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NORMAN K. MCDANEL v. EVELYN C. MCDANEL (03/31/77)

decided: March 31, 1977.

NORMAN K. MCDANEL
v.
EVELYN C. MCDANEL, APPELLANT



Appeal from the Order and Decree of the Court of Common Pleas of the Thirty-seventh Judicial District of Pennsylvania, Warren County Branch, Civil Division, at No. 112 May Term, 1971. No. 497 April Term, 1975.

COUNSEL

Richard A. Leuthold, Warren, for appellant.

H. Robert Hampson, Warren, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ.

Author: Watkins

[ 246 Pa. Super. Page 369]

This is an appeal from the order and decree of the Court of Common Pleas of Warren County, sitting in equity, by which the court directed that the defendant-appellant, Evelyn McDanel, pay to the plaintiff-appellee, Norman K. McDanel, the sum of $2,749.53, representing one-half of a savings account deposited in the Warren National Bank.

The plaintiff-husband and the defendant-wife were married on June 2, 1962. At the time of the marriage the defendant owned a savings account at the Warren National Bank. In November, 1963, the defendant went to the bank and had plaintiff's name added to the account. Defendant brought home a bank signature card, had her husband sign it, and returned it to the bank.

The plaintiff also had several assets held in his name alone converted to joint property. This included the transfer of a home into both names, as well as, the transfer of a checking account to both names. This was done in February of 1963.

In July of 1968 the parties experienced marital difficulties which resulted in divorce on February 9, 1970. In October of 1968 the plaintiff closed out the checking account and the defendant went to the bank and had her husband's name removed from the joint account. She closed out the account on December 3, 1968 at which time the balance amounted to $5,499.07.

On July 14, 1971, the plaintiff filed an action in equity seeking an accounting with respect to the savings account. Plaintiff's position is that the savings account was joint property and as such he was entitled to one-half

[ 246 Pa. Super. Page 370]

    of the value of the account. The defendant denied that it was a joint account, alleging that she never intended to give one-half of the account to him but that its purpose was solely for convenience.

A hearing was held on December 8, 1971. At the hearing the defendant showed that the plaintiff never contributed anything to the savings account and stated that she never intended a ...


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