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Home My WebLink About04-6496 MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, P A 17011 (717) 730-7310 HEMPT BROS., INC., ) Plaintiff ) ) vs. ) ) ANGELO IAFRATE CONSTRUCTION ) COMPANY and NATIONAL FIRE ) INSURANCE COMPANY OF ) HARTFORD, ) Defendants ) ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - ~l.{ 9 ~ CIVIL TERM JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its attorney, Michael L. Bangs, Esquire, and files the following Complaint: 1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Angelo Iafrate Construction Company is a Michigan corporation with its principal place of business at 26400 Sherwood, Warren, Michigan, 48091 (hereinafter "Iafrate"). 3. Defendant, National Fire Insurance Company of Hartford is a Connecticut corporation with its principal place of business at CN Plaza, 333 South Wabash Avenue, Chicago, Illinois, 60685 (hereinafter "Surety"). 4. Iafrate was the general contractor for a highway project located on SR 15, Section A- 12, in Cumberland County, Pennsylvania (hereinafter "Project"). 1 5. Plaintiff is in the business, among other things, of supplying material, labor and equipment for use in the construction of highway projects. 6. Iafrate contacted Plaintiff and requested that Plaintiff provide certain goods, materials and the hauling of certain materials for use by Iafrate on the Project. 7. Plaintiff and Iafrate entered into a subcontract agreement which was a "unit price agreement" for the various goods, materials and the hauling of the materials for use by Iafrate on the Project. Attached hereto and marked as Exhibit A is a true and correct copy of the subcontract agreement. 8. Iafrate ordered certain materials in accordance with the terms and conditions of the unit price agreement from Plaintiff and was invoiced by Plaintiff for that material on a regular basis. Attached hereto and marked as Exhibit B is a true and correct copy of a detail statement from Plaintiff which outlines each invoice sent, the amount invoiced, the amount paid, and the amount due and owing. 9. All of the goods and materials indicated on the invoices and hauling services performed by Plaintiff on the invoices represent the true and accurate amounts of the goods and materials referenced therein and received by Iafrate, as well as accurately reflecting the hauling services used by Iafrate and performed by Plaintiff. 2 COUNT I HEMPT BROS" INC., vs. ANGELO IAFRATE CONSTRUCTION COMPANY BREACH OF CONTRACT 10. Paragraphs 1 through 9 are incorporated herein by reference as if more fully set forth. 11. Iafrate agreed to pay the costs for the goods, materials and hauling services as referenced on the invoices. 12. Iafrate has failed or refused to pay all of the invoices leaving an outstanding balance due to Plaintiff. 13. Plaintiff has contacted Iafrate on numerous occasions and requested payment in full of the outstanding invoices. 14. Plaintiff has full and truly performed its obligations under the agreement in that it delivered the goods and materials ordered by Iafrate and used on the Project and provided hauling services in accordance with those ordered by Iafrate. 15. Iafrate accepted all of the goods and materials referenced on the invoices and accepted the hauling services provided by Plaintiff referenced on the invoices. 16. Iafrate has breached the terms of the agreement between the parties by its failure to pay for the goods and materials received pursuant to the terms and conditions of the invoices. 17. Iafrate accepted and received all of the goods and material ordered from Plaintiff and referenced on the invoices. 3 18. All of the goods, materials and hauling services provided by Plaintiff were done at the insistence or request of the agents, servants, and employees of Iafrate, acting within the scope of their employment. 19. Plaintiff has been damaged in the amount of $34,665.17 as a result of Iafrate's failure to pay all outstanding invoices in accordance with their terms. 20. Plaintiff is entitled to receive interest at the rate of one (1 %) percent per month for all invoices due over 30 days as a result ofIafrate's failure to pay for the goods, materials and hauling services received in accordance with the terms and conditions of the invoices. WHEREFORE, Plaintiff demands judgment against Iafrate in the amount of $34,665.17, plus interest at the rate of one (1 %) percent per month for all outstanding invoices due over 30 days until the time of judgment in this case, plus costs of suit. COUNT II HEMPT BROS., INC. vs ANGELO IAFRATE CONSTRUCTION COMPANY UNJUST ENRICHMENT 21. Paragraphs 1 through 20 are incorporated herein by reference as if more fully set forth. 22. The prices charged for the goods, materials, and hauling services provided by Plaintiff to Iafrate are just and reasonable and are the prices which the agents, servants and employees of Iafrate, acting within the scope of their employment, and in accordance with the purchase orders, agreed to pay for those goods, materials and hauling services. 4 23. Iafrate has failed or refused to pay for the goods, materials and hauling services received by Iafrate despite repeated demands by Plaintiff. 24. Iafrate has been unjustly enriched at Plaintiffs expense by its failure to pay for the goods, materials and hauling services it has received in the amount of$34,665.17, plus interest at the rate of one (1 %) percent per month for all outstanding invoices due over 30 days. WHEREFORE, Plaintiff demands judgment against Iafrate in the amount of $34,665.17, plus interest at the rate of one (1 %) percent per month for all outstanding invoices due over 30 days until the time of judgment in this case, plus costs of suit. COUNT III HEMPT BROS,. INC. vs. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 25. Paragraphs 1 through 9 are incorporated herein by reference as if more fully set forth. 26. Surety provided a certain payment bond to secure payment to all entities that provided materials and services used on the Project. Attached hereto and marked as Exhibit C is a true and correct copy of the payment bond. 27. Plaintiff has made a demand upon the Surety to make payment of the amounts due and owing Plaintiff by Iafrate on the Project in accordance with the terms of the payment bond. Attached hereto and marked as Exhibit D is a true and correct copy of the demand. 28. Surety has failed or refused to make payment on the claim. 29. Surety has breached its duty to provide payment under the payment bond as a result of its failure to make payment for the goods, materials and hauling services supplied by Plaintiff on the Project. 5 30. Surety has an obligation under the payment bond to make payment since Iafrate has failed or refused to pay Plaintiff for the goods, materials and hauling services supplied by Plaintiff on the Project. 31. Plaintiff has been damaged in the amount of $34,665.17 as a result of the failure of Surety to make payment on the payment bond and in accordance with its terms. 32. Plaintiff is entitled to receive interest at the rate of one (1 %) percent per month for all invoices due over 30 days as a result of Surety's failure to pay for the goods, materials and hauling services received in accordance with the terms and conditions of the invoices. WHEREFORE, Plaintiff demands judgment against Surety in the amount of $34,665.17, plus interest at the rate of one (1 %) percent per month for all outstanding invoices due over 30 days until the time of judgment in this case, plus costs of suit. Respectfully submitted, /"/) r"\ MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, P A 17011 (717) 730-7310 Supreme Court ID #41263 6 VERIFICATION MAX 1. HEMPT, being duly sworn according to law, deposes and says that he is the Vice President of Hempt Bros., Inc., a Pennsylvania corporation, the Plaintiff herein, and that as such Vice President, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information a.."1d belief. dL4r- EXHIBIT A ANGELO IAFRATE CONSTRUCTION COMPANY SHORT-FORM SUBCONTRACT AGREEMENT Subcontract Number 20007.S020 This Subcontract Agreement, entered into between, Angelo Iafrate Construction Company (Prime Contractor), 317 Thomson Park Drive, Cranberry Township, Pennsylvania 16066, and Hempt Bros. Inc. (Subcontractor), address 205 Creek Road. Camp Hill. PA 17011 dated May 31, 2002 project name Cumberland County project owner/owner's agent Commonwealth of PA, Department of Transportation project number CONTRACT # 082109 , AICC job number 20007 Subcontractor agrees to furnish all labor, equipment and material necessary to complete the following, ASPHALT PAVING Pricing: (see attached Schedule A) This is a LUMP SUM agreement. The price for all work above is $ ..L This is a UNIT PRICE agreement. Quantities will be verified upon completion of the work. Payment shall be determined by extending verified quantities at unit prices stated on the attached Schedule A. This is a TIME AND MATERIAL agreement. Payment shall be determined by extending verified units at rates and prices stated on the attached Schedule "A". SCHEDULE Subcontractor agrees that time is of the essence in this Subcontract and that work shall begin by and be completed on or before the date(s) specified below. As scheduled by An!:Jelo Iafrate Construction Company Project Manager THE eONTRACT DOCUMENTS constituting the Subcontract consist of: General Terms and Conditions; Pricing Schedule A; Indemnity, Insurance and Waiver of Subrogation Exhibit A: OSHA'S Hazard Communication Standard Letter (29CFR 1910.1200), Subcontractor's Release of Lien: Prevailing Wage Rates -General Wage Decision No.990004 (6/30/00); SPEelAL TERMS AND eONDITJONS Payment terms shall be approximately ten (10) days after Prime Contractor receives payment from the Owner. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. Accepted by Prime Contractor: Anqelo Iafrate Construction Company Witnesses: By: By: Title: Title: Date: Accepted by Subcontractor: By: (Typed Name of Subcontractor) Title: Subcontractor is: By: Title: ) Sole Proprietor ) Partnership ) Corporation Date: Subcontractor's Federall.D. No.: Schedule A Hemt Bros. Inc. Subcontractor for Asphalt Paving 20007.5020 1.0. # 508157 Phase Code 8530 LINE PENN DOT ITEM NUMBER DESCRIPTION UNIT QTY. UNIT PRICE EXTENSION 1 2460-0002 Bituminous Tack Coat L 2,000 $ 2.00 $ 4,000.00 2 2608-0001 Mobilization EA 4 $ 1,500.00 $ 6,000.00 3 9305-0003 37.5mm Base 175mm Depth m2 10,000 $ 21.00 $ 210,000.00 4 9420-0001 12.5mm Wearing "E" 40mm Depth 76~22 m2 6,700 $ 6.75 $ 45,225.00 5 9420-0003 9.5mm Wearing "H" 40mm Depth 76-22 m2 10,000 $ 4.70 $ 47,000.00 6 9420-0013 9.5mm Wearing "G" 40mm Depth 64-22 m2 8,000 $ 6.15 $ 49,200.00 7 9421-0002 19mm Binder 50mm Depth 64~22 m2 10,000 $ 7.00 $ 70,000.00 8 4101-10 Milling 10" Temporary Blacktop m2 44,858 $ 4.15 $ 186,160.70 TOTAL $ 617,585.70 NOTE: This Is a Unit Price Contract. Quantities may vary with no change to the Unit Price. The following items clarify the Subcontraetor's Scope of Work: (1) Excludes subbase. (2) No maintenanee & proteetion of traffie. (3) Excludes excavation. (4) No shoulder back-up. (5) No finegrading. (6) Subbase within +/- 1/2" (7) All manholes and inlets adjusted by others. (8) All 10" temporary blaektop material that requires milling by the Contraetor, will be paid under Line Item #8 above. Millings will be hauled away by Hempt Bros. Ine. at no additional cost to the Contractor and will beeome the property of Hempt Bros. Inc. (9) Brooming of roadway by others. (10) Hempt Bros. Inc. will seal joints for their work. (11) Cores taken by Hempt Bros. Inc. (12) No union conflicts. (13) No cleanup after milling 10" depth. ANGELO IAFRATE CONSTRUCTION COMPANY SHORT -FORM SUBCONTRACT AGREEMENT - GENERAL TERMS AND CONDITIONS PAYMENT AND RELEASE Subcontractor agrees to accept as complete and final, amounts and quantities agreed upon, and Subcontractor shall have no further claims against Prime Contractor whatsoever. Final payment to Subcontractor shall not be made until work done by Subcontract is approved by Owner/Owner's Agent and/or any other agent whose approval is required for payment of said work. Subcontractor agrees to reimburse Prime Contractor for any overpayment, which Prime Contractor might make to Subcontractor, regardless of how overpayment arises. PAYMENT OF SUBCONTRACTORS, MATERIALMEN, SUPPLIERS AND LABORERS Subcontractor shall make timely payments to all sub-subcontractors, materialmen, suppliers or laborers providing work to the project and shall protect and save harmless Prime Contractor and Owner/Owner's Agent from all claims, encumbrances, and liens growing out of performance of this Subcontract. Subcontractor shall be responsible for the full amount of any expense, including actual attorney fees, that Prime Contractor incurs in regard to claims, encumbrance and/or liens paid on Subcontractor's behalf. In case suit to establish lien is brought or claim is made to collect on any bond, by any person or persons, corporation, or other entity, employed by, or furnishing materials, or services to, or for Subcontractor, Subcontractor expressly agrees to undertake the defense of any such suit or claim determined to be due and owing and to otherwise indemnify and hold Prime Contractor and/or its Surety fUlly and completely harmless from any such suit or claim. FAILURE OR REFUSAL TO PERFORM Subcontractor shall be liable for any and all damages, penalties, and other liabilities, including attorney fees, incurred by Prime Contractor, resulting from Subcontractor's failure to refusal to fully perform any terms or conditions of Subcontract Agreement. In the event of default or breach by Subcontractor of any obligation(s) contained herein, Prime Contractor may declare the entire Subcontract to be in default and therefore terminated. Prime Contractor may then complete said work or employ others to complete said work, and Subcontractor shall be liable for any and all costs of completion, which, to the extent available, may be deducted from monies due Subcontractor. PAYMENT NOT EVIDENCE OF PERFORMANCE Payment by Prime Contractor in whole or in part shall in no way be construed to be an acceptance of defective work or of improper materials, and shall in no way relieve Subcontractor for the obligation to perform the work in accordance with the requirements and specification of the Owner/Owner's Agent. ~ ADDITIONAL WORK All additional work or changes in the work to be performed by Subcontractor shall be negotiated directly with Prime Contractor. All work authorizations or change orders shall be in writing and shall be agreed to by both parties prior to commencement of the referenced work. COMPLIANCE WITH LAWS Subcontractor agrees to perform work in compliance with all laws and regulations, Federal, State and Local, which apply with respect to the work herein required, including, but not limited to Equal Employment Opportunity and Affirmative Action. Subcontractor is responsible for compliance with all safety and health rules and regulations of the Federal Safety and Health Act of 1970, MIOSHA, and any other agency with jurisdiction over the work, during conduct of Subcontractor's work on and in connection with the project. Subcontractor shall indemnify Prime Contractor for all fines, penalties and corrective measures that result from any act of omission or commission by Subcontractor, it's agents, employees, and assigns, which fail to comply with such safety and health rules and regulations. LICENSES AND PERMITS Subcontractor agrees to procure all necessary permits and licenses to carry on the work covered by this Subcontract in accordance with all Federal, State and Local laws where the work is performed. Subcontractor agrees to pay all taxes imposed by Federal, State, County City or any other taxing body associated with the items of work under this Subcontract. INDEMNIFICATION Subcontractor shall provide certificates of insurance as evidence that it carries Workmen's Compensation, Employers Liability, Public Liability, Auto Liability, and Comprehensive General Personal and Property Damage Liability Insurance, with limits satisfactory to Prime Contractor. Said certificates shall provide that thirty (30) days advance notice of expiration, change or termination. Subcontractor agrees to hold harmless (including costs an attorney fees) and protect prime Contractor and Owner/Owner's Agent against all suits and claims for all damage or injury to any person or property arising out of or relating to any of Subcontractor's work, materials, suppliers, subcontractor, employees or any other source. COMPLIANCE WITHUNION AGREEMENTS Subcontractor acknowledges receipt of a copy of wage agreements applicable to the project. In the event Subcontractor is not a party to said agreements, Subcontractor nonetheless agrees to observe the wage rates, hours and working conditions as provided therein, except the provision relating to union recognition, when performing work covered by this Subcontract Agreement. MISCELLANEOUS PROVISIONS Subcontractor agrees to perform its work in a manner, which will in no way interfere with the progress of Prime Contractor's work. The terms and provision of this Subcontract Agreement represent a complete and full integrated understanding of the parties and is intended to, and does incorporate, and supersede all previous negations written, or oral, and may not be altered, changed, amended, or modified, except by an agreement in writing signed by the parties. Subcontractor agrees that work may be carried out under hazardous condition. Subcontractor agrees that Prime Contractor will have no liability for errors or omissions in the performance of traffic maintenance work by Prime Contractor in the area of Subcontractor's work. Exhibit "A" INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION 1.1 INDEMNITY: It is expressly agreed and understood that, to the fullest extent permitted by law, the Subcontractor shall indemnify, protect, defend, and save harmless, Owner and Contractor (including their officers, agents, employees, parents and subsidiaries) from any and all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, judgments or any demands whatsoever, including prejudgment interest, attorney's fees, expert witness fees and all other expert and professional fees and expenses ("Claim(s)"). based on or resulting from any personal injury, including, but not by way of limitation, bodily injury, emotional injury, sickness or disease, or death to any person (including but not limited to agents and employees of the Subcontractor, Owner, Contractor or other subcontractor) or damage to property of anyone (including loss of use thereof), which injury, sickness, death or damage results from, arises out of or is in any way connected with the performance of this Subcontract. Subcontractor's obligations under this paragraph shall apply whether the Claim is caused or alleged to be caused by any active or passive act or omission of the Contractor, Owner or other party indemnified hereunder, provided however, that the Subcontractor shall not be obligated to indemnify for those claims which arise from the sole negligence or willful misconduct of the Owner, Contractor or their agents, servants or independent contractors (other than Subcontractor) who are directly responsible to the Contractor or Owner. These obligations shall not be interpreted to reduce or negate any other rights or obligations of indemnity otherwise existing with regard as to any party or person described in this Article. 1.2 NO LIMITATION ON LIABILITY: In any and all claims against the Indemnitees by any employee of the Subcontractor, anyone directly or indirectly employed by the Subcontractor or anyone for whose acts the Subcontractor may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. 1.3 SUBCONTRACTOR'S INSURANCE: The Subcontractor shall purchase and maintain insurance during the pendency of the Subcontract (including warranty periods) in amounts equal to the requirements set forth in (a) through (c) below, and as set forth in this Subcontract and shall not commence work under this Contract until all insurance required under this paragraph is obtained in a form acceptable to the Contractor, nor shall the Subcontractor allow any sub-subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. (a) WORKERS' COMPENSATION INSURANCE as required by the Commonwealth of Pennsylvania including employers liability insurance with a minimum limit of $500,000/500,000/500,000. Such Workers' Compensation Insurance shall be endorsed to provide for a waiver of subrogation against the Owner and provide the alternate employer's endorsement to the Contractor. (b) COMMERCIAL GENERAL LIABILITY INSURANCE written on an occurrence basis providing the following minimum limits of liability: Combined single limit of $4.0 million for Bodily Injury, Death and Property Damage, or alternatively, $2.0 million aggregate separate for this project. The insurance shall include coverage for each of the following hazards: Premises-operations. Owners and Contractors Protective. Contractual covering the indemnity provisions of this Contract. Products and/or Completed Operations. Property Damage arising out of explosion, collapse or underground damage. Broad Form Property Damage. Severability of Interest or Cross Liability. Personal Injury-with the "Employee" Exclusion deleted. Demolition Exclusion deleted. (c) BUSINESS AUTO LIABILITY INSURANCE on a comprehensive form covering all owned, non-owned and hired automobiles providing the following minimum limits of liability: Combined single limit of liability of $4 million Bodily Injury, Death and Property Damage, or alternatively $2.0 million aggregate, separate for this project. (d) The insurance provided for in paragraphs a), b), and c), above, are subject to the following additional conditions: 1. The insurance provided for in a), b), and c) above shall be issued by Insurance companies acceptable to the Contractor and shall be licensed by the Commonwealth of Pennsylvania do business on the lines of insurance specified. Each policy shall include a waiver of subrogation against Owner and Contractor. 2. The minimum limits of Commercial General Liability and Business Auto Liability Insurance required, as set forth in Subparagraphs b) and c) above, shall be provided by either a single policy of primary insurance or a combination of policies of primary, umbrella and excess coverage. Umbrella and/or excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for Commercial General Liability and Business Auto Liability. 3. Any costs associated with a self-insured program, deductibles or premium rating programs that determine premium based on loss experience shall be for the account of the Subcontractor. The Contractor and Owner shall not be required to participate in any such loss. If any such programs exist, the Subcontractor agrees to protect and defend the Contractor in the same manner as if such cost provisions were not applicable. 4. The Subcontractor shall be responsible to establish insurance requirements for any sub-subcontractors hired by the Subcontractor. The insurance shall be in amounts and types reasonable sufficient to deal with the risk of loss involving the sub- subcontractor's operations and work. The sub-subcontractors of all tiers shall name the Owner and Contractor as an additional insured under each required insurance policy and each insurance policy shall include a written waiver of subrogation rights with respect to the Owner and Contractor. 5.The Subcontractor shall present at the time of execution of the Subcontract the original policies of insurance (if requested by the Contractor) and certificates of insurance and endorsements attached to those that effect the coverage provided hereunder, evidencing such coverage is in force and complies with the terms and conditions outlined herein. 6. All insurance policies or evidence of the insurance required of the Subcontractor and sub-subcontractors of any tier shall provide that insurance required of Subcontractor is primary and non-contributory to any similar coverage carried by Owner or Contractor or any other party indemnified hereunder, despite any conflicting provisions in Subcontractor's policies to the contrary. The Owner and Contractor shall not by any reason of inclusion as a joint insured or as an additional insured under any of the Subcontractor's insurance incur any liability to insurance carriers for the payment of premium. 7. Each such policy of Commercial General Liability and Business Auto Liability Insurance shall contain endorsements providing the following: Angelo Iafrate Construction Company, Angelo's Crushed Concrete, Inc. and Denton Acquisition Company, LLC, its directors, officers, affiliates, divisions, subsidiaries, agents, consultants, and employees, and the Commonwealth of Pennsylvania, Department of Transportation and all public agencies from whom permits will be obtained and their directors, officers, agents and employees are hereby declared to be additional insureds under the terms of this policy. That this insurance policy is primary insurance and no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy. 8. The insurers must have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the most current Best's Guide Rating furnished. 1.4 NUMBER OF POLICIES: Commercial General Liability Insurance and other liability insurance may be arranged under a single policy for the full limits required or by a 7combination of underlying policies with the balance provided by an Excess or Umbrella Liability Policy. 1.5 CANCELLATION, RENEWAL AND MODIFICATION: The pOlicies shall contain a prOVISion that coverage will not be canceled or not renewed until at least thirty (30) days prior written notice has been given to the Contractor. Certificates of insurance showing required coverage to be in force and containing the endorsement set forth in paragraph 9.2.7, above shall be filed with the Contractor prior to commencement of the Subcontractor's Work. In the event the Subcontractor fails to obtain or maintain any insurance coverage required under this Agreement, the Contractor may purchase such coverage as desired for the Contractor's benefit and charge the expense to the Subcontractor, or terminate this Agreement. 1.6 WAIVER OF SUBROGA nON: The Contractor and Subcontractor waive all rights against each other and the Owner and any of their respective consultants, subcontractors, and sub-subcontractors, agents and employees, for damages caused by perils to the extent covered by the proceeds of the insurance provided herein, except such rights as they may have to the insurance proceeds. The Subcontractor shall require similar waivers from its subcontractors. 1.7 ENDORSEMENT: If the policies of insurance referred to in this Article require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. SUBCONTRACTOR'S RELEASE OF LIEN CLAIMS AS OF THE day of ANGELO IAFRATE CONSTRUCTION COMPANY, PROJECT NO. KNOWN ALL MEN BY THESE PRESENTS, THAT: 2000. Whereas ("Subcontraetor"), a business having its principal office at Angelo Iafrate Construetion Company, ("Contraetor") having theretofore entered into a certain eontract (the "Contraet"), relating to the furnishing of materials, labor and/or equipment (the "Project"), located at NOW, THEREFORE, for and in consideration of the sum of Dollars ($ ) paid by Contractor to Subcontractor, whieh sum represents the full amount due to Subeontraetor as of PDOT , less and except that retention in the amount of $ still being withheld by the Contractor, all under and pursuant to the above refereneed Contract, Subcontractor does hereby: 1. CERTIFY to Contractor that all persons, firms, unions, associations, corporations, or other entities furnishing labor, materials, equipment, or supplies to Subcontraetor with the respect to the Contract have been paid in full as of the date set out above except the following: (attach additional page, if neeessary) and; 2. REMISE, release, waive, relinquish and forever quitclaim unto Contraetor, its successors and assigns, any and all manner of liens, claims or demands whatsoever which against Owner, the Subcontractor ever had, now has or whieh it or its successors or assigns hereafter can, shall or may have upon any portion of the lands of Owner or the building thereon standing, for labor, material or equipment furnished under the Contract, as of the date set out above, and; 3. FURTHER REMISE, release and forever discharge Contraetor, its successors and assigns of and from any and all manner of liens, claims, demands, and causes of action whatsoever against Contractor whieh Subeontractor ever had, now has, or which it or its successors or assigns hereafter ean, shall or may have for, upon or by reason of any matter, cause anything whatsoever arising under or out of the Contract as of the date set out above, except as to the following specific liens, claims, demands and causes of actions: (attaeh additional page, if necessary) and; 4. AGREE to indemnify and save harmless Contractor, its successors, or assigns, against alll08s, eost, damage or expense by reason of any and all manner of liens, claims or demands which anyone may have for labor performed, or for material or equipment furnished under the contract as of the date set out above. IN WITNESS WHEREOF, Subcontractor has duly caused and these presents to be signed and attested by its duly authorized owner, partner or offieer (and, if a corporation, its corporate seal to be hereunto affixed) on the day of 20_. Subcontractor BY SWORN to before me this TITLE day of ,20_. NOTARY PUBLIC (notary seal) Angelo Iafrate Construction Company A Northern Division 6375 Baseshore Road, Suite 6 · Mechanicsburg. PA 17050 Phone: (717) 796-7025 Fax: (717) 796-7029 Hempt Bros, Inc. Subcontract Number 20007.S020 ATTENTION ALL SUBCONTRACTORS: OSHA'S HAZARD Communication Standard Letter (29CFR 1910.1200) requires that we inform you of the chemical materials employees may come in contact with on our job sites. This list is posted on the job site bulletin Board. Our MSDS file may be found in the job site Field Office and will be made available to you and/or your employees upon request. It will be your responsibility to instruct your employees of the hazards associated with these materials. In addition, the Occupations Safety and Health Administration requires that subcontractors or vendors furnish MSDS sheets for all classified materials used in the construction of this project. We request that all MSDS sheets be sent to the job site at the address below. If the Angelo Iafrate Construction Company is issued a fine, as a result of an OSHA inspection, in which the OSHA inspector determines your company is using or has used any item(s) requiring a MSDS sheet, and you have not supplied Angelo Iafrate Construction Company with that sheet or for any other OSHA violation by your personnel, the amount of the fine will be deducted from the contract amount. Authorized Signature Date Company Name Address AN EQUAL OPPORTUNITY EMPWYER EXHIBIT B (DETAIL STATEMENT) SR 0015-A12 Cumberland County CMS No. 082109 Subeontract No. 20007.S020 Hempt Bros., Inc. INVOICE # INVOICE AMOUNT AMOUNT PAID BALANCE DUE 1 $147,637.48 $147,637.48 $0.00 2 $91,662.77 $91,662.77 $0.00 3 $56,652.03 $54,023.92 $2,628.11 4 $3,055.94 $4,126.93 -$1,070.99 5 $6,408.12 $6,408.12 $0.00 6 $1,442.92 $0.00 $1,442.92 7 $19,069.20 $22,059.99 -$2,990.79 8 $47,827.35 $47,827.35 $0.00 9 $4,026.96 $0.00 $4,026.96 10 $178,738.83 $175,260.30 $3,478.53 11 $112,628.69 $110,687.69 $1,941.00 12 $88,923.60 $58,671.10 $30,252.50 13 $105,333.28 $105,333.28 $0.00 14 $98,405.72 $104,335.17 -$5,929.45 15 $48,687.55 $50,187.55 -$1,500.00 16 $45,912.26 $45,746.25 $166.01 17 $2,488.84 $2,488.84 $0.00 18 $48,101.85 $45,881.48 $2,220.37 $0.00 $1,107,003.39 $1,072,338.22 $34,665.17 12/15/2004 EXHIBIT C (PAYMENT BOND) , ,,~ 'j' r ~. ~<:: ~'. t", 6: 1'-'" . ,I.,' . ", "." I,';., B""#.> -~.~,... .';..... M~" .. ~.i!;,~ . I'ro' \ .,11<,' ..... . . ',' ,;~..,. : ': 1\1,' 05:15 7177510535 -y...,..... ....- .-. ......... HEMPT E;F:C'~ lll: ......""'......,..""'. v....~~..J ..,.. ._----'-"'-~. -- - .;E :...;. I}j ,~ 'JU.i... -~ i' I PAYMENf BOND 929162933 !ONO NO, KNOW ALL MEN BY THESE PRESENTS J ThQt we J _ -.-- --- IafratA Construction COlllPEllny D/B/A Denton Con!;+rud~ or Ct)mf'IiiI"~ Z6400 SherwDod Warren~ Miehig3n 48091 AS PRINCIPAL J and .1Jation~l Fire Insu.rance' ~~~y_ of HarttQTr:I __ , Cbic3lit'O. .1k-, . ,. ;I cor"are'tion, as SURETY, are held and Til"1lI1y bound lJn-to the ':,OIlll1\Cln- weal-th of P$nm:yl vania in the full and ,:just sum of twen'ty. onE! 1IlJ. 1 :.i ()r> ~hr.e hundred tMenty.nine thousand fifty-six and 55/100_____ doll~r~ ($ 21,329,056.55_), lawful money of- the Uni bd states of ft.rn@ri C~l , toib; paid to th~ ..id CommQnwe8lth of Pennsylvania, or it as~i9n~, '. 'to .",h:i.ch I'aY1ften-t wAll and tl"'uly ta be IlIade. w@ !bind oursa 1 ves, OlJr ':." .heirs, executors, administ,..:a1;:o,.s, and sUccesso,.s,' ,:iain'Hy and ~, se"eral1y~ ~irlltly by the.. presenb, ; ,~~'; . Sealed with au.. respective ~e.ls and dated khis ~ day oi ~)I;L A, D. 20-'2.0 WHEREAS, The above bounden PRINCIPAL has undertaken to contract w~th the $~id Co.monwealth of Penn5Ylv~ni8J by and through the Sec:re-tary of T"'=msport:ation covering the worj( id.ni1~i.d.b.low. Tor approxi.ately the sum G~ ___twenty-cn~ three hundred twanty-nin$ thousand fift~-six ~nd 55/100 <t___Zl,3l9,OS6.S5__'. mi 1 :li.;.n~_ c1ajl~r~ FI:II" the improvement aT a c:ar'tain Sec't:iar:l of STATE HIGHWAY in ClJMBERI.ANt COUNTY 'UPPER ALLEN TOWNSHIP'and YORK COUNTY, CARROLL TOWNSHIP, ColltmQn~eatth 01 Penn$)llveni., STATE ROUTE OU15 SECTION A12 and STATE ROUTE 2004 SECTION 005. also STATE ROUTE 80~7, Th.is project beg:i.n$ in York County, C3'''r-011 iOWMhip, apprD~imat.l~ O.794'kilomet@~ south of the bridge over the Yellow B~@@CM~~ Creek at Station 9+305,000 (Segment 0160 Off$e~ 1085 nor~hboun~, S~qmer+ 0161 Offset 1036 sDu'thbound) And ends in Cumberland County, Upper Alhll"' ~o"'nsni~. approximately 3~O 'meters sou~h at the bridge ov~r Traf~i~ R~y~~ 114 at ~tatlor\ 13+391.000 (Saaaent OOSO Of~set Z7~9 northbound, S$gm~nt 006J )tf~e~ 01.0 sauthbound). AI~a included are the eonnectioMs o~ State Rl)ut~ 2004 to ~h~ included int.rchQnge, Al~o inelud~d are the re.loeation OT tow~shjp ro~d~. fhA work consists of:a ~ollfP1Qtlo! "8habilitation of this section of ,ighw;W invo1vir\:1 new construction, reconstr!Jction, and resurfacing OT a por~io~ of the r~~dw~y and a new in~erchenge with a nGW structure. Th~ ro~dway and ~ampS ~il] b~ construeted pri~8rily o~ v~rious dept~$ oT plain oemen~ ~o"er~te PQ"e~e~~, RP~ on 'l:rt!llilri:ed paNlle"ble base I,v.r subbas. '(No. ZA) with va,.ious d~p-t:...s of ~)l";l'" cement conerate p.v.m~t ~~r shoulders. There is a pre3tre9se~ con.;,.~tD r.b~Q~ br~dge structure. There are 2 mechsnically st~bilized retaini~q wa:;ls, 1 ~oi] najl r~taininA wal1~ 2 soldier pile retaining walls, 1 p~r~pe~'~olJn~ed 9ou~d b.rrier, and 2: grQund-moun1:edsound bllrr-iel'"s. .iUStl included a"'e ...lil,'iou~ depth~ of b~~uminou$ p~ying .eterial ~cr shOUlders, reconstructing, ~idening) a~d r~~urfaeing existing roadways; drainage imprQvement~; eone~et~ gl~r. SC"'~~n ~~1I bllrl"i@r; l;I"IidQ rail; ~ttenu.tin~ devices; traf-f:lc .signals; signs <.Ind "av~m@n't 1118r'k@1"*; I,ulint~nance and p,.oteetion of tre.ff'ie dUl"in~ eons-tr-uct.ion '. -rem",: CLlr~ 07/19/00 4~. eMS. D0007l. ') ,T22.0631 . coaz:. 09f CONTRACT' ..Cf7/12/2004 ~..- ?;~\~ ~. I:l~,. ' ~~:~:.~ ' ~~< ~.,. . ~~',~ 1_. ,.r,' ":'::~, . ~'" h~r' , '.' .~ 'J ~g.J. ir 0" Il-'"_': . W},.: -~~~ ~ ' h... 05:15 -.-.- --.... 71 77510535 ",,,,^,,, ...., . ." HEI,'1PT 2.FCi: [I,. -.......-''''.. .... '.. --' ''-'' ..--.--,-. end I'IIQun-l:abJ:@ curb; 'l"oQdsidl!l develoPlnen'f: i-tem:s; right-01:-.\oI;;Y 1"rc~ 2 structure demolitions; - c:oncre-l:e paVel'/lfm-t rehl!lbili ta-ti Qr. ;; W:l.s"@ ma', :qq~'ll!'>l'\" ~lan; ~SbA!;'t:OS removal; underground $-t:OI"Olg~ -tank r'p-mcvaj; ~~pi::'.c !'>Y -: 'er- N!llIoval; and uH.li-ty I"Clloca-t;.on itt!lIllS, all \oI:l-t:hin a prO:7~(" ''''Pgtt>.- " oz. k'ilolll!!lters _ 8S. indiea-ted on -t:he drawings appr'ov!!d M~y 2 ;,{. O{l and WHEREAS, i1: wa$: one QT the cunditians of -t:h@ aW~l"d of ~,,~ Secretary GT Transportation I aeting for and "n behalf 0": 'ttw r.u",I'IOn wea.l th of Pennsylvani9. PUr':!lIl-l.nt to which said eon-trae+ "'a'~ lJnrl~r tat<..." by the PRINCIPat that the~& pr&sents should by ~xAeuted to bQCO~~ b:incH"g uPon tho date .said ccm-t:rac:t is apl1r-avf')d tor' th@ Of'! : <:..11 the Bt.ldgei:. by the COlIIQtr"l)llcr_ "O.W, THEREFORE, The c~Qnditi(ln of this obl;lgat.ion :l.s sue h .~hrl't H the abovl!I boundlln PRINCrP'AL shell 8nd will p"'l~mp'tly or Caus~' -\;;Q be p.id in full all SUM~ of ~oney which may be due by QOntr8c+~r 01 otf1erwise I to any individu~l, -fir". par-i:ner~h:i.p I assneiatiol"', O' corJ>cr..tian, fol" all materials fc.c,..nisn~d' or labar" supplied O'~ parformed in the prosecution of the work_ whether or not th~ ~~jd .aterial Or lGbor entered into Qndbee8me oomponent p~rts o~ th~ wo~~ or :i.lI/:Iro"'ellt0nt ocnte"",lat"!d. and far I"Cln1:al oT tha BQuip\l\en't Ijs~d ",ne serv:i.ee:s rend_red by publ;ic u-t:ilit:iEl:!l in. or in eonnel;d:ion !<I'.t:' ';n!! prosecution r;Jf such wark. 'then i;hil5 obligation 1:0 be void. l'~h~,....,; ~e 'ta ,retn=sin in -full force and oof'-Fect. The PR!NCIPAL.nd SUR~TV h@reby. join~ly and s~ver~lly, &gr~~ with tha oblig@~ hor.ini;hat any individ~al, firm, pa~tner$hlp aS$ac1ation or ear~o~a~io~, ~hich h~s ~9rform~d labor or rur"ish~~ M$1:erial in the ~rQs@cution of the work as p~ovided, and an~ Dublic utilitywhieh has J"@ndcu'ed se,.vic@s in. or in connttction wi'+.:h, th~ ~"os9cutio" of sueh wark. and whioh h~s nQ~ b~@n ~aid in full th~I"~- fQ1"1 may su_ in as.u~sit on this p~Yment Bond in his, ~heir. o~ it5 own nallle and llIay pra$scut@ the sallllll to of:l.nal judgement -For $lt,J,:h ~\J", Qf SUNS as ~y be justl~ due nim. them. Dr it, and have $XQou-t:i~11 tk~~e- on. P~ovi~ed, hDWeVQr. that tha Commonwealth shall not be li~bl~ ~or ~e pay~ent oT any CO$ts C~ eX~ense$ of ~uch ~uit. RAeov~~y by 3ny individual, fir~. per~ne~$hiD, assaciatiQrl or cCr"JJorat:i.on MArevnder shall be subject to the prov:l..sjans 01' thl!l npublic WOl"k~ Contra~tQ~s' Band L~w o-f 1967", Aet No. 385, approv~d Decemb(!r 21l_ 1967, P.L. 8&9. which Aet shall b~ itleot'~ot'ai:ed herl>ir ~nd lItQde a J:)lar1: hsr@o-f. :as ~ully and eOlllpletflly as though J.b nro" vision9 Were fully and at hing-th herein reeit~d.. It is further provided that any al~eratian$ which may b~ m3d~ i, the terllls o'f -the contraQ-t Qr in the work to bl!! donq or matf3r:L.l.!: 10 bt' fut'nished or labor to he $ul2plied 01" perf o '"'tiled under ii: or th~ giving by thA CO/!llllon....e:alth of any .xt.n$ior't of tillla TOI" th~ perTOr'lft~n.:~ ,,{ the.. c:on~raci: or Sny other i'orbtuI"anoe on the part of t!li'the,. -th,. Comonwl!!~lth or th~ PRINCIPAL to th~ o-ther, 3f,~11 not: in ~n" WHY . release th~ PRINCIPAL and th@ SURETY 0,. SURETIES or e:i:thel" ",.. ''lny o'f thelll, ''t:he.11"' heirs, ilI;lC~eutor~~. J'ldtllini.strQtor-s, su cc:e9$OI"'!;: or- a5:~i grl'; fro," their liability hllr&t.lnder, not:i Cl! 1:0 the SURETY or- SURE" IE So;: ~ny such alt@ration, Qx~ension, or forb~aranee b~in9 nereby wejved 07119/00 qa eMS. D000719. TZ2D631. C0821 09C CONTRA.CT ,- ~=i~ ~~" ~.11"1.' 07/12/2004 06:15 _;~_ - ".... n ~ ,'>ll . ,;r 7177610635 HEMF'''' BF'CI'= Irk ........".y ..i....... .... '~U"I':,., . '_'I_'.'V , , . , IN WITNESS .wtfE'REOF I the S1..id PRINC;tPAL and SUREty "avO!!' :fuh' ex.cuted this Band under seel the day and year -Fir1l:1; :abo /e .,ri-t:t:, n 49 CMS.D000719.T220631.C082L09CCONTRACl ':l~tl ;~ Ij~, c:' ~IIJIJ~ tl7/12/2004 ..,-' -_. --...... 05:15 7177510535 ........_ ............"Il . if'Nh .... ...,.... HEMP T E:F'I): It)1 .LIU..,\.L:Ul\... ... ~ ,"v 1...... ~ :)~Ij~ 07 C'j L~ "'.I ~1 .' " Angelo Ia-fr'at!! Constr"JC: ::.011 ;[ ~Any D/B/A Dp.nton C(ln!;t~ JC:-> :,an :[.11I(:1;;.... It)' tLt~i'"ot::: d ~, ~ _/../'.;~<-- ."j.~4:.? ~~/__. "" S;.Ql"a1:url> 0~r.;;"/~ TitJP. ,JgJ ~~~ .... ,/ n.t!. 'II! National Fire Insuran~.Golllpan!_ "f Bartford Sur I!ll't~ C olltQany Attest ))' l{ Cl.\4.~" _" : <-- (Seal> H~;;r:;=;8 K(j~J.1 ~'I,.v- RA~(b,J(-- Ka~hl~en RuneAtta~n~Y-i"-Fact Attor-nl!lY-in":FlIci: CE!rtific:I.IItion ... ,..--.----- --.. - ------ --... - ..-.. - - -- *The undersigned .~orney-~n-~8et by e~eeuting this raymen~ . !ond certifies th:at he/she is licensed with the eQll\Pen:/ named as surety 10r' this band bY' the. Pennsylvania :rn.surnncl! Depa~'t1rIetlt :oInd thai: t:a the best 0", hislher knowledge the said surety ;is .1i1;~"S~d wi~.thc PennSYlvanin Insu~ance nep.....tment. !NSTIi!UCTIONS - Please =ism .me~C!l indicllt-t-ed (<--). If COr"poratior Sign by President Dr Vic@ Pre$id@nt and ~~tes~ by S~c~~t~ry o~ T"ea~urer, Affix seEll. If Partner!:hip, !;!gn by eQeh p="r''t:nl'r ant< wi~ness signetvre OT each P3rtner, If rndividu~lJ SiR~ oy proprietor and wit".~$. Indicat. surety company, sign by ai:torney- in--f=-ct (PA lic.-naRd Resident As;en~ Only),. obtain w.i-l:nes.!i sil;na'tlJro;-, :alT'fix sur.ty CDll'IPUny' s 'seal, Attach Power of At't:ol"'ne~ J "j t~. ~mbossed seal_ to ~his p:age., 07/19/00 so . CMS .DOD0719, T22G631 ,;0821.)9 ({ nNlRACi I .l:l.7/12/2004 135: 15 71775113535 HDiF'T BF'O': : r V ~j_jr-_ <:1:::'" OP~ ~1)'JI.) POWER OF ATrC>RNEY APPOlNT1NG INDIVIDUAL A:-rORNeY-IN-FAC'" Know All Me" By n.s. flrnlllnb, Thtat CONTINENTAL CASU.AL TY COMPANY, an II\IM~i.; CO~I 'atio/" 'IA TI<;iN,o.l. FIRE INSURANCe COMPANY 01= HARTFORD,,, Connecticut cor;>oration, AMERICAN CASUAL T\' -::OMI"A,~IY Of- ~EAOING PENNSYLVANIA. l! Pl!!flft$ytvan~ GOI'POl'8tion (herein ~Ieeti\tely called "the CCC Surety C"..ompar.ie.s"; ~rl! Cit.l!Y organrz9C and llxistlng corporallons Mving their pril1ci~1 Oflicel! in the City of Chicago, and State.of illInois, ~f'Itlll;~t t."lg, ClO t Y Ilrt\ie .,< tnI' 1l19n~tUf~ and seals herein affixed hereby make, constitute alld appoint . Steven.!<, !!!;I!"don. Robert O. Heuer, Sa~ld<3arcla. fv'Iary ~.9iness, ~a1hlee~ RunesL~..J::~S: :,~d~~ _ _ ._ _ __. __Oo . . -....,............-- --..... ,of.... SOUthfl8ld.~hiOan" '._. --.:..... '_, ., .. Oo' ._~...~_____. . .. . _'_ their true and lawNl Attomey(sH"^'Fact.....ittl full power and authority he!'@by conferred to sign, !,,!;,! llnn e~ ecutf' "'}r ;"1(1 ~n tl'll'llf beMlf bonOs, undertakings and other obligatory inetnJmems of similar nature ._. _ __ - In ~I'lllmfted Amounts . - . .,' . a. OM _ _ ~ a~ ". and to bind' them thereby as fully ~ncl to the same extent as if such iMStrUments were signed by ~ <Iuly aut'1or'izEd officer of :hei( COl"pOfations and all the adS of s;Jlid At1amey, purslJiilnl to the authority herElOy given arel hereby ratified and connrmw This Power of At10mey is mada and l'l~ ~Ur'!llJtuitto and by authority of1he By.L')~ ~n; Resohrtlons. prlNeo on the revl!ln;e hereof, duly adopted, as Indicated. by t~ 80atds of Dl~rs of the corporations. In WftnMs WlMroof, the CCC SU!'$t1 Comoanies hav.s QluSed theae presems to b@ SIQI"leC by their (jrout '.lie€' Qrt!s.oen\ and tt-,eir ~te seals to ~ hereto a1'ft)(ec! on this ~I'I day of J..l.lne . ___ 2000 ~. :t(l)~ ~ I ~~7 I . CONilNENTAL. CA$UIU.1Y COMPANV NATIONAL. FIRE INSURANCE COMPANY 0= HAFiFORD ,a.MeRlCAN CASUAl..1Y COMPANY ."r ~EAOING PENNSYLVANIA ~~ /~t-- Michael GenQle'--- '~-GrOlJO VIQ@F'lJsldent State of Iblnois. County of Cook. ss: On this 2~h day 0(_. '" J~.8.. . _ .' ~,befOl"~ '11e per-..onEllly calM Mid1aeI Qer,gler', to me 1cnCNIm, who. ~. by me duly swom, did cIepo$e ane s~: 1hat he reside!; In the City of Cl'ri~o, St41te of IInl'lOiS: that J,. "a Grnup V\oe President d CONTINENTAL CASUAL TV COMPANY, NA"ONAt. F1~e I"JSURANCE COMPANY DF HAFm=OFto. and AMfSFtICAN CASUALTY COMPANY (>F READING. PENNSYLVANIA descriDed In aM whlc"l ~X8cuted the above instrument: that h~ kl'iOW$ the sealt of silIjcf CorporatjQns: that lhe senla a1IbcIHt to the S.!IId. instrul'\'1e!'\t are !Iu.;h caporale seals: that lhey were !:O affhcect pursUllPlt to author1ty givM by the Boerds '" DJrectcI'll 01 &aid ~t1ans ~!nct Nt he signed his n~lTIe t,'leretc j)IJrguan' tn 1:l(e a\Jtt1or1ty, and admowtectgllS same tc be the act and dMd 0' said ~tlons. ............................ : .OFFICIAL &;At.: .. . . .. bIANE FAlAJCNER .. . : ........ ...... .... at ... : .: ..,~ ..'*":l......~.~IC]!J My Camminsiol'\ Expires Septl!lmber 17, 2001 ,./"-'\ \ (. .I ',- ~~....c-..e '+-(~ ..., DI~ne F~ --- 'Notir'y Public CERTtP1CA.TE I, Mary A.. R1bllr.awskls, Assistar1t secretary Of CONTINeNTAl.. CASUAL N COMPANY, NATIONAL. ::IRE INSURANCE .:;OMPANY O~ HARTFORD, and AMERICAN CASUAL iY COMPANY OF ~EAOING, PENNSYt. V ANI" do hereby :ertlf) that !np Power of Attorney herein Wove set forth i8 stlU In tb1ce, and further c~ that the By.Law and Rl!!lOl\ltlon or tl'te bra of Dimctot!l of p.scr r..orporatlC.'1' printed on the merse tlereof are aUlI in fOfte. In testimo")' ~ I havlt hereunto subsa1bed my name and afflXl!!d Ihf Sl!als ('If r he said CC/1Xlt'atlont 1h1s , 7. day of .tJ. IJJj lH r ' ~. . ~tIJ~ ...~ ~ ~ {Rev_10/1197} CONilNEN1"AL CASUALTY COMPAIII..,.. NATIONAL. ~IRe INSURANeE COMPANY OF HAFoll"FORD AMERICAN CASU.AL."""V COMPANv r)F READING. 1"ENNSYlVANtA ~a~ . Mary A.. Ribikaw;~l$-' --- Assl~t.aril Secrei3ry '11/510535 HEt.'lP'" m.:'u.: ~ I i -':-..\ 1-=: f-:1'~ t' ~ 4!:.'I", Authorizing By..Laws and Resolution~; ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUAL Ti COMPANY This Powar of Attorney Is mada I!Ind executed pV/'SlJal'lt to and by authority of the fOllow'ng .. \ ,-.w 1u i' ;J(j(;O!~ . 'v ,-.~ 6o~~o ,.,~ Olrectors or me Complil"y. .. Artic:le IX--E"cecutlon of Documents Sec1io1'l3. Awointmetlt of A.ttemf:y-Ir,.fact The Chairman of the Board of Dlrector:;, :he PresIO'f)' or ')r", S<~l:Ut"';. S~rllOr or Group VlCQ President may, from time!O timt!. eppolnt bywrltten certlfieatas altome~.,r.fact ", ad,~ )~ha:' .-j II''' Corroarw i:'1 the execution c:rf pOlicies of insUl'ance, borlds. undsmkll'1Q$ and other obligatory Instrument~ nf 1'1<.0 rd1,~ SI..c' ~ttClmey~. l"I-faC1. subiect t.~ the lirnttrtlOtl$ set fotth in their AlSpec: lve certffleatl!!l!: of authortty, shall have full p0W9r Ie bir'[ I"!e <: en pan' 'v t.'1M ';'Yl1attJr!? ~nci e.xecutiot'l of any such instrumerlts atllj to ~ttach the 9eel of the Company +hereto The ::h~iH'" <lr 0' th"l BO<I'e of '"');,ect')($. tt'le President Qr any ~live. Senior or Groul' Vlee Pl'l!!~ldent or the Board of Directorn. rni'lY ~'''''Y !'m'~. re~'1~'" ,\1. X'''''''-T ~'1d 3u!ho#j previously given to any attomey.-in.fect_~ This PtlWer of Attomey Is signed end :;aaled by facsimllG under and by the autMrr.:y of lhe~' "w,"t~ i:;> ~so".,,">,., ;r'OO'~' by thp. Soard or Olreetol'$ of the Company at a mooting dul y eall~ and held on the 17th day of February. 199 3. "Rl!$Clved, tMt the- signatlJre of tt,e President or any Executive, 5811for or Groue Vice P-esloen a:1Q tt1~ ~eal of the Company may be affbl.ed by facsimile on ~ny power e,f attorney granted pursuant to Section 3 of Article I X Cf 'hp. 8~ -l ilWS. 'l rIC t ~:~ 5ignatur~ o~ the Saemtary Of an Asllistant Secretary alld the seal of the Company l'Ii3y be affixed by fa~lmllc '0 an, c'?rtlfrcale ct ~n~ c...,cn power and any power Qr csrtltleate bearing 9Ud'l facstmHe signature encl seal Shall be valid and binding 01'\ tl'1e ,::.cmpap~ Any suctlMwer so 9)(tIC1Jted and sealed and certIfied by r.ertiflc3te so executed and sealed shall. with respect 10 ;~rw ixlncl or I. ""lri~r+8klng '() which II is attached. contll'l1Je to be valid and bf!'l(llng Or! the Company." ADorno BY THE BOARD OF DIRECTORS OF AME:RICAN CASUAL iY COMPANY OF RI;:ADING. ~E'\lNSYL v ANI ThIs Power of Atttlmey Is made and e:cecuted plll'$uan1 to ;sod by authority of 1he following By.U1w clUJ.. aCloDt~ ') 'h~ Soerd of Directors of !he ColTll'<lny. "Artlcle ~.e:raeutlon of Obligations and AppoIntment of Attomoy-in.F-ad Seetlon 2. Appointment of AUOmey-i""fad. The Chairman of IMe Board of Directors, the PresIdent or any Ex9CUttVl~. Seni.or or Group \Ilea President may, from time to lime, appoint by written certlficatas attorneys-in.fact te act .r. behalf of the Cornoany IT! !he execution 01 policies of insurance, bondS. undertakings and other obligatory Instruments of IIKI? nature. Suer, artomey~~in.f3ct, subjacl to the IImltatlons set fcrth In their rMpectiva eertif~t8S of authority, shall have full power to bind '.he C<:>lT\pany by thf!ltr slgnll!ure Md exeet/tion -of any $ut;h instrlJn'ler!t$ and to attat::h the seel of the Company themto. The Preside"l or MV E)(ecutiVp S9",m or Grouo Vice Pruldent may at any time I'e'JOke all P'~ and authoT1ty previously 9N$f' 10 any attomey-in.f~ct " This: Power of AttOfMY 1$ $igned and sealed by facsimile under and by ~he authooty 01 the f'OJlOWl'>g Rp.50hll'''''' ~~ lot'!11 ~y lh~ e,~rd of OlredOrs of the Campa!'lY at a meeting duly called and held On the 17th day of FgbltJsry. 199:-, "Resolved. that the $ignature ofth<~ President or any ~eeutMl, Seroor Or Group Vt~e Preslol!ll1t afld the seal of the ~om~I'IY may be af/ixet! by facsimile on ar'ly power of attoml!y granted pursuant to Section 2 of Article 'II of the By Laws. 3nd the signature of the ,Secretary or an AssGtint Secretmy and the seal oftt1e Company may be affixed by faCl!tmil~ Ie ~ny certiflcatl;' of ~ny such DOwer and any pcIWel' or oertifica1e bearlng suCh fnesirnile signatum and seal ~""1I be valid and binding or the ::omllany Anv such oower so eJCeCtJted and soalad and eettIfilld by eertlfit:Clte so ~ and seal~ shall, with respect tl'l ~ny ~'lt:: or Ilnn~rt:lkln9 '() wMIeh il is attached. contl1'1\.lo to tle Yand and blndmg on the Company." AOOPTeo BY THE BOARO OF OI~ECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HAp'T"FORD ThIs Power of Attomey is made and executl!(l put'&uant te and by autttortty of the followifl!; Resr')\ulleon ouly ddoptee cn = ebnJary , 7, 1993 by the Board of Olmctors of the C~any. "RESOLveo: That the Pre91dent, an exeCUtiVe Vice President. or any Senior or GrOtlC) Vice Presioent 0' t"1e ':orpoT:3tlon may, from time to tl~, appoint, by wrllt8n certirlc.ltE!S. Attorneys-in-Fact to act In behalf of!h@ CQrporatior iM Ii'll'! ~xecutiOl1 Of OOlfCJI)S of insurance, bonds. ~rtaklng$ Ind other obllgatoly instrurrlent$ of like na1ure. Such Attomey.i!'l-Fac~. subject to It'le Ilmitatlon~ sel lortl"lln their rMpective certlficates of authority, shall have futl power to bind the Corpor;:ltion by Ihl!llr !ligNltvrl:' aM execvl10n of ~"'Y such ~nstrumenl and 10 attach the seal of lMe,Co~tIO" thereto. The Pl'l!$ldent, al"1 Exec;utive Vice President, Clny SE'nior or "roue V.CI? ::ltQSident or the Board of Olreeto\'$ may at any Ume l'9\1Oi(E\ all pOwer aT'ld authority previOI.JSly given 10 <lr.:r At!OrMV-'''.c"c' . . This Power of Attomgy Is slgne1:l and $El8led by faCSImile under and by the auttlortty 0' th~ fotllJWi"'9 ~~~ ofutl(1""dc:)t~~ 'Y 1M Boam of Directors 01 the Company at a meeting duly called and held on the 17th day of February. 1993 "RESOLVED: That the slgMh.W'e of the President. an ExecutIve Vice PresIdent or ~f1Y Senior elr (;rnup v'>";~ DresitlMt and !h@ seal of the Corporation may be affixecf by fa(;slmlle on ally power 01 attorney granted QUrsuan! to the ~p.$olution 'lCoptec1 by Iloi$ Board of Oire.:tom 0I'l febnJary 17, 1993 ~nd the slgrt8ture crt a Secretary or an Assistant Secretary and the ~~a( ':if the Corooration may be affixed by facslmne to any oertificale of :~ny SI.Jc;h powI!r, and any power 01' certll1cale bearing such faCSimile signature anr. seal shall be valid and biodlng on 1l'le Corporation, Arrt such power so G'lCeCUled ana $.I;)Q!ed and certified b~ ~erttfic.atR so r"eclJll?O :lI,\,j sealed. llh~tI wlth reapect to any bond or undertakit'IQ to WI'lich it Is attaChed, continue ~o be valia ~r'\(j blndlno Jf1 \hr' C orpo-"tior EXHIBIT D (DEMAND OF HEMPT BROS" INC., ON PAYMENT BOND) k SOUTH IS"'H STREET CAMP HILL, PA 17011 E-mail: mikebangs@verizon.net BANGS LAW OFFICE. PHONE: 717-730-7310 FAX: 717-730-7374 MICHAEL L. BANGS, Attorney-at-Law WENDY S, CHESBRO, Paralegal WILLIAM E. MILLER, JR. Of Counsel July 13,2004 VIA CERTIFIED MAIL National Fire Insuranee Company of Hartford Continental Casualty Company CNA Plaza 333 South Wabash Avenue Chicago, IL 60685 F'LE RE: Bond Number 929162933 Project: SR15-A12, Cumberland County, Pennsylvania CMS No. 082109 General Contractor: Angelo Iafrate Construction Company Subcontractor: Hempt Bros., Inc. Gentlemen: Please be advised that I represent Hempt Bros" Inc. ("Hempt"). Hempt provided certain work and material to Angelo Iafrate Construction Company on SR15-A12 in Cumberland County, Pennsylvania. You provided a payment bond on this project to insure the payment for work and materials provided on the project. Please be advised that we are placing a claim on this bond. Angelo Iafrate Construction Company has failed to pay Hempt for its work and materials supplied on the project. Currently, Hempt is owed $80,546.65. By copy of this letter, I am advising Angelo Iafrate Construction Company of our claim. I have also notified Penn DOT of the claim as well. Please send me the appropriate documents to verify our claim. Very truly yours, Michael L. Bangs wsc cc: Hempt Bros., Inc. Angelo Iafrate Construction Company (via certified mail) Pennsylvania Department of Transportation (via certified mail) A:,) D ~ ~ 1 ~ n ,...., r: = ~ V( .~ -':-;::) .. ..-'.-:- ~~ ~.;) Cl -I B ~~/ : ,-; Pl :r::n 0"- CI( :.'i. {'"') ,n Q 1 Q C', .> N -0 fTl '\) ~ _,'".T co -p t4 ~:; t~) 0.'-;' ;j - ~{3 --I (~ -c.. " ~~~ ~ D' F - ';-:ern Z 1..J .. ~ -..j ~ -< w .n -.J -< r JOSEPH H. BUCCI, ESQUIRE I.D. No. 53434 ROSS A. GIORGIANNI, ESQUIRE I.D. No. 82076 ME'IZ LEWIS LLC 11 Stanwix Street, 18th Floor Pittsburgh, PA 15222 412-918-1100 ATTORNEYS FOR DEFENDANT HEMPT BROS., INC., Plaintiff, v, ANGEW IAFRATE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CMLACTION - LAW NO, 2004-l.Lf'l/e. CML TERM JURY TRIAL DEMANDED NOTICE OF ENTRY OF APPEARANCE Kindly enter the appearance of Joseph H. Bucci, Esquire, Ross A. Giorgianni, Esquire and Metz Lewis LLC, on behalf of ANGELO IAFRATE CONSTRUCTION COMPANY and NATION.AL FIRE INSURANCE COMPANY OF HARfFORD, the Defendants in the above-captioned 1!1-/&S- Date Joseph H, Bucci Ross A. Gior~~, e AttomeYS~fOr ditto Defendants ANGEW TE CONSTRUCTION COMPANY .ld NATIONAL FIRE INSURAN E COMPANY OF HARrFORD CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE was served this 7th day of January, 2005, via United States Mail, First-Class, postage: prepaid, on the following counsel of record: Michael L. Bangs. Esquire 429 South 18th Street Camp Hill, PA 17011 Attorney for Plaintiff ..... .. .. , r-.:> 0 n = C r.::::::Jo -n c.n -- L- -I --, : ~~- :r: " '-' ~F~- ;.-:r,.- n"lp I::>. ,p- Z f'":i ... I~~) < f..J~1 a Sc. ~ -T- -Tt .~ -' -" .>- -1" , -. ~~C5 ~'. ;~Irrl <'~ l.___ ].--- ~~~ (...) ~-:::\ :7; -'- \.0 :.<:: ABOM & KUTULAKIS, LLP 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 HEMPT BROS., lNG, Plaintiff : IN 1HE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 2004-64% OVIL lERM ANGELO IAFRAlE CONSlRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants : OVIL ACTION - LAW ENTRY OF APPEARANC.E; Please enter the appearance of the undersigned as counsel for Defendants Angelo Iafrate Construction Company and National Fire Insurance Company of Hartford, in the above-captioned matter. This is in addition to the Appearance filed on behalf of these parties by Ross A. Giorgianni, Joseph H. Bucci, and Metz Lewis LLC. Respectfully submitted, ABOM & KUTUJLAKIS, LLP )- )q- ," ~:) Date \, \) n ~'J~ J on P. Kutulakis ttorney LD. 80411 36 South Hanover Street Carlisle, P A 17013 /-19- CJs- Date ~-P7I-::::H Michael T. Traxler Attorney LD. 90961 36 South Hanover Street Carlisle, PA 17013 CERTIFICATE OF SERVICE AND NOW, I,Jason P. Kutulakis, of ABOM & KUTULAKIS, LLP, hereby certifY that I did serve or cause to be served a true and correct copy of the foregoing Entry of Appearance by First Class U.S. Mail at the foUowing: Michael L. Bangs, Esquire 429 South 18th Street Camp Hill, P A 17011 Attorney for Plaintiff Respectfully submitted, ADOM & KUTULAKlS, LLP DATE 1/1 9 Ie'S- I { <~-~ '1t<lA~ /. I Michael T. Traxler, . uire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 r-- c: G' ,~'"." L:J :.:L f-' !L (-) _. ,-,~ ,..,:'~ -~-) U-;) ~:.~ " G,:;;;' ~~'--J MOM & KUTULAKIS, UP 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 HEMPT BROS., INC., Plaintiff v. ANGELO lAFRATE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA : NO.: 2004-6496 CIVIL TERM : CIVIL ACTION -LAW NOTICE TO PLEAD TO: Michael L. Bangs, Esquire Attorney for the Plaintiff 429 South 18" Street Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY OBJECTIONS OF DEFENDANTS WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEAlJilNG. ABOM & KwvLAKl5, LLP 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 HEMPT BROS., INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, PENNSYL V ANIA v. NO.: 2004-6496 CIVIL TERM ANGELO IAFRATE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants CIVIL ACTION - LAW DEFENDANTS' PRELIMlNARY OBTECTIONS - Defendants, Angelo Iafrate Construction Company ("IaFrate") and National Fire Insurance Company of Hartford ("National"), by its undersigned local counsel, preliminarily object to Plaintiffs Complaint pursuant to Pa.R.C.P. 1028 as follows: I. FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT PENNSYL V ANlA RULE OF CIVIL PROCEDURE 1019(i) 1. Plaintiff filed a Complaint containing causes of action in Breach of Contract and Unjust Enrichment against Iafrate and an unspecified cause of action against National. A true and correct copy of the Plaintiffs Complaint is attached hereto, and marked as Exhibit "A." 2. It is alleged in paragraph 16 of the complaint that "Iafrate has breached the terms of the agreement between the parties. . ." 3. Exhibit A to Plaintiffs Complaint is a document that has not been signed or dated by the Plaintiff or Iafrate. 4. It is unclear at this point whether a valid contract exists between Plaintiff and Iafrate. 5. Paragraph 16 of Plaintiff's Complaint and supporting averments in the breach of contract cWm violate Ru1e 1019(i) of the Pennsylvania Rules of Civil Procedure in that the Plaintiff failed to "attach a copy of the writing." 6. The Commonwealth Court has held that a complaint shou1d be stricken for failure to attach essential documents. Adamo v. Cini, 656 A.2d 576 (Cmwlth. 1995). 7. Pennsylvania Ru1e of Civil Procedure 1 028(a) (2) provides that a defendant may object to a pleading because of lack of conformity to a rule of court. WHEREFORE, Iafrate respectfully requests that Plaintiff's Breach of Contract claim be stricken from Plaintiff's Complaint. II. LEGAL lNSUFFlCIENCY OF PLAINTIFF'S COMPLAINT (DEMURRER) COUNT l-BREACH OF CONTRACT 8. Defendants incorporate by reference paragraphs 1 through 7 as though set forth at length. 9. Plaintiff's complaint fails to state a cause of action against the Defendants for Breach of Contract. 10. Plaintiff has asserted a cause of action against Iafrate based on breach of contract. 11. The three elements necessary to properly plead a cause of action for breach of contract include (1) the existence of a contract, including its essential terms, (2) a breach of a duty imposed by the contract and (3) resu1tant damages. J.F. Walker Co. v. Excalibur Oil Group. Inc., 792 A.2d 1269, 1272 (pa. Super. 2002). 12. The Plaintiff failed to prove that a contract existed between itself and Iafrate. 13. The Plaintiff failed to attach a signed and dated copy of the alleged contract to its Complaint. 14. The Plaintiff failed to aver facts necessary to establish a claim for Breach of Contract. WHEREFORE, due to Plaintiffs failure to establish a legally sufficient claim in Breach of Contract, Defendants respectfully request that Plaintiffs Breach of Contract claim be stricken. III. LEGAL lNSUFFICIENCY OF PLAINTIFF'S COMPLAINT (DEMURRER) COUNT II-UNJUST ENRICHMENT 15. Defendants incorporate by reference paragraphs 1 through 14 as though set forth at length. 16. Plaintiffs complaint fails to state a cause of action against the Defendants for Unjust Enrichment. 17. Plaintiff has asserted a cause of action against Iafrate based on Unjust Enrichment. 18. The elements of unjust enrichment include that (1) benefits were conferred on the defendant by the plaintiff, (2) appreciation of the benefits by the defendant; and (3) the defendant's acceptance and retention of the benefits under circumstances that it would be inequitable to do so. Wiernil<: v. PHH u.s. Mortgage Corp., 736 A.2d 616, 622 (Fa. Super. 1999). 19. The Plaintiffs Complaint failed to sufficiently articuhte the benefits that were allegedly conferred on the Defendant by the Plaintiff in the form of invoices, shipping orders, or any documentation that can prove such a benefit was actually conferred. 20. The Plaintiffs Complaint failed to plead facts that would indicate that Iafrate "appreciate[ed] the benefits." It pleads in paragraph 22 that the prices charged were just and reasonable and that Iafrate agreed to pay those alleged reasonable prices. It also pleads in paragraph 23 that Iafrate failed or refused to pay for the goods. The Plaiatiff, however, failed to plead that Iafrate accepted the labor and material as being sufficient to the alleged contract. 21. Plaintiffs Complaint contains no averments pertaining to specific labor or materials that were provided to Iafrate. 22. No invoices were attached to Plaintiffs Complaint that would indicate that Plaintiff provided specific labor and materials for which Iafrate accepted and failed to make payment. WHEREFORE, due to Plaintiffs failure to establish a legally sufficient claim for Unjust Enrichment, Defendants respectfully request that Plaintiffs Unjust Enrichment claim be stricken. IV. LEGAL INSUFFICIENCY OF PLAINTIFFS COMPLAINT (DEMURRER) COUNT III-UNSPEClFIED CLAIM 23. Defendants incorporate by reference paragraphs 1 through 22 as though set forth at length. 24. Count III of Plaintiffs complaint is an unspecified chum against National. 25. Plaintiff failed to aver that its demand from Iafrate was sufficient and accurate. 26. Plaintiff failed to aver that it completed sufficient notice to National and Iafrate. 27. Plaintiff failed to aver the date on which the Plaintiff performed the last of the labor or furnished the last of the materials for which the Plaintiff demands payment. WHEREFORE, due to Plaintiffs failure to establish a legally sufficient claim against National, Defendants respectfully request that Count III in Plain1iffs Complaint be stricken. V. INSUFFICIENT SPEClFlClTY OF PLAINfIFF'S COMPLAINT 28. Defendants incorporate by reference paragraphs 1 through 27 as though set forth at length. 29. Pennsylvania Rule of Civil Procedure 1028(a)(3) provides that a defendant may object to a pleading because of insufficient specificity. 30. The Plaintiffs Complaint fails to include specific dates; such as the date of contract, the date its work was allegedly completed, the location of the alleged breach by Iafrate, the date of the acceptance of the goods, the amount of good that were accepted, the date of breach, the date of refusal of payment, the date National allegedly refused to make payment, the date National allegedly breached its duty to provide payment on the bond, and any other facts necessary for a sufficient pleading according to the Pennsylvania Rules of Civil Procedure. 31. The Plaintiff's Complaint lacks in specificity for failure to attach a valid contract, failure to attach invoices indicating the labor and materials provided for which the Plaintiff demands payment, and failure to provide other specific facts and documentation sufficient to allow the Defendants to prepare a defense. 32. Each count of the Complaint generally avers that the Plaintiff has suffered damages in the amount of $34,665.17. Other than a simple table, atrached as Exhibit "B" to Plaintiff's Complaint, that fails to include correct invoice numbers, dates invoiced, dates paid, labor and material provided, the Plaintiff failed to state any facts upon which the amount of damages may be calculated in violation of Pennsylvania Rule of Civil Procedure 1019(a), which requires that "the material facts on which a cause of action or defense is based shall be stated in a concise and summary form." WHEREFORE, Defendants respectfully request that the Plaintiff's Complaint be stricken for lack of specificity. IN THE ALTERNATIVE, Defendants respectfully request that Plaintiff be directed to draft a more specific complaint. VI. IMPROPER VENUE 33. Defendants incorporate by reference paragraphs 1 through 32 as though set forth at length. 34. The Plaintiff filed the instant action in Cumberland County seeking to hold Iafrate and National legally responsible far their alleged failure ta pay for labol' and/ or materials supplies allegedly delivered to Iafrate. 35. As alleged in paragraph 2 of Plaintiff's Complaint, Iafrate is a Michigan corporation within its principal place of business at 26400 Sherwood, Warren, Michigan 48091. 36. As alleged in paragraph 3 of Plaintiff's Complaint, National is a Connecticut corporation with its principal place of business at CN Plaza, 333 South Wabash Avenue, Chicago, Illinois, 60685. 37. Plaintiff has failed to allege that the Defendants have a. registered office in Cumberland County, Pennsylvania. 38. Plaintiff has failed to allege that the Defendants regularly conduct business in Cumberland County. 39. Plaintiff has failed to allege that the cause of action arose in Cumberland County. 40. Plaintiff has failed to allege that any transaction or occurrence out of which the cause of action arose took place in Cumberlaud County. 41. It is unclear from Plaintiff's Complaint whether the labor and materials allegedly provided by the Plaintiffs were delivered to York County or Cumberland County Pennsylvania. 42. A large portion of the materials provided by Plaintiff wer,e delivered to and utilized in York County, Pennsylvania. WHEREFORE, the Defendants respectfully request that Plaintiff's complaint be stricken for failure to file suit in the proper venue. IN THE AI. TERNA TIVE, the Defendants respectfully reque':t that Plaintiff be directed to file a Complaint establishing that proper venue lies in Cumberland County, Pennsylvania. VII. FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT PENNSYLVANIA RULE OF CIVIL PROCEDURE 1021(b) 43. Defendants incorporate by reference paragraphs 1 through 42 as though set forth at length. 44. After each alleged cause of action, the Plaintiff seeks damages in the amount of the specific sum of $34,665.17. 45. These requests for damages constitute a request for unliquidated damages due to the Plaintiff's failure to make averments and failure to attach exhibits that would allow the Defendants to calculate the amounts that Plaintiff has demanded or confirm calculations that have been made by the Plaintiff in arriving at the demanded sum of$34,665.17. 46. Demands for judgment of unliquidated damages in a specific amount violate Rule 1021 (b) of the Pennsylvania Rules of Civil Procedure. 47. Pennsylvania Rule of Civil Procedure 1028(a)(2) provides that a defendant may object to a pleading because of lack of conformity to a rule of court. WHEREFORE, Defendants respectfully request that the damages sections after each cause of action be stricken from the Plaintiff's Complaint. IN THE ALTERNATIVE, Defendants respectfully request that the Plaintiff be directed to file a pleading that allows for the amounts the have demanded to be calculated by Defendants. Respectfully submitted, ABOM & KUTULAIU5, LLP DATE~ J asof P. kis, Esquire 36 S. Hanover treet Carlisle, P A 17013 (717) 249-0900 Attorney for Defendants VERIFICATION Jason P. Kutulakis, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represent,; lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and vetification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: J -} q -oS- J,^ Jaso CERTIFICATE OF SERVICE AND NOW, I, Jason P. Kutulakis, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Defendants' Preliminary Objections by First Class U.S. Mail at the following: Respectfully subnutted, ADOM &- KUTUIAKlS, LLP -- DATE 1--/ q -O~ ~ '\ ,,~ P. Kutulakis, Esquire 36 . Hanover Street Carlisle, PA 17013 (717) 249-0900 r- _.0 en ~ ~.-,- -; l;-';:' _.c' MICHAEL L. BANGS, ESQUIRE LD. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, P A 170 II (717) 730-7310 HEMPT BROS., INe., ) Plaintiff ) ) vs. ) ) ANGELO IAFRATE CONSTRUCTION ) COMPANY and NATIONAL FIRE ) INSURANCE COMPANY OF ) HARTFORD, ) Defendant ) ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6496 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMXNARY OBJECTIONS 1. Denied as stated. The copy of the pleading filed by Defendant did nat pravide Plaintiff with a capy af the dacwnent attached as Exhibit A. ToO the extent that it is referencing Plaintiff s Camplaint that it filed in this actian, then it is admitted. 2. Na responsive pleading is required toO this paragraph in that Paragraph 16 of Caunt I af Plaintiff s Camplaint speaks far itself. 3. Denied as stated. It is denied that the dacwnent that the capy af the dacument that is attached to Plaintiff s Camplaint as Exhibit A does not represent the contract between Plaintiff and Defendant Iafrate. ToO the cantrary, Defendant Iafrate has acknowledged an numerous accasions toO Plaintiff and its representatives that the copy of the cantract attached as Exhibit A is the contract between the parties and bath ar ane af the parties have a signed copy of the original. 4. Denied. It is specifically denied that there is any ambiguity ar lUlcertainty as to whether a cantract existed between the parties. Plaintiff has billed Defendant Iafrate $1,107,003.39 far wark and materials perf armed in accordance with Exhibit A and Defendant Iafrate has paid $1,On,338.22 leaving a balance of the amoOlUlt claimed in Plaintiffs CoOmplaint. 1 It is ludicrous for Defendant Iafrate to now suggest that there is a question as to whether or not Exhibit A is a true and correct copy of the contract that exists between the parties. 5. Denied. This averment is a legal conclusion to which no answer is required. To the extent an answer is required, it is very clear that the Plaintiff's Complaint complies with the applicable Rules of Civil Procedure. 6. Denied. This averment is a legal conclusion to which no responsive pleading is required. 7. Denied. This averment is a legal conclusion to which no responsive pleading is required. WHEREFORE, Plaintiff requests this Honorable Court to dismiss Preliminary Objection I filed by Defendant Iafrate. COUNT I - BREACH OF CONTRACT 8. Plaintiff incorporates its answers to Paragraphs I through 7 as if set forth more fully herein. 9. Denied. This averment is a legal conclusion to which no answer is required. To the extent an answer is required, it is denied that Plaintiff's Complaint does not contain the elements necessary to prove a breach of contract. 10. Denied as stated. It is denied that Plaintiff's sole cause of action against Defendant Iafrate is based upon breach of contract. On the contrary, Plaintiff has filed a Complaint based upon breach of contract and unjust enrichment. 11. Denied. This averment is a legal conclusion to which no answer is required. 2 12. Denied. It is specifically denied that Plaintiff has failed to prove that a contract exists between Plaintiff and Defendant Iafrate. Exhibit A attached to Plaintiff s Complaint is a true and correct copy of the contract between the parties which has been verified on numerous occasions by Defendant Iafrate including, but not limited to, the fact that it has paid in excess of $1,000,000.00 for invoices for goods and materials supplied in accordance with the terms of Exhibit A. 13. Admitted as stated. It is admitted that Plaintiff has not attached a copy of the signed and dated Exhibit A to the Complaint. It is averred, however, that the failure of Plaintiffto file a copy of a signed and dated Exhibit A is not a fatal or other defect in the pleading in that if Defendant Iafrate is claiming that Exhibit A does not represent a true and correct copy of the contract, that can be determined through the course of the litigation in this case. It is averred that it is somewhat ludicrous for Defendant Iafrate to make this preliminary objection based upon the fact that Defendant Iafrate has paid invoices in excess of $1 ,000,000.00 thus far based upon Exhibit A. 14. Denied. Paragraph 14 is a legal conclusion to which no answer is required. Plaintiff s Complaint clearly sets out a cause of action for a breach of contract. WHEREFORE, Plaintiff requests this Honorable Court dismiss Preliminary Objection II. COUNT II - UNJUST ENRICHMENT 15. Plaintiff incorporates its answers to Paragraphs I through 14 as if set torth more fully herein. 3 16. Denied. It is specifically denied that Plaintiff's Complaint does not state a cause of action against Defendant Iafrate for unjust enrichment. Plaintiffs Complaint clearly sets out the elements required for unjust enrichment. 17. Denied as stated. It is denied Plaintiffs Compliant only sets out a cause of action against Defendant Iafrate based upon unjust enrichment. It is avelTed that Plaintiffs Complaint sets out a claim for both breach of contract and unjust enrichment. 18. Denied. This paragraph is a legal conclusion to which no answer is required. 19. Denied. It is specifically denied that Plaintiffs Complaint does not contain sufficient averments to make out a claim for ~ust enrichment. Further, there is no requirement that Plaintiff, at this stage of the proceeding, set forth any of the documents or claims suggested by Defendant in this averment. 20. Denied. Plaintiff s Complaint, if it is read in its entirety, clearly sets out sufficient facts to make out a claim for unjust enrichment. Defendant's reliance on its interpretation of certain portions of the averment to the exclusion ofthe entire Complaint is erroneous and does not make out a basis for a preliminary objection in this matter. 21. Denied. It is specifically denied that Plaintiffs Complaint does not contain sufficient averments to make out a claim for unjust enrichment. To the extent that Defendant believes that it is required that Plaintiff make any other specific averments, it is averred that there is no additional requirement and that Plaintiffs Complaint clearly and succinctly sets out a cause of action on this claim. 22. Admitted in part and denied in part. It is admitted that copies of specific invoices were not attached to Plaintiff s Complaint. It is denied that the fact that no copies of the invoices 4 were attached is a fatal defect to the pleading. It is averred that Defendant Iafrate has a copy of the detail listing showing the various invoices and payments mad.: on the project which is attached to Plaintiff s Complaint as Exhibit B and this is sufficient to set out a cause of action for damages. Defendant Iafrate, during the course of litigation, if it is deemed relevant, can request to receive copies of the specific invoices that it has already received from Plaintiff during the course of the project. WHEREFORE, Plaintiff requests that Defendants' Preliminary Objection III be dismissed. COUNT III-UNSPECIFIED CLAIM 23. Plaintiff incorporates its answers to Paragraphs I through 22 as if set forth more fully herein. 24. Denied. It is specifically denied that Count III of Plaintiffs Complaint sets out an unspecified claim against Defendant National. Defendant National is a surety and under the terms ofthe bond its duty to pay is contained in that bond and the averments set out in Count III clearly set out its obligations therein. 25. Denied as stated. If Defendant Iafrate is suggesting that Plaintiff s Complaint has failed to aver the necessary claims to make out Count III under its Complaint, then it is denied. To the extent that Defendant Iafrate suggests that there is other spedfic language that needed to be averred by Plaintiff in its Complaint, it is specifically denied that there is any such requirement to make out a claim under Count III ofthe Complaint. 26. Denied. It is specifically denied that Plaintiff has failed to aver notice sent out to both Defendants. Attached to Plaintiffs Complaint and marked as Exhibit D was a true and 5 correct copy of a notice sent out to both Defendants. To the extent that Defendant is suggesting that Plaintiff has to make a specific averment in the Complaint using the language suggested in this averment, it is specifically denied that any such requirement t:xists. 27. Admitted in part and denied in part. It is admitted that Plaintiff has not averred the date on which it performed the last day of its labor or furnished material on the project. It is denied that Plaintiff has any requirement under Count III to make such an averment or that the lack of an averment makes the claim or cause of action defective. WHEREFORE, Plaintiff requests this Honorable Court to dismiss Preliminary Objection IV. 28. Plaintiff incorporates its answers to Paragraphs I through 27 as if set forth more fully herein. 29. Denied. The averments in this paragraph do not require an answer and therefore no response is provided. 30. Denied. It is specifically denied that the Complaint does not provide enough specificity as to warrant a preliminary objection. To the extent that the Defendants make other averments in this paragraph, they are all specifically denied. It is averred that the Complaint is sufficiently specific and complies with the applicable Rules of Civil Procedure. 31. Denied. Paragraph 31 is a legal conclusion to which no answer is required. To the extent an answer is required, it is specifically denied that the Complaint lacks specificity and all of the particulars in this averment are denied. It is averred that the Complaint clearly and concisely makes out a cause of action and is not subject to a preliminary objection on the basis of the lack of specificity. 6 32. Denied. It is specifically denied that the Complaint only has general averments concerning damages suffered. The Complaint in its totality sets out a complete and detailed claim for the alleged damages which are stated on a detail statement which is an exhibit attached to the Complaint. The detail statement sets out sufficient information that otherwise will be discoverable by the Defendants to make them aware of the claim which complies with the applicable Rules of Civil Procedure. WHEREFORE, Plaintiff requests this Honorable Court dismiss Preliminary Objection v. 33. Plaintiff incorporates its answers to Paragraphs I through 32 as if set forth more fully herein. 34. Admitted. 35. Admitted. 36. Admitted. 37. Admitted in part and denied in part. It is admitted that Plaintiff has not alleged that Defendants have a registered office in Cumberland County, Pennsylvania. It is denied that the fact that Plaintiff has not alleged that Defendants have a registered .office in Cumberland County, Pennsylvania, is fatal to this Complaint and that proper venue is in Cumberland County. 38. Admitted in part and denied in part. It is admitted that Plaintiff has not alleged that Defendants regularly conduct business in Cumberland County. It is denied that the failure to allege that the Defendants regularly conduct business in Cumberland County is somehow fatal to Plaintiffs claim that proper venue is in Cumberland County. 7 39. Denied as stated. It is specifically denied that PlaintiJfhas not alleged that the cause of action arose in Cumberland County. Plaintiff specifically avers in its Complaint that the project that is subject to the contract occurred in Cumberland County, Pennsylvania, and that Plaintiff, at the request of Defendant Iafrate, provided goods and materials to Defendant Iafrate on the project which is identified as being in Cumberland County. This is sufficient to establish a venue in Cumberland County. 40. Denied. It is specifically denied that Plaintiff has failed to allege any transaction or occurrence out of which the cause of action arose took place in Cumberland County. It is specifically averred that Plaintiffs Complaint alleges that the projl~ct occurred in Cumberland County and that Defendant Iafrate requested and Plaintiff complied with providing materials on the project which was indicated to be in Cumberland County. This is sufficient to establish venue in Cumberland County. 41. Denied. It is specifically denied that Plaintiffs Complaint is unclear in any way or that the Complaint does not indicate that labor and materials were supplied on the project which was primarily in Cumberland County. Plaintiff, in order to establish the venue, does not have to differentiate as to whether or not any materials may have been provided to Defendant Iafrate in York County and merely must establish that venue proper as a result of the fact that materials and were labor were provided on the project which was primarily in Cumberland County and that that labor and materials were provided on the project which was in Cumberland County to establish venue. 42. Denied. It is specifically denied that "a large portion of the materials provided by Plaintiff were delivered to and utilized in York County." This avennent has no factual basis and 8 is not the basis for an objection to venue. It is averred that venue is properly in Cumberland County because the project as defined in the Complaint was in Cumberland County and goods and materials were provided to Defendant Iafrate in Cumberland County. To the extent that some goods and materials may have ended up on the project in York County would not defeat a proper venue being in Cumberland County but would merely indicate that York or Cumberland County may be the proper place of venue. WHEREFORE, Plaintiff requests this Honorable Court dismiss Preliminary Objection VI on the basis of improper venue. 43. Plaintiff incorporates its answers to Paragraphs I through 42 as if set forth more fully herein. 44. Admitted. 45. Denied. It is specifically denied that Plaintiffs claim for damages are a request for unliquidated damages and the rest of the averment is specifically d'~nied. It is averred that the Complaint clearly sets out the basis by which it came up with the measure of damages, specifically on Exhibit D which outlines the amount paid by Defendant Iafrate on each respective invoice and the amount left due and owing. 46. Denied. Paragraph 46 is a legal conclusion to which no answer is required. It is specifically denied that this is a claim for unliquidated damages. 47. Denied. Paragraph 47 is a legal conclusion to which no answer is required. 9 WHEREFORE, Plaintiff requests this Honorable Court dismiss Preliminary Objection VII. Respectfully submitted, f'}t] 'ylr7 (J MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, P A 17011 (717) 730-7310 Supreme Court ID #41263 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Plaintiffs Answer to Defendants' Preliminary Objections by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Jason P. Kutulakis, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, P A 17013 DATE: 'oS t /~ Qlf /J7b WENDY S CHESBRO Legal Assi ant II r-.;" () ~~.;~ ~~. , .'.1" '- :r~<' .;:;;.~~ \"., (.,.1'\ -() ?;:. ,,;.? o ..J - MICHAEL L. BANGS, ESQUIRE LD. No. 41263 429 South 18th Street Camp Hill, P A 170 II (717) 730-7310 ATTORNEY FOR PLAINTIFF PRAECIPE FOR LISTING CASE Fo.R ARGUMENT (must be typewritten and submitted! in duplicate) TO THE PRo.THONOTARY: Please list the within matter for the next: (check one) (see local rule of court #12 for proper forum) x Pre-Trial Argument Court Argument Court CAPTIo.N OF CASE (entire caption must be stated in full) HEMPT BRo.S., INC. Plaintiff DOCKET NO. 2004-6496 CIVIL TERM vs. ANGELO. IAFRATE Co.NSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants I. State matter to be argued (i.e. Plaintiff's motion for new trial, Defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiffs Complaint. 2. IdentifY counsel who will argue case: (a) for Plaintiff: Michael L. Bangs, Esquire, 429 South 18th Street, Camp Hill, PA 17011. (b) for Defendant: Jason P. Kutulakis, 36 South Hanover Street, Carlisle, PA 17013. \ /~ 11, / .r) Vv lJ\/t [ Attorney for Plaintiff /<><j ) / / Date: / ~ 1-/ (0 S- f , ./ . (" .-,:)Ci 0,;.~' ~, ":Y,\, r'o ~. '(~~~',- -~~~ ..~;~ o ~.~ ,.., c:~ ,~ ~f''' v' -:;;- :;;c;. ," t1\ -C\ -j::. ~\ -.\ -):~""'i) ~"\'f"" .<,,~1\ ~'~ ,'-( ';i"",>-' '-;.-~\;-~. ~~~:{~\. ~~.:::,f' .. ,.---:' t'-' .- <3 '{s: ABOM & KCfTULAlU5, LLP 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 HEMPT BROS., INC., Plaintiff v. ANGELO IAFRATE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2004-6496 CIVIL TERM : CIVIL ACTION -LAW PRAECIPE TO ATTACH EXHIBIT Please attach the following Exhibit "A" to Defendants' Preliminary Objections filed in this matter on January 19, 2005. - JtUUlt12J ;?~) .;?ar~ Date / Respectfully submitted, ABOM & KUTlULAKIS, LLP -0--- ? '?f-uJ~ ! I ry Michael T. Traxler Attorney J.D. 90961 36 South Hanov,er Street Carlisle, P A 17013 Q "'.> CJ , ." , ;: ~'n , , C:-J .--1 -,., , ..,.. 'T1 r' ; fii ,'~;;:' - C""; ,-~-; -.'/ .-." -'," r" (:' If; 0 ~.~ CoO) . .':.- , i ,- ~.. ." - -. 11 -') :;;,~ ,-' ~'~:.. ,- ; ~;: i-_) -I j"i " , - ~ - ~:-.J c , ::n -, C~; - MICHAEL L. BANGS, ESQUIRE !.D. NO. 41263 429 SOUTH lSTlI STREET CAMP HILL, P A 17011 (717) 730-7310 HEMPT BROS., INC., ) Plaintiff ) ) vs. ) ) ANGELO IAFRATE CONSTRUCTION ) COMPANY and NATIONAL FIRE ) INSURANCE COMPANY OF ) HARTFORD, ) Defendants ) NOTICE ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 2004 -!,;.4Q 1,.0 CIVIL TERM lUR Y TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to d(~fend 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 ajudgment may be entered against you by thc 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 PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE 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, Pennsylvania 17013 Telephone: (717) 249-3166 1;1 T~tJ~ CDtly r:" . :".-"".-,.J",\ ~.' "'~" iCJ ':.:'~~ ,_:';.,::" ~"'~'" ':"'1..<: ':'.'1' ;:~~WU I i)k.~ jpl.,l~ ----:-- .;, '"",) Pi! ( ~".__.._..,' :':. Jl_ f. ~~'2-~~rl~ c~':.'"~~.,,"" t';-"""j""")''':'''''H . ....",~ .." 'j MICHAEL L. BANGS, ESQUIRE LD. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) Plaintiff ) ) vs. ) ) ANGELO IAFRATE CONSTRUCTION ) COMPANY and NATIONAL FIRE ) INSURANCE COMPANY OF ) HARTFORD, ) Defendants ) ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AcnON - LAW NO. 2004 - CIVIL TERM JUR Y TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its attorney, Michael L. Bangs, Esquire, and files the following Complaint: I. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Angelo Iafrate Construction Company is a Michigan corporation with its principal place of business at 26400 Sherwood, Warren, Michigan, 48091 (hereinafter "Iafrate"). 3. Defendant, National Fire Insurance Company of Hartford is a Connecticut corporation with its prillcipal place of business at CN Plaza, 333 South Wabash Avellue, Chicago, Illinois, 60685 (hereinafter "Surety"). 4. Iafrate was the. general contractor for a highway project located on SR 15, Section A- 12, in Cumberland County, Pennsylvania (hereinafter "Project"). 5. Plaintiff is in the business, among other things, of supplying material, labor and equipment for use in the eonstruction of highway projects. 6. Iafrate contacted Plaintiff and requested that Plaintiff provide certain goods, materials and the hauling of certain materials for use by Iafrate on the Project. 7. Plaintiff and Iafrate entered into a subcontract agreement which was a "unit price agreement" for the various goods, materials and the hauling of th,~ materials for use by Iafrate on the Project. Attached hereto and marked as Exhibit A is a true and correct copy of the subcontract agreement. 8. Iafrate ordered certain materials in accordance with the: terms and conditions of the unit price agreement from Plaintiff and was invoiced by Plaintiff for that material on a regular basis. Attached hereto and marked as Exhibit B is a true and correct copy of a detail statement from Plaintiff which outlines each invoice sent, tl1e amount invoic:ed, the amount paid, and the amount due and owing. 9. All of the goods and materials indicated on the invoices and hauling services performed by Plaintiff on the invoices represent the true and accw:ate amounts of the goods and materials referenced therein and received by Iafrate, as well as accurately reflecting the hauling services,used by Iafrate and performed by Plaintiff. 2 COUNT I HEMPT BROS.. INC.. vs. ANGELO IAFRATE CONSTRUCTION COMPANY BREACH OF CONTRACT 10. Paragraphs I through 9 are incorporated herein by re:ference as if more fully set forth. II. Iafrate agreed to pay the costs for the goods, materials and hauling services as referenced on the invoices. 12. Iafrate has failed or refused to pay all ofthe invoices leaving an outstanding balance due to Plaintiff. 13. Plaintiff has contacted Iafrate on numerous occasions and requested payment in full of the outstanding invoices. 14. Plaintiff has full and truly performed its obligations under the agreement in that it delivered the goods and materials ordered by Iafrate and used on the Project and provided hauling services in accordance with those ordered by Iafrate. 15. Iafrate accepted all of the goods and materials referenced on the invoices and accepted the hauling services provided by Plaintiff referenced on the invoices. 16. Iafrate has breached the terms of the agreement between the parties by its failure to pay for the goods and materials received pursuant to the terms and conditions of the invoices. 17. Iafrate accepted and received all of the goods and material ordered from Plaintiff and referenced on the invoices. 3 18. All of the goods, materials and hauling services provided by Plaintiff were done at the insistence or request of the agents, servants, and employees of Iafrate, acting within the scope of their employment. 19. Plaintiff has been damaged in the amount of $34,665.17 as a result of Iafrate's failure to pay all outstanding invoices in accordance with their terms. 20. Plaintiff is entitled to receive interest at the rate of onl~ (I %) percent per month for all invoices due over 30 days as a result of Iaftate's failure to pay for the goods, materials and hauling services received in accordance with the terms and conditions of the invoices. WHEREFORE, Plaintiff demands judgment against Iafrate in the amount of $34,665.17, plus interest at the ratc of one (I %) percent per month for all outstanding invoices due over 30 days until the time of judgment in this case, plus costs of suit. COUNT II HEMPT BROS.. INC. vs ANGELO IAFRATE CONSTRUCTION COMPANY UNJUST ENRICHMENT 21. Paragraphs I through 20 are incorporated herein by reference as if more fully set forth. 22. The prices charged for the goods, materials, and hauling services provided by PlaintifT to Iafrate are just and reasonable and are the prices which the agents, servants and employees ofIafrate, acting within the scope oftheir employment, and in accordance with the purchase orders, agreed to pay for those goods, materials and hauling services. 4 23. Iafrate has failed or refused to pay for the goods, materials and hauling services received by Iafrate despite repeated demands by Plaintiff 24. Iafrate has been unjustly enriched at Plaintiffs expense by its failure to pay for the goods, materials and hauling services it has received in the amount of $34,665.17, plus interest at the rate of one (I %) percent per month for all outstanding invoices due over 30 days. WHEREFORE, Plaintiff demands judgment against Iafrate in the amount of $34,665.17, plus interest at the rate of one (I %) percent per month for all outstanding invoices due over 30 days until the time of judgment in this case, plus costs of suit. COUNT III HEMPT BROS.. INC. vs. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 25. Paragraphs I through 9 are incorporated herein by ref,:rence as if more fully set forth. 26. Surety provided a certain payment bond to secure payment to all entities that provided materials and services used on the Project. Attached herl~to and marked as Exhibit C is a true and correct copy of the payment bond. 27. Plaintiff has made a demand upon the Surety to make payment of the amowlts duc and owing PlaintitTby Iafrate on the Project in accordance with the terms of the payment bond. Attached hereto and marked as Exhibit D is a true and correct copy of the demand. 28. Surety has failed or refused to make payment on the claim. 29. Surely has breached its duty to provide payment under the payment bond as a result of its failure to make payment for the goods, materials and hauling services supplicd by Plaintiff on thc Project. 5 30. Surety has an obligation under the payment bond to make payment since Iafrate has failed or refused to pay Plaintifffor the goods, materials and hauling services supplied by Plaintiff on the Project. 31. Plaintiff has been damaged in the amount of $34,665.17 as a result of the failure of Surety to make payment on the payment bond and in accordance with its terms. 32. Plaintiff is entitled to receive interest at the rate of one (1 %) percent per month for all invoices due over 30 days as a result of Surety's failure to pay for the goods, materials and hauling services received in accordance with the terms and conditions of the invoices. WHEREFORE, Plaintiff demands judgment against Sun:ty in the amount of $34,665.17, plus interest at the rate of one (1 %) percent per month for all outstanding invoices due over 30 days until the time of judgment in this case, plus costs of suit. Respectfully submitted, (~I ~( d((j1~ V ' fjLl~fi.~ MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Stre"t Camp Hill, PA 170] I (717) 730-7310 Supreme Court ID #41263 6 VERIFICATION MAX J. HEMPT, being duly sworn according to law, deposes and says that he is the Vice President ofHempt Bros., Inc., a Pennsylvania corporation, the Plaintiff herein, and that as such Vice President, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. f>1 AAtJ( "f, {-/tJUpI- (MAX J. HEMPT ANGELO IAFRATE CONSTRUCTION COMPANY SHORT.FORM SUBCONTRACT AGREEMENT Subcontract Number 20007.S020 This Subcontract Agreement, entered into between, Angelo Iafrate Construction Company (Prime Contractor), 317 Thomson PaJi< Drive. Cranberry Township, Pennsylvania 16066. and Hemot Bros. Inc. (Subcontractor), address 205 Creek Road, Camp Hill, PA 17011 dated Mav 31. 2002 project name Cumberland County project owner/owner's agent Commonwealth of PA. Deoartment of Transportation project number CONTRACT # 082109 , Alec job number 20007 Subconrractor agrees to furnish all labor. equipment and material necessary to complete the foJlowing, ASPHALT PAVING Prlcln<t; (see attached Schedule Al This is a LUMP SUM agreement. The price for aU work above Is $ .L This is a UNIT PRICE agreement. Quantities will be verified upon completion '::Jf the work. Payment shall be determined by extending verified quantIties at unit priess stated an the attached Schedule A. This is a TIME AND MATERIAL agreement. Payment shall be determined by extending verified units at rates and prices stated on the attached Schedule MA~. SCHEDULE Subcontractor agrees that tIme Is of the essence In this Subcontract and that work shall begin by and be completed on or before the date(s) specified below. As scheduled bv Anaelo Iafrate Construction Company Project Mal1a<ter THE CONTRACT DOCUMENTS constituting the Subcontract consist at: General Terms and Conditions; Pricing Schedule A: Indemnity, Insurance and Waiver of Subrogation Exhibit A: OSHA'S Hazard Communication Standard llttter (29CFR 1910.1200), Subcontractor's Release ef Lten: PrevaJling Wage Rates -General Wage Dedsion No.990004 (6130/00); SPECtAL TERMS AND CONDITIONS Payment terms shall be approximate Iv ten (10) days after Prime Contractor receives payment from the Owner. IN WITNESS WHEREOF, the-parties hereto have set their hands the day and year first above written. Witnesses; Accepted by PrIme Contractor: ~nQelo Iafrate Construction Comoanv By: By: Title: Title: Date: Accepted by Subcontractor: By: Ti,!e: (Typed Name of Subcontractor) Subcontractor is: By: ) Sole Proprietor -'-j Partnership (__~ CorporatJon TItle: Date: Subcontractor's Federal 1.0. No.: Schedule A Hemt Bros. Inc. Subcontractor for Asphalt Paving 20007.5020 1.0. # 508157 Phase Code 8530 LINE PENNDOT ITEM NUMBER DESCRIPTION UNIT QTY. UNIT PRICE EXTENSION 1 2460-0002 Bituminous Tack Coat L 2,000 $ 2.00 $ 4.000.00 2 2608~0001 Mobilization EA 4 $ 1,500.00 $ 6,000.00 3 9305-0003 37.5mm Base 175mm Depth m2 10,000 $ 21.00 $ 210,000.00 4 9420-0001 12.5mm Wearing "E" 40mm Depth 76-22 m2 6,700 $ 6.75 $ 45,225.00 5 9420-0003 9.5mm Wearing "H" 40mm Depth 76-22 m2 10,000 $ 4.70 $ 47,000.00 6 9420-0013 9.Smm Wearing "G" 40mm Depth 64-22 m2 8,000 $ 6.t5 $ 49,200.00 7 9421-0002 19mm Binder SOmm Depth 64-22 m2 10,000 $ 7.00 $ 70,000.00 l 8 4101-10 MII/ing 10" Temporary Blacktop m2 44,858 $ 4.15 $ 186,160.70 j TOTAl. $ 617,585.70 NOTE: This Is a Unit Price Contract. Quantltles may vary with no change to the UnIt PrIce. The following items clarify the Subcontractor's Scope of Work: (1) Excludes subbase. (2) No maintenance & protection of traffic. (3) Excludes excavation. (4) No shoulder back-up. (5) No finegrading. (6) Subbase within +/- 1/2" (7) All manhoies and Inlets adjusted by others. (8) All 10" temporary biacktop material that requires milling by the Contractor, will be paid under Line item #8 above. Millings will be hauled away by Hempt Bros. Inc. at no additional cost to the Contractor and will become the property of Hempt Bros. Inc. (9) Broomlng of roadway by others. (10) Hempt Bros. Inc. will seal joints for their work. (11) Cores taken by Hemp! Bros. Inc. (12) No union conn/cts. (13) No cleanup after milling 10" depth. ANGELO IAFRATE CONSTRUCTION COMPANY SHORT-FORM SUBCONTRACT AGREEMENT - GENERAL TERMS AND CONDITIONS PAYMENT AND RELEASE Subcontractor agrees to accept as complete and final, amounts and quantities agreed upon. and Subcontractor shall have no further claims against Prime Contractor whatsoever. Final payment to Subcontractor shall not be made until work done by Subcontract is approved by Owner/Owner's Agent and/or any other agent whose approval is required for payment of said work. S\..lbcontractor agrees to reimburse Prime Contractor for any overpaymelnt, which Prime Conlractor might make to Subcontractor, regardless of how overpayment arises. PAYMENT OF SUBCONTRACTORS, MATERIALMEN, SUPPLIERS AND LABORERS Subcontractor shall make timely payments to all sub-subcontractors. materialmen. suppliers or laborers providing work to thE~ project and shall protect and save harmless Prime Contractor and OWner/Owner's Agent from all claims. encumbrances. and liens growing out of performance of this Subcontract. Subcontractor shall be responsible for the full amount of any expense, including actual attorney fees. that Prime Contractor incurs In regard to claims. encumbrance and/or liens paid on Subcontractor's behalf. In case suit to establish Jien is brought or claim is made to collect on any bond, by any person or persons, corporation. or other entity, employed by, or furnishing materials. or services to, or for Subcontral:tor, Subcontractor expressly agrees to undertake the defense of any such suit or claim determined to be due and owing and to otherwise indemnify and hold Prime Comraclor and/or its Surety fully and completely harmless from any such suit or claim. FAILURE OR REFUSAL TO PERFORM Subcontractor shall be liable for any and all damages, penalties. and other llabilltles. including attorney fees, incurred by Prime Contractor, resulting from Subcontractor's failure to refusal to fully perform any terms or condiUons of Subcontract Agreement. In the event of default or breach by Subcontractor of any oblig3tion(s) contained herein, Prime Contractor may declare the entire Subcontract to be in default and therefore terminated. Prime Contractor may then complete said work or employ others to complete said work. and Subcontractor shall be liable for any and all costs of completion, which, to the extenl available, may be deducted from monies due Subcontractor. PAYMENT NOT EVIDENCE OF PERFORMANCE Payment by Prime Contrac10r in whole or In part shall in no way be construed to be an acceptance of defective worK or of improper materials, and shall In no way r'31ieve Subcontractor for the obligaUon to perform the work in accordance with the requirements and specification of the Owner/Owm!r's Agent. ~ ADDITIONAL WORK All additional work or changes in the work to be performed by Subcontractor shall be negotiated directly With Prime Contractor. All work authorlzatfons or change orders shall be in writing and shall be agreed to by both parties prior to commencement of the referenced work. COMPLIANCE WITH LAWS Subcontractor agrees to perform work in compliance with aJllaws and regulations. Federal, State and Local, which apply with respect to the work herein required, including, but not IimitEtd to Equal Employment Opportunity and Affirmative ActIon. Subcontractor is responsible (or compliance with all safely and health rules and regulations of the Federal Safety and Health Act of 1970, MIOSHA. and any other agency with jurisdiction over the work. during conduct ot Subcontractor's work on and in connection with the project. Subcontractor shall indemnify Prime Contractor for all fines, penalties and corrective meaSLJ~es that result from any act of omission or commission by Subcontractor, It's agents, employees, and assigns, which fail to comply with such safety and health rules and regulations. LICENSES AND PERMITS Subcontractor agrees to procure aU necessary permits and licenses to carry on the work covered by this Subcontract in accordance with all Federal, State and Local laws where the work is pertormed. Subcontractor agrees to pay aJltaxes imposed by Federal, State. County City or any other taxing body associated with the items of work under this Subcontract. INDEMNIFICATION Subcontractor shall provide certificates of insurance as evidence that it carries Workmen's Compensation, Employers Liability, Public liability. Auto Liability, and Comprehensive General Per:~onal and Property Damage Liability Insurance, with limits satisfactory to Prime Contractor. Said certificates shall provide !hal thirty (30) days advance notice of expiratlon. change or termination. Subcontractor agrees to hold harmless (including costs an attorney fens) and protect prime Contractor and Owner/Owner's Agent against all suits and claims for all damage or injury to any person or property arising out of or reiatlng to any of Subcontractor's work. materials, suppliers. subcontractor. employees or any other s.Qurce. COMPLIANCE WITHUNION AGREEMENTS Subcontractor acknowledges recerpt of a copy of wage agreements applicable to the project. In [he event Subcontractor is not a party to said agreements, Subcontractor nonetheless agrees to observe the wage rates. hours and working conditions as provided therein, except the provision relating to union recognition, when performing work covered by this Subcontract Agreement. MISCELLANEOUS PROVISIONS Subcontractor agrees to perform its work in a manner. which will in no way intertere with !~le orogress of Prime Contractor's work. The terms and provision of this Subcontract Agreement represent a complete and Full integrated understanding of the parties and is intended to, and does incorporate, and supersede aU previous negations written, or oral. and may not be altered, chanaed. amendec. 'Or modified, except by an agreement ill wrilrng signed by the partIes. - Subcontractor agrees that work may be carried out under hazardous condition. Sub,:onlractor agrees Ihal Prime Contractor will have no Iiaolli!y for errors or omIssions in the performance of traffic maintenance work by Prime Contractor in the area of Subconlractor's work. Exhibit "A" INDEMNITY, INSURANCE AND WAIVER OF SUIBROGATION 1.1 INDEMNITY: It is expressly agreed and understood that, to the fullest extent permitted by law, the Subcontractor shall indemnify. protect. defend, and save harmless, Owner and Contractor (including their officers. agents, employees, parents and subsidiaries) from any and all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, judgments or any demands whatsoever, including prejudgment interest, ettomey's fees, expert wllnes!i fees and all other expert and professional fees and expenses ("Claim(s)"), based on or resulting from any personal injury, incfucllng, but not by way of limitation, bodily Injury, emotional Injury, sickness or disease, or death to any person (Including but not Iimite,j to agenls and employees of the Subcontractor. Owner, Contractor or other subcontractor) or damage to property of anyone (Including loss of use thereof), which Injury, sickness, death or damage results from, arises out of or is in any way connected with lhe performancEl of this Subcontract. Subcontracto(s obligations under this paragraph shall apply whether the Claim is caused or alleged to b. caused by any active or passive act or omission of the Contractor, Owner or other party indemnified hereunder, provided however, that the Subcontractor shall not be obligated to indemnify for those claims which arise from the sole negligence or willful misconduct of the Owner, Contractor or their agents, servants or independent conlractors (other than Subcontractor) who are directly responsible to the Contractor or Owner. These obligations shall not be interpreted to reduce or negate any other rights or obligations of indemnity othelWi:se existing with regard as to any party or p6rson described in this Article. 1.2 NO UMIT A TION ON UABIUTY: In any and all claims against the Indemnitees by any employee of the Subcontractor, anyone directly or Indirectly employed by the Subcontractor or anyone for whose acts the Subcontractor may be liable, the indemnification obligation shall not be limited in any way by any limitation on lhe amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers' compensation acts. disability benefits acts or other employee benefit acts. 1.3 SUBCONTRACTOR'S INSURANCE: The Subcontractor shall purchase and maintain insurance during the pendency of the Subcontract (including warranty periods) in amounts equal to lhe requirements set forth In (a) through (c) below, and as set forth in this S.ubcontract and shall not commence work under this Contract until all insurance required under this paragraph is obtained In a form acceptable to the Contractor, nor shall the Subcontractor allow any sub-subcontractcl' to commence work on a subcontract until all insurance required of the subcontractor has been obtained. (a) WORKERS' COMPENSATION INSURANCE as required by the Commonwealth of Pennsylvania including employers liability insurance with a minimum limit of $500,000/500.000/500,000. Such Workers' Compensation Insurance shaH be endorsed to provide for a waiver of subrogation against the Owner and provIde the altemate employer's endors,ament to the Contractor. (b) COMMERCIAL GENERAL UABILITY INSURANCE written on an occurrence basie providing the following minimum Iimlls of liability: Combined single limit of $4.0 million for Bodily Injury, Death and Property D"mage. or alternatively, $2.0 million aggregate separate far this project. The insurance shall include coverage for each of the following hazards: Premls8s-operations. Owners and Contractors Protective. Contractual covering the indemnity provisions of this Contract. Products and/or Completed Operations. Property Damage arising out of explosion, collapse or underground damage. Broad Form Property Damage. Severability of Interest or Cross Liability. Personal Injury-with the "Employee~ Exclusion deleted. Demolillon Exclusion deleted. (c) BUSINESS AUTO L1ABfLITY INSURANCE on a comprehensive form covering all owned, non~owned and hired automobiles ')roviding the following minimum limits of liability: Combined single limit of liability 01 $4 million Bodliy injury, Death and Property D"mage, or alternatively $2.0 million aggregate, separate for this project. (d) The insurance provided for in paragraphs a), b), and c). above. are subject to the following additional condilions: ,. The insurance provided for in a), b), and c) above shall be issued by fnsuranGe companies acceptable to the Contractor and shall be licensed by the Commonweaith of Pennsylvania do business on the lines of insurance specified. Each policy shall include a waiver of subrogation against Owner and Contractor. 2. The minimum limits of Commercial General liability and Business Auto Liability Insurance required, as set forth in Subparagraphs b) and c) above, shall be provided by either a single pOlicy of primary imiurance or a combination of policies of primary, umbrella and excess cQverage. Umbrella and/or excess liability coverage shall be issuod with limits of liability which. when combined with the primary insurance, will equal the minimum limits for Commercial General Uablll~{ and Business Auto Liability. 3. Any costs associated with a self.insured program, deductlbles or premium r:3ting programs that determine premium based on loss experience shall be for the account of the Subcontractor. The Contractor and Owner shall not be required to participate in any such loss. If any such programs exist, the Subcontractor agrees to protect and defend the Contractor in the same manner as if such cost provisions were not applicable. 4. The Subcontractor shall be responsible to establish insurance requiremeints for any sub~subcontractors hired by the Subcontractor. The insurance shall be in amounts and types reasonable sufficient to deal with the risk of loss involving the sub- subcontractor's operations and work. The sub-subcontractors of all tiers shall name the Owner and Contractor as an additionallnsured under each required insurance policy and each insurance polley shall Include a written waiver of subrogation rights with respect to the Owner and Contractor. 5. The Subcontractor shall present at the tlme of execution of the Subcontract the original policies of insurance (If requested by the Contractor) and certificates of insurance and endorsements attached to those tl1at effect the coverage provided hereunder. evidencing such coverage is in' force and complies with the terms and conditions outlinec herein. 6. AU insurance policies or evidence of the insurance required of the Subcontractor and sub-subcontractors of any tier shall provide that insurance required of Subcontractor is primary and non-contributory to any similar coverage carried by Owner or Contractor or any other party indemnified hereunder, despite any conflIcting proVisions 111 Subcontractor's poliCies to the contrary. The ?wner and Contractor shall not by any reason of inclusion as a joint insured or as an additional insured under any of the Subcontractor's insurance Incur any liability to insurance carriers for the payment of premium. 7. Each such policy of Commercial General Liability and Business Auto Li~lbility Insurance shall contain endorsements providing the followIng: Angelo Iafrate Construction Company, Angelo's Crushed Concrete, Inc, and Denton Acquisition Company. LLC, its directors, officers. affiliates. divisions, subsidiaries, agents. consultants, and employee,s. and the Commonwealth of Pennsylvania, Department of Transportation and all public agencies from whom permits wlll bH obtained and their dIrectors, officers. agents and employees are hereby declared to be additional insureds under the terms of this polley. That this insurance polley is primary insurance and no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said polley. 8. The insurers must have an ~A" policyholder's rating and a financial rating of at least Class VII in accordance with the most current Best's Guide Rating furnished. 1.4 NUMBER OF POLICIES: Commercial General Liability Insurance and other liability insurance may be arranged under a single policy for the full limits required or by a 7combination of underlying policies with tnl3 balance provided by an Excess or Umbrella Liability Policy. 1.5 CANCELLATION, RENEWAL AND MODiFICATION: The policies shall contain a provision that coverage will not be canceled or not renewed until at least thirty (3D) days prior written notice has been given to the Contractor. Certificates of insurance showing required coverage to be in force and containing the endorsement set forth In paragraph 9.2.7. above shalf be filed with the Contractor prior to commencement of the Subcontractor's Work. In the event the $IJbcontractor fails to obtain or maintain any insurance coverage required under this Agreement, the Contractor may purchase such coverage as desired for the Contractor's benefit and charge the expense to the Subcontractor. or terminate this Agreement. 1.6 WAIVER OF SUBROGATION: The Contractor and Subcontractor waive all rights against each other and the Owner and any of their respective consultants, subcontractors. and sub~subcontractors, agents and employees. for damages caused by perils to the extent cQvered by the proceeds of the insurance provided herein, except such rights as they may have to the insurance proceeds. The Subcontractor shall require similar waivers from its subcontractors. . ,7 ENDORSEMENT: if the poricies of inSu(8nCe referred to 10 this Article require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause thl!!m to be so endorsed. SUBCONTRACTOR'S RELEASE OF LIEN CLAIMS AS OF THE day of ANGELO IAFRATE CONSTRUCTION COMPANY, PROJECT NO. KNOWN ALL MEN BY THESE PRESENTS, THAT: 2000. Whereas ("Subcontractor"), a business having its principal office at Angelo iafrate C(lnstruction Company, ("Contractor") having theretofore entered into a certain contract (the "Contract"), relating to the fumishing of materials, labor andlor equipment (the "Project"), located at NOW, THEREFORE, for and in consideration of the sum of Dollars ($ ) paid by Contractor to Subcontractor, which sum represEmts the full amount due to Subcontractor as of PDOT , less and except that retention in the amount of $ still being withheld by the Contractor, all under and pursuant to the above r"ferenced Contract, Subcontractor does hereby: 1. CERTIFY to Contractor that all persons, firms, unions, associations, corporations, or other entities furnishing labor, materials, equipment, or supplies to Subcontractor with the respect to the Contract have been paid In full as of the date set out above except the following: (attach additional page, if necessary) and; 2. REMISE, release, waive, relinqUish and forever quitclaim unto Contlractor, its successors and assigns, any and all manner of liens, claims or demands whatsoever which against Owner, the Subcontractor ever had. now has or which it or its successors or assigns hereafter can, shall or may have upon any.portlon of the lands of Owner or the building thereon standing, for labor, material or equipment furnished under the Contract, as of the date set out above, and; 3. FURTHER REMISE, release and forever discharge Contractor, its successors and assigns of and from any and all manner of liens, claims, demands, and causes of action whatsoever against Contractor which Subcontractor ever had, now has, or which it or its successors or assigns hereafter can, shall or may have for, upon or by reason of any matter, cause enything whatsoever ari:;ing under or out of the Contract as of the date set out above, except as to the following specific liens, claims, demands and causes of actions: (attach additional page, if necessary) and; 4. AGREE to indemnify and save harmless Contractor, its successors, or assigns, against all loss, cost, damage or expense by reason of any and all manner of liens, ciaims or demands which anyone may have for labor performed, or for material or equipment furnished under the contract as of the dale set out above. IN WITNESS WHEREOF, Subcontractor has duly caused and these pre,;ents to be signed and attested by its duly authorized owner, partner or officer (and, if a corporation, its corporate seal to be hereunto affixed) on the day of 20_. Subcontractor BY SWORN to before me this TITLE day of ,20_. NOTARY PUBliC (notary seal I Angelo Iafrate Construction Company A Northern Division 6375 Baseshore Road, Suite 6 . Mechanicsburg, PA 17050 Phone: (717) 796-7025 Fax: (717) 796.7029 Hempt Bros. Inc. Subcontract Number 20007.S020 ATTENTION ALL SUBCONTRACTORS: OSHA'S HAZARD Communication Standard Letter (29CFR 1910.1200) requires that we inform you of the chemical materials employees may come in contact with on our job sites. This list is posted on the job site bulletin Board. Our MSDS file may be found in the job site Field Office and will be made available to you and/or your employees upon request. It will be your re,sponsibility to instruct your employees of the hazards associated with these materials. In addition, the Occupations Safety and Health Administration requires that subcontractors or vendors furnish MSDS sheets for all classified materials used in the construction of this project. We request that all MSDS sheets be sent to the job site at the address below. If the Angelo Iafrate Construction Company is issued a fine" as a result of an OSHA inspection, in which the OSHA inspector determines your company is using or has used any item(s) requiring a MSDS sheet, and you have not supplied Angelo Iafrate Construction Company with that sheet or for any other OSHA violation by your personnel, the amount of the fine will be deducted from the contract amount. Authorized Signature Date Company Name Address .4N EQUAL OPPORTUNID' EMPWYER SR 0015-A12 Cumberland County CMS No. 082109 Subcontract No. 20007.S020 Hempt Brcs.. Inc. INVOICE # INVOICE AMOUNT AMOUNT PAID BALANCE DUE 1 $147,637.48 $147,637,48 $0.00 2 $91,662.77 $91,662.77 $0.00 3 $56,652.03 $54,023.92 $2,628.11 4 $3,055.94 $4,126.93 -$1,070.99 5 $6,408.12 $6,408.12 $0.00 6 $1,442.92 $0.00 $1,442.92 7 $19,069.20 $22,059.99 -$2,990.79 8 $47,827.35 $47,827.35 $0.00 9 $4,026.96 $0.00 $4,026.96 10 $178,738.83 $175,260.30 $3,478.53 11 $112,628.69 $110,687.69 $1,941.00 12 $88,923.60 $58,671.10 $30,252.50 13 $105,333.28 $105,333.2a $0.00 14 $98,405.72 $104,335.1'7 -$5,929.45 15 $48,687.55 $50,187.5:5 . -$1,500.00 16 $45,912.26 $45,746.26 $166.01 17 $2,488.84 $2,488.84 $0.00 18 $48,101.85 $45,881.4a $2.220.37 . $0.00 $1,107,003.39 $1,072,338.22 $34,665.17 12/15/2004 I- . ,- , -I' '. ,I" (iJ.... :;Y,"- ft. I; ill'" ~/;T I{" l ..""',. ~..... ~~;1?_.__71.Z7~1~6~5 HEr'!I'T E:c"::', : .: ..... .... ..v....:.. ... --~....,.... ,~- .. ~ . ,j:- 'l:!.I"U": -"'""";;,-~ PAYMEIH llOlID 929162933 BOMD 110. :.. KNOW A~~ MEN BY THESE PRESENTS, ~'~Angela Ia~rata Con$t~uctioM Caapany , of 26409 Sherwood Wa~~.~. M~chig3n 48091 ThGllt \lie, D/B/A Dentan Cot"l.:struct.; or ~:O"f'q',~' AS PRIHCIPA~, and Nadan..;L Fire Insttr:m.ee' "",,",anv af ~~:t;fgr~ __ Ch:l.ealto. .1!.- ____.__. i. SURETY h 'd and ~i"..ly bound IJn.b, the ~:ofllrt1Cln' ~ cor~Gra~ on, .8 J or. e~ . we:d-t'h ~f P.nn.s:ylvoania in th. Tull and ",;ust .sum o-f i:'Wen-ty-one m.i.l:.i3rl -three hundl:"8d bren'br"...nino thou&~d fi'fty-~ix ;:;u,d 55/100.____ doll.j.lr >; ($_21,329105&.55_), lau,,"ul mQn!!y o'f the Uni tlid states ~., Aml!!l~ici~. to b.e p..id to the said Co",,"onw..li:h 0" P",nruylv.ani.a, or :tt Q!ll!';:tsn.'!;, to which pa~nt well and truly to b. made. we bind oUr$~lves, O~, .h.ir~J aXAcu~Or., .dM1nist~a~o~s, and suceessors~ jain~ly mncl s~v.rQlly~ ~!rMly by th... pr.esents. -, Saalad wi~ aur resP.etive'se81. and dated this --i__ day n1 .4q",L A.D. 20-<20 WHEREAS, ThA above bounden PRINCIPAL ~as undertak~n to eOMtr.c~ with the said Commanw4alth of Penn~lv~niBj by and through -the Secrei:a,.y aT T....:;ansport~tion c::ove,.in9 the war'le id..n"ti.pied below. Tor .PD,.oxill~t.ly th4t .um Of __tw.n1:y.'onp cni 11 i,o:Jn __ three nLlndred tw4!.nty-nine thou.send f:i..,-ty"'six IInd 5S/1DO_____._._c1oj l.:.r$ .. (t_Zl,3Z9 ,056.55_'. F.~ the imp~ov"lIIOnt O'f' .. c..ddn SecUol:I 0-1' ST ATEHIGHW~,Y ;n CUMBERLANT COUNTY 'UPPER ALLER TOWNSHIP'and YORK COUNTY, CARROll TOWNSHIP, Common~~altn e1 Pennsylvonia, STAtE ROUTe 0015 SECTIDN A12 .nd STATE RaUTE Z004 SECTIO~ 003. alsD STATE ROUTE 8047, This proja.:'-t: begin$! :in York CQun.-b.I., Ca"',..all To\>m!>:hip, .~~raxim_t41~ O.194'kilom.tQ~ south of ~n. bridge ov.r the Yellow B~~@ches C~e.k at Staticn 9+305.000 (Seg~ent 016D O~f$et 1085 nc"thbouno. ,eqnert 0161 Offsatl036 sDUthbound) and ends i.n Cumbt!!lrland Caun~J Upper ,ille,. ~.(t"""'shir.. OIoprax:im.-.t.ly 3'6.0 'metAl'S A>o-uth o-f the bridg6 ()VI!,U''' T"'~rf"ic R.ou1: It 1 J 4 _t ~:i't:ab. or; ~3+391.000 (S......*'1-1: 0050 O.ffs..'!: Z749 no~thbcund. S..g....nt 006J )11'''B'' 01 n s:ou1:hbaund>'. Also, incltlder.l are the eonnQt<<:"l:ion~ o-f! S"tat. RI':n..~1!' 2004 -to "he included in~erch.ng.. Also includ~d are tho reloe~tian OT tow~$hj~ ra~d~. ThA wark cons,ists of a cOllfJJ1Qt~ r-.h:jlbilitatio.,. o-F this sAd:iof'l of lighw:w jMvol....i..jll new construction, ".C.Otl~t""Jct:l.an, and r"'"esur-fClcing CT a po!" tior: of 'the ,. -l.:ldw~y and a new in~.rchsnge with a n~w st,.ucture, Th~ ro=dway and ._mP~ ~iJI be ea"s1:rt.te-t.d pl""i.nn"':ily of VIo1,..:i.OUS depths o-F pl.dl't cement '~Qner"'l!l t:~ PA'I~rtlCf!'"'l-+:, RP'S. on 'treated .".r)\to"blQ haSII I:JV~'" sUbbaa. '(Ho. 2A) with var:io~s d~ot:...s OT 1.,,1"",1'" ceMent C'onc:r.'t. pavement f.",. ,shoulders. There ;i.s a pre~'~"Q9ged co".;r~ t-.. r. 'b~~t'rl br-idgo .stt"'leetuF"e. There are 2: moahllln:ically ~t~bilized "f~1:~id",it,q .....a..IG. 1 :o::o.il nail 1""'I!1:aining Hall. 2 .soldier pila ,.."'tainfng walls, 1 p:lU'''apot: ',"cuM"":ed or;oul"'ld bal"riel", and 2 Q't"'Qund-mouh-ted .!Sound b4rr-i~!oI''''s. JU~O incll,lded :jre ''/Iill,'iou:'''i' deo-t!-l.... of b3.tulftinou!I plIving lnatGr:~al "'0'" should~"'sJ r-econs'tl"uct.ing.. "'ldeMiJ19/ and "'.surTRcing IIxisd:ing r"a.;tctW~Y$; dr"'..:inage Impr"oveb1en1:$; l;OnCl"~-t:~ qlRr-... sC',....'1lf1 ~r-tl b~rr"il!,..J guide rail) lattanu4tin,z devioes1 tra-ff;i.e .signal~:; signs ;and ~av~ml;!n~ ln~Ir"kersj R1i1.;in't~f1=tnee and J:wott!ei:ion aT trafTi.:: during con.:si:T'w:1:.i on . ..tem"t; .-':lJr-b 07119/00 47 Cl1S.DOOOH9. T220631. COSL09"CmHRM:T 'J7/1212~~4 ~t. . ;:Cr'. ~\;. ~~-"-" ","1.:1',.., ~~.: ~B;': ITr. ~5.:_1~_ 71 7751 ~535.. - HEt'\p- EF'U:: '. ~..,........" .-.'" .._-.~ end IIQuntabr. cu~b; 'r'o,Qdsid'e develol)lhent i'i::ems: t"'ight-Q1"-\.oI:;:\:~ f'!r'er.. i. " struotur" demclit:i.C1ns; 'C'.onc,..e-t. p.aventen-f: rehl!lbilita"tiQf". ;; Iol....S..P m~"~ql'!~~"~ 1....". ;a..sbas'i:os ,...mo",.l; under$lround .s:tor~g@' 't.,w.k t'"p.\'M:l'Jal; ~',9:P'L.c r..y-: "IH~ ~ ... , . removal; :a.nd utilit~ relocation .i't.ms~ ;111 w;-;'ihin a pr-o.~~'" ~1l9t~1 .,- I. n-~'~ kiltlmlli:ers, as. indic::ai:.d on i:ht!. drawings .&IPPf'Q~~d M~~Y Z i'~'O(\ arid WHEREAS J it was cne of the cunditicu\s e-f thl!' :"~::;,rd 0+ ~h* SBcratary 01 Tr-ansporta'li.an, actin; for :and on behalf .,~ thr' t::tJmtllon' w...li:h or P.nnsylv:oln~81 l''-'''sl~lIini: tt;l 'rthieh s.;i5.d cont'''",e-l' wa"~ IJndotl "t:ak..rl b>, th. PRINCIPlIL "'hat.th.."" pr.sent" shOllld by executed. "" bac,~" binding upon the d.t. said con~r~e~ is apP~Qv8d for th~ n~4 iC~ 71 tn. lIud~4Il-t. bv thf! Ctn"~b'~11nl"'. NO.W, THEREFORE, The c\""odii:.:i.oJ'\ of this obl:lg:.;tion i~ .!>ucn -~h;.l~ :i.'( the above b13u"den PRINCIPAL shall Qna will J:lt"")mp'tly t.,. r.:a.U:;o!" 1;0 bl!!l P..i.cJ in -Pull all sums -0" "'on.y whieh may be due by CCI"-t"'lJe1':O~ Dr otherwise" to any individua.l, f:lr"M" partnership} assr.u::.iatiot"', 0" CQl"'PO,.",-tidnJ TtJr allmat",,,i..ls furnished'"r lllao,. 511",oli.d 0',"" p.~~ormed in ~e prasecu~ion QT tha Wo~kj whether Dr net ~~~ ~~jd ..tarial or l.cor en~er.d ~ntD ~nd b40eme com~Q~~nt p~rt. o~ th~ ~O~~ or irrlclt"ovAtleni: cQnt.~lat~d.J and far ,...nt:ll o-F the .qILfi~",-Cl:,.d II.s~d li1nC" serviclIIs rllSnd.l'"~d by publ.i-o \r1:11it;.es in~ Or in connell;'tion I"..t~ ';he proseeuti,,," of such .,.ark. "thel'1 thia obligation to be ~'oid. !')+:hl)""': S;Q ta remain in ~ull ~orea Qnd o~~.~t. Tho PRINCIPAL .And SUR~TY hereby., jointly and se......r.ally j IJg""~oI:? with tho oblil1eo ",..toein "that any individual, -f:ir-tn. par''tner-sh:Lp association 01" e:orpOi"D'tS.ort, which has Per'fO,.mof:! labc)t' or r\,lrnj,:;nr,C MQ~.rial in the prosaeutiDn o~ the wo~k 3$ p~Gvided., and an~ pUblic utility ~hi~ has rQnder~d services in) ~~ in ~onnqc~ion wit~, t~e pl"'Q$8eution 01 ~~h work, ~nd whieh h~s not b.~n p=id in 1uJ! Th~I"'~- for., may su. in ~ssu~sit on this P~ymen~ land in his} ihQir. o~ i~$ own nallte and may prosecute the s:a",_ to <fih3l1 j\.\dgemen-t "or- $~:f':!-UIl\ o.r SUI1lS as I'P\A~ b. jlJs't:ly du.e- hiltfJ the"" or ;it., and nave $~u~c::ut:iol)n th@t"'e- en. Pr-o....ide.d,. t'''Dw.''~r~ that the Cammonwe"lth s""11 no;: be l.i.'lInl"", .:or +ho pay~ani OT a~y CO~~ c~ expen=e$ af ~uch sui~. R~eQvary by any indivjdu~l. rir~~ P8r~ne~$hiQ, aS5ociatior\ or cClrlJorQtio.n na-re'Under shall bll subject -to the provi.sja!'1.s: 0"; t:b~ wpublic ~~~ks CQn~racto~s. Band L~w o~ 1961"} A~~ No. JS5, aoprc~~c n~c.mber ZO, 1967, P.L. 869, which Ae~ $hall be ih~OrpQrated hGr~ir Rnd made a ",art hereo'f, as ~1J11)' and co..plo't~ly as though J.,t:- pr<l.' visiaoSli \i-:"'il!l! ~ully and a-t length herein r'ec:i-ted.. It is fyr~h.r p~ovided that ~ny ~l~~~atians which may b~ m~de il ti,. ter"lQs 0" 't.~_ c:a-ntt'ae-t or in th,a work tCII be danle ar I'Il::tot~ri;~ l,$ t 11 bt" 'FuI"nished "... labor-- tQ b~ su"plied or pef""fG..."'i!!td under i-t: 0'" thol!." qi'ri.,g. bY tha Colnft'l'Onwea.lth of any .xt.n$io" of timet ~o,.. th$ J)~rTorlllar'.:", I1f the, eOnt:\"'~ci: or tiny other fQrbe:Jrance an th'l par{ of ei "tner thf' C4mr.r-onw~~lth or -the PRX"'CIPAL -to the o-fher/ sh.Qll MQ-t in ~n.... .....J1Y reIl!I;t&!! i:h~ PRINCIPAL .and thO SURETY Or SURETIES or ot;!i-t"~r ",.. 'lnv .,~ i:hi=l!1l1 .th' h' . .. -, e4r eJ,rS., eXlI!euto"'1~, Sldm:i.n:ist-,..cd:ors., !;;Uc.eI1.9$CU"!:l or a-<;~igr\": f~ol'tl their l.~ability nliF'"e.under) not:ir;g to i:h~ SURETY or SURf.jIES 0"- Il'I y such Qlte"'"r1::ioM_, 4xten~.i:m} Qr' Torbl!!ora.nee bein9 h,pI'"'E~by w9iv~ti 07/19/00 ~8 eMS. DOO 0719. T<20631 . COB? ] D q ({':aNTR ACT .-1-: ~.""'. 07/12/2004 06:15 7177610635 HEI~PT BF'O';:I i. -. :""..-- .~... ...-..... ...-.. ..... ...... ....".:.,.. .,. '."'.'.1 " III WITNESS . WHEREOF . th.. said PRINCIPAL and SURE'TY n~'''' ;I'll;' .",.outed -this BlOnd under- seal the day and yellr i'ir"5't abn.l'l! "r~t:tI n .' 49 CMS.D000719.TZZ063! C08Z"09CCONTRACl :. ~,';':: I:~ ~ 11I,1'."J':' 07./JZ,l2Q.~1~ !1~~ll?_.__ 7.l.Z.?6.1_~6~~. . __. HEI'I1P T E.;,~'q'~~. I~.' .................... ~.. ~ .'::....',:. 07 ;~:'j '.~i"" :l Ange,lo I{I.frata C:onstr".lc: .an ;t mDAny D/B/A Dt'!n-ton C:onst- Je....: on :r-tn~..~' ff$ <~- ~~"l). . Signature B:I ~~~~7~ . ~ --. ......- " SiQt"'atu'-" -0,~- P'""-~'I d....,L ; Tit). M&.r~4- nth " Na.ej,()I2.31 Fi:r:l~ InSuraD:.:.~.'::Ora.p~r ,. .')f B.;trt: ford Sllr a'ty r Ot'liD.:U"'ty Atte..,1: By _U .~ <-- cv..u. ';w", _ C~eal) H;lX')" aginena ~-R,~~J>,~"~ b1 ft 'ttarn.v-i"-F~o+ Ka~ ' een Aune~~~ . Atto,-neY-in;Paet Certi~ic~tion _M______________________.~_____ *T". und$r$igned a~~orn.y-in-T8ct by ~~eeu~ing thi5 Paymeni B:ond c.rt1f:i.... th~i:: he-Ish. is liel!n.s.ed wi'tn the ,:;::t;J~&n:l name-d as $u".ty. fa,.- -this bond by the Pennsylvanie :rl'1.sur~n'::l!! Depar't'11teni: ;md thai: to i;he b~t OT hisll1.r knowledge the said slJ,..ety i~ J i l:e....s;~~ w.i-th"tha PannS)'lvanilt Insur"anco :Depar-tmeni:" INSTRUCTIOllS - Pb"".. sipn \<her.. indi,,~t~d (<--).. If Corpora bm. s.ign by PrQ~.ideni: or Vioe President and ~d;tes't: b~' S~c~At::1ry C" rrea.!l'\lrer. AHJ.x seEll. If Partnarship, !;,i.J;n by socr p::;H"1:n,'r an~ witn.~.s signa-tur. QT SAC" p:cJr1n!!r'. If rndividu.aL .si~n :;'y pt"Clpri,e1:or iliInd w:itn-esi..$'. !nd;i.c..t. surety G-ompany I sign by al:tlJrncy- in"'f~ct (PA licensed Residant AJ'f!Int Only). obtain wj tne.:;;.'!f sj gna"hwJ;l , :jjIof,cix .$l.u..ty COlt1pony' s 'seal. Attach Power of Attorney J .,j tjo, "!mbnssed se~l ~ to "="is p~g'L 07/19/00 so CMS. DO oon 9.12206;] ,;0821.]9 If "NT "AC" , ,,7/12/2884 05: 15 71 77518535 HEW1 SF:};. :'1- "';'.1 -~':' .y. . .-. ,-. . -' ...-.....~..'.' Y' <.U."~ '.'" POWER OF ATro~NEY APPOINTING INOIVICIUAL A;,TORNEY-IN-FA.C'" KnGW All Men BY'n.$O ~1"H.nb. "Th3t CONTINENTAL CASUALTY COMP,l\NY. afl llUr:oio; ::O~I 9110'- _ '\!ATr.:)N,41. FIRE INSURANCE COMPANY OF HARTFOi'O.. COMeoU,,"t eorporaliol1. AM5RICAN CASUAL TV <:OMP~t1Y De "EADING . PENNSYLVANIA .. Penntylvania co,poratJoo (hEteln collectively ClUed ....he CCC SiUfety (',orrHu1M'e$~: ...'s ewy o~ar~ec and mostlng r;crporatlons havi;,g their prtl"Jelpal QtflcO! in th4 City ot Chicago, am StatfHJf IIHnels. ?rxt Ih~t tl"'e, ~l,') C Y IIi-liP.. .If H1P. .'il~nalur~ .and :;eai:s herem ailixed "",.by m..k.. constlllito and appoint . . Sleven K. Brandon. Robert O. Heuer. Sar.ltJr.. Garcia. Mary LaQine.1~. Kathleen HunQS!.?~q.:..L:-;:: y~~~ _ _ n _ __' __ _ _'__ ..,.. h_ _...~.._..' __ ___ __._~.. ,. --.-.---- --. ---. ---.-- .of Southf1.Id.Mk:hJ~ ... .._...______ their true and lawful (sr~FaCl with full power and ,;It.lthority hel't!by oonferrlild lo ~j9~. !''3.:l MM e)ecutf' :.,~ :":(! nr: 'n~rr beMlf bOOcdS, undertakrngs and other obligatory instruments of similar n.qture ___. ,._. _ _. .. .._ .lnUnJlmrtodAmounts- ___ ,,____._ ___ and to bind.thllm thereby as fuUy _no to the arM extent as rf.such 'nstrumef"lts WQre sjgned-by-;"'-1iii;":~uf"Ori7.t'!C ..,mea' 0; ~heif c:or~rafio"s and all the adS ot Aid Attamey. ~uaru 10 the ~uthortty hereby gIven are he/"lloy r;;;tH19d and confirr'ned This ?<NIet of Atlorrury Is mada and oxecuted pursuant to anet by authority af1hlif By-l;}w.!ii Cl.n'~ Resoltrtlons. :)rlrl~ec OM :he reverse ""roof, duly adoPted. as I_te4, by tho B03iCs of DlnoclOl'S of the co"",rations. . In Wftrten Wh4~, the CCC Sur"ttl ComD.nies htvc cauSed these "resents to be signee' by theIr r ;rouc '.lief' Ore-sir.lent ard their ccrparata seals to be heretO atfbced on.this: 29'1'10 daY(lf Jung "____. 2000 CONTINENTAL CASU.....Ty COMPANY NATIONAL FIRE INSURANCE CQMPANYO.' .~A"TFOI1D AMeR/CAN CASUALTY COMPANY .?~ q5A'h~G PENNsnVANIA --;kd-{ / ~r' Mid'll" Gonglm ~,- ._--~;.,r.'D VIGIl p'~fdont Stat. af IDlnoIs, County af Cook. ss: "" this 29th d3y 0( Jun. ..' ~. oeforl! ",e ptr"..on.ally Qamc! "'- GorQI.... lD .... -. who. -. by m. duly """'"', did -.. and SlljI: that h. reslo.. In the City of Ch1""llo. S_ of ""nols: th9t". io a G",up IIk:o _entof CONTINeNTAl.. CASUALTY COMPANY. NATlOI>IAL FIRE INSURANce COMPANY OF HAA...oFlO. ..d AMERICAN CASUALTY COMPANY OF REAOING, PENNSYl.VANIA d...elil:lod /n aM whle' ~xacuted lnoo aixlYe lnst'u",.nt: ,hat h. kl"lO'NS the .eal. of said corporationsj that the seals atI'bc8d to lhe saId InstT1.n'ntnt are s~d1 corporate seals; lhat they Wefe 1':() affIXed pursuant to a.uthorfty gw." by the BoGrds CJf DJteotcn; at.sald corporadons and IhiIl he signed his ni'ime t'1e"Qfc Q~ua,"L It:) I;l<.e 3l.1thortty. and acl<now!.clg.. samo to bo tho act and Ii_ of said _lions. ....-....................... . . .OFFtCliJ.. SCAL' : .. . : . DWIE I'AIJU<N!R . . -,.-.....e1_ : : _Q...~...~HJr1l.....~~'.':A?!.; My CammhMn ExllI,.. S.p_bet 17, 2001 -- ( . "",..L:::;z%;c:._. P.. DI;;IM F:1Ulkr\r~f '~"'- " ~~-(:.~X~ No~ty Public CEI111FlCATE I. Mary,., RlbDulwskJo, Assisllll1l secr.taryilt CONTINENTAl.. CASUALrY COMPANY. NATIONAL "RE INSURANCE ';OMPANY 01' HARTl'ORO,.m AMERICAN CASUALTY COMPANY OF READING. peNNSYLVANI~, don."'by :er1lt} Ihallhp Powe, of Attorney hersin abov. setfol'1h:6 stJn 'n 1otat.1lIld further certify that t"" By-Law and FlosOlufJon or /holIoSIll of Q;roctorn '" a.er c.orpo"'t:or ponted "" In. revet:3e hareof' ara SUI1 in force. In las1imon)' whamd J have hereunto subsalbed my name and amx~ lht s~1s ~( ~he saldcol'POl"'tlonsltlls . 7. dtoyaf .Ciu~u<r .~. CONTINeNtAL CASUALlY COMP.A^lY NATIONAL FIRe INSURANCE COMPANY OF HAR"'ORO AMERICAN CA~UAI..-" COMFO'ANY r)~ READING. PENNSYLVANIA Lnrd a ~A~ :'r.""-.-"._'--.~ Mary A. i~hbtkdWSl>:IS A.s.'.li'ltan~ S!:!!~t3ry (RIN.10/1/97) 07/,2/2004 05:15 7177610635 YOlpc "VI ,I. ...~ .......". . ....... ... ,...." Authorizing By-Laws and Resolution:, AOOPTEO ev T'rlE: aOAAO OF O/RECTORH OF CONTINENTAL CASUAl. 'j'Y COMPAN'( TI'lJ$ POWQf'o( AttOmgy Is madA ~nd exeetJted purslJ11nt to and by .;utn.,rlt;J or :ha fl,l1W'.rtg \ ,-.".. fu \' .~I1(;:'l:~ ",'", ,~,~ c.'}:};o ,-.f Oirectors or t..,e Company, , .. Articl. lX---E;(eetJtlon of Oocurnel"Tts S~ 3 Appo'ntmento.f A.ttcmt~Y"\f'Ioofact. Ths Chalnnllr'l of the 8oar:f '0.( Olre<~rr'. !M ::"o.:;jcl~r,' or 'lr'~ ~x#.v...tJII"~, S~I',\OI :Jr Grou~ Vi: P~id~ may. from tima ~ rime, appolm by wrl~n certifit".atM attome:f$~I....fac! ": ~ct ," J~~!' "1 '~.f. ':;,mrO~(lY '," the, \Jt' cf pOliCIes of insurance bO{ld3. und'ertakh''\Qs. and other Obilg:atory instrument:; :)f ;'l<.'!- iaL~ $1.1:;' ~rtC'..r;"j9y!t. I1-f;lC1. s~b!@C ~':. :;6f.m::,orrs sat forth In their re;p8Cl!v-e C01'tifleates of .uthortty, shall have foil pov~r Ie, blr:t t~l1l ':.onpan' ~v t.,~'T :t'::}"a:tjr~ ~ne e.x~tion 0' .any such ~t$ :(U')l~ to attach me 9$11 of the Company ~er&'cL The r:.~aj"T"'"r 0' r/'lOll ~~r.' cf rj;r~C~:lrs. 11'\9 , Praider1.t or any !xeeutJve. Senior 01 Grou~ VIe!! Pfl:!!~nt 01" t1le Beard of DirectOr!>. r:"l;;r ~. .1/"'.'( (,n"'~, re",,"'~ al. ':('.'wc.r ;J!1c::l orutho..;r.,' prevlcu.ly gtven 10 any altOm9l"'iMa't' This Po~eror AttomQ)' ts.ed and ::..~.ed oy facsimlJ. UtTdor al'1d bv me OllUlhQrity of f.'1~ ". "'w,,,,:r: =! ~t?jU',~.n i,r~.C'f..' by m~ 3o.!lrd' of Dfra<tol3 oltll. Campony414 mGOllng duly e4/1ed 4r.d held on !n.. 17\h day of Febn;sfy, 199,. "Resolved. t,.,.t th,. $ignatUrl!: artt',e PresldMt or any ExewtfveI, SenIor ~r Grouo Vlea P~~5IOen 3qd U1~ ~9a, ~( Ute O:Imoany fr:a,; be atr.c<.ed by fiil'csimile on any powet d attornt1y granted pursuant to Section 3 cf Artid,l! ,X d '''p. e~ .\,. 3~. ;0.: "~'<: ;'9r.atu~ c! the S4ICt'8tar,' or III AM.istant S~ry .rld the us, cf the Company may be afflxed 'Oy f:~c.'JllT'Ill~ '("J,'J1"l} ..;.~rt~fk.a~$. 0" .Y} .~;.Kil"\ power and Sn'; pa.Ner Qr cs-rtlReate bearing .tnJen r~tmlle sfgnatureand s~al ghatl be valid and l:llnding on l'\e .:.cmpa(1\ A"~J ~L.J(:~ ""war so. e:Jl:eaJted en.d sealsd and c:artJRftI by (:ertifieat.e $0 ~Ad and sealed shall, with re!\ged. to .1rt'Y :am! or I, id9r:;'.kl"g '0 w.lo\lcl'> tt I:! at'.aehed, totUlnue to b6 vaUd and Ofndlng on lhe Company." AOOP'T1!O BYTHE:aOARO OF OfR.E:CTORS OF AMERICAN CASUALTY COMPANY OF ",",cADING, PIZ'IN:;Y\.\i"'NJ This Power Of Attorney Is I"nade and e;<ecuted pursuan1 to and by aUfhorJt'y of the fOr.OWI!'\.9 By 'Ulw :;UI .. ao:1')I~ ", "hoe. 30afe of DireclOflI c11h~ COrTlfl'lny. '"Artie.Ja- 'J1-.&K1Itlon of Obligatlons arid A.pp~hrtm'mt 0' Attomoy.-.(n-f7tet SeaIon z. AppolJ'1mont of Attomey.iMact Th. Char"""n of 1M Soan! of DtreOlors. thQ Prnsld~'" or .n, ex8CU"/~' Son;'" or Group \/lce Pre$ident may. from dme to ~mG. appoln1 by wrttt8n oartlflCQtag Jutomeys..4n,.(;c to act .r. taMaH of the CO~t:l3ny iT"l the axecuffon 01 pollc.les -of .;MlJ~. bon~. undsrtaktngs and ether' ebflgstoty Instruments 01 Jlkf;' nau Ita. SlJ{'..h AMom"Y'Sk!'n.f3ct. subJ~t to thlllmttaUol'l9 Bet fotth I" tMir r&s~\lA e.ertif'a<.at8S af authority, shla/I h~. full power It I bInd "JI'e c.,ft\PQf'\~ t>y thp.lr signature Md execution -at any $lJ~ i~tl\lments 811= to attacn the seal of the Company tilenrto_ The Fteslde~1 ~r ...1\\1 E:iM.~kI" 59""'" Of Group V;ce,- Pruidl!rrt may at any Urne r-tVOke all IX'Wer and a!J#1m1ty ,oreMolJSJy 9M;!" to any <i.tlome.,.--in.f::t~ . ll1it; Power- of Attdm8Y ls.iQMd and staled by f;,almlt&under and' by ~l'\e authority at thl~ r0i/owi"Q .:t"sot'l1,1"'"' .)': )~'J:~1 ~y ~"'" 30-1n:t af 0I'""101'$ Oftlw CampatTY at a me<lllng dul)'caftBd and hel<ton the 17lh day or Fob"'.ry. 19~;'. ~l!$oIvec:t. that tM .ignatYre afthta Pre9iient orftny ExecutlY8. Senior Or Group \lice Pres'oen~ arod ~he "eal ~}I tl">e -=Cmpan)' may be a~ by facsimile on ar'o/ power of attomly granted pur.suarn to Section 2 of Article VI o~ f~e Sy Law,!. and tho sj~;matw:e of tn9 .Setnttary OJ an A,UfsUnt S~ry .ant! the seral or the Company may b. affixed by raes1n..i1l' t~ ~ny:e-rt{ftcat~ of ;~"Y suc:n ;)QW@f ~nd aNy .PQWIH'or certificata bearing S\lCh fnc.simil. $ig'nature.nd Seal tiNtI) be valid aod blnaing Qr' to!! ::-.omDM'f. Arrv .'weh aOWel So e'X8eIJtad ;nd soaled s.ncl eettJfied by c,rtif"ate "" executed and sea/eo' sr,O;lU. wH1t rnsoed tC'J ~nv 'JO'c or 1/"I,1t'~.";or'o:.: 'r: whf':"h H 3 attached. camirtvre to De wlld lIMd bl'ndll1gon (t'>>Com-pany.- - ADOPTEO 6Y THE BOARD OF DIReCTORS OF NATIONAL FIRE INSURANCE COMPANY OF HAP ~FORC This Power of Attomey is made and e~l.lted pursuant to and by authOrity a( the foUCWin;' F-~.-:$IJllIt1o:"n =uly ~(1ople'C '~f) :: ~br:Jar;' ~ 7. 1993 by th<> Board 01 Oll'lldOm of 1l1. Company. . -RESOLveo: That U'le- President, ;1" ExeClJtlVe Vice PresKiBnc, or any SenIor or GrOll" Vica Prg,O;;OMf c'I1e ':-,;,orpor.;Uon may. from time to U~. 8POOIr.t, b)' written CGftlJic;i:lt~. AttQmeys.in-Faet to act In b$h.art' of tn. Cotp::lrat.lor ir- t"#1 f"!oX@Cutk'ln r;j jel1lCl9S Of iM$ura-(I(;~, bonda. t,lI'lde1"t*tnos .net other ob(jga(o.ry ir4t.ruments 01 &ke naturl!!'. S\lC!'l Attorne)".jn"Fac~. suoJoet to the limitAha(l.~ :'fel 'onh in U'letr reG~e a!J'tlr~t" of authority, s~n haoJe ful1 tJOWet tQ bl:nd the C~tfOrt by Ihelr Jign~tu"P.o ann (fl(e~lJj'on of "ny $lJch j~stru~1Vt1 ,:,l'ld tI) ;Uta'ct1 the saat of the.Corpor;adO" thereto. The PresIdent,. art el(ft;u!ive Vloe Pteside-n1, ..ny S~nil1r or irouc V'C,t} '~"'b.Siac:nt or the ~o.ard of OtrsctOt':S l"T'Q}/ at' any Ume. I"CJYOk.E' aft ~~rW:J aUlhOrify orAvlausly gNen to ar:)o AttOt1'lJ1'f~'''l.~':3(~ . . Tt\i8 P-oweror Attorney Ie ~Igned;and $r.aled by r~Q5jrn"e under and by 1he IHJtrlOrlty of lhlf (oll':r-+r.; .~~ nlultr.'"' ;JCC~.Itl;\o:: ~'1' ~he 8c:;;;rd cf Dfrocto.. oIlhe Com~.ny at a '"OGling dlJly cofled ."" hQ/d Ot\ the 17th day <>I FebMJ',.,.. 1990 -Re:SOLVEO: That the Signature of the Presh:lent,. an ~rve Vice PresIdenT or any SElrior:Jr (~rC'.up v'~~ ~"P.Siden~ .arla:he se,.-')i o~ th~ Corporation may be affixed by fa(:.3lmile on ;;l'l'lypower of at'tomey-'noIl'Hed OUi'Suant It) th(~ ~~so\-u!ian "lcoptot. by It"','5 8031"(1 of Oi~etPIS on Febrvary 17, 199~ and the 31gl18rure of., $e<:reb;ry Qr an Ayietant Secretary and the .:IN!)f th~ Corooratic!1 may be ~ffl)'Qd b)o' ~Bcslrnt!e to any eertifj-~ta or :3ny SlJd"l pelNe-f, ~nd My ~r or certlflcalG b9-ari,"Ig' !::.:<:n facsj...,iJp. s(gncH\Jr~ ~l"l'-; sea' .~n3;! b~ Vti/kJ and GlOOlng en trle Corporation., Any ~UCh pav/er GO Q);.ecutetf ana ll;Jaled and c:ertlfiec' b\ ." 9r::!tic.at~ ~o ('~i"f:L1~ :),," ~.o:'aJ8d, "~..::'o\: with ~ to i':lny bond or undertaki09 10 which it IS' ar.ached. continuo ~o be valj(] ~r"',(j tjndrf"'~ ~f\ ~r.f' (<It'OC'''''fiot EXHIBIT D (DEMAND OF HEMPT BROS., INC., ON PAYMENT BOND) / },9 SOUTH 181'H STREET CAMP HILL, FA 17011 E-mail: mikeban':"lItfi)vcriznn.nct BANGS LAW OFFICE PHONE,717-730-7310 FAX: 717-730-7374 MICHAEL L. BANGS, Attorney-M-Law WENDY S. CHESBRO, Paralegal WILLIAM E. MILLER, JR. Of Counsel July 13,2004 VIA CERTIFIED MAIL National Fire Insurance Company of Hartford Continental Casualty Company CNA Plaza 333 South Wabash Avenue Chicago, IL 60685 r=, LE RE: Bond NlImber 929162933 Project: SRI5~A 12, ClImberland County, Pennsylvania CMS No. 082109 General Contractor: Angelo 1afrate Construction Company Subcontractor: Hempl Bros., Inc. Gentlemen: Please be advised that I represent Hempt Bros., Inc. ("Hemp!"). Hempt provided certain work and material to Angelo Iafrate Construction Company on SRIS-A12 in Cumb,~rland County, Pennsylvania. You provided a payment bond on this project to insure the payment for work and materials provided on the project. Please be advised that we are placing a claim on this bond. Angelo Iafrate Construction Company has failed to pay Hempt for its work and materials supplied on the project. Currently, Hempt is owed $80,546.65. By copy of this letter, I am advising Angelo Iafrate Construction Company of our claim. I have also notified Penn DOT of the claim as well. Please send me the appropriate documents to verify our claim. Very truly yours, Michael L. Bangs \.VSC tc: Hempt Bros., Inc. Angelo Iafrate Construction Company (via certified mail) Pennsylvania Department of Transportation (via certified mail) C;EJlJ'IFlCATE OF SERVICE AND NOW, tllls;74 t~ay of:J;;r u tJt 7 ' 2005, I, Michael T. Traxler, Esquire of ABOM & KUTULAKIS, ILP, hereby certify that I did serve or caused to be served a true and correct copy of the foregoing Praecipe to Attach Exhibits by first class mail to the following: Michael L. Bangs, Esq. 429 South 1~ Street Camp HiD, PA 17011 Respectfully submitted, ADOM & KUTULAKlS, L.L.P. ~~?) ~/R Michael T. Traxler, Esq. / 36 S. Hanover Stred Carlisle, Pennsylvania 17013 (717) 249-0900 ,....' ~\ '-- -;:'.-," ~..,: " ....'i-. ", c'" o ~n -, 1:"" \\'\f~ ..~,.1.~ ~nl._ l..~ 1._) ,:T~:~~ ':1"\"\ :-; t:? C;) (....:: ",~J .-<. - HEMPT BROS., INC., PLAINTIFF : IN THE COURT OF COMMON LEAS OF : CUMBERLAND COUNTY, PEN SYLVANIA V. ANGELO IAFRATE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, DEFENDANTS 04-6496 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT ORDER OF COURT AND NOW, this "2-~ day of March, 2005, the prelimina objections of defendants to plaintiff's complaint, ARE DISMISSED. By the Court, h/ ~/I Edg . Bayley, J. l)(i1ichael L. Bangs, Esquire For Plaintiff ~hael T. Traxler, Esquire For Defendant :sal ) 4r~fuL ~~ 0.3 -,;). ~ -c 5 >- !.~;~ ~, tJ..l~?: p~~ ~~'. Q~::: 6r,~-; u.l D~ ~'U t.J- -,_. t= U- o r- - - ".:! "-J C~. "'~ - ,~ ..n g: N .J U - - ----- ABOM & KuruLAKIs, LLP 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 HEMPT BROS., INC., Plaintiff v. ANGELO IAFRATE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants : IN THE COURT OF COMMON PL S : CUMBERLAND COUNTY, PENNS VANIA : NO.: 2004-6496 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE TO ATTACH EXlllBIT Please attach the following Exhibit "A" to Defendants' Preliminary Objection filed in this matter on January 19, 2005. - JtUULcl~ Date ;?(; i .;?tX;S- / Respectfully submitted, ABOM & KUTULAKIS, LLP 0------ /t4'--<,~ ;: I ~ Michael T. Traxler Attorney LD. 90961 36 South Hanover Street Carlisle, P A 17013 ,I rn C I .1\ '.1\/ Q j . \ 1 ,', ~ '1 Z U\!f~ S~Ul A8V1C: ~:::'-1 ,~Cod ~Hl ;10 "j .Jd.~\)-CJjH,,~1 . . EXHIBIT "A" ~,~, .:'." '.:..-~ (~ - .~ ,- . u:. ,'''::.- - ~~~. ,_ J .J:~' (~ c:._,~' -:- l ;" '. __I C:O MICHAEL L. BANGS, ESQUIRE !.D. NO. 41263 429 SOUTH ISfll STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INC., Plaintiff ATTORNEY FOR PLAI TIFF IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA EAS vs. ) ) ) ) ) ) ) ) ) ) JURY TRIAL DEMANDED CIVIL ACTION - LAW ANGELO IAFRATE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants NO. 2004 - {,,({q (p CIVIL TE NOTICE C:,l- C': c: r,' 0': o -n .-1 ff,:.Tl _ . ;'~'1 1.:-' ~J ~.i" c:; YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims et forth in the following pages, you must take action within twenty (20) days after this Complaint Notice ate served, by entering a written appearance personally or by attorney and filing in writing wi h the Court your defenses or objections to the claims set forth against you. You are warned that if yo fail to do so the case may proceed without you and a judgment may be entered against you by the C urt without further notice for any money claimed in the Complaint or for any other claim or r lief requested by the Plaintiff. You may lose money or property or other rights important to y u. YOU SHOULD TAKE THIS PAPERS TO YOUR LA WYER AT ONCE. IF YO DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 !iiUf? en,"V I" ':,.' . . :r~'-'" ,..'., "of) .'. ,.. '::~~L~ ' , ~ ' ~:"'L: .>,' , (", ;'-~'iad Ir?~;i.C"'o..)~ ~.' 1\.) '.p" (/'7-'-~, JJ_ ' ", ~?a;-~-: r c;";':~.<i ,'. .'::>:::t~r;' MICHAEL L. BANGS, ESQUIRE LD. NO. 41263 429 SOUTH ISTIl STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INe., Plaintiff ATTORNEY FOR PLAI TIFF VS. ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON P OF CUMBERLAND COUNTY, PENNSYL VANIA EAS CIVIL ACTION - LAW ANGELO IAFRATE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants NO. 2004 - CIVIL TE JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its attorney, M chael L. Bangs, Esquire, and files the following Complaint: I. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal pIa e of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Angelo Iafrate Construction Company is a Michigan corporation wit principal place of business at 26400 Sherwood, Warren, Michigan, 48091 (hereinafter "Ia 3. Defendant, National Fire Insurance Company of Hartford is a Connecticut carpo ation with its principal place ofbusincss at eN Plaza, 333 South Wabash Avenue, Chicago, Illi is, 60685 (hereinafter "Surety"). 4. Iafrate was the,general contractor for a highway project located on SR 15, Sectio A- 12, in Cumberland County, Pcnnsylvanla (hereinafter "Project"). ] 5. Plaintiffis in the business, among other things, of supplying material, labor nd equipment for use in the construction of highway projects. 6. Iafrate contacted Plaintiff and requested that Plaintiff provide certain goods, aterials and the hauling of certain materials for use by Iafrate on the Project. 7. Plaintiff and Iafrate entered into a subcontract agreement which was a "unit pice agreement" for the various goods, materials and the hauling of the materials for use by I frate on the Project. Attached hereto and marked~s Exhibit A is a true and correct copy of the subcontract agreement. 8. Iafrate ordered certain materials in accordance with the tenus and conditions 0 . the unit price agreement from Plaintiff and was invoiced by Plaintiff for that material on a re ular basis. Attached hereto and marked as Exhibit B is a true and correct copy of a detail stat ent from Plaintiff which outlines each invoice sent, the amount invoiced, the amount paid, an the amount due and owing. 9. All of the goods and materials indicated on the invoices and hauling services performed by Plaintiff on the invoices represent the true and accurate amounts of the good and materials referenced therein and received by Iafrate, as well as accurately reflecting the ha ling serviccs.used by Iafrate and perfoID1ed by Plaintiff. 2 COUNT I HEMPT BROS. INC. vs. ANGELO IAFRATE CONSTRUCTION CO BREACH OF CONTRACT 10. Paragraphs I through 9 are incorporated herein by reference as if more full 11. lafrate agreed to pay the costs for the goods, materials and hauling services referenced on the invoices. 12. Iafrate has failed or refused to pay all of the invoices leaving an outstanding alance due to Plaintiff. 13. Plaintiff has contacted Iafrate on numerous occasions and requested payment in full of the outstanding invoices. 14. Plaintiff has full and truly performed its obligations under the agreement in th tit delivered the goods and materials ordered by Iafrate and used on the Project and provided hauling services in accordance with those ordered by Iafrate. 15. Iafrate accepted all of the goods and materials referenced on the invoices and accepted the hauling services provided by Plaintiff referenced on the invoices. 16. Iafrate has breached the terms of the agreement between the parties by its failu to pay for the goods and materials received pursuant to the terms and conditions of the invoic s. 17. Iafrate accepted and received all of the goods and material ordered from Plainti and referenced on the invoices. 3 18. All of the goods, materials and hauling services provided by Plaintiff were one at the insistence or request of the agents, servants, and employees of Iafrate, acting within the scope of their employment. 19. Plaintiff has been damaged in the amount of $34,665. I 7 as a result of lafrat 's failure to pay all outstanding invoices in accordance with their terms. 20. Plaintiff is entitled to receive interest at the rate of one (1 %) percent per mon h for all invoices due over 30 days as a result ofIafrate's failure to pay for the goods, materials a d hauling services received in accordance with the terms and conditions of the invoices. WHEREFORE, Plaintiff demands judgment against Iafrate in the amount of $34 665.17, plus interest at the ratc of one (I %) percent per month for all outstanding invoices due ov r 30 days until the time of judgment in this case, plus costs of suit. COUNT II HEMPT BROS. INC. vs ANGELO IAFRATE CONSTRUCTION COMP NY UNJUST ENRICHMENT 21_ Paragraphs I through 20 are incorporated herein by reference as if more fully s forth. 22. The prices charged for the goods, materials, and hauling services provided by Plaintiff to Iafrate are just and reasonable and ate the prices which the agents, servants and employees of Iafrate, acting within the scope of their employment, and in accordance with t e purchase orders, agreed to pay for those goods, materials and hauling services. 4 23. Iafrate has failed or refused to pay for the goods, materials and hauling servo es received by Iafrate despite repeated demands by Plaintiff. 24. Iafrate has been unjustly enriched at Plaintiff's expense by its failure to pay r the goods, materials and hauling services it has received in the amount of $34,665.17, plus i terest at the rate of one (1 %) percent per month for all outstanding invoices due over 30 days. WHEREFORE, Plaintiff demands judgment against Iafrate in the amount of $34 665.17, plus interest at the rate of one (I %) percent per month for all outstanding invoices due ov. r 30 days until the time of judgment in this case, plus costs of suit. COUNT III HEMPT BROS. INC. vs. NATIONAL FIRE INSURANCE COMPANY OF HARTORD 25. Paragraphs I through 9 are incorporated herein by reference as if more fully se forth. 26. Surety provided a certain payment bond to secure payment to all entities that provided materials and services used on the Projcct. Attached hereto and marked as Exhib t C is a true and correct copy of the payment bond. 27. Plaintiff has made a demand upon the Surety to make payment of the amounts ue and owing Plaintiffby Iafrate on the Project in accordance with the terms of the payment b nd. Attached hereto and marked as Exhibit D is a true and correct copy of the demand. 28. Surety has failed or refused to make payment on the claim. 29. Surety has breached its duty to provide payment under the payment bond as are ult of its failure to make payment for the goods, matcrials and hauling services supplied by Plai ti ff on the Project. 5 30. Surety has an obligation under the payment bond to make payment since Ia rate has failed or refused to pay Plaintifffor the goods, materials and hauling services suppl jed y Plaintiff on the Project. 3]. Plaintiff has been damaged in the amount of $34,665.17 as a result of the fa ure of Surety to make payment on the payment bond and in accordance with its terms. 32. Plaintiff is entitled to receive interest at the rate of one (I %) percent per mo th for all invoices due over 30 days as a result of Surety's failure to pay for the goods, materials d hauling services received in accordance with the terms and conditions of the invoices. WHEREFORE, Plaintiff demands judgment against Surety in the amount of$3 ,665.17, plus interest at the rate of one (1 %) percent per month for all outstanding invoices due ov r 30 days until the time of judgment in this case, plus costs of suit. Respectfully submitted, r- ~(cl(M(! ICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 1701 I (717) 730-7310 Supreme Court ID #41263 6 VERIFICATION MAX J. HEMPT, being duly sworn according to law, deposes and says that he i the Vice President of Hempt Bros., Inc., a Pennsylvania corporation, the Plaintiff herein, an that as such V ice President, he is authorized to make this Verification on its behalf and that the acts set forth in the foregoing Complaint are true and correct to the best of his knowledge, info ation and belief. fyf AAtv "i. {It/Upl- (MAX J. HEMPT EXHIBIT A B -- , ANGELO IAFRATE CONSTRUCTION COMPANY SHORT-FORM SUBCONTRACT AGREEMENT Subcontract Number 2eOO? .S020 This Subcontract Agreemenl, entered into between, Angelo Iafrate Construction Company (Prime Contractor), 317 homson Park Drive, Cranberry Township, Pennsylvania 16066. and Hemot Bros. Inc. (Subcontractor), address 205 Creek Road Carno Hill PA 17011 , dated Mav 31 2002 - project name Cumberland County project owneriowner's agent Commonwealth of PA Deoartmenl of Transnortalion project number CONTRACT # 082109 , Alec job number 20007 Subcontractor agrees to fumlsh all labor, equipment and material necessary 10 complete the following, ASPHALT PAVING Prlcin": (see attached Schedule AI .- This is a LUMP SUM agreement. The price for aU work above Is $ .L This Is a UNIT PRiCe agreernent. Quantities will be verified upon completion of the work. Payment shall be d lennined by extending verI fled quantitIes at unit prices stated on the attached Schedule A. - This;s a TIME AND MATERIAL agreement. Payment shall be determined by extending verified units at rates nd prices stated on the attached Schedule. A ~. SCHEDULE Subcontractor agrees that lime Is of the essence In this Subcontract and that work shall begin by and be completed or or before the date(s} specified below. As scheduled bv Anaelo Iafrate Construction ComDanv Prolect Mananer THE CONTRACT DOCUMENTS constituting the Subcontract cQnsist 01': Generat Terms and Condltlons; Pricing Schedule A Indemnity, Insurance and Waiver of SubrogatIon Exhibit A: OSHA'S Hazard Communlcatlon Standard Letter (29CFR 1910.1200), Subco tractors Release cf Lien: PrevaIHng Wage Rates -General Wage DedsJon No.990004 (6130/00); SPECIAL TERMS AND CONDITIONS Pavment terms shall be acoroxlrnatelv ten (101 davs after Prim " Contractor receives oavment from the Owner. IN WITNESS WHER.EOF, the. parties hereto have set theIr hands the day and year firs1 above written. - Accepted by Prime Contractor: Witnesses: ~nQerO Iafrate Construction Comoanv -~-_.- 8y: -_._._--~_.__.~- By: --~- ---- ltle: Title: -- --- Date: Accepted by Subcontractor: y: ~- ~-~-- --- itie: (Typed Name of Subcontractor) By: --. - ---- ubcontractor is: lltle: \ ~()Ip Prl'\nrio.!....r _._' -- ---. .-r'..~.~. ) Partnership Date: _~) Corporation Subcontractor's Federal LO. No.. ~ 1'; T s (- - , , Schedule A Hemt Bros. Inc. Subcontractor for Asphalt Paving 20007.5020 1.0. # 508157 Phase Code 8530 LINE PENNDOT ITEM NUMBER DESCRIPTION UNIT OTY. UNIT PRICE EXTENSION 1 2460-0002 Bituminous Tack Coat L 2,000 $ 2.00 4.000.00 2 2608-0001 Mobilization EA 4 $ 1,500.00 6,000.00 3 9305~0003 37.5mm Base 175mm Depth m2 10,000 $ 21.00 210,000.00 4 9420-0001 12.5mm Wearing "E" 40mm Depth 76-22 m2 6,700 $ 6.75 45,225.00 5 9420-0003 9.5mm Wearing "H" 40mm Depth 76-22 m2 10,000 $ 4.70 $ 47,000.00 6 9420-0013 9.5mm Wearing "G" 40mm Depth 64-22 m2 8,000 $ 6.15 $ 49,200.00 7 9421-0002 19mm Binder 50mm Depth 64-22 m2 10,000 $ 7.00 $ 70,000.00 I 8 4101-10 Milling 10" Temporary Blacktop m2 44,858 :> 4.15 $ 186,160.70 ; f TOTAL $ 617,585.70 NotE: This Is a Unit Price Contract. QuantItIes may vary with no change to the Unit Price. The following items clarify the Subcontractor's Scope of Work: (1) Excludes subbase. (2) No maintenance & protection of traffic. (3) Excludes excavation. - (4) No shoulder back-up. (5) No finegrading. (6) Subbase within +/- 1/2" (7) All manholes and Inlets adjusted by others. (8) All 1 0" temporary blacktop material that requires milling by the Contractor, will be paid under Line I ~m #8 above. Millings will be hauled away by Hempt Bros. Inc. at no additional cost to the Contractor and will b e orne the property of Hemp! Bros. inc. (9) Brooming of roadway by others. (10) Hemp! Bros. Inc. will seal joints for their work. (11) Cores taken by Hempt Bros. Inc. (12) No union conflicts. (13) No cleanup after milling 10" depth. ANGELO IAFRATE CONSTRUCTION COMPANY SHORT.FORM SUBCONTRACT AGREEMENT - GENERAL TERMS AND CON ITIONS PAYMENT AND RELEASE Subcontractor agrees 10 accept as complete and final, amounts and quantities a reed upon, and Subcontractor shaH have no further claims against Prime Contractor whatsoever. Final payment to Subcontra tor shall not be made until work done by Subcontract IS approved by Owner/Owner's Agent ",od/or any other agent whose approval required for payment of said work. S~bcontractor agrees to reimburse Prime Contractor for any overpayment, which Prime Con1rac\or ight make to Subcontractor, regardless of how overpayment arises. PAYMENT OF SUBCONTRACTORS, MATERIALMEN, SUPPLIERS AND LABORERS Subcontractor shalt. ak. timety payments to all sub-subcontractors, materialmen. suppliers or laborers providing work to the project and shall protect an save harmless Prime Contractor and Owner/Owner's Agent frem all claims, encumbrances. and lJens growing out of performance of his Subcontract. Subcontraclor shall be responsible for the full amount of any expense, including actual attorney fees, that Prim Contractor incurs In regard to claims, encumbrance and/or liens paid on Subcontractor's behalf. In case suit to establish fien is brought or claim is made to collect on any bond, by any person or pars other entity. employed by, or furnishing materials, or services to. or for Subcontractor, Subcontractor expressly the defense of any such suit or claim determined to be due and owing and to otherwise indemnify and hold Pr( its Surety fully and completely harmless from any such suit or claim. FAILURE OR REFUSAL TO PERFORM Subcontrac1or shall be Hable for any and aU damages, penalties. and ther liabilities. including attorney fees, incurred by Prime Contractor. resulting from Subcontractor's failure to refusal to fully pe ,orm any terms or conditions of Subcontract Agreement. ns. corporation, or grees to undertake Contractor andJor In ttle event of default or breach by Subcontractor of any obliq3tion(s) contained herein. Prime Contra or may declare tha- ent~re Subcontract to be in default and therefore terminated. Prime Contractor may then complete said work or mploy others 10 complete said worK, and Subcontractor shall be liable for any and all costs of completJon, which, to the extent a,v (lable. may be deducted from monies due SutK:ontrac1or. PAYMENT NOT EVIDENCE OF PERFORMANCE Payment by Prime Contrador 1n whole or in part shall in no ay be construed 10 be M acceptance of defective work or of improper materialS, and shall In no way relieve Subcontractor for the ob IgaUon to perform the work in accordance with the requirements and speCIfication of the OwnerfOwner's Agent. It ADDITIONAL. WORK All additional work or changes in the work to be periormed by Subcontractor .shall be nego lated dIrectly With Prime Contractor. All wor\( authorlzaUons or change orders shall be in writing and shall be agreed to by both part s plior to commencement of the referenced work. COMPLIANCE WITH LAWS Subcontractor agrees to perform work in compliance with all raws and regufaHons. ederal. State and Local, wh,ch apply with respect to the work herein required, including, 'out 1'101 limited to E:qual Employment Oppo nityand Affirmative ActIon, Subcontractor is responsible for compliance with aU safety and health rules and regulations of he Federal Safety and Health Act of 1970, MIOSHA. and any other agency with jurisdiction over the work, during conduct of Subconlactor's work on and in connection with the project Subcontractor shalf indemnify Prime Contractor for all fines, penalties and carr ctive measures thaI result from any act of omission or commission by Subcontractor. It's agents. employees, and assigns, which f tl to comply '.\lilh such safety and health rules and regulations. LICENSES AND PERMITS Subconfractor agrees to procure aU necessary permits and licenses to carry on the w rk covered by this Subcontract in accordance with aU Federal, State and Local laws where the work is partormed. Subcontractor agr es to pay all taxes imposed by Federal, State. County City or any other taxing body associated with the items of work under this Su~c ntract. INDEMNIFICATION Subcontractor shall provide certificates of insurance as evidence that (t carries Workmen's C mpensalioil, Employers liability, Public Liability, Auto Uability. and' Comprehensive General Personal and Property Damage Lial\ty Insurance, with limits satisfactory to Prime Contractor. Said certificates shall provide that thirty (30) days advance noUce of ex (ration, change Dr termination. Subcontractor agrees to hold harmless {including costs an attorney fees) and protect prime ContractQ and Owner/Owner's Agent against aU suits and clalms for an damage or injUry 10 any person or property arising out of 0 ',reiating tj any of Subcontractor's work. materials, suppliers, .subcontractor. employees or any olher source. COMPLlANCE WITH UNION AGREEMENTS Subcontractor acknowledges receipt of a copy of wage agreements phcab!e to the proJect. In the event Subcontractor is not a party to said agreements, SubconU'"actor nonetheless agrees \0 observe jhe wage rales, hours and working conditions as provided fherein. except the provision relating to union recognition, when perlormin work covered b'i this Subcontract Agreement. MISCELLANEOUS PROVISIONS Subcontractor agrees \0 perform its work in a manner, which will in no way inlen re .....Ith l!18 .::rogress of Prime Contractor's work The terms and provision of this Subcontract Agreement represent a complete and full integrated understanding of th 'par1ies and is inlended 10. and does incorporate, and supersede all previous negations written, or oral, and may not be altered, clla 'ged. amended. 0r modified, except by aii agreement in wriiing signed by the parties. Subcontractor agrees that work may be carried out under hazardous condition. Subcontractor agrees that Prime Coractor will have no liability for errors or om~s.sions in the performance at iraffic maintenance work by Prime Contractor in the area of S 'bcOnlractor's work. Exhibit "A" INDEMNITY,INSURANCE AND WAIVER OF SUBROGATION 1.1 INDEMNITY: It is expressly agreed and understood that, to the fullest extent permitted by law, th Subcontractor shall indemnify. prolect defend. and save harmless, Owner and Contractor (including their officers. agents, em loyees. parents and subsidiaries) from any and all liabilities, penalties, costs. losses, damages, expenses. causes of action, clal S, judgments or any demands whatsoever, including prejudgment interest, ettomey's fees. expert witness fees and all other expert nd professional fees and expenses ("Ciaim(s)"), based on or resulting from any personal injury, including, but not by way of Ii itaUon. bodily injury, emotional injury. sickness or disease, or death to any person (Including but not limited to agents and employees f the Subcontractor, Owner, Contractor or other subcontraclor) or damage to property of anyone (Including loss of use thereof). which I jury, sickness, dealh or damage results from, arises out of or is in any way connected wilh the performance of this Subcontract. Subc tracto(s obligations under this paragraph shall apply whether the Claim is caused or alleged to be caused by any acllve or passive t or omission of the Contractor. Owner or other party indemnified hereunder, provided however. that the Subcontractor shall not be 0 ligated to indemnify for thase claims whiCh arise from the sole negligence or wUlful misconduct of the Owner, Contractor or thetr agents. s.ef\lants or independent contractors (other than Subcontractor) who are directly responsible to the Contraclor or Owner. Thes obiigations shall nol be interpreted to reduce or negate any other rights aT obligations of indemnity otherwise existing with regard as to any party or pt.rson described in this Article. 1.2 NO LIMITATION ON LIABILITY: In any and all claims against the Indemnitee. by any employee 0 the Subcontractor, anyone directly or indJrectly employed by the Subcontractor or anyone for whose acts the Subcontractor ay be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, camp nsaUon or benefits payable by or for the Subcontractor under workers' compensation acts, disability benefits acts or other employee b nefit acts. 1.3 SUBCONTRACTOR'S INSURANCE: The Subcontractor shall purchase and maintain insurance during e pendency of the Subcontracl (lnciudlng warranty periods) in amounts equa' 10 the requirements set forth in (a) through (c) below. an as set forth in this Subcontract and shall not commence work under this Contract until all insurance required under this paragraph is obtained in a form acceptable to the Contractor, nor shall the Subcontractor aI/ow any sub-subcontractor to commence work on a bcontract until all insurance required of the subcontractor has been obtained. (a) WORKERS' COMPENSATION INSURANCE as required by the Commonwealth of Pennsylvania includin employers liability insurance with a minimum limit of $500,000/500.0001500,000. Such Workers' Compensation Insurance shall be end rsad to provide for a waiver of subrogation against the Owner and provide the alternate employer's endorsement to the Contractor. (b) COMMERCIAL GENERAL LIABILITY INSURANCE written on an occurrence basis providing the following minimum limils of liability: Combined single limit of $4.0 miillon for Bodily Injury, Death and Property Damage. or alternatively, $2.0 million aggregate separate for this project. The insurance shall include coverage for each of the foHowing hazards: Premlses-operations. Owners and Contractors Protect!\le. Contractual covering the indemnity provisions of this Contract. Products and/or Completed Operations. Property Damage arising out of explosion, collapse or underground damage. Broad Form Property Damage. Severability of Interest or Cross Liability. Personal Injury-with the "Employee" Exclusion deleted. DemolHlon Exclusion deleted, (e) BUSINESS AUTO L1ASrllTY INSURANCE on a comprehensive form covering all owned. non~owned and hird automabtles. ')roviding the following minimum limits of liability: Combined Single limit of liability of $4 million Bodily Injury, Death and Property Damage. or alternatively $2.0 mil Ion aggregate. separate for this project. i (d) The insurance provided for in paragraphs a), b), and c), above. are subject to the Following additional co dltlons: 1. The insurance provided far in a), b), and c) above shall be issued by Insurance companies acceptable 0 the Contractor and shall be licensed by the Commonwealth of Pennsylvania do business on the lines of insurance specified. Each olicy shall include a waiver of subrogation against Owner and Contractor. 2. The minimum limits of Commercial General Liability and Business Auto Liability Insurance requ red, as set forth in Subparagraphs b} and c) above, shall be provided by either a single policy of primary insurance or a combination t policies of primary, umbrella and excess coverage. Umbrella andlor ex.cess liability coverage shall be issued with fimits of liability w ich, when combined with the primary insurance, will equal the minimum limits for Commercial General Uabllity and Business Auto Liabi ty. 3. Any costs associated with a self-insured program, deductibles or premium rating programs that deterlne premium based on )05S experience shall be for the account of the Subcontractor. The Contractor and Owner shall not be required to participate in any such loss. If any such programs exist, the Subcontractor agrees to protect and defend the Contractor in the sam manner as jf such cost provisions were not applicable. 4. The Subcontractor shall be responsible to establish insurance requirements for any sub-subcontr ,etors hired by the Subcontractor. The insurance shall be in amounts and types reasonable sufficient to deal with the risk of 105 involving the sub~ subcontractor's operations and work. The sub-subcontractors of afl tiers shall name the Owner and Contractor as a additional insured under each requtred insurance policy and each insurance policy shall Include a written waiver of subrogation right with respect to the Owner and Contractor, 5. The Subcontractor shall present at the time of execution of the Subcontract the original policies of lnsura ce (If requested by the Contractor) and certificates of insurance and endorsements attached to those that effect the coverage p vided hereunder. evidencing such coverage is in force and complies with the terms and conditIons outlined herein. 6, AU insurance policies or evidence of the insurance required of the Subcontractor and sub-subcontract provide that insurance required of Subcontractor Is primary and non~CQntr(butory to any similar coverage ca Contractor or any other party indemnified hereunder, despite any conflictin.g pro\lisions in Subcontrac1or's policies t ?wner and Contractor Shall not by any reason of inclusion as a joint insured or as an additional insured Subcontractor's insurance incur any liability to insurance carriers for the payment of premium. 5 of any tier shall "ad by Owner or the contrary. The nder any of the 7. Each such policy of Commercial General Liability and Business Auto Liability Insurance shaH cont in endorsements providing the (ollowing: Angelo Iafrate Construction Company, Angelo's Crushed Concrete, Inc. and Denton AcqUisition Company, Le, its directors, officers, afflf/ate!;. divisions, subsidiaries, agents, consultants, and employees, and the Commonwealth f Pennsylvania. Department of Transportation and alt public agencies fr.om whom permits will be obtained and their director, officers, agents and employees are hereby declared to be additional insureds under the terms of this polley. That this in urance polley is primary insurance and no insurancE;'! neld or owned by the designa;ed additional insured shaij be called up to cover a loss under said policy. 8. The insurers must have an "A" policyholder's rating and a financIal rating of at least Class VI1 in accorda e with the most current Best's Guide Rating furnished. 1.4 NUMBER OF POLICIES: Commercial General liability Insurance and other liability insurance may be a ranged under a single policy far the full lill'iits required or by a 7combinat;on of underlying policies with the balance provided by an Ex ass or Umbrella liability Policy. 1.5 CANCELLATION, RENEWAL AND MODIFICATION: The policies shall conlain a provision that cover e will not be canceled or not renewed until at (east thirty (30} days prior written notice has been given to the Contractor. Certifica s of insurance showing (equired coverage to be in force and containing the endorsement set forth in paragraph 9.2.7, above shall e filed with the Contractor prior to commencement of the Subcontractor's Work. In the event the Subcontractor fails to obtain r ma1ntain any insurance coverage required under this Agreement, the Contractor may purchase such coverage as desired for the Can ractor's benefit and charge the expense to the Subcontractor, or terminate this. Agreement. 1.6 WAIVER OF SUBROGA nON: The COr'ltractor and Subcontractor waive all rights against each other and he o...vner and any of iheir respective consultants, subcontractors, and sub~subcontracto(s, agents and employees, for damages cau ed by perils to the extent covered by the proceeds of the insurance provided herein, except such rights as they may have to the in sur nee proceeds. The Subcontractor shall require similar waivers from its subcontractors. J ENDORSEME.NT: if the pOlicies of insurance referred to In this Article require an endorsement to provide 'for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. SUBCONTRACTOR'S RELEASE OF LIEN CLAIMS AS OF THE day of ANGELO IAFRATE CONSTRUCTION COMPANY, PROJECT NO. KNOWN ALL MEN BY THESE PRESENTS, THAT: 2000. Whereas ("Subcontractor"), a business having its pr cipal office a Angelo Iafrate Construction Company, ("C ntractor") having theretofore entered into a certain contract (the "Contract"), relating to the fUrnishing of materills, labor and/or equipment (t e "Project"), located at NOW, THEREFORE, for and in consideration of the sum of Dollars ($ ) paid by Contractor to Subcontractor, which sum represents the full amount due to Subcontractor as of POOT ' less and except that retention in the amount of $ still being withheld by the Contractor, all under and pursuant to the above referenced Contract, Subco tractor does hereby; 1. CERTIFY to Contractor that all persons, firms, unions, associations, corporations, or other en Ries furnishing labor, materials, equipment, or supplies to Subcontractor with the respect to the Co tract have been paid in full as of the date set out above except the following: (attach additional page, if necessary) and; 2. REMISE, release, waive, relinquish and forever quitclaim unto Contractor, its successors and ssigns, any and all manner of liens, claims or demands whatsoever which against Owner, the Subcontract r ever had, now has or which it or Its successors or assigns hereafter can, shall or may have upon any po ion of the lands of Owner or the building thereon standing, for labor, material or equipment furnished und~r the Contract, as of the date set out above, and; 3. FURTHER REMISE, release and forever discharge Contractor, its successors and assigns of 1 nd from any and all manner of liens, claims, demands, and causes of action whatsoever against Contractor IVhich Subcontractor ever had, now has, or which it or Its successors or assigns hereafter can, shall 0 may have for, upon or by reaSon of any matter, cause anything whatsoever arising under or out of the Co lract as of the date set out above, except as to the following specific liens, ciaims, demands and causes 0 actions; (attach additional pa e, if necessary) and; 4. AGREE to indemnify and save harmless Contractor, its successors, or assigns, against all loss, cost, damage or expense by reason of any and all manner of liens, ciaims or demands which anyone may have for labor performed, or for material or equipment furnished under the contract as of the date set ut above. iN WITNESS WHEREOF, Subcontractor has duly caused and these presents to be signed and atta~ ted by its duly authorized owner, partner or officer (and, if a corporation, its corporate seal to be hereunto affix d) on the day of 20_ Subcontractor BY SWORN to before me this TITLE day of ,20_. NOTARY PUBLIC (notary seal) Angelo Iafrate Construction Company Northern Division 6375 Baseshore Road, Suite 6 . Mechanicsburg, PA 17050 Phone: (717) 796-7025 Fax: (717) 796-7029 Hempt Bros. Inc. Subcontract Number 20007.S020 ATTENTION ALL SUBCONTRACTORS; OSHA'S HAZARD Communication Standard Letter (29CFR 1910.1200) require that we inform you of the chemical materials employees may come in contact with 0 our job sites. This list is posted on the job site bulletin Board. Our MSDS file may be found in the job site Fieid Office and will be made availa Ie to you and/or your employees upon request. It will be your responsibility to instru your employees of the hazards associated with these materials. In addition, the Occupations Safety and Health Administration requires that subcontractors or vendors furnish MSDS sheets for all classified materials used in the , construction of this project. We request that all MSDS sheets be sent to the job site at the address below. If the Angelo Iafrate Construction Company is issued a fine, as a result of an 0 HA inspection, in which the OSHA inspector determines your company is using or h s used any item(s) requiring a MSDS sheet. and you have not supplied Angelo Iafrate Construction Company with that sheet or for any other OSHA violation by your personnel, the amount of the fine will be deducted from the contract amount. Authorized Signature Date Company Name Address AN EQUAL OPPORTUNID' EMPLOYER EXHIBIT B (DETAIL STATEMENT) SR 0015-A12 Cumberland County CMS No. 082109 Subcontract No. 20007.S020 Hempt 8ros.. Inc. INVOICE # INVOICE AMOUNT AMOUNT PAID BALANCE DUE 1 $147,637.48 $147,637.48 $0. C 2 $91,662.77 $91,662.77 $0. 0 3 $56,652.03 $54,023.92 $2,628. 1 4 $3,055.94 $4,126.93 -$1,070.~ 9 5 $6,408.12 $6,408.12 $O.C 6 $1,442.92 $0.00 $1,442.9 7 $19,069.20 $22,059.99 -$2,990.7 8 $47,827.35 $47,827.35 $0.0 9 $4,026.96 $0.00 $4,026.9 10 $178,738.83 $175,260.30 $3,4 78.5 11 $112,628.69 $110,687.69 $1,941.0, 12 $88,923.60 $58,671.10 $30,252.5 , 13 $105,333.28 $105,333.28 $0.0 14 $98,405.72 $104,335.17 -$5,929.4 15 $48,687.55 $50,187.55 . -$1,500.0 16 $45,912.26 $45,746.25 $166.01 17 $2,488.84 $2,488.84 $0.00 18 $48,101.85 $45,881.48 $2,220.37 $0.00 $1,107,003.39 $1,072,338.22 $34,665.17 12/15/2004 EXHIBITC (pAYMENT BOND) UjPJ.2~~~. 06:12.... 7,1.Z7~1~q~_ HEM/'T Sf"::', ;': ...-...... ..... ...",.,~" ... PAYMENT .Botln 929162933 .8ONO tlO. KNOW ALL HEN .BY THEse PRESENTS, nn.t we, .._ ._. <t.:.::Anl:tolo Iaofr.:.ta Construction ColftpanY D/B/A Oe.nto"" Con:S1:ruct:i or ~:D,.,r'.I;I'Y . of Z6400 Sherwood Wa,.,..n, Miohig.~ 48091 PRltlCIPAl, and lIadaad Fire I""ur=ee' eOlJtll3.'ll? of aa.E!f.Q!'ol__ Chica!':o, ..Yo.- '~ corp"ra'tio,;, a. 5 URETY I $,.... held and fir'lnly bound" r.m~o the ~.tJr.trllfln' wealth ~-F P4rm.s:vlvania in the full and ";us-t. sum of twen'ty-one tI'I:i: Ci:m thrQ. hund,...d tw.n-t:Y'....ninA tkQUQ~d ~ift.y-six and 55/1DO___ dolltH"''' (~ 21,,329,,056.55_)) 1.wf'ul mQnl!)" t.l"f the UnitQd States 0" Ame,-ic;l, to-;;; pa.:id 'to tn. said CDmmonwealth a-f P~nrl$Ylv~ni.;a, or i-t a$sjgn,~;, to wh!eh ~aYMM"~ ~.11 and truly tQ be ~d., we bind o~rs$lves. DU' .h.1r~J .x.cu~ar., ~dminiBt~a~ors, and sU~eessor$~ join~ly mnd s~verQll~) ~~~Mly by th~.. PFeSQnt3~ SAal~d wjth aur resP.~tive se.l~ and detad t~is ~ day 01 y""L A.D. ZO-'ZO WHEREAS. The above bounden PRINCIPAL has undertaken to contrao~ with the s~id Commo~H4alt~ aT Penn<<Ylv~nlaJ by and through th. SecreTa~y a~ f~QnsportatiGn oav4ring the WQr~ i(h~;n"t.ified below. Tor apal""oxillately the CUM of __tw.nt~""cnl!l' mi J jion _._ "enr!!. hundred twenty-nine thOU.!iaMd f.i"f'.f:.Y-S1X and 55/1DO___...._c1oi l.::.r$ .. (t_21,329,OS6.SS_'. '- , -"'., ~"" ,lW,' ~:~. ,,;;,;/ ~;., -, "ff. ~" ~.. It '1 ..6&. . F.,..... -th. improvement 01' ::Ii c'I!:rtain SeetinI') oof! STATE HIGHWAY ;in Cl1MB:ERLANI CO UN , 'UPPER ALLEN TOWNSHIP'and YORK COUNTY, CARROLL TOWNSHIP. Commonwealth 01 Pennsylvania, slAte ROUTE 0015 SECTION AI2 end STATE ROUTE Z004 SECTION 003. also STATe: ROUTE 8047. Tk.is pro.;a.:-t biiOgJ.n$ ;in York Caun.-ty, C3"',..oll Towr,ship,' Q~~ra~im.tQl~ n.194'kilom.tQ~ south of ih~ bridS4 ov~r the YellDw B~fteches Cr~.k a~ St~ticn 9+305.000 (Segment 0160 Offset 1085 northbcun;, Seqmert 0161 Qf1set 1036 sotithbo\lnd) and ends in Cumberland CounT:l.J Upper l1lJ.er" ~tJ\oInshii.. ~DPr4xim~tely 360 'meters ~outM of the bridga nv~r Tr~~ic RDutt 114 ~t ~~at~o 13+191.000 tS"",""",t 0050 O.ffse.. ~H9 northbound, S"g"",nt 006J '1f~e" 01 11 s:o~bQund>". Alst1 inaludlll!lr.f are th. connee-t:ions Q-f S"ta-t:. fhu-t:1!' 2004 to +h~ in~lud~d in~~rchAng.. Also inelud4d Qr. tho relQe3~ion OT ~ow~~hjp ro~d~. r A work eanlSists of ;iJ cQllu,lgta "'.h...bilitation of this '!;Qc-t:iof'l of 11gr,w:IY j,.,vol \I; ,-i'l new cons-t:ruot.iQn.. ,..c.o"41"tr'Jct:i."n. and r-e.!:ur'fac:l.l\g O-T a DOl'" \::io~ of -rh.s r "l,<"d...~y and a new in~erchQMge with Q 04W structure. ThQ r02dway dnd ~.mP~ 4iJl be cons"t:rut;.-t:.d pr-ilqQ.r-ily of vlo1r:ious depths CT pl..i" eemer"l-t cQncr~ l::e- J;:lQ'JIIt"e-t"+., RPS on i::rI!Q"ttd 'j)~r-I'IU!~I.blCl bas. I.1VfH" svbbas. '(NO'. 2Al wi-th ....~ril)lJs df9>ot,...s 01 ".l"'.lr'l ceMent. <<:'on':"'61:6 p"V4!ment .p",. shoulder-oS. Tha~e;is a ~re~k,.e9se.j con.:rr: tu I 'l:1~;Ol bridge .s;.f;:t"uetur1!l. rh~r. =are 2 mec.hanically 31:.;\bilized ,.e1:o:ai....il1q 'va .1~. 1 -<::o.:iJ r\a.:iJ. t"1!taining wall.. 2. .s:oldier pile r'..'taining walls, 1 p~r-apet -'11olJn~ed 9tluT'ld barriel'" I and 2 gr-Qund-mourd:"d .!:"vncl b",.,r.1@l"'s. Al~a. inchldad .".r~ ';lar"iotJ!>' deo-t~ of b:!tuminoua pl!lving mater:ial rcr sMoulde'rs. r'acons-tr-ue'tin9.. ..t'ideni/19J o;:rl'"ld rlli.sur'fac;ing "x:i.s-i:ing Y"o.a.dwnY$; dr"'..tinagQ iml::"'''ovet'len1;~; l;oncr~-tl't qhH"'" ~CJ-~ef~ ~r-rl I bt'll"'r"i@rJ ;uide rail) Q-l:tQnu~i;in$J d@vioes; tt"af-fie .signals; signs ;;;md O;;V'i!'rT!@:r,-!; I I'fl~u"kel"'~; Rtlilintcflance. and pr-otl!!ci::ion of tr.aff.ie du.....ing con~'t1"'u,=tion ..tam~; cu,..t 07/19/00 ~7 CMS. DOOO?;. 9. TZ2D631 . COal:... 01) (CDNT!:!Acr ~~ . :'~:},;..: -~,..,. ')7f12f200~ t;;. r~,;;, ~~,'~" ~,.,. ~:., 05: 15 71 77510.53.5 . -- HE1,1P- FFO:: ;. ........4........ ,,--.---,",- :. and naountabr. cur:-b; 'l"'o~d$idJ!S develag.ttteni: i'''':.ems: right-01'':-w;;:. ~'!r'e~. i structur" demL1Ji-t-iof\s; "('.onere,"te P;;VIHlti!!nt ,..eJ1,'IIJbil,ita"'tior. ;; \-InS"" m~'~q~ P"~ l!lan; 2sb4l!l-tos r--ilutlo",.l; underground S~l:H"o.1ge "b:JI"ik "'t:m(l\J~j; ,;~pt:-.c r;y~. .l~t" rl!ll'IClvalj :and utilit-y reloca-\:';.on i'\:'!lm~.. =11 ",,;i1::hin .? 13ro.".l~'" . r;."gt,\ .j' " 11~'I. kilome.i.:arss 8S. indic:ai::ed on tn@ dr'a~ings &Pj:lr.o'....~d Moll,y Z 1'('00 and WHEREAS J it .".~ en1ll: oT thO' conditions. l~:f i::h~ :.ward af !;''"~ S8cr~tarY of Tr"'anspcrtat;Lan, acting for and c;m behal-F 0": 'tl'w r;Qll1fllon wteAli::h of Pi&nllsylv-ani&J pur,SIJ_nt tQ which s::Ioid oo"t',..~e+ ...,S!c: llMdoel -~at<;""1 by tna PRINCIPAL th~t th~~a pr.sents $ho~ld by 9xaeutad. tv bae'~Q bindir'\9 ul)cn the d.ta $aid Cl1,,-t:r.:rct. is apprQvF.ld for thrt IJf-l i C~ 1f the Budgai:. by th" Caml'b'aller. NOW, THEREFORE, The c\aod.:i.tion of this ClblJg.lOltiof\ i$ suen "~h"'~ :i'{ the ab'rlvG baunden PRIWCI?AL shall ~nd ",ilJ. ~""I)mp1:1.Y 0,- eaUtH" 1:0 b!!l p.~d in +ul1 all ~ums 'Q~ mon.y which .ay be duo by cont;&e+'o~ 0' off1l!11rwise.. t.o. Bn'Y individu:l!l, fir., J):ar"tne.rskip, assnciOilt.iof", o~ eorpora-tian, -far all ~ttll"ials furn.ished' or labor" ~uj:)p.lil!d Q'''' p.rTo~m_d iM the prD5eeu~~on o~ th. wo~k, whe*her or not th~ ~~id .aterial 0,.. lQbor en-ter.ed :into And. D4eJ,fme compOM@r\"t: p:.rk:c. Q;:' tn.\'? ..,or'~ Or" imc:zt"Qvareen-t: oon1:e,"plat,l3d.. and far rC!tnt:al 0+ th.e $quipm-ord:. Il.S~d ~"C lilU"vic8IS rendered by publ:io u1:;ilit";.e5l in, 0,. in conn&r:~ion f"". t~ ':he prcs8c.ution OT such work, 'the" 'this obligation to 00 void, (~-t:"'f)"''''~' se toe rtllJftlllin in full .ottore.a and o"'''.c'l:. Th. PRINCIPAL 'Ana SUR~TV her"'eby J jointly ~nd severally, lIgt""!'''"? with tha abligeG he"'8in -that any individual. f:i/'"'IJt. J:'a,..-f:nerosh,.p a.ssoC'iatiQn Dr corpor;a-ts'orl, which hgs per'formlllu:f labor or -fl.lrnj..:;hnc MQ~.rial in the prosae~tion a~ the work as p~cv~ded. and an~ ~uolic utili-tywhieh has ""ClndC!,..~d .!;ervices i.,.. or ;i.r\ tlonolQlct.ior\ wit"', the ~"Q~deutjO" QT s~ch work, ~~d wnf~h h~s no~ b.~n p=id in fuJ1 th~r~~ fori may su. in assuMPsit on this P~Yma"t Bond in hi~1 ~hQir. c~ j~$ C1~ naft'te and ma,y praslBcl,fte the ::am. to fin3l1 judgeme.ni -(0.'" ~ti ':.~ ,"-_01'P\ or SUM ~s "'~.Y b& jlu:1:;ly du~ ~ilt'tl tnel'l:ll Dr .it.i .and nave exec:uti""l i:,..l!!,...~. on. Providedl hDwev~r~ that the CammQnwe~lth shall no+ b~ li~hl~ ~or th@ pQyma"t o~ any C~S~$ O~ exp~n5e3 of $uch sui~, Reeovory by 8ny ihdividu~l. firm. p.rtn&~$hip, asscciatlo~l or c.C1rpttratilJn I"HH"'e",.,de,.. shall b. subjC!!lc't to "the. pr-Qvi.s.i.Qns o'~ t:h~ ~P~blic Work$ Con~~3e~or~' !cnd l~w o~ 1961~. A~k "~. ~a5, aoprcv~c DQe.mQ~r 201 1967i ~.L. 869. whi~h Ae~ $hall b~ iheorpor~ted kQrP,tr ~nd "'Qda a ;lfilrt her"eol'. as' ~ull:y and e.,,.pll!-t.~ly a~ though Jt.~ pro' vi$ionSll U-:,..e fully and at l&'1n91:h ht'!J""ein recited.. I~ is fYr~h&r p~oyided tha~ any ~l~Ara~ia~$ w~ieh may b~ ~ad~ ~, ~. ~erms o~ ~~. contraot Dr in the work to be don~ Dr m~t~~i;\ts to b~ 'fu,..."iS"hed or l~bDr 'to' be sO'Pplied 0'-' P4!lrio!""tni!d under- i~ Or thl(\ gi'-'i'1,9 by t.hA C.,r,JItlClnwealth of ;;.hy .x'tltnsiort at tilft,e for the P~~Tr:t"'IIt.ar,,:~ \:f -the, eon't....~c'* 0'" t1n:l:(" other 'fqt"bearanl::l! on the p;;lrt of t!li i;het'" tht' CQ.il\m1Jn'tf~~lth 0'" i::h~ PRIHCIP/~l. -to the o-thar I sh.;al1 nO't .:in ::1",",' .Ol'y rl!lla:a~ ih~ PRINCIPAL .and tho SURE-TV or- SURETIES or I!i"th~r "r ~lny ':IT i:hp~ ''tf1' h' . . - i S.J.J'" elrs. e.xeeut""':I~. $)dmJ.n).st-",~'b:H"S) 5Ucce9S0r~ or a<;:!'!'iqr-,; T1"OI7l their liahilit:y hlilre.unt!@r"'/ no~::it;Q to thQl SURETY or SURFi'IES eO: ~ny sueh ~lte~a{ioh! 4x~en~i~n, Qr forbearance bein9 hQrqhy w6iv~~ 07/19/00 48 CMS. DOOon" . 7220631 ,COB?I n q( {:ONTR ~CT "-. ;:: '.';J,:''''. 67/i2/2004 06:15 71 77610635 HEHP T tHE C/: -. :"""" "- ..... ...~...... .. .-.. .... ,.... """''-'f'. ,~, '. '.'.' .) III WITNESS WHEREOF, th.. .odd PRINCIPAL and SURETY ho',,, :I"l;' .".cuted -this Bend under- seal the day :md yellr ~i"'~1: ~bn I~ ./r1+.b n .' ~9 CMS.D000719.T220631.C082,09(CONTRACl "1':. C~ ~-.'-"J'r 07/) 'ff.2\i~~ _ !lR; 12.. _. 7o~Z7~1.~5~~_ uu.,~f:J~r:~ Ef.;q~ . It.: . Angelo I~';rai:!! Constr"Jt::: .an ;c mOAn)' .D/B/A Denton Canst-lc'..: on :f-I'l1P;:;I'"; ~u <~- f~"l),. S.ignatur-. B" / .. , ~./~~~_. IF" SiQra'tur"(,) 0~-P'>"ad.......i ? TitJ~ M6-r~4- THh .':....',':. 07 :., CI!:J"'-':) " N.a.eiollal Fix-eo Insurao:5.s,:::omp-a.nr.J Brirt ford StIr at'y C OMd;any At test By _U OJ.L\ .~~ <~- (Seal) H;1XY "gin""" Kr:.::t-}.J"" R..~~?J>,<"i-- Ka~hl~en Runett~arn.Y-i~-F~e+ AHoroney-;in;Fad Certi-f':ic;1UQn *The under$i~ed a~tor"ey-in-T8et by e~~cuting this Paymeh~ D.ond c.rti'f'ias th~t he/she is licensed with ~he CDl1lp&n~ l1a1ned as sut"ob, fa,., this bond b~ the. Pennsylvania :Cn.sur.nncl! D~p~u...t1rYeT1-f: .;and that 'to ~kl!l b.@.S't Qf' hisl11.r knowledge the said :surety :i~ J.ice.,,s;P.cr. w.:i~' \he PlII:nnS)'lv",n.iil!1 !nsuI"'anca lJepar-t:ment. INSTRUCTIOilS - PIs"".. "i"" ><her.. indic~*ed (<--). If Co~po'" tim' sign by Pra~iQ~~ or Vioa Presidant and ~t~es~ by S~e~Mt~ry c~ 1reQ!5l,1rer. AHj.x sefill. If P.rtnGrship, .";',t'iln by eQ,ch p::r,.'tn",. ~n~ wi~n.3s signa~,.. QT each par~ne~. If rndividu~lJ siqn ~y pt"cpri,,'tor and w:itnesi..$. !nd;iea-t.. surety t:Drrll~;lnYI sign bv ~L-to,..neY~ in-f-~ct (PA l1o$n.sad Residant Al;@n-t Only) " obtain w,i tn~.:5.5 sj gna'hlr".;o., 3Tfix SlIl""lIty componyt S 's.!Ial. A't:tach Pow!!r of At-t",..ney J ""j t)o, '!mbnssec stUll.. t. 0 -\:hi 5' p:age.. 071l9/00 so CMS.DOOO7:i.9. T22063J ,;0821.19U nNTPAC:, ' ,'7/12/2664 a5: 15 7177516635 "U~ __.v. ..___ ._. .-. HE/iF', EPJ', : ' r ':".1'. ',: -I" '11."....'..'-, POWER OF Arr()~NEY APPOINTING INDIVIDUAL A:TORNEY-IN- AC'I" Know AU Men By Tn." ~.rrb. That CONTfNfENT.Al CASUALTY COMPANY. em IIHn:':li<; ::.o~.;Q1 gIlO,.... '\JA 1':'N~t. FIRE INSURANCE COMPANY OF HAIiTFO~O.. Connecticut co~aticm. AMERICAN CASUAL TV ::~M;,~'lV 0' RE DING . . PENNSYLVAt-UA. .. P.nMylVania COf"POI'3t)on {hE1"ein eollectlveIy c;Uod 'i'he CCC Sun~ty ('..umnanlei ; :!re ell,,! 0 . ar~oc and Imzllrlg CQrporaUons /')eIvino their prtnclsral affl.e05 in th4' City gf Chicago, and Statll'O( IIJfnof$. ~rl(l tf1~! t~'131 :f,~ ~ y 11r..\i~' ,f In . !il~n~lur~ al'\d seals herem oIfi.ed Nl,.by make. ""...1!tI.Jta a"d appelol Steven K. Brandon. Robert O. H91)er. S:al=ld~ G.:.tda. MaN La9\nM$, K~hleen A:unQSL;JM~..:.1.::1= ~~~:!i. __ _ _. ~__. ____.__ _... --_._~.. .._-.. ---.-- 0( S""'thflold,M~. ... ''''...__ ~_ lt1elt true and ta\\'ful (s)-In--Fad wtth full power and authority hel'~l:',y Qonffilrroo le !'Iiqr, r:a~:I artd ~~ ~cutf' "",; " \r: l~r: ll'l".ir ben'llf bonds, underraklngsarldothercOligatory,r.eUumenboofsimilarnaiure __< ,.~.__, .. ._~ . -lnUnllmltodAmounts- . ,_____.__- __ and: to bitJd'thdm thereby as tufly 'no tc tJ1G 5an'\ll extant ae if such IMtt'Umer\ts Wllre :&lgned- by ~ ';l1lY .~UI"Om:~ 'J f oi .~heff COrDOfl31iO"$ at\d all the adS of slIid Anomey, pur;suam 10 the authority hereby 9(ven aft' hereby r;;.tit'led and ~nfirmro This Fcwer of Attorney Is made and oxecuted pucsuarit to. and by authority of the By~t.;~w.!; ~.rd ReSCh ltlOns. ;lrlnr :'J!"I tl"te rever-iJ! herool. duly a<fopted. as 100_. by tho Boards 01 Direct"'" of the co'''''''_s. In WftnM!l Wh4Iroof, the CCC SUl"et:I Comc.niM rr..ve t::ilIui:ed these pr&s.8nt!; to be siGNee by thRlr I ;roue- '.Iicf' r@Sidentard their """"""to .eaIs 10 b. hereto_eel on.thl. 29lh <fay of JUOB . ___ 2000 CONTINENTAL CASU"';Y COMPANV NATIONAL FIRE INSURANCE COMF'AN"O" ~APl'FORD AMeRICAN CASUALTY COMPANY ~r- ~e:A NG ~NNSY~VANIA SIaIB of IUlnoIo, County 01 Cool<. .s: On this 29th day ~ JUnIil 20Qu ,beforl!",e ~...on.;lly ~me Midlo<ll Gengl.... '" me _. who. ~ by me c!U\y owan, dld _. ~OO '''Y: that h. "..10.. I;' tile Clly of Chi""ll~. '~la1e 011111"",,; t/Jgt he io a Group Vl<;a Preaidolntof CONTINeNTAl. CASUA~TY COMI""NY. NA"TIONAL FIRE l'ISURANCE caMPANaF HAAr..oFlO. oM AMEFIlCAN CASUALTY COMPANY OF ReADING. PENNSYl.VANIA o..crit>otl 10 aM whl", .""cuted It>< .oove it'umBot: thot h. k~ the. seals of said corporatiOns; that lhe seels strb<8d to 11"t8 mild- instn.rtrwJr\t >\Ire s\.lch corporate seals; that th~y wer !':D affixed' ,ourslJl:f1t to at.lthortty ~ivon by ihe Boardsl tlDtrecfcrc at.said ~rporattons 8r'1d thaI he "lgned his r.:1me tnere10 "vf$~"1 H<;e authorlrv, .nd ac!<nowfecJgllS """'" to "" tI10 act aM oHd Q! .ala_llons. ...................4..~..... . . 'OFl'lClJJ. seAL" : .: DIANE FAWCNER : : ~~""4f~ : :: _ClnJlWIlUA...... ~~'.7~!.; My Com"",,,,,,, ~I'" Sep_ber 17, 2001 CEFmFlCATE I. Mary A; Rlblllaw9kls. Assl8lllnt See,eteIY'" CON11NE:NTAl CASUALfY COMPANY, NATIO'lAL f'lRE IN~uR.ANC ';OMPANY 0" HAR1FORD, ond AMERICAN CASuALTY COMPANY OF RSADING. PENNS'r'1.VANlAdG M"'by ;er1ff) Ih.t the Powe,o Momey he'eio --- set lortll " .UU In fo1>:s, and Iurtllor c.n!fy that INl By-Lw and Fl..",lJtIon 01 the Board 01 DiN\clOrn oi .acr ""'PO'<II' r prioted on 'he ~e hareot are sUf1 in force, fn latlmuny 1I4hemaf I h3ve ne-rourrto svbstrlbed my name and afflx-!d tn.( $~I:-; ~( :he . ,;old COrporations lhl$ . 7 rJuy c( J) U ~" ~ r . ~. CONT1N!HTAI. CASU.ALT'Y' C()MP/Io"lY NATIONAl FIRS INSURANCE COMPANY .oF "AA AMERICAN CASUAl-"" COMPI\NV I1F READING. p. L'td a ~" Mary A Ribil(aws~is-. 4ssl'ltam ea-eblry (R....., '01'197) .-----.-. -- ~-d-{ /~r' Mld'Iael C"l'OllQlm _.- -----G,<.".,' v~ F'rpidmd ( . ~;z%:?_.'l ""'- ,', ~-J..._(':':w...~.~ - ~_. , ~ty PtJbHc Of~ne F ::lul~r\r'l' 87/,2/2004 0&:15 7177510535 "'OF" ,,:F"" : I. _ ..~ ............ ~ ...... ... ,,,,~ Authorizing By-L.aws and Resolution:, AOOPTED 9YTi-lE eOAAO OF OIRECTOR~l OF CONTINENTAL CA$UA!_ i"Y COMPANY Thl4 powar at Attomgy ls IT'\:lCl~ ~nd e:-:ee.J\ed put'$lJ~rrt to an.d oy authortr~ of :Me fOilO',I'vT9 0,"'0\0'" or t~e Company. " ;;W 1u i' ,1C'1Ct'J,o.r: ", 1~..; a');},~a ",t "Articl. f~eutlot'\ of OQcumf}nU Section 3, Appointment of Attom~~y.lt).o(C1Ct. ilmChalnnan Q{ the 8::.arn of Olr~. :1'1.;- ~,.o:;tc:l:" ,or :\1:"'" ~:;(.t'!r, ~.1:::. S~l~~~ ~r Group \'lea Presld9f'1t may. from til'l'la ~ timft, appofm by written =ertJfic.afas ~Home)l!i.:",,'ac! I~ fit;!." - ,~t'~. . ft'_l -,{". D~r'>Y ,-' the, 8G\rtiOn of pOlietes of i~urance. I:lQrlds. undertakings a1'\d other oougatory :nstrumgnr~ of :'~ -! r;:}t~ r; $I..C' ~rtcr ~y:t. l"\-f::.c'.. s\.lb!ec~ ~.:; : limttat\CJ'lS set forttlln their rlisp8C'11ve certificates or It.rthorftY, sMaIl have full pO"oVilr 1:::, blr:! !~!:II '.cnpar"l' ~'I t1 ,<r ~'gnat:JrS' M~ e.xecutiOf'l of .any 'Such_ifW;trument$ ~1 tQ att3eh th&~eal 01 the Company ~nereto. The :::,"'ai"""'<li o' f/'lr,l aC<'l~r:' of. 'rSC!:rrs,lhe . ProsidMt or.any executive. SeniDf or Gro~ vtc:~ pm!.ldont or th~ Board of Direc1:om. (:"l;W ~. ~"Y !o/"l".~. re"..,-:<? ill, xw.....r Md ;nrlho'it,/ previously given to any attom9l'-in.lac.t" Thi& ?cweror Attcmoy Is ,algr'!ed and mUlled by fad'imlJtI undCllr and by me (lUfhOrity of ~!1e ". '.~W',,:",~ ~ '!t~il!"'"'('l ro,' C'{~' by n,~ 9~Te' rjf Dlroctors of 111. Compony'ilo moOting duly ealle(! ar.d Mid on Ih..17th dBl' o( F'ebrua'Y. 1993. ~RPl!;orved. t"'rat the- $;gnaturJ! Q(ttlt\' F'(Q!:ildent or l!I"'J ExeQ1tive. SIIM'tor or Grou" Vlea P"esJCJe,l ;J;ld tn~ ~ea; J '~he C:2rnZlal"ly'l.a'! be affDled by facsimile: on any powerc.fattorney granted pulSuant 10 Section 3 of Article;X ~f '~p. c-! 'l<l~- ;~ !~.J;o ~.~:r-;at~~~ cf the SeCfQmry or an Assi5tant Secretary .,vj the ,eat of the CaTlpany ~y be afflxed by fdc.-"lm/(e 'e",T'\) ~.,rtlfk..3,~ 0'" ,~> ~;JC,. pow.er and !r'\y pewcr O~ C9rt!tlc::a-te bearing sucn racs:jmue signature and seal Shall be vaJJd and binding on t"le ,:Cmpar... AMY ve.... OO'Har &0. extlCUted eM :JeafGd and cM1lnMl by c:ertJflc:ate 50 executed and sealed ~haJ1. with ~e.s"ec;:: Ie .1nV ~Jn.;! Qr I. "r.!grc,k ..g '::I wl\tc.. tllS ar.aChedl contlnwl to be vaUd and bln-:.ltng on tne Company." ADOPTED BY THe BOARD OF DIReCTORS OF AMeRICAN CASUAL'I"( CQMPANY 0" RlOAlJli';G. ~E"N3Y1." AN'J This 'Power of Attorney Is mad. and e:<ecut8d Plnlu.ant to and by au~nc.rity of the rQI~GWI""1 B)I.l~W :;\)1: fT{):):>IP.'d "I' or. '30';fC rr. Dlmelor!I 01 IhO Company. "Artle.Je Vl-.&ocutloft of Obfig3tJOl1S "nd Appointment 0' Attornoy-in-f.3d S&etleln 2. Ap~l'ltment ~ Attomey.il'\o-fact. 'The ChaIrman 01 tl'le 803m of DirectOrs. tha Pm$ldl3r'1( or :any 8ecuf .J~. Senior or Group VIes ,oresidQnt may. from lime- to timEt. ap.poln1. by written Oet1:lllcat9SJ attomeYs-ln.(aCl to act .n e.eh3H of the .1I1tTany 1/"1 ~he dxtC1ltlM of pofLcles ofinsurance, bol'l~. undertakings aM other obllQ;9lOry It'I$1nJmgnts of lIkf nat,,:g. Such ;::ttome~I.,.fd(;t, SUbject tel the IlmltaUong set forth In U'leir rM:pectiVCl etrtffi~t88 of authority, snail n:jve tull p<:Iwer t(~ bind '.he C;';:lIT,pany Dy ttu~lr ~t')~.mJre and QxeCJJtion-of csny !$V1;ft instruments Me to attach the seal of the Comprany thereto. The Preslae~t Or :1IW E)(e.;.:J\iV,. S -htnr or GrouD Vice Pr'8$ld.nt may at:1rt'f (1rM! revoke aR p.:mer and authority previously 9Nel"l to any .ttomey~n'f:-l~ . TtIi!i Fower of Art~y Is ligned' and ualed by tacslmltaUNSer;incS by ~h& ~utnority ot ttle rOi/owi'"'Q R"$O!II1,""" i.: Jt:' .,1 :,y ~ne 3o.;,rd of D\~", Of the Companyal a meeting dull'called and hel<lon the l1thdlly 01 Fob"'o'Y. 19n -r:ll!!!:oNea. th~ the algTlS'ture aft:hl~ Presk:lent O(Rny Exl!JC:utlvll. S'.'vOor Or Group Vice Preslaem aNj ~t\~ ~e'8il ~)! th SomDa/'ly m.;:lY be atritec:! by facsimile 00 at!Y power of attornii)' QraI"lte-d pursuant to S6CtJon Z of Miele VI 0' I."Ie By Laws. and tho Si. a.tl.i~e of In@- .Sscratary 01 an ,Mmi$tant Se1:relary and the seal ofthe CompMY may be affixed bY' raesimilt- ,~ .'3ny :~rt(flcat~ of ~f\y :JJe-n ;)Qw@r and 3ny pgwer or cettifjc::at!!l bearing sudl faesin'1ile signatura and $eai t;h911 be v:alid and 'clnCtng 0(1 :tJ~ ':'omMf1',. Anv sur: O'owe( 50' l;!~ad ;ncl sealed and oertlfi-lk:t by es(tIf"M:::cH.g 30 executed' and senil!d st1.aU. Wfl:! rasoed In ~nv ':)0 1( or In;1j'''~,';(lr'~, r,' whfr:h il :S attached, rommu~ to be vulld and bind In; on the Ccml'2ny.. ' AQO?TEO aYTHE ;\O,.,RO Of' DIReCTORS OF ,~ATIONAl F'IRE INSURANCE COMPA'IY 0' H""'~FOP.C nu Power of AttOfT'ley is made. and ex-ec'Jted pursuant to ifnd by authortty o( fhe follo-Hin;' A~St)fLlfl~r'! ::LJJy ~(10;:;tec ,:;r, 1993 ~y tho Boar>:l of OlradOrs 01 "'. ComQOMy. oRE-SOLVED: That the President, .In ExeeutIVe Vice President, Qr any S'\1ntor or GfOUO VIC~ ri~....io~nl c,. ! 1A- .::.,.,rpo I tlfTle to ti~, 8POO\I"!t, by written cartiliQlte!. Attetmeys.in-Fact to act In bElhoatf at tho! CoI?Ol"atlor ir \hp. e1C&Cutl(ln Of O(\ljc bonds. IJnaertakt"ow- -end- ottUM' ob~ry insttuments of &ke natvr.. St,rC.I-J Attorney.in~Fac:~. subject to tt'lf! lirni~tiom ~AI rM~eetive ~rJC;ate$ of authority, st'm:lf nave full pawer to bind the Corporation by !hl!lr $ign~tv,.~ ar(! ~xeCl.JMn of ?ny $ ~M to attach the- seal of the.Corpora:tI01. the'eto. The PresIdent,. DI"t el(ff;utivEI! Vice President ~ny S!;'ninr or :;roJf; V'Cl: \he Board of Orrectof3 may at any Ut"i'1e I'lltVOIc;~ all' ~arQt'ld authOrity previOUSly gIVen to nr., A.ltorn"Y-'''''~81- . . This POWQr or Attoml!)lS stgned and Sf!8100 by f.al;SJmtle under <100 by the autnorlty o('.hq fOllrylfr-; "f!! olUlin...- )GG:)tl,l--j O/l"eCtors oIlhe Company at a mQQlIng duty ~lled d'nd held Ol'! the 17th day of February. 199J -RESOLVED: Thaf the signature of the ~r'E!;Sident. aM E::te-cutlVe \fica Pre..slde-ni or any Sf!rio~:lr r,n:UD V''';~ D"P.Siden lal'C '.hl! se-"li of ~El CorporatiOn may 1Je affi~ by (ac.:slmlle on.any power oi attorney gra1'Hed pursuant 10 thE' .~P.'S(;llu!;on "Icoplet: bv tt".,' I 8o:1rd of Oi~Or:l. or. Febrvary 17, 1993 and lhe 3Jg"ature- of a Secretary or all A.sa~tant $e~et2rr and the ."l/1';lf .,f lh~ '.:<)r'OOrn1ian may be affixed by '?cslmfl-e to any certif~te or ;~ny SliCn pj'Wf;l.r. :Jnd any pow~r or certffic:ata baanl1g ~\,;<:h faCSImile s:gnalUrp: ~n.--: ~~\d' '~"";;H b~ valid and blnoJn{;l on the CClrp<:H'~tiOT'l, Arrt such power so gxecutetl ana ;eale-d and ::artil'iec' 0' 'ar':.!ficatA ~o f''Xi>'f:l.~Nj ;:1,1-' .o;';3fec. ~.':!t; wi&. rMP"Ct to :.ny band or undertakio9 to WhlCh it \:i; #.aChad. continue ~o ee vali.j ~M tif1dlf'::! ;rn ~"r' C croC":>.tio-r ~bnj;r.( ',7, tJon may, from s of insurance. (in in t.iejf ch jnstl'umgnl ~ident or ~ne 9c.<:rd Cr , . EXHIBIT D (DEMAND OF HEMPT BROS., INC., ON PAYMENT BOND) I ,/;.9 SOUTH ISTH STREET CAMP HILL, PA 17011 E-mail: mikebamJ'!\(a)vcrizon.ner BANGS LA Yl OFFICE PH NE: 717-730-7310 FA 717-730.7374 MICHAEL L. BANGS, Attorney-at-Law WENDY S. CHESBRO, Paralegal WILLIAM . MILLER, JR Of Counsel July 13, 2004 VIA CERTIFIED MAIL National Fire Insurance Company of Hartford Continental Casualty Company CNA Plaza 333 South Wabash Avenue Chicago, IL 60685 F6LE RE: Bond Number 929162933 Project: SRI5-AI2, Cumberland County, Pennsylvania CMS No 082109 General Contractor: Angelo Iafrate Construction Company Subcontractor: Hempt Bros., Inc. Gentlemen: Please be advised that I represent Hempt Bros., Inc. ("Hempt"). Hempt provided certain work and material to Angelo Iafrate Construction Company on SRI5-AI2 in Cumberland County, Pe sylvania. You provided a payment bond on this project to insure the payment for work and materials p bvided on the project. Please be advised that we are placing a claim on this bond. Angelo Iafrate Construction 'ompany has failed to pay Hempt for its work and materials supplied on the project. Currently, Hempt is owed $80,546.65. By copy of this letter, I am advising Angelo Iafrate Construction Company of our claim. ,I have also notified Penn DOT of the claim as well. Please send me the appropriate documents to v rify our claim. Very truly yours, Michael L. Bangs wsc cc: Hempt Bros., Inc. Angelo Iafrate Construction Company (via certified mail) Pennsylvania Department of Transportation (via certified mail) , . . CERTIFICATE OF SERVICE m tk- -i AND NOW, thisv<{; -day OLJ04'1U{!f~ ,2005, I, Michael T. Tr ler, Esquire of ABOM & KUTIJLAKIS, UY, hereby certify that I did serve or ca sed to be served a true and correct copy of the foregoing Praecipe to Attach Exhibit, by first class mail to the following: Michael L. Bangs, Esq. 429 South lam Street Camp HiD, PA 17011 Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Michael T. Traxler, Esq. 36 S. Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 , . ,- <- \""';' cr, \_,) < ~) (~ '- ':1 3 / t.., L .ffJ . MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 HEMPT BROS., INC. ) Plaintiff ) ) vs. ) ) ANGELO IAFRATE CONSTRUCTION ) COMPANY and NATIONAL FIRE ) INSURANCE COMPANY OF ) HARTFORD, ) Defendant ) ATTORNEY FOR PLAINTIFF C;,[,;py IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL V ANJA NO. 2004-6496 CIVIL TERM CIVIL ACTION - LAW TO: NATIONAL FIRE INSURANCE COMPANY OF HARTFORD eN.A. Plaza 333 South Wabash Avenue Chicago, IL 60685 DA IE OF NOTICE: April 20, 2005 IMPORTANT NOTICE Required by Rule 237. I (a)(2) YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYER A I ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 (717) 249-3166 :;7'7;uJvuJ l (~ICHAEL L. BANGS Attorney for Plaintiff , f}'if/AJ I ~.> c:' ."-:~ CF' :~.~"' .-, ;.......) --~, i',) ABOM & KUTULAlUS, LLP 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 HEMPT BROS., INC., Plaintiff PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, v. : NO.: 2004-6496 CIVIL TERM ANGELO IAFRATE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Michael L. Bangs, Esquire 429 South ISTH Street Camp Hill, PA 17011 Attomey for Plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MA TIER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING. .j1BOM & KUTULAlUS, LLP ~6 S. Hanover Street Carlisle, P A 17013 fl7) 249-0900 fIEMPT BROS., INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 2004-6496 CIVIL TERM NGEI.O IAFRATE CONSTRUCTION CIVIL ACTION - LAW OMPANY and NATIONAL FIRE NSURANCE COMPANY OF RTFORD, Defendants : JURY TRIAL DEMANDED DEFENDANTS' ANSWER, NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT Defendants, Angelo Iafrate Construction Company ("Iafrate") and National Fire Insurance ompany of Hartford ("National"), by their undersigned local counsel, fue Defendants' Answer, ew Matter and Counterclaim to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. Admitted to the extent that Iafrate did work at a 'ghway project located on State Route 15 in Cumberland County (hereinafter "Project"). Denied the extent that Iafrate was the general contractor on the Project. To the contrary, Iafrate was the rime contractor on the Project. 5. Admitted. 6. Admitted in part, denied in part. Admitted only that Iafrate solicited bids from several sphalt and paving contractors to complete portions of the Project. Denied to the extent that Plaintiff made contact with Iafrate by submitting a bid to supply goods and services for a portion of the Project. 7. Admitted in part, denied in part. Denied to the extent that the Subcontract Agreement ~ttached to Plaintiffs Complaint as Exhibit "A" is a true and correct copy of the Subcontract ~greement entered into by Plaintiff and Iafrate. Denied to the extent that Exhibit "A" proves that a $ubcontract Agreement was executed by Plaintiff and Iafrate. To the contrary, Exhibit "A" is a I I ~ocument that was not signed by Plaintiff or Iafrate. Admitted to the extent that Exhibit "A" to flaintiff's Complaint is a unit price agreement. Admitted to the extent that Exhibit "A" to Plaintiff's fomplaint calls for Plaintiff to provide materials to complete asphalt paving. Denied to the extent ~at Exhibit "A" to Plaintiff's Complaint calls for Plaintiff to provide various goods and hauling of I ~aterials on the Project. To the contrary, Exhibit "A" to Plaintiff's Complaint specifically requires te Plaintiff to furnish all labor, equipment and material necessary to complete asphalt paving. . enied to the extent that Exhibit "A" is a document that speaks for itself. 8. Admitted in part, denied in part. Admitted to the extent that Exhibit "B" to Plaintiff's omplaint is a detail statement prepared by Plaintiff. Admitted to the extent that Iafrate ordered ertain materials from Plaintiff. Denied to the extent that Iafrate's orders were in accordance with he terms contained in Exhibit "A" to Plaintiff's Complaint. Due to the fact that Exhibit "A" to laintiff's Complaint was not signed by either party, Iafrate is unable to detemrine whether the ounts listed in Exhibit "B" are accurate. Admitted to the extent that Plaintiff invoiced Iafrate for ertain goods. Denied to the extent that Plaintiff invoiced Iafrate on a regular basis. 9. Denied. The invoices referenced in paragraph 9 were not attached to Plaintiffs omplaint. Without the referenced invoices, Iafrate is without knowledge or information sufficient t form a belief as to the truth or accuracy of the allegations in paragraph 9. Strict proof thereof is emanded from the Plaintiff. Moreover, the Owner of the Project, Pennsylvania Department of 2 Transportation (hereinafter "PennDOT"), verified quantities and maintained records of the materials that were hauled and delivered by Plaintiff to the Project. Exhibit "A" to Plaintiff's ~omplaint requires all quantities of materials to be verified before payment is made. PennDOT 1naintains records of the verified quantities delivered by Plaintiff. Defendants have made several fequests for PennDOT to produce said records. As of the date of this pleading, PennDOT has not fomplied with Defendants' request for records. These PennDOT records will detemrine the tmount, if any, that is owed to Plaintiff by Iafrate. Denied to the extent that Plaintiff's invoices are tontrary to the records maintained by PennDOT. It is Iafrate's position that the amounts invoiced Fe incorrect. COUNT I HEMPT BROS.. INC.. V. ANGELO IAFRATE CONSTRUCTION COMPANY BREACH OF CONTRACT 10. Defendants incorporate herein by reference the averments contained in paragraphs one ,hrough nine inclusive of this Answer, New Matter and Counterclaim as though the same were set torth at length. I 11. Denied. To the contrary, Iafrate has not agreed to pay the costs for the goods, materials ~nd hauling services as referenced on the invoices. It is Iafrate's position that the amounts invoiced fre incorrect. Denied to the extent that Plaintiff's invoices are contrary to the records maintained by tennDOT. , 12. Denied. To the contrary, Iafrate has paid substantially all of the amounts that have been voiced. Exhibit "B" to Plaintiff's Complaint is evidence of this fact. Furthermore, certain work at was invoiced by Iafrate was completed outside the terms contained in Exhibit "A" to Plaintiff's ~omplaint. Pursuant to the terms of Exhibit "A" to Plaintiff's Complaint, work completed or taterialS supplied outside the terms of Exhibit "A" to Plaintiff's Complaint require a written change I I I 3 order. Certain work and materials invoiced by Plaintiff require a written change order for payment. Plaintiff did not obtain written change orders for work or materials supplied outside the terms of Exhibit "A" to Plaintiff's Complaint. 13. Admitted in part, denied in part. Admitted to the extent that Plaintiff has contacted Iafrate to collect amounts Plaintiff claims are owed by Iafrate. Denied to the extent that the ~ounts Plaintiff claims are owed by Iafrate are in dispute. Denied to the extent that Plaintiff's lnvoices are contrary to the records maintained by PennDOT. 14. Denied. To the contrary, certain materials delivered by Plaintiff were not of the quality rxpected by PennDOT. PennDOT did not accept certain materials delivered by Plaintiff. fennDOT then refused to make payment to Iafrate for the defective materials and services. "lain tiff did invoice Iafrate for the defective materials and services. Iafrate has not received payment trom PennDOT for the defective materials and services provided by Plaintiff. ! 15. Denied. To the contrary, certain materials delivered by Plaintiff were not of the quality txpected by PennDOT. PennDOT did not accept certain materials delivered by Plaintiff. , fennDOT then refused to make payment to Iafrate for the defective materials and services. tlaintiff did invoice Iafrate for the defective materials and services. Iafrate has not received payment , ~rom PennDOT for the defective materials and services. Again, Plaintiff references invoices that , tere not attached to Plaintiff's Complaint. Without the referenced invoices, Iafrate is without I lfnowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in i i *aragraph 15. Strict proof thereof is demanded from the Plaintiff. Denied to the extent that i *aintiff's invoices are contrary to the records maintained by PennDOT. 16. Denied. The allegations contained in paragraph 16 are conclusions of law to which no , rfsponsive pleading is required and are therefore denied. To the extent that a responsive pleading is 4 required, the allegations contained in paragraph 16 reference invoices that were not attached to Plaintiff's Complaint. Without the referenced invoices, Iafrate is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 16. Strict proof thereof is demanded from the Plaintiff. Deuied to the extent that Plaintiffs invoices are contrary to the records maintained by PennDOT. i 17. Denied. To the contrary, certain materials delivered by Plaintiff were not of the quality i ~xpected by PennDOT. PennDOT did not accept certain materials delivered by Plaintiff. , , fennDOT then refused to make payment to Iafrate for the defective materials and services. i flaintiff did invoice Iafrate for the defective materials and services. Iafrate has not received payment from PennDOT for the defective materials and services. In addition, the allegations contained in , *aragraph 17 are conclusions of law to which no responsive pleading is required and are therefore , 1enied. To the extent that a responsive pleading is required, the allegations contained in i ~aragraph 17 reference invoices that were not attached to Plaintiff's Complaint. Without the i ~eferenced invoices, Iafrate is without knowledge or information sufficient to form a belief as to the i rth or accuracy of the allegations in paragraph 17. Strict proof thereof is demanded from the tlaintiff. Denied to the extent that Plaintiff's invoices are contrary to the records maintained by i rennDOT. , i 18. Denied. To the contrary, Plaintiff has averred that it delivered certain materials and ~rovided hauling services pursuant to the terms of Exhibit "A" to Plaintiff's Complaint. By tlaintiffs own admission, it was acting pursuant to the terms of Exhibit "A," not at the insistence or i rquest of Iafrate's employees. i i 19. Denied. The allegations contained in paragraph 19 are conclusions of law to which no r~sponsive pleading is required and are therefore denied. To the extent that a responsive pleading is i rfquired, the allegations contained in paragraph 19 reference invoices that were not attached to i , i 5 Plaintiff's Complaint. Without the referenced invoices, Iafrate is without knowledge or information $ufficient to form a belief as to the truth or accuracy of the allegations in paragraph19. Strict proof thereof is demanded from the Plaintiff. Denied to the extent that Plaintiff's invoices are contrary to i lhe records maintained by PennDOT. , 20. Denied. The allegations contained in paragraph 20 are conclusions of law to which no esponsive pleading is required and are therefore denied. To the extent that a responsive pleading is equired, the allegations contained in paragraph 20 reference invoices that were not attached to laintiff's Complaint. Without the referenced invoices, Iafrate is without knowledge or information ufficient to form a belief as to the truth or accuracy of the allegations in paragraph 20. Strict proof ereof is demanded from the Plaintiff. Denied to the extent that Plaintiff's invoices are contrary to e records maintained by PennDOT. Denied that Iafrate is bound to the interest terms contained n the invoices referenced by Plaintiff. To the contrary, if binding, Exhibit "A" to Plaintiff's omplaint contains no interest penalties. COUNT II HEMPT BROS.. INC.. V. ANGELO IAFRATE CONSTRUCTION COMPANY UNJUST ENRICHMENT 21. Defendants incorporate herein by reference the averments contained in paragraphs one hrough twenty of this Answer, New Matter and Counterclaim as though the same were set forth at ngth. 22. Denied. The allegations contained in paragraph 22 are conclusions of law to which no esponsive pleading is required and are therefore denied. To the extent that a responsive pleading is equired, the allegations contained in paragraph 22 reference prices listed in Plaintiff's invoices that ere not attached to Plaintiff's Complaint. Without the invoices, Iafrate is without knowledge or formation sufficient to form a belief as to the truth or accuracy of the allegations in paragraph 22. 6 Strict proof thereof is demanded from the Plaintiff. Denied to the extent that the prices listed in Plaintiffs invoices are contrary to the records maintained by PennDOT. Furthermore, certain work , fuat was invoiced by Iafrate was completed outside the terms contained in Exhibit "A" to Plaintiffs I I fomplaint. Pursuant to the terms of Exhibit "A" to Plaintiff's Complaint, work completed or ~aterials supplied outside the terms of Exhibit "A" to Plaintiff's Complaint require a written change rder. Certain work and materials invoiced by Plaintiff require a written change order for payment. lain tiff did not obtain written change orders for work or materials supplied outside the terms of xhibit "A" to Plaintiffs Complaint. 23. Denied. To the contrary, Iafrate has paid substantially all of the amounts that have been voiced. Exhibit "B" to Plaintiff's Complaint is evidence of this fact. 24. Denied. The allegations contained in paragraph 24 are conclusions of law to which no esponsive pleading is required and are therefore denied. To the extent that a responsive pleading is equired, the allegations contained in paragraph 24 reference invoices that were not attached to 'laintiff's Complaint. Without the referenced invoices, Iafrate is without knowledge or information ufficient to form a belief as to the truth or accuracy of the allegations in paragraph 24. Strict proof ereof is demanded from the Plaintiff. Denied to the extent that Plaintiff's invoices are contrary to e records maintained by PennDOT. Denied that Iafrate is bound to the interest terms contained the invoices referenced by Plaintiff. To the contrary, if binding, Exhibit "A" to Plaintiff's omplaint contains no interest penalties. COUNT III EMPT BROS. INC. V. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 25. Defendants incorporate herein by reference the averments contained in paragraphs one rough twenty-four of this Answer, New Matter and Counterclaim as though the same were set rth at length. 7 26. Admitted in part, denied in part. Admitted that Exhibit "c" to Plaintiff's Complaint is a copy of the payment bond. Denied that National Fire Insurance Company of Hartford (hereinafter "'Surety") provided the payment bond to secure payment to all entities that provided materials and services used on the Project. To the contrary, Surety provided the payment bond to allow Iafrate to secure a contract with the Commonwealth of Pennsylvania. The terms of the payment bond wrovide that Surety is bound to the Commonwealth of Pennsylvania. Furthermore, the payment tond provides that the remedy for an entity clainting not to have been paid in full was to initiate an , tction pursuant to the terms of the payment bond. No language contained in the payment bond tves an entity the ability to recover simply by forwarding a letter to Surety. I 27. Admitted in part, denied in part. Admitted only that Plaintiff made demand upon the , i furety. Denied that Plaintiff's demand was in accordance with the terms of the payment bond. To ~he contrary, the payment bond provides that recovery by any entity shall be subject to the ! trovisions of the "Public Works Contractors' Bond Law of 1967." Denied that Plaintiff's demand I tas in accordance with the provisions of the "Public Works Contractors' Bond Law of 1967." To , ~e contrary, Plaintiff did not aver in its demand or in its Complaint at Count III against Surety the 1ate Plaintiff's work was complete and did not provide timely notice, which are both required i , ~ursuant to provisions of the "Public Works Contractors' Bond Law of 1967." 28. Denied. To the contrary, Plaintiff never submitted a claim to Surety. Plaintiff only i I ~ubmitted a demand. In its demand, Plaintiff demanded payment in the amount of $80,546.65. ~owever, now, Plaintiff only claims to be owed $34,665.17. Plaintiff never submitted any i ~erification to Surety in the form of a claim that would support either of these amounts. For these , i ~asons, Surety denies that it failed or refused to pay the amounts demanded by Plaintiff. i i 29. Denied. The allegations contained in paragraph 29 are conclusions of law to which no r~sponsive pleading is required and are therefore denied. ! 8 30. Denied. The allegations contained in paragraph 30 are conclusions of law to which no responsive pleading is required and are therefore denied. To the extent an answer is deemed i ~ecessary, the allegations contained in paragraph 30 are denied as the payment bond is a document i I tI'at speaks for itself. 31. Denied. The allegations contained in paragraph 31 are conclusions oflaw to which no esponsive pleading is required and are therefore denied. Denied to the extent that the amount laimed to be owed to Plaintiff is contrary to the records maintained by PennDOT. 32. Denied. The allegations contained in paragraph 32 are conclusions of law to which no esponsive pleading is required and are therefore denied. To the extent that a responsive pleading is equired, Surety denies that it is bound to the interest terms contained in the invoices referenced by laintiff. NEW MATTER 33. Defendants incorporate herein by reference the averments contained in paragraphs one rough thirty-two of this Answer, New Matter and Counterclaim as though the same were set forth t length. 34. Surety's liability, if any, is limited to the penal sum of the payment bond. WHEREFORE, National Fire Insurance Company of Hartford demands that its liability, if ny, be limited to the penal sum of the payment bond. COUNTERCLAIM-BREACH OF CONTRACT 35. Defendants incorporate herein by reference the averments contained in paragraphs one hrough thirty-four of this Answer, New Matter and Counterclaim as though the same were set forth t length. 36. Defendant Iafrate is a Michigan Corporation with its principal place of business at 6400 Sherwood, Warren, Michigan, 48901. 9 37. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 38. Plaintiff submitted a bid to provide materials and to complete certain work associated I tith asphalt paving on a highway project located on State Route 15 in Cumberland County, ~)ennsylvania (referred to as "Project" throughout this pleading). 39. Iafrate accepted Plaintiff's bid. 40. Plaintiff and Iafrate entered into a Subcontract Agreement for Plaintiff to furnish labor, quipment and material necessary to complete asphalt paving on a portion of the project. The fully xecuted copy of the Subcontract Agreement was not available at the time this pleading was fued. afrate maintains offices throughout the United States and the fully executed copy has yet to be ocated. It is believed and averred that the fully executed Subcontract Agreement will be located uring Discovery. 41. The materials supplied and delivered by Plaintiff were subject to the verification and cceptance of Penn DOT. 42. PennDOT detemrined that certain materials and work provided by Plaintiff were efective. 43. PennDOT refused to accept certain materials and work provided by Plaintiff. 44. PennDOT refused to make payment to Iafrate for certain materials and work provided y Plaintiff. 45. Plaintiff is in breach of the Subcontract Agreement for providing defective materials and ork. 46. Plaintiff was damaged by the defective materials and work provided by Plaintiff. 10 WHEREFORE, Iafrate demands judgment be entered in its favor and against Plaintiff on Iafrate's Counterclaim in an amount not in excess of $25,000.00, together with court cost and fees, or that in the event that Plaintiff has judgment against either Defendant, that Plaintiff's judgment be $et off to the extent that Plaintiff's judgment exceeds Iafrate's Counterclaim. Respectfully submitted, ABOM & KUTULAlUS, LLP . --- --- ~~/,!. Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 Supreme Court ID# 90961 11 VERIFICATION MATTHEW MILLIET, being duly sworn according to law, deposes and says that he is an agent of Angelo Iafrate Construction Company, a defendant herein, and that as an agent, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief. ~~ t' ;tfIt/ Matthew Milliet CERTIFICATE OF SERVICE AND NOW, I, Michael T. Traxler, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing pleading by First Class U.S. Mail at the following: Michael L. Bangs, Esquire 429 South 18TH Street Camp Hill, PA 17011 Attomey for Plaintiff ABOM & KUTULAlU5, LLP DATE (3 '7 ~ ,;;2 9 - OS---- /f1'~~r~ Michael T. Traxler, Esquire C) ( ,.." C':::) Cc? Cf1 !:,; :;:0 r,) w o en .-< ~-:!iE ~f~ ~:) -") , '_:.~ () J:."'~ -';:.... {5 -:;1"" --:--1 ~)'J .< w . MICHAEL L. BANGS, ESQUIRE LD. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730~7310 HEMPT BROS., INC., ) Plaintiff ) ) vs. ) ) ANGELO IAFRATE CONSTRUCTION ) COMPANY and NATIONAL FIRE ) INSURANCE COMPANY OF ) HARTFORD. ) Defendants ) ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6496 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM NEW MATTER 33. Denied. This averment requires no answer. To the extent that an answer is required it is denied. 34. Denied. Paragraph 34 is a legal conclusion to which no answer is required. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in its favor and against Defendants. COUNTERCLAIM-BREACH OF CONTRACT 35. Denied. Paragraph 35 does not require an answer. To the extent an answer is required it is denied. 36. Admitted. 37. Admitted. 38. Denied. Plaintiff is without knowledge sufficient to form a belief as to the meaning of this averment. If this averment means that the parties entered into a subcontract agreement I " which was marked as Exhibit A on Plaintiffs Complaint, then it is admitted. Otherwise, this is denied, 39. Denied as stated, Plaintiff is without knowledge sufficient to form a belief as to what Defendant means by this averment. If this averment means that the parties entered into a subcontract agreement, a true and correct copy of which is attached as Exhibit A to Plaintiffs Complaint, then it is admitted. Otherwise, it is specifically denied as stated. 40, Admitted in part and denied in part, It is admitted that Plaintiff and Defendant Iafrate entered into a Unit Price Subcontract Agreement primarily for the completion of asphalt paving and other things specified in the contract. If this averment is meant to suggest anything else, then it is denied, It is averred that Exhibit A which is attached to Plaintifr s Complaint is a true and correct copy of the signed subcontract agreement. 41. Denied as stated. The averment as stated is specifically denied. The terms and conditions of the agreement between Plaintiff and Defendant Iafrate were under the terms stated in the subcontract agreement which is attached to Plaintiffs Complaint and identified as Exhibit A. 42. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 43. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 2 44. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 45. Denied. This averment is a legal conclusion to which no answer is required. To the extent an answer is required it is specifically denied that Plaintiff breached the subcontract agreement between the parties. 46. Denied. It is specifically denied that Plaintiff provided defective materials and work on the project and that Defendant has incurred any damages. WHEREFORE, Plaintiff requests this Honorable Court enter judgment in its favor and against Defendant Iafrate on this counterclaim, together with costs of suit. Respectfully submitted, VI! '/VJ 'I MICH EL L. BANG Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 /'l ~l . /~ / ! ./ {; 3 VERIFICATION GEORGE F. HEMPT, being duly sworn according to law, deposes and says that he is the President of Hempt Bros., Inc., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Answer to New Matter and Counterclaim are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. HEMPT BROS., INC. 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing ANSWER TO NEW MATTER AND COUNTERCLAIM by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Michael T. Traxler, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 DATE: 5/23/05 ! ' 5 ------ .- v. MICHAEL L. BANGS, ESQUIRE J.D. No. 41263 429 South 18th Street CampHill,PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF HEMPT BROS., INC., Plaintiff ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004-6496 CIVIL TERM ANGELO IAFRATE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, CIVIL ACTION JURY TRIAL DEMANDED Defendants RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: MICHAEL L. BANGS, counsel for the Plaintiff in the above action, respectfully represents that: l. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $34,665.71, plus interest plus costs of suit. The counterclaim of the Defendant in the action is $25,000.00, plus costs of suit. The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Michael L. Bangs, Esquire, and Michael T. Traxler, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ~,"",,<fu'" '"bm,"~. ~~ MI AEL L. B GS ORDER OF COURT AND NOW, petition, ,2005, in consideration of the foregoing , Esquire, , Esquire, and , Esquire, are appointed arbitrators in the above-captioned action (or actions) as prayed for. BY THE COURT, P.J. 0 ....., 0 = c = -n :::::~.. "-" (/) -' ~ " :J::..." ,1 .,1 {11.F' ~ -V ~ V~ N -orn -~1G -J OS!.. __-Ie) " ?\5:H '" ="" - ;h<--) --- -0 (srn " ?l- -I ("' >> ....s::. r- :0 - ~ ~ N -< - ~ 0\ ~ MICHAEL L. BANGS, ESQUIRE J.D. No. 41263 429 South ISth Street Camp Hill, PA 17011 (717)730-7310 ATTORNEY FOR PLAINTIFF Defendants ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA HEMPT BROS., INC., Plaintiff vs. NO. 2004-6496 CIVIL TERM ANGELO IAFRATE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, CIVIL ACTION JURY TRIAL DEMANDED RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: MICHAEL L. BANGS, counsel for the Plaintitf in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $34,665.71, plus interest plus costs of suit. The counterclaim of the Defendant in the action is $25,000.00, plus costs of suit. The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Michael L. Bangs, Esquire, and Michael T. Traxler, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ",,"'''f'''Iy'''b,";~~ ~J~ ~ /) MI HAEL L. B GS J ORDER OF COURT , 2~5, in consideration of the foregoing squire, /, Esquire, and , Esquire, are appointed arbitrators i he above-captioned action (or 1 ~~""'. BY TH QURT, '---;;y--) C'rcL ,,~ '--L.t.'!,'" 'J I<;' (A . -\ PJ. L ~ _ . f".' , -~ r, c;:-., '-_.~ .~ ~ ,,;;.,;, -'q \:) c/) ::;:-1 C,'j ~ V( \.-: G1 r',,) ~ n -.J --- t) ,-','" n '" -., ,. , < -'> " )).... - . - - i-\ ~ ~ ,., U\ """ ) ""-(: / I'jf( ") ':') " ~) :f1 ( - '__I HEMPT BROS., INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELO IAFRATE CONSTRUCTION COMPANY AND NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, DEFENDANT 04-6496 CIVIL TERM ORDER OF COURT AND NOW, this ZV1 , day of January, 2006, the appointment of Mark C. Duffie, Esquire, as chairman of the Arbitration Panel in the above matter is vacated, and Gregory B. Abeln, Esquire, is appointed in his stead. By th~e6urt, --~ /'/ / ' ~gory B. Abeln, Esquire ~k C. Duffie, Esquire ~ Court Administrator :sal " , c. :!" ;, - ~ HEMPT BROS., INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELO IAFRATE CONSTRUCTION COMPANY AND NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, DEFENDANT 04-6496 CIVIL TERM ORDER OF COURT AND NOW, this -;J() day of March, 2006, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Gregory B. Abeln, Esquire, Chairman, shall be paid the sum of $50.00. -/// By the'Court,//,' . ';" / Gregory B. Abeln, Esquire .~ ~LU Court Administrator . r ......:. ~ . :sal C) ~Tl :.:-.J i"ll C.',) c.~' .) ,. , HEMPT BROS., INC., Plaintiff v. ANGELO IAFRAlE CONSTRUCTION COMPANY and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y, PENNSYLVANIA : NO.: 2004-6496 CIVIL lERM : CIVIL ACTION -LAW TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Defendant, Angelo Iafrate Construction Company, in the above-captioned matter. DAlE S- /:3 / ;2.00~ I Respectfully submitted, ~J?~ k--,~ Michael T. Tmx1er, Esquire ID No. 90961 36 South Hanover Street Carlisle, PA 17013 PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Angelo Iafrate Construction Company, in the above-captioned matter. DAlE 5)~)OL I , Respectfully submitted, MOM & KUTULMUS, UP Jaso P. Kutulakis, Esquire 36 . Hanover Street Carlisle, P A 17013 ID No. 80411 CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2006, I, Emily J. Filibert, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdtaw Appearance and Praecipe of Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Michael L. B~, Esquire 429 South 18 Street Camp Hill, PA 17011 Attomey for Plaintiff DArn 5/9/0 I.p I ~ ~ ' Emily J. F" . . 2 s: ""O\::r) CPq,l, z~,~ U1"""~ -<~ "'._~ C:;C '<: 'J"'",r '.?'ci )o;'c z =< :;;g <=> <:r' ::n:; :>>" -< I u:> ~ ~:IJ ~~ ~-ri -J~ t5.ffi ~ '< ". :::c CD .. (11 o MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 HEMPT BROS., INC., ) Plaintiff ) ) vs. ) ) ANGELO IAFRATE CONSTRUCTION ) COMPANY and NATIONAL FIRE ) INSURANCE COMPANY OF ) HARTFORD, ) Defendants ) ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6496 CIVIL TERM CIVIL ACTION JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-referenced matter settled and discontinued. Respectfully submitted, Date: May 31, 2006 ICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 (') ,...,., 0 = ~ = ." (~""" r1 C_ :i! c: ." rll F I -Qili 01 :-'~6 ::t,-,. "", -,' ~ C) C) 01"71 ::j~;1 a ~.o co -<