HomeMy WebLinkAbout02-1757DOROTHY a. NALBANDIAN,
Plaintiff
VS,
JOHN M. SULLIVAN, M.D.,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NOTICE
TO DEFENDANT NAMED HEREIN:
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
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY
ENTERING 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 OR RELIEF REQUESTED BY THE PLAINTIFF.
YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
DOROTHY A. NALBANDIAN,
Plaintiff
VS,
JOHN M. SULLIVAN, M.D.,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. r"-/,57
COMPLAINT IN EQUITY
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
makes the following Complaint in this matter:
1. The Plaintiff is Dorothy A. Nalbandian, an adult individual who resides at 1901
Potato Valley Road in Harrisburg, Dauphin County, Pennsylvania.
2. The Defendant is John M. Sullivan, M.D., an adult individual who resides in
Cumberland County and maybe served at 1001 South Market Street, Suite B, in
Mechanicsburg, Cumberland County, Pennsylvania.
3. Although never married, the Plaintiff and Defendant were engaged to be married
from August of 2000 through September of 2001.
4. In May of 2000, in contemplation of their marriage and while planning to be
engaged and married, Plaintiff and Defendant purchased real estate in Monaghan
Township, York County, Pennsylvania, improved with a single family residence known as
222 West Ridge Road, Dillsburg, Pennsylvania.
5. At the time Plaintiff and Defendant purchased the real estate described above,
and in contemplation of their marriage, Plaintiff contributed almost all of the funds for the
original purchase of the home.
6. Plaintiff and Defendant occupied and resided in the subject real estate from
June of 2000 through September or early October of 2001, at which time Plaintiff moved
from the residence. Following Plaintiff's move from the residence, Defendant continued
to reside there for several weeks and he eventually vacated the property as well.
7. The engagement between the parties was terminated in September of 2001.
8. On 24 January 2002, Plaintiff and Defendant sold the real estate described
herein for a gross sale price of t~400,000.00 and, after payment of the mortgage lien, the
cost of sale, and other expenses incident to the sale and maintenance of the property,
received net proceeds of $75,120.92.
9. Since the sale of the property the parties have been unable to agree upon the
distribution or division of the net proceeds. Defendant has demanded that the net
proceeds be divided equally, claiming that Plaintiff's greater contribution to the cost of
3urchasing the home was a gift to him which he is entitled to retain. Plaintiff contends
that the contribution she made to the purchase of the home was not a gift or was a gift
conditional upon the marriage of the parties which never occurred.
10. The funds representing the net proceeds of sale of real estate are currently
~eld in escrow by Samuel L. Andes, Esquire, who represents Plaintiff and James A. Miller,
Esquire, who represents Defendant. The attorneys are acting as escrow agents for the
parties and holding those funds.
11. Plaintiff needs the funds being held in escrow to return to her the funds she
initially invested in the purchase of the property. Because the parties have not been able
to agree upon a division of those funds, Plaintiff requests this court to determine and
decree the proper division of those funds.
12. Because Plaintiff seeks the court to order an affirmative action, she has no
adequate remedy at law.
WHEREFORE, Plaintiff prays this court to order and direct Defendant to authorize
the release of all of the funds now held in escrow by the parties' attorney to Plaintiff to
compensate her for the funds she invested in the purchase of the real estate previously
owned by the parties, and to take such other action and order such other remedies as the
court deems fair and equitable.
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that any false statements in this Complaint are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
DO~R~THY A. ~AI~IDIAN
DOROTHY A. NALBANDIAN,
Plaintiff
VS,
JOHN M. SULLIVAN, M.D.,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 02-1757 EQUITY
PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the complaint in the above matter.
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
Dorothy A. Nalbandian,
Plaintiff
John M. Sullivan,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 02-1757 Equity
Civil Action - Equity
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 twenty (20) days after this complaint
and notice are served, by entering 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 or relief requested by the plaintiff or for
any other claim or relief requested by the plaintiff. You may lose money or property or
other rights important to you.
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 TO FIND OUT WHERE YOU CAN GET LEGAL
HELP
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Law Offices of James A. Miller
BY:~e
BY: Christopl~r J. Keller, Esquire
Attorney for Defendant
Dorothy A. Nalbandian,
Plaintiff
John M. Sullivan,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 02-1757 Equity
Civil Action - Equity
ANSWER, NEW MATTER~ AFFIRMATIVE DEFENSES AND COUNTERCLAI..~.
NOW COMES, Defendant, John M. Sullivan, by and through his attorneys,
Law Offices of James A. Miller and James A. Miller, Esquire, and Answers
Plaintiff's Complaint as follows:
1. Admitted.
2.
3.
4.
Admitted.
Admitted.
Denied. Defendant denies the implication that the parties
purchased 222 West Ridge Road, Dillsburg, Pennsylvania (the
"property") in contemplation of marriage. By way of further answer,
Plaintiff's own admissions in her complaint nullifies any basis under
the law with regard to conditional gifts in that !Plaintiff admits that
the parties were engaged in August 2000 (Plaintiffs averment
number 3) and yet, in May 2000 the parties purchased the property.
By way of further response, Defendant has insufficient knowledge
to form the basis of a response and proof thereof is demanded at
the time of trial.
Denied. Defendant hereby incorporates preceding paragraph 4 as
if fully set forth herein. By way of further response, Defendant
contributed to the parties jointly titled Commerce Bank account
number 0513173310 in excess of $163,1000 towards the
preservation of the equity in the property held ~s joint tenants with
the right of survivorship and not as tenants in common (see
attached Exhibit A, May 24, 2000, transfer deed from Robert
Mentzer and Charlotte A. Mentzer, his wife to J¢ ,hn M. Sullivan and
10.
11.
12.
Dorothy A. Nalbandian, single persons, as joint tenants with the
right of survivorship and not as tenants in common). By way of
further answer, Plaintiff asserts that she contributed the down
payment entirely yet has been unable to provide Defendant with
satisfactory documentation of her contribution (see attached Exhibit
B, October 9, 2001, letter to Defendant from counsel for Plaintiff
and January 15, 2002, letter to the undersigned from counsel for
Plaintiff.)
Admitted in part and denied in part. By way of further response,
shortly after Plaintiff's departure, Defendant also departed.
Admitted.
Admitted.
Admitted in part and denied in part. Title to the property was taken
as joint tenants with the right of survivorship and not as tenants in
common, see attached Exhibit A. As a matter of law, the parties
have an equal interest in the property and the net proceeds from
sale.
Admitted.
Denied. To the extent that this allegation is deemed to be factual, it
is denied in that, Defendant avers that after reasonable
investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegation therein.
Plaintiff's averment is a conclusion of law to Which no responsive
pleading is required. To the extent an answer is required,
Defendant denies Plaintiff's averment in that there is an adequate
remedy at law. See Teacher v. Kiiurina, 76 A.2d 197, 365 Pa. 480
(1950).
NEW MATTER
13. Defendant hereby incorporates preceding paragraphs one through
13 as if fully set forth herein.
14. During all relevant times, Defendant contributed in excess of
$163,000 to the parties joint Commerce Bank account.
15. Defendant's contributions as stated above were used for the
acquisition and preservation of the property.
16. By way of agreement reached between the parties through their
counsel, the parties were to equally share towai'ds the contributions
in preserving the property pending settlement as defined in
paragraph 8 above.
17. In addition to the amount(s) identified in preceding paragraph 14,
Defendant in furtherance of said agreement contributed in excess
of $12,000 towards such preservation stateU in the preceding
paragraph.
18. Plaintiff has failed to, pursuant to the terms of said agreement,
reimburse Defendant her fifty (50%) percent share of the
contribution.
19. Seven months after the parties purchased the property, Plaintiff
entered an Agreement on December 19, 2000, for the purchase of
real property known as Lot 6, 900 Bent Creek Boulevard, Silver
Spring Township, Cumberland County, Pennsylvania 17055 ("Bent
Creek") for the price of $265,000.
20. On March 15, 2001, Plaintiff assigned her interest in Bent Creek to
Defendant.
21. At the same time, Defendant assigned his interest in Bent Creek to
D J Realty Associates, L.L.C., a Pennsylvania limited liability
company.
22. On March 19, 2001, Bent Creek was transferred from RSM
Associates, L.P. a Pennsylvania limited partnelship to D J Realty
Associates, L.L.C.
35.
36.
23. D J Realty Associates, L.L.C. executed a Mortgage Note in favor of
RSM Associates, L.P. as payee in the amount of $165,000.
24. Defendant was and is a member of D J Realty Associates, L.L.C.
25. Aris Trust Company, Trustee for the Dorothy Nalbandian Individual
Retirement Account is the other member of D J Realty Associates,
L.L.C.
26. Defendant has contributed in excess of $40,000 towards the
preservation of this asset held by the parties.
27. At the time of the parties engagement, Defendant gave to Plaintiff
in contemplation of marriage a diamond engagement ring in excess
of $15,000.
28. While Defendant has made numerous and repeated request that
Plaintiff return such diamond engagement ringi and other personal
property matters including, but not limited to a ipassport, Plaintiff in
direct contravention of the law refuses to return such to Defendant.
See Lindh vs. Surman, 560 Pa. 1,742 A.2d 643 (1999).
AFFIRMATIVE DEFENSES
29. Defendant hereby incorporates preceding paragraphs one through
27 as if fully set forth herein.
30. Plaintiff's claim is barred by the doctrine of unclean hands.
31. Plaintiff's claim is barred by the doctrine of laches.
32. Plaintiff's claim is barred by waiver and/or estoppel.
33. Plaintiff's claim is barred as a result of the manner in which the
parties took title to the property.
34. Defendant is entitled to an equal division of the net proceeds
placed in escrow as a result of the manner by which the parties
took title to the property.
COUNTERCLAIM -ACTION IN REPLEVIN
Defendant hereby incorporates preceding para Iraphs one through
34 as if fully set forth herein.
Plaintiff on the counterclaim is John M. Sullivan "Sullivan").
46.
37. Defendant on the counterclaim is Dorothy A. Nalbandian
("Nalbandian").
38. Sullivan, in contemplation of marriage, gave Nalbandian a diamond
engagement ring.
39. The ring is valued in excess of $15,000.
40. It is believed and therefore averred that the ring is in the
possession of Nalbandian.
41. Despite repeated demands by Sullivan upon Nalbandian,
Nalbandian in direct contravention of law has refused to return said
ring to Sullivan.
42. Nalbandian has refused to confirm the whereabouts of the ring.
43. At the time of the parties' separation, Nalbandian removed the
following property belonging to Sullivan:
a. 6 Waterford Crystal Goblets and 5 cordial glassware
b. German beer steins
c. passport
d. CD's and VCR tapes
e. Socks
f. Laserpointer
g. Leather sofa and easy chair with ottoman
h. Wooden queen size bedroom suite
i. Linens, bed cover/spread and pillows
j. 2 white rattan dressers
k. Tuner/Amplifier
44. The value of those items in preceding paragraph 43 are not
precisely known but the aesthetic value is irreplaceable.
45. Despite repeated demands upon Nalbandian I~y Sullivan, none of
those items identified in preceding paragraph 43 have been
returned.
Nalbandian has refused to disclose the whereal)outs of those items
in paragraph 43.
WHEREFORE, Defendant on the Complaint and Plaintiff on the
Counterclaim, John M. Sullivan ("Sullivan"), respectfully requests that your
Honorable Court:
a. Deny Nalbandian's requested relief;
b. Award Sullivan an equal division of the escrow account, or in
the alternative;
c. Award Sullivan his proportionate share of Ithe escrow account
based upon the parties contributions to ~the acquisition and
preservation of the property; and,
d. Require Nalbandian to return all items df personal property
identified in the Sullivan's Counterclaim.
Respectfully submitted,
LAW OFFICES OF jAMES A. MILLER
BY:
~....~_ _tto[n_e_y l~or I~efendant
~ 2010 Market Street
_~- Camp Hill, PA 17011
(717) 737-6400
BY:
Christopher JL Keller, Esquire
Attorney for Defendant
2010 Market Street
Camp Hill, PA 17011
(717) 737-6400
VERIFICATION
I verify that the statements made in the attached financial statement are
true and correct. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904 relating to unsWorn falsification to
authorities. '
Date:
Sullivan
Dorothy A. Nalbandian,
Plaintiff
John M. Sullivan,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 02-1757 Equity
Civil Action - Equity
Certificate of Service
I, Christopher J. Keller, Esquire, hereby certify that I havei forwarded to the
person(s) on the date and in the manner indicated below a copy!of the preceding
Answer, New Matter, Affirmative Defenses and Counterclaim.
Date:
June 17, 2002- HAND DELIVERY
Dorothy Nalbandian, Plaintiff/Defendant
c/o Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
Christopher J'. Keller, E~quire
2010 Market Street
Camp Hill, PA 17011
(717) 737-6400
CERTIFIED TO BE A j~
iRUE AND CORREC]' COPY ~.,~-
Oi= 'i'HE ORIGII'L~d..
DEED
TAX PARCEL NO.: B%- OC .
This Indenture, Made the
TWO TIIOUSANO (2000)
day of ~
, in theyear of
Between: ROBERT MENTZER and CHARLOTTE A. MENTZER, his ~vife,
of Dilisburg, York Co., PA
part, and
(hereinafter called the Grantor(s), of the one
JOHN M. SULLIVAN aud DOROTHY A. NALBANDIAN, single persons, as
Joint Tenants with Rights of Survivorship and NOT AS TENANTS IN
COMMON
secolld part,
(hereinafter called the Grantee(s), of the
WITNESSETH, that the said Grantor(s), fi)r and in consideralion &the sum of Three Hundred
Seventy Thousand Five Hundred ($370,500.00) Dollars, lawful money 0fthe United Stales of
America, unto flmm well and truly paid by Ihe Granlec(s), al or bclbre flic sealing and delivery
hcreol; the receipt whereof is hereby acknowledged, have granted, bargained and sold, released
and confirmed, and by these presents, grant, bargain and sell, release and confirm unto the said
Grantee(s), their heirs and assigns:
ALL THAT CERTAIN piece or parcel of land situate in Monaghan Township, Cot,nty of York
and Commot~wealth of Pennsylvania, more pa,'tict, larly bot,ndcd and described as follows, to
wit:
BEGINNING at a common corne,- of Lot//5 and #SB, said re-bar being on the eastern li,~e of the
lands now or formerly of Andrew Smith, and being North 15 degrees 30 ~5~inuets 26 seconds
West, 43 !.61 feet fi-om a co,~cretc monumc,~t on the norther,~ dedicated ri~ht-of-way lithe of West
Ridge Road, (T-893), 60 feet wide; thence along tile eastern line of tile lands now or fom~erly of
Andrew Smith, North 15 degrees 30 mimltcs 26 seconds West, a distance of !, 194.89 feet to a
steel re-bar set on the southern line of the lands how or fom~erly of Kenneth W. Jones and
Priscilla E. Jones, his wife; thence along the aforesaid lands and the lands now or formerly of
Ven~on R. Sealover and Dorothy It. Sealover, his wife, North 63 degre~es 45 minutes 34 seconds
East, a distance of411.74 feet to an existing stone pile, a conler of the lands now or formerly of
Daniel L. Witmer and Joanne E. Witlner, his wife; thence along the aforesaid lands, South 38
od;gt;17~a~:fi,~ot~e;r3 ifo;~::dSo~;;td, istance of 826.88 feet to an existing steel re-bar on the line
' Y ' . Park; thence along the aforesaid lands the following two
courses and distances: 1) South 59 degrees 27 minutes 14 seconds Wesl, a distance of 314.63 feet
to a coucrete monument; 2) South 15 degrees .3.0 minutes 26 minutes E~Ist, a distance of 1,019.07
feet to a concrete monument on the northern dedicated right-of-way lin~ of West Ridge Road (T-
s89ec32;n~e~Cees~,la°l~t~st~a~caef°or~a(~.d00d efdc~;~d rig hr-° f-way I i n c S o u t h 75 d~grees 20 minutes 31 '
. a steel re-bar, the southeastenl corner ofLot#5A; theuce
along the eastern line of Lot #5A, North 15 degrees 30 mim~tes 26 seco ids West, a distance of
591.86 feet to a steel re-bar, the northeastern corner of Lot #5A; thence dong the northern line of
Lot #SA and Lot #5B, South 74 degrees 29 minutes 34 seconds West, a distance of 368.24 feet to
a steel re-bar on the eastern line of the lands now or formerly ofAndrev Snfith, the Place of
BEGINNING.
CONTAINING IN AREA, 639,499.6 SQUARE FEET, or 14.6808 acre§ and being designated as
Lot No. 5 on a Final Subdivision Plan for Robert lt. Mentzer prepared I~y Robert L. Reed
Engineering Inc. Said Plan is recorded in York County Records in Plan] Book OO~ at page 971.
UNDER AND SUBJECT to all rights-of-way, easements, restrictions, c~nditions and/or set-back
lines set forth in the above referred to plan and of prior record.
SUBJECT to a twenty (20.00') foot wide utility easement centered on thi line identified by a
bearing of SoUth 15 degrees 30 mim~tes 26 seconds East, and a distance >f 591.86 feet.
IT BEING a portion of the premises which Andrew P. Smith by his dee~J of June 9, 1989, and
recorded in York Cottnty Records in Deed Book 103 B at page 509, graI:ted and conveyed unto
Robert Mentzer and Charlotte A. Mentzer, his wife, the Grantors herein.
AND the said grantor/grantors do hereby SPECIALLY I~VARIL4NT the property
hereby conveyed. ,
IN }VITNESS }VHEREOF, I/We set our hands and seals the day and year first above
written.
Sealed attd Delivered
ht the presence of:
-~~ ~-~ (SEAL)
ROBERT MEN
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF ',. .~,~. : ss
On this the ~qq~'day or
undersigned officer, personally allbeared:
,2000, before me, alNotary Public, tile
ROBERT MENTZER. and CItARLOTTE A. MENTZER, his wife
known to me, or satisfactorily proven to be the person(s) whose Name(s)iis'/are subscribed to the
within instrument, and acknowledged that they executed the same for the purposes therein
contained. ,
IN WITNESS WHEREOF, I have hereuuto set my hand and nolarial seal.
NOTARY PUBLI(~
MY COMMISSION EXPIRES;
NOTARIAL SEAL
CONNIE L. ltOFFMAN t, lolaet' Public
Camp ttill Boro. Ctsmbodand County
My Commission Expires A~.rit 8. 2002
_CERTIFICATE OF RESIDENCE:
I hereby certify the precise residence nfthe Grautee(s) herein is as foil .
" ) j[ ' '. / -- . OWS'
\... V,,,%,_ p,
Office of the Recording of Dceds ill and roi' York County,. Peunsylvania, R ' '
ecorders Certificate:
15 January 2002
James A. Miller, Esquire
2010 Market Street
Camp Hill, PA 17011
RE: John SuE/van. M.D. /Dorot. h¥ Nalbandian
Dear James:
Now that the house is scheduled to settle on 24 January 2002, I hope we
can make more progress in resolving the disputes between the! parties.
You told me on Thursday that you had obtained documents from your client
which would verify the disbursements he made on behalf of the LLC. That really
should not be very difficult, since all we need are copies of thel statements from the
checking account that he controlled and the LLC only operatedithat account for a
few months. As soon as you get them, please provide copies 4o me so each of us
can review that and try to see where the LLC stands.
I hope that we can agree upon the qlistributions of the proceeds of the sale
of the residence so the distribution can be made at the time of ~Settlement. Mrs.
Nalbandian contributed the majority of the funds used for the dbwn payment and
she is going to get me some documents to confirm that. I belidve that she
contributed $65,000.00 in that fashion. Each of the parties made contributions to
the payment of the mortgage, with Dorothy contributing about 15650.00 and your
client contributing about $2,000.00 per month. I hope to get sbme documents to
confirm that. I propose that we agree upon a distribution that Will repay to each of
them their contributions, at least to the initial down payment, ahd that we agree to
divide the balance of any proceeds equally. You have stated previously that you
believe, that because the parties own the property together, each of them is
entitled to one half of the sale proceeds. Although that would be true if they were
married, and owned the property as tenants by the entireties, it!is not true with co-
tenants who are not married. That is because the contribution ~nade by each party
to the original purchase price is not a gift to the marital estate 0r to the other party.
Thus I believe it is quite clear that my client is entitled to receiw a refund of her
James A. Miller, Esquire
2
15 January 2002
initial investment or that the proceeds should be divided in proportion to each
party's initial investment. If you agree, we can probably negotiate a distribution of
the proceeds of the sale so we can accomplish that immediately upon the -
settlement. That will disengage the parties from that property/and leave us only
with the LLC.
There is the remaining issue of the personal property. I irecognize that your
client has requested some items in my client's possession, but~ he must recognize
that he has some of her items in his possession. We have to agree upon what
those items are and exchange them and that will resolve the p~ersonal property
issues. Frankly, with a little cooperation, I think we can do that quite easily.
Please get me the LLC documents and get back to me With your ideas about
the division of the proceeds of the sale of the residence. Thank you for your
cooperation.
Sincerely,
Sa s
amh
cc: Dorothy Nalbandian
717-761-14Z5 SAM ANDES 594 P03/05 OCT 10 '01 1Z:26
9 October 2001
John M. Sn~!!van, M.D.
1001 South Market Street
Mechanicsburg, PA 17055
Dea~ Dr. S,,~!ivan:
Dorothy N~]bandian has asked me to assist her in ~mt~rtg]~!ng your
financial ~ffairs. ! write to lay out a proposal for an orderly Way to do that.
First, with regard to the residence at 222 West Ridge Road, we propose
as follows:
a) The two of you list the property for sale with a real
estate agent as promptly as possible, You will have ~o agree
upon a sale price, but we recommend that you list t___h~ properW
for a realistic sale price in an effort to get it sold promptly. If we
hold out for a higher price, any extra proceeds will ~!l~ely be
consumed by payments made on the mortgage in the mean*_-!?ne.
b) Dorothy will move out of the house and you Can continue
to reside there. In exchange for that, we expect you Ko continue
to pay the mortgage, the utilities, and the other expenses of
occupying the properW.
c) When the house is sold, Dorothy should be Zepaid the
$80,000.00 which she contributed to the in/rial purchase price. The
balance of the proceeds can be divided between the two of you
equally.
We make this proposal on the assumption that you will want to sell the house
to end the financial obligation of the mortgage, If you wo~ ld like to ret~i~ the
house as your own, and are willing to repay Dorothy what she has invested in
the property, we will certainly be willlng to discuss that p >ssibility with you.
717-761-1435 SAM ANDES 594 P04/05 OCT 10 '01 13:26
John M. S,.~ltv~n~ M.D.
2 9 October 2001
Second, with regard to DJ Realty Associates, L.L.C., I understand that
you own a 50% interest in ~b~s enti~ and that Dorothy's Individual Retirement
Account owns the other 50% and that the L.L.C. owns a buil~ting lot Lu Bent
Creek, Silver Spring Township, which the two of you intended to improve with
a commercial b~ld~ng which would house your office. I further understand
that Dorothy's IRA contributed $100,000.00 to the fo~mationbf the L.L.C. and
the purchase of the real estate, that you have given the L.L,¢. a Promissory
Note for $90,000.00, which represents your future contributions to the entity,
and that you have been m~ing payments on the debt which represents the
b.~l~nce owed for the purchase of the real estate. With regar~ls to the L.L.C.,
we propose aa follows:
1) Dorothy will purchase your interest in the L.L~C., or
arrange .~...have a t_~rd party purchase it, by assumingdirect
responsibility for pa¥~-,~ent of the Note you gave the L.L.C. and
the payments owed for the balance of the purchase price of the
real estate.
2) You and Dorothy will amend ~he operating agreement
of the L.L.C. to transfer control of the entity to Doroth3~s IRA or
its representative.
3) You will then transfer the balance of your interest in the
L.L.C. to whoever ass~_]_..m__es the debts for you (which wilt either be
Dorothy's IRA or a th/rd par~ investor). You will then iwithdraw
entirely from participation in the L,L.C.
Again, Dorothy is w~lling to be somewhat flexible with regaz~ to the L.L.C.
She thinks that her investment advisor can find a third pazty
your interest ~d assume that debt, so that you will be relea
liability on it. If that c_~_~_t3ot be done, we believe that her IR~
interest and assume sole responsibility for the debt. That
more complicated transaction from a tax point of v~ew, but
to consider either of these that are acceptable to you.
w~!1~ng to accp~_~re
~ed from ~_~y
can acquire your
~y be a somewhat
orothy is willing
Dorothy's health problems make it d~cu~t for her to d,
time and energy to these matters to resolve them herself. T~
asked me to assist her in resolving these mattors. As far as
.,vote s-~cient
.at is why she has
i am awaze, these
717-761-143S SAM ANDES 594 P05/05 OCT 10 '01 13:27
John M. Sullivan, M.D.
3 9 October 2001
two assets are the only ones that you ~nd Dorothy own together and ate the
only assets _-nd ob]/gations which we must resolve at this point. If you
disagree --d feel there are other matters we should addresS, I will be happy to
discuss them with you or with your attorney.
We hop. we c= rely upon your and goo w to get thess
matters resolved with as little delay and ! 'culty as possible. We have t~ied
to formulate a plan which will e~tract you from the fm.nciallbu~den these two
assets have crea~ed and will simplify th~ process of parting !for both you and
Dorothy. We realize, of course, that these are complicated ~atters and they
are ~-~po~tant to you as well as to Dorothy. For that reason, lwe are cercain~y
receptive to any proposals or suggestions you have to mske~ However, the
sooner we o~ get this process star~ed, the sooner both youl-nd Dorothy will
be disengag.ed f~om these matters and the sooner you wi/~e relieved of the
financial obligations they represent. Accordingly, ! ask tha~ ! hear from you or
you~ attorney, with your response to these propos-~-% as sodn as possible.
Thank you for your anticipated cooperation.
Sincerely,
Dorothy A. N~lhand~-
Samuel L. Andes
DOROTHY A. NALI3ANDIAN,
Plaintiff
VS.
JOHN M. SULLIVAi~], M.D.,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION ~ EQUITY
NO. 02-1757 EQUITY
TO THE PROTHONOTARY:
PRAECIPE
Please mark the docket in the above-captioned matter "settled and discontinued
with prejudice."
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
!
Jam c~(~.-~ller-
~Att~d'ey for Defendant
~rupreme Court ID #
~u/I~arket Street
Camp Hill, PA 17011
(717) 737-6400