NJSBA Family Law Section

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  • 1.  Freezing PA account / OSC

    Posted 01-05-2015 01:29 PM


    Client just discovered that spouse diverted significant funds from marital business into a hidden personal account.  Spouse opened account at a small Pennsylvania bank with no NJ branches.

    We have enough evidence / proofs to seek an order to show cause to freeze the account.  Generally, in past cases, I've had an OSC entered and the bank has respected it (even though, technically, the bank isn't a party to the suit).

    I'm nervous about proceeding this way since it's a PA bank.  Is there any difference?  Anything (aside from sending this case to an attorney admitted in both states if it doesn't immediately settle when the proofs are put on the table) additional that could/should be done for a PA-only bank?

    Thanks.


    ------------------------------
    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
     www.FamilyLawNJ.pro
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  • 2.  RE: Freezing PA account / OSC

    Posted 01-05-2015 01:36 PM
    Hi Dave,

    I frequently practice in PA also and there is really not a lot of
    difference when looking to freeze assets. In PA it is called a Petition
    for Special Relief and it allows you to prevent the dissipation of marital
    assets as you would in NJ. In my experience, I have sent copies of the
    order to both local and national financial institutions. All have complied
    with the request. You should not have much trouble. If you have any
    questions, please don't hesitate to contact me.


    Diana C. Schimmel, Esquire
    Two Logan Square
    100 N. 18th Street, Suite 300
    Philadelphia, PA 19103
    p. 267-207-3573
    f. 267-200-0078
    [email protected]
    www.SchimmelFamilyLaw.com

    On Mon, Jan 5, 2015 at 1:28 PM, David Perry Davis via New Jersey State Bar