HomeMy WebLinkAbout12-1499IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BEACON SALES ACQUISITION, INC.
d/b/a NORTH COAST COMMERCIAL ROOFING
2440 Edison Blvd.
Twinsburg, OH 44087,
Plaintiff
vs.
Case No. 1 - /yqq Civil Term
M.J. ENTERPRISES OF PENNSYLVANIA, LLC
44 Brandt Lane
Newville, PA 17241,
MAURA A. JENKINS
5 E. Maplewood Avenue, Apt. 1
Mechanicsburg, PA 17055,
WARFEL CONSTRUCTION COMPANY
1110 Enterprise Road
East Petersburg, PA 17520
and
TRAVELER CASUALTY AND SURETY
COMPANY
Suite 2900 West. Tower
1500 Market Street
Philadelphia, PA 19102
Defendants
Civil Action
eM? r _?
?; ..
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue summons in the above case
Writ of Summons shall be issued and forwarded to
Dated: February 29, 2012
St2 n J.
Attorney I.D. o. 56293
111 North Sixth Street
P.O. Box 679
Reading, Pennsylvania 19603
(610) 478-2133
sja@stevenslee.com
• • • • •
WRIT OF SUMMONS
TO:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION
AGAINST YOU. Prothonotary/Clerk, Civil Division (3s
Date: ? y 4-103.75 Pa ATrV
Deputy e,# $_ q_I
? qa?as
S1„1. 1 i34795v1 107103.00001 e*0
Thomas R. Davies, Esq., PA I.D. # 35260
Email: tdavies&h-dlaw.com
Shannon O. Young, Esq., PA I.D. # 200381
Email: syoungL&h-dlaw.com
HARMON & DAVIES, P.C.
2306 Columbia Avenue
Lancaster, PA 17603
Telephone: 717-291-2236
Facsimile: 717-291-5739
Attorneys for Defendant,
Warfel Construction Company
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BEACON SALES ACQUISITION, INC. d/b/a
NORTH COAST COMMERCIAL ROOFING,
Plaintiff,
vs.
M.J. ENTERPRISES OF PENNSYLVANIA, LLC,
MAURA A. JENKINS,
WARFEL CONSTRUCTION COMPANY, and
TRAVELER CASUALTY AND SURETY
COMPANY,
Defendants.
Case No. 12-1499 Civil Term
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Thomas R. Davies, Esquire, Shannon O. Young, Esquire
and the law firm of Harmon & Davies, P.C. on behalf of Defendant Warfel Construction
Company in the above-captioned matter.
-TIC
t P,
^„fit' r'l 22 Pr°; !'
'MSERLAND COUNTY
PENNSYLVANIA
Respectfully submitted,
HARMON & DAVIES, P C.
C?
Dated: March 21, 2012 By:'t'-'
Thomas R. Davies, sq.
Shannon O. Young, Esq.
11
Thomas R. Davies, Esq., PA I.D. # 35260
Email: tdaviesgh-dlaw.com
Shannon O. Young, Esq., PA I.D. # 200381
Email: syoung (a-)h-dlaw.com
HARMON & DAVIES, P.C.
2306 Columbia Avenue
Lancaster, PA 17603
Telephone: 717-291-2236
Facsimile: 717-291-5739
Attorneys for Defendant,
Warfel Construction Company
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BEACON SALES ACQUISITION, INC. d/b/a
NORTH COAST COMMERCIAL ROOFING,
Plaintiff,
vs.
M.J. ENTERPRISES OF PENNSYLVANIA, LLC,
MAURA A. JENKINS,
WARFEL CONSTRUCTION COMPANY, and
TRAVELER CASUALTY AND SURETY
COMPANY,
Case No. 12-1499 Civil Term
Defendants.
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a true and correct copy of the foregoing
Praecipe for Entry of Appearance upon the persons and in the manner indicated below, which
service satisfies the requirement of Pa. R.C.P. No. 440:
Service by First Class Mail
Addressed as Follows:
Steven J. Adams, Esq.
111 North Sixth Street
P. O. Box 679
Reading, PA 19603
(Attorneys for Plaintiff)
M.J. Enterprises of Pennsylvania, LLC
44 Brandt Lane
Newville, PA 17241
Maura A. Jenkins
5 E. Maplewood Avenue, Apt.
Mechanicsburg, PA 17055
Traveler Casualty and Surety Co.
Suite 2900 West Tower
1500 Market Street
Philadelphia, PA 19102
HARMON & DAVIES, P.C.L
Dated: March 21, 2012 By: 9
Thomas R. Davies, Esq.
Shannon O. Young, Esq.
2
Thomas R. Davies, Esq., PALIl?# F
Email: tdaviesnh-dlaw.com
Shannon O. Young, Esq., PAWW 0`0381 ?a
Email: syoun?(a?h-dlaw.com,,,,")" ? i?L?FiD L HARMON & DAVIES, P.C. Y ?'tS`? I V'`
2306 Columbia Avenue
Lancaster, PA 17603
Telephone: 717-291-2236
Facsimile: 717-291-5739
Attorneys for Defendant,
Warfel Construction Company
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BEACON SALES ACQUISITION, INC. d/b/a
NORTH COAST COMMERCIAL ROOFING,
Plaintiff,
VS.
M.J. ENTERPRISES OF PENNSYLVANIA, LLC,
MAURA A. JENKINS,
WARFEL CONSTRUCTION COMPANY, and
TRAVELER CASUALTY AND SURETY
COMPANY,
Defendants
Case No. 12-1499 Civil Term
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Thomas R. Davies, Esquire, Shannon O. Young, Esquire
and the law firm of Harmon & Davies, P.C. on behalf of Defendant Travelers Casualty and
Surety Company in the above-captioned matter.
Respectfully submitted,
HARMON & DAVIES, P.C.
?i
Dated: April 11, 2012 By:,: "--
Thomas R. Davies, sq?
Shannon O. Young, Esq.
Thomas R. Davies, Esq., PA I.D. # 35260
Email: tdavies(a&,h-dlaw.com
Shannon O. Young, Esq., PA I.D. # 200381
Email: swung(&h-dlaw.com
HARMON & DAVIES, P.C.
2306 Columbia Avenue
Lancaster, PA 17603
Telephone: 717-291-2236
Facsimile: 717-291-5739
Attorneys for Defendant,
Warfel Construction Company
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BEACON SALES ACQUISITION, INC. d/b/a
NORTH COAST COMMERCIAL ROOFING,
Plaintiff,
vs.
M.J. ENTERPRISES OF PENNSYLVANIA, LLC,
MAURA A. JENKINS,
WARFEL CONSTRUCTION COMPANY, and
TRAVELER CASUALTY AND SURETY
COMPANY,
Defendants.
Case No. 12-1499 Civil Term
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a true and correct copy of the foregoing
Praecipe for Entry of Appearance upon the persons and in the manner indicated below, which
service satisfies the requirement of Pa. R.C.P. No. 440:
Service by First Class Mail
Addressed as Follows:
Steven J. Adams, Esq.
11 I North Sixth Street
P. O. Box 679
Reading, PA 19603
(Attorneys for Plaintiff)
M.J. Enterprises of Pennsylvania, LLC
44 Brandt Lane
Newville, PA 17241
Maura A. Jenkins
5 E. Maplewood Avenue, Apt.
Mechanicsburg, PA 17055
HARMON & DAVIES, P.C.
"?? 9, G
Dated: April 11, 2012 By:?
T omas R. Davies, Esq.
Shannon O. Young, Esq. {
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
„??, tr{ i-kuurrp?
FILED-OFFICE:
`I I 'HE PROTNOWOTAI=
2012 MAY -I AM 8: 16
CUMBERLAND CQUNT'r
PENNSYLVANIA
Beacon Sales Acquisition, Inc. Case Number
vs.
M.J. Enterprises of Pennsylvania, LLC (et al.) 2012-1499
SHERIFF'S RETURN OF SERVICE
03/09/2012 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: Warfel Construction Company, but was unable to
locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to
serve the within Writ of Summons according to law.
03/09/2012 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: Travelers Casualty and Surety Company, but was
unable to locate them in his bailiwick. He therefore deputized the Sheriff of Philadelpphia County,
Pennsylvania to serve the within Writ of Summons according to law.
03/15/2012 03:20 PM - Lancaster County Return: And now March 15, 2012 at 1520 hours I, Terry A. Bergman,
Sheriff of Lancaster County, Pennsylvania, do hereby certify and return that I served a true copy of the
within Writ of Summons, upon the within named defendant, to wit: Warfel Construction Company by
making known unto Ralph Simpson, President and CEO of Warfel Construction Company at 1110
Enterprise Road, East Petersburg, Pennsylvania 17520 its contents and at the same time handing to him
personally the said true and correct copy of the same.
03/21/2012 07:02 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on March
21, 2012 at 1902 hours, she served a true copy of the within Writ of Summons, upon the within named
defendant, to wit: M.J. Enterprises of Pennsylvania, LLC, by making known unto Maura Jenkins, Owner of
M.J. Enterprises of Pennsylvania, LLC at 101 Big Spring Avenue, Newville, Cumberland County,
Pennsylvania 17241 its contents and at the same time handing to her personally the said t nd correct
copy of the same. ?ii-
VALERIE WEARY, DEPUTY
03/27/2012 Jewell Williams, Sheriff of Philadelphia County, who being duly sworn according to law, states that on
March 27, 2012, he was unable to serve a true copy of the within Writ of Summons, upon the within
named defendant, to wit: Travelers Casualty and Surety Company. Deputies were advised the correct
address for this Defendant is 1500 Market Street, Suite 2900, Philadelphia, Pennsylvania 19102.
04/25/2012 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: Maura A. Jenkins, but was unable to locate her in his
bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Maura A.
Jenkins. Request for service at 5 E. Maplewood Avenue, Apartment 1, Mechanicsburg, Pennsylvania
17055 the Defendant was not found. The Mechanicsburg Postmaster has confirmed, Maura A. Jenkins'
new address is 101 W. Big Spring Avenue, Newville, Pennsylvania. Deputies were unable to attempt
service at new address before the Writ of Summons expired.
SHERIFF COST: $143.45
April 26, 2012
SO ANSWERS,
RONN'Y R ANDERSON, SHERIFF
SHERIFF'S OFFICE
50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (717) 299-8200
SHERIFF SERVICE ?'
,
PROCESS RECEIPT, and AFFIDAVIT of RETURN
1. PLAINTIFF/S/ 2. COURT DOCKET NUMBER
Beacon sales Acqusition, Inc. d/b/a North Coast Commercial Roofing
3. DEFENDANT/S/ 4. TYPE OF DOCUMENT TO BE SERVED
M.J. Enterprises of PA, Maura A. Jenkins, Warfel Construction Company & Travelers Casualty & Surety Writ of Summons
SERVE ,5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED
Warfel Construction Company
6. ADDRESS (Street or RFD. ADartment No.. Citv. Boro. Two.. State and ZIP Code)
AT 1110 Enterprise Road, East Petersburg, PA 17520
Now, 20 1 SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of
County to execute the writ and make return thereof according to law. This deputation being made at the
request and risk of the plaintiff Sheriff of Lancaster County
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVEROEWAT.CHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of
whomever is found in possession, after notifying person of levy or atfichment, without liability n the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs
sale thereof.
9. SIGNATURE OF ATTO OR OTHER ORIGINATOR rint Name 10. TELEPHONE NUMBER 11. DATE
Steven J. Adams 610-478-2133 Feb 29, 2012
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed)
Steven J. Adams, Esquire, Stevens & Lee, 111 N. Sixth Street, PO Box 679, Reading, PA 19603-0679
Kin
13.1 acknowledge receipt of the writ NAME of authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date
or complaint as indicated above
16.1 Hereby CERTIFY and RETURN that I I have personally served, I have legal evidence of service as shown in "HemarKs", I have executes as
shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual,
17, 1 hereby Certl and return a NU I I-UUNU because I am unable to locates the InaIVIQUal, om an , cor oration, etc., namea above.
18. Name and title of individual Served(if not shown above) (Relationship to Defendant)
19. (- No Service See Remarks Below
20. Address of where served (Complete only it different than shown above)(Street or RFD, Apartment No., City,
Boro, TWP, State and ZIP Code) 21. Date of Service 22. Time AM/PM
E.S.T/ E.D.S.T
23. Attempts Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int
24. Advance Costs 25. Service Costs 26. Notary Costs 27. Mileage/Postage/N.F 28. Total Costs 29. COST DUE OR REFUND
30. Remarks:
S.T.A.:
31. AFFIRMED and subscribed to
34. day of
37
me
Prothonotary/Deputy/Norary Public
MY COMMISSION EXPIRES
20 32. Signature of Dep. Sheriff
35. Signature
SO ANSWER.
33.Date
MARK S. REESE, SHERIFF OF LANCASTER COUNTY PA
qfq
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff 'r
Jody S Smith Richard W Stewart
Chief Deputy Solicitor
Beacon Sales Acquisition, Inc. Case Number
vs. 2012-1499
M.J. Enterprises of Pennsylvania, LLC (et al.)
SERVICE COVER SHEET
o ?..
N
c Service Details:
o Category: Civil Action - Writ of Summons Zone:
X Manner. Deputize Expires: 04/04/2012 Warrant:
W Notes: rt
LC90 Clerk Yvette Turco 717 723-4519
Q
m
W Serve To: 1?1i?1'Sivfc'e:
w
W Name: Warfel Construction Company Served: Personally - Adult In Charge Posted Other
a
W Primary 1110 Enterprise Road Adult In ) }?
Q Address: East Petersburg, PA 17620 Charge: 1?!Jr) Im Sr'jQ
Q Phone: DOB: Relation:
PY'isJu-,?' /CFO
0
W Alternate Date: -416-liz Time: 3 ` ?
to Address: / P
2
W Phone: Deputy 10-45 Mileage: O
w " Attorney f Originator:
0
Name: Steven J. Adams Phone: 610-478-2133
6ee 111 N 6th St. Reading PA 19603
???J4Et?t7?s:
Date:
Time: ZO ,,, m L C' ?O `???
cC4 Mileage:
N Deputy.
Notes 1 Special Instructions:
z R# 6814 $150.00 $30.50
P C r-,1 Z2'z-
5 -2
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D _-
o Now, arch 09, 2012 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Lancaster County to
V execute service of the documents herewith and make return thereof according to law.
J
w Return To:
m Cumberland County Sheriff's Office 21
3 One Courthouse Square
Carlisle, PA 17013 onny R Anderson, Sheriff
*FAw,i0L J- A&t4 _..
Steven J. Adams
Attorney I.D. No. 56293
Stevens & Lee
111 North Sixth Street
P.O. Box 679
Reading, Pennsylvania 19603-0679
Attorneys for Plaintiff
BEACON SALES ACQUISITION, INC. d/b/a
NORTH COAST COMMERCIAL ROOFING
SYSTEMS,
Plaintiff,
vs.
M. J. ENTERPRISES OF PENNSYLVANIA,
LLC, MAURA A. JENKINS, WARFEL
CONSTRUCTION COMPANY, AND
TRAVELERS CASUALTY AND SURETY
COMPANY,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 12-1499
To: M. J. Enterprises of Pennsylvania, LLC, Maura A. Jenkins,
Warfel Construction Company, and Travelers Casualty and Surety Company, Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint and notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
SL I 1 140190v 1 107103.00001
I .
Steven J. Adams
Attorney I.D. No. 56293
Stevens & Lee
111 North Sixth Street
P.O. Box 679
Reading, Pennsylvania 19603-0679
Attorneys for Plaintiff
BEACON SALES ACQUISITION, INC. d/b/a IN THE COURT OF COMMON PLEAS OF
NORTH COAST COMMERCIAL ROOFING CUMBERLAND COUNTY, PENNSYLVANIA
SYSTEMS, :
CIVIL ACTION - LAW
Plaintiff,
No. 12-1499
VS.
M. J. ENTERPRISES OF PENNSYLVANIA,
LLC, MAURA A. JENKINS, WARFEL
CONSTRUCTION COMPANY, AND
TRAVELERS CASUALTY AND SURETY
COMPANY,
Defendants.
COMPLAINT
1. Plaintiff Beacon Sales Acquisition, Inc., d/b/a North Coast Commercial
Roofing ("North Coast"), is a business corporation with a place of business at 3201 Expresso
Way, York, Pennsylvania 17406. Beacon Sales Acquisition, Inc., is the successor by merger to
North Coast Commercial Roofing Systems, Inc.
2. Defendant M. J. Enterprises of Pennsylvania, LLC ("M. J. Enterprises"), is a
Pennsylvania limited liability company with a last known address at 44 Brandt Lane, Newville,
Pennsylvania 17241.
3. Defendant Maura A. Jenkins ("Ms. Jenkins") is an adult individual with a last
known address at 5 East Maplewood Avenue, Apartment 1, Mechanicsburg, Pennsylvania
17055.
SL I 1140190v 1 107103.00001
4. Defendant Warfel Construction Company ("Warfel') is, upon information and
belief, a Pennsylvania business entity with a last known address of 1110 Enterprise Road, East
Petersburg, Pennsylvania 17520.
5. Defendant Travelers Casualty and Surety Company ("Travelers") is a
corporation duly authorized to engage in the general surety business in the Commonwealth of
Pennsylvania, and has a place of business located at 1500 Market Street, Suite 2900, West
Tower, Philadelphia, Pennsylvania 19102.
COUNT I - BREACH OF CONTRACT
North Coast vs. M. I Enterprises
6. North Coast incorporates herein by reference paragraphs 1 through 3 above as
if set forth at length herein.
7. On or about October 5, 2009, North Coast and M. J. Enterprises entered into a
written Credit Application and Supply Agreement (the "Supply Agreement") pursuant to which
M. J. Enterprises agreed that any extensions of credit by North Coast to M. J. Enterprises would
be subject to the terms and conditions set forth in the Supply Agreement. A true and correct
copy of the Supply Agreement is attached hereto, marked Exhibit "A" and incorporated herein
by reference.
8. On or about October 5, 2009, Ms. Jenkins executed and delivered to North
Coast her written personal guaranty (the "Guaranty"), wherein, for the purpose of inducing
North Coast to extend credit to M. J. Enterprises, she guaranteed and became surety for the
prompt payment when due of all amounts then due or thereafter owed by M. J. Enterprises to
North Coast. A true and correct copy of the Guaranty is attached hereto, marked Exhibit "B"
and incorporated herein by reference.
2
SL I 1 140190v 1 107103.00001
9. On or about October 7, 2009 North Coast's credit department approved the
Supply Agreement subject to the requirement that all extensions of credit to M. J. Enterprises
would require a joint check agreement among the M.J. Enterprises, North Coast and any general
contractor.
10. Between March 25, 2010, and April 28, 2011, M. J. Enterprises purchased
certain roofing materials (the "Materials") from North Coast pursuant to the Supply Agreement.
11. M. J. Enterprises did not pay for the Materials at the time of purchase and
delivery, but rather North Coast issued to M. J. Enterprises an invoice for each sale and delivery
of Materials (an "Invoice" and collectively, the "Invoices") showing the amount of the Materials
being delivered and the corresponding charge to M.J. Enterprises' account (the "Account").
12. Pursuant to the Supply Agreement, all the Invoices had to be paid within
thirty (30) days or they would be deemed past due.
13. M. J. Enterprises failed to pay for all of the outstanding Invoices within the
time required by the Supply Agreement. True and correct copies of the outstanding Invoices are
attached hereto, marked Exhibit "C" and incorporated herein by reference.
14. As of May 31, 2012, the past due amount owed by M. J. Enterprises to North
Coast for the outstanding Invoices charged to the Account, together with accrued finance
charges, is $83,134.35. A true and correct copy of the statement of M. J. Enterprises'
outstanding Account at North Coast is attached here to, marked Exhibit "D" and incorporated
herein by reference.
15. M. J. Enterprises has breached its Supply Agreement with North Coast by
failing to pay for the Materials within the time required by the Supply Agreement.
3
SL I 1140190v 1 107103.00001
16. As a result of the foregoing breach, North Coast has suffered damages in the
amount of $83,134.35 as more fully described above.
17. Pursuant to the terms of the Supply Agreement, M. J. Enterprises is also
liable to North Coast for additional finance charges after May 31, 2012, at the rate of 18% per
annum or $34.79 per day.
WHEREFORE, plaintiff Beacon Sales Acquisition, Inc., d/b/a North Coast
Commercial Roofing Systems prays that judgment be entered in its favor and against defendant
M. J. Enterprises of Pennsylvania, LLC, in the amount of $883,134.35, plus interest after
May 31, 2012, at the rate of $34.79 per day, plus costs of suit, and for such other relief as the
Court finds proper.
COUNT II - BREACH OF GUARANTY
North Coast vs. Maura A. Jenkins
18. North Coast incorporates herein by reference paragraphs 1 through 17 above
as if set forth at length herein.
19. Pursuant to the terms of the Guaranty, Ms. Jenkins guaranteed the prompt and
full payment when due of all amounts owed to North Coast by M. J. Enterprises.
20. Ms. Jenkins is in breach of her obligations to North Coast under the Guaranty
by failing to make prompt payment of M. J. Enterprises' past due indebtedness to North Coast,
and as a result of such breach Ms. Jenkins is liable to North Coast in the amount of $83,134.35
plus additional finance charges and costs of suit.
4
SL I 1140190v 1 107103.00001
WHEREFORE, plaintiff Beacon Sales Acquisition, Inc., d/b/a North Coast
Commercial Roofing Systems prays that judgment be entered in its favor and against defendant
Maura A. Jenkins in the amount of $83,134.35, plus interest after May 31, 2012, at the rate of
$34.79 per day, plus costs of suit, and for such other relief as the Court finds proper.
COUNT III - BREACH OF PAYMENT BOND
North Coast vs. Travelers and Warfel
21. North Coast incorporates herein by reference paragraphs 1 through 20 above
as if set forth at length herein.
22. On or about November 12, 2009, Warfel entered into a construction contract
(the "Construction Contract") with the West Shore School District (the "WSSD") pursuant to
Warfel agreed to provide general construction work with respect to the erection of the new
Hillside Elementary School for WSSD (the "School").
23. Pursuant to the Construction Contract and applicable law, WSSD required
Warfel to procure a payment bond for the purpose of assuring payment to all persons who
supplied, labor, materials or equipment for use in the performance of the Construction Contract,
as required by the Pennsylvania Public Works Contractor's Bond Law, 8 Pa. C.S. § 191 et M.
24. On or about November 12, 2009, Warfel caused Travelers to issue a payment
bond as required by the Construction Contract (the "Payment Bond"). A true and correct copy
of the Payment Bond is attached hereto, marked Exhibit "E," and incorporated herein by
reference.
25. In connection with the performance of its work under the Construction
Contract, Warfel entered into a subcontract with M. J. Enterprises (the "Subcontract") who
agreed to provide certain roofing services and materials as a subcontractor.
SL I 1140190v l 107103.00001
26. Prior to March 4, 2010, M.J. Enterprises contacted North Coast requesting
North Coast to sell to M.J. Enterprises certain building materials with respect to M. J.
Enterprises' performance of its work under the Subcontract (the "School Materials")
27. Pursuant to the terms of the approved Supply Agreement, North Coast was
unwilling to extent credit to M.J. Enterprises with respect to the School Materials without
additional credit support, and North Coast requested M. J. Enterprises to approach Warfel about
entering into joint check agreement so that North Coast could obtain direct payment for the
School Materials from Warfel.
28. On or about March 4, 2010, Warfel, M.J. Enterprises and North Coast entered
into a Joint Check Agreement with respect to the School Materials (the "Joint Check
Agreement").
29. A true and correct copy of the Joint Check Agreement is attached hereto
marked as 'T' and incorporated herein by reference.
30. In the Joint Check Agreement the parties estimated that the total cost of the
School Materials would be approximately $250,000.
31. Between September 24, 2010 and April 28, 2011, North Coast sold to M.J.
Enterprises a total of $290,797.25 in School Materials that were incorporated into the School by
M. J. Enterprises in connection with the performance of its work under the Subcontract.
32. Between March 5, 2010 and April 13, 2011, Warfel issued joint checks
pursuant to the Joint Check Agreement to M.J. Enterprises and North Coast in the amount of
$211,576.89, leaving a balance due to North Coast of $79,200.36 with respect to the School
Materials.
6
SL I 1140190v] 107103.00001
33. At some time after April 13, 2011, M. J. Enterprises made a partial payment
of $3,129.22 with respect to the outstanding Invoices for the School Materials, leaving an
outstanding amount due North Coast under the Joint Check Agreement in the amount of
$76,096.14.
34. The amounts charged by North Coast for the School Materials are just and
reasonable and are those which M. J. Enterprises agreed to pay pursuant to the Supply
Agreement.
35. As of April 18, 2011, M. J. Enterprises and Warfel had only paid North Coast
$211,576.89 of the total of $290,792.25 that was due North Coast with respect the School
Materials under the Supply Agreement and the Joint Check Agreement.
36. On or about April 18, 2011, not having received full payment from M. J.
Enterprises for the School Materials, North Coast gave timely notice to Warfel of that is was
making a claim on the Payment Bond.
37. At all times relevant, North Coast was and is an obligee and intended
beneficiary of the Payment Bond.
38. At all times relevant, North Coast has performed and satisfied or otherwise
discharged any and all conditions precedent to recovery of its Claim under the Payment Bond.
39. Because Warfel entered into the Joint Check Agreement with Warfel and
Warfel has failed to discharge all of its obligations to North Coast under the Joint Check
Agreement, any defense to North Coast's claim on the Payment Bond based on Section 3939(b)
of the Pennsylvania Procurement Code is not available to either Warfel or Travelers.
40. The balance still due and owing to North Coast by M. J. Enterprises for the
School Materials is $76,096.14.
7
S L I 1140190v 1 107103.00001
WHEREFORE, plaintiff Beacon Sales Acquisition, Inc., d/b/a North Coast
Commercial Roofing Systems prays that judgment be entered in its favor and against defendants
Travelers Casualty and Surety Company and Warfel Construction Company, jointly and
severally in the amount of $76,096.14, plus costs of suit, and for such other relief as the Court
finds proper.
S
B
P.O. Box 679
Reading, PA 19603-0679
Tel: (610) 478-2133
Fax: (610) 988-0841
Email: sja@stevenslee.com
Attorneys for Plaintiff Beacon Sales Acquisition,
Inc. d/b/a North Coast Commercial Roofing
Systems
SL I 1140190v l 107103.00001
Attorney 11). No. 5bZVJ
111 North Sixth Street
VERIFICATION
I, Michael LeAnza, verify that I am a Credit Manager of Beacon Sales
Acquisition, Inc., d/b/a North Coast Commercial Roofing Systems, the plaintiff in the within
action; that as such employee I am authorized to make this verification on its behalf, and that the
facts set forth in the within Complaint are true and correct to the best of my knowledge,
information and belief. I understand that the statements herein are made subject to the penalties
of 18 Pa. C.S.A. §4904 (relating to unsworn falsificaNn to authorities).
Michael LeAnza
Credit Manager ?J J Beacon Sales Acquisition, Inc., d/b/a
North Coast Commercial Roofing Systems
SL I 1140190v] 107103.00001
CERTIFICATE OF SERVICE
I, STEVEN J. ADAMS, ESQUIRE, certify that on this date, I served a certified
true and correct copy of the foregoing Complaint upon the following parties or their counsel of
record by depositing the same in the United States mail, postage prepaid, addressed as follows:
M. J. Enterprises of Pennsylvania, LLC
44 Brandt Lane
Newville, PA 17241
Maura A. Jenkins
5 E. Maplewood Avenue, Apt. 1
Mechanicsburg, PA 17055
Shannon O. Young, Esquire
Harmon & Davies, PC
2306 Columbia Avenue
Lancaster, PA 17603
Date: June , 2012
Steven J. Adams
SL I 1140190v] 107103.00001
Exhibit 44 A"
.1013311& -
w
CREDIT APPLICATION
DATE 5
BRANCH
SALESID
N MSE OF 8115lN MOWS 60-f20
ADS "717- 9?6 - 96(5
N ,E UP ODD/ ACCOUNTS MAYA BU MANAOBR
NA R?.QFB?WNPBT DATO ESI' B
P /MA0. ADORC95
of
n
BUSINESS [3 CORPORATION O PARTNERSHIP ?IMITED LIARILITY CO. ? SOLE PROPRIETORSHIP
STRUCTURE _ Publicly Wd _ 00"cTal `
Closely Held_ LGnited
IF iNCORPORATBA;
DATE STATE
IF A DIVISION OR SUBSIDARY:
W D N OCApoN
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REFERENCE C:rY
I d S l-e-- ftsh In d 1 ?Dl 3
CF ": ACCOMNUMR SAVI"ACCDWNUNPR
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OPRC?R NAIL TELEMHONE W.M PER
CREDIT p DEPARTMENT USE JONLY
CREDIT LIMIT: Ort?,t- ? `q` + i- ? ?PPROVBA BY:
DATE: ? ? ,?' ! ACCOUNT NO;
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REVERBNCB WATE zW com
STAWT AUDRras S
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nRM NAME T NAME cU611E14TEALA
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PAY8AfACREPD PAST DUB TBRNM EMAIL
STATZMENT The undersigned, for the purpose of procuring and establishing credit from time to time with North Coast
OF DATA Comummial Roofing Systems, Inc, hereafter referred to as "Supplier' and to induce Supplier to peratit the
ACCURACY undersigned Custmer to become indebted to Supplier for the purchase of goods, materials andror services,
AND RNLEASE furnishes the above business and personal credit information. The undersigned, (jointly and individually, If
OF acertify that all the information In this Credit Application is complete, factual and correct, and
AUTHORMY understands the Supplier will rely on the acaaracy of this information for any credit that toay be extended. If any
TO VERIFY statement is not true in any material respect or if the Customer should file bankruptcy or if any other creditor tries to
seize the Customer's property or if any adverse change occurs in the Customer's financial condition, at the
Supplier's election, you may declare all of my indebtedness and obligations to you immediately due and payable
without demand or notice. The undersigned hereby expressly authorises Supplier to contact any parties listed by
Customer herein for the purpose of verifying any in6ormadon contained hi this Credit Application. The undersigned
hereby waives any right of privacy which it may have in any such information, and waives the effect and benefit of
any statotos or regulations wh ich give It the right to control or bar the releases of such credit information. Further,
the undersigned hereby authorizoa such parties to disclose to Supplier whatever information they may have with
respect to the undersigned's credit or financial status and hereby agree to hold such partias harmless for any such
disclosure, If any representations made in this Credit Application are untruc, the orldorsignod agrees that all
obligations of the Customer to, or held by, Supplier shall immediately b mme due and payable without demand or
notice, The undersigned hereby acknowledges reeclpt of a copy of this Credit Application.
-24"A4 --1aA1VL-
tLA
8 G R8 DATB
M
TYP$U NAME
SUPPLY AGREEMENT
CREDIT APPLICATION submitted to North Coast Commercial Roofing Systems, Inc. (Supplier)
on 1 ? by __ S 1~n erpfise??? Alfts'r??lll a LAP
DATE CUSTDMERNAME
Amounts due as a result of any and ail services purchased hereafter made by Customer from Supplier will be paid to Supplier on
the following terns and conditions.
`GERMS Unpaid invoices are pest due 30 days from date of invoice.
Past due accounts are subject to a fate charge of one and one-half percent (iii %) per month on the
LATE PAYMENT amount overdue.
BAD CHECKS A service charge of $20.00 will be applied to each returned oheck. If at any time, Customer fails to pay
,
C,Q.D invoices when due, or if for any reason Supplier feels insecure in extending credit, Supplier may
decline to provide further goods on credit.
FAILURE TO PAY Failure by Customer to pay any prat of the account when due, or in the event that proceedings in
OR INSOLVENCY bankruptcy, receivership, or insolvency are instituted by or against Customer or his property, Supplier
may, at his option, cause the entire unpaid balance to become due immediately payable and Supplier
shall have the right to enter at anytime without notice upon tho premises where any of the materials
procured by the Customer from Supplier are located, Customer hereby expressly waives any right to
action *which may accrue by reason of the entry for taking possession of or the selling of with respect
thereto, Customer will be liable for all costs of collection, including but not limited to attorney's fees
and court costs, if necessary.
PAYMENT IN Checks which have a notation on them depicting that the check constitutes payment in full, must be
FULL CHECKS mailed directly to 2440 Edison Blvd., Twinsburg, Ohio 44087, attention: Credit Department.
JURJSDICTION Applicant acknowledges that the decision of Supplier to extend credit to applicant will be made, in
whole or in part, in Summit County, Ohio. AccorcGngly, this Agreement shall be governed by and
construed in accordance with the laws of the state of Ohio. Applicant hereby consents to the
jurisdiction of the Summit County, Ohio Courts In the event that litigation concerning any part of this
Agreement or sale of goods occurs. Applicant expressly waives any defense attacking or questioning
the jurisdiction of the Summit County, Ohio Courts or the proper venue therein,
ADDITIONAL The Customer hereby agrees to execute such additional documents as the Supplier may require
SECURITY POP, including a personal and/or business guaranty and UCC Financing Statements as required from time to
PAYMENT time by the Supplier.
This Agreement covers all goods and services which the Customer may hereafter acquire at any time
ENTIRE from Supplier. No waivers or modifications of this Agreement shall be valid unless the same are in
AGREEMENT writing and executed by the parties hereto, This Contract shall apply and accrue to the benef t of, and
be binding upon, the heirs, executors, administrators, successors, and assigns of the respective parties.
Supplier span hold a security interest in the goads provided to Customer and in the proceeds derived
from the sale of Supplier's goods, until such time as Supplier receives full payment for same.
RECEIPT OF A COPY Customer hereby acknowledges the receipt of a copy of the Agreement at the time of its execution.
ACCEPTANCE BY CUSTOMER:
stg ATUtte
Maura A. Jenkins
TYPED NAME
POSITION
BY SUPPLIER:
SIONKCIME
TYPED NAME
POSITION
DATE DATE
Exhibit "B"
PERSONAL GUARANTY
TO, Nortlt Coast Commercial Roofing Systems, Inc.
As an Inducement to yqu to grant credr a"n= credit risk, imam time to time, in respect of sales of goods, supplies, or sorvioes
mode to you by .?°rOr;coc ??a??rG 4(company name} hereinafter referred to as the "Customer" or in
respect of any other type of transa on by w clr you may beoome die creditor of the Customer, the undersigned shall pay to you promptly
when due, or upon demand thesca$er, without deduction far any cialm or setoff or ootintemkiln of the Customer or loss of contribution from
any co-guarantor, or any other defense, the full amount of all obligations or indebtedness due to you from the Customer, including interest,
whether originating in transactions between you mid the Customer, or assigned or transferred to you, together with all expenses of collection
and/or reasonable counsel foes incurred by you by reason of the default as the Customer.
This is a continuing guaranty, and shall be revocable only as to transactions entered Into by you subsequent to the receipt by one of
your officers of notice of termination sent by the undersigned by registered or certifted mail.
Tie undersigned waives notice of acceptance hereof, and notice of orders, sales, and deliveries to the Customer, and of the amounts
and terms thereof, and all the defaults or disputes with the Customer, and' of the sotdemad or adjustment of such defaults or disputes. The
undersigned, without affecting his liability hereunder lit any respect, consents to and welves notice of all ohangbs of terms, the. withdrawal or
extension of credit or time to pay, the release of the whole or any part of the indebtedness, the settlement or compromise of differences, the
avmptatroe or release of security, the aceepternce of notes, Irade wzoptances or any other form of obligation for the Customer's indebtedness,
and the demand, protest, and notice of protest of such instruments or their endorsements. The undersigned also consents to and waives
notice of any arrangements or settlements made in or out of court In the event of the race7wership, liquidation, readjustment, bankruptcy,
reorganization, arrangement, or assignment for the benefit of creditors of the Customer, and anything whatsoever, whetlier or not herein
specified, which may be doors or waived by or between you and the Customer, or the Customer and any other person whose claims against
the Customer have been or shall be assigned or transferred to you.
The obligation of the undersigned is a primary or unconditional obligation, and coves all existing and future indebtedness of the
Customer to you, This obligation shall be enforceable before or after proceeding against the customer or against any security held by you,
and shall be affective regardless of the solvency or insolvency of the Customer at any time, the extension or modification of the indebtednoss
of the Customer by operstian of law, or the subsequent incorporation, reorganivotion, merger or consolidation of the Customer or any other
change in tiro composition, nature, personnel, or the location of the Customer.
All liabilities of the Customer and of the undersigned shall mature immediately upon the insolvency of the customer, the inability
of the Customer to meet its obligations as they become due, the appointment of a receiver, custodian or trustee for the Customer or any of its
property, the filing of a voluntary or involuntary petition for relief in bankruptcy, reorganization or arrangement, the making of an
assignment for the benefit of the creditors, or the calling ore meeting of oreditors. by the Customer or if any of the foregoing events shall
occur with respect to the undersigned.
Nothing herein coati mcd shall be construed as an obligation on your part to sell goods or extend credit to the Customer or as an
obligation to continue to sell goods or extend credit, Your records showing the acoount between you and the Customer shall be admissible
in evidence in any action or prpeeeding involving this guaranty, and such records shall be prima facie proof of the item thereln set forth.
Tiiia guamn For it purposes be deemed to be made in, and shell be governed by, the laws of the state of p o_ fir, %, I ,» _
his gue shall be binding upon the undersigned, his legal representatives, and assigns, and shall inure to your benefit and to the
of your
/ r- By a l*W a- - LLn=!?-
Wn'"an
?0
z PERSONAL OUARANTORSI NATURE
kins
J
A
'
2
DATE en
Maura
.
(HUNTED OR T MID NAME)
Horne Address;
By
PERSONAL OUAKANrOR S IONATURE
DATE
(PRINTED ORTVPP.D NAME)
Home Address:
Exhibit 44 C"
FromrBEACON ROOFING To:3304253697 MJ ENTERPRISES OF PE NS03675175.0.1 06102/2011 10;11 Page 2 of 4
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NORTH COAST YORK PA
R> 3201 Espresso Way
YORK, PA 17406
Telephone: 717-265-9110
III NMI A111,11111
INVOICE
NORTH COAST
14912 COLLECTIONS CENTER DRIVE
CHICAGO, !L 60693
1/0111
..... 280756
PAGE NO. 1
MJ ENTERPRISES OF PENNSYLVANIA
31 N. CORPORATION STREET
NEVVILLE, PA
17241
Customer Pickup
....... ....:::::.:::::::...............................................
280756 X63 Pickup Prepaid MET 30 DAYS
173 HILLSIDE ELEIIf 6.000 YRK00UIHILLSIDE ELEM TERRY FAUST }
PRODUCT DESCRIPTION UIM QUANTITY UNITPRICE EXTENSION
TBMYPF TBM PENNANT FLAGS YELLOW EA 5 10.0800 50.40
PENNANT OSHA Y
RECEIVED BY ?.?••••••:?!:^^ : {.!!:71?•;. :nrv;!.,n, a;:
50.40 3.021 .00 .00 53.42
ALL SALES ARE SOBJECT TO THE ACCOMPANYING OR PRE-APPROVED TERMS AND
COND!10NS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
End of Invoice
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VRSVFPBAS
Direct Prepaymou NET 30 DAYS
g.p(}p YRKOD041HILLSIDE ELE6A
DESCRIPTION
VRS DASH DC ADHESIVE WINTER CTN
315179 WINTER GRADE
FOUR- 1.5 LITER SETS PER CARTON
VRS VERSIFLEX PVC BONDING ADH5G
ADHESIVE 5 GALLON PAIL :309771
UIM QUANTITY UN1TPRiCE I EXTENSION
CTN 8 132.8000 1,062.40
5G L I 0 1 122.9000
I 1062.40 63.7
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
RECEIVED BY - - -
ALL SALES ARE SU3.1cCT TO THE ACCOMPANYING OR PRE-APPROVED TERMS AND
.00 L 00
End of Invoice
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NORTH COAST YORK PA
3201 Espresso Way
YORK, PA 17406
Telephone: 717-266-9110
6 MJ ENTERPRISES OF PENNSYLVANIA
31 N. CORPORATION STREET
17241
INVOICE
NORTH COAST rr;-'
14912 COLLECTIONS CENTER DRIVE ;
CHICAGO, IL 60693
PAGE NO. 1
MJ ENTERPRISES OF PENNSYLVANIA
HILLSIDE ELEMENTARY SCHOOL
NEW CUMBERLAND, PA 17071
280756 X63 Direct Prepald NFT MDAYS
t9ir;9f?!RRiid:??:'?>i???::?::;:T3tx:RRi?:::;; •..........•...
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PRODUCT DESCRIPTION U/M QUANTITY UNIT PRICE
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RECEIVED BY . ....... ............... ................
34706.46. 2082
ALL SALES ARE SUBJECT TO THE ACCOMPANYING OR PRE-APPROVED TERMS AND
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
EXTENSION
34,706.46
00 j 00 1 36788-8
End of Invoice
B RINVOIC
FrOID:BEECON ROOFING To.3304253697 MJ ENTERPRISES OF PE Msq#3875178.0.1 06/02/2011 10:14 Page 3 of 11
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NORTH COAST YORK PA
3201 Espresso Way
YORK, PA 17406
s' Telephone: 717-266-9110
MJ ENTERPRISES OF PENNSYLVANIA
31 N. CORPORATION STREET
17241
INVOICE
NORTH COAST
14912 COLLECTIONS CENTER DRIVE
CHICAGO, IL 60683
J PAGE NO. 1
MJ ENTERPRISES OF PENNSYLVANIA
HILLSIDE ELEMENTARY SCHOOL
NEW CUMBERLAND, PA 17070
210411.1
:ti: £??FT?;;' 28075F6
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280756 X63 of Prepat NL'T30 DAYS
.-. •an?nC tll?f ? L`If1C CI C { e.DOU
YRKD0041HILLStDE
TERRY FAUST
PRODUCT DESCRIPTION UIM QUANTITY UNITPRICE EX ENSION
PETA3CA10 PET.032 46X120 CLEAR ANODIZED SHT 20 62.4000 1,248.00
PETA5CA10 PET .050 48X120 CLEAR ANODIZED PC 5 91-2000 456.00
PETERSON
MSSED26SS410 MSS EDGE 26GA 4X1O STNLS STEEL SHT 5 94.0000 470.00
NCRTFS NCR TAXABLE FUEL SURCHARGE EA 1 35.0000 35.00
I >
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2209.00 132
ALL SALES ARE SUBJECT TO THE ACCOMPANYING OR PRE-APPROVED TERMS AND
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND UPPITA'nON OR REMEDIES
BVIN OLC
001 .00 j 2341.54
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NORTH COAST YORK PA
, k<:: 3201 Espresso Way
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YORK, PA 17406
9110
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• Telephone:717-266-
MJ ENTERIRISES OF PENNSYLVANIA
31 N. CORPORATION STREET
17241
INVOICE
NORTH COAST
14912 COLLECTIONS CENTER DRIVE
CHICAGO, IL 60693
PAGE NO, 1
J ENTERPRISES OF PENNSYLVANIA
LLSIDE ELEMENTARY SCHOOL
16 7T-1 1 STREET
=W CUMBERLAND, PA 17070
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260756 X63 Direct Prepaid NET 30 DAYS
:ate
..Gk/?1T•GtM;±Rfi`t?RCNt??9£:4.1?f,.cR21dr:::r; ::;?::::?:fjyY, .::::.:.::.::•.,.:;:
206 HILLSIDE 6.000 YRKWUIHILLSIDE ELEM JAY
PRODUCT DESCRIPTION U/M QUANTITY UNITPRICE EXTENSION
VPVC12W VRS PVC 080 12"X 59 WHITE RL 1 83.6000 83.60
VERSIFLEX FLASHING 307580
(1/CTN) VERSICO
VPVCIC VRS PVC INSIDE CORNER WHITE EA 24 3.1000 74.40
VERSIFLEX FLASHING 307712
(12/CTN-SOLD BY PIECE) VERSICO
VPVCOC VRS PVC OUTSIDE CORNER WHITE EA 60 3.1000 186,00
VERSIFLEX FLASHING 307715
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VRSUSPS VRS UNIVERSL SINGLE PLY SEALANT TB 24 4.3900 145.36
3 EQ 131...:; .....;; .'24'TSSl Y1V :..,
RECHVID BY - •: icvv,.?y.},..i: n..,.pq - yrt!^7Y:':
449.36 26,96 00 _ DO 476,32
ALL SALES ARE SUBJECT TO THE ACCOMPANYING OR PRE-APPROVED TERMS AND
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
End of Invoice
RRTN40IC
Ffom:BEACON ROOFING Too3304253697 NJ ENTERPRISES OF PE h6sq#3875180.0,1 06/02/2011 lC114 Paqe 5 of 11
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MJ ENTERPRISES OF PENNSYLVANIA
31 N. CORPORATION STREET
NEVVVILLL, PA
17241
<::Y•`'
INVOICE
NORTH COAST
14912 COLLECTIONS CENTER DRIVE
CHICAGO, IL 60693
PAGE NO, 1
MJ ENTERPRISES OF PENNSYLVANIA
HILLSIDE ELEMENTARY SCHOOL
NEI CU BERLAND, PA 17070
%:Y :`:'l:•.•::::'.ti'::::•::? :•. J:Y'f:M:ti'f:tiY : ;i•.r':?:•r.•.?. .
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280756 X63 Direct Prepaid NET 30 DAYS
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208 HILLSIDE ELEM 6.000 YRKOOD4 HILLSIDE ELEM
PRODUCT DESCRIPTION UIM QUAN17TY UNITPRICE EXTENSION
V414HPV VRS HPV FASTENER #t14 4-1/4" CAS 5 138.4200 692.10
VERSIGARD ATTACHMENT 1000/CS
302497 VERSICO
V2HPVMP VRS 2" HPV METAL MEMBRANE PLATE BX 5 78.8400 394.20
302936 FLAT BOTTOM 1000/CTN
RECEIVED BY i>:awp:cusng': ;:':: :: } •Li: •:!nr'; :<? :• i.nmw7}y!noaigwc; ?::::om oF!?!P.; :: :};:;w;}xca,•xivwvt; ':> ::
• ............................................ .... .............. ...........
1086.30 65,18 .00 .00 1151.48
ALL SALES ARE SUBJECT TO THE ACCOMPANYING OR PRE-APPROVED TERMSAND
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
End of Invoice
HRLNVOI('
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5: MJ ENTERPRISES OF PENNSYLVANIA
31 N. CORPORATION STREET
:Y 17241
INVOICE
NORTH COAST
14912 COLLECTIONS CENTER DRIVE
CHICAGO, IL 60693
PAGE NO. 1
MJ ENTERPRISES OF PENNSYLVANIA
HILLSIDE ELEMENTARY SCHOOL
NEW CUMBERLAND, PA 17070
:r.. :.}:<5;........,.:iiv,:y:•:•:<.•:•iirr::?;::;r ?•.wr,:;:;:;itii.ri rr --:. ri ... ... ?_.... _._ .. ._..._
2807 X63 Direct Prepaid NET 30 DAYS
x .
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;t;ti?x•R MF,.R?41?'iIE:ORD&Ettia:a?>'. < :;?: ?; TAiI:RA:..::•i :•:?: •? `:: ? :.::::. ? ::?:
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PRODUCT DESCRIPTION UIM QUANTITY UNIT PRICE EXTENSION
VPVCTJC VRS PVC 040 T-JOINT COVER WHITE EA 200 .6000 120.00
VERSIFLEX FLASHING 308224
(100/CTN SOLD BY PIECE) VERSICO
VPVCI2W VRS PVC 08012"X 59 WHITE RL 1 83.6000 83.60
VERSIFLEX FLASHING 307560
(1/CTN) VERSICO
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_03.60 12.22 .00 00 215.82
ALL SALES ARE SUBJECT TO THE ACCOMPANYING OR PRE•APPROVED TERM5 AND
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
End of Invoice
BIUNVOIC
Fxom.BEACON ROOFING To:3304253697 NJ ENTMRISES OF PE Msg#3075182.0.1 06/02/2011 10,14 Page 7 of it
,? Coast MEIN A Beamn Roofing SOP* Company
>w`: NORTH COAST YORK PA
R: 3201 Espresso Way
' YORK, PA 17406
A Telephone: 717-266 9110
6 MJ ENTERPRISES OF PENNSYLVANIA
31 N. CORPORATION STREET
J:<::•.1 17241
INVOICE
NORTH COAST
14912 COLLECTIONS CENTER DRIVE
CHICAGO, IL 60693
PAGE NO. 1
MJ ENTERPRISES OF PENNSYLVANIA
HILLSIDE ELEMENTARY SCHOOL
NewiIle, PA 17770
280756 XB3 our RrUCK rrepaytAuu NET 30 DAYS
;?:gk>?-T•cr?xm!c@?;viricr ::??:::::::::. ;:::::ra?:[awt;?;::;: .
219 HILLSIDE ELEM &.DOD YRK0004IHILLSIDE ELEM
PRODUCT DESCRIPTION U/M QUANTITY UNITPRICE EXTENSION
PETA4CA10 PET .040 48X120 CLEAR ANODIZED SHT 38 69.9800 2,659.24
NCRTFS NCR TAXABLE FUEL SURCHARGE EA 1 35.0000 35.00
RECEIVED BY
......-'2694.24 .......... ...161
ALL SALES ARE SUBJECT TO THE ACCOMPANYING OR PRE-APPROVED TERMS AND
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
001 00 2855.89)
End of Invoice g
}JJi1Nvufc
pjutmmf uw zwufflnt3 I'O:SSU4173tl97 MU 10TERFRISES OF PE M894 3 8 7 518 3.0.1 06/02/2011 10114 Page 8 of 11
IiI1N?ll?l?ll??l N?IINII?
A Staom Rooting SwY Cmrgmny
NORTH COAST YORK PA
`;` 3201 Espresso Way
YORK, PA 17406
Telephone: 717-266-9110
MJ ENTERPRISES OF PENNSYLVANIA
::;• 31 N. CORPORATION STREET
:- 17241
nv>n Flit i Sir]F Fl FM 1 6.000
INVOICE
NORTH COAST
14912 COLLECTIONS CENTER DRIVE
CHICAGO, IL 60693
PAGE NQ. 1
MJ ENTERPRISES OF PENNSYLVANIA
HILLSIDE ELEMENTARY SCHOOL
5Q 7TH STRPPT
N CUMBERLAND, PA 17070
NET 30 DAYS
YRK00041HILLSIDE ELEM
PRODUCT DESCRIPTION U/M QUAN11TY UNITPRICE EXTENSION
DMISL2016SF DMI SL2016SPAN LOCK PANEL SF SF 8706 1.9100 16,628.46
22GA GALVALUME-CUSTOM YELLOW
19 37'6" PANS FORMED ON-SITE
51 41'0" ALL ROOF PANELS
26 63' 0" ARE STRIATED 11
3 120'0"
13 142'0"
DMISL20ECL DM I SL20 EXP CLIP LOW EA 3200 .7500 2,400.00
DMICLP DMI CLIPS EA 100 2.6500 265.00
* SL-20 SPECIAL FIXED CLIPS
DMIFP1012SF -TFP10 Tl'.F•LUSH*? 3<iEL >:;, :;
* SOF 831 2.4000 1,994.40
*22A saN>.ro?uE LOo?
Qk,
45 PA S
6!,
:
PA
52
5
..N
DMITUPSS DMI TOUCH UP PAINT SANDSTONE CAN 1 23.0000 23.00
DMIRRSS250 DIV I POP RIVETS SANDSTONE 250/BG BAG 2 34.0000 68.00
DMIHS DMI HAND SEAMER EA 1 300.0000 300,00
DMISR DMI SEAMER RENTAL CHARGE EA 0 250.0000 .00
FIRST WEEK FREE
ALL SALES ARE SUBJECT TO THE ACCOMPANYING OR PRE-APPROVED TERMS AND
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
CONTINUED
ri?µ„ay,i„-,,,y, awai.a??iv: »vlts ?.ao7? tno 6L71'.tilCYlC1`.i Y:.?' ur es easgii??s'?51+t3.0,1 06/02/2011 20:14 Page 9 of 11
A Rearm Rwft Suppy COMPW
NORTH COAST YORK PA
W 3201 Espresso Way
YORK, PA 17406
717-266-9110
Telephone:
d M.J ENTERPRISES OF PENNSYLVANIA
31 N. CORPORATION STREET
x=: 17241
INVOICE
NORTH COAST
14912 COLLECTIONS CENTER DRIVE
CHICAGO, IL 60693
Md
-J PACE NO. 2
INSYLVANIA
CHOOL
NET 30 DAYS
01 20 HILLSIDE ELEM 1 6,000 1 YRK00041HILLSIDE ELEM
PRODUCT DESCRIPTION U1M QUANTITY UNITPRICE EXTENSION
DMISU DMI SET UP CHARGE EA 1 3850.0000 3,850.00
CUSTOM COLOR SETUP FEE-YELLOW
DMISU DMI SET UP CHARGE EA 2 550,0000 1,100.00
PER DAY ON-SITE ROLL FORM FEE
DMIMETFRT DMI METAL FREIGHT CHARGE EA 1 1135.0000 1,135.00
DMIBT1 DMI BUTYL TAPE 1" RL 36 7.2500 261.00
DWAIC DMI WARRANTY CHARGE EA 0 175D.0000 .00
W(T WARRANTY CHARGE
DMIRPSFMISCOI" :'s i 'Dltl::.ROQF'P,A'NEL;SQF,..'4t$?-;? .._ u.. SQF 1300 1.1800 1,534.00
RECEfVED BY '•''!`?'•. • "'."'•"
29558.86 1
ALL SALES ARE SUBJECT TO THE ACCOMPANYING OR PRE-APPROVED TERMS AND
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
.001 .00 1 31332.
End of Invoice
RROV OIC
PIomrBEACON ROOFING
CO"
A Beacon Roofing Supply Company
To:3304875485 MJ ENTERPRISES OF PE M904940747.0.1 05/31/2012 09:54 Page 2 of 3
NORTH COAST YORK PA
lki . 3201 Espresso Way
YORK, PA 17406
Telephone 717-266-9110
6?? MJ ENTERPRISES OF PENNSYLVANIA
4? 31 N. CORPORATION STREET
NEWVILLE, PA
17241
?II?IIIMIM?IMIIYNII
INVOICE
NORTH COAST
14912 COLLECTIONS CENTER DRIVE
CHICAGO, IL 60693
PAGE NO. 1
MJ ENTERPRISES OF PENNSYLVANIA
31 NORTH CORPORATION STREET
NEWVILLE. PA 17241
NETM DAYS
:::R•: a
."Fli9ROR
G j{tMkRF?iR ..... .......:. i1?;: i:•>::::::::.
i> A 'RAT$ci:i:>i:
:;;:. ?, x.:...........
:; :'r:;: ;;'<;:-:::;:::•:;;::•:•>::•
:•. 706,, atnR fE??/d6c >:;':Y :%.` i::i< i:i i%'i:' i-: S>;'
•.•:::.:.......
Y.i
N55675Y/0119 6,000 YRK00031MUSEUM SUPPORT TERRY
PRODUCT DESCRIPTION U/M QUANTITY UNIT PRICE EXTENSION
IMEESR IME ELECTRIC SEAMER RENTAL EA 2 250.0000 500.00
FOR SERIES 300 PANEL
IMEFRTC IME FREIGHT CHARGE EA 1 98.3400 98.34
TO SHIP SEAMER TO CUSTOMER
IMEFRTC IME FREIGHT CHARGE EA 1 117.0100 117.01
TO RETURN SEAMER TO IMETCO
RECEIVED BY
715.35 42.92
ALL SALES ARE SUBJECT TO THE ACCOMPANYING OR PRE-APPROVED TERMS AND
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
001 .00 1 758.27
'End of Invoice
MSTRUV
BEACON ROOFING To:3304253697 MJ ENTESPBISES OF PE Msq#3975164.0.1 06/02/2011 10,14 PagQ 10 of 11
P;om,
>t?
A Beacon Roofbig Supply Cnmpaoy
=>: NORTH COAST YORK PA
V; 3201 Espresso Way
YORK, PA 17406
TelePhone:717-266-9110
8 MJ ENTERPRISES OF PENNSYLVANIA
X". 31 N. CORPORATION STREET
Y-:' 1= 17241
INVOICE
NORTH COAST
14912 COLLECTIONS CENTER DRIVE
CHICAGO, IL 60693
9:;, 414
PAGE NO. 1
MJ ENTERPRISES OF PENNSYLVANIA
HILLSIDE ELEMENTARY SCHOOL
w?R 7;• . TH GIRFGT
NEW CUMBERLAND, PA 17070
RECENED BY
153, 92.0
ALL SALES ARE SUBJECT TO THE ACCOMPANYING OR PRE-APPROVED TERMS AND
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
BRI Nnoic
F
VCE
).0000
).0000
1.1800
EXTENSION
.00
00
1,534.00
001 .00 j 1626.04)
End of Invoice
From:BEACON ROOFING
N
A Beacon Roof4n9 Supply Company
Tot3304875485 MJ ENTERPRISES OF PE Msg#4940748.0.1 05/31/2012 09,57 Page 2 of 2
I: NORTH COAST YORK PA
>R>: 3201 Espresso Way
YORK, PA 17406
s . Telephone: 717-266-9110
MJ ENTERPRISES OF PENNSYLVANIA
31 N. CORPORATION STREET
NEWVILLE, PA
?I>I 17241
CREDIT MEMO
NORTH COAST
14912 COLLECTIONS CENTER DRIVE
CHICAGO, IL 60693
PAGE NO. 1
MJ ENTERPRISES OF PENNSYLVANIA
Misc Credit 4 Return of items
leftover from various Jobs
NEWVILLE, PA 17241
GUgSAM RfR)MBLR: i BLS:>:: :::c::•:3tp1R:k+IAi `:::<»:? ::•:>; :•>:»:•»i:>:: :I s is .`:.%.::: ................... ....
280756 X63 Our Truck Prepaid NET 30 DAYS
EDITIRETURN
6.000
(CREDIT
PRODUCT DESCRIPTION UIM QUANTITY UNITPRICE EXTENSION
VRSVBA VRS TPO 5 GAL BONDING ADHESIVE CAN 22- 63.4100 1,395.02-
302323 VERSIWELD VERSICO
HUN331SO HUN 3.3" ISO 4X8 GRADE-I1 20PS1 PC 28- 23.6640 662.59-
PIMA R=24.2 / LTTR R=20.4
VRSPVCCM410W VRS PVC COATED METAL 4X10 WHITE SHT 20- 79.9000 1,598.00-
VERSIFLEX 307708
(10/SKID-SOLD BY PIECE) VERSICO
VRSTPOMPSB VRS TPO THERM POURABLE SEALANT CTN 8- 107.1850 857.48-
VERSICO WHITE 307603
4-112 GALLON POUCHES PER BUCKET
MRIS32L MRI SRI CL I? 2 Ir C3t 3' .:; E ;, 37 t;785fl <;. ` 66;05-
MRIS33L >> MRI S11QCE 4P 3 1 Ci< 3
•
• EA: 21 Q ; 1,9.x'25 :::> 401:$3
MRIUCSSU ,.
. .:
: :.:
MRI CLAMP S-S-U UNIVERSAL
PC
.......107=`'
6.0350
645.75-
MRIVC MRI VERSACLIP PC 106- 1 0200 108.12-
MRICUS8 MRI SNORAIL COLORGRD UNPNCHD 8' PC 36- 14.3225 515,61-
UNPUNCHED
UAS1512TEWF LAS 1.5"X12" TAP EDGE WD FIBER BDL 6- 22 1850 133.11-
RECEIVED BY
6383,36- j 383.00
ALL SALES ARE SUBJECT TO THE ACCOMPANYING OR PRE-APPROVED TERMS AND
CONDITIONS, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OR REMEDIES
001 00 j 6766.36-
End of Invoice
ERMVOIC
Exhibit 66 D"
I , .
Date 5/31/12 AF.RCH15 M.1 ENTERPRISES OF PENNSYLVANIA 280756 Company 14 Page I
Time 9:04:52 Invoice Summary Aging Report Current AND Over 90
Agi ng Date of 5/31/2012 Current By Cn,Cust-Alpha
Invoices Inv Due Inv. Amt Days Net Due ---- -- N Days Past Due -----
9
R
31-60 ---
0
Numher Da,e. terms .Date. .* . . Rged .ob.Name.f `+.'Amo .nt.. ..
. FU TU RE ..I-:?.`
.
........
-
SC08113 5/31/10 6/30/10 701 40. 55 40.
69 55
71
SC08271 6/30/10 7/30, 671 69. 71 .
290 96
SC08438 7/31/10 H/30/lii 640 290. 96 .
361 57
SCO8607 8/31/10 9/30/10 609 367. 57 .
61 5
9
S C11171 9/30/10 10i 301 579 61. 95 .
54 79
S CO 8962 10/31/10 11i 30; :? 548 54. 79 .
214 12
SCO 9125 11/30110 12i30i .? 518 214. 12 .
53 42
6094453 12/02/10 11, 1/U1/i1 53. 42 516 HILLSIDE 53. 42 .
1126 14
GI 16148 12/13/10 36 1/12/11 1126. 14 505 HILLSIDE 1126. 14 . 2
SC09295 12/31/10 1/30'_1 487 326. 92 326. 9
G175884 1/03/11 3' 2i 02/11 36188 .85 484 HILLSIDE 36788. 85 36788. 85
6175934 1/OS/11 30 2/04/11 2341 .54 482 HILLSIDE 2341. 54 2341. 54
UC12827 1/10/11 2/09/11 P 477 1960. 97- 1960. 97-
UC12892 1/13/11 2/12/11 P 474 56. 24- 56. 24-
6219614 1/14/11 30 2/13/11 476 .32 473 HILLSIDE 476. 32 476. 32
13 225027 1/17/11 30 2/16/11 1151 .48 470 HILLSIDE 1151. 48 1151. 48
UC12986 1/24/11 2/23/11 P 463 119. 26- 119. 26-
B C09492 1/31/11 3/02/11 456 98. 53 98. 53
6292583 2/14/11 30 3/16/11 215 .62 442 HILLSIDE 215. 82 215. 82
6297071 2/21/11 30 3/23/11 P 2855 .89 435 HILLSIDE 984. 14 984. 14
SC 09667 2/26/11 3/30/11 428 1472. 09 1472. 09
6347546 3/02/11 30 4/01/11 31332 .39 426 HILLSIDE 31332. 39 31332. 39
6352215 3/03/11 30 4/02/11 P 756 .27 425 MUSEUM SU 241. 36 241. 36
6414451 3/15/11 30 4/14;11 1626 .04 413 HILLSIDE 1626. 04 1626. 04
UC13560 3/22/11 4/21/11 P 406 40. 00- 40 .00-
SCO9797 3/31/11 4/30/11 397 1759. 43 1759 .43
UC13970 4/2E 5/26/11 P 371 . 03- .03
SO 09930 4/30/11 5/30/11 367 2593. 91 2593 .91
11C 4151 5/09/11 6/08/11 P 358 . 69- .69-
UC14164 5/10/11 6/05/11 P 357 . 08-
5110064 5131/11 6/30!17 336 2617. 70 2617 .70
IC14840 6/23/11 7!23/11 313 146. 56- 146 .56-
SC10195 6/30/11 7/30/=1 306 2617. 70 2617 .70
G950682 7/06/11 30 8/07/1 P 6766 .36- 298 CREDIT 3465. 25- 3465 .25-
TOTAL 11?vo ice 548. 42 .00 .00
.00 .00 70,548 .42
TOTAL Se rv ic- _2,585. 93 .00 .00
.00 .00 12,585 .93
FINAL. TOTAL 133,134. 35 .00 .00
.00 .00 83,134 .35
Exhibit "E"
Payment Bond
GONWAGTOR (Noma andAddrr_rr)-
Warfel C.Onst=tim Caq=y
1 110 Fnterpriaa Road
Fast PetemAxM, PA 17520
OWNER (Name and dddb'eur
West Shore School District
507 Fishing Creek Road
Lewisberry, PA 17339
Modifieaguns to ails Band: FX__j None See Lost hgc
-CONTRAG.TOR,ASPRINCIPAL SURELY
Company:. {Con "c S84 Company: (Corporate Seat)
Warfel C mtrut:tion Company TYzvelers Casaalty Iw Surety Wppwy of America
j
i
i?
I
SURETY (Name and Principal Plwe of Buainerr):
TrwRaezs CammIty tad swety
Caapeep+ of Mlerlcs
20 Study Pa im ay, quite 300
the Bell, PA 19422
MesoMption (Name and Lcvaoaa): Getmva Coustrut tion War
New hillside $iemeotary School
IRA Project No, 2135
Datts (Not earBer thenCombltctiun Canbvct Date):
flm'vuat; ? •
CONSI'IM)M ON CgNMM
Date: t 1 -1 G -O dt
i AJG"VVgt:
SignaLVrc: 3l?ratura: -?
>1Qin _-,wd Tltlu WL0 -'X - fF. h"vl s? ? Nenz mtd Title. Loella G. R3uffot?r
elr+x, J'0 AttarneYy-ixt-T?ct
64V adiBt oAd 3tgnatnrer appew on die last page)
(FOR INFORAaG!?R7NONLY-Nome, 4ddrue and Tekphone)
AGENT or BROKER OWNER'S REPRESENTATIVE
1Nul:a'8y Risk Mmvgaamt and ius'urmm MrahAact dnghweror otherpmty):
39 N_ Duke Street
l ncaster, PA 17602
717/397--9600
AIA ono,rnent A312"- -1144 Periomarwa 2on0. The Aet O n "VAN OFAKhPolc. AN rlahb mvvw%dhWAO"' The AIA Datwere Ie protvetad
try U.s, Copydpht Law aril Inasrna0anil Tvenlss, {lxaumorkad Tppn,dttgtan yr db4fbadvn d Ihh NA Qocu*wd, *,any portion artt, nay retnal In
at
99vom X101 aad criminal paw*Iea, mod wl bar Prvavvutad b the vnaanan lsbaalt pmslWe under Tba law. Tlia dvcumwA was produced by ALA sonware 4
I>:Jr':pb orI o4pn12DDHratlr OrNCNcA40ao1T340 1 Vnhlelr ncp4ea vn DU21YN70, nd b rd brrarale.
lr aer MD%";
(117e4t28031
I ,
§ 1 The Con&actor and the Surety, joirRly and severally bind thcroselvea, their heirs, ext miors, administrators,
successors end assigns to the Owner to pay for labor, w4daials and equipment flxnishod for use in the performance of
d o CDmUwAon Contract, which is incorporated herein by reference.
§ 2 With respect to the Owner, (his obligation shell be null and void if the Contractor;
§ 2.1 Pr.ornptly makes payment, diready or indirectly, for all sums due Claimants, wad
§ 2.2 Wank indwrotiftos and holds hcTril eau the Owner from claims, demands, five or suits by any person or entity
whwc claim, daoa4lieu or sprit is for the ptrytnent far labor, material; or equipment furnished for use in to
parforunanw of the Ceastructlon Contract, pcovidod the Owner has promptly notified the Contmcior and the Surety (at
the address des Bribed irk Section 12) of any claims, demands, lieaa or suits sad tendered ddettsa of such claims,
demands, Rats ar suits to the Contractor and the Stuety, andprovided there is no Owner Default.
§ 3 Witb reaped to Clelments, ibis obligation shall be nul) and void if the Cor&artu promptly makes paymenx dirct.*
or indircody, Ibr all awns due.
§ 4 71uc surety shell have no obligation to Claimants under this Bond until:
§ 4.1 CiRbJzts Whawre employed by or have a direct contract with the Contractor have given notice to the Surety (at the
address detseyibod In Settioo 12) and sent a copy, or notice thereof, to the Owner, staring that a claim is being made
under this Bead and. vial substantial acuuacy, the srrxn nl of 0te claim.
X4.2 Elaimmmts who do not have $-direct ecsttract with the Contractor.
9ra4ng, VAtItsutistantiai aaarracy, the amount of the claim end 0?ename of ihe' pen' y to whom the
materialswera famished or eupptied orthr whom the labor was done or performad; end
Have either torched a rejection in w1iole or in past from Qto Contractor, or not received within 30 days of
thrnishiug ihevbwT notice way ctsmunnicatim from the Compactor by WMa the Contracto has
indicated Otedaim w41f be paid dirce ly or todircc ft and
Not bating been poid within the above 30 days, Lave sent a written notice to foe Surcty (at the addnars
deaorlbsd in Sectim 12) and ant a copy, ar nonce thereof: to the Owner, stating that a clsirnis'Whl;
Made tmdertfiis Bond and enclosing a copy of 1ho preticm wrirtau notice furnished to the Contractor.
§b tf a notate nqub-ed by Sailor 4 is given by the Owner to the Crnftraator or to the Surety, that is sufficient
comphanca.
§ 6 VQ- the Clairntatt has satisfied the conditions of Seeliou 4, and has submitted all suppurtinR documentation and any
proof of clafpA zegtpeatsd bJ'the Surety, the Suretyshall, witbin a reagmable pert od of tints, notify the 0aiment of the
etnounts that are undt'kp Acd and the basis for oballanging any amacT a that are disputed, including but nap hn,tred to,
-dett ttreattat}
he lack of c,r-rtwtiirh fi? or-ter-sopporCthO M Ora no to co ernent or ?rtount, snyd tho Surey abe11, wtthm a
rcasonabla period ot`tame, pal' or make ar angemmntsfbr paymnatt of any tmdlsputed amoua; provnddA bowover, that the
More of 1haftrety to tlsne2y discharge rp obligations under dais peragrao or to disputo Ur identify enyspctafic defense
toall or any pert of a*Wm shall not be demoted to be m admiaeim of liabilityby tho Surety as to such claim or
otherwise oonaftuto a vat )w oftho Contractor's or Surety's defenaw to, or right to dispute„ such claim Rah i, tbo
Clolmom shall have the tmmodiate right, without Aniha Aoticc, to bang suit against the Surety to enforce any.romedy
avajhtble to it under tiffs Bond,
§ T Ac Surety's told aWgatim :hail not exceed the amount trf`this Bond, and the amount of this Bond shall be credited
for any payments made in good faith by the Suety.
§1 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfornance of
the Conaavotlon Contract and to satisfy claims, if any, under any Construction PerformanoaBwd. By the Contractor
furnishing and the Owner accepting this Bond, they agree that all funds.earned by dta Contractor in the parfomnance of
the Conmcdcox Contract are dedicated to aatisfy obligations of the Contractor and the S=ty under this Bond, subject to
the Owner'spriorityin use the funds for thecm.Tletion of1hework-
ALA DvcwnarN Aat=°?.- 1%; Pmfaraanca pond, Thu Amerbn hrYWtd op Arr?stacts.All rlaprts AIA* Thk Algr' nocurrmt4 p+vreahM
by U.a. COpydgbr rata bnd W knv ik.A Tnalraa. Ulwrhortcad rapt90Vort Pi or dIsIdbu thin a4 thly
s°""e a?a ba+d orlmMurt pmauaa, and wTl b. trroa.wwn b m? maapnuat rrdbnt nocrwtent, or pry pvrum of t, may reson ro 5
att]:ar=en 00130`7009 Yndv nrdrNae00aa,ase_t "co puctbk urWar rh@IRW.'nb doouMara way produced by AlA aoatwas
Uaar Nora: ayPY.c all 05*41-0. and M not for mats
- 11 t2aelZAta)
I '
§ 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Ctmtractcr that are unrelated to
the Construction Contract The Owner shell not be liable for payment of any oosta or mcpepaee of say Clainxurt u n der
this Bond, and shall have under thisBoad no obligations tomake paym rats to, give notices on behalf, af, or otherwise
have obligations to Claimula under thia Band.
§ 10 The Sunray hereby waives potion of any change, including changes oftime, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 11 No suit or acdop shall be commented by a Claitr[ant under 1Lia Bcj)d.Q4bcr -in-a_mwt of comQaasnt jwisdietion
to tine loastfbn Irrirhiah "11th vi or7c or part of friowarlt is tested or attiv the espirstim of oneyear from the date (1) an
which the Claimant gave the notice required by Section 4.1 or'Section 4.2.3, or (2) an which the last labor or service was
gafbrwed by w yme orrhe last tclaterials or equiprnoit were fomished by wayme tender th a Ccmrbmd on Contract,
whiehaver of (t) or (2) AM occurs, If the provisions of this Paragraph are void or probibited by taw, Ate minimmn
period of lirnl6fion avat7able to Wreties as a dedaase in the jyrisdiction of the Skit shall be applicable.
§ 12 Nofice to the Surely, tboiDwner or the Cwrt actor ah all be mailed or delivered to the tiddroo tlido eri the signature
page. Actual rr oAptufltotiee by Surety, the Owner er due Contractor, however ecoorViiialted, shall be sufficient
compliance as of the date reeerved at the address shown on the signaturopage.
03 Mica this Bcad Dias been furnished to cmvly with astatntoryor otbtt legal requirement in the location where The
construction was to be performed, ®y provision in this Bond conflicting with ssW O tutory or legal requirmr[eot shall be
deemed deleted hcr*-om andiprovialons conf rinWgto such statutory or other legal requireutent shall be deemed
sucaporefed htxofn, The intent is that thin Band shall be construed as a statutarybond and not as s common law bond.
§ 14 open request V arty person of eotity appearing to be a potential beneficitrry of this Bond, the Carwoctor shall
ptomptly f[anieh a copy of this Baud or shall permit a copy lobe Tnado.
§ T5-DERNRIONS
§ 161 Claimant: An lndividual or entity having a diced contract with the Contractor or with a subcontractor of tb o
CQnuactor to furnish labor, materials or equipment forum in the perfol-rnancc of the Contract The intent of this pond
shalt be to include vftovt Jimltstion io the terms "labor. materiali or equipment" that part of water, gas, power, light,
but, oil, gasai"are, telepbeoe swvton or ronw equiprneat used in the CC¢strudion Crntrea, Whitectutvl and enginamig
services requicod f%pafonnanoo orthe'v ork of the Contractor and the Contractor's subcontractors, and all other items
for which arowbEwla's lien way be asserted in thejurisdiction where theIabut, materials or equipment were furnish ed-
§ 15.2 ConstrucMan Cent=: The agreern rat between the Owner rod rlne Con"etur ideni Pied on the signature page,
including all Contract Documents and changes thcratU_
§ 15.3.Owner Detktnh: Fafhuo
-'-1- cry we r, Iw Wuecon Gontra4 or to perfotmt and complete or cnrrtply with the other tcrrna we-,o :
g 16 MOD] FICATIDi 370 THIS BOND ARE AS FOLLOWS;
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CONTRACTOR AS PRINCIPAL SURETY
Cor T-Y. (Corporate Seal) Company: (Corporate Seat)
Signature;
Nama and 1rat:
Address;
Signattut;
Name and Title:
Addrew.
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whlcl, 4ffblrpa on 06/2NY01o, to not tIXrerale, DrtducW by A a A W arnwsro
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POWER OF ATTORNEY
TRAVELERS J? yTwv&&o ca . kJ Company St, Peal Mercury Insurance company
Fidelity and Guaranty ]nmrance Company Trood ra Caaaalh and 8thraty Company
FisddRy and Guerahrty 10mrance Underwriter, IDC. ltavalm casualty and Surety Company of America
Of. pug Fire and marine bmtrance company United States DSdt* and Guaranty Comptmy
St. Pad Guardian Insmance Comprtry
,h ll?rnr, -1 r, Fari Nn. 221336 Certd$ate No. Q V 3 1 3 3 2
KNOW A I,L MEN BY TH M PB. ENTIR: Tint St. Patel Ph and Madoe laauanee Cnmpary, St, Pat Grardtat fitmunmoz Comptmy and St. Paul Mercuy tnaarance
?C any hue a ana ?paosmd nddei lltnTowe ai"die Stn"'ida'71G3ranaota;7baiFarauogion CasuaAy CiienpiQiy: 75rivelartbii"oaTry inn $wery Z.mapaay, and
Trovalers Casualty and Surety Compwy tiltAmeeicu am corporations daly argmized under the lawn of too Sutd of Ctameetienl, gtul United States FWthty and Guaranty
Company is a mporoUcta duly a jud%ld tmda the Jaws of the State of Mary]and, that Fidelity ad Gaannty ltuou om Company it ¦ corporation duly orgaabad coder
i hr lows of hhc State of lows, arai that Fidelity and Onarmty bmtraoa LIndmw7kovs, lac„ is a corporation duty organized under the laws of ibe Stale of Ylrsacmtsiu
(hweut collo lively called the "Companies j. and that tho Companies do hemby make, constitute and appoint
An" M. Madnanti, David R. Bradbury, K" A. Cdsaeil, Luella G. Kauffman, Th)dhy C.. Hoagland Gayle K. Morse, Held[ R. Brutko, Kimberly A. Horning,
Jamie J. Wemei, BieM D. Headley, Lyifia A. Mantle, R. SGa hillier, 'StephaNo L Be srl, end Debra L Rineer
of the Gty of Lancaster , Stare of PerlmsylyaniZ , their sae and lawful Attorney(s)-la-Fact,
tech is their separate capedq if mac thaw an is tamed above, to alga, eatewte, oral and soluaowiedfa my aotl 011 bonds, remp uzeorra, conditional ondertAingm and
other writlrtsis obligatory la the anion Need-on balalf of the Compi dca in o5tjAractmang lbe fidelity of persons, guarsntneing tba parformance of
contracts and gxecating or aw aalectiag bads and rnttertataaga rrgahad or is a t?geoedinps allowbd by law.
IN yf77 STI WHEW-OF, fie Coahpaaietbave caused this instG?sugie4 tilrb ci j o a seals to be hert:to affixed, ft ?
y of
Jr I ??uu09 ?`?yre' tri!t?
Farndngtoo Caanalty C ?y?? 9t. Paul Mercury Imrrranee Company
Ttrovalers Caaealty and Suety Company
Fklelity noel Guaranty LW 10'
Fidelity and Guaranty hztuY d rs, tae. Travelers Caaoalty road Surety Company of America
3L Pad litre and Marble hoswuree Company Touted Staten Fidelity mud Gaaramty Company
SL Pad Guardian Iasvonce Company
sY ' iw ra
>4'talo tpftP , ?
• {
1957 CALIe asRir. ? S OaM a
3t9R of COAA00tiNt By:
City of Hartford as. 7Drrnnro., -prmki"t
On this the 8th day of duty 2003 , brAaa me pawnaliy opphated (3earge w. 7Umpaon, wbe w3mowledge d
himself to be the Sensor Vice Pruaident of Fkr=tiwgttm 0000ty Company, Pidoliry and Geasmq baaataco CoMpany, Fidelity and Ouuaas ay Insa ance Uodeelvdico,
inc., St. Paul r= and Maine: laotualce Cbmkmy, St. Pad 0mirdiao lamrancs Company, St. Pool Mercury Iwuracm Company, 7lavelma Casualty tad Strery
Campaay. Tnna)as Goodly tad Surety Company of America, and Unltad Sulu Fidelity and i3aaraaty Company, and tbat be, as snob, being w1ho ized so io do,
excmtnd due foregoing "trumaat far the yarposee disc iu eonaioad by signing on behalf of the corporWona by himwif as a duly auttorized off m.
a
In "tuavi Wbaeof, ] huhamto set my Mad and official seal. i' C . :Izt
My Cumattiaaion mWims the 90tu day uflase, 2Dl1, Mane C.7aonrak.Noaty Public'
65440.4-00 I'dMed in U.S.A.
1S
I t r a
.%.m tr la lnVAtJU Wr r HOOT THE RED aMDER ,
This Powrr ofAtto=y Js granted tmdcr and by the mutbority of the following reaphmions adnpmd by the gdtmds of Vberleo ofFamtingron CasaaHy Cotnpmuy, Fidelity
end Guaranty Isswaneo Company, Aldalky and Guaranty loaorsmcc Un0awrit,6, Inc.. St. Nul Furs and Mains lam-Aoco Company, St. Paul Guardian Ia+matnoe
Coapany, St. Paul Mamwy Jasu-anee Company. Tavelers Casualty mod Swcty Company, Travakrs Caanafty and Surety Company of Ammica, and United States
Fidelity and Ga vwxy Cutnpamy, which resolutions as now in NO forte and sliest, reading as follows;
RFfpLVSD, that the Chdriow, the Pseaidctt, My Vice Cbaimsaa, My r=esolve VItt Pramideat, any Sadbr tce Prerideot, any Moo Pros dcm, any Second Vitt
Nwidoni, ft TTcnsww, any Assistant Tkaswo r, the Cumpotato Smctlny or any Asdsiaut Seuesary may appeslot Attt»neys-la•Fact and Agents to au fvr sad on behalf
of eha Cneorany omd may give amrJY appcdobe such ash city as his or by cgdoicato of authority sav pnecribm in Agn with the Company's name and saW wltb tbe.
Company% seal bonds, rtxogaisrrtca, cogtraeu of iodmoanily, and other wAtiap pbApsury in tba vaunt of a hood, soeogntzemo, or otudidooO undtasakiag, and any
of Fuld o1bosns or the Board of DircUors at any time may remove any such V" m zA revota tbo power &en him or her, and it is
FUXTHER RGrSOLVID), mar eha Chairman. ire President, say Mee Chairmaal say Paenttivc Vice President, any Senior Vice ProOdest or any Via President muy
d6ogmit all or any put of Iba foragoIgg authority to we Or more r#rcert or emr?eea of this Comwany, provided that suieb such el ption is in writing and a copy
tlimW is filed In the office of the Sc mtwy; and A is I
-- `F11FP(9T1?R-RP VI;p, that any hood, rcmgmaaca, contract of indoax®ry, of wilting obligatory m the mattmt of a bond. rccpgedzamoc, or conditional smdert"S
0#11 be vaW and biyd'wg vpoo the Com ii dy whew (a) x4ocd by the President, Vice Cluck ann. any Exoeative Vice president any Scrdor Vko President or any Vice
President, any Sownd Via yleaidmi. do Deea leer, any Asais[ml lkworer, tbyCorpoeste Secretary or •apy Asdsuot St:cretary and duty attesw sod VAW wilt the
L'a mpany's smel by a Sacroury or Asdstard Seeaelary, or (b) duly coacuted (undo} seal, if tcgtored) sty out or more,Aw mays-in -Fga and Ageou ptusumt in slue power
prescribed in his or ber outhcaee or th* certMwa of authority or by one:m morn Company, oftxri pwaoma to a written delegation of autbmity; and it is
FVRTIM RESOLVED, drat the sip xv of welt of the followlag offictsr, president, any Pzctatdva Vic' Prtmr&; uty Saimaa vice President, aay Vice Prealdertt,
any Assistant Via Ptaiitkat. My Secretary, any Assistant Secretary, ssd the eea) of tba Company rmay be a tomd by facaiarle to soy Pow. of Attodney or to any
ce tifkate roosting thertuo appointing Resident Vice Pttaddestu, Rstaidom AsaWxv Secraaaria orAttmmeyt-in-Pact for pmpom ondy of oxomdag and atteldpg bonds
and undertakings and other wrings obliptory in the nature thermf, and any suth Power Of Anasaey or certificate beating mch facsimile signature or facsimdle seal
sball be valid ead bkod ag upon the Ctmdpaay and stay such power so ex led anp couUx4 by such facsimile aipirtam and facaisnik seal 44 be valid sad binding on
the Company is the fabric with respect to arty bond or sndato wding to which it [a attached,
1, FW M. )ohausoa, the tmdu%Jgmd, Assistant Sacroury, 0fF1FndDgtoa Chaotdty J:O[ApKUy, Fidelity and OURMry fnsuranoe Company, Fidefity and Gmuamty lnaurstwe
Undarwrkam. Inc., St. Paul Fire and Marine Insurance Company, St, Paul GU St. Pam) Mercury Inamas= Company, Travelers Casualty and
Surety Conway, Ifavokra Casualty aid Surety Company aAmaia sod R br Com do kteb ac chat
s true mad coned of the Powee ofAttome executed ltaO Y the aboveatrd foregoing
copy Y by amid ? ?orcq.?y effect and has not been revoked.
?, ?? C?1p"?Y?yjY
TN TEST1M01VY WHEREOF, I travebmenpln wt pry hand r 'elndw irk day Of hKAt3i?t__ 20
} T Karl M. lohanc Aasisluu Secretary
!1117j
? k 7 6I
To Verify the muthcnticity of this Power of Attomey, call 1-tlDD421-3390 or croslict to ru www=vdersbond,ctmp. Please refer to the ALIDrW-lo-Fod number, dx
above-nnimed individuals and the dn4il3 of the bond ID which the pmweris Itrachtd.
TP iI .
Exhibit 44 F"
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M-(Jb--201U Flit 021 m 41WI. Gt)NS UCT10h1 W, FAX NOS 4488
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r ,U-1-1c AtaaitM1$Prt'
P. 02
COPY
11118 AGUBM814T, mntia this 4th d;ty of March, 2010, between WOVFel Ccxislrcotlun
Cot»p,,,ty (bert+itlubr " 0ancral ColtMmotor") and W limcrpriecs of PA, LLC (horcinoRar
`'fi?lbs?sntrnciar"} nntl North Coast Ctstmncricni Itoalhtig Syy??lotna,'?ib(h?7cinoflar "Stlppf;er"} {, n
Joint ohcck ggrt: mrnt wlleroby tho auovo panics, intending to provl& forpaymeat to &uppllor and
for ihu Nmishing or materlalrt to tllo llrnjcot tlesorlhod bolow, o?mo As follows;
7110 ovnurn) contractor unwrod Into it contrnot With M3 Pntorprisos of ?A, NX for the
cuw.trucllon of Now inside 1.tlomontary School (horeinnftor "Project').
T1ra eenurol contractor ontoreO into oontrncl #R With $UbWntrocWr 14 SUMWI WHIVOr install
cervlcts tt?ttl:nntorlnla in tho nrtulvr of Mffilg,
`Cho ;iulwpltcr has agreed Ill -lltrtdsh to tho Subcontractor for performance of its contact wm
Clroaral Contruclur 1ho nuaowiTy liomls mid mator!AU In lbo natwo nCrooling and ist the r1moum or
$250,000.00(estir alud).
NOW, TI fl:,il EWGIZR, in cattlTidttrmlioll nrihe otaunl covenants heroin cnntelnod, and w1lb
immt to ho lottinlly bowl, tht; pnrtlas hwoby 0800 us f011,0 s;
A, Stibattatrttoror requests end autharlzos 4t tle)III C"ontraotor to pay Prom nny funds
die thv Subcontractor by Joint check pnyablo to 96contmotor and Supplier all
btvolecs o1'9uppli0r for its mmerlnls dclivoted and/Orlmd in tho Projwl.
Rotainnaa will he hold aU1?insi SubconttacWr Conk= not the Supplier.
11, All paymanu for mmorlals, supplies, rind equipmont Jbmialwd by Supplier to
4ubcoulraotor tot work pcrforntictl trurmaam to thr conmot between Ganumi
' , I •
IiAR-o6-2018 F'RI 05.122 M NORF'EL CONSPRIICTiON CO, I:RX NO, 4480
P. 03
Ccmtractor and S?ibooniraotor shell b made l y ohecks pnyubin to Subooodmator
slid JStlpplier.
All aheoks irutde poyobfo to Ubeootraotor and 5h2pOtar are omolusiveiy anti
soioly for the payimm of innlorials stiplAod tU tho Project by suppiiar iit 1hv
mttount of said chock,
fy, Upai?cotlorvio8 any and All ol,ooks mado pnypble In it a, Suhcgntnmtorby
Clc.noral Conxraotox, SUpplior lidn wl0tips and DgkIm'I 11vt it will ripply tho tolm
?lagar antrtural of said almclc only to iavolcoS outsNndinR au oaaounx rocasivnble
for tlto hoisin dasatlbod PrWect.
11, 7't?c chooks mndo payubkr to Submilraclor mid Supplier shall be sl0ited by
Guticonirnetor of (ionoral Comrawir's off tto and dofiverod by Cionoral Contrndor
to SAipplier otter (aural Ocirihotor rcaoivon f1rom Subcomactor lavotow, or
other doournwdntlon antinfnctory to Cancrhl Contmotor, hom the Shipplier,
indiwithtg tha metodals in the uiitoml of paid chock haVO boon dclivored or m411
bo d.ollvorml to tho Projeul,
14, Upon onclorstng ally olioelcs modo payublo io it Mi 4ubconimolof by Cienoral
Cot} motor, Soppliar ,%rao4 that It hAs bcsil peat hi Pull and Opregsly toltaravs jj
OCit(Sr411 Coi motor l1'om tiny anti at) liability lbr payment to It in the A111otlnt of
said chock.
G. `rite rd4tionsgtp bctwoort tllo Or uml Contewor and Supplier shall Im 11mited to
tho 10ru7$ of 1144 Agroemonr, shall not bo onslruod ns o gtulrDitteo by Cllrrtt=i`ul
Commr,tor or 5ubunn1roctor's obll0utlon to ,Supplier, tind shall obliguto Omertil
119-05-2010 FRf 051,22 Pit WARFEL MRSTRUOTION M FAR 40. 4488 P, 04
0 mirawor only to add &%ppllcr nalijint Payee to cheolc for matodala Supplied 1a
Iho Project.
H. Thh aprocnicul Is oubjeet to all of tho lens and conditions o1'tho (3onrrue't
batwe n ocnornl Cmi actor nil Nor, mid tbo contract batwomi (.ilenaral
C,owwtksr 4nd StibDummotorrognrdlnN saleff, withholding or payment, or bn:k
ottargo for dotvNvu or nottoonfbvmin? work and/or tttatcri*-.
OfN8RAL CONTRACTOR!
WARITL CONST?UQTJON COMPANY
SCIBCONTRACTOK:
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Nartlt r 'omrrta tai Ro n Syatwns, Inc
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2440 EL48ON BOULEVARD f
7W1NSBURO, OHIO 44067
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P1L4'!purnSAURO PA'175%0
SHIP TO: .
T14FA F. SILVERSTEIN .
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(:.AIM COIJNSE+L- BOND & FINANCIAL PRO
-=,$UITE 2900, WLST'rows7
0MARIMIT MEET
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1i.ADELPBIA PA 19102-2109
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BEACON SALES ACQUISITION, INC. d/b/a
NORTH COAST COMMERCIAL ROOFING
SYSTEMS, INC.
Plaintiff,
Case No. 12-1499 Civi
VS. =rte '.
M.J. ENTERPRISES OF PENNSYLVANIA, LLC,
MAURA A. JENKINS,
WARFEL CONSTRUCTION COMPANY, and - :,
TRAVELERS CASUALTY AND SURETY
COMPANY,
Defendants.
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed New Matter and New
Matter in the Nature of a Cross-Claim Under Rule 1031.1. Against M. J. Enterprises and Maura
A. Jenkins of Defendants Warfel Construction Company and Travelers Casualty and Surety
Company within twenty (20) days from service hereof or a judgment may be entered against you.
HARMON & DAVIES, P.C.
Dated: June 2012 By:
Thomas R. W ZS, Esq
Shannon O. Young, Esq.
Thomas R. Davies, Esq., PA I.D. # 35260
Email: tdavies@.h-dlaw.com
Shannon O. Young, Esq., PA I.D. # 200381
Email: syounjz&h-dlaw.com
HARMON & DAVIES, P.C.
2306 Columbia Avenue
Lancaster, PA 17603
Telephone: 717-291-2236
Facsimile: 717-291-5739
Attorneys for Defendants,
Warfel Construction Company and
Travelers Casualty and Surety Company
BEACON SALES ACQUISITION, INC. d/b/a
NORTH COAST COMMERCIAL ROOFING
SYSTEMS, INC.,
Plaintiff,
vs.
M.J. ENTERPRISES OF PENNSYLVANIA, LLC,
MAURA A. JENKINS,
WARFEL CONSTRUCTION COMPANY, and
TRAVELERS CASUALTY AND SURETY
COMPANY,
Defendants.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION - LAW
: Case No. 12-1499 Civil Term
DEFENDANTS WARFEL CONSTRUCTION COMPANY'S
UNDER RULE 1031.1 AGAINST M. J. ENTERPRISES AND
MAURA A. JENKINS TO COMPLAINT
Warfel Construction Company ("Warfel") and Travelers Casualty and Surety Company
("Travelers"), by and through their undersigned counsel, Harmon & Davies, P.C., hereby file this
Answer with New Matter and New Matter in the Nature of a Cross-Claim Under Rule 1031.1
Against M. J. Enterprises and Maura A. Jenkins to Beacon Sales Acquisition, Inc. d/b/a North
Coast Commercial Roofing Systems' ("North Coast") Complaint, and respond to said Complaint
as follows:
No. 12-1499
1. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the allegations in Paragraph 1 of the Complaint, and therefore deny such
allegations.
2. Admitted in part. Denied in part. It is admitted, upon information and belief, that
M. J. Enterprises of Pennsylvania, LLC is a Pennsylvania limited liability company. Warfel and
Travelers are without knowledge or information sufficient to form a belief as to whether M. J.
Enterprises' last known address is 44 Brandt Lane, Newville, Pennsylvania 17241, and therefore
deny such allegations.
3. Admitted, upon information and belief.
4. Admitted.
5. Admitted.
COUNT I - BREACH OF CONTRACT
North Coast vs. M. I Enterprises
6. Warfel and Travelers hereby incorporate by reference all of their answers to the
above Paragraphs as if they were set forth in full below.
7. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 7, as this Paragraphs is directed to M. J.
Enterprises, and as such, no response is warranted.
8. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 8, as this Paragraphs is directed to M. J.
Enterprises, and as such, no response is warranted.
2
No. 12-1499
9. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 9, as this Paragraph is directed to M. J.
Enterprises, and as such, no response is warranted.
10. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 10, as this Paragraph is directed to M. J.
Enterprises, and as such, no response is warranted.
11. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 11, as this Paragraph is directed to M. J.
Enterprises, and as such, no response is warranted.
12. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 12, as this Paragraph is directed to M. J.
Enterprises, and as such, no response is warranted.
13. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 13, as this Paragraph is directed to M. J.
Enterprises, and as such, no response is warranted.
14. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 14, as this Paragraph is directed to M. J.
Enterprises, and as such, no response is warranted.
15. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 15, as this Paragraph is directed to M. J.
Enterprises, and as such, no response is warranted.
No. 12-1499
16. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 16, as this Paragraph is directed to M. J.
Enterprises, and as such, no response is warranted.
17. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 17, as this Paragraph is directed to M. J.
Enterprises, and as such, no response is warranted.
COUNT II - BREACH OF GUARANTY
North Coast vs. Maura A. Jenkins
18. Warfel and Travelers hereby incorporate by reference all of their answers to the
above Paragraphs as if they were set forth in full below.
19. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 19, as this Paragraph is directed to Maura A.
Jenkins, and as such, no response is warranted.
20. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averments in Paragraph 20, as this Paragraph is directed to Maura A.
Jenkins, and as such, no response is warranted.
COUNT III - BREACH OF PAYMENT BOND
North Coast vs. Travelers and Warfel
21. Warfel and Travelers hereby incorporate by reference all of their answers to the
above Paragraphs as if they were set forth in full below.
22. Admitted.
No. 12-1499
23. Admitted. By way of further answer, any inference, express or implied, that the
Payment Bond would prohibit Travelers or Warfel from denying payment to North Coast, where
a good faith defense exists, is expressly denied.
24. Admitted.
25. Admitted.
26. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of the averment in Paragraph 26, and strict proof thereof is demanded.
27. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of this averment, as it is directed primarily to M. J. Enterprises, and as a
result, proof thereof is demanded.
28. Admitted.
29. Admitted.
30. Admitted.
31. Denied. Warfel and North Coast are in agreement that $211,576.89 was paid to
North Coast from Joint Checks. Warfel and Travelers are not aware of any other amounts owed
to North Coast. To prevail on its claim, North Coast needs to prove that its claims for an
additional $76,096.14 is separate and apart from the $211,576.89 worth of material already paid
for, and that the additional materials were, in fact, delivered to the Project.' Without Warfel and
Travelers receiving such delivery receipts, Warfel and Travelers have no way of cross-
referencing the Application for Payment submitted by M. J. Enterprises to determine what
materials, if any, that were incorporated into the Project, were allegedly not paid for.
Furthermore, without this information, Warfel and Travelers are without sufficient knowledge or
"Project" refers to the erection of the new Hillside Elementary School for the West Shore
School District.
5
No. 12-1499
information to form a belief as to the truth of whether North Coast sold to M. J. Enterprises a
total of $290,797.25 in materials that were incorporated into the Project.
32. Admitted in part. Denied in part. It is admitted that between March 5, 2010 and
April 13, 2011, Warfel issued joint checks, pursuant to the Joint Check Agreement, to M. J.
Enterprises and North Coast in the amount of $211,576.89. It is expressly denied that North
Coast is due any further payment from Warfel or Travelers: (1) for the reasons expressed above
in Paragraph 31, which reasons are hereby incorporated by reference as if set forth in full below;
and (2) because North Coast's alleged right to payment is statutorily barred under the Safe
Harbor language contained in 62 Pa. C.S.A. § 3939(b) of the Prompt Pay Act. Section 3939(b)
of the Prompt Pay Act states: "Once a contractor has made payment to the subcontractor
according to the provisions of this subchapter, future claims for payment against the contractor
or the contractor's surety by parties owed payment from the subcontractor which has been paid
shall be barred." In essence, the Prompt Pay Act provides immunity for general contractors who
comply with the Act, by timely paying their subcontractors, from having to pay the claims of
second-tier subcontractors and suppliers. Here, North Coast is a second-tier supplier. Because
Warfel fully paid M. J. Enterprises for the materials supplied by North Coast in accordance with
the Prompt Pay Act, North Coast's claim is barred under 62 Pa. C.S.A. § 3939(b). See also,
Building Trades Health & Welfare Fund v. Fireman's Fund Insurance Co., CI-04-03107, Court
of Common Pleas of Lancaster County (2006) (barring a bond claim because Warfel had made
payment in full to the subcontractor). A copy of the Opinion is attached hereto as Exhibit A.
The amount of Warfel's subcontract with M. J. Enterprises was $580,000.00. M. J. Enterprises
did not complete all the subcontract work. Nonetheless, Warfel fully paid M. J. Enterprises for
all its work on the Project, which payment included payment for all the material that North Coast
6
No. 12-1499
supplied to the Project. The full amount of the payment due and paid to M. J. Enterprises was
$489,601.88, which payment was fully paid to M. J. Enterprises on May 10, 2011, in accordance
with the Prompt Pay Act.
33. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of this averment as it is directed primarily to M. J. Enterprises, and as a
result, proof thereof is demanded. By way of further answer, for the reasons set forth in
Paragraphs 31 and 32 above, which Paragraphs are expressly incorporated herein as if set forth in
full below, it is expressly denied that Warfel owes North Coast any sum due under the Joint
Check Agreement. Moreover, Paragraph G of the Joint Check Agreement expressly states that
the Joint Check Agreement shall not be construed as a guarantee by Warfel.
34. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of this averment as it is directed primarily to M. J. Enterprises, and as a
result thereof, strict proof is demanded. By way of further answer, it is expressly denied that it
would be just or reasonable to hold Warfel or Travelers liable for paying North Coast any
additional sums in light of the responses set forth in Paragraphs 31 - 33 above, which responses
are incorporated herein by reference as if set forth in full below, particularly because North
Coast's right to payment is statutorily barred under the Safe Harbor language contained in 62 Pa.
C.S.A. § 3939(b) of the Prompt Pay Act. Moreover, even in the unlikely event that Section
3939(b) were found not to apply to this case, North Coast would still need to produce material
delivery receipts sufficient for North Coast to prove that it is owed $76,096.14 for materials
actually delivered to the Project.
35. Admitted in part. Denied in part. It is admitted that Warfel has paid North Coast
$211,576.89 via joint checks. It is expressly denied, for the reasons set forth in Paragraphs 31 -
No. 12-1499
34 above, which responses are incorporated herein by reference as if set forth in full below, that
Warfel or Travelers owe North Coast any additional sums with respect to the materials that
North Coast supplied to the Project. However, Warfel and Travelers are without sufficient
knowledge or information to form a belief as to whether M. J. Enterprises owes North Coast any
additional payments, and, as a result, proof thereof is demanded.
36. Admitted in part. Denied in part. It is admitted that on or about April 18, 2011
North Coast gave timely notice to Warfel of its Payment Bond Claim. Travelers received notice
on May 12, 2011. Warfel and Travelers are without sufficient knowledge or information to
determine the truth of the averment that North Coast did not receive full payment form M.J.
Enterprises and therefore such averment is denied.
37. Denied. Although North Coast could have been an obligee and intended
beneficiary of the Payment Bond, North Coast's alleged right to payment is statutorily barred
under the Safe Harbor language contained in 62 Pa. C.S.A. § 3939(b) of the Prompt Pay Act.
Moreover, even in the unlikely event that Section 3939(b) were found not to apply to North
Coast, North Coast would still be obligated to produce material delivery receipts sufficient for it
to prove its claim before Travelers would be obligated to pay North Coast any sum under the
Payment Bond. See also Warfel's and Travelers' New Matter, which. New Matter is
incorporated herein by reference as if set forth in full below.
38. Denied. By way of further answer, see the response to Paragraph 37, which
response is incorporated herein by reference as if set forth in full below.
39. Denied as a conclusion of law. By way of further answer, even in the unlikely
event that Section 3939(b) were found not to apply, North Coast would still need to produce
No. 12-1499
material delivery receipts sufficient for North Coast to prove that it is owed $76,096.14 for
materials delivered to the Project.
40. Warfel and Travelers are without knowledge or information sufficient to form a
belief as to the truth of this averment as it is directed primarily to M. J. Enterprises. Warfel and
Travelers deny that they owe any additional payments to North Coast for the reasons set forth in
the New Matter below and in the responses to Paragraphs 31 - 34 above, which responses are
incorporated herein by reference as if set forth in full below.
WHEREFORE, for the above reasons, this Complaint should be dismissed, and Warfel
and Travelers should be granted such other relief that the Court deems just and reasonable.
NEW MATTER
Defendants' assert the following New Matter pursuant to Pa. Rule of Civil Procedure No.
1030:
41. Warfel and Travelers hereby incorporate by reference all of their answers to the
above Paragraphs as if set forth in full below.
42. Travelers is equitably subrogated and asserts as its own, all of Warfel's claims
and/or causes of action, and all of Warfel's affirmative defenses, and all other defenses.
43. The Payment Bond speaks for itself. Pursuant to the Payment Bond and
applicable law, North Coast's recovery, if any, for all losses, damage, costs and attorneys' fees is
limited to the penal sum of the Payment Bond.
44. North Coast is unable to maintain its action against Travelers or the Payment
Bond because of North Coast's failure to meet the necessary conditions precedent under the
Payment Bond.
No. 12-1499
45. North Coast is unable to maintain its action against Travelers or the Payment
Bond because it failed to provide Travelers with necessary documentation to investigate
Plaintiffs claim against the Bonds, and otherwise failed to cooperate with Travelers in its
investigation.
46. North Coast's recovery, if any, must be set-off against any recovery North Coast
receives, or has received, from any other source.
47. North Coast is not entitled to recover because North Coast cannot show it had a
good faith belief that the subject equipment and materials were used in construction of the
Project.
48. The Complaint fails to state a claim upon which relief may be granted. For
example, North Coast's Count III, Breach of Payment Bond Claim, fails to aver that Travelers
and Warfel owe North Coast the $76,096.14 that was allegedly owed to North Coast. Rather,
Count III merely states that the balance due and owing to North Coast by M. J. Enterprises, not
Warfel or Travelers, is $76,096.14.
49. Warfel and Travelers assert the affirmative defense of accord and satisfaction.
50. North Coast's Breach of Payment Bond Claim against Travelers and Warfel is
barred by the Safe Harbor language contained in 62 Pa. C.S.A. § 3939(b) of the Prompt Pay Act.
51. Travelers and Warfel do not currently have knowledge or information upon which
to determine whether additional, undiscovered defenses are or may be available to them.
Travelers and Warfel expressly reserve the right to advance supplementary defenses in the event
discovery reveals such defenses.
WHEREFORE, for the above reasons, this Complaint should be dismissed, and Warfel
and Travelers should be granted such other relief that the Court deems just and reasonable.
10
No. 12-1499
NEW MATTER IN THE NATURE OF A CROSS-CLAIM UNDER RULE 1031.1
AGAINST M. J. ENTERPRISES AND MAURA A. JENKINS
52. Warfel and Travelers hereby incorporate by reference all of their above answers
and New Matter as if set forth in full below.
53. If the actions and/or omissions that North Coast pleaded against M. J. Enterprises
and Maura A. Jenkins were to be proved true, then the damages sustained by North Coast were
caused by M. J. Enterprises and Maura A. Jenkins, as set forth in North Coast's Complaint.
54. If Warfel paid M. J. Enterprises in full for all materials delivered to the Project,
then the damages allegedly sustained by North Coast were caused by Defendants M. J.
Enterprises and/or Maura A. Jenkins.
WHEREFORE, Warfel and Travelers respectfully request this Honorable Court to enter
judgment against M. J. Enterprises and/or Maura A. Jenkins for liability to North Coast on the
cause of action arising out of the occurrence, jointly and severally with them or liable over to
them for contribution and indemnity.
Respectfully submitted,
HARMON & DAVIES, P.C.
Dated: June 05'-, 2012 By:
Thomas R. Davies, Esq.
Shannon O. Young, Esq.
Attorneys for Defendants,
Warfel Construction Company and
Travelers Casualty and Surety Company
11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BEACON SALES ACQUISITION, INC. d/b/a
NORTH COAST COMMERCIAL ROOFING
SYSTEMS, INC.
VS.
Plaintiff,
Case No. 12-1499 Civil Term
M.J. ENTERPRISES OF PENNSYLVANIA, LLC,
MAURA A. JENKINS,
WARFEL CONSTRUCTION COMPANY, and
TRAVELERS CASUALTY AND SURETY
COMPANY,
Defendants.
VERIFICATION
I, RUPERT H. TAYLOR, III, hereby verify that I am the Executive Vice President of
Warfel Construction Company, that I am authorized to make this Verification, and that the
statements contained in the herein Answer With New Matter and New Matter Cross-Claim 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: !511Y
upert H. Taylor, III
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BEACON SALES ACQUISITION, INC. d/b/a
NORTH COAST COMMERCIAL ROOFING
SYSTEMS, INC.
Plaintiff,
Case No. 12-1499 Civil Term
VS.
M.J. ENTERPRISES OF PENNSYLVANIA, LLC,
MAURA A. JENKINS,
WARFEL CONSTRUCTION COMPANY, and
TRAVELERS CASUALTY AND SURETY
COMPANY,
Defendants.
VERIFICATION
I, THEA FOGLIETTA SILVERSTEIN, hereby verify that I am the Senior Claim
Counselor of Travelers Bond and Financial Products, that I am authorized to make this
Verification, and that the statements contained in the herein Answer With New Matter 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 unworn
falsification to authorities.
Dated: 6 (ALA 14 0 I oZ
T
Thomas R. Davies, Esq., PA I.D. # 35260
Email: tdavies a,h-dlaw.com
Shannon O. Young, Esq., PA I.D. # 200381
Email: syouni,,@h-dlaw.com
HARMON & DAVIES, P.C.
2306 Columbia Avenue
Lancaster, PA 17603
Telephone: 717-291-2236
Facsimile: 717-291-5739
Attorneys for Defendants,
Warfel Construction Company and
Travelers Casualty and Surety Company
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BEACON SALES ACQUISITION, INC. d/b/a
NORTH COAST COMMERCIAL ROOFING,
Plaintiff,
vs.
M.J. ENTERPRISES OF PENNSYLVANIA, LLC,
MAURA A. JENKINS,
WARFEL CONSTRUCTION COMPANY, and
TRAVELERS CASUALTY AND SURETY
COMPANY,
Defendants.
Case No. 12-1499 Civil Term
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a true and correct copy of the foregoing
Defendants Warfel Construction Company's and Travelers Casualty and Surety Company's
Answer With New Matter and New Matter in the Nature of a Cross-Claim Under Rule 1031.1
Against M. J. Enterprises and Maura A. Jenkins to Complaint upon the persons and in the manner
indicated below, which service satisfies the requirement of Pa. R.C.P. No. 440:
Service by First Class Mail
Addressed as Follows:
Steven J. Adams, Esq.
I 1 I North Sixth Street
P. O. Box 679
Reading, PA 19603
(Attorneys for Plaintiff)
M.J. Enterprises of Pennsylvania, LLC
44 Brandt Lane
Newville, PA 17241
Maura A. Jenkins
5 E. Maplewood Avenue, Apt. I
Mechanicsburg, PA 17055
cc?? HARMON & DAVIES, P.C.
Dated: June o"6 , 2012 By
homas R. Davies, Esq.
Shannon O. Young, Esq.
?? .
ORIGINAL
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THE BUILDING TRADES HEALTH AND
WELFARE FUND, THE KEYSTONE
DISTRICT COUNCIL OF CARPENTERS
PENSION and ANNUITY FUND, THE
DEFERRED SAVINGS, INDUSTRY, JOB
RECOVERY and APPRENTICE FUNDS,
THE UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF
AMERICA LOCAL UNION NO. 287, and
MICHAEL W. PLATT, Trustee
V.
FIREMAN'S FUND INSURANCE
COMPANY
OPINION
BY: ASHWORTH, J., SEPTEMBER 1, 2006
No. CI-04-03107
ci o =?
' m
c7 i? ? '?l
t T-t Z7
This case concerns the extent of the liability of the surety on a payment bond
furnished by a contractor, as required by the Public Works Contractors' Bond Law of
1967, 8 P.S. §§ 191-202, for the protection of persons supplying labor for the
construction of public buildings. After a non jury trial, at which time a series of
stipulated facts was incorporated into the record by agreement of the parties, we enter
the following findings of fact, discussion and conclusions of law in disposition of the
parties' respective claims.
04-03$07
1. OVERVIEW
Plaintiffs consist of The Building Trades Health and Welfare Fund, The Keystone
District Council of Carpenters Pension and Annuity Fund, The Deferred Savings,
Industry, Jo Recovery and Apprentice Funds, The United Brotherhood of Carpenters
and Joiners of America Local Union No. 287, and Michael W. Platt, trustee (collectively
referred to as the "Union Funds"). Defendant Fireman's Fund Insurance Company
(Fireman's Fund) is a corporation engaged in the business of issuing surety bonds in
Pennsylvania.
Warfel Construction Company (Warfel) entered into a contract with the City of
Lancaster to construct the Lancaster Police Bureau (the "project"). Warfel obtained a
labor and material payment bond from Fireman's Fund pursuant to the Public Works
Contractors' Bond Law of 1967, 8 P.S. §§ 191-202, which requires all contractors who
enter into a contract with a public body which exceeds $5,000.00 for the construction,
alteration or repair of any public building to secure a payment bond. 8 P.S. § 193(a)(2).
The purpose of the bond is to secure payment by contractors and subcontractors to
their employees and suppliers if the contractors or subcontractors fail to pay them.
Warfel subcontracted with Allegretto General Construction Company
("Allegretto") to perform certain work on the project. Allegretto and its union employees
were subject to the terms of a collective bargaining agreement between Allegretto and
the United Brotherhood of Carpenters and Joiners of America Local Union No. 287.
This agreement required Allegretto to, inter alia, make monthly fringe benefit
contributions to Local 287's Health and Welfare, Pension, Annuity, Apprenticeship,
2
14-03107
Dues, Industry, Job Recovery, and Deferred Savings Funds (referred to collectively as
"Union Funds") during the time that Local 287 members were in Allegretto's employ.
(See Exhibits "B" and "C" attached to Plaintiffs' Memorandum in Opposition to Motion
for Summary Judgment.) The amount of the contributions correlated to the hours
worked by the employees of Allegretto. Plaintiffs claim that Allegretto failed to make
fringe benefit contributions to the Union Funds for the period from May 2003 to
September 2003, in the amount of $92,800.00.'
Thereafter, the Union Funds filed a Complaint against Defendant Fireman's
Fund on April 8, 2004. Preliminary Objections were filed on May 28, 2004, and
Plaintiffs responded with a First Amended Complaint on June 16, 2004. In this
Complaint, Plaintiffs sought payment by Fireman's Fund, as surety for Warfel, for the
unpaid contributions to the fringe benefit funds and certain "other amounts" allegedly
unpaid by Allegretto under the collective bargaining agreement by and between
Allegretto and Plaintiffs.
On July 28, 2004, Fireman's Fund filed Preliminary Objections to this First
Amended Complaint. After briefs were filed by the parties, this Court entered an Order
on December 3, 2004, sustaining in part and denying in part Defendant's Preliminary
'The amounts claimed are as follows:
Welfare Fund: $40,514.96
Pension Fund: $20,462.26
Annuity Fund: $17,202.32
Apprentice Fund: $ 2,088.40
Dues: $ 5,754.57
Industry Fund: $ 1,044.20
Job Recovery Fund: $ 522.12
Credit Union: $ 5,221.00
See Exhibit "D" to Plaintiffs' First Amended Complaint.
3
04-03107
Objections. The Order struck Plaintiffs' claims for liquidation damages, interest,
penalties, costs of collection and attorney's fees for failure to state a claim upon which
relief may be granted. All remaining objections were denied.
Following the close of the pleadings, the parties exchanged written discovery
requests. A pre-trial conference was held on July 14, 2005, and this action was placed
on the December 2005 trial list. Thereafter, a Motion for Summary Judgment was filed
by Defendant on September 5, 2005, claiming there were no material disputes of fact
and that Fireman's Fund was entitled to summary judgment as a matter of law. This
Motion was amended on October 7, 2005, and the matter was briefed by the parties but
not praeciped for assignment to the Court until January 2006.
Following a conference with counsel, the Court suggested that the matter
proceed to a bench trial on stipulated facts. As the parties did agree to stipulate to the
facts on the record, they did not present any factual witnesses but rather presented only
legal argument at the scheduled time for the non jury trial in this matter on May 25,
2006.2 Supplemental briefs were filed by the parties.
'Upon the submission of the stipulated facts and at the close of Plaintiffs' presentation,
defense counsel moved for a directed verdict pursuant to Pa. R.C.P. 226(b). This motion was
denied by the Court.
4
04-031 07
ll. FINDINGS OF FACTS
1. On or about December 11, 2001, Warfel entered into a contract with the
City of Lancaster pursuant to which Warfel was to act as the prime contractor for the
general construction of the Lancaster Police Bureau.
2. On or about December 13, 2001, Warfel and Fireman's Fund, as surety,
executed and delivered to the City of Lancaster, a Labor and Material Payment Bond
("the Bond") for the protection of all persons supplying labor and material in the
prosecution of the work on the project.
3. This bond was executed in accordance with the Public Works Contractor's
Bond Law of 1967, 8 P.S. §§ 191-202.
4. The terms of the payment bond generally provide that "if Principal shall
promptly make payment to all for all labor and material used or reasonably required for
use in the performance of the Contract, then this obligation shall be void; otherwise it
shall remain in full force and effect." (See Exhibit "A" attached to Defendant's Motion
for Summary Judgment.)
5. Warfel then subcontracted with Allegretto, a construction firm.
6. Warfel's original subcontract with Allegretto specified that Allegretto was
to be paid $970,000.00 for labor and materials provided.
'Prior to trial of this matter, the parties negotiated a joint statement of stipulated facts
which was submitted to the Court on May 1, 2006.
5
04°03107
7. Warfel's original subcontract amount of $970,000.00 was ultimately
reduced to approximately $908,000.000 as a result of over 60 change orders issued on
the project.
8. During the period from May 2003 through September 2003, pursuant to
the subcontract agreement with Warfel, Allegretto's employees performed labor and
services used in the prosecution of the work, which was part of the work required by
Warfel's principal contract with the City of Lancaster for the general construction of the
project.
9. Warfel made payment in full to Allegretto in the amount of $908,034.81
(i.e., $911,660.41 less the discounted amount of $3,624.60) on the project. (See
Exhibit "B" attached to Defendant's Motion for Summary Judgment.)
10. Allegretto is a defunct Pennsylvania Business Corporation.
11. Plaintiffs claim that Allegretto failed to make fringe benefit contributions to
the Union Funds for the period from May 2003 to September 2003, in the amount of
$92,800.00.4
111. DISCUSSION
The legal question raised by this case is whether, given the fact that Warfel paid
Allegretto in full under their contract, Fireman's Fund, as surety, has an obligation under
the payment bond to make the benefit contributions mandated by the collective
4Markedly absent from the stipulated facts is a reference to the collective bargaining
agreement which existed between Allegretto and its union employees by which this claim for
benefit contributions is being made. (See Exhibit "B" attached to Plaintiffs' Memorandum of
Law in Opposition to Defendant's Amended Motion for Summary Judgment.)
6
04.-0-3107
bargaining agreement between Warfel's subcontractor, Allegretto, and its union
employees. To determine Fireman's Funds' liability under the payment bond, we must
begin by examining the law of sureties.
A surety is one who undertakes to pay money or to do any other act in the event
that the surety's principal fails to do so. Reuter v. Citizens & Northern Bank, 410 Pa.
Super. 199, 599 A.2d 673 (1991). Where a subcontractor or supplier brings a claim
against the payment bond, it is well-established that the surety "stands in the shoes" of
the principal contractor and, accordingly, the payment bond surety may assert all
defenses to the claim which would be available to the principal contractor. See Exton
Drive-In, Inc. v. Home Indemnity Co., 436 Pa. 480, 261 A.2d 319 (1969), cert. denied
400 U.S. 819 (1970); Trumball Corp. v. Boss Construction, Inc., 768 A.2d 368 (Pa.
Cmwlth. 2001). Accordingly, the payment bond surety may assert all defenses to the
claim which would be available to the principal contractor. Fireman's Fund, as surety,
may assert any defense available to its principal, Warfel.
A payment bond "protects subcontractors, suppliers, and those who provide
labor to a principal under a construction contract, by providing assurance that a surety
will make payment for the work performed if the principal fails to do so." Beckwith
Machinery Company v. Asset Recovery Group, Inc., 890 A.2d 403, 405 (Pa. Super.
2005). The obligation of a surety under a bond cannot be extended beyond the plain
import of the words used. Reliance v. Ronda, 308 Pa. Super. 98, 454 A.2d 39, 45
(1982); Miller v. Commercial Electric, 233 Pa. Super. 216, 219, 297 A.2d 487, 488
(1972). "Obligations not imposed by the terms of the bond cannot be created by judicial
7
04-031 07
construction or interpretation which extends the terms beyond their normal meaning."
R.R. Wilmot, Inc. v. American Insurance Co., Inc., 164 Pa. Cmwlth. 175, 642 A.2d
584 (1994).
Accordingly, we must next examine the terms of the payment bond, because it is
the language of the bond itself that delineates the surety's obligation to a claimant.
Carpenters Local 261 Health and Welfare Fund v. National Union Fire Insurance of
Pittsburgh, 686 A.2d 1373, 1378 (Pa. Cmwlth 1996). The bond in this case
specifically states that "if Principal shall promptly make payment to all for all labor and
material used or reasonably required for use in the performance of the Contract, then
this obligation shall be void; otherwise it shall remain in full force and effect." (See
Exhibit "A" attached to Defendant's Motion for Summary Judgment.) For those who
have performed labor or supplied material but not been paid in full, the Bond Law
provides a means of redress:
[A]ny claimant who has performed labor or furnished material in the
prosecution of work provided for in any contract for which payment bond
has been given pursuant to the provisions of subsection (a) of section 3
of the act or for which other financial security has been given pursuant
to subsection (a) of section 3.1 of this act, and who has been paid in
full therefor before the expiration of 90 days 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 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 of the
judgment.
8 P.S. § 194(a).
04- 0 31 07
There appears to be no dispute that the Union Funds satisfied the notice
requirements of the payment bond.5 Moreover, the critical facts surrounding the
contract and bond, relevant to determining Fireman's Funds' liability under the bond,
are undisputed: (1) Warfel subcontracted with Allegretto to perform certain work in the
amount of approximately $908,000.000 on the public construction project; (2) Warfel
had a labor and material payment bond for the protection of all persons supplying labor
and material on the project; (3) Allegretto had a collective bargaining agreement with its
union employees; (4) As part of that agreement, Allegretto was obligated to make
certain fringe benefit contributions to the Union Funds; (5) Allegretto's union employees
performed labor on the project; (6) Warfel made payment in full to Allegretto for the
labor performed on the project in accordance with the terms of the subcontract; (7) After
the labor was performed, and after the payment for such labor had been made by
Warfel, Allegretto became bankrupt; and (8) Allegretto failed to pay fringe benefit
contributions in the amount of $92,800.00 to the Union Funds as required by the
collective bargaining agreement for a fixed period of time.
In order for the Union Funds to prevail, all that remains to be determined is
whether the delinquent fringe benefit contributions are within the scope of the payment
bond, that is, whether Warfel has an obligation to ensure the payment of these fringe
benefits to the Union Funds. The answer to this question must be no. To decide
otherwise would change the payment bond, which was issued to protect subcontractors
5While Defendant challenged the notice requirements in its Preliminary Objections to the
First Amended Complaint, it appears to have abandoned this position by not raising it in the
Amended Motion for Summary Judgment.
9
04-031 07
and suppliers in the event of Warfel's non-payment, into a guarantor of any and all
obligations that Allegretto had to its employees.
The bond in this case specifically states that "if Principal shall promptly make
payment to all for all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be void; otherwise it shall remain
in full force and effect." (See Exhibit "A" attached to Defendant's Motion for Summary
Judgment.) "Payment to all" refers to payment to all subcontractors and suppliers.
Plaintiffs, referred to collectively as "Union Funds," are not subcontractors or suppliers
involved in this contract. The Union Funds did not supply any labor or materials used in
this job. The obligation of Fireman's Fund under the bond cannot be extended beyond
its scope. To find otherwise would be tantamount to requiring Warfel, through its bond,
to guarantee payment of all of Allegretto's obligations (i.e., Social Security,
unemployment, health plan payments, and retirement plan payments) on behalf of its
employees.' Obviously, this is beyond the scope of a payment bond that protects
subcontractors from potential non-payment by the general contractor. As stipulated by
the parties, Warfel has made payment in full to Allegretto, its subcontractor, for labor
and material provided on the project. Therefore, the obligation of Fireman's Fund (the
surety) is void as the principal (Warfel) is not in default of the contract.
6Plaintiffs argue that "Warfel had an obligation to ensure that the payments made to
Allegretto were properly applied." (See Plaintiffs Memorandum in Opposition to Motion for
Summary Judgment at 7.) Plaintiffs can cite no case law or statutory law which supports their
argument that Warfel's obligation to ensure payment extended beyond those who actually
performed labor or provided materials to the project.
10
04®0 31 03
Plaintiffs rely on the case S.A. Lindstrom Co. v. Pennsylvania National Mutual
Casualty Insurance Co., 1 D.&C.4th 73 (1989), for the proposition that even if Warfel
paid Allegretto in full, Defendant remains liable under its bond to pay Plaintiffs.
Plaintiffs' reliance on Lindstrom is misplaced, however. The Lindstrom case dealt
with a dispute between sub-subcontractors and the surety. There the court held that
the surety defendant, Pennsylvania National, was liable under its bond for the
subcontractor's (Eastern) failure to pay its sub-subcontractor, the plaintiff (S.A.
Lindstrom Co.), where its principal (Susquehanna) paid the subcontractor (Eastern) for
the plaintiffs work. The plaintiff successfully argued to the court that the payment bond
clearly stated that "anyone who performed work on the project who has not been paid
can sue the surety for the amount due...." (Emphasis added.)
In the instant action, Plaintiffs did not perform any labor or provide any materials
on the project. They are not subcontractors or sub-subcontractors.' They seek to
recover fringe benefit contributions that were not paid by Allegretto. Since Plaintiffs did
not perform any work on the project, they have no right of recovery under the payment
bond.
Additionally, Plaintiffs' claims are barred by the provisions of the Pennsylvania
Contractor and Subcontractor Payment Act ("CASPA"). This Act is applicable to every
"agreement, whether written or oral, to perform work on any real property located in
Pennsylvania." 73 P.S. § 503. CASPA states that "once a contractor has made
payment to the subcontractor according to the payment terms of the construction
7This Court rejects Plaintiffs' contention that union workers are sub-subcontractors of
the employer. Rather, we find that they are direct employees of Allegretto.
11
04- 0 3107
contract or the provision of this act, future claims for payment against the contractor by
parties owed from the subcontractor which have been paid shall be barred." 73 P.S. §
516. Thus, CASPA bars recovery by Plaintiffs because, as stipulated to by the parties,
Warfel paid Allegretto in full in accordance with the terms of the subcontract.
Moreover, the Commonwealth Procurement Code (Code), 62 Pa. C.S. §§ 101-
4509, states "once a contractor has made payment to the subcontractor according to
the provisions of this subchapter, future claims for payment against the contractor or
the contractor's surety by parties owed payment which has been paid shall be barred."
62 P.S. § 3939. As it is undisputed that Warfel made payment in full to Allegretto,
Plaintiffs' claims are barred.
IV. CONCLUSIONS OF LAW
1. Warfel, as contractor, was obligated to pay all costs of labor associated
with the public works project at issue.
2. Warfel paid Allegretto in full for the labor performed on the project in
accordance with the terms of their contract.
3. The delinquent fringe benefit contributions which Allegretto was obligated
to pay to the Union Funds are not within the scope of the payment bond issued by
Fireman's Fund to Warfel.
0
4. Warfel had no obligation to ensure the payment of these fringe benefits to
the Union Funds.
12
0.4- 0 31 07
5. Fireman's Fund, as surety, has no obligation under the payment bond to
make the benefit contributions mandated by the collective bargaining agreement
between Warfel's subcontractor, Allegretto, and its union employees.
6. The obligation pursuant to the surety bond is void as the principal (Warfel)
made prompt payment to all for all labor used in the performance of the contract.
7. Plaintiffs' claims are barred under the terms of the Payment Bond.
Accordingly, Plaintiffs have not met their burden of establishing that they are
entitled to recover benefits under the surety policy, thereby requiring the entry of the
following verdict:
13
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THE BUILDING TRADES HEALTH AND
WELFARE FUND, THE KEYSTONE
DISTRICT COUNCIL OF CARPENTERS
PENSION and ANNUITY FUND, THE
DEFERRED SAVINGS, INDUSTRY, JOB
RECOVERY and APPRENTICE FUNDS,
THE UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF
AMERICA LOCAL UNION NO. 287, and
MICHAEL W. PLATT, Trustee
V.
FIREMAN'S FUND INSURANCE
COMPANY
No. CI-04-03107
0
DG
v ?.
n°
17
c?
-i
M
=o
rn
0
ORDER
0
a?
co
M
-V
.Cm,
Js
?4
AND NOW, this 1n day of September, 2006, following a non jury trial in this matter, and
after submission of stipulated facts and argument, it is hereby ORDERED that the relief
requested by Plaintiffs is denied and judgment is entered in favor of Defendant and against
Plaintiffs.
BY HE C URT
VID . ASHWO
J
ATTEST
Copies to: Maggi E. Colwell, Esquire
Ira H. Weinstock, P.C.
800 North Second Street
Harrisburg, PA 17102
Tracy Thomas Cadzow, Esquire
Harmon & Davies, P.C.
2306 Columbia Avenue \?J
Lancaster, PA 17603
NOTICE OF ENTRY OF ORDER OR DECREE
PURSUANT TO PA. R.G.P. NO: 236
NOTIFICATION - THE ATTACHED DOCUMENT
HAS BEEN FILED IN THIS CASE
PROTHONOTAAR?Y OF LANCASTER CO., PA
DATE: CW5-' -
Maura A. Jenkins
101 W. Big Spring Avenue
Newville, PA 17241
Defendant Pro Se'
BEACONSALES ACQUISITION, INC. d/b/a IN THE COURT OF COMMON PLEAS OF
NORTH COAST COMMERCIAL ROOFING CUMBERLAND COUNTY, PENNSYLVANIA
SYSTEMS, ;
Plaintiff
CIVIL ACTION -LAW
vs.
C"")
wJ 1- 1
j:
M.J. ENTERPRISES OF PENNSYLVANIA, rn,07 y-
LLC, NO. 12-1499
MAURA A. JENKINS, WARFEL <> CO
CONSTRUCTION COMPANY, AND
r-M
TRAVELERS CASUALTY AND SURETY C ;r.._?
COMPANY, : C :
Defendants -- ?'
ANSWER TO COMPLAINT
COMES NOW, Maura A. Jenkins, Defendant, Pro Se, and answers the Plaintiff's Complaint on
behalf of herself personally and Defendant MJ Enterprises of Pennsylvania, LLC (MJE), respectfully
stating in support thereof as follows:
1. Admitted.
2. Denied. MJ Enterprises ceased doing business in May of 2011. Prior to closing its principal
address was 31 N. Corporation Street, Newville, PA 17241. Mail is now being forwarded c/o
101 W. Big Spring Avenue, Newville, PA 17241.
3. Denied. Maura A. Jenkins has been located at 101 W. Big Spring Avenue, Newville, PA 17241
May of 2010.
4. Admitted.
5. Defendant has no information to affirm or deny this information.
6. Admitted.
7. Admitted. As further explanation, Defendant Maura A. Jenkins was directed by Jay H. Brandt,
former owner of J.H. Brandt and Associates, Carlisle, PA, to apply for credit with North Coast
Commercial Rooting based on his company's former relationship with them. Defendant worked
for Mr. Brandt at his company through December 2009, while setting up MJE together with Mr.
Brandt. J.H. Brandt & Associates, Inc. filed bankruptcy and closed, and he wanted to continue
doing business. He asked Defendant to put her name on the new company, as he felt his credit
and IRS problems going forward would prohibit him from opening up a new business in his
name. The Chapter 7 bankruptcy is still pending in the Middle District of Harrisburg, PA. MJE
had no work history and no credit history to speak of when this application was approved. All
extended credit was based on the millions of dollars of business Mr. Brandt's company did with
North Coast Commercial Roofing Supply (York, PA branch) over an 8-10 year period and their
personal relationship with him.
8. Admitted. Please see Paragraph 7 above. As a further explanation, Paragraph 7 is verified by the
fact that Defendant's personal credit history at the time of her signing the personal guaranty was
less than poor, including two bankruptcies on her credit report, delinquent credit history, etc. due
to a divorce and custody situation personally. This information lends itself to the theory that
North Coast Commercial Roofing Company extended credit to Defendant MJE based on their
relationship with Jay H. Brandt, Jr. and JH Brandt & Associates, Inc. If MJE was to have
requested an extension of credit based on a company only 4 weeks old with no prior construction
experience or history, and with an owner who had poor credit history including two bankruptcies
on her credit, Defendant believes strongly credit would have been denied. It was Mr. Brandt's
strong urging and the lure of all the business MJE would bring to North Coast, based on the
dollars JH Brandt & Associates brought to North Coast based on its contracts/material purchase
orders.
9. Admitted. Further, said Joint Pay Agreement states in Paragraph 5 as follows:
5. The Prime Contractor/ Owner shall pay all the invoices in full
rendered to the Subcontractor (collectively, the "Invoices") for the
Project by NCCRS in strict accordance with the payment terms
referenced on each such invoice. To facilitate such payments, copies of
these Invoices may be sent to both the Subcontractor and Prime
Contractor/Owner.
The Supply Agreement and Personal Guaranty are in direct contradiction/conflict with the Joint Pay
Agreement with regard to timely payments. The Joint Pay Agreement puts the responsibility of
payment of all invoices in full `in strict accordance with the payment terms referenced on the
invoices' in the hands of the Prime Contractor. The nature of payments by general contractors on
Defendant MJE's AIA monthly invoices was such that payments were rarely made within 30 days.
The general contractors cannot pay the subcontractors until they are paid by the Owner. It is industry
standard that once a subcontractor submits an invoice to the general contractor, they do not expect to
receive payment for at least 45-60 days. It was also general practice that Plaintiff NCCRS would
waive late fees, understanding that the general contractors rarely made payment within 30 days.
10. Admitted.
11. Admitted. As a further explanation of the process, each materials invoice was associated with a
certain project and referenced with a job number. Each time Defendant MJE submitted a
monthly AIA invoice to a general contractor for work done over a certain 30-day period, said
contractor, because of the Joint Pay Agreement in place, required that all materials invoices
associated with that project, and billed during the 30-day period being invoiced to contractor,
needed to be attached to the AIA invoice so that the general contract: would be assured that the
vendor was being paid for his invoices from the contract BEFORE the Defendant MJE received
its portion of the proceeds from the AIA invoice. The materials invoices generated by Plaintiff
North Coast Commercial Roofing Systems to Defendant MJE unfortunately did not always reach
the Defendant Maura A. Jenkins (as the person in charge of payables). Problems arose when 1)
the jobs were underbid by the estimator, leaving no money from the beginning of the project to
take care of not only the materials invoices, but also leaving no money in the contract for basic
employer taxes and overhead expenses. In addition, unless the general contractor contacted the
vendor directly to verify which invoices were outstanding on any given month, then the invoices
that were available to Defendant Maura A. Jenkins were the only ones submitted for payment.
At times, there were invoices that fell between the cracks as far as when they were generated. If
materials were purchased and delivered, but an invoice not generated in a timely fashion, it
missed getting included in a monthly billing to the GC. Again, because jobs were being
underbid, and did not cover basic expenses of the project, as well as payroll and taxes, coupled
with some invoices not being made available to Defendant Maura A. Jenkins for processing,
invoices were missed and payments were made to Defendant MJ Enterprises from Contractor -
without the benefit of joint payment to Plaintiff North Coast Commercial Roofing Systems.
12. Admitted in part and denied in part. See answer to Paragraph 9 above
13. Admitted in part and denied in part. See answer to Paragraph 9 above.
14. Admitted in part and denied in part. Admitted that Defendant MJE is indebted to Plaintiff
NCCRS for $76.096.14. Denied that it is responsible for late fees and penalties. See answer to
Paragraph 9 above.
15. Denied. See Answer to Paragraph 9 above.
16. Denied that Defendant breached the contract with regard to not making timely payments. See
answer to Paragraph 9 above.
17. Admitted in part and denied in part. Admitted that Defendant MJE was indebted to Plaintiff
NCCRS in the amount of 576,096.14. Denied that Defendant is responsible for late fees, given
the fact that the Joint Pay Agreement states the Prime Contractor/GC was responsible for making
sure payments were made within 30 days, and rarely if ever did the Prime Contractor pay the
Defendant MJE's invoices within 30 days. It should be the Defendant Warfel Construction that
is responsible for penalties associated with payments made outside of 30 days.
18. Admitted.
19. Denied. The Joint Pay Agreement specifically states it is the PRIME CONTRACTOR'S
responsibility for making sure payments are made within the 30-day period required on Plaintiff
NCCRS's invoices. See answer to Paragraph 9 above.
20. Denied. See answer to Paragraph 9 above.
(Plaintiff s WHEREFORE assertion is Denied. See Plaintiff s Allegation No. 16 wherein the correct
amount that they are asserting is owed is $83,134.35, not $883,134.35.)
21. Admitted.
22. Admitted. As a further explanation, though Defendant Maura A. Jenkins did sign a Personal
Guaranty, she was directed to do so by her partner in the day to day operations of MJE, Jay H.
Brandt, Jr. Mr. Brandt explained that every vendor asks for a personal guaranty, he over-
simplified the risk the Defendant Maura A. Jenkins was taking, given the fact his estimates were
in error, underbid, and the projects that materials were purchased for were upside down before
Defendant MJE even stepped on the job site. Further, it was Mr. Brandt who signed the contract
for Hillside Elementary School, and by signing that contract Mr. Brandt was agreeing that all
subcontractors would be paid on time, and that his bid was covering all of the project costs.
Defendants MJE and Maura A. Jenkins were unaware of the contract until it was awarded, and
unaware that Mr. Brandt signed on behalf of the company. He was not authorized to do so, he
did so in his former capacity as owner of JH Brandt & Associates, and was still acting in capacity
as owner of MJ Enterprises. (See Exhibit "A" attached hereto and made a part hereof).
Defendant MJE is out of business and barred by PA Labor and Industry from the
roofing/construction industry. Defendant MJE also has a S260k plus lien filed against them from
the IRS. The company has no assets. Defendant Maura A. Jenkins owns no assets, and is also
being pursued now by the IRS for taxes not collectible from Defendant MJE, as well as other
vendors she also personally guaranteed debt for. To find judgment against Defendant Maura A.
Jenkins personally for this debt will cripple her indefinitely and she will never be able to recover.
23. Defendant MJE and Maura A. Jenkins have insufficient information to either admit or deny this
allegation.
24. Defendant MJE and Maura A. Jenkins have insufficient information to either admit or deny this
allegation.
25. Admitted in part and denied in part. Admitted that a contract was entered in to with Defendant
MJE, denied that Defendant Maura A. Jenkins, owner and only person authorized to sign
contracts and applications for credit, signed the contract. See Answer to Paragraph 22 above.
26. Admitted. Further, the request for credit was made by estimator Jay H. Brandt, Jr. to Chris
Thompson, sales representative of the York, PA branch of Plaintiff NCCRS. Arrangements for
credit were based on the previous relationship NCCRS and Mr. Thompson had with Mr. Brandt
and his company.
27. Admitted. For further explanation, please see answer to Paragraph 9 above.
28. Admitted.
29. Admitted.
30. Admitted.
3l. Admitted.
32. Denied that Defendant Warfel issued Joint Checks pursuant to the Joint Check Agreement.
Checks issued jointly to Defendant MJE and Plaintiff NCCRS were made outside the
requirements of Paragraph 5 of the Joint Pay Agreement. See answer to Paragraph 9 above.
33. Admitted.
34. Admitted in part and denied in part. Admitted that the invoice charges by Plaintiff NCCRS were
just and reasonable. Admitted that Defendant MJE, in its Supply Agreement with Plaintiff,
agreed to payments within 30 days. Denied that the Joint Pay Agreement held Defendant MJE
responsible for complying with the terms of the Supply Agreement which stated payments were
to be made within 30 days. The Joint Pay Agreement established that the Prime Contractor was
responsible for making sure the invoices were paid within the time frame set out in the Supply
Agreement.
35. Admitted.
36. Defendant MJE has insufficient information to either affirm or deny this allegation.
37. Defendant MJE has insufficient information to either affirm or deny this allegation.
38. Defendant WE has insufficient information to either affirm or deny this allegation.
39. Defendant MJE has insufficient information to either affirm or deny this allegation.
40. Admitted.
BY:L?
M ura A. Jenkins'
101 W. Big Spring ve
Newville, PA 1724? __
Tel: (717) 460-7981
Fax: (717) 960-9601
E-mail: midocprepl Caa)aol.com
Defendant, Pro Se'
7
APlP - JILP
F
December 23, 2009
Warfel Construction
Attn: John Costalas
Project:
A Woman Owned BLISines a
llside Elementary - Revision
Quoted Price: Base Bid
Alt GC-7
Composite Panels
Roof Blocking, Insulation, Sheathing & Wrap
Specifications: 06100
07411
07412
07415
07542
07620
07720
Rough: Carpentry (Roofing & Wall Panels)
Metal Roof Panels
Metal Wall Panels
Composite Wall Panels
PVC Roofing
Sheet Metal Flashing & Trim
Roof Accessories
$411,600.00
ADD $ 55,698.00
ADD $160,980.00
ADD $ 60
2p,
j'V c/
'?7 try (Y ,0
r 60
;1cc.c ?;
?L
Furnish and Install the Following: 4b
?
1. 1.5" polyisocyanurate insulation on walls directly beneath PVC wall flashing
2. 2" polyisocyanurate insulation mechanically fastened to roof deck
3. 1.5" polyisocyanurate insulation and crickets in adhesive
4. Fully adhered .060" PVC roof system, flashings, wallcpads and 15-year total system warranty
5. .050" aluminum shop fabricated coping in standard 2-coat Kynar finish/colors
6. Galvanized built-in gutter, downspouts and membrane liner
7. Stainless steel counter flashing and scuppers
8. Nailboard and Ice/Water Shield at metal roof areas
9. Standing seam roof system, trims and 20-year finish/10-year watertightness warranties. 22 Ga. in custom color
2-coat Kynar
10. Flush wall panel system, trims and 10-year finish/2-year material warranties. 24 Ga. in 2-coat standard Kynar
finish/colors
11. 3 ea roof hatches and ladder up posts
12. 4 mm composite wall, fascia & soft panel system & trims. Standard 3-coat Kynar finish/color
13. Pressure treated wood blocking, sheathing, polyisocyanurate insulation and wrap
• Top of parapets
• Curbs
• Exterior walls & fascia behind composite and wall panels
• Built-in gutters
• Metal roof blocking
Qualifications:
I . Fees, pernuts, and bonds are excluded.
2. Roof drains and installation are excluded
3 Dumpsters are excluded
4. Prevailing wage is included
:Addenda 1-3 acicnowledged
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?-? I `:: t,
?,
?`_ _.- - -- r??ia?5• Oahe
WAffEL
h COMSINUCI COIIM
r
DATE: 1/7/2010
PROJECT: Hillside Elementary School
JOB NUMBER: 15214
CONTRACT No. 8 MARkm
TO: MJ Enterprises of Pennsylvania LLC
44 Brandt Lane
Newville, PA 17241
CONTACT: Jay Brandt
DELIVERING CLIENT FocUSED
COKSTRUCTION SOLUTIONS.
FAX:
PHONE:
Furnish all labor, material, equipment, and supervision necessary to complete the ROOFING work in accordance with the
plans and speciftcations and the attacked scope review sheet dated 1/7/10.
It is understoW that Warfel Construction company wiu be named as Addnlortal Insured under your General and Umbrella Liability Ponciea.
All invoices must be submitted in duplicate and use tine AIA 0702 and 0703 *wmat. Invoices must be received in our ofte by the 22nd of
each month. It is understood that the attached Supplementary Conditions are part of this contract and that both copies wltl then he executed
and one copy will be retumed tD you for your use.
Five Hundred Eihousaad Dollars
MJ
Signed:
By: Jay Brandt
Date:
Total: $580,000.00
Contracted By:
Warfel Construction Com ny
Signed:
By: Mike Dorgan
Date: i Z a t
LLC
'110 Enter--ise !Ua<, East Petersburg, PA 17520 oliarte: 717.299 4500 'a°: 71799.4623 www.warfeicc.com
TRANSMITTAL No. 00070
PROJECT: Hillside Elementary School DATE: 3/2/2010
TO: MJ Enterprises of Pennsylvania LLC REF: Signed Contract #8
44 Brandt Lane
Newville, PA 17241
ATTN: Jay Brandt FROM: Mike Dorgan
WL: ARE SENDIN SUBMITTED FOR, ]Rck0 : AKEN rl M= rr um unroved as ift.A
Letter Your Use Noled
Pants med Attar Lap
Ckwo prdcr Review and mit
S lewd
A ons
giber: contmet Sepwft Cover Via: US AWL Date:
ITEM NO. COPIES DATE
01 i
Remarks:
NUMBER DESCRIPTION
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SUBCONTRACT SUPPLEMENTAL CONDITIONS
a. Subcontractor hereby agrees to perform your work and furnish the required materials and/or labor when notified and in such a
manner that other parties employed on this project will not be hindered or delayed by you. It is agreed that time, although not
described by days or dates, is of the essence and that upon notification you will proceed promptly.
Subcontractor shall provide to WARFEL CONSTRUCTION COMPANY in a timely fashion a schedule proposed by
Subcontractor for the performance of its work in compliance with the project schedule established between the Owner and
WARFEL CONSTRUCTION COMPANY by which Subcontractor agrees to be bound. WARFEL CONSTRUCTION
COMPANY shall have the right to determine and change the time, order and priority in which various portions of
Subcontractor's work shall be performed.
b. It is further understood that all Federal, State, and Municipal taxes coincident with work performed by you shall be paid by you,
unless mentioned otherwise herein.
It is agreed that compensation for extra labor or materials furnished which are not included herein shall be payable only if
authorized in writing by WARFEL CONSTRUCTION COMPANY. Final approval of compensation for extra work furnished
will be determined by WARFEL CONSTRUCTION COMPANY's Project Manager. WARFEL CONSTRUCTION
COMPANY's Field Superintendent is authorized only to acknowledge quantities for extra labor and material furnished. Signature
by WARFEL CONSTRUCTION COMPANY's Field Superintendent should not be interpreted as approval of the cost associated
with the extra work furnished.
he term "Subc2tr toga
ffiffi ME eki)-comys-INTReiVIK e n o rk, c sh l
Subcontractor's Certificate of Insurance, which shall be subject to WARFEL CONSTRUCTION COMPANY'S approval of
adequacy of protection and the satisfactory character of the insurer, to: Insurance Administrator, Warfel Construction
Company, 1110 Enterprise Road, East Petersburg, PA 17520
Coverages:
Worker' Compensation and Employers-Liability: in the State in which the Work is to be
performed and elsewhere as may be required and shall include, where applicable, U.S.
Longshoremen's and Harbor Workers' Coverage:
Bodily Injury by Accident: $100,000.
Bodily Injury by Disease: $100,000.
Bodily Injury by Disease -
(Per Occurrence Aggregate): $500,000.
Commercial General Liability: (including Premises-Operations, Independent Contractors,
Products/Completed Operations, Broad Form Property Damage, Contractual Liability and
Explosion, Collapse and Underground Coverage's, and Personal Injury).
Occurrence Form
General Aggregate: 32,000,000.
ProduetsrCompleted Operations
Alb -gate: S 1,000,000.
Each Occurrence: 31,000,000.
Rev 07'09
Subcontractor agrees to make all claims against WARFEL CONSTRUCTION COMPANY for which the Owner is or may be
liable within the same time limits provided in the contract between WARFEL CONSTRUCTION COMPANY and the Owner for
Page % ui
Personal and Advertising Injury: $ t ,000,000.
Fire Damage (any one fire): $ 50,000.
Medical Expense (any one group): $ 5,000.
Endorsements:
The General Liability and Umbrella policies are to be endorsed to reflect that insurance is to be
primary for the Subcontractor. WARFEL CONSTRUCTION COMPANY the Owner, and all
other additional named insured.
Products and Completed Operations Coverage must be maintained for a period of at least two (2)
years after final payment.
Automobile Liability:
Bodily Injury and Property Damage: $1,000,000.
(Includes owned and hired/non-owned vehicles)
Commercial Umbrella Liability:
Occurrence Limit: $1,000,000.
Aggregate Unit (where applicable) $1,000,000.
This policy is to apply excess of the Commercial General Liability and Employers Liability
Coverage's.
The no i abo ura. 11 rsed the fo_
{ T S ° ON ANY' er,
all N t i e
S on u
I - y o the ies a ement
s ogatio the ici rsed.
The un o AWMAMMMn
AIL 4"111al- I lu?m
o
W 0 N gym Fan T_
Any type of Insurance or any increase in limits of liability not described above which the Subcontractor requires for
its own protection or on account of statute shall be its own responsibility and at its own expense.
In the event of a failure of Subcontractor to furnish and maintain these insurance requirements and to furnish
satisfactory evidence thereof, WARFEL CONSTRUCTION COMPANY shall have the right, but not the obligation,
to acquire the same for all parties on behalf of the Subcontractor who agrees to furnish all necessary information
thereof and to pay the cost thereof to WARFEL CONSTRUCTION COMPANY immediately upon presentation of
an invoice.
In no event are you to begin work until this Certificate of Insurance showing coverage in the aforementioned
amounts required for this job is received and approved by our office. Any work performed without having the
Certificate of Insurance received and approved by WARFEL CONSTRUCTION COMPANY is at Subcontractor's
own risk. Most importantly, no invoices will be paid to Subcontractor until a Contractor approved Certificate is on
file with WARFEL CONSTRUCTION COMPANY.
It is understood and agreed that all debris and refuse created by the installation of your work shall be removed daily from the
jobsite. Any expense incurred by WARFEL CONSTRUCTION COMPANY as a result of your failure to comply with this
requirement will be backcharged to this contract; should multiple contracts be involved your charges will be pro-rated; prc-ration
to be determined by this office. If practical you will he given an 8-hour notice of impending cleanup and backcharges by the field
superintendent
Pane 3 of b
You hereby acknowledge that opportunity has been given to you to acquaint yourself fully, with the contract between WARFEL
CONSTRUCTION COMPANY and the Owner and accompanying specifications and drawings, accordingly and to the extent that
the said contract, specifications and drawings apply to or involve the work and materials to be done or supplied by you, you agree
to and shall be bound by the terms and provisions of the said contract specifications and drawings as though they were physically
incorporated in this document.
Subcontractor additionally acknowledges that it has visited the project site and inspected the conditions which could affect
Subcontractor's work under this subcontract. Any failure of the Subcontractor to inspect the site for such conditions will not
relieve the Subcontractor from its duty to complete its work under the subcontract without additional expense to WARFEL
CONSTRUCTION COMPANY.
g. Subcontractor agrees to indemnify and hold harmless the Owner and WARFEL CONSTRUCTION COMPANY and their
respective shareholders, partners, owners, officers, directors, sureties, agents and employees, from and against any and all
demands, claims, suits, causes of action, damages, losses, penalties, and/or expenses, including attorneys fees, arising out of or
resulting from subcontractor's performance of the work required by the subcontract, resulting from negligent acts of the
subcontractor or the joint negligent act or acts of the subcontractor and WARFEL CONSTRUCTION COMPANY.
The Subcontractor agrees to assume the entire responsibility and liability for all damages or injury to all persons, and to all
property, arising out of or in any manner connected with the execution of the "Work" under this Subcontract and to the fullest
extent permitted by law, the Subcontractor shall defend and indemnify WARFEL CONSTRUCTION COMPANY from all such
claims resulting from negligent acts of the subcontractor or the joint negligent act or acts of the subcontractor and WARFEL
CONSTRUCTION COMPANY.
The Subcontractor agrees to assume its entire responsibility and liability for all damages or injury to all persons, whether its
Residential Buildine Protects
WHEREAS, the total contract price between the Owner and WARFEL CONSTRUCTION COMPANY is less than one mllllon
dollars ($1,000,000.00), the Subcontractor does hereby waive its right to file a Mechanics' Lien Claim against the property for the
erection, construction, alteration or repair of a residential building by this written instrument signed by the Subcontractor.
WHEREAS, the total contract price between the Owner and WARFEL CONSTRUCTION COMPANY is greater than one
million dollars ($1,000,000.00), and WARFEL CONSTRUCTION COMPANY has posted a bond guaranteeing payment for
labor and materials provided by the Subcontractor, the Subcontractor does hereby waive its right to file a Mechanics' Lien Claim
against the property for the erection, construction, alteration or repair of a residential building by this written instrument signed by
the Subcontractor.
Non-Residential Buildine Protects
WHEREAS, WARFEL CONSTRUCTION COMPANY has posted a bond guaranteeing payment for labor and materials provided
by the Subcontractor, the Subcontractor does hereby waive its right to file a claim against the property for the erection,
construction, alteration or repair of a non-residential building by this written instrument signed by the Subcontractor.
WHEREAS, WARFEL CONSTRUCTION COMPANY has not posted a bond guaranteeing payment for labor and materials
provided by the Subcontractor, the Subcontractor does hereby partially waive its right to file a claim against the property for the
rection, construction, alteration or repair of a non-residential building by this written instrument signed by the Subcontractor, but
only to the extent that such payment is actually received by the Subcontractor.
Rev. 07/09
h. MECHANICS' LIEN WAIVER AND PARTIAL RELEASE OF LIENS
Page 4 at ,
(Effect of Waiver
WHEREAS, the written contract between the Owner and WARFEL CONSTRUCTION COMPANY, or a separate written
instrument signed by the Owner and WARFEL CONSTRUCTION COMPANY, which provides that no claim shall be filed by
anyone, is binding as against the Subcontractor; and, the Subcontractor does hereby acknowledge actual notice thereof by this
written instrument signed by the Subcontractor and does hereby further acknowledge actual notice thereof before any labor and
materials were provided by the Subcontractor. Such a provision shall be binding as against anyone who, by contract with the
Subcontractor, express or implied, furnishes labor or materials in connection with the property including, but not limited to, the
erection, construction, alteration or repair of an improvement on any part of the property.
Index ni
WHEREAS, a Mechanics' Lien Claim is filed by anyone who, by contract with the Subcontractor, express or implied, furnishes
labor or materials in connection with the property including, but not limited to, the erection, construction, alteration or repair of an
improvement on any part of the property, the Subcontractor shall indemnify, defend and hold harmless the Owner and WARFEL
CONSTRUCTION COMPANY, from any and all costs associated with any and all efforts expended to have the said claim stricken
or dismissed from, or marked as satisfied on, the civil docket of the court in which the said claim was filed including, but not
limited to, all fines, penalties, liabilities, costs, expenses, reasonable attorneys' fees and sanctions.
i. The Subcontractor will comply faithfully with all governmental laws and regulations governing or appertaining to the work and
material agreed to be done or supplied by you. This specifically includes, but is not limited to, all federal and state regulations
concerning the handling and disposal of hazardous substances.
designated representative.
Should you at any time fail to supply a sufficient number of skilled workmen or sufficient quantity of materials of proper quality,
or fail in any respect to prosecute the work covered by this subcontract with promptness and diligence, or fail in the performance
of any of the agreements herein contained, or should any workmen performing work covered by this subcontract engage in a strike
or other work stoppage, or cease to work due to picketing or other such activity, WARFEL CONSTRUCTION COMPANY may
in any of such events at its option, without prejudice to any other remedies it may have, after forty-eight (48) hours written notice
to you, provide any such labor and materials and deduct the cost thereof from any monies then due or thereafter to become due
you; and further, in any of such events, WARFEL CONSTRUCTION COMPANY may at its option, without prejudice to any
other remedies it may have, terminate the employment of your firm for the work under this subcontract and shall have the right to
enter upon the premises and take possession, for the purpose of completing the work hereunder, of all the materials, tools, and
equipment thereon, and to finish the work and provide the materials therefor either with its own employees or other
subcontractors; and in case of such discontinuance of the employment by WARFEL CONSTRUCTION COMPANY, you shall
not be entitled to receive any further payments under the subcontract or otherwise, but shall nevertheless remain liable for any
damages which WARFEL CONSTRUCTION COMPANY incurs; if the expenses incurred by WARFEL CONSTRUCTION
COMPANY in completing the work shall exceed the unpaid balance, you shall pay the difference to WARFEL CONSTRUCTION
COMPANY along with any other damages incurred by WARFEL CONSTRUCTION COMPANY as the result of your default.
WARFEL CONSTRUCTION COMPANY shall have a lien upon all materials, tools and appliances taken possession of to secure
the payment thereof. You shall be liable to WARFEL CONSTRUCTION COMPANY for all costs and damages including
attorneys' fees incurred by WARFEL CONSTRUCTION COMPANY due to the failure of your performance, your failure to keep
the progress of your work up to that of contract or other trades, or the failure to execute your work as directed by WARFEL
CONSTRUCTION CONIP:-'\-NY.
Rev. C'i49
j. Wherever herein materials or equipment are to be supplied by you, only such materials and equipment to which you have full
and complete legal title will be supplied and used by you.
°age 5 of c
rn. Whcn requested herein, it is agreed that you shall supply us with a completion and faithful performance bond by a bonding
company acceptable to us before you commence work or supply materials, the said bond !to be supplied within forty-eight (48)
hours from the date of execution of this contract.
n. This contract shall not be assigned by you without the written approval of WARFEL CONSTRUCTION COMPANY which may
be given or withheld at its sole discretion.
o. Subcontractor agrees that when the contract documents, specifications, or drawings require, subcontractor will comply with any
applicable State or Federal prevailing wage law as well as any rules and regulations promulgated thereunder. Subcontractor
agrees to comply with all such terms and conditions which are applicable to this subcontract, and further agrees to include in its
contract with any sub-subcontractor, a clause requiring compliance with any applicable State or Federal prevailing wage law as
well as any rules and regulations promulgated thereunder to enforce compliance with any applicable state or federal prevailing
wage law as well as any rules and regulations promulgated thereunder, and to indemnify and hold WARFEL CONSTRUCTION
COMPANY harmless for failure to comply with such conditions.
p. Subcontractor will cooperate to the fullest extent with the applicable regulations of the Civil Rights Act of 1964 and Executive
Order No. 11246 of September 24, 1965, as amended regarding Equal Employment Opportunity. Subcontractor also certifies that
it does not engage in any form of discrimination based on race, color, religion, sex, or national origin.
q. Subcontractor will have actual responsibility for complying with the standards set forth in the rules and regulations promulgated
pursuant to the Construction Safety Act (40 U.S.C. 327) and other OSHA related provisions to the extent applicable to your
portion of the work and you shall indemnify and save WARFEL CONSTRUCTION COMPANY harmless in connection therewith
from any and all damage including attorney's fees, cost of corrective action, fines, etc.
u. Before the commencement of any work the Contractor and Subcontractor shall furnish to each other copies of all collective
bargaining agreements to which either they may be a party and which pertain to any labor to be performed on the project.
V. This subcontract includes all the agreements between WARFEL CONSTRUCTION COMPANY and the Subcontractor for the
specific project named herein, and any changes hereto shall be made in writing and executed by both WARFEL
CONSTRUCTION COMPANY and the Subcontractor.
WARFEL CONSTRUCTION COMPANY may, at any time by a written change order, make changes within the general scope of
this subcontract. If any such change causes an increase or decrease in the cost or time required for the performance of any part of
the work under this subcontract, an equitable adjustment shall be made in the price or delivery schedule or both and the
subcontract modified in writing accordingly. Any claim by the Subcontractor for an adjustment under this provision must be
asserted in writing within thirty (30) days from the date of receipt by Subcontractor of the notification of the change or such
shorter time specified in the notice and will, in all cases, be subject to the approval by Owner and Subcontractor agrees that it
shall be bound by the Owner's decision.
Should the Owner suspend or terminate its contract with WARFEL CONSTRUCTION COMPANY, including suspension or
termination for convenience, except solely for default by WARFEL CONSTRUCTION COMPANY not caused by the
Subcontractor. Subcontractor shall be bound to WARFEL CONSTRUCTION COMPANY as it is bound .o the Owner under its
3ontract 'with the Owner.
R8'?. ')?.'(,1()
The acceptance of goods or performance after the occurrence of any of the above events shall not affect the right of WARFEL
CONSTRUCTION COMPANY to cancel and terminate this contract.
Page b 0!
w When requested, Subcontractor will provide a complete list of all subcontractors, suppliers, materialmen, etc. which it intends to
use on the project and to provide any and all contractual, billing and payment information relating to those parties.
x. Subcontractor shall insure that all sub-subcontractors, employees and suppliers, at all times, are paid all amounts due in connection
with the performance of this subcontract. After the first payment hereunder, WARFEL CONSTRUCTION COMPANY shall have
the right to withhold any subsequent payments until Subcontractor submits evidence satisfactory to WARFEL CONSTRUCTION
COMPANY that all amounts owed in connection with performance of this subcontract have been paid. Further, Subcontractor
agrees that WARFEL CONSTRUCTION COMPANY may pay all persons which have not been paid the monies due them in
connection with this subcontract whether or not a lien has been filed, and Subcontractor shall, to the extent that WARFEL
CONSTRUCTION COMPANY has not recovered said amount pursuant to withholding, pay said amount to WARFEL
CONSTRUCTION COMPANY upon demand. Subcontractor shall immediately reimburse WARFEL CONSTRUCTION
COMPANY for the full cost thereof including attorney's fees.
Subcontractor's monthly progress payment request must be received in the office of WARFEL CONSTRUCTION COMPANY on
or before the 22"d day of the month in order to be included in the monthly requisition to the Owner for this project. On the 25`h
day of the following month, or the first business day thereafter (if the 25'" is a holiday), WARFEL CONSTRUCTION
COMPANY will issue.a check to Subcontractor providing Subcontractor's request has been approved by the Architect and
WARFEL CONSTRUCTION COMPANY's monthly requisition has been paid by the Owner prior to that date. Payment requests
received by WARFEL CONSTRUCTION COMPANY after the 22"d day of the month will not be processed until the following
month's requisition, which may delay Subcontractor's payment by as much as thirty days. Retainage of ten percent (10%) will be
withheld on Subcontractor's monthly progress payment requests.
?ONSTl??I
Your signature below acknowledges that you have
read and accept these conditions.
Date
i
x
a
Rev. 07/09
WARFEL CONSTRUCTION COMPANY shall have the right to reduce and set off against amounts payable hereunder any
indebtedness or other claim which WARFEL CONSTRUCTION COMPANY may have against Subcontractor however and
MWARFEL
ON CNPANY
1/8/2010
Jay Brandt
MJ Enterprises of Pennsylvania LLC
44 Brandt Lane
Newville, PA 17241
Dear Jay
DELIVERING CLIENT FOCUSED
CONSTRUCTION SOLUTIONS.
This letter is to confirm with you this Company's Affirmative Action Policy and our commitment to the
achievement of our affirmative action goals. Inasmuch as you are a subcontractor with Warfel Construction
Company, we would like to express the importance of your own efforts at affirmative action. 1 am enclosing a
copy of our standard policy statement and call your attention to paragraph "p" of our standard subcontract
agreement.
Please date and sign the duplicate copy of this letter and return it to our office promptly.
Thank you for your cooperation.
Sincerely,
Mr. Jeff Pierce
Director of Safety
COMPANY:
SIGNATURI-
t y
DATE:;/•
Ii'(1 crre?r?ri? Road HLIst IPA !7520 ???one 717299=15)(:- iz 7i7299.452S wwwwarfdmcnm
¦a¦
a¦aa
?aaas?
VERIFICATION
I, Maura A. Jenkins, verify that the facts set forth within this Answer to Complaint are true and
correct to the best of my knowledge, information and belief. I understand that the statements herein
are made subject to the penalties of 18 Pa. C.S.A. §4904 (relating to unsworn falsification to
authorities).
? l
Maura A. Jenkins
Defendant, Pro Se'
CERTIFICATE OF SERVICE
I, Maura A. Jenkins, certify that on this date, I served a true and correct copy of the foregoing
Answer to Complaint upon the following parties or their counsel of record by depositing same in the
United States mail, postage prepaid, addressed as follows:
Shannon O. Young, Esquire
Harmon & Davies, P.C.
2306 Columbia Avenue
Lancaster, PA 17603
Steven J. Adams, Esquire
Stevens & Lee
I I I N. Sixth Street
Reading, PA 1960
Date: June 28, 2012
Steven J. Adams
Attorney I.D. No. 56293
Stevens & Lee
111 North Sixth Street
P.O. Box 679
Reading, Pennsylvania 19603-0679
Attorneys.for Plaintiff
BEACON SALES ACQUISITION, INC. d/b/a
NORTH COAST COMMERCIAL ROOFING
SYSTEMS,
Plaintiff,
VS.
M. J. ENTERPRISES OF PENNSYLVANIA,
LLC, MAURA A. JENKINS, WARFEL
CONSTRUCTION COMPANY, AND
TRAVELERS CASUALTY AND SURETY
COMPANY,
Defendants.
" T14 ? PROVO OVARY
2412 JUL 13 AM 9= 54
"UMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL
: No. 12-1499
REPLY OF PLAINTIFF TO NEW MATTER OF
DEFENDANTS WARFEL CONSTRUCTION COMPANY
AND TRAVELERS CASUALTY AND SURETY COMPANY
Plaintiff Beacon Sales Acquisition, Inc., d/b/a North Coast Commercial Roofi
Systems ("North Coast"), replies to the New Matter of defendants Warfel Construction
("Warfel") and Travelers Casualty and Surety Company ("Travelers"), as follows:
41. North Coast incorporates herein by reference all of the averments in its
Complaint filed in the above-captioned action.
42. Denied. This averment is a conclusion of law to which no response is
required.
43. Denied as stated. The Payment Bond is a written document that speaks
itself.
OF
IANIA
SL I 1177138v] 107103.00001
44. Denied. To the contrary, North Coast did meet all of the conditions present
to being paid on the Payment Bond, as averred at Paragraph 38 of the Complaint, and their
response to Paragraph 38 of the Defendants failed to deny with the required degree of
those conditions precedent that they contend were not satisfied by North Coast in violation of
Pa. R. Civ. P. 1019(b).
45. Denied. To the contrary, North Coast did provide Travelers with all of the
documents that it requested to investigate the claim and did cooperate with Travelers at all ti
46. Denied. This averment is a conclusion of law to which no response is
required. By way of further answer and defense, as of the date of the filing of this reply, N
Coast has not received funds on account of its claim on the Payment Bond or under the Joint
Check Agreement from any other source.
47. Denied. To the contrary, North Coast does believe in good faith that its
materials were used in the construction of the Project.
48. Denied. This averment is a conclusion of law to which no response is
required.
49. Denied. This averment is a conclusion of law to which no response is
required.
50. Denied. This averment is an improper conclusion of law. By way of
answer and defense, Section 3939(b) of the Prompt Pay Act cannot be invoked as a defense by
general contractor or it's surety when the contractor is in breach of a joint check agreement
the subcontractor who is making a claim on the bond. See Diener Brick Company vs. Mastro
Masonry Contractor, et al., 885 A.2d 1034 (Pa. Super. 2005).
2
SL1 1177138v] 107103.00001
51. Denied. North Coast does not know what Warfel and Travelers do or do
know, and North Coast objects to the Defendants' improper attempt to assert defenses in the
future that should have seen asserted in their answer. Defenses not timely asserted in their
answer or new matter have been waived. See Pa. R. Civ. P. 1032(a).
WHEREFORE, Plaintiff prays that the relief requested in its Complaint against
defendants Warfel Construction Company and Travelers Casualty and Surety Company be
granted in its entirety and that the defendants' new matter defenses be denied--.-.-------
STEVENS & LEE,.-'
By
SL I 1 177138v 1 107103.00001
Attorney I.D. No. 56293
111 North Sixth Street
P.O. Box 679
Reading, PA 19603-0679
Tel: (610) 478-2133
Fax: (610) 988-0841
Email: sja@stevenslee.com
Attorneys for Plaintiff Beacon Sales Acquisition,
Inc. d/b/a North Coast Commercial Roofing
Systems
3
VERIFICATION
I, Michael LeAnza, verify that I am a Credit Manager of Beacon Sales
Acquisition, Inc., d/b/a North Coast Commercial Roofing Systems, the plaintiff in the within
action; that as such employee I am authorized to make this verification on its behalf; and that the
facts set forth in the within Reply of Plaintiff to New Matter of Defendants Warfel Constnlction
Company and Travelers Casualty and Surety Company are true and correct to the best of my
knowledge, information and belief. I understand that the statements herein are made subject to
the penalties of 18 Pa. C.S.A. § 4904 (relating to uns orn falsificat* to authorities).
Michael LeAnza
Credit Manager
Beacon Sales Acquisition, Inc., d/b/a
North Coast Commercial Roofing Systems
S L 11177138x 1 107103.00001
CERTIFICATE OF SERVICE
I, STEVEN J. ADAMS, ESQUIRE, certify that on this date I served a true and
correct copy of the foregoing Reply of Plaintiff to New Matter of Defendants Warfel
Construction Company and Travelers Casualty and Surety Company upon the following
or their counsel of record by depositing the same in the United States mail, postage prepaid,
addressed as follows:
Maura A. Jenkins and
M. J. Enterprises of Pennsylvania, LLC
101 W. Big Spring Avenue
Newville, PA 17241
Shannon O. Young, Esquire
Harmon & Davies, PC
2306 Columbia Avenue
Lancaster, PA 17603
Date: July a, 2012
. Adams
SL I 1177138v] 107103.00001