100 Pine Street ● PO Box 1166 ● Harrisburg, PA 17108-1166 Jeffrey Esch McCombie

Tel: 717.232.8000 ● Fax: 717.237.5300 Direct Dial: 717.237.5310

Direct Fax: 717.260.1788
jmccombie@mcneeslaw.com
July 23, 2021

VIA E-MAIL

Mr. Clair Wintermyer

Board of Supervisors
Newberry Township
1915 Old Trail Road
Etters, York County, PA 17319

RE: Chris Haring – Culhane Road Development

Dear Mr. Wintermyer:

As you know, Chris Haring (“Mr. Haring”) has made allegations against Newberry Township (the
“Township”) related to the denial of his land development plan and the Township’s rezoning of
certain properties located west of Culhane Road and south of the intersection of Culhane Road
and Sipe Road (the “Claims”). Notice of the Claims place an obligation upon you and the
Township to preserve documents that might be relevant to Mr. Haring, and to preserve any
additional data and documents that might be relevant to the subject matter of the Claims.

Because you have knowledge of the facts and circumstances concerning the Claims, you must
preserve electronic copies of your relevant active files and to make sure that all backup media
are identified and stored in a safe place. In addition, you must retain all paper documents that
are relevant to the Claims. The enclosed Notice can be modified and sent directly to any
employees, agents, contractor, or other parties who also potentially could have relevant
information.

The preservation obligation includes both paper documents (writings on paper that can be read
without the aid of computer devices, such as correspondence, memoranda, handwritten notes
and similar documents) and electronic documents (writings that can only be read through the use
of computers, such as e-mail, web pages, word processing files, text messages, computer
databases, etc.), and virtually anything that is stored on a computer, such as cache memory,
magnetic disks (e.g., computer hard drives or floppy disks), optical disks (e.g., DVDs or CDs),
and magnetic tapes, including back-up media. This obligation also extends to your personal
devices, such as laptop or desktop computers, smartphones, and other such devices or files you
use or have access to at home or other locations to the extent they are used for business
purposes.
Clair Wintermyer
July 23, 2021
Page 2

You and the Township are required to suspend your retention/destruction policies immediately
with respect to documents and data relevant to the subject matter of the Claims. You are
instructed not to destroy, disable, erase, encrypt, alter, or otherwise make unavailable any
relevant documents and electronic data, and you are further instructed to take reasonable efforts
to preserve such documents and data.

In addition, a directive should be sent by you to any employees, agents, contractor, or other
parties who potentially have relevant information related to Mr. Haring’s Claims, advising that
they must produce electronic copies of their relevant active files and make sure that all backup
media, which you and the Township must retain, are identified and stored in a safe place. We
recommend that you provide a Notice to Preserve Documents and Data to “key players” – i.e.,
individuals with information relevant to the Claims who are still employed by the Township. “Key
players” in this case likely include members of the Board of Supervisors and any employee,
agent, contractors, or other party who would have had contact with Mr. Haring or been involved
with the subject matter of his Claims. Please communicate the requirements of this litigation hold
directly to the key players and request that no documents be destroyed, and that no active data
be deleted from their computers or other devices, including personal devices and files. Please
also share a copy of this letter with your applicable IT personnel, so that they are aware of your
preservation obligations regarding electronic data.

With respect to former employees who may have personal knowledge of the facts involved in the
Claims, if any, the Township should obtain and preserve a clone copy of the hard-drive of the
computer(s) assigned to them, if any, as well as any and all relevant archived data and files
(including any emails or other documents) that may contain potentially relevant information,
whether such data and files are preserved on current employees' computers, networks or
otherwise.

We apologize for any burden or inconvenience this litigation hold may impose, but the
requirements of the Rules of Court are strict, and potential penalties for noncompliance, including
financial and other sanctions, can be severe.

If you have any questions regarding this process, please free to contact me.

Sincerely,

McNEES WALLACE & NURICK LLC

By
Jeffrey Esch McCombie

CC: Andrew Miller, Esq.