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Home My WebLink About94-04690 ) . " ~ I { ~ J ~. i I I ~I ~ ~ "" " . (1."",_,,",,,.,,_ C\ I. 17 lOts 20)1 .'80 -::r cr> x: ..- ." c:l ;:~ 'I '...J ~ ,':') ~; ? (V) ~ :T .~. .~ c:::-> '" ;..:) _-'.J. ~ ''"' .~ ,." '''1 1..') ~ ':'- ~ ~ ~ ~ r- -:::r- -\. ~ ~:t ~~ \'; '--J LAW OFFICES OF MARKIAN R, SLOBODIAN PO 80)1. 120)1 ~1J tlQHTti ~t:Cor40 ~rREl f I1MmISlwHG, PI. 17 lOts 20)1 (7111232 ~180 'V) ~) 'V' :-r, z < .. 8 *2 ... CD .. l!l o - It) .. i !!lg~~8;;:; Yen" a.!:l ... . 51 w .; Jol )Sa: .~a:5" ~z~=ir:. ~ < a. i5!11 - z rr: ~ '" ~ a: - z < .. ::E {' . GBRTRUDB KIIIDLBR, Plaintiff III THB COURT or COMMOII PLBAS or CUJlBBIUJUfD COUHTY, PBHHSYLVAIIIA Defendant. I I I I I I I I I I 110. 1//- 4-(P q () (!~J .:J.J..A/VI'''-- v. CIVIL ACTIOII - LAW ROBBRT P. KIIIDLBR and MARY BLLEII KIIIDLBR, NOTICE You have been sued in court. If vou wish to defend aqainst the claims set forth in the followinq Daqes. vou must take action within twentv 1201 davs after this comolaint and notice are served. bv enterinq a written aooearance Dersonallv or bv attornev and filinq in writinq with the court vour defenses or ob;ections to the claims set forth aqainst vou. You are warned that if vou fail to do so the case mav Droceed without vou and a ;udament mav be entered aqainst vou bv the court without further notice for anv monev claimed in the comolaint or for anv other claim or relief requested bv the olaintiff. You mav lose monev or Drooertv or other riqhts imoortant to vou. 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 FINE OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 By 111 M kfl..- HARKIAN R. SLOBODIAN Attorney for Gertrude Kindler, I. GBRtRUDB KIRDLBR, Plaintiff I IR tBB COURt OF COJOCOR PLBAS OF I CUJlBBRLAHD COUJITY, PBHII8YLVAHIA I I I CIVIL ACTIOR - LAN I I I RO. I I v. ROBBRT P. KIRDLBR and NARY BLLER KIRDLER, Defendant. COMPLAINT NOW COMES Plaintiff, Gertrude Kindler, by her attorney, Harkian R. Slobodian, Esquire, and makes the following complaint against Defendants, Robert P. Kindler and Mary Ellen Kindler: l. Plaintiff, Gertrude Kindler, is an adult individual who currently resides at 107 St. Johns Church Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Robert P. Kindler, is an adult individual who currently resides at 113 Chestnut Street, Dillsburg, York County, Pennsylvania. 3. Defendant, Mary Ellen Kindler, is an adult individual who currently resides at l603 Chatham Road, Camp Hill, Cumberland County, Pennsylvania. 4. Defendants, Robert P. Kindler and Mary Ellen Kindler, are the son and daughter-in-law of Plaintiff, Gertrude Kindler. '''>''li, ' ~ ~ ., , COURT I 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference. 6. On or about September 15, 1986, Defendants, Robert P. Kindler and Mary Ellen Kindler, husband and wife, purchased as tenants by the entireties, a home located at l702 Chatham Road, Lower Allen Township, Cumberland County, Pennsylvania (the "1702 Chatham Road Property"), for the sum of approximately $65,000.00. 7. On or about September l5, 1986, Defendants, Robert P. Kindler and Mary Ellen Kindler, agreed to borrow from Plaintiff and Plaintiff agreed to lend to Defendants the sum of $60,000.00 (the "Initial Loan"), for the purpose of purchasing the l702 Chatham Road Property. 8. Pursuant to the terms of their agreement with Plaintiff, Defendants agreed to repay their obligation to Plaintiff over the course of twenty (20) years, with interest at the rate of eight percent (8%) per annum through monthly payments of $50l.86, payable on or about the first day of each month, commencing November 1, 1986. 9. The Initial Loan is evidenced by a certain amortization table, a true and correct copy of which is attached hereto and made a part hereof as Exhibit "A". lO. On or about October 4, 1988, Defendants, Robert P. Kindler and Mary Ellen Kindler, purchased as tenants by the entireties, a home located at 328 Ridge Hill Road, in the Borough 2 .' , of Carlisle, Cumberland County, Pennsylvania (the "Ridge Hill Property"), for the sum of $92,000.00. ll. On or about October 4, 1988, Defendants borrowed from Plaintiff an additional sum of approximately $60,000.00 (the "Ridge Hill Loan"), for this purchase. 12. The Ridge Hill Loan was intended by the parties to be a short term bridge loan pending sale of the 1702 Chatham Road Property. 13. On or about December 13, 1988, Defendants, Robert P. Kindler and Mary Ellen Kindler, sold the 1702 Chatham Road Property for the sum of approximately $73,500.00. 14. From the sale proceeds of the l702 Chatham Road Property, Defendants paid Plaintiff the sum of $60,000.00 which sums were applied to the amount owed on the Ridge Hill Loan. 15. Defendants, Robert P. Kindler and Mary Ellen Kindler, each benefitted by the extension of the Initial Loan. 16. Defendants, Robert P. Kindler and Mary Ellen Kindler, subsequently defaulted on their obligations under the Initial Loan by failing to make required payments when due. 17. Defendants are individually and jointly indebted to Plaintiff with regard to the Initial Loan in the amount of $68,620.10, which amount includes interest through July 31, 1994. 18. Plaintiff has requested that Defendants pay the amount due to her but Defendants have failed to do so. WHEREFORE, Plaintiff, Gertrude Kindler, demands judgment against Defendants, Robert P. Kindler and Mary Ellen Kindler, in 3 '. the sum of $68,620.10, plus costs of suit, plus interest at the rate of eight percent (8%1 per annum from August 1, 1994, until Defendants' obligation is paid in full, plus such further relief as this Court deems equitable and just, which amount exceeds the jurisdictional limit for compulsory arbitration. COUNT II 19. If this Honorable Court should find that an express contract did not exist between Plaintiff Gertrude Kindler and Defendants Robert P. Kindler and Mary Ellen Kindler with regard to the Initial Loan, which is denied, then, in that event, Plaintiff pleads the following alternative cause of action in quantum meruit against Defendants Robert P. Kindler and Mary Ellen Kindler: 20. Paragraphs I through 18, inclusive, of this Complaint are incorporated herein by reference. 21. Defendants, Robert P. Kindler and Mary Ellen Kindler, each specifically requested that Plaintiff Gertrude Kindler extend the Initial Loan to them or were aware that Gertrude Kindler had been asked to and did, in fact, extend the loan to them. 4 22. Defendants and each of them benefitted by Gertrude Kindler extending the Initial Loan and accepted the benefits of the Initial Loan. 23. Defendants are liable for the value of the benefits they received in connection with the Initial Loan. 24. Defendants have been unjustly enriched in the amount of $68,620.l0 as a result of the Initial Loan. 25. Plaintiff, Gertrude Kindler, has requested that Defendants, Robert P. Kindler and Mary Ellen Kindler, pay the amount due her but Defendants have failed and continue to fail to do so. WHEREFORE, Plaintiff, Gertrude Kindler, demands judgment against Defendants, Robert P. Kindler and Mary Ellen Kindler, in the sum of $68,620.10, plus costs of suit, plus interest from August l, 1994, until Defendants' obligation is paid in full, plus such further relief as this Court deems equitable and just, which amount exceeds the jurisdictional limit for compulsory arbitration. COUNT III 26. Paragraphs 1 through 23 of this Complaint are incorporated herein by reference. 27. On or about September 19, 1990, Defendants, Robert P. Kindler and Mary Ellen Kindler, purchased as tenants by the entireties, a home at 1603 Chatham Road, in Lower Allen TownShip, Cumberland County, Pennsylvania (the "the 1603 Chatham Road Property"), for the sum of Eighty-Five Thousand Dollars and No/Cents ($85,00.00). 5 I 28. On or about September 19, 1990, Defendants, Robert P. Kindler and Mary Ellen Kindler, jointly borrowed the sum of approximately $87,000.00 with interest at the rate of approximately 10.8\ from CCNB Bank (the "CCNB Loan"), for the purchase of the 1603 Chatham Road Property. 29, The CCNB Loan was intended by the parties to be a short term bridge loan until the Ridge Hill Property could be sold. 30. On or about September 19, 1990, Defendants, Robert P. Kindler and Mary Ellen Kindler, granted to CCNB Bank a first mortgage lien on the 1603 Chatham Road Property. 31. On or about December 24, 1990, Plaintiff, Gertrude Kindler, extended a loan to Defendants in the amount of $85,000.00 (the "1990 Loan"). 32. The 1603 Chatham Road Loan is evidenced by Plaintiff Gertrude Kindler's check to Defendant, Robert P. Kindler, dated December 24, 1990, in the amount of $85,000.00. A true and correct copy of the check dated December 24, 1990, is attached hereto and made a part hereof as Exhibit "B". 33. Defendants used all of the proceeds from the 1990 Loan to payoff the CCNB Loan and to satisfy the CCNB mortgage. 34. The 1990 Loan was intended to replace the CCNB Loan as a short term bridge loan pending sale of the Ridge Hill Property. 35. Defendants, Robert P. Kindler and Mary Ellen Kindler, each benefitted by the extension of the 1603 Chatham Road Loan. 36. Defendant, Mary Ellen Kindler, continues to reside at the 1603 Chatham Road Property. 6 ;,~~",'ff",'m""''''''( .. ii 7 37. Plaintiff, Gertrude Kindler, has asked Defendants, Robert P. Kindler and Mary Ellen Kindler, to pay back the 1990 Loan but Defendants have failed and continue to fail to do so. 3B. Defendants are individually and jointly indebted to Plaintiff, Gertrude Kindler, in the amount of $103,359.43, which amount includes interest at the legal rate from December 24, 1990, through July 31, 1994. WHEREFORE, Plaintiff, Gertrude Kindler, demands judgment against Defendants, Robert P. Kindler and Mary Ellen Kindler, in the sum of $103,359.43, plus costs of suit, plus interest from August I, 1994, plus such further relief as this Court deems equitable and just, which sum exceeds the jurisdictional limit for compulsory arbitration. COUNT IV If this Honorable Court should find that an express contract did not exist between Plaintiff Gertrude Kindler and Defendants Robert P. Kindler and Mary Ellen Kindler, with regard to the transaction which took place on or about December 24, 1990, which is dAnied, then, in that event, Plaintiff pleads the following alternative cause of action in quantum meruit against Defendants: 39. Paragraphs 1 through 37, inclusive, of this Complaint are incorporated herein by reference. 40. Defendants, Robert P. Kindler and Mary Ellen Kindler, specifically requested that Plaintiff, Gertrude Kindler, extend the Original Loan to them or were aware that Gertrude Kindler had been asked to and did, in fact, extend the loan to them. 41. Defendants and each of them benefitted by Gertrude Kindler extending the 1990 Loan and accepted the benefits of this loan. 42. Defendants are liable to Plaintiff for the value of the benefits they received in connection with the 1990 Loan. 43. Defendants have been unjustly enriched in the amount of $118,047.85, which amount includes interest at the rate of 10.8% per annum from December 24, 1990, through July 3l, 1994, as a result of the 1990 Loan. 44. Plaintiff, Gertrude Kindler, has requested that Defendants, Robert P. Kindler and Mary Ellen Kindler, pay the amount due her but Defendants have failed and continue to fail to do so. WHEREFORE, Plaintiff, Gertrude Kindler, demands judgment against Defendants, Robert P. Kindler and Mary Ellen Kindler, in the sum of $l18,047.85, plus interest from August 1, 1994, plus costs of suit, plus such further relief as this Court deems 8 "~<;'~'~;:''-:'~I (. equitable and just, which amount exceeds the jurisdictional limit for compulsory arbitration. Dated: ~, I ~. j,\<{'\ Respectfully submitted, 'l11 CA.1A.: /f ~ MARXIAN R. SLOBODIAN, ESQ. I.D. No. 41075 Sl3 North Second Street P.O. Box 12031 Harrisburg, PA 17l0B-2031 (717) 232-5180 Attorney for Plaintiff, Gertrude Kindler 9 ,,"'.e~. {, VBRIFICATION Subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities, I hereby certify that I am Gertrude Kindler, the Plaintiff named in the foregoing Complaint, and that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. '_ ,0-1'$/(4- /!;C/L&v GERTRUDE KINDLER 10 ~.H.t '~'~""~:" '. BXBIBI~ "A" MCiF:'j'GAGE TAEtLE ~ ~~. AT e % 'OR ::(1 VkSI . ~(ll. Bf. /MO 1T I NT 1+-100 1-i!-3~'!n J:A PRIN BALANCE 1 EI hB6-15999Brl4. 1 el7!. 154 5Si7i1~~ (EAR 1 19Bf. I NTEREST I 799.32 F'F:INCIPALI ::04.4 ACCUM INTI 799.32 PRIN EtALI 59795.f. MT INT PRIN BALANCE 1 ~~~~4--1G~Z 5369~~B ~- SS/'hs/5--l-ea.-ill-5959B..4" 3 . as/".-~6--1 a"';,6-~'94B3. 91. -I-.3'!if.'.'156-10!5-.,3 '-_ 3'937B ;57 5-~:S.B6 1~e.--'5~1Y.f.~T €.__~~-l~--fiJIGt:;.o&-- r-;;~1.tl le7. Ii. 59(15B;44- B--G ilG..-Ti'-1(:1!l';-l"4-5e'~o;-s. -:r--3'33 -- - ., lOB rlle.--5B941 .44 ' to-a9~.~ leg.56 ~B731_i~ 11 3)1. 36 T"1'~1".--6~~ 12 2.......-.&1- 111.:E: IiI!U":'.E -, .~_. ,. VEAF: 2 19B7 INTEREST: 4737.22 PRINCIPAL. 12B3.1 ACCUM INT: 3536.54 PF: IN EtAL I 5B51(1. 5 -, HT INT PF:IN BALANCE 1 3~. €17 1'1 I ~g BB83l!3. 71 :. ~!It.B~ t_....,~ ~5r..'J17~ s 1!H9a.rJ~S"-......~._s 1t11_.88 1 9B?;er 111. e 1 iSNS. 0 t S 38? .~&--i+h-8 S7~"4. ~4' e;-, 3BG-.~,-t-Hi.,&:;Z-5TBl6. 47 7 3B3.=2 .~~.e4 6771L.l3~ o 39 h.;>5--H-'o"1-1---::i7J!:3;(IZ :r 3B3':57 "l'1 '1-rQS/"'-571t'l7. 13 ~B3d-9 >-41B~B'- 5713:!itr.04'5 l-t-aBi40.3:l Al!>.41 _.~,....J9l~B r.: .:5cl...J!-~.~ ~111&..*1. VEAR 3 1'988 INTEREST: 4630.53 PRINCIPAL: 1391.79 ACCUH INT: 10167.07 PRIN BAL: 571 td. 71 . . (, ;~x.'-rr~''':; ':)';/'/ ' I ~ I. I I , I F'R I N &ALAtKE ~~.lil~t.7 ~~ ,''''',i ge--t~otle ...6B7lh;lI:. 37...17 li!~.e!l fiS7:l8.Et7' . -57B;a:s l1B.'51~e.~'ii05e- 5 31T. 33 114. 53 :S~S"li. 2a.. I:. 3;li.,-~ 12S. It- ...~2Ii1"""'O'jl 7 3'1li~'].' 115. 99 5C.251~ 8 af~.~~3 lLQ.5! ~~121~25 ~ :w 41' 1 Iii ~W 7 ~.g ....5~.,.5Z~ 1(1 :a73Ia3--n!El.5S-56Bj'1.~' 1 i-e1i.~;t 1:9 ~o 1&711. C.S I':! 071. Eol -HIG..<l5 _551:.11..d , , " -",,,,:''' C' YEAR 4 1989 INTEREST. 4515.01 PRINC,IPAL I 1507.31 ACCUM INTI 14E.82.08 PRIN BALI 55E.ll.4 MT I NT j'R I N BALANCE .~E>o'14- .31';"1-Z-5548(~ \ z ~~.BY 191.)~ C534B.:), 3--SbO.~~ 13:.61 33:1~ ~~ ~e.6. 1 10::1. 76 S5Et8-i-.lioE. / '{ "l ( . -5--ee.'i'-.%1~.a.4n;5 "'4~4r. (.1' ~E.e.. 31 4 2~ ~$o-S4tt1 ~e. { J~,'41--l:!lE.~ ~B'1:r.(ll' 8~:36".~ ;,;:!,.5S, EIScrr.e.5_ '-- 'iJ 3e.3.58 138.28 54399.37 "" ~L lo:.-ae.-:.-e.e-Hl9.!: 542&0.17 101 ~ ~ 1 t--a&1.1l3. .14(-,1 J 54120,04 r., .. ., ~ 1 ~e.f.t.e --14 h Oe., - 5:::':'178.98 ,.1(<' ., L YEAF: 5 19'iJ(t INTERESTI 4:::89.9 PRINCIPAL. 11:.:::::.42 ACCUM INT. 19071.98 PR I 14 BALI 53978.98 MT INT PF:IN BALANCE '1 359.85 142 53835.98 """I '11, " 358.91 142.'il5 ,53&94.03 ./, ',' , . 3 357.'3E, 143.9 5355().13 4 357 144.85 534(15.27 ~ 355.04 145.a2 '5325'3.45 '" 5 355.0E. 145.8 53112.65 7 354.08 147.78 5291:.4.87 8 353.1 148.7e. 52816.11 ':'I 352.11 149.75 52e.e.e..3e. 10 351 . 11 150.75 52515.E,1 t' . , / " ."'..,...~:_""'.... PRIN ElALANCE 151.7E. 52363.85 152.77 52211 .08 AF: 6 1991 INTERESTI 4254.42 PRINO::IPALI 17&7.9 ACCUM INTI 233.26.4 PF:IN BALI 52211.(18 T INT PF:IN BALANCE 348.')7 153.79 52057.29 347. ('5 154.81 51902.48 '''', 346.02 155.84 51746.64 " 344.98 15&.88 515E!,9. :6 343.93 157.93 5~~:..r.83 342.88 158.98 51272.85 , . 341.8.2 1&0.04 51112.81 340.75 161. 11 50951.7 339.&8 1&2.18 507B'9.52 0 338.6 163.26 50626.26 1 337.51 1&4.35 50461.91 2 336.41 165.45 5(1296.4& 'EAR 7 1992 1 NTEF:EST: 4107.7 PRINCIPAL. 1914.&2 ACCUM INT. 27434.1 PRIN BAL: 50296.46 1T INT PRIN BALANCE l 335.31 166.55 50129.91 : 334.2 167.66 49962.25 3 333.08 16B.7B 49793.47 I 331.9& 169.9 49623.57 3 330.82 171 . (14 4945~.53 :. 32'3.68 172.1B 492B('.35 7 32B.54 173.32 491(17.03 3 327.3B 174.4B 48932.55 3 325.22 175.64 4B756.91 1CI 325.05 176.Bl 4B5BO.l 11 323.87 177.99 4B402. 11 12 322.68 179.1B 4B222.93 YEAF: B 1993 INTEREST: 394B.79 PF: I NO:: I PAL: 2073.53 ACCUM INT: 313B2.B9 PRIN BAL: 4B222.93 / '(EAR ':I 1':194 INTERESTI 3776.67 PRINCIPALI 2245.65 ACCUM INTI 3515':1.56 PRIN BAL. 45977.28 / PRIN 195.34 1':16.65 197.96 199.28 200.61 201. 94 203.29 204.65 206.01 2('7. 38 208.77 210.16 .49 0,28 19.07 317.85 316.63 315.39 314.15 I 312.9 l 311. 64 ,0 310.37 11 309.09 12 307.81 PRIN 180.37 181 . 58 182.79 184.01 185.23 186.47 187.71 188.912 190.22 191.49 In.77 194.05 INT 306.52 305.21 303.'3 302.58 301.25 5 299.92 7 298.57 8 297.21 9 293.85 10 294.48 11 293.09 12 291. 7 "IT 1 2 3 4 5 .' O~<'" -..'....-.".". BALANCE 48042.56 47860.98 47678.19 47494.18 47308.95 47122.48 46934.77 46745.81 4e.SSS.5'3 46364.1 46171.33 45977.28 BALANCE 45781. 94 45585.29 45387.33 45188. ('5 44987.44 44785.5 44582.21 44377.56 44171.55 43964.17 43755.4 43545.24 ~, VEAR 10 INTEREST. PF:INCIPAL. ACCUM INT: PRIN BAL. 1995 359(1.28 2432. (l':/'..... 38749...8,4 43545.24 MT INT 1 290.3 2 288.89 3 287.47 4 285.04 5 284.6 6 283.15 7 281 . 7 8 280.23 9 278.75 10 277.26 PRIN 211. 56 212.97 214.39 215.82 217.26 218.71 220.16 221.63 223.11 224.6 ,~ BALANCE 43333.68 43120.71 42906.32 4269('.5 42473.24 42254.53 42034.37 41812.74 41589.63 41365.03 AR 11 INTERESTI PF: I NC' I PALl ACCUN INT. PRIN BALI NT 1 INT 27Z.74 :=:71. 21 269.68 268.13 26e..~7 2~5 263.42 261 . 83 26(1.23 :258.62 257 12 255.37 I 2 , 3 I, ,4 .: ~ ,"' '6 7 8 9 1(. 11 YEAR 12 I NTEF:EST. F'R I NC I PAL. ACCUN INTI PRIN BAL. MT INT 1 253.73 2 252.(17 :3 25(1.41 4 248.73 5 247.(14 6 ::4~.34 7 243.63 8 241. 91 9 24(1.18/ 1(. 238.43 11 236.68 1:: 234.91 YEAF: 13 I NTEF:EST: PF:INCIF'AL: ACCUN INT: F'F:IN BALI PRIN 22e..09 227.6 (' . "..'. <- ':' BALANCE '41138.94 40911.34 199e. 3388.42 2633.9 42138.26 40911.34 PRIN 229.12 230.65 232.18 233.73 23~.29 236.8e. 238.44 240.03 241.63 243.24 244.86 246.49 BALANCE 40682.22 404~1. ~7 40219.39 3998~.66 397~0.37 39513.~1 39275.07 3';'035. ('4 38'793.41 38~~0.17 3830~.31 38058.82 1997 3169.8 2852.52 45308.06 38058.82 PRIN 248.13 249.79 251.45 253.13 254.82 256.52 258.23 259.95 261.68 2e.3.43 2e.5.18 2e.e..95 BALANCE 37810.69 37560.9 37309.45 37056.32 3680 1. ~ 36544.9B 3e.286.7~ 36026.8 35765.12 35501.69 35236.51 34969.56 1998 2933. c:.e, 3089.26 48241.12 34969.56 -. '':' ,~. '. , . I . F'RIN .13 2&8.73 1.34 :nO.52 2;:9,54/ 272.3~ 227.7::' ~74.14 225.89 275.97 224. (.5 277.81 2::~.2 279.66 ::20.34 281.5Z 218.4G 283.4 ~1e,.57 285.29 214.&7 287.1'3 12 212.75 28'3.11 YEAF: 14 INTERESTI f'RINCIF'ALI ACCUM INTI f'RIN BALI INT 21(1.83 208.8'3 20E,.93 2c)4.97 202.99 6 2()(l.9'3 7 1'38.'3'3 8 19&.'37 '3 194.94 10 1'32.89 11 1'30.83 12 188.7G MT 1 2 3 4 5 YEAF: 15 I NTEF:EST. f'F: I NC I F'AL I ACCUM INTI F'F:IN BAL. MT I NT 1 18G'G7 2 184.57 3 182.45 4 18('. 32 5 178.18 G I 7G. 02 7 173.85 8 171. &G '3 1&9.4G 10 IG7.25 (, BALANI:E 34700.83 34431:'.31 34157.99 33883.8:5 33607.88 33330. (I' 33050.41 327&8.89 32485.4'3 3::201).2 31913.01 31G23.9 1'399 267e..66 3345.6E. 50917.78 31G23.9 F'P.IN 291.03 292.97 294.93 29G.89 298.87 300.87 302.87 304.89 3('&. 92 308.97 311. 03 313.1 ..... ., ,'" . l, BALANCE "'3133~.B7 3103'3.9 30744.97 30448.08 3('149.21 29840.34 29545.47 29240.58 28933.G6 28G24.G'3 28313.66 281:11:11:1.56 2000 2398.'38 3G23.34 5331G.7e. 28000.56 F'RIN 315.19 317.29 319.41 321. 54 323.G8 325.84 328.01 330.2 332.4 334.61 / Bi.LANCE 27685.37 27368. ('8 27048.G7 2G727.13 264('3.45 26077.61 25749.G 2541'3.4 25087 24752.39 MT INT PF:IN BALANCE 1 132.18 359.58 19457 ", 129.71 372.15 19(184.85 ~ ::: 1::::7.23 374.63 18710.22 4 124.73 377.13 18333.09 5 122.22 379.54 17953.45 e. 119.59 382.17 17571.28 7 117.14 384.72 17185.55 " 8 114.58 387.28 15799.28 ':I 112 389.85 164~9.42 1(1 1("3.4 392. 45 <'-':~(l15. 95 . 11 106.78 395. (18" .t 5621.88 12 1(14.15 397.71 15224.17 YEAR 18 2003 I NTEF:EST : 1419.81 PRINCIPAL. 4602.51 ACCUM INT: 58607.33 F'RIN BAL: 15224.17 . 1.49 B.B3 '~E.. 14 93.43 9('.71 E. B7.97 7 85.21 8 8'::.43 9 79.1:.4 10 71:..B2 11 73.99 12 71. 14 , " VEAR 19 I NTEREST I PRINCIPALI ACCUM INTI PRIN BAL. " , , ., MT I NT 1 1:.8.ZI:. 2 65.37 3 I:.Z.46 4 59.53 5 56.5'3 G 53.62 7 50.63 8 47.62 9 44.59 10 41.54 11 38.48 12 35.39 VEAF; 2(' INTERESTI PF:INC:IPALI ACCUM INTI PRIN BALI MT 1 2 3 4 INT 32.28 29.15 25,92 22.8. 19.63 11:..41 13.18 9.92 6.1:.4 5 I:. 7 8 9 (' ',:!!t:lPI."''''-1 "U.t.~~ :'-~: '. PR I N BALANCE 400.37 148Z3.8 403.03 1.44;)(..77 405.72&.'''14(115.05 408.43. ,131:.01:..6Z 411.15 13195.47 413.89 12781.58 411:..1:.5 1231:.4.93 419.43 11945.5 422.22 11523.:8 4Z5.04 11098.24 427.87 101:.70.37 430.72 10239.65 2004 1037.8 4984.52 591:.45.13 10239.65 ElALANCE 98('1:.. 05 S'3e,":I.~b 8'!'30. 16 84EJ7.83 B()4:: . 56 7594.3:: 7143.('''' 1:.688.85 1:.231.58 5771.26 5307.88 4841.41 2005 624.08 53",8.24 6021:.",.21 4841. 41 BALANCE 4371.83 389",.12 3423.25 2944.21 2461.98 197G.53 1487.85 995.91 500.1:.9 rINAL PAVMENT: 504.03 MONTH: 10 INT: 3.34 PRINI 500.69 2006 179.36 4841.41 60448.57 (. ~ .' '.. <. PRIN 433.1:. 431:..4'" 43'3. .., 44:::.33 445.27 448.24 451. 23 454.24 457.27 460.32 41:.3.38 466.47 PRIN 469.58 472.71 475.87 479.04 482.23 485.45 488.68 491.94 495.~2 -, I: Ii VEAR 21 INTEREST. PRINCIPAL: ACCUM INT: F'F:IN BAL: . to' '''I " i' . BXHIBIT "B" . . .' / '. ...., '. ,,!! .~u J. : ... , i r ..... " 11", I 00( ,: '...,7 . . .. '-:'..~:' t1 .~. 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Jbj.t;.I~ .,;U;...../h~ I ' , ?~qI.I:.O~ 100085000001 - . , ,.~..,')., c. " . . '" . ' . .-' . - ,.~ ~E. ~.. .f .t'. u.J~;:'j:,1 t.:Il.... ~r -6fJ..t ~.cc:.~l ..J,....:....,:;; -..ri... ; ~ u-: :.t.: . H:"- .:~ .-.'"lh4 ;..1-"- ~ ~(.) '=" l2'O . ::c c- .... N ('oJ ... .... .." ~ . ~~ to Z ~ ..... ~ ~ ..... 'tl J:: ~!~ ~8 ..... J:: <II H ~ <II .'tl :s~ 0 j J:: l>ll>lJ:: e o ;::: on ~! ...... folCII - l>l<ll fol,..:l..... ~a u - on ~ =3 >-~ - ~;;: ,..:I~C11 . - ~HCI '" CI ctl ffi~ on f-<fol Z Z . H~ om ~ r::- ~~oo H :> ~Z Hrn f - ::J O\H ~ ~~ 0", C o \OH .fol ~iiil t.Jt.J~u fol ~,..:I ,< ~ f;;S ..~ !:l .~ CJ3C1 CJ30\,..:I ~~ f-<~ H ~i 'l> l>l Z OH fol li! HPo.ZU t!l . . LAWOFFICE.~ MIRIN & . JACOBSON KI50 DERRY STREET II^RR~:!!1.!.W.f!~~~_J?ll.~-521t11 (717) ,~'iftl.l~ 15 .. GERTRUDE KINDLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. ROBERT P. KINDLER and MARY ELLEN KINDLER, Defendant NO. 94-4690 NOTICE TO PLEAD TO: Ms. Mary Ellen Kindler c/o Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 YOU ARE HEREBY REQUESTED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED DEFENDANT ROBERT P. KINOLER'S ANSWER TO COMPLAINT AND CROSSCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. DATED: August 3D, 1994 8150 Derry Street Harrisburg, PA 17111-5260 (717) 561-l515 notice.p1d ectfully submitted, & JACOBSON eslie David ttorney lOll Attorney for Robert P. Ki ~ - GERTRUDE KINDLER, Plaintiff v. I I I I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4690 ROBERT P. KINDLER and MARY ELLEN KINDLER, Defendants CIVIL ACTION - LAW ANSWER TO COMPLAINT AND CROSSCLAIM AND NOW comes Robert P. Kindler by and through his attorney, Leslie David Jacobson, and files the following answer to the Complaint and Cross-Claim and in support thereof avers as followsl 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. COUNT I 5. Paragraphs 1 herein by reference. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. ll. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. through 4 of this response are incorporated 1 r 16, Admitted. 17. Admitted. 18. Admitted. COUNT II 19. The averment in paragraph 19 is a conclusion of law to which no response is required. 20. The responses contained in paragraphs 1 through 18 are incorporated herein by reference. 21. Admitted. 22. Admitted. 23. Admitted. 24. Admitted. 25. Admitted. COUNT III 26. Paragraphs 1 through 23 of this response are incorporated herein by reference. 27. Admitted. 28. Admitted. 29. Admitted. 30. Admitted. 31. Admitted. 32. Admitted. 33. Admitted. 34. Admitted. 35. Admitted. 36. Admitted. 2 37. Admitted. 38. Admitted. . . COUNT IV 39. Paragraphs 1 through 37, inclusive of this response, are incorporated herein by reference. 40. Admitted. 41. Admitted. 42. Admitted. 43. Admitted. 44. Admitted. CROSS-CLAIM AGAINST DEFENDANT MARY ELLEN KINDLER 45. The averments contained in paragraph 1 through 44 of the response are incorporated herein by reference. 46. In the event that this Court finds that Mary Allen Kindler is not liable in any amount to Gertrude Kindler, then Mary Allen Kindler is liable to Robert P. Kindler for indemnification and/or for contribution. WHEREFORE, Defendant, Robert P. Kindler, demands judgment against co-Defendant, Mary Allen Kindler in an amount in excess of $20,000.00 plus any accrued interest from August 1, 1994, plus any other relief as this Court deems just and equitable. ectfully submitted, & JACOBSON DATED: August 3D, 1994 8150 Derry Street Harrisburg, PA 17111-5260 (717) 561-15l5 sHe ttorney Attorney L1~7 P. Kindler 3 ( , VERIFICATION I, Robert P. Kindler, do hereby certify that the statements made in the foregoing Answer to Complaint and Crossclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn statements to authorities. IV- (l. I~ Robert P. Kindler 4 . " CERTIFICATE OF SERVICE FIRST CLASS MAIL Markian R. Slobodian, Esquire P.O. Box 12031 Harrisburg, PA 17108-2031 Samuel L. Andes, Esquire Andes, Vaughn & Bangs P.O. Box 168 Lemoyne, PA 17043 I, Leslie David Jacobson, do hereby certify that a copy of the foregoing Answer to Complaint was this day served upon the following person in the manner indicated below: DATED: August 30, 1994 Jdndlans.829 5 {, a-.. -.. LAW OFFICES l\IlRIN &JACOUSON 8150 DERRY STREET HARRISBURG, PA 17111-'260 ----_..~+.,_..__.-. (717) ~.I'''l'''' .. . OER~RUDE KIHDLBR, Plaintiff IH ~BB COURT OF COMMOH PLEAS OF CUMBERLAJlD COUII~Y, PEIOISYLVAIIIA v. I I I I I I I I I I CIVIL AC~IOH - LAW ROBER~ P. KIHDLBR and MARY BLLEH KIHDLBR, Defendants HO. qq - '16 ro ACCEPTANCE OF SERVICE I accept service of the complaint on behalf of Robert P. Kindler and certify that I am authorize Dated: girl / so. eslie D. Jaco 8150 Derry str Harrisburg, P , 1994 ...' - :::; V1 -- 6; . ;:;.. ""t ,~.. HI:-r-.r ~ .~'- 1L-'_"(" ~ VI '" '" ',- - '. .1../....; ,;,1", :Jo't.. ?:s ......> -=a. '=-- --~ a. ::C 0_ ,,,. ~n ", ..t .. N r- ,'-J .... ,.. V' " ~ IJl o ~ ~ < ~ ~ ~ co ~ ~ ~ Z cl$ '" E ~ ~ :t. < h >- =: III i'! ~ i" o ~ ~ .. ~ ;;l Z _ 0 w < II: c c; llo ., 0 II: llf "': ~ e z IJl <.. >- ~ ~ 0 !:l " 7- X ~ < ~ ~ " ... 'i f, ... . - vs ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-4690 CIVIL TERM GERTRUDE KINDLER, Plaintiff ROBERT P. KINDLER and MARY ELLEN KINDLER, Defendant . ANSWER TO CROSS-CLAIM OF ROBERT P. KINDLER AND NOW comes the above-named Defendant, Mary Ellen Kindler, by her attorneys, Andes, Vaughn & Bangs, and makes the following Answer to the Cross-Claim filed against her by the Defendant, Robert P. Kindler: 45. No answer required. To the extent that an answer to these averments is deemed to be necessary, Mary Ellen Kindler incorporates herein by reference the averments set out in her Answer filed in this action. 46. Denied. Mary Ellen Kindler is not liable to Robert P. Kindler for indemnification or for contribution for the amounts claimed by the Plaintiff in this matter. Robert P. Kindler and the Plaintiff made various arrangements for the exchange of monies without the knowledge, consent, or participation of Mary Ellen Kindler and, to the extent that anyone is liable to the Plaintiff for those exchanges, Robert P. Kindler alone is liable - '. and has no right of indemnification or contribution from Mary Ellen Kindler. WHERERORE, Mary Ellen Kindler prays this Court to dismiss the Cross-Claim of Robert P. Kindler. ...~~ By~ Samue'l L. A des Attorney for Defendant, Mary Ellen Kindler ( , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ( SS>: ) MARY ELLEN KINDLER, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Answer are true and correct to the best of her knowledge, information and belief. /Jja'l-"l ,If",.. ~.I.'&.J Mary-El en Kindler Sworn to and subscribed before me this l..o#' day of Ser'~ , 1994. L,,"___ ~ , rlot.'lri.11C'cal l l\,,""'r.(jo',N~'p.,b!c (,""-C',n~ L~~.-u Ct..'fr.boi1.u I,lr Cun:r,'~:n'EJ.plosAuJ'tj 1~ .. -:r ~~, :'\":: C' . - " tIl 0 3 ~ .. < ~ !: a:I 3 ~ = c.(j .. ~ ~ z '" .. 5 ~ :< < :; ~ - II: ~ >< :- 0 ;.. ~ 0 1/1 ;:l '" " z z z .< = = ci >l ~ ~ '" ~ llo iii 0 oj z ill < Z ~ ;.. A " 0 '" ~ ~ < ~ . ~, 'J , . ,. GBRTRUDB KINDLBR, Plaintiff vs. ) ) ) ) ) ) ) ) IN THB COURT OF COHMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW NO. 94-4690 CIVIL TERM ROBBRT P. KINDLBR and MARY BLLEN KINDLER, Defendants NOTICB TO PLEAD TO PLAINTIFF NAMBD HERBIN: YOU ARE HBREBY NOTIFIBD TO RBSPOND TO THB BNCLOSBD ANSWER AND NBW HA~rER WITHIN TWENTY (20) DAYS FROH SBRVICE HBRBOF OR A DBFAULT JUDGMENT MAY BB ENTERED AGAINST YOU. ANDES, VAUGHN & BANGS (':; C (' 8y ,--'C\ \ ?t\,--~ ~,~ '-/,. " -' Samuel L. Andes Attorney for Defendant Mary Ellen Kindler Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I " ,I Ii il I, !I ii " !I if i: , , Ii i GERTRUDE KINDLER, Plaintiff I vs. ROBERT P. KINDLER and MARY ELLEN KINDLER, Defendants ITO: I Robert P. Kindler clo Leslie David Jacobson, Esquire 8150 Derry Street Harrisburg, PA 17111-5260 ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-4690 CIVIL TERM NOTICE TO PLEAD ANDES, VAUGHN & BANGS ~..-.......... c:- .,. ~ Ir:) ^ By -- .) '-I~J)'j.~Y...;:i.. lP" Samuel L. Andes Attorney for Defendant Hary Elln Kindler Supreme Court ID 17225 YOU ARE HEREBY REQUESTED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED DEFENDANT HARY ELLEN KINDLER'S ANSWER AND NEW HATTER TO COHPLAINT AND CROSS-CLAIH WITHIN TWENTY (20) DAYS FROH SERVICE HEREOF OR A JUDGHENT HAY BE ENTERED AGAINST YOU. GERTRUDE KINDLER, ) IN THE COURT OF COHHON Plaintiff ) PLEAS OF CUHBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) CIVIL ACTION - LAW ROBERT P. KINDLER and ) MARY ELLEN KINDLER, ) NO. 94-4690 CIVIL TERH Defendants ) ~ ANSWBR. NBV MA'M'IlR AND CllOSS-CLAIH OF DEFBNDANT. HAllY ELLEN KINDLER AND NOW comes the above-named Defendant, Hary Ellen Kindler, and makes the I following Answer and New Hatter to Plaintiff's Complaint: II 1. Admi tted. 2. Denied. Robert P. Kindler resides at 1925 Chatham Drive, Camp Hill, Pennsylvania. 3. Admitted. 'I 4. Admitted. By way of further answer, Mary Ellen Kindler states Robert P. Kindler are separated and have been Beparated for a period of that she and several years. I ,I 5. No answer required. 6. Admi tted. 7. Denied. Hary Ellen COUNT I Kindler never agreed to borrow money from Plaintiff, never borrowed money from Plaintiff, and never entered into any agreement with Plaintiff whereby she was to borrow money from Plaintiff or agreed to repay money to Plaintiff, for the purpose of purchasing the Chatham Road property or for any other purpose. The averments set out in Defendant's New Matter are incorporated herein by reference. I ~ 8. Denied for the reasons set forth in the answer to No. 7 hereinabove. 9. Denied for the reasons set forth in the answer to No. 7 hereinabove. Hary IEllen Kindler denies that she negotiated or participated in negotiations involving an a.ortization schedule or any such document and specifically denies that she participated in the preparation or negotiation of the document attached to Plaintiff's Complaint as Exhibit A. 10. Admitted. 11. Denied. Hary Ellen Kindler denies that she ever borrowed from Plaintiff, agreed to borrow from Plaintiff, or agreed to payor repay to Plaintiff, the sum of II $60,000.00, for this purchase or any other purpose. Ii 12. Denied. Hary Ellen Kindler incorporates herein the averments set out in the II II answer to No. II which are set forth above. !i ]! I loan from the Plaintiff to her or that she had any intentions regarding such a loan. I I I proceeds of the sale of thp. Chatham Road property were taken by the Defendant Robert P. She specifically denies that there was a 13. Admitted. 14. Denied. Hary Ellen Kindler did not pay Plaintiff any sum of money. The cash I Kindler and disposed of by him in ways not known or made known to Hary Ellen Kindler. I I I I i " " !' 15. Denied. Hary Ellen Kindler was not aware of any loan and received no benefit from such loan. To the extent any party benefited from the transfer of funds from Plaintiff to Robert P. Kindler. if such transfer took place, that person was Robert P. ii Kindler. i! :! 16. Denied. Hary Ellen Kindler never had any loan obligation to Plaintiff and , has never defaulted on any such obligation. 2 " 17. Denied. Mary Ellen Kindler is not indebted or in any way obligated to I Plaintiff, for the loans which the Plaintiff claims to be due, or for any other reason lor in any other way. II 18. It is admitted that Plaintiff has requested Mary Ellen Kindler pay sums of Imoney to her but Mary Ellen Kindler denies that she has any obligation to make such payment. II II and 'I I I I WHKRBPORB, Mary Ellen Kindler praYB this Court to dismiss Plaintiff's Complaint to enter judgment against the Plaintiff and in favor of Mary Ellen Kindler. COUNT II 19. No answer required. 20. No answer required. 21. Denied. Mary Ellen Kindler never specifically requested Plaintiff to extend a loan or otherwise advance funds to the parties. Mary Ellen Kindler was never aware I that Plaintiff did extend funds to Robert P. Kindler. The averments set out in the New Matter attached hereto are incorporated herein and made a part hereof. 22. Denied. Mary Ellen Kindler denies there was any loan extended to her or that she benefited from any such loan. If there was a loan made, to the extent any person benefited from such loan, that person was Robert P. Kindler. The averments set out in the attached New Matter are incorporated herein and made a part hereof by reference. 23. Denied. Mary Ellen Kindler received no benefits from funds advanced to Robert P. Kindler by the Plaintiff and is not liable for any such funds or the value of , any alleged benefits. The averments set out in the attached Nell Malter are incorporated herein and made a part hereof by reference. 3 .'. 24. Denied. Mary Ellen Kindler has not been unjustly enriched in any amount of money by the loan the Plaintiff claims to have made. The averments set out in the [attached New Matter are incorporated herein and made a part hereof by reference. I 25. It is admitted that Plaintiff has requested Mary Ellen Kindler and Robert P. I Kindler to pay money to her. It is denied that Mary Ellen Kindler has any Obligation Ito make such payments. WHEREFORE, Mary Ellen Kindler prays this Court to dismiss Plaintiff's Complaint ,and to enter jUdgment against the Plaintiff and in favor of Mary Ellen Kindler. II COUNT III 26. No answer required. 27. Admitted. 28. It is admitted that Robert P. Kindler and Mary Ellen Kindler borrowed money from CCNB Bank, N.A. The details of that transaction, and exactly what disposition was made of the funds, are within the exclusive knowledge of Robert P. Kindler and Mary Ellen Kindler denies them for that reason and demands proof thereof at trial. 29. Denied. Mary Ellen Kindler never intended the loan from CCNB Bank, N.A., to be a "short term bridge loan," That loan was arranged by Robert P. Kindler without her knowledge or participation. 30. Admitted. 31. Denied. Plaintiff never extended a loan to Mary Ellen Kindler, or to the I Defendants jointly, at any time. The averments set out in the attached New Matter are i incorporated herein by reference. 4 . 32. Denied. The check attached as Bxhibit B to Plaintiff's Complaint does not evidence a loan because no loan was made. The averments set out in the answer to No. 31 hereinabove are incorporated herein by reference. 33. Denied. Mary Bllen Kindler was not aware of any funds advanced by the Plaintiff and did not use those funds for any purpose. 34. Denied. Mary Bllen Kindler never made a loan from the Plaintiff and never I I intended any loan from the Plaintiff to replace the CCNB Bank debt. 35. Denied. Mary Ellen Kindler did not benefit by the funds extended to Robert P. Kindler by the Plaintiff. It is denied such funds constituted a loan. The averments set out in the attached New Matter are incorporated herein and made a part hereof by reference. 36. Admitted. 37. It is admitted that Plaintiff has requested Mary Bllen Kindler and Robert P. Kindler to pay money to her. It is denied that Mary Bllen Kindler has any obligation to make such payments. 38. Denied. Mary Bllen Kindler is not indebted to the Plaintiff in any way for any alleged loan or for any other reason. WHEREFORB. Mary Bllen Kindler praYB this Court to dismiss Plaintiff's Complaint and to enter Judgment against the Plaintiff and in favor of Mary Bllen Kindler. COUNT IV 39. No answer required. 40. Denied. Mary Bllen Kindler never requested Plaintiff extend a loan to her or to her and Robert P. Kindler and was never aware that Plaintiff had been asked and did extend a loan to her and Robert P. Kindler. 5 " 41. Denied. Mary Ellen Kindler was not aware of any loan and could not have accepted any alleged benefits of such loan. Rhe did not benefit from any such loan. To the extent anyone benefited from any alleged loan, that person was Robert P. Kindler. 42. Denied. Mary Ellen Kindler received no benefits and is not liable to Plaintiff in any way or for any item. 43. Denied. Mary Eilen Kindler has not been unjustly enriched in any amount and received no loan or the benefits of no loan from the Plaintiff. 44. It is admitted that Plaintiff requested payment of money from Mary Ellen Kindler but it is denied that Mary Ellen Kindler owes Plaintiff any sum of money. WHERBFORB, Mary Ellen Kindler praYB this Court to dismiss Plaintiff's Complaint and to enter jUdgment against the Plaintiff and in favor of Mary Ellen Kindler. NEW HAnER 45. Plaintiff has, on numerous occasions in the past, made gifts of money and other items to her son, Robert P. Kindler. 46. Mary Ellen Kindler believes that any monies extended or given to Robert P. Kindler by Plaintiff were gifts to him which were intended to be gifts without condi tion. 47. There was no agreement or understanding between Plaintiff and Robert P. Kindler that Robert P. Kindler would repay any of the monies extended or advanced by Plaintiff to him. 48. Robert P. Kindler has never acted as an agent for Hary Ellen Kindler with regard to financial matters. 6 49. Any and all financial arrangements, specifically including any gifts, betweon Plaintiff and Robert P. Kindler were kept private by them and not made known to, disclosed to, or discussed with Mary Ellen Kindler by either of them. 50. To the extent that Robert P. Kindler invested any money received from his mother in any of the assets which Robert P. Kindler and Mary Ellen Kindler owned, his investment of such assets was a gift to Mary Ellen Kindler, not a loan. 51. Mary Ellen Kindler received no funds directly from Plaintiff on any of the occasions described in Plaintiff's Complaint. 52. Plaintiff had no direct discussions with Mary Ellen Kindler regarding any of the funds advanced to Robert P. Kindler prior to January of 1994. 53. There are no documents bearing the signature of Mary Ellen Kindler evidencing or supporting the claims of Plaintiff in this matter. 54. Plaintiff's claim is barred by the statute of limitations. 55. Plaintiff's claim is barred by the doctrine of waiver. 56. Plaintiff's claim is barred by the doctrine of estoppel. WHEREFORB, Mary Ellen Kindler prays this Court to dismiss Plaintiff's Complaint and to enter jUdgment in favor of Mary Ellen Kindler. 7 CROBB-CLAIM AGAINBT ROBERT P. KINDLER AND NOW comes Mary Ellen Kindler and makes the fOllowing Cross-Claim against Robert P. Kindler in this matter: 57. The averments set forth in all the preceding paragraphs of this Answer and New Matter are incorporated herein by reference. 58. If the funds advanced by Plaintiff to Robert P. Kindler are found to be loans to both Defendants by the Plaintiff, Mary Ellen Kindler hereby demands indemnification from Robert P. Kindler for all sums she is ultimately found to owe the Plaintiff. I II 59. Any loans or other financial transactions between the Plaintiff and Robert P. IIKindler were arranged without the knowledge, consent, or participation of Mary Ellen II Kindler and. as such, were transactions which she did not authorize Robert P. Kindler I i I to make on her behalf. II 60. To the extent that the court determines that Mary Ellen Kindler is obligated II lito Plaintiff in this action, Robert P. Kindler is indebted to Mary Ellen Kindler I I because such obligations were created by him without the authority or permission of II Mary Ellen Kindler. II WHERBFORB, Mary Ellen Kindler hereby demands jUdgment against Robert P. Kindler in I the full amount of any debt she iB found to owe to the Plaintiff in this action and I further demands full indemnity and reimbursement from Robert P. Kindler for all of the III sums she is found to be obligated to pay and all of her costs and expenses in defending this action. I ANDES, VAUGHN & BANGS By Q H,,-,~~,ll~ C L. A'Q)JA-"~~ Attorney for Defendant Mary Ellen Kindler Supreme Court ID 17225 8 " COKHONWBALTH OF PBNNSYLVANIA ICOUNTY OF CUHBBRLAND MARY BLLBN KINDLBR, ) ( SS.: ) being duly sworn according to law, deposes and says that the facts set forth in the foregoing Answer, New Hatter, and Cross-Clai. are true and 'I correct to the best of her knowledge, information, and belief. I, II II il il I Sworn to and subscribed I before ..e this 20"'1. day of S.f~ , 1994. Ii , 1.''''''01 K.;~....a, II Notarf Public II II 'lIfl&E,d,~ ./f;~a.-/ BL N KINDLER - N~r..:l&.., lc",);::;~' No:iI.~ PuIi" /.ffCulllmisoiOf1'="i!~Cou"'Y ~J,17, 1996 i I i I I. Ii " Ii !i " " " 9 MARKI~~:.':'O~ODiAN ,,/':i~;:~ ',0, lOX llCQl , .,;;i):r . 11SHOIlTH llCOHDITIlIIT' " ':"/:'."" . " " . _ '" _ ;':>'}':: ~',/":;'w . HAflAlIIU"O, 'A 17,0..1031 - -' '- ;,,;_:.::;;~~t.f- C71rllSHlIO < , :';/" . 5~-'-':'-';;)~_J:::S... GERTRUDE KINDLER, PlabUff I IN THB COURT OF COMMON PLBAB OF I CUJlBERLAHD COURT!, PBHHSYLVAHIA I I I CIVIL ACTION - LAW I I I NO. 94-4690 CIVIL TERM I I v. ROBERT P. KINDLER and MARY ELLEN KINDLER, Defendant. ACCEPTANCE OF SBRVICB I accept service of the complaint on behalf of Mary Ellen Kindler and certify that I am authorized to do so. ~ 2- -~- 00R2~. ~ Samue . Andes, Esquire ANDES, VAUGHN & BANGS P.O. Box 168 Lemoyne, PA 17043 Dated: ~, 1994 . ( -:;rr' -- """ .j.: ,- =: "'"-, :z N N = ,," .... ... " v-> ,;,;;,,'r~~"i,~~1W-'!~;/F'" ~...t-~ !.'i~~'" ~.iO",- P';~-" .~"i:'ij.~flt~"c' ~:<.,i'tiJ.Jt{.)"~,,.,..;r2~~1':' ~i;;:;'~~~~B':'"- ". , h,It'.... I!'-. ~"'-"'... "v~;II" ',... ",f' . ~ ~ L~'li'~' " ',"" ,io." ~,~,,'-".;. ,-'.;.r::',....'G"..'-.:,iJ.'~Jit;(;1.-;,,..(h.'.~"~;.~..~""'!1"'}:;:,,. ,.' . . ~ ) t.~...,.'t "''<' l " ....,.."'~ , """'- $.W '~ ,.-'1;", _,..td~":':Y:i-o'''"'"'~ ,if"tJ. ;:'i'_'lt-.r." ...~>".....,:l; _, ~'1!f;~(;\!':'~~!<;,,~~;~~jj;lf~W~i~;ii~.'l'1f~I~{Jt,:.~~.~,_~r,t~_~,~" '-~,",,"'-~'-"-'- . ~ ~ ~~ ',- - ' 'S:;l:~'{)' ','. ":0" en - >-,.. "'- ... . , . I.":' ,..t o:...~ f.r ,;:0"".' '... r'Cc.. ~~ .-": ~, >-, :c Q,. ,.., :z M a"l ....... .... .... V'> ':;' . .... Iloo ~ - H i >' 1IJ ~ ~ ~~~ Il-l ~ 01 Il-l Iii HCJl .r! 'tl . CJl ~Olil U c:: 'tl IlooIilO~ UH ;l <cl - c:: CJl~ e O!~ III 8j:l>:l~ ~Ql HZU ~ -<cl ~~Il-l i:l::0 j:l ;a >-~ III IE ~ ~~ Iillloo0iij . ~~> ~Iloo ~~~ IilCJl:ij ~ ~ I-:l D:ci '" o ~' o~ ~Iil 0 III ~ ~H ~ ~Iil....l ~ ctl ffi D: ~ HIil Z . H:': f ~ ~~oo 1;1 > :.: ~CJlIilO~ C :J C7\H Z - !::~H ~! o IDH ~~ ~ 0:': Uo4'U Iil ~~ih:z 1< ~ ....l -04' tlil 5~~g~ CJlC7\....l H;:j H t Iil>' .> Iil 01;1 UIil ....lOH Iil 0 IlooZU . .. l.AWOFF1CES MIRIN & .I"C()IIS()~ HI~U I>EltRY STRIH:r IIAKKISBlJIUi.I"A 17111-5;!hU -(~'17. :'i"'-"'o\jl~ .. " "- GERTRUDE KINDLER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4690 CIVIL TERM CIVIL ACTION - LAW ROBERT P. KINDLER and MARY ELLEN KINDLER, Defendants DEFENDANT ROBERT P. KINDLER'S RESPONSE TO THE NEW MATTER AND CROSS- CLAIM OF DEFENDANT MARY ELLEN KINDLER AND NOW comes Robert P. Kindler, by and through his attorney Leslie David Jacobson of Mirin & Jacobson and makes the following response to the new matter and cr.oss-claim of Defendant Mary Ellen Kindler and in support thereof avers as follows: NEW MATTER 45. Admitted. 46. Denied that the monies extended to Robert P. Kindler and Mary Ellen Kindler by the Plaintiff, which are the subject of the instant litigation, were gifts to him, and further denied that they were intended to be gifts without condition. 47. Denied that there was no agreement or understanding between Plaintiff and Robert P. Kindler that Robert P. Kindler would repay any of the monies extended or advanced by Plaintiff to him. To the contrary, Robert P. Kindler agreed at all times that the monies were to be repaid and further, Defendant Mary Ellen Kindler was aware of that agreement and understanding. 48. Denied that Robert P. Kindler has never acted as agent for Mary Ellen Kindler with regard to financial matters. To the contrary, during the time that the parties were together in their 1 ~ marriage, Robert P. Kindler acted as agent for Mary Ellen Kindler at all times regarding financial matters. 49. Denied that all financial arrangements between Plaintiff and Robert P. Kindler were kept private by them and were not made known to or disclosed to or discussed with Mary Ellen Kindler by either of them. To the contrary, Mary Ellen Kindler was aware of all financial arrangements regarding the monies extended which are the subject of the within litigation, especially the obligation of both Defendants to repay same. 50. The averment of paragraph 50 is a conclusion of law to which no response is required. However, to the extent that a response is required, it is denied that Robert P. Kindler's handling of the monies in question were treated as a gift to Mary Ellen Kindler. To the contrary, these were not investments but were purchases of properties in which Mary Ellen Kindler used, lived in, and enjoyed their benefits. 51. Admitted. 52. The information contained in the averment of paragraph 52 is a solely within the knowledge of the Plaintiff and after reasonable investigation, Defendant Robert P. Kindler is unable to form an opinion as to the truth or falsity thereof. Therefore, strict proof thereof is demanded. 53. Denied that Mary Allen Kindler's signature appears on any documents supporting Plaintiff's claim. To the contrary, her signature appears on swing loan documents with CCNB and to purchase 1603 Chatham Road in Camp Hill, Pennsylvania. 2 " ~ . 54 . The Averment contained in paragraph 54 is A conclusion of lAW to which no response is required. 55. The Averment contained in paragraph 55 is A conclusion of law to which no response is required. 56. The averment contained in paragraph 56 is A conclusion of law to which no reeponse is required, WHEREFORE, Robert P. Kindler prays this Court to enter judgment in his favor and against Mary Ellen Kindler. CROSS-CLAIM AGAINST ROBERT P. KINDLER 57. The Averments set forth in all proceeding paragraphs of Robert P. Kindler's pleadings are incorporated herein by reference. 58. It is denied that Mary Ellen Kindler ie entitled to indemnification from Robert P. Kindler for sums she is ultimately found to owe the Plaintiff. 59. Denied that any loans or other financial transactions between Plaintiff and Robert P. Kindler were arranged without the knowledge, consent or participation of Mary Ellen Kindler or without her authorization. By way of further response, Mary Ellen Kindler at all times was aware of the financial transactions, loans, and arrangements and agreements to repay the Plaintiff. 60. Denied that Robert P. Kindler is indebted to Mary Ellen Kindler because of obligations to the Plaintiff in this action, and it is further denied that these obligations were created without the authority or permission of Mary Ellen Kindler. WHEREFORE, Robert P. Kindler hereby demands judgment against Mary Ellen Kindler in an appropriate amount of any debt he is found 3 ~ ~ to owe to the Plaintiff in this action and for any other relief that this court deems just and proper including costs and expenses. Respectfully submitted, M7JN & J~COB~~N ( DATED I September 28. 1994 8150 Derry street Harrisburg, PA 17l11-5 60 (717) 561-l515 1djtape.927 Kindler 4 ~ VERIFICATION I, Robert P. Kindler, do hereby certify that the statements made in the foregoing Response are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn statements to authorities. /1A- ;C: /c~" Robert P. Kindler 5 '. ~ (, CERTIFICATE OF SERVICE I, Leslie David Jacobson, do hereby certify that a copy of the foregoing Response was this day served upon the following person in the manner indicated below: DATED: September 28, 1994 FIRST CLASS MAIL Samuel L. Andes, Esquire Andes, Vaughn & Bangs 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 7 6 ~ . ..". ~n = '-- , <'I '") , - '-' ~ z <( c Ei o ~.a ~lD_..~ .. 0 !2 Oz :: iii ~....I!98.:;; _1/).. Go!> ... . a .. .; ~ ~a:III1'1a:.'::- o . J: :J ~ Z 0 .. OJ e ~ <( Go l!i!!! :::: z II ~ ". a: - X <( .. :=: , . i.'-I.'. '",,1,"1 ~.'MlnAt. 11 SLO!JOlJlr.r~ I'. llJ' "" '. ..... ".' '" " ",/0'" f1" ," ( , GBRTRUDB KINDLER, Plaintiff I IN THB COURT OF CONNON PLBAS OF I CUJlBBRLAJlD COUIITY, PBIDISYLVAIIIA I I I CIVIL ACTION - LAW I I I NO. 96-6690 I I v. ROBBRT P. KINDLER and MARY BLLEN KINDLER, Defendant. ABSHER OF PLAINTIFF GERTRUDB KINDLER TO THE NEW MATTER OF DEFENDANT MARY ELLBN KINDLBR AND NOW, comes Plaintiff, Gertrude Kindler, by her attorney, Markian R. Slobodian, Esquire, and makes the following Answer to the New Matter of Defendant Mary Ellen Kindler: 45. Admitted in part and denied in part. Plaintiff admits that she has, in the past, made gifts of money and other items to her son, Robert P. Kindler. Plaintiff denies any inference that she has, on numerous occasions in the past, engaged in transactions with her son, Robert P. Kindler, which are substantially similar to the transactions which are the subject of the instant litigation. 46. Denied. Plaintiff denies that monies which she extended to Robert P. Kindler and Mary Ellen Kindler and which are the subject of the instant litigation, were gifts to Robert P. Kindler. Plaintiff further denies that such monies were intended to be gifts without condition. 1:~~i. ';I " 47, Denied. Plaintiff denies that there was no agreement or understanding between Robert P. Kindler and herself that monies which she extended or advanced would be repaid. By way of further answer, Plaintiff states that Robert P. Kindler agreed at all times that the monies were to be repaid and that, further, Defendant Mary Ellen Kindler was aware of that agreement and understanding. 48. Denied. Plaintiff denies that Robert P. Kindler has never acted as an agent for Mary Ellen Kindler with regard to financial matters. By way of further answer, Plaintiff states that, during the time that the parties were together in their marriage, Robert P. Kindler generally acted as agent for Mary Ellen Kindler regarding financial matters. 49. Denied. Plaintiff denies that any and all financial arrangements between Robert P. Kindler and herself were kept private by them and not made known to, disclosed to, or discussed with Mary Ellen Kindler by either of them. Plaintiff further specifically denies any inference that the financial transactions which are the subject of the pending Complaint included any gifts. By way of further answer, Plaintiff states that Mary Ellen Kindler was aware of all financinl arrangements regarding the monies which are the subject of the instant litigation. 50. Denied. Plaintiff denies that assets purchased by Robert P. Kindler and Mary Ellen Kindler with money received from Plaintiff were gifts from Robert P. Kindler to Mary Ellen Kindler. By way of further answer, Plaintiff states that the 2 .~"..."..~"'1 funds used by Robert P. Kindler and Mary Ellen Kindler to purchase joint assets were loans from Plaintiff to Robert P. Kindler and Mary Ellen Kindler. 51. Admitted in part and denied in part. Plaintiff admits that she did not tender funds directly to Defendant Mary Ellen Kindler. Plaintiff denies any inference that Defendant Robert P. Kindler did not act as agent for Defendant Mary Ellen Kindler in receiving funds directly from Plaintiff. 52. Admitted. 53. Denied. Plaintiff denies that no documents bearing the signature of Defendant Mary Ellen Kindler support Plaintiff's claims in this litigation. By way of further answer, Plaintiff states that Defendant Mary Ellen Kindler's signature appears on various documents, including, but not necessarily limited to, sale, purchase, and loan documents relating to real estate owned by Defendants Mary Ellen Kindler and Robert P. Kindler. 54. This paragraph states a conclusion of law to which no response is required. To the extent a response may be required, the allegations of this paragraph are denied. 55. This paragraph states a conclusion of law to which no response is required. To the extent a response may be required, the allegations of this paragraph are denied. 56. This paragraph states a conclusion of law to which no response is required. To the extent a response may be required, the allegations of this paragraph are denied. 3 4. WHEREFORE, Plaintiff, Gertrude Kindler, requests that this Court enter jUdgment in her favor and against Defendant Mary Ellen Kindler as set forth in Plaintiff's Complaint. Respectfully submitted, 111AA,f(~ MARKIAH R. SLOBODIAH, BSQUIRE I.D. No. 41075 513 North Second street P.O. Box 12031 Harrisburg, PA l7108-2031 (717) 232-Sl80 Attorney for Plaintiff, Gertrude Kindler Dated I October I"l., 1994 " VERIFICATION Subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities, I hereby certify that I am Gertrude Kindler, the Plaintiff named in the foregoing Answer, and that the facts set forth in the foregoing Answer are true and correct to the best of my information and belief. ,jttAu~ A::'"Lh/ GBRTRUDB KIfiDLBR 5 ( , CERTIPICATE OP SBRVICB I hereby certify that I have, this date, mailed a true and correct copy of the foregoing Answer by United States mail, first-class, postage prepaid, addressed to the following individual(s)l Samuel L. Andes, Esquire ANDES, VAUGHN & BANGS 525 North Twelfth Street Lemoyne, PA 17043 Leslie D. Jacobson, Esquire MIRIN & JACOBSON 8150 Derry Street Harrisburg, PA l7111-5260 /fh ~'f1~ Markian R. Slobodian Datedl October I ~ , 1994 6 PRAECIPE FOR LISTING CASE FOR TRIAL (MuBt be typewritten and submitted in duplicate) TO '1lIE plUllJON)l'ARY OF ClM3EJUAN) COlJNl'Y Please liBt the following case. (Check one) for JURY trial at the next term of civil court. ( X for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption /lUSt be stated in full) (check one) ( X) Civil Action - Law GERTRUDE KINDLER, Appeal from Arbitration (other) (Plaintiff) VB. ROBERT P. KINDLER and MARY ELLEN KINDLER, The trial list will be called o~_ ... February 21, 1995 Trials conmence on M;or....h '0, 11111<; (Defendant) pretrialB will be held on M"r"h 1, 1 11115 (BriefB are due 5 days before pretrials.) vs. (The party liBting thiB caBe for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 2l4.1.) No. 4690 Civil 1994 Indicate the attomey who will try case for the party who files this praecipe: Markian R. Slobodian, Esquire Indicate trial counBel for other parties if known: Leslie D. Jacobson, Esquire and Samuel L. Andes, Esquire This caBe iB ready for trial. /171 ~_k /1..A- Signed: Date. .Ta~... 1.'1, "/'1' , Print Name: Markian R. Slobodian Attomey for: Gertrude Kindler. Plaintiff ~ - :c a.. o '=' ("I') co c-..J ::r. ... -, ;,....,... '" "1 _ ../, ....> ." " . t' _;, " < -' GERTRUDE KINDLER, Plaint! ff #34 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. ROBERT P. KINDLER and MARY ELLEN KINDLER, Defendants CIVIL ACTION - LAW NO. 94-4690 CIVIL TERM fRETRIAL CONFERENCE At a pretrial conference held March 1, 1995. before Edgar B. Bayley. Judge, present for the plaintiff was Markian R. Slobodian, Esquire, and for Defendant Robert P. Kindler, Leslie D. Jacobson, Esquire, and for Defendant Mary Ellen Kindler, Samuel L. Andes. Esquire. This case is set for a nonJury trial in Courtroom No.2 at 8:45 a.m., Thursday, April 27. 1995. , / I \\I~ Edgar B. raaYleY~ Markian R. Slobodian, Esquire For Plaint! ff Leslie D. Jacobson, Esquire For Defendant Robert P. Kindler Samuel L. Andes. Esquire For Defendant Mary Ellen Kindler :prs ~ ~ '3/1/9,(' ~.f, ~ - ~ "" In, N _. <>: ~ .- ~:: ~;~"~~ ~O'.';. ~- ,7"I~ ': -, .~ if " ,.;1. ;;: . .u1u ~""::~ 'l. '. .;> o\..' ~ III 3 c :-. .. < " !: p:j '" 3 = ~ .. cl:: ~ z .. = g :< :-. < ~ ::; ~ :r. ~ >- ~ " III C :- ~ 0 '" = z ;J z 0 z .< II: ~ '" ", 0 c; '" iii ~ 0 .r :r. Z lol " >- Q " 0 " 7- :-. '" < .. ..- . ! , , ') I t E [) . I 1995 ,. --.. ~ GERTRUDE KINDLER, Plaintiff ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-4690 CIVIL TERM vs ROBERT P. KINDLER and MARY ELLEN KINDLER, Defendant PRE-TRIAL MEMORANDUM OF DEFENDANT. MARY ELLEN KINDLER The above-named Defendant, by her counsel, submits the following Pre-Trial Memorandum in accordance with Local Rule 212-4. 1. FACTS. Both Defendants were married at all times --- ""'f- relevant to this action, but separated in July of 1990 and have been estranged and lived separate since that time. The Plaintiff is the mother of Defendant, Robert KinnlAY, and is estranged from the Defendant, Mary Ellen Kindler. At various times prior to the Defendants' separation, the Defendants purchased real estate in Cumberland County which they held in joint names. On several of those occasions, the Plaintiff advanced money to her son, the Defendant, Robert Kindler, which he apparently used to assist in purchasing those properties. Plaintiff claims that Defendant, Mary Ellen Kindler, was aware of those advances and that they were loans which were to be repaid. Defendant, Mary Ellen Kindler, denies knowledge of the advances and denies that there was any promise to repay them. After the Defendants' separation, Plaintiff again loaned her son funds, in December of 1990, which she, again, claims was a loan which both Defendants were to repay. Defendant, Mary Ellen Kindler, denies any knowledge of that transaction and denies any promise or commitment by her to repay that money. After the divorce action was commenced and the Defendants were unable to resolve their financial disputes by agreement, Plaintiff demanded payment of the amounts she claims to be due on account of these various transactions. When the Defendants could . ~....... , ,'" _~,. . ...., ., .-/ _'"'~ '.' ~ '. ....'~ ...,,,,.... Ie.. ~""'_""-'!"'I'."-' ,- " p,..... .. ....., .- ,-' not agree between themselves on the nature of these transactions and whether Defendant, Mary Ellen Kindler, owed anything on account of them, the Plaintiff brought suit. .., 2.., FACTS AS TO DAMAGES. Plaintiff claims she is owed ,..-' " ~J10 plus interest at the rate of 8% per annum on account of the 1990 loan. Defendant, Mary Ellen Kindler, denies liability on either of these claims. 3. ISSUES. The primary issues in the case are as follows: A. Was there any agreement between Plaintiff and Defendant, Mary Ellen Kindler, whereby funds were advanced to Mary Ellen Kindler in exchange for her promise to repay them? B. Was Robert Kindler, as the estranged husband of Mary Ellen Kindler, authorized to incur debts or legal obligations for Mary Ellen Kindler? '. " (, C. Was there ever any firm promise by either Defendant to repay the monies advanced by Plaintiff to Robert Kindler? If there was, was the Defendant, Mary Ellen Kindler, party to or bound by any such commitment? D. May Plaintiff recover her claims against both Defendants, and in particular Mary Ellen Kindler, on a theory of unjust enrichment? 4. LEGAL ISSUES. The primary legal issues are those listed above. An evidentiary issue which will arise is whether the Defendant, Robert Kindler, is competent to testify in support of the Plaintiff's claim, and against the Defendant, Mary Ellen Kindler. Mary Ellen Kindler contends that he is made incompetent to testify by 42 Pa. C.S.A. 5924. Finally, there is the matter of the request by Mary Ellen Kindler for a continuance because discovery in the matter has not been concluded. 5. WITNESSES. At the present time, the Defendant intends to call herself as a witness. Until discovery has been completed, she is not able to determine if there are other witnesses she will call in her case in chief and she, of course, reserves the right to call other witnesses in rebuttal to the Plaintiff's case and to any witnesses called by the Defendant, Robert Kindler. ~ " 6. EXHIBITS. The exhibts which Mary Ellen Kindler will offer are expected to be offered by the Plaintiff as well. Those exhibits include the deeds, settlement sheets, and mortgage records relating to the various properties purchased by the parties, in particular the property purchased in Lower Allen Township by the Defendants in 1990. 7. SETTLEMENT NEGOTIATONS. Defendant, Mary Ellen Kindler, has agreed to settle the case by both Defendants paying to the Plaintiff the sum of $30,000.00 in exchange for the Plaintiff's release or, in the alternative, by depositing funds into a custodial account for the children of the Defendants, who are also the grandchildren of the Plaintiff. ANDES, VAUGHN & BANGS By S~~Qo Attorney for Defendant, Mary Ellen Kindler LAW OFFICES Of MARKIAN R, SLOBODIAN PO lIC.. 120Jl ~1J '40"1., 5f CUN~ StAll' .,AHHIS(WHG PI. 1110620)1 111 11212 ~'!)() z < 5 o ~1:lI :fig 2(/) ~a: ~~ i2 a: < ~ to - II! iii .. l!l Ii ~ ;: iii aG z - - - 8 .. ., " "!:l 0'" 'N .."'Ii "'" . % ~ .. q... CD t::. .. a: !D o a: Z a: .. .. ;; % " . . GERTRUDB KINDLER, Plaintiff v. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PBHHSYLVAHIA I I I CIVIL ACTION - LAW I I I NO. 94-t690 I I ROBBRT P. KINDLER and MARY BLLEN KINDLER, Defendant. PRE-TRIAL MBMORAHDUM OF PLAINTIFF. GBRTRUDB KINDLER Plaintiff Gertrude Kindler, by her counsel, Markian R. Slobodian, Esquire, submits the following Pre-trial Memorandum in accordance with Local Rule 212-4. 1. STATEMENT OF FACTS AS TO LIABILITY. Plaintiff brings this action to recover amounts owed to her by her son Robert P. Kindler and his wife Mary Ellen Kindler pursuant to two (2) loans which she extended to Defendants. On September 15, 1986, Gertrude Kindler lent to Defendants the sum of Sixty Thousand Dollars ($60,000.00) for the purpose of enabling her son and his wife to purchase a home at 1702 Chatham Road, Lower Allen Township, Cumberland County, Pennsylvania. On October 4, 1988, Defendants purchased a second home at 328 Ridge Hill Road, in the Borough of Carlisle, Cumberland County, Pennsylvania for the sum of Ninety-Two Thousand Dollars ($92,000.00). In connection with this purchase, Defendants borrowed from Mrs. Gertrude Kindler an additional sum of approximately Sixty Thousand Dollars ($60,000.00). The second loan was intended by the parties to be a short term bridge loan pending sale of the 1702 Chatham Road property. On December 13, 1988, Defendants sold the l702 Chatham Road property and paid back the amounts owed on the second loan. The initial loan, however, remains outstanding. Although Defendants have made a number of payments with rsgard to this obligation, the payments are now in default and Plaintiff has sued to recover the balance owed. On or about September 19, 1990, Defendants purchased as tenants-by-the-entireties, a home at 1603 Chatham Road, Lower Allen Township, Cumberland County, Pennsylvania, for the sum of Eighty-Five Thousand Dollars ($85,000.00). Defendants financed this purchase through a loan from CCNB Bank. On December 24, 1990, Mrs. Gertrude Kindler loaned Defendants the sum of Eighty- Five Thousand Dollars ($85,000.00). All of the proceeds from this loan were used to payoff the CCNB loan and to satisfy the CCNB mortgage. Defendant, Mary Ellen Kindler, continues to reside at the 1603 Chatham Road property. Defendants have made no payments with regard to this obligation. Plaintiff accordingly brings this action to recover the balance due on this loan. 2 ,_.,-, -...'''~ 2. STATEMENT OF FACTS AS TO DAMAGES. The loan extended on September 15, 1986, has a principal balance of approximately $53,694.03. As of February 28, 1995, the balance owed on this obligation, including interest from February l, 1991, is $71,252.88. Defendants have made no payments to Plaintiff Gertrude Kindler with regard to the December 24, 1990, loan. As of February 28, 1995, the balance owed, including interest calculated at the legal rate from December 24, 1990, is $106,321.62. The CCNB loan which Defendants paid off using the proceeds of the December 1990 loan bore interest at the rate of ten and eight-tenths percent (10.8%) per annum. To the extent Defendants have been unjustly enriched by the payoff of this loan, Plaintiff calculates her damages as of February 28, 1995, at $123,379.79 which includes interest at the CCNB loan rate of ten and eight-tenths (10.8%) per annum from December 24, 1990. 3. ISSUES REGARDING LIABILITY AND DAMAGES. The primary issues in this case are as follows: A. Did Plaintiff Gertrude Kindler lend to Defendants certain funds in exchange for Defendants' promise to repay all monies received? B. Did Defendant Robert Kindler act as agent for his wife, Mary Ellen Kindler, in accepting funds from Plaintiff Gertrude Kindler and agreeing to repay all monies advanced? C. Has Defendant Robert Kindler gifted a portion of the monies advanced by Plaintiff or proceeds thereof to his wife Mary Ellen Kindler. If so, is any 3 such gift a fraudulent transfer as to his creditor, Gertrude Kindler? D. Have Defendants been unjustly enriched by accepting and benefitting from the funds advanced by Plaintiff Gertrude Kindler? 4. SUMMARY OF LEGAL ISSUES. The primary legal issues are set forth in paragraph 3 of this Memorandum. Defendant Mary Ellen Kindler has raised an evidentiary issue regarding the competence of Defendant Robert Kindler to testify in support of Plaintiff 's claim and against the Defendant Mary Ellen Kindler. Defendant Mary Ellen Kindler contends that Defendant Robert Kindler is made incompetent to testify by 42 Pa. C.S.A. S 5924. Plaintiff Gertrude Kindler accordingly raises the issue of whether Defendant Robert Kindler's testimony falls within the exceptions set forth in 42 Pa. C.S.A. S 5924(b)(1) or (2). 5. WITNESSES. At the present time, Plaintiff intends to call herself as a witness. She also intends to call Mr. Steven J. Kindler, Defendant Robert Kindler and John R. Srogoncik, C.P.A., as witnesses. Plaintiff reserves the right to call other witnesses in rebuttal to any witnesses called by Defendant Mary Ellen Kindler. 4 c. purchaser's affidavit dated September 19, 1990. d. Appraisals dated September l2, 1990, and September 14, 1990, from Thomas F. O'Byrne, C.A.S. 6. EXHIBITS. Plaintiff Gertrude Kindler expects to offer the following exhibits: a. Checks numbered 917 and 918 to CCNB Bank from Robert P. Kindler. b. Various deposit tickets relating to Mrs. Gertrude Kindler's account at CCNS Sank. e. Settlement statement dated September 19, 1990. f. CCNB Bank statement dated January 9, 1991, regarding the account of Robert P. Kindler. g. Information search report prepared by Cumberland County Abstract Company and attached deeds dated September 19, 1990, October 4, 1988, and December 13, 1988. h. Settlement statement dated December l3, 1988. i. Settlement statement dated October 4, 1988. j. Copies of Schedules "B" from Plaintiff Gertrude Kindler's federal tax returns for the years 1986 through 1993. k. Copies of Schedules "A" of federal income tax returns filed by Steven J. and Kathleen M. Kindler for tax years 1986 through 1990. L Copies of Schedules "A" of federal income tax returns filed by Robert P. and Mary Ellen Kindler for the calendar years 1987 through 1990. 5 7. SETTLEMENT NEGOTIATIONS. On April ll, 1994, Plaintiff Gertrude Kindler submitted an offer to settle the case for the sum of Sixty Five Thousand Dollars ($65,000.00) with the stipulation that an additional Thirty Thousand Dollars ($30,000.00) from the sale proceeds of the Ridge Hill Road property be placed in a trust account for the college education of the three (3) children of Robert and Mary Ellen Kindler. Defendant Mary Ellen Kindler would further receive the 1603 Chatham Road property free and clear of liens. The balance owed to Plaintiff would be paid by Defendant Robert Kindler. Defendant Robert Kindler concurred in this offer. Defendant Mary Ellen Kindler has counter-offered to settle the case by depositing Sixty Five Thousand Dollars ($65,000.00) from the proceeds of the Carlisle real estate into a trust account for the benefit of Robert and Mary Ellen Kindler's children and remitting the balance of the proceeds (approximately $30,000.00), to Plaintiff. Respectfully submitted, 1f1aA.lI~ MARKIAM R. SLOBODIAN, ESQUIRE I.D. No. 41075 513 North Second Street P.O. Box 12031 Harrisburg, PA 17108-2031 (717) 232-5180 Dated: February 28, 1995 Attorney for Plaintiff, Gertrude Kindler 6 CBRTIFICATB OF SBRVICB I hereby certify that I have, this date, mailed a true and correct copy of the foregoing Answer by telefax to the following individual(s): Samuel L. Andes, Esquire ANOES, VAUGHN & BANGS 525 North Twelfth Street Lemoyne, PA 17043 Leslie D. Jacobson, Esquire MIRIN & JACOBSON 8150 Derry Street Harrisburg, PA 17111-5260 11r~-/t~ Markian R. Slobodian Oated: February 28, 1995 7 ~ ~ 0 I ~ OJ . ~ ~ ~ S~ . ~ '0 ~ 0 ILl ." ~ ''0 ~~ U E-< ~ ~~ I::l ~~I::l e o!~ on .." ILlGJ - ~tIl 1Ll...:l~ ~I:Q ~ >-~ on IE - ~~ > lLlo-l ...:l /@ GJ ~ , old ...:l~ /@HQ - ~ ~ffi' .., /@ . 0 ~ on E-<ILlZ > H:><: . ~ r:: p::~oo H :><:z ~~~ i~. - ::> H'" :><: t:- O E-<\O . ILl onrn uUU-:t ILl ~...:l ~/@1Ll -ii/ <, ~ ...:l E-< ...:l oo~ ~ . -:t tllLl 11Ll/@ U)...:l'" E-<;:jH tl ~~ ~~H >. ~Q:><: Z...:lHO ILl ~ H~UZ 0 . .. lAW OFFICES MIRIN & .IACOIISON KI~II llIiRRY ~"'RmIT IIARRISIIIJRG, PA 17I11.~2"" ,- ,- (7111 ~fd.I~I~ " CJ .. GERTRUDE KINDLER, Plaintiff I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-4690 CIVIL TERM v. ROBERT P. KINDLER and MARY ELLEN KINDLER, Defendants . . . . I PRE-TRIAL MEMORANDUM OF DEFENDANT. ROBBRT P. KINDLBR The above named Defendant, by his counsel, submits the following Pre-Trial Memorandum in accordance with Local Rule 212-4. l. FACTS: This is an action to recover money owed on loans and is ancillary to the pending divorce between the Defendants. (No. 1947 Civil 1992.) On or about September 15, 1986, Plaintiff loaned Defendants the sum of $60,000.00 for the purpose of purchasing l702 Chatham Road, Camp Hill. Defendants agreed to repay their obligation over the course of twenty years with the interest rate at 8% amortized monthly commencing on or about November 1, 1986. On or about December 24, 1990, Defendants borrowed from the Plaintiff an additional sum of approximately $85,000.00 to payoff the existing mortgage on a Ridge Bill property. Defendants made payments to Plaintiff which was to be applied to the loans, leaving an unpaid balance of $118,047.85. Defendant Mary Ellen Kindler has denied an obligation to repay these loans and in the course of her divorce action against her husband, Robert P. Kindler, has claimed that he is solely liable to Plaintiff. 2. DAMAGES: Plaintiff claims damages in the amount of $ll8,047.85 which includes interest at the rate of lO.8% per annum 1 .>,.,_... . from December 24, 1990 through July 31, 1994. 3. ISSUES: The issues in this case are as follows: A. Is Mary Ellen Kindler jointly obligated with Robert Kindler to the Plaintiff as a result of funds advanced by the Plaintiff? B. If the Court finds no express agreement, then is Mary Ellen Kindler liable to the Plaintiff on a theory of unjust enrichment? C. If Defendant Mary Ellen Kindler is not liable to the Plaintiff, is she, in the alternative, liable to Defendant Robert Kindler on his cross-claim against Defendant Mary Ellen Kindler? 4. EVIDENTIARY ISSUES: Defendant Mary Ellen Kindler contends that Defendant Robert Kindler is incompetent to testify by virtue of 42 Pa.C.S.A. 55924. Defendant Mary Ellen Kindler's reliance is misplaced because of the exceptions found in 42 Pa.C.S.A. 55924(b)(1) and/or (2). 5. WITNESSES: At the present time, Defendant Robert Kindler intends to call himself as a witness as well as call Defendant Mary Ellen Kindler, should her attorney not call her as part of his case. Defendant Robert Kindler reserves the right to call other witnesses in rebuttal as may become necessary. 6. EXHIBITS: The exhibits which Robert Kindler will offer are expected to be offered by the Plaintiff as well. Those exhibits include deeds, settlement sheets, mortgage records relating to properties purchased by the parties and joint tax 2 I' - . returns for the time in question. 7. SETTLEMENT NEGOTIATIONS I Defendant, Mary Ellen Kindler, has attempted to coerce Plaintiff and Defendant Robert Kindler to agree to her proposal by withholding her children from pre-planned visitation with the Plaintiff. Plaintiff has requested full payment on the obligations. DATED: March 1, 1995 8150 Derry Street Harrisburg, PA 1711l-526 (717) 561-1515 rkindmem.pt ~. ectfully submitted, N & JACOBSON es ie David Jaco ~ttorney ID' 5267 Attorney for Def n P. Kindler Robert 3 .. . , l- . ' . '" :t 4' 1 ,. ., :-'{~~'~::}~;~~~t~~-;:i~~,~Of: ,'j',' "',(,,,,~"'i\: , ' ! ,"; , , MA.kJAN II" SLOBODIAN' '; '''",'" ,; '" w:~fi~~5]~!~!: \..':"1.: (''':- GERTRUDE KINDLER, Plaintiff I IN THE COURT or COMKON PLEAS or I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I NO. 94-4690 CIVIL TERM I I v. ROBBRT P. KINDLER and MARY ELLEN KINDLER, Defendant. AND NOW, this q ORDER day of ~ 1995, upon consideration of a Settlement Agreement (the "Settlement Agreement") by and between Gertrude Kindler, Robert P. Kindler, and Mary Ellen Kindler, with regard to the issues raised in the above-referenced litigation, and upon finding good cause for approving the Settlement Agreement, IT IS BEREBY ORDERED that the Settlement Agreement is hereby APPROVED, that the terms of the Settlement Agreement are hereby incorporated herein, and that Stephen J. Kindler and Madelyn Volpetti are hereby appointed custodians, under the Pennsylvania Uniform Gifts to Minors Act, for the three (3) minor children, Carolyn M. Kindler, born 3 November 1985, Franz P. Kindler, born 3 November 1985, and Kaitlyn E. Kindler, born 15 August 1988, and to open and manage custodial accounts for the said children in accordance with the said Settlement Agreement. ,I J BY THE COURT: ./ ~,(/ J. v. I IN THE COURT OF COMMON PLEAS or I CUMBEF~D COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I NO. 94-4690 CIVIL TBRM I I GBRTRUDB KINDLBR, Plaintiff ROBBRT P. KINDLER and MARY BLLEN KINDLER, Defendants PETITION FOR APPROVAL OF SETTLEMENT AGREEMENT AND NOW come Plaintiff, Gertruc~ Kindler, by her attorney, Harkian R. Slobodian, Esquire, Defer,dant, Robert P. Kindler, by his attorney, Leslie D. Jacobson, EEquire, and Defendant, Mary Ellen Kindler, by her attorney, Samuel L. Andes, Esquire, and hereby petition the Court to approve a certain Settlement Agreement ("Settlement Agreement") which they have reached in this case. In support of this Petition, the parties state as follows: 1. The parties to this litigation have entered into a Settlement Agreement pursuant to which they have agreed to resolve the disputes which are the subject of the above-captioned litigation. A true and correct copy of the Settlement Agreement is attached to this Petition as Exhibit "A". 2. The Settlement Agreement rnquires, in part, that certain funds he deposited into custudi.al accounts for the benefit of the three (3) children of Defendants Robert and Mary Ellen Kindler and that such accounts be opened by joint custodians. ',.t---,.;" .. '. 3. Court approval of this Set~lement Agreement is necessary to permit a financial inllt ,Lcution to open the joint custodian accounts required by the f..,ttlement Agreement. WHEREFORE, the parties to this litigation request that this Court enter an Order approving the Settlement Agreement. Respectfully submitted, /fh t<.A' 1<~ MARKI1Jf R. SLOBODIAN, Bsg. I.D. !:o. 41075 513 Nc.;~th Second Street P.O. f..)x l2031 Harrieb'Jrg, PA 17108-203l (717) :!32-5l80 (At ney for Ge trude LIE D. JACO I.D. 1\0. 52673 8150 Derry St Harrisburg, PA (717) 56l-l5l5 (Attorney for Robert Kindler) 7 ,_~. nf(r)Q~ 3~ J..D. lill. 17225 525 Nc'rth 12th Street Lemoyco, PA l7043 (717) '161-5361 (Attorney for Mary Ellen Kindler) EXHIBIT "A" " GBRTRUDB KINDLER, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I NO. 94-4690 CIVIL TERM I I v. ROBBRT P. KINDLER and MARY ELLEN KINDLER, Defendant. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made this l3th day of October, 1995, and is by and between: GBRTRUDE KINDLER, an adult individual who resides in Camp Bill, Pennsylvania, hereinafter referred to as "Gertrude"l and ROBERT P. KINDLER, an adult individual who resides in Camp Hill, Pennsylvania, hereinafter referred to as "Robert"l and MARY ELLEN KINDLER, an adult individual who resides in Camp Bill, Pennsylvania, hereinafter referred to as "Mary Ellen." WITNESSETH I WHEREAS, Gertrude is Robert's mother and Robert and Mary Ellen are husband and wifel and WHEREAS, Gertrude is the Plaintiff and Robert and Mary Ellen are the Defendants in an action filed to No. 94-4690 currently pending before the Court of Common P:eas of Cumberland County, Pennsylvania, in which Gertrude seeks to recover from Robert and Mary Ellen sums in excess of $150,000.00 on account of loans Gertrude claims to have made to Robert and Mary Ellenl and WHBREAS, Robert and Mary Ellen sold real estate they owned in Cumberland County, Pennsylvania, in 1994 and the net cash proceeds of the sale of that property, in the approximate amount of $95,200.00, are currently held in escrow by the attorneys representing Robert and Mary Ellen (which account is hereinafter referred to as the "Escrow Account")~ and WHEREAS, the parties have reached agreement to resolve the disputes among them, specifically including all claims raised in the action filed by Gertrude described above, and for the disposition of the funds held in the Escrow Account, and wish to have their agreement reduced to writing. HOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter set forth, the parties hereto, intending to be legally bound and to legally bind their heirs, successors, and assigns, do hereby covenant, promise, and agree as follows: 1. The parties shall cause the entire balance of the Escrow Account to be withdrawn and paid to Gertrude Kindler. Gertrude Kindler shall, in turn, immediately issue three (3) checks in the amount of $10,000.00 each, payable to Stephen J. Kindler and Madelyn Volpetti as custodians for Carolyn M. Kindler, born 3 November 1985, Franz P. Kindler, born 3 November 1985, and Kaitlyn E. Kindler, born 15 August 1988, who are the three (3) children of Robert and Mary Ellen. Said checks will be tendered to the said custodians, Gertrude's son, Stephen J. Kindler, currently residing at 1775 South Meadow Drive, 2 1dIi1'! Mechanicsburg, Pennsylvania, and to Mary Ellen's sister, Madelyn Volpetti, currently residing at R.D. *4, Box 233, Dallas, PA, Custodians, pursuant to the provisions of the Pennsylvania Uniform Gifts to Minors Act to be held by said Custodians, pursuant to the provisions of that Act, as the property of and for the benefit for the said three (3) children. The Custodians shall deposit said funds in three (3) separate custodial accounts, one for each child. The signature of both Custodians shall be necessary to withdraw funds from the custodial accounts. Said funds are specifically intended to be used for the college or other higher education of the three (3) children, but shall belong to the said children and shall be paid to them if the funds are not expended for college education by each child's 22nd birthday or shall be paid to their personal representative if they die before reaching their 22nd birthday and the funds have not previously been expended. 2. The balance of the funds in the Escrow Account shall be the sole property of Gertrude. 3. Gertrude does hereby release and waive any further claims against Mary Ellen as a result of any loans, gifts, or other advances of cash or other items made by Gertrude to Mary Ellen or Robert at any time prior to the date of this Agreement, specifically including all claims raised in the action filed to No. 94-4690 described above or any and all other claims whatsoever she may have or has ever had against Mary Ellen. Mary Ellen does hereby release and waive any claims against Gertrude, 3 j any and all claims whatsoever which she may have or has ever had against Gertrude. As further evidence of such release, Gertrude and Mary Ellen have, contemporaneously with the execution and delivery of this Agreement, executed and delivered a Mutual Release in the form attached hereto as Exhibit "A". The Release shall be deemed effective as of the date this Agreement is approved by the Court of Common Pleas of Cumberland County, Pennsylvania. 4. Such Release, however, shall not affect in any way, Gertrude's remaining claims against Robert for repayment of such sums, which Robert hereby expressly acknowledges are due and owing by him. 5. This Agreement shall be adopted by the Court of Common Pleas of Cumberland County, Pennsylvania, as the final resolution of all claims raised in the litigation pending between these parties, and the said Court shall enter an order approving the creation of the custodial accounts as provided for herein. 6. Gertrude shall, within ten (10) days of receipt of funds pursuant to the terms of this Agreement, cause the action filed by her against Robert and Mary Ellen to No. 94-4690 before the Court of Common Pleas of Cumberland County to be marked settled and discontinued. 7. This Agreement shall be executed contemporaneously with a Property Settlement Agreement between Robert and Mary Ellen. Both agreements shall become effective upon approval of this Agreement by the Court of Common Pleas of Cumberland County, 4 (" Pennsylvania. The execution of this Agreement is intended to resolve any and all disputes, claims, or other issues between Gertrude and Mary Ellen. This Agreement shall be interpreted, applied and enforced by the law and courts of the Commonwealth of Pennsylvania. IN WI~NESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~ 1_cth.t1/lA...a-1"I\....... itD... .kl'i IrI J;(;;!ftt/ GER~RUDE KINDLER (SEAL) WitD... IV! 111, ROBER~ P. KINDLER (SEAL) WitD... ~0-0,eL.oJ J{~~( ) fWiY ILLEN KI.ffitiR' (SEAL) 5 . " , :'~ ::': ~ ;..f ., , ., ,J ') '. ,J j Ii, "- ~ "" - -. " i