Dixie Van Aernam - Page 4




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          have stipulated the following with respect to payment of the                
          purchase price:                                                             
                    10.  Pursuant to the * * * [sale contract],                       
                $5,000.00 in cash was given to Thomas Archer, a real                  
                estate broker and husband of Sandra L. Archer, to                     
                hold in an escrow account.                                            
                    11.  On December 23, 1993, an additional                          
                $9,000.00 was paid to Sandra L. Archer via a                          
                cashier’s check purchased by Mr. John K. Richards.                    
                Mr. Niles, the broker who represented Steven, wrote a                 
          letter to respondent’s counsel in this case.  That letter, dated            
          January 18, 1999, is headed “STATEMENT OF FACTS”, and, among                
          other things, it states:                                                    
                I HAD SANDRA ARCHER SIGN CONTRACT ON OCT. 25, 1993                    
                AS THE SELLER AND MR. AND MRS. VAN AERNAM SIGNED THE                  
                FOLLOWING DAY, OCT. 26, 1993 AS THE BUYERS.  AT THAT                  
                TIME MR. VAN AERNAM WENT TO MRS. VAN AERNAM WHO WAS                   
                THEN RESIDING AT A SEPARATE RESIDENCE.  WE OBTAINED                   
                THE DEPOSIT IN CASH FROM HER AND SHE SIGNED CONTRACT                  
                AND INITIALED CHANGES MADE IN THE CONTRACTUAL TERMS                   
                ON THE CONTRACT.  WE THEN LEFT WITH THE DEPOSIT AND                   
                IT WAS DELIVERED TO TOM ARCHER’S ESCROW ACCOUNT WHO                   
                IS A BROKER AND HUSBAND OF THE SELLER.                                
                On May 13, 1994, Steven was arrested and charged with                 
          trafficking in cocaine, possession of cannabis over 20 grams                
          (together, the drug charges), and the unlawful possession of a              
          firearm by a convicted felon.                                               
                There are in evidence copies of two papers purporting to              
          convey the property from Ms. Archer:  The first is entitled “Quit           
          Claim Deed” (the first quitclaim deed), executed on May 21, 1994,           
          and conveying the property to petitioner.  The second is entitled           






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