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HomeMy WebLinkAbout10-49050 ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2010- ESTATE OF JAMES M. CIVIL ACTION-IN EQUITY ORLOWSKY, by and through its personal representatives, Jaime Lee and Shaine Capone, JAIME LEE r' SHAINE CAPONE AND Y' CAROLE SALES, 7M Defendant Q-2 NOTICE - :u You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK, Plaintiff V. ESTATE OF JAMES M. ORLOWSKY, by and through its personal representatives, Jaime Lee and Shaine Capone, JAIME LEE SHAINE CAPONE AND CAROLE SALES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- y f Q ? CIVIL ACTION-IN EQUITY COMPLAINT FOR DECLARATORY JUDGMENT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, BARIC SCHERER, and files the within Complaint for Declaratory Judgment and, in support thereof, sets forth the following: 1. Plaintiff, Orrstown Bank, ("Orrstown") is a Pennsylvania corporation with a principal place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. James M. Orlowsky passed away on April 18, 2010 and an estate was opened with the Register of Wills of Cumberland County for James M. Orlowsky on May 14, 2010 docketed to No. 21-10-0503. 3. Letters of Administration were issued to Jaime Lee and Shaine Capone, daughters of the decedent, by the Register of Wills. 4. Jaime Lee is an adult individual with a residence address of 1124 Keokuk Terrace NE, Leesburg, Virginia 20176-6665. 5. Shaine Capone is an adult individual with a residence address of 8201 Sandpoint Boulevard, Orlando, Florida 32819-7252. 6. Carole Sales is an adult individual with a residence address of 54463 Aurora Pike, Shelby Township, Michigan 48316. 7. In May and June of 2007, James Orlowsky opened two (2) accounts at Orrstown Bank being Platinum Money Market Accounts, account numbers xxxxxx871 and xxxxxx914. 8. James Orlowsky deposited funds with Orrstown Bank for the above referenced accounts. 9. At the time of creating these accounts, James Orlowsky executed temporary account cards. True and correct copies of these Account Cards are attached hereto as Exhibits "A" and "B" and are incorporated by reference. 10. On Platinum Money Market Account xxxxxx914, Carol Sales was listed as being a joint tenant with right of survivorship. 11. On Platinum Money Market Account xxxxxx871, Jaime Lee was listed as being a joint tenant with right of survivorship. 12. Neither Jaime Lee nor Carol Sales ever signed the Account Cards. 13. The sole heirs under the Last Will and Testament of James Orlowsky are Jaime Lee and Shaine Capone. 14. An issue has arisen as to the right of ownership for the funds held by Orrstown Bank in the Platinum Money Market accounts. 15. Without a determination by this Court as to the right of ownership for the funds held by Orrstown Bank in the Platinum Money Market accounts, Orrstown Bank could be held accountable for multiple payment of the same funds to either the estate of James Orlowsky or the respective joint tenants of the accounts. WHEREFORE, Orrstown Bank respectfully requests this Court issue an Order determining the rightful owner(s) of the Platinum Money Market accounts and directing Orrstown Bank to make payment of the funds on account to the rightful owner(s) and such other and further relief as this Court may deem just and proper. Date: ?? Respectfully submitted, B C SCHERE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Orrstown Bank 07/14/2010 13:37 7172495755 OBS PAGE 06 The statements in the foregoing Complaint For Declaratory Judgment are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 unworn falsifications to authorities. DATE:S JO Anita Keller Orrstown Bards -Orrstown Bank North Middleton Branch 2250 Spring Rd Carlisle. PA 17013 (866) 624-4229 Br: 43 OWNERSHIP OF ACCOUNT - PERSONAL PURPOSE ? INDIVIDUAL ? JOINT - WITH SURVIVORSHIP lend not as Iensnts h) coanmenl ? JOINT - NO SURVIVORSHIP Iaa tenants in common) ? TRUST - SEPARATE AOREEMI:NT: ? REVOCABLE TRUST DESIGNATION AS DEFINED IN THIS AGREEMENT Name and Address of Beneficiaries: Combine: Y 143000869+ OWNERSHIP OF ACCOUNT - BUSINESS PURPOSE ? SOLE PROPRIETORSHIP ?l-l CORPORATION: © FOR PROFIT ? NOT FOR PROFIT LI PARTNERSHIP BUSINESS: COUNTY & STATE OF ORGANIZATION: AUTHORIZATION DATED: DATE OPENED 05/24/07 By Cazol A Ramp INITIAL DEPOSIT s 90, 000 - 00 ? CASH ® CHECK ? HOME TELEPHONE # (717) 243-7649 BUSINESS PHONE # (999) 999-9999-- DRIVER'S LICENSE # 0642367585260-- _ E-MAIL EMPLOYERRetired from FDIC _ MOTHER'S MAIOCN NAME PAWLOWSKI r Name and address 01 Someone who will always know your location: BACKUP WITHHOLDING CERTIFICATIONS TIN:- 383-40-0536 Q TAXPAYER I.D. NUMBER - The Taxpayer Idendfioatlon Number shown above (TIN) Is my corroct taxpayer Identification number. ® BACKUP WITHHOLDING - I am not subject to backup withholding either because I have not been notitiod that I am subject to backup withholding as a result of a failure to report all interest or dividends, or the Internal Revenue Service has notified ma chat 1 am no longer subject to backup witliholding. 0 EXEMPT RECIPIENTS - I am an exempt recipient under the Internal Revenue Service Regulations. SIGNATURE: I certify under pwlties of perjury the statements checked in this section and that I am a U.S. perse (t Ing a U.S. resident alien) 01902 BaMers SyStsma. Inc.. St. Clcud. MN Fuml MP5C-LAZ•PA 11!1912004 CIF# aAAOlOe ACCOUNT NUMBER 143000871 Platinum Money Market Account ACCOUNT OWNERISI NAME & AVORESr' James M Orlowsky Jaime Lee- 55 West View.. Carlisle PA 17013^" Ll NEW TYPE OF Z CHECKING SAVINGS ACCOUNT ? MONEY MARKET ? CERTIFICATE OF DEPOSIT ? NOW ? This is your (check one): 91 Permanent ? Temporary account agreement. Number of signatures required for withdrawal FACSIMILE SIGNATURE(S) ALLOWED? ? YES NO IX I SIGNATURE(S) - The undersigned agree to the terms stated on every page of this form and acknowledge receipt of a completed copy. The undersigned further authorize the finsi tcial ins0tution to verity credit and employment history and/or have a credit reporting agency prepare a credit report on the undersigned, as Individuals. The undersigned also acknowledge the receipt of a copy and agree to the terms of the following disclosure(s): ® Deposit Account ® Funds Availability ® Truth in Savings ® Electronic Fund Transfers ® Privacy ? Substitute Checks James M Orlowsky P.# 383-40-0536 ,,, D.O.S. 04/02/42 (2). LX Jaime Lee Ip # 376-78-0723 D.O.B. 06/29/75 131: ? ] I.O. # D.O.B-+f W .. 14): [X ] • r l.D. ,7 ? Awho.ircd Signer (individual ACCovott Only) [X I I.P.# D.O. rparyo I of.,', EXHIBIT "A" P Qbfrstown Bank 'North Middleton Branch 2250 Spring Rd Carlisle, PA 17013 (866) 624-4229 Br: 43 OWNERSHIP OF ACCOUNT - PERSONAL PURPOSE ? INDIVIDUAL ? ® JOINT - WITH SURVIVORSHIP land not as tenants let common) ? JOINT, NO SURVIVORSHIP (as twwta in communl ? TRUST-SEPARATE AGREEMENT: O REVOCABLE TRUST DESIGNATION AS DEFINED IN THIS AGREEMENT Name and Address of Beneficiaries: Combine: N OWNERSHIP OF ACCOUNT - BUSINESS PURPOSE ? SOLE PROPRIETORSHIP --rr ? CORPORATION: ? FOR PROFIT ?I- IJ NOT FOR PROFIT CJ PARTNERSHIP BUSINESS: COUNTY & OF ORGAN TION: AUTHORIZATION DATED: DATE OPENED 07/02/07 gy Carol A Ramp _ INITIAL DEPOSIT s 26,229.98 ? CASH r 12 CHECK ? HOME TELEPHONE 0 (717) 243-7649 BUSINESS PHONE # (999) 999-9999 DRIVER'S LICENSE # 0642367585260 E-MAIL r;MPLOYERReEired from FDIC MOTHER'S MAIDEN NAME PAWLOWSKY 1 Name and address of someone who will always know your location: _- BACKUP WITHHOLDING CERTIFICATIONS TIN:- 383-40-0536 © TAXPAYER I.D. NUMBER - The Taxpayer Identification Number shown above (TIN) is my correct taxpayer identification number. ® BACKUP WITHHOLDINGS - 1 am not subject to backup withholding elthor because 1 have not boon notified that I am subject to backup withholding as a result of a failure to report all interest or dividends, or the Internal Revenue Service has notiflod me that I am no longer subject to backup withholding. ? EXEMPT RECIPIENTS - I am an oxampt recipient under the Internal Revenue Service Regulations. SIGNATURE: I cw ify ender pAnldt< oI perjury the statements chacked in this section ono that I am a U.S. pe n l) IIa a 1LS. resident ¦Uen). 07892 0ankers $Ysteiyfs, I,uo.. St. Clrnrd. MN Form MI'T,C-LAZ•PA 4/19/2004 CIF# OAA0108 ACCOUNT NUMBER 143000914 Platinum Moa Market Account ACCOUNT OWNER(S) NAME & ADDRESS James M arlowsky Caro 55 West View e' Carlisle PA 17013/ ® NEW L CA10141vu TYPE OF F?S] CHECKING ? SAVINGS ACCOUNT ? MONEY MARKET ? CERTIFICATE OF DEPOSIT ? NOW ? This Is your Icheck one): © Pormanent ? Tomporary account agreomont. Number of signatures required for withdrawal 1 FACSIMILE SIGNATURE(S) ALLOWED? ? YES 91 NO [X SIGNATURE(S) - The undersigned se to the terms stated on every page of this form and acknowledge ce1j t of a completed copy. TM undersigned further authorize the nclal institution to verifredit and employment history and/or have ¦ credit reporting agency prepare a credit report on the undersigned, as Individuals. The undersigned also acknowledge the receipt of a copy and agree to the terms of the following dieclosureieI: 91 Deposit Account ® Funds Availability IN Truth In Savings ® Electronic Fund Transfers ® Privacy ? Substitute Checks 111: LX ? L,?.???r' James M owS Irp # 383-4 6. pOg 04/02/42 I2): LX Carole Sales t.D. # 370-42-8458 -' D.O.B. 07/16/44_ (31: Lx J I.D. # I. IX I.D. # O.O.B. ?Authorized Signer (lndlviduaf Accounts Only) IX I.D.# D.O.D. EXHIBIT t1B" (Page I of 21 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~tv at ~ ua~6p~,t ~ T~ ~:: ~ • ; ., Jody S Smith 4 , ~~. ~ , ~ ~ e~ ~ i~'VG (T F}/t~ (~•• t3 Chief Deputy ~ , ~:~. 1 ~ ~ Q ~ i r, + ~ ~ ~ s . i Richard W Stewart '~~~* °~^°~ Solicitor s~Flcr oFTwe s~Ea}FF ~;,'t `~ - ,k. ~,,,~,-;,_ ..~ - . 4 ~ '~ Orrstown Bank vs. Cast Number Jamie Lee (et al.) 2010-4905 SHERIFF'S RETURN OF SERVICE 08/04/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint in Equity by certified mail, return receipt requested to Jamie Lee. 08/04/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint in Equity by certified mail, return receipt requested to Jamie Lee, personal representative of the Estate of James M. Orlowsky. 08/04/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint in Equity by certified mail, return receipt requested to Shaine Capone. 08/04/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint in Equity by cert~ed mail, return receipt requested to Shaine Capone, personal representative of the Estate of James M. Orlowsky. 08/04/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint in Equity by cert~ed mail, return receipt requested to Carole Sales. 08/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint in Equity upon the within named defendant, Carole Sales, in the following manner. On August 4, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint in Equity to the defendant's last known address of 54463 Aurora Pike, Shelby Township, MI 48316. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by J. Sales on August 7, 2010. 08/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint in Equity upon the within named defendant, Jamie Lee, personal representative of the Estate of James M. Orlowsky, in the following manner: On August 4, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint in Equity to the defendant's last known address of 1124 Keokuk Terrace NE, Leesburg, VA 20176. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Jamie Lee on August 10, 2010. 08/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint in Equity upon the within named defendant, Jamie Lee, in the following manner. On August 4, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint in Equity to the defendant's last known address of 1124 Keokuk Terrace NE, Leesburg, VA 20176. The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by Jamie Lee on August 10, 2010. 08/11/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint in Equity upon the within named defendant, Shaine Capone, personal representative of the Estate of James M. Orlowsky, in the following manner: On August 4, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint in Equity to the defendant's last known address of 8201 Sandpoint Boulevard, Orlando, FL 32819. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Michael V. Capone on August 11, 2010. 08/11/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint in Equity upon the within named defendant, Shaine Capone, in the following manner: On August 4, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint in Equity to the defendant's last known address of 8201 Sandpoint Boulevard, Orlando, FL 32819. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Michael V. Capone on August 11, 2010. (c} CountySuile Shenff. Teleosoft, Inc. SHERIFF COST: $120.55 August 16, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft, Inc. ^ Pdnt yar nuns and addnia an the t~a~afM4, so tfMt we can es4,m the card to you. , card to the beat d ns , ~ff~ 1 ," ~: Sales 5 Aurora Pike 5 Township, MI 48315 ' ^ adore D. Is Yki~y address dNfaerK from Poem 1? ^ Yes K YE3, eater delivery address below: ^ No i ~~4~~0 meant In E0.~1 3. Servlos lyps v c:ertan.d Man o Express Mau ^ RepNbrod O Retum Receipt for Mercfrendise ^ Inerred Mail ^ C.O.D. 2 010 - 4 9 0 5 4• Resa~esa osiWery~ (~ ~1 ^ Yes z. arlid.Ntr~b.r 7pD6 D81a ppp0 7881 7892 (naraAer lirwne.rrtorriMtia~ PS Farm 3811., Februgr~r2ooa owrAnre RMrn ~eoeipt ,ozsa~-al-r~a,s,o , comp. tea. ,. ~:.~t s.,«, ~np~e~-~ .. .~~. ^ P~E~cur nerrre.rrd adriroes on the reverse so thtat w+e cane ratUrn the oard do you. ^ Attach this nand to the back of the a on the front K aperse permits. ~. Artlcis Addressed to: Jamie Lee 1124 Keokuk Terrace NE Leesburg, VA 20176 X ~ce~f,Y t l1A ~i '~ ~~f~' ~ I C. DatelD - Ib ddlvery erl~aas dMtaror~t 1}an iEem ~? D Yes H YES. ember deNvery eddreee t~etow: ^ No S. 8srvioe type o arna.a r~tii o E ~ ~ R.pieberea o Ream Receipt for Mera,~na~e v ~,r.a tali ^ c.o.s. 2 010 - 4 9 0 5 a. Restrfceed DeNrery? (EYcbra Fee) ^ Yes i. Attldet+lurnber 7DD6 DBZD ODDD 7881 7922 (>fenet4r tnxn eervke 1ebe4 P3 Form=3$1 ~ s Doe~.elic Relum lboNpt t-w+-iseo r IOatiis 1. $ and 3. Aho compNts Near 4 tt R~IrMr11Md tkrMvarY w dseirsd. ~ t~rMrt your rrarrrs arxi ailbess orr ~ reveres eo thrt we caan ~Murn ure ard.to,rou. ~ a.ra wtn. b.dc~~re . ct at the ltssrt ~ space pemnib. -- t. ArUole /kidreeaed ta: Jaime Lee, persohal repres o£ the Estate of James M. Orlowsky 11..24 Keokuk Terrace NE Leesburg, VA 20176 2010-4905 2 Artbde NurnbM'. Ps Form 3811. ~Y f00t X D. Y deirw+y address dr~IMelit flOm item 1? O No M YES, enter deYrery addroes below: 7tdtlVe S. 8ervbe 7Ype 0 o«tie.a ~ v ~... tdeli ~ Aeoiwea ~ Heaurr to ~Aar+drarrdfee O &rereed Meq O G.O.D. a. Fieebriceed DeMwry? ~SCtrs Ir+e) D lAes 70D6 D81Q OODD 7881 79D8 ^_____+_ trannello t?MIUr+Mwiit ioe~a2-M-~eao '~1~io 1~~~ ~4"~"I ^ iEaras i,.2, and 3. Irtao leem 4 ~ Re~iclnd (~~rY b de~Ned. ^ Prlnt yo>r name and arlClaae on the reverse ao that we cxm ret~xn the crd to you. ^ Atteeh this oani tD ttw bade d t#re nmNpiece, or? on the front ff apaos penults. 1. /lddrasssd to: Sh~.ne Capone, personal r1 tht~.r Estate of James M. Or: 8201. Sandpoint Boulevard Orleindo, FL 32819 3. Service lypa 0 oertnrsd ~ o Expnas i~au CI Fleyitaed D Fiewrn ~ AAsrdletrdlee O krausd Map O c.o.D. 2010-4905 4• Ds~"r~~"~ ~~ 2. Amide PkMnbor ; `~rrruieaiwn~air+rlee~ ° 7 D 0 6 O 81 D DODO 7 8 81 7 915 PB Fam 3811, FebnearY 2004 oom.eAie 11e1mn 14ne~lt iaa¢-ti+-,s~o a Maim 4~~ end 3.11No oonipMts DeNrery Is d.sMecl. ^ hrkrt yoNr rwlnie and addrees on the re+reres so that vMa can nMeni the card to you. ^ At4ch this card to ttie back od the rrwNpieoe, or ~ tl,e n epaoe psmlits. ~. Artkis Addwaasd to: Shaine Capone 8201 Sandpoint Boulevard Orlando, FL 32819 x010-4905 2. Artlde frfun~er ~,,.~,~. ~~ 0 Apern X _ D Addreeaas r ` t ~. Is d.IMery address dMNient >1rom Item ~ 7 ^ Ybs a YES, enEer dalMery address below: ^ No of sky Apart aaia•~b.~. ! / U ~- la deNvery addiaas dNfuerd eom Ilerr-1? ^ Yea H YES. error dsMvery addraae bsbw: ^ No a'~Ce~lfad~IrhN D NaM D iM~/alered O t7epnr Recel~t for Mercfwrrdlse D 4rMnd MaN D C.QD. 4. RNtrfcfed.t)aNveryt (EkEra ~ ^ Yes _* 7Da~ Da1D aaDD 7aa1 7939 P3 Fam 3811, r-ebruary 2004 cM,n„~ac ,a.~s,o .~ .r ORRSTOWN BANK, : Plaintiff . v. ESTATE OF JAMES M. : ORLOWSKY, by and through its personal representatives, Jaime Lee and Shaine Capone, JAIME LEE SHAINE CAPONE AND CAROLE SALES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010-4905 CIVIL ACTION-IN EQUITY 0 A ~~ F c~~ ~ N ,~ ~ r ~- ~~ -v =~-+ ' ~~ _ N ~~ -; MOTION TO SET A BEARING AND NOW, comes the Plaintiff, Orrstown Bank by and through its attorneys, Baric Scherer and respectfully represents as follows: 1. On July 27, 2010, Plaintiff filed a Complaint For Declaratory Judgment. 2. To date, no response has been filed by the Defendants. 3. No judge has ruled on any issue in this case. WHEREFORE, Plaintiff, Orrstown Bank requests that this Honorable Court set a hearing in this matter. Respectfully submitted, BARIC SC RER < < David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I 1 CERTIFICATE OF SERVICE I hereby certify that on September ~ , 2010, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of the Motion To Set A Hearing, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Carole Sales 54463 Aurora Pike Shelby Township, MI 48316 Shaine Capone 8201 Sandpoint Boulevard Orlando, FL 32819 Jamie Lee 1124 Keokuk Terrace NE Leesburg, VA 20176 1~, David A. Baric, Esquire ~- ORRSTOWN BANK, Plaintiff v. BY THE COURT, %y~ w ~o ICES /rL~t~ ~.~ J , ~.~ ~ . ~~~. C . S'~ Lis c~~g~~o ~~ ESTATE OF JAMES M. . ORLOWSKY, by and through its personal representatives, Jaime Lee and Shaine Capone, JAIME LEE SHAINE CAPONE AND . CAROLE SALES, Defendant SEP 0 3 2010 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,~~._., i ~ ~UIU NO.2010-4905 CIVIL ACTION-IN EQUITY ..,~ C_n ~~~ ~ r7 J <~' -c, ~~ ~ ao Q ORDER OF COURT AND NOW, this ~ day of ~ ~ 2010, upon consideration of the within Motion To Set A Hearing, a hearing is set for ' ,the ~ ~~ day of 2010, at ! ~ ~ a.m./p-n'r in Courtroom No. _,~._ of the Cumberland County Courthouse, Carlisle, Pennsylvania. -gin ?~ -~_~r3 a , ORRSTOWN BANK, PLAINTIFF V. ESTATE OF JAMES M. ORLOWSKY, by and through its personal representatives, Jaime Lee and Shaine Capone, JAIME LEE SHAINE CAPONE AND CAROLE SALES, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-4905 CIVIL TERM IN RE: DECLARATORY JUDGMENT C",$ ? 0 -n _ can' rte- `? ?` rn ORDER OF COURT AND NOW, this day of November, 2010, we resolve Plaintiff, Orrstown Bank's complaint for declaratory judgment as follows: the funds in the Decedent's joint accounts do not form part of the estate, they are the property of the listed joint owners with rights of survivorship. Plaintiff shall remit the funds to the listed joint owners at their request. By the Court, David A. Baric, Esquire For Plaintiff Jacqueline Verney, Esquire For Estate of James M. Orlowsky arole Sales 54463 Aurora Pike Shelby Township, MI 48316 Albert H. Masland, J. 10-4905 CIVIL TERM L ee ?'Inl 124 Keokuk Terrace NE Leesburg, VA 20176 sine Capone 8201 Sandpoint Boulevard Orlando, FL 32819 :saa COP t£s ma, LL =irk ORRSTOWN BANK, PLAINTIFF V. ESTATE OF JAMES M. ORLOWSKY, by and through its personal representatives, Jaime Lee and Shaine Capone, JAIME LEE SHAINE CAPONE AND CAROLE SALES, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-4905 CIVIL TERM IN RE: DECLARATORY JUDGMENT OPINION AND ORDER OF COURT Masland, J., November 18, 2010:-- In this complaint for declaratory judgment, Plaintiff, Orrstown Bank, sues the estate of James M. Orlowsky (Decedent) and three others, Jaime Lee, Shaine Capone, and Carole Sales. Plaintiff asks the court to determine the right of ownership for funds it holds in two money market accounts opened by decedent listing Ms. Lee and Ms. Sales as joint owners with the right of survivorship, respectively. Upon review, we conclude the funds are the property of the listed joint owners, not part of the estate. 1. Background In 1988, Decedent executed a will that divided his estate equally between his daughters, Ms. Lee and Ms. Capone. Pl.'s Ex. 3, Art. IV. Then, in 2007, Decedent opened two money market accounts with the Plaintiff bank. The first account notes an initial deposit of $90,000.00 and lists Ms. Lee as a joint owner with the right of survivorship. Pl.'s Ex. 1. The second had an initial deposit of 10-4905 CIVIL TERM $26,229.98 and lists Ms. Sales, Decedent's sister, as a joint owner with the right of survivorship. Pl.'s Ex. 2. The paperwork from these accounts indicates unequivocally that Decedent intended these accounts to be joint accounts with the right of survivorship. There is, however, a minor irregularity in the paperwork relating to the signature card. Both signature cards clearly indicate Decedent's name, signature, taxpayer identification number, and date of birth. The signature cards contain the same information about the named joint owners but omits their signatures with notations indicating that they are temporary signature cards. II. Discussion Any dispute over the ownership of the joint account funds derives from two issues: (1) whether the terms of the will may override the right of survivorship created by the joint accounts; and (2) whether the joint owners' failure to sign the joint account signature cards renders the accounts invalid. A. Will Our Supreme Court recently clarified whether joint accounts form part of a decedent's estate and what effect seemingly contrary will terms have on the interpretation of these accounts. In re Novosie/ski, 992 A.2d 89 (Pa. 2010), our Supreme Court roundly rejected past Superior Court cases that effectively interpreted joint account agreements in pari materia with preexisting wills. Instead, the Court refocused emphasis on the scheme known as the Multiple Part Account Act (MPAA). Specifically, the Court noted: Any sum remaining on deposit at the death of a party to a joint account belongs to the surviving party or -2- 10-4905 CIVIL TERM parties as against the estate of the decedent unless there is clear and convincing evidence of a different intent at the time the account is created. 20 Pa. C.S. §6304(a) (emphasis added). This statutory presumption is not subordinate to a decedent's will. Novosielski, 992 A.2d at 101. "Indeed, the MPAA clearly evinces a legislative intent that joint accounts are to be generally governed and interpreted separate and apart from provisions governing wills." Id. Nonetheless, the terms of a decedent's will may be considered "in the appropriate case and in conjunction with other relevant evidence" to determine whether the statutory presumption of survivorship has been overridden by clear and convincing evidence. Id. at 102. However, a court may not find the presumption overridden merely because a preexisting will details a distribution scheme that conflicts with one arising from a subsequently created joint account. Id. Here, Decedent's will distributes his estate equally between his daughters, Ms. Lee and Ms. Capone. Meanwhile, the joint accounts appear to carve out separate amounts for Ms. Lee and Ms. Sales, Decedent's sister. At hearing, there was no evidence introduced beyond the will to overcome the statutory presumption that Decedent intended to create joint accounts with the right of survivorship. Accordingly, so long as the joint accounts are not defeated by the lack of signatures by Ms. Lee and Ms. Sales, the funds contained therein belong to those named survivors and are not part of the estate. 20 Pa. C.S. §6304(a); Novosielski, 992 A. 2d at 101. -3- 10-4905 CIVIL TERM B. Missing Signatures Here, the accounts in question are defined by the MPAA as multiple party accounts. 20 Pa. C.S. §6301. The MPAA then defines party, in relevant part, as "a person who, by the terms of the account, has a present right subject to request, to payment from a multiple-party account." 20 Pa. C.S. §6301. Based on these definitions and Decedent's clear intent indicated by the account paperwork, we conclude that Ms. Lee and Ms. Sales are parties to their respective joint accounts notwithstanding their failure to sign the signature cards. To reiterate, a review of the joint account paperwork leaves no question regarding Decedent's intentions at the time of account creation. He clearly intended to create joint accounts with the right of survivorship in Ms. Lee and Ms. Sales. He did so by indicating the type of account he was creating and by designating the joint owners by name, taxpayer identification number, and date of birth. Further, at hearing, bank officials testified that if Ms. Lee or Ms. Sales came to a branch office seeking to withdraw funds from the joint accounts, they would be permitted to do so, provided they verified their identities and confirmed the request with Decedent. Thus, because they had the right to withdraw funds from the account, notwithstanding their failure to sign the signature card, they are parties to the account. Accordingly, the joint accounts are valid. III. Conclusion In sum, the distribution scheme in Decedent's will does not provide clear and convincing evidence to rebut the statutory presumption that he intended the -4- 10-4905 CIVIL TERM funds included in the joint accounts with the right of survivorship be excluded from his estate. Further, the joint accounts are valid because Ms. Lee and Ms. Sales satisfy the statutory definition for a party to a multiple party account. Therefore, the joint account funds are not part of the estate and the Plaintiff bank is directed to remit the sums to Ms. Lee and Ms. Sales, respectively, upon their request. ORDER OF COURT AND NOW, this /v day of November, 2010, we resolve Plaintiff, Orrstown Bank's complaint for declaratory judgment as follows: the funds in the Decedent's joint accounts do not form part of the estate, they are the property of the listed joint owners with rights of survivorship. Plaintiff shall remit the funds to the listed joint owners at their request. By the Court, Albert H. Maslan , J. David A. Baric, Esquire For Plaintiff Jacqueline Verney, Esquire For Estate of James M. Orlowsky Carole Sales 54463 Aurora Pike Shelby Township, MI 48316 Jaime Lee 1124 Keokuk Terrace NE Leesburg, VA 20176 -5- 10-4905 CIVIL TERM Shaine Capone 8201 Sandpoint Boulevard Orlando, FL 32819 :saa -6- i 1 ? ORRSTOWN BANK, Plaintiff V. ; ESTATE OF JAMES M. ORLOWSKY, by and through its personal representatives, Jaime Lee and Shaine Capone, JAIME LEE SHAINE CAPONE AND CAROLE SALES, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4905 CIVIL ACTION-IN EQUITY PRAECIPE TO CONFIRM ACCOUNTING Plaintiff, Orrstown Bank, has disbursed the funds in this matter in accordance with the Order of Court dated November 18, 2010. Date: D Respectfully submitted, B C SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on March I I , 2011, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of the Praecipe To Confirm Accounting, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Carole Sales 54463 Aurora Pike Shelby Township, MI 48316 Jamie Lee 1124 Keokuk Terrace NE Leesburg, VA 20176 Shaine Capone 8201 Sandpoint Boulevard Orlando, FL 32819 Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 David A. Baric, Esquire