HomeMy WebLinkAbout06-08-12
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Tuesday, May 15, 2012
Carlisle, Pennsylvania
(The following proceedings were held at 9:40 a.m,.:;l
THE COURT: From our previous informal
discussion, I understand that there's an agreement t.o
resolve the issues that are before us.
MR. KUTULAKIS: Yes, Your Honor.
MR. REYNOSA: That is correct, Your Honor.
THE COURT: Do you want to begin, Attorney
Reynosa or Attorney Kutulakis?
MR. KUTULAKIS: I can try to take a crack at
this, Your Honor_ The parties have agreed to the following:
That I will assume a payment to an engineer surveyor to
reconfigure a property boundary line between the subject.
parcels.
Mr. Reynosa and I have developed a proposed
exhibit for the Court which we've captioned as Exhibit A.
The property line, while it's a fiction at this point in
spirit, as it relates to this exhibit will begin at a point
that we've numbered as No. 1 on this Exhibit A to a point
that we've numbered as point No. 2, from point 2 to point 3
which will close the subject property which we currently --
I currently own.
In addition to the fees associated with ghat,
which we understand to be somewhere between 1,000 and
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$1,500, I will -- I will assume the responsibility of paying
that sum. Additionally, we will pay a fee of $7,500 to
Mr. Reynosa for his fees associated with this case to date
broken down into payments as follows:
A payment of $4,500 payable today with 3
equal installments of $1,000 beginning on the date that
Mr. Diffenbaugh completes his engineering as described in
good faith in Exhibit A.
Thereafter, 2 remaining payments of $1,000
will be made 30 days apart with the ability to make total
payment prior to that if we choose to do so. I presume you
won't object to that.
MR. REYNOSA: No.
MR. KUTULAKIS: Additionally, Mr. Reynosa
will be drafting praecipes to discontinue both actions that
are currently before this Honorable Court as well as a
general release to be executed by both parties.
The general scope of the release will
indicate that the parties will mutually release one another
for all current known or unknown causes of action but will
not bar any ability to enforce future property disputes
between current or future land owners.
The spirit of that release is not to .relate
to anything that's transpired to date at all. It's to
protect the prospective landowners in the future, their
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rights to enforce their own property rights. We do not have
those releases to present to the Court today.
I don't hold any reservations that
Mr. Reynosa's pen won't get that done in an accurate action
appropriately. Also, we agreed that as long, as I get a
draft, we will do our very best to have the general release
executed within 15 days of today's date, Your Honor.
MR. REYNOSA: And the future claims that
Mr. Kutulakis suggests or potential future claims I believe
relate to issues such as if a new landowner or current
landowner encroaches upon Mr. Kutulakis's land for some
reason or tries to build a house too close to his property,
not for any claims that may have been known or unknown
during the course of this lawsuit; is that correct?
MR. KUTULAKIS: Right. And it's mutual. So
likewise if I were to sell my property, if whoever purchases
it would encroach on the then landowner, they would have
rights that the other landowner would have.
MR. REYNOSA: And we'll reference both
parcels of land 411 Barnstable as well as 505 as well by
parcel numbers in the release.
THE COURT: Say that again.
MR. REYNOSA: We'll incorporate both parcels
of land, 411 and 505 Barnstable Road in the general release.
We can submit this Exhibit A to the Court, or we can
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incorporate it into our general release. Whatever the Court
wishes. It's our general drawing that Mr. Diffenbaugh will
refer to in doing his additional work related to the
subdivision of the land.
THE COURT: Maybe we could do both. We can
make a copy for the Court, and you could use that for your
purposes. Just a thought.
MR. REYNOSA: Very well. We can do that. I
believe that covers all the issues.
THE COURT: And to confirm, obviously, I'm
relying on your representations but your client is i:n
agreement with this, Attorney Reynosa?
MR. REYNOSA: She is in agreement with this.
Is that correct, Miss Kutulakis?
MRS. KUTULAKIS: Yes.
THE COURT: Do you need anything further in
the way of an order other than an order approving
settlement? And by that I mean do you need any kind of
order that regurgitates the terms that you just placed of
record or shall we ask for transcript or leave just leave
the record as it is and rely on that as the terms of the
agreement?
MR. REYNOSA: If I may speak to my client?
If we could just have an order just, I guess, reciting the
general terms and with a deadline that hopes that in good
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faith the parties try to complete or have an agreement
completed within 15 days of today's date, something to that
effect?
MR. KUTULAKIS: I don't have any objection,
Your Honor.
MR. REYNOSA: And if the Court wishes to have
the transcript transcribed for that purpose to do the
agreement, I wouldn't have a problem with that so we can get
a court order.
THE COURT: That's probably better since
inadvertently, although I am sure you would bring it to my
attention, inadvertently I would change something in my
dictated order I think it would be better to get a
transcript and then I'll enter an order incorporating those
terms if that's satisfactory with you and with your client
as well.
MR. REYNOSA: Sure. So long as we have an
order incorporating the terms, that's fine.
THE COURT: All right. That's what we'll do
then. For today's purposes, this 15th of May, 2012, we
approve the settlement and it is ordered that the settlement
and the terms of that settlement placed of record by counsel
are approved and incorporated into this order of court with
the Court to prepare a written order to be distributed to
counsel. We request the reporter to prepare a transcript
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for incorporation in our formal order. Thank you. Is that
satisfactory?
MR. KUTULAKIS: Yes, Your Honor.
MR. REYNOSA: Thank you.
THE COURT: Let me just say that it is always
better to reach agreement than to be compelled to go through
the litigation, and I am very happy that you reached an
agreement. It seems reasonable to me and a very reasonable
settlement of the issues so you can put this all behind you.
MR. KUTULAKIS: Your Honor, I feel compelled
on the record, I know I did this in chambers too but
formally to apologize to the Court for delaying bringing
this to fruition and forcing the Court to come from out of
county. I want to make sure I did that formally on the
record.
THE COURT: No apology necessary.
(The proceedings concluded at 9:49 a.m.)
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I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
;~ r ~L~, / ~, "~'
~.mdy L. ~ortez~, RPR
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
~R% d`/ Z-v~Z
Date
CERTIFICATION
~-
Eugene Fike, II, r. J.
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