In Re Estate of Snyder
13 A.3d 509
Pa. Super. Ct.2011Background
- Decedent Nancy D. Snyder died intestate on June 11, 2008, owning real property in Chester County, PA.
- Appellant Robert K. Kalmbach had two sealed bond and warrant instruments (1987) securing $20,000 and $6,000 respectively, with separate mortgages on the property.
- Mortgages were recorded (1987 and 1992) and the underlying bonds proposed payment; no payments or enforcement actions were taken for over 20 years prior to 2010.
- Appellant filed a claim against the estate on February 11, 2010 seeking recovery on the two bonds/mortgages.
- Trial court held the claims time-barred under 42 Pa.C.S.A. § 5529(b)(1) (20-year period for instruments under seal); the claims were thus barred.
- Appellant challenged the trial court’s application of the Dead Man’s Rule to bar his testimony and sought tolling evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 5529(b)(1) applies to the two sealed mortgages securing the bonds. | Kalmbach argues § 5529(b)(1) does not apply to sealed mortgages. | Snyder estate asserts the 20-year limit applies to sealed instruments including mortgages. | Yes; § 5529(b)(1) applies and bars recovery. |
| Whether the Dead Man's Rule prevented Kalmbach from testifying to tolling and payment evidence. | Kalmbach claims tolling evidence via decedent’s payments and acknowledgments should be admissible. | Estate argues Dead Man's Rule disqualifies Kalmbach from testifying about pre-death transactions. | Yes; Dead Man's Rule properly precluded Kalmbach's testimony. |
Key Cases Cited
- Morgan Guar. Trust Co. of New York v. Mowl, 705 A.2d 923 (Pa. Super. 1998) (discharge rule: payment of either mortgage or underlying bond discharges the other)
- Price v. Geller, 292 Pa. Super. 455, 437 A.2d 763 (Pa. Super. 1981) (predecessor rule on discharge between mortgage and bond)
- Fleming v. Parry, 24 Pa. 47 (Pa. 1844) (early authority on mortgage/bond interrelation)
- Northeast Alumni Bldg. and Loan Ass'n v. Schreiber, 398 Pa. 425, 158 A.2d 773 (Pa. 1960) (strong 20-year presumption of payment for unclaimed debts)
- Zigmantanis v. Zigmantanis, 797 A.2d 990 (Pa. Super. 2002) (Dead Man's Rule applicability to adverse interest testifying)
- Punxsutawney Municipal Airport Authority v. Lellock, 745 A.2d 666 (Pa. Super. 2000) ( Dead Man's Rule rationale; testimony restrictions)
- Kopytin v. Aschinger, 947 A.2d 739 (Pa. Super. 2008) (evidentiary standard for Dead Man's Rule rulings)
- Vanderhoff v. Harleysville Ins. Co., 997 A.2d 328 (Pa. 2010) (standard of appellate review for declaratory judgments)