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HomeMy WebLinkAbout12-6723JEFFREY S. WILSON, ESOUIRE'~ ATTORNEY NO. 50503 POST OFFICE BOX 42321 PHILADELPHIA, PA 19101-2321 610-543-0434 ..._ . ,. x~.. ;i ~., , r, .: _ .. .~ ~J ~ ~ r ~ ,_ k~ ,r~ 'r ail ry I i. ~,~ l (~~~5~ t I`i 1 f1 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW INDUSTRIAL FABRICATION CO. INC. NO. ` a - l~ ~ a 3 14124 339th Avenue SE Sultan, WA 98294 vs. CONEWAGO ENTERPRISES INC. 660 Edgegrove Road Hanover, PA 17331 and FEDERAL INSURANCE COMPANY 15 Mountain View Road Warren, NJ 07059 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance, personally or by attorney and filing in writing with the Court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and 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. LAWYER REFERENCE SERVICE of CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 717-249-3166 ~iu,~ ~,~p? >5'Pa ~ ~~. o~S a JEFFREY S. WILSON, ESQUIRE ATTORNEY NO. 50503 POST OFFICE BOX 42321 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19101-2321 610-543-0434 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW INDUSTRIAL FABRICATION CO. INC. NO. 14124 339th Avenue SE Sultan, WA 98294 vs. CONEWAGO ENTERPRISES INC. 660 Edgegrove Road Hanover, PA 17331 and FEDERAL INSURANCE COMPANY 15 Mountain View Road Warren, NJ 07059 CIVIL COMPLAINT 1. This action is brought against Defendants pursuant to the Law of the Commonwealth of Pennsylvania 8 P.S. sec. 191-202 and as permitted by the contract bonds (copies of said bonds are attached hereto market Exhibit "A" and incorporated herein by reference as if set forth at length). 2. Plaintiff is engaged in the business of custom fabricating and supplying pipe systems and other related items. 3. Defendant, Conewago Enterprises Inc. (hereinafter called "Contractor") is engaged in the construction business with it principal place of business as set forth above. 4. Defendant, Federal Insurance Company (hereinafter called Surety) is engaged in the insurance business which includes the furnishing of surety bonds with its address as above. 5. Contractor contracted with various general contractors for the general construction of the Waste Water Treatment Plant in East Pennsboro Township, Camp Hill, PA. 6. Under said bonds, contractor agreed to furnish materials for the project. 7. Contractor (as principal) and surety, on various dates as set forth in Exhibit "A" executed and furnished the various general contractor their joint and several contractor bonds for the protection of all persons supplying labor and/or material in connection with the performance of the work provided under the contractors contract with the East Pennsboro Township. 8. The bonds were accepted and work was undertaken by contractor. 9. Thereafter, Plaintiff supplied material in the form and manner as appears in Plaintiff's books of original entry, a true and correct of which are attached hereto marked Exhibit "B" and incorporated herein by reference as if set forth at length. 10. Plaintiff's prices were the fair, reasonable and market prices for the materials purchased above described. 11. All of the above described materials were order for, used and installed in and about the prosecution of the Waste Water Treatment Plant in East Pennsboro Township, Camp Hill project. 12. Contractor has not paid plaintiff for material supplied by plaintiff, nor has anyone else paid plaintiff, whereby there remains justly due and owing Plaintiff for material supplied under contractor's contract the sum of SIXTY-EIGHT THOUSAND FIVE HUNDRED THREE DOLLARS ($68,503.00) plus interest at the rate of 18% in the amount of TWELVE THOUSAND THREE HUNDRED THIRTY DOLLARS AND FIFTY- FOUR CENTS ($12,330.54). 13. Plaintiff has conformed and complied with all conditions relating to and required of it under the bond as well as applicable statues. 14. By the terms and conditions on the contractor's bond and under Pennsylvania Statutes (8 P.S. sec. 191-202) Plaintiff is entitled to bring this action at this time to recover from the Defendants the sum justly due and owing it. WHEREFORE, Plaintiff demands Judgment against Defendants in the sum of EIGHTY THOUSAND EIGHT HUNDRED THIRTY-THREE DOLLARS AND FIFTY- FOUR CENTS ($80,833.54) plus interest and court costs. E F EY ILSON, ESQUIRE Attorney f laintiff VERIFICATION Jeffrey S. Wilson, Esquire, who is attorney forthe Plaintiff, in the within pleading for purposes of expediency, the party being out of state, hereby verifies that the statements made in the foregoing attached Pleading are true and correct based on the information gathered by counsel in the course of this lawsuit with the understanding that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Attorney for Plaintiff DATE: October 31, 2012 DOCUMENT Ol)610 - PERFORMANCE BOND cond. No.: 82205844 1tNOW ALL MEN BY THESE PRESENTS, that we Conewsgo Enternrisea Inc. as Principal (the "Principal', and Federal Insurance Company , a cotporation organized and existing under laws of the state of Indiana , as Surety (The "Surety'?, are held and 8rrnly bound unto East Pennsboro Township, as Obligee (The "Obligee's as hereinafter set forth, in the full and just sum of nines Lundred fifty s x thousandLfive hundred and forty nine Dollars ($95b,549.00), lawful money of the United States of America, for the payment of which sum we bind ourselves, our hens, executors, administrators, successors and assigns, jointly and severally, fumly by these presents. WTINESSETH THAT: WHEREAS, the Principal heretofore has submitted to the Obligee a certain Bid, dated November 23, 201Q (The "Proposal`s to perform certain work for the Obligee, in connection with the Biogas Recovery and Cogeneration System Project Contract CHF-1-General Construction pursuant to plans, specifications, and other related documents constituting the contract documents which are incorporated into the Proposal by reference (the "Contract Documents', as prepared by Commonwealth Engineering & Technology, Inc., Registered Engineers; and WHEREAS, the Obligee, is a "contracting body" udder the provisions of Act 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1467, larown and cited as the "Public Works Contractors' Bond Law of 1967" (the 'Act's, and WIiEREAS, the Act, in Section 3(a), requires that, before an award shall be made to the Principal by the Obligee in accordance with the Proposal, the Principal shall furnish this Bond to the Obligee, with this Bond to become binding upon the award of a contract to the Principal by the Obligee in accordance with the proposal; and WHEREAS, it also is a condition of the Contract Documents that this bond shall be furnished by the Principal to the Obligee; and WHEREAS, under the Contract Documents, it is provided, inter slice, that if the Principal shall furnish this Bond to the Obligee, and if the Obligee shall make an awazd to the Principal in accordance with the Proposal, then the Principal and the Obligee shall enter into an Agreement with respect to performance of such work (the "Contract', and the form of which Agreement is set forth in the Contract Documents. NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if: (a) the Principal shall truly and faithfully coutply with and perform the Work in accordance with the Contract Documents, at the time and in the manner provided in the Agreement and in the Contract Documents, aced if the Principal shall satisfy all claims and demands incurred in or retated to the performance of the Contract PERFORMANCE BOND OOblO - i 0708.1 l00 ~~r by the Principal or growing out of the performance of the Contract by the Principal, and if the Principal steal{ vndemnify completely and shall save harmless the Obligee and all of its officers, agents and employees from any and all costs and damages which the Obligee and all of its officers, agents and employees may sustain or suffer by reason of the failure of the Principal to ~ so, and if the Principal shall reimburse completely and shall pay to the Obligee any and all costs and expenses which the Obligee and all of its officers, agents and employees may incur by reason of any such default or faihtre of the Principal; and tb) if the Principal shall remedy, without cost to the Obligee, all defects which may develop during the period of one (1) year from the date of completion by the Principal and acceptance of the Obligce of the work to be performed under the Contract in accordance with the Contract Documents, which defects, in the sole judgment of the Obligee or its legal successors in interest, shall be caused by or shall result from defective or inferior materials or worlananship, then this Bond shall be void; otherwise, this Bond shall 6e and shall remain in force and effect. This Bond is executed and delivered under usd subject to the Act to which reference hereby is made. The Principal and the Surety agree that any alterations, changes and/or additions to the Contract Documents, and/or alterations, changes and/or additions to the work to be preformed under the Contract in accordance with the Contract Documents, and/or any alterations. changes and/or additions to the Contract, and/or any giving by the Obligce of any extensions of time for the performance of the contract in accordance with the Contract Documents, and/or any act or forbearance of either the Principal or the Obligee toward the other with respect to the Contract Documents and the Contract, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents and by the Contract, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors aad assigns, from liability and obligations under this Bond; and the Surety, for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or seduction of retained percentage. If the Principal is a foreiga corporation (incorporated under any laws other than those of the Commonwealth of Pennsylvania) then further terms and conditions of this Bond are and shall be that the Principal or the Surety shall not be discharged from liability on this Bond, nor this Bond surrendered until such Prictcipal files with the Obligee a certificate from the Pennsylvania Department of Revenue, evidencing the payment in full of all bonus taxes, penalties and interest, and a certifcate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of Labor and Industry, evidencing the payment of atl employment compensation, contributions, penalties and interest due to Commonwealth of Pennsylvania from said Principal or any foreign corporation, subcontractor thereunder or for which liability has accrued but the time for payment has not arrived, al} in accordance with provisions of the Act of June t 0, 1947, P.L. 493, of the Commonwealth of Pennsylvania. 1N WTINESS WHEREOF, the Principal and the Surety cause this Bond to be signed, sealed and delivered this 9th dgy of December 2010 PERFOIiMAI~ICE t30ND ~ 006 ] 0 - 2 0708.1100 str: (Individual Priacipal) (SEAT.) (Signature of Individual) Witness' Trading and doing business as (Partnership Principal) (SEAL) Witness: (Name of Partnership) By' (Seal) (Partner) By' (Seal) (Partner) By: (Seal) (Partner) By: (seal) (Partner) (Corporation Principal) Conewago Enterprises, Inc. 660 Edgegrove Road, Hanover, PA 17331 Attest: (Name of Corpora ' n) ey (Ass' t Secretary) Exec. (Vice) P sident (race J. Bateau Q~¢ds-tirre M. 5nith or (if appropriate) (Name of Corporation) Witness PERFORMANCE 13ONIJ *By: (Authorized Representative) 00610 - 3 0708.1100 .G *Attaeh appropriate proof, dated as of the same date as of the Corporation. the Bond, evidencing authority to execute in beha{f (Corporation Surety} With or Attest: April 0. Compton, Witne s (CORPORATE SEAL) Federal Insurance Company 15 Mountain View Road, Warren, NJ 07059 (NamO Of COipOrat107I} ** Attorney-in-Fact Robert A. Chlada **Attach an appropriate power of attorney, dated as of the same as the Bond, e~+idenciJtg the authority of the Attorney-in-Fact to act in behalf of the Corporation. PERFORMANCE BOND 00610 - 4 0708.1100 con~~w,~~a OESIGN-f3!ltt0 GENERAL CONTRACTOR 660 Edgegrove Road, P.O. Box 407, Hanover PA 17331 Corporate Resolution Conewago Enterprises, Inc. On this 2151 day of Apri! 2010 the Board of Directors of Conewago Enterprises, Inc. by unanimous vote do hereby authorize Christine M. Smith as Executive Vice President to execute any and all Corporate documents relating to Bids and Contract Agreements submitted on behalf of Conewago Enterprises, lnc. as contractor. 1 attest to the Board's authorization and witness her signature as shown below. Signature: Christine M. Smith - Exe tive Vice President Attest: .,rL~LI_.. Gra J. Bahou - A istant Corporate Secretary Phone: (717( 632-7722 www.conewago.com Fax: (717) 632-8663 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vtgiiant Insurance Company 15 Mountain View Raad Surety ATTORNEY padtic Indfetrtnity Company Warren, NJ 07059 Know AN by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY a NeW Yak corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin co ation, tie each hereby constitute and appoint John W. t3oyer, Cynthia M. Charvat, Robert A. Chlada, April O. Compton and Joseph Pierson of Hunt Valley, Maryland----___..~_~~.________________..._.____.._w_~.._ _ _.M____M~_ ___.....,...~......_____.,.__.._.. each as their kue end lawful Alttuney- In• Fact b execute tinder such deslgnalbn In Iltek names and b afix Ihek corptxate seals Io and deliver for and on thek behalf as surety thereon or othervdsa, bonds and urtdaAakings and other wrHings obHgabry M the naWro thereof (other titan beH bonds) glean or exeeubd In the course of business, end any fnsiruments anwndbg or altering the same, ertd consents to the tnodgkstlon q atteratlon of any MsbtaneM rekrred b M sold bards or obllgadats. In Wttnasa Whereof, saki FEpERAL WSURANCE COMPANY, YIGSLANt INSWiANCE COMPANY, and PACIFIC If~EMNITY COMPANY have each executed and attested these prttsems and amxsd their corporate sears on this 8th day of February, 2010. ~ / t Kenneth C. , AsstsWtt vebry DavW s, J-., Vip Press f STATE OF NEW JERSEY ss. County of Sotnersel On btrs 8th day or February. 2010 before me, a Notary Public d NewJersey, psrsoneHy came Kanrreth C. Wendel, to me known to be Aselat8nt Secretary of FEDER/1L HVSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the sskJ Kenneth G. Wartdal, balrq W me dory swum, did depose and say that ha Is Assistant Seerotary of FEDERAL INSURANCE COMPANY, VIGH.ANT INSURANCE COMPANY, and PACIFIC MDEMNrTY COMIPAMf end knouts the tx~rporate scab thereof, that the seals affixed to the bregoing Power of AMomey are such corporate coals and were Ihereb affixed by suthoratr of tits fay Laws d said Contpsnks; end that M signed sold Power of Atlomey ae Assistant Secretary d saki Campariks by Hke authoAy; and tlrat he Is aoquaMtsd with Davkf 6. Norris, Jr„ and knows him to be Vice Prosklent d said Campanles; and that the signature of DavW B. Norrs, Jr., eubsalbed to said Power d Atbmey b M the genuine MefWwrHing d Devld B. Norris, Jr., end was thereto subscribed by authority of said By Laws and in deponenl'a presence. Notarial scot KATHERINE 1. Api:LMR `'\ N4URY bBtlC O~ EvyJERSEI' J, ~~ ~~r~G` `r~4gy Commission t:xprres July i6, X014 /W/ ? A~ ~ Notary Public n '~~ CEATIF{CATION Extract from the 8Y- laws of FEDERAL INSURANCE COMPANY, VIQILAN7 WSURANCE COMPAhiY, and PACIFlC INDEMNITY COMPANY: "AA powers of attorney for end on behaH d Iha ComPanY may and shell be executed In the name end an behetl o1 the Company, either by the Chairman or the President or a Vice f>reatdent w an AsslslaM Vice PresldaM, Idntry with the Secretary a an AssVSbM 5ecrelary, trtder Ihek respecdve designatkx>s. The signature d such otflcero may bs erg-aved, printed m Ntltographed, Tha signature d each of the IoHowrng otNcero: Chairmen, PresldenL any Vice President, any AsslstsM Vlca President, any Secretary, any AsslsteM Secretary end the seal of Itte Company may be afllxed by tacslmlle to airy power d attorney or to any cerUNcats relatktg thereto appointing Asskbnt St-cretariss a Attorneys- M• Fact br purposes only d exeeutlrig and atleating bonds and undanakings and other writings obligaWry in the naeas tharsd, and any such power of attorney or ceroarxte Waring such tacslm9e slgrtablae or facstmHe seal shall be valid and binding upon the Comparry and any such power >so executed and cettHied by such facsimile signature and fawlmtte seal shag be valid and binding upon the Company with respect to any twrtd or undeAeking to which H Is attached' I, Kenneth C. Wendel, AsshlaM Secretary of FEDERAL INSURANCE COMPANY, VI(31l,ANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certtty that (t) Ihs Ioregoing extract of the By- Laws of the Compentos Is True end correct. ilq the Companies era duly Ileenaed and auMtorized b transact sur~tylwalness In all 50 d the Unked States d Amerka and the Oistrtet of Corumble end ere auMorized M the U.S. 7reactry Depanrrtertl;ltrAher, Federal end Vlgrenl are Ikeltsad M Puerto Rico and the U.S. Ylrgin Islands, and Federal Is Ncensed in Amerkan Samoa, e3uam, and each of the Provinces d Canads except PAnoa Edward tsNurd; and (III) the foregoing Power d Attorney h true, eorract and fn fuH face and eRacl. Given under my hand and Beals d said Companies at Warren, NJ this December 9, 2010 7r, v~ • • j Kenneth C. Wendel, slstant Secretary tN THE EVEiJT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908} 903- 3493 Fax (908) 903- 3656 e-mail; surety®chubb.trom Form 15-tp 0225t3- U (Ed. 5.03) CONSENT '~ ~ k r " .. 1lOCUMENT 00620 -PAYMENT BOND bond No.: e2zo58~«~. KNOW ALL MEN BY THESE PRESENTS, that we, Conewaeo Ettterorises. Inc aS Principal, (the "Principe!"~, and Federal Insurance Company a corporation organized and existing under taws of the stare o£ Indiana of as Surety (the "Surety', are held and firmly bound unto East Penesboro Township, as Obligee (the "Obligee', as hereinafter set forth, in the full and just sum of trine hundred fifty sits thousand flue hundred and forty nine Dollars (~9 9 00 ,lawful money of the United States of America, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WITNESSETH THAT: WI~RF,AS, We Prinapal heretofore has submitted to the obligee a certain Bid, dated November Z3. ZOlO {the "Propos»l'~ to perform certain work for the Obiigoe. in connection with the Biogas Recovery and Cogeneration System Project-Contract CHP I-General Constraction pursuant to plans, specifications, and other related documents, which are incorporated into the Proposal by reference (the "Contract Documents', as prepared by Commonwealth Eatgineering &. Technology, Inc., Registered Engineers; and WIIEREAS, the Obligee is a "contracting body" under provisions of Act No. 38S of the General Assembly of the Coaunoawealth of Pennsylvania, approved by the Governor on December 20, 1967, known as and cited as the "Public Works Contractors'Bond Law ojl96T" ("Aet'~; and WHEREAS, the Act, in Section 3 (a), recryeres that, before an award shall be made to the Principal by the Obligee in acxordance with the Proposal, the Principal shall furnish this Bond to the Obligee, with this Bond to become binding upon the award of a cantrad to the Principal by the Obligee in accordance with the Proposal; and 11/HF.REAS, u also is a condition of the Contract Documents that this Bond shall be fiubished by the Principal to the Obligee; and WHEREAS, wader the Contract Documents, it is provided, inter aGa, that if the Principal shall furnish this Bond to We Obligee, and if the Obligee shall make an awazd to the Principal in accordance with the Proposal, then the Principal and the Obligee shall enter into an Agreement with respect to performance of such work (tbe "Agreenrent'~, and the form of which Agreement is set forth in the Contract Documents. NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if the Principal and any Subcontractor of the Principal W whom any portion of the work under the Agreement shall be subcontracted, and if all assignees of the Principal and of any such subcontractor, promptly shall pay or shall cause to be paid, in full, all money which may be due any clainumt supplying labor or materials in the prosecution and performance of the work in accordance with the Contract and in accordance with the PAYMENT 130ND 00620 - Z ' 0708.1100 Contract Documents, including any amendment, extension or addition to the Agreement and/or to the Contract Documents, for taterial furnished or labor supplied or labor performed, then this Bond shall be void; otherwise, this Bond shat! be and shall remain in Solt force and effect. This Bond, as provided by the Act, shall be solely for the protection of claimants supplying labor or materials to the Principal onto any subcontractor of the Principal in the prosecution of the work covered by the Agreement, including any amendment, extension or addition to the Agreement. The term "claimant", when used herein and as required by the Act, shall mean any individual, firm, partnership, association or corporation. The phrase "labor or »wtenals", when used herein and as required by the Act, shall include public utility services and tEasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the work covered by the Agreement. As required by the Act, the provisions of this Bond shall be applicable whether or not the material furnished or labor or labor performed enters into and becomes a component part of the public building, public work or public improvement contemplated by the Contract Documents and the Agreement. As provided and required by the Act, the Principal and the Surety agree that any claimant, who has performed labor or furnished materials in the prosecution of the work in accordance with the Agreement and in accordance with the Contract Documents, inehrding any amendment, extension or addition to the Agreement and/or to the Contract Documents, and who has not bees paid therefore, in full, before the expiration of ninety (~) days after the day on which such claimant performed the last of such labor or famished the last of such materials for which payment is claimed, may institute an action upon this Bead, in the name of the claimant, in assumpsit, to recover any amount due the claimant for such labor or material, and may prosecute such action to final judgment and may have execution upon the judgment; provided, however, that: (a) any claimant who has a direct contractual relationship with any subcontractor of the Principal, but has no contractual relationship, express or implied, with the Principal, may institute an action upon this Bond only if such claimant fast shall have given written notice, served in the mariner provided in the Act, to the Principal within ninety (90) days from the date upon which such claimant performed the last of the labor or famished the last of the materials for which payment is claimed, stating, with substantial accuracy, the amount claimed and the name of the person for whom the work was performed or to whom the material was supplied; aril (b) no action upon this Bond shall be commenced after the expiration of one (1) year from the day upon which the last of the tabor was performed or material was supplied, for the payment of which such action is instituted by the claimant; and (c) every action upon this Bond shall be instituted either in the appropriate court of the County where the Contract is to be perforred or of such other County as Pennsylvania statutes shall provide, or in the Uurted States district court for the district in which the project, to wtrich the Contract relates, is situated, and'not elsewhere. made. This Bond is executed and delivered under and subject to the Act, to which reference hereby is The Principal and Surety agree that any alterations, changes and/or additions to the Contract Documents, and/or any alterations, changes and/or additions to the Work to be performed under the Agreement in accordance with the Contract Documents, and/or any alterations, changes and/or additions to the Agreement, and/or any giving by the Obligee of any extensions of time for the performance of the Agrcement in accordance with the Contract Documents, and/or any act of forbearance of either the Principal or the Obligee toward the other with respect to the Contract Documents and the Agreement, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents and by the Agreement, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this Bond, and the surety, for value received, does waive notice of any such alterations, changes, additions, extensions of time, act of forbearance and/or reduction of retained percentages. PAYMENT BOND 00520 - 2 0708.1100 if the Principal is a foreign corporation (incorporated under aay laws other than those of the Commonwealth of Pennsylvania) then further terms and conditions of this Bond are and shall be that the Pri~ipal or the Surety shall not be discharged from liability on this Bond, nor this Bond surrendered until such Principal files with the Obligce a certificate from the Pennsylvania Department of Revcnuc, evidencing the payment in full of all bonus taxes, penalties and interest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of labor and Industry, evidencing the payment of all urremployment compensation, contributions, penalties and interest due the Commonwealth of Pennsylvania from said Principal or any foreign corporation, subcontractor thereunder or for which liability has accrued but the time for payment has not arrived, all in accordance with the provisions of the Act of Lune it), 1947, P.L. 493 of tht Commonwealth of Pennsylvania. PAYMENT BOND 00620 - 3 0108.1100 ~~~ ~ IIV WITNESS WHEREOF, the Principal and the Surety cause this Bond to be signed, sealed and delivered this 9th day of December 2010 (Individual Principal) (SEAL) (Signature of Individual) Witness: Witness: Trading and doing business as (Partnership Principal) (SEAL) (Name of Partnership) By: (seal) (Partner) By: -(Seal) (Partner) By' (Seal) (Partner) By' ,(Seal) (Partner) Pnvl~rEt~rr soND 00620 - 4 0708.1]00 '°'S (Corporation Prin¢ipat) Conewago Enterprises, Inc. 660 Edgegrove Road, Hanover, PA 17331 (Name of Corporation) Attest: ,,.p ` }, r~ By: r /~, (As t Secretary) Exec. (Vice),President Grace J. EiaFrou (7~¢~istitte M. Srrtiti~i or (if app~ooriatcl (Name of Corporation) Witness *By. (Authorized Rcpresentative) *Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to cxecute in behalf of the Corporation. (Corporation Surety) Federal Insurance Company 15 Mountain View Road, Warren, NJ 07059 (Name of Corporation) Wi a or Attest: ** B . Apri 0. Compton, Witness Attorney-in-Fact Robert A. Chlada (CORPORATE SEAL) **Attach an appropriate power of attorney, dated as of the samc as the Bond, evidencing the authority of the Attorncy-in-Fact to act in bchatf of the Corporation. PAYMENT BOND 00620 - S 0708.1 I00 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 aNUNSs Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, d0 each hereby constitute and appoint John W. Boyer, Cynthia M. Charvat, Robert A. Chlada, April O. Compton and Joseph Pierson of Hunt Valley, Maryland- .----..._...._..,..._...._.....__...__......._........___ ...............~___._._________~_________._..._.~...._. each as their true end lawful Attorney- In- Feet b execrrN under 9udt deslpAation In tltelr names and b alllx their corporate heals to and deliver for and on their behalf as surely thereon or othervASa, borWs end underlakfngs end otlrer wridrrga oDHgetory M tiro hehrre thereof (other than baN bonds) gNen or erwcutsd M the course of business, and any InaWmenls amending or altering the same, erW consents to the rrrodlflcaHon or altaratkxr of any arsirument starred to In Bald bonds or obagallons. fn Witnear Whereof, said FEDERAL INSURANCE COMPANY, Vltill.ANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presanLS end affixed their corporate seals on this 8th day of February, 2010. .\ i / Kermeth C. W , Assistant tary David , Jr., Vice Presi~9n STATE OF NEW JERSEY ss. County of Somerset On this 8th day d Febn,lary, 2010 helots ma, a Notary PutrUc of NewJaraey, personally came Kenneth C. Wendel, to me knovm to ba Assistant Secretary d FEDERAL HVSURANCE COMPANY, VIGILANT HVSURANCE COMPANY, erW PACIFIC INDEMNIT/ COMPANY, the compaMes which executed the toregdng Power of Attorney, and the Bald Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary d FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACiFiC rtJOENWITY COMPANY end knows the corporate seals Ihareol, that the seals alllxed to Iha loregoing Power d ANOrney are such eorporela Beals and wan thereto alRxed by aut-+ority of the By- Laves of said Companies; and that ha signed said Power of AUomey as Assistant Seuetary of said CompeNes by INre authority; and Drat Ira k ecquaM>ted with David B. Mortis, Jr., and knows him b ba Vice President of said Companies; arW that the signature of Davltl B. NoMS, Jr., subscribed 10 BaW Power of Atbmay LS M the genWns handvKHkrg of David B. Norris, Jr., and was (hereto wbawlbed by audwrlty o1 said By Laws and In deponent's pesenea. Nutar(at Sam KATHERINE J. ADEIAAR •\ NOTARY PUHI.K OF NEW JERSEY ~~ ~~'' No 2318895 ~, ~~~ ~~l/f~"L~ a Y Oornmieaion Exprne: July 1 b, 2014 PUBLIC Notary Public ~~ cERnFtcATtoN Extract Irom the By- Lawns d FEDERAL NVSUAANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMWTY COMPANY: "All powers of attorney for and on behalf of the Company may and shell be executed In the name end on behaH of fhb Company, eldrer' by Uw Chairmen or the President or a Vke President or an Assklant Vka President, ~ndY wNh the Secretary a en Assistant Secretary, unWr thek respscdve dsaiprradons. The signature of such dtkere may bs engraved, printed or Nlhographod. The signature d eeoh of the kNbwing gHkers: Chairman, President, srvy Ykx President, any Assistant Vke PresMeM, any Secretary, arty AsaNtaM Secretary and Hie seal d the Comperry may be eflixed by facalmlle to any power of attorney or to any certll~ale relating thereto appdntlng ASSWant 5eueterlas or Atbnwys• In• Fact for purposes or>4y of exetuHnq end atlasling bonds end urrdeRekings and other wrlti~c obtfgaiory M the nature (hared, and any such power of atWrrray or certNkate bearing such facsknHe slgnaturo or lacakrdle seal shell be vaUd and binding upon Hra Company atxt arty such power 5o exegdad and ceNlied by such tawimMe stgneturo and taeelmNa seal shall be valid and binding upon the Company with respect to any bond or undertaking ro wldch It fa attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSUAANCE COMPANY, VIGIIJW'T INSURANCE COMPANY, and PACIFIC INDEMNITY IAMPANY (the "Companies' do hereby tartly that (i) the loregdrrg axtrad d ~e By Laws of the Companies is true and coned, (Il) the CompsMOe are duly 1lcensrM and sulhorized to transact aunty business In all 50 of Hte United States of Amedea and Iha District of Columbia end ate autiwrized by the U.5. Treasury DeparUnanh IuAtrer, Federal and VlgNant are Licensed In Puerto Rico and Iha U.S. Virgin Islands, and Federal Is licensed In Amedoan Samoa. Guam, and each d rtes Provincec of Canada except Prince Edwmrd Island; end (It1) the foregolrrg Power of Attorney Is pus, corned and In lull force and effect. Given under my hand and seals of saki Companies at Warren, NJ Ihls December 9, 2010 ~~~ t °wr, ~ • ~j r grgAMr• e'trrrvWp"e Kenneth C. Wends , sistanl Secretary 1N THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY 'THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT AODFiESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (9D8) 903.3856 e-maH: sure 91?t~tubb.com Form 15-10- 02258- U (Ed. 5.03) CONSENT b'« ~ C ~'~ Ai. DOCUMENT 00620 -PAYMENT BAND Hond No.: 82205844 KNOW ALL MEN BY THESE PRESENTS, that we, trOneVraQO Euteroriaes. lac a5 Principal, (the "Principal"~, and Federal Insurance Company a corporation organized and existing under laws of the stare of Tridiana of as Surety (the "Surety', are held and firmly bound unto East Peoasboro Township, as Obligee (the "t761igee'~, as hereinafter set forth, in the full and just sum of nine hundred fifty si= thousand. f ve hundred and forty nine Dollars (S9 9 00 ,lawful money of the United States of America, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally. firmly by these presents. WTTNESSETH THAT: WHEREAS, the Principal heretofore has submitted to the obligee a certain Bid, dated November 23. 2010 (the "Pmposwl'~ to pet£orm cxrtain work for the Obligee, in connection with the Biogas Recovery and Cogeneration System Project-Contract CHP•1-General Construction pursuant to plans, specifications, and other related documents, which are incorporated into tbe Proposal by reference (the "Contract Docwnetrts'~, as prepared by Commonwealth Engineering & Technology, Inc., Registered Engiureers; and WHEREAS, the Obligee is a "contracting body" under provisions of Act No. 385 of the General Assembly of the Comonoawealth of Pennsylvania, approved by the Governor on December 20, 1967, known as and cited as the "Public Works Contractors'Bond Law oj1967" ("rlct'~; snd tiVNEREAS, the Act, in Section 3 (a), requires that, before an award shall be made to the Principal by the Obligee in accordance with the Proposal, the Principal sball furnish this Bond to the Obligee, with this Bond to become binding upon the award of a contract to tbe Principal by the Obligee in accordance with the Proposal; and WHEEREAS, u also is a condition of the Contract Documents that this Bond shall be furnished by the Principal to the Obligee; and WI~REAS, under the Contract Documents, it is provided, inter olio, that if the Principal shall famish this Bond to the Obligee, and if the Obligee shall make an award to the Principal in accordance with the Proposal, then the Principal and the Obligee shall enter into an Agreement with respect to performance of such work (the "Agreement', and the form of which Agreement is set forth in the Contract Documents. NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if the Principal and any Subcontractor of the Principal to whom nay portion of the work under the Agreement shall be subcontracted, and if all assignees of the Principal and of any such subcontractor, promptly shall pay or shall cause to be paid, in full, all money which may be due any claimant supplying labor ar materials in the prosecution and performance of the work in accordance with the Contract and in accordance with the PAYMENT $OIdD 00620 - 1 ' 0708.1100 Contract Documents, includi»g any amendment, extension or addition to the Agreement and/or to the Contract Documents, for material furnished or labor supplied or labor performed, then this Bond shall be void; otherwise, this Bond shall be and shall remain in ful! force and effect. This Bond, as provided by the Act, shall be solely for the protection of claimants supplying labor or materials to the Principal onto any subcontractor of the Principe{ in the prosecution of the work covered by the Agreement, including any amendment, extension or addition to the Agreement. The term "claimant", when used herein and as required by the Act, shall trtean any individual, firm, partnership, association or corporation. The phrase "labor or »ur/enals", when used herein and as required by the Act, shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the work covered by the Agreement. As t~equired by the Act, the provisions of this Bond shall be applicable whether or not the material furnished or labor or labor performed enters into and becomes a component part of the public building, public work or public improvement contemplated by the Contract Documents and the Agreement. As provided and required by the Act, the Principal and the Surety agree that any claimant, who has performed labor or furnished materials in the prosecution of the work in accordance with the Agreement and in accordance with the Contract Docurttettts, including any amendment, extension or addition to the Agreement and/or to the Contract Documents, and who has not been paid therefore, in full, before the expiration of ninety (90) days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which payment is claimed, may institute an action upon this Bond, in the name of the claimant, in assumpsit, to recover any atzrotmt due the claimant for such labor or material, and may prosecute such notion to final judgment and may have execution upon the judgment; provided, however, that: (a) any claimant who has a direct contractua! relationship with aoy subcontractor of the Principal, but has no contractual relationship, express or implied, with the Principal, may institute an action upon this Bond only if such claimant fast shall have given written notice, served in the manner provided in the Act, to the Principal within ninety (9t1) days from the date upon which such claimant performed the last of the labor or famished the last of the materials for which payment is claimed, stating, with substantial accuracy, the amount claimed and the Warne of the person for wham the work was performed or to whom the material was supplied; and (b) no action upon this Bond shall be commenced after the expiration of one (1) year from the day upon which the last of the labor was performed or material was supplied, for the payment of which such action is instituted by the claimant; and (c) every action upon this Bond shall be instituted either in the appropriate court of the County where the Contract is to be performed or of such other County as Pennsylvania statutes shall pmvide, or in the United States district court for the district in which the project, to which the Contract relates, is situated, and'not elsewhere. This Bond is executed and delivered under and subject to the Act, to which reference hereby is made. The Principal and Surety agree that any alterations, changes and/or additions to the Contract Documents, andlor any alterations, changes and/or additions to the Work to be performed under the Agreement in accordance with the Contract Documents, and/or any alterations, changes and/or additions to the Agreement, and/or any giving by the Obligee of any extensions of time for the performance of the Agrcement in accordance with the Contact Documents, and/or any act of forbearance of either the Principal or the Obligee toward the .other with respect to the Contract Documents and the Agreement, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents and by the Agreement, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this Bond, and the surety, for value received, does waive notice of any such alterations, changes, additions, extensions of time, act of forbearance and/or reduction of retained percentages. PAYME1~rT BOND D0620 - 2 0708.1100 if the Principal is a foreign corporation (incorporated under any laws other than those of the Commonwealth of Pennsylvania) then further terms and conditions of this Bond are and shall be that the Principal or the Surtty shall not be discharged from liability oa this Bond, nor this Bond surrendered until such Principal files with the Obligee a certificate from the Pennsylvania Department of Revenue, evidencing the payment in full of all bonus taxes, penalties andsnterest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of Labor and Industry, evidencing the payment of al! unemployment compensation, contributions, penalties and interest due the Commonwealth of Pennsylvania from said Principal or any foreign corporation, subcontractor thereunder or for which liability has accrued but the time for payment has Trot arrived, all in accordance with the provisions of the Act of June 10, 1947, P.I.. 493 of the Commonwealth of Pennsylvania. PAYMENT BOND 00620 - 3 0708.1100 ~~ ~ ~" '~ ".~,~% r e. 7 z :b IN WITNESS WHEREOF, the Principal and the Surety cause this Bond to be signed, sealed and delivered this 9th day of December 2010 (Individual principal (Si (SEAL) gnature of Individual) Witness: Trading and doing business as (Partnership Principal) (SEAL) Witness: (Name of Partnership) Bey: (Seal) (Partner) sy: (Seal) (Partner) Iiy: (Seal) (Partner) By' (Seal) (Partner) PAYMENT BOND 00620 - 4 o~oa. ~ ioo :, . ~~ ~~~ ;:~. (Corporation Principal} ConeWago Enterprises, Inc. 6b0 Edgegrove Road, Hanover, PA 17332 Attest (Name of Corporation) • ;. :' ~~ r By: (As nt Secretary) Exec. (Vice),President lace J. E3aFtou (~istine M. Snit;f`i or (if a~ps,,opriatc) (Name of Corporation) Witness *$y. (Authorized Representative) *Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute in behalf of the Corporation. (Corporation Surety) Federa4 Insurance Company 15 Mountain View Road, Warren, NJ 07059 _ (Name of Corporation) Wi or Attest: ** B . Apri 0. Compton, Witness Attorney-in-Fact Robert A. Chlada (CORPORA'TE SEAL) * *Attach an appropriate power of attorney, dated as of the same as the Bond, evidencing the authority of the Attorney-irr-Fact to act in behalf of the Corporation. PAYMENT' BOND 00620 - 5 0708.1 t 00 F ~ Y f 1 e -~ ~ ~, ~f ~ E p 7. .. '.. CC~NEWAG DESIGN-B11tLD GEfYERAL CONTRACTOR 660 Edgegrove Road, AO. eox 407, Hanover, PA 17331 Corporate Resolution Conewago Enterprises, Inc. On this 21s` day of April 2010 the Board of Directors of Conewago Enterprises, Inc. by unanimous vote do hereby authorize Christine M. Smith as Executive Vice President to execute any and all Corporate documents relating to Bids and Contract Agreements submitted on behalf of Conewago Enterprises. Inc. as contractor. I attest to the Board's authorization and witness her signature as shown below. Signature: Christine M. Smith - Exe 've Vice President Attest: Gra J. Bahou - A istant Corporate Secretary Phone: (717 632.7722 unNw conewago.com Fax: (717) b32-8665 ~.~ ~ ~ ~ px e ~ f ~ ~. Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 CFNlJBO Know All by Thew Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIG{LANT INSURANCE COMPANY a New York corporation, and PACIFIG INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and ~a Dint John W. Boyer, Cynthia M. Charvat, Robert A. Chiada, April O. Compton and Joseph Pierson of Hunt Valley, Maryland-------_.__----..-..~____.-~.__.~ ................_._....__...._ --------------------~.~~...._. each es Ihelr true and lavdul Agomey in- Fact fo execuN under such deslgnaUon h thek nsmea and b allix tltek corporate seals to and deilve- tar and on Ihek behalf as surety Thereon m otherwise, bonds and undertekinga end other wrldr-gs obUgatory kt the nature d+sreol (other than baN bonds) gWen a executed M Ilw course of business, end any Instruments emending a alteretg the same, and consents to the modlflrsllon a altMatlon d arty Instrument referred m rn seW bonds or d~ligations. In WNneee Whereol, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and eHesled These presents end affixed their corporate seals on this 8th day d February, 2010. .\ ~ ~ ~ Kenneth C. W ,Assistant tery Davkf , Jr., Vice Presi~n ~ STATE OF NEW JERSEY Count' d Somerset ~' On this 8th day d February, 2010 before me, a Notary Publk of New Jeresy, persorudly came Kenneth C. WendN, b me knovm to Oe Assistant Secretary d FEDERAL WSURANCE COMPANY, VIG0.ANT WSURANCE COMPANY, end PAGFIC INDEMNITY COMPANY, lhs companies which executed the kxegdrg Power of Attorney, and the seM Kenneth C, Wendel, being by me dWy sworn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, end PACF~ MOEANdrrY COMPANY and knows the corporate seals thereof, that the seals affixed to the Iorogoing Power of AtlOmey are such uuporare Beals and ware thereto atllxed by eudtorfly oA the By laws of said Companies; and That he srgrwd seW Power of AUomey as Assistant Seuetary of said Comperdes Dy like authority; anti that tre Is acquaMWd with David B. Norris, Jr., and knows him to be Vke President of said Companies; and that the signature of David a. Norris, Jr., aubscnbad b said Power of Atbrney B In the genWne harWwrllkrg d Oevld B. Norris, Jr., and was thereto wbaulbed by authority o1 said By- laws and in depwtent's presence. Notar(N Seol KATHERINE J. ADELAAR NOTARY PUBLIC Of NHNlERSEY /~ No 2316685 /~'' ~~ //~ ~~~`- ~ ~9y Commission Expiros July 1 b, 2014 w 99~~"" 1 ~,~ ~Z~ Notary Public ~~ CERTIFICATK)N Extract Iran the By Laws of FEDERAL INSURANCE COMPANY, VIOIUWT INSURANCE COMPANY, end PACIFIC IPIDEMNITY WMPANY: "All powers of attorney for and on behalf of the Com~rry may end shell be executed In the name and on behaU d the Company, either W the Chairman or the President ar a Vke Preskfeni a an Assklant Vke President, Jointly wNh the Seerolsry or sn Assistant Sscrotery, under Ihek respeclWe dsalgnatlons. The signaturo of such dfloere may ba engraved, prfnled or Ntlrographed. The signature d eaoh of the foNowing oUlcsrx Chairmen, Prasbent, art' Vice Proaldent, any Assistant Vke ProsldeM, any Secretary, arty Assistant Secretory and the seal d the Contpsrty may be eflixed by facalmlle to any power of atromey a to any certificate relatlng thereto appolnUng Assistant 5eerelaries a Atlarnays• In• Fact Tor purposes only of sxewUng end aftssling borxfs and undertakings and other wrhk,gs oMigebry M the naluro Iheraol, and any such power of atbmey or ceRNksta bearing such fecslmNe signaturo a lacsknfla seal shag be valid and binding upon Iha Comparry and arty such power S0 exeeWed end ceNUed by such IacaMnNe signaturo and IaesimUe seal shell be valid and binding upon the Company with respect to any bond or undertaking to wttkh h k attached" 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIOIIANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY Ohe "Companles'~ do hereby ceNfythat (i) the loregdng extract of the By-Laws of the Companes la true and wrrecT, (U) the Campanks are duly licensed and aWhorized W transact surety business In all 50 of the United States of Amedce end the District of Cdumbia and are aulhortzed by Ure U.S. Treasury Deparlrttent: lurlher, Federal end VlgNant are Ikansed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each d the Provinces of Canada except Prince Edward Island; and (UI) the foregoing Power d Attorney Is Ave, corral and In hdl force and otlect. Gwen under my hand end seals of said Companies et Warren, NJ Ihls December 9, 2010 _ ~A~ e~a ~ s~ -~- ~ d•W ~~ ~ f • 4Vp,A,M • 'krly V01~" Kenneth C. Wanda , slstant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903.3656 e-mail: sure Mchubb.com Form 15-10- 02258- U (Ed. S 03) CONSFaYT R~, .. r ~ ' ~~ INDUS TRIAL FABRICAIZQN CO. .LN'C. P.O. 80~: 7D9 14124 - 339th Ava. 9E. Sultan, WA 9$294 (360) 793-90D2 Fax (360) 793-18$0 East Pennsboro Project Digestive Gas Treatment System Contract with Applied Filter Technology Billing and Payment Sunnmary Total Project Price $117,503.00 Invoice 6126 ?/27/1 1 {$47,000.00) Received Payment -$47,000.00 Invoice 6230 11!11/12 ($S8,7S0.00) Received .Partial Payment -$2 000.00 Invoice 6241 11,118/12 {$11,753.00) Balance Owing $68,503.04 Contacts for Industrial Fabxication Co. Bab Bowles Bob@indfabco.com President Cheryl Le~x~is Cheryl@indfabco.com Accounting Y r •-0 / ~ ~~ .~.___. ~ INDUSTRIAL FABRICATION CO., INC. P.O. Box 709. 14124 - 339th Ave. SE. • Sultan, WA 98294 (360}793-9001 =Fax (3b0}793-1880 www.indfabco.com Invoice Invoice Number: 6126 Invoice Date: 712712fl 11 Page 1 PLEASE REMIT TO: INDUSTRIAL FABRtCAT10N Cc~., INC. P.O. Box 709 Suiian, WA 98294 - ~•; fi _ ,' ,~ Job Description ~~ ,ApPhed~,Filters~Tech,~lology, Inct;~.. y ~~ 19201 ~12Qth;AvNE~`S#e 104 :, `" East Pennsbaro Pro ect ''~w, Bothe+l,4 WAr 980,~,1~ 'r, :} J Customer I D Customer PO Job # Pa ment Terms APP6fl21 201 ~-1268 5403 Net 30 Days Payment Due far. Tota! Project Pr1ce is $ 117,503.00 Approval East Pennsboro Project Digestive Gas Treatment System Material Procurement (40% Per Contract ~ 'l - ;`~ `-,/~~ •~ r R r l r r ~~ t l ,~ ', i. Y ~~~ ~Y _ ~~ .. il ''~ :~ ~r :.J ~ :,/ Invoice Amount Invoice Total W~IT>~- CUSTOMER COPY $47,000.00 YELLOW - gCCOUNTENG COPY PINK - PROJECT MANAGER COPY z, .7Y ~'~ ., s s.~ ~. ~ ~ ,. ~_-. ' ~ PLEASE REMIT TO: Invoice INOUS7rilAL FAf3RiCATfaN Go., INC. invoice Number: P.O. Bax 709 6230 INDUSTRIAL .I{'ABRICATION CO.~ INC. SUltan, WA 98294 Jnvaice Date: P.O. Box 709 • I4124 - 334th Ave. SE. • Sultan, WA 98294 ~;~ ~/~ 1/201 ~ (360) 793-9001 Fax 1360) 793-1850 Page ') www.indfabco.com ` `Soid`To ,, - Job Description t .Applied ~ilterTechnnlogy,:,jnc ~: 1 '1920') 120th Ave NE,'~Sfe 1:04 : , ~ East Pennsboro Project '.Bothell, ~Vi/A- '98011 :., . . Customer ID Customer PO Job # Pa ment Terms APP6021 2011-1269 5403 Net 30 bays ~~ Payment Due for: East Pennsl~oro Project Digestive Gas Treatment System Total Project Price Is $147,503.00 Previously Billed Material Procurement Per Contract Current Billing Completed -Ship 0 Per Contract Balance of contract to °~l ~ ~~ $47,o0Q~00 i ,~ ~, ~ ~ .t ~n 1 4 , ~ 0 j 1 .~~ r °/a~,, .~ ~ i ~, • ~ , i3d';tpon elivery•to joki site. Approval ~~M~eu~ r-G.~~~ 3 ~Z- ~ ~ ~'t.- ~-'`'' ~`bz..i Invoice Amount Invoice Total $58, 750.00 Z ca O O. C7 C? WHITE- CUSTOMER COPY YELLOW -ACCOUNTING COPY PINK -PROJECT MANAGER COPY .a x .., IND(JSTRIAL-FABRICATION CO., INC. P.O. Box 709 ~ 14124 - 339th Ave. SE, • Sultan, WA 98294 (360) 793-9001 Fax (360) 793-1880 w~ww.indfabco.cam PLEASE REMIT TO: ~l7V©1Gt; INDUSTRIAL 1=ABHICAT{oN Co., ~hlC, invoice Number: P.O. Box 709 6241 Sultan, WA 98294 Invoice Date: 11/18/2011 Page 1 ~ c T "• -~ f ~ ~~ ~ t . ' '~ Sald.To ~` ' ~~x'` ~ •~;~' ~w~ •~ Job Description s ;~ !°!PAl1ed; FJ~texr.,.;Tec~nology ' , . .,~ ~ ~i1C T ~ 9~0~1~120th Ave fJE,S'te 104` .I '' Botheli,~:;ll11~?~.9$Q11 ' ;.. °, " ~~, '~ ~ ~ ~"~ East Pennsboro Project ... . .. ... tl .:6 .,... ...,.... ~.... ._ ~. ..Ct .. .., Customer I D Gustomer PO Job # Pa ment Terms APP6a21 zai 1-1z6s 5403 Net 45 Days Payment Due for: . East Pennsboro Project Digestive Gas Treatment System Total Project Price is $117,503.00 Previously Billed Material Procurement 40 J~, ~-•: , ~. ~ ~ .. ~ . - ~ . ` . Per Contract ~,~ . ' ` •, { +'~ :j Completed -Ship Out ?';.' ~ : ~ ~g0%). .. x 5 - :~ :~ : . ; ,. Per ~• ,;. Contract s .. F ~ . .$ 8 ,750.00 M , .., • r:~ ~ .. .. Current Billing ,. ~~ : ~ L ~~`" . ,,f Final Billing ~' , ~ ;;' 10% After DeUvery;tio Job Site , ~~ ` _ Approval WHITE- CUSTOMER COPY invoice Amount Invoice Total $11,753.00 $11,753.00 X11,753.00 YELLOW -ACCOUNTING COPY PINK -PROJECT MANAGER COPY i ~~ ~,. '~ ~ ? r Applied Filter Techno(o~y 19201 120th Ave. N.E., Ste: 104 Bothell, WA 9801 S (425) 482-AFTI (1.384) P~r~h~se C~r~~r 7/15/2011 ~ 2011-1269 ~ y„ !~.' East Pennsboro ~~ Fast Pen~boro Township 21 East Dulles Drive Camp Ftill, PA 17011 ..~b 3 SA:.: 4 . Per Contract T8D ~ Sultan, WA TBD SAGPACK DI... 1 1 each Fabricatioh of a Digestive Gas Treatment System 117,S03.D0 117,503.00 industrial Fabrication would supply the following: Item 1)(38) (30455) Pipe Spools Item 2){20) (CS) UnisUut Pipe Support (Painted) Item 3)(Z} {30455} 18" ?SAG V~ls Item 4y{1) (CS) SAG Platform ~ ladder (Painted} item 5)(1) (30455) 78" ?Iron Sponge Vessel tYem 6)(1) (CS) Iron Sponge Vessel Platform & Ladder (Painted) Item 7}(1) (30455) Outlet Coalescing Filter 3"x72" l Item 8}(1) (304SS) Particulate Coalescing Ater 4"x40" item 4){1) (30455) Inlet Coalescing Filter 4' x S5" i item 10}(1) (CS) Gas Compression Skid (Painted) Item 11)(1) (CS) Heat Exchanger Support Weldment (Painted) Item 12)(1) (CS} .!unction Sox Support Weldment (Painted) ItEr71 13)Shop assemble above items and Applied Fitter Technology supplied components (Excludes all electrical wiring) Atl carbon steel (CS) to have an SP-6 Surface Pnep, one Coat of Intergard 345 Epoxy and one coat of Interthane All paperwork and packaging to show ONLY AFT as manufacturer. Fed Tax 1D: 91-2145130 Total Page 1 ~,", ` Sg ~ ~ .4 ~`i.} ~ - .,r s f Applied Fiiter Techr~o~ogy 19201 120th Ave. N.E., Ste: 104 Bothell, WA 98011 [425)482-AFTI [2384) 7/15!2011 2011-1269 ' •t @ ~ . East Penruboro ,',~•... East Pertnsboro Towrlthfp 21 East Duties Drive Camp Hill, PA 17011 Per Contract Tgp Sultan, WA Tgp 870 Urethane, color: semi-glass black. Price Exdudes:Field installation Engineering Et Design Electrical Wirir~ Ail buy out items such as; Gaolers, Pumps, Motors, Valves, Gauges, Filters, Strainers, Spray Nozzles, Poly Tubfrig, level lrxiicatars, Flange Gaskets and Bolts, etc. PaymentTemu: 4096 @ time of Material Procurement - tJet 30 days ($47,000.00) 509K @ time of Shipping -Net 30 days [$5$,750.00) 1096 Net 45 days [Max) After delivery to job site [$11,753.00) ~ Per Quote If11-329 Alt paperwork and packaging to show ONLY AFT as marwfacturer. Fed lax ID: 91-2145130 Tota[ $117,503.00 Page 2 ~I INfJUSx1LTAL FABRICATION CO., I,V j P.O. Box 709 • 14124 - 339th Ave. SE. • Sultan, WA 98294 (360y 793-9001 • Fax (360) 793-1880 MATERIAL SHIPPING LIST DATE GL Llt Li ___ SHEET s OF r ~~ ~ ~~ ~ +~ ~ ~~ ~~ P~'~-~-r ~ PREPARED BY~ ~t3o~ ~~ SHIPPED FROM t~-n~ ~ SHIPPED V1A C ~ 41•,, l~-p~l,.~~cr..._l ``~,~.,,,~.~ ~. ~ mac., ~ lp,el, L.. V G "?O I. C ~ ~ PREPAY O COLLECT ATTN fY1-'~~ `Tni o~/ I~/a r.1 ._ _ _ JOB N0. 54~~ PHONE[Z(-7~ ~D~7 ^' $~'~ ~XT ~LCarf CUSTOMER ORDER NO,-,'~\a,_~'~~~ QTY -___ DESCRIPTION __.. 2 l -r 3 T V ..~ 5 2 `~pCa s 6 ~, S ~" 7 ~ a ~ _ a, ~ Cam, ~-~-~ 9 '~.. Sd 7` 10 11 (~, L ~~ ,'t, S.3 '' _-rte . 16 17 18 19 2~ z1 - 22 23 PAGKiNG SLIP ., ,; . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~ytitr a# ~~rttr~¢r~,}aid ~; .;, ~'L i~~fE PROTFiON(~?;~s,';` 2Q~2 NO'S 2b PM 2~ ! 7 Richard W Stewart Solicitor Industrial Fabrication Co. Inc. vs. Conewago Enterprises Inc. (et al.) ~kFF!CE :c <.,c ~6F21FF SHERIFF'S RETURN OF SERVICE t~t1MBERLAND Ctl~~d~Y QEN~SYLVANIA Case Number 2012-6723 11/06/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Conewago Enterprises Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint & Notice according to law. 11/21/2012 The Sheriff of York County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Conewago Enterprises Inc., but was unable to locate the Defendant in his bailiwick. The York County Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 660 Edgegrove Road, Hanover, PA 17331. This address is in Adams County. SHERIFF COST: $37.00 SO ANSWERS, ... November 21, 2012 RON . R ANDERSON, SHERIFF . 71. tiyS:!!!E; SI':f~i:`i: I~Fi~C$O:`l, IrC. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerieber PETER J. MANGAN, ESQ. Shsr>ff Solicitor Reuben B Zsager Richard E Rice, II Chief Deputy, Operations Chief De putt', Administration INDUSTRIAL FABRICATION CO. INC. vs. Case Number CONEWAGO ENTERPRISES, INC. 12-6723 CIVIL SHERIFF'S RETURN OF SERVICE 11/15/2012 SHERIFF RICHARD P KEUERLEBER, BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: CONEWAGO ENTERPRISES, INC., BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN CIVIL ACTION (CICA) AS "NOT SERVED" AT 660 EDGEGROVE ROAD, HANOVER, PA 17331. THIS ADDRESS IS IN ADAMS CO. SHERIFF COST $19.00 November 16, 2012 SO RS, RICHA D P KEU LEBER, SHERIFF NOTARY Affirmed and subscribed to before me this ~, i~ r /I ~ D_ 16TH day of NOVEMBER 2012 (c) Countysuite Sheriff, Teleosoft, Inc. NOTARIAL SEAL LISA L. THCRPc. hCTARY PUBLIC CITY OF YCRK. YORK CCUNTY MY COMMiSSiCN EXPIRES AUG. 12, 2013