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<br />BARTON & BARTON <br /> <br />ATTORNEYS AT LAW <br /> <br />171 NORTH MADISON AVENUE <br /> <br />P.O. BOX 263 <br /> <br />GREENWOOD,INDIANA46142 <br /> <br />TELE: 881-9979 <br /> <br />SEP 2 2 1998 <br /> <br />KEVIN M. BARTON <br /> <br />KENNETH E. BARTON <br />1924 - t998 <br /> <br />September 22, 1998 <br /> <br />Mooresville Plan Commission <br />26 South Indiana Street <br />Mooresville, IN 46158 <br /> <br />Re: Rezoning of Property Owned by <br />Ronald Fritch, Sr. <br /> <br />To Whom It May Concern: <br /> <br />'-' <br /> <br />It has come to my attention that Ross O. Holloway of Holloway Associates, P.C. has filed <br />an application for approval of a four (4) lot Minor Plat known as Roberts Minor Plat on behalf of <br />Charles Roberts and purportedly on behalf of the Estate of Ronald Fritch, Sr. <br /> <br />Please be advised that Ronald Fritch, Sr. died on June 28, 1998. A probate estate was <br />opened in the Morgan County Superior Court No. I under Cause Number 55DOI-9808-EU- <br />00084 by Order dated August 25, 1998. By Letters Testamentary issued by the Clerk of Morgan <br />County on August 26,1998 to Emerson E. Fritch, as the Executor of the Estate of Ronald Fritch, <br />Sr. At the time of death, Ronald Fritch, Sr. owned certain real estate situated at 3076 State Road <br />144, Mooresville, Indiana, and which consisted of a 10.61 acre tract, more or less. <br /> <br />The Estate has been made aware that Ronald Fritch, Sr. had entered into a Purchase <br />Agreement with Charles Roberts for the sale of the foregoing property on date of May I, 1998. <br />By the terms of the said Agreement, a period of sixty (60) days was to be allowed for rezoning <br />the property. It is the understanding of the Estate of Ronald Fritch, Sr. that the period for <br />satisfaction of the contingencies under the terms of the Purchase Agreement expired, and that the <br />Purchase Agreement has expired due to the inability to satisfy the contingencies under the terms <br />of the Purchase Agreement. <br /> <br />This position was verbally communicated to Sharilee Gray of Carpenter Better Homes & <br />Gardens Realtors. She was asked to forward any documents showing a different relationship <br />between Mr. Roberts and Mr. Fritch to counsel for the Estate of Ronald Fritch, Sr. Subsequently, <br />counsel was also contacted by Mrs. Charles Roberts, and she was also advised of the same. <br /> <br />- <br />