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PERCHOMENKO v. KLIMASHEVSKY (07/27/67)

decided: July 27, 1967.

PERCHOMENKO, APPELLANT,
v.
KLIMASHEVSKY



Appeal from decree of Court of Common Pleas of Delaware County, No. 1198 of 1965, in case of Alexandra Perchomenko v. Gregory Klimashevsky, also known as Gregory Klemm.

COUNSEL

Joseph Matusow, with him Irving Marks, for appellant.

Arthur Levy, with him Stanley R. Kotzen, Ivan Michaelson Czap, and McClenachan, Blumberg & Levy, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice O'Brien.

Author: O'brien

[ 426 Pa. Page 261]

Appellant, Alexandra Perchomenko, filed a complaint in equity against appellee, Gregory Klimashevsky, also known as Gregory Klemm, seeking $7,000 plus interest, or the execution of a judgment note by appellee for said sum, or in the alternative, praying that the real estate at 615 Penfield Avenue, Havertown, Haverford Township, Delaware County, Pennsylvania, be impressed with a resulting trust in appellant's favor.

[ 426 Pa. Page 262]

The case was heard by the chancellor on July 7 and July 13 of 1965, and his adjudication and decree nisi dated December 23, 1965, dismissed appellant's complaint. Appellant's exceptions were dismissed and the decree nisi made final; this appeal followed.

The chancellor found that the appellant is the paternal grandmother of the appellee; that appellant, now remarried, (appellant's first husband died) for some years prior to July 12, 1962, had maintained a bank account in the Provident Trust Company of Philadelphia, in her name and the name of her son, Philip Klimashevsky, appellee's father; that the proceeds of this account were derived from real estate owned by appellant and taken by the Commonwealth in condemnation proceedings. On July 12, 1962, appellant closed her account at Provident Trust Company and transferred her funds to the Camden Trust Company, in an account titled in her name only, as her son, Philip Klimashevsky, had failed in business and had judgments against him. On February 7, 1963, appellant added the name of her granddaughter, Diana (Philip Klimashevsky's daughter), to her account.

The court found that appellant was concerned because of the depressed area in which her son, Philip, and his family were living, and indicated that their general welfare would be improved by the purchase of another home in a better neighborhood, and indicated a willingness to give $7,000 for this purpose. However, because of the judgments against her son, appellant suggested that the property be titled in the name of appellee, her grandson. The chancellor found that $7,000 was taken from her account and transferred to the appellee and expended in the following manner: "The $7,000.00 transferred by plaintiff to defendant was expended as follows: $1,700.00 was applied on February 14, 1964, as an additional deposit for the purchase of premises, 615 Penfield Avenue, Havertown,

[ 426 Pa. Page 263]

Delaware County, Pennsylvania; $3,488.66 was applied to the purchase of 615 Penfield Avenue, including settlement charges, on April 7, 1964; $348.62 was paid to Philip Klimashevsky on March 10, 1964; $250.00 was paid to Philip Klimashevsky on April 3, 1964; and $1,112.72 was expended for the purchase and acquisition of furnishings or wallpaper upon premises 615 Penfield Avenue. (A balance of $100.00 is not accounted for by the evidence.) The money paid to Philip Klimashevsky was for the discharge of his personal debts."

Settlement was conducted for the purchase of 615 Penfield Avenue in April of 1964, at which time the property was ...


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