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Home My WebLink About99-04437' t r 1r{? A v i iu ?_3 2111-76IMarch 22, 2000/JRD/BSB/132846.1 WILLIAM L. ADAMS, SR., AND BETTY J. ADAMS, Plaintiffs V. RICHARD E. EAMES AND JUDITH A. EAMES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4437 ARBITRATION NOTICE OF ARBITRATION HEARING NOTICE is hereby given that the Arbitrators appointed by the Court to hear and decide the above matter will (told a hearing for the purpose of their appointment on Thursday, March 30, 2000, at 9:00 A.M., in the Old Courthouse, Carlisle, Pennsylvania. March 22, 2000 TO: Johnna J. Deily, Esquire Saidis, Shuff & Masland 26 West High Street Carlisle, PA 17013-2956 Attorney for Plaintiff Gregory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17043 Attorney for Defendant Roger M. Morgenthal, Esq. Fishman & Morgenthal 95 Alexander Spring Road Suite 3 Carlisle, Pennsylvania 17013-9137 Arbitrator Benjamin T. Warner, Esq. 10 East High Street Carlisle, Pennsylvania 17013 Arbitrator Prothonotary, Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 erry R. le, Chairman 211146/March 22, 2000/1RD/BSB/132849.1 R, q i' U 3 'li H T `? 7 4 A .. u: ?Ya Lt JA WILLIAM L. ADAMS, SR., IN THE COURT OF COMMON PLEAS AND BETTY J. ADAMS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 99-4437 RICHARD E. EAMES AND JUDITH A. EAMES ARBITRATION Defendants ORDER OF COURT AND NOW, , 2000, Steven J. Fishman, Esquire, and Thomas S. Diehl, Esquire, are removed as arbitrators in the above-captioned matter and Roger M. Morgenthal, Esquire, and Benjamin T. Warner, Esquire, are appointed arbitrators in the above-captioned action by the Court. P.J. cc: Prothonotary, Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Roger M. Morgenthal, Esq. Fishman & Morgenthal 95 Alexander Spring Road Suite 3 Carlisle, Pennsylvania 17013-9137 Benjamin T. Warner, Esq. 10 East High Street Carlisle, Pennsylvania 17013 Steven J. Fishman, Esq. Fishman & Morgenthal 95 Alexander Spring Road Suite 3 Carlisle, Pennsylvania 17013-9137 Thomas S. Diehl, Esq. 200 North Hanover Street Carlisle, Pennsylvania 17013 WILLIAM L. ADAMS, SR., IN THE COURT OF COMMON PLEAS AND BETTY J. ADAMS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 99.4437 RICHARD E. EAMES AND JUDITH A. EAMES ARBITRATION Defendants ORDER OF COURT AND NOW, -t/UAck, a -3 , 2000, Steven J. Fishman, Esquire, and Thomas S. Diehl, Esquire, are removed as arbitrators in the above-captioned matter and Roger M. Morgenthal, Esquire, and Benjamin T. Warner, Esquire, are appointed arbitrators in the above-captioned action by the Court. .J. cc: Prothonotary, Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Roger M. Morgenthal, Esq. Fishman & Morgenthal 95 Alexander Spring Road Suite 3 Carlisle, Pennsylvania 17013-9137 Benjamin T. Warner, Esq. 10 East High Street Carlisle, Pennsylvania 17013 Steven J. Fishman, Esq. Fishman & Morgenthal 95 Alexander Spring Road Suite 3 Carlisle, Pennsylvania 17013-9137 Thomas S. Diehl, Esq. 200 North Hanover Street Carlisle, Pennsylvania 17013 TRUE COPY FROM RECORD In ? s'iri:,,%whereof, I here unto set my hand ..1itrs n! Said CGOi t M U1503, Pa. ts;y 0 f?2laadt_ C 1 G 1a Prothonotary WILLIAM L. ADAMS, SR., AND BETTY J. ADAMS, Plaintiffs V. RICHARD E. EAMES and JUDITH A. EAMES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4437 CIVIL 19 RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: .Tnhnnn .7_ Deily , counsel for the plaintiff/dnfnxdZp= in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 3,000.00 plus i nterest The counterclaim of the defendant in the action is n/a The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Gregory J. Katshir, Esquire 900 Market Street, Lemoyne, PA 17043, Attorney for Defendants WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully m tte , / ORDER OF COURT AND NOW, Lc C f G ?C , 19 in consideration of the foregoing petition, ??jz( Esq., ?4ryYCLr? '?9!!-- Esq., and , 4 ?' ?.y(J Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. 4V r r. M 4 L WILLIAM L. ADAMS, SR., :IN THE COURT OF COMMON PLEAS OF and BETTY J. ADAMS, :CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs VS. : NO. 99.4437 CIVIL TERM RICHARD E. EAMES and JUDITH A. EAMES, Defendants ANSWER TO COMPLAINT AND NEW MATTER AND NOW, comes Defendants by and through their attorney, Gregory J. Katshir, Esquire, with the following Answer to Complaint and New Matter as follows: 1. Paragraphs one (1) through seven (7) of the Complaint are admitted. 2. Paragraph eight (8) of the Complaint is denied. By way of further answer, Monroe Township has indicated that the sewer hook-up project is to commence in 1999 and therefore, the escrow money should remain in the escrow account to pay for the future hook-up as was intended by the parties. WHEREFORE, Defendants request this Honorable Court to deny Plaintiffs Complaint and enter judgment in their favor by directing that all monies remain in the escrow account and directing Plaintiffs to pay costs and attorney's fees. NEW MATTER 3. The representation set forth in Paragraphs one (1) through two (2) are incorporated herein as if the same were set forth in detail. 4. Representatives of Monroe Township have indicated to Defendants that the Township continues to work on the sewer plan that will effect Defendant's property. 5. Representatives of Monroe Township have indicated to Defendants that a contractor will be chosen at the Board of Supervisor's meeting in October 1999. Work on the sewer project is to commence shortly thereafter. 6. On or about June 1999, the Defendants executed, at the request of the Monroe Township Municipal Authority, a Deed of Easement and Right-of- Way. Pursuant to the Deed of Easement and Right-of-Way the Monroe Township Municipal Authority desires to undertake to construct or reconstruct a sanitary sewer system. Respectfully submitted, Gregory J. I tshir, Esquire Attorney foi Defendants PA ID #61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 VERIFICATION OF KNOWLEDGE INFORMATION AND BELIEF I verify that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 20 T I? Richard E. Eames a-&L Judic i A. Eames CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer and New Matter was served upon the following via First Class mail, on 5'(74/[' , postage prepaid as follows: Johnna J. Deily, Esquire Saidis, Shuff & Masland P.O. Box 560 Carlisle PA 17013 re N F_ _ ? CJ' ? Ll.. ?- LL '1'?41 w.. N 4?Lt' d iU -- l:. Cn b O' U WILLIAM L. ADAMS, SR., and BETTY J. ADAMS, Plaintiffs RICHARD E. EAMES and JUDITH A. EAMES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4437 CIVIL TERM ANSWER TO NEW MATTER AND NOW comes the Plaintiffs by and through their attorneys, Saidis, Shuff & Masland and respectfully answers the New Matter as follows: 3. No response is required. 4. Denied; Plaintiffs are without knowledge sufficient to ascertain the truth or falsity of the allegation in paragraph 4. 5. Denied; Plaintiffs are without knowledge sufficient to ascertain the truth or falsity of the allegation in paragraph 5. 5. Denied; Plaintiffs are without knowledge sufficient SAIDIS, GUIDO, SNUFF & MASLAND 26 W. High Steel Culisle, PA to ascertain the truth or falsity of the allegation in paragraph 6. WHEREFORE, the Plaintiff demands judgment in favor of the Plaintiff and against the Defendant in the amount of $3,000.00 plus interest and costs of this suit. Respectfully submitted, SAIDIS, S;99LPF 5,,MASLAND Donn a c. Uelly, Esquire 26,y. Hi Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiffs VERIFICATION I verify that the statements made in this Answer to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 9904, relating to unsworn falsification to authorities. Dated: `/LpZi H,/f i S wi????•. ?= d ?n / William L. Adams, Sr.? Betty , dams WILLIAM L. ADAMS, SR., and : IN THE COURT OF COMMON PLEAS OF BETTY J. ADAMS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 99-9937 CIVIL TERM RICHARD E. EAMES and JUDITH A. EAMES, Defendants CERTIFICATE OF SERVICE On this day of , 1999, I, hereby certify that I served a true and correct copy of the foregoing Answer to New Matter via United States Mail, postage prepaid, addressed as follows: Gregory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17093 SAIDIS, SHUFF & MASLAND By: SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Simi Carlisle, PA y lf) (- C? ._ Y ??; (?'?' ?? 1 1J?1 _. - u-?: C., r ?_ ? : ? ? iJ U , WILLIAM L. ADAMS, SR., and BETTY J. ADAMS, Plaintiff RICHARD E. EAMES and JUDITH A. EAMES, Defendant : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 99-4437 CIVIL ACTION - LAW NOTICE 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. Cumberland County Lawyer Referral Services Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 Dated: SAIDIS, SNUFF & MASLAND i By: ` -\ Jo n a J. Sup Deily, Esquire eme ourt I.D. N 53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff WILLIAM L. ADAMS, SR., and BETTY J. ADAMS, Plaintiffs RICHARD E. EAMES and JUDITH A. EAMES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4437 CIVIL TERM COMPLAINT AND NOW, comes the Plaintiffs by and through their attorneys, Saidis, Shuff & Masland, and respectfully avers the following: 1. The Plaintiffs are William L. Adams, Sr. and Betty J. Adams, adult individuals residing at 7 Lebo Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendants are Richard E. Eames and Judith A. Eames, adult individuals residing at 322 Old Stonehouse Road, Boiling Springs, Cumberland County, Pennsylvania. 3. On or about June 23, 1995, the parties completed a settlement for the property located at 322 Old Stonehouse Road, Boiling Springs, Pennsylvania, a copy of the settlement sheet is attached hereto and made a part hereof and marked Exhibit „A„ 4. Pursuant to the settlement, an Escrow Agreement was entered into, also dated June 23, 1995, between the parties, at SAIDIS, which time $3,000.00 was escrowed for items that were SHUFF & MASLAND incomplete at the time of settlement; a copy of said Escrow A •AT- W 26 W. High Street Gdlele, PA Agreement is attached hereto, made a part hereof and marked Exhibit "B". 5. Specifically, the $3,000.00 was escrowed for the purpose of a future sewer hook-up, to be completed on or before June 23, 1998. 6. According to paragraph 4 of the Escrow Agreement, in the event of non-completion of the sewer hook-up, said Escrow Agreement will be renegotiated given the progress of the township for said sewer hook-up. 7. June 23, 1998 came and went, and the sewer hook-up had not been completed by the township. 8. It does not appear that the township has made any moves toward the sewer hook-up, and therefore, the escrowed money should be returned to the Plaintiffs. WHEREFORE, the Plaintiffs respectfully request Your Honorable Court to enter judgment in favor of the Plaintiffs against the Defendants in the amount of $3,000.00, plus interest on the $3,000.00 from June 23, 1998, District Justice costs, and attorneys' fees. Respectfully submitted, Joh ea J•..Teily, Esquire 26'- High Street Carlisle, PA 17013 717-243-6222 SAIDIS, SNUFF & MASLAND MORNUS-AT.tnw 26 W. High Street Carlisle. PA VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 9904, relating to unsworn falsification to authorities. ?? S? 5, ii Dated: JUN.-22.95(THU) 12:00 M S A W R& A A. SETTLEMENT STATEMENT TEL: 71, 163 1907 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT P. 002 OMB NO, 2502-0265 P 8. TYPE OF LOAN 1. [ 1 FKA 2. [ 1 FMHA 3. I 1 Cory. Unis, 4. [ ) VA 5. [ I Cenv. Ins. 6. FILE NUMBER FAMES 7. LOAN NUMBER SKS B. MORTOAOE INS CASE NUMBER C. NOYE:This form is furnished to give you a statement of actual settlement costs. Mounts paid to and by the settlement agent are shown. Item marked "[POCIR were paid outoide the closing; they are shown here for informational purposes and ore not Included in the totals. 4.1 12.94 (3/EAMES) 0. NAME AND ADDRESS OF BORROWER RICHARD E. EAMES and JUDITH A. EAMES E. NAME AND ADDRESS OF SELLER WILLIAM L. ADAMS and BETTY J. ADAMS F. MARE AND ADDRESS OF LENDER NORWEST MORTGAGE, INC. 0. PROPERTY LOCATION 322 OLD STONE HOUSE ROAD 901LINO SPRINGS, PA 17007 He SETTLEMENT AGENT MIDSTATE ABSTRACT COMPANY 1. SETTLEMENT DATE 23 PLACE OF SETTLEMENT 2331 MARKET STREET CAMP MILL, PA 17011 June , 1995 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100, GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER 101. contract Sales Price 75,900.00 401. Contract Sales price 75,900.00 102. Personal Property 402. Personal Property 103. Settlement Charges to Borrower line 1400 3,679.89 403. 104. 404. 105. 405. Adjustments for items paid by Seller in advance Adjustments for Items paid by Seller in advance 106. City/town taxes to 406, city/town taxes to 107. County taxes 06.23.95 to 01-01.96 72.00 407, County taxes 06.23-95 to 01.01-96 72.00 108. School Taxes 06.23-95 to 07-01-95 9.15 408. Schoot Taxes 06.23.95 to 07.01.95 9.15 109. 409. 110. 410. 111. 411. 112. 412, 120. GROSS AMOUNT DUE FROM BORROWER 79,661.04 420. GROSS AMOUNT DUE TO SELLER 75,981.15 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER 201. Deposit or earnest money 202. Principal Amount of New Loan(s) 1,000.00 77,400.00 501. Excess Deposit (see Instructions) 502. Settlement Charges to Seller tins 1400 7,344.80 203. Existing Loan(s) Taken Subject to 204. 503. Existing Loam Taken Subject to 504. Payoff let Mtg to AVCO FINANCIAL SERVICES 36,342.49 205. 505. Payoff 2nd Mtg to DAUPHIN DEPOSIT BANK S TR 5,803.87 206. 506. 207. 507. (Deposit disbursed as proceeds) 208. 209, SELLER CONTRIBUTION 1,744.00 508. 509. SELLER CONTRIBUTION 1,744.00 Adjustments for items unpaid by Seller 210. City/town taxes to Adjustments for Items unpaid by Seller 510. City/Lawn taxes to 211. County taxes to 212. School Taxes to Sll. County taxes to 512. School Taxes to 213. 513. 214. 514. 215. 515. 216. 516. 217. 218• 517. 518. ESCROW FUTURE SEWER HOOKUP;DAVIO W, REAGER, 3,00D.00 219• 519, 220, TOTAL PAID BY/FOR BORROWER 80,144.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 54,235.16 300. CASH AT SETTLEMENT FROM/70 BORROWER 301. Gross Amt Due from Borrower (line 120) 79,661.04 302. Lees Amt Paid by/for Borrower (line 220) ( 80,144.00) 600. CASH AT SETTLEMENT TO/FROM SELLER 601. Gross Amount Due to Seller (line 420) 75,981.15 602. Less Reductions Due Seller (line 520) ( 54,235.10 303. CASH ( 1 FROM [XI TO BORROWER 16. ..u.,...I -. Y -L--.., - -- 482.% 603. CASH Ex] TO [ ) FROM SELLER 21,745.99 .._. __, .---•r- -• - -1-- ".rr ?' P..wca 1HC VT una svmtm T a any atracnmeets rererred t0 heroin. BORROWER RICHARD E. EAMES SELLER WILLIAM L. ADAMS BORROWER JUDITH A. EAMES SELLER BETTY J. ADAMS Exhibit "A" HUD-1 (3.86) RESPA, HB 4 05.2 SETTLEMENT STATEMLNI PAUE d L. SETTLEMENT CHARGE 700. Total SNLes/Brokers commissions Bas? on Price S 75,900.00 B 6.0000 % Division of Commission (Line 700) as follow, 701. S 2,302.00 to CENTURY 21 SRENETULN 8 ASSOC. 702. S 2,252.00 to HELP•U•SELL REAL ESTATE PROFESSIONALS n 4, ..00 PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FOUR SELLER'S FUNDS AT SETTLEMENT 703, Commission Paid at Settlesent 4,554.00 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Lan Origination Fee % to 802. Loan Dbcont % to 803, AppralsaL Fee to STEVEN BARRETT 717.243-66 POC $275.00b 804. Credit Report to CREDCO POC $50.006 805. Letder-a Inspection Fee to 806. Mortgage Ins. App. Fee to 807. Assuiption Fee to 808. VA FUNDING FEE to NORWEST MORTGAGE, INC. 1,516.00 809. TAX SERVICE FEE to NORWEST MORTGAGE, INC. 96.00 810. FINAL INSPECTION to NORWEST MORTGAGE, INC, 50.00 811. DOCUMENT PREP/FLOOD CERT. FEE to NORWEST MORTGAGE, INC, 150/10 160.00 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from 06-23.95 to 07-01-95 OS 18.020000/day(B days %) 144,16 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for 1 years to ANTHEM POC 2201.00b 904. to 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance 2.0 months 9 $ 16.75 per month 33,50 1002. Mortgage Insurance months a S per month 1003. City/town taxes months 2 S per month 1004. County taxes 7.0 months B $ 11.41 per month 79.87 1005. School Taxes 12.11 months B S 34.78 per month 417,36 1006. months 2 S per month 1007. months 2 S per month 1008. months 2 S per month 1100. TITLE CHARGES 1101. Settlement or Closing Fee to MIOSTATE ABSTRACT COMPANY 35.00 1102. Abstract or Title Search to 1103. TftLe Examination to 1104, Title Insurance Binder to 1105. Document Preparation to SAIDIS 8 GUIDO DEED PREP 175,00 1106. Notary Fees to 1107. Attorneyis Fees to (includes above item numbers: ) 1108. Title Insurance to NIDSTATE ABSTRACT COMPANY 594.00 (includes above Item_ numbers: 1102 1103 AND 1104 ) 1109. Lender's coverage s 77,400.00 ' 1110. Owner's Coverage S 75,900.00 1111. END. • 100, 300 6 8.1 to MIDSTATE ABSTRACT COMPANY 50.00 1112. NOTARY FEE CASH 1113. NOTARY FEE to CASH 10,00 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Feast Deed S 12.00 )Mortgage $ 22.00 ;Releases S 34.00 1202. City/County Tax/Stanpsl Deed S 759.00 ;Mortgage S 759.00 1203. state Tax/stamps- Deed S 759.00 ;Mortgage S 759.00 1204. MORTGAGE SATISFACTION to RECORDER OF DEEDS 15.50 1205. MORTGAGE SATISFACTION to RECORDER OF DEEDS 15.50 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302, Peet Inspection to YINOST EXTERMINATING CO., INC. 30.00 1303. SEPTIC to LLOYD'S SEPTIC SERVICE 150.00 1304. WATER TEST/TREATMENT to REAL ESTATE ENVIRONMENTAL SVCS 1,344.80 1305. 1400. TOTAL SETTLEMENT CHARGES (Enter On Lines 103, Section J and 502, Section K) 3,679.89 7,344.80 By signing page 1 of this statement. the signatories acknowledge receipt of a ceepteted copy of page a -if this 2 page statement. MEANEST Certified to be a true copy Settlement Agent REALESTATE\escrow.agr ESCROW AOREEWENT AOREEIXNT made the 23rd day of Juno, 1995 by and between William L. Adams and Betty J. Adams, hereinafter called "Seller" and Richard E. Eames and Judith A. Eames, hereinafter called "Buyers", and David W. Reager, Esquire, hereinafter called "Escrow Agent". W I T N E 8 S E T H 1 WHEREAS, Seller is the seller of a residence located at 322 Old Stone House Road, Boiling Springs, Cumberland County, Pennsylvania; and WHEREAS, Buyer is the purchaser of said residence located at 322 Old Stone House Road, Boiling Springs, Cumberland County, Pennsylvania, with improvements thereon erected; and WHEREAS, settlement for the purchase of the above residence was conducted June 23, 1995, at which time 53,000.00 was escrowed by Escrow Agent for items which were incomplete at the time of settlement. These items are hereinafter met forth under paragraph 3. WHEREAS, the parties are desirous of clarifying the terms and conditions for the escrowed funds and, for this reason, have agreed to reduce to writing the conditions of the escrow. NOW, THEREFORE; in consideration of the mutual covenants contained herein and with the intention of being legally bound hereby, the parties do hereby agree as follows: 1. The parties hereby acknowledge the fact that $3,000.00 has been placed in escrow and is currently being held in an account maintained by Escrow Agent until such time as the terms and_ conditions of the Escrow Agreement, as they are hereinafter set forth, are satisfied. 2. For purposes of this Agreement, notice shall be sent to the following addressee: BUYER'S ADDRESS 322 old Stone House Rd. Boiling Springs. PA 17007 SELLER'S ADDRESS 7 Lebo Ro;,d Carlisle, ?A 17013 Exhibit "B" ESCROW AGENT'S ADDRESS 2331 Market Street Camp Hill, PA 17011 Z6'd at: :'HSo._,; 1 „ DSN•213NN09'7'13Manoo Wd TT:re 86-£T--inr 3. The items set forth below constitute the subject matter of the Escrow with respective amounts listed for their correction and/or completion: Escrow Funds for Future Sewer Hook-Up 4. The parties agree that all of the foregoing work, if applicable, shall be done in a good and workmanlike manner and/or shall be completed on or before June 23, 1996, at which time, in the event of non-completion of the mower hook-up, ea id escrow agreement will be renegotiated given the progress of the Township for said sewer hook-up. 5. The parties agree that the money held in escrow shall be released to Seller, in whole or in part depending on the amount of work completed, within ten (10) days of written notification given Buyer and Escrow Agent by sailor requesting release of the escrow funds. If the Buyer does not file written objections to the requested release of the escrow funds during the aforementioned tan day period, the Escrow Agent shall forthwith release the escrow funds to the Seller. If Buyer makes written objections to the release of escrowed funds, the Escrow Agent shall engage an independent Pennsylvania Real Estate Appraiser to determine if the work, for which a release of funds is requested, has been completed in a workmanlike manner. If the appraiser reports the work has been done in a workmanlike manner the escrowed funds shall be immediately released. If the appraiser reports LnaL the work has not been done in a workmanlike manner, the escrowed funds shall remain with Escrow Agent until the seller requests their release again, at which time the release procedure described herein shall be complied with. This Agreement ehal2 be binding upon the heirs, successors or assigns of the parties hereto. IN WITNESS WHEREOF, the ui(dersigned have hereunto set their hands and meals the day and year first above written. WITNESS: J r i SELLER William L. Adams c 3?717 -1ettTv ,, A ame BUYER Richard Z. Eames t A. Eamee ESCROW AGENT David W. Reager, Esquire z^e •d __•'. ply a>?t; JSH'eiSA tG-I lama loo Wd ZT:Ze e6- £T-nnr .-. L. ?: ` l! _ ( ' .. .._ 1 . -, . ? I ? . L? ?.- ??? . . C' l.- _ '1 i_ v tT :; . 7 ; _? WILLIAM L. ADAMS, SR., and IN THE COURT OF COMMON PLEAS OF BETTY J. ADAMS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 99-9937 CIVIL TERM RICHARD E. EAMES and JUDITH A. EAMES, Defendants CERTIFICATE OF SERVICE On this day of PU a" 1999, I, hereby certify that I served -a tr ua and correct copy of the Complaint via United States Mail, postage prepaid, restricted delivery as attached. SAIDIS, SHUFF & MASLAND SAIDIS, SHUFF & MASLAND A'TM1$15MT- AW 26 W. High Sirmt Wilde, PA 9 Carlisle, PA 17013 By: J na J., Dell Esq. R W. H' h St eet SAIDIS, SHUFF & MASLAND ATIORNI YPATPUW 26 W. High Street Carlisle, PA N m O m u v n - --z 332 847 97E us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for mtemauonti men oee reverse Ritc?tard E. Judith A. Fames Street a MMwr use Read 1 ingro pries, PA 17007 Postage $ S 5? Certified Fee.,^,- _ . L Sgeri?et '. `. 0 R I' r , 1 a Dat a red ? b 8 + 10T Oa BF ? ,S, ?,5 PosedaKQ,Date _,..,. t ? •I;gnprete x? 1•r•d+aR.,k(?Iaplal wrNws. ! ?PCpnpete M• ? ca a tra01XU. ^`?M??• ?•rr•ee q •Wrhe•Hnum ? 5 •Tw Retum #nttl ?r? Richard E. Eames - Judith A. Fames 322 Old Storehouse Road Boiling Springs, PA 17007 s PS F 3811, I also wish to receive the s cen rotum vr. ?mg sernces (far an extra fee): "pees not I 13 Addressee's Address emeM';°dm:estddedDelivery ; Consult postmaster for fee. 4a. ANde3Number ? 3e? 4b. Sernce Type a ? Registered 13 Express mail mall riffled ? RetumReceipifaMSrdlendw Insured O COD 3 7. Dete of Delivery ii I. Addressee's Address (Only Hrequested M and Iee Is Palo) II 1 i = <<? i : ., . _. _: - _? . ...?, PENNSTLVANIA JUDICIAL DISTRICT NOTICE OF APPEAL FROM l?'3 7 .2.2. DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 99 • r I `f 3 `( at3C O -77;M NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dote and in the case mentioned below. K I cNfl(Zb -t- Jul tTE-I EtqIJ4 b-S I GR4'LF guar JU)CRESS OF I 19 ELF ER' Y ua rcOOE 322 04-1 ST4) N£1-16 l4 S57 Qn,41 A,/u,Ii_ cPa,nii c Da L CV 19 4!59.9q LT 19 10081L This Notice of Appeal, when received by the District SLPERSEDEAS to the judgment for possession in this case appellant was (see Pa. R.C.P.J.P. No. Justice, will operate as a I 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after lgnature o Prothonotary a Deputy I filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see ft. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rub upon _T_(M Name appellee(s), to file a complaint in this appeal (Common Pleas No -g • 4q,3'7 Cl4-.%0 Tzr ) within twenty (20) days after service of rule or suffer entry of 5?+ judgment of non pros Signature esrt or ha eaanrey or epenf RULE: To ?? S W I L L ?fat?11 L eTppolee(s). aNama ? s/ i (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by Personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. n , it sips of r Try, a Orprtty ADPC31;1-& COURT FILE TO BE FILED WITH PROTHONOTARY I i i t '4 ?j y ? N 4 ? V r>C , w?-- cam: ? l- J u_ " _ L L1 1 ? 9 q. Cn 0 O a) Z3 U ---?• uo sonrlm uoiseuuwo? 6yy - 0K011:0 to 01111 _ un_w mvm u.?eo.ll.? wr, y,v. nm?o,p ?>royla to an1au61S tuep/e )o elnleu6rS 6L K) AVCI SIHI 3W 3H0339 039iuoSfl(1S ONV (03NUIdd V) NHOMS olalau PagoeAe ldla3al s,lapuas 'pew (palals160j) (payplao) Aq ? 03IAJas IeuOSJad Ad '-6l - ? uo passalppe sem aped ayl wogM Ol (S)Dal ladde aql uodn IeaddV to aogoN anoge ayl6u;Au edwo3oe lu Ield WOOL, alij Ol alna 84l PaAJaS I MR laqunl pup. 'Olelay pag3elle ldlaoal s,lapuas 'pew (palalsi6al) (pagRlao) Aq ? 031Alas leuoslad Aq uO' - ? 6l (oweu) aapadde aul uodn pup. 'olalay payoelle ldlaoal slapuaS'llew (palalSl6al) (paygla3) Aq [] a31elae leuoslad Ad ? ------- (83rn1aS)0 elep) uo ulalayl peleu6lsap aollsnf loms!a ayl uodn - ON scald uowwo0 •laodd V to a3yoN agl to Ado3 e ? paA1651 le4l wlillelOlearAS Agalay I :liAV0ldeIV 00 : 30 kiNnoo VINVAIASNN3d JO HIIV3MN0WW00 (sa.roq a)geopdde )loapp 7eadde )o apgou 041 50119 8l31dV SA VC "O11 N31 NlHIW (337H 3o 1sRW agmJaS )o )oold S(yl) 1NIVIMOO 311A 01 31nb aNV 1V3ddV 30 30110N 30 331AL13S 30 300ad COMMONWEALTH OF PENNSYLVANIA COUNTY OR ' uBIBERIAM Map. Disl- No.: 09-3-05 DJ NAM4.. Mon. GAYLE A. ELDER AW'061: 507 N. YORK ST. MECHANICSBURG, PA Tabplwna: (717) 766-4575 17055 JUDITH EAMES 322-OLD STONE HOUSE ROAD BOILING SPRINGS, PA 17007 r. THIS IS TO NOTIFY YOU THAT: Judgment: FVE -FLATNTI"-- ® Judgment was entered for: (Name) AnAms, wrr r TAM T., RIP Ar ?X Judgment was entered against: (Name) RAMRC RT gARn in the amount of $ 3, 270 _ nn on: ? Defendants are jointly and severally liable. R Damages will be assessed on: 7 This case dismissed without prejudice. Amount of Judgment Subject to Attachment(Act 5 of 1996 $_ Levy is stayed for days or ? generally stayed. F-1 Obiection to levy has been filed and hearing will be held: u Date: Place: Time: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME aW ADDRESS WILLIAM L, ET AL. [ADAMS , 7 LBBO ROAD CARLISLE, PA 17013 L J VS. DEFENDANT: NAME anti ADDRESS rEAMES, RICHARD, ET AL. 322 OLD STONE HOUSE ROAD BOILING SPRINGS, PA 17007 L J DocketNo.: CV-0000159-99 Date filed: 6/11/99 1 a (Dale of Judgment) 7/08/49 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NQTICE OF APPEAL. Date ?? •_, District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. F Date District Justice ? Y• My commission expires first Monday of January, AOPC 315.99 2002 'dEAC COMMONWEALTH OF PENNSYLVANIA COUNTY OF: UuFWJ5xi,nnu Mat. Dist. No.: 09-3-05 DJ No.*. Hon. GAYLE A. ELDER eemess: 507'N. YORK ST. MECHANICSBURG, PA T.Ispnona: (717) 766-4575 17055 JUDITH NAMES 322 OLD STONE HOUSE ROAD BOILING SPRINGS, PA 17007 NOTICE OF JUDGMENT/TRANSCRIPT CASE CIVIL M PLAINTIFF: SS WILLIAM L, ET AL. rADAMS , 7 LEBO ROAD CARLISLE, PA 17013 L J VS. DEFENDANT: NAME am ADDRESS rEAMES, RICHARD, HT AL. 322 OLD STONE HOUSE ROAD BOILING SPRINGS, PA 17007 L J Docket No.: CV-0000159 99 Date Filed: 6111199 THIS IS TO NOTIFY YOU THAT: Judgment: -FOR r .Ar T1T 0 Judgment was entered for: (Name) AnAMC, WTT.T.TAM T., E'P AT.- Fx] Judgment was entered against: (Name) RAmEq, TrmT PH in the amount of $ a, 271 _ nn on: (Date of Judgment) 71nA/ag ? Defendants are jointly and severally liable. (Date & Time) ? Damages will be assessed on: ? i ? This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/Act 5 of 1996 $_ ? Levy is stayed for days or ? generally stayed. Date: --- Place: Time: Amount of Judgment $ 3.200.00 Judgment Costs $ 71.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,271.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ F-1 Objection to levy has been filed and hearing will be held: Date ,sriP.Rmb?u?s, c r1ce,tify that this is a true and correct copy of the record of the proceedings contOjning the judgment' Date District Justice ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. JC' I C[ My commission expires first Monday of January, AOPC 315-99 zuu;d 4 acre COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na %Ir - ,/,/.J,'l 1, ?.-. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgrent rendered by the District Justice on the deft and in the case mentioned below r I C! 1>412? -I- JCA 1 TAI A A) 6-S UZ'S N W t. Gf (L ?- R. eL.e ?rz 322 oeh S70rvEH6uS? 2oRJJ t?TD/(-IAJ(J-SC?2nUVS PA- 1 0 7 "7 ot5 9q 14b,?r) 15 W(C_LI f}rk1 ?.? Eila'lES , 121C#4al) E-rat, NATME F A LAr11 ,n AR MYY?Z VI , CY 19 /59.9`! / LT 19 This block will be signed ONLY when this natation is required under Pa. R.CPJ.P. No If appellant was C. IIMANT (see Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action . 9fo/e District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAIN," within twenty (20) days after Signature o Prothonotary or Deputy tiling his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Ihls section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon >9 rti15 w I L L 6/41 I - , (= T .'`'1 t , appellee(s), to file a complaint in this appeal Nave W appellees) Connnon Pleas No V 3'1 Oe <r.!' 7 t (within twenty (20) days after-service of rule or suffer entry of u erit of non ( ) Y ( ) / Y 1 d9m P? signature t or ns allwmy or agent RULE: To A b 40 S, W IL C //` M L f (H eppellee(s). Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) 0-you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule 9 service was by mail is the date of mailing. y Data.. 19? 77. ?=4Ll'1. 711+..I su'A;4 Sipshia d or omuty raacau.e. COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This Prom ill corvine MUST 13E FILED W/ THIN Tit i IOr DAYS AFIER f,lwg tilt: nnlice of appeal Chock app6eab/e boxes/ COMMONWEALTH OF PENNSYLVANIA COUNTY Of __t, •_,?l^c'!'Ltr_rt,?_ AFFIDAVIT: I hereby ;vi or iffnil, that I served ? a c00V of the Notice of Appeal. Corn moil Pleas Ido Upon th, District Justine designated therein on (date of service) realgtt ahachod hereto and upon the appellee, lnarne, D by personal servic:o t-1 by (Dernfied) (registered) mail, sender's ------ on ?` ------- - Ig--- by personal srlrvic,: [] by (carolled) (rogtstefed) maid, sender's receipt attached hereto. and further that l Served the Rule to Filet Complnint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressee )it 19_2 `J., ;] by personal serviceXoy (certified) (registered) mail sender's mcetpt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME _>2.<>z r.,d.-_.- THIS DAY OF t •, t'_? __.. 19 -It If_ Signature of affiant Sinn u.r, •ht aY (. sire, ,r l,l w.•v3 t..t nu: of oil, un , MY Gnmmpe°et enpu.. Si. NOTARIAL SEAL ELAINE M. REGI, Notary Public City of Carlisle. Cumberland County M Commission Evpves NOV 6. 2000 .o- K'fi,: Z 347 478 °9A m m m 8 lvtl7 tl LL a US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemminnal Mail /Coil .nvmm?i Sentto L.J,CCf/fNf JS-L1?t?ft5 Street & Number ? e 676o ii I) Post Office. State. & ZI P•Fode c t(=c15CE r? f7C y Postage $ 3 Candied Fee Spain Delivery Fee Resindee Delivery Fee Relum Recetpl Shovnng to Whom d Date Delivered liemoeftq Sari to Whom, Dale, 8 M6aueel MGas / TOTAL Postage 6 Fees $ 2 9 PosltnelPt N-' `,0 r Ti C ern r-- -- . U C. N .' Cl . , . C t r fJ v ,rr re < - } 'i'r ?]OIiNSON, DUFF.J6 1 ,1('5 ) J+p 1.. I7a3 aid, WILLIAM L. ADAMS, SR.,, AND BETTY J. ADAMS, Plaintiffs V. RICHARD E. EAMES AND JUDITH A. EAMES Defendants ,: x +pr„„? 3. , }fit a 17$'X9 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4437 ARBITRATION ORDER OF COURT AND NOW. *4AI ?•3 2000 Steve J - a . Ashman, Esquire, and Thomas S. Diehl, Esquire, are removed as bitrators in the above captioned matter and Roger M. Morgenthal, Esquire, and Benjamin T. Warner, Esquire, are appointed arbitrators in the above-captioned action b the Court. P.J. cc: Prothonotary, Cumberland County Cumberland County Courthouse One Courthouse Square ?C??j^rl"isylel Pennsylvani 117013 Roger M. Morgenthal, Esq. Fishman & Morgenthal 95 Alexander Spring Road Suite 3 Carlisle, Pennsylvania 17013-9137 Benjamin T. Warner, Esq. 10 East High Street Carlisle, Pennsylvania 17013 Steven J. Fishman, Esq. Fishman & Morgenthal 95 Alexander Spring Road Suite 3 Carlisle, Pennsylvania 17013-9137 Thomas S. Diehl, Esq. 200 North Hanover Street Carlisle, Pennsylvania 17013 ,w ?'- e41,;,; '3 -.44 w 00 M?:fi 2 "4 '+ i 9-. fi 3 -fir`NX 'LII v1A\.f1 ' ?I?1 [.VI .S wIL(_(PNM t,. /gpnM,s, -SR, A N 1J (3ILI I `f J D ?i MS) Plat?F?f 3 V ) RIGI^JA?y Z .?A??s ) F! w n -TLo l r-y 14 Lt6 5 Are Kdr, Kh OATH In The Court of Common Pleas of Cumberland County,, Pennsylvania No.?;?.2 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 off?"th fidelity. C-) r ru .i - iairman ..J AWARD we, tae ugdersigned arbitrators, having been duly appoinced and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) V . Arbitrator, dissents applicable.) Date of Hearing: 3 00 o Date of Award: 3 3 D d NOTICE OF ENTRY OF AWARD (Insert name if Now, the 36 day of MQ-M , oLVO , at /6U3, a •n., award was entered upon the docket and notice thereof given b mail parties or their attorneys. y Arbitrators' compensation to be paid upon appeal: $, 1 the above to the c v ,? , -s f64 VSn I Lit ????J?rd t A r/ U-? %a-- (__i V m - F, S? n14'rL f /?V r-e,14(' y? r l& /I r rY 6,, i. ?z t tav% r. kW475- J CJ£?9?t&A Z jj -, avk S f ?7-7o X4-t? /" Co' 4. ; . oo