HomeMy WebLinkAbout94-00204
.
~
. .
"-
Johnson, Duffie, Stewart & Weidner
By: C, Roy Weidner, Jr.
I.D, No, 19530
301 Market Street
P. O. Box 109
LemDyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Commonwealth Land Title Insurance
Company
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94-0204 CIVIL TERM
CIVIL ACTION - LAW
MU CHING CHU and CHIN CHUN CHU,
v.
FAIRWAY PRODUCTS, INC, and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY,
JURY TRIAL DEMANDED
Dafendants
PRAECIPE TO WITHDRA W APPEAL FOR ENTRY OF JUDGMENT
AND NOW. this 2nd day of May, 1996. pleasa withdraw Defendant Commonwealth Land Titla
Insuranca Company's appeal in the above captioned matter. and enter judgment in the amount of
$12,500,00 in fovor of Commonwealth Land Title Insurance Company against Fairway Products. Inc. on
the arbitrators' indemnity award.
By:
C, Wel ner-;-;I .
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
17171 761-4540
Attorneys for Defendant Commonwealth Land
Title Insurance Company
"",52e52
:r--
t-..
~
\
"-Sl
I
~
'\
J
..
.::;'j
~ .J ~
~
\}-... .J 'J ~
.:::
~ -....
B'~) ~ ~
...... rr-..
..,)
~ .;:j ~
~ \.J.""~
~r-- ~ 'IS
'-
,,,
('
;.'..; ~
.",-"
::;;
':<,
,
.'
"-'.
1::;.
...
. ~.1
. ,)
u::
, -
-4
.'
l.. . ,-, h,,)
..)
. c:\wp'.I\jdJ]rdoCl\Cbu,cOlD
MU CHING CHU and CHIN
CHUN CHU,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 020,/
CIVIL, 1994
FAIRWAY PRODUCTS, INC, and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY,
Defendants.
JURY TRIAL DEMANDED
NQIICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
..
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURT HOUSE
FOURTH FLOOR
CARLISLE, PA 17013
(717) 240-6200
.-".,--.."~,, t!IIIIlI
, l::\wp.5l\jdOrdoe:a\cbu,eom
. .
. .
MU CHING CHU and CHIN
CHUN CHU,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. ..?c,/
CIVIL, 1994
FAIRWAY PRODUCTS, INC, and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY,
Defendants.
JURY TRIAL DEMANDED
CQ.M.f.LAItIT
AND NOW come Plaintiffs by and through their attorneys, FLOWER,
MORGENTHAL, FLOWER & LINDSAY, and state as follows:
1. Plaintiffs are MU CHING CHU and CHIN CHUN CHU, adult individuals,
residing at 318 Acre Drive, Carlisle, Cumberland County, Pennsylvania.
2. Defendant FAIRWAY PRODUCTS, INC. is a corporation with offices at 510
South Burnt Mill Road, Vorhees, New Jersey 08043.
3. Defendant COMMONWEALTH LAND TITLE INSURANCE COMPANY, is
a title insurance company registered to do business in the Commonwealth of Pennsylvania, with
offices at 18 West Hilltop Road, Philadelphia, Pennsylvania, 19118.
4. On June 6, 1990, Plaintiffs entered into an Agreement of Sale with Defendant
FAIRWAY PRODUCTS, INC. to sell approximately three acres of land in Middlesex Township,
Cumberland County, Pennsylvania, to Defendant FAIRWAY PRODUCTS, INC. A copy of said
Agreement and Addendum to Sales Agreement and Addendum to Agreement for Sale of
Commercial Real Estate is attached hereto as Exhibit "Au.
r"~"'-" ""t_
C:\wp'l\jdljrdocl\cbu.com
5. Defendant FAIRWAY PRODUCTS, INC. agreed to purchase said property
for the sum of Three Hundred Thirty Thousand ($330,000.00) Dollars, and further agreed to pay
Twenty Thousand ($20,000.00) Dollars as earnest money. The Addendum provided that
"Buyers shall post a good faith deposit of $20,000.00 to be held with
Commonwealth Land Title Insurance Company. Subject to the due
diligence period, Buyer shall have a period of five months to get all
approvals necessary; local, state, Penn DOT, etc. for site plan
approval and permits to construct a Hotel/Motel in accordance with
their plans and specifications. If Buyer Is unable to obtain final
approvals and permits, Buyer is entitled to the return of their deposit
with neither party having any obligation on the part of the other".
6. After repeated requests, Plaintiffs agents received confirmation from Frank
J. Ruck, Jr" Branch Manager of Defendant COMMONWEALTH LAND TITLE INSURANCE
COMPANY, that they had received a check In the amount of Twenty Thousand ($20,000.00)
Dollars from FAIRWAY PRODUCTS, INC. representing the deposit on the property in question.
A copy of said letter is attached hereto as Exhibit "B".
7. Defendant FAIRWAY PRODUCTS, INC. did indeed provide a check for
Twenty Thousand ($20,000.00) Dollars to Defendant COMMONWEALTH LAND TITLE
INSURANCE COMPANY, but the two Defendants agreed between themselves that the check
would not be deposited In the accounts of COMMONWEALTH LAND TITLE INSURANCE
COMPANY, but simply held by them.
8. Defendant FAIRWAY PRODUCTS, INC. failed to make a good faith effort
to obtain approvals necessary to construct a hotel/motel on the property in question.
3
C:\wp" \jdljrdocl\cbu.cm\
. .
9.
Defendant FAIRWAY PRODUCTS, INC. elected not to purchase the
property in question for reasons entirely unrelated to any inability to attain any necessary or
appropriate government approvals or permits.
10. Upon learning that Defendant did not Intent to purchase the property in
question, Plaintiffs' Attorney, Christopher C. Houston, Esquire, wrote to Frank J, Ruck, Jr.,
Branch Manager of Defendant COMMONWEALTH LAND TITLE INSURANCE COMPANY, on
December 14, 1990, directing him not to release the Twenty Thousand ($20,000.00) Dollars
being held in escrow without written authorization from all appropriate parties. A copy of said
letter Is attached hereto as Exhibit .C..
11. Plaintiffs have requested payment from Defendant FAIRWAY PRODUCTS,
INC., of the Twenty Thousand ($20,000.00) Dollars earnest money, which payment has not been
made to Plaintiffs.
12. Plaintiffs have requested payment from Defendant COMMONWEALTH
LAND TITLE INSURANCE COMPANY of the Twenty Thousand ($20,000.00) Dollars earnest
money, which payment has not been made to Plaintiffs.
COUNT I.
PLAINTIFFS v. DEFENDANT FAIRWAY PRODUCTS, INC.
13. Plaintiffs Incorporate herein by reference paragraphs 1 through 12.
4
!" "'c'._.
C;\wp',I\jdljrdoCl\Cbu,cOlll
14. Defendant FAIRWAY PRODUCTS, INC. agreed to pay Twenty Thousand
($20,000.00) Dollars as a deposit toward the purchase of the aforesaid property, to secure its
compliance with the terms of the Agreement.
15. Defendant FAIRWAY PRODUCTS, INC. conspired with Defendant
COMMONWEALTH LAND TITLE INSURANCE COMPANY to give the impression that Twenty
Thousand ($20,000.00) Dollars was being held in escrow, when no such funds had actually been
placed in escrow.
16. Defendant FAIRWAY PRODUCTS, INC, is in breach of its Agreement to
purchase the property in question in Middlesex Township, Cumberland County, Pennsylvania,
and has forfeited the Twenty Thousand ($20,000.00) Dollars earnest money which it agreed to
pay to secure its performance of the terms of the Agreement.
WHEREFORE, Plaintiffs demands judgment against Defendant FAIRWAY
PRODUCTS, INC. in the amount of Twenty Thousand ($20,000.00) Dollars, plus costs and
COUNT II
PLAINTIFFS V. COMMONWEALTH LAND TITLE INSURANCE COMPANY
interest from November 6, 1990.
i
j
17. Plaintiffs incorporate by reference paragraphs 1 through 16.
5
e:\wp'.1 \jdljrdoel\chu.com
18. Defendant COMMONWEALTH LAND TITLE INSURANCE COMPANY
agreed to act as an escrow agent for the purpose of holding In escrow the Twenty Thousand
($20,000.00) Dollars earnest money to be paid by Defendant FAIRWAY PRODUCTS, INC. to
secure its performance of the terms of the Agreement.
19. As escrow agent, Defendant COMMONWEALTH LAND TITLE INSURANCE
COMPANY had a fiduciary obligation to Insure the Twenty Thousand ($20,000.00) Dollars paid
to it by Defendant FAIRWAY PRODUCTS, INC. were deposited in an escrow account held by
Defendant COMMONWEALTH LAND TITLE INSURANCE COMPANY.
20. Defendant COMMONWEALTH LAND TITLE INSURANCE COMPANY
conspired with Defendant FAIRWAY PRODUCTS,INC. to create the Impression that the Twenty
Thousand ($20,000.00) Dollars had been paid by Defendant FAIRWAY PRODUCTS, INC. and
that it was being held in escrow by Defendant COMMONWEALTH LAND TITLE INSURANCE
COMPANY, to Insure compliance of Defendant FAIRWAY PRODUCTS, INC. with the terms of
the Agreement.
21. Defendant COMMONWEALTH LAND TITLE INSURANCE COMPANY'S
failure to hold the Twenty Thousand ($20,000.00) Dollars in escrow was a breach of its implied
contractual duty to Plaintiff and was further a breach of its fiduciary obligation to Plaintiff.
6
,-r.'''''''''-''.'-'.
c: \wp'.. \jdJ]nIoc.\cbu .COnl
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
Twenty Thousand ($20,000.00) Dollars, plus costs and interest from November 6, 1990.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiffs
.--
By A.LL) ~
James D. Flower, Jr:, Esqulr
, 11 East High Street
\. Carlisle, PA 17013
-- (717) 243-5513
1.0. #27742
7
".... .,_....;-."..--~..
c: \wpS J \jdfjrdoc.\ehu.cocn
~
I, MUCHING CHU, Plaintiff in the above captioned action, hereby verify that the
statements made in the within instrument are true and correct to the best of my knowledge,
information and belief, I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S, Section 4904, relating to unsworn falsification to authorities.
~------:h _ " /'____
, ~..A'r'c"~,)~-
/' Muchlng Chu, Plaintiff
Date: Januarv I Ii . 1993
)
8
I r
"
ADDENDUM TO SALES AGREEMENT
In reference 10 Agrllmenl of Sale belween
FAll!.AJIf'lS 1't2cI)IJCr:f IIJG
.
SIO J. I3vl!.AJr }-fILL. Ii!tJ I tJOR...HfE.!i
Ihe Purcha.er, and fI.-1rJC.1/ I tJ G C!.N U .qAJ 0
.~,~ AC(E- OR-IUe.
The Seller. Oaled (." ...JuI-JE /qc;o
AJ.J"
08d '-1.3
~ H l"'; CNu,.J eM tJ
Clltausl..E. Ptt 1701 3
I
. covering Ihe real properly commonly known a.
Ihe under.lgned Purcha.er and Seller hereby agrll 10 Ihe followIng:
"'. Ot-J
<!JR.,
B~ FoIU.. 8 ..JUL""
I
.t' ...
li:l J 000. TO
f'190 I fDLI'1'E.e. SHIILL POST A c;,oOD
e.~ Hr, ~ ~ITH CCmmlH)"II,.7.1 lA L.~ 'Id
. Su B..IFcT m TM!' Dol' .DtUMtJC(
~A,rH
DEPoSlr OF
If)s. Cu.
'J; t-/ (:'
PU.to D &lJ'/f.f !HMI I 1-11411f. II PJIl,O{) t~F Fl\JI' I-tOI-lTH So TO GE. 19lL tlPPR/Jv,fU
.
foJfC.f.<;5:A,(Y,"LDCAL .<;,l'rE. P'it.JtJOoT ETC. Fo12.,s,n: PUI,u (lPPI..OIIA'-
PU.I-41 ~ I I
"IoID Tn r'I"II-lSTRtJc'T A Ho-n:l../HOTEL .IJ A,....I"IR1)IIr.JCf GJrrH .I-U:,1l!.. PUlto.tS
/
A I-lO S P~CI""'JCI'lTJGkJS' .IF P.l\J\"~1i! IS I1J.li16LE. 70 oBil4,toJ Fl,.,U,L IlP-
Pl1.OlIAL-S fiND
"11TH t-l[ ITHf (
Pr~rrs BlJ'l't( I~ HJT'TLE.D "TO TilL ~TIJ~,.J ot- THE.1l. DeAlS;'
j
PARTY NA\lIIo.JG f!IJV OIlL,G,cno,J otJ '71'11'. Ptl~T of 071'rbE'.
IILL. PU1tJS oj l:toJG/lo.JFf/(,/AJ6 t...lIL'- AHYI(-(f plUJPEI!I'r' Or
::r:oJ THIS
SELl..f.t
""A~J;
I
TO tEE
AS Hf ,Su,s
FIT.
S. Sf..LL F.( (.JILL r;;/M/oJT PuIlCHASF~ Foul( (q.) OfooJE (tJ I-/OIUTN $'.JtnA.JSlo~.1
70 ("t:J~JI'UrF IfPJI'bJtML/PUI-O"'/oJCo P,(oar.s AT A /JilIN' or
I
~A('''' /o-IOJJ7M $~T1/oJJJffj. AIJY }-fo/oJlES PllltJ TO SfLU R eJILL B F
IF Io.JcaSSAA. "
GO
2..000, FOil
,
l'ippu C"~Lt It) ol'tLl.s
Pille/!: AUT AIL';
I
t-btJ AlE FtJAJ'M~U
(.. SttLE..(! /l) P.1'r' CZ'iJ72/1L S;-nn: ~nLr';' .A ,',loa-Jol"~l" CtJHHIS.IIOIoJ IN
"7H'F llHotJlo.Jl of l:,,;. Hr( B) f'f-4:"..J7 of c;;.eoss ..s.t1c.u t?.elCf AT' S~:Tn.lI.IF/J7:
l, .:l~u..t.e."-o~lJW~ AG:af~ 77IAr.rAC.H Plt-IeF ""LL At: PJf,fJ IN nt.~,.' IlTrtnSlloJ6.
The herein agreemenl, upon II. e.ecullon by bolh parll.., I. herewith made an Inlegral parI of Ihe aforemenlloned
Agreemenl of Sale,
Oaled: ~ ..JukJF IGQO
~r~i~.4~~,.
. ~fi1lrch...r
7, r /l..(}, /:1 #
Witness e-9-~ AlienI
Oaled:
~~-/'y~
41C. - '~.-L_~ ~__
Seller
Seller
Wllnell
Agent
06;,IZ,90 10144
&.:,1 - ':. .... t-..~... ............'
Z I 609 ~2e ~1'02' DEVELOPIIEt" Ens,
""
AGREEMENT FOR 1'11l:: BALl-: 010' COMMERCIAL REAL ES'I'Al'J!: COlllft,arc'a1
I'lIl'Ulftlll r"l<>IIl'&lIAN"'NIA/lC/AIlOIII'UIAUIIIlI"N1 8 It C 1919C
ACKNT t'()llllm,LER CSUBAGINT FOR SELLE:]
QeloJTleAI.. S1;olre: R.!l'lc.T)"
IS ,)l"''''"rf, ~lJl tay,1"l. I~:J
C~4.C..U~i.. (,) A /"70':S
rA. L101IN~1) DIlOKER PA, LICENSED UROKER
US AGREEMENT, ""........ .G.... . ..... ..... _.1.... lI.y 0'.., r...Jt.JIiJ.e"...,. .... .." A.D. 1..9.Q,...,
PRINCIPALSI Belwccl..,.... f:1.c,Jf:!,.f"!/ ~.~.... ~l:\W... ,~.~.U:U:'tt, H.. ~ttlJ,t,:,I... ,~Io.l... ..f~, .(II),a
WI'IA
....
,"--
"At.
1'0/
u.,.
'1m" Ih.).,..
.llfl't....,..,....ftl"C
....,
-....,.
IIl1J"1'
"nil"'''
...................................J,..,....... .. ,
3: c ". ..., " ,..... 1.............1......,....,...............,.........,....,.
'lhmalllnR IlIdte.. or... ...." ....,. ..... .c;:,@,l!.". .~~.,..."t..", .......",....,..,.......,....,. ,..,.,...,..,.....
......,.........,............ ,~I'i\~l.I.$,~. i" ..~.~..,.,",.,. Zip Cvd.,J.7.~,I~ .,,'. hcroln.l'lorealled Seller,
.11 ,..,...,..,............"..'.""./i:wc1V,.. ,~n,.,....... IA'I"\
. ... "",. ")1''''',.......,.....'''.........,.......,...............1......,...
................,.............~.,.,.... "'!e$j "
Q. ~ ..... .........I....:.i~....,...,...'............,.,..'................
lilt maillnKlddrcu or... ..... ,(0",.. I". I<N,r.. :/jCll-.4.., "'k"., ,...,.".,....., ..........,....,...".".....
.,.,...,...,.. ,...........,.. ,V.Oa.H.t.e.S...""..... J:":ol. !J.,.... ZIp Code.Oi:q.Y.3.... '. horolnuRorc.lled Du7cr.
'1I01't:RTVI Seller hefell,. .groe. Co ull.lld COIIYCr 10 BlI)er, who herebY'Cllo, 10 parehue:
LL 1'H.4T Ct:RTAIN 1111 &' ~leCt or Iround llllh llulldl!lC' .nd Im'proYl~~'9ql' ~ro~ Ireclcd I' .1Iy kno,!/! as,
. .7%4c:;,s,. ..~. .~.~.. ,3,. '.. .I.Iep.~9.o\I.'. f':(A ;n",~". ..fl.\, .:t.flt..,,~H~&;~~. .~l'-.f.. ,~"ECT1!""
..elF.... ,LA~~~i!.~~".s.'t.c.J!tC., 'A''''~'' ,P.,,$, ~~I~'''., ,..1M.... .c.uM..ll~/~, ,d~.Y..f:\;S .~.s
1II....7JJ'1!J.JH.( ....... 0'... /:'I1.~JIt',t,.,P,.t.EI{...., Counl)'or . .CtJM~'~UfW.(.l.., ...."........,....,,,..
III. or,.... ,~........ 'f.j.... ...., ..........,........... Zip COd.....I,7<),(~'"..,.... ..... .....................,..
Onllll Cla.lsme.llonl... . '''tl:w.~, 'r... ,t;..Of.1 /':(1((;1.<'.<.;.....,............,...., ..." ..........,........".,.....,
IlIure IIflh'~ I,IVomenllCl !:llQUlIn the ~nlllnll ~llI~S'nCllllnn ~hull renller IhlllaroclDem VIIIII lIull IIcpCllh'lcnllcrcll hy lhe
uyer 5hllll he rclurnclllCllhc IJU.l'cr wilh"ul II tOljlllrcl11enl IIr C\lurt 11:1I0n.
i~S~1 No. ,...,.........,. ,.....,.. 1)ull Book ...t!S1..Y,......, ......" Paso No, ..~~. ,......""..".
.1 Pu~hase Prlca ,......" ;r.'H-.f.u.... Huf:olfl!."..fJ.... .T.tt/~,r;.'(.... ":T1;(r;y,~",~P.,,", ~ ., .J:loU.r.
10 be paid 10 Ihe Stllor hy lhl BUYI! u fellvw.:
(I) Cosh or chook II tl.nln.lhlll.r"lnenl: ..".,.. ..$1:&. ,~~^~, .~y.s:llf. s.,.... Z/:I,IXJO. .~~..,.........,
(2) en" llr check lObo Plldnn orbOfote:.......,.."...... ........, Ill............ S.....".... ,....................,..
(J) .........,...:....,........:.,.....,......,.............."...,."..,..,.... S.......,.......... 0.0.....'....,...
(4) Ca.h Or cerllnod check II limo ohctlle,nonl:, , . .. .. , .. . , , . " , . .... , , .. .. , .... ,.. s~' d. DO(!. ..
............... ..
TOTALPUCE S... t1trI1/."..,rt:..........I.......
' W,lllcn uPlltnvftl or Seller 10 ho nllot berore:..........,..1l:, .!orlr.J.~,"', .....''}.......................,... 19. f.~........
I Selllcmellllll ho Inl.J. all Dr hofllre:..... ...5E!.. . .s1!t.r:''',4-..~y.~"f..f' .I1DQE.IoIIUJ/rlo."......, 19......,..,..
) (,'uIIVOj'ulIoe rUIIII flcller will he by foc ~ple doed Oftl1o(111 w.t~ty. ,
I Trln.rertaxe~ will he p.hl hy ,.. ..I. .wlo.. .e~~~.~ .....1... ,0:.. ~~O:(..., .....,.". ............,.. ..........,..
J The rollowlna .hlll he aPl'olllullcd pru.Tlla UllIf allll at IlIn. of lolUcQlcnl: tuer AI lev/cd an" mOIlN. fClIlI./nlcrcll 1111 munVlIVo
assumpllon.. waler and IeWDr rcnll,lI.nlbla mun/olnll urvlo.., and ~ndalD/nlum fOOl, If any.
STA!JJ8"l1F WATER AND S&WER, S~iv.rrlll" Ihol dll.pl'Operty I. ~d by.
lJl1lublic "'aler C well walrr wrubllu .ewor n ..ptlo .Yllam
Seller fUMher warrlnla lhdllhm IYllom'lrc /'\Illy paid for II oflllo 1I11ltoflhll AatoemCIlL
POSSESSION AND TENDIRI
, Pourlllnn II In lIa dellv.rwll hy dud. key, anll phYllcll pn~.e$JIlon 10 . V.elnl build In. (Ir Iny) freo Of lIebrf. III dny 111111 lime of
..llIomell'. IIr hy deed un.J aMlallnltnl ef ....1111. IUlo(.) al tlmc of ~IUomeal if prcnllm aro I.nolll oCl:upled, ulllc.. 111110,,",1'0
,,...,n.,III.,,I.. .. . ... , .. .. .. .... ...... ...... . .. . . . . . . . . ...: . ..... ...... ..... . ..
If len,,", nc'UI,lc,I, Ruyer wfll.....nwl.'IK.lho oll.lIl1,lcIIIO(I) by Inlllllln,lI (Ihom) .llho time ar II.nlnlllli. "'"cclllonl ufSule
I
all'" "r "............. II "II'HII, ".'.IU.
, ':'......1 ...1. "'","u"lI,, I" ....I~IIIIIIII/.fll",I.,.h.....,..". "'lfIW' J..tv.....I...... VI ..J....,h.....1 I....". Iwl ..,..........1..". ""'1'4'111 41................ ...1..-...
oonscnl or Ihc Buyer.
I Formalll!ndrr of an elteuled deed end purch.lo mOlloy I. horoby 11'.1\'911.
) 8uyer tclervc.. Iha rllhllo mlko I p'Nelllomenlln'~cllon or Ihe .ubJool properly. . i:
ITEMS OF PERSONALTY: "11' rl]Jlowln, Itoml 110 In~ludod 10 1J''!t.OIO 'Dd purchase price: .,. (,OW'. "t!I",...".",.....
. . . . . . .. , .. , . . . . J.AN.O, .. ,,, . g .'.~Ii T.:.. , QF.. .. .6104 Y.r~"/oJ~/St. .. ,l.f:Jc4.rl,Q .. . ,OIllM~, .. .. . .. ..
......................................................................,...........,.............................,......
. .....................................,.......................,.......,...
R(iio....;;;~l;; ~1I;1;1;;,~ ;,;;.; il~;il~ '~ilj ;I~il~~~~'~ ;lrleln oil anll. olllelc. delCllhollln lhl. parourQph anllln1 Olhor nllUlel nr IlOlnlllf
~,.ulllllly Ir".tnoully llI:hcdulcd IIl1d 10 hc 11I~lu~cd IlIlhll IUle.
SPF.CIAI. nAUSES:
I. f~l~~r 01" Wi....' TO et. P~I OtO TO A60ve. OUC:1f.16l0 nI'lC:r.S 1.\:S
-11.0...... U S ~ II. T~l" 'lhG.H"r" <:IF c-J,q Y IS P~~I"(O ,fJ ~E.D
::.oN\1'E.'t'lfoo)!i> ~,J~ "N. :>.I.Aof,rU.. ~""r:.u...,e. ~~t~ c.a~ .se.,\1 AUt
'"c:.~ l:>f.tO IS ATT"~c..HaO ;0 """":1 c.o~'TCI4~,
I.. SEU-l.e... 7't> p~V'()! ''l'"t Co. .s1~t>J Co,. "'sIt,(
APp~plt.l,qn TO TCc,a.)IoJSH, P!CI ,q."',o,,",.s) Al..ot.JE, A~OAO-
tl ^CEIo-JT -rO Os. R.OVT"f. \ \. Toe".)foo)Sl'ItP .:50 "'()Ptt4I1~ TMI.\
~Tf.C. SI~fJ OUr. CO I..OCA [) WITH lturr"ut."'t-li'"SC4N
__.J . ~,,J
of .sel..l..tItS. J~~r-\ol.
..- 't't.~ ~H-"u- ra"'u~ A Dvt, OILHotl'-JC.!:_ PE.e.IOl) OF ,30 D~'r'.s~f .
'I60"''\'S t:>~'n..,TI"t. ~t..I~,Ic.'T Dt'l'T"'E.,...o A"J,<tc...,..t.t. rHl.pJ.'{;;
.\IC.""'- c:.J:>o"'O'''rIO~~ OP T~ ?1l0Pl1.IlT'Y 'n:> 1>t.T1.R.MI..Jf. T"t"'1t
02
t:
lD
i:
~
-
.-x:
ADDENDUM TO AGREEMENT FOR THE
SALE OF COMMERCIAL REAL ESTATE
THIS IS AN ADDENDUM to an Agreement for the Sale of Commercial
Real Estate dated June 6, 1990, made this day of June, 1990,
by and between Mu Ching Chu and Chin Chun Chu, his wife, of
Carlisle, Cumberland County, Pennsylvania (hereinafter called
Seller), and Fairway Products, Inc., of Vorhees, New Jersey
(hereinafter called Buyer).
WHEREAS, the parties desire to amend Paragraph 2 of Paragraph 7
(Special Clauses) of a certain Agreement for the Sale of
Commercial Real Estate dated June 6, 1990;
NOW, THEREFORE, in exchange for the mutual consideration and
intending to be bound thereby, the parties agree as follows:
1. Paragraph 2 of Paragraph 7 (Special Clauses) shall be amended
to read as follows:
2. Seller to allow Buyer to lease from Seller for purposes
of placement of a sign on Seller's existing restaurant sign a
location for the Buyer's motel/hotel sign (of a size
appropriate to Township specifications). Buyer is to have
the motel/hotel sign separately metered, the cost thereof to
be borne by the Buyer, and Buyer to further bear the cost of
installation and maintenance thereof. Buyer shall also
maintain liability insurance for the sign. Buyer shall pay
to Seller the sum of Two Hundred Dollars ($200) per month for
the lease of the placement of the sign, as aforesaid, for a
period of ten (10) years, with the monthly payment thereof
subject to an increase of five per cent (5%) after five
years. Seller agrees to a renewal for an additional term of
ten (10) years or such other term as can be agreed upon by
the parties, the rental amount for which shall also be
subject to further agreement between the parties, for any
renewals.
IN WITNESS WHEREOF, the parties hereto on the day and year writte~
above set their hands and seals.
WITNESS
YM/v-5f~
~~
c..s:e:
~
~~-~
CHIN CHUN CHU
FAIRWAY PRODUCTS, INC.
By
.IM \'A:sl l1iillullltu:ul
l'hi"I~.lphia. I'^ 1911H
2IS.247.IIOI/2
eft?' I ?
--4 ~ ,1~
~ r
~
Commonwealth
Land Title Insurance Company
.l\ugust 9, 1990
BE: O1u Property
Middlesex Township
OJnberland 0>., Penna.
CENl'RAL &rATES REAIll'Y, INC.
15 State Avenue suite 103
Carlisle, Perma. 17013
FaTN: Robert Jolliff
Dear Mr. Jolliff,
'!his will a:mfirm that 'lie have received a check in the aIIt7I1Ilt of
$20,000.00 from Fairway products, Inc. representirJ:! a deposit on the abJve captioned
property.
EXHIBIT
a Reliance
V' ^ Rtlia",c GIUUp Unlll."" ('(\.n~")
r
Uall
,-'
JOHN H. BROUJOS
HUBERT X. CILROY
CHRISTOPHER C. HOUSTON
BROUJOS. GILROY 8 HOUSTON, P. c.
^TTORNEYS ^T LAW
4 NORTH HANOVER STREET
~RLlSLE, PENNSnV^NI^ 17013
717-243~4574
NON "TOLL fOR. liAllR.158UR.C AREAl
717.760~1690
FAX' 717-243-8227
December 14, 1990
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Frank J. Ruck
Branch Manager
Commonwealth Land Title
Insurance Company
18 West Hilltop Road
Philadelphia, PA 19118
RE: Chu to Fairway Products, Inc.
Middlesex Township, Cumberland County, Pennsylvania
r- ~ C ,..,,.. '. . .
" &:.. t...,
;;
Dear Mr. Ruck:
Please be advised that this office represents Mr. and Mrs. Chu who
are the owners of those certain premises located in Middlesex
Township, Cumberland County, Pennsylvania, which are under and
subject to a certain Agreement of Sale dated June 6, 1990, entered
into with Fairway Products, Inc.
It is our understanding that your office is retaining in escrow
the sum of $20,000 which represents the deposit for the purchase
of the above-referenced premises. This is to advise you that
these funds are not to be released pending receipt by you from the
sellers of a written authorization for the release of these funds.
Very truly yours,
kb
Christopher C. Houston
cc: Central States Realty, Inc.
Harry Snyder
Fairway Products, Inc.
Mr. and Mrs. Chu
EXHIBIT
I
lieU
~
~
e. '1l\~
, ,. '"
~ ., ::to ~
to
i ::::::
r.."-
<:>
'"
-:r
~ .."..
-
~
-={
':11 : >-
b-: 0 1 IX
()\w :~
~I:;: ):0
fj:; ~z
:~Vl"1:0
: : J:
: w : I-
o:r: IX .: O.
~ I-~ &::
{Z ~"
~~
:~~~
:0 : ~
: U : ~
. ,.
, .
. ,
~
'"
......
~,..
~....
I.~ ~,~
::,:,-.:.-,,"t
-- ~ '~-;:
;~:_' (~<.):t
,:r,C-I""
. ..~ ....~
.:::::-
to-
-::r-
~ ~
~J
;.'J
".
.' .":
,", z..;
r..o:t:
OH
~~
14><
p.,U)
zSE
0J:z:l
~p.,
o ...~
U~j
r..z
0::>1
o
~u6
8~Q~
U U
J:z:l <
:I:J:z:lH
E-tIIlH
-::<::>
...::>H
-
::>
:I:
U
,
ZIII
::>Il-l
:I:1l-l
U..-j
.j.J
ZJ::
H'.-j
:I: It!
U.-t
p.,
'tl
J::
III
::>
:I:
U
Cl
Z
H
:I:
U
::>
'tl
J::
It!
J:z:l
'14
UE-t
ZH
HE-t
E-t
Z
H
j
p.,
~
U
..,
....
_ 0
..J Z to-
<>-0 1-:;;
:I:<i= W_
I-tI);2~wZ
ZClo<~<
~Z~~Ul>:
",,-0<...-
a::.....IUlll...:>O
o~~~!:2~
~a::~~:X::Z
_W-Ol-d'.!
a::~:::~Ulc:>.
~O~<~~
?.....I '" .... Ul
0..... c. ....-
.....I < ~
..... <
U
'<I'
0\
0\
.-t
,
III
.j.J
J::
It!
'tl
J::
QJ
-Il-l
-Q><QJ
u)~ZQ
Eo< <
U p.,
::> ::<:
Q:I:O
glE-tU
p., J:z:l
U
>< Z
~oiii
1>:;:;;::>
H;>;u)
<OZ
-
14
H
:>
H
U
.
III
>
,
o
. .
..,
...
....
:::'"
...
....
N-'r--,f'f)
.... < '" '"
N:I: '"
'" I- ....
OZe:,...
c.::....ci>-
11ll.:]11l<
:=C:>:::=Ul
g~g~
u.. . u.....J
ci~cij
Ul....UlO
11ll.:]11lc.::
::EO::E<
:s.c:>:::s.U
----
x
----
MU CHING CHU and CHIN CHUN CHU.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO, 204 CIVIL 1994
v,
CIVIL ACTION. LAW
FAIRWAY PRODUCTS. INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY.
JURY TRIAL DEMANDED
Defendants
PRAECIPE TO ENTER APPEARANCE
AND NOW. this / tf~8Y of March. 1994, enter the 8ppearance of the undersigned on beh81f
of the Defend8nt Commonwealth L8nd Title Insurance Company in the above-captioned action.
JOHNSON. DUFFIE. SWART & WEIDNER
By: ' :>
. oy Wei nero Jr.
I.D.No.19530
301 Market Street
Post Office Box 109
lemoyne, Pennsylvania 17043-0109
(717) 761.4540
Attorneys for Defendant Commonwealth Land
CERTIFICATE OF SERVICE
AND NOW, this /if/tday of M8rch, 1994, the undersigned does hereby certify that she did serve
8 copy of the foregoing entry of appearence upon the other parties of record by causing same to be
deposited in the United States Mail, first cl8ss post8ge prep8id, at Lemoyne, Pennsylvania, addressed 8S
follows:
James D. Flower, Jr., Esquire
Flower, Morg8nthal. Flower e. Lindsay
11 East High Street
Carlisle, PA 17013
F8irwey Products, Inc.
510 South Burnt Mill Road
Vorhees, NJ OB043
JOHNSON, DUFFIE, STEWART & WEIDNER
By~ ~'YJ 1(,7 y; tit (l./J ((
haron L. Preble
=s
~
I~I
. ~ c
~u~
8~~
~2~
ffi
~
-::r
en
~
",
.;r
:."
a;
::;:.!
.
5 ~
....
15 !l
o .~
~ ~
o
~
5
!:f
H
o
i!
i
'E~
~~
~~
~~
~t5
; Iii
Ul
....
c::
]
2!
~
~ ~ I
e~~~!l~
IEli:Cl~~~
o l1. iil ~ ~
~ ~ ~.d i:i
:s ,;J .:..
Z 0 ~ 1'1
~ ~ 5
~ S
o
~
I
t<.
o
~
..
Daniel Morman
Idenitification No. 42850
1701 Locust street
Suite 1110
Philadelphia, PA 19103
Telephone (215) 732-0421
MU CHING CHU and CHIN
CHUN CHU,
Attorney for Fairway Products,
Inc.
Plaintiffs
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 204 CIVIL, 1994
FAIRWAY PRODUCTS, INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Defendants
ANSWER OF FAIRWAY PRODUCTS. INC.
Defendant, Fairway Products, Inc. ("Fairway"), in answer to
the above captioned complaint, hereby admits, denies, and alleges
as follows:
1. Admits, but denies address for lack of knowledge.
2. Denies. Avers that address is 3000 Atrium Way Suite 217
Mount Laurel, NJ 08054.
3. Admits.
4. Admits.
5. Admits; avers that said deposit was to be returned to
Fairway if requisite approvals were not received within the
specified time period.
6. Admits check was given to Frank Ruck. Denies for lack of
knowledge as to nature of communications between Plaintiffs and
Commonwealth.
7. Denies, avers that no such agreement existed.
8. Denies. Avers that Fairway expended reasonable efforts to
----...--
,
.-'
obtain necessary approvals.
Further avers that despite such
efforts, approvals were not obtained within the time period
specified in the subject contract.
9.
Denies.
Fairway repeats allegations of ! 8.
Avers
further that this allegation is not relevant to the legal issues
raised in the complaint.
1.0. Admits.
1.1. Admits.
1.2. Admits.
COUNT i
PLAINTIFFS v. DEFENDANT FAIRWAY PRODUCTS. INC.
1.3. No responsive pleading required.
1.4. Denies that the referenced deposit money served as
securi ty. Admi ts that the Agreement called for a refundable
deposit.
1.5. Denies. Avers that the referenced deposit was held in
escrow.
Avers further that Fairway and Commonwealth acted
properly.
1.6. Denies. Fairway repeats the allegations contained in !
8 of this Answer. Further avers that Fairway performed all of its
obligations under.the Agreement.
COUNT II
PLAINTIFFS V. COMMONWEALTH LAND TITLE INSURANCE COMPANY
1.7. No responsive pleading required.
1.8.
Denies.
Avers that no escrow agreement was ever
executed.
1.9. Denies. The response of ! 18 is incorporated herein by
reference.
.....
20. Denies. The answer contained in . 15 herein is repeated
and incorporated herein by reference.
21. Denies. The answers contained in .'s 15 and 18 herein
are repeated and incorporated herein by reference.
WHEREFORE, Fairway prays that this action be dismissed, and
that it be awarded litigating fees and costs.
BY:~
Daniel Morman
Attorney for Defendant
Fairway Products, Inc.
1701 Locust street
suite 1110
Philadelphia, PA 19103
(215) 732-0421
VERIPICATION
I, George M. Diemer, President of Fairway Products, Inc., a
co-defendant in the above captioned action hereby verify that the
statements made in the within answer are true and correct to the
best of my knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18
Pa.C.S. section 4904, relating to unsworn falsification to
authorities.
Dated: July 28, 1994
,--~,:,...
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing was served on
the date which appears below by mailing the same by first class
mail, postage prepaid, to the following parties:
James D. Flower, Jr., Esquire
Flower, Morgenthal, Flower & Lindsay
11 East High street
carlisle, PA 17013
Dated: <J'/3(qf
Daniel Morman
"
;i;
\on
"'..
"'...
"''''',
j.- 7~_
u.JO':"...V;r.
~~~'~
~:: Of" I.) oJ
> ,......-:Y.,.
.~~;.:Z~~~
I "~~l\\J
.'::>"-
'"
~U
o
-
:c:
"'-
...
:s
N
CJ
:>
-..
"
"...t~
D1mcan & Otto, P.C.
Attorneys at law
One Irvine Row
Carlisle, Penneylvania 17013
William A. Duncan
Susan J. Otto
Rachel L. Mensch
(717) 249.7780
FAX (717) 249-7800
April 5, 1995
Jamee D. Flower, Jr., Esquire
Flower, Morgenth8l, Flower & Lindsay
11 East High Street
Carlisle, PA 17013
RE: Chu v. Fairway Products, Inc. &
Commonwealth Land Title
Dear Jim:
This is to acknowledge receipt of your letter of March 30, 1995. We
will not schedule a hearing until you and the other attorney call for 88me.
Please keep be posted, I may check with you periodically to get an update
on the status of this matter.
7/z1
1b/-lfSClO
Z:3JPH
Yours truly,
-w:e
Duncan &~tto, P.C.
~,
William A. Duncan
I)nnl'.an & Otto, p.e.
Attorneys at law
One Irvine Row
Carlisle, Pennsylvania 17013
William A. Duncan
Susan J, Otto
Rachel L. Mensch
(717) 249-7780
FAX (717) 249-7800
April 5, 1995
James D. Flower, Jr., Esquire
Flower, Morgenthol, Flower & Lindssy
11 Esst High Street
Carlisle, PA 17013
RE: Chu v. Fairway Products. Inc. &
Commonwealth Land Title
Dear Jim:
This is to acknowledge receipt of your letter of March 30, 1995. We
will not schedule a hearing until you and the other attorney call for aame.
Please keep be posted, I may check with you periodically to get an update
on the status of this matter.
Yours truly.
Duncan &-Gtto, P.C.
~,
William A. Duncan
WAD/ws
,.....,..""_.....
._~.=\;
D11f1can & Otto, P.C.
Attorneys at law
One Irvine Row
Carlisle, Pennsylvania 17013
William A. Duncan
Susan J. Otto
Rachel L. Men6ch
(717) 249-7780
FAJ{(717) 249-7800
April 5, 1995
James D. Flower, Jr., Esquire
Flower, Morgenthal. Flower & Lindsay
11 East High Street
Carlisle, PA 17013
RE: Chu v. Fairway Products, Inc. &
Commonwealth Land Title
Dear Jim:
This is to acknowledge receipt of your letter of March 30, 1995. We
will not schedule a hearing until you and the other attorney call for same.
Please keep be posted, I may check with you periodically to get an update
on the status of this matter.
Yours truly,
Duncan &~tto, P.C.
~.
William A. Duncan
WAD/ws
-n-.,
SHERIPP'S RETURN - SUMMONS/COMPL.AINT
1fI~ ~ ~
,L
~~
COMMON PL.EAS NO.
COUNTY COURT
VERSUS
TERM. 19
~.-ea'~#</~
_~~ ~ . e.--
NO, I:: 3 ;/--/.P /- j 'T
SERVED AND MADE KNOWN T .
o Delendant
b/%/d .J.-& [EJ Delendant Company
by handing a true ond altested
copy 01 the within Summons/Complaint. issued in the above captioned malter
,at J~ o'clock, -4=-M,,@/D.S.T.
;2-_7- ,19)1
at / f 1t1--. :?~~ /I ci!
State 01 Pennsylvanio, to
on
, in the County 01 Philadelphia,
o (1) the aloresaid delendant, personally;
o (2) an adult member 01 the lamily 01 said delendant, with whom said delendant resides, who stated that
his/her relationship to said defendant is that of
o (3) an adult person in charge 01 delendant's residence; the said adult person having relused, upon re-
quest, to give his/her name nnd relationship to said delendant;
o (4) the manager/clerk 01 the place of lodging in which said delendant resides;
o (5) agent or person lor the time being in charge 01 delendant's office or usual place 01 business.
g (6) the -:J. 0l--.-r,J"L-- and officer 01 said delendant Compony;
S'N(\~i\ TO N~D SU35ClUSE9 '
bure.., "" II,i, ,f-i8-1-1-,nn. day
1.. ~"
of ':,.'J. l'
So Answers,
JOHN 0, GREEN, Shorl!l
By:1t~~~_
/loPU!.' Sberi{{
NolaMI SooI
JedeIo BJm, Jr, ~
1'tf~'J, PI1 r,lI"lJI" CO""",
UyC~nrl>t>SiOfl E'rn~ Jj;'l(! :'--lfl94
12.38 (R..... 12,B7t.. 1fJor. Pf'f:n-:")1\-'nnqk.::{.~ !:':-:1 01 N'....l'X.'5
In The Court or C.:mmO:-l ?1=:::5 or C:Jr..~:..-:~:~i=nd C':'H~:-;.'.YI Psnr:syl',c:rd::
M~ Ching Chu and Chin Chun Chu
'is.
Commonwealth Land TitLe Insurance Co.
~o. 204 Civ il Term ; 994
:~--
:-iow, Januarv 19. 1994
:9_ !. S:~..z::: 03' C~r.3~.!."L'iD COt-~'l"Yt ?~ co
. . . . . .. .- .
==--:J'f c:...;:ur::: == '::c.=".:I 0:
Philadelohia
~u:t1 :0 ==-.:t: .:'~lt 'tV:::,
:.:is =-::u::cu ::~ -....:- ~t ~ ....~.:::t :':0. :.:~ at =: ?!:ili:::a'.
r~' # ~~/A~
'/' ,. -';'; .
.. ~~~J~~r:...;..c "/ ...~~-f?
5:ae.."l:! ot Co::::i:..r..:u:d C~u:1tY, ?:l.
.l\Sda.vit or Sem~
So ~=.
Shc:ii of
c......rr. ?:s.
5wa:: me! saCsc-.:=d bCcr= '
= :::s c!3y ci
10
---,
COSI'S
SZA.VlCZ
~auAG~
A,:r!DA v-rr
.s
5
r_ --I
...__~f.-
,. r\'--','.':':. . ..~-,..i'
f'IJII ,\ ,,,, "
I ~,,~ .
..... "I' QS
01 J n~ i ~ r \ i ,,;"
J'. to"~ ,.
~
,
.LN
~
-
~
-
I
-4)
-~
c:\wpSI\jdljrdoc.\pracclpc.chu
MU CHING CHU and CHIN
CHUN CHU,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF
CUMBERU\ND COUNTY, PENNSYLVANIA
CIVIL ACTION. U\W
vs.
NO. 204 CIVIL, 1994
FAIRWAY PRODUCTS, INC. and
COMMONWEALTH U\ND TITLE
INSURANCE COMPANY,
Defendants,
JURY TRIAL DEMANDED
TO THE PROTHONOTARY:
/2L:'~l:sfCi..l~
Please r _:___1 the complaint In the above captioned case.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for the Plaintiff
~
)-,.
~!-
~t~_~-t
g~~'i
...c:-.(")_,,,
,.",'1:'Q:'
-;' ~:: '4 ..'
.. -I .t.-
~ __; 1',
.1 ._\..::;Z".
_ ;,Jt.l./;.t
.~ ,:' ~i~~
.....:::l
0'-"
~
In
N
S
-
N
co:
....
=
.
SHERIFF'S RETURN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
In the Court of Common Pleas of
Cumberland County, Pennsylvnaia
No. 204 Civil 1994
Complaint in Civil Action
Law and Notice
Mu Ching Chu and Chin Chun Chu
VS
Fairway Products, Inc. and
Commonwealth Land Title
Insurance Company
SERVE: Fairway Products, Inc.
R. THOMAS KLINE, Sheriff, who being duly sworn according to law,
says, that he made
diligent search and
Fairway Products,
inquiry for the within named
Inc.
defendant, to wit:
but was unable to locate
them
in his bailiwick. He therefore
Delaware
deputized the sheriff of County, Pennsylvania,
Complaint in Civil Action Law and Notice
to serve the within
On
April 25, 1994
, this office was in receipt of
the attached return from
Delaware
County, Pennsylvania.
Sheriff's Costs:
Docketing
Out of County
Surcharge
Delaware County
So answers y .,. '
-/' /. /~/
>::.., (~~/_r;,...;;-
~. THOMAS KLINE, Sheriff
14.00
5.00
2.00
22.75
43.75 pd. by
efore me atty
4-25-94
...
'"
Sworn and subscribed to
this .A 7 ( {~ day of
19 14
U'S-9U ~
I f 'f/Yl
'l{~ Ji;.~. "AI' (k, r
.4ec" a;t ~.;.C ~k., o..z&.,.t.R~ .u...h.c- ~tlllll...t+.
-Fu1<-WOy e"c<fket..,J..c. ~:1.'i t>Ut:. 1
..JUucfJ tu&Z~.
~kL
SWCl': :md S'.:i::sc:-:bed bCc:r;r] ,
=: ::is /), 61 oi Vp"-<--<
/ I
/
I I ~ C un cr C-mm.......,. :::\' .:=....~ -y" (".,.. "- '.u;....n...l (..... .~...'1 P--r:"'yI'1 .
n -n:... 'Q' 0.. . _...11& __,.. ___...., '-__,.._.:.:.:~._,.... -"--.'1,1 ::::....., c:r:I::
Mu Ching CHu and Chin Chun Chu
'is.
Fairway Products, Inc.
~o.
?nd l"'ivL T"rm 1 qqd
':1
----
:-;'ow,
MRT"~h 10. 1 qq4
:'9---. 1. SEZ?..!::: 0: C~G:E::'..!.A.'lD COt.~'!'? ?-~ co
h=:by cL::u= tb S~.:r oi
DF!lRwRrp
c,u:ty ::) :::...-=::r.: --u ',V:::,
... .. . .' . .... -,..-
:=s e-::u:::cu :~ -.,-- ~t == ::qu=:c :.:C1 ~ at :::: =-~::::r.
r%~~~
sae.~ of C:=::e.r..:u:cl C"11:tY. ?~
.
A..ffidavit or
- .
:::e:"71ea
:-;'ow,
19
o\:!cc:!;
'tL !:-."':':i
..
. --
. . '0
::~ W'l....n
~poa
~t
by::u:~:o
:1
c:py ci ::::: o::~ 0_."
...
md -~':. Cowu :0
~ .:::t=:S ~~:==L
So =w=,
t2tAv tfJ 4C:tf--t ~ e
-. .- i ~. .~ A ..
~ 0 l"<-u! L-tl~'&...^""~__,,
CDunrr. :~
192f/'
CCST.S
c::n....'c:z
~!!I..E.-\G E
oS
/
, \....'7 ),.-j/' -
c.;....-/ j' /1
---""----.-.-...
. NOTARIAL SEAL
BONNIE l.. MOORE. Notary Public
Modle, Delaware Counly
M CommisSion Ex ',es A il 3. '985
/ '-
/
s
f_ .-'
~ > .. ~'.,""
',"i .
~...'''',-
MU CHING CHU and CUIN CHUN CHU,
------------.---------------------------.-----
In lhc Court of CeDUDOn Pla.s of
CumberWid C4uncy. Pmasyh.aJlia
Plaintiffs
.--------.--------------.---------------------
vi,
N".
204
Civil.
94
19______
--------------------------
FAIRWAY PRODUCTS, INC. and
CIVIL ACTION
LAW
----------------------------------------------
-------------.----------------.-----------.---
E8~~~~~LTH LAND TITLE INSURANCE
-------------------------OEife1iarciiifsr-------
JURY TRIAL DEMANDED
---..-..-..-.--........ ...- ..-..------..-....----------
.--- ----------------_.. -----. - ------ ------ -- -- - ..------ ----.. --.-- -- - -- ..-..--- -------------- -----
Please reinstate the above captioned case.
-- --- .----------.--------------- ----------- .---- '.----------------. . - --. .--- -------------- --.----
.---..-------------------------------------------..-..---------..--------..----------------------.
.--------------------------.
--------..-------------------------..-----------------..----------------
.------------------------------.-----------.-----------------------------------------------------
.------------------------.--.---.-------..-----------------------..--.....-----.-----------------..---
----------------------... .----------------------------- .-----------_..____. __ a_______________
1'0 ___________ ~------------~------------
J .I A L' " C;;
--------------- -~~~ ----~~J________
Prothonotary
19_~_~
--------
Jame~
F
1
C
laintiCf.
INDSAY
..:......:.::;:
,......~,;;:;;i"f..
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 204 Civil Term 1994
Notice, Complaint Reinstated
Mu Ching Chu and Chin Chun Chu
VS
Fairway Products Inc.
SERVE: George Diemer
R. Thomas Kline, Sheriff, who being duly sworn according to law,
says that he served the above Notice, Compliant Reinstated, in the following
manner: The Sheriff mailed one of the within named defendants, to wit:
George Diemer, a notice of the pendency of the action by certified mail,
to his last known address at Capital Property Investors INc" 300 Atrium
Way, Suite 219, Mt. Laurel, New Jersey 08054. This letter was mailed under
the date of June 30, 1994. Letter was received by George Diemer on July 08,
1994 with return receipt card signed by Ola Mosley. Return receipt card is
hereto attached.
Sheriff's
Docketing
Surcharge
Certified
Costs:
14.00
2.00
Mail 2.29
18.29
So Answers:
./
,. "" - ;-. .: .~.'.. ..,.. .../
,
Pd. by Atty.
7-12-94
R. Thomas Kline, Sheriff
Sworn and Subscribed to BEfore Me
This ...1.l...r& ~DaY of 0.1"/
1994, A.D.( .. '4-0 rhu't'u /.1JJJtI
B 0 honotary 1'7 I
~.,- .
'~
.....
"
..~,~:;
~,(~'... '-- -' -
..f'Iit><.
;~:t~.~~ComIiIIt. ~ , ~Of 2 for~t ~~..
'" ~,. . Ih_ 3. I..UI . b. '
: _ ~,.~->""" ur Nn'II: and .deI,"' on the rlV'''' of thII 'cwm 10 thlt w. tan
... .oreturf'! card to you. -
, 'f! . - AUKh thit 'CNm to the front of thl fNiIP'tcI. Of on the bKk If 11*1'
dool not pomIIt.
I !! I W.... ''Ilotum R-'Pt Roquol1"''' on tho mlllpio<o bolow tho Inlclo .....bo' 2. 0 Reltrlcted Delivery
! ti . The Return R.uIpt will ahow to whom the Inklt Wit dlMv.1td Ind.... d.11
lS ..._. COMUIt Itmelter for fee.
I 1 3. Article Add....ed to: 4e. Article Number
\ i George Diemer Z305-865 052
';'1 Capital Property Inves tors 4b. Service Type Olnlurod
\. I 0 Reglltored
': nc . OCcertlfled 0 COD
I 300 Atrium way Suite 219 o Exp....Men o Return Receipt for
I, Mt. Laurel NJ 08054'1.
I . 7. Date II
I ,
I allo wllh te rocelve ih8
following ..rvlcel (for en extre
foel:
1. 0 Add....ee'l Addre..
~'
!
1
j;
I:,
,2,
-i il~
>0.
8. Add....ee'l Add.... (Only If requeotod J '
end ,.. II paldl .
,
,
,
l,
\; ~. Signature IAgentl
I,~F~!," ; Docember 1991
, ..u.a. GPO: '.....-.7'.
'J.
DOMESTIC RETURN RECEIPT "
I:
I
I
..
{
cc:Mti\cl&:- 6~ NctL-uy ~ 50;C:u:f'
2-0 ct. f'
DC)
7,,0 \ DOC)
~~o ~, t~~~
. 1 C\- C/V.4 Y'v\ . cvUf Gtt II
II (" ( /).1JM I p~
--vvO ~"- C CV\A ~a..:tClYl/L
/~~o am~~t, ~
CVv~ CAfOY :l,,>t- ~ }vt~.7 (fj~L
~jV1A\ t..e LZ;P,J/,) I t r u
lLOvvGf51j,(<< ({CfteL &Y-MJ:e I ?~r-
. (or"^^- [q"",y \~ [n-1/'w I(
~
CLu-) q, [9ro ~i~ ~AA~~CQ
. ~ ~"' [~{~~
..'
AGREEMENT 1I0R TilE SAU: 01' COMMERCIAL REAL ESTATE ~V( Conlmerclal
COPIU V- (.\
I. While...,..., ... .StUrf (U'nlGlll rf.~~su."'.u~I" AS.'iOCIAJlUN Of IULTOas.ltI.. S &,; C 1989C
1. Yrllow............Apnl
I. "................B.'" AGt:NT t'OR SEI.Lt:R CSUOAGENT FOR SELLER~
~=................~'~~ Cl~T,eAL Stt'lTl: R.~"'c..T)'
~ O...............B."'.. IS ~'jt'l"r!. I'\ut Svl1-'E IOJ
....,..........".,.. CI'IA,U.)c...t... PA /"10/3
I'A. I.IC~:N.!!~" BROKER I'A. I.ICENSt;U OROKER
THIS AGREEMENT, Ihll....... .6. .'................... day or... .....Jc)hJ.~................ A.D. 19.9.0.....
I. PRINCII'ALS: Belween....... H.~H' .~.c;".... c:.l:l.IJ... .~.~p... C'*,,.,,.. ~ttlJ.~... .C1:tI..l.... .I~ ..w;J.~
. ~i"h ;';~ili~~'~dd~~~~'~i:::::::: ::3: :.:e;::: :i;:C:!?:i::: :cp~:':':~:i::::::::::::::::::::::::::::::::::::::::::::::::::::::
............................... .C.A~\...I.$.~.. ./.................. Zip Code. J.7.9. .1,3...., herelnarler called Sellcr,
and.......................... .F.l'h.~\.I..U~:'1'..... .P..~.QlH-l~.T;'li...... .tN.!:.........................................
~"h ~~ili~~'~dd~~~~'~i:::::::: ;Si6::: :~:.:: e:~;(~T.: :j.;(i~:: ;?P.:::::::::::::::::::::::::::::::::::::::::::::::
.............................. .\l.aR.H.'i.e...s............ ./:0,.(, ,.1....... Zip Code.O&:Q.tI.3....., herelnarler called Buyer.
2. PROPERlY: Seller hereby agreello lell and convey 10 Buyer, who hereby agrees 10 purchase:
ALL TIIAT CERTAIN 101 or IIlece or ground wllh buildings and Impruvcmenls Ihereon ereeled Ir any, known as:
.. .nAr:.T.S... .~. .~~~ .3..... Ap.P.~~.-!C.I./':'(t\:r.tc.. -r.... .-?\ ~~.~. /J.":f~... .~, ~-:?'. .~~.~.. .~~Sl!Ecn1JE
.. .QF.... .LJ.\to,J.C?~... .aF.'. ..s.~t.c,.fI(.... ...,,$.. .P'.F,$, ~~1.~~4.... . IN. ... .Du.I)... .~(~..3 ~.y.. & .M3
In Ihe... ~1+J~SJ:l.I,~...... or... J:of/.~P.t,..,f,$.E.IL.... Counly or. .CtJlrld.'l'1Z LI'lN..a...........................
Slale or..... PI).......................................... Zip Code... ./.7t;J, (3.......................................
Zoning Clalslficallon:... J:f(r;,ff.W.~.'I... .Cf:>f:1r.c.U..hl.t!.4..........................................................
Failure oflhis agrcementto contain the zoning classilication shall render this agreement void and deposits tendered by the
Buyer shall be returned to Ihe Buycr without a requircment of court aelion.
Tax Parcel No. . .....oo . . ..oo oooooooo . .. Deed Book... ~~ ."'oo. . . oooo. . . . oo. Page No. oo .3$:.~oo oo oooo oo . . . oo. .
3. TERMS:
(A) Purchase Price........ ..-rl:f~u.... ./:ft.J.N!M~A.. ..T.ff/f?r:t... ..:rm$o{~!M-!~..... ~ ... Dollarl
10 be paid to Ihe Seller by Ihe DUl'er as follows:
(1) Cash or check at signing Ihis agreemenl: ........ .sU.. .s.l.m~.~. .~.c,J,S:~$'. S..... .2&I,.C)(:)Q, .~~.............
(2) CBsh or check to be paid on or before:.... .... ..... ....... . ...... 19............ S...................................
:~: C~sh ~~'d~r;ifi~.i ~'h~dk~; ;i~~'~i~~;ti~';;~~I;:::::::::::::::::::::::::::::::::::: :... :3' ;0'.' 000: .0:..............
TOTAL PRICE S.. ...3~~;.<'RR: :-:................
(B) Wrillen Bpproval of Seller 10 he on or before:.............~.. ~l,.!~.f,....... ./. .......................oo.. 19."r.C?........
(C) Selllementlo be made on or before:...... ..sU.... SRfr.Uf.t.,... .t:;{...;:c.Y.~~~.. . .IJDQ U.IIU./f:1.... ... .... 19............
(D) Conveyance rrom Seller will be by fee simple deed of special warYlfcIY.
IE) Transfer taxes will be paid by... ..t. .D](;... ~v.~~.~.... ..t....C!.. ~~~..........................................
IF) The following shBII be Bpponloned pro-rala as of and Bllime of setllement: laxes as levied and assessed. renls. interest on mortgage
Bssumptions, waler and sewer renls.lienable manicipal services. and condominium fees. if any.
4. STATjJ8'OF WATER AND SEWER: ScaJc('warranls Ihatlhis property is se.rved by:
lll-fi'Ublic waler 0 well waler lliY'Public sewer 0 seplic syslem
Seller ranher warrants Ihallhese syslems arc fully paid for as oflhe dale oflhis AgreemenL
5. POSSESSION AND TENDER: .
(A) Possession is 10 be delivered by deed. keys and physical possession 10 a vacanl building (If any) free of debris al day and lime of
selllemen~ or by deed and assignmenl of exisling lease(s) altime of selllemenl if premises arc lenanl occupied. unless olherwise
specilied herein. ..................................................;..................................................
tr lenanl occupied. Buyer will Bcknowledge the existing leasels) by initialing II (them) atlhe lime of lignlngthls Agreemenl of Sale
and by attaching it (lhem) hereto.
(0) Seller will nol modify or extend any existing leases orenler Inlo any newor addlUonalleases forthe premises wilhoullheexpress wrlllen
consenl of Ihe Buyer.
(C) Formal lender of an executed deed and purchBse money Is hereby waived. .
(D) Buyer reserves Ihe righllo mBke a pre-selllement inspection or Ihe subjecl property. "
6. ITEMS OF PERSONALlY: TJ1e.following items arc included In t~i~ale and purchase price: ... N. . .19.................
............... .J..,AIJ.D....1.; ./I..t.G.l-fT.... OF.... .AJ:'.l Y./'St'NA.GC. ..UJo1.Tl.O. ... .O/ll<..-r,..........
......................................................................................................................
......................................................................................................................
Seller herehy warranls IhBt he/she will deliver good lille 10 all orche articles described In Ihis paragraph and any other lixlures or lIems of
personally specifically scheduled and 10 be included In Ihis sale.
7. SPECIAL ClAUSES:
I. R,lc.l.n- Or w"'( TO e.~ P~WI OED TO A&O\Jf.. DCSc.,e16E.D T.tllc.i:S 2.\3
~Ro...... U:::. R!:l~ II, Tt-H:S ~\cot-.n- of WI'! V tS J)l.S~,~no IJJ ~E.D
c..oNv(''1'tr-JE. . LA,..,)!) TO Sit..Ll'IU'.. Rt.~~UiJCf; DEll) (XlOl:::.. 3Z. 't' pl1(;t 3S''f
.::5\,)~~ DE~D IS ATrAc..MeO '70 THtS CONT/U'~.
2.. Sf.t..LlL TO P~vtD~. SIlt Fola HOTEL SJ(or-J(€.lF tlSI'Z.t
APP~pll!.ll'ln TO TOU,)r-JSI'lIP SPfC.li-:;IC""T10~S) ALo"-JtS At--ll:)AO-
-,.., ~'S ROUTt \ \ ::t r- TOVJ r-JSI'II P ,50 1'- PPR/JuE.S THe ~
cJ "'C.EIoJT IOU' ,
f'4roTEl SI"',..J CJllUI.O BL CO LOCAnD. uJITl'( RU'l'hJRt\"->TSLC5N
of Se l...c..fitS '
.:3. Bu't'LR .5~"u- /4"\J~ A DU'E. OtLlGE,..Jc:.E,. PU~.IOC> OF .30 DIIY.! if
FR.oH ToD"YS D,.,,~...,THt:.. c.o~TJZ"C.T DA-n.) TO A~Ac..'('Z..f.. ,tU..p'
Prt't .s1C.~L c.oI-SOIT'O~S of Tt+~ PR.OPER.I'l', Tel DE.Tt.Rt.i!I.Jf; T1+~
Ff.AS I f.,ILIT'''' ~F Tt-t L PR.OJf.aT Il..rO '"TO Do HAR~~T ~T\JDIES.
,..
K. I'HIII'UII \'IlI:.l"U"I~ 11I~1'1.1I~\JHt::
.,' '.' lA' O\lo'lIcr ICllrC5CnU, lUhl ~llUll1ll!llhal Owner has 110 Lnuwlcdgc utep. us lUlled in this ^",ccmenl:
... . (I) 'I:hallhc pn:milics hllH' heen \:unlaminllh:ll hf un)' suhstance in any mllllln:r which rCljuircs rcmclliulion:
(2) 'I hut the propcrt)' cunlaim \Io'cllunds.lloud plnll1s,ur any othcrcllvironmcnlally lIicnsili,'c l.IrcitS.dcvclopmcnl orwhich is Ilmih:d or precluded
... hy law;'.. .
(l) Thallhc pr,opert)' containsasbcslosor polychlorinated hiphcnylsor uny olher subslunce,ahe remuval ordisposlIl of which is lubjecllouny law
or 1C8ulo1l00; Dnd
(4) Thai on)' luw has been viohllcd in the handling or L1isposinS of uny lUulcrial or wasle or Ihe discharge afBRY malerial 1010 Ihe soil. uir, surfacc
waler. or gruuml water.
(D) Seller und lIuyer u<knnwledge Ihul Droker:
(I) Is a licensed reol eslllle hrnkcr, .,"
(2) Is nollln eApert in con~lructlun, engineering. or en\'ironnu:nlal mullen; IIHI
(l) lias nolmuue a 11\1 shall null1lakean) rcrresenllllions urwurnlluics nurconduf:1 hl\'e.!lligallunsoflheclwirunmcntalcomlhlonorluilahililyof
Ihe properly or ony alljucenl property. including whelher:
. (0) 111e premises hu\'c ~een conlaminaled by lny subllance In any munner Ihlll u:'1uircs remediation:
(It) The pmperly cunlulns wetlands, nood plqins. or any ullter en\'irunlllenlillly sCl1siti\'c UrCil!l, the developmenl of which is limih:u or
precluded hy luw;
(c) The properly cOllla.lns Dsheslu, or polychlurinated hiphenyls ur uny tJlher subslunce, Ihe rCI110vul or dispusnl of which iSluhj-.'Clto
!l'..- : '. .'. unyluworresulal1on:antl'.
, (d) Any law has been violuted In Ihe handling or disposing of any malerial orwasle orlhe dischargeofuny malerial intolhe soil,air.surrucc
. . waler. or ground water, ucept aJ noted in this AgreemenL
. (C) Seller Ig!ee.1O Indemnify Bnd 10 hold A.Ilenl harmle.s from and u~alnsllll claims. demands. or lIabllllles. including Inorneys fecs und cnurl co.ts.
~hich ~nse ~rom or ~re re Hied 10 Ihe envlronmenlul condition or IUllability oflhe properly prior 10, during.or uner Seller's occupalion oflhe pruperly
. including Wllhnul hmUBI/un Bny:. .. .. .. .
...! to.,' (I) .CpnlllmlnBllon oflhe pruperly.. defined In parlgmp~ g(A)(I);
12) Presence of any envlroqmenlally .ensillve areas on Ihe properly BI defined In p.ras!."ph 8(A)(2);
3) Prelence on Ihe r.rupef1y' of any .ubslances which .... 'thc'lubjccl uf jmragrlpb g(A)(J); ur .
(4) Vlo!allon.oflbe IWlldescribedlnp",agmph8(A)(4~.. .... . .'
(D) The pruv15lons orlbls Secllon shall,urvlvc Ihe perfonnBncc of Ihls AgrcemenL .
9. NOTICES" ASSESSMENTS
(A) Seller represents. as orlhe acceplance date orlhis Agreemenl.lhal no public improvementalSelsmenls have been made Dgoinlllhe premises which
re~ain unpaid and Ihat no notll:e by any government or public uUlhorily has been ser\ICd upon Ihe Seller or unyoncon Ihe Seller's behalf. inclUding
. nollces rel81in810 viuhUionl of zoning. buildin~ lufely, or nre ordinances which remain uncorrected unless olherwise specified herein.
(8) Any nOlice ufimprovemenLs or assessments received on or before Ihe dale of Seller'. acceplance oflhls Agreement. unless Imp,rovemenls consisl of
sewcr ~r water Unes nol in use, shall be Ihe responsibility of Ihe Seller, any notices received Ihereuner sholl be the responslbilily of Ihe Ouyer.
(C) If requl.red by law, S~lIer shall deli\'er 10 Buyer. on or before seUlemenl. a certificUlion from Ihe appropriale municipal department or deparlments
disclosmg notice of any uncorrccled violallon of zoning. building, la(ety. or fire ordinanr.es. . .'
10. T1TLE.ANDCOlITS . ,"" /" '.' ..... . '.. ". '.
(A) flIe premlseJ are 10 be convc)ed free and clear of all liens, encumbranceJ. and casements. Wllh the exception of exisling 1;Juilding ~lriclionA,
ordinances, easemenls of roads, casement! visible upon Ihe ground. and privileges or rights of public service companies. The lille 10 Ihe .ubje:cl
emptrly shall be good and markcluble andluch as will be hl5urahle by a reputable Title Insufance Company althe regular rales. '
(D) n Ihee\'enl the Seller is unable logive u good ond marketahle Ii lie ond such as will be insurable by a rcpulllhlcTille Insurance Corn puny. Ouyershull
either take such 1IIIe aSlhe Seller can give without abatemenl of price or be repaid all monies thai O~~er has paid 10Sclleron DCcounloflhe r,urchusc
price Including reimbunemenl for Ihc Ueml .pecified in puragraphs IO(C) ilems (I). (2).m. and 10(0). In Ihe IBnerevenl neUhcr parly. lull huve
furl her lI.abilily or obligalion. and tbis Agreemenl ,hall becomc NULL AND VOID and "II cupiel ~III be rdurned 10 Seller', Agcnl fur
cancellallon.. . ..... .
(C) Tbe Duyer will PlY rOrlhdollowing:, ... .' .'. .
(I) The prcmium for mechanics lien Insurance and/or litle search, or fee for cancellation of same: .
(2) The premiunls for noOO insurance and/or fire insurance with eXlended co\'erage, Insuronce binder charsCl or cancellallon feCi
(3) Appmisal fees Ind chllJlel paid in advance 10 mortgage lender; . . ."
(4) Buyer's nonnal senlement costs and accruals.
. (D) Any ,urvey or lurveys required by Ihe TiUelnsuranct Company or Ihe Bb.lracllng anorney for Ibe preplmllon of Bn Idequale leg.1 de.cripllon oflhe
premises. or the corrccllon Ihereof, ,hall be secured Bnd paid for by Ihe Seller. Any survey nr lurveys desired by Ihe Duycr or required by his/hcr
. morlgagelender ,hDII be ..cured Ind puid for by Ihe Buyer. ,." " .
11. DEPOSIT AND RECOVERY FUND ... ,'" ., . " .. .. ..... .
(A) Deposits, regardl.., oflhe fonn orpayment Bnd'lhe penon deslgn.led.. payee, .h.1I tic p.ld to Agenl fnr Ihe Seller who .hall retain Ihem in an
elcrow aecounl unlll conlumm.Uon or lennlnation orabls Agreement In confonnily wltb sllapplicable I.... Bnd resulallons. Duyer and Seller
. agree Ihat. in Ihe evenllhe Agentand/or Subagent are/is joined in lillgation (or Ihe return of depoSit monies;the Agenl's anu/or Subagent's aUorneys
'" " '. fe.. snd costs will be paid by lhe p.rIy joining tbe Agenl or SubagenL . ". .;":.. '. . . .....
., (D) ~~~.t for the Seller may, at h~er sole op:li.on. hold .Bny u!lcashed chcc~.tender~~ as deposit or hand monics, ~nding the acceptance of this
(C) l\ Real Esl.llte Rcc\J\lef1 Funll eAI~lA lv reimburse any penon who has obtained 8 final civil judgmenl 8gainst a Pennsylvania real estale licensee
owing 10 fraud. misreprelentalion. or deed I In a real estale lransaclion and who has been unable 10 collect Ihejudgment afier exhausting alllccul
and equUlble remedlel. For complele dClails Bboullhe Fund, call (717) 7g3.36SS.. " , ..
11.l\IAINTENANCEANDRISKOFLOSS " , . ,:,,:", Ii", :'" ".
. (A) Seller shall maintain the propeny. and any penonal property .peeified herein, in ils present condilion normal wear and leaf excepted.
(0) Seller sblll promplly nollfy Ihe Buyer If. Bl Bny lime prior 10 Ihe lime of .enlemen~ all or any porllun ollbe properly I, condcmned, dcSlroycd, 0'
.'; . damaged as.a resullofunycause.whklsocver; .. .... t... ".,.. .' .. .. .
." '.". (e) Seller shall bear risk or loss from fire orotherc,ules unlillfmc ofleulemenL _ In 1he evenllhat damage Co Dny property included in 1hlJ sule Is nut
repaired or replllced prior to selllement. Buyer Ihall have Ihe oplion of resc:indingthls Agreement uml rL"Cci\'ing all monies pull! on aecuunl or (If
. . . ucceptinglhe propeny in iLl Ihen condition logelherwilh thel'roc<<ds of any insurance recovery ubtainable by Seller~ Duyeris hereby nUlilicd Ihul
" ;.. ,.' he/she ",ay lnlure his/her equllllble lnleresl in Ihl,.properlY as oflh~ IImolhls Agrecmenlls acccpled... .... .. "": .' . .
13. DEFA UI.T.llME OFTIfE ESSENCE: The time for,clllemenl Bnd BII olher IImel refenod 10 for Iheperformance prlny oflhe obll~atlon' oflbil Agrecmenl
.re hereb).' agreed 10 be oflbe eSlence. Should Ihe Duyer, ... .' . .:.... . .' . .
:(~,!I (A) Ftllllomakeany.addllionalpaymenllllsspecifiedmparagnph.3ior '.' ....... ~l... ....,. .. '.. ,'fI' . ,
. (0) Furnish falle or Incomplele infonnallon 10 Ibe Seller, the Seller s Agen~or Ihe morlglge lender concerning Ihe Duyer', leg.1 or financlal,lalul. or fuol
to cooperate in 1he processing of Ihe mongage loan oppllcalion. which acts would rcs~lt in Ihe failure to obloin Ihe approval of u murtgagc loan
.~ .comnutrnenl:or. .'. I.. .; i.;""; .,.. ,. ' .'. I',.. '.. '. .
(C . Die or OlIIU!nv olber I~nns 9Uowl.i1lllnl.Q(Jhl, Allreeffirot-. . .' . .. .'
Ihen n c ase~. 5 \~ndotherlumspaidb)'lheDuyeronaccoUiifOl"iJi'C"P.lnchEl.ep'rice."whelherreqUi~edb 1hisAareemenl.ornot.muy.he
. reoune y diu:.... (I On accuunlon1fc~iJn:h"e;l)rc(2Jl\in"onl"'liib. opplii:i11iilheSellel'ldamDgtr,or- lIquidal.uoliiiil.g.'f~r.lu.h
'orcachus Ihe5ellermayelecL In Ihe evenllhallhe SellerelcclJ 10 relain the monies os liquidated dumages:lheSellersha I be relcRsed from allliublhue5 or
.. obligDlion, and Ihls Agreemenl ,ball be NULL AND VOID Bnd .11 copies will be relurned 10 Ibe Scller I Agcnl for cancellallon.
14. AGENT(S): It Is expreSlly undenlood Ind Igreed between Ihe 1'" riles Ihallhe nlmed Agenl, Droker, and any Sub~gen~ Droker Ind Ihclr sule~pcop.tc.
emplo~ees, officers and/or panners. arc Agenl(s) for lhe Seller notlhe Ouyer, however. the Agenl(s) may perform servu:cs for the Buyer in cunnecllul1 wllh
finanCing. insurance and documenl preparation. " ,. . . ,
. .15. RECORDING, This Agreem.';I',hBII nOI berccordcd In ilieomce oflhe Rccorde;ofOcedsor In Bnyolheromceorplace'ofpubllc recurd. If Duycrcuu...
. or permits this Agreemcnllo be recorded, Seller may elecllo Ireal such acl Bs'a breach of 1hls Agreement. '. .,..
16. ASSIGNMENT: This Agreemenlshull be binding upon Ihe parlie.. their respecti\'c heirs, penonal represenlalives, guardians and SU<<CSIO!'. and. to Ihe
exlenl ossignable, on the assi,ns of Ihe panics hereto., .11 is expressly understood. however, thut the Buyer shall nollransfer or assign IhlS Agrccmcnl
without Ihe written consenl 0 Ihe Seller. ..
17. REPRESENTATIONS:lIl, undenlaod Ihl' Buyer has Inspected Ibe properly, or hereby ,,"heslhe rlKhtlo do 10, Ind hIS IKreed 10 purchl" II II . ,c,ull uf
such Inspullon and not because or or In rrliance upon an)' "prrsenlallon madr by Ihe Selleror any olher uffieer. parlnrr, or rmp,Io.yer or Selin. ur by ~~e ^a:enl IIr
Sub.genl Ir anr orthe Sellrr Ihtlr IIlts~ple and employees, ornerrs andlor parlntn. The Uuyer has ugrcoo tn purchu~e IImll' luescnl cumllllun ulllc!\.s
ulherwis~ spcclned herein. 'II is fUrlher umlerstooc.llhatlhis agreemenl conlains the whole agrcrm~nl hetwcen th~ Seller and Ihe Buyer nn~ Ihere:: ure 1It1
other lenns. ohligalions, co\'enants, repre5enUlliol1s, slutcmenls, or condi!lons, orlll t!r 01~~rwI5e, of any kind Vwh.UlstlC\.cr cuncerllll1C tillS !lIille:.
FUrlhem1Ure,lhis agreemenl shull nol be allered, amended, changed or modified exceptIO writing excculetl by the parllcs.
:;~::s~e.b'...~,........................ ..R .l~
WITNESS. . . .... . ... . ..... ... . . .. ., ..... . . ...........,., ..... .. ., BUYER,. '. A
VOI.UNTARY TRANSFER OF CORPORATE ASSETS: The undersigned acknuwled c. Ibal he/she . BUlhorized by the Duard of Dircclon III .igll Ibis
Agreemenl on hehalrorlhe SclIercorporalion arid Ihallhis solcdocs nol constitule a sale. lease. or exchange of~1I ~rsubslontial1y all the properly and IIS!lCls or
Ihe curporation, such as would require Ihe aulhorizalion or consenl oflhe shareholders punuanllo IS It.5. Section 1311.
SEIl.ER'S ACCEPTANCE: Seller hereby IcceplS Ihe .bove conlrlcllhis......................... d.y of ......................... A.D. 19.... .,..
W1lNESS.................... .............................
WllNESS................................................... .
AGENT IIY: ......... ... . ..... . ... . . . ... ..... ................ .... .
SELI.ER
SI;I.I.E1t
.........................................."............
.........................................................
. ~
f,..
( \
@Ig;~~
I r
ADDENDUM TO SALES AGREEMENT
In relerence to Agreement 01 Sale between
FA I i.I.JIf YS I'Ilo/)lJCr:r IIJ C
.
SIO ..s. 13()~o.JT /--fILL
lJOi...HfES
AJ.J'
08'6 "13
the Purchaaer, and
H UCI/ II.) r:,
f!lJ
I
C2HtJ
AIoJD
~ ,.." N CHu,.J eN LI
Cll~U5Le. PI! no, 3
"
,~ l~
ACH
The Seller, Dated
~ ..JU#J!:
, covering Ihe real properly commonly known as
Ihe undersigned Purchaser and Seller hereby agree 10 Ihe following:
<-I. 0'"
/!)R..
BE.'Fottt. 8 .JlJl.""
I
" 00
OF 2J:l,OOO. TO
I'tCfO, lnu'l'E.e. SHI'ILL.. PoST A (;000
Bt HEtb lLJlTH Com In 01) t'1' 1',7 I tAL '~!7
~A,rH
DE PaS. T
~ t-Ie
I()s. CCJ.
.
SlJtLll'cT "Tn THE Due .DrutSf1JCE
PU.loD e.U'r'Et' SHI" I HAilE II flfll/oO OF FI\Jf /-{Or.JTH'!. TO GE.l "'lL. I'1PPIUJ,),fu
I
tJfC......J:AI{'r',. LtJC.AL ,s,I1TE. PEloJrJOoT F:TC. Foil S,n: P,II,.} APPI..oI//4L-
P(~HI~ ,.
.....,0 Tn f't"lr.JSTRl.1cT' A MoTIL /HOTEc... rrJ A,.rt'~RD'II..JCf t.JfTH -r1t€1te... PU'foJ..r
I
p'IoJO .sP-cCIF'ICI'ITIO/IJS .IF IOvVER .s w.Ji16LE. TO oBlA,foJ FIIoJAL AP-
PIUJI.1/11_S IJtJD P>:~fTS Bl.l'l'U: lot F"'T'TL€.D "TO Tlt~ 07lJ~,J of" TNEI~ ID,,-~S'-T
,
'.IITH rJ[ ITHE ( PIIRTY HAVI/lJG f/IJ'! OBLI'..no"'! ON "'THE. PI1e.T of OT....ee.
tiLL Pl..I1,.JS i 1:1JG,#JfFtf:.,AJ6 I.Jlc..L. /3laJ1-l.E. PIlAPUIY Or
::r:..J Tft.S
S ELc...t: t
(,A<;E
I
7'0 ~E
AS HE S((.r
FIT.
, F AJEaSSflA. Y
llO
4.C!lOO. R:ut.
,
S. SUc...FR. WILL f0211t.JT PtJ~CHASFIf Foc)/(. ('1-) ()/oJE.. (I) I-{()IoJT/" }:'x'T~A.JSIOIJ-I
70 C',,~pu:n IfPPhJ'JAc.../PE~/-1177't.J(; P.eOCF~ AT If P..e'CF or
I
$'AC.N t-fOAJ71'I $xTF,JIJE/J. flwY /--foI..lIES Pllln TO SEUJ R A.lltL B F
/iPPu C"dL~ TO SI'II.FS P/?ICE. I AUT IU..f t-b,j IlE F()A.J'M~U
,-. SEUE.2 ~ /?1'r' CE/..JTI!JfL STAn ,e~ALr';' J'\ "'fl.oaIUI~F CtJHMtSJtO..J 1/oJ
7H'i /lH(Jc)Io..JI of 1:./(;".,.,(B) ~ACu...J7 of c;.t.oS's S/lc.gs "'.eKE fI"" S~TTLlI-fFAJI.
l, ~fLLt,e. '\to I'JlJ'rllll AG:ItE~ 771Ar .rJll.~S' P~JrF 1."1...1 AF p,i,n IN rJlSM I1Trl,.,s,IoJ6.
The herein agreemenl, upon II. execution by bolh parties, la herewllh made an Inlegral pari ollhe alorementloned
Agreemenl 01 Sale.
Daled: l:. ...JIJloJf lC,qD
~r:'~'J~~.
X ~i _ /. . ~fifl;Chaeer
Witness C.~-~'-:i Agenl
Daled:
Seller
Seller
Wllness _____
Agenl
16:53 Fl<0M O_TlC REGICtl 1 CU'lIMS
TO
517177613015 P.05
?-4-
-'.
......
,II
It !;I...'
'!III.
DEVELOPMENT EAST
June 21, 1990
Hr. Frank J. Ruck, Jr.
Commonwealth Land.Title Insurance Co.
18 West Hilltop Road
Philadelphfa, Pennsylvania 19118
Re: Fairway Products Inc./Chu Property
Middlesex TownshiD_ Cumberland CQ~tv. PA
Dea.r Mr. Ruck:
Per Larry Morman's instructions, I am forwarding to you a copy of
the agreement of sale. addendums theret~, and deposit check in the
amount of $20,000.00 re the above property. Please start a file for
same. Thank. you.
Very truly yours,
DE ASSOCIATES, INC.
tJdtr~
';ett!Closta
bc/2730B
Enclosures
EXHIBIT
a sign that business Is good
5'0 South Bumt Mill R~, . '1oor"flIS, NJ Ceo43 . (60!l)428-1832
T.....<'~.., N~ (!~91'-18.1025
BOARD OF Ell., ~;TC. ". I'I\1LAIlELI'I\1A n;n., ~:TC.
cu. It. r.,Cm...l1h.. 311 A.2d 1113
I'a, 1277
I
I
I
I
I
(11 The appellee has moved lhat we
lransfer lhe appeal 10 lhe Superior Courl or
lhat we quash il. It lUserts as lhe ground
for lransfer lhatthe dispute here grows oul
of an Bgreement between the parties-the
stipulalion upon which the court order of
April 19, 19;2 ending the first lawsuit waS
blUed. We disagree. The instant litigation
is not founded on an agreement; il ema-
nales from the events occurring after April
19, 1972 which the union sa)'s render an)'
school board resolution concerning residen-
cy requirements, including the modification
of April 1972, unenforceBble. Since this
lawsuite.,entially involves the enforceabili-
ty of the school board's resolulion of Janu-
ary 24. 1972, as modified by the order of
April 19, 1972, it is a matter c1earl)' commit-
ted to this court in its appellate jurisdiction.
42 Pa.C.S. ~ 762(a)(~)(iXB).
(2] The union's motion to qUlUh again
has reference to lhe April 19, 1972 order.
It points to the concluding paragraph of the
order referring dispules as to the applica-
tion, meaning or interpretation of lhe stipu-
lation and order to Judge Hirsh and declar-
ing that the judge's decision should be final
and binding on the parties. The union con-
tends thBtthis commits all mallers concern-
ing the resolution. as modified, to common
law arbilration, under the principles of
which no appeal from the arbilralor can be
had except on the basis of the denial of fair
hearing or upon allegations of fraud, mis-
conduct or other corrupt activily on the
part of the arbitralor. There arc two short
answers to this conlenlion. The first is
that Section 16 of the Act of April 25, 1927,
P.L. 381, as amended, 5 1'.5. ~ 176 provides
that that Act shall appl)' to all written
conlracts to which the Commonwealth or
an)' of its agencies or subdivision, is a l'arty
and shall be arbilrnted un,ler lhe lerms of
lhat Acl. Cnder the Act of 1927 issues of
law and fact are reviewable, Therefore.
even if the queslion raised in the instant
litigation had been submitted to arbitration
lhe decision of the nrbilralor would be re-
,'iewable. The second short nnswer 10 the
motion to 'IUlUh is that the courl helow WILS
nol lUke.l in the instnntlitignlion to settle n
tthil'ut~ ag to the :\ppHculion. meaning or
I
I
I
.
I
r" ~.; )..0; ,..*" :J-J-
inlerprelation of lhe order of AI>rilI9, 1972.
e':lered in lhe firsl lnwsuit or of any rcsolu-
lion rclcrre,llo in lhat order; rather it Wl\S
asked 10 enjoin, as 10 school districl emplo)"
ees hircd after February 1. 1972 and before
~Ia)' 12, 1976. the enforcemcnt of Bny rno-
lulion requiring residcnce in tho district.
Furthermore, if the union. as it now says,
was merely seeking arbitralion under the
April 19, 1972 order, it seems strange lhat it
commenced a new lawsuil rather than
merely submitting the matler for arbitra-
tion b)' an application entered in the first
suit.
We dismiss the union's molions to trans.
fer or quash the appeal.
[3,~] We now come to the merits of the
school board's appeal. The board first
makes an extended argument to the point
lhat laches and equilable estoppel are ex.
clusivel)' defenscs to actions in equity and
lhal neither can creale a cause of action.
Its Buthorit). for this proposition is lhe fol-
lowing senlence appearing in the ense of
Pittsburgh ,'. Commercial Casually Insur-
ance Co., 106 Pa.Super. 25-\, 259, 161 A. 630,
631 (1932): "(A]n estoppel does not create a
cau,c of action, and plaintiff must first
show thaI it has a right to bring this suit."
The case in question began as an action in
assumpsit against a corporate surety by a
materialman on a bond g),'en by a contrac-
tor and lhe surety 10 the Cit). of Pittsburgh.
The materialman WlU not named as an obli-
gee of the bond and for this reason lhe
Superior Court held lhat he could not reco"-
er on the bond. The plaintiff contended,
however, thatlhe surety should be estopped
from den);ng Iiabi\i\.y on the bond because
of certain slatutory references in the bond
nnd because of the surely's acceptance of a
special premium from lhe cily. 11 was in
answer to this argument based on e.toppel
lhat the opinion writer employed the quol-
ed sentence. The opinion wriler was saying
that one suing on a bond must first show
that he had a right to sue on the bond by its
terms, a circumstance not there prescnt.
The inslant case is quite differenl. Here
the te.chers hy lheir union asserl as their
.It~;'
,eI..
'171-'
\- .
~ ;
'-..
Cl'RRA:\ ", EDERIIARTER
(,11~ at !21 A.Jd <lj" Ir..Suplff. (917)
ers consent to transfer of escrowed stock
upon reissuance of shares. The Court of
Common Pleas. Delaware Count)'. Ch'i1 Di,
..ision, No. 80-13;24 granted escrow agents
motion for judgment n,o, ",. and appeal was
taken, The Superior Court, Nos, 01086 and
01112. Philadelphia 1986, Olszewski. J..
held that: (I) escrow agreement did not
impose dut~, on escrow agent to obtain
sellers consent to transfer of shares upon
reissuance, and (2) escrow agent was not
estopped to assert that he had no such
dut)'.
Affirmed.
I. Deposits and Eserows C:>13
Escrow agent is bound to follow terms
of escrow agreement and powers of escrow
agent are limited to those enumerated in
the agreement.
2. Deposits and Eserows C:>15
Escrow agreement which pro,'ided that
an~' additional shares of stock of corpora-
tion or reissuance of shares of corporation
should be deli,"ered to the escrow agent
who was holding the original shares and
should be held b~' him subject to the terms
of the escrow agreement did not require
escrow agent to notify seller of corporation
and obtain his approl'al before transferring
escrowed stock.
3. Estoppel ol:=52())
Doctrine of equitable estoppel is one of
fairness and pre"ents part)' from taking
position that is inconsistent with position
pre"iousl~' taken and thus disad"antageous
to the other part)..
4. Estoppel ol:=S3())
Escrow agent's statement to seller of
corporation that amendment to escrow
agreement dealing with issuance of addi,
tional shares of stock or reissuance of
stock had no effect on the escrow agree-
ment did not estop escrow agent from later
asserting that the amendment did not im-
I. Panac:clon also brought SUil against Yerger.
That aelion is not ~rorc this Coun.
2. A cause Cl( aelion (or legal malpractice was
brou~hl againsl Suadle)'. Afler Ihe jury reo
turned a \'crdicl in favor of Panaccion. the cou"
Pa, 475
pose an~' dut~" on him to obtain seller's
consent to transfer of shares upon reis-
suance of stock.
Garland 0, Cher,,', Sr., ~Iedia. for appel,
lant in No. 1086 Bnd for appellee in No.
1112,
Edward C. ~Iengel, Jr.. Philadelphia, for
appellant in )0;0. 1112 and for appellee in
No. IOS6.
Before \\'IEAXD, OLSZEWSKI and
CERCONE, JJ.
OLSZEWSKI. Judge:
This is a cross appeal from the grant of
defendant Herman P. Eberharter's ("Eber-
harter") motion for judgment n,o,,', Find-
ing no error in the trial court's ruling, we
affirm the judgment.
Background
Upon re,'iew of the grant of a motion for
judgment n.o.I'., all of the el'idence, and all
reasonable inferences therefrom, must be
,'iewed in a light most fal'orable to the
I'erdict winner. Sorthu'est Sal'ings Assoc,
I', Distler, 354 Pa.Super, 18;. 511 A.2d 824
(1986). Using this star.dard. the el-idence
adduced at trial can be summarized as fol-
lows.
The cause of action against Eberharter
for breach of an escrow agreement dales
from Janua,,' of 19;4. when Panaccion en-
tered into an agreement for the sale of his
lumber business \\;th Herman F. Yerger
("Yerger"), a nonpart). in the present suit.'
A new corporation, Clifco Millwork and
Lumber Co. ("Clifco"), was formed ana des-
ignated in the sales agreement as the actu-
al bu~'er. ACter Panaccion signed the
agreement of sale. he met \\;th an attorne)'
from the law firm of Stradle~', Ronon. Ste-
..ens & Young ("Stradley"),: The attorne)'
ad,'ised Panacdon that the terms of the
agreement of sale were not in Panaccion's
best interests. In an effort to impro..e
granted a panial judgment n.o.\', In Slradlefs
Inor and reduced the a,,'ard or damascs. The
cross appe31 of Panaccion and Stradlc)' is ad.
dreued in a separ3le opinion b)' Ihis Coun,
,. !
Ct:RRAS ,'. EBERHARTER Pa.
CU..,SZI Ud474 (P..super. 1'17)
the continued emplo)'ment of an)' such agent or emplo)'ee; nor shall he be otherv.;se
answerable or accountable in an)' c:in:umstancel ~'ha15oe\'er except (or the safekeep-
ing or the .ertiri.ates deposited hereunder and ror gross negligen.e or b.d raith.
He mB)' consult with counsel relating to his duties or responsibilities hereunder and
,han not be liable ror an)' a.t taken. .urrered or omitted by him in good 'aith on
ad\'ic:e of such counsel.
S, Thl, Es<row Agreement mal' be ..ecuted In .e'eral counterparta. each or whieh
shan be deemed an original.
IS \\'ITSESS WHEREOF. the parties have signed or caused this Escrow Agre..
ment to be si,"f:d as of the dB)' and ~'e:Lr nrst written.
I
1
I
,
I
I
! -
Attest:
Wltne..:
l.
477
CLIFCO MILLWORK &: LnIBER. ISC.
Bu)'er
B,':
Herman F. Yerger
President
Victor S. Panaccian. Sener
Herman F, Yerger. Shareholder
EdWBrd D, Sulli,'an. Shareholder
Herman P. Eberharter. Escrow Agent
Panaccion executed the agreement and
returned it to Eberhart. ThereafU!r, the
attorney for Clifco proposed to amend
paragraph 5 of the escrow agreement to
pro\ide as follows:
5. It is express I)' agreed that IC addi,
tional shares of stock of Buyer are is,
sued during the term oC this Escrow
Agreement, or if during the term of this
Escrow Agreement an)' or all of the
shares of stock oC Buyer initially issued
are re-Issued, either in the same or in
va'Jing amounts to the original stock-
holders or to others, \lith or without
consideration, or whether b)' wa)' of re-
eapitali..tion, stock dhidend. merger or
reorgani..tion oC an)' kind. such addition.
al or substituted shares, as the case mal'
be, shall be delivered to the Escrow
Agent, to be held by him subject to the
terms oC this Escrow Agreement
In a letter to Panaccion dated March IS,
1974, Eberharter stated that both he and
another Stradle)' attorney believed the
amendment had "no legal effect whatsoev-
er" and was proposed b)' the buyer "to
satisC)' Mr. Yerger's whim," (R. 272a).
Panaccion signed the amendment and re-
turned it to Eberharter.
Pursuant to the terms of the agreement,
all of the issued and outstanding shares of
Clifco stock would be held in escrow.
There were 1,000 issued and outstanding
shares of CIiCeo, 800 shares in the name oC
Yerger. which was represented b)' certifi.
eate No. I, and 200 shares in the name of
,.,
~1
I'
;1
.'
~~-~9-1994 16:53 ~OM C~TIC REGION 1 C~IMS
II \\al JliJ~ IlOId .. ,
1IIl/addJlll1.. 'A IPJ
21$.247,/101/2
TO
517177613015
P.06
-....
11
Commonwealth
Land Title Insurance Company
PagwIt 9, 1990
RE: QIu Property
HU!dl.esex 'l'O\oln5frlp
o.mberlcux1 O:l., Perm.
CENI'RAL STATES ~, :m:.
15 State A~ S1ite 103
Carlisle, Penna. 17013
M"l'N: ~ Jolliff
Dear Mr. JOlliff,
'It:is ...'ill (X)nf!m that ~ ha~ reoeivad II check in the aDCU.nt: of
$20,000.00 from Fairway Procl1cts, Inc. ~sent:in;r a deposit on the atove c:aptiDnec1
prope:t:~y .
EXHIBIT
.
.. Reliance
. "1I..II,ftt.c.;n..,lie;a.":~COf""''t)
IOIS/o?
~-l<la-1994 16153 FJ;OI1 C,-TlC REGret! 1 C~All1S
TO
~171~7613015 P.DS
-',
""
,
\j2b
"1
a '!\...,
II' Ii
:111
DEVELOPMENT EAST
"une 21, 1990
Mr. Frank ". Ruck, "r.
COmmonwealth Land,Tltl. Insurance Co.
18 Hest Hilltop Road
Philadelphfa, Pennsylvania 19118
Re: Fairway Products Inc./Chu Property
Mlddl!!!~ Town!hlD_ Cumborland ~oqntv, PA
Our Mr. Ruck:
Per Larry Morman's Instructions, I am forwardIng to you a copy of
the agrtement of salt, addendums ther.t~, and deposit check In the
amount of $20,000.00 re the above property. Ple.se start a file for
same. Thank you.
Very truly yours,
DE ASSOCIATES, INC.
/!;dJ;;-~
';ett!Closta
bc/27308
Enclosures
EXHIBIT
a sign that business Is good
5'0 Sculh 8uml Mi'l R~, . '/oor....... IlJ C8043 . (609)428-1832
T.lr.e",.' ~In (eQ9\~'8"()25
~-Qa-1994 16'53 FiOOM Cl.71C RECiICtj 1 C~II'S
--
.
TO
517177613015
P.D?
""
\p-5
JOHN H, 8ROUJOS
HlIlI!llT X. CILROY'
CHlUSTOPHl1\. c. HOUSTON
SR.Ot:JOS. GiLR.OY 8 HOl.:STOK P. C.
ATTORNEYS AT V\W
.c NOil.TH HANOVEIl snuET
CAlWSl.E. PENNS':'1.VANrA 11013
717. ao '474
NON.TOLI. '010. HAAlUnUkC: M,^'
,.,. 70. '1.90
-
'NCr "'-~.U27
December 14, 1990
ClftIP%ID MAIx.
JlHUJUr RECtIPT REQOES!rJ!:D
Mr. Frank J. Ruck
Branch Manager .
Commonwealth Land Title
Insuranae Company
18 West Hilltop Road
Philadelphia, PA 19118
RE: Chu ~o Pai~ay Products, Inc.
KiddIesex ~owuship, Cumberland County, Pencsy1vaaia
Dear Mr. Ruck:
Please be advised that this office represents Mr. and Mrs. Chu who
are the owners of those certain premises located in Middlesex
~own8hip, Cumberland County, Pennsylvania, which are under and
subject to & certain Agreement of Sale dated June 6, 1990, entered
into with Fairway Products, Inc.
It is our understanding that your office is retaining in escrow
the Bum of $20,000 which represents the deposit for the purchase
of the above-referenced premises. This is to advise you that
these funds are not to be released pending receipt by you from the
sellers of a writtsn authorization for the rel.ase of the.. funds.
Icb
ce: Central States Realty, Inc.
Barry Snyder
Fairway Products, Inc.
Mr. and Mta. Chu
EXHIBIT
..-..l ..~" .
007183.00003/September 21. 1994/CRW/SLR/38290
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 94-0204 CIVIL TERM
MU CHING CHU and CHIN CHUN CHU,
v.
CIVIL ACTION - LAW
FAIRWAY PRODUCTS. INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY.
JURY TRIAL DEMANDED
Defendants
NOTICE TO PLEAD
TO: Fairway Products. Inc.
c/o Daniel Morman. Esquire
1701 Locust Street
Suite 1110
Philadelphia. PA 19103
AND NOW. this ~ay of September. 1994. you are hereby notified to plead responsively
within twenty (20) days of the date of service hereof. or judgment may be entered against you,
JOHNSON. DUFFIE. EWART & WEIDNER
"
--.
By:
~ :==-
C. Roy W dner. Jr.
1.0. No. 19530
301 Market Street
Post Office Box 109
Lemoyne. Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant Commonwealth
Land Title Insurance Company
~..... ._.
007183-00003/September 21, 1994/CRW'SLR/38290
MU CHING CHU and CHIN CHUN CHU,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 94-0204 CIVIL TERM
v.
CIVIL ACTION - LAW
FAIRWAY PRODUCTS, INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY,
JURY TRIAL DEMANDED
Defendants
ANSWER OF COMMONWEALTH LAND TITLE INSURANCE COMPANY
TO PLAINTIFFS' COMPLAINT
AND NOW. this.,7fi l day of September. 1994, comes Defendant Commonwealth Land Title
Insurance Company, through its undersigned attorneys, and answers Plaintiffs' complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied In Part. Admitted In Part.
On the contrary. it was a "good faith deposit."
complaint are admitted.
It is denied that the $20,000.00 was "eernest money."
The remaining averments of this paragraph of Plaintiffs'
6. Admitted In Part. Denied In Part. It is admitted that the letter comprising Exhibit B to
Plaintiffs' complaint WIIS sent by Mr. Ruck. The remaining averments of this paragraph of Plaintiffs'
complaint are specifically denied. By way of further specific denial. that any representations were made
other than those set forth in the letter comprising Exhibit B is denied.
l~
007183.00003/September 21, 1994/CRW/SLR/38290
7. Denied In Part. Adml"ed In Part. Any agreement between the two Defendants thet the
check would not be deposited. but simply held. is specifically denied, The remaining averments of this
paragraph of Plaintiffs' complaint are admitted,
8, Denied. After a reesonable Investigetion. answering Defendant Is without knowledge or
information sufficient to form a belief as to the truth of this averment.
9. Denied. After a reasonable Investigation. answering Defendant Is without knowledge or
information sufficient to form a belief as to the truth of this averment.
10. Adml"ed In Part. Denied In Part, That the letter comprising Exhibit C to Plaintiffs'
complaint was sent is admitted. The remaining averments of this paragraph of Plaintiffs' complaint are
denied In that. after a reasonable investigation. answering Defendant is without knowledge or information
sufficient to form a belief as to the truth thereof.
11. Denied. After a reasonable investigation. answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of this averment.
12, Denied. Answering Defendant was requested to provide Plaintiffs with a statement of
position concerning the deposit.
Count I
Plaintiffs v. Defendant Falrwav Products. Inc.
13, Adml"ed In Part. Denied In Part. Paragraphs 1 through 12 hereof are incorporated by
reference herein.
14. Denied. Paragraph 14 of Defendant Fairway Products, Inc,'s answer to this paragraph of
Plaintiffs' complaint is incorporated by reference herein. By way of further specific denial, paragraph 5
hereof it incorporated by reference herein.
007183,00003/Seplember 21. 1994/CRW/SLR/38290
16, Denied. Any such conspiracy on the part of Defendents is specifically denied. By way of
further specific denial. at no time did answering Defendent. alone or in conjunction with others. act or
omit to act in e manner Intended to or which reesonably justified any such impression on the part of
Plaintiffs.
16. Denied. This averment is deemed denied as a conclusion of law to which no responsive
pleading is required, Alternatively. after a reasonable investigation. answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of this averment,
Count II
Plaintiffs v. Commonwealth Land Title Insurance ComDanv
17. Admlttad In Part, Denied In Part. Paragraphs 1 through 16 hereof are incorporated by
reference herein.
18. Denied. Any such agreement on the part of answering Defendant is specifically deniad.
By way of further specific denial. at no time was answering Defendant a party to any agreement with
Plaintiffs. and paragraphs 5. 14 and 15 hereof are incorporated by reference herein.
19. Denied. That answering Defendant agreed to act as escrow agent or assumed any fiduciary
obligation is specifically denied. By way of further specific denial. paragraph 18 hereof is incorporated
by reference herein.
20. Denied. Any such conspiracy on the part of answering Defendant and Fairway Products.
Inc. is specifically denied. By way of further specific denial. paragraphs 1 5 and 18 hereof are incorporated
by reference herein.
21. Danled. Any implied contractual duty to Plaintiffs or fiduciary obligations to Plaintiffs are
specifically denied, By way of further specific denial. paragraphs 17 through 21 hereof are incorporated
by reference herein. By way of further denial. the averments of this paragraph of Plaintiffs' complaint are
conclusions of law to which no responsive pleading is required.
~
007183,000031September 21. 19941CRWISLRI38290
WHEREFORE. Defendent Commonweelth land Title Insurance Company demands that Plaintiffs'
complaint against it be dismissed.
NEW MATTER
Cross-claim
Commonweelth land Title Insurance ComDanv v. Falrwav Products. Inc.
22. Paragraphs 1 through 4 of Plaintiffs' complaint are incorporeted by reference herein,
23. By transmittal dated June 21. 1990. D.E. Associates. Inc. transmitted to Mr. Ruck of
Commonwealth land Title Insurance Company a copy of an agreement of sale, addenda thereto and a
deposit check in the amount of $20.000.00 drawn on the account of Defendant Fairway Products, Inc.
24. Said transmittal requested that Commonwealth Land Title Insurence Company "start a file
for" the metter.
25. A day or two later, Mr. Ruck of Commonwealth land Title Insurence Company was
telephonically instructed not to deposit the check. but to await further instructions.
26, In August of 1990. Mr. Ruck was asked to confirm receipt of the check to the Seller's real
estate agent end did so by his letter comprising Exhibit B to Plaintiffs' complaint.
27, Thereafter. Mr, Ruck was directed by Defendant Fairway Products. Inc. not to deposit the
check because it wes not going to proceed with the transection.
28. Answering Defendant has and continues to retain the original of Defendant Fairwey
Products, Inco's good faith deposit check.
29. In the event that Defendant Fairway Products. Inc. acted wrongfully as complained of in
Plaintiffs' complaint. which is denied. Defendant Fairway Products. Inc. is liable to answering Defendant
007183.o0003/September 21, 1994/CRW/SLR/38290
upon those fects. es well es those set forth in paragraphs 22 through 28 hereof, which are incorporated
by reference herein.
WHEREFORE. answering Defendant prays that Defendant Fairway Products. Inc. be found solely
liable to Plaintiffs: or that it be found liable for contribution; or that it be found liable over to answering
Defendant for indemnification: or that it be found liable to answering Defendant upon its separate causes
of ection set forth above.
JOHNSON, DUFFIE.fEWART & WEIDNER
By: 1!lu I; I}; - _ -, -
gOY ~dner. Jr. . y
I.D. No. 19530 C
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Defendant Commonwealth Land
Title Insurance Company
"
"
VERIFICATION
I, Beth L. Thomas, Assistant Counsel of Commonwealth Land
Title Insurance Company, verify that the statements made in the
foregoing document, which are within the personal knowledge of the
undersigned, are true and correct, and as to the facts based on the
information of others, the undersigned after diligent inquiry,
believes them to be true. And further, this verification is signed
on the recommendation of our attorneys, who advise me that the
allegations and language in this document are required legally to
raise issues for resolution at trial, by the Court, or by
continuing investigation and preparation for trial. I understand
that some of these allegations may prove inappropriate after
investigation and trial preparation are complete and I leave
determination of these matters to our attorneys on their advice.
I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn
falsification to authorities.
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
BY:
0f Y I !.- >iOX{{bJ...
Beth L. Thomas, Assistant Counsel
007183.00003/Seplember 21, 1994/CRW/SLR/38290
CERTIFICATE OF SERVICE
AND NOW. this.,,;6"-lday of Septembar, 1994, the undersigned does hereby certify that she did
this dete serve a copy of the foregoing enswer upon the other parties of record by causing same to be
deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as
follows:
James D, Flower, Esquire
Flower, Morgenthal, Flower & Lindsay
11 East High Street
Carlisle, PA 17013
Daniel Morman, Esquire
1701 Locust Street
Suite 1110
Philadelphie, PA 19103
JOHNSON, DUFFIE, STEWART & WEIDNER
By:dVu ell ':A Jt..lCLl I ~
Sharon L. uily a
,.
{"
-=r r't,
a"1 .r:.;
~
c._
:~
.or
CO")
c..,
;;;~.!
....
u..,
V'l
"
MU CHING CHU and CHIN CHUN COO . IN THE COURT OF COMMON PLEAS
.
PlaintiffS, . OF CUMBERLAND COUNTY,
.
PENNSYLVANIA
.
.
v. . NO. 204 CIVIL 1994
.
. CIVIL ACTION - LAW
.
.
.
FAIRWAY PRODUCTS, INC. and .
.
COMMONWEALTH LAND TITLE .
.
INSURANCE COMPANY .
.
Defendant. . JURY TRIAL DEMAND
.
NOTICE OF ARBITRATION HEARING ~
BOARD OF ARBITRATION
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators
appointed by the Court in the above captioned case will sit for
the purpose of their appointment in the above captioned action,
on Monday, December 11, 1995, at 9:30 a.m., in the Second Floor
Hearing Room of the Old Cumberland County Court House, Carlisle,
Pennsylvania.
BOARD OF ARBITRATION
!;'I~~~-------
Will am A. Duncan, Chairman
William Hanby, Esquire, Arbitrator
Daniel J. Sodus, Esquire, Arbitrator
November 22, 1995
cc:
James D. Flower, Jr., Esquire
Attorney for the Plaintiff
11 East High Street
Carlisle, PA 17013
C. Roy Weidner, Jr., Esquire
Attorney for the Defendant
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Daniel Morman, Esquire
Attorney for the Defendant
630 South American Street
Philadelphia, PA 19147
'-..,..~::.:.;: .
MU CHING CHU and CHIN CHON CHU
PlaintiffS,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 204 CIVIL 1994
CIVIL ACTION - LAW
FAIRWAY PRODUCTS, INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Defendant.
.
.
.
.
JURY TRIAL DEMAND
NOTICE OF ARBITRATION HEARING ~
BOARD OF ARBITRATION
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators
appointed by the Court in the above captioned case will sit for
the purpose of their appointment in the above captioned action,
on Monday, December 11, 1995, at 9:30 a.m., in the Second Floor
Hearing Room of the Old Cumberland county Court House, Carlisle,
Pennsylvania.
BOARD OF ARBITRATION
!/1Lr~~--- ---
Will am A. Duncan, Chairman
William Hanby, Esquire, Arbitrator
Daniel J. Sodus, Esquire, Arbitrator
November 22, 1995
cc:
James D. Flower, Jr., Esquire
Attorney for the Plaintiff
11 East High Street
Carlisle, PA 17013
C. Roy Weidner, Jr., Esquire
Attorney for the Defendant
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Daniel Morman, Esquire
Attorney for the Defendant
630 South American Street
Philadelphia, PA 19147
~~11.';:::'-'~
.
.
.
.
.
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MU CHING COO and CHIN CHUN COO
PlaintiffS,
.
.
v.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
NO. 204 CIVIL 1994
CIVIL ACTION - LAW
FAIRWAY PRODUCTS, INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Defendant.
: JURY TRIAL DEMAND
NOTICE OF ARBITRATION HEARING DX
BOARD OF ARBITRATION
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators
appointed by the Court in the above captioned case will sit for
the purpose of their appointment in the above captioned action,
on Monday, December 11, 1995, at 9:30 a.m., in the Second Floor
Hearing Room of the Old Cumberland County Court House, Carlisle,
Pennsylvania.
BOARD OF ARBITRATION
(,,~~~------
Will am A. Duncan, Chairman
William Hanby, Esquire, Arbitrator
Daniel J. Sodus, Esquire, Arbitrator
November 22, 1995
cc:
James D. Plower, Jr., Esquire
Attorney for the Plaintiff
11 East High Street
Carlisle, PA 17013
C. Roy Weidner, Jr., Esquire
Attorney for the Defendant
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Daniel Morman, Esquire
Attorney for the Defendant
630 South American Street
Philadelphia, PA 19147
MU CHING CHU and CHIN CHON CHU
PlaintiffS,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 204 CIVIL 1994
CIVIL ACTION - LAW
FAIRWAY PRODUCTS, INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Defendant.
.
.
.
.
.
.
.
.
: JURY TRIAL DEMAND
NOTICE OF ARBITRATION HEARING BX
BOARD OF ARBITRATION
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators
appointed by the Court in the above captioned case will sit for
the purpose of their appointment in the above captioned action,
on Monday, December 11, 1995, at 9:30 a.m., in the Second Floor
Hearing Room of the Old Cumberland County Court House, Carlisle,
Pennsylvania.
BOARD OF ARBITRATION
(;1Lr~~__-- ---
Will am A. Duncan, Chairman
William Hanby, Esquire, Arbitrator
Daniel J. Sodus, Esquire, Arbitrator
November 22, 1995
cc:
James D. Flower, Jr., Esquire
Attorney for the Plaintiff
11 East High Street
Carlisle, PA 17013
C. Roy Weidner, Jr., Esquire
Attorney for the Defendant
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Daniel Morman, Esquire
Attorney for the Defendant
630 South American Street
Philadelphia, PA 19147
:". . ,,~., .. .'.
..~"'~- ..
. "
. ..:. .,;:~.~ ~:>';:".~: :.!
'. ..,
......, .
:'.,~ .
'. .',' '.. .......:;".. ."
"' ..-
.
~. -.,
.~~ ~":'~: :;.
.... .,' ,-
;.'
.1t
.'~ ':
i";~::
:""'1 ,_
"*~~\;~~.i .. ." ... ~....
~C~..~~..~ '=:~ ':o:? .,............. .
::;$;~u;J~ .~~:.;~~~~SkL.~.~~:~~....~ ;
.......!.a.:.....
." .................. .
. ~.... " ..
1
)
'. '~'"
. .
.
"
\'.
: , "' \... ~:",
. ( , ; . ~ '
. . ;..',
. I.\ll!. 0",
t).
. ..'
.
;, .=
. ..; ~ ) ~
, .
" .
.
I,....'
. "
'. .
_.0,
,0 .
..:..
"
l:
2
.~._~:!'.:-:...
:~:~:~;~;'~;.~..: .~
".;'
~,"- .
'I',
9D~
1I1~"~('" L3--%\3')
It\'Z.'~ x*)\-\3~S\o)
(lO~
COvU .C'Lset
\ \3~ccL W-t \rm PI{ -:\r l, ~ \ - L-tSU,U")
~lfo0c lLP \ -~\~":))
"'1 \ I' V \ M. e.a..
a~V\ c;cctCLS, L 3 - q \ q 0 )~.--
l t 0.)(' (3 - CfCfY B ') ea.! \,~~
!3~~ ~J.- Ltl.P-Oa
~ ~ (:J\S-l J:) Ol1~)
o -. It-c~Y-
~]~( "'-
0" ~ ,tiLt \ -~ l-\ \ \ )
~;::: f~ Y- ~1 l-f /- 0." (,/ IJ )
.s::: I:!J(I
-j ~\}\'~
QfJ'
T
I
t
,
, .......-
~. .
.~,-
---1"-
..... .
(jJltI/Ultr> . HOt1h~
CC~Ltl ~ 1160
d If/-{o ~f/ . CI(
I
~'i7J::ur
q.t 3D ~
(L,Lbtl--ruhtn ~wj)
.
. .
r
I
I
". '-..-
Duncan & Otto, P.C.
Attorneys at law
One Irvine Row
Carlisle, Pennsylvnaia 17013
William A. Duncan
Susan J, Otto
(717) 249.7780
F~(717)249.7800
DATE:
TO:
FROM:
RE:
Number of Pages to follow this transmittal page: ____
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT
LEG~BLE, PLEASE TELEPHONE: (717) 249-7780
FAX: (717) 249-7800
.
.
CONFIDENTIALITY NOTICE
The information contained in and with this facsimile message is legally
privileged and confidential information intended only for the use of the
individual or entity named above. If the receiver of this message is not
the intended recipient, you are hereby notified that any dissemination or
distribution of copy of this telecopy is strictly prohibited. If you have
received this telecopy in error, please immediately notify us by telephone
and return the original message to us at the address above via the United
States Postal Service. Thank you.
~:..:' .-
"'..- "ll...;....
.......
,,,,,"
,1....-
....
..
,
, '.~n>.'.'.,~..~..__'.>,_.,,,.._
,'".,"'-"_.......".__k"",,..... <. .,' ~;.".._.~ .....
~.b~__._,....,."
.''''''_..~;--
~ -
-......"".....--......;>(' .,.,--.""",-- ,-...._"
*'
-""""-
-.'.
. .-..-
1'---- .-
" ","'1_';'
,,,,," c."_
I'
\ J;,U::'~4
"'-....::.:/
.-
, .
.- ...,---_.~---
i'
"
, .
,
,
:., ,
- ..... .,
~ -
COUNTY OF CUMBERLAND
OffIce of The Sheriff
1 Court Houae Square
CarlJale. Pennsylvanla 17013
~ -
.
"; I
\'
I:
~ ,.' t ,.,.. __~_......~ '.
I ,.... ..I_.___.~-,-,-_'_.
...J'_
. ~.~, ,: '.)
", .....
""'L'I(~irlr~~~t~r~dU t Mill Roal'}
Vorhees. Jersey 08043
r
REJUl'ii' ~:,i':(::':'
Rij,l ,\...\1...:""
t- _.,'r"~"'.''t.....Il'.''
.. .; .i,. !t r~ ';;
U:~tlf.;)~tl:
"-
'.
"
U'"'J,.,I,I""",,',,II,,',','
~.
.,""'...... .
'1-,
. ...- ..-...
~
'j
;1:,';"'-- ,~~. ("^~ ""t<
;.f.COmpIo" ~~...,.ncuoi a 10' __Mtvk:... . I 11.0 wl.h 'o;~~I~I:thl
;"1"': CoqIpto.. hOll)O 3, .nd .. · b, following' DrvIC."' Ifor. In. lXU:.'. '..\. ~".
i, ~:::::::.f~~~:::::.:: fnt OAddrl'D"'"'Addr~ i
:.J:~~"on""moI1pIocobolowlh"nldonumbor 2, 0 RI"~Cl.d [l.IIV.ry' 'J.,
Ii ,. - The RItLWn Rtcefpt will.how to whom the arUc:1e WI' dtUwtad and 1M dll'._ 8 .,...
'dtltveted. ,- - Consult atm..ter for f.e. c!-
:1 3. Artic'" Addr....d to: . :"'3~~CI.;;;be~44
:e . . a~r;~~t~r~~~~~s Mii~c Road 40b. S.rvlc. Tvp. 0 t
II Vorhees, New Jersey 08043 Rlgllt.r.d In.ured !!l.:'
HI C.rtifi.d 0 COO .Ii
o Expr..a Mill 0 RI'urn Rlc.lp, .for !'
7. Oat. of Dlllv.ry I ~ :
&;
)looi
a. Addr.....'. Addr..a COnly 'f r.qUI".dJ.i
Ind f.. I. plldl . ,
. ,
5. Slgnltur. lAddr...n'
. ....--',,,,.,,.
;. ..a.SI9nltur. lA~Jt'J!-.
'l;!lIl/It'I- , .- '. '!!!!!!!!!!!!!.il
'U:;~i~~T'~~ ;,Drf.m~r.Ja81'.
-t..ll'~ ',.iJ".';! t I rr" l" : ~ i,i.. ~
.",,'\
. '""'.,,,,,;, ,
t>U.L QPO; .........7..
. ;:-' '.; 1
.~ .'~.: I' --r---:-
DOMESTIC RETURN~EC~IPTf
-';>~,\"".""",,-f~~+-<
.1.;:""-';'
, ~'
$0'
t'
r"
\
#
_.--
Si~:;JJr:..~:7:~'
Mu Ching Chu and Chin Chun Chu
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 204 Civil Term 1994
Complaint in Civil Action Law
and Notice
-vs-
Fairway Products, Inc.
Commonwealth Land Title Insurance
Co.
R. Thomas Kline Sheriff, who being duly sworn according to law,
says he served the within Complaint in Civil Action Law and Notice,
in the above entitled action by mailing a certified letter return receipt
requested to the defendant on January 19, 1994 to their last known
address being 510 South Burnt Mill Road, Vorhees, New Jersey. The letter
was returned to the office of the sheriff on February 9, 1994 with
reason checked Non deliverable As Addressed Forwarding Order Expired.
The letter is hereto attached unopened.
R. Thomas Kline, Sheriff who being duly sworn according to law,
says he made diligent search and inquiry for the within named defendant
to wit: Commonwealth Land Title Insurance Co., but was unable to locate
them in his bailiwick. He therefore deputized the Sheriff of Philadelphia
County to serve the within Complaint in Civil Action Law and Notice
according to law.
PHILADLEPHIA COUNTY RETURN: Served and Made Known To Commonmwcalth
Land Title Co Defendant Company by handing a true and attested copy of the
within Complaint in Civil Action Law and Notice,issued in the above captioned
matter on 2-7-1994, at 9:45 p'clock A.M.E.S.T. at 18 West Hilltop Rd., in
Philadelphia, State of Pennsylvania to F Rush and Office of said defendant
company.
So answers: John D. Green Sheriff by William Wampler Deputy Sheriff
Philadelphia County return is hereto attached.
Sheriff's Costs:
Docketing
Surcharge
Out of County
Phila County
Cert Mail r/r
18.00
4.00
5.00
59.00
2.75
$ 88.75 pd. by atty
2-23-94
So answers: "
r 'd/~
/#'~ '.b.,/'....-:..../ ./'~~
!r ~;-"<"'" ~ ~..- ~// ,.. ,,-
R. Thomas Kline
Sheriff
Sworn and Subscribed To Before Me
This--=-' A"( Day of III.." ,t. .
1994, A.D. (}."/,, (i~ 11,d.'., ,~,
Prothonotary
;.........~ti.:,4:
LAW OffiCES
FLOWER, MORGENTHAL, FLOWER & LINDSAY
"I'llOt1lSSIONAL CORl'OIlIITION
11 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013-3016
JAMES D. FLOwnR
ROOER M, MOROnJlmlAL
JAMES D. FLOwnR, JR.
CAROL J, UNDSAY
(717) 243-5513
PAX: (717) 243-6510
DIETSCH 81 MOROnJlmlAL
(1!I75-198S)
FLOwnR, KRAMER
MOROnJlmtAL 81 FLOwnR
(198S-1m)
March 30, 1995
William A. Duncan, Esquire
Duncan & Otto
One Irvine Row
Carlisle, P A 17013
Dear Bill:
We have just received notice that you have been appointed as Chairman of the Board of
Arbitration for Chu v. Fairway Products, Inc. and Commonwealth Land Title. I have some
Interrogatories which we intend to promptly answer to complete discovery. Also, there may
be some possibility of some discussions concerning settlement.
I would suggest at this point that perhaps you hold off on scheduling a hearing for the time
being until these matters can be resolved.
Very truly yours,
FLOWER, MORGENTHAL, FLOWER & LINDSAY
~
James ~wer, Jr.
JDFJr:mjm l
cc: C. Roy Weidner, Jr., Esquir"",
._.10.-0.
HU CJ;IiIG CliU and ChIN
CliUH CiiU,
IN THE COURT OF CO~!ON PLEAS OF
CL~BERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
NO. 204
CIVIL
1994
v.
CIVIL ;.CTIOlI - LAl1
j,'AI RliAY PROOUC'l.'S, IIlC. ami
CO;,U,!mmr:ALTii LAlli) TITLr:
IlISURAllCr: COMPl\I~Y,
Defendants.
JURY TRIAL DEl1AlIDED
RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially
in the following form:
PETITION FOR APPOINUIENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
James O. Plower, Jr..
, counsel for the plaintiff/~~in
the above action ~~~~), respectfully represents that:
1. The above-captioned action (~x~cct~ is (~ at issue.
2. The claim of the plaintiff in the action is $ 20.000.00
TIle counterclaim of the defendant in the action is none
The follOWing attorneys are interested in the
wise disqualified to sit as arbitrators:
C. Roy lieidner, Jr., r:squire
case(s) as counsel
Daniel :.torr,lan.
or are other-
Lsauire and
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submit:ed,
FLOlmR, HORGEi~'l'l;'1\L, FLOliER &
ORDER OF COURT By ~, , , '--;'
AND NOW, /nflILC/1 .?t.J , 1995 \ ,nr,'gosnRdela8l;W~'f ifili
foregoing petition, tv, 'II/ArYl ..JJU-J1UJN \tsq., lJtJv,'cJ II. ("IOlllc0
Esq., and, /)f)I//d A, !-V:ij(/t..- ,ESq.:are appointed arbitrators in the
above-captioned action (or actions) as prayed for.
By th~ cjurt. -:::' JL
V I~ift . ,
(\: ..f.
P. J.~n
....:~;i_;,~-:~.v
lJ">
C7'>
-
,-
.:,:'"
::c
0-
lJ"l
':;)
C"')
hl;-:-, -,
~-" ...,
-;: c
.,
.~. ,
r--
.....
"'
..
::c:
..
-;:,._.--t
D~
....,
~ "'
,. a:
~~ "" r-->
~
~~ 0- W
<::r
..... l'"
~ -'
~ . ..
-l> j -"
O{l
- -< -
~ u:>
Con
FILE COpy
MU CHING COO and CHIN CHUN CHU, : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
Plaintiffs, : PENNSYLVANIA
v.
NO. 204 CIVIL 1994
CIVIL ACTION - LAW
FAIRWAY PRODUCTS, INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY,
Defendants.
: JURY TRIAL DEMANDED
NOTICB OF HEARING BY
BOARD OF ARBITRATORS
YOU ARE HERBBY NOTIFIED that the Board of Arbitrators
appointed by the Court in the above captioned case will sit for
the purpose of their appointment in the above captioned action,
on Wednesday, November 22, 1995, at 10:00 a.m., in the Second
Floor Hearinq Room of the Old cumberland county Court House,
Carlisle, Pennsylvania.
BOARD OF ARBITRATION
Dated: October 27, 1995
By:
William A. Duncan, Chairman
David.A. Baric, Esquire, Arbitrator
Daniel J. Sodus, Esquire, Arbitrator
COPIES TO:
James D. Flower, Jr., Esquire
Attorney for the Plaintiff
11 East Hiqh Street
Carlisle, PA 17013
C. Roy Weidner, Jr., Esquire
Attorney for the Defendant
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Daniel Morman, Esquire
Attorney for the Defendant
630 South American Street
Philadelphia, PA 19147
." ......:.il..i$:at:>i.
MU CHING CHU and CHIN CHUN CHU
PlaintiffS,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 204 CIVIL 1994
CIVIL ACTION - LAW
FAIRWAY PRODUCTS, INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Defendant.
JURY TRIAL DEMAND
BOARD OF ARBITRATION
NOTICE OF ARBITRATION HEARING BI
BOARD OF ARBITRATION
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators
appointed by the Court in the above captioned case will sit for
the purpose of their appointment in the above captioned action,
on Monday, December 11, 1995, at 9:30 a.m., in the Second Floor
Hearing Room of the Old Cumberland County Court House, Carlisle,
Pennsylvania.
{/1Lr~~------~
will am A. Duncan, Chairman
William Hanby, Esquire, Arbitrator
Daniel J. Sodus, Esquire, Arbitrator
November 22, 1995
cc:
James D. Flower, Jr., Esquire
Attorney for the Plaintiff
11 East High Street
Carlisle, PA 17013
C. Roy Weidner, Jr., Esquire
Attorney for the Defendant
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Daniel Morman, Esquire
Attorney for the Defendant
630 South American Street
Philadelphia, PA 19147
, . ::u.'it,,~'t('~' .~
~~,
Duncan & Otto, P.c.
Attorneys at law
One Irvine Row
Carlisle, Pennsylvnaia 17013
William A. Duncan
SusanJ. Otto
(717) 249.7780
F~(717)249.7800
DATE: .hlovi.mbe.r d;;:,:}) \Cj~ I?
TO: Jal'neS "0, F\DLUer J V '
)
FROM: ~'l \ \ i ClVV'l A, UlAYlCQ.n
RE: .chu. v' FOli r .WO~ Ar\?'\-tl"'o.t-\ 0 Yl
Number of Pages to follow this transmittal page: ~
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT
LEG~BLE. PLEASE TELEPHONE: (717) 249-7780
FAX: (717) 249-7800
\1(1\'(), Co p~ 10 ~,\ D 'N
CONFIDENTIALITY NOTICE
I
I
\
The information contained in and with this facsimile message is legally
privileged and confidential information intended only for the use of the
individual or entity named above. If the receiver of this message is not
the intended recipient. you are hereby notified that any dissemination or
distribution of copy of this telecopy is strictly prohibited. If you have
received this telecopy in error. please immediately notify us by telephone
and return the original message to us at the address above via the United
States Postal Service. Thank you.
I
I
I
i.
t,.
"M" TRANSMXSSXON REPORT H""
NOV-22-95 15,44
ID.
START TIHB
TBLSPHONB NUHBBR
NAHE ( I D NUHBER)
TRANSHISSION HODE
RBSOLUTION
PAGBS TRANSHITTED
HAILBOX
SECURITY
INFORHATION CODB
RBDIALING TofHES
HACHINB ENGAGED
JOB NUHBER
DUNCAN + OTTO
NOV-22-95 15,43
2438518
2438518
ECH
STD
882
OFF
OFF
OK
"8
'''''48
872
THIS TRANSHISSION IS COHPLETBD.
LAST SUCCBSSFUL PAGE "82
w.
w,
" ,
., ,
>?:-':'~~--:
Duncan & Otto, P.C.
Attorneys at law
One Irvine Row
Carlisle, Pennsylvnaia 17013
William A. Duncan
Susan J. Otto
(717) 249-7780
FAX (717) 249.7800
DATE:
N 0 V.Q.\'Y\ \1e..r dd) \C1 '1 tS
C' ~DY \N.e.'\(~ne.r) Jr,
.lJillj fA \'Y) A, wn CD-V1
ChLA V. fa'r.lNoy Aybl-tv-a..~t\oY\
TO:
FROM:
RE:
Number of Pages to follow this transmittal page: ~
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT
LEG~BLE, PLEASE TELEPHONE: (717) 249-7780
FAX: (717) 249-7800
~(Ay-cl ()~i 1-n ,~\\ Ov0
CONFIDENTIALITY NOTICE
The information contained in and with this facsimile message is legally
privileged and confidential information intended only for the use of the
individual or entity named above. If the receiver of this message is not
the intended recipient, you are hereby notified that any dissemination or
distribution of copy of this telecopy is strictly prohibited. If you have
received this telecopy in error, please immediately notify us by telephone
and return the original message to us at the address above via the United
States Postal Service. Thank you.
MMM TRANSMXSSXON REPORT MMM
-,
NOV-22-SS 15.43
ID.
DUNCAN + OTTO
START TIHS
TBLBPHDNB NUHSBR
NAHB CI D NUHBBR)
TRANSHISSION HODB
RBSOLUTION
PAGBS TRANSHITTBD
NOV-22-S5 15.42
76131n5
717 761 3BI5
BHHR
STD
BB2
OPP
HAIL60X
SBCURITY
INPORHATION CODB
RBDIALING TIHBS
HACHINB BNGAGBD
JOB NUHBBR
OPP
OK
BB
BB'35
671
THIS TRANSHISSION IS COHPLBTBD.
-,
LAST SUCCBSSPUL PAGB BB2
., ,
-.
Dnn"IJD & Otto, p.e.
Attorneys at law
One Irvine Row
Carlisle, Pennaylvnaia 17013
William A. Duncan
Susan J. Otto
(717) 249-7780
FAJC(717) 249-7800
DATE: llD\1eVYJ.b.Qr ,X) J 10q~
TO: VCtnl.t\ J. SOctlAS
FROM: JtJ.\l \"C\VYl P-., \}\A.('\(',U'rl
RE: ~. YQ\Y\('lQ'j A-Yb'r1:l'"o..-t'\6Y\
Number of Pages to follow this transmittal page: ~
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT
LEG~BLE, PLEASE TELEPHONE: (717) 249-7780
FAX: (717) 249-7800
).-\Ctr cl tD~i.1t) ~\\ OW
CONFIDENTIALITY NOTICE
The information contained in and with this facsimile message is legally
privileged and confidential information intended only for the use of the
individual or entity named above. If the receiver of this message is not
the intended recipient, you are hereby notified that any dissemination or
distribution of copy of this telecopy is strictly prohibited. If you have
received this telecopy in error, please immediately notify us by telephone
and return the original message to us at the address above via the United
States Postal Service. Thank you.
HHH TRANSMXSSXON REPORT HHH
NOV-22-S5 15,42
ID,
START TIHE
TELEPHONE NUHBER
NAHE < I D NUHBER)
TRANSHISSION' HODE
RESOLUTION
PAGES TRANSHITTED
HAILBOX
SECURITY
INPORHATION CODE
REDIALING TIHES
HACHINE ENGAGED
JOB NUHBER
DUNCAN + OTTO
NOV-22-95 15.41il
2439948
717-243-9948
G3
STD
1il1il2
OPP
OPP
OK
Iillil
Iill 'IilS
87"
THIS TRANSHISSION IS COHPLETED. ..
LAST SUCCESSPUL PAGE 1il1il2
~,
~.
.' ,
, .
. .,"-
."i',
. ~'...-.. ~ ~
-!. ,.,- Co.AA_~M f?tA;)~1.F()/'Le&{,
\\ . F\oL0e-r Co-5~\'?::> ') Ylc2-~cLc; netic:(
'~\}\ ~a.x ~ .? L.t3te51 \0 .../
jV ,_ ('~d.- P7JS--Iv~
\,V }JQJcCner: :\~ llta'-LlSYD J
)(\):\ Y\tQdS Ylo1")LQ. ~L-"n~ 1- 5DI5
~ .___ ( Ct.-U.2. cl.. pWlpfYU! CL
~~~~~~YI~t.
:)l?-q 00 'alJ..QiI yf,
~ ; (' h ~I .. r_ :.t LA..{ u .e d V 0" ( R
r-- ~
~ r' 'f)2n1e-l . '\
; (:.~.~r.mcLV" (JIl?- 73~-()v{~_I)j
f"'b .
(j\ / \)If,;;\PD(\~c..l L-vLL\tckLU\,(1'\j.-l
~ ~\Otil~.- exntlLrk ljb ~-cclQ.cl
,.9 1'Hdu.'Y\.. .i!~ .)-..---:-.,
e~ dl? {UlhA..,:fn:t-n 'c;r7 {LQ ()'A_,,~ (
.Alel L1 d ;;;L, I 0 CLrn )
Juc.,u....cK-OL '-{r} tr'tvc..-L \.
..::-_.__._______.---......-........- ....... -____. ......... ,_....,~ -'- ....--........1
;
,
"
r
I
t
I
i
I
I
1. ;
f .
I
f~
:
~ --
~k".,
'".;;>,.,..,
, ,,' .~
"~'~
.... .
."~
-::'~~. ,
~ . ~ ~ 17"""" .
!
~Cl1rtd~" .,
(SIYL'i':
iOfi~/tt2 OJ#'
I ~ ..pM.Cj...I\A..I~-I
''it cfuL. ..
i
f
i
I
,
, .
.. I
'~ !
,', l
,
I
,.......,,,...,,-..., '''''''"'(
\5\1)
aCO~
. -.-.
Duncan & Otto, P.C.
Attorneys at law
One Irvine Row
Carlisle, Pennsylvnaia 17013
William A. Duncan
Susan J. Otto
(717) 249.7780
FAX (717) 249.7800
DATE: b1o~tl'Y'1btr ,9d.) \C{g0
TO: ~YYl ~ClY1h'l
FROM: .N, III o..nf'\ A, \J\A,1lC.a..n
RE: c.nu If, rCA'\rwo-y AY'o~\'a-t1bn
Number of Pages to follow this transmittal page:
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT
LEG~BLE, PLEASE TELEPHONE: (717) 249-7780
FAX: (717) 249-7800
V\GlY"Ol 0 D f~ .to f>> \I 00
CONFIDENTIALITY NOTICE
The information contained in and with this facsimile message is legally
privileged and confidential information intended only for the use of the
individual or entity named above. If the receiver of this message is not
the intended recipient, you are hereby notified that any dissemination or
distribution of copy of this telecopy is strictly prohibited. If you have
received this telecopy in error, please immediately notify us by telephone
and return the original message to us at the address above via the United
States Postal Service. Thank you.
,'H;.'~~~~-:i
HHH TRANSM~SS~ON REPORT HHH
NOV-22-S5 15.411
10.
START TIHE
TELEPHONE NUHBER
NAHE ( 10 NUHBER)
TRANSHISSION HODE
RESOLUTION
PAGES TRANSHITTED
HAILBOX
SECURITY
INPORHATION CODE
-,
REDIALING TIHES
HACHINE ENGAGED
JOB NUHBER
DUNCAN + OTTO
NOV-22-S5 15.38
2416411
717 241 6411
G3
STD
11112
OPP
OPP
OK
1111
III 'liS
66S
THIS TRANSHISSION IS COHPLETED.
LAST SUCCESSPUL PAGE 11112
-,
-,
i
I
l
.._"'---
MU CHING CHU and CHIN CHUN CHU, . IN THE COURT OF COMMON PLEAS
.
OF CUMBERLAND COUNTY
Plaintiffs, . PENNSYLVANIA
.
:
v. . NO. 204 CIVIL 1994
.
CIVIL ACTION - LAW
FAIRWAY PRODUCTS, INC. and .
.
COMMONWEALTH LAND TITLE .
.
INSURANCE COMPANY, .
.
Defendants. . JURY TRIAL DEMANDED
.
NOTZCB OP HBARZNG BY
BOARD OP ARBZTRATORS
YOU ARE HERBBY NOTZFZED that the Board of Arbitrators
appointed by the Court in the above captioned case will sit for
the purpose of their appointment in the above captioned action,
on Wednesday, November 22, 1995, at 10:00 a.m., in the Second
Floor Hearinq Room of the Old Cumberland County Court House,
Carlisle, Pennsylvania.
BOARD OF ARBITRATION
Dated: October 27, 1995
By:
Will am A. Duncan, C a~rma
David.A. Baric, Esquire, Arbitrator
Daniel J. Sodus, Esquire, Arbitrator
COPIES TO:
James D. Flower, Jr., Esquire
Attorney for the Plaintiff
11 East Hiqh Street
CarliSle, PA 17013
Daniel Morman, Esquire
Attorney for the Defendant
630 South American Street
Philadelphia, PA 19147
C. Roy Weidner, Jr., Esquire
Attorney for the Defendant
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
___ TR~NSMXSSXON REPORT ___
NOV-IIIS-S5 IB, 42
10,
.-',
START TIHE
TELEPHONE NUHBER
NAHE C I D NUHBER)
TRANSHISSION HODE
RESOLUTION
PAGES TRANSHITTED
HAILSOX
SECURITY
INPORHATION CODE
REDIALING TIHES.
HACHINE ENGAGED
JOB NUHBER
DUNCAN + OTTO
NOV-l!IS-S5 18,41
243851l!1
243651l!1
ECH
STD
l!Il!I2
OPP
OPP
OK
l!Il!I
l!Il!I'3S
585
THIS TRANSHISSION IS COHPLETED.
LAST SUCCESSPUL PAGE l!IIII2
",
",
",
HHH TRA~SMXSSXO~ REP~RT H_H
NOV-05-55 IB.44
10.
BTART TIHE
TELEPHONE NUHBER
NAHUCID NUHBER)
TRANSHISSION HOOE
REUOLUTION
PAGES TRANSHITTED
HAILBOX
SIlCURITY
INPORHATION CODE
REDIALING TIHES
HACHINE ENGAGED
JOB NUHBER
-,
DUNCAN + OTTO
NOV-05-55 IB.43
1B13015
117 1BI 3015
EHHR
BTD
002
'OFP
OPP
OK
00
00'35
5BB
THIS TRANSHISSION IS COMPLETED.
LAST SUCCESSPUL PAGE 002
-,
" ,
___ TRANSMXSSXON REPORT ---
NOV-lII9-96 16.46
10.
START TIHB
TBLBPHONB NUHSBR
NAHE C 10 NUHBBR) .
TRANBHISSION HDDB
RBSOLUTION
PAGBB TRANBHITTBD
HAILSOX
SBCURITY
-,
INPORHATION CODB
RBDIALING TIHBS
HACHINB BNGAGBD
.JOB NUHBBR
DUNCAN + OTTO
NOV-lII9-96 16,44
2496766
'717 . 2495755
G3
STD
lIIlII2
opp
OPP
OK
lIIlII
lIIl 'lIIB
567
THIS TRANSHISSION IS COHPLBTBD.
LAST SUCCBSSPUL PAGB lIIlII2
-.
-,
., ,
William A, Duncan
Susan J. Otto
(717) 249-7780
FAJC (717) 249-7800
Duncan & Otto, p.e.
Attorneys at law
One Irvine Row
Carlisle, Pennsylvnaia 17013
DATE: N DV..e Ill) b{V" q ) l q q 6
TO: -c:>ov; G\ A, betV' I c.. ) 6sC(.
FROM:\J\l"l \ \ i (;\ m A, ~\) lAne Ul r\
RE: ,!Vbl-\;\-cc\'\i:\n H~(H-I(I~_ NlYJ,;;l~
Number of Pages to follow this transmittal psge: --1-
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT
LEGIBLE, PLEASE TELEPHONE: (717) 249-7780
FAX: (717) 249-7800
CONFIDENTIALITY NOTICE
The information contained in and with this facsimile message is legally
privileged and confidential information intended only for the use of the
individual or entity named above. If the receiver of this message is not
the intended recipient, you are hereby notified that any dissemination or
distribution of copy of this telecopy is strictly prohibited. If you have
received this telecopy in error, please immediately notify us by telephone
and return the original message to us at the address above via the United
States Postal Service. Thank you.
William A. Duncan
Susan J. Otto
(717) 249.7780
F~17l7)249.7800
Duncan & Otto, P.C.
Attorneys at law
One Irvine Row
Carlisle, Pennsylvnaia 17013
DATE:
TO:
FROM:
RE:
Number of Pages to follow this transmittal page:
\
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT
LEGIBLE, PLEASE TELEPHONE: (717) 249-7780
FAY: (717) 249-7800
Ii\.) ,.: ....->'~--...".."""'_
~i----e------'--'" ;- (" !
~I~;' tll.-WA~4l~~j:;;o-
~ f~!JIl(jlJ--?-Z~jl~ j.;:r- '. ;ztli1-'~ ~ ~~-- -==:-
-".....'
~~ '
Oif.,?L - .___.m__h_______ --- - -0__. --- -H----=1
> ;rn, _.__ _____ __.___ _ _ ~__._
UJ.W' - --- ----. __I.
~ ~L_=~----~-~~-=.~=-- ~~_~-------h-l
oCl'''''~~I..'''' f 'Iliff';"",,,, .[ -,.. .-.~., ,.. .-,-----
...... ~.;.l'.l . 'd'l j. ''''.1.. L ,',." ,~'" l'c-r- '
" .~.. ! i' ".t .... ,',-., i'!" ,. .." ! .""'J I 1 'l--' ~ \ ll.$ . -"1
, ~-l i__, , ',.' ..~...;<',...,.. I t.,., )~-,I'" ,.
Olt',' "..v,.....,:::..".a_~ > ~,_ __, l....-.I
~.,..,..\Dlf;J..,,' 1/,; L;;~,t:I:, .TGj"::l:.:Li },flfH ,.;:
CON.'lU~N'Ul\l.oU 1 IW. ."...
The information contained in and with this facsimile message is legally
privileged and confidential information intended only for the use of the
individual or entity named above. If the receiver of this message is not
the intended recipient, you are hereby notified that any dissemination or
distribution of copy of this telecopy is strictly prohibited. If you have
received this telecopy in error, please immediately notify us by telephone
and return the original message to us at the address above via the United
States Postal Service. Thank you.
Duncan & Otto, P,C.
Altorneys allaw
One Irvine Row
Carlisle, Pennsylvnaia 17013
William A, Dunean
Susan J. Olto
(717) 249.7780
FAX (717) 249.7800
DATE: J:Jo"eyY)b~v
g)l~
E:sC( .
TO:
"J{.lmp.<;D. Flower, ';:)(: )
.
~t'.h \ \ \ (I.m A. UlAn C 0. vt
Arhlt,rctt", on \-\.e.ClV'" \ V\3
FROM:
lJO\l '
d~
RE:
Number of Pages to follow this transmittal page: -L--
IF YOU DO NOT RECEIVE ALL PAGES OR IF COPIES ARE NOT
LEGIBLE, PLEASE TELEPHONE: (717) 249-7780
FAX: (717) 249-7800
CONFIDENTIALITY NOTICE
The information contained in and with this facsimile message is legally
privileged and confidential information intended only for the use of the
individual or entity named above. If the receiver of this message is not
the intended recipient, you are hereby notified that any dissemination or
distribution of copy of this telecopy is strictly prohibited. If you have
received this telecopy in error, please immediately notify us by telephone
and return the original message to us at the address above via the United
States Postal Service. Thank you.
L~~':~-~"::.:~I
MU CHING CHU and CHIN CHUN CHU
PlaintiffS,
.
.
.
.
.
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
.
.
v.
: NO. 204 CIVIL 1994
: CIVIL ACTION - LAW
FAIRWAY PRODUCTS, INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Defendant.
.
.
.
.
.
.
: JURY TRIAL DEMAND
NOTICE OF ARBITRATION HEARING ~
BOARD OF ARBITRATION
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators
appointed by the Court in the above captioned case will sit for
the purpose of their appointment in the above captioned action,
on Monday, December 11, 1995, at 9:30 a.m., in the Second Floor
Hearing Room of the Old cumberland County Court House, Carlisle,
Pennsylvania.
BOARD OF ARBITRATION
!/Ifr~~-------
Will am A. Duncan, Chairman
william Hanby, Esquire, Arbitrator
Daniel J. Sodus, Esquire, Arbitrator
November 22, 1995
cc:
James D. Flower, Jr., Esquire
Attorney for the Plaintiff
11 East High Street
Carlisle, PA 17013
C. Roy Weidner, Jr., Esquire
Attorney for the Defendant
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Daniel Morman, Esquire
Attorney for the Defendant
630 South American Street
Philadelphia, PA 19147
HORACE ^, IOHNSON
IERR Y R. DUFFIE
RICH^RD W. STEW^RT
C, ROY WEIDNER, IR,
EDMUND G. MYERS
I^MES ^, IOHNSON
D^VID W, DELUCE
RALPH H, WRIGHT, IR,
D^VID I, ~N~
IOSEPH L HITCHINCS
~W OFFICES
JOHNSON, DUFFIE, STEWART & WEIDNER
301 M^RKET STREET
Po 0, BOX 109
LEMOYNE, PENNSYLV^NI^ 17043.0109
TELEPHONE 717.761.4540
TELECOPIER 717.761.]015
November 13. 1995
William A. Duncan, Esquire
Duncan & Otto, P.C.
One Irvine Row
Carlisle. PA 17013
Re: Mu Ching Chu. et al. v. Fairway Products. Inc.. et al.
No. 94-0204 Civil Term
Cumberland Co.C.P.
Claim No, 9400890
Dear Bill: '
This letter is to confirm a message received by my office on November 10, 1995
advising that the arbitration hearing scheduled for November 22. 1995 in regard to the above
referencad matter has been postponed due to one of the arbitrators being an agent for
Commonwealth Land Title Insurance.
It is our understanding that as soon as a new arbitrator is appointed, you will be
contacting us with dates to reschedule this matter for a hearing.
Thank you for your consideretion in this matter.
Very truly y rs.
~IE' STEWART & WEIDNER
fJl
W .dner. Jr.
slr:48373
c: James D. Flower. Jr., Esquire
Daniel Morman. Esquire
Beth L, Thomas. Esquire
,'""....:,_.~.
MU CHING CHU & CHIN CHUN CHU . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
V . CIVIL ACTION - LAW
.
.
.
.
.
FAIRWAY PRODUCTS, INC., . NO. 94-204 CIVIL TERM
.
COMMONWEALTH LAND TITLE .
.
INSURANCE COMPANY .
.
Defendant .
.
IN RE: VACATE ARBITRATOR
ORDER OF COURT
AND NOW, NOVEMBER 14, 1995, the appointment of David
Baric, Esquire is hereby vacated and William F. E. Hanby, III,
Esquire, is appointed in his stead.
By the Court,
I C.
~."
J[A_A!'_ .t)
Ha~bld E. Sheely; P.J.
---
~illiam Duncan, Esquire
~rman
,
Court Administrator
:sld
/) II
j ,J
II I.' j, I
fAIJ/I~
-'
),/ /-
. ,
t: -.r l' /
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HU CHING CHU & CHIN CHUN CHU
Plaintiff
.
.
.
.
V
: CIVIL ACTION - LAW
.
.
.
.
FAIRWAY PRODUCTS, INC.,
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Defendant
: NO. 94-204 CIVIL TERM
.
.
.
.
.
.
IN RE: VACATE ARBITRATOR
ORDER OF COURT
AND NOW, OCTOBER 26, 1995, the appointment of David
Stone, Esquire is hereby vacated and Daniel Sodus, Esquire, is
appointed in his stead.
By the Court,
~'l~iam Duncan, Esquire
l.rman
.
Court Administrator
:sld
I . .
;:' .
~ ,II
'1' " if
:.!: t'
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Courthouse Square' Carlisle, PA 17013
Thomaa E. Chafflna, Eaq. Phone
Court Administrator (717) 240.6200
(717) 697.0371
Richard J. Pierce (717) 532-7286
Assistant Court Administrator (717) 240,6462 FAX
Doria J. March
Staft Assistant
Karen B. Merrill
Legal Secretary
Albert Bogert, Esq,
317 Third Street
New Cumberland, Pa 17070
October 17, 1995
Dear Mr. Bogert:
I am writing to you In regards to Bradley D. Snouffer -vs- Don Paul Shearer. On May
6, 1994, you were assigned as chairperson In the above mentioned case. Currently the
Prothonotary's docket Indicates no settlement or disposition. On behalf of the Court of
Common Pleas, we are asking you to contact the litigants and notify the courts within 30
days of your findings,
We realize that many of the delays involved In this case may be of no fault of your own.
However, should the court not receive adequate information regarding the status of t.hls
case, the court will vacate the appointment of this Board of Arbitrators.
Sincerely,
~r)pt?~<~
Richard J, Pierce
Assistant Court Administrator
RJP:br
cc: William Duncan, Esq.
Michael Hanft, Esq.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Counhouse Square' Carlisle, PA 17013
Thomaa E. Chllflnl, Esq. Phone
Court Administrator (717) 240-6200
(717) 697.0371
Richard J, PIerce (717) 532-7286
Assistant Court Administrator (717) 240,6462 FAX
Dorll J. March
Stall Assistant
Karin B. ....rrlll
Legal Secretary
William Duncan, Esq,
1 Irvine Row
Carlisle, PA 17013
October 17, 1995
Dear Mr, Duncan:
I am wrlllng to you In regards to Mu Ching Chu -vs- Fairway Products, Inc. et al. On
March 24, 1995, you were assigned as chairperson In the above menlloned case.
Currently the Prothonotary's docket Indicates no settlement or dlsposillon. On behalf of
the Court of Common Pleas, we are asking you to contact the lillgants and notify the
courts within 30 days of your findings.
We realize that many of the delays Involved In this case may be of no fault of your own.
However, 'Should the court not receive adequate Information regarding the status of this
case, the court will vacate the appointment of this Board of Arbitrators,
Slncer~ly, /
~~:cJ ;'/
. 000 .?,..Y'
~ ( y; fo . ,-c'.--'
Richard J, Pierce
Assistant Court Administrator
RJP:br
cc: David Stone, Esq,
David Baric, Esq,
,,{~.;.'\~~r;'~'::_'
HOMCE ^" JOHN50N
IERRY R. DUFFIE
RICH^RD W, 5TEW^RT
C. ROY WEIDNER. IR-
EDMUND G. MYEIl5
J^ME5 ^, IOHN50N
D^VID W, DtLUCE
MLPH H. WRIGHT, IR.
D^VID I, ~NZA
I05EPH L HITCHING5
~W ornCE5
JOHNSON, DUFFIE, STEWART & WEIDNER
301 MARKET STREET
P. 0, OOX 109
LEMOYNE, PENNSYLVANIA 17043.0109
TELEPHONE 717.761.4510
TELECOPJER 717.761.301'
November 13. 1995
William A. Duncan. Esquire
Duncan & Otto. P.C.
One Irvine Row
Carlisle. PA 17013
Re: Mu Ching Chu. et al. v. Fairway Products. Inc.. et al.
No. 94-0204 Civil Term
Cumberland Co.C.P.
Claim No, 9400890
Dear Bill:
This letter is to confirm a message received by my offica on November 10, 1995
advising that the arbitration hearing scheduled for November 22. 1995 in regard to the above
referenced matter has been postponed due to one of the arbitrators being an agent for
Commonwealth Land Title Insurance.
It is our understanding that as soon as a new arbitrator is appointed. you will be
contacting us with dates to reschedule this matter for a hearing,
Thank you for your consideration in this matter,
Very truly y rs.
~IE' STEWART & WEIDNER
r,{t'
C. R Widner. Jr.
slr:48373
c: James D. Flower. Jr,. Esquire
Daniel Morman. Esquire
Beth L. Thomas. Esquire
HU CHING CHU & CHIN CHUN CHU : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
V . CIVIL ACTION - LAW
.
.
.
.
.
FAIRWAY PRODUCTS, INC., . NO. 94-204 CIVIL TERM
.
COMMONWEALTH LAND TITLE .
.
INSURANCE COMPANY .
.
Defendant :
IN RE: VACATE ARBITRATOR
ORDER OF COURT
AND NOW, NOVEMBER 14, 1995, the appointment of David
Baric, Esquire is hereby vacated and William F. E. Hanby, III,
Esquire, is appointed in his stead.
By the Court,
lL\.A / F"' . \( --
Hai:;bld E. Sheely'''' P. J .
~il~iam Duncan, Esquire
~rman
Court Administrator
:sld
/) /I. // Ii, i '/ ~ fl-, u II c...
)"i/_ /'c.f//
MU CHING CHU & CHIN CHUN CHU : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
: CIVIL ACTION - LAW
FAIRWAY PRODUCTS, INC.,
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Defendant
NO. 94-204 CIVIL TERM
IN RE: VACATE ARBITRATOR
ORDER OF COURT
AND NOW, OCTOBER 26, 1995, the appointment of David
Stone, Esquire is hereby vacated and Daniel Sodus, Esquire, is
appointed in his stead.
By the Court,
~i1~iam Duncan, Esquire
~l.rman
Court Administrator
:sld
[g] R (;;) r,J t'\ '1R r:::'I
r ~.,IL~!.J \"Ltlk-"ll
!//- _:~.....
'. -,.,.~-<- '. - ..............--...,~"'.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Courthouse Square. Carlisle. PA 17013
Thomaa E. Cheffln., Eaq, Phone
Court Administrator (717) 240,6200
(717) 697.0371
Richard J. Pierce (717) 532.7286
Assistant Court Administrator (717) 240.6462 FAX
Dorl. J. March
Staff Assistant
Karan B. Merrill
Legal Sacretary
Albert Bogert, Esq,
317 Third Street
New Cumberland, Pa 17070
October 17, 1995
Dear Mr. Bogert:
I am writing to you in regards to Bradley 0, Snouffer .vs- Don Paul Shearer. On May
6, 1994, you were assigned as chairperson In the above mentioned case. Currently the
Prothonotary's docket Indicates no settlement or disposition, On behalf of the Court of
Common Pleas, we are asking you to contact the litigants and notify the courts within 30
days of your findings,
We realize that many of the delays Involved in this case may be of no fault of your own.
However, should the court not receive adequate Information regarding the status of I.hls
case, the court will vacate the appointment of this Board of Arbitrators.
Sincerely,
-1Zt
fI' <:/
~;~/' Y t?~,-,_<"_e
Richard J. Pierce
Assistant Court Administrator
RJP:br
cc: William Duncan, Esq,
Michael Hanft, Esq,
':~." " ,
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Courthouse Square' Carlllle, PA 17013
Thomaa E. Che"lne, Esq. Phone
Court Admlnlltralor (717) 240,6200
(717) 697-0371
Richard J. Pierce (717) 532-7286
ABllstant Court Mmlnlslralor (717) 240-6462 FAX
Doria J. Merch
Stall Anlslanl
Karen B. Merrill
Legal Secrelary
October 17, 1995
William Duncan, Esq.
1 Irvine Row
Carlisle, PA 17013
Dear Mr. Duncan:
I am writing to you In regards to Mu Ching Chu -vs. Fairway Products, Inc. et al. On
March 24, 1995, you were assigned as chairperson In the above mentioned case,
Currently the Prothonotary's docket Indicates no settlement or disposition. On behalf of
the Court of Common Pleas, we are asking you to contact the litigants and notify the
courts within 30 days of your findings,
We realize that many of the delays Involved in this case may be of no fault of your own.
However, should the court not receive adequate Information regarding the status of this
case, the court will vacate the appointment of this Board of Arbitrators.
Slncer~ly, ~
. ~
, ~f/ ~ _~C~
Richard J, Pierce
Assistant Court Administrator
RJP:br
co: David Stone, Esq,
David Baric, Esq.
MU CHING CHU and CHIN
CHUN CHU,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
CIVIL ACTION. LAW
vs,
NO. 204 CIVIL, 1994
FAIRWAY PRODUCTS, INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY,
Defendants.
JURY TRIAL DEMANDED
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court
in the above captioned case has rescheduled the hearing set for December 11, 1995, at 9.30
a.m., and will sit for the purpose of their appointment on Thursday, December 21, 1995, at 9:30
a.m., in the Second Floor Hearing Room of the Old Cumberland County Court House, Carlisle,
Pennsylvania.
Dated: November 29, 1995
BOARD OF ARBITRATION
\ I ^ ~~'
i rr-, \ .'
;\ " l, ~_/CVV"- ( o~
By '/"
William A. Duncan, Esquire, Chairman
William F.E. Hanby, III, Esquire, Arbitrator
Daniel J, Sodus, Esquire, Arbitrator
COPIES TO: -
James D. Flower, Jr., Esquire
Rower, Morgenthal, Rower & Undsay
Attorney for the Plaintiff
11 East High Street
Carlisle, PA 17013
C. Roy Weidner, Esquire
Attorney for the Defendant
Johnson, Duffie, Stewart & Weidner
301 Market Street
P. O. Box 109
Lemoyne, PA 17043.Q109
Daniel Morman, Esquire
Attorney for the Defendant
630 South American Street
Philadelphia, PA 19147
I
I
,
t
I
r
1-
I
I
,
I
I
I
I
I
i
I.
,~
~
,
Ct:RRAS \'. EBEIUlARTER Pa, 477
CII,..!21 Ud"74 ('a.Super. 1917)
the continued emplo,)'mt"nt or an)' such agent or emplo,)'ee; nor shall he be otherwise
answerable or accountable in an)' circumlL1nces ",'hatJ:oe\'er except Cor the sar~kel!p"
ing of the c.rtiCicato, depo.itod hereunder and for gron negligence or bad faith,
He mal' consult with counsel relating to hiB duties or responsibilities hereunder and
.hall not be liable for an)' act taken, ,uffered or omittod b)' him in i:ood faith on
ad\'ice of such counsel.
@, this Escrow Agreement mal' be executed in If\'eral counterparu, each oC which
.hall be deemed an original.
IS \\'ITSESS WHEREOF, the parti., h..'. .igned or cau,ed thi, Escro~' Agre..
ment to be liimed as oC the da,)' and ~'ear lirst written.
Atto.~
Witnes.:
CUFeo MILLWORK &: Lt'MBER, ISC,
Bu,)'er
B\':
H.rman F, Yerg.r
President
Victor S, Panaccion, Sell.r
Herman F, Yerger, Shar.holder
Edward D. Sulli"an, Shareholder
Herman p, Eberharter, Eacrow Ag.nt
Panaccion executed the agreement and
returned it to Eberhart, Thereafter, the
attorney for Clilco proposed to amend
paragraph 6 of the escrow agreement to
pro,ide as followl:
6, It is expressl)' agreed that if addi.
tional shares of stock of Bu)'er are is-
sued during the term of this Escrow
Agreement, or if during the term of this
Escrow Agreement an)' or all or the
shares of stock of Buyer initiall)' issued
are re-issued, either in the same or in
"al')ing amounts to the original stock.
holders or to others, \\ith or \\ithout
consideration, or whether by wa)' of re-
capitalization, stock dhidend, merger or
reorlranization of any kind, sueh addition,
al or substituted shares, as the case may
be, shall be delivered to the Escrow
Agent, to be held by him subject to the
terms or this Escrow Agreement.
In a letter to Panaccion dated March 15,
19;4, Eberharter stated that both he and
another Stradley attorney believed the
amendment had "no legal effect whatsoev-
er" and was proposed b)' the buyer "to
satisf)' Mr, Yerger's whim," (R, 2;2a),
Panaccion signed the amendment and re-
turned it to Eberharter,
Pursuant to the terms of the agreement,
all of the issued and outstanding shares of
Clirco stock would be held in elCrow,
There were 1,000 issued and outstanding
shares of Clifco, 800 shares in the name or
Yerger, which was represented b)' eertifi,
cate ~o, 1, and 200 shares in the name of
j:
4-;
I
1I0AHD OF ED.. ETC. v, PIllLAllELPHlA FED.. ~;TC,
cu. ... PI.Cmwllh.. 317 A.1d 1273
I'll, 1277
I
I
I
I
[1] The appellee has mo,'ed that we
transfer the appeal to the Superior Court or
that we quash it, It ..."erts us the b'l'ound
for trBnsfer that the dispute here grows out
of an agreement between the parties-the
stipulBtion upon whieh the court order of
April 19, 19i2 ending the first lawsuit wus
based, We disagree, The instant litigation
is not founded on an agreement; it ema-
nates from the events occurring after April
19, 19i2 which the union sa)'s render any
school board resolution eoneerning residen-
ey requirements, including the modification
of April 19i2, unenforceable, Since this
luwsuit essentially involves the enforceabili-
ty of the school board's resolution of Janu-
ury 24, 19i2, as modified by the order of
April 19, 19i2, it is a matter clearl)' commit-
ted to this court in its appellBte jurisdiction,
42 Pa,C,S, ~ i62(a){4XiXB),
[2) The union's motion to quash again
has reference to the April 19, 19i2 order,
It points to the concluding paragraph of the
order referring disputes as to the applica-
tion, meaning or interpretation of the stipu-
lation and order to Judge Hirsh and declar-
ing thBtthe judge's deeision should be final
and binding on the parties, The union con-
tends thBtthis commits all matters concern-
ing the resolution, as mOllified, to common
law arbitration, under the principles of
whieh no appeal from the arbitrator can be
had except on the basis or the denial of fair
hearing or upon allegations of fraud, mis-
conduct or other corrupt Bctil'ity on the
part of the arbitrator, There are two short
answers to this contention, The first is
that Section 16 of the Act of April 25, 192i,
p,L, 381, as amended, 5 P,S, ~ li6 provides
that that Act shall apply to all written
contracts to which the Commonwealth or
any of its agencies or subdil'isions is a part)'
and shall be arbitrated under the terms of
that Act, Under the Act of 192i issues of
law and fact arc re,'iewable, Therefore,
even if the question raised in the instant
litigation had been submitted to arbitration
the decision of the arbitrator would he re-
viewable, The second short answer to the
motion to 'tunsh is that the court helow WllS
not aske_\ in the instant litigation to settle a
dispute as to the upplicatilln, meaninl{ or
t
I
I
r, ""r J~ J!I~" ;..1-.1-
interl'retutioll of the order of April 19, 19i2,
C1;tered in the fil'lltlawsuit or of an)' resolu-
tion referred to in that ordor; rather it was
""ked to enjoin, ns to school distriot emplo)'-
ees hired after FebrUllr)' I, 19i2 and before
Ma)' 12, 19i6, the enforcement of any re.o-
lution requiring residence in the district,
Furthermore, if the union, as it now Sa)'8,
was merely seeking arbitration under the
April 19, 19i2 order, it seems strange that it
commonced a new lawsuit rather than
merely submitting the matter for arbitra-
tion hy an application entered in the first
suit,
We dismiss the union's motions to trans-
fer or quash the appeal.
[3,4) We now come to the merits of the
school board's appeal. The board first
makes an extended argument to the point
that laohes and equitable estoppel are ex-
clusively defenses to actions in equity and
that neither can create a cause of action,
Its authority for this proposition is the fol-
lowing sentence appearing in the ense of
Pittsburgh I', Commercial Casualty Insur-
ance Co" 106 Pa,Super, 254, 259, 161 A, 630,
631 (1932): "[A)n estoppel does not create a
cause of action, and plaintiff must first
show that it has a right to bring this suit,"
The case in question began as an action in
assumpsit against a corporate surety by a
materialman on a bond given by a contrac-
tor and the surety to the City of Pittsburgh,
The materialman was not named as an obli-
gee of the bond and for this reason the
Superior Court held that he could not recov-
er on the bond, The plaintifr contended,
however, that the surety should be estopped
from den)'ing liability on the bond because
of certain statutory references in the bond
and because of the surety's aceeptance of a
special premium from the city, It was in
answer to this arb'llment based on estoppel
that the opinion writer employed the quot-
ed sentence, The opinion writer was saying
that one suing on a hond must first show
that he had a righlto sue on the bond by its
terms, n circumslance not there present.
The instant cnse is quite dirferent, Here
the teachers hy their union assert ns their
...~
,.. ...
"'~
~
.. 4. ~....
'. ,..
STRAUP V. TIMES HERALD
cu. u. Pa.SuPU.. 423 A.2d 113
Pa, 713
be clear and surriciently pr.cise to enabl. II
surv.yor to locate and id.ntiry the proper-
ty."
(4] It is admitted in this case, thatthcr.
was absolutely no d.scription provid.d,
Therefore, in accordance with th. above
cases, it appears cl.ar that th. attorn.y for
the Dicksons would not be on notic. by
reBding the deed and agreem.nu which
w.re on rile in Luzern. County, In ract,
there was testimony that th. Willards
owned two oth.r large pare.ls of land in
Luzern. County besides th. 61 plus acr.s
parcel in question h.re. Th. agr..m.nt on
record m.rely stated that the Willards w.re
conv.ying an .asement on c.rtain propert)'
they owned in HolI.nback Township, The
qu.stion then becomes-should the attorn.y
have contacted PP&L and or the Willard.
to d.termine ir that right--<lf-way was on
thil 5 acre pare.1 or some oth.r parccl of
land owned by the Willard.,
(5,6] This Court beli.ves that it i. .x-
tremely important to note that PP&L, upon
request by th. Dicksons, suppli.d tempo-
rary .Iectrie service to the Dicksons and
later perman.nt electric scrvice wh.n th.y
had compl.ted th. erection or their hom.,
This Court beli.v.s that PP&L should also
have som. responsibility in this matt.r be-
eause th.y allowed th. Dicksons to make
substantial improv.menu to th.ir home
when they, PP&L, w.re or should have
beea on at least, ir not greater, notice than
were the Dicksons BS to the existen.e of th.
easem.nL This Court certoinly recogaizes
that PP&.L is a big .ompany and that on.
branch or the company might not know
what anoth.r branch or th. company has
done, How.v.r, this Court dlK... not beli.ve
that because th.y are a big company, th.)'
should be h.ld to a I.sser standard or care
than aa individual would be, Jr an individ-
ual had rec.ived thil .BS.m.nt and later
that individual allowed th. Dicksons to im-
P~v. their property and assist.d th.m in
d~lng so, that individual would not be per-
mItted to require th.m to d.stroy the im-
~rovemenu a f.w months lat.r, Lik.wise,
.n this ease, this Court, sitting at equity,
should not allow PP&L to require the Dick-
p,Jarp ~1141JAld_ll
sons to aurrer and to have to remov. th.ir
improvements.
The n.gligence or PP&L in failing to
attach a property d.seriptlon to ita agree-
m.nt which WBS recorded in 1973, and the
furth.r compounding or that n.gligence by
assisting the Dicksons in th. .rectlon or a
home on PP&L's right--<lr-way, cannot be
excused in this matt.r, Th.refore, we re-
v.rs. the d.cision or th. low.r court re-
fusing to gran\. the injunction requested by
the Dicksons in that matter,
w
o iU"'UM.US'Sl1111
Joel STRAUP, Prulon Straup and
Emerson Kriebel, Appellanl8,
v.
The TIMES HERALD.
SuperiOl Court of p.nnsylvania.
Argued March 20, 1979,
Filed Aug, 29, 1980,
Reargum.nt D.ni.d Jan, 8, 1981,
Petition for Allowance or Appeal
Denied ~Iarch 10, 1981,
N.wspaper distributors brought action
against n.wspBper I.eking to enjoin news-
paper rrom int.rrering with distributors'
newspaper distributorships, Th. Court of
Common PI.as, Montgomery County, No,
77-8238, Vog.I, J" vacated preliminary in-
junction pr.viously granted by court and
dismiss.d complaint, and plaintirrs appeal-
ed, The Superior Coort, No, 2332 October
Term, 1978, C.rcon., P....id.nt Jud~, h.ld
that where newspaper treated ita d.alers BS
owners or .xclusiv. n.wspaper distributor-
ships cov.ring specifi.d geographical areas,
newspap.r kn.w that consid.ratlon passed
ror the purchase or distributorships and was
silent in rac. of that knowledge, and newa-
paper represent.l,d by iu words, Bn.nce and
conduct that distributors were owners or
property which they .ould sell ror value and
"
~ '.
.-
),:
I!
i I:
I,'
I~ ,I
, j ~
'I'
Iii
.r,
,.
If'
,
II'
,\
. ~
i ::
.,
~ I
oil
:'\
~ I ,
.
I.
i 0 : I
, ,
" ,1'
, ,
, I'
1:-
714 Pa.
423 ATLANTIC REPORTER, 2d SERIES
not merely parties to daily contracts ter-
mlnablc at will, distributors had clear con-
tractual relationship with newspaper and a
kind oC conditional property right In distrib-
utorships that could not be terminated at
wil1; thereCore, newspaper would be en-
joined Crom depriving distributors oC their
reasonable expectotions that they owned
their distributorships, and would be prohib-
ited Crom terminating distributorships in
absence oC prooC that distributors provided
deCIcient service to eustomers.
Reversed and remanded.
HoCCman, J., concurred in result.
-,.t
'.
I. Contracts -175(1)
Newspaper distributors had burden oC
overcoming presumption that any distribu-
torship contract which may have existed
between distributors and newspaper was
terminable at will; determination oC the
Issue would involve consideration oC several
Cactors including circumstances surrounding
execution oC contract, situation oC parties,
objects they apparenlly sought and the na-
ture oC subject matter oC agreement.
2. Principal and Agent -33
Presumption that an agency agreement
Is terminable at will may be rebutted not
only by evidence showing a contrary under-
standing by contraeting parties, but also by
showing that agent gave principal consider-
ation in addition to the agent's normal serv-
ices.
3. PrIncipal and Agent -33
In action brought by newspaper distrib-
utors to enjoin deCendant newspaper Crom
interCering with plalntiCCs' distributorships.
plaintiCCs Cailed to meet their burden oC
overcoming the presumption that any dis-
tributorship agreements which may have
existed between the parties were termina-
ble at will.
4. Injunction -59(1)
Pennsylvania courts sitting in equity
have jurisdiction to prevent continuance oC
acts contrary to the law or prejudicial to
the Interest oC individual rights, and this
Includes the ability to enjoin wrongCul
.
breaches oC contract when money damlgel
are an inadequate remedy. . - .;1
5. InJuncllon -126 ..
Party seeking injunction must estsblish
that a clear legal right exists, not one that
Is doubtCul or uncertain, and thatirrepara.
ble permanent injury Is threatened by fall.
ure to grant relieC. .
6. Contracts _318
Equity does not Cavor Corleiture, IIld
court should hesitate to enCorce a Corlei.
ture.
7. Contracts -215(1)
Where no extension oC conlractls n~
tiated, there is no basis for considering lbe
expired contraet as definitively pvemlnr
relationship oC parties; surroundlnr drcum.
stances and subsequent acts of parties aN
important to show intent. : .
8. Eetoppel ....110
The doctrine oC equitable estoppel II
ordinarily advanced as a defense and u
such must be raised In the pleadin(S; fall.
ure to so plead the defense of equitable
estoppel conslilutes a waiver of that cle-
Cense. Pa.R.C.P. Nos. 1030, 1032; 42 P..c.
S.A. .
9. Eetoppel ....85
A promise which induces detrimentel
reliance should be enCoroed.
10. Eetoppel _52.15 -
Equitable estoppel arises when perIJ
by acts or representations Intenlloaal11 Of
through eulpable negligence Indu.eII 11IO:;
er to believe that certain facts exISt ud
other justifiably relies and acts upe::::
belieC. so that the latter will be pre! aIIC-
iC the Cormer Is permitted to deny ~ '."
ence oC such Cacts. '.. .
'. -.
.. .
11. Eetoppel _55 . of'~
Equitable estoppel is a doctrine
damentel Calmess Intended to predudl.-!:
ty Crom depriving another of rei t1II ...
expectation, when party induclnr .. ~
pectalion knew or shouid have ~ ...
the other would rely to his detri . ,-AI"
that conduct. . . ,
STRAUP v, TIMES HERALD
CII. a.. Pa.Super.. 413 A.2d '.3
CERCONE, President Judge:
This is an appeal Crom a final order oC the
court below vacating a preliminary injunc-
tion previously granted by the court and
dismissing plaintiCCs' complaint. This equi-
ty action was commenced by appellants Joel
Straup, Preston Straup and Emerson Krie-
bel who sought inJunctive relleC enjoining
the appellee, the Times Herald, Crom Inter.
Cering with appellants' newspaper "distrib-
utorships." The events giving rise to this
appeal are as Cellows.
In 1927, the appellant Emerson Kriebel
purchased a newspaper "distributorship"
Crom the appellee, the Times Herald, Cor
$2,000.00. The distributorship Involved a
certain geegraphic area as well an the then
existing customer list. Kriebel's "distribu-
torship" gave him the right to act IIlI the
exclusive distributor oC the Times Herald
Newspaper in a speciCied geographic area.
The term or duration oC the distributorship
was, according te Kriebel's testimony, Cor a
IiCetime. From 1927 to 1974, there Willi no
written contract between the Times Herald
and Kriebel.
Appellant Preston Straup purchased Cor
$10,000 his exclusive "distributorship" In
1946 Crom WUliam McLaughlin, himself a
distributor who purchased the route Crom
his predecessor, John Rockey. The pur-
chase by Preston Straup was approved by
the circulation manager oC the Times Her-
ald. On June 28, 1946, the "distributorship"
became the subJect oC a written agreement
between Straup and the Times Herald,
which agreement provided Cor a one-year
term and the right to terminate upon seven
days notice. From that time until 1974,
Straup werked without any written con-
tract with the Times Herald.
Appellant, Joel Straup, purchased his
Times Herald exclusive "distributorship"
Crom Charles Childs in 1974 Cor $15,000.00.
This purchase was acknowledged and ap-
proved then by appellee's circulation mana.
ger, altheugh no written contrect between
appellee and Joel Straup existed at that
time.
;
I
I money damsgea
12. Estoppel -52(1)
Estoppel is essentially a flexible doc-
trine, to be applied or denied as the equities
between parties preponderate.
13. Estoppel _55
The <',,:trlne oC equitable esteppel is
used to protect the reasonable expectatiens
oC party who relies en another's course oC
conduct to the Cormer's detriment in order
to insure Cundamentally Cair dealing.
14, Estoppel -52.15
The essential clements oC estoppel arc
misleading words, conduct or silence by par-
ty against whom estoppel is asserted, unam-
biguous prooC oC reasonable reliance on the
misrepresentation by party seeking to as-
sertthe estoppel, and no duty oC Inquiry on
lhe party seeking to IIlISCrt estoppel.
15. Contracts -217
Injunction -59(1)
Where newspaper treated its dealers as
owners oC exclusive newspaper distribulor-
ships covering specified geegraphical areas,
newspaper knew that consideratien passed
Cor the purchase oC distributorships and was
silent In Cace oC that knowledge, and news-
psper represented by its words, silence and
conduct that distributors were owners oC
property which they could sell Cor value and
not merely parties to daily contracts ter-
minable at will, distributors had clear con-
tractual relationship with newspaper and a
kind oC conditienal property right in distrib-
utorships that could not be terminated at
will: thereCere, newspaper would be en-
Joined Cram depriving distributors oC their
reasonable expectations that they owned
~helr distributorships, and would be prohib-
Ited Crom terminating distributorships in
absence oC prooC that distributors provided
deficient service to customers.
n must establish
! ts, not ene that
d that irrep....
ealcncd by CslI.
CerCeiture, and
,Corce a Corlci.
,ntract is nego.
considcring lhe
,vely pverning
unding circum.
1 oC parties are
lie estoppel is
.Cen.. and u
:leadings; Call.
! eC equitable
r oC that de-
'1032, 42 PLC.
,s detrimentsl
I when party
tentionally or
~duces anoth.
exist and the
,ts upon such
be preJudiced
'ny the exist.
,trine oC Cun.
preclude par-
C reasenable
cing the ex.
known that
.riment upon
Marvin L. Wilenzik, Norristown, Cor ap-
pellants.
1 Edward F. Kane, Nerristown, Cor appel-
ce.
BeCore CERCONE, President Judge, and
WATKINS and HOFFMAN, JJ.
Pa. 715
I
i
I
I
I
, !
; !
Iii
I"
i
I
1
.
~
"
,
,
r,
;
, '
,
; I
. .
, '
, i
716 Pa.
423 ATLANTIC REPORTER, 2d SERIES
.;
.:\
I I
1
I
Each oC the three appellants was respon-
lible Cor maintaining bookkceping recenls
for his route and each assumed responslbili.
ty Cor bad debts and risk oC less. Each
appellant employed paperboys to deliver the
newspapers In his area. Appellee controlled
the retail price oC the newspapers sold by
appellants and also directed all pre motional
campaigns.
On January 16, 1974, appellants Kriebel
and Preston Straup signed one ycar con-
tracts with the Times Herald, each conlract
containing a seven day cancellation clause.
On February 25, 1975, Joel Straup signed
the same contract.
Beginning In Octeber, 1974, appcllants
began to receive newlpapers Crom appellee
without the advertising sections inserted.
Appellants then retained an attorney to ne.
gotiate a contract with the appellee with a
view to increasing their compensation and
obtaining an assumption by the deCendant
of the insertion oC advertising circulars.
No contract Willi cver executed. Finally,
appellants' attorney notiCied the nppellee
that, beginning May 1, 1977, it must assume
responsibility Cor the insertien oC lhe circu.
lars or the appellants would make no deliv-
eries. When appellee reCused to so agree,
appellants reCused to pick up the newspa.
pers Cor delivery. Consequently, appellee
immediately began to contract directly with
many of the paper deliverers Cermerly used
by appellants. The Times Herald thus be-
gan distributing its newspapers directly to
its readers in the aCCected areas, a practice
which conCormed to the distribution method
utlllzed by appellee Cor the balance eC its
circulatien, appellants being the only re-
maining "dealera" oC the Times Herald.
This situatien continued until May 9, 1977,
when appellants commenced this litigation.
Appellants charge that the trial Judge
erred In not holding that appellants pos-
sessed exclusive distributorships which were
to remain eCCective Cor so long as the holder
satisCactorily delivered neWlpapers, in not
holding that appellee is equitably estopped
Crom terminating appellants' distributor-
ships and, also, in not holding that appellee
intentionally interCered with appellants'
property rights.
,
,Ji
/;
.,
As to the CIrst oC these assignments of
error, the recerd does not bear out appel.
lants' contention. "The general rule Is that
when a contract provides that one party
shall render service 10 another, or shali act
as his agcnt, or shall have exclusive sales
rights wilhin certain territory, but does not
speciCy a deCInlte time or prescribe condi.
tions which shall determine the durallon oC
the relation, the contract may be terminlt-
ed by either party at will ... (cilstlono
emilted). It Is true that such a result does
not Collow in every instance, because It Is
thc intention oC the parties which Is lbe
ultimate guide, and, in order to aacertsin
that intention, the court may take into con.
sideration thc surrounding circumstsac:es,
the situation oC the parties, the objects lbey
apparently have in view and the nature of
the subJect matter oC the agreement." La.
brecht v. Laurel Stripping Co., 387 Pa. 393,
396, 127 A.2d 687, 689 (1956) quoting Slo-
nakcr v. P. G. Publishing Co., 338 Pa. 292,
296, 13 A.2d 48, 50 (1940). See also Brav.
man v. Bassctt Furniture lndultries, lnc.,
552 F.2d 90, 92 (1977).
[1] The appellants, plaintiCCs below, had
the burden oC overcoming the presumpllon
that any contract which may have existed
bet ween the parties Willi terminable at will.
Lubrecht, supra. The necessary proof
would involve a consideration of several
Caeters Including the clrcumstences lur.
rounding the execution oC the contracl, tho
situation eC the parties, the objects they
apparently sought and the nature of tho
subject matter oC the agreement. An eval.
uation oC these Cactors would IUJlllt
whether the contractual relationship con'
templated by the agreement wan to endure
Cor a reasonable time or Cor somo particuiar
period.
[2] The "terminable at will" presumpo
tion may be rebutted not only ~y evlde:
showing a contrary understandlRg bYwf
contracting parties, but also by sho ~
that a plaintiCC-agent gave ~. deCe the
principal consideratien in addition to .,....
. "It ia tho ..t.....
agent's normal services. lope
law or agency that iC the agent or eJIIp
ignmenls oC
ar eut appel-
ral rule is that
hat one party
er, er shsl\ act
exclusive sales
, but does not
rescribe condi-
the duration eC
ay be terminal-
I .., (citations
Ich a re.ult does
ce, because it is
es which is the
der to ascertain
ay take into con.
K circumstances,
. the obJects they
.nd the nature of
agreement." Lu.
~ Co., 387 Pa. 393,
956) queting Slo-
i' Co., 338 Pa. 292.
'\. See also Brav-
.e Industries. loc.,
,intiCes below, had
'g the presumption
may have existed
terminable at will.
necessary prooC
eration oC several
=ircumslances Bur..
,C the contract, the
I, the objects they
the nsture oC the
'1'eemenl. An eva!-
;rs would suggest
,I .-elationship con-
ment was to endure
. Cor some particular
, at will" presumP' .
lot only by evidence
nderstanding by lbe
ut also by showing '.
t gave a delendsnt
I in addition to lbe
.s. .. \l is the settled .
he agent or emplOY"",:'
l
..
STRAUP v. TIMES HERALD
Cite at. PLSuptr.. 423 A.2d 713
Pa. 717
furnishes a consideration in addition to his
mere services, he is deemed to have pur.
chssed the employment Cor at least a rea.
sonable period where the duration oC the
employment is not otherwise defined."
Cumminp v. Kelling Nut Co., 368 Pa. 448,
451,84 A.2d 323,325 (1951) (quoting 4 Willi-
ston on Contracts (Rev.Ed.) ~ 1027-A at p.
2847 et seq.).
[3] Appellants argue that the evidence
supports their contention. Because all
three appellants paid consideratien Cor their
distributorships, they assert the distributor-
ships should be held to last Cor as long as
the distributor, or his sueccssor iC he also
paid consideration, satisCactorily perCerms
his duties. They Curther argue that the
express understanding between appellant
Kriebel and appellce at the time he pur-
chased his distributorship was that it was to
Isst Cer an leng an he satisCactorily per-
lormed his duties. By inCerence Crem ap-
pellee's course eC conduct, appellants centin-
ue, a similar understanding existed between
appellee and the eriginal predecessors el
sppellant Straup. Thus, it seems, the dis-
tributorships would be perpetual so leng as
esch successive distributor satisCacterily
pcrCorms his duties. We disagree.
It is Car Crom clear in this case whether
the Cacts presented at trial established an
intentien oC appellee and its original distrib-
utors, including appellant Kriebel and the
Straups' prcde.:essors, that the agreements
they entered into weuld or could continue,
in eCCecl, Corever, er even Cor a liCetime.
No written contracts were executed when
the distributorships were created. The only
evidence on the Issue oC duration introduced
to support the contention that the agree-
ments oC Kriebel and the predecessers oC
the St,,&ups were to lant a liCetime was the
testimony oC Kriebel himseU that he under-
.tood his distributorship Willi to last a liCe-
time. The eriginal predecessors oC the
St~aups arc unknown or dead. This is lillle
eVidence upon which to base so grand a
contention an an irrevocable grant oC an
exclusive distributorship. The Caclthat ap-
pellants paid censideratien Cor their distrib-
utorships is also net dispositive oC the issue
oC the duratien oC the distributorships.
Kriebel did pay $2,000 directly to the Times
Herald Cor his distributorship, but that Cact
by itselC does not give him that position Cor
his IiCetime. The mest that the payment of
consideration guaranteed Kriebel wan a dis-
tributorship Cor a reasonable time.
"IC the principal received Cer his promise
to employ the agent considerations other
than a mere premise by the agent to
serve, and no time is specified by the
terms oC the agreement, the principal's
promise is interpreted as a premise to
employ the agent Cor a time which is
reasonable in view or the purposes or the
party giving the consideratiens... Cum-
mings, 368 Pa. at 456, 84 A.2d at 372
(quoting 4 Williston on Contracts) (Rev.
Ed.) ~ 1027-A at p. 2847 et seq.).
Appellants Straup paid the consideration
Cor their distributorships to their predeces-
sors and not to the Times Herald. Even iC
their original predeccssors paid considera-
tion directly to the Times Herald, the
predecessors would be subJect to the same
general rule oC reasonable time period as
Kriebel hlmseU ia subJect.
The case oC Slonaker v. P. G. Publishing
Co., 338 Pa. 292, 13 A.2d 48 (1940) bears
much relevance Cor this case. In Slonaker,
the plaintiCC purchased a newspaper distrib-
utorship Crem another distributor or de-
Cendant's newspaper aCter consulting with
deCendant'a circulation manager. The cir-
culation manager encouraged the plaintlCC
and oCCered the newspaper's assistance
sheuld the plalntiCr ever desire to resell.
ACter working six years as a distributor, the
plaintiCC decided to sell, but deCendant's
circulation manager took the positlen that
plaintiCC had no right to sell. The deCend-
ant then began to distribute the newspaper
in plaintiCrs area through its own employ-
ees. The plaintiCC sued alleging that his
conversation with the circulatien manager
constituted a contract between plaintlCC and
deCendant in which the deCendant agreed to
give plaintiCC the exclusive right to distrib-
ute newspapers in the speciCied geographic
area and to assist plalntiCC iC he desired to
resell. Viewing the conversation between
! . i
, \,
~1 ,
~ \'
1,1\
li'li:,1
l If
. i,;!~,
! ;1111,
.,~.
'. 'I' "
., I
- ~. I
:!\ i'
. ,
.1
718 Pa.
423 ATLANTIC REPORTER, 2d SERIES
, I:
;1
) "
it
.j
,
deCendant's circulation manager and plain-
tlCC as creating a conlract, the Pennsylvania
Supreme Court nenetheless aCCirmed judll"
mentfor the deCendant. The court so held
because it could not Cind that the deCendant
gave any assurances regnrding the length
oC time that the relatienship would contino
ue. The plaintiCC had contended that the
defendant was obligated to give him an
exclusive agency Cor "lIlIlong IIlI he cared to
exercise It, even Cor liCe IC he so desired."
In this regard the court stated:
"It might be anked in this connection
whether a resale would carry with it a
similar measure oC duration and so on in
perpetuity to all Cuture assignees, or
whether the agency in the hands oC a
purchaser Crom plaintiCC would be reduci.
ble, at the moment oC purchase, to one
terminable at will oC deCendant....
there Willi no suggestion that deCendant
would give to plaintiCC, or to any purchas.
er Crom him, an irrevocable grant oC the
right to buy and distribute the Post-Ga-
zette . .. To constitute a unllaterai com-
mitment oC that magnitude there weuld
be required language oC Car more precise
and unmistakable character." ld., 338
Pa. at 295, 13 A.2d at SO.
The meager evidence presented eencern-
Ing the terms oC Kriebel's contract with the
Times Herald Calls to support his contentien
that his contract wan to lant Cor his liCetime.
Regnrding the Straups, there is no evidence
that either oC them ever had a contract
with the Times Herald Insuring them a
IICellme distributorship. Instead, the evi-
dence suggests that they both purchased
from prior distributors and that neither had
any direct conCerences with anyone at the
Times Herald regarding his working ar-
rangement. Thus, the working arrange-
ment that existed between appellants and
the Times Herald weuld erdlnarily be ter-
minated at the will oC either party.
Our analysis does not end here, however.
In deciding the general question beCere us
in the cane, whether the lower court abused
Its discretion in denying permanent injunc.
tive relleC, we are led to the conclusien that
the Times Herald unJustiCiably terminated
'j
I
I
the working arrangement it had with appel.
lants.
[4-4;] Pennsylvania courts sitting in eq.
uity have jurisdiction to prevent the COnlin_
uance oC acts centrary to the law or preju.
dicial to the interest oC individual rights.
This includes the authority to enjoin wrong-
Cui breaches oC contract where money dam-
ages are an inadequate remedy. Levele v.
National Fuel Gas Dislrib. Corp., 24S PLSu-
per. 510, 366 A.2d 270 (1976). However, a
party seeking the injunction must establish
that a clear legal right exists, not one that
is doubtCul or uncertain, Locust Club v.
Hotel and Club Emp. Union Loc41 668,
AFL-ClO, 397 Pa. 357, 155 A.2d 27 (1959),
and that irreparable and permanentinjul)'
is threatened by a Cailure to grant relief.
School District of Pgh. v. Zebra, 4 PI.
Cmwlth. 642, 287 A.2d 870, rev'd 449 PI.
432, 296 A.2d 748, appeal after remand, 15
Pa.Cmwlth. 203, 325 A.2d 330 (1972). In
the instant cane, the lower court concluded
that a clear and unmistakable right had not
becn proven by the plaintiCCs-appeUanls'
concerning their relationship to the Times
Herald. Our review oC the law and evi.
dence leads us to a diCferent result. Fur.
thermere, we are mindful oC the concept
that equity does not favor forCeiture, end
that it has long becn held that courts should
hesitate to enCorcc a Corleiture. Burac-
lough v. Atlantic Refining Co., 230 Pa.Su.
per. 276, 326 A.2d 477 (1974). Ilthe con.
tract here Willi determined to be terminable
at the newspaper's wlll, the result would
indeed be comparable to a forleiture In
light oC appellants' long term working reJ~.
tionship with the Times Herald, and thelt
Investments in the distributorships.
[7] In arriving at its decision, the lower
court Called to consider the broad Cuncllon
oC courts which is to determine the intent of
the parties as maniCested by their dealill(ll
with each other and their busin.... condud
throughout the years. Of course, the writ-
ten agreements signed by appellanll ~
one part oC our determination oC the InleD
oC the parties and the scope of the ar:-
ment as they understood it. HO~
where no extension eC a contract Is
STRAUP v. TIMES HERALD
Pa. 719
Cite... Pa.Super.. 413 A.2d 713
sted, there is no basis Cor considering the
expired contract as definitivel)' governing
the rclatienshlp oC the parties. AIJpcal of
Cumberland Valley School Dislrict, 31 Pa.
Cmwlth. 407, 376 A.2d 674 (1977). The sur-
rounding circumstances and subsequent
acts oC the parties arc important to show
intent. Philadelphia Fresh Food Terminal
Co. v. M. Levin & Co., 239 Pa.Super. 287,
361 A.2d 886 (1976). The testimon)'
presented in the instant case leads us to
conclude that appellants proved they had a
contractual relationship subject to the pro-
tection oC the equity courts.
[8] Appellants suggest that appellee
was equitably estopped Crom terminating
the exclusive distributerships possessed by
the appellants because oC the words, silence
and conduct oC appellee's emplo)'ees. The
doctrine oC equitable estoppel is ordinarily
advanced as a deCense and as such must be
rsised In the pleadlnrs under the New Mat-
ler heading. Failure to so plead the dc-
Cense oC equitable estoppel constitutes a
waiver eC that deCense. Pa.R.Civ.P. 1030,
1032. Although the lower court addressed
the merits oC appellants' claim oC equitable
estoppel, it held Initially that appellants had
waived their right to raise that argument
by Calling to plead it speeiCically. The low-
er court said that the doctrine oC equitable
estoppel had not becn pleaded, nor raised at
previeus hearinrs or arguments, nor men-
tiened In the three previous brieCs Cited b)'
appellants and thus had been waived.
However, appellants raised this argument
net as a deCense but rather as the aCCirma-
tive basis oC their request Cor inJunctive
relleC. The equitable estoppel doctrine is
ene oC the antecL<lents oC the modern doc-
trine eC detrimental reliance or promissory
estoppel. As Dean Murray states in his
treatise:
"Normally, equitable estoppel reCerred to
a situation in which a part). made a Calse
representation to, or knowingly concealed
material Cacts Crom, another party with
the intentien that the innoeent party
should act upon the Calse representation
or concealment. [However, courts often
held the doetrine oC equituble estoppel te
apply even where no Calse rep......ntation
or concealment oC material Cacts existed.]
The promise was enCorccable because the
promisee had altered (his] position to [his]
detriment in the reasonable belieC that
the promise would be perCormed. The
develepment making the promise enCorce-
able is reliance, and the use oC the estop-
pel concept may be laid to the Celt neces-
sity to find a doetrine which would sup-
port the result the courts sought to
reach." Murray on Contract!, pp. 90-91
(Rev.Ed.1974).
Whether the phrase "equitable estoppel" or
the phrane "detrimental reliance" is used,
the basic centention oC the appellants is
clear: Appellee ought not to be permitted
to deny that through its representations to
appellants it induced appellants to believe
that certain Cacts existed, the existence oC
which Cacts the appellants rolled upon In
purchasing and operating their respective
distrihutorshlps. The evidence presented
by appellants demonstrates the actions and
inactions oC appellee upon which appellants
rei)' in making their L"Iuitable estoppel ar-
gument. Because appellants did not use
the labels "equitable estol'pel" or "detri-
mental reliance" at some prior stage oC the
proceedings does not mean that they have
waived their right to so Crame the issue
now.
[9] The purpose oC contract law may be
StatL..! as the CulCillment oC expectations
induced by the making oC a promise. Mur-
ray SUI"., at p. 195. It is well established
that a promise which induces detrimental
reliance should be enCorced. ld. at p. 196.
The Restatement (Sccond) oC Contrects ~ 90
(Tent. DraCt No.2, 1965) provides:
"Promise Reasonably Inducing Action or
Ferbearance. A promise which the prom-
isor should reasonably expect to induce
action er Corbearance on the part oC the
promisee or a third person and which docs
Induce such uetion or Corbearance Is bind-
ing iC inJustice can be avoided only by
enCorccment oC the promise. The remedy
grunted Cor breach may be limited as
justice requires."
Comment u to this section states:
"This SL",tion is often reCerred to in terms
or 'promi..,or)' estoppel,' a phrase sug-
!
. \"
I .
, .
, 'I
.
, I
1
. ~ i
1. j.
: !I:
di
: ~~! '
: inn :1
"I ~ ,; l : i I
,; ,
'. \, ,II
tl ;,:j
:1 ill
tl 'j. .
I' '
. I':"
; Ii I
i; I
:' I
" ,
,
I,
l:
,j'
720 Pa.
423 ATLANTIC REPORTER, 2d SERIES
t II
)1
gesting an extension oC the doctrine oC
estoppel. Estoppel prevents a person
from showing the truth contrary to a
representation oC Cact made by him alter
anether han relied on the representatien.
See Rest. Agency, 2d ~ 88, Rest. Terts 2d
U 872, 894." Restatement (Second) oC
Contracts ~ 90, comment a (Tent. Dralt
No.2, 1955).
[1G-13] Equitable estoppel arises when
a party by acts or representation Intention-
ally or through culpable negligence, Induces
another to belleve that certain Caels exist
and the other justifiably relies and acts
upon such belief, so that the latter wlll be
prejudiced If the former Is permitted to
deny the existence oC such facts. Board of
Educ. of School Dist. of Phila. v. Philadel-
phia Fcd'n ef Teachers Local No.3, AFT,
AFL-ClO, 40 Pa.Cmwlth. 490, 397 A.2d
1273 (1979); Northwestern Nat'l Bank v.
Commonwealth, 345 Pa. 192, 27 A.2d 20
(1942). Reduced to Its essence, equitable
estoppel is a doctrine of Cundamental Cair-
ncss intended to preclude a party Crom de-
priving another of a reasonable expectallen,
when the party Inducing the expectatien
knew or sheuld have known that the other
would rely to his detriment upon that cen-
duet. Commonwealth ex reI. Gonzalez v.
Andreas, 245 Pa.Super. 307, 369 A.2d 416
(1976). Estoppel is essentially a flexible
doctrine, to be applied er denied an the
equities between the parties preponderate.
Matter of Reading, Co., 404 F.Supp. 1249
(1975). Thus, the doctrine oC equitable es-
toppel is used to protect the reasonable
expectations oC the party who relies on an-
other's counc of conduct to the Cormer's
detriment in order to Insure Cundamentally
Cair dealing.
[14] The essential clements oC estoppel
are:
"(1) Misleading words, conduct or silence
by the party against whom the estoppel Is
asserted, (2) unambiguous prooC oC rea-
sonable reliance on the misrepresentatien
by the party seeking to assert the estop-
pel, and (3) no duty oC Inquiry on the
party seeking to lIlISert estoppel." Slo/ar-
ick v. Sto/arick, 241 Pa.Super. 498, 509,
363 A.2d 793, 799 (1976).
,'J
[15] In the instant eaac, the Times Her-
ald engaged in a eeunc oC conduct in which
its dealers were treated an owners of exclu.
sive newspaper distributorships covering
specified geographical arellll. The nawlpa_
per had knowledge of the fact that consid.
eratlon passed Cor the purchase of the dis-
tributorships, and the newspsper wan silent
in the Caco oC that knowledge. Appellanta
operated their distributorships without In.
terCerence or questions Crom the newspaper.
The newspaper did not attempt to unllater.
ally discharge any dealer or otherwise can.
cel his dealership. Instead, when the Tlmea
Herald became dissaUsCIed with appellsnt
Kriebel's perCormance, Kriebel received let-
ters urging him to dispose oC his "businesa"
and requesting that he try to find a new
"buyer." On another oceanion, the Times
Herald reCerred to Joel Streup in an article
which it published an the new "Cranchlse
dealer" and "dealer distributor" for his
area. Even the contracts which the Times
Herald asked appellants to slga In 1946 and .
1974 were never enCerced and were permit.
ted to expire.
Thus, the Times Herald represented by
its words, silence and conduct that appel.
lants were the owners oC properly which
they could sell Cor value, and not merely
parties to daily contracts terminable at will.
In approving the Straups an new purchasen
oC distributorships, the Times Heraid never
indicated to the purchasers that they were
buying a contract terminable at will. In.
stead, they ratiCied appellants Straups' ex.
pectations that they were buying something
more than a contract terminable at will.
And, in its direct dealing with appellant
Kriebel, the newspaper reCerred to him u
an owner who could sell his properlY, the
distributorship, at any time. The appel.
lants relied to their detriment en the repre-
sentations oC the newspaper when they pur-
chased the distributorships and expend.cd
their time and eCCorts in making the frlri:;
utorships suecessCul. Because oC ap~ an
detrimental reliance, the newspsper IS :OW
estopped Crom claiming that there DOlt
. I I' hip between
ongolllg contractua re atlons
and the three appellants.
DEAR v. HOLLY JON EQUIPMENT CO.
ell.... PLSuper..4U A:ld nl
Pa. 721
From this we conclude appellants have
proved clear eentraetual relationships with
the newspaper which established a kind oC
conditional property right in the distribu-
torships that cannot be terminated at will.
There is no evidence that appellants' Cailure
10 assume a new duty and insert the adver-
lising circulars was a breach oC their con-
trscts with the newspaper warranting a
termination oC the contract Cor cause.
Thus, Cailure to grant the requested injunc-
live relleC created irreparable and perma-
nent Injury to appellants who were de-
prived oC their contractual rights. The low-
er court is Cound to have abused its disere-
lion in denying InJunctive relleC.
Having determined that a contract exists
there remains the complex problem oC de-
termining the rights and duties created by
Ihe contract. Although appellee is estopped
Crom depriving appellants oC their reasona-
ble expeclatiens that they "owned" their
respeclive distributerships, the questions re-
main hew and when the distributorship S)'s-
lem may be ended by the Times Herald. It
is not reasonable that the distributorships
should last Corever iC the Times Herald no
longer wants to use such a system. The
problem oC determining the terms eC the
contract is:
"only in psrt a problem oC determining
the manlCested intentions oC the parties, a
process which is rightly called interprcta-
lien. To a large extent, it also involves
Ihe problem oC providing Cor contingen-
cics that have arisen in the course oC
perCermance which were not contemplat-
ed, and consequentiy were net provided
Cor at all, at the time the contract was
Cormed. In involves providing Cor certain
details eC perCormance left unspecified by
Ih~ psrties, either consciously or uncon-
SCIously." MurraJ' on Conlracts, supra, at
p.223.
. In our determination oC the terms eC the
,"stant contract we are mindCul that the
rcm<;dy granted sheuld be limited as Justice
reqUIres. Restatement (Second) oC Con-
t~cls ~ 90 (Tent. DraCt No.2, 1965). We
a so .recognize that we are providing Cor B
COtnt'hngency net contemplated or discussed
1)'1 .
. e parlles to this contract. It can be
.."I thaI We a . d' . II .
rc JU leI a y creatIng terms oC
a contract. Nonetheless, such construction,
we believe, is Cair, reasonable and, Indeed,
necessary under the circumstances oC this
case. Any distributorship may be ended by
the Times Herald when it can demonstrate
that the owner no longer Cuncllons eCCec.
lively, that the owner no longer meets its
standards oC employability or that the own-
er is otherwise providing deficient service
to its customers. lC the distributors main.
tain the newspaper's work standards, the
Times Herald can nonetheless end the dis-
tributorships iC it so desires by buying out
the appellants' interests at Cair market val-
ue. If there is a dispute as to Cair market
value, it may be Judicially resolved. See 1
Corbin on Cenlracts, ~ 98 (1963); Murray
on Conlracts, supra, at p. 50. This appears
to us an equitable way to protect appel-
lants, who will otherwise be preJudiced by
their reliance upon the newspaper's course
eC conduct, while insuring that the newspa-
per maintains ullimate control over its
methlMls oC doing business,
Accordingly, the order oC the lower court
is reversed and the case is remanded Cor the
entering eC an inJunction. Such inJunction
shall preserve the relationship between the
parties until one oC the aCorementiened con-
tingencies regarding termlnatien oC the dis-
tributorships shall become operative.
HOFFMAN, J., concurs in the result.
w
o ~ U,"UIiIII_snUM
Robert J. DEAR and Ruth
Dear, Appellants,
v.
HOLLY JON EQUIPMENT COMPANY
and Associates Financial Services
Company, Inc.
Superior Court oC Pennsylvania.
Submitted Mareh 21, 1980.
Filed Dec. 1, 1980.
Buyers oC triaxle dump truck brought
Bctien to recover against seller on basis oC
.
I
!
I
I
I
i
t
! I
I !
I
i
I
I
I
I: r
...._~".'.
1
~
1 MU CHING CHU AND CHIN
CHUN CHU,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
2
PLAINTIFFS
3
VS
CIVIL ACTION - LAW
NO.~~CIVIL, 1994
4
FAIRWAY PRODUCTS, INC"
AND COMMONWEALTH LAND
TITLE INSURANCE COMPANY, :
DEFENDANTS
JURY TRIAL DEMANDED
5
6
7
8
9
10
11
12
~
0 13
14
15
16
DEPOSITION OF: FRANK J. RUCK, JR.
TAKEN BY: PLAINTIFFS
BEFORE: HEATHER L. BOYER
REPORTER-NOTARY
DATE: OCTOBER 5, 1994, 1:30 P.M.
PLACE:
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
Lemoyne, Pennsylvania
<--
c:
'"'
& LINDSAY
ESQUIRE
(")t.?,
C
X.I
OUr..., :;-1
r'O,,,' "
~'.nH:I'
.r- .:-'t.
U:.J" r.'~
-":-r.-tO
:-I,.);L~
,.C')O -
r ,-,%(')
. '~- (".") IT'!
,.. ....~-t
....
.-.'"
"'-<
c:r>
17
18
APPEARANCES:
-
-
19
20
21
22
23
24
.
~ 25
FLOWER, MORGENTHAL, FLOWER
BY: JAMES D. FLOWER, JR.,
FOR - PLAINTIFFS
~
~
-
~
,
1
JOHNSON, DUFFIE, STEWART & WEIDNER
BY: ROY WEIDNER, ESQUIRE
FOR - DEFENDANT COMMONWEALTH LAND TITLE
ORIGINAL
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
2
o
1
INDEX
2 DEPONENT
EXAMINATION
PAGE
3 FRANK J. RUCK, JR.
By Mr. Flower
3
4
5
6
7
8
EXHIBITS
9 EXHIBIT NOS. MARKED
10 1 - 6/21/90 letter to Frank Ruck by Betty Closta 9
11 2 - 8/9/90 letter to Central States Realty by 9
Frank Ruck
12
o
3 - 12/14/90 letter to Frank Ruck by
13 Christopher Houston
9
14 4 - Fairway Products check for $20,000 to
Commonwealth Land Title
11
15
5 - Agreement of sale with addendum
12
16
17
18
19
20
21
22
23
24
" ,
U
25
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
(0
11
12
0 13
14
15
16
17
18
19
20
,
'V
......i....;,..:;::_.~ .
3
1
STIPULATIONS
2 It is hereby stipulated by and between the
3 respective parties that signing, sealing, and certification
4 are waived; and that all objections except as to the form of
5 the question are reserved until the time of trial.
6
MR. FLOWER: Mr. Ruck, my name's Jim Flower. I'm
7 representing the Plaintiff in this action. I'll be asking yo
8 a number of questions concerning the events surrounding the
9 deposit that was paid on this piece of property in Middlesex
10 Township. If you have any questions about what I mean, if my
question isn't clear, if you haven't heard it, please ask me
to repeat it or clarify it, otherwise I'll assume that you've
understood it, okay?
THE DEPONENT: Okay.
FRANK J. RUCK, JR., called as a witness, being
duly sworn, was examined and testified, as follows:
BY MR. FLOWER:
Q Mr. Ruck, where are you presently employed?
A Commonwealth Land Title, Philadelphia,
21 Pennsylvania.
22
And how long have you been with Commonwealth?
Q
23
Forty-six years.
A
24
What's your present position with Commonwealth?
Closing officer.
Q
25
A
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
~ 1 Q
2 position?
3 A
4 properties.
5
Q
4
And would you describe your duties in that
Making settlements for people that are purchasing
All right. You're generally contacted by a
6 purchaser; is that right?
7
A
8
Q
The purchaser or the real estate agent, yes.
And do you handle the entire transaction from
9 start to finish?
10
A
11
Q
What do you mean by the entire transaction?
Like in the course of a real estate transaction
12 it's your business to sell title insurance, isn't it?
0 13 A Yes.
14 Q Okay. Now, what's your -- what do you usually do
15 at your first contact with the customer?
16 A Well, the real estate agent will call up and orde
17 a title insurance commitment from us. And then my next
18 contact is when they come to settlement.
19
Q
20
A
21
Q
22 position?
23
A
24
Q
v
How long have you been in your present position?
Since June of this year.
What position did you hold prior to your present
Branch manager, they consolidated the offices.
Okay. How long were you a branch manager with
25 Commonwealth?
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
C"
5
1 A From 1970.
2 Q Okay. So that during 1990, 1991, that time
3 period, you were a branch manager for Commonwealth; is that
4 right?
5 A Yes.
6 Q How do you -- how did your duties as branch
7 manager differ from your present duties?
8
A
Don't have to handle all the reporting that the
9 manager does with corporate headquarters.
10
Q
11 right?
12
A
o
13
Q
14
A
Okay. The manager had more reporting; is that
Yes.
And now you --
As far -- as far as plans that he has to project
15 for the coming year, that sort of business.
16
Q
And so you had -- instead of just closing you had
17 financial projections and that sort of --
18
A
19
Q
Yes.
planning responsibility? While you were a
20 branch manager were you also closing transactions?
21
A
22
Q
Yes.
And did you handle transactions from start to
23 finish as a branch manager?
24
A
u
25
Q
Yes.
Okay. And you had been doing that for how many
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
o
1 years?
2
A
,.io.oM.J.~Ot~'~.'i
6
Since 19 -- you're asking to go back a long time
3 now, '55, 1955.
4
Q
Now, have you had occasion in your regular work
5 with Commonwealth in connection with the title insurance
6 closing to receive sums of money as a good faith deposit?
7
A
8
Q
Yes.
Would you describe what your typical procedure is
9 with respect to a good faith deposit?
10
A
Occasionally somebody will contact us that they're
11 purchasing a property and there's no real estate broker or
12 attorney involved and they want the title company to handle
13 the deposit as a disinterested third party. We will accept
o
14 the deposit and order the title insurance commitment, put the
15 deposit into an interest bearing account with the purchaser's
16 social security number, whatever.
17
Q
18
A
19
Q
20
A
21
Q
22
A
23
Q
24
A
v
25
All right.
And hold it till settlement.
You would typically get a check; is that right?
Yes.
And you would deposit that check?
(Deponent nodded head.)
You're nodding your head yes?
Yes, I'm sorry.
Q
The reason, you have to let her get the record
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
7
C\
1 straight. Now, prior to this transaction; that is, prior to
2 the action whereby Fairway Products, Inc., was interested in
3 and signed an agreement to purchase land from my clients, the
4 Chus, in Middlesex Township, had you had any other business
5 dealings with Fairway Products, Inc.?
6
No.
A
7
Q
Had you had any other business dealings with
8 Mr. George Diemer?
9
No.
A
10
Q
So this transaction is the first time you dealt
11 either with Mr. Diemer or Fairway Products?
o
12 A Yes.
13 Q Did you know of Mr. Diemer before --
14 A No.
15 Q -- this?
16 A No, I did not.
17 Q It would be a little easier for her if you wait
18 till I finish the question before you answer.
19 A Oh, okay.
20 Q Did you know Fairway Products, Inc. , before this?
21 A No, I did not.
22 Q Had either entity, either Mr. Diemer or Fairway
23 Products, sent you -- sent any customers to you prior to this?
24
A
No.
.
V
25
Q
What was your first contact with any party in
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
8
a
"H,
1 connection with this transaction?
2
A
A salesman --
3
MR, WEIDNER: Excuse me, Do you mean party to the
4 suit, people, just mean a person or what?
5
MR. FLOWER: Anyone. Anyone -- first contact wit
6 anyone in connection with this transaction.
7
THE DEPONENT: A Mr. Larry Morman who apparently
8 was a salesman for Mr. Diemer.
9 BY MR. FLOWER:
10 Q Contacted you?
11 A Yes.
12 Q Do you have any idea when that was?
0 13 A I really don't.
14 Q Sometime in '90?
15 A I know it's been some time. I would suppose, yes,
16 it would have to be '90.
17
Q
Did you make any record of that call, any note or
18 memorandum?
19
No.
A
20
Q
What do you recall of that contact to consist of?
21 What was said?
22 A He stopped in my office, introduced himself. I
23 knew his father. His father had been in the real estate
24 business in Philadelphia years and years ago. And he
,
V 25 introduced himself and said they were - - he was working for
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
o
9
1 Mr. Diemer and they were going to possibly purchase some
2 ground and he would like me to handle the title insurance
3 transaction,
4
Q
And you said you felt that he was a salesman for
5 Fairway Products, Inc.?
6
A
7
Q
8
A
9 suppose.
10
Q
Diemer, for Diemer.
What business was Diemer in, as you understood it?
I have no idea, He was a developer I would
So you did take Mr. Morman to be a real estate
11 salesman, a realtor?
12
A
o
13
Q
I would suppose you can say that, yes.
Were you aware of any real estate agent that was
14 involved in this transaction?
15
A
16
Q
17
A
18
Q
No. At that point?
At that point.
No, no.
What was the next contact you had with respect to
19 this transaction?
20
A
I suppose I received a check and said open up a
21 file, but that was -- that was it, no other correspondence.
22 (A discussion was held off the record.)
23 (Ruck deposition Exhibits Nos. 1 through 3 were
24 marked.)
.
V
25 BY MR. FLOWER:
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
~
~J
10
11
12
0 13
14
15
16
17
18
19
20
21
22
23
. .
~
10
1
Q
Let me show you what we have marked as Defendant's
2 Exhibit
excuse me -- as Deposition Exhibit 1, Are you
3 familiar with this letter?
4
A
Yes,
5
Q
Now, this is on the stationery of Development
6 East?
7
A
(Deponent nodded head.)
8
Q
What, to your knowledge, was the connection
9 between Development East and Fairway Products?
A I have no idea.
Q This just happened to appear on this stationery?
A Yes.
Q This was a letter you received referencing the
Fairway Products purchase of the property in Middlesex
Township; is that right?
A Yes.
Q And this was accompanied by a $20,000 check; is
that right?
A Correct.
Q And how was that check made out?
A Commonwealth Land Title.
Q And this letter also indicates that it is
enclosing a copy of the agreement of sale and addendums
24 thereto. Did you receive a copy of the agreement of sale and
25 addendums?
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
11
~ 1 A Yes.
2 Q Okay. Do you have those in your file?
3 A No,
4 Q In your records?
5 A I have no -- I have nothing, no files at all, any
6 files Roy may have.
7 Q All right.
8 A But I had turned everything over to our counsel.
9 MR. FLOWER: Can we go off the record a second?
10 (A discussion was held off the record. )
11 (Ruck Deposition Exhibit No. 4 was marked.)
12 BY MR. FLOWER:
0 13 Q Mr, Ruck, let's go back on the record. You recall
14 that you did receive an agreement of sale and addendums?
15
A
Yes.
16
Q
And did you have a chance to look at the agreement
17 of sale and addendum attached to the Plaintiff's Complaint as
18 Exhibit A?
19
No.
A
20
Q
Let me show you the exhibits which are attached t
21 the Complaint and I'll ask you if you can confirm whether or
22 not this was the agreement which you received, it's three
23 pages.
24
I really can't say that this is what I received.
A
u
25 I really can't -- I really don't remember.
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
12
m
>
1
Q
Okay. At this point it may be or it may not be,
2 you just don't recall; is that right?
3
A
Urn-hum.
4
Q
All right, As you look at it is there anything
5 about this agreement and the addendum that says to you this is
6 definitely not what you received?
7
A
No.
8
MR. FLOWER: All right. For the purpose of the
9 record, this is the attachment Exhibit A to the Complaint, but
10 let's mark this also.
11 (Ruck Deposition Exhibit No.5 was marked.)
12 BY MR. FLOWER:
o
13
Q
We've just been referring to the agreement which
14 is marked as Deposition Exhibit 5 and that's what you've
15 indicated may have been the agreement and addendum which you
16 received, but you're not sure, right?
17
A
Correct.
18
Q
Okay. And for the record, we have a copy of the
19 check marked Deposition Exhibit 4 and check from Fairway
20 Products, Inc., to Commonwealth Land Title for $20,000 dated
21 June 20th, 1990. Do you believe that this is an accurate cop
22 of the check which you received?
23
A
Yes.
24
Q
Okay. Now, after you received the agreement and
I
U
25 the check, what happened next in this transaction? What was
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
(")
13
1 the next thing you did?
2
A
I didn't do anything. I just held on to the chec
3 and the agreement of sale waiting for further instructions.
4
Q
When was the next time that you were contacted
5 concerning this transaction?
6 A I think that Mr, Morman called and asked if I
7 would write a letter to the real estate agent telling them
8 that I did have a check,
9 Q Let me show you what's been marked as Deposition
10 Exhibit 2. Let me ask you if that's the letter that you just
11 referred to?
12
A
o
13
Q
Yes.
And would you have been contacted just shortly
14 before you wrote this letter on August 9th, 1990?
15
A
16
Q
Yes.
Did Mr. Morman tell you what the purpose of
17 writing that letter was?
18
A
19
Q
20 that letter?
21
A
Not that I can remember, no.
What did you believe the purpose was of writing
Just that the -- he wanted somebody at the real
22 estate agency to know that I did in fact have a check for
23 $20,000.
24
Q
u
Was it your belief that this was an attempt to
25 confirm that there was a good faith payment made toward this
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
m
10
11
14
1 purchase?
2
A
I really couldn't say.
3
Q
In the answer to -- in paragraph 27 of the New
4 Matter, in the Answer in New Matter to our Complaint it's
5 indicated that at some time after that you were directed by
6 Fairway -- after August of 1990 you were directed by Defendant
7 Fairway Products, Inc., not to deposit the check. Were you
8 directed not to deposit that check?
9
A
I believe so, yes.
Q
When were you directed not to do that?
A
I really couldn't tell you that. I -- I really
12 don't remember presently.
0 13
14
15
16
17
18
19
20
21
22
23
24
u
Q Did anything -- did you take any action or did
anyone contact you concerning this transaction between the
time you wrote this letter of August 9th, 1990, and the time
you were directed not to deposit the check?
A No.
Q After you received the agreement and addendum on
June 21st of 1990 or on or about, that's when the letter is
dated, did you review the agreement and addendum?
A No.
Q You never read them?
A No.
Q Let me show you what's been marked as Deposition
25 Exhibit 3, which is a letter dated December 14, 1990, from
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
15
~
1 Chris Houston of Broujos, Gilroy and Houston, Is that letter
2 familiar to you?
3
A
Yes.
4
Q
Okay. Is it accurate that you received this
5 letter by certified mail sometime shortly after December 14,
6 1990, when it's dated?
7 A Yes.
8 Q Okay. Did you take any action or did you receive
9 any contact from anybody concerning this transaction between
10 the time you were told not to deposit the check and the time
11 you received this letter?
12 A No.
0 13 Q Did you take any action as a result of receiving
14 this letter?
15 A No.
16 Q This letter indicates in paragraph 2 that it is
17 our understanding that your office is retaining in escrow the
18 sum of $20,000 which represents a deposit for the purchase of
19 the above-referenced premises. As stated that statement is
20 not accurate, is it?
21
A
No, it's not accurate.
22
Q
Did you --
23
A
The 20,000 was not in escrow.
24
Did you take any steps to inform any party such as
Q
,
U
25 Mr. Houston or Mr. Chu that that was not an accurate
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
~
1 statement?
2
A
16
I never talked to Mr. Chu. Mr. Houston, I'm not
3 sure whether I called him and said that it was not in escrow,
4 that I still had the check.
5
Q
Do you have any recollection of calling him? You
6 said you're not sure if you called. What I'm trying to get a
7 sense of is if there's any recollection or you're just
8 speculating at this point?
9
A
No, I believe I did talk to someone and told them
10 that I have the check in hand, that I had not deposited it.
11
Q
12
A
o
13 sure.
14
Q
15 have been?
16
A
You believe you talked to someone?
Yes. Now, whether it was Mr. Houston, I'm not
Well, if it were not Mr. Houston, who could that
I don't know, you know. It wasn't -- I've never
17 talked to the Chus.
18
Q
Prior to -- let me start that over. Did you at
19 any point have any information that would confirm that that
20 check which you had been given was supported by sufficient
21 funds in an account upon which it was drawn?
22
A
23
No.
Q
You had no knowledge of that one way or the other;
24 is that fair?
,
V
25
A
Correct.
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
17
~
1
Q
After you received this letter from Mr. Houston
2 did you have any contact with Mr. Morman or Mr. Diemer or
3 anybody from their company concerning this?
4
A
No.
5
Q
Since December of 1990 when this letter was sent,
6 have you had any contact with Mr. Morman or Mr. Diemer or
7 anybody from Fairway Products, Inc.?
8
A
No.
9
Q
No conversations concerning this transaction?
10
A
Yes, I believe I talked to Mr. Diemer on the
11 telephone and said that I had received a Complaint concerning
12 the $20,000 check.
o
13
Q
And that would have been in 1994 after the
14 Complaint was filed?
15 A Yeah, whenever.
16 Q You initiated that call to him; is that right?
17 A Yes.
18 Q And what was the substance of that conversation?
19 A He said -- he told me not to worry about it.
20 Q When he said not to worry about it, did he suggest
21 to you that he was going to do something to take care of the
22 problem? What did he mean not to worry about it?
23 A I got the impression that he was going to handle
24 it from his end.
\ .
U
25
Q
That he'd take care of the problem somehow?
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
Y;
1
A
2
Q
18
(Deponent nodded head,)
Was he at all specific
anymore specific than
3 that about what he would do?
4
A
5
Q
No, not really.
Did he say anything to you about the $20,000,
6 whether that check was any good or not?
7 A No.
8 Q To this day you haven't deposited the check?
9 A No.
10 Q And to this day you haven't made any inquiries
11 about with Hamilton Bank as to whether or not the funds are
12 there to support that check?
o
13
A
14
Q
No, I have not.
Now, Mr. Ruck, I think you testified, and you hav
15 to correct me if I'm wrong, earlier that you would have
16 transactions where you would be holding funds and that you
17 would generally deposit the check in an escrow account as
18 security; is that right?
19
A
20
Q
If we were asked to insure the title, yes.
All right. Now, what was it about this
21 transaction that made you deviate from that procedure?
22
A
I was just told to accept the check and hold onto
23 it for further instructions.
24
Q
u
25
A
Told that by Larry Morman?
Yes.
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
o
1
Q
..~".:';'
19
Let's go back to Deposition Exhibit 2, a letter t
2 Mr. Jolliff indicating that you have a -- you have received a
3 check ill the amount of $20,000. Who came up with the wording
4 for that letter, Mr, Ruck, you or Mr. Morman?
5
A
6
Q
I did.
Did you feel that in writing this letter you were
7 reassuring them that they had a good faith
8
A
9
Q
I was just telling them that I had a check.
Just so I'm clear, when you received the original
10 letter that's marked as Exhibit 1 with the check, at that time
11 you didn't have any specific instructions as to whether or not
12 to deposit it?
o
13
A
14
Q
That's correct.
And sometime later you received a call from Larry
15 Morman saying hold onto that check, don't deposit it?
16
A
17
Q
18
A
19
Q
Yes.
Do you recall how much later?
No.
On other occasions when you receive funds and
20 deposited them in escrow accounts for clients, didn't you have
21 a signed escrow agreement setting forth your rights and duties
22 with respect to that
23
A
24
Q
o
25
A
Yes.
-- transaction? Invariably?
Generally we have a copy of the agreement of sale
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
~
20
1 and an escrow agreement 'cause we have to provide the bank
2 with a social security number.
3
Q
Do you have a standard form that you use for that
4 escrow agreement?
5
A
6
Q
Yes.
Can you provide that to your attorney and ask that
7 he provide that to us?
8
A
9
Q
Sure.
And you're saying it's your recollection that
10 whenever you received a payment whenever you received a check
11 for a party that was obtaining title insurance through you,
12 you would have that escrow agreement signed?
o
13
A
14
Q
Yes.
Mechanically how would you -- let me ask you,
15 would you have the agreement signed at the same time that the
16 check was dropped off or would you send it out? How would yo
17 have that signed?
18
A
It depends. Either if we had time we'd prepare
19 the agreement when the people were there; or if the check was
20 mailed in to us with the agreement of sale, we'd have the
21 escrow agreement prepared and then mailed out to the people t
22 be signed.
23
Q
Did you do that right away or did you let some
24 time elapse before you send it?
\'
U
25
A
No, we'd send right away.
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
.-......::.:...;.;,..
21
~
1
Q And when you received the letter dated June 21,
2
1990, marked as Deposition Exhibit 1 along with the check for
3 $20,000 did you send out an escrow agreement to be signed?
4
A
No.
5
Q
Why not?
6
A
'Cause I wasn't -- I was told -- I wasn't told we
7 were to order title insurance. All I was told, here's the
8 check.
9
Q
Did you ask what the check was for?
10
A
No, the -- you know, the letter says whatever it's
11 for, deposit check.
12
Q
And you knew that the check was the same $20,000
o
13
referred to in the agreement, didn't you?
14
A Yes.
15
Q
Aside from what you've already testified to, did
16 you at any point ask Mr. Morman or Mr. Diemer what that check
17 was for and how it should be handled?
18
A
No.
19
Q
Did you ever contact the realtors involved,
20 Mr, Jolliff, or any other realtor --
21 A No,
22 Q -- let me finish.
23 A Oh.
24 Q -- to ask how this check should be handled?
25 A No.
U
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
~
1
Q
22
So is it fair to say that you perceived your role
2 in this matter as simply holding the physical check; is that
3 right?
4
A
5
Q
Correct,
Now, in the letter of June 21, 1990, Exhibit 1,
6 the last sentence says please start a file for same; is that
7 right?
8
A
9
Q
Yes.
And the only reason for starting a file would have
10 been to open a file for the purpose of selling title insurance
11 for this property, right?
12
A
o
I really didn't know what they meant by start a
13 file. The file I started was the letter and the check and th
14 agreement of sale.
15
Q
When a realtor sends you an executed agreement of
16 sale and says they want to purchase title insurance through
17 you, you'd start a file, right?
18
A
19
Q
Yes.
Just as in this case when they send you the
20 agreement of sale, you would start a file?
21
A
22
Q
If someone tells me to order title insurance.
Is there any reason why they would have asked you
23 to start a file other than to alert you to the fact that they
24 were going to purchase title insurance through Commonwealth
v
25 Land Title?
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
,..,-,.,~._, - ~
23
~
1
A
No,
2
Q
So you would have expected that you were going to
3 write title insurance on this transaction?
v
4 A
5
6 Mr. Ruck.
7
8 2:00 p.m.)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
possibly sometimes in the future.
MR, FLOWER: I think that's all I have for
(Whereupon, the deposition was concluded at
o
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
a.
24
1 COMMONWEALTH OF PENNSYLVANIA)
) ss
2 COUNTY OF CUMBERLAND )
3 I, HEATHER L. BOYER, RPR, a Court Reporter-Notary Public
4 authorized to administer oaths and take depositions in the
5 trial of causes, and having an office in Mechanicsburg,
6 pennsylvania, do hereby certify the foregoing is the testimon
7 of FRANK J. RUCK, JR., taken by Plaintiffs at JOHNSON, DUFFIE,
8 STEWART & WEIDNER, 301 Market Street, Lemoyne, Pennsylvania.
9 I further certify that before the taking of said
10 deposition the witness was duly sworn; that the questions and
11 answers were taken down in stenotype by the said
12 Reporter-Notary, approved and agreed to, and afterwards
o
13 reduced to computer printout under the direction of said
14
15
16
17
18
19
20
21
22
23
24
U 25
Reporter.
I further certify that the proceedings and evidence are
contained fully and accurately in the notes taken by me on the
within deposition, and that this copy is a correct transcript
of the same.
IN WITNESS WHEREOF, I have hereunto subscribed my hand
this Aath day of October, 1994,
"-'.<.co. ..u~" -J- ~.,"\ q,..
NOTARY PUBLIC ~J
N('I~';.,l ~_~:',"I
Hr::'lhN L t'ol",..~r r':1l:""! p".....,c
Lo""", /<.~:l '1'\"" I...~....."..; ;'or;...;~; n'
'~y ,.... ,.",--...., ~[.., .' -" . .... '!. ,'I
. ....,,1,.. ~ .:.'" ..I;::I':;.~ '"tb I., ::;.",
-,----_.- --.-.. ., --..'
My Commission Expires February 14, ilfg'B' ;"""I.,--.i:::":.:.::";::;,.;.;..,,,,.
CENTRAL PENNSYLVANIA COURT REPORTING SERVICES
(717) 258-3657 or 236-5590
_-'. _II . .... .1'....
,.
.".. ,......-'.......
I . '-' ~
-'.
.."
,
,II
. ~!I.. I
Ii
. . 'III
DEVELOPMENT EAST
June 21 f 1990
Mr. Fran~ J. Ruc~, Jr.
Commonwealth Land.Tltle Insurance Co.
18 Hest Hilltop Road
Ph11adelphf&, Pennsylvania 19118
Re: Fa1rw~ Products Ine.Jehu Property
Middlesex TownshlD. Cumberland Qp~tv. PA
Dear Mr. Ruck:
o
Per Larry Morman's Instructions, I am forwardIng to you a eopy of
the agreement of sale. addendums theret,. and deposIt check 1n the
amount of $20,000.00 re the above property. Please start a fIle for
same. Thank you.
Very truly yours,
DE ASSOCIATES. INC.
tJdtr~
';ett!Closta
bcJ2730B
Enclosures
~
a sign that business Is good
510 Sculh 8urnt Mill Rd. . Voor"llt5. tLJ 0ell43 . (609)428-1832
T",-~",,,,,, Nn <<61)91428.3025
II WtS' HoJIOP R,*, .. ,
ItIlI.ddpllI.. PA 191
215.247.11010
---..
~
II
Commonwealth
Land Title Insurance Company
AugUSt g, 1990
RE: QIu Property
MMdlesex 'l'O\'IJ1libip
cunberland OJ., penna.
CENrRAL 8l'ATES REAIll'Y, IN:.
15 state Averoe 91ite 103
Carlisle, Penna. 17013
M'rN: 1lOb!!rt Jolliff
.;'ar Mr. JOlliff,
'Ibis ...'ill continI that \\Ia ha~ 1."eQ!iived a check in the 6IlCW\t of
$20,000.00 horn Faixway Products, Inc. representil'X] a deposit on the above captioned
p~Ly.
~
.
.. Reliance
. "1I..liaM' tin., ~lo'"t't Coml*')
, .
......,
....
~N H, &ROUJOS
..UI!RT X, CILROY
CHll.lSTOPH!1l. C. HOUSTON
BROUJOS, CILROY /i) HOl;3TOK P. C.
ATTOP-N EYS AT lAW
.. NOll.TH HANOVER .STlUET
CAII.USLE, PENNS'l'lVAN/A 17013
7"_ 243 -457.
NO/ol'TOLL '0" ""'''IUJaU''C;: M~^'
717.70.-1090
'Net ",..~.U21'
December 14, 1990
CBMIFIBD MAIL
RE~RR RECtIPr REQUES~D
Hr. Frank J. Ruck
Branch Manager .
Commonwealth Land Title
In8urande Company
18 West Hilltop Road
Philadelphia, PA 19118
(;j
RE: Chu to Pai~ay Products, Inc.
Middlesex Township, Cumberland County, Pennsylvania
Dear Mr. Ruck:
Please be advised that this office represents Mr. and Mrs. Chu who
are the owners of those certain premises located in Middlesex
Township, Cumberland County, Pennsylvania, whioh are under and
subject to a certain Agreement of Sale dated June 6, 1990, entered
into with Fairway PrOducts, Inc.
It is our understanding that your office i8 retaining in escrow
the sum of $20,000 which represents the deposit for the purchase
of the above-referenced premises. This is to advise you that
these funda are not to be released pending receipt by you from the
sellers of a written authorization for the release of the.. funds.
Christopher C. Houston
kb
CCI Central StateB Realty, Inc.
Barry Snyde.r:
Fairway Produots, Ino.
Hr. and Mts. Chu
\
~
C;t
" , . . :':; r',
. ,.t" ':.:~::"~~'::','i:~'..~~<~ ::~'; ; -:~.::.: .~.' .
........ ,"',"
.'t....
o
)
)
.,
.~.. ~.-:'~: ::. .
\-J
-, I,..'!
',' "
. l~:
.~ '.
{ .~ :~~-, ~
,.i;::;........;..;o{ 1 ;- .
t1'."\,,,....:.. .
.;1].:" .;~~.i':;t it.:t"'.t.:.,.
:\:......'"' .~.~. ':~' ~.;...,:: :;'1;: ."' .- . .
:.,~... "'::~~~~~;'i~i.:.::.:..
.'.
.
. .
C:::.\
&. '.',
.,,>~.., - .
.~. '.;~ do ~', .
~.- ; : :: '; ~~::'.W~~~ :"; .
,_.L,
. .. ~:"';! .. ..
. ,", .:1'." ' . ,;~j\ :..;~ ~" '.
. " ..... ,.:!!<,- ..,. .
. .~'.11l. <.~,.,.,.,.,...,.
. .~... ,,,~,.."
III
U'..I' l :', ~ll 1111""
'.:,1 - ':. .... t-...:... j ~t .. .. ..'
X I ",1I~~ 4";0 ()1~ [1l,IJEt.IJI'IIEIlT 1:11$1
".
1t000ltA I\C;IU~KMEN'I' IIOIl TIlt; S^L~; OJ! COMMERCIAL REAL ES'J'Al'l!: COAlnlo~11l
.,.. """ C.III.IMlnll.,'.J<rql1NANIAMAlIa.\I1ONllrwLlv...." S" C 19I9C
..."'.. "-'ftl
:. 101":;::;; AGI\NT t'UR Sm,LEk C5UUMlltNT FOK SULF. ;::; ~.:.. EXHIBIT
II.', CeI>JT!eAI.. Sll'li( l'efu..T'r' ,.' ,
':~'.."..,..".::~I."" ~",~t1jtt\J~AiSl,)'~,li3 ((,(,. ~ 5-
rA. L1C1I.:N.!;W OIlOKER J'A, LICJtNSEU DROKE P
US AGREEMENT,lhl....... ..G.~..............,.. d.y 0'." :o...Jc)1lJ e, A [I 199Q
PRINCIl'ALSI Behmn..,." ,Nvr;t'!/.J.).a..,. "~I;\\.1l.,, ,t.';\.~p., ,Cl:tl,.,,:, ~tti.i,t:::I:::,~~i.J.,:. :1-m.:,W:r:;;~
............................ "" I
tlh maUl dd f .. ... J' b'.... '..;,' . . d . . I , . I . . . . ..' . . . . . . . . . . . . . , , . . . . , t . . . . . . . . I . . I . . , . . . . I I , . . , . . . . . t . . . . . . .
1I1l_ reu 0 .............. .<0\.... r...c.'....t... Q~ J..e:
".,.... LJ ..~ ......~..I..,.'.....I.I...'.I....III....'....................
.d..,.........., ..........., 'j;"f!I",l.I:~. ,/r..;'~'~"""'"'' Zip Code,J.7.~ .c.~...., hcrolnaRor called SellH,
a ................"....."..~ol'U.~\J..l\1."I... I:. P.\.l........ ,A''''
,"."," . T:.l"".......r.."".......I.,.'........I...................I....
..........................,.........,.... ...
. " ~~. ~..............I....:J,'^.....'..".,.........,.............,...........
, Ilh ml.lhn<< addrcJ' or.. ... "' ,(0. .... I... . ,<~r:.:".(CI14... .I'tk'." II............. II.. II ""...... "" ... tit...
...,.......... ".....,....., "V.O~H.'l.e.~...",,,.,,. J:-:oI. ..I"..,,, Zip cOdl,a&:QH..$.., ". horolnuRcrcallcd DU7er
'ROI.'EHTY! . Seller hereby Illrce'lo sail and cUllyey 10 Du)or, who her.by acraa.lO purchASe: .
LL 1 HAT U.RTAIN lul ~r "Iece of llruund Illlh bulldl"!:. alld Impro'l!l'91J1.lhorOOjl.r.cled If allY known AllI
. :r.1.f.Ar::r:S. . ..~, .o!',~ ...3..,,, J.lP.A~(l.o\l,'.I':(jI\ n(... or. , .. ,,f!'1,,:t, '" ..~.,:-(H:-t..:..f.\. ,~~. ,~~.ii,. ..R.u~ECn.l.l1
. .o.P... .'-AI!.J.C!,'5... ,~~...s.~,,<.J!~....II~,. .&1'1.$. ~~!~e(l.. ...IM"" .~",...,' .~(l=.,..! ~.y..~ .~.s
the.. . 7.7J1+JrJ.JH,(f....... of.., f:o((.~/~,t,..,P,.$.~..or..." County oC . .Cc.JIrU~.'tteUlIM~"""....... .""...."...
lace oC..... P~......., 'tt"'"'' "A'~"'"'''''''''''''' Zip Cod.... ,'~~(~,... ,.....",..", "".......,.,..,....
Druna Chu;sifiC'alJunL.... lfO(I,W,., ... .<:I:;JMf:(f(~I.(l.t",:.,1 It. II '"' ....".",............. ...If.......... """'.
IlIulll IIC lhl~ .1ln:em~nl'lI \:ollUdnlhe IUlIIIlIl dllA~lnClllion ~hllll r~l1llor lhb .srcolnelll vl,hllllld darn.I1M lallllercd h)' Ihe
uycr ~hllll he rclurnclllulhe Uuycr whhlllllll ruquirCIllCIll or cUllrllcllun.
Ul P...,cel Nu. ... I . . . I . . . . I . , . . . . . . , . . . Uc:od Buok . . I ~ ~ .'f. , , , , , , . . I , , . . .. Pnoc Nu. ,. 'o:"':l
'ERMS, 9 ,.,."... ff. . . . . . . I , . .. . . .. .
"/"',ehase Prica .."...,. ,"T./:I-A.e.t,,, I.+l-/N~~~:-P.,. ,,7.ffIN.r;.Y..... Tf.(r(FI.-1IM~P."". ~ ... I.)ollm
e pailllu lho Stllor hy Ihe Buyar IS Collo\~.:
(I) Cash or chock 11118111nalhll I,rtclnem: ,. .,. ". .$1:1... .s.I.n:(~.c;...~W:llt. $,.....~,!:JOQ, ,~~........,. .. .
(2) C.,h tit che~k ~obo "lId on orbororc:................... ,.... ... J~I"" It., ... S...... .'1' f'f ...'1..... ........ ....
(l) .... ....... ................:.......... ... ... ..... .... ..,... .,.....,......... $.........,.,'.....0.0........... ...
(4) Cash or eortmod cheek .1 limo nC.clllcmonl:.......,..,."" ,., ,." ".,."""" $-A1~) ~~. "I>>
TOTt\LPJUCE S.....3W'r'1/ITl'fT"i:..... ......." It.
J Wrlllen ul'l'rnv.1 or Seller 10 he nil or barorc:.. .. .... .. ...lr.,. !-roll,.l~~,.."" 'j' .. .... .... .. .. ,."",.,... 19. ,.~.."... .
) SeCtllnl.lIlll1 ho lIl.de on or haCme: ... ... ..s~2-. .sI?U:"",<,-. .~t":l,Y,~F.~.. t ,IJIJQ 'i.l-ltllJl':1o",., ",., IV.."."..,.,
) ~'lInvcYl1l1Ce hUlIllleller will ha by roc Iimple llccd oC Ipaeial war~l)'.
I T,.nlrclluael will ho paid hy ... ..I. .%.. .e()Y.~.~..,../., ,,0,. ,~~.,(,.".....,......"...."..,,,.............
I The lollowl1181hlll ho al'pnnhIllC.II'.u..nlu III ur allll 01 IIl1le orlollltnlenl: 'AXe. a.l.vled and allellod, relll..inler~,I 1111 IIltl'I~IIKo
IIUUmpIIQnl. wuler ond ICWIlr renll, IIlnsblo munloinollOrvlclI. and condollllnlum CooI,lC ony,
STAT OF WATER AND Sll:W1::RI SJlJlt1'ivurranlllhnlthls property IllOrvod by:
uhlic walor C well waler lIol"Publlu sewer C1 IIpllo .y.tem
Sellcr rUrlhe' warranu Ihllllhm 'Yllom. M~ ruUy paid rnr ftl or 1110 ~"I. oClhl1 AgroamanL
POSSESSION AND TENDERI
) POllmlon I~ In ho dtllvereli hy 11.011, k.YI and phYlloKI pn.l!lpion 10 a v.calll bulldlnl (lr any) rreo of dehrfA III dny IInllllme nC
..nlemcn'. u. hl deed Mnd A1AIllllnllnl or ubllna lculo(J) III lime or I4lIUomenllr premlsel aro 'CIIIIIl oCl:ul'le.l, ulllcl~ IIlhcrwl,c
.,...In.II.....I,, ..... ........... .~ ... ..........,..........:................... ..
IC lenlllll nccUI.lo.I, nuye. wlllneknllwld,lgr. Ih~ ~.I.Il"g lrlllo(l) blinlUllin,1l (Chom) .\Iho limo nr A1onln'lhi. AKICOIIIOIII ur Sale
I
IIlIU ,t, ,n,"...IIIII6I It '.1IW.1t1/u....u.
, ~""..t ".10 """",,,,11, ,., ",,,,,,.nlu"I.,,I,,,,\,,tJh,",,,,,,,,,,, VI"'" t"IV""J ....... v, ..J-.ll,I",,...1I"a.",.lv, ,It", ."",...1,,__ 1.1.'...",. u............,.. ...1......
consenl 01 Ihe Buyer.
) Fo.mal c.!n~e' oC"n cacculell deed .nd purch~lo monoy I. haroby wolvpd,
) Buyar rmrvc.. lho rlahl 10 mako A pR'.cttlomelllllllpcellon or Ihe .ubJooI properly, . it
1,\ )S OF PERSONALTYl TII' fg)lowlng lIem. ur. Inolullod lu '11l!!..IO IDd purchase price: .,.~. "~"',.,',..".....
.. :7............ t.A/J,O.,. ''/.' .t<,t.~j{T:,.. ()F.," ,W.l.tY.t"!"'..MISl. ...l../Jo:f,rI,O .., ,O/llM!,...... ,..
............................................................................................................,.........
......... .....................................,..................1...1.."",....,...................'....,'.........
~(lIer htl:hywlI'"I1U.lhlll he/aha will deliver snod lillr In nil nrahe Irllol~~ demlhellln lhls p~rnijro(lh .nd ftllyOlhor nllllrcl nrllomlllr
(l~""lIl1hy '(lwm~1I1111~hellulell 111111111 he 11I~ludoll '"thll ..1..
61'F.C1Al. nAUSES:
I. ~Ico"'r O~ W"'f TO et. PR.cvIOttO TO fl60ve. Oes<:ltl6&.O T(,AC.'r.S 1.~:S
"Il.o~ uS ~\..II, Tl-'r\3 <<\G.H't' cPO WItV 1.$ t>esc:.e'6StO ,J,l D!tO
::.otol\TE.'ruJIO IJ"N~ "r.:. ~l."''''c.,u.. ~",..~.u,IJU ~U",. c..:.e,~ .!Ie." 1\\&.. !J''r'
S\)c..t-4 DtEO I::' ,q.,..,...Ac:..HtO "'10 ""'IS c.ot-!,.~c!'i"',
I.. s.f.l.J-U~.. "TC PMVIC>t In H.. $Ir..r-.J(o,. tl.sl~t
A pp ~ P,e.I A 'it. ,0 TOl,o.,)""S/'l1 p!el flo't'IONS) At..o"-l ~ At-JO,qO-
T TO "5. R.oun \ \. TOO3,..)S/'lcP $0 ,,"PPlUJvU TNI~
u^c..E~ '"' ,_
f"4r'OTtl. SICON C)b\J(. co I..O~ [) WITH ~~~"~\J~M.JI ~'j
of .se("'l..rl2.~, ~~~-1.J..
;J e.u.'t'f.~ .:!>14"u..... J-.I"'\.J~ A Du~ OIUCOC/oJC.~. PH.IOO OF ,30 D~'l'.s If 'J:'
~RPH 'Te.O^'I'S t>~'t'l... I T11~ c:..ol'-J"rla,\C.7 DI'I'rt.., ""0 I'lfoJAc,,'l'T..t. 'HI-pl)".::.1
~t'o'1 !t1C-IH. <:,.j;Ioo-lOI'-IO)o.)~ OP Tt~"\.. ~1l0PI!.Il'iY T'O [>('T1.R.MloJt: Tj-l-q,
.
o
o
~ ,/ ~ ')
~1II!t
I (
ADDENDUM TO SALES AGREEMENT
In relerence to Agre.ment 01 Sale belween -ell 112. tJ II yS I'llo/)ucr:.r IIJ G
SIO ..s. I3vll.tJT }-fILL
(i! lJ I
c./-'u
UOR-H FE' ~
JJ,;r
080'-13
the Purchaser, and
to ()C..JJ /J.J G
AAJD
('l HI"'; OIUt-J C/HJ
CIl~u5Le. PII 1701 3
"
.~ I~
ACH
The Seller, Dated
(" ,JU#Jt'.
, covering the real property commonly known al
the underllgned Purchaser and Seller hereby agree to the lollowlng:
~Alr:N
.-j, rlt'
c!)R.
Bf.Fon.t 8 .JIJI...'1'
.,
" ...
OF l~IOOO, TO
1'1"(0 I IDlJ't'E R.. SH/I(.L PoST A c;000
&~ fiR!) IJIT/-I Cumll'Jol)"J/..7 Ill. L')Od
a Sv 8.IFCT 'In Tl-ll: DuE S),Ut<.ftJC€
DEPOSIT
los, Cu.
~'oD ~u'/f.f ~t.u", HALlE 1\ ~~JO() nF FivE I-tOIJTlIS TO GET' IIlL t'lPP/U)&lI'I"
I
,..,JO
tJfC'<.<;~Ml.YI' LtlC/tL .s,i'\TE. prtJr-JOoT FTC. FoIl'sIn: p,,,,,J flPPl.oIIA'-
PO~,""I~ "
TO_COJ::lSTlhICT' A J.IOTf.L~TeL It--! ,MrOR.DIH./Cf cJ,TH 'THe.R- Put"'S
~\JO SP'CCII"KIITIO"'S ..IF- \bV'r'l~ IS W.lt1I!>U TO OBil'l11oJ FIIJAL /lP~
PMV~LS IltJO
(.lITH IJE ITI-if(
:r:.J TttlS
Pi:~l~ BlJ'l''{l I.s: f/JTITLE.D TO TilL 12f'i1J~,.J (Jt- TtlEI~ 4)pI=bS,'
,
P/lRTY HII\J'kJ~ Il/J'f O/lLIGtlrlOt-l 0/0.1 TI'/E Ptllt, tJF OTl'IbE'.
IILL- PUU.JS: i l:tJGrkJff,(,/AJ6 /,jILt.. 6lC.'OKE PIlAPFery Or
II
~
jl
11
II
.s ELl..E t
,. A ~s;
I
TO IJS'f
/H tf f Sf(S
FIT.
S. SHL fll WILL G211#JT PtJIlCI-lIfSFJf? Foe)/(. ('I) {)1JE, CO fo./01JTN $'xTl'IJSIOI.JJ
70 ro,....,p(.Fn /fPPh)VAc./Pn(-fl7Tlto.Jc' PA!oats' AT ,If fJ/lICF of'
I
~A('1>l ~oJ.J7I'I $'xTFt-JJJf(j. AtJY J..(otJ/~/lIfJ 70 SUa R ...J/U SF
IF IoJECf S:S1lA. 'JI
IlO
',000, FOil
/IPPU CMJLt 70 <~I'ILf.s
P,e,CE. Atff AIl.F lobo IlE FVIJIJtl6U .
I
". Stu..E.,e 70 P/I'r' C2t-J7I!J1L STI'IT'i bALl';> 1\ "'~oI:!.FIM~'i COI-IHISSIO,.J IN
TIt.. I!HOtJ1-.JI of E,,,,.,r(Bj P'iACFt-.J'1 of 6LosS ,Jfit.F.S "/lIeF Af" S~TTLlHf~ii.
I
7. .:l~u..t I!- "'uo C'JUYtll. A~J\t.Fr PI!JCF 1.1~/3~ In IN r",~,., liT rlnS'~i
i
The herein agreement, upon III execullon by bolh parllel, II herewllh made an Integral pari 01 the aloremenlloned
Agreement 01 Sale,
Daled: _.b .JuloJF 1.5.'iO
i< ',~~k~ Ilq .at./l.C, '
X ~(jtm "ae~ichaler
Wllness c! 9--~~'J. ,.".----. Agent
Wllness_._, __,_ --' Agent
Q
ADDENDUM TO AGREEMENT FOR THE
SALE OF COMMERCIAL REAL ESTATE
THIS IS AN ADDENDUM to an Agreement for the Sale of Commercial
Real Estate dated June 6, 1990, made this day of June, 1990,
by and between Mu Ching Chu and Chin Chun Chu, his wife, of
Carlisle, Cumberland County, Pennsylvania (hereinafter called
Seller), and Fairway Products, Inc., of Vorhees, New Jersey
(hereinafter called Buyer).
WHEREAS, the parties desire to amend Paragraph 2 of Paragraph 7
(Special Clauses) of a certain Agreement for the Sale of
Commercial Real Estate dated June 6, 1990;
NOW, THEREFORE, in exchange for the mutual consideration and
intending to be bound thereby, the parties agree as follows:
1. Paragraph 2 of Paragraph 7 (Special Clauses) shall be amended
to read as follows:
o
2. Seller to allow Buyer to lease from Seller for purposes
of placement of a sign on Seller's existing restaurant sign a
location for the Buyer's motel/hotel sign (of a size
appropriate to Township specifications). Buyer is to have
the motel/hotel sign separately metered, the cost thereof to
be borne by the Buyer, and Buyer to further bear the cost of
installation and maintenance thereof. Buyer shall also
maintain liability insurance for the sign. Buyer shall pay
to Seller the sum of Two Hundred Dollars ($200) per month for
the lease of the placement of the sign, as aforesaid, for a
period of ten (10) years, with the monthly payment thereof
sUbject to an increase of five per cent (5%) after five
years. Seller agrees to a renewal for an additional term of
ten (10) years or such other term as can be agreed upon by
the parties, the rental amount for which shall also be
sUbject to further agreement between the parties, for any
renewals.
IN WITNESS WHEREOF, the parties hereto on the day and year written
above set their hands and seals.
WITNESS
lfM/v -:X~
~~
CAe.
)
J - /./f'
~_.'--_. ~~\..""'''-
CHIN CHUN CHU
~
I
~
FAIRWAY PRODUCTS, INC.
By
HU CHING CHU & CHIN CHUN CHU
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V
FAIRWAY PRODUCTS, INC.,
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Defendant
NO. 94-204 CIVIL TERM
IN RE I VACATE ARBITRATOR
ORDER OF COURT
AND NOW, OCTOBER 26, 1995, the appointment of David
Stone, Esquire is hereby vacated and Daniel Sodus, Esquire, is
appointed in his stead.
By the Court,
William Duncan, Esquire
Chairman
-
~ 1...~Qut /O/31/9,j-.
A''6' '
Court Administrator
:sld
)IlIV^1JSIIN3d
QOO OIl'I1(j'j:"f~:j
,CHOHJ.c~:1 L . j
;OI3JO'Oj':, .
!V 11~ 01 IE l~O
.
'....-..
, - "';~~.".,,^ ' ,.,...
:~f/_, t..1t<.
MU CHING CHU & CHIN CHUN CHU
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
f'
.
.
.
.
V
FAIRWAY PRODUCTS, INC.,
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Defendant
NO. 94-204 CIVIL TERM
IN RB I VACATE ARBITRATOR
ORDER OF COURT
AND NOW, NOVEMBER 14, 1995, the appointment of David
Baric, Esquire is hereby vacated and William F. E. Hanby, III,
Esquire, is appointed in his stead.
By the Court,
1/ fe, f ~~ . St ----/
Ha~d E. Sheely, P.J.
William Duncan, Esquire ~
Chairman ( J~ 11 ~(/ {'
~/'t1~ ~
Court Administrator
Isld
i,..,.
_,I~~J:~"'::
007183.Q0003/January 16, 1998/CRW/SLR/49848
MU CHING CHU and CHIN CHUN CHU.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94-0204 CIVIL TERM
CIVIL ACTION - LAW
Plaintiffs
v.
FAIRWAY PRODUCTS. INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY,
JURY TRIAL DEMANDED
Defendants
NOTICE OF APPEAL FROM A WARD OF BOARD OF ARBITRA TORS
TO THE PROTHONOTARY:
Notice is given that Defendant Commonwealth Land Title Insurance Company appeals from the
award of the board of arbitrators entered in this case on December 21. 1995.
A jury trial is demanded ~(Check box if a jury trial is demanded. Otherwise jury trial is waived.)
I hereby certify that
(1) the compensation of the arbitrators has baen paid. or
(2) 8pplisatieR ~a9 laeeR m8~e fer permissieA te pressed iA ferms psyperia. (StrUts 81:1t the
iAspplieable elsliBB.)
DUFFIE. STEWART 8< WEIDNER
C, Ro Weidner. Jr
1.0. 0~..1.9_~3
301 Market Street
P. O. Box 109
Lemoyne. PA 17043-0109
(717) 761-4540
Attorneys for Defendant Commonwealth Land
Date: January 16. 1996
r ," ' , ....Qr.; ,".':,
007183.00003/January 15, 1996/CRW/SLR/49648
CERTIFICA TE OF SERVICE
AND NOW, this 16th day of January. 1996. the undersigned does hereby certify that she did this
date serve e copy of the foregoing notice of appeal upon the other parties of record by causing same to
be deposited in the United States Mail. first class postage prepaid, at Lemoyne. Pennsylvania. addressed
as follows:
Jamas D. Fiower. Esquire
Flower. Morgenthal. Flower &. Lindsay
11 East High Street
Cerlisle, PA 17013
Daniel Morman, Esquire
1701 Locust Street
Suite 1110
Philadelphia. PA 19103
JOHNSON, DUFFIE. STEWART 8r. WEiDNER
By,~!\-A~
Sharon L. y
~
:r- -::r
t \3- '-II.
r- Oo
- rr
.... C'..J t.:;
rr. VI
.' ('oJ
.:, .. ~?,~.~ , il
w{:) - ~ ~
t..Jt'. ::::: O~'.l~ ;;.. ~
\'-"i' 0.- J.
cSt: (-,';";1
sF \D ~~~~:: <;)
~,.
[" ~.;.", - '=>
:::-: .~:/'
L. ~. . ..0..:. ~. .it.a '-S)
FO -", ~!~ ~
II. ~~
....., :.:1
(.) L" (..)
.-l-._ ~
<2-- V\ G\
In The Court of Coemon Pleas of
)
)
V )
rV\\~Wt-l4 ~~UPU qS" )
+ )
c.olM~\ OW wt1-t- (Ii )
"1'\\ L ~ '~~, )
CC.L"tIC.')
Cumberland County, ?ennsylvania
1l0) 0L\' , C-\ \) l L
19.1.!J
Ltt\J.ND
Cu
O'\':'R
We do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Constitution of this Cocoon-
wealth and that we will distharge the duties or our or~
AWARD
~e, the undersigned arbitrators, having been duly appointed and sworn
(or af:irmed), make the following award:
(Note: If damalles fOn(\del~aY are a\laW!!9~e1\ s~ll b~2't') fY!I()Ob.
separately stated.) ~ It!)(.J:M,{t1(9.(tL ~ -V/lJ.-'
tcWO\ \.t.~ O--LO f} it '20 COO' C\. (,
C~
C.(....T\(.
Date of Hearing:
Jate of Award:
llOTICE OF ~y OF AWARD
llow, the '://,,0.< day of JJ.<o!.~
award was entered upon the docket and
?arties or their at:o~evs.
, 19 <]5 , at .I.J.:.J!:., &.:1., the above
~otice :hereof given by ~il to the
Arbitrators' coapensation :0 be
paid upon appeal:
$ .)t, 0,''1)
/-~~ [;
3v.: (, "
'-- ,~L~ (A
0L~", ".....
?rotlt'onotary
-
7h.A.(f', ~
Deputy
J..,M..
AQu..........- .f (fI:rfc
'"
-.J~' Vir I'
(J . Fr~-JI' j7T
l'~)- - ~v;u..<UO~ 1" ~ ,ct't
~~.
9o,(D. 11--.9. . p.~
c.t2'j W "~'I'_' '. <+- -!:4-'. 6-._..t~
.i-A-.....u lh...... "~~'-. 11 /.IJ..f" 3'~ (J~
1.1. JI.'; /'
(") '0
f;; <:II 0
-rt-'''' '-' -OJ
n',t::l p, X
.-...0 c'")
~2(~ r" in;;II
(f.l ~.. 'n".,
-........ - ;59
l-~r)
~..."" ;.,... 'r!!?
'_::"(") :t: f1~
;i:r:-) -
c:: -
-".. ..
=J ::.., S!
... 0 ~
v.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94-0204 CIVIL TERM
MU CHING CHU and CHIN CHUN CHU.
FAIRWAY PRODUCTS. INC. and
COMMONWEALTH LAND TITLE
INSURANCE COMPANY.
Defendants
PRAECIPE TO SA TISFY A WARD AND OBLlGA TION
AND NOW, this )qr/I. day of ihf,iil . 1996. pleese note the Plaintiffs' receipt of
peyment by Defendent Commonwealth ~ind Title Insurance Company of the sum of .12.500.00.
Pleese cause the record of this case to be marked as discontinued end the award and obligation
setisfied.
FLOWER. MORGENTHAL. FLOWER & LINDSAY
By:
es D, Flower. r.. E Q ire
~ 1.0. No. 27742
l' 1 Eest High Street
,carlisle. PA 17013
(7171243-5513
Attorneys for Plaintiffs
:U002
C:;-,
l..,.
/~;
~'.. .
.
I,
,
n~:
L;.;
l'_ '
\'4
--
(,',
i,.~
,
. :~~
, ~.~~
:j
:.;'\
C..:
~ \:~~
r
,,'Ll
'..-
,.
,.
I
-'