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HomeMy WebLinkAbout96-03197 . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreet Carlisle. PA 17013 (717) 240.6535 e. Robert Elicker, II Divorce Mastar Trecl .10 Colyer OIllee ManageriRepo/1er We.t Shore 697-0371 Ex!. 6535 January 13, 1997 Johnna J. Deily Attorney at Law SAlOIS, GUIDO, SHUFF & MASLAND 26 West High Street Carlisle, PA 17013 RE: Jana Simek vs. Tibor Simek No. 96 - 3197 civil In Divorce Hubert X. Gilroy, Esquire BROUJOS, GIRLOY & HOUSTON 4 North Hanover Street Carlisle, PA 17013 Dear Ms. Deily and Mr. Gilroy: By order of Court of President Judge Harold E. Sheely dated January 8, 1997, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on June 6, 1996, raising grounds for divorce of irretrievable breakdown of the marriage. On January 3, 1997, a petition was filed on behalf of the Plaintiff for equitable distribution. Although I note that Mr. Gilroy is named as the attorney for the Defendant and service has been made upon him of certain documents, Mr. Gilroy has not entered his appearance in the action. I request that he file a praecipe entering his appearance of record. I am unable to tell from the pleadings whether or not the parties are willing to sign affidavits of consent so that the divorce can be concluded under section 3301(c) of the Domestic Relations Code. The motion for appointment of Master does not indicate that grounds for divorce are an issue in the action. Based on my assumption that grounds for divorce are not contested, I am directing each counsel to file a pre-trial statement in accordance with P.R.C.P. 1920.33(b) on or before Friday, February 7, 1997. Upon receipt of the pre-trial ~ ~ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 3197 CIVIL JANA SIMEK, Plaintiff TIBOR SIMEK, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, August 11, 1997 Present for the Plaintiff, Jana Simek, is attorney Johnna J. Deily, and present for the Defendant, Tibor Simek, is attorney Hubert X. Gilroy. A divorce complaint was filed on June 6, 1996, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On January 3, 1997, the Plaintiff filed a petition raising the economic claim of equitable distribution. The parties were married on December 16, 1987, and separated in February 1993. There is no issue with respect to date of separation. There were no children born of the marriage. wife is 29 years of age and resides at 7 West street, Newville, Pennsylvania, where she lives alone. She allegedly has a male friend by whom she is pregnant, although there is no specific evidence that she is currently living with the male friend. Wife has a high school education and is a custodian for the Big spring School district. She earns $10.37 per hour and nets $580.99 biweekly. She does work sporadically in the summer, however, so that her income during the summer months is not constant. Nife has not raised any health issues. Husband is 34 years of age and resides at M. Nespora - 1, 90B51, HOlic, Slovakia, where he lives alone. He has police training and is involved in some small businesses such as a carpet business, importing garage doors, and the ice cream business. We have no specific information as to his income. Husband has not raised any health issues. Neither party is receiving nor paying spousal support nor alimony pendente lite. Wife is vested in a pension fund where she works and according to her pre-trial statement, the date of separation .. ~ value of that fund was around $5,351.34. An updated value, including postseparation contributions, bring the fund to a value of around $6,850.00. It is likely that we will use the date of separation value for the pension fund in the equitable distribution computation. Any contributions made to that fund after separation would not be considered; however, counsel may want to apply an interest factor to update the value of the marital portion to the date of the hearing. Husband reports that he has a Prudential fund with a valuQ of $11,045.00. The real estate that the parties own at 7 West street, Newville, Pennsylvania, by stipulation of counsel, has a value of $70,000.00. There is a mcrtgage in favor Harris in the approx~mate amount of $25,000.00 and a home equity loan in favor of Harris in an approximate amount of $12,000.00. Counsel are going to provide updated statements on the mortgage and home equity loan debt close to the date of hearing so we can use the most current information in computing an equity value in the house. Also at issue is a 1993 Honda vehicle which wife claims husband sold for $12,000.00 and retained the proceeds. Mr. Gilroy is going to check with his client to find out if that, in fact, occurred or if his client has another version of what happened with regard to the Honda vehicle and sale. When the parties separated wife retained ~he household tangible personal property which has not been appraised but apparently the parties are satisfied with the distribution. However, there may be an issue as to value. Wife claims that husband took certain items of tangible personal property including a stereo, VCR, and camcorder and sold those items and retained the proceeds. The parties acknowledge that they owe $6,000.00 to a friend by the name of Paul smith, which money was used for the purchase of the home. Wife also claims that she has paid marital debt on a visa card in the amount $7,647.00. Husband is not necessarily agreeing that all of the monies on the Visa card were marital debt and wife is going to provide documentation showing the amount of charges on the debt in order to determine whether those charges were marital. She will also provide verification that she has made the payments on that account and if any amount is due and owing will agree to continue to payoff that loan. A hearing is scheduled for Wednesday, October 8, r' 1~'1 '.: "'\-n:i:;t~i: ..'.': ' ,~:' ,. '\:'IT:,7.,'( ':7 ''"'-;3 . . ,~ I ,., t 1'1 i ~... ~ ~ C 0 l~;.;' .,'",11..-',,', ,\ > a) n; LJ; ~ N '1,,:'( ~ ' 'z ~ .': J~ t-. ~~ ~~.:~') ';0 '::I"'" 'do:" ~l! :::"- '1ea Ci:. w.~, ')0- f:- :'~ tj r; (J '.. '>- - h; ..:J ~=-: , ~t' 9 I: , C 01;'::' ~f" . - };:'~ .-. ': ., J , u.:' . . -j{il " 1,J. ,.. ,. r- , C' en ~) JANA SIMEK, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVAllIA : v. . NO. 96 - 3197 CIVIL . . . TIBOR SIMEK, . IN DIVORCE . Dnfendant : PRE-TRIAL HEARING Defendant, Tibor Simek, by his attorneys, Broujos, Gilroy and Houston, P.C., sets forth the following pursuant to Pennsylvania Rule of Civil Procedure 1920.33(b): 1 Mr. Simek was born July 25, 1963 in Slovakia. He attended school through some police training until the age of 22. Mrs. Simek was born April 1, 1968. Mrs. Simek completed high school. 2 The parties were married December 16, 1987. This is the first marriage for both parties. 3 Both parties are natives of Slovakia. Neither party is a citizen of the United States, but both have Permanent Resident status. 4 Mr. Simek travels between the United States and Slovakia. When in Pennsylvania, he resides with Paul Smith at 55 Vine Street, Newville, PA. His Slovakian address is M. Nespora - 1, 90851 Holic, Slovakia. 5 The parties have a marital home which is located at 7 West Street, Newville, PA. An appraisal performed on the property by Wolfe & Shearer Realtors indicated an estimated value of $70,000. There are currently two mortgages on the property with an estimated payoff of $35,000. We need to obtain updated payoff figures on the mortgages. 6 Mrs. Simek works at the Big Springs School District as a custodian. She has a pension through her employer with the value of $6,850 as of June 1995. li; <'J '- W I:; ..;J ~ I~ .. :-)~ - '" - . 3;;: ~ ~! c;: '")~ ~(.~ h ' ,- r-- .......... \0 :.'r:(, t,. I :J~ ........ \;: ,,{ ~ ::r~ .:l ;,?, fl]u. ~.~ ^" , 5 rl) \5 ~., (J ~ Co" ~"I'\ - r-- ~ ~ \..I ~~~, c:J - , H rn:il -0 Q -0 ..:> otJ Z ~~ M Me.:! < Porn tJ ~ '"' ~~ z~ 00 t;;~a .... .jJ 00 .... !: H> [il ~s~<~ ~Po or! ttI tl~ .jJ 'tl 0 ~ t: t: I<l UclJ'" Z;:!j tJ~ or! Ql me.:! fE x Z ttI . .... :<: Oal:c~r::- ra.z .-I > Ql ~E-< 00 Po 0 e.:! o Q ,QD:E 0 ora. ::t _o:c~~ E-<tJ ~ ZO ~o ~ ~ 0 :s ;;;J c.: at!!l 0 r.l ~ ~ - ~ :!j...l:c 8~ ~ ~ If<'tl ~ ~Q. H z- OO < 10 H rn H_ - U r.l \0> lJl j~ Q :<: (lIH ~ E-<~ . 0 ..: 0 Po"" - :il III ::E: < ZOOZ H 01-< 00 HtJZH "J E-< tJo SAlOIS, GUIDO, SHUFF & MASLAND 26 w, Hi&!> 5_, CarIbl., PA JANA SIMEK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUN'l'Y, PENNSYLVANIA NO. 96- 1/'''' C{'~ .- V. IL(..-. I TIBOR SIMEK, I Defendant I IN DIVORCE AFFIDAVIT I, Jana Simek, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 falsification to authorities. to unsworn Dated: ,r:). I G - 90 l ,i I I I >- cn ?: 0; Lr. ";'- ;:::: N ~-;;) ~n ~~l ,~ .)~ u. 1::J ..,- Cl M :." in ~2 I 12 '2 t.;J ~. '1~ __L: F .. 1I. .... ~j 0 Cl' U ascertained, There is a first mortgage on the premises to Harrin Savingo, with an approximate balance of $25,000.00. There io aloo a home equity loan agilinst Harris Savings with an approximilte billance of $12.000,00. Wife has been making all paymnnts oince the partieo separated. ~'ersonal Property The parties have made a satisfactory division of the majority of the personal property at the time the parties separatedt and do not appear to be at issue. The parties did have a marital vehicle, a 1993 Honda, which was sold by husband in 1995 for the sum of $12.000.00. It is submitted that the proceeds from the sale of this vehicle which were retained solely by Defendant are also subject to equitable distribution. Furthert the husband sold some of the other i.tems of personal property, such as the stereo, VCR, and camquarter and kept the proceeds for himself. 3. Retirement Account At the time the parties separated, the husband retained a Prudential fund of $11,045.69. Wife has a retirement account with the Public School Employees Retirement System which has a date of separation value of $5,351.34. III. Marital Debts Besides the two mortgilges on the premises as listed above. the wi f<'l han been pay! ng t1w VISA bi 110 for costn incurred by th.! hunballd totidiill'J :;;7 ,G' 17 ,(i4, 'I'h"I"" <In, 1'''poIin' tholt 1I,..',.t! to b" illClll<j.,d ill th" property totallinq $Il,10'l"aJ, It in 1'1""1',,,,...01 tholt t.h" wif,' will IhlV'~ the work completed if she is awarded the marital residence, There is also a $3,000.00 debt owed to Paul Smith, a mutual friend who had loaned the parties money. IV. Miscellaneous Items of Marital Property Since the husband lives in Slovakia, the wife does not know what he owns. He had advised the wife in the past he owns two homes in Europe along with his brother, as well as the ice cream business. V. Witnesses (a) Experts - Wife does not know of any expert witnesses that need to be called at this time, but reserves the right to supplement this answer. If the parties can agree on the date of separation value of the marital home, then an appraiser will not be required. In the event that an appraisal is required, it is submitted that the parties would agree on an appraiser and share equally in the costs involved. (b) Other Witnesses _ i, The wife, Jana Simek. ii. Paul Smith, a mutual friend who is able to testify about the dealings he has had with both parties. iii. wifets parents, who can testify about property that husband possibly owned in Slovakia, VI, Proposed Resolution of the Case \~i Ie propo"e13 thill. nile b., "nt i 1 1.,;J 10 keep tile equity ill the marital hom.., and 11'.'1" p'"wion pLoll, lIunlJilnd may keep the pt'ocecd:J fl'om tile :Jill,. of till.' 1tI,11"it.ll vdlicl,-, ilnd hiD