Lesbian financial dispute settled 

A protracted financial dispute between two women who were domestic partners for many years has been settled.

Notice of the settlement was filed Nov. 1 by Marcia M. Waldron, clerk of the Third Circuit Court of Appeals.

Susan Simmons claimed that Gretchen Winterbottom owed her about $350,000 stemming from financial obligations incurred during their former domestic partnership. Winterbottom denied that she owed Simmons any money. Instead, she claimed Simmons owed her money from the sale of a condo the women jointly owned in Old City.

Simmons’ federal complaint against Winterbottom was filed in May 2015. Simmons alleged breach of contract, unjust enrichment and related claims against Winterbottom.

The women were in a relationship for about 18 years and purchased a condo in December 2002 for $829,000. In June 2015, the women’s condo was sold. Net proceeds from the condo sale totaled $526,691.30.

Simmons contended she made a down payment of $554,696.96 for the condo from her own funds. She claimed she should receive all proceeds from the condo sale held in escrow, $526,691.30.

Additionally, Simmons claimed Winterbottom owed her about $350,000, due to a business loan Simmons allegedly made to Winterbottom that wasn’t repaid, along with other obligations incurred by Winterbottom.

For her part, Winterbottom claimed she should receive from the condo sale about $159,555 plus interest. Additionally, Winterbottom claimed she doesn’t owe any money to Simmons. Moreover, Winterbottom claimed Simmons should pay Winterbottom’s legal fees due to the litigation.

A two-day bench trial was held before U.S. District Judge Wendy Beetlestone on May 23-24. 

On May 24, Beetlestone ruled that Winterbottom didn’t owe Simmons any money. Regarding the $526,691.30 currently held in escrow from the condo sale, Beetlestone ruled that $316,014.78 should go to Simmons and $210,676.52 should go to Winterbottom.

Beetlestone also ruled that any accrued interest from the condo sale should be split 60-40, with 60 percent for Simmons and 40 percent for Winterbottom.

Beetlestone didn’t award any legal fees to either party.

Simmons appealed Beetlestone’s ruling in the Third Circuit Court of Appeals, where a notice of the settlement was filed Nov. 1.

Terms of the settlement weren’t publicly released, and neither side had a comment for this story.

In a prior statement, Tiffany Palmer, an attorney for Winterbottom, called Beetlestone’s ruling “fair and well-reasoned and based in the law and the facts of the case.”

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