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Lottery lawsuit

Neighbors in legal dispute over winnings

Neighbors in legal dispute over winnings

February 10, 2007|by ERIN JULIUS

HAGERSTOWN - A dispute between two Fairplay men over who paid for a winning $1 million lottery ticket was heard Friday in Washington County Circuit Court.

Fred Cade and Brian Kendle have been friends and neighbors for years, but a quarrel over who paid for the ticket in December 2006 is heading to trial.

Washington County Circuit Judge W. Kennedy Boone granted a preliminary injunction Friday against Kendle and his wife, Mary Lee, regarding the money.

Mary Lee Kendle testified that Maryland Lottery officials paid out $672,500 for the winning ticket. After making payments on a vehicle, the couple has about $660,000 left, she said.

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Boone granted the injunction against the Kendles, preventing them from spending $500,000 of the remaining $660,000, effective immediately.

The injunction will remain until the case is resolved.

The Kendles cannot use the $500,000, but it may sit in their bank account, Boone said.

Boone said issuing the order was a "close call."

During closing arguments at the injunction hearing, Cade's attorney, Scott Hartinger, argued that Cade paid Kendle $20 to purchase a "Countdown to Millions" lottery ticket on Dec. 15, 2006, from McNamee's Tavern in Fairplay.

Brian Kendle said the $20 was his.

He also purchased Yuengling beer, Black and Tan beer and Yuengling Lite beer at the same time, Brian Kendle said.

He normally does not purchase lottery tickets, but he liked the favorable odds in the "Countdown to Millions" game, Brian Kendle said. He paid for both the beer and the lottery ticket with $40 cash from his wallet, Kendle said.

The winning numbers were announced Jan. 1.

Edward Kuczynski, attorney for Brian Kendle, emphasized in his closing arguments that Cade repeatedly told people that his neighbor won the lottery, not that Cade himself won the lottery.

Mary Lee Kendle testified that her children were friends with Fred Cade's children, and that she considered Cade her friend.

That friendship changed Jan. 6, when she and her husband found out that Fred Cade was telling people that half of the lottery winnings were his, she said.

Fred Cade and the Kendles also are disputing whether Fred Cade wrote and signed a letter on Jan. 6 apologizing for his remarks about receiving half of the lottery winnings.

Mary Lee Kendle testified that Cade had done electrical work and installed a fence for the Kendles, and that the couple had trusted him to do the work. She also testified that the Kendles made no agreement to split the winnings with Cade.

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