HomeMy WebLinkAbout96-05726
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LAW OJII'ICIIS
HJ.U>>fORO, SWAA'llA !fOROAN
III NORm JlR~<-,81'lIlBT
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IfAJUUSIIUIlO, I'lINNSVLVANIA 17108.,
'I'lIUII'IfONB 7I12U.t111
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DAVID AIELLO,
Plaintiff
IN THE COURT OF COMMON PLBAS
CUMBERLAND COUNTY, PENNSYLVANIA
-
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1
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vs.
DIAL COMPANIES, a/k/a DIAL
PROPERTIES, co., DIAL DBVELOPMENT I
PARTNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P"
Defendants CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SSI
COUNTY OF DAUPHIN )
NO. 9C - 5726
Before me, the undersigned notary public, this day,
personally appeared CATHLEEN A, KOHR of the law firm of Hepford,
Swartz & Morgan, 111 North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
1998, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No, Z 424 288 868 addressed to Lake Manawa-carlisle, Inc.,
received on May 19, 1998, as indicated by the return receipt card
(:WJ!u-tl
Cat
11506 Nicholas Street, Omaha, Nebraska 68154, and the same was
attached hereto,
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Receipt for Certified Mall
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1, TOTAL Poslllld roe. $
OItmI Of D.tl
MAY 15, 1998
POSIllQl
Cll1ffiod r Of
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/ LAKE MANAliA-CARI.ISLE, INC,
11506 NICHOLAS STREET
OMAHA. NE b8154
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11110 WIlli 10 rlCllvelht
following nl1llcla (10/11I
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1. lJ Add,.....'. Addreu
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DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PATNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Defendants
CIVIL ACTION - LAW
PPtlldvlcomp.dlll/~ctob'r'16, 1986
DAVID AIELLO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBBRLAND COUNTY, PBNNSYLVANIA
VS.
NO. (d, I, 'I .;) I, f'i < ,( l.t. ,
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Court Administrator
cumberland County Courthouse
Carlisle, PA l7013
(717) 240-6200
NO'fICI1\
Le han demandado a usted en la corte. s1 UBted quierB
defenderse de est as demandas expuestas en las paquinas aiguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion, usted de be presentar una apariencia
eacrita 0 en persona 0 por abogado y IIrchivllr en la corte enforma
eacrita sua defensas 0 sUS objecionea a laB demandas en contra de
au peraona, Sea avisado que ui ueted no se defiende, la COl-te
tomara medidas Y puede entrar una orden contra usted sin previo
aviso 0 notificacion Y por cualquier queja 0 alivio que es pedido
en 1 a peticion de demanda. Uated puede perder dinel'o 0 sua
propiedadsa 0 otros derechoa importantea para uated.
.
ppt/ldv/comp,dlel/&tober'U, In6
LLEVE ESTA DEMANDA A UN ABODAGO INMBDIATAMENTB. SI NO TIBNE
ABOGADO 0 SI NO TIENE BL DINBRO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA BN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUBNTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LBGAL.
CUMBERLAND COUNTY LAWYER RBFERRAL SERVICE
Court Adminietator
cumberland County courthouse
Carlisle, PA 17013
(717) 240-6200
ppt/ldv/cDmp,dlll/~Db.r'I'. I'"
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DAVID AIBLLO,
vs.
NO. ,1,-. I,"'..J(. C,-,-,J U__
DIAL COMPANIES, a/k/a DIAL
PROPERTIBS, CO., DIAL DEVELOPMENT
PATNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Defendants CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff DAVID AIELLO is an adult individual doing
business at 1104 Fernwood Avenue, Camp Hill, CUmberland County,
Pennsylvania.
2. Defendant DIAL COMPANIES, a/k/a DIAL PROPERTIES, CO., is
a Nebraska corporation with a principal place of business at 11506
Nicholas street, Omaha, Nebraska.
3. Defendant LAKE MANAWA-CARLISLE, L.P., purports to be a
business entity located at 11506 Nicholas Street, Omaha, Nebraska.
4. Defendant DIAL DEVELOPMENT PARTNERS, L.L.C., purports to
be a Nebraska limited liability company located at 11506 Nicholas
Street, omaha, Nebraska,
5. On January 18, 1996, Defendant, Dial Companies, a/k/a
Dial Properties, Co. executed a Purchase Agreement with Plaintiff
David Aiello for certain real estate in Carlisle and South
.
ppt/ld~/comp,dhl/dctoblt 16, I'"
Middleton Township, Cumberland County, pennsylvania, a true and
correct copy of which is attached hereto and incorporated herein
as Exhibit "A", and delivered said acceptance to Plaintiff at that
time, a true and correct copy of which is attached hereto and
incorporated hereIn as Exhibit "B".
6, Shortly thereafter on that same day, Defendant Dial
Companies a/k/a Dial Properties, Co., again delivered said
acceptance, but included an "attest" signature thereon, a true and
correct copy of which is attached hereto and incorporated herein
as Exhibit "C".
7. Sometime thereafter, said Defendant then provided
Plaintiff with a copy of the Purchase Agreement but now signed by
Defendant Lake Manawa-Carlisle, L.P., a true and correct copy of
which is attached hereto and incorporated herein as Exhibit "D".
8. On January 18, 1996, Defendant Lake Manawa-Carlisle, L.P.
also issued a Promissory Note in the amount of $100,000 payable to
plaintiff by February 17, 1996, a true and correct copy of which
is attached hereto and incorporated herein as Exhibit "E".
9. On or about February 16, 1996, Defendant Dial Companies
a/k/a Dial propet"ties, Co., eltecuted an "Assignment and Assumption
of Purchase Contract" with Defendant Dial Development Partners,
L.L,C., a copy of which is attached hereto as Exhibit "F".
- 2 -
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10. On March 20, 1996, Defendant Dial Companies, a/k/a Dial
Properties, Co. discontinued work on plans, reports, studies, etc.,
for land development plan reviews by South Middleton Township and
the Borough of Carlisle concerning the land subject to the Purchase
Agreement,
11. Defendants' discontinuance of its engineering work was
contrary to its obligations under the Purchase Agreement and its
duty to perform same in good faith.
12. Defendants thereupon refused to remit any payment to
Plaintiff pursuant to the aforesaid Purchase Agreement or the
Promissory Note, notwithstanding Plaintiff's demands therefor.
13. At all times material hereto, Plaintiff stood ready and
willing to perform under the Purchase Agreement.
14. Accordingly, Defendants' continuing failure and refusal
to remit payment to Plaintiff under the Purchase Agreement and the
Promissory Note is unjustified and contl-ary to the terms thereof,
15. The aforesaid Purchase Agreement also permits Plaintiff
to be awarded attorney fees under the circumstances.
16. In addition, Plaintiff believes and therefore avers that
Defendants l,ake Manllwa-Carlisle, L,P, and Dial Development
Partners, L. L. C., Were created and operated by Defendant Dilll
Companies a/k/a Dial Properties, Co. as a mere shell with
insuff icient capita I halion and substantial intermingling of
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ppt/ldv/comp,dlll/agtober 1. 19P6
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VERIFICATION
~, DAVID AIELLO, do hereby certify that I am authorized
to execute documents in the foregoing action and that the
statements made in the foregoing document are true and correct to
the best of my knowledge, information and belief. I understand
that any false statements made to this verification are subject to
the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn
falsification to authorities.
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Dav"ICIAIiiITo
Datedl
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pURCHASE AGREEMIlliI
Thl. Agreement I. dated as of the 17th day of January, 1996, between David Aiello
("Seller"), and Dial CompanleJ, R Nebraska Corporation, or asslgnl, ("Purchaser");
WITNESSETH:
I. ~Qle And PurchAse. Seller shall sell and Purchaser shall purchase, subject to the
temlS and conditions herein, Lot number 14 and Lot number I 5 of the final subdivision piAn
known as Eden Business Park as recorded or to be recorded in the Recorder's office of
Cumberland County Pennsylvania. said Eden Business I'ark Is located in the Borough of Carlisle
And Sonlh Mlddlelon Township, CumberlAnd County, PennsylVAniA.
2. PnrchAse Prln. The purchase price for the Land shall be Nine Million Fonr
Hundred Twenly Thouland Dollars (59,420,000.00) (the "11urchase Price") payable as follows:
(a) One Hundred Thouland Dollars (5100,000.00) paid contemporaneously with Ihe
execution by Purchaser of this Agreement 10 a mUlually acceptable title company
(the "Bscrow") to be held In an Interest bearing escrow account, (the "Deposit")
with Interest accruing to Purchaser. It being understood that Dial Companies shall
place a demand nole for One Hundred Thousand Dollars (5100,000,00) with
, Chicago Title Omaha during Ihe 30 day Inspection period, On or before February
17, 1996, the note will be replaced with One Hundred Thousand Dollars
($100,000,00) cash; and
(b) At Ihe end ofthe Inspection period, Dial Companies will escrow Ihe One Hundred
Thousand Dollars ($100,000,00) cash and a note In Ihe amount of Four Million
Nine Hundred Thousand Dollars (54,900,000.00). The note will be subject to the
neceslary governmental approvals being obtained by Purchaser according to
paragraph 23 ofthls agreement,
(c) The balance of Nine Million Three Hundred Twenty Thousand Dollars
(59.320,000.00) paid 011 the date ofthe closing ot'thl~ sale (the "Closing") by
certified check or Federal wire trallsfer; provided. however, that If the survey to be
prepared pursuant to Section 4 herein reveals that the Lalld conlalns more or less
thall Forly-Seveu and eight one-hundredths (47.08) acres, then Ihe Purchase
Price showlI above shall be increased or decreased as applicable so that It shall be
an amount equal 10 the product obtained by multiplying Two Hnndred Thonsand
\)ollan (5100,000.00) by the actual number of Acres, as defined III Section 4
herein, shown by the surveyor's certification.
3. EscrolV. Purchaser alld Seller shall deliver signed Instl'\lctlons to Chicago Title
Insurance Company, (the "Escrow") as escrow holder, within thirty (30) calendar days of both
psrtles execution of this Agreement which shall provide for closing as provided herein, Escrow
fees shall be the sole responsibility of Purchaser. The "Close of Escrow" or the "Closing" shall he
I'u/chase ACleclllcUI . Ca/llsle, I'A
the date Seller's special warranty deed Is recorded. Concurrently with Seller's execution of the
escrow Instructions, Seller shall execute a special warranty deed to convey title of the Property to
Purchaser, and Escrow Agent 5hall hold said deed until the Close orEscrow. For all purposes, the
date of the "opening of escrow" shall be the date of this Agreement. In the event of any
inconsistency between the escrow instructions and this Agreement, this Agreement shall control,
notwithstanding the fact that either party may have intentionally or inadvertently executed such
inconsistent instructions,
4. ~11I"Vev, Seller, at its expense, shall deliver to Purchaser a current survey of the
Land prepared by a Registered SUlveyor (the "SUlvey"), The SUlvey, In form suitable to
Purchaser and "Title Company", as defined in Section 4 herein, shall (a) locate all present and
future easements, rights-of-way, 100-year flood plain, building lines, utility lines, roadways and
encroachmenlB on or abutting the Land, (b) contain an accurate metes and bounds description of
the Land and (c) contain the certification of the surveyor as to the number of Acres (accurate to
two (2) decimal places) contained In the Land, l'urchaser shall have seven (7) days from the date
of receipt of the Survey to approve same or to notlty Seller oflts objectIons thereto, If Purchaser
notifies Seller of objections to the Survey, Seller shall have the Survey corrected as expeditiously
as reasonably possible. This shall be an ALTA Survey.
5. ~ Purchaser, at Purchaser's expense and within seven (7) days of
the date on which Is receives a satisfactory Survey as provided In Section 4 hereof, shall order a
standard fonn ALTA Owner's Title Commitment Policy (the "Commitment") covering the Land
and issued by a title insurance company of Purchaser's choice ("Title Company"), togethcr with
copies of all instruments, if any, referred to in the Commitment as exceptions to title. Purchaser
shall have twenty (20) days after receipt of the Commitment, together with coplcs of all
documents constituting exceptions to title and survey, to review and approve the Commitment. If
any cxceptions appear In the Commitment, other than the standard pre-printed exceptions (which
shall be totally deleted In the Policy except that the survey exception may cxcept shortagOl In
area), which are objectionable to Purchaser, Purchaser shall, within such twenty (20) day period,
notifY Seller in writing of such fact. Upon the expiration of said twenty (20) day period, Purchaser
shall be deemed to have accepted all exceptlons of title as shown on the Commitment, except for
matters to which notice under the preceding sentence has been given by Purchaser, and such
exceptions shall be Included In the teon "Pennltted Exceptions" as used herein, Seller shall, within
ten (10) days of receipt of said notice, clear the title of tho defects and objections so specified,
The parties agree to close within seven (7) days following the date upon which all conditions and
contingencies, includlnll wlthoutlhnltatlon defects In and objections to title, are satisfied,
6. ~ At the Closing, Seller shall convey to Purchaser, by Special
Warranty Deed in a form acceptable to Purchaser, marketable fee simple title to the Land, free
and clear of any and all encumbrances, subject only to the Pemlitted Exceptions as provided In
Section 5 herein, At the Closing, Purchaser shall also be ablo to obtain, at Purchaser's eXllense, a
standard form AL TA Owner's Title Insurance I'ollcy (the "Policy") Issued by the Title Company,
insuring marketable fee shnple title to I'urchaser In the full amount of the Purchase Price and
containing no exceptions or conditions other than the Permitted Exceptions as provided In Section
5 hereof.
Page 2
PurchAse AllrCCllleut - ('nrllslc, I'A
7. Taxes and A5Sessnu~nl.. Real property laKes, water rales and sewer charges and
renls. If any, shall be prorated and adjusled as of the dale of seulement on either a llscal or a
calendar year basis as may be applicable to Ihe particular laK or charge involved,
8. TrRnsfer Rlld SRle. TRieS. The eKpense and cost of all Federal, stale and local
documentary or revenue slamps, Iransfer, sales and olher laxr-s, If any, relating to Ihe sale of the
Land shall be split equally between the Purchaser and Seller on the dale of Closing. DOlh parties
agree 10 execule any tax relums required 10 be llIed in connection wilh any such laxes,
9. UefR1l1t Ilv 1'lIl'chRser. If Purchaser shall default in the performance of Rny of the
tenns and conditions of Ihis Agreemenl, or if the Closing shall not occur through Ihe fault of
Purchaser, Seller shall, at i1s sole discretion elect to,
(a) receive from the escrow agentlhe full purchase price and relaln all deposit
monies held by Ihe escrow agent and olher sums paid by Ihe Purchaser on accounl
I oflhe purchase price, whelher required by this agreemenl or not, or
(b) apply all deposit monies held by thll escrow agent and other sums paid by the
Purchaser on account oflhe purchase price to Ihe Seller's damages, or
(0) apply all deposit monies held by the escrow agent and olher sums paid by the
Purchaser on account of the purchase price as liquidated damage. for such default,
In the event Ihallhe Seller elecls 10 relaln Ihe monies as Iiquldaled damages In accordance wilh
Ihl. paragraph, Ihe Seller shall be released from all liability or obligation as Ihls agreemenl shall be
NUlL AND VOID. In any event Ihe Seller and Purchaser shall also be entllled to specific
perfonnance and all other remedies available at law or In equity.
In Ihe event either party brings an action to enforce II. rights hereunder, Ihe costs of such
action, Including reasonable allomeys fees of the prevailing party, shall be bome by Ihe
non-prevailing party.
10. ~ Except for R willful defaull hereunder on Ihe part of the Seller,
In which case Purchaser shall have all remedies available to them at law, If Seller falls or refuses 10
comply fully with Ihe lenns of this Agreement Ihrough no fault oflhe Purchaser,lhen Ihe escrow
amount shall be delivered by the escrow agent 10 Purchaser and such amount sl.all con.tltute
Iiquldsted damages, and no other righlS or remedies shall be enforcesble or available to Purchaser
against Seller, Purchaser shall also be enlltled to speclllc perfomlance against Seller.
II. ~ AI any time prior to the Closing, and at Purchaser's sole eKpense,
Purchaser or lis authorized agents shall have the right to enter upon the Land, at reasonable times
and upon at least seven (7) days prior nOllce, to Inspect the same and make such surveys and site
analyses, test borings and englnceling studies as Purchaser may deem necessary. Purchaser hereby
agrees to IndemnitY and hold Seller hannless In connecllon with any said enlry and to restore the
Land to lis previous slate In the event of any borings or other alteration of the Land,
12, jlrokerRl!e I'ees. Upon the closing of this Iransactlon, Selier shall pay from Ihe
proceeds 8S referred 10 In paragraph two above 10 Gary Green Ileal Estale, 250 Easl Markel
Streel. Harrisonburg, Virginia 2280 I, a real estate selling fcc, which fee has been agreed to by
separale agreemenl between SelicI' Dnd Gary Oreen Ilenl !lslate, Hach Party represents and
Page 3
I'utchnsc ^/lrCCmclIl . Carlisle, I'A
walTanls to Ihe other that neither has taken any acllon which would give rise to a selling fee or
brokerage fee being due to any olher party as a resuh of the transfer of the herein described real
property and each party agrees 10 IndemnifY and hold Ihe 01 her party harnlless trom and agalnsl
claims made for a selling fee or brokerage fee due arising from such party's actions,
13. 11111I11", Seller, allhe lime of Closing, walTantslhal all utility services including
water, gas, electrical and sanitary sewer 10 the Land will be available,
14. Zl!ll1!tL This Agreement is e"pressly conditioned on zoning of the Land for
business relail usage, The land is currently zoned Rnd approved as follows:
(a) In Soulh Mlddlelon1'ownship- C.I Comrnerciullnduslrial
(b) In Carlisle Dorough. 12 Llghllnduslrial and Conditional use approval as a
Mi"ed Use Duslness Park.
IS. ~ All notices and olher communlcalions required or pennllted to be given
hereunder shall be In writing and shall be mailed by certified or reglslered mall, postage prepaid,
or by Federal E"preas, Airborne E"press, or similar overnight delivery service, addressed as
follows:
If to SellQ[;
David AIello
DIDIA Rockwood Development Company
1104 Femwood Avenue
P.O. DOl 382
Camp lilli, PA 17011
mt./I CQIlY 10;
DrouJo., Gilroy & Houston, P.C.
Hubert X. Gilroy
4 North Hanover Streel
Carll.le. Pa 17013
Iflo Purcllaser:
nlal Companies
11506 Nicholas St., 11200
Omaha, Nebraska 681S4
mt./I CQIlY 10:
or such olher addreas as shall be fumlshed In wlitlng by any party 10 Ihe olher party.
NOllce shall be deemed 10 have been Biven upon deposit In the US Mall In Ihe case of
mailing or delivery to the delivery service In the case Ihereof,
16, Closln" The Closing shall lake place on or before April 12, 1996 In Carllale, PA
al a place and lime mutually agreed upon by Ihe parties,
17. QWIIII CIIII., Notwlthstandinll anYlhlnlllo the conlrary conlalned herein, the
Closing cosls shall be paid as follows:
UyJi~G
(a) l1"penlel of placlnlllhle in proper condition;
Page'l
I'lIIchA$C ^grcemcnl . Carllslc, ,,^
I
(b) Preparallon of Special Warranty Deed.;
(e) Ono-half(1I2) Revenue stamps or transfer tax;
(d) Brokerage fee.
Oy Purchaser:
(a) Title insurance examinallon and premium;
(a),'))reparation of Mongage, Deed of Trust or other applicable Ilnanclnglnatrument.;
(b) Recording fees;
(e) One-half( 1/2) Revenue slamps or transfer taxi
(d) Escrow fees, Ifany.
18, IJme ofESlencel Accentance. Time Is expressly declared to be of the e.sence of
this Agreement. Seller shall have Two (2) days from Ihe date of receipt of thl. Agreement to
accept and agree to the tenns and conditions herein,
19.
(a) J!;ntlre Aereement, This Agreement contain. the entire agreement between
Sellor and Purchaser, and there are no other tenns, conditions, promises, undertakings, statements
or representations, express or Implied, concerning the sale contemplated by this Agreement.
(b) JIadin&L The headinIP to the Sections hereof have been InsC/1ed for
convenience of reference only and shall In no way modifY or restrict any provisions hereof or be
used to construe any such provisions. ,
(c) ~ The terms of this Agreement may not be amended, waived or
tennlnated orally, but only by an Instrument In writing .Igned by both Seller and Purchaser.
(d) SUCctIlOI'l, This Agreement shall Insure to the benefll of and bind the panles
hereto and their respective luccessors and alllgns,
(d) ~ This Agreement Is being delivered and Is Intended to be
perfumled in the Commonwealth of Pennsylvania, and shall be construed and enforced In
accordance with Ihe laws of such Commonwealth.
(e).IW!1II.llL The exhibits auached to this Agreement are incorporated herein and
made a part hereof as though fillly le( out herein,
(1).GmlIu. Wherever the context so requires, all words herein In the neuter
gender shall be deemed to include the malroline or feminine genders, all singular words shall
Include the plural, and all plural words shall Include Ihe singular,
20, Seller hereby represents and warrants to Ihe
hest of hl~ knOWledGe 10 Purchaser Ihatlhe Land Is not contaminated with, nor Ihreatened with
Palle 5
1'lIrclinlC Agrccment - Carllslo, I'A
conlamination from outside sources by, any chemical, material or substance 10 which exposure Is
prohibited, limited or regulated by any federal, slate, county, local or regional aUlhorily or which
Is known to pose a hazard to health and safely and that the Land has never been used for a
landfill, dump site, storage of hazardous substances, or by a manufacturer of any product or for
any other individual use, This representation and warronty shall survive the Closing, In the event
that Purchaser notifies Seller (either before or aner the Closing) that the representation set forth
in )'aragraph 20 is untme and such notice is accompanied by a report from an engineering
company wilh experience in evaluating such matlers, then Seller agrees, at its sole cost and
expense, to perfonl1 such aclS os may be necessary to cause the Land to be in comllllance with all
federal, state and local environmentollaws, lules allll regulations, In the event Ihal Seller falls so
to perfonll such aclS prior to Ihe Closing. then Purchaser may postpone the Closing for such
period of lime os may be necessary for Seller to do so. This Paragraph 20 shall survive the
Closing,
21. Condition of )'roncrly. It Is underslood and agreed that Ihe Purchaser, or Its
representative, has made an inspection of the property prior to the execulion of this Agreement,
lIIId billed on the inspection and informallon which may have been provided by the Seller as to the
condition of the property, has enlered Into this Agreement. Seller hereby warranls and guarantees
that the property will remain In Its present condition, as of the execullon of this Agreement to and
Including the day that title to said property Is transferred to Purchaser, subjecl to the remaining
tenns lIIId conditions of this Agreement.
22. ~onltrllctlIDulf Jmnrovementl, Within fifteen (I S) calendar days of both parties
execution orlhis Agreement, Seller shall provide Purchaser with complete plans and specifications
In accordance with the sitelgradinglullllty plans for the Eden Business Park which shall be
allached hereto and marked &hlhILA (collectively referred to herein as the "Conslmctlon Plans
lIIId Specifications").
No Improvements or alterations which substantially vary fromlhe approved plans may be
madc without the prior consent of J1urchaser, Seller warrants and guarantees lhat all work shall
be perfornted in a good and workmanlike manner and In confonnance with the above- lIlentioned
Constmclion Plans and Specifications and all applicable governmental regulations,
23, COlltllll!cnclm
(a) This contracl Is conlingentupon Final land development plan approval for
Lot number t4 and Lot number 15 of the final subdivision plan known as Eden Business Park as
recorded or to be recorded In the Recordel's office of Cumberland County Pennsylvania. Said
IlIIId development plans shall generally follow Ihe Eden Park Cenler development concept plan
allached hereto and marked Ihhlblt n, prepared by Advantage Engineering Services, Inc. File
1/208 dated August 10, 1995 as revised December 28, 1995 showing a Lowes 1I0me
Improvement Store on lot 14 and a Wal.Mart Super Center on 101 15, Seller 10 cooperate with
and IIIslst J1urchoser with Ihe land development plan municipal apllroval process, All land
de~elopmenl plan approval cosls shall be the responsibility oflhe Purchaser,
(b) Seller at or prior 10 closing, shall deliver this site pod ready to within six (6)
inches of finish grade and compacled 10 local specifications for buildable property lInd providing
all public streels, ulilities, bul1'm 10 within five feel ur pad as le1lucstcd by Plllchllser, Seller may
Pnge (,
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Omaha, Neblolko 68164
~'HONE (402) 493,2600
fAX (402) 493-8069
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I'LEASfi CONPIRM_
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CONflIDUN'flALlTY NO'I'ICIlS: '/1111 rU<4lmU. (1111, P'CO IlId ,IIY '..nmplnylllll"I"ll) II Inlonded ~nll' rur
Ihu UI~ or d,O Individual ~r elllhylu whloh II II Iddr'&lcd 'lid moy .olllaln IlIr~lIIl'llon Ihll II prlvllr,rd, oonnd'rlll.1 .nd
..elllpl Irvm dl,.lolllr. utIll_r ol'l'lIcable J.w, If II.. ,ud.r .r tit I. 11I."'1_ II nol Ih. IlIlolld,d r.elplenl .r Ih. em,"oy..
vr ",enl 1calllJlIlllJl. lor ddl~ctl"U Ihu nt.mu. 10 lh. 1'lIenlle~ 1..1/1le"I, you .r. hlcby n.lln.d 11111 I"y dlll'mlllollon,
dhlrlbllllulI. ., cUI'ylllg 01 Ihll cUllllllllnlc.tlon, 0, Ih, Ilklnw 01 IllY ItllUII III rellllleo Oil Ih. co"le"II 01 1"/o",,.lIlIn, onoy
1'0 1I1111ly prohllJhcd, II you have Ice.l~td 11111 I"llmlt, In CIlIII plclle 1I011ly UI Immedillcly by Iclephollo, "lid rL1U/n
Ih. v/lullllllllClll'. to u, IIlh. .bove Iddrm vi. Ih, U,S, 1'011" 3mlc" 111111k rou,
Tlln CONI'IDlltfl'lALI'I'Y 01' l'ACSIMllDTMNSMIssloN CANNaI' Ill! ASSlJIW/l
JIlN-Ill-UU IIlU II:J~ IJI/lL l,VllIllIilt::.
Ul/l//ll1l1b Ibl;(1I II/Uln5~15
"Il^ liV. QU,'lUJUUUU
AOVANTME D~
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I'IIClI; 00
provido appropriate ftnlllClal 8ClCIlrlty fur all aUM ImproVCll1\e
Improvement' at "Woment. If Soller electc to provldo fiDucial I
hordnbctoro mentioned, than Sellor ,hill Invncdlltcly foUowI
thereafter dl/Isently pl'OCled 10 oonltnlct all ImproVCll1len
altclSl1dJnslutlU1y plllll u approvod and reoorded.
(0) Notwlthtlllldlns any other provialon or t AateemeDI to tho oontrAl)',
Putah.1eI' ehall have tho liahllo lermlnalo Ihll A$rOODlCnt by sr wnltoa nolloe of tennlnallen
to Sellor al eny time wlthln lIdrty (30) daYI of both plll1l0' udon of thI. Aarotmont If
Purohaw, In Purchller'. .ole IlIId all.olute dlm.tlon, dotll1llln08 r any realOn wh.ltOtv.r that
tho devolopmonl orthe SubJect PropcJty I' oonl.mplllocl by Pureh cr eonnot be acoompUallocl or
It othOlWbe not fbulble. If PurohalOr timely and properly exer 101 IUdl e1octlon, then Ibis
~t ahall tonnlnalo, tho Emow Amounl a!ulll be rcft1n od 10 Purolwor (exClCIpl lbr
SI,ooo.oo, wLlch .haJl bo paid to SeUer In lUr1bc:r oooaldendoD 0 enlmllllnto Ihl. Asrocm.nt)
and nolther party "'all be under ~ /luther obUsatlon to the olbor.
. In 1100 of completion of
lily for tho Improvemenll II
lottlomeDI COllunence and
In accordance wllh tho
IN WI11VESS WlIEREO" Iho putl" havo OXOMed thI
)'CII' IiI'It above wrillen.
WITNESS 01\ A'M'BST:
snu.lU\
DIlYid Aiello
(1l^
A'M'B8T:
,
Pas. 7
Pure"'" AartGDlfol. c..u.1t, I'A
Exhibit 0
Jlllj-ltJ.~u IItU 1101)1
81/17/1~9& 1&:29
lJ 1111. VUllllllilt:::J
71,797e!l57D
l'll^ IIU, .IU('IJJiAH,U
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AOVANTAGE ENIl
I'. UI
PAGE DD
provide approprilte llnandal accurIty for all such Improvan I In lieu of completion of
Improvement I at selllement, If Sell.. elect I 10 provide filluclal rily lbr the Improvemenll as
berelnbelbre mentioned, than Seller ahall Immediately lbUowln aettlomelll commence and
thereafter diligently proceed to conllNet all Improvemcn In aOCOl'dancI with the
a11clgr,d\nglullUty plan. .. approved and recorded,
(0) Notwlthllandlni any other provlalon of t Aplemant to the contrary,
Purch..er ahall have the "Shtto tennlnate thla Aareement by al written notloe oftennlnatlon
to SeUer at any tlllIe within thirty (30) day. ot both partlea cutlon of thIa Apment If
Pdl'Gh...r. In Porch...'" IOle and .b.olute dl'llfetlon, dotermlnes rillY rellOn whalaoever that
the development orth. Subject Property a. contemplated by Pureb et cannot be eccoropUllted or
" oth.rwlse not ~ailbl., If Pureha"r t\JneIy and properly IX ..a AIM e1eot!ol1, then tblJ
Aareemenl ,hall terminate, the Eacrow Amount aball be roI\Jn cd to Pureltuer (except for
S 1,000,00, which ahalJ be paid to SeUer In f\uther con,ldcralillo 0 onterloll Into Ihl. Aareemenl)
and neltmr PIll1Y .hall be under any further obl\8atlon 10 Ibe other.
IN WlTMtSS WIUREOF, the partl" have executed thl AJreement.. uflhe day and
)'W fir.. above written,
wmmSS OR A'M1lBT:
BOU.ER
DaYld Aiello
r-~
ATTDST:
PUJlCIIASBR '
Dial Comp. or ..11111
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Po It. It' FaN Noll
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Punlbut ".....t. c..ualt, PA
Exhibit 0
PUItClfASE AGItEEMErfi
This Agreemenlls daled as oflhe ..l1.1lLday of Jannary, 1996, bel ween David Aiello
("Seller"), and Dial Companies, a Nebraska Corllorallon, or alSlgns, ("Purchaser");
WITNJ<:SS.:TII:
I, fu11e and J'urchasc, Seller shall sell and I'urchaser shall purchase, subjecl 10 lhe
lerms and conditions herein, 1.01 number 14 and Lot number 15 of Ihe flnal subdivision plan
known as Eden Dusiness Park as recorded or to be recorded in Ihe Ilecorder's office of
Cumberland Counly Pennsylvania, said Eden Business Park 15 located In Ihe Dorough of Carlisle
and Sonth Middleton Townshl(l, Cumberlllnd County, I'ennsylvllnlll,
2, rurchllse Prlcc, The purchase price for Ihe Land shall be Nine Million Four
Huudred Twenty Thousllnd Dollars ($9,420,000.00) (I he "Purchase Price") payable as follows:
(a) One Iluudl'ed Thousaud Dollars ($100,000,00) paid conlemporaneously with Ihe
execution by Purchaser oflhis Agreemenl to a mUlually acceplable IlIle company
(lhe "Escrow") 10 be held In an inleresl bearing escrow accounl, (I he "Deposll")
wllh Inleresl accruing to Purchaser. It being understood Ihal Dial Companies shall
place a demand nole for One Hundred Thousand Dollars ($100,000,00) wllh
.. Chicago Tille Omaha during Ihe 30 day Inspecllon period, On or before February
17, 1996, Ihe nole will be replaced with One Hundred Thousand Dollars
($100,000.00) cash; and
(b) Allhe end oflhelnspecllon period, Dial Companies will escrow Ihe One Hundred
Thousand Dollars ($100,000.00) cash and a nole In the amounl of Four Million
Nine Hundred Thousand Dollars ($4,900,000,00). The note will be subjecl to the
necessary governmenlal approvals being oblalned by Purchaser according 10
paragraph 23 oflhls agreement.
(0) The balance of Nine Million Three Hundred Twenly Thouslllld Dollars
($9,320,000,00) paid on Ihe dale of the closing ofthls sale (Ihe "Closing") by
certlfled check or Federal wire Iransfer; provided, however, Ihallf Ihe survey 10 be
prepared pursuanllo Section 4 herein revealslhallhe Land conlalns more or less
Ihan Forly-Seven and elghl olle-hundredtlu (47.08) acres, Ihen Ihe Purchase
Price shown above shall be Increased or decreased 85 applicable so I hal It shall be
an 8mOUIII equ8110 lhe producl oblalned by multiplying Two Illlndred Thonslllld
J)ollan ($200,000,00) by Ihe aClualnumber of Acres, as deOned In Secllon 4
herein, shown by Ihe surveyor's certlllcallon,
3. ICscl'ow. Purchaser and Seller shall deliver signed (nstmcllons 10 Chicago Title
Insurance Company, (Ihe "Escrow") as escrow holder, within Ihlrty (30) cnlendnr dnys of bolh
parties execution of Ihis Agreement which shall provide for c10slnll as provided herein Escrow
fees shall be lhe sole responsibility ofl'urchnser The "Close of Escrow" or the "Closing" shnll he
I'mcha5c AI\ICCIlICIII . CIII1I51c, I'A
the date Seller's special warranty deed is recorded, Concurrently with Seller's execution of the
escrow instructions, Seller shall execute a special warranty deed to convey title of the Property to
Purchaser, and Escrow Agent shall hold said deed untillhe Close of Escrow, For all purposes, the
date of lhe "opening of escrow" shall be dIe dale of this Agreement. In the event of any
inconsistency between the escrow instruclions and this Agreement, this Agreement shall control,
notwithstanding lhe fact that either party may have intentionally or inadvertently executed such
inconsistent instructions,
4, Snrvev. Seller. at its expense, shall deliver to Purchaser a current survey of the
Land prepared by a Registered SlIIveyor (the "Survey"), The Survey, in form suitable 10
Purchaser and "Title Company", as defined in Seclion 4 herein, shall (a) locate all present and
fUlure easements, rights.ol~way, I DO-year IIood plain, building lines, utility lines, roadways and
encroachments on or abulllngthe Land, (b) contain an accurate metes and bounds description of
the Land and (c) contain the certification of the surveyor as to the number of Acres (accurate to
lwo (2) decimal places) contained In the Land, Purchaser shall have seven (7) days from the date
of receipt of the Survey to approve same or to nollfY Seller of Its objections thereto, JfPurchaser
nollnes Seller of objecllons to the Survey, Seller sholl have the Survey corrected as expeditiously
as reasonably possible. This shall be an AL T A Survey,
S, Illl4! JllIllrance. Purchaser, at Purchaser's expense and within seven (7) days of
the date on which is receives a satisfactory Survey as provided In Section 4 hereof, shall order a
standard fonn ALTA Owner's Title Commitment Policy (the "Commitment") covering the Land
and Issued by a title Insurance company of Purchaser's choice ("Title Company"), together with
copies of all instruments, if any, referred to In lhe Commitment as exceptions to title, Purchaser
shall have twenty (20) days aileI' receipt of the Commitment, together with copies of all
documents constituting exceptions to title and survey, to review and approve the COll1mltment, If
any excepllons appear in the Commitment, other than the standard pre-printed exceptions (which
shall be totally deleted in the Policy except that the survey exception may except shortages In
area), which are objectionable to Purchaser, Purchaser shall, within such twenty (20) day period,
notifY Seller in writing of such fact. Upon the expiration of said twenty (20) day period, J1urchaser
shall be deemed to have accepted all exceptions of title as shown on the Commitment, except for
malleI'S to which notice under the preceding sentence has been given by Purchaser, and such
exceptions shall be Included In the tenn"Permltted Excepllons" as used herein, Seller shall, within
ten (10) days of receipt of said nOllce, clear Ihe title of the defects and objections so specllled,
The parties agree 10 close within seven (7) days fbllowlngthe date upon which all conditions and
contingencies, Includlnll without limitation defects in and objections to title, are satislled.
6, :rule and Ileed1 Al the Closlnll, Seller shall convey to Purchaser, by Special
Warranty Deed In a forlll Rcceptnble to Purchaser, Illnrketable ree slll1ple title to the Lnnd, flee
and clear of Rny and all enculllbrnnces, subject only 10 the Pennllted Exceptions as Iltovlded In
Section S herein. At lhe Closing, Purchaser shnll also bc able to obtain, at Purchaser's eXIJense, II
stllndard form ALl'A Owner's Tille Insurance Policy (Ihe "'lollcy") Issued by the Tille COlllpany,
Insuring rnarketnble fee simple tille 10 Purchaser In Ihe 11III allloonl of the Purchase Price and
conlalnlngno exceptions or condillons other than the 11ennllled Excepllons 115 Plllvided in Section
5 herenf
Page 2
""lchnse ^UICCIIICIII . Cn/llsle, "^
7. :Taxes nnd Assessmenls, Real property laxes, water rates and sewer charges and
rents, If any, shall be prorated and adjusted as of the date of settlement on either a fiscal or a
calendar yenr basis as may be applicable to Ihe panicular lax or charge Involved,
8, Transfer and Sales Taxes, The expense and cost of all Federal, state and local
documentalY or revenue stamps, transfer, sales and olher taxes, if any, relating 10 Ihe sale of the
Land shall be split equally between the Purchaser and Seller on the dale of Closing, Both panics
agree to execute any tax relurns required 10 be liIed in connection wilh any such taxes,
9, Ilefallllll\' 1'lIl'chnlcr', If I'mchascr shllll default in the perlbnllance of any oflhe
tenns and conditions of this Agreement, or if Ihe Closing shall not occur through the fault of
Purchaser, Seller shall, al its sole discretion elecllo,
(a) receive from the escrow agenl the lilll purchase price and retain all deposll
monies held by the escrow agent and other sums paid by Ihe Purchaser on accounl
of the purchase price, whelher required by this agreement or not, or
(b) apply all deposit monies held by the escrow agent and other sums paid by Ihe
Purchaser on account oflhe purchase price 10 the Seller's damages, or
(c) apply all deposltlllonles held by the escrow agent and other sums paid by the
Purchaser on account of the purchase price as liquidated damages for such default.
In Ihe event that the Seller elects to retain the monies as liquidated damages in accordance with
this paragraph, the Seller shall be released from all liability or obligation as this agreement shall be
NULL AND VOID, In any even I the Seller and I'urchaser shall also be entitled 10 speclnc
perfonnance and all olher remedies available allaw or In equity.
In the even I either party brings an aClion to enforce lis rights hereunder, the costs of such
action, Including reasonable attorney's fees of the prevailing party, shall be borne by the
non-prevailing party,
10, Defallll bv SellCIj Uxcepl for a willfill default hereunder on the part of the Seller,
In which case I'urchaser shall have all remedies available 10 them at law, If Seller fulls or refuses to
comply fully with the terms of this A8reemenl throu8h no faull of the Purchaser, Ihen Ihe escrow
amount shall be delivered by the escrow agent 10 Purchaser and such amount shall constitute
liquidated damages, and no other rl8hls or remedies shall be enforceable or available 10 I'urchaser
against Seller. Purchaser shall also be entitled 10 specific performance against Seller,
II, ~ At any tillle prior to Ihe Closing, and at Purchaser's sole expense,
Purchaser or its aUlhorized agents shall have the right to enter upon the Land, at reasonable times
and upon at lcost seven (7) days prior notice, to insllect the same and make such surveys and site
analyses, test borings and englneerin8 studies asl'urchaser Illay deem necessary. Purchaser hereby
agrees to Indemnll'y and hold Seller harmless In connection with any said entry and to reslore the
Land 10 Its previous stale in the even I of any bor/n8s or olher allerlltlon of the Land,
12, JlrukCl'lIlIl' "'ees, Upon the cJosln!lof this Iransaction, Seller shall pay 0-0111 the
proceeds as referred 10 III paragraph Iwo above 10 Gary Green !telll Estale, 250 Hasl Market
Slrcel, lIarrisonbur!l, Vlr!linia 2280 I, a real eslnle sellin!l fcc, which Ice has been allreed to by
separate a!lreement hetwcell Scllcr and Onry Oro('n !tenl Estnte. Ench "nny represents nlld
Jln!le .1
1'lIIchasu AllrcelllClI1 . Carl/Ilc, I'A
.'
warrants to the other that neither has taken any action which would give rise to a selling fee or
brokerage fee being due to any other party as a result of the transfer of the herein described real
property and each party agrees 10 indenmily and hold Ihe other party harmless from and agalnsl
claims made for a selling fee or brokerage fee due arising from such party's actions,
13. lIt11llies. Seller, allhe lime of Closing. warranls Ihal allulilily services including
water, gu, eleclricaland sanitary sewer 10 Ihe Land will be available,
14, Z1u1l.ni. This Allreemenl is expressly condilioned on zoning of the Land for
business retail usage, The land is currenlly zoned and approved as follows:
(a) In Soulh Middleton Township. C-I Commerclallnduslrlal
(b) In Carlisle Dorough - 12 Lighllnduslrial and Conditional use approval as a
Mixed Use Duslness Park,
15, ~ All notices and other communications required or permitted 10 be Biven
hereunder shall be In writing and shall be mailed by certified or registered mall, postaBe prepaid,
or by Federal EKpress, Airborne EKpress, or similar overnight delivery service, addressed as
follows:
lf1l1 Seller:
David Aiello
D/B/A Rockwood Development Company
1104 Fernwood Avenue
P.O. 001382
Camp 1111I, PA 17011
With copy to:
Broujos, Gilroy & 1I0ustou, P.C.
Huberl X. Gilroy
4 North Hanover Street
Carlisle, Pa 17013
Ifto Purchaser:
Dial Companies
11506 Nicholas St., 11200
Omaha, Nebraska 68154
Wilh copy to:
or such other address as shall be filrnished In writing by any party to the other party,
Notice shall be deemed to have been given upon deposit In Ihe US Mallin the case of
mailing or delivery to the delivery service in the case thereof.
16. Q.n.I1nJ. The Closing shall lake place on or before April 12, 1996 In Carlisle, P A
at a place and lime mutually agreed upon by Ihe parties,
17, $';19,11I1! COils. Notwithstanding anything to the contralY contained herein, the
Closing costs shall be paid as follows:
IlYJictler;
(a) Hxpenses of ploch III III Ie In pml'cr condition;
I'nlle .1
I'llldlll'C A"rcclllcnl . Carllllc, I'A
(b) Preparallon of Special Warranty Deeds;
(0) One.half(l/2) Revenue stamps or transfer lalCi
(d) Brokerage fCe.
By Purchaser:
(a) Title insurance examination and premium;
(a):Preparalion ofMongage, Deed ofTrusl or other applicable flnanclnglnslruments;
(b) Recording fees;
(0) One-half(I/2) Revenue slamps or transfer tale;
(d) Escrow fees,lfany,
18, Time o[.Essence: Accentance. Time is expressly declared to be of the essence of
Ihis Agreement. Seller shall have Two (2) days from the date of receipt of this Agreement to
accept and agree to the terms and conditions herein,
19. Mlscellaneons ProvWluw
(a) En1Jre Aereement, This Agreement contains the entire agreement between
Seller and Purchaser, and there are no other tenns, condillons, promises, undertakings, statements
or representallons, express or Implied, concerning the sale contemplated by this Agreement.
(b) neadlnes. The headings to Ihe Sections hereof have been Inserted for
convenience of reference only and shall In no way modify or restrict any provisions hereof or be
used to construe any such provisions,
(c) ~ The tenns of this Agreement may not be amended, waived or
tennlnated orally, but only by an Instrument In writing signed by both Seller and Purchaser.
(d) SlItcessors. This Agreement shall Insure to the benefit of and bind the parties
herelo and their respective successors and assigns.
(d) Governl"e Lllw. This Agreemenl is being delivered and is Intended to be
performed In the Commonwealth of Pennsylvania, and shall be conslnled and enforced In
accordance with Ihe laws of such Commonweallh.
(e).IWill!JtL The exhlbils attached 10 this Agreement are Incorporated herein and
made a part hereof as though IIllly set out herein,
(1).Gm1kr.a Wherever the contexl so requires, all words herein in Ihe neuler
gender shall be deemed 10 Include the masculine or feminine genders, all singular words shall
Include the plural, and all plural words shall include the singular,
20. M!l.llJ.wu!1 Warranlles hv Sellte.. Seller hereby represents and warrants 10 the
best of his knOWledge to Purchaser Ihal the Land is nol contaminated Wllh, nor threatened with
Page 5
Purchasc Agrcclllcul . Carllslc. PA
contamination from outside sources by, any chemical, material or substance to which exposure Is
prohibited, limited or regulated by any federal, state, county, local or regional authority or which
Is known to pose a hazard to health and safety and that the Land has never been used for a
landfill, dutnp sile, storage of hazardous substances, or by a manufacturer of any product or for
any other individual use, This representation and warranty shall survive the Closing, In the event
that Purchaser notifies Seller (either before or after the Closing) that the representation set forth
in Paragraph 20 is untrue and such nOlice is accompanied by a report from an engineering
company with eKperience in evaluating such mailers. then Seller agrees, at its sole cost and
expense, to perfonn such acts as may be necessalY to cause the Land to be in compliance with all
federal, state and local environmenlallaws, mles and regulalions, In the event that Seller fails so
to perform such acts prior to the Closing, then Purchaser may postpone the Closing for such
period of time as may be necessary lor Seller 10 do so, This Paragraph 20 shall survive the
Closing,
2 t. Condlllon of J'ronrrlv. It is understood and agreed that the Purchaser, or its
representative, has made an inspection of the property prior 10 the execution of this Agreemenl,
and based on Ihe inspection and Inforrnallon which may have been provided by the Seller as 10 Ihe
condition oflhe property, has enler Jd into this Agreement. Seller hereby warrants and guarantees
that the property will remain in its present condition, as of the execution of this Agreemenl to and
including the day that title to said property Is transferred to Purchaser, subject to the remaining
terms and conditions of this Agreement.
22, Construction orJlIIllrovements. Within fifteen (15) calendar days of both parties
execution oflhls Agreement. Seller shall provide Purchaser with complete plans and specificallons
In accordance with the site/grading/utility plans for the Eden Business Park which shall be
aU ached hereto and marked fuhlliILA (collectively relerred to herein as Ihe "Constmctlon Plans
and Specifications"),
No improvements or allerallons which substantially vary from the approved plans may be
made without the prior consent of Purchaser, Seller warranls and guarantees that all work shall
be perfomled in a good and workmanlike manner and in confonnance with the above. mentioned
Construction Plans and Specifications and all applicable governmental regulations,
23, 1&u1ln.Iwldw
(a) This contract Is contingent upon Final land development plan approval for
Lot number 14 and 1.01 number 15 of the final suhdlvlslon plan known as Eden nusiness I'ark as
recorded or to be recorded in the Recorder's of11ce of Cumberland Counly Pennsylvania, Said
land development plans shall generally follow the Eden Park Center development concept plan
aU ached hereto and marked Exhihit n. prepared by Advantage Engineering Services. Inc, File
11208 dated August 10, t 995 as revised December 28, 1995 showing a Lowes Homc
Improvement Store on lot 14 and a Wal.Mart Super Center on 10115, Seller to cooperate with
and assist Purchaser with the land development plan municipal approval process, All land
developmcnt plan approval cnslS shllll he the responsibility ofthe Purchaser.
(h) Seller at or prior to closing. shall dellvcr Ihis site pad relldy tn wilhln six (6)
Inches of finish grade and compllcted 10 Incnl speclllcallons for buildable property and Ilrovlding
all puhlic streels, utililies, hullers to within five leelllf(llld as requesled hy Pmchllser. Seller nmy
I'nge 11
!'nlcllnic Agrccl1Icnr . ('i11115Ic,!'A
provide appropriate llnanclal security for all such Improvements In lieu of completion of
improvements at settlement. If Seller elects to provide llnancial security for the improvements as
hereinbefore mentioned, than Seller shall immediately rollowing settlement commence and
thereafter diligently proceed to construct all Improvements in accordance with the
sitelgradlng/utlllty plans as approved and recorded.
(c) Notwithstanding any other provision of this Agreement to the contrary,
Purchaser shall have the right to tenninate this Agreement by giving written notice of tennlnation
to Seller at any time within thirty (30) days of both parties execution of this Agreement if
11urchaser, in Purchaser's sole and absolute discretion, detemllnes for any reason whatsoever that
the development of the Subject Property as contemplated by Purchaser cannot be accomplished or
is othelWlse not feasible, If Purchaser timely and properly exercises such election, then this
Agreement shall tennlnate, the Escrow Amount shall be refunded 10 Purchaser (eKcept for
$1,000,00, which shall be paid to Seller in further consideration of entering into this Agreement)
and neither party shall be under any further obligation to the other.
IN WITNESS WHEREOF. the parties have eKecuted this Agreement as of the day and
year first above written,
WITNESS OR ATTEST:
SELLER
David Aiello
,.'-
~)J01i
J'
ATTEST:
PURCHASER
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Exhibit E
flOO.OOO.oo
PROMISSORY IIOT!
omaha, lIebrllBka
January 18. 1996
For Value Received, the maker hereot, Lake Manawa - Carliala - L.P.
prolllius to pay to David Aiallo, or order, the principal BUill at Dna lIundred
Thoueand and nollOO Dollare ('100.000.00), by the 11th day at Februarv, 1824.
Payment shall be ..ade at Rockwood Develollment Cllmllanv management ottioe,
1104 Fernwood Ave.. Camllhill. PA 17011, or euoh llthar place ae the holder
hareot may in writing designate. payment at principal shall bs in lawtul
money at the United states at Amerioa.
The undersigned and all endoreerB, sureties and guarantore hereot,
hereby jointly and severally waive preeentment, demand tor payment, notice ct
dishonor, notice at protBlt, and protest, and all other noticea or demands in
oonneotion with the delivery, acoeptanoe, pertormanoe, detault, endorument
or guarenty at thie instrument, and oonsent that any extensions at tillie,
lenienoies, or laok at diligenoe in oolleotion that may oocur shall in no
wiee be a detense to the obligations at thie Note. Thie note oan ba prepaid
at anytime previous to tha data hereinabove detined.
This notioa shall be governed in aocordanoa with the lawe at the State
at Nebraska.
Lake Hanawa - Carl isla L.P.
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DIAL COI1rANIES
FAX NO, 4024930009
r.03
~SSlaHK8MT AND ~IIUHPrlaN or PDRCR~SI CONTRACT
TRU ~ssraNHIIIT AlID ASSUMPTION or PIIRe/IASS CONTRACT
(heroLnartor tho "A..lgnllontM) il lIado and onterod into on tha _
day or , lV8, by and batw8In TIle DiU CnlnD"~~~, a
iiebraaka oorporation ("A"ignorll), end D1tt1 ceVOlrm;nt P Br.
t.L.c., a Nobranka IJlnlt.d Ilabllltv DDmDan~ ("1.08 gneo"),
UenALD
11II111I,.., Tho 0101 COllplnl.. and Davld AtoUo ontered into a
neal Eatat. ~rohaDQ Contraot, attaohed hor.to a. EXhlbit "A" and
datod tho 17th day ot January, 19V6, tor certaln property loeated
ln the 80rough or carlLslo and South 1l1delloton 'rownlhlp, CUlllber1and
county, P.nnsylvanla, oonalstlng Dt a parcol or land approxlmately
47,08 acr.l, end mOl'. partlcutarly described ln Exhlbit "A" ot laJd
Purchasa and Purehaa. Agr..mont, (parcsl "A").
IIl/EUAB, Analgnor and A88ignlCl d8l1ro that aU Ass!;nor'l
right, tit1s, and int.rent under tho purohaso and Purohase
A;rel.nnt l'Oletivo to Pare. 1 A bo assl;nod to ASli;noa,
NOli, 'l'HIRlrOU, In cons!deratLon or 0,," Dollar (01,00) and
othor ;ood and valuable consLdGtat1on, tho reoeipt, lurUelenoy anel
adequaoy ot whloh 1. hereby aOknowledged, and ln consld.ratlon or
the .utual oovenants and oondltlon. oontalnael hor.in, the partles
;rant and agro. a. tollow'l
BtrectiVB upon the oXloution ot this A88i;nmlnt by both
parthl, "..illnor uai;n. to A88i9nuo, 1 ts auoc...ors and
ul1gn., all right, title, anlS lntereat of ASal;llor to 'aroal
^ und.r the ,uroha.e Contraot.
'rh. terDI anlS oondltions ot this A.s19nm.nt ohat1 ba ~lndln9
Upon anlS lnur. to the benetit ot the partle. and th.lr re.p.otlv.
hairl, .UooellorS, and ...1;nl.
!be blal Oo.panl.s, a ..br..ka,
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ppVad~/alello,all2lNo~ember 1,1996
DAVID AIELLO,
I IN THB COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I NO. 96 - 5726
I
I
I
I
I CIVIL ACTION - LAW
Plaintiff
vs.
DIAL COMPANIBS, a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Defendants
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SS I
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared PAULINA PATTI THOMAS of the law firm of
Hepford, Swartz & Morgan, 111 North Front Street, Harrisburg,
Pennsylvania 17101, satisfactorily proven to be the within affiant,
and who being duly sworn according to law, deposes and says that
on October 18, 1996, she mailed the Complaint in the above-
captioned case by Certified Mail Return Receipt Requested,
Restricted Delivery, Article No. P 487 032 757 addressed to Lake
Manawa-Carlisle, L.P., 11506 Nicholas Street, Omaha, Nebraska
68154, and the same was received on October 22, 1996, as indicated
by the return receipt card attached hereto.
~ C;;Ju.J1, QJr~
~~. patt1~~as
Sworn to and subscribed
before me this 1st day
of November, 1996.
I J \ I (
.I I {r1.'11 ( . '\ i j
Notary Public
1M1!m~..J
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'~'lIImIt _1101__.
'Clon1iiII. IIImI I, ... end .b.
I .""!.!~ NmI end eddrIu """'11_ DlIhilIomlIO""" WI ....."'" 111I.
.lr..h'.l:iorm 10 IhlIror1 01"'" moIIpIocI. or ..111I_' _..... "'"
I .e::::!i1_ R",* IIIouHIId' ..""'.......... below.... .rtloII_.
.1llI RII"",1IIOIIjIl wlII.....'.""""'...._.... doII_endlhl_
& _.
I
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Lake Manawa-C&r~iole,
11506 Nicholan Street
Omaha, Nebraokn 60154
L.I'.
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CERTIFICATE OF SERVICE
I, PAULINA PATTI THOMAS, on November I, 1996, for the
firm of HEPFORD, SWARTZ & MORGAN do hereby state that I have
served a copy of the within document Pursuant to Rule 1037 by
depositing the same in the U.S. Mail, postage pre-paid, to the
following address:
Dial Companies, a/kIn Dial Properties, Co.
11506 Nicholas Street
Omaha, Nebraska 68154
Dial Development Partners, L.L.C.
11506 Nicholas Street
Omaha, Nebraska 68154
Lake Manawa-Carlisle, L.P.
11506 Nicholas Street
Omaha, Nebraska 68154
BYI~~~
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ppVadV/alallo,anllNoVdmber I, 1996
DAVID AIELLO,
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
I NO. 96 - 5726
DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT I
PARTNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Defendants CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
l SSI
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, thia day,
personally appeared PAULINA PATTI THOMAS of the law firm of
Hepford, Swartz & Morgan, 111 North Front street, Harrisburg,
Pennsylvania 17101, satisfactorily proven to be the within affiant,
and who being duly sworn according to law, deposes and says that
on October 18, 1996 , nhe mailed the Complaint in the above-
captioned case by Certified Mail Return Receipt Requested,
Restricted Delivery, Article No. P 832 864 822 addressed to Dial
Companies, 11506 Nicholas Street, Omaha, Nebraska 68154, and the
same was received on october 21, 1996, as indicated by the return
receipt card attached hereto.
,~~~~~
Sworn to and subscribed
bafore me this 1st day
of November, 1996.
, I J ,,' . (
, f ,/., ( .,,- if.
Notary public
lU1!mY~-'
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I _Wil ......_oIIhiIIomIIO""......1IIum1hil
. n:-.....1rorI 01................ or on ""'....................
:E".:::.."='J:m,.~-===
I
111Io WIth !II /tOIlYt ....
foIIow!no H/YICtI (lot ~
.m"'):
I. C Add/IIIII'. AddrIII
a,lIl\Mlrtol1d IlIlIYIIV
00nIIiI poQnUIllr 101 ,".
Oial Companios
11506 Nicholas Street
omaha Nebraoka 68154
IIdJ
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.
I
ppUadv/alello,an3IN0venilo, 1, 1996
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DAVID AIELLO,
vs.
NO. 96 - 5726
DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Defendants
CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SSI
COUNTY OF DAUPHIN l
Before me, the undersigned notary publiC, this day,
personally appeared PAULINA PATTI THOMAS of the law firm of
Hepford, Swartz & Morgan, III North Front Street, Harrisburg,
Pennsylvania 17101, satisfactorily proven to be the within affiant,
and who being duly sworn according to law, deposes and says that
on October 18, 1996, she mailed the Complaint in the above-
captioned case by Certified Mail Return Receipt Requested,
Sworn to and subscribed
before me this 1st day
of November, 1996,
/), ,I ~ (
(? . . ,( \
{Notary' Public
Restricted Delivery, Article No. P 487 032 756 addreesed to Dial
Development Partners, L.L.C., 11506 Nicholas Street, Omaha,
Nebraska 68154, and the same was received on October 21, 1996, as
indicated by the return receipt card attached hereto.
~~~~~~
~.~-I
... ..... ...... .. .....
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PB Form 38
I_ with 10 r-we ll1t
following ..NIce. (101111
IIdII ,..):
I, 0 Add"....'. Add-
a, JIf R"",c\ed DIIIVlIY
ConIUll poIlmI"lr '011..,
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t "="_ ,"'end~,
...I"';l,O"~Wileddrlu"""II_oIIhIIIomI"IhIl........umll1ll
IAlI;.li 1* !ann 10 tholrorl 01 tho moIlpIIOI. or ..111I..... N......... "'"
I .=iItMn """'" 1IIouH/Id'..""'.......... beIow""'__'
Itl1I Allum I\IOIIfIlMl ..... to.........IIIIdt.... doIIYIIId end tho dill
& dolivnI,
I.... I,
~ial Developmont Partnors
11506 Nicholao st
omaha Nebraukn 60154
.
,
CBRTIPICATB OP SBRVICE
I, PAULINA PATTI THOMAS, on November 1, 1996, for the
firm of HEPFORD, SWARTZ & MORGAN do hereby state that I have
served a copy of the within document pursuant to Rule 1037 by
depositing the same in the U.S. Mail, postage pre-paid, to the
following address I
Dial companies, a/k{a Dial Properties, Co.
11506 Nicholas Street
Omaha, Nebraska 68154
Dial Development Partners, L.L.C.
11506 Nicholas Street
omaha, Nebraska 68154
Lake Manawa-carlisle, L.P.
11506 Nicholas street
Omaha, Nebraska 68154
~~
a~pa a patt - o~as
F IJlU.uI1IA'AFII.F41tiNIU'W'IJ6Z61l'U 1/nIb
('tilted 111Q11fe0t46I.AM
amud 11I0'.....11 \Q n AM
DAVID AIELLO.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
. NO 96-5726 CIVIL TERM
DIAL COMPANIES, alk/a DIAL
PROPERTIES, CO" DIAL DEVELOPMENT ' CIVIL ACTION - LAW
PATNERS. L,L,C" and LAKE
MANAWA-CARLlSLE
Defendants
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enler the appearance of MARTSON, DEARDORFF, WILLIAMS & OTTO In behalf of
Defendants DIAL COMPANIES, alk/a DIAL PROPERTIES, CO" DIAL DEVELOPMENT
PATNERS, L,L,C" and LAKE MANAWA-CARLlSLE, L,p" In the above mailer.
MARTSON EARDORFF, WILLIAMS & OTTO
By
George B. Faller, Jr, ulre
I.D Number49813
Ten Easl High Street
Carlisle, PA 17013-3093
(717) 243-3341
Allorneys for Defendants
Date: November 7, 1996
..
.
CERTIFICATE OF SERVICE
I hereby certifY that a copy afthe foregoing Praecipe was selVed this date by depositing same
in the Post Office at Carlisle. P A. first class mail. postage prepaid, addressed as follows:
Andrew K. Stutzman
HEPFORD. SWARTZ & MORGAN
III North Front Street
P.O. Box 889
Harrisburg. PA 17108-0889
MARTSON, DEARDORFF. WILLIAMS & OTTO
By
Geor , Faller, Jr" Es uire
Ten East High Street
Carlisle. PA 17013
(717) 243-3341
Attorneys for Defendants
Dated: November 7. 1996
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DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Defendants
CIVIL ACTION - LAW
ppt/olollo/motlon/Pebruory aI, 1997
DAVID AIELLO,
Plaintiff
IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 1996 - 05726
RULE
AND NOW, this
l.(.~
day of February, 1997, a Rule is issued
upon Defendants to fully and completely produce the requested
documents or show cause why such documents are being withheld.
Rule returnable 20 days after service hereof.
BY THE COURT:
J.
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ppt/lll11o/motlon/rebruory 21, 1997
DAVID AIELLO,
Plaintiff
I IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
I
vs.
NO. 1996 - 05726
DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Defendants I CIVIL ACTION - LAW
ORDER
AND NOW this
_ day of
, 1997, upon
consideration of Plaintiff's Motion to Compel Discovery from
Defendants, it is HEREBY ORDERED that Defendants shall fully and
completely produce the requested documents within 20 days from
entry of this Order.
Failure to comply with this Order shall
result in sanctions as provided by Pa.R.C.P, No. 4019.
BY THE COURT I
J,
ppt/Illllo/motlon/Fobrulry ai, \997
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DAVID AIELLO,
vs.
NO. 1996 - 05726
DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Defendants
CIVIL ACTION - LAW
PLAINTIFF'S MOTION TO COMPEL
DISCOVERY FROM DEFENDANTS
1. The above-captioned action initiated by complaint on
October 17, 1996 arises out of a Purchase Agreement for certain
real estate in cumberland County, Pennsylvania entered into by
Defendants herein.
2. On December 20, 1996, Plaintiff served Defendants with
a Request for Production of Documents, a true and correct copy of
which is attached hereto and incorporated herein as Exhibit "A".
3. On January 23, 1997, after Defendants had failed and/or
refueed to respond to Plaintiff's aforementioned discovery,
Plaintiff wrote to Defendants requesting prompt responses thereto
and further warned Defendants that he would shortly move to compel
same.
4. In a further effort to obtain responses to his discovery
without the necessity of judicial intervention, Plaintiff maned
a copy of this Motion to Defendants on February 13, 1997.
ppt/olll1o/motlon/robruory 24, 1997
5. To date, however, Defendants have failed and/or refused
to respond to Plaintiff's outstanding discovery herein.
6. The discovery sought seeks information which is clearly
relevant to the issues herein or appears reasonably calculated to
the discovery of admissible evidence.
WHEREFORE, Plaintiff requests that this Honorable Court order
that Defendante respond to Plaintiff's outstanding discovery, and
further grant Plaintiff such other relief as this Honorable Court
deems appropriate.
Respectfully submitted,
HEPFORD, SWARTZ & MORGAN
BYI
Lee C. Swartz
Attorney 1.0. 07258
Andrew K. Stutzman
Attorney I.D. #72922
111 North Front Street
P. 0, Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
A'l'TORNEYS FOR PLAINTIFF
Datedl February ~1, 1997
- 2 .
ElChlbltA
, 1IIIl/adv/alollo'IKut/Uccumbol. 20, 19!H,
INS'l'RUCTIONS
1. With respect to each of the following requests, identify
and/or produce all documents which are known to you or which can
be located, accessed, discovered, or obtained by you, y~ur
emploYEles,
representatives,
insurers,
agents,
at;tCJ1':neys,
accountanto, or other persono acting on your behalf thrnugh reason-
able effort by you, your employees, representatives, agents,
insurers, attorneys, accountants, or other persons acting on your
bahalf.
2. The fOllowing requests shall be deemed to be continuing
so as to require further and supplemental production of documents
by you in accordance with Rule 4007.4 of the Pennsylvania Rules of
Civil Procedure.
3. If any documents requested herein no longer exist, have
been lost or destroyed, or are otherwise unavailable to be produced
at this time, provide in lieu of a true and correct copy thereof
a list of each such document, together with the following
information I
......
(1) the date of origin; (2) a brief description of
such document; (3) the author of such document; (4) the approximate
date upon which the document becama unavailable to be produced; and
(5) the reasons why the document is unavailable to be produced.
4. All documents requested shall be fully and completely
...
produced unless objected to, in which event the reasons for the
- 2 -
l'l.t/.dv/alallo,pod/UocombClr 20, IU'
objection shall be set forth and all documents not subject to said
objection Ahall be produced.
5. In the event you refuse to produce most or all of any
document or documentA requested on the grounds of any claimed
privilege from discovery, state with particularity each ground for
such claimed privilege, describe such document withheld by date,
author, recipients (including all persons who were shown or
received a copy), give a general description of the subject matter
of such document, and produce all portions of such document or
documents that are not subject to such privilege.
6. In the event that more than one copy of a document exists,
the original shall be produced, as well as every copy on which
appears any notation or marking of any sort not appearing on the
original.
7. For any documents which are stored or maintained in files
in the normal course of business, such documents shall be produced
in such files, or in such a manner as to preserve and indicate the
file from which such documents were taken.
',."
DEFINITIONS
1. "You" and/or "your" shall mean the answering Defendant,
as well as its ,agents, attorneys, employees, accountants,
consultants, independent contractors, insurer, and any other
- 3 -
, 1'1"/odv/a1ollQ,llOd/llocombol' 20, lUG
individual or entity associated with or affiliated with Defendant
or purporting to act on Defendant'a behalf.
2. "Plaintiff" or "Plaintiffs" refers to all named Plaintiffs
he~ein, their employeeo, agents, attorneys, and all otheI natural
persons or business or legal entities acting or purporting to act
for or on behalf uf Plaintiffa.
3. "Defendant" shall mean the answering Defendant, its
predecesaors or successors in interest, employees, agents,
attorneys, and all other natural persons or business or legal
entities acting or purporting to act for or on behalf of said
Defendant.
4. "Document" shall mean all written or printed matter of any
kind, whether or not prepared by you or by or on your behalf, and
. including without limitation letters, correspondence, memoranda,
notes, plans, blueprints, sketches, drawings, tables, speeches,
press releases, diaries, calendars, agenda, statistics, letters,
telegrams, minutes, contracts, purchaee orders, reports, studies,
checks, statements, receipts, returns, summaries, pamphlets, books,
interoffice and intraoffice communicationo, offers, bulletins,
printed matter, computer printouts, teletypes, telefax, invoices,
work sheets, work papers, recorda of telephone calla or other
communicationa or converaations, and all drafta, alterationa,
modifications, changes or amendments of any of the foregoing,
graphic or aural recorda or representations of any kind, including
. 01 -
, I'l'l/odv/olallo,pod/hacembar ~O. 1996
but not limited to, photographs, charts, graphs, microfiche,
microfilm, video tapes, recordings, and motion pictures, and
electric or mechanical records or representations of any kind,
including but not limited to, tapes, cassettes, discs, and
rocordings.
5. "Relating to" indudes perta ining to, involving,
concerning, recording, evidencing, containing, setting forth,
reflecting, showing, disclosing, describing, explaining,
summarizing, or referring to, either directly or indirectly, in
any manner whatsoever.
6. The conjunctions "and' and "or" shall be interpreted to
mean "and/or" and shall not be interpreted to exclude any
information otherwise within the scope of any request.
7. "Person" shall mean any individual, firm, partnership,
corporation, association, business or governmental entity or
subdivision, agency, department, and any "person" acting by or
through, directly or indirectly, any other "person" as well as any
"person" by whom such "person" was controlled with respect to the
matter in question.
8. "Prepared" shall include written, drafted, created,
commenced, or formed, in whole or in part, whether completed or
uncompleted.
....
- 5 -
l'pt/edv/llullu'l'od/llecumIJer 20. 1996
DOCUMBNTS TO DE PRODUCED
1. All documents relating to statements, signed
statements, transcripts of recorded statements or interviews of any
per.son or wir.ness rp.latlng to, re[errin\l to, or describing any of
the facts or events described in the pleadings.
2. All expert opinions, reports, summaries, or other writing
relating to the subject matter of this litigation and all documents
relied upon or utilized in the formulation of each said expert
opinion, report, summary, or other such writing, and the full and
complete resume or curriculum vitae of each said expert.
3. All documents prepared by each expert identified,
together with all correspondence between expert and the answering
party or their agents, attorneys, or anyone acting on their behalf.
4. All photographs, drawings, motion pictures, videotapes,
graphic representations, and similar documents relating to any
matter at issue in this case.
5. All unprivileged documents involving summaries or notes
of any conversation with any witness or persons relating to any
matter that is at issue in this case.
G. All documents relating to any insurance that may be
applicable to any '1:acts or evento set forth in the pleadings
- G ..
, ppt/adv/alollo.pod/OeccnW.., lO, In.
herein, including all such insurance policies and declaration
sheets.
7. All unprivileged documents prepared by you, or by any
insurer, represflntative, agent, or anyone actin!) on your behalf
relating to any of the facts, events or allegationD set forth in
the pleadings herein.
8. All unprivileged documents prepared by you or by any
insurers, representatives, agents or anyone acting on your behalf
relating to any investigation of any aspect of the facts set forth
in the pleadings.
9. All documents relating to the Purchase Agreement averred
in Plaintiff's complaint, including but not limited to all
documents relating to the negotiation, acceptance, execution, or
,delivery thereof or performance thereunder.
10. All documents relating to the Promissory Note referenced
in Plaintiff's complaint, includihg but not limited to all
documents relating to the negotiation, acceptance, execution, or ,,"
delivery thereof or performance thereunder.
11. All documents relating to the Assignment and Assumption
of Purchase Contract referenced in Plaintiff's complaint, including
but not limited to all documents relating to the negotiation,
acceptance, execut'lon, or delivery thereof or performance
thereunder.
- 7 -
, ppt/ldv/llello.pod/Oacember 20. 1996
12. All documents relating to the exhibits attached to
Plaintiff's Complaint.
13. All documents relat.ing to the development or disposition
of ~he land subject to the Purchase Agreement averred in
Plaintiff's Complaint.
14. All documents relating to the discontinuance of any work
or services whatsoever for any land development plan reviews or
approvals whatsoever concerning the land subject to the Purchase
Agreement averred in Plaintiff's Complaint.
15. All documents relating to the creation or operation of
Lake Manawa-Carlisle, L.P. and/or Lake Manawa-Carlisle, Inc.,
inoluding but not limited to all documents relating to the
'formation and purpose therefor and capitalization thereof.
16. All documents relating to the creation or operation of
Dial Development Partners, L.L.C., including but not limited to all
documents relating to the formation and purpose therefor and
capitalization thereof.
.,'"
17. All documents relating to the creation or operation of
Dial Companies and/or Dial Properties, Co., including but not
....
- 8 -
,
" . Illlt/adv/alello,lIod/Oacambn 20, 1116
limited to all documents relating to the formation and purpose
therefor and capitalization thereof.
Respectfully submitted,
lillPFORD. SWART? & MORGAN
~
B}'l__
Andrew K. Stutzman
Attorney I.D. #72922
111 Nort.h Front Street
P. O. Box BB9
Harrisburg, PA 1710B-0009
(717) 234-4121
ATroRNBYS FOR PLAINTIFF
Dated I December 20, 1996
I ,'~'
...
- 9 -
. , .
ppt/ldV/11811o.pod/Oecambor 20, \V96
CBUTIFICATE OF SERVICE
I, PAULINA PATTI THOMAS, on December 20, 1996, for the
firm of HEPFORD, SWARTZ & MOROAN do hereby state that I have
served a copy of the within ducump.nt Pursuant to Rule 1037 by
depositing the same ill the I1.S. Mail, postago pre-paid, to the
following addreas:
Oeorge B. Faller, Jr., Esquire
Ten East High Street
Carlisle, PA 17013
Attorney for Defendants
a~Lt1~~,
Pau na Patt Tomas
'>.....1
....
. .
, .
ppt/llollD/motiDn/Flbrulry 24, 1"7
CERTIFICATE OF SERVICE
I I PAULINA PATTI THOMAS, on February ~ , 1997, for the
firm of HEPFORD, SWARTZ & MORGAN do hereby state that I have
served a copy of the within document Pursuant to Rule 1037 by
depositing the same in the U.S. Mail, postage pre-paid, to the
following address I
George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, PA 17013
Attorney Defendants
13Y~~~.
Pau na Pat TomBs
FIFIUI'lIATAI1It'<JEHllUl.....I.IANi 1Ini1>'loo
CI_IVI1""Dl4lIlPM
....s OIIIA-'9' ID 19 n AM
Ill"
DAVID AIELLO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
DIAL COMPANIES, aIkIa DIAL
PROPERTIES, CO" DIAL
DEVELOPMENT PARTNERS, L,L,C"
and LAKE MANA W A-CARLISLE,
Defendants
CIVIL ACTION - LAW
NO, 96-5726 CIVIL TERM
.IlEUNDANT'S ANSWER WITU NEW MA1TE~ AND COllNTER~LAlM.
TO PLAI~TIFf"S COMPLAINT
TO: DAVID AIELLO, Plaintiff, and his allorney, ANDREW K. STUTZMAN, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU,
1. Admitted, Based on Information received,
2, Admitted that Defendant DiBI Properties, Co, is a Nebraska Corporation whose
primlU)' business is engaged In the management of real estate, It Is denied that the proper Defendant
or a proper party is Dial Companies. alkla Dial Properties, Co, As can be seen from the copy ofthe
Agreement attached to Plalntltrs Complaint as Exhibit"A". the Agreement was signed by Richard
Cooper as a representBtlve of DIBI Properties, Co,
), Lake MBnawB-Carllsle L.P" was to be B business entity origlnBtlng In NebraskB,
however. this BctUBI entity was never formed since the tenBnts for the proposed development were
never obtBlned,
4, DiBI Development Partners, L,L,C,. was to be B business entity origlnBtlng In
NebraskB. however, this BctUBI entity WBS never fornled since the tenBnts for the proposed
development were never obtBlned,
5, Is Bdmlued thBt an Agreement between Dial Properties, Co, and the Plaintiff was
attBched to the ComplBlnt and signed, The remBlnlng Bverments of this parBgrBph are denied, To
the contrary there was never Bny Agreement between the PIBlntlffand "Dial CompBnles".
6, Defendant hereby Incorporates by reference due to the avennents contained in
paragraphs 2 and 5 of this Answer. It is admitted, however, that on that same day an attested
signature was then faxed to the PlaintilT,
7, Denied as stated for the reasons set forth in paragraphs 1 through 6, 11 is admilled
that Richard Cooper then provided Plaintifi' with a copy of the 11urchase Agreement which was
attached as Exhibit "0" proporting to be signed by a representative,
8, Denied, To the contrary, the amount of S I 00,000,00 was available and was issued,
9, Denied as stated for the reasons set forth in paragraphs 1 through 6, By way of
further response, on February 16, 1996, the Plaintifi' was also faxed a letter and revised Purchase
Agreement, indicating a need for the assignment of the Purchase Agreement, as well as changes
regarding the closing dates due to the impossibility of procuring both anchor tenants referred to In
the original Purchase Agreement by April 12, 1996,
10. Denied as stated for the reasons set forth in paragraphs 1 through 6, The
discontinuance of the work on the plans was necessitated by the two anchor tenants, Lowes' and
Wal-Mart's inability to be in a position to close the deal under the terms of the original Purchase
Agreement by April 12, 1996, Furthennore, this was communicated to PlaintilTorally and in writing
in February 1996,
II, Denied, To the contrary, PlaintilT cannot point to any portion of the Purchase
Agreement which was breeched by any of the Defendants, Also, see th~ avennents stated in
Defendants' New Matter,
12. It is denied that PlaintilTmade demand for payment under the Purchase Agreement
or Note, However, since the purchase never occurred. due to no fault ufthe Defendants, Plaintiff \s
not entitled to any money in any event,
13, Denied, To the contrary, PlaintilTwas not able to perform as of March of 1996.
There was no conceivable way for Lowes and/or Wal-Mart to make the necessary commitments to
proceed as tenants as outlined in paragraph 23(a). Furthermore, it was impossible to obtain zoning
approvals required under paragraph 14,
14, Denied, To the contrary. none of the Defendants have failed or refused to remit any
payments which would be due to Plaintiff under either the Purchase Agreement or the Promissory
Note as no payments are due for the reasons set forth herein,
15. Denied, To the contrary, Plaintiff is not entitled to allomeys' fees since attomeys' fees
are only awardable to the prevailing party,
16, The averments of these paragraphs are conclusions of law to which no response is
required, To the extent a response may be deemed required, the averments are therefore deemed
denied, To the contrary. assets were available from Dial Properties Co, as signatory to the
Agreement,
17, Denied, To the contrary. no conduct on the part ofthe Defendants has caused Plaintiff
to be entitled to damages,
WHEREFORE, Defendants request judgment in their favor and dismissal of the Plaintlll's
Complaint with prejudice,
~EW MA TIER
18. Plaintiffs Complaint is barred as it became impossible for either party to perform the
contract as contemplated,
19, Plaintiffs Complaint Is barred as all actions on the part of any ofthe Defendants were
done with complete and total legal justification,
20. Prior to signing the Agreement all ached to Plalntltrs Complaint as Exhibit" A." on
January 18, 1996, Richard Cooper was told the following by the Plaintiff:
a, Lowes had been to the site on at least two occasions;
b, Mr, Aiello had received a lease signed by Wat-Mart for the property
In question; however, Mr. Aiello failed to Inform Mr. Cooper that the contract
contained a provision Indicating that Wal-Mart's committee approval process stil1
needed to be conducted despite repeated requests from Mr, Cooper, A copy ofthls
lease with Wal-Mart was never provided to Mr, Cooper; and
c, The nnal land development approval for the plan referred to in
paragraph 23 would not be a problem to receive by Apritl2, 1996, the date referred
to In the original contract,
21. As a result of the foregoing representations, the Defendant was induced to sign the
contract,
22. Allor some ofthe aforesaid inducements were not wholly accurate,
23, Plaintitrs claims are therefore barred by the doctrine of estoppel.
24. Plalntitrs claims are barred by the failure of consideration,
25, On or about February 16, 1996, Plaintiff was advised by Richard Cooper that it would
be impossible for the deal to be consummated by the April 12, 1996 closing date required in the
contract.
26, This was communicated to the Plaintiff in writing on or about February 16, 1996.
27, The Defendants attempted to continue to negotiate with Plaintiff to extend the various
deadlines to accommodate the schedules of Lowes and Wal.Mart as well as the Plaintiff.
28, The Plaintiff continued to negotiate with the Defendants to attempt to work out a
suitable agreement to both parties
WHEREFORE, Defendants demand judgment in their favor and dismissal of the Plaintitr s
Complaint with prejudice,
~OUNTERCLAIM
Pial Companies v.
David Aiello. individually and tldlb/a Rockwood Development Company
30. The avennents of Defendants' Answer with New Matter are hereby incorporated by
reference,
31. Since Defendants did not breach the Agreement, but still have been sued by the
Plaintiff, the Defendants hereby claim attorneys' fees under paragraph 9 which shall be awardable to
the prevailing party,
WHEREFORE, Counterclaim Plaintiffs demand judgment in their favor and attorneys' fees
be granted,
By
Geo Faller, Jr"
I.D. Number: 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Defendants
Date: January 10, 1997
MDlI'&o-<
140248380681#11/11
SENT BY: MDlI'O
;12-31-86; 14:22;
.
YRRlFICA'TtON
The foregoing Detendant'a Answer With New Ma\ter To Plaintlft"H Complaint is based upon
Infonnatlon which hu been gathered by my coun>>cl in thc preparation of the !awault, The language
ofthc document is thst of counsel and not my own, 1 havc lead the document and to the extent that
It Is based upon information which 1 have given to my coun.el, it is true and correct to the best of
my knowledgc. infonnatlon and belief. To the extent that the content of the document is that of
counae~ 1 have relied upon coul\iClln milking this verification,
This statement and verification are made subject to the penalties of 18 Pa, C.S, Section 49114
relating to unsworn falsification to authoritics. which provideR that if! make knowingly false
avennmt.. 1 may be aubject to criminal penaltiCll,_
. / '1-(/ j~'.1. /'7 /
L.of' )~L , l~i':~//
Richard N, Cooper
CERTIFICATE OF SERVICE
I hereby certltY that a copy of the foregoing Defendant's Answer with New Matter and
Counterclaim to Plaintltfs Complaint was served this date by depositing same In the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Dated: January 10, 1997
Andrew K, Stutzman, Esquire
HEPFORD, SWARTZ & MORGAN
111 North Front Street
p,O, Box 889
Harrisburg, P A 17108-0889
MARTSON, DEARDORFF, WILLIAMS & OTTO
Attorneys for Defendants
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pjblandy/p,8dv/alello,replylFabruary 5, 1997
DAVID AIELLO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
Plaintiff
v,
NO. 1996 . 05726
DIAL COMPANIES a/kla DIAL
PROPERTIES CO.; DIAL
DEVELOPMENT PARTNERS, L.L.C.; :
and LAKE MANAWA.CARLISLE, L.P.,:
Defendants :
CIVIL ACTION. LAW
NEW MATT~
18, Denied, This averment sals forth a conclusion of law to which no response
Is required. To the extent a response Is required, It Is specifically denied thai It bacame
Impossible for either party to perform the contract as contemplated. To the contrary, at
all times material hereto, It remained lagally possible for tha contracttD be performed.
In addition, for the reasons set forth In Plaintiffs Complaint, all of which are Incorporated
herein as If fully set forth at length, Defendants breached their agreements and directly
and proxlmataly caused Plaintiffs damages herein.
19, Denied, This avarment sets forth a conclusion of law to which no response
Is required. To the extent a response Is required, It Is specifically danled that
Defendants' actions wera done with complete and total legal justification, To the
contrary, for the reasons set forth In Plaintiffs Complaint, all of which are Incorporated
herein as If fully set forth at length, Defendants breached their agreements and directly
and proxlmataly caused Plaintiffs damages herein.
20, Admitted In part and denied In part, It Is admitted that, prior to January 18,
1996, Plaintiff advised Richard Cooper that Plaintiff had been advised that Lowe's had
pjblandy1rJ,adv/alaUoJoply/FebnJary 5, 1997
been to the site on at least two occasions, that Plaintiff had received a lease signed by
a representative of Walmart for the property In question, and that final land development
plan approval may be possible tD be effectuated by April 12, 1996. Ills denied, however,
that Plaintiff failed to Inform Mr, Cooper that the contract contained a provision Indicating
that Walmart's committee approval process stili needed to be conducted despite
repeated requests from Mr. Cooper, and that a copy of the aforementioned lease was
never provided to Mr, Cooper. To the contrary, Plaintiff had provided the aforementioned
lease to Mr. CODper, By way of further answer, the aforementioned lease, as well as the
agreements attached as exhibits to Plaintiffs Complaint, speaks for Itself and
Defendant's characterizations thereof are therefore denied. In addition, for the reasons
set forth In Plaintiffs Complaint, all of which are Incorporated herein as If fully set forth
at length, Defendants breached their agreements and directly and proximately caused
Plaintiffs damages herein,
21. Denied, For the reaSDns sst forth In Plaintiffs reply to paragraph 20
above, It Is denied that, as a result of the foregoing representations, Defendants were
Induced to sign the contract. In addition, after reasonable Investigation, Plaintiff Is
without knowledge or Information sufficient to form a belief as to the truth of this
averment, and the same Is therefore denied,
22. Denied. Plaintiffs reply to paragraph 20 above Is Incorporated hersln
as If fully set forth at length, By way of further answer, It Is specifically denied that the
representations made by Plaintiff were not accurate, For the reasons set forth In
Plaintiffs Complaint, all of which are Incorporated herein as If fully set forth at length,
Defendants breached their egreements and directly and proximately caused Plaintiffs
damages herein,
2
Plblendy/d,adVlaleUO,18PIY/FebnlalV 6, 1997
23. o.nlo<l. Thl. "ermenl "" lorth . ",ndu.lon ..low to whI"" no re.pon"
I. required. In o<IdllIon, .1. denl.d thel O.I.ndenl. W.re wlOn,lY Indu",d In eny menner
wh."OO,er 10 .I,n th. .""men". By w,y ollurther en'"'' 1m lhe ,...... "llorth
In PI.lnllff. Comp"lnl, .11 01 whl,h er.ln,mpmal.d h.reln " ,'ullY "llorth .11.ngth,
o.lenden" bl",h.d th.ll "l"men" .nd dlre,lIy and plO,lmal.ly ",,,d PI.lnIlW.
damages hereIn.
24. oen"d. ThloB"nnenl"l. lorth a ",ndueloooll'w 10 whloh nor"pon"
I. required. In .ddlllon, III. denl.d th.1 o.lendenl. w.re wlOn,ly Indu"d In eny menner
whal.OO,er to .I,n the a,re.menl' m th.1 th.re ha' been a lallure 01 ",..~er.I\on
th.relm. By w.y 01 lurther ...wer, 1m Ih' re'"'' "llorth In PI.ln"" Com~alnl, .11
01 wh"" are lneorpom"" h".ln " Illully "I lorth .llen,th, Qalenden" blaa,h.d th.ll
"l..men" .nd dlm'Uy end plO,lmal.1Y ",u"d PI.lnUW' d.m"" her.ln.
26. oenlo<l. III. .p"m",lIy denlo<l th.l, on m .boul F.bN'ry 16, ,"B,
PI.lnllff WOO o<I,I"d, m.lly m In wIlling, by RI""'" Coope' thel II would b. Impo"lbl.
1m th. d..1 to b' ",nBUmmated by th. Aprtl 12, ,.'6 "".In, d.l. required In th.
",nlrect. By w,y ollurther .n.wer, 1m th. rea"" "llorth In PI.lnIlW. Com~.lnl, all
01 whl"" .re In",",ore"" h.reln " Il lully "llorth .llen,th, o.lendanl. bl..,h.d th.ll
"la.men" and dlre,lIy end plO,lm.I.1Y ,"u"d PI.lnIlW' d.ma," h.reln.
2B. oen"d. III' .pedlle.llY denl.d th.l, on m .boul F.bN'ry 18, ,"B,
PI.lnll<< WOO .d,l"d, mallY m In wrtllng, by RI'h'" coope' th.I' would ..lmpo"lbl.
1m th. d..1 10 .. oonBUmm.l.d by th. Aprtl 12, "" "ooln, date requl'o<I In th.
",nlre'\. By w.y ollurth" en.wer, 1m th. rea"" "llorth In PI.lnll'" compl.lnl, .11
01 whloh .re In",lporel.d her.ln " Illully "llorth .llen,th, o.lendenl. b'''''''o<I th.ll
.,re.menl. end dlredly .nd pl"lmal.ly "u"d PI.lnIlW. dam"" her.ln. In addlllon,
3
pjblandylfl,advlalolloraply/Fabruary 5, t997
the purported writing, If any, referenced by Defendants would speak for Itself and
Defendants' characterizations thereof are therefore denied,
27. Denied, It Is speclncally denied that Defendants attempted to continue
to negotiate with Plaintiff to extend deadlines to accommodate schedules of Lowe's,
Walmart, and/or Plaintiff, To the contrary, for the reasons set forth In Plaintiffs
Complaint, all of which are Incorporated herein as If fully set forth at length, Defendants
breached their agreements and directly and proximately caused Plaintiffs damages
herein,
26. Denied, Ills speclncally denied that Plaintiff attempted to continue to
negotiate with Defendants, To the contrery, for the reasons set forth In Plaintiffs
Complaint, all of which are Incorporated herein as If fully set forth at length, Defendants
breached their agreements and directly and proximately caused Plaintiffs damages
herein,
WHEREFORE, Plaintiff demands Judgment In an amount In excess of tha limits
for mandatory arbitration, plus Interest, costs, attorneys fees, and such other relief as
this Honorable Court deems appropriate,
~
30. Paragraphs 1 through 17 of Plaintiffs Complaint and paragraphl 18 through
26 of Plaintiffs above Reply to Defendants' New Matter ara IncorpDratad herein allf fully
set forth at length,
31, Denied, This avermont sots forth a conclusion of law to which no r8lpOnle
Is required, In addition tho agreement speak. for Iteelf, and Defend.nt,'
characterizations thereof are, therefore, denied.
4
Plblandrl~,adv/al.lIo.raplrlF.bllJalY 5, 1991
WHEREFORE, Plaintiff demands Judgment In an amount In excess of the limits
for mandatory arbitration, plus Interest, costs, attorneys fees, and such other relief as this
Honorable Court deems appropriate,
Respectfully submitted,
HEPFORD, SWARTZ & MORGAN
Dated:
HI. f(! 19; 7
By: /~~ )1'1
-Lee C, Swa
Attorney 1.0, #07258
Andrew K. Stutzman
Attorney 1.0. #72922
111 North Front Street
P.O. BDX 889
Harrisburg, PA 17108-0889
(717) 234-4121
Attorney for Plaintiffs
6
.'
ppt/.d~/comp:dl.l/octob.r 1, lPP6
VERIFICATION
I, DAVID AIELLO, do hereby certify that I am authorized
to execute documents in the foregoing action and that the
statements made in the foregoing document are true and correct to
the best of my knowledge, information and belief. I understand
that any false statements made to this verification are subject to
the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn
falsification to authorities.
~'" J (//' 1-1J[
/. c ......t- I / C:_ol,(-j
Dav Aiello
Datedl
/0/ ~ /.1(,
f {
.
... ,
DAVID AIELLO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
DIAL COMPANIES a/k/a
DIAL PROPERTIES, CO.,
DIAL DEVELOPMENT
PARTNERS, L.L.c., and
LAKB MANAWA-CARLISLE,
L.P.,
Defendants
NO. 96-5726 CIVIL TERM
AND NOW, this
20 ftday of May, 1997, upon consideration of
Plaintiff's Second Motion To Compel Discovery from Defendants, a
Rule is hereby ISSUED upon the Defendants to show cause why the
relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
,
,
Lee C. Swartz, Bsq.
Andrew K. stutzman, Esquire
1ll North Front Street
P.O. Box 8S9
Harrisburg, PA l7108-0BB9
Attorneys for Plaintiff
~~~.......... ("'r\~l<l b-/Cl/I 1j'7,
-IJ .J.a~,
George B. Faller, Esq.
10 Bast High Street
Carlisle, PA 17013
Attorney for Dafendants
Irc
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pptJI'"llo/llcmollM"y 0, 1997
DAVID AIELLO,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 96 - 5726
DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L,L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Defendants CIVIL ACTION - LAW
ORDER
AND NOW, this
day of
, 1997, upon
consideration of Plaintiff's Second Motion to Compel Discovery from
Defendants, it is HEREBY ORDERED that Defendants shall fully and
completely answer Plaintiff's Interrogatories within 10 days from
entry of this Order.
Failure to comply with this Order shall
result in sanctions as provided by Pa,R.C.p. No. 4019,
BY THII: COURT
J.
... , .
ppUllollol..cmalJMay 0, 1997
..
.f, ~ ,
DAVID AIELLO,
Plaintiff
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 96 - 5726
DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L.L.C" and LAKE
MANAWA-CARLISLE, L.P.,
Defendants CIVIL ACTION - LAW
RULE
AND NOW, this
day of May, 1997, a Rule is issued
upon Defendants to fully and completely answer Plaintiff's
Interrogatories or show cause why such answers are being withheld.
Rule returnable 20 days after service hereof.
BY THE COURT
J.
.
ppVallllo/llcmollMay 8,' 991
.
,f
,. ,
DAVID AIELLO,
Plaintiff
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY I PENNSYLVANIA
vs,
NO. 96 - 5726
DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Defendants CIVIL ACTION - LAW
PLAINTIPF'S SECOND MOTION
TO COMPEL DISCOVERY PROM DEPENDANTS
1. The above-captioned action initiated by Complaint on
October 17, 1996 arises out of a purchase agreement for certain
real estate in Cumberland County, Pennsylvania entered into by
Defendants herein.
2, On February 25, 1997, after Defendants had failed and/or
refused to respond to Plaintiff's Request for Production of
Documents, Plaintiff filed his first Motion to Compel Discovery
from Defendants herein, and said Defendants thereafter responded
thereto.
3, On March 28, 1997, Plaintiff served Defendants with
Interrogatories, a true and correct copy which is attached hereto
and incorporated herein as Exhibit "A".
4, On May 5, 1997 after Defendants had failed and/or refused
to respond to Plaintiff's aforementioned Interrogatories, Plaintiff
wrote to Defendants requesting prompt responses thereto and further
warned Defendants that he would shortly move to compel same.
.
ppVlllllo/llemollMlV 8, 1997
~
"
,.
5. To date, however, Defendants have failed and/or refused
to respond to Plaintiff's aforementioned Interrogatories,
6, The discovery sought seeks information which is clearly
relevent to the issues herein or appears reasonably calculated to
lead to the discovery of admissible evidence.
WHEREFORE, plaintiff requests that this Honorable Court order
that Defendants respond to Plaintiff's outstanding discovery and
further grant Plaintiffs such other relief as this Honorable Court
deems appropriate,
Respectfully submitted,
HBPFORD, SWARTZ & MORGAN
BYI /
Lee C. Swartz,
1.0, No, 07258
Andrew K. Stutz man, E quire
Attorney I,D. #72922
111 North Front Street
p, O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
Datedl May~, lPP7
- 2 -
,
ppVllll1o/llcmotIMlY 8, tSS7
(
~
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CBRTIFICATE OF SERVICE
'}
I, PAULINA PATTI THOMAS, on May., 1997, for the firm of
HEPFORD, SWARTZ & MORGAN do hereby state that I have served a
copy of the within document Pursuant to Rule 1037 by depositing
the same in the U. S. Mail, postage pre-paid, to the following
address:
George B. Faller, Jr" Esquire
Ten East High Street
Carlisle, PA 17013
Attorney for Defendants
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pptlllllloftnllMllch 28, 1997
FilE COpy
DAVID AIELLO,
I IN THB COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO, 96 - 5726
DIAL COMPANIBS a/k/a DIAL
PROPBRTIBS, CO., DIAL DEVBLOPMENT
PARTNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Dsfendants CIVIL ACTION - LAW
PLAINTIFF'S INTERROGATORIBS
DIRBCTED TO DEFENDANTS
PLEASE TAKE NOTICE that you are hereby required, pursuant to
the Pennsylvania Rules of Civil Procedure, to serve upon the
undersigned your Answers and Objections, if any, in writing and
under oath to the following Interrogatories within thirty (30) days
after service of the Interrogatories.
The Answers shall be
ihserted in the space provided. If there is insufficient space to
answer an Interrogatory, the remainder of the Answer shall follow
on a supplemental sheet.
These shall be deemed to be continuing Interrogatories. If,
between the time of your Answers and the time of trial of this case
you, or anyone acting in your behalf, learn of any further
information not contained in your Answers, you shall promptly
furnish said information to the undersigned by supplemsntal
Answers. These Interrogatories are addressed to you as a party to
this action and your Answers shall be based upon all information
known to you, your attorney and any other agents, representatives,
or other persons acting on your behalf.
~ .. ,. ,
J
I
. ,
ppttllllloMlIMln:h 28, 1991
DEFINITIONS
The following definitions shall apply to these
Interrogatories and all other discovery material in this casel
1. "plaintiff" or "Plaintiffs" refers to all named
PlaintiffS herein, their employeeS, agents, attorneys, and all
other natural persons or business or legal entities acting or
purporting to act for or on behalf of Plaintiffs.
2. "Defendant" shall mean the answering Defendant, its
predecessors or successors in interest, employees, agents,
attorneys, and all other natural persons or business or legal
entities acting or purporting to act for or on behalf of said
Defendant.
3. "Document" shall mean all written or printed matter of
any kind, whether or not prepared by you or by or on your behalf,
and including without limitation letters, correspondence,
memoranda, notes, plans, blueprints, sketches, drawings, tables,
speeches, press releases, diaries, calendars, agenda, statistics,
letters, telegramS, minutes, contracts, purchase orders, reports,
studies, checks, statements, receipts, returns, summaries,
pamphlets, books, interoffice and intraoffice communications,
offers, bulletins, printed matter, computer printouts, teletypes,
telefax, invoices, work sheets, work papers, records of telephone
calls or other communications or conversations, and all drafts,
alterations, modifications, changen or amendnlentll of any of the
- 2 -
t
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~,
.I
. ,
ppllllellollnllM.,ch 28, 1997
foregoing, graphic or aural records or representations of any kind,
including but not limited to, photographs, charts, graphs,
microfiche, microfilm, video tapes, recordings, and motion
pictures, and electric or mechanical records or representations of
any kind, including but not limited to, tapes, cassettes, discs,
and recordings.
4. "Conununication" shall mean any oral or written statement
conveyed by one person or entity to another person or entity, any
statement made by one person in the presence of one or more
persons, and any document delivered by or for one person or entity
to any other person or entity,
5. "Or" and "and" means "and/or".
6. "Identify" (or "identity"), when used in connection with
\
the words "document", "communication", "act or transaction,"
"person or individual", "entity", shall be read to call for the
following information I
(a) When used in connection with a document, (1) the
title of the document, (2) its date, (3) the nature and
substance of the document with sufficient particularity so as
to enable such document to be precisely identified, (4) the
identity of the person authorizing or executing the document,
(5) the identity of the person to whom the document is
addressed and, if known, of each person to whom the document
was distributed, (6) any file number used on or in connection
with the document, (7) the present physical location of the
. 3 -
<
4'
ppl/llellonnllMarch 28, tD97
original document or legible copy thereof j and (B) the full
name, present or last known residence and business address and
telephone numbers of the person having possession, custody,
or control of each original document or legible copy thereof.
(b) When used in connection with a communication, if the
communication was in writing, the information in II (a) II above:
(1) the date it was made, (2) the place it was made, (3) the
identity of each and every person who participated in such
conversation, or made such oral communication, (4) a
description of what each such person said during the
conversation or oral communication, (5) the identity of each
and every person who overheard or was present at said
conversation or oral communication, (6) the manner of such
conversation or oral communication [e.g., whether by
telephone, face-to-face] j and (7) the identity of each
document relating or referring to such conversation or oral
communication.
(c) When used in connection with person or individuall
(1) his or her full name, (2) his or her present or last known
residence and business addresses, (3) his or her present or
last known residence and business telephone numbers, (4) his
or her present or last known employer, (5) his or her present
or last known job title and the job title at the time of the
acts subject to Plaintiff's Complaint, (6) his or her
affiliation at any time with plaintiff, by employment or
- 4 -
J
46,
ppVlle1l0nnllMalch 28, t 997
otherwise, if any, including the nature and dates of such
affiliation.
(d) When used in connection with a business entity, its
name, type of entity (e.g., corporation, partnership, etc.),
principal address and place of organization,
7. "Incident" or "accident" means the occurrence or event
that forms the basis of the causes of action or claims for relief
set forth in the complaint, and more fully described therein.
8. "You", depending on the context, refers to the answering
Defendant, or the agent or servant of said Defendant whose action,
knowledge, and information are referred to in the Interrogatory.
9. "Person" means any individual, firm, partnership,
corporation, association, business or governmental entity or
'\
subdivision, agency, department, and any "person" acting by or
through, directly or indirectly, any other "person" as well as any
"person" by whom such "person" was controlled with respect to the
matter in question.
- 5 -
,
~,
ppVllellonnllMarch 28, 1997
II. INSTRUCTIONS
1. In construing these interrogatories, words used in the
singular shall include the plural, and words used in the plural
shall include the singular number as well, Male, female and neuter
terms shall refer to all persons, regardless of gender.
2. Each interrogatory answer is to be set forth separately.
When interrogatories contain separately numbered or lettered
paragraphs, each paragraph should be answered separately.
3. If the responding party encounterll any ambiguity in
construing an interrogatory, the party shall set forth the matter
deemed "ambiguous" and set forth the construction used in its
answer.
4. If any information is requested by an interrogatory on a
calendar basis, and the defendant's or other entity's company
fiscal year differs from a calendar year basis, it will be
acceptable to so state, identify the fiscal years (with starting
date) involved, and supply the information requested on a company
fiscal year basis if the information is more readil}' available in
that form.
5. These interrogatories shall be deemed continuing so as to
require additional answers if further information is obtained from
the time the answers are served to the time of trial.
- 6 -
JI,
.
. ,
pptlllelloAntIMarch 2B, 1997
6. If an interrogatory calls for the identity of a document
or non-written communication claimed by defendant to be privileged,
include in the identification of the document or non-written
conununication such claim of privilege and the factual predicate and
legal basis for the assertion of such claim.
7. Should it be more convenient to produce copies of relevant
documents instead of "identifying" them, as per Definition G (a) -
(d), when that is requested, the answering party may produce true
and correct copies of any such documents, including drafts and
other variations therefrom, if that party identifies to which
interrogatories each document is responsive. However, if any of
the information about such document requested in Definition 6 (a)
through (d) is not apparent from its face, the answering party
shall supply this information in addition to tha supplied document.
\
In addition, if the answsrlng party attempts to produce
documents in lieu of a written answer, such answering party shall
still be required to identify the documents in question by
describing the type of document (e. g., "invoice" , "contract",
"accounts receivable ledger", etc.) and the nature of its contents.
Upon such identification and production, plaintiff will waive the
remaining requirements of Definition 6 (a) through (d), subject to
the above state raservation.
8, To the extent that the interrogatodea are repetitive and
fully answered elsewhere, they need not be answered twice, if a
cross-reference to the appropriate answer, or subpart of an answer,
- 7 .
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pptllilllonntIM.n:h 28, '997
if applicable, is given. Additionally, if the defendant
incorporates an answer previously given, the defendant shall
specifically indicate that part of its previous answer which is
responsive to the specific interrogatory and its subparts herein.
9. With regard to your answers to Interrogatories, in
answering the same, statel
a. The name, address and affiliation with the defendant
of each of the persons who were consulted in answering the
question.
b. Identify each and every document relied upon in
answering the question,
c. Identify each and every document examined the
answering the question.
d. Provide the name and address of every perDon whom you
believe may have additional information to the question.
e. Identify each and every document you believe may have
additional information relevant to the questiont and
f. Provide the name and address of the person or persons
of whom you are aware who are prepared to Dwear to the
accuracy and completeness of the answer given to the question.
10, Provide the name and address of any person or persons of
whom you are awal'e who diDagree with any part of the answer given
to the question or to its complsteness or to the choice of words
or phrues uaad,
. B .
. .
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ppI/.lellollntiMlrdl 28, t 9117
11. Bach interrogatory shall be answered fully and completely
unless objected to, in which event the reasons for the objection
shall be stated in lieu of an answer. The statement of an
objection shall not excuse the answering party from answering all
remaining interrogatories to which no objection is stated.
. 9 -
""
, .
ppV.llllo~n\IM.rch 28,' IlGl
INTERROGATORIBS
1. Insurance. If you are covered by any type of insurance,
including any excess or umbrella insurance, that might be
applicable to the incident in this matter, state the following with
respect to each such policy:
(a) The name of the insurance carrier which issued the
policy I
(b) The named insured under each policy and the policy number
of each policy I
(c) The type(s) and effective date(s) of each policYI
(d) The Bmount of coverage provided for injury to each
person, for each occurrence, and in the aggregate for
each policYI and
(e) Each exclusion, if any, in thE! policy which is applicable
to any claim thereunder and any reasons, if any, why you
or the carrier claim the exclusion is applicable.
ANSWER I
. 10 .
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ppVllellollntIMarch 28, t 997
2. Factual basis for claims and defenses. State with
particularity the factual basis for each claim or defense you are
asserting in this case.
ANSWER I
- 11 -
I I . .
oJ
pplIallllollnlho1ardt 28, t D87
J. Witnesses.
(a) Identify each person who
(1) Was a witness to any of the facts set forth in the
pleadings in this case through sight or hearing
and/or/
(2) Has knowledge of facts concerning the happening of
any of the facts set forth in the pleadings in this
case or conditions or circumstances at the scene of
the incident prior to, at the time of, or after the
incident.
(b) With respect to each person so identified, state that
person's exact location and activity at the time of any
of the facts set forth in the pleadings in this case.
ANSWER I
"\
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..
Pfll/lllllo.1nllMlrch 26, t 897
4. Statements. If you know of anyone that has given any
statement (as defined by the Rules of Civil Procedure) concerning
this action or its subject matter, state:
(a) The identity of such person;
(b) When, where, by whom, and to whom each statement was
made, and whether it was reduced to writing or otherwise
recorded; and
(c) The identity of any person who has custody of any such
statement that was reduced to writing or otherwise
recorded.
ANSWER I
"\
. 13 .
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ppl/lllllonntIMarch 28, t 1197
5. Demonstrative evidence. If you know of the existence of
any photographs, motion pictures, video recordings, maps, diagrams,
or models relevant to the incident, state:
(a) The nature or type of such item;
(b) The date when such item was made;
(c) The identity of the person that prepared or made each
item; and
(d) The subject that each item represents or portrays.
ANSWER I
'\
- 14 -
pptlllellOl1nl/Mlrch 26, 1991
someone not an
conducted any
6. Trial preparation material. If you, or
expert subject to Pa. R,c.P. No. 4003.5,
investigations of the incident, identify:
(a) Each person, and the employer of each person, who
conducted any investigation(s)/ and
(b) All notes, reports or other documents prepared during or
as a result of the investigation(s) and the persons who
have custody thereof.
ANSWER I
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ppVllellollnUMllch 28, 1997
7. Trial witnesses. Identify each person you intend to call
as a non-expert witness at the trial of this case, and for each
person identified state your relationship with the witness and the
substance of the facts to which the witness is expected to testify.
ANSWER I
'\
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ppllalellonntn.1lrch 28,' 991
8, Bxpert Witnesses. Identify each expert you intend to call
as a witness at the trial of this matter, and for each expert
state:
(a) The subject matter about which the expert is expected to
testify; and
(b) The substance of the facts and opinions to which the
expert is expected to testify and a summary of the
grounds for each opinion. (You may file as your answer
to this interrogatory the report of the expert or have
the interrogatory answered by your expert.)
ANSWER I
\
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t-r_
ppIIllelklllnllMalch 28, t 991
9. Expert witnesses. State the qualifications of each
expert listed herein, including schools attended, past and present
professional employment, experience within his or her field of
expertise, list of publications, etc., and list each such expert's
professional licenses and registrations, including the issuing
jurisdiction and the dates thereof, state whether any such licenses
or registrations were ever suspended, revoked, terminated or
restricted in any way and the basis therefor and relevant dates
thereof, and identify all legal proceedings in which such expert
testified within the past five years on behalf of answering
defendant and the amount of fees generated therefrom.
ANSWER,
- 18 -
pptllllllol1nllMarch 28, 1997
10. Expert witnesses. Identify all factual information,
including all documents, reports, test data, records and/or
tangible things forming the basis of each expert opinion identified
herein, identify all individuals whom each expert listed herein has
interviewed or consulted to prepare each opinion listed herein,
identify all documents, including test results or reports, prepared
to support each opinion listed herein and identify all exhibits
prepared therefor.
ANSWER I
\
. 19 .
, . , .
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ppVllellollnlMarch 28,' 897
11. Trial exhibits. Identify all exhibits that you intend
to use at the trial of this matter and state whether they will be
used during the liability or damages portions of the trial.
ANSWER I
'\
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, . . .
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pplJllllloIInllMarch 28, t 1197
12. Books, magazines, etc. If you intend to use any book,
magazine, or other such writing at trial, state:
la) The name of the writing;
lb) The author of the writing;
Ie) The publisher of the writing;
ld) The date of publication of the writing; and
Ie) The identity of the custodian of the writing.
ANSWER I
"
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f . I I
. . . .
ppII.lldollntIM.lch 28, I Ull1
13. Admissions, If you intend to use any admiasion(s) of a
party at trial, identify each such admiBsion(s) .
ANSWER I
. 22 .
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ppIIlltllo.1nllMarch 28, IlllI7
15. Set forth all payments made by Defendant to Plaintiff
pursuant to the Purchase Agreement referenced in Plaintiff's
Complaint, set forth the dates and amounts thereof and all reasons
therefor, identify all individuals with personal knowledge thereof,
and identify or produce all documents relating thereto.
ANSWER I
. 24 -
. . . .
. ,
pplllilllollnlno4ardl 2B, 1997
16. Set forth the date of formation of Defendant Lake Manawa-
Carlisle, L.P. and set forth the form thereof, describe the purpose
therefor, identify all officers therein and the dates thereof, and
specifically set forth the relationship of said Defendant with each
other Defendant herein.
f\NSWBR I
'\
- 25 -
.'
, . '. .
. . ..
ppIIlltUo.lnllMarch 20, I D117
19. Set forth the, date of fOImation of Defendant Dial
Development Partners I L. L. C. and set forth the form thereof,
describe the purpose therefor, identify all officers therein and
the dates thereof, and specifically set forth the relationship of
said Defendant with each other Defendant herein.
lINSWER I
- 28 -
" ,
. . ..
pp41lltnor.ntn>4arch 28, 1897
20. Set forth each statement, invoice, or bill from Plaintiff
which was received by you, set forth the date thereof, set forth
your response thereto and all reasons therefor, identify all
individuals with personal knowledge thereof, and identify or
produce all documents relating thereto.
ANSWER I
"
. 29 .
. ,
ppVllllloAnllMlrch 28,' 007
21. Specifically set forth all reasons for any contention
that the Purchase Agreement had been terminated, identify all
indi viduals with personal knowledge thereof I and identify all
documents relating thereto.
ANSWER I
- 30 .
.'
" ,
. f. .t,
ppUllollollnllMlrch 26, 1997
22. Set forth the date you contend you notified Plaintiff
that the Purchase Agreement referenced in Plaintiff's Complaint had
been teI1l\inated, set forth all reasons therefor, identify all
individuals with personal knowledge thereof, and identify or
produce all documents related thereto.
ANSWER I
'\
- 31 -
"
, " I
. . '
ppttallllollnlh>4arch 28, t 997
23. Set forth all reasons that Final Land Development Plans
were not filed by Advantage Bngineering Service, Inc., set forth
all payments you made to Advantage Bngineering Service, Inc., set
forth all reasons therefor, identify all individuals with personal
knowledge thereof, and identify or produce all documents relating
thereto.
ANSWER I
i
- 32 -
.'
I .. " ,
. ., I
, .'
.
.. .
ppVllellollnllMarch 28, t 997
24. State whether you contend that Defendants have fulfilled
all obligations under their contract with Advantage Bngineering
Services, Inc. for engineering services, specifically set forth all
reasons therefor, identify all individuals with personal knowledge
thereof, and identify or produce all documents relating thereto.
ANSWER I
"
- 33 .
'.
'.11~,--
"
. "
'. ,
. . I I
, ,.
.
" .
pplJlillIoIInl/March 28, 1991
25. With respect to your contention in paragraph 18 of your
New Matter that it became impossible for either party to perform
the contract as contemplated, specifically seL forth all reasons
therefor, identify all individuals with personal knowledge thereof,
and identify or produce all documents relating thereto.
ANSWER I
- 34 -
"
, r, of I
. .. .
. II I"~
ppVllllloAnllMarch 28, 1991
26. With respect to your contention in paragraph 19 of your
New Matter that all actions on the part of any of the Defendants
were done with complete and total legal justification, specifically
set forth all reasons therefor, identify all individuals with
personal knowledge thereof, and identify or produce all documents
relating thereto.
ANSWER I
. 35 .
"
t '. '. ,
., ,
. l' .. ,
ppIIllellollnllM.rch 28, t D\l7
27. With respect to your contention in paragraph 20 of your
New Matter that, due to various alleged representations you were
induced to sign the contract, specifically set forth all reasons
therefor, set forth the date and place of each uaid representation,
state whether it was oral or written, state why you contend each
said representation was not accurate, identify all individuals with
personal knowledge thereof, and identify or produce all documents
relating thereto.
ANSWER I
"
- 36 .
"
. I. . .
.. .
, . .
, ,
pplIllllloIInUMarch 2B, t 997
28. With respect to your contention in paragraph 23 of your
New Matter that Plaintiff's claims are barred by the doctrine of
estoppel, specifically set forth all reasons therefor, identify all
individuals with personal knowledge thereof, and identify or
produce all documents relating thereto.
ANSWER I
"
- 37 -
"
. t', . .
.. .
. ~ I of
ppVllllloIIntlMarth 2B, t 997
29. With reBpect to your contention in paragraph 24 of your
New Matter that Plaintiff's claimB are barred by a failure of
consideration, specifically set forth all reasonB therefor,
identify all individuals with personal knowledge thereof, and
identify or produce all documents relating thereto.
ReBpeotfully submitted,
:roao.:z; ;::i"
Andrew K. stutzman
Attorney 1.0. #7292
111 North Front Street
P. O. Box 809
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS POR PLAINTIPP
Dated 1 Maroh l g I 1997
- 38 .
pptllllUaAnllMa,ch 28, 1997
CERTIPICATE OF SERVICE
I, PAULINA PATTI THOMAS, on March ~, 1997, for the
firm of HEPFORD, SWARTZ & MORGAN do hereby state that I have
served a copy of the within document Pursuant to Rule 1037 by
depositing the same in the U. S, Mail, postage pre-paid, to the
following address:
George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, PA 17013
Attorney Defendants
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)ll>t/aleUQ/mQl1f-u2/JUne JO, 1991
Plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I
I NO, 1996 . 05726
I
I
DAVID AIELLO,
vs.
DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L.L.C" and LAKE
MANAWA-CARLISLE, L.P"
Defendants
CIVIL ACTION - LAW
PLAINTIFF'S MOTION TO MAKE
RULE ABSOLUTE ON ITS SECOND MOTION
TO COMPEL DISCOVERY FROM DEFENDAN1'S
1. On May 12, 1997, Plaintiff filed a Second Motion to
compel Discovery from Defendants, and this Honorable Court filed
a Rule thereon returnable 20 days from service of May 21, 1997.
2, To date, Defendants have not filed any answer to the
aforementioned Rule and have not shown cause why the relief
requested in Plaintiff's aforementioned Motion should not be
granted.
WHEREFORg, Plaintiff respectfully requests that this Honorable
Court order that Dehndants fully and completely answer Plaintiff '8
ppt/atello/tllot1!'h2/JUIlf!! ]0, 1997
Interrogatories, and grant Plaintiff such other relief as this
Honorable Court deems appropriate,
Respectfully submitted,
:::FORD'~ ";fORGAN
Lee C. Swartz
Attorney 1.0. 07258
Andrew K, Stut~man
Attorney I,D, U72922
111 North Front Street
p, O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
A'M'ORNBYS FOR PLAINTIFP
Datsdl June ..10 , 1997
- 2 .
ppt/.l.llD/mDtl~/Junp 27, 1"7
-
CBRTIFlCATB OF SBRVICB
I, PAULINA PATTI THOMAS, on June ~, 1997, for the
firm of HEPFORD, SWARTZ & MORGAN do hereby state that I have
served a copy of the within document Pursuant to Rule 1037 by
depositing the same in the U.S. Mail, postage pre-paid, to the
following address I
George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, PA 17013
Attorney Defendants
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BY THE COURT
J.
.
ppV.llllolmol3lSlplember 18, 1997
DAVID AIELLO,
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY I PENNSYLVANIA
Plaintiff
vs.
NO. 96 - 5726
DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L.L.C., and LAKE
MANAWA-CARLISLE, L.P.,
Defendants
CIVIL ACTION - LAW
RULE
AND NOW I this 1.'1...l. day of september, 1997, a Rule is
hereby issued upon Defendants to show cause why the relief
requested in Plaintiff's Motion for Discovery Deadline and Leave
to List for Trial should not be granted.
RULE returnable 14 days after Ilervice hereof.
'IiNV^""; :'
AlNflOO Olivo,
9)IZ"J CZIi
"r,
herein shall be completed by
and
.
ppV.I.llolmol3l6.ptlmbar 18. 1997
DAVID AIELLO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff
vs.
NO. 96 - 5726
DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L.L.C., and LAKE
MANAWA-CARLISLB, L.P.,
Defendants
CIVIL ACTION - LAW
ORDER
AND NOW, this
day of september, 1997, upon
consideration of plaintiff's Motion for a Discovery Deadline and
Leave to List for Trial, it is HEREBY ORDERED that all discovery
Plaintiff may list this matter for trial on or after said date.
BY THE COURT
J.
ppVllllIolmol3lSIptlmber IS. 1997
DAVID AIELLO,
Plaintiff
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DIAL COMPANIES a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L.L.C., and LAKE
MANANA-CARLISLE, L.P.,
NO. 96 - 5726
Defendants
I CIVIL ACTION - LAW
PLAINTIFF'S MOTION
FOR A DISCOVERY DEADLINE
AND LEAVE TO LIST FOR TRIAL
1. The above-captioned action arises out of a purchase
agreement for certain real estate in Cumberland County,
Pennsylvania entered into by Defendants herein and was initiated
by Complaint on October 17, 1996.
2. On December 20, 1996, Plaintiff served upon Defendants
Plaintiff's Request for Production of Documents in the above-
captioned matter.
3. On December 30, 1996, after Defendants failed to answer
Plaintiff's Complaint, Plaintiff issued a default notice thereon,
and Defendants then answered same on January 10, 1997.
ppVIIIUo/mol3lSIplember 10, 1997
4. On February 25, 1997, after Defendants had failed and/or
refused to respond to Plaintiff's aforementioned Request for
Production of Documents, Plaintiff moved to compel responses
thereto and this Honorable Court thereupon issued a Rule thereon.
5. Defendants then produced the requested documents herein.
6. On Marc~ 28, 1997, Plaintiff served Interrogatories upon
Defendants.
7. On May 5, 1997, after Defendants failed and/or refused
to respond to Plaintiff's aforementioned Interrogatories, Plaintiff
again moved to compel responses thereto, and this Honorable Court
thereupon issued a rule thereon.
8. On July 2, 1997, after Defendants still failed to answer
Plaintiff's Interrogatories or the Rule issued by this Honorable
Court, Plaintiff moved for a Rule absolute on its aforementioned
second motion to compel discovery, and this Honorable Court
thereupon ordered same.
9. Defendants then answered Plaintiff's aforementioned
Interrogatories.
10. Plaintiff hall requested that Defendants arrange
depositions of its representatives as well as of Plaintiff herein.
Defendants, however, have refused to conduct any depositions
themselves until first propounding written discovery upon
Plaintiff.
- 2 -
. .
ppV.llllolmol3lSlplember Ie, 1997
11. To date, however, Plaintiff has not received any written
discovery from Defendants and, therefore, has been unable to
complete depositions herein.
12. Accordingly, Plaintiff has been unable to complete
discovery herein and is unable to certify same pursuant to Local
Rule 213-2 to list this matter for trial.
13. Plaintiff believes all discovery could be completed by
all parties and the matter could be ready for trial by February 1,
199B.
WHEREFORE, Plaintiff respectfully requests that this Honorable
Court set a discovery deadline herein and grant Plaintiff leave to
list this action for trial thereafter.
Respectfully submitted,
HEPFORD, SWARTZ & MORGAN
BYI
Lee C. Swartz, Esq re
Attorney I.D. #0725
Andrew K. Stutzman, Esquire
Attorney I.D. #72922
111 North Front Street
P. O. Box BB9
Harrisburg, PA 17108-0BB9
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
Dateda September
I~
, 1997
- 3 -
DAVID AIELLO, I
plaintiff I
I
v. I
.
.
DIAL COMPANIES a/k/a I
DIAL PROPERTIES, CO., .
.
DIAL DEVELOPMENT .
.
PARTNERS, L.L.C., and I
LAKE MANAWA-CARLISLE, .
.
L.P. , I
Defendante I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-5726 CIVIL TERM
ORDER OF COURT
AND NOW, this "3t J day of December, 1997, upon consideration
of the attached letter from George B. Faller, Jr., Esq., attorney
for Defendant, the discovery conference previously scheduled for
February 9, 199B, is RESCHEDULED to Thursday, February 19, 1998, at
9100 a.m., in chambers of the undersigned judge.
BY THE COURT,
Stephen Greecher, Esquire
111 North Front Street
P.O. Box BB9
Harrisburg, PA 17108-0889
Attorney for Plaintiff
George B. Faller, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendants
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A I'kOfUl10NA1. t:UkJ'OMTlON
A'1URNEYS ANIl COUNSF.lJ.ORS AT LAW
TEN EAST HIGII STllEI>T
CARLISLE, PENNsnVANIA 17013
TIWItONI
(717) 14",341
WIt.I.w.t F. MARnoN
DANllL K. (}I.ARIlOIUF
Tllo~wl. WU.lJAM1'
lvo V, Orro. 11\
SnrlllN L. BLOOM
GWIIGI B. FA\.I.lR.IR.'
MICIIAEL J. HANFT
W. DARRlN POWIU.
TIIOMAS G. COu.lNl
CARL C. R11CII
FAOIt.lIU
(717) 243.1850
December I. 1997
INTUNlT
mdwo8'mdwo.com
'BOAlD CunfltD CIVIL Taw. SrtclAUST
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
Hanover and High Streets
Carlisle. PA 17013
RE: David Aiello v. Dial Com ponies, alkla 0101 Properties. Co., Dial Development
Partners. L.L.C., and Loke Manawa-Corlisle
No. 96-5726 - Cumberland County C.C.P.
Our File No. 8626.1
Advantage Engineering Services. Inc, v. Lake Monawa-Carlisle, L.P., Richard N,
Cooper, Individually. and Richard N, Cooper tla Lake Manawa-Carllsle, L.P.. and Dial
Properties. Co.; No. 96-5731 - Cumberland County
Our File No. 8626.2
Dear Judge Oler:
I recently received your Order of November 20, 1997, setting a Discovery Conference In this
cose for February 9, 1998. at 3:30 p.m. I am currently scheduled for the depositions of several non-
party witnesses in a case in Montgomery County where a small child was dropped onto her head. In
addition, Andrew Stutzman has len Hepford, Swartz & Morgan and this case is now being handled
by Stephen Greecher on behalf of the Plaintiff This will confirm that I called your office on
November 24, 1997, to requestthatlhe Discovery Conference in this cose be rescheduled, By copy
of this letter. I om advising Mr. Greecher. In addition. if Your Honor is prepared to hear issues
regarding settlement. I believe by that time we may be in a position to olso use that conference as a
selllement conference.
. .
If .JI
'N'.O\l
~.
Very truly yours.
OBF/dln
cc: Stephen M, Greecher. Jr.. Esquire
I JII.I:IiU....'AOIl,tll,Nl.1ll.lJ1'1fI2&1Jl11
MARTSON.~~ORFF, WILLIAMS & OTTO
Ge~ I~;;J'
DEe 0 2 1997
I N I' () Il M ^ Tin N . A n v I r: E . A n v () r: A C Y '"
DAVID AIELLO,
Plaintiff
v.
DIAL COMPANIES a/kIn
DIAL PROPERTIES, CO.,
DIAL DEVELOPMEN'r
PARTNERS, L.L.C., and
LAKE MANAWA-CARLISLE,
L.P. ,
Defendante
AND NO\~, this
."2 to tLday
.
I
I
I
I
I
I
I
I
I
I
I
I
IN 'l'HE COUR'l' OF COMMON PLEAS OF
CUNBERLAND COUN'l'Y, PENNSYLVANIA
CIVIL AC'rION - LA\~
NO. 96-5726 CIVIL TERM
of Novembar, 1997, upon consideration
of Plaintiff's Notion for a Discovery Deadline and Leave to List
for Trial, and of Defendants' AnsWtlr to Plaintiff' e motion, a
discovery conference is SCHEDULED in chambere of the undersigned
judge for Monday, February 9, 1998, at 3130 p.m.
Andrew K. Stutzman, Esquire
111 North Front Street
P.O. Box 8B9
Harrisburg, PA 17108-0B89
Attorney for Plaintiff
George B. Faller, Esq.
10 East High Street
Carlisle, PA 17013
Attorney for Defendante
Irc
BY 'rill:: COUH'r,
Ii
[L-;1.,
J. ley Oler, J .,
,
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I',uwd; t'N/l'iNl1o,4h;nAM
j("",d; IlnW'1I~~121'M
..,.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANIA
DAVID AIELLO,
Plaintiff
v.
DIAL COMPANIES. u/k/a DIAL
PROPERTIES, CO., DIAL
DEVELOPMENT PARTNERS, L.L.C..
ami LAKE MANAWA-CARLlSLE,
Defendants
CIVIL ACI'ION - LAW
NO. %-5726 CIVIL TERM
JUIW TRIAL DEMANDED
TO: UA VII) AmU.O, Individually und I/d/h/u ItOCKWOOU m;vm.(WMENT
COMI'ANY, 1'lolntltTs. und Ihelr ullumey, lllWII()RU. SWAln'Z & MORGAN
I. Admitted In purt, denied In purt. It is admitted that the above captioned action arises
out of a purchase agreement for real estate in Cumberland County, Pennsylvania. It is denied that
all of the named Defendants were parties to the agreement,
2. Admllled.
3. Admllled,
4. Admitted,
5, Admllled.
(J, Admllled.
7, Admitted.
K. Admllled.
I). Admllled,
III. Admllled.
~
II. Admitted In pan. denied in parI. Defendants lack knuwledge as tutrulh ur falsity uf
allegatiuns regarding Plalntitl's diSl'uvery nl'Cds. and therefore this allegatiun is denied to thaI extent.
II is udmitled that Delendants had not supplied Plaintiff with discovery requests as of the dale of
Plaintitl"s 1I10tion, By way of further answer. on Ol'toher 6, 11)1)7, Defendants issued Iheir First Set
of Interrogatories and First RcqucstllJr Produl'tion of DOl:umcnts tu Plaintiff.
12. Admittcd in pml, dcnicd In pUll. Ddendunts luck knowlcdge us to truth or falsity of
allegatiuns regarding Plaintitrs discovcry nccds. und Ihercfurc this ullcgutionis dcnled 10 that cxtent.
II is admitted that Plaintiff has notlistcd the m:lller Illr trial.
13. Dcnied. Defendants lack knuwledge as tu Iruth ur falsity of this allegation. and
thercfore this allegation is denied,
NEW MA'11'EH
14. This action arises out uf a dispute rcgarding u purchase agreement fur certain real
estate in CumlJcrland County, Pennsylvanlu. allegedly entered into hy Defendunts und was initiuted
by c01l1pluint un OctolJcr 17, 11)l)(),
15. On SeptemlJcr Ill, 11)l)7. Plalntitl'n1l1wd Ihls Court tu set a disl:overydeadllnc lnthe
ahove l:aptloned matter for Fcbruary 1. Il)l)ll and Illr ICllve to list the l:ase for triul.
16. On October 6, 11)1)7, Delendllnts issut'd their Firsl Set or Interroglltories IInd First
Rcqucstfilr Produl:tlun uf DOl:UnlCnts 10 Plaintiff.
17. On October 211, 11)1n. DelelUJants notificd 1'IIIIntlll" by letter thulthey did nul oppuse
II Februllry I, 11)1)1l discovery delldline In the IIhove .'lIplioned l'lIse,
d.
IK. AN of November Il Il)lJ7. however, I'laintllT has only supplied objections 10
Defendants' discovery requests. No substantive responses have been received.
II). Given this deluy in providing discovcry responses in light of I'laintitfs desire to
expedite discovery, Defellllanl cun no longer concur in a Fehruury I, IlJlJK discovery deudline.
211. Defellltanls propose that un April I, IlJlJK deadline is more reusonuble under the
drculltslUnces.
WHEREFORE, Defendants respectfully opposc u February I, liNK discovery deudline in the
ubove cuptioned malleI' und respectfully request that u discovcry deadline of April 1. II)l)K be
imposed.
/""
MARTSON, OpARDOR
l,1
By .
,
Gell '
1.1). lber: 4lJK 13
Ten Eustllil!h Street
Curlisle,l'A 17(1\~.~lIlJ~
(717) 24~.~~41
Allorneys fur Defellllunts
Oute: November Il. I W7
.3.
~IUfl'''''J('ATE OF SEl{VICE
I. Lori A. Sullivan, an authoril.ccI agent lilr Marlson. DeanlorlT, Willlam.~ & Otto. hereby
certify thaI a copy of the foregoing was served Ihis dale by depositing same inlhe I'osl Office al
Carlisle, I'A,lirsl c1l1ss mail. poslage prepaid, addressed as follows:
Andrew K. Stulzman, Esquire
Iilll'FORD. SWARTZ & MORGAN
III North Frolll Street
1'.0. Box HH\)
l1arrlsburg, I' A 17IOH.OHH\)
,
MARTSON, DEARDORFF, WILLIAMS & orro
8Y~i (j~
Lor A. Sullivan
Tell East High Street
Curllsle,l'A 17013
(717) 243.3341
Duled: November /1. 11)97
DAVID AIELLO,
Plaintiff
I
I
I
I
I
I
I
I
I
I
I
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
DIAL COMPANIES a/k/a
DIAL PROPERTIES, CO.,
DIAL DEVELOPMENT
PARTNERS, L.L.C., and
LAKE MANAWA-CARLISLE,
L.P. ,
Defendants
NO. 96-5726 CIVIL TERM
ORDF:R OF COURT
AND NOW, this l8th day of February, 1998, upon consideration
of Plaintiff's Motion for a Discovery Deadline and Leave To List
for Trial, and of Defendants' Answer to Plaintiff's motion, and
following a telephone conference in which Plaintiff was represented
by Stephen Greecher, Esq., and Defendants were represented by
George B. Faller, Esq., and pursuant to an agreement of counsel,
Plaintif f ' s motion is DEEMED MOOT and the discovery conference
scheduled for February 19, 1998, is CANCELLED.
BY THE COURT,
J.
Stephen Greeeher, Esquire
ill North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiff
George B. Faller, Esq.
lO East High street
Carlisle, PA 17013
Attorney for Defendants
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HBPPORP. SWARTZ & MORO,\N
III NORmJla?m~
P,O,IIl!1X~
ItAlUUSBURO. PIlNNSYLVAN!A 171Q8.Oll89
'l1lUll'HONB 717134-4121
....:. ..
DAVID AIELLO,
IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff
vs,
NO. 96 - 5726
DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L,L,C., and LAKE
MANAWA-CARLISLE, L,P"
Defendants CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SSI
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLEEN A, KOHR of the law firm of Hepford,
Swartz & Morgan, 111 North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
1998, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No, Z 424 2BB 859 addressed to Dial Mgt, Co., 11506
Nicholas street, Omaha, Nebraska 6B154, and the same was received
on May 19, 1998, as indicated by the return receipt cHrd attached
hereto,
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Sworn to and subscribed
before me this I#h day
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DIAL MGT. CO.
11506 NICllOLAS STIIEET
OMAIIA, NE 68154
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DAVID AIELLO,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
Plaintiff
vs,
NO, 96 - 5726
DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT I
PARTNERS, L,L,C" and LAKE
MANAWA-CARLISLE, L,P"
Defendants CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SSI
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLEEN A, KOHR of the law firm of Hepford,
Swartz & Morgan, 111 North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
1998, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No, Z 424 2BB B60 addressed to Dial Development Partners,
L,L,C" 11506 Nicholas Street, Omaha, Nebraska 68154, and the same
was received on May 19, 199B, as indicated by the return receipt
/1./ I '}
L 'I.- rt'v6.-
Cat1leen A, Ko r
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card attached hereto,
Sworn to and s~~qpribed
before me this~ day
Jun, 9 B ,
Notnlml Selll
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IOIAL DEVELOPMENT PARTNERS,
11506 NIClIOl.AS STREET
OMAIIA, NE 68154
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DAVID AIELLO,
: IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaint if f
vs,
NO, 96 - 5726
DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO" DIAL DEVELOPMENT
PARTNERS, L,L,C,. and LAKE
MANAWA-CARLISLE, L,P"
Defendants
CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) ss I
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLEEN A. KOHR of the law firm of Hepford,
Swartz & Morgan, III North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
199B, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No, Z 424 2BB B72 addressed to Dial Companies, 11506
Nicholas street, Omaha, Nebraska 6B154, and the same was received
on May 19, 199B, as indicated by the return receipt card attached
hereto,
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Sworn to and sUQ~Fribed
before me this~~ day
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DAVID AIELLO,
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs,
NO, 96 - 5726
DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO., DIAL DEVELOPMENT
PARTNERS, L,L,C" and LAKE
MANAWA-CARLISLE, L,P"
Defendants
CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SSI
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLEEN A, KOHR of the law firm of Hepford,
Swartz & Morgan, III North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
199B, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No, Z 424 2B8 871 addressed to Dial Properties Co" 11506
Niuholas Street, Omaha, Nebraska 6B154, and the same was received
on May 19, 199B, as indicated by the return receipt card attached
hereto.
(~t/{~~0 A
Cathleen A. Kohr
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Sworn to and su
before me this
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DAVID AIELLO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs,
I NO, 96 - 5726
DIAL COMPANIES, a/k/a DIAL
PROPERTIES, CO" DIAL DEVELOPMENT
PARTNERS, L,L.C., and LAKE
MANAWA-CARLISLE, L,P"
Defendants CIVIL ACTION - LAW
AFFIDAVIT
COMMONWEALTH OF r~NNSYLVANIA )
) SSI
COUNTY OF DAUPHIN )
Before me, the undersigned notary public, this day,
personally appeared CATHLEEN A, KOHR of the law firm of Hepford,
Swartz & Morgan, III North Front Street, Harrisburg, Pennsylvania
17101, satisfactorily proven to be the within affiant, and who
being duly sworn according to law, deposes and says that on May 15,
199B, she mailed the Writ of Summons in the above-captioned case
by Certified Mail Return Receipt Requested, Restricted Delivery,
Article No, Z 424 2BB 869 addressed to Lake Manawa-Carlisle, L,P"
11506 Nicholas Street, Omaha, Nebraska 68154, and the same was
received on May 19, 1998, as indicated by the return receipt card
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DAVID AIELLO, : IN THE COURT OF COMMON PLEAS:
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
v. (,; ,.,
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: NO. 96-5726 CIVIL TERM , , .
. ,
DIAL COMPANIES, -',1 I
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alk/a DIAL PROPERTIES CO., .' ,
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DIAL DEVELOPMENT PARTNERS, L.L.C. ' . '.'
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And LAKE MANAWA-CARLlSLE, L.P., . .
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Defendants : CIVIL ACTION - LAW ' . . ~ .,
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NOTICE OF SERVICE OF
PLAINTIFF'S SUPPLEMENTAL INTERROGATORIES
AND REQUEST FOR PRODUCTION OF DOCUMENTS
TO: PROTHONOTARY:
Counsel for Plaintiff has served Supplemental Interrogatories and Request for
Production of Documents on Defendants' counsel on December 1, 1999.
TUCKER ARENSBERG & SWARTZ
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By:
te . reecher, Jr., Esquire
I, . No. 36603
111 North Front Street
P,O. Box 869
Harrisburg, PA 17108-0889
(717) 234-4121
DATE: Oecetnber 1,1999
23142.'
ql'~W.t!'. (, ,;1flt('IN';j:"-)
Jacquelyn A, Zettlemoyer' l
CERTIFICATE OF SERVICE
AND NOW, this I ,)1 day of . (:, (( " I" !, 1999, I, JACQUELYN A.
ZElTLEMOYER, Secretary to STEPHEN M. GREECHER, JR" ESQUIRE, for the finn of
Tucker Arensberg & Swartz, attorneys for Plaintiff, hereby certify that I have this day
served the within Notice of Service of Plaintiffs Supplemental Interrogatories and
Request for Production of Documents, by depositing a true and correct copy of the same,
In the United States Mall, first class, postage prepaid, addressed to:
George B. Faller, Jr., Esquire
Martson, Deardorff, Williams & Otto
Ten East High Street
Carlisle, PA 17013
AlTORNEYS FOR DEFENDANTS
23643.1