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Home My WebLink About01-0714 FX '0" - ."''''",' "-""'~,",M.-<>,,. .-"-~,~_",,=,,,,,~,,,,,',,=,,,- ~"""'-"<"""k';~~~,-_ '-"0 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff CI-Ol- 7/'1 vs, CHICAGO TITLE INSURANCE COMPANY Defendants IlOO/'f1a'" shoed O:O;w""- $00 ~nSili.5.C,?-- IYI,S5OVr1 /,gJ.{fO'O PRAECIPE TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned matter against Chicago Title Insurance Company. Respectfully submitted, BLAKINGER, BYLER & THOMAS, p,C, By:AoA <tV1 '1J11~ Aaron S, Marines, Esquire Attorney lD. No, 85728 28 Penn Square Lancaster, PA 17603 (717) 299-1100 " I ! I I i ~ I I ~I .1 . c. It F1LFr.}-OFj-:rCE FIr: -I'! ,,'''' r'r~!',Y"i Ir," '~T.wy '..:. ;'-":,' ,',"..rl'-"._'i",\<<, r\r) OJ FEB -5 P?1 2: 31.} C'U'IJ!P'i"f'l' i.\::", I~'(\'I 'N'IV y,...,..-I~ .L, 'f,LI <-IV.; f PENNSYLVANIA 4O.5d pC( (r7t.rrlMs S. ciO S ff( - LI ')-. 5-0 f CI' If ffj C;d( 3w<t::5 !<. ++ (01- 'J.O I '. -~ ~ L . , _t.- u' . r" ~ , Commonwealth of Pennsylvania County of Cumberland GERALD EBERLY Plaitiff Court of Common Pleas VI. auCAGO TITLE INSURANCE o:::MPANY 1100 MAIN STREET SUITE 500 KANSAS CITY MISSOURI 64105 No. 01-714 Civil ------------------------------------- 19____ In ___~~~~~__~_______________________________ aUCAGO TITLE INSURANCE <XMPANY 110 _____________________________________________ You are hereby notified that -~~-~y--------------------------------------------------------------~----------------- the Plaintiff has commenced an action in ___CULLL_f.JlW.__________________________________________ against you which you are required to defend or a default judgment may be entered against you, (SEAL) Date Xgl~~~:!'__~~_~.9_~L____m__ ~____ ___~ti~__E._~Qg_____________________________ . Pmthooo~~ By -f~--afkp~tY -------~- -- ----- ~ No. _O_~=Z~~__~!Y~L!~_____ 19____ ... ] I ~ ------------------------------------ GERALD EBERLY VI. CHICAGO TITLE INSURANCE CXMPANY Summons in CIVIL ACTION - LAW ------------------------~----------- AARON S. MARINES, ESQUIRE 28 PENN SQUARE LANCASTER PA 17603 Attorney . " -, -. c- c: '~_ . ,,-'"';.'''. ... .",; _"",.;,,,'~ " . .- IN THE COURT OF COMMON PLEAS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA GERALD EBERLY, io, NO.: 01-714 Civil Plaintiff, In Civil Law v. CIDCAGO TITLE INSURANCE COMPANY, Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: - -~- -~"I!_.C Kindly enter our appearance in the above-referenced matter on behalf of the Defendant Chicago Title Insurance Company. By: lcha K. oran, Esquire LD, N .: 55876 Cynthia A. Clark, Esquire LD. No,: 71260 260 South Broad Street Philadelphia, PA 19102 Phone: (215) 569-3177 Telecopier: (215) 668-6060 Attorney for Defendant Date: March 19,2001 PHIL1- 390423-1 .'..,.."..- c..:, , ~. : '.' ""'''.~:.;. ,.__ ,~ ~ ."...--, " . CERTIFICATE OF SERVICE The undersigned, counsel for Defendant First USA Bank, N.A., hereby certifies that on March 19, 2001, true and correct copy of the Entry of Appearance on behalf of Defendant Chicago Title Insurance Company was served via first class mail upon the following: Aaron S. Marines, Esquire Blakinger, Byler & Thomas, P.C. 28 Penn Square Lancaster, PA 17603 (717) 509-7277 PIllLI- 379393-1 n ,'1~', ",. 1 { . .(}:F{~E C,;- ~,. .-', t\-;O\IOTf;JiY o I rW~ 21 PH 3: 35 CUMf3EkLi~\lJ COUNTY PENNSYLVANIA , I i .~ i i I ;; j v? J GERALD EBERLY, Plaintiff vs, CIDCAGO TITLE INSURANCE COMPANY, Defendant _, 0_ ~-~ ,-, "",,-' ~-, ,"_~____,._____,_,~,,,",__,,""~'_"'L, .-',-', - ,~~, '~i: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-0714 CIVIL CIVIL ACTION - LAW IN RE: MOTION TO COMPEL ORDER AND NOW, this 1. (,1" day of July, 2001, argwnent on the within motion to compel is set for Thursday, August 30,2001, at 2:00 p.m. in Courtroom Nwnber 4, Cwnberland County Courthouse, Carlisle, P A. Aaron S. Marines, Esquire For the Plaintiff Cynthia a, Clark, Esquire For the Defendant :rlm BY THE COURT, ~ /Ii b~1 ~ Pk 'J""""'..........J.'~ ~ ~ '-", ~~<'~ ~ , illi ~_ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff v. CI-01-714 CIDCAGO TITLE INSURANCE COMPANY, Defendants DEFENDANT CHICAGO TITLE INSURANCE COMPANY'S RESPONSE TO PLAINTIFF'S FIRST REOUEST FOR PRODUCTION OF DOCUMENTS Pursuant to the Pennsylvauia Rules of Civil Procedure, Defendant Chicago Title Insurance Company ("Defendant") hereby answers and objects as follows to Plaintiffs' First Request for Production of Documents (the "Document Requests"). I. GENERAL OBJECTIONS 1. Defendant objects to the Document Requests to the extent that they seek information that is protected from discovery by attorney-client privilege, the work-product doctrine or any other applicable claim of privilege, 2. Defendant objects to the Document Requests to the extent that they exceed the scope of discovery permitted by the Pennsylvania Rules of Civil Procedure, 3. Defendant objects to the Document Requests to the extent that they are over broad or unduly burdensome. 4, Defendant objects to the Document Requests to the extent that they seek information that is irrelevant and not likely to lead to the discovery of admissible evidence. PHIL1- 390480-1 ~"",-.~,. ". . , x'j 5. Defendant objects to the Document Requests to the extent that they request the production of any information and/or documents not in the possession, control or custody of Defendant. 6. Defendant has not completed its discovery, investigation or preparation for the trial of this matter. Accordingly, documents and information will be provided without prejudice to Defendant's right to make further objections and present additional information and documents that are hereafter discovered or that further discovery and investigation may indicate are relevant to this action and called for by these Interrogatories. II. SPECIFIC OBJECTIONS AND ANSWERS 1. Please provide a copy of the insurance policy issued to Gerald Eberly, Policy No. 2281 -S, with an effective date of May 8,1998, Answer Subject to and without waiver of the General Objections, Defendant will make available for inspection and copying all relevant, responsive, non-privileged documents in its possession, custody or control. 2, Please provide any and all documents concerning the Plaintiff's claim against the insurance policy made on or about April 5, 1999. Answer Defendant objects to this Document Request to the extent it seeks the production of documents protected by the attorney-client privilege and/or the work product doctrine. Subject to and without waiver of the foregoing objection and the General Objections, Defendant will make available for inspection and copying all relevant, responsive, non-privileged documents in its possession, custody or control. PHIL1- 390480-1 2 -'~'"'""'~. . _ ri ~-- ~ 111~[jik-.. 3. Please provide any and all correspondence or documents, both internal and with the Plaintiff, that discusses the Plaintiff's claim against the insurance policy. Answer Defendant objection to this Document Request to the extent it seeks the production of documents protected by the attorney-client privilege and/or the work product doctrine. Subject to and without waiver of the foregoing objection and the General Objections, Defendant will make available for inspection and copying all relevant, responsive, non-privileged documents in its possession, custody or control. 4, Please provide the statements of any employee, agent, or investigator of Chicago Title Insurance Company concerning the property, the existence of any easements on the property, or the Plaintiff's claim against the insurance policy. Answer Subject to and without waiver of the General Objections, no such statements exist. 5. Please provide any and all investigation reports prepared by you or by anyone acting on your behalf concerning the Property, the existence of any easements encumbering the Property, or the Plaintiffs claim against the insurance policy. Answer Defendant objects to this Document Request to the extent it seeks to production of documents protected by the attorney-client privilege and/or the work product doctrine. Subject and without waiver of the foregoing objection and the General Objections, no such reports exist except for documents prepared by Plaintiff's counsel. 6. Please provide any appraisals of the Property performed by any employee, agent, or investigator on your behalf. PHIL1- 390480-1 3 ',",-","" . ='- ~ -; --,,;, ,;. ,". -" ..."~.- '. ," ~""*; Answer Subject to and without waiver of the General Objections, Defendant is unaware of any such appraisals. By way of further response, discovery is ongoing and Defendant reserves the right to supplement or amend its response to this Document Request if further discovery so warrants. 7. If any appraisals of the Property were performed, please provide the curriculum vitae, or other qualifications, of the person performing the appraisal. Answer Subject to and without waiver of the General Objections, Defendant is unaware of any such appraisals. By way of further response, please see Defendant's response to Document Request No. Dated: May 4,2001 By. Micj1 el K. Coran, Esquire LD,' 0.: 55876 Cynthia A. Clark, Esquire LD. No.: 71260 260 South Broad Street Philadelphia, P A 19102 Phone: (215) 569-3177 Telecopier: (215) 668- Attorney for Defe ant 6, PHIL1- 390480-1 4 _""""'~"~.w, " _:':;',;,.j . CERTIFICATE OF SERVICE The undersigned, counsel for Defendant Chicago Title Insurance Company, hereby certifies that on May 4, 2001, true and correct copy of Defendant Chicago Title Insurance Company's Responses to Plaintiff's First Request for Production of Documents was served via first class mail upon the following: Aaron S. Marines, Esquire Blakinger, Byler & Thomas, P.C. 28 Penn Square Lancaster, P A 17603 PHILI.396331.1 >:.J "'" '. .u I, '. :;i ..""1, .;,., ';;';, <_ - - - '_'- .~;.:"L-< ,', :"'';; kl ASM:pao 234058,1 (18414.001) 7/19/01 , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff vs. CI-01-714 CIDCAGO TITLE INSURANCE COMPANY Defendant MOTION TO COMPEL PRODUCTION OF DOCUMENTS Plaintiff, Gerald Eberly, by and through his counsel, Blakinger, Byler & Thomas, P.C., hereby moves this Court for an Order compelling the Defendant to respond to the Plaintiff s Request for Production of Documents in the above-captioned matter. In support of this Motion, the Plaintiff avers as follows: 1, The Movant is Gerald Eberly, an adult individual residing at 623 Maple Street, East Earl, Lancaster County, Pennsylvauia ("Eberly"). 2, Eberly instituted the above-captioned lawsuit against Chicago Title Insurance Company ("Chicago Title") on February 9, 2001 by filing a Praecipe for a Writ of Summons with the Prothonotary of the Court of Common Pleas of Cumberland County. 3. On or about February 28,2001, Eberly served Chicago Title with the Plaintiff's First Request for Production of Documents, a copy of which is attached hereto as Exhibit "A." 4. Eberly's counsel granted Chicago Title to extension of time, until May 4,2001, to comply with Eberly's Request for the Production of Documents. 5. On May 4,2001, Chicago Title served Eberly with the Defendant's response to the ~- , ~ ~-,. , ~ ;. '" '-0'- -- 'S; ASM:pao 234058,1 (18414,001) 7/19/01 Plaintiffs First Request for the Production of Documents. In the response, which is attached hereto as Exhibit ''B,'' Chicago Title's counsel indicated that documents would be available for inspection and copying upon request. 6. By informal resolution, Chicago Title's counsel agreed to copy and deliver all documents by Eberly's Request for Production of Documents. 7. When Chicago Title and its counsel failed to produce the requested documents for approximately six weeks, Eberly's counsel informed Chicago Title's counsel that he would arrive at Chicago Title counsel's office to inspect and copy the requested documents. Chicago Title was given ten days' advance notice of this request. 8. On June 22, 2001, Chicago Title and its counsel did not produce documents for inspection and copying at the office of Chicago Title's counsel. 9. By letter dated June 29, 2001, the undersigned again sought informal resolution of Chicago Title's failure to comply with Eberly's Request for the Production of Documents, A copy of this letter is attached hereto as Exhibit "C." 10. To date, Chicago Title has failed to produce any documents sought by Eberly's Request for Production of Documents, 11. Chicago Title's actions in continually avoiding Eberly's legitimate discovery requests have been dilatory, obdurate, and vexatious, WHEREFORE, the Plaintiff, Gerald Eberly, respectfully requests that this Court enter the attached Order compelling the Defendant, Chicago Title Insurance Company, to comply with the Plaintiffs First Request for the Production of Documents, and that the Defendant and its counsel be 2 ,,.. ~ I , - -- ~ "-""0-'-/' .rd ASM:pao 234058.1 (18414,001) 7/19/01 . forced to pay the costs and reasonable attorney's fees required to compel compliance with the Plaintiffs discovery request, together with any other sanctions this Court deems just and appropriate. Respectfully submitted, BLAKINGER, BYLER & THOMAS, P.C. By:dr.:u&vr<f01~ Aaron S, Marines, Esquire Attorney I.D. #85728 28 Penn Square Lancaster, P A 17603 (717) 299-11 00 Attorneys for Plaintiff 3 ---~ ,~. ," -, ~'-" -- -'-or -,:-".% -,,-- M~- ASM:pao 234058.1 (18414,001) 7/19/01 CERTIFICATE OF SERVICE I hereby certifY that I am this day serving the foregoing Motion to Compel Production of Documents upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvauia Rules of Civil Procedure. Service by FIRST CLASS MAIL addressed as follows: Cynthia A. Clark, Esquire Klehr, Harrison, Harvey, Branzburg & Ellers, LLP 260 South Broad Street Philadelphia, PA 19102 BLAKINGER, BYLER & THOMAS, P.C. By:bAfn1 CZ5Ur~ Aaron S, Marines, Esquire Attorney LD. #85728 28 Penn Square Lancaster, P A 17603 (717) 299-11 00 Attorneys for Plaintiff Dated: II lo/ I ,2001 ."~"," , -~ -,,~ ASM:lmm 219967 (18414,001) 2/27/01 , ' IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION - lAW GERALD EBERLY Plaintiff CI-01-714 vs. CHICAGO TITLE INSURANCE COMPANY Defendants PlAINTIff'S FIRST REOUEST FOR PRODUCTION OF DOCUMENTS TO: Chicago Title Insurance Company 1100 Main Street Suite 500 Kansas City, MO 64105 You are directed pursuant to Pa. R.C.P. 4009 to produce the documents and things described below at the offices of Blakinger, Byler &. Thomas, P.c., 28 Penn Square, lancaster, Pennsylvania 17603 within thirty (30) days of the service of this Request for the Production of Documents, A. DEFINITIONS 1 . As used herein, the words ''you'' and ''your'' refer to defendant and defendant's agents, representatives, attorneys and all other persons acting or purporting to act on behalf of defendant. 2. As used herein, the word "document" shall mean the original and any copy, regardless of origin or location, or any book, pamphlet, periodical, letter, memorandum, telegram, report, study, handwritten note, working paper, or any other written recorded, punched, or taped matter, however produced, to which you have or have had access. 3. As used herein, "corporation," "company" or "entity" shall mean any corporation, partnership, sole proprietorship, company, entity or business operation. ,., ~M~' .......~.~~ , ~ '.',d ASM:lmm 219967 (18414.001) 2127/01 , ' 4, As used herein, "communication" shall mean all conversations, whether oral I or written, all telephone calls, telegrams, letters, memoranda, documents, discussions or any other form of communication. 5. As used herein, "identify" or "identity" used in reference to an individual or person means to state his full name, present business and private addresses, his present or last known occupation, his employer, and employer's address. 6. As used herein, "identify" or "identity" when used in reference to a corporation, company, entity or institution means to state its full name and present address, any fictitious names under which it operates, and the present owners, officers and directors thereof with their current addresses. 7. As used herein, "identify" or "identity" when used in reference to a document or communication means to state the date, author, type of document or communication (e.g., letter, memorandum, telegram, chart, etc.) or any other means of identifying it, its present location, and the name and address of its custodian. If any such document or communication was, but is no longer, in your possession or subject to your control, state what disposition was made of it and who presently has it. 8. As used herein, "policy" shall mean the commitment for . title insurance issued by Chicago Title Insurance Company, No. 2281-5, with an effective date of May 8, 1998. 9. As used herein, "Property" shall mean the property described on Schedule C of the above-reference policy, located in Southampton Township, Cumberland County, Pennsylvania. 2 ~.-~ ,- ~ ~~--~" ~- '~" ASM;lmm 219~67 (18414,001) 2/27/01 B. DOCUMENTS AND ITEMS TO BE PRODUCED 1. Please provide a copy of the insurance policy issued to Gerald Eberly, Policy No. 2281-S, with an effective date of May 8, 1998. 2. Please provide any and all documents concerning the Plaintiff's claim against the insurance policy made on or about April 5, 1999. 3. Please provide any and all correspondence or documents, both internal and with the Plaintiff, that discusses the Plaintiff's claim against the insurance policy, 4. Please provide the statements of any employee, agent, or investigator of Chicago Title Insurance Company concerning the property, the existence of any easements on the property, or the Plaintiff's claim against the insurance policy. 5, Please provide any and all investigation reports prepared by you or by anyone acting on your behalf concerning the Property, the existence of any easements encumbering the Property, or the Plaintiff's claim against the insurance policy. 6. Please provide any appraisals of the Property performed by any employee, agent, or investigator on your behalf. 7. If any appraisals of the Property were performed, please provide the curriculum vitae, or other qualifications, of the person performing the appraisal. BLAKINGER, BYLER 3. THOMAS, P.c. By: ~e~.~~~ Attorney 10# 19524 Aaron S. Marines Attorney J.D. #85728 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff 3 c.. .~ .- - .' ~ ,~ -'"ld,;;'e ASM;lmm 219,967 (18414,001) 2/27/01 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Plaintiff's First Request for Production of Documents upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by first class mail addressed as follows: Chicago Title Insurance Company 11 00 Main Street Suite 500 Kansas City, MO 64105 BlAKINGER, BYLER &.. THOMAS, P.c. BY:~Ci(CY1-1 75;;u ~ James H, Thomas Attorney ID# 19524 Aaron S. Marines Attorney I.D. #85728 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff Date: Fe b -z.-s ,2001 """",~Iil'-"""~-' , ~0': . . ' . June 29, 2001 (717) 509-7276 EMAlL: asm@bbt-Iaw.com Cynthia A. Clark, Esquire K1ehr, Harrison, Harvey, Branzburg &.. Ellers, LLP 260 South Broad Street Philadelphia, PA 19102 Re: Eberly v. Chicago Title Insurance Company No. CI-01-714 Dear Ms. Clark: I am very disappointed in your lack of cooperation with discovery in the above- referenced matter. I am even more disappointed with the lack of professional courtesy or respect that you have shown towards me in this matter. I sincerely hope that this is not the way that you will continue to proceed in this case. I served the Plaintiff's first Request for Production of Documents in order to aid the drafting of a complaint on February 8, 2001. Thus, the documents requested, which I am certain are not numerous and are located in one file, were due on March 30, pursuant to Pa. R.C.P. 4009. I granted you two extensions of time until May 4. When I finally received the Defendant's response to Plaintiff's request for the production of documents, your "standard response" was that the documents would be available for inspection and copying at your office in Philadelphia. In a subsequent phone conversation, you indicated that you would copy the documents for a reasonable fee and send them to me. For the next six weeks, my secretary and I attempted to contact you literally dozens of times to check the status of these documents. During the time, you refused to extend me the simple professional courtesy of a return phone call. On or about June 12, I left a message on your personal voice mail stating that I would arrive at your office on June 22 to inspect and copy the documents. My secretary and I again called numerous times in the ensuing 10 days to confirm this date. Again, you never returned any of these phone calls. On June 22, 1 arrived at your office only to be informed by you that the documents that I have requested were not at your office, and were in the process of being copied. . _ b ,~~ .......~"....-,,~ ....a..i..i,~__, . . . ." . Cynthia A. Clark, Esquire June 29, 2001 Page 2 You have violated Pa. R.C.P. 4009, by not producing documents or making them available for copying and inspection within thirty (30) days. If I do not receive these documents before July 6, I will bring a motion to compel production in the Court of Common Pleas of Cumberland County. I have been very reasonable in granting your continued request for extension of time, but I can no longer allow you to avoid this initial discovery. In the future, I hope that you will begin to exhibit the courtesy and professionalism expected of those in our profession. Sincerely, BLAKINGER, BYLER &.. THOMAS, P.c. Aaron S. Marines ASM:lmm cc: Gerald Eberly 18414.001/232319 ""', .(.- '- 11 . ,'".'.---- ..' ~\..._o -;"." " '."A">-> c_,"'""'.-,,,,'" ~". ,:> I'~ ,,:i,,::,' '~:;., .,:.:._;:~~,';,--~,'~: ;_"-'F-'~' ~"'i:~.,,-":;,/_',_ . "-. "Y:': - .~ ,;: ASM:pao 234058.1 (18414,001) 7/19/01 . , , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff vs. CI-01-714 CHICAGO TITLE INSURANCE COMPANY Defendant ORDER AND NOW, this day of ,2001, Defendant, Chicago Title Insurance Company is ordered to: 1. Provide to the Plaintiff all documents requested in the Plaintiff s First Request for the Production of Documents; and 2. Pay to the Plaintiff the amount of $ , which amount is the reasonable cost, including attorney's fees, to compel discovery on account of the Defendant's dilatory, obdurate, and vexatious conduct. within twenty (20) days, or suffer such sanctions as this Court may deem just and appropriate. BY THE COURT: ], ATTEST: " "dc- ,"ol.-"",_,,,": ,-~'d,'" '~___~_,; ,,',_ ,;,.' --, 'l-~-';;":';::);~; ~ C,_, ,_ t'. ASM:MLS: 274647,1 (18414,001 ) 10/2102 CI-OHI4 OCT Q 'l zoot IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff vs. CI-01-714 CHICAGO TITLE INSURANCE COMPANY Defendant ORDER AND NOW, this day of ,2002, Defendant, Chicago Title Insurance Company is ordered to answer in full and provide all documents requested by Interrogatories No, 14 through 17 in Plaintiffs Second Set of Interrogatories within 20 days, or suffer such sanctions as this Court may deem just and appropriate. BY THE COURT: J. ATTEST: -s; _-lml- , :. . .~'_ n" ",: i I I .. ASM:pao:lmm 228067.4 (18414.001) 10/3/01 < .,. J '.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff vs. CI-01-714 CHICAGO TITLE INSURANCE COMPANY Defendant TO THE WITHIN DEFENDANT: NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 1-(800)-990-9108 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si nsted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por eI demandante puede ser dictado en contra suya por la Corte ill _L "' ,.,.-- -, - ,~ - -;.--i.; , . ASM:pao:lmm 228067,4 (18414.001) 10/3/01 I "> , . sin mas aviso adicional. Usted puede perder dinero 0 propiedad U otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME 0 VA Y A A LA SIGUlENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-(800)-990-9108 BLAKINGER, BYLER & THOMAS, P,C. By: q4rJAO-1I1151M~ James H. Thomas, Esquire Attorney lD, #19524 Aaron S. Marines, Esquire Attorney lD. #85728 28 Penn Square Lancaster, PA 17603 (717) 299-11 00 Attorneys for Plaintiff 2 .---- _, "_'~;;~0-_jO;';C_,;,- -'~'.,,'o__ , ,c _._'"_"-,,,, .,;; "-,~ ',,, '." -~--.- --"';;,";,_,)",-,'~":;.,,;,,:~., ;_Y'>'T-'U,,-, - -, ~ "-"-"--";.';;,."'-;-",,;'1;" . "--"'-"';;-:-i-Ii;~ ) ""t ASM:pao:lmm 228067,4 (18414.001) 10/3/01 , ). IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff vs, CI-01-714 CHICAGO TITLE INSURANCE COMPANY Defendant COMPLAINT 1. Plaintiff is Gerald Eberly, an adult individual who resides at 623 Maple Street, East Earl, PA 17519. 2. The Defendant is Chicago Title Insurance Company, a Missouri corporation with a place of business of 1100 Main Street, Suite 500, Kansas City, MO 64105. 3, At all times relevant hereto it is believed that Hamilton C. Davis, and Joel R. Zullinger, Hamilton C, Davis, a professional corporation with a place of business of 200 Chambersburg Trust Building, Chambersburg, P A 17201, were agents of the Defendant, and authorized to issue a commitment for title insurance on behalf of the Defendant. 4. On May 8, 1998, the Plaintiff purchased property in Southampton Township, Cumberland County, Peunsylvauia from Ivan Z, and Ellen M. Leid, This property is described in the Cumberland County Recorder of Deeds Book 177, Page 1, and a legal description of the property is attached as Exhibit "A," and included herein by reference. 5. On May 8, 1998, the Defendant, through its agent Hamilton Davis, issued a commitment for title insurance to the Plaintiff ("Commitment"). This Commitment is attached as Exhibit "B," and is included herein by reference. , ASM:pao:lmm 228067,4 (18414.001) 10/3/01 ) , -. two separate lots. One of the lots consisted of approximately 27 acres upon which the Plaintiff intended to construct a mobile home park of approximately 70 units. 14. After property settlement, the Plaintiff for the first time discovered an easement in favor ofthe Cumberland-Franklin Joint Municipal Authority (the "Authority'') to provide for public sewer lines at a raised elevation. 15. The sewer line easement was created pursuant to a Declaration of Taking filed by the Authority on February 10, 1978, This Declaration of Taking was filed with the Recorder of Deeds for Cumberland County in Deed Book Q-27, Page 419, and lists as condenmees Glenn L. and Mary E. Crider, predecessors in title to the property. This Declaration of Taking is attached as Exhibit "D," and included herein by reference. 16. The sewer line easement was not listed as one of the specific exceptions to coverage under the title insurance Commitment or Policy. 17. The Plaintiff inspected the property on at least two occasions, once at the public auction where he purchased the property, and another time to discuss a potential encroachment by a neighboring structure, The elevated sewer line easement was not visible during either of these inspections. 18. Plaintiff had no knowledge of the elevated sewer line easement, as no buildings that existed on the property at the time of the Plaintiffs inspections utilized public sewer facilities. Rather, Plaintiff was informed that all buildings on the property utilized on-lot sewer systems. 19. As a direct result of the sewer lot easement, Plaintiff was unable to develop the property as a mobile home park. 3 ~~ ,., . -~"'; :. ',' -~; . ASM:pao:lmm 228067.4 (18414,001) 10/3/01 , . 20. The value of the property without the easement was approximately $800,000. The value of the property with the easement and the resulting limitations on subdivision is approximately $400,000. 21. On February 9, 1999, Plaintiff informed the Defendant of the sewer line easement. The Plaintiff s letter informing the Defendant of the defect in the title to the property is attached as Exhibit "E," and included herein by reference, 22. On April 7, 1999, Defendant requested additional information in order to evaluate the Plaintiffs claim for indenmitypursuant to the Commitment and Policy, A copy ofthe Defendant's letter is attached as Exhibit "F," and included herein by reference. 23, On December 15, 1999, after an investigation into the Defendant's request, Plaintiff provided all of their requested information. A copy of Plaintiffs letter is attached as Exhibit "G," and included herein by reference. 24. The Defendant has refused to honor Plaintiffs claim against the Policy. COUNT! BREACH OF CONTRACT 25. Paragraphs 1 through 24 are incorporated herein by reference, 26. Plaintiff and Defendant entered into a written contract for title insurance, as provided by the Commitment and the Policy, 27. Plaintiff fulfilled all conditions precedent to the issuance of a title insurance policy. 28. The Defendant should have, by using reasonable diligence, discovered the sewer line easement in its search of the title to the property, 4 <~ , I > J '.' ',"," "\,'., i.. ,." . ;;'.a ';j > ASM:pao:lmm 228067.4 (18414.001) 10/3/01 > ; . 29. As a direct result of Defendant's failure to discover the sewer line easement encumbering the property, Plaintiff suffered damages in the amount of $400,000, which sum represents the diminution in value of the property between the title insured by the Defendant and the title actually provided. 30, Plaintiff has fulfilled all conditions precedent to receiving indenmification from the Defendant. 31. Defendant has breached its contract with the Plaintiff, in that the Defendant has refused to meet its obligations of indenmity pursuant to the Commitment and the Policy. WHEREFORE, the Plaintiff, Gerald Eberly, respectfully requests that this Court enter a judgment against the Defendant, Chicago Title Insurance Company for a breach of contract in the amount of $400,000, and any other costs, including reasonable attorney's fees as this Court may deem appropriate, COUNT II BAD FAITH BY INSURER 32, Paragraphs 1 through 31 are incorporated herein by reference. 33. The Plaintiff's cause of action described herein arises out of the insurance policy provided by the Commitment and Policy. 34. The Defendant did not have a reasonable basis for denying benefits to the Plaintiff under the Policy and Commitment. 35, The Defendant knew or recklessly disregarded its lack of a reasonable basis in denying the Plaintiff s claim. 5 ~_. -', ,., - ,,' ~ . ASM:pao:lmm 228067.4 (18414,001) 10/3/01 . . 36. Pursuant to 42 Pa. C.S.A. ~ 8371 this Court is permitted to assess the following against the Defendant: (a) Interest on the claim in an amount equal to the prime rate of interest plus 3%, assessed from February 9, 1999 until the date of the judgment in this action; (b) punitive damages; and (c) court costs and attorneys' fees. WHEREFORE, the Plaintiff, Gerald Eberly, respectfully requests that this Court enter a judgment against the Defendant, Chicago Title Insurance Company for breach of contract and insurance bad faith in the amount of $400,000, plus interest in the amount equal to the prime rate of interest in the amount equal to the prime rate ofinterest, plus 3% accruing from February 9, 1999 until the date of this judgment, punitive damages against the Plaintiff, and court costs and reasonable attorney fees incurred in this matter. Respectfully submitted, BLAKINGER, BYLER & THOMAS, P,C. B~~~ James H. Thomas, Esquire AttomeyLD. #19524 Aaron S. Marines, Esquire Attorney LD. #85728 28 Penn Square Lancaster, P A 17603 (717) 299-1100 Attorneys for Plaintiff 6 -"'I~~ . ~~< ~ - .. ASM:pa~ 228067,~ (18414.001) 9/18/01 ~" ~ ~ '-, VERIFICATION I verifY that the statements made in the foregoing Complaint are true and correct, This verification is made subject to the penalties of 18 Pa.C,S.A. 94904, relating to unsworn falsification to authorities, Dated: 10/3 ,2001 ='- ~ " ~' _L~ .,.',. ",':>"...1"'-- . . . . ""':; ASM:pao:lmm 228067,4 (18414.001) 10/3/01 , . - CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Date: 10/3 Service by FIRST CLASS MAIL addressed as follows: Cynthia A. Clark, Esquire Klehr, Harrison, Harvey, Branzburg & Ellers, LLP 260 South Broad Street Philadelphia, PA 19102-5003 BLAKINGER, BYLER & THOMAS, P.C, BY:~~ 9;U[OAA/J es H. Thomas, Esquire AttorneyLD. #19524 Aaron S. Marines, Esquire Attorney LD. #85728 28 Penn Square Lancaster, P A 17603 (717) 299-11 00 Attorneys for Plaintiff ,2001 4f~a"_J.... .. > "~'- ~W' " ". > ALL that certain tract of land, together with the improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point in the said road, thence along the same, North seventy-one and one-fourth (71-1/4) degrees East, fifty-six and six tenths (56.6) perches to a point in said road; thence along the same, North fifty- seven and one-half (57-1/2) degrees East, twenty-nine and three tenths (29.3) perches to a stake; thence by land now or late of Commerer, S()uth thirty-nine and three- fourths (39-3/4) degrees East, two hundred' three and eight tenths (203 .S) 'perches to a post, a corner of lands now or late of Commerer and now or late of Foreman; thence by lands now or late of Goodhart, South fifty-two and one-half (52-1/2) degrees West, thirty and six tenths (30 . 6) perches to a stake; thence by lands now or late of Carey, South eighty-two and one-half (82-1/2) degrees West, seventy-three and two tenths (73.2) perches to a stake; thence by land now or late of Hershey, North thirty (30) degrees 'West, twenty-five and four tenths (25 .4) perches to a post; thence North one (1) degree Wests, twenty (20) perches to a copper stone; thence South fifty-one (51) degrees West, fourteen and five tenths (14.5) perches to a white oak in the public road leading from the Cleversburg Junction to the Molly Pitcher Highway; thence along said =ad, North thirty and one-fourth (30-1/4) degrees West, fifty-seven and one tenth (57.1) perches to a point in said =ad; thence with the same, North thirty-five and one-fourth (35-1/4) degrees West, ninety (90) perches to the place of BEGINNING. CONTAINING 109 Acres, 110 perches. EXCEPTING AND RESERVING therefrom the following tracts of land: (1) All' that certain tract of land containing approximately 4.66 acres which was condemned and taken by the Commonwealth of pennsylvania for highway purposes along Interstate Route Sl. . (2) All that certain tract of land containing 21.074 acres which David L. Miller and Dorothy B. Miller, (flage 1 of 3) -"'-- , J ~ ~b1'-: . \ 1 husband and wife, by their deed dated September 27, 1965 and recorded in the CUmberland County Office of the Recorder of Deeds in Deed Book T, Volume 21, Page 1086, granted and conveyed unto Sun Oil Company, a New Jersey corporation. BEING THE SAME PREMISES which David L. Miller and Dorothy B. Miller, husband and wife, by their deed dated December 31, 1976 and recorded January 26, 1977 in the Recorder's Office aforesaid in Deed Book Z, Volume 26, Page 608, granted and conveyed unto Glenn L. Crider and Mary E. Crider, husband and wife, the Grantors herein. ALSO EXCEPTING AND RESERVING therefrom the following tracts of land: . (3) All that certain lot of land known as Lot No. 1 which Glenn L. Crider and Mary E. Crider, husband and wife, by their deed liated February 25, 1983 and recorded February 28, 1983 in the Recorder's Office aforesaid in Deed Book B, Volume 30, Page 714, granted and conveyed unto Wesley R. Cool and Susan P. Cool, husband and wife. (4) All that certain lot of land known as Lot No. 4 which Glenn L. Crider and Mary E. Crider, husband and wife, by their deed dated February 14, 1985 and recorded March 4, 1985 in the Recorder's. Office aforesaid in Deed Book D, Volume 31, page 252, granted and conveyed unto Donald C. Snyder and TammyL. Snyder, husband and wife. (5) All that certain lot of land known as Lot No. 5 which Glenn;r.. Crider and Mary E. Crider, by their deed dated May 20, 1986 and recorded May 21, 1986 in the Recorder's Office aforesaid in Deed Book W, Volume 31, Page 1035, granted and conveyed unto David L. Varner. b.J.<.. (6) All that certain lot of ground lying and being situate in the Township of Southampton, County of CUmberland and Commonwealth of pennsylvania, known as Lot No. 2 as shown on the survey prepared by Thomas Michael Englerth, R.S., dated September 16, 1981 for Glenn L. and Mary E. Crider, said survey being recorded in Plan Book 41, Page 83, being more fully bounded and described as follows: Beginning at a spike set in the centerline of Township Route No'. 316 at the corner of Lot No.1 on the above-'mentioned survey; thence by Lot No.1, North fifty- nine (59) degrees fifteen (15) minutes.East, two hundred ninety and forty hundredths (290.40) feet to an iron pin set in line of lands now or late of Glenn L. and Mary E. (Page 2 of 3) - . - '_"/;,l':!o,: Crider; thence by lands of the same, South thirty (30) degrees fifteen (15) minutes East, one hundred twenty and zero hundredths (120.00) feet to an iron pin, a corner of Lot No.3; thence by Lot No.3, South fifty-nine (59) degrees, fifteen (15) minutes West, two hundred ninety and forty hundredths (290.40) feet to a spike set in the centerline of Township Route No. 316; thence by the centerline of Township Route No. 316, North thirty (30) degrees fifteen (15) minutes West, eighty-six and zero hundredths (86.00) feet to an existing spike; thence laong the same, North thirty (30) degrees fifteen (15) minutes West, sixty-four and zero hundredths (64.00) feet to the point and place of BEGINNING. CONTAINING: 1.00 acre. BEING THE SAME REAL ESTATE which Glenn L. Crider and Mary E. g~ider. husband and wife, by deed dated September 29, 1986 and recorded in the Office of the Recorder of Deeds of CUmberland County, Pennsylvania, in Deed Book "F", Volume 32, Page 385, unto Ivan Z. Leid and Ellen M. Leid, husband and wife, the grantors herein. "t<- (Page 3 of 3) ,,,.,,,.;;$,,,-,,_'._,W;j; J.,~ ,. PA3 ......~..il-> -~:M;;Jt " . :(11._ ;~ .~*" '*:~_: .*,~. ~1r ~;;;r::':l,:';::"zi... ,s:'. ~'$' """$' ~~ '*~ "'i';'Iii' "%~ ~;';;:' ~ii;" ;:;' ~: "ii;" ~ AMERICAN LAND TITLE ASSOCIATION COMMITMENT - 1966 CHICAGO INSURANCE COMPANY TITLE COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for a valuable cOIlsideratipn, hereby commits to issue its policy or policies of title insurance. as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the esiate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and I. charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligatjon~ hereunder shall cease and terminate six months after the effective' date her~of or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this Commitment to be signed and sealed as of the .effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. Issued by: JOEL R. ZUillNGER HAMILTON C. DAVIS A PROFESSIONAL CORPORATION 200 CHAMBERSBURG TRUST BUILDING CHAMBERSBURG, PA 17201 CHICAGO TITLE INSURANCE COMPANY 9 By: ~~;~ ~ ..... O()(U.9 ,;Si;?"r;,,'V$<'"r;,,"-' ;!;;"if:'.,~'" ~........ ;;::, -..a~~~ -& -is ,;i;(',;.;,'""",*1f:>.""P,:O;Ii'r;" . ,;i;(,~-' .;i;,:m-.~~ ~- ;:f~"""'.';;"~- ;r.-' ..."i!'; }..; ;$',,..,' *'~--?"i>"!i!; ,;0;1"!:', CopyrIght 1966 American Land Title Anocl..tion t:: , . SCHE~ULE 4. . .~ ." Number: 2281-5 Effective Date: S )~/Cj6 1. Policy or Policies to be issued: OWNER'S: ALTA 10-17-92 $ 400,000.00 Proposed Insured: Gerald Eberly LOAN: $ ;/;It Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, . and title thereto is at thE! effective date hereof vested in: Ivan Z. Leid and Ellen M. Leid, h/w 3. The land referred to in the Commitment is described in Schedule C. SCHEDULE B - Section 1 The following are the requirements to be complied with: 1. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record, to wit: A. B. Deed from Ivan Z. Leid and Ellen M. Leid, h/w to Gerald Eberly. Mortgage from Gerald Eberly to Leroy Hoover. 2zi.' q \5\t'f\O fO 6~\'~ ~ . L 'f<!i\J ,~.... [2. Payment of the full consideration to, or for the account of, the grantors or mortgagors. L. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. f. Satisfactory evidence should be had that improvements andJor repairs or alterations thereto are completed; ~ that contractor, subcontractors, labor and materialmen are all paid. ,~ 5. County and township tax receipts for calendar year 1997 and school tax receipts for fis~ )t~.~ year 1997-98 must De produced. The title policy will not insure against possible future i';..ll1.\1 tax levies which are not yet due and payable. Assessment: $27,270. ~\~ 6. Water and sewer receipts to be produced for 1997 and elapsed portion of 1998. , ~lt\ 7. Proof that no sewers or other public improvements for which assessments are possible hav,; ~) been installed or have been ordered to be installed upon or abutting these premises. ' 8. Sufficient evidence to be produced to remove mortgage in original amoqnt/Qf $112,000 frrn Ivan Z. Leid and ELlen M. Leid, h/w to York Farm Credit, ACA, dated 5/22 .~6, recorded 5/23/96 in Cumberland County Mortgage Volume 1321, Page 986. SCHEDULE AlB . Section 1 Schedule B - Section 1 Consists of -1...-. Pages. ALTACommilment 00020 Reorder Form No. 2838 (Rev. 2/90) J T~"'.:' " - -", . SCHEDULE B ~ SEC'TION 2 . Number 2281-S v' REQUIREMENTS The following requirements must be met: Schedule B of the Policy or Policies to be issued will contain exceptions to the matters noted hereafter unless the same are disposed of to the satIsfaction of the Company. 1 Defects, liens, encumbrances, aelverse claims or other matters, if any, cre,ated, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2_ The exceptions set forth at the inside cover hereof. 3. The Owner's Policy issued pursuant hereto will contain under Schedule B the mortgage, if any, noted under Item 1 of Schedule B - Section 1. 4. Rights of the public in and to the area within the right-of-way of public road known as Hershey Road abutting the premises. 5. UNDER AND SUBJECT to terms and provisions of Subdivision Plan as to Tax Parcel #39-13-0104-004C; see Plan Book 41, Page 83. t, ~~{AOVA~ >t.tbJcJio Cms~b/-e j.'~-r' JJ,/{ee.?tf~ ~Wr j 1111; (; no;tf, (:I/lff( j1J!r7 tJ,' If t55v1e A-flp'-- Q~ :f~(/fr;. I~ d~e/; 4u ftcr/ Jz;1 /Ie{) 5/5/C;J SCHEDULE B . Section 2 ALTACommitment ' Reorder Form No, 2839 (Rev. 12/89) Schedule B - Section 2 Consists of ~ Pages. .;); 00021 --.r',-~, .,J . ~, ~ COMMITMENT . r"l?lil!ti'I\l:-~' '- SCHEDULE C Number 2281-5 The land referred to in this Commitment is described as follows: ALL that certain tract of land, together with the improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point in the said road; thence along the sa~e, North seventy-one and one-fourth (7~-~/4) degree~ East, fifty-six and six tenths (56.6) perches to a point in said road; thence along the same, North fifty- seven and one-half (57-~/2) degrees East, twenty-nine and three tenths (29.3) perches to a stake; thence by land now or late of Commerer, South thirty-nine and three- fourths (39-3/4) degrees East, two hundred' three and eight tenths (203.8) perches to a post, a corner of lands now or late of Commerer and now or late of Foreman; thence' by lands now or late of Goodhart, South fifty-two and one-half (52-~/2) degrees West, thirty and six tenths (30.6) perches to a stake; thence by lands now or late of Carey, South eighty-two and one-half (82-~/2) degrees West, seventy-three and two tenths (73.2) perches to a stake; thence by land now or late of Hershey, North thirty (30) degrees 'West, twenty-five and four tenths (25.4) perches to a post; thence North one (~) degree Wests, ,twenty (20) perches to a copper stone; thence South fifty-one (5~) degrees West, fourteen and five tenths (H. 5) perches to a white oak in the public road leading from the Cleversburg Junction to the Molly Pitcher Highway; thence along said road, North thirty and one-fourth (30-~/4) degrees West, fifty-seven and one tenth (57 .~) perches to a point in said road; thence with the same, North thirty-five and one-fourth (35-~/4) degrees West, ninety (90) perches to the place of BEGINNING. CONTAINING ~09 Acres, ~~o perches. EXCEPTING AND RESERVING therefrom the following tracts of land: (~) All that certain tract of land containing approximately 4.66 acres which was condemned and taken by the Commonwealth of pennsylvania for highway purposes along Interstate Route 8~. . (2) All that certain tract of land containing 2~.074 acres which David L. Miller and Dorothy B. Miller, (flage 1 of 3) 00022 i~..k..L-'i-~"_'M . 'c ~~U '10." ",E NUMIlER 2281-.5 . 5Cl1EDULE, C (co.ntinued) . J. ~ husband and wife, by their deed dated September 27, 1965 and recorded in the CUmberland County Office of the Recorder of Deeds in Deed Book T, Volume 21, Page 1086, granted and conveyed unto Sun Oil Company, a New Jersey corporation. BEI~G THE 'SAME PREMISES which David L. Miller and Dorothy B. Miller, husband and wife, by their deed dated December 31, 1976 and recorded January 26, 1977 in the Recorder's Office aforesaid in Deed Book Z, Volume 26, Page 608, granted and conveyed unto Glenn L. Crider and Mary E. Crider, husband and wife, the Grantors herein. ALSO EXCEPTING AND RESERVING therefrom the following tracts of land: ' (3) All that certain lot of land known as Lot No. 1 which Glenn L. Crider and Mary E. Crider, husband and wife, by their deed ~ted February 25, 1983 and recorded February 28, 1983 in the Recorder's Office aforesaid in Deed Book B, Volume 30, Page 714, granted and conveyed unto Wesley R. Cool and Susan P. Cool, husband and wife. (4) All that certain lot of land known as Lot No. 4 which Glenn L. Crider and Mary E. Crider, husband and wife, by their deed dated February 14, 1985 and recorded March 4, 1985 in the Recorder's Office aforesaid in Deed Book D, Volume 31, page 252, granted and conveyed unto Donald C. Snyder and Tammy L. snyder, husband and wife. (5) All that certain lot of land known as Lot No. 5 which Glenn L. Crider and Mary E. Crider, by their deed dated May 20, 1986 and recorded May, 21, 1986 in the Recorder's Office aforesaid in Deed Book W, Volume 31, Page 1035, granted and conveyed unto David L. Varner. , " ~.M. (G) All that certain lot of ground lying and being situate in the Township of Southampton, County of Cumberland and Commonwealth of PeDnSylvania, known as Lot No. 2 as shown on the survey prepared by Thomas Michael Englerth, R.S., dated September 16, 1981 for Glenn L. and Mary E. Crider, said survey being recorded in Plan Book 41, Page 83, being more fully bounded and described as follows: Beginning at a spike set in the centerline of Township Route No'. 316 at the corner of Lot No. 1 on the above-mentioned survey; thence by Lot NO.1, North fifty- nine (59) degrees fifteen (15) minutes.East, two hundred ninety and forty hundredths (290.40) feet to an iron pin set in line of lands now or late of Glenn L. and Mary E. (Page 2 of 3) 00023 ,-~~ ,- " '" , I. - , ~ , " ',- Wllllll!._:;w_i ,', . . . NUMBER 2281-S SCHEDULE C (continued) Crider; thence by lands of the same, South thirty (30) degrees fifteen (15) minutes EaSt, one hundred twenty and zero hundredths (120.00) feet to an iron pin, a corner of Lot No.3; thence by Lot No.3, South fifty-nine (59) degrees fifteen (15) minutes West, two hundred ninety and forty hundredths (290 .40) feet to a spike set in the centerline of Township Route No. 3J.6; thence by the centerline of Township Route No. 3J.6, North thirty (30) degrees fifteen (15) minutes West, eighty-six and zero hundredths (86.00) feet to an existing spike; thence laong the same, North thirty (30) degrees fifteen (15) minutes West, sixty-four and zero hundredths (64.00) feet to the point and place of BEGINNING. CONTAINING: 1.00 acre. BEING THE SAME REAL ESTATE which Glenn L. Crider and Mary E. !!;rider, husband and wife, by deed dated September 29, 1986 and recorded in the Office of the Recorder of Deeds of cumberland County, Pennsylvania, in Deed Book "F", Volume 32, Page 385, unto Ivan Z. Leid and Ellen M. Leid, husband and wife, the grantors herein. '~ M.~. (Page 3 of 3) 00024 ,-'"'~' .4i!!fiJio!., ,'"t . .' ..- EXCEPTIONS The policy or policies to be issued will be subject to the following exceptions unless they are otherwise disposed of: (1) rights or claims of parties in possession not shown by the public records; (2) encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises; (3) easements, or claims of easements, not shown by the public records; (4) any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and no, shown by the public records; (5) taxes or special assessments which are not shown as existing liens by the public records. CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein. shall include deed of trust, trust deed. or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than .those shown in Schedule B hereof, and shail fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such' defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commit- ment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Uability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reli""ce hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage tbere1)n covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions. the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in fayor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. .) 00025 I I~. I' 1:Ii! Ii " ll'tt. ",} i' I~ I" i,l< I', i ~,_ I.if- IiI I" I'" Ii) 1', ~" !~ 11k_ I, 1'< I', ., I: 11,-, " ~~; " ~ ,. ;' I ~k :\~ i~ " * o o ~ N en . Form 2837 AMERICAN LAND TITLE ASSOCIATION S'I'ANDARD FORM COMMITMENT . 0,..,00 'l'~ O{o-"'II?><~ . , . .... >< ';;!. Ii!; tile. :'r 1> ~4, ~<\rCE CO @ '?J:, .~, ,>> " '~ I " 'Ii ~ 0>> '" ~~ '1 .,,\ >1; ~ ~~ ..: >, , , ., i' " -, s' ,!~i..i.-.I . " ~ .~. -, '" ,~ ~_ ~~ ~J:" ':\!: ,~ "'lit$" ~.~ ~$' ~_ ~ ~ "",'!If ~~ "".;,;>, '1.;1:;' ~i:i' ...,..~ -.;;~ ~~ , ' AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY (10-17-92) 39 0215 106 00000075 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDmONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory, Issued by: JOEL R. ZULLINGER HAMILTON C. DAVIS, . A Professional Corporation 310 Chambersburg Trost Building Chambersburg, PA 1720l CHICAGO TITLE INSURANCE COMPANY By: I}./~/ )I"" /~";J By: ~!~ " ;1""",," .;;i.~ ,s,.....;il11~ ~~. :iIt-.~ ;ip.~ .o:r.;:r, .... ....,"'::;,."~. ..",.. .:::':?,- :i'i"..... "f;;":...,:''2:':~",,'':;'':O:_,:i'-;;,:''''''';:;i:;;-..''''.; -;'~;;#:i;;..' ALTA Owner's Policy 00-17-92) . ~ '.. ,,, " :1 ~ ., .. ~ ,; ~ " .. "" .. , " "'~ , -, ~- ~ ~C,-W 1'1 t:M-;:)--~ - -- - -__ ,if \", -- -- -- ~,' .... ":,", ....,.,: ,; ! ~,,~: ;,.::. ! :.,1. . ~ _'.' f":. .. ,;" .....~. . . .:,..:~~" -.-',- , . SCHEDULE A ' OFACe ALE NUMBER POl...K:YNUM8.EJ:I om OFPOUCY AMOUNT OF INSURANCE , Z 3 . 2281-5 39 0215 106 00000075 May n, 1998 $ 400,000.00 . ,... 1. Name of Insured: Gerald Eberly 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in ttie Insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: l<brtgage frail Gerald E':lerly to Ier:c11 HQoYer, dated May 8, 1998, recxded May n, 199B, in Cwberlzmj Camty MJrtqage Book Vol.tme 1452, l'a;Je 406, in the aacunt of $ 3601000,00 and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this Policy is described as follows: See lMlihjt a~ ,.'-........ -'~""""'''''.''"'''f~-~'''''''''''''''''''''''''-~~~''''''''--:--''-'-'''''-'--'.' ",. '~:-.::.r":""' . ~"'_"'~"'''I'"'-''~,",r'.~-'' .,...,-.";" ~ j' 00004 SCHEDULE A Owners Form Reorder Form No. 3529 (Rev. 1/89) This Policy valid only If Schedule B Is attached. i i,1- '1 I , I- i Policy NU1'ber: , - :~( 1< 'If SCHED)JLE B r '-- 39 0215 108 00000075 ow..... .,. . ,.".. EXCEPTIONS FROM COVERAGE ~. .-;t ~ :/.: This policy does not insurB against loss or. damage (and the Company will not pay costs, attorneys' fess or expenses) which ar\i;e by rflasdn of: . .." ,. . ~ SpeCial exceptions: .The mortgage, if any, referred to in Item' 4 of Schedule A. 1. Rights of the public in and. to the "area wi thin the right-of- :way of' public road kno~' as Hershey Road abutting the' premises. 2. Under and'subject terms and provisions of subdivision plan to tax parce 9-13-0104-004C; see plan Book 41, Page 83. ,~- 3.. Under",-and subj ect to Consentable Line Agreement dated May 7, 1998. General Exceptions: 1. Encroachments, overlaps, boundary line disputes and any other matters which would be disclosed by an acc.urate. survey and inspection of the premises. . 2. Easements or.c1aims of easements not shown as existing liens by the public records. 0_.., " \ \ Y ., ." {. Countersigned 00005 Authorized Signatory SCHEDULE B (EXTENDED COVERAGE) Schedule B of this p'ollcy c0l1slsts of ., pages. IOwner's Form - 1987 Reorder Form No. 3097 (Rev, 1189) ~ :';' -. ,~ ~ ~ .' EXTRA COpy ".. '~ -" . -- J<iil1!:'_,_",,~-lO-' "- , EXHIBIT ALL that certain tract of land, together with the improvemez;ts thereon erected, lying and being situate in Southampton Townsh1p, CUmberland eounty, Pennsylvania, more particularly described as follows: BEGINNING at a point in the said road; thence along the same, North seventy-one and one-fourth (71-1/4) degrees East, fifty-six and six tenths (5.6.6) perches to a point in said road; thence along the same, North fifty- seven and one-half (57-1/2) degrees East, twenty-nine and three tenths (29.3) perches to a stake; thence by land now or late of Commerer, South thirty-nine and three- fourths (39-3/4) degrees Bast, two hundred three and eight tenths (203.8) perches to a post, a corner of lands now or late of Commerer and now or late of Foreman; thence by lands now or late of Goodhart, South fifty-two and one-half (52-1/2) degrees West, thirty and six tenths (30.6) perches to a stake; thence by lands now or late of Carey, South eighty-two and one-half (82-1/2) degrees West, seventy-three and two tenths (73.2) perches to a stake; thence by land now or late of Hershey, North thirty (30) degrees 'West, twenty-five and four tenths (25.4) perches to a post; thence North one (1) degree Wests, twenty (20) perches to a copper stone; thence South fifty-one (51) degrees West, fourteen and five tenths (14.5) perches to a white oak in the public road leading from the Cleversburg Junction to the Molly Pitcher Highway; thence along said road, North thirty and one-fourth (30-1/4) degrees West, fifty-seven and one tenth (57.1) perches to a point in said road; thence with the same, North thirty-five and one-fourth (35-1/4) degrees West, ninety (90) perches to the place of BEGINNING. CONTAINING 109 Acres, 110 perches. EXCEPTING AND RESERVING therefrom the following tracts of land: ". (1) All that certain tract of land containing approximately 4.66 acres which was condemned and taken by the Commonwealth of Pennsylvania for highway purposes along Interstate Route 81. (2) All that certain tract of land containing 21.074 acres which David L. Miller and Dorothy B. Miller, (?-age 1 of 3) OGOOG .I. '-"- ~ - , ,~ ~ ~~- !""'~S" . NUMBER 2281-S SCHEDULE C (continued) '" husband and wife, by their deed dated September 27, 1965 and recorded in the CUmberland County Office of the Recorder ot Deeds in Deed Book T, Volume 21, Page 1086, granted and conveyed unto Sun Oil Company, a New Jersey u corporation. BEING THE SAME PREMISES which David L.,Miller and Dorothy B. Miller, husband and wife, by their deed dated December 31, 197~ ~d recorded January 26, 1977 in the Recorder's Office aforesa~d ~n Deed Book Z, Volume 26, Page 608, granted and conveyed unto Glenn L. Crider and Mary E. Crider, husband and wife, the Grantors herein. ALSO EXCEPTING AND RESERVING therefrom the following tracts of land: (3) All that certain lot of land known as Lot No. 1 which Glenn L. Crider and Mary E. Crider, husband and wife, by their deed dated February 25, 1983 and recorded, February 28, 1983 in the Recorder's Office aforesaid in Deed Book B, Volume 30, Page 714, granted and conveyed unto Wesley R. ,Cool and Susan P. Cool, husband and wife. (4) All that certain lot of land known as Lot No. 4 which Glenn L. Crider and Mary E. Crider, husband and wife, by their deed dated February 14, 1985 and recorded March 4, 1985 in the Recorder's Office aforesaid in Deed Book D, Volume 31, page 252, granted and conveyed unto Donald C. Snyder and Tammy L. snyder, husband and wife. (S) All that certain lot of land known as Lot. No. 5 which Glenn L. Crider and Mary E. Crider, by their deed dated May 20, 1986 and recorded May 21, 1986 in the Recorder's Office aforesaid in Deed Book W, Volume 31, Page 1035, granted and conveyed unto David L. Varner. (~) All that certain lot of ground lying and being s~tuate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, known as Lot No. 2 as shown on the survey prepared by Thomas Michael Englerth, R.S., dated September 16, 1981 for Glenn L. and ... Mary E. Crider, said survey being recorded in Plan Book 41, Page 83, being more fully bounded and described as follows: . Beginning at a spike set in the centerline of Township Route No. 316 at the corner of Lot No.1 on the a~ove-mentioned survey; thence by Lot No.1, North fifty- n7ne (59) degrees fifteen (15) minutes East, two hundred. n~nety and forty hundredths (290.40) feet to an iron pin set in line of lands now or late of Glenn L. and Mary E. (Page 2 of 3) " OOOO? ikO' " " NUMBER 2,281-5, SCHEDULE C (cont~nued) . Crider; thence by lands of the same, South thirty (30) degrees fifteen (15) minutes East, one hundred twenty and zero hundredths (1.20.00) feet to an iron pin, a corner of. Lot No.3; thence by Lot No.3" South fifty-nine (59) degrees fi,fteen (1.5) minutes West, two hundred ninety and forty hundredths (290.40) feet to a spike set in the eenterline of Township Route No. 31.6; thence by the eenterline of Township Route No. 316, North thirty (30) degrees fifteen (1.5) minutes West, eighty-six and zero hundredths (86.00) feet to an existing spike; thence laong the same, North thirty (30) degrees fifteen (15) minutes West, sixty-four and zero hundredths (64.00) feet to the point and place of BEGINNING. CONTAINING: 1.00 acre. BEING THE SAME REAL ESTATE which Glenn L. crider and Mary E. ~!:"ider, husband and wife, by deed dated September 29, 1986 and recorded in the Office of the Recorder of Deeds of CUmberland County. Pennsylvania, in Deed Book "F", Volume 32, Page 385, unto Ivan Z. Leid and Ellen M. Leid, husband and wife, the grantors herein. ALSO BEING the same real estate which Ivan Z. Leid and Ellen M. Leid, husband and wife, by deed dated May 8, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 177 Page 1, conveyed unto Gerald Eberly. ". (Page 3 of 3) 00008 " ,.~~" ~ ~, ;: 't. :' .., u I......:.... L. .... lJ '.. _iii,,", ". . ~~ i """' ~ ;~ " \'\ <;> ~~ ~ ~ \-, Jom:lEAt DAVIs lntlu.t.'\.di ......lLll..'..'...u, 6. fin... ... ", IN THE CODa! OF COMMON FLEAS OF IN R!: COND!MNATI.oN OF EASEMENTS AIm .FEE SlKPLZ INI!ttStS IN LANDS LOCAtED IN SOUTRA."il'ION 'TO\1NSHlP, CUMJEP.U.ND COUNTY, PtNNSn.VANIA, A.'m SRIPPENSWRG TOWNSHIP, CUM!EllANO COUN.TY, lENNSYLVANlA, 1RESENnY TI'TLIll IN' CLENN S. AS!'!.!.: OECllu:a !Wl.NER, ADKINISTU'I'OP. OP THE ES'IAtE or KATHRINE: F. RARNEaj BEllO CONSTRUCTION CORPORATION I A. H. BISHOFF I JR., TlWIING ~D :DOING lIUSlNESS AS MDum:AIN MILK COMPANY; lDtaN H. cRAIG AND .. ~ ... ElIZUETH S. CUIG, HIS VIFEj OTto M. HUFFMAN AND MAltoMET B. HUFFMAN I HIS YIFE; 'PHAUS NOLT AND ~A MAE. HOLt" . HIS WIrtj WOLD D. MILlon AND NIliA l.. ~ . l: / HILl.El. HIS WITE; CLtNN L. CRIDER .AND 'lZI !:S --= }o'J\.R't E. CUDEP., RIS WIFf; WIU,IAM C. NEIL AND RUTH t. NEIL, HIS WIFE; HAROLD E. RtED AND KEF.O~ B.EED I HIS WIFE; HIUAH J. REIGLE AND EDWARD L. ~ ~~~~~ :&:EIGLE. liER. HUSBAND: JOHN M. UPPLB ""Tl~C>~"" VIltCiINIA L. RIPPLE, HIS WIFE: BEtTY L. ::r~~~~ LYNCH; DONALD L. COY AND 'PATSY A. COY, -.'j -S:-f-"":;: {to$. HIS WIFE, PAUL H. KARPEl AND JOANNE ~ 1<AR1'ER. RIS WIFE.; J. HAROLD HOLTRY ~"D .' FLORt~CE BOLTaY. HIS WIFE; aImUBD J. SHOOP AND LEORA B. SHOOP. HIS WIFE . t \.,. BY THE(C~~P.l..AHD-FMNKLIN JQ1RT MIlliJCIP}J.' A!lJ_B~Q~I~ FOR SEWER .SYS'I'EH PUlU'OS'ES NOTICE OF FILING OF Ili:CLAltAIlON or TAKING .-<t~d "~~ " 'ctlHBERLAND COUNTY, PENNSYLVIIHIA . CIVIL ACTION-LA'\.!' NO, 506 ',(:.lVII- 1976 IN 'DtIN~r DOHAlR '.'. ;.~::;:: To: The ~ecorder of Deeds, C~erland County, Pe~nsylvania I 6+1; day (pu~ping etat~on~) in the fol1o~ing prop~rtiee ~ere CWIlbedaud-Franklin. Jo1c.t -Municipal Authority: condetnIled by the , ' ,,/)j y.if'. ~7 )//1""5 Pro'J)t:rty ~ 1. Premisea in Sou~hampton Tovoship, Cumberland County, Pe~nsylvani& I. Glenn S. Asper 2. Premises in Sh1ppeneburg To~shipt CUl:lher1and Couc.ty. Pennsylv4Il14 George Barnor, Administrator of the Estata of KAthrine r. Barner 3. Preataee in Southam~ton Tovnsh1p, C\l.lIl'ber1.nnd COWlty, :Pennsylvania !ero Construction Corporation " I.. Premises h Sh,ippensburs: Towship, CuDerland County, Pennsylvan1a A. H. E16hoff~ Jr'l trading and doing business all Mountain Milk Company S. Prem.1.rU!:8 in Shippensburg 'township, CWll'berland C:ounty, hnnsylv.ni4 . Ed\l1n ll. Craig and Elizab~th S. Craig, hie ~1fe Prem!see 1~ Sou~hnmpton ~ownehlPt Cuhberla.nd County, Ponnsylvnnb Otto H. Huffman and HargD.tct l. Huffmnn, his ....Ue, '," 800KC(27 ,llff 419 . .,..... . .." . ., .. ' .. -..~-J~~~-.~.... ;.:;:~i~i.".::~~F:7.r.-:-;~:::~:~ --. -" .....--. ..... ..' ~ . .,' '~';: .:~:';:i~.~;'.. : ,,,-~~':-,i. , ".,. ..,. .'""-' .:.\ .. ',.. . :~'.' , , ~~,~..:: "!:;, :- 00027 -""-m~ B ). " - ~ ' ,'t, ( , 1. :; < , , E . Ii 1: h- 7. Pr~~iseB in SouthaMpton Township, Cumber14nd County, Pennsylvania Phues Nol t c.nd . Anna Mae. Nolt, hiB ",ife Buold II. Miller. and Nin& L. ,Miller, his lJ1fe Clenn 1.. Crider and. +, I Mary t. Cr1du, his vife ,1: William C, Neil .!l.nd Ruth E, Neil, his vito' NaTole. t I Reed and . XeTon ~eed. his ~fe Mirialll J. Reigle And td~ard L. Reigle, bar hUsb~nd John-X. Ripple and V1rgin1& L. aipple, hiB Yife Eetty L. Lynch ~.. Don:lld 1.. Coy and '" Patsy A, Coy. his ~fQ Paul R. Knrper and Joanne Karper.. his wife . J. Ha:rold Holtry and FIClrenc~ Holtry, 'his \life 18. Premises in South&lIlpton Township, Cumberland Co~nty, Pennsylvania Richard F. Shoop and teara B. Shoop, ,his t.1ife - A copy of said Declaration of Taking 19 4tt~ched hereto and ~n4e. 4'p~~t '. S. Premises in Shippensbutg Tovnsb1p, Cumbe.rlAnd County, Pe.nnsylva:nia ., '. ~ ; . '.. . \' < ,. 9. Prem1ses in SouthDlIlp~Ob. township, CU.lIlbe.rl;md County, Pe.nnsylvan.ia 10. Premises in Southampton TownshiP. C~berlaDd County. Pennsylvania '. ~'. 11. Prem1&u in Shippensburg '!o\lt\8hip>> C~berland County, Pennsylvania " I " (. > \' I. , t " ;1 ! ! 1 J ! . 12. Pre1ll1ees in Shipp~nsbu~g To1it\sbiP. Cumberland Coucty. ~ennsylYania 13. Premises 1n Sbippen5b~~ Township, C_erl:l.nd County, Pennsylvania. 14. Premt.SCB in Sh1ppensbuTg Tovnship, Cumbe.rland County, Pennsylvania 15. Premises in. ShippensbuTg ~own$hip. Cumberland County, Pennsylvania 16. Premises in Southampton Township. Cumberland County and rr~n~lin COUDt.y, P~nnsy.1,vlln1A ' 17. Premises in SOl,l.th8.lllptOll 'Iotmship, Cumberland County, Pennsylvania I I .. I i "1 i . , Ii :,! I :':i. :\ :\ I ! hereof as Exhibit "All. H:tRtA'DAVII "'"u.nlnLa" Ilto'f.l.\.c,h..n.,uu 'e..... '~ , . " .., I __ I ~__ MCCJ\EJ\'!.;DAVIS .' , ..~:" i};f;: ML'(~)-~': . Att meys for Cumber14nd-Frsnklin ',' JoliI t. ~uni.c~psl.. ~U,~~ority , . .t.;.. '. "'" ~"" "/" ..r. '. ... r.'; .,;:. .~.. .:,;;.(..';.: :' .' ., .. ,',I ,~.... ;! "j \..\.... ...:.... ",' ". ,f" --:-...:.:.:::..- ,'. eOOKQ27 rACE '0120 . .,:'-:- . . . . .. ...._ "._,_~,________._~______"__"_'__,,~'''''''_o--:;''_.__'__ .' . ,,' ~ --...... ,.-.--.-.... i I j' . I .J ~ 00028 ',WI1__-~"'~ }[' , d~ -~~~._~ J,'" _ ~bIl\'--"'" 'lli'-',; - , .' .:"~ .,\', .,' ., ItW"-~ ..' I I" ";""':''':. ..' ; ,'i':. ,~,,~,~~;:.~::'::'t:':'.~1 ~1''''~Ih..,....".\. '1' '~"'\:ffl' '~:J',,~.' . , I.. .'-' I , , ,. " .~" ~J. ,: : .1:' , '. .' '. r' , 4 , , . , , 1 .' : 'i~ . ,. ,,'.-., " '. .! .. . ~!.. ". "1 ,,, , " .' ,. " :.... .< .. ~\; , ,'. tot~c.c~.c DAVit . ATn'"'' .u,I.a.. .....'U,llh'HI...... ,.~ .' . .~.,(.. .~__h_" .._.....,~~r..............~ ...........~ p,_ _'.__.~. .., . ,"'" . ~ <' i..::':. .... ." ' .": "n:.. .,) .:':~~.::;.J:r'.' ",:..:~~ "'... "., /' ','" .... :~j >'~I '. ''', : " ' " ., ,. IN THE t;:OURt or CCIiHON PLEAS 'Of IN RE: COND~HNA.'T10N' OP EASEMENTS AND tEE SDlPLE IN1ER!S'tS IN LANDS LO~TF.D IN SOUTHAMPTON TOWNSHIP I CUlBElU.A.ND COUNTYJ PEllNSYLVANUt. ANn SEIPPENSBURC 'rOIlNSRIP I CUHBER1J.ND COUNI1. PENNSYLVANIA. PRESENTLY n= IN CLENN: S. ASPEtl CEOlGE !.AJNE.1l.., ADMINlSnATOR OF THE ES'IA'IE or KATKltIN! 'F. BARNEll.; nltO cm:snUC'IION COP..POIlJ.TION: A., M. !IISHOFY. JR., TRADING AND DOING BUSINESS AS MOUNtAIN MILK CmfP!JN'I. j EDWN H. eMIG A.NIi E1.l'ZAll!11l s. CRAIO, HIS WI?E: ana K. HUFF'tiAN }JU) HA.RGARE1 B. BtTPnuoN, HIS I "'1Ft; PH.WS NOLT AND'JJlN.&. MAl NOL':r, " I.. . \I~; HIS WIFE; HUOLD 'fl,. M1Ll.D. ANtI NINA,L. I.,,,. :",":1~,.~'". ','<. MILLtP., llIS lr1trt; GLENN t,' CRIDtR. ~ ,.1, . ;..'" 'j '.j'. \{-l., '. ';' MARY E, C'RIDEll.. H1& VIrE; WILLIMf.~...... I,...:,~:;,.~::.;.~....":.: ;.: ,';"" NEn. ANtIlI.UIH E. NUL, HIS WIFE;; " 1 . ::~. !.,'J.". '. 1, . HAllOLD E. ItEED AND KERON 1tEI!.D, KIS ~ t " . '1 'I.''" , .' :-','.... lUTE; HIl\IAH J. UICLE AND E'D11J..2!l L." "f. :....... ;.~::~' . :~ :: REIGLl!, lIU HUSBAND; JOlIN K. iIPPLE'AWD ,..: '.":.';.";:...'. .;.':' .,':,; VUCINIA L. UrPLE, llIS WIP!!:I Bt~ L..'! ~,:',~:i:,:~;?~':;.~t..;...:.~: .;..~. " LYNCH; DONALD 1.. COY IJro PATSY A. COY, I. :'i,..!..: ',~~:r .:: >.,.\ "'~l HIS WIFE; PAUL H. UltPER JJlD JoANN!' , {,"~.:. ,',.." l ',~'. . kARJ'ER.. HIS IJIFE: J. HAROLD HOLrP.Y AND i,' ,::.:'. ~ '1 ..:....:.:.. :>,~.'. F1.0R.t.~CE HOURY,' HIS VIFt; R.tCRA.iD F. . ;: ;'. ~:"" '.. . . ~. . SHOOP AND LEOP.}."B. SHOOP. HIS 'WIF!!" I .;. .... !Y Tll.E CIlllBERIJ.Nl>-I'PJJlXLIIl JOINt lIUNICIPJJ. AU7HO~I'ri PO~"5M~' SYSTEll PUlU'OS": .' DeCI.tJUl'rIONoPTJ.niiO::~:'~':.::':"'" 1 ,. ~BB1J"ND COUNTY', PENNSnVAlfIA '. '.' CIVIL AC1ION-UU NO. '. . rt, 1978 '" " I I , ,. ': t '., .,' I , . ~ " " . . . '. .:; ;.~,. EMINE~ ~OHAiN' .'':-:;....;,,: I ":/ . " .\ . .~ , ....., Nov ~c.ollles the 'CumbDrlaN:l-Franklil1 Joil1t Municipal"Authority and hereby re~pec~ful11 4~la~6~~fhatl . ',1 ;.'.1 '1. The. CondelDllor.1s' the Culllherland-rran\U.1n .Join~ H.un1e.ipal Authority, an 4uthority h4vinS bun incorporated put"Buant to Ordinan;e.s. of the :&oard of Sup~rv1BorB DE Southampton fown,hip. Cu~~erl~~4 County, Fennsylvania; tbe Bond of Sup.tvi.aqn of SouthaClptol'l '!o\.l'nahipJ 'Fnnkl1n Count)', PennaylvD-nia; the. Board of Supe.ri11lJ'rs ot "Shippe.n8bura- TOUTIshiPt Cumber14nd Count)', . Pennsylvcnia: and the ~ouncil of the Borough of Orretown,.Frank11n Coun~y. Pe.n.Q.sylvania: h&viug its office at Soutnampton Iovnship, }l'nnku'n: County Hunicipal Building, Southampton tovnehip, rT~nklin County, PennsylvaniA, Star Route I, Sh1ppensbu'rl. Pennsylvania. . 2. The 1ntDrestB in an~ to' the propertieJ described iQ Exhibits 11.-1 through A-18, attAched herate and made a part he'rBof io hereby conde.=nad in ea8e~ent or right-of-way and 1n fee 8imple by the Conde~or for sever syatem pu-rpo&es and pwtoping station sites incident the.reto, pursuant to th.e kct of M4y 2. 1945, r.L. 382, Sec. 4 and S~c, 11 (53 P.S. 306(8)(0.) and 31~), &1 aut.hod.ze.d -by B.esolution adopted De.eellloBt" 15. un. by add Cond6mnot". It. copy of Raid Resolution 1a.attnchBd bereto and made a part hereof .8 ExhIbit B. The original thereof may be e~m1ned at: the addreu of tho. Condemnor. 3. Tlte purpose of the conGelllX\atiotl. 19 to I-cqu1re eaac'QI.cnt8. ris.ht8-of~ey and fee eilllple intenstS 111, cDrtairr. real 6B tate for the eontJt:ruct1~n of a '&n1tAry Bever eysteD and pumping station sltes incidel1t thereto for the prov1- ~1on of B~rvica to resident. of tho ~oWDahi~ of So~thl~tonl CUlllbarlaad County, PennsylVAnia; South$mpton tO~8hip, rrarr.kli~ County. Pebhsylvanin; Shippenaburg Township, Cumberland County, Pennsylvania: and the !orougb of OrrBto~~I' FranUtn CO\mt)', l'cnueylv&n1&1 said proposed U.tlit6r)' 8e"'~r aystUl being neceSSAry to provide for the public bLRlth and velrare. Et. ':A ," ~OIlI:Q27 DCE 421 ~ __.___ n__" _,..___.._ _... _...,. ~... . ____....._ ...w_____..... , - . 00029 ,~,,,,", ~,. -~ ? ~~ '1- . " I-}::.:~~~:~.~ .' . . "."..", .....: \ ., ,. I , j. It I,j. J .. ( ~i " J;' 1.., f,~:','" ,. ,', ': ;' I'" ,J' " j ~> , .,:, '. 1.;';'1,'" ~'/" ,~:' , , ~ t i I r I i i i \ i , , 1 l' .. .' : l .. ., ,.: , ;~ I'. L'. ' I.t.... ~'. : f.:~' . .t." 1"'; .... " .')" j.....! 1','" 'J" I of.' f ." . "j. .(~ ,l i: ..: , '. " .. . " .. I ; .. I , , I ' , I ,! I I I 1 \ \ ~ 1 : i I":: I ;.. , ,:",.1' ..;--..'j;. ,.,.' '.'" ",(, " ~'<. .:: \':.... ~.i" : Nc.CIlU.lOAVI1i ~ ~ 4. Descriptions of the properties condemned sufficient fOT th~ir identification are Bet forth in ~hibita A-l through A-1B, attached harQto and. macle .. part hereof. S. The nature of the. titla .cqu1rad. in and. tD said property are B~scment. Dr r1ghts-oI-vay and fee simple tntere~ts for the con&~ructiDn of a sanitary sewer nyate= .nd ~umpinB .ites incident thereto, s~bject to the terms ~nd cOngit1on. a8 sat forth ~o~e fully' iQ P~r&8rGph.4 of the 10SDlut1o~, a:copy of which i8 attached hereto as Exhibit ~, and which is incorporated herein by reference .as if sallie \lerD Jlllt forth herdn :in its ent1r,ety. ' 6. Copies of the plans shoving t.he eondec:ned proper-tiu olI.U Ilttached hereto ~nd ~.de & part hereof ae Exhibits A-I through A-lB. the plaus ~y be 1nlilpaetGd at tho. :uidreSlil of the cOl'l.do.anor. 'In ac:cordauC:ll dtb Sact1ol1 '04 of ~bc: Eminent Domain Code of 1964, this date, c:opi~ of.tht; declaration and tha said. plane are being ttled 1n the Office of the aecorder of Dead; of Cumbc.rllUld Count" Pentlsylvania. '. , j 7. The Condcl!1hO'J: Hiu ';lith thie Dcc1.4rs.t1on of Taking ita open-cud bond ," vitnout Qurety pv.nu..:at to Sel;tion I,03(a)' ~f the. Eminent D01=.:l:ln Code at 1964. Jyst comp~eat1on is made or ~eoured by' the fillns of eaid'houd, attached hereto aud ~adll B part hereof'sa Exhibit C. I , IN ~TNESS WHEREOF, the Cumherland-FTanklin Joint Municipal Autho~1tY, Cumber14~d County, Pennsylvania) and Franklin Co~nty, Pennsylvania, h.a caused this Declaration of Taking to bo executed 00 ita behalf by its Chairman, Dttested by ita Secrotary and its seal to be hereto affiXed. ATtEST: CIJM!E~":,~Ia.IN JOINt HONIC.UAL AUTHORITY :' 'Y'f.M~~1..,t.(Y/L/h7/-''''~ " . "..' \ " , f'~_ +f SecretAl')' Irt} ~~: : ), " COMHONIn:A1.'IH OF PENNSYLVANIA: ; .as COUNT'{ OF l:' .. ..T~'''''''''''''N~ (?,JI1:"11MJH...,+-J " being du.ly B1.'OrD. accordins to 181.', depDsos and sa s that he the Prosident of the Cumherland-!rnnkliu Joint Huni~1pal Autho~ity, a~d Illakes this affidavit in ita behalf, peing falll1l1.o.r vith th~ facts alld havinl!; Authority 80 to do; And that All of. the &tAt~ntB 1n the foregoing D~~lar4tion of Taking are true.and corr8et'~o tbe but. of his information; know-led:ge and. belief. . ~"'4/ 0/hr~,",7Af S~orn to and IUbscriped bef~'r.~, me th1s~ay of'~f'J';'MlnAI ,1978. , ;'1. - " . . !;L ":,'1 ~ r. " ,J')-,oo'\I......"J : Jlld,;~ , .':. .',Not"ary Pu lie . : '>I!~.r'f . ..." tlUl'ltJ.l.\lrNlcl.,NOTAJ:VFullut ''':Cat'M.ol.Il'rOi;II~'.. r::.\I1::UN c;olltm" ;:f 1..i,''':'I.~'l t~,"':.. IMY lIS, 191' t1lQbllf.r~r.uf;W'ulU:'')c.\:1i~nA: r",wIN ;-. ~ ' '. '. ", ~"...rt..t ""f11 ',~', 'If",,'~"'" hl,,,,,..,,U .u.... "". : .'~ j "I" ". , l. ,'t' , , , I '--., -=.:...~ .... 81lDIQ27 fACE 422, , ,... . ,-....~..- -~.~_._..__._-=----_.._. -------.---- .....,. , "" ,', if.' I .:' , ...-. " 00030 - ~- , ,"" - ~ ! ~{r';:':':T' !?'\!f.~ ': ! ~;f :'..:':::?' ,;" ~ \:~ J 1'~' . " ," ,,' , t" " :t<.>.: ./ ", " ~ '-I r , '. , .' ','. 11;"1 '. . ., ~i' .J.. . t~ . , . " ," , "i: .' , ,. .. ,- I;':: .~. :jfy', ~~.. 'J H, rt~ " /'l"':" .,,' ',.',' ~ ~j' '~r .' ~I ': " J~:,' ,1 '1 :..:. " ,I"~ .,. ;'~~ .'~ ~.."l .~i.:~.,~~. 's.t !'. ,',0 '.. ;,~r', :Y ~l, :. .~t}~j'~ ~; 1. ... .:' : :ir';:; ~ it f ;{ ~~: :~ .'J. .: '. . ,JIICIU l ","utA , Anw"QIIll,U .....gJ:'II..~I...P. ,. ...... " .. '; . ~-' ~;J' ~h~t"~X; . . I;;!~ . ...,,:r.'; ':.':"-1 ; l:'~..;;., ,. '.' CUKBElU.ANn-PRANKLIN JOtNT MUNrCIP~L WTRORrIY ,... -'.. Cumberland County and rranklin County. 'ennaylvDn1D " JtESOLUTtoN \lHERE.AS, t.he CUHIIER.LANl>-n.ANKLIlI JOINT HUNIClPA.I. AunlORI1Y (thD '~:-,-- "Authority") 18 .a a.uulc1pal1ty outhodty) 1neorport.lted, organized .and existing UDder provisions of thl!. "Hun1rlpality Author1t1es Act of 19/.,5" f approved May 2, 1945, P.L. 382, as ame:nded tlnd aupplellf:nted, of the Comraon.. , vealth of Pel:lnayhaoill (cbl!. "Authodt1ea Act"). thil1,Au'tharitY having been ineo~orated purauaut to O~d1t1nnCe8 of the BOA~d of Supervisors of South- 4~tO~ township, C~herland Couccy. Pnnn~ylvsnio (dUly enacted ), tbe:Boa:rd af Supa1:Visors of.Soueh411lpton 'r~.ahip, Franklin County, PeDaaylvatl1.a (duly en4ct~d ), the Board of " Supervisors of SbippenAburg 1ownahip, C~mb~rland County. Fennaylvania . (duly enacted ), end the Couneil of the BorouRh of .'j ); Drratown, Franklin Coutlty. Pennsylvania (duly enacted ..d :' VlIElEAS'. tbie AUthor1ty io engas-ad in the COflBtrl.lct1rm of .a unitary 8~er "stem fo; the ptOViBioD of &erviee to reaide~t8 of the TOYnship of 'f " . Southam~toaf c~~rl.pd Count,. Pennsylvaniaj Southampton To~ah1p. ,( , I; Fraoklin COUtlty, PennSylVAnia; Shippensburg Township. Cumberland C~unty, Pe~Dsylvan14; and the norounh o! Orratcun. Pranklin County, PennBylv~niA; ""d UUEXlAS, this Authority ia unAble to negotiate the acquisition of , and certain tra.cts of land for bumnin';' station si tes eertAi~ ~eme~tslUece99ary for tbe construction of 6&1d auvor sY6~em. NOY. TBEREFOIt!. BE It RESOLVED, by the :Board of the CuHB!Jl.LANO-fP..ANKt.lH lOIN! MUNICIPAL AUtHDRITY. Cu~ber14nd Couaty Bnd Franklin County, Pennsylvania. and it her~by is tesolved by the Authority of the Bnml!. D8 fo1101013: 1. !hiB .{uthority. pUE"BUant to tbe grBnt of the power of e.minent dom.ain. In Att of May 2;,.19ltS.,P.L. JB2 = , and G 11, all .ll.GlI,:nd.ed and supplelllentll.d, ". BOO!027 r4C[ 4~, , / ,.," 1/ cX. B :'''''. , ! ..,~.....""_ . ..__~'___ ~__u~_ 00031 ~ , y --~i- "~_ 0 'W ~ 1-"."..".,,',.... ' 'r.;..:' "r~ ":i:~'1 'e..:; ,.,; r'o' ,.. " ,.....~ j'i" , , t!~t::!':?':' I ~,~:".1 ,i..:,;;l'Y : ~ I ., " " .' t; j~ " ..i "',:; ;', I;,'" ~:.,.,; ) ': ~,;" ~~' t,rl, " : I.. .. ;I.r.:' "}.'''~I ~.., 'r' :,~: ,~ " i..,. ')"" ,jr fl'.'. ~T ]. ,.\ '.", :ri" \\' ~~, ,~~ ':':- (~.. 'jl,.? ., >:~'i., 'C': " ,~g. ~ ;(,tl' ~ ,:~ .: '!,:, tl,;: ~, Jl'''''" ,." 'I" t 1~ "'1 ' " t~t;':~,. ., .~~'&:'~:':~ . "f"f '~~t: ~.' '.:\'" E 1 , ~ ~ ;: ;; , , . , , , . ( I j , I I i , , i l },<:S :~;~~tf."> " .;j~:',,;:, "; . ~' ".'f-' ;:'~r ;;, ~, , t':r\:::t"":'i ',.... S. :;"~ ". "',," \~ . ,. ; !~~~p< >.. 1..1.,1", .,~:t'7.~~,:'; tJf' '~'~~'I~ "I .t~~d:'; . ,,;'t :; rl:{ f "f ,.l .;:' '. . ".~ MlcatA 4 ""tetrA, "~"',,~.",..1,U." 1.':,,~I....'''...... '. ~.: 'aaa.l. :.'. " " \: ,,' I. '.l. '-I., , ,p , ~. '-..,.... , '.,. (53 P.S. 306(B)(~~ ~J 314) ahall ~pp~opri~te, by conde=nAtion proceedings. l "anl!' certain tracts of land for um in station sites t.he certaiA euce.!iES u S l:l-D -VU :i ua'e, an oca. e n e OVl\e:n:r--' of Southampt.on. C~bcrland County, Pcnn,y~von1a; the TOYnshlp of Souchampto~) Pr4nkli"u Couney. PaDnsylv.oI.nia; the !0U'Qsh1p of Shippenabu'C&, Cumbc:doll.d , County. P~sylvauid; And the Borouch ~f OrrGt~, Frankl1n County. ,t, PetIDeylv4~a, and more fully descdbed as BGt .torth in the at"t.oll.l:hed' !. ~ I ," " 8du~dulna, "'hleb .aid f,tche.dulol, beins'marked If II throuah II .'. 41'e . , hereby i!lc.~rPo~ate.l3 herein by reInence hereco as fully aD 1f same un~ set forth in the.1r' entirety. I , 2. The Chn1~n anl3 Secretary of ~. directed to taka all StC!ps, 4,0 all acta '; aDd de11~8f ali'doCumants necessary And th~s Aut-hodc)' are LLut,~l)r1t.(!;d And, And ~xecute, ~ttest. ~ckno~ledg8 npprop.n.4te to effect the forogolng'...'. , " c0l1de=tlAc,1one t.o ~oc1udel bu,t not. limited to, the pTeparatlo!l" And f1ling of Q De~l~rAtioll. of taking. And payment of costs, fees And daMages. '~nd certain tracts of land"for urn inq station sites 3:' PlAns 0 BAsemen 8 an r g ts-o ~~3y' 0 e can emne purDuant to thls tasolutioll. sholl be ~ihtainod a~ the authority office at R. D. .3, , Box 10, Shippeft,5b\,1~g, Frankliro Count)', Pennsylvaft,101., And. shall be made' , availab~e for lnspect10a at t'eaGonable tl=es by interesc,ed persons reqneBtlns Buc:b inspection. J,. ''rb.c! nacuro DE. tho- int"ereste to he appropriated 1s as .folloIol'B: lea) An eAscment'and a free. uninterrupted, and unobstructed .righ~70f-wny for the purpose of installing. con8truct1n~. crcct1og, l~,lng, using~ oper~t~ng. ~1ntnin1ng, inspectins, remDvlng, rep41r1ns. ,relay1~g. enlarglng, *ud adding to from tl~n to time,a Be~er lino ., ineluaing conduits. pipe_. manhole,. drains, and acceaaories Dnu nppurten~eea. upen, over and under the above-described lands of the cODd~ee~. together uith .11 rights of ingress. esresa and rcg~ca8 into. over, upon, through, along and froD sald lands uhieh are necea..ry or eo~vonient' for full ond co~plete.use by th1a Authorlty, ita successors or asaigns, oC the .~d right-of-uD)', and for the cxereisa of s~id rights and pTiv11~Scs to be appropri~ted; ~o p~ce.curface ~rker& beyond 8~id casement, to clear Qnd ~ccp clear~d ali trees, root$. brush, and ether obstructlons fro~ ....., , 8001 Q 27' lACE 4'2~. ';, ...-., ...~._.._.... --------,----- .~-~_._.._.._.,"...,-,'" -...-,-..-.,.,..." .." ." < 00<lli:~ " , , , ~'" ":' ..' '; , " . 00032 'J!!I'=..... '"', llll ~ I' I I i I i I I I l i I" , I I I I I ! I I I I !. I ...j.- ~ti~ ~~'1' .. .;--If 1,1~l>'lf~,J;.'.,;., ,r... .e~t:.~~..: I .(jH"'~-/:"l / ~':",.,::>'r.' 1..:.l~\' ,r t:, ~': ~, {.Y.. J:;~:.:. ,:\:' , It.' . ~~:':, ~,.. , ?tI. .' l~,:. /f~~~ JI'~'" ;f(" il)~f:::" r ,\+", IY:' ;W;;.;. 1t;'1I4 , i~:':": . . f!"( ~~ ' :(;: ~ ~: I ;t\:~:,t~.,;, IT'.\i:'' ~.:~:i,.,'. :~ >: ~,!~'.. .:: ,,',.:~!, , 1':~ \'\ :.,;, '~ft, ~~ :[,t..'i":~., ."......, ',- ~ ~,~: I'. \~r 'H,~;".'. , . ~ '; J~:,',': .. ~(, ' " Co,','" :l :r.' ~ ... :,~t.....t.,... i.~~~ It i~ ~~~-:r! , ~ /;' .~} 1 . ~J! <.~' " . '," ., : ,. ,'. the e~lac~ 'aod .ub-eu~E4ce of said right-of-way, and to inetall ,. " glt~e ,~nd .~yle8 in any,fence croaBing said r1Bht-of~ay. (b) Durins eoast~uct1on, r~pl~cement O~ repair, this ~uthor~ty shAll be enLltled to US8 an additional ten (10) feet, -Dore !,r leel, on eaeh side of the said eUe#lent to facilitate eoaatruct1ou. replacemcn~ or repair. . ,,: , (c) 7hi-':.~lIthor.1t)' ahall, in c-or.n.ection \11th the exnci8e of AI17';,t1ghta und6r tbe appropriated 6UClfIent ot' d,&ht-'of-VllY, r~,~orc the 8urf4e~s of eaid ea6ement to, as nearly a8 practicable. " ".,,';:' ,its coatour'~~ condition AS , " exiated prio. to the exercise of any ^' of add rights:' (d) COQd~ee8 shall have full use And cnjoy~ent of said right-of-vay aurface except for tbe purp~s~ her61~, to b~ 'appropriated. and p'rov1dcd, bDve.ver, thal th. s-dd Co~delllQeeB "'. .' , ' , . .sh.:r.ll Dot COl1struct or p,e:r~it to ~s con8truc;.~,d or Uldnta.ined , Any hO~BCl. ~tructure9 'or obetructione on or Dye.r said easement ,'nor dO~'lIa)' o~or aete ':'hich 'vi1l1\"jterfere \lith the con5tt'uctlDn. m.llla.te.~azu:e"or"operat.ion oE any sewer line or .nppu~tcnanceB . conatt'~rct'ed '1t\.""~ounection therevirh1 and furtht!r. 8~id Con- .'.' '.. . dtllll:l:l.ce.a .ball ~ot &..ave: cbe. right: to '~h,lnge the grade: oyer add $Ner lbe.. ~ .., (e) Th~"'r1~ht-of-\lay and eUClIleJlt hercby to be app-ropril:lted shall bo Bubjl!.ct, hDIoIo.ver. to the r1~hts Ilf the- Condelllnees in e.he .future d.eveloplIlent of the real estate! .,djacent. to tbo . r1ght-af-w.D)'. t.o layout and de~'1,C:"te a stree.t 0'1: IItreota on, upon ~ over uid- right-o~-w4Y.: ,. ,,. ': '~f) A f~e simple interost in the certain tracts of land required for. pumping ~tation sites. be S. All resolutions or' parts of resolutions, insofar as shall inconsistent herewith} shall be and the same are expressly repe leI ", :' ~UU,I "~II;.EA DULY;AOOP'l'ED by the &oar~ of the CUM.B!.RLANO..F'AANKLIN JOINT ,~i'h.o'"!.""""''''"..., :JIlUNXCIPAL AtlT80RJ;,'l"Y, Olmborland aha .Pranklin Counties, Pennsylvani .-.u"!'!:<t~, ;~s .B:!dtJ.y pf",MI"MI,..", J 1977. in lawful session assembled. , ,""'~' I", \..'_,,,~ ., to' ,~"'L., d,,>';' ~, !."i~~.t: :~'., ~ ~"$/ C',,~ A,k:.~l\l iI"?:,,. . .,; . .' Sec:reta~ .,' .~~:.... :~''''}'I,{SE~) .... \~.. CU!l.BE~D"FAAN}i:l,IN ..70ItJT MUNICIPAL BY: .rrri,o"'~. 0', C.lt'~s"'o,..{'h Cha1rman locq!n ,m .425 ..",.I;, ,.....,.-."..-~ AUTHOR! Y. .......-_. 0"" ' "- ~~ ""'-'-~ ,~'" '~"'$ , . , ..:........._...."'.~..,. ",....' ..'"..........-....',~... ..... ~_.....-.-...-..._...".....'''..."..............,._-..~-'~......'',....................-......~.......,.":""'......~<=;..."... ~ , I' ~ " " .' '1\ " ?:T. ~' ~, .: l! ~' I ~ ~ .' .. , !i ., ( ~ 1 "I' i Ii ... ~' L ~. t i ~ i' ., . II ii, ii' :: 1: ~, ~ I l! f I ..:l .... Z ~ 2 0:: o "'1 ~, ><1 '.. ~, '",1 ...:l ':::! t~1 'ill . , 1,..-. i ,I I , \ i j I ~ .. ... .. . ~ ,,', . ", !~:-1'~:;':" KIW\4 AI.L tl1~N DY 'l'I1!::Sr:: P1U~St.~:rs. th.::lt the C~b~rland-Jo.ranltl1n J,)1l\t' ",' HUll i l' 1)1111 ^ut:"hur J cy. ;/ corpoTllt1an cxbt:"tnt \Imhrr,: tho., .J.::t\Jv, l)f{,th(J,:~OIl,ll\l,1or:W,:o,ll th , . ~ ",'." ~ '. u t J'~'llln:)'.I.v!.lnl.o. her..: l.nn.!ctlr cAlled IIObl1Soel., is' hclcl, and ,Urruly,' boun'" ',Utlt',"), "', " , ":":;"" .".,,' the COllUnol1""(a.-~lth of Pc.nn~ylvol1ill._ hcrcin~ftor,C',Qlll.tl Il,ObUAoell fpi :tiuLUAe .and , ,'.' ,~! . . . . ,..' _ ',', \.. ' ., ~ bunl,!Ill or the OWMr or DWn~c" .af th~ properey Aflntl~'ruif'$I, :1,:Lh.{'~~i~'1'~~c..r:;no~f.!~, , , "~ '/" " '. '.;';. , , omd other prop~r p."rtl,al:i .in 1I1tc.rc:::>t.. for' Quc::1I ,'l\m~lunL 11f. d?~~~~,,!lr,::~hc "fiI:lhl ' , , ' . ;1";; ;'" u\oI'/\t'r "c OIo'Il11t:S (Of the. suid prop~.'rt)' And Otll(i!~'plJ.T"r1N': rn'illrc.'r~l.t '!ili:il1,hl' 1':' ",t'ith',! lu rc~c.i\1~' nfter the S:ilfJe shall hlloVC:: bel'::! ;1/;1'0'",1 'l:.,.n or :nll:<~'s'~I;,J in lh<' Ill,nlllt!r JITCs.c:rlh:;l by 1.,..... by rC1l!:an or till"' 1'1111.11"'''''''1 "'II 1"/ thlJ {;uNha'rl.:mu- .' , " ft"1~: ':Hllnplc':,J iltb.roll~f\ FnlllklJu ,Joint ~luTlJc:lpt,J ^L1t.h~rLtv nf 1".t'I:II'1 '::""'1:'<'111:, ;11U1 CitlJiUl:d "nd locl:ltC!d :Ill tIH:-:r.:"':'~hil' .'1 ~tIULh.'lillptr'll t.lnd .i-')lolns.hi-p)('ShiP.ren~~uqh .', '( . ~ " 'i ~:j rl \: U [,~f"""!'l"'" ~ , , ~ I; ...". ;,-"i: " , ~:.. I, .,,;',. . ~:: :~. , ,,~ . '1 '0,:'1 : , ~ >:: .. " ! :1: " " ,., . 1 IJ .i ,', ,"^ ll\m~,:" " (717)399-2267 February 9, 1999 Chicago Title Insurance Company c/o Joel R. Zullinger Hamilton C. Davis A Professional Corporation 200 Chambersburg Trust Building Chambersburg, P A 17201 Re: Chicago Title Insurance Title Commitment No. 2281-5 Owner's Policy ALTA 10-17-92 Issued to Gerald Eberly Effective Date: 5/18/98 Gentlemen: We represent Gerald Eberly. Please consider this to be a claim against the above-listed Title Insurance Policy on behalf of Mr. Eberly. The facts giving rise to this claim are as follows: The Chicago Title Insurance Commitment and Owner's Policy ("the Policy") were issued to Gerald Eberly on May 18, 1998 in connection with his purchase of a farm in Southampton Township, Cumberland County owned by Ivan Z. Leid and Ellen M. Leid. Based on the Report of Title and the Policy that was issued, two rights-of-way, the existence of which have caused Mr. Eberly substantial damages, were not noted. First, the Adams Electric Company claims to have a thirty (30) foot wide easement running through the middle of the property in a north/ south direction. Secondly, on the eastern side of Hershey ,"-"~ ,.~I.."'~i..~~ , ~~ ~~ "~ ~01-_" ., February 9, 1999 Page 2 Road the Municipal Authority claims a 25-foot wide sanitary sewer easement. Neither the Title Commitment nor the Policy contain any information concerning either of these interests. We are in the process of reviewing this matter and documenting Mr. Eberly's damages. Please refer this matter to the appropriate individual so that we may discuss ways to amicably resolve it. Failing that, we have been authorized to take whatever action is necessary to protect our client's rights. I loo~ forward to hearing from a title company representative within ten (10) days of the date of this letter. Yours truly, BLAKlNGER, BYLER & mOMAS p.e James H. Thomas JHT:ml cc: Mr. Gerald Eberly o!l-'~'"' '"~.,. "~~ ~ KLEHR, HARRIsON, HARVEY, BRANZBURG & ELLERS LLP MORTON R. BRANZBURG* LEONARD M. KLEHR RONA J. ROSEN" RICHARD S. ROISMAN GARYW.LEVI" MICHAEL C, FORMAN" MICHAEL K. CORAN CARL S. PRIMAVERA KEITH W. KAPLAN"~ DOUGLAS F, SCHLEICHER" ROBERTW, CLEVELANDtO BARRY J, SIEGEL RICHARD M. BECK"t GARY A. DEUTSCH" BRADLEY A. KROUSE" STEPHAN L, CUTI.ER" DONALD M. MlLLINGER DA vm ZALESNE WILLIAM A. HARVEY LAWRENCE J. AREM STEPHEN T, BURDUMY* CAROL ANN SLOCUM" ARNOLD E. COHEN JEFFREY KUR1ZMAN"~ FRANCIS M. CORRELL, JR. MARC R GARBER PAULG.NOFER. RICHARD A. LEVANtftO JOANNE B. WILLSt soon J, FIELDS~ DENISE M. DAY" DAVID S, EAGLE." BENJAMIN J. BERGERt LAWRENCE D. ROVIN DOMENlC E. PACIITI" .ALSO MEMBER OF NEW JERSEY BAR .-MEMBER. OF NEW YORK & DELAWARE BAR ONLY -"MEMBER. OF NEW YORK & MASSACHUSETTS BAR ONLY ..-'MEMBER.OF NEW YORK BAR ONLY tALSO MEMBER. OF DELAWARE BAR ttMEMBBR. OF NEW JERSEY & NEW YORK BAR ONLY tttALSO MEMBER OF DISTRICT OF COLUMBIA BAR MLSO MEMBER OF NEW YORK BAR OOALSO MEMBER OF FLORIDA BAR OOOALSO MEMBER OF MINNESOTA BAR 'trREGISTBRED PATENT ATTORNEY ATTORNEYS AT LAW 1401 WALNUT STREET PHILADELPHIA. PENNSYLVANIA 19102-3163 (215) 56B-6060 FAX, (215) 568-6603 www.klehr.com NEW JERSEY OFFICE 457 HADOONFIELD ROAD SUITE 510 CHERRY HILL. NEW JERSEY 08002-2220 (609) 486-7900 DELAWMlE OffiCE 919 MARICET STREET SUITE 1000 WILMINGTON, DELAWARE 19801.3062 (302) 426.1189 April 7, 1999 R-a f?= j~ ~ R ~, ,~f'l"''' 1"'.1:", ;.....\!= 0 i:-"-;<~' \\/: 1-':;''' r t l6 .,r~"J 0 ~-_~~:J J '....,' ,...c,... .. ~^~. APR 0 1999 James H. Thomas, Esquire Blakinger, Byler & Thomas, P.C. 28 Penn Square Lancaster, PA 17603 Eiddns;erf Gl'~or & Ihom~$, P.c, ~ EMILY M. CLAY. JOSEPH G, GIBBONS- GARY L, LOZOFF- MINDY FRIEDMAN. CYNTInA A. CLARK WILLlAM W. MAITHEWS m. SHARI AMSTER- GLENN A. WEINER- JEFFREYP.FOSTER. MICHAEL A, IAooNELLI. DIANAR.IVANOVIC DIMITRI L, KARAPELOU* IRA A. ROSENAU. ANDREW 1. ZIVI1Z" CRAIG F, ZAPPETTI" RONALD S, GELLERT- LEE D, MOYLAN- ANTIIONYP, TABASSO. DAVID S, McLAUGffi.IN RAN!)l 1. ~UBIN- OF COUNSEL DONALD M. HARRISON- TERRANCE A KLINEOO LYNN G, ZEITLIN ANDERS LAREN... JOHN F, STREET Direct Dial: (215) 569-3177 , ~'""'S"" I. BRECK SMITH! STEVEN A. KA~ STEVEN K. KORTANEKt PE~J,NO~. FREDRIC J. KINKLER,.JR.- SHAHAN G, TEBERIAN- SUSAN M, DEAN. STEPHEN C, EGLIN JONATHAN M, GROSSERO MARC H. STOFMAN- HEATHER. L LEVINE. DANIEL P. O'BRIEN.t BRIAN 1 SOPINSKY* ROBERT 1. DOWNS, .JR.- ROBERT L, SICHEL. JENNIFERA. IRRGANG* BRIAN E, SHANAHAN.... DAVIDRBRECK JASON C, MENEGAKlS COUNSEL TO THE FIRM GERALD BROKER RE: Chicago Title Insurance Company Policy No.: 39 0215 106 00000075 Insured: Gerald Eberly Dear Mr. Thomas: ~. firm ha.. ,.......,1. ror.,. T ."" (""'1..' ".....1 "" + 1 fiS a oeen relallleu oy \..lllcagu HUt:: lliSUf'd.llCe \..Ulllpi1ny \..lllcago llue ) ,0 investigate and review the claim asserted by Gerald Eberly against Chicago Title purportedly under the above-referenced title insurance policy (the "Policy"). The claim is outlined in your February 9, 1999, letter to Diane McGowan of Chicago Title. This letter serves to apprise you of the current status of our investigation based upon the review of the facts thus far available to us and to request that you provide us with additional information to further assist us with our ongoing investigation. By letter dated February 9, 1999, you notified Chicago Title that Mr. Eberly has a potential claim against Chicago Title purportedly arising out of the existence of two rights-of-way over the Property. Mr. Eberly asserts that these two rights"of-way were not disclosed in either the Policy or' the title commitment ("Commitment"). One of the rights-of-way is an easement in favor of Adams PHIL1\182505-1 _~~-O<L,,"""~~ ,J. "--. ~- ,- -- ,-~, > ~ ~,~ " KlEHR. HARRiSON. HARVEY. BRANZBURG & PI [ PF{S LLP James H. Thomas, Esquire April 7, 1999 Page 2 Electric Company (the "Electric Easement"), and the other is an easement for a sewer line operated by the Cumberland Franklin Joint Municipal Authority (the "Sewer Line Easement"). Base upon our review of the relevant conveyancing documents, Mr. Eberly obtained his interest in the Property through the following chain of title. By deed dated April 3, 1945, and recorded in the Office-of the Recorder of Deeds of Cumberland County at Deed Book 12- Y, Page 211, Daysie Zimmerman, et al., conveyed and granted a fee interest in the Property to Joseph L. Miller. Joseph L. Miller died on August 14, 1945, and by subsequent settlement and release in his estate dilly recorded in the Office of the Recorder of Deeds of Cumberland County at Miscellaneous Book 103, Page 55, the Property was conveyed in fee to Elizabeth M. Millard, daughter of Joseph L. Miller. By deed dated September 1, 1964, and recorded October 8,1964, inDeed Book J, Volume 21, Page 657, in the Office of the Recorder of Deeds of Cumberland County, Elizabeth M. Millard and Edward R. Millard granted and conveyed a fee interest in the Property to David L. Miller and Dorothy B. Miller, husband and wife (the "Millers"). By deed dated December 31,1976, and recorded January 26, 1977, at Deed Book Z, Volume 26, JC' Page 608, in the Office of the Recorder of Deeds of Cumberland County, the Millers granted and conveyed to Glenn L. Crider and Mary E. Crider, husband and wife (the "Criders"), a fee interest in the Property. By deed dated September 29, 1986, and recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book F, Volume 32, Page 385, the Criders granted and ~ conveyed a fee interest in the Property to Ivan Z. Leid and Ellen M. Leid, husband and wife (the "Leids"). By deed dated May 8, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County, the Leids conveyed and granted a fee interest in the Property to Mr. Eberly. The Cumberland-Franklin Township Joint Municipal Authority filed a Declaration of Taking (the "Declaration"), pu."suant to which easements for'sewer purposes (pumping stations), i.e., the Sewer Line Easement, were condemned in several land holdings in Cumberland County, including the Property, which at that time was owned by the Criders. The Declaration was recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book Q27, Page 419, on February 10, 1978. At this point and based upon the information thus far made available to us, it is uncertain how or when the Electric Easement came into existence. There may not be a recorded right-of-way for the Electric Easement. It is also possible that a right-of-way was conveyed to a predecessor of Adams Electric Company, and, additionally, that the right-of-way is not readily identifiable as being applicable to the Property. Prior to 1976 and back into the early part of the 20th Century, the Miller family owned the Property as well as a substantial amount of the land surrounding the Property. The Miller family's land holdings were passed down through the Miller family by various deeds and PlllLl\182505-1 *"'-- -~......, "~" " IwWb~I_,-L, '. KLEHR, HARRIsON, HARVEY, BRANZBURG & ELLERS LLP James H. Thomas, Esquire April 7, 1999 Page 3 wills. The p~vious configurations of the Miller family's land holdings are not consistent with the present configurations of the Property and the surrounding land, thereby causing the difficulty in determining the applicability of the Electric Easement to the Property. The Electric Easement may have been conveyed so far back that it is difficult, if not impossible, to determine whether it applies to the Property. We are continuing our investigation into the origins of the Electric Easement. Since-the time that Mr: Eberly acquired the Property, two surveys have been made of the Property, both of which plainly disclose the Electric Easement and the Sewer Line Easement. John M. Huck prepared a Boundary Survey of Gerald Eberly Property dated July 28, 1998 (the "Boundary Survey"). Fisher Engineering, Inc., prepared the Final Plan for Gerald Eberly Subdivision survey dated August 4, 1998 (the "Subdivision Plan"). Based upon our review of this matter thus far, we believe that the following provisions of the Policy may be applicable. The Exclusions from Coverage provision of the Policy provides that [t]he following matters are expressly excluded from the coverage of , this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of: 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; [or] (c) resulting in no loss or damage to the insured claimant Schedule B of the Policy, entitled Exceptions from Coverage, states that P1ilL1\182S0S-1 ~,,-~,,,-,_",,J_ ~'"_ ~ - " " ~L__~~~~= _~ , KLEHR. HARRISON, HARVEY, BRANZBURG & ELLERS LLP James H. Thomas, Esquire April 7, 1999 Page 4 [t]his policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of : 1. Encroachments, overlaps, boundary line disputes and any other matters which would be disclosed by an accurate survey and inspection of the premises. 2. Easements or claims of easements not shown as existing liens by the public records. In order for us to proceed with our investigation, please provide us with the following information: . Proof of damages claimed by Mr. Eberly. . The dates and times Mr. Eberly inspected the Property prior to closing on the agreement of sale for the Property. . Whether Mr. Eberly, or anyone acting on his behalf, ever observed telephone poles on the Property and when he, or anyone acting on his behalf, first observed such telephone poles. . If Mr. Eberly, or anyone acting on his behalf, observed telephone poles on the Property, whether he"or ro:lyone acting ouhis behalf, questioned anyone regarding such telephone poles, who they questioned, when they conducted the questioning, and the responses they received. . Whether Mr. Eberly, or anyone acting on his behalf, has any documents evidencing the existence of the Electric Easement. . Whether Mr. Eberly, or anyone acting on his behalf, ever observed any evidence of the Sewer Line Easement on the Property and when he, or anyone acting on his behalf, first observed such evidence of the Sewer Line Easement. . If Mr. Eberly, or anyone acting on his behalf, observed any evidence of the Sewer Line Easement on the Property, whether he, or anyone acting on his behalf, PHIL1Il82505-1 ",,,,,~.~J .~. _._"' ~ ,~...... -""",Co ~~iiiRll!.~f . KLEHR. HARRISON, HARVEY, BRANZBURG & ELLERS LLP James H. Thomas, Esquire April 7, 1999 Page 5 questioned anyone regarding such evidence of the Sewer Line Easement, who they questioned, when they conducted the questioning, and the responses they received. . Whether any of the buildings or structures, including Mr. Eberly's house, on the Property are hooked up to a sewer line. . - Wnether the parties who sold the Property to Mr. Eberly, or their agents, disclosed that there was a public sewer on the Property rather than a septic or other type of waste system. We would also like permission from Mr. Eberly to contact John M. Huck and Fisher Engineering, Inc. to obtain additional information regarding the Boundary Survey and the Subdivision Plan, including, but not limited to, how the exact location of the Sewer Line Easement and the Electric Easement were set. Chicago Title intends to fully investigate this matter prior to making its determination as to " whether Mr. Eberly's claims are covered under the Policy. Paragraph 4 of the Conditions and Stipulations section of the Policy, entitled Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate, provides that (b) The Company shall ha'lie the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion. may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The '.' '... , Compa.'1Y may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liabiiity or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. ( c) . . . Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witn~sses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be P1llL1\182505-1 ,,,"&,,",,.,~, '.",~, ~ ~ - - ~ "~~ ". ~ j ........... oI~~,J."", --'_-!lI~~__,~ .. KLEHR, HARRISON. HARVEY, BRANZBURG & ELLERS LLP James H. Thomas, Esquire April 7, 1999 Page 6 necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligations to defend, prosecute" or cOl1.tinue the .litigation, with regard.,j;Q the matter . "'. or matters requiring such cooperation. Chicago Title Intends to diligently investigate this matter, and looks forward to Mr. Eberly's cooperation in doing so. Thank you for your attention to this matter, and please feel free to contact me if you have any questions. 1ms letter is written subject to and without waiver of any and all defenses available under the Policy at law or otherwise. CAC:dt cc: Diane McGowan, Esquire Michael K. Coran, Esquire PHIL11182S0S.1 -~ ~ <1 .= dLlLL~~,. . , . ... December 15, 1999 (717) 509-7267 e-mail: jhtbbt@ptd.net Cynthia A. Clark, Esquire Klelu/ Harriso~ Harvey/ Branzburg & Ellers, LLP 260 South Broad Street Philadelphia, PA 19102-5003 Re: Chicago Title Insurance Company Policy No. 39021510600000075 Insured' Gerald Eberly Dear Ms. Clark: This responds to your recent correspondence and request for information. I will respond to your requests in the order that they were made in the letter. These responses are preliminary and are not intended to state Mr. Eberly's complete legal position on this claim. 1. Proof of damages claimed by Mr. Eberly. Response: Because of the existence of the above-ground sewer line along the road frontage to the properf)r, Mr. Eberly will be prevented from anything other than low density development of the tract. For example" if the property was subdivided for single-family lots, the fact that it has only one access point would prevent a street or cul- de-sac from being built that would exceed 800 feet in length. Because of the location of this cul-de-sac, the lot configuration requirements of the Southampton Township Subdivision and Land Development Ordinance would 1imitthe number of residential lots to two or possibly three. If a second access was available, a loop street could be constructed and the tract could be fully developed for residential purposes. ' Mr. Eberly initially contemplated 'l",,",,"""""~'~',~ . ~~ ~o~ _ ~' ~'w' . .. ~ .. December 15, 1999 Page 2 developing a mobile home park on the property. The tract ofland adjoins an existing mobile home park. This is probably the highest and best use for the property. We are in the process of obtaining appraisals for these various uses and will provide them when we receive them. 2. The dates and times Mr. Eberly inspected the property prior to closing on the Agreement of Sale. Response: Mr. Eberly was on the property the date of the public auction when he purchased it. Between then and the date of settlement he visited the property with a local engineer to discuss the possibility of developing a mobile home park. The engineers preliminary response was that it would be possible. On the date scheduled for settlement Mr. Eberly went to the law office of the sellers attorne~ but learned that there was a problem with one of the boundary lines. Specificall~ the seller had expanded a concrete pad at his barn which apparently encroached on the neighbors property. This was discovered prior to settlement and Mr. Eberly declined to proceed to settlement with this issue outstanding. He recalls driving to the property on that date and simply stopping to look at it 3. Whether Mr. Eberly, or anyone acting on his behalf, ever observed telephone poles on the property and when he, or anyone acting on his behalf, first observed such poles. Response: The telephone poles are visible. Mr. Eberly observed them when he was on the property the first time. 4. If Mr. Eberly, or anyone acting on his behalf, observed telephone poles on the property, whether he, or anyone acting on his behalf, questioned anyone regarding such telephone poles, who they questioned, when they conducted the questioning, and the responses they received. Response: The telephone poles run along the edge of the property and the public road. Mr. Eberly viewed this as a common situation and was not concerned about it. .<,;if;;_-...wkl , . -. .'- J:lI t.:; , """ " . . December 15, 1999 Page 3 5.' Whether Mr. Eberly, or anyone acting on his behalf, has any documents evidencing the existence of the electric easement. Response: Please refer to the title report and the survey, both of which have previously been provided. 6. Whether Mr. Eberly, or anyone acting on his behalf, ever observed any evidence of the sewer line easement on the property and when he, or anyone acting on his behalf, first observed such evidence of the sewer line easement. Response: Mr. Eberly never observed any visible sewer line easement on the property. He was only made aware of the easement after he subdivided the property into two parcels and was advised of its existence and location by the local water and sewer authority. 7. If Mr. Eberly, or anyone acting on his behalf, observed any evidence of the sewer line easement on the property, whether he, or anyone acting on his behalf, questioned anyone regarding such evidence of the sewer line easement, who they questioned, when they conducted the questioning, and the responses they received. Response: Mr. Eberly never observed any evidence of the sewer line easement on the property. 8. Whether any of the buildings or structures, including Mr. Eberly's house, on the property are hooked up to a sewer line. Response: None of the buildings or structures are connected to the public sewer line. Theyare all served by on-lot sewage disposal systems. 9. Whether the parties who sold the property to Mr. Eberly, or their agents, disclosed that there was a public sewer on the property rather than a septic or other type of water system. ~, ...'~T" ~..- - ~ ; . ~. -,. ... '~-\Mi>~(~a~' <Ill ~.- ,> ' 'If' .. ."t.-' 4 . December 15, 1999 Page 4 Response: The seDer disdosed that the property was served, by public sewage. You also requested permission from Mr. Eberly to contact John M. Huck and Fisher Engineering to obtain additional information regarding the boundary survey and the subdivision plan. Mr. Eberly declines to grant that permission since he has already provided you with all of the documentation from both Mr. Huck and Fisher Engineering. If you have specific questions, please direct them to Mr. Eberly through me. Yours truly, BLAKINGEl?; BYLER & THOMAS p.e James H. Thomas JHT:m1 cc: Mr. Gerald Eberly "r) '~) .t -', ...: " ~ . Ii 0::- . ~ /' ",-:0 ;~i\~T'( [) i OCT - t, p':-1 "), - , " d' 15 c~ ~H..,i vIVk;tJ'" (:(,1 :,. ,-'-! PEr,!\('VI \ f;"-~,;,,J:.~rl\ I 'r J~! 'VIU/"Ii-U.\ 1 - ~ ~ * W .~ ~ , ;J Q1 !li ;-li l ~ i ,~ , j I , I I t . ~'~ ~" " " " ,;_,_~ ,_", "-,-,_.,.l~_ .o,"~<'4~ - .. To: Gerald Eberly You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or judgment may be entered against you. KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP Michael K. Coran (55876) Brett D. Feldman (82689) 260 S. Broad Street Philadelphia, PA 19102-5003 (215) 568-6060 Attorneys for Defendant Chicago Title Insurance Company GERALD EBERLY Court of Common Pleas Cumberland County Plaintiff, Civil Action No. CI-01-714 vs. CHICAGO TITLE INSURANCE COMPANY Defendant. ANSWER WITH NEW MATTER Defendant, Chicago Title Insurance Company ("Chicago Title") through its attorneys Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, responds to the Complaint filed by plaintiff, Gerald Eberly as follows: 1. Denied. Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph, and, on this ground, denies the allegations and requires strict proof of them. 2. Admitted. PIllLl: 422691" 1 Iii!! ' ..~" " ' . ' t",_<,_,' .. .,".< '" ~~~- 1 in ~,l, .. 3. Denied. Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph, and, on this ground, denies the allegations and requires strict proof ofthem at the time of trial. By way of further answer, the allegations in this paragraph constitute conclusions of law to which no response is required. 4. Denied. Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph, and, on this ground, denies the allegations and requires strict proof of them. By way of further response the documents identified in plaintiffs complaint and attached thereto as Exhibit "A" are writings which speak for themselves. 5. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. By way offurther answer, the documents identified in plaintiffs complaint and attached thereto as Exhibit "B" are writings which speak for themselves. 6. Admitted on information and belief. By way of further response, the Title Insurance Policy identified in plaintiffs complaint and attached thereto as Exhibit "C" is a writing which speaks for itself. 7. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed to be factual in nature, Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations, and, on this ground, denies the allegations and requires strict proof of them. 8. The documents identified in plaintiffs complaint and attached thereto as Exhibit "B" are writings which speak for themselves. 9. Denied. The allegations in this paragraph constitute conclusions of laws to which no response is required. By way offurther answer, see Chicago Title's response to Paragraph 8. 10. See Chicago Title's response to Paragraph 8. 11. See Chicago Title's response to Paragraph 8. 12. See Chicago Title's response to Paragraph 8. PHILI: 422691-1 "jj;I1f~ ~ ~~ '_-,I ,,~ '~ " , ..: ~"...._. 13. Denied. Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph, and, on this ground, denies the allegations and requires strict proof of them. 14. Denied. Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegation in this paragraph, and, on this ground, denies the allegations and requires strict proof of them. 15. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. By way of further answer, the documents identified in plaintiffs complaint and attached thereto as Exhibit "D" are writings which speak for themselves. 16. The Title Insurance Commitment and the Title Insurance Policy (Exhibits "BOO and "COO respectively), are writings which speak for themselves. 17. Denied. Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph, and, on this ground, denies the allegations and requires strict proof of them. 18. Denied. Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph, and, on this ground, denies the allegations and requires strict proof of them. 19. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed to be factual in nature, Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations, and, on this ground, denies the allegations and requires strict proof of them. 20. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed to be factual in nature, Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations, and, on this grounds, denies the allegations and requires strict proof of them. By way of further answer, it is specifically denied that the value of the subject property "without the PHILl: 422691-1 "~~ ._",,_r .., -. 'j'- '.-;, - !~. - . .=' " . easement was approximately $800,000" and that the "value of the property with the easement and resulting limitations on subdivision is approximately $400,000." 21. Denied as stated. By way of further response, the letter identified in plaintiffs complaint and attached thereto as Exhibit "E" is a writing which speaks for itself. 22. Admitted. By way of further response, the letter identified in plaintiff s complaint and attached thereto as Exhibit "F" is a writing which speaks for itself. 23. Denied. It is specifically denied that plaintiff provided all of the information that was required pursuant to defendant's April 7, 1999 letter. By way of further response, the letter identified in plaintiffs complaint and attached thereto as Exhibit "G" is a writing which speaks for itself. 24. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed to be factual in nature, Chicago Title avers that it has, in fact, made no final determination with respect to Plaintiffs claim against the Policy. COUNT 1 BREACH OF CONTRACT 25. Chicago Title incorporates by reference herein each and every response to the allegations of the complaint as if set forth at length. 26. Admitted on information and belief. 27. Denied. The allegations in this paragraph constitute conclusions oflaw to which no response is required. To the extent the allegations are deemed to be factual in nature, Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations, and, on this ground, denies the allegations and requires strict proof of them. 28. Denied. The allegations in this paragraph constitute conclusions oflaw to which no response is required. To the extent the allegations are deemed to be factual in nature, Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations, and, on this ground, denies the allegations and requires strict proof of them. PHILl: 422691-1 "" "0--- --I ;c<...........-~'""...~_"'~:,,i,,; , 29. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed to be factual in nature, Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations, and, on this ground, denies the allegations and requires strict proof of them. By way of further answer, it is specifically denied that plaintiff has suffered damages in the amount of $400,000.00, 30. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed to be factual in nature, Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations, and, on this ground, denies the allegations and requires strict proof of them. 31. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed to be factual in nature, Chicago Title avers that it has, in fact, made no final determination with respect to Plaintiff s claim against the Policy. WHEREFORE, defendant, Chicago Title Insurance Company demands judgment in its favor and against plaintiff, together with costs of suit, attorney fees and any such relief as the Court deems appropriate. COUNT II BAD FAITH BY INSURER 32. Chicago Title incorporates by reference herein each and every response to the allegations of the complaint as if set forth at length. 33. Denied. The allegations in this paragraph constitute conclusions oflaw to which no response is required. To the extent the allegations are deemed to be factual in nature, Chicago Title is without knowledge or information sufficient to form a belief as to the truth of the allegations, and, on this ground, denies the allegations and requires strict proof of them. 34. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. By way of further answer, it is specifically denied that Chicago Title PHIL!: 42269).) ,~ [~ ,~- --. ,- -~ . IiIJ~"""","; , has ever denied plaintiff coverage under the subject policy and commitment. Instead, Chicago Title has simply requested that plaintiff provide it with certain information necessary in order to reach a decision as to whether plaintiff is entitled to benefits under the subject title insurance. Until plaintiff provides such requested information, Chicago Title still cannot make such a determination. 35. Denied. The allegations in this paragraph constitute conclusions oflaw to which no response is required. By way of further answer, it is specifically denied that Chicago Title "knew or recklessly disregarded its lack of a reasonable basis in denying the Plaintiffs claim." Instead, see Chicago Title's response to Paragraph 34. 36. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. By way of further answer, 42 Pa. C.S.A. 9 8371 is a writing which speaks for itself. WHEREFORE, defendant Chicago Title Insurance Company demands judgment in its favor and against plaintiff, together with costs of suit, attorney fees, and any such other relief as the Court deems appropriate. NEW MATTER 37. Plaintiffs claims are barred by Plaintiffs unclean hands. 38. Plaintiffs Complaint fails to state a claim upon which relief may be granted. 39. Plaintiffs claims are barred, wholly or in part, by its failure to mitigate any damages to which it may be entitled. 40. Plaintiffs claims are barred by the doctrines oflaches, waiver and/or estoppel. 41. Plaintiff s claims are barred because it has suffered no damages. 42. Plaintiffs claims are not ripe and are premature. 43. Plaintiffs claims are barred because plaintiff purchased the subject property with actual and/or constructive notice of the sewer line easement. 44. Plaintiffs claims are barred because plaintiffs claim for indemnity is not covered under the terms of the subject policy. PlllLl: 422691-1 , y . , " -~ "ll-\W~-""",,","'" , 45. Defendant has, at all times, acted reasonably, diligently and in good faith in its dealings with plaintiff. WHEREFORE, defendant, Chicago Title Insurance Company demands judgment it is favor and against plaintiff, together with costs of suit, interest, attorney fees and any such relief as the Court deems appropriate. KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP By: fJ AJJtO. FL Michael K. Coran Brett D. Feldman 260 S. Broad Street Philadelphia, PA 19102-5003 Dated: October 23, 2001 Attorneys For Defendant Chicago Title Insurance Company PIITLl: 422691,1 . '-',~ "" I, ~_ ~- ;_~,'~ '0.-' "."',;;;'""'~'" "-''';~l,' VERIFICATION I verify that the statements made in the foregoing Answer with New Matter are true and correct. This verification is made subject to the penalties of 18 Pa., C.S.A. S 4904, relating to unsworn falsification to authorities. 15M O.F~ Brett D. Feldman Dated: October 23,2001 PHIL!: 422691-1 .c~' "' ^ ..i,C,,~~ - ,_ ,,",' '-~'...~~'1!~ CERTIFICATE OF SERVICE I hereby certify that I served on the 23rd day of October the foregoing Answer with New Matter upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by FIRST CLASS MAIL addressed as follows: James H. Thomas, Esquire Aaron S. Marines, Esquire 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff 6;?IJJ O.F L Brett D. Feldman " , ' ,~ ,l ( '-1'",1 1) PHILl: 422691-1 , FtF[}-O!lH~E lie 11.1: ,C :''< "''''f',I!'oT^ny ....1 , f .," I , ,,~J r , : '~J, . \~, tifi ~ 01 OCT 2il Mill: 03 Cu' l\o1i:T;:'u' ri.r-, O'OUNTY 1\"'--',-,1 ''>,i.J PENNSYLVANIA i I i I ~ 1! '" /j, " ~i 1\ f~ :~ ~ ill \l.! ~ i . .1\ i ~ '~ I I H_, ". [--~~ " - '0'"'' y,':-^, ~ C ''',. "':'-'~ '_,,-__,, _,' ','" '-1, , i;,~..i ASM:slb:lmm 246614.1 (18414.001 ) 12/3/01 ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff vs. CI-01-714 CHICAGO TITLE INSURANCE COMPANY Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER Plaintiff, Gerald Eberly ("Eberly") through his attorneys, Blakinger, Byler & Thomas, P.C. responds to the Defendant, Chicago Title Insurance Company ("Chicago Title") New Matter as follows: 37-40. Denied as conclusions oflaw to which no response is required. 41. Denied. As the direct result of Chicago Title's failure to discover the sewer line easement encumbering the property, Eberly has suffered damages in the amount of $400,000.00, which sum represents the diminution in value of the property between the title insured by the Chicago Title and the title actually received by Eberly. 42. Denied as a conclusion of law to which no response is required. 43. Denied. Eberly had no actual or constructive knowledge of the elevated sewer line easement encumbering the property. By way of further explanation, the Plaintiff did not and could not have known of the existence of an elevated sewer easement by their visual inspection of the property. Strict proof is demanded at the time of trial. 44. Denied as a conclusion of law to which no response is required. To the extent a .. ~'-, ~"', ",'. " ,', ":i',-' '.'>'n-' " " ,~' ; ,",' ,':~',.; ,,-,,~-.,.^.;jj-. ,k 'I I ! , ASM:slb:lmm 246614.1 (18414.001) 12/3/01 response is required, the averment is denied. Paragraph 2 of the title insurance policy insures a fee simple interest in the property conveyed to Eberly. The easement or encumbrance on the property by the elevated sewer line easement is not listed by the title insurance policy as an exception to coverage. As a result, the title insurance policy indemnifies Eberly for the diminution in value caused by the easement. Strict proof is demanded at trial. 45. Denied as a conclusion oflaw to which no response is required. WHEREFORE, Plaintiff, Gerald Eberly respectfully requests that the Defendant's New Matter be denied, and judgment entered in favor of the Plaintiff. Respectfully submitted, BLAKINGER, BYLER & THOMAS, P.C. By:~?rt<<~ Aaron S. Marines, Esquire Attorney l.D. #85728 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff e.-, ",'" ,"_,." v~ ,--~.~'. ,,- ~-',->' ,,"~"_ ., "'. ~,. "'~_, ~"",~,,: .-' --'~-'- ~~',l,-; ASM:slb:lmm 246614.1 (18414.001) 12/3/01 . CERTIFICATE OF SERVICE I hereby certifY that I am this day serving the foregoing Response to Defendant's New Matter upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by FIRST CLASS MAIL addressed as follows: Brett D. Feldman, Esquire Klehr, Harrison, Harvey, Branzburg & Ellers, LLP 260 South Broad Street Philadelphia, PA 19102 BLAKINGER, BYLER & THOMAS, P.C. By: ~"~~ Aaron S. Marines, Esquire Attorney LD. #85728 28 Penn Square Lancaster, P A 17603 (717) 299-11 00 Attorneys for Plaintiff Dated: I 2./03 ' 2001 ., -r,'.... .", tr ~ 1 I :'~ I i I i . . ~ 01 n~^ I .. . ,JtL --} Pi"'l 2: I 5 CUi\-":<l:,::',j i' ,. ~ lldA_i"'i n:'-U ! '(- U~-' PEi\lf~!S'\'~l \ r;-';";!' j'~lY . h.... 11..'/r'J\J;A ("'-~'"""" ~ '-<" , -. ~ , -~-"- , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff, CI-Ol-714 vs. CmCAGO TITLE INSURANCE COMPANY Defendant. DEFENDANT CHICAGO TITLE INSURANCE COMPANY'S MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Defendant, Chicago Title Insurance Company ("Chicago Title"), by its counsel, hereby moves the Court for an Order pursuant to Pa. R.C.P. 4019 compelling plaintiff Gerald Eberly ("Eberly") to respond fully and completely to Chicago Title's Interrogatories and Request for Production of Documents as follows: 1. This action was commenced on February 5, 2001 by the filing of a Writ of Summons. 2. On October 3, 2001, Eberly filed a Complaint. 3. On April 2, 2002, Chicago Title served a First Set of Interrogatories on Eberly. Pursuant to the Pennsylvania Rules of Civil Procedure, Eberly's answers and/or objections were due on or before May 2,2002. A copy of the April 2, 2002 Interrogatories is attached as Exhibit A. PHILl: 464274-1 - .j, , ~~~._,;r_.<ic .' , 4. On April 24, 2002, Chicago Title served a First Request for Production of Documents on Eberly. Pursuant to the Pennsylvania Rules of Civil Procedure, Eberly's response and production of documents were due no later than May 24, 2002. A copy of the April 24, 2002 Request for Production of documents is attached as Exhibit B. 5. On May 8, 2002, Eberly requested and Chicago Title granted in writing an extension to respond to all discovery requests until May 29, 2002. A copy of the May 8, 2002 letter is attached as Exhibit C. 6. On June 5, 2002, Eberly was given notice, in writing, that its discovery responses were due no later than June 13,2002. A copy of the June 5, 2002 letter is attached as Exhibit D. 7. On June 26, 2002, Eberly was given notice via telephone that Chicago Title would file a Motion to Compel Discovery Responses unless discovery responses were immediately provided. In response, counsel for Eberly could not provide a date that discovery responses would be forthcoming. 8. To date, Eberly has failed to respond to the discovery requests of Chicago Title. 9. The Interrogatories and Request for Production of Documents are relevant and/or are reasonably calculated to lead the discovery of admissible evidence. 10. Chicago Title therefore requires an Order of this Court, pursuant to Pa. R.C.P. 4019, compelling Eberly to serve answers to its First Set of Interrogatories and Request for Production of Documents and to produce all requested documents therein within ten (10) days of the Court's Order. PHIL!: 464274-1 -- ", , .1'U~d" WHEREFORE, defendant Chicago Title Insurance Company respectfully requests that the Court enter an Order, in the form attached hereto, that plaintiff Gerald Eberly serve answers to the discovery requests and produce all requested documents therein within ten (10) days of the date of the Order. KLEHR, HARRISON, HARVEY BRANZBURG & ELLERS LLP Dated: b /J'b/o?.. By: ~/tJ'JO. FJ Michael K. Coran, Esquire Brett D. Feldman, Esquire 260 South Broad Street Philadelphia,PA 19102 Attorneys for Defendant Chicago Title Insurance Company PHIL!: 464274-1 - ;.-"."" ~iO~Ji: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff CI-0l-714 vs. CHICAGO TITLE INSURANCE COMPANY Defendant DEFENDANT CHICAGO TITLE INSURANCE COMPANY'S FIRST SET OF INTERROGATORIES, DIRECTED TO PLAINTIFF GERALD EBERLY Defendant Chicago Title Insurance Company ("Chicago Title"), by and through its undersigned counsel, hereby directs the following interrogatories to Plaintiff Gerald Eberly to be \'.-" answered under oath pursuant to Rule 4006 of the Pennsylvania Rules of Civil Procedure. 1. DEFINITIONS A. "You," "your," and "Plaintiff' means Plaintiff Gerald Eberly and all of his predecessors, successors, affiliates, attorneys, agents and/or representatives, both present and fonner, and all other persons acting or purporting to act on his behalf. B. "Document" or "documents" shall mean any written, recorded. computer generated, filmed or graphic matter, whether perfornled or reproduced on paper, cards, tapes, film, electric-facsimile, electronic mail, World Wide Web pages, computer code, coded computer files, computer storage devices, or any other media, including but not limited to papers, books, letters, photographs, tapes, disks, magnet storage media, compact disks, optical storage media, objects, tangible things, correspondence, telegrams, cables, telex messages, memoranda, notes, notations, records, work papers, transcripts, minutes, reports and recordings of telephone or other PHlL]; 44695].] -- -~" "" .' ~, ,-~ ,-., ~....-- "-'i~,,- conversations, or of interviews, or of conferences, or of meetings, affidavits, statements, charts, graphs, specifications, drawings, blueprints, summaries, opinions, proposals, reports, studies, analyses, audits, evaluations, contracts, agreements, journals, statistical records, ledgers, books of account, bookkeeping entries, financial statements, tax returns, vouchers, checks, check stubs, invoices, receipts, desk calendars, appointments books, infom1ation stored in a personal digital assistant (PDA), diaries, lists, tabulations, summaries, sound output, microfilms, all records kept by electronic, photographic or mechanical means, and all things similar to any of the foregoing documents is referred to, the reference shall include, but not be limited to, the original and each and every copy and draft thereof differing in any way from the original, if an original exists, or each and every copy and draft if no original exists. C. "Communication(s)"means any other maImer of transmitting or receiving infonllation, opinions or thoughts, whether orally, in writing or otherwise, including, but not being limited to, conversations (whether face-to-face, by telephone, by Intemet Relay Chat (IRC), by Instant Messaging (lM), in a computer-hosted chat room environment, or otherwise), correspondence, memoranda, telexes, telecopies, telegran1s and releases. D. "Concerning" means relating to, referring to, describing, evidencing, regarding or constituting. E. "Communication(s)" means any manner of transmitting or receiving information, opinions or thoughts, whether orally, in writing or otherwise, including, but not being limited to, conversations (whether face-to-face, by telephone or otherwise), correspondence, memoranda, telexes, telecopies, telegrams and.releases. F. "Complaint" means the Complaint in the above-captioned action. G. "Answer" means the Answer and New Matter filed by the Defendant Chicago Title in tl1is action. PHIL!: 446951-1 - ,~ " _- ~~ ~, _~, L .",'-'-- " ,--,- ~ """"" -, \f-;" " H. "Property"means the property as described in the Cumberland County Recorder of Deeds Book 177, Page 1, and recorded May 8, 1998 and whose legal description was attached as Exhibit "A" to Plaintiffs Complaint. 1. The "Sewer Line Easement" means the right of way easement operated by the Cumberland-Franklin Township Joint Municipal Authority and recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book Q27, Page 419, on February 10, 1978. 1. The tenn "person" refers to both the plural and the singular, of any natural person, finn, corporation, association, group or organization, unless otherwise specifically stated. K. "Defendant" shall mean Defendant Chicago Title. L. The temIS "and" and "or" each means and/or. M. The masculine gender includes the feminine gender and vice versa. N. The singular includes the plural and vice versa. II. INSTRUCTIONS A. Whenever in these interrogatories there is a request to "state the basis" for a particular allegation, you are requested to provide the following specific information as to each such allegation: each and every fact upon which you base the allegation; each person with knowledge of the facts allegedly supporting the allegation and the individual scope of knowledge of each such person; and all documents or oral communications that you contend support the allegation. B. The teml "identify" as used herein in cOlmection with a "person" or "persons" means: state the names, titles, and the present addresses, or if unknown, the last known addresses and employers of such person or persons. C. If you claim that an answer to an interrogatory or a part thereof is in whole or part privileged or otherwise protected from discovery, identify such infonnation by subject matter and state with paJiicularity the nature and basis of your claim. PH ILl : 446951-1 -_.-,,"" ,,- -" .- , . ~-,,--'" -. ~,,' "'C' - ~-- _~f",i, " D. If you object to any part of an interrogatory, answer all parts of the interrogatory to which you do not object and, as to each part to which you do object, state the basis for your objection. E. Unless otherwise indicated, the relevant time period covering these interrogatories shaH be from January I, 1997 through the present date. F. These interrogatories are propounded to you on a continuing basis and you are obliged to supplement your responses to these interrogatories as and when additional infomlation requested herein comes to your attention. PHIL!: 446951-1 '" ~ -~ -.'" ,,', -~-~ " ~ ~"f III. INTERROGATORIES 1. Identify each person whom you expect to call as a witness at trial and for each witness, set forth specifically the subject matter of his or her testimony. 2. Identify all docwnents you intend to use and/or introduce into evidence at the trial of this action. PHIL!: 446951-1 ~ - - ~ ' L,'~ . _~ . 3. Identify any person whom you expect to testify as an expert witness at trial and, for each such person, provide a repOli (prepared and signed by the witness) containing a complete statement of all opinions to be expressed and the basis and reasons therefore, the data or other infomlation considered by the witness in fOffiling the opinions, any exhibits to be used as a summary of or support for the opinions, the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years, the compensation to be paid for the study and testimony, and a listing of any other cases in which the witness has testified as an expert at trial OI by deposition within the preceding four years. 4. List each and every reason for your asserting in Paragraph 34 of Plaintiffs Complaint that "[ d]efendant did not have a reasonable basis for denying benefits to the Plaintiff under the Policy and Commitment." PHIL!: 446951-1 - ~'Utiit" !-=~" . . "-~,, ' ,', 10, ~F" ,"." ~ ,,_ ~ ~~~""';'[i~ 5. List each and every reason for your asserting in Paragraph 35 of Plaintiffs Complaint that U[ d]efendant knew or recklessly disregarded its lack of a reasonable basis in denying Plaintiffs claim." 6. List each and every reason for your asserting in Paragraph 19 of Plaintiffs Complaint that U[a]s a direct result of the sewer line easement, Plaintiff was unable to develop the property as a mobile home park." PHIL! : 446951-1 ~." , -~, ,-~ "","- --. f"jjil(~{!t 7. In paragraph eighteen (18) of your complaint you state that "[p]laintiffwas infomled that all buildings on the property utilized on-lot sewer systems." IdentifY aU persons who made such representations and for each person listed identifY the following: a) employer; b) job titles; c) work addresses and telephone number; d) date and location that such representations were made; and e) any documents containing such representations. 8. List each and every reason for your asserting in Paragraph 20 of Plaintiffs Complaint that "[t)he value ohhe property without the easement was approximately $800,000." PHILL 446951.\ - .~ , '--~"J.jiij 9. List each and every reason for your asserting in Paragraph 20 of Plaintiffs Complaint that "[t]he value of the property with the easement and the resulting limitations on subdivision is approximately $400,000." 10. List each and every reason for your asserting in Paragraph 28 of Plaintiffs Complaint that "[t]he Defendant should have, by using reasonable diligence, discovered the sewer line easement in its search of the title to tlle property." PHILl: 44695]-] ii!I',*l " ~ . " '-, -'.,~ <, ~ ',- " . <'1C'J' 11. In paragraph thirteen (13) of your complaint you explain that subsequent to taking title to the propelty, you subdivided the Property into two separate lots with one of the lots consisting ofapproximately27 acres upon which the Plaintiff intended to construct a mobile home park. With regards to the other subdivided property/lot, identify the following: a. Size in tenus of acres; b. Whether it has been developed, and if so, for what; c. If it has not yet been developed, describe what you intend to use the property for; and d. Its value, in your opinion. 12. Identify when, how, and by who Plaintiff first became aware of the Sewer Line Easement maintained by the Cumberland-Franklin Joint Municipal Authority. PHIL]: 446951-1 ..1A1. . ~ -"" .-' 'li-' ~; 13. Identify each and every time, including date, that Plaintiff visited and/or inspected the Property before settlement. 14. In your letter dated February 18, 2002 to counsel for Defendant you state that Plaintiff purchased the Property intending to develop it as a mobile home park. List each and every step that you have taken to develop the property as a mobile home park, and identify all docUlllents regarding efforts to so develop the Property. PH1Ll:44695J-J '''''''''''''' ' ,. . ' ,;... ":.'~ '.. "" '" itr",~_,l 15. In your letter dated February 18,2002 to counsel for Defendant you state that in order to develop the property as a mobile home park it is necessary to provide two entrances to the Property. List each and every reason for your conclusion that the Sewer Line Easement prevented Plaintiff from providing two entrances to the Property. 16. List each and every reason for asserting in your letter dated February 18, 2002 to Defendant that "Pennsylvania law allows the reasonable investment expectations." As part of this answer, please provide citations to Pennsylvania and non-Pennsylvania case law and statutes that allegedly supports your position. PHIL1:44695].1 - '--- _'N_ :ci-J' .l~ i,~~', 17. ,Explain whether Plaintiff, or anyone acting on his behalf, observed any evidence of the Sewer Line Easement on the Property before settlement. 18. Identify whether any buildings or structures located on the Property are connected to a sewer line. PHIL1,446951-1 ~- .... .J" ,~ - ~l~~~li 19. Identify whether the party or parties who sold the Property to Plaintiff disclosed before settlement that the Property was served by a public sewer system rather than a septic or other type of waste disposal system. 20. List each and every reason for your contention in Count II of your Complaint as well as in your letter dated February 18,2002, that Defendant has violated Pennsylvania's Insurer Bad Faith Statute. PH III : 446951-1 .-~"- ~-." ^'-, '. ',", ,~ c,.t.K""'E'c<'i .. 22. List each and every reason why Plaintiffbelievesthat his claim is covered under the subject Title Insurance Policy. PHIL!; 446951-1 ~ , .' -,'~' " "i ~.o--. ~ '~"l~%iiW!~1'5-_ 23. List each and every reason why Plaintiff believes that his claim does not fall within any of the Exceptions from Coverage as listed within the subject Title Insurance Policy or the Commitment for Title Insurance. PHILl:446951.] KLERR, HARRISON, HARVEY BRANZBURG & ELLERS LLP By: ~ AfI{ o. f td1 Michael K. Coran, Esquire Brett D. Feldman, Esquire 260 South Broad Street Philadelphia, PA 19102 Attorneys for Defendant Chicago Title Insurance Company ~ ~- I .-'" -"","");; .., '" ~'-.li>1!j__iB~-E;L_ CERTIFICATE OF SERVICE I, Brett D. Feldman, Esquire, certify that I caused a true and correct copy of Defendant's Chicago Title Insurance Company's First Set of Interrogatories to be served upon the following counsel of record via first class mail: Aaron S. Mal1nes, Esquire 28 Pelli Square Lancaster, P A 17603 Date: April 2, 2002 /fS ftft D. F -IJdL-- Brett D. Feldman, Esquire PHIL1 ; 446951.1 I, _A" ,', ,~ "L;," 0'. ',. ~~':I.., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff CI-Ol-7l4 vs. CHICAGO TITLE INSURANCE COMPANY Defendant DEFENDANT CHICAGO TITLE INSURANCE COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF GERALD EBERLY PLEASE TAKE NOTICE that in accordance with the Rules of Civil Procedure, you are hereby requested to produce true and complete copies of the following documents, at the offices ofKlehr, Harrison, Harvey, Branzburg & Ellers LLP within the time prescribed by the Peilllsylvania Rules of Civil Procedure. Unless otherwise indicated, the definitions set forth in Defendant, Chicago Title Insurance Company's April 2, 2002 Interrogatories directed to plaintiff apply in the instant request for production of documents. REQUEST FOR PRODUCTION OF DOCUMENTS 1. All documents you intend to use and/or introduce into evidence at the trial of this action. 2. Each statement made by a party or witness relating in any way to plaintiff or the above- captioned matter., For purposes of this request "statement" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, PHIL!: 453129-1 ~."-'-' - , """ ~ . .'.....~~.'-Itlc.f, mechanical, electrical, or other recording, or a transcription thereof; which is a substantial verbatim recital of an oral statement made by the person making it and contemporaneously recorded. 3. Every report prepared by any person whom is expected to testify as an expert witness at trial, regardless of whether such testimony will be oral, by deposition, or written. 4. All photographs, maps and surveys of the Property. 5. All investigation materials and documents related to this case but not including: . ','.' a. The mental impression of your attomey or his conclusions, opinion, memoranda, notes, or summaries, legal research or legal theories; b. The mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics; c. Legal papers filed of record and served upon the undersigned; d. Transcripts of depositions attended by the undersigned or another member of this finn. 6. Plaintiffs federal tax retums for each year from 1996 until the present. 7. All documents identified in your answers to the interrogatories of Defendant Chicago Title Insurance Company. 8. A copy of all trial exhibits Plaintiff intends to introduce at the trial of tllis matter. 2 PHILl,453129-1 . ,,, . -< " Ji1'~~~;j. 9. All documents supporting your assertion in Paragraph 34 of Plaintiffs Complaint that "[ d]efendant did not have a reasonable basis for denying benefits to the Plaintiff under the Policy and Commitment." 10. All documents supporting your assertion in Paragraph 35 of Plaintiffs Complaint that "[ d]efendant knew or recklessly disregarded its lack of a reasonable basis in denying Plaintiffs claim." 11. All documents supporting your assertion in Paragraph 19 of Plaintiffs Complaint that "[a]s a direct result of the sewer line easement, Plaintiff was unable to develop the property as a mobile home park." 12. All documents supporting your assertion in Paragraph 20 of Plaintiffs Complaint that "[t]he value of the property without the easement was approximately $800,000." 13. All documents supporting your assertion in Paragraph 20 of Plaintiffs Complaint that "[t]he value of the property with the easement and the resulting limitations on subdivision is approximately $400,000." 14. All documents supporting your assertion in Paragraph 28 of Plaintiffs Complaint that "[t]heDefendant should have, byusing reasonable diligence, discovered the sewer line easement in its search of the title to the property." 15. In paragraph thirteen (13) of your complaint you explain that subsequent to taking title to the property, you subdivided the Property into two separate lots with one of the lots 3 PHIU, 453129-1 ,~-- " , "-~ '-" --" '~"'.<;j~~", consisting of approximately 27 acres upon which the Plaintiff intended to construct a mobile home park. With regards to the other subdivided property/lot, identify all documents that relate to the following: a. Size in telms of acres; b. Whether it has been developed, and if so, for what; c. If it has not yet been developed, describe what you intend to use the property for; and d. Its value, in your opinion. 16. All documents showing when, how, and by whom Plaintiff first became aware ofthe Sewer Line Easement maintained by the Cumberland-Franklin .Jciint Municipal Authority. 17. All documents identifying each and every time, including date, that Plaintiff visited and/or inspected the Property before settlement. 18. In your letter dated February 18,2002 to counsel for Defendant you state that Plaintiff purchased the Property intending to develop it as a mobile home park. Identify all documents addressing each and every step that you have taken to develop the property as a mobile home park. 19. In your letter dated February 18,2002 to counsel for Defendant you state that in order to develop the property as a mobile home park it is necessary to provide two entrances to the Property. Identify all documents supporting your conclusion that the Sewer Line Easement prevented Plaintiff from providing two entrances to the Property. 4 PHILI,453129-1 -,.,,~ ".. ... '_J) ,~ 1M!,~,li_ 20. All documents for your assertion in your letter dated February 18, 2002 to Defendant that "Pemlsylvania law allows the reasonable investment expectations." 21. All documents addressing whether Plaintiff, or anyone acting on his behalf, observed any evidence of the Sewer Line Easement on the Property before settlement. 22. All documents addressing whether any buildings or structures located on the Property are connected to a sewer line. 23. All documents addressing whether the party or parties who sold the Property to Plaintiff disclosed before settlement that the Property was served by a )J~b1ic sewer system rather than a septic or other type of waste disposal system. 24. All documents supporting your contention in Count II of your Complaint as well as in your letter dated February 18,2002, that Defendant has violated Pennsylvania's Insurer Bad Faith Statute. 25. All documents supporting your contention that Defendant has breached the subject Title Insurance Policy. 26. All documents supporting your contention that Plaintiffs claim is covered under the subject Title Insurance Policy. 5 PHIL1:453129-1 ,. - .' ..., d, "~ ."'-~"'liY.I' 27. All documents supporting your contention that your claim does not fall within any ofthe Exceptions from Coverage as listed within the subject Title Insurance Policy or the Commitment for Title Insurance. PHIL1: 453129-1 KLEHR,HARJUSON,HARVEY BRANZBURG & ELLERS LLP By: ~A1JfO,F~: Michael K. Coran, Esquire Brett D. Feldman, Esquire 260 South Broad Street Philadelphia, P A 19.1 02 ",':' Attorneys for Def~hdant Chicago Title Insurance Company 6 ~-~-"~' , rL ,,, '" ;.-..;~ I_",~' CERTIFICATE OF SERVICE I, Brett D. Feldman, Esquire, certify that I caused a true and correct copy of Defendant Chicago Title Insurance Company's Request for Production of Documents to be served upon the following counsel of record via first class mail: Aaron S. Marines, Esquire 28 Pelli Square Lancaster, P A 17603 Date: April J.L\ ,2002 'tflJfOf L Brett D. Feldman, Esquire ,,:"'< PHILL 453129-J ~~ ---.. " '" " .1. c.-,_, .-< \ " t-<: KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP ATTORNEYS AT LAW BREIT D. FELDMAN 260 S, BROAD STREET PHILADELPHIA, PA 19102 Direct Dial: (215) 569-3697 BFeldman@Klehr,corn (215) 568-6060 FAX: (215) 568-6603 www.klehr.com May 8, 2002 VIA FACSIMILE AND REGULAR MAIL Aaron S. Marines, Esquire 28 Penn Square Lancaster, P A 17603 RE: Gerald Eberly v. Chicago Title Insurance Company Cnmberland County CC.P" Civ. A. No. CI-Ol-714 Dear Aaron: New Jersey Office 457 Haddonfield Road Suite 510 Cherry Hill, New Jersey 08002-2220 (856) 486-7900 Delaware Office 919 Market Street Suite 1000 Wilmington, Delaware 19801-3062 (302) 426-1189 I write to confirm that Defendant Chicago Title Insurance Company has granted you until May 29, 2002 to answer its First Set of Interrogatories and Request for Production of Documents directed to Plaintiff. Also, I look forward to soon receiving from you a copy of the deed as referenced in paragraph 4 of your Complaint at Cumberland County Recorder of Deeds Book 177, Page 1. In the interim, if you have any questions regarding this letter please do not hesitate to contact me at the above phone number. Sinc~" .~ /lfl! iJ y:Q Brett D. Feldman BDF:ec PHIL!: 455836-1 """" M_. ,^\ '_'.<' "l,,'-'--, ~ ,.-,' ~",,,_-=ti KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP ATIORNEYS AT LAW BRETT D. FELDMAN 260 S. BROAD STREET PHILADELPHIA, PA 19102 Direct Dial: (215)569.3697 BFeldman@Kleht',com (215) 568-6060 FAX: (215) 568-6603 New Jersey Office 457 Haddonfield Road Suite 510 Cherry Hill, New Jersey 08002-2220 (856) 486-7900 www.klehr.com Delaware Office 9 i 9 Market Street Suite lOOO Wilmington, Delaware 19801.3062 (302) 426-1189 June 5, 2002 JamesH. Thomas, Esqurre Aaron S. Marines, Esquire 28 Penn Square Lancaster. P A 17603 RE: Gerald Eberly v. Chicago Title Insurance Company Cumberland County C.C.P., Civ. A. No. CI-Ol-714 Dear Gentlemen: On April 2, 2002, I served upon you Defendant Chicago Title's first set of interrogatories directed to Plaintiff. On April 24, 2002, I then served upon you Chicago Title's first request for production of documents. On May 8, 2002, Chicago Title kindly granted you until May 29, 2002 to answer its interrogatories and request for production of documents directed to Plaintiff. To date, you have not served the responses to our interrogatory requests or request for production of documents. Please respond to these discovery requests by June 13, 2002 so as to eliminate the need for us to file a Motion to Compel. If you have any questions, please do not hesitate to contact me at the above number. Sincerely, 1!;1jJi (J F ~ Brett D. Feldman BDF:ec Enclosures PHILl, 460507-1 --_ -. _~~b~'_' > "'.- ~_r._ =. ii.rliii. ~"""",,' ,- -o/'""~~'"""J CERTIFICATE OF SERVICE , '1<l.(J..._ I, Brett D. Feldman, Esquire, hereby certify that on this ~ day of June, 2002, I caused a true and correct copy of Chicago Title Insurance Company's Motion to Compel Plaintiff's Answers to Interrogatories and Request for Production of Documents and Proposed Order to be served, via first class mail, postage prepaid, upon the following: James H. Thomas, Esquire Aaron S. Marines, Esquire Blankinger, Byler & Thomas, P.C. Attorneys at Law 28 Penn Square Lancaster, P A 17603 KLEHR, HARRISON, HARVEY BRANZBURG & ELLERS LLP Dated: (, /J ~ I OJ- By: 13/f1J;f 0 . FA- Michael K. Coran, Esquire Brett D. Feldman, Esquire 260 South Broad Street Philadelphia, P A 19102 Attorneys for Defendant Chicago Title Insurance Company PHIL!: 464274.) "',~ .... .r:,'~'J~ '.)} . _J _At ,. 1 J _ o. , - ~" "J'. 'I " , ,- ~~ 'J-' ~. 'ii't~'j. I JUl 0 2 2002 \I , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff, CI-01-714 vs. CHICAGO TITLE INSURANCE COMPANY Defendant. AND NOW, this ORDER .3 ~ day of 9'""1 , 2002, upon consideration of Defendant Chicago Title Insurance Company's Motion to Compel Plaintiffs Answers to Interrogatories and Request for Production of Documents, it is hereby ORDERED and DECREED that Plaintiff Gerald Eberly shall serve discovery responses to the Interrogatories and Request for Productio?- of Documents aaa f)fsEffiee ttl.l reE]Uestea aeelH11mt3 th8l'M within4eft ~ IiJ '2- 0 SOJw ,..... ~ days of~e of this Order. J. PHILl: 464274-1 ~~ ?/8/0~ -;;t;;-~'N.;:l~_~. ~ ~b.:f~,~' '1 , ~"_. "~""~,,"""'7'" " ,.""llI!!~ .W',,^~.,." (',1= '"" ':)"t.Ai~Y (~,) \! \l .~ t~ {il; (;::1 ') t,,-_ ,.'." ,... C ,""."r-'_', " IT, V ':CI'J,~~, \:...':1 I PCN;\!S\'~~/i ,.'\l!...\ =_J e_"'.' ~_" J;.,Jl[l1~,!,~~~l'I-"ii'if'i'6,.""R~:''if'''-,,,'r';\'l.fJ$}!M~iV1iij!~~!U~'Wt!l!~'Romj~l~~!li!~I!!J~ ";;-'- c__ ,. '<'-~ ,", .~> -, .~ --. -',,-.--,"-,:-_, ""'~- '~-,' ,- ;;;-~: .. . GERALD EBERLY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 01-0714 CIVIL CIVIL ACTION - LAW CHICAGO TITLE INSURANCE COMPANY, Defendant IN RE: MOTION TO COMPEL ORDER AND NOW, this 10' day of October, 2002, argwnent on the within motion to compel is set for Wednesday, October 30, 2002, at 3:00 p.m. in Courtroom Nwnber 4, Cwnberland County Courthouse, Carlisle, P A. BY THE COURT, Aaron S. Marines, Esquire For the Plaintiff .A~ Brett D. Feldman, Esquire For the Defendant ~ ~ to-IO-OJ..- 9-. :rlm '. ,';0 , , :, ','''' ,.'" . ~ . Ii- , ~, , o.,,__,<.~_~ _ O'_""_~ ,., - -,~" ,.., r-.r- ',jr" :'1 ':~r\","'\f:l'\(~F ,~>;~ ", ',/,~,;;'7i\DI' Y ,)",\.IL ,n. 'J' "j (J "T '10' Ai" \0: 2 9 l r:.. _d...' l [ , ' ,,'. CY"'I,I1"{ CU\\j:i-Y+~(i ~('.!U ...;'0'~ t '~{~i~~S'(LVAi~\A """- "'~_',_" < .__'.. "liJj,l!f-lII!fm~~lMl\"~!'f;Wc'M.i'ffl~~~~~'1~1J'J-"Ji"'~J'~~~~ "-I'~ _.,' I ''''-'''~' ,/,> ,-.-(> ." __"-_____,c';,._O"_'', :_J"-O -'y'''_^c;iJ:", '" " -, - ~ ASM:MLS: 274647.1 (16414.001) 10/2102 CI-01-714 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff vs. CI-01-714 CHICAGO TITLE INSURANCE COMPANY Defendant MOTION TO COMPEL RESPONSE TO PLAINTIFF'S SECOND SET OF INTERROGATORIES Plaintiff, Gerald Eberly, by and through his counsel, Blakinger, Byler & Thomas, P.C., hereby moves this Court for an Order compelling the Defendant to respond to the Plaintiffs Request for Second Set of Interrogatories in the above-captioned matter. In support of this Motion, the Plaintiff avers as follows: 1. The Movant is Gerald Eberly, an adult individual residing at 623 Maple Street, East Earl, Lancaster County, Pennsylvania ("Eberly"). 2. Eberly instituted the above-captioned lawsuit against Chicago Title Insurance Company ("Chicago Title") on February 9, 2001 by filing a Praecipe for a Writ of Summons with the Prothonotary of the Court of Common Pleas of Cumberland County. Eberly filed a Complaint in this matter on October 4,2001. On or about January 10, 2002, Eberly served Chicago Title with Plaintiff s Second Interrogatories to Defendant. 3. On or about March 11, 2002, Chicago Title responded to Eberly's Second Set of Interrogatories. A copy of Eberly's Interrogatories together with Chicago Title's Answer thereto is attached as Exhibit "A". 4. Eberly's Interrogatories Nos. 14 through 17 request certain financial information concerning the wealth of Defendant, Chicago Title. j-~ , I', " ","" -,' ~-- ,---~"' "~-"I,.--~'" '~',,:~ 'i-,~', " -..' .-,,-' ~. ,..,,' ~-;'-' "oJ,- ,,,-:'-' ASM:MLS: 274647.1 (16414.001) 10/2/02 CI-01-714 5. Chicago Title obj ected to and refused to provide answers to Interrogatories 14 through 17 of Eberly's Second Set of Interrogatories. 6. Count II of Eberly' s Complaint states a cause of action in bad faith by Chicago Title pursuant to 42 Pa.C.S.A. S 8371. In this Count, Eberly alleges: 34. The Defendant did not have a reasonable basis for denying benefits to the Plaintiff under the Policy and Commitment. 35. the Defendant knew or recklessly disregarded its lack of a reasonable basis in denying the Plaintiff s claim. 36. Pursuant to 42 Pa. C.S.A. S 8371 this Court is permitted to assess the following against the Defendant: (a) Interest on the claim in an amount equal to the prime rate of interest plus 3%, assessed from February 9, 1999 until the date ofthe judgment in this action; (b) punitive damages; and (c) court costs and attorneys' fees. WHEREFORE, the Plaintiff, Gerald Eberly, respectfully requests that this Court enter a judgment against the Defendant, Chicago Title Insurance Company for breach of contract and insurance bad faith in the amount of $400,000, plus interest in the amount equal to the prime rate of interest in the amount equal to the prime rate of interest, plus 3% accruing from February 9, 1999 until the date of this judgment, punitive damages against the Plaintiff, and court costs and reasonable attorney fees incurred in this matter. 2 ~' ". k-. -"-;,"-C--,-,,i-e_':",--;, ",'0":-;;-';-'- ~ -=;.1,,-;' ASM:MLS: 274647.1 (18414.001 ) 10/2102 CI-01-714 7. PaRC.P. 4003.7 provides "a party may obtain information concerning the wealth of a defendant on a claim for punitive damages only upon an Order of the Court setting forth appropriate restrictions as to the time of the discovery, the scope of the discovery and the dissemination of the materia1." 8. All of the information requested by Eberly's Interrogatories 14 through 17 are necessary to establish the wealth of Defendant, Chicago Title. 9. Chicago Title has not objected to Eberly's Interrogatories 14 through 17 on the basis that the answers to said Interrogatories are sought in bad faith or would cause unreasonable annoyance, embarrassment, oppression, unnecessary expense, or any other reason pursuant to the Pa.R.C.P. 4011, only that such information may remain undisclosed without an Order of this Court. WHEREFORE, the Plaintiff, Gerald Eberly, respectfully requests that this Court enter the attached Order compelling the Defendant, Chicago Title Insurance Company, to fully comply with and answer the Plaintiffs Second Set of Interrogatories, subject to any appropriate restrictions as to the time of the discovery, the scope of discovery or the dissemination of the material discovered as may be imposed by this. Respectfully submitted, BLAKINGER, BYLER & THOMAS, P.C. BY:cAcu~Vl f)Ur~ Aaron S. Marines, Esquire Attorney LD. #85728 28 Penn Square Lancaster, P A 17603 (717) 299-1100 Attorneys for Plaintiff 3 ",-)!-'_"r-'_ ASM:MLS: 274647.1 (18414.001) 10/2102 CI-01-714 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Motion to Compel Response to Plaintiff's Second Set of Interrogatories upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by FIRST CLASS MAIL addressed as follows: Brett D. Feldman, Esquire KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS, LLP 260 South Broad Street Philadelphia, P A 19102 BLAKINGER, BYLER & THOMAS, P.C. By: ~aI{~{ 1JA~ Aaron S. Marines, Esquire Attorney J.D. #85728 28 Penn Square Lancaster, P A 17603 (717) 299-11 00 Attorneys for Plaintiff Dated: JfJ / 2 . ,2002 ""'''-''''''"-='''~'~ 'd.., -lc., ,~ ~m.........,,~<' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GERALD EBERLY Plaintiff CI-OI-714 vs. CHICAGO TITLE INSURANCE COMPANY Defendant DEFENDANT CHICAGO TITLE INSURANCE COMPANY'S RESPONSE TO PLAINTIFF'S SECOND SET OF INTERROGATORIES Defendant, Chicago Title Insurance Company (hereinafter "Defendant"), hereby responds and objects to Plaintiffs Second Set ofInterrogatories as follows: GENERAL OBJECTIONS 1. Defendant objects to each interrogatory request to the extent it seeks information protected from disclosure by the attorney-client privilege, attorney work product doctrine, proprietary or confidentiality doctrines, or any other privilege and/or immunity. 2. Defendant further objects to each interrogatory request to the extent it seeks information not relevant to the allegations contained in the Complaint or is otherwise not reasonably calculated to lead to the discovery of admissible evidence within the meaning of the Pennsylvania Rules of Civil Procedure. 3. Defendant objects to the Interrogatories to the extent they are tmduly burdensome and overly broad. PHIL1:441332-1 ;,,='"d. ~'--' _' " ".. ." _._o__ .........'..'IlI<ll~,._H 4. Defendant objects to the Interrogatories to the extent they require Defendant to identify documents that are not within its custody or control. 5. Defendant objects to the Interrogatories to the extent they contain compounded questions which render them inconsistent with the Pennsylvania Rules of Civil Procedure. 6. Defendant objects on the grounds that Plaintiff has failed to provide adequate Definitions and Instructions. These general objections are made to each and every interrogatory hereto by reference as if fully set forth herein. PHIL1: 441332-1 '"~i=i'"- ~ -'", .0 =....w ,~~~_ _' ~""'_'" SPECIFIC RESPONSES 1. List each and every reason for your assertion in Paragraph 43 of the Defendant's I Answer with New Matter that the Plaintiff, Gerald Eberly had actual and/or constructive notice of the elevated sewer line easement encumbering the property. Please identify any and all documents in your possession which support these reasons. RESPONSE: Plaintiffs counsel in his December 15, 1999 letter to counsel for Defendant states that by the date of settlement on the subject property, Plaintiff had visited and examined the subject property on at least three occasions. In that same correspondence, Plaintiff acknowledged that the seller of the subject property told him "that the property was served by public sewage" rather than a septic or other type of water system. By way of further answer, the sewer line easement appears on the BOlmdary Survey of Plaintiff s property prepared by John M. Huck and dated July 28, 1998, and on the Final Plan for Plaintiff's subdivision prepared by Fisher Engineering, Inc. and dated August 4, 1998. At this early stage of the litigation, such facts strongly suggest that during Plaintiff s repeated visits to the subject property, Plaintiff witnessed physical evidence of the easement and therefore "had actual and/or constmctive notice of the elevated sewer line easement encumbering the property." Without waiving any objections, and in a good faith effort to respond, Defendant reserves the right to supplement this answer as additional discovery occurs. 2. List each and every reason for your asserting in Paragraph 44 of the Defendant's Answer with New Matter that the Plaintiffs claims for indemnity are not covered under the terms of the subject policy. Please identify any documents in your possession which support these reasons. RESPONSE: Defendant objects to this Interrogatory as it has not yet made a final determination as to indemnity coverage under the Policy. By way of further answer, counsel for Defendant in her April 7, 1999 correspondence to Plaintiff s counsel explained that the following terms of the subject policy were relevant in determining whether Plaintiff was covered: . The Exclusions from Coverage Provision ofthe Policy provides that: [t]he following matters are expressly excluded from coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of . . . (3) PHIL1: 441332-1 c_~" - -i "~~,-,_,"'U_;">!~,l ' ~'" . [d]efects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; . . . [or] (c) resulting in no loss or damage to the insured claimant . . . . · Schedule B of the Policy, entitled Exceptions from Coverage, provides that: [t]his policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of : General Exceptions: 1, Encroachments, overlaps, boundary line disputes and any other matters which would be disclosed by an accurate survey and inspection of the premises. 2, Easements or claims of easements not shown as existing liens by the public records. By way of further answer, Defendant refers Plaintiff to the commitment for title insurance to Plaintiff which is attached to Plaintiffs complaint as Exhibit "B" as well as the Title Insurance Policy of May 11, 1998 which is also attached to Plaintiffs complaint as Exhibit "C." 3. List each and every reason that you assert in Paragraph 41 of the Defendant's Answer with New Matter that the Plaintiff has suffered no damage due to the elevated sewer line casement encumbering the property. Please identify each and every document in your possession which support these reasons. RESPONSE: Plaintiff in his February 18, 2001 letter to counsel for Defendant alleges that he is entitled to $400,000 in damages on account of the elevated sewer line. Specifically, plaintiff alleges that he is entitled to this amount which he alleges is the difference in the value of the property if developed as a mobile home park ($800,000) versus the value of the property if not developed in this manner ($400,000). Plaintiff alleges that under Pennsylvania law he is entitled to these damages which represent his "investment backed expectations. " To the contrary, Pennsylvania law is clear that damages for Plaintiffs investment expectations are not recoverable. Pulte Home Corp. v. Indus. Valley Ins. Co., 73 D. & C. 2d 320. On this issue the Pulte Court stated that in a title insurance action "[d]amages further cannot be allowed for profits lost on the anticipated sale of dwellings which have not been PHIL1: 441332-1 ,~"'ft' I. - ...,;l . _-" 1- ~ , .t'"_ .~-",~ ~1llll~Nh-i constructed" because such damages "based on subsequent collateral undertakings would stilI be too remote and too speculative to be recovered." Id. at 324. Instead, the proper measure of damages in a title insurance dispute is the value of the title without the encumbrance less the value of the title with the encumbrance. See Sattler v. Phila. Title Ins. Co., 162 A.2d 22, 25 (Pa. Super. Ct. 1960). Under the appropriate Pennsylvania damages standard plaintiff has suffered no damages since he purchased the property for $400,000 when he allegedly was unaware of the encumbrance and according to plaintiff s pleading in this action, the current value of the property as unimproved is stilI $400,000. By way of further answer, even if Pennsylvania law allowed for lost profits, plaintiff has never substantiated his damages claim despite counsel for counsel for Defendant repeatedly requesting that Plaintiff substantiate his claim of damages by obtaining an appraisal. (See correspondence from counsel for Defendant to Plaintiff dated April 7, 1999, November 2, 1999, December 2, 1999 and most recently on February 12,2002.) In response, as the following referenced letters demonstrate, Plaintiff has repeatedly promised Defendant that evidence substantiating his damages claim will be forthcoming: . December 15, 1999 ("We are stilI in the process of obtaining appraisals for these various uses and wiII provide them when we receive them."); . November 17, 1999 ("We are in the process of obtaining an appraisal which I will forward to you when it is received."); and . February 18, 2002 ("If we pursue litigation, we will provide you our expert appraisal report in accordance with Pennsylvania Rules of Civil Procedure.") Despite such repeated assurances, Plaintiff has failed to substantiate his damages claim, namely that the value of the subject property without the elevated sewer line easement is approximately $800,000.00 while the value of the property with tile sewer line easement is approximately $400,000.00. Until and unless Plaintiff provides support for his damages allegations, Defendant has no way to determine whether Plaintiff has actually suffered damages covered under the subject policy. By way of further answer, it is believed and therefore averred that Plaintiff is in possession of each one of the above referenced letters. If not, Defendant will provide copies of the above-referenced letters. 4. List each and every reason for your denial in Paragraph 20 of the Defendant's Answer with New Matter that the value of the property without the elevated sewer line easement was approximately $800,000.00 while the value of the property with the easement and resulting limitations on subdivision was approximately $400,000.00. Please identify each and every document in your possession which support these reasons. PHIL1: 441332-1 *'-""'''''''''-'''''', - ""''i/jI~,"''i_''~''''--_''i ,~ RESPONSE: See Defendant's response to interrogatory number three. 5. List each and every reason that you assert in Paragraph 34 of Defendant's Answer and New Matter, that the Plaintiff has not provided you with "certain information necessary in order to reach a decision as to whether Plaintiff is entitled to benefits under the subject title insurance" with each and every piece of information that you require to make this determination, together with any requests that you have made of the Plaintiff to receive this information, the date or dates that such requests were made, the Plaintiffs response to these requests for information, and any and all reasons that you believe these responses were inadequate. Please identify any and all documents in your possession that support these reasons. RESPONSE: See Defendant's response to interrogatory number three addressing how plaintiff has failed to substantiate his damages claim. By way of further answer, Plaintiff has repeatedly refused to answer whether anyone acting on his behalf "ever observed any evidence of the sewer line easement on the property" or whether anyone acting on his behalf ever questioned anyone regarding evidence of the sewer line easement. Moreover, Plaintiff has refused to honor Defendant's requests to be permitted to contact John M. Huck and Fisher Engineering to obtain information regarding the boundary survey, subdivision plan, and the exact location of the Sewer Line Easement. Until and unless Plaintiff provides the above outstanding requested information, Defendant will remain unable to determine whether Plaintiff is covered tmder the applicable provisions of the Title Insurance Policy. 6. If you assert that the Plaintiff has not provided information necessary for you to determine if the Plaintiff is entitled to benefits under the title insurance policy, please explain any of the steps that you have taken to obtain information subsequent to the Plaintiffs December 15, 1999 letter in response to your request for information. In doing so, please provide: (a) Identify any letters or other written requests for additional information made to the Plaintiff subsequent to December 15, 1999. If you will do so without a PHIL1: 441332~1 ~-,,""-,-' - . " I'. =~. -- ~'"'~"~' ~_-i formal request for the production of documents, please provide any and all such requests . . III your possessIOn. (b) Detail each and every reason why you believe the Plaintiffs December 15, 1999 response did not provide enough information to determine whether the Plaintiff was entitled to benefits under the title insurance policy. IdentifY any documents in your possession which support these reasons. (c) IdentifY each and every person involved in making the determinations mentioned in subparagraph (b) above, together with the person's professional address and telephone munber. RESPONSE: Despite Plaintiffs refusal to provide Defendant with information necessary to make a determination as to coverage (see Defendant's response to interrogatory number five describing Defendant's effort to obtain from Plaintiff necessary information), Defendant has continued to investigate whether Plaintiff is eligible for coverage and the measure of damages if Plaintiff is covered. By way of example, Defendant has extensively investigated the history, nature, and scope ofthe Unrecorded Electric Easement (i.e., obtaining a letter from Adams Electric Cooperative and a copy of the unrecorded easement which was signed by Mr. Glenn 1. Crider) as well as the sewer system easement (i.e., obtaining condemnation proceedings for the sewer system easement). Instead of fully responding to Defendant's information requests, Plaintiff in February 2001 filed a Writ of Summons against Defendant. In the summer of2001 Defendant provided complete responses to Plaintiff s Interrogatories and Request for Production of Documents. On October 3, 2001 Plaintiff filed his Complaint. On Febmary 12, 2002, Defendant again requested that Plaintiff provide information regarding the following questions: 1. The total amount of damages claimed by Mr. Eberly; 2. The method by which these damages are calculated; 3. An itemization of the component of damages; and 4. A settlement demand. Plaintiff s continued failure to provide complete answers to Defendant's information requests prevents Defendant from determining whether Plaintiff is covered under the title insurance policy. By way of example, and as discussed above, until Plaintiff establishes that he has PHIL1: 441332-1 c ~,. ~_'. . j ~ - ~-"~..._."'-',,-""',.,,,/! , actually suffered damages, the title insurance policy does not provide coverage and Pennsylvania law does not permit damages to be awarded. By way of further answer, the following individuals made the determination that Plaintiff s December 15, 1999 response did not provide enough information to determine I whether the Plaintiff was entitled to benefits under the title insurance policy: Michael Coran, Esquire Klehr, Harrison, Harvey, Branzburg & Ellers 260 South Broad Street Philadelphia, PA 19102-5003 (215) 569-2497 Scott Elterman, Esquire Chicago Title Insurance Company 711 Third Avenue, 51h Floor New York, NY 10017 (212) 988-0990 7. If you believe that the elevated sewer line easement would have been disclosed by an accurate survey of the property, please [sic] each and every reason for this assertion. Identify each and every document in your possession which supports this claim. RESPONSE: Since Plaintiff acquired the property, two surveys have been made of the Property, both of which clearly show the Sewer Line Easement. John M. Huck prepared a Boundary Survey of Gerald Eberly's Property dated July 28, 1998. Fisher Engineering, Inc., prepared the Final Plan for the Gerald Eberly Subdivision survey dated August 4, 1998. Since these surveys clearly show the sewer line easement, Defendant assets that it has already been established that "the elevated sewer line easement would have disclosed by an accurate survey of the property." 8. If you assert that the Plaintiff failed to notify you of the elevated sewer line easement, please provide each and every reason for this claim. Identify each and every document in your possession which supports this claim. RESPONSE: This interrogatory is objectionable as premature as discovery has just begun and Defendant has not yet propounded discovery requests (interrogatories and requests for production of documents) regarding this and other relevant PHIL1: 441332-1 ...."""'-i~ ,~,k " i'lJ.;!:Uhi;;;!I\."ti,,..), , issues, let alone conduct depositions. Accordingly, Defendant reserves the right to amend this interrogatory response as discovery proceeds and additional information is revealed. By way of further answer, see Defendant's response to interrogatory number one. 9. If you assert that the Plaintiff failed to provide notice of a claim for indemnity pursuant to the title insurance policy, please provide each and every reason for that claim. IdentifY each and every document in your possession which supports this claim. RESPONSE: This interrogatory is objectionable as premature as discovery has just begun and Defendant has not yet propounded discovery requests (interrogatories and requests for production of documents) regarding this and other relevant issues, let alone conduct depositions. Accordingly, Defendant reserves the right to amend this interrogatory response as discovery proceeds and additional information is revealed. IO. If you assert that you could not have discovered the sewer line easement in your search oftitle to the property by using reasonable diligence, please provide each and every reason for that denial. IdentifY each and every document in your possession which supports this claim. RESPONSE: Defendant objects to this interrogatory as irrelevant to any of the claims which have been brought by Plaintiff in this action, or any defense which has been or could be raised by Defendant. Defendant further objects to this interrogatory as it is directed to a party other that Defendant. By way offllrther answer, the title search which apparently failed to reveal the sewer line easement was conducted by Hamilton C. Davis of the ZlIllinger-Davis Corporation. Zullinger-Davis' address and phone number is as follows: 75 East King Street P.O. Box 40 Shippensburg, P A 17257 (717) 532-5713 11. Please identifY each and every witness who you intend to have testifY at trial, together with that person's professional address, telephone number, and the anticipated substance of that witnesses' testimony. PHIL1: 441332-1 ~"'" - - , ",' ~ ''; ,j ." ~1_~'fI'~,g,,,,,,~&.i"-" . RESPONSE: This interrogatory is objectionable as premature as Defendant has not yet made any decision regarding which witnesses, if any, it intends to introduce at trial. Without waiving any objections, and in a good faith effort to respond, Defendant will provide required witness disclosures pursuant to the Pennsylvania Rules of Civil Procedure and any case management order entered by the Court. 12. Please state the name and address of each person who you expect to call as an expert witness at trial of this matter. State in detail the facts and opinions to which each proposed expert witness would be expected to testify to. RESPONSE: This interrogatory is objectionable as premature as Defendant has not yet made any decision regarding potential expert witnesses, if any, it intends to introduce at trial. Without waiving any objection, and in a good faith effort to respond, Defendant will provide required expert witness disclosures pursuant to the Pennsylvania Rules of Civil Procedure and any case management order entered by the Court. 13. If you have not already done so, please identify every document, piece of physical evidence, or other evidence of any nature whatsoever which you intend to introduce at trial. RESPONSE: This interrogatory is objectionable as premature as Defendant has not yet made any decision regarding which "documents", or "other evidence of any nature whatsoever", it intends to introduce at trial. Without waiving any objections, and in a good faith effort to respond, Defendant will provide required evidentiary disclosures pursuant to the Pennsylvania Rules of Civil Procedure and any case management order entered by the Court. 14. Are you required to report your financial condition to any governmental agency concerned with the licensing or regulation of insurance. If so, indicate the name and address of each agency to which you have reported. RESPONSE: Defendant objects to this interrogatory pursuant to Pennsylvania Rule of Civil Procedure 4003.7 which addresses when a party may obtain information concerning the wealth of a defendant in a claim for punitive damages. 15. For each of the last five (5) fiscal years, please state your net worth, gross assets, gross income, and net income orlos~. If you will do so without a formal request for the PHIL1:441332-1 .!,j-Kk"-'lI:%!,j",,-,-, . production of documents, please provide financial statements for the last five (5) fiscal years, and indicate whether these statements have been audited. RESPONSE: I See Defendant's response to interrogatory number ]4. ]6. List any subsidiary or any other company in which you hold a controlling interest. RESPONSE: See Defendant's response to interrogatory number ]4. ] 7. F or each company listed in paragraph ] 6 above, state for each of the last five (5) fiscal years, the company's net worth, gross assets, gross income, and net income or loss. If you will do so without a formal request for the production of documents, please provide financial statements for each of these companies for the last five (5) years. RESPONSE: See Defendant's response to interrogatory number 14. ]8. Do you have any insurance that may indemnify you for all or part of the claim made by Plaintiff? If so, please identify the insurer, the type of policy, and the total amount of coverage. If you will do so without a formal request for the production of documents, please provide any and all such insurance policies. RESPONSE: Defendant does not have any insurance that may indemnify it for all or part of the claim made by Plaintiff. The only policy of insurance applicable to this matter is the title insurance policy. ] 9. Please list each and every person who prepared or assisted in the preparation of any responses to the preceding interrogatories, together with the person's business address and telephone number, job title, job duties or description, and the description of each person's work in the preparation of the interrogatory responses. PHIL1: 441332-1 _.,~... "~;"","""~,"~,- . RESPONSE: The following individuals assisted in the preparation of Defendant's responses to the preceding interrogatories: Michael Coran, Esquire Klehr, Harrison, Harvey, Branzburg & Ellers 260 South Broad Street Philadelphia, PA 19102-5003 (215) 569-2497 Scott Elterman, Esquire Chicago Title Insurance Company 711 Third Avenue, 5th Floor New York, NY 10017 (212) 988-0990 Brett D. Feldman, Esquire Klehr, Harrison, Harvey, Branzburg & Ellers 260 South Broad Street Philadelphia, PA 19102-5003 (215) 569-3697 KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP By: f2;A O.f~ Michael K. Coran Brett D. Feldman 260 S. Broad Street Philadelphia, PA 19102-5003 Dated: March 8, 2002. Attorneys For Defendant Chicago Title Insurance Company PHIL1: 441332-1 --~"'~"'--~,-~ ,.' ~~ '. ~ . . , , VERIFICATION I verify that the statements made in Defendant Chicago Title Insurance Company's Response to Plaintiff s Second Interrogatories are tme and correct. This verification is made subject to the penalties of 18 Pa., C.S.A. S 4904, relating to unsworn falsification to authorities. 1J AI{ O. f JL----- Brett D. Feldman Dated: March 8, 2002. PHIL1:441332-1 ....... 1>"'_J""'--"'"1 ',-- - .~ " ' "' Ji"lIIh "~O '~'j'i,'<kj'<ltfFi;w~';-\i_,,<'-c_,L . . .' . CERTIFICATE OF SERVICE I hereby certify that I served on the 8th day of March Defendant Chicago Title Insurance Company's Response to Plaintiffs Second Interrogatories upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by FIRST CLASS MAIL addressed as follows: James H. Thomas, Esquire Aaron S. Marines, Esquire 28 Penn Square Lancaster,P A 17603 (717) 299-1100 Attorneys for Plaintiff 15#1- P.lfL- Brett D. Feldman Dated: March 8, 2002. ")"~:.t ,;"., PHIL1:441332-1 rj' l F~U:~D .~c.;~Ti(;E ()': T"~ ii''"'"' <,';:"'-'IRV , 'I-'-'~-_ t-,-,Ui',"i',)I\UIN' I d' " UTi crT -l, C,,' "j. I I ,~ ,,\., I . I, I ,~. I . c'''...... '. 0M"';,r-~'~:LI ;..,i,ii1 1-'(':'ll~,\TY _ ._ , _. .1 ',~" ,-'.....,I..-l, PtNr~SYLV/~NLL\ ! i I . I I . I ~ w ,~ , ," '1 -Ii ;; i; "I ~ I I I - " .-- . '-"- -~ ",," ---",', ''''-,'.'_l'''H - '''''."," ..,;,. ,-. ."-~, JJ., GERALD EBERLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-0714 CIVIL CIVIL ACTION - LAW CHICAGO TITLE INSURANCE COMPANY, Defendant IN RE: MOTION TO COMPEL ORDER AND NOW, this 'I" day of November, 2002, argument on the within motion to compel is set for Thursday, December 5, 2002, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Aaron S. Marines, Esquire For the Plaintiff Brett D. Feldman, Esquire For the Defendant ~ ~ //_tJj~/6oL c;L. :rlm ):;, ~rJ . ~~~h" . ~ ...."', ~ Mii~", , . -'~". Cd~ , """'.,. "" " . ,~, "...~,"\.~, "'-<~ - -- ~ -y ,"--~. -",~-~~""""", ,."" ~ ."~~=- '''~~, . ,--,,-,' "'~r'l'" /-il _C"r) "'"'_ ,..1...1 "'/I"''E :~"!'L)^'O);19Y {J2 NOV .. ,~! ,",],:; .', D.~".r ... I Ii .', ( l' <,.I' '.. '~ c.t....! ' l.;j\/!J,',",' , '.::-;~:::LI'!/.,: /"\__ {CNiVe-" ..;,'~/ \.,,{) J.!i !i~\ ' "v!LV~..\/V:IA,"I'i l ,.. ~~,~~, ._IIIJ, '," ~_.",. ~$;lijl;f@mWi'hl!11'~~*'*"~'fi'ii~'l~~~f~l~_,","";;ryf~ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE TO SETTLE. SATISFY. DISCONTINUE GERALD EBERLY Plaintiff(s) Case No. 01-714 Civil v. CHICAGO TITLE INSURANCE COMPANY Defendant(s) TO THE PROTHONOTARY: Please mark the above matter settled, ended, discontinued and costs paid. OR Please mark the above matter THIS MA TTER WAS INDEXED FOR THE FOLLOWING: Arbitration A ward (date) Default Judgment (date) Lis Pendens (date) Other (date) ~ . .J14~ H. Thomas, Esquire Attorney for Plaintiff(s) Attorney for Defendant(s) Attorney for NOTE: Signature of Defendant(s) Counsel, Additional Defendant(s) Counsel needed if case has an Additional Defendant, Counterclaim or Crossclaim(s). DISCONTINUANCE CERTIFICATE AND NOW, :-y(~ (c;, ~O~~it has been marked as above directed. .:tMJ ,t;. cr/ f I A ,',PR,OTHONOTARY N rlfvl 7f ) , / &xj\;(r 'r-, \- II( :1":-' .""" ~~)TN:W ~ '-,'_1 r~~ n (~ O~~ r~"C \ 9 ~H~'i /. /. v ,,, ,_' ,., f ,'-'i '[\\T\! 1~IU\t\;,\~",.,<\)\~\t,-: \)...;....;I'ill V l/'~~'~" -, "f ~ \" co'"'" H,\C~\'\ d'V'-I\/\ rC'''''i'-...'I...,\.j ,''1,.' ~.- ,~ I ,~ ~ ,. J ~ rC1;t:H '50 l4-e<kSk-v' (7~o3 ,I, , "',, "'