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HomeMy WebLinkAbout04-0253CARRYL L. WALTER, Plaintiff VS. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 014 - -753 CIVIL ACTION - LAW DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 Telephone: (717) 249-3166 CARRYL L. WALTER, Plaintiff vs. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Oy "a -Q CIVIL ACTION - LAW DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Carryl L. Walter, by and through her attorney, Jeannd B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Carryl L. Walter, is an adult individual who currently resides at 228 Cumberland Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, Bruce A. Walter, Sr., is an adult individual who currently resides at 228 Cumberland Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on July 3, 1953 in Westminster, Maryland. Count I - Divorce 5. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 6. A prior action of divorce was filed by Plaintiff against Defendant in 1989 at Cumberland County Docket No. 3361 Civil 1989, which was dismissed following the parties reuniting. There have been no other prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. There are no dependent children from this marriage. 11. This action is not collusive. Count II -Spousal Support, Alimony, Alimonv Pendente Lite, Counsel Fees and Costs 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. Plaintiff lacks sufficient funds to support herself and pay counsel fees and expenses related to this action. 14. Defedant is able to pay Plaintiff alimony pendente lite, counsel fees and expenses related to this action. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite, alimony, counsel fees and costs. Count III - Equitable Distribution of Marital Propertv Pursuant to 43502 of the Divorce Code 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant to the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 18. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 19. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to enter a Decree; A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D. For such further relief as the Court may determine equitable and just. RESPECTFULLY SUBMITTED: Dated: Jeann B. Costopoulos, Esquire 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR PLAINTIFF CARRYL L. WALTER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. BRUCE A. WALTER, SR., CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION I, Carryl L. Walter, hereby verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Date: - S- 2 o o q Signature: Carryl L. Walter 7cJ- (3 CARRYL L. WALTER, Plaintiff VS. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0L4 - -? S.3 CIVIL ACTION - LAW DIVORCE PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL The Plaintiff, Carryl L. Walter, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. During their marriage, the parties acquired a home and property located at 228 Cumberland Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, 17011. 2. Both Plaintiff and Defendant currently reside in the above-described marital residence. 3. The parties have no minor children. 4. Plaintiff has filed a Complaint in Divorce simultaneously with this Petition. 5. The Plaintiff cannot amicably reside with Defendant. 6. In an effort to thwart Plaintiff s decision to seek an end to her marriage of fifty (50) years to Defendant, Defendant has recently been threatening to commit Plaintiff to a mental institution. Defendant made similar threats in 1989 after Plaintiff filed for a divorce at Cumberland County docket no. 3361 Civil 1989. As a result, she obtained a psychological evaluation at Holy Spirit Hospital which concluded that she had sufficient personal resources to cope with every day life stressors, that there was no indication that she was depressed or psychotic, that there was no evidence of a serious personality disorder, and that she was not experiencing a significant or disabling amount of psychological distress. 7. As in 1989 when Plaintiff sought a divorce from Defendant, she believes Defendant will allege that she is emotionally unstable in an effort to thwart her decision to seek a divorce from Defendant. She further believes that the mere prospect of any economic loss to Defendant such as that common in equitable distribution proceedings will result in attempts on the part of Defendant to follow through with his threats of seeking to have Plaintiff committed in a mental institution. 8. Defendant's treatment of Plaintiff has become unbearable and Plaintiff believes Defendant will continue to mentally abuse her if he is permitted to continue residing in the same household pending divorce proceedings. 9. Plaintiff should not be forced to vacate the marital residence. Instead, Defendant should be ordered to vacate the residence pending final resolution of all economic claims between the parties. WHEREFORE, Plaintiff respectfully requests that she be granted exclusive possession of the marital residence pending final resolution of all claims between the parties. Dated: RESPEC LLY SUBMITTED: Je a B. Costopoulos, Esquire 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR PLAINTIFF CARRYL L. WALTER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. BRUCE A. WALTER, SR., CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION I, Carryl L. Walter, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: J' / 5-- 2 0 0 y ?vu?f/ or'?alae* Signature: O Carryl L. Walter CARRYL L. WALTER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. BRUCE A. WALTER, SR., CIVIL ACTION -LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Bruce A. Walter, Sr. 228 Cumberland Road Camp Hill, PA 17011 BY: Je d B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 DATED: ??(` Vn17 c i CUU4 CARRYL L. WALTER, Plaintiff VS. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OL( - d 63 C l CIVIL ACTION - LAW DIVORCE ORDER OF COURT AND NOW this 3d day of 2004, upon consideration of Plaintiff's Petition for Exclusive Possession of the Marital Residence, it is hereby ordered that a hearing on the matter is scheduled on the day of 2004, at &. 3 6Atn. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. J. o? d ?o C? n vr, . 7(-! Carryl L. Walter, Plaintiff v Bruce A. Walter, Sr Defendant In the Court of Common Pleas Cumberland County Pennsylvania Civil Action - Law Divorce No. 04-253 Civil Term ORDER AND NOW, the 3o -" day ofLIA 4/ 2004, it appears that SAIDIS SHUFF, FLOWER & LINDSAY ATrORNBYS•ATeLAW 26 W. High Street Carlisle, PA counsel for the Respondent is unavailable on the morning of January 30, 2004, the hearing set for that time on a Petition for Exclusive Possession doff the marital residence is hereby continued to the /? day of AJAUAIL,/ 2004, .. .- in. in Courtroom No.Aof the Cumberland County Courthouse, Carlisle, Pennsylvania. 'Al f /,FA2,'N4 fo Ax,, A -1 Id , Ld 1AAkW171 4? A Neither party shall harass the other, verbally or otherwise, pending the hearing. Bi J. VNVAIASNNId 90 :I I IIV 0£ W 4001 AVILIONOFUQUd 3H130 3ow?31H LAW OFFICES JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR CAROL J. LINDSAY MATTHEW J. ESHELMANt KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MACLAY JACLYN SMITH SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@ssfl-law.com www.ssfl-law.com January 29, 2004 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Walter v. Walter Docket No. 04-253 Civil Term Dear Judge Guido: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)7373406 FACSIMILE: (717)737-3407 t Board Certified Gedimrs' Rights Representation REPLY TO CARLISLE I have been retained by Bruce A. Walter to represent him with regard to a Petition for Exclusive Possession of the marital home filed by attorney Jeanne B. Costopoulos on January 20`h. The petition does not aver physical violence. The order on the petition sets the hearing for January 301h at 8:30 a.m. The Order was signed on January 23rd, but my client did not receive the order until January 27`h at 4:00 p.m. He came to see me January 28'h. I am scheduled to be in Perry County Court on the morning of January 30`h. I respectfully request a continuance to the earliest possible date for the Court. Ms. Costopoulos does not object to a continuance so long as the hearing can be rescheduled to a time not too distant. She requires, also, language in the nature of a temporary order. I have included that language in the proposed order. I would be happy to coordinate a time for all parties and the Court CJL: ahg Enclosure Vnnt trl IIN/ vnl lm CARRYL L. WALTER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE A. WALTER, SR., DEFENDANT 04-0253 CIVIL TERM ORDER OF COURT AND NOW, this 1 gth day of February, 2004, following a hearing on the merits, the petition of Carryl L. Walter for exclusive possession of the marital residence, IS DENIED. By the 2 C " G Edgar B. Bayley, J. Jeanne B. Costopoulos, Esquire For Plaintiff Carol J. Lindsay, Esquire For Defendant / m - a•?9-oY :sal k' ? I 'Qf INV 6 ! 9aj h001 ??'?ai?-Cfllia CARRYL L. WALTER, Plaintiff\Respondent vs. BRUCE A. WALTER, SR., Respond ent/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-253 CIVIL TERM CIVIL ACTION-LAW DIVORCE ORDER OF COURT AND NOW, this Iq4j' day of . , 2004, upon consideration of the within Petition, a Rule is issued upon the Respondent to show cause why the relief requested should not be granted. RULE returnable at a hearing set for the Jl day of 2004, in Court Room No. a of the Courthouse at Carlisle, Pennsylvania at 1,00 o'clock, . m. Pending the hearing, neither party shall spend, give away, encumber, SAIDIS SHUFF, FLOWER & LINDSAY a'rroxrws•nruw 26 W. High Sheet Carlisle, PA dissipate or otherwise dispose of any asset listed on Exhibit "A" attached to the Petition. 6?7 2111)2\ J. 61 : I I!d 61 "3J hOa.Z ???I? !C?-C1311? Carryl L. Walter, Plaintiff V. By the C J. SAIDIS SHUFF, FLOWER & LINDSAY ArMMYS•AT-LAW 26 W. High Street Carlisle, PA , ?4_L45axr Bruce A. Walter, Sr Defendant In the Court of Common Pleas Cumberland County Pennsylvania No. 04-253 Civil Term Civil Action - Law Divorce ORDER AND NOW, this 5M day of March, 2004, upon the request of the parties, the hearing set for March 5, 2004 on a Petition for Special Relief filed by the Defendant is hereby generally continued. A hearing on the matter may be rescheduled at the request of either party. i - lp f rn, i11 i ,7 ,. Y1'lj hG?©l f `1??V?flJU , 10 :1 14U S- k vk =Ji?:?O-fl3lL? CARRYL L. WALTER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE A. WALTER, SR., DEFENDANT 04-0253 CIVIL TERM ORDER OF COURT AND NOW, this 25`h day of March, 2004, a hearing on the petition for special relief shall commence at 11:00 a.m., Tuesday, April 14, 2004, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By t 100 Edgar B. Bayley, J. ?Jeanne B. Costopoulos, Esquire For Plaintiff T -G`arol J. Lindsay, Esquire Z For Defendant :sal 03_??_Q y 1-tN'V'/%lkSNN3d ,tLNnU l -, "r i 7amo 01 :h Nd 9Z8vwhOo1 AUVIONOH1O3d 31-iL d0 30LI-M-031H CARRYL L. WALTER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE A. WALTER, SR., DEFENDANT 04-0253 CIVIL TERM ORDER OF COURT, AND NOW, this 131h day of April, 2004, upon agreement of counsel, the hearing on the petition for special relief is continued generally. By th(1e W-10-1)12\ Edgar B. Bayley, J. Jeann6 B. Costopoulos, Esquire For Plaintiff Carol J. Lindsay, Esquire For Defendant :sal FILED-OFP.CE AOTrI??;? ir.nr OF THE 20A AN 13 IG: 13 ,6 CARRYL L. WALTER, Plaintiff VS. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-253 CIVIL TERM CIVIL ACTION - LAW DIVORCE PETITION TO ENTER STIPULATION AS AN ORDER OF COURT AND NOW, come the parties, Carryl L. Walter (hereinatter referred to as "Wife") and Bruce A. Walter, Sr. (hereinafter referred to as "Husband"), and respectfully request the following Stipulation to be entered as an order of court: WHEREAS, on February 19, 2004 the Court of Common Pleas, Cumberland County entered an Order providing, inter alia, that neither party would spend, give away, encumber, dissipate or otherwise dispose of any asset listed on an Exhibit attached to a Petition for Special Relief filed by Husband. WHEREAS, pending equitable distribution, the parties desire to modify the court's order of February 19, 2004 and to further safeguard their marital property; and, WHEREAS, both parties have been provided an opportunity to review this Petition with their respective counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Neither party will sell or encumber their real estate in Camp Hill, Pennsylvania or Lyndhurst, Ontario, without written permission of the other. 2. The parties will continue to use their M&T joint checking account #88591379 to pay their expenses in the ordinary course as they have in the past. The parties will deposit into their M&T joint checking account #88591379 the following income: a. Husband's 401(k) distribution payments b. Husband's IBM pension c. Husband's social security benefit d. Wife's social security benefit If any of the above are currently direct deposited into an account other than the above referenced M&T joint checking account #88591379, the party in whose name the payments are titled shall within five (5) days make arrangements to have the payments automatically deposited into the parties' M&T joint checking account #88591379. In the meantime, the parties shall manually withdraw the funds from their current depository then deposit them into said M&T joint checking account #88591379 until arrangements can be made to have the funds direct deposited into the parties' M&T joint checking account #88591379. 3. Wife shall withdraw $8,000.00 from her Waypoint Bank checking account #0100667005 of which she shall deposit $4,000.00 into the above referenced M&T joint checking account #88591379 and shall deposit the remaining $4,000.00 into the parties' M&T joint savings account #015004208556843. 4. Both parties shall withdraw all funds from any individually held checking or savings accounts and deposit said funds into the parties' M&T joint savings account #015004208556843. 5. Both parties shall deposit into the parties' M&T joint savings account #015004208556843 all funds withdrawn by either party from any bank account subsequent to September 1, 2003, other than routine marital expenses paid from the parties' M& T joint checking account #88591379. If any of said funds no longer exist, the party who disposed of said funds shall within five (5) days provide an accounting to the other party with documentation showing from which account the funds wcre taken and for what purpose the funds were used. 6. Neither party shall remove or transfer funds from the parties M&T joint savings account #015004208556843 without the written agreement of the other. 7. The parties maintain a small checking account at the Canadian Imperial Bank of Commerce. Into that account a small Canadian pension for Husband is deposited. The parties shall only withdraw funds from their Canadian account for the purpose of paying expenses related to their Ontario real estate. 8. The parties shall not sell or otherwise transfer title to any vehicle without written agreement of the other. 9. The parties shall not remove any items from the M&T safe deposit box or from the Waypoint safe deposit box. Counsel for the parties each hold a key for the M&T safe deposit box and counsel for Wife holds the only key for the Waypoint safe deposit box, which contains, among other things, approximately $8,000.00 cash. If either party has removed anything from said boxes since September 1, 2003, said party shall immediately provide an accounting to the other indicating what was removed and the current status of whatever was removed. 10. Neither party shall disturb the parties' joint M&T Certificate of Deposit unless agreed otherwise by a writing signed by both parties. All remaining Certificates of Deposit, including but not limited to the two (2) Americhoice Federal Credit Union and one (1) Waypoint , shall be titled jointly if not done so already. Husband shall provide proof to Wife within five (5) days that all CD's are now jointly held. 11. Neither party shall disturb any Individual Retirement Accounts. Any distributions received by either party from an Individual Retirement Account shall be deposited into the parties' M&T joint savings account #015004208556843 unless agreed otherwise by a writing signed by both parties. 12. Husband shall not disturb nor make any changes to the Canadian Life Insurance policy titled in his name with a cash value of approximately $30,000.00. Husband shall within five (5) days provide Wife proof that said policy and the full cash value remain undisturbed. 13. Copies of all monthly, quarterly and annual statements received by either party relating to the above referenced accounts or assets shall be shared with the other party within five (5) days of receipt thereof. 14. Wife's mother owns various items located within the marital residence. Nothing in this Stipulation shall restrict Wife's mother from removing her belongings from the marital residence. 15. Neither party shall alienate or dissipate any other item o f marital property pending equitable distribution, written agreement of the parties, or Order of Court. 16. It is the intention of the parties that this Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. WHEREFORE, the parties, intending to be legally bound, and with the understanding that this Agreement may be enured as an order of cowl, hereby set their hands and seals and the date of their acknowledgment. Signature: Carryl ? Walter Date: /- G Witness: Signature: Witness: Date: - / 'Vil c _ Bruce. R wnit.. c.. O c ? _ ( T1 ?-?? r ?? ?, r7 -;j tT y '??. -. ?`C L .._r?0_ . . t _ ,j `'_? l7 '.??1? --1 `t7 MAY 17 2DD4 l ) 6 CARRYL L. WALTER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : No. 04-253 CIVIL TERM BRUCE A. WALTER, SR., : CIVIL ACTION -LAW Defendant : DIVORCE ORDER OF COURT NOW, this a day of -, 2004, upon consideration of the within Stipulation of the Parties, the terms of the St ulation are hereby made an Order of Court. 4A '(DX 0 N r., c 11) uJ L I Lr; _x ?L LL o -= N ?r ;,1 CARRYL L. WALTER, Plaintiff V. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-253 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Carryl L. Walter, in the above-captioned matter. )Jo nR. Fenstermacher, Esquire PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Plaintiff, Carryl L. Walter, in the above-captioned matter. Date: 6 ?? os RESP 64wles Rector, 1104 Fernwoo Camp Hill, PA/l (717) 761-8101 Ste. 203 - .a ev 3y N A CARRYL L. WALTER Plaintiff V. BRUCE A. WALTER, SR., Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-253 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAEC/PE TO WITHDRAW Kindly withdraw the Divorce Complaint filed by my client, Carry[ L. Walter, in the above-captioned matter on January 20, 2004. i Date: Charles Rector, EbqiAre 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff C> o !"_ o cn T O N u CARRYL L. WALTER, Plaintiff V. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-253 CIVIL TERM CIVIL ACTION-LAW DIVORCE AND NOW, comes Bruce A. Walter, Sr., by and through his counsel, Saidis, Shuff, Flower & Lindsay, and petitions this Honorable Court as follows: 1. Petitioner is Bruce A. Walter, Sr., who resides at 228 Cumberland Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Carryl L. Walter is an adult individual, who resides at 7073 Carlisle Pike, #123, Carlisle, Pennsylvania 17013. Wife is represented by Charles Rector, Esquire who has been provided a copy of this Petition. 3. The parties hereto were married on July 3, 1951 4. On January 20, 2004, Plaintiff filed a Complaint in Divorce with counts in spousal support, alimony, alimony pendente lite, counsel fees and costs, and in equitable distribution. She also filed a Petition for exclusive possession of the marital home. On February 18, 2004, this Honorable Court dismissed the Petition. 5. Prior to the Court's Order on February '18, 2004, Defendant filed a Petition for SAIDIS SHUFF, FLOWER & LINDSAY ATrORMEYS•AT•WW 26 W. High Street Carlisle, PA Special Relief, himself since Plaintiff had removed from the parties' joint checking account $8,119.38 and from a savings union account, an additional $50,764.04. Further, she had taken $8,800.00 that the parties had in cash and held the only key to a safe deposit box in which were stored CDs and gold coins, worth approximately $112,461.00. 6. On February 19, 2004, this Honorable Court entered an Order setting a hearing, but also enjoining the dissipation of any marital asset. The parties, through their counsel, negotiated a resolution of the issue raised in the nondissipabon petition which was memorialized in a Stipulation of the Parties and entered as a Court Order on May 18, 2004. A copy of the May 18, 2004 Court Order is attached hereto as Exhibit "A". 7. Subsequent to the entry of the Court's Order based upon the parties' Stipulation, Plaintiff violated the Order by removing sums from the parties' joint checking account in violation of paragraph 6 and by refusing to redeposit her Social Security check into the joint account in which household bills were to be paid pursuant to paragraph 2 of their Stipulation. Nevertheless, Defendant did not seek enforcement of the Order because the violations were relatively minor and because he believed, upon the parties' Agreement, the martial assets were substantially safe. 8. In mid-November of 2004, Plaintiff moved from the marital home taking additional monies from the parties' M&T checking account in violation of their Agreement and the Court Order. On December 29, 2004, the undersigned wrote to counsel for Plaintiff outlining withdrawals which totaled $1,339.00. 9. On August 30, 2005, however, Plaintiff withdrew her Complaint in Divorce without leave of Court. She immediately violated the Court's Order of May 18, 2004, then, by removing all jointly held assets from their accounts and depositing them into her own account. Specifically, she removed the following: a. From the Sovereign Bank account: $30,866.72; b. From the M&T account: $11,864.35; SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA C. From Americhoice Federal Credit Union accounts and certificates of deposit, a total of $15,613.48; d. From the Waypoint Bank certificate of deposit: $8,544.36; By cashing in the certificates of deposit, she incurred early withdrawal fees of $1,456.85. All accounts were protected by the Court's Order of May 18, 2004. 10. Further, Plaintiff was supplied by her counsel with keys to both safe deposit boxes, keys that were safeguarded by the Order entered on May 18, 2004. Upon information and belief, she has entered the safe deposit boxes and removed the contents. 11. Defendant believes and therefore avers that Plaintiff's discontinuance of the divorce action was contrary to law and that her subsequent raiding of all liquid marital assets protected by the Court's Order of May 18, 2004, constitutes a contempt of this Court. 12. Defendant has incurred attorney's fees not only in the filing of the present Petition, but in the filing of a Petition on February 18, 2004 to protect the same assets which Plaintiff previously raided. WHEREFORE, Plaintiff prays this Honorable Court to enter a Rule upon the Plaintiff to show cause why the Divorce Complaint should not be reinstated, why the Court Order of May 18, 2004 is not presently in effect and why she should not be held in contempt of the Court's Order of May 18, 2004 and required to forward into an escrow account to be held by Defendant's counsel all of the monies that she has taken from the parties' joint accounts and why she should not be required to provide to Plaintiff all of the items taken from the parties' safe deposit boxes. SAIDIS, By.---? SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS•AT•LAW 26 W. High Street Carlisle, PA CarofJ. Lindtay, Esquire I D# 44693 / 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Petitioner Y VERIFICATIOM I, Carol J. Lindsay, Esquire, attorney for Defendant Bruce A. Walter, Sr. verify that the statements made in the foregoing Petition to Reinstate are true and correct and certify that I am authorized to do so, and that the verification of personas having knowledge of matters alleged in this pleadings cannot be obtained within the time required for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: SAIDIS, SHUFF, FLOWER & LINDSAY By: ID#- 44093 26'We gh Street Carlisle, PA 17013 (717) 243-6222 Attorney for Petitioner SAIDIS SHUFF, FLOWER & LINDSAY ATrtMI?!Y5•AT•IAW 26 W. High Street Carlisle, PA MAY 1 7 1DD4 CARRYL L. WALTER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 04-253 CIVIL TERM BRUCE A. WALTER, SR., : CIVIL ACTION -LAW Defendant : DIVORCE ORDER OF COURT NOW, this IF day of _, 2004, upon consideration of the within Stipulation of the Parties, the terms of Stipulation are hereby made an Order of Court. BY THE COURT: CARRYL L. WALTER, Plaintiff VS. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-253 CIVIL TERM CIVIL ACTION - LAW DIVORCE PETITION TO ENTER STIPULATION AS AN ORDER OF COURT AND NOW, come the parties, Carryl L. Walter (hereinafter referred to as "Wife") and Bruce A. Walter, Sr. (hereinafter referred to as "Husband"), and respectfully request the following Stipulation to be entered as an order of court: WHEREAS, on February 19, 2004 the Court of Common Pleas, Cumberland County entered an Order providing, inter alia, that neither party would spend, give away, encumber, dissipate or otherwise dispose of any asset listed on an Exhibit attached to a Petition for Special Relief filed by Husband. WHEREAS, pending equitable distribution, the parties desire to modify the court's order of February 19, 2004 and to further safeguard their marital property; and, WHEREAS, both parties have been provided an opportunity to review this Petition with their respective counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Neither party will sell or encumber their real estate in Camp Hill, Pennsylvania or Lyndhurst, Ontario, without written permission of the other. 2. The parties will continue to use their M&T joint checking account #88591379 to pay their expenses in the ordinary course as they have in the past. The parties will deposit into their M&T joint checking account 488591379 the following income: a. Husband's 401(k) distribution payments b. Husband's IBM pension c. Husband's social security benefit d. Wife's social security benefit If any of the above are currently direct deposited into an account other than the above referenced M&T joint checking account #88591379, the panty in whose name the payments are titled shall within five (5) days make arrangements to have the payments automatically deposited into the parties' M&T joint checking account #88591379. In the meantime, the parties shall manually withdraw the funds from their current depository then deposit them into said M&T joint checking account #88591379 until anangements can be made to have the funds direct deposited into the parties' M&T joint checking account #88591379. 3. Wife shall withdraw $8,000.00 from her Waypoint Bank checking account #0100667005 of which she shall deposit $4,000.00 into the above referenced M&T joint checking account #88591379 and shall deposit the remaining $4,000.00 into the parties' M&T joint savings account #015004208556843. 4. Both parties shall withdraw all funds from any individually held checking or savings accounts and deposit said funds into the parties' M&T joint savings account #015004208556841 5. Both parties shall deposit into the parties' M&T joint savings account 4015004208556843 all funds withdrawn by either party from any bank account subsequent to September 1, 2003, other than routine marital expenses paid from the parties' M& T joint checking account #88591379. If any of said funds no longer exist, the party who disposed of said funds shall within five (5) days provide an accounting to the other party with documentation showing from which account the funds were taken and for what purpose the funds were used. 6. Neither party shall remove or transfer funds from the parties M&T joint savings account #015004208556843 without the written agreement of the other. 7. The parties maintain a small checking account at the Canadian Imperial Bank of Commerce. Into that account a small Canadian pension for Husband is deposited. The parties shall only withdraw funds from their Canadian account for the purpose of paying expenses related to their Ontario real estate. 8. The parties shall not sell or otherwise transfer title to any vehicle without written agreement of the other. 9. The parties shall not remove any items from the M&T safe deposit box or from the Waypoint safe deposit box. Counsel for the parties each hold a key for the M&T safe deposit box and counsel for Wife holds the only key for the Waypoint safe deposit box, which contains, among other things, approximately $8,000.00 cash. If either party has removed anything from said boxes since September 1, 2003, said party shall immediately provide an accounting to the other indicating what was removed and the current status of whatever was removed. 10. Neither party shall disturb the parties' joint M&T Certificate of Deposit unless agreed otherwise by a writing signed by both parties. All remaining Certificates of Deposit, including but not limited to the two (2) Americhoice Federal Credit Union and one (1) Waypoint, shall be titled jointly if not done so already. Husband shall provide proof to Wife within five (5) days that all CD's are now jointly held. 11. Neither party shall disturb any Individual Retirement Accounts. Any distributions received by either party from an Individual Retirement Account shall be deposited into the parties' M&T joint savings account #015004208556843 unless agreed otherwise by a writing signed by both parties. 12. Husband shall not disturb nor make any changes to the Canadian Life Insurance policy titled in his name with a cash value of approximately $30,000.00. Husband shall within five (5) days provide Wife proof that said policy and the full cash value remain undisturbed. 13. Copies of all monthly, quarterly and annual statements received by either party relating to the above referenced accounts or assets shall be shared with the other party within five (5) days of receipt thereof. 14. Wife's mother owns various items located within the marital residence. Nothing in this Stipulation shall restrict Wife's mother from removing her belongings from the marital residence. 15. Neither party shall alienate or dissipate any other item of marital property pending equitable distribution, written agreement of the parties, or Order of Court. 16. It is the intention of the parties that this Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. WHEREFORE, the parties, intending to be legally bound, and with the understanding that this Agreement may be entered as an order of court, hereby set their hands and seals and the date of their acknowledgment. Signature: Witness: Signature: Witness: Date: Date: CERTIFICATE OF SERVICE AND now, this ?its day of ? 2003, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHU , FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Relief this day by facsimile, addressed to: Charles A. Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 SAIDIS, SHUFF, FLOWER & LINDSAY By: Carol J. L' y;'Esi ID# 4469 26'Nest High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Petitioner SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA c-> ?' o J? C/> P?f -?')4S9 :I Yi ? - 1 (L] _ ]'-1? J sy?7 y'. (?? ? :. ?i? RECEIVED S=' 2 e 4,005 CARRYL L. WALTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-253 CIVIL TERM BRUCE A. WALTER, SR., CIVIL ACTION-LAW Defendant DIVORCE ORDER OF COURT AND NOW, this a i day of (?p4e `? , 2005, upon consideration of the within Petition a Rule is issu on th R spondent to show ca se by the 6en+rylei.?r? Divorce should not be reinstated, why Plaintiff should not be held in contempt of this Court's Order of May 18, 2004 and ordered to return into control of the Defendant all of the assets which she removed from joint accounts as set out in the Court's Order of May 18, 2004. Rule returnable at a hearing schedule for the R day of?... 2005, in r Court Room Number 2 of the Courthouse in Carlisle, Pennsylvania at U K> o'clock 4 M. Pending the hearing, Plaintiff is ordered to provide to her counsel cashier's checks for all amounts taken from Waypoint, Sovereign, Americhoice Federal Credit Union and M&T Bank accounts or certificates of deposit subsequent to May 18, 2004 and provide to her counsel immediately keys to the two safe deposit boxes, one at M&T and one at Waypoint and any of the contents of those boxes which she has removed since May 18, 2004. BY TH E COO RT, SAIDIS SHUFF, FLOWER & LINDSAY ATTORNRYPAT•LAW 26 W. High Street Carlisle, PA 1? ?GrIPr? fd ??Y ?LG?Or OZ : 1,1t1 5Z ,]s SHIV ]?? JO CARRYL L. WALTER Plaintiff V. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-253 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ANSWER TO DEFENDANT'S PETITION TO REINSTATE COMPLAINT & FOR ENFORCEMENT OF COURT ORDER WITH COUNTERCLAIM FOR CONTEMPT AND NOW, comes the Plaintiff, Carry L. Walter, by and through her attorney, Charles Rector, Esquire, and files the following Answer to Defendant's Petition to Reinstate Complaint & for Enforcement of Court Order with Counterclaim for Contempt: 1. - 8. Admitted. 9. Admitted in part and denied in part. It is admitted that on August 30, 2005, Plaintiff withdrew her Complaint in Divorce. It is denied that leave of court was required inasmuch as neither an Answer nor Counterclaim were filed to the Complaint. To the extent that any further answer is required, Plaintiff's primary motivation for withdrawing the divorce complaint was her recognition, through newly retained counsel, that a divorce decree would seriously compromise her health insurance/prescription coverage through her husband's retirement with IBM. By way of further answer, Plaintiff withdrew various joint monies in response to Defendant's non-compliance with the May 18, 2004, Court Order entered following stipulation of the parties. With respect to the remaining averments of Paragraph 9, Plaintiff's answer is as follows: a. Admitted. Plaintiff withdrew from the joint Sovereign Bank account and deposited in her own name a Certificate of Deposit at Sovereign Bank in the amount of $30,866.72 (see Exhibit "A" attached) b. Denied. Plaintiff withdrew from the M&T Bank Joint account and deposited in her own name a Certificate of Deposit at M&T Bank the sum of $11,872.90, (see Exhibit "B" attached). C. Denied. Plaintiff withdrew from the Americhoice Federal Credit Union joint account and deposited in her own name in a Certificate of Deposit at Americhoice Federal Credit Union the sum of $15,470.26 (see Exhibit "C" attached). d. Denied. It is denied that Plaintiff removed any monies from Waypoint Bank and proof thereof is demanded and the same is deemed denied. By way of further answer, Defendant/Husband removed the sum of $8,500.00, from the joint M&T Savings Account, via an online transfer, on September 16, 2005, (see Exhibit "D" attached) and transferred the money to his individual checking account. Plaintiff has not removed any monies from Waypoint or Sovereign that have not already been accounted for by Plaintiff at Paragraph 9a-9c above. 10. Denied. It is denied that Plaintiff has entered and/or removed any of the items contained in the joint M&T Bank or Sovereign Bank safe deposit boxes and proof thereof is demanded and the same are deemed denied. 11. Denied. Paragraph 11 constitutes a series of legal conclusions and are deemed denied. To the extent that any further answer is required, Plaintiff exercised her prerogative to formally withdraw her divorce complaint. Plaintiff now acknowledges that it was inappropriate for her to remove joint monies and place said monies into Certificates of Deposit listing her name only. 12. Denied. Plaintiff is without sufficient information to form a belief as to the truth of the averments contained in Paragraph 12 and proof thereof is demanded and the same is deemed denied. WHEREFORE, Plaintiff respectfully requests that the Court dismiss the Defendant's Petition to Reinstate Complaint and for Enforcement of Court Order of May 18, 2004, and for attorney's fees and costs. Counterclaim 13. Paragraphs 1 through 12 above are incorporated herein as if set forth in full. 14. On September 16, 2005, Defendant withdrew the sum of $8,500.00, from the parties' joint M&T Bank savings account in violation of the Court Order of May 18, 2004 (see Exhibit "D" attached, referenced in Plaintiffs Answer to Defendant's Petition at Paragraph 9d above). 15. Defendant has, in violation of Paragraph 12 of the Order of Court of May 18, 2004, failed and refused to provide Plaintiff with confirmation of the existence of a Canadian Life Insurance Policy titled in his name with a cash value of approximately $30,000.00, and has further failed to provide confirmation that said policy and the full cash value thereof remain undisturbed. 16. In violation of the Order of May 18, 2004 (Paragraph 15), Defendant has locked his wife out of the areas of the home where her clothing and personal belongings are and has restricted her ability to retrieve said possessions. 17. In violation of the Order of May 18, 2004 (Paragraph 2), Defendant has failed and refused to deposit into the M&T Bank joint checking account his 401(k) distribution payments, his IBM Pension payments or his Social Security benefits. Defendant last deposited his Social Security and IBM Pension into said account in January 2005. 18. Since entry of said Order and continuing to the present, Defendant has failed and refused to make available any income to the joint account from which Plaintiff can supplement her modest spousal support in the amount of $400.00/month. 19. Defendant further violated the May 18, 2004, Order when he attempted to prevent Plaintiff from utilizing the joint M&T checking account, all to the detriment of Plaintiff. 20. Defendant violated the May 18, 2004, Order by not providing Plaintiff with copies of the M&T Bank statements from January 2004 through the present. 21. Defendant kept and/or spent all monies deposited into the parties' joint M&T checking account from January 2004 through January 2005 when he stopped depositing monies, to the detriment of Plaintiff. Defendant further hindered Plaintiffs access to the checking account and attempted to enlist an M&T Bank manager to prevent Plaintiff from having access to the account, all to the detriment of Plaintiff. 22. Since the parties separation, Defendant has spent tens of thousands of dollars from the parties' CD's, checking and savings accounts and his 401(k)/IRA to the detriment and exclusion of Plaintiff. 23. Plaintiff has incurred attorney fees in presenting this counterclaim for contempt and will continue to do so. WHEREFORE, Plaintiff respectfully requests that Defendant be adjudged in contempt of your Honorable Court's Order of May 18, 2004, that he be required to provide his counsel with a cashier's check in the amount recently taken from the parties' joint M&T Bank Savings and provide an accounting to Plaintiff of all joint money spent by him from January 2004 to the present and that he further be ordered to pay Plaintiff's counsel fees. Charles R6ctor,-Ssquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff Date: io 14 os? CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the /Ir 74< day of October, 2005, 1 caused a true and correct copy of the within Plaintiff's Answer to Defendant's Petition to Reinstate Complaint & for Enforcement of Court Order with Counterlcaim to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Date: /? t4 oJ? Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 W. High Street Carlisle, PA 17013 By: ? 2?-- C rtes Recy r, quire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff *overeign Bank Certificate of Deposit Receipt This receipt is issued to: CARRYL L WALTER 7073 CARLISLE PIKE TRLR 113 CARLISLE PA 17013-9762 The account evidenced by this receipt is subject to and further explained in the terms and conditions as contained in the deposit account agreement and the certificate of deposit disclosure. Account Number: 2475168924 IRA Account: ? Yes 0 No Date Opened: 09/14/2005 Amount: $30,866.72 Term:7536/36-47 Months Maturity Date: 09/14/2008 Interest Rate: 4.119a Interest Disbursement: Interest Payment Frequency: Mcaithly at End of Month This account is not negotiable and not transferable. Effective 12/02 Bankers Systems, on., St. Claud, MN MDF. EPACDB M M&T Bank Manufacturers and Traders Trust Company, 5528 Carlisle Pike, Mechanicsburg, PA 17050 717 766 0507 vm 717 7661793 MANUFACTURERS AND TRADERS TRUST COMPANY *.. CERTIFICATE OF DEPOSIT ` DATE: 09/14/2005 OFFICE: Hampden CARRYL L WALTER 7073 CARLISLE PIKE LOT 113 CARLISLE PA 17013 ACCOUNT NUMBER: 31003915257230 OPENING DEPOSIT: $11,872.90 ACCOUNTTERM: 8 Months INTEREST RATE: 3.54 ANNUAL PERCENTAGE YIELD: 3.60 MATURITY DATE: 05/14/2006 Thank you for choosing M&T Bank. NOT TRANSFERABLE (AS DEFINED IN 12 CFR 204) *** „* NON-NEGOTIABLE ** Member FDIC AMERICHOICE FEDERAL CREDIT UNION SHARE CERTIFICATE MEMBER NAME(S): CARRYL L WALTER ACCOUNT NUMBER: 38345-60 ORIGINAL AMOUNT: $15,470.26 CERTIFICATE NUMBER: 2916 ISSUE DATE: 09-14-05 This share certificate will mature on 09-14-07. Upon maturity, this account will automatically be renewed for an additional term equal to the initial term. A notice will be sent prior to maturity and you will have 10 days after each renewal to notify the credit union if you wish to change your investment without incurring a penalty. Except as otherwise stated here, the terms and conditions applicable to the initial term will also apply to the renewal term. Unless otherwise directed, the principal amount of the account for each renewal term will be the principal of the preceding term together with the interest credited or accrued but not paid or withdrawn during the preceding term. The rate of interest for any renewal term will be the rate of interest the credit union is offering at the time of renewal on this type of certificate. The credit union reserves the right to not renew this account by giving you written notice at your address as shown in the credit union's records. Your account will bear interest at the rate of 3.455% per annum ( 3.500% APY) from the date of deposit, calculated on 365/365 basis (366/366 in leap years) and paid in the manner indicated below. If you select monthly payments, you may change the manner of future payments without penalty. DEFERRED Paid to the account on the date(s) of maturity or automatic renewal. Interest is reported to the IRS for the year it is paid to the account. Paid QUARTERLY to certificate. Penalty for Early Withdrawal: All or any portion of the drawn prior to maturity of any term only with the credit at the time withdrawal is sought. If such consent is amount will be subject to a substantial penalty equal to amount withdrawn at the simple interest rate of this acc more than 180 days worth of interest nor less than five on the withdrawn amount. principal may be with union's consent given given, the withdrawn the interest on the Dunt, but shall not be (5) days of interest Withdrawal Without Penalty: Early withdrawal without penalty may be made upon the death or declaration of incompetency of any beneficial owner of the certif- icate. To authorize early withdrawal because of mental incompetency, a certi- fied copy of the court's order or decree must be presented to the credit union. Accounts insured to $100,000 by NCUA. NON-TRANSFERABLE X Credit Union Representative X Member's Signature. v X ( Joint Owner's Signature' E-1 WT bank STATEMENT PERIOD PAGE AUG.25-SEP.23,2005 2 OF 3 BRUCE A WALTER SR OR CARRYL L WALTER ..ACCOUNT BRUCE A WALTER SR M&T PERSONAL SAVINGS TITLE' OR CARRYL L WALTER ACCOUNT NO. 15004208556843 WEST SHORE PLAZA ACCOUNT SUMMARY BEGINNING. BALANCE DEPOSITS 8 OTHER ADDITIONS WITHDRAWALS -B OTHER SUBTRACTIONS CURRENT INTEREST PAID ENDING' BALANCE N0. AMOUNT NO. AMOUNT 8,529.06 0 0.00 2 8,505.00 1.29 25.35 ACCOUNT ACTIVITY -POSTING 'DATE TRANSACTION DESCRIPTION DEPOSITS, INTEREST- I OTHER ADDITIONS W/DRAWALS & OTHER SUBTRACTIONS DAILY_ BALANCE' 08-25-05 09-16-05 BEGINNING BALANCE WEB KFER TO CHK 00009834711930 /^?? 4 r .-_. """""",,, 8,500.00 $8,529.06 29.06 09-23-05 INTEREST PAYMEN ?- 0 000 1.29 09-23-05 SERVICE CHARGE 5.00 25.35 ENDING BALANCE 525.35 ANNUAL PERCENTAGE YIELD EARNED = 0.25 % THANK YOU FOR BANKING WITH US. AT MBT, WE DO EVERYTHING POSSIBLE TO EARN YOUR BUSINESS, AND MORE IMPORTANTLY, YOUR TRUST. FROM OUR BRANCH TELLERS AND MANAGERS TO THE PEOPLE BEHIND THE SCENES, OUR GOAL IS TO MAKE SURE THAT EVERY EXPERIENCE YOU RAVE WITH US IS A PLEASANT ONE. WE DO THIS BECAUSE WE WANT YOU TO FEEL APPRECIATED... SIMPLY BECAUSE YOU ARE. THANK YOU FROM ALL OF US AT MST BANK. L008A (1/03)- 84 ^' o ; -„ ? __? - -, _. ,;? ?J ? _ ) -= ._ ti\"1 [.,1 l r ? C) ..?J "" CARRYL L. WALTER Plaintiff V. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-253 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this L-7 day of October, 2005, following agreement of counsel for the parties, the hearing scheduled for October 19, 2005, at 11:45 p.m. in the above- captioned matter, is hereby rescheduled until Monday, October 31, 2005, at 1:30 p.m. in Courtroom #2 of the Cumberland County Courthouse 06disle, Pennsylvania. Edgar B. Bayley, J. ?O\L' i'i'i €+ 6 U TJI L 17 CARRYL L. WALTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-253 CIVIL TERM BRUCE A. WALTER, SR., CIVIL ACTION-LAW Defendant DIVORCE ORDER OF COURT {r? AND NOW, this day of October, 2005, upon consideration of the letter from counsel seeking a continuance, and it appearing that counsel for Carryl Walter has no '). Cz objection, the hearing set for October 31, 2005 at 1:30 PM in hereby continued to the day of YxJ k, 1 200 ? , in Court Room Number 2 of the Courthouse in Carlisle, Pennsylvania at o'clock M. BY THE COURT, /z , J. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT•LAW 26 W. High Street Carlisle, PA 1P CARRYL L. WALTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-253 CIVIL TERM BRUCE A. WALTER, SR., CIVIL ACTION-LAW Defendant DIVORCE ORDER OF COURT AND NOW, this J? day of November, 2005, upon consideration of the letter from SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA counsel seeking a continuance, and it appearing that counsel for Carryl Walter has no objection, the hearing set for December 28, 2005 at 9:30 AM in hereby continued to the first day of February, 2006, in Court Room Number 2 of the Courthouse in Carlisle, Pennsylvania at 1:30 o'clock PM. QV TWC: ("ni IDT ?' r- >;. N - ?t -- ,?- ?. ?` ...- ;a -l, ?: "- ..", ?;'? _ C? N r' ? CARRYL L. WALTER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE A. WALTER, SR., DEFENDANT 04-253 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2005, the hearing in this case currently scheduled for February 1, 2006, at 1:30 p.m., will be heard before Judge Ebert in Courtroom No. 5. By the Court, Edgar B. Bayley, J. Charles A. Rector, Esquire For Carryl L. Walter ?y Carol J. Lindsay, Esquire 0J For Bruce A. Walter, Sr. JW :sal ?S :I IN"! ?Z 3 O S007 3H1 3Q Z^!_1 - 0311) CARRYL L. WALTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-253 CIVIL TERM BRUCE A. WALTER, SR., CIVIL ACTION-LAW Defendant DIVORCE ORDER OF COURT AND NOW, this ZV?& day of February, 2006, upon consideration of the request of counsel, the hearing set for February 1, 2006 at 1:30 PM on the Petition to Reinstate Complaint in Divorce and for enforcement of a Court Order of May 18, 2004, attorney's fees and costs, is continued generally to be listed at the request of either party. BY THE COURT, qllj SAIDIS, FLOWER & LINDSAY ar R" kYS.Alt 26 West High Street Carlisle, PA c ? G t` n CARRYL L. WALTER Plaintiff V. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-253 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Caryl L. Walter, Plaintiff, moves the Court to appoint a Master with respect to the following claims (X) Divorce (X) Distribution of Property ( ) Annulment (X) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The non-moving party has appeared in the action by his counsel, Carol J. Lindsay, Esquire. 3. The statutory ground for divorce is 3301(c) or 3301(d). 4. The action is contested with respect to all the above claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. There is no additional information Date: Attorney for Plaintiff to th? motion. ire ORDER APPOINTING MASTER AND NOW, , 2006, Esquire is appointed Master with respect to the following claims: By the Court: J. CI D C. -Z:> T't C7- E - a t';;_ JUN 3 8 2006 cj/ CARRYL L. WALTER IN THE COURT OF COMMON P?ZM Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-253 CIVIL TERM BRUCE A. WALTER, SR., CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Carryl L. Walter, Plaintiff, moves the Court to appoint a Master with respect to the following claims (X) Divorce (X) Distribution of Property ( ) Annulment (X) Support ( X ) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The non-moving party has appeared in the action by his counsel, Carol J. Lindsay, Esquire. 3. The statutory ground for divorce is 3301(c) or 3301(d). 4. The action is contested with respect to all the above claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. There is no additional information relevMt to this motion. Date: cJ' uL Attorney for ORDER APPOINTING MASTER AND NOW, gL2V d,3 2006, JT Esquire is appointe aster with respect to the following claims: ' By Court: e7 ?Y? C? N ?i1 C U` r un {ti ?y -r M D .: eU n ,n qua ??f l-? ? 1 ? JlJ Y'b CARRYL L. WALTER, Plaintiff VS. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 253 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 6Cd?L- , 2006, on relation of Plaintiff's counsel that Plaintiff wishes to withdraw her motion for appointment of Master, and no counterclaims having been filed in the proceedings by the Defendant, the Plaintiff's request is granted and the appointment of the Master is vacated. BY TH"OURT, Edgar B. Bayley P. . cc: elliarles Rector Attorney for Plaintiff v6arol J. Lindsay Attorney for Defendant 4 CY) Eck N . cf Ott f z D i; i..c_ © , ra ' 23 U CARRYL L. WALTER Plaintiff V. BRUCE A. WALTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-253 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION OF CHARLES RECTOR. ESQUIRE FOR AUTHORIZATION TO RELEASE ESCROWED FUNDS AND SAFE DEPOSIT BOX KEYS TO PLAINTIFF AND NOW, comes the Moveant, Charles Rector, Esquire, and files the following in support of his Motion for Authorization to Release Escrowed Funds and Safe Deposit Box Keys to Plaintiff in the above-captioned matter: Moveant is Charles Rector, Esquire, attorney for the Plaintiff, Carryl L. Walter. 2. On September 29, 2005, Defendant, Bruce A. Walter, Sr., by and through his attorney, Carol J. Lindsay, Esquire, filed a Petition to Reinstate Complaint in Divorce and for Enforcement of Court Order of May 18, 2004, Attorney's Fees and Costs. 3. On September 29, 2005, the Honorable President Judge Edgar B. Bayley issued a Rule upon Plaintiff to show cause why the parties divorce action should not be reinstated and further Ordered that Plaintiff provide Moveant with cashiers checks for all monies previously removed by her from various marital bank accounts and for all keys to two (2) safe deposit boxes (See Exhibit "A" attached). 4. Plaintiff complied and Moveant continues to escrow monies at Metro Bank (formerly Commerce Bank) with a current balance of approximately $60,444.66, and the keys received from Plaintiff for two safe deposit boxes, which are retained in Moveant's office safe. 5. No further action was undertaken on the Rule Returnable, which matter was subsequently assigned to Judge Ebert and was continued generally by the Court upon agreement of the parties. See Exhibit "B" attached. 6. The parties undertook no further action in the case. 7. On Saturday, July 4, 2009, Defendant, Bruce J. Walter, Sr., departed this earthly life. 8. The parties were married at the time of Defendant's death. 9. Assuming arguendo that the Court had reinstated the Divorce Complaint, continuation of the divorce case following Husband's death could occur only if a bifurcated divorce decree had been granted (23 Pa.C.S.A. § 3324(c.1)) or additional grounds had been established prior to husband's death, none of which occurred in this case. 10. Section 3323(d.1) of the Pennsylvania Divorce Code states: "In the event one party dies during the course of divorce proceedings, no decree of divorce has been entered and grounds have been established as provided in subsection (g), the parties' economic rights and obligations arising under the marriage shall be determined under this part rather than under 20 Pa.C.S. (relating to decedents, estates and fiduciaries)." (23 Pa.C.S.A. § 3323(d.1)) 11. Section 3323(8) provides that: "For purposes of subsections (c.1) and (d.1), grounds are established as follows: (1) In the case of an action for divorce under section 3301(a) or (b) (relating to grounds for divorce), the court adopts a report of the master or makes its own findings that grounds for divorce exist. (2) In the case of an action under section 3301(c), both parties have filed affidavits of consent. (3) In the case of an action for divorce under section 3301(d), an affidavit has been filed and no counter-affidavit has been filed or, if a counter-affidavit has been filed denying the affidavit's averments, the court determines that the marriage is irretrievably broken and the parties have lived separate and apart for at least two years at the time of the filing of the affidavits." (23 Pa.C.S.A. § 3323(g)) 12. No Decree in Divorce was entered by the Court and no grounds for divorce were alleged or established by the parties pursuant to Section 3323(g) inasmuch as neither party filed a claim for divorce pursuant to 3301(a) or 3301(b) and neither party filed an Affidavit of Consent under 3301(c) or 3301(d). (23 Pa.C.S.A. § 3323(g)) 13. In the event that the parties' divorce action had been reinstated, the divorce action would have abated following the death of Defendant and personal representation could not have been substituted to continue the action. (See Matuszek v. Matuszek, 52 A.2d 381 (1947). 14. Plaintiff, as the surviving spouse, is exclusively entitled to return of the escrowed monies and the safe deposit box keys from Moveant. 15. Carol J. Lindsay, Esquire does not object to this Motion (See Exhibit "C" attached). WHEREFORE, Moveant respectfully requests your Honorable Court to Order the release of the escrowed monies and the return of safe deposit box keys to Plaintiff. RESPECTFULLY C es Rector, quire ID # 39121) 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the 15th day of July, 2009, 1 caused a true and correct copy of the within Motion to be served upon the following persons by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Carol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 W. High Street Carlisle, PA 17013 By: Charles Rector,Ktquir&--- 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: ;L I & i ??Date/Tine 5EP-29-2005(THU) 08:21i . 09/29/2005 09:27 7172436510 7172436510 P.002 SAIDIS SNUFF FLOWER PAGE 02/02 r1,; r? cry r °005 R: C 4 ? L V1 H 701 CARRYL L. WALTER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-253 CIVIL TERM BRUCE A. WALTER, SR., CIVIL ACTION-LAW Defendant DIVORCE MER OF COURT AND NOW, this day of'-.j*V , 2005, upon consideration of the within Petition a Rule is issued on the Respondre?pt -?to show cause why the Divorce should not be reinstated, why Plaintiff should not be held in contempt oft is Court's Order of May 18, 2004 and ordered to return into control of the Defendant all of the assets which she removed from joint accounts as set out in the Court's Order of May 18, 2004. Rule returnable at a hearing schedule for the I q day of (9Cf a LP.!/, ; , 2005, in Court Room Number 2 of the Courthouse in Carlisle, Pennsylvania at It = q5 o'clock , M. Pending the hearing, Plaintiff is ordered to provide to her counsel cashier's checks for all amounts taken from Waypoint, Sovereign. Americhoice Federal Credit Union and M&T Bank accounts or certificates of deposit subsequent to May 18, 2004 and provide to her counsel immediately keys to the two safe deposit boxes, one at M&T and one at Waypoint and any of the contents of those boxes which she has removed since May 18, 2004. BY THE COURT, SAIDIS SNUFF, FLOC & LINDSAY A ATI,AW 26 W. M& Sam Cw We, PA T RUE COPY RECORD in ;grit, ? ?vS-gT t, I IWe cqW Set t?+11' hard and rise so-' of card Ccwrt at Catlia S fi 4L1 y a ! % F Ali'1,: rv a r ry CARRYL L. WALTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-253 CIVIL TERM BRUCE A. WALTER, SR., CIVIL ACTION-LAW Defendant DIVORCE ORDER OF COURT AND NOW, this a A4?_ day of February, 2006, upon consideration of the request of counsel, the hearing set for February 1, 2006 at 1:30 PM on the Petition to Reinstate Complaint in Divorce and for enforcement of a Court Order of May 18, 2004, attorney's fees and costs, is continued generally to be listed at the request of either party. BY THE COURT, J. SAIDIS, FLOWER & ATIONW&W- 26 West High Street Carlisle, PA 2 ev• 14ti t.?? EXHIEN Kx uateiiime JUL-Ia-[uuyllutl 1J:UG 11(fajbn1U 07/14/2009 14:16 7172436510 SAIDIS FLOWER & LIND LAW oF11CES S AIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET' JOHN E. SL= CA.RUSLJ, PENNSYLVANIA 17013 ROBERT C SAIDIS TELEPHONE- (?17) 2436222 - FACSIMILE: (717) 243-086 JAMES D. PLOWER, JR BMAXU att0rney4%fi-Iaw.c0m CAROL J. UNDSAY www.sfl-likw.com JOHN B. LAMPI DANIEL L SUUJVAN ALBEW K MASLAND DEAN E. RUMOSA THOMAS E. FLOWER MARYLOU MATAS JASON L. KIISO July 13, ?009 r. UU i PAGE 01/01 CAMP HILL OFFICE: 2109 MARKET STREET CAMP MU.., PA 1?M 1 TELEPHONE: (717)737-3405 FACSIMILE (717)737-3407 REPLY TO CARLISLE Charles A. Rector, Esquire 1104 Femwood Avenue Suite 203 Camp Hill, PA 17011 Re: Walter v. Walter Dear Charlie- I am in receipt of your letter of July 10, 2009 and have reviewed the file. appears that all the monies that Carryl Walter withdrew, and which you presently hold in escroMw, were taken from joint accounts and therefore 1 cannot oppose the relief you request in your Motion for authorization to release escrowed funds and safe deposit keys to Ms_ Walter, Very truly yours, SAIDIS, FLOWER & LIN SAI, i Carol J. Lindsay E re CJUbes cc: Thomas Flower, Esquire -el, I I "4'r° .;a 7 FILE; C R114LC p, 20 0 JUL 15 M 6: 02 JUL 16 2009 /1,- CARRYL L. WALTER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-253 CIVIL TERM BRUCE A. WALTER, SR., CIVIL ACTION - LAW Defendant IN DIVORCE ORDER AND NOW, this Oday of July, 2009, upon consideration of the Motion of Charles Rector, Esquire for Authorization to Release Escrowed Monies and Safe Deposit Box Keys to Plaintiff, it is hereby Ordered and Directed that: 1. The previous Order of Court dated September 29, 2005, is vacated. 2. Charles Rector, Esquire, counsel for Plaintiff, Carryl L. Walter, is hereby authorized to release all escrowed monies and return safe deposit box keys to Plaintiff. C ins ? ?C?o 09 D"' THE ARM 2 0 0 9 JJ' 1 6 Fit 41 U- r ?C