SHERRY BELLAMY, et al. * IN THE Plaintiffs * CIRCUIT COURT v. * FOR PROPERTY OWNERS ASSOCIATION * ANNE ARUNDEL COUNTY OF ARUNDEL ON THE BAY, INC., et al. * Case No.: C-06-115184 IJ Defendants INTERROGATORIES Propounded Pursuant to the Maryland Rules of Procedure. TO: FROM: SHERRY BELLAMY, Plaintiff FRANK FLORENTINE, Defendant You are requested to answer the following interrogatories: (a) These interrogatories are continuing interrogatories. If at any time after service of the answers and prior to the trial of this action, the party answering obtains additional information responsive to any of these interrogatories, he shall, within thirty (30) days, and in no event later than five (5) days before trial, serve supplemental sworn answers setting forth such additional information. (b) Where the name or identity of a person is requested, please state the full name, home address and also business address, if known. (c) Unless otherwise indicated, these interrogatories refer to the time, place, and circumstances of the occurrence mentioned or complained of in the pleadings. (d) Where knowledge or information in possession of a party is requested, such request includes knowledge of the party s agents, representatives, and unless privileged, his attorneys. When answer is made by a corporate defendant, state the name, address, and title of the person supplying the information, and making the affidavit, and the source of his information. (e) The pronoun you refers to the party or parties to whom these interrogatories are addressed, and the persons mentioned in clause (d). Definitions In these Interrogatories, the following definitions apply:
(a) Document includes a writing, drawing, graph, chart, photograph, recording, and other data compilations from which information can be obtained, translated, if necessary, through detection devices into reasonably usable form. (b) Identify, identity, or identification, (1) when used in reference to a natural person, means that person s full name, last known address, home and business telephone numbers, and present occupation or business affiliation; (2) when used in reference to a person other than a natural person, means that person s full name, a description of the nature of the person (that is, whether it is a corporation, partnership, etc. under the definition of person below), and the person s last known address, telephone number, and principal place of business; (3) when used in reference to any person after the person has been properly identified previously means the person s name; and (4) when used in reference to a document, requires you to state the date, the author (or, if different, the signer or signers), the addressee, the identity of the present custodian of the document, and the type of document (e.g., letter, memorandum, telegram, or chart) or to attach an accurate copy of the document to your answer, appropriately labeled to correspond to the interrogatory. (c) Person includes an individual, general or limited partnership, joint stock company, unincorporated association or society, municipal or other corporation, incorporated association, limited liability partnership, limited liability company, the State, an agency or political subdivision of the State, a court, and any other governmental entity. (d) AOTB Plat refers to the 1890 plat of Arundel on the Bay recorded at Liber SH37, folio 309 and/or the 1927 amendment thereto. Interrogatories Interrogatory No. 1: Identify each person, other than a person intended to be called an expert witness at trial, having discoverable information that tends to support a position that you have taken or intend to take in this action, including any claim for damages, and state the subject matter of the information possessed by that person. Interrogatory No. 2: Identify each person whom you expect to call as an expert witness at trial, state the subject matter on which the expert is expected to testify, state the substance of the findings and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, and, with respect to an expert whose findings and opinions were acquired in anticipation of litigation or for trial, summarize the qualifications of the expert, state the terms of the expert s compensation, and attach to your answers any available list of publications written by the expert, and any written report made by the expert concerning the expert s findings and opinions.. Interrogatory No. 3: If you intend to rely upon any documents or other tangible things to support a position that you have taken or intend to take in the action, including any claim for damages, provide a brief description, by category and location, of all such documents and other tangible things, and identify all persons having possession, custody, or control of them. 2
Interrogatory No. 4: Itemize and show how you calculate any economic damages claimed by you in this action, and describe any non-economic damages claimed. Interrogatory No. 5: Please state with specificity and in detail all facts which support your claim as set forth in paragraph 35 of the Complaint that the Association and Individual Defendants have published the falsehood that the Association and not Property Owners Bellamy and Bumbray-own the entire rear portion of the parcels owned by Property Owners Bellamy and Bumbray including when the publication was made, to whom, by whom, under what circumstances, exactly what the publication stated, and when and under what circumstances you became aware of the fact of the publication. Please attach a copy of the material allegedly published as described in paragraph 35 to these answers. Interrogatory No. 6: With respect to Chesapeake Avenue as described on the AOTB Plat, please provide the physical dimensions (length, width, and square footage) of that portion to which you claim ownership. Interrogatory No. 7: Please state with specificity and in detail all facts which support your claim in paragraph 36 of the Complaint that the falsehood published by the Association and the individual Defendants has and continues to disparage the quality, ownership and rights of Property Owners Bellamy and Bumbray s property including the exact nature and extent of the disparagement of quality, ownership and rights of Bellamy and Bumbray s property, when the alleged disparagement began, when and under what circumstances you became aware of it, and how it continues. Interrogatory No. 8: Please describe with specificity and in detail all discussions, agreements, writings, notes, or communications of any kind you have had with your predecessors in title or anyone else regarding the nature of the quality, ownership and rights of your claimed interest in any of the platted streets in Arundel on the Bay including exactly what rights of ownership and/or use you claim in any or all of the platted streets, including Chesapeake Avenue as shown on the AOTB Plat. For each such communication, state who was a party to the communication, when it occurred, and who else was present when it occurred and the substance of the communication. Interrogatory No. 9: Please describe in detail whether you acquired any form of title insurance at or after the time you acquired your property as described in the Complaint and if so, whether the title insurance covers, binds or otherwise pertains to any portions of any platted streets in Arundel on the Bay as shown on the AOTB Plat, including Chesapeake Avenue, whether you have made any claims against any title insurance policy regarding the occurrences alleged in the Complaint, and, if so, describe in detail all facts regarding any such claim, including whether the title insurance policy covers the claim. Please provide a copy of any relevant title insurance policy applicable to the property described in this Interrogatory, and copies of all correspondence regarding any claims made against any title insurance policies regarding the subject matter of this litigation. 3
Interrogatory No. 10: Describe with specificity and in detail all facts which support your statement in paragraph 37 of the Complaint that the Association and Individual Defendants acted with malice, gross negligence or a reckless disregard for the truth, including for each Defendant, the nature of the specific acts, the actor, the time of such acts, and when you became aware of such acts. Interrogatory No. 11: Describe with specificity and in detail all facts which support your claim in paragraph 38 of the Complaint including the identity of the others who were allegedly induced not to deal with you and Plaintiff Bumbray, what the nature of the deal sought by you and/or Plaintiff Bumbray was, what communications induced the others not to deal, when these communications were made, by whom, in what manner, and when you first became aware of them. Interrogatory No. 12: Describe with specificity and in detail all facts which support your allegation that the each and every Defendant knowingly published to First Home Mortgage that the community owns the rear of Property Owners Bellamy and Bumbray s house, including which portion of your house you are referring to including which rooms, and the location and orientation of the rear portion of the house on Lots D and E; when such publication was made by each Defendant individually and who allegedly made the publication on behalf of the Association; when, by whom and to whom the publication was made; the substance of the publication; and when you first became aware of any such publication. Interrogatory No. 13: State with specificity and in detail all facts upon which you state in paragraph 38 of the Complaint that First Home Mortgage relied upon allegedly false information knowingly published by Defendants stating that the rear portion of your house is owned by the community. Interrogatory No. 14: State with specificity and in detail all facts regarding the appraisal referred to in paragraph 38 of the Complaint including when the appraisal was ordered and by whom, the purpose for the appraisal, who made the appraisal, the substance of all communications by and between you and anyone else regarding the appraisal, and the conclusions reached by the appraisal. Please attach a copy of the appraisal to your answers. Interrogatory No. 15: Please state whether you and/or Plaintiff Bumbray have ever ordered any other appraisal of your property as described in the Complaint, including at the time you purchased the property or otherwise, and if so, state when the other appraisals were made, by whom, for what purpose and the conclusions reached by the appraisals. Please attach copies of any other appraisals to your answers. Interrogatory No. 16: Please state with specificity and in detail all facts upon which you rely in stating that the allegedly false information published by the Defendants to First Home Mortgage reduced the value of the appraisal and impaired the value of your property. Please state what the value of your property was before the appraisal and after the appraisal and all facts upon which you base your allegation regarding the alleged diminution in the value of your property by virtue of the appraisal. 4
Interrogatory No. 17: Please describe with specificity and in detail the purchase price which you paid for your property and the current value of your property and describe all facts which form the basis for this answer. Interrogatory No. 18: Identify all persons other than your attorney, who have investigated on your behalf or others, any aspects of the subject matter of this litigation, including the name, address and telephone number of each such person. Interrogatory No. 19: Identify all persons not named in your other answers to interrogatories who have personal knowledge of any matters relevant to this suit, describing in detail the scope and nature of the knowledge of each such person. Interrogatory No. 20: Please identify and fully describe the substance of any and all documents, including, but not limited to, correspondence, surveys, deeds, plats, emails, photographs, videotapes, audiotapes, or diagrams that are in any way related to the subject matter of the Complaint filed herein and identify all persons who have possession, custody or control of the above-described items. Interrogatory No. 21: State all facts upon which you base your claim for damages in Count V of the Complaint and describe in detail all documents which support your claim for damages. Interrogatory No. 22: Please state whether you and/or Plaintiff Bumbray have ever attempted to sell, lease or otherwise dispose of Lots D and E in Block 3 and/or any portion of any platted street in Arundel on the Bay over which you claim ownership since the time you and Plaintiff Bumbray purchased Lots D and E and, if so, state with specificity and in detail all circumstances regarding the attempted disposition of the property described above, including whether it was listed for sale or rent by a realtor and if so with whom and when and for what price; whether you attempted to sell or lease it without a realtor and if so when, and for what price; and what the outcome was of each such attempted sale or lease, if any. Interrogatory No. 23: Please state whether you and/or Plaintiff Bumbray own, owned or have sought to purchase any other property in Arundel on the Bay and if so, describe the address and location of the property(ies), when you acquired or attempted to acquire them, the purchase price for the property(ies), when they were sold and for how much. Interrogatory No. 24: Describe with specificity and in detail how you access Lots D and E in Block 3 by car and/or by foot; if by car, where you park; which streets in Arundel on the Bay you use to access Lots D and E by car or by foot and which portion, if any, of these streets which you use for vehicular and/or foot access to your property in which you claim an ownership interest of any kind and the nature of the ownership interest. 5
COUNCIL, BARADEL, KOSMERL & NOLAN, P.A. By: Wayne T. Kosmerl Susan T. Ford 125 West Street, 4 th Floor P. O. Box 2289 Annapolis, MD 21404-2289 (410) 268-6600 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 8th day of August, 2006, a copy of the foregoing Interrogatories was mailed first class, postage prepaid, to: Ava E. Lias-Booker, Esquire Jessica E. Morrison, Esquire Robert T. Johnson, Esquire McGuireWoods, LLP 7 Saint Paul Street, Suite 1000 Baltimore, Maryland 21202 Eileen E. Powers, Esquire Blumenthal, Delavan & William, P.A. 170 Jennifer Road, Suite 240 Annapolis, Maryland 21401 Susan T. Ford 6