f further answer, it is denied that there are no genuine issues of material fact and summa judgment should not be entered in favor of Defendant against Plaintiff To the contrary, a d in light of the circumstances of this case, Plaintiff should be allowed to proceed to trial i this matter and recover against Defendant for its claim under the Payment Bond for ork which it performed on the Project and for which it has not been paid in the amount of a most $100,00.00. HARMON & DAVIES, P.c. 2306 Columbia A venue Lancaster, P A 17603 Telephone: (717) 291-2236 Facsimile: (717) 291-5739 Dated: Y. _ l. 6- () r By: /~ ~ Thomas R. Davies, PA I.D. # 35260 Attorneys for Plaintiff CCBCIDacuments and SettingslOwner\Local SettingslTemparary Internet Files\OLK6DIPlaiatilfs Response to Defenda"t's Motion for Summary Judgmentwpd 7 0~/2212005 09:31 FAX 717 291 5739 HARMON & DAVIES PC @009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN H. HYKEs, INC. d/b/a B&B COMMUNICATIONS, Plaintiff VS. No. 04-3105 INFRASTRUCTURE TECHNOLOGY , CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY : COMPANY OF AMERICA, '. Defendants YERIFICA TION I, John H. Hykes, hereby verify that I am the President of John H. Hykes, Inc. fa B&B Communications, that I am authorized to make this Verification, and that the statements contained in the herein Plaintiff's Response to Defendant's Motion for S1llIIInluy Judgment are true and correct to the best of my knoWledge, infunnation, an Dared: April 26, 2005 c#.!!/)4~ ~' belief. I nnderstand !bat fulse -"'1$ tben.in are made subject to the penalties of I Pa C.S.A. ~ 4904 relating to unsworn falsification to authorities. HARMON &: DAVIES. P.C. A1'T'ORNE'B-AT -LAW 230li COlUMBIA A VIiNUE lANCASlER, PA 17603 CCB:C:~_ and SemosslOwn..lMy noam...tslClioats\Bl:B Cammuaicalialll BOO III1TC 0402\Veri6cation VflO1m H. HYktI, '"lid . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W JOHN H. HYKES, INC. d/bla B&B COMMUNICATIONS Plaintiff vs. No. 04-3105 INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND SURETY: COMPANY OF AMERICA, Defendants CERTIFICA TE OF SERVICE I hereby certify that I am this day serving a true and correct copy of Plaintif s Response to Defendant's Motion for Summary Judgment upon the persons and in t e manner indicated below, which service satisfies the requirements ofPa. RC.p. No. 40: Service by First Class Mail Addressed as Follows: R James Reynolds, Jr. THOMAS THOMAS ARMSTRONG & NIESEN 212 Locust Street, Suite 500 P.O. Box 9500 Harrisburg, P A 17108-9500 Infrastructure Technology Contractors, Inc. clo Brinjac Engineering, Inc. 114 North Second Street Harrisburg, P A 17101 Dated: v - 2{,- 0)- By: ~ ~~ Thomas R Davies, PA I.D. # 35260 Attorneys for Plaintiff HARMON & DAVIES, P.c. AITORNEYS.A T.LA W 2306 COLUMBIA A VENUE LANCASTER. PA 17603 CCB:CIDocuments and SettingslOwnerILocal SettingslTemporary 1merne! FileslOLK6D1Certificate of Servicewpd R. James Reynolds, Jr., Esquire PA Supreme Court I.D. No. 10252 Email: irevnolds@ttanlaw.com Thomas, Thomas, Armstrong & Niesen 212 Locust Street, Suite 500 Post Office Box 9500 Harrisburg, Pennsylvania 17108-9500 Telephone: FAX: (717) 255-7604 (717) 236-8278 Attorney for Defendant Travelers Casualty and Surety Company of America IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WOHN H. HYKES, INC. d/b/a 13&B COMMUNICATIONS, Plaintiff No. 04 - 3105 v. CIVIL ACTION - LAW ilNFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. and TRAVELERS CASUALTY AND iSURETY COMPANY OF AMERICA, Defendants PRAECIPE TO SUBSTITUTE EXHIBIT To the Prothonotary: Please substitute the attached document (Contractor Labor and Material Payment 'Bond) forthe document (Contractor Performance Bond) erroneously attached as ExhibitA to Defendant Travelers and Surety Company of America's Motion for Summary Judgment filed on March 29, 2005. Date: April 27, 2005 R. Jame ( ~ynolds, Jr. Attorney 11J. #10252 Email -ireynolds@ttanlaw.com Thomas, Thomas, Armstrong & Niesen 212 Locust Street, Suite 500 Post Office Box 9500 Harrisburg, PA 17108-9500 (717) 255-7604 / FAX (717) 236-8278 Attorney for Defendant Travelers Casualty and Surety Company of America .2. coNTRACTOR LABOR AND MATERIAL PAYMENT BOND KNI)W All MEN BY THESE PRESENTS: thaI 111f1lASnUcnnu: IEClDlOLOGf COll'l'RACTORS, nil:., 501 NORTH YOU STREET. (Insert name and address of Contractor) SUITt 3. IIECllAlUCSBl1ItG. PA . 17055 as Principal. hereinafter called "Pr-nc!pal: and TRIlVELE"RS CASUALTY AJll) suun' CllttPAlIY OF NlERlCA 0II11! TOllER SQUAltJ;, 1IARtF01lD. cr 061 83 (in&1!/'I the legal title of Surely) as :;u~ety. hereinafter caDed .Surety: are held and firmly bound unto the Mechanicsburg Area Scho~1 District, Commonwealth of. Pennsylvania as the owner Obligee (''the Obligeei. for use and b~nefit of claimants as herein below defined. in the amount of SIX 1l1lBDIt!:D NIllm ...1!~AlID SEVElI lIUIIDllED SlVQty--------DOIlOO Dollars ($ 690,770.00 1. for the parment whereof Principal and Surety, jointly and severa'ly, "iod themselves, their heirs. l!Xl!eu1ors, administrators, successors and assigns 10 the Obligee to pay for pesformance of the CO'lr~ct. and firmly by tllese presents. WITNESSETH THAT: WHEREAS. Principal has, by written agreement dated entered intll a ~onlract with Obligee for the AdditiOl'lS and Renovations to the Mec:hanicsbtJrg Area Se:uo~ High School, Mechanlcsburg, Cumberland County, Pennsylvania, in aCCordance with I dnlWi~s and specifications prepared by Crabtree, Rohrbaugh & Associates of Harrisburg, Pa.. which (;ontract is by reference made a part hereof, and Is hereinafter referred to as "the Conlr;a~'. , ' IWHEREAS, the Obligee is a "contracting body- under provisions of Act No. 385 of the Gener~1 Ass"fYlbty of the Common_ahh of Pennsylvania, approved by th.. Governor on MEdla~icsburg Area Senior High School CF:A ptojeet No. 1575 00601.1 __i' _ _m ..- December 20, 1967, and known as and cited as the .Public Worlls Contractors' Bond Law of 1967" (the "Act"); WHEREAS, the Act, In Section 3 (a). requires that, before an award shan be made to the Principal by the Obligee, the Principal shan furnish this Bond to the Obligee, with this Bond to become binding upon the award of a Contract to the PrinCipal by the Obligee in accardance with the Contrad; and WHEREAS, it is also a condition of the Contract that this Bond shall be furnished by the Principal 10 the Obligee. NOW, lliEREFORE, "THE CO~DmON OF THIS OBUGATlON is such that lthe Princlpal and any subcQntractor of the Principal to whom af\Y portion of the worlo: under the Agreement shall be subcontracted, and if all assignees of the Principal and of any such subcontractor, shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the perfonnance of the Contract, including any amendment, extension or Bddition to tile Contract, then this obligation shall be void; otllerwise. this Bond shall remain in full force and effe~ This Bond, as provided by the Act. shall be solely (or the protection of claimants supplying labor or materials to the Princfpar or to any subcontractor of the Principal in the prosecution of tile worlo: covered by the Contracl, lnclucfmg any amendments, extensions or adcfdions to the Contract, and is cooQltioned for the prompt payment of all such materials furnished and labor supplied or perfonned in the proseculion of the work. The leon "Cliiirnant.~ when used herein and as required by tl1e Ad. shaH include entities furnishing materials and labor for the project, and pUbQc utility seNices and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the Mechanicsburg Area Senior High School eRA Ploject No. 1575 00601-2 wort: ccwered lIy the Can\r.ltl. f'S raquired by the Ad, the pravision$ of lhls Bone! shall be app i<;able whether or not the malenal furTlished or 1.l>or !)elf"""",,, enIern inIa and becomes a co,,~nent pert of the public building. pubUc werle or PUbf'1C improvement contemplaled by Ihe COrbel. Ar. requi~d and pro\tided by the Ad... tha Principal al'ld the Su~ly agr"" that any Clelt7Ultt. who has pertel'll1ed labtlr or furnished matari1llln the prosecution of the work in BC< oI'danc:e wilh \he Contract. inclu<ting any amec>dmenls, IlXIlInsions or addilians to the CO 'Ilract. and Who has nol bean paid therefor. in full. befOfB the expirallon of ninety (SO) days IIMr the day 01'1 which claimant perlermeci the last Dr .uch la"", or furnished the last of lluCh mE~etle\s fo, which paymal'll is claimed, may in&tllu1e an action upon \his Bond, In the name of \hI> clairml!'ll. in assumpsit to 'eco\/8/' al'lY amounl due Ihe daimal1t for such labOr or material, and me)' prosecute sueh actioo 10 final judgment and may ha\t.. BlCeCUbon upon the jud!l/llent. PI' :>vldtld, """"""at that: ea) al'lY Claimant who ha. II direct _ctual rel81iDflShip with III'IY sub<:ontrll<.lor of 1118 Pr1neipal. bulllaS no conl18dII81 relalio!'l$hip, express or implied, w4h sueh Pril'lc:irnl may brir>g an adi"", on the paymenl bond emly if sud\ Claimant first Sh811 ha\l. given wollen n"'ice, served In the mannar provlde<l in \he Ad, to the Princ:ip;ll Wi\l1in ninety (00) dayS from the dale upon which suen Claimant perlonnecl the las' of the labor or furnished the last of IIle maleria'" for which ".ymelllls claimed. sIBling with subslanlial a=cy, \he amount claimed and the name of the person for whom lhe wor1c was pelformed ,. 10 whonIlhe material was rumished, provided however lhar In the .......nt or \he baokruplf;y 0( !he P1incipa~ \his r8quiremenl or nolice shall be excused and notiCe may be gl\I8n inslelld d"1l1!c1ty tD the Surely; (Il) n" ..ctio" upon \his Bond shall be commenced a1ler1lle ellf'lration of en" (t) ye;ar from \he day upon whid11hor last 0' the labor waS pe<formed Dr material was supplied, lor \he "",rnen' of whh:11 such action is in$titulad by the Claimant; (el every action upon this Bond shall be in&1ituled either in !he court of \he CClClnty wtwre. \he prt:lject ,,"d.., \he Contract Is ta be perforl'lled. or in ",e Uilited Stale Oislricl CouIt for IIle dislriet In WI1ic:h \he prD/eCt, or any PlIrt !hereof, is siMtIed, and not lllSewh1tre: """ I~ ""'" Senior High School ';RA. Pralecl No. 1515 00601-3 ..", .. (d) the Obligee sl1aR not be liable for. the payment of any Interest, costs, expenses or attorneys fees of any such suit This Bond is executed and delivered under and subject to the Ad. to which reference hereby is made. The Principal and Surety agree that any alterations, Changes and/or adcfdiOnS to ttle Contract. and/or any alterations, changes and/or additions to the work to be perfonned under the Contract. and/or any giving ~ the Obligee of any extensions of time for the performance of the project wDl'k in accordance with the Contract, and or any other act of forbearance of either the Principal or the Ol>ligee toward the other W\1h respect to the Contract, cmdfor the reductibn of any percentage to be retained by the Obligee as permitted by the Contract, shaW not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, eXecutors, administrators, successors and assigns, from IiiIbiJily and obligations under this Bond; and the Surely. for value received, does waive notice of any such alterations, changes, additions, extensions of lime. ads of forbearance and/or reduction of retained percentage. Med1anic:sburg Ma Senior Hi911 School CRA Project No. 1575 001501-4 IN WITNESS WHEREOF. the Principsllll'ld the Surety E:3use this Bond to be signed and se3led thill I ]Tll day of JIJ1C& .2002. IlIFllASnUCTt/U TtCRllOLOGY tonIIAC'fOltS. lilt. (Principal) [SeaQ Witness/Attest: By: (Signature and litle) Witness/Atlest: (Signature and Title) TRAVEURS CASUALTY IIHIl SllJttTY COllrJUlT OF ArlERItA . (Surely)'" [Seal} By; (Signature and litle) JAKtS R. GOULD - ATTOJW!Y III fACT lAW. BImI ,.. stAtttR - VI1WESS Attornev-ln-Fact Certification - T~e undersigned attomey-irrfact by executing this Payment Bond certifies that he/she is licll~ed with the company named as Surety for this bond by tile Pennsylvania Insurance Dep,rtmenl and that to the best of hislher knowledge the said Surety is licensed with the Pen~5yllfania Insurance Department. Me :t\anicsburg Nea Senior High SchDoI CR" !Project No. 1575 00601-5 '/ , ...~. .. GENERAL INSTRUCTIONS: Please sign Where Indicated. If Corporation, sign by Presldenl or Vice President and attest by Sec:retary or Treasurer. Affix Seal. If PartnershiP. sign by each partner and witness signature of each partner. If Individual, sign by proprietor and witness. Indicate Surely company, sign by attomey-in-fact CPA Ueensed Resident Agent only), obtain witness signature, and affix Surely company's seal Attach Power of Attomey. with embossed seal. to this page. Mechanicsburg Area senter High School eRA ProjeGt No. 1575 00601~ TOTf'l. P,12 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Praecipe to Substitute Exhibit on all parties by placing the same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the 27th day of April, 2005, addressed as follows: Thomas R. Davies, Esquire Harmon & Davies, P.C. 2306 Columbia Avenue Lancaster, Pennsylvania 17603 (Attorney for Plaintiff) Infrastructure Technology Contractors, Inc. c/o BK Engineers and Constructors 1513 North Cameron Street Post Office Box 11617 Harrisburg, Pennsylvania 17108-1617 (Defendant) Thomas, Thomas, Armstrong & Niesen By: ~, ,-':7' C;.> (J' ~ _n'. ~~ ,> ~: , N :J.~~ -{ n -n ?-n r',\?;~ en ." -' . j ~.~\ /~, ~.~? <-l~ (...,--:) PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) JOHN H. HYKES, INC. d/b/a B&B COMMUNICATIONS, (Plaintiff) vs. INFRASTRUCTURE TECHNOLOGY CONTRACTORS and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, (Defendants) No. 2004 - 3105 Civil Action - Law 19 I. State matter to be argued (i.e., plaintiff'S motion for new trial, defendant's demurrer to complaint, etc.): Defendant Travelers Casualty and Surety Company of America's Motion for Summary Judgment. 2. Identify counsel who will argue case: (a) for plaintiff: Address: Thomas R. Davies, Esquire (717-291-2236) Harmon & Davies, P.C. 2306 Columbia Avenue Lancaster, Pennsylvania 17603 (b) for defendant: Address: R. James Reynolds, Jr., Esquire (717-255-7604) Thomas, Thomas, Armstrong & Niesen 212 Locust Street, Suite 500 Post Office Box 9500 Harrisburg, Pennsylvania 17108-9500 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 6, 2005 Dated: -! i i .7 c.. ~,.- (<1.c May 17, 2005 Attar e;y for Casualty and ----- C.': \-.'-.; - JOHN H. HYKES, INC. d/b/a B&B COMMUNICATIONS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, DEFENDANTS 04-3105 CIVIL TERM IN RE: MOTION OF DEFENDANT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this ~ay of July, 2005, the motion of defendant, Travelers Casualty and Surety Company of America, for summary judgment, IS GRANTED. By l~Cci-~;;'--~ \/ Ed~lar B. ay ~omas R. Davies, Esquire 2306 Columbia Avenue Lancaster, PA 17603 For Plaintiff -\~~ lA' \~\;c1J () ''( }- / ~James Reynolds, Jr., Esquire Thomas, Thomas, Armstrong & Niesen 212 Locust Street, Suite 500 P.O. Box 9500 Harrisburg, PA 17108-9500 For Travelers Casualty and Surety Company of America :sal _..:1" = >- ~: -:) N -~ :::..:) c'" <= = <-... =) o " , , JOHN H. HYKES, INC. d/b/a B&B COMMUNICATIONS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. INFRASTRUCTURE TECHNOLOGY CONTRACTORS, INC. AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, DEFENDANTS 04-3105 CIVIL TERM IN RE: MOTION OF DEFENDANT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. OPINION AND ORDER OF COUIRT Bayley, J., July 20, 2005:- On July 2, 2004, plaintiff, John H. Hykes, Inc. d/b/a B&B Communications, initiated this suit by filing a complaint against defendants, Infrastructure Technology Contractors, Inc., and Travelers Casualty and Surety Company of America. Plaintiff alleges that ITC contracted with the Mechanicsburg Area School District for renovations to the Mechanicsburg Senior High School in Cumberland County. Travelers issued a payment bond on behalf of ITC in favor of the School District for the protection of contractors supplying labor and material on the project. Pla,intiff and ITC entered into a subcontract under which plaintiff provided telecommunications equipment at the school. Plaintiff performed all of the obligations under the contract, butlTC breached it by failing to pay a balance due of $94,453.56. 04-3105 CIVIL TERM Plaintiff seeks judgment against lTC, and Travelers on the bond. Travelers filed an answer, and in new matter asserts the defense of the statute of limitations. Plaintiff admits that on December 11, 2002, it supplied the last of its labor and materials on the project. Travelers filed a motion for summary judgment maintaining that plaintiff's complaint must be dismissed based on the statute of limitations. The motion was briefed and argued on July 6, 2005. In Washington v. Baxter, 719 A.2d 733 (Pa. 1998)" the Supreme Court of Pennsylvania set forth the standard for examining a motion for summary judgment. A cou rt: [m]ust view the record in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party, Pennsylvania State University v. County of Centre, 532 Pa. 142, 143-145,615 A.2d 303, 304 (1992). . . . In order to withstand a motion for summary judgment, a non-moving party "must adduce sufficient evidence on an issue essential to his case and on which he bears the burden of proof such that a jury could return a verdict in his favor. Failure to adduce this evidence E~stablishes that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law." Ertrel v. Patriot-News Co, 544 Pa. 93,101-102,674 A.2d 1038, 1042 (1996). The Judicial Code provides that an action on a payment bond must be commenced within one year from the time the cause of action accrued. 42 Pa.C.S. 99 5523(3), 5502(a). A claimant who has performed labor and furnished materials on a project for which a payment bond has been given, and who has not been paid in full before the expiration of ninety days that the last of such lablJr and materials were supplied, may bring an action on the bond to recover the amount due. 8 P.S. 9 194(a). -2- 04-3105 CIVIL TERM In Centre Concrete Co. v. AGI, Inc., 522 Pa. 27 (1989), the Supreme Court of Pennsylvania held, based on these statutes, that the period of limitations for a suit against a surety on a payment bond is one year plus ninety days after the last labor and material was furnished. In the present case, the last day for filing suit was March 6, 2004. Notwith- standing, plaintiff maintains that Travelers is estopped from asserting the statute of limitations as a defense. The record contains the following documentation. On December 10,2002, plaintiff provided Travelers with a written notice of a claim under the payment bond for labor and materials provided to ITC on the Mechanicsburg School projecl. On January 3, 2003, Travelers sent a letter to plaintiff acknowledging receipt of the claim. It set forth that it would investigate the claim, and requested that plaintiff complete an Affidavit of Claim. Travelers advised plaintiff that it reserved all rights and defenses including without limitation "[d]efenses which may be available under any applicable notice of suit limitations provisions." Plaintiff provided Travelers with the Affidavit of Claim dated January 9, 2003, which included thla statement that the date labor ended and materials were last supplied to ITC was December 11,2002.' On March 2, 2003, plaintiff sent a letter to Travelers stating that if there was "[n]ot an immediate resolution" of the claim, plaintiff "will have no choice but to have my attorney begin taking action against all parties involved." On March '18, 2003, plaintiff informed Travelers that as a result of payments made by ITC and credits granted, the claim was 1 The net claim set forth in the Affidavit was $134,453.56. -3- 04-3105 CIVIL TERM reduced to $73,668.56. Plaintiff again set forth that if the claim was not resolved soon it "will be left no choice but to take legal action against all palties involved." On March 25, 2003, Travelers provided plaintiff with a copy of a letter from lTC, setting forth that there was a possibility that the School District might assess; liquidated damages against ITC because of a delay in completion caused by plaintiff, and that plaintiff had not completed its work to the satisfaction of the District. Travelers advised plaintiff that because ITC had presented merit based material defenses to its claim, it was not in a position to make payment. Again, Travelers reserved all rights and defenses including all rights and defenses set forth in previous correspondenc19. On June 4, 2004, after the expiration of the statute of limitations on March 7, 2004, plaintiff sent a facsimile to Travelers requesting that it be provided copies of the payment bond and the performance bond on the School District project. Travelers provided the document and wrote to plaintiff that the statute of limitation had run, and that it was formally denying its claim. DISCUSSION Mistake, misunderstanding or lack of knowledge is mlt sufficient to toll the statute of limitations. Walters v. Ditzler, 424 Pa. 445 (Pa. 1967). If, through fraud or concealment, a defendant causes a plaintiff to relax vigilance or deviate from a right of inquiry, the defendant is estopped invoking the bar of the statute. Id. Silence in the absence of a duty to speak does not constitute fraudulent concealment. See Lange v. Burd, 800 A.2d 336 (Pa. Super. 2002). A defendant must "[h]ave done something -4- 04-3105 CIVIL TERM amounting to an affirmative inducement to plaintiff to delall bringing the action." Gravinese v. Johns-Manville Corp., 324 Pa. Super. 432 (1984). Plaintiff argues in his brief that in response to Travelers' letter of January 3, 2003, setting forth that it would perform an independent investigation of the claim, and asking plaintiff to provide documentation to substantiate the claim: [it] promptly returned a completed "Affidavit of Claim" on January 9, 2003, which [it] believed perfected its claim under the Payment Bond. With the "formalities" out of the way and to the extent that it could do so without the assistance of legal counsel, [it] continued to pursue its remedies for payment for its work. . .. It took [it] sometime to bring in funds to the business from its work on other projects to sustain the costs of legal fees to further pursue its claim under the Payment Bond. As soon as it was able to do so, it did hire legal counsel which is how [it] became aware of the difference between "filing a bond claim" and "filing a lawsuit" to enforce payment by a surety under a bond. .tIt that time, [it] promptly requested a copy of the Payment Bond from Defendant Travelers in response to which it finally notified [Travelers] of the passing of the Pennsylvania one-year Statute of Limitations. Plaintiff concludes that "the conduct of Travelers am<~unted to an affirmative inducement for it to delay bringing the action." There is simply no evidence to support this conclusion. (1) Travelers undertook an investigation of plaintiffs claim on January 3, 2003, reserving all defenses including the statute of limitations. (2) In less than two months, on March 25, 2003, Travelers notified plaintiff that it was not in a position to make payment, and again reserved all defenses. (3) Plaintiff never thereafter pursued its claim with Travelers within the period of the statute of limitations. -5- 04-3105 CIVIL TERM (4) Twice within the period of the statute, plaintiff threatened suit. (5) On July 2, 2004, plaintiff instituted suit, over a year and two months after being advised that Travelers was not in a position to pay the claim. This was just short of four months after the expiration of the statute of limitations. Travelers is not estopped from asserting the defense of the statute of limitations. Because this suit was filed after the statutory period, the fOllowing order is entered. ORDER OF COURT AND NOW, this -~ day of July, 2005, the motion of defendant, Travelers Thomas R. Davies, Esquire 2306 Columbia Avenue Lancaster, PA 17603 For Plaintiff Casualty and Surety Company of America, for summary judgment, IS GRANTED. By th~Gou-rr,- /-<./ ~/ /;/1 '//y ( / Ed,,, B. B'yley, J. / R. James Reynolds, Jr., Esquire Thomas, Thomas, Armstrong & Niesen 212 Locust Street, Suite 500 P.O. Box 9500 Harrisburg, PA 17108-9500 For Travelers Casualty and Surety Company of America :sal -6-