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WALTER E. MORRISON, EXECUTOR
OF THE ESTATE OF STELLA
HOLLENBAUGH, Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW . ~
NO, q4- - J. S""S8 Cu
T~
KARAN S. WILHELM, I
Defendant I
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 defense 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
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 Court Administrator
Cumberland County Courthouse
1 Courthouse Square
CarliSle, PA 17013
(717) 240-6200 or 697-0371
.
WALTER E. MORRISON, EXECUTOR I
OF THE ESTATE OF STELLA I
HOLLENBAUGH, Deceased, I
Plaintiff ,
,
.
.
vs. .
.
.
,
KARAN S. WILHELH, .
.
Defendant .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
COMPLAINT
1. Plaintiff is Walter E. Morrison, an adult individual who
resides at 241 Middle Road, Newville, Cumberland County,
Pennsylvania.
2. Defendant is Karan S. Wilhelm, an adult individual who
resides at 1038 Alexander spring Road, Carlisle, CUmberland
County, Pennsylvania.
3. On January 11, 1993, Plaintiff qualified for and was
granted Letters Testamentary on the Estate of stella Hollenbaugh,
deceased.
4. Stella Hollenbaugh, Plaintiff's mother, died on January
4, 1993, a resident of Cumberland County, Pennsylvania.
5. On or about August 28, 1990, Defendant entered into an
Agreement under which, in consideration of sums previously loaned
to her by Stella Hollenbaugh, decedent, Defendant agreed to pay
to decedent the sum of $15,000.00 plus $1,000.00 in lieu of
interest.
A copy of the Agreement is attached hereto and
incorporated herein as Exhibit "A".
6. The total sum of $16,000.00 was to be paid by Defendant
in monthly installments of $200,00, beginning September 1, 1990,
1
7. Paragraph Three at the Agreement further provided that
in the event at the death at Stella Hollenbaugh betore the loan
was repaid in full, lithe entire remaining balance shall be due
and payable in tull within one year at Stella HOllenbaugh's
death. II
8. Stella Hollenbaugh passed away on January 4, 1993.
9. Defendant continued to make monthly installments under
the terms at the Agreement, through November 5, 1993.
10. Defendant has made no payments since November 5, 1993.
11. To date, Defendant has made payments on the Agreement
totaling $8,300.00, leaving a balance of $7,700.00 due the Estate
of Stella Hollenbaugh.
12. Despite repeated requests of Walter E. Harrison,
Executor of the Estate of Stella HollenbaUgh, for payment of the
remaining balance due, Defendant has failed and refused to make
payment of the same. Copies of the various correspondence to
Plaintiff are attached as Exhibit "B" through "G".
13. As a result of Defendant's failure and refusal, the
administration of the Estate of Stella Hollenbaugh remains
incomplete, as the claim against Defendant is the only
significant estate asset.
14. On or about February 23, 1994, Plaintiff filed a Civil
Complaint in the Office of District Justice Paula P. Correal
demanding jUdgment in the amount of $7,700.00 plus costs.
15. On March 24, 1994, a Default JUdgment in the amount of
$7,793.50 was entered against Defendant on Plaintiff's claim.
2
UrIDAVIT
I verity that any tacts not ot record set torth in the
toregoing Complaint are true and correct to the best ot my
knowledge, intormation, and beliet. I acknowledge that any
fal.e statements herein are made subject to the penalties ot 18
Pa,C.s. Section 4904 relating to unsworn falsification to
author! ties.
Date ..r/; ')../ '1C;
, ,
rJa.i(t/M~
WALTER E. MORRISON
AGREEMENT
This agreement bet~een stella A. Hollenbaugh of R.D. 3, Box
413 B, carlisle, Pennsylvania, and Karan S; Wilhelm of
It}?f ,+I~i1d.,y *i'h..5 (~.;I Cttl/' 'r! t, (,-:J"nnry( J"<r'1' '~.
WITNESSETH:
WHEREAS" Stella A. Hollenbaugh previously 10'1ned to Karan
S. Wilhelm the sum of $15,000.00, which loan was memorialized by
an affidavit made by Karan S. Wilhel~ on March 31, 1990; and
WHEREAS, Karan S. Wilhelm has :nade _ partial repayments o~ -il~
14Ii' /., Vlfirl, IJ'Ulyj II".;' ,9-IcjUct'
loan in the amount of $200.00"paid QR :\iRa '-, 1990;and w,E......
said
WHEREAS, the parties desire to establish a schedule for the
repayment of the unpaid balance of the loan,
Now, THEREFORE, intending to be legally bound I the parties
do hereby convenant and agree as follows:
1,
In lieu
of interest on the loan, the sum of one
thousand ($1,000.00) dollars shall be added to the principal sum
of the loan.
2. Karan S. Wilhelm agrees
balance of fifteen thousand eight
to pay the remaining principal) .
If' T~' ao ~.UJ tv t ...'
hundred ($1:/860.60) dollars to .
Stella A. HOllenbaugh, or her designee, in monthly installments
5 ./~. I(){. "I
of $200.00 each, beginning the first day of ~of-/rru!r 1990, and '
,
continuing on the like day of each succeeding month until such
time as the entire balance is paid in full.
,
3. Notwithstanding the provisions of paragraph two, if
Stella H. Hollenbaugh should die before the balance is paid in
EXIIIIlJ'1' "A"
tull, the entire remaining balance shall be due and payable in
tull within one year of Stella A. HOllenbaugh's death.
4. Notwithstanding the provisions ot paragraph two, Karan S,
Wilhelm shall have the right to prepay the obligation in whole or
in part at any time.
S, The failure of either party to insist upon strict
compliance wi~h all the ter:ns of this agreement shall not be
deemed a waiver of any party's right to enforce all or any
portion ot this agreement at any later time.
Date
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GRIFFIE & ASSOCIATL J
A TTORNEVS AND COUNSELORS AT l.J\W
200 N..", H.HOVI. St.IIT
C'IlUIII. PA 17013
(717124305551
118001347,5552
FAX 717,243,5063
T...,y L, L.......
UQ.lL AIIIIT.....'
R.... J. Gal..,..
O"ICI MAklQlA
January 8, 1993
C...Alr,lllilllIlUI'O TAUST Bu..D11G
5011, 307, 14 N..", tho.. Slll'lT
C.'.Il...u.., PA 17201
(717)287,13150
R'.... TO: C'AUIII
Karan S. Wilhelm
1038 Alexander Spring Road
Carlisle, PA 17013
Dear Hs. wilhelm:
Please be advised that I have been retained by your uncle,
Walter E. Horrison, to represent the Estate of your grandmother,
Stella Hollenbaugh.
In attempting to ascertain what assets Mrs. Hollenbaugh
possessed at the time of her death, it has come to my attention
that you and she had entered into an Agreement dated August 8,
1990, a copy of which is attached, under which you are to repay
$15,000.00 previOUSly loaned to you. It is my understanding that
you have been making monthly payments of $200.00 under that
agreement, and have been able to reduce the balance owed to
somewhere around $10,000.00.
Paragraph 3 of the Agreement provides clearly that in the
event of your grandmother's death, the entire remaining balance
of the loan becomes due and payable in full within one year,
Since this event has in fact occurred, the balance on the
original loan is now due no later than January 4, 1994.
While the Agreement as written does provide you with one
year to repay this loan, we would ask for your cooperation in
making this repayment as soon as possible, as distribution cannot
take place under Mrs. Hollenbaugh's Will until all of the assets
of her estate are collected. This includes, of course,
distribution to your mother of the portion of the estate to which
she is entitled. You are, in any event, still responsible for
maintaining your monthly repayment schedule,
Should you have any comments or questions with regard to
this matter, please feel free to contact me directly, 'lour
attention is appreciated.
Very truly yours,
GRIFFIE & ASSOCIATES
I ' ~"" . P
/".., . I .
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" ....-....." ...
Michelle R. st. Clair
HRS/lac
Enclosure
EXIIIBIT "II"
IlAADLlY L. G.~,,!
F.IO H, H.IT
McH!lJ.I R. S, C....,.
GRIFFIE & ASSOCIATE
ATTORNEYS ANO COUNSELORS A r LAW
200 No.", HAt.,... SINIT
C'AUII.!, PA 17013
(7m 2(3.5551
1 (8001347-5552
FAX 717.243,5013
rflACY L, u.......
UClAl. A'~ITA"'
ReI.. J. Ge,,,,,,,"
O"ICI MANAGlA
C",U".IAIIUJIla TRUlY BUlDIHQ
Sult1307, ,. Neo", MA.. S"'IIT
C......I...UIlC. P A 17201
(717)267.1350
February 5, 1993
RI"'-Y 1'0: C"""...
Karan S. Wilhelm
1038 Alexander Spring Road
Carlisle, PA 17013
Dear Ms. Wilhelm:
By correspondence dated January 8, 1993, I advised you that
as the attorney for the Estate of Stella Hollenbaugh, your late
grandmother, I am interested in Obtaining your cooperation in the
repayment of the loan balance due your grandmother's estate under
the Agreement dated August 8, 1990. To date, I have received no
reply from you regarding your position in this matter.
As I had advised you, it is in the best interest of everyone
concerned with this estate that this matter be resolved as soon
as possible. As the outstanding indebtedness under the
Agreement is the only significant asset of the estate, our
ability to obtain this asset is considerably delaying the
administration of the estate. In addition, the Inheritance Tax
due cannot be paid until such time as the total value of the
estate is determined. Also, of course, no distribution can be
made out of your grandmother's estate until all of the assets are
collected. As a result, the one-fifth share due your mother and
each one of her siblings cannot and will not be paid until such
time as we are able to resolve this matter.
In addition to you continuing payments due under the terms
of the Agreement, I would reques~ at this time that you contact
me as soon as possible in order to advise me of your position in
this matter. Whatever your intention, it will be to everyone's
benefit if I am apprised of your decision up front,
Your attention is appreciated.
Very truly yours,
....
GRIFFIE & ASSOCIATES
MRS/lac
CCI Walter Morrison
Michelle R. St.Clair
EXHIBIT "(',,
IlIwluv L OM".
FOlD H, IWr
MocHru. R, Sr, C.....
Hcu.v L. KNI'I'll\
GRIFFIE & ASSOCIATES
ATTORNEYS AND COUNSELORS AT LAW
200 NClIlH H....,YI~ SNIT
C.""..... PA 17013
(717)2.:1,5551
I (BOO) 347.5552
FAX 717'2~3.50e3
TllACv L, L1_
L1..... A.~ITAHT
ReI" J, Got......
o.'lCI M,w,GI.
October 26, 1993
C..........u'"' TOIIIT lIutD"tO
s.....307, ,. NClIlH MAlH S""IT
C..........u'"'. PA 17201
(717) 287.13150
R....v TO: C........
Karan S. Wilhelm
1038 Alexander spring Road
carlisle, PA 17013
RE: Estate ot Stella Hollenbaugh
Dear Ms. Wilhelm:
As I had tirst advised you by correspondence dated January
8, 1993, this ottice represents the estate ot your late
grandmother, stella Hollenbaugh. In connection with that
representation, it is incumbent upon me, as well as on your
uncle, Walter E. Morrison, the executor ot the estate, to collect
and distribute, according to the torms ot Mrs. Hollenbaugh's
Will, all assets of her estate.
Relative to the Agreement dated August 8, 1990 between you
and your grandmother, in which you agreed to repay $15,000.00
previously loaned to you, the entire remaining balance ot that
loan becomes due and payable in full within one year ot your
grandmother's death. This letter will serve to remind you that
this date, January 4, 1994, is fast approaching, and that the
estate and its representatives will be taking whatever action is
necessary to collect this one outstanding estate asset.
It is our hope that this matter can be resolved amicably
between you and the estate. However, please be advised that we
will have no hesitancy to resort to litigation on behalf ot the
estate should that prove necessary. Again, we sincerely hope
that this will not be the case.
Should you have any questions regarding this matter, please
do not hesitate to contact me directly.
Very truly yours,
GRIFFIE & ASSOCIATES
MICHELLE R. ST. CLAIR
KRS/lac
cc: Walter Morrison
EXHIBIT "E"
8AAaLIY L a"."I,
Fom H. H.IT
Moct<tUl R, Sf, C"'..
Hcu.v L KHIl".o
a..-... J, y"",.
liRlFFIE & ASSOCIATE~
A rrORNEYS AND COUNSELORS AT LAW
200 No"", H.IOlYl. SINIT
C'OUIII, PA 17013
(717) 2~,5551
I (8001347-5552
FAX 717.243-50&3
TlIACV L, L.......
UQAL A'~IT'HT
C.........saUOQ TAUIT Iluutlll
SUIT. 307, 14 NOR'" MAtH SllIIlT
CHAUUOIIUAQ. PA ,nOl
(7171267.1350
Roo.. J, ao.HClAH
0,."01 MAHAOIA
December 17, 1993
R.M ra: C........
Karan S. Wilhelm
1038 Alexander Spring Road
Carlisle, PA 17013
RE: Estate of Stella Hollenbaugh
Dear Ms. Wilhelm:
As you are aware, the entire remaining balance of the
$15,000.00 loan previously made to you by your grandmother will
become due and payable in full on January 4, 1994. As this date
is fast approaching, I have been requested by the Executor of the
estate, Walter E. Morrison, to make one final effort to determine
your intentions with regard to repayment of your obligation.
In my conversations with Mr. Morrison, he has indicated that
he has yet to receive the December payment under the Agreement as
of today's date. I would request that you make this payment as
soon as possible and in addition, that you advise me as to your
intentions in repaying the balance due on the $15,000,00 loan.
While Mr. Morrison has expressed great concern over having
to face the possibility of instituting legal action against you
for the payment of the debt, he is also aware that as the
Executor of the estate, he has a legal obligation to do so should
payment in full from you not be forthcoming on or before January
4, 1994. You should be aware that in connecti~n with whatever
legal action may be required, the estate would be entitled to
collect from you, in addition to the balance due on the loan, any
amounts which would be required and necessary to collect the
money. You can avoid becoming obligated to pay these additional
amounts by making arrangements through this office to pay the
remaining balance of the loan when it becomes due.
As Mr. Morrison has indicated to me, his mother was kind
enough to loan you a sum of money to assist you in a time of
need. It is only correct that you should make arrangements to
repay this debt as you had agreed in the Agreement dated August
8, 1990. Once again, I would request that you advise me prior to
January 4 of your intentions in this regard, whether or not you
do intend to repay the money prior to that date.
EXlIlIlJ'I' "1'''
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No. _~~_-_~.?j!l._(;J..'::U..- Tenn, 19......
Walter E. Morrison, Executor
Sl.Ltj)~_f&tAt~-o.L~tellA.--.-...-
Hollenbaugh, Deceased
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PRAECIPE
rued ...._._..___..________.____ 19._____
fo!.!:-'!!:}-.!!3..~:__~_~;.s!!l.!:_.m.., Ally,
for Plaintiff
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