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IN RE TYLKA

Bankruptcy No. 02-29030 BM. Adversary No. 04-2430 BM.

317 B.R. 672 (2004)

In re Bonnie Sue TYLKA, Debtor. James R. Walsh, Esquire, Trustee of the Bankruptcy Estate of Bonnie Sue Tylka, Plaintiff, v. Commonwealth of PA, % Citistreet, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

November 8, 2004.

Attorney(s) appearing for the Case

James R. Walsh, Johnstown, PA, Pro se.

Amy M. Tonti, Reed Smith, LLP, Pittsburgh, PA, for Defendant.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

The chapter 7 trustee has brought this adversary action against the State Employees Retirement Board of the Commonwealth of Pennsylvania ("SERB"). He seeks an order directing SERB to turn over the balance in debtor's account in a deferred compensation program ("DCP") administered by SERB in which debtor voluntarily participated.

SERB has responded with a motion to dismiss the turnover action...

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