HomeMy WebLinkAbout08-5384
TOWNSHIP OF SILVER SPRING, : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. CV- CIVIL TERM
SELECT SENTRY INSURANCE CIVIL ACTION -LAW
COMPANY, f/k/a JOHN DEERE
INSURANCE COMPANY
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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
STEV A. Q'r
EE 1
23 Waver y Drive
Hummelstown, PA 17036
Dated: l? (717) 903-1268
TOWNSHIP OF SILVER SPRING, : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. CV- N S ??I CIVIL TERM
SELECT SENTRY INSURANCE CIVIL ACTION -LAW
COMPANY, f/k/a JOHN DEERE
INSURANCE COMPANY
Defendant
COMPLAINT
AND NOW, comes the TOWNSHIP OF SILVER SPRING, Plaintiff, by its Solicitor,
Steven A. Stine, and avers the following:
1. The Plaintiff herein is the TOWNSHIP OF SILVER SPRING, a township of the
second class located in Cumberland County, Pennsylvania, having its offices at 6475 Carlisle
Pike, Mechanicsburg, Pennsylvania 17050 (the "Township").
2. The Defendant herein is SENTRY SELECT INSURANCE COMPANY, f/k/a
JOHN DEERE INSURANCE COMPANY, a Wisconsin insurance company with an address of
1800 North Point Drive, Stevens Point, Wisconsin 54481 ("Surety").
3. On or about July 22, 1998, Township approved the Final Subdivision Plan for
Ginger Fields and Brook Meadow Cluster Development (the "Plan") submitted by Shahnawaz
M. Mathias, t/a Eastern Development & Design (the "Developer") for property located along
Mulberry Drive in Silver Spring Township, Cumberland County, Pennsylvania.
2
4. The Plan was recorded in the Office of the Recorder of Deeds in and for
Cumberland County on April 13, 2000 in Plan Book 90, Page 132.
5. One of the conditions of the Plan approval was that Developer enter into a
Memorandum of Understanding to complete the public improvements as depicted on the Plan, a
copy of which Memorandum of Understanding is attached hereto and marked as Exhibit "A".
6. In addition, Developer was required to enter into a Bond with Corporate
Surety/Developer's Bond with Township to guarantee the installation of all public improvements
depicted on the Plan. A copy of said Bond with Corporate Surety/ Developer's Bond is attached
hereto and marked as Exhibit "B".
7. Concurrent with the submission of the Bond with Corporate Surety/Developer's
Bond, Developer delivered to the Township a Performance Bond executed and issued by Surety
in the amount of $846,553.55, to secure the construction of the public improvements as depicted
on the Plan. A copy of the Performance Bond is attached hereto and marked as Exhibit "C".
8. The Township Board of Supervisors approved the Memorandum of
Understanding and the Bond with Corporate Surety/Developer's Bond on September 23, 1998.
9. After recording the Plan, Developer began construction of the development as set
forth on the Plan.
10. On or about November 9, 2001, the Developer conveyed the property subdivided
by the Plan to Altieri Enterprises, Inc ("Altieri").
11. After purchase of the property subdivided by the Plan, Altieri proceeded to
construct the development as set forth on the Plan.
3
12. Pursuant to the request of Altieri, on or about September 25, 2002, the Township
approved a reduction in the Performance Bond from $846,553.55 to $549,000.99 because a
portion of the public improvements secured by the Performance Bond had been constructed.
13. Upon information and belief, the Township avers that either the Developer
retained the obligation to construct the public improvements or Developer assigned the
obligation to construct the public improvements to Altieri as a part of the sale of the property
subdivided by the Plan.
14. The Performance Bond does not preclude the Principal (Developer) from
assigning its rights and obligations to a successor (Altieri).
15. The Performance Bond provides that "the Principal and the Surety bind
themselves, their successors and assigns..."
16. The Performance Bond guarantees the completion of the public improvements
regardless of whether the obligation to construct the public improvements remains with
Developer or was assigned to Altieri.
IT The public improvements as depicted on the Plan have not been completed by
Developer or Altieri.
18. The Developer and Altieri have failed to complete the improvements although
notified by the Township to do so and are thus in default.
19. Although the Township has demanded that the Surety complete the construction
of the public improvements or pay the proceeds of the Performance Bond to the Township so
that the Township can complete the construction of the public improvements, Surety has failed
and refused to do so.
4
20. The proceeds of the Performance Bond are due and payable to the Township.
21. The Surety is in default of the Performance Bond.
WHEREFORE, the Township demands judgment against Surety for the amount of the
proceeds of the Performance Bond, $549,000.99, to cover the costs of completion of the public
improvements as depicted on the Plan, plus costs.
Date: 71101 U.
i& ownship of Silver Spring
Supreme Court ID #44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
5
EXHIBIT "A"
I = 1 1_ 'v E R S 1- F 1 1A l; 1 L41- - F' . 0 k?-
MEMOANDUM OF UERS'I'AIVDINC
.`anAlNnn Pre-:n•.mt Io R81 Oi... A proyal
This Memorandum of Understanding is entered into by and between the following
parties:
Silver Spring Township, hereinafter called "Township"
Shah Mathias, and
T/A Eastern Develotiment , hereinafter called "Owner"
Design
RECITAL
Shah Mathias
W1iEREAS, T/A Eastern Development ' Desi niS the owner of property
situated at P . o . Box 163 ed Lion, PA
WHEREAS, the Owner has submitted to the Township a final plan and application for
a project known as _Ginaerfield & Brook Meadow
WHEREAS, the Township has required, and the Owner has agreed, that, as a condition
precedent to Final plan approval, certain public Improvements will be completed by the
Omer, as provided in Article V of the Silver Spring 'T'ownship Subdivision and Land
Development Ordinance of 1995, as amended.
WHEREAS, the Township and the Owner desire to set forth their understanding
concerning the Owner's agreement and responsibility to install the public improvements and
pay the Township costs involved in processing, inspecting, and reviewing public improvements.
NOW, THEREFORE, Intending to be legally bound hereby, the Township and the
Owner agree as follows:
1. The Owner, at their expense, shall proceed to perform and complete only the
following public Improvements.
(Mck de tm ita"&a list of ?nprnvements)
All public improvements as depicted on Final Subdivision
Plans for Ginger Fields & Brook Meadow Cluster Development,
Sheets 1 through 32, Revision #1 dated 7-15-98, prepared by
Eastern Development And Design. Said public improvements to
be constructed in accordance with Silver Spring Township's
Improvements specification Manual.
Said improvement shall conform to the final plan.
2. The Owner shall construct the above public improvements in accordance with the
following work schedule:
(fndude begfiutM and vrdirtg does for all wWrovwwa)
Startina on^ or hpfnrp spni- qn hr qq L, pnrii ng, nn prh=FQr.
act
of God, labor dispute, moritori»m by local state nr fr+r9praj
authority.
?4U-G- 1 - =+ WED 1 :3 : 2-? S I L ER _:Pis 1 1•4 G T WP .
3. The Owner shall provide the Township with a minimum of two (2) working days,
notice of any intent to construct public improvements.
4. The Owner shall provide the Townshlp with a maintenance
accordance with Section 505 of the Subdivision and Land Development O d nanc?e,
g
in conjunction with this Memorandum.
5. The Owner agrees to reimburse the Tomhip for engineering and legal services
necessitated for the review of the Owner's documents and inspection of all
required public improvements.
6. The Owner agrees to hold harmless the Township from liability arising from
activity on the property.
7. In the event that any Improvements have not been Installed as provided by the
plan and this agreement, or any other failure of the Owner, the Board of
Supervisors are granted the authority to take all actions necessary to obtain monies
from the Owner, including, but not limited to, seizure of land and/or other
appropriate legal or eguitaUle action to recover the money necessary to complete
the remainder of the improvements and/or stabilize the property.
8. The terms of this agreement are binding upon the heirs and assigns of the subject
property, and shall remain in effect until said improvements are installed and
approved, or a suitable improvement guarantee is accepted by the Township.
IN WITNESS WHEREOF, the parties hence caused this Memorandum of
Understanding to be executed, dated this 2 y day of /?Fw vs T`
OWN
a„u
TOWNSHIP OF SILVER SPRING
BOARD OF SUPERVISORS
ATTEST:
Secretary
(NOTARY. SEAL,)
By
Chairperson
Board of Township Supervisors
(Sections 403.06 and 503)
EXHIBIT "B"
MADE IMS 24th_ day of AuQ , s . 19 9 s, by and between
(hereinafter "Developer")
A
N
?? D
a,
o SII.VE.R SPRING TOWNSHw, Cumberland County, Pennsylvania (hereafter "Silver
w U Spring")
=:3:
V WI MEAS, Developer is the owner of a certain parcel of land situated within Silver
w w r-Spting Township, said parcel of land being more particularly described in. Exhibit "A"
o x sattached hereto; and
04
.r., 0 0
•,4 y AS, Developer is desirous of developing said lands under a Subdivision plan
.r., W caption R F. F. S U E and dated R ' 199.a,
In A (hereafter "Plan"), as the same was approved by the Boar of Supervisors of Silver Spring
? on this date, copies of which Plan are marked Exhibit "B" and attached hereto; and
WEEREAS, in the application to Silver Spring for approval of the Plan the Developer
r? 44 w a indicated his intention to construct at his sole cost and expense (including but not limited
to engineering, inspection and legal expenses incurred by Silver Spring in connection with
6 the Flan) all those "Capital Improvements" more particularly described in Exhibit 'C
attached hereto; and
WHEREAS, Developer has agreed to deposit with Silver Spring a Bond with corporate
surety authorized by the Pennsylvania Insurance Conunission to do business in Pennsylvania,
or a certified check, in the amount of $ s 4 5, 5 5 3 . tguarantee the installation of the Capital
Improvements and reimbursement of Silver Spring for expenditures directly incurred in
connection with the Capital Improvements.
NOW, THEREFORE, 1T IS AGREED:
1. Developer covenants, promises and agrees to build, construct and install all Capital
Improvements in accordance -A ith the specifications of Silver Spring Township and in the
manner provided and approved by said Township, on or before the 30th day of
September ?nnn --, 19time being of the essence of this agreement.
2. Developer shall enter into contract(s) with such person or persons necessary to
construct the Capital Unprovements. Developer shall notify Silver Spring promptly thereafter
(1) that it has contracted for the construction of the pub1 is Improvements, (Z) the date
construction or installation shall commence, and (3) the name and address of the contractor
and the supervisor of the work for the contractor. The contract between Developer and his
contractor shall contain a provision that the construction or installation is subject to the
inspection and approval of Silver Spring. Developer warrants that the total cost of
construction of the Capital Improvements, including costs to Silver Spring, shall not exceed
$ 846,553.55 .
3. Developer concurrently delivers to Silver Spring its Bond with corporate surety, a
surety registered with the Pennsylvania Insurance Commission, in the amount of
$_,846,553.55 . The terms and conditions of the bond are that if (a) the Developer well
and truly and faithfully shall comply with and perform the terms of this Agreement, including
the construction of the Capital Improvements on or before September 30th
2QQQ, in the manner provided and approved by Silver Spring and (b Developer sh
indemnify completely, defend and save harmless Silver Spring, its officers, agents and
employees from any and all costs and damages which Silver Spring, its officers, agents and
employees may sustain or suffer by reason of Developer failing to adequately and properly
perform the terms and conditions of this contract, including the construction of the Capital
Improvements, then the Bond shall be void; otherwise, this Bond shall remain in force and
effect
The Bond shall name Silver Spring, its officers, agents and employees as obligees.
3. (Alternate). In lieu of a corporate surety bond, Silver Spring will accept the
Developer's Bond on the same terms and conditions and upon the payment of
$ in cash, which sum shall be held in escrow pending the performance of
this Agreement, including the construction of the Capital Improvements In a manner
approved by Silver Spring. The fund shall be deposited in a separate account and not co-
mingled with other funds of Silver Spring. There shall be no duty on the part of Silver
Spring to invest these funds or pay interest. At the conclusion of the performance of this
Agreement, including the construction of the Capital Improvements, the escrowed funds shall
be returned to Developer. In the event the Developer shall fail to construct the Capital
Improvements in a manner acceptable to Silver Spring, Silver Spring may, at its option, use
any or all of the escrowed funds to construct any or all of the Capital Improvements. In
the event the escrowed funds shall not be sufficient to satisfactorily construct the Capital
Improvements, Silver Spring may file the appropriate legal action against Developer based
on this Agreement and the Bond for the balance of the funds required to satisfactorily
construct the Capital Improvements.
3. (Alternate). In lieu of a corporate surety bond, Silver Spring will accept an
Irrevocable Letter of Credit (in form and substance to be approved by Silver Spring) from
on the Developer's behalf on the same terms and conditions as said Bond in the amount
of $ &A_ , which sum and Letter of Credit shall be posted as security for
perfomance of this Agreement, including the construction of the Capital Improvements in
a manner approved by Silver Sprung. In the event Developer shall fail to construct the
Capital Improvements in a manner acceptable to Silver Spring, Silver Spring may, at its
option, construct said Improvements at the Developer's expense, in which event the funds
represented by and posted through said Letter of Credit shall be used to reimburse Silver
Spring for the costs of such construction and its reasonable necessary ancillary expenses. In
the event the funds secured by said Letter of Credit shall not be sufficient to satisfactorily
construct the Capital Improvements or reimburse Silver Spring for its cost and expense to
construct the same, Silver Spring may file an appropriate legal action against Developer
based upon this Agreement for the balance of the funds required to so construct the Capital
Improvements or reimburse Silver Spring for the same.
4. Developer will cause the electric and telephone companies to install their
distribution facilities as underground facilities and not aerial, unless otherwise regulated by
the Public Utility Commission.
S. Developer shall be responsible for site maintenance, snow removal, trash removal,
etc. until all streets are accepted for dedication to the Township.
6. Silver Sprung shall designate an engineer to review Developer's plans and
specifications for the Capital Improvements.
7. During construction, Silver Spring shall designate an inspector to determine whether
the Capital Improvements are being made in accordance with the plans and Capital
Improvements specifications. It shall be the duty of Developer to notify Silver Spring at
critical times that inspection is to be made. It shall be no defense to Developer that an
inspector did not appear timely. Silver Spring shall do all things necessary to assure the
timely arrival of its inspector at the site of the Capital Improvements following notice by the
Developer.
8. Developer shall convey by deed or dedication all streets, alleys, roads, courts,
avenues, drives, public ways and park areas as these facilities are indicated or described on
the Plan.
9. Developer shall grant and convey by deed or dedication easements for rights-of-way
(including maintenance) for all sewer and water tines and telephone and electric facilities.
In the event easements are required from third parties, it shall be the duty of the Developer
to obtain them at his sole cost and expense.
10. Upon completion of the Capital Improvements and before acceptance by Silver
Spring Township, Owner shall deposit with Township a maintenance bond to ensure repair
of defective conditions appearing in said Capital Improvements within and for a period of
eighteen (18) months from the date of acceptance thereof by said Township, in form and
with sufficient surety acceptable to said Township, conditioned that if said Capital
Improvements are in satisfactory condition by Township standards at the end of said
maintenance period (eighteen months), then said bond to become void, otherwise to remain
in full force and effect until all defective conditions are remedied to Township's satisfaction.
11. Upon the satisfactory completion of the Capital Improvements, delivery of the
appropriate deeds or dedications and delivery of maintenance bond, Silver Spring agrees to
accept the Capital Improvements and to operate and/or maintain them.
LlC -1 WED 1? 8xL-VER SF>RZh1f-- TWP
F' _ L- 5
IMS AGRFJEMMU shall be binding upon the heirs, executors, administrators,
successors and assigns of Developer and Silver Spring.
11nfflLjf6ffy1h / -
( WIitUM
DE PER:
TOWNSHIP OF SMVER SPRING
By
Chairperson
Board of Township Supervisors
ATIM.-
Secretary
Sections 403.06 and 502.01)
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EXHIBIT "C"
Amount: $ 846,553.55
Bond No. 0707-12005
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS THAT WE, gwra-AZ M, IvAZHm T
as Principal, and John Deere Insurance Company, an Illinois corporation with it main b?ondingg office AND MRN
as Principal, and John Deere Insurance Company, an Illinois corporation with its main bonding offiic?e aa't ??
P.O. Box 357, Brownstown, PA 17508 as Surety, are held and firmly bound unto the SILVER SPRING
TOWNSHIP BOARD OF SUPERVISORS, 6475 Carlisle Pike, Mechanicsburg, PA 17055
as Obligee, in the full and Jjust sum of Eight Hundred Forty-Six Thousand Five Hundred
Fifty-Three and 55/100 Dollars ($846,553.55) --------------------------------
lawful money of the United States, to the payment of which sum, well and truly to be made, the
Principal and the Surety bind themselves, their successors and assigns, jointly and severally, firmly by
these presents.
SIGNED AND SEALED AND DATED THIS 10thday of August ,1998 Slpervisc rs
WHEREAS, the Principal has obtained approvals from the Sil%er firing TwEhip B.md of and
it's respective Boards to construct, install and complete certain Ginger Field and Brook Meadow
Subdivision
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall
carry out all the terms of said approvals and perform all the work as set forth the in n.a cc rdance
with said approvals and the requirements of the Si1xier ?yg dip B?d cf T?en this
obligation shall be null and void; otherwise to remain in full force and effect. FURTHERMORE, the
rights of the obligee hereunder are exclusive to it and the surety shall have no obligation hereunder to
any person or entity other than the named obligee herein. The rights of such obligee are not assignable.
Witness*
Witness:'-=11 =----
SHAHNAWAZ M. MATHIAS T/A
EASTERN DEVELOPMENT!' AND DESIGN
JOHN DEERE INSURANCE COMPANY-,.
Brent D. Headley, Attorrep -Fact
a,
John Deere Insurance Company
POWER OF ATTORNEY
Bond Number: 0707-12005
KNOW ALL MEN BY THESE PRESENTS, that John Deere Insurance Company, a corporation duly organized under the laws of the State
of Illinois, and having its principal place of business in the City of Moline, State of Illinois, does hereby make, constitute and appoint
James C. Byerly, Mary Anne-Brennan and Brent D. Headley its true and lawful Attomeys-in-Fact, for it, and in its name, place and stead, with
full power and authority to sign, execute, acknowledge and deliver for and on its behalf and Surety, any and all bonds to a maximum limit of
$5,000,000, per bond numbered above with an effective date of August 10
December 31, 1998. 1998. This Power of Attorney is valid through
.7
IN WITNESS WHEF
its corporate seal to
,re Insurance Company has caused name to be subscribed hereto by its Senior Vice President, and
to by its Assistant Secrets on this 16th day of June 1998.
Attest:
John Deere Insurance Company
Peter
John
,ell, Assistant Secretary
Insurance Company
I, Lisa L. Johnson, Notary Public, do hereby certify that Robert D. Holland, Sr. Vice President of John Deere Insurance Company and Peter
H. Lovell, Asst Secretary of John Deere Insurance Company, personally known to me to be the same persons whose names are subscri
to the foregoing
bed
instrument as such Senior Vi ce President and Asst Secretary, appeared before me this day in person, and acknowledged
that they signed, sealed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth.
Given under my hand and official seal, this 16th day of June 1998.
LINO A JOHNSON
MY COMMISSION EXP R 3BLI T
Lis o ry Public
AUTHORIZATION
I, Peter H. Lovell, Assistant Secretary of John Deere Insurance Company, hereby certify that John Deere Insurance Company is duly
licensed to transact fidelity and surety business in all States of the United States of America, that the foregoing Power of Attorney is a correct
and true copy of the original Power of Attorney, that said Power of Attorney has not been revoked, and I further certify that the following is a
true and exact copy of two resolutions passed by the Board of Directors of John Deere Insurance Company at meetings held by said Board, a
quorum being present and voting on the date specified below, which resolutions are still in effect:
RESOLVED, that the President or any Senior Vice President in conjunction with any Secretary or Assistant Secretary, be and they
are hereby authorized and empowered to appoint Attomeys-in-Fact of the company, its name and as its acts, to execute and acknowledge for
and on its behalf as Surety any and all bonds, recognizance, contracts of indemnity, waivers of citation and all other writings obligatory in the
nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attomeys-in-Fact shall be as
binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their
own proper persons. (Adopted 11 September 1969.)
RESOLVED, that the signature of any Officer authorized by the Bylaws and the Company seal may be affixed by facsimile to any
power of attorney or special power of attorney or certification of either for the execution of any bond, undertaking, recognizance or other
written obligation in nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of
such Officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed. (Adopted 29 April 1971.)
Given under my hand and official seal, this 16th day gt'Vune 1998.
Peter . Love I, sistant Secretary
z; ar?oRATE t;
o sou.v
State of Connecticut) ACKNOWLEDGEMENT
) ss.
County of Hartford )
VERIFICATION
The undersigned, WILLIAM S. COOK, as Manager of the Township of Silver Spring,
hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of
his knowledge, information and belief and further states that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities.
-LQI -
WILLIAM S. COOK, Township anager
Township of Silver Spring
r . ?
\ \ 9 - 7
CD
r ?
c
Michael W. Winfield, Esquire
Attorney I.D. No. 72680
William C. Boak, Esquire
Attorney I.D. No. 203506
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Defendant
TOWNSHIP OF SILVER SPRING,
Plaintiff
V.
SENTRY SELECT INSURANCE
COMPANY, f/k/a JOHN DEERE
INSURANCE COMPANY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CV-08-5384
NOTICE
NOW COMES Defendant, Sentry Select Insurance Company, f/k/a John Deere Insurance
Company, pursuant to the provisions of 28 U.S.C. Section 1446(d), and hereby files a copy of
the Notice of Removal (attached hereto as Exhibit "A"), which Notice was filed in the United
States District Court for the Middle District of Pennsylvania, and docketed at 4:08-CV-01862-
JEJ-TMB on October 9, 2008.
RHOADS &
BY: V ?vwu. V VI/ V WL"
Micha 1 W. Winfield
William C. Boak
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Defendant
716920.1
EXHIBIT "A"
}
Case 4:08-cv-01862-JEJ-TMB Document 1 Filed 10/09/2008 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TOWNSHIP OF SILVER SPRING,
Plaintiff
NO.
V.
SENTRY SELECT INSURANCE
COMPANY, f/k/a JOHN DEERE
INSURANCE COMPANY,
Defendants
NOTICE OF REMOVAL
Defendant Sentry Select Insurance Company ("Sentry Select"), by and
through its counsel, Rhoads & Sinon LLP, hereby gives notice to all interested
parties that the above-captioned action is removed to the United States District
Court for the Middle District of Pennsylvania on the basis of this Court's diversity
jurisdiction as follows:
1. This action was commenced by Plaintiff Township of Silver Spring on
September 10, 2008.
704958.1
Case 4:08-cv-01862-JEJ-TMB Document 1
Filed 10/09/2008 Page 2 of 5
2. Sentry Select was served with the Complaint on or about September
15, 2008. This is the date that Sentry Select first received, by service or otherwise,
a copy of the initial pleadings setting forth the claim for relief upon which this
action is based. True and correct copies of the Summons and pleadings that were
served upon Sentry Select are attached hereto as Exhibit "A".
3. This Notice of Removal is being filed within thirty (30) days after
service of the underlying Complaint on Sentry Select, and is therefore timely filed
under 28 U.S.C. § 1446(b).
4. District Courts have original jurisdiction of all civil actions where the
matter in controversy exceeds the sum or value or $75,000 and is between citizens
of different states. See 28 U.S.C. §1332(a)(1).
5. In the Complaint, Plaintiff seeks damages in the amount of
$549,000.99. Therefore, the "matter in controversy" exceeds the sum or value of
$75,000. 28 U.S.C. § 1332(a).
6. With respect to the diversity of citizenship between the parties as
alleged in the Complaint, Plaintiff is a Township of the second class located in
Cumberland County, Pennsylvania, and is therefore a citizen of Pennsylvania.
(Compl. ¶1).
-2-
Case 4:08-cv-01862-JEJ-TMB Document 1 Filed 10/09/2008 Page 3 of 5
7. Defendant Sentry Select is incorporated in the State of Wisconsin,
with a principal place of business at 1800 North Point Drive, Stevens Point,
Wisconsin 54481, and therefore is a citizen of Wisconsin. See 28 U.S.C.
§1332(c)(1).
8. Based upon the above, there is complete diversity of citizenship
between the Plaintiff and Defendant in this action.
9. Given that the amount in controversy is in excess of $75,000, and is
between citizens of different states, this Court has original jurisdiction over this
matter pursuant to 28 U.S.C. § 1332.
10. Because the above-captioned action is a Civil Action brought in a
state court of which the District Courts of the United States have original
jurisdiction, it may be removed to this Court pursuant to the provisions of 28
U.S.C. §1441.
11. Venue is properly made in this judicial district because the County in
which Plaintiff's Complaint was filed (Cumberland County) is within this judicial
district. 28 U.S.C. §§118(b), 1441(a).
12. In accordance with 28 U.S.C. § 1446(d), Sentry Select has filed this
Notice of Removal with the Prothonotary of the Cumberland County Court of
Common Pleas, and has served copies on Plaintiff's counsel.
-3-
Case 4:08-cv-01862-JEJ-TMB Document 1 Filed 10/09/2008 Page 4 of 5
WHEREFORE, Defendant Sentry Select Insurance Company respectfully
removes this action from the Court of Common Pleas of Cumberland County,
Pennsylvania to the United States District Court for the Middle District of
Pennsylvania.
Respectfully submitted,
RHOADS & SINON LLP
By: /s/Michael W. Winfield
Michael W. Winfield
Attorney I.D. No. 72680
William C. Boak
Attorney I.D. No. 203506
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Defendant
-4-
Case 4:08-cv-01 862-J EJ-TMB Document 1 Filed 10/09/2008 Page 5 of 5
CERTIFICATE OF SERVICE
I hereby certify that on October 9, 2008, a true and correct copy of the
foregoing Notice of Removal was served by means of United States mail, first
class, postage prepaid, upon the following:
Steven A. Stine, Esquire
23 Waverly Drive
Hummelstown, PA 17036
Lynne G. Ritter
Case 4:08-cv-01862-JEJ-TMB Document 1-2 Filed 10/09/2008 Page 1 of 20
EXHIBIT "A"
Case 4:08-cv-01862-JEJ-TMB Document 1-2 Filed 10/09/2008 Page 2 of 20
09/17/2002 TUE 08:17 FAX 715 3 9040 STEVEN'S POINT CLAIMS QJ002/020
GF?'
TOWNSHIP OF SILVER SPRING, : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. CV- Ili. 53rra CIVIL TERM
SELECT SENTRY INSURANCE : CIVIL ACTION -LAW
COMPANY, f/k/a JOHN DEERE
INSURANCE COMPANY
Defendant -` - v -- ?+
NOTLQ
f to
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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE 'I HE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AbENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE,
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, Pennsylvania 17013
717.249-3166
STEV A , F. IRE
23 Waver y Drive
Hummelstown, PA 17036
Dated: b (717) 963-1268
Case 4:08-cv-01862-JEJ-TMB Document 1-2 Filed 10/09/2008 Page 3 of 20
09/17/2002 TCB 08:17 PAIL' 716 S 1090 STEVENS POINT CLAIMS 16003/020
TOWNSHIP OF SILVER SPRING, ; IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY' PENNSYLVANIA
Plaintiff
v NO. CV- CIVIL TERM
SELECT SENTRY INSURANCE CIVIL ACTION -LAW
COMPANY, VVa JOHN DEERE
INSURANCE COMPANY
Defendant
COMPLAINT
AND NOW, comes the TOWNSHIP OF SILVER SPRING, Plaintiff, by its Solicitor,
Steven A, Stine, and avers the following:
I . The Plaintiff herein is the TOWNSHIP Or SILVER SPRING, a township of the
second class located In Cumberland County, Pennsylvania, having its offices at 6475 Carlisle
Pike, Mechanicsburg, Pennsylvania 17050 (the "Township').
2. The Defendant herein is SENTRY SELECT INSURANCE COMPANY, f/k/a
J014N DEERE INSURANCE COMPANY, a Wisconsin insurance company with an address of
1800 North Point Drive, Stevens Point, Wisconsin 54481 ("Surety"),
3. On or about July 22, 1998, Township approved the Final Subdivision Plan for
Ginger Fields and Brook Meadow Cluster Development (the "Plan") submitted by Shahnawaz
M. Mathias, t/a Eastern Development & Design (the "Developer") for property located along
Mulberry Drive in Silver Spring Township, Cumberland County, Penn.sylvania.
2
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4. The Plan was recorded in the Office of the Recorder of Deeds in and for
Cumberland County on April 13, 2000 in Plan Book 90, page 132.
5. One of the conditions of the Plan approval was that Developer enter into a
Memorandum of Understanding to complete the public improvements as depicted on the Plan, a
copy of which Memorandum of Understanding is attached hereto and marked as Exhibit "A".
6: In addition, Developer was required to enter into a Bond with Corporate
Surety/DevelopeVs •Bend with Tcwnshi2-,o guarantee the installation of all public improvements
depicted on the Plan. A copy of said Bond with Corporate Surety/ Developer's Bond is attached
hereto and marked as Exhibit "13'".
7. Concurrent with the submission of the Bond with corporate Surety/Developer's
Bond, Developer delivered to the Township a Performance Bond executed and issued by Surety
in the amount of $846,553.55, to secure the construction of the public improvements as depicted
on the Plan. A copy of the Performance Bond is attached hereto and marked as Exhibit "C".
The Township Board of Supervisors approved the Memorandum of
Understanding and the Bond with Corporate Surety/Devolopcr's Bond on September 23, 1998.
9. After recording the Plan, Developer began construction of the development as set
forth on the Plan.
10, On or about November 9, 2001, the Developer conveyed the property subdivided
by the Plan to Altieri Enterprises, Inc ("Altieri").
11. After purchase of the property subdivided by the Plan, Altieri proceeded to
construct the development as set forth on the Plan.
Case 4:08-cv-01862-JEJ-TMB Document 1-2 Filed 10/09/2008 Page 5 of 20
00/17/2002 TUB 08:18 FAX 715 3 0040 STEVENS POINT CLAIMS ID005/020
12. Pursuant to the request of Altieri, on or about September 25, 2002, the Township
approved a reduction in the Performance Bond from $846,553.55 to $549,000.99 because a
portion of the public improvements secured by the Performance Bond had been constructed.
13. Upon uaformation and belief, the Township avers that either the Developer
retained the obligation to construct the public Improvements or Developer assigned the
obligation to construct the public improvements to Altieri as a part ofthe sale of the property
subdivided by the. Ph
14. The Performance Bond does not preclude the Principal (Developer) from
assigning its rights and obligations to a successor (Altieri).
15. The Performance $ond providos that "the Principal and the Surety bind
themselves, their successors and assigns..."
16, The Performance Bond guarantees the completion of the public improvements
regardless of whether the obligation to construct the publio improvements remains with
Developer or was assigned to Altieri.
17. The public improvements as depicted on the Plan have not been completed by
Developer or Altieri,
18, The Developer and Altieri Rave failed to complete the improvements although
notified by the Township to do so and are thus in default.
19. Although the Township has demanded that the Surety complete the construction
of the public improvements or pay the proceeds of the Performance Bond to the Township so
that the Township can complete the construction of the public improvements, Surety has failed
and refused to do so.
4
Case 4:08-cv-01862-JEJ-TMB Document 1-2 Filed 10/0912008 Page 6 of 20
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20. The proceeds of the Performance Bond are due and payable to the Township.
21, The Surety is in default of the Performance Bond.
WHEREFORE, the Township demands judgment against Surety for the amount of the
proceeds of the Performance Bond, $549,000.99, to cover the costs of completion of the public
improvements as depicted on the Plan, plus costs.
Date: 2h D 10 a
of Silver Spring
Supreme Court ID #44859
23 Waverly Drive
Hummelstown, PA 17036
(717) 903-1268
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EXHIBIT r ";A')'
Case 4:08-cv-01862-JEJ-TMB Document 1-2 Filed 10/09/2008 Page 8 of 20
00/17/2002 TUE 08:18 FAX 715 S 8040 STEVENS POINT CLAIMS 0008/020
hti U L. -- 1 •a - -=- t:5 w A--,U 1 'S = :2 -•L U. A L_ 11 M R 6 1- R J. 1•t l:. I W , !°• _ 4t e,:.
MLMC?$? 1Ir M& r%w?L??RSTAiVDYNf:
Zen Of bblic Improvements
a on Off„ raced ito Muld.Unit ARp ..,l
This Memorandum of Understanding Is entered into by and between the following
parties:
Silver Spring Township, hereinafter called `Township"
Shah Mathias, and
m Eastern ve i hereinafter called "Owner'
Design
RECITAL
shah Mathias
Wk1ElrBAS, T/A Eastern Deve2o2mant $ DesiQnis the owner of property
situated at •o,Bdx 163. RAM t.; n» nr ,??r
WHEREAS, the Owner has submitted to the Township a t3nni plan and application for
a project known as Girgerf ' g] d & 0 asak Me-gdnw
WHEREAS, the Township hag required, and the Owner has agreed, that, as a condition
pprecedent to Final Plan approval, certain public Improvements will be completed b the
t?wvner, as provided in AMcie V of the Silver Spring Township Subdivision and Land
Development Ordinance of 1993, as amended.
WHEREAS, the Township and the Owner desire to set forth their understandin
concerning the Owner's agreement and responsibility to install the public improvements and
pay the Township costs involved In processing, Inspecting and reviewing public improvements.
NOW, 7MREFORE, intending to be legally bound hereby, the Township and the
Owner agree as follows:
1. The Owner, at their expense, shall proceed to perform and complete only the
following public Itnprovemelits.
{tne(ude cot ile n&ad list of improvements
All public improvemonte an depicted on Pinal Subdiviaion
Plane for Ginger Fl*lds A Brook hsadoV Cluster Development,
Shooto I through 31, liovlaton #1 dated 7-18-06, propprod by
kno"ra oevelopment And Design. Said pcblia Improvements to
be conetrurted in aoCosdanpe with CtlvOr Spring TovnRbip10 --
lmprvrementa uponIfication Manual. •
Said improvement shat! conform to trio final plan.
2. 'Me Owner shall comtruct the above public improvements in accordance with the
following work schedule;
(tnobids beg hnft w d ertdutg duxes for all rnWwYemeat)
_Starting nn n r he mro Gppit, 3nt,.h' ? QQR f ends n0 nn nr bS2;CC ro
_sgtlh -4nah 2000 _jat rag- nnnsih19 gor dWaya r 'end hSt An act
God, labor dis
authority. bu g. moL,l orjx& by local ALB- s or gd '-rai
au
Case 4:08-cv-0 1 862-J EJ-TM B Document 1-2 Filed 10/09/2008 Page 9 of?0
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wvas-iV-Vas wt?-.xj 16!6 4-1 1LVER %aPRlt-IG -rWp. P _eo 7
3. The Owner shall provida the TOW113W with a minimum of two (2) working daye
notice of Only intent to construct public improvements.
4. The Owner shall provide the Township with a maintenance
accordance with Section Spy of the Subdivision and Land Development Ordinaenoe
iv conjunction with this HemorandurtL
S. 7ha Owner a?ees to reimburse the Township for engineerIn and legal services
necessitated Lrnr the review of the Owncei documents end inspection of all
required public improvements.
6. ne Owner agrees to hold hatmless the Township from liability arising from
activity on the property.
7. In the event that any Improvements have not been installed as provided by the .
Elan and this agreement, or arq other failure of the Owner, the Board of
Sup6i*ift are granted durVathonty to take all actions necessary to obtain monies
from the Owner, induct % but not limited to, selmra of land and/or other
appropriate legal or ecjuitable actlon to recover the money necessary to complete
the remainder of the improvements and/or stablllze the property.
a The terms of this agreement are btnding upon the heirs and assigns of the subject
property, and shall rentairt In effect until said improvements are installed and
approved, or a suitable ttnprovement guarantee is accepted by the Township.
IN WITNBSS WHEREOF, the parties hence caused this Memorandum of
Understanding to be executed, dated this . _ .2 W day of :I vs -r' ?
OWNER:
TOWNSHIP OF SILVER SPRING
BOARD OF SUPERVISORS
ATTEST
Secretary
(NOT'A RY . Ste.)
By
airpersoa
Board of Township Supervisors
(Sections 403.06 and 503)
Case 4:08-cv-0 1 862-J EJ-TM B Document 1-2 Filed 10/09/2008 Page 10 of-20
00/17/2002 TUE 08:19 FAX 715 9040 STRVLNS POINT CLAIMS 10010/020
EXHIBIT "B"
Case 4:08-cv-01862-JEJ-TMB Document 1-2 Filed 10/09/2008 Page 11 of 20
00/.17/2002 TOTE 08:19 PAX 715 8040 STEVENS POINT CLAIMS 11011/020
MQND WI'1"iH CORPORAT'C..S3jHMMMEWP ,RS BOND
MADE TM$ „Z 4+-h day of Auo„ R e , 199 a, by and between
(hereinafter Tavelopee)
A
D
d
o SILVER SPRING TOWNSHIP, Cumberland County, PenMlvenia (hereafter "Silver
w
- 3
ro ° WHEREAS, Developer is the owner of a certain parcel of land situated within Silver
a w oSpring Township, said parcel of laud being more partictA rly described la Exhibit "A•
o ftuached hereto; and
.'., 0 0
AS, Developer is desirous of developing said lands under a Subdivision plan
;? I capti0ae • R R R S T ng. - and dated Tt ,19M.,
(hereafter 'Plan"), as the same was approved by the Bo of Supervisors of Silver Spring
ca 10 on this date, copies of which Plan are marked 'tlxtubit .B* and attached hereto; and
rv
V. w WMRBAS, is the application to Silver Spring for approval of the Platt the Developer
w indicated his Intention to construct at his sole cost and expense (including but not limited
to en&eerl:ng, inspection and legal expenses incurred by Silver Spring in connection with
the Plan) all those "Capital Improvements" more particularly described In Exhibit "C'
attached hereto; and
WMREAS. Developer has agreed to deposit with Silver Spring a Bond with corporate
surety authorized by the Pennsylvania Insurance Commission to do business in Penrrsylvarria,
or a certified eheck, la the amattnt of S 84 5, s s 3 . tsfuazantce the installation of the Capital
Improvements and reimbursement of 5ilver?Spring for expenditures directly incurred in
eonnection with the Capital Improvements.
NOW, UMREFORE, U IS AGREED:
1. Developer covenants, protabeS add agrees to build, construct and install all Capital
Improvements ill accordance Aith the spedfications of Saver Spring Township and in the
manner provided and approved by said Township, oa or before the Soth day of
September Znnn _ , 19__, time being of the essenoa of this agreement.
2. Developer shall enter into contract(s) with such person or persons necessary to
construct the Capital Unprovements. Developer shall notify Sliver Spring promptly thereafter
(1) that it has contracted for the construction of the pubkbc Improvortrents, (2) the data
construction or installation shall corarnence, and (3) the name and address of the contractor
Case 4:08-cv-0 1 862-J EJ-TM B Document 1-2 Filed 10/09/2008 Page 12 of 20
09/17/2002 TUE 08:10 FAIT 715 9040 STEVENS POINT CLAIMS i Q012/020
and the supervisor of the work for the contractor. The contract between Developer and WS
contractor shall contain a provision that the corWmction or installation is subject to the
inspection, and approval of Silver Spring. Developer warranis that the total cost of
construction of the Capital Improvements, including costs to Silver Spring, shall not exceed
$ 846,553.25 3. Developer concurrently dettvars to Silver Spring Its Bond with corporate surety, a
surety registered with the Petu>sylvaMiL Insurance Commission, in the amount of
$ 846 553.55 . The terms and conditions of the bond are that if (a) tho Developer well
and truly and Offiftilly shrill comply with and perform the terms of this Agreement, Including
the constriction of the Capital Improvements on or before sa tembe 301
2Q??, in the manner provided and approved by Silver Spring and tvelapor sh
ittdemtri?jr completely, defend and save harmless Silver Spring, its officers, agents and
employaas from any and all coats and damages which Silver Spft its officers, agents and
employees mtay sustaln or suffer by reason of Developer !'ailing to Adequately and proporly
perform the terms and conditions oX this contract, including the construction of the Capital
Improvements, then the Bond shell be void; otherwise, this Bond sball remain in force and
effect
7'b o Bond shall name Silver Spring, its officers, agents and employees as obligees,
3. (Alternate). In lieu of a corporate surety bond, Silver Spring will accept. the
Developer's Bond on the Me tenns and conditions and upon the payment of
S DieA in cash, which suns shall be held in escrow pending the performance of
this Agreement, Including the construction of the Capital Improvements In a mariner
approved by Silver Spring. The fund shalt be deposited in a separate account and not co-
mmgled with other funds of Silver Spring. 'here skull be no duty on the part of Silver
Spring to Invest these Amds or pay Interest. At the conclusion of Lire performance of this
Agreement, including the constrction of the Capital Improvements, the escrowed funds shall
be returned to Developer. xu the event the Developer shall fail to construct the Capital
Improvements in a mamrer acceptable to Silver Spring, Silver Spring may, at Its option, use
any or all of the escrowed funds to construct any or all. of the C ttai Improvements, In
Lie event the escrowed funds shall not be sufficient to satisfactox construct the Capital
Improvements, Silver Spring may file the appropriate legal action against Developer based
on this ,A?grecracmt and the Bond for the balance oP the funds required to satisfactorily
construct the Capital improvements.
3. (Alternate). In lieu of a corporate surety bond, Silver Spring will accept an
irrevocable Letter of Credit (in form and substance to be approved by Sliver Spring) from
on the Developer's behalf on the same terms and conditions as wild Bond in the amount
of S NIA , which sum and Letter of Credit shall be posted as security for
performance of this Agreement, Including the construction of the Capital Improvements in
a manner approved by Silver Spring. In the event Developer shall fail to construct the
Capital Improvements in a mazmer acceptable to Silver Spring, Silver Spring may, at its
option, construct said improvements at the DevelopW3 expeme, In which event tho funds
represented by and posted through said Letter of Credit shalt be used to reimburse Silver
Case 4:08-cv-01862-JEJ-TMB Document 1-2 Filed 10/09/2008 Page 13 of 20
09/17/2002 TUE 08:10 PAX 715 0 19040 STEVENS POINT CLAIMS 9013/020
Spring for the costs of such construction and its reasonable necessary ancillary expenses. In
the event the funds secured by said Letter of Credit shall not be sufficient to satisfactorily
Construct the Capital IatpmVaments or reimbmse Silver spring for its cost and expense to
construct the s8me, Silver Spring may file an appropriate legal action against Developer
based upon this Agreenmet for the balance of the hinds roguimd to so construct the Capital
Improvements or reimburse Silver Spring for tha same.
4. Developer will causo the electric and telephone companies to install their
&stribation facilities as mWergrouxnd facilities and not aeria4 unless otherwise regulated by
the Public 1Ut>7ity Commission.
S. Developer shall be resporesiblc for site maintenance, snow removal, trash removal,
etc, until ell streets are accepted for dedication to the Township.
b. Silver- -Spring Shall debate an engineer to review Developer's plans and
specifications for the Capital InVrovCments.
7. Dtuing construction, Silver Spring shall designate an inspector to detesmiuae whether
the Capital Impxovemouts are being made in accordance with the plans and Capital
Improvements specdcadons. It shalt be the duty of Developer to notify Silver Spring at
critical times that inspecdon is to be made. It shall be no defense to Developer that on
inspector did not appear timely, Silver Spring sball do all things necessary to assure the
timely arrival, of its inspector at the site of the Capital Improvements following notice by the
Developer.
8. Developer shall convey by deed or dedication all streets, alleys, roads, courts,
avennrs, drives, public ways and park areas as these facilities are indicated or dosenbed on
the Plan.
9. Developer shall grttat and convey by deed or dedication easements for rights-of-way
(including maintenance) for all sewer and writer lines and telephone and electric facilities.
In the event easements are required from third parties, it shall be the duty of the Developer
to obtain them, at his sole cost and expense.
10. Upon completion of the Capital Improvements and before acceptance by Silver
Spring Township, Owner shall deposit with Township a maintenance bond to ensure repair
of defective conditions appeezing in said Capital Improvements within and for a period of
eighteen (18) months &= the date of acceptance thereof by said Township, in form and
with sufficient surety acceptable to said Township, conditioned that if said Capital
Improvements are in satisfactory condition by Township standards at the end of said
maintenance period (eighteen months), then s8id bond to become void, otherwise to remain
in full force and effect until all defective conditions are remedied to Township's satisfaction.
11. Upon the satisfactory completion of the Capital Improvements, delivery of the
appropriate deeds or dedications and delivery of maintenanco bond, Silver Spring agrees to
accept the Capital Improvements and to operate and/or matntnln them.
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?{?'? -ly-`iLt W?11 13:-12 SXLLVSk L:PRXVic; 71-1p-
TCS AGP-BBb NT shall be bindimS upon the hears, wcators, administrators,
successors and assigns of Developer and Silver Sptfre,
Gvli?¢ss)
'???
-A 4.0
TOWNSHW OF Smvm SOwNG
BY
Chairperson
Board of Towwbip Supervisors
AITESP:
Secretary
Sections 403.06 and 502.01)
Case 4:08-cv-0 1 862-J EJ-TM B Document 1-2 Filed 10/09/2008 Page 15 of 20
09/17/2002 TUE 08:20 FAY 716 9040 STEVENS POINT CLAIMS 0016/020
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09/17/2002 WE 08:20 PAX 716 0040 STEVENS POINT CLAIMS
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Page 16 of 20
16018/020
Case 4:08-cv-01862-JEJ-TMB Document 1-2 Filed 10/09/2008 Page 17 of 20
09/17/2002 TUE 08:20 FAX 715 9040 STEVENS POINT CLAIMS IM017/020
EXHIBIT "C"
Case 4:08-cv-0 1 862-J EJ-TM B Document 1-2 Filed 10/09/2008 Page 18 of 20
09/17/2002 TUE 08:20 FAX 716 9040 STEVENS POINT CLAIMS iN18/020
Amount: 3 846, 553.55
Bond No. 0707-12005
PERFORM, Bonn
KNOW ALL MEN BY THESE PRE5ENT5 THAT W4 SPH- m x mmm T/A msim raealme iW 0?slw
as Principal, and John Deere Insurance Company, an Illinois corporation with its main bonding office at
P.O.13ox 357, Brownstown, pA 17508 as Surety, are held And firmly bound unto the SILVER SPRING
TOWNSHIP SDARD OF SOPERVISORS, 6475 Carlisle Pike, mchaniesburg, PA 17055
as Obligee, in the full and just sutn of Eight Hur?dred Forty-Six Thousand Five Hundred
Fifty-Three and 55/100 Dollars ($846,553.55) -----------__,.------------------
lawful money of the United States, to the payment of which sum, well and truly to be made, the
Principal and the 5drbty Lind themselves, thftsueces6ors and assigns, jointly and severally, firmly by
these presents.
SIGNED AND SEALWAN•DDATEDTfils 10thdayof August: 1998 spervk"s
WHEREAS; the Principal has obtalned approvals from the Mmar Spc ng Tan'ship 8.mW pE and
it's respective Boards to construct, install and complete cerLain Ginger Field and Brook Pleadow
Subdivision
Now, THEREFOt.L THE CONDITION OF THI5 ODUCATION IS SUCH, that if the Principal shall
carry out all the terms of said approvals and perform all the work as set forth thew l rdance
with said approvals and. the requirements of the silver Spdt?g' agehip limed CIE this
obligation shall be null and void; otixrwige to remain in full force and effect. FMTHERMORE, the
rights of the obligee hereunder are exclusive to it and the surety shall have no obligation hereunder to
any parson or entity other than the muted obligee herein. The rights of such obligee are not assignable.
Witness*(&_ _UWLd
Witness:
SHARMNAZ M. MATHIAS T/A
EAS'T'ERN rEVELOPt4vPTP AND DESIGN
By -A!t._.._,
JOHN DEM rN/S'?URANCE COMPANY'.
f_,J_(,? _ R + ` r
- Brent D. t feadlay . At orii Ft?rt
r.
Case 4:08-cv-01862-JEJ-TMB Document 1-2 Filed 10/09/2008
09/17/2002 TUE 08;20 FAX 716 9090 STEVENS POINT CLAIMS
John Deere Insurance Company
POWER OF ATTORNEY
Bond Number: 0707-12005
Page 19 of 20
Q019/020
KNOW ALL MCN By THESE PRESENTS, that John Deere Insurance Company, a corporation duly organized under the laws of the State
of Iilinoia, and having Its prino pel place of business in the City of Moline, State of Owls. does hereby make, constitute and appoint
James C. Byerty, Maly Anna Brennan end 13rent D. Headley its true and lawful Attdmeya-ln-Fact, for it, and in its name, place and Strad, with
full power and authority to sign, execute, acknowledge and deliver for and an Its behalf and Surety, any and all bonds to a maximum limit of
$5,000,000. per bond numbered above with an effective date of AtU?t 10 1998, This Power of Attorney Is valid through
December 31, 1928. .r
Insurance Company has raised name to be subscribed hereto by Its Senior Vice President, and
by Its Assistant Secretgp(ron aft f 61h day of June 1996.
Attest_
John Deer Insurance Company
I, Lisa L Johnson, Notary Public, do hereby cenify that Robert D, Holland. Sr, Vice President of John Deere Insuranoe Company and Peter
H. Lovell, Asst Secretary of John Deere lnsurance Company, personally known to me to be the same persons whose names are subscribed
to the foregoiruJ instrument as such Senior Vice President and Asst Secretay, appeared before me this day in person, and acknowledged
that they signed, sealed and delivered said Instrument as their free and voluntary act for the uses and purposes (herein set forth.
Given under my hand and official seat, this 161h day of June 1998.
LISA L. JOHNSON
NOTARY Pu=
MY COMMISSIQfI 0" M t
Lis ry public
AUTHORITJiTiON
1, Pater H. Lovell, Assistant Secretary of John Deere Insurance Company, hereby certify that John Deere Insurance Company is duly
licensed to transact fidelity and surety business In all States of the United States of America, that the foregoing Power of Attorney is a correct
and true copy of the original power of Attorney, that said Power of Attorney has not been revoked. and t further certify that the following is a
true and exact copy of two resolutions passed by the Board of Directors of John Deere Insurance Company at meetings held by said Soerd, a
quorum being present and voting on the date specified below, which resolutions are still in effect:
RESOLVED, that the President or any Sardor Vice President in conjunction with any Secretary or Assistant Secretary, be and they
are hereby authorized end empowered to appoint Attomeys•in-Fact of the cOMMny. Its name and as its acts, to execute and acknowledge (or
and on As behalf as Surety any and all bonds, recognisnanca, contracts of indemnity, waivers of chation and all other writings obligalory)n the
nature thereof, with power to attach thereto the seat of the Company. Any such writings so executed by such Attomays-in-Fact shall be as
binding upon the Company as if they had been duty executed and acknowledged by the regularly elected Officers of the Company in their
own proper persons. (Adopted 1 t September 1869.)
RESOLVED, that the signature of any Officer authorized by the Bylaws and the Company seat may be affixed by facsimile to any
power of attorney or special power of attorney or certificadon of either for the execution of any bond, undenak(ng, recognisance or other
written obligation in nature thereof, such slgrmturs and seal when so used being hereby adopted by the Company ae the original signature of
such Officer and the original seal of the Company, to be valid and binding upon the Company with the same (6mv and 9116ct as though
manually atfrxed. (Adopted 29 April 1971)
Given under my hand and official seal, this 16th day June 1998.
rPA.
. h,
COP
xs
Peter . 1.04 11, sistant Secretary
ORAL
O?.
lr
State of Connecticut) ACKNOWLEDGEMENT
) ss.
County of Hartford )
Case 4:08-cv-01 862-J EJ-TMB Document 1-2 Filed 10/09/2008 Page 20 of 20
09/17/2002 TUE 08:20 FAA 715 0040 STEVENS POINT CLAIMS 0020/020
VERIFICATION
The undersigned, WILLIAM S, COOK, as Manager of the Township of Silver Spring,
hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of
his knowledge, information and belief and further states that false statements herein are made
subject to the penalties, 0£13 Pa.C.S, Seetiop 4904 relating to unsworn falsification to authorities.
- ? Q?
WILLIAM S. COOK, Township anager
Township of Silver Spring
PAMDEfilingstat@pamd.usco
urts.gov
10/09/2008 11:27 AM
To pamd_ecf_nef@pamd.uscourts.gov
cc
bcc
Subject Activity in Case 4:08-cv-01862-JEJ-TMB Township of Silver
Spring v. Sentry Select Insurance Company Notice of
Removal
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT
RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States
policy permits attorneys of record and parties in a case (including pro se litigants) to
receive one free electronic copy of all documents filed electronically, if receipt is required
by law or directed by the filer. PACER access fees apply to all other users. To avoid later
charges, download a copy each document during this first viewing. However, if the
referenced document is a transcript, the free copy and 30 page limit do not apply.
United States District Court
Middle District of Pennsylvania
Notice of Electronic Filing
The following transaction was entered on 10/9/2008 at 11:30 AM EDT and filed on 10/9/2008
Case Name: Township of Silver Spring v. Sentry Select Insurance
Company
Case Number: 4:08-cv-1862
Filer: Sentry Select Insurance Company
Document
Number: 1
Docket Text:
NOTICE OF REMOVAL by Sentry Select Insurance Company from Cumberland
County Court, case number 08-5384. (Filing fee $ 350 receipt number 1403152),
filed by Sentry Select Insurance Company. (Attachments: # (1) Cumberland
County complaint)(Ig, )
4:08-cv-1862 Notice has been electronically mailed to:
Michael W. Winfield mwinfield@rhoads-sinon.com, fritter@rhoads-sinon.com
4:08-cv-1862 Filer will deliver notice by other means to::
William C. Boak
Rhoads and Sinon LLP
PO Box 1146
Harrisburg, PA 17108-1146
Steven A. Stine
James, Smith, Durkin & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecf5tamp_ID=1027698419 [Date= 10/9/2008]
[FileNumber=2125764-0
]
[5ff89ba348af458c57c35467329b584f7587dd982614add34a8bdba3285b54f372b
7c5960bdef96eb689af50e55f5321481cbb4ea3189fb4aca45f37eld03c50]]
Document description: Cumberland County complaint
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1027698419 [Date= 10/9/2008]
[FileNumber=2125764-1
]
[1140326e55c98ef8beaOa135bda9e7le8laa27dda6105fe21aaa878af139dd3ab06
d6d4b693127de9c4al5e12ee8f2a5be992d47988418a9eae52ca2lc6be66e]]
CERTIFICATE OF SERVICE
I hereby certify that on October 9, 2008, a true and correct copy of the foregoing Notice
was served by means of United States mail, first class, postage prepaid, upon the following:
Steven A. Stine, Esquire
23 Waverly Drive
Hummelstown, PA 17036
Lynne G. itter
?
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Cry
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