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Link to the written Timeline Of Events in the Powers v. Puka lawsuit.
Below is a Visual Timeline Of Events.
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Dear Marjorie Puka, Charmelle Puka, Janette Golay, and David Taylor,
I am reaching out in a continued effort to find an amicable resolution to the ongoing disputes and concerns that have arisen between us. Given the familial context and historical ties, I believe it’s crucial that we address these issues with utmost care, respect, and fairness.
Considering the circumstances, I propose that we attempt to find common ground through mediation before resorting to formal litigation. To demonstrate my commitment to resolving this matter, I am willing to present the following settlement offer:
- Inheritance Allocation: A fair redistribution of the inheritance, ensuring Denise receives one third of her inheritance. This allocation reflects a reasonable expectation given our original agreement and the subsequent events that have taken place.
- Reimbursement for Breached Contract: Full reimbursement for the funds spent on the house contract, which was unfortunately breached. The repayment of the amount paid towards the house contract that was later breached. This is to compensate for the financial commitment made under the assumption that our original agreement would be honored.
I believe that this settlement offer is reasonable and fair, taking into account the complexities of our situation. Engaging in mediation will offer us an opportunity to address any further nuances, clarifications, or concerns. It will also help both parties avoid the extensive emotional, temporal, and financial costs associated with a protracted legal battle.
If you are amenable to this proposal, please suggest several dates within the next month for our mediation session, and I will arrange for a certified mediator. Discussions during mediation will remain confidential and cannot be used as evidence in any subsequent legal proceedings.
Terms for Mediation:
- The mediation will take place at a mutually agreeable location.
- We will jointly select a neutral third-party mediator. If we cannot agree on a mediator, we will seek recommendations from the local bar association or an equivalent body.
- All discussions during the mediation will remain confidential and will not be used in any potential subsequent litigation.
- Both parties agree to act in good faith during the mediation process, with the intent of reaching a satisfactory agreement.
- If a settlement is reached, both parties will sign a formal agreement detailing the terms, which will be legally binding.
Should you decline this offer or if we do not arrive at a mutually acceptable agreement within a defined timeframe, I retain the right to proceed with legal action. It is my hope, however, that we can collaboratively navigate this challenging situation and come to an equitable resolution.
It is my sincere hope that we can move forward in a positive direction, leaving behind any animosity or misunderstandings. This proposal reflects my lowest acceptable offer, and I believe it offers a fair resolution for both parties.
If you are in agreement with this proposal or wish to discuss it further, please respond in writing within 14 days of receiving this letter. If I do not receive a response by the indicated date, I will assume that you are not interested in mediation, and I will proceed with the necessary legal actions to safeguard my interests.
Thank you for your attention to this matter, and I hope we can find a way forward that benefits us both.
Warm regards,
Joseph Powers
