ALJDEC

00F-L990020-BFS · Department of Building and Fire Safety · 2000-06-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 7, 2000; 10:00 A.M.; Phoenix, Arizona APPEARANCES: Petitioner: Craig L. Kaltsukis Respondents: David R. Postal, Esq. ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

Based upon the agreement of the parties, Administrative Law Judge George A. Schade, Jr. submits this Recommended Decision and Order to the Director of the Arizona Department of Building and Fire Safety. Prior to the commencement of the hearing, the parties discussed the contested issues and reached a mutual resolution The Administrative Law Judge participated in some of the discussions. Parties may resolve a contested case by agreed settlement. Arizona Revised Statutes § 41- 1092.07(F)(5). Both parties avowed that their agreement represents a fair and proper disposition of this matter. The terms of the agreement are: 1. Respondents shall prepare a Stipulated Judgment, pursuant to the Court’s recent minute entry order, which shall be filed with the Maricopa County Superior Court in Civil Case CV-98-15762 (Kaltsukis v. Davison et al.) (“the pending Superior Court action”). Mr. Kaltsukis shall sign the Stipulated Judgment. A. Mr. Kaltsukis shall receive title to the mobile home free and clear of any liens or claims of Respondents, except for any taxes that may be due. B. Both parties will withdraw all motions pending before the Superior Court, and neither party shall file any further motions. C. The parties shall dismiss with prejudice all pending claims in the Superior Court action. D. Mr. Kaltsukis shall not appeal the Stipulated Judgment to be entered in the Superior Court action. E. Each party shall bear its attorney’s fees and costs expended in the Superior Court action. 2. Mr. Kaltsukis and Respondents will enter into a rental agreement for Space A4, for a period of one year, effective on July 1, 2000, and continuing to June 30, 2001, at a rental rate of $150.00 per month. The rent shall be due and payable on the fifth day of the month. A. As part of the rental agreement, Mr. Kaltsukis will be allowed to retain his dog in Space A4. B. Respondents shall have thirty days from June 7, 2000, to prepare the rental agreement and provide it to Mr. Kaltsukis. 3. The parties agree that Mr. Kaltsukis is the owner of the fencing, gates and storage sheds or units which he has installed as improvements in Space A4, and he may remove those items, if and when he moves from the mobile home park. 4. Mr. Kaltsukis shall be responsible for and shall take reasonable steps to remove his personal property from Space A4 or place it in acceptable storage. 5. Each party shall dismiss any other claims which they may have in this matter. This agreement shall incorporate all claims which each party may have against the other as of this time. 6. Mr. Kaltsukis withdraws his Petition for Hearing. 7. Each party shall bear its attorney’s fees and costs expended in this matter. RECOMMENDED ORDER It is recommended that the Director accept and approve the agreement of the parties and dismiss Petition for Hearing No. LTA-99-0/020. SUBMITTED this 7th day of June, 2000.

George A. Schade, Jr. Administrative Law Judge

The original Recommended Decision and Order of the Administrative Law Judge was mailed on June 8, 2000, for distribution to the parties, to:

N. Eric Borg Director Arizona Department of Building and Fire Safety East Virginia Phoenix, Arizona 85004

and at the parties’ request a copy was mailed to:

Craig L. Kaltsukis 4141 North 9th Street, Space A4 Phoenix, Arizona 85014

David R. Postal, Esq. 3601 North 7th Avenue, Suite B Phoenix, Arizona 85013

George A. Schade, Jr.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826