HomeMy WebLinkAbout03-1602IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
JOHN HANCOCK LIFE INSURANCE CO.:
John Hancock Place :
P.O. Box 111 :
Boston, MA 02117 :
V. ~
RALPH W. WALTERS :
7073 Carlisle Pike Lot 124 :
Carlisle, PA 17013 :
CASE NO.: o .5-/d,o ..~ ~ '7"'.,-..~
PRAECIPE TO ENTER AND ENFORCE JUDGMENT
Plaintiff, John Hancock Life Insurance Company, a/k/a John Hancock Financial Services,
Inc., brings this action against Ralph W. Walters to enter and enforce a judgment for $25,712.86
rendered against Ralph W. Walters by the Circuit Court of the State of Florida, Fifth Judicial
Circuit, Citrus County. A certified copy of the judgment and Order is attached as Exhibit "A".
A certified copy of the docket entries before the Circuit Court in the State of Florida is attached
as Exhibit "B".
PARTIES
1. Plaintiff, John Hancock Life Insurance Company, a/k/a John Hancock Financial
Services, Inc. is a Massachusetts Corporation with its principal Place of business located in
Boston, Massachusetts.
2. On information and belief, defendant Ralph W. Walters, is an individual who
resides at 7073 Carlisle Pike, Lot 1241, Carlisle, Pennsylvania, in Cumberland County.
JURISDICTION AND VENUE
3. This court has jurisdiction and power to give the judgment entered by the Circuit
Court of State of Florida, Fifth Judicial District, Citrus County, against the defendant on August
:240753-1
6, 2002, full faith and credit as if it were a judgment entered by a court in this Commonwealth.
42 PA. STAT. ANN. TIT. {}4307 (West 1981).
4. Venue is proper in this court since the judgment debtor resides in this county and
may be properly served here. Pa. R.C.P. 1006(a).
FACTUAL ALLEGATIONS
5. John Hancock obtained a final judgment against Ralph W. Walters in the case
captioned John Hancock Life Insurance Company v. Walters, No. 2001, CA 001462 (Fla. Citrus
Cty. Cir. CT. August 6, 2002). A copy of the final judgment is attached hereto as Exhibit "A".
6. W. Edward Field represented John Hancock Life Insurance Company in the
aforesaid Florida litigation. See affidavit of W. Edward Field attached hereto as Exhibit "C".
7. John Hancock Life Insurance Company has not received satisfaction of the
judgment.
WHEREFORE, plaintiff seeks to enforce the judgment entered against Ralph W. Walters
by the Circuit Court of the State of Florida for money owed the plaintiff. Plaintiff also seeks
reimbursement for costs associated with enforcing this judgment.
Respectfully submitted,
GERMAN~HE~AGH
Identification No. 44675
The Bellevue - Suite 500
200 S. Broad Street
Philadelphia, PA 19102
(215) 545-7700
Attorney for Plaintiff,
John Hancock Life Insurance Company
:240753-1
CIRCUIT COURT OF THE STATE OF FLORIDA
FIFTH JUDICIAL CIRCUIT
CITRUS COUNTY
JOHN HANCOCK LIFE INSURANCE
COMPANY,
Plaintiff,
Vo
Case No. 2001 CA 1462
1274293 3 PGS
OFFICIRL RECORDS
CITRUS COUNTY
BETTY STRIFLER
CLERK OF THE CIRCUIT COURT
RECORDING FEE: $0.00
# 1274293 BK:1525 PG:SeO-502
eS/eT/Zee2 08:35 A~ 3 PGs
T-KZRBY,DC ReceJp[ #ee356e
RALPH W. WALTERS,
Defendant.
/
FINAL JUDGMENT
~ THIS CAUSE came on for consideration on the Motion for Entry of Final Judgment to
';::Refit Settlement Agreement filed by trial counsel for the Plaintiff, JOHN HANCOCK LIFE
INSURANCE COMPANY, located at Post Office Box 111, Boston, Massachusetts 02117 and the
Defendant, RALPH W. WALTERS, with social security number 200-24-1697 and located at 7073
Carlisle Pike Lot 124, Carlisle, Pennsylvania 17013 and, the Court having reviewed the Motion and
the proposed Final Judgment and otherwise being fully advised, it is
ORDERED, ADJUDGED, and DECREED that the Motion for Entry of Final Judgment to
Reflect Settlement Agreement be, and is hereby, GRANTED, and it is further
ORDERED, ADJUDGED, and DECREED that this Court shall, and it does hereby,
assmme jurisdiction over the subject matter of this action and over the parties to this action, and it
is further
Ce~lied ~ ~ a T~ ~
ORDERED, ADJUDGED, and DECREED that the Mediation Settlement Agreement entered
into between the parties on January 10, 2002 completely settles the dispute and all claims between
the. parties related to this litigation, and it is further
ORDERED, ADJUDGED, and DECREED that Ralph W. Walters has paid Plaintiff the sum
of $12,500.00 in compliance with the Mediation Settlement Agreement; and it is further
ORDERED, ADJUDGED, and DECREED that the Plaintiff has kept that certain ADR
Resolution between the parties in the amount of $1,787.14 in compliance with the Mediation
Settlement Agreement; and it is further
ORDERED, ADJUDGED, and DECREED that John Hancock shall be awarded the amount
of $25,712.86 which shall be paid out of a lien against that certain asbestos claim that Mr. Walters
has and is being represented by the Peter Angelos Law Firm and/or Mr. Pollard based in Baltimore,
Maryland. The lien is to be paid 75% to John Hancock Life Insurance Co. of any dollars collected
either through settlement, judgment, or other method; the balance shall be payable to Mr. Walters;
and it is further
ORDERED, ADJUDGED, and DECREED that Mr. Walters shall cooperate and have Mr.
Pollard and/or any other attorney representing Mr. Walters, cooperate to effectuate the lien; and it
is further
ORDERED, ADJUDGED, and DECREED that should 75% of the net proceeds from the
asbestos claim be less than $25,712.86, John Hancock shall not be entitled to any further monies;
and it is further
ORDERED, ADJUDGED, and DECREED that both parties are to bear their own fees, costs,
and expenses; and it is further
ORDERED, ADJUDGED, and DECREED that all other claims and counterclaims, except
as provided herein, are denied; and it is further
ORDERED, ADJUDGED, and DECREED that the Court shall retain jurisdiction over the
parties and subject matter hereof for the purpose o£enforcing compliance with the terms of this Final
Judgment.
Accordingly, it is ORDERED, ADJUDGED, AND DECREED that this Final Judgment
is hereby entered and that the parties shall comply with its terms.
DONE AND ORDERED in Inverness, Florida this 5
Copies to:
Charles Wachter
Fowler White Boggs Banker P.A.
Post Office Box 11438
Tampa FL 33601-1438
Kenneth S. Stepp
305 North Apopka Avenue
Inverness FL 34450-4201
wea\Walters\Pleadings\Final Judgment amended july 2002.doc
day of August, 2002.
PAJ~I:UCIA THOMAS, CIRCUIT JUDGE
by regular U.S. Mail this ~ q'~ day of
Betty St~ler, Clerk of the Circ. l,lit Court
8y ~~': ~.,.~ D.C.
IN THE CIRCUIT COURT OF TFrE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
2001-CA-1462
CASE NO:
EXEMPLIFICATION CERTIFICATE
I, BETTY STRIFLER, Cle~ of the Circuit Court, in ~d ~r Citrus County, Florida, do hereby certify
that the ~regoing is a tree and co~ect copy of the original * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
· ****************************** JUDGMENT AGAINST DEFENDANTS********
on file and of record in my office in the above entitled case. That the same constitutes a full and complete
exemplification of the said document in the said cause, and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this13 th day of
SEPTEMBER
I, PATRIClA THOMAS ,
certify that BETTY STRIFLER, is the Clerk of the Circuit Court in the aforesaid county, and said records of
Citrus County, Florida.
Circ~i~Yu~ge~n a~nd foUr. da, do hereby
IN TESTIMONY WHEREOF, I hereunto subscribe my name at the City of Inverness, State of Florida,
County of Citrus, this 13th dayof SE?TEMBF. R ,,, 2002 ·
FIFTH JUDICIAL CIRCUIT
STATE OF FLORIDA:
COUNTY OF CITRUS:
I, BETTY STRIFLER, Clerk of the Circuit Court, in and for said county, hereby certify that the above
attestation of PATRICIA THOMAS , Judge of said Court, is his/her genuine signature, and
that he/she is Judge of said Court, and said certificate is in due form of law.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 13
SEPTEMBER 2002
C:WIARCIAWORMS.DOC
th day of
Exhibit B
Da~.e: 10/2~1/2002 15:34:02 Docket Sheet
~RT, R5'9 ~ 5 Summary
Page: 1
Case Number
2001 CA 001462
Status
Closed
Judge
Thomas, Patricia
In The Matter Of
JOHN HANCOCK LIFE INSURANCE COMPANY vs. WALTERS, RALPH W
Party
JOHN HANCOCK LIFE INSURANCE COMPANY PLNTF
Attorneys
WACHTER, CHARLES
Action
Other Circuit
Civil
WALTERS, RALPH W
DFNDT
Opened Disposed Case Type
05/04/2001 Disposed by Judge Circuit Civil
Comments:
No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due
Journal Book-Page-Nbr Ref Nbr Amount Dismissed
1 05/04/01 Circuit Civil Filing Fee Receipt: 119496 169.50 0.00
Date: 05/04/2001
05/04/01 COMPLAINT
1
05/04/01 CIVIL COVER SHEET
2
05/04/01 MOTION FOR TEMPORARY INJUNCTION
3
05/04/01 AFFIDAVIT OF WILLIAM A GOTTLIEB IN SUPPORT
OF PLAINTIFFS JOHN HANCOCK LIFE INSURANCE
COMPANYS MOTION FOR TEMPORARY
INJUNCTION/ATTACH
4
05/04/01 PLAINTIFFS MOTION FOR ENTRY OF ORDER
EXPEDITIONG REQUESTED DISCOVERY
5
05/14/01 NOTICE OF SERVICE OF SUBPOENA/ATTACH
6
05/14/01 NOTICE OF HEARING
05/14/01 Court Event Set
Event: Hearing
Date: 06/11/2001
Judge: Thomas, Patricia
Time: 10:00 am
Location:
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
10 05/23/01 ANSWER DEFENSES AND AFFIRMATIVE DEFENSE OF
DEFENDANT ANSWER
8
11 05/23/01 AFFIDAVIT CONCERNING JURISDICTION(COPY)
9
12 05/25/01 RETURN OF SERVICE-UNSERVED(MICHAEL W JONES)
10
0.00
Certified to be a True Copy
0.00
Date: 10/2.1/2002
~RTR5925
15:34:02 Docket Sheet Page: 2
Summary
2001 ,CA 001462 JOHN HANCOCK LIFE INSURANCE COMPANY vs. WALTERS, RALPH W
No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due
Journal Book-Page-Nbr Ref Nbr Amount Dismissed
13
14
15
16
17
06/01/01 DEFENDANTS NOTICE OF TAKING DEPOSITION
11
06/11/01 ORDER EXPEDITING REQUESTED DISCOVERY 12
06/21/01 PLAINTIFFS MOTION FOR LEAVE TO AMEND THE
COMPLAINT/FIRST AMENDED COMPLAINT
13
06/21/01 PLAINTIFFS NOTICE OF HEARING 6/28/01
14
06/21/01 Court Event Set
Event: Hearing
Date: 06/28/2001 Time: 11:00 am
Judge: Thomas, Patricia Location:
0.00
0.00
0.00
0.00
0.00
18 06/27/01 ORDER DENYING TEMPORARY INJUNCTION
15
19 06/28/01 PLAINTIFFS NOTICE OF TAKING DEPOSITION
16
20 06/28/01 ORDER GRANTING MOTION FOR LEAVE TO AMEND
COMPLAINT
17
21 06/29/01 AFFIDAVIT OF LOST ORIGINAL/RETURN OF
SERVICE UNSERVED (RALPH WALTERS)
18
22 07/09/01 ANSWER DEFENSES AND AFFIRMATIVE DEFENSE
OF DEFENDANT TO FIRST AMENDED COMPLAINT
AND COUNTERCLAIM ANSWER
19
23 07/09/01 NOTICE OF COMPLIANCE WITH EXPEDITED
DISCOVERY
20
24 07/09/01 REQUEST TO PRODUCE
21
25 07/09/01 NOTICE OF SERVING INTERROGATORIES
22
26 07/11/01 PLAINTIFFS FIRST REQUEST FOR ADMISSIONS TO
DEFENDANT RALPH W WALTERS/EXHIBITS
23
27 07/27/01 PLAINTIFFS ANSWER AND AFFIRMATIVE
DEFENSES TO DEFENDANTS COUNERCLAIM
24
28 08/13/01 PLAINTIFFS RESPONSE AND OBJECTIONS TO
DEFENDANTS REQUEST TO PRODUCE
25
29 08/13/01 NOTICE OF SERVING PLAINTIFFS RESPONSE AND
OBJECTIONS TO DEFENDANTS INTERROGATORIES
26
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Date: 10/21/2002
~RTR5925
2001,CA 001462
15:34:02 Docket Sheet Page: 3
Summary
JOHN HANCOCK LIFE INSURANCE COMPANY vs. WALTERS, RALPH W
No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due
Journal Book-Page-Nbr Ref Nbr Amount Dismissed
30
31
32
08/13/01 PLAINTIFFS NOTICE FOR JURY TRIAL (COPY
SENT TO JUDGE 8/13/01
27
08/20/01 ORDER SETTING CAUSE FOR CASE
MANAGEMENT/ATTACH
28
08/20/01 Court Event Set
Event: CASE MGMT/STATUS CONFERENCE
Date: 10/02/2001 Time: 4:00 pm
Judge: Thomas, Patricia Location:
0.00
0.00
0.00
33 09/12/'01 RESPONSE TO PLAINTIFFS ANSWER AND
AFFIRMATIVE DEFENSES TO DEFENDANTS
COUNTERCLAIM
29
34 09/14/01 PLAINTIFFS MOTION FOR LEAVE AMEND THE
PLEADINGS TO ADD A CLAIM FOR SET
OFF/EXHIBITS
30
35 09/24/01 PLAINTIFFS NOTICE OF HEARING 10/2/01
31
36 09/25/01 DEFENDANT AND COUNTERPLAINTIFFS NOTICE OF
HEARING 10/2/01
32
37 09/25/01 Court Event Set
Event: Hearing
Date: 10/02/2001 Time: 4:00 pm
Judge: Thomas, Patricia Location:
0.00
0.00
0.00
0.00
0.00
38
39
40
09/26/01 DEFENDANTS MOTION FOR LEAVE TO AMEND THE
PLEADINGS TO ADD A COUNTERCLAIM FOR
PREVIOUS POLICY/EXHIBITS
33
10/05/01 ORDER SETTING CASE FOR MEDIATION
CONFERENCE DISCOVERY CUT OFF DATE PRETRIAL
CONFERENCE AND TRIAL
34
10/05/01 Court Event Set
Event: Pre Trial Conference
Date: 01/23/2002 Time: 9:00 am
Judge: Thomas, Patricia Location:
0.00
0.00
0.00
41
10/05/01 Court Event Set
Event: TRIAL
Date: 02/04/2002 Time: 8:30 am
Judge: Thomas, Patricia Location:
0.00
42
43
10/09/01 MEDIATION DISPOSITION REPORT
35
10/12/01 NOTICE OF HEARING 10/26/01
36
0.00
0.00
Date: 10/~1/2002
~RTR5925
2001,CA 001462
15:34:02 Docket Sheet Page: 4
Summary
JOHN HANCOCK LIFE INSURANCE COMPANY vs. WALTERS, RALPH W
No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due
Journal Book-Page-Nbr Ref Nbr Amount Dismissed
44
10/12/01 Court Event Set
Event: Hearing
Date: 10/26/2001 Time: 11:15 am
Judge: Thomas, Patricia Location:
0.00
45
46
47
48
49
50
51
52
10/25/01 NOTICE OF FILING/COPY OF LETTER FROM MARK
D SELWYN/COPY OF DEFENDkNTS MOTION TO
SPECIFICALLY ENFORCE THIS COURTS PERMANENT
INJUNCTION AGAINST RALPH W WALTERS FROM
THE DISTRICT COURT DISTRICT OF
MASSACHUSETTS/COPY OF PROPOSED ORDER FROM
THE UNITED STATES DISTRICT COURT DISTRICT
OF MASSACHUSETTS/COPY OF DEFENDANTS
MEMORANDUM OF LAW IN SUPPORT OF THEIR
MOTION TO SPECIFICALLY ENFORCE THIS COURTS
PERMANENT INJUNCTION AGAINST RALPH W
WALTERS FROM THE UNITED STATES DISTRICT
COURT DISTRICT OF MASSACHUSETTS/EXHIBITS
37
11/05/01 ORDER ALLOWING COUNTERCLAIM FOR PREVIOUS
POLICY
38
11/05/01 ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE
TO AMEND THE PLEADINGS TO ADD A CLAIM FOR
SET OFF
39
11/16/01 DEFENDANTS RESPONSE TO AFFIRMATIVE
DEFENSES AND ANSWER TO CLAIM FOR SET OFF
DEFENDANTS RESPONSE TO AFFIRMATIVE DEFENSES
40
11/26/01 PLAINTIFFS AMENDED ANSWER AND AFFIRMATIVE
DEFENSES AND ANSWER TO DEFENDANTS
COUNTERCLAIM FOR PREVIOUS POLICY
41
11/28 01 AMENDED DEFENDANTS RESPONSE TO AFFIRMATIVE
DEFENSES
42
11/28/01 VOLUNTARY DISMISSAL OF COUNT THREE COUNTER
CLAIM FOR POLICY NO 066421190-001 WITHOUT
PREJUDICE-RECORDED
43
11/28/01 Civil Counts - Dismissed After Hearing
Civil Count No. 11 JOHN HANCOCK LIFE
INSURANCE COMPANY
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
53 12/13/01 PLAINTIFFS TRIAL WITNESS LIST
44
54 12/17/01 LIST OF WITNESSES FOR TRIAL
45
55 12/17/01 PLAINTIFF JOHN HANCOCKS MOTION FOR SUMMARY
JUDGMENT/EXHIBITS
46
56 12/20/01 PRETRIAL COMPLIANCE OF RALPH W WALTERS
47
0.00
0.00
0.00
0.00
Date: 10/21/2002
~RTR5~25..
2D01,CA 001462
15:34:02 Docket Sheet Page: 5
Summary
JOHN HANCOCK LIFE INSURANCE COMPANY vs. WALTERS, RALPH W
No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due
Journal Book-Page-Nbr Ref Nbr Amount Dismissed
57
58
12/21/01 PLAINTIFFS NOTICE OF HEARING
48
12/21/01 Court Event Set
Event: Hearing
Date: 01/15/2002 Time: 9:00 am
Judge: Thomas, Patricia Location:
0.00
0.00
59 12/21/01 PLAINTIFF'S AMENDED NOTICE OF HEARING
49
60 12/21/01 Court Event Set
Event: Hearing
Date: 01/15/2002 Time: 9:15 am
Judge: Thomas, Patricia Location:
0.00
0.00
61 12/21/01 MOTION FOR LEAVE TO AMEND COMPLAINT TO ADD
PUNITIVE DAMAGES/ATTACH
50
62 01/04/02 PRETRIAL COMPLIANCE OF JOHN HANCOCK LIFE
INSURANCE COMPANY/ATTACH
51
63 01/04/02 PLAINTIFFS TRIAL EXHIBIT LIST
52
64 01/09/02 PLAINTIFF JOHN HANCOCK LIFE INSURANCE
COMPANYS NOTICE OF WITHDRAWING TWO
EXHIBITS/ATTACH
53
65 01/10/02 AFFIDAVIT OF RALPH W WALTERS/ATTACH
54
66 01/14/02 PLAINTIFFS NOTICE OF CANCELLING HEARING
SCHEDULED FOR JANUARY 15 2001
55
67 01/22/02 MEDIATION DISPOSITION REPORT
56
68 01/22/02 CORRESPONDENCE TO THE HONORABLE PATRICIA
THOMAS FROM CHARLES WACHTER FOR FOWLER
WHITE BOGGS BANKER
57
69 05/29/02 MOTION FOR ENTRY OF FINAL JUDGMENT TO
REFLECT SETTLEMENT AGREEMENT/EXHIBITS
58
70 06/03/02 PLAINTIFFS NOTICE OF HEARING 8/5/02
59
71 06/03/02 Court Event Set
Event: Hearing
Date: 08/05/2002 Time: 2:30 pm
Judge: Thomas, Patricia Location:
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Date: 10/21/2002
~RTR5925
2D01,CA 001462
15:34:02 Docket Sheet Page: 6
Summary
JOHN HANCOCK LIFE INSURANCE COMPANY vs. WALTERS, RALPH W
No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due
Journal Book-Page-Nbr Ref Nbr Amount Dismissed
72
73
74
75
07/31/02 NOTICE OF FILING AFFIDAVIT OF WILLIAM A
GOTTLIEB IN SUPPORT OF MOTION TO ENFORCE
SETTLEMENT AND FOR ENTRY OF FINAL JUDGMENT
60
07/31/02 AFFIDAVIT OF WILLIAM A GOTTLIEB IN SUPPORT
OF MOTION TO ENFORCE SETTLEMENT AND FOR
ENTRY OF FINAL JUDGMENT
61
08/06/02 FINAL JUDGMENT- RECORDED
62
08/06/02 Civil Counts - Disposed by Judge
Civil Count No. 5 WALTERS, RALPH W
0.00
0.00
0.00
0.00
76
08/06/02 Civil Counts Disposed by Judge
Civil Count No. 3 WALTERS, RALPH W
0.00
77
08/06/02 Civil Counts - Disposed by Judge
Civil Count No. 1 WALTERS, RALPH W
0.00
78
08/06/02 Civil Counts - Disposed by Judge
Civil Count No. 2 WALTERS, RALPH W
0.00
79
08/06/02 Civil Counts - Disposed by Judge
Civil Count No. 4 WALTERS, RALPH W
0.00
80
08/06/02 Civil Counts - Disposed by Judge
Civil Count No. 8 WALTERS, RALPH W
0.00
81
08/06/02 Civil Counts - Disposed by Judge
Civil Count No. 9 JOHN HANCOCK LIFE
INSURANCE COMPANY
0.00
82
08/06/02 Civil Counts - Disposed by Judge
Civil Count No. 10 JOHN HANCOCK LIFE
INSURANCE COMPANY
0.00
83
08/06/02 Civil Counts Disposed by Judge
Civil Count No. 6 WALTERS, RALPH W
0.00
84
85
86
08/06/02 Civil Counts - Disposed by Judge
Civil Count No. 7 WALTERS, RALPH W
08/06/02 FINAL DISPOSITION FORM
08/23/02 CASE CLOSED
63
0.00
0.00
0.00
Date: 10/21/2002
~R~R5~25~
2001,CA 001462
15:34:02 Docket Sheet Page: 7
Summary
JOHN HANCOCK LIFE INSURANCE COMP/%NY vs. WALTERS, RALPH W
87 08/23/02 *SENT TO STORAGE*
0.00
Totals By: Filing Fees
Informational
*** End of Report ***
169.50
0.00
0.00
Exhibit C
JOHN HANCOCK LIFE
INSURANCE COMPANY,
Plaintiff,
RALPH W. WALTERS,
Defendant.
COURT OF COMMON PLEAS
STATE OF PENNSYLVANIA
CUMBERLAND COUNTY
AFFIDAVIT OF W. EDWARD AFIELD
Case No.
BEFORE ME, the undersigned authority, personally appeared W. EDWARD AFIELD, who,
after being duly sworn by me, states under oath:
1. My name is W. Edward Afield. I am a resident of the State of Florida. I am over the
age of 18, and I have first-hand knowledge of, and am competent to testify to, the matters set forth
herein.
2. I am an attorney with Fowler White Boggs Banker P.A., which represents John
Hancock Life Insurance Company ("John Hancock") in the above captioned litigation.
3. The last known address of Ralph W. Walters is: 7073 Carlisle Pike Lot 124
Carlisle, PA 17013.
4. John Hancock obtained a final judgment against Ralph W. Walters in John Hancock
Life Ins. Co. v. Waiters, No. 2001 CA 001462 (Fla. Citrus Cty. Cir. Ct. Aug. 6, 2002). A copy of
'this final judgment is attached as Exhibit A.
5. The foreign judgment is valid, enforceable and unsatisfied.
o
The foreign judgment is valid, enforceable and unsatisfied.
AFFIANT SAYS NOTHING FURTHER.
AFFIANT
STATE OF FLORIDA ·
COUNTY OF HILLSBOROUGH ·
The foregoing Affidavit was acknowledged before me this c~q~ ~day of October
2002 by W. Edward Afield, who is personally known to me.
(SEAL)
Notary Public (Signature)
Notary Public (print or type)
My Commission Expires:
CERTIFICATE OF SERVICE
The undersigned certifies that a tree and correct copy of the within Praecipe to Enter and
Enforce Judgment was served upon defendant, Ralph Walters and al ~pterested parties set forth
/
below by United States First Class Mail, postage pre-paid on /t///¢ ,2003 and
addressed as follows:
Ralph W. Walters
7073 Carlisle Pike Lot 124
Carlisle, PA 17013
ACands, Inc.
120 North Lime Street
Lancaster, PA 17603
A.P. Green Refractories, Inc.
C/o CVCSC, Inc.
P.O. Box 950
525 Brook Street
Rocky Hill, CT 06067
Carborundum Company
C/o CertainTeed Corporation
750 East Swedesford Road
Valley Forge, PA 19482
CBS Corporation
F/k/a Westinghouse Electric Corporation
2nd Floor, Gateway 6
11 Stanwix Street
Pittsburg, PA 15222
Corhart Refractories Compnay
1600 West Lee Street
Louisville, KY 40210
A-Best Products Company
3865 West 150th Street
Cleveland, OH 44111
:240753-1
:240753-1
Essex Group, subsidiary of United
Technologies
C/o CT Corporation System
1515 Market Street, 12th Floor
Philadelphia, PA 19103
Fairmont Supply Company
F/k/a Montfair Industrial Supplies
Company, f/k/a Fairmont Machinery Co.
437 Jefferson Avenue
Washington, PA 15301
Ferro Engineering
A Division of Oglebay Norton Co.
1100 Superior Avenue, Suite 2100
Cleveland, OH 44114
Foseco, Inc.
C/o CT Corporation System
1515 Market Street, 12th Floor
Philadelphia, PA 19103
Foster-Wheeler Corporation
668 5th Avenue
New York, NY 10103
Frazier-Simplex, Inc.
436 East Beau Street
Washington, PA 15301
General Refractories Company
225 City Line Avenue
Suite 114
Bala Cynwyd, PA 19904
The Goodyear Tire & Rubber Company
C/o CT Corporation System
1515 Market Street, 12th Floor
Philadelphia, PA 19103
Harbison-Walker Refractories
C/o CVCSC, Inc.
P.O. Box 950
525 Brook Street
Rocky Hill, CT 06067
Lockheed Martin Corporation
F/k/a Martin Marietta Corporation
6801 Rockledge Drive
Betheseda, MD 20817
Martin Marietta Materials, Inc.
2710 Wycliff Road
Raleigh, NC 27607
Minnesota Mining and Manufacturing Company
3M Center
St. Paul, MN 55144
North American Refractories Company
1228 Euclid Avenue
Cleveland, OH 44115
C/o Heightsman, Warren, Wise & Fomella
Gulf Tower, 35th Floor
707 Grant Street
Pittsburgh, PA 15219
Owens - Illinois, Inc.
P.O. Box 1035
Toledo, OH 43601-9604
Plibrico Sales and Service Company
A/k/a The Plibrico Company
1800 North Kingsbury Street
Chicago, IL 60614
Premier Refractories, Inc.
F/k/a J.H. France Refractories, Co.
C/o CT Corporation System
1515 Market Street, 12th Floor
Philadelphia, PA 19103
The Rockbestos Company
F/k/a The Rockbestos Wire & Cable Company
20 Bradley Park Road
East Granby, CT 06026
Quigley Co., Inc.
Subsidiary of Pfizer, Inc.
235 East 42na Street
New York, NY 10017
:240753-1
Rapid American Corporation
As successor in interest to the
Philip Carey Manufacturing company and
Glen Alden Corporation
C/o Corporation Service Co.
2704 Commerce Drive
Harrisburg, PA 17111
Union Carbide Corporation
C/o Kelley Drye & Warren
Attn: Jean Murphy, Paralegal
101 Park Avenue
New York, NY 10178-0002
Uniroyal, Inc.
C/o Corporation Service Co.
2704 Commerce Drive
Harrisburg, PA 17111
Universal Refractories, Inc.
915 Clyde Street
Wampum, PA 16157
General Electric Company
C/o CT Corporation System
1515 Market Street, 12th Floor
Philadelphia, PA 19103
GERMAN, GALLAGHER & MURTAGH
By:
s ¢Ipp
:240753-1
IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
JOHN HANCOCK LIFE INSURANCE CO.:
John Hancock Place
P.O. Box 111
Boston, MA 02117
V.
RALPH W. WALTERS
7073 Carlisle Pike Lot 124
Carlisle, PA 17013
CASE NO.:
03-1602 Civil Term
CERTIFICATE OF SERVICE
The undersigned certifies that a tree and correct copy of the time stamped copy of the
Praecipe to Enter and Enforce Judgment was served upon defendant, Ralph Walters, by United
States First Class Mail, postage pre-paid and Certified Mail, R.R.R. #7001-2510-0000-8604-
5098 on ~l~f'/ ]C2003 and addressed as f°ll°ws:
Ralph W. Walters
7073 Carlisle Pike Lot 124
Carlisle, PA 17013
GERMAN, GALLAGHER & MURTAGH
By: // ~,-~--~ ,~
~ttorney~oi~ P lainti ff,
John Han~k Life Insurance Co.
I.D. #69175
200 S. Broad Street, 5th Floor
Philadelphia, PA 19102
(215) 545-7700
:254129-1