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HomeMy WebLinkAbout05-1927 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEL v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI NO. 05 - 19;),7 (li,,:/ MICHAEL J. ECKERT, Plaintiff MARK X. DISANTO and JAMES E. GRANDON, JR., Defendants CIVIL ACTION - EQUITY NOT ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take acti n within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warne that if you fail to do so the case may proceed without you and judgment may be entered against you by the court without furth notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose mone or property or other rights important to you. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 Dated: April 15, 2005 BY: Jennlf r B. Hipp, Esquire One West Main Street Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 86556 B . Jame D. One West Main reet Shiremanstown, pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 19475 MICHAEL J. ECKERT, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI v. NO. 05 - / q :L 7 MARK X. DISANTO and JAMES E. GRANDON, JR., Defendants CIVIL ACTION COMPLAINT Plaintiff, Michael J. Eckert, by and through his attorney, Jennifer B. Hipp, Esquire, and James D. Bogar, Esquire, respectfully represents as follows: 1. Michael J. Eckert is an adult individual residing at 65 4. Defendants, Mark X. DiSanto and James E. Grandon, Jr., Orrs Bridge Road, Mechanicsburg, pennsylvania 17050. 2. Defendant, Mark X. DiSanto, is an adult individual. 3. Defendant, James E. Grandon, Jr., is an adult individual. are the owners in fee simple of a tract of ground situated in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 781 Orrs Bridge Road, comprised of 56 acres, more 0 less, and improvements thereon. A copy of the deed conveying ownership of the tract of ground to Mark X. DiSanto and James E. Grandon, Jr. is attached hereto, marked as Exhibit "A", and incorporated herein. 5. Defendants Mark X. DiSanto and James E. Grandon, Jr. a e causing the tract of ground known and numbered as 781 Orrs Brid e Road to be developed as a single family residential developmen known as the Silver Brook Development. 6. Plaintiff resides in Hampden Township, Cumberland County, adjacent to property that is part of the land upon whi h the Silver Brook Development is being developed and constructe 7. Plaintiff entered into an Agreement with Defendants M rk x. DiSanto and James E. Grandon, Jr., on behalf of the Silver Brook Development, which is dated February 27, 2003, and was recorded with the Cumberland County Recorder of Deeds on March 17, 2003. A copy of the Agreement is attached hereto, marked s Exhibit "B" and incorporated herein. 8. The Agreement sets forth certain obligations and responsibilities as between Plaintiff and Defendants with rega d to the Defendants' construction of the Silver Brook Developmen and the impact that the construction would have on Plaintiff's property. 9. The Agreement also sets forth certain obligations and responsibilities on the part of Plaintiff with regard to aidin the Defendants in the construction of the Silver Brook Development. 10. Several of Defendants' obligations and responsibiliti s as set forth in the Agreement remain unfulfilled. 11. Defendants have failed to complete their obligations as set forth in paragraph No.1 of the Agreement, same being that: Silver Brook shall undertake the labor and expense to relocate the driveway on the Eckert Property that provides access from the Orrs Bridge Road to Eckert's home. The labor and expense shall include, but not necessarily be limited to, Silver Brook obtaining any and all required permits (for example, for Hampden Township or Pennsylvania purposes), and performing all grading, curbing, curb cuts and seeding of the surrounding lawn so that the driveway is easily accessible and serviceable. The driveway shall be a minimum of sixteen (16') feet in width to provide for unimpeded access and shall be constructed at a point of Eckert's choosing along the proposed Trayer Lane. Eckert shall approve the location of the driveway in advance of its relocation and construction on the Eckert Property. See Exhibit "B." 12. Defendants have failed to complete their obligations as set forth in Paragraph No.2 of the Agreement, same being that Silver Brook shall perform and pay for the costs of the relocated driveway on the Eckert Property to be paved to prevent dirt and stones from being deposited on the proposed Trayer Lane as well as to accommodate run-off to the proposed storm drain system. Silver Brook shall perform and pay for the costs of that work to be properly completed all in accordance with the standards of Hampden Township and to the satisfaction of Eckert. See Exhibi t "B." 13. Defendants have failed to complete their obligations as set forth in Paragraph No. 3 of the Agreement, same being that: Silver Brook shall perform and pay for the costs of all necessary and required work to remove the existing driveway on the Eckert Property. After removing the existing driveway, the portion of the Eckert Property that forms the existing driveway shall be capped by a minimum of six (6") inches of top soil, which shall be seeded and stabilized. The construction and landscaping work shall extend from the current egress point of the existing driveway at Orrs Bridge Road to a point that is parallel with the front corner of the existing enclosed side porch of Eckert's home. See Exhibi t "B." 14, Defendants have failed to complete their obligation as set forth in Paragraph No.6 of the Agreement, same being tha Silver Brook shall provide and obtain all necessary and required labor, permits, fees and materials for public water service from the public water main to be installed to serve Silver Brook to Eckert's home. Eckert shall approve the location of said water connection and water line service in advance of its construction and installation on the Eckert Property. See Exhibi t "B." 15. By correspondence dated May 21, 2004, Plaintiff advi ed Defendants that several of Defendants' obligations as set fort in the Agreement remained incomplete, specifically those obligations as set forth in Paragraph No. 6 of the Agreement. 16. Pursuant to his obligations as set forth in the Agreement, Plaintiff granted to Silver Brook a temporary easem nt for access and construction to access portions of Plaintiff's property to make any and all necessary modifications for the construction of a storm water drainage system and related improvements to the Orr's Bridge Road. See Exhibit "B", Paragraph No.8. 17. Pursuant to his obligations as set forth in the Agreement, Plaintiff permitted Defendants to remove certain tr es located on Plaintiff's property to facilitate Defendants' construction of an entrance road to the Silver Brook Deve10pmen See Exhibit "Boo, Paragraph No.9. 18. On or about April 15, 2004, Defendants or one of Defendants' agents advised plaintiff that Defendants would no fully perform their obligations as set forth in their Agreeme t with Plaintiff, specifically with regards to Defendants' obligations as set forth in Paragraph No. 6 of the Agreement. See Exhibit "B", Paragraph No.6. 19. At no point during the negotiations between Plaintif and Defendant in entering into the Agreement were the obligati ns of Paragraph No. 6 conditioned upon the performance or non- performance of certain events or conditions with regard to the manner and placement by which the Silver Brook Development wou d be connected to the public water system. 20. No conditions for performance of either Plaintiff's r Defendants' obligations were drafted into the Agreement. 21. On May 25, 2004, Plaintiff, Plaintiff's attorney, Defendants' agent, John DiSanto, and Defendants' attorney, met at Plaintiff's home. 22. The purpose of the meeting on May 25, 2004 was for Plaintiff and Defendants to attempt to reach a resolution regarding Defendants' refusal to connect Plaintiff's home to t public water system, as set forth in Paragraph No. 6 of the Agreement. See Exhibit "B". 23. On May 25, 2004. Defendants' agent, John DiSanto, stated that Defendants would not connect Plaintiff's home to th public water system. 24. On May 25, 2004, Defendants' agent, John DiSanto, stated that Defendants were refusing to connect Plaintiff's to the public water system because, since entering into the Agreement, Defendants had determined that such a connection be too expensive. 25. In reliance upon the promises to perform those item as set forth in the Agreement, Plaintiff fully performed all of obligations. See Exhibit "B". 26. During the initial construction phases of the Silver Brook Development, Plaintiff endured trespassing onto his property that exceeded the scope of the construction easement nd caused damage to his property. 27. Defendants, Defendants' agents or Defendants' subcontractors caused heavy construction equipment to be drive across the private septic system that served Plaintiff's home, thereby crushing and destroying that system. 28. Until Defendants connected Plaintiff's home to the public sanitary sewer system, plaintiff was forced to rely upo a port-o-let that he rented and placed in his backyard for use a a restroom facility. 29. Plaintiff was forced to rely upon the port-o-let located in the backyard of his property for a period of eight (8) weeks. 30. Plaintiff incurred costs in the amount of $142.00 to rent the port-a-let facility. 31. A reasonable period of time has lapsed for Defendan s to have fully performed their obligations as set forth in the Agreement. COUNT I - ANTICIPATORY BREACH OF CONTRACT 32. The averments contained in Paragraph No.1 through d including Paragraph No. 31 are incorporated herein by referenc thereto. 33. Pursuant to the Agreement between plaintiff and Defendants, Defendants agreed to "provide and obtain all necessary and required labor, permits, fees and materials for public water service from the public water main to be instal1e to serve Silver Brook to Eckert's home." See Exhibit "B", Paragraph No.6. 34. Defendants repudiated their obligation to "provide a d obtain all necessary and required labor, permits, fees and materials for public water service from the public water main 0 be installed to serve Silver Brook to Eckert's home." See Exhibit "B", Paragraph No.6. 35. Defendants, despite proper request and demand by Plaintiff, have refused to perform their obligation to install public water service from the public water main that will serv the Silver Brook Development to Plaintiff's home. WHEREFORE, Plaintiff demands judgment against Defendants, Mark X. DiSanto and James E. Grandon, Jr., for anticipatory breach of contract in an amount commensurate with the costs t provide public water service to Plaintiff's home, same being $50,000.00, plus interest, together with the costs of this action, attorney's fees and any and all other relief deemed j st and appropriate. COUNT II - BREACH OF CONTRACT 36. The averments contained in Paragraph No.1 through a d including Paragraph No. 35 are incorporated herein by referenc thereto. 37. Pursuant to the Agreement between plaintiff and Defendants, Defendants agreed to "provide and obtain all necessary and required labor, permits, fees and materials for public water service from the public water main to be installe to serve Silver Brook to Eckert's home." See Exhibit "B", Paragraph No.6. 38. Defendants have failed to fulfill their obligations nd responsibilities pursuant to their Agreement with plaintiff as set forth in Paragraphs Nos. 1, 2, 3 and 6 of the Agreement. ee Exhibit "B", Paragraphs Nos. 1, 2, 3 and 6. 39. Defendants, despite proper request and demand by Plaintiff, have refused to perform their obligation to install public water service from the public water main that will serv the Silver Brook Development to Plaintiff's home as well as fulfill their other obligations that remain outstanding pursu nt o the Agreement. WHEREFORE, Plaintiff demands judgment against Defendants, Mark X. DiSanto and James E. Grandon, Jr. for breach of contr ct in an amount commensurate with the costs to provide public wa er service to Plaintiff's home and fulfill the other obligations that remain outstanding pursuant to the Agreement, same being $50,000.00, plus interest, together with the costs of this action, attorney's fees and any and all other relief deemed JU t and appropriate. COUNT III - UNJUST ENRICHMENT 40. The averments of paragraph 1 through and including Paragraph No. 39 are incorporated herein by reference thereto. 41. Plaintiff and Defendants entered into an Agreement f r the performance of certain obligations. See Exhibit "BU. 42. Plaintiff fully and adequately performed his obligations pursuant to the Agreement and as requested by Defendants. 43. As a direct and proximate result of Defendants' refu al to perform their obligations pursuant to the Agreement, Defendants have been unjustly enriched in the amount of $50.000.00. WHEREFORE, Plaintiff demands judgment against Defendants, Mark X. DiSanto and James E. Grandon, Jr., in the amount of $50,000.00, plus interest, together with the costs of this action, attorney's fees and any and all other relief deemed J st and appropriate. Respectfully submitted, The Law Offices of Bogar and Hi Dated: April 15, 2005 ~t,~ BY: Jennife Esquire One West Main Street Shiremanstown, Pennsylvania (717) 737-8761 Supreme Court ID No. 86556 1701 BY' James D. One West Main eet Shiremanstown, Pennsylvania 1701 (717) 737-8761 Supreme Court ID No. 19475 VERIFICATION I verify that the statements made in this Complaint are rue and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification DATE 4 zrj , 2005 ?A6~ ," :;,,;'~T ;', ZIEGLER Rmel-:tF lO~[& ~ 13l~ - 0 I 10- is ~ I~,H 00 I TR.O~ . . .' /fIJGc, L '., COE:'CR Or DEEDS ii:RLAND COUNTY-' , 03 rlnn 10 Af'11118 DEED TIllS INDENTURE made this ~ day of March, 2003, BETWEEN Grace P. Trayer, a widow, (hereinafter referred to as Grantor), AND Mark X. DiSanto and James Grandon, Jr., in their individual capacities, as Tenants in Co (hereinafter referred to as Grantees), WITNESSETH that in consideration of One and 00/100 (SI.00) Dollar lawful mo the United States of America in hand paid by the said Grantees, and other good and val consideration, the receipt whereof is hereby acknowledged, the Grantor does hereby gran convey to the said Grantees, their heirs and assigns, as Tenants in Common: All that certain lot or tract of ground situate in Hampden Township, Cumberland County P A, more particularly bounded and described as follows, to wit: Beginning at a PK nail on the centerline of OIT's Bridge Road at lands N/F of Paul Gill, DB 5 51; thence along said centerline S29-04-39E 62.00 feet to a PK nail at lands NIF of Mich Eckert, DB 250, Pg 3476; thence along said lands and lands N/F of Michael E. Stoner, DB 27- S83-27-21 W 520.06 feet to a pin; thence along said lands of Stoner S26-42-29E 459.65 feet to at lands NIF of Veri in and Barbara Curtis, DB 31-N-707; thence along said lands of Curtis SI 57- 29E 209.00 feet to a pin at lands NIF of Hampden Township Sewer Authority, DB 29-H-193; th ce along said lands of the sewer authority N74-27-29W 363.80 feet to a pin; thence along the s e N88-12-29W 157.50 feet to a pin; thence along the same and along lands N/F of Steven J. Sebas 'an, DB 132, Pg 814, S80-52-47W 405.93 feet to a pin; thence along said lands of Sebastian N08 15- 32W 69.28 feet to a pin; thence along the same 579-29-01 W 243.76 feet to a pipe at lands N of Manuel McDilda, DB 33-0-213; thence along said lands of McDilda S79-08-42W 199.83 feet 0 a pipe; thence along the same S08- 37 -IOE 107.86 feet to a pin; thence along the same and along I ds N/F of Cory Eisenhower, DB 31-B-113, S75-00-55W 263.04 feet to a pin; thence along said I ds of Eisenhower S50-27-53W 46.57 feet to a pin; thence along the same N62-07-07W 157.60 fe to a pipe; thence along the same and along lands N/F of James Grandon, DB 34- T -346, and thro gh Sears Run and through an existing sanitary sewer S33-07,53W 168.00 feet to a point; thence al ng said lands of Grandon N21-27-29W 571.00 feet to a point; thence along the same and through S Roo and through said existing sanitary sewer N05-27-29W 610.00 feet to a point; thence along d through the same NI4-12-29W 295.14 feet to a point; thence along the Final Subdivision Plan 10, . ~ " w iL ~ ~ ~ 81]l1~ ?S6 ~Ar.~ 1.99 EXHIBIT ~-5(YI(p&C; .~ Ridgeland, PB 40, Pg 15, and through Sears Run and through said existing sanitary sewer N 5-35- BE 390.95 feet to a pin; thence along the same N60-35-BE 139.00 feet to a pin; thence a10 g the same and along the Final Subdivision Plan #9, Ridgeland, PB 23, Pg 59, N81-12-06E 560. feet to a pin; thence along said Final Subdivision Plan #9, N8 I-05-BE 385.87 feet to a pin at the Final Subdivision Plan #2, Richard 1. Greene, PB 32, Pg 14, SI0-22-37E 179.18 feet to a co crete monument; thence along said Final Subdivision Plan #2 and along WilIcliffDrive N80-1 -30E 111.51 feet to a concrete monument at the PreliminarylFinal Subdivision Plan for Golfview, P 55, Pg 49-A; thence along said plan for Golfview S26-42-30E 744.01 feet to a concrete mon ent; thence along the same N83-27-2IE 516.52 feet to a PK nail on the centerline ofOIT's Bridge oad, being the place of beginning. Containing 56.84 acres. The description was based upon a survey by Louis J. Harford, P .1.S., February 19,2003. Being the same premises which The Second National Bank of Mechanics burg, P A, a corp tion duly organized and existing under the laws of the United States of America by its deed dated une 26, 1946, and recorded in the office of the Recorder of Deeds in and for Cumberland County, P A, * granted and conveyed unto William H. Trayer and Grace P. Trayer, his wife. William H. Trayer ied on March 24, 1979, whereby title vested in Grace P. Trayer as surviving Tenant by the Entire , *in Deed Book 13-H, Page 93 AND the said Grantor does covenant, promise and agree, that she will SPECIALLY W and forever DEFEND the property hereby conveyed. TO HAVE AND TO HOLD the said premises unto the said Grantees, their heirs and assi and for the only proper use and behoof of Grantees, their heirs and assigns forever. IN WITNESS WHEREOF the undersigned Grantor has executed this Deed as of the day and ar first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF GRANTOR: Grace P. Trayer /2 g~~J ~1..r Grace p, Trayer (SEA ) BOOK 256 P~~E 200 .'. . COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND : On this the~day of ~ VcV\ ,2003, before me, the under igned , personally appeared the above named Grace P. Trayer, Grantor, known to e (or .~~ ' cto, "n, 'Iy proven) to be the person whose name is subscribed to the foregoing Indentur , and ~ . .' edged that she executed the same for the purpose therein contained, and desired th same -:~. .' '~rtforded as such, according to law. .\- .~,~, ~~~rJ,'>Nttn, ',:' ess whereof, I have hereunto set my hand and official seal. ..~,:.~...-,.:......,p...~ ... ";"~~.~,"~~~~: :' .. ~ ""'r,,~......,.'r\'t,,,,-, '<. ,,,,.I~.,,.~.,,.' NolariaJ Seal .J":;:.M:.~~.;!'. Slephanie E. Wiemer. Notary PabUc _. Hampden Twp., Cumbotland C"""'Y My Conunission Etpires 1u1y 128. ~ ~~~~~WM~~~m~ I \ r certifY that the precise residence and correct addresse . of one of the within Gran Mr. MarkX. DiSanto, Esq. Triple Crown Corporation 5351 Jaycee Avenue Harrisburg, PA 17112 Steph COMMONWEALTH OF PENNSYL COUNTYOFCUMEERLAND Recorded in the Office for Recording of Deeds in and for Cumberland Coun Pennsylvania, in Deed Book No. Page ;;<99999;<:;:9:'-':;;;:iH2~~:;;;H 'ii? ~ <-. ,: ~ ~ ll: ~ ~ f' ~ " g) ~ ~ g (;i gwitnelll m:qhand and seal ~f Office this ; :;;; ;; ;; ;; ;; ~ ~ ~ I ~ S ' I day of~ .., ~ I ~ A.trlirls2tm:f)e r co I'd ed 1"0 -.J....,J -.J .~ ....~ ~ e -.:. >- ~ -= r J _ ~~~ }.j1lO1<51<.~';Q~~","2i:ae=1~ 8 ~ 1 C mberlandCo 1tyPA -.-.oN""",,Oo--:x.::c. c ...... S~ c....l Q. n u i = ~~~~ ~~~ ~Q ~ ~ ~Q ~. . : ~.,.,. ~f;:;~ :!i~ ~ ~ ~g /'--__.yL..:.-~ ~s ~ ~ - ~ v mecorder~ ~ :;cr ::a:: ;:;u ;:::;rtI '=' ......n o 'Tl, ~:i- ~," '" ",,0 .... ~" '"" "- ~ - ~ N "- co '" -a a "" - - .. N ~ - "" ReCO:UCf uf Dteds - ---- -..0__-.0 .. .. ... ... ..Qo.-=-OooG l::1~~9il ~ --~~f<l ~ '-OUl'";(~.....-.o"""f"'-.:Jc>_l:ItlJ(o::.; ~ tIJOO.o. VrooC:::o 0 (.,'1000 Vit'1 oO<><>C)o<:><:>oc;:ooc::.O<::>QC> lil' '" Q. '" BOO~ 256 "~t: 201 . ol(Vll'~!XI6-"" ... u RECORDER'S USE ONLY ad '*' REALTY TRA~SFlR TAX STATEMENT OF VALUE ... . cOMMONWIALTH Of PlNHSYLVANIA D!.PIo.I.TMtNT Of IMH\J! IUUAU Of INDlYIDUAL TAXU DEPT. 210603 H"IUlISlUaG,'''' 17121.Q603 0... s.. Reverse for In.trudlon. ~ A Nom. ,.... B y. WJJdo .'y lat. p . D duo oda, = E 1. C....k Appropriote 10" Belaw far bempllan Claimed o Will or Int..tat. .uc.c:elllion o o o o 1hI~ I, UfIl r Tran,f.r to Industrial Development Agency. Transf.r to a trust. (Attach compl.,. c:op)' of trust agreement identifying aU b'nendaril'.) Tran,f.r betwe,n principal and agent. (Attach complete copy of agency/draw party agr..ment.) Tran.fe,.. fa the Commonwealth, the United Sta'" and lnstrumentallti.. by gift, dedication. cond4lmnatlon or In lieu of c demnation, (If condemnation or in lieu of condemnation, attoch copy Of re"otution.) o T ranJ., from mortgagor to a hold.r of a mortgagl in default. Mortgage Book Numb.r , Pog' N\Jmb.r o Corrective or confirmatory deed. (AnCKh comple'. copy of th. prior deed bling correct.d or confirm.d.} o Statutory corporat. consolidation, m.rger or dlvfsion. (Attach copy of crtldes.) o Oth.r (Please explain exemption da""ed, if other ,han li.t.d above.) Under pen.lH.. of lawr I decta,. that J have .xandned thit S.o.........t, Indud1nt accompanylnv Inhrmalton, end to the best 0 Illy knowledge anti IN" It It true, earrect and c....p..... c__ ...._ . 'S REFUSAL AGREEMENT -~,:,;~::~'c'~ ~,~~~~ ,; ~ :.. ji1-}1"I.[,~ C''''!I "1'" ..... ".' ',j ;' i '/ - _:: ' . C;jift?i' Ja:y I~ 1 7 09 THIS AGREEMENT made and entered into this ~ r{ frr<J~ rO" 2003, by and between MICHAEL J. ECKERT of Mechanicsburg, Pennsylvania, and Jfu~S E. GRfu~ON, Jr. and ~R.~ X. DISfu~TO on behalf or the SILVER BROOK DEVELOPMENT. WITNESSETH: WHEREAS, Michael J. Eckert (hereinafcer "Eckert") is th owner or real property known and numbered as 675 Orrs Bridge Road, Mechanicsburg, H~~pden Township, C~~erland County, Pennsylvania (hereinafcer "the Eckert Property"), which is located adjacent to real property presently known and number d as 781 Orrs Bridge Road and to be developed as a single f~~ily residential development known as the Silver Brook Developmen aCId WHEREAS, James E. Grandon, Jr. and Mark X. DiSanto, together, are the legal owners of and responsible for the developmeClt or real estate presently known and numbered as 7 1 Orrs Bridge Road, Mechanicsburg, Hampden Township, C~~erlaCl( County, Pennsylvania and to be developed as a single family residential development ~"own as the Silver Brook Developmen (hereinafter "Silver Brook"); and WHEREAS, the parties have heretofore negotiated an agre ment and understanding as to their various rights and responsibil ties which they seek to document by these presents. ~ EXHIBIT '" w iJL ~ ., I NOW, THEREFORE, Michael J. Eckert, and James E. Granda, Jr. and Mark X. DiSanto, on behalf of Silver Brook, enter into his Agreement, in consideration of these presents and intending to be legally bound hereby, the parties mutually agree as follows: 1. Silver Brook shall undertake the labor and expens to relocate the driveway on the Eckert Property that provides from the Orrs Bridge Road to Eckert's home. The labor and expense shall include, but not necessarily be limited to, Silver Brook obtaining any and all required permits (for example, f r Hampden Township or Pennsylvania purposes), and performing all grading, curbing, curb cuts and seeding of the surrounding 1 wn so that the driveway is easily accessible and serviceable. he driveway shall be a minimum of sixteen (16') feet in width t provide for unimpeded access and shall be constructed at a pint of Eckert's choosing along the proposed Trayer Lane. Eckert shall approve the location of the driveway in advance of its relocation and construction on the Eckert Property; 2. Silver Brook shall perform and pay for the costs 0 the relocated driveway on the Eckert Property to be paved to pre ent dirt and stones from being deposited on the proposed Trayer ane as well as to accommodate run-off to the proposed storm drai system. Silver Brook shall perform and pay for the costs of that work to be properly completed all in accordance with the standards of Hampden Township and to the satisfaction of Eck rt. 2 3. Silver Brook shall perrorm and pay for the costs of all necessary and required work to remove the existing driveway n the Eckert Property. After removing the existing driveway, he portion of the Eckert Property that forms the existing drive ay shall be capped by a minimum or six (6") inches or top soil, which shall be seeded and stabilized. The construction and landscaping work shall extend from the current egress point r the existing driveway at Orrs Bridge Road to a point that is parallel with the front corner or the existing enclosed side porch of Eckert's home. 4. Silver Brook shall provide and pay the costs or corillection to the public sewer system to the Eckert Property including, but not necessarily limited to, installation or t e lateral sewer line to the Eckert property, the building sewe line from the lateral sewer line to Eckert's home, connectio of the building sewer to Eckert's home and any alterations to t e interior plumbing of Eckert's home necessary ror proper cor~,ection of Eckert's home to the public sewer system. Tha connection shall be completed rrom Eckert's home to the main sewer system that will serve Silver Brook, and shall include, but not necessarily be limited to, all necessary and required ta ing fees, hook-up rees, permits, inspections, pumps, pipe and la r to make the connection to Eckert's home operational and compl'ant with any and all regulations pertaining to sewers. 3 shall undertake the labor and expense to complete the proper elimination of the existing septic tank that serves the Ecke t Property. Eckert shall approve the location or said sewer connection in advance of its construction and installation 0 the Eckert property. 5. Silver Brook shall provide an additional sewer lat ral stub from the public sewer system to the Eckert Property. T,at sewer lateral stub shall be installed from the public sewer system line at the corner of the Eckert Property at the poin where that property meets the "Stoner" property. Eckert shall approve the location or said additional sewer lateral stub i_ advance of its construction and installation on the Eckert Property. 6. Silver Brook shall provide and obtain all necessa_ and required labor, pe~its, fees and materials for public water service from the public water main to be installed to serve Silver Brook to Eckert's home. Eckert shall approve the loca ion of said water connection and water line service in advance of its construction and installation on the Eckert Property. 7. After (1) dedication and acceptance of the storm wa er drainage system and (2) expiration of Silver Brook's maintena_ce obligations as required by the Pennsylvania Municipalities Planning Code, Hampden Township shall provide all required maintenance to the proposed storm sewer pipe and termination 4 point to be located on the Eckert Property. The location of and required maintenance to the proposed storm sewer pipe and termination point are outlined on Sheet 11 0: the Entrance Enlargement plan Revision dated January 17, 2003. In additi Hampden Township will bear any and all costs now and in the future to maintain the stream bed, pipe and termination t as required, from the outlet termination point to the neighbori g property lines. Eckert shall grant Hampden Township a tempo ary construction easement and, thereafter a free, uninterrupted nd unobstructed right-of-way along the route designated as the torm water drainage system route, including the stream bed, pipe nd termination outlet, designated and herein-after described, i over, across, upon, under and through the storm water draina e system for the purpose of maintenance and repair as required to maintain the working integrity of the storm water drainage system. The storm water easement shall be reflected on the Silver Brook Subdivision and/or Land Development Plans recor ed with the Cumberland County Recorder of Deeds and shall be referenced by notation on said Plans. 8. Eckert shall grant to Silver Brook a temporary eas ment for access and construction to access the Eckert Property to make any and all necessary modifications for the construction of he storm water drainage system and improvements to Orrs Bridge oad 5 as detailed on Sheet 11 of the Entrance Enlargement Plan Revision, dated January 17, 2003 for Silver Brook - Phase I. 9. Silver Brook may remove any and all trees located within the seventy-five (75') foot sight triangle on the Eck rt Property. Silver Brook shall provide and install on the Eck rt Property two (2) number 2 V, caliber trees for each tree remo ed from the sight triangle. Those trees shall be comparable wi h the species of trees that will be removed. permission for t ee removal from the Eckert Property does not extend to any othe trees located outside of the seventy-five (75') foot clear sight triangle, except as enumerated in Paragraph 10 of this Agree ent. 10. Silver Brook may remove certain enumerated trees a required to construct all stormwater drainage system and Orr Bridge Road improvements as shown on Sheet 11 of the Entranc Enlargement Plan Revision dated January 17, 2003 for Silver rook Phase I. Silver Brook may remove the following trees: (a) 36" Locust located between the proposed 2' co.tour and the Orrs Bridge Road; (b) three trees located in close proximity to one another between the proposed storm sewer and he Orrs Bridge Road (currently those trees are rked as "trees to remain" on Sheet 11 of the Entra ce Enlargement Plan Revision dated January 17, 2003 for Silver Brook Phase I); 6 (c) all trees labeled "trees to be removed" on Sh et 11 of the Entrance Enlargement plan Revision ated January 17, 2003 for Silver Brook phase I may be removed. Silver Brook shall provide and install on the Eckert Propert two (2) number 2 Yo caliber trees for each tree removed as enumer ted in this Paragraph. Those trees shall be comparable with the species of trees ttat will be removed. permission for tree removal from the Eckert Property does not extend to any tree other than those enumerated in this Paragraph, and those loc ted inside the seventy-five (75') foot clear sight triangle as s t forth in paragraph 9 of this Agreement. 11. Silver Brook shall pay Eckert any and all fees and costs incurred to prepare and record with the Cumberland Cou ty Recorder of Deeds this Agreement, including, but not limited to, attorney's fees. 12. This Agreement shall be recorded with the Cumberla.d County Recorder of Deeds. 7 IN WITNESS WHEREOF, the parties have caused these prese ts to be duly executed by their duly authorized officers the da and year first written above. ATTEST: ell -t- '& ;.h Vi) ( j II / / Michael /11\,' /i/t -___..-,. y.J,',.i..... .'- , i' ,")Je( randon, Jr. of ( ; Developm nt ~ \ , ^y\"(' /j '----,I ,'\ II, " " ~, -'", v .);/i, I :/ Mark X. DiSan 0, on behal the Silver Brook Developm of - L. CONSEN~ TO AGREEMENT ~~~ ASSUMPTION OF OBLIGATIONS Hampde~ Township, by and through its authorized officer, consents to the terms and conditions of the within Agreement nd ack,owledges and agrees to perform the obligations imposed up n Hampden Township in Paragraph 7 of the Agreement. WITNESS: HF~!PDEN TO~mSHIP By, ( 'J --I/~. 1_ _.. _ '.... D.,/ _-I, ':-.J.4 J,Ci., -~ ,':'""/.. 1../ - ~ <.ro',' ;v_ 8 COMMONWEALTH OF PENNSYLVfu~IA SS. COUNTY OF CUMBERLAND On this, the1',/Td~y of/r'O;U/''-j, 2003, before me, the undersigned officer, personally appeared MICF_~L J. ECKERT k,10wn to me (or satisfactorily proven) to be the person w~ose name is subscribed to the within instrument, and acknowledged that Do executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 0' "-'I. ,/' /~j/,1_j-I' /,' '~N6tary P1:IDllc /' /," "1-7', (SoAL) ( , My Commission Expires: Notarial Seal Laune L, Waif, Nolaty Pub k: South Middleton Twp" Cumbena County My Commission Exp,res Jan, 2006 Member. Pennsvlvanja~ociation Notaries CO~~O~WEALTH OF PENNSYLV~~IA SS. COUNTY OF CUMBERLAJ.\lD On this, the27"'day of r~~ii'v'.f..!.V , 2003, before me, the undersigned officer, personally appeared JAJ.~S E. G~~\lDON, J ., known to me (or satis:actorily proven) to be the person whos name is subscribed to the within instrument, and ac~"owledge. that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ - /7 / , ) I L ()II ' ,;U fwcVv (/1./ /!;;[r-:">-' ,-'- r tJ,:;:::c;~ (S AL) Notary Public My Commission Expires: 9 COMMONWEALTH OF P&~SYLVk~IA SS. COUNTY OF Cei11BERLk'lD On this, thel7''Oay of FU;2e".e,(i , 2003, before me, t. e undersigned officer, personally appeared MARK X. DISF~TO, kn wn to me (or satisfactorily proven) to be the person whose na~e is subscribed to the within instrument, and acknowledged that h executed the same for the purposes therein contained. IN WITNESS wnEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL LINDA WHITCOM3E,MARTlN, NOTARY PUBLIC lOWER PAXTON TWP, DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 10. 1006 ,J, "I J ';' -;, f".."lL / ' 1'-<7 ~ 0 fr~ (S F.L) "Notary Public My Commission COMMO~w~~.LTH OF PENNSYLVF~IA SS. COlJNTY OF CUMBERL~.J.'lD On this, the~7~ay of r~~~v+?v , 2003, before me, the undersigned officer', personally appeared JOHN elA->>txy , who acknowledged him/herself to be 0.,J cF;::'cl.;'Y?- of Hampden Township, and that he/she, as such officer, being duly autho ized' to do so, executed the same for' the purposes therein contain d. IN WITNESS WHEREOF, I hereunto set my hand and official seal. I NOTARIAL SEAL I , "!C)/IHITCOMBE,MARTlN, NOTARY PU~UC \ ," "c< ',\XTON TWP. DAUPHIN COUN,Y, ! >''::Jii,i,;;SSION EXPIRES JUNE 10 2CD, . )t-d<- jv~d~~ P1~~Ai.S Notary Public AL) PLEASE RETURN TO: My Co~~ission Expires: JENNIFER B. H:PP, ESQUIRE J~~ES D. BOG~~ LAW OFFICES ONE WEST l-L"'.IN STREET SHIR~~STOWN, PA 17011 10 ~ $::'. -r,. ,J -0 -C:. --- (:;;> T""' ~ .c:: .c- J;) -l:. -.J\ ^:5 9 -i\ o ~ e):) c == 'S; -- :r- .~- (') c::, .-' c,:::;.> co;::' ,"':.J"" ""'":.r-" ::::':.J :;-D -- {J\ ~~ ~..~ ' .;.:"" C-', '-~1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01927 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKERT MICHAEL J VS DISANTO MARK X ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: D I SANTO MARK X but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 28th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 18.00 9.00 10.00 31.25 .74 68.99 04/28/2005 JAMES BOGAR So answers: _- .> '~;:~~'''5': ,;c:::C:- R. Thomas Kline c" Sheriff of Cumberland County Sworn and subscribed to before me this 3 "'-V\. day of ~ J.iJb.( A.D. II Q ~JPt?u 40114 ' '-1~-prothonotary' I ... SHERIFF'S RETURN - REGULAR CASE NO: 2005-01927 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKERT MICHAEL J VS DISANTO MARK X ET AL HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GRANDON JAMES E JR the DEFENDANT , at 1518:00 HOURS, on the 20th day of April at 901 SLEEPY HOLLOW ROAD 2005 MECHANICSBURG, PA 17055 by handing to JEAN GRANDON, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 9.62 .00 10.00 .00 25.62 ~(,:2"";:' .,:;//P R. Th6mas "'^~ri~:;~~"."'~:4~ ~7 <.~. ~ 04/28/2005 JAMES BOGAR Sworn and Subscribed to before By: 741/' ~~/~ Deputy riff me this 3~ day of '--rv'u:j., :)00 <;' A.D. ~u.- {/ /l~ ~ rothonotary , In The Court of Common Pleas of Cumberland County, Pennsylvania Michael J. Eckert VS. Mark X. Disanto No. 05-1927 civil Now, Apr~ I? 2005, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?'"~ -..<:~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of ,20_ COSTS SERVICE' MILEAGE AFFIDA VIT $ $ @ffire of tl!l~ ~4eriff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255,2660 fax: (717) 255,2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ECKERT MICHAEL J vs County of Dauphin DISANTO MARK Sheriff's Return No. 0694-T - -2005 OTHER COUNTY NO. 05-1927 CIVIL AND NOW:April 21, 2005 at 1:26PM served the within NOTICE & COMPLAINT upon DISANTO MARK by personally handing to DEFENDANT 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at POE: TRIPLE CROWN CORP 5351 JAYCEE AVE HARRISBURG, PA 17112-0000 Sworn and subscribed to So Answers, !ff~ before me this 22ND day of APRIL, 2005 ,VdJ Sheriff of Dauphin County, Pa. /-111--1-7 (;" "'-'r ~""'.'" ".., I." , TV' / . r:/c.,. lputy shkriff Sheriff's Costs:$31.25 PD 04/18/2005 RCPT NO 206017 By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. I, 2006 TF MICHAEL J. ECKERT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARK X. DiSANTO PRANDON, JR, I , v, NO. 05-1927 and JAMES E. Defendants CIVIL ACTION - EQUITY ANSWER TO COMPLAINT AND NOW, Defendants Mark X, DiSanto and James E, Grandon, Jr., by and through their I tttomey, Steven J. Schiffman, Esquire, ofSerratelli, Schiffman, Brown & Calhoon, P,c., file the tithin Answer to Complaint and aver as follows: I, Admitted. ! 2, 3, 4, 5, 6, 7, 8, i~ denied. ! 9, Admitted, Admitted, Admitted, Admitted. Admitted, Admitted, Denied. The Agreement speaks for itself and any characterization of the Agreement Denied. The Agreement speaks for itself and any characterization of the Agreement i' denied, : 10, Admitted in part and denied in part. It is admitted that certain obligations have not b~en completed, It is denied that Defendants have chosen not to complete the obligations, To the c~ntrary, Defendants have been thwarted in their efforts to fulfill certain obligations set forth in the ~greement by Plaintiffs (a) failing to cooperate with Defendants, and (b) actively obstructing ~efendants' access to Plaintiffs property, \ , , ! . 11, Admitted in part and denied in part It is admitted that the obligation set forth has not been performed, It is denied that Defendants have chosen not to perform. To the contrary, Defendants requested access to Plaintiff's property to fulfill their obligations and Plaintiffhas refused and continues to refuse access to Plaintiff's property, 12, Admitted in part and denied in part. It is admitted that the obligation set forth has not been performed, It is denied that Defendants have chosen not to perform, To the contrary, , !Defendants requested access to Plaintiff's property to fulfill their obligations and Plaintiffhas refused ~nd continues to refuse access to Plaintiff's property. I 13, Admitted in part and denied in part It is admitted that the obligation set forth has not een performed. It is denied that Defendants have chosen not to perform. To the contrary, efendants requested access to Plaintiff's property to fulfill their obligations andPlaintiffhas refused nd continues to refuse access to Plaintiff's property. I ! 14, Admitted in part and denied in part, It is admitted that the obligation set forth has not ~een completed, It is denied that Defendants were not ready, willing and able to perform their rbligations. To the contrary, Defendants cannot fulfill the obligations required in Paragraph 6 of the !\greement unless and until Plaintiff submits an application to Pennsylvania American Water fompany for service, Upon Plaintiff's application for water service, Defendants remain ready, ~illing and able to perform their obligations in Paragraph 6 of the Agreement \ 15, Admitted. The correspondence dated May 21,2004 speaks for itself. i I 16. Denied. The Agreement speaks for itself. \7, Admitted, 18, Denied, Defendants are without sufficient knowledge or information to form a belief 4s to the truth of the averments set forth in Paragraph 18 of Plaintiffs Complaint and strict proof tpereof is demanded at the trial of this cause if relevant , , ! 19. Denied, The Agreement speaks for itself. 20, Denied, The Agreement speaks for itself. By way of further answer, the written tgreement is the complete agreement between the parties and any negotiations prior to the final freement which were not incorporated into the Agreement cannot be part ofthe Agreement I , 2 . 2 L Admitted. 22, Denied. Defendants are without sufficient knowledge or information to f01m a belief as to the truth of the averments set forth in Paragraph 22 of Plaintiffs Complaint and strict proof thereof is demanded at the trial of this cause if relevant. 23. Denied. It is denied that Defendants stated they would not connect Plaintiff to public ,water. To the contrary, Defendants remain ready, willing and able to meet their obligations pursuant Ito Paragraph 6 of the Agreement. i i 24, Denied, It is denied that Defendants stated they would not connect Plaintiffto public ~ater. To the contrary, Defendants remain ready, willing and able to perform under the Agreement \ 25, Denied, Defendants are without sufficient knowledge or information to form a belief fS to the truth of the averments set forth in Paragraph 25 of Plaintiffs Complaint and strict proof thereof is demanded at the trial ofthis cause if relevant By way of further answer, Plaintiff has been \md continues to be uncooperative, unreasonable and obstructive in failing to provide access to flaintiffs property in order that Defendants may fulfill their obligations under the Agreement I 26, Denied, Defendants are without sufficient knowledge or information to form a belief fS to the truth of the averments set forth in Paragraph 26 of Plaintiffs Complaint and strict proof 1hereof is demanded at the trial ofthis cause if relevant i .. 27, Denied, Defendants are without sufficient knowledge or information to form a belief ~s to the truth of the averments set forth in Paragraph 27 of Plaintiffs Complaint and strict proof ~ereofis demanded at the trial of this cause ifrelevallt i i i 28. Denied. Defendants are without sufficient knowledge or information to form a belief i ~s to the truth ofthe averments set forth in Paragraph 28 of Plaintiffs Complaint and strict proof thereof is demanded at the trial of this cause if relevant 29, Denied, Defendants are without sufficient knowledge or information to form a belief ~s to the truth of the averments set forth in Paragraph 29 of Plaintiffs Complaint and strict proof i t~ereofis demanded at the trial of this cause if relevant 3 30, Denied. Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 30 of Plaintiffs Complaint and strict proof thereof is demanded at the trial of this cause if relevant. 31, Denied, Plaintiff has been and continues to be uncooperative, umeasonable and obstructive in failing to provide access to Plaintiffs property to enable Defendants to comply with their obligations under the Agreement. Any delay, even though the Agreement specifies no Icompletion date, is solely attributable to the actions or inactions of Plaintiff. i I i ! COUNT I - ANTICIPATORY BREACH OF CONTRACT , 32. Defendants' Answers to Paragraph No, I through and including Paragraph No. 31 of , rlaintiffs Complaint are incorporated herein by reference thereto. i 33. Denied. The Agreement speaks for itself and no answer need be made, 34, Denied. Paragraph 34 of Plaintiffs Complaint is a conclusion of law to which no i I rnswer need be made, To the extent Paragraph 34 is not a conclusion of law, it is denied. efendants cannot fulfill the obligations required in Paragraph 6 ofthe Agreement unless and until laintiff submits an application to Pennsylvania American Water Company for service, Upon laintiffs application for water service, Defendants remain ready, willing and able to perform their bligations in Paragraph 6 of the Agreement. I 35, Denied, Paragraph 35 of Plaintiffs Complaint is a conclusion oflaw to which no lnswer need be made. To the extent an answer is required, it is denied. Defendants carolOt fulfill Ie obligations required in Paragraph 6 of the Agreement unless and until Plaintiff submits an tpplication to Pennsylvania American Water Company for service, Upon Plaintiffs application for ~ater service, Defendants remain ready, willing and able to perform their obligations in Paragraph 6 I 4f the Agreement. I : WHEREFORE, Defendants request this Honorable Court to dismiss Count I of Plaintiffs I ~omplaint with prejudice. I , i 4 COUNT II - BREACH OF CONTRACT 36, Defendants' Answers to Paragraph No. I through and including Paragraph No, 35 of :Plaintiffs Complaint are incorporated herein by reference thereto. 37. Denied, The Agreement speaks for itself 38. Denied, Paragraph 38 of Plaintiffs Complaint is a conclusion oflaw to which no answer need be made, To the extent Paragraph 38 is not a conclusion oflaw, it is denied, By way 10f further answer, although Defendants requested access to Plaintiffs property to fulfill their \obligations, Plaintiff has refused and continues to refuse access to Plaintiff's property. Defendants \cannot fulfill the obligations required in Paragraph 6 of the Agreement unless and until Plaintiff submits an application to Pennsylvania American Water Company for service, Upon Plaintiff's application for water service, Defendants remain ready, willing and able to perform their obligations ~n Paragraph 6 of the Agreement 'I 39. Denied. Paragraph 39 of Plaintiff's Complaint is a conclusion oflaw to which no fmswer need be made. To the extent Paragraph 39 is not a conclusion of law, it is denied. Byway f further answer, although Defendants requested access to Plaintiff's property to fulfill their bligations, Plaintiff has refused and continues to refuse access to Plaintiff's property. Defendants annot fulfill the obligations required in Paragraph 6 of the Agreement unless and until Plaintiff ubmits an application to Pennsylvania American Water Company for service, Upon Plaintiff's pplication for water service, Defendants remain ready, willing and able to perform their obligations n Paragraph 6 of the Agreement I WHEREFORE, Defendants request this Honorable Court to dismiss Count II of Plaintiff's tomplaint with prejudice, COUNT III - UNJUST ENRICHMENT ! 40, Defendants' Answers to Paragraph No. I through and including Paragraph No, 39 of I rlaintiff'S Complaint are incorporated herein by reference thereto. : 41, Denied. The Agreement speaks for itself : 5 42, Denied. Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in Paragraph 42 of Plaintiffs Complaint and strict proof thereof is demanded at the trial of this cause ifrelevant. By way offurther answer, Plaintiffhas been and continues to be uncooperative, unreasonable and obstructive in failing to provide access to Plaintiffs property in order that Defendants may fulfill their obligations under the Agreement. , 43, The averment set forth in Paragraph 43 of Plaintiffs Complaint is a legal conclusion Ito which no responsive pleading is required. To the extent required, Defendants are without !sufficient knowledge or information to form a belief as to the truth of the averments set forth in !Paragraph 43 of Plaintiffs Complaint and strict proofthereofis demanded at the trial of this cause , \if relevant. I WHEREFORE, Defendants request this Honorable Court to dismiss Count ill of Plaintiffs I pomplaint with prejudice. I Respectfully submitted, pate ! f>1'f fs- SERRA~LIi' S CALHO , P.C /1 By Steven J. Pa, Atto BROWN & pate S'I 't /dof By Attorneys for Defendants 6 VERIFICATION ! I verify that the statements made in the attached pleading are , Itrue and correct, partially upon personal knowledge and partially I upon my belief; to the extent language in the attached pleading is lthat of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are , Fade I ~o subject to the penalties of 18 Fa. C.S. Section4904 relating unsworn falsification to authorities. ,"" ' (l/l~(, Iii t /IL !/~~\ 1/ ,... / I \/........... .' . Mark X. DiSanto I pate I I I I I , , , I " --',- - r" 1-1-/0'-':"- CERTIFICATE OF SERVICE I hereby certify that I today served a true and correct copy of the foregoing Answer to fomPlaint by placing the same in the U.S, mail, postage prepaid, addressed to: I' James D. Bogar, Esquire JAMES D. BOGAR LAW OFFICES . One West Main Street \ Shiremanstown, PA 17011 i Jennifer B, Hipp, Esquire JAMES D. BOGAR LAW OFFICES One West Main Street hiremanstown, P A 17011 I ~ate I , i ,-- ~:~:; C?l " ..'~ 0:-1"1 ..--\ .....'.':'. ''',- c;\ ....-,', ',\ c:? C) l,.." Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY MICHAEL J. ECKERT, v. MARK X. DiSANTO and JAMES E. GRANDON JR., DOCKET NO. 05-1927 Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended with prejudice. THE LAW OFFICES OF BOGAR AND HIPP Date It)~fh By Jen fer B. Hipp One West Main et Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 86556 By J mes D. Bog r, squire One West Mal treet Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 19475 Attorneys for Plaintiffs g ,....:) G\ ~ ~ C'" ;R(c""~ :z: ~.:g :z: g~ ~ ~r N ~~ ~, :< :;~ c:J) r:;c :;;:1. :<:::-' -0 :P; (-' 2~ . Z-' 3 . 5>2 0' :z: r:f! ~ ::2 c..> ~ 0