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• TIMMY G. THIMIS and TASSIA N. THIMIS, PLAINTIFF VS. NICHOLAS T. THIMIS and TANYA' J. THIMIS, DEFENDANTS • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 3 ?O l c1u te?M NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTIY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTER?NG A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 By: 1 NVA-1,k SNtGd .1 ! :?? Clffwl ?8awflo 2 :8 wv Z1 188ZI4Z N0141138d 3HI !. ?a-?l X91 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 TIMMY G. THIMIS and TASSIA N. THIMIS, Plaintiffs vs. NICHOLAS T. THIMIS and TANYA J. THIMIS, Defendants • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ic' 3 4 CIVIL ACTION - LAW & EQUITY COMPLAINT 1. Timmy G. Thimis is an adult individual residing at 6389 Stephen's Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Tassia N. Thimis is an adult individual residing at 6389 Stephen's Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Timmy G. Thimis and Tassia N. Thimis are married. 4. Nicholas T. Thimis is an adult individual residing at 117 Live Oak Lane, Luling, Louisiana 70070. 5 Tanya J. Thimis is an adult individual residing at 117 Live Oak Lane, Luling, Louisiana 70070. 6. Nicholas T. Thimis is the son of Timmy G. Thimis and Tassia N. Thimis. 7. Tanya J. Thimis is the daughter-in-law of Timmy G. Thimis and Tassia N. Thimis. 8. The four (4) parties are owners of an investment property located at 6393 Stephen's Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050 and for which the Plaintiffs seek to end the investment relationship as outlined in Count I. • 9. The four (4) parties are also involved as lenders (Plaintiffs) and borrowers (Defendants) for the sum of Thirty Thousand and 00/100 ($30,000.00) Dollars as outlined in Count II. 10. The four (4) parties also have issues between themselves regarding credits and debits for not only the investment property and loan but also other assets. COUNT I: BREACH OF SETTLEMENT AGREEMENT 11. As set forth below after extensive negotiations between May 9, 2012 and July 23, 2012, the Defendants' attorney (Tricia D. Naylor, Esquire) offered a written settlement in a letter dated July 23, 2012 (see Exhibit "A") which stated: I spoke with Nicholas Thimis this morning and he would like to put an end to out negotiations. He does not wish to put his parents through this process any longer. My clients agree to resume making payments under the loan and intend to make a payment this week. In addition, my clients agree to transfer the property [6393 Stephen's Crossing, Mechanicsburg, PA 17050] to your clients in exchange for being released from any past or future obligations relating to the property. Your clients can then determine what is fair regarding the distribution of any sale proceeds. Please prepare a deed conveyance and a release for my review. Thank you for your prompt attention to this matter. 12. On August 13, 2012 Plaintiffs by and through their counsel accepted this offer to settle and forwarded via fax to Attorney Naylor the Settlement Agreement and Release and Proposed Deed (see Exhibit "B"). 13. On September 10, 2012 Defendants by and through their counsel disputed the terms of the Release; refused to sign the Release or Deed; and then sought to withdraw from the settlement agreement entirely. 0 0 14. Commencing on May 9, 2012 Plaintiffs sought to end the investment property relationship with the Defendants. 15. Between May 9, 2012 and July 22, 2012 the parties individually and later by and through their respective counsel (Tricia D. Naylor, Esquire for the Defendants; Steven Howell, Esquire for the Plaintiffs) engaged in settlement negotiations to end the investment property relationship and settle all other pending disputes between the parties which included various credits and debits that each claimed against the other. 16. On May 9, 2012 Plaintiffs by and through Attorney Howell sent their first offer to the Defendants as set forth in Exhibit "C" (letter dated 5/9/12). 17. On May 11, 2012 Defendant faxed a counter offer to Attorney Howell as set forth in Exhibit "D" (letter dated 5/7/12). 18. On June 1, 2012 Plaintiffs by and through Attorney Howell sent their second offer to the Defendants as set forth in Exhibit "E" (letter dated 6/2/12). 19. On June 14, 2012 Defendants responded with a letter advising of their retention of local counsel, Tricia Naylor, Esquire as set forth in Exhibit "F" (letter dated 6/14/12). 20. On July 3, 2012 Plaintiffs by and through Attorney Howell sent a draft Escrow and Maintenance Agreement to Attorney Naylor as set forth in Exhibit "G" (letter dated 7/3/12). 21. On July 3, 2012 Plaintiffs by and through Attorney Howell sent a revised draft Escrow and Maintenance Agreement to Attorney Naylor as set forth in Exhibit "H" (letter dated 7/3/12). 0 0 22. On July 10, 2012 Plaintiffs by and through Attorney Howell sent a letter to Attorney Naylor regarding the parties' loan, investment property and outstanding debits and credits as set forth in Exhibit "I" (letter dated 7/10/12). 23. On July 12, 2012 Defendants by and through Attorney Naylor responded with a letter as set forth in Exhibit "J" (letter dated 7/12/12). 24. On July 13, 2012 Plaintiffs by and through Attorney Howell sent a letter to Attorney Naylor regarding the parties' loan, investment property and outstanding debits and credits as set forth in Exhibit "K" (letter dated 7/13/12). 25. On July 13, 2012 Defendants by and through Attorney Naylor responded with a letter as set forth in Exhibit "L" (letter dated 7/13/12). 26. On July 18, 2012 Plaintiffs by and through Attorney Howell responded with a letter indicating that: (a) the Defendants must sign the last version of the Escrow and Maintenance Agreement; (b) the Defendants must resume the missed loan payments; or (c) a lawsuit would be filed to collect on the loan and a partition action would be filed regarding the investment property. See Exhibit "M" (letter dated 7/18/12). 27. The July 18th letter (Exhibit "M") clearly states that if the Defendants refuse to take certain actions that a collection lawsuit and a partition lawsuit will be filed. 28. The July 23rd letter (Exhibit "A") clearly offers a settlement to the demand set forth in the July 18th letter. 29. Plaintiffs accepted the July 23`d offer on August 13, 2012 (Exhibit "B") when they drafted the Settlement Agreement and Release and proposed deed. 30. Defendants never withdrew their July 23`d offer to settle prior to August 13, 2012. 31. In Pennsylvania our Supreme Court in Mazzella v. Koken, 559 Pa. 216, 739 A.2d 531 at 536 (1999) held that "[e]ven the inability of the parties to an oral agreement to reduce such agreement to writing after several attempts does not necessarily preclude a finding that the oral [settlement] agreement was enforceable." 32. Following the opinion in Mazzella v. Koken, our Superior Court in Mastroni- Mucker v. Allstate, 2009 Pa. Super 101, 976 A.2d 510 at 522 (2009) held that "the unsuccessful attempts of counsel to reduce the terms of the parties' settlement agreement to writing does not permit the court to ignore the relevant material facts which are not in dispute." 33. In this case we have a written settlement offer in Attorney Naylor's letter of July 23, 2012 and the court must enforce the terms outlined in her letter which are not in dispute as accepted by the Plaintiffs on August 13, 2012. WHEREFORE, Plaintiffs respectfully request entry of judgment in their favor enforcing the terms which are not in dispute as outlined in the Defendants' written offer to settle dated July 23, 2012. 0 0 COUNT II: BREACH OF ORAL CONTRACT 34. 35. 36. 37. 38. 39. 40 In April of 2011 Nicholas T. Thimis and Tanya J. Thimis approached the Plaintiffs and requested that they loan them Thirty Thousand and 00/100 ($30,000.00) Dollars. The Defendants requested the $30,000.00 because they did not have sufficient funds to make a down payment on a home in Louisiana. On April 25, 2011 the Plaintiffs tendered $30,000.00 to Defendant Tanya J. Thimis in Pennsylvania. The Defendants used the $30,000.00 as the down payment on the Louisiana home. The parties agreed the Defendant would repay the loan in full by July 31, 2011 once Nicholas T. Thimis "won" a lawsuit he had with his former employer over a breach of contract claim. When July 31, 2011 came and went the Plaintiffs demanded to be repaid and Nicholas T. Thimis told them the lawsuit had been "cancelled" and he did not have the money. Plaintiffs repeatedly requested repayment and in January 2012 Nicholas T. Thimis finally made a single $1,000.00 payment. 41. Defendants have made the following payments on this debt: Amount $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 Date January 2012 February 2012 March 2012 April 2012 July 23, 2012 August 20, 2012 September 10, 2012 October 3, 2012 0 42. Although payment in full was due July 31, 2011, Defendants failed to timely make any payments for the months of. Amount Date of Missed Payment $1,000.00 May 2012 $1,000.00 June 2012 43. The outstanding balance due is $22,000.00 and Plaintiffs seek the immediate repayment of the entire balance since the Defendants have breached the agreement. WHEREFORE, Plaintiffs seek a money judgment of $22,000.00 plus an award of court costs and an award of interest from August 1, 2011 to the present in accordance with the statutory judgment rate against the Defendants. COUNT III: BREACH OF FIDUCUARY DUTY SEEKING THE RETURN OF FUNDS BELONGING TO THE PLAINTIFS 44. In the winter of 2011 Defendant Nicholas T. Thimis approached the Plaintiff and asked them to open a separate bank account in his name at M & T Bank. 45. On March 6, 2011 the sum of $1,000.00 was deposited into the M & T Bank account (xxx067) from funds of the Plaintiffs. 46. M & T Bank account xxx067 is titled only in the name of Nicholas T. Thimis with an initial address of 6389 Stephens Xing (sic), Mechanicsburg, PA 17050 as shown on Exhibit "N". (Account Statement dated March 7, 2012). 47. This address is the home address of the Plaintiffs. 48. Defendant Nicholas T. Thimis told the Plaintiffs he would "hold" these funds for the Plaintiffs' benefit. 49. Plaintiffs have revoked the power of attorney previously granted to Defendant Nicholas T. Thimis. 0 • 50. Plaintiffs seek the immediate return of the entire account balance in M & T Bank account xxx067 including but not limited to the $1,000.00 initially deposited on December 8, 2011 and all interest on this account to the present time. 51. Defendant Nicholas T. Thimis has changed the mailing address for the account without Plaintiffs' permission. 52. Defendant Nicholas T. Thimis has changed the passwords for online access to the account without Plaintiffs' permission. WHEREFORE, Plaintiffs seek a money judgment of $1,000.00 plus an award of court costs and an award of interest in accordance with the statutory judgment rate against the Defendants. COUNT IV: PARTITION 53. In the event the Court does not enforce the terms of the settlement agreement as requested in Count I, Plaintiffs seek the partition of the investment property. 54. Plaintiffs and Defendants are the owners of a rental property located at 6393 Stephen's Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. 55. Plaintiffs and Defendants hold title as between themselves through a joint tenancy with right of survivorship. 56. Plaintiffs and Defendants have reached a point of incompatibility in the management of this rental property which is located near to the Plaintiffs' home. • 57. Plaintiffs seek to partition the property and request entry of an order awarding them the entire parcel. 58. Plaintiffs are the only mortgagors on the existing loan which collateralizes the rental property. 59. The Defendants acknowledged in the past that the entire parcel was the property of the Plaintiffs when they executed a deed dated August 10, 2007 and recorded on September 4, 2007 transferring their interest to the Plaintiffs as shown on Exhibit "O". 60. The Defendants then proposed to the Plaintiffs that a viable estate plan in order to reduce Pennsylvania inheritance tax was for the Plaintiffs to re- convey the property in four (4) names as shown on Exhibit "P" (deed dated June 2, 2009 and recorded June 4, 2009). WHEREFORE, Plaintiffs request a court of equity to partition the property and permit them to acquire full title to the rental property. Respectfully submitted, BY: Ste Howell, F' c juire v owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiffs Date: October 8, 2012 • • VERIFICATION Uwe verify that the statements made in the foregoing document are true and correct. Uwe understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. BY: _e%11t.Ld Timmy G. himis Date: / IN t 1& BY: i". 'y ?- T N. Tbimis Dated J-4 07/23/2012 16:38 BAxIc Attorneys at Law 7172495- '9 SCHMER LLC David A. Banc Michael A, Sdierer Trlcla D. Na ' for Bret P. SAaf* 19 West South Street Carlisle, Pervwylvanla 17013 (717) 249-6873 (717) 249-5755 - Pax dbaric0baricscherer.com July 23, 2012 VI_A FACNME CM& ,O (71Z)779-2278 Steven Howol?, Esquire Howell Law Firm 619 Bridge Street New Cumberl nd, Pennsylvania 17070 Dear Steven: /plat nl I spoke with Nicholas Thimis this morning and he would like to put an end to our negotiations. He does not wish to p?t his parent through this process any longer. My clients agree to resume making payments under the loan and intend to mare a paynwA this week. In addition, my clients agree to transfer the properly to your clients in exchante for being released from any past or fro obligations relating to the property. Your clients can then determine what is fair regardin8 the distribution o any sale proceeds. Please prepare the deed of conveyance and a release for my review. Thank you for your prompt attention to this matter. TDN/ar Enclosures cc: File Nicholas and Tanya Thimis QBS 4 Very truly yours, qD SC RERLLC . Naylor, squire 0 a HOWELL ]LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 **** VIA FAX 249-5755 **** Tricia'D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 RE: Thimis Rental Property and Loan Dear Tricia: I enclose the following: 1. Settlement Agreement and Release; and 2. Proposed Deed. SH/bth cc: Timmy and Tassia Thimis (w/encl.) August 13, 2012 Very truly yours, TRANSMISSION VERIFICATION REPORT TIME : 08/13/2012 14:22 NAME : HOWELL LAW FIRM FAX : 7177701278 TEL SER.# 000AGJ528632 DATE DIME 08/13 14:20 FAX NO./NAME 2495755 DDUA ION :01:55 { 08 RESULT OK MODE STANDARD ECM 4 4 SETTLEMENT AGREEMENT AND RELEASE AND NOW, this day of , 2012 comes Timmy G. Thimis, Tassia N. Thimis and Nicholas T. Thimis, Tanya J. Thimis, and enter into this Settlement Agreement land Release, as follows: WHEREAS, certain disputes have arisen regarding the rental property located at 6393 Stephen's Crossing, Village of Westover, Mechanicsburg, Hampden Township, Cumberland County, PA. WHEREAS, the Parties wish to amicably resolve all claims, disputes and causes of action between them. NOW, THEREFORE, intending to be legally bound and in receipt of good and valuable consideration the receipt of which is acknowledged, the parties agree, as follows: 1. Nicholas T. Thimis and Tanya J. Thimis shall execute a deed for 6393 Stephen's Crossing, Mechanicsburg, PA conveying their interests to Timmy G. Thimis and Tassia N. Thimis. 2. Nicholas T. Thimis and Tanya J. Thimis are absolved from any past and future obligations regarding the investment property at 6393 Stephen's Crossing, Mechanicsburg, PA. 3. Nicholas T. Thimis and Tanya J. Thimis acknowledge they have taken no actions to encumber or otherwise cloud the good and marketable title to the investment property. 4. Timmy G. Thimis and Tassia N. Thimis shall have the exclusive right to lease out the premises prior to any sale of 6393 Stephen's Crossing, Mechanicsburg, PA. 5. Timmy G. Thimis and Tassia N. Thimis shall have the right to receive any rental income until the sale of 6393 Stephen's Crossing, Mechanicsburg, PA. Nicholas T. Thimis acknowledges that the general and/or durable power of attorney he received in the past from Timmy G. Thimis and Tassia N. Thimis has been revoked and that he affirms that 1,10 4 he has not used the Power of Attorney in any way to borrow, encumber, alienate, sell, transfer or exercise control over any -assets or accounts owned solely or in part by Timmy G. Thmis and Tassia N. Thimis. 6. THIS SETTLEMENT AGREEMENT AND RELEASE IS NOT INTENDED TO RELEASE NICHOLAS T. THIMIS AND TANYA J. THIMIS FROM THE PERSONAL LOAN FROM TIMMY G. THIMIS AND TASSIA N. THIMIS TO NICHOLAS T. THIMIS AND TANYA J. THIMIS. 7. Nicholas T. Thimis and Tanya J. Thimis agree to resume making payments on the personal loan from Timmy G. Thimis and Tassia N. Thimis at the rate of $1,000.04 per month. The outstanding balance was $25,000.00 as of August 1, 2012. The next payment of $11,000.00 is due on or before September 1, 2012. In the event of any default in males these monthly payments the parties agree interest at the rate of 6.000% shall be due and all attorney's fees incurred in any collection activity. 8. Thel $1,000.00 on deposit at M & T Bank Account # 1500422452067 shall be returned with the execution of this release to Timmy G. and Tassia N. Thimis. This money shall not be paid in lieu of the $1,000.00 due under Paragraph 7 of this Agreement. 9. The M1911A1 (Colt. 45 Automatic) and its holster, pistol belt and magazine in the possession of Nicholas T. Thimis shall be returned within thirty (30) days to Timmy G. and Tassia N. Thimis. 10. Release. Upon signing of this Agreement the parties do hereby release and forever. discharge each other, their officers, directors, successors and assigns, of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, consequential damage, attorney's fees, claims for contribution or indemnity, and all other matters which one party may have against the other, either known or unknown, from the beginning of time to the date of this Agreement. 11-0- 4 11. No .Admission. The Parties agree that this settlement is the compromise of claims which are disputed and that any payment, settlement or release is not to be construed as an admission of liability by the persons, firms, and corporations hereby released, by whom all liability is expressly denied. 12. moment Fully Understood. By their signatures affixed hereto, each of the Parties acknowledges that they have read the Agreement, have had the advice of counsel pertaining thereto, knows its contents, and understands its terms- and effects, prior to the time of execution. R"t"es to foHawj V. "'0 IN VVrrNM WHEREOF, and intending to be legally bound, the Parties have executed this Agreement as of the dates written below. ATTEST: Timmy G. Thimis By: Timmy G. Thimis Tassia N. Thimis By: Tassia N. Thimis Nicholas T. Thimis By: Nicholas T. Thimis Tanya J. Thimis By: Tanya J. Thimis ?0_ THIS DEED MADE THE day of thousand and twelve (2012). Tax Parcel No. 10-19-1604-215 in the year of our Loral two BEYW4ENNICHOLAS T. THIMIS and TANYA J. THIMIS, husband and wife, of Luling, Louisiana, parties of the first part, Grantors, And '!TIMMY G. THIMIS and TASSIA N. THMS, husband and wife, of Hampden Township, Cumberland County, Pennsylvania, parties of the second part, ' Grantees: ihfT*WTH, that in consideration of One --- ($(1.00) --- Dollar, in hand paid the receipt hereof is hereby acknowledged, the said Grantors do hereby grant and convey to the s id Grantees, their heirs and assigns, as tenants by the entirety, all of their right- title interest, being an undivided one-half interest in the following: 4L THAT CERTAIN Unit in the property known, named and identified in the Declaration Plan referred to below as STEPHEN'S COURT GAMMA, situate in the Village f Westover, Hampden Township, Cumberland County, Pennsylvania which has been su nnitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P?L. 196 (68 P. S. 700.101, et seq.), by recording in the Office of the Recorder of Deeds c f Cumberland County, Pennsylvania, of a Declaration dated September 7, 1979 and riled in Miscellaneous Book 246, Page 382, and Declaration Plan dated Septem r 7, 1979 and recorded in Plan Book 36, Page 55, and a Code of Regulations, Exhibit `B" of said Declaration, described as follows: SING and designated on the Declaration Plan as Unit C-5 with detached garage, said g designated on the Declaration Plan as Unit C-5-G, together with an undivided interest purtenant to the Unit in all Common Elements (as defined in the Declaration) of 16 2/ Fge. The Unit is municipally numbered as 6393 Stephen's Crossing, Village of Westov$r, Mechanicsburg, Pennsylvania. I BUNG the same premises which Timmy G. Thimis and Tassia N. Thimis, husband and wife, by deed dated June 2, 2009 and recorded June 4, 2009, in the office of the Recorder of Deeds, in and for Cumberland County, at Carlisle, Pennsylvania, in Instrument Number 200918672, granted and conveyed to Timmy G. Thimis and Tassia N. Thimis, husband and wife, as tenants by the entirety, holding as joint tenants with right of survivorship with Nicholas T. Thimis and Tanya J. Thimis, husband and wife, as tenants 10- 4 by the entirety. The June 2, 2009 deed erroneously refers to Nicholas G. Thimis when the correct Spelling is Nicholas T. Thimis IT IS the intent of the within deed to convey all of the right, title and interest-of Nicholas T. Thimis and Tanya J. Thimis to Timmy G. Thimis and Tassia N. Thim s, thereby westing title in fee simple solely in Timmy G. Thimis and Tassia N. Thimis, husband and wife, as tenants by the entirety. bM WITEIIN conveyance is from son and daughter-in-law to parents, and is, therefotje, exempt from realty transfer taxes imposed by the Commonwealth of Pennsylvania, Hampden Township, and West Shore School District. AtO the said Grantors do hereby covenant and agree that they will warrant SPECL4LLY the property hereby conveyed. W f 7TNESS WHEREOF, said Grantors have hereunto set their hands and seals this day and tear first above written. ,SJ#eri; Sm d, and Delivered in the Presence of (SEAL) NICHOLAS T. THIMIS (SEAL) TANYA J. THIMIS COMMONWEALTH OF PENNSYLVANIA SS COUNT' OF On this, the day of . 2012, before me, a Notary Public in and for said State and (County, the undersigned officer, personally appeared NICHOLAS T. THIMIS, Grantor herein, known to Ime, (or satisfactory proven) to be the person whose name is subscribed to the within instrument, and adm6wledged that he executed the same for the purposes therein contained. tK WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF On this, the day of , 2012, before me, a Notary Public in and for said State and County, the undersigned officer, personally appeared TANYA J. THWS, Cmmtor herein,. known to me, (or satisfactory 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 WrMSS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires I do hereby certify that the precise residence and complete post office address of the within named Grantee is: Timmy G. and Tassia N. Thimis 6389 Stephens Crossing MeehaWcsburg, PA 17055 Steven Howell, Esquire Attorney 0 a HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 May 9, 2012 Nichglas T. Thimis and Tanya I Thimis 117 Live Oak Lane Luling, LA 70070 RE: 6393 Stephens Crossing, Mechanicsburg, Pennsylvania Dear Mr. and Mrs. Thimis: I have been retained by Timmy and Tassia Thimis to negotiate the transfer of the investment property. My clients propose the following: 1. A transfer by Deed for the property back to my clients. 2. My clients would be solely responsible for any capital gains taxes due when the property is sold. 3. The allocation of any equity would be as follows: Fair Market Value Less Deal Estate Commission Less Fealty Transfer Tax Less Less Mortgage Payoff Subtotal Le pital Gain Taxes . Less` egal and Recording Fees Net Proceeds from Sale Net Proceeds to Nick and Tanya Less Down Payment Amount Owed to My Clients $162,500.00 (Current Fair Market Value) $ 9,750.00 (6% Commission) $ 1,625.00 (1% Due from Seller; Buyer Pays 1%) $ 1,625.00 (Miscellaneous Costs Paid by Seller) $116,000.00 $ 33,500.00 $ 6,700.00 (Estimated 20%) $ 450.00 $ 26,350.00 = 2 = $13,175.00 each married couple $ 13,175.00 $ 16,107.00 $ 2,932.00 The amount of $2,932.00 would be added to the outstanding balance due for the down payment money lent by my clients for the purchase of your Louisiana home. Pleasel feel free to contact me if you have any questions. My clients request a response within) the next twenty one (21) days prior to proceeding with a partition action. In the alternative, if you agree to execute a deed before May 31, 2012 my clients shall waive the claim to $2,932.00 and agree the capital gain tax will be their burden. SH/bth cc: Timmy and Tassia Thimis Very truly yours, Ste Ho ell, Esquire 0 May 7, 2012 0 Mom & Dad, Hope you're both doing well. Since you won't accept my calls or the fact that I agreed to sell the property on my phone messages. I am writing this letter to convey the letter of "Agreement to Sell" attached. I wish you would have (taken the time to call the state and see how they deal with these issues. Its true that you have to report the asset when you need the care of a nursing home but the state recommends that you do not liquidate the property until you need to. They will not kick you out of the home as you were led to believe but they will request payment and or force sale for your share to be applied for your care if required. Assume selling price @I FMV 165K 165,000 X 6% real estate conbmission 91900 Balance 155,100 Loan balance of 105K minus 105,000 Balance 50,100 In regard to the question about our contribution of Y2of the down payment, if you remember you had asked everyone else before asking us to join in this iacquisition. If you were giving it away for free I am pretty sure someone would have taken you up on the offer. Disbursement: Mom & Dad 20050. Nick 25050. Checking -1500. +2500. Approx balance $5000. prior to closing joint account in Dec 2011. Unreimbursed Exp -31920. +3920. If paid from personal account, otherwise 7840. SUB-TOTAL $ 8,630 $31470. +26000 -26000 debt TOTAL 44,630. $5470. The reason expenses were not compensated when performed was my decision to maintain a balance in the account for unexpected expenses and so you would not have to be concerned about anything. Also, as I pointed out in April on a phone message, the tenant has given notice and will vacate on June 15`h. Since there isn't any contact with me, I have no idea what you want me to do. When we Invested in this property 10 years ago I said that this was my retirement plan and now that's changed. At any rate, please expedite the sale so you can relax. With Love, Nick AGRE _NT REGARDING SALE OF PR?RTY This is an agreement among TIMMY G. TBD IIS, ("Timmy") TASSIA M. TH NM ("Tassia"), NICHOLAS T. TH1MIS ("Nick") AND TANYA J. THI IIS ("Tanya"); that: WHEREAS they are the owners of that certain piece of property described as: "ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration Plan referred to below as STEPHEN'S COURT GAMMA, situated in the Village of Westover, Hampden 'township, Cumberland County, Pennsylvania, which has been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3,1963, P.L. 196 (68 P.S. 700.101, et seq.), by recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration dated September 7, 1979 and recorded in Miscellaneous Book 246, Page 3$2, and a Declaration Plan dated September 7, 1979 and recorded in Plan Book 36, Page 55, and a Code of Regulations, Exhibit "B" of said Declaration, described as follows, to-wit: BEING and designated on the Declaration Plan as Unit C-5 with detached garage, said garage designated on the Declaration Plan as Unit C-5-G, together with an undivided interest appurtenant to the Unit in all Common Elements (as defined in the Declaration) of 16 2/3%. The Unit is municipally numbered as 6393 Stephen's Crossing, Village of Westover, Mechanicsburg, Pennsylvania. BEING the game premises which Nicholas T. Thimis and Tanya J. Thimis, husband and wife by their Deed,'dated August 10, 2007 and recorded on September 4, 2007 in Instrument Number 200734330 granted and conveyed to Timmy G. Thimis and Tassia Thimis, husband and wife, the Grantors herein." WHEREAS, they all desire to sell the Property for a sum to be agreed among them at the time of the receipt of a written offer or offers, their agreement as to price also to be in writing, including a mail transmission and; WHEREAS TiMmy and Tassia will put the Property on the market with a reputable broker and will, at the time of sale, open a new checking account in their names in which to deposit the net proceeds of sale ("New Account") and will deposit the proceeds therein and; WHEREAS upon receipt of such net funds and its deposit, from the New Account they will either return the tenant's deposit to him or her or pay it over to the buyer of the Property, whichever Is appropriate at the time and; WHEREAS, Timmy and Tassia acknowledge that there are outstanding debts in the sum of Seven Thousand Eight Hundred Forty and no/100 Dollars ($7840.00) for improvements made to the property that were not accounted for in 2011 (copies attached); and from the net proceeds in the New Account they will pay such sum, one half to each Nick and Tanya before dividing the remaining proceeds and; WHEREAS, Nick and Tanya acknowledge an outstanding amount of Twenty-Six Thousand and no/100 Dollars ($26,000.0 and from the net proceeds in the New Account they will pay such sum, one half to each Timmy and Tassia before dividing the remaining proceeds and; WHEREAS, Timmy and Tassia wil, over to Nick and Tanya each one-found' a remaining funds in the New Account after full disclosure of the funds that ha previously been deposited in an account at they maintained with respect to the Property and closed in December 2011 and to the extent that such disclosure might show additional funds due to Nick and/or Tanya pay those amounts to each of them from Timmy and Tassia's shares. WHEREAS, A complete audit will be conducted on closed joint checking account for missing funds to determine extent of further action. WHEREAS, this agreement wNl be enforced for a period of 6 months of the last signature. Agreed to and executed by each party as of the date below each signature and effective as of the date of the last signature. M TNESSES: Printed Name: Printed Name: Timmy G. Thinks Date: Tassia N. Thimis Date: Printed Name: Nicholas T. Thin-is Date: Printed Name: Tanya J. Thimis Date: HOWELL ILAw FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Nicholas T. Thimis and Tanya J. 117 Live Oak Lane Luling, LA 70070 Telephone 717-770-1277 Fax 717-770-1278 June 1, 2012 Thimis RE: 6393 Stephens Crossing, Mechanicsburg, Pennsylvania Dear !!Mr. and Mrs. Thimis: IL . As a follow up to my letter of May 9 h, my clients have agreed for settlement purposes to only seek reimbursement of %Z of the $20,107.00 ($4,000.00 down payment and $16,107.64 at closing) needed to acquire the property in 2002 and propose the following: 1. A transfer by Deed for the property back to my clients. 2. My clients would be solely responsible for any capital gains taxes due when the property is sold. 3. Splitting the rental account 50150 with your share being applied to any outstanding balance set forth in Paragraph 4. 4. The allocation of any equity would be as follows: Fair arket Value Less eal Estate Commission Less ealty Transfer Tax Less Less Mortgage Payoff Subtotal Less Capital Gain Taxes Less Legal and Recording Fees Net Proceeds from Sale Net Proceeds to Nick and Tanya Less'ri of Down Payment Less!i of Closing Down Payment Less 12 months of condo fees Less M & T Bank Account Less utstanding Loan Balance Less heck No. 389 (8/7/10) Less Check No. 390 (9/27/10) Less 14 of Cleaning/Maintenance Subtotal Plus Yz of Unreimbursed Expenses TOTAL DUE FROM YOU $162,500.00 (Current Fair Market Value) $ 9,750.00 (6% Commission) $ 1,625.00 0% Oue from Seller; Buyer Pays 1%) $ 1,625.00 (Miscellaneous Costs Paid by Seller) $105,651.00 (As of 6/1/12) $ 43,849.00 $ 3,232.00 $ 450.00 $ 40,167.00 -- 2 = $20,083.00 each married couple $ 20,083.00 $ 2,000.00 (Advanced by Parents) $ 8,053.00 (Advanced by Parents) $ 1,500.00 (You occupied house but did not pay fees) $ 1,000.00 (Account xxx067) $ 26,000.00 (Down-Payment on Louisiana Home) $ 392.00 (Check to you but no receipts) $ 402.00 (Check to you but no receipts) $ 375.00 (Estimated $750.00 for tenant moving out) $ (19,639.00) $ 2,032.00 (Legitimate reimbursement from $4,065.00) $ 17,607.00 Page 2 (6/1/12) With regard to your accounting, the Kenmore washer and dryer were never worth $400.00 be0ause they were ten years old when placed at the property. You may have the appliances :back if you wish. My clients view only $4,065.00 of the $7,840.00 you identified as being legitimate and of that sum'/z was your obligation. Since no payment was made in May 2012 for the. loan for the Louisiana home, my clients request the payment of the $17,607.00 within thirty (30) days. SH/bth cc: Timmy and Tassia Thimis Very truly yours, June 14, 2012 Steven Howell Howell Law Firm 619 Bodge Street New Cumberland, PA 17070 Mr. Howell, Per our phone conversation of June 8, 2012, you asked me to respond to you by June 1S, 2012. After careful review, we dispute the figures as presented. We Would also remind you that this remains a joint business venture and we rewest full disclosure as to the tenant status for 6393 Stephens Crossing and the location and balance of the missing joint cheddng account funds that were previously in our account at Members V bank. We WID continue to work toward an amicable agreement. All fukure communications should be directed to the counsel we have retained. Her contact information is: Triad Naylor 19 W. South Street #1 Carlisle, PA 17013-3444 717-$49-6873 Sincerely, Nick and Tanya Thimis HOWELL LAW FIRM 619 Bridge Street, New Cumbefland, Petlnsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 **** VIA FAX 249-5755 **** July 3, 2012 Tricia', D. Naylor, Esquire Baric Scherer LLC 19 W$st South Street Carlisle, PA 17013 RE: Thimis Rental Property and Loan Dear Tricia: As a follow up to our conversation late Friday, June 291h, I enclose a draft Escrow and Maintenance Agreement along the lines we discussed. With regard to the $30,000.00 loan my clients made to your clients so they could purchase the Louisiana home, the monthly payment of $1,000.00 for the remaining $26,060.00 must commence immediately. There was no payment for June 2012 or July 2012. Please let me know by July 15`h when the $2,000.00 is going to be paid. Very truly yours, SH/bth Enclosure cc: Timmy and Tassia Thimis (w/encl.) Esquire 0 0 ESCROW AND MAINTENANCE AGREEMENT AND NOW, this day of July 2012 TIMMY and TASSIA THIMIS (OWNERS) and NICHOLAS And TANYA THIMIS (CO-OWNERS) who own 6393 Stephens Crossing, Mechanicsburg, Pennsylvania as joint tenants with right of survivorship hereby covenant and agree as follows in exchange for $1.00 and other good and valuable consideration: 1. The parties agree to list the property with ReMax for a listing price of $ at % sales commission subject to the specific terms and conditions set forth in the listing contract. The parties agree to cooperate with the listing broker in regard to all showings and recommendations to effectively market the property. 2. The parties agree that at closing the sale's proceeds shall be used to pay in full any existing mortgages, liens, taxes, municipal assessments, utilities, sewer, water, trash and any other item that would preclude the transfer of good and marketable title to the buyer/s. If the parties do not agree otherwise prior to closing, any other net proceeds from the sale of the home shall be held in an escrow account in the name of Steven Howell, Esquire and Tricia Nailor, Esquire as Escrow Agents for Timmy and Tassia Thimis and Nicholas and Tanya Thimis. Any interest on the account shall be divided equally and one half (1/2) shall be reported to the Internal Revenue Service and any other taxing authority as taxable income on behalf of each couple. The account statements shall be made available to both counsel as escrow agents. 4. The parties agree that each month they shall contribute one half (%Z) of the following charges: $790.40 (mortgage); $125.00 (condominium association fee); and $51.68 (quarterly garbage/sewer bill is $155.04 - 3). This payment shall be due from Nicholas and Tanya Thimis to Timmy and Tassia Thimis and deposited into the property management account on or before the 21st of each month preceding the 1St of the month when the mortgage payment is due. The first payment of $483.54 ($967.08 . 2) for the month of July 2012 is due immediately from Nicholas and Tanya Thimis. The next payment of $483.54 shall be due on or before July 21St for the month of August 2012. Each month Timmy and Tassia Thimis shall provide Nicholas and Tanya Thimis a copy of the property maintenance account showing that the mortgage, condominium association fees and quarterly sewer/garbage fees were paid each month for the expenses outlined in Paragraph 4. 6. After payment of any additional invoices or bills for the property such as electricity, water, routine maintenance, special assessments from the Homeowners' Association, and yearly insurance premiums, Timmy and Tassia Thimis shall provide the paid invoices and bills to Nicholas and Tanya Thimis and within fourteen (14) days they shall then reimburse Timmy and Tassia Thimis with one half (1 /2) of the invoice/bill for other additional expenses including but not limited to electricity, water, routine maintenance, special assessments and yearly insurance premiums. 7. The rental account's last three monthly statements are attached to this Agreement as Exhibit "A". With the return of the security deposit of $1,350.00 to the last tenant, there shall remain a balance of $1,987.44 in the account. This account shall be used to pay the expenses outlined in Paragraph 6 (electricity, routine maintenance, special assessments, yearly insurance premiums, water and the like) but the parties agree that $1,000.00 of the $1,987.44 shall remain as a minimum account balance and may only be spent for an extraordinary expenses such as a major plumbing or heating failure or anuninsured property loss. The parties release the escrow agents from all liability in the management of the escrow account so long as the funds are placed in a federally insured account and any withdrawals require both escrow agents' signatures. 9. Nicholas and Tanya Thimis shall provide within ten (10) days the name and address of the tenant who has vacated the property so his security deposit can be returned. Timmy and Tassia Thimis do not have a completed copy of the last lease arranged by Nicholas and Tanya Thimis. Bye: By: Timmy Thimis Tassia Thimis Date: Date: By: By: Nicholas Thimis Tanya Thimis Dote: Date: TRANSMISSION VERIFICATION REPORT TIME 07/03/2012 09:08 NAME HOWELL LAW FIRM FAX 7177701278 TEL SER.## 000A6J528632 DATEJIME 07/03 09:07 FAX Ab. /NAMIE 2495755 S 0:00:57 ) PAGE( 0 RESULT OK MODE STANDARD ECM HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 **** VIA FAX 249-5755 **** July 3, 2012 Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 RE: Thimis Rental Property and Loan Dear Tricia: I have enclosed a revised agreement including the monthly statements reflecting the corrected balance for the rental account. Please disregard the fax sent earlier this morning with the prior draft. S H/bth Enclosure cc: Timmy and Tassia Thimis (w/encl.) Very truly yours, 0 ESCROW AND MAINTENANCE AGREEMENT AND NOW, this day of July 2012 TIMMY and TASSIA THIMIS (OWNERS) and NICHOLAS And TANYA THIMIS (CO-OWNERS) who own 6393 Stephens Crossing, Mechanicsburg, Pennsylvania as joint tenants with right of survivorship hereby covenant and agree as follows in exchange for $1.00 and other good and valuable consideration: The parties agree to list the property with ReMax for a listing price of $167,500.00 at 6.0 % sales commission subject to the specific terms and conditions set forth in the listing contract. The parties agree to cooperate with the listing broker in regard to all showings and recommendations to effectively market the property. 2. The parties agree that at closing the sale's proceeds shall be used to pay in full any existing mortgages, liens, taxes, municipal assessments, utilities, sewer, water, trash and any other item that would preclude the transfer of good and marketable title to the buyer/s. If the parties do not agree otherwise prior to closing, any other net proceeds from the sale of the home shall be held in an escrow account in the name of Steven Howell, Esquire and Tricia Nailor, Esquire as Escrow Agents for Timmy and Tassia Thimis and Nicholas and Tanya Thimis. Any interest on the account shall be divided equally and one half (1/2) shall be reported to the Internal Revenue Service and any other taxing authority as taxable income on behalf of each couple. The account statements shall be made available to both counsel as escrow agents. 4. The parties agree that each month they shall contribute one half (%Z) of the following charges: $790.40 (mortgage); $125.00 (condominium association fee); and $51.68 (quarterly garbage/sewer bill is $155.04 . 3). This payment shall be due from Nicholas and Tanya Thimis to Timmy and Tassia Thimis and deposited into the property management account on or before the 21't of each month preceding the 1 st of the month when the mortgage payment is due. The first payment of $483.54 ($967.08 . 2) for the month of July 2012 is due immediately from Nicholas and Tanya Thimis. The next payment of $483.54 shall be due on or before July 21 st for the month of August 2012. Each month Timmy and Tassia Thimis shall provide Nicholas and Tanya Thimis a copy of the property maintenance account showing that the mortgage, condominium association fees and quarterly sewer/garbage fees were paid each month for the expenses outlined in Paragraph 4. 6. After payment of any additional invoices or bills for the property such as electricity, water, routine maintenance, special assessments from the Homeowners' Association, and yearly insurance premiums, Timmy and Tassia Thimis shall provide the paid invoices and bills to Nicholas and Tanya Thimis and within fourteen (14) days they shall then reimburse Timmy and Tassia Thimis with one half (1/2) of the invoice/bill for other additional expenses including but not limited to electricity, water, routine maintenance, special assessments and yearly insurance premiums. 7. The rental account's last three monthly statements are attached to this Agreement as Exhibit "A". With the return of the security deposit of $1,350.00 to the last tenant, there shall remain a balance of $1,289.12 in the account. This account shall be used to pay the expenses outlined in Paragraph 6 (electricity, routine maintenance, special assessments, yearly insurance premiums, water and the like) but the parties agree that $1,000.00 of the $1,289.12 shall remain as a minimum account balance and may only be spent for an extraordinary expenses such as a major plumbing or heating failure or an uninsured property loss. 8. The parties release the escrow agents from all liability in the management of the escrow account so long as the funds are placed in a federally insured account and any withdrawals require both escrow agents' signatures. 9. Nicholas and Tanya Thimis shall provide within ten (10) days the name and address of the tenant who has vacated the property so his security deposit can be returned. Timmy and Tassia Thimis do not have a completed copy of the last lease arranged by Nicholas and Tanya Thimis. By: By: Timmy Thimis Tassia Thimis Date: Date: By: Date: Nicholas Thimis By: Date: Tanya Thimis Slit FEDERAL c lrorr N spom o P re, Ply 17065 MWn .N .1wwf Yi (M) 203- E2 Can: (717) 897-4372 or (800) 2854372 TDO; (717) 697-5912 or (M) 283 998 ext. $312 ToWlSonch; (800) 237-7288 *tatement of Accounts May 25, 2012 fihru Jun 24, 2012 Account Number: Balances at a Glance: Checking : Savings: Certificates : Loans: Money Management: Swipe 5 YTD Reward: In?fftrrlflf?u,t,lrit?rurlrlerliu14a11?r1Nn a, .W","II TIM G tHIMIS TASSI THIMIS 8389 S HENS XING ME ICSBURG RA 17050 Your current Member Loyalty Rewards level is Titanium. Go Vftn with e89411ennontal See the erticsod Insert for more deftft. (;HECMG ACCOUNTS 0011 - CHECK" -'" ruwaYp may 31 DOp sit biv(dsnd 0.1009'0 Ba?tsd 00 AWN 00 chary 6tieisrkas of 9, 3W. 34 Jun 001 Dep"it 4 CheeO 008107 Tr Jun Tracer 0002552461 Just 12 C ecl 000108 Tracer 0001125371 An IN CHECK SUMMARY Page: s 3,709.25 25.00 0.00 0.00 0.00 0.00 1 of 2 0.29 304.96 1,350.00 4,624.66 790.40- 3,834.25 125.00- 3,709.26 3,709.25 000107 790.40 Jun 04 000106 125.00 Jun 12 2 OW01 t CNsrad &r .9 S.41' SAV S ACCOUNTS 0000 - REGlH,11R $AVWW „&0 24 End 0.00 --- ConQFWW on !al OW10V page -. - PA 17055 4K.Ot$ ; Main Swfichboaidc f800) 283-2$28 EZ calla (717) 8974372 or (800) 2534372 TDD: (717) 887.5312 or (800) 283.2328 ". 5312 Te%Branch: (WM 237-7288 pa eo: OM I6t TIM G sill of 11111 111111111 11111 111411 [till J. III KING G PA 17050 dement of Accounts Apr 25, 2012 thru May 24, 2012 Account Number: Balances at a Glance : Checking : 3,274.36 Savings : 25.00 Certificates : 0.00 Loans : 0.00 Money Management: 0.00 Swipe 5 YTD Reward : 0.00 Page : 1 of 2 Your current Member Loyalty Rewards level is titanium. Want to eam some extra cash? Take advwd ge of our CASH4U r+M'erral program. Ask an associate for details. CHECKING ACCOUNTS 0011 - CHECKWG Apr 30 Depoa? D Vki bnd 0.100% 0.23 z:830:78 *MW Pelaarr ft* I'*0 Es MW A. 90 ft m 04101/MV ftwo 04?M12012 aft on Awa p OW A*nm of 2, 839.72 May 01 DOPOSit by check 9,360.00 4,169.76 huy 02 Check' 0 DIM Tracer' 0001301904 ? 790.40- 3,309.36 May 16 Check ''W01W Tracer 0001214355 ? 125.00- 3,274.36 Aby 24 Ermo9 ammo 3,274.35 CHECK SUMMARY OWL # Amwt -- Dais Chmok a# Amount Dal1e 000105 790.40 May 02 000106 125.00 May 18 2 OWft Oomw for 915.40 SAVINGS ACCOUNTS 0000 - REWA AR SA iS Aby X ,g 26.00 0006- Mfll;Y NI=DEMENT W 24 Ew tg 0.00 -- Corlanued on foikm*V page --- Z SEERS lot ?+ro, PA 1706a wNw.nwrtirosrstst.oF+a Man 9wftohb - -- j800)202= EZ Car,: (717) 887.4372 or (800) 283.4372 TOP: (717) 697.5312 or (800) 263-2326 at 5312 T*I98 anch: (900) 237-72M I?liloll Ilist IIIll?r?1111111111144111 XING G PA 17050 otatement of Accounts Mar 25, 2012 thru Apr 24, 2012 Account Number: i Balances at a Glance: ... Checking : 2,839.53 Savings : 25.00 Certificates: 0.00 Loans: 0.00 Money Management: 0.00 Swipe 5 YTD Reward : 0.00 Page : 1 of 2 Your current Member Loyalty Rewa Ms level is Titanium. We've mace our website easier to usol 3 tfte-onctosed insert for more detafls. CFCG ACCOUNTS 8011- CHEC1kWG - 2,404.93 Apr 03 by Check M. 00 3,754.03 Apt- (3 C 000103 Tracer 0001207744 M.40- 2,964.53 Apr 10 C ack 000104 Tracer 0001227904 126.04- 2,838.99 Apr 2/ Slab" 2,838.99 CHECK SUMMARY 2mak - 8 fount Q* AWLMt Do* 000103 790.40 Apr 03 000104 125.00 Apr 10 ? ChwdAr916.40 SAVINGS 'ACCOUNTS 0080 - REt3UtJi1R SAVINGS owe --immoft-ossorb6on Aber 25 26.00 Apr ?4 26.00 0005 - MONEY MMAasmruT Continued on foNewing pW r0TAk DIVID"iDS PAID 0000 RE G" SAVINGS 0.00 TRANSMISSION VERIFICATION REPORT TIME : 07/03/2012 15:10 NAME : HOWELL LAW FIRM FAX : 7177701278 TEL SER.# 000A6J528632 DATE'TIME 07/03 15:08 FAX ./NAME 2495755 ON :01:54 PAGE S) 06 RESULT MODE' OK STANDARD ECM 0 0 HOWELL ]LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 **** VIA FAX 249-5755 **** July 10, 2012 Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 RE: Thimis Rental Property and Loan Dear Tricia: I had my clients review the payment history on the $30,000.00 loan and your clients Imade payments of $1,000.00 for January 2012, February 2012, March 2012 and April 2012. Therefore, $26,000.00 remains due but the payments for Mhy 2012, June 2012 and now July 2012 are delinquent. The $3,000.00 delinquency must be cured and please let me know by July 15th when the $3,000.00 is going to be paid. The security deposit has been mailed to the tenant after Tanya Thimis provided the address on July 6, 2012. One final note, Timmy and Tassia Thimis have asked me to inform lyou that they do not wish to receive any telephone calls from Nick or Tanya Thimis'. Apparently Tanya telephoned on July 7th demanding to know why the tenant's security deposit check had not been issued when the address only arrived via the mail on July 6t from Tanya and Nick. SH/bth Enclosure cc: Timmy and Tassia Thimis (w/encl.) Very truly yours, TRANSMISSION VERIFICATION REPORT TIME : 07/10/2012 08:50 NAME : HOWELL LAW FIRM FAX : 7177701278 TEL SER.# 000A6J528632 DATE TIME 07/10 08:50 FAX /NAME 2495755 DURA ION 00:00:22 PAGE 01 RESULT OK MODE STANDARD ECM CIII lLI Zb1L ll: dd BARIC Attorneys at Law II I'L4y4 SCHERER LLC David A. Bark Michael A. 9dwer Bret P. 19 West South Street or Tricia DZr Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 - Fax dbaric®baricadwer.com July 12, 2012 VIA &U MILE ONLY TO (717)770-1278 Steven Howell, Esquire Howell Law Firm 619 Bridge ?treet New Cumberland, Pennsylvania 17070 Dear Steven: flAut bl I have reviewed the Escrow and Maintenance Agreement along with the bank statements that You provided. 14ve a few changes to be made to the agreement. Please email the agreement in Word format, so that T may make the changes. 1 will track my changes, so that you can review it easily. Please provide me with a copy of the most romt mortgage statement for this property. Also, T am not able to reconcile the balance that is in the new account against the previous account. Attached is the Febmary 24, 2012 bank ent for account no. 214672. Please have your clients provide documentation and an explanation for the amo is withdrawn from the account in February 2012 ($2,000 and 53,009.99). Please also provide copies of the new account statement from its beginning deposit. T w uld also like documentation and an explanation for other amounts withdrawn from and deposited to account no. 214672. The amounts that 1 am refinn'ing to are circled on the att shed bank statements from December 24, 2009, February 24, 2010, March 24, 2010 and June 24, 2010. Once we have this documentation, we will be able to enter the correct amount into the agreement. Very truly yours, uts5 0 B C S UR, T ' is D. TDNIar cc: File Nicholas and Tanya Thimis HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 **** VIA FAX 249-5755 **** July 13, 2012 Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 RE: Thimis Rental Property and Loan Dear Tricia: In response to your fax of July 12'', the letter did not include the enclosure referenced in Paragraph 2 (2/24/12 Statement for Account xxx672). Please forward this document and I will send it to my clients. As to your inquiry I have asked my clients to provide: (1) most recent mortgage statement; (2) copies of the new account from its inception; and (3) the nature of the alleged withdrawals of $2,000.00 and $3,009.99 in February 2012. With regard to the Escrow Agreement, please send me the proposed revisions and I will roview them. I do not like to send documents via email because of the numerous security breaches that are possible not to mention meta data and the like. I realize this puts me in the "Luddite" camp, but my office computers are free from the problems that plague other lawyers and we have no meta data issues. Finally, while the rental account issues are sorted out there is still no excuse to the contin?ed non-payment of the $1,000.00 due for May, June and July 2012. There are sufficient funds in the equity of the home to take care of any concern by your clients but the regular payments must resume with the arrears brought current. Will you accept service'I f a complaint should this problem continue to fester beyond July 200'? Very truly yours, SH/bth cc: Timmy and Tassia Thimis (w/encl.) even Howell, Esquire TRANSMISSION VERIFICATION REPORT TIME 07/13/2012 12:03 NAME HOWELL LAW FIRM FAX 7177701278 TEL SER.# 000A6J528632 DATE, IME 07/13 12:03 FAX /NAME 2495755 DT{ 00:00:24 P 01 RESUL O K MODE STANDARD ECM GfI 13I tG1L 113:13 BARIC Attorneys at Law fIfL4=14 SCHERER LLC David A. Bark Michad A. Qeherer r Thda D. VIOr Bret P. $ YJ°- UI7J 19 West South Street Carlisle, Prruteylvania 17013 (717) 249-6873 (717) 249-5755 - Pax dba dcobariescherer.com July 13, 2012 (7171 Steven Howell, Esquire Howell Law (Firm 619 Bridge Street New Cumbesiland, Pennsylvania 17070 FOR SETTIAMM EUM Y Dew Steven: rHVG U/ I was informed by my client, Nicholas Thimis, that he had spoken with his parents and they if&rm0d him they did not wish to breads all contact with him and did not direct you to make such reprosentwtion. Your clients also infortneo Nicholas Thimis tbat they wished to list the townhome for sale for throe months and divide the proceeds of the sale equally with my clients. If the property was not under contract by the and of the three month listing period, the parties, by mutual agreement, would decide whether or not to continue the sale listing or seek renters for the properly. Plea discuss this matter with Timmy and Tassia Thimis and send me a revised escrow and maintenance agreement ritlecting their wishes. Duel, to the previous representations made by you to my clients, they are not cwnfortable with resuming payments under the loan until a written agreement regarding the distribution of townhome proceeds is executed by the parties. In the meantime, my clients will be placing $1,000 per month in escrow with me for loan repayment. As requested, attached are the statements that I referred to in my previous letter to you. TDN/ar Enclosures cc: File Nicholas and Tanya Thimis very truly yours, b /I1 i11b'1'1? 1ti: 13 11 /149E- 11.08,2012 01:20 kbl 6 1?.?.MSE?t5 ibL FFi)i?R?Lt2tEn T IJN111N UB5 H AC*- t?d Send Irmo:el to: S00 LOW" Orlva ?Oeox u Imabanlap" PA 17986 wwa msmberviaLoeo Meat ewMehboard: 1717) 987.1161 a (800) 292.2328 a Call: (717) 097.4M or (00) 283.1372 TOLL, i? 17160.012 or (800) 285-M 0, $212 ioberenrn It 171789.8046 or (800) 23T•7180 TIMa THIMIS 6MO STEPHENS CROSSING ME HANICSSURC RA 170.50 PAGE. 1 / 5 Statement of ACcOU11% Nov 25, 2009 thru Dec 24, 2f E, Account Number: 2146';? 11361mril s at a Wanes: Checking; 8,471.04 Savings: 26.00 cwt t mes: 0 00 Loans: 0.00 Mormy Mermgelcrrent: 0 00 Swipe 5 YTD Reward: 0 00 -'?T71 ?R I Cl A M 14 _0 ? Pais: 1 of t r J` Your current M embsr Loy*" Ramtds W"I I* Tiwmium- 10094WT s are not incluOW In Oft Watment It you earned at 1Ns>rs =14 to dividends on your a*ccoant lkw 2W you *t ?IMvo-ygoWr i*&W In • matang in oars} January 2010. '54194 + T Fr1fomw*ft "10* be a Membem 1st Online early in January. sr?w.ar;•tae:aleee'aae7r •.ac,•v-!^ : ' ..._ - - --.;s-cam . ? . CHS KING ACCOUNTS 0011 - CHECKING _ e?'L?llkCpQt10?...__- ? -._ ,.._. .. AddiWMt,,, Nov 20 aa4Wa kerward - C110f1s__ ?a?b?!Klt? - 9 fT K8 Jolit Owner: NIGHC LAS T THIMIS Nov 30 Cntok mo,,ise'rracer01)13W767 1,282,2& 7,848 29 ftraasood C-iock • WFHM MORTOW rYP>;: r,.HF.,f KPAYMT 10: 770804034 Nov 30 D"It OivklW 0 100°x, 0.70 7,W 114 AnrwW lpw+cwrtapn Yield Emned 0.100% ?rorll 11M MM dnwgh 11/JO/2009 ltaaad oh Ava>I?a Deify e? of 9,090, 11 eck t?,__ wlttMrOM? 04 X14 7 , cc 1!3 Tr(ir or 0401 ?.13198 6 1 0,o7i Yf Dec 24 C.a tg 14.rle160 8,.• 7 t ,fie CHECK SUMMARY nd&h - --1 .2288'1a 9 - ..... - --._.. +?? 00 ? .. _ . do, 2 Chooks CJeramd for f, 407, 2e ? SAVINGS ACCOUNTS 0000 - 'REGULAR SAVINGS T l+ t ll?n . - ?. aliheraablana ...w ..._.?+molp Nov 2 Sam" # Awwar+d .. 25 00 Joint t'lwnar: NIGH AAO. 7 THIMIS Flat 24 hmft BWancer 26 00 YTDI SUMMARIES TOMAL bNWNDS Palo 0000 RIMU1.AR 1AINGS 0,00 - -- Contlnuad on folk"o me... 1 07/13/2012 18:13 717249F4 :11 .03.2012 01 :r 1 PA MEMB151?'1• I! ?s 1),r !l11fiRAL GA,w1t1N OBS SBr>tl ilqums 10. 6000 I.oule. Orlw VO &4t 40 Mbehard0wrp. PA 17068 www.m Wm*f&1I&tW+ Wn Swuchbe0rdc (7171607.11Bt ot(000)203.23n UZ Con: (ti t) 89TA01 at (600) 2la-0'+2 'I'M (1171687-5312 or (680)109.2:128 W, 5312 T4128:0nah• (7171705.0649 or(6001257.7W TIM f31 HIMIO ' STF.PHEKS CROS31NU Mi HA-41CSSURG -A 1705) PAGE 04 PAGF; ?/ 5 Statement of A(• Jan 25, 2010 thr Account Numb. Imam" at a Olanam: Checking: e,. savh 8: 2b. Carmiceltes, 0,10 Lo$ns: 0.110 Money Mian"Went: 0, w Swipe 5 YM Reward: 0..10 peg*: 1 of ; Your nurr+ent Member Loyalty rewards laVal Is Titan{um. mmt to lire somq o0m cash? Tska a? of our CASWU r&FW M FIM11ram. Ask an s"odsta for dfails. ?-gA,RmYr?-,}?.??±aa- :a•.s n.r-•, :sac:--•.:.?lr-.??Y•-K- :sZ?'?.:i_^T.-arr..ars .•s:. ..., CHECKING ACCOUNTS 0011- CHECKM IQ TC S•! ftWpnp? .... ..._...... ._..,_.......,...._.. __... Jan a Adho PbtW&rd .,)Irt Owner( NICHOLAS T THIMIS Ian 28 Check 0001?2 1'rat*i 0012289123 Pmee:sed C.'&-.ck - WFHM MORTWE TYPE CHFOWAYMT 10:770AW134 Ian 31 Depoeft ONklend 0, 10U°h AnmW P*mnfge V Wa fwm d 0.100%, Aram 04/1D IX16 through 09/31!9010 Se"d 00 Av*rW 0011y JWvnm of 7, 254-34 X01 vY $? =IFTT '-r!I 73 Tram' OOOlCM46 reb 24 ErW aq Bolamv? CKKOK SUMMARY 1. $2 1,7$2, M $,t11 ;'8 0.02 5,712 1a 1r3i0.00 1,0U. 18 0.t .1 a 1 0,257 18 8,237 1s 372 .• 1.T$2 .^.r.; Jan 28 _ .._?...., 125. 'rob :7 2 Cheohd C1*&red for 1,1107.28 .?. _.__ __ .' Wiz- _ - -? r•emma-r. ... M•Y_•Ytlt.._. sAV ING3 ACCOUNTS 8000• REGULAR SAVR409 Q.?t._..,,..__ )siPtlor •---_?... .....,................ AnilSliente ?- _ ?, ??l1s+ Ja 20 rward ; 5 , UV Joint Owner. NICHOLAS THIMIS ?r,nn +4b P4 Rndbq mMfwnaol - ?:?c?'+-• ? ...?-. .rte.. 11 i L OUMMARIES TOTAL Q1 MM03 MID WOD H&JUL,AR SAVltdCb 0. DO ••. Continued on following page ••- b//1;ir1b11 1tf; 1:i 11 1149 10 '11.08.2.01.i 01,21 PM I m u s MBff ADAM, CR VNAON UtiS rout na PAGE ; / 5 lend 1, S qu'Rtn 0cSO uwlie o. ISO box 40 M60ar 01wrp, M 11"2 aww, "m%berel4wq MWn *MfAfftprd: (747) $97.1161 fir (000) ?A0.232$ 0Z cee: (717) $974372 of MM 2004372 Im (7 17107-G1t2 of (IN) 2884M ML $02 tMnts en M+ ('171798 9 fir (000) 737.72II0 Steiterttent of Accounts Feb 25, 2010 thru Mar 24, 20:0 Acaouet Number: 214872 Bawmeas at a alw oi: Checking: 8, W .40 Savings. 2s.ao CertiScates: o . so Loans: 0.00 Money Managomsnt: 0100 Swipe 5 YM Reward: 0.00 1 EPH TIM 93?i i I HIMMN3 CROSSING ME HAN)CS9UR0 PA 17050 Page; 1 of 2 Your current Member Loyalty Rewards level is Titanium, We have once andinp*rtnarod with Cafflib Evwis to ptnvtda you with a 2if10 VIP PMI YOM tree pane to awned. iVM KID ACCOUNTS 0011- OWNCKING S b 20 rd 8 IWIR" o Me, Rarwa ,23 r' 19 Joint Owrrtar: NICHOLAS f THIMIS Fob 2$ Depait D vIond o 100% 0.49 6,.37 46 Aartad Yf*AO Examd 0.100% from 0"IM010 0"Welr 02r2dltaf0 Rave11 Avwep Wl y Dttanaa of d, Sate, 91 Mar 41 Check 000374 Tracer OA16400913 792.26^ 51,53 to Pmtssacl Ched, - wFHM MORTGA09 ]YEL- 0H9r:KPAYMT ID; 7708044134 0 04 Wkhdtsv*il 13yg Z ('001200018 ?. 4'.W . 40 , 0 ra :vi 4,690. +? Mar 1g Dopeeit by Chuck 1,350.90 0' -sc 40 Mar 24 Endmg ao m Go 0,190 40 NECK SUWMRY AMRujjL 782.26 Ma e Z CRacks Cfda?wd for 907.28 .i.?•L?T' ?C?..iit.ii ' :.! ?i'?YT!?T..'Ll .. S. SA 10S ACCOUNTS 4400 ? REGULAR SAVINQF' ?!1lpt?o>L?..,,?.._.....-? ..- - Addglans- 1s14et1s,?.??wl? 2 aAhOr 2'i . 00 Joint OwrW* NICHOLAS T THIMIS AW 24 »y a4+uince 25.00 YT6 SU1AMAMES TPTAL DIVIDENDS PAW OR REGI 11-AR SAVINGS 0100 ... ConNnuad on MI(owing pogo..,. 07/13/2012 -18:13 717249E x,1..0°.2012 ()1:21 Phi St p .s 111( hSl7t;itACgt TI NlUN OBS Send IrAwles (.n• MW Lato.¦ Oft4 PO ew o lj@6&"sCw Wf% FA 17486 wwwmM h*M4st.ore Mniit awhcnnor,rd? (71 ?}807-14et or 1600) s?-1320 ez c.l(.: (717) 0974= w (Soot 21144672 sob; (.717) 697.11312 or (mil 283-M 4os.6312 ,iowerandr (717)706-WOOr(600)237-7288 PAGE 06 PAGE- : / 5 Statement of Accounts May 26, 2010 thru Jun 24, 2010 Aooeount Number, 214612 Balances at a Glance; Chw*lny; 5,11M.24 g: 25.00 car"Ostes: 0.00 Loans: 0.00 Money Management, 0.00 Swipe 6 yTD Reward: 0.00 pwp: 1 of TIM G THIMIS $TrrHENS CROSSING ME .HANIC08(tRG PA 170:+0 Your currant Member LOVORY Rewards I" is'TRanlum. Weve made it eeaier for you to manelp your powunts ononel Soo the enclosed lnsert for mitre dstaiis. C 1E G ACCOUNTS 0014 - CHE00140 w _ ..... T!+N}en pllcLr+ . _A!taDll?f(?.. _!?!" __.. ,.........._.......... 7,p48.88 May 25 9ohms F"wd Joins Owne1 • N10HO:.AS 1 'THIMIS "Any 26 Cock 60033 rrxet4r WIFWA02 08.11• 6,9!x0.17 Prooeswrd Check • WFHM MORTGAGE I YPE; CHECKPK(MT IA. 7708044134 May 28 Check 000381 Tram, 001 Reeme M. Z8 6,2'> • !1 PW-06 sd Chsak • WFHM MORTGAGE TYPO; CHEC PAYMT ID: 7708044134 May 11 Deposit Dividend 0. 100% 0.88 6,218.29 AMW amt's V%W Effrfsrl 0. 100% frvnr 0"112010 through 031/2010 W IsncN of S, 876.03 790.046,91.20 un 1 F-?- 382 • raver 0001189285 125.90• 6,793.20 Jun 18 Cha(:k 000393 Tracer 00148354332 985.95 A,81A. 24 Proc!mw.i Ct!w* • WFHM MORTGAGE TYPE: CHECKPAYMT ID; 7708044134 Jun 24 Endktp 90furtrie 5,870. 24 CHECK SUMMARY Dale Amount _ 44 ;;un 000 -:, . P ; play 28 -- ?........_.....__... 0 126, -- :: 000381 782., etx May 28 p00383 985.05 Jun 4 Checks Cleared for 1, 061.22 SAONOS ACCOUNTS 0000 . REGULAR SAVINGS Date . 4a? .. _ .,. ... ,...? .._. _ Dal"" Afiry ?+??ewe p ? to no Joint Owner. NICHOLAS T THIMIS Jun 2s Ending Be isnae 25 tM --- Continued on felbwing.page... 07/13/2012 18:13 71724954 01:21 ECM ;1.0S. 2012 e M.EMBE?S 1" ? t 116t•,At.C1tBDt UM1t(lN OBS *twd inqufts t0: 500 Lout" nrivn PO ISM 40 NHcha tcfburg, PA 17088 W W W mr m1welst.ord MoIn O,M2 06nd: (71T) 6f7.11a1 at (640) 283-2326 e: goN (717) "1-4372 a ON) 2634572 TD01 :717) 697.9212 at (600126$-23?- att. $012 ?4earench• (717)795.6049 or (WI 237.7280 F'ta(at Of Statement of Aoaounts Jan 25, 2012 thru Feb 24, 201? Account Number, 2146712 DalanCos at a Glance: Checking: 48.40- Savingg: 3100 Cet"emes; 0.00 Loans. 0100 Money Management: 0.00 Swipe 5 YT© Reward: 0.00 Papa: 1 of 2 TIM THIMIS W STIIPMENS CROSSING C ANiossuRG r'A 1705! Yoter current Member Loyalty Rewards level is Manim. Are you always on the 907 Qet our moaiia bw k -% aqp WWI See the enak eed Insert for more fta G, CHECKING ACCOUNTS 00i 1- CHECKNO ado_ .. - M0.41L r'pP0N. An-?6 Wi1r1JIOe Porwom Joint Owner; NICHOLAS T THIMIS J,+n 31 Dtrpo.4 Ghrm A p. 10046 0.30 4,568 , A!. Annual Poroentaye VWftrnod 0. 100% from Of/01012 thmah 01AM012 loved enlA~ D&Oy aektnoe of A, $89.92 Feb 01 Deposit by Chee1. cab 01 Witf*Wel F * 01 WItIvIrswal Transfer To THIMIS.TIM G kXXXXXXXXX Share 0011 Fat= 02 Cilack 000415 Tracer 000'293089 Fob 22 Cnecu 00041b I'racar 00011t>9M96 Fob 22 Wthilrewnl CuU11my Pay fy9 Fob 24 Errdino a almice TON( for TOM Ws pe"Od Y"f''to-data Total Overdraft Fees _-33.00 33.00 T NSF Fees - ~~ 0100 0.00 1130.00 5,906.88 3,006.88 9-10.00 700,40- 10SA, 60 1213.00• It'. 411- 33.00• 4t. 40. 41. 410. Check N CHECK SUMMARY 030441' - t). 40 - -reb 02 ROOM— Oil FAb 2; • •. 2 Chat" Ckored for 610.4(0 • - - continued en fallowing pap... 0 10 HOWELL ]LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 * * * * VIA FAX 249-5755 July 18, 2012 Tricia D. Naylor, Esquire Baric Scherer LLC 19 WeOt South Street Carlislle, PA 17013 RE: Thimis Rental Property and Loan Dear Tricia: In response to your letter of July 1P, I enclose a handwritten note by my clients which 'should make it perfectly clear that no contact is desired until the pending matters are resolved. I expect your client and his wife to respect this request. I am not going to alter the Escrow and Maintenance Agreement along the lines suggested by Nick Thimis. So that there is no confusion on your client's part, I am not confid nt in his veracity. I am fully aware of his criminal history which includes pleas of nolo contendere to Theft by Unlawful Taking (M2) and Recklessly Endangering another Personj(M2) which resolved a twenty one (21) count criminal complaint filed on January 29, 2004 in Chester County when he was 48 years old. His charges included aggravated assault simple assault, robbery (F 1 and F2), receiving stolen property, theft by unlawful taking, (reckless endangerment, and a host of other crimes. I enclose a copy of the docket sheet f6r your file. Therefore, I do not place much stock in what your client represents to be an agreement. As for the missed loan payment, Nick Thimis either makes the payments including the defaulted payments to my client or a lawsuit will be filed. Escrowing is not an option. If they refuse to sign the Escrow and Maintenance Agreement then a partition action shall be filed. SH/bth cc: Timmy and Tassia Thimis (w/encl.) Very truly yours, TRANSMISSION VERIFICATION REPORT TIME : 07/18/2012 10:54 NAME : HOWELL LAW FIRM FAX : 7177701278 TEL SER.# 000A6J528632 DATE DIME 07/18 10:50 FAX NO /NAME 2495755 ION 00:04:02 DURAT 09 L T MO O C I S T ANDARD ECM s ,* Dv / X ago/ 2- ,l, c- k ?/ TN yA 7;;11..*n Is Rec ?'`• `? fib ?/S iG'? ?ls' /11 rL, o o r. Y ? 1 }?w Lc• h??? ? Ti`ff's ?I? r''?`?,C' v/?' ? iw-r'?. a ?'??.? ??? Co?rnv???c?r Tiv?+?s /??v S T' ?'? 'T/''?eiGl? OUR t 4 t ' - " r R e ?5, we 1 * 7 ( , 4 v F L P O v O L) R +7-, ORAI ?'6A 4 's, Pa A' P T C.444, o R 749`4 y vs /lG:,Ai)v O v lr?L,, 12541 s tt -5 oA v A 7 y • 1 COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Number: M-15-CR4KNIO 63.2004 CRIMINAL DOCKET Court Case Judge Aaaiapo,: QM: H71008M Case Confinanient Known As Of 01/2912004 Chester F Darlington E Whitetand Twp Police Dept oe Number t Number Status Date 05/04/2004 Confinement IM County Jail Date Of Bifti1: Padkbant Tm Defendant Thimb, Nichol" Bail Action Set 1 1 01/05/1956 2& Data Filed: 02/06/2004 Initiation Date: 02/06/2004 Lower Court Docket No: CR-0000029-04 Final Issuing ALdhoriN: Chester F Darlington Arresting Officer: Stefenski, Stephen J. Case Local Number(s) 416453 CR-00563-2004 Praoessinn Status Migrated Final Disposition Destination Location Chester County Prison Arrest Date: 01/2912004 01/29/2004 Confinement Stitt in EWason Custody Yes Citv/StattalZfa: Green Bay, WI 54302 Name Thimis, Nicholas Bail Tyoe Percentaae Amoun 02/03/2004 Monetary 10.00% $50,000.00 Nebbis Statue: None 02/03/2004 Qmdt Statute F1 18 12702 §§A1 Statute Descri Ion Aggravated Assault Make Dt 01/29/2004 H7100800 2 2 M2 18 § 2701 §§A1 Simple Assault 01/29/2004 H7100800 AOPC 9M - Rev 07M IN2012 Printed: 07/1&2M2 Recent antries made in the court flWV offices may not be Ownedietely reflected on these docket shaft . Neither the courts of the UnHled Judicial System of the Commonwealth of Pennsylvania nor the Administrative Me of Pennsylvania Courts assume any Ilabiify for inaccurate or deWyed data, error or omissions on these reports. Docket Sheet information should not be used in piece of a criminal history bedWround check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Commonwealth of Pennsylvania Page 1 of 7 V. COURT OF COMMON PLEAS CHESTER COUNTY Docket Number: CP-15 CR-0000563-2004 CR1#NAL DOCKET Court Case Commonwealth of Pennsylvania Page 2 of 7 4 4 M2 18 § 2706 Recklessly Endangering Another Person 01/29/2004 H7100800 5 5 S 18 §2709 §§A1 Harassment - Subject Other to Physical 01/29/2004 H7100800 Contact 18 § 2709 §§A3 Harassment - Course of Conduct W/ No 01/29/2004 H7100800 Leoitimate Puroose 7 1813921 §§A Theft By Unlaw Taking-Movable Prop 01/2912004 H7100800 8 8 18 § 3921 §§A Theft By Unlaw Taking-Movable Prop 01/29!2004 H7100800 9 9 1813921 §§A Theft By Unlaw Taking-Movable Prop 01/29/2004 H7100800 10 10 18 § 3926 §§A Receiving Stolen Property 01/29/2004 H7100800 11 11 18 § 3925 §§A Receiving Stolen Property 01/29/2004 H7100800 12 12 18 § 3926 §§A Receiving Stolen Property 01/2942004 H7100800 13 13 F1 18 § 3701 §§A111 Robbery-Threat Immed Ser Injury 01/2912004 H7100800 14 14 F2 18 § 3701 §§A1 IV Robbery-Inflict Threat Imm Bod Inj 01/2912004 H7100800 15 15 18# 5803 f§A Disorderly Conduct 01/29/2004 H7100800 16 16 18 15503 §§A4 Disorder Conduct Hazardous/Physi Off 01/29/2004 H7100800 17 17 S 75 § 3714 Careless Driving 01/29/2004 H7100800 18 18 S 75 § 3736 §§A Reckless Driving 01/29/2004 H7100800 19 19 M1 75 § 3742 §§A Accidents Involving Death Or Personal 01/29/2004 H7100800 _ Injury 20 20 S 76 § 3744 §§A Fail Stop And Give Infor Render Aid 01/29/2004 H7100800 21 21 S 75 § 3746 §§A1 Fail To Not Police OfAccident\ Injury Or 01/29/2004 H7100800 Disposition Date Final Disposition Offense Disposition Grade Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date AOPC 9082 - Rev MN m V111CW"1z Recent "ea made in the court !ping offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania not the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed date, errors Or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Poke. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. 3 3 M2 18 § 2701 §§A3 Simple Assault 01/29/2004 H7100800 COURT OF COMMON PLEAS Of CHESTER COUNTY Docket Number: CP-154R41100563-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 3 of 7 V. Disp=ltion Date Final Disposition Ouse Disposition Grade Section Sentence Date Credit For Time Served Incarceratiot/Dimsiotarv Period Start Date 2 / Simple Assault 3 / Simple Assault 7 / Theft By Uri law Taking-Movable Prop 8 / Theft By Urtlaw Taking-Movable Prop 9 / Theft By Llolaw Taking-Movable Prop 10 / Receiving' Stolen Property 11 / Receiving (Stolen Property 12 / Receiving Stolen Property 15 / Disorderly LConduct 16 / Disorder Conduct Hazardous/Physi Off 19 / Accidents Involving Death Or Personal Injury Link Type 02/06/2004 Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Linked Docket Number Not Final M2 18§2701§§A1 M2 18§2701§§A3 18§3921§§A 18§3921§§A 18§3921§§A 18§3925§§A 18§3925§§A 18§3925§§A 18§W03§§A 18§5503§§A4 M1 75§3742§§A Wgnibd Dispositilon Migrated Dispositional Event 1 / AggravatedAssault 2 / Simple Assault 3 / Simple Assault 4 / Recklessly Endangering Another Person Migrated, Judge Financial Assessments Probation 05/04/2004 Nolle Prossed Nolle Prossed Nolle Prossed Nolo Contendere 05/04/2004 Final Disposition F1 18§2702§§A1 M2 18§2701§§A1 M2 18§2701§§A3 M2 18§2705 5 / Harassment - Subject Other to Physical Contact Nolle Prossed S 18§2709§§A1 6 / Harassment - Course of Conduct W/ No Nolle Prossed S 18§2709§§A3 Legitimate Purpose 7 / Theft By Unlaw Taking-Movable Prop Nolo Contendere 18§3921§§A Migrated, Judge 05/04/2004 Probation 8 / Theft By Unlaw Taking-Movable Prop Nolle Prossed 9 / Theft By UnWw Taking-Movable Prop Nolle Prossed AOPC 9082 - Rev 18§3921%A 18§3921§§A rnnm; Y1115rdul2 Recent entries made in the court Ming offices may not be Imrnadiately reflected on flew docket shaft. Neither the courts of the UniAed Judicial System of 0* Commonwenith of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors 4 omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which an only be provided by the Pennsylvania Stab Police. Moreover an employer who does not con" with the provisions of the ComkW History Record Information Act maybe subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Number: CP-I&CR-0000563-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. malfion Event on , Qla. Diversion PM=m Type Conditions Page 4 of 7 Disposition We Final D4pcsftion Offense Disposition Qmk Secfion Sentence Date Chit For Time Served Inceroeration/Diversionary Period start a& Li0 ked Offense - Sentence Link Type Link ed Docket Number 10 / Receiving Stolen Property Nolle Prossed 18§3925§§A 11 / Receiving) Stolen Property Nolle Prossed 18§3925§§A 12 / Receiving Stolen Property Nolle Prossed 18§3925§§A 13 / Robbery hreat Immed Ser Injury Nolle Prossed F1 18§3701§§A111 14 / Robbery-I nflict Threat Imm Bod Inj Nolle Prossed F2 18§3701§§A11V 15 / Disorderly Conduct Nolle Prossed 18§5503§§A 16 / Disorder Conduct Hazardous/Physi Off Nolle Prossed 18§5503§§A4 17 / Careless Driving Nolle Prossed S 75§3714 18 / Reckless Driving Nolle Prossed S 75§3736§§A 19 / Accdentsj Involving Death Or Personal Injury Nolle Prossed M1 75§3742§§A 20 / Fail Stop And Give infor Render Aid Nolle Prossed S 75§3744§§A 21 / Fail To No Police Of Accident\ Injury Or Death Nolle Prossed S 75§3746§§A1 Migrated Dispos *n Migrated Dispos tonal Event 05/1812004 Not Final 1 / Aggravated Assault Held for Court (Lower Court) F1 18§2702§§A1 4 / Recklessly ( Endangering Another Person Held for Court (Lower Court) M2 18§2705 5 / Harassmen t - Subject Other to Physical Contact Held for Court (Lower Court) S 18§2709§§A1 6 / Harassmen t - Course of Conduct W/ No Held for Court (Lower Court) S 18§2709§§A3 Legitimate Pur pose 13 / Robbery-t hreat Immed Ser Injury Held for Court (Lower Court) F1 18§3701§§A111 14 / Robbery-i hflict Threat Imm Bod Inj Held for Court (Lower Court) F2 18§3701§§A11V 17 / Careless Driving Held for Court (Lower Court) S 75§3714 18 / Reckless Driving Held for Court (Lower Court) S 75§3736§§A 20 / Fail Stop A nd Give Infor Render Aid Held for Court (Lower Court) S 75§3744§§A 21 / Fail To No k Police OfAccident\ Injury Or Death Held for Court (Lower Court) S 75§3746§§A1 AOPC 9= - Rev Recent as made in the court tiling oMm may not be immediately n%CW on these dooW sheets. Neitlwr the courts or the Unified Judicial Syddem CommonweeMh of Pennsyh enia nor the Administrative 01flce of Pennsylvania Courts assume any liability for Insoaural a or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in piece of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an empl ? who does not comply with the provisions of the Criminal History Record Inflormadon Act may be subject to civil liability asset forth In 18 Pa.C.S. Section 9183. 0 0 COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Number: CP-15-CR400G63-2004 CRIMINAL DOCKET aa Court Case Commonwealth of Pennsylvania V. Nam Thomas Ost-Prisco, Esq. District Attorney 065772 (610) 1 (Phone) Address: Chester County District Attorney's Office 17 N Church Street West Chester PA 19380 N>AM Dawson R. Muth, Esq. Private Supreme Court No: 078079 Rep. Status: Active Phone Number(s): (610) 436-6220 (Phone) (610) 436-0628 (Fax) Address: 135 WEST MARKET STREET Representing: Thimis, Nicholas (610) 436-6220 (Phone) (610) 436-0628 (Fax) Address: Goldberg Meanix & Muth 135 W Market Street West Chester PA 19382 Representing: Thimis, Nicholas (610) 436-6220 (Phone) (610) 436-0628 (Fax) Address 213-215 West Miner Street West Chester PA 19382 Representing: Thimis, Nicholas 02/06/2004 Migrated Automatic Registry Entry ( Migrated Ataq'matic Registry Entry (Disposition) Text - - - - - - - - - - - - - - - - - - - - 1 02/06/2004 Migrated Case Initiation Registry E Migrated Casa Initiation Registry Entry AOPC 9002 - Rev Page 5 of 7 Printed: 07/18(2012 Recent e*ias made in the court filing ofRces may not be immedWAsly reflected on these dodo( sheets. Neither the courts of the United Judicial System of khe Commonwealth of Pennsylvania nor the Adrrinistradve Office of Pennsylvania Courts assume any liability for inaocurab or delayed data, errors) or omissions on these reports. Docket Shoat Wbrrnadon should not be used in piece of a criminal history background look which can only be provided by the Pennv/Wnis State Police. Moreover an emploW who dose not comply with the provisions of the Criminal History Record Information Act may be subject to civil Ilabli ty as sat forth in 18 Pa.C.S. Section 9183. Filed By Migrated, Filer Unknown Filer 4 4 COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Number. CP-I&CR4000563-3004 CRIMINAL DOCKET aa Court Case Commonwealth of Pennsylvania V. Page 6 of 7 S 2 ecuence NUMbelr CP Filed Date Document Date 02/06/2004 Filed By Migrated, Filer 0100 - READY FOR ARRAIGNMENT - BOLIN 0100 - Ready! for Arraign - Bound to CourtHeld for Court- by DJ : 25 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 1 02111/2004 Migrated, Filer 9999 - MISCELLANEOUS 9999 - MiscelianeousAppearance of Private AttomeyDAWSON R. MUTH - - - - - - - - - - - - - - - - - - - - - - - - - - -- 1 - - - - - - 02/1312004 Migrated, Filer 9999 - MISCELLANEOUS 9999 - MisoellaneousAppearance of Assistant District AttomeyTHOMAS OST-PRI - - - - - - - - - - -- - - - - - - - - - - SCO - - - - - - - - - - - - 1 02/2312004 Migrated, Filer 0102 - READY ARRAIGN - INFORMATION 0102 - ReadylArraign - Information Filed - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - 2 02/23/2004 Migrated, Filer 2004 - READY FOR TRIAL - WAIVED ARR 2004 - Ready! Trial-Waived Arraign-Plead NG - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- 1 04/07/2004 Migrated, Filer 9999 - MISCEL? ANEOUS 9999 - MisoellaneousSch. for trial on 050404ANTHONY A. SARCIONE - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- 1 05/04/2004 Migrated, Filer Migrated Automatic Registry Entry ( Migrated Automatic Registry Entry (Disposition) Text - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 2 05/04/2004 Migrated, Filer Migrated Automlatic Registry Entry ( Migrated Automatic Registry Entry (Sentence) Text - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- 3 05/04/2004 Migrated, Filer 9010 - PROBATION 9010 - Probation JUDGE: HOWARD F. RILEY JR.NOLO CONTENDERS CT 7 CC3921(A) M2: PROS 24 MOS,$100 FINE & COTS, RESIN-TBD; CT 4 CC2705 M2:PROB 24 MOS CONC W/CT 7, $100 F&C, OTHER CTSW/D-COSTS ON DEF, PROS MAY BE SERVED IN VMS. AOPC 8092 - Rev Prints : 07118=12 Recent entries made in the court filing offices may riot be Immediately reflected on these docket sheets. Neither the courts of the Unified Judicial system the commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any [fatuity for inaccurate or delayed data, or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not oomply with the provisions of the Criminal History Record Information Act may be subject to civil 11WIty as set forth In 18 Pa.C.S. Section 9183. _0 V COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Number: Ch-15-CR4M563-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 7 of 7 V. Seauarm Number CP Filed Date Document Date Filed By ----------------------------- 4 05104/2004 Migrated, Filer 9990 - PRAECIPE-REDUCTION TO JUDGEM 9990 - PraeciOe-Reduction to Judgment FileJUDGMENT ENTEREDPROOF SERVICE FILED - - - - - - - - - - -- - - - - - - - - - - - - - - - - - 1 05/18/2004 Migrated, Filer Migrated Automate Registry Entry ( Migrated Automatic Registry Entry (Disposition) Text 1 06/09/2004 9903 - CASH BAIL RETURNED - CERTIFI 9903 - Cash Oail Returned - Certified MailCHK#16476 $3000 TIMMY THIMIS AOPC 9082 - Rev Migrated, Filer Printed: 07M 8/2012 Recent a" made in the court filing of loss may not be immediately reflected on these docket shaft. Neither the courts of the Undled Judicial System 0 the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Court assume any debility for inaccurate or delayed date, an" or omissions on these reports. Docket Shoat information should not be used in place of a orNnfnal history background check which can only be provided by the Pennsylvania State Police. Moreover an amployw who does not comply with the provisions of the Criminal History Record Informadon Act maybe abject to civil liability as set forth in 18 Pa.C.S. Section 9183. ACCOUNT NO, ACCOUNT TYPE STATEMENT PERIOD PACE 67 RELATIONSHIP SAVINGS DEC.08-MAR.07,2012 1 OF 1 00 0 0610" NM 017 NICHOLAS T THIMIS 6389 STEPHENS XING MECHANICSBURG PA 170SO 14727 INTEREST EAR FOR STATEMENT PERIOD 0.04 HAMPDEN INTEREST PAID YEAR TO DATE 0.05 ACCO NT SUMMARY. Iq . mew No. I mew 1 see. 2 0,95 1,000.26 ACCOUNT ACTIVITY ,:,., . .. .. .. . ;.. ....:. :.... , 12-e8-1 BEGI1MiItNG BALANCE 01,000.21 01-06-1 INTEREST PAYMENT 0.02 1,000.23 02-07-1 INTEREST PAYMENT 0.02 1,000.25 03-07-1 INTEREST PAYMENT 0.01 1,000.26 ENDING:'BALANCE $1,800.26 ANNUAL PERCENTAGE YIELD EARNED = 0.01 X 6ID.YOU KU M THAT YOU CAN SAVE TIME RY USiNG M&T WEB OR MOBILE BILL PAY? INOW ELZNMTZMG THE STRESS OF HAVZNG TO WRITE A CNECK, OR WAZTZNB IN LIME TO BUY STAMPS. WITH N&T-WEB AND mnILE BILL PAY, YOU CAN SKIP THE HASSLE AM MAKE PAYMENTS QUICKLY AND EASILY. LEARN MORE AT MTB.COMlBILLPAY. MEMBER FDIC. PIT. Tax ParI?I?. 1QL9-1604215 T.HIS DEED, MADE THE lo day of August in the year of our Lord two thousand seven (2007). BETWEEN NICHOLAS T. THIMIS and TANYA J. THIMIS, husband and wife, of Green Bay, Wisconsin, parties of the first part, Grantors, and TIMMY G. THIMIS, and TASSIA THIMIS, husband and wife, of Hampden Township, Cumberland County, Pennsylvania, parties of the second part, Grantees: W"&SETH, that in consideration of One ($1.00)-- 1 -Dolkw, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns, as tenants by the entirety, all of their right- title and interest, being an undivided one-half interest in the following: ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration Plan referred to below as STEPHEN'S COURT GAMMA, situate in the Village of Westover, Hampden Township, Cumberland County, Pennsylvania, which has been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196 (68 P. S. 700.101, et seq.), by recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration dated September 7, 1979 and recorded in Miscellaneous Book 246, Page 382, and a Declaration Plan dated September 7, 1979 and recorded in Plan Book 36, Page 55, and a Code of Regulations, Exhibit "B" of said Declaration, described as follows: BEING and designated on the Declaration Plan as Unit C-5 with detached garage, said garage designated on the Declaration Plan as Unit C-5-G, together with an undivided interest appurtenant to the Unit in all Common Elements (as defined in the Declaration) of 16 2/3%. The Unit is municipally numbered as 6393 Stephen's Crossing, Village of Westover, Mechanic sbuLg_ Pennsvlvania- BEING the same premises which Moo Sik Won and Young H. Won, husband and wife, by deed dated January 5, 2002 and recorded January 10, 2002, in the Office of the Recorder of Deeds, in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 249, Page 4750, granted and conveyed to Timmy G. Thimis and Tassia Thimis, husband and wife, as tenants by the entirety, holding as joint tenants with right of survivorship with Nicholas G. Thimis and Tanya J. Thimis, husband and wife, as tenants by the entirety. r ?d *00HD TAX PARCEL NO. 10-19-1604215 - 0 • C5 T141S DEED MADE the a 2. day of J&J,,ft in the year two thousand nine (2009), between TIMMY G. THIMIS and T SIA THIMIS, husband and wife, of Hampden Township, Cumberland County, parties of the first part, AND TIMMY G. THZffS and TASSIA N. THIMIS, husband and wife, as tenants by the entireties between themselves and NICHOLAS G. THIMIS and TANYA J. THIMIS, husband and wife, as tenants by the entireties between themselves and loitl as joiot tenor w1W 'rift of sur d ? -1 '1k W'iTNESSETH, that the Grantors, for and in consideration of ONE DOLLAR ($1.00) lawful money of the United States of America, to the Grantors in hands well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever, their heirs and assigns, ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration Plan referred to below as STEPHEN'S COURT GAMMA, situate in the Village of Westover, Hampden Township, Cumberland County, Pennsylvania, which has been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196 (68 P.S. 700.101, et seq.), by recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration dated September 7 1979 and recorded in Miscellaneous Book 246, Page 382, and a Declaration Plan dated September 7, 1979 and recorded in Plan Book 36, Page 55, and a Code of Regulations, Exhibit "B" of said Declaration, described as follows, to wit: BEING and designated on the Declaration Plan as Unit C-5 with detached garage, said garage designated on the Declaration Plan as Unit C-5-G, together with an undivided interest appurtenant to the unit in all Common Elements (as defined in the Declaration) of 16 2/3%. The Unit is municipally numbered as 6393 Stephen's Crossing, Village of Westover, Mechanicsburg, Pennsylvania. BEING the same premises which Nicholas 'r. Thimis and Tanya J. Thimis, husband and wife by their Deed, dated August 10, 2007 and recorded on September 4, 2007 in Instrument Number 200734330 granted and conveyed to Timmy G. Thimis and Tassia Thimis, husband and wife, the Grantors herein. THIS CONVEYANCE IS FROM PARENTS TO A SON AND DAUGHTER--IN-LAW AND IS THEREFORE EXEMPT FROM THE REALTY TRANSFER TAX. V TIMMY G. THIMIS and IN THE COURT OF COMMON PLEAS r--.- TASSIA N. THIMIS, OF CUMBERLAND COUNTY,; Plaintiffs PENNSYLVANIA= VS. NO. 2012 - 6361 CIVIL NICHOLAS T. THIMIS and TANYA J. THIMIS, Defendants CIVIL ACTION - LAW & EQUITY AFFIDAVIT OF SERVICE OF COMPLAINT I hereby certify that on October 19, 2012 the Sheriff of St. Charles Parish in Hahnville, Louisiana served Tanya J. Thimis on behalf of herself and her husband Nicholas T. Thimis as shown on the two (2) original Return of Service attached hereto as Exhibit "A" and "B". Both Defendants were served on October 19, 2012 with the Complaint endorsed with a Notice to Defend. Respectfully submitted, BY: H ell Law Firm 611'09"fBridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiffs Date: October 23, 2012 -w v R-,-r-ived Parish o' '?. ' rl(.: a'e (,, -!w of _ g .I ra § erif t t r I- el r ?\ . v. _, . T?^-C?_. f z fV / Supreme Co nnsylvania Cou £?rodunAleas C T I )0 X County For Prothonotary Use Only: Docket No: The information collected on this, form is used solely for court administration purposes. This form does not sunnlement or replace the filing and service ofnleadings or other naners as reauired by law or rules of court. Cencement of Action: Complaint O Writ of Summons D Petition © Transfer from Another Jurisdiction ® Declaration of Taking Lead Plaintiff's Name: TIMMY G. THIMIS Lead Defendant's Name: NICHOLAS T. THIMIS AND TASSIA N. THIMIS Are money damages requested? `Yes No Dollar Amount Requested: within arbitration limits (check one) [,outside arbitration limits Is this a Class Action Suit? ® Yes ONO Is this an MDJAppeal? [3 Yes No Name of Plaintiff/Appellant's Attorney: STEVEN HOWELL, ESQUIRE _ ® Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. S E C T I Q N TORT (do not include Mass Tort) Q Intentional 0 Malicious Prosecution 13 Motor Vehicle Nuisance Premises Liability 13 Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation Other: CONTRACT (do not include judgments) 0 Buyer Plaintiff (3 Debt Collection: Credit Card 13 Debt Collection: Other ® Employment Dispute: Discrimination ® Employment Dispute: Other Otj}er: REAL PROPERTY © Ejectment Eminent Domain/Condemnation Ground Rent ® Landlord/Tenant Dispute Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial 13 Partition ® Quiet Title ® Other: ML APPEALS Administrative Agencies D Board of Assessment 1311oard of Elections Dept. of Transportation 8 Statutory Appeal: Other Zoning Board ® Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration Declaratory Judgment 8 Mandamus Non-Domestic Relations Restraining Order 0 Quo Warranto 1 Replevin 13 Other: Updated 1/1/2011 . 1C: t3. i 4 Sherift - C T I 0- A cot Supreme Co nnsylvania leas For Prothonotary Use Only: 1 t Docket No: CUMBERLAN+ , . County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Cencement of Action: Complaint ? Writ of Summons ? Petition ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff's Name: TIMMY G. THIMIS Lead Defendant's Name: NICHOLAS T. THIMIS AND TASSIA N. THIMIS AND TANYA T_ TT4TMTq Are money damages requested? ? Yes ? No Dollar Amount Requested: within arbitration limits (check one) ?outside arbitration limits Is this a Class Action Suit? ? Yes fNo Is this an MDJAppeal? [3 Yes No Name of Plaintiff/Appellant's Attorney: STEVEN HOWELL, ESQUIRE r 13 Check here if you have no attorney (are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an "X" to the left of the O case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. E C T I 01- N B TORT (do not include Mass Tort) ? Intentional ? Malicious Prosecution ? Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include mass tort) ? Slander/Libel/ Defamation ? Other: ONTRACT (do not include Judgments) Buyer Plaintiff ? Debt Collection: Credit Card ? Debt Collection: Other ? Employment Dispute: Discrimination ? Employment Dispute: Other Other REAL PROPERTY 13 Ejectment ® Eminent Domain/Condemnation ? Ground Rent 13 Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential 13 Mortgage Foreclosure: Commercial ? Partition ? Quiet Title 13 Other: CIVIL APPEALS Administrative Agencies ? Board of Assessment ? Board of Elections 81 Dept. of Transportation Statutory Appeal: Other ? Zoning Board ? Other: MISCELLANEOUS Common Law/Statutory Arbitration Q Declaratory Judgment Mandamus Non-Domestic Relations Restraining Order Quo Warranto Replevin 130ther: r?..r..?a 1/7nn1 1 TIMMY G. THIMIS and IN THE COURT OF COMMON PLEAS OF TASSIA N. THMIS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 2012-6361 CIVIL TERM NICHOLAS T. THIMIS and CIVIL ACTION-LAW TANYA J. THIMIS Defendants NOTICE TO PLEAD ` ' ~ ' ~~. ~ _ _ (.h f T ';~rTi f~ "r ~' ~~= .ate ~..,. ~ ~ «.~ ~. To: Steven Howell, Esquire ' ~ ~ cr- Howell Law Firm ;--~ -~-- ---~ ~-a 619 Bridge Street K-- c~• ~~> t. , ~ -,- -?, ~-, -~ r . ~ ~ New Cumberland, Pennsylvania 17070 z ~ :~_ ~, c°-, :, s} ~= _~} ~ _ ~:-~ :~. .. YOU ARE HEREBY DIRECTED TO PLEAD TO THE ATTACHED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS OF SERVICE THEREOF, OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Baric Scherer LL~~-~--~ I.D. 83760 19 West South Street Carlisle, Pennsylvania 17013 TIMMY G. THIMIS and IN THE COURT OF COMMON PLEAS OF TASSIA N. THMIS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 2012-6361 CIVIL TERM NICHOLAS T. THIMIS and CIVIL ACTION-LAW TANYA J. THIMIS Defendants PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' COMPLAINT NOW, come Defendants, Nicholas T. Thimis and Tanya J. Thimis, by and through their attorneys, BARK SCHERER LLC, and files the within Preliminary Objections and, in support thereof, set forth the following: I. FAILURE TO CONFORM TO LAW OR RULE OF COURT UNDER Pa.R.C.P 1028(a)(2) l . Pa.R.C.P. 1019(a) requires "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 2. Plaintiffs failed to aver the specific terms of the alleged settlement agreement in Count I. 3. Plaintiffs failed to aver the specific payment terms of the alleged Oral Contract in Count II. 4. Plaintiffs failed to show how Defendants breached the alleged Oral Contract in Count II. 5. Plaintiffs failed to aver the fiduciary duties of the alleged fiduciary relationship in Count III. 6. Plaintiffs failed to show how Defendant breached the alleged fiduciary relationship in Count III. 7. Plaintiffs failed to aver how the alleged settlement agreement was finalized in Count I. 8. Plaintiffs failed to show that their alleged acceptance of the offer was the mirror image of Defendants' offer in Count I. 9. Pa.R.C.P. 1019(f) requires a party to aver specifically items of time, place and special damage. 10. Plaintiffs failed to aver the payment terms of the Oral Contract alleged in Count II and identify the terms Defendants are alleged to have breached. 11. Pa.R.C.P. 1019(1) requires that "...when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing ...." or state the substance of the writing and why it is not attached. 12. Plaintiffs failed to attach a final executed settlement agreement showing the basis of the alleged contract in Count I. 13. In Count III of Plaintiffs' complaint, Plaintiffs aver that "Plaintiffs have revoked the power of attorney previously granted to Defendant Nicholas T. Thimis." 14. If the power of attorney is the basis of the alleged fiduciary relationship, Plaintiffs have failed to provide the power of attorney document as required by Pa.R.C.P. 1019(1). 15. In a partition action, Pa.R.C.P. 1554(b) requires that a complaint include "a statement of the nature an extent of the interest of each party in the property." 16. In Count IV of Plaintiffs' complaint, "Plaintiffs seek to partition the property and request entry of an order awarding them the entire parcel." 17. In Count IV, Plaintiffs aver that they "...are the only mortgagors on the existing loan which collateralizes the rental property." 18. Plaintiffs failed to aver the equity interest of the parties in the property. 19. In Count IV, Plaintiffs aver that Plaintiffs and Defendants are joint tenants with right of survivorship. 20. Plaintiffs failed to aver their specific interest in the property allegedly entitling them to the entire parcel. 21. Plaintiffs failed to aver the extent of the interest of each party in the property in violation of Pa.R.C.P. 1554(b). WHEREFORE, Defendants request their objections be sustained and Plaintiffs' Counts I, II, III and IV be stricken and Plaintiffs' complaint be dismissed in its entirety for failure to conform to law or rule of court. II. INSUFFICIENT SPECIFICITY UNDER Pa.R.C.P. 1028(a)(3) 22. Defendants incorporate by reference paragraphs one through twenty-one as though set forth at length. 23. Plaintiffs failed to aver the facts necessary to create contracts in Counts I and II. 24. Plaintiffs failed to aver the facts necessary to create a fiduciary relationship in Count III. 25. It is unclear as to whether or not the power of attorney referenced in Paragraph 49 of Plaintiffs' complaint is the basis for the alleged breach of fiduciary duty in Count III. 26. Plaintiffs failed to aver the specific terms of the alleged settlement agreement in Count I. 27. Plaintiffs failed to aver the specific payment terms of the alleged Oral Contract in Count II. 28. Plaintiffs failed to show how Defendants breached the alleged Oral Contract in Count II. 29. Plaintiffs failed to aver the fiduciary duties of the alleged fiduciary relationship in Count III. ~0. Plaintiffs failed to show how Defendant breached the alleged fiduciary relationship in Count III. 31. Plaintiffs failed to aver how the alleged settlement agreement was finalized in Count I. 32. Plaintiffs failed to show that their alleged acceptance of the offer was the mirror image of Defendants' offer in Count I. 33. Plaintiffs failed to attach a final executed agreement showing the basis of the alleged contract in Count I. 34. Plaintiffs failed to attach additional correspondences between Plaintiffs' counsel and Defendants' counsel showing that there was no settlement agreement in place under Count I. 35. Attached hereto as Exhibit "A" and incorporated herein by reference is a letter dated September 5, 2012 from Plaintiffs' counsel showing that no resolution had been reached. 36. Attached hereto as Exhibit "B" and incorporated herein by reference is a letter dated September 10, 2012 from Defendants' counsel rejecting Plaintiffs' counteroffer due to the substantially different terms that were included in Plaintiffs' counteroffer. 37. Attached hereto as Exhibit "C" and incorporated herein by reference is a letter dated September 17, 2012 from Plaintiffs' counsel identifying some of the additional terms that were added to Plaintiffs' counteroffer, such as references to the loan, pistol, M&T account and leasing of the property. ~8. Attached hereto as Exhibit "D" and incorporated herein by reference is a letter dated September 21, 2012 from Defendants' counsel again rejecting Plaintiffs' counteroffer. 39. Pa.R.C.P. 1019(a) requires "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 40. Plaintiffs failed to aver the material facts to establish a breach. of contract cause of action in both Counts I and II. 41. Plaintiffs failed to aver the material facts to establish a breach of fiduciary duty cause of action in Count III. 42. In a partition action, Pa.R.C.P. 1554(b) requires that a complaint include "a statement of the nature an extent of the interest of each party in the property." 43. In Count IV of Plaintiffs' complaint, "Plaintiffs seek to partition the property and request entry of an order awarding them the entire parcel." 44. In Count IV, Plaintiffs aver that they "...are the only mortgagors on the existing loan which collateralizes the rental property." 45. Plaintiffs failed to aver the equity interest of the parties in the property. 46. In Count IV, Plaintiffs aver that Plaintiffs and Defendants are joint tenants with right of survivorship. 47. Plaintiffs failed to aver their specific interest in the property allegedly entitling them to the entire parcel. 48. Plaintiffs failed to aver the extent of the interest of each party in the property in violation of Pa.R.C.P. 1554(b). WHEREFORE, Defendants request their objections be sustained and Plaintiffs' Counts I, II, III and IV be stricken and Plaintiffs' complaint be dismissed in its entirety for lack of insufficient specificity. III. LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) UNDER Pa.R.C.P. 1028(a)(4) 49. Defendants incorporate by reference paragraphs one through forty-eight as though set forth at length. 50. Plaintiffs failed to aver the specific terms of the alleged settlement agreement in Count I. 51. Plaintiffs failed to aver how the alleged settlement agreement was finalized in Count I. 52. Plaintiffs failed to show that their alleged acceptance of the offer was the mirror image of Defendants' offer in Count I. _53. Plaintiffs failed to attach a final executed agreement showing the basis of a contract in Count I. 54. Plaintiffs fail to attach additional correspondences between Plaintiffs' counsel and. Defendants' counsel, Exhibits ,~, B, C and D, showing that there was not a settlement agreement in place in Count I. 55. Plaintiffs failed to aver the specific payment terms of the alleged Oral Contract in Count II. 56. Plaintiffs failed to show how Defendants breached the alleged Oral Contract in Count II. 57. Plaintiffs failed to aver the fiduciary duties of the alleged fiduciary relationship in Count III. 58. Plaintiffs failed to show how Defendant breached the alleged fiduciary relationship in Count III. 59. Plaintiffs failed to aver the facts necessary to create contracts in Counts I and II. 60. Plaintiffs failed to aver the facts necessary to create a fiduciary relationship in Count III. WHEREFORE, Defendants request their objections be sustained and Plaintiffs' Counts I, II and III be stricken and Plaintiffs' complaint be dismissed in its entirety for lack of legal insufficiency of a pleading. IV. INCLUSION OF SCANDALOUS OR IMPERTINENT MATTERS UNDER Pa.R.C.P 1028(a)(2) f l . Defendants incorporate by reference paragraphs one through sixty as though set forth at length. E2. Under Pa.R.E. 408, offers to compromise or statements made in compromise negotiations are not admissible when offered to prove liability. 63. Plaintiffs attempted to use inadmissible evidence of an offer to compromise made during compromise negotiations as the basis for their breach of contract cause of action in Count I. 64. By attaching Defense counsel's letters to Plaintiffs' counsel, Plaintiffs have included scandalous and impertinent matters in their complaint. h5. Plaintiffs failed to include additional correspondence to show there was no settlement agreement reached. For this reason alone, Defendants have attached additional letters regarding the negotiations and lack of agreement, Exhibits A, B, C and D, which would not otherwise be admissible. 66. Plaintiffs have also chosen to include Plaintiffs' counsel's letter and its attachments showing criminal charges filed against Nicholas T. Thimis over eight (8) years ago which have no bearing on Plaintiffs' complaint and are therefore scandalous and impertinent. WHEREFORE, Defendants request their objections be sustained and Plaintiffs' Counts I, II, III and IV be stricken and Plaintiffs' complaint be dismissed in its entirety for inclusion of scandalous or impertinent matters. V. MISJOINDER OF A CAUSE OF ACTION UNDER Pa.R.C.P. 1028(a)(5) ~7. Defendants incorporate by reference paragraphs one through sixty-six as though set forth at length. h8. Under Pa.R.C.P. 1555 Pleading More than One Cause of Action, in a partition action "(a) [t]he plaintiff[s] may state in the complaint causes of action for the artition of all or any part of any properties in which plaintiff and the defendants are co-tenants ... (b) [i]f the rights of all the parties are derived from a common source of title, causes of action may be joined even though one or more of the defendants are co-tenants of less than all the properties." Emphasis added. 69. Plaintiffs allege breach of contract actions in Count I and Count I1. 70. Plaintiffs allege breach of fiduciary duty in Count III. 71. Plaintiffs Counts I, II and III are in personam actions and not permitted to be plead with a partition action. 72. Plaintiffs have misjoined breach of contract and breach of fiduciary duty causes of action with a partition action. WHEREFORE, Defendants request their objections be sustained, Plaintiffs' Count I, II, and III be stricken and Plaintiffs' complaint be dismissed in its entirety for misjoinder of a cause of action.. Respectfully submitted, BARK SCHERER LLC Date: ~ ~ L? Tricia D. Nayl Esquir I.D. 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. This verification is signed by Tricia D. Naylor, Esquire, Attorney for Defendants and is based upon the statements provided by Defendants, as well as documents reviewed by the undersigned as attorney for Defendants. This verification will be substituted and ratified by a verification signed by the Defendants who are presently unavailable to sign said verification. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Dated: ~ ~ -" ~.v ~' ~ ~-- Tri is D. Naylor, quire CERTIFICATE OF SERVICE I hereby certify that on November ~ , 2012, I, Tricia D. Naylor, Esquire of Baric Scherer I,LC, did serve a copy of the Preliminary Objections Of Defendants, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, Pennsylvania 17070 Tricia D. Nay or, Esq ' .~ ~~vEr.,z, L..~w ~'z ~~ 61S Bridge Srzeet, New Cumberland, Pennsylvania 1,7070 Telephone 117-170-],277 1~ax 717-770-1278 *'`A VTA l~ A7~; 249-,5755 ~*x* Sel>teznber ~, 2012 Tricia b. Naylor, Esclrtire Bat'ic Scherer T LC 1.9 Vv~st South Street Carlisle. >?1 1701 ~ P,>;: Thin~is Rental Prope~~ty artd Loan Dear Tricia: .~1s you lcnotiv nn A.u~ust 1 ~`~' I ~Porwat°dcd the ~eitlement Agt•eennent and Rel.easc as well as a proposed. decd. I cal-ed yesterday aFtel7~oon aid today and have left n~cssages. lvly clients insist on a ccsalution of this ma.ttcr by September l 1, 2012. I:Cno resoltaioi~ is reached. then litinatio:l to. (a} partition the real estate; (b) obtain the retuz•ta of the .45 automatic pistol; at~d (c) repay the$1,000.00 in tl~e ;v~l & T account shall be filed, very truly yours, ti~'z ?,iii c~ : l'itnmy and Tassia Thianis Exhibit "A" ~ARIC Attorneys at Law SCHERER LLC David A. Banc Michael A. Scherer Tricia D. Naylor Bret P. Shaffer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 -Fax dbaric®baricscherer.com September 10, 2012 VIA FACSIMILE ONLY TO: (717)770-1278 Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, Pennsylvania 17070 FOR SETTLMENT PURPOSES ONLY Dear Steven: As we discussed, I spoke with Nicholas Thimis this morning regarding your proposed Release. It is substantially different from what my clients had offered and includes items and matters unrelated to the subject property. My clients are no longer interested in conveying the property to your clients without being compensated for their interest in the property. Please serve my clients directly with any complaint in this matter. Very truly yours, B CSC R LLC Tric a D. Naylor, Es wire TDN/ar Enclosures cc: File Nicholas and Tanya Thimis Exhibit "B" ,~ O W E LL .1....,A.~T ~I R.1VI 619 Bridge Street, New Cumberland, Pennsylvania I7070 Telephone 717-770-1277 Pax 717-770-1278 ;`.~.::: ~'IA FAQ; 249-S7S~ :~*** September 17, 20l I"ricia D. Na}~lor, I/squit'e Banc Scherer T T C 1 ~ `~%est South Street Carlisle, 1?!1 1701.3 PE: ~"himis Rental f'ropez-ty a.r~d Loan Dear Tricia: Since vout~ client has reneged on the settlement agrectncnt: we now have the issue of the carrying costs for the rental unit while the l~at•tition action is litigated. "1"his includes the mort;7age payment, taxes, insurance, condominium fees a.nd routine rrtaintcnance. In order to eliminate this carrying cost my client has secured a tetla~~t on a twel~~e (12) trot7th lease fot' .~t,250.00 per month. ~s for t)Ze X30.000.00 loan Four client remains delit~quettt b~, sc~%cral rnontLs. Ij' this clclinclucncy i5 not curccl within five (5) da.y,s a separlte cause ol:'ttction to accelerate a'I t•cmainina payn~etlts shall be tiled, In the altet~~ative, your client can. sitxtply honor is priot~ commitment to settle the case in accordance wit11 the Settlement .~gree~nent b,_~t retain the pistol and 51,000.00 in r_he '~%t ~. 'S" Account. Since the recent sales prices in the development `vh.cre tl.~.c rental unit. is located continue to plummet a.ny delay ~~vill only lower the net equity which benefits nay clients in the ]itigation.:his letter is the final cPlort~ to settle this niatte~r Ind is not adznissibl.c under the Petansylvr~t~iA. Rules of 1/~-idcnce in any subsequent proceeding. S FT- bti~ c;.; Timmy and Tassia Thirrzis 'r::aE ~':/~^1 Exhibit "C" ti cry truly yours, RIC Attorneys at Law SCHERER LLC David A. Baric Michael A. Scherer Tricia D. Naylor Bret P. Shaffer 19 West South Street Carlisle, Pennsylvarua 17013 (717) 249-6873 (717) 249-5755 -Fax dbaricC~baricscherer.com September 21, 2012 VIA FACSIMILE ONLY TO:. (717)770-1278 Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, Pennsylvania 17070 FOR SETTLMENT PURPOSES ONLY Dear Steven: I am in receipt of your letter dated September 17, 2012 indicating that the property has been rented. Please provide me with a copy of the executed lease with the new tenant. Since my clients no longer have access to the rental checking account, please provide monthly statements showing deposits and copies of all disbursements. As indicated previously your client's counteroffer was substantially different from what my clients had offered. They do not believe your clients were acting in good faith and therefore do not wish to convey the property without being compensated for their interest in the property. Please let me know if you wish to discuss this matter further. Very truly yours, B C S RER C Tri is D. Nayl Esquire TDN/ar Enclosures cc: File Nicholas and Tanya Thimis Exhibit "D" • ~ _; ~ TIMMY G. THIMIS and IN THE COURT OF COMMON PLEAS TASSIA N. THIMIS, OF CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA VS CIVIL ACTION -LAW ~ '~ . c~3 . '~- . . - NICHOLAS T. THIMIS and N0.2012-6361 CIVIL TERM _~ ~ E- , =~ E ~~=__.~" TANYA J. THIMIS, ~~~ ~ -~ ~ ~ '~ f ~ ~~ DEFENDANTS ~ ` ~' c ,., ~;~ ; NOTICE =~ ~7 - '= ~~ Ltti YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGA~II' 'f~iE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE. ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTClRNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU. DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (71,7) 249-3166 By: Ho ell Law Firm 9 Bridge Street ' New Cumberland, PA 17070 (717) 770-1277 ' Supreme Court ID b2063 _. TIMMY G. THIMIS and TASSIA N. THIMIS, Plaintiffs VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 6361 CIVIL TERM NICHOLAS T. THIMIS and TANYA J. THIMIS, JURY TRIAL DEMANDED Defendants CIVIL ACTION -LAW AMENDED COMPLAINT 1. Timmy G. Thimis is an adult individual residing at 6389 Stephen's Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Tassia N. Thimis is an adult individual residing at 6389 Stephen's Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Timmy G. Thimis and Tassia N. Thimis are married., , 4. Nicholas T. Thimis is an adult individual residing at 117 Live Oak Lane, Luling, Louisiana 70070. 5. Tanya J. Thimis is an adult individual residing at 117 Live Oak Lane, Luling, Louisiana 70070. 6. Nicholas T. Thimis is the son of Timmy G. Thimis and Tassia N. Thimis. 7. Tanya J. Thimis is the daughter-in-law of Timmy G. Thimis and Tassia N. Thimis. 8. The four (4) parties are owners of an investment property located at 6393 Stephen's Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050 and for which the Plaintiffs seek to end the investment relationship as outlined in Count I. The four (4) parties are also involved as lenders (Plaintiffs) and borrowers (Defendants) for the sum of Thirty Thousand and 00/100 ($30,000.00) Dollars as outlined in Count II. 10. The four (4) parties also have issues between themselves regarding credits and debits for not only the investment property and loan but also other assets. COUNT I: BREACH OF SETTLEMENT AGREEMENT 11. As set forth below after extensive negotiations between May 9, 2012 and July 23, 2012, the Defendants' attorney (Tricia D. Naylor, Esquire) offered a written settlement in a letter dated July 23, 2012 (see Exhibit "A"} which stated: I spoke with Nicholas Thimis this morning and he would like to put an end to out negotiations. He does not wish to put his parents through this process any longer. My clients agree to resume making payments under the loan and intend to make a payment this week. In addition, my clients agree to transfer the property [6393 Stephen's Crossing, Mechanicsburg, PA 17050] to your clients in exchange for being released from any past or future obligations relating to the property. Your clients can then determine what is fair regarding the distribution of any sale proceeds. Please prepare a deed conveyance and a release for my review. Thank you for your prompt attention to this matter. 12. On August 13, 2012 Plaintiffs by and through their counsel accepted this offer to settle and forwarded via fax to Attorney Naylor the Settlement Agreement and Release and Proposed Deed (see Exhibit "B") 13. The Release simply included language to effectuate the intent of the Defendants' offer to settle all pending disputes which was: "My clients agree to resume making payments under the loan (subject of Count 11) and intend to make a payment this week. In addition, my clients agree to transfer the property to your clients in exchange for being released from any past or future obligations relating to the property." 14. Paragraphs 1 and 2 of the Settlement Agreement and Release state that: (a} the Defendants will execute a deed conveying their interests back to the Plaintiffs; and (b) the Defendants will be absolved from any past and future obligations related to the property. 15. Paragraph 3 of the Settlement Agreement and Release simply affirms that the Defendants have taken no steps to encumber or cloud the title to the property. 16. Paragraphs 4 and 5 of the Settlement Agreement and Release simply concern the right to receive rental income which was an issue in dispute throughout the parties' written negotiations up through the offer to settle contained within their counsel's letter of July 23, 2012. 17. Paragraph 6 of the Settlement Agreement and Release simply states that the release and deed transfer do not satisfy the Defendants' obligation to repay the separate personal loan which they affirmatively agreed to timely repay in their written settlement offer, of July 23, 2012. 18. Paragraph 7 of the Settlement Agreement and Release simply states that the Defendants will repay the separate personal loan at $1,000.00 per month and, in the event of default, will have to pay interest at 6% and attorneys fees. 19. Paragraph 8 concerns the M & T Bank Account and the $1,000.00 balance in this account was expressly included in the parties' written negotiations (see Exhibit "E" under paragraph 4). 20. Paragraph 9 simply concerns the return of Timmy G. Thimis' service weapon from his service in WW II that Defendants took to Louisiana which has been a point of disagreement in phone calls between the parties prior to the settlement offer of July 23, 2012. 21. The Settlement Agreement and Release encompassed the issues in dispute as of July 23, 2012 when the Defendants extended a written offer to settle the matter. 22. On September 10, 2012 Defendants by and through their counsel disputed the terms of the Release; refused to sign the Release or Deed; and then sought to withdraw from the settlement agreement entirely. 23. Commencing on May 9, 2012 Plaintiffs sought to end the investment property relationship with the Defendants. 24. Between May 9, 2012 and July 22, 2012 the parties individually and later by and through their respective counsel (Tricia D. Naylor, Esquire for the Defendants; Steven Howell, Esquire for the Plaintiffs) engaged in settlement negotiations to end the investment property relationship and settle all other pending disputes between the parties which included various credits and debits that each claimed against the other. 25. On May 9, 2012 Plaintiffs by and through Attorney Howell sent their first offer to the Defendants as set forth in Exhibit "C" (letter dated 5/9/12). 26. On May 11, 2012 Defendant faxed a counter offer to Attorney Howell as set forth in Exhibit "D" (letter dated 5/7/12). 27. On June 1, 2012 Plaintiffs by and through Attorney Howell sent their second offer to the Defendants as set forth in Exhibit "E" (letter dated 6/2/12). 28. On June 14, 2012 Defendants responded with a letter advising of their retention of local counsel, Tricia Naylor, Esquire as set forth in Exhibit "F" (letter dated 6/14/12). 29. On July 3, 2012 Plaintiffs by and through Attorney Howell sent a draft Escrow and Maintenance Agreement to Attorney Naylor as set forth in Exhibit "G" (letter dated 7/3/12). 30. On July 3, 2012 Plaintiffs by and through Attorney Howell sent a revised draft Escrow and Maintenance Agreement to Attorney Naylor as set forth in Exhibit "H" (letter dated 7/3/12). 31. On July 10, 2012 Plaintiffs by and through Attorney Howell sent a letter to Attorney Naylor regarding the parties' loan, investment property and outstanding debits and credits as set forth in Exhibit "I" (letter dated 7/10/12). 32. On July 12, 2012 Defendants by and through Attorney Naylor responded with a letter as set forth in Exhibit "J" (letter dated 7/12/12). 33. On July 13, 2012 Plaintiffs by and through Attorney Howell sent a letter to Attorney Naylor regarding the parties' loan, investment property and outstanding debits and credits as set forth in Exhibit "K" (letter dated 7/13/12). 34. On July 13, 2012 Defendants by and through Attorney Naylor responded with a letter as set forth in Exhibit "L" (letter dated 7/13/12). 35. On July 18, 2012 Plaintiffs by and through Attorney Howell responded with a letter indicating that: (a) the Defendants must sign the last version of the Escrow and Maintenance Agreement; (b) the Defendants must resume the missed loan payments; or (c) a lawsuit would be filed to collect on the loan and a partition action would be filed regarding the investment property. See Exhibit "M" (letter dated 7/18/12). 36. The July 18`" letter (Exhibit "M") clearly states that if the Defendants refuse to take certain actions that a collection lawsuit and a partition lawsuit will be filed. 37. The July 23`d letter (Exhibit "A"} clearly offers a settlement to the demand set forth in the July 18t" letter. 38. Plaintiffs accepted the July 23`d offer on August 13, 2012 (Exhibit "B") when they drafted the Settlement Agreement and Release and proposed deed. 39. Defendants never withdrew their July 23rd offer to settle prior to August 13, 2012. 40. In Pennsylvania our Supreme Court in Mazzella v. Koken, 559 Pa. 216, 739 A.2d 531 at 536 (1999) held that "[e]ven the inability of the parties to an oral agreement to reduce such agreement to writing after several attempts does not necessarily preclude a finding that the oral [settlement] agreement was enforceable." 41. Following the opinion in Mazzella a Koken, our Superior Court in Mastroni- Mucker v Allstate, 2009 Pa. Super 101, 976 A.2d 510 at 522 (2009) held that "the unsuccessful attempts of counsel to reduce the terms of the parties' settlement agreement to writing does not permit the court to ignore the relevant material facts which are not in dispute." 42. In this case we have a written settlement offer in Attorney Naylor's letter of July 23, 2012 and the court must enforce the terms outlined in her letter which are not in dispute as accepted by the Plaintiffs on August 13, 2012. WHEREFORE, Plaintiffs respectfully request entry of judgment in their favor enforcing the terms which are not in dispute as outlined in the Defendants' written offer to settle dated July 23, 2012. COUNT II: BREACH OF ORAL CONTRACT 43. In April of 2011 Nicholas T. Thimis and Tanya J. Thimis approached the Plaintiffs and requested that they loan them Thirty Thousand and 00/100 ($30,000.00) Dollars. 44. The Defendants requested the $30,000.00 because they did not have sufficient funds to make a down payment on a home in Louisiana. 45. On April 25, 2011 the Plaintiffs tendered $30,000.00 to Defendant Tanya J. Thimis in Pennsylvania. 46. The Defendants used the $30,000.00 as the down payment on the Louisiana home. 47. The parties agreed the Defendant would repay the loan in full by July 31, 2011 once Nicholas T. Thimis "won" a lawsuit he had with his former employer over a breach of contract claim. 48. When July 31, 2011 came and went the Plaintiffs demanded to be repaid and Nicholas T. Thimis told them the lawsuit had been "cancelled" and he did not have the money. 49. Plaintiffs repeatedly requested repayment and in January 2012 Nicholas T. Thimis finally made a single $1,000.00 payment. 50. Defendants have made the following payments on this debt: Amount $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $ ] ,000.00 $1,000.00 $1,000.00 $1,000.00 Date January 2012 February 2012 March 2012 April 2012 July 23, 2012 August 20, 2012 September ] 0, 2012 October 3, 2012 October 30, 2012 51. Although payment in full was due July 31, 2011, Defendants failed to timely make any payments for the months of: Amount Date of Missed Payment $1,000.00 May 2012 $1,000.00 June 2012 52. The outstanding balance due is $21,000.00 and Plaintiffs seek the immediate repayment of the entire balance since the Defendants have breached the agreement. WHEREFORE, Plaintiffs seek a money judgment of $22,000.00 plus an award of court costs and an award of interest from August 1, 2011 to the present in accordance with the statutory judgment rate against the Defendants. COUNT III: BREACH OF FIDUCUARY DUTY SEEKING THE RETURN OF FUNDS BELONGING TO THE PLAINTIFS 53. In the winter of 2011 Defendant Nicholas T. Thimis approached the Plaintiff and asked them to open a separate bank account in his name at M & T Bank. 54. On March 6, 2011 the sum of $1,000.00 was deposited into the M & T Bank account (xxx067) from funds of the Plaintiffs. 55. M & T Bank account xxx067 is titled only in the name of Nicholas T. Thimis with an initial address of 6389 Stephens Xing (sic), Mechanicsburg, PA 17050 as shown on Exhibit "N". (Account Statement dated March 7, 2012). 56. This address is the home address of the Plaintiffs. 57. Defendant Nicholas T. Thimis told the Plaintiffs he would "hold" these funds for the Plaintiffs' benefit. 58. Plaintiffs have revoked the power of attorney previously granted to Defendant Nicholas T. Thimis. 59. Plaintiffs seek the immediate return of the entire account balance in M & T Bank account xxx067 including but not limited to the $1,000.00 initially deposited on December 8, 2011 and all interest on this account to the present time. 60. Defendant Nicholas T. Thimis has changed the mailing address for the account without Plaintiffs' permission. 61. Defendant Nicholas T. Thimis has changed the passwords for online access to the account without Plaintiffs' permission. WHEREFORE, Plaintiffs seek a money judgment of $1,000.00 plus an award of court costs and an award of interest in accordance with the statutory judgment rate against the Defendants. Respectfully submitted, BY: ell Law~irm 19 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiffs Date: November 21, 2012 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 By: Date: November 26, 2012 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. Uwe understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. BY: ~i'~7" K/J Timmy G. 's Date: ,,~ j3 ~ y~ ?!~! 2 BY: s•+j Tassia N. 's Date: ,'~. 3 /~o y, s'~%/ ~2.--- 07/23/2012 1b: 38 $A~uc Attorneys at Law 7172495'- ~' S~~ LLC David A. Boric Michari A. Schtrer 'Trlcfa D. N for BrgE P. Sher' OBS ~...~. 19 West Soutrh Street Carl>tsle, Perttisylven{a 17'(?13 (7'17 249-8873 {717 ?A4-5755 -Fax dbarlcii~'baricscherer.com July 23, 20J2 YL~- FA?~ E O1~LY~ s E91717?~?$ Steven Howall, Esquire Howe(1 Law Firm 619 Bridge fittest New Curuberlend, Pennsylvar-ia 17070 Dear Steven; rraut n t I spoke with Nicholas Thimis this morning and he wcwld like to pttt an ertd to our nogc~liations. He does not wish to put his parent through this process any longer. My else»ts agree to resume making payments under tho loan and intend to rttake a payment tliia woek. In addition, my cliycrtts a4gre® to trt-nsfer the property to your clients in exchactge for being released $om any past or finure obligatirrna relating to tho property. Your clients can then deternune what is fair regarding the distribution'ofony sale procoeds. Please preparro the deed of cotlveyance and s release for my review. Thank you far your pror»pt attention to this matter. Very truly yours, B CSC ` RER L,LC Tries D. Naylor, squire TDN/ar Enclosures cc; Pilo Nichol4s and Tanya Thimis f A u ~. HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 **** VIA FAX 249-5755 **** Trieia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 1'7013 RE: Thimis Rental Property and Loan Dear Tricia: 1 enclose the following: 1. Settlement Agreement and Release; and 2. Proposed Deed. SH/bth cc: Timmy and Tassia Thimis (w/encl.) August 13, 2012 Very truly yours, . .,,..i TRANSMISSION VERIFICATION REPORT TIME 08/13/2012 14:22 NAME : HOWELL LAW FIRM FAX 7177781278 TEL SER.it 080A6J528632 DATE,TIME 08/13 14:20 FAX NO./NAME 2495755 DURATION 00:01:55 PAGECS? 08 T ~ < ODE ANDARD S T ECM ~_ ~~ S~ETTLEIHENT AGREEII~ENT AND RELEASE AND NOW, this day of , 2012 comes Timmy G. Thimis, Tassia N. Thimis and Nicholas T. Thimis, Tanya J. Thimis, and -enter into this Settlement Agreement and Release, as follows: WHEREAS, certain disputes have arisen regarding the rental property located~at 6393 Stephen's Crossing, Village of Westover, Mechanicsburg, Hampden Township, Cumberland County, PA. WHEREAS, the Parties wish to amicably resolve all claims, di~u~tes a~ causes of action between them. NOW, THEREFORE, intending to be legally bound and in receipt of good and valuable consideration the receipt of which is acknowledged, the parties agree, as follows: 1. Nicholas T. Thimis and Tanya J. Thimis shall execute a deed for 6393 Stephen's Crossing, Mechanicsburg, PA conveying their interests to Timmy G. Thimis and Tassia N. Thinus. 2. Nicholas T. Thimis and Tanya J. Thimis are absolved from any past and' future obligations regarding the investment property at 6393 Stephen's Crossing, Mechanicsburg, PA. 3. Nicholas T. Thimis and Tanya J. Thimis acknowledge they have taken no actions to encumber or otherwise cloud the good and marketable title to the investment property. 4. Timmy G. Thimis and Tassia N. Thimis shall have the exclusive right to lessee out the premises prior to any sale of 6393 Stephen's Crossing, Mechanicsburg, PA. 5. Timmy G. Thimis and Tassia N. Thimis shall have the right to receive any rental income until the sale of 6393 Stephen's Crossing, Mechanicsburg, PA. Nicholas T. Thims acknowledges that the generaland/or durable power of attorney he received in the past from Timmy G. Thimis and Tassia N. Thimis has been revoked and that he afs that '~~~ ~~~ he has not used the Power of Attorney in any way to borrow, encumber, alienate, sell, transfer or exercise control over any assets or accounts owned solely or in part by Timmy G. Thimis and Tassia N. Thimis. 6. THIS SETTLEMENT AGREEMENT AND RELEASE IS NUT INTENDED TO RELEASE NICHOLAS T. THIIViIS AND TANYA J. THMS FROM THE I~ERSf~NAL LOAN FROM TIMMY G. THIMIS AND TASSIA N. THIMIS TO NICHOLAS T.. THYMIS AND TANYA J. THIMIS. 7. Nicholas T. Thitnis and Tanya J. Thimis agree to resume making payments on tha personal loan from Timmy G. Thimis and Tassia N, Thimis at the rate of $1,000,00 per month. The outstanding balance was $25,000.00 as of August 1, 2012. The next payment of $1,000.00 is due on or before September 1, 2012. In the event of any defrxult in these monthly payments the parties agree interest at the rate of 6.000% shad be due and all attorney's fees incurred in any collection activity. 8. The $1,000.00 on deposit at M & T Bank Account #1500422452067 shall be returned with the execution of this release to Timmy G. and Tassia N. Thimis. This money shall not be paid in lieu of the $1,000.00 due under Paragraph 1 of this Agreement. 9. The M1911A1 (Colt. 45 Automatic) and its holster, pistol belt and magazine in the possession of Nicholas T.1'himis shall be returned within thirty (30) days to Tommy a. and Tassia N. Thimis. 10. Rel~se. Upon signing of this Agreement the parties do hereby release anal forever. discharge each other, their officers, directors, successors and assigns, of and from a~ and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses, compensation, consequential damage, attorney's fees, claims for contribution . or indemnity, and all other matters which one party may have against the other, either known or unknown, from the beginning of time to the date of this Agreement. y~ ~~ 11. No Admission. The Parties agree that this settlement is the compromise of claim which are disputed and that any payment, settlement or release is not. to be construed as an admission of liability by the persons, firms, and corporations hereby releasmcl, by wh4rn all liability is expressly denied. 12. Aunt FuilX Understood. By their signatures affixed hereto, each of the Parties acknowledges that they have read the Agreemerrt, have had the advice of cotmsel pertaiiting thereto, knows its contents, and understands its terms and effects, prior to the time of execution. [3~natures to fo~w-] - ~/ `~./ ~I';'rQ'~~g ~TEO~, and intending to be legally bannd, the Parties ha~-e exes~iod this Agredment as of the dates written below. ATTEST: Timmy G. Thimis sy: Timmy G. Thimis Tassia N. Thimis By: Tassia N. Tlmmis Nicholas T. Thimis ay: Nicholas T. Thimis Tanya J. Thimis ay: Tanya J. Thimis ~~ Tax Parcel No. 10-19-1604-215 THIS DEED MADE THE day of the~usand and twelve (2012). in the year of our Lord two BET'tifEEN NICHOLAS T. THIMIS and TANYA J. THIMIS, husband and wife, of Luling, Louisiana, parties of the first part, Grantors, And TIlViMY G. THIIVIIS and TASSIA N. THIMIS, husband pmd wife, of Hampden Township, Cumberland County, Pennsylvania, parties of the second part, Grantees: W!~"1Y1ETH, that fn consideration of One --- (~(1. DO) --- Dollar, in ltarad pe#d the receipt whereof is hereby acknowledged the said Grantors do hereby grant a~1 convey to the said Grantees, their heirs and assigns, as tenants by the entirety, all of their right- title and interest, being an undivided one-half interest in the following: ALL THAT CEi2TAIN Unit in the property known, gamed and ident~ed in the Declaration Plan referred to below as STEPHEN'S COURT GAMMA, situate in the Village of Westover, Hampden Township, Cumberland County, Pent~ylvana which has been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196 (68 P. S. 700.101, et seq.), bg recording in the Office of the herder of Deeds of Cumberland Couaty, Pennsylvania, of a Declaraxion dated September 7, 1979 and regarded in Miscellaneous Book 246, Page 382, and Declaration Plan dated Sepeyanber 7, 1979 and recorded in Plan Book 36, Page 55, and a Code of Regulations, Exhibit "B" of said Declaration, descried as follows: BLTN~ and designated on the Declaration Plan as Unit C-5 with detached garage, sand garage designated on the Declaration Plan as Unit C-S-G, together with an utulivided interest ~ipurtenant to the Unit in all Common Elements. (as defined in the Deettron} of 16 2/3°l0. The Unit is municipally numbered as 6393 Stephen's Crossing, Villago of Westover, Mechanicsburg, Pennsylvania BEfl~r the same premises which Timmy G. Thimis and Tassia N. Thimis, husbm~d aad wife, by deed dated June 2, 2009 and recorded June 4, 2009, in the office of the Recorder of Deeds,. in and for Cumberland County, at Carlisle, Pennsylvania, in Insttt>fficnt Number 200918672, granted and conveyed to Timmy G. Thimis and Tassia N. 'I'himis, husband and wife, as tenants by the entirety, holding as joint tenants with •r~ht of survivorship with Nicholas T. Thimis and Tanya J. Thimis, husband anti -wife, as tEnauts ` ' . ~..~• by the entirety, The June 2, 2009 deed erroneously refers to Nicholas (}. Thins when the correct spelling is I~Ticholas T. Thimis IT IS the intent of the within deed to convey all of the right, title and interest-of N,~holas T. Thimis and Tanya J. Thimis to Timmy G. Thimis and' Tassia N. Thins, thereby vesting title in fee simple solely in Timmy G. Thinus and Tassia N. Thimis, husband and wife, as tenants by the entirety. t~V1'Il'~T conveyance is from son and daughter-in-law to parents, and is, tlim~efore, exempt from realty transfer taxes imposcd by the Commonwe~th of Pennsylvania, Hampden Township, and West Shore School District. Al~lD the said Grantors do hereby covenant and agree that they will warrant SPECIAI,~Y the pr®perty hereby conveyed. 11V l~i'fTNFSS »EREOF, said Grantors have hereunto set their hands and seals this dory and tear fast above written. S'igneriy Sealed, and Delivered fn die Presence of (SEAL) NICHOLAS T. THINIl'~ COMi~iONWEALTH OF PENNSYLVANIA (31AL) TANYA J. THIMIS SS COUNTY OF On this, the day of , 2012, before me, a Notary Public in and foa said State and County, the undersigned ofiFicer, personally appeared NICHOLAS T. THI1wtIS, Ctraator heteih, kaown to ma, Eor satistiu~ory proven) to be the person whose name is subscxibed to the wiffiiu instrument, and at~wledgeKl that' he executed the same for the purposes themin coned. IN WI'1'1~1E&S ~EI~OF, I horounto stet my hand and official seal. Notary Public My Commission Expires ~ .~/' ~~ COi~tMONWEALTH OF PENNSYLVANIA COUNTY OF . SS On thi:, the day of , 2012, before me, a Notary Public In and for said State and County, t~ undarsigned ot~csr, personally appeared TANYA J. TI~MiS, Cira~ttor heron, lmown to me, (or satisfactory proven) to be the person whose name is subscribed to the v-4ithin instr~anent, and acknowledged that she executed the same for the purpo~ therein contained. IN W1TNE~$1PirIIEREOF, I hereunto set my hand and official soal, Notary Public My Cammissian Bxplres I do hereby certify that the precise residence and complete post office address of the within naffied Grantee is: Timmy C~.: and Taasia N. Thimis 6389 Stephcns Crossing Mechanicsburg, PA 1'705 S Steven Howell, ~squixre Attorncy HOWELL LAW FIRM Nicholas T. Thimis and Tanya J. Thimis 117 Live Oak Lane Luling, LA 70070 RE: 6393 Stephens Crossing, Mechanicsburg, Pennsylvania Dear Mr. and Mrs. Thimis: I have been retained by Timmy and Tassia Thimis to negotiate the transfer of the investment property. My clients propose the following: 1. A transfer by Deed for the property back to my clients. 2. My clients would be solely responsible for any capital gains taxes due when the property is sold. 3. The allocation of any equity would be as follows: Fair Market Value Less Real Estate Commission Less Realty Transfer Tax Less Less Mortgage Payoff Subtotal Le ital Gain Taxes Lessal and Recording Fees Net Proceeds from Sale Net Proceeds to Nick and Tanya Less Down Payment Amount Owed to My Clients $162,500.00 (Current Fair Market Value) $ 9,750.00 (6% Commission) $ 1,625.00 (1% Due from Seller; Buyer Pays 1%) $ 1,625.00 (Miscellaneous Costs Paid by Seller) $116.000.00 $ 33,500.00 $ 6,700.00 (Estimated 20%) ' 45 .00 $ 26,350.00 _ 2 = $13,175.00 each married couple $ 13,175.00 ~, 16,y107.00 $ 2,932.00 The amount of $2,932.00 would be added to the outstanding balance due for the down payment money lent by my clients for the purchase of your Louisiana home. Please feel free to contact me if you have any questions. My clients request a response within the next twenty one (21) days prior to proceeding with a partition action. In the alternative, if you agree to execute a deed before May 31, 2012 my clients shall waive the claim to $2,932.00 and agree the capital gain tax will be their burden. SH/bth cc: .Timmy and Tassia Thimis ' Very truly yours, ~~_~ Ste Ho ell, Esquire i D~&T f ~ 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 May 9, 2012 May 7, 2012 ~ Mom- & Dad, Hope you're both doing well. Since you won't accept my calls or the fact that I agreed to sell the property on my phone messages. I am writing this letter to convey the letter of "Agreement to Sell" attached. I wish you would have taken the time to call the state and see how they deal with these issues. Its true that you have to report the asset when you need the care of a nursing home but the state recommends that you do not liquidate the property until you need to. They will not kick you out of the home as you were led to believe but they will request payment and or force sale far your share to be applied for your care if required. Assume selling price @ FMV 165K 165,000 X 6% real estate commission 9.900 Balance 155,100 ^-~ ~~1~ ;tee of 105K minus 105.000 Balance 50,100 In regard to the question about our contribution of ~4 of the down payment, if you remember you had asked everyone else before asking us to join in this acquisition. If you were giving tt away for free I am pretty sure someone would have taken you upon the offer. Disbursement: Mom & Dad 25050. Nick 25050. Checking -2500. +2500. Approx balance $5000. prior to closing joint account in Dec 2011. Unreimbursed Exp -3920. +3920. If paid from personal account, otherwise 7840. SU&TOTAL $1 ' g30 $31470. +26000 -26000 debt TOTAL $44,630. $'5470• The reason expenses were not compensated when performed was my decision to maintain a balance (n the account for unexpected expenses and so you would not have to be concerned about anything. Also, as I pointed out in April on a phone message, the tenant has given notice and will vacate on June 15th. Since there isn't any contact with me, I have no idea what you want me to do, When we invested in this property 10 years ago 1 said that this was my retirement plan and now that's changed. At any rate, please expedite the sale so you can relax. With Loue, Nick € Ex f BTI' D AGRE ZENT REGARDIATG SALE OP PR 1ERTY This is an agreement among TIlVIlVIY G. TI-IIMIS, ("Timmy") TASSIA M. THIlVIIS ("Tassia"), NICHOLAS T. TF-IIMLS ("Nick") AND TANYA J. THIMIS ("Tanya"); that: WHEREAS they are the owners of that certain piece of property described as: "ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration Plan referred to below as STEPHEN'S COURT GAMMA, situated in the Village of Westover, Hampden Township, Cumberland County, Pennsylvania, which has been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3,1963, P.L. 196 (68 P.S. 700.101, et seq.), by recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration dated September 7, 1979 and recorded in Miscellaneous Book 246, Page 382, and a Declaration Plan dated September 7, 1979 and recorded in Plan Book 36, Page 55, and a Code of Regulations, Exhibit 'B" of said Declaration described as follows, to-wit: BEING and designated on the Declaration Plan as Unit C-5 with detached garage, said garage designated on the Declaration Plan as Unit C-S-G, together with an undivided interest appurtenant to the Unit in all Common Elements (as defined in the Declaration) of 162/3%. The Unit is municipally numbered as 6393 Stephen's Crossing, Village of Westover, Mechanicsburg, Pennsylvania. BEING the same premises which Nicholas T. Thunis and Tanya J. Thimis, husband and wife by their Deed, dated August 10, 2007 and recorded on September 4, 2007 in Instrument Number 200734330 granted and conveyed to Timmy G. Thimis and Tassia Tbimis, husband and wife, the Grantors herein." WHEREAS, they aii desire to sell the Property for a sum to be agreed among them at the time of the receipt of a written offer or offers, their agreement as to price also to be in writing, including a mail transmission and; WHEREAS Timmy and Tassia will put the Property on the market with a reputable broker and will, at the time of sale, open a new checking account in their names in which to deposit the net proceeds of sale ("New Account) and will deposit the proceeds therein and; WHEREAS upon receipt of such net funds and its deposit, from the New Account they will either return the tenant's deposit to him or her or pay ft over to the buyer of the Property, whichever is appropriate at the time and; WHEREAS, Timmy and Tassia acknowledge that there are outstanding debts in the sum of Seven Thousand Eight Hundred Forty and no/100 Dollars ($7840.00) for Improvements made to the property that were not accounted for in 2011 (copies attached); and from the net proceeds in the New Account they will pay such sum, one half to each Nick and Tanya before dividing the remaining proceeds and; WWEREAS, Nick and Tanya acknowledge an outstanding amount of Twenty-Six Thousand and no/100 Dollars ($26,000.00) and from the net proceeds in the New Account they will pay such sum, one half to each Timmy and Tassia before dividing the remaining proceeds and; MfHEREAS, Timmy and Tassia wil' y over to Nick and Tanya each one-fourt}~the remaining funds in the New Account after full disclosure of the funds that hac'~previously been deposited in an account that they maintained with respect to the Property and closed in December 2011 and to the extent that such disclosure might show add}tional funds due to Nlck andfor Tanya pay those amounts to each of them from Timmy and 7assia's shares. WHEREAS, A complete audit will be conducted on closed Joint checking account for missing funds to determine extent of further action. WHEREAS, this agreement will be enforced for a period of 6 months of the last signature. Agreed to and executed by each party as of the date haloes each signature and effective as of ~ date of the last signature. WITNESSES: Printed Name: Printed Name: Printed Name• Printed Name: Tunmy G. Thimis Date: Tassia N. Thintis Date: Nicholas T. Thimis Date: Tanya J. Thimis Date: .~ /-~ HOWELL LAW FIR11~ 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 June 1, 2012 Nicholas T. Thimis and Tanya J. Thimis 117 Live Oak Lane Luling, LA 70070 RE: 6393. Stephens Crossing, Mechanicsburg, Pennsylvania Dear Mr. and Mrs. Thimis: As a follow up to my letter of May 9`", my clients have agreed for settlement purposes to only seek reimbursement of %z of the $20,107.00 ($4,000.00 down payment and $16,107.64 at closing) needed to acquire the property in 2002 and propose the following: 1. A transfer by Deed for the property back to my clients. 2. My clients would be solely responsible for any capital gains taxes due when the property is sold. 3. Splitting the rental account 50/50 with your share being applied to any outstanding balance set forth in Paragraph 4. 4. The allocation of any equity would be as follows: Fair Market Value Less Real Estate Commission Less Realty Transfer Tax Less Less Mortgage Payoff Subtotal Less Capital Gain Taxes Less Legal and Recording Fees Net Proceeds from Sale Net Proceeds to Nick and Tanya Less''/z of Down Payment Less''/z of Closing Down Payment Less 12 months of condo fees Less M & T Bank Account Less Outstanding Loan Balance Less Check No. 389 (8/7/10) Less Check No. 390 (9/27/10) Less % of Cleaning/Maintenance Subtotal Plus %z of Unreimbursed Expenses TOTAL DUE FROM YOU $162,500.00 (Current Fair Market Value) $ 9,750.00 (6% Commission) $ 1,625.00 (1% I3ue from Seiler; Buyer Pays 1%) $ 1,625.00 (Miscellaneous Costs Paid by Seller) 1 5 651.00 (As of 6/1/12) $ 43,$49.00 $ 3,232.00 . $ 450.00 $ 40,167.00 _ 2 = $20,083.00 each married couple $ 20,083.00 $ 2,000.00 (Advanced by Parents) $ 8,053.00 (Advanced by Parents) $ 1,500.00 (You occupied house but did not pay fees) $ 1,000.00 (Account xxx067) $ 26,000.00 (Down~Payment on Louisiana Home) $ 392.00 (Check to you but no receipts) $ 402.00 (Check to you but no receipts) 375.0 (Estimated $750.00 for tenant moving out) $ (19,639.00) 2 032.00 (Legitimate reimbursement from $4,065.00) $ 17,607.00 Page 2 (6/1/12) With regard to your accounting, the Kenmore washer and dryer were never worth $400.00 because they were ten years old when placed at the property. You may have the appliances back if you wish. My clients view only $4,Ob5.00 of the $7,840.00 you identified as being legitimate and of that sum %z was your obligation. Since no payment was made in May 2012 for the,loan for the Louisiana home, my clients request the payment of the $17,607.0:() within thirty (30) days. SH/bth cc: Timmy and Tassia Thimis Very truly yours, ~, June 14, 2012 Steven Howell Howell l,ow Fkm 619 Bcf~e Street New Cumberignd, PA 17070 Mr. Howell, Per vur phone conversation of June 8, 2012, you asked meta respond to you by tune ~,5, ZOx2, After careful review, we dispute the figures as presented. We would also remind you that this remains a )Dint business venture and we request full disclosure as to the tenant status far 6393 Stephens Crossing and ttee location and balance of the missfrtg ldnt ~edking aceauat. finds that w~ere;previausly in vur.account at Members 1u bank. We witi continue to wank towand an amicable aire+amenr. Atl future communications should be direcead to the +counsel we have retained. Har t~3ntact information is: Tricia Naylor 19 W. South Street #1 Carlisle, PA I'741~-344 717-249-6$73 5lncereiy, Nickand Tanya Thfmis € IB u ~"~ HOWELL L,AW FIRM 619 Bridge Sweet, New Cumberland, Pennsylvania 17070 Tdephonc 717-770-1277 Fax 717-770-1278 * * * * VIA FAX 249-5755. July 3, 2012 Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 RE: Thimis Rental Property and Loan Dear Tricia: As a follow up to our conversation late Friday, June 24`h, I enclose a draft Escrow and Maintenance Agreement along the lines we discussed. With regard to the $30,000.00 loan my clients made to your clients so they could purchase the Louisiana home, the monthly payment of $1,000.00 for the remaining $26,000.00 must commence immediately. There was no payment for June 2012 or July 2012. Please let me know by July 15~h when the $2,000.00 is going to be paid. Very truly yours, SH/bth Enclosure cc: Timmy and Tassia Thimis (w/encl.) z ~ r Esquire ,_ ~ .. ESCROW AND MAINTENANCE AGREEMENT AND NOW, this day of Jnly 2012 TIMMY and TASSIA THIMIS (OWNERS) and NICHOLAS And TANYA THIMIS (CO-OWNERS) who own 6393 Stephens Crossing, Mechanicsburg, Pennsylvania as joint tenants with right of survivorship hereby covenant and agree as follows in exchange for $1.00 and other good and valuable consideration: 1. The parties agree to list the property with ReMax for a listing price of $ at % sales commission subject to the specific terms and conditions set forth in the listing contract. The parties agree to cooperate with the listing broker in regard to all showings and recommendations to effectively market the property. 2. The parties agree that at closing the sale's proceeds shall be used to pay in full any existing mortgages, liens, taxes, municipal assessments, utilities, sewer, water, trash and any other item that would preclude the transfer of good and marketable title to the buyer/s. If the parties do not agree otherwise prior to closing, any other net proceeds from the sale of the home shall be held in an escrow account in the name of Steven Howell, Esquire and Tricia Nailor; Esquire as Escrow Agents for Timmy and Tassia Thimis and Nicholas and Tanya Thimis. Any interest on the account shall be divided equally and one half (1/2) shall be reported to the Internal Revenue Service and any other taxing authority as taxable income on behalf of each couple. The account statements shall be made available to both counsel as escrow agents. 4. The parties agree that each month they shall contribute one half (%Z) of the following charges: $790.40 (mortgage); $125.00 (condominium association fee); and $51.68 (quarterly garbage/sewer bill is $155.04 _ 3). This payment shall be due from Nicholas and Tanya Thimis to Timmy and Tassia Thimis and deposited into the property management account on or before the 21't of each month preceding the 1St of the month when the mortgage payment is due. The first payment of $483.54 ($967.08 _ 2) for the month. of July 2012 is due immediately from Nicholas and Tanya Thimis. The next payment of $483.54 shall be due on or before July 21St for the month of August 2012. Each month Timmy and Tassia Thimis shall provide Nicholas and Tanya Thimis a copy of the property maintenance account showing that the mortgage, condominium association fees and quarterly sewer/garbage fees were paid each month for the expenses outlined in Paragraph 4. u ~~ 6. After payment of any additional invoices or bills for the property such as -- electricity, water, routine maintenance, special assessments from the Homeowners' Association, and yearly insurance premiums, Timmy and Tassia Thimis shall provide the paid invoices and bills to Nicholas and Tanya Thimis and within fourteen (14) days they shall then reimburse Timmy and Tassia Thimis with one half (1/2) of the invoice/bill for other additional expenses including but not limited to electricity, water, routine maintenance, special assessments and yearly insurance premiums. 7. The rental account's last three monthly statements are attached to this Agreement as Exhibit "A". With the return of the security deposit of $1,350.00 to the last tenant, there shall remain a balance of $1,987.44 in the account. This account shall be used to pay the expenses outlined in Paragraph 6 (electricity, routine maintenance, special assessments, yearly insurance premiums, water and the like) but the parties agree that $1,000.00 of the $1,987.44 shall remain as a minimum account balance and may only be spent for an extraordinary expenses such as a major plumbing or heating failure or an uninsured property loss. 8. The parties release the escrow agents from all liability in the management of the escrow account so long as the funds are placed in a federally insured account and any withdrawals require both escrow agents' signatures. By: Date: By: Nicholas and Tanya Thimis shall provide within ten (10) days the name and address of the tenant who has vacated the property so his security deposit can be returned. Timmy and Tassia Thimis do not have a completed copy of the last lease arranged by Nicholas and Tanya Thimis. By: Timmy Thimis Tassia Thimis Date: By: Nicholas Thimis Tanya Thimis Date: Date: ~_..° TRANSMISSION VERIFICATION REPORT TIME 07/03/2012 09:08 NAME : F~4+JELL LAW FIRM __ FAX 7177701278 TEL SER.# : 000A6J528b32 DATE,TIME 07/03 09:07 FAX NO.INAME 2495755 03:00:57 PAS (S~ T ST ANDARD ECM '~ U HOWELL LAW F~ IRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 * * * * VIA FAX 249-5755 * * * * July 3, 2012 Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 RE: Thimis Rental Property and Loan Dear Tricia: I have enclosed a revised agreement including the. monthly statements reflecting the corrected balance for the rental account. Please disregard the fax sent earlier this morning with the prior draft. SH/bth Enclosure cc: Timmy and Tassia Thimis (w/encl.) EXFp tT s Verv truly yours, ~' ~SC~OW AND MAINTENANCE AGR~EM~NT AND NOW, this day of Judy 2012 TIMMY and TASSIA TI~IM)ES (OWNERS) and NICHOLAS And TANYA THIMIS (CO-OWNERS) who own 6393 Stephens Crossing, Mechanicsburg, Pennsylvania as joint tenants with right of survivorship hereby covenant and agree as follows in exchange for $1.00 and other good and valuable consideration: 1. The parties agree to list the property with ReMax for a listing price of $167,500.00 at 6.0 % sales commission subject to the specific terms and conditions set forth in the listing contract. The parties agree to cooperate with the listing broker in regard to all showings and recommendations to effectively market the property. 2. The parties agree that at closing the sale's proceeds shall be used to pay in full any existing mortgages, liens, taxes, municipal assessments, utilities, sewer, water, trash and any other item that would preclude the transfer of good and marketable title to the buyer/s. 3. If the parties do not agree otherwise prior to closing, any other net proceeds from the sale of the home shall be held in an escrow account in the name of Steven Howell, Esquire and Tricia Nailor, Esquire as Escrow Agents for Timmy and Tassia Thimis and Nicholas and Tanya Thimis. Any interest on the account shall be divided equally and one half (1/2) shall be reported to the Internal Revenue Service and any other taxing authority as taxable income on behalf of each couple. The account statements shall be made available to both counsel as escrow agents. 4. The parties agree that each month they shall contribute one half (''/2) of the following charges: $790.40 (mortgage); $125.00 (condominium association fee); and $51.68 (quarterly garbage/sewer bill is $155.04 _ 3). This payment shall be due from Nicholas and Tanya Thimis to Timmy and Tassia Thimis and deposited into the property management account on or before the 21a~ of eacfi month preceding the 1 Sc of the month when the mortgage payment is due. The first payment of $483.54 ($967.08 ~ 2) for the month of July 2012 is due immediately from Nicholas and Tanya Thimis. The next payment of $483.54 shall be due on or before July 21 S` for the month of August 2012. Each month Timmy and Tassia Thimis shall provide Nicholas and Tanya Thimis a copy of the property maintenance account showing that the mortgage, condominium association fees and quarterly sewer/garbage fees were paid each month for the expenses outlined in Paragraph 4. '~: ~ 6. After payment of any additional invoices or bills for the property such as electricity, water, routine maintenance, special assessments from the Homeowners' Association, and yearly insurance premiums, Timmy and Tassia Thimis shall provide the paid invoices and bills to Nicholas and Tanya Thimis and within fourteen (14) days they shall then reimburse Timmy and Tassia Thimis with one half (1/2) of the invoice/bill for other additional expenses including but not limited to electricity, water, routine maintenance, special assessments and yearly insurance premiums. 7. The rental account's last three monthly statements are attached to this Agreement as Exhibit "A". With the return of the security deposit of $1,350.00 to the last tenant, there shall remain a balance of $1,289.12 in the account. This account shall be used to pay the expenses outlined in Paragraph 6 (electricity, routine maintenance, special assessments, yearly insurance premiums, water and the like) but the parties agree that $1,000.00 of the $1,289.12 shall remain as a minimum account balance and may only be spent for an extraordinary expenses such as a major plumbing or heating failure or an uninsured property loss. 8. The parties release the escrow agents from all liability in the management of the escrow account so long as the funds are placed in a federally insured account and any withdrawals require both escrow agents' signatures. 9. Nicholas and Tanya Thimis shall provide within ten (10) days the name and address of the tenant who has vacated the property so his security deposit can be returned. Timmy and Tassia Thimis do not have a completed copy of the last lease arranged by Nicholas and Tanya Thimis. By: By: Timmy Thimis Tassia Thimis Date: Date: By: By: Nicholas Thimis Tanya Thimis Date: Date: • ~ J eoo~ uls~Dtwe;Statement o€ Accounts ti.f~. Fo, 0 ... _ lee~aa t~o.aaro+~ P°"'~ May 25, 2012 thru .lun 24, ?A12 .~ IMaN~ Swttthb011tds (800) 2tj&2924 ez Gil: (tt7j ~» or (d0U12dN872 ACCt7unt Number : ® 7DD: (117)68~•69t2a(d00)263~23?dsM.53t2 .~ . r TeM&,snch: (800)237`•7288 .,,,,~ .. st _ Balances at a 4fance: _. S8{VIt1#~S: ~.VQ ~~~~ ~ C@rtj{CBtBS: ~.~ -- 1,., lll,., ll l.~ «t, l,lt.,.,, 1, l„I I ~,l, ~ I t, ~ ~ i t„I ~ G 1, ~ ~ t ~ ~ if TtM G rHrMis Loans : 0.00 ._. TAS31A THIMtS Money Me~a~ement: 0.:00 ~tEct AN~ sB R~iPA 17050 Sw+pe 5 YTO Rew~d : O.OU . 1 of 2 :Y Your current Member Loyalty Rewards level is Titanium. ~'i0 A W~1 ti$ftA~st1~l~1tt81 See xlte ,1sa~osed insert for more detaliis. GHf~G AC~t)t1i~iTS ~~~ - eti~eri ~ w' 31 ~'~'V° ruwwsv ~.. T..... ""'! DOpbilf bhridefld 0.100'0 0.29 3 , 2'f4.86 ~'~! ~ YA~f faerr-sd 0. fAf1~6 !Yarn Gl~i/0!11+!1!? dhvbe~/~ GK'/3!/,2~Df2 6~sed on ~rar~ G1Mj~ >~~ of 3; 3..34 'Jun 01 Deposit by Cheek 1,360.00 4,6?A.Bb Jun 04 Check 0001fl7 TrAeat 0002552461 ` 7910.40- 3,83A.2S Jun 12 Chock 000108 Tracer 0001125371 t2b.a0- 3,7t#9.26 Jun 2t Endhg a~mae 3.7'09,26 CHECK 3tJMMARY 000107 780.40 Jun 04 108 1 .00 Jun 12 ? Checker tad $r 9l6.4r? SASS ~CCCIUNTS ooao • RECt~it.a~ ~~~ Jun 20 t->,~ 6o,ftas as:oo ors • ~+t~Y lranir ~+r ~ . Fo~nrara o:oa --- Contbxied bn ~foMorrirtg. pegs ... -~~d~emerlt of Accounts :~c ~ ~ ~ ~~ ~ .~ '° ""•~''•'y~,•~17°~~ Apr 25, 2012 thru May 24, 2012 •... www.morn ,sccrg; ~;'' •: ~" '; Ntsln swhchaoaFd: " ' ~ : (aao) 29a•2'~2a , ,~ (117) 897.372 a 1800) 283x1372 Account ~lurnber ; ~ 700: (7 ~ 7) 867=b312 a (800) 289.2328 ozl. 5312 `o ' TiefsBranCh: (800) 237-7288 , , ' ~ ~d ,. BalE9nc:@S at a C31ar108: ~~.rr u`no>V Checking : 3, 274.36 ~ ~~, Savings : 2g, Qp ~,, ~~.i~„1~1~1/N~,1,~1,~~-1l-,t„ti,,,ll„l,f,f„~F1Ji.: CertPficates: p.00 rIM v 1'H)Mis Loans: 0.©0 rassiArHiMis Money NJanagamertt: 0.00 MHANI~SBUa~ia,a ~~050 Swipe 5 YTD Reward : 0. QO Pala : 1 of 2 Your eurrer-t Member Loyalty F~ewi~rds levet Is titanium. Went to eam move-extra cash? Take. ad~~~pe of our Ci0.~M4i1 rei~arral program. Ask err assc~ciale Pox details. - - - .~~ CH~~I~ AGCC)U~tTS 00'li - CFIE~i~1NO Olv)dand 0.10096 0.23 78 2 x ~N Mg' ~' ErM~od O. f~K thirrt f)4/O1/.?n!? D~SwgV~ G~/3D/2t7J? , . dleolsd on Ate QMy+ of ?, X39.71 - AA'ay 01 Deppsit by Check 1,340.00 Msy 02 Check 00010.5 Tracer ooQ1301904 / .~~ t~,~g May 16 Check 000106 Tracer 00D1214355 / 790.A4- 3.399.98 125.00- 3 274 38 May ?d E»drslq ~bnras , . 3,274.38 CHECK SUMMARY Check ~ m;~t ~- Date C~sck 1>f 000105 780.40 May 0~2 004408 2 Cttsaks Ckwyld for 8 13.40 Rm~~„ 125.00 May 16 Sa'1~5 ACCDI~NTS . OOttfl - REBULAR ~A'Vte[ti?S ~ ~~' ~6nace 2b.OG 25.00 - aroi~- AfiAt~IE;~Mf~IT T ~ ~'~ 4.00 0.00 _.- Col~inuee on following page --- ~ b ow • '+4~• Qrnn Z~.- wnw.mrrtibips1sL01~ k•:'•' >•~ INdn9wk3Apoarelr taco>28&t328 ~. ~ :r EZ CafS: (777) aB7.4972 a (aool X4312 ~¢Y`. ® Tac: (717} 6®1-li91P or (eocl ~s-zs~aaa ss~2 T.-.eranus: (eoo~ zs1.72ea MSS ~~ FIDI3RALt'RBDt'1' ilN[ON h~ ,~~11L~,~1~1~11~~~~~Ll~~ll.~l~~l!-,~U~~I~ItL~~ •„tl 71AA G THtMIS TA381A THIMtS 82~ 8TEP)iEI4S xrNa MECHANICSBURG PA 17050 N~Statement Qf Accounts .cr Mar 25, 2012 thrx.t Apr 24, 2012 Actrount Number: ~ Balances at a 4lartaa: Checking: 2,839.53 Savings : 25.00 Cerf iflcates : 0.00 Loans: 0.00 Money Management: -0.00 Swipe 5 1~'TU Reward ; 0.00 Page: 1 of 2 Your currisnt Member Loyalty Rewards level is Titanium. We've made our websitbe easier to us+a1 S+la~ttHe~ertdosed insert for more details. CN~G`#CiNG ACCt~U~I~iTS Ofit1 - CNECKIMl3 Mier 2!S F~td 2,404.9Ci Apr 03 peposit by Check 1,350.00 2,754.93 Apr O:ii Check 000103 Tracer 0001297744 18Q.40- 2,984.63 Apr t0 Check 000104 Tracer 00012~T9U4 128.00- 2,839.!13 Apt 2/ Ena~j 2,838.63 Ch~CK SUt~U1RY 040103 790.40 Apr Q3 000144 1"l~S.UO Apr 1u 2 Chsgts G~vari lI~ 915..Id SA'UtiNGS AC+~C~U~iTS OOQO -1REtitiLAR 3AVING8 1~6t- T ~ Ac>~ons 3u Balance th4tt ,2lS f©rw>N-ri 2b . 00 Eqpt Z4 F-~niaM~g 9eh+lrx ~ 26. a0 0066 - MO~~Y M#iA~MLNT A~rr 25 l~iwir~it 0.00 ~1Pt ?f ~P testes 0.00 `rTD SIJMM~ArRtES TOTAL. DNIDl:Np8 pfUt3 0000 REt3ULAR SAVINGS a.00 COriii11U8d OA f4MON~'Ig --- '~ • - TRANSMISSION VERIFICATION REPORT • TIME 07/03/2012 15:10 NAME I-i~JELL LAW FIRM -FAX 7177701278 TEL SER.# 000A6J528632 DATE,TIME 07!03 15:08 FAX NO.lNAME 2495755 DURATION 00:01:54 PAGE(S) 06 T h~ STANDARD ECM u ~J HOWELL LAyV FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 **** VIA FAX 249-5755 **** Trivia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 RE: Thimis Rental Property and Loan Dear Trivia: July 10, 2012 I had my clients review the payment history on the $30,000.00 loan and your clients made payments of $1,000.00 for January 2012, February 2012, March 2012 and April 2012. Therefore, $26,000.00 remains due but the payments for M~.y 2012, June 2012 and now July 2012 are delinquent. The $3,000.00 delinquency must be cured and please let me know by July 15th when the $3,000.00 is .going to be paid. The security deposit has been mailed to the tenant after Tanya Thimis provided the address on July 6, 2012. One final note, Timmy and Tassia Thimis have asked me to inform you that they do not wish to receive any telephone calls from Nick or Tanya Thimis. Apparently Tanya telephoned on July 7th demanding to know why the tenant's securi~y deposit check had not been issued when the address only arrived via the mail on July 6 from Tanya and Nick. SH/bth Enclosure cc: Timmy and Tassia Thimis (w/encl.) S G Very truly yours, TRANSMISSION VERIFICATION REPORT TIME 87/10/2012 08:50 NAME HOkIELL LAW FIRM FAX 7177701278 TEL SER.## 000A6J528632 DATE, TINE: 07/10 08:50 FAX NO./NAME 2495755 DURATION 00:08:22 PAGE(S) 01 RESULT OK MODE STANDARD ECM CI ! 1 1 L( Lbl L 11 : ,i.i / 1 ('L4`J;'"~ Utf`.i i-., F'Hl7t bl Baxzc Attorneys at .Law ScH~~x LLC David A. Banc Michael A. 3chtrer Trlcia D. Naylor Bret' P. Sha}jer 19 West SOUttt Street Carlisle, Pesu~sylvania 17023 (?17) 249-6673 (717} 2495755 -Fax dbaric~ttbaricsclnrrer.cozn July 12, 2012 y><A _ A,C3#~E 11~'L T4: T 'T)7y Stevan Howa11,1~,aquire Howell Law Firm 619 Bridge Stt~eet New Cumberland, Pannsytvania 17070 Dear Steven: I havt reviewed the Escrow and Mairttenanca Agroemettt along with the bank xtatiernenta fat You provided. ! have a few changes to be made to the agr+eernent. Plaeaie email the agre~r~errt In Word format, so that 1 may make the changes. 1 wilt track my changes, so that you can review it eaeiiy. Phase provide. ma with a copy of the moat recant mortgage statotnent fbr this property. Also, T am not able to reconcile the bAlanat that is in the now aecaunt against the previous aceourrt. Attached is the February 24, 2412 bank statement for account no. 214622. Please have yoor clients provide documentation and an explanation for the amounts withdrawn from the account in February 2012 (52,000 and $3,409.99}. Please also provide copies of the naw account statement from its beginning deposit. 1 would also tike documentation and an explanation for other amounts withdrawn from and deposited to account no. 214672. The amounts that I am reParring to ere circled en the attached bank smterrrrentc from December 24, 2009, February 24, 2010, March 24, 2010 and June 24, 2010. Once we havo this documentation, wa will be obit to enter the correct amount into the agreement. very truly yours, B iC ER )<. T is D. N , Esqu TDN/ar cc: File Nicholas and Tanya Thimis _ ~~ ~~ HOWELL LAW FIRM - ~ 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 ** * * VIA FAX 249-5'155 * July 13, 2012 Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 1tE: Thimis Rental Property and Loan Dear Tricia: In response to your fax of July 12`f', the- letter did not include the enclosure referenced in Paragraph 2 (2/24/12 Statement for Account xxx672). Please forward this document and I will send it to my clients. As to your inquiry I have asked my clients to provide: (1) most recent mortgage statement; (2) copies of the new account from its inception; and (3) the nature of the alleged withdrawals of $2,000.00 and $3,009.99 in February 2012. With regard to the Escrow Agreement, please send me the proposed revisions and I will review them. I do not like to send documents via email because of the numerous security breaches that are possible not to mention meta data and the like. I realize this puts me in the "Luddite" camp, but my office computers are free from the problems that plague other lawyers and we have no meta data issues. Finally, while the rental account issues are sorted out there is still no excuse to the continued nan-payment of the $1,000.00 due for May, June and July 2012. There aze sufficient funds in the equity of the home to take care of any concern by your clients but the regular payments must resume with the arrears brought current. Will you accept service of a complaint should this problem continue to fester beyond July 20`x? Very truly yours, i---~-^ ,.8feven Howell, Esquire SI-i/bth cc: Timmy and Tassia Thimis (w/encl.} € ~. \ ~ ,. TRANSMISSION VERIFICATION REPORT TNA1~ 07/13/2012 FIRMS FAX 711278 TEL SER.## : 000A6J528632 DATE,TIM~ 07/13 1'2:03 FqX ~, /p~p~ 2495755 DURATION e0:00:24 } T t~DE ~ANDARD G((1J( GG1L 1i3: 1J (1 (G47~ '7 . - ~~~ S.,xic Attorneys at Law ScHB~x LLC Daaid A. Baru Mtc~sael A. Scherer Tricia D. Naylor Bret F. Slea, ff ~r UL7~ ~~ 19 West South Street Carlisle, PennayIvarzi~a 17013 ~rs71249-6s73 (717) 249-5755 - k~ax dbaric~baricacherez.com July 13, 2012 VI~1~'A~T 4i~.rY Td: (7171'T'fi1-1278 Stover Howoli, Esquire Howell Law Firm 619 Bridge Street New Cumberland, Pennsylvania 17070 Dear Stevezt: I'Hl7G VG I was informed by my cliestt„ Nichola9 Thimis, that he had spoken with his parents and tfiey irtforrned him they did not wish to break atl contaot with hirn and did not dlnisKar you to make such repon, Your elieMa also infvrmod Nicltolea Thimis that they wished to list the townhoma for sale 4~rr throe rnogtlu atul divltlc the proceeds of the sale equally with ray clierrta. IP the ptopetiy was not uttdor cor~ttttct by the ~d of the da~ee month listing period, the parties, by nnutuat agreement, world decide whether or not to Contiaue tl+c eels listing or Book ren4ers for the property. Please discwsa this matter with Timmy and Taaaia 1'hiaris and sand rna a revised escrow and rnalntonance agreement ratiocting their wishes. Duo to the previous represasrtations made by you to my clients, they are not vomfottabie with ttiaumin$ payments under the loan urrtil a written agreement regarding the distribution of townhome proCa©ds is executed by the parties. In the meantime, my clients will be placing $1,000 per mrsnth in escrow with me for [oar repayment. As r~uestGd, attached era the statements that I nsftrred to in my previous letter to you. very truly yours, TDN/ar Enclosures cc: File Nicholas and Tanya Thimia H C SCHFR>rR LLC Tri is D. Nat'l quire ~ EX~t91~ ~ L' e r/ 1;~/ Yb1Y 1ti: 1;~ ('1 /L4yF~ ' S • ~ ~~, ~.t1.0$.201i O1:iC' Yt~l ~- M~I~RS 1'1 fi;iN?RALCRE1rITt ~'Vr+,1N OBS s.nd tnvun.: te; xtoo to~+ hrtve roeoaa tNaat~~~toabury. M. +. oso vrur me~nber•+al.orp MW1;WItcHboardt 1717) tl9f•+1ti+ or (tt00) 7p-7u6 ~z cart: (; t 7) 697.4» or D'~T 2e~s7a roR~ (~t ~ 1 est.l3+a a (ear~>:eer.-u,pd. sr~a ieNBren«• (7t7171r~.d0~~er(100?237.710 TtM t3 THIM18 9~8i- 3TEP+HEIV8 CROSSII`G MECHANIGSBIJRG PA 170•i0 ._ F'Hcat b;i ~,/ pPIGE~ i / ;i 3tattilmant of Accaurtts Nov 25, 2009 tMru pea 2'4, 2f>O~t AGCOUnt Number: Batahors st ~ Qtanae: Ctteckfn~; ~1~1~b: Ceftes: Loans: Morwy Mar>a~un®nt: ~{ 5wtpe S YTD Reward . ~ J . ~~ f ~~ ~ l~~'T ~ ~ Pape: Your current Marraib4r t~oyafty RtawaAKls Tavel ftc TttaltiUm. .:: ~~.,~ : ~~yA --~-u- ~~t s f (~-9+1T s arer not tncf~ftlad is If you aaf 4M1d Ift# ~!10.fn dirrda on your account ffoe *~~~ ~~ ate tm matsng ~n *arfy January ~OiO. Mamiavra 1st OnNnf sarty fn January. 2 ~ ~113~' 8,471.04 ~e. o0 o uo u.ao 0 00 0 Ob of Z iM+•Y~e:T•=SS~T.'=~.~P'.IIY V•y f• ~ ...2 •.iP,i. ~. _ , Ctt~GK~IG ACCOUNTS 0041 • CHECKING 2~_.__ .~P~LR9lkn!?Qtle,..--- - ---.. . , . _. _,~ ~t~tE...Q~!__...~}~~r'R~ !ass Nov 2Q tto~c+s ForwortY 9, 7 , Jolt Uwniir: NICHC LAS T THIMIS Nuv 30 Check p(.+O.tGe Tracer 4113486767 1,282.26 7,84t~ ?9 t~ca:w~sd C•tRC:Y. • WFHM AAORTOAGE 'fYP£: t^HF,C KPAYMT iA: 77Q80M13+1 NOV 34 Dt>~it Qlviddrt0 0 100°~ 0, 76 7,b1g q4 AIMUJaiPitrgOl+'HeAYI~tfR4trnsd t?. lGONr frvar lfp11Pla69 flrrouph (!/JO/20@9 pRS~d on Ate Darr ItNaRC+a of 9, OOO.1 T ~ .ck ~ 1,560.08 0.98. tll bec16 86 TrBe or 0~J01 y13198 -~'D~"_ d,e 1'i YI Otao x4 Cndlr-q fisl~ntcc 8,••Tt +~ CtttCK 8t1l~IARY _ .. ~ ~ , Dom.... , ._.,.... ~ 8 _' • ,~......,-'Ajl~ .. . ~ ~~ 036 1 2 ~' ~ ^ 4 2 ClnWra C/aant~t for l,A~D T ,3A SA1~fWc33 ACCt3UNT3 OOtlO - Rf(3UtAR SAVMtGS ~_ ,F~l"tRflpn .._ ..., _~-_... ~ Aat~ftens a>utons ..,. ._.f++tl4~ nwv ? atNncr txwr-,+d 7s 00 Jplrtt trwnr.r: NIGIi 71A~; T THIM14i !~-d 21 indinp B+rNnct~ 2E OD YTD su~~A~r~s TOTAL. fNVIt~NDS PAIL) 0000 RIEQUt.AR 3~~'INC~^ 0,00 . • ~ Contlnw.d tM f011oWleq psp~ ... 07/13/2012 18:13 717249x•-5 IIFI 109.20];: ')) :i 1 RP1 4?. ~r~~s ~,( !l1~SR0.L GflE1?I'S' I,~V14N OBS ~6nd mgwmc l0; 6000 I.ovb• Orlw FAR ~<.X a0 r~•H.~nl•Nwry. PA 17066 ~nvw.,e•Imoarela(.eh M~InlAwilahboMd: (P17160T•}1®~K(a00)188-R91! rii cru: {x11) bS7~i1"2 a (0001 ~ 'I'ddF U ITf 6Ar->G7t2 or {800} seS•2lItA eFU.8312 'rMeE~ pnoh• (1171 T(-tl•e0t0 a {0001 i8T.79AA PAGE 84 YAGR: ~ / !a Str#t~ert~ertt of A~ Jan 2~, 2010 thr Account Numb Mtanoaa at a GFana•: ~Chacking: ~7qa: Cettlficate>x: ~.oans: ~r10y M8f'it~81"11it~'It: 9v~ipe 6 YTD Reward: Ptl~: TIM 01 MNN16 ti9d9 gTF.RHPeNS Cii053trSK3 Ml~CF}ArJIC8(IIS,lRG °.A 1?US•) Your rsurTe~t Matnbft hayalty i~awsreta letrol Is Tlta~tlium. Want to aa~n somN extra oash~ Taica a ad our CA3HdU raf~mtt pNOgt,~unt. Ask an aseo~~t~taila. a. e2 ~C'I~m~{sly-r-• :s~~ r r s• • . ra a.: ^^+• • Qraas~YSa---~u~Y+-- ti.r~rt- :L9.~C."~~T'+rarsmr .'S: • •• •• ~~~M~~ ~~~~~f\~V ooyi - CME'CKN+14 _T( ~CNP~4r! ., ..._.. ,.. .I,_.._......._.....-_...... ...AddlYR~- aubtraewrw _ bt~r~w ,r,W, - • 80/Nf6M f~arwat+d . 7,491. !tZ ~~Int UwF1ar; NIGNOlAS T TMtMlS +dn 28 ;"hrck 0~0~72 TratnN 007228QiZS 1,762..43• 3.711 !~ Protozstl~' Rhaok • WFtiM MORTGAGE TVPE r.ErF.CkF~YMT ID: i70AM4134 .16~t 31 t}ppaatt DIVMpnd U , 10U9~ ~rarn+rAr Hrcatlp. Y8at6r leer»~d o. tooK man ot,(o'r~4oto ihrrwpb o~~ssnaro 9rrpd or+ ArrRa~! mil' 96+lanr~ oI7, 4tfl . 9~ ,,,,~~00 'hAr~k ~~lti~01 ~~ii~lffTT .. i3 Tr8FC+6~ OOP1$~646 ~b 24 Fndlitp ~aMac~ t'Fi~CK t3UMfMARY 6,. ZS. o.~w o . lio 0.10 o.~b ai s,rti 1& 1,60.00 1,Ati d . ~ n ~KZ.1s esaT 18 e,z3~ 1R _ Amount ._.._ .... _.~.tlr. .M. . 28 .... _._ ... _.. _ .... .. ~ •--.... • 2 .. 1 T32 ^!; J ......~,~~'~ _ ~ an 1 123. ?, (:hROky Ch~rvdfor 1,DOT. 26 sav~r~s Acco~r~Ts 0000 • REGi J IAFt $AVfN~iB ~ # Itil) ?a ~ ' , 16l0 ! rlVard +1 S 5, UV Jdnt [3Wris1`. NtCHC7t.AS'f THIMI3 ~'ab iK Rntllnp larlwncw ?L . On •:mS'H^fT. {! t.'Ilf Tt'. ..I S •l ~1mC .Z I~tYLt11..'N•'~T•JYII .W17~:••••.•.~••~ Y. nrea~Yl •-+~Il+'+,W11~fdet r••••~-••y.••. .• b'T~ SttA1~lES • Tt?TAL DNIDQNDS PAdb 0000 kEC:IJUIR 5AVI~Cr'd 0.00 • • • Continued on foltvvrlnQ pa0~ ••- b//1~/Yb1Y 1t7:1~ x11145: 5 • ` - .~ 4t !•'Ct1Fu.ti1.CRtrDrr L;410N UtsS rHUt no sMd 1•,gaifia fo: OOa- lW Ira 4,iw Pb Sax w Maoe+aniuNKbp, /M 17ONtl W W~M.nA~flItMM~~ N.dp Irtatn JwllihWlMtl: (t1i) 007.11N tlt (040) 2i1207A tiZ 'taN: (71i)lpY.4b73pr(~l~4'd372 Toa. trfilaz-e117a19ao190S•~Ia~3~'~ ralnti• and+~ (s1'-1795~N a (100) ~3i.ilAO L' PAGE :3l Stabem~nt of Accounts deb 26 , 2010 thrw Mar 24 , 20 ~ (~ ACCOUrrt Number: ?.1487'2 palsrly~ •t sA ~iiaunos: Checking: o,lso.ao Savfrt{~s_ X5.00 Certii9cates: o. ~o Lo>Ana; o. ao MOrtey Marlit~srnerlt: 0, 00 Swipe 6 YTD Reward: o.flo Psga: 4 of 2 7lM t3 T kUV11S 8949 $'f6PHEN3 CROSSING MEGHANICSBURt3 PA 17tTt.;U Your ctarrant Member l.oyelty Rsws~trda+ lsvsl is'htslnium, We have onto n I~enerod w~! rests ~ to prww~ you lartttt a 2 1 t1 VfP pass! Your 1~Is pis is I~i1ld. Cl~CKi1~IG ACCOUNTS Dolt - cl~cxn,aa ~.,.._...... _. _ . _..._ T s~rlp~n w e x~ A oahne- forward , Jo(m l)wr-~r: NtCHC1t.A.4 r YHiMfs F+k~ 36 I~At:iwi! Dh+ltlald 0 1 OC'k 0. ~6 6,:37 68 AnrrwlltirreMaE+ YhM Sarnatl 0. f 0054 iroat 02/0lAt0~0 fhrorr€M Oaltd/ZO10 r1:a41d on Awrayf< tally QNatrot of Or ~1, ai Mar t)1 GhaGk lNw374 Tracer OAt8d00918 7x3.26 5,~ 83 4A Proue34a+1 Chant. • WFNM MOR74AOE •~'---- TYE'~.;.CM€r:KAnYMT iD; y9'0$Q4+l134 (~ WI draw 1 4,A86.40 "`•"~'+0 f37t~ TriA~:Nr (iu(112p0018 ~ 4,g0.'i0 M8r 16 Dspo>j! by Chrnk 1r3a0.60 6, •d0 +10 Msr?+l €adlnpAe/arrca B,'80 40 CHECK >N1tA1itARY • _A~tlL ~.. ____.~~dB~_ ~,.. .. _~ 7tf2.2t1 aM r 01 .~.,_.-..._.. _ ~ ,..~ 8 ~ ._..~t _t. 2 cltacks C1QprpN for 907. Z8 tT'i~".1iR' ~.•~ V.iii.ii '•'•! R'9C~.7r 1~""IIfA. N li Ol ~a~6~ a~cou~vTs 0000 • REQUi-AR SAVlNt3>:• rasa. ...~ lo~.._..~.._. .. _.._..~~~. ~~ .__ 8~~,"~ Joint t3tvnttt: NIC:t~Ip1,0.S T THIMlB MsrYf Srla4VtylTlMncw ZK.00 'TOTAL CrlVlDENDd PAID Ot)0~1 HEt;I ilJ1R 5AVINQL 0.00 ... Co-rtlnuad on 1oltewinp paQ~ ..,. 07/13/2912 18:13 717249E' -5 ..,,I, .08.2012 ()1:21 Fhl .A• :1A~ 1'~ h~rn;n ~~cRSCirt tirtr~ty OBS $rnd Ina{dfN fP' ~~ f„ptN1•~ erne r~ oaf ~o M.c1,~nbslwrp, fr/-1TOOfi www malub„es1 ~AOry( Malnlwkchlwrfd: (717)@47.11Ma(106)!».1.23~ et cal: c7,r) et7~7~ at~t ~~ iDp; 1717) 897.213 or It~l t83.2ls1,w1.621T 'INisr,~neh: f717)796~80r(tI001Ai>•-7218 PAGE 96 FAGF. u / ;i St>atelt~erit of Account3 Msy 26, 2x10 thrv Jurt 74, 2010 A~oount Numt~r: 214617 Bsist~clss at s t9t~~ Chec~cfn~; s. goa, a~ 9~il~f'1l~; 28, DO Crrtit'fCabsa: o , o0 Losns: 0.00 Money Man~emerlt: o . oa Swipe 6 Y'Pfi Renhrelyd: o . o0 ~: 1 of d TIM G THtMlt3 t~ $7t;PliEt~B CR0.9StNG M~CHAMiCStjIIRG FA 1:70:•0 Your currant AAsrtiber Loyalty KeM-srds 1N++1 is'fltantum. Weve made tt asaivr for you to msasp~s your a~otu~9 olttlnat 84s th(3 onalosAd inseK tot Imcn dst>ertha air-~auf~.OT^:7t ...:~~ asi. r ~ns~fr~- .~ltr"JfC•~~~'^'.'..'~r'••• ._' r r C~C~ I~CC4UNTS 0011. CHECKING _ lyt6 .. .. Tr,ert~Clpt~.Q^ _ ....._ ...... M~rhatJ~nnwlar~r' --•• _~ .,._f!~#lll~,AO~.., ._..~1" 7,0+~.8A lotrl C'Wrtol • Ntf:Hp~ AS I TWIMtS Mrty20 Chc+ck00(7:iAilCrac~rrflr~iF}By4A2?i 06.91• 6,9r-9•ry7 Prooesr*d Chf~ • WFFIM MURTQAC3E I vNE: CMECKPA~rt~IT IR. 770sona134 Mey2A Ch4CIt0o0361 7rAC•er OO1RB89d2N 7.28- A,x'7, !1 Procuetad Ch~Ck • V+/~NN1 Md(41'QACsE 7YPC; CHtsCKpAYMT I1)' 7706041134 luk(y 11 Wpaitt Olvtdend V. 100°4 0. fi 6,3~t<,19 AamwJ Pfm¢frntap YfWd F~1f»Id O, ~D95i lhvnr Oa/Oi/30i0 ii4rooy1l OAJ3i/20'10 gyAdpw ~ ,~ E'alRncN ol'S, 976, 05 [3spaait 700.00 8,9 +A . ZA ~t 80 'Pr~crfr 0001189285 13.6.04 d,T'i3., 29 Jun iA CheNc 0043A3 TraCf~r Q014lP3S432 slrAb. 03• b,! 1A. ~.~ Froc~ud Ct'+~ak • Wt=HM MDRTC3AOE tY~PF: CHF.CKPAYMT ID; 7708044134 Jun 4I t:'nd!(tp BalftMCl S,8*IS. 1d CHECK OtWIMAItY .._. AntQunt P_~~t. w,__....,....,,,. _.,...__.. C~~1ltl._.-.---•_ __ D.n~ 0 =:, . n I May 28 - pOC1392 i ,;un 0oU381 78? , 7H May 26 Gt)OSa3 ~, Oti Jun ~+ ~ C1teoA+ Cltldrrpd for 1, 959.32 SA~W~S A~CCOkUNTS 0000 • REGtlLAR SAV1N63 ~~y 33' • • r~.ulu;roe~tl~f$t~Sctltd#l~n.. _ .. ... -•- a~ _. .9atr+ro. .joint Owntr: NICI~IC~I.AS T THIMI~ =S ~ Jurt xI tcndlnF $slan(:e Z3 tTb ~._..~ - • • t%ofti(inuod on failewing.p4~ ... 07/13/2012 18:13 717249E" 5 OBS . - - .,_,; m :v1E~S ~st ~ r f~E4i•,ALCItBDtT L'PiUh >,.nd Inquire Io: 6000 Loulu rlrlva POf~x4D rtlaat,a,aaafx,.e. an 1706a ».arov.n,ame,+..1 ac op MaM,evntehno.ra: pn)oe~•tte~ at xtn•x+2e t=.t Can: ptr) sat•4iT2a(e0(! 2133:'2 Tad: ~ 711) 607.5712 a (fl00-!Ill02 aa6 p1Z T~1a0r.~wn• (1t7)756~BG9a(If401~7.1'7t)1 ~..; r~ f, ~ Statement of AooOUnts Jan 25, 2492 #hru Fib 2~4, 2d12 gcaount Number, ~1~467:•_ De1a17GE; ~ 0 OIaf1CeS Checking; A.8.4o- ~~~g; 5.00 (~t~g; 0.00 l.oe>tr1s3: n,ao Money Mst-agamen#: b.oo Swipe a YTD RMwfllr~i: a , o 0 Pt:~r 1 of ~ TNA 0 TMIM{S STEwMBNS CR48StNa AGHAN)CSbURC hA 1i65t Your currrant Mbmbvr Loyetity Rewatda lwel is 1'ftattlum. Ara you always on the !to? tit o1,+r tPVbllif bE~tetki~ ~tpp #C-daftyl lea the encrosed tnsa~t Forman drlatia. .-.-ter r..-~:+e-r:....7~..,,-.; -.~._ . . r"--.-m~_~-~na:._.~ sCJ~s .eafs,... ~e . CNfCKfNG ACCOUNTS 0011- CNEG4CINt~ ~fTt_ ~1:~EMJ<:~4t1'1.5~dD.ti~l~. ........r......._.__..~,,._...___. • Adpls $YMIi ~¢o . meranee forward Jan 4i Jo+rtFOwnor, N)CHOU~S T TH1MI8 ,f~~n 31 f)rpo3it Dlvidsnd 0.1(i09~o o. a9 i,sre, 9f} nnnwul W++dertt4yh/ yroro Ear»ecl c. tooK from a-rotr~t~ throrryh n~atrspts fiseal err Averl~e p31g~ Balance of ~1, Ba9.92 Fob 01 Gepbeil by CheCh deb pi t~/ithdrewel 1,~f . 00 5,D09.98 8.004.98 i fb 01 W:tW.if awal TrenAfor ~ ~ ~ OG To TM)MIS,T)M G X,'~XXXXXXXX 9hara 0011 Fab 02 Gneck 000475 Tracer000'793084 700,A0• 10S'. i}0 Fab II2 Gr-eac 000411+ tracer Ot10~10A3~ 1?,t, f10• 1f . 4G- FPb z2 W)Uttltswrf CuuNa~y t'ay fye 19.00• <E . 4u• FMr 2A Bndlrry Ji~rsret:e 4E . Af • R '_~ - Total tar Total this period ' year~ to• elate Tote) Overdraft Fesa ~ 38.00 33.00 TaW NSF Fates .~. w.r 0 ~ 00 0.00 _,_,_.~ CHECK SUMMARY ~, 0•~0~11 .. - TP!7~ 4titOD .._.~ ._ - t'o 02 1 .00 ~F~3; .... 2 Checks G/earrd ibr 815. ~p ... Coltgn tl~e! on tolbwlnp pspe - • . ~ U HOWELL L.AW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 F~ac 717-770-1278 **** VIA FAX 249-5755 **** July 18, 2012 Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 RE: Thimis Rental Property and Loan Dear Tricia: In response to your letter of July 13`h, I enclose a handwritten note by my clients which should make it perfectly clear that no contact is desired until the pending matters are resolved. I expect your client and his wife to respect this request. I am not going to alter the Escrow and Maintenance Agreement along the lines suggested by Nick Thimis. So that there is no confusion on your client's part, I am not confident in his veracity. I am fully aware of his criminal history which includes pleas of nolo contendere to Theft by Unlawful Taking (M2) and Recklessly Endangering another Person (M2) which resolved a twenty one (21) count criminal complaint filed on January 29, 2004 in Chester County when he was 48 years old. His charges included aggravated assault, simple assault, robbery (F 1 and F2), receiving stolen property, theft by unlawful taking, reckless endangerment, and a host of other crimes. I enclose a copy of the docket sheet for your file. Therefore, I do not place much stock in what your client represents to be an agreement. As for the missed loan payment, Nick Thimis either makes the payments including the defaulted payments to my client or a lawsuit will be filed. Escrowing is not an option. If they refuse to sign the Escrow and Maintenance Agreement then a partition action shall be filed. SH/bth cc: Timmy and Tassia Thimis (w/encl.} EXFI T M Very truly yours, TRANSMISSION VERIFICATION REPORT TIME 07!18/2012 10:54 NAME HO4IELL LAW FIRM FAX 7177701278 TEL SER.## : 000A6J528632 DATE,TIME 07/18 • 10:50 FAX ~,/ 2495755 DURATIC~I 00:04:02 PAGE(S) 09 T ~~ ~ANDARD ~- -~ ~,~~ ~k ~ ~N yA ~~~5 F~~~~ r~,~~ ~: r~~~,s~ ~,~s,~ N T,~~,s ~VrG~r T~~ Y ~1~ t Cv~~v~~ c~~ anus oR ~v~r'~. 7" ~~~~? ~'i ~"'~~"~ y~~ w~~~~ r~~ ~.~ rT~,~ ~~ ~ r~r`~ a l~ ~~~~ yam ,'S, ~ G ~~~ . ,,~° 7.~.tra ~~I COURT OF COMII~ON PLEAS 4F CHESTER ,~M ~~ Judas Assioned: Sarcione, Anthony A. Qj~: H7100800 Chester F Darlington ArrestingAtasncy: E Whiteland Twp Police Dept Case Loa! Number Tyoefsl Case Reisrence Number Legacy Dodtet Number ~g Vitus: Closed ,~t4d0,Q~t~ 05/04/2004 Confinement Known As Of jypg 01/29/2004 County Jail Docket tJumbec: CP-f~i-G1R-0000663-2004 CRNAL DOCKET Coutt Case 02/06/2004 Inin Dates: 02106!2004 Lower Court Docket No: CR-0000029-04 Final Issuing Authority: Chester F Darlington AneatinQ Ofilcar: Stefanski, Stephen J. Case Loot NLmberfs) 416453 Migrated Final Disposition 01/29/2004 ~,{~~ 01/29/2004 Destination Sc>?.0 Chester County Prison 956 City/StateflJo: Green Bay, WI 54302 Defendant ~^ Thimis, Nicholas ~ll.i~ffi D.~tt~ Set l~11@ Thimis, Nicholas 02/03/2004 Monetary 10.00% $50,000.00 Stfil in L Yes Nsbbia Status: None ~ S2dg.~. S~ StatuEs' Descrirstion Qj~ 1 1 F1 18 ~ 2702 §§A1 AggravatedAssauit 01/29/2004 H7100800 2 2 M2 18 f 2701 §tt'A1 Simple Assault 01/29/2004 H7100800 AOPC 6002 -Rev 07/182012 PrYMed: 07H 912012 Recent entries made in the court filing ofitces may not be imrtMtdiatey rolleded on these docket sheets . Neitllsr ttte courts of ttte UnMled Judidal Sysbm of tM Commonwealth of Pennsylwnla nor the Administra0ve Office of Pennsylwnia Court assume any Ils~lity for inaoCUra6s of delayed data, errors or omissions on these reports. Docket Sleet Mforrrletion should not be used In place of a criminal hNtory background check whk~- can orty bs provided by the Penneylvanla State Popce. Moreover art employer who does not with the provisbns of the Criminal Hbtory Record InformafiortAct may be subjsd to civi111abilRy as set forth in 18 Pa.C.S. Ssntlon 0183. Commonwealth of Pennsylvania Page 1 of 7 v. CO!!RT OF CptAON PL$ OF CHESTER C©UHTY Docket Number: CP-18-CR-0000i~3-404 CF~J~L DpC~ET Court Case Commonwealth of Pennsylvania Page 2 of 7 4 4 M2 18 ~ 2706 Recklessly Endangering Another Person 01/29/2004 H7100800 5 5 S 18 § 2709 §§A1 Harassment -Subject Other to Physical Contact 01/29/2004 H7100800 6 6 S 18 § 2709 §§A3 Harlssment -Course of Conduct W/ No Legiitimmate Purpose 01/29/2004 H7100800 7 7 18 ~ 3921 ~A Theft By Unlaw Taking-Movabb Prop 01/29/2004 H7100800 8 8 18 § 3921 ¢~- Theft By Unlaw Taking-AAovable Prop 01/29/2004 H7100800 9 9 18 § 3921 §§A Theft By Unlaw Taking-Movat~le Prop 01/29/24 H7100800 10 10 18 § 3926 $$A Receiving Stolen Property 01'/29/2004 H7100800 11 11 18 § 3926 f§A Receiving Stolen Property Ot/29/2004 H7100800 12 12 18 §3926 §§A Receiving Stolen Property 01/29/2004 H7100800 13 13 F1 18 § 3701 §§A111 Robbery-Threat Immed Ser Injury 01/29/2004 H7100800 14 14 F2 18 § 3701 §§A11V Robbery-Inflict Threat imm Bod Inj 01/29/2004 H7100800 15 15 18 §6803 §§A Disorderly Conduct 01729/2004 H7100800 16 16 18 §8803 §§A4 DisorcJer Conduct Hazardous/Phyai Off 01/29/2004 H7100800 17 17 S 76 § 3714 Careless Driving 01/29/2004 H7100800 18 18 S 76 § 3736 §§A Reckless Driving 01729V2004 H7100800 19 19 M1 76 § 3742 §§A Accidents Involving Death Or Personal 01/29/2004 H7100800 Injury 20 20 S 76 § 3744 §§A Fail Stop And Give Infor Render Aid 01/29/2004 H7100800 21 21 S 76 § 3746 §§A1 Fail To Not Police Of Accident) Injury Or 01/29/2004 H7100800 DispositLn Date Final Disposiflon Offenso Disposition Grad s~S~ll Sertbenoe Date ~,ratlk For. Time Served IncarceratioNDiveraionarv Period Stgrf Gate Mlgratted Dbposttion aoPC ti082 - Rsv om trrzot 2 Prhtsa: omtsno~2 Recent enirba made In the court fNinp ofNoes may not be Immediately reMded on these docket sheets .Neither the count of the Unified Judicial SY+~-r of the CommonwNlth of Pennsylvania nor the Administratlve 0111os of Psnnayivanfa Courts assume any Iiabiifty ror Inacaxabs or delayed data. enrore a omissbns on iheee reports. L)odat t3hest inforntatlort should not be wed M plu:e of a rxirrdnal hfstay baciraramd d,.ak which can ony be provided by the Penneyiwnia State PoYos. Moreover an empiaysr who does not comply with the provisions of the CriMnal History Record IntonnaNon Act may be sublact to civil liability as sat forth in 18 Pa.C.3. 8selion 9183. 3 3 M2 18 § 2701 §§A3 Simple Assault 01/29/2004 H7100800 CC?URT Of CCNK?N PLEAS Qf CHESTER CC3UTY Docket Number: CP-4~R-0000563-2004 CR#!Yt#~tAL DOCKET Court Case Commonwealth of Pennsylvania Page 3 of 7 v. Thimis Deposition Date Final Disposition gam, Disposltion Stt Section Ser~ten~ Date Credit Fc~ Time Served IncarceratloNDiversionarv Period Start Date Migrated Dispositional Event 2 / Simple Assault 3 /Simple Assault 7 /Theft By Uniaw Taking-Movable Prop 8 / Theft By Unlaw Taking-Movable Prop 9 /Theft By Unlaw Taking-Movable Prop 10 /Receiving Stolen Property 11 /Receiving Stolen Property 12 /Receiving Stolen Property 15 /Disorderly Conduct 16 /Disorder Conduct Hazardous/Physi Off 19 / Accidertta Involving Death Or Personal Injury ' Tvpe 02/06/2004 Held for Court (lower Court) Held for Court (Lower Court) Held for Court (Lower Courtj Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Linked Dodtet Number Not Final M2 18§2701§§A1 M2 18§2701§§A3 18§3921§§A 18§3921§§A 18§3921§§A 18§3925§§A 18§3925§§A 18§3925§§A 18§5503§§A 18§5503§§A4 M1 75§3742§§A Mlyrallod Disposition Migrated Dispositional Event 1 /Aggravated Assault 2 /Simple Assault 3 / Simple Assault 4 ! Redclesaly Endangering Another Person Migrated, Judge Financial Assessments Probation 05/04/2004 Nolte Prossed Nolte Prossed Nolte Prostaed Nolo Contenders 05/04/2004 Final Disposition F1 18§2702§§A1 M2 18§2701§§A1 M2 18§2701§§A3 M2 18§2705 5 / Harassment -Subject Other to Physical Contact Nolte Prosited 6 /Harassment -Course of Conduct W/ No Nolte Prossed Legitimate Purpose 7 /Theft By Uniaw Taking-Movable Prop Nolo Contenders Migrated, Judge 05/04/2004 Probation S 18§2709§§A1 S 18§2709§§A3 18§3921§§A is / 1 nett try unlaw Taking-Movable Prop Nolte Prossed 9 /Theft By Unlaw Taking-Movable Prop Nolte Prossed 18§3921§§A 18§3921§§A Prinbd: 0711 ty201Y Recent entries made In the cwrrt flliny Offices may not be Irrlrrlediatety rellec6sd on these docket sheets . Neither the courts of the Unified Judidal System of the Commonwwltlr of Pennsyhrania nor the Adminisbatlw OIAw of Pennsylvania CouAs assume any Uebflily for ir-sauraie or delayed data, errors or omissions on these sports. Dadcet 3hest iniorrnetlon should not be used in place of a criminal history baokyrourad aleck whidt can ony be provided by the Pennsylvania State Polity. Monowr an employer who does not compy with the prov-Na+e of the Crlminal.Hiefory Record Informetlon ACt may be subJeex tp gulf liWility rss sit forts In 16 Pa.C.8. Sictlon•a1 es. ~. COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Nr~rnber: CP-15-CR~000Q63-2004 CRIIAL DOC~!(ET Court Cstse base Evert SeauenosJ ' 'on $~ $erttertoalDiversion Program Tvpe Setttsnce i;cutditione Commonwealth of Pennsylvania ~ Page 4 of 7 v. Nic~'tto Thimis Disposition Date J=inat Qiaaosil~on Offense Qisposition Grade U. Senf~n ~Qar~ ,;For rlme served JncatoeratioNJ~iveraiortarv Period 10 /Receiving Stolen Property 11 /Receiving Stolen Property 12 / Receiving Stolen Property 13 /Robbery-Threat Immed Ser Injury 14 /Robbery-inflict Threat Imm Bod Inj 15 /Disorderly Conduct 16 /Disorder Conduct Hazardous/Physi Off 171 Careless Driving 18 /Reckless Driving 19 /Accidents Involving Death Or Personal Injury 20 /Fail Stop And Give Infor Render Aid 21 /Fail To Not Police Of Accident\ Injury Or Death NliyrA>hed `Disposltlort Migrated Dispositional Event 1 /Aggravated Assault 4 /Recklessly Endangering Another Person 5 /Harassment -Subject Other to Physical Contact 8 /Harassment -Course of Conduct W/ No Legitimate Purpose 13 /Robbery-Threat Immed Ser Injury 14 /Robbery-Inflict Threat !mm Bod Inj 17 /Careless Driving 18 / Redkiess Driving 20 /Fail Stop And Give Infor Render Aid 21 /Fail To Not Police OfAccidentl Injury Or Death Li Tvoe Nolte Prossed Nolte Prossed Nolte Proceed Noile Prossed Nolte Prossed Nolte Prossed Nolte Prossed Nolte Prossed Nolte Prossed Nolte Prossed Nolte Prossed Nolte Prossed 05/18/2004 Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) 18§3925§§A 18§3925§§A 18§3925§§A F1 18§3701§§A111 F2 18§3701§§A11V 18§5503§§A 18§5503§§A4 S 75§3714 S 75§3738§§A M1 75§3742§§A S 75§3744§§A S 75§3746§§A1 Not Final F1 18§2702§§A1 M2 18§2705 S 18§2709§§A1 S 18§2709§§A3 F1 18§3701§§A111 F2 18§3701§§A11V S 75§3714 S 75§3738§§A S 75§3744§§A S 75§3748§§A1 PriMsd: Wlt8r2012 Recent entries made in the court fflinp offiws may not bs imrrredistely reflected on these docket sleets .Neither the courts ottlu UnifNd Judidal System of the Cornrrionwealth of Pennsylvania nor the Administrative Ofriw of Pennsylvania Courts assume any liability for inaccunste or delayed data, errors or omissions on these sports. Docket Sheet information should rat be used In place of a uiminaf history badcpround d1«ak which qn ~N bs P~+Ided by the Pennsylvania Stets Police. Moreover an employer who dose not comply with the provisions.of the Criminal Hlatory Reco-d Information Act may toe mubject to civil Ilability as set forth in 18 Pa.C.8. 8adlon 91'83. • ~ ~~ \..i COURT OF COIIAMON PLEAS OF CHESTER CC~U~ITY 1 Docket Number: CP-15-CR-00~©~B3-2QG4 CRtM11-~`AL DOCKET Court Case Commonwealth of Pennsylvania v. District Attorney S Court No: 065772 Phone NuRnbertsl: (610) 344-6801 (Phone) Chester County District Attorney's Office 17 N Church Street West Chester PA 19380 Private ~orame Court No: 078079 Regr„St~tus: Active Phone (jymbertal: (810) 438-6220 (Phone) (810) 438-0628 (Fax) 135 WEST MARKET STREET Esq. Representing: Thimis, Nicholas (610) 436-6220 (Phone) (610)436-0628 (Fax) Address: Goldberg Meanix & Muth 135 W Market Street West Chester PA 19382 Representing: Thimis, Nicholas (610) 436-6220 (Phone) (610)436-0628 (Fax) Address: 213-215 West Miner Street West Chester PA 19382 Representing: Thimis, Nicholas Page 5 of 7 Sacurenoe Number CP Filed Date pocurrlent Date FII.-- ~ By 1 02/06/2004 Migrated, Filer Migrated Automatic Registry Entry Migrated Automatic Registry Entry (Disposition) Text 1 02/06/2004 - - - - - _ - Unknown Filer - - - - _ - Migreted Case Initiation Registry E Migrated Case Initiation Registry Entry AOPC 9062 - Rw 0711812012 PrYMed: 07Mtr@0'12 Reoerlt smNes made in rile court til~q offices may not be immedfataty rNlectsd on these dodat sheets . NeMha the court of the Unified Judidal System of the Commonwealth of Pennsylvania nor the Administrative Offiw of Ps-auylvaMa CouAS aswme any fiabilNy for btacarrabs or delayed data, area or om~sions on these reports. Dadcet Sheet iMorrnatiorl should not bs used in place of a orMninal hiNory baoltpreund ohadc which can ony be provided by the Pennsytvenia State Police. Moreover an comply wkh tM previsions ci the CriminaF Histpry Record employer who des not. Inromxtbn Act mey be subi~et to civil liability as sN rortri In 18 Pa.C.3. 3.cdon 8183. COURT Of COMMON PLEAS OF ~HE3TER C0tJ~1`Y Docket Number: CP-45-CR-00D©583-2404 Ct~tAL Q4C1~~ET Court Case Commonwealth of Pennsylvania Page 6 of 7 V. Sequence A~ober ~,P FNed Date Document Date 2 pypg/2pp4 Filed gv Migrated, Filer 0100 -READY FOR ARRAIGNMENT -BOON 0100 -Ready for Arraign -Bound to CourtHeld for Court- by DJ : 25 1 02/11/2004 Migrated, Filer 9999. -MISCELLANEOUS 9999 - MiscellaneousAppearance of Private AttomeyflAWSON R. MOTH 1 02/13/2004 Migrated, Filer 9999 -MISCELLANEOUS 9999 - MisoellaneousAppearance of Assistant District AttorrteyTHOMAS OST-PRISCO 1 02/23/2004 Migrated, Filer 0102 -READY ARRAIGN -INFORMATION 0102 -Ready Arraign -Information Filed 2 02/23/2004 Migrated, Filer 2004 -READY FOR TRIAL - WAIVED ARR 2004 -Ready Trial-Waived Arraign-Plead NG 1 04/07/2004 Migrated, Filer 9999 -MISCELLANEOUS 9999 - MisoeilaneousSch. for trial on 050404ANTHONYA. SARCIONE 1 05/04!2004 Migrated, Filer Migrated Automatic Registry Entry Migrated Automatic Registry Entry (Disposition) Text 2 05/04/2004 Migrated, Filer Migrated Automatic Registry Entry Migrated Automatic Registry Entry (Sentence) Text 3 05/04/2004 Migrated, Filer 9010 -PROBATION 9010 -Probation JUDGE: HOWARD F. RILEY JR.NOLO CONTENDERE CT 7 CC3921(A) M2: PROB 24 MOS,$100 FINE & COSTS, RESIN-TBD; CT 4 CC2705 M2:PR06 24 MOS CONC W/CT 7, $100 F&C, OTHER CTSW/D-COSTS ON DEF, PROB MAY BE SERVED IN WIS. ReosrK entries made In the court filk-p offices may not be immediabNy refiecbd en thpe dodat streets . Neither the ocurts of the Unified ,ludidal System of the Cortutwnvvealth of Pennsylvania nor the Adrninietratlve Olfice of PsrnsyMatia Courts asswns any NabiiHy ta!' Irtaararra0e or dekyed daG, emas or omissions on these reports. Docket Sheet fnformefion should not be wed M phce of a criminal hbtay baokp-ourrd. oheok whloh pn only be provided by the Pennsyhrania State Police. Moreover an employer who does not comply wfth the provlaiona of the Criminal HfaWryRsowd Informefion Act may be aubJsct Eo civil tiabilNy as sat forth in 18 Pa.C.S. Section 9183. COURT OF GOaA1N~N PLEAS OF CHESTER C4UWTY Docket Number: CP-15-CR-0000583-2'.00 G1~~~4L Df~KET court case Commonwealth of Pennsylvania V. Page 7 of 7 Seatter~e Number CP Filed Date Document Dabs. Filed Bv____ _ 4 05/04/2004 Migrated, Filer 9990 - PRAECIPE-REDUCTION TO JUDGEM 9990 - Praeeipe-Reduction to Judgment FileJUDGMENT ENTEREDPROOF SERVICE FILED 1 05/18/2004 Migrated, Filer Migrated Automatic Registry Entry Migrated Automade Registry Entry (Disposition) Text 1 Oa/08/2004 Migrated, Filer 9903 -CASH BAIL RETURNED - CERTIFI 9903 -Cash Baii Returned - Certined MaiICHK#15476 $3000 TIMMY THIMIS AOPC 9082 • Rw 07/1812012 Recent entries made in the court fliinp otrxss may not ~ immedia : o7Henolz SyeNm of the Carnionweaith of Pe ~' nffectad on they docket sheets .Neither the court of the United Judidal data, arras or omissloris on these nnsylvanfa nor the Administrative t~ti9ce of Penmylvenia Court assume any liability for Inaxuraoe or dNayed reports. Dodat Sheet infonnatieon atauld rwt bs used in pteoe of a tdstory background oheok which can oMy be provided by the Pennsyhnu>ia State Paice. Moreover an employer who doe not aenopy with the pr+~lbions of tIH Crimhtet fikstory Rsoad Inforrxratfon Ac! may tae subjecx to civil IlribiNty as ast tcM to 18 Pe.C.B. Serxlon 9183. f. :~.. '..~.:.::: •.:.: •. ~::~:.:••::i~: ::i:i ~IT !ID .~GOC~IT TYRE .~Tt~1~: RER300 PEE _.... -~I~C067 RELATIONSHIP SAVINGS OEC.08-MAR. 07, 2012 1 OF 1 ao 0 oala~N HM oil 14727 NICHOLAS T THtMIS -6389 STEPHfNS XtNG MfCHAN.ICSBWRG PA 170.50 INTEREST EA#fBD FiUt STATEIOaNT PERIOD 0.04 HAIaPpEN INTEREST PA29 YEAR TO DATE 0.05 12-08-11 sEG]Nt1INR iALANCE O1-Oa-1 INTEREST PAYMENT 01,000.21 02-07-1 INTEREST PAYMENT 0.02 1,000.23 . 03-07-12 INTEREST PAYNENI 0.02 1,000.25 0.01 1,000.26 00 ANNUAL PERCENTABE YIELD FARMED = 0.01 bID.YOU KNOM THAT YOU CAN SAVE TT~lIE W USINS NiT ME8 0R NORIL6 62LL PAYS TMACINE ELININIITINC THE =TRB:Nt OF HAVING TA NRItE A CHECK, OR NA3TLN IN ..LINE TO _ OUY STAMPS, MITH M8T"MEd ANO NOii2L"E 'BILL PAY, YfRT CAN SKIP THE HASSLE ANQ MAKE PAYNEIlTS RUICK•LY AND EASILY. LEARN MORE AT MTt.COM/BILLPAY. MElRSER FDIC, ~ ~ IB TIMMY G. THIMIS AND IN THE COURT OF COMMON PLEAS OF TASSIA N. THIMIS, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. NICHOLAS T. THIMIS AND TANYA J. THIMIS, DEFENDANT NO. 12-6361 CIVIL IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE GUIDO, J., EBERT, J., AND PLACEY, J. ORDER OF COURT AND NOW, this 22nd day of April, 2013, upon consideration of Defendants' Preliminary Objection to Plaintiffs' Amended Complaint, the Plaintiffs' Answer thereto, the briefs filed by the parties and after oral argument, IT IS HEREBY ORDERED AND DIRECTED that Defendants' Preliminary Objections to the Plaintiffs' Amended Complaint are OVERRULED. Defendants are directed to file responsive pleadings within 20 days of receipt of this Order. By the Court, M. L. Ebert, Jr., J. Ateven Howell, Esquire Attorney for Plaintiffs /Tricia D. Naylor, Esquire Attorney for Defendants _ZZ ZZ -; f'"I bas Cam `°, ter: C-1 0 __i CS1 TIMMY G. THIMIS and IN THE COURT OF COMMON PLEAS OF TASSIA N. THMIS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2012-6361 CIVIL TERM NICHOLAS T. THIMIS and CIVIL ACTION-LAW TANYA J. THIMIS Defendants ; c: --o -.0Z NOTICE TO PLEAD c�j '. Vi c-: -71 To: Steven Howell, Esquire >cz 619 Bridge Street New Cumberland, Pennsylvania 17070 YOU ARE HEREBY DIRECTED TO PLEAD TO THE ATTACHED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS OF SERVICE THEREOF, OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. ricia D. Nay or, Esqui I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 TIMMY G. THIMIS and IN THE COURT OF COMMON PLEAS OF TASSIA N. THMIS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2012-6361 CIVIL TERM NICHOLAS T. THIMIS and CIVIL ACTION-LAW TANYA J. THIMIS Defendants DEFENDANTS ANSWER WITH NEW MATTER AND COUNTERCLAIMS NOW, come Defendants,Nicholas T. Thimis and Tanya J. Thimis, by and through their attorneys, BARIC SCHERER LLC, and files the within Answer with New Matter and Counterclaim and, in support thereof, set forth the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part. It is admitted that the four(4) parties are owners of an investment property located at 6393 Stephen's Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the remaining averments and they are,therefore, denied. 9. Denied. By way of further answer,the characterization of the parties as lender and borrowers is denied. It is also denied that the sum at issue is Thirty Thousand ($30,000.00) Dollars. 10. Admitted in part, denied in part. It is admitted that the four(4)parties also have issues between themselves regarding the credits and debits for the investment property and investment property checking account and the alleged loan. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to what other assets Plaintiffs are referring to, therefore,the remaining averments are denied. COUNT I: BREACH OF SETTLEMENT AGREEMENT 11. Denied. By way of further answer, the letter dated July 23, 2012 is a written document that speaks for itself. The characterization of the negotiations as "extensive" is also denied. 12. Denied. By way of further answer, Plaintiffs' counsel did not accept the alleged offer, but presented a counter-offer to Defendant's counsel. The faxed Settlement Agreement and Release speak for itself. 13. Denied. By way of further answer,the draft Release is a written document that speaks for itself. It is further denied that Defendant's alleged offer was to settle all pending disputes between the parties. 14. Denied. By way of further answer, the draft Settlement Agreement and Release is a written document that speaks for itself. 15. Denied. By way of further answer, the draft Settlement Agreement and Release is a written document that speaks for itself. 16. Denied.. By way of further answer, the draft Settlement Agreement and Release is a written document that speaks for itself. 17. Denied. By way of further answer, the draft Settlement Agreement and Release is a written document that speaks for itself. 18. Denied. By way of further answer, the draft Settlement Agreement and Release is a written document that speaks for itself. 19. Denied. By way of further answer,the draft Settlement Agreement and Release is a written document that speaks for itself. 20. Denied. By way of further answer,the draft Settlement Agreement and Release is a written document that speaks for itself. It is further denied that the service weapon was a point of disagreement between the parties. 21. Denied. By way of further answer, the draft Settlement Agreement and Release is a written document that speaks for itself. 22. Admitted in part, denied part. It is admitted that Defendants refused to sign the draft Settlement Agreement and Release and draft Deed. It is admitted that Defendants disputed the terms of the draft Settlement Agreement and Release. It is denied that there was a settlement agreement for Defendants to withdraw. By way of further answer, the draft Settlement Agreement and Release included additional terms and provisions which was a counter-offer that Defendants would not accept. 23. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and it is, therefore, denied. 24. Admitted in part, denied in part. It is admitted that the parties individually and through their respective counsel engaged in negotiations regarding their investment property relationship and to handle the renting of the property during such time as they continued their investment relationship. It is admitted that the parties' negotiations also included various credits and debits relating to the investment property and the rental account for the investment property. It is denied that the parties' negotiations were intended to settle all other pending disputes between the parties. 25. Admitted in part, denied in part. It is admitted that Plaintiffs by and through Attorney Howell sent a letter dated May 9, 2012 to Defendants. The remaining portion of this averment is a conclusions of law for which no response is required. To the extent a response is required, it is denied. 26. Admitted in part, denied in part. It is admitted that Defendants sent a letter dated May 7, 2012 to Plaintiffs. The remaining portion of this averment is a conclusions of law for which no response is required. To the extent a response is required, it is denied. 27. Admitted in part, denied in part. It is admitted that Plaintiffs by and through Attorney Howell sent a letter dated June 6, 2012 to Defendants. The remaining portion of this averment is a conclusions of law for which no response is required. To the extent a response is required, it is denied. 28. Admitted. 29. Admitted. 30. Admitted. 31. Admitted in part, denied in part. It is admitted that Plaintiffs by and through Attorney Howell sent a letter to Attorney Naylor on or about July 10, 2012. The remaining averments are denied, because the letter dated July 10, 2012 is a written document that speaks for itself 32. Admitted. 33. Admitted in part, denied in part. It is admitted that Plaintiffs by and through Attorney Howell sent a letter to Attorney Naylor on or about July 13, 2012. The remaining averments are denied, because the letter dated July 10, 2012 is a written document that speaks for itself. 34. Admitted. 35. Admitted in part, denied in part. It is admitted that Plaintiffs by and through Attorney Howell sent a letter to Attorney Naylor on or about July 18, 2012. The remaining averments are denied, because the letter dated July 10, 2012 is a written document that speaks for itself. 36. Denied. By way of further answer,the July 18th letter is a written document that speaks for itself 37. Denied. By way of further answer, the July 23 t letter is a written document that speaks for itself and was not offered as a settlement to the demand set forth in the July 18th letter. 38. Denied. This averment is a conclusions of law for which no response is required. To the extent a response is required, it is denied. 39. Denied. By way of further answer, Defendants alleged offer ended when Plaintiffs' presented a counter-offer. 40. These averments are conclusions of law for which no response is required. To the extent a response is required, it is denied. 41. These averments are conclusions of law for which no response is required. To the extent a response is required, it is denied. 42. These averments are conclusions of law for which no response is required. To the extent a response is required, it is denied. WHEREFORE, Defendants requests that this Honorable Court grant judgment in their favor and dismiss Plaintiffs' Amended Complaint with prejudice. COUNT II: BREACH OF ORAL CONTRACT 43. Denied. By way of further answer, Plaintiff, Tassia Thimis approached Defendant,Nicholas T. Thimis offering to help Defendants with the purchase of a house by giving them $30,000.00. 44. Admitted in part, denied in part. It is denied that Defendants request $30,000.00 from Plaintiffs. It is admitted that Defendants needed $30,000.00 for a down payment on their house in Louisiana. 45. Admitted. 46. Admitted. 47. Denied. By way of further answer, Defendants wanted to repay the gift and Nicholas T. Thimis told Plaintiffs that he hoped to repay the $30,000.00 if he won his lawsuit with his former employer. No date of repayment was discussed. 48. Denied. By way of further answer, no demand for repayment was ever made. Once Nicholas T. Thimis dropped his lawsuit with his former employer, he told Plaintiffs that he would pay Plaintiffs what he could afford. 49. Denied. By way of further answer, no request for repayment was made by Plaintiffs to Defendants and prior to January 2012 Defendants had made payments to Plaintiffs each month. 50. Admitted in part, denied in part. It is admitted that Defendants from January 2012 to November 2012 have made payments totaling $9,000.00. It is denied that the dates of payments are correct. 51. Denied in part, admitted in part. By way of further answer,payment was not due in full on July 31, 2011, neither were payments due on specific dates. It is admitted that Defendants made no payments to Plaintiffs in the months of May and June 2012. 52. Denied. By way of further answer, Defendants have not breached any agreement between the parties and as of the date of this answer, Defendants have paid Plaintiffs $16,000.00 of the $30,000.00 originally given to Defendants. WHEREFORE, Defendants request that this Honorable Court grant judgment in their favor and dismiss Plaintiffs' Amended Complaint with prejudice. COUNT III: BREACH OF FIDUCIARY DUTY SEEKING THE RETURN OF FUNDS BELONGING TO THE PLAINTIFFS 53. Denied. By way of further answer,Nicholas T. Thimis opened a separate bank account in his name at M&T Bank at the request of Timmy G. Thimis. 54. Admitted. By way of further answer, Plaintiff, Timmy G. Thimis gave Nicholas T. Thimis a check made payable to Nicholas T. Thimis in the amount of $1,000.00. It is admitted that said funds were deposited into the M&T Bank account (xxx067). 55. Admitted. 56. Admitted. 57. Admitted. 58. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 59. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 60. Admitted in part, denied in part. It is admitted that Nicholas T. Thimis has changed the mailing address for the account. It is denied that the change in address required Plaintiffs' permission. 61. Denied. By way of further answer, Defendant Nicholas T. Thimis never had online access to the account. WHEREFORE, Defendants request that this Honorable Court grant judgment in their favor and dismiss Plaintiffs' Amended Complaint with prejudice. NEW MATTER 62. Defendants incorporate by reference paragraphs one (1) through sixty-one (61) as though set forth at length herein. 63. Plaintiffs draft Settlement Agreement and Release, Plaintiffs' Exhibit "B", contained subject matter and terms that were not included in Defendants' alleged offer. 64. The additional terms of the draft Settlement Agreement and Release were including, but not limited to, a. Plaintiffs' "exclusive right to lease out the premises prior to any sale of 6393 Stephen's Crossing, Mechanicsburg, PA." b. Plaintiffs' "right to receive rental income until the sale of 6393 Stephen's Crossing, Mechanicsburg, PA." C. "Nicholas T. Thimis acknowledges that the general and/or durable power of attorney he received in the past from Timmy G. Thimis and Tassia N. Thimis has been revoked and that he affirms he has not used the Power of Attorney in any way to borrow, encumber, alienate, sell, transfer or exercise control over any assets or accounts owned solely or in part by Timmy G. Thimis and Tassia N. Thimis." d. Terms for an alleged loan between the parties. e. Setting monthly payments in the amount of$1,000.00 for the alleged loan. f. Setting an interest rate of 6% and attorney's fees for collection of the alleged loan. g. Payment of$1,000.00 from an M&T Bank Account. h. Return of a"M1911A1 (Colt. 45 Automatic) and its holster, pistol belt and magazine." 65. Plaintiffs did not execute a final Settlement Agreement and Release. 66. Plaintiffs did not execute the draft Settlement Agreement and Release. 67. Defendants did not execute a final Settlement Agreement and Release. 68. Plaintiffs gave Defendants $30,000.00 without expecting to be repaid and without any conditions or terms of repayment. 69. Defendants made payments to Plaintiff without being asked to do so and in amounts they could afford. 70. Defendants never agreed to make monthly payments in specific dollar amounts or at specific times to Plaintiffs. 71. Plaintiffs never demanded the full amount of the alleged loan be repaid to Plaintiffs. 72. Defendant,Nicholas T. Thimis did not use his Power of Attorney to deposit money into the M&T Bank account referenced in Plaintiffs' Amended Complaint. 73. Plaintiffs failed to show how Defendants breached the alleged fiduciary relationship in Count III. 74. Plaintiffs failed to establish a cause of action for breach of fiduciary duty in Count III. 75. Plaintiffs failed to establish a cause of action for breach of contract in Counts I and Count II. 76. On or about September 5, 2012 Plaintiffs' counsel sent a letter to Defendants' counsel showing that no resolution had been reached between the parties. A true and correct copy of the September 5, 2012 letter is attached hereto as Exhibit"A" and incorporated herein by reference. 77. On or about September 10, 2012 Defendants' counsel sent a letter to Plaintiffs' counsel rejecting Plaintiffs' counteroffer due to the substantially different terms that were included in Plaintiffs' counteroffer. A true and correct copy of the September 10, 2012 letter is attached hereto as Exhibit"B" and incorporated herein by reference. 78. On or about September 17, 2012 Plaintiffs' counsel sent a letter to Defendants' counsel identifying some of the additional terms that were added to Plaintiffs' counteroffer, such as references to the loan,pistol, M&T account and leasing of the property. A true and correct copy of the September 17, 2012 letter.is attached hereto as Exhibit"C"and incorporated herein by reference. 79. On or about September 21, 2012 Defendants' counsel sent a letter to Plaintiffs' counsel again rejecting Plaintiffs' counteroffer. A true and correct copy of the September 21, 2012 letter is attached hereto as Exhibit"D" and incorporated herein by reference. WHEREFORE, Defendants request that this Honorable Court grant judgment in their favor and dismiss Plaintiff's Amended Complaint with prejudice. COUNTERCLAIM COUNT I: CONVERSION 80. Counterclaim Plaintiffs,Nicholas T. Thimis and Tanya J. Thimis, incorporate by reference paragraphs one (1)through seventy-nine (79) as though set forth at length herein. 81. Counter Defendant, Timmy G. Thimis and Counter Plaintiff,Nicholas T. Thimis established and maintained a joint bank account with M&T Bank (Account#XXX672). 82. Account#XXX672 was set up for the purposes of collecting rents from and paying expenses of the investment property owned by Counter Defendants and Counter Plaintiffs, known as 6393 Stephens Crossing, Mechanicsburg, PA 17050 ("investment property"). 83. The parties to the investment property agreed to split the profits from the investment property equally. 84. ' Counter Defendant, Timmy G. Thimis was responsible for depositing rents to Account#XXX672 and paying the bills of the investment property. 85. On three separate occasions, Counter Defendant, Timmy G. Thimis made withdrawals, without the permission of Counter Plaintiffs, from Account#XXX672 in the amounts of$600.00, $700.00 and $500.00. 86. On or about February 1, 2012, Counter Defendant, Timmy G. Thimis without permission of Counter Plaintiffs, made withdrawals from Account#XXX672 in the amounts of $2,000.00 and $3009.99. 87. Counter Defendant, Timmy G. Thimis withdrew the majority of the funds from Account#XXX672 and closed the bank account without permission of Counter Plaintiffs. 88. Counter Defendants opened a new checking account with M&T Bank in the names of Counter Defendants ("new account"). The new account statement is attached to Plaintiffs' Complaint as Plaintiffs' Exhibit"H". 89. It is believed and therefore averred that Counter Defendants have rented the. investment property and have collected rents from the investment property. 90. Counter Defendants have not provided an accounting to Counter Plaintiffs for Account#XXX672,the new account or the collection of rents. 91. Counter Plaintiffs are entitled to one-half of the rents and one-half of the balance of any account maintained for the investment property. 92. Counter Defendants have deprived Counter Plaintiffs of their rights in Account #XXX672, the new account and rents collected on the investment property. WHEREFORE, Counterclaim Plaintiffs, request that this Honorable Court order(a) an accounting of Account#XXX672, any other account maintained for the investment property, and any rents collected on the investment property; (b) grant judgment in their favor in the amount determined to be their portion of said accounts and rents; and(c)provide whatever other relief the Court deems just and proper. COUNTERCLAIM COUNT II: BREACH OF FIDUCIARY DUTY 93. Counterclaim Plaintiffs,Nicholas T. Thimis and Tanya J. Thimis, incorporate by reference paragraphs one (1)through ninety-two (92) as though set forth at length herein. 94. Counter Defendants and Counter Plaintiffs are joint tenants and partners in the business of leasing of the investment property. 95. Counter Defendant, Timmy G. Thimis and Counter Plaintiff,Nicholas T. Thimis established and maintained Account#XXX672 for the business of leasing the investment property. 96. On three separate occasions, Counter Defendant, Timmy G. Thimis made withdrawals, without the permission of Counter Plaintiffs, from Account#XXX672 in the amounts of$600.00, $700.00 and $500.00. 97. On or about February 1, 2012, Counter Defendant, Timmy G. Thimis, without permission of Counter Plaintiffs, made withdrawals from Account#XXX672 in the amounts of $2,000.00 and $3009.99. 98. Counter Defendant, Timmy G. Thimis withdrew the majority of the funds from Account#XXX672 and closed the bank account without permission of Counter Plaintiffs. 99. Counter Defendants opened a new checking account with M&T Bank in the names of Counter Defendants ("new account"). The new account statement is attached to Plaintiffs' Complaint as Plaintiffs' Exhibit"H". 100. It is believed and therefore averred that Counter Defendants have rented the investment property and have collected rents from the investment property. 101. Counter Defendants have not provided Counter Plaintiffs with access to the new account or accountings of Account#XXX672, the new account or the collection of rents. 102. Counter Plaintiffs are entitled to one-half of the rents and one-half of the balance of any account maintained for the investment property. 103. Counter Defendants have deprived Counter Plaintiffs of their rights in Account #XXX672, the new account and rents collected on the investment property. 104. Counter Defendants acted in their own interests and not for the benefit of the investment partnership by withdrawing the funds from the joint account and not providing Counter Plaintiffs with access to the investment property funds and accountings of said funds. WHEREFORE, Counterclaim Plaintiffs, request that this Honorable Court order(a) an accounting of Account#XXX672, any other account maintained for the investment property, and any rents collected on the investment property; (b) grant judgment in their favor in the amount determined to be their portion of said accounts and rents; and (c)provide whatever other relief the Court deems just and proper. COUNTERCLAIM COUNT III: UNJUST ENRICHMENT 105. Counter Plaintiffs incorporate by reference paragraphs one (1)through one hundred and four(104) as though set forth at length herein. 106. Counter Plaintiffs installed a Kenmore washer and Maytag Dryer in the investment property worth $400.00. 107. Counter Plaintiffs paid for the installation of blinds in the investment property from Select Blinds in the amount of$300.00. 108. Counter Plaintiff, Tanya Thimis provided labor and materials for repairs, maintenance and improvements to the investment property in the amount of$1855.00. 109. Counter Plaintiffs paid for the rental advertisement of the investment property in the amount of$59.98. 110. Counter Plaintiffs paid $5,225.00 for the materials and supplies used for the repairs and improvements made to the investment property. 111. Counter Plaintiffs paid$2,072.75 for the purchase of a new roof for the investment property. 112. Counter Plaintiffs paid $2,500.00 for the purchase of windows, a new stove and floor sanding for the investment property. 113. Counter Plaintiffs paid $10,053.00 for the down payment and closing costs to purchase the investment property. 114. Counter Plaintiffs conferred a benefit upon Counter Defendants by paying for improvements and repairs to the investment property. 115. Counter Plaintiffs conferred a benefit upon Counter Defendants by paying a portion of the down payment and closing costs for the purchase of the investment property. 116. Counter Plaintiffs conferred a benefit upon Counter Defendants by providing materials and services to improve the investment property. 117. Counter Defendants have appreciated the benefits so provided by Counter Plaintiffs by using the improvements in the business of leasing the investment property and collecting rents. 118. Counter Defendants have retained the benefits provided by Counter Plaintiffs under circumstances such that it is inequitable for Counter Defendants to retain the benefits without making payment of the value. WHEREFORE, Counter Plaintiffs request that this Honorable Court grant judgment in their favor and against Counter Defendants for the sum of$22,465.73 plus costs and expenses. Respectfully submitted, BARIC SCHERER LLC Date: Tri is D. Na �Esqui I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Answer with New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. This verification is signed by Tricia D. Naylor, Esquire, Attorney for Defendants and is based upon the statements provided by Defendants, as well as documents reviewed by the undersigned as attorney for Defendants. This verification will be substituted and ratified by a verification signed by the Defendants who are presently unavailable to sign said verification. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unswom falsifications to authorities. Dated: Tricia D. Na r, Es e CERTIFICATE OF SERVICE I hereby certify that on May�3 , 2013, I, Tricia D. Naylor, Esquire of Baric Scherer LLC, did serve a copy of Defendants' Answer with New Matter and Counterclaims, by first class U.S. mail,postage prepaid,to the parties listed below, as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, Pennsylvania 17070 Tric a D. Nayl Esquir C'9/05./-?012 12:08 7177701278 HOWELL LAW FIRM PAGE 01/01 ir JL 9 619 Bridge Srreet, New Cumberland,Pennsylvania 17070 Telephone 717-770_1277 Pax 717-7701278 'ViA.FAX 249-5755 �*x* September 5, 2012 Tri.cia.D. Naylor, Esquire Badc Scherer LLC 19 Vilest Souti). Street Carlisle, PA 1701.3 RE: Thimi.s Rental Property a.nd )Joan Dean Tricia: As you Know on.August 13(1' 1 forwarded the Settlement Agreement and.Release as vilell as a proposed:deed, 1. called yesterday afte-m.ow a.iid today and have left messages. My clients insist on a resolution of this.ma.tter by September 11, 2012. If no resolution is reached then litigation to: (a)partition the real estate; (b) obtain the.return of the .45 automatic pistol.; and (c) repay the$1,000.00 in the M & T account shall be Bled. Very truly yours, Stever .owell, B uire ��H bth cc: 'Timmy and Tassi.a Thfinis Exhibit "A" 19 West South Street --BARIC Carlisle,Pennsylvania 17013 (717)249-6873 Attorneys at Law (717)249-5755-Fax dbaric @baricscherer.com SCHERER LLC David A. Baric Michael A. Scherer Tricia D. Naylor Bret P. Shaffer September 10,2012 VIA FACSIMILE ONLY TO: (717)770-1278 Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, Pennsylvania 17070 FOR SETTLMENT PURPOSES ONLY Dear Steven: As we discussed, I spoke with Nicholas Thimis this morning regarding your proposed Release. It is substantially different from what my clients had offered and includes items and matters unrelated to the subject property. My clients are no longer interested in conveying the property to your clients without being compensated for their interest in the property. Please serve my clients directly with any complaint in this matter. Very truly yours, A SC R LLC Naylor,Es uire TDN/ar Enclosures cc: File Nicholas and Tanya Thimis Exhibit "B" J/17/2012 09:20 7177701278 HOWELL LAW FIRM PAGE 01/U1 Ir ir tIOWELL LAw FIRM 619 Bridgc Street,New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Pax 717-770-1278 VIA FAX 249-575-5 'k September 17, 2012 Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 RE: Thimis Rental Property and Loan Dear Tricia: Since your client has re.neged on the settlement agreement we now have the issue of the carrying costs for the rental unit while the partition action is litigated. This includes the mortgage payraeat, taN. es, insuxance, cond-orniiijum fees and routine maintenance. In order to eliminate this carrying cost my client has secured a tenant oil a. twelve (1.2) .moth lease for$1,250-00 per month. As for the$30,000.00 loan your client remains delinquent by several months. If this delinquency is not cured within live(5) days a.separate cause of action to accelerate all remaining payments shall be filed. In the alteniative.I your client can simply honor is prior commitment to settle the case in accordance with the Settlement Agreern.ent but retain the pistol. and$1,000-00 in the N4 &T.Accmint. Since the recent sales prices in the development where the rental unit is located continue to plurnmet any delay will Only lower the net equity which benefits my clients in the litigation. This letter is the fivial effort to settle this matter and is not ad.r.nissible under the Pennsylvania Rules of Evidence in any subsequent proceeding, Very truly yours, S e- T.-low E L squire SH/bth cc: Tirnrny and Tassia Thimis Exhibit "C" 19 West South Street RX-RIC Carlisle,Pennsylvania 17013 (717)249-6873 Attorneys at Law (717)249-5755-Fax dbaric @baricscherer.com SCHERER LLC David A. Baric Michael A. Scherer - Tricia D.Naylor Bret P. Shaffer September 21,2012 VIA FACSIMILE ONLY TO: (717)770-1278 Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, Pennsylvania 17070 FOR SETTLMENT PURPOSES ONLY Dear Steven: I am in receipt of your letter dated September 17,2012 indicating that the property has been rented. Please provide me with a copy of the executed lease with the new tenant. Since my clients no longer have access to the rental checking account, please provide monthly statements showing deposits and copies of all disbursements. As indicated previously your client's counteroffer was substantially different from what my clients had offered. They do not believe your clients were acting in good faith and therefore do not wish to convey the property without being compensated for their interest in the property. Please let me know if you wish to discuss this matter further. Very truly yours, B C SC RER C Tri is D.Nayl Esquire TDN/ar Enclosures cc: File Nicholas and Tanya Thimis Exhihit "D" TIMMY G. THIMIS and IN THE COURT OF COMMON PLEAS OF TASSIA N. THMIS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2012-6361 CIVIL TERM NICHOLAS T. THIMIS and CIVIL ACTION-LAW TANYA J. THIMIS Defendants PRAECIPE TO ATTACH SUBSTITUTE VERIFICATIONS Please attach the following Substitute Verifications to the Defendants' Answer with New Matter and Counterclaim filed in this matter on May 13, 2013. Respectfully submitted, ,"'�T— w CD BARIC SCHERER LLC . C-; Tricia Naylor, E re Date: I. 60 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I, Tanya J. Thimis,verify that the statements made in the foregoing Answer with New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, Tricia D. Naylor, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. DATE: 5 �3 12Z 13 T- (.�hnya J. Thimis VERIFICATION I,Nicholas T. Thimis,verify that the statements made in the foregoing Answer with New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, Tricia D. Naylor, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. � l3 � DATE: 3 T4(- . Nicholas T. Thimis CERTIFICATE OF SERVICE I hereby certify that on May P13 , 2013, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of Praecipe To Attach Substitute Verifications, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, ennsylv is 1707 Tri is D. Naylor, squire TIMMY G. THIMIS and IN THE COURT OF COMMON PLEAS TASSIA N. THIMIS, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA VS. NO. 2012—6361 CIVIL TERM NICHOLAS T. THIMIS and TANYA J. THIMIS, JURY TRIAL DEMANDED Defendants CIVIL ACTION—LAW REPLY TO NEW MATTER AND ANSWER WITH NEW MATTER TO DEFENDANTS COUNTERCLAIMS -OX s rn c To: Defendants Nicholas T. Thimis and Tanya J. Thimis Q c/o Tricia D. Naylor, Esquire r --4(:) Baric Scherer LLC An a 19 West South Street C Carlisle, PA 17013 " Notice to Plead YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER TO COUNTERCLAIMS WITHIN TWENTY(20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. REPLY TO NEW MATTER 62. DENIED. No response is required. If a response were required the Plaintiffs incorporate by reference the allegations of fact in the Amended Complaint filed November 27, 2012 as though fully set forth. 63. DENIED. Plaintiffs' draft Settlement Agreement.and Release contained all the material terms of the parties' extensive negotiations between counsel and between themselves from the late Spring of 2011 up through the draft agreement dated August 13, 2012. t 64. DENIED. Plaintiffs' draft Settlement Agreement and Release contained all the material terms of the parties' extensive negotiations between counsel as well as all material areas of disagreement between the parties. 65. ADMITTED. By way of further explanation, the Defendants authorized their attorney to extend a written settlement offer dated July 23, 2412 which stated: I spoke with Nicholas Thimis this morning and he would like to put an end to out negotiations. He does not wish to put his parents through this process any longer. My clients agree to resume making payments under the loan and intend to make a payment this week. In addition, my clients agree to transfer the property [6393 Stephen's Crossing, Mechanicsburg, PA 174501 to your clients in exchange for being released from any past or future obligations relating to the property. Your clients can then determine what is fair regarding the distribution of any sale proceeds. Please prepare a deed conveyance and a release for my review. Thank you for your prompt attention to this matter. Emphasis added. 66. ADMITTED. Plaintiffs incorporate by reference their response to¶65 as though fully set forth. 67. ADMITTED. Plaintiffs incorporate by reference their response to 165 as though fully set forth. b$. DENIED. This allegation is completely and utterly false. The Defendants asked for a loan of$30,000.00 so they could make a down payment on a home in Louisiana. The Defendants agreed to specific repayment terms. The Defendants simply refused to honor their oral contract to repay the loan. Plaintiffs incorporate by reference Count II of the Amended Complaint as though fully set forth. 69. DENIED. The Defendants only commenced payments after repeated demands by the Plaintiffs. 70. DENIED AS STATED. The parties' oral contract required the Defendants to repay the $30,000.00 no later than July 31, 2011 because Defendant Nicholas Thimis told his parents that he was about to win a lawsuit with his former employer and would have all the money by that time. Defendants repeatedly assured the Plaintiffs the $30,000.00 was a short term loan which would be repaid in full with the proceeds from a separate lawsuit. In reality Defendant Nicholas Thimis later admitted that he had"cancelled"the lawsuit and did not have the $30,000.00. Several months of stonewalling ensued with endless excuses by the Defendants as to why they did not have the money until monthly payment of$1,000.00 commenced in January 2012. 71. DENIED. Plaintiffs repeatedly demanded repayment in full commencing on or after July 31, 2011. Plaintiffs incorporate by reference their response to ¶68 through¶70 as though fully set forth. 72. DENIED AS STATED. This paragraph is a conclusion of law to which no response is required. If a response were required, Plaintiffs incorporate by reference Count III of the Amended Complaint as though fully set forth. 73. DENIED AS STATED. This paragraph is a conclusion of law to which no response is required. If a response were required, Plaintiffs incorporate by reference Count III of the Amended Complaint as though fully set forth. 74. DENIED AS STATED. This paragraph is a conclusion of law to which no response is required. If a response were required, Plaintiffs incorporate by reference Count III of the Amended Complaint as though fully set forth. 75. DENIED AS STATED. This paragraph is a conclusion of law to which no response is required. If a response were required, Plaintiffs incorporate by reference Counts I and II of the Amended Complaint as though fully set forth. 76. ADMITTED IN PART AND DENIED IN PART. It is ADMITTED that Plaintiffs' counsel sent the September 5, 2012 letter and it speaks for itself. It is DENIED that the letter shows no settlement had been reached following Defendants' counsel's express written offer of July 23, 2012. 77. ADMITTED IN PART AND DENIED IN PART. It is ADMITTED that Defendants' counsel sent the September 10, 2012 letter and it speaks for itself. It is DENIED that the letter shows no settlement had been reached following Defendants' counsel's express written offer of July 23, 2012. 78. ADMITTED IN PART AND DENIED IN PART. It is ADMITTED that Plaintiffs' counsel sent the September 17, 2012 letter and it speaks for itself. It is DENIED that the letter shows no settlement had been reached following Defendants' counsel's express written offer of July 23, 2012. 79. ADMITTED IN PART AND DENIED IN PART. It is ADMITTED that Defendants' counsel sent the September 21, 2012 letter and it speaks for itself. It is DENIED that the letter shows no settlement had been reached following Defendants' counsel's express written offer of July 23, 2012. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendants' New Matter and enter judgment in the amounts set forth in the Amended Complaint filed November 27, 2012. ANSWER TO COUNTERCLAIMS ANSWER TO COUNT I OF COUNTERCLAIM 80. DENIED. No response is required. If a response were required the Plaintiffs incorporate by reference their responses set forth in their Reply to New Matter. 81. ADMITTED that at one point the parties had a joint account. 82. ADMITTED that at one point the parties had a joint account. 83. ADMITTED that at one point the parties had a joint account. By way of further explanation during the extensive negotiations prior to the filing of the pending lawsuit records were provided to the Defendants. 84. DENIED AS STATED. It is expressly DENIED that Timmy G. Thimis was the only party responsible for depositing rents or paying the bills on the investment property. Management of the property over the years was shared. 85. DENIED AS STATED. Plaintiffs have reviewed their records and could not locate any transactions in the sums identified that were not authorized or required. Strict proof is demanded at time of trial. However, by way of further explanation from June 2010 through June 2011 the Defendants resided in the investment property and had sole custody of the checkbook and without prior approval made disbursements for their own personal benefit which included replacing light fixtures, electrical outlets, drawer pulls, shower curtains, carpeting,painting and the like. Essentially the Defendant used other people's money for their personal benefit. 86. DENIED AS STATED. It is expressly ADMITTED that $2,000.00 was withdrawn to pay the condominium association's assessment of$2,000.00 per unit to install a new roof on the garages in July 2010. It is expressly ADMITTED that $3,009.99 was withdrawn to prevent the Defendants from draining the account. Of these funds, $1,350.00 was a previous tenant's security deposit which was refunded in June 2012 when he vacated the property. The Plaintiffs have no confidence in the Defendants when it comes to money and that is why the funds were removed. 87. DENIED AS STATED. It is expressly ADMITTED that$2,000.00 was withdrawn to pay the condominium association's assessment of$2,000.00 per unit to install a new roof on the garages in July 2010. It is expressly ADMITTED that $3,009.99 was withdrawn to prevent the Defendants from draining the account. Of these funds, $1,350.00 was a previous tenant's security deposit which was refunded in June 2012 when he vacated the property. The Plaintiffs have no confidence in the Defendants when it comes to money and that is why the funds were removed. 88. ADMITTED. By way of further explanation the information regarding this account was shared with Defendants' counsel. 89. ADMITTED. By way of further explanation the mortgage for the investment property is solely in the name of Plaintiffs. It is their credit which will be damaged if the mortgage is not paid. By September 2012 the funds from the joint management account were exhausted and the Plaintiffs were forced to pay the September mortgage payment out of personal funds. The unit has been rented and the account is being properly managed. 90. DENIED AS STATED. Quite clearly the Defendants have been informed of the account. A full accounting can be provided prior to the time of trial. 91. DENIED. The Defendants are owed nothing because any theoretical profit is offset by the loan balance remaining due the Plaintiffs. 92. DENIED. The Defendants will be provided an accounting prior to time of trial. However, they are owed nothing as more fully set forth in the pleadings in this matter which are incorporated by reference as though fully set forth. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendants' Count I and enter judgment in the amounts set forth in the Amended Complaint filed November 27, 2012. ANSWER TO COUNT II OF COUNTERCLAIM 93. DENIED. No response is required. If a response were required the Plaintiffs incorporate by reference their responses set forth in their Reply to New Matter and Answer to Count I as though fully set forth. 94. DENIED. This paragraph is a conclusion of law to which no response is necessary. If a response were required the parties' Deed speaks for itself. 95. ADMITTED that at one point the parties had a joint account. 96. DENIED AS STATED. Plaintiffs have reviewed their records and could not locate any transactions in the sums identified that were not authorized or required. Strict proof is demanded at time of trial. However, by way of further explanation from June 2010 through June 2011 the Defendants resided in the investment property and had sole custody of the checkbook and without prior approval made disbursements for their own personal benefit which included replacing light fixtures, electrical outlets, drawer pulls, shower curtains, carpeting, painting and the like. 97. DENIED AS STATED. It is expressly ADMITTED that $2,000.00 was withdrawn to pay the condominium association's assessment of$2,000.00 per unit to install a new roof on the garages in July 2010. It is expressly ADMITTED that $3,009.99 was withdrawn to prevent the Defendants from draining the account. Of these funds, $1,350.00 was a previous tenant's security deposit which was refunded in June 2012 when he vacated the property. The Plaintiffs have no confidence in the Defendants when it comes to money and that is why the funds were removed. 98. DENIED AS STATED. It is expressly ADMITTED that $2,000.00 was withdrawn to pay the condominium association's assessment of$2,000.00 per unit to install a new roof on the garages in July 2010. It is expressly ADMITTED that $3,009.99 was withdrawn to prevent the Defendants from draining the account. Of these funds, $1,350.00 was a previous tenant's security deposit which was refunded in June 2012 when he vacated the property. The Plaintiffs have no confidence in the Defendants when it comes to money,and that is why the funds were removed. 99. ADMITTED. By way of further explanation the information regarding this account was shared with Defendants' counsel. 100. ADMITTED. By way of further explanation the mortgage for the investment property is solely in the name of Plaintiffs. It is their credit which will be damaged if the mortgage is not paid. By September 2012 the funds from the joint management account were exhausted and the Plaintiffs were forced to pay the September mortgage payment out of personal funds. The unit has been rented and the account is being properly managed. 101. DENIED AS STATED. Quite clearly the Defendants have been informed of the account. A full accounting can be provided prior to the time of trial. 102. DENIED. The Defendants are owed nothing as more fully set forth in the pleadings in this matter which are incorporated by reference. 103. DENIED. The Defendants will be provided an accounting prior to time of trial. However, they are owed nothing as more fully set forth in the pleadings in this matter which are incorporated by reference. 104. DENIED. The Plaintiffs have acted at all times in good faith. At the present time the unit is rented for $1,250.00 per month. The mortgage payment is $795.50 and the condominium fee remains $125.00. At the present time the garage door must be replaced at a cost of$1,080.41. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendants' Count 1I and enter judgment in the amounts set forth in the Amended Complaint filed November 27, 2012. ANSWER TO COUNT III OF COUNTERCLAIM 105. DENIED. No response is required. If a response were required the Plaintiffs incorporate by reference their responses set forth in their Reply to New Matter and Answer to Count I and Count II as though fully set forth. 106. DENIED AS STATED. In June 2010 the Defendants needed to move into the unit and they decided—without approval or prior notice—to discard the perfectly functioning washer and dryer with used units the Defendants brought from their prior residence. They had no authority to discard the existing units. They had no authority to expect repayment from the management account. 107. DENIED AS STATED. In June 2010 the Defendants needed to move into the unit and they decided—without approval or prior notice—to discard perfectly functioning window blinds with new window treatments. They had no authority to discard the existing blinds. They had no authority to expect repayment from the management account. 108. DENIED AS STATED. In June 2010 the Defendants needed to move into the unit and they decided—without approval or prior notice—to spend money on aesthetic things they desired. They had no authority to make any improvements without the Plaintiffs' knowledge or approval. They had no authority to expect repayment from the management account. 109. DENIED AS STATED. The Defendants were without authority to run any rental advertisements without the approval of the Plaintiffs and strict proof is demanded at time of trial. I 10. DENIED AS STATED. A review of the check register shows that Defendants already were reimbursed $1,501.48 for the claimed sum of$5,225.00. A check of the receipts allegedly supporting the claim for $5,225.00 includes such things as Pittsburgh Steeler novelty key chains, cleaning supplies (while Defendants resided in the unit) and other consumable items that any other renter would have to provide for themselves. Strict proof is demanded at time of trial for each and every dollar requested in reimbursement. 111. DENIED. The new roof was paid out of the management account. 112. DENIED. The windows, new stove and floor sanding were paid out of the management account. 113. DENIED. The Defendants did not pay $10,053.00 towards the down payment on the property. In addition, Defendants fail to recognize that subsequent to the closing, a deed had been exchanged in 2007 in which the Defendants gave up all title and right to the premises in exchange for the Plaintiffs forgiving a loan to him of$150,000.00 in April 2002 for a failed business venture in Wisconsin and for substantial advances by the Plaintiffs for Defendant Nicholas Thimis' legal fees and bail associated with his arrest in a twenty one (21) count criminal complaint filed on January 29, 2004 in Chester County, Pennsylvania. 114. DENIED. Plaintiffs incorporate by reference their responses set forth in¶62 through¶113 as though fully set forth. 115. DENIED. Plaintiffs incorporate by reference their responses set forth in¶62 through¶113 as though fully set forth. 116. DENIED. Plaintiffs incorporate by reference their responses set forth in¶62 through¶113 as though fully set forth. 117. DENIED. Plaintiffs incorporate by reference their responses set forth in¶62 through¶113 as though fully set forth. 118. DENIED. Plaintiffs incorporate by reference their responses set forth in¶62 through¶113 as though fully set forth. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendants' Count III and enter judgment in the amounts set forth in the Amended Complaint filed November 27, 2012. NEW MATTER TO COUNTERCLAIM 119. Defendants resided in the investment property from June 2010 to June 2011 and only paid the mortgage and condo fee leaving a monthly shortfall of $434.00 less than the fair market rental value for that year and Plaintiffs are entitled to %2 of the shortfall as an offset to any economic claim by the Defendants. 120. Defendants' claim to making any portion of the down payment of closing costs was extinguished when they executed a deed in 2007 conveying their entire interests back to the Plaintiffs as Grantees. 121. Defendants fail to recognize that subsequent to the closing, a deed had been exchanged in 2007 in which the Defendants gave up all title and right to the premises in exchange for the Plaintiffs forgiving a loan to him of$150,000.00 in April 2002 for a failed business venture in Wisconsin and for substantial advances by the Plaintiffs for Defendant Nicholas Thimis' legal fees and bail associated with his arrest in a twenty one (2 1) count criminal complaint filed on January 29, 2004 in Chester County, Pennsylvania. 122. Defendants executed a deed attached hereto as Exhibit"A" conveying their interest in the premises to the Plaintiffs. 123. Defendants borrowed $150,000.00 in April 2002 from the Plaintiffs and when the Defendants failed to repay this loan they transferred their entire interest in the investment property back to the Plaintiffs in September 2007 thereby extinguishing any claims for reimbursements or credits prior to that time. 124. In 2004 the Defendants borrowed legal fees and bond fees following the arrest of Defendant Nicholas Thimis as described in a twenty one (2 1) count criminal complaint filed on January 29, 2004 in Chester County, Pennsylvania. A copy of the ujsportal printout is attached hereto as Exhibit 125. Any economic claims by the Defendants against the Plaintiffs which originate prior to the deed attached hereto as Exhibit"A"were extinguished. 126. The new stove was paid out of the management account and not from Defendants' personal funds. 127. The new windows were paid out of the management account and not from Defendants' personal funds. 128. The floor sanding was paid out of the management account and not from Defendants' personal funds. 129. The new roof for the investment property was paid out of the management account and not from Defendants' personal funds. 130. The Defendants disposed of the existing washer and dryer in the investment property without authority from the Plaintiffs. 131. The Defendants installed new blinds in the investment unit without authority from the Plaintiffs. 132. The Defendants removed a screen to the back patio door without authority from the Plaintiffs. 133. The Defendants are not believed to have disclosed to the mortgage company for the home they purchased in the spring of 2011 that they had ever received a"gift" or "gift letter" from the Plaintiffs for the $30,000.00 loan. 134. The Defendants are not believed to have disclosed to the mortgage company for the home they purchased in the spring of 2011 that they had ever received a$30,000.00 loan from the Plaintiffs. 135. The Defendants have a long history of borrowing funds from the Plaintiffs and then reneging on those repayment promises. 136. Any economic claims by the Defendants against the Plaintiffs may be barred by the statute of limitations. 137. Any economic claims by the Defendants against the Plaintiffs may be barred by the doctrine of laches. 138. Any economic claims by the Defendants against the Plaintiffs may be barred by the doctrine of compromise and settlement and unclean hands. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in the amounts set forth in the Amended Complaint filed November 27, 2012. Respectfully submitted, BY: Steve owell, sq ire ell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiffs Date: June 14, 2013 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Tricia D. Naylor, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 By: Stev Howe squir Date: June 14, 2013 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. BY: Timmy G. imis Date: BY: � io, N %l Tassia N. Thimis Date: c Tax Parcel No. 10-19-1604-215 THIS DEED, MADE THE lo day of August in the year of our Lord two thousand seven(2007). BETWEEN NICHOLAS T.THIMIS and TANYA J.THIMIS,husband and wife,of Green Bay,Wisconsin,parties of the first part, Grantors, and TIMMY G.THIMIS,and TASSIA THIMIS,husband and wife,of Hampden Township,Cumberland County,Pennsylvania,parties of the second part, Grantees: -' WITNESS ` 'H;thatin cansideratlon of One ••-( 1.00} ._Dollar,in hand paid,the receipt whereof is hereby acknowledged,the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns,as tenants by the entirety,all of their right- title and interest,being an undivided one-half interest in the following: ALL THAT CERTAIN Unit in the property known,named and identified in the Declaration Plan referred to below as STEPHEN'S COURT GAMMA,situate in the Village of Westover,Hampden Township,Cumberland County, Pennsylvania,which has been submitted to the provisions of the Unit Property Act of Pennsylvania,Act of July 3, 1963,P.L. 196(68 P. S.700.101,et seq.),by recording in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania,of a Declaration dated September 7, 1979 and recorded in Miscellaneous Book 246,Page 382,and a Declaration Plan dated September 7, 1979 and recorded in Plan Book 36,Page 55,and a Code of Regulations, Exhibit"B"of said Declaration,described as follows: BEING and designated on the Declaration Plan as Unit C-5 with detached garage, said garage designated on the Declaration Plan as Unit C-5-G,together with an undivided interest appurtenant to the Unit in all Common Elements.(as defined in the Declaration) of 16 2/3%. The Unit is municipally numbered as 6393 Stephen's Crossing,Village of Westover,Mechanicsburg,Pennsylvania. BEING the same premises which Moo Sik Won and Young H.Won,husband and wife, by deed dated January 5,2002 and recorded January 10,2002,in the Office of the Recorder of Deeds,in and for Cumberland County,at Carlisle,Pennsylvania,in Deed Book 249,Page 4750,granted and conveyed to Timmy G.Thimis and Tassia Thimis, husband and wife,as tenants by the entirety, holding as joint tenants with right of survivorship with Nicholas G.Thimis and Tanya J.Thimis,husband and wife,as tenants by the entirety. �r EXHIBIT m IT IS the intent of the within deed to convey all of the right,title and interest of Nicholas T.Thimis and Tanya J.Thimis to Timmy G.Thimis and Tassia Thimis,thereby vesting title in fee simple solely in Timmy G.Thimis and Tassia Thimis,husband and wife,as tenants by the entirety, THE WITHIN conveyance is from son and daughter-in-law to parents,and is, therefore,exempt from realty transfer taxes imposed by the Commonwealth of Pennsylvania,Hampden Township,and West Shore School District. AND the said Grantors do hereby covenant and agree that they will warrant SPECIALLY the property hereby conveyed. IN WITNESS WHEREOF, said Granters Faye her„unto-.set thezr.ha- '-and-. seats this day and year first above written. Signed,Sealed,and Delivered in the Presence of {SEAL) NICHOLAS T.THIMIS (SEAL) TANY J HIMIS STATE OF WISCONSIN Iss. On this, the b day of AV US+ 2007 before me, the undersigned officer,personally appeared NICHOLAS T.THIMIS and TANYA J.THIMIS,husband and wife,known to me(or satisfactorily proven)to be the persons whose names are subscribed to the within instrument,and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF,1 hereunto set my hand and official seal. F 4^4:4 - i A I 4 I do hereby certify that the precise residence and complete post office the within named Grantee is 49'”Stephen's Crossing,Mechanicsburg, PA 17055. Robert G.Frey,Esquire Attorney for Grantee ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE,PA 17013 717-240-6370 Instrument Number-200734330 Recorded On 9/4/2007 At 10:47:42 AM *Total Pages-3 *Instrument Type=DEED Invoice Number-3671 User ID-KW *Grantee-TBIMIS,TIMMY.G. *Customer-FREY *FEES' STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $11:50 RECORDER OF DEEDS AFFORDABLi HOUSING ' $11.50 This page is now part COUNTY ARCHIVES FEE $2.00 of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $38.50 I Certify this to be recorded "in-Tum `er an ov Cuye RECORDER O D EDS t� •-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 00030R IIIIII I III (VIII COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Number:CP-16-CR-0000663=2004 CRIMINAL DOCKET Court Cage Commonwealth of Pennsylvania Page 1 of 7 V. Nicholas Thimis Cross Court Docket Nos: CR-0000029-04 JudoeAssigned: Sarcione,Anthony A. Date Filed: 02/06/2004 Initiation Date:02/0612004 Qom{: H7100800 Lower Court Docket No: CR-0000029-04 Initial.lssuina Authority: Chester F Darlington Final issuing Authority: Chester F Darlington Arrestina Aaency: E Whiteland Twp Police Dept Arresting Officer: Stefanski,Stephen J. Case Local Number Type(s) Case Local Number(s) Case Reference Number 416453 Legacy Docket Number CR-00563-2004 Case Status: Closed Status Date Processing Status Arrest Date: 01129/2004 05/04/2004 Migrated Final Disposition Comolaint Date: 01/29/2004 Confinement Confinement Destination Confinement Still in Known As Of I= Location Custody 01129/2004 County Jail Chester County Prison Yes Date Of Birth: 01/05/1956 City/State/Zip: Green Bay,WI 54302 Particioant Type Name Defendant Thimis,Nicholas Thimis,Nicholas Nebbla Status: None Bail Action P; Rail Tvoe Percentage Amount Bail Postina Status Posting Date Set 02/03/2004 Monetary 10.00% $50,000.00 Posted 02/03/2004 5@M Oda Sao. Grade Statute Statute Description Offense Dt, gam{ 1 1 F1 18§2702 §§A1 Aggravated Assault 01/29/2004 117100800 2 2 M2 18§2701 §§A1 Simple Assault 01/29/2004 H7100800 AOPC 8062•Rev 07118!2012 Printed:07/18=12 Recent entries made in the court filing offices may not be Immediately reflected on these docket sheets.Nehher the courts ofdhe unified Judicial EXHIBIT System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed EXHIBIT errors or omissions on these reports. Docket Sheet Information should not be used in place of a cAminel history background check which can o only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject-to civil liability as set forth in 18 Pa.C.S.Seaton 0183. E m COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Number:CP45-CR 40005632004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 2 of 7 V. Nicholas Thimis .6= Oda Sea. Grade Statute Statute Description Offense Dt. �[{ 3 3 M2 18§2701 §§A3 Simple Assault 01/29/2004 H7100800 4 4 M2 18§2706 Recklessly Endangering Another Person 01/29/2004 H7100800 5 5 S 18§2709 §§A1 Harassment-Subject Other to Physical 01/29/2004 H7100800 Contact 6 6 S 18§2709 §§A3 Harassment-Course of Conduct W/No 01/29/2004 H7100800 Legitimate Purpose 7 7 18§3921 §§A Theft By Unlaw Taking-Movable Prop 01/29/2004 H7100800 8 8 18§3921 §§A Theft By Unlaw Taking-Movable Prop 01/29/2004 H7100800 9 9 18§3921 §§A Theft By Unlaw Taking-Movable Prop 01/29/2004 H7100800 10 10 18§3926 §§A Receiving Stolen Property 01/29/2004 H7100800 11 11 18§3926 §§A Receiving Stolen Property 01/29/2004 H7100800 12 12 18§3926 §§A Receiving Stolen Property 01/29/2004 H7100800 13 13 F1 18§3701 §§A111 Robbery-Threat immed Ser Injury 01/29/2004 H7100800 14 14 F2 18§3701 §§A11V Robbery-Inflict Threat Imm Bod Inj 01/29/2004 H7100800 15 15 18§6503 §§A Disorderly Conduct 01/29/2004 H7100800 16 16 18§6603 §§A4 Disorder Conduct Hazardous/Physi Off 01/29/2004 H7100800 17 17 S 76§3714 Careless Driving 01/29/2004 H7100800 18 18 S 76§3736 §§A Reckless Driving 01/29/2004 H7100800 19 19 M1 76§3742 §§A Accidents Involving Death Or Personal 01/29/2004 H7100800 Injury 20 20 S 76§3744 §§A Fail Stop And Give Infor Render Aid 01/29/2004 H7100800 21 21 S 76§3746 §§A1 Fail To Not Police Of Accident\Injury Or 01/29/2004 H7100800 Death. Disposition Case Event Disposition Date Final Disposition Seauence/Descriotion Offense Dispositions Section Sentencing Judge Sentence Date Credit For Time Served Sentehoo/Diversion Program Type Incarceration/Diversionary Period Start Date Sentence Conditions Linked Offense-Sentence Link Type Linked Docket Number Migrated Disposition AOPC 9082-Rev 07/18!2072 Printed:071182012 Recent entries made in the court filing offices may not be Immedlately reflected on thane docket sheets.Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for Inaccurate or delayed date,emxe or omisslons on these reports. Docket Sheet information should not be used In place of a criminal history background check which can klnlybe provided by the Pennsylvania State Police.Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth In 16 Pa.C.S.Section 9183. COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Number:CP-1&CR-0000363-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 3 of 7 V. Nicholas Thimis Disposition Case Event Disposition Data Final Disposition Seauence/Doscliption cianse Disposition Grade Section ,Sentencing Judge Sentence Date Credit For Time Served Sentence/D (nrg_rcerationtDiversionary Period Start pig Sentence Conditions Linked Offense-Sentence Link Type Linked Docket Number Migrated Dlsposibohal Event 02/06/2004 Not Final 2/Simple Assault Held for Court(Lower Court) M2 18§2701§§Ai 31 Simple Assault Held for Court(Lower Court) M2 18§2701§§A3 7/Theft By Unlaw Taking-Movable Prop Held for Court(Lower Court) 18§3921§§A 8 f Theft By Unlaw Taking-Movable Prop Held for Court(Lower Court) 18§3921§§A 91 Theft By Unlaw Taking-Movable Prop Held for Court(Lower Court) 18§3921§§A 10/Receiving Stolen Property Held for Court(Lower Court) 18§3925§§A 11 1 Receiving Stolen Property Held for Court(Lower Court) 18§3925§§A 12/Receiving Stolen Property Held for Court(Lower Court) 18§3925§§A 15/Disorderly Conduct Held for Court(Lower Court) 18§5503§§A 16/Disorder Conduct Hazardous/Physi Off Held for Court(Lower Court) 48§5503§§A4 19/Accidents Involving Death Or Personal injury Held for Court(Lower Court) M1 75§3742§§A Migrated Disposition Migrated Dispositional Event 05/0412004 Final Disposition 1/Aggravated Assault Nolte Prossed F1 18§2702§§A1 2 t Simple Assault Nolte Prossed M2. 18§2701§§A1 3/Simple Assault Nolte Prossed M2 18§2701§§A3 4/Recklessly Endangering Another Person Nolo Contendere M2 18§2705 Migrated,Judge 0510412004 Financial Assessments Probation 5/Harassment-Subject Other to Physical Contact Nolte Prossed S 18§2709§§A1 6/Harassment-Course of Conduct W/No Nolte Prossed S 18§2709§§A3 Legitimate Purpose 7/Theft By Unlaw Taking-Movable Prop Nolo Contendere 18§3921§§A Migrated,Judge 05/0412004 Probation 81 Theft By Unlaw Taking-Movable Prop Nolte Prossed 18§3921§§A 9 t Theft By Unlaw Taking-Movable Prop Nolte Prossed 18§3921§§A AOPC 9082•Rev 07JIM012 PrkMOd:07118r1012 Recent entries made In the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for Inaoc mte or delayed data,errors or omissions on these reports. Docket Sheet Information should not be used in place of a criminal history background check witch can only be provided by the Pennsylvania State Police.Moreover an employer who does not comply Win the provisions ofYhs Crfminal.Nistory Record Information Act may bey*ublsatb•Ctvlrllebili*A6 net toM In la Pe.C.S.,S6cuon,04e3. COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Number:CP-16-CR4060563-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania page 4 of 7 V. Nicholas Thimis CaseEg ent Disposition Date Final Disposition Seauence/Description Offense Disposition Grade Section Sentencing Judge Sentence Date Credit For Time Served Sentence/Diversion Program am Type Incarperation/D"versionary Incarceration/Diversionary Period Start Date ,Sentence Conditions Linked Offense-Sentence Link lype Linked Docket Number 10/Receiving Stolen Property Nolte Prossed 18§3925§§A 11/Receiving Stolen Property Nolte Prossed 18§3925§§A 12/Receiving Stolen Property Nolte Prossed 18§3925§§A 13/Robbery-Threat Immed Ser Injury Nolte Prossed F1 18§3701§§A111 141 Robbery-inflict Threat imm Bod Inj Nolte Prossed F2 18§3701§§A1IV 15/Disorderly Conduct Noite Prossed i8§5503§§A IS/Disorder Conduct Hazardous/Physi Off Nolte Prossed 18§5503§§A4 17/Careless Driving Nolte Prossed S 75§3714 18/Reckless Driving Nolte Prossed S 75§3736§§A 19/Accidents Involving Death Or Personal Injury Nolte Prossed M1 75§3742§§A 201 Fail Stop And Give Infor Render Aid Nolte Prossed S 75§3744§§A 21/Fall To Not Police Of Accident\Injury Or Death Nolte Prossed S 75§3746§§A1 MigratedUsposition Migrated Dispositional Event 0 511 8/2 00 4 Not Final 1/Aggravated Assault Held for Court(Lower Court) F1 18§2702§§A1 4/Recklessly Endangering Another Person Held for Court(Lower Court) M2 18§2705 5/Harassment-Subject Other to Physical Contact Held for Court(Lower Court) S 18§2709§§Ai 8/Harassment-Course of Conduct W/No Held for Court(Lower Court) S 18§2709§§A3 Legitimate Purpose 13/Robbery-Threat Immed Ser Injury Held for Court(Lower Court) F1 18§3701§§Aitl 14/Robbery-Inflict Threat Imm Bod Inj Held for Court(Lower Court) F2 18§3701§§A11V 17/Careless Driving Held for Court(Lower Court) S 75§3714 18/Reckless Driving Held for Court(Lower Court) S 75§3736§§A 20/'Fall Stop And Give Infor Render Aid Held for Court(Lower Court) S 75§3744§§A 21/Fall To Not Police Of Accidentt Injury Or Death Held for Court(Lower Court) S 75§3746§§Ai AOPC 8092-Rev 07!1&2012 Prklted:47!582042 Recall entries made in the court filing offices may not be immediately reflected on these docket shoots.Neither the courts of the Unifled Judicial System of the Commonwealth of Pennsylvania nor the Administrative Once of Pennsylvania Courts assume any liability for inaccurate or delayed data,errors or omissions on these reports.Docket Sheet information should not be used In place of a odminai history background check which can only be provided by the Pennsylvania State Poike. Moreover an employer who does not comply with the provisions.of the Criminal NjstoryReeord' Inlbrmation Act may be eubject.to Gull liablltty as-set torth in 19 Ps.c.S.section Was. COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Number:CP-16-CR-0000663-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 5 of 7 V. Nicholas Thimis Name: Thomas Ost-Prisco,Esq. Name: Dawson R.Muth,Esq. District Attorney Private Suoreme Court No: 065772 Suoreme Court No- Phone Number{s1: Rep.Status: Active (610)344-6601 (Phone) Phone Number(s)' Address: (610)436-6220 (Phone) Chester County District Attorney's Office (610)436-0628 ' (Fax) 17.N Church Street Address: West Chester PA 19380 135 WEST MARKET STREET Representing:Thimis,Nicholas (610)436-6220 (Phone) (610)436-0628 (Fax) Address: Goldberg Meanix&Muth 135 W Market Street West Chester PA 19382 Representing:Thimis,Nicholas (610)436-6220 (Phone) (610)436-0628 (Fax) Address: 213-215 West Miner Street West Chester PA 19382 Representing:Thimis,Nicholas Seduence Number CP Filed Date Document Date Filed By 1 02/06/2004 Migrated,Filer Migrated Automatic Registry Entry( Migrated Automatic Registry Entry(Disposition)Text — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 1 02/06/2004 Unknown Filer Migrated Case Initiation Registry E Migrated Case Initiation Registry Entry AOPC 8082-Rev 07118/2012 Printed:071184012 Recent entries made in the court filing offices may not be Immediately reflected on these docket sheets.Neither the courts-of-the Unified Judicial System of the Commonwealth of Pennsylvania nor the Adminiatreuve•ORoe of Pennsylvania Courts assume any liability for Inaccurate or delayed data,errors or omissions on these reports. Docket Sheet Information should not be used in place of a criminal history background chock which can only be provided by the Pennsylvania State Police. Moreover an employer who does notoomply vAth`the provisions of�ft CrirninatHiatoryRecord tnformation'Act maybe subject to civit'llebiitty as set forth In 18 Pe.C;S.Secaon 0183. COURT OF COMMON PLEAS OF CHESTER COUNTY Docket Number:CP4S-CR4000663 62004 CRIMINA L DOCKET Court Case Commonwealth of Pennsylvania Page 6 of 7 V. Nicholas Thimis Secuence Number CP Filed Date Document Date Filed By 2 02/06/2004 Migrated,Filer 0100-READY FOR ARRAIGNMENT-BOLIN 0100-Ready for Arraign-Bound to CourtHeld for Court-by DJ:25 1 02/11/2004 Migrated,Filer 9999.-MISCELLANEOUS 9999-MiscellaneousAppearance of Private AttomeyDAWSON R.MUTH 1 02/13/2004 Migrated,Filer 9999-MISCELLANEOUS 9999-MisoallaneousAppearance of Assistant DistrictAttomeyTHOMAS OST-PRISCO — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 1 02/23/2004 Migrated,Filer 0102-READYARRAIGN-INFORMATION 0102-Ready Arraign-Information Filed 2 02/23/2004 Migrated,Filer 2004-READY FOR TRIAL-WAIVED ARR 2004-Ready Trial-Waived Arraign-Plead NG — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 1 04/07/2004 Migrated,Filer 9999-MISCELLANEOUS 9999-MlsoellaneousSch.for trial on 050404ANTHONYA.SARCIONE — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - 1 05/04/2004 Migrated,Filer Migrated Automatic Registry Entry Migrated Automatic Registry Entry(Disposition)Text — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 2 05/04/2004 Migrated,Filer Migrated Automatic Registry Entry( Migrated Automatic Registry Entry(Sentence)Text — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - 3 05/04/2004 Migrated,Filer 9010-PROBATION 9010 - Probation JUDGE: HOWARD F. RILEY JR.NOLO CONTENDERE CT 7 CC3921(A) M2: PROS 24 MOS,$100 FINE & COSTS, RESIN-TBD; CT 4 CC2705'M2:PROB 24 MOS CONC W/CT 7, $100 F&C, OTHER CTSW/D-COSTS ON DEF,PROS MAY BE SERVED IN WIS. AOPC 9062-Rev 07118012 PMted:•07/16/2012 Record entries made In the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Adidal System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for Inaccurate or* delayed date,errors or omissions on these reports. Docket Sheet Information should not be used in place of a criminal history badkground.check*hlch can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions OHhe Criminal History Record Information Act may bb sublect•to dM1,1iebllity as set forth in I6'Pa.C.S..Section 9163. COURT OF COMMON PLEAS OF CHESTER COUNTY MENEM Docket Number:CP-15-CR-0000863-2004 CRIMWAL DOCKET Court Case Commonwealth of Pennsylvania Page 7 of 7 v. Nicholas Thimis mazwom Seguenga Number CP Filed Date Document Date Filed By - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --- 4 06/04/2004 Migrated,Filer 9990-PRAECIPE-REDUCTION TO JUDGEM 9990-Praedpa-Reduction to Judgment FileJUDGMENT ENTEREDPROOF SERVICE FILED — — — —— — — — — — — — — — — — — — — — — — — — — — — — — - - - - 1 05/18/2004 Migrated,Filer Migrated Automatic Registry Entry( Migrated Automatic Registry Entry(Disposition)Text — — — — — — — — — — — — — — —— — — — — — — — — — — — — — — ——-- 06/0912004 Migrated,Filer 9903-CASH BAIL RETURNED-CERTIN 9903-Cash Sall Returned-Certified MaitCHK#16476$3000 TIMMY THIMIS — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —- - A0PC 9082•Rev 07/1812012 Printed.0711812042 Recent entries made In to court filing offices may not be immediately reflected on these docket sheets Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrauva office of Pennsylvania Courts assume any liability forinaocurate or delayed date,errors or omissions OA these rsports. Docket Sheet information should not be Used in place of a criminal history beckgrouM check which can only be Provided by the Pennsylvania state Police.Moreover an employer who does not comply with the provisions of th,CrIminal History,Record Information Act may be subioa to civil jibbility as set forth in 1 0 Pa-C.S.Section 0163. TIMMY G. THIMIS and • IN THE COURT OF COMMON PLEAS OF TASSIA N. THMIS • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiffs • v. NO 2012-6361 CIVIL TEA rrl r- NICHOLAS T. THIMIS and CIVIL ACTION-LAW I r TANYA J. THIMIS r--- Defendants : >c ct.) COUNTER PLAINTIFFS' REPLY TO NEW MATTER ✓, c J NOW, come Counter Plaintiffs,Nicholas T. Thimis and Tanya J. Thimis, by and through their attorneys, BARIC SCHERER LLC, and file the within Reply To New Matter and, in support thereof, set forth the following: 119. Admitted in part, denied in part. It is admitted that Counter Plaintiffs resided in the investment property from June 2010 to June 2011 and paid the mortgage and condo fee. It is denied that the shortfall is as stated. The remaining portion of this paragraph is a conclusion of law for which no response is required. To the extent a response is required, it is denied. 120. Admitted in part, denied in part. It is admitted that Counter Plaintiffs executed a deed in 2007 conveying their interest back to Counter Defendants. The remaining portion of this averment is a conclusion of law for which no response is required. To the extent a response is required, it is denied. 121. Denied. To the contrary, Counter Plaintiffs did not transfer title to the premises in exchange for forgiveness of a loan. By way of further answer, Counter Plaintiffs transferred the premises to Counter Defendants because Counter Defendants were in need of money to cover medical bills. 122. Admitted. By way of further answer, Counter Defendants executed a deed attached hereto as Exhibit"A" conveying their interest in the premises back to Counter Plaintiffs in 2009. 123. Admitted in part, denied in part. It is admitted that Counter Plaintiff,Nicholas Thimis, borrowed $150,000.00 from Counter Defendants in April 2002. It is denied that Counter Plaintiffs failed to repay the $150,000.00 loan or that the conveyance of the property was related to said loan. To the contrary, Counter Plaintiffs paid the loan in full. The remaining averment of this paragraph is a conclusion of law for which no response is required. To the extent a response is required, it is denied. 124. Denied in part, admitted in part. It is denied that Counter Defendants paid for any legal fees resulting from the criminal complaint. After reasonable investigation, Counter Plaintiffs are without knowledge or information sufficient to form a belief as to the truth about bond fees paid by Counter Defendants. Any contribution made by Counter Defendants to bond fees was a gift to their son. 125. This averment is a conclusion of law for which no response is required. To the extent a response is required, it is denied. 126. Admitted in part, denied in part. It is admitted that a check was written from the management account to pay for the new stove, after Counter Plaintiffs deposited ''/2 of the payment into the management account. It is denied that funds for payment of the new stove did not come from Counter Plaintiffs' personal funds. One check in the amount of$2,500.00 was deposited into the management account from Counter Plaintiffs to cover their '/2 portion of the new stove, new windows and floor sanding. 127. Admitted in part, denied in part. It is admitted that a check was written from the management account to pay for the new windows, after Counter Plaintiffs deposited '/2 of the payment into the management account. It is denied that funds for payment of the new windows did not come from Counter Plaintiffs' personal funds. One check in the amount of $2,500.00 was deposited into the management account from Counter Plaintiffs to cover their '/2 portion of the new stove, new windows and floor sanding. 128. Admitted in part, denied in part. It is admitted that a check was written from the management account to pay for the floor sanding, after Counter Plaintiffs deposited '/2 of the payment into the management account. It is denied that funds for payment of the new stove did not come from Counter Plaintiffs' personal funds. One check in the amount of $2,500.00 was deposited into the management account from Counter Plaintiffs to cover their '/z portion of the new stove, new windows and floor sanding. 129. Admitted in part, denied in part. It is admitted that a check was written from the management account to pay for the new roof, after Counter Plaintiffs deposited V2 of the payment into the management account. It is denied that funds for payment of the new roof did not come from Counter Plaintiffs' personal funds. One check in the amount of$2,072.75 was deposited into the management account from Counter Plaintiffs to cover their 1/2 portion of the new roof. 130. Denied. To the contrary, Counter Defendants were aware that the existing washer and dryer were over 30 years old, were leaking grease and in need of replacement. Counter Defendants did not object to their replacement. No authority from Counter Defendants was required for the replacement. 131. Denied. To the contrary, Counter Defendants were aware that the existing blinds were damaged and not functioning. Counter Defendants did not object to their replacement. No authority from Counter Defendants was required for the replacement. 132. Denied. To the contrary, Counter Defendants were aware that the existing screen was damaged and had to be replaced twice at a rate of$150.00 per replacement. Counter Defendants did not object to the removal of the screen in order to reduce future expenses. No authority from Counter Defendants was required for the screen to be removed. 133. Denied. By way of further answer, this allegation is wholly without merit and totally irrelevant to the underlying issues. 134. Denied. It is denied that the $30,000.00 was a loan. By way of further answer this allegation is wholly without merit and totally irrelevant to the underlying issues. 135. Denied. By way of further answer, Counter Plaintiffs have a history of repaying a loan of$150,000.00 made by Counter Defendants. 136. This averment is a conclusion of law for which no response is required. To the extent a response is required, it is denied. 137. This averment is a conclusion of law for which no response is required. To the extent a response is required, it is denied. 138. This averment is a conclusion of law for which no response is required. To the extent a response is required, it is denied. WHEREFORE, Counter Plaintiffs request that this Honorable Court grant judgment in their favor and against Counter Defendants as set forth in their Counterclaims. Respectfully submitted, BA' C SCHERER LLC Date: 1 3 �/ �• _ Tri a D. Naylor, . quir- I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Reply To New Matter are true and correct to the best of my knowledge, information and belief This verification is signed by Tricia D. Naylor, Esquire, Attorney for Counter Plaintiffs and is based upon the statements provided by Counter Plaintiffs, as well as documents reviewed by the undersigned as attorney for Counter Plaintiffs. This verification will be substituted and ratified by a verification signed by the Counter Plaintiffs who are presently unavailable to sign said verification. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Dated: 7/P-I i 3 er Tricia D. 1 ay • Esquire CERTIFICATE OF SERVICE I hereby certify that on July ( , 2013, I, Tricia D. Naylor, Esquire of Baric Scherer LLC, did serve a copy of Counter Plaintiffs' Reply To Counter Defendants' New Matter, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, Pennsylvania 17070 OPP icia D. Nay . 're toy 000HDG • \c _ .C5 TAX PARCEL NO. 10 19 1604-215—V '111-11S DEED MADE the e 2. day of I,�'�L4t1Z_ in the year two thousand nine (2009), between TIMMY G. THIMIS and TA�SIA THIMIS, husband and wife, of Hampden Township, Cumberland County,parties of the first part, AND TIMMY G. THIMIS and TASSIA N. THIMIS, husband and wife, as tenants by the entireties between themselves and NICHOLAS G. THIMIS and TANYA J. THIMIS, husband and wife, as tenants by the entireties between themselves and hold as joint tenants with right of survivorship as between the entireties. WITNESSETH, that the Grantors, for and in consideration of ONE DOLLAR ($1.00) lawful money of the United States of America, to the Grantors in hands well and truly paid by the Grantees,at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever,their heirs and assigns, ALL THAT CERTAIN Unit in the property known,named and identified in the Declaration Plan referred to below as STEPHEN'S COURT GAMMA, situate in the Village of Westover, Hampden Township, Cumberland County, Pennsylvania, which has been submitted to the provisions of the Unit Property Act of Pennsylvania,Act of July 1 1963, P.L. 196(68 P.S. 700.101,et seq.),by recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration dated September 7, 1979 and recorded in Miscellaneous Book 246, Page 382, and a Declaration Plan dated September 7, 1979 and recorded in Plan Book 36,Page 55, and a Code of Regulations,Exhibit`B"of said Declaration, described as follows,to wit: BEING and designated on the Declaration Plan as Unit C-5 with detached garage, said garage designated on the Declaration Plan as Unit C-5-G, together with an undivided interest appurtenant to the Unit in all Common Elements (as defined in the Declaration) of 16 2/3%. The Unit is municipally numbered as 6393 Stephen's Crossing,Village of Westover,Mechanicsburg, Pennsylvania. BEING the same premises which Nicholas T. Thimis and Tanya J. Thimis, husband and wife by their Deed, dated August 10, 2007 and recorded on September 4, 2007 in Instrument Number 200734330 granted and conveyed to Timmy G.Thimis and Tassia Thimis,husband and wife,the Grantors herein. THIS CONVEYANCE IS FROM PARENTS TO A SON AND DAUGHTER-IN-LAW AND IS THEREFORE EXEMPT FROM THE REALTY TRANSFER TAX. Exhibit "A" • TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, passages, waters, water-courses,rights, liberties,privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of them, the said Grantors,in law, equity, or otherwise howsoever,of,in,to or out of the same. TO HAVE AND TO HOLD the said lot or piece of ground above described, with the buildings and improvements thereon erected, hereditaments and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees,their heirs and assigns, forever. AND the said Grantors do hereby covenant and agree that they will warrant SPECIALLY the property hereby conveyed. IN WITNESS WHEREOF, the said Grantors hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of • / .S:morn." • / Cr71-el (SEAL) fitness TIMMY G.TIIIMIS f` C 10 4.3 a L /�r•'i al :• l'A (SEAL) Witness TASSIA THIMIS COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND • On this, the day of 2009, before, me, a Notary Public, personally appeared TIMMY G. THIMIS and TASSIA TI MIS, husband and wife, known to me or satisfactorily proven to be the persons whose names are subscribed to the within deed and acknowledged that they executed the same for the purposes therein contained. WITNESS,my hand and notarial seal the day and year aforesaid. ,:,. • (SEAh) /1 ) L i , .ter �ic • l��i� I�H�i PENNS_AN A NOTARIAL SEAL. Henry F.Coyne,Notary Public _ - Hampden Towns1ip.Cumberland Cowan, my Commission Empires June 17.2012 The undersigned certified that the precise residence and complete post office of the Grantees is: 3 g i fi .�i1�L ,2 (r Mai ( 7OsC \IM ATTO' ► •R GRAN ES Lice ROBERT P. ZIEGLER RECORDER OF DEEDS r jsk . CUMBERLAND COUNTY ' ` "A`' 1 COURTHOUSE SQUARE ` .,.`3 ^`-`- n' ' tz-�_ CARLISLE, PA 17013 1.'J,.4 u1f'. - _+�. !-F ��Q'',,������,,�� i �,; „ , -' 717-240-6370 1 g • , Instrument Number-200918672 Recorded On 6/4/2009 At 9:37:57 AM *Total Pages-4 *Instrument Type-DEED Invoice Number-45184 User ID-AF *Grantor-THIMIS,TIMMY G *Grantee-THIMIS,TIMMY G *Customer-COYNE *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $12.50 RECORDER OF DEEDS ThIS nOW a e is part PARCEL CERTIFICATION $10.00 p 11 FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY SCHOOL $0.00 DISTRICT HAMPDEN TOWNSHIP $0.00 TOTAL PAID $49.50 I Certify this to be recorded in Cumberland County PA ° (, ° RECORDER O D EDS -4i,Cv *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 000HDG HI TIMMY G. THIMIS and • IN THE COURT OF COMMON PLEAS OF TASSIA N. THMIS • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : • v. NO. 2012-6361 CIVIL TERM - .i • -1).-s. co - NICHOLAS T. THIMIS and • CIVIL ACTION-LAW E2 Q 71 1 - TANYA J. THIMIS : '_� r �=a Defendants r-- te CO.:=c: "' -.>C C) PRAECIPE TO DISCONTINUE ,K, TO THE PROTHONOTARY: Please discontinue with prejudice the above captioned matter against all parties including all claims and counterclaims. Respectfully submitted, BARIC SCHERER LLC HOWELL LAW FIRM ♦ -- A rte% Tric a D. Naylor, ..quire Steven .well, Es. •ire I.D.• 83760 I.D. , .2063 V07/ 19 West South Street • • Bridge Street Carlisle, PA 17013 New Cumberland, PA 17070 (717) 249-6873 (717) 770-1277 Attorney for Defendants Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on October 8, 2013, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, Pennsylvania 17070 Tricia ►r. Naaylt Esquire