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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: ESTATE OF )
PETER N. KUTULAKIS ) Register of Wills No. 1997-00716
~
JASON P. KUTULAKIS, ) n
Petitioner ) ,-;
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vs. ) No. 22011-4543 c ~ ~- ~~
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MARY D. KUTULAKIS, ) ~ -= ; c,~ r_
Respondent ) ~ r~~ ~_ ~ ~'
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ORDER
NOW, this 15`}' day of May, 2012, at the time scheduled for trial on the Petition
To Open Estate and Set Aside the Final Account and Distribution filed by Petitioner,
Jason P. Kutulakis, in the estate proceedings of Peter N. Kutulakis, deceased, docketed in
the Office of the Register of Wills to No 1997-00716, and on the Praecipe For Lis
Pendens filed by Jason P. Kutulakis at Docket No. 22011-4543; Petitioner, Jason P.
Kutulakis, having appeared pro se, and Respondent, Mary D. Kutulakis, appearing,
represented by Dean Reynosa, Esq.; counsel for Respondent and Petitioner having
reported that they have engaged in discussions that have resulted in an agreement in full
settlement of the instant litigation, and the terms of that agreement having been placed of
record;
IT IS ORDERED that the terms of the settlement agreement placed of record are
approved, incorporated and adopted as an Order of Court in settlement of the Petition To
Open Estate and Set Aside the Final Account and Distribution and Praecipe For Lis
Pendens, and accordingly, the trial is cancelled and pursuant to the terms of the
settlement agreement:
1. Jason P. Kutulakis shall pay the expense for anengineer/surveyor to
reconfigure the boundary line between the properties of Petitioner and
Respondent in accordance with the drawing admitted into evidence as
Exhibit "A" and attached to this Order, with the expense estimated to be
approximately $1000.00 to $1500.00.
2. Jason P. Kutulakis shall pay to Respondent's counsel, Dean Reynosa, the
amount of $7500.00 as counsel fees, to be paid as follows:
a. $4500.00 today, May 15, 2012.
b. The balance of $3000.00 in three equal installments of $1000.00
each, with the first installment to be paid on the date that the
engineer/surveyor completes the reconfiguring of the boundary line
as described in paragraph 1. of this Order, the second installment to
be paid thirty days after the engineer's completion of the boundary
line reconfiguration, and the third installment to be paid sixty days
after the engineer's completion of the boundary line reconfiguration.
3. Jason P. Kutulakis shall discontinue of record the proceedings initiated by
his Petition To Open Estate and Set Aside the Final Account and
Distribution and his Praecipe For Lis Pendens and will cause the Lis
Pendens to be withdrawn and stricken of record.
4. R.espondnt's counsel shall prepare a Release for execution by Respondent
and Petitioner, that shall include a mutual release of known and unknown
causes of action and claims between the parties, including causes of action
and claims relating to the properties at 411 Barnstable Road and 5(?5
Barnstable Road, Carlisle, PA that are the subject of the instant litigation.
The Release shall exclude from its operation claims and causes of action
that may arise from disputes with persons who in the future may acquire title
to all or part of the properties that are the subject of this litigation and claims
and causes of action that may arise from disputes with owners of land
adjoining the subject properties. Counsel will exercise their best efforts to
finalize and effect execution of the Release within 15 days after the date of
this Order. ~
BY COURT
~;~
Eugene E. ke, II ~-
Senior Judge
~ This Order was prepared from notes of the terms of the settlement ageement placed of record on May 15,
2012. Transcript has not yet been received.
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: PETER N KUTULAKIS CUMBERLAND COUNTY
PENNSYLVANIA
NO. 1997-716
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 5/15/2012
JUDGE'S INITIALS: EEF III
TIME STAMP DATE: 5/25/2012
IN RE: ORDER
SERVICE TO: JAOSN P KUTULAKIS
DEAN E REYNOSA
METHOD OF MAILING
® USPS
^ RRR
^ HAND DELIVERED
^ OT'HER
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MAILED: _~ • j `,' I ! -.
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
® CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY
^USPS ^ PETITIONER
^ RRR ^ JUDGE
^ HAND DELIVERED ^ CLERK OF ORPHANS COURT
^ OTHER __
MAILED:
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Deputy
Clerk of Orphans' Court