Docket Number: 4176 THE HARTFORD SURETY AND FIDELITY INSURANCE COMPANY. Timothy J. Woolford, Esquire Joseph M. Kanfer, Esquire VS.

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1 THE HARTFORD SURETY AND FIDELITY INSURANCE COMPANY Timothy J. Woolford, Esquire Joseph M. Kanfer, Esquire VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES Charles Anderson, Chief Counsel Harry R. Walter, III, Assistant Counsel VS. *E.R STUEBNER, INC. Timothy J. Woolford, Esquire

2 October 27, 2017 Plaintiff filed Statement of Claim, proof of mailing and filing fee. Amount of Claim: UNSPECIFIED. October 30, 2017 Board issued Acknowledgment letter and forwarded a copy of the Claim to Attorney General. October 31, 2017 Defendant transmitted via facsimile a letter requesting a status conference to discuss consolidation of Docket Numbers 4137 and November 1, 2017 Board forwarded letter via Facsimile and U.S. Mail to parties requesting date for conference. November 2, 2017 Defendant transmitted via facsimile a letter advising that both parties are available for a teleconference on November 6, 2017 at 1:00 p.m. November 2, 2017 Board forwarded letter, via facsimile and U.S. Mail scheduling teleconference for November 6, 2017 at 1:00 p.m. November 2, 2017 Defendant filed via U.S. Mail a letter requesting a status conference to discuss consolidation of Docket Numbers 4137 and November 3, 2017 Defendant filed via U.S. Mail a letter advising that both parties are available for a teleconference on November 6, 2017 at 1:00 p.m. 2

3 November 3, 2017 Plaintiff transmitted via facsimile a letter advising that Timothy Woolford, Esquire will be representing E.R. Stuebner, Inc. and The Hartford Surety and Fidelity Insurance Company in the teleconference. November 6, 2017 Board held teleconference on November 6, 2017 at 1:00 p.m. November 7, 2017 Attorney General filed acknowledgment of claim form. Receipt of same acknowledged November 2, November 8, 2017 Defendant filed Petition for Rule to Show Cause and Brief in Support. November 9, 2017 Board transmitted via facsimile & U.S. Mail letter to Plaintiff, with copy to Defendant, requesting response. November 20, 2017 Plaintiff filed Answer to Petition for Rule to Show Cause and Brief in Opposition to Petition Seeking Consolidation. November 21, 2017 Defendant transmitted via facsimile a letter advising that both parties are available for a teleconference on November 29, 2017 at 1:00 p.m. November 21, 2017 Board forwarded letter, via facsimile and U.S. Mail scheduling teleconference for November 29, 2017 at 10:00 a.m. 3

4 November 22, 2017 Defendant filed via U.S. mail a letter advising that both parties are available for a teleconference on November 29, 2017 at 1:00 p.m. November 27, 2017 Defendant filed Answer and New Matter and Counterclaim. *November 27, 2017 Defendant filed Complaint to Join Additional Defendant. November 29, 2017 Board issued acknowledgment letter and forwarded Complaint to Join Additional Defendant to Attorney General. November 29, 2017 Board issued acknowledgment letter and forwarded Answer and New Matter and Counterclaim to Attorney General. December 1, 2017 Board rendered Opinion and Order sent via Facsimile & U.S. Mail. Order as follows: AND NOW, this 1 st day of December, 2017, upon consideration of DGS s Petition for Rule to Show Cause and Brief seeking the consolidation of the above-captioned cases for discovery and trial, Plaintiffs Stuebner and Hartford s Answer and Brief in Opposition, and the status conferences held on November 6 and 29, 2017, it is ORDERED that the Petition is DENIED. Copy forwarded to Plaintiff and Defendant. December 4, 2017 Attorney General filed Acknowledgment of Answer and New Matter and Counterclaim. Receipt of same acknowledged December 1,

5 December 4, 2017 Attorney General filed Acknowledgment of Compliant to Join Additional Defendant. Receipt of same acknowledged December 1, December 4, 2017 Plaintiff filed acceptance of service of Opinion and Order dated December 1, Receipt of same acknowledged December 1, December 6, 2017 Plaintiff filed acceptance of service of Opinion and Order dated December 1, Receipt of same acknowledged December 5, December 18, 2017 Plaintiff filed Reply to New Matter and Answer and New Matter to Counterclaim. December 19, 2017 Board forwarded letter to Defendant, with copy to all parties, requesting response to new matter to counterclaim. Additional Defendant filed preliminary objections to complaint to join additional defendant, brief in support and proposed order. Board forwarded letter to Defendant requesting response to preliminary objections. Defendant filed Answer to New Matter to Counterclaim. Defendant filed Praecipe to Amend Paragraph 15 of the Answer and New Matter and Counterclaim filed November 27,

6 December 28, 2017 Board rendered an Order. Order as follows: AND NOW, this 28 th day of December, 2017, Respondent s Praecipe to Amend Paragraph 15 of its Answer filed with this Board on is hereby GRANTED. Copy forwarded to all parties of record. January 3, 2018 Defendant filed Acceptance of Service of Order dated December 28, Receipt of same acknowledged January 2, January 10, 2018 Plaintiff filed Acceptance of Service of Order dated December 28, Receipt of same acknowledged January 8, January 12, 2018 Defendant filed answer to preliminary objections to complaint to join additional defendant and brief in support. January 29, 2018 Board rendered Opinion and Order. Order as follows: AND NOW, this 29 th day of January, 2018, upon consideration of the preliminary objections filed by Stuebner to the Complaint to Join Additional Respondent and the Answer to Preliminary Objections to Complaint to Join Additional Respondent filed by DGS, it is hereby ORDERED and DECREED that the preliminary objection based on lack of specificity is SUSTAINED and Stuebner s preliminary objection in the nature of demurrer is DISMISSED as moot. It is further ORDERED and DECREED that the Complaint to Join Additional Respondent is DISMISSED and DGS is GRANTED 20 days to file an amended pleading. Copy forwarded to all parties of record. January 31, 2018 Defendant filed Acceptance of Service of Opinion and Order dated January 29, Receipt of same acknowledged January 30,

7 February 5, 2018 Plaintiff and Additional Defendant filed Acceptance of Service of Opinion and Order dated January 29, Receipt of same acknowledged February 1, February 15, 2018 Defendant transmitted via facsimile a letter requesting an extension of time until February 23, 2018 in which to file its Amended Joinder Complaint. *February 23, 2018 Defendant filed Amended Complaint to Join Additional Defendant. February 26, 2018 Board issued acknowledgment letter and forwarded Amended Complaint to Join Additional Defendant to Attorney General. March 2, 2018 Attorney General filed Acknowledgment of Amended Compliant to Join Additional Defendant. Receipt of same acknowledged February 28, March 26, 2018 Additional Defendant filed preliminary objections to amended complaint to join additional defendant, brief in support and proposed order. March 26, 2018 Board forwarded letter to Defendant requesting response to preliminary objections. April 23, 2018 Defendant filed answer to preliminary objections and brief in support. 7