HORNYAK v. SELL


427 Pa.Super. 356 (1993)

629 A.2d 138

John A. HORNYAK and Frances M. Hornyak, His Wife, Appellees, v. Harry W. SELL, Jr., Appellant, v. Debra Ann SELL, Appellee.

Superior Court of Pennsylvania.

Filed August 2, 1993.


Attorney(s) appearing for the Case

Thomas M. Castello, Pittsburgh, for appellant.

Nancy J. Norkus, Pittsburgh, for Hornyak, appellees.

Before OLSZEWSKI, HOFFMAN and BROSKY, JJ.


OLSZEWSKI, Judge.

This is an appeal from a $5,000 judgment entered against appellant, Harry Sell, Jr. ["Harry"], in favor of John and Frances Hornyak [the "Hornyaks"]. Judgment was entered after the Honorable David R. Cashman found that Harry was obligated to repay a loan. Harry, the Hornyaks' son-in-law, argues that the Hornyaks failed to establish clear and convincing evidence to rebut the presumption that the money was given to him as a gift. We affirm.

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