C.A. No. 2022-0667-DH
Del. Ch.Jul 8, 2025Background
- Plaintiff Larry Stercula and Defendant Violet Wengert were in a long-term relationship and jointly purchased property in Delaware in 2006 as joint tenants with right of survivorship.
- Stercula alleges that during his incarceration, Wengert fraudulently obtained sole title to the property via a 2016 deed allegedly containing his forged signature.
- The disputed property was later sold by Wengert to Defendant Jay K. Wilson in 2019; Stercula claims he only learned of both the 2016 and 2019 deeds after the sale.
- Defendants include Wengert, her daughter Beth Anne Roberts (now deceased), Roberts's companion Bruce Heimbach, and Wilson (as purchaser).
- Defendants moved for summary judgment, arguing no genuine factual disputes exist and that the notarial presumption should control or that Wilson is a bona fide purchaser.
- The central factual dispute is whether Stercula's signature on the 2016 deed was genuine or forged; both lay and expert testimony is sharply divided.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of 2016 Deed (alleged forgery) | Signature was forged; deed is invalid | Signature is genuine; deed notarized, presumed valid | Factual dispute; summary judgment denied; issue for trial |
| Weight of Notarial Presumption vs. Conflicting Evidence | Evidence rebuts presumption; triable issue | Presumption controls when experts/fact-witnesses conflict | Notarial presumption does not override material factual dispute |
| Credibility of Lay and Expert Witnesses | Jury must weigh credibility; supports trial | Witnesses "cancel out"; summary judgment required | Credibility determinations inappropriate for summary judgment |
| Wilson’s Status as Bona Fide Purchaser | Conveyance to Wilson invalid if deed forged | Wilson took without notice; entitled to summary judgment | Ruling deferred; must resolve deed validity at trial |
Key Cases Cited
- Telxon Corp. v. Meyerson, 802 A.2d 257 (Del. 2002) (summary judgment only appropriate where no genuine issue of material fact exists)
- Cerberus Int’l, Ltd. v. Apollo Mgmt., L.P., 794 A.2d 1141 (Del. 2002) (if credibility determinations are needed, summary judgment denied)
- Merrill v. Crothall-Am., Inc., 606 A.2d 96 (Del. 1992) (court views evidence in light most favorable to non-moving party)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (fact is material if it may affect the case outcome)