HomeMy WebLinkAbout98-00512
MARTIN M. SACKS & ASSOCIATES
F/B/O ROBERT ,. BLAZINA KEOGH,
BY AND THROUGH ROBERT 1.
BLAZINA TRUSTEE, JOAN FREY
BOYTIM AND lAMES A. BOYTIM,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERlAND COUNTY, PENNSYLVANIA
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CIVIL ACTION - EQUITY
v.
ROBERT F, SPANGLER, lR., and
ALETA A. SPANGLER,
Defendants
COMPLAINT
1. Plaintiff Martin M. Sacks & Associates Ilb/o Robert " Blazina Keogh (the
"Robert " Blazina Keogh") is a retirement trust established for the benefit of Robert 1.
Blazina.
2. Plaintiff Robert 1. Blazina is an adult individual residing at 40 Geisel Road,
Harrisburg, Dauphin County, Pennsylvania 171 12 and is the trustee of the Robert " Blazina
Keogh.
3, Plaintiff loan Frey Boytim is an adult individual residing at 160 Glendale
Street, Carlisle, Cumberland County, Pennsylvania 17103,
14, Pursuant to an accounting finally produced by defendant Robert F, Spangler,
Jr., on or about July 10, 1997, defendant Robert F. Spangler acknowledged "borrowing" Five
Hundred Seventy Thousand One Hundred Ninety One Dollars and Forty Two Cents
($571,191.42) from Mildred Vogelsong in his capacity as power of attomey.
15, The "borrowing" occurred absent the existence of any written documentation
or collateral being pledged by Defendant Robert F, Spangler.
16, The obligation represented by the judgment obtained by the plaintiffs arose
prior to December of 1996,
17, The Five Hundred Seventy Thousand One Hundred Ninety One Dollars and
Forty Two Cents ($571,191.42) "borrowed" from Mrs, Vogelsong arose prior to December
of 1996,
18. On December II, 1989, defendants Robert F, Spangler and Aleta A,
McNamar, now by marriage Aleta A. Spangler acquired a parcel of property commonly
referred to as 26-28 East Simpson Street. Mechanicsburg as joint tenants with right of
sUlvivorship as evidenced by deed recorded in Deed Book "H", Volume 34, Page 1140.
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19, As joint tenants with right of slllvivorship, both defendants held individual
rights in the property subject to their own individual creditors,
20, By indenture dated December 4, 1996, and recorded December II, 1996,
Robert F. Spangler, Jr" and Aleta A. McNamar, now by marriage Aleta A. Spangler,
transferred their individual property interests to each other as tenants by the entirety for the
stated consideration of One Dollar ($1.00). See copy ofindenture attached hereto as Exhibit
"A".
COUNT I -- FRAUDULENT TRANSFER
21. The averments contained in paragraphs 1 through 20 are incorporated herein
as though set forth in their entirety.
22, The transfer of defendant Robert F, Spangler, Jr.'s property interest as joint
tenant with right of slllvivorship in the property located at 26-28 East Simpson Street to him
and his wife as joint tenants in the entirety constitutes a fraudulent transfer.
23. Transfer of Robert F. Spangler, Jr.'s individual interest in the property forthe
stated consideration of One Dollar ($1,00) does not constitute reasonably equivalent value
for the property interest.
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24. Defendant's transfer of his Individual intcrcst In thc propcrty was madc with
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the actual Intent to hinder, delay or defraud Robcrt F. Spanglcr, Jr.'s creditors.
25. Thc transfer of Robcrt F. Spangler, Jr.'s individual intcrcst in thc property to
him and his wife as tenants in thc entirety constitutes a transfcr to an insidcr,
26, Dcspite transfcrof dcfcndant Robert F. Spanglcr. Jr, 's individual interest in the
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property. he rctained possession and control of the propcrty,
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27. The transfer occurred shortly after two lawsuits were commcnccd against the
defendant Robert F. Spangler. Jr" through which defendant ultimately acknowledged owing
in excess of Scven Hundrcd Thirty Thousand Dollars ($730,000,00) to third parties,
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28. The debtor was insolvent at the time of the transfer.
29, The transfer was madc shortly after defcndant realized that his efforts to
defraud third parties had rcsulted in litigation,
WHEREFORE. bascd upon the fraudulent transfer of defendant's interest in the
property. plaintiffs request that the following relief be granted:
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exhibit A
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MADE Ihe llYn. day of ^f'I't'ntAp~ , 19 %,
Parcel ~ 17.23,0565.063
This Indenture
BETWEEN Robert F. Spangler, Jr. and Aleta A, McNamara, now by marriage Aleta A.
Spangler, his wife, parties of Ihe first part
and
Robert F, Spangler, Jr. and Aleta A. Spangler, husband and wife, as tenants by the
entireties, parties of the second part:
WITNESSETH, thaI the said parties of the first part. in consideralion of 51.00 (One dollar) 10
lhem now paid by the said parties of the second part, do grant. bargain. sell and convey unto the
said parties of the second part. their heirs and assigns.
ALL THAT lot of ground slluated on the South side of Easl Simpson Streel in the Second Ward
of Ihe Borough of Mechanicsburg. County of Cumberland. and Slate of Pennsylvania, bounded
and described as follows, to wit:
BEGINNING al a point on dIe building line of said East Simpson Slreet. aC the comer of
property fonnerly of Irene Slough; thence along said property of Irene Stough. Southward one
hundred thirty-Iwo (132) feel to a twenty (20) foot alley; thence Eastward along said alley sixlY-
elghl (68) feel to a point at comer of property fonnerly of O. H. Aulthouse; thence along said
properly of 0, H. Aulthouse, Northward one hundred thirty-two (132) feet to a poinl on the
building line of said Enst Simpson Slreet; theace along the building line of said Slreel. Weslward
sixty-eight (68) feet to a point. Ihe place of BEGINNlNG.
NOW IMPROVED by a Iwo and one-half (2'12) slory frame dwelling house numbered 26 Easl
Simpson Street. Mechanicsburg, Pennsylvania, and office building at 28 East Simpson Street.
Mechanicsburg. Pennsylvania.
BEING THE SAME PREMISES which Loren C, Rider and Catherine M, Rider, his wife. by
their Deed daled December 11, 1989, and recorded December 14, 1989, In the Office of
Recorder of Deeds in and for Cumberland CounlY, Pennsylvania, in Deed Book "H" , Volume
34, page 1140. granted and conveyed unto Robert F, Spangler, Jr. and Aleta A. McNamara, as
Joint tenants with right of survivorship. Robert F, Spangler. Jr. and Alela A. McNamara have
since married and she is noW Imown by marriage as Aleta A. Spangler, Grantors herein,
Under and subject to any and all reslrictions. objections. etc.. as they appear of record,
With Ihe appurtenances: TO HAVE AND TO HOLD the same unlo and for the use of said
parties of Ihe second part their heirs and assigns forever,
And the said Grantors for their heirs, executors and administrators covenants with Ihe said
aOOl 150 pm 428
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nfb/m Aleta A, Spangler
(Seal)
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parties of the second parI their heirs and assigns againsl all lawful claimants the same and eveI)'
part thereof to Specially Warrant and Defend.
NOTICE _ THIS DOCUMENT MAY NOTJDOES NOT SELL, CONVEY, TRANSFER,
INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT
UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND
THE OWNER OR OWNERS OF SUCH COAL MAY HA VE/HA VE THE COMPLETE
LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION,
DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,
BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS
NOTICE DOES NOT ENLARGE. RESTRICT OR MODIFY ANY LEGAL RIGHTS OR
ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY
THIS INSTRUMENT. [This nOllee Is sel ronh In Ihe manner provided In Sec,ion I of ,he Act of July 17, 19l7,
P.L. 984,:lS amended, and Is nOllntcnded as notice or unrecorded InstNmcnts. If :my.]
WITNESS Ihe hands and seals of Ihe said pardes of the first part,
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Robert F. Spangler, Jr.
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Aleta A. McNamara
(Seal)
(Seal)
This is a transfer between husband ~ wife and is therefore exempt
from transfer taxes
b-doK 150 PACE 429
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF tf'1.J0
ON THIS Ihe 1ft fJ day of
l;';(jp.Ll~N'L- 0. ~I
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Robert F, Spangler, Jr. and Aleta A, McNamarn, now by marriage Alela A, Spangler, his wife,
, A,O" 19~"before me
, the undersigned officer. personally appeared
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 Iherein
contained.
IN WITNESS WHEREOF. I hereunto set my hand and official seal.
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NOTARIA1. SEAL.
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BOOK 150 PACE 430
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CERTIFICATE OF SERVICE
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I hereby certify that I am this date serving a copy of the Notice upon the person(s)
and in the manner indicated below, which service satisfies the requirements of the
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Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States
Mail, Harrisburg. Pennsylvania, with first-class postage. prepaid, as follows:
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Robert F. Spangler, Jr.
26 East Simpson Street
Mechanicsburg. PA 17055
GOLDBERG, KATZMAN & SHIPMAN, P.e.
BY.~lCv'0 C;JL
Thomas J. Weber, Esquire
Attorney 1.D. #58853
320 Market Street
P. O. Box 1268
Harrisburg. PA 17108-1268
(717) 234-4161
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Attorneys for Plaintiffs
Dated: February 19. 1998
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MARTIN M. SACKS & ASSOCIATES
F/B/O ROBERT J. BLAZINA KEOGH,
BY AND THROUGH ROBERT J.
BLAZINA TRUSTEE, JOAN FREY
BOYTIM AND JAMES A. BOYTIM,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-512 EQUITY
CIVIL ACTION - EQUITY
v
ROBERT F. SPANGLER, JR. and
ALETA A. SPANGLER,
Defendants
NOTICE
TO: Martin M. Sacks & Associates, et al.
c/o Thoms J. Weber, Esquire
Goldberg, Katzman & Shipman, PC.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
You are hereby notified to file a written response to the enclosed
New Matter within twenty (20) days from service hereof or a
judgment may entered against
~
Christopher C. Houston,
Attorney for Defendants
52 West Pomfret Street
Carlisle, PA 17013
717-241-5970
Esquirf, .
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Date:~L.. ~ T lfre.
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14
Admitted.
15
Admitted in part and denied in part. It is denied that there was
no written documentation to confirm the borrowing. It is admitted
that no collateral was pledged by way of any court filing.
16
Admitted.
17
Admitted.
18
Admitted in part and denied in part. It is denied that Aleta A.
Spangler was formerly Aleta A. McNamar. By way of further answer
her name was Aleta A. McNamara.
admitted.
The remaining averments are
19
Paragraph 19 contains conclusions of law to which no responsive
pleading is required and they are, therefore, deemed to be denied.
20
Admitted in part and denied in part. It is admitted that the
Defendants transferred property interests to each other as tenants
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by the entireties by an indenture dated December 4, 1996 and
recorded December 11, 1996.
It is further admitted that the
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indenture stated that the consideration was for One Dollar ($1.00).
It is specifically denied that any inference is to be drawn that
the only consideration for the transfer of the interests was the
stated consideration or that at the time of transfeL the Defendants
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held individual interests in the property.
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COUNT I - FRAUDULENT TRANSFER
21
Defendants' answers as more particularly set forth in Paragraphs 1
through 20 above are incorporated herein as if set forth in their
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entirety.
22
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Denied. It is specifically denied that the transfer by deed dated
December 4, 1996, is a fraudulent transfer.
23
Denied. It is specifically denied that the transfer of Robert F.
Spangler, Jr.'s interest in the property to his wife, Aleta A.
(
Spangler, was done in consideration of One Dollar ($1.00). It is
further denied that at the time of transfer the Defendants held
individual interests in the property. By way of further answer the
transfer was done in consideration of the receipt of something of
reasonably equivalent value.
24
Denied. It is specifically denied that Defendants' transfer of any
interest in the property was made with the actual intent to hinder,
delay or defraud any creditors. It is denied that at the time of
transfer the Defendants held individual interests in the property.
25
Paragraph 25 contains conclusions of law to which no responsive
pleading are required and they are, therefore, deemed to be denied.
26
Admitted in part and denied in part.
It is admitted that the
Defendant Robert F. Spangler, Jr. retained possession and control
of the property before and after December 4, 1996.
It is
specifically denied by way of any inference that the Defendant
Robert F. Spangler, Jr. retained sole possession and control of the
property before and after the conveyance of December 4, 1996 or
that on the date of transfer he held an individual interest in the
property.
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27
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Admitted. By way of further answer, the Defendants specifically
deny any inference from the averments of this Paragraph 27 of any
intent to hinder, delay or defraud any creditors.
28
Paragraph 28 contains conclusions of law to which no responsive
pleading are required and they are, therefore, deemed to be denied.
29
Admitted in part and denied in part.
It is admitted that the
transfer was made shortly after Defendant Robert F. Spangler, Jr.
was made a party to two separate lawsuits.
It is specifically
denied that as of the time at which the deed of transfer was
executed on December 4, 1996, that the Defendant Robert F.
Spangler, Jr. was made aware of any litigation which involved
allegations of an intent to defraud third parties.
WHEREFORE, the Defendants request this Honorable Court to dismiss
Plaintiffs' Complaint.
NEW MATTER
30
Defendants were married on February 14, 1992.
31
As of December 4, 1996, the Defendants owned all of their property
as tenants by the entireties.
32
On or about December 4, 1996, the Defendants attended a loan
closing for the borrowing of Fifty Thousand Dollars ($50,000.00)
from Home American Credit, Inc., dba Upland Mortgage (hereinafter
Home American Credit) .
33
The Defendants' premises located at 26 and 28 East Simpson Street
in Mechanicsburg, Cumberland County, Pennsylvania, was to be used
as collateral to secure a loan from Home American Credit.
34
At the direction of Home American Credit and/or the settlement
agent, being Express Financial Services, Inc., a new deed was
prepared so as to have the title to the real property conform with
the status of the relationship of the Defendants, who are married,
i.e. as tenants by the entireties.
35
At the loan closing on December 4, 1996 Defendants executed the
deed of conveyance, as aforesaid.
36
The transfer of Defendant Robert F. Spangler, Jr.' s individual
interest in the property, if any, to he and his wife as tenants by
the entireties was done in exchange for a reasonably equivalent
value in that Defendant Aleta A. Spangler transferred her
individual interest in the property, if any, to she and her husband
as tenants by the entireties.
37
The transfer of Defendant Robert F. Spangler, Jr.'s individual
interest in the property, if any, was not made with the intent to
hinder, delay or defraud any creditors.
38
Defendant Aleta A. Spangler executed the deed dated December 4,
1996, without any knowledge of fraud, if any, on her husband's part
and received her husband's individual interest in the property, if
any, in exchange for fair and adequate consideration.
39
The Plaintiffs are collaterally estopped from pursuing the claims
in the instant action by virtue of a Settlement Agreement and
Stipulation entered into between the Plaintiffs and Defendant
Robert F. Spangler, Jr. on October 22, 1997 at 96-6554 Equity.
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40
Plaintiffs' claims herein are barred under the doctrine of res
judicata, as a result of the Settlement Agreement and Stipulation
entered into between the Plaintiffs and Defendant Robert F.
Spangler, Jr. at 96-6554 Equity.
41
The Plaintiffs' claims herein are barred under the doctrine of
release, as a result of the Settlement Agreement and Stipulation
entered into between the Plaintiffs and the Defendant Robert F.
Spangler, Jr. in the proceedings at 96-6554 Equity.
WHEREFORE, the Defendants request this Honorable Court to dismiss
the Plaintiffs' Complaint and award Defendants their attorney's
fees and costs in defending this action.
Christopher C. Houston, Esquire
Attorney for Defendants
52 West Pomfret Street
Carlisle, PA 17013
717-241-5970
I verify that the statements in the foregoing pleading are true and
correct.
I understand that false statements herein are made
subject to the penalties of 18 PaCS 4904 relating to unsworn
falsification to authorities.
G:.lltto.. o....s~
Aleta A. Spangler
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33, Aftcr rcasonablc invcstigation, answcring plaintiffs arc without sufficicnt
knowlcdgc or information to form a bclicf as to tIlC truth of tIlC avcrments containcd in
dcfcndants' Ncw Mattcr '1133 and, thcrcforc. thcy arc dcnicd,
34. Aftcr rcasonablc invcstigation. answcring plaintiffs arc witllOut sufficicnt
knowlcdgc or information to form a bclicf as to thc trutIl of tllC avcnncnts containcd in
defcndants' Ncw Mattcr '1134 and. thcrcforc, thcy arc dcnicd. By way of furtllcr answcr. it is
specifically dcnicd tllllt tIlC ncw dccd mcrcly changcd tllC titIc of thc rcal propcrty to confirm
with tIlC status of tllC rclationship of tIlC defcndants. It is spccifically denicd tllat tllcir status
as husband and wifc automatically transfonncrl tllC propcrty owncd prior to tllcir marriagc into
tcnants in tllC cntirctics.
35. Aftcr rcasonabIc invcstigation. answcring plaintiffs arc witllOut sufficicnt
knowlcdgc or infonnation to fonn a bclicf as to tIlC trutll of thc avcrmcnts contain cd in
defcndants' Ncw Mattcr '1135 and, tllcrcforc, tllcy arc dcnicd.
36, Thc avcrmcnts contained in paragraph 36 of dcfcndants' ncw mattcr constitutc
conclusions of law to which no rcsponsc is rcquircd. To tllC extcnt tIlcy arc dccmcd factual in
naturc. tllcy arc dcnicd, Thc transfcr was not for cquivalcnt valuc but. instcad witll thc intcnt
of defrauding Robcrt F, Spanglcr. Jr.'s creditors.
37. Thc allcgations contained in paragraph 37 of dcfcndants' ncw mattcr constitutc
conclusions of law to which no rcsponsc is rcquircd. To tllC extcnt tllC avcnncnts arc dccmed
factual in naturc. tllcy arc dcnicd, Thc transfcr was madc to frustratc dcfcndant Robcrt F.
Spanglcr, J r.'s creditors, who had only rcccntly discovcrcd his actions of dcfrauding tllcm.
-2-
:{S, After masonllhle invl!stigalion, answering plllintiffs Iln! without sufficient
knowledge or information to form II helieI' liS to tlU! tmth of the averments contained in 1138 of
defendants' new maller pertllinlng to Aletll A, Spllngler's knowledge of fraud on her husbllnd's
fraud 1111<1, therefore, they arc denied, By way of further answer, tlle avennent that the exchllnge
oCl'Urred for fllir lInd adequate considerntion constitute conclusions of 11IW to which no response
is required. To the extent this lIverment is deemed fllctulll in nllture, it is denied.
39, The averments contllined in 1139 of defendllnts' new mlltter constitute conclusions
of law to which no response is required. To tlle extent they lire deemed factual in nature, it is
denied that dIe settlement agreement and stipulation entered into between the plaintiffs and
Robert F, Spllngler, Jr., on October 22, 1997 at 96.6554 Equity which merely quantified dIe
extent of plaintiffs' claim against defendant Robert F. Spangler, J roo could act so as to collaterally
estoppel plaintiffs' current claim regarding dIe fraudulent transfer of Robert F, Spangler. Jr.'s
interest to his wife,
40, The averments contained in 1140 of defendants' new matter constitute conclusions
of law to which no response is required. To dIe extent dley arc deemed factual in nature, it is
specifically denied dlat dIe setdement agreement and stipulation entered into between dIe
plaintiffs and defendant Robert F. Spangler, Jr, at 96-6554 Equity. which merely quantified dIe
nature of the plaintiffs' claim against dIe defendant. can act as res jndiCt/tll in dIe current action
asserting frnudlllent conveyance.
41, The avennents contained in 114 I of defendants' new matter constitute conclusions
of law to which no response is required, To the extent dleY are deemed factual in nature, It is
-3-
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