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Home My WebLink About11-3677FILEn-!)E ICE '?H- r'C?l;OP?CTRY Ate IG; 21•4 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONARCH PRODUCTS COMPANY, INC., Plaintiff, No. _V 77 M/0 V. B&R CONSTRUCTION SERVICES INC., THE BOROUGH OF NEW CUMBERLAND and ERIE INSURANCE COMPANY, CIVIL ACTION-LAW Defendants. NOTICE TO DEFEND Pursuant to Pa.R.C.P. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 (717) 249-3166 (00468063/1) I/V 7 EN LA CORTE DE ALEGATOS COMfJN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL AVISO PARA DEFENDER Conforme a Pa.R.C.P. 1018.1 USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas usted tienen que tomar acci6n dentro veinte (20) Dias despuds que esta Demanda y aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en al demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJAD AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USETED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 (717) 249-3166 (00468063/1) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONARCH PRODUCTS COMPANY, INC., Plaintiff, No. V. B&R CONSTRUCTION SERVICES INC., THE BOROUGH OF NEW CUMBERLAND and ERIE INSURANCE COMPANY, CIVIL ACTION-LAW Defendants. COMPLAINT AND NOW, this 14th day of April, 2011, come Plaintiff, Monarch Products, Inc., by and through its undersigned counsel, CGA Law Firm and files the within Complaint and states as follows in support thereof. 1. Plaintiff, Monarch Products Company, Inc. ("Monarch") is a Pennsylvania Corporation with its principal place of business situated at 385 Sipe Road, York Haven, Pennsylvania 17370. 2. Upon information and belief, Defendant, B&R Construction Services, Inc., ("B&R") is a Pennsylvania Corporation with its principal place of business situated at 7045 Blue Ridge Ave. Harrisburg, Pennsylvania 17112. 3. The Borough of New Cumberland (the "Borough") is a is a municipal entity organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 1120 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070. {0046806311} 4. Upon information and belief Erie Insurance Company ("Erie") is a Pennsylvania Corporation having a principal place of business at 100 Erie Insurance Pl., Erie, Pennsylvania 16530. 5. Monarch manufactures and supplies precast concrete sanitary and storm sewer products. 6. Jurisdiction and venue are proper in this matter. COUNT I - BREACH OF CONTRACT (Monarch v. B&R) 7. Monarch relies on and incorporates the preceding paragraphs as though fully set forth herein at length. 8. In June 2010, Defendant B&R contracted with the Borough to perform certain sanitary sewer replacement work for the New Cumberland Borough Sanitary Sewer Main Replacement Project (the "Project"). 9. In mid-October, 2010, Defendant B&R orally contracted with Monarch for Monarch to provide B&R with certain concrete materials for the Project. Said materials were specifically ordered for and incorporated into the Project. 10. In consideration for the same, B&R agreed to make timely payment to Monarch for those materials when due. 11. Monarch, through its qualified employees, performed all work and provided all materials requested by B&R as follows: a. Plaintiff provided 30" Manhole Base, 18 M PSX Gasket with 24296 Clamps and 1 1/4" Mastic (14.5") for Structure SMH-150; 30" Manhole (00468063/1) Base, Flow Channel for 4' Dia. Manhole, 24 " Manhole Middle, 60" Manhole Middle, 30" Manhole Cone with Inserts, 18 M PSX Gasket with 2- #296 Clamps and 1 '/4" Mastic (14.5") for Structure SMH-152 and 30" Manhole Base, Flow Channel for 4' Dia. Manhole, 24 " Manhole Middle, 60" Manhole Middle, 2" High, 24" Dia. MH Riser with Slots, 30" Manhole Cone with Inserts, 18 M PSX Gasket with 2- #296 Clamps and 1 '/4" Mastic (14.5") for Structure SMH-152-A on October 28, 2010. b. Plaintiff provided 14 M Direct Drive Gasket w/ Bolt & 2- #185 Clamps for Structure MHG14M on November 1, 2010. Plaintiff provided a Flow Channel for 4' Dia. Manhole, 60" Manhole Middle, 3" High, 24" Dia. MH Riser with Slots, 45" Manhole Cone with Inserts, EJW #1045 Frame & #I040AGS San. Sewer Cover w. Gasket, 1 '/4' Mastic (14.5') for Structure SMH-150; EJW #1045 Frames & # 1040AGS San. Sewer Covers w. Gaskets for Structures SMH-151, SMH- 152, SMH-152-A; 30" Manhole Base, Flow Channel for 4' Dia. Manhole, 60" Manhole Middle, 3" High, 24" Dia. MH Riser with Slots, 45" Manhole Cone with Inserts, EJW #1045 Frame & #1040AGS San. Sewer Cover w. Gasket, 1 '/4' Mastic (14.5') for Structure SMH-180 and 30" Manhole Base, Flow Channel for 4' Dia. Manhole, 36" Manhole Middle, 2" High, 24" Da. MH Riser with Slots, 36" Manhole Cone with Inserts, EJW #1045 Frame & #I040AGS San. Sewer Cover w. Gasket, 18 M PSX (00468063/1) Gasket with 2- 4296 Clamps, 1 1/4" Mastic (14.5") for Structure SMH-255 on November 14, 2010. d. Plaintiff provided 30' Manhole Base, Flow Chanel for 4' Dia. Manhole, 48" Manhole Middle- special, 2" High, 24" Dia., MH Riser with Slots, 42" Manhole Cone with Inserts, 11 M IPS Gasket With 2 - #152 Clamps, 18 M PSX Gasket With 2 #296 Clamps, 1 1/4" Mastic (14.5"), Painted Bitumastic Exterior for Structure MH151-NEW and 30" Manhole Base, Flow Channel for 4" Dia. Manhole, 60" Manhole Middle- Special, 18 M PSX Gasket with 2- #296 Clamps, 1 1/4" Mastic (14.5") for Structure SMH-151 and extra Painted Bitumastic Exterior(36.75 Ft.) on November 18, 2010. e. Plaintiff provided 12 M Direct drive Gasket w/ Bolt &2 #152 Clamps for Structure MHG12M on December 17, 2010. f. Plaintiff provided 4' High, 24' Dia., MH Riser with Slots for Structure MHR4S on January 20, 2011. 12. Monarch issued invoices to the B&R for all materials supplied. A true and correct copy of said invoices are marked, attached hereto and incorporated herein as Exhibit "A". 13. In accordance with the parties' agreement, Monarch's material supply was performed in a timely and workmanlike manner. (00468063/1} 14. Defendant B&R has failed and refused to make payment to Monarch for any of the above referenced materials, despite demands by Monarch to do so. 15. Defendant B&R's failure to make payment pursuant to the terms of the parties' agreement constitutes a breach of the contract. 16. Monarch is entitled to 1% interest on any amount past due in excess of 30 days. See Exhibit "A". 17. Defendant B&R accepted Monarch's materials without objection or complaint. 18. Monarch has fulfilled all of its obligations pursuant to the agreement between the parties. 19. As a result of the Defendant B&R's breach, Monarch has incurred damages in the amount of $9,673.85 plus interest at a rate of 1% on all invoices past due in excess of thirty (30) days. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a judgment in its favor and against Defendant B&R in the amount of $9,673.85, plus costs of suit, interest at a rate of 1% and for such other and further relief as the Court deems just and proper. COUNT II - UNJUST ENRICHMENT (Monarch v. B&R and Borough) 20. Monarch incorporates herein all preceding paragraphs as though fully set Forth herein at length. 21. The materials supplied by Monarch at Defendant B&R's request benefitted the Borough of New Cumberland and B&R to the detriment of Monarch. {00468063/1) 22. The Borough and B&R enjoy the benefit of Monarch's materials supplied, but Monarch has not been paid for the same. 23. As a result, Monarch has suffered a detriment in the amount of $9,673.85 plus 1% interest and costs incurred in collection. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a judgment in its favor and against Defendants B&R and the Borough in the amount of $9,673.85, plus costs of suit, interest at a rate of I% and for such other and further relief as the Court deems just and proper. COUNT III - BOND CLAIM (Monarch v. Erie) 24. Plaintiff incorporates herein all preceding paragraphs as though fully set forth herein at length. 25. On or about June 4, 2007, Defendant Erie issued a Payment Bond (the "Bond") on behalf of B& R as the Principal for the benefit of the Borough as Obligee. A true and correct copy of the Bond is marked, attached hereto and incorporated herein as Exhibit "B". 26. That date materials were last furnished to B&R by Monarch for the Project was January 20, 2011. 27. The unpaid balance for the materials is $9,673.85, plus interest at a rate of 1%. See Ex. A. 28. The instant claim is timely under the Bond and the Public Works Contractor's Bond Law of 1967 (the "Act"), as Monarch is a claimant who has furnished materials in the prosecution of the work in accuracy with the Agreement and Contract Documents between B&R {00468063/1) and the Borough, Monarch has a direct contractual relationship with B&R, Monarch has not been paid in full for the materials it provided, and ninety (90) days since the date that Monarch last furnished materials for which payment is claimed has not expired. 29. Monarch submitted a claim to Defendant Erie on or about March 9, 2011. 30. Monarch has satisfied all conditions precedents in order to make a claim against the Payment Bond issued by Erie. 31. Erie has acknowledged receipt of Monarch's claim on the Bond and is investigating the claim, but the claim is disputed and Erie has not taken action on the claim as of the date of this filing. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a judgment in its favor and against Erie Insurance Company in the amount of $9,673.85, plus costs of suit, interest at a rate of 1% and for such other and further relief as the Court deems just and proper. Respectfull CGA LAN Date: Marisa on, Esquire PA 206 6utt 135 North George Street York, PA 17401 (717) 848-4900 (717) 843-9039 (f) mbutton@cgalaw.com Attorneys for Plaintiff {00468063/1) VERIFICATION I hereby affirm that the following facts are correct. The attached Complaint is based upon information which has been furnished to counsel in the preparation of this document. The language of the Complaint is that of counsel and not mine. I have read the Complaint and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Monarch Products, Inc. Date: H ''t 1 By: Q? John agman, President 10046SD63/1) Monarch Products Co., Inc, 385 Sipe Road York Haven, PA 17370 PhonE: (717) 938-8303 Fax: (717) 938.5908 Customer: 8 d R CONSTRUCTION SERVICES INC. 7045 BLUE RIDGE AVENUE Statement Date; 2/17/2011 HARRISBURG, PA 17112 Customer ID: BRCO Date Due Date Reference Type Job Amount Payment Balance 10/31/10 11/30110 i 126804 Standard New Cumberland .... ....._ __.. .,...-.. _._. i i $ 2,758.01' 1111/10 12/1110 126915 ?Standard 2,756,01 i New Cumberland i 61 21j 192 11/11/10 12/11/10 2 126961 Standard - • . _ .;. _... _. _ New Cumberland _.?_..._.__......_......_....._.. _...__... -- -- 11/23110 12123!10 $ - 4,387-67! 127507 ,Standard New Cumberland $ 7,206.89 ? I _ .. ._....._.. _ _. - l- 12120/10 $ 2,394.41 tN9J11 9.601.30 .;,--1.28106 .__128106. .Standard ;New Cumberland 1/21/11 2/20/11 3 50.09. 128827 Standard New Cumberland 5 9,651.39 _ $ 22.26 ` $ 9,673.65 - - •--• ...._ .. Total Due $ 9,673.65 EXHIBIT Monarch Products Co., Inc. • 385 Sipe Road A INVOIC E 128627 York Haven, PA 17370 NAA, Phone: (717) 938-8303 Invoice Date: 1/21/2011 Fax: (717) 938-5908 Sold to: BRCO Job Number: 0 B & R CONSTRUCTION SERVICES INC . Ship to: NE 7045 BLUE RIDGE AVENUE W CUMBERLAND HARRISBURG, PA 17112 SHIP DATE _ TRUCK DRIVER CONTRACT 1/20/2011 NEWBERRYTOWN PICKUP TERMS PAGE -_ LOAD ----- -- _ _?_. TRAILER -? SALES REP Net 30 --7-- E 1 --- I I CHAL ANT ---- _ - EX MPT # -?- TICKET NO, j ---- -- Qty__- Unit Item - - Description --- - - --? 128627 -------- - Structure: Weight Unit Price _TX _ Extension ,_______-- 1 EA MHR4S 4" HIGH, 24" DIA. MH RISER WITH SLOTS - 155 $21.00 $21.00 Structure Total -- - ........... 21.00 Posted .1/21/2011 Total Weight ----- -----....-.. - 155 ...... ..... - ............. Taxable ......... $21.00 Non-Taxable $0.00 Sub Total - $21.00 Tax ---- $1.26 Invoice Total $22,26 Less Deposit $0.00 Invoice Balance $22.26 **Please include the invoice number with your payment. Billing questions can be directed to 717-932-6807 or monarch(?ptd net** A finance charge of 1 % per month will be charged on all balances over 30 days past due. Minimum finance charge is $2.00. Monarch Products Co., Inc. • 385 Sipe Road INVOICE 128106 York Haven, PA 17370 m?, p Phone: (717) 938-8303 Invoice Date: 12/20/2010 Fax: (717) 938-5908 Sold to: BRCO B & R CONSTRUCTION SERVICES INC. Job Number; 0 7045 BLUE RIDGE AVENUE Ship to: New Cumberland HARRISBURG, PA 17112 i SHIP DATE TRUCK DRIVER - 12/17/2010 NEWBERRYTOWN PICKUP CONTRACT NO. TER. 8 LOAD PAGE-'I -- TRAILER . SALES' REP, Net 30 EXEMPT# MIKE =TICKET;NO: Qty Unit Item 128106 Description ---- Structure: _ Weight_ Unit Price TX _ Exte__nsion 1 EA MHG12M 12 M DIRECT DRIVE GASKET W/ BOLT & 2 - #152 CLAMPS 5 $47.25 Q $47.25 Structure Total .. .................. . $47,25 Posted: 12/20/2010 Total Weight - -- ...... ......... ........... Taxable $47.25 Non-Taxable $0,00 Sub Total $47.25 Tax $2.84 Invoice Total $50.09 Less Deposit $0.00 Invoice Balance $50.09 "Please include the invoice number with your payment. Billing questions can be directed to 717-932-6807 or monarch o@Q net" A finance charge of 1 % per month will be charged on all balances over 30 days past due. Minimum finance charge is $2.00. Monarch Products Co., Inc. 385 Sipe Road INVOICE 127507 M 0 N York Haven, PA 17370 k4R PPhone: (717) 938-8303 Invoice Date: 11/23/2010 Fax: (717) 938-5908 Sold to: BRCO -- __ -- - ----`- __ - _-I B & R CONSTRUCTION SERVICES INC. Job Number: 20938 7045 BLUE RIDGE AVENUE Ship to: NEW CUMBERLAND SEWER MAIN REPLACEME HARRISBURG, PA 17112 NEW CUMBERLAND BORO. / CUMB. COUNTY i i SHIP DATE- TRUCK DRIVER - ---- - - ------.? --- -- PAGE --- 11/18/2010 -- j CONTRACT N0. TERMS -..- i BARRY LOAD TRAILER Net 30 --- - ----- ?--- SALES REP `--_-.------- ? 1 AM 128238 EXEMPT# -_ TICKETNO. MIKE -?--- - - -- - 127507 ---- j Qty -Unit -Item Description -"--- - -- Weight Unit Price TX -Extension Structure: EXTRA FOR BI 1 EA PABE PAINTED BITUMASTIC EXTERIOR-(38.75 - FT.) 0 Structure ---- Total -_.-_ $310.00 --------- -- --- Structure: MH-151-NEW 1 EA MHB30 30" MANHOLE BASE 1 EA MHFC4 FLOW CHANNEL FOR 4' DIA. MANHOLE 3,141 Q 1 EA MHM48S 48" MANHOLE MIDDLE - SPECIAL 1.400 1 EA MHR2S 2" HIGH, 24" DIA. MH RISER WITH SLOTS 3.427 1 EA MHC42 42" MANHOLE CONE WITH INSERTS 78 2 EA MHG11 MIPS 11 M IPS GASKET WITH 2 - #152 CLAMPS 2 800 2 EA MHG18M 18 M PSX GASKET WITH 2 - #296 CLAMPS 8 4 EA MA 1 1/4" MASTIC (14.5') 0 10.5 EA PABE PAINTED BITUMASTIC EXTERIOR 0 0 0 - - - - - . . . - . . - - - Structure Total - $1,120.35 Structure: SMH-151 1 EA MHB30 30" MANHOLE BASE 1 EA MHFC4 FLOW CHANNEL FOR 4' DIA. MANHOLE 3,073 1 EA MHM60S 60" MANHOLE MIDDLE - SPECIAL 1,400 4 EA MHG18M 18 M PSX GASKET WITH 2 - #296 CLAMPS 3,881 4 EA MA 1 1/4" MASTIC (14.5') 0 0 0 Structure Total ..... _......... ....$828.53 Posted: 11/23/2010 Total Weight 19,218 .... ....... Taxable $2,258.88 Non-Taxable $0.00 Sub Total $2,258.88 -- Tax $135.53 Invoice Total $2,394.41 Less Deposit $0.00 Invoice Balance $2,394.41 -Please include the invoice number with your payment. Billing questions can be directed to 717-932-6807 or monarch(a)ptd nets' A finance charge of 1 % per month will be charged on all balances over 30 days past due. Minimum finance charge is $2.00. • Monarch Products Co., Inc. 385 Sipe Road INVOICE 126981 York Haven, PA 17370 •*AR Phone: (717) 938-8303 Invoice Date: 11/11/2010 Fax: (717) 938-5908 Sold to: BRCO B & R CONSTRUCTION SERVICES INC. Job Number: 20938 - 7045 BLUE RIDGE AVENUE Ship to: NEW CUMBERLAND SEWER MAIN REPLACEME HARRISBURG, PA 17112 NEW CUMBERLAND BORO. / CUMB. COUNTY ------ SHIP DATE TRUCKbRIVER __-TERMS _ _---_--- ? --CONTRAC NO. ---I -_____1 11/4/2010 - ! ---GEORGE T I PAGE _ LOAD - -! TRAILER-- Net 30 1 - PM 128006 C SALES REP EXEMPT #--I ---- _ .. MIKE TICKET N0, ! Qty'-- -Unit Item 126981 - Description -?J Structure: Weight Unit Price TX I 5MH-150 ?-' --------_-__-____- Extension I 1 EA MHFC4 FLOW CHANNEL FOR 4' DIA. MANHOLE 1 EA MHM60 60" MANHOLE MIDDLE 1,400 1 EA MHR3S 3" HIGH, 24" DIA. MH RISER WITH SLOTS 4000 f?l 1 EA MHC45 45" MANHOLE CONE WITH INSERTS 115 1 EA CIEJ i040SSG EJIW #1045 FRAME & #1040AGS SAN. 3000 J SEWER COVER W/ GASKET 307 2 EA MA 1 1/4" MASTIC (14.5') 0 - ......... ............... Structure Total Structure: SMH-151 - - - - _ . . _ . - - $899.85 1 EA CIE,i1040SSG EJIW #1045 FRAME & #1040AGS SAN. SEWER COVER W/ GASKET 3C7 Q Structure Total ---- Structure. SMH-152 . $259.72 1 EA CIEJ104OSSG EJIW #1045 FRAME & #1040AGS SAN. SEWER COVER W/ GASKET 307 W - .... . ......... .. . ... Structure Total - ............. tructure: SMH-152-A . $298.20 1 EA CIEJ104OSSG EJIW #1045 FRAME & #1040AGS SAN. SEWER COVER W/ GASKET 307 ....... ......... _ . . . . - . Structure Total $298.20 Structure: SMH-180 1 EA MHB30 30" MANHOLE BASE 1 EA MHFC4 FLOW CHANNEL FOR 4' DIA. MANHOLE 3.073 0 1 EA MHM60 60" MANHOLE MIDDLE 1,400 Q 1 EA MHR4S 4" HIGH, 24" DIA. MH RISER WITH SLOTS 4,000 1 EA MHC48 48" MANHOLE CONE WITH INSERTS 155 1 EA CIEJIC40SSG EJIW #1045 FRAME & #1040AGS SAN. 3,200 Q SEWER COVER W/ GASKET 307 3 EA MHG18M 18 M PSX GASKET WITH 2 - #296 CLAMPS 4 EA MA 1 1/4" MASTIC (14.5') 0 0 . . . - . . Structure Total Structure: SMH-255 $1,276.84 1 EA MH830 30" MANHOLE BASE 1 EA MHFC4 FLOW CHANNEL FOR 4' DIA. MANHOLE 3,073 1 EA MHM36 36" MANHOLE= MIDDLE 1,400 2,400 O "Please include the invoice number With your payment. Billing questions can be directed to 717 932-6807 or monarch anal ncf"" A finance charge of 1 % per month will be charged on all balances over 30 days past due. Minimum finance charge is $2.00. Monarch Products Co., Inc. A *0NAR C 385 Sipe Road York Haven, PA 17370 INVOICE Inv i 126981 ' Phone: (717) 938-8303 o ce Date: 11/11/2010 Fax: (717) 938-5908 Qty Unit .- --- --- Item --- -- -- --- ------------- Description - --_----------- - 1 EA MHR2S - - ---- - - __ 2" HIGH, 24" DIA. MH -RISER WITH SLO Weight Unit Price TX Extension EA NHC36 TS 36" MANHOLE CONE WITH INSERTS 78 1 EA CIEJ104OSSG EJIW #1045 FRAME & #1040AGS SA 2,40 N. SEWER COVER W/ GASKET 7 307 3 EA 4 EA MHG18M MA 18 M PSX GASKET WITH 2 - #296 CLAMPS 1 114" MASTIC (14.5') 0 0 0 Str ucture Total o 11/11/2010 Total Weight ------------ ...... ..... _.-..---._ 31,536 --- 1'106.50 - - Taxable $4,139.31 Non-Taxable $0.00 Sub Total -- - $4,139.31 Tax ----- --_-.--- $248.36 - Invoice Total - $4,387.67 -- Less Deposit $0.00 Invoice Balance $4,387.67 **Please include the invoice number with your payment. Billing questions can be directed to 717-932-6807 or monar?et*' A finance charge of 1 % per month will be charged on all balances over 30 days past due. Minimum finance charge is $2.00. Monarch Products Co., Inc 385 Sipe Road York Haven, PA 17370 (717)93 INVOICE 126915 N *N(- Fax: Phone: (717) 938-8303 Invoice Date: 11/112010 Sold to: BRCO B & R CONSTRUCTION SERVICES INC Job Number: 0 - . 7045 BLUE RIDGE AVENUE Ship to: NEW CUMBERLAND SEWER I HARRISBURG, PA 17112 _ SHIP DATE _ TRUCK DRIVER -- CONTRACT'NO _ 11/1/2010 NEWBERRYTOWN PICKUP - . TERMS --- ____ -- PAGE LOAD TRAILER i S - Net 30 ?_ - 1 EXEMPT # _ __ _ --!---- _ TICKET NO. Qty Unit Item Description ------------------- ---- ---- -------- 126915 -- -- - --- --- Structure: ----------- ---_Weight Unit Price TX - Extension 1 EA MHG14M 14 M DIRECT DR IVE GASKET W/ BOLT & 2 - - #188 CLAMPS 0 $57.75 $57.75 - - _ Structure Total ---- Posted 11/3/2010 ---------- ----- Total Weight $57.75 Taxable $57.75 Non-Taxable $0.00 Sub Total $57.75 -- Tax $3.46 Invoice Total $61.21 -- Less Deposit $0.00 Invoice Balance $61.21 **Please include the invoice number with your payment. Billing questions can be directed to 717-932-6807 or Monarch(a)ptd net** A finance charge of 1 % per month will be charged on all balances over 30 days past due. Minimum finance charge is $2.00. Monarch Products Co., Inc. 385 Sipe Road INVOICE 126804 York Haven, PA 17370 *AR Phone: (717) 938-8303 Invoice Date: 10131/2010 Fax: (717)938.5908 Sold to: BRCO --- '- -- ----------------__, B & R CONSTRUCTION SERVICES INC. Job Number: 20938 7045 BLUE RIDGE AVENUE Ship to: NEW CUMBERLAND SEWER MAIN REPLACEME HARRISBURG, PA 17112 NEW CUMBERLAND BORO. / CLIMB. COUNTY - -SHIP DATE j TRUCK 'DRIVER I - CONTRACT NO. ---- 10/28/2010 ---._ i TERMS --1--- . ___----- - GEORGE -? PAG'E LOAD TRAILER _ Net 30 SAES REP j-- ---- I AM 127904 - - EXEMPT # f MIKE TICKET NO. Qty Unit item 126804 Description Structure: SMH-150 Unit Price TX -- ---------- -- 1 EA MHB30 30" MANHOLE BASE 2 EA MHG18M 18 M PSX GASKET WITH 2 - #296 CLAMPS 3,182 2 EA MA 1 1/4" MASTIC (14.5') 0 0 Q Structure Total ---- - - Structure: SMH-152 -- $407.40 1 EA MH830 30" MANHOLE BASE 1 EA MHFC4 FLOW CHANNEL FOR 4' DIA. MANHOLE 3,182 1 EA MHM24 24" MANHOLE MIDDLE 1,400 1 EA MHM60 60" MANHOLE MIDDLE 1,600 Q 1 EA MHC30 30" MANHOLE CONE WITH INSERTS 4.000 2 EA MHG18M 18 M PSX GASKET WITH 2 - #296 CLAMPS 2000 6 EA MA 1 1/4" MASTIC (14.5') 0 0 Structure Total Structure: SMH-152-A - ...... $1,044.75 ..... .... 1 EA MHB30 30" MANHOLE BASE 1 EA MHFC4 FLOW CHANNEL FOR 4' DIA. MANHOLE 3,073 1 EA MHM24 24" MANHOLE MIDDLE 1,400 Q 1 EA MHM60 60" MANHOLE MIDDLE 1,600 1 EA MHR2S 2" HIGH, 24" DIA. MH RISER WITH SLOTS 4.000 Q 1 EA MHC30 30" MANHOLE CONE WITH INSERTS 78 3 EA MHG18M 18 M PSX GASKET WITH 2 - #296 CLAMPS 2000 6 EA MA 1 1/4" MASTIC (14.5') 0 0 Q ... - _ ...... Structure Total $1,149.75 Posted: 10/31/2010 Total Weight 27,515 -- Taxable $2,601.90 Non-Taxable $0.00 Sub Total $2,601.90 Tax $156.11 Invoice Total $2,758.01 Less Deposit $0.00 Invoice Balance $2,758.01 "Please include the invoice number with your payment. Billing questions can be directed to 717-932-6807 or monarch() ptd net., A finance charge of I% per month will be charged on all balances over 30 days past due. Minimum finance charge is $2.00. i' c-70-5470219 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that we, B & R Construction Services, Inc, as Principal (the "Principal', and Erie Insurance Company T ?- a Corporation organized and existing under laws of the Commonwealth of _ PennsUl vani a as Surety (the "Surety), are held and firmly bond unto the Boroueh of New Cumberland as Obligee (the "Obligee"), as hereinafter set forth, in the full and Just sum ofOne H 5walty-swm MnBa d Far H dmd Eighty _ Dollars ($_ 177.488.00 lawful money of the United States of America, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WITNESSETH THAT: WHEREAS, the Principal heretofore has submitted to the Obligee a certain proposal, dated June 4 , 2010 (the "Proposal"), to perform certainsani 1 ary Sewer RP placement Work for the Obligee, in connection with New Cumberland Bonough pursuant to plans, specifications and other related documents, which are incorporated into the Proposal by reference (the "Contract Documents"), as prepared by FPF Const,l t-ing Engineers Registered Engineers of Dillsburg`. , Pennsylvania; and WHEREAS, the Obligee is a "Contracting Body" under provisions of Act No. 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known as and cited as the "Public Works Contractor's Bond Law of 1967" (the "Act")' and WHEREAS, the Act, in Section 3(a), requires that, before an award shall be made to the Principal by the Obligee in accordance with the Proposal, 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 Proposal; and LD-8 j EXHIBIT WHEREAS, it also is a condition of the Contract Documents that this Bond shall be fuunished by the Principal to the Obligee; and WHEREAS, under the Contract Documents, it is provided, inter alia, that if the Principal shall furnish this Bond to the Obligee, and if the Obligee shall make an award to the Principal in accordance with the Proposal, then the Principal and the Obligee shall enter into an Agreement with respect to performance of such work (the "agreement"), the form of which Agreement is set forth in the Contract Documents. NOW, THEREFORE, the terms and conditions of this Bond are and shall be. that if the Principal and any subcontractor of the Principal to whom any portion of the work under Agreement shall be subcontracted, and if all assignees of the Principal and of any such subcontractor, promptly shall pay or shall cause to be paid, in full, all money which may be due any claimant supplying labor or materials in the prosecution and performance of the work in accordance with the Agreement and in accordance with the Contract Documents, including any amendment, extension or addition to the Agreement and/or to the Contract Documents, for material furnished or labor supplied or labor performed, then this Bond shall be void; otherwise, this Bond shall be and shall remain in 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 Agreement, including any amendment, extension or addition to the Agreement. The term "claimant", when used herein and as required by the Act, shall mean any individual, firm, partnership, association or corporation. The phrase "labor or materials", when used herein and as required by the Act, shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the work covered by the Agreement. As required by the Act, the provisions of this Bond shall be applicable whether or not the material furnished or labor performed enters into and becomes a component part of the public building, public work or public improvement contemplated by the Contract Documents and the Agreement. As provided and required by the Act; the Principal and the Surety agree that any claimant, who has performed labor or furnished material in the prosecution of the work in accordance with the Agreement and in accordance with the Contract Documents, including any amendment, extension or addition to the Agreement and/or to the Contract LD-9 Documents, and who has not been paid therefor, in full, before the expiration of ninety (90) days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which payment is claimed, may institute an action upon this Bond, In the name of the claimant, in assumpsit, to recover any amount due the claimant for such labor or material, and may prosecute such action to final judgment and may have execution upon the judgment; provided, however-that (a) any claimant who has a direct contractual relationship with any subcontractor of the Principal, but has no contractual relationship, expressed or implied, with the Principal, may institute an action upon this Bond only if such claimant first shall have given written notice, served in the manner provided in the Act, to the Principal, within ninety (90) days from the date upon which such claimant performed the last of the labor or furnished the last of the materials for which payment is claimed, stating, with substantial accuracy, the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished; and (b) no action upon this Bond shall be commenced after the expiration of one (1) year from the day upon which the last of the labor was performed or material was supplied, for the payment of which such action is instituted by the claimant; and (c) every action upon this Bond shall be instituted either in the appropriate court of the County where the Agreement is to be performed or of such other County as Pennsylvania statutes shall provide, or in the United States district court for the districts in which the project, to which the Agreement relates, is situated, and not elsewhere. The Bond is executed and delivered under and subject to the Act, to which reference hereby is made. The Principal and the Surety agree that any alterations, changes and/or addition to the Contract Documents, and/or any alterations, changes and/or additions to the work to be performed under the Agreement in accordance with the Contract Documents, and/or any alterations, changes and/or additions to the Agreement, and/or any giving by the Obligee of any extensions of time for the performance of the Agreement in accordance with the Contract Documents, and/or any act of forbearance of either the Principal or the Obligee toward the other with respect to the Contract Documents and the Agreement, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents and by the Agreement, 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 liability and obligations under this Bond; and the Surety, for LD-10 value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage, If the Principal is a foreign Corporation (incorporated under any laws other than those of the Commonwealth of Pennsylvania) then further terms and conditions of this Bond are and shall be that the Principal or the Surety shall not be discharged from liability on this Bond, nor this Bond surrendered until such Principal files with the Obligee a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all bonus taxes, penalties and interest, and a certificate fEom the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of Labor and Industry, evidencing the payment of all unemployment compensation, contributions, penalties and interest due the Commonwealth from said Principal or any foreign corporation, sub- contractor thereunder or for which liability has accrued but the time for payment has not arrived, all in accordance with provisions of the Act of June 10, 1947, P.L. 493, of the Commonwealth of Pennsylvania, PROVIDED, FURTHER, that it is expressly agreed that this Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the Contract Price more than twenty (20%) percent, so as to bind the Principal and the Surety to the full and faithful performance of the Contract as so amended. The term "Amendment", wherever used in this Bond and whether referring to this Bond, the contractor or the loan documents shall include any alteration, addition, extension or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor WWI abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WM4ESS WHEREOF, the Principal and the Surety cause this Bond to be signed, sealed and delivered this 4th day of June 20_1Q-. (Individual Principal) Witness: (Signature of Individual) (Seal) Trading and doing business as LD-11 Witness: (Partnership Principal) (Name of Pannership) (Partner) (Seal) (Partner) (Seal) (Partner) (Seal) (Partner) (5081) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Corporation Principal) Attest: (Assistant) Secretary (Name of Corporation) (Vice) President (Or if appropriate) Witness: B & R;'.Cbnstruction Services, Inc. (Name of Corporation) ( hOrJ d Representative) 'Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute in behalf of the Corporation. LD-12 (Corporation Surety) Witness: Erie Insurance Co onv ton / ` (*ttomeyo-irn-eae'l) k'Attach an appropriate Power of Attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-in-Fact to act in behalf of the corporation. Note: Date of Bond must not be prior to date of Notice of Intent to Award, If Contractor is partnership, all partners should execute Bond. Important- Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. LD-13 A Erie 2\ Insurance® POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That ERIE INSURANCE COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, does hereby make, constitute and appoint --------- ------------------------ ---_ ------ ---------------- Francis V. Schwenk, Jeffry B. Smith, Thomas E. Goebeler and Candace Deibert ---------------- -__ individually, its true and lawful Attomey-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed: any and all bonds and undertakings of suretyship, ----------------- each in a penalty not to exceed the sum of five hundred thousand dollars ($500,000.00). ----------____? And to bind ERIE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by the appropriate officer of ERIE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attomey(s)- in-Fact may do in pursuance hereof. The Power of Attorney is granted under and by authority of the following Resolution adopted by the Board of Directors of ERIE INSURANCE COMPANY on the I 1 th day of March, 2008, and said Resolution has not been amended or repealed: "RESOLVED, that the President, or any Senior Vice President or Vice President shall have power and authority to: (a) Appoint Attomey(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and, (b) Remove any such Attorney-in-Fact at any time and revoke the power and authority given to him; and RESOLVED, that Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertak- ings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." This Power of Attorney is signed and sealed by facsimiles under and by virtue of the following Resolution adopted by the Board of Directors of ERIE INSURANCE COMPANY on the l 8th day of September, 2008, at which a quorum was present and said Resolution has not been amended or repealed: "RESOLVED, that the signature ofTerrence W. Cavanaugh, as President and Chief Executive Officer of the Company, and the Seal of the Company may be affixed by the following facsimiles on any Limited Power ofAttomey for the execution of bonds, undertak- ings, recognizances, contracts and other writings in the nature thereof, and the signature of James J. Tanous, as Secretary of the Company, the Seal of the Company, the signature of Sheila M. Hirsch, as Notary Public, and her Notarial Seal, may also be affixed by the following facsimiles to any certificate or acknowledgment of any such Limited Power of Attorney, and only under such circumstances shall said facsimiles be valid and binding on the Company." ,0 ?ANCF''' IN WITNESS WHEREOF, ERIE INSURANCE COMPANY •2a\ J ...a Fo - has caused these presents to be signed by its President and Chief Executive Officer, and its corporate seal to be hereto T! 1972 ;-0 affixed this 18th day of September, 2008. - Cr' J=- -?, FRE• PP. ?. STATE OF PENNSYLVANIA ss. COUNTY OF ERIE On this 18th day of September, 2008, before ine personally came Terrence W. Cavanaugh, to me known, who being by m' duly sworn, did depose and say: that he is President and Chief Executive Officer of ERIE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the Seal of said corporation; that the Seal affixed to the said instrument is such corporate Seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE 1, James J. Tanous, Secretary of ERIE INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is still in full force and effect as of the date below. In witness whereof, I have hereunto subscribed my name and affixed corporate Seal of the Company by facsimiles pursuant to the action of the Board of Directors of the Company, ?v?, :' ONW? ?? N ?''' V S Z Cl) , of r Nsyo rgHy •PVg?,. 2? p4iP?rr? o 0 'Lui 1972 i ?'S ER1E P' ,`C' _ ,,, ,0o r1o Terrence W. Cavanaugh President and Chief Executive Officer My commission expires June 27, 2012 Notary Public Jame J Tanous, ?crete`?',ry7Ld/? this 4th day of June 20 1,0 SF57 9/08 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILE 'OFF«r Sheriff C i' ! H ? F r : 0 T'I-v '? C. TA `i Jody S Smith Chief Deputy Richard W Stewart Solicitor ., `1' OFf i'E '?F THE S-ERIFF t fI f -Y5. A E,• !..) CfJ 3Er`L AWj0 -It{.5i+.i PENNS`I'U ;i 3w Monarch Products Company, Inc. vs. Case Number B & R Construction Services, Inc. (et al.) 2011-3677 SHERIFF'S RETURN OF SERVICE 05/10/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: B & R Construction Services, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 05/17/2011 Dauphin County Return: And now, May 17, 2011 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for B & R Construction Services, Inc. the defendant named in the within Complaint and Notice and that I am unable to find them in the County of Dauphin and therefore return same NOT FOUND. Request for service at 540 Indian Run Drive, Hummelstown, Pennsylvania 17036 is vacant. SHERIFF COST: $37.44 May 24, 2011 fci CountySurte Sheriff. Teieosott. 1,1c SO ANSWERS, RON R ANDERSON, SHERIFF .firs of the S err-'L,& William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy MONARCH PRODUCTS COMPANY INC. VS County of Dauphin B & R CONSTRUCTION SERVICES INC. Sheriff s Return No. 2011-T-2269 OTHER COUNTY NO. 20113677 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for B & R CONSTRUCTION SERVICES INC. the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MAY 17, 2011. 540 INDIAN RUN DRIVE, HUMMELSTOWN, PA 17036 IS A VACANT HOUSE Sworn and subscribed to before me this 19TH day of May, 2011 -?Z*az COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, Sheriff of Dauphin gunft)?a. , By ,? - - Deputy Sheriff Deputy: G MILLER Sheriffs Costs: $49.25 5/16/2011 r C' -Orn C? CQ -n = r.{ :•7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONARCH PRODUCTS COMPANY, INC., Plaintiff, No. 11-3677 V. B&R CONSTRUCTION SERVICES INC., THE BOROUGH OF NEW CUMBERLAND and ERIE INSURANCE COMPANY, CIVIL ACTION-LAW Defendants. PRAECIPE TO REMOVE To the Prothonotary: (X) Please mark the above-captioned action settled and satisfied. ( ) Please mark the above-captioned judgment or lien settled and satisfied. (00512830/1) A Respectfully submitted, CGA LAW FIRM Date: September 2, 2011 (00512830/1) 2 Marisa G. utton, Esquire PA 206767 135 North George Street York, PA 17401 (717) 848-4900 (717) 843-9039 (f) mbutton@cgalaw.com Attorneys for Plaintiff i 1 CERTIFICATE OF SERVICE I hereby certify that on this date a copy of the foregoing PRAECIPE TO REMOVE was served on the persons, at the addresses, and in the manners indicated below, in accordance with the Rules of Civil Procedure: SERVICE BY UNITED STATES MAIL, FIRST-CLASS POSTAGE PREPAID TO: B&R Construction Services, Inc. 7045 Blue Ridge Avenue Harrisburg, PA 17112 Andrew C. Sheely, Esquire Attorney at Law 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Attorney for The Borough of New Cumberland Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Harrisburg, PA 17011 (717) 975-8114 (717) 975-8124 (f) bkronthal@margolisedelstein.com Attorney for Erie Insurance Company Date: September 2, 2011 Respectfully submitted, CGA LAW FIRM l/ Brett V. Kendig, Paralega (00512830/1)