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11-4543
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JASON P. KUTULAKIS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2011 - VS. MARY D. KUTULAKIS, PRAECIPE FOR LIS PENDENS Respondent c 3 rncu -? a -c ? PRAFIPE FOR LIS PENDENS w ? tY, o n ? To the Prothonota C-3 ry: c ?-n ? pa C.Dc M Please index the above as a lis pendens against the real property situated in West PennStorff 5! Township, Cumberland County, Pennsylvania, known and numbered as 505 Barnstable Road, Parcer Identification Number 46-08-0583-067, as set forth in the Deed recorded in the Cumberland Coun ty Office of the Recorder of Deeds, Book 268-4376 and is particularly described in Exhibit "A", attached hereto AND Parcel 46-08-0583-065, as set forth in the Deed recorded in the Cumberland County Office of the Recorder of Deeds, Book "T" Volume 21, Page 408, and as particularly described in Exhibit "B", attached hereto. I hereby certify that the above-captioned matter, Civil Action 2011- , Jason P. Kutulakis is the Petitioner residing at 411 Barnstable Road, Carlisle, Pennsylvania 17015 and Mary D. Kutulakis is the Respondent'-residing at 505 Barnstable Road, Carlisle, Pennsylvania 17015. This action on behalf of Jason P. Kutulakis is the result of the Petition to Open the Estate of and Set Aside the Final Account and Distribution of the Estate of Peter N. Kutulakis, which affects the title to the described real property at 505 Barnstable Road, Carlisle, Pennsylvania 17015, in this Commonwealth. Any interest that any party may acquire in this property, described above, will be subject to the result of this action. P. Dated: > 6`5 f ?0 l ho Nu?rc e ri4j,14 11 Nqn File No. 05-0021 Parcel ID No. 46-08-0583-067 L005 nh'y 16 Pn 1 11 Tbiq; 'We0 j, made the 10th day of May, 2005 A3PtbJCC1;1 MARY D. KUTULAKIS, widow, of 505 Barnstable Road, Carlisle, PA, 17013 (hereinafter called the Grantor), of the one part, and MARY D. KUTULAKIS (hereinafter called the Grantee), of the other part, Vitneooetb that the said Grantor for and in consideration of the sum of NO AND 00/100 DOLLARS ($.00) lawful money of the United States of America, unto him well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has remised, released and quit-claimed, and by these presents does remise, release and quit-claim unto the said Grantee, as sole owner, her heirs and assigns, All that certain lot or piece of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania being shown and Lots 2 and A on a Final Subdivision Plan for Mary D. Kutulakis, prepared by Larry V. Neidlinger, P.E.R.S., dated 11/17/97 and recorded 2/9/99 in Cumberland County Plan Book 78, Page 53, being described as follows: BEGINNING at a point in the center of a public road known as Barnstable Road (T-447) at line of land now or formerly of Sylvester Moyer; thence by the same, North 20 degrees West, 413.80 feet to an iron pin at lands of Mary D. Kutulakis; thence by same, North 76 degrees 47 minutes 22 seconds East, 248.90 feet to an iron pin; thence by same and lands of Jason P Kutulakis and wife, 13 degrees 12 minutes 38 seconds East, 410.70 feet to a point located in the center of Barnstable Road (T-447); thence along said road, South 76 degrees 47 minutes 22 seconds West, 200 feet to a point, the POINT AND PLACE OF BEGINNING, i CONTAINING 2.13 acres more or less. ??? l7F BEING the same premises which Thomas M. Place and Grace E. 2Qdsyin deed dated 5/12/98 and being recorded 5/26/98 in the Office of the PRe and for Cumberland County, Pennsylvania, in Deed Book 177 ge 2 granted and conveyed unto Mary D. Kutulakis, Mortgagor herein. AND BEING a portion of the same premises which Robert R. Line, Jr., and Joan P. Line, by Deed dated 10/2/65 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 21-T, Page 408, granted and conveyed unto Peter H. Kutulakis and Mary D. Kutulakis. The said Peter H. Kutulakis Deed-Quit CIUim Wbbx 268 P,?r_ 4378 EXHIBIT "A" 1/06/2009 2:36:04 PIN CUMBERLAND COUNTY died 8/5/97 whereby title became vested by law in his surviving spouse Mary D. Kutulakis. This is a tax exempt transfer of property to accurately describe Lots 2 & A of Plan Book 78, Page 53. Grao+ee -1- Gron+ur- are one ?,n -the Sa,-ne, Rtber anb bubjett to all conditions, covenants and restrictions of record. Togetber b,Itb all and singular the tenements, hereditaments and appurtenances, thereunto belonging, or in any wise appertaining, and the reversions, remainders, rents, issues and profits thereof; and also, all the estate, right, title, interest, property, claim and demand whatsoever as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. AGO babe anb to bOlb the said lot or piece of ground described premises together with the appurtenances, unto the said Grantee, his heirs and assigns, forever. In Witneo Whereof, the party of the first part has hereunto set his hand and seal. Dated the day and year first above written. SEALED AND DELIVERED IN THE PRESENCE OF US: J SEAL) R . K AK1S Commonwealth of Pennsylvania ss County of Cumberland On this the I Oth day of May, 2005, before me, the undersigned Notary Public, personally appeared MARY D. KUTULAKIS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand official seal. Notary Pu is My commission expires Deed-Ouit Ciaim F y'.G COMMONWEALTH OF PENNSYLVANIA Notarial Seal Public Angela F. Unger, Notary Orrstown 9oro, Franklin County My Commission Expires Oct. 71 2008 Member, Pennsylvania Associa>lon of NoteAGs 6'00 266 PACE4877 2 11/06/2009 2:36:04 PM CUMBERLAND COUNTY Inst.# 200516917 - Page 2 of 3 The address of the above-named Grantee is: 505 Barnstable Road Carl' le, PA 17013 On behalf of the rantee File No. 05-0021 Record and return to: Big Spring Land Transfer Company 34 South Hanover Street Carlisle, PA 17013 Deed-Quit Clamor tooK 268 PACE4378 Recorder of Dee 3 'I 1/06/2009 2:36:04 PM CUMBERLAND COUNTY Inst.# 200516917 - Page 3 of 3 II ? =T= w°1-1 .r,.. Att .r ,.„. 6 908 %....•, / ?, . ! 21PA r ?0- MADE THE Of our Lord one tAosannd rise hundntd day of October in the year sixty fivr (19654 BETWEEN ROBLR T R. LINE, JR. and JOAN Pe LINE, his wife, of R. D. 5, Carlisle, Pennsylvania, hereinafter called and PETER N- HUTULAKIS and VARY D. KUTULAKIS, his wife, Gofer a, the Borough of Carlisle, Pennsylvania, hereinafter called Grantees WITNESSETII, that in consideration Z. of iEhteon Thousand Five Hundred ($ 18,500.00) hard paid, the receipt rcherrof 1, hrrebp autaemvtedy d, the said Outran, amd e-vey to the said grantees, their heirs and asali?Ta,s es tenantsb thae entireties: ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, Registered Surveyor, on September 29, 1965, as follows: BECIN7ING at a spike in the center of Township Road No. 447; thence by land about to be conveyed to Sylvia H. Rambo, South 78 detxer.? 30 minutes West 940 foot to a point; thence by the same, South 11 degrees 30 minutes Eest 415 feet to a point; thence by the same, South 78 degrees 30 =Inutes.West 1594.02 feet to a stake; thence by land now or formerl* of Clarence Line, South 37 derrees 15 minutes west 904 feet to a stuns; thence by land now or formerly of Ray Albright, North 78 degrees 30 minutes East 2070 feet to a post; thence by the same, South 20 degrees East 479.30 feet to a stake; thence M. }toyer, North 81 depress 14 minutea!7 r ffeet to ormerly of Benjamin the East side of Township Road Ho. 4tt7; thence by land nowaort stake on formerly of Byron H. Kitch and in Township Road No. 447 in part, North 34 degrees 50 sinutes East 569.25 feet to a post; thence continuing by land now gr f ormerly of Byron H. K1tch, North 78 degrees 15 minutes East 802.70 feet to a 15 degrees 15theminutnce feet toraystake; thence by land ;about North be conveyed to Sylvia H. Rambo, South 78 degrees 30 minutes West 784.27 feet to a spike in the center of Township Road No. 4, center of said Township Road No. s 44 ?minnut by the 200 feet to a spike; thence by the sameNorth 6 , Worth d6derre•30minuteesssWest 100 feet to the Place of BEGINNING. CONTAINING 72.550 Acres, more or less, and being improved with a frame house and stone and frame barn. BEING the Southern portion of the property which }ras?cgnbeyed to Robert R. Line, Jr. and Joan P. Line,.his wife, by Archie S. McClintock and Mary B. McClintock, his wife, by Deed dated August •1, 1964 and re- corded in:the office of the Recorder of Deeds for Cumberland County in Deed Book "H", Volume 21, Page 524. Cd Ne. Comb. Co. Pa. `. r; Or tr/C .r / ^I?1t 61-9s L?KKk L. ............................................................... e;m t a x•.r v., 10t rYnrrr-r;-RTrnrrr-f n r_ I101mrt rnei r I I I i 1. I I t i EXHIBIT "B" -n P•n•a v.•ua zan st aetv.sy Miry IIJIFIN ..................................................................................................................................................................? AND the said irraatoes hereby covemmt and agree that they and each of them tvw ararrsnt generally the property hereby conveyed, ell MCI% IN tCIMESS tt'REREOF, mid rnaators have hererato set their the day and year / rst above roritten. hands and seal a ??•?s••s?rvot -- 'a•L Robert R L . ine, Jr. uu c 1 1 State of Pennsylvania 11 County of Cumberland On this, eke y day of ` October . ID 65, before mt, the undersigned oPF, p,rsoa6uy appeared Robert R. Line, Jr. and Joan P. Line, his wife, Lxonat to me (or satiefaetor:Ty Proven) to be the perused whose names are eabscribad to the within Contained trenk and aeknowlsdged that they rzscnted eke same for the ParPo•u therein IN WITNESS WRZJ?EOF, I hereunto set my ha and o ?i NOTARY PUBLIC ? - '• .' s= • t?: - $?TCalnnvssisnie/•etiliKlb.im ° Dan d Gaksk Ps, Cum0. tilttls u/,v yen /, C:'y e=1 21ma 409 1 a 21r 410 State of u. County of On this, the day of before me, the undersigned o$icer, personally appeared known to ins (or Satisfactorily proven) to be the person Whore wawa subscribed to the within instrument, and aekwowredped that As executed the same for the pwrposu therein contained. IN WITNESS WHEREOF, I hereunto set my As" and official sal. tore of O?teer. do hereby certify t?l t the precise residence and complete post *fee address of the Within named pra+da is I .dv . / y , ,e+ /l? y cl?E!l.Ir? (.C? L lo(?s'' 01 ~Anwey /or Cecq? _ G Eat ? sue w 'O 1•? 99 W ?rI H ? ' E al• H ae ? Q F w i 5yC 3 . ? F5 a x COMMONWEALTH OF PENNSI'LVAN A, ?a County of. _ ___..?_.? RECORDED on this day of _L. el-4- c ........... A. D. 1949 J en the Reemders OQia of void County, in Deed Book T VA .__ a l r Given under my hand and the of the said the date above written. Recorder. s v n 0 a~a 1 L.. ....................... ..................................... _............. _........ .......................................................... ................ J sT10 !. D. Ie?.Y. Mae Ux e ---- --?--?-- rtnrsi nn an IT n naNa - n..-T ... rii117 PTi r71'rl -a I ' II if 4 4 I CERTIFICATE OF RY E AND NOW, this 23`d day of May, 2011, I, Shannon Freeman, of ABOM & KUTULA"s, LLP, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR LIS PENDENS by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Thomas M. Place, Esquire 530 Greason Road Carlisle, PA 17015 Mary D. Kutul kis 505 Barnstable Road Carlisle, PA 17015 Sh on Freeman T % JASON P. KUTULAKIS, Petitioner V. MARY D. KUTULAKIS, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-4543 I Y? 01 Lis Pendens C- s 4 n- , -t ca c PETITION TO STRIKE LIS PENDENS AND NOW, comes Defendant, Mary D. Kutulakis, by and through her attorney, Dean E. Reynosa, and the law firm of Saidis, Sullivan & Rogers, and files this Petition to Strike Lis Pendens, and in support thereof avers as follows: 1. Petitioner Jason P. Kutulakis filed a lis Pendens against real property owned by Respondent Mary D. Kutulakis. See Exhibit A attached hereto. 2. Petitioner is Respondent's son. 3. Petitioner asserts that his Petition to Open Estate and Set Aside the Final Account and Distribution of the Estate of Peter N. Kutulakis (filed at the Cumberland County Register of Wills at 1997-00716) concerns title to the property identified in his lis pendens. See Exhibit B attached hereto. 4. In his Petition to Open, Petitioner asserts that he holds an equitable interest in real estate owned solely by Respondent. See ¶¶ 31 and 42 of Exhibit B. 5. The lis pendens concerns two parcels of land: Parcel Identification No. 46-08- 0583-067 (Deed Book 268-4376) (hereinafter referred to as "Parcel X); and Parcel Identification No. 46-08-0583-065 (Deed Book "T" Volume 21, Page 408) (hereinafter referred to as "Parcel B") 6. Parcel A was acquired solely by Mary D. Kutulakis by deed dated May 12, 1998. See Deed attached hereto and incorporated herein as Exhibit C. 7. Parcel B was acquired by Peter N. Kutulakis and Mary D. Kutulakis by deed dated October 2, 1965. See Deed attached to Petitioner's Petition to Open as Exhibit E. 8. Parcel B was held by Peter N. and Mary D. Kutulakis, husband and wife, as "tenants by the entireties." Id. 9. The Deed to Parcel B was never changed to include Petitioner Jason P. Kutulakis. Id. 10. By operation of law, Mary D. Kutulakis became sole owner of Parcel B upon Peter N. Kutulakis' death on August 5, 1997. Heatter v. Lucas, 367 Pa. 296, 80 A.2d 749 (1951). 11. "As long as the parties remained married, neither party may destroy the tenancy or alienate any portion of it for his or her own exclusive benefit without the consent of the other." 6 Summ.Pa.Jur. 2d Property § 6.3. 12. Without conceding that his Petition to Open will be meritorious, it is respectfully submitted that Petitioner does not possess any equitable interest in real property deeded individually to Respondent (Parcel A) and real property deeded as tenants by the entireties between husband and wife (Parcel B). 13. Real estate held by husband and wife as tenants by the entireties transfers outside of the decedent's estate subject to the terms of the individual deed. 14. It is respectfully submitted that Petitioner does not possess any equitable interest in Parcels A or B. I WHEREFORE, Respondent respectfully requests that this Honorable Court strike Petitioner's Praecipe for a Lis Pendens filed on May 23, 2011, and that it no longer be considered a cloud on the title to Defendant's property located at Parcel Identification No. 46- 08-0583-067 (Deed Book 268-4376) and Parcel Identification No. 46-08-0583-065. Respectfully submitted, SAIDIS,,SULLIVAN & ROGERS Dated: -I Vt,? . y sa, Esquire Attorney I.D. . 80440 26 West High St eet Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JASON P. KUTULAKIS, Petitioner VS. MARY D. KUTULAKIS, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2011 - PRAECIPE FOR LIS PENDENS PRAECIPE FOR LIS PENDENS To the Prothonotary: Please index the above as a lis pendens against the real property situated in West Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 505 Barnstable Road, Parcel Identification Number 46-08-0583-067, as set forth in the Deed recorded in the Cumberland County Office of the Recorder of Deeds, Book 268-4376 and is particularly described in Exhibit "A", attached hereto AND Parcel 46-08-0583-065, as set forth in the Deed recorded in the Cumberland County Office of the Recorder of Deeds, Book "T" Volume 21, Page 408, and as particularly described in Exhibit "B", attached hereto. I hereby certify that the above-captioned matter, Civil Action 2011- , Jason P. Kutulakis is the Petitioner residing at 411 Barnstable Road, Carlisle, Pennsylvania 17015 and Mary D. Kutulakis is the Respondent residing at 505 Barnstable Road, Carlisle, Pennsylvania 17015. This action on behalf of Jason P. Kutulakis is the result of the Petition to Open the Estate of and Set Aside the Final Account and Distribution of the Estate of Peter N. Kutulakis, which affects the title to the described real property at 505 Barnstable Road, Carlisle, Pennsylvania 17015, in this Commonwealth. Any interest that any party may acquire in this property, described above, will be subject to the result of this action. i' P. Dated:, ? ? ' ze SP ?; a !' r..i - j -7 v 1 r?lL r ?' _ _. File No. 05-0021 Parcel ID No. 46-08-0583-067 ijor i'16 Pal 1 11 EO i q a I made the 10th day of May, 2005 ?GPtbJCUI MARY D. KUTULAKIS, widow, of 505 Barnstable Road, Carlisle, PA, 17013 (hereinafter called the Grantor), of the one part, and MARY D. KDTULAKIS (hereinafter called the Grantee), of the other part, VItnE.55Et4 that the said Grantor for and in consideration of the sum of NO AND 00/100 DOLLARS ($.00) lawful money of the United States of America, unto him well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has remised, released and quit-claimed, and by these presents does remise, release and quit-claim unto the said Grantee, as sole owner, her heirs and assigns, All that certain lot or piece of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania being shown and Lots 2 and A on a Final Subdivision Plan for Mary D. Kutulakis, prepared by Larry V. NeidIinger, P.E.R.S., dated 11/17/97 and recorded 2/9/99 in Cumberland County Plan Book 78, Page 53, being described as follows: BEGINNING at a point in the center of a public road known as Barnstable Road (T-447) at line of land now or formerly of Sylvester Moyer; thence by the same, North 20 degrees West, 413.80 feet to an iron pin at lands of Mary D. Kutulakis; thence by same, North 76 degrees 47 minutes 22 seconds East, 248.90 feet to an iron pin; thence by same and lands of Jason P Kutulakis and wife, 13 degrees 12 minutes 38 seconds East, 410.70 feet to a point located in the center of Barnstable Road (T-447); thence along said road, South 76 degrees 47 minutes 22 seconds West, 200 feet to a point, the POINT AND PLACE OF BEGINNING. d r` CONTAINING 2.13 acres more or less. BEING the same premises which Thomas M. Place and Grace E. D' 0, y deed dated 5/12/98 and being recorded 5/26/98 in the Office of the Ree der of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 177 age 2072-, granted and conveyed unto Marv D. Kutulakis, Mortgagor herein. AND BEING a portion of the same premises which Robert R. Line, Jr., and Joan P. Line, by Deed dated 10/2/65 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 21-T, Page 408, granted and conveyed unto Peter H. Kutulakis and Mary D. Kutulakis. The said Peter H. Kutulakis 8001<: 26g PIt`C4IS7 EXHIBIT "A" 3/2009 2:36:04 PM CUMBERLAND COUNTY died 8/5,197 xherebv title became vested by law in his surviving spouse Mary D, Kutulakis. This is a tax exempt transfer of property to accurately describe Lots 2 & A of Plan Book 78, Page 53. 6rant2P -t- GrC,+Or- CrP one ,n -f 1')6 Muba anb C-PUbjCCt tO all conditions, covenants and restrictions of record. Z0 GCtbrr W tb all and singular the tenements, hereditaments and appurtenances, thereunto belonging, or in any wise appertaining, and the reversions, remainders, rents, issues and profits thereof, and also, all the estate, right, title, interest, property, claim and demand whatsoever as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. AGO ?abr allb tO b0lb the said lot or piece of ground described premises together with the appurtenances, unto the said Grantee, his heirs and assigns, forever. In R)itneo IVOrreof, the party of the first part has hereunto set his hand and seal. Dated the day and year first above written. SEALED AND DELIVERED IN THE PRESENCE OF US: ? {SEAL} MkR KUTU AKIS Commonwealth of Pennsylvania ss County of Cumberland On this the 10th day of May, 2005, before me, the undersigned Notary Public, personally appeared MARY D. KUTULAKIS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my, hseal. s My commission expires Det:d-oua C,aini a COMMONWEALTH OF PEi?iNS?'1 VANIA NoWIBI Seal Public Angcla F. Unger, Notary Orrstown BOrO, Franklin Coun2?08 My Cornmrssion Expires Oct. 7, Wenia pssoc+auon of Notaries Member, Psnnsy 268 PAGL 2 77 1612009 2.36.04 PNA CUMBERLAND COUNTY Inst.4 20051.6917 - Page 2 of 3 The address of the above-named Grantee is: 505 Barnstable Road 140'n r . le, A 17013 mar!//?`? ? "Z behalf of the Grantee_ File No. 05-0021 Record and return to: Big Spring Land Transfer Company 34 South Hanover Street Carlisle, PA 17013 BOOK 268 P,,,4378 3 Il i?.uI, Recorder of c'CI c 3/2009 2:36:04 PM CUMBERLAND COUNTY Insl.t 200516917 - Page 3 of 3 t A i?.... MADE THE day of October in the year of our Lord one thousand nine hundred sixty flvr (1965). BETWEEN ROBM T R. LINE, JR. and JOAN P. LINE, his wife, of R. D. 5, Carlisle, Pennsylvania, hereinafter called N-: A.1L 1Ki.0.rr-- ,.mi., A. e t.w. DOCK / 21PA6E 408 Grantor e, and PETER 11. KUT11IAKIS and MARY D. BUTUL KIS, his wife, of the Borough of Carlisle, Pennsylvania, hereinafter called Grantees ll'ITNESSETH, Mal in consideration o/ Fightcon Thousand Five Hundred ( 16,500.00) Dollars, in hand paid, the reetipt reherrof is hrrrLlr aehnmoledged, the said grantors do hereby grant andconveytothesaid grantee a, their heirs and assi,3ls, as tenants by the entireties: ALL that certain tract of land situate in Test Ponnsboro Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, Registered Surveyor, on September 29, 1965, as follows: BEGINNING at a spike in the center of Township Road No. 447; thence b•: land about to be conveyed to Sylvia H. Rambo, South 78 der:recs 30 minutes West 94D feet to a point; thence by the some, South 11 degrees 30 minutes East 415 feet to a point; thence by the same, South 78 degrees 30 minutes. West 1594.02 feet to a stake; thence by land now or formerly of Clarence Line, South 37 decrees 15 minutes West 904 Tept to a stone; thence by land now or formerly of Ray Albright, North 78 degrees 30 minutes Eust 2070 feet to a post; thence by the same, South 20 depress East 479.30 feet to a stake; thence by ]]g?q?c?,,.11?),,qq,? or formerly of Benjamin 1.1. Moyer, North 81 degrees 14 minutes(A 'Q,s.O feet to a stake on the East side of Township Road No. 4117; thence by land now or formerly of Byron H. Kitch and in Township Road No. 447 in part, North 34 degrees 50 lainutes East 569.25 feet to a post; thence continuing by land now qr formerly of Byron H. Kitch, North 78 degrees 15 minutes Fast 802.70 feet to a post; thence by land now or formerly of Richard Chamberlain, North 15 degrees 15 minutes West 830 feet to a stake; thence by land about to be conveyed to Sylvia H. Rambo, South 78 degrees 30 minutes West 784.27 feet to a spike in the center of Township Road No. 447; tthence by the center of said Township Road 110. 447, North 6 degrees 44 minutes East I 200 feet to a spike; thence by the same, North 6 degrees•30 minutes West 100 feet to the Place of BEGINNING. CONTAINING 72.550 Acres, more or less, and being improved with a ; frame house and stone and frame barn. BEING the Southern portion of the property which y+as•conveyed to Rohert R. Lino, Jr. and Joan P. Line,. his wife, by Archie S. McClintock and Narv B. McClintock, his wife, by Deed dated AUF:ust•1, 1964 and re- corded in the office of the Recorder of Deeds for Cumberland County in Deed Book "H", volume 21, Page 524. ' mx+nr? :..w s khCcl P, .5.. Cumb. Co. Pt. 1 ? n.t lr Ll. In.tler T17 ,:/ 'r ,.,? \' ? -r?r?;_????, J_^"' • 1 A' ;I 11 I7 •^:' 1IK?_'-?•?{x . e ? I r-0 L D. Hut Use 1Qt ................... _......................................................................... [!:IPJ?'1 ? -III ? L EXHIBIT "B" vr-i : -r-r l it rn'•1 It'-1'-"' 1 rMitll1 171 11 1 1 I (, ? .. ................. ............... ........ ............................................................. .................................. r ( 1I+I+? I AND thr said grantors hereby covenant and agree that they and each of them will warrant generally the prvperty hereby eooreyed. 0,ik•'?'?i .I't--;?'.t?.;a?,1 fl;??en?:;!??{; t',?,` ?Cf,?+?•.I ?fJ171! I Y? .(rte 1Ii S d IN WITNESS WHEREOF, said grantors A"e hereunto set their hands andeeats ehc day and yrar first above written. ?lawrb. lrwlra{wa ONlrnas _.._....-.._............`._.?J:^__.__........_.... ¦ L. the a. sof Robert ft. Line, Jr. ff ? r, f . State of Pennsylvania ss. County of Cumberland On this, the y - day of October 19 65 , belare me, the undersigned officer, personally appeared Robert R. Line, Jr, and Joan P. Line, hia wife, j known to Inc (or satisfactorily proven) to be the persons whose names are subscribed to the within inatnrmcnt, and aeknowledped that they executed the same for the purposes therein contained. 11V WITNESS WHEREOF, I herrunto set my ha and official seat. NOTARY PUBLIC .-'."N1'Cmnrnrsr+en6io?c.laKid.1?69.'- c°c,,'rr' ??? ? ._.+?.r(.f J . I Borg, al whas, Pi. Cumb. age otr{I/J?ger." Q 4 . ? eccK'?21PAU 409 0 ` 1 r `1?? j I } 0 W U 8CCZ-1'21Pw 410 State of County o/ On this, the day of 19 , before me the undersigned officer, personally appeared knoton to me (or aatiaJactorily proven) to be the person whose name subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained IN WITNESS WHEREOF, I hereunto set my hand and official seal. Title of Officer, the precise residence and complete post office address do hereby certify !t of the within named grantee is 7 t-?i Elm ??? -G 185' rf ?. ............ r"Y Jar C/(?.__ G w w L m r A h o , W Z H SC a a ? ? ? F ? 3 d o e ta a ti COMMONW'EALM OF PENNSI'LVAN A, County of t% ?? ^ S - RECORDE ......... r D on this-- .C Y..__... day of ..LY A. D. 19Lt ??., in the Recorders Office of /std Cmenty, in Deed Dook 7- a r P al ._...._ age __ Given under my hand and the Val of the said o the date above written. / ..I,y?_., Recorder. _?Y--•• Lw ...................... ......................................... ,70 E. D. Hawk. U- 26X X U m ,A 1 ..._. ............................................................................ ....J t LIit?l? J ? 17 1 C,al t'A nnrnrrrninm r -unrmr - ii-r- "rnnnrr'i. I7Tri -.1 t 11 if CERTIFICATE OF SERVICE AND NOW, this 23"' day, of May, 2011, I, Shannon Freeman, of ABOM & KUTULAKls, LLP, hereby, certify, that I did serve a true and correct cope of the foregoing PRAECIPE FOR LIS PENDENS by, depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Thomas M. Place, Esquire 530 Greason Road Carlisle, PA 17015 Mary D. Kutulakis 505 Barnstable Road Carlisle, PA 17015 ?i1 ? Shaannon Freeman IN RE ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS CUMBERLAND COUNTY. PENNSYLVANIA REGISTER OF WILLS NO.: 1 997-007 1 6 ORDER OF COURT AND NOW, this day of 2011, it is hereby ordered that a hearing on the Petition of Jason P. Kutulakis regarding opening the estate and setting aside the final account and distribution of the estate of Peter N. Kutulakis, is hereby scheduled to occur on , 2011, at M., in Courtroom No. of the Cumberland County Courthouse to determine whether said estate should be opened and the final account and distribution should be set aside in the above-referenced matter. BY THE COURT, J. Distribution: Jason P. Kutulakis, Esquire, Petitioner 2 West High Street, Carlisle, PA 17013 Mary D. Kutulakis, Repondent 505 Barnstable Road, Carlisle, PA 17015 Thomas M. Place, Esquire 530 Greason Road, Carlisle, PA 17015 IN RE ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS NO.: 1997-00716 PETITION TO OPEN ESTATE and SET ASIDE THE FINAL ACCOUNT AND DISTRIBUTION OF THE ESTATE OF PETER N. KUTULAKIS AND NOW, this 23`d day of May, 2011, comes heir Jason P. Kutulakis, and respectfully Petitions This Honorable Court to Open the Estate of Peter N. Kutulakis, and in support thereof avers the following: 1. On August 5, 1997, Peter N. Kutulakis died. See, Death Certificate attached hereto as Exhibit A. 2. Peter N. Kutulakis was married to, but separated for approximately 15 years from, Mary D. Kutulakis at the time of his demise. 3. Peter N. Kutulakis and Mary D. Kutulakis developed a marital distribution plan for their marital assets including both real and personal property. 4. Peter N. Kutulakis resided at 7 East Chapel Avenue, Carlisle, Cumberland County, Pennsylvania at the time of his demise. 5. Mary D. Kutulakis resided at 411 Barnstable Road, Carlisle, Cumberland County, Pennsylvania at the time of Peter N. Kutulakis' death and remained there until March 1999. A 6. Jason P. Kutulakis is the sole child of Peter N. Kutulakis and Mary D. Kutulakis. A 7. Jason P. Kutulakis is an adult residing in Carlisle, Cumberland County, Pennsylvania. S. On August 26, 1997, a Petition for Probate and Grant of Letters Testamentary was filed in the Register of Wills Office, Cumberland County, Pennsylvania. 9. Peter N. Kutulakis died testate leaving a Last Will dated November 9, 1992. See, said Last Will, attached hereto as Exhibit B. 10. In approximately 1996, Peter N. Kutulakis and Mary D. Kutulakis met with Jason P. Kutulakis to discuss their estate matters and last wishes. These discussions included the distribution of the real property then owned by Peter N. Kutulakis and Mary D. Kutulakis. 11. Peter N. Kutulakis was crystal clear in his desires to leave all of his personal property and '/2 of his real prope-r y to his son, Jason P. Kutulakis. These desires are consistent with his Last Will dated 1992. 12. Peter N. Kutulakis informed Jason P. Kutulakis that he would leave a Will in his Carlisle apartment in a location which would be easily accessible. 13. Following his death, Jason P. Kutulakis gained access from the landlord to Peter N. Kutulakis' apartment. Yet, he was unable to locate any Will. 14. When asked, Mary D. Kutulakis specifically informed Jason P. Kutulakis that Peter N. Kutulakis died leaving no Will. 15. n or about October 2009, Mary D. Kutulakis informed Jason P. Kutulakis that she desired to sell approximately 20 acres of the family farm. 16. n November 18, 2009, Mary D. Kutulakis informed Jason P. Kutulakis that she ould not be selling the land to him. 17. On March 15, 2010, Mary D. Kutulakis and Jason P. Kutulakis entered into mediation to attempt to resolve their differences regarding the sale of the subject lands. 18. There were multiple mediation sessions. 19. Since the mediations sessions, Jason P. Kutulakis has obtained a copy of the documents filed in the Cumberland County Register of Wills office involving the Estate of Peter N. Kutulakis. 20. Jason P. Kutulakis found that Peter N. Kutulakis did not die intestate, contrary to what Mary D. Kutulakis had advised him. 21. Only after the mediation in 2010, Jason P. Kutulakis had learned that a Final Account had been in fact filed on August 19, 1999. YZ ?? 22. No spousal election occurred. 23. A surviving spouse may elect to take against the Will, but must do so in writing within six (6) months after the death of the spouse or the date of probate, whichever is later. 20 Pa. C.S.A.§2210. 24. Mar}, D. Kutulakis failed to submit to the clerk of Orphans' Court a writing evidencing her desire to exercise her spousal election. 1. 505 BARNSTABLE ROAD 25. Paragraphs 1-24 are incorporated herein. 26. On July 25, 1996, Peter N. Kutulakis executed an Agreement of Sale to purchase a two (2) acre parcel containing improvements from Thomas M. Place. This parcel is now known as 505 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. See, Agreement for Sale, attached hereto as Exhibit C. 27. Jason P. Kutulakis was unaware of the terms of the Agreement for Sale until he recently obtained a copy from the Register of Wills office. 28. The Agreement for Sale provided that, "This Agreement will be binding upon the respective heirs, executors, administrators, successors of the parties hereto." 29. On August 5, 1997, Jason P. Kutulakis acquired an equitable interest in the property at 505 Barnstable Road, Carlisle, PA. " i 30. Mary D. Kutulakis appears to have acquired ownership of 505 Barnstable Road by Deed recorded May 26, 1998. See, Deed Bk 177, PG 1012 and corrected by Deed BK 268, PG 4376, attached hereto as Exhibit D. 31. It is believed and therefore averred that Jason P. Kutulakis has '/2 equitable interest in the property located at 505 Barnstable Road, Carlisle, PA, pursuant to the Last Will of Peter N. Kutulakis. II. 411 BARNSTABLE ROAD 32. Paragraphs 1-31 are incorporated herein. 33. On October 2, 1965, Peter N. Kutulakis and Mary D. Kutulakis purchased the property now known as 411 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. 34. The property was deeded to "Peter N. Kutulakis and Mary D. Kutulakis, his wife," without specific designation of ownership. See, Deed, attached hereto as Exhibit E. 35. At the time of his death, 411 Barnstable Road consisted of 72.550 acres. more or less. See, Exhibit E. 36. It is believed and therefore averred that Peter N. Kutulakis and Mary D. Kutulakis agreed to divide this property as they had been separated for over 15 years. 37. Based upon conversations between Peter N. Kutulakis, Mary D. Kutulakis and Jason P. Kutulakis, it is believed that they agreed to sell a parcel of land, now known as 430 Barnstable Road, with the proceeds solely going to Mary D. Kutulakis. 38. In exchange, Mary D. Kutulakis agreed to move from the farmhouse located at 411 Barnstable Road, Carlisle, Pennsylvania so that Peter N. Kutulakis could relocate back to that house. 39. Based upon conversations between Peter N. Kutulakis, Mary D. Kutulakis and Jason P. Kutulakis, it is believed that they agreed that the remainder of the 72.550 acres would be held by Peter N. Kutulakis and Mary D. Kutulakis as Tenants in Common. 40. On August 5, 1997, Mary D. Kutulakis resided at 411 Barnstable Road. 41. It is believed and therefore averred that in 1998 Mary D. Kutulakis sold 8.18 acres now known as 430 Barnstable Road, Carlisle, Cumberland County, Pennsylvania, in keeping with the plan as devised by Peter N. Kutulakis and Mary D. Kutulakis. 42. It is believed and therefore averred that Jason P. Kutulakis is an heir to 1/2 of the property formally known as 411 Barnstable Road, Carlisle, PA. TTT FR AT TT) 43. Paragraphs 1-42 are incorporated herein. 44. On August 19, 1999, First and Final Account and Distribution was filed with the Cumberland County Register of Wills. 45. On August 19, 1999, Mary D. Kutulakis resided at 505 Barnstable Road, Carlisle, PA 17013. 46. On August 19, 1999, Jason P. Kutulakis resided at 411 Barnstable Road, Carlisle, PA 17013. 47. The attorney for the Estate, Steven J. Schiffinan, Esquire filed a Rule 63 Certification asserting that the requirements of Rule 6.3 had been met. See, said Certification, attached hereto as Exhibit F. 48. The Attorney for the Estate filed an Affidavit of Service indicating that the First and Final Account had been served upon the parties in interest. See, Affidavit of Service, attached hereto as Exhibit G. 49. The Affidavit of Service served Jason P. Kutulakis at 505 Barnstable Road, Carlisle, PA 17013. 50. Jason P. Kutulakis did not reside at nor receive mail at 505 Barnstable Road, Carlisle, PA 17013. 51. The Final Account and Distribution appears to have been sent via Certified Mail return receipt requested. 52. Mary D. Kutulakis signed the Certified Mail Receipt for her set of the Final Account and Distribution on September 1, 1999. See, copy of Certified Mail receipt, attached hereto as Exhibit H. 53. Mary D. Kutulakis was not the agent of Jason P. Kutulakis. 54. On September 3, 1999, Mary D. Kutulakis fraudulently signed the Certified Mail Receipt for Jason P. Kutulakis' set of the Final Account and Distribution. See, copy of Certified Mail receipt, attached hereto as Exhibit I. 55. Mary D. Kutulakis failed to provide said Final Account and Distribution to Jason P. Kutulakis. 56. Mary D. Kutulakis failed to inform Jason P. Kutulakis that she had received the Final Account and Distribution. 57. The Final Account and Distribution was mailed to 505 Barnstable Road, Carlisle, PA 17013 as evidenced by the Receipt. 58. It is believed and therefore averred that Mary D. Kutulakis fraudulently held herself out to be the agent of Jason P. Kutulakis in signing the Certified Mail which contained the Final Account and Distribution of Peter N. Kutulakis' Estate. 59. It is believed and therefore averred that Mary D. Kutulakis fraudulently concealed the fact that she had received the Final Account and Distribution which was sent to and intended for Jason P. Kutulakis. See, Exhibit I. 60. It is believed and therefore averred that Mary D. Kutulakis intentionally concealed the fact that Peter N. Kutulakis died testate. 61. It is believed and therefore averred that Mary D. Kutulakis' actions were intended to induce Jason P. Kutulakis not to exercise his rights to the subject real estate. IV. FAILURE TO PROVIDE NOTICE PURSUANT TO RULE 6.3 62. Paragraphs 1-61 are incorporated herein. 63. Rule 6.3 requires that all parties in interest receive Notice that the estate at issue will be closed. 64. Rule 6.3 states that, "No account shall be confirmed unless the accountant has given written notice of the filing of the account and the call thereof for audit or confirmation to [...] every beneficiary, heir or next of kin." 65. Rule 6.3 requires that, "The notice shall state the date, time and place of the audit to the extent then known; shall also state the last day to file objections to the account to in the counties where the local rules require written objections; and shall include a copy of the statement of proposed distribution in counties where accounts are not audited in open court." 66. Jason P. Kutulakis never received the Notice required by Rule 6.3. 67. The Superior Court affirmed the trial court's decision to grant the Petition to Decision to Set Aside the Decree of Distribution ten (10) years after the initial distribution as heirs were not provided proper Notice. See, In re Estate of Alexander, 758 A.2d 182 (Pa Super 2000). 68. The failure to provide proper Notice to Jason P. Kutulakis, pursuant to 6.3, causes the Final Account and Distribution in the Peter N. Kutulakis to be void. See, In re Estate of Alexander, Id.; see also, In re Galli's Estate, 17 A.2d 899 (Pa 1941). WHEREFORE, it is respectfully prayed that This Honorable Court will grant the within Petition to Open the Estate of Peter N. Kutulakis and to set aside the Final Account and Distribution. Respectfully submitted, Ja on P. P o Se Attorney I.D. No.: 80411 2 West High Street Carlisle, PA 17013 I m O to ? ?-- m F m o = 1 y Q n 7`' I o ?y v o a Af of o o p` y Z D L -t III[ O N aC '1 1 C ?{ 'H a ?T mI o =O - I O f yM N O N O m C ?• YNo 00 c0 'D mac ? ?? K° 1 -? a y '? L7I zOZ ti m z I..,. z z -ai z m m O m A C F V O ? IPX o c : . : (? C ?m m C co p 37 .- -1 O C - c 3 va p ? - m -Di G m e of N O ,y nl D j 1mC? v i m D t\.) ?n CD ' n cc) (M) f ? •" m mm? ?111 'T 0- Io. E 9".U cr fi" m n o w G l? D mm o r „ C DO ? , - r m y ` m 1- a 1D x "~' p~ p( n O p , ` N n I 0 (n C) O d qq 01 - O`° ?ri m1~ N O?? C C % 70a m $ > z N ? N t W C7 O QI m p (C) 0 O Z O \ emu, c L oD N s n :? Om' C v > F-+pm ?O T O xi I ? `` T ,n lz?• m m? /Zm (p n ang Oxd m?? O c O po ( zI ?mA m Dm c f? ° D Iz Y w G8^I?.. m cn n n ? = cD, n? n0 < ?, m m oa O T T i (J R I O ! C - a 9 Q m? - -? _ m ,n 2? Z z a ? O m - ? O? z ° O O I? m o N _+ - C ld .y5 ?' w O In D z n S7 ? Z H V a rn O? m . Q 2 in (D D ?O Cn N C rn < z > m n x ? SL a CSC n n 'o r7 - n i z z 0 ° z T o N e? r 2 ?A 4!± ? Q 0 O O O -? ? C N? m 71 Q A C N t7 `nR1 m ; O r m ?O Z Z -? ma y- v n n 9 C m p ? a `^ Cn - N 3 O D D 1 { v m x o 1, ? N ? m = ? cl Ti. ml OI?\ T ?I w > U) ft p T m r, ZO m I z D c.: O M o O n ° O T < O n m .f O I D m { (D T m N do D =?? o p V o S 2 o - n = m 0 , m C N y ? a z A nN i° - o N W m F"' nl "?r ?? y y N m ! m?' x n oo c N z„ P, n p c o o < r N z Ill ? DO 7 AA n ?e m 1O n n i m 1• v _-?c \I N . ° [ S G-? KK K D y D ? y +O (] m0 Y ? _/ (? W c/ b m. \ ?````cc ' (n in S 1 D® D '? L m (n y N Z -! Yn N < -Z '?^y mm (D m ` N r Fd } y CT Ci ! O C 9 y m n -?I y D O D D _ K' O ?' m I ? D z Z y FD T O 6 ?n O O ?? I? •.'I C> D IIn??I O I I V m m O Y W (n i m D (\ `? O ?.O _ O O A Z a 'x 2 O J z "-i I N A ? ZC 00 __j LI) Q7 G m r O T O '75 ? ® > > p T „ ., moo . C) ? y?cin), 171" Q^'F 1; =E I cn = a4 ZY - ? ? I e..1 _ m4 Fr 6.e (J - '? ?n r ? T} - ? ? EXHIBIT "A" ?*y(?-? l?}j ,6 _ _ ^y mi[? il ??L{L ? GP W `1J? A.-Y: •G?I? O p E 616'R ?+nw'-.hn R E0 N ?rt"pW: it.??? W•ryN y ((l?? j???5(dIZ`.'J0 _0 ?[y ?1 ?tl (AMY ? ? -? W' w n- h A A- T N TIfJ '-106(, '? N 7 N N{ ? NR fnZ m -C w p D 2 UI r xi mT"I omm ?''r{ ?r%y, p?v• VA ? D .-, ? O tl E- ?' n ?. m iL n m p a ? D m n?? 3 y n M? 7 z- I i 1 ?t? C) K a i (D m°0? oA nm F-, ?In m; , >cm c9 In ?? D, mn? ?I CI°cm r0? {f) ¢ ?? m YD° ?I OmC mo m y m : xI - m z ? _ m c rf ? < I A (n E l0 o lT c me r I -'j mG) D > o i rTl - i 6, ? N• ?? m z o O 555 O D n 4 -7 vZ 1 K F r O D U 60 I C) ? N N L _ 05 r 7 N T - y? ? u f I m < o ? O r5 O ?.. Q ° p A D ?"1 - 97 - i io p cj? -7-ro c,C- CLG r c ? ??? 74 k-r wI dIZI,4?K b . acv i cir -? S , ?? v; J ?1 S DIU f?'t? 1'U C<S . ef i l? cam- . 1 G, ?a 7Z EXHIBIT "B" AGREEMENT OF SALE f? MADE THIS aS day of 1996, by and between THOMAS M. PLACE, 530 Greason Road, Carlis e, Cumberland County, Pennsylvania, (Hereinafter referred to as "Seller") and YE'TER N. KUTULAKIS, 7 East Chapel Street, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Purchaser"). NOW THIS AGREEMENT WITNESSE T H, that the parties herein, for and in consideration of the mutual covenants contained herein, and intending to be legally bound; hereby agree as follows: 1. Premises Said. Seller agrees to sell to Purchaser, who agrees to purcht= the real estate located at 505 Barnstable Road, Carlisle, Cumberland County, Pennsylvania, together with a hoim.e and all improvements situate on said property, the property more specifically described as follows: All that certain tract of land with the improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road; at line of land now or formerly of Herman M. Hurley, et ux; thence by the same, North 74 degrees West 137.5 feet more or less to an old fence at line of land of Peter N, Kutulakis, et tr; thence by the same in a Northeasterly direction along said fence line, 375 feet -Wore or less to a point at line of land now or formerly of Ray M. Albright; thence by the sa.:mne, South 20 degrees 52 minutes West, 100 feet more or less to a point in the center line of said road; thence by the same, South 72 degrees 37 minutes West, 297 feet more or less to the place of BEGINNING. BEING the same property which Peter N. Kutulakis and Mary D. Kutulal:is, his wife, by their Deed dated April 22, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book O, Vol. 25, page 888, granted and conveyed to Thomas M. Place, mortgagor herein. 2. Purchase Price. Purchaser agrees to pay and Seller agrees to accept as full consideration for the premises, the sum of Thirty-Four Thousand Dollars ($34,000.00) payable as follows: Page 1 of 3 Pages EXHIBIT "C" A. $253.57 payable to Seller on the first day of each month beginning September 1, 1996. Seller agrees to use this payment to pay the principal and interest on the outstanding mortgage on the property. B. The balance which shall consist of the purchase price less payments made or, the It `tea principal during the period of the contract shall be payable on August 1, 197 7 . 7 Upon full compliance with the terms and provisions set forth herein, Seller ag_ ces '-o execute and deliver to Purchaser a deed for said premises. 3. Taxes and Insurance. Purchaser agrees to pay taxes and insurance on said property during the period of this contract. 4. Personal Property. All existing plumbing, heating, lighting fixtures, kitchen appliances, installed carpeting and fixtures are included without warranty in the purchase price. 5. Use of Property. Purchaser shall have full use of property including malting improvements or alterations in the property during the period of this contract. 6. Risk of Loss. Purchaser shall bear risk of loss from fire and other casualty. In the event of damage to the property by fire or other casualty, any insurance proceeds Seller receives from insurance on the property shall be applied to the purchase price. The Purchaser is purchasing and accepting the property as is. It is understood that these terms constitute the whole Agreement between the Seller and Purchaser and there are no other terms or conditions concerning this transaction. These terms cannot be amended except in writing, signed by the parties. 7. Assignment. This Agrecinent will be binding upon the re.spectivc heirs, cxcc:utors, ;administrator:;, successors of the parties hereto. Page 2 of 3 Pages S. Default. in the event that Purchaser violates any of the terms of this Agreement, the sums Paid by Purchaser which have been applied to the mortgage may be retained b}, Seller as rent or liquidated damages for such breach. Purchaser shall then be released from further liability to Seller. IN WITNESS THEREOF, the parties herein intending to be bound legally hereby st, their hands and seals. Seller: Witness Witness Purchaser: Page 3 of 3 Pages File No. 05-0021 Parcel ID No. 46-08-0583-067 2DD5 I??1 16 Pfd 1 11 T 0 .4 MI r01 made the 10th day of May, 2005 JCtbjeen MARY D. KUTULAKIS, widow, of 505 Barnstable Road, Carlisle, PA, 17013 (hereinafter called the Grantor), of the one part, and MARY D. KUTULAKIS (hereinafter called the Grantee), of the other part, 19It1Ie!55Ct that the said Grantor for and in consideration of the sum of NO AND 00/100 DOLLARS ($.00) lawful money of the United States of America, unto him well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has remised, released and quit-claimed, and by these presents does remise, release and quit-claim unto the said Grantee, as sole owner, her heirs and assigns, All that certain lot or piece of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania being shown and Lots 2 and A on a Final Subdivision.Plan for Mary D. Kutulakis, prepared by Larry V. NeidIinger, P.E.R.S., dated 11/17/97 and recorded 2/9/99 in Cumberland County Plan Book 78, Page 53, being described as follows: BEGINNING at a point in the center of a public road known as Barnstable Road (T-447) at line of land now or formerly of Sylvester Moyer; thence by the same, North 20 degrees West, 413.80 feet to an iron pin at lands of Mary D. Kutulakis; thence by same, North 76 degrees 47 minutes 22 seconds East, 248.90 feet to an iron pin; thence by same and lands of Jason P Kutulakis and wife, 13 degrees 12 minutes 38 seconds East, 410.70 feet to a point located in the center of Barnstable Road (T-447); thence along said road, South 76 degrees 47 minutes 22 seconds West, 200 feet to a point, the POINT AND PLACE OF BEGINNING. CONTAINING 2.13 acres more or less. BEING the same premises which Thomas M. Place and Grace E. D' y deed dated 5!12/98 and being recorded 5/26/98 in the Office of the Rec de Deeds in and for Cumberland County Pennsylvania, in Deed Book 177 age 20T2, granted and conveyed unto Mary D. Kutulakis, Mortgagor herein AND BEING a portion of the same premises which Robert R. Line, Jr., and Joan P. Line, by Deed dated 10/2/65 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 21-T, Page 408, granted and conveyed unto Peter H. Kutulakis and Mary D, Kutulakis. The said Peter H. Kutulakis BOOK ;?SB pi-,c:41 J76 Geed-Quit Cta-m EXHIBIT "D" rl MARFRI ANn rr)i rNTV died 8/5/97 whereby title became vested by law in his surviving spouse Mary D. Kutulakis. This is a tax exempt transfer of property to accurately describe Lots 2 & A of Plan Book 78, Page 53. 6rciofee + Gran-}vr 0- re one jr-) -the .Sa"rle. Enber anb 4§ubjett to all conditions, covenants and restrictions of record. TOgetber Witb all and singular the tenements, hereditaments and appurtenances, thereunto belonging, or in any wise appertaining, and the reversions, remainders, rents, issues and profits thereof, and also, all the estate, right, title, interest, property, claim and demand whatsoever as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. TO babr anb tO bOfb the said lot or piece of ground described premises together with the appurtenances, unto the said Grantee, his heirs and assigns, forever. In Vitne,zz 104ereof, the party of the first part has hereunto set his hand and seal. Dated the day and year first above written. SEALED AND DELIVERED IN THE PRESENCE OF US: aL 1,5- {SEAL} R . KUT AKIS Commonwealth of Pennsylvania ss County of Cumberland On this the 10th day of May, 2005, before me, the undersigned Notary Public, personally appeared MARY D. KUTULAKIS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand official seal. Notary Pu is My commission expires svANIA COMMONWEALTH OF PENN n Notarial Seal public Angcla F. Unger, Notary M ?CommisaonoExp reslOet 7 n2008 Member. P ennsYwBrim Assc-'+ation of Notaries Deed-ouit Claim 2 BOan 268 PAA8 ^ ^^^^ ^^ r.i MARFRi ANn COUNTY Inst.#,•' 200516917 - Paqe 2 of 3 The address of the above-named Grantee is: 505 Barnstable Road Car ' le, PA 17013 On behalf ?of the Grantee File No. 05-0021 Record and return to: Big Spring Land Transfer Company 34 South Hanover Street Carlisle, PA 17013 BOOK 266 PAGE4378 Geca-Quit Claim 3 lcl l +` ??. f r R CCOI"der or L)ee,?? rl IMRFRI AND COUNTY Inst.# 200516917 - Page 3 of 3 11.. n?iW 1, La1?1rrY.--4...5bt Tm.. AN M Lm. K'C / 2i PACE 406 I , i MADE THE day of October in the year of our Lord one thousand trine hundred sixty fivr (1965). BETWEEN ROBM T R. LINE, JR. and JOAN P. LINE, his wife, of R. D. 5, Carlisle, Pennsylvania, hereinafter called Grantor a, and PETER N. RITULA QS and MARY D. KUTULAKIS, his wife, of the Borough of Carlisle, Pennsylvania, hereinafter called Grantees 117TFESSETH, that in consideration o/ Fighteon Thousand Five Hundred ($ 18,500,00) Dollars, in hand paid, the receipt ,cherco/ is hereby acknowledged, the said grantors do hereby grunt andeonurytothesaid grantecs, their heirs and assigns, as tenants by the entireties: ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described pursuant to a curve} by Thomas A. Neff, Registered Surveyor, on September 29, 1965, as rollows: BEGINNING at a spike in the center of Township Road No, 41 7; thence by land about to be conveyed to Sylvia H. Rambo, South 78 derrer..; 30 minutes lest 9yD foot to a point; thence by the same, South 11 degrees 30 minutes East 415 feet to a point; thence by the same, South 78 degrees 30 minutesWest 1594.02 feet to a stake; thence by land now or formerl'y of Clarence Line, South 37 degrees 15 minutes West 90b feet to a stone; thence by land now or formerly of Ray Albright, North 76 degrees 30 minutes Fast 2070 feet to a post; thence by the same, South 20 degrees Fast 479.30 feet to a stake; thence by Ac?,7 or formerly of Benjamin H. ASoyer, North 81 degrees 111 minutes/?Sst "N0.20 feet to a stake on the East side of Township Road No. 1;1`7; thence by land now or formerly of Byron H. Kitch and in Township Road No. 447 in part, North 34 degrees r0 minutes East 569.25 feet to a post; thence continuing by land now pr formerly of Byron H. Kitch, North 78 degrees 15 minutes East 802.70 feet to a post; thence by land now or formerly of Richard Chamberlain, North 15 degrees 15 minutes West 830 feet to a stake; thence by land about to be conveyed to Sylvia H. Rambo, South 78 degrees 30 minutes West 784.27 feet to a spike in the center of Township Road No. 447; thence by the center of said Township Road Ito. 40, North 6 degrees 44 minutes East 200 feet to a spike; thence by the same, North 6 degreas•30 minutes West j 100 feet to the Place of BEGINNING. CONTAINING 72.550 Acres, more or less, and being improved with a frame house and stone and frame barn. 1 BE11IG the Southern portion of the property whichy+as•cgnveyed to Robert R. Line, Jr. and Joan P. Line,.his wife, by Archie S. McClintock and Narv B. McClintock, his wife, by Deed dated AuF-ust'1, 1961; and re- corded in the office of the Recorder of Deeds for Cumberland County in Deed Book "H", Volume 21, Page 5211, SthCtlcumb.Co. P1. .I ..... L. ................................................... C. ,r 77o L D. Hut U? lmr !1'- II. I _C L _ EXHIBIT "E" T('IS'S 'T""-.'."alit' ITI"1 it 1'"' II;Illlllt III III I 1 own': P011-0 P-"-13 W); m -1--dy 1.nrVy .. .......... .............. ........................ _.................... T? t AND thr• said grantors hereby covenant and agree that they and each of them toill warrant ?. generally the prvperty hereby conveyed. ri t4'r'cr'?hyn' f '-i cr n-? IN RMVE•SS WHEREOF, Laid grantors have herevnio act their hands and veal s the day and yrar first above written. .. •bn.e, r..t.a..a n.tt..r.a L e `? b. ti. 1/t.. -..9 Robert R, Line, Jr. I C, ari F- M5"e ------ L Z-: Pennsylvania ';late of County of Cumberland On this, the Y _ day of October 19 65 , before me, the undersigned officer, personally appeared Robert R. Line, Jr, and Joan P. Line, his Wife, known to me (or satisfactorily proven) to be the persons whose namm are subscribed to the .within insimment, and acknowledged that they executed the name for the purposes therein contained. IN WITNESS WHEREOF, 1 herrunto act my ha and official seal J = NOTARY PUBLIC --•-•?Tyr-Camtnr:a,a, Eev«?s:,uyiB.iflG9._ "vy' --? .:.r.:a ... J Bap, I ?Ihf11, Pa, Cvmb, lYtk to per, ' '??. 4 ` 409 ecez?2lrrr? 1 bccr-r2iPAci 410 i I Staic of Dd. i I County f On thu, the day of 19 before me, I I the undersigned officer, personally appeared 1 I known to me (or satisfactorily proven) to be the person whose name subscribed to the i within instrument, and acknowledged that he czeeuted the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto sel my hand and official sea-- i _......._. ..... .............. Tilic of OQSeer, do hereby certify thpt the precise residence and complete post office address of the within named prantee is `....ttorney /or G W W W `o H c 3 Z Co h to H A ? ? z c? " ° s W F m n ? ? Q I V ? x I O ? O A h COMMON WEALTH OF PENT'SPLVANIA, , / ...... .......... - -...-- --- L! ... ..... ED on this _._.........- day of .. TD RECO r / DE A. D. 19LC'?., in the Reeonder'D Office of said County, in Deed Book / P age Given u-dcr my hand and the Aral of the said o k c the date above written, /....t_......_` .......... Recorder. Gam. - - .......... . ......... .......... .......... ............................................................................................................ ................ I I 'I I ? [ . -Tj 1, RIHI ' s770 E. D. x... Use 2Q ? -tat A - r ---- - ---?---r ---? i?nrnuuinnrr-n nr nni. li_7..-.-lnnif(•fi Tl7'fl-?1 I .. f? II II ' IN RE i ESTATE, OI' PETER N. IN THE COURT O COMMON PLEAS KUTULAKIS, CUMBERLAND COUNTY, PENNSYLVANIA Deceased ORPHANS' COURT DIVISION i No, 1997-00716 AFFIDAVIT OF 'SERVICE I, Steven J. Schiffman, Esquire, being duly sworn according to law, depose and say that I served, upon the parties in interest in the above captioned matter, a copy of the First and Final Account of Thomas M, Place, Executor and Schedule of Proposed Distribution as follows, By depositing copies of said documents in the United States mail, certified, return receipt requested on August 31, 1999, addressed as follows Mary D. Kutulakis 411 Barnstable Road Carlisle, PA 17013 (Please note that address was changed on return receipt card to; "505 Barnstable Road") Stephen F, Angle, CPA 51 Kingswood Terrace Carlisle, PA 17013 Estate Recoveries, Inc, P.O. Box 24.566 Baltimore, MD 21214 Young, Conaway, Stargatt & Taylor, LLP Eleventh Floor Rodney Square North P.D. Box 391 Wilmington, DE 19899-0391 Jason P, Kutulakis 505 Barnstable Road Carlisle, PA 17013 (Please note that the address was changed on return receipt card to;1'411 Barnstable Road") Lacy E. Holly, III, Esquire MATTLEMAN, WEINROTH & MILLER 200 Continental Dr., Suite '211 Newark, DE 19713 i' EXHIBIT "G" M 5 S, E i 14 ?ssr?. -- o :cmpiGle items 1 and/or 2 for additional services. i also .vlsh io receive the N u Complete item,- 4a, and 4b• icllowing services (tor an m a Print your name and address on the reverse of !his form so tha! we can return this extra tee): card to you. Attach this loam Ic the front of the mailoiace, or on the back it soace does not 11. Y Permit . ? Addressee's Addrea •, m dwrne'Return Receipt Requasted' on the mailpiece below the article number. 2. ? Restricted Delivery U) -The Return Receipt will show to whom the article was delivered and the date delivered. C 1. C7 G -0 3. Article Addressed to: Maly D. Kutulakis 0 -4,-3,-f Barnstable Road Carlisle, PA 17013 U)i Re jaived E},r: (print 5 f-orrn 3B3:I; onsu t postmaster for tee. •a 4a. Article Number 4b. Service Type ? Registered Certified c7 ? Express Mail ?' ? Insured / ? Retum Receipt for Me rchandise ? COD 7. Date of Relive L' w ? 111 . Addressee's A 'Eirea d - (t7ni ifrequested z and fee is pai a+ 102595-97-B-0179 eceipt EXHIBIT "H" ( Y 9 r- SENDER: :g aComplete items 1 and/or2 for additional services. I also wish to receive the a Complete items 3, 4a, and 4b. folio in, services (for an cn oPrint your name and address on the reverse of this form so that we can return this extra fee): > card to you. mAttach this form to the front of the mailpiece, or on the back it space does not 1 ? Addressee's Address ai •2 permit. . y ¦Write'Return Receipt Requested` on the mailpiece b elow the article number. 2. ? Restricted Delivery ?j w mThe Return Receipt will show to whom the article wa s delivered and the date a delivered. Consult postmaster for fee. .g m 3. Article Addressed to: 4a. Article Number F a JasO P. Kutulakis 4b. Service Type / a `?? arnstable Read ? Registered GYCertified w, Carlisle, PA 17013 ? Express Mail ? Insured 4 N eturn Receipt for Merchandise ? COD 0 I 7. Date of Delivery ° rte- .> ?- C 5. Received By: (Print Name) 8. Addressee's Address (Only if requested W and fee is paid) i 6. Signal re: (Addressee or Agent) PS Form'381 December 199?l iozses-e;-s-oi,e Domestic Return Receipt EXHIBIT 'III? , ) CERTIFICATE OF SERVICE AND NOW, this 23'.d day of May, 2011, I, Shannon Freeman, of ABOM & KUTULAKis, LLP, hereby certify that I did serve a true and correct copy of the foregoing PETITION TO OPEN ESTATE AND SET ASIDE THE FINAL ACCOUNT AND DISTRIBUTION OF THE ESTATE OF PETER N. KUTULAKIS by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Thomas M. Place, Esquire 530 Greason Road Carlisle, PA 17015 Mary D. Kutulakis 505 Barnstable Road Carlisle, PA 17015 qq."' annon Freeman • 4 ( 0 THIS DEED MADE THE da of y , in the year of one thousand nine hundred ninety eight (1998). BETWEEN THOMAS M. PLACE and GRACE E. D'ALO, husband and wife, hereinafter referred to as: Grantors, and MARY D. KUTULAKIS, a widow, hereinafter referred to as: Grantee. WITNESSETH, that in consideration of THIRTY FOUR THOUSAND ($34,000.00) DOLLARS in hand paid, the receipt thereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantee, her heirs and assigns: ALL that certain tract of land with the improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road; at line of land now or formerly of Herman M. Hurley, et ax; thence by the same, North 74 degrees West 137.5 feet more or less to an old fence at line of land now or formerly of Peter N. Kutulakis, et ux; thence by the same in a Northeasterly direction along said fence line, 375 feet more or less to a point at line of land now or formerly of Ray M. Albright; thence by the same, South 20 degrees 52 minutes West, 100 feet more or less to a point in the center line of said road; thence by the same, South 72 degrees 37 minutes West, 297 feet more or less to the place of BEGINNING. AND BEING the same premises which Peter N. Kutulakis, and Mary D. Kutulakis, husband and wife, by their deed dated April 22, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "0", Volume 25, Page 888, granted and conveyed unto Thomas M. Place, Grantor herein. AND the said Grantors do hereby covenant and agree that they will warrant specially the property hereby conveyed. Grace E. D'Alo is included herein to convey any interest she may have acquired in the subject premises by virtue of marriage to Thomas M. P S R- IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND IN THE PRESENCE ` WITNESS V? Z r' J 1 i? WITNESS DELIVERED THOMAS M. PLACE E. D'ALO COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this, the day o , A.D. 1998, before me appeared THOMAS M. PLACE, known to me, o satisfactorily proven) to be the person whose name is subscribed to the wit in instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. : S- i? . ifzfdlHi IN, ..sky, NdOT? Pywc "? lacueEAlariceXt?? A7 ^`4piuS5l P1 X IPESNOVEMBERV,2WI COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the /??? day `of?C`? , A.D. 1998, before me appeared GRACE E. D'ALO, known to me, (or,sctorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL VIRGINIA M. MASSEY, NOTARY PUBLjC J (-+-RL'SLE SORO, CUMBERLAND CQPA f COMMISSION EXPIRES NOVEMBER 1.2CQ1 I HEREBY CERTIFY, that the precise residence and complete post office address of the within Grantee are: Attorney for Grantee COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS : Recorded on this day of , A.D. 1998, in the Recorder's Office of the said County in Deed Book , Page Given under my hand and the seal of the said Office, the date above written. Recorder VERIFICATION I, Mary D. Kutulakis, hereby verify that the statements made in the foregoing Petition to Strike Lis Pendens are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. r Dated: 1 Mary K lakis CERTIFICATE OF SERVICE I hereby certify that on this ? ?) day of June, 2011, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Jason P. Kutulakis, Esquire Two West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS /(D ? Dea E. Reynosa, Es wire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 717-243-6222 JASON P. KUTULAKIS, Petitioner V. MARY D. KUTULAKIS, Respondent TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANI A NO. 2011-4543 rYt -T Lis Pendens "' - :x=c CA) PRAECIPE TO ENTER APPEARANCE k Please enter my appearance on behalf of Respondent Mary D. Kutulakis, in the above captioned case. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Dated: 6 -1-5 2, D E. Rey a, Esquire A orn t.If No. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that on this f? Y 1 I day of June, 2011, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Jason P. Kutulakis, Esquire Two West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Dean,E`Rey , Attorney Id. 80440 26 West High Street Carlisle, PA 17013 717-243-6222 uire JASON P. KUTULAKIS, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-4543 CIVIL TERM V. MARY D. KUTULAKIS, Respondent CIVIL ACTION - LAW PRAECIPE TO ATTACH NOTICE TO PLEAD TO RESPONDENT'S PETITION TO STRIKE LIS PENDENS To the Prothonotary: Please attach the Notice to Plead to the Respondent's Petition to Strike Lis Pendens. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Law Offices of Sa.idis Sullivan & Rogers 26 West High Street Carlisle, PA 1701,3 Dated: 7 "01"S' k Ddab-E,-R6ynobp, Esquire Attorney I.D. No.`+80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 r- Counsel for Respondent , z n c m- z ;v r- r°° 1 N3 - ) :tS c.> >a :J -n JASON P. KUTULAKIS, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-4543 CIVIL TERM V. MARY D. KUTULAKIS, Respondent To: Jason P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 CIVIL ACTION - LAW NOTICE TO PLEAD You are hereby notified to file a response to the enclosed Petition to Strike Lis Pendens within twenty (20) days from service hereof, or a default judgment may be entered against you. Dated: '?K 'I Respectfully submitted, SAIDIS, SULLIVAN & ROGERS yeanE Rdjmosa, Esquire Attorney I.D No. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Respondent Law Offices of Sa.idis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS PETER N. KUTULAKIS CUMBERLAND COUNTY, PENNSYLVANIA : Register of Wills No.: 1997-00716 CERTIFICATE OF SERVICE AND NOW, July 2011, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the Praecipe to Attach Motion to Plead to Respondent's Petition to Strike Lis Pendens upon Petitioner by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Jason P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 x" i Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 DeA E. Rieiynosa? Esquire Attorney I.D. No. 80440 Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Respondent, Mary A. Kutulakis JASON P. KUTULAKIS, ) IN THE COURT OF COMMON PLEAS Petitioner ) OF CUMBERLAND COUNTY, PENNSYLVANIA .vs. ) r) MARY D. KUTULAKIS, ) zr rrn rn - Respondent ) z. C-> r -um NO. 2011-4543 ? ° ) C ORDER NOW, this o?? day of December, 2011, having received evidence and having heard argument from the parties regarding the Petition To Strike Lis Pendens filed by Mary D. Kutulakis; It is ORDERED that leave is granted to Jason P. Kutulakis to file a Memorandum or Brief regarding issues raised by the Petition To Strike Lis Pendens, including the effect of the Statute Of Frauds and Dead Man's Act, with the Memorandum or Brief to be filed on or before January 4, 2012. Counsel for Mary D. Kutulakis shall have until January 11, 2012 within which to file a responsive Memorandum or Brief. ? Dean E . lReynoea I E-41i ? jasm P. I---,-,U--T L4 a kis C06"50 111 la106 BY THE COURT: Eugen ike, II Senio J ge ri` f i h " `C rte:-? , _ - n PILEO-OFF J? TF?E PROTHONOTARY Za 12 JAN 10 PPS 2: 50 CLERK x DpiPNs?,(? ,S ?o 1 IN RE: ESTATE OF PETER N. ) KUTULAKIS ) CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Register of Wills No.: 1997-00716 CASE MANAGEMENT ORDER NOW, this S t-? day of January, 2012, recognizing that, regardless of the disposition of the Petition To Strike Lis Pendens filed by Mary D. Kutulakis in proceedings docketed in the Cumberland County Court of Common Pleas to No. 2011-4543, hearing or trial may be required on the Petition To Open Estate and Set Aside The Final Account And Distribution Of The Estate of Peter N. Kutulakis, filed by Jason P. Kutulakis, to the above referenced Register of Wills number; noting the suggestion at recent hearing session that a case management order may be advisable; and having concluded that such a case management order would be appropriate to govern further proceedings; It is ORDERED that: 1. The parties shall complete all discovery by February 24, 2012. 2. Pretrial dispositive motions, if any, together with any required affidavits, evidentiary material and accompanying briefs, shall be filed on or before March 9, 2012. 3. Trial will be scheduled by future Order of Court. E CO Eugene ike, II, Senior Judge JASON P. KUTULAKIS, ) IN THE COURT OF COMMON PLEAS Petitioner ) OF CUMBERLAND COUNTY, PENNSYLVANIA .vs. ) MARY D. KUTULAKIS, ) Respondent ) NO. 2011-4543 MEMORANDUM We have before us Respondent's Petition To Strike Lis Pendens. After hearing on December 27, 2011, and after consideration of the argument and memoranda submitted by counsel, we have decided to deny the Petition, but without prejudice to reapplication if circumstances may warrant. The target of Respondent's Petition To Strike is a Praecipe For Lis Pendens filed by Jason P. Kutulakis ("Jason") giving notice of litigation that he initiated in the Estate proceedings of Peter N. Kutulakis ("Peter" or "Decedent") docketed to Register of Wills No. 1997-00716, involving title to two parcels of real estate. Peter N. Kutulakis was married to the Respondent, Mary D. Kutulakis ("Mary"). Peter and Mary are the parents of Jason. Peter N. Kutulakis died on August 5, 1997, survived by his wife, Mary, and son, Jason. His Will was probated and Thomas Place was named as Executor. The Will provided, inter alia, that Decedent's real property was devised in equal shares to Jason and Mary. One of the contested parcels of land contains approximately 72.55 acres and is known as 411 Barnstable Road. In the Estate litigation, Jason contends that, although the parcel was purchased by, and conveyed to, his father and mother, his parents had agreed prior to his father's death that, when father died, half of the tract was to be given to his son, Jason. t The other parcel contains approximately 2 acres and is known as 505 Barnstable Road. This parcel was the subject of an agreement of sale between Peter N. Kutulakis as buyer, and the owner, Thomas M. Place, as seller. In Peter N. Kutulakis' Estate proceedings, the agreement was included in the Estate's inventory and inheritance tax return, but was reported as worthless, based on alleged failure of Peter N. Kutulakis to make the installment payments required under the agreement of sale. Mary subsequently bought this parcel of land in her own name. The tract known as 411 Barnstable Road was not included as an asset in the Estate proceedings. Mary's position is that the tract passed to her as the survivor of the tenancy by the entireties. On August 19, 1999, Peter's Executor filed his First And Final Account And Distribution. Jason claims that he did not receive notice that the First And Final Account had been filed Jason alleges that, although he lived at 411 Barnstable Road at the time, the Estate's attorney mailed the First and Final Account to Jason at 505 Barnstable Road, that the mail was delivered to 505 Barnstable Road, and that Mary signed the certified mail receipt as Jason's agent. Jason contends that his mother did not tell him of the filing and receipt of the Account, and that he did not know about the Account until becoming aware of it during mediation sessions in 2010, that were arranged in an attempt to resolve ' Although Jason's Petition in the Estate proceedings avers that the property was deeded to his parents without specific designation of ownership (Petition To Open Estate, paragraph 34, filed at Register of Wills Ne. 1997-00716) the deed conveys the property to Peter and Mary. "their heirs and assigns, as tenants by the entireties." (Exhibit "E" attached to Petition To Open Estate). p differences that had arisen between mother and son concerning the sale of a 20 acre parcel from the subject realty. Jason further alleges that, when asked after Peter's death, Mary told him that Peter had died without a Will. On May 23, 2011, Jason filed his petition To Open Estate and Set Aside The Final Account and Distribution. Jason bases his Petition To Open on (1) the failure of the Estate's attorney to provide notice to Jason of the filing of the First and Final Account as required by Pa.O.C.Rule 6.3, and (2) fraud on the part of Mary by fraudulently receiving the Account on behalf of Jason and concealing the Account and Peter's Will from Jason. Jason contends that it was only many years later that he learned that a first and final account had been filed and that his father had died leaving a Will. Consequently, Jason claims in the Estate proceedings that the Account and distribution should be set aside and the Estate proceedings opened. If opened, Jason will claim that a one-half interest in the property at 411 Barnstable Road and a one-half interest in the agreement of sale for purchase of the property at 505 Barnstable Road should descend to him pursuant to the provisions of his father's Will. We understand Jason to claim a one-half interest in the property at 411 Barnstable Road pursuant to the alleged agreement between his parents, pursuant to which the tenancy by the entireties was to be converted to a tenancy in common at the death of Peter N. Kutulakis, with Peter N. Kutulakis' one-half interest then descending to Jason under the terms of the Will and through the Peter N. Kutulakis Estate. According to Jason's Memorandum In Support Of Lis Pendens, the agreement involved, inter alia, the 3 sale and purchase of several parcels of land, as well as promises to relocate residences, and monthly payments to Mary until divorce was finalized. Mary denies any such agreement. We understand Jason to claim a one-half interest in Peter's equitable interest as buyer of the property at 505 Barnstable Road under the agreement of sale that Jason claims should have passed to him under the terms of Peter's Will. We understand Mary to Argue that the agreement of sale had terminated because of failure to pay the required installments, that, therefore, there was no interest to pass through the Estate of her husband, and that she now owns the property pursuant to independent purchase in 1998. As may be expected in litigation involving property allegedly owned by a decedent, or claims against a decedent's estate, issues arise under the Dead Man's Act, 42 Pa. C.S.A. § 5930. Mary argues that Jason is incompetent to testify regarding events and statements made prior to the death of Peter N. Kutulakis, and, more specifically, regarding the alleged agreement that Jason claims was entered into between his father and mother, and that, according to Jason, was to govern disposition of the property at 411 Barnstable Road. Mary asserts, also, that, since oral, even if an agreement had been made, the Statute of Frauds would bar enforcement. We are not yet to the stage of trying on its merits the Petition filed by Jason in the Estate proceedings, and a final ruling on the issues raised under the Dead Man's Act and the Statute of Frauds may not be essential or possible at this point. However, objections 4 based on the Dead Man's Act were made to testimony offered by Jason at the lis pendens hearing and, to that extent, a ruling now is necessary. Although the defense of the Statute of Frauds is not directly involved in the lis pendens aspect of the case, Mary rightly argues that the likelihood of success on the merits should be a factor in determining whether the lis pendens should be maintained or stricken, and, consequently, for that purpose, that issue, also, should be addressed.2 In addition, Mary's counsel interposed several hearsay objections that should be discussed. Incompetence under the Dead Man's Act depends on the existence of three conditions: (1) the deceased must have had an interest in the matter at issue, i.e., an interest in the immediate result of the suit; (2) the interest of the witness must be adverse; and (3) a right of the deceased must have passed to a party of record who represents the deceased's interest. Larkin v. Metz, 398 Pa. Super. 235, 580 A.2d 1150 (1990); In Re: Esate of Rider, 487 Pa. 373, 409 A.2d 397 (1979). In the instant case, the three conditions are present. We recognize Jason's argument that his interest is not adverse to the decedent's interest, since the Will devised one-half of decedent's realty to him. However, the rule is to the contrary. When a person challenges the prima facie title of a grantee from the decedent, the grantee is the party on the record representing the interest of the deceased transiFeror and the challenger is asserting an interest adverse to the decedent/grantor. Z However, we note that the defense of the Statute of Frauds arises only with respect to the property at 411 Barnstable Road, and that issues under the Dead Man's Act relate mainly to Jason's claim to that tract, although the 505 Barnstable Road parcel may peripherally have been involved in the alleged oral dispositional agreement between Jason's parents. 5 Philo v. Rought, 385 Pa. 275, 123 A.2d 168 (1956); Baldwin v. Stier, 198 Pa. 432, 43 A.2d 326 (1899); Lieber v. Eurich, 216 Pa. Super. 374, 268 A.2d 227 (1970); England Estate, 55 Pa. D. & C.2d 420 (Dauphin Co. 1971). In the instant case, at Peter's death, prima facie title to the property at 411 Barnstable Road was in Mary as survivor of the tenancy by the entireties. Jason also argues that the exception contained in 42 Pa. C.S.A. § 5932 applies to render his testimony admissible. However, Section 5932 applies only when a proponent calls a witness to testify in his or her own behalf. See, Hera v. McCormick, 425 Pa. Super. 432, 625 A.2d 682 (1993). The same response applies to Jason's reliance on Commonwealth Trust Co. v. Szabo, 391 Pa. 272, 138 A.2d 85 (1957). Initially, Mary was called as for cross examination, and Mary's counsel interposed appropriate objection to all testimony relating to events preceding Peter's death; on which our ruling was reserved. Although Mary was called by her counsel in support of the Petition To Strike Lis Pendens, ruling on the Dead Man's Act objections remained outstanding, and Mary's testimony cannot be considered as a waiver, or as rendering objectionable evidence competent, prior to the Court's decision on the objections. In any event, even if Mary's testimony in support of her Petition To Strike were to have rendered Jason's testimony admissible for purposes of the lis pendens hearing, our assessment of Jason's likelihood of success would not be changed, especially in view of the obstacle presented by the Statute of Frauds, discussed infra. Based upon the contentions now advanced by the parties, we conclude that, at least insofar as the lis pendens hearing is concerned, Jason was incompetent to testify to 6 statements made and events occurring before Peter's death, and Mary's Dead Man's Act objections should be sustained. See, e.g. Nakoneczny v. Nakoneczny, 456 Pa. 320, 319 A.2d 893 (1974); Philo v. Rought, 385 Pa. 275, 123 A.2d 168 (19560: Baldwin v. Stier, 191 Pa. 432, 43 A. 326 (1899); Larkin v. Metz, 398 Pa. Super. 235, 580 A.2d 1150 (1990); England Estate, 55 Pa. D. & C.2d 420 (Dauphin Co. 1971). We agree with Respondent that the use of hearsay to impeach credibility is objectionable if based on the truth of the alleged impeaching statement, just as direct use of hearsay as substantive evidence, and, if Petitioner's alleged use of hearsay to impeach Respondent's credibility was based on the truth of the statement, the objection should be sustained. However, we point out that statements describing the terms of an oral agreement are considered verbal acts and, therefore, are not hearsay, since not presented to prove the truth of the statements, but only to prove that the statements were made. Mueller v. Abdnor, 972 F.2d 931 (8th Cir. 1992); Kepner-Tregos, Inc. v. Leadership Software Inc., 12 F.3d 527 (5th Cir. 1994); DeMarchi v. DeMarchi, 39 Westmoreland Co. 203 (1957); Leonard Packel & Anne Poulin, Pennsylvania Evidence, § 801-2 (3d ed., 2007); 2 John W Strong, et al, McCormick On Evidence, § 249 at 101 (4th ed., 1992). In such a case, the purpose is not to prove the truth of what the declarant was saving, but only to show that the statement was made - to show the terms of the agreement. Therefore, since not hearsay, the objections arguably should have been overruled, even if on grounds different from those advanced by Jason and upon which the Court's ruling was based. 7 However, we need not discuss the issue further, since the use of the alleged objectionable hearsay was not a factor in our decision at this point in the proceedings. The Statute of Frauds presents a formidable hurdle for Jason to overcome. Agreements to transfer interests in land must be in writing. Act of 1772, March 21, 1 Sm.L. 389, § 1, 33 P.S. § 1. In the instant case, to be enforceable, an agreement by Mary to transfer an interest in the land held as tenants by the entireties would require memorialization in writing. See, e.g. Young v. Keefer. 174 Pa. Super. 26, 98 A.2d 489 (1953). Petitioner argues that the exception applies that allows enforcement of an oral agreement that is performed or partly performed, citing to Kurland v. Stoker, 516 Pa. 587, 533 A.2d 1370 (1987). Respondent's Memorandum recites the prerequisites for applicability of the exception, as explained in Kurland. Significantly, to qualify for the exception, the "evidence must define the boundaries and indicate the quantity of the land. It must fix the amount of consideration. It must establish the fact that possession was takers in pursuance of the contract, and, at or immediately after the time it was made, the fact that the change of possession was notorious, and the fact that it has been exclusive, continuous and maintained." 516 Pa. at _, 533 A.2d at 1373. In the instant case, there was no division of the tract at 411 Barnstable Road or change of possession of the one-half interest that Jason claims to be the subject of the agreement. The fact that the alleged agreement is to have been between husband and wife for conveyance of land held as tenants by entireties does not take the transaction out of the Statute of Frauds. Young v. Keefer, 174 Pa. Super. 26, 98 A.2d 489. 8 Jason also asserts the exception recognized for an oral partition of property held by tenants in common, citing to McKnight v. McKnight, 345 Pa. Super. 550, 498 A.2d 961 (1985) and Bolinger v. Barnhardt, 64 Pa. Super. 243 (1916). However, the Estate involved in the instant case is a tenancy by the entireties, not a tenancy in common. Equably as important is the fact that, in order to be enforceable, the agreement must be followed by acts of the parties on the land indicating several possessions taken in execution of the agreement. Bolinger v. Barnhardt, 64 Pa. Super. 243, citing to Byers v. Byers, 183 Pa. 509, 38 A. 1027 (1898). As appellate authority confirms, an agreement to effect partition is not enough. In McKnight v. Bell, 135 Pa. 358, 371, 19 A. 1036, 1037 (1890), the Supreme Court explains that the exception applies only "if tenants in common, intending to make a partition of their lands, run a line, which is marked on the ground as a division line, and actually take possession of their respective parts in pursuance thereof, and the partition is fully executed between them, ..." As explained in Mellon v. Reed, 114 Pa. 647, 653, 8 A. 227, 230 (1887), although it is not essential that the partition should be evidenced by deed or by writing, it nevertheless must appear that "the partition is fully executed, and that each has accepted and received his purpart, either in kind, or by payment in money, or otherwise." See, also, Wolf v. Wolf, 158 Pa. 621, 28 A. 164 (1893). In the instant case, even if the exception were to apply by analogy, the required division, possession and execution did not occur. Consequently, it appears unlikely that, even if the Dead Man's Act does not render Jason incompetent, and even if the hearsay exception would not bar Jason from 9 testifying to decedent's statements describing the agreement, the Statute of Frauds would most likely apply to defeat Jason's claim. As a result, we must conclude that, with respect to the property at 411 Barnstable Road, the likelihood that Jason would prevail is slight. As noted earlier, the same issues do not appear to impact Jason's claim to the property at 505 Barnstable Road and we express no opinion as to probable result. We do note, however, that, as Jason points out, if notice is not provided to potential beneficiaries as required by statute or applicable rule, the defect is jurisdictional that renders an Orphans' Court Decree void. In Re: Galli's Estate, 340 Pa. 561, 17 A.2d 899; in Re: Estate of Alexander, 758 A.2d 182 (Pa. Super. 2000). However, other factors are to be considered when deciding whether a lis pendens should be stricken. "The doctrine is wholly subject to equitable principles." Woods v. Peckich, 473 Pa. 226, 235, 373 A.2d 1345, 1349 (1977). Unreasonable delay in prosecution of the underlying claim is a factor, as well as whether the lis pendens should prove harsh or arbitrary. Id. Prejudice to the defendant is to be considered and, also, the likelihood of success on the merits. Rosen v. Rittenhouse Towers, 334 Pa. Super. 124, 482 A.2d 1113 (1984). Adequacy and availability of money damages if judgment were to be entered for the plaintiff may be a consideration. See, e.g. Dice v. Bender, 383 Pa. 94, 117 A.2d 725 (1955). We find insufficient evidence that Jason has delayed in prosecuting his claim in the Orphans' Court after his Petition To Open Estate And Set Aside The Final Account 10 And Distribution was filed on May 23, 2011, and insufficient evidence at this time of the hardship and prejudice necessary to warrant the striking of the notice of lis pendens. Although it appears likely that the Statute of Frauds may very well serve as a defense, and that the Dead Man's Act may very well preclude testimony necessary to support Jason's claim to the tract identified as 411 Barnstable Road, given the fact that neither a final ruling pursuant to diapositive pretrial motion nor trial on the merits itself has occurred, and recognizing the complexity of those issues, we conclude that, at this point, those probable impediments do not outweigh the interest in maintaining the notice of the pending litigation until final resolution. In so concluding, we note the nature of the assets involved and the fact that non-jury trial is to be scheduled within the next several months. However, our denial of the Petition will be without prejudice to reapplication, if Respondent's circumstances may so require, or, if appropriate, upon final pre-trial ruling on the evidentiary issues, or if otherwise the situation may warrant. 11 JASON P. KUTULAKIS, ) IN THE COURT OF COMMON PLEAS Petitioner ) OF CUMBERLAND COUNTY, PENNSYLVANIA .vs. ) MARY D. KUTULAKIS, ) Respondent ) NO. 2011-4543 ORDER NOW, this cq G day of January, 2012, it is ORDERED that the Petition To Strike Lis Pendens filed by Respondent, Mary D. K.utulakis, is denied, but without prejudice to reapplication if the circumstances warrant. y? BY THE COURT: Eugene E. F' e I, Senior Judge, 12 .. , L iLLD-1 f t t„ THE _e HE ;e ' ?? APR 3 48 P N, ?0.2 APR I i Pry 4: 10 OM & &UTULAKIS CUM ERLM- W GOUl A C R PENNSYLVANIA ORP ' ' URr Jason P. Kutulakis, Esquire CU FP1. N" ,T. PA Attorney I.D. No.: 80411 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 JASON P. KUTULAKIS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. DOCKET NO.: 2011 - 4543 MARY D. KUTULAKIS, : PRAECIPE FOR LIS PENDENS/ PETITION Respondent : TO OPEN THE ESTATE OF PETER N. KUTULAKIS O T TO THE HONORABLE EUGENE E. FIKE, II, JUDGE OF SAID COURT: AND NOW, comes the Petitioner, Jason P. Kutulakis, Esquire, and respectfully moves this Honorable Court to compel Respondent, Mary D. Kutulakis, to produce the requested documents and reason thereof states: 1. Discovery requests were compounded upon Respondent. 2. Responses were received on April 5, 2012. 3. Paragraphs 4, 5, 6, 8, 9 fail to provide responses and issue objections. 4. It is believed and therefore averred that the questions posted will lead to relevant evidence/testimony. 5. Respondent's avoidance of her required discovery demands prejudices Petitioner. WHEREFORE, it is prayed that This Honorable Court will compel Respondent to issue complete and thorough responses. Respectfully submitted, A&KU7. s, TIP DATE HaVLA-? (?- Jason P. Kutulakis, Esquir 2 West High Street i Carlisle, PA 17013 (717) 249-0900 ID No. 80411 AND NOW, this 11`h day of April, 2012, I, Shannon Freeman, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing MOTION TO COMPEL RESPONSES TO DISCOVERY DEMANDS by first class mail addressed to the following: Dean Reynosa, Esquire SAIDIS, SULLIVAN& ROGERS, P.C. 26 W. High Street Carlisle, PA 17013 annon Freeman JASON P. KUTUL.AKIS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLuAND' COUNTY, PENNSYLVANLA 'VS. DOCKET NO.: 2011 - 4543 1vZARY D. KUTUI.AKIS, : PRAECIPE FOR LIS PENDENSJ PETITION Respondent : TO OPEN THE ESTATE OF PETER N. KUTUL.AKIS O'RC'ftA:1-?URT r AND NOW, this cQ S' day of April, 2012, upon consideration of the Motion to Compel D E M t b/ nt m'TI a c' Responses to Discovery Demands, IT IS HEREBY ORDERED THAT same is "y"WAT 7W'L ?Ti vn1 bQ CS iv,O- D E S C12 1 /3 11-?? ovA-T'v4t2-E v r- rm-_ .s 1 N,o0r-Q Z M h r-i e ,v /Z£ .? v € ?A yt?l?b Du z? s S T/?- w t-r? nth TN n L I s c ri N D ?nrin ?. i i r v- ('rt £-j v i c 2£ cs?.?r,s i?> F124_ n o^' V A0 ^j rz e- v ?S : ,4 nr? S i 13 £? v na V r 1-c l.. £.!' %4--Q av £ C:-Q nr F 4JT- E-.O.r Q A `,- s r s r-t+ E- CS,v 2 .= ©ni BY THE COURT, A,eva i t-- -2 7/ /'') ^ Y r ©2 M , - v Y Eugene E. Fi e, 1, Senior Judge Distribution: ? l ason P, Kutulakis, Esquire West High Street Carlisle, PA 17013 Dean Rexnosa, Esquire 26 W. High Street Carlisle, PA 17013 rnm a -r% M r k o C ` =:p 2: - D (= CD TAB 2OM CSC" &U l LILAKIS Jason P. Kutulakis, Esquire Attorney I.D. No.: 80411 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 JASON P. KUTULAKIS, Petitioner vs. -<> CJ" r- ;M --4 C, C (7) -r,. ... p x» - ... ; C--w P -.. Co- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 2011 - 4543 MARY D. KUTULAKIS, : PRAECIPE FOR LIS PENDENS/ PETITION Respondent : TO OPEN THE ESTATE OF PETER N. KUTULAKIS ORPHANS COURT TO THE HONORABLE EUGENE E. FIKE, II, JUDGE OF SAID COURT: AND NOW, comes the Petitioner, Jason P. Kutulakis, Esquire, and respectfully moves this Honorable Court to compel Respondent, Mary D. Kutulakis, to produce the requested documents and reason thereof states: 1. Discovery requests were compounded upon Respondent on February 15, 2012. See Petitioner's First Request for Production of Documents and Petitioner's First Set of Interrogatories Directed to Respondent, attached hereto as Exhibits A and B, respectively. 2. Responses were received on April 5, 2012. See Respondent's Response to Request for Production of Documents and Respondent's Answer to Petitioner's First Set of Interrogatories, attached hereto as Exhibit C and D, respectively. 3. Paragraphs 4, 5, 6, 8, 9 fail to provide responses and issue objections. 4. It is believed and therefore averred that the questions posed will lead to relevant evidence/testimony. 5. Respondent's avoidance of her required discovery demands prejudices Petitioner. WHEREFORE, it is prayed that This Honorable Court will compel Respondent to issue complete and thorough responses. Respectfully submitted, DATE 4 112- ABOA&KUTULAJUS, ate. ?c?. f Jason P. Kutulakis, Esc 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 80411 ABOM dZ' KUTLILAKIS Jason P. Kutulac s, Esquire Attorney T.D. #: 80411 2 West f hgh Strut Carlisle, PA 17013 (717) 249-0900 JASON P. KUTULAKIS, Petitioner Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2011 - 4543 MARY D. KUTULAKIS, PRAECIPE FOR LIS PENDENS/ PETITION TO OPEN THE ESTATE OF PETER N. KUTULAKIS Respondent ORPHANS COURT PETITIONERS FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS Petitioner, Jason P. Kutulakis, Pro Se, hereby make the following requests for production of documents: INSTRUCTIONS AND DEFINITIONS Petitioner hereby propounds the following requests for production of documents and tangible things pursuant to Rule 4009.1 et seq. of the Pennsylvania Rules of Civil Procedure. The documents and tangible things requested herein must be produced at Abom & Kutulakis, L.L.P., within thirty (30) days. Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered request as a whole. If you have any objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. You must file and serve a written response to these requests within thirty (30) days of service of these requests upon you, regardless of the time set for production of the documents and things requested herein. You are reminded that any objections not raised within the thirty (30) day period provided for by Pa.R.C.P. 4009.12 will be deemed to have been waived by you. These requests are not only for documents and tangible things that are owned by you, but also for documents and tangible things that are in your possession, custody, or control. This means that you must produce all documents and tangible things that are responsive to a particular request and that are in your possession (regardless of whether they are your property), or over which you have control even if they are not in your possession. It also means you must produce documents and tangible things that are in the possession, custody, or control of your agents, employees, and/or attorneys. Before responding to these requests you are required to make a diligent search of your files and records to ascertain whether you have documents that would be responsive to a given request. Your agents, employees, and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the following terms have the following meanings in these requests, unless a particular request clearly indicates otherwise: "You" or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally cognizable entity. It is contemplated that any corporation or other business entity acts only through its agents, officers, employees, and attorneys, and requests that apply to any such legal entity should be construed accordingly. "Petitioner" means the Petitioner or Petitioners named in this action. "Respondent" means the particular Respondent or Respondents in this action to whom this request is addressed, as set forth above. "Document," "record," "file," and "report" all refer to and contemplate all written, recorded, or graphic information, whether preserved in writing, on magnetic tape, by electronic means, in photographic form, on microfilm or microfiche, computer disc, or by any other means of information retrieval or storage. "Identify" when used in reference to an individual means: (i) To state his/her full name. (ii) Present residence or last known residence. REQUESTS FOR PRODUCTION OF DOCUMENTS 1. All documents Respondent anticipates introducing into evidence at trial. 2. Any and all reports and documents compiled by an individual who has been retained as an expert in this action. 3. Any and all lists of witnesses or potential witnesses, including without limitation their home and business addresses and phone numbers. 4. All appraisals performed on 505 Barnstable Road, Carlisle, Cumberland County, Pennsylvania since 1997. 5. Any and all documentation, including but not limited to emails, letters, notes, forms, contracts, proposals, surveys, engineering, relating to Respondent's purchase of 505 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. 6. Any and all documentation, including but not limited to emails, letters, notes, forms, contracts, proposals, surveys, engineering, relating to Respondent's sale or possible sale of any portion of the property in 1997 known as 411 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. 7. Any and all documentation, including but not limited counselor's records, psychologists or psychologists reports/ evaluations involving Respondent. 8. Any and all medical documentation involving Respondent's health, including but not limited to those documents or reports that remark on Respondent's ability to recollect. 9. Any and all written communications, excluding those between Respondent and her legal counsel, involving the issues underlying the within litigation. This demand shall include but not be limited to emails, letters and notes. Respectfully submitted, & KUZVLAKIS. LLP DATE: ' .f onKutulakis, Esquire homey ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner CERTIFICATE OF SERVICE AND NOW, this 15" day of February, 2012, I, Shannon Freeman, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Requests for Production of Documents by hand-delivery the following: Dean Reynosa, Esquire 26 West High Street Carlisle, PA 17013 Attorney for Respondent b j(Jyy? f1 {\ /,l ? `? ,•?ll?.'T?.4\G U?. ;???.:t?L-L-try-?`' S annon Freeman ABOM & j?LITLiLAKIS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 JASON P. KUTULAKIS, Petitioner VS. MARY D. KUTULAKIS, Respondent To: Respondent, Mary D. Kutulakis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2011 - 4543 PRAECIPE FOR LIS PENDENS/ PETITION TO OPEN THE ESTATE OF PETER N. KUTULAKIS ORPHANS COURT PETITIONEWS FIRST SET OF INTERROGATORIES DIRECTED TO RESPONDENTS Pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, No. 4005 and 4006, Petitioner, Jason P. Kutulakis, (hereinafter "Petitioner"), hereby propounds the following written Interrogatories to be answered by Respondent, Mary D. Kutulakis, (hereinafter "Respondent"), separately and fully in writing under oath and furnish all such information as is available to Respondent, Mary D. Kutulakis„ in response thereto, within thirty (30) days from the date of service hereof, with Respondent furnishing any additional information which it hereafter acquires as soon as it is acquired. You are directed to produce Interrogatories requested in the attached Petitioner's First Set of Interrogatories Directed to Respondent to Jason P. Kutulakis, Esquire, ABOM & KUTULAKIS, L.L.P., 2 West High Street, Carlisle, PA 17013. If you fail to produce the Interrogatories required by this request, you may be subject to the sanctions authorized by Rules 234.5 and 4019(c) of the Pennsylvania Rules of Civil Procedure. EXHIBIT DEFINITIONS 1. As used herein, the word "Respondent", "you" and "your" refers to Mary D. Kutulakis, your agents, representatives, attorney, prior business entities (if any) and all other persons acting or purporting to act on behalf of Respondents. 2. "Identify" as used herein with respect to persons, means state the name, last known address, phone number, employer and employment position of the person. When used with respect to businesses, corporations or entities, "identify" means state the full name, last known address of its principal place of business and phone number of such business, corporation, association, or entity. 3. When an Interrogatory requires you to "describe," to "state the basis of," or to "state all facts" on which you rely to support a particular claim, contention, or allegation, state in the answer each and every fact and identify each and every document or communication which supports, refers to, or evidences such claim, contention, or allegation. 4. All references in these Interrogatories to "document" shall include the plural and shall mean, without limitation unless otherwise indicated, the original and each copy of each and any writing, evidence of indebtedness, memorandum, letter, correspondence, telegram, note, minutes, contract, agreement, inter-office communication, bulletin, circular, procedure, pamphlet, photograph, study, notice, summary invoice, diagram, plan, drawing, diary, record or note of telephone conversation, chart, schedule, entry, print, representation, record, report and legible item or thing of written, readable, graphic, audible, or visual material, or any kind or character, whether handwritten, typed Xeroxed, photostated, printed, duplicated, reproduced, recorded, photographed, copies, microfilmed, microcarded, or transcribed by any means, including, without limitation, each interim as well as final draft and each revision which is in the possession or subject to the control of you or your present or former agents, employees or representatives, including counsel and including any related corporations. 5. Whenever in these Interrogatories there is a request to identify a document: a. state the type of document (e.g., letter, etc.); b. set forth its date; c. identify the signer of signers and the addressee or addressees; d. set forth the title, heading or other designation, numerical or otherwise, of the document; e. identify the person (or, if widely distributed, set forth the organization or classes or persons) to whom the document was sent; and f. set forth the present or last-known location of the document and of any copy thereof having notations or markings unique to such copy. 6. Whenever in these Interrogatories there is a request to identify any oral communication: a. state the type of communication (e.g., conversation, telephone call, etc.); b. state where and when such communication occurred; c. identify by full name, title and job description, all persons who participated in such communication or who observed or heard such communications at the time of their occurrence and setting forth which person effected such communication and which person received the same; d. identify all documents embodying or in any way relating to such communication, if any; and e. state the substance of any such communication. 1. In answering these Interrogatories, you shall furnish all information available to you at the time of answering, including information in the possession of your agents, and shall supplement your answers in accordance with the Pennsylvania Rules of Civil Procedure. 2. These Interrogatories are considered to be continuing and, therefore, should be modified or supplemented as you obtain further or additional information. 3. Where exact information cannot be furnished, estimated information is to be supplied. Where an estimate is to be used, it should be identified and accompanied by an explanation as to the basis on which the estimate is made and the reason the exact information cannot be furnished. 4. If you claim, in your answer to any Interrogatory, that any requested fact, documents or other information are "privileged" and not subject to any discovery, you shall so state and, in addition, state every fact supporting your claim that such fact, document or other information is "privileged" and with respect to any document, you shall identify the document by state the date and subject matter of the document, the name of the person who prepared the document and the name of the person for whom the document was intended. 5. You must sign the attached Affidavit verifying the truthfulness of your answers and information provided. INTERROGATORIES 1. State the date you were married to Peter N. Kutulakis? ANSWER: 2. State the date when you and Peter N. Kutulakis first separated? ANSWER: I . State with specificity the locations and time periods where Peter N. Kutulakis lived after he left the marital residence at 411 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. The responses should include but not be limited to residences at: Chapel Avenue in Carlisle and Franklin Street in Carlisle. ANSWER: 4. State with specificity name, address and time period that you were treated in-patient for alcoholism: ANSWER: 5. State with specificity the names of any doctor, counselor or treatment provider associated with your treatment for alcoholism or any associated physical or mental health condition relating to your alcoholism: ANSWER: 6. State with specificity each doctor, counselor, psychologist or psychiatrists name, address and practice group, if any, with whom you have treated since 1984. ANSWER: Identify and describe all medications you currently are prescribed. ANSWER: Identify any and all mental health diagnosis you have been given. ANSWER: Identify with specificity how your alcoholism has affected your memory. ANSWER: 10. Relating to the Agreement for Sale dated July 25, 1996, between Peter N. Kutulakis and Thomas M. Place, identify the followings a.) the date you first learned of the existence of the Agreement b.) the date you first you first discussed Agreement with Thomas M. Place c.) the date you were assigned the terms of the Agreement ANSWER: 11. As it relates to the property now known as 505 Barnstable Road, purchased from Thomas M. Place, identify the following: a.) The date you first discussed purchasing the parcel with Thomas M. Place? b.) The initial price sought from Thomas M. Place for the purchase? c.) The final purchase price of the parcel? d.) ANSWER: 12. Identify the name and address of all individuals with whom you communicated regarding the property known as 505 Barnstable Road having its fair market value being $24,000 on September 28, 1998 (the date the Inheritance Tax Return REV-1500 was prepared). ANSWER: 11 State the reasons that you paid $34,000 for 505 Barnstable Road when the Fair Market Value was $24,000. ANSWER: 14. State the names and addresses for those individuals with whom you discussed or from whom you received advice on whether or not to sign the certified mail on September 3, 1999, that contained Petitioners First and Final Accounting of the Estate of Peter N. Kutulakis. ANSWER: 15. Identify by name, address and date of conversation, each individual with whom you discussed your separation from Peter N. Kutulakis. ANSWER: 16. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 17. Identify each expert you intend to call as a witness at the trial of this matter and for each such expert, state subject matter for which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and the summary of the grounds for each opinion. (You may file as your answer to this Interrogatory the report of the expert.) ANSWER: 18. Identify all exhibits that you intend to use at the trial of this matter. ANSWER: 19. Identify the person or persons who participated in preparing the Answers to these Interrogatories, as well as the identity of any documents used to prepare the Answers to these Interrogatories. ANSWER: Respectfully submitted, ABom&KUTULA"s, L.L.P DATE: February 15, 2012 Carlisle, Pennsylvania 17013 (717) 249-0900 Pro Se CERTIFICATE OF SERVICE AND NOW, this 15th day of February, 2012, I, Shannon Freeman, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petitioners' First Set of Interrogatories, upon the Respondent hand-delivery to the following: Dean Reynosa, Esquire 26 West High Street Carlisle, PA 17013 Attorney for lie.pondent JASON P. KUTULAKIS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-4543 MARY D. KUTULAKIS, Respondent Lis Pendens RESPONDENT'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS 1. Respondent has not yet determined which items she will use as exhibits in this matter. Respondent reserves the right to use any item exchanged during discovery or used at the prior hearing in this matter. When a decision is made she will supplement this response in a timely fashion. 2. None. 3. Respondent cannot think of any other additional potential witnesses other than those already identified during the course of discovery. 4. Respondent is not aware of any that she possess. 5. See attached documents. 6. Respondent possesses no documents concerning any potential sale of 411 Barnstable Road in 1997. 7. Respondent objects to this request for production of documents in that it is not reasonably calculated to lead to the discovery of admissible evidence. Respondent further objects to the extent that such information is privileged and not subject to discovery requests. 3. Respondent objects to this request for production of documents in that it is not reasonably calculated to lead to the discovery of admissible evidence. Respondent further objects to the extent that such information is privileged and not subject to discovery requests. Without waiving said objection, Respondent states that to the extent that her memory is lacking, EXHIBIT it is only been affected by the passage of time and the length of time in which Petitioner took to file this action. 9. Without waiving the foregoing objections, see attached documents. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Ddan E. Reynosa Esquire Attorney Id. 80446" 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I, Mary D. Kutulakis, hereby verify that the statements made in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Mary D. Ki tulakis CERTIFICATE OF SERVICE I h ereby certify that on this Yel day of I , 2012, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Jason P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Dean E. Reynosa, Esquire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 717-243-6222 AGREEMENT OF SALE David T. and Judith K. Twining hereby agree to buy 8 +/- acres from Mary D. Kutulakis at the price of $8,100 per acre. The final acreage will be determined when the survey is completed. The land subject to this sale is that which adjoins the Twinings' easternmost field. The Twinings will pay for their survey costs. As a symbol of good faith, a deposit of $15,000 is hereby made to Mrs. Kutulakis. This agreement is valid for six months after the signing of this document. Should any of the parties predecease the conclusion of the sale and title transfer this transaction will proceed, with the respective estate bound to complete the sale. Mary tulaki VT winuig . 0?&? 2'nJL Date David T. wining Page 1 of 1----None Follows------------------------------------------------------------------------- April 30, 1998 Mary D. Kutulakis 411 Barnstable Road Carlisle, PA 17013 Dear Mary: This is just a note to tell you that we are on Sam Milkes' calendar for May 18, 1998 at 12:00 noon to close on the Barnstable Road property. Under the agreement we have been working under, the purchase price of the property is $34,000 less payments made by you and Peter on the principal of the outstanding mortgage. Peter made monthly payments of $253.57 beginning September 1996 through June 1997. You have made payments in the same amount from July 1997 through April 1998. According to Farmers National Bank, the payments on the principal made by you and Peter total $ 1,992.72. This amount will be further reduced if you make the May 1998 payment. If not, you can simply add the May payment to the balance owing at the time of closing. Assuming you do not make a separate payment this month, the balance owing at settlement is $ 32,260.80, not counting any transfer taxes or the outstanding property taxes which will have to be paid at the time of closing. I am enclosing a copy of the payment book which reflects the payments made on the principal. Please give me a call if you have any questions. I look forward to seeing you on the 18th. Very sincer ly, THOMAS M. PLACE Encl. cc: Sam Milkes, Esq. 12, Q" B. TYPE OF LOAN JACOBSEN & MILKES 1. it I IIA 2 I I FMHA T II CONY. UNINS. 52 East High Street .1. n VA 5. CONY. INS. Carlisle, PA 17013-3085 6. File Number: ;. Loan Number: 8. Mortgage Insurance Case Number: C. NOTE This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p o c )" . . . were paid outside the dosing; they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER E. NAME OF SELLER R NAME OF LENDER: Mary D. Kutulakis Thomas M. Place & Grace E. D'Alo Cash G. PROPERTY LOCATION: 505 B bl R N. SETTLEMENT AGENT: Samuel W. Milkes, Esq. L. SMLEMENf DATE: arnsta e oad, Carlisle, PA 17013 PLACE OF SETTLEMENT: jACOBSEN & MILKES, 52 E. High St., Carlisle, PA May 29, 1998 17013 SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSATION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SEDER: 101. Contract sales price 34,000.00 401. Contract sales price 34,000.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 415.42 403. 104. r 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advonre 106. City/town taxes to 406. City/town taxes to 107. County taxes to 12131F98 407. County taxes to 12/31/98 108. Assessments to 408. Assessments 109. School taxes to 6/30/98 409. School taxes to 6..30/98 110. 410 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 34,415.42 420. GROSSA1OUNTS DUE TO SELLER 34,000.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 490,00 203. Existing loans taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. Credit 1,912.97 506. Credit 1,912.97 207. 507. 208. 508. 209. 509. Adjustmentsfor items unpaid by seller Adjustments for items unpaid by seller 210. City/rown taxes to 510. Cityfrown taxes to 211. County Taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 120. TOTAL PAID BY/FOR BORROWER 1.912.97 520. TOTAL P,EDUCTION A6MOUNF 2.402.97 D(IF. SELLER 300. CASH AT SETTLEMENT FROMITO BORROWER 600. CASH AT SET7'LEAfEM'TOIFRO,kf SELLER 301. Gross amount due from borrower (line 120) 34 415 42 601 G , . . ross amount due to seller dime 4201 34,000.00 302. Less amounts id by/for borrower (line 220) (1,912.97) 602. Less reductions in amount due seller (line 520) F (2,402.97 303. CASH (IXJ FROM) (# TO) BORROWER 32,502.45 603. GLSH ((X) TO) (Ji FROM) SELLER 31,597.03 51-?2 L)) 'F L `l< ? S 'L I l.il-1 IILV. S//b U.S. DEPAR'TMENT' OF HOUSING AND URBAN DVELOPMENT SF17LEMENT STATEMENT PAGE 2 TITLE No. bhl ILt2Ak1Yl" GtiARGiS PAID FROM PAID FROM 700. TOTAL SALFS/BRO)MVS COMMISSION based on price S @ 9i f30R120LVER'S SL•:LLER'S Division of commission (line 700) as follows FUNDS AT SETTLEMENT FUNDS AT SETTLEMENT 701. S to 702. S to 703. Commission paid at Settlement 704. 800, ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee 46 802. Loan Discount % 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee 806. Mortgage Insurance Application Fee to 807. Assumption Fee 806. 809. 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to @ S /day 902. Mortgage Insurance Premium for mo. to 903, Hazard Insurance Premium for 1 r. to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Hazard insurance mo. @ $ /mo. 1002. Mortgage insurance mo. @ S /mo. 1003. City property taxes mo. @ $ /mo. 1004. County prop" taxes mo. @ S /mo. 1005. Annual assessments mo. @ $ /me. 1006. School taxes mo. @ $ /mo. 1007. mo. @ S /mo. 10086 Aggregate Escrow 1100. MILE CHARGES 1101. Settlement or dosing fee to 11026 Abstract or title search to 1103. Title examination to 1104. Tide insurance binder to 1105, Document preparation to 1106. Notary fees to Cash 1107. Attorney's fees to JACOBSEN & MILKFS 150.00 (includes above items No.:) 1108. Tide insurance to (includes above items No.:) 1109. Lenders coverage $ 1110. Owner's coverage $ 1111. 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $25.50; Mortgage S ; Releases S 25.50 1202. City/county tWsmmps: Deed $340.00; Mortgage $ 340.00 1203. State tax/stamps: Deed 5340.00; Mortgage $ 340.00 1204, 1205. 1300. ADDMONAL SEITLI•MENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. Overnight Express 1304. Deborah Pieper, Tax Collector 49.92 1305. 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502. Sections J and K) 415.42 490.00 The Undersigned Acknowledges Receipt of This Settlement Statement and AgrAfin the Correctness?hereof. ?( f °Ye1 , c cr Meiling Add,ess: Forwarding Address: Setdement nt Agent: JASON P. KUTULAKIS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-4543 V. MARY D. KUTULAKIS, Respondent Lis Pendens RESPONDENT'S ANSWERS TO PETITIONER'S FIRST SET OF INTERROGATORIES 1. To the best of Respondent's, June 19, 1958. 2. To the extent that Petitioner's use of the word 'separated' means living separate and apart, Respondent does not recall an exact date. Respondent is able to state that there were several times that Peter N. Kutulakis would come and go from the home she shared with him at 411 Barnstable Road. Respondent never divorced Peter N. Kutulakis. 3. Respondent is not able to recall exact dates. However, she is able to state that Peter N. Kutulakis at times maintained a residence at the following locations: Franklin Street, Carlisle, Pennsylvania; Chapel Avenue, Carlisle, Pennsylvania; Cabin located at 505 Barnstable Rd., Carlisle, Pennsylvania; and a condominium in New York City. Respondent also incorporates her response at Item No. 2 as though if fully set forth at length herein. 4. Respondent objects to this interrogatory in that it is not reasonably calculated to lead to the discovery of admissible evidence. Respondent further objects to the extent that such information is privileged and not subject to discovery requests. EXHIBIT 5. Respondent objects to this interrogatory in that it is not reasonably calculated to lead to the discovery of admissible evidence. Respondent further objects to the extent that such information is privileged and not subject to discovery requests. 6. Respondent objects to this interrogatory in that it is not reasonably calculated to lead to the discovery of admissible evidence. Respondent further objects to the extent that such information is privileged and not subject to discovery requests. 7. Lisinopril, Celexa and Ibuprofen. 8. Respondent objects to this interrogatory in that it is not reasonably calculated to lead to the discovery of admissible evidence. Respondent further objects to the extent that such information is privileged and not subject to discovery requests. 9. Respondent objects to this interrogatory in that it is not reasonably calculated to lead to the discovery of admissible evidence. Respondent further objects to the extent that such information is privileged and not subject to discovery requests. Without waiving said objection, Respondent states that to the extent that her memory is lacking, it is only been affected by the passage of time and the length of time in which Petitioner took to file this action. 10. a. Respondent does not recall any specific date other than to state that this event occurred after Peter N. Kutulakis' death. b. Respondent does not recall any specific date other than to state that this event occurred after Peter N. Kutulakis' death. C. Respondent refers to the letter from Thomas Place that is being produced contemporaneously with these answers. 11. a. Respondent does not recall any specific date other than to state that this event occurred after Peter N. Kutulakis' death. b. Respondent refers to the letter from Thomas Place that is being produced contemporaneously with these answers. C. Respondent refers to the letter from Thomas Place that is being produced contemporaneously with these answers. 12. Respondent does not recall. 13. Respondent recalls that Thomas Place was asking $34,000.00 for the property. 14. The mailman who delivered the mail. 15. This response is tailored to the definition of "separation" as meaning living separate and apart. Respondent never divorced Peter N. Kutulakis. Respondent does not recall with whom she specifically discussed her living arrangements. However, she offers that she likely spoke to her family and friends from time to time. Respondent is not able to recall any specific date or substance of conversation because of the passage of time. 16. Respondent has not yet determined who she will call as a witness in this case. She reserves the right to call any individual discussed during the exchange of discovery. When a decision is made she will supplement this response in a timely fashion. 17. Respondent has not yet determined whether she will call an expert in this case. When a decision is made she will supplement this response in a timely fashion. h 1 8. Respondent has not yet determined which items she will use as exhibits in this matter. Respondent reserves the right to use any item exchanged during discovery or used at the prior hearing in this matter. When a decision is made she will supplement this response in a timely fashion. 19. Respondent and her counsel. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS D n E. Reyno a, Esquire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I, Mary D. Kutulakis, hereby verify that the statements made in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated:h??1r? Mary D Kutulakis CERTIFICATE OF SERVICE I hereby certify that on this Y4 day of ?r. I , 2012, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Jason P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS D /nE.eynosa, Esquire Attorney Id. 80440 26 West High Street Carlisle, PA 17013 717-243-6222 4, e AND NOW, this 14"' day of May, 2012, I, Shannon Freeman, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing SECOND MOTION TO COMPEL RESPONSES TO DISCOVERY DEMANDS via hand-delivery to the following: Dean Reynosa, Esquire SAIDIS, SULLIVAN & ROGERS, P. C. 26 W. High Street Carlisle, PA 17013 a on Freeman JASON P. KUTULAKIS, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V No.: 2011-4543 . MARY D. KUTULAKIS, Lis Pendens a' = = Respondent ` PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter with prejudice and mark the lis pendens filed at this docket withdrawn. Date: 4- Respectfully submitted, Ja n P. Kutulakis, Esquire Attorney Id. 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Petitioner/Plaintiff JASON P. KUTULAKIS, Petitioner V. MARY D. KUTULAKIS, Respondent IN THE COURT OF COMMON PLEA ;. CUMBERLAND COUNTY, PENNSYLOA No.: 2011-4543 ?vc:s Lis Pendens PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw the Motion to Compel Compliance with Court Order on behalf of Mary D. Kutulakis, at the above docket. Respectfully submitted, Date: 6 "L7' U-31-- D E. Reynosa, Esquire A orney Id. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Mary D. Kutulakis