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HomeMy WebLinkAbout98-00604 '7 , c.i "a ~ cr ~ ~ ,It .. C) ~ 1 ~ .." " ct ~ { ~ ~ :- ~ .~ .. <.:J '.~_ _ ~'h' _ _ I I , i \ 1..,- 5. Prior to signing the contract, the Baers inspected the property personally, and employed the services of Robert L. Lloyd (hereinafter "Lloyd"), a professional home inspector, to conduct a professional home inspection of the property. The professional home inspection occurred on February 15, 1997. 6. At the time of the home inspection, and at all times prior to the execution of the contract, the defendant Konstantinos Giannaris represented to the Baers and to Lloyd that the water service to the property was .!hut off at the street by the municipality, making it impossible to test the water system in the home. 7. As a result of the representations of Konstantinos Giannaris regarding the lack of water service to the property, the Baers and Lloyd were prevented from testing the condition of the water system inside the property prior to the execution of the contract. 8. At the time of the home inspection, Lloyd detected what appeared to be a water mark on the ceiling of the family room, which mark was located below the shower in the bathroom off of the master bedroom. 9. When asked about the nature of the apparent water mark, Konstantinos Giannaris assured the Baers and Lloyd that there was not a leak in that location but that if such a leak existed, Giannaris would fix the leak. 10. As a result of their findings inside the property and their inability to test the water system inside the property prior to execution of the contract, the Baers included the following language in the contract: "5. STATUS OF WATER AND SEWER: Seller warrants that the subject property is supplied by public water and sewer. Seller further warrants that the water system in the subject property works properly, and Seller shall be responsible to make any necessary repairs to the water system should any defects exist therein." 11. Settlement on the contract occurred on March 27, 1997. 12. After taking possession of the property, the Baers contacted the municipality to have the water service to the property turned on. At that time, the Baers learned that the water service to the property had never been shut off at the street by the municipality, but that the water service had been turned off inside the home. 13. Upon turning the water service on inside the home, the Baers discovered numerous leaks in the water system in various areas of the home, including leaks in at least three faucets, a toilet, two sink drains and upon using the shower in the bathroom off of the master bedroom, the Baers discovered a leak which manifested itself in the area where the apparent water mark on the family room ceiling had been located during the home inspection. 14. The Giannaris paid a plumber to correct all of the leaks in the faucets, toilet and drains, but Giannaris refused to pay for the work needed to fix the leak in the shower in the bathroom in the master bedroom. 15. H.L. Bowman, Incorporated, a plumbing service, was employed by the Baers to fix the shower leak, and H.L. Bowman discovered that the cause of leak was (1) that the shower pan material was installed under the plywood subfloor instead of being installed on top of the subfloor; (2) that roofing nails were used for the entire shower floor, which nail heads rusted off leaving holes in the shower pan; and (3) the shower drain was not properly connected to the shower pan material. H. L. Bowman's repair bill of $562.00 was paid by the Baers. 16. In order to fix the shower base, the old shower tile had to be removed, the shower pan required replacement and new tile was installed by Dauphin Tile at a cost of $1,825.00. Mr. Baer did the tile demolition, which cost had been estimated at $275.00 by Dauphin Tile. COUNT I BREACH OF CONTRACT 17 Paragraphs one through sixteen above are incorporated herein by reference. 18. The Giannaris have refused to pay for the remedial work in the shower in the bathroom off of the master bedroom required to fix the leak, as required by the written contract dated February 21, 1997. WHEREFORE, the plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against the defendants in the amount of $2,662.00 plus costs. COUNT II MISREPRESENTATION 19. Paragraphs one through eighteen are incorporated herein by reference. 20. At the time of the home inspection, the defendant, Konstantinos Giannaris, misrepresented the fact that the shower in the bathroom off of the master bedroom leaked onto the ceiling of the family room below. 26. The Baers have suffered damages set forth above as a result of the fraud committed by Konstantinos Giannaris, which fraud has been perpetrated against the Baers in violation of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. section 201-1, et. seq. WHEREFORE, the plaintiffs respectfully request that this Honorable Court enter judgment in their favor and against the defendants for the damages set forth above, and in addition thereto, award the plaintiffs three times their actual damages, as set forth in 73 P.S. section 201-9.1. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~!~ Michae A. Scherer, Esquire ID#61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for the Plaintiffs - c o ,. " AGREEMF-f:it-PF SALE U'- THIS AGREEMENT made this l.l-day of Fj!bruary, 1~97 by and between Konstantinos Giannaris and Tina Giannaris, husband alld Vflfe, of 5 Spartan Circle, Camp Hill, Pennsylvania, hereinafter called "Seller," and Kirby J. Baer and Susan J. Scherer, adult single persons, of 101 Sunset Drive, Carlisle-and 19 Circle Drive, Carlisle, respectively, hereinafter called "Purchaser;" WITNESSETH: the Seller hereby agrees to sell to the Purchaser and the Purchaser hereby agrees to buy all that certain tract of land situate in Wormleysburg, Cumberland County, Pennsylvania, being described in CumberlanCl County Deed Book M 23, Page 316 and improved with a single family residence and other improvements, and known and numbered as 454 East Crestwood Drive, Wormleysburg, Pennsylvania. 1. SALE PRICE: Purchaser hereby agrees to pay the sum of One Hundred Twenty-Eight Thousand ($128,000.00) Dollars payable as follows: Twelve Thousand Eight Hundred ($12,800.00) Dollars in hand paid at the signing of this '. Agreement, receipt whereof is hereby acknowledged, and the balance of One Hundred Fifteen Thousand Two Hundred ($115,200.00) Dollars due and payable at the time of settlement. 2. SETTLEMENT: Settlement to be made on or before sixty days from the date of this agreement. Said time to be of the essence of this Agreement. Upon the failure of the Purchaser to pay the purchase money in full on or before the time set for settlement, all monies paid by Purchaser and accrued interest, if any, may be retained by the Seller at the option of the Seller, as liquidated damages. Formal tender of deed and purchase money is waived. "EXHIBIT A" ~ c 3. PERSONAL TV: SelleI' agrees to convey washer, dryer, microwave oven, range and dishwasher to purchaser in connection with this Agreement. 4. TERMITE INSPECTION: Seller has obtained a pest inspection which certifies the subject property is free from any active infestation or previous infestation which has not been corrected. Seller shall provide said report to Purchaser within twenty days hereof. 5. STATUS OF WATER AND SEWER: Seller warrants that the subject property is supplied by public water and sewer. Seller further warrants that the water system in the subject property works properly, and Seller shall be responsible to make any necessary repairs to the water system should any defects exist therein. 6. MUNICIPAL IMPROVEMENTS: Seller has no notice of required municipal improvements such as sidewalks, curbs, et cetera. 7. POSSESSION: Possession to be delivered at settlement. 8. ADJUSTMENTS AT SETTLEMENT: The Pennsylvania Realty Transfer Tax and any Municipality Transfer Tax shall be divided equally between the parties at time of final settlement. In no event shall Seller's portion of the realty transfer tax exceed 1 % of the sale price established by this Agreement. Real Estate taxes shall be prorated to the date of final settlement. 9. .DEED AND TITLE: Seller shall convey to the Purchaser by Special Warranty deed a good and marketable title such as can be certified by the Purchaser's Attorney subject to bUilding restrictions and easements of record. 10. CONDITIONS: This Agreement shall be conditioned on Purchasers haVing obtained mortgage financing of at least One Hundred Five Thousand I i.i' _1<dtrW J, Mc:n ,tn,( $jJ"1J ~. ~(ll:')~ I /'IJ,:.r'I1' In The Court of Co~on Pleas of ) ) 1 ) ) ) ) Cumberland County, Pennsylvania '1).41.'( lIo . ,'i 'i) . (,., 4t 4..;,) 19 ./ KOfJJnl''''' '11,.;,,5 ~IAlitJM..\ M...( rO,)/l G...,.".OJ Il(tl S OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties of our office with fidelity. 2 AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarqed, they shall be separately stated.) We fi<14lvi lfww-Oftt{.C.. ~1<Ll(.~h-C0 ci.4J.. 4..7c...1010. t6,c. P~4~~ '11 ti,e. WI1l~l'A.J.Jf- f{ 2, & fJ 1. 00. . Arbitrator, dissents. (Insert name i= applicable. ) Date of Hearing: sf7../. /"It" .s!H{q'8- .....r- I Chair:nan Date of Award: yir~l --/ MOTICE OF ENTRY OF AWARD Mow, the ::1.'11(\ day of '\Y\ ~ award was entered upon the docket and parties or thei~ attorneys. Arbitrators' compensation to be paid upon appeal: $ 'dqO. co 3y: Deputy Ed \'I\U-r\d G. (\'\'1e.r.5 F"ff" J. V. .,: < Lv. CCA~ 0. U"d.ACl.c..\ - ~\......... 3. t11. ~..{ /- ~. S c.e*:l D, 0\00\~ - r.,.:...... .s ~ s. ~ M. .JJ..li-:< (!c....:L, (G. iJ'o{. 'i r (") ,"" C) ! c: .:,...., -n .' -,-:1 '"T'" C/, -, r....'; ._,~ .,::-11 1 1"-- "",1 ;'0.) ,;'1"1 '.'l '- .':::J ..' . , ':l~J ?::. :.;" "-.0 ..- ( :Jc') P.- :~': ( , (jfn .rI' . ~.. .: 9? :.-:J C ~~ :..) ~J (!1 c.n -< P .L- e", 0 <': .f , ~ ( ,,', i" t.....; 004280.00001/4.20.981EGMIDLM/l09408 KIRBY J. BAER and, SUSAN J. BAER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plalnllffs NO. 98-604 CIVIL TERM vs. KONSTANo(TINOS GIANNARIS and TINA GIIANNARIS, CIVIL ACTION - LAW Defendants NOTICE OF ARBITRATION HEARING NOTICE is hereby given that the Arbitrators appointed by the Court to hear and deeide the above matter will hold a hearing for the purpose of their appointment on Tuesday, May 26, 1998, at 2:00 P.M., at the Law Offices of Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, Pennsylvania. Date: !It-J. ZO.t??! By: t/a/(!} IJ~ Edmund G. Myers, Chairman TO: Michael A. Scherer, Esquire, Attorney for Plaintiffs 17 West South Street Carlisle, P A 170 \3 Mark S. Silver, Esquire, Attorney for Defendants \00 Chestnut Street, Suite 2 \0 P.O. Box 1152 Harrisburg, PA 17108-1152 c: Carol J. LindsFY, Esquire, Arbitrator II East High Street Carlisle, P A 170 \3 Scoll D. Moore, Esquire, Arbitrator 26 West High Street Carlisle, P A 17013 .-.... -: "-~_. ,.,... --- , 'C' " r; , r) 0 ~;; ~.:J Tl :< :-:~ :l~ -n(:~' " g~ ~~: ~; ::0 .-,::'] .' ,- I -r11Tl L": ...,0 t.:;~ ,-.. ._J ., ::. i-':~ ::'j( ~~; ":8 n:::- . , .. , i) C'J f_.. 7? ;":;rTl ,. ~: ' f~ ,~ -j :::J ~ -, C~ - I. Ii I.: . . v' KIRBY J. BAER and SUSAN J. BAER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSYLVANIA v. NO. 98-604 CIVIL TERM CIVIL ACTION-LAW KONSTANTINOS GIANNARIS and TINA GIANNARIS, PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, JUDGES OF SAID COURT: Michael A. Scherer, Esquire, counsel for the plaintiffs in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiffs in the action is $7,986.00. The fOlloWing attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Mark S. Silver, Esquire, Suite 210, 100 Chestnut Street, Post Office Box 1152, Harrisburg, Pennsylvania 17108 and Michael A. Scherer, O'Brien, Baric & Scherer, 17 West South Street, Carlisle, Pennsylvania 17013. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. RespectfUlly submitted, ~a~ Michael A. Scherer, Esquire KIRBY J. BAER and SUSAN J. BAER, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KONSTANTINOS GIANNARIS and TINA GIANNARIS, NO. 98-604 CIVIL TERM Defendants ANSWER TO COMPLAINT 1. Admitted based on information and belief; however, the Agreement of Sale entered into and which apparently forms the basis for the within cause of action, attached to Plaintiffs' Complaint as Exhibit "A", was entered into by and between "Kirby J. Baer and Susan J. Scherer, adul t single persons". It is presumed, based on information and belief, that Plaintiff Susan J. Baer is the same person as Susan J. Scherer, having been married since the date the Agreement of Sale was entered into February 21, 1997, to Plainti.ff Kirby J. Baer. 2. Admitted. 3. Admitted. 4. Admitted. It is admitted that the Agreement of Sale executed February 21, 1997, attached to Plaintiffs' Complaint as Exhibit "A" provides at Paragraph 1 thereof, inter alia, that purchaser agreed to pay the sum of One Hundred Twenty-Eight Thousand ($128,000.00) Dollars for the premi.ses situate at 454 East Crestwood Drive, Wormleysburg, Cumberland County, pennsyl vania. By way of further answer, said Agreement of Sale is comprised of ten (10) additional numbered paragraphs which comprise the entire Agreement. 1 ."' 5. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 5; the same are therefore denied and proof thereof is demanded. 6. Denied as stated. Defendant Konstantinos Giannaris represented to the Baers that he had requested Pennsylvania American Water Company, the public water company providing water service to the subject property, to shut off public water service to the premises prior to the date of the home inspection alleged by Plaintiffs to have been accomplished on or about February 15, 1997, so that Mr. Giannaris could eliminate any service fee or meter charge, given the length of time the subject property had been on the market for sale. Mr. Giannaris further advised purchasers that Pennsylvania American Water Company had advised him such water service would be shut off at the street and, thus, in reliance thereon, Mr. Giannaris advised Plaintiffs such condition would render it impossible for Plaintiffs to test the water system within the home. 7. Denied. It is denied that as a result of the representations of Konstantinos Giannaris regarding the lack of water service to the property that purchasers and home inspector Lloyd were prevented from testing the condition of the water system inside the property prior to the execution of the contract; rather, and to the contrary, the inability to test the water system inside the premises was as a result of the locati.on of the turn-off of the water which serviced the property by Pennsylvania American Water Company at the street, 2 notwithstanding that the same was accomplished in response to a request by Mr. Giannaris that the same be turned off so as to enable him to eliminate further charges for water service and meter service. Had purchasers and home inspector Lloyd actually desired to test the condition of the water system inside the premises prior to execution of the contract, they could have either requested Mr. Giannaris to request pennsylvania American Water Company to turn on the system and/or, in the alternative, they could have made the request directly to pennsylvania American Water company for purposes of completing the testing and, thereafter, again have the water turned off at the street by the water service company. 8. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 8; the same are therefore denied and proof thereof is demanded. 9. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 9; the same are therefore denied and proof thereof is demanded. 10. Denied. Although paragraph 5 of the Agreement of Sale entered into February 21, 1997, by and between the parties hereto, the same attached to Plaintiffs' Complaint as Exhibit "A", provides as quoted in Paragraph 10 of Plaintiffs' Complaint, it is denied Defendants have any knowledge or information as to why Plaintiffs included such paragraph or their motivation for the same as Defendants, 3 after reasonable investigation, are without knowledge or information sufficient to (orm a belief as to the truth of the remaining averments of paragraph 10; the same are therefore denied and proof thereof is demanded. 11. Admitted. It is admitted settlement on the contract (Agreement of Sale attached to Plaintiffs' Complaint as Exhibit "A") occurred on March 27, 1997; it is further admitted that on said date a Deed conveying the subject property from Konstantinos Giannaris and Tina Giannaris, husband and wife, as Grantors, unto Kirby J. Baer, a single person, and Susan J. scherer, a single person, as Grantees, was delivered to Plaintiffs herein as purchasers. 12. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 12; the same are therefore denied and proof thereof is demanded. By way of further denial, Defendants have been advised for purposes of confirmation that on or about January 22, 1997, the public water provided to the subj ect premises by pennsylvania American Water Company was shut off at the street by said company. 13. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 13; the same are therefore denied and proof thereof is demanded. 14. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the 4 truth of the averments of paragraph 14; the same are therefore denied and proof thereof is demanded. 15. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 15; the same are therefore denied and proof thereof is demanded. 16. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 16; the same are therefore denied and proof thereof is demanded. COUNT J: BREACH OF CONTRACT 17. Paragraph 17 is an incorporation by reference paragraph of paragraphs 1 through and including 16 of Plaintiffs' Complaint; therefore, those admissions and/or denials set forth hereinabove in response to Paragraphs 1 through and including 16 of Defendants' Answer are incorporated herein by reference as the same relate, paragraph by paragraph, to those paragraphs incorporated by Paragraph 17 of Plaintiffs' Complaint. 18. Admitted in part; denied in part. It is admitted Defendants have refused to pay for any remedial work in the shower in the bathroom off the master bedroom. It is denied any such remedial work in the shower in the bathroom off the master bedroom is required by any act or failure to act on the part of Defendants; further, it is denied any such payment for any required remedial work in the shower in the 5 bathroom off the master bedroom is required to be made by Defendants in accordance with the Agreement of Sale dated February 21, 1997, attached to Plaintiffs' Complaint as Exhibit "A". WHEREFORE, Defendants demand that the Complaint be dismissed, and judgment entered in their favor and against Plaintiffs, without costs to them, but together with such costs, expenses, and attorney fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT II: MZSREPRESENTATZON 19. paragraph 19 is an incorporation by reference paragraph of Paragraphs 1 through and including 18 of Plaintiffs' Complaint; therefore, those admissions and/or denials set forth hereinabove in response to paragraphs 1 through and including 18 of Defendants' Answer are incorporated herein by reference as the same relate, paragraph by paragraph, to those paragraphs incorporated by paragraph 19 of Plaintiffs' Complaint. 20. Denied. It is denied Defendant Konstantinos Giannaris misrepresented any fact concerning any matter or condition of the premises sold to Plaintiffs; further, it is denied that Defendant Konstantinos Giannaris misrepresented any fact relating to the shower in the bathroom off the master bedroom. Furthermore, it is denied that at any time Defendant Konstantinos Giannaris purposefully, inadvertently, or in any manner whatsoever, misrepresented any fact with regard to the premises situate at 454 East Crestwood Drive, the 6 subject premises of the within cause of action. 21. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 21; the same are therefore denied and proof thereof is demanded. WHEREFORE, Defendants demand that the Complaint be dismissed, and judgment entered in their favor and against Plaintiffs, without costs to them, but together with such costs, expenses, and attorney fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT :UI VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 22. Paragraph 22 is an incorporation by reference paragraph of Paragraphs 1 through and including 21 of Plaintiffs' Complaint; therefore, those admissions and/or denials set forth hereinabove in response to paragraphs 1 through and including 21 of Defendants' Answer are incorporated herein by reference as the same relate, paragraph by paragraph, to those paragraphs incorporated by paragraph 21 of Plaintiffs' Complaint. 23. Denied. It is denied that Defendant Konstantinos Giannaris at any time relating to the sale of the subject property to Plaintiffs either intentionally or unintentionally, or by inadvertence, misrepresented any facts whatsoever concerning water, or water service, or water service interruption to the home. Further, after reasonable 7 investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 23; the same are therefore denied and proof thereof is demanded. 24. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 24; the same are therefore denied and proof thereof is demanded. 25. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 25; the same are therefore denied and proof thereof is demanded. Moreover, and by way of further denial, the price as agreed upon and stated as the consideration to be paid by Purchasers to Sellers, set forth in paragraph 1 of the Agreement of Sale executed February 21, 1997, attached to Plaintiffs' complaint as Exhibit "A", was a bargained for and negotiated sale price, arrived at in an arm's-length transaction, and further, said sale price represented a substantial reduction in the actual fair market value of the subject premises with the same being reflective of the age of the premises and its condition on or about the dates Purchasers inspected the home and entered into negotiation with regard to their purchase of the same. 26. Denied. It is denied that Defendant Konstantinos Giannaris committed or participated in any fraud whatsoever or perpetrated any fraud against the Baers or committed any act or omitted anything 8 whatsoever required of him to be conducted or completed, and thus, participated in no conduct whatsoever violative of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. ~201-1, et seq. Further, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 26; the same are therefore denied and proof thereof is demanded. WHEREFORE, Defendants demand that the Complaint be dismissed, and judgment entered in their favor and against Plaintiffs, without costs to them, but together with such costs, expenses, and attorney fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances; further, that no award be made in favor of Plaintiffs in an amount equal to three times their actual damages, inasmuch as it is denied any actual damages, in fact, were suffered or incurred by Plaintiffs in their purchase of the subject property. Respectfully submitted, Date: March 13, 1998 LAW OFFICES OF JOSEPH A. KLEIN, P.C. By, l~~ Mark S. Silver, Esquire I.D. No. 09825 100 Chestnut Street, Suite 210 Post Office Box 1152 Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Defendants Konstantinos Giannaris and Tina Giannaris 9 CBRTIFICATB OF SBRVICE I, MARK S. SILVER, ESQUIRE, of the law firm of JOSEPH A. KLEIN, P.C., attorneys for Defendants, do hereby certify that on this date I served the foregoing ANSWER TO COMPLAINT by placing a true and correct copy of same in the United States Mail, postage prepaid, deposited at Harrisburg, pennsylvania, addressed to counsel for the Plaintiffs as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 LAW OFFICES OF JOSEPH A. KLEIN, P.C. \UdB Mark S. 'S~ver, Esquire I.D. No. 09825 100 Chestnut Street, Suite 210 Post Office Box 1152 Harrisburg, PA 17100-1152 (717) 233-0132 By: Attorneys for Defendants Date: March 13, 1998 (,0 0 ...~ t""") c. ':'0 "1'1 -. . .. ! I i"' '. . , ,} :i,7J '. r.../ r" ::J ! , .) , C) .":'-.. " .'i-I - ., ~'J .- . '..- .. 'J ..., I ~n .;,.3 1".-1 . 'f ::J :;:::-' ~. I (.I :;:~ '.:-- - ...:::::::-~.. --- - . . ~ 00 ',0'" , . KIRBY J. BAER and SUSAN J. BAER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSYLVANIA Plaintiffs v. NO. 98- 60'1 CIVIL TERM KONSTANTINOS GIANNARIS and TINA GIANNARIS, Defendants CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I accept service of the Complaint captioned at the above term and number pursuant to Pennsylvania Rule of Civil Procedure 402 on behalf of the defendants, Konstantinos Giannaris and Tina Giannaris, and certify that I am authorized to do so. ~ Mark S. Silver, Esquire Suite 210, 100 Chestnut St. Post Office Box 1152 Harrisburg, PA 17108 Date: 1.-')-q'i,